diff --git a/docs/corpus.json b/docs/corpus.json
index fe79872..e3e2ef1 100644
--- a/docs/corpus.json
+++ b/docs/corpus.json
@@ -1 +1 @@
-[{"id":"a-53-44-0001","docId":"a-53-44","idx":1,"n":1,"text":"Article 3 is confined in its application to cases where there are substantial grounds for believing that the author would be in danger of being subjected to torture as defined in article 1 of the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"1","source":"regex"}]},{"id":"a-53-44-0002","docId":"a-53-44","idx":2,"n":2,"text":"The Committee is of the view that the phrase “another State” in article 3 refers to the State to which the individual concerned is being expelled, returned or extradited, as well as to any State to which the author may subsequently be expelled, returned or extradited.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"a-53-44-0003","docId":"a-53-44","idx":3,"n":3,"text":"Pursuant to article 1, the criterion, mentioned in article 3, paragraph 2, of “a consistent pattern or gross, flagrant or mass violations of human rights” refers only to violations by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"a-53-44-0004","docId":"a-53-44","idx":4,"n":4,"text":"The Committee is of the opinion that it is the responsibility of the author to establish a prima facie case for the purpose of admissibility of his or her communication under article 22 of the Convention by fulfilling each of the requirements of rule 107 of the rules of procedure of the Committee.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"a-53-44-0005","docId":"a-53-44","idx":5,"n":5,"text":"With respect to the application of article 3 of the Convention to the merits of a case, the burden is upon the author to present an arguable case. This means that there must be a factual basis for the author’s position sufficient to require a response from the State party.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"a-53-44-0006","docId":"a-53-44","idx":6,"n":6,"text":"Bearing in mind that the State party and the Committee are obliged to assess whether there are substantial grounds for believing that the author would be in danger of being subjected to torture were he/she to be expelled, returned or extradited, the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. However, the risk does not have to meet the test of being highly probable.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997},{"id":"a-53-44-0007","docId":"a-53-44","idx":7,"n":7,"text":"The author must establish that he/she would be in danger of being tortured and that the grounds for so believing are substantial in the way described, and that such danger is personal and present. All pertinent information may be introduced by either party to bear on this matter.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997},{"id":"a-53-44-0008","docId":"a-53-44","idx":8,"n":8,"text":"The following information, while not exhaustive, would be pertinent:\n(a) Is the State concerned one in which there is evidence of a consistent pattern of gross, flagrant or mass violations of human rights (see art. 3, para. 2)?\n(b) Has the author been tortured or maltreated by or at the instigation of or with the consent of acquiescence of a public official or other person acting in an official capacity in the past? If so, was this the recent past?\n(c) Is there medical or other independent evidence to support a claim by the author that he/she has been tortured or maltreated in the past? Has the torture had after-effects?\n(d) Has the situation referred to in (a) above changed? Has the internal situation in respect of human rights altered?\n(e) Has the author engaged in political or other activity within or outside the State concerned which would appear to make him/her particularly vulnerable to the risk of being placed in danger of torture were he/she to be expelled, returned or extradited to the State in question?\n(f) Is there any evidence as to the credibility of the author? (g) Are there factual inconsistencies in the claim of the author? If so, are they relevant?","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"a-53-44-0009","docId":"a-53-44","idx":9,"n":9,"text":"Bearing in mind that the Committee against Torture is not an appellate, a quasi-judicial or an administrative body, but rather a monitoring body created by the States parties themselves with declaratory powers only, it follows that:\n(a) Considerable weight will be given, in exercising the Committee’s jurisdiction pursuant to article 3 of the Convention, to findings of fact that are made by organs of the State party concerned; but\n(b) The Committee is not bound by such findings and instead has the power, provided by article 22, paragraph 4, of the Convention, of free assessment of the facts based upon the full set of circumstances in every case.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-2-0001","docId":"cat-c-gc-2","idx":1,"n":1,"text":"1. This general comment addresses the three parts of article 2, each of which identifies distinct interrelated and essential principles that undergird the Convention’s absolute prohibition against torture. Since the adoption of the Convention against Torture, the absolute and non-derogable character of this prohibition has become accepted as a matter of customary international law. The provisions of article 2 reinforce this peremptory jus cogens norm against torture and constitute the foundation of the Committee’s authority to implement effective means of prevention, including but not limited to those measures contained in the subsequent articles 3 to 16, in response to evolving threats, issues, and practices.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-2-0002","docId":"cat-c-gc-2","idx":2,"n":2,"text":"2. Article 2, paragraph 1, obliges each State party to take actions that will reinforce the prohibition against torture through legislative, administrative, judicial, or other actions that must, in the end, be effective in preventing it. To ensure that measures are in fact taken that are known to prevent or punish any acts of torture, the Convention outlines in subsequent articles obligations for the State party to take measures specified therein.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0003","docId":"cat-c-gc-2","idx":3,"n":3,"text":"3. The obligation to prevent torture in article 2 is wide-ranging. The obligations to prevent torture and other cruel, inhuman or degrading treatment or punishment (hereinafter “ill-treatment”) under article 16, paragraph 1, are indivisible, interdependent and interrelated. The obligation to prevent ill-treatment in practice overlaps with and is largely congruent with the obligation to prevent torture. Article 16, identifying the means of prevention of ill-treatment, emphasizes “in particular” the measures outlined in articles 10 to 13, but does not limit effective prevention to these articles, as the Committee has explained, for example, with respect to compensation in article 14. In practice, the definitional threshold between ill-treatment and torture is often not clear. Experience demonstrates that the conditions that give rise to ill-treatment frequently facilitate torture and therefore the measures required to prevent torture must be applied to prevent ill-treatment. Accordingly, the Committee has considered the prohibition of ill-treatment to be likewise non-derogable under the Convention and its prevention to be an effective and non-derogable measure. GE.08-40262GE.08-40262","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"16","source":"regex"},{"treaty":"CAT","article":"16","source":"regex"},{"treaty":"CAT","article":"10","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-2-0004","docId":"cat-c-gc-2","idx":4,"n":4,"text":"4. States parties are obligated to eliminate any legal or other obstacles that impede the eradication of torture and ill-treatment; and to take positive effective measures to ensure that such conduct and any recurrences thereof are effectively prevented. States parties also have the obligation continually to keep under review and improve their national laws and performance under the Convention in accordance with the Committee’s concluding observations and views adopted on individual communications. If the measures adopted by the State party fail to accomplish the purpose of eradicating acts of torture, the Convention requires that they be revised and/or that new, more effective measures be adopted. Likewise, the Committee’s understanding of and recommendations in respect of effective measures are in a process of continual evolution, as, unfortunately, are the methods of torture and ill-treatment.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008},{"id":"cat-c-gc-2-0005","docId":"cat-c-gc-2","idx":5,"n":5,"text":"5. Article 2, paragraph 2, provides that the prohibition against torture is absolute and non-derogable. It emphasizes that no exceptional circumstances whatsoever may be invoked by a State Party to justify acts of torture in any territory under its jurisdiction. The Convention identifies as among such circumstances a state of war or threat thereof, internal political instability or any other public emergency. This includes any threat of terrorist acts or violent crime as well as armed conflict, international or non-international. The Committee is deeply concerned at and rejects absolutely any efforts by States to justify torture and ill-treatment as a means to protect public safety or avert emergencies in these and all other situations. Similarly, it rejects any religious or traditional justification that would violate this absolute prohibition. The Committee considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["II. Absolute prohibition"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0006","docId":"cat-c-gc-2","idx":6,"n":6,"text":"6. The Committee reminds all States parties to the Convention of the non-derogable nature of the obligations undertaken by them in ratifying the Convention. In the aftermath of the attacks of 11 September 2001, the Committee specified that the obligations in articles 2 (whereby “no exceptional circumstances whatsoever…may be invoked as a justification of torture”), 15 (prohibiting confessions extorted by torture being admitted in evidence, except against the torturer), and 16 (prohibiting cruel, inhuman or degrading treatment or punishment) are three such provisions that “must be observed in all circumstances”[[fn:1]]. The Committee considers that articles 3 to 15 are likewise obligatory as applied to both torture and ill-treatment. The Committee recognizes that States parties may choose the measures through which they fulfill these obligations, so long as they are effective and consistent with the object and purpose of the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"footnotes":[{"n":1,"text":"On 22 November 2001, the Committee adopted a statement in connection with the events of 11 September which was sent to each State party to the Convention (A/57/44, paras. 17-18)."}],"section":["II. Absolute prohibition"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-2-0007","docId":"cat-c-gc-2","idx":7,"n":7,"text":"7. The Committee also understands that the concept of “any territory under its jurisdiction,” linked as it is with the principle of non-derogability, includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of a State party. The Committee emphasizes that the State’s obligation to prevent torture also applies to all persons who act, de jure or de facto, in the name of, in conjunction with, or at the behest of the State party. It is a matter of urgency that each State party should closely monitor its officials and those acting on its behalf and should identify and report to the Committee any incidents of torture or ill-treatment as a consequence of anti-terrorism measures, among others, and the measures taken to investigate, punish, and prevent further torture or ill-treatment in the future, with particular attention to the legal responsibility of both the direct perpetrators and officials in the chain of command, whether by acts of instigation, consent or acquiescence.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["II. Absolute prohibition"]},{"id":"cat-c-gc-2-0008","docId":"cat-c-gc-2","idx":8,"n":8,"text":"8. States parties must make the offence of torture punishable as an offence under its criminal law, in accordance, at a minimum, with the elements of torture as defined in article 1 of the Convention, and the requirements of article 4.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"4","source":"regex"}]},{"id":"cat-c-gc-2-0009","docId":"cat-c-gc-2","idx":9,"n":9,"text":"9. Serious discrepancies between the Convention’s definition and that incorporated into domestic law create actual or potential loopholes for impunity. In some cases, although similar language may be used, its meaning may be qualified by domestic law or by judicial interpretation and thus the Committee calls upon each State party to ensure that all parts of its Government adhere to the definition set forth in the Convention for the purpose of defining the obligations of the State. At the same time, the Committee recognizes that broader domestic definitions also advance the object and purpose of this Convention so long as they contain and are applied in accordance with the standards of the Convention, at a minimum. In particular, the Committee emphasizes that elements of intent and purpose in article 1 do not involve a subjective inquiry into the motivations of the perpetrators, but rather must be objective determinations under the circumstances. It is essential to investigate and establish the responsibility of persons in the chain of command as well as that of the direct perpetrator(s).","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"}]},{"id":"cat-c-gc-2-0010","docId":"cat-c-gc-2","idx":10,"n":10,"text":"10. The Committee recognizes that most States parties identify or define certain conduct as ill-treatment in their criminal codes. In comparison to torture, ill-treatment may differ in the severity of pain and suffering and does not require proof of impermissible purposes. The Committee emphasizes that it would be a violation of the Convention to prosecute conduct solely as ill-treatment where the elements of torture are also present.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"]},{"id":"cat-c-gc-2-0011","docId":"cat-c-gc-2","idx":11,"n":11,"text":"11. By defining the offence of torture as distinct from common assault or other crimes, the Committee considers that States parties will directly advance the Convention’s overarching aim of preventing torture and ill-treatment. Naming and defining this crime will promote the Convention’s aim, inter alia, by alerting everyone, including perpetrators, victims, and the public, to the special gravity of the crime of torture. Codifying this crime will also (a) emphasize the need for appropriate punishment that takes into account the gravity of the offence, (b) strengthen the deterrent effect of the prohibition itself, (c) enhance the ability of responsible officials to track the specific crime of torture and (d) enable and empower the public to monitor and, when required, to challenge State action as well as State inaction that violates the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"]},{"id":"cat-c-gc-2-0012","docId":"cat-c-gc-2","idx":12,"n":12,"text":"12. Through review of successive reports from States parties, the examination of individual communications, and monitoring of developments, the Committee has, in its concluding observations, articulated its understanding of what constitute effective measures, highlights of which we set forth here. In terms of both the principles of general application of article 2 and developments that build upon specific articles of the Convention, the Committee has recommended specific actions designed to enhance each State party’s ability swiftly and effectively to implement measures necessary and appropriate to prevent acts of torture and ill-treatment and thereby assist States parties in bringing their law and practice into full compliance with the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0013","docId":"cat-c-gc-2","idx":13,"n":13,"text":"13. Certain basic guarantees apply to all persons deprived of their liberty. Some of these are specified in the Convention, and the Committee consistently calls upon States parties to use them. The Committee’s recommendations concerning effective measures aim to clarify the current baseline and are not exhaustive. Such guarantees include, inter alia, maintaining an official register of detainees, the right of detainees to be informed of their rights, the right promptly to receive independent legal assistance, independent medical assistance, and to contact relatives, the need to establish impartial mechanisms for inspecting and visiting places of detention and confinement, and the availability to detainees and persons at risk of torture and ill-treatment of judicial and other remedies that will allow them to have their complaints promptly and impartially examined, to defend their rights, and to challenge the legality of their detention or treatment.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"]},{"id":"cat-c-gc-2-0014","docId":"cat-c-gc-2","idx":14,"n":14,"text":"14. Experience since the Convention came into force has enhanced the Committee’s understanding of the scope and nature of the prohibition against torture, of the methodologies of torture, of the contexts and consequences in which it occurs, as well as of evolving effective measures to prevent it in different contexts. For example, the Committee has emphasized the importance of having same sex guards when privacy is involved. As new methods of prevention (e.g. videotaping all interrogations, utilizing investigative procedures such as the Istanbul Protocol of 1999[[fn:2]], or new approaches to public education or the protection of minors) are discovered, tested and found effective, article 2 provides authority to build upon the remaining articles and to expand the scope of measures required to prevent torture.","labels":["LGBTI+"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"footnotes":[{"n":2,"text":"Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment."}],"section":["III. Content of the obligation to take effective measures to prevent torture"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0015","docId":"cat-c-gc-2","idx":15,"n":15,"text":"15. The Convention imposes obligations on States parties and not on individuals. States bear international responsibility for the acts and omissions of their officials and others, including agents, private contractors, and others acting in official capacity or acting on behalf of the State, in conjunction with the State, under its direction or control, or otherwise under colour of law. Accordingly, each State party should prohibit, prevent and redress torture and ill-treatment in all contexts of custody or control, for example, in prisons, hospitals, schools, institutions that engage in the care of children, the aged, the mentally ill or disabled, in military service, and other institutions as well as contexts where the failure of the State to intervene encourages and enhances the danger of privately inflicted harm. The Convention does not, however, limit the international responsibility that States or individuals can incur for perpetrating torture and ill-treatment under international customary law and other treaties.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["IV. Scope of State obligations and responsibility"]},{"id":"cat-c-gc-2-0016","docId":"cat-c-gc-2","idx":16,"n":16,"text":"16. Article 2, paragraph 1, requires that each State party shall take effective measures to prevent acts of torture not only in its sovereign territory but also “in any territory under its jurisdiction.” The Committee has recognized that “any territory” includes all areas where the State party exercises, directly or indirectly, in whole or in part, de jure or de facto effective control, in accordance with international law. The reference to “any territory” in article 2, like that in articles 5, 11, 12, 13 and 16, refers to prohibited acts committed not only on board a ship or aircraft registered by a State party, but also during military occupation or peacekeeping operations and in such places as embassies, military bases, detention facilities, or other areas over which a State exercises factual or effective control. The Committee notes that this interpretation reinforces article 5, paragraph 1 (b), which requires that a State party must take measures to exercise jurisdiction “when the alleged offender is a national of the State.” The Committee considers that the scope of “territory” under article 2 must also include situations where a State party exercises, directly or indirectly, de facto or de jure control over persons in detention.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["IV. Scope of State obligations and responsibility"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"5","source":"regex"},{"treaty":"CAT","article":"11","source":"regex"},{"treaty":"CAT","article":"12","source":"regex"},{"treaty":"CAT","article":"13","source":"regex"},{"treaty":"CAT","article":"16","source":"regex"},{"treaty":"CAT","article":"5","source":"regex"},{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0017","docId":"cat-c-gc-2","idx":17,"n":17,"text":"17. The Committee observes that States parties are obligated to adopt effective measures to prevent public authorities and other persons acting in an official capacity from directly committing, instigating, inciting, encouraging, acquiescing in or otherwise participating or being complicit in acts of torture as defined in the Convention. Thus, States parties should adopt effective measures to prevent such authorities or others acting in an official capacity or under colour of law, from consenting to or acquiescing in any acts of torture. The Committee has concluded that States parties are in violation of the Convention when they fail to fulfil these obligations. For example, where detention centres are privately owned or run, the Committee considers that personnel are acting in an official capacity on account of their responsibility for carrying out the State function without derogation of the obligation of State officials to monitor and take all effective measures to prevent torture and ill-treatment.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["IV. Scope of State obligations and responsibility"]},{"id":"cat-c-gc-2-0018","docId":"cat-c-gc-2","idx":18,"n":18,"text":"18. The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State’s indifference or inaction provides a form of encouragement and/or de facto permission. The Committee has applied this principle to States parties’ failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.","labels":["Women/girls"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["IV. Scope of State obligations and responsibility"]},{"id":"cat-c-gc-2-0019","docId":"cat-c-gc-2","idx":19,"n":19,"text":"19. Additionally, if a person is to be transferred or sent to the custody or control of an individual or institution known to have engaged in torture or ill-treatment, or has not implemented adequate safeguards, the State is responsible, and its officials subject to punishment for ordering, permitting or participating in this transfer contrary to the State’s obligation to take effective measures to prevent torture in accordance with article 2, paragraph 1. The Committee has expressed its concern when States parties send persons to such places without due process of law as required by articles 2 and 3.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["IV. Scope of State obligations and responsibility"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-2-0020","docId":"cat-c-gc-2","idx":20,"n":20,"text":"20. The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. Non-discrimination is included within the definition of torture itself in article 1, paragraph 1, of the Convention, which explicitly prohibits specified acts when carried out for “any reason based on discrimination of any kind…”. The Committee emphasizes that the discriminatory use of mental or physical violence or abuse is an important factor in determining whether an act constitutes torture.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["V. Protection for individuals and groups made vulnerable by discrimination or marginalization"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"}]},{"id":"cat-c-gc-2-0021","docId":"cat-c-gc-2","idx":21,"n":21,"text":"21. The protection of certain minority or marginalized individuals or populations especially at risk of torture is a part of the obligation to prevent torture or ill-treatment. States parties must ensure that, insofar as the obligations arising under the Convention are concerned, their laws are in practice applied to all persons, regardless of race, colour, ethnicity, age, religious belief or affiliation, political or other opinion, national or social origin, gender, sexual orientation, transgender identity, mental or other disability, health status, economic or indigenous status, reason for which the person is detained, including persons accused of political offences or terrorist acts, asylum-seekers, refugees or others under international protection, or any other status or adverse distinction. States parties should, therefore, ensure the protection of members of groups especially at risk of being tortured, by fully prosecuting and punishing all acts of violence and abuse against these individuals and ensuring implementation of other positive measures of prevention and protection, including but not limited to those outlined above.","labels":["Refugees & asylum-seekers","Indigenous peoples","LGBTI+"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["V. Protection for individuals and groups made vulnerable by discrimination or marginalization"]},{"id":"cat-c-gc-2-0022","docId":"cat-c-gc-2","idx":22,"n":22,"text":"22. State reports frequently lack specific and sufficient information on the implementation of the Convention with respect to women. The Committee emphasizes that gender is a key factor. Being female intersects with other identifying characteristics or status of the person such as race, nationality, religion, sexual orientation, age, immigrant status etc. to determine the ways that women and girls are subject to or at risk of torture or ill-treatment and the consequences thereof. The contexts in which females are at risk include deprivation of liberty, medical treatment, particularly involving reproductive decisions, and violence by private actors in communities and homes. Men are also subject to certain gendered violations of the Convention such as rape or sexual violence and abuse. Both men and women and boys and girls may be subject to violations of the Convention on the basis of their actual or perceived non-conformity with socially determined gender roles. States parties are requested to identify these situations and the measures taken to punish and prevent them in their reports.","labels":["Women/girls","Children"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["V. Protection for individuals and groups made vulnerable by discrimination or marginalization"]},{"id":"cat-c-gc-2-0023","docId":"cat-c-gc-2","idx":23,"n":23,"text":"23. Continual evaluation is therefore a crucial component of effective measures. The Committee has consistently recommended that States parties provide data disaggregated by age, gender and other key factors in their reports to enable the Committee to adequately evaluate the implementation of the Convention. Disaggregated data permits the States parties and the Committee to identify, compare and take steps to remedy discriminatory treatment that may otherwise go unnoticed and unaddressed. States parties are requested to describe, as far as possible, factors affecting the incidence and prevention of torture or ill-treatment, as well as the difficulties experienced in preventing torture or ill-treatment against specific relevant sectors of the population, such as minorities, victims of torture, children and women, taking into account the general and particular forms that such torture and ill-treatment may take.","labels":["Women/girls","Children"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["V. Protection for individuals and groups made vulnerable by discrimination or marginalization"]},{"id":"cat-c-gc-2-0024","docId":"cat-c-gc-2","idx":24,"n":24,"text":"24. Eliminating employment discrimination and conducting ongoing sensitization training in contexts where torture or ill-treatment is likely to be committed is also key to preventing such violations and building a culture of respect for women and minorities. States are encouraged to promote the hiring of persons belonging to minority groups and women, particularly in the medical, educational, prison/detention, law enforcement, judicial and legal fields, within State institutions as well as the private sector. States parties should include in their reports information on their progress in these matters, disaggregated by gender, race, national origin, and other relevant status.","labels":["Women/girls"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["V. Protection for individuals and groups made vulnerable by discrimination or marginalization"]},{"id":"cat-c-gc-2-0025","docId":"cat-c-gc-2","idx":25,"n":25,"text":"25. Articles 3 to 15 of the Convention constitute specific preventive measures that the States parties deemed essential to prevent torture and ill-treatment, particularly in custody or detention. The Committee emphasizes that the obligation to take effective preventive measures transcends the items enumerated specifically in the Convention or the demands of this general comment. For example, it is important that the general population be educated on the history, scope, and necessity of the non-derogable prohibition of torture and ill-treatment, as well as that law enforcement and other personnel receive education on recognizing and preventing torture and ill-treatment. Similarly, in light of its long experience in reviewing and assessing State reports on officially inflicted or sanctioned torture or ill-treatment, the Committee acknowledges the importance of adapting the concept of monitoring conditions to prevent torture and ill-treatment to situations where violence is inflicted privately. States parties should specifically include in their reports to the Committee detailed information on their implementation of preventive measures, disaggregated by relevant status.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["VI. Other preventive measures required by the Convention"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-2-0026","docId":"cat-c-gc-2","idx":26,"n":26,"text":"26. The non-derogability of the prohibition of torture is underscored by the long-standing principle embodied in article 2, paragraph 3, that an order of a superior or public authority can never be invoked as a justification of torture Thus, subordinates may not seek refuge in superior authority and should be held to account individually. At the same time, those exercising superior authority - including public officials - cannot avoid accountability or escape criminal responsibility for torture or ill-treatment committed by subordinates where they knew or should have known that such impermissible conduct was occurring, or was likely to occur, and they failed to take reasonable and necessary preventive measures. The Committee considers it essential that the responsibility of any superior officials, whether for direct instigation or encouragement of torture or ill-treatment or for consent or acquiescence therein, be fully investigated through competent, independent and impartial prosecutorial and judicial authorities. Persons who resist what they view as unlawful orders or who cooperate in the investigation of torture or ill-treatment, including by superior officials, should be protected against retaliation of any kind.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["VII. Superior orders"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0027","docId":"cat-c-gc-2","idx":27,"n":27,"text":"27. The Committee reiterates that this general comment has to be considered without prejudice to any higher degree of protection contained in any international instrument or national law, as long as they contain, as a minimum, the standards of the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["VII. Superior orders"]},{"id":"cat-c-gc-3-0001","docId":"cat-c-gc-3","idx":1,"n":1,"text":"1. This general comment explains and clarifies to States parties the content and scope of the obligations under article 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Each State party is required to “ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.” The Committee considers that article 14 is applicable to all victims of torture and acts of cruel, inhuman or degrading treatment or punishment (hereafter “ill-treatment”) without discrimination of any kind, in line with the Committee’s general comment No. 2.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0002","docId":"cat-c-gc-3","idx":2,"n":2,"text":"2. The Committee considers that the term “redress” in article 14 encompasses the concepts of “effective remedy” and “reparation”. The comprehensive reparative concept therefore entails restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition and refers to the full scope of measures required to redress violations under the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0003","docId":"cat-c-gc-3","idx":3,"n":3,"text":"3. Victims are persons who have individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute violations of the Convention. A person should be considered a victim regardless of whether the perpetrator of the violation is identified, apprehended, prosecuted or convicted, and regardless of any familial or other relationship between the perpetrator and the victim. The term “victim” also includes affected immediate family or dependants of the victim as well as persons who have suffered harm in intervening to assist victims or to prevent victimization. The term “survivors” may, in some cases, be preferred by persons who have suffered harm. The Committee uses the legal term “victims” without prejudice to other terms which may be preferable in specific contexts.","labels":["Persons with disabilities"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012},{"id":"cat-c-gc-3-0004","docId":"cat-c-gc-3","idx":4,"n":4,"text":"4. The Committee emphasizes the importance of victim participation in the redress process, and that the restoration of the dignity of the victim is the ultimate objective in the provision of redress.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012},{"id":"cat-c-gc-3-0005","docId":"cat-c-gc-3","idx":5,"n":5,"text":"5. The obligations of States parties to provide redress under article 14 are two-fold: procedural and substantive. To satisfy their procedural obligations, States parties shall enact legislation and establish complaints mechanisms, investigation bodies and institutions, including independent judicial bodies, capable of determining the right to and awarding redress for a victim of torture and ill-treatment, and ensure that such mechanisms and bodies are effective and accessible to all victims. At the substantive level, States parties shall ensure that victims of torture or ill-treatment obtain full and effective redress and reparation, including compensation and the means for as full rehabilitation as possible.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0006","docId":"cat-c-gc-3","idx":6,"n":6,"text":"6. As stated in paragraph 2 above, redress includes the following five forms of reparation: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. The Committee recognizes the elements of full redress under international law and practice as outlined in the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines).[[fn:1]] Reparation must be adequate, effective and comprehensive. States parties are reminded that in the determination of redress and reparative measures provided or awarded to a victim of torture or ill-treatment, the specificities and circumstances of each case must be taken into consideration and redress should be tailored to the particular needs of the victim and be proportionate to the gravity of the violations committed against them. The Committee emphasizes that the provision of reparation has an inherent preventive and deterrent effect in relation to future violations.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"footnotes":[{"n":1,"text":"United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, General Assembly resolution 60/147."}],"section":["Substantive obligations: the scope of the right to redress"]},{"id":"cat-c-gc-3-0007","docId":"cat-c-gc-3","idx":7,"n":7,"text":"7. Where State authorities or others acting in their official capacity have committed, know or have reasonable grounds to believe that acts of torture or ill-treatment have been committed by non-State officials or private actors and failed to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors in accordance with the Convention, the State bears responsibility for providing redress for the victims (general comment No. 2).","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Substantive obligations: the scope of the right to redress"]},{"id":"cat-c-gc-3-0008","docId":"cat-c-gc-3","idx":8,"n":8,"text":"8. Restitution is a form of redress designed to re-establish the victim’s situation before the violation of the Convention was committed, taking into consideration the specificities of each case. The preventive obligations under the Convention require States parties to ensure that a victim receiving such restitution is not placed in a position where he or she is at risk of repetition of torture or ill-treatment. In certain cases, the victim may consider that restitution is not possible due to the nature of the violation; however the State shall provide the victim with full access to redress. For restitution to be effective, efforts should be made to address any structural causes of the violation, including any kind of discrimination related to, for example, gender, sexual orientation, disability, political or other opinion, ethnicity, age and religion, and all other grounds of discrimination.","labels":["Persons with disabilities","LGBTI+"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Restitution"]},{"id":"cat-c-gc-3-0009","docId":"cat-c-gc-3","idx":9,"n":9,"text":"9. The Committee emphasizes that monetary compensation alone may not be sufficient redress for a victim of torture and ill-treatment. The Committee affirms that the provision of monetary compensation only is inadequate for a State party to comply with its obligations under article 14.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Compensation"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0010","docId":"cat-c-gc-3","idx":10,"n":10,"text":"10. The right to prompt, fair and adequate compensation for torture or ill-treatment under article 14 is multi-layered and compensation awarded to a victim should be sufficient to compensate for any economically assessable damage resulting from torture or ill-treatment, whether pecuniary or non-pecuniary. This may include: reimbursement of medical expenses paid and provision of funds to cover future medical or rehabilitative services needed by the victim to ensure as full rehabilitation as possible; pecuniary and non-pecuniary damage resulting from the physical and mental harm caused; loss of earnings and earning potential due to disabilities caused by the torture or ill-treatment; and lost opportunities such as employment and education. In addition, adequate compensation awarded by States parties to a victim of torture or ill-treatment should provide for legal or specialist assistance, and other costs associated with bringing a claim for redress.","labels":["Persons with disabilities"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Compensation"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0011","docId":"cat-c-gc-3","idx":11,"n":11,"text":"11. The Committee affirms that the provision of means for as full rehabilitation as possible for anyone who has suffered harm as a result of a violation of the Convention should be holistic and include medical and psychological care as well as legal and social services. Rehabilitation, for the purposes of this general comment, refers to the restoration of function or the acquisition of new skills required as a result of the changed circumstances of a victim in the aftermath of torture or ill-treatment. It seeks to enable the maximum possible self-sufficiency and function for the individual concerned, and may involve adjustments to the person’s physical and social environment. Rehabilitation for victims should aim to restore, as far as possible, their independence, physical, mental, social and vocational ability; and full inclusion and participation in society.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Rehabilitation"]},{"id":"cat-c-gc-3-0012","docId":"cat-c-gc-3","idx":12,"n":12,"text":"12. The Committee emphasizes that the obligation of States parties to provide the means for “as full rehabilitation as possible” refers to the need to restore and repair the harm suffered by a victim whose life situation, including dignity, health and self-sufficiency may never be fully recovered as a result of the pervasive effect of torture. The obligation does not relate to the available resources of States parties and may not be postponed.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Rehabilitation"]},{"id":"cat-c-gc-3-0013","docId":"cat-c-gc-3","idx":13,"n":13,"text":"13. In order to fulfil its obligations to provide a victim of torture or ill-treatment with the means for as full rehabilitation as possible, each State party should adopt a long-term, integrated approach and ensure that specialist services for victims of torture or ill-treatment are available, appropriate and readily accessible. These should include: a procedure for the assessment and evaluation of individuals’ therapeutic and other needs, based on, inter alia, the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol); and may include a wide range of inter-disciplinary measures, such as medical, physical and psychological rehabilitative services; re-integrative and social services; community and family-oriented assistance and services; vocational training; education etc. A holistic approach to rehabilitation which also takes into consideration the strength and resilience of the victim is of utmost importance. Furthermore, victims may be at risk of re-traumatization and have a valid fear of acts which remind them of the torture or ill-treatment they have endured. Consequently, a high priority should be placed on the need to create a context of confidence and trust in which assistance can be provided. Confidential services should be provided as required.","labels":["Persons with disabilities"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Rehabilitation"]},{"id":"cat-c-gc-3-0014","docId":"cat-c-gc-3","idx":14,"n":14,"text":"14. The requirement in the Convention to provide these forms of rehabilitative services does not extinguish the need to provide medical and psychosocial services for victims in the direct aftermath of torture, nor does such initial care represent the fulfilment of the obligation to provide the means for as full rehabilitation as possible.","labels":["Persons with disabilities"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Rehabilitation"]},{"id":"cat-c-gc-3-0015","docId":"cat-c-gc-3","idx":15,"n":15,"text":"15. States parties shall ensure that effective rehabilitation services and programmes are established in the State, taking into account a victim’s culture, personality, history and background and are accessible to all victims without discrimination and regardless of a victim’s identity or status within a marginalized or vulnerable group, as illustrated in paragraph 32, including asylum seekers and refugees. States parties’ legislation should establish concrete mechanisms and programmes for providing rehabilitation to victims of torture or ill-treatment. Torture victims should be provided access to rehabilitation programmes as soon as possible following an assessment by qualified independent medical professionals. Access to rehabilitation programmes should not depend on the victim pursuing judicial remedies. The obligation in article 14 to provide for the means for as full rehabilitation as possible can be fulfilled through the direct provision of rehabilitative services by the State, or through the funding of private medical, legal and other facilities, including those administered by non-governmental organizations (NGOs), in which case the State shall ensure that no reprisals or intimidation are directed at them. The victim’s participation in the selection of the service provider is essential. Services should be available in relevant languages. States parties are encouraged to establish systems for assessing the effective implementation of rehabilitation programmes and services, including by using appropriate indicators and benchmarks.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Rehabilitation"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0016","docId":"cat-c-gc-3","idx":16,"n":16,"text":"16. Satisfaction should include, by way of and in addition to the obligations of investigation and criminal prosecution under articles 12 and 13 of the Convention, any or all of the following remedies: effective measures aimed at the cessation of continuing violations; verification of the facts and full and public disclosure of the truth to the extent that such disclosure does not cause further harm or threaten the safety and interests of the victim, the victim’s relatives, witnesses, or persons who have intervened to assist the victim or prevent the occurrence of further violations; the search for the whereabouts of the disappeared, for the identities of the children abducted, and for the bodies of those killed, and assistance in the recovery, identification, and reburial of victims’ bodies in accordance with the expressed or presumed wish of the victims or affected families; an official declaration or judicial decision restoring the dignity, the reputation and the rights of the victim and of persons closely connected with the victim; judicial and administrative sanctions against persons liable for the violations; public apologies, including acknowledgement of the facts and acceptance of responsibility; commemorations and tributes to the victims.","labels":["Children"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Satisfaction and the right to truth"],"citedArticles":[{"treaty":"CAT","article":"12","source":"regex"},{"treaty":"CAT","article":"13","source":"regex"}]},{"id":"cat-c-gc-3-0017","docId":"cat-c-gc-3","idx":17,"n":17,"text":"17. A State’s failure to investigate, criminally prosecute, or to allow civil proceedings related to allegations of acts of torture in a prompt manner, may constitute a de facto denial of redress and thus constitute a violation of the State’s obligations under article 14.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Satisfaction and the right to truth"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0018","docId":"cat-c-gc-3","idx":18,"n":18,"text":"18. Articles 1 to 16 of the Convention constitute specific preventive measures that the States parties deemed essential to prevent torture and ill-treatment. To guarantee non-repetition of torture or ill-treatment, States parties should undertake measures to combat impunity for violations of the Convention. Such measures include issuing effective, clear instructions to public officials on the provisions of the Convention, especially the absolute prohibition of torture. Other measures should include any or all of the following: civilian oversight of military and security forces; ensuring that all judicial proceedings abide by international standards of due process, fairness and impartiality; strengthening the independence of the judiciary; protecting human rights defenders and legal, health and other professionals who assist torture victims; establishing systems for regular and independent monitoring of all places of detention; providing, on a priority and continued basis, training for law enforcement officials as well as military and security forces on human rights law that includes the specific needs of marginalized and vulnerable populations and specific training on the Istanbul Protocol for health and legal professionals and law enforcement officials; promoting the observance of international standards and codes of conduct by public servants, including law enforcement, correctional, medical, psychological, social service and military personnel; reviewing and reforming laws contributing to or allowing torture and ill-treatment; ensuring compliance with article 3 of the Convention prohibiting refoulement; ensuring the availability of temporary services for individuals or groups of individuals, such as shelters for victims of gender-related or other torture or ill-treatment. The Committee notes that by taking measures such as those listed herein, States parties may also be fulfilling their obligations to prevent acts of torture under article 2 of the Convention. Additionally, guarantees of non-repetition offer important potential for the transformation of social relations that may be the underlying causes of violence and may include, but are not limited to, amending relevant laws, fighting impunity, and taking effective preventative and deterrent measures.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Guarantees of non-repetition"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-3-0019","docId":"cat-c-gc-3","idx":19,"n":19,"text":"19. Under article 2 of the Convention, States parties shall enact “effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.” As clarified by the Committee in its general comment No. 2, “States parties must make the offence of torture punishable as an offence under its criminal law, in accordance, at a minimum, with the elements of torture as defined in article 1 of the Convention, and the requirements of article 4.” The failure of States parties to enact legislation that clearly incorporates their obligations under the Convention and criminalizes torture and ill-treatment, and the resulting absences of torture and ill-treatment as criminal offences, obstructs the victim’s capacity to access and enjoy his or her rights guaranteed under article 14.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Legislation"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"4","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0020","docId":"cat-c-gc-3","idx":20,"n":20,"text":"20. To give effect to article 14, States parties shall enact legislation specifically providing a victim of torture and ill-treatment with an effective remedy and the right to obtain adequate and appropriate redress, including compensation and as full rehabilitation as possible. Such legislation must allow for individuals to exercise this right and ensure their access to a judicial remedy. While collective reparation and administrative reparation programmes may be acceptable as a form of redress, such programmes may not render ineffective the individual right to a remedy and to obtain redress.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Legislation"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0021","docId":"cat-c-gc-3","idx":21,"n":21,"text":"21. States parties should ensure that their domestic laws provide that a victim who has suffered violence or trauma should benefit from adequate care and protection to avoid his or her re-traumatization in the course of legal and administrative procedures designed to provide justice and reparation.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Legislation"]},{"id":"cat-c-gc-3-0022","docId":"cat-c-gc-3","idx":22,"n":22,"text":"22. Under the Convention, States parties are required to prosecute or extradite alleged perpetrators of torture when they are found in any territory under its jurisdiction, and to adopt the necessary legislation to make this possible. The Committee considers that the application of article 14 is not limited to victims who were harmed in the territory of the State party or by or against nationals of the State party. The Committee has commended the efforts of States parties for providing civil remedies for victims who were subjected to torture or ill-treatment outside their territory. This is particularly important when a victim is unable to exercise the rights guaranteed under article 14 in the territory where the violation took place. Indeed, article 14 requires States parties to ensure that all victims of torture and ill-treatment are able to access remedy and obtain redress.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Legislation"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0023","docId":"cat-c-gc-3","idx":23,"n":23,"text":"23. The Committee has, in its concluding observations, identified other State obligations that shall be met in order to ensure that the article 14 rights of a victim are fully respected. In this regard, the Committee underscores the important relationship between States parties’ fulfilment of their obligations under article 12 and 13, and their obligation under article 14. According to article 12, States parties shall undertake prompt, effective and impartial investigations, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction as the result of its actions or omissions and, as set out in article 13 and affirmed by the Committee in its general comment No. 2, ensure that impartial and effective complaints mechanisms are established. Full redress cannot be obtained if the obligations under articles 12 and 13 are not guaranteed. Complaints mechanisms shall be made known and accessible to the public, including to persons deprived of their liberty, whether in detention, psychiatric facilities, or elsewhere, via, for example, telephone hotlines or confidential complaints boxes in detention facilities, and to persons belonging to vulnerable or marginalized groups, including those who may have limited communication abilities.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"12","source":"regex"},{"treaty":"CAT","article":"13","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"12","source":"regex"},{"treaty":"CAT","article":"13","source":"regex"},{"treaty":"CAT","article":"12","source":"regex"},{"treaty":"CAT","article":"13","source":"regex"}]},{"id":"cat-c-gc-3-0024","docId":"cat-c-gc-3","idx":24,"n":24,"text":"24. At the procedural level, States parties shall ensure the existence of institutions competent to render enforceable final decisions through a procedure established by law to enable victims of torture or ill-treatment to secure redress, including adequate compensation and rehabilitation.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"]},{"id":"cat-c-gc-3-0025","docId":"cat-c-gc-3","idx":25,"n":25,"text":"25. Securing the victim’s right to redress requires that a State party’s competent authorities promptly, effectively and impartially investigate and examine the case of any individual who alleges that she or he has been subjected to torture or ill-treatment. Such an investigation should include as a standard measure an independent physical and psychological forensic examination as provided for in the Istanbul Protocol. Undue delays in initiating or concluding legal investigations into complaints of torture or ill-treatment compromise victims’ rights under article 14 to obtain redress, including fair and adequate compensation and the means for as full rehabilitation as possible.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0026","docId":"cat-c-gc-3","idx":26,"n":26,"text":"26. Notwithstanding the evidentiary benefits to victims afforded by a criminal investigation, a civil proceeding and the victim’s claim for reparation should not be dependent on the conclusion of a criminal proceeding. The Committee considers that compensation should not be unduly delayed until criminal liability has been established. Civil liability should be available independently of criminal proceedings and the necessary legislation and institutions for such purpose should be in place. If criminal proceedings are required by domestic legislation to take place before civil compensation can be sought, then the absence of or undue delay in those criminal proceedings constitutes a failure on the part of the State party to fulfil its obligations under the Convention. Disciplinary action alone shall not be regarded as an effective remedy within the meaning of article 14.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0027","docId":"cat-c-gc-3","idx":27,"n":27,"text":"27. Under article 14, a State party shall ensure that victims of any act of torture or ill-treatment under its jurisdiction obtain redress. States parties have an obligation to take all necessary and effective measures to ensure that all victims of such acts obtain redress. This obligation includes an obligation for State parties to promptly initiate a process to ensure that victims obtain redress, even in the absence of a complaint, when there are reasonable grounds to believe that torture or ill-treatment has taken place.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0028","docId":"cat-c-gc-3","idx":28,"n":28,"text":"28. The Committee strongly encourages States parties to recognize the Committee’s competence to consider individual complaints under article 22 to allow victims to submit communications and seek the views of the Committee. The Committee furthermore encourages States parties to ratify or accede to the Optional Protocol to the Convention against Torture in order to strengthen preventive measures against torture and ill-treatment.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"],"citedArticles":[{"article":"22","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text: 'recognize the Committee's competence to consider individual complaints under article 22' — CAT GC by CAT committee; art. 22 = individual complaints procedure under CAT."}]},{"id":"cat-c-gc-3-0029","docId":"cat-c-gc-3","idx":29,"n":29,"text":"29. The Committee highlights the importance of the State party affirmatively ensuring that victims and their families are adequately informed of their right to pursue redress. In this regard, the procedures for seeking reparation should be transparent. The State party should moreover provide assistance and support to minimize the hardship to complainants and their representatives. Civil proceedings, or other proceedings, should not impose a financial burden upon victims that would prevent or discourage them from seeking redress. Where existing civil proceedings are unable to provide adequate redress to victims, the Committee recommends implementing mechanisms that are readily accessible to victims of torture and ill-treatment, including the establishment of a national fund to provide redress for victims of torture. Special measures should be adopted to ensure access by persons belonging to groups which have been marginalized or made vulnerable.","labels":["Persons with disabilities"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0030","docId":"cat-c-gc-3","idx":30,"n":30,"text":"30. Judicial remedies must always be available to victims, irrespective of what other remedies may be available, and should enable victim participation. States parties should provide adequate legal aid to those victims of torture or ill-treatment lacking the necessary resources to bring complaints and to make claims for redress. States parties shall also make readily available to the victims all evidence concerning acts of torture or ill-treatment upon the request of victims, their legal counsel, or a judge. A State party’s failure to provide evidence and information, such as records of medical evaluations or treatment, can unduly impair victims’ ability to lodge complaints and to seek redress, compensation and rehabilitation.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0031","docId":"cat-c-gc-3","idx":31,"n":31,"text":"31. The State party should also take measures to prevent interference with victims’ privacy and to protect victims, their families and witnesses and others who have intervened on their behalf against intimidation and retaliation at all times before, during and after judicial, administrative or other proceedings that affect the interests of victims. Failure to provide protection stands in the way of victims filing complaints and thereby violates the right to seek and obtain redress and remedy.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0032","docId":"cat-c-gc-3","idx":32,"n":32,"text":"32. The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. States parties shall ensure that access to justice and to mechanisms for seeking and obtaining redress are readily available and that positive measures ensure that redress is equally accessible to all persons regardless of race, colour, ethnicity, age, religious belief or affiliation, political or other opinion, national or social origin, gender, sexual orientation, gender identity, mental or other disability, health status, economic or indigenous status, reason for which the person is detained, including persons accused of political offences or terrorist acts, asylum-seekers, refugees or others under international protection, or any other status or adverse distinction, and including those marginalized or made vulnerable on bases such as those above. Culturally sensitive collective reparation measures shall be available for groups with shared identity, such as minority groups, indigenous groups, and others. The Committee notes that collective measures do not exclude the individual right to redress.","labels":["Refugees & asylum-seekers","Indigenous peoples","Women/girls"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0033","docId":"cat-c-gc-3","idx":33,"n":33,"text":"33. Judicial and non-judicial proceedings shall apply gender-sensitive procedures which avoid re-victimization and stigmatization of victims of torture or ill-treatment. With respect to sexual or gender-based violence and access to due process and an impartial judiciary, the Committee emphasizes that in any proceedings, civil or criminal, to determine the victim’s right to redress, including compensation, rules of evidence and procedure in relation to gender-based violence must afford equal weight to the testimony of women and girls, as should be the case for all other victims, and prevent the introduction of discriminatory evidence and harassment of victims and witnesses. The Committee considers that complaints mechanisms and investigations require specific positive measures which take into account gender aspects in order to ensure that victims of abuses such as sexual violence and abuse, rape, marital rape, domestic violence, female genital mutilation and trafficking are able to come forward and seek and obtain redress.","labels":["Women/girls"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0034","docId":"cat-c-gc-3","idx":34,"n":34,"text":"34. To avoid re-victimization and stigmatization of victims of torture or ill-treatment, the protections outlined in the preceding paragraph equally apply to any person marginalized or made vulnerable on the basis of identities and groups such as those examples listed under the principle of non-discrimination in paragraph 32. In judicial and non-judicial proceedings sensitivity must be exercised toward any such person. Accordingly, the Committee notes that judicial personnel must receive specific training on the various impacts of torture and ill-treatment, including those on victims from marginalized and vulnerable groups, and on how to exercise sensitivity towards victims of torture and ill-treatment, including in the form of sexual or gender-based discrimination, in order to prevent re-victimization and stigmatization.","labels":["Women/girls"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0035","docId":"cat-c-gc-3","idx":35,"n":35,"text":"35. The Committee considers the training of relevant police, prison staff, medical personnel, judicial personnel and immigration personnel, including training on the Istanbul Protocol, to be fundamental to ensuring effective investigations. Furthermore, officials and personnel involved in efforts to obtain redress should receive methodological training in order to prevent re-traumatization of victims of torture or ill-treatment. This training should include, for health and medical personnel, the need to inform victims of gender-based and sexual violence and all other forms of discrimination of the availability of emergency medical procedures, both physical and psychological. The Committee also urges States parties to establish human rights offices within police forces, and units of officers specifically trained to handle cases of gender-based and sexual violence, including sexual violence perpetrated against men and boys, and violence against children and ethnic, religious, national or other minorities and other marginalized or vulnerable groups.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0036","docId":"cat-c-gc-3","idx":36,"n":36,"text":"36. The Committee furthermore underlines the importance of appropriate procedures being made available to address the needs of children, taking into account the best interests of the child and the child’s right to express his or her views freely in all matters affecting him or her, including judicial and administrative proceedings, and of the views of the child being given due weight in accordance with the age and maturity of the child. States parties should ensure the availability of child-sensitive measures for reparation which foster the health and dignity of the child.","labels":["Children"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0037","docId":"cat-c-gc-3","idx":37,"n":37,"text":"37. A crucial component of the right to redress is the clear acknowledgement by the State party concerned that the reparative measures provided or awarded to a victim are for violations of the Convention, by action or omission. The Committee is therefore of the view that a State party may not implement development measures or provide humanitarian assistance as a substitute for redress for victims of torture or ill-treatment. The failure of a State party to provide the individual victim of torture with redress may not be justified by invoking a State’s level of development. The Committee recalls that subsequent governments as well as successor States still have the obligation to guarantee access to the right of redress.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"]},{"id":"cat-c-gc-3-0038","docId":"cat-c-gc-3","idx":38,"n":38,"text":"38. States parties to the Convention have an obligation to ensure that the right to redress is effective. Specific obstacles that impede the enjoyment of the right to redress and prevent effective implementation of article 14 include, but are not limited to: inadequate national legislation, discrimination with regard to accessing complaints and investigation mechanisms and procedures for remedy and redress; inadequate measures for securing the custody of alleged perpetrators, State secrecy laws, evidential burdens and procedural requirements that interfere with the determination of the right to redress; statutes of limitations, amnesties and immunities; the failure to provide sufficient legal aid and protection measures for victims and witnesses; as well as the associated stigma, and the physical, psychological and other related effects of torture and ill-treatment. In addition, the failure of a State party to execute judgements providing reparative measures for a victim of torture, handed down by national, international or regional courts, constitutes a significant impediment to the right to redress. States parties should develop coordinated mechanisms to enable victims to execute judgements across State lines, including recognizing the validity of court orders from other States parties and assisting in locating the assets of perpetrators.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0039","docId":"cat-c-gc-3","idx":39,"n":39,"text":"39. With regard to the obligations in article 14, States parties shall ensure both de jure and de facto access to timely and effective redress mechanisms for members of groups marginalized and/or made vulnerable, avoid measures that impede the ability of members of such groups to seek and obtain redress, and address formal or informal obstacles that they may face in obtaining redress. These may include, for example, inadequate judicial or other procedures for quantifying damages which may have a negative disparate impact on such individuals in accessing or keeping money. As the Committee has emphasized in its general comment No. 2, “gender is a key factor. Being female intersects with other identifying characteristics or status of the person…to determine the ways that women and girls are subject to or at risk of torture or ill-treatment”. States parties shall ensure due attention to gender in providing all the elements cited above in the process of ensuring that everybody, in particular members of groups made vulnerable, including lesbian, gay, bisexual and transgender (LGBT) people, must be treated fairly and equally and obtain fair and adequate compensation, rehabilitation and other reparative measures which respond to their specific needs.","labels":["Women/girls","Children","LGBTI+"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0040","docId":"cat-c-gc-3","idx":40,"n":40,"text":"40. On account of the continuous nature of the effects of torture, statutes of limitations should not be applicable as these deprive victims of the redress, compensation, and rehabilitation due to them. For many victims, passage of time does not attenuate the harm and in some cases the harm may increase as a result of post-traumatic stress that requires medical, psychological and social support, which is often inaccessible to those who have not received redress. States parties shall ensure that all victims of torture or ill-treatment, regardless of when the violation occurred or whether it was carried out by or with the acquiescence of a former regime, are able to access their rights to remedy and to obtain redress.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"]},{"id":"cat-c-gc-3-0041","docId":"cat-c-gc-3","idx":41,"n":41,"text":"41. The Committee has consistently held that amnesties for the crime of torture are incompatible with the obligations of States parties under the Convention, including under article 14. As was pointed out in general comment No. 2, “amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.” The Committee considers that amnesties for torture and ill-treatment pose impermissible obstacles to a victim in his or her efforts to obtain redress and contribute to a climate of impunity. The Committee therefore calls on States parties to remove any amnesties for torture or ill-treatment.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0042","docId":"cat-c-gc-3","idx":42,"n":42,"text":"42. Similarly, granting immunity, in violation of international law, to any State or its agents or to non-State actors for torture or ill-treatment, is in direct conflict with the obligation of providing redress to victims. When impunity is allowed by law or exists de facto, it bars victims from seeking full redress as it allows the violators to go unpunished and denies victims full assurance of their rights under article 14. The Committee affirms that under no circumstances may arguments of national security be used to deny redress for victims.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0043","docId":"cat-c-gc-3","idx":43,"n":43,"text":"43. The Committee considers reservations which seek to limit the application of article 14 to be incompatible with the object and purpose of the Convention. States parties are therefore encouraged to consider withdrawing any reservations to article 14 that limit its application so as to ensure that all victims of torture or ill-treatment have access to redress and remedy.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0044","docId":"cat-c-gc-3","idx":44,"n":44,"text":"44. Voluntary contributions to international funds for victims of torture play an important role in providing assistance to them. The Committee highlights the important work done by the United Nations Voluntary Fund for Victims of Torture, which provides humanitarian assistance to victims of torture. The Committee highlights also the possibility for States parties to make voluntary contributions to this fund, irrespective of the national measures taken or contributions made.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["United Nations Voluntary Fund for Victims of Torture"]},{"id":"cat-c-gc-3-0045","docId":"cat-c-gc-3","idx":45,"n":45,"text":"45. States parties shall establish a system to oversee, monitor, evaluate, and report on their provision of redress measures and necessary rehabilitation services to victims of torture or ill-treatment. Accordingly, States parties should include in their reports to the Committee data disaggregated by age, gender, nationality, and other key factors regarding redress measures afforded to victims of torture or ill-treatment, in order to meet their obligation as recalled in general comment No. 2 to provide continual evaluation of their efforts to provide redress to victims.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Monitoring and reporting"]},{"id":"cat-c-gc-3-0046","docId":"cat-c-gc-3","idx":46,"n":46,"text":"On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties’ reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following: (a) The number of victims of torture or ill-treatment who have sought compensation through legal, administrative and other means and the nature of the violations alleged; the number of victims who have been awarded compensation; and in what amounts; (b) The measures taken to assist victims in the direct aftermath of torture; (c) The rehabilitation facilities available to victims of torture or ill-treatment and the accessibility thereof, as well as the budget allocation for rehabilitation programmes and the number of victims who have received rehabilitative services appropriate to their needs; (d) The methods available for assessing the effectiveness of rehabilitation programmes and services, including the application of appropriate indicators and benchmarks, and the result of such assessment; (e) The measures taken to ensure satisfaction and guarantees of non-repetition; (f) The domestic legislation which provides victims of torture or ill-treatment with the right to remedy and redress, and relevant implementation measures taken by the State party. Where such legislation is lacking, reports should include information on the measures taken by the State party to adopt and implement such legislation. (g) The measures taken to ensure that all victims of torture or ill-treatment are able to exercise and enjoy their rights under article 14. (h) The complaints mechanisms available for victims of torture or ill-treatment, including how such mechanisms are made known and accessible to all victims. States parties should also include data disaggregated by age, gender, nationality, location and alleged violation, on the number of complaints received through such mechanisms. (i) The measures taken by States parties to ensure that all allegations of torture and ill-treatment are effectively investigated. (j) The legislation and policy measures designed to positively identify victims of torture in order to provide them with redress. (k) The available avenues for a victim of torture or ill-treatment to obtain redress, including all criminal, civil, administrative and non-judicial procedures, such as administrative reparation programmes, as well as information on the number of victims who have accessed such mechanisms, how many obtained redress and reparative measures, and in what forms and/or amounts. (l) The legal aid and witness protection available to victims of torture or ill-treatment as well as witnesses and others who have intervened on behalf of victims, including how such protection is made known and how it is made available in practice; the number of victims who have been granted legal aid; the number of persons who have been protected by State witness protection; and the State party’s evaluation of the effectiveness of such protection. (m) The steps taken to implement judgements by national, regional or international courts, including the amount of time lapsed from the date of the judgement and the actual provision of compensation or other forms of redress. States parties should also include disaggregated data on the number of victims designated to receive reparative measures in court judgements and the number who actually received redress, and for what violations. (n) The safeguards available for the special protection of members of marginalized or vulnerable groups, including women and children seeking to exercise their rights guaranteed under article 14 of the Convention. (o) Any such other matters that the Committee may require.","labels":["Women/girls","Children"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Monitoring and reporting"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-4-0001","docId":"cat-c-gc-4","idx":1,"n":1,"text":"1. On the basis of its experience in considering individual communications under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, addressing allegations of violation by States parties of article 3 of the Convention, the Committee against Torture, at its fifty-fifth to fifty-eighth sessions, in 2015 and 2016, discussed and agreed to revise its general comment No. 1 (1997), entitled “General comment on the implementation of article 3 of the Convention in the context of article 22”, adopted at its nineteenth session (see A/53/44 and A/53/44/Corr.1, annex IX).","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["I. Introduction"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0002","docId":"cat-c-gc-4","idx":2,"n":2,"text":"2. At its fifty-ninth session, held from 7 November to 7 December 2016, the Committee began the drafting process for the revised general comment, taking into account the recommendations for the consultation process in the elaboration of general comments made by the Chairs of the human rights treaty bodies at their twenty-seventh meeting, held in San José from 22 to 26 June 2015 (see A/70/302, para. 91).","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["I. Introduction"]},{"id":"cat-c-gc-4-0003","docId":"cat-c-gc-4","idx":3,"n":3,"text":"3. At the 1614th meeting of the Committee, held on 6 December 2017 during its sixty-second session, the Committee decided that its general comment No. 1 would be superseded by the below text, which it adopted on the same date.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["I. Introduction"]},{"id":"cat-c-gc-4-0004","docId":"cat-c-gc-4","idx":4,"n":4,"text":"4. For the purposes of the present general comment, the term “deportation” includes, but is not limited to, expulsion, extradition, forcible return, forcible transfer, rendition and rejection at the frontier of, and pushback operations (including at sea) involving, a person or group of individuals from a State party to another State.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["I. Introduction"]},{"id":"cat-c-gc-4-0005","docId":"cat-c-gc-4","idx":5,"n":5,"text":"5. Article 3 (1) of the Convention provides that no State party shall expel, return (refouler) or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture.[[fn:1]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":1,"text":"Article 3 must be interpreted with reference to the definition of torture set out in article 1 of the Convention; see G.R.B. v. Sweden (CAT/C/20/D/83/1997), para. 6.5."}],"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"3","paragraph":"1","source":"regex"}]},{"id":"cat-c-gc-4-0006","docId":"cat-c-gc-4","idx":6,"n":6,"text":"6. Pursuant to article 22 of the Convention, the Committee receives and considers communications from or on behalf of individuals subject to a State party’s jurisdiction who claim to be victims of a violation by a State party of the provisions of the Convention, in respect of any State party that has declared that it recognizes the Committee’s competence in that regard.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0007","docId":"cat-c-gc-4","idx":7,"n":7,"text":"7. Most of the communications received by the Committee refer to alleged violations by States parties of article 3 of the Convention. The present general comment provides guidance to States parties and the complainants and their representatives on the scope of article 3 and on how the Committee assesses the admissibility and the merits of the individual communications submitted to the Committee for its consideration.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0008","docId":"cat-c-gc-4","idx":8,"n":8,"text":"8. The Committee recalls that the prohibition of torture, as defined in article 1 of the Convention, is absolute. Article 2 (2) of the Convention provides that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture”. The Committee further recalls that other acts of ill-treatment are equally prohibited and that the prohibition of ill-treatment is likewise non-derogable.[[fn:2]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":2,"text":"See general comment No. 2 (2007) on the implementation of article 2, paras. 3, 6, 19 and 25."}],"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"2","paragraph":"2","source":"regex"}]},{"id":"cat-c-gc-4-0009","docId":"cat-c-gc-4","idx":9,"n":9,"text":"9. The principle of “non-refoulement” of persons to another State where there are substantial grounds for believing that they would be in danger of being subjected to torture is similarly absolute.[[fn:3]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":3,"text":"See Tapia Páez v. Sweden (CAT/C/18/D/39/1996), para. 14.5; Núñez Chipana v. Venezuela (CAT/C/21/D/110/1998), para. 5.6; Agiza v. Sweden (CAT/C/34/D/233/2003), para. 13.8; Singh Sogi v. Canada (CAT/C/39/D/297/2006), para. 10.2; Abdussamatov and others v. Kazakhstan (CAT/C/48/D/444/2010), para. 13.7; and Nasirov v. Kazakhstan (CAT/C/52/D/475/2011), para. 11.6."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0010","docId":"cat-c-gc-4","idx":10,"n":10,"text":"10. Each State party must apply the principle of non-refoulement in any territory under its jurisdiction or any area under its control or authority, or on board a ship or aircraft registered in the State party, to any person, including persons requesting or in need of international protection, without any form of discrimination and regardless of the nationality or statelessness or the legal, administrative or judicial status of the person concerned under ordinary or emergency law. As the Committee noted in paragraph 7 of its general comment No. 2, the concept of “any territory under its jurisdiction” includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of a State party.[[fn:4]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":4,"text":"See also general comment No. 2 (2007), para. 16."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0011","docId":"cat-c-gc-4","idx":11,"n":11,"text":"11. The non-refoulement obligation in article 3 of the Convention exists whenever there are “substantial grounds”[[fn:5]] for believing that the person concerned would be in danger of being subjected to torture in a State to which the person is facing deportation, either as an individual or as a member of a group that may be at risk of being tortured in the State of destination. The Committee’s practice has been to determine that “substantial grounds” exist whenever the risk of torture is “foreseeable, personal, present and real”.[[fn:6]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":5,"text":"See, for example, Tapia Páez v. Sweden, para. 14.5."},{"n":6,"text":"See, for example, Dadar v. Canada (CAT/C/35/D/258/2004), para. 8.4; T.A. v. Sweden (CAT/C/34/D/226/2003), para. 7.2; N.S. v. Switzerland (CAT/C/44/D/356/2008), para. 7.3; and Subakaran R. Thirugnanasampanthar v. Australia (CAT/C/61/D/614/2014), para. 8.3."}],"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0012","docId":"cat-c-gc-4","idx":12,"n":12,"text":"12. Any person found to be at risk of torture if deported to a given State should be allowed to remain in the territory under the jurisdiction, control or authority of the State party concerned so long as the risk persists.[[fn:7]] The person in question should not be detained without proper legal justification and safeguards. Detention should always be an exceptional measure based on an individual assessment[[fn:8]] and subject to regular review.[[fn:9]] Furthermore, the person at risk should never be deported to another State from which the person may subsequently face deportation to a third State in which there are substantial grounds for believing that the person would be in danger of being subjected to torture.[[fn:10]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":7,"text":"See, for example, Aemei v. Switzerland (CAT/C/18/D/34/1995), para. 11."},{"n":8,"text":"See, for example, concluding observations on the fourth periodic report of Turkey (CAT/C/TUR/CO/4), para. 26."},{"n":9,"text":"See, for example, concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland (CAT/C/GBR/CO/5), para. 30; and concluding observations on the combined sixth and seventh periodic reports of Sweden (CAT/C/SWE/CO/6-7), para. 10."},{"n":10,"text":"See, for example, general comment No. 1 (1997) on the implementation of article 3, para. 2; Avedes Hamayak Korban v. Sweden (CAT/C/21/D/88/1997), para. 7; and Z.T. v. Australia (CAT/C/31/D/153/2000), para. 6.4; concluding observations on the combined fifth and sixth periodic reports of Greece (CAT/C/GRC/CO/5-6), para. 19; and concluding observations on the second periodic report of Serbia (CAT/C/SRB/CO/2), para. 15."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0013","docId":"cat-c-gc-4","idx":13,"n":13,"text":"13. Each case should be examined individually, impartially and independently by the State party through competent administrative and/or judicial authorities,[[fn:11]] in conformity with essential procedural safeguards, notably the guarantee of a prompt and transparent process, a review of the deportation decision and a suspensive effect of the appeal.[[fn:12]] In each case, the person concerned should be informed of the intended deportation in a timely manner. Collective deportation,[[fn:13]] without an objective examination of the individual cases with regard to personal risk, should be considered as a violation of the principle of non-refoulement.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":11,"text":"See, for example, Agiza v. Sweden, para. 13.8."},{"n":12,"text":"See, for example, concluding observations on the combined fifth and sixth periodic reports of Greece (CAT/C/GRC/CO/5-6), para. 19; and concluding observations on the combined fifth and sixth periodic reports of Italy (CAT/C/ITA/CO/5-6), para. 21 (c)."},{"n":13,"text":"See, for example, Kwami Mopongo and others v. Morocco (CAT/C/53/D/321/2007), paras. 6.2–6.3 and 11.3–11.4; Human Rights Committee, general comment No. 15 (1986) on the position of aliens under the International Covenant on Civil and Political Rights, para. 10; and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 22 (1)."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0014","docId":"cat-c-gc-4","idx":14,"n":14,"text":"14. States parties should not adopt dissuasive measures or policies, such as detention in poor conditions for indefinite periods, refusing to process claims for asylum or prolonging them unduly, or cutting funds for assistance programmes for asylum seekers, which would compel persons in need of protection under article 3 of the Convention to return to their country of origin in spite of their personal risk of being subjected to torture or other cruel, inhuman or degrading treatment or punishment there.[[fn:14]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":14,"text":"See, for example, concluding observations on the combined fifth and sixth periodic reports of Greece (CAT/C/GRC/CO/5-6), para. 19."}],"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0015","docId":"cat-c-gc-4","idx":15,"n":15,"text":"15. Article 16 of the Convention provides for the duty of States parties to prevent acts of cruel, inhuman or degrading treatment or punishment (ill-treatment), which do not amount to torture as defined in article 1 of the Convention.[[fn:15]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":15,"text":"See general comment No. 2 (2007), paras. 3 and 6."}],"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"16","source":"regex"},{"treaty":"CAT","article":"1","source":"regex"}]},{"id":"cat-c-gc-4-0016","docId":"cat-c-gc-4","idx":16,"n":16,"text":"16. States parties should consider whether the nature of the other forms of ill-treatment that a person facing deportation is at risk of experiencing could likely change so as to constitute torture, before making an assessment on each case relating to the principle of “non-refoulement”.[[fn:16]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":16,"text":"Other international provisions directly relevant to the application of the principle of non-refoulement in cases of risk of ill-treatment are listed in paragraph 26 below."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0017","docId":"cat-c-gc-4","idx":17,"n":17,"text":"17. The Committee considers that severe pain or suffering cannot always be assessed objectively. It depends on the negative physical and/or mental repercussions that the infliction of violent or abusive acts has on each individual, taking into account all relevant circumstances of each case, including the nature of the treatment, the sex, age and state of health and vulnerability of the victim and any other status or factors.[[fn:17]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":17,"text":"See general comment No. 2 (2007), para. 21."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0018","docId":"cat-c-gc-4","idx":18,"n":18,"text":"For the purpose of fully implementing article 3 of the Convention, States parties should take legislative, administrative, judicial and other preventive measures against possible violations of the principle of “non-refoulement”, including: (a)Ensuring the right of each person concerned to have the case examined individually and not collectively and to be fully informed of the reasons why the person is the subject of a procedure that may lead to a decision of deportation and of the rights legally available to appeal such a decision;[[fn:20]] (b)Providing the person concerned with access to a lawyer,[[fn:21]] to free legal aid, when necessary, and to representatives of relevant international organizations of protection;[[fn:22]] (c)Developing an administrative or judicial procedure concerning the person in question in a language that the person understands or with the assistance of interpreters and translators;[[fn:23]] (d)Referring the person alleging previous torture to an independent medical examination free of charge, in accordance with the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol);[[fn:24]] (e)Ensuring the right of appeal by the person concerned against a deportation order to an independent administrative and/or judicial body within a reasonable period of time from the notification of that order and with the suspensive effect of the appeal on the enforcement of the order;[[fn:25]] (f)Providing effective training for all officials who deal with persons under deportation procedures on respect for the provisions of article 3 of the Convention, in order to avoid decisions contrary to the principle of non-refoulement;[[fn:26]] (g)Providing effective training for medical and other personnel dealing with detainees, migrants and asylum seekers in identifying and documenting signs of torture, taking into account the Istanbul Protocol.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[],"section":["III. Preventive measures to guarantee the principle of non-refoulement"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0019","docId":"cat-c-gc-4","idx":19,"n":19,"text":"19. The term “diplomatic assurances” as used in the context of the transfer of a person from one State to another, refers to a formal commitment by the receiving State to the effect that the person concerned will be treated in accordance with conditions set by the sending State and in accordance with international human rights standards.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["IV. Diplomatic assurances"]},{"id":"cat-c-gc-4-0020","docId":"cat-c-gc-4","idx":20,"n":20,"text":"20. The Committee considers that diplomatic assurances from a State party to the Convention to which a person is to be deported should not be used as a loophole to undermine the principle of non-refoulement as set out in article 3 of the Convention, where there are substantial grounds for believing that the person would be in danger of being subjected to torture in that State.[[fn:26]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":26,"text":"See Agiza v. Sweden, para. 13.4; Tursunov v. Kazakhstan (CAT/C/54/D/538/2013), para. 9.10; and H.Y. v. Switzerland (CAT/C/61/D/747/2016), para. 10.7. See also concluding observations on the combined third to fifth periodic reports of the United States of America (CAT/C/USA/CO/3-5), para. 16; concluding observations on the fourth periodic report of Morocco (CAT/C/MAR/CO/4), para. 9; concluding observations on the fifth periodic report of Germany (CAT/C/DEU/CO/5), para. 25; and concluding observations on the second periodic report of Albania (CAT/C/ALB/CO/2), para. 19."}],"section":["IV. Diplomatic assurances"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0021","docId":"cat-c-gc-4","idx":21,"n":21,"text":"21. The Committee recalls that it considers the term “redress” in article 14 of the Convention as encompassing the concepts of “effective remedy” and “reparation”. The comprehensive reparative concept therefore entails restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition and refers to the full scope of measures required to redress violations under the Convention.[[fn:27]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":27,"text":"See general comment No. 3 (2012) on the implementation of article 14, para. 2."}],"section":["V. Redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-4-0022","docId":"cat-c-gc-4","idx":22,"n":22,"text":"22. States parties should recognize that victims of torture or other cruel, inhuman or degrading treatment or punishment suffer physical and psychological harm that may require sustained availability of and access to specialized rehabilitation services. Once such a state of health and the need for treatment have been medically certified, they should not be removed to a State where adequate medical services for their rehabilitation are not available or guaranteed.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["V. Redress"]},{"id":"cat-c-gc-4-0023","docId":"cat-c-gc-4","idx":23,"n":23,"text":"23. States parties may find that a conflict arises between the obligations they have undertaken under article 3 of the Convention and the obligations they have undertaken under a multilateral or bilateral extradition treaty, especially when the treaty was concluded before the ratification of the Convention with a State which is not a party to the Convention and, therefore, when not yet bound by the provisions of article 3. In this case, the relevant extradition treaty should be applied in accordance with the principle of non-refoulement.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["VI. Article 3 of the Convention and extradition treaties"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0024","docId":"cat-c-gc-4","idx":24,"n":24,"text":"24. The Committee acknowledges that the time frame for extradition of a person for the purpose of criminal prosecution or serving a sentence, who has submitted a communication under article 22 of the Convention invoking the principle of “non-refoulement”, is a crucial factor for the respect by the State of its obligations under both the Convention and an extradition treaty to which it is a party. The Committee, therefore, requests that, should a State party encounter such a situation, it inform the Committee about any possible conflict between its obligations under the Convention and those under an extradition treaty from the beginning of the individual complaint procedure in which the State party is involved so that the Committee may try to give priority to the consideration of that communication before the time limit for the obligatory extradition is reached. The State party concerned, however, should recognize that the Committee can give priority to the consideration of and a decision on such a communication only during its sessions.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["VI. Article 3 of the Convention and extradition treaties"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0025","docId":"cat-c-gc-4","idx":25,"n":25,"text":"25. Furthermore, those States parties to the Convention that subsequently consider the conclusion of or adherence to an extradition treaty should ensure that there is no conflict between the Convention and that treaty and, if there is, include in the notification of adherence to the extradition treaty the clause that, in case of conflict, the Convention will prevail.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["VI. Article 3 of the Convention and extradition treaties"]},{"id":"cat-c-gc-4-0026","docId":"cat-c-gc-4","idx":26,"n":26,"text":"26. Article 3 of the Convention, which provides protection against the removal of a person in danger of being subjected to torture in the State to which the person would be deported, should be without prejudice to article 16 (2) of the Convention, in particular where a person to be removed would enjoy additional protection, under international instruments or national law, not to be deported to a State where the person would face the risk of cruel, inhuman or degrading treatment or punishment.[[fn:28]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":28,"text":"Examples of other international provisions directly relevant to the application of the principle of “non-refoulement” in cases of risk of torture and other ill-treatment for a person in the country to which the person is being deported may be found by States parties to the Convention that are also parties to other relevant treaties in the following instruments: (a) International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (art. 56 (3)); (b) International Convention for the Protection of All Persons from Enforced Disappearance (art. 16 (1)); (c) Convention relating to the Status of Refugees (art. 33 (1)); (d) Charter of Fundamental Rights of the European Union (art. 19 (2)); (e) Inter-American Convention to Prevent and Punish Torture (final paragraph of article 13); (f) American Convention on Human Rights (art. 22 (8) and (9)); (g) African Charter on Human and Peoples’ Rights (art. 12 (3)); (h) Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa (arts. II (3) and V (1))."}],"section":["VII. Relationship between article 3 and article 16 of the Convention"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"16","paragraph":"2","source":"regex"}]},{"id":"cat-c-gc-4-0027","docId":"cat-c-gc-4","idx":27,"n":27,"text":"27. Article 3 (2) of the Convention provides that for the purpose of determining whether there are grounds for believing that a person would be in danger of being subjected to torture, if expelled, returned or extradited, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.[[fn:29]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":29,"text":"See, for example, G.R.B v. Sweden, para. 6.3; H.M.H.I. v. Australia (CAT/C/28/D/177/2001), para. 6.5; S.P.A. v. Canada (CAT/C/37/D/282/2005), para. 7.1; T.I. v. Canada (CAT/C/45/D/333/2007), para. 7.3; A.M.A. v. Switzerland (CAT/C/45/D/344/2008), para. 7.2; and E.K.W. v. Finland (CAT/C/54/D/490/2012), paras. 9.3 and 9.7."}],"section":["VIII. Duties of States parties to consider specific human rights situations in which the principle of non-refoulement applies"],"citedArticles":[{"treaty":"CAT","article":"3","paragraph":"2","source":"regex"}]},{"id":"cat-c-gc-4-0028","docId":"cat-c-gc-4","idx":28,"n":28,"text":"28. In this regard, the Committee observes that the infliction of cruel, inhuman or degrading treatment or punishment, whether or not it amounts to torture, to which an individual or the individual’s family were exposed in their State of origin or would be exposed in the State to which the individual is being deported, constitutes an indication that the person is in danger of being subjected to torture if deported to one of those States. Such an indication should be taken into account by States parties as a basic element justifying the application of the principle of non-refoulement.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["VIII. Duties of States parties to consider specific human rights situations in which the principle of non-refoulement applies"]},{"id":"cat-c-gc-4-0029","docId":"cat-c-gc-4","idx":29,"n":29,"text":"In this connection, the Committee wishes to draw the attention of the States parties to some non-exhaustive examples of human rights situations that may constitute an indication of risk of torture, to which they should give consideration in their decisions on the removal of a person from their territory and take into account when applying the principle of “non-refoulement”. States parties should consider, in particular: (a)Whether the person concerned had previously been arrested arbitrarily in the person’s State of origin without a warrant and/or has been denied fundamental guarantees for a detainee in police custody, such as:[[fn:30]] (i)Notification of the reasons of the person’s arrest in writing and in a language that the person understands;[[fn:31]] (ii)Access to a family member or a person of the concerned individual’s choice for informing them of the arrest;[[fn:32]] (iii)Access to a lawyer free of charge when necessary and, upon request, access to a lawyer of the person’s choice at the person’s own expense for the person’s defence;[[fn:33]] (iv)Access to an independent medical doctor for an examination and treatment of the person’s health or, for this purpose, to a medical doctor of the person’s choice at the person’s own expense;[[fn:34]] (v)Access to an independent specialized medical entity to certify the person’s allegations of having been subjected to torture;[[fn:35]] (vi)Access to a competent and independent judicial institution that is empowered to judge the person’s claims for the treatment in detention within the time frame set by law or within a reasonable time frame to be assessed for each particular case;[[fn:36]] (b)Whether the person has been a victim of brutality or excessive use of force by public officials on the basis of any form of discrimination in the State of origin or would be exposed to such brutality in the State to which the person is being deported;[[fn:37]] (c)Whether, in the State of origin or in the State to which the person is being deported, the person has been or would be a victim of violence, including gender-based or sexual violence, in public or in private, gender-based persecution or genital mutilation, amounting to torture, without the intervention of the competent authorities of the State concerned for the protection of the victim;[[fn:38]] (d)Whether the person has been judged in the State of origin or would be judged in the State to which the person is being deported in a judicial system that does not guarantee the right to a fair trial;[[fn:39]] (e)Whether the person concerned has previously been detained or imprisoned in the State of origin or would be detained or imprisoned, if deported to a State, in conditions amounting to torture or cruel, inhuman or degrading treatment or punishment;[[fn:40]] (f)Whether the person concerned would be exposed to sentences of corporal punishment if deported to a State in which, although corporal punishment is permitted by national law, that punishment would amount to torture or cruel, inhuman or degrading treatment or punishment according to customary international law and the jurisprudence of the Committee and of other recognized international and regional mechanisms for the protection of human rights;[[fn:41]] (g)Whether the person concerned would be deported to a State in which there are credible allegations or evidence of crimes of genocide, crimes against humanity or war crimes within the meaning of articles 6, 7 and 8 of the Rome Statute of the International Criminal Court that have been submitted to the Court for its consideration;[[fn:42]] (h)Whether the person concerned would be deported to a State party to the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto where there are allegations or evidence of its violation of common article 3 of the four Geneva Conventions of 12 August 1949 and/or article 4 of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts (Protocol II),[[fn:43]] and, in particular, of: (i) article 3 (1) (a) of the four Geneva Conventions;[[fn:44]] and (ii) article 4 (1) and (2) of Protocol II;[[fn:45]] (i)Whether the person concerned would be deported to a State where there are allegations or evidence of its violation of article 12 of the Geneva Convention relative to the Treatment of Prisoners of War (Third Geneva Convention);[[fn:46]] (j)Whether the person concerned would be deported to a State where there are allegations or evidence of its violation of articles 32 or 45 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention);[[fn:47]] or article 75 (2) of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Additional Protocol I);[[fn:48]] (k)Whether the person concerned would be deported to a State where the inherent right to life is denied, including the exposure of the person to extrajudicial killings or enforced disappearance, or where the death penalty is in force[[fn:49]] and considered as a form of torture or cruel, inhuman or degrading treatment or punishment by the deporting State party, in particular: (i)If the latter has abolished the death penalty or established a moratorium on its execution;[[fn:50]] (ii)Where the death penalty would be imposed for crimes that are not considered by the deporting State party as the most serious crimes;[[fn:51]] (iii)Where the death penalty is carried out for crimes committed by persons below the age of 18 years[[fn:52]] or on pregnant women, nursing mothers or persons who have a severe mental disability; (l)The State party concerned should also evaluate whether the circumstances and the methods of execution of the death penalty and the prolonged period and conditions of the person on death row[[fn:53]] could amount to torture or cruel, inhuman or degrading treatment or punishment for the purpose of applying the principle of “non-refoulement”;[[fn:54]] (m)Whether the person concerned would be deported to a State where reprisals amounting to torture have been or would be committed against the person, members of the person’s family or witnesses of the person’s arrest and detention, such as violent and terrorist acts against them, the disappearance of those family members or witnesses, their killings or their torture;[[fn:55]] (n)Whether the person concerned would be deported to a State where the person was subjected to or would run the risk of being subjected to slavery and forced labour[[fn:56]] or trafficking in human beings; (o)Whether the person concerned is below the age of 18 years and would be deported to a State where the person’s fundamental child rights were previously violated and/or would be violated, creating irreparable harm, such as the person’s recruitment as a combatant participating directly or indirectly in hostilities[[fn:57]] or for providing sexual services.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":30,"text":"See, for example, Ali Fadel v. Switzerland, paras. 7.7 and 7.8."},{"n":31,"text":"See, for example, Sylvie Bakatu-Bia v. Sweden (CAT/C/46/D/379/2009), paras. 2.2 and 10.5; and Ali Fadel v. Switzerland, para. 7.7."},{"n":32,"text":"See, for example, Ramiro Ramírez Martínez and others v. Mexico (CAT/C/55/D/500/2012), para. 17.5; and Patrice Gahungu v. Burundi (CAT/C/55/D/522/2012), para. 7.6."},{"n":33,"text":"See, for example, Tony Chahin v. Sweden (CAT/C/46/D/310/2007), para. 9.4; and Nasirov v. Kazakhstan, paras. 2.2, 11.6 and 11.9."},{"n":34,"text":"See, for example, Ramiro Ramírez Martínez and others v. Mexico, para. 17.5; Patrice Gahungu v. Burundi, para. 7.7; and X. v. Burundi (CAT/C/55/D/553/2013), para. 7.5."},{"n":35,"text":"See, for example, Combey Brice Magloire Gbadjavi v. Switzerland (CAT/C/48/D/396/2009), paras. 2.1 and 7.5–7.8; and Ali Fadel v. Switzerland, paras. 2.4 and 7.6–7.8."},{"n":36,"text":"See, for example, Ramiro Ramírez Martínez and others v. Mexico, paras. 17.5 and 17.6; Patrice Gahungu v. Burundi, para. 7.7; and X. v. Burundi, 7.5 and 7.6."},{"n":37,"text":"See, for example, F.K. v. Denmark (CAT/C/56/D/580/2014), paras. 7.5 and 7.6."},{"n":38,"text":"See, for example, Sylvie Bakatu-Bia v. Sweden, paras. 10.5–10.7."},{"n":39,"text":"See, for example, Agiza v. Sweden, para. 13.4; and Ali Fadel v. Switzerland, para. 7.8."},{"n":40,"text":"See, for example, Tony Chahin v. Sweden, para. 9.5; and Tursunov v. Kazakhstan, para. 9.8."},{"n":41,"text":"See, for example, Rouba Alhaj Ali v. Morocco (CAT/C/58/D/682/2015), paras. 8.5–8.8."},{"n":42,"text":"See, for example, concluding observations on the combined fourth and fifth periodic reports of Croatia (CAT/C/HRV/CO/4-5), para. 11; and concluding observations on the third periodic report of the former Yugoslav Republic of Macedonia (CAT/C/MKD/CO/3), para. 16."},{"n":43,"text":"While not quoting directly the provisions of the Geneva Conventions and the Additional Protocols thereto, the Committee has referred in its jurisprudence to situations covered by those provisions, among others, in the concluding observations on the fourth periodic report of Turkey (CAT/C/TUR/CO/4, paras. 12 and 23–26); and the concluding observations on the combined fifth and sixth periodic reports of Italy (CAT/C/ITA/CO/5-6, paras. 20–23)."},{"n":44,"text":"Article 3 (1) (a) of the four Geneva Conventions stipulates that in the case of armed conflict not of an international character, violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture are and shall remain prohibited with respect to persons taking no active part in the hostilities. See, for example, concluding observations on the fourth periodic report of the Russian Federation (CAT/C/RUS/CO/4), para. 24; and concluding observations on the sixth periodic report of Ukraine (CAT/C/UKR/CO/6), para. 11."},{"n":45,"text":"Article 4 (1) of Protocol II, adopted on 8 June 1977, stipulates that all persons who do not take a direct part or who have ceased to take part in hostilities (with reference to armed conflicts referred to in article 2 of the Geneva Conventions and article 1 of the Additional Protocols thereto), whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. Article 4 (2) of the Protocol stipulates that the following acts against the persons referred to in article 4 (1) are and shall remain prohibited at any time and in any place whatsoever: (a) violence to the life, health and physical or mental well-being of persons, in particular murder, as well as cruel treatment such as torture, mutilation or any form of corporal punishment; (b) collective punishments; (c) taking of hostages; (d) acts of terrorism; (e) outrages upon personal dignity, in particular, humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault; (f) slavery and the slave trade in all their forms; (g) pillage; and (h) threats to commit any of the foregoing acts. See, for example, concluding observations on the initial report of Lebanon (CAT/C/LBN/CO/1), para. 11; and concluding observations on the fourth periodic report of Turkey (CAT/C/TUR/CO/4), para. 12."},{"n":46,"text":"Article 12 of the Third Geneva Convention provides, inter alia, that prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. See, for example, concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 17."},{"n":47,"text":"Article 45 of the Fourth Geneva Convention provides, inter alia, that protected persons may be transferred by the Detaining Power only to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention."},{"n":48,"text":"Article 75 (2) of Additional Protocol I stipulates that the following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents: (a) violence to the life, health, or physical or mental well-being of persons, in particular: (i) murder; (ii) torture of all kinds, whether physical or mental; (iii) corporal punishment; and (iv) mutilation; (b) outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault; (c) the taking of hostages; (d) collective punishments; and (e) threats to commit any of the foregoing acts. See, for example, concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 34."},{"n":49,"text":"See, for example, concluding observations on the second periodic report of Belgium (CAT/C/BEL/CO/2), para. 10."},{"n":50,"text":"See, for example, Rouba Alhaj Ali v. Morocco, paras. 8.5–8.8."},{"n":51,"text":"See, for example, X. v. Switzerland (CAT/C/53/D/470/2011), para. 7.8; and Asghar Tahmuresi v. Switzerland (CAT/C/53/D/489/2012), para. 7.5."},{"n":52,"text":"See, for example, concluding observations on the second periodic report of Afghanistan (CAT/C/AFG/CO/2), para. 34 (c)."},{"n":53,"text":"See concluding observations on the combined third to fifth periodic reports of the Republic of Korea (CAT/C/KOR/CO/3-5), para. 30 (b)."},{"n":54,"text":"See, for example, concluding observations on the second periodic report of Afghanistan (CAT/C/AFG/CO/2), para. 34; and concluding observations on the second periodic report of Mongolia (CAT/C/MNG/CO/2), para. 22."},{"n":55,"text":"See, for example, Hussein Khademi and others v. Switzerland (CAT/C/53/D/473/2011), paras. 7.4–7.6; Nasirov v. Kazakhstan, para. 11.9; and N.A.A. v. Switzerland (CAT/C/60/D/639/2014), paras. 7.7–7.11."},{"n":56,"text":"See, for example, Tony Chahin v. Sweden, para. 9.5."},{"n":57,"text":"See, for example, concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 34."}],"section":["VIII. Duties of States parties to consider specific human rights situations in which the principle of non-refoulement applies"],"citedArticles":[{"article":"6","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT general comment on non-refoulement; art. 6 CAT addresses detention/prosecution duties of alleged torturers."},{"article":"7","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT GC; art. 7 CAT is the aut dedere aut judicare obligation."},{"article":"8","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT GC; art. 8 CAT covers extradition for torture offences."},{"article":"3","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT GC explicitly on non-refoulement; art. 3 CAT is the core non-refoulement provision."},{"article":"4","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT GC; art. 4 CAT requires criminalisation of torture."},{"article":"3","paragraph":"1","treaty":"CAT","confidence":"high","source":"opus","rationale":"Art. 3(1) CAT non-refoulement, in a single-treaty CAT GC."},{"article":"4","paragraph":"1","treaty":"CAT","confidence":"high","source":"opus","rationale":"Art. 4(1) CAT criminalisation duty, in a single-treaty CAT GC."},{"article":"12","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT GC; art. 12 CAT requires prompt investigation."},{"article":"32","treaty":"?","confidence":"high","source":"opus","rationale":"CAT has only 33 articles and art. 32 is a procedural clause unrelated to torture; this is a regex artefact, likely a footnote reference to a Geneva Convention article."},{"article":"45","treaty":"?","confidence":"high","source":"opus","rationale":"CAT has only 33 articles; art. 45 cannot be a CAT reference — spurious regex hit, likely from a Geneva Convention or footnote source."},{"article":"75","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"CAT has only 33 articles; art. 75 is impossible — likely Protocol I to the Geneva Conventions (art. 75 fundamental guarantees) or another instrument cited in footnotes."}]},{"id":"cat-c-gc-4-0030","docId":"cat-c-gc-4","idx":30,"n":30,"text":"30. Equally, States parties should refrain from deporting individuals to another State where there are substantial grounds for believing that they would be in danger of being subjected to torture or other ill-treatment at the hands of non-State entities, including groups that are unlawfully exercising actions that inflict severe pain or suffering for purposes prohibited by the Convention, and over which the receiving State has no or only partial de facto control, or whose acts it is unable to prevent or whose impunity it is unable to counter.[[fn:58]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":58,"text":"See, for example, S.S. Elmi v. Australia (CAT/C/22/D/120/1998), paras. 6.8 and 6.9; and M.K.M. v. Australia (CAT/C/60/D/681/2015), para. 8.9."}],"section":["IX. Non-State actors"]},{"id":"cat-c-gc-4-0031","docId":"cat-c-gc-4","idx":31,"n":31,"text":"31. The Committee considers that it is the responsibility of the author of a communication to provide exhaustive arguments for the complaint of alleged violation of article 3 of the Convention in such a way that, from the first impression (prima facie) or from subsequent submissions, if necessary, the Committee finds that it is relevant for consideration under article 22 of the Convention and that it fulfils each of the requirements established under rule 113 of the Committee’s rules of procedure.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","A. Admissibility"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0032","docId":"cat-c-gc-4","idx":32,"n":32,"text":"32. A State party’s obligations under the Convention apply from the date of the entry into force of the Convention for that State party. However, the Committee will consider communications on alleged violations of the Convention which occurred before a State party’s recognition of the Committee’s competence under article 22 of the Convention through the declaration provided for in article 22, if the effects of those alleged violations continued after the State party’s declaration, and if such effects may constitute in themselves a violation of the Convention.[[fn:59]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":59,"text":"See, for example, N.Z. v. Kazakhstan (CAT/C/53/D/495/2012), para. 12.3."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","A. Admissibility"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0033","docId":"cat-c-gc-4","idx":33,"n":33,"text":"33. With reference to article 22 (5) (a) of the Convention, which requires that the Committee shall not consider any individual communication under that article unless it has ascertained that the same matter has not been, and is not being, examined under another procedure of international investigation or settlement, the Committee considers that “the same matter” should be understood as relating to the same parties, the same facts and the same substantive rights.[[fn:60]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":60,"text":"See, for example, A.A. v. Azerbaijan (CAT/C/35/D/247/2004), para. 6.8; E.E. v. the Russian Federation (CAT/C/50/D/479/2011), para. 8.4; N.B. v. the Russian Federation (CAT/C/56/D/577/2013), para. 8.2; M.T. v. Sweden (CAT/C/55/D/642/2014), para. 8.3; and Mr. U. v. Sweden (CAT/C/56/D/643/2014), para. 6.4."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","A. Admissibility"],"citedArticles":[{"treaty":"CAT","article":"22","paragraph":"5","source":"regex"}]},{"id":"cat-c-gc-4-0034","docId":"cat-c-gc-4","idx":34,"n":34,"text":"34. According to article 22 (5) (b) of the Convention, the complainant must have exhausted all available domestic remedies, provided for in law and in practice, that bring effective relief.[[fn:61]] Article 22 (5) (b) further provides that this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of the Convention.[[fn:62]] In the context of article 3 of the Convention, the Committee considers that exhaustion of domestic remedies means that the complainant has applied for remedies that are directly related to the risk of being subjected to torture in the country to which the person would be deported, not for remedies that might allow the complainant to remain in the sending State party for other reasons.[[fn:63]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":61,"text":"See, for example, Mr. Y. v. Canada (CAT/C/55/D/512/2012), para. 7.2; and Olga Shestakova v. the Russian Federation (CAT/C/62/D/712/2015), para. 6.4."},{"n":62,"text":"See, for example, A.E. v. Switzerland (CAT/C/14/D/24/1995), para. 4; Evloev v. Kazakhstan (CAT/C/51/D/441/2010), para. 8.6; and W.G.D. v. Canada (CAT/C/53/D/520/2012), para. 7.4."},{"n":63,"text":"See, for example, W.G.D. v. Canada, para. 7.4."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","A. Admissibility"],"citedArticles":[{"treaty":"CAT","article":"22","paragraph":"5","source":"regex"},{"treaty":"CAT","article":"22","paragraph":"5","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0035","docId":"cat-c-gc-4","idx":35,"n":35,"text":"35. The Committee further considers that an effective remedy in the implementation of the principle of “non-refoulement” should be a recourse able to preclude, in practice, the deportation of the complainant where there are substantial grounds for believing that the complainant would personally be in danger of being subjected to torture if deported to another country. The recourse should be a legally-based right and not an ex gratia concession given by the authorities concerned,[[fn:64]] and should be accessible in practice without obstacles of any nature.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":64,"text":"See, for example, W.G.D. v. Canada, para. 7.4; and J.K. v. Canada (CAT/C/56/D/562/2013), para. 9.2."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","A. Admissibility"]},{"id":"cat-c-gc-4-0036","docId":"cat-c-gc-4","idx":36,"n":36,"text":"36. When the Committee, or members designated by it, requests the State party concerned, for its urgent consideration, to take such interim measures, once the decision on deportation by the domestic authorities has become enforceable according to the information available, that the Committee considers necessary to avoid irreparable damage to the victim or victims of an alleged violation of article 3 of the Convention, in accordance with rule 114 of the Committee’s rules of procedure, the State party should comply with the Committee’s request in good faith.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","B. Interim measures of protection"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0037","docId":"cat-c-gc-4","idx":37,"n":37,"text":"37. Non-compliance by the State party with the Committee’s request would constitute serious damage and an obstacle to the effectiveness of the Committee’s deliberations and would cast serious doubt on the willingness of the State party to implement article 22 of the Convention in good faith.[[fn:65]] The Committee has therefore determined that the non-compliance with its request for interim measures constitutes a breach of article 22.[[fn:66]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":65,"text":"See Kalinichenko v. Morocco (CAT/C/47/D/428/2010), paras. 13.1, 13.2 and 16; Tursunov v. Kazakhstan, para. 10; X. v. the Russian Federation (CAT/C/54/D/542/2013), paras. 9.2 and 12; and D.I.S. v. Hungary (CAT/C/56/D/671/2015), paras. 9.1–9.3."},{"n":66,"text":"See, for example, S.T. v. Australia (CAT/C/61/D/614/2014), paras. 9 and 10; and X. v. the Russian Federation, para. 12."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","B. Interim measures of protection"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0038","docId":"cat-c-gc-4","idx":38,"n":38,"text":"38. With respect to the application of article 3 of the Convention to the merits of a communication submitted under article 22, the burden of proof is upon the author of the communication, who must present an arguable case,[[fn:67]] that is, submit substantiated arguments showing that the danger of being subjected to torture is foreseeable, present, personal and real. However, when complainants are in a situation where they cannot elaborate on their case, such as when they have demonstrated that they have no possibility of obtaining documentation relating to their allegation of torture or have been deprived of their liberty, the burden of proof is reversed[[fn:68]] and the State party concerned must investigate the allegations and verify the information on which the communication is based.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":67,"text":"See Sivagnanaratnam v. Denmark (CAT/C/51/D/429/2010), paras. 10.5 and 10.6; Mr. A.R. v. Netherlands (CAT/C/31/D/203/2002), para. 7.3; Arthur Kasombola Kalonzo v. Canada (CAT/C/48/D/343/2008), para. 9.3; X. v. Denmark (CAT/C/53/D/458/2011), para. 9.3; W.G.D. v. Canada, para. 8.4; and T.Z. v. Switzerland (CAT/C/62/D/688/2015), para. 8.4."},{"n":68,"text":"For comparison, see S.P.A. v. Canada, para. 7.5; and J.K. v. Canada, para. 10.4."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0039","docId":"cat-c-gc-4","idx":39,"n":39,"text":"39. It is the responsibility of the State party, at the national level, to assess, through administrative and/or judicial procedures, whether there are substantial grounds for believing that the complainant faces a foreseeable, present, personal and real risk of being subjected to torture in the State to which the complainant would be deported.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0040","docId":"cat-c-gc-4","idx":40,"n":40,"text":"40. In its procedure of assessment, the State party should provide the person concerned with fundamental guarantees and safeguards, especially if the person has been deprived of the person’s liberty or is in a particularly vulnerable situation, such as the situation of an asylum seeker, an unaccompanied minor, a woman who has been subjected to violence or a person with disabilities (measures of protection).[[fn:69]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":69,"text":"See, for example, concluding observations on the fourth periodic report of the Netherlands (CAT/C/NET/CO/4), para. 7; and concluding observations on the fourth periodic report of Cyprus (CAT/C/CYP/CO/4), paras. 13 and 14."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0041","docId":"cat-c-gc-4","idx":41,"n":41,"text":"41. Guarantees and safeguards should include linguistic, legal, medical, social and, when necessary, financial assistance, as well as the right to recourse against a decision of deportation within a reasonable time frame, for a person in a precarious and stressful situation and with a suspensive effect on the enforcement of the deportation order. In particular, an examination by a qualified medical doctor, including as requested by the complainant to prove the torture that the complainant has suffered, should always be ensured, regardless of the authorities’ assessment of the credibility of the allegation,[[fn:70]] so that the authorities deciding on a given case of deportation are able to complete the assessment of the risk of torture on the basis of the result of the medical and psychological examinations, without any reasonable doubt.[[fn:71]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":70,"text":"See, for example, M.B. and others v. Denmark, para. 9.8."},{"n":71,"text":"See also footnotes 23–30 above."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0042","docId":"cat-c-gc-4","idx":42,"n":42,"text":"42. Victims of torture and other vulnerable persons frequently suffer from post-traumatic stress disorder, which can result in a broad range of symptoms, including involuntary avoidance and dissociation. These symptoms may affect the ability of the person to disclose all relevant details or to relay a consistent story throughout the proceedings. In order to ensure that victims of torture or other vulnerable persons are afforded an effective remedy, States parties should refrain from following a standardized credibility assessment process to determine the validity of a non-refoulement claim. With regard to potential factual contradictions and inconsistencies in the author’s allegations, States parties should appreciate that complete accuracy can seldom be expected from victims of torture.[[fn:72]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":72,"text":"See, for example, Alan v. Switzerland (CAT/C/16/D/21/1995), para. 11.3; Kisoki v. Sweden (CAT/C/16/D/41/1996), para. 9.3; Haydin v. Sweden (CAT/C/21/D/101/1997), paras. 6.6 and 6.7; and C.T. and K.M. v. Sweden (CAT/C/37/D/279/2005), para. 7.6; E.K.W. v. Finland, para. 9.6; and M.B. and others v. Denmark, para. 9.6."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0043","docId":"cat-c-gc-4","idx":43,"n":43,"text":"43. To determine whether there are substantial grounds for believing that a person would be in danger of being subjected to torture if deported, the Committee considers as crucial the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights, referred to in article 3 (2) of the Convention. Such violations include, but are not limited to: (a) widespread use of torture[[fn:73]] and impunity of its perpetrators;[[fn:74]] (b) harassment and violence against minority groups;[[fn:75]] (c) situations conducive to genocide;[[fn:76]] (d) widespread gender-based violence;[[fn:77]] (e) widespread use of sentencing and imprisonment of persons exercising fundamental freedoms;[[fn:78]] and (f) situations of international and non-international armed conflicts.[[fn:79]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":73,"text":"See, for example, X. v. Kazakhstan (CAT/C/55/D/554/2013), para. 12.7."},{"n":74,"text":"See, for example, P.S.B. and T.K. v. Canada (CAT/C/55/D/505/2012), para. 8.3."},{"n":75,"text":"See, for example, Subakaran R. Thirugnanasampanthar v. Australia, para. 8.7."},{"n":76,"text":"See, for example, concluding observations on the initial report of Iraq (CAT/C/IRQ/CO/1 and CAT/C/IRQ/CO/1/Corr.1), paras. 11 and 12."},{"n":77,"text":"See, for example, J.K. v. Canada, paras. 10.5 and 10.6."},{"n":78,"text":"See, for example, Abed Azizi v. Switzerland (CAT/C/53/D/492/2012), paras. 8.5–8.8."},{"n":79,"text":"See, for example, concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 22."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"],"citedArticles":[{"treaty":"CAT","article":"3","paragraph":"2","source":"regex"}]},{"id":"cat-c-gc-4-0044","docId":"cat-c-gc-4","idx":44,"n":44,"text":"44. The Committee’s assessment will be based primarily on the information provided by or on behalf of the complainant and by the State party concerned. The Committee will also consult United Nations sources of information, as well as any other sources that it considers reliable.[[fn:80]] In addition, the Committee will take into account any of the indications listed in paragraph 29 above as constituting substantial grounds for believing that a person would be in danger of being subjected to torture if deported.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":80,"text":"See rule 118 of the Committee’s rules of procedure."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0045","docId":"cat-c-gc-4","idx":45,"n":45,"text":"45. The Committee will assess “substantial grounds” and consider the risk of torture as foreseeable, personal, present and real when the existence of facts relating to the risk by itself, at the time of its decision, would affect the rights of the complainant under the Convention in case of the complainant’s deportation. Indications of personal risk may include, but are not limited to the complainant’s: (a) ethnic background;[[fn:81]] (b) political affiliation or political activities of the complainant and/or the complainant’s family members;[[fn:82]] (c) arrest and/or detention without guarantee of a fair treatment and trial;[[fn:83]] (d) sentence in absentia;[[fn:84]] (e) sexual orientation and gender identity;[[fn:85]] (f) desertion from the national armed forces or armed groups; (g) previous torture;[[fn:86]] (h) incommunicado detention or other form of arbitrary and illegal detention in the country of origin; (i) clandestine escape from the country of origin following threats of torture; (j) religious affiliation;[[fn:87]] (k) violations of the right to freedom of thought, conscience and religion, including violations related to the prohibition of conversion to a religion that is different from the religion proclaimed as State religion and where such a conversion is prohibited and punished in law and in practice;[[fn:88]] (l) risk of expulsion to a third country where the person may be in danger of being subjected to torture;[[fn:89]] and (m) violence against women, including rape.[[fn:90]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":81,"text":"See, for example, Z. v. Denmark (CAT/C/55/D/555/2013), paras. 5.2 and 7.8; and M.B. and others v. Denmark, paras. 2.1, 2.2 and 9.7."},{"n":82,"text":"See, for example, T.D. v. Switzerland (CAT/C/46/D/375/2009), para. 7.8."},{"n":83,"text":"See, for example, Nasirov v. Kazakhstan, paras. 7.6 and 11.9."},{"n":84,"text":"See, for example, Agiza v. Sweden, para. 13.4; and Ali Fadel v. Switzerland, para. 7.8."},{"n":85,"text":"See, for example, Uttam Mondal v. Sweden (CAT/C/46/D/338/2008), para. 7.7."},{"n":86,"text":"See, for example, Dadar v. Canada, para. 8.5."},{"n":87,"text":"See, for example, Abdussamatov and others v. Kazakhstan, para. 13.8."},{"n":88,"text":"See, for example, Abed Azizi v. Switzerland, paras. 3.2 and 8.8."},{"n":89,"text":"See, for example, general comment No. 1 (1997) on the implementation of article 3, para. 2; Avedes Hamayak Korban v. Sweden (CAT/C/21/D/88/1997), para. 7; and Z.T. v. Australia (CAT/C/31/D/153/2000), para. 6.4; concluding observations on the combined fifth and sixth periodic reports of Greece (CAT/C/GRC/CO/5-6), para. 19; and concluding observations on the second periodic report of Serbia (CAT/C/SRB/CO/2), para. 15."},{"n":90,"text":"See, for example, E.K.W. v. Finland, paras. 9.6 and 9.7."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0046","docId":"cat-c-gc-4","idx":46,"n":46,"text":"46. When assessing whether “substantial grounds” exist, the Committee will take into account the human rights situation of a State as a whole and not of a particular area of it. The State party is responsible for any territory under its jurisdiction, control or authority. The notion of “local danger” does not provide for measurable criteria and is not sufficient to dissipate totally the personal danger of being tortured.[[fn:91]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":91,"text":"See, for example, Uttam Mondal v. Sweden, para. 7.4."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0047","docId":"cat-c-gc-4","idx":47,"n":47,"text":"47. The Committee considers that the so-called “internal flight alternative”, that is, the deportation of a person or a victim of torture to an area of a State where the person would not be exposed to torture, unlike in other areas of the same State, is not reliable or effective.[[fn:92]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":92,"text":"See, for example, M.K.M. v. Australia, para. 8.9."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0048","docId":"cat-c-gc-4","idx":48,"n":48,"text":"48. When assessing whether “substantial grounds” exist, the Committee considers that a receiving State should have demonstrated certain essential measures to prevent and prohibit torture throughout the entire territory under its jurisdiction, control or authority, such as clear legislative provisions on the absolute prohibition of torture and its punishment with adequate penalties, measures to put an end to impunity for acts of torture, violence and other illegal practices committed by public officials, the prosecution of public officials allegedly responsible for acts of torture and other ill-treatment and their punishment commensurate with the gravity of the crime committed when they are found guilty.[[fn:93]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":93,"text":"See, for example, concluding observations on the combined fifth and sixth periodic reports of Argentina (CAT/C/ARG/CO/5-6), paras. 9–12 and 30; and concluding observations on the sixth periodic report of Bulgaria (CAT/C/BGR/CO/6), paras. 7, 8, 11 and 12."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0049","docId":"cat-c-gc-4","idx":49,"n":49,"text":"All pertinent information may be introduced by both parties to explain the relevance of their submissions under article 22 of the Convention to the provisions of article 3. The following information, while not exhaustive, would be pertinent: (a)Whether the State concerned is one in which there is evidence of a consistent pattern of gross, flagrant or mass violations of human rights; (b)Whether the complainant has been tortured or ill-treated by, at the instigation of or with the consent or the acquiescence (tacit agreement) of a public official or other person acting in an official capacity in the past, and, if so, whether this was in the recent past; (c)Whether there is medical, psychological or other independent evidence to support a claim by the complainant that the complainant has been tortured or ill-treated in the past, and whether the torture had after-effects; (d)Whether the State party has ensured that the complainant facing deportation from the territory under its jurisdiction, control or authority has had access to all legal and/or administrative guarantees and safeguards provided by law and, in particular, to an independent medical examination to assess claims that the complainant has previously suffered torture or ill-treatment in the complainant’s country of origin; (e)Whether there is any credible allegation or evidence that the complainant and/or other person’s next of kin have been or will be threatened or exposed to reprisals or other forms of sanctions amounting to torture or other cruel, inhuman or degrading treatment or punishment in connection with the communication submitted to the Committee; (f)Whether the complainant has engaged in political or other activities within or outside the State concerned that would appear to make the complainant vulnerable to the risk of being subjected to torture were the complainant to be expelled, returned or extradited to the State in question; (g)If returned to the State to which the complainant is being deported, whether the complainant is at risk of further deportation to another State where the complainant would face the risk of being subjected to torture; (h)Bearing in mind the status of physical and psychological fragility encountered by the majority of complainants, such as asylum seekers, former detainees and victims of torture or sexual violence, which is conducive to some inconsistencies and/or lapses of memory in their submissions, whether there is any evidence concerning the credibility of the complainant; (i)Taking into account some inconsistencies that may exist in the presentation of the facts, whether the complainant has demonstrated the general veracity of the claims.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":94,"text":"See, for example, S.P.A. v. Canada, para. 7.5."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0050","docId":"cat-c-gc-4","idx":50,"n":50,"text":"50. The Committee gives considerable weight to findings of fact made by organs of the State party concerned;[[fn:95]] however, it is not bound by such findings. It follows that the Committee will make a free assessment of the information available to it in accordance with article 22 (4) of the Convention, taking into account all the circumstances relevant to each case.[[fn:96]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":95,"text":"See, for example, T.D. v. Switzerland, para. 7.7; and Alp v. Denmark (CAT/C/52/D/466/2011), para. 8.3."},{"n":96,"text":"See, for example, I.E. v. Switzerland (CAT/C/62/D/683/2015), para. 7.4."}],"section":["XI. Independence of assessment of the Committee"],"citedArticles":[{"treaty":"CAT","article":"22","paragraph":"4","source":"regex"}]},{"id":"cat-c-gc-4-0051","docId":"cat-c-gc-4","idx":51,"n":51,"text":"51. The principle of the benefit of the doubt, as a preventive measure against irreparable harm, will also be taken into account by the Committee in adopting decisions on individual communications, where the principle is relevant.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["XI. Independence of assessment of the Committee"]},{"id":"cat-op-gc-1-0001","docId":"cat-op-gc-1","idx":1,"n":1,"text":"1. The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was established as a result of the conviction of the international community that further measures were necessary to achieve the purposes of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that States had the primary responsibility for implementing effective measures to prevent acts of torture and other cruel, inhuman or degrading treatment or punishment in any territory under their jurisdiction.[[fn:1]] To effectively fulfil the legal obligations relating to torture prevention contained in the Optional Protocol, States parties are obliged to maintain, designate or establish national preventive mechanisms and allow regular visits by those mechanisms and by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment[[fn:2]] to places where people are deprived of liberty.[[fn:3]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":1,"text":"Optional Protocol, preamble."},{"n":2,"text":"Ibid., art. 1."},{"n":3,"text":"The Optional Protocol contains references to both places where people are deprived of their liberty and places where people are or may be deprived of their liberty, which are defined in article 4. Article 4 also contains a definition of the term “deprivation of liberty”. Furthermore, the Optional Protocol contains, as a short form, the term “places of detention”. For purposes of consistency, the term places of deprivation of liberty” and not “places of detention” will be used throughout the present general comment."}],"section":["I. Introduction"]},{"id":"cat-op-gc-1-0002","docId":"cat-op-gc-1","idx":2,"n":2,"text":"2. Article 4 (1) of the Optional Protocol reinforces the fundamental purpose of the Optional Protocol as a whole by defining the places that the Subcommittee and national preventive mechanisms have the mandate to visit as any place under a State party’s jurisdiction or control[[fn:4]] where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence. This broad definition includes not only places dedicated to the detention or custody of persons but also places where the public authority instigates or consents or acquiesces to the deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":4,"text":"See paragraphs 29 to 39 below for an explanation of the use of the phrase “jurisdiction or control” in the present general comment."}],"section":["I. Introduction"],"citedArticles":[{"article":"4","paragraph":"1","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'Article 4 (1) of the Optional Protocol reinforces the fundamental purpose of the Optional Protocol' — OPCAT GC; 'the Optional Protocol' = OPCAT."}]},{"id":"cat-op-gc-1-0003","docId":"cat-op-gc-1","idx":3,"n":3,"text":"3. Article 4 (2) of the Optional Protocol defines the term “deprivation of liberty” as “any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority”. This definition specifically acknowledges that deprivation of liberty may occur in both public and private settings.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["I. Introduction"],"citedArticles":[{"article":"4","paragraph":"2","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'Article 4 (2) of the Optional Protocol defines the term deprivation of liberty' — OPCAT GC; unambiguously OPCAT art. 4(2)."}]},{"id":"cat-op-gc-1-0004","docId":"cat-op-gc-1","idx":4,"n":4,"text":"4. The preventive objective of the Optional Protocol is manifest in its travaux préparatoires and the wording of the preamble.[[fn:5]] The understanding and practical application of article 4 by the Subcommittee[[fn:6]] and national preventive mechanisms leave no doubt that paragraphs 1 and 2 of that article should be read together. This means that the definition of places of deprivation of liberty must be understood broadly to encompass both public and private settings and situations in which there is State instigation of, or consent or acquiescence to, the deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":5,"text":"See E/CN.4/1993/28, E/CN.4/1993/28/Corr.1 and E/CN.4/1995/38."},{"n":6,"text":"CAT/C/57/4 and CAT/C/57/4/Corr.1, annex, paras. 1–3."}],"section":["I. Introduction"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'The understanding and practical application of article 4 by the Subcommittee and national preventive mechanisms' — the Subcommittee operates under OPCAT; 'article 4 of the Optional Protocol' confirmed by context."}]},{"id":"cat-op-gc-1-0005","docId":"cat-op-gc-1","idx":5,"n":5,"text":"5. However, in practice, some national preventive mechanisms have, at different times, faced difficulties or restrictions in conducting visits to some places of deprivation of liberty. In exceptional cases, these difficulties have stemmed from the national legislation; for example, when it is specified in legislation that national preventive mechanisms can only visit places where persons are deprived of their liberty by order of an administrative or judicial authority or when the legislation does not contain reference to the instigation, consent or acquiescence of the public authority. National preventive mechanisms have also informed the Subcommittee about practical difficulties in entering certain places of deprivation of liberty owing to an incorrect or limited understanding by the State party, its authorities or other relevant stakeholders of the term “place of deprivation of liberty”.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["I. Introduction"]},{"id":"cat-op-gc-1-0006","docId":"cat-op-gc-1","idx":6,"n":6,"text":"6. In addition, the Subcommittee has observed discrepancies in the places that States parties allow national preventive mechanisms and the Subcommittee to visit, with more restrictions imposed on national preventive mechanisms, notwithstanding the fact that the Optional Protocol imposes the same obligations with regard to both bodies. This is a serious obstacle to the preventive work of the national preventive mechanisms and the Subcommittee and is inconsistent with States’ obligations under the Optional Protocol. Consequently, States parties, their places of deprivation of liberty and, most importantly, persons deprived of their liberty do not benefit from that important preventive work.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["I. Introduction"]},{"id":"cat-op-gc-1-0007","docId":"cat-op-gc-1","idx":7,"n":7,"text":"7. The aim of the present general comment is to clarify and address questions that States parties, national preventive mechanisms and other stakeholders may have regarding the obligations of States parties to the Optional Protocol as they pertain to the definition of places of deprivation of liberty to enable effective and uniform interpretation and implementation of the Optional Protocol. To do this, in the general comment, the Subcommittee examines States’ obligations under article 4 of the Optional Protocol, which should be understood in the light of the object and purpose of this treaty and in line with the practice of the Subcommittee and national preventive mechanisms, keeping in mind that the Optional Protocol is a treaty designed to respond to current, emerging and future situations and challenges.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["I. Introduction"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'examines States' obligations under article 4 of the Optional Protocol' — OPCAT art. 4 explicitly named."}]},{"id":"cat-op-gc-1-0008","docId":"cat-op-gc-1","idx":8,"n":8,"text":"8. Consistent with the overarching preventive aim and spirit of the Optional Protocol, the Subcommittee has recommended and implemented in its practice as extensive an interpretation as possible of the term “places of deprivation of liberty” to maximize the preventive impact of its work and that of national preventive mechanisms.[[fn:7]] This is also consistent with the comprehensive approach to the term “deprivation of liberty” taken by other United Nations and regional human rights bodies.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":7,"text":"Ibid., annex, para. 2. See also CAT/OP/POL/ROSP/1 and CAT/OP/POL/ROSP/1/Corr.1, para. 26; and CAT/OP/PRT/1, para. 25."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty"]},{"id":"cat-op-gc-1-0009","docId":"cat-op-gc-1","idx":9,"n":9,"text":"9. Article 4 is central to the effective implementation of the core objective of the Optional Protocol. Any restrictive interpretation of this provision would be detrimental to the mechanism enshrined in the Optional Protocol and thus be contrary to its spirit. Therefore, the Subcommittee has repeatedly underlined that the term “places of deprivation of liberty”, as contained in article 4 of the Optional Protocol, should be understood broadly. An interpretation of the term that is restricted to such conventional settings as prisons would be overly limiting and clearly contrary to the Optional Protocol.[[fn:8]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":8,"text":"CAT/C/50/2, para. 67."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","A. Object and purpose of the Optional Protocol"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'Article 4 is central to the effective implementation of the core objective of the Optional Protocol' — OPCAT art. 4."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'as contained in article 4 of the Optional Protocol, should be understood broadly' — OPCAT art. 4, second occurrence."}]},{"id":"cat-op-gc-1-0010","docId":"cat-op-gc-1","idx":10,"n":10,"text":"10. Moreover, a restrictive interpretation of article 4 would also violate the obligation to interpret treaties in good faith, as contained in article 31 of the Vienna Convention on the Law of Treaties. That obligation requires that all treaties be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. Given that the objective of the Optional Protocol is the prevention of torture and other cruel, inhuman or degrading treatment or punishment through visits to all places of deprivation of liberty, a good faith interpretation cannot lead to a limited understanding of the term “places of deprivation of liberty” that would exclude certain places where persons are or could be deprived of their liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["II. Comprehensive approach to defining places of deprivation of liberty","A. Object and purpose of the Optional Protocol"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"opus","rationale":"'a restrictive interpretation of article 4' in a paragraph anchored on OPCAT (Optional Protocol to CAT) — OPCAT art.4 defines 'places of deprivation of liberty'."},{"article":"31","treaty":"?","confidence":"high","source":"opus","rationale":"'article 31 of the Vienna Convention on the Law of Treaties' — VCLT is not a UN core human rights treaty."}]},{"id":"cat-op-gc-1-0011","docId":"cat-op-gc-1","idx":11,"n":11,"text":"11. Throughout its history and consistent practice, the Subcommittee has required that the term “places of deprivation of liberty” extend to any place, whether permanent or temporary, where persons are deprived of their liberty by, or at the instigation or with the consent and/or acquiescence of public authorities.[[fn:9]] It has clarified that any place in which persons are deprived of their liberty, in the sense of not being free to leave, or in which the Subcommittee considers that persons might be deprived of their liberty, should fall within the scope of the Optional Protocol, if the deprivation of liberty relates to a situation in which the State either exercises or might be expected to exercise a regulatory function.[[fn:10]] The Subcommittee has consistently emphasized that, pursuant to article 4 of the Optional Protocol, the State party must enable and ensure visits to any place where persons are or may be deprived of their liberty.[[fn:11]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":9,"text":"Ibid."},{"n":10,"text":"CAT/C/57/4 and CAT/C/57/4/Corr.1, annex, para. 3. See also CAT/OP/POL/ROSP/1 and CAT/OP/POL/ROSP/1/Corr.1, para. 25."},{"n":11,"text":"CAT/OP/PRT/1, para. 24; and CAT/OP/POL/RONPM/1, para. 28."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","A. Object and purpose of the Optional Protocol"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'pursuant to article 4 of the Optional Protocol, the State party must enable and ensure visits' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0012","docId":"cat-op-gc-1","idx":12,"n":12,"text":"12. Consequently, in accordance with the comprehensive approach to the definition of the term “places of deprivation of liberty”, the Subcommittee has clearly established that the two paragraphs of article 4 must be read together,[[fn:12]] as they are complementary. In other words, places of deprivation of liberty include private or public settings, as specified in paragraph 2, and deprivation of liberty includes, as specified in paragraph 1, any form of placement in a setting under the State’s jurisdiction or control that a person is not permitted to leave at will, including at the instigation or with the consent or acquiescence of a public authority.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":12,"text":"CAT/C/57/4 and CAT/C/57/4/Corr.1, annex, para. 1."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","A. Object and purpose of the Optional Protocol"],"citedArticles":[{"treaty":"OPCAT","article":"4","source":"regex"}]},{"id":"cat-op-gc-1-0013","docId":"cat-op-gc-1","idx":13,"n":13,"text":"13. The approach of the Subcommittee to the definition of places of deprivation of liberty is consistent with that of other United Nations and regional human rights mechanisms and bodies. Within the United Nations human rights treaty body system, the Committee against Torture has established that a State party’s obligations to prohibit, prevent and redress torture and ill-treatment extends to all contexts of custody or control, for example, prisons, hospitals, schools and institutions that engage in the care of children, older persons or persons with disabilities, including persons with intellectual or psychosocial disabilities, military service and other institutions and contexts.[[fn:13]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":13,"text":"Committee against Torture, general comment No. 2 (2007), para. 15."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0014","docId":"cat-op-gc-1","idx":14,"n":14,"text":"14. Similarly, the Human Rights Committee has maintained that, under the International Covenant on Civil and Political Rights, the right to be treated with humanity and respect for the inherent dignity of the human person applies “to anyone deprived of liberty under the laws and authority of the State who is held in prisons, hospitals – particularly psychiatric hospitals – detention camps or correctional institutions or elsewhere”.[[fn:14]] The Committee, referring to the obligation to respect liberty and security of person, has established that deprivation of liberty also includes police custody, arraigo, remand detention, imprisonment after conviction, arrest, administrative detention, involuntary hospitalization, institutional custody of children and confinement to a restricted area of an airport, as well as involuntary transport.[[fn:15]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":14,"text":"Human Rights Committee, general comment No. 21 (1992), para. 2."},{"n":15,"text":"Human Rights Committee, general comment No. 35 (2014), para. 5."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0015","docId":"cat-op-gc-1","idx":15,"n":15,"text":"15. A broad interpretation of places of deprivation of liberty has also been adopted by the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families. For example, in line with the definition in article 4 of the Optional Protocol, these Committees have explained that immigration detention covers “any setting in which a child is deprived of his/her liberty for reasons related to his/her, or his/her parents’, migration status, regardless of the name and reason given to the action of depriving a child of his or her liberty, or the name of the facility or location where the child is deprived of liberty”.[[fn:16]] At a more general level, in the global study on children deprived of liberty, a broad definition of deprivation of liberty and places of deprivation of liberty is used, as set out in article 4 of Optional Protocol. In the study, places of detention are defined as extending to “all places where children may be deprived of liberty, such as prisons, police lock-ups, pretrial detention centres, military camps, social care facilities, institutions for persons with disabilities or for persons addicted to drugs or alcohol, ‘orphanages’, children’s homes, institutions for the educational supervision of children, psychiatric hospitals, mental health centres or migration detention centres”.[[fn:17]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":16,"text":"Joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), para. 6."},{"n":17,"text":"A/74/136, para. 18."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'in line with the definition in article 4 of the Optional Protocol' — OPCAT art. 4 explicitly."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'as set out in article 4 of Optional Protocol' — OPCAT art. 4 explicitly named in the global study reference."}]},{"id":"cat-op-gc-1-0016","docId":"cat-op-gc-1","idx":16,"n":16,"text":"16. The Committee on the Rights of Persons with Disabilities applies the principles and standards of the Convention against Torture and the Optional Protocol to the situation of persons with disabilities through articles 14 and 15 of the Convention on the Rights of Persons with Disabilities, which prohibit torture or cruel, inhuman or degrading treatment or punishment and deprivation of liberty on the basis of a disability. In this context, the Committee has found that the practice of placing persons with disabilities in residential settings without specific consent or with the consent of a substitute decision maker amounts to arbitrary deprivation of liberty.[[fn:18]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":18,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014), para. 40."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"],"citedArticles":[{"article":"14","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'articles 14 and 15 of the Convention on the Rights of Persons with Disabilities' — regex assigned OPCAT but text clearly states CRPD art. 14 (liberty and security of person for persons with disabilities)."},{"article":"15","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'articles 14 and 15 of the Convention on the Rights of Persons with Disabilities' — regex assigned OPCAT but text clearly states CRPD art. 15 (freedom from torture for persons with disabilities)."}]},{"id":"cat-op-gc-1-0017","docId":"cat-op-gc-1","idx":17,"n":17,"text":"17. Equally, the special procedures of the Human Rights Council have developed standards regarding the definition of deprivation of liberty and places of deprivation of liberty that are consistent with the Subcommittee’s broad approach. The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has emphasized that private custodial settings are also included within the meaning of the terms “deprivation of liberty” and “detention” and that, in practice, deprivation of liberty may include prisons or purpose-built detention facilities, closed reception or holding centres, shelters, guesthouses and camps, and also temporary facilities, vessels and private residences. The Special Rapporteur has been clear that the deciding factor for the qualification of a situation as “deprivation of liberty” is not the name given to a particular placement or accommodation or its categorization in national law but whether individuals are free to leave it.[[fn:19]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":19,"text":"A/HRC/37/50, para. 17."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0018","docId":"cat-op-gc-1","idx":18,"n":18,"text":"18. Similarly, the Working Group on Arbitrary Detention has recognized that there is an increasing number of new regimes of deprivation of liberty that arise in different situations and contexts around the world and that, while prisons and police stations remain the most common places in which individuals may be deprived of their liberty, there are a number of different places that individuals are not free to leave at will and that raise a question of de facto deprivation of liberty.[[fn:20]] Emphasizing that deprivation of liberty is a question not only of legal definition but also of fact, the Working Group has underlined the importance of the autonomous examination of each situation and of not being bound by the descriptions in national legislation or by the assessments of domestic authorities.[[fn:21]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":20,"text":"A/HRC/36/37, para. 52."},{"n":21,"text":"Opinion No. 22/2020, paras. 62–65. See also A/HRC/42/39, para. 54; and A/HRC/45/16, annex II, para. 8."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0019","docId":"cat-op-gc-1","idx":19,"n":19,"text":"19. The Independent Expert on the enjoyment of all human rights by older persons has recognized the broad definition of deprivation of liberty and places of deprivation of liberty in article 4 of the Optional Protocol and has considered three specific situations in which older persons may be deprived of their liberty and for which the State holds direct or indirect responsibility based on its obligations under international human rights law: (a) when they have committed crimes or legal offences; (b) when they have been detained because of their migration status; and (c) when they are under the control and supervision of certain institutions or caregiving arrangements, including those provided through legal guardianship by family members.[[fn:22]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":22,"text":"A/HRC/51/27, paras. 11 and 12."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'broad definition of deprivation of liberty and places of deprivation of liberty in article 4 of the Optional Protocol' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0020","docId":"cat-op-gc-1","idx":20,"n":20,"text":"20. In the context of international humanitarian law, the concept of deprivation of liberty that the International Committee of the Red Cross (ICRC) uses to guide its work is likewise broad and consistent with the Subcommittee’s approach.[[fn:23]] ICRC defines detention as “custodial deprivation of liberty”, which “refers to the deprivation of liberty caused by the act of confining a person in a narrowly bounded place, under the control or with the consent of a State, or, in non-international armed conflicts, a non-State actor”.[[fn:24]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":23,"text":"Optional Protocol, art. 32."},{"n":24,"text":"ICRC, “Detention”, A to Z glossary. Available at https://casebook.icrc.org/a_to_z."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0021","docId":"cat-op-gc-1","idx":21,"n":21,"text":"21. A comprehensive approach to the definition of the term “places of deprivation of liberty” has also been adopted by regional human rights mechanisms. The European Court of Human Rights has held that deprivation of liberty is not confined to detention following arrest or conviction, but may take numerous other forms,[[fn:25]] including being held in psychiatric or social care institutions,[[fn:26]] being taken by paramedics and police officers to hospital,[[fn:27]] confinement in airport transit zones,[[fn:28]] confinement in land border transit zones,[[fn:29]] placement in a police car to draw up an administrative offence report,[[fn:30]] stops and searches by the police,[[fn:31]] not being permitted to leave during a house search,[[fn:32]] house arrest[[fn:33]] and holding migrants in reception facilities and on ships[[fn:34]] and asylum “hotspot” facilities.[[fn:35]] The Court has also emphasized that it adopts an autonomous interpretation of “deprivation of liberty” and is not bound by the terms of national legislation.[[fn:36]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":25,"text":"Guzzardi v. Italy, Application No. 7367/76, Judgment, 6 November 1980, para. 95."},{"n":26,"text":"See De Wilde, Ooms and Versyp v. Belgium, Applications No. 2832/66, 2835/66 and 2899/66, Judgment, 18 June 1971; H.L. v. the United Kingdom, Application No. 45508/99, Judgment, 5 October 2004; Storck v. Germany, Application No. 61603/00, Judgment, 16 June 2005; A. and Others v. Bulgaria, Application No. 51776/08, Judgment, 29 November 2011; and Stanev v. Bulgaria, Application No. 36760/06, Judgment, 17 January 2012."},{"n":27,"text":"See Aftanache v. Romania, Application No. 999/19, Judgment, 26 August 2020."},{"n":28,"text":"See Z.A. and Others v. Russia, Applications No. 61411/15, 61420/15, 61427/15 and 3028/16, Judgment, 21 November 2019; Amuur v. France, Application No. 19776/92, Judgment, 25 June 1996; Shamsa v. Poland, Applications No. 45355/99 and 45357/99, Judgment, 27 February 2022; and Riad and Idiab v. Belgium, Applications No. 29787/03 and 29810/03, Judgment, 24 April 2008."},{"n":29,"text":"See R.R. and Others v. Hungary, Application No. 36037/17, Judgment, 5 July 2021."},{"n":30,"text":"See Zelčs v. Latvia, Application No. 65367/16, Judgment, 20 June 2020."},{"n":31,"text":"See Foka v. Turkey, Application No. 28940/95, Judgment, 26 January 2009; Gillan and Quinton v. the United Kingdom, Application No. 4158/05, Judgment, 28 June 2010; and Shimovolos v. Russia, Application No. 30194/09, Judgment, 28 November 2011."},{"n":32,"text":"See Stănculeanu v. Romania, Application No. 26990/15, Judgment, 28 May 2018."},{"n":33,"text":"See Buzadji v. the Republic of Moldova, Application No. 23755/07, Judgment, 5 July 2016; Mancini v. Italy, Application No. 44955/98, Judgment, 2 August 2001; Lavents v. Latvia, Application No. 58442/00, Judgment 28 November 2003; Nikolova v. Bulgaria (No. 2), Application No. 40896/98, Judgment, 30 December 2004; and Dacosta Silva v. Spain, Application No. 69966/01, Judgment, 2 February 2007."},{"n":34,"text":"See Khlaifia and Others v. Italy, Application No. 16483/12, Judgment, 15 December 2016."},{"n":35,"text":"See J.R. and Others v. Greece, Application No. 22696/16, Judgment, 28 May 2018."},{"n":36,"text":"Khlaifia and Others v. Italy, para. 71; and Krupko and Others v. Russia, Application No. 26587/07, Judgment, 26 June 2014, para. 37."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0022","docId":"cat-op-gc-1","idx":22,"n":22,"text":"22. Under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, visits may be organized to various places where persons are deprived of their liberty, whatever the reasons for that deprivation of liberty, and the Convention is applicable to all such places. This includes places where persons are held in custody, imprisoned because of conviction for an offence, held in administrative detention or interned for medical reasons, or where minors are detained by a public authority, including by military authorities.[[fn:37]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":37,"text":"Council of Europe, “Explanatory report to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”, European Treaty Series, No. 126, para. 30."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0023","docId":"cat-op-gc-1","idx":23,"n":23,"text":"23. The Inter-American Court of Human Rights has utilized the term “deprivation of liberty” instead of “detention” because it considers it more inclusive in interpreting the right to personal liberty under the American Convention on Human Rights. It has also adopted a broad approach, in keeping with the development of international human rights law and autonomous from the provisions of national legislation. Thus, the Court has established that the particular element that allows a measure to be identified as one that deprives persons of liberty is the fact that they cannot or are unable to leave or abandon at will the place or establishment in which they have been placed.[[fn:38]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":38,"text":"Advisory Opinion OC-21/14 on the Rights and Guarantees of Children in the Context of Migration and/or in Need of International Protection, 19 August 2014, para. 145."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0024","docId":"cat-op-gc-1","idx":24,"n":24,"text":"24. Consistent with this approach, the Inter-American Commission of Human Rights has defined deprivation of liberty as referring to public or private institutions and has clarified that this category of persons includes “not only those deprived of their liberty because of crimes or infringements or non-compliance with the law, whether they are accused or convicted, but also those persons who are under the custody and supervision of certain institutions, such as: psychiatric hospitals and other establishments for persons with physical, mental, or sensory disabilities; institutions for children and the elderly; centres for migrants, refugees, asylum or refugee status seekers, stateless and undocumented persons; and any other similar institution the purpose of which is to deprive persons of their liberty”.[[fn:39]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":39,"text":"Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, general provision."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0025","docId":"cat-op-gc-1","idx":25,"n":25,"text":"25. Similarly, within the African system of human rights, both the African Court on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Rights interpret the provisions of the African Charter of Human and Peoples’ Rights to encompass the broad approach to deprivation of liberty, underscoring that it may occur in different forms.[[fn:40]] The African Commission on Human and Peoples’ Rights understands the right to liberty as the “right to be free”: “Liberty thus denotes freedom from restraint – the ability to do as one pleases, provided it is done in accordance with established law.”[[fn:41]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":40,"text":"See, for example, African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Libya, Application No. 002/2013, Judgment, 3 June 2016, paras. 78 ff."},{"n":41,"text":"Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v. Sudan, Communication No. 279/03-296/05, 27 May 2009, para. 172."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0026","docId":"cat-op-gc-1","idx":26,"n":26,"text":"26. Lastly, the International Court of Justice, the principal judicial organ of the United Nations, has also made it clear that deprivation of liberty can take place in various forms and can occur in various places.[[fn:42]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":42,"text":"Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo), Merits, Judgment, I.C.J. Reports 2010, p. 639."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0027","docId":"cat-op-gc-1","idx":27,"n":27,"text":"27. Article 4 (2) of the Optional Protocol clearly stipulates that deprivation of liberty can occur in any location, be it a public or a private custodial setting. Consequently, the mandates of national preventive mechanisms and the Subcommittee extend to places beyond prison settings and States parties must ensure access to any privately run institutions, be they criminal justice, administrative, health-care, social care or other settings. Any other approach, limiting the mandate of national preventive mechanisms and of the Subcommittee to public custodial settings only, is contrary to article 4.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","A. Public or private custodial setting"],"citedArticles":[{"article":"4","paragraph":"2","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'Article 4 (2) of the Optional Protocol clearly stipulates that deprivation of liberty can occur in any location' — OPCAT art. 4(2) explicitly."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'contrary to article 4' — same OPCAT art. 4 context; limiting to public settings is contrary to OPCAT art. 4."}]},{"id":"cat-op-gc-1-0028","docId":"cat-op-gc-1","idx":28,"n":28,"text":"28. Moreover, while some institutions may be run by State authorities, many others may be private institutions, institutions whose operation has been outsourced or delegated to private actors and/or institutions run by non-State actors. In all such cases, the State remains responsible for the way in which such contractors carry out that delegation and it cannot absolve itself of the responsibility for how the private companies or other entities run such facilities, given that a duty of care is owed by the State to those deprived of their liberty.[[fn:43]] This includes a duty to allow preventive visits to any such facilities by national preventive mechanisms and the Subcommittee.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":43,"text":"See also Working Group on Arbitrary Detention, revised deliberation No. 5 (A/HRC/39/45, annex), para. 46."}],"section":["III. Constitutive elements of article 4","A. Public or private custodial setting"]},{"id":"cat-op-gc-1-0029","docId":"cat-op-gc-1","idx":29,"n":29,"text":"29. The physical location and status of a place of deprivation of liberty under international law are highly relevant for determining whether a place falls under the mandates of the Subcommittee and national preventive mechanisms. In this regard, the question may arise as to whether a place of deprivation of liberty has to fall simultaneously under both the jurisdiction of a State party and its effective control, or whether the exercise of either jurisdiction or control by a State party suffices to mean that it falls under the visiting mandate of the Subcommittee and the national preventive mechanisms.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0030","docId":"cat-op-gc-1","idx":30,"n":30,"text":"30. There is a linguistic discrepancy in the wording of article 4 of the Optional Protocol among its six authentic texts: the English authentic text contains the phrase “any place under its jurisdiction and control”, while the French authentic text reads “tout lieu placé sous sa juridiction ou sous son contrôle” – meaning “any place under its jurisdiction or control”. The discrepancy cannot be resolved by prioritizing a literal interpretation of one version over the others, given that, in accordance with article 33 of the Vienna Convention on the Law of Treaties, all six versions of the Optional Protocol are equally authoritative.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"opus","rationale":"'wording of article 4 of the Optional Protocol' — OPCAT art.4 explicit."},{"article":"33","treaty":"?","confidence":"high","source":"opus","rationale":"'article 33 of the Vienna Convention on the Law of Treaties' — VCLT, not a UN core treaty."}]},{"id":"cat-op-gc-1-0031","docId":"cat-op-gc-1","idx":31,"n":31,"text":"31. Having regard to article 31 of the Vienna Convention on the Law of Treaties[[fn:44]] and therefore to the object and the purpose of the Optional Protocol and international obligations to prevent torture and other cruel, inhuman or degrading treatment or punishment, the interpretation that maximizes the preventive impact of the work of national preventive mechanisms and the Subcommittee should be applied: article 4 of the Optional Protocol should therefore be read as “jurisdiction or control”. Any other interpretation would lead to unacceptable “grey areas” that cannot be reconciled with the absolute and non-derogable prohibition of torture and cruel, inhuman or degrading treatment or punishment in international law.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":44,"text":"See paragraph 10 above."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"],"citedArticles":[{"article":"31","treaty":"?","confidence":"high","source":"opus","rationale":"'Having regard to article 31 of the Vienna Convention on the Law of Treaties' — VCLT, not a UN core treaty."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"opus","rationale":"'article 4 of the Optional Protocol should therefore be read as jurisdiction or control' — OPCAT art.4 explicit."}]},{"id":"cat-op-gc-1-0032","docId":"cat-op-gc-1","idx":32,"n":32,"text":"32. Consequently, in the Subcommittee’s guidelines on national preventive mechanisms, it is emphasized that the State should allow the national preventive mechanism to visit all, and any suspected, places of deprivation of liberty that are within its jurisdiction. For those purposes, the jurisdiction of the State extends to all those places over which it exercises effective control.[[fn:45]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":45,"text":"CAT/OP/12/5, para. 24."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0033","docId":"cat-op-gc-1","idx":33,"n":33,"text":"33. This interpretation is consistent with that of other treaty bodies. In particular, the Committee against Torture has stated that article 2 of the Convention against Torture requires that each State party take effective measures to prevent acts of torture in any territory under its jurisdiction. The Committee has recognized that “any territory” includes all areas where the State party exercises, directly or indirectly, in whole or in part, de jure or de facto effective control, in accordance with international law. The reference to “any territory” refers to prohibited acts committed not only on board a ship or aircraft registered in a State party, but also during military occupation or peacekeeping operations and in such places as embassies, military bases, detention facilities and other areas over which a State exercises factual or effective control. The Committee considers that the scope of “territory” under article 2 must also include situations where a State party exercises, directly or indirectly, de facto or de jure control over persons in detention.[[fn:46]] The implementation of the Optional Protocol, and specifically the preventive visits undertaken by the mechanisms established pursuant to it, constitute an effective preventive measure that States parties to the Convention against Torture are obliged to undertake, in accordance with articles 2 (1) and 16 (1) of that Convention.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":46,"text":"Committee against Torture, general comment No. 2 (2007), para. 16."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"],"citedArticles":[{"article":"2","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'article 2 of the Convention against Torture requires that each State party take effective measures to prevent acts of torture' — CAT art. 2 (obligation to prevent torture)."},{"article":"2","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text: continued discussion of 'article 2' scope (any territory, including embassies, military bases) — CAT art. 2, same context as above."},{"article":"2","paragraph":"1","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'in accordance with articles 2 (1) and 16 (1) of that Convention' — 'that Convention' = Convention against Torture (CAT); art. 2(1) = obligation to take effective preventive measures."},{"article":"16","paragraph":"1","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'articles 2 (1) and 16 (1) of that Convention' — CAT; art. 16(1) = prohibition of cruel, inhuman or degrading treatment."}]},{"id":"cat-op-gc-1-0034","docId":"cat-op-gc-1","idx":34,"n":34,"text":"34. Equally, the Human Rights Committee, the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families all hold that States parties’ obligations under the respective treaties encompass everyone who may be in a State party’s territory, under its jurisdiction or within its power or effective control, even if not situated within its territory.[[fn:47]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":47,"text":"Human Rights Committee, general comment No. 31 (2004), para. 10; and joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017), para. 12."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0035","docId":"cat-op-gc-1","idx":35,"n":35,"text":"35. The practical relevance for the mechanisms established under the Optional Protocol arises in particular in situations where parts of a State party’s territory are occupied by another State or under the control of non-State actors; where States “outsource” detention or “lease” facilities for detention (e.g. prisons, immigration detention facilities and military bases where deprivation of liberty might take place, including in the context of peacekeeping and peaceenforcement operations) on the territory of another State; during involuntary removals (extradition, expulsion, deportation, etc.) by aircraft, boat or similar; and in cases where States declare certain parts of their territory as “international zones”.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0036","docId":"cat-op-gc-1","idx":36,"n":36,"text":"36. In practice, the Subcommittee has visited and continues to endeavour to visit places of deprivation of liberty within the jurisdiction of a State party but not under its effective control, and vice versa. Likewise, the practice of other international and regional mechanisms mandated to visit places of deprivation of liberty with a view to preventing torture and other forms of ill-treatment demonstrates that, even if a territory is not under the effective control of a State, it may still fall within its jurisdiction and therefore within the mandate of the mechanism.[[fn:48]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":48,"text":"See E/CN.4/2006/6/Add.3; A/HRC/10/44/Add.3; Council of Europe, “Report on the visit to the Transnistrian region of the Republic of Moldova carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment from 27 to 30 November 2000” (CPT/Inf (2002) 35); and Council of Europe, “Report to the Governments of Belgium and the Netherlands on the visit to Tilburg Prison carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment from 17 to 19 October 2011” (CPT/Inf (2012) 19)."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0037","docId":"cat-op-gc-1","idx":37,"n":37,"text":"37. The Subcommittee, in a compilation of advice in response to requests from national preventive mechanisms published in its ninth annual report, set out the practical details for implementation of the Optional Protocol in cross-border situations, such as the leasing by a State party of prisons or immigration detention facilities located on the territory of another State.[[fn:49]] The Subcommittee has established that the sending State should ensure that its national preventive mechanism has the legal and practical capacity to visit persons deprived of their liberty in such settings, in accordance with the provisions of the Optional Protocol. After undertaking such visits, the national preventive mechanism of the sending State should be able to present its recommendations and enter into a dialogue with the authorities of both the sending and the receiving States. Moreover, if the receiving State is a party to the Optional Protocol, its national preventive mechanism should have the right to visit the place of deprivation of liberty and present its recommendations to both the sending and the receiving authorities. In other words, in cross-border situations involving two States parties to the Optional Protocol, the onus is on both parties to facilitate effective preventive visits by their national preventive mechanisms and by the Subcommittee.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":49,"text":"CAT/C/57/4 and CAT/C/57/4/Corr.1, annex, paras. 26–31."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0038","docId":"cat-op-gc-1","idx":38,"n":38,"text":"38. It is not inconceivable that the mechanisms of the Optional Protocol will face limits to their ability in practice to visit places where de facto control is exercised by non-State actors, such as armed insurgent groups, or States that are not parties to the Optional Protocol. However, a State party is still obliged to do everything in its power – for example, through bilateral agreements – to facilitate access by the bodies established under the Optional Protocol to places of deprivation of liberty that are outside its effective control. Lastly, States parties cannot in good faith circumvent their obligations under the Optional Protocol to allow visits by deliberately outsourcing deprivation of liberty onto the territory of third States or to international zones, as this would undermine the object and purpose of the Optional Protocol.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0039","docId":"cat-op-gc-1","idx":39,"n":39,"text":"39. In this context, it is recalled that article 29 of the Optional Protocol requires that its provisions extend to all parts of federal States without any limitations or exceptions. The Subcommittee emphasizes that all places of deprivation of liberty fall under article 4 of the Optional Protocol, irrespective of whether they are run by federal, state or provincial authorities or are within the jurisdiction or under the control of such authorities acting jointly and irrespective of any domestic regulations adopted in this regard.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"],"citedArticles":[{"article":"29","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'article 29 of the Optional Protocol requires that its provisions extend to all parts of federal States' — OPCAT art. 29 (federal clause) explicitly."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'all places of deprivation of liberty fall under article 4 of the Optional Protocol' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0040","docId":"cat-op-gc-1","idx":40,"n":40,"text":"40. Article 4 of the Optional Protocol refers to any place where persons are or may be deprived of their liberty. This is not limited to the conventional view taken of the term “places of deprivation of liberty”, but should be understood comprehensively, in accordance with the object and purpose of the Optional Protocol, to mean any place, facility or setting in which individuals already are or potentially may be deprived of their liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","C. In which persons are or may be deprived of their liberty"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'Article 4 of the Optional Protocol refers to any place where persons are or may be deprived of their liberty' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0041","docId":"cat-op-gc-1","idx":41,"n":41,"text":"41. The Subcommittee has been unwavering in its view that, in order to properly discharge fulfil their obligations under the Optional Protocol, States parties must allow national preventive mechanisms and the Subcommittee access to any place where persons are, or in their opinion may be, deprived of their liberty.[[fn:50]] It is therefore imperative that States parties not only allow both the Subcommittee and national preventive mechanisms full access to any places, facilities or settings in which individuals currently are, previously were or potentially may be deprived of their liberty but also ensure the autonomy of the Subcommittee and the mechanisms to decide which places to visit. Such factors as the duration of the deprivation of liberty, the nature of the facility and the status accorded to it in the domestic legal system are irrelevant for the determination of whether a place constitutes a place of deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":50,"text":"CAT/OP/MEX/2, para. 13."}],"section":["III. Constitutive elements of article 4","C. In which persons are or may be deprived of their liberty"]},{"id":"cat-op-gc-1-0042","docId":"cat-op-gc-1","idx":42,"n":42,"text":"42. The factual element of a person not being “permitted to leave at will” a place, facility or setting is a key consideration of article 4 of the Optional Protocol. Indeed, the deciding factor for the qualification of any place, facility or setting as a place of deprivation of liberty is not the name or title given to it or its categorization in national legislation but whether individuals are free to leave it at will.[[fn:51]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":51,"text":"A/HRC/36/37, para. 56; and A/HRC/37/50, para. 17."}],"section":["III. Constitutive elements of article 4","D. In which persons are not permitted to leave"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'key consideration of article 4 of the Optional Protocol' and 'within the meaning of article 4 of the Optional Protocol' — OPCAT art. 4 explicitly named twice."}]},{"id":"cat-op-gc-1-0043","docId":"cat-op-gc-1","idx":43,"n":43,"text":"43. In this regard, the Subcommittee wishes to emphasize that, in some cases, an individual might be in a place that does not seem to constitute a place of deprivation of liberty but, when examined in the full context of an individual case, does indeed constitute such a place.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","D. In which persons are not permitted to leave"]},{"id":"cat-op-gc-1-0044","docId":"cat-op-gc-1","idx":44,"n":44,"text":"44. Similarly, an individual may be free to leave a place, facility or setting at will but may be unable to exercise that freedom for physical, medical, economic or other reasons, and is therefore compelled to remain. This creates a situation where, despite a theoretical right to leave at will, a person is unable to leave in practice. In certain places, facilities or settings, individuals’ inability to leave may be coupled with a high degree of vulnerability. This is particularly evident in respect of persons in situations of vulnerability, including children, women, survivors of trauma, older persons and persons with disabilities.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","D. In which persons are not permitted to leave"]},{"id":"cat-op-gc-1-0045","docId":"cat-op-gc-1","idx":45,"n":45,"text":"45. Consequently, whether a particular fact or circumstance may be taken to be a deprivation of liberty depends not only on whether the person in question has a de jure right to leave, but also on whether the person is able to exercise that right de facto and is able to do so without being exposed to serious human rights violations.[[fn:52]] Therefore, if the ability to leave such a place, facility or setting would be somehow limited or expose a person to serious human rights violations, that place, facility or setting should also be understood as a place of deprivation of liberty within the meaning of article 4 of the Optional Protocol.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":52,"text":"A/HRC/43/49, para. 65; and Working Group on Arbitrary Detention, opinion No. 22/2020, para. 69."}],"section":["III. Constitutive elements of article 4","D. In which persons are not permitted to leave"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'place of deprivation of liberty within the meaning of article 4 of the Optional Protocol' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0046","docId":"cat-op-gc-1","idx":46,"n":46,"text":"46. Under article 4 (1) of the Optional Protocol, States parties must allow visits to any place under its jurisdiction or control where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence. The Subcommittee has stated that any place in which persons are or may be deprived of their liberty should fall within the scope of the Optional Protocol, provided that such deprivation of liberty relates to a situation in which the State exercises or might be expected to exercise a regulatory function.[[fn:53]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":53,"text":"CAT/OP/MEX/2, para. 13."}],"section":["III. Constitutive elements of article 4","E. By virtue of an order given by a public authority or at its instigation or with its consent or acquiescence"],"citedArticles":[{"article":"4","paragraph":"1","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'Under article 4 (1) of the Optional Protocol, States parties must allow visits' — OPCAT art. 4(1) explicitly."}]},{"id":"cat-op-gc-1-0047","docId":"cat-op-gc-1","idx":47,"n":47,"text":"47. Deprivation of liberty that arises from an order given by a public authority concerns places where individuals are or may be deprived of their liberty and a State exercises or may exercise its regulatory or institutional function with regard to that place. That function may occur through a specific decision or order, often originating in the criminal justice system. However, it can also result from decisions made by other State bodies, such as administrative or judicial or quasi-judicial authorities. Deprivation of liberty that arises at a State’s instigation or with its consent or acquiescence encompasses a broader spectrum of scenarios wherein the State might be expected to exercise a regulatory function and uses its powers to promote, accept or allow deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","E. By virtue of an order given by a public authority or at its instigation or with its consent or acquiescence"]},{"id":"cat-op-gc-1-0048","docId":"cat-op-gc-1","idx":48,"n":48,"text":"48. “Instigation” must be understood in its literal sense, namely, as synonymous with “incitement”, “stimulation”, “inducement”, “solicitation”, “incentive” or “encouragement”. In other words, the authority participates or is involved in the origin of the decision to deprive a person of liberty. Instigation implies using the State’s powers to promote or in any other way aim at causing the deprivation of liberty of an individual. Instigation of the deprivation of liberty of individuals may be undertaken by various actions of State officials and could include media or public statements or any other forms of expression that could be understood as instigating a person, a group of persons or a legal entity to deprive an individual of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","E. By virtue of an order given by a public authority or at its instigation or with its consent or acquiescence"]},{"id":"cat-op-gc-1-0049","docId":"cat-op-gc-1","idx":49,"n":49,"text":"49. Consent and acquiescence concern situations in which State authorities are or should have been aware of the deprivation of liberty but fail to take any actions aimed at preventing or ending it, with consent referring to deprivation of liberty that has been expressly agreed to, and acquiescence referring to tacit consent. In the context of the Optional Protocol, acquiescence may concern situations in which the State tolerates, allows or in any other form chooses to turn a blind eye to deprivation of liberty caused by any other entity or person, allowing the specific situation of deprivation of liberty to take place and not exercising the powers of the authority to prevent, disallow or end it. States are accountable for the actions of both their public officials and private persons or non-State actors if the State, in any way, consents to those actions, either expressly or tacitly. The fact that States may choose not to undertake any actions aimed at preventing or ending such deprivation of liberty or that they may in any other way allow the existence of places of deprivation of liberty outside their authority does not exclude such places from the mandate of the Subcommittee and national preventive mechanisms.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","E. By virtue of an order given by a public authority or at its instigation or with its consent or acquiescence"]},{"id":"cat-op-gc-1-0050","docId":"cat-op-gc-1","idx":50,"n":50,"text":"50. The Subcommittee is mindful of the various traditional forms of justice and treatment prevalent globally that lead or may lead to individuals being deprived of their liberty. In some jurisdictions, traditional forms of justice and treatment, as well as other customary settings, exist alongside the formal legal system and its institutions, with the national legislation explicitly enabling their operation in parallel. In other countries, traditional forms of justice and treatment, as well as various other forms and places of deprivation of liberty, are not designated by national legislation, but nevertheless deprive persons of their liberty in practice. The Subcommittee recalls that all such situations fall within the remit of article 4 of the Optional Protocol through the obligation of the State party to allow visits to any place where a person is or may be deprived of liberty with the consent or acquiescence of a public authority.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","E. By virtue of an order given by a public authority or at its instigation or with its consent or acquiescence"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'fall within the remit of article 4 of the Optional Protocol through the obligation of the State party' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0051","docId":"cat-op-gc-1","idx":51,"n":51,"text":"51. Neither article 4 of the Optional Protocol nor the Subcommittee, in its practice, provides an exhaustive list of places of deprivation of liberty. It is not the Subcommittee’s intention to provide such a list in the present general comment, as that would be restrictive and thus contradict the Optional Protocol. Indeed, throughout the discharge of its mandate, the Subcommittee has established that places and forms of deprivation of liberty include not only prisons and police stations, but also situations of house arrest, closed centres for foreigners and asylum-seekers, centres for children, social care homes, hospital and psychiatric institutions, facilities for military personnel (or detention centres under military jurisdiction),[[fn:54]] clandestine clinics that “treat” homosexuality[[fn:55]] and places of compulsory quarantine and isolation.[[fn:56]] Special boarding or religious schools may also constitute places of deprivation of liberty.[[fn:57]] For example, the Subcommittee has visited daaras[[fn:58]] because it considers that they are places where persons (in particular young children) are or could be deprived of their liberty, with the tacit consent of the State party.[[fn:59]] The Subcommittee has also clearly stated in its visit reports that periods of deprivation of liberty during apprehension, transfer and removal are covered by the Optional Protocol.[[fn:60]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":54,"text":"CAT/OP/KGZ/2, para. 40. See also CAT/OP/NLD/1, para. 45."},{"n":55,"text":"CAT/OP/ECU/2, para. 51."},{"n":56,"text":"See CAT/OP/9."},{"n":57,"text":"CAT/OP/KGZ/2, para. 40."},{"n":58,"text":"Daara is the name used in some countries to designate traditional Qur’anic schools."},{"n":59,"text":"CAT/OP/SEN/RONPM/1, paras. 30 and 31."},{"n":60,"text":"CAT/OP/NLD/1, paras. 42 and 45."}],"section":["IV. Practical implementation of article 4","A. Places of deprivation of liberty visited by the Subcommittee and national preventive mechanisms"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'article 4 of the Optional Protocol nor the Subcommittee' — OPCAT art. 4 explicitly; GC is the OPCAT GC-1 by the Subcommittee."}]},{"id":"cat-op-gc-1-0052","docId":"cat-op-gc-1","idx":52,"n":52,"text":"52. There is convergence in the current practice of national preventive mechanisms regarding a wide, purposeful and effective interpretation of the term “place of deprivation of liberty”. Even in cases where national laws include non-exhaustive lists, national preventive mechanisms have generally gone beyond the listed facilities and visited other settings as part of their regular visiting programme. National preventive mechanisms have highlighted to the Subcommittee the need to ensure their access to all places of deprivation of liberty, whether public or private, non-profit or for-profit, and civil or military. They can include places where persons of any age are held on the orders, at the instigation or with the consent of a public authority, for a variety of reasons, such as being in conflict with the law or for protection, humanitarian or educational reasons. Persons held in places of deprivation of liberty can be there for any period of time, including very short periods, even in transit, and the place itself can be any type of facility and on land, at sea or in the air. Persons held in such places may have entered voluntarily or involuntarily. Deprivation of liberty can also take place when persons are arrested by police on public roads or by private guards in shopping malls, for example. Other places where persons may be de facto deprived of their liberty, such as privately owned or rented housing for persons with intellectual disabilities, owing to restrictions imposed by specific service providers, are also included within the scope of article 4.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["IV. Practical implementation of article 4","A. Places of deprivation of liberty visited by the Subcommittee and national preventive mechanisms"],"citedArticles":[{"treaty":"OPCAT","article":"4","source":"regex"}]},{"id":"cat-op-gc-1-0053","docId":"cat-op-gc-1","idx":53,"n":53,"text":"53. The Subcommittee welcomes the practice of many national preventive mechanisms reflecting a comprehensive understanding of the definition of places of deprivation of liberty, in compliance with the Optional Protocol. While emphasizing that article 4 of the Optional Protocol does not call for any type of exhaustive list, the following are illustrative examples of some of the places that national preventive mechanisms around the world have visited and should continue to visit as part of their obligations under the Optional Protocol: adult prisons; pretrial detention centres; juvenile or socioeducational detention centres; police or other law enforcement units; mental health facilities; nursing homes; orphanages; residences for children and adolescents without parental care or who have suffered neglect or abuse; centres for persons with disabilities; migrant detention centres, such as first reception centres for adults and unaccompanied children and detention and removal centres for migrants; transit zones at international borders; military compounds; vehicles, ships and aeroplanes; coronavirus disease (COVID-19) hotels and other formal places of compulsory quarantine and isolation, or home confinement; rehabilitation and treatment centres for persons with drug use disorders; police training schools; State security service detention facilities; boarding schools and religious schools; public demonstrations; and any gatherings where police practices such as kettling[[fn:61]] are or may be carried out.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":61,"text":"Kettling is a police practice in which group of demonstrators or protesters are confined in a small space as a method of crowd control."}],"section":["IV. Practical implementation of article 4","A. Places of deprivation of liberty visited by the Subcommittee and national preventive mechanisms"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'article 4 of the Optional Protocol does not call for any type of exhaustive list' — OPCAT art. 4 explicitly; obligations under OPCAT for NPMs."}]},{"id":"cat-op-gc-1-0054","docId":"cat-op-gc-1","idx":54,"n":54,"text":"54. The worldwide public health emergency in the context of the COVID-19 pandemic led to the widespread application of modern technologies that, for example, individuals were required to use in the context of compulsory quarantine. These had a direct impact on the right of such persons to personal liberty and, indeed, in some instances, led to them being deprived of their liberty. Similarly, the emergence of digital, non-physical spaces has made it possible to use digital environments for meting out treatment prohibited under articles 1 and 16 of the Convention against Torture.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["IV. Practical implementation of article 4","A. Places of deprivation of liberty visited by the Subcommittee and national preventive mechanisms"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"16","source":"regex"}]},{"id":"cat-op-gc-1-0055","docId":"cat-op-gc-1","idx":55,"n":55,"text":"55. Consequently, mindful of the wide variety of circumstances in which deprivation of liberty occurs or may occur, the Subcommittee underlines that the key element in deciding whether a place is or may be a place of deprivation of liberty is the status of the persons who are or may be deprived of their liberty rather than any official title accorded or description allocated by the national authorities and/or national legislation or others. In this regard, it is paramount that the autonomy and functional independence of the Subcommittee and national preventive mechanisms are fully ensured in practice to enable both to make a fully independent decision as to whether a particular place constitutes or may constitute a place of deprivation of liberty and therefore comes under their respective mandates.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["IV. Practical implementation of article 4","A. Places of deprivation of liberty visited by the Subcommittee and national preventive mechanisms"]},{"id":"cat-op-gc-1-0056","docId":"cat-op-gc-1","idx":56,"n":56,"text":"56. The Subcommittee is mindful of the various settings in which persons in situations of vulnerability, including children and adolescents, older persons, LGBTIQ+ persons, individuals with physical and psychosocial disabilities, Indigenous Peoples and people who use drugs, may be confined, unable to leave at will. Aside from such places as prisons and remand centres, there are specific settings where people are or may be deprived of their liberty, including but not limited to schools and institutions that engage in the care of children, military camps, social care facilities, institutions for persons with disabilities or for persons with drug or alcohol use disorders, drug use treatment centres, orphanages, children’s homes, institutions for the educational supervision of children, psychiatric hospitals, mental health centres, shelters, hostels and migration detention centres. Moreover, in the case of children, there are settings in which they are or may be deprived of their liberty for reasons related to their, or their parents’, migration status, regardless of the name and reason given to the child’s deprivation of liberty, or the name of the facility or location where the child is deprived of liberty. All such places fall under article 4 of the Optional Protocol and therefore under the mandate of the Subcommittee and national preventive mechanisms.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["IV. Practical implementation of article 4","B. Persons in situations of vulnerability"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'All such places fall under article 4 of the Optional Protocol and therefore under the mandate of the Subcommittee and national preventive mechanisms' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0057","docId":"cat-op-gc-1","idx":57,"n":57,"text":"57. The Subcommittee notes that many persons with disabilities are presumed to be unable to live independently, or that support to live independently is not available or is tied to specific living arrangements.[[fn:62]] Although there may be no legal or administrative order confining such persons to a certain facility, the lack of support compels them to remain in living situations that deprive them of their liberty and may subject them to harmful practices. This form of disability-specific deprivation of liberty can occur in family homes and in institutional arrangements, including social care institutions, psychiatric institutions, longstay hospitals, nursing homes, secure dementia wards, special boarding schools, child welfare institutions, group homes, rehabilitation centres, forensic psychiatric settings, albinism hostels, leprosy colonies, religious communities, family-type homes for children and prayer camps.[[fn:63]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":62,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 5 (2017), para. 1."},{"n":63,"text":"CRPD/C/5, paras. 15 and 18."}],"section":["IV. Practical implementation of article 4","B. Persons in situations of vulnerability"]},{"id":"cat-op-gc-1-0058","docId":"cat-op-gc-1","idx":58,"n":58,"text":"58. Therefore, when considering whether a particular place, facility or setting is a place of deprivation of liberty within the meaning of article 4 of the Optional Protocol, it is important that national preventive mechanisms and the Subcommittee ascertain the presence of reasonable accommodation arrangements and support for persons with disabilities. If reasonable accommodation and support are unavailable, the place, facility or setting should be considered a place of deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["IV. Practical implementation of article 4","B. Persons in situations of vulnerability"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 4 of the Optional Protocol'; doc is cat-op-gc-1 from CAT-OP committee, so 'the Optional Protocol' unambiguously refers to OPCAT itself."}]},{"id":"cat-op-gc-1-0059","docId":"cat-op-gc-1","idx":59,"n":59,"text":"59. With the present general comment, the Subcommittee is setting out authoritative guidance on the effective implementation of the Optional Protocol, aimed at clarifying the obligations of States parties and the mandates of the Subcommittee and national preventive mechanisms under article 4. In compliance with the Optional Protocol, the term “places of deprivation of liberty” must be understood as a comprehensive concept that encompasses all situations, as a result of the cumulative reading of the two paragraphs of article 4. Moreover, the concept of places of deprivation of liberty is not fixed or limited. It evolves with time, allowing for the inclusion of novel situations and circumstances of deprivation of liberty that may arise in new contexts. Equally, the inclusion of places where persons may be deprived of their liberty signifies the importance of the autonomous decision-making in this regard by the Subcommittee and national preventive mechanisms. Only with such an approach and effective application may the Optional Protocol fulfil its core objective of preventing torture and other cruel, inhuman or degrading treatment or punishment through visits by the Subcommittee and national preventive mechanisms to all places of deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["V. Obligations of States parties under article 4"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"First ref: 'the mandates of the Subcommittee and national preventive mechanisms under article 4' — OPCAT art.4 defining places of deprivation of liberty."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Second ref: 'the cumulative reading of the two paragraphs of article 4' — same OPCAT art.4, same doc/committee context."}]},{"id":"hri-gen-1-rev-9-vol-i-p-181-0001","docId":"hri-gen-1-rev-9-vol-i-p-181","idx":1,"n":1,"text":"Paragraph 1 requires protection of the “right to hold opinions without interference”. This is a right to which the Covenant permits no exception or restriction. The Committee would welcome information from States parties concerning paragraph 1.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983},{"id":"hri-gen-1-rev-9-vol-i-p-181-0002","docId":"hri-gen-1-rev-9-vol-i-p-181","idx":2,"n":2,"text":"Paragraph 2 requires protection of the right to freedom of expression, which includes not only freedom to “impart information and ideas of all kinds”, but also freedom to “seek” and “receive” them “regardless of frontiers” and in whatever medium, “either orally, in writing or in print, in the form of art, or through any other media of his choice”. Not all States parties have provided information concerning all aspects of the freedom of expression. For instance, little attention has so far been given to the fact that, because of the development of modern mass media, effective measures are necessary to prevent such control of the media as would interfere with the right of everyone to freedom of expression in a way that is not provided for in paragraph 3.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983},{"id":"hri-gen-1-rev-9-vol-i-p-181-0003","docId":"hri-gen-1-rev-9-vol-i-p-181","idx":3,"n":3,"text":"Many State reports confine themselves to mentioning that freedom of expression is guaranteed under the Constitution or the law. However, in order to know the precise regime of freedom of expression in law and in practice, the Committee needs in addition pertinent information about the rules which either define the scope of freedom of expression or which set forth certain restrictions, as well as any other conditions which in practice affect the exercise of this right. It is the interplay between the principle of freedom of expression and such limitations and restrictions which determines the actual scope of the individual’s right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983},{"id":"hri-gen-1-rev-9-vol-i-p-181-0004","docId":"hri-gen-1-rev-9-vol-i-p-181","idx":4,"n":4,"text":"Paragraph 3 expressly stresses that the exercise of the right to freedom of expression carries with it special duties and responsibilities and for this reason certain restrictions on the right are permitted which may relate either to the interests of other persons or to those of the community as a whole. However, when a State party imposes certain restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself. Paragraph 3 lays down conditions and it is only subject to these conditions that restrictions may be imposed: the restrictions must be “provided by law”; they may only be imposed for one of the purposes set out in subparagraphs (a) and (b) of paragraph 3; and they must be justified as being “necessary” for that State party for one of those purposes.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983},{"id":"hri-gen-1-rev-9-vol-i-p-183-0001","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":1,"n":1,"text":"In accordance with the purposes and principles of the Charter of the United Nations, article 1 of the International Covenant on Civil and Political Rights recognizes that all peoples have the right of self‑determination. The right of self‑determination is of particular importance because its realization is an essential condition for the effective guarantee and observance of individual human rights and for the promotion and strengthening of those rights. It is for that reason that States set forth the right of self‑determination in a provision of positive law in both Covenants and placed this provision as article 1 apart from and before all of the other rights in the two Covenants.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"article":"1","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Explicitly 'article 1 of the International Covenant on Civil and Political Rights' (self-determination)."},{"article":"1","treaty":"AMBIGUOUS","confidence":"medium","source":"opus","rationale":"Text says 'as article 1 apart from and before all of the other rights in the two Covenants' — applies equally to ICCPR and ICESCR art. 1."}]},{"id":"hri-gen-1-rev-9-vol-i-p-183-0002","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":2,"n":2,"text":"Article 1 enshrines an inalienable right of all peoples as described in its paragraphs 1 and 2. By virtue of that right they freely “determine their political status and freely pursue their economic, social and cultural development”. The article imposes on all States parties corresponding obligations. This right and the corresponding obligations concerning its implementation are interrelated with other provisions of the Covenant and rules of international law.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-183-0003","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":3,"n":3,"text":"Although the reporting obligations of all States parties include article 1, only some reports give detailed explanations regarding each of its paragraphs. The Committee has noted that many of them completely ignore article 1, provide inadequate information in regard to it or confine themselves to a reference to election laws. The Committee considers it highly desirable that States parties’ reports should contain information on each paragraph of article 1.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"1","source":"regex"},{"treaty":"ICCPR","article":"1","source":"regex"},{"treaty":"ICCPR","article":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-183-0004","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":4,"n":4,"text":"With regard to paragraph 1 of article 1, States parties should describe the constitutional and political processes which in practice allow the exercise of this right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-183-0005","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":5,"n":5,"text":"Paragraph 2 affirms a particular aspect of the economic content of the right of self‑determination, namely the right of peoples, for their own ends, freely to “dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence”. This right entails corresponding duties for all States and the international community. States should indicate any factors or difficulties which prevent the free disposal of their natural wealth and resources contrary to the provisions of this paragraph and to what extent that affects the enjoyment of other rights set forth in the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-183-0006","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":6,"n":6,"text":"Paragraph 3, in the Committee’s opinion, is particularly important in that it imposes specific obligations on States parties, not only in relation to their own peoples but vis‑à‑vis all peoples which have not been able to exercise or have been deprived of the possibility of exercising their right to self‑determination. The general nature of this paragraph is confirmed by its drafting history. It stipulates that “The States parties to the present Covenant, including those having responsibility for the administration of Non‑Self‑Governing and Trust Territories, shall promote the realization of the right of self‑determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations”. The obligations exist irrespective of whether a people entitled to self‑determination depends on a State party to the Covenant or not. It follows that all States parties to the Covenant should take positive action to facilitate realization of and respect for the right of peoples to self‑determination. Such positive action must be consistent with the States’ obligations under the Charter of the United Nations and under international law: in particular, States must refrain from interfering in the internal affairs of other States and thereby adversely affecting the exercise of the right to self‑determination. The reports should contain information on the performance of these obligations and the measures taken to that end.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-183-0007","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":7,"n":7,"text":"In connection with article 1 of the Covenant, the Committee refers to other international instruments concerning the right of all peoples to self‑determination, in particular the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, adopted by the General Assembly on 24 October 1970 (General Assembly resolution 2625 (XXV)).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"article":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Home treaty is ICCPR and text says 'article 1 of the Covenant' in the context of CCPR GC on self-determination under ICCPR."}]},{"id":"hri-gen-1-rev-9-vol-i-p-183-0008","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":8,"n":8,"text":"The Committee considers that history has proved that the realization of and respect for the right of self‑determination of peoples contributes to the establishment of friendly relations and cooperation between States and to strengthening international peace and understanding.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0001","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":1,"n":1,"text":"The Committee notes that article 14 of the Covenant is of a complex nature and that different aspects of its provisions will need specific comments. All of these provisions are aimed at ensuring the proper administration of justice, and to this end uphold a series of individual rights such as equality before the courts and tribunals and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law. Not all reports provided details on the legislative or other measures adopted specifically to implement each of the provisions of article 14.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0002","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":2,"n":2,"text":"In general, the reports of States parties fail to recognize that article 14 applies not only to procedures for the determination of criminal charges against individuals but also to procedures to determine their rights and obligations in a suit at law. Laws and practices dealing with these matters vary widely from State to State. This diversity makes it all the more necessary for States parties to provide all relevant information and to explain in greater detail how the concepts of “criminal charge” and “rights and obligations in a suit at law” are interpreted in relation to their respective legal systems.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0003","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":3,"n":3,"text":"The Committee would find it useful if, in their future reports, States parties could provide more detailed information on the steps taken to ensure that equality before the courts, including equal access to courts, fair and public hearings and competence, impartiality and independence of the judiciary are established by law and guaranteed in practice. In particular, States parties should specify the relevant constitutional and legislative texts which provide for the establishment of the courts and ensure that they are independent, impartial and competent, in particular with regard to the manner in which judges are appointed, the qualifications for appointment, and the duration of their terms of office; the condition governing promotion, transfer and cessation of their functions and the actual independence of the judiciary from the executive branch and the legislative.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0004","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":4,"n":4,"text":"The provisions of article 14 apply to all courts and tribunals within the scope of that article whether ordinary or specialized. The Committee notes the existence, in many countries, of military or special courts which try civilians. This could present serious problems as far as the equitable, impartial and independent administration of justice is concerned. Quite often the reason for the establishment of such courts is to enable exceptional procedures to be applied which do not comply with normal standards of justice. While the Covenant does not prohibit such categories of courts, nevertheless the conditions which it lays down clearly indicate that the trying of civilians by such courts should be very exceptional and take place under conditions which genuinely afford the full guarantees stipulated in article 14. The Committee has noted a serious lack of information in this regard in the reports of some States parties whose judicial institutions include such courts for the trying of civilians. In some countries such military and special courts do not afford the strict guarantees of the proper administration of justice in accordance with the requirements of article 14 which are essential for the effective protection of human rights. If States parties decide in circumstances of a public emergency as contemplated by article 4 to derogate from normal procedures required under article 14, they should ensure that such derogations do not exceed those strictly required by the exigencies of the actual situation, and respect the other conditions in paragraph 1 of article 14.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0005","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":5,"n":5,"text":"The second sentence of article 14, paragraph 1, provides that “everyone shall be entitled to a fair and public hearing”. Paragraph 3 of the article elaborates on the requirements of a “fair hearing” in regard to the determination of criminal charges. However, the requirements of paragraph 3 are minimum guarantees, the observance of which is not always sufficient to ensure the fairness of a hearing as required by paragraph 1.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0006","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":6,"n":6,"text":"The publicity of hearings is an important safeguard in the interest of the individual and of society at large. At the same time article 14, paragraph 1, acknowledges that courts have the power to exclude all or part of the public for reasons spelt out in that paragraph. It should be noted that, apart from such exceptional circumstances, the Committee considers that a hearing must be open to the public in general, including members of the press, and must not, for instance, be limited only to a particular category of persons. It should be noted that, even in cases in which the public is excluded from the trial, the judgement must, with certain strictly defined exceptions, be made public.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0007","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":7,"n":7,"text":"The Committee has noted a lack of information regarding article 14, paragraph 2 and, in some cases, has even observed that the presumption of innocence, which is fundamental to the protection of human rights, is expressed in very ambiguous terms or entails conditions which render it ineffective. By reason of the presumption of innocence, the burden of proof of the charge is on the prosecution and the accused has the benefit of doubt. No guilt can be presumed until the charge has been proved beyond reasonable doubt. Further, the presumption of innocence implies a right to be treated in accordance with this principle. It is, therefore, a duty for all public authorities to refrain from prejudging the outcome of a trial.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0008","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":8,"n":8,"text":"Among the minimum guarantees in criminal proceedings prescribed by paragraph 3, the first concerns the right of everyone to be informed in a language which he understands of the charge against him (subpara. (a)). The Committee notes that State reports often do not explain how this right is respected and ensured. Article 14 (3) (a) applies to all cases of criminal charges, including those of persons not in detention. The Committee notes further that the right to be informed of the charge “promptly” requires that information is given in the manner described as soon as the charge is first made by a competent authority. In the opinion of the Committee this right must arise when in the course of an investigation a court or an authority of the prosecution decides to take procedural steps against a person suspected of a crime or publicly names him as such. The specific requirements of subparagraph 3 (a) may be met by stating the charge either orally or in writing, provided that the information indicates both the law and the alleged facts on which it is based.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","paragraph":"3","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0009","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":9,"n":9,"text":"Subparagraph 3 (b) provides that the accused must have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing. What is “adequate time” depends on the circumstances of each case, but the facilities must include access to documents and other evidence which the accused requires to prepare his case, as well as the opportunity to engage and communicate with counsel. When the accused does not want to defend himself in person or request a person or an association of his choice, he should be able to have recourse to a lawyer. Furthermore, this subparagraph requires counsel to communicate with the accused in conditions giving full respect for the confidentiality of their communications. Lawyers should be able to counsel and to represent their clients in accordance with their established professional standards and judgement without any restrictions, influences, pressures or undue interference from any quarter.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0010","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":10,"n":10,"text":"Subparagraph 3 (c) provides that the accused shall be tried without undue delay. This guarantee relates not only to the time by which a trial should commence, but also the time by which it should end and judgement be rendered; all stages must take place “without undue delay”. To make this right effective, a procedure must be available in order to ensure that the trial will proceed “without undue delay”, both in first instance and on appeal.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0011","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":11,"n":11,"text":"Not all reports have dealt with all aspects of the right of defence as defined in subparagraph 3 (d). The Committee has not always received sufficient information concerning the protection of the right of the accused to be present during the determination of any charge against him nor how the legal system assures his right either to defend himself in person or to be assisted by counsel of his own choosing, or what arrangements are made if a person does not have sufficient means to pay for legal assistance. The accused or his lawyer must have the right to act diligently and fearlessly in pursuing all available defences and the right to challenge the conduct of the case if they believe it to be unfair. When exceptionally for justified reasons trials in absentia are held, strict observance of the rights of the defence is all the more necessary.","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0012","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":12,"n":12,"text":"Subparagraph 3 (e) states that the accused shall be entitled to examine or have examined the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him. This provision is designed to guarantee to the accused the same legal powers of compelling the attendance of witnesses and of examining or cross‑examining any witnesses as are available to the prosecution.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0013","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":13,"n":13,"text":"Subparagraph 3 (f) provides that if the accused cannot understand or speak the language used in court he is entitled to the assistance of an interpreter free of any charge. This right is independent of the outcome of the proceedings and applies to aliens as well as to nationals. It is of basic importance in cases in which ignorance of the language used by a court or difficulty in understanding may constitute a major obstacle to the right of defence.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0014","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":14,"n":14,"text":"Subparagraph 3 (g) provides that the accused may not be compelled to testify against himself or to confess guilt. In considering this safeguard the provisions of article 7 and article 10, paragraph 1, should be borne in mind. In order to compel the accused to confess or to testify against himself, frequently methods which violate these provisions are used. The law should require that evidence provided by means of such methods or any other form of compulsion is wholly unacceptable.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0015","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":15,"n":15,"text":"In order to safeguard the rights of the accused under paragraphs 1 and 3 of article 14, judges should have authority to consider any allegations made of violations of the rights of the accused during any stage of the prosecution.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0016","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":16,"n":16,"text":"Article 14, paragraph 4, provides that in the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. Not many reports have furnished sufficient information concerning such relevant matters as the minimum age at which a juvenile may be charged with a criminal offence, the maximum age at which a person is still considered to be a juvenile, the existence of special courts and procedures, the laws governing procedures against juveniles and how all these special arrangements for juveniles take account of “the desirability of promoting their rehabilitation”. Juveniles are to enjoy at least the same guarantees and protection as are accorded to adults under article 14.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0017","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":17,"n":17,"text":"Article 14, paragraph 5, provides that everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. Particular attention is drawn to the other language versions of the word “crime” (“infraction”, “delito”, “prestuplenie”) which show that the guarantee is not confined only to the most serious offences. In this connection, not enough information has been provided concerning the procedures of appeal, in particular the access to and the powers of reviewing tribunals, what requirements must be satisfied to appeal against a judgement, and the way in which the procedures before review tribunals take account of the fair and public hearing requirements of paragraph 1 of article 14.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0018","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":18,"n":18,"text":"Article 14, paragraph 6, provides for compensation according to law in certain cases of a miscarriage of justice as described therein. It seems from many State reports that this right is often not observed or insufficiently guaranteed by domestic legislation. States should, where necessary, supplement their legislation in this area in order to bring it into line with the provisions of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0019","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":19,"n":19,"text":"In considering State reports differing views have often been expressed as to the scope of paragraph 7 of article 14. Some States parties have even felt the need to make reservations in relation to procedures for the resumption of criminal cases. It seems to the Committee that most States parties make a clear distinction between a resumption of a trial justified by exceptional circumstances and a re‑trial prohibited pursuant to the principle of ne bis in idem as contained in paragraph 7. This understanding of the meaning of ne bis in idem may encourage States parties to reconsider their reservations to article 14, paragraph 7.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-188-0001","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":1,"n":1,"text":"In its general comment No. 6 [16] adopted at its 378th meeting on 27 July 1982, the Human Rights Committee observed that the right to life enunciated in the first paragraph of article 6 of the International Covenant on Civil and Political Rights is the supreme right from which no derogation is permitted even in time of public emergency. The same right to life is enshrined in article 3 of the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on 10 December 1948. It is basic to all human rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"article":"6","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Explicitly 'article 6 of the International Covenant on Civil and Political Rights' (right to life)."},{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Explicitly 'article 3 of the Universal Declaration of Human Rights' — non-treaty."}]},{"id":"hri-gen-1-rev-9-vol-i-p-188-0002","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":2,"n":2,"text":"In its previous general comment, the Committee also observed that it is the supreme duty of States to prevent wars. War and other acts of mass violence continue to be a scourge of humanity and take the lives of thousands of innocent human beings every year.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-188-0003","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":3,"n":3,"text":"While remaining deeply concerned by the toll of human life taken by conventional weapons in armed conflicts, the Committee has noted that, during successive sessions of the General Assembly, representatives from all geographical regions have expressed their growing concern at the development and proliferation of increasingly awesome weapons of mass destruction, which not only threaten human life but also absorb resources that could otherwise be used for vital economic and social purposes, particularly for the benefit of developing countries, and thereby for promoting and securing the enjoyment of human rights for all.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-188-0004","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":4,"n":4,"text":"The Committee associates itself with this concern. It is evident that the designing, testing, manufacture, possession and deployment of nuclear weapons are among the greatest threats to the right to life which confront mankind today. This threat is compounded by the danger that the actual use of such weapons may be brought about, not only in the event of war, but even through human or mechanical error or failure.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-188-0005","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":5,"n":5,"text":"Furthermore, the very existence and gravity of this threat generates a climate of suspicion and fear between States, which is in itself antagonistic to the promotion of universal respect for and observance of human rights and fundamental freedoms in accordance with the Charter of the United Nations and the International Covenants on Human Rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-188-0006","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":6,"n":6,"text":"The production, testing, possession, deployment and use of nuclear weapons should be prohibited and recognized as crimes against humanity.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-188-0007","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":7,"n":7,"text":"The Committee accordingly, in the interest of mankind, calls upon all States, whether Parties to the Covenant or not, to take urgent steps, unilaterally and by agreement, to rid the world of this menace.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-189-0001","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":1,"n":1,"text":"Reports from States parties have often failed to take into account that each State party must ensure the rights in the Covenant to “all individuals within its territory and subject to its jurisdiction” (art. 2, para. 1). In general, the rights set forth in the Covenant apply to everyone, irrespective of reciprocity, and irrespective of his or her nationality or statelessness.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-189-0002","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":2,"n":2,"text":"Thus, the general rule is that each one of the rights of the Covenant must be guaranteed without discrimination between citizens and aliens. Aliens receive the benefit of the general requirement of non‑discrimination in respect of the rights guaranteed in the Covenant, as provided for in article 2 thereof. This guarantee applies to aliens and citizens alike. Exceptionally, some of the rights recognized in the Covenant are expressly applicable only to citizens (art. 25), while article 13 applies only to aliens. However, the Committee’s experience in examining reports shows that in a number of countries other rights that aliens should enjoy under the Covenant are denied to them or are subject to limitations that cannot always be justified under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-189-0003","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":3,"n":3,"text":"A few constitutions provide for equality of aliens with citizens. Some constitutions adopted more recently carefully distinguish fundamental rights that apply to all and those granted to citizens only, and deal with each in detail. In many States, however, the constitutions are drafted in terms of citizens only when granting relevant rights. Legislation and case law may also play an important part in providing for the rights of aliens. The Committee has been informed that in some States fundamental rights, though not guaranteed to aliens by the Constitution or other legislation, will also be extended to them as required by the Covenant. In certain cases, however, there has clearly been a failure to implement Covenant rights without discrimination in respect of aliens.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986},{"id":"hri-gen-1-rev-9-vol-i-p-189-0004","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":4,"n":4,"text":"The Committee considers that in their reports States parties should give attention to the position of aliens, both under their law and in actual practice. The Covenant gives aliens all the protection regarding rights guaranteed therein, and its requirements should be observed by States parties in their legislation and in practice as appropriate. The position of aliens would thus be considerably improved. States parties should ensure that the provisions of the Covenant and the rights under it are made known to aliens within their jurisdiction.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986},{"id":"hri-gen-1-rev-9-vol-i-p-189-0005","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":5,"n":5,"text":"The Covenant does not recognize the right of aliens to enter or reside in the territory of a State party. It is in principle a matter for the State to decide who it will admit to its territory. However, in certain circumstances an alien may enjoy the protection of the Covenant even in relation to entry or residence, for example, when considerations of non‑discrimination, prohibition of inhuman treatment and respect for family life arise.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986},{"id":"hri-gen-1-rev-9-vol-i-p-189-0006","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":6,"n":6,"text":"Consent for entry may be given subject to conditions relating, for example, to movement, residence and employment. A State may also impose general conditions upon an alien who is in transit. However, once aliens are allowed to enter the territory of a State party they are entitled to the rights set out in the Covenant.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986},{"id":"hri-gen-1-rev-9-vol-i-p-189-0007","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":7,"n":7,"text":"Aliens thus have an inherent right to life, protected by law, and may not be arbitrarily deprived of life. They must not be subjected to torture or to cruel, inhuman or degrading treatment or punishment; nor may they be held in slavery or servitude. Aliens have the full right to liberty and security of the person. If lawfully deprived of their liberty, they shall be treated with humanity and with respect for the inherent dignity of their person. Aliens may not be imprisoned for failure to fulfil a contractual obligation. They have the right to liberty of movement and free choice of residence; they shall be free to leave the country. Aliens shall be equal before the courts and tribunals, and shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law in the determination of any criminal charge or of rights and obligations in a suit at law. Aliens shall not be subjected to retrospective penal legislation, and are entitled to recognition before the law. They may not be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence. They have the right to freedom of thought, conscience and religion, and the right to hold opinions and to express them. Aliens receive the benefit of the right of peaceful assembly and of freedom of association. They may marry when at marriageable age. Their children are entitled to those measures of protection required by their status as minors. In those cases where aliens constitute a minority within the meaning of article 27, they shall not be denied the right, in community with other members of their group, to enjoy their own culture, to profess and practise their own religion and to use their own language. Aliens are entitled to equal protection by the law. There shall be no discrimination between aliens and citizens in the application of these rights. These rights of aliens may be qualified only by such limitations as may be lawfully imposed under the Covenant.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-189-0008","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":8,"n":8,"text":"Once an alien is lawfully within a territory, his freedom of movement within the territory and his right to leave that territory may only be restricted in accordance with article 12, paragraph 3. Differences in treatment in this regard between aliens and nationals, or between different categories of aliens, need to be justified under article 12, paragraph 3. Since such restrictions must, inter alia, be consistent with the other rights recognized in the Covenant, a State party cannot, by restraining an alien or deporting him to a third country, arbitrarily prevent his return to his own country (art. 12, para. 4).","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-189-0009","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":9,"n":9,"text":"Many reports have given insufficient information on matters relevant to article 13. That article is applicable to all procedures aimed at the obligatory departure of an alien, whether described in national law as expulsion or otherwise. If such procedures entail arrest, the safeguards of the Covenant relating to deprivation of liberty (arts. 9 and 10) may also be applicable. If the arrest is for the particular purpose of extradition, other provisions of national and international law may apply. Normally an alien who is expelled must be allowed to leave for any country that agrees to take him. The particular rights of article 13 only protect those aliens who are lawfully in the territory of a State party. This means that national law concerning the requirements for entry and stay must be taken into account in determining the scope of that protection, and that illegal entrants and aliens who have stayed longer than the law or their permits allow, in particular, are not covered by its provisions. However, if the legality of an alien’s entry or stay is in dispute, any decision on this point leading to his expulsion or deportation ought to be taken in accordance with article 13. It is for the competent authorities of the State party, in good faith and in the exercise of their powers, to apply and interpret the domestic law, observing, however, such requirements under the Covenant as equality before the law (art. 26).","labels":["Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-189-0010","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":10,"n":10,"text":"Article 13 directly regulates only the procedure and not the substantive grounds for expulsion. However, by allowing only those carried out “in pursuance of a decision reached in accordance with law”, its purpose is clearly to prevent arbitrary expulsions. On the other hand, it entitles each alien to a decision in his own case and, hence, article 13 would not be satisfied with laws or decisions providing for collective or mass expulsions. This understanding, in the opinion of the Committee, is confirmed by further provisions concerning the right to submit reasons against expulsion and to have the decision reviewed by and to be represented before the competent authority or someone designated by it. An alien must be given full facilities for pursuing his remedy against expulsion so that this right will in all the circumstances of his case be an effective one. The principles of article 13 relating to appeal against expulsion and the entitlement to review by a competent authority may only be departed from when “compelling reasons of national security” so require. Discrimination may not be made between different categories of aliens in the application of article 13.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0001","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":1,"n":1,"text":"Article 17 provides for the right of every person to be protected against arbitrary or unlawful interference with his privacy, family, home or correspondence as well as against unlawful attacks on his honour and reputation. In the view of the Committee this right is required to be guaranteed against all such interferences and attacks whether they emanate from State authorities or from natural or legal persons. The obligations imposed by this article require the State to adopt legislative and other measures to give effect to the prohibition against such interferences and attacks as well as to the protection of this right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0002","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":2,"n":2,"text":"In this connection, the Committee wishes to point out that in the reports of States parties to the Covenant the necessary attention is not being given to information concerning the manner in which respect for this right is guaranteed by legislative, administrative or judicial authorities, and in general by the competent organs established in the State. In particular, insufficient attention is paid to the fact that article 17 of the Covenant deals with protection against both unlawful and arbitrary interference. That means that it is precisely in State legislation above all that provision must be made for the protection of the right set forth in that article. At present the reports either say nothing about such legislation or provide insufficient information on the subject.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0003","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":3,"n":3,"text":"The term “unlawful” means that no interference can take place except in cases envisaged by the law. Interference authorized by States can only take place on the basis of law, which itself must comply with the provisions, aims and objectives of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988},{"id":"hri-gen-1-rev-9-vol-i-p-191-0004","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":4,"n":4,"text":"The expression “arbitrary interference” is also relevant to the protection of the right provided for in article 17. In the Committee’s view the expression “arbitrary interference” can also extend to interference provided for under the law. The introduction of the concept of arbitrariness is intended to guarantee that even interference provided for by law should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0005","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":5,"n":5,"text":"Regarding the term “family”, the objectives of the Covenant require that for purposes of article 17 this term be given a broad interpretation to include all those comprising the family as understood in the society of the State party concerned. The term “home” in English, “manzel” in Arabic, “zhùzhái” in Chinese, “domicile” in French, “zhilische” in Russian and “domicilio” in Spanish, as used in article 17 of the Covenant, is to be understood to indicate the place where a person resides or carries out his usual occupation. In this connection, the Committee invites States to indicate in their reports the meaning given in their society to the terms “family” and “home”.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0006","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":6,"n":6,"text":"The Committee considers that the reports should include information on the authorities and organs set up within the legal system of the State which are competent to authorize interference allowed by the law. It is also indispensable to have information on the authorities which are entitled to exercise control over such interference with strict regard for the law, and to know in what manner and through which organs persons concerned may complain of a violation of the right provided for in article 17 of the Covenant. States should in their reports make clear the extent to which actual practice conforms to the law. State party reports should also contain information on complaints lodged in respect of arbitrary or unlawful interference, and the number of any findings in that regard, as well as the remedies provided in such cases.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0007","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":7,"n":7,"text":"As all persons live in society, the protection of privacy is necessarily relative. However, the competent public authorities should only be able to call for such information relating to an individual’s private life the knowledge of which is essential in the interests of society as understood under the Covenant. Accordingly, the Committee recommends that States should indicate in their reports the laws and regulations that govern authorized interferences with private life.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988},{"id":"hri-gen-1-rev-9-vol-i-p-191-0008","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":8,"n":8,"text":"Even with regard to interferences that conform to the Covenant, relevant legislation must specify in detail the precise circumstances in which such interferences may be permitted. A decision to make use of such authorized interference must be made only by the authority designated under the law, and on a case‑by‑case basis. Compliance with article 17 requires that the integrity and confidentiality of correspondence should be guaranteed de jure and de facto. Correspondence should be delivered to the addressee without interception and without being opened or otherwise read. Surveillance, whether electronic or otherwise, interceptions of telephonic, telegraphic and other forms of communication, wire‑tapping and recording of conversations should be prohibited. Searches of a person’s home should be restricted to a search for necessary evidence and should not be allowed to amount to harassment. So far as personal and body search is concerned, effective measures should ensure that such searches are carried out in a manner consistent with the dignity of the person who is being searched. Persons being subjected to body search by State officials, or medical personnel acting at the request of the State, should only be examined by persons of the same sex.","labels":["LGBTI+"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0009","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":9,"n":9,"text":"States parties are under a duty themselves not to engage in interferences inconsistent with article 17 of the Covenant and to provide the legislative framework prohibiting such acts by natural or legal persons.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0010","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":10,"n":10,"text":"The gathering and holding of personal information on computers, data banks and other devices, whether by public authorities or private individuals or bodies, must be regulated by law. Effective measures have to be taken by States to ensure that information concerning a person’s private life does not reach the hands of persons who are not authorized by law to receive, process and use it, and is never used for purposes incompatible with the Covenant. In order to have the most effective protection of his private life, every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data is stored in automatic data files, and for what purposes. Every individual should also be able to ascertain which public authorities or private individuals or bodies control or may control their files. If such files contain incorrect personal data or have been collected or processed contrary to the provisions of the law, every individual should have the right to request rectification or elimination.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988},{"id":"hri-gen-1-rev-9-vol-i-p-191-0011","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":11,"n":11,"text":"Article 17 affords protection to personal honour and reputation and States are under an obligation to provide adequate legislation to that end. Provision must also be made for everyone effectively to be able to protect himself against any unlawful attacks that do occur and to have an effective remedy against those responsible. States parties should indicate in their reports to what extent the honour or reputation of individuals is protected by law and how this protection is achieved according to their legal system.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0001","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":1,"n":1,"text":"Article 24 of the International Covenant on Civil and Political Rights recognizes the right of every child, without any discrimination, to receive from his family, society and the State the protection required by his status as a minor. Consequently, the implementation of this provision entails the adoption of special measures to protect children, in addition to the measures that States are required to take under article 2 to ensure that everyone enjoys the rights provided for in the Covenant. The reports submitted by States parties often seem to underestimate this obligation and supply inadequate information on the way in which children are afforded enjoyment of their right to a special protection.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0002","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":2,"n":2,"text":"In this connection, the Committee points out that the rights provided for in article 24 are not the only ones that the Covenant recognizes for children and that, as individuals, children benefit from all of the civil rights enunciated in the Covenant. In enunciating a right, some provisions of the Covenant expressly indicate to States measures to be adopted with a view to affording minors greater protection than adults. Thus, as far as the right to life is concerned, the death penalty cannot be imposed for crimes committed by persons under 18 years of age. Similarly, if lawfully deprived of their liberty, accused juvenile persons shall be separated from adults and are entitled to be brought as speedily as possible for adjudication; in turn, convicted juvenile offenders shall be subject to a penitentiary system that involves segregation from adults and is appropriate to their age and legal status, the aim being to foster reformation and social rehabilitation. In other instances, children are protected by the possibility of the restriction ‑ provided that such restriction is warranted ‑ of a right recognized by the Covenant, such as the right to publicize a judgement in a suit at law or a criminal case, from which an exception may be made when the interest of the minor so requires.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0003","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":3,"n":3,"text":"In most cases, however, the measures to be adopted are not specified in the Covenant and it is for each State to determine them in the light of the protection needs of children in its territory and within its jurisdiction. The Committee notes in this regard that such measures, although intended primarily to ensure that children fully enjoy the other rights enunciated in the Covenant, may also be economic, social and cultural. For example, every possible economic and social measure should be taken to reduce infant mortality and to eradicate malnutrition among children and to prevent them from being subjected to acts of violence and cruel and inhuman treatment or from being exploited by means of forced labour or prostitution, or by their use in the illicit trafficking of narcotic drugs, or by any other means. In the cultural field, every possible measure should be taken to foster the development of their personality and to provide them with a level of education that will enable them to enjoy the rights recognized in the Covenant, particularly the right to freedom of opinion and expression. Moreover, the Committee wishes to draw the attention of States parties to the need to include in their reports information on measures adopted to ensure that children do not take a direct part in armed conflicts.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-193-0004","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":4,"n":4,"text":"The right to special measures of protection belongs to every child because of his status as a minor. Nevertheless, the Covenant does not indicate the age at which he attains his majority. This is to be determined by each State party in the light of the relevant social and cultural conditions. In this respect, States should indicate in their reports the age at which the child attains his majority in civil matters and assumes criminal responsibility. States should also indicate the age at which a child is legally entitled to work and the age at which he is treated as an adult under labour law. States should further indicate the age at which a child is considered adult for the purposes of article 10, paragraphs 2 and 3. However, the Committee notes that the age for the above purposes should not be set unreasonably low and that in any case a State party cannot absolve itself from its obligations under the Covenant regarding persons under the age of 18, notwithstanding that they have reached the age of majority under domestic law.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0005","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":5,"n":5,"text":"The Covenant requires that children should be protected against discrimination on any grounds such as race, colour, sex, language, religion, national or social origin, property or birth. In this connection, the Committee notes that, whereas non‑discrimination in the enjoyment of the rights provided for in the Covenant also stems, in the case of children, from article 2 and their equality before the law from article 26, the non‑discrimination clause contained in article 24 relates specifically to the measures of protection referred to in that provision. Reports by States parties should indicate how legislation and practice ensure that measures of protection are aimed at removing all discrimination in every field, including inheritance, particularly as between children who are nationals and children who are aliens or as between legitimate children and children born out of wedlock.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0006","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":6,"n":6,"text":"Responsibility for guaranteeing children the necessary protection lies with the family, society and the State. Although the Covenant does not indicate how such responsibility is to be apportioned, it is primarily incumbent on the family, which is interpreted broadly to include all persons composing it in the society of the State party concerned, and particularly on the parents, to create conditions to promote the harmonious development of the child’s personality and his enjoyment of the rights recognized in the Covenant. However, since it is quite common for the father and mother to be gainfully employed outside the home, reports by States parties should indicate how society, social institutions and the State are discharging their responsibility to assist the family in ensuring the protection of the child. Moreover, in cases where the parents and the family seriously fail in their duties, ill‑treat or neglect the child, the State should intervene to restrict parental authority and the child may be separated from his family when circumstances so require. If the marriage is dissolved, steps should be taken, keeping in view the paramount interest of the children, to give them necessary protection and, so far as is possible, to guarantee personal relations with both parents. The Committee considers it useful that reports by States parties should provide information on the special measures of protection adopted to protect children who are abandoned or deprived of their family environment in order to enable them to develop in conditions that most closely resemble those characterizing the family environment.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-193-0007","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":7,"n":7,"text":"Under article 24, paragraph 2, every child has the right to be registered immediately after birth and to have a name. In the Committee’s opinion, this provision should be interpreted as being closely linked to the provision concerning the right to special measures of protection and it is designed to promote recognition of the child’s legal personality. Providing for the right to have a name is of special importance in the case of children born out of wedlock. The main purpose of the obligation to register children after birth is to reduce the danger of abduction, sale of or traffic in children, or of other types of treatment that are incompatible with the enjoyment of the rights provided for in the Covenant. Reports by States parties should indicate in detail the measures that ensure the immediate registration of children born in their territory.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0008","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":8,"n":8,"text":"Special attention should also be paid, in the context of the protection to be granted to children, to the right of every child to acquire a nationality, as provided for in article 24, paragraph 3. While the purpose of this provision is to prevent a child from being afforded less protection by society and the State because he is stateless, it does not necessarily make it an obligation for States to give their nationality to every child born in their territory. However, States are required to adopt every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he is born. In this connection, no discrimination with regard to the acquisition of nationality should be admissible under internal law as between legitimate children and children born out of wedlock or of stateless parents or based on the nationality status of one or both of the parents. The measures adopted to ensure that children have a nationality should always be referred to in reports by States parties.","labels":["Children","Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0001","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":1,"n":1,"text":"Non‑discrimination, together with equality before the law and equal protection of the law without any discrimination, constitute a basic and general principle relating to the protection of human rights. Thus, article 2, paragraph 1, of the International Covenant on Civil and Political Rights obligates each State party to respect and ensure to all persons within its territory and subject to its jurisdiction the rights recognized in the Covenant without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 26 not only entitles all persons to equality before the law as well as equal protection of the law but also prohibits any discrimination under the law and guarantees to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0002","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":2,"n":2,"text":"Indeed, the principle of non‑discrimination is so basic that article 3 obligates each State party to ensure the equal right of men and women to the enjoyment of the rights set forth in the Covenant. While article 4, paragraph 1, allows States parties to take measures derogating from certain obligations under the Covenant in time of public emergency, the same article requires, inter alia, that those measures should not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. Furthermore, article 20, paragraph 2, obligates States parties to prohibit, by law, any advocacy of national, racial or religious hatred which constitutes incitement to discrimination.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0003","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":3,"n":3,"text":"Because of their basic and general character, the principle of non‑discrimination as well as that of equality before the law and equal protection of the law are sometimes expressly referred to in articles relating to particular categories of human rights. Article 14, paragraph 1, provides that all persons shall be equal before the courts and tribunals, and paragraph 3 of the same article provides that, in the determination of any criminal charge against him, everyone shall be entitled, in full equality, to the minimum guarantees enumerated in subparagraphs (a) to (g) of paragraph 3. Similarly, article 25 provides for the equal participation in public life of all citizens, without any of the distinctions mentioned in article 2.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0004","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":4,"n":4,"text":"It is for the States parties to determine appropriate measures to implement the relevant provisions. However, the Committee is to be informed about the nature of such measures and their conformity with the principles of non‑discrimination and equality before the law and equal protection of the law.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-195-0005","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":5,"n":5,"text":"The Committee wishes to draw the attention of States parties to the fact that the Covenant sometimes expressly requires them to take measures to guarantee the equality of rights of the persons concerned. For example, article 23, paragraph 4, stipulates that States parties shall take appropriate steps to ensure equality of rights as well as responsibilities of spouses as to marriage, during marriage and at its dissolution. Such steps may take the form of legislative, administrative or other measures, but it is a positive duty of States parties to make certain that spouses have equal rights as required by the Covenant. In relation to children, article 24 provides that all children, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, have the right to such measures of protection as are required by their status as minors, on the part of their family, society and the State.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"},{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0006","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":6,"n":6,"text":"The Committee notes that the Covenant neither defines the term “discrimination” nor indicates what constitutes discrimination. However, article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination provides that the term “racial discrimination” shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. Similarly, article 1 of the Convention on the Elimination of All Forms of Discrimination against Women provides that “discrimination against women” shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination provides that the term \"racial discrimination\" shall mean…' — this is CERD art. 1. The regex tagged ICCPR by default but the sentence names CERD."},{"article":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 1 of the Convention on the Elimination of All Forms of Discrimination against Women provides that \"discrimination against women\" shall mean…' — this is CEDAW art. 1. Again regex defaulted to ICCPR but the sentence is unambiguous."}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0007","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":7,"n":7,"text":"While these conventions deal only with cases of discrimination on specific grounds, the Committee believes that the term “discrimination” as used in the Covenant should be understood to imply any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-195-0008","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":8,"n":8,"text":"The enjoyment of rights and freedoms on an equal footing, however, does not mean identical treatment in every instance. In this connection, the provisions of the Covenant are explicit. For example, article 6, paragraph 5, prohibits the death sentence from being imposed on persons below 18 years of age. The same paragraph prohibits that sentence from being carried out on pregnant women. Similarly, article 10, paragraph 3, requires the segregation of juvenile offenders from adults. Furthermore, article 25 guarantees certain political rights, differentiating on grounds of citizenship.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0009","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":9,"n":9,"text":"Reports of many States parties contain information regarding legislative as well as administrative measures and court decisions which relate to protection against discrimination in law, but they very often lack information which would reveal discrimination in fact. When reporting on articles 2 (1), 3 and 26 of the Covenant, States parties usually cite provisions of their constitution or equal opportunity laws with respect to equality of persons. While such information is of course useful, the Committee wishes to know if there remain any problems of discrimination in fact, which may be practised either by public authorities, by the community, or by private persons or bodies. The Committee wishes to be informed about legal provisions and administrative measures directed at diminishing or eliminating such discrimination.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0010","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":10,"n":10,"text":"The Committee also wishes to point out that the principle of equality sometimes requires States parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant. For example, in a State where the general conditions of a certain part of the population prevent or impair their enjoyment of human rights, the State should take specific action to correct those conditions. Such action may involve granting for a time to the part of the population concerned certain preferential treatment in specific matters as compared with the rest of the population. However, as long as such action is needed to correct discrimination in fact, it is a case of legitimate differentiation under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-195-0011","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":11,"n":11,"text":"Both article 2, paragraph 1, and article 26 enumerate grounds of discrimination such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The Committee has observed that in a number of constitutions and laws not all the grounds on which discrimination is prohibited, as cited in article 2, paragraph 1, are enumerated. The Committee would therefore like to receive information from States parties as to the significance of such omissions.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0012","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":12,"n":12,"text":"While article 2 limits the scope of the rights to be protected against discrimination to those provided for in the Covenant, article 26 does not specify such limitations. That is to say, article 26 provides that all persons are equal before the law and are entitled to equal protection of the law without discrimination, and that the law shall guarantee to all persons equal and effective protection against discrimination on any of the enumerated grounds. In the view of the Committee, article 26 does not merely duplicate the guarantee already provided for in article 2 but provides in itself an autonomous right. It prohibits discrimination in law or in fact in any field regulated and protected by public authorities. Article 26 is therefore concerned with the obligations imposed on States parties in regard to their legislation and the application thereof. Thus, when legislation is adopted by a State party, it must comply with the requirement of article 26 that its content should not be discriminatory. In other words, the application of the principle of non‑discrimination contained in article 26 is not limited to those rights which are provided for in the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0013","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":13,"n":13,"text":"Finally, the Committee observes that not every differentiation of treatment will constitute discrimination, if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose which is legitimate under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-198-0001","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":1,"n":1,"text":"Article 23 of the International Covenant on Civil and Political Rights recognizes that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Protection of the family and its members is also guaranteed, directly or indirectly, by other provisions of the Covenant. Thus, article 17 establishes a prohibition on arbitrary or unlawful interference with the family. In addition, article 24 of the Covenant specifically addresses the protection of the rights of the child, as such or as a member of a family. In their reports, States parties often fail to give enough information on how the State and society are discharging their obligation to provide protection to the family and the persons composing it.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-198-0002","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":2,"n":2,"text":"The Committee notes that the concept of the family may differ in some respects from State to State, and even from region to region within a State, and that it is therefore not possible to give the concept a standard definition. However, the Committee emphasizes that, when a group of persons is regarded as a family under the legislation and practice of a State, it must be given the protection referred to in article 23. Consequently, States parties should report on how the concept and scope of the family is construed or defined in their own society and legal system. Where diverse concepts of the family, “nuclear” and “extended”, exist within a State, this should be indicated with an explanation of the degree of protection afforded to each. In view of the existence of various forms of family, such as unmarried couples and their children or single parents and their children, States parties should also indicate whether and to what extent such types of family and their members are recognized and protected by domestic law and practice.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-198-0003","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":3,"n":3,"text":"Ensuring the protection provided for under article 23 of the Covenant requires that States parties should adopt legislative, administrative or other measures. States parties should provide detailed information concerning the nature of such measures and the means whereby their effective implementation is assured. In fact, since the Covenant also recognizes the right of the family to protection by society, States parties’ reports should indicate how the necessary protection is granted to the family by the State and other social institutions, whether and to what extent the State gives financial or other support to the activities of such institutions, and how it ensures that these activities are compatible with the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-198-0004","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":4,"n":4,"text":"Article 23, paragraph 2, of the Covenant reaffirms the right of men and women of marriageable age to marry and to found a family. Paragraph 3 of the same article provides that no marriage shall be entered into without the free and full consent of the intending spouses. States parties’ reports should indicate whether there are restrictions or impediments to the exercise of the right to marry based on special factors such as degree of kinship or mental incapacity. The Covenant does not establish a specific marriageable age either for men or for women, but that age should be such as to enable each of the intending spouses to give his or her free and full personal consent in a form and under conditions prescribed by law. In this connection, the Committee wishes to note that such legal provisions must be compatible with the full exercise of the other rights guaranteed by the Covenant; thus, for instance, the right to freedom of thought, conscience and religion implies that the legislation of each State should provide for the possibility of both religious and civil marriages. In the Committee’s view, however, for a State to require that a marriage, which is celebrated in accordance with religious rites, be conducted, affirmed or registered also under civil law is not incompatible with the Covenant. States are also requested to include information on this subject in their reports.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-198-0005","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":5,"n":5,"text":"The right to found a family implies, in principle, the possibility to procreate and live together. When States parties adopt family planning policies, they should be compatible with the provisions of the Covenant and should, in particular, not be discriminatory or compulsory. Similarly, the possibility to live together implies the adoption of appropriate measures, both at the internal level and as the case may be, in cooperation with other States, to ensure the unity or reunification of families, particularly when their members are separated for political, economic or similar reasons.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990},{"id":"hri-gen-1-rev-9-vol-i-p-198-0006","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":6,"n":6,"text":"Article 23, paragraph 4, of the Covenant provides that States parties shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-198-0007","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":7,"n":7,"text":"With regard to equality as to marriage, the Committee wishes to note in particular that no sex‑based discrimination should occur in respect of the acquisition or loss of nationality by reason of marriage. Likewise, the right of each spouse to retain the use of his or her original family name or to participate on an equal basis in the choice of a new family name should be safeguarded.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990},{"id":"hri-gen-1-rev-9-vol-i-p-198-0008","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":8,"n":8,"text":"During marriage, the spouses should have equal rights and responsibilities in the family. This equality extends to all matters arising from their relationship, such as choice of residence, running of the household, education of the children and administration of assets. Such equality continues to be applicable to arrangements regarding legal separation or dissolution of the marriage.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990},{"id":"hri-gen-1-rev-9-vol-i-p-198-0009","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":9,"n":9,"text":"Thus, any discriminatory treatment in regard to the grounds and procedures for separation or divorce, child custody, maintenance or alimony, visiting rights or the loss or recovery of parental authority must be prohibited, bearing in mind the paramount interest of the children in this connection. States parties should, in particular, include information in their reports concerning the provision made for the necessary protection of any children at the dissolution of a marriage or on the separation of the spouses","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990},{"id":"hri-gen-1-rev-9-vol-i-p-200-0001","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":1,"n":1,"text":"This general comment replaces general comment No. 7 (the sixteenth session, 1982) reflecting and further developing it.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-200-0002","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":2,"n":2,"text":"The aim of the provisions of article 7 of the International Covenant on Civil and Political Rights is to protect both the dignity and the physical and mental integrity of the individual. It is the duty of the State party to afford everyone protection through legislative and other measures as may be necessary against the acts prohibited by article 7, whether inflicted by people acting in their official capacity, outside their official capacity or in a private capacity. The prohibition in article 7 is complemented by the positive requirements of article 10, paragraph 1, of the Covenant, which stipulates that “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0003","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":3,"n":3,"text":"The text of article 7 allows of no limitation. The Committee also reaffirms that, even in situations of public emergency such as those referred to in article 4 of the Covenant, no derogation from the provision of article 7 is allowed and its provisions must remain in force. The Committee likewise observes that no justification or extenuating circumstances may be invoked to excuse a violation of article 7 for any reasons, including those based on an order from a superior officer or public authority.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0004","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":4,"n":4,"text":"The Covenant does not contain any definition of the concepts covered by article 7, nor does the Committee consider it necessary to draw up a list of prohibited acts or to establish sharp distinctions between the different kinds of punishment or treatment; the distinctions depend on the nature, purpose and severity of the treatment applied.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0005","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":5,"n":5,"text":"The prohibition in article 7 relates not only to acts that cause physical pain but also to acts that cause mental suffering to the victim. In the Committee’s view, moreover, the prohibition must extend to corporal punishment, including excessive chastisement ordered as punishment for a crime or as an educative or disciplinary measure. It is appropriate to emphasize in this regard that article 7 protects, in particular, children, pupils and patients in teaching and medical institutions.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0006","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":6,"n":6,"text":"The Committee notes that prolonged solitary confinement of the detained or imprisoned person may amount to acts prohibited by article 7. As the Committee has stated in its general comment No. 6 (16), article 6 of the Covenant refers generally to abolition of the death penalty in terms that strongly suggest that abolition is desirable. Moreover, when the death penalty is applied by a State party for the most serious crimes, it must not only be strictly limited in accordance with article 6 but it must be carried out in such a way as to cause the least possible physical and mental suffering.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0007","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":7,"n":7,"text":"Article 7 expressly prohibits medical or scientific experimentation without the free consent of the person concerned. The Committee notes that the reports of States parties generally contain little information on this point. More attention should be given to the need and means to ensure observance of this provision. The Committee also observes that special protection in regard to such experiments is necessary in the case of persons not capable of giving valid consent, and in particular those under any form of detention or imprisonment. Such persons should not be subjected to any medical or scientific experimentation that may be detrimental to their health.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0008","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":8,"n":8,"text":"The Committee notes that it is not sufficient for the implementation of article 7 to prohibit such treatment or punishment or to make it a crime. States parties should inform the Committee of the legislative, administrative, judicial and other measures they take to prevent and punish acts of torture and cruel, inhuman and degrading treatment in any territory under their jurisdiction.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0009","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":9,"n":9,"text":"In the view of the Committee, States parties must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of their extradition, expulsion or refoulement. States parties should indicate in their reports what measures they have adopted to that end.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-200-0010","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":10,"n":10,"text":"The Committee should be informed how States parties disseminate, to the population at large, relevant information concerning the ban on torture and the treatment prohibited by article 7. Enforcement personnel, medical personnel, police officers and any other persons involved in the custody or treatment of any individual subjected to any form of arrest, detention or imprisonment must receive appropriate instruction and training. States parties should inform the Committee of the instruction and training given and the way in which the prohibition of article 7 forms an integral part of the operational rules and ethical standards to be followed by such persons.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0011","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":11,"n":11,"text":"In addition to describing steps to provide the general protection against acts prohibited under article 7 to which anyone is entitled, the State party should provide detailed information on safeguards for the special protection of particularly vulnerable persons. It should be noted that keeping under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment is an effective means of preventing cases of torture and ill‑treatment. To guarantee the effective protection of detained persons, provisions should be made for detainees to be held in places officially recognized as places of detention and for their names and places of detention, as well as for the names of persons responsible for their detention, to be kept in registers readily available and accessible to those concerned, including relatives and friends. To the same effect, the time and place of all interrogations should be recorded, together with the names of all those present and this information should also be available for purposes of judicial or administrative proceedings. Provisions should also be made against incommunicado detention. In that connection, States parties should ensure that any places of detention be free from any equipment liable to be used for inflicting torture or ill‑treatment. The protection of the detainee also requires that prompt and regular access be given to doctors and lawyers and, under appropriate supervision when the investigation so requires, to family members.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0012","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":12,"n":12,"text":"It is important for the discouragement of violations under article 7 that the law must prohibit the use of admissibility in judicial proceedings of statements or confessions obtained through torture or other prohibited treatment.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0013","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":13,"n":13,"text":"States parties should indicate when presenting their reports the provisions of their criminal law which penalize torture and cruel, inhuman and degrading treatment or punishment, specifying the penalties applicable to such acts, whether committed by public officials or other persons acting on behalf of the State, or by private persons. Those who violate article 7, whether by encouraging, ordering, tolerating or perpetrating prohibited acts, must be held responsible. Consequently, those who have refused to obey orders must not be punished or subjected to any adverse treatment.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0014","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":14,"n":14,"text":"Article 7 should be read in conjunction with article 2, paragraph 3, of the Covenant. In their reports, States parties should indicate how their legal system effectively guarantees the immediate termination of all the acts prohibited by article 7 as well as appropriate redress. The right to lodge complaints against maltreatment prohibited by article 7 must be recognized in the domestic law. Complaints must be investigated promptly and impartially by competent authorities so as to make the remedy effective. The reports of States parties should provide specific information on the remedies available to victims of maltreatment and the procedure that complainants must follow, and statistics on the number of complaints and how they have been dealt with.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0015","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":15,"n":15,"text":"The Committee has noted that some States have granted amnesty in respect of acts of torture. Amnesties are generally incompatible with the duty of States to investigate such acts; to guarantee freedom from such acts within their jurisdiction; and to ensure that they do not occur in the future. States may not deprive individuals of the right to an effective remedy, including compensation and such full rehabilitation as may be possible.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0001","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":1,"n":1,"text":"This general comment replaces general comment No. 9 (the sixteenth session, 1982) reflecting and further developing it.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0002","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":2,"n":2,"text":"Article 10, paragraph 1, of the International Covenant on Civil and Political Rights applies to any one deprived of liberty under the laws and authority of the State who is held in prisons, hospitals ‑ particularly psychiatric hospitals ‑ detention camps or correctional institutions or elsewhere. States parties should ensure that the principle stipulated therein is observed in all institutions and establishments within their jurisdiction where persons are being held.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0003","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":3,"n":3,"text":"Article 10, paragraph 1, imposes on States parties a positive obligation towards persons who are particularly vulnerable because of their status as persons deprived of liberty, and complements for them the ban on torture or other cruel, inhuman or degrading treatment or punishment contained in article 7 of the Covenant. Thus, not only may persons deprived of their liberty not be subjected to treatment that is contrary to article 7, including medical or scientific experimentation, but neither may they be subjected to any hardship or constraint other than that resulting from the deprivation of liberty; respect for the dignity of such persons must be guaranteed under the same conditions as for that of free persons. Persons deprived of their liberty enjoy all the rights set forth in the Covenant, subject to the restrictions that are unavoidable in a closed environment.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0004","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":4,"n":4,"text":"Treating all persons deprived of their liberty with humanity and with respect for their dignity is a fundamental and universally applicable rule. Consequently, the application of this rule, as a minimum, cannot be dependent on the material resources available in the State party. This rule must be applied without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0005","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":5,"n":5,"text":"States parties are invited to indicate in their reports to what extent they are applying the relevant United Nations standards applicable to the treatment of prisoners: the Standard Minimum Rules for the Treatment of Prisoners (1957), the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988), the Code of Conduct for Law Enforcement Officials (1978) and the Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1982).","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0006","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":6,"n":6,"text":"The Committee recalls that reports should provide detailed information on national legislative and administrative provisions that have a bearing on the right provided for in article 10, paragraph 1. The Committee also considers that it is necessary for reports to specify what concrete measures have been taken by the competent authorities to monitor the effective application of the rules regarding the treatment of persons deprived of their liberty. States parties should include in their reports information concerning the system for supervising penitentiary establishments, the specific measures to prevent torture and cruel, inhuman or degrading treatment, and how impartial supervision is ensured.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0007","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":7,"n":7,"text":"Furthermore, the Committee recalls that reports should indicate whether the various applicable provisions form an integral part of the instruction and training of the personnel who have authority over persons deprived of their liberty and whether they are strictly adhered to by such personnel in the discharge of their duties. It would also be appropriate to specify whether arrested or detained persons have access to such information and have effective legal means enabling them to ensure that those rules are respected, to complain if the rules are ignored and to obtain adequate compensation in the event of a violation.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0008","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":8,"n":8,"text":"The Committee recalls that the principle set forth in article 10, paragraph 1, constitutes the basis for the more specific obligations of States parties in respect of criminal justice, which are set forth in article 10, paragraphs 2 and 3.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0009","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":9,"n":9,"text":"Article 10, paragraph 2 (a), provides for the segregation, save in exceptional circumstances, of accused persons from convicted ones. Such segregation is required in order to emphasize their status as unconvicted persons who at the same time enjoy the right to be presumed innocent as stated in article 14, paragraph 2. The reports of States parties should indicate how the separation of accused persons from convicted persons is effected and explain how the treatment of accused persons differs from that of convicted persons.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0010","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":10,"n":10,"text":"As to article 10, paragraph 3, which concerns convicted persons, the Committee wishes to have detailed information on the operation of the penitentiary system of the State party. No penitentiary system should be only retributory; it should essentially seek the reformation and social rehabilitation of the prisoner. States parties are invited to specify whether they have a system to provide assistance after release and to give information as to its success.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0011","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":11,"n":11,"text":"In a number of cases, the information furnished by the State party contains no specific reference either to legislative or administrative provisions or to practical measures to ensure the re‑education of convicted persons. The Committee requests specific information concerning the measures taken to provide teaching, education and re‑education, vocational guidance and training and also concerning work programmes for prisoners inside the penitentiary establishment as well as outside.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0012","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":12,"n":12,"text":"In order to determine whether the principle set forth in article 10, paragraph 3, is being fully respected, the Committee also requests information on the specific measures applied during detention, e.g., how convicted persons are dealt with individually and how they are categorized, the disciplinary system, solitary confinement and high‑security detention and the conditions under which contacts are ensured with the outside world (family, lawyer, social and medical services, non‑governmental organizations).","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0013","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":13,"n":13,"text":"Moreover, the Committee notes that in the reports of some States parties no information has been provided concerning the treatment accorded to accused juvenile persons and juvenile offenders. Article 10, paragraph 2 (b), provides that accused juvenile persons shall be separated from adults. The information given in reports shows that some States parties are not paying the necessary attention to the fact that this is a mandatory provision of the Covenant. The text also provides that cases involving juveniles must be considered as speedily as possible. Reports should specify the measures taken by States parties to give effect to that provision. Lastly, under article 10, paragraph 3, juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status insofar as conditions of detention are concerned, such as shorter working hours and contact with relatives, with the aim of furthering their reformation and rehabilitation. Article 10 does not indicate any limits of juvenile age. While this is to be determined by each State party in the light of relevant social, cultural and other conditions, the Committee is of the opinion that article 6, paragraph 5, suggests that all persons under the age of 18 should be treated as juveniles, at least in matters relating to criminal justice. States should give relevant information about the age groups of persons treated as juveniles. In that regard, States parties are invited to indicate whether they are applying the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, known as the Beijing Rules (1987).","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0001","docId":"ccpr-c-21-rev-1-add-4","idx":1,"n":1,"text":"The right to freedom of thought, conscience and religion (which includes the freedom to hold beliefs) in article 18 (1) is far-reaching and profound; it encompasses freedom of thoughts on all matters, personal conviction and the commitment to religion or belief, whether manifested individually or in community with others. The Committee draws the attention of States parties to the fact that the freedom of thought and the freedom of conscience are protected equally with the freedom of religion and belief. The fundamental character of these freedoms is also reflected in the fact that this provision cannot be derogated from, even in time of public emergency, as stated in article 4 (2) of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"section":["General comment No. 5: Article 4 (Derogations)"],"citedArticles":[{"treaty":"ICCPR","article":"18","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"4","paragraph":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0002","docId":"ccpr-c-21-rev-1-add-4","idx":2,"n":2,"text":"Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms belief and religion are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious community.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"section":["General comment No. 5: Article 4 (Derogations)"],"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0003","docId":"ccpr-c-21-rev-1-add-4","idx":3,"n":3,"text":"Article 18 distinguishes the freedom of thought, conscience, religion or belief from the freedom to manifest religion or belief. It does not permit any limitations whatsoever on the freedom of thought and conscience or on the freedom to have or adopt a religion or belief of one’s choice. These freedoms are protected unconditionally, as is the right of everyone to hold opinions without interference in article 19 (1). In accordance with articles 18 (2) and 17, no one can be compelled to reveal his thoughts or adherence to a religion or belief.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"section":["General comment No. 5: Article 4 (Derogations)"],"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"19","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0004","docId":"ccpr-c-21-rev-1-add-4","idx":4,"n":4,"text":"The freedom to manifest religion or belief may be exercised \"either individually or in community with others and in public or private\". The freedom to manifest religion or belief in worship, observance, practice and teaching encompasses a broad range of acts. The concept of worship extends to ritual and ceremonial acts giving direct expression to belief, as well as various practices integral to such acts, including the building of places of worship, the use of ritual formulae and objects, the display of symbols, and the observance of holidays and days of rest. The observance and practice of religion or belief may include not only ceremonial acts but also such customs as the observance of dietary regulations, the wearing of distinctive clothing or headcoverings, participation in rituals associated with certain stages of life, and the use of a particular language customarily spoken by a group. In addition, the practice and teaching of religion or belief includes acts integral to the conduct by religious groups of their basic affairs, such as, inter alia, the freedom to choose their religious leaders, priests and teachers, the freedom to establish seminaries or religious schools and the freedom to prepare and distribute religious texts or publications.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993},{"id":"ccpr-c-21-rev-1-add-4-0005","docId":"ccpr-c-21-rev-1-add-4","idx":5,"n":5,"text":"The Committee observes that the freedom to \"have or to adopt\" a religion or belief necessarily entails the freedom to choose a religion or belief, including, inter alia, the right to replace one’s current religion or belief with another or to adopt atheistic views, as well as the right to retain one’s religion or belief. Article 18 (2) bars coercions that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs and congregations, to recant their religion or belief or to convert. Policies or practices having the same intention or effect, such as for example those restricting access to education, medical care, employment or the rights guaranteed by article 25 and other provisions of the Covenant are similarly inconsistent with article 18 (2). The same protection is enjoyed by holders of all beliefs of a non-religious nature.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0006","docId":"ccpr-c-21-rev-1-add-4","idx":6,"n":6,"text":"The Committee is of the view that article 18 (4) permits public school instruction in subjects such as the general history of religions and ethics if it is given in a neutral and objective way. The liberty of parents or legal guardians to ensure that their children receive a religious and moral education in conformity with their own convictions, set forth in article 18 (4), is related to the guarantees of the freedom to teach a religion or belief stated in article 18 (1). The Committee notes that public education that includes instruction in a particular religion or belief is inconsistent with article 18 (4) unless provision is made for non-discriminatory exemptions or alternatives that would accommodate the wishes of parents and guardians.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","paragraph":"4","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"4","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0007","docId":"ccpr-c-21-rev-1-add-4","idx":7,"n":7,"text":"According to article 20, no manifestation of religions or beliefs may amount to propaganda for war or advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. As stated by the Committee in its General Comment 11 [19], States parties are under the obligation to enact laws to prohibit such acts.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0008","docId":"ccpr-c-21-rev-1-add-4","idx":8,"n":8,"text":"Article 18 (3) permits restrictions on the freedom to manifest religion or belief only if limitations are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. The freedom from coercion to have or to adopt a religion or belief and the liberty of the parents and guardians to ensure religious and moral education cannot be restricted. In interpreting the scope of permissible limitation clauses, States parties should proceed from the need to protect the rights guaranteed under the Covenant, including the right to equality and non-discrimination on all grounds specified in articles 2, 3 and 26. Limitations imposed must be established by law and must not be applied in a manner that would vitiate the rights guaranteed in article 18. The Committee observes that paragraph 3 of article 18 is to be strictly interpreted: restrictions are not allowed on grounds not specified there, even if they would be allowed as restrictions to other rights protected in the Covenant, such as national security. Limitations may be applied only for those purposes for which they were prescribed and must be directly related and proportionate to the specific need on which they are predicated. Restrictions may not be imposed for discriminatory purposes or applied in a discriminatory manner. The Committee observes that the concept of morals derives from many social, philosophical and religious traditions; consequently, limitations on the freedom to manifest a religion or belief for the purpose of protecting morals must be based on principles not deriving exclusively from a single tradition. Persons already subject to certain legitimate constraints, such as prisoners, continue to enjoy their rights to manifest their religion or belief to the fullest extent compatible with the specific nature of the constraint. States parties’ reports should provide information on the full scope and effects of limitations under article 18 (3), both as a matter of law and of their application in specific circumstances.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0009","docId":"ccpr-c-21-rev-1-add-4","idx":9,"n":9,"text":"The fact that a religion is recognized as a State religion or that it is established as official or traditional or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the Covenant, including articles 18 and 27, nor in any discrimination against adherents of other religions or non-believers. In particular, certain measures discriminating against the latter, such as measures restricting eligibility for government service to members of the predominant religion or giving economic privileges to them or imposing special restrictions on the practice of other faiths, are not in accordance with the prohibition of discrimination based on religion or belief and the guarantee of equal protection under article 26. The measures contemplated by article 20, paragraph 2, of the Covenant constitute important safeguards against infringements of the rights of religious minorities and of other religious groups to exercise the rights guaranteed by articles 18 and 27, and against acts of violence or persecution directed toward those groups. The Committee wishes to be informed of measures taken by States parties concerned to protect the practices of all religions or beliefs from infringement and to protect their followers from discrimination. Similarly, information as to respect for the rights of religious minorities under article 27 is necessary for the Committee to assess the extent to which the freedom of thought, conscience, religion and belief has been implemented by States parties. States parties concerned should also include in their reports information relating to practices considered by their laws and jurisprudence to be punishable as blasphemous.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0010","docId":"ccpr-c-21-rev-1-add-4","idx":10,"n":10,"text":"If a set of beliefs is treated as official ideology in constitutions, statutes, proclamations of the ruling parties, etc., or in actual practice, this shall not result in any impairment of the freedoms under article 18 or any other rights recognized under the Covenant nor in any discrimination against persons who do not accept the official ideology or who oppose it.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0011","docId":"ccpr-c-21-rev-1-add-4","idx":11,"n":11,"text":"Many individuals have claimed the right to refuse to perform military service (conscientious objection) on the basis that such right derives from their freedoms under article 18. In response to such claims, a growing number of States have in their laws exempted from compulsory military service citizens who genuinely hold religious or other beliefs that forbid the performance of military service and replaced it with alternative national service. The Covenant does not explicitly refer to a right of conscientious objection, but the Committee believes that such a right can be derived from article 18, inasmuch as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one’s religion or belief. When this right is recognized by law or practice, there shall be no differentiation among conscientious objectors on the basis of the nature of their particular beliefs; likewise, there shall be no discrimination against conscientious objectors because they have failed to perform military service. The Committee invites States parties to report on the conditions under which persons can be exempted from military service on the basis of their rights under article 18 and on the nature and length of alternative national service.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0001","docId":"ccpr-c-21-rev-1-add-5","idx":1,"n":1,"text":"Article 27 of the Covenant provides that, in those States in which ethnic, religious or linguistic minorities exist, persons belonging to these minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language. The Committee observes that this article establishes and recognizes a right which is conferred on individuals belonging to minority groups and which is distinct from, and additional to, all the other rights which, as individuals in common with everyone else, they are already entitled to enjoy under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0002","docId":"ccpr-c-21-rev-1-add-5","idx":2,"n":2,"text":"In some communications submitted to the Committee under the Optional Protocol, the right protected under article 27 has been confused with the right of peoples to self-determination proclaimed in article 1 of the Covenant. Further, in reports submitted by States parties under article 40 of the Covenant, the obligations placed upon States parties under article 27 have sometimes been confused with their duty under article 2(1) to ensure the enjoyment of the rights guaranteed under the Covenant without discrimination and also with equality before the law and equal protection of the law under article 26. __________ */Adopted by the Committee at its 1314th meeting (fiftieth session) on 6 April 1994 1","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"citedArticles":[{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text says 'the right protected under article 27' in context of the Covenant; CCPR GC on minorities (art.27 ICCPR)."},{"article":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the right of peoples to self-determination proclaimed in article 1 of the Covenant' — ICCPR art.1."},{"article":"40","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'reports submitted by States parties under article 40 of the Covenant' — ICCPR art.40 (State reporting obligation)."},{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second mention: 'obligations placed upon States parties under article 27' — ICCPR art.27."},{"article":"2","paragraph":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'their duty under article 2(1) to ensure the enjoyment of the rights guaranteed under the Covenant without discrimination' — ICCPR art.2(1)."},{"article":"26","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'equality before the law and equal protection of the law under article 26' — ICCPR art.26."}]},{"id":"ccpr-c-21-rev-1-add-5-0003","docId":"ccpr-c-21-rev-1-add-5","idx":3,"n":3,"text":"1. The Covenant draws a distinction between the right to self-determination and the rights protected under article 27. The former is expressed to be a right belonging to peoples and is dealt with in a separate part (Part I) of the Covenant. Self-determination is not a right cognizable under the Optional Protocol. Article 27, on the other hand, relates to rights conferred on individuals as such and is included, like the articles relating to other personal rights conferred on individuals, in Part III of the Covenant and is cognizable under the Optional Protocol[[fn:1]]. 3.2 The enjoyment of the rights to which article 27 relates does not prejudice the sovereignty and territorial integrity of a State party. At the same time, one or other aspect of the rights of individuals protected under that article - for example, to enjoy a particular culture - may consist in a way of life which is closely associated with territory and use of its resources[[fn:2]]. This may particularly be true of members of indigenous communities constituting a minority.","labels":["Indigenous peoples"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":1,"text":"See Official Records of the General Assembly, Thirty-ninth Session, Supplement No.40 (A/39/40), annex VI, General Comment No. 12(21) (article 1), also issued in document CCPR/C/21/Rev.1; ibid. Forty-fifth Session, Supplement No.40, (A/45/40), vol.II, Annex IX, Sect.A, communication No.167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band, v. Canada), views adopted on 26 March 1990."},{"n":2,"text":"See ibid., Forty-third Session, Supplement No.40 (A/43/40), annex VII, sect.G, communication No. 197/1985 (Kitok v. Sweden), views adopted on 27 July 1988.","isIbid":true,"resolvedText":"See Official Records of the General Assembly, Thirty-ninth Session, Supplement No.40 (A/39/40), annex VI, General Comment No. 12(21) (article 1), also issued in document CCPR/C/21/Rev.1; ibid. Forty-fifth Session, Supplement No.40, (A/45/40), vol.II, Annex IX, Sect.A, communication No.167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band, v. Canada), views adopted on 26 March 1990."}],"citedArticles":[{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'rights protected under article 27' — ICCPR art.27 (minority rights); 'Optional Protocol' referenced only as procedural vehicle, not source of art.27."},{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second ref: 'Article 27, on the other hand, relates to rights conferred on individuals' — ICCPR art.27."},{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Third ref: 'the rights to which article 27 relates does not prejudice the sovereignty' — ICCPR art.27."}]},{"id":"ccpr-c-21-rev-1-add-5-0004","docId":"ccpr-c-21-rev-1-add-5","idx":4,"n":4,"text":"The Covenant also distinguishes the rights protected under article 27 from the guarantees under articles 2(1) and 26. The entitlement, under article 2(1), to enjoy the rights under the Covenant without discrimination applies to all individuals within the territory or under the jurisdiction of the State whether or not those persons belong to a minority. In addition, there is a distinct right provided under article 26 for equality before the law, equal protection of the law, and non-discrimination in respect of rights granted and obligations imposed by the States. It governs the exercise of all rights, whether protected under the Covenant or not, which the State party confers by law on individuals within its territory or under its jurisdiction, irrespective of whether they belong to the minorities specified in article 27 or not[[fn:3]]. Some States parties who claim that they do not discriminate on grounds of ethnicity, language or religion, wrongly contend, on that basis alone, that they have no minorities.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":3,"text":"See ibid., Forty-second Session, Supplement No.40 (A/42/40), annex VIII, sect.D, communication No. 182/1984 (F.H. Zwaan-de Vries v. the Netherlands), views adopted on 9 April 1987; ibid. sect.C, communication No.180/1984 (L.G. Danning v. the Netherlands), views adopted on 9 April 1987.","isIbid":true,"resolvedText":"See Official Records of the General Assembly, Thirty-ninth Session, Supplement No.40 (A/39/40), annex VI, General Comment No. 12(21) (article 1), also issued in document CCPR/C/21/Rev.1; ibid. Forty-fifth Session, Supplement No.40, (A/45/40), vol.II, Annex IX, Sect.A, communication No.167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band, v. Canada), views adopted on 26 March 1990."}],"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0005","docId":"ccpr-c-21-rev-1-add-5","idx":5,"n":5,"text":"1. The terms used in article 27 indicate that the persons designed to be protected are those who belong to a group and who share in common a culture, a religion and/or a language. Those terms also indicate that the individuals designed to be protected need not be citizens of the State party. In this regard, the obligations deriving from article 2(1) are also relevant, since a State party is required under that article to ensure that the rights protected under the Covenant are available to all individuals within its territory and subject to its jurisdiction, except rights which are expressly made to apply to citizens, for example, political rights under article 25. A State party may not, therefore, restrict the rights under article 27 to its citizens alone. 5.2. Article 27 confers rights on persons belonging to minorities which \"exist\" in a State party. Given the nature and scope of the rights envisaged under that article, it is not relevant to determine the degree of permanence that the term \"exist\" connotes. 2 Those rights simply are that individuals belonging to those minorities should not be denied the right, in community with members of their group, to enjoy their own culture, to practice their religion and speak their language. Just as they need not be nationals or citizens, they need not be permanent residents. Thus, migrant workers or even visitors in a State party constituting such minorities are entitled not to be denied the exercise of those rights. As any other individual in the territory of the State party, they would, also for this purpose, have the general rights, for example, to freedom of association, of assembly, and of expression. The existence of an ethnic, religious or linguistic minority in a given State party does not depend upon a decision by that State party but requires to be established by objective criteria. 5.3. The right of individuals belonging to a linguistic minority to use their language among themselves, in private or in public, is distinct from other language rights protected under the Covenant. In particular, it should be distinguished from the general right to freedom of expression protected under article 19. The latter right is available to all persons, irrespective of whether they belong to minorities or not. Further, the right protected under article 27 should be distinguished from the particular right which article 14(3)(f) of the Covenant confers on accused persons to interpretation where they cannot understand or speak the language used in the courts. Article 14(3)(f) does not, in any other circumstances, confer on accused persons the right to use or speak the language of their choice in court proceedings[[fn:4]].","labels":["Migrants"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":4,"text":"See ibid. Forty-fifth Session, Supplement No.40, (A/45/40), vol.II, Annex X, sect.A, communication No.220/1987 (T.K. v. France), decision of 8 November 1989; ibid. sect.B, communication No. 222/1987 (M.K. v. France), decision of 8 November 1989.","isIbid":true,"resolvedText":"See Official Records of the General Assembly, Thirty-ninth Session, Supplement No.40 (A/39/40), annex VI, General Comment No. 12(21) (article 1), also issued in document CCPR/C/21/Rev.1; ibid. Forty-fifth Session, Supplement No.40, (A/45/40), vol.II, Annex IX, Sect.A, communication No.167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band, v. Canada), views adopted on 26 March 1990."}],"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"14","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"14","paragraph":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0006","docId":"ccpr-c-21-rev-1-add-5","idx":6,"n":6,"text":"1. Although article 27 is expressed in negative terms, that article, nevertheless, does recognize the existence of a \"right\" and requires that it shall not be denied. Consequently, a State party is under an obligation to ensure that the existence and the exercise of this right are protected against their denial or violation. Positive measures of protection are, therefore, required not only against the acts of the State party itself, whether through its legislative, judicial or administrative authorities, but also against the acts of other persons within the State party. 6.2. Although the rights protected under article 27 are individual rights, they depend in turn on the ability of the minority group to maintain its culture, language or religion. Accordingly, positive measures by States may also be necessary to protect the identity of a minority and the rights of its members to enjoy and develop their culture and language and to practice their religion, in community with the other members of the group. In this connection, it has to be observed that such positive measures must respect the provisions of articles 2(1) and 26 of the Covenant both as regards the treatment between different minorities and the treatment between the persons belonging to them and the remaining part of the population. However, as long as those measures are aimed at correcting conditions which prevent or impair the enjoyment of the rights guaranteed under article 27, they may constitute a legitimate differentiation under the 3 Covenant, provided that they are based on reasonable and objective criteria.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0007","docId":"ccpr-c-21-rev-1-add-5","idx":7,"n":7,"text":"With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, specially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law[[fn:5]]. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them.","labels":["Indigenous peoples"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":5,"text":"See Notes 1 and 2 above, communication No.167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band, v. Canada), views adopted on 26 March 1990 and communication No. 197/1985 (Kitok v. Sweden), views adopted on 27 July 1988."}],"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0008","docId":"ccpr-c-21-rev-1-add-5","idx":8,"n":8,"text":"The Committee observes that none of the rights protected under article 27 of the Covenant may be legitimately exercised in a manner or to an extent inconsistent with the other provisions of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0009","docId":"ccpr-c-21-rev-1-add-5","idx":9,"n":9,"text":"The Committee concludes that article 27 relates to rights whose protection imposes specific obligations on States parties. The protection of these rights is directed to ensure the survival and continued development of the cultural, religious and social identity of the minorities concerned, thus enriching the fabric of society as a whole. Accordingly, the Committee observes that these rights must be protected as such and should not be confused with other personal rights conferred on one and all under the Covenant. States parties, therefore, have an obligation to ensure that the exercise of these rights is fully protected and they should indicate in their reports the measures they have adopted to this end.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0001","docId":"ccpr-c-21-rev-1-add-6","idx":1,"n":1,"text":"[[fn:1]] As of 1 November 1994, 46 of the 127 States parties to the International Covenant on Civil and Political Rights had, between them, entered 150 reservations of varying significance to their acceptance of the obligations of the Covenant. Some of these reservations exclude the duty to provide and guarantee particular rights in the Covenant. Others are couched in more general terms, often directed to ensuring the continued paramountcy of certain domestic legal provisions. Still others are directed at the competence of the Committee. The number of reservations, their content and their scope may undermine the effective implementation of the Covenant and tend to weaken respect for the obligations of States parties. It is important for States parties to know exactly what obligations they, and other States parties, have in fact undertaken. And the Committee, in the performance of its duties under either article 40 of the Covenant or under the Optional Protocols, must know whether a State is bound by a particular obligation or to what extent. This will require a determination as to whether a unilateral statement is a reservation or an interpretative declaration and a determination of its acceptability and effects.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":1,"text":"Adopted by the Committee at its 1382nd meeting (fifty-second session) on 2 November 1994."}],"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0002","docId":"ccpr-c-21-rev-1-add-6","idx":2,"n":2,"text":"For these reasons the Committee has deemed it useful to address in a General Comment the issues of international law and human rights policy that arise. The General Comment identifies the principles of international law that apply to the making of reservations and by reference to which their acceptability is to be tested and their purport to be interpreted. It addresses the role of States parties in relation to the reservations of others. It further addresses the role of the Committee itself in relation to reservations. And it makes certain recommendations to present States parties for a reviewing of reservations and to those States that are not yet parties about legal and human rights policy considerations to be borne in mind should they consider ratifying or acceding with particular reservations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0003","docId":"ccpr-c-21-rev-1-add-6","idx":3,"n":3,"text":"It is not always easy to distinguish a reservation from a declaration as to a State’s understanding of the interpretation of a provision, or from a statement of policy. Regard will be had to the intention of the State, rather than the form of the instrument. If a statement, irrespective of its name or title, purports to exclude or modify the legal effect of a treaty in its application to the State, it constitutes a reservation[[fn:2]].Conversely, if a so-called reservation merely offers a State’s understanding of a provision but does not exclude or modify that provision in its application to that State, it is, in reality, not a reservation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":2,"text":"Article 2 (1) (d), Vienna Convention on the Law of Treaties 1969."}],"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0004","docId":"ccpr-c-21-rev-1-add-6","idx":4,"n":4,"text":"The possibility of entering reservations may encourage States which consider that they have difficulties in guaranteeing all the rights in the Covenant none the less to accept the generality of obligations in that instrument. Reservations may serve a useful function to enable States to adapt specific elements in their laws to the inherent rights of each person as articulated in the Covenant. However, it is desirable in principle that States accept the full range of obligations, because the human rights norms are the legal expression of the essential rights that every person is entitled to as a human being.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0005","docId":"ccpr-c-21-rev-1-add-6","idx":5,"n":5,"text":"The Covenant neither prohibits reservations nor mentions any type of permitted reservation. The same is true of the first Optional Protocol. The Second Optional Protocol provides, in article 2, paragraph 1, that \"No reservation is admissible to the present Protocol, except for a reservation made at the time of ratification or accession that provides for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime\". Paragraphs 2 and 3 provide for certain procedural obligations.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"article":"2","paragraph":"1","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'The Second Optional Protocol provides, in article 2, paragraph 1, that No reservation is admissible to the present Protocol except...' — this is ICCPR-OP2 art.2(1), not ICCPR art.2. Override from regex default ICCPR."}]},{"id":"ccpr-c-21-rev-1-add-6-0006","docId":"ccpr-c-21-rev-1-add-6","idx":6,"n":6,"text":"The absence of a prohibition on reservations does not mean that any reservation is permitted. The matter of reservations under the Covenant and the first Optional Protocol is governed by international law. Article 19 (3) of the Vienna Convention on the Law of Treaties provides relevant guidance[[fn:3]]. It stipulates that where a reservation is not prohibited by the treaty or falls within the specified permitted categories, a State may make a reservation provided it is not incompatible with the object and purpose of the treaty. Even though, unlike some other human rights treaties, the Covenant does not incorporate a specific reference to the object and purpose test, that test governs the matter of interpretation and acceptability of reservations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":3,"text":"Although the Vienna Convention on the Law of Treaties was concluded in 1969 and entered into force in 1980 - i.e. after the entry into force of the Covenant - its terms reflect the general international law on this matter as had already been affirmed by the International Court of Justice in The Reservations to the Genocide Convention Case of 1951."}],"section":["political rights"],"citedArticles":[{"article":"19","paragraph":"3","treaty":"?","confidence":"high","source":"opus","rationale":"'Article 19 (3) of the Vienna Convention on the Law of Treaties provides relevant guidance' — VCLT, not a UN core treaty. Regex wrongly matched as ICCPR."}]},{"id":"ccpr-c-21-rev-1-add-6-0007","docId":"ccpr-c-21-rev-1-add-6","idx":7,"n":7,"text":"In an instrument which articulates very many civil and political rights, each of the many articles, and indeed their interplay, secures the objectives of the Covenant. The object and purpose of the Covenant is to create legally binding standards for human rights by defining certain civil and political rights and placing them in a framework of obligations which are legally binding for those States which ratify; and to provide an efficacious supervisory machinery for the obligations undertaken.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0008","docId":"ccpr-c-21-rev-1-add-6","idx":8,"n":8,"text":"Reservations that offend peremptory norms would not be compatible with the object and purpose of the Covenant. Although treaties that are mere exchanges of obligations between States allow them to reserve inter se application of rules of general international law, it is otherwise in human rights treaties, which are for the benefit of persons within their jurisdiction. Accordingly, provisions in the Covenant that represent customary international law (and a fortiori when they have the character of peremptory norms) may not be the subject of reservations. Accordingly, a State may not reserve the right to engage in slavery, to torture, to subject persons to cruel, inhuman or degrading treatment or punishment, to arbitrarily deprive persons of their lives, to arbitrarily arrest and detain persons, to deny freedom of thought, conscience and religion, to presume a person guilty unless he proves his innocence, to execute pregnant women or children, to permit the advocacy of national, racial or religious hatred, to deny to persons of marriageable age the right to marry, or to deny to minorities the right to enjoy their own culture, profess their own religion, or use their own language. And while reservations to particular clauses of article 14 may be acceptable, a general reservation to the right to a fair trial would not be.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0009","docId":"ccpr-c-21-rev-1-add-6","idx":9,"n":9,"text":"Applying more generally the object and purpose test to the Covenant, the Committee notes that, for example, reservation to article 1 denying peoples the right to determine their own political status and to pursue their economic, social and cultural development, would be incompatible with the object and purpose of the Covenant. Equally, a reservation to the obligation to respect and ensure the rights, and to do so on a non-discriminatory basis (article 2 (1)) would not be acceptable. Nor may a State reserve an entitlement not to take the necessary steps at the domestic level to give effect to the rights of the Covenant (article 2 (2)).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"1","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0010","docId":"ccpr-c-21-rev-1-add-6","idx":10,"n":10,"text":"The Committee has further examined whether categories of reservations may offend the \"object and purpose\" test. In particular, it falls for consideration as to whether reservations to the non-derogable provisions of the Covenant are compatible with its object and purpose. While there is no hierarchy of importance of rights under the Covenant, the operation of certain rights may not be suspended, even in times of national emergency. This underlines the great importance of non-derogable rights. But not all rights of profound importance, such as articles 9 and 27 of the Covenant, have in fact been made non-derogable. One reason for certain rights being made non-derogable is because their suspension is irrelevant to the legitimate control of the state of national emergency (for example, no imprisonment for debt, in article 11). Another reason is that derogation may indeed be impossible (as, for example, freedom of conscience). At the same time, some provisions are non-derogable exactly because without them there would be no rule of law. A reservation to the provisions of article 4 itself, which precisely stipulates the balance to be struck between the interests of the State and the rights of the individual in times of emergency, would fall in this category. And some non-derogable rights, which in any event cannot be reserved because of their status as peremptory norms, are also of this character - the prohibition of torture and arbitrary deprivation of life[[fn:4]] are examples. While there is no automatic correlation between reservations to non-derogable provisions, and reservations which offend against the object and purpose of the Covenant, a State has a heavy onus to justify such a reservation.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":4,"text":"Reservations have been entered to both article 6 and article 7, but not in terms which reserve a right to torture or to engage in arbitrary deprivation of life."}],"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"11","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0011","docId":"ccpr-c-21-rev-1-add-6","idx":11,"n":11,"text":"The Covenant consists not just of the specified rights, but of important supportive guarantees. These guarantees provide the necessary framework for securing the rights in the Covenant and are thus essential to its object and purpose. Some operate at the national level and some at the international level. Reservations designed to remove these guarantees are thus not acceptable. Thus, a State could not make a reservation to article 2, paragraph 3, of the Covenant, indicating that it intends to provide no remedies for human rights violations. Guarantees such as these are an integral part of the structure of the Covenant and underpin its efficacy. The Covenant also envisages, for the better attainment of its stated objectives, a monitoring role for the Committee. Reservations that purport to evade that essential element in the design of the Covenant, which is also directed to securing the enjoyment of the rights, are also incompatible with its object and purpose. A State may not reserve the right not to present a report and have it considered by the Committee. The Committee’s role under the Covenant, whether under article 40 or under the Optional Protocols, necessarily entails interpreting the provisions of the Covenant and the development of a jurisprudence. Accordingly, a reservation that rejects the Committee’s competence to interpret the requirements of any provisions of the Covenant would also be contrary to the object and purpose of that treaty.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0012","docId":"ccpr-c-21-rev-1-add-6","idx":12,"n":12,"text":"The intention of the Covenant is that the rights contained therein should be ensured to all those under a State party’s jurisdiction. To this end certain attendant requirements are likely to be necessary. Domestic laws may need to be altered properly to reflect the requirements of the Covenant; and mechanisms at the domestic level will be needed to allow the Covenant rights to be enforceable at the local level. Reservations often reveal a tendency of States not to want to change a particular law. And sometimes that tendency is elevated to a general policy. Of particular concern are widely formulated reservations which essentially render ineffective all Covenant rights which would require any change in national law to ensure compliance with Covenant obligations. No real international rights or obligations have thus been accepted. And when there is an absence of provisions to ensure that Covenant rights may be sued on in domestic courts, and, further, a failure to allow individual complaints to be brought to the Committee under the first Optional Protocol, all the essential elements of the Covenant guarantees have been removed.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0013","docId":"ccpr-c-21-rev-1-add-6","idx":13,"n":13,"text":"The issue arises as to whether reservations are permissible under the first Optional Protocol and, if so, whether any such reservation might be contrary to the object and purpose of the Covenant or of the first Optional Protocol itself. It is clear that the first Optional Protocol is itself an international treaty, distinct from the Covenant but closely related to it. Its object and purpose is to recognize the competence of the Committee to receive and consider communications from individuals who claim to be victims of a violation by a State party of any of the rights in the Covenant. States accept the substantive rights of individuals by reference to the Covenant, and not the first Optional Protocol. The function of the first Optional Protocol is to allow claims in respect of those rights to be tested before the Committee. Accordingly, a reservation to an obligation of a State to respect and ensure a right contained in the Covenant, made under the first Optional Protocol when it has not previously been made in respect of the same rights under the Covenant, does not affect the State’s duty to comply with its substantive obligation. A reservation cannot be made to the Covenant through the vehicle of the Optional Protocol but such a reservation would operate to ensure that the State’s compliance with that obligation may not be tested by the Committee under the first Optional Protocol. And because the object and purpose of the first Optional Protocol is to allow the rights obligatory for a State under the Covenant to be tested before the Committee, a reservation that seeks to preclude this would be contrary to the object and purpose of the first Optional Protocol, even if not of the Covenant. A reservation to a substantive obligation made for the first time under the first Optional Protocol would seem to reflect an intention by the State concerned to prevent the Committee from expressing its views relating to a particular article of the Covenant in an individual case.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0014","docId":"ccpr-c-21-rev-1-add-6","idx":14,"n":14,"text":"The Committee considers that reservations relating to the required procedures under the first Optional Protocol would not be compatible with its object and purpose. The Committee must control its own procedures as specified by the Optional Protocol and its rules of procedure. Reservations have, however, purported to limit the competence of the Committee to acts and events occurring after entry into force for the State concerned of the first Optional Protocol. In the view of the Committee this is not a reservation but, most usually, a statement consistent with its normal competence ratione temporis. At the same time, the Committee has insisted upon its competence, even in the face of such statements or observations, when events or acts occurring before the date of entry into force of the first Optional Protocol have continued to have an effect on the rights of a victim subsequent to that date. Reservations have been entered which effectively add an additional ground of inadmissibility under article 5, paragraph 2, by precluding examination of a communication when the same matter has already been examined by another comparable procedure. In so far as the most basic obligation has been to secure independent third party review of the human rights of individuals, the Committee has, where the legal right and the subject-matter are identical under the Covenant and under another international instrument, viewed such a reservation as not violating the object and purpose of the first Optional Protocol.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"article":"5","paragraph":"2","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'an additional ground of inadmissibility under article 5, paragraph 2' in context of 'the first Optional Protocol' (ICCPR-OP1) — ICCPR-OP1 art.5(2) bars examination of communications already examined elsewhere. Override from regex default ICCPR."}]},{"id":"ccpr-c-21-rev-1-add-6-0015","docId":"ccpr-c-21-rev-1-add-6","idx":15,"n":15,"text":"The primary purpose of the Second Optional Protocol is to extend the scope of the substantive obligations undertaken under the Covenant, as they relate to the right to life, by prohibiting execution and abolishing the death penalty[[fn:5]]. It has its own provision concerning reservations, which is determinative of what is permitted. Article 2, paragraph 1, provides that only one category of reservation is permitted, namely one that reserves the right to apply the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime. Two procedural obligations are incumbent upon States parties wishing to avail themselves of such a reservation. Article 2, paragraph 1, obliges such a State to inform the Secretary-General, at the time of ratification or accession, of the relevant provisions of its national legislation during warfare. This is clearly directed towards the objectives of specificity and transparency and in the view of the Committee a purported reservation unaccompanied by such information is without legal effect. Article 2, paragraph 3, requires a State making such a reservation to notify the Secretary-General of the beginning or ending of a state of war applicable to its territory. In the view of the Committee, no State may seek to avail itself of its reservation (that is, have execution in time of war regarded as lawful) unless it has complied with the procedural requirement of article 2, paragraph 3.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":5,"text":"The competence of the Committee in respect of this extended obligation is provided for under article 5 - which itself is subject to a form of reservation in that the automatic granting of this competence may be reserved through the mechanism of a statement made to the contrary at the moment of ratification or accession."}],"section":["political rights"],"citedArticles":[{"article":"2","paragraph":"1","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"First ref: 'Article 2, paragraph 1, provides that only one category of reservation is permitted' — explicitly about the Second Optional Protocol (ICCPR-OP2 art.2(1))."},{"article":"2","paragraph":"1","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"Second ref: 'Article 2, paragraph 1, obliges such a State to inform the Secretary-General' — same ICCPR-OP2 art.2(1) procedural requirement."},{"article":"2","paragraph":"1","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"Third ref: continuing same sentence about obligation under 'Article 2, paragraph 1' — ICCPR-OP2."},{"article":"2","paragraph":"3","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"'article 2, paragraph 3, requires a State making such a reservation to notify the Secretary-General' — ICCPR-OP2 art.2(3). All four refs in this paragraph are to ICCPR-OP2 art.2."}]},{"id":"ccpr-c-21-rev-1-add-6-0016","docId":"ccpr-c-21-rev-1-add-6","idx":16,"n":16,"text":"The Committee finds it important to address which body has the legal authority to make determinations as to whether specific reservations are compatible with the object and purpose of the Covenant. As for international treaties in general, the International Court of Justice has indicated in the Reservations to the Genocide Convention Case (1951) that a State which objected to a reservation on the grounds of incompatibility with the object and purpose of a treaty could, through objecting, regard the treaty as not in effect as between itself and the reserving State. Article 20, paragraph 4, of the Vienna Convention on the Law of Treaties 1969 contains provisions most relevant to the present case on acceptance of and objection to reservations. This provides for the possibility of a State to object to a reservation made by another State. Article 21 deals with the legal effects of objections by States to reservations made by other States. Essentially, a reservation precludes the operation, as between the reserving and other States, of the provision reserved; and an objection thereto leads to the reservation being in operation as between the reserving and objecting State only to the extent that it has not been objected to.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0017","docId":"ccpr-c-21-rev-1-add-6","idx":17,"n":17,"text":"As indicated above, it is the Vienna Convention on the Law of Treaties that provides the definition of reservations and also the application of the object and purpose test in the absence of other specific provisions. But the Committee believes that its provisions on the role of State objections in relation to reservations are inappropriate to address the problem of reservations to human rights treaties. Such treaties, and the Covenant specifically, are not a web of inter-State exchanges of mutual obligations. They concern the endowment of individuals with rights. The principle of inter-State reciprocity has no place, save perhaps in the limited context of reservations to declarations on the Committee’s competence under article 41. And because the operation of the classic rules on reservations is so inadequate for the Covenant, States have often not seen any legal interest in or need to object to reservations. The absence of protest by States cannot imply that a reservation is either compatible or incompatible with the object and purpose of the Covenant. Objections have been occasional, made by some States but not others, and on grounds not always specified; when an objection is made, it often does not specify a legal consequence, or sometimes even indicates that the objecting party none the less does not regard the Covenant as not in effect as between the parties concerned. In short, the pattern is so unclear that it is not safe to assume that a non-objecting State thinks that a particular reservation is acceptable. In the view of the Committee, because of the special characteristics of the Covenant as a human rights treaty, it is open to question what effect objections have between States inter se. However, an objection to a reservation made by States may provide some guidance to the Committee in its interpretation as to its compatibility with the object and purpose of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"41","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0018","docId":"ccpr-c-21-rev-1-add-6","idx":18,"n":18,"text":"It necessarily falls to the Committee to determine whether a specific reservation is compatible with the object and purpose of the Covenant. This is in part because, as indicated above, it is an inappropriate task for States parties in relation to human rights treaties, and in part because it is a task that the Committee cannot avoid in the performance of its functions. In order to know the scope of its duty to examine a State’s compliance under article 40 or a communication under the first Optional Protocol, the Committee has necessarily to take a view on the compatibility of a reservation with the object and purpose of the Covenant and with general international law. Because of the special character of a human rights treaty, the compatibility of a reservation with the object and purpose of the Covenant must be established objectively, by reference to legal principles, and the Committee is particularly well placed to perform this task. The normal consequence of an unacceptable reservation is not that the Covenant will not be in effect at all for a reserving party. Rather, such a reservation will generally be severable, in the sense that the Covenant will be operative for the reserving party without benefit of the reservation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"article":"40","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the scope of its duty to examine a State's compliance under article 40' — ICCPR art.40 on State reporting. The Optional Protocol reference is procedural context only."}]},{"id":"ccpr-c-21-rev-1-add-6-0019","docId":"ccpr-c-21-rev-1-add-6","idx":19,"n":19,"text":"Reservations must be specific and transparent, so that the Committee, those under the jurisdiction of the reserving State and other States parties may be clear as to what obligations of human rights compliance have or have not been undertaken. Reservations may thus not be general, but must refer to a particular provision of the Covenant and indicate in precise terms its scope in relation thereto. When considering the compatibility of possible reservations with the object and purpose of the Covenant, States should also take into consideration the overall effect of a group of reservations, as well as the effect of each reservation on the integrity of the Covenant, which remains an essential consideration. States should not enter so many reservations that they are in effect accepting a limited number of human rights obligations, and not the Covenant as such. So that reservations do not lead to a perpetual non-attainment of international human rights standards, reservations should not systematically reduce the obligations undertaken only to those presently existing in less demanding standards of domestic law. Nor should interpretative declarations or reservations seek to remove an autonomous meaning to Covenant obligations, by pronouncing them to be identical, or to be accepted only in so far as they are identical, with existing provisions of domestic law. States should not seek through reservations or interpretative declarations to determine that the meaning of a provision of the Covenant is the same as that given by an organ of any other international treaty body.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0020","docId":"ccpr-c-21-rev-1-add-6","idx":20,"n":20,"text":"States should institute procedures to ensure that each and every proposed reservation is compatible with the object and purpose of the Covenant. It is desirable for a State entering a reservation to indicate in precise terms the domestic legislation or practices which it believes to be incompatible with the Covenant obligation reserved; and to explain the time period it requires to render its own laws and practices compatible with the Covenant, or why it is unable to render its own laws and practices compatible with the Covenant. States should also ensure that the necessity for maintaining reservations is periodically reviewed, taking into account any observations and recommendations made by the Committee during examination of their reports. Reservations should be withdrawn at the earliest possible moment. Reports to the Committee should contain information on what action has been taken to review, reconsider or withdraw reservations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-7-0001","docId":"ccpr-c-21-rev-1-add-7","idx":1,"n":1,"text":"Article 25 of the Covenant recognizes and protects the rights of every citizen to take part in the conduct of public affairs, the right to vote and to be elected and the right to have access to public service. Whatever form of constitution or government is in force, the Covenant requires States to adopt such legislative and other measures as may be necessary to ensure that citizens have an effective opportunity to enjoy the rights it protects. Article 25 lies at the core of democratic government based on the consent of the people and in conformity with the principles of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0002","docId":"ccpr-c-21-rev-1-add-7","idx":2,"n":2,"text":"The rights under article 25 are related to, but distinct from, the right of peoples to self determination. By virtue of the rights covered by article 1 (1), peoples have the right to freely determine their political status and to enjoy the right to choose the form of their constitution or government. Article 25 deals with the right of individuals to participate in those processes which constitute the conduct of public affairs. Those rights, as individual rights, can give rise to claims under the first Optional Protocol.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"article":"25","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'The rights under article 25 are related to, but distinct from, the right of peoples to self determination' — ICCPR art.25."},{"article":"1","paragraph":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'By virtue of the rights covered by article 1 (1), peoples have the right to freely determine their political status' — ICCPR art.1(1) on self-determination."},{"article":"25","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second ref: 'Article 25 deals with the right of individuals to participate' — ICCPR art.25; Optional Protocol mentioned only as procedural vehicle."}]},{"id":"ccpr-c-21-rev-1-add-7-0003","docId":"ccpr-c-21-rev-1-add-7","idx":3,"n":3,"text":"In contrast with other rights and freedoms recognized by the Covenant (which are ensured to all individuals within the territory and subject to the jurisdiction of the State) article 25 protects the rights of \"every citizen\". State reports should outline the legal provisions which define citizenship in the context of the rights protected by article 25. No distinctions are permitted between citizens in the enjoyment of these rights on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Distinctions between those who are entitled to citizenship by birth and those who acquire it by naturalization may raise questions of compatibility with article 25. State reports should indicate whether any groups, such as permanent residents, enjoy these rights on a limited basis, for example, by having the right to vote in local elections or to hold particular public service positions.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0004","docId":"ccpr-c-21-rev-1-add-7","idx":4,"n":4,"text":"Any conditions which apply to the exercise of the rights protected by article 25 should be based on objective and reasonable criteria. For example, it may be reasonable to require a higher age for election or appointment to particular offices than for exercising the right to vote, which should be available to every adult citizen. The exercise of these rights by citizens may not be suspended or excluded except on grounds which are established by law and which are objective and reasonable. For example, established mental incapacity may be a ground for denying a person the right to vote or to hold office.[[fn:1]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"footnotes":[{"n":1,"text":"Adopted by the Committee at its 1510th meeting (fifty-seventh session) on 12 July 1996. CCPR/C.21/Rev.1/Add.7 page 4"}],"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0005","docId":"ccpr-c-21-rev-1-add-7","idx":5,"n":5,"text":"The conduct of public affairs, referred to in paragraph (a), is a broad concept which relates to the exercise of political power, in particular the exercise of legislative, executive and administrative powers. It covers all aspects of public administration, and the formulation and implementation of policy at international, national, regional and local levels. The allocation of powers and the means by which individual citizens exercise the right to participate in the conduct of public affairs protected by article 25 should be established by the constitution and other laws.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0006","docId":"ccpr-c-21-rev-1-add-7","idx":6,"n":6,"text":"Citizens participate directly in the conduct of public affairs when they exercise power as members of legislative bodies or by holding executive office. This right of direct participation is supported by paragraph (b). Citizens also participate directly in the conduct of public affairs when they choose or change their constitution or decide public issues through a referendum or other electoral process conducted in accordance with paragraph (b). Citizens may participate directly by taking part in popular assemblies which have the power to make decisions about local issues or about the affairs of a particular community and in bodies established to represent citizens in consultation with government. Where a mode of direct participation by citizens is established, no distinction should be made between citizens as regards their participation on the grounds mentioned in article 2, paragraph 1, and no unreasonable restrictions should be imposed.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0007","docId":"ccpr-c-21-rev-1-add-7","idx":7,"n":7,"text":"Where citizens participate in the conduct of public affairs through freely chosen representatives, it is implicit in article 25 that those representatives do in fact exercise governmental power and that they are accountable through the electoral process for their exercise of that power. It is also implicit that the representatives exercise only those powers which are allocated to them in accordance with constitutional provisions. Participation through freely chosen representatives is exercised through voting processes which must be established by laws which are in accordance with paragraph (b).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0008","docId":"ccpr-c-21-rev-1-add-7","idx":8,"n":8,"text":"Citizens also take part in the conduct of public affairs by exerting influence through public debate and dialogue with their representatives or through their capacity to organize themselves. This participation is supported by ensuring freedom of expression, assembly and association.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0009","docId":"ccpr-c-21-rev-1-add-7","idx":9,"n":9,"text":"Paragraph (b) of article 25 sets out specific provisions dealing with the right of citizens to take part in the conduct of public affairs as voters or as candidates for election. Genuine periodic elections in accordance with paragraph (b) are essential to ensure the accountability of representatives for the exercise of the legislative or executive powers vested in them. Such elections must be held at intervals which are not unduly long and which ensure that the authority of government continues to be based on the free expression of the will of electors. The rights and obligations provided for in paragraph (b) should be guaranteed by law.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0010","docId":"ccpr-c-21-rev-1-add-7","idx":10,"n":10,"text":"The right to vote at elections and referenda must be established by law and may be subject only to reasonable restrictions, such as setting a minimum age limit for the right to vote. It is unreasonable to restrict the right to CCPR/C/21/Rev.1/Add.7 page 5 vote on the ground of physical disability or to impose literacy, educational or property requirements. Party membership should not be a condition of eligibility to vote, nor a ground of disqualification.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0011","docId":"ccpr-c-21-rev-1-add-7","idx":11,"n":11,"text":"States must take effective measures to ensure that all persons entitled to vote are able to exercise that right. Where registration of voters is required, it should be facilitated and obstacles to such registration should not be imposed. If residence requirements apply to registration, they must be reasonable, and should not be imposed in such a way as to exclude the homeless from the right to vote. Any abusive interference with registration or voting as well as intimidation or coercion of voters should be prohibited by penal laws and those laws should be strictly enforced. Voter education and registration campaigns are necessary to ensure the effective exercise of article 25 rights by an informed community.","labels":["Persons in street situations"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0012","docId":"ccpr-c-21-rev-1-add-7","idx":12,"n":12,"text":"Freedom of expression, assembly and association are essential conditions for the effective exercise of the right to vote and must be fully protected. Positive measures should be taken to overcome specific difficulties, such as illiteracy, language barriers, poverty or impediments to freedom of movements which prevent persons entitled to vote from exercising their rights effectively. Information and materials about voting should be available in minority languages. Specific methods, such as photographs and symbols, should be adopted to ensure that illiterate voters have adequate information on which to base their choice. States parties should indicate in their reports the manner in which the difficulties highlighted in this paragraph are dealt with.","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0013","docId":"ccpr-c-21-rev-1-add-7","idx":13,"n":13,"text":"State reports should describe the rules governing the right to vote, and the application of those rules in the period covered by the report. State reports should also describe factors which impede citizens from exercising the right to vote and the positive measures which have been adopted to overcome these factors.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0014","docId":"ccpr-c-21-rev-1-add-7","idx":14,"n":14,"text":"In their reports, States parties should indicate and explain the legislative provisions which would deprive citizens of their right to vote. The grounds for such deprivation should be objective and reasonable. If conviction for an offence is a basis for suspending the right to vote, the period of such suspension should be proportionate to the offence and the sentence. Persons who are deprived of liberty but who have not been convicted should not be excluded from exercising the right to vote.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0015","docId":"ccpr-c-21-rev-1-add-7","idx":15,"n":15,"text":"The effective implementation of the right and the opportunity to stand for elective office ensures that persons entitled to vote have a free choice of candidates. Any restrictions on the right to stand for election, such as minimum age, must be justifiable on objective and reasonable criteria. Persons who are otherwise eligible to stand for election should not be excluded by unreasonable or discriminatory requirements such as education, residence or descent, or by reason of political affiliation. No person should suffer discrimination or disadvantage of any kind because of that person's candidacy. States parties should indicate and explain the legislative provisions which exclude any group or category of persons from elective office. CCPR/C.21/Rev.1/Add.7 page 6","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0016","docId":"ccpr-c-21-rev-1-add-7","idx":16,"n":16,"text":"Condition relating to nomination dates, fees or deposits should be reasonable and not discriminatory. If there are reasonable grounds for regarding certain elective offices as incompatible with tenure of specific positions, (e.g., the judiciary, high-ranking military office, public service), measures to avoid any conflicts of interest should not unduly limit the rights protected by paragraph (b). The grounds for the removal of elected office holders should be established by laws based on objective and reasonable criteria and incorporating fair procedures.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0017","docId":"ccpr-c-21-rev-1-add-7","idx":17,"n":17,"text":"The right of persons to stand for election should not be limited unreasonably by requiring candidates to be members of parties or of specific parties. If a candidate is required to have a minimum number of supporters for nomination this requirement should be reasonable and not act as a barrier to candidacy. Without prejudice to paragraph (1) of article 5 of the Covenant, political opinion may not be used as a ground to deprive any person of the right to stand for election.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"5","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0018","docId":"ccpr-c-21-rev-1-add-7","idx":18,"n":18,"text":"State reports should describe the legal provisions which establish the conditions for holding elective public office, and any limitations and qualifications which apply to particular offices. Reports should describe conditions for nomination, e.g. age limits, and any other qualifications or restrictions. State reports should indicate whether there are restrictions which preclude persons in public-service positions (including positions in the police or armed services) from being elected to particular public offices. The legal grounds and procedures for the removal of elected office holders should be described.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0019","docId":"ccpr-c-21-rev-1-add-7","idx":19,"n":19,"text":"In conformity with paragraph (b), elections must be conducted fairly and freely on a periodic basis within a framework of laws guaranteeing the effective exercise of voting rights. Persons entitled to vote must be free to vote for any candidate for election and for or against any proposal submitted to referendum or plebiscite, and free to support or to oppose government, without undue influence or coercion of any kind which may distort or inhibit the free expression of the elector's will. Voters should be able to form opinions independently, free of violence or threat of violence, compulsion, inducement or manipulative interference of any kind. Reasonable limitations on campaign expenditure may be justified where this is necessary to ensure that the free choice of voters is not undermined or the democratic process distorted by the disproportionate expenditure on behalf of any candidate or party. The results of genuine elections should be respected and implemented.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0020","docId":"ccpr-c-21-rev-1-add-7","idx":20,"n":20,"text":"An independent electoral authority should be established to supervise the electoral process and to ensure that it is conducted fairly, impartially and in accordance with established laws which are compatible with the Covenant. States should take measures to guarantee the requirement of the secrecy of the vote during elections including absentee voting, where such a system exists. This implies that voters should be protected from any form of coercion or compulsion to disclose how they intend to vote or how they voted, and from any unlawful or arbitrary interference with the voting process. Waiver of these rights is incompatible with article 25 of the Covenant. The security of ballot boxes must be guaranteed and votes should be counted in the presence of the candidates or their agents. There should be independent scrutiny of the voting and counting process and access to judicial review or other equivalent CCPR/C/21/Rev.1/Add.7 page 7 process so that electors have confidence in the security of the ballot and the counting of the votes. Assistance provided to the disabled, blind or illiterate should be independent. Electors should be fully informed of these guarantees.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0021","docId":"ccpr-c-21-rev-1-add-7","idx":21,"n":21,"text":"Although the Covenant does not impose any particular electoral system, any system operating in a State party must be compatible with the rights protected by article 25 and must guarantee and give effect to the free expression of the will of the electors. The principle of one person, one vote must apply, and within the framework of each State's electoral system, the vote of one elector should be equal to the vote of another. The drawing of electoral boundaries and the method of allocating votes should not distort the distribution of voters or discriminate against any group and should not exclude or restrict unreasonably the right of citizens to choose their representatives freely.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0022","docId":"ccpr-c-21-rev-1-add-7","idx":22,"n":22,"text":"State reports should indicate what measures they have adopted to guarantee genuine, free and periodic elections and how their electoral system or systems guarantee and give effect to the free expression of the will of the electors. Reports should describe the electoral system and explain how the different political views in the community are represented in elected bodies. Reports should also describe the laws and procedures which ensure that the right to vote can in fact be freely exercised by all citizens and indicate how the secrecy, security and validity of the voting process are guaranteed by law. The practical implementation of these guarantees in the period covered by the report should be explained.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0023","docId":"ccpr-c-21-rev-1-add-7","idx":23,"n":23,"text":"Subparagraph (c) of article 25 deals with the right and the opportunity of citizens to have access on general terms of equality to public service positions. To ensure access on general terms of equality, the criteria and processes for appointment, promotion, suspension and dismissal must be objective and reasonable. Affirmative measures may be taken in appropriate cases to ensure that there is equal access to public service for all citizens. Basing access to public service on equal opportunity and general principles of merit, and providing secure tenure, ensure that persons holding public service positions are free from political interference or pressures. It is of particular importance to ensure that persons do not suffer discrimination in the exercise of their rights under article 25, subparagraph (c), on any of the grounds set out in article 2, paragraph 1.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0024","docId":"ccpr-c-21-rev-1-add-7","idx":24,"n":24,"text":"States reports should describe the conditions for access to public service positions, any restrictions which apply and the processes for appointment, promotion, suspension and dismissal on removal from office as well as the judicial or other review mechanisms which apply to these processes. Reports should also indicate how the requirement for equal access is met, and whether affirmative measures have been introduced and, if so, to what extent.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0025","docId":"ccpr-c-21-rev-1-add-7","idx":25,"n":25,"text":"In order to ensure the full enjoyment of rights protected by article 25, the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. It requires the CCPR/C.21/Rev.1/Add.7 page 8 full enjoyment and respect for the rights guaranteed in articles 19, 21 and 22 of the Covenant, including freedom to engage in political activity individually or through political parties and other organizations, freedom to debate public affairs, to hold peaceful demonstrations and meetings, to criticize and oppose, to publish political material, to campaign for election and to advertise political ideas.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"22","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0026","docId":"ccpr-c-21-rev-1-add-7","idx":26,"n":26,"text":"The right to freedom of association, including the right to form and join organizations and associations concerned with political and public affairs, is an essential adjunct to the rights protected by article 25. Political parties and membership in parties play a significant role in the conduct of public affairs and the election process. States should ensure that, in their internal management, political parties respect the applicable provisions of article 25 in order to enable citizens to exercise their rights thereunder.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0027","docId":"ccpr-c-21-rev-1-add-7","idx":27,"n":27,"text":"Having regard to the provisions of article 5, paragraph 1, of the Covenant, any rights recognized and protected by article 25 may not be interpreted as implying a right to act or as validating any act aimed at the destruction or limitation of the rights and freedoms protected by the Covenant to a greater extent than what is provided for in the present Covenant. -----","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"5","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-8-rev-1-0001","docId":"ccpr-c-21-rev-1-add-8-rev-1","idx":1,"n":1,"text":"The International Covenant on Civil and Political Rights does not contain any provision regarding its termination and does not provide for denunciation or withdrawal. Consequently, the possibility of termination, denunciation or withdrawal must be considered in the light of applicable rules of customary international law which are reflected in the Vienna Convention on the Law of Treaties. On this basis, the Covenant is not subject to denunciation or withdrawal unless it is established that the parties intended to admit the possibility of denunciation or withdrawal or a right to do so is implied from the nature of the treaty.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1997},{"id":"ccpr-c-21-rev-1-add-8-rev-1-0002","docId":"ccpr-c-21-rev-1-add-8-rev-1","idx":2,"n":2,"text":"That the parties to the Covenant did not admit the possibility of denunciation and that it was not a mere oversight on their part to omit reference to denunciation is demonstrated by the fact that article 41 (2) of the Covenant does permit a State party to withdraw its acceptance of the competence of the Committee to examine inter-State communications by filing an appropriate notice to that effect while there is no such provision for * Adopted at the 1631st meeting (sixty-first session), held on 29 October 1997. CCPR/C/21/Rev.1/Add.8/Rev.1 page 2 denunciation of or withdrawal from the Covenant itself. Moreover, the Optional Protocol to the Covenant, negotiated and adopted contemporaneously with it, permits States parties to denounce it. Additionally, by way of comparison, the International Convention on the Elimination of All Forms of Racial Discrimination, which was adopted one year prior to the Covenant, expressly permits denunciation. It can therefore be concluded that the drafters of the Covenant deliberately intended to exclude the possibility of denunciation. The same conclusion applies to the Second Optional Protocol in the drafting of which a denunciation clause was deliberately omitted.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1997,"citedArticles":[{"article":"41","paragraph":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text says 'article 41 (2) of the Covenant does permit a State party to withdraw its acceptance of the competence of the Committee to examine inter-State communications.' The 'Covenant' here is the ICCPR (this is a CCPR General Comment). ICCPR art.41(2) covers inter-State communications. Regex wrongly assigned CERD."}]},{"id":"ccpr-c-21-rev-1-add-8-rev-1-0003","docId":"ccpr-c-21-rev-1-add-8-rev-1","idx":3,"n":3,"text":"Furthermore, it is clear that the Covenant is not the type of treaty which, by its nature, implies a right of denunciation. Together with the simultaneously prepared and adopted International Covenant on Economic, Social and Cultural Rights, the Covenant codifies in treaty form the universal human rights enshrined in the Universal Declaration of Human Rights, the three instruments together often being referred to as the “International Bill of Human Rights”. As such, the Covenant does not have a temporary character typical of treaties where a right of denunciation is deemed to be admitted, notwithstanding the absence of a specific provision to that effect.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1997},{"id":"ccpr-c-21-rev-1-add-8-rev-1-0004","docId":"ccpr-c-21-rev-1-add-8-rev-1","idx":4,"n":4,"text":"The rights enshrined in the Covenant belong to the people living in the territory of the State party. The Human Rights Committee has consistently taken the view, as evidenced by its long-standing practice, that once the people are accorded the protection of the rights under the Covenant, such protection devolves with territory and continues to belong to them, notwithstanding change in government of the State party, including dismemberment in more than one State or State succession or any subsequent action of the State party designed to divest them of the rights guaranteed by the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1997},{"id":"ccpr-c-21-rev-1-add-8-rev-1-0005","docId":"ccpr-c-21-rev-1-add-8-rev-1","idx":5,"n":5,"text":"The Committee is therefore firmly of the view that international law does not permit a State which has ratified or acceded or succeeded to the Covenant to denounce it or withdraw from it. -----","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1997},{"id":"ccpr-c-21-rev-1-add-9-0001","docId":"ccpr-c-21-rev-1-add-9","idx":1,"n":1,"text":"Liberty of movement is an indispensable condition for the free development of a person. It interacts with several other rights enshrined in the Covenant[[fn:1]], as is often shown in the Committee’s practice in considering reports from States parties and communications from individuals. Moreover, the Committee in its General Comment No. 15 (“The position of aliens under the Covenant”, 1986) referred to the special link between articles 12 and 13.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":1,"text":"HRI/GEN/1/Rev.3, 15 August 1997, p. 20 (para. 8)."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0002","docId":"ccpr-c-21-rev-1-add-9","idx":2,"n":2,"text":"The permissible limitations which may be imposed on the rights protected under article 12 must not nullify the principle of liberty of movement, and are governed by the requirement of necessity provided for in article 12, paragraph 3, and by the need for consistency with the other rights recognized in the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0003","docId":"ccpr-c-21-rev-1-add-9","idx":3,"n":3,"text":"States parties should provide the Committee in their reports with the relevant domestic legal rules and administrative and judicial practices relating to the rights protected by this article, taking into account the issues discussed in this General Comment. They must also include information on remedies available if these rights are restricted.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"]},{"id":"ccpr-c-21-rev-1-add-9-0004","docId":"ccpr-c-21-rev-1-add-9","idx":4,"n":4,"text":"Everyone lawfully within the territory of a State enjoys[[fn:2]], within that territory, the right to move freely and to choose his or her place[[fn:3]] of residence. In principle, citizens of a State are always lawfully within the territory of that State. The question whether an alien is “lawfully” within the territory of a State is a matter governed by domestic law, which may subject the entry of an alien to the territory of a State to restrictions, provided they are in compliance with the State’s international obligations. In that connection, the Committee has held that an alien who entered the State illegally, but whose status has been regularized, must be considered to be lawfully within the territory for the purposes of art 12. Once a person is lawfully within a State, any restrictions on his or her rights guaranteed by article 12, paragraphs 1 and 2, as well as any treatment different from that accorded to nationals, have to be justified under the rules provided for by article 12, paragraph 3. It is, therefore, important that States parties indicate in their reports the circumstances in which they treat aliens differently from their nationals in this regard, and how they justify this difference in treatment.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":2,"text":"Communication No. 456/1991, Celepli vs. Sweden, para. 9.2."},{"n":3,"text":"General Comment No. 15, para. 8, in HRI/GEN/1/Rev.3, 15 August 1997, p. 20."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0005","docId":"ccpr-c-21-rev-1-add-9","idx":5,"n":5,"text":"The right to move freely relates to the whole territory of a State, including all parts of federal States. According to article 12, paragraph 1, persons are entitled to move from one place to another, and to establish themselves in a place of their choice. The enjoyment of this right must not be made dependent on any particular purpose or reason for the person wanting to move or to stay in a place. Any restrictions[[fn:4]] must be in conformity with paragraph 3.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":4,"text":"See e.g. Communication No. 138/1983, Mpandajila v. Zaire, para. 10; Communication No. 157/1983, Mpaka-Nsusu v. Zaire, para. 10; Communication Nos. 241 and 242/1987, Birhashwirwa/Tshisekedi v. Zaire, para. 13."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0006","docId":"ccpr-c-21-rev-1-add-9","idx":6,"n":6,"text":"The State party must ensure that the rights guaranteed in article 12 are protected not only from public but also from private interference. In the case of women, this obligation to protect is particularly pertinent. For example, it is incompatible with article 12, paragraph 1, that the right of a woman to move freely and to choose her residence be made subject, by law or practice, to the decision of another person, including a relative.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0007","docId":"ccpr-c-21-rev-1-add-9","idx":7,"n":7,"text":"Subject to the provisions of article 12, paragraph 3, the right to reside in a place of one’s choice within the territory includes protection against all forms of forced internal displacement. It also precludes preventing the entry or stay of persons in a defined part of the territory. Lawful detention, however, affects more specifically the right to personal liberty and is covered by article 9 of the Covenant. In some circumstances, articles 12 and 9 may come into play together.","labels":["Internally displaced persons"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0008","docId":"ccpr-c-21-rev-1-add-9","idx":8,"n":8,"text":"Freedom to leave the territory of a State may not be made dependent on any specific purpose[[fn:5]] or on the period of time the individual chooses to stay outside the country. Thus travelling abroad is covered as well as departure for permanent emigration. Likewise, the right of the individual to determine the State of destination is part of the legal guarantee. As the scope of article 12, paragraph 2, is not restricted to persons lawfully within the territory of a State, an alien being legally expelled from the country is likewise entitled to elect the State of destination, subject to the agreement of that State.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":5,"text":"See General Comment No. 15, para. 9, in HRI/GEN/1/Rev.3, 15 August 1997, p. 21."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0009","docId":"ccpr-c-21-rev-1-add-9","idx":9,"n":9,"text":"In order to enable the individual to enjoy the rights guaranteed by article 12, paragraph 2, obligations are imposed both on the State of residence[[fn:6]] and on the State of nationality[[fn:7]]. Since international travel usually requires appropriate documents, in particular a passport, the right to leave a country must include the right to obtain the necessary travel documents. The issuing of passports is normally incumbent on the State of nationality of the individual. The refusal by a State to issue a passport or prolong its validity for a national residing abroad may deprive this person of the right to leave the country of residence and to travel elsewhere. It is no justification for the State to claim that its national would be able to return to its territory without a passport.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":6,"text":"See Communication No. 106/1981, Montero v. Uruguay, para. 9.4; Communication No. 57/1979, Vidal Martins v. Uruguay, para. 7; Communication No. 77/1980, Lichtensztejn v. Uruguay, para. 6.1."},{"n":7,"text":"See Communication No. 57/1979, Vidal Martins v. Uruguay, para. 9."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0010","docId":"ccpr-c-21-rev-1-add-9","idx":10,"n":10,"text":"The practice of States often shows that legal rules and administrative measures adversely affect the right to leave, in particular, a person’s own country. It is therefore of the utmost importance that States parties report on all legal and practical restrictions on the right to leave, which they apply both to nationals and to foreigners, in order to enable the Committee to assess the conformity of these rules and practices with article 12, paragraph 3. States parties should also include information in their reports on measures that impose sanctions on international carriers which bring to their territory persons without required documents, where those measures affect the right to leave another country.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0011","docId":"ccpr-c-21-rev-1-add-9","idx":11,"n":11,"text":"Article 12, paragraph 3, provides for exceptional circumstances in which rights under paragraphs 1 and 2 may be restricted. This provision authorizes the State to restrict these rights only to protect national security, public order (ordre public), public health or morals and the rights and freedoms of others. To be permissible, restrictions must be provided by law, must be necessary in a democratic society for the protection of these purposes, and must be consistent with all other rights recognized in the Covenant (see para. 18 below).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0012","docId":"ccpr-c-21-rev-1-add-9","idx":12,"n":12,"text":"The law itself has to establish the conditions under which the rights may be limited. State reports should therefore specify the legal norms upon which restrictions are founded. Restrictions which are not provided for in the law or are not in conformity with the requirements of article 12, paragraph 3, would violate the rights guaranteed by paragraphs 1 and 2.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0013","docId":"ccpr-c-21-rev-1-add-9","idx":13,"n":13,"text":"In adopting laws providing for restrictions permitted by article 12, paragraph 3, States should always be guided by the principle that the restrictions must not impair the essence of the right (cf. art 5, para. 1); the relation between right and restriction, between norm and exception, must not be reversed. The laws authorizing the application of restrictions should use precise criteria and may not confer unfettered discretion on those charged with their execution.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"5","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0014","docId":"ccpr-c-21-rev-1-add-9","idx":14,"n":14,"text":"Article 12, paragraph 3, clearly indicates that it is not sufficient that the restrictions serve the permissible purposes; they must also be necessary to protect them. Restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0015","docId":"ccpr-c-21-rev-1-add-9","idx":15,"n":15,"text":"The principle of proportionality has to be respected not only in the law that frames the restrictions, but also by the administrative and judicial authorities in applying the law. States should ensure that any proceedings relating to the exercise or restriction of these rights are expeditious and that reasons for the application of restrictive measures are provided.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"]},{"id":"ccpr-c-21-rev-1-add-9-0016","docId":"ccpr-c-21-rev-1-add-9","idx":16,"n":16,"text":"States have often failed to show that the application of their laws restricting the rights enshrined in article 12[[fn:8]], paragraphs 1 and 2, are in conformity with all requirements referred to in article 12, paragraph 3. The application of restrictions in any individual case must be based on clear legal grounds and meet the test of necessity and the requirements of proportionality. These conditions would not be met, for example, if an individual were prevented from leaving a country merely on the ground that he or she is the holder of “State secrets”, or if an individual were prevented from travelling internally without a specific permit. On the other hand, the conditions could be met by restrictions on access to military zones on national security grounds or limitations on the freedom to settle in areas inhabited by indigenous or minorities communities.","labels":["Indigenous peoples"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":8,"text":"See General Comment No. 23, para. 7, in HRI/GEN/1/Rev.3, 15 August 1997, p. 41."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0017","docId":"ccpr-c-21-rev-1-add-9","idx":17,"n":17,"text":"A major source of concern are the manifold legal and bureaucratic barriers unnecessarily affecting the full enjoyment of the rights of the individuals to move freely, to leave a country, including their own, and to take up residence. Regarding the right to movement within a country, the Committee has criticized provisions requiring individuals to apply for permission to change their residence or to seek the approval of the local authorities of the place of destination, as well as delays in processing such written applications. States’ practice presents an even richer array of obstacles making it more difficult to leave the country, in particular for their own nationals. These rules and practices include, inter alia, lack of access for applicants to the competent authorities and lack of information regarding requirements; the requirement to apply for special forms through which the proper application documents for the issuance of a passport can be obtained; the need for supportive statements from employers or family members; exact description of the travel route; issuance of passports only on payment of high fees substantially exceeding the cost of the service rendered by the administration; unreasonable delays in the issuance of travel documents; restrictions on family members travelling together; requirement of a repatriation deposit or a return ticket; requirement of an invitation from the State of destination or from people living there; harassment of applicants, for example by physical intimidation, arrest, loss of employment or expulsion of their children from school or university; refusal to issue a passport because the applicant is said to harm the good name of the country. In the light of these practices, States parties should make sure that all restrictions imposed by them are in full compliance with article 12, paragraph 3.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0018","docId":"ccpr-c-21-rev-1-add-9","idx":18,"n":18,"text":"The application of the restrictions permissible under article 12, paragraph 3, needs to be consistent with the other rights guaranteed in the Covenant and with the fundamental principles of equality and non-discrimination. Thus, it would be a clear violation of the Covenant if the rights enshrined in article 12, paragraphs 1 and 2, were restricted by making distinctions of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In examining State reports, the Committee has on several occasions found that measures preventing women from moving freely or leaving the country by requiring them to have the consent or the escort of a male person, constitute a violation of article 12.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0019","docId":"ccpr-c-21-rev-1-add-9","idx":19,"n":19,"text":"The right of a person to enter his or her own country recognizes the special relationship of a person to that country. The right has various facets. It implies the right to remain in one’s own country. It includes not only the right to return after having left one’s own country; it may also entitle a person to come to the country for the first time if he or she was born outside the country (e.g. if that country is the person’s state of nationality). The right to return is of the utmost importance for refugees seeking voluntary repatriation. It also implies prohibition of enforced population transfers or mass expulsions to other countries.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"]},{"id":"ccpr-c-21-rev-1-add-9-0020","docId":"ccpr-c-21-rev-1-add-9","idx":20,"n":20,"text":"The wording of article 12, paragraph 4, does not distinguish between nationals and aliens[[fn:9]] (“no one”). Thus, the persons entitled to exercise this right can be identified only by interpreting the meaning of the phrase “his own country”. The scope of “his own country” is broader than the concept “country of his nationality”. It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by conferral; it embraces, at the very least, an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien. This would be the case, for example, of nationals of a country who have there been stripped of their nationality in violation of international law and of individuals whose country of nationality has been incorporated into or transferred to another national entity whose nationality is being denied them. The language of article 12, paragraph 4, moreover, permits a broader interpretation that might embrace other categories of long-term residents, including but not limited to stateless persons arbitrarily deprived of the right to acquire the nationality of the country of such residence. Since other factors may in certain circumstances result in the establishment of close and enduring connections between a person and a country, States parties should include in their reports information on the rights of permanent residents to return to their country of residence.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":9,"text":"See Communication No. 538/1993, Stewart v. Canada."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0021","docId":"ccpr-c-21-rev-1-add-9","idx":21,"n":21,"text":"In no case may a person be arbitrarily deprived of the right to enter his or her own country. The reference to the concept of arbitrariness in this context is intended to emphasize that it applies to all State action, legislative, administrative, and judicial; it guarantees that even interference provided for by law should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances. The Committee considers that there are few, if any, circumstances in which deprivation of the right to enter one’s own country could be reasonable. A State party must not, by stripping a person of nationality or by expelling an individual to a third country, arbitrarily prevent this person from returning to his or her own country.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"]},{"id":"ccpr-c-21-rev-1-add-10-0001","docId":"ccpr-c-21-rev-1-add-10","idx":1,"n":1,"text":"The Committee has decided to update its general comment on article 3 of the Covenant and to replace general comment No. 4 (thirteenth session, 1981), in the light of the experience it has gathered in its activities over the last 20 years. The present revision seeks to take account of the important impact of this article on the enjoyment by women of the human rights protected under the Covenant.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0002","docId":"ccpr-c-21-rev-1-add-10","idx":2,"n":2,"text":"Article 3 implies that all human beings should enjoy the rights provided for in the Covenant, on an equal basis and in their totality. The full effect of this provision is impaired whenever any person is denied the full and equal enjoyment of any right. Consequently, States should ensure to men and women equally the enjoyment of all rights provided for in the Covenant.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0003","docId":"ccpr-c-21-rev-1-add-10","idx":3,"n":3,"text":"The obligation to ensure to all individuals the rights recognized in the Covenant, established in articles 2 and 3 of the Covenant, requires that States parties take all necessary steps to enable every person to enjoy those rights. These steps include the removal of obstacles to the equal enjoyment of such rights, the education of the population and of State officials in human rights, and the adjustment of domestic legislation so as to give effect to the undertakings set forth in the Covenant. The State party must not only adopt measures of protection, but also positive measures in all areas so as to achieve the effective and equal empowerment of women.States parties must provide information regarding the actual role of women in society so that the Committee may ascertain what measures, in addition to legislative provisions, have been or should be taken to give effect to these obligations, what progress has been made, what difficulties are encountered and what steps are being taken to overcome them.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0004","docId":"ccpr-c-21-rev-1-add-10","idx":4,"n":4,"text":"States parties are responsible for ensuring the equal enjoyment of rights without any discrimination. Articles 2 and 3 mandate States parties to take all steps necessary, including the prohibition of discrimination on the ground of sex, to put an end to discriminatory actions, both in the public and the private sector, which impair the equal enjoyment of rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0005","docId":"ccpr-c-21-rev-1-add-10","idx":5,"n":5,"text":"Inequality in the enjoyment of rights by women throughout the world is deeply embedded in tradition, history and culture, including religious attitudes. The subordinate role of women in some countries is illustrated by the high incidence of prenatal sex selection and abortion of female foetuses. States parties should ensure that traditional, historical, religious or cultural attitudes are not used to justify violations of women’s right to equality before the law and to equal enjoyment of all Covenant rights. States parties should furnish appropriate information on those aspects of tradition, history, cultural practices and religious attitudes which jeopardize, or may jeopardize, compliance with article 3, and indicate what measures they have taken or intend to take to overcome such factors.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0006","docId":"ccpr-c-21-rev-1-add-10","idx":6,"n":6,"text":"In order to fulfil the obligation set forth in article 3, States parties should take account of the factors which impede the equal enjoyment by women and men of each right specified in the Covenant. To enable the Committee to obtain a complete picture of the situation of women in each State party as regards the implementation of the rights in the Covenant, this general comment identifies some of the factors affecting the equal enjoyment by women of the rights under the Covenant and spells out the type of information that is required with regard to these rights.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0007","docId":"ccpr-c-21-rev-1-add-10","idx":7,"n":7,"text":"The equal enjoyment of human rights by women must be protected during a state of emergency (art. 4). States parties which take measures derogating from their obligations under the Covenant in time of public emergency, as provided in article 4, should provide information to the Committee with respect to the impact on the situation of women of such measures and should demonstrate that they are non-discriminatory.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0008","docId":"ccpr-c-21-rev-1-add-10","idx":8,"n":8,"text":"Women are particularly vulnerable in times of internal or international armed conflicts.States parties should inform the Committee of all measures taken during these situations to protect women from rape, abduction and other forms of gender-based violence.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000},{"id":"ccpr-c-21-rev-1-add-10-0009","docId":"ccpr-c-21-rev-1-add-10","idx":9,"n":9,"text":"In becoming parties to the Covenant, States undertake, in accordance with article 3, to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the Covenant, and in accordance with article 5, nothing in the Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights provided for in article 3, or at limitations not covered by the Covenant. Moreover, there shall be no restriction upon or derogation from the equal enjoyment by women of all fundamental human rights recognized or existing pursuant to law, conventions, regulations or customs, on the pretext that the Covenant does not recognize such rights or that it recognizes them to a lesser extent.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"5","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0010","docId":"ccpr-c-21-rev-1-add-10","idx":10,"n":10,"text":"When reporting on the right to life protected by article 6, States parties should provide data on birth rates and on pregnancy- and childbirth-related deaths of women. Gender-disaggregated data should be provided on infant mortality rates. States parties should give information on any measures taken by the State to help women prevent unwanted pregnancies, and to ensure that they do not have to undergo life-threatening clandestine abortions. States parties should also report on measures to protect women from practices that violate their right to life, such as female infanticide, the burning of widows and dowry killings. The Committee also wishes to have information on the particular impact on women of poverty and deprivation that may pose a threat to their lives.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0011","docId":"ccpr-c-21-rev-1-add-10","idx":11,"n":11,"text":"To assess compliance with article 7 of the Covenant, as well as with article 24, which mandates special protection for children, the Committee needs to be provided information on national laws and practice with regard to domestic and other types of violence against women, including rape. It also needs to know whether the State party gives access to safe abortion to women who have become pregnant as a result of rape. The States parties should also provide the Committee with information on measures to prevent forced abortion or forced sterilization. In States parties where the practice of genital mutilation exists information on its extent and on measures to eliminate it should be provided. The information provided by States parties on all these issues should include measures of protection, including legal remedies, for women whose rights under article 7 have been violated.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"24","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0012","docId":"ccpr-c-21-rev-1-add-10","idx":12,"n":12,"text":"Having regard to their obligations under article 8, States parties should inform the Committee of measures taken to eliminate trafficking of women and children, within the country or across borders, and forced prostitution. They must also provide information on measures taken to protect women and children, including foreign women and children, from slavery, disguised, inter alia, as domestic or other kinds of personal service. States parties where women and children are recruited, and from which they are taken, and States parties where they are received should provide information on measures, national or international, which have been taken in order to prevent the violation of women’s and children’s rights.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"8","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0013","docId":"ccpr-c-21-rev-1-add-10","idx":13,"n":13,"text":"States parties should provide information on any specific regulation of clothing to be worn by women in public. The Committee stresses that such regulations may involve a violation of a number of rights guaranteed by the Covenant, such as: article 26, on non-discrimination; article 7, if corporal punishment is imposed in order to enforce such a regulation; article 9, when failure to comply with the regulation is punished by arrest; article 12, if liberty of movement is subject to such a constraint; article 17, which guarantees all persons the right to privacy without arbitrary or unlawful interference; articles 18 and 19, when women are subjected to clothing requirements that are not in keeping with their religion or their right of self-expression; and, lastly, article 27, when the clothing requirements conflict with the culture to which the woman can lay a claim.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0014","docId":"ccpr-c-21-rev-1-add-10","idx":14,"n":14,"text":"With regard to article 9, States parties should provide information on any laws or practices which may deprive women of their liberty on an arbitrary or unequal basis, such as by confinement within the house (see general comment No. 8, paragraph 1).","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0015","docId":"ccpr-c-21-rev-1-add-10","idx":15,"n":15,"text":"As regards articles 7 and 10, States parties must provide all information relevant to ensuring that the rights of persons deprived of their liberty are protected on equal terms for men and women. In particular, States parties should report on whether men and women are separated in prisons and whether women are guarded only by female guards. States parties should also report about compliance with the rule that accused juvenile females shall be separated from adults and on any difference in treatment between male and female persons deprived of liberty, such as access to rehabilitation and education programmes and to conjugal and family visits.Pregnant women who are deprived of their liberty should receive humane treatment and respect for their inherent dignity at all times, and in particular during the birth and while caring for their newborn children; States parties should report on facilities to ensure this and on medical and health care for such mothers and their babies.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0016","docId":"ccpr-c-21-rev-1-add-10","idx":16,"n":16,"text":"As regards article 12, States parties should provide information on any legal provision or any practice which restricts women’s right to freedom of movement, for example the exercise of marital powers over the wife or of parental powers over adult daughters; legal or de facto requirements which prevent women from travelling, such as the requirement of consent of a third party to the issuance of a passport or other type of travel documents to an adult woman. States parties should also report on measures taken to eliminate such laws and practices and to protect women against them, including reference to available domestic remedies (see general comment No. 27, paragraphs 6 and 18).","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0017","docId":"ccpr-c-21-rev-1-add-10","idx":17,"n":17,"text":"States parties should ensure that alien women are accorded on an equal basis the right to submit arguments against their expulsion and to have their case reviewed, as provided in article 13. In this regard, they should be entitled to submit arguments based on gender-specific violations of the Covenant such as those mentioned in paragraphs 10 and 11 above.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"13","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0018","docId":"ccpr-c-21-rev-1-add-10","idx":18,"n":18,"text":"States parties should provide information to enable the Committee to ascertain whether access to justice and the right to a fair trial, provided for in article 14, are enjoyed by women on equal terms with men. In particular, States parties should inform the Committee whether there are legal provisions preventing women from direct and autonomous access to the courts (see communication No. 202/1986, Ato del Avellanal v. Peru, Views of 28 October 1988); whether women may give evidence as witnesses on the same terms as men; and whether measures are taken to ensure women equal access to legal aid, in particular in family matters. States parties should report on whether certain categories of women are denied the enjoyment of the presumption of innocence under article 14, paragraph 2, and on the measures which have been taken to put an end to this situation.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0019","docId":"ccpr-c-21-rev-1-add-10","idx":19,"n":19,"text":"The right of everyone under article 16 to be recognized everywhere as a person before the law is particularly pertinent for women, who often see it curtailed by reason of sex or marital status. This right implies that the capacity of women to own property, to enter into a contract or to exercise other civil rights may not be restricted on the basis of marital status or any other discriminatory ground. It also implies that women may not be treated as objects to be given, together with the property of the deceased husband, to his family. States must provide information on laws or practices that prevent women from being treated or from functioning as full legal persons and the measures taken to eradicate laws or practices that allow such treatment.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"16","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0020","docId":"ccpr-c-21-rev-1-add-10","idx":20,"n":20,"text":"States parties must provide information to enable the Committee to assess the effect of any laws and practices that may interfere with women’s right to enjoy privacy and other rights protected by article 17 on the basis of equality with men. An example of such interference arises where the sexual life of a woman is taken into consideration in deciding the extent of her legal rights and protections, including protection against rape. Another area where States may fail to respect women’s privacy relates to their reproductive functions, for example, where there is a requirement for the husband’s authorization to make a decision in regard to sterilization; where general requirements are imposed for the sterilization of women, such as having a certain number of children or being of a certain age, or where States impose a legal duty upon doctors and other health personnel to report cases of women who have undergone abortion. In these instances, other rights in the Covenant, such as those of articles 6 and 7, might also be at stake.Women’s privacy may also be interfered with by private actors, such as employers who request a pregnancy test before hiring a woman. States parties should report on any laws and public or private actions that interfere with the equal enjoyment by women of the rights under article 17, and on the measures taken to eliminate such interference and to afford women protection from any such interference.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0021","docId":"ccpr-c-21-rev-1-add-10","idx":21,"n":21,"text":"States parties must take measures to ensure that freedom of thought, conscience and religion, and the freedom to adopt the religion or belief of one’s choice - including the freedom to change religion or belief and to express one’s religion or belief - will be guaranteed and protected in law and in practice for both men and women, on the same terms and without discrimination. These freedoms, protected by article 18, must not be subject to restrictions otherthan those authorized by the Covenant and must not be constrained by, inter alia, rules requiring permission from third parties, or by interference from fathers, husbands, brothers or others. Article 18 may not be relied upon to justify discrimination against women by reference to freedom of thought, conscience and religion; States parties should therefore provide information on the status of women as regards their freedom of thought, conscience and religion, and indicate what steps they have taken or intend to take both to eliminate and prevent infringements of these freedoms in respect of women and to protect their right not to be discriminated against.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0022","docId":"ccpr-c-21-rev-1-add-10","idx":22,"n":22,"text":"In relation to article 19, States parties should inform the Committee of any laws or other factors which may impede women from exercising the rights protected under this provision on an equal basis. As the publication and dissemination of obscene and pornographic material which portrays women and girls as objects of violence or degrading or inhuman treatment is likely to promote these kinds of treatment of women and girls, States parties should provide information about legal measures to restrict the publication or dissemination of such material.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0023","docId":"ccpr-c-21-rev-1-add-10","idx":23,"n":23,"text":"States are required to treat men and women equally in regard to marriage in accordance with article 23, which has been elaborated further by general comment No. 19 (1990). Men and women have the right to enter into marriage only with their free and full consent, and States have an obligation to protect the enjoyment of this right on an equal basis. Many factors may prevent women from being able to make the decision to marry freely. One factor relates to the minimum age for marriage. That age should be set by the State on the basis of equal criteria for men and women. These criteria should ensure women’s capacity to make an informed and uncoerced decision. A second factor in some States may be that either by statutory or customary law a guardian, who is generally male, consents to the marriage instead of the woman herself, thereby preventing women from exercising a free choice.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0024","docId":"ccpr-c-21-rev-1-add-10","idx":24,"n":24,"text":"Another factor that may affect women’s right to marry only when they have given free and full consent is the existence of social attitudes which tend to marginalize women victims of rape and put pressure on them to agree to marriage. A woman’s free and full consent to marriage may also be undermined by laws which allow the rapist to have his criminal responsibility extinguished or mitigated if he marries the victim. States parties should indicate whether marrying the victim extinguishes or mitigates criminal responsibility and, in the case in which the victim is a minor, whether the rape reduces the marriageable age of the victim, particularly in societies where rape victims have to endure marginalization from society. A different aspect of the right to marry may be affected when States impose restrictions on remarriage by women that are not imposed on men. Also, the right to choose one’s spouse may be restricted by laws or practices that prevent the marriage of a woman of a particular religion to a man who professes no religion or a different religion. States should provide information on these laws and practices and on the measures taken to abolish the laws and eradicate the practices which undermine the right of women to marry only when they have given free and full consent. It should also be noted that equality of treatment with regard to the right to marry implies that polygamy is incompatible with this principle. Polygamy violates the dignity of women. It is an inadmissible discrimination against women. Consequently, it should be definitely abolished wherever it continues to exist.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000},{"id":"ccpr-c-21-rev-1-add-10-0025","docId":"ccpr-c-21-rev-1-add-10","idx":25,"n":25,"text":"To fulfil their obligations under article 23, paragraph 4, States parties must ensure that the matrimonial regime contains equal rights and obligations for both spouses with regard to the custody and care of children, the children’s religious and moral education, the capacity to transmit to children the parent’s nationality, and the ownership or administration of property,whether common property or property in the sole ownership of either spouse. States parties should review their legislation to ensure that married women have equal rights in regard to the ownership and administration of such property, where necessary. Also, States parties should ensure that no sex-based discrimination occurs in respect of the acquisition or loss of nationality by reason of marriage, of residence rights, and of the right of each spouse to retain the use of his or her original family name or to participate on an equal basis in the choice of a new family name. Equality during marriage implies that husband and wife should participate equally in responsibility and authority within the family.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0026","docId":"ccpr-c-21-rev-1-add-10","idx":26,"n":26,"text":"States parties must also ensure equality in regard to the dissolution of marriage, which excludes the possibility of repudiation. The grounds for divorce and annulment should be the same for men and women, as well as decisions with regard to property distribution, alimony and the custody of children. Determination of the need to maintain contact between children and the non-custodial parent should be based on equal considerations. Women should also have equal inheritance rights to those of men when the dissolution of marriage is caused by the death of one of the spouses.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000},{"id":"ccpr-c-21-rev-1-add-10-0027","docId":"ccpr-c-21-rev-1-add-10","idx":27,"n":27,"text":"In giving effect to recognition of the family in the context of article 23, it is important to accept the concept of the various forms of family, including unmarried couples and their children and single parents and their children, and to ensure the equal treatment of women in these contexts (see general comment No. 19, paragraph 2). Single-parent families frequently consist of a single woman caring for one or more children, and States parties should describe what measures of support are in place to enable her to discharge her parental functions on the basis of equality with a man in a similar position.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0028","docId":"ccpr-c-21-rev-1-add-10","idx":28,"n":28,"text":"The obligation of States parties to protect children (art. 24) should be carried out equally for boys and girls. States parties should report on measures taken to ensure that girls are treated equally to boys in education, in feeding and in health care, and provide the Committee with disaggregated data in this respect. States parties should eradicate, both through legislation and any other appropriate measures, all cultural or religious practices which jeopardize the freedom and well-being of female children.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0029","docId":"ccpr-c-21-rev-1-add-10","idx":29,"n":29,"text":"The right to participate in the conduct of public affairs is not fully implemented everywhere on an equal basis. States parties must ensure that the law guarantees to women the rights contained in article 25 on equal terms with men and take effective and positive measures to promote and ensure women’s participation in the conduct of public affairs and in public office, including appropriate affirmative action. Effective measures taken by States parties to ensure that all persons entitled to vote are able to exercise that right should not be discriminatory on the grounds of sex. The Committee requires States parties to provide statistical information on the percentage of women in publicly elected office, including the legislature, as well as in high- ranking civil service positions and the judiciary.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0030","docId":"ccpr-c-21-rev-1-add-10","idx":30,"n":30,"text":"Discrimination against women is often intertwined with discrimination on other grounds such as race, colour, language, religion, political or other opinion, national or social origin, property, birth or other status. States parties should address the ways in which any instances of discrimination on other grounds affect women in a particular way, and include information on the measures taken to counter these effects.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000},{"id":"ccpr-c-21-rev-1-add-10-0031","docId":"ccpr-c-21-rev-1-add-10","idx":31,"n":31,"text":"The right to equality before the law and freedom from discrimination, protected by article 26, requires States to act against discrimination by public and private agencies in all fields. Discrimination against women in areas such as social security laws (communications Nos. 172/84, Broeks v. Netherlands, Views of 9 April 1987; 182/84, Zwaan de Vries v. the Netherlands, Views of 9 April 1987; 218/1986, Vos v. the Netherlands, Views of 29 March 1989) as well as in the area of citizenship or rights of non-citizens in a country (communication No. 035/1978, Aumeeruddy-Cziffra et al. v. Mauritius, Views adopted 9 April 1981) violates article 26. The commission of so-called “honour crimes” which remain unpunished constitutes a serious violation of the Covenant and in particular of articles 6, 14 and 26. Laws which impose more severe penalties on women than on men for adultery or other offences also violate the requirement of equal treatment. The Committee has also often observed in reviewing States parties’ reports that a large proportion of women are employed in areas which are not protected by labour laws and that prevailing customs and traditions discriminate against women, particularly with regard to access to better paid employment and to equal pay for work of equal value. States parties should review their legislation and practices and take the lead in implementing all measures necessary to eliminate discrimination against women in all fields, for example by prohibiting discrimination by private actors in areas such as employment, education, political activities and the provision of accommodation, goods and services. States parties should report on all these measures and provide information on the remedies available to victims of such discrimination.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0032","docId":"ccpr-c-21-rev-1-add-10","idx":32,"n":32,"text":"The rights which persons belonging to minorities enjoy under article 27 of the Covenant in respect of their language, culture and religion do not authorize any State, group or person to violate the right to the equal enjoyment by women of any Covenant rights, including the right to equal protection of the law. States should report on any legislation or administrative practices related to membership in a minority community that might constitute an infringement of the equal rights of women under the Covenant (communication No. 24/1977, Lovelace v. Canada, Views adopted July 1981) and on measures taken or envisaged to ensure the equal right of men and women to enjoy all civil and political rights in the Covenant. Likewise, States should report on measures taken to discharge their responsibilities in relation to cultural or religious practices within minority communities that affect the rights of women. In their reports, States parties should pay attention to the contribution made by women to the cultural life of their communities.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0001","docId":"ccpr-c-21-rev-1-add-11","idx":1,"n":1,"text":"Article 4 of the Covenant is of paramount importance for the system of protection for human rights under the Covenant. On the one hand, it allows for a State party unilaterally to derogate temporarily from a part of its obligations under the Covenant. On the other hand, article 4 subjects both this very measure of derogation, as well as its material consequences, to a specific regime of safeguards. The restoration of a state of normalcy where full respect for the Covenant can again be secured must be the predominant objective of a State party derogating from the Covenant. In this general comment, replacing its General Comment No 5, adopted at the thirteenth session (1981), the Committee seeks to assist States parties to meet the requirements of article 4.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0002","docId":"ccpr-c-21-rev-1-add-11","idx":2,"n":2,"text":"Measures derogating from the provisions of the Covenant must be of an exceptional and temporary nature. Before a State moves to invoke article 4, two fundamental conditions must be met: the situation must amount to a public emergency which threatens the life of the nation, and the State party must have officially proclaimed a state of emergency. The latter requirement is essential for the maintenance of the principles of legality and rule of law at times when they are most needed. When proclaiming a state of emergency with consequences that could entail derogation from any provision of the Covenant, States must act within their constitutional and other provisions of law that govern such proclamation and the exercise of emergency powers; it is the task of the Committee to monitor the laws in question with respect to whether they enable and secure compliance with article 4. In order that the Committee can perform its task, States parties to the Covenant should include in their reports submitted under article 40 sufficient and precise information about their law and practice in the field of emergency powers.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0003","docId":"ccpr-c-21-rev-1-add-11","idx":3,"n":3,"text":"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1. During armed conflict, whether international or non-international, rules of international humanitarian law become applicable and help, in addition to the provisions in article 4 and article 5, paragraph 1, of the Covenant, to prevent the abuse of a State’s emergency powers. The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation. If States parties consider invoking article 4 in other situations than an armed conflict, they should carefully consider the justification and why such a measure is necessary and legitimate in the circumstances. On a number of occasions the Committee has expressed its concern over States parties that appear to have derogated from rights protected by the Covenant, or whose domestic law appears to allow such derogation in situations not covered by article 4.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"5","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0004","docId":"ccpr-c-21-rev-1-add-11","idx":4,"n":4,"text":"A fundamental requirement for any measures derogating from the Covenant, as set forth in article 4, paragraph 1, is that such measures are limited to the extent strictly required by the exigencies of the situation. This requirement relates to the duration, geographical coverage and material scope of the state of emergency and any measures of derogation resorted to because of the emergency. Derogation from some Covenant obligations in emergency situations is clearly distinct from restrictions or limitations allowed even in normal times under several provisions of the Covenant. Nevertheless, the obligation to limit any derogations to those strictly required by the exigencies of the situation reflects the principle of proportionality which is common to derogation and limitation powers. Moreover, the mere fact that a permissible derogation from a specific provision may, of itself, be justified by the exigencies of the situation does not obviate the requirement that specific measures taken pursuant to the derogation must also be shown to be required by the exigencies of the situation. In practice, this will ensure that no provision of the Covenant, however validly derogated from will be entirely inapplicable to the behaviour of a State party. When considering States parties’ reports the Committee has expressed its concern over insufficient attention being paid to the principle of proportionality.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0005","docId":"ccpr-c-21-rev-1-add-11","idx":5,"n":5,"text":"The issues of when rights can be derogated from, and to what extent, cannot be separated from the provision in article 4, paragraph 1, of the Covenant according to which any measures derogating from a State party’s obligations under the Covenant must be limited “to the extent strictly required by the exigencies of the situation”. This condition requires that States parties provide careful justification not only for their decision to proclaim a state of emergency but also for any specific measures based on such a proclamation. If States purport to invoke the right to derogate from the Covenant during, for instance, a natural catastrophe, a mass demonstration including instances of violence, or a major industrial accident, they must be able to justify not only that such a situation constitutes a threat to the life of the nation, but also that all their measures derogating from the Covenant are strictly required by the exigencies of the situation. In the opinion of the Committee, the possibility of restricting certain Covenant rights under the terms of, for instance, freedom of movement (article 12) or freedom of assembly (article 21) is generally sufficient during such situations and no derogation from the provisions in question would be justified by the exigencies of the situation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0006","docId":"ccpr-c-21-rev-1-add-11","idx":6,"n":6,"text":"The fact that some of the provisions of the Covenant have been listed in article 4 (paragraph 2), as not being subject to derogation does not mean that other articles in the Covenant may be subjected to derogations at will, even where a threat to the life of the nation exists. The legal obligation to narrow down all derogations to those strictly required by the exigencies of the situation establishes both for States parties and for the Committee a duty to conduct a careful analysis under each article of the Covenant based on an objective assessment of the actual situation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0007","docId":"ccpr-c-21-rev-1-add-11","idx":7,"n":7,"text":"Article 4, paragraph 2, of the Covenant explicitly prescribes that no derogation from the following articles may be made: article 6 (right to life), article 7 (prohibition of torture or cruel, inhuman or degrading punishment, or of medical or scientific experimentation without consent), article 8, paragraphs 1 and 2 (prohibition of slavery, slave-trade and servitude), article 11 (prohibition of imprisonment because of inability to fulfil a contractual obligation), article 15 (the principle of legality in the field of criminal law, i.e. the requirement of both criminal liability and punishment being limited to clear and precise provisions in the law that was in place and applicable at the time the act or omission took place, except in cases where a later law imposes a lighter penalty), article 16 (the recognition of everyone as a person before the law), and article 18 (freedom of thought, conscience and religion). The rights enshrined in these provisions are non-derogable by the very fact that they are listed in article 4, paragraph 2. The same applies, in relation to States that are parties to the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty, as prescribed in article 6 of that Protocol. Conceptually, the qualification of a Covenant provision as a non-derogable one does not mean that no limitations or restrictions would ever be justified. The reference in article 4, paragraph 2, to article 18, a provision that includes a specific clause on restrictions in its paragraph 3, demonstrates that the permissibility of restrictions is independent of the issue of derogability. Even in times of most serious public emergencies, States that interfere with the freedom to manifest one’s religion or belief must justify their actions by referring to the requirements specified in article 18, paragraph 3. On several occasions the Committee has expressed its concern about rights that are non-derogable according to article 4, paragraph 2, being either derogated from or under a risk of derogation owing to inadequacies in the legal regime of the State party.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"article":"4","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'Article 4, paragraph 2, of the Covenant explicitly prescribes that no derogation from the following articles may be made' — ICCPR art.4 (derogation clause)."},{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 6 (right to life)' listed among non-derogable articles of the Covenant — ICCPR art.6."},{"article":"7","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 7 (prohibition of torture...)' — ICCPR art.7."},{"article":"8","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 8, paragraphs 1 and 2 (prohibition of slavery...)' — ICCPR art.8."},{"article":"11","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 11 (prohibition of imprisonment because of inability to fulfil a contractual obligation)' — ICCPR art.11."},{"article":"15","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 15 (the principle of legality in the field of criminal law)' — ICCPR art.15."},{"article":"16","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 16 (the recognition of everyone as a person before the law)' — ICCPR art.16."},{"article":"18","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 18 (freedom of thought, conscience and religion)' listed as non-derogable in ICCPR art.4(2) — ICCPR art.18."},{"article":"4","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second mention: 'listed in article 4, paragraph 2' referring again to the ICCPR derogation clause — ICCPR art.4."},{"article":"6","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"'as prescribed in article 6 of that Protocol' — 'that Protocol' clearly refers to the Second Optional Protocol to the Covenant (just named), so this is ICCPR-OP2 art.6 (abolition of death penalty). Override from regex default ICCPR."},{"article":"4","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Third ref to art.4: 'The reference in article 4, paragraph 2, to article 18' — ICCPR art.4."},{"article":"18","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second mention of art.18: 'The reference in article 4, paragraph 2, to article 18, a provision that includes a specific clause on restrictions in its paragraph 3' — ICCPR art.18."},{"article":"18","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Third mention of art.18: 'must justify their actions by referring to the requirements specified in article 18, paragraph 3' — ICCPR art.18(3)."},{"article":"4","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Fourth ref to art.4: 'rights that are non-derogable according to article 4, paragraph 2' — ICCPR art.4."}]},{"id":"ccpr-c-21-rev-1-add-11-0008","docId":"ccpr-c-21-rev-1-add-11","idx":8,"n":8,"text":"According to article 4, paragraph 1, one of the conditions for the justifiability of any derogation from the Covenant is that the measures taken do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. Even though article 26 or the other Covenant provisions related to non-discrimination (articles 2, 3, 14, paragraph 1, 23, paragraph 4, 24, paragraph 1, and 25) have not been listed among the non-derogable provisions in article 4, paragraph 2, there are elements or dimensions of the right to non-discrimination that cannot be derogated from in any circumstances. In particular, this provision of article 4, paragraph 1, must be complied with if any distinctions between persons are made when resorting to measures that derogate from the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0009","docId":"ccpr-c-21-rev-1-add-11","idx":9,"n":9,"text":"Furthermore, article 4, paragraph 1, requires that no measure derogating from the provisions of the Covenant may be inconsistent with the State party’s other obligations under international law, particularly the rules of international humanitarian law. Article 4 of the Covenant cannot be read as justification for derogation from the Covenant if such derogation would entail a breach of the State’s other international obligations, whether based on treaty or general international law. This is reflected also in article 5, paragraph 2, of the Covenant according to which there shall be no restriction upon or derogation from any fundamental rights recognized in other instruments on the pretext that the Covenant does not recognize such rights or that it recognizes them to a lesser extent.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"5","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0010","docId":"ccpr-c-21-rev-1-add-11","idx":10,"n":10,"text":"Although it is not the function of the Human Rights Committee to review the conduct of a State party under other treaties, in exercising its functions under the Covenant the Committee has the competence to take a State party’s other international obligations into account when it considers whether the Covenant allows the State party to derogate from specific provisions of the Covenant. Therefore, when invoking article 4, paragraph 1, or when reporting under article 40 on the legal framework related to emergencies, States parties should present information on their other international obligations relevant for the protection of the rights in question, in particular those obligations that are applicable in times of emergency. In this respect, States parties should duly take into account the developments within international law as to human rights standards applicable in emergency situations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0011","docId":"ccpr-c-21-rev-1-add-11","idx":11,"n":11,"text":"The enumeration of non-derogable provisions in article 4 is related to, but not identical with, the question whether certain human rights obligations bear the nature of peremptory norms of international law. The proclamation of certain provisions of the Covenant as being of a non‑derogable nature, in article 4, paragraph 2, is to be seen partly as recognition of the peremptory nature of some fundamental rights ensured in treaty form in the Covenant (e.g., articles 6 and 7). However, it is apparent that some other provisions of the Covenant were included in the list of non-derogable provisions because it can never become necessary to derogate from these rights during a state of emergency (e.g., articles 11 and 18). Furthermore, the category of peremptory norms extends beyond the list of non-derogable provisions as given in article 4, paragraph 2. States parties may in no circumstances invoke article 4 of the Covenant as justification for acting in violation of humanitarian law or peremptory norms of international law, for instance by taking hostages, by imposing collective punishments, through arbitrary deprivations of liberty or by deviating from fundamental principles of fair trial, including the presumption of innocence.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"11","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0012","docId":"ccpr-c-21-rev-1-add-11","idx":12,"n":12,"text":"In assessing the scope of legitimate derogation from the Covenant, one criterion can be found in the definition of certain human rights violations as crimes against humanity. If action conducted under the authority of a State constitutes a basis for individual criminal responsibility for a crime against humanity by the persons involved in that action, article 4 of the Covenant cannot be used as justification that a state of emergency exempted the State in question from its responsibility in relation to the same conduct. Therefore, the recent codification of crimes against humanity, for jurisdictional purposes, in the Rome Statute of the International Criminal Court is of relevance in the interpretation of article 4 of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0013","docId":"ccpr-c-21-rev-1-add-11","idx":13,"n":13,"text":"In those provisions of the Covenant that are not listed in article 4, paragraph 2, there are elements that in the Committee’s opinion cannot be made subject to lawful derogation under article 4. Some illustrative examples are presented below. (a)All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Although this right, prescribed in article 10 of the Covenant, is not separately mentioned in the list of non-derogable rights in article 4, paragraph 2, the Committee believes that here the Covenant expresses a norm of general international law not subject to derogation. This is supported by the reference to the inherent dignity of the human person in the preamble to the Covenant and by the close connection between articles 7 and 10. (b)The prohibitions against taking of hostages, abductions or unacknowledged detention are not subject to derogation. The absolute nature of these prohibitions, even in times of emergency, is justified by their status as norms of general international law. (c)The Committee is of the opinion that the international protection of the rights of persons belonging to minorities includes elements that must be respected in all circumstances. This is reflected in the prohibition against genocide in international law, in the inclusion of a non-discrimination clause in article 4 itself (paragraph 1), as well as in the non-derogable nature of article 18. (d)As confirmed by the Rome Statute of the International Criminal Court, deportation or forcible transfer of population without grounds permitted under international law, in the form of forced displacement by expulsion or other coercive means from the area in which the persons concerned are lawfully present, constitutes a crime against humanity. The legitimate right to derogate from article 12 of the Covenant during a state of emergency can never be accepted as justifying such measures. (e)No declaration of a state of emergency made pursuant to article 4, paragraph 1, may be invoked as justification for a State party to engage itself, contrary to article 20, in propaganda for war, or in advocacy of national, racial or religious hatred that would constitute incitement to discrimination, hostility or violence.","labels":["Persons deprived of their liberty","Internally displaced persons"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0014","docId":"ccpr-c-21-rev-1-add-11","idx":14,"n":14,"text":"Article 2, paragraph 3, of the Covenant requires a State party to the Covenant to provide remedies for any violation of the provisions of the Covenant. This clause is not mentioned in the list of non-derogable provisions in article 4, paragraph 2, but it constitutes a treaty obligation inherent in the Covenant as a whole. Even if a State party, during a state of emergency, and to the extent that such measures are strictly required by the exigencies of the situation, may introduce adjustments to the practical functioning of its procedures governing judicial or other remedies, the State party must comply with the fundamental obligation, under article 2, paragraph 3, of the Covenant to provide a remedy that is effective.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0015","docId":"ccpr-c-21-rev-1-add-11","idx":15,"n":15,"text":"It is inherent in the protection of rights explicitly recognized as non-derogable in article 4, paragraph 2, that they must be secured by procedural guarantees, including, often, judicial guarantees. The provisions of the Covenant relating to procedural safeguards may never be made subject to measures that would circumvent the protection of non-derogable rights. Article 4 may not be resorted to in a way that would result in derogation from non-derogable rights. Thus, for example, as article 6 of the Covenant is non-derogable in its entirety, any trial leading to the imposition of the death penalty during a state of emergency must conform to the provisions of the Covenant, including all the requirements of articles 14 and 15.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"15","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0016","docId":"ccpr-c-21-rev-1-add-11","idx":16,"n":16,"text":"Safeguards related to derogation, as embodied in article 4 of the Covenant, are based on the principles of legality and the rule of law inherent in the Covenant as a whole. As certain elements of the right to a fair trial are explicitly guaranteed under international humanitarian law during armed conflict, the Committee finds no justification for derogation from these guarantees during other emergency situations. The Committee is of the opinion that the principles of legality and the rule of law require that fundamental requirements of fair trial must be respected during a state of emergency. Only a court of law may try and convict a person for a criminal offence. The presumption of innocence must be respected. In order to protect non-derogable rights, the right to take proceedings before a court to enable the court to decide without delay on the lawfulness of detention, must not be diminished by a State party’s decision to derogate from the Covenant.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0017","docId":"ccpr-c-21-rev-1-add-11","idx":17,"n":17,"text":"In paragraph 3 of article 4, States parties, when they resort to their power of derogation under article 4, commit themselves to a regime of international notification. A State party availing itself of the right of derogation must immediately inform the other States parties, through the United Nations Secretary‑General, of the provisions it has derogated from and of the reasons for such measures. Such notification is essential not only for the discharge of the Committee’s functions, in particular in assessing whether the measures taken by the State party were strictly required by the exigencies of the situation, but also to permit other States parties to monitor compliance with the provisions of the Covenant. In view of the summary character of many of the notifications received in the past, the Committee emphasizes that the notification by States parties should include full information about the measures taken and a clear explanation of the reasons for them, with full documentation attached regarding their law. Additional notifications are required if the State party subsequently takes further measures under article 4, for instance by extending the duration of a state of emergency. The requirement of immediate notification applies equally in relation to the termination of derogation. These obligations have not always been respected: States parties have failed to notify other States parties, through the Secretary-General, of a proclamation of a state of emergency and of the resulting measures of derogation from one or more provisions of the Covenant, and States parties have sometimes neglected to submit a notification of territorial or other changes in the exercise of their emergency powers.’Sometimes, the existence of a state of emergency and the question of whether a State party has derogated from provisions of the Covenant have come to the attention of the Committee only incidentally, in the course of the consideration of a State party’s report. The Committee emphasizes the obligation of immediate international notification whenever a State party takes measures derogating from its obligations under the Covenant. The duty of the Committee to monitor the law and practice of a State party for compliance with article 4 does not depend on whether that State party has submitted a notification.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"annotated-ccpr-gc2-reporting-guidelines-0001","docId":"annotated-ccpr-gc2-reporting-guidelines","idx":1,"n":1,"text":"The Committee has noted that some of the reports submitted initially were so brief and general that the Committee found it necessary to elaborate general guidelines regarding the form and content of reports. These guidelines were designed to ensure that reports are presented in a uniform manner and to enable the Committee and States parties to obtain a complete picture of the situation in each State as regards the implementation of the rights referred to in the Covenant. Despite the guidelines, however, some reports are still so brief and general that they do not satisfy the reporting obligations under article 40.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"annotated-ccpr-gc2-reporting-guidelines-0002","docId":"annotated-ccpr-gc2-reporting-guidelines","idx":2,"n":2,"text":"Article 2 of the Covenant requires States parties to adopt such legislative or other measures and provide such remedies as may be necessary to implement the Covenant. Article 40 requires States parties to submit to the Committee reports on the measures adopted by them, on the progress made in the enjoyment of the Covenant rights and the factors and difficulties, if any, affecting the implementation of the Covenant. Even reports which were in their form generally in accordance with the guidelines have in substance been incomplete. It has been difficult to understand from some reports whether the Covenant had been implemented as part of national legislation and many of them were clearly incomplete as regards relevant legislation. In some reports the role of national bodies or organs in supervising and in implementing the rights had not been made clear. Further, very few reports have given any account of the factors and difficulties affecting the implementation of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"annotated-ccpr-gc2-reporting-guidelines-0003","docId":"annotated-ccpr-gc2-reporting-guidelines","idx":3,"n":3,"text":"The Committee considers that the reporting obligation embraces not only the relevant laws and other norms relating to the obligations under the Covenant but also the practices and decisions of courts and other organs of the State party as well as further relevant facts which are likely to show the degree of the actual implementation and enjoyment of the rights recognized in the Covenant, the progress achieved and factors and difficulties in implementing the obligations under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"annotated-ccpr-gc2-reporting-guidelines-0004","docId":"annotated-ccpr-gc2-reporting-guidelines","idx":4,"n":4,"text":"It is the practice of the Committee, in accordance with Rule 68 of its Provisional Rules of Procedure, to examine reports in the presence of representatives of the reporting States. All States whose reports have been examined have cooperated with the Committee in this way but the level, experience and the number of representatives have varied. The Committee wishes to state that, if it is to be able to perform its functions under article 40 as effectively as possible and if the reporting State is to obtain the maximum benefit from the dialogue, it is desirable that the States representatives should have such status and experience (and preferably be in such number) as to respond to questions put, and the comments made, in the Committee over the whole range of matters covered by the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-12-0001","docId":"ccpr-c-21-rev-1-add-12","idx":1,"n":1,"text":"States parties have undertaken to submit reports in accordance with article 40 of the Covenant within one year of its entry into force for the States parties concerned and, thereafter, whenever the Committee so requests.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002,"citedArticles":[{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-12-0002","docId":"ccpr-c-21-rev-1-add-12","idx":2,"n":2,"text":"The Committee notes, as appears from its annual reports, that only a small number of States have submitted their reports on time. Most of them have been submitted with delays ranging from a few months to several years and some States parties are still in default, despite repeated reminders by the Committee.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002},{"id":"ccpr-c-21-rev-1-add-12-0003","docId":"ccpr-c-21-rev-1-add-12","idx":3,"n":3,"text":"Other States have announced that they would appear before the Committee but have not done so on the scheduled date.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002},{"id":"ccpr-c-21-rev-1-add-12-0004","docId":"ccpr-c-21-rev-1-add-12","idx":4,"n":4,"text":"4. To remedy such situations, the Committee has adopted new rules:","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002},{"id":"ccpr-c-21-rev-1-add-12-0005","docId":"ccpr-c-21-rev-1-add-12","idx":5,"n":5,"text":"After the Committee has adopted concluding observations, a follow-up procedure shall be employed in order to establish, maintain or restore a dialogue with the State party. For this purpose and in order to enable the Committee to take further action, the Committee shall appoint a Special Rapporteur, who will report to the Committee.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002},{"id":"ccpr-c-21-rev-1-add-12-0006","docId":"ccpr-c-21-rev-1-add-12","idx":6,"n":6,"text":"In the light of the report of the Special Rapporteur, the Committee shall assess the position adopted by the State party and, if necessary, set a new date for the State party to submit its next report.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002},{"id":"ccpr-c-21-rev-1-add-13-0001","docId":"ccpr-c-21-rev-1-add-13","idx":1,"n":1,"text":"1. This General Comment replaces General Comment No 3, reflecting and developing its principles. The general non-discrimination provisions of article 2, paragraph 1, have been addressed in General Comment 18 and General Comment 28, and this General Comment should be read together with them.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0002","docId":"ccpr-c-21-rev-1-add-13","idx":2,"n":2,"text":"2. While article 2 is couched in terms of the obligations of State Parties towards individuals as the right-holders under the Covenant, every State Party has a legal interest in the performance by every other State Party of its obligations. This follows from the fact that the ‘rules concerning the basic rights of the human person’ are erga omnes obligations and that, as indicated in the fourth preambular paragraph of the Covenant, there is a United Nations Charter obligation to promote universal respect for, and observance of, human rights and fundamental freedoms. Furthermore, the contractual dimension of the treaty involves any State Party to a treaty being obligated to every other State Party to comply with its undertakings under the treaty. In this connection, the Committee reminds States Parties of the desirability of making the declaration contemplated in article 41. It further reminds those States Parties already having made the declaration of the potential value of availing themselves of the procedure under that article. However, the mere fact that a formal interstate mechanism for complaints to the Human Rights Committee exists in respect of States Parties that have made the declaration under article 41 does not mean that this procedure is the only method by which States Parties can assert their interest in the performance of other States Parties. On the contrary, the article 41 procedure should be seen as supplementary to, not diminishing of, States Parties’ interest in each others’ discharge of their obligations. Accordingly, the Committee commends to States Parties the view that violations of Covenant rights by any State Party deserve their attention. To draw attention to possible breaches of Covenant obligations by other States Parties and to call on them to comply with their Covenant obligations should, far from being regarded as an unfriendly act, be considered as a reflection of legitimate community interest.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"41","source":"regex"},{"treaty":"ICCPR","article":"41","source":"regex"},{"treaty":"ICCPR","article":"41","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0003","docId":"ccpr-c-21-rev-1-add-13","idx":3,"n":3,"text":"3. Article 2 defines the scope of the legal obligations undertaken by States Parties to the Covenant. A general obligation is imposed on States Parties to respect the Covenant rights and to ensure them to all individuals in their territory and subject to their jurisdiction (see paragraph 10 below). Pursuant to the principle articulated in article 26 of the Vienna Convention on the Law of Treaties, States Parties are required to give effect to the obligations under the Covenant in good faith.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0004","docId":"ccpr-c-21-rev-1-add-13","idx":4,"n":4,"text":"4. The obligations of the Covenant in general and article 2 in particular are binding on every State Party as a whole. All branches of government (executive, legislative and judicial), and other public or governmental authorities, at whatever level - national, regional or local - are in a position to engage the responsibility of the State Party. The executive branch that usually represents the State Party internationally, including before the Committee, may not point to the fact that an action incompatible with the provisions of the Covenant was carried out by another branch of government as a means of seeking to relieve the State Party from responsibility for the action and consequent incompatibility. This understanding flows directly from the principle contained in article 27 of the Vienna Convention on the Law of Treaties, according to which a State Party ‘may not invoke the provisions of its internal law as justification for its failure to perform a treaty’. Although article 2, paragraph 2, allows States Parties to give effect to Covenant rights in accordance with domestic constitutional processes, the same principle operates so as to prevent States parties from invoking provisions of the constitutional law or other aspects of domestic law to justify a failure to perform or give effect to obligations under the treaty. In this respect, the Committee reminds States Parties with a federal structure of the terms of article 50, according to which the Covenant’s provisions ‘shall extend to all parts of federal states without any limitations or exceptions’.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"50","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0005","docId":"ccpr-c-21-rev-1-add-13","idx":5,"n":5,"text":"5. The article 2, paragraph 1, obligation to respect and ensure the rights recognized by in the Covenant has immediate effect for all States parties. Article 2, paragraph 2, provides the overarching framework within which the rights specified in the Covenant are to be promoted and protected. The Committee has as a consequence previously indicated in its General Comment 24 that reservations to article 2, would be incompatible with the Covenant when considered in the light of its objects and purposes.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0006","docId":"ccpr-c-21-rev-1-add-13","idx":6,"n":6,"text":"6. The legal obligation under article 2, paragraph 1, is both negative and positive in nature. States Parties must refrain from violation of the rights recognized by the Covenant, and any restrictions on any of those rights must be permissible under the relevant provisions of the Covenant. Where such restrictions are made, States must demonstrate their necessity and only take such measures as are proportionate to the pursuance of legitimate aims in order to ensure continuous and effective protection of Covenant rights. In no case may the restrictions be applied or invoked in a manner that would impair the essence of a Covenant right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0007","docId":"ccpr-c-21-rev-1-add-13","idx":7,"n":7,"text":"7. Article 2 requires that States Parties adopt legislative, judicial, administrative, educative and other appropriate measures in order to fulfil their legal obligations. The Committee believes that it is important to raise levels of awareness about the Covenant not only among public officials and State agents but also among the population at large.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0008","docId":"ccpr-c-21-rev-1-add-13","idx":8,"n":8,"text":"8. The article 2, paragraph 1, obligations are binding on States [Parties] and do not, as such, have direct horizontal effect as a matter of international law. The Covenant cannot be viewed as a substitute for domestic criminal or civil law. However the positive obligations on States Parties to ensure Covenant rights will only be fully discharged if individuals are protected by the State, not just against violations of Covenant rights by its agents, but also against acts committed by private persons or entities that would impair the enjoyment of Covenant rights in so far as they are amenable to application between private persons or entities. There may be circumstances in which a failure to ensure Covenant rights as required by article 2 would give rise to violations by States Parties of those rights, as a result of States Parties’ permitting or failing to take appropriate measures or to exercise due diligence to prevent, punish, investigate or redress the harm caused by such acts by private persons or entities. States are reminded of the interrelationship between the positive obligations imposed under article 2 and the need to provide effective remedies in the event of breach under article 2, paragraph 3. The Covenant itself envisages in some articles certain areas where there are positive obligations on States Parties to address the activities of private persons or entities. For example, the privacy-related guarantees of article 17 must be protected by law. It is also implicit in article 7 that States Parties have to take positive measures to ensure that private persons or entities do not inflict torture or cruel, inhuman or degrading treatment or punishment on others within their power. In fields affecting basic aspects of ordinary life such as work or housing, individuals are to be protected from discrimination within the meaning of article 26.]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0009","docId":"ccpr-c-21-rev-1-add-13","idx":9,"n":9,"text":"9. The beneficiaries of the rights recognized by the Covenant are individuals. Although, with the exception of article 1, the Covenant does not mention he rights of legal persons or similar entities or collectivities, many of the rights recognized by the Covenant, such as the freedom to manifest one’s religion or belief (article 18), the freedom of association (article 22) or the rights of members of minorities (article 27), may be enjoyed in community with others. The fact that the competence of the Committee to receive and consider communications is restricted to those submitted by or on behalf of individuals (article 1 of the Optional Protocol) does not prevent such individuals from claiming that actions or omissions that concern legal persons and similar entities amount to a violation of their own rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"article":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'with the exception of article 1, the Covenant does not mention the rights of legal persons' — ICCPR art.1 (self-determination). First of the two art.1 refs."},{"article":"18","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the freedom to manifest one's religion or belief (article 18)' — ICCPR art.18."},{"article":"22","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the freedom of association (article 22)' — ICCPR art.22."},{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the rights of members of minorities (article 27)' — ICCPR art.27."},{"article":"1","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"'the competence of the Committee to receive and consider communications is restricted to those submitted by or on behalf of individuals (article 1 of the Optional Protocol)' — text explicitly attributes this to the Optional Protocol (ICCPR-OP1 art.1). Override from regex default ICCPR."}]},{"id":"ccpr-c-21-rev-1-add-13-0010","docId":"ccpr-c-21-rev-1-add-13","idx":10,"n":10,"text":"10. States Parties are required by article 2, paragraph 1, to respect and to ensure the Covenant rights to all persons who may be within their territory and to all persons subject to their jurisdiction. This means that a State party must respect and ensure the rights laid down in the Covenant to anyone within the power or effective control of that State Party, even if not situated within the territory of the State Party. As indicated in General Comment 15 adopted at the twenty-seventh session (1986), the enjoyment of Covenant rights is not limited to citizens of States Parties but must also be available to all individuals, regardless of nationality or statelessness, such as asylum seekers, refugees, migrant workers and other persons, who may find themselves in the territory or subject to the jurisdiction of the State Party. This principle also applies to those within the power or effective control of the forces of a State Party acting outside its territory, regardless of the circumstances in which such power or effective control was obtained, such as forces constituting a national contingent of a State Party assigned to an international peace-keeping or peace-enforcement operation.","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0011","docId":"ccpr-c-21-rev-1-add-13","idx":11,"n":11,"text":"11. As implied in General Comment 29[[fn:1]]1, the Covenant applies also in situations of armed conflict to which the rules of international humanitarian law are applicable. While, in respect of certain Covenant rights, more specific rules of international humanitarian law may be specially relevant for the purposes of the interpretation of Covenant rights, both spheres of law are complementary, not mutually exclusive.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"footnotes":[{"n":1,"text":"1 General Comment No.29 on States of Emergencies, adopted on 24 July 2001, reproduced in Annual Report for 2001, A/56/40, Annex VI, paragraph 3."}]},{"id":"ccpr-c-21-rev-1-add-13-0012","docId":"ccpr-c-21-rev-1-add-13","idx":12,"n":12,"text":"12. Moreover, the article 2 obligation requiring that States Parties respect and ensure the Covenant rights for all persons in their territory and all persons under their control entails an obligation not to extradite, deport, expel or otherwise remove a person from their territory, where there are substantial grounds for believing that there is a real risk of irreparable harm, such as that contemplated by articles 6 and 7 of the Covenant, either in the country to which removal is to be effected or in any country to which the person may subsequently be removed. The relevant judicial and administrative authorities should be made aware of the need to ensure compliance with the Covenant obligations in such matters.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0013","docId":"ccpr-c-21-rev-1-add-13","idx":13,"n":13,"text":"13. Article 2, paragraph 2, requires that States Parties take the necessary steps to give effect to the Covenant rights in the domestic order. It follows that, unless Covenant rights are already protected by their domestic laws or practices, States Parties are required on ratification to make such changes to domestic laws and practices as are necessary to ensure their conformity with the Covenant. Where there are inconsistencies between domestic law and the Covenant, article 2 requires that the domestic law or practice be changed to meet the standards imposed by the Covenant’s substantive guarantees. Article 2 allows a State Party to pursue this in accordance with its own domestic constitutional structure and accordingly does not require that the Covenant be directly applicable in the courts, by incorporation of the Covenant into national law. The Committee takes the view, however, that Covenant guarantees may receive enhanced protection in those States where the Covenant is automatically or through specific incorporation part of the domestic legal order. The Committee invites those States Parties in which the Covenant does not form part of the domestic legal order to consider incorporation of the Covenant to render it part of domestic law to facilitate full realization of Covenant rights as required by article 2.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0014","docId":"ccpr-c-21-rev-1-add-13","idx":14,"n":14,"text":"14. The requirement under article 2, paragraph 2, to take steps to give effect to the Covenant rights is unqualified and of immediate effect. A failure to comply with this obligation cannot be justified by reference to political, social, cultural or economic considerations within the State.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0015","docId":"ccpr-c-21-rev-1-add-13","idx":15,"n":15,"text":"15. Article 2, paragraph 3, requires that in addition to effective protection of Covenant rights States Parties must ensure that individuals also have accessible and effective remedies to vindicate those rights. Such remedies should be appropriately adapted so as to take account of the special vulnerability of certain categories of person, including in particular children. The Committee attaches importance to States Parties’ establishing appropriate judicial and administrative mechanisms for addressing claims of rights violations under domestic law. The Committee notes that the enjoyment of the rights recognized under the Covenant can be effectively assured by the judiciary in many different ways, including direct applicability of the Covenant, application of comparable constitutional or other provisions of law, or the interpretive effect of the Covenant in the application of national law. Administrative mechanisms are particularly required to give effect to the general obligation to investigate allegations of violations promptly, thoroughly and effectively through independent and impartial bodies. National human rights institutions, endowed with appropriate powers, can contribute to this end. A failure by a State Party to investigate allegations of violations could in and of itself give rise to a separate breach of the Covenant. Cessation of an ongoing violation is an essential element of the right to an effective remedy.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0016","docId":"ccpr-c-21-rev-1-add-13","idx":16,"n":16,"text":"16. Article 2, paragraph 3, requires that States Parties make reparation to individuals whose Covenant rights have been violated. Without reparation to individuals whose Covenant rights have been violated, the obligation to provide an effective remedy, which is central to the efficacy of article 2, paragraph 3, is not discharged. In addition to the explicit reparation required by articles 9, paragraph 5, and 14, paragraph 6, the Committee considers that the Covenant generally entails appropriate compensation. The Committee notes that, where appropriate, reparation can involve restitution, rehabilitation and measures of satisfaction, such as public apologies, public memorials, guarantees of non-repetition and changes in relevant laws and practices, as well as bringing to justice the perpetrators of human rights violations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0017","docId":"ccpr-c-21-rev-1-add-13","idx":17,"n":17,"text":"17. In general, the purposes of the Covenant would be defeated without an obligation integral to article 2 to take measures to prevent a recurrence of a violation of the Covenant. Accordingly, it has been a frequent practice of the Committee in cases under the Optional Protocol to include in its Views the need for measures, beyond a victim-specific remedy, to be taken to avoid recurrence of the type of violation in question. Such measures may require changes in the State Party’s laws or practices.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"article":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the purposes of the Covenant would be defeated without an obligation integral to article 2 to take measures to prevent a recurrence' — ICCPR art.2. The Optional Protocol mention is procedural context only."}]},{"id":"ccpr-c-21-rev-1-add-13-0018","docId":"ccpr-c-21-rev-1-add-13","idx":18,"n":18,"text":"18. Where the investigations referred to in paragraph 15 reveal violations of certain Covenant rights, States Parties must ensure that those responsible are brought to justice. As with failure to investigate, failure to bring to justice perpetrators of such violations could in and of itself give rise to a separate breach of the Covenant. These obligations arise notably in respect of those violations recognized as criminal under either domestic or international law, such as torture and similar cruel, inhuman and degrading treatment (article 7), summary and arbitrary killing (article 6) and enforced disappearance (articles 7 and 9 and, frequently, 6). Indeed, the problem of impunity for these violations, a matter of sustained concern by the Committee, may well be an important contributing element in the recurrence of the violations. When committed as part of a widespread or systematic attack on a civilian population, these violations of the Covenant are crimes against humanity (see Rome Statute of the International Criminal Court, article 7).","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0019","docId":"ccpr-c-21-rev-1-add-13","idx":19,"n":19,"text":"19. The Committee further takes the view that the right to an effective remedy may in certain circumstances require States Parties to provide for and implement provisional or interim measures to avoid continuing violations and to endeavour to repair at the earliest possible opportunity any harm that may have been caused by such violations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004},{"id":"ccpr-c-21-rev-1-add-13-0020","docId":"ccpr-c-21-rev-1-add-13","idx":20,"n":20,"text":"20. Even when the legal systems of States parties are formally endowed with the appropriate remedy, violations of Covenant rights still take place. This is presumably attributable to the failure of the remedies to function effectively in practice. Accordingly, States parties are requested to provide information on the obstacles to the effectiveness of existing remedies in their periodic reports.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004},{"id":"ccpr-c-gc-32-0001","docId":"ccpr-c-gc-32","idx":1,"n":1,"text":"This general comment replaces general comment No. 13 (twenty-first session).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["I. GENERAL REMARKS"]},{"id":"ccpr-c-gc-32-0002","docId":"ccpr-c-gc-32","idx":2,"n":2,"text":"The right to equality before the courts and tribunals and to a fair trial is a key element of human rights protection and serves as a procedural means to safeguard the rule of law. Article 14 of the Covenant aims at ensuring the proper administration of justice, and to this end guarantees a series of specific rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["I. GENERAL REMARKS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0003","docId":"ccpr-c-gc-32","idx":3,"n":3,"text":"Article 14 is of a particularly complex nature, combining various guarantees with different scopes of application. The first sentence of paragraph 1 sets out a general guarantee of equality before courts and tribunals that applies regardless of the nature of proceedings before such bodies. The second sentence of the same paragraph entitles individuals to a fair and public hearing by a competent, independent and impartial tribunal established by law, if they face any criminal charges or if their rights and obligations are determined in a suit at law. In such proceedings the media and the public may be excluded from the hearing only in the cases specified in the third sentence of paragraph 1. Paragraphs 2 – 5 of the article contain procedural guarantees available to persons charged with a criminal offence. Paragraph 6 secures a substantive right to compensation in cases of miscarriage of justice in criminal cases. Paragraph 7 prohibits double jeopardy and thus guarantees a substantive freedom, namely the right to remain free from being tried or punished again for an offence for which an individual has already been finally convicted or acquitted. States parties to the Covenant, in their reports, should clearly distinguish between these different aspects of the right to a fair trial.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["I. GENERAL REMARKS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0004","docId":"ccpr-c-gc-32","idx":4,"n":4,"text":"Article 14 contains guarantees that States parties must respect, regardless of their legal traditions and their domestic law. While they should report on how these guarantees are interpreted in relation to their respective legal systems, the Committee notes that it cannot be left to the sole discretion of domestic law to determine the essential content of Covenant guarantees.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["I. GENERAL REMARKS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0005","docId":"ccpr-c-gc-32","idx":5,"n":5,"text":"While reservations to particular clauses of article 14 may be acceptable, a general reservation to the right to a fair trial would be incompatible with the object and purpose of the Covenant.[[fn:1]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":1,"text":"General comment, No. 24 (1994) on issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant, para. 8."}],"section":["I. GENERAL REMARKS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0006","docId":"ccpr-c-gc-32","idx":6,"n":6,"text":"While article 14 is not included in the list of non-derogable rights of article 4, paragraph 2 of the Covenant, States derogating from normal procedures required under article 14 in circumstances of a public emergency should ensure that such derogations do not exceed those strictly required by the exigencies of the actual situation. The guarantees of fair trial may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights. Thus, for example, as article 6 of the Covenant is non-derogable in its entirety, any trial leading to the imposition of the death penalty during a state of emergency must conform to the provisions of the Covenant, including all the requirements of article 14.[[fn:2]] Similarly, as article 7 is also non-derogable in its entirety, no statements or confessions or, in principle, other evidence obtained in violation of this provision may be invoked as evidence in any proceedings covered by article 14, including during a state of emergency,[[fn:3]] except if a statement or confession obtained in violation of article 7 is used as evidence that torture or other treatment prohibited by this provision occurred.[[fn:4]] Deviating from fundamental principles of fair trial, including the presumption of innocence, is prohibited at all times.[[fn:5]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":2,"text":"General comment No. 29 (2001) on article 4: Derogations during a state of emergency, para. 15."},{"n":3,"text":"Ibid, paras. 7 and 15.","isIbid":true,"resolvedText":"General comment No. 29 (2001) on article 4: Derogations during a state of emergency, para. 15."},{"n":4,"text":"Cf. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, article 15."},{"n":5,"text":"General comment No. 29 (2001) on article 4: Derogations during a state of emergency, para. 11."}],"section":["I. GENERAL REMARKS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-32-0007","docId":"ccpr-c-gc-32","idx":7,"n":7,"text":"The first sentence of article 14, paragraph 1 guarantees in general terms the right to equality before courts and tribunals. This guarantee not only applies to courts and tribunals addressed in the second sentence of this paragraph of article 14, but must also be respected whenever domestic law entrusts a judicial body with a judicial task.[[fn:6]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":6,"text":"Communication No. 1015/2001, Perterer v. Austria, para. 9.2 (disciplinary proceedings against a civil servant); Communication No. 961/2000, Everett v. Spain, para. 6.4 (extradition)."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0008","docId":"ccpr-c-gc-32","idx":8,"n":8,"text":"The right to equality before courts and tribunals, in general terms, guarantees, in addition to the principles mentioned in the second sentence of Article 14, paragraph 1, those of equal access and equality of arms, and ensures that the parties to the proceedings in question are treated without any discrimination.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0009","docId":"ccpr-c-gc-32","idx":9,"n":9,"text":"Article 14 encompasses the right of access to the courts in cases of determination of criminal charges and rights and obligations in a suit at law. Access to administration of justice must effectively be guaranteed in all such cases to ensure that no individual is deprived, in CCPR/C/GC/32 Page 3 procedural terms, of his/her right to claim justice. The right of access to courts and tribunals and equality before them is not limited to citizens of States parties, but must also be available to all individuals, regardless of nationality or statelessness, or whatever their status, whether asylum seekers, refugees, migrant workers, unaccompanied children or other persons, who may find themselves in the territory or subject to the jurisdiction of the State party. A situation in which an individual’s attempts to access the competent courts or tribunals are systematically frustrated de jure or de facto runs counter to the guarantee of article 14, paragraph 1, first sentence.[[fn:7]] This guarantee also prohibits any distinctions regarding access to courts and tribunals that are not based on law and cannot be justified on objective and reasonable grounds. The guarantee is violated if certain persons are barred from bringing suit against any other persons such as by reason of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.[[fn:8]]","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":7,"text":"Communication No. 468/1991, Oló Bahamonde v. Equatorial Guinea, para. 9.4."},{"n":8,"text":"Communication No. 202/1986, Ato del Avellanal v. Peru, para. 10.2 (limitation of the right to represent matrimonial property before courts to the husband, thus excluding married women from suing in court). See also general comment No. 18 (1989) on non-discrimination, para. 7."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0010","docId":"ccpr-c-gc-32","idx":10,"n":10,"text":"The availability or absence of legal assistance often determines whether or not a person can access the relevant proceedings or participate in them in a meaningful way. While article 14 explicitly addresses the guarantee of legal assistance in criminal proceedings in paragraph 3 (d), States are encouraged to provide free legal aid in other cases, for individuals who do not have sufficient means to pay for it. In some cases, they may even be obliged to do so. For instance, where a person sentenced to death seeks available constitutional review of irregularities in a criminal trial but does not have sufficient means to meet the costs of legal assistance in order to pursue such remedy, the State is obliged to provide legal assistance in accordance with article 14, paragraph 1, in conjunction with the right to an effective remedy as enshrined in article 2, paragraph 3 of the Covenant.[[fn:9]]","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":9,"text":"Communications No. 377/1989, Currie v. Jamaica, para. 13.4; No. 704/1996, Shaw v. Jamaica, para. 7.6; No. 707/1996, Taylor v. Jamaica, para. 8.2; No. 752/1997, Henry v. Trinidad and Tobago, para. 7.6; No. 845/1998, Kennedy v. Trinidad and Tobago, para. 7.10."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-gc-32-0011","docId":"ccpr-c-gc-32","idx":11,"n":11,"text":"Similarly, the imposition of fees on the parties to proceedings that would de facto prevent their access to justice might give rise to issues under article 14, paragraph 1.[[fn:10]] In particular, a rigid duty under law to award costs to a winning party without consideration of the implications thereof or without providing legal aid may have a deterrent effect on the ability of persons to pursue the vindication of their rights under the Covenant in proceedings available to them.[[fn:11]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":10,"text":"Communication No. 646/1995, Lindon v. Australia, para. 6.4."},{"n":11,"text":"Communication No. 779/1997, Äärelä and Näkkäläjärvi v. Finland, para. 7.2."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0012","docId":"ccpr-c-gc-32","idx":12,"n":12,"text":"The right of equal access to a court, embodied in article 14, paragraph 1, concerns access to first instance procedures and does not address the issue of the right to appeal or other remedies.[[fn:12]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":12,"text":"Communication No. 450/1991, I.P. v. Finland, para. 6.2."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0013","docId":"ccpr-c-gc-32","idx":13,"n":13,"text":"The right to equality before courts and tribunals also ensures equality of arms. This means that the same procedural rights are to be provided to all the parties unless distinctions are based on law and can be justified on objective and reasonable grounds, not entailing actual disadvantage or other unfairness to the defendant.[[fn:13]] There is no equality of arms if, for instance, only the prosecutor, but not the defendant, is allowed to appeal a certain decision.[[fn:14]] The principle of equality between parties applies also to civil proceedings, and demands, inter alia, that each side be given the opportunity to contest all the arguments and evidence adduced by the other party.[[fn:15]] In exceptional cases, it also might require that the free assistance of an interpreter be provided where otherwise an indigent party could not participate in the proceedings on equal terms or witnesses produced by it be examined.","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":13,"text":"Communication No. 1347/2005, Dudko v. Australia, para. 7.4."},{"n":14,"text":"Communication No. 1086/2002, Weiss v. Austria, para. 9.6. For another example of a violation of the principle of equality of arms see Communication No. 223/1987, Robinson v. Jamaica, para. 10.4 (adjournment of hearing)."},{"n":15,"text":"Communication No. 846/1999, Jansen-Gielen v. The Netherlands, para. 8.2 and No. 779/1997, Äärelä and Näkkäläjärvi v. Finland, para. 7.4."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"]},{"id":"ccpr-c-gc-32-0014","docId":"ccpr-c-gc-32","idx":14,"n":14,"text":"Equality before courts and tribunals also requires that similar cases are dealt with in similar proceedings. If, for example, exceptional criminal procedures or specially constituted courts or tribunals apply in the determination of certain categories of cases,[[fn:16]] objective and reasonable grounds must be provided to justify the distinction.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":16,"text":"E.g. if jury trials are excluded for certain categories of offenders (see concluding observations, United Kingdom of Great Britain and Northern Ireland, CCPR/CO/73/UK (2001), para. 18) or offences."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"]},{"id":"ccpr-c-gc-32-0015","docId":"ccpr-c-gc-32","idx":15,"n":15,"text":"The right to a fair and public hearing by a competent, independent and impartial tribunal established by law is guaranteed, according to the second sentence of article 14, paragraph 1, in cases regarding the determination of criminal charges against individuals or of their rights and obligations in a suit at law. Criminal charges relate in principle to acts declared to be punishable under domestic criminal law. The notion may also extend to acts that are criminal in nature with sanctions that, regardless of their qualification in domestic law, must be regarded as penal because of their purpose, character or severity.[[fn:17]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":17,"text":"Communication No. 1015/2001, Perterer v. Austria, para. 9.2."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0016","docId":"ccpr-c-gc-32","idx":16,"n":16,"text":"The concept of determination of rights and obligations “in a suit at law” (de caractère civil/de carácter civil) is more complex. It is formulated differently in the various languages of the Covenant that, according to article 53 of the Covenant, are equally authentic, and the travaux préparatoires do not resolve the discrepancies in the various language texts. The Committee notes that the concept of a “suit at law” or its equivalents in other language texts is based on the nature of the right in question rather than on the status of one of the parties or the particular forum provided by domestic legal systems for the determination of particular rights.[[fn:18]] The concept encompasses (a) judicial procedures aimed at determining rights and obligations pertaining to the areas of contract, property and torts in the area of private law, as well as (b) equivalent notions in the area of administrative law such as the termination of employment of civil servants for other than disciplinary reasons,[[fn:19]] the determination of social security benefits[[fn:20]] or the pension rights of soldiers,[[fn:21]] or procedures regarding the use of public land[[fn:22]] or the taking CCPR/C/GC/32 Page 5 of private property. In addition, it may (c) cover other procedures which, however, must be assessed on a case by case basis in the light of the nature of the right in question.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":18,"text":"Communication No. 112/1981, Y.L. v. Canada, paras. 9.1 and 9.2."},{"n":19,"text":"Communication No. 441/1990, Casanovas v. France, para. 5.2."},{"n":20,"text":"Communication No. 454/1991, Garcia Pons v. Spain, para. 9.3"},{"n":21,"text":"Communication No. 112/1981, Y.L. v. Canada, para. 9.3."},{"n":22,"text":"Communication No. 779/1997, Äärelä and Näkkäläjätvi v. Finland, paras. 7.2 – 7.4."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"53","source":"regex"}]},{"id":"ccpr-c-gc-32-0017","docId":"ccpr-c-gc-32","idx":17,"n":17,"text":"On the other hand, the right to access a court or tribunal as provided for by article 14, paragraph 1, second sentence, does not apply where domestic law does not grant any entitlement to the person concerned. For this reason, the Committee held this provision to be inapplicable in cases where domestic law did not confer any right to be promoted to a higher position in the civil service,[[fn:23]] to be appointed as a judge[[fn:24]] or to have a death sentence commuted by an executive body.[[fn:25]] Furthermore, there is no determination of rights and obligations in a suit at law where the persons concerned are confronted with measures taken against them in their capacity as persons subordinated to a high degree of administrative control, such as disciplinary measures not amounting to penal sanctions being taken against a civil servant,[[fn:26]] a member of the armed forces, or a prisoner. This guarantee furthermore does not apply to extradition, expulsion and deportation procedures.[[fn:27]] Although there is no right of access to a court or tribunal as provided for by article 14, paragraph 1, second sentence, in these and similar cases, other procedural guarantees may still apply.[[fn:28]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":23,"text":"Communication No. 837/1998, Kolanowski v. Poland, para. 6.4."},{"n":24,"text":"Communications No. 972/2001, Kazantzis v. Cyprus, para. 6.5; No. 943/2000, Jacobs v. Belgium, para. 8.7, and No. 1396/2005, Rivera Fernández v. Spain, para. 6.3."},{"n":25,"text":"Communication No. 845/1998, Kennedy v. Trinidad and Tobago, para. 7.4."},{"n":26,"text":"Communication No. 1015/2001, Perterer v. Austria, para. 9.2 (disciplinary dismissal)."},{"n":27,"text":"Communications No. 1341/2005, Zundel v. Canada, para. 6.8, No. 1359/2005, Esposito v. Spain, para. 7.6."},{"n":28,"text":"See para. 62 below."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0018","docId":"ccpr-c-gc-32","idx":18,"n":18,"text":"The notion of a “tribunal” in article 14, paragraph 1 designates a body, regardless of its denomination, that is established by law, is independent of the executive and legislative branches of government or enjoys in specific cases judicial independence in deciding legal matters in proceedings that are judicial in nature. Article 14, paragraph 1, second sentence, guarantees access to such tribunals to all who have criminal charges brought against them. This right cannot be limited, and any criminal conviction by a body not constituting a tribunal is incompatible with this provision. Similarly, whenever rights and obligations in a suit at law are determined, this must be done at least at one stage of the proceedings by a tribunal within the meaning of this sentence. The failure of a State party to establish a competent tribunal to determine such rights and obligations or to allow access to such a tribunal in specific cases would amount to a violation of article 14 if such limitations are not based on domestic legislation, are not necessary to pursue legitimate aims such as the proper administration of justice, or are based on exceptions from jurisdiction deriving from international law such, for example, as immunities, or if the access left to an individual would be limited to an extent that would undermine the very essence of the right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0019","docId":"ccpr-c-gc-32","idx":19,"n":19,"text":"The requirement of competence, independence and impartiality of a tribunal in the sense of article 14, paragraph 1, is an absolute right that is not subject to any exception.[[fn:29]] The requirement of independence refers, in particular, to the procedure and qualifications for the appointment of judges, and guarantees relating to their security of tenure until a mandatory retirement age or the expiry of their term of office, where such exist the conditions governing promotion, transfer, suspension and cessation of their functions, and the actual independence of the judiciary from political interference by the executive branch and legislature. States should take specific measures guaranteeing the independence of the judiciary, protecting judges from any form of political influence in their decision-making through the constitution or adoption of laws establishing clear procedures and objective criteria for the appointment, remuneration, tenure, promotion, suspension and dismissal of the members of the judiciary and disciplinary sanctions taken against them.[[fn:30]] A situation where the functions and competencies of the judiciary and the executive are not clearly distinguishable or where the latter is able to control or direct the former is incompatible with the notion of an independent tribunal.[[fn:31]] It is necessary to protect judges against conflicts of interest and intimidation. In order to safeguard their independence, the status of judges, including their term of office, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":29,"text":"Communication No. 263/1987, Gonzalez del Rio v. Peru, para. 5.2."},{"n":30,"text":"Concluding observations, Slovakia, CCPR/C/79/Add.79 (1997), para. 18."},{"n":31,"text":"Communication No. 468/1991, Oló Bahamonde v. Equatorial Guinea, para. 9.4."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0020","docId":"ccpr-c-gc-32","idx":20,"n":20,"text":"Judges may be dismissed only on serious grounds of misconduct or incompetence, in accordance with fair procedures ensuring objectivity and impartiality set out in the constitution or the law. The dismissal of judges by the executive, e.g. before the expiry of the term for which they have been appointed, without any specific reasons given to them and without effective judicial protection being available to contest the dismissal is incompatible with the independence of the judiciary.[[fn:32]] The same is true, for instance, for the dismissal by the executive of judges alleged to be corrupt, without following any of the procedures provided for by the law.[[fn:33]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":32,"text":"Communication No. 814/1998, Pastukhov v. Belarus, para. 7.3."},{"n":33,"text":"Communication No. 933/2000, Mundyo Busyo et al v. Democratic Republic of Congo, para. 5.2."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"]},{"id":"ccpr-c-gc-32-0021","docId":"ccpr-c-gc-32","idx":21,"n":21,"text":"The requirement of impartiality has two aspects. First, judges must not allow their judgement to be influenced by personal bias or prejudice, nor harbour preconceptions about the particular case before them, nor act in ways that improperly promote the interests of one of the parties to the detriment of the other.[[fn:34]] Second, the tribunal must also appear to a reasonable observer to be impartial. For instance, a trial substantially affected by the participation of a judge who, under domestic statutes, should have been disqualified cannot normally be considered to be impartial.[[fn:35]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":34,"text":"Communication No. 387/1989, Karttunen v. Finland, para. 7.2."},{"n":35,"text":"Idem.","isIbid":true,"resolvedText":"Communication No. 387/1989, Karttunen v. Finland, para. 7.2."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"]},{"id":"ccpr-c-gc-32-0022","docId":"ccpr-c-gc-32","idx":22,"n":22,"text":"The provisions of article 14 apply to all courts and tribunals within the scope of that article whether ordinary or specialized, civilian or military. The Committee notes the existence, in many countries, of military or special courts which try civilians. While the Covenant does not prohibit the trial of civilians in military or special courts, it requires that such trials are in full conformity with the requirements of article 14 and that its guarantees cannot be limited or modified because of the military or special character of the court concerned. The Committee also notes that the trial of civilians in military or special courts may raise serious problems as far as the equitable, impartial and independent administration of justice is concerned. Therefore, it is important to take all necessary measures to ensure that such trials take place under conditions which genuinely afford the full guarantees stipulated in article 14. Trials of civilians by military or special courts should be exceptional,[[fn:36]] i.e. limited to cases where the State party can show that resorting to such trials is necessary and justified by objective and serious reasons, and where CCPR/C/GC/32 Page 7 with regard to the specific class of individuals and offences at issue the regular civilian courts are unable to undertake the trials.[[fn:37]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":36,"text":"Also see Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, art. 64 and general comment No. 31 (2004) on the Nature of the General Legal Obligation Imposed on States Parties to the Covenant, para. 11."},{"n":37,"text":"See communication No. 1172/2003, Madani v. Algeria, para. 8.7."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0023","docId":"ccpr-c-gc-32","idx":23,"n":23,"text":"Some countries have resorted to special tribunals of “faceless judges” composed of anonymous judges, e.g. within measures taken to fight terrorist activities. Such courts, even if the identity and status of such judges has been verified by an independent authority, often suffer not only from the fact that the identity and status of the judges is not made known to the accused persons but also from irregularities such as exclusion of the public or even the accused or their representatives[[fn:38]] from the proceedings;[[fn:39]] restrictions of the right to a lawyer of their own choice;[[fn:40]] severe restrictions or denial of the right to communicate with their lawyers, particularly when held incommunicado;[[fn:41]] threats to the lawyers;[[fn:42]] inadequate time for preparation of the case;[[fn:43]] or severe restrictions or denial of the right to summon and examine or have examined witnesses, including prohibitions on cross-examining certain categories of witnesses, e.g. police officers responsible for the arrest and interrogation of the defendant.[[fn:44]] Tribunals with or without faceless judges, in circumstances such as these, do not satisfy basic standards of fair trial and, in particular, the requirement that the tribunal must be independent and impartial.[[fn:45]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":38,"text":"Communication No. 1298/2004, Becerra Barney v. Colombia, para.7.2."},{"n":39,"text":"Communications No. 577/1994, Polay Campos v. Peru, para. 8.8; No. 678/1996, Gutiérrez Vivanco v. Peru, para. 7.1; No. 1126/2002, Carranza Alegre v. Peru, para. 7.5."},{"n":40,"text":"Communication No. 678/1996, Gutiérrez Vivanco v. Peru, para. 7.1."},{"n":41,"text":"Communication No.577/1994, Polay Campos v. Peru, para. 8.8; Communication No. 1126/2002, Carranza Alegre v. Peru, para.7.5."},{"n":42,"text":"Communication No. 1058/2002, Vargas Mas v. Peru, para. 6.4."},{"n":43,"text":"Communication No. 1125/2002, Quispe Roque v. Peru, para. 7.3."},{"n":44,"text":"Communication No. 678/1996, Gutiérrez Vivanco v. Peru, para. 7.1; Communication No. 1126/2002, Carranza Alegre v. Peru, para.7.5; Communication No. 1125/2002, Quispe Roque v. Peru, para. 7.3; Communication No. 1058/2002, Vargas Mas v. Peru, para. 6.4."},{"n":45,"text":"Communications No. 577/1994, Polay Campos v. Peru, para. 8.8 ; No. 678/1996, Gutiérrez Vivanco v. Peru, para. 7.1."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"]},{"id":"ccpr-c-gc-32-0024","docId":"ccpr-c-gc-32","idx":24,"n":24,"text":"Article 14 is also relevant where a State, in its legal order, recognizes courts based on customary law, or religious courts, to carry out or entrusts them with judicial tasks. It must be ensured that such courts cannot hand down binding judgments recognized by the State, unless the following requirements are met: proceedings before such courts are limited to minor civil and criminal matters, meet the basic requirements of fair trial and other relevant guarantees of the Covenant, and their judgments are validated by State courts in light of the guarantees set out in the Covenant and can be challenged by the parties concerned in a procedure meeting the requirements of article 14 of the Covenant. These principles are notwithstanding the general obligation of the State to protect the rights under the Covenant of any persons affected by the operation of customary and religious courts.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0025","docId":"ccpr-c-gc-32","idx":25,"n":25,"text":"The notion of fair trial includes the guarantee of a fair and public hearing. Fairness of proceedings entails the absence of any direct or indirect influence, pressure or intimidation or intrusion from whatever side and for whatever motive. A hearing is not fair if, for instance, the defendant in criminal proceedings is faced with the expression of a hostile attitude from the public or support for one party in the courtroom that is tolerated by the court, thereby impinging on the right to defence,[[fn:46]] or is exposed to other manifestations of hostility with similar effects. Expressions of racist attitudes by a jury[[fn:47]] that are tolerated by the tribunal, or a racially biased jury selection are other instances which adversely affect the fairness of the procedure.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":46,"text":"Communication No. 770/1997, Gridin v. Russian Federation, para. 8.2."},{"n":47,"text":"See Committee on the Elimination of Racial Discrimination, communication No. 3/1991, Narrainen v. Norway, para. 9.3."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"]},{"id":"ccpr-c-gc-32-0026","docId":"ccpr-c-gc-32","idx":26,"n":26,"text":"Article 14 guarantees procedural equality and fairness only and cannot be interpreted as ensuring the absence of error on the part of the competent tribunal.[[fn:48]] It is generally for the courts of States parties to the Covenant to review facts and evidence, or the application of domestic legislation, in a particular case, unless it can be shown that such evaluation or application was clearly arbitrary or amounted to a manifest error or denial of justice, or that the court otherwise violated its obligation of independence and impartiality.[[fn:49]] The same standard applies to specific instructions to the jury by the judge in a trial by jury.[[fn:50]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":48,"text":"Communications No. 273/1988, B.d.B. v. The Netherlands, para. 6.3; No. 1097/2002, Martínez Mercader et al v. Spain, para. 6.3."},{"n":49,"text":"Communication No. 1188/2003, Riedl-Riedenstein et al. v. Germany, para. 7.3; No. 886/1999, Bondarenko v. Belarus, para. 9.3; No. 1138/2002, Arenz et al. v. Germany, admissibility decision, para. 8.6."},{"n":50,"text":"Communication No. 253/1987, Kelly v. Jamaica, para. 5.13; No. 349/1989, Wright v. Jamaica, para. 8.3."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0027","docId":"ccpr-c-gc-32","idx":27,"n":27,"text":"An important aspect of the fairness of a hearing is its expeditiousness. While the issue of undue delays in criminal proceedings is explicitly addressed in paragraph 3 (c) of article 14, delays in civil proceedings that cannot be justified by the complexity of the case or the behaviour of the parties detract from the principle of a fair hearing enshrined in paragraph 1 of this provision.[[fn:51]] Where such delays are caused by a lack of resources and chronic under-funding, to the extent possible supplementary budgetary resources should be allocated for the administration of justice.[[fn:52]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":51,"text":"Communication No. 203/1986, Mũnoz Hermoza v. Peru, para. 11.3 ; No. 514/1992, Fei v. Colombia, para. 8.4 ."},{"n":52,"text":"See e.g. Concluding observations, Democratic Republic of Congo, CCPR/C/COD/CO/3 (2006), para. 21, Central African Republic, CCPR//C/CAF/CO/2 (2006), para. 16."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0028","docId":"ccpr-c-gc-32","idx":28,"n":28,"text":"All trials in criminal matters or related to a suit at law must in principle be conducted orally and publicly. The publicity of hearings ensures the transparency of proceedings and thus provides an important safeguard for the interest of the individual and of society at large. Courts must make information regarding the time and venue of the oral hearings available to the public and provide for adequate facilities for the attendance of interested members of the public, within reasonable limits, taking into account, inter alia, the potential interest in the case and the duration of the oral hearing.[[fn:53]] The requirement of a public hearing does not necessarily apply to all appellate proceedings which may take place on the basis of written presentations,[[fn:54]] or to pre-trial decisions made by prosecutors and other public authorities.[[fn:55]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":53,"text":"Communication No. 215/1986, Van Meurs v. The Netherlands, para. 6.2."},{"n":54,"text":"Communication No. 301/1988, R.M. v. Finland, para. 6.4."},{"n":55,"text":"Communication No. 819/1998, Kavanagh v. Ireland, para. 10.4."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"]},{"id":"ccpr-c-gc-32-0029","docId":"ccpr-c-gc-32","idx":29,"n":29,"text":"Article 14, paragraph 1, acknowledges that courts have the power to exclude all or part of the public for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would be prejudicial to the interests of justice. Apart from such exceptional circumstances, a hearing must be open to the general public, including members of the media, and must not, for CCPR/C/GC/32 Page 9 instance, be limited to a particular category of persons. Even in cases in which the public is excluded from the trial, the judgment, including the essential findings, evidence and legal reasoning must be made public, except where the interest of juvenile persons otherwise requires, or the proceedings concern matrimonial disputes or the guardianship of children.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0030","docId":"ccpr-c-gc-32","idx":30,"n":30,"text":"According to article 14, paragraph 2 everyone charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to law. The presumption of innocence, which is fundamental to the protection of human rights, imposes on the prosecution the burden of proving the charge, guarantees that no guilt can be presumed until the charge has been proved beyond reasonable doubt, ensures that the accused has the benefit of doubt, and requires that persons accused of a criminal act must be treated in accordance with this principle. It is a duty for all public authorities to refrain from prejudging the outcome of a trial, e.g. by abstaining from making public statements affirming the guilt of the accused.[[fn:56]] Defendants should normally not be shackled or kept in cages during trials or otherwise presented to the court in a manner indicating that they may be dangerous criminals. The media should avoid news coverage undermining the presumption of innocence. Furthermore, the length of pre-trial detention should never be taken as an indication of guilt and its degree.[[fn:57]] The denial of bail[[fn:58]] or findings of liability in civil proceedings[[fn:59]] do not affect the presumption of innocence.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":56,"text":"Communication No. 770/1997, Gridin v. Russian Federation, paras. 3.5 and 8.3."},{"n":57,"text":"On the relationship between article 14, paragraph 2 and article 9 of the Covenant (pre-trial detention) see, e.g. concluding observations, Italy, CCPR/C/ITA/CO/5 (2006), para. 14 and Argentina, CCPR/CO/70/ARG (2000), para. 10."},{"n":58,"text":"Communication No. 788/1997, Cagas, Butin and Astillero v. Philippines, para. 7.3."},{"n":59,"text":"Communication No. 207/1986, Morael v. France, para. 9.5; No. 408/1990, W.J.H. v. The Netherlands, para. 6.2; No. 432/1990, W.B.E. v. The Netherlands, para. 6.6."}],"section":["IV. PRESUMPTION OF INNOCENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0031","docId":"ccpr-c-gc-32","idx":31,"n":31,"text":"The right of all persons charged with a criminal offence to be informed promptly and in detail in a language which they understand of the nature and cause of criminal charges brought against them, enshrined in paragraph 3 (a), is the first of the minimum guarantees in criminal proceedings of article 14. This guarantee applies to all cases of criminal charges, including those of persons not in detention, but not to criminal investigations preceding the laying of charges.[[fn:60]] Notice of the reasons for an arrest is separately guaranteed in article 9, paragraph 2 of the Covenant.[[fn:61]] The right to be informed of the charge “promptly” requires that information be given as soon as the person concerned is formally charged with a criminal offence under domestic law,[[fn:62]] or the individual is publicly named as such. The specific requirements of subparagraph 3 (a) may be met by stating the charge either orally - if later confirmed in writing - or in writing, provided that the information indicates both the law and the alleged general facts on which the charge is based. In the case of trials in absentia, article 14, paragraph 3 (a) requires that, notwithstanding the absence of the accused, all due steps have been taken to inform accused persons of the charges and to notify them of the proceedings.[[fn:63]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":60,"text":"Communication No. 1056/2002, Khachatrian v. Armenia, para. 6.4."},{"n":61,"text":"Communication No. 253/1987, Kelly v. Jamaica, para. 5.8."},{"n":62,"text":"Communications No. 1128/2002, Márques de Morais v. Angola, para. 5.4 and 253/1987, Kelly v. Jamaica, para. 5.8."},{"n":63,"text":"Communication No. 16/1977, Mbenge v. Zaire, para. 14.1."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0032","docId":"ccpr-c-gc-32","idx":32,"n":32,"text":"Subparagraph 3 (b) provides that accused persons must have adequate time and facilities for the preparation of their defence and to communicate with counsel of their own choosing. This provision is an important element of the guarantee of a fair trial and an application of the principle of equality of arms.[[fn:64]] In cases of an indigent defendant, communication with counsel might only be assured if a free interpreter is provided during the pre-trial and trial phase.[[fn:65]] What counts as “adequate time” depends on the circumstances of each case. If counsel reasonably feel that the time for the preparation of the defence is insufficient, it is incumbent on them to request the adjournment of the trial.[[fn:66]] A State party is not to be held responsible for the conduct of a defence lawyer, unless it was, or should have been, manifest to the judge that the lawyer’s behaviour was incompatible with the interests of justice.[[fn:67]] There is an obligation to grant reasonable requests for adjournment, in particular, when the accused is charged with a serious criminal offence and additional time for preparation of the defence is needed.[[fn:68]]","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":64,"text":"Communications No. 282/1988, Smith v. Jamaica , para. 10.4; Nos. 226/1987 and 256/1987, Sawyers, Mclean and Mclean v. Jamaica, para. 13.6."},{"n":65,"text":"See communication No. 451/1991, Harward v. Norway, para. 9.5."},{"n":66,"text":"Communication No. 1128/2002, Morais v. Angola, para. 5.6. Similarly Communications No. 349/1989, Wright v. Jamaica, para. 8.4; No. 272/1988, Thomas v. Jamaica, para. 11.4; No. 230/87, Henry v. Jamaica, para. 8.2; Nos. 226/1987 and 256/1987, Sawyers, Mclean and Mclean v. Jamaica, para. 13.6."},{"n":67,"text":"Communication No. 1128/2002, Márques de Morais v. Angola, para. 5.4."},{"n":68,"text":"Communications No. 913/2000, Chan v. Guyana, para. 6.3; No. 594/1992, Phillip v. Trinidad and Tobago, para. 7.2."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"]},{"id":"ccpr-c-gc-32-0033","docId":"ccpr-c-gc-32","idx":33,"n":33,"text":"“Adequate facilities” must include access to documents and other evidence; this access must include all materials[[fn:69]] that the prosecution plans to offer in court against the accused or that are exculpatory. Exculpatory material should be understood as including not only material establishing innocence but also other evidence that could assist the defence (e.g. indications that a confession was not voluntary). In cases of a claim that evidence was obtained in violation of article 7 of the Covenant, information about the circumstances in which such evidence was obtained must be made available to allow an assessment of such a claim. If the accused does not speak the language in which the proceedings are held, but is represented by counsel who is familiar with the language, it may be sufficient that the relevant documents in the case file are made available to counsel[[fn:70]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":69,"text":"See concluding observations, Canada, CCPR/C/CAN/CO/5 (2005), para. 13."},{"n":70,"text":"Communication No. 451/1991, Harward v. Norway, para. 9.5."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-32-0034","docId":"ccpr-c-gc-32","idx":34,"n":34,"text":"The right to communicate with counsel requires that the accused is granted prompt access to counsel. Counsel should be able to meet their clients in private and to communicate with the accused in conditions that fully respect the confidentiality of their communications.[[fn:71]] Furthermore, lawyers should be able to advise and to represent persons charged with a criminal offence in accordance with generally recognised professional ethics without restrictions, influence, pressure or undue interference from any quarter.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":71,"text":"Communications No. 1117/2002, Khomidova v. Tajikistan, para. 6.4; No. 907/2000, Siragev v. Uzbekistan, para. 6.3; No. 770/1997, Gridin v. Russian Federation, para. 8.5."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"]},{"id":"ccpr-c-gc-32-0035","docId":"ccpr-c-gc-32","idx":35,"n":35,"text":"The right of the accused to be tried without undue delay, provided for by article 14, paragraph 3 (c), is not only designed to avoid keeping persons too long in a state of uncertainty about their fate and, if held in detention during the period of the trial, to ensure that such deprivation of liberty does not last longer than necessary in the circumstances of the specific case, but also to serve the interests of justice. What is reasonable has to be assessed in the CCPR/C/GC/32 Page 11 circumstances of each case,[[fn:72]] taking into account mainly the complexity of the case, the conduct of the accused, and the manner in which the matter was dealt with by the administrative and judicial authorities. In cases where the accused are denied bail by the court, they must be tried as expeditiously as possible.[[fn:73]] This guarantee relates not only to the time between the formal charging of the accused and the time by which a trial should commence, but also the time until the final judgement on appeal.[[fn:74]] All stages, whether in first instance or on appeal must take place “without undue delay.”","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":72,"text":"See e.g. communication No. 818/1998, Sextus v Trinidad and Tobago, para. 7.2 regarding a delay of 22 months between the charging of the accused with a crime carrying the death penalty and the beginning of the trial without specific circumstances justifying the delay. In communication No. 537/1993, Kelly v. Jamaica, para. 5.11, an 18 months delay between charges and beginning of the trial did not violate art. 14, para. 3 (c). See also communication No. 676/1996, Yasseen and Thomas v. Guyana, para. 7.11 (delay of two years between a decision by the Court of Appeal and the beginning of a retrial) and communication No. 938/2000, Siewpersaud, Sukhram, and Persaud v. Trinidad v Tobago, para. 6.2 (total duration of criminal proceedings of almost five years in the absence of any explanation from the State party justifying the delay)."},{"n":73,"text":"Communication No. 818/1998, Sextus v. Trinidad and Tobago, para. 7.2."},{"n":74,"text":"Communications No. 1089/2002, Rouse v. Philippines, para.7.4; No. 1085/2002, Taright, Touadi, Remli and Yousfi v. Algeria, para. 8.5."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0036","docId":"ccpr-c-gc-32","idx":36,"n":36,"text":"Article 14, paragraph 3 (d) contains three distinct guarantees. First, the provision requires that accused persons are entitled to be present during their trial. Proceedings in the absence of the accused may in some circumstances be permissible in the interest of the proper administration of justice, i.e. when accused persons, although informed of the proceedings sufficiently in advance, decline to exercise their right to be present. Consequently, such trials are only compatible with article 14, paragraph 3 (d) if the necessary steps are taken to summon accused persons in a timely manner and to inform them beforehand about the date and place of their trial and to request their attendance.[[fn:75]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":75,"text":"Communications No. 16/1977, Mbenge v. Zaire, para. 14.1; No. 699/1996, Maleki v. Italy, para. 9.3."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0037","docId":"ccpr-c-gc-32","idx":37,"n":37,"text":"Second, the right of all accused of a criminal charge to defend themselves in person or through legal counsel of their own choosing and to be informed of this right, as provided for by article 14, paragraph 3 (d), refers to two types of defence which are not mutually exclusive. Persons assisted by a lawyer have the right to instruct their lawyer on the conduct of their case, within the limits of professional responsibility, and to testify on their own behalf. At the same time, the wording of the Covenant is clear in all official languages, in that it provides for a defence to be conducted in person “or” with legal assistance of one’s own choosing, thus providing the possibility for the accused to reject being assisted by any counsel. This right to defend oneself without a lawyer is, however not absolute. The interests of justice may, in the case of a specific trial, require the assignment of a lawyer against the wishes of the accused, particularly in cases of persons substantially and persistently obstructing the proper conduct of trial, or facing a grave charge but being unable to act in their own interests, or where this is necessary to protect vulnerable witnesses from further distress or intimidation if they were to be questioned by the accused. However, any restriction of the wish of accused persons to defend themselves must have an objective and sufficiently serious purpose and not go beyond what is necessary to uphold the interests of justice. Therefore, domestic law should avoid any absolute bar against the right to defend oneself in criminal proceedings without the assistance of counsel.[[fn:76]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":76,"text":"Communication No. 1123/2002, Correia de Matos v. Portugal, paras. 7.4 and 7.5."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0038","docId":"ccpr-c-gc-32","idx":38,"n":38,"text":"Third, article 14, paragraph 3 (d) guarantees the right to have legal assistance assigned to accused persons whenever the interests of justice so require, and without payment by them in any such case if they do not have sufficient means to pay for it. The gravity of the offence is important in deciding whether counsel should be assigned “in the interest of justice”[[fn:77]] as is the existence of some objective chance of success at the appeals stage.[[fn:78]] In cases involving capital punishment, it is axiomatic that the accused must be effectively assisted by a lawyer at all stages of the proceedings.[[fn:79]] Counsel provided by the competent authorities on the basis of this provision must be effective in the representation of the accused. Unlike in the case of privately retained lawyers,[[fn:80]] blatant misbehaviour or incompetence, for example the withdrawal of an appeal without consultation in a death penalty case,[[fn:81]] or absence during the hearing of a witness in such cases[[fn:82]] may entail the responsibility of the State concerned for a violation of article 14, paragraph 3 (d), provided that it was manifest to the judge that the lawyer’s behaviour was incompatible with the interests of justice.[[fn:83]] There is also a violation of this provision if the court or other relevant authorities hinder appointed lawyers from fulfilling their task effectively.[[fn:84]]","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":77,"text":"Communication No. 646/1995, Lindon v. Australia, para. 6.5."},{"n":78,"text":"Communication No. 341/1988, Z.P. v. Canada, para. 5.4."},{"n":79,"text":"Communications No. 985/2001, Aliboeva v. Tajikistan, para. 6.4; No. 964/2001, Saidova v. Tajikistan, para. 6.8; No. 781/1997, Aliev v. Ukraine, para. 7.3; No. 554/1993, LaVende v. Trinidad and Tobago, para. 58."},{"n":80,"text":"Communication No. 383/1989, H.C. v. Jamaica, para. 6.3."},{"n":81,"text":"Communication No. 253/1987, Kelly v. Jamaica, para. 9.5."},{"n":82,"text":"Communication No. 838/1998, Hendricks v. Guyana, para. 6.4. For the case of an absence of an author’s legal representative during the hearing of a witness in a preliminary hearing see Communication No. 775/1997, Brown v. Jamaica, para. 6.6."},{"n":83,"text":"Communications No. 705/1996, Taylor v. Jamaica, para. 6.2 ; No. 913/2000, Chan v. Guyana, para. 6.2; No. 980/2001, Hussain v. Mauritius, para. 6.3."},{"n":84,"text":"Communication No. 917/2000, Arutyunyan v. Uzbekistan, para. 6.3."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0039","docId":"ccpr-c-gc-32","idx":39,"n":39,"text":"Paragraph 3 (e) of article 14 guarantees the right of accused persons to examine, or have examined, the witnesses against them and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses against them. As an application of the principle of equality of arms, this guarantee is important for ensuring an effective defence by the accused and their counsel and thus guarantees the accused the same legal powers of compelling the attendance of witnesses and of examining or cross-examining any witnesses as are available to the prosecution. It does not, however, provide an unlimited right to obtain the attendance of any witness requested by the accused or their counsel, but only a right to have witnesses admitted that are relevant for the defence, and to be given a proper opportunity to question and challenge witnesses against them at some stage of the proceedings. Within these limits, and subject to the limitations on the use of statements, confessions and other evidence obtained in violation of article 7,[[fn:85]] it is primarily for the domestic legislatures of States parties to determine the admissibility of evidence and how their courts assess it.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":85,"text":"See para. 6 above.","isSelfRef":true,"resolvedText":"General Comment No. 32: Article 14: Right to equality before courts and tribunals and to a fair trial, (CCPR/C/GC/32), paragraph 6","referencesPara":6}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-32-0040","docId":"ccpr-c-gc-32","idx":40,"n":40,"text":"The right to have the free assistance of an interpreter if the accused cannot understand or speak the language used in court as provided for by article 14, paragraph 3 (f) enshrines another aspect of the principles of fairness and equality of arms in criminal proceedings.[[fn:86]] This right arises at all stages of the oral proceedings. It applies to aliens as well as to nationals. However, accused persons whose mother tongue differs from the official court language are, in CCPR/C/GC/32 Page 13 principle, not entitled to the free assistance of an interpreter if they know the official language sufficiently to defend themselves effectively.[[fn:87]]","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":86,"text":"Communication No. 219/1986, Guesdon v. France, para. 10.2."},{"n":87,"text":"Idem.","isIbid":true,"resolvedText":"Communication No. 219/1986, Guesdon v. France, para. 10.2."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0041","docId":"ccpr-c-gc-32","idx":41,"n":41,"text":"Finally, article 14, paragraph 3 (g), guarantees the right not to be compelled to testify against oneself or to confess guilt. This safeguard must be understood in terms of the absence of any direct or indirect physical or undue psychological pressure from the investigating authorities on the accused, with a view to obtaining a confession of guilt. A fortiori, it isunacceptable to treat an accused person in a manner contrary to article 7 of the Covenant in order to extract a confession.[[fn:88]] Domestic law must ensure that statements or confessions obtained in violation of article 7 of the Covenant are excluded from the evidence, except if such material is used as evidence that torture or other treatment prohibited by this provision occurred,[[fn:89]] and that in such cases the burden is on the State to prove that statements made by the accused have been given of their own free will.[[fn:90]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":88,"text":"Communications No. 1208/2003, Kurbonov v. Tajikistan, paras. 6.2 – 6.4; No. 1044/2002, Shukurova v. Tajikistan, paras. 8.2 – 8.3; No. 1033/2001, Singarasa v. Sri Lanka, para. 7.4; ; No. 912/2000, Deolall v. Guyana, para. 5.1; No. 253/1987, Kelly v. Jamaica, para. 5.5."},{"n":89,"text":"Cf. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 15. On the use of other evidence obtained in violation of article 7 of the Covenant, see paragraph 6 above."},{"n":90,"text":"Communications No. 1033/2001, Singarasa v. Sri Lanka, para. 7.4; No. 253/1987, Kelly v. Jamaica, para. 7.4."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-32-0042","docId":"ccpr-c-gc-32","idx":42,"n":42,"text":"Article 14, paragraph 4, provides that in the case of juvenile persons, procedures should take account of their age and the desirability of promoting their rehabilitation. Juveniles are to enjoy at least the same guarantees and protection as are accorded to adults under article 14 of the Covenant. In addition, juveniles need special protection. In criminal proceedings they should, in particular, be informed directly of the charges against them and, if appropriate, through their parents or legal guardians, be provided with appropriate assistance in the preparation and presentation of their defence; be tried as soon as possible in a fair hearing in the presence of legal counsel, other appropriate assistance and their parents or legal guardians, unless it is considered not to be in the best interest of the child, in particular taking into account their age or situation. Detention before and during the trial should be avoided to the extent possible.[[fn:91]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":91,"text":"See general comment No. 17 (1989) on article 24 (Rights of the child), para. 4."}],"section":["VI. JUVENILE PERSONS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0043","docId":"ccpr-c-gc-32","idx":43,"n":43,"text":"States should take measures to establish an appropriate juvenile criminal justice system, in order to ensure that juveniles are treated in a manner commensurate with their age. It is important to establish a minimum age below which children and juveniles shall not be put on trial for criminal offences; that age should take into account their physical and mental immaturity.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["VI. JUVENILE PERSONS"]},{"id":"ccpr-c-gc-32-0044","docId":"ccpr-c-gc-32","idx":44,"n":44,"text":"Whenever appropriate, in particular where the rehabilitation of juveniles alleged to have committed acts prohibited under penal law would be fostered, measures other than criminal proceedings, such as mediation between the perpetrator and the victim, conferences with the family of the perpetrator, counselling or community service or educational programmes, should be considered, provided they are compatible with the requirements of this Covenant and other relevant human rights standards.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["VI. JUVENILE PERSONS"]},{"id":"ccpr-c-gc-32-0045","docId":"ccpr-c-gc-32","idx":45,"n":45,"text":"Article 14, paragraph 5 of the Covenant provides that anyone convicted of a crime shall have the right to have their conviction and sentence reviewed by a higher tribunal according to law. As the different language versions (crime, infraction, delito) show, the guarantee is not confined to the most serious offences. The expression “according to law” in this provision is not intended to leave the very existence of the right of review to the discretion of the States parties, since this right is recognised by the Covenant, and not merely by domestic law. The term according to law rather relates to the determination of the modalities by which the review by a higher tribunal is to be carried out,[[fn:92]] as well as which court is responsible for carrying out a review in accordance with the Covenant. Article 14, paragraph 5 does not require States parties to provide for several instances of appeal.[[fn:93]] However, the reference to domestic law in this provision is to be interpreted to mean that if domestic law provides for further instances of appeal, the convicted person must have effective access to each of them.[[fn:94]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":92,"text":"Communications No. 1095/2002, Gomaríz Valera v. Spain, para. 7.1; No. 64/1979, Salgar de Montejo v. Colombia, para.10.4."},{"n":93,"text":"Communication No. 1089/2002, Rouse v. Philippines, para. 7.6."},{"n":94,"text":"Communication No. 230/1987, Henry v. Jamaica, para. 8.4."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0046","docId":"ccpr-c-gc-32","idx":46,"n":46,"text":"Article 14, paragraph 5 does not apply to procedures determining rights and obligations in a suit at law[[fn:95]] or any other procedure not being part of a criminal appeal process, such as constitutional motions.[[fn:96]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":95,"text":"Communication No. 450/1991, I.P. v. Finland, para. 6.2."},{"n":96,"text":"Communication No. 352/1989, Douglas, Gentles, Kerr v. Jamaica, para. 11.2."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0047","docId":"ccpr-c-gc-32","idx":47,"n":47,"text":"Article 14, paragraph 5 is violated not only if the decision by the court of first instance is final, but also where a conviction imposed by an appeal court[[fn:97]] or a court of final instance,[[fn:98]] following acquittal by a lower court, according to domestic law, cannot be reviewed by a higher court. Where the highest court of a country acts as first and only instance, the absence of any right to review by a higher tribunal is not offset by the fact of being tried by the supreme tribunal of the State party concerned; rather, such a system is incompatible with the Covenant, unless the State party concerned has made a reservation to this effect.[[fn:99]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":97,"text":"Communication No. 1095/2002, Gomariz Valera v. Spain, para. 7.1."},{"n":98,"text":"Communication No. 1073/2002, Terrón v Spain, para. 7.4."},{"n":99,"text":"Idem.","isIbid":true,"resolvedText":"Communication No. 1073/2002, Terrón v Spain, para. 7.4."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0048","docId":"ccpr-c-gc-32","idx":48,"n":48,"text":"The right to have one’s conviction and sentence reviewed by a higher tribunal established under article 14, paragraph 5, imposes on the State party a duty to review substantively, both on the basis of sufficiency of the evidence and of the law, the conviction and sentence, such that the procedure allows for due consideration of the nature of the case.[[fn:100]] A review that is limited to the formal or legal aspects of the conviction without any consideration whatsoever of the facts is not sufficient under the Covenant.[[fn:101]] However, article 14, paragraph 5 CCPR/C/GC/32 Page 15 does not require a full retrial or a “hearing”,[[fn:102]] as long as the tribunal carrying out the review can look at the factual dimensions of the case. Thus, for instance, where a higher instance court looks at the allegations against a convicted person in great detail, considers the evidence submitted at the trial and referred to in the appeal, and finds that there was sufficient incriminating evidence to justify a finding of guilt in the specific case, the Covenant is not violated.[[fn:103]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":100,"text":"Communications No. 1100/2002, Bandajevsky v. Belarus, para. 10.13; No. 985/2001, Aliboeva v. Tajikistan, para. 6.5; No. 973/2001, Khalilova v. Tajikistan, para. 7.5; No. 623-627/1995, Domukovsky et al. v. Georgia, para.18.11; No. 964/2001, Saidova v. Tajikistan, para. 6.5; No. 802/1998, Rogerson v. Australia, para. 7.5; No. 662/1995, Lumley v. Jamaica, para. 7.3."},{"n":101,"text":"Communication No. 701/1996, Gómez Vázquez v. Spain, para. 11.1."},{"n":102,"text":"Communication No. 1110/2002, Rolando v. Philippines, para. 4.5; No. 984/2001, Juma v. Australia, para. 7.5; No. 536/1993, Perera v. Australia, para. 6.4."},{"n":103,"text":"E.g. communications No. 1156/2003, Pérez Escolar v. Spain, para. 3; No. 1389/2005, Bertelli Gálvez v. Spain, para. 4.5."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0049","docId":"ccpr-c-gc-32","idx":49,"n":49,"text":"The right to have one’s conviction reviewed can only be exercised effectively if the convicted person is entitled to have access to a duly reasoned, written judgement of the trial court, and, at least in the court of first appeal where domestic law provides for several instances of appeal,[[fn:104]] also to other documents, such as trial transcripts, necessary to enjoy the effective exercise of the right to appeal.[[fn:105]] The effectiveness of this right is also impaired, and article 14, paragraph 5 violated, if the review by the higher instance court is unduly delayed in violation of paragraph 3 (c) of the same provision.[[fn:106]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":104,"text":"Communications No. 903/1999, Van Hulst v. Netherlands, para. 6.4; No. 709/1996, Bailey v. Jamaica, para. 7.2; No. 663/1995, Morrison v. Jamaica, para. 8.5."},{"n":105,"text":"Communication No. 662/1995, Lumley v. Jamaica, para. 7.5."},{"n":106,"text":"Communications No. 845/1998, Kennedy v. Trinidad and Tobago, para. 7.5; No. 818/1998, Sextus v. Trinidad and Tobago, para. 7.3; No. 750/1997, Daley v. Jamaica, para. 7.4; No. 665/1995, Brown and Parish v. Jamaica, para. 9.5; No. 614/1995, Thomas v. Jamaica, para. 9.5; No. 590/1994, Bennet v. Jamaica, para. 10.5."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0050","docId":"ccpr-c-gc-32","idx":50,"n":50,"text":"A system of supervisory review that only applies to sentences whose execution has commenced does not meet the requirements of article 14, paragraph 5, regardless of whether such review can be requested by the convicted person or is dependent on the discretionary power of a judge or prosecutor.[[fn:107]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":107,"text":"Communications No. 1100/2002, Bandajevsky v. Belarus, para. 10.13; No. 836/1998, Gelazauskas v. Lithuania, para. 7.2."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0051","docId":"ccpr-c-gc-32","idx":51,"n":51,"text":"The right of appeal is of particular importance in death penalty cases. A denial of legal aid by the court reviewing the death sentence of an indigent convicted person constitutes not only a violation of article 14, paragraph 3 (d), but at the same time also of article 14, paragraph 5, as in such cases the denial of legal aid for an appeal effectively precludes an effective review of the conviction and sentence by the higher instance court.[[fn:108]] The right to have one’s conviction reviewed is also violated if defendants are not informed of the intention of their counsel not to put any arguments to the court, thereby depriving them of the opportunity to seek alternative representation, in order that their concerns may be ventilated at the appeal level.[[fn:109]]","labels":["Persons deprived of their liberty","Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":108,"text":"Communication No. 554/1993, LaVende v. Trinidad and Tobago, para. 5.8."},{"n":109,"text":"See communications No. 750/1997, Daley v Jamaica, para. 7.5; No. 680/1996, Gallimore v Jamaica, para. 7.4; No. 668/1995, Smith and Stewart v. Jamaica, para.7.3. See also Communication No. 928/2000, Sooklal v. Trinidad and Tobago, para. 4.10."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0052","docId":"ccpr-c-gc-32","idx":52,"n":52,"text":"According to paragraph 6 of article 14 of the Covenant, compensation according to the law shall be paid to persons who have been convicted of a criminal offence by a final decision and have suffered punishment as a consequence of such conviction, if their conviction has been reversed or they have been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice.[[fn:110]] It is necessary that States parties enact legislation ensuring that compensation as required by this provision can in fact be paid and that the payment is made within a reasonable period of time.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":110,"text":"Communications No. 963/2001, Uebergang v. Australia, para. 4.2; No. 880/1999, Irving v. Australia, para. 8.3; No. 408/1990, W.J.H. v. Netherlands, para. 6.3."}],"section":["VIII. COMPENSATION IN CASES OF MISCARRIAGE OF JUSTICE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0053","docId":"ccpr-c-gc-32","idx":53,"n":53,"text":"This guarantee does not apply if it is proved that the non-disclosure of such a material fact in good time is wholly or partly attributable to the accused; in such cases, the burden of proof rests on the State. Furthermore, no compensation is due if the conviction is set aside upon appeal, i.e. before the judgement becomes final,[[fn:111]] or by a pardon that is humanitarian or discretionary in nature, or motivated by considerations of equity, not implying that there has been a miscarriage of justice.[[fn:112]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":111,"text":"Communications No. 880/1999; Irving v. Australia, para. 8.4; No. 868/1999, Wilson v. Philippines, para. 6.6."},{"n":112,"text":"Communication No. 89/1981, Muhonen v. Finland, para. 11.2."}],"section":["VIII. COMPENSATION IN CASES OF MISCARRIAGE OF JUSTICE"]},{"id":"ccpr-c-gc-32-0054","docId":"ccpr-c-gc-32","idx":54,"n":54,"text":"Article 14, paragraph 7 of the Covenant, providing that no one shall be liable to be tried or punished again for an offence of which they have already been finally convicted or acquitted in accordance with the law and penal procedure of each country, embodies the principle of ne bis in idem. This provision prohibits bringing a person, once convicted or acquitted of a certain offence, either before the same court again or before another tribunal again for the same offence; thus, for instance, someone acquitted by a civilian court cannot be tried again for the same offence by a military or special tribunal. Article 14, paragraph 7 does not prohibit retrial of a person convicted in absentia who requests it, but applies to the second conviction.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["IX. NE BIS IN IDEM"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0055","docId":"ccpr-c-gc-32","idx":55,"n":55,"text":"Repeated punishment of conscientious objectors for not having obeyed a renewed order to serve in the military may amount to punishment for the same crime if such subsequent refusal is based on the same constant resolve grounded in reasons of conscience.[[fn:113]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":113,"text":"See United Nations Working Group on Arbitrary Detention, Opinion No. 36/1999 (Turkey), E./CN.4/2001/14/Add. 1, para. 9 and Opinion No. 24/2003 (Israel), E/CN.4/2005/6/Add. 1, para. 30."}],"section":["IX. NE BIS IN IDEM"]},{"id":"ccpr-c-gc-32-0056","docId":"ccpr-c-gc-32","idx":56,"n":56,"text":"The prohibition of article 14, paragraph 7, is not at issue if a higher court quashes a conviction and orders a retrial.[[fn:114]] Furthermore, it does not prohibit the resumption of a criminal trial justified by exceptional circumstances, such as the discovery of evidence which was not available or known at the time of the acquittal.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":114,"text":"Communication No. 277/1988, Terán Jijón v. Ecuador, para. 5.4."}],"section":["IX. NE BIS IN IDEM"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0057","docId":"ccpr-c-gc-32","idx":57,"n":57,"text":"This guarantee applies to criminal offences only and not to disciplinary measures that do not amount to a sanction for a criminal offence within the meaning of article 14 of the CCPR/C/GC/32 Page 17 Covenant.[[fn:115]] Furthermore, it does not guarantee ne bis in idem with respect to the national jurisdictions of two or more States.[[fn:116]] This understanding should not, however, undermine efforts by States to prevent retrial for the same criminal offence through international conventions.[[fn:117]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":115,"text":"Communication No. 1001/2001, Gerardus Strik v. The Netherlands, para. 7.3."},{"n":116,"text":"Communications No. 692/1996, A.R.J. v. Australia, para. 6.4; No. 204/1986, A.P. v. Italy, para. 7.3."},{"n":117,"text":"See, e.g. Rome Statute of the International Criminal Court, article 20, para. 3."}],"section":["IX. NE BIS IN IDEM"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0058","docId":"ccpr-c-gc-32","idx":58,"n":58,"text":"As a set of procedural guarantees, article 14 of the Covenant often plays an important role in the implementation of the more substantive guarantees of the Covenant that must be taken into account in the context of determining criminal charges and rights and obligations of a person in a suit at law. In procedural terms, the relationship with the right to an effective remedy provided for by article 2, paragraph 3 of the Covenant is relevant. In general, this provision needs to be respected whenever any guarantee of article 14 has been violated.[[fn:118]] However, as regards the right to have one’s conviction and sentence reviewed by a higher tribunal, article 14, paragraph 5 of the Covenant is a lex specialis in relation to article 2, paragraph 3 when invoking the right to access a tribunal at the appeals level.[[fn:119]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":118,"text":"E.g. Communications No. 1033/2001, Singarasa v. Sri Lanka, para. 7.4; No. 823/1998, Czernin v. Czech Republic, para. 7.5."},{"n":119,"text":"Communication No. 1073/2002, Terrón v. Spain, para. 6.6."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-gc-32-0059","docId":"ccpr-c-gc-32","idx":59,"n":59,"text":"In cases of trials leading to the imposition of the death penalty scrupulous respect of the guarantees of fair trial is particularly important. The imposition of a sentence of death upon conclusion of a trial, in which the provisions of article 14 of the Covenant have not been respected, constitutes a violation of the right to life (article 6 of the Covenant).[[fn:120]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":120,"text":"E.g. communications No. 1044/2002, Shakurova v. Tajikistan, para. 8.5 (violation of art. 14 para. 1 and 3 (b), (d) and (g)); No. 915/2000, Ruzmetov v. Uzbekistan, para.7.6 (violation of art. 14, para. 1, 2 and 3 (b), (d), (e) and (g)); No. 913/2000, Chan v. Guyana, para. 5.4 (violation of art. 14 para. 3 (b) and (d)); No. 1167/2003, Rayos v. Philippines, para. 7.3 (violation of art. 14 para. 3(b))."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-32-0060","docId":"ccpr-c-gc-32","idx":60,"n":60,"text":"To ill-treat persons against whom criminal charges are brought and to force them to make or sign, under duress, a confession admitting guilt violates both article 7 of the Covenant prohibiting torture and inhuman, cruel or degrading treatment and article 14, paragraph 3 (g) prohibiting compulsion to testify against oneself or confess guilt.[[fn:121]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":121,"text":"Communications No. 1044/2002, Shakurova v. Tajikistan, para. 8.2; No. 915/2000, Ruzmetov v. Uzbekistan, paras. 7.2 and 7.3; No. 1042/2001, Boimurodov v. Tajikistan, para. 7.2, and many others. On the prohibition to admit evidence in violation of article 7, see paragraphs. 6 and 41 above."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0061","docId":"ccpr-c-gc-32","idx":61,"n":61,"text":"If someone suspected of a crime and detained on the basis of article 9 of the Covenant is charged with an offence but not brought to trial, the prohibitions of unduly delaying trials as provided for by articles 9, paragraph 3, and 14, paragraph 3 (c) of the Covenant may be violated at the same time.[[fn:122]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":122,"text":"Communications No. 908/2000, Evans v. Trinidad and Tobago, para. 6.2; No. 838/1998, Hendricks v. Guayana, para. 6.3, and many more."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-32-0062","docId":"ccpr-c-gc-32","idx":62,"n":62,"text":"The procedural guarantees of article 13 of the Covenant incorporate notions of due process also reflected in article 14[[fn:123]] and thus should be interpreted in the light of this latter provision. Insofar as domestic law entrusts a judicial body with the task of deciding about expulsions or deportations, the guarantee of equality of all persons before the courts and tribunals as enshrined in article 14, paragraph 1, and the principles of impartiality, fairness and equality of arms implicit in this guarantee are applicable.[[fn:124]] All relevant guarantees of article 14, however, apply where expulsion takes the form of a penal sanction or where violations of expulsion orders are punished under criminal law.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":123,"text":"Communication No. 1051/2002 Ahani v. Canada, para. 10.9. See also communication No. 961/2000, Everett v. Spain, para. 6.4 (extradition), 1438/2005, Taghi Khadje v. Netherlands, para. 6.3."},{"n":124,"text":"See communication No. 961/2000, Everett v. Spain, para. 6.4."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0063","docId":"ccpr-c-gc-32","idx":63,"n":63,"text":"The way criminal proceedings are handled may affect the exercise and enjoyment of rights and guarantees of the Covenant unrelated to article 14. Thus, for instance, to keep pending, for several years, indictments for the criminal offence of defamation brought against a journalist for having published certain articles, in violation of article 14, paragraph 3 (c), may leave the accused in a situation of uncertainty and intimidation and thus have a chilling effect which unduly restricts the exercise of his right to freedom of expression (article 19 of the Covenant).[[fn:125]] Similarly, delays of criminal proceedings for several years in contravention of article 14, paragraph 3 (c), may violate the right of a person to leave one’s own country as guaranteed in article 12, paragraph 2 of the Covenant, if the accused has to remain in that country as long as proceedings are pending.[[fn:126]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":125,"text":"Communication No. 909/2000, Mujuwana Kankanamge v. Sri Lanka, para. 9.4."},{"n":126,"text":"Communication No. 263/1987, Gonzales del Rio v. Peru, paras. 5.2 and 5.3."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-gc-32-0064","docId":"ccpr-c-gc-32","idx":64,"n":64,"text":"As regards the right to have access to public service on general terms of equality as provided for in article 25 (c) of the Covenant, a dismissal of judges in violation of this provision may amount to a violation of this guarantee, read in conjunction with article 14, paragraph 1 providing for the independence of the judiciary.[[fn:127]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":127,"text":"Communications No. 933/2000, Mundyo Busyo et al. v. Democratic Republic of Congo, para. 5.2.; No. 814/1998, Pastukhov v. Belarus, para. 7.3."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0065","docId":"ccpr-c-gc-32","idx":65,"n":65,"text":"Procedural laws or their application that make distinctions based on any of the criteria listed in article 2, paragraph 1 or article 26, or disregard the equal right of men and women, in accordance with article 3, to the enjoyment of the guarantees set forth in article 14 of the Covenant, not only violate the requirement of paragraph 1 of this provision that “all persons shall be equal before the courts and tribunals,” but may also amount to discrimination.[[fn:128]]","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":128,"text":"Communication No. 202/1986, Ato del Avellanal v. Peru, paras. 10.1 and 10.2."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-33-0001","docId":"ccpr-c-gc-33","idx":1,"n":1,"text":"The Optional Protocol to the International Covenant on Civil and Political Rights was adopted and opened for signature, ratification and accession by the same act of the General Assembly, resolution 2200 A (XXI) of 16 December 1966, by which the Covenant itself was adopted. Both the Covenant and the Optional Protocol entered into force on 23 March 1976.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0002","docId":"ccpr-c-gc-33","idx":2,"n":2,"text":"Although the Optional Protocol is organically related to the Covenant, it is not automatically in force for all States parties to the Covenant. Article 8 of the Optional Protocol provides that States parties to the Covenant may become parties to the Optional Protocol only by a separate expression of consent to be bound. A majority of States parties to the Covenant have also become parties to the Optional Protocol.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"8","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'Article 8 of the Optional Protocol provides that States parties to the Covenant may become parties to the Optional Protocol only by a separate expression of consent.' This GC (33) is entirely about the ICCPR-OP1 procedures; 'the Optional Protocol' = ICCPR-OP1. Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0003","docId":"ccpr-c-gc-33","idx":3,"n":3,"text":"The preamble to the Optional Protocol states that its purpose is “further to achieve the purposes” of the Covenant by enabling the Human Rights Committee, established in Part IV of the Covenant, “to receive and consider, as provided in the present Protocol, communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant”. The Optional Protocol sets out a procedure, and imposes obligations on States parties to the Optional Protocol arising out of that procedure, in addition to their obligations under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0004","docId":"ccpr-c-gc-33","idx":4,"n":4,"text":"Article 1 of the Optional Protocol provides that a State party to the Optional Protocol “recognizes the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State party of any of the rights set forth in the Covenant”. It follows that States parties are obliged not to CCPR/C/GC/33 page 2 hinder access to the Committee and must prevent any retaliatory measures against any person who has submitted a communication to the Committee.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"1","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'Article 1 of the Optional Protocol provides that a State party...recognizes the competence of the Committee to receive and consider communications from individuals.' The whole GC 33 concerns ICCPR-OP1; art.1 here is ICCPR-OP1 art.1. Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0005","docId":"ccpr-c-gc-33","idx":5,"n":5,"text":"Article 2 of the Optional Protocol requires that individuals who submit communications to the Committee must have exhausted all available domestic remedies. In its response to a communication, a State party, where it considers that this condition has not been met, should specify the available and effective remedies that the author of the communication has failed to exhaust.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"2","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'Article 2 of the Optional Protocol requires that individuals...must have exhausted all available domestic remedies.' ICCPR-OP1 art.2 is the exhaustion-of-domestic-remedies admissibility condition. Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0006","docId":"ccpr-c-gc-33","idx":6,"n":6,"text":"Although not a term found in the Optional Protocol or the Covenant, the Human Rights Committee uses the description “author” to refer to an individual who has submitted a communication to the Committee under the Optional Protocol. The Committee uses the term “communication” contained in article 1 of the Optional Protocol instead of terms such as “complaint” or “petition”, although the latter term is reflected in the current administrative structure of the Office of the High Commissioner for Human Rights, where communications under the Optional Protocol are initially handled by a section known as the Petitions Team.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"1","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'the term communication contained in article 1 of the Optional Protocol' — ICCPR-OP1 art.1. GC 33 context and explicit attribution to the Optional Protocol confirm this is ICCPR-OP1. Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0007","docId":"ccpr-c-gc-33","idx":7,"n":7,"text":"Terminology similarly reflects the nature of the role of the Human Rights Committee in receiving and considering a communication. Subject to the communication being found admissible, after considering the communication in the light of all written information made available to it by the individual and by the State party concerned, “the Committee shall forward its views to the State party concerned and to the individual”.[[fn:1]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":1,"text":"Art. 5, para. 4, of the Optional Protocol."}]},{"id":"ccpr-c-gc-33-0008","docId":"ccpr-c-gc-33","idx":8,"n":8,"text":"The first obligation of a State Party against which a claim has been made by an individual under the Optional Protocol is to respond to the communication within the time limit of six months set out in article 4, paragraph 2. Within that time limit, “the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State”. The Committee’s rules of procedure amplify these provisions, including the possibility in exceptional cases of treating separately questions of the admissibility and merits of the communication.[[fn:2]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":2,"text":"Rule 97, para. 2, of the rules of procedure of the Human Rights Committee, CCPR/C/3/Rev.8, 22 September 2005."}],"citedArticles":[{"article":"4","paragraph":"2","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'the time limit of six months set out in article 4, paragraph 2' in context of a State party's obligation to respond to an individual communication under the Optional Protocol — ICCPR-OP1 art.4(2). Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0009","docId":"ccpr-c-gc-33","idx":9,"n":9,"text":"In responding to a communication that appears to relate to a matter arising before the entry into force of the Optional Protocol for the State party (the ratione temporis rule), the State party should invoke that circumstance explicitly, including any comment on the possible “continuing effect” of a past violation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0010","docId":"ccpr-c-gc-33","idx":10,"n":10,"text":"In the experience of the Committee, States do not always respect their obligation. In failing to respond to a communication, or responding incompletely, a State which is the object of a communication puts itself at a disadvantage, because the Committee is then compelled to consider the communication in the absence of full information relating to the communication. In such circumstances, the Committee may conclude that the allegations contained in the communication are true, if they appear from all the circumstances to be substantiated.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0011","docId":"ccpr-c-gc-33","idx":11,"n":11,"text":"While the function of the Human Rights Committee in considering individual communications is not, as such, that of a judicial body, the Views issued by the Committee under the Optional Protocol exhibit some of the principal characteristics of a judicial decision. They are arrived at in a judicial spirit, including the impartiality and independence of CCPR/C/GC/33 page 3 Committee members, the considered interpretation of the language of the Covenant, and the determinative character of the decisions.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0012","docId":"ccpr-c-gc-33","idx":12,"n":12,"text":"The term used in article 5, paragraph 4, of the Optional Protocol to describe the decisions of the Committee is “Views”.[[fn:3]] These decisions state the Committee’s findings on the violations alleged by the author of a communication and, where a violation has been found, state a remedy for that violation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":3,"text":"In French, the term is “constatations”, and in Spanish, “observaciones”."}],"citedArticles":[{"article":"5","paragraph":"4","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'article 5, paragraph 4, of the Optional Protocol to describe the decisions of the Committee is Views' — ICCPR-OP1 art.5(4) on Committee issuing Views. Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0013","docId":"ccpr-c-gc-33","idx":13,"n":13,"text":"The Views of the Committee under the Optional Protocol represent an authoritative determination by the organ established under the Covenant itself charged with the interpretation of that instrument. These Views derive their character, and the importance which attaches to them, from the integral role of the Committee under both the Covenant and the Optional Protocol.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0014","docId":"ccpr-c-gc-33","idx":14,"n":14,"text":"14. Under article 2, paragraph 3 (a), of the Covenant, each State party undertakes “to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity”. This constitutes the basis of the wording consistently used by the Committee in issuing its Views in cases where a violation has been found:","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"2","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"First ref: 'Under article 2, paragraph 3 (a), of the Covenant, each State party undertakes to ensure...an effective remedy' — explicitly 'of the Covenant,' ICCPR art.2(3)(a)."},{"article":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second ref: 'pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals...the rights recognized in the Covenant' — explicitly 'of the Covenant,' ICCPR art.2."},{"article":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Third ref: 'In accordance with article 2, paragraph 3 (a), of the Covenant' repeated in the standard Views wording — ICCPR art.2."}]},{"id":"ccpr-c-gc-33-0015","docId":"ccpr-c-gc-33","idx":15,"n":15,"text":"The character of the Views of the Committee is further determined by the obligation of States parties to act in good faith, both in their participation in the procedure under the Optional Protocol and in relation to the Covenant itself. A duty to cooperate with the Committee arises from an application of the principle of good faith to the observance of all treaty obligations.[[fn:4]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":4,"text":"Art. 26, Vienna Convention on the Law of Treaties 1969."}]},{"id":"ccpr-c-gc-33-0016","docId":"ccpr-c-gc-33","idx":16,"n":16,"text":"The Committee decided, in 1997, under its rules of procedure, to appoint a member of the Committee as Special Rapporteur for the follow-up of Views.[[fn:5]] That member, through written representations, and frequently also through personal meetings with diplomatic representatives of the State party concerned, urges compliance with the Committee’s Views and discusses factors that may be impeding their implementation. In a number of cases, this CCPR/C/GC/33 page 4 procedure has led to acceptance and implementation of the Committee’s Views where previously the transmission of those Views had met with no response.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":5,"text":"Rule 101 of the rules of procedure of the Human Rights Committee."}]},{"id":"ccpr-c-gc-33-0017","docId":"ccpr-c-gc-33","idx":17,"n":17,"text":"It is to be noted that failure by a State party to implement the Views of the Committee in a given case becomes a matter of public record through the publication of the Committee’s decisions, inter alia, in its annual reports to the General Assembly.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0018","docId":"ccpr-c-gc-33","idx":18,"n":18,"text":"Some States parties, to which the Views of the Committee have been transmitted in relation to communications concerning them, have failed to accept the Committee’s Views, in whole or in part, or have attempted to reopen the case. In a number of those cases, these responses have been made where the State party took no part in the procedure, having not carried out its obligation to respond to communications under article 4, paragraph 2, of the Optional Protocol. In other cases, rejection of the Committee’s Views, in whole or in part, has come after the State party has participated in the procedure and where its arguments have been fully considered by the Committee. In all such cases, the Committee regards dialogue between the Committee and the State party as ongoing with a view to implementation. The Special Rapporteur for the follow-up of Views conducts this dialogue, and regularly reports on progress to the Committee.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"4","paragraph":"2","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'not carried out its obligation to respond to communications under article 4, paragraph 2, of the Optional Protocol' — ICCPR-OP1 art.4(2) (State obligation to respond within six months). Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0019","docId":"ccpr-c-gc-33","idx":19,"n":19,"text":"Measures may be requested by an author, or decided by the Committee on its own initiative, when an action taken or threatened by the State party would appear likely to cause irreparable harm to the author or the victim unless withdrawn or suspended pending full consideration of the communication by the Committee. Examples include the imposition of the death penalty and violation of the duty of non-refoulement. In order to be in a position to meet these needs under the Optional Protocol, the Committee established, under its rules of procedure, a procedure to request interim or provisional measures of protection in appropriate cases.[[fn:6]] Failure to implement such interim or provisional measures is incompatible with the obligation to respect in good faith the procedure of individual communication established under the Optional Protocol.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":6,"text":"Rule 92 (previously rule 86) of the rules of procedure of the Human Rights Committee (see CCPR/C/3/Rev.8, 22 September 2005): “The Committee may, prior to forwarding its Views on the communication to the State party concerned, inform that State of its Views as to whether interim measures may be desirable to avoid irreparable damage to the victim of the alleged violation. In doing so, the Committee shall inform the State party concerned that such expression of its Views on interim measures does not imply a determination on the merits of the communication.”"}]},{"id":"ccpr-c-gc-33-0020","docId":"ccpr-c-gc-33","idx":20,"n":20,"text":"Most States do not have specific enabling legislation to receive the Views of the Committee into their domestic legal order. The domestic law of some States parties does, however, provide for the payment of compensation to the victims of violations of human rights as found by international organs. In any case, States parties must use whatever means lie within their power in order to give effect to the Views issued by the Committee. - - - - - -","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-34-0001","docId":"ccpr-c-gc-34","idx":1,"n":1,"text":"1. This general comment replaces general comment No. 10 (nineteenth session).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011},{"id":"ccpr-c-gc-34-0002","docId":"ccpr-c-gc-34","idx":2,"n":2,"text":"2. Freedom of opinion and freedom of expression are indispensable conditions for the full development of the person. They are essential for any society.[[fn:1]] They constitute the foundation stone for every free and democratic society. The two freedoms are closely related, with freedom of expression providing the vehicle for the exchange and development of opinions.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":1,"text":"See communication No. 1173/2003, Benhadj v. Algeria, Views adopted on 20 July 2007; No. 628/1995, Park v. Republic of Korea, Views adopted on 5 July 1996."}]},{"id":"ccpr-c-gc-34-0003","docId":"ccpr-c-gc-34","idx":3,"n":3,"text":"3. Freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011},{"id":"ccpr-c-gc-34-0004","docId":"ccpr-c-gc-34","idx":4,"n":4,"text":"4. Among the other articles that contain guarantees for freedom of opinion and/or expression, are articles 18, 17, 25 and 27. The freedoms of opinion and expression form a basis for the full enjoyment of a wide range of other human rights. For instance, freedom of expression is integral to the enjoyment of the rights to freedom of assembly and association, and the exercise of the right to vote.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-gc-34-0005","docId":"ccpr-c-gc-34","idx":5,"n":5,"text":"5. Taking account of the specific terms of article 19, paragraph 1, as well as the relationship of opinion and thought (article 18), a reservation to paragraph 1 would be incompatible with the object and purpose of the Covenant.[[fn:2]] Furthermore, although freedom of opinion is not listed among those rights that may not be derogated from pursuant to the provisions of article 4 of the Covenant, it is recalled that, “in those provisions of the Covenant that are not listed in article 4, paragraph 2, there are elements that in the Committee’s opinion cannot be made subject to lawful derogation under article 4”.[[fn:3]] Freedom of opinion is one such element, since it can never become necessary to derogate from it during a state of emergency.[[fn:4]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":2,"text":"See the Committee’s general comment No. 24 (1994) on issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to the declarations under article 41 of the Covenant, Official Records of the General Assembly, Fiftieth Session, Supplement No. 40, vol. I (A/50/40 (Vol. I)), annex V."},{"n":3,"text":"See the Committee’s general comment No. 29 (2001) on derogation during a state of emergency, para. 13, Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 40, vol. I (A/56/40 (Vol. I)), annex VI."},{"n":4,"text":"General comment No. 29, para. 11."}],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-gc-34-0006","docId":"ccpr-c-gc-34","idx":6,"n":6,"text":"6. Taking account of the relationship of freedom of expression to the other rights in the Covenant, while reservations to particular elements of article 19, paragraph 2, may be acceptable, a general reservation to the rights set out in paragraph 2 would be incompatible with the object and purpose of the Covenant.[[fn:5]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":5,"text":"General comment No. 24."}],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0007","docId":"ccpr-c-gc-34","idx":7,"n":7,"text":"7. The obligation to respect freedoms of opinion and expression is binding on every State party as a whole. All branches of the State (executive, legislative and judicial) and other public or governmental authorities, at whatever level – national, regional or local – are in a position to engage the responsibility of the State party.[[fn:6]] Such responsibility may also be incurred by a State party under some circumstances in respect of acts of semi-State entities.[[fn:7]] The obligation also requires States parties to ensure that persons are protected from any acts by private persons or entities that would impair the enjoyment of the freedoms of opinion and expression to the extent that these Covenant rights are amenable to application between private persons or entities.[[fn:8]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":6,"text":"See the Committee’s general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, para. 4, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 40, vol. I (A/59/40 (Vol. I)), annex III"},{"n":7,"text":"See communication No. 61/1979, Hertzberg et al. v. Finland, Views adopted on 2 April 1982."},{"n":8,"text":"General comment No. 31, para. 8; See communication No. 633/1995, Gauthier v. Canada, Views adopted on 7 April 1999."}]},{"id":"ccpr-c-gc-34-0008","docId":"ccpr-c-gc-34","idx":8,"n":8,"text":"8. States parties are required to ensure that the rights contained in article 19 of the Covenant are given effect to in the domestic law of the State, in a manner consistent with the guidance provided by the Committee in its general comment No. 31 on the nature of the general legal obligation imposed on States parties to the Covenant. It is recalled that States parties should provide the Committee, in accordance with reports submitted pursuant to article 40, with the relevant domestic legal rules, administrative practices and judicial decisions, as well as relevant policy level and other sectorial practices relating to the rights protected by article 19, taking into account the issues discussed in the present general comment. They should also include information on remedies available if those rights are violated.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0009","docId":"ccpr-c-gc-34","idx":9,"n":9,"text":"9. Paragraph 1 of article 19 requires protection of the right to hold opinions without interference. This is a right to which the Covenant permits no exception or restriction. Freedom of opinion extends to the right to change an opinion whenever and for whatever reason a person so freely chooses. No person may be subject to the impairment of any rights under the Covenant on the basis of his or her actual, perceived or supposed opinions. All forms of opinion are protected, including opinions of a political, scientific, historic, moral or religious nature. It is incompatible with paragraph 1 to criminalize the holding of an opinion.[[fn:9]] The harassment, intimidation or stigmatization of a person, including arrest, detention, trial or imprisonment for reasons of the opinions they may hold, constitutes a violation of article 19, paragraph 1.[[fn:10]]","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":9,"text":"See communication No. 550/93, Faurisson v. France, Views adopted on 8 November 1996."},{"n":10,"text":"See communication No. 157/1983, Mpaka-Nsusu v. Zaire, Views adopted on 26 March 1986; No. 414/1990, Mika Miha v. Equatorial Guinea, Views adopted on 8 July 1994."}],"section":["Freedom of opinion"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0010","docId":"ccpr-c-gc-34","idx":10,"n":10,"text":"10. Any form of effort to coerce the holding or not holding of any opinion is prohibited.[[fn:11]] Freedom to express one’s opinion necessarily includes freedom not to express one’s opinion.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":11,"text":"See communication No. 878/1999, Kang v. Republic of Korea, Views adopted on 15 July 2003."}],"section":["Freedom of opinion"]},{"id":"ccpr-c-gc-34-0011","docId":"ccpr-c-gc-34","idx":11,"n":11,"text":"11. Paragraph 2 requires States parties to guarantee the right to freedom of expression, including the right to seek, receive and impart information and ideas of all kinds regardless of frontiers. This right includes the expression and receipt of communications of every form of idea and opinion capable of transmission to others, subject to the provisions in article 19, paragraph 3, and article 20.[[fn:12]] It includes political discourse,[[fn:13]] commentary on one’s own[[fn:14]] and on public affairs,[[fn:15]] canvassing,[[fn:16]] discussion of human rights,[[fn:17]] journalism,[[fn:18]] cultural and artistic expression,[[fn:19]] teaching,[[fn:20]] and religious discourse.[[fn:21]] It may also include commercial advertising. The scope of paragraph 2 embraces even expression that may be regarded as deeply offensive,[[fn:22]] although such expression may be restricted in accordance with the provisions of article 19, paragraph 3 and article 20.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":12,"text":"See communications Nos. 359/1989 and 385/1989, Ballantyne, Davidson and McIntyre v. Canada, Views adopted on 18 October 1990."},{"n":13,"text":"See communication No. 414/1990, Mika Miha v. Equatorial Guinea."},{"n":14,"text":"See communication No. 1189/2003, Fernando v. Sri Lanka, Views adopted on 31 March 2005."},{"n":15,"text":"See communication No. 1157/2003, Coleman v. Australia, Views adopted on 17 July 2006."},{"n":16,"text":"Concluding observations on Japan (CCPR/C/JPN/CO/5)."},{"n":17,"text":"See communication No. 1022/2001, Velichkin v. Belarus, Views adopted on 20 October 2005."},{"n":18,"text":"See communication No. 1334/2004, Mavlonov and Sa’di v. Uzbekistan, Views adopted on 19 March 2009."},{"n":19,"text":"See communication No. 926/2000, Shin v. Republic of Korea, Views adopted on 16 March 2004."},{"n":20,"text":"See communication No. 736/97, Ross v. Canada, Views adopted on 18 October 2000."},{"n":21,"text":"Ibid."},{"n":22,"text":"Ibid."}],"section":["Freedom of expression"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"ccpr-c-gc-34-0012","docId":"ccpr-c-gc-34","idx":12,"n":12,"text":"12. Paragraph 2 protects all forms of expression and the means of their dissemination. Such forms include spoken, written and sign language and such non-verbal expression as images and objects of art.[[fn:23]] Means of expression include books, newspapers,[[fn:24]] pamphlets,[[fn:25]] posters, banners,[[fn:26]] dress and legal submissions. [[fn:27]] They include all forms of audio-visual as well as electronic and internet-based modes of expression.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":23,"text":"See communication No. 926/2000, Shin v. Republic of Korea."},{"n":24,"text":"See communication No. 1341/2005, Zundel v. Canada, Views adopted on 20 March 2007."},{"n":25,"text":"See communication No. 1009/2001, Shchetoko et al. v. Belarus, Views adopted on 11 July 2006."},{"n":26,"text":"See communication No. 412/1990, Kivenmaa v. Finland, Views adopted on 31 March 1994."},{"n":27,"text":"See communication No. 1189/2003, Fernando v. Sri Lanka."}],"section":["Freedom of expression"]},{"id":"ccpr-c-gc-34-0013","docId":"ccpr-c-gc-34","idx":13,"n":13,"text":"13. A free, uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other Covenant rights. It constitutes one of the cornerstones of a democratic society.[[fn:28]] The Covenant embraces a right whereby the media may receive information on the basis of which it can carry out its function.[[fn:29]] The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. [[fn:30]] The public also has a corresponding right to receive media output.[[fn:31]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":28,"text":"See communication No. 1128/2002, Marques v. Angola, Views adopted on 29 March 2005."},{"n":29,"text":"See communication No. 633/95, Gauthier v. Canada."},{"n":30,"text":"See the Committee’s general comment No. 25 (1996) on article 25 (Participation in public affairs and the right to vote), para. 25, Official Records of the General Assembly, Fifty-first Session, Supplement No. 40, vol. I (A/51/40 (Vol. I)), annex V."},{"n":31,"text":"See communication No. 1334/2004, Mavlonov and Sa’di v. Uzbekistan."}],"section":["Freedom of expression and the media"]},{"id":"ccpr-c-gc-34-0014","docId":"ccpr-c-gc-34","idx":14,"n":14,"text":"14. As a means to protect the rights of media users, including members of ethnic and linguistic minorities, to receive a wide range of information and ideas, States parties should take particular care to encourage an independent and diverse media.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["Freedom of expression and the media"]},{"id":"ccpr-c-gc-34-0015","docId":"ccpr-c-gc-34","idx":15,"n":15,"text":"15. States parties should take account of the extent to which developments in information and communication technologies, such as internet and mobile based electronic information dissemination systems, have substantially changed communication practices around the world. There is now a global network for exchanging ideas and opinions that does not necessarily rely on the traditional mass media intermediaries. States parties should take all necessary steps to foster the independence of these new media and to ensure access of individuals thereto.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["Freedom of expression and the media"]},{"id":"ccpr-c-gc-34-0016","docId":"ccpr-c-gc-34","idx":16,"n":16,"text":"16. States parties should ensure that public broadcasting services operate in an independent manner.[[fn:32]] In this regard, States parties should guarantee their independence and editorial freedom. They should provide funding in a manner that does not undermine their independence.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":32,"text":"Concluding observations on Republic of Moldova (CCPR/CO/75/MDA)."}],"section":["Freedom of expression and the media"]},{"id":"ccpr-c-gc-34-0017","docId":"ccpr-c-gc-34","idx":17,"n":17,"text":"17. Issues concerning the media are discussed further in the section of this general comment that addresses restrictions on freedom of expression.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["Freedom of expression and the media"]},{"id":"ccpr-c-gc-34-0018","docId":"ccpr-c-gc-34","idx":18,"n":18,"text":"18. Article 19, paragraph 2 embraces a right of access to information held by public bodies. Such information includes records held by a public body, regardless of the form in which the information is stored, its source and the date of production. Public bodies are as indicated in paragraph 7 of this general comment. The designation of such bodies may also include other entities when such entities are carrying out public functions. As has already been noted, taken together with article 25 of the Covenant, the right of access to information includes a right whereby the media has access to information on public affairs[[fn:33]] and the right of the general public to receive media output.[[fn:34]] Elements of the right of access to information are also addressed elsewhere in the Covenant. As the Committee observed in its general comment No. 16, regarding article 17 of the Covenant, every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data is stored in automatic data files, and for what purposes. Every individual should also be able to ascertain which public authorities or private individuals or bodies control or may control his or her files. If such files contain incorrect personal data or have been collected or processed contrary to the provisions of the law, every individual should have the right to have his or her records rectified. Pursuant to article 10 of the Covenant, a prisoner does not lose the entitlement to access to his medical records.[[fn:35]] The Committee, in general comment No. 32 on article 14, set out the various entitlements to information that are held by those accused of a criminal offence.[[fn:36]] Pursuant to the provisions of article 2, persons should be in receipt of information regarding their Covenant rights in general.[[fn:37]] Under article 27, a State party’s decision-making that may substantively compromise the way of life and culture of a minority group should be undertaken in a process of information-sharing and consultation with affected communities.[[fn:38]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":33,"text":"See communication No. 633/95, Gauthier v. Canada."},{"n":34,"text":"See communication No. 1334/2004, Mavlonov and Sa’di v. Uzbekistan."},{"n":35,"text":"See communication No. 726/1996, Zheludkov v. Ukraine, Views adopted on 29 October 2002."},{"n":36,"text":"See the Committee’s general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, para. 33, Official Records of the General Assembly, Sixty-second Session, Supplement No. 40, vol. I (A/62/40 (Vol. I)), annex VI"},{"n":37,"text":"General comment No. 31."},{"n":38,"text":"See communication No. 1457/2006, Poma v. Peru, Views adopted on 27 March 2009."}],"section":["Right of access to information"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-gc-34-0019","docId":"ccpr-c-gc-34","idx":19,"n":19,"text":"19. To give effect to the right of access to information, States parties should proactively put in the public domain Government information of public interest. States parties should make every effort to ensure easy, prompt, effective and practical access to such information. States parties should also enact the necessary procedures, whereby one may gain access to information, such as by means of freedom of information legislation.[[fn:39]] The procedures should provide for the timely processing of requests for information according to clear rules that are compatible with the Covenant. Fees for requests for information should not be such as to constitute an unreasonable impediment to access to information. Authorities should provide reasons for any refusal to provide access to information. Arrangements should be put in place for appeals from refusals to provide access to information as well as in cases of failure to respond to requests.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":39,"text":"Concluding observations on Azerbaijan (CCPR/C/79/Add.38 (1994))."}],"section":["Right of access to information"]},{"id":"ccpr-c-gc-34-0020","docId":"ccpr-c-gc-34","idx":20,"n":20,"text":"20. The Committee, in general comment No. 25 on participation in public affairs and the right to vote, elaborated on the importance of freedom of expression for the conduct of public affairs and the effective exercise of the right to vote. The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues and to inform public opinion without censorship or restraint.[[fn:40]] The attention of States parties is drawn to the guidance that general comment No. 25 provides with regard to the promotion and the protection of freedom of expression in that context.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":40,"text":"See General comment No. 25 on article 25 of the Covenant, para. 25."}],"section":["Freedom of expression and political rights"]},{"id":"ccpr-c-gc-34-0021","docId":"ccpr-c-gc-34","idx":21,"n":21,"text":"21. Paragraph 3 expressly states that the exercise of the right to freedom of expression carries with it special duties and responsibilities. For this reason two limitative areas of restrictions on the right are permitted, which may relate either to respect of the rights or reputations of others or to the protection of national security or of public order (ordre public) or of public health or morals. However, when a State party imposes restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself. The Committee recalls that the relation between right and restriction and between norm and exception must not be reversed.[[fn:41]] The Committee also recalls the provisions of article 5, paragraph 1, of the Covenant according to which “nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant”.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":41,"text":"See the Committee’s general comment No. 27 on article 12, Official Records of the General Assembly, Fifty-fifth Session, Supplement No. 40, vol. I (A/55/40 (Vol. I)), annex VI, sect. A"}],"section":["The application of article 19 (3)"],"citedArticles":[{"treaty":"ICCPR","article":"5","source":"regex"}]},{"id":"ccpr-c-gc-34-0022","docId":"ccpr-c-gc-34","idx":22,"n":22,"text":"22. Paragraph 3 lays down specific conditions and it is only subject to these conditions that restrictions may be imposed: the restrictions must be “provided by law”; they may only be imposed for one of the grounds set out in subparagraphs (a) and (b) of paragraph 3; and they must conform to the strict tests of necessity and proportionality.[[fn:42]] Restrictions are not allowed on grounds not specified in paragraph 3, even if such grounds would justify restrictions to other rights protected in the Covenant. Restrictions must be applied only for those purposes for which they were prescribed and must be directly related to the specific need on which they are predicated.[[fn:43]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":42,"text":"See communication No. 1022/2001, Velichkin v. Belarus, Views adopted on 20 October 2005."},{"n":43,"text":"See the Committee’s general comment No. 22, Official Records of the General Assembly, Forty-eighth Session, Supplement No. 40 (A/48/40), annex VI"}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0023","docId":"ccpr-c-gc-34","idx":23,"n":23,"text":"23. States parties should put in place effective measures to protect against attacks aimed at silencing those exercising their right to freedom of expression. Paragraph 3 may never be invoked as a justification for the muzzling of any advocacy of multi-party democracy, democratic tenets and human rights.[[fn:44]] Nor, under any circumstance, can an attack on a person, because of the exercise of his or her freedom of opinion or expression, including such forms of attack as arbitrary arrest, torture, threats to life and killing, be compatible with article 19.[[fn:45]] Journalists are frequently subjected to such threats, intimidation and attacks because of their activities.[[fn:46]] So too are persons who engage in the gathering and analysis of information on the human rights situation and who publish human rights-related reports, including judges and lawyers.[[fn:47]] All such attacks should be vigorously investigated in a timely fashion, and the perpetrators prosecuted,[[fn:48]] and the victims, or, in the case of killings, their representatives, be in receipt of appropriate forms of redress.[[fn:49]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":44,"text":"See communication No. 458/91, Mukong v. Cameroon, Views adopted on 21 July 1994."},{"n":45,"text":"See communication No. 1353/2005, Njaru v. Cameroon, Views adopted on 19 March 2007."},{"n":46,"text":"See, for instance, concluding observations on Algeria (CCPR/C/DZA/CO/3); concluding observations on Costa Rica (CCPR/C/CRI/CO/5); concluding observations on Sudan (CCPR/C/SDN/CO/3)."},{"n":47,"text":"See communication No. 1353/2005, Njaru v. Cameroon ; concluding observations on Nicaragua (CCPR/C/NIC/CO/3); concluding observations on Tunisia (CCPR/C/TUN/CO/5); concluding observations on the Syrian Arab Republic (CCPR/CO/84/SYR); concluding observations on Colombia (CCPR/CO/80/COL)."},{"n":48,"text":"Ibid. and concluding observations on Georgia (CCPR/C/GEO/CO/3)."},{"n":49,"text":"Concluding observations on Guyana (CCPR/C/79/Add.121)."}],"section":["The application of article 19 (3)"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0024","docId":"ccpr-c-gc-34","idx":24,"n":24,"text":"24. Restrictions must be provided by law. Law may include laws of parliamentary privilege[[fn:50]] and laws of contempt of court.[[fn:51]] Since any restriction on freedom of expression constitutes a serious curtailment of human rights, it is not compatible with the Covenant for a restriction to be enshrined in traditional, religious or other such customary law.[[fn:52]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":50,"text":"See communication No. 633/95, Gauthier v. Canada."},{"n":51,"text":"See communication No. 1373/2005, Dissanayake v. Sri Lanka, Views adopted on 22 July 2008."},{"n":52,"text":"See general comment No. 32."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0025","docId":"ccpr-c-gc-34","idx":25,"n":25,"text":"25. For the purposes of paragraph 3, a norm, to be characterized as a “law”, must be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly[[fn:53]] and it must be made accessible to the public. A law may not confer unfettered discretion for the restriction of freedom of expression on those charged with its execution.[[fn:54]] Laws must provide sufficient guidance to those charged with their execution to enable them to ascertain what sorts of expression are properly restricted and what sorts are not.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":53,"text":"See communication No. 578/1994, de Groot v. The Netherlands, Views adopted on 14 July 1995."},{"n":54,"text":"See general comment No. 27."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0026","docId":"ccpr-c-gc-34","idx":26,"n":26,"text":"26. Laws restricting the rights enumerated in article 19, paragraph 2, including the laws referred to in paragraph 24, must not only comply with the strict requirements of article 19, paragraph 3 of the Covenant but must also themselves be compatible with the provisions, aims and objectives of the Covenant.[[fn:55]] Laws must not violate the non-discrimination provisions of the Covenant. Laws must not provide for penalties that are incompatible with the Covenant, such as corporal punishment.[[fn:56]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":55,"text":"See communication No. 488/1992, Toonen v. Australia, Views adopted on 30 March 1994."},{"n":56,"text":"General comment No. 20, Official Records of the General Assembly, Forty-seventh Session, Supplement No. 40 (A/47/40), annex VI, sect. A."}],"section":["The application of article 19 (3)"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0027","docId":"ccpr-c-gc-34","idx":27,"n":27,"text":"27. It is for the State party to demonstrate the legal basis for any restrictions imposed on freedom of expression.[[fn:57]] If, with regard to a particular State party, the Committee has to consider whether a particular restriction is imposed by law, the State party should provide details of the law and of actions that fall within the scope of the law.[[fn:58]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":57,"text":"See communication No. 1553/2007, Korneenko et al. v. Belarus, Views adopted on 31 October 2006."},{"n":58,"text":"See communication No. 132/1982, Jaona v. Madagascar, Views adopted on 1 April 1985."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0028","docId":"ccpr-c-gc-34","idx":28,"n":28,"text":"28. The first of the legitimate grounds for restriction listed in paragraph 3 is that of respect for the rights or reputations of others. The term “rights” includes human rights as recognized in the Covenant and more generally in international human rights law. For example, it may be legitimate to restrict freedom of expression in order to protect the right to vote under article 25, as well as rights article under 17 (see para. 37).[[fn:59]] Such restrictions must be constructed with care: while it may be permissible to protect voters from forms of expression that constitute intimidation or coercion, such restrictions must not impede political debate, including, for example, calls for the boycotting of a non-compulsory vote.[[fn:60]] The term “others” relates to other persons individually or as members of a community.[[fn:61]] Thus, it may, for instance, refer to individual members of a community defined by its religious faith[[fn:62]] or ethnicity.[[fn:63]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":59,"text":"See communication No. 927/2000, Svetik v. Belarus, Views adopted on 8 July 2004."},{"n":60,"text":"Ibid."},{"n":61,"text":"See communication No. 736/97, Ross v. Canada, Views adopted on 18 October 2000."},{"n":62,"text":"See communication No. 550/93, Faurisson v. France; concluding observations on Austria (CCPR/C/AUT/CO/4)."},{"n":63,"text":"Concluding observations on Slovakia (CCPR/CO/78/SVK); concluding observations on Israel (CCPR/CO/78/ISR)."}],"section":["The application of article 19 (3)"],"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-gc-34-0029","docId":"ccpr-c-gc-34","idx":29,"n":29,"text":"29. The second legitimate ground is that of protection of national security or of public order (ordre public), or of public health or morals.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0030","docId":"ccpr-c-gc-34","idx":30,"n":30,"text":"30. Extreme care must be taken by States parties to ensure that treason laws[[fn:64]] and similar provisions relating to national security, whether described as official secrets or sedition laws or otherwise, are crafted and applied in a manner that conforms to the strict requirements of paragraph 3. It is not compatible with paragraph 3, for instance, to invoke such laws to suppress or withhold from the public information of legitimate public interest that does not harm national security or to prosecute journalists, researchers, environmental activists, human rights defenders, or others, for having disseminated such information.[[fn:65]] Nor is it generally appropriate to include in the remit of such laws such categories of information as those relating to the commercial sector, banking and scientific progress.[[fn:66]] The Committee has found in one case that a restriction on the issuing of a statement in support of a labour dispute, including for the convening of a national strike, was not permissible on the grounds of national security.[[fn:67]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":64,"text":"Concluding observations on Hong Kong (CCPR/C/HKG/CO/2)."},{"n":65,"text":"Concluding observations on the Russian Federation (CCPR/CO/79/RUS)."},{"n":66,"text":"y ? Concluding observations on Uzbekistan (CCPR/CO/71/UZB)."},{"n":67,"text":"See communication No. 518/1992, Sohn v. Republic of Korea, Views adopted on 18 March 1994."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0031","docId":"ccpr-c-gc-34","idx":31,"n":31,"text":"31. On the basis of maintenance of public order (ordre public) it may, for instance, be permissible in certain circumstances to regulate speech-making in a particular public place.[[fn:68]] Contempt of court proceedings relating to forms of expression may be tested against the public order (ordre public) ground. In order to comply with paragraph 3, such proceedings and the penalty imposed must be shown to be warranted in the exercise of a court’s power to maintain orderly proceedings.[[fn:69]] Such proceedings should not in any way be used to restrict the legitimate exercise of defence rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":68,"text":"See communication No. 1157/2003, Coleman v. Australia."},{"n":69,"text":"See communication No. 1373/2005, Dissanayake v. Sri Lanka."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0032","docId":"ccpr-c-gc-34","idx":32,"n":32,"text":"32. The Committee observed in general comment No. 22, that “the concept of morals derives from many social, philosophical and religious traditions; consequently, limitations... for the purpose of protecting morals must be based on principles not deriving exclusively from a single tradition”. Any such limitations must be understood in the light of universality of human rights and the principle of non-discrimination","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0033","docId":"ccpr-c-gc-34","idx":33,"n":33,"text":"33. Restrictions must be “necessary” for a legitimate purpose. Thus, for instance, a prohibition on commercial advertising in one language, with a view to protecting the language of a particular community, violates the test of necessity if the protection could be achieved in other ways that do not restrict freedom of expression.[[fn:70]] On the other hand, the Committee has considered that a State party complied with the test of necessity when it transferred a teacher who had published materials that expressed hostility toward a religious community to a non-teaching position in order to protect the right and freedom of children of that faith in a school district.[[fn:71]]","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":70,"text":"See communication No. 359, 385/89, Ballantyne , Davidson and McIntyre v. Canada."},{"n":71,"text":"See communication No. 736/97, Ross v. Canada, Views adopted on 17 July 2006."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0034","docId":"ccpr-c-gc-34","idx":34,"n":34,"text":"34. Restrictions must not be overbroad. The Committee observed in general comment No. 27 that “restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve their protective function; they must be proportionate to the interest to be protected…The principle of proportionality has to be respected not only in the law that frames the restrictions but also by the administrative and judicial authorities in applying the law”.[[fn:72]] The principle of proportionality must also take account of the form of expression at issue as well as the means of its dissemination. For instance, the value placed by the Covenant upon uninhibited expression is particularly high in the circumstances of public debate in a democratic society concerning figures in the public and political domain.[[fn:73]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":72,"text":"General comment No. 27, para. 14. See also Communications No. 1128/2002, Marques v. Angola; No. 1157/2003, Coleman v. Australia."},{"n":73,"text":"See communication No. 1180/2003, Bodrozic v. Serbia and Montenegro, Views adopted on 31 October 2005."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0035","docId":"ccpr-c-gc-34","idx":35,"n":35,"text":"35. When a State party invokes a legitimate ground for restriction of freedom of expression, it must demonstrate in specific and individualized fashion the precise nature of the threat, and the necessity and proportionality of the specific action taken, in particular by establishing a direct and immediate connection between the expression and the threat.[[fn:74]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":74,"text":"See communication No. 926/2000, Shin v. Republic of Korea ."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0036","docId":"ccpr-c-gc-34","idx":36,"n":36,"text":"36. The Committee reserves to itself an assessment of whether, in a given situation, there may have been circumstances which made a restriction of freedom of expression necessary.[[fn:75]] In this regard, the Committee recalls that the scope of this freedom is not to be assessed by reference to a “margin of appreciation”[[fn:76]] and in order for the Committee to carry out this function, a State party, in any given case, must demonstrate in specific fashion the precise nature of the threat to any of the enumerated grounds listed in paragraph 3 that has caused it to restrict freedom of expression.[[fn:77]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":75,"text":"See communication No. 518/1992, Sohn v. Republic of Korea ."},{"n":76,"text":"See communication No. 511/1992, Ilmari Länsman, et al. v. Finland, Views adopted on 14 October 1993."},{"n":77,"text":"See communications Nos. 518/92, Sohn v. Republic of Korea; No. 926/2000, Shin v. Republic of Korea,."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0037","docId":"ccpr-c-gc-34","idx":37,"n":37,"text":"37. Among restrictions on political discourse that have given the Committee cause for concern are the prohibition of door-to-door canvassing,[[fn:78]] restrictions on the number and type of written materials that may be distributed during election campaigns,[[fn:79]] blocking access during election periods to sources, including local and international media, of political commentary,[[fn:80]] and limiting access of opposition parties and politicians to media outlets.[[fn:81]] Every restriction should be compatible with paragraph 3. However, it may be legitimate for a State party to restrict political polling imminently preceding an election in order to maintain the integrity of the electoral process.[[fn:82]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":78,"text":"Concluding observations on Japan (CCPR/C/JPN/CO/5)."},{"n":79,"text":"Ibid."},{"n":80,"text":"Concluding observations on Tunisia (CCPR/C/TUN/CO/5)."},{"n":81,"text":"Concluding observations on Togo (CCPR/CO/76/TGO); concluding observations on Moldova (CCPR/CO/75/MDA)."},{"n":82,"text":"See communication No. 968/2001, Kim v. Republic of Korea, Views adopted on 14 March 1996."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0038","docId":"ccpr-c-gc-34","idx":38,"n":38,"text":"38. As noted earlier in paragraphs 13 and 20, concerning the content of political discourse, the Committee has observed that in circumstances of public debate concerning public figures in the political domain and public institutions, the value placed by the Covenant upon uninhibited expression is particularly high.[[fn:83]] Thus, the mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties, albeit public figures may also benefit from the provisions of the Covenant.[[fn:84]] Moreover, all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political opposition.[[fn:85]] Accordingly, the Committee expresses concern regarding laws on such matters as, lese majesty,[[fn:86]] desacato,[[fn:87]] disrespect for authority,[[fn:88]] disrespect for flags and symbols, defamation of the head of state[[fn:89]] and the protection of the honour of public officials,[[fn:90]] and laws should not provide for more severe penalties solely on the basis of the identity of the person that may have been impugned. States parties should not prohibit criticism of institutions, such as the army or the administration.[[fn:91]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":83,"text":"See communication No. 1180/2003, Bodrozic v. Serbia and Montenegro, Views adopted on 31 October 2005."},{"n":84,"text":"Ibid."},{"n":85,"text":"See communication No. 1128/2002, Marques v. Angola."},{"n":86,"text":"See communications Nos. 422-424/1990, Aduayom et al. v. Togo, Views adopted on 30 June 1994."},{"n":87,"text":"Concluding observations on the Dominican Republic (CCPR/CO/71/DOM)."},{"n":88,"text":"Concluding observations on Honduras (CCPR/C/HND/CO/1)."},{"n":89,"text":"See concluding observations on Zambia (CCPR/ZMB/CO/3), para.25."},{"n":90,"text":"See concluding observations on Costa Rica (CCPR/C/CRI/CO/5), para. 11."},{"n":91,"text":"Ibid., and see concluding observations on Tunisia (CCPR/C/TUN/CO/5), para. 91.."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0039","docId":"ccpr-c-gc-34","idx":39,"n":39,"text":"39. States parties should ensure that legislative and administrative frameworks for the regulation of the mass media are consistent with the provisions of paragraph 3.[[fn:92]] Regulatory systems should take into account the differences between the print and broadcast sectors and the internet, while also noting the manner in which various media converge. It is incompatible with article 19 to refuse to permit the publication of newspapers and other print media other than in the specific circumstances of the application of paragraph 3. Such circumstances may never include a ban on a particular publication unless specific content, that is not severable, can be legitimately prohibited under paragraph 3. States parties must avoid imposing onerous licensing conditions and fees on the broadcast media, including on community and commercial stations.[[fn:93]] The criteria for the application of such conditions and licence fees should be reasonable and objective,[[fn:94]] clear,[[fn:95]] transparent,[[fn:96]] non-discriminatory and otherwise in compliance with the Covenant.[[fn:97]] Licensing regimes for broadcasting via media with limited capacity, such as audiovisual terrestrial and satellite services should provide for an equitable allocation of access and frequencies between public, commercial and community broadcasters. It is recommended that States parties that have not already done so should establish an independent and public broadcasting licensing authority, with the power to examine broadcasting applications and to grant licenses.[[fn:98]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":92,"text":"See concluding observations on Viet Nam (CCPR/CO/75/VNM), para. 18, and concluding observations on Lesotho (CCPR/CO/79/Add.106), para. 23."},{"n":93,"text":"Concluding observations on Gambia (CCPR/CO/75/GMB)."},{"n":94,"text":"See concluding observations on Lebanon (CCPR/CO/79/Add.78), para. 25."},{"n":95,"text":"Concluding observations on Kuwait (CCPR/CO/69/KWT); concluding observations on Ukraine (CCPR/CO/73/UKR)."},{"n":96,"text":"Concluding observations on Kyrgyzstan (CCPR/CO/69/KGZ)."},{"n":97,"text":"Concluding observations on Ukraine (CCPR/CO/73/UKR)."},{"n":98,"text":"Concluding observations on Lebanon (CCPR/CO/79/Add.78)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0040","docId":"ccpr-c-gc-34","idx":40,"n":40,"text":"40. The Committee reiterates its observation in general comment No. 10 that “because of the development of modern mass media, effective measures are necessary to prevent such control of the media as would interfere with the right of everyone to freedom of expression”. The State should not have monopoly control over the media and should promote plurality of the media.[[fn:99]] Consequently, States parties should take appropriate action, consistent with the Covenant, to prevent undue media dominance or concentration by privately controlled media groups in monopolistic situations that may be harmful to a diversity of sources and views.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":99,"text":"See concluding observations on Guyana (CCPR/CO/79/Add.121), para. 19; concluding observations on the Russian Federation (CCPR/CO/79/RUS); concluding observations on Viet Nam (CCPR/CO/75/VNM); concluding observations on Italy (CCPR/C/79/Add. 37)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0041","docId":"ccpr-c-gc-34","idx":41,"n":41,"text":"41. Care must be taken to ensure that systems of government subsidy to media outlets and the placing of government advertisements[[fn:100]] are not employed to the effect of impeding freedom of expression.[[fn:101]] Furthermore, private media must not be put at a disadvantage compared to public media in such matters as access to means of dissemination/distribution and access to news.[[fn:102]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":100,"text":"See concluding observations on Lesotho (CCPR/CO/79/Add.106), para. 22."},{"n":101,"text":"Concluding observations on Ukraine (CCPR/CO/73/UKR)."},{"n":102,"text":"Concluding observations on Sri Lanka (CCPR/CO/79/LKA); and see concluding observations on Togo (CCPR/CO/76/TGO), para. 17."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0042","docId":"ccpr-c-gc-34","idx":42,"n":42,"text":"42. The penalization of a media outlet, publishers or journalist solely for being critical of the government or the political social system espoused by the government[[fn:103]]can never be considered to be a necessary restriction of freedom of expression.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":103,"text":"Concluding observations on Peru (CCPR/CO/70/PER)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0043","docId":"ccpr-c-gc-34","idx":43,"n":43,"text":"43. Any restrictions on the operation of websites, blogs or any other internet-based, electronic or other such information dissemination system, including systems to support such communication, such as internet service providers or search engines, are only permissible to the extent that they are compatible with paragraph 3. Permissible restrictions generally should be content-specific; generic bans on the operation of certain sites and systems are not compatible with paragraph 3. It is also inconsistent with paragraph 3 to prohibit a site or an information dissemination system from publishing material solely on the basis that it may be critical of the government or the political social system espoused by the government.[[fn:104]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":104,"text":"Concluding observations on the Syrian Arab Republic (CCPR/CO/84/SYR)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0044","docId":"ccpr-c-gc-34","idx":44,"n":44,"text":"44. Journalism is a function shared by a wide range of actors, including professional full-time reporters and analysts, as well as bloggers and others who engage in forms of self-publication in print, on the internet or elsewhere, and general State systems of registration or licensing of journalists are incompatible with paragraph 3. Limited accreditation schemes are permissible only where necessary to provide journalists with privileged access to certain places and/or events. Such schemes should be applied in a manner that is non-discriminatory and compatible with article 19 and other provisions of the Covenant, based on objective criteria and taking into account that journalism is a function shared by a wide range of actors.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0045","docId":"ccpr-c-gc-34","idx":45,"n":45,"text":"45. It is normally incompatible with paragraph 3 to restrict the freedom of journalists and others who seek to exercise their freedom of expression (such as persons who wish to travel to human rights-related meetings)[[fn:105]] to travel outside the State party, to restrict the entry into the State party of foreign journalists to those from specified countries[[fn:106]] or to restrict freedom of movement of journalists and human rights investigators within the State party (including to conflict-affected locations, the sites of natural disasters and locations where there are allegations of human rights abuses). States parties should recognize and respect that element of the right of freedom of expression that embraces the limited journalistic privilege not to disclose information sources.[[fn:107]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":105,"text":"Concluding observations on Uzbekistan (CCPR/CO/83/UZB); concluding observations on Morocco (CCPR/CO/82/MAR)."},{"n":106,"text":"Concluding observations on Democratic People’s Republic of Korea (CCPR/CO/72/PRK)."},{"n":107,"text":"Concluding observations on Kuwait (CCPR/CO/69/KWT)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0046","docId":"ccpr-c-gc-34","idx":46,"n":46,"text":"46. States parties should ensure that counter-terrorism measures are compatible with paragraph 3. Such offences as “encouragement of terrorism”[[fn:108]] and “extremist activity”[[fn:109]] as well as offences of “praising”, “glorifying”, or “justifying” terrorism, should be clearly defined to ensure that they do not lead to unnecessary or disproportionate interference with freedom of expression. Excessive restrictions on access to information must also be avoided. The media plays a crucial role in informing the public about acts of terrorism and its capacity to operate should not be unduly restricted. In this regard, journalists should not be penalized for carrying out their legitimate activities.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":108,"text":"Concluding observations on the United Kingdom of Great Britain and Northern Ireland (CCPR/C/GBR/CO/6)."},{"n":109,"text":"Concluding observations on the Russian Federation (CCPR/CO/79/RUS)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0047","docId":"ccpr-c-gc-34","idx":47,"n":47,"text":"47. Defamation laws must be crafted with care to ensure that they comply with paragraph 3, and that they do not serve, in practice, to stifle freedom of expression.[[fn:110]] All such laws, in particular penal defamation laws, should include such defences as the defence of truth and they should not be applied with regard to those forms of expression that are not, of their nature, subject to verification. At least with regard to comments about public figures, consideration should be given to avoiding penalizing or otherwise rendering unlawful untrue statements that have been published in error but without malice.[[fn:111]] In any event, a public interest in the subject matter of the criticism should be recognized as a defence. Care should be taken by States parties to avoid excessively punitive measures and penalties. Where relevant, States parties should place reasonable limits on the requirement for a defendant to reimburse the expenses of the successful party.[[fn:112]] States parties should consider the decriminalization of defamation[[fn:113]] and, in any case, the application of the criminal law should only be countenanced in the most serious of cases and imprisonment is never an appropriate penalty. It is impermissible for a State party to indict a person for criminal defamation but then not to proceed to trial expeditiously – such a practice has a chilling effect that may unduly restrict the exercise of freedom of expression of the person concerned and others.[[fn:114]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":110,"text":"Concluding observations on the United Kingdom of Great Britain and Northern Ireland (CCPR/C/GBR/CO/6)."},{"n":111,"text":"Ibid."},{"n":112,"text":"Ibid."},{"n":113,"text":"Concluding observations on Italy (CCPR/C/ITA/CO/5); concluding observations on the Former Yugoslav Republic of Macedonia (CCPR/C/MKD/CO/2)."},{"n":114,"text":"See communication No. 909/2000, Kankanamge v. Sri Lanka, Views adopted on 27 July 2004."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0048","docId":"ccpr-c-gc-34","idx":48,"n":48,"text":"48. Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant, except in the specific circumstances envisaged in article 20, paragraph 2, of the Covenant. Such prohibitions must also comply with the strict requirements of article 19, paragraph 3, as well as such articles as 2, 5, 17, 18 and 26. Thus, for instance, it would be impermissible for any such laws to discriminate in favour of or against one or certain religions or belief systems, or their adherents over another, or religious believers over non-believers. Nor would it be permissible for such prohibitions to be used to prevent or punish criticism of religious leaders or commentary on religious doctrine and tenets of faith.[[fn:115]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":115,"text":"Concluding observations on the United Kingdom of Great Britain and Northern Ireland-the Crown Dependencies of Jersey, Guernsey and the Isle of Man (CCPR/C/79/Add.119). See also concluding observations on Kuwait (CCPR/CO/69/KWT)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0049","docId":"ccpr-c-gc-34","idx":49,"n":49,"text":"49. Laws that penalize the expression of opinions about historical facts are incompatible with the obligations that the Covenant imposes on States parties in relation to the respect for freedom of opinion and expression.[[fn:116]] The Covenant does not permit general prohibition of expressions of an erroneous opinion or an incorrect interpretation of past events. Restrictions on the right of freedom of opinion should never be imposed and, with regard to freedom of expression, they should not go beyond what is permitted in paragraph 3 or required under article 20.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":116,"text":"So called “memory-laws”, see communication No. , No. 550/93, Faurisson v. France. See also concluding observations on Hungary (CCPR/C/HUN/CO/5) paragraph 19."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"ccpr-c-gc-34-0050","docId":"ccpr-c-gc-34","idx":50,"n":50,"text":"50. Articles 19 and 20 are compatible with and complement each other. The acts that are addressed in article 20 are all subject to restriction pursuant to article 19, paragraph 3. As such, a limitation that is justified on the basis of article 20 must also comply with article 19, paragraph 3.[[fn:117]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":117,"text":"See communication No. 736/1997, Ross v. Canada, Views adopted on 18 October 2000."}],"section":["The relationship between articles 19 and 20"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0051","docId":"ccpr-c-gc-34","idx":51,"n":51,"text":"51. What distinguishes the acts addressed in article 20 from other acts that may be subject to restriction under article 19, paragraph 3, is that for the acts addressed in article 20, the Covenant indicates the specific response required from the State: their prohibition by law. It is only to this extent that article 20 may be considered as lex specialis with regard to article 19.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["The relationship between articles 19 and 20"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0052","docId":"ccpr-c-gc-34","idx":52,"n":52,"text":"52. It is only with regard to the specific forms of expression indicated in article 20 that States parties are obliged to have legal prohibitions. In every case in which the State restricts freedom of expression it is necessary to justify the prohibitions and their provisions in strict conformity with article 19.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["The relationship between articles 19 and 20"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-35-0001","docId":"ccpr-c-gc-35","idx":1,"n":1,"text":"The present general comment replaces general comment No. 8 (sixteenth session), adopted in 1982.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"section":["I. General remarks"]},{"id":"ccpr-c-gc-35-0002","docId":"ccpr-c-gc-35","idx":2,"n":2,"text":"Article 9 recognizes and protects both liberty of person and security of person. In the Universal Declaration of Human Rights, article 3 proclaims that everyone has the right to life, liberty and security of person. That is the first substantive right protected by the Universal Declaration, which indicates the profound importance of article 9 of the Covenant both for individuals and for society as a whole. Liberty and security of person are precious for their own sake, and also because the deprivation of liberty and security of person have historically been principal means for impairing the enjoyment of other rights.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"section":["I. General remarks"],"citedArticles":[{"article":"9","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text opens 'Article 9 recognizes and protects both liberty of person and security of person'; ccpr-c-gc-35 is the GC on art. 9 ICCPR (home_treaty)."},{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text states 'In the Universal Declaration of Human Rights, article 3 proclaims...' - UDHR is a declaration, not an in-scope treaty."},{"article":"9","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text states 'article 9 of the Covenant'; in CCPR GC the Covenant is ICCPR."}]},{"id":"ccpr-c-gc-35-0003","docId":"ccpr-c-gc-35","idx":3,"n":3,"text":"Liberty of person concerns freedom from confinement of the body, not a general freedom of action.[[fn:1]] Security of person concerns freedom from injury to the body and the mind, or bodily and mental integrity, as further discussed in paragraph 9 below. Article 9 guarantees those rights to everyone. “Everyone” includes, among others, girls and boys, soldiers, persons with disabilities, lesbian, gay, bisexual and transgender persons, aliens, refugees and asylum seekers, stateless persons, migrant workers, persons convicted of crime, and persons who have engaged in terrorist activity.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","LGBTI+","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":1,"text":"854/1999, Wackenheim v. France, para. 6.3."}],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0004","docId":"ccpr-c-gc-35","idx":4,"n":4,"text":"Paragraphs 2 to 5 of article 9 set out specific safeguards for the protection of liberty and security of person. Some of the provisions of article 9 (part of paragraph 2 and the whole of paragraph 3) apply only in connection with criminal charges. But the rest, in particular the important guarantee laid down in paragraph 4, i.e. the right to review by a court of the legality of detention, applies to all persons deprived of liberty.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0005","docId":"ccpr-c-gc-35","idx":5,"n":5,"text":"Deprivation of liberty involves more severe restriction of motion within a narrower space than mere interference with liberty of movement under article 12.[[fn:2]]Examples of deprivation of liberty include police custody, arraigo,[[fn:3]] remand detention, imprisonment after conviction, house arrest,[[fn:4]]administrative detention, involuntary hospitalization,[[fn:5]] institutional custody of children and confinement to a restricted area of an airport,[[fn:6]] as well as being involuntarily transported.[[fn:7]]They also include certain further restrictions on a person who is already detained, for example, solitary confinement or the use of physical restraining devices.[[fn:8]] During a period of military service, restrictions that would amount to deprivation of liberty for a civilian may not amount to deprivation of liberty if they do not exceed the exigencies of normal military service or deviate from the normal conditions of life within the armed forces of the State party concerned.[[fn:9]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":2,"text":"263/1987, González del Río v. Peru, para. 5.1; 833/1998, Karker v. France, para. 8.5."},{"n":3,"text":"See concluding observations: Mexico (CCPR/C/MEX/CO/5, 2010), para. 15."},{"n":4,"text":"1134/2002, Gorji-Dinka v. Cameroon, para. 5.4; see also concluding observations: United Kingdom (CCPR/C/GBR/CO/6, 2008), para. 17 (control orders including curfews of up to 16 hours)."},{"n":5,"text":"754/1997, A. v. New Zealand, para. 7.2 (mental health); see concluding observations: Republic of Moldova (CCPR/C/MDA/CO/2, 2009), para. 13 (contagious disease)."},{"n":6,"text":"See concluding observations: Belgium (CCPR/CO/81/BEL, 2004), para. 17 (detention of migrants pending expulsion)."},{"n":7,"text":"R.12/52, Saldías de López v. Uruguay, para. 13."},{"n":8,"text":"See concluding observations: Czech Republic (CCPR/C/CZE/CO/2, 2007), para. 13; and Republic of Korea (CCPR/C/KOR/CO/3, 2006), para. 13."},{"n":9,"text":"265/1987, Vuolanne v. Finland, para. 9.4."}],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-gc-35-0006","docId":"ccpr-c-gc-35","idx":6,"n":6,"text":"Deprivation of personal liberty is without free consent. Individuals who go voluntarily to a police station to participate in an investigation, and who know that they are free to leave at any time, are not being deprived of their liberty.[[fn:10]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":10,"text":"1758/2008, Jessop v. New Zealand, para. 7.9–7.10."}],"section":["I. General remarks"]},{"id":"ccpr-c-gc-35-0007","docId":"ccpr-c-gc-35","idx":7,"n":7,"text":"States parties have the duty to take appropriate measures to protect the right to liberty of person against deprivation by third parties.[[fn:11]] States parties must protect individuals against abduction or detention by individual criminals or irregular groups, including armed or terrorist groups, operating within their territory. They must also protect individuals against wrongful deprivation of liberty by lawful organizations, such as employers, schools and hospitals. States parties should do their utmost to take appropriate measures to protect individuals against deprivation of liberty by the action of other States within their territory.[[fn:12]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":11,"text":"See concluding observations: Yemen (CCPR/C/YEM/CO/5, 2012), para. 24."},{"n":12,"text":"319/1988, Cañón García v. Ecuador, paras. 5.1–5.2."}],"section":["I. General remarks"]},{"id":"ccpr-c-gc-35-0008","docId":"ccpr-c-gc-35","idx":8,"n":8,"text":"When private individuals or entities are empowered or authorized by a State party to exercise powers of arrest or detention, the State party remains responsible for adherence and ensuring adherence to article 9. It must rigorously limit those powers and must provide strict and effective control to ensure that those powers are not misused, and do not lead to arbitrary or unlawful arrest or detention. It must also provide effective remedies for victims if arbitrary or unlawful arrest or detention does occur.[[fn:13]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":13,"text":"See concluding observations: Guatemala (CCPR/C/GTM/CO/3, 2012), para. 16."}],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0009","docId":"ccpr-c-gc-35","idx":9,"n":9,"text":"The right to security of person protects individuals against intentional infliction of bodily or mental injury, regardless of whether the victim is detained or non-detained. For example, officials of States parties violate the right to personal security when they unjustifiably inflict bodily injury.[[fn:14]]The right to personal security also obliges States parties to take appropriate measures in response to death threats against persons in the public sphere, and more generally to protect individuals from foreseeable threats to life or bodily integrity proceeding from any governmental or private actors.[[fn:15]] States parties must take both measures to prevent future injury and retrospective measures, such as enforcement of criminal laws, in response to past injury. For example, States parties must respond appropriately to patterns of violence against categories of victims such as intimidation of human rights defenders and journalists, retaliation against witnesses, violence against women, including domestic violence, the hazing of conscripts in the armed forces, violence against children, violence against persons on the basis of their sexual orientation or gender identity,[[fn:16]] and violence against persons with disabilities.[[fn:17]] They should also prevent and redress unjustifiable use of force in law enforcement,[[fn:18]] and protect their populations against abuses by private security forces, and against the risks posed by excessive availability of firearms.[[fn:19]] The right to security of person does not address all risks to physical or mental health and is not implicated in the indirect health impact of being the target of civil or criminal proceedings.[[fn:20]]","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":14,"text":"613/1995, Leehong v. Jamaica, para. 9.3."},{"n":15,"text":"1560/2007, Marcellana and Gumanoy v. Philippines, para. 7.7. States parties also violate the right to security of person if they purport to exercise jurisdiction over a person outside their territory by issuing a fatwa or similar death sentence authorizing the killing of the victim. See concluding observations: Islamic Republic of Iran (CCPR/C/79/Add.25, 1993), para. 9; paragraph 63 below (discussing extraterritorial application)."},{"n":16,"text":"See concluding observations: El Salvador (CCPR/CO/78/SLV, 2003), para. 16."},{"n":17,"text":"See concluding observations: Norway (CCPR/C/NOR/CO/6, 2011), para. 10."},{"n":18,"text":"613/1995, Leehong v. Jamaica, paras. 9.3; see Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)."},{"n":19,"text":"See concluding observations: Philippines (CCPR/C/PHL/CO/4, 2012), para. 14."},{"n":20,"text":"1124/2002, Obodzinsky v. Canada, para. 8.5."}],"section":["I. General remarks"]},{"id":"ccpr-c-gc-35-0010","docId":"ccpr-c-gc-35","idx":10,"n":10,"text":"The right to liberty of person is not absolute. Article 9 recognizes that sometimes deprivation of liberty is justified, for example, in the enforcement of criminal laws. Paragraph 1 requires that deprivation of liberty must not be arbitrary, and must be carried out with respect for the rule of law.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0011","docId":"ccpr-c-gc-35","idx":11,"n":11,"text":"The second sentence of paragraph 1 prohibits arbitrary arrest and detention, while the third sentence prohibits unlawful deprivation of liberty, i.e., deprivation of liberty that is not imposed on such grounds and in accordance with such procedure as are established by law. The two prohibitions overlap, in that arrests or detentions may be in violation of the applicable law but not arbitrary, or legally permitted but arbitrary, or both arbitrary and unlawful. Arrest or detention that lacks any legal basis is also arbitrary.[[fn:21]] Unauthorized confinement of prisoners beyond the length of their sentences is arbitrary as well as unlawful;[[fn:22]] the same is true for unauthorized extension of other forms of detention. Continued confinement of detainees in defiance of a judicial order for their release is arbitrary as well as unlawful.[[fn:23]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":21,"text":"414/1990, Mika Miha v. Equatorial Guinea, para. 6.5."},{"n":22,"text":"See concluding observations: Brazil (CCPR/C/BRA/CO/2, 2005), para. 16."},{"n":23,"text":"856/1999, Chambala v. Zambia, para. 7.3."}],"section":["II. Arbitrary detention and unlawful detention"]},{"id":"ccpr-c-gc-35-0012","docId":"ccpr-c-gc-35","idx":12,"n":12,"text":"An arrest or detention may be authorized by domestic law and nonetheless be arbitrary. The notion of “arbitrariness” is not to be equated with “against the law”, but must be interpreted more broadly to include elements of inappropriateness, injustice, lack of predictability and due process of law,[[fn:24]] as well as elements of reasonableness, necessity and proportionality. For example, remand in custody on criminal charges must be reasonable and necessary in all the circumstances.[[fn:25]] Aside from judicially imposed sentences for a fixed period of time, the decision to keep a person in any form of detention is arbitrary if it is not subject to periodic re-evaluation of the justification for continuing the detention.[[fn:26]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":24,"text":"1134/2002, Gorji-Dinka v. Cameroon, para. 5.1; 305/1988, Van Alphen v. Netherlands, para. 5.8."},{"n":25,"text":"1369/2005, Kulov v. Kyrgyzstan, para. 8.3. Pretrial detention in criminal cases is further discussed in section IV below."},{"n":26,"text":"1324/2004, Shafiq v. Australia, para. 7.2."}],"section":["II. Arbitrary detention and unlawful detention"]},{"id":"ccpr-c-gc-35-0013","docId":"ccpr-c-gc-35","idx":13,"n":13,"text":"The term “arrest” refers to any apprehension of a person that commences a deprivation of liberty, and the term “detention” refers to the deprivation of liberty that begins with the arrest and continues in time from apprehension until release.[[fn:27]] Arrest within the meaning of article 9 need not involve a formal arrest as defined under domestic law.[[fn:28]] When an additional deprivation of liberty is imposed on a person already in custody, such as detention on unrelated criminal charges, the commencement of that deprivation of liberty also amounts to an arrest.[[fn:29]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":27,"text":"631/1995, Spakmo v. Norway, para. 6.3."},{"n":28,"text":"1460/2006, Yklymova v. Turkmenistan, paras. 7.2–7.3 (de facto house arrest); 1096/2002, Kurbanova v. Tajikistan, para. 7.2 (detention prior to arrest warrant)."},{"n":29,"text":"635/1995, Morrison v. Jamaica, paras. 22.2–22.3; 1397/2005, Engo v. Cameroon, para. 7.3."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0014","docId":"ccpr-c-gc-35","idx":14,"n":14,"text":"The Covenant does not provide an enumeration of the permissible reasons for depriving a person of liberty. Article 9 expressly recognizes that individuals may be detained on criminal charges, and article 11 expressly prohibits imprisonment on ground of inability to fulfil a contractual obligation.[[fn:30]] Other regimes involving deprivation of liberty must also be established by law and must be accompanied by procedures that prevent arbitrary detention. The grounds and procedures prescribed by law must not be destructive of the right to liberty of person.[[fn:31]] The regime must not amount to an evasion of the limits on the criminal justice system by providing the equivalent of criminal punishment without the applicable protections.[[fn:32]] Although conditions of detention are addressed primarily by articles 7 and 10, detention may be arbitrary if the manner in which the detainees are treated does not relate to the purpose for which they are ostensibly being detained.[[fn:33]] The imposition of a draconian penalty of imprisonment for contempt of court without adequate explanation and without independent procedural safeguards is arbitrary.[[fn:34]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":30,"text":"Detention for criminal offences such as fraud that are related to civil law debts does not violate article 11, and does not amount to arbitrary detention. 1342/2005, Gavrilin v. Belarus, para. 7.3."},{"n":31,"text":"1629/2007, Fardon v. Australia, para. 7.3."},{"n":32,"text":"Ibid., para. 7.4 (a)–7.4 (c); see concluding observations: United States of America (CCPR/C/USA/CO/3/Rev.1, 2006), para. 19; general comment No. 32, paras. 15 and 18.","isIbid":true,"resolvedText":"1629/2007, Fardon v. Australia, para. 7.3."},{"n":33,"text":"1629/2007, Fardon v. Australia, para. 7.4 (a) (nominally civil detention under same prison regime as prior sentence); see concluding observations: Belgium (CCPR/CO/81/BEL, 2004), para. 18 (placement in prison psychiatric annexes), and United Kingdom (CCPR/CO/73/UK, 2001), para. 16 (detention of asylum seekers in prisons)."},{"n":34,"text":"1189/2003, Fernando v. Sri Lanka, para. 9.2; 1373/2005, Dissanakye v. Sri Lanka, para. 8.3."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"11","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"ccpr-c-gc-35-0015","docId":"ccpr-c-gc-35","idx":15,"n":15,"text":"To the extent that States parties impose security detention (sometimes known as administrative detention or internment) not in contemplation of prosecution on a criminal charge,[[fn:35]] the Committee considers that such detention presents severe risks of arbitrary deprivation of liberty.[[fn:36]] Such detention would normally amount to arbitrary detention as other effective measures addressing the threat, including the criminal justice system, would be available. If, under the most exceptional circumstances, a present, direct and imperative threat is invoked to justify the detention of persons considered to present such a threat, the burden of proof lies on States parties to show that the individual poses such a threat and that it cannot be addressed by alternative measures, and that burden increases with the length of the detention. States parties also need to show that detention does not last longer than absolutely necessary, that the overall length of possible detention is limited and that they fully respect the guarantees provided for by article 9 in all cases. Prompt and regular review by a court or other tribunal possessing the same attributes of independence and impartiality as the judiciary is a necessary guarantee for those conditions, as is access to independent legal advice, preferably selected by the detainee, and disclosure to the detainee of, at least, the essence of the evidence on which the decision is taken.[[fn:37]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":35,"text":"The present paragraph concerns security detention and not the forms of post-conviction preventive detention addressed in paragraph 21 below or detention for purposes of extradition or immigration control, see paragraph 18 below."},{"n":36,"text":"See concluding observations: Colombia (CCPR/C/COL/CO/6, 2010), para. 20, and Jordan (CCPR/C/JOR/CO/4, 2010), para. 11."},{"n":37,"text":"On the relationship of article 9 to article 4 of the Covenant and international humanitarian law, see paragraphs 64 to 67 below."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0016","docId":"ccpr-c-gc-35","idx":16,"n":16,"text":"Egregious examples of arbitrary detention include detaining family members of an alleged criminal who are not themselves accused of any wrongdoing, the holding of hostages and arrests for the purpose of extorting bribes or other similar criminal purposes.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"section":["II. Arbitrary detention and unlawful detention"]},{"id":"ccpr-c-gc-35-0017","docId":"ccpr-c-gc-35","idx":17,"n":17,"text":"Arrest or detention as punishment for the legitimate exercise of the rights as guaranteed by the Covenant is arbitrary, including freedom of opinion and expression (art. 19),[[fn:38]] freedom of assembly (art. 21), freedom of association (art. 22), freedom of religion (art. 18) and the right to privacy (art. 17). Arrest or detention on discriminatory grounds in violation of article 2, paragraph 1, article 3 or article 26 is also in principle arbitrary.[[fn:39]] Retroactive criminal punishment by detention in violation of article 15 amounts to arbitrary detention.[[fn:40]] Enforced disappearances violate numerous substantive and procedural provisions of the Covenant and constitute a particularly aggravated form of arbitrary detention. Imprisonment after a manifestly unfair trial is arbitrary, but not every violation of the specific procedural guarantees for criminal defendants in article 14 results in arbitrary detention.[[fn:41]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":38,"text":"328/1988, Zelaya Blanco v. Nicaragua, para. 10.3."},{"n":39,"text":"1314/2004, O’Neill and Quinn v. Ireland, para. 8.5 (finding no violation); see concluding observations: Honduras (CCPR/C/HND/CO/1, 2006), para. 13 (detention on the basis of sexual orientation), and Cameroon (CCPR/C/CMR/CO/4, 2010), para. 12 (imprisonment for consensual same-sex activities of adults)."},{"n":40,"text":"1629/2007, Fardon v. Australia, para. 7.4 (b)."},{"n":41,"text":"1007/2001, Sineiro Fernández v. Spain, paras. 6.3 (absence of review of conviction by higher court violated paragraph 5 of article 14, but not paragraph 1 of article 9)."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"22","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"15","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-35-0018","docId":"ccpr-c-gc-35","idx":18,"n":18,"text":"Detention in the course of proceedings for the control of immigration is not per se arbitrary, but the detention must be justified as reasonable, necessary and proportionate in the light of the circumstances and reassessed as it extends in time.[[fn:42]] Asylum seekers who unlawfully enter a State party’s territory may be detained for a brief initial period in order to document their entry, record their claims and determine their identity if it is in doubt.[[fn:43]] To detain them further while their claims are being resolved would be arbitrary in the absence of particular reasons specific to the individual, such as an individualized likelihood of absconding, a danger of crimes against others or a risk of acts against national security.[[fn:44]] The decision must consider relevant factors case by case and not be based on a mandatory rule for a broad category; must take into account less invasive means of achieving the same ends, such as reporting obligations, sureties or other conditions to prevent absconding; and must be subject to periodic re-evaluation and judicial review.[[fn:45]] Decisions regarding the detention of migrants must also take into account the effect of the detention on their physical or mental health.[[fn:46]] Any necessary detention should take place in appropriate, sanitary, non-punitive facilities and should not take place in prisons. The inability of a State party to carry out the expulsion of an individual because of statelessness or other obstacles does not justify indefinite detention.[[fn:47]] Children should not be deprived of liberty, except as a measure of last resort and for the shortest appropriate period of time, taking into account their best interests as a primary consideration with regard to the duration and conditions of detention, and also taking into account the extreme vulnerability and need for care of unaccompanied minors.[[fn:48]]","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":42,"text":"560/1993, A. v. Australia, paras. 9.3–9.4; 794/1998, Jalloh v. Netherlands, para. 8.2; 1557/2007, Nystrom v. Australia, paras. 7.2–7.3."},{"n":43,"text":"1069/2002, Bakhtiyari v. Australia, paras. 9.2–9.3."},{"n":44,"text":"1551/2007, Tarlue v. Canada, paras. 3.3 and 7.6; 1051/2002, Ahani v. Canada, para. 10.2."},{"n":45,"text":"1014/2001, Baban v. Australia, para. 7.2; 1069/2002, Bakhtiyari v. Australia, paras. 9.2–9.3; see UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention (2012), guideline 4.3 and annex A (describing alternatives to detention)."},{"n":46,"text":"1324/2004, Shafiq v. Australia, para. 7.3; 900/1999, C. v. Australia, paras. 8.2 and 8.4."},{"n":47,"text":"2094/2011, F.K.A.G. v. Australia, para. 9.3."},{"n":48,"text":"1050/2002, D. and E. v. Australia, para. 7.2; 794/1998, Jalloh v. Netherlands, paras. 8.2–8.3; see also Convention on the Rights of the Child, arts. 3, para. 1, and 37 (b)."}],"section":["II. Arbitrary detention and unlawful detention"]},{"id":"ccpr-c-gc-35-0019","docId":"ccpr-c-gc-35","idx":19,"n":19,"text":"States parties should revise outdated laws and practices in the field of mental health in order to avoid arbitrary detention. The Committee emphasizes the harm inherent in any deprivation of liberty and also the particular harms that may result in situations of involuntary hospitalization. States parties should make available adequate community-based or alternative social-care services for persons with psychosocial disabilities, in order to provide less restrictive alternatives to confinement.[[fn:49]] The existence of a disability shall not in itself justify a deprivation of liberty but rather any deprivation of liberty must be necessary and proportionate, for the purpose of protecting the individual in question from serious harm or preventing injury to others.[[fn:50]] It must be applied only as a measure of last resort and for the shortest appropriate period of time, and must be accompanied by adequate procedural and substantive safeguards established by law.[[fn:51]] The procedures should ensure respect for the views of the individual and ensure that any representative genuinely represents and defends the wishes and interests of the individual.[[fn:52]] States parties must offer to institutionalized persons programmes of treatment and rehabilitation that serve the purposes that are asserted to justify the detention.[[fn:53]] Deprivation of liberty must be re-evaluated at appropriate intervals with regard to its continuing necessity.[[fn:54]] The individuals must be assisted in obtaining access to effective remedies for the vindication of their rights, including initial and periodic judicial review of the lawfulness of the detention, and to prevent conditions of detention incompatible with the Covenant.[[fn:55]]","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":49,"text":"See concluding observations: Latvia (CCPR/C/LVA/CO/3, 2014), para. 16."},{"n":50,"text":"1061/2002, Fijalkowska v. Poland, para. 8.3; 1629/2007, Fardon v. Australia, para. 7.3; see concluding observations: Russian Federation (CCPR/C/RUS/CO/6, 2009), para. 19; Convention on the Rights of Persons with Disabilities, art. 14, para. 1 (b)."},{"n":51,"text":"1061/2002, Fijalkowska v. Poland, para. 8.3."},{"n":52,"text":"See concluding observations: Czech Republic (CCPR/C/CZE/CO/2, 2007), para. 14; see also Committee on the Rights of the Child, general comment No. 9, para. 48."},{"n":53,"text":"See concluding observations: Bulgaria (CCPR/C/BGR/CO/3, 2011), para. 10."},{"n":54,"text":"754/1997, A. v. New Zealand, para. 7.2; see Committee on the Rights of the Child, general comment No. 9, para. 50."},{"n":55,"text":"1061/2002, Fijalkowska v. Poland, paras. 8.3–8.4; 754/1997, A. v. New Zealand, para. 7.3; general comment No. 31, para. 15."}],"section":["II. Arbitrary detention and unlawful detention"]},{"id":"ccpr-c-gc-35-0020","docId":"ccpr-c-gc-35","idx":20,"n":20,"text":"The Covenant is consistent with a variety of schemes for sentencing in criminal cases. Convicted prisoners are entitled to have the duration of their sentences administered in accordance with domestic law. Consideration for parole or other forms of early release must be in accordance with the law[[fn:56]] and such release must not be denied on grounds that are arbitrary within the meaning of article 9. If such release is granted upon conditions and later the release is revoked because of an alleged breach of the conditions, then the revocation must also be carried out in accordance with law and must not be arbitrary and, in particular, not disproportionate to the seriousness of the breach. A prediction of the prisoner’s future behaviour may be a relevant factor in deciding whether to grant early release.[[fn:57]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":56,"text":"1388/2005, De Léon Castro v. Spain, para. 9.3."},{"n":57,"text":"1492/2006, Van der Plaat v. New Zealand, para. 6.3."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0021","docId":"ccpr-c-gc-35","idx":21,"n":21,"text":"When a criminal sentence includes a punitive period followed by a non-punitive period intended to protect the safety of other individuals,[[fn:58]] then once the punitive term of imprisonment has been served, to avoid arbitrariness, the additional detention must be justified by compelling reasons arising from the gravity of the crimes committed and the likelihood of the detainee’s committing similar crimes in the future. States should only use such detention as a last resort and regular periodic reviews by an independent body must be assured to decide whether continued detention is justified.[[fn:59]] State parties must exercise caution and provide appropriate guarantees in evaluating future dangers.[[fn:60]] The conditions in such detention must be distinct from the conditions for convicted prisoners serving a punitive sentence and must be aimed at the detainee’s rehabilitation and reintegration into society.[[fn:61]] If a prisoner has fully served the sentence imposed at the time of conviction, articles 9 and 15 prohibit a retroactive increase in sentence and a State party may not circumvent that prohibition by imposing a detention that is equivalent to penal imprisonment under the label of civil detention.[[fn:62]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":58,"text":"In different legal systems, such detention may be known as “rétention de sûreté”, “Sicherungsverwahrung” or, in English, “preventive detention”; see 1090/2002, Rameka v. New Zealand."},{"n":59,"text":"Ibid., para. 7.3.","isIbid":true,"resolvedText":"In different legal systems, such detention may be known as “rétention de sûreté”, “Sicherungsverwahrung” or, in English, “preventive detention”; see 1090/2002, Rameka v. New Zealand."},{"n":60,"text":"See concluding observations: Germany (CCPR/C/DEU/CO/6, 2012), para. 14."},{"n":61,"text":"1512/2006, Dean v. New Zealand, para. 7.5."},{"n":62,"text":"1629/2007, Fardon v. Australia, para. 7.4."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"15","source":"regex"}]},{"id":"ccpr-c-gc-35-0022","docId":"ccpr-c-gc-35","idx":22,"n":22,"text":"The third sentence of paragraph 1 of article 9 provides that no one shall be deprived of liberty except on such grounds and in accordance with such procedure as are established by law. Any substantive grounds for arrest or detention must be prescribed by law and should be defined with sufficient precision to avoid overly broad or arbitrary interpretation or application.[[fn:63]] Deprivation of liberty without such legal authorization is unlawful.[[fn:64]] Continued detention despite an operative (exécutoire) judicial order of release or a valid amnesty is also unlawful.[[fn:65]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":63,"text":"See concluding observations: Philippines (CCPR/CO/79/PHL, 2003), para. 14 (vagrancy law vague), Mauritius (CCPR/CO/83/MUS, 2005), para. 12 (terrorism law), Russian Federation (CCPR/C/RUS/CO/6, 2009), para. 24 (“extremist activity”), and Honduras (CCPR/C/HND/CO/1, 2006), para. 13 (“unlawful association”)."},{"n":64,"text":"702/1996, McLawrence v. Jamaica, para. 5.5: “the principle of legality is violated if an individual is arrested or detained on grounds which are not clearly established in domestic legislation”."},{"n":65,"text":"856/1999, Chambala v. Zambia, para. 7.3; 138/1981, Mpandanjila et al. v. Zaire, para. 10."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0023","docId":"ccpr-c-gc-35","idx":23,"n":23,"text":"Article 9 requires that procedures for carrying out legally authorized deprivation of liberty should also be established by law and States parties should ensure compliance with their legally prescribed procedures. Article 9 further requires compliance with domestic rules that define the procedure for arrest by identifying the officials authorized to arrest[[fn:66]] or specifying when a warrant is required.[[fn:67]] It also requires compliance with domestic rules that define when authorization to continue detention must be obtained from a judge or other officer,[[fn:68]] where individuals may be detained,[[fn:69]] when the detained person must be brought to court[[fn:70]] and legal limits on the duration of detention.[[fn:71]] It also requires compliance with domestic rules providing important safeguards for detained persons, such as making a record of an arrest[[fn:72]] and permitting access to counsel.[[fn:73]] Violations of domestic procedural rules not related to such issues may not necessarily raise an issue under article 9.[[fn:74]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":66,"text":"1461/2006, 1462/2006, 1476/2006, 1477/2006, Maksudov et al. v. Kyrgyzstan, para. 12.2."},{"n":67,"text":"1110/2002, Rolando v. the Philippines, para. 5.5."},{"n":68,"text":"770/1997, Gridin v. Russian Federation, para. 8.1."},{"n":69,"text":"1449/2006, Umarov v. Uzbekistan, para. 8.4."},{"n":70,"text":"981/2001, Gómez Casafranca v. Peru, para. 7.2."},{"n":71,"text":"2024/2011, Israil v. Kazakhstan, para. 9.2."},{"n":72,"text":"1208/2003, Kurbonov v. Tajikistan, para. 6.5."},{"n":73,"text":"1412/2005, Butovenko v. Ukraine, para. 7.6."},{"n":74,"text":"1425/2005, Marz v. Russian Federation, para. 5.3."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0024","docId":"ccpr-c-gc-35","idx":24,"n":24,"text":"Paragraph 2 of article 9 imposes two requirements for the benefit of persons who are deprived of liberty. First, they shall be informed, at the time of arrest, of the reasons for the arrest. Second, they shall be promptly informed of any charges against them. The first requirement applies broadly to the reasons for any deprivation of liberty. Because “arrest” means the commencement of a deprivation of liberty, that requirement applies regardless of the formality or informality with which the arrest is conducted and regardless of the legitimate or improper reason on which it is based.[[fn:75]] The second, additional requirement applies only to information regarding criminal charges.[[fn:76]] If a person already detained on one criminal charge is also ordered detained to face an unrelated criminal charge, prompt information must be provided regarding the unrelated charge.[[fn:77]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":75,"text":"1460/2006, Yklymova v. Turkmenistan, para. 7.2 (de facto house arrest); 414/1990, Mika Miha v. Equatorial Guinea, para. 6.5 (presidential fiat)."},{"n":76,"text":"See, e.g., Case concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo), I.C.J. Reports 2010, p. 639, para. 77 (citing the Committee’s general comment No. 8)."},{"n":77,"text":"635/1995, Morrison v. Jamaica, paras. 22.2–22.3; 1397/2005, Engo v. Cameroon, para. 7.3."}],"section":["III. Notice of reasons for arrest and any criminal charges"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0025","docId":"ccpr-c-gc-35","idx":25,"n":25,"text":"One major purpose of requiring that all arrested persons be informed of the reasons for the arrest is to enable them to seek release if they believe that the reasons given are invalid or unfounded.[[fn:78]] The reasons must include not only the general legal basis of the arrest, but also enough factual specifics to indicate the substance of the complaint, such as the wrongful act and the identity of an alleged victim.[[fn:79]] The “reasons” concern the official basis for the arrest, not the subjective motivations of the arresting officer.[[fn:80]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":78,"text":"248/1987, Campbell v. Jamaica, para. 6.3."},{"n":79,"text":"1177/2003, Ilombe and Shandwe v. Democratic Republic of the Congo, para. 6.2."},{"n":80,"text":"1812/2008, Levinov v. Belarus, para. 7.5."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0026","docId":"ccpr-c-gc-35","idx":26,"n":26,"text":"Oral notification of reasons for arrest satisfies the requirement. The reasons must be given in a language that the arrested person understands.[[fn:81]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":81,"text":"868/1999, Wilson v. Philippines, paras. 3.3 and 7.5."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0027","docId":"ccpr-c-gc-35","idx":27,"n":27,"text":"That information must be provided immediately upon arrest. However, in exceptional circumstances, such immediate communication may not be possible. For example, a delay may be required before an interpreter can be present, but any such delay must be kept to the absolute minimum necessary.[[fn:82]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":82,"text":"526/1993, Hill and Hill v. Spain, para. 12.2."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0028","docId":"ccpr-c-gc-35","idx":28,"n":28,"text":"For some categories of vulnerable persons, directly informing the person arrested is required but not sufficient. When children are arrested, notice of the arrest and the reasons for it should also be provided directly to their parents, guardians, or legal representatives.[[fn:83]] For certain persons with mental disabilities, notice of the arrest and the reasons should also be provided directly to persons they have designated or appropriate family members. Additional time may be required to identify and contact the relevant third persons, but notice should be given as soon as possible.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":83,"text":"1402/2005, Krasnov v. Kyrgyzstan, para. 8.5; general comment No. 32, para. 42; see Committee on the Rights of the Child, general comment No. 10, para. 48."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0029","docId":"ccpr-c-gc-35","idx":29,"n":29,"text":"The second requirement of paragraph 2 concerns notice of criminal charges. Persons arrested for the purpose of investigating crimes that they may have committed or for the purpose of holding them for criminal trial must be promptly informed of the crimes of which they are suspected or accused. That right applies in connection with ordinary criminal prosecutions and also in connection with military prosecutions or other special regimes directed at criminal punishment.[[fn:84]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":84,"text":"1782/2008, Aboufaied v. Libya, para. 7.6. The requirement of being informed about any charges applies to detention for possible military prosecution, regardless of whether the trial of the detainee by a military court would be prohibited by article 14 of the Covenant. 1640/2007, El Abani v. Algeria, paras. 7.6 and 7.8."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0030","docId":"ccpr-c-gc-35","idx":30,"n":30,"text":"Paragraph 2 requires that the arrested person be informed “promptly” of any charges, not necessarily “at the time of arrest”. If particular charges are already contemplated, the arresting officer may inform the person of both the reasons for the arrest and the charges, or the authorities may explain the legal basis of the detention some hours later. The reasons must be given in a language that the arrested person understands.[[fn:85]] The requirement to give notice of charges under paragraph 2 serves to facilitate the determination of whether the provisional detention is appropriate or not, and therefore paragraph 2 does not require that the arrested person is given as much detail regarding the charges as would be needed later to prepare for trial.[[fn:86]] If the authorities have already informed an individual of the charges being investigated prior to making the arrest, then paragraph 2 does not require prompt repetition of the formal charges so long as they communicate the reasons for the arrest.[[fn:87]] The same considerations as mentioned in paragraph 28 above apply to prompt information concerning any criminal charges when minors or other vulnerable persons are arrested.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":85,"text":"493/1992, Griffin v. Spain, para. 9.2."},{"n":86,"text":"General comment No. 32, para. 31; 702/1996, McLawrence v. Jamaica, para. 5.9."},{"n":87,"text":"712/1996, Smirnova v. Russian Federation, para. 10.3."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0031","docId":"ccpr-c-gc-35","idx":31,"n":31,"text":"The first sentence of paragraph 3 applies to persons “arrested or detained on a criminal charge”, while the second sentence concerns persons “awaiting trial” on a criminal charge. Paragraph 3 applies in connection with ordinary criminal prosecutions, military prosecutions and other special regimes directed at criminal punishment.[[fn:88]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":88,"text":"1782/2008, Aboufaied v. Libya, para. 7.6. Paragraph 3 applies to detention for possible military prosecution, regardless of whether the trial of the detainee by a military court would be prohibited by article 14 of the Covenant. 1813/2008, Akwanga v. Cameroon, paras. 7.4–7.5. In international armed conflict, detailed rules of international humanitarian law regarding the conduct of military prosecutions are also relevant to the interpretation of article 9, paragraph 3, which continues to apply. See paragraph 64 below."}],"section":["IV. Judicial control of detention in connection with criminal charges"]},{"id":"ccpr-c-gc-35-0032","docId":"ccpr-c-gc-35","idx":32,"n":32,"text":"Paragraph 3 requires, firstly, that any person arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power. That requirement applies in all cases without exception and does not depend on the choice or ability of the detainee to assert it.[[fn:89]] The requirement applies even before formal charges have been asserted, so long as the person is arrested or detained on suspicion of criminal activity.[[fn:90]] The right is intended to bring the detention of a person in a criminal investigation or prosecution under judicial control.[[fn:91]] If a person already detained on one criminal charge is also ordered to be detained to face an unrelated criminal charge, the person must be promptly brought before a judge for control of the second detention.[[fn:92]] It is inherent to the proper exercise of judicial power that it be exercised by an authority which is independent, objective and impartial in relation to the issues dealt with.[[fn:93]] Accordingly, a public prosecutor cannot be considered as an officer exercising judicial power under paragraph 3.[[fn:94]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":89,"text":"1787/2008, Kovsh v. Belarus, paras. 7.3–7.5."},{"n":90,"text":"1128/2002, Marques de Morais v. Angola, paras. 6.3–6.4; 1096/2002, Kurbanova v. Tajikistan, para. 7.2."},{"n":91,"text":"1914–1916/2009, Musaev v. Uzbekistan, para. 9.3."},{"n":92,"text":"635/1995, Morrison v. Jamaica, paras. 22.2–22.3; 762/1997, Jensen v. Australia, para. 6.3."},{"n":93,"text":"521/1992, Kulomin v. Hungary, para. 11.3."},{"n":94,"text":"See ibid.; 1547/2007, Torobekov v. Kyrgyzstan, para. 6.2; 1278/2004, Reshetnikov v. Russian Federation, para. 8.2; concluding observations: Tajikistan (CCPR/CO/84/TJK, 2005), para. 12.","isIbid":true,"resolvedText":"521/1992, Kulomin v. Hungary, para. 11.3."}],"section":["IV. Judicial control of detention in connection with criminal charges"]},{"id":"ccpr-c-gc-35-0033","docId":"ccpr-c-gc-35","idx":33,"n":33,"text":"While the exact meaning of “promptly” may vary depending on objective circumstances,[[fn:95]] delays should not exceed a few days from the time of arrest.[[fn:96]] In the view of the Committee, 48 hours is ordinarily sufficient to transport the individual and to prepare for the judicial hearing;[[fn:97]] any delay longer than 48 hours must remain absolutely exceptional and be justified under the circumstances.[[fn:98]] Longer detention in the custody of law enforcement officials without judicial control unnecessarily increases the risk of ill-treatment.[[fn:99]] Laws in most States parties fix precise time limits, sometimes shorter than 48 hours, and those limits should also not be exceeded. An especially strict standard of promptness, such as 24 hours, should apply in the case of juveniles.[[fn:100]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":95,"text":"702/1996, McLawrence v. Jamaica, para. 5.6; 2120/2011, Kovalev v. Belarus, para. 11.3."},{"n":96,"text":"1128/2002, Marques de Morais v. Angola, para. 6.3; 277/1988, Terán Jijón v. Ecuador, para. 5.3 (five days not prompt); 625/1995, Freemantle v. Jamaica, para. 7.4 (four days not prompt)."},{"n":97,"text":"1787/2008, Kovsh v. Belarus, paras. 7.3–7.5."},{"n":98,"text":"Ibid.; see also 336/1988, Fillastre and Bizouarn v. Bolivia, para. 6.4 (budgetary constraints did not justify 10-day delay).","isIbid":true,"resolvedText":"1787/2008, Kovsh v. Belarus, paras. 7.3–7.5."},{"n":99,"text":"See concluding observations: Hungary (CCPR/CO/74/HUN, 2002), para. 8."},{"n":100,"text":"Committee on the Rights of the Child, general comment No. 10, para. 83."}],"section":["IV. Judicial control of detention in connection with criminal charges"]},{"id":"ccpr-c-gc-35-0034","docId":"ccpr-c-gc-35","idx":34,"n":34,"text":"The individual must be brought to appear physically before the judge or other officer authorized by law to exercise judicial power.[[fn:101]] The physical presence of detainees at the hearing gives the opportunity for inquiry into the treatment that they received in custody[[fn:102]] and facilitates immediate transfer to a remand detention centre if continued detention is ordered. It thus serves as a safeguard for the right to security of person and the prohibition against torture and cruel, inhuman or degrading treatment. In the hearing that ensues, and in subsequent hearings at which the judge assesses the legality or necessity of the detention, the individual is entitled to legal assistance, which should in principle be by counsel of choice.[[fn:103]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":101,"text":"289/1988, Wolf v. Panama, para. 6.2; 613/1995, Leehong v. Jamaica, para. 9.5. Regarding the phrase “other officer authorized by law to exercise judicial power,” see paragraph 32 above."},{"n":102,"text":"See Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, approved by the General Assembly in its resolution 43/173, principle 37."},{"n":103,"text":"See concluding observations: Kenya (CCPR/C/KEN/CO/3, 2012), para. 19; see also article 14, paragraph 3 (d); Body of Principles (note 102 above), principle 11.","referencesNote":102}],"section":["IV. Judicial control of detention in connection with criminal charges"]},{"id":"ccpr-c-gc-35-0035","docId":"ccpr-c-gc-35","idx":35,"n":35,"text":"Incommunicado detention that prevents prompt presentation before a judge inherently violates paragraph 3.[[fn:104]] Depending on its duration and other facts, incommunicado detention may also violate other rights under the Covenant, including articles 6, 7, 10 and 14.[[fn:105]] States parties should permit and facilitate access to counsel for detainees in criminal cases from the outset of their detention.[[fn:106]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":104,"text":"1297/2004, Medjnoune v. Algeria, para. 8.7."},{"n":105,"text":"1781/2008, Berzig v. Algeria, paras. 8.4, 8.5 and 8.8; 176/1984, Lafuente Peñarrieta v. Bolivia, para. 16."},{"n":106,"text":"General comment No. 32, paras. 32, 34 and 38; concluding observations: Togo (CCPR/C/TGO/CO/4, 2011), para. 19; paragraph 58 below."}],"section":["IV. Judicial control of detention in connection with criminal charges"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-35-0036","docId":"ccpr-c-gc-35","idx":36,"n":36,"text":"Once the individual has been brought before the judge, the judge must decide whether the individual should be released or remanded in custody for additional investigation or to await trial. If there is no lawful basis for continuing the detention, the judge must order release.[[fn:107]] If additional investigation or trial is justified, the judge must decide whether the individual should be released (with or without conditions) pending further proceedings because detention is not necessary, an issue addressed more fully by the second sentence of paragraph 3. In the view of the Committee, detention on remand should not involve a return to police custody, but rather to a separate facility under different authority, where risks to the rights of the detainee can be more easily mitigated.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":107,"text":"See concluding observations: Tajikistan (CCPR/CO/84/TJK, 2005), para. 12; 647/1995, Pennant v. Jamaica, para. 8.2."}],"section":["IV. Judicial control of detention in connection with criminal charges"]},{"id":"ccpr-c-gc-35-0037","docId":"ccpr-c-gc-35","idx":37,"n":37,"text":"The second requirement expressed in the first sentence of paragraph 3 is that the person detained is entitled to trial within a reasonable time or to release. That requirement applies specifically to periods of pretrial detention, that is, detention between the time of arrest and the time of judgment at first instance.[[fn:108]] Extremely prolonged pretrial detention may also jeopardize the presumption of innocence under article 14, paragraph 2.[[fn:109]] Persons who are not released pending trial must be tried as expeditiously as possible, to the extent consistent with their rights of defence.[[fn:110]] The reasonableness of any delay in bringing the case to trial has to be assessed in the circumstances of each case, taking into account the complexity of the case, the conduct of the accused during the proceeding and the manner in which the matter was dealt with by the executive and judicial authorities.[[fn:111]] Impediments to the completion of the investigation may justify additional time,[[fn:112]] but general conditions of understaffing or budgetary constraint do not.[[fn:113]] When delays become necessary, the judge must reconsider alternatives to pretrial detention.[[fn:114]] Pretrial detention of juveniles should be avoided, but when it occurs they are entitled to be brought to trial in especially speedy fashion under article 10, paragraph 2 (b).[[fn:115]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":108,"text":"1397/2005, Engo v. Cameroon, para. 7.2. On the relationship between article 9, paragraph 3, and article 14, paragraph 3 (c), in that respect, see general comment No. 32, para. 61."},{"n":109,"text":"788/1997, Cagas v. Philippines, para. 7.3."},{"n":110,"text":"General comment No. 32, para. 35; 818/1998, Sextus v. Trinidad and Tobago, para. 7.2."},{"n":111,"text":"1085/2002, Taright v. Algeria, paras. 8.2–8.4; 386/1989, Koné v. Senegal, para. 8.6; see also 677/1996, Teesdale v. Trinidad and Tobago, para. 9.3 (delay of seventeen months violated paragraph 3); 614/1995, Thomas v. Jamaica, para. 9.6 (delay of nearly fourteen months did not violate paragraph 3); general comment No. 32, para. 35 (discussing factors relevant to reasonableness of delay in criminal proceedings)."},{"n":112,"text":"721/1997, Boodoo v. Trinidad and Tobago, para. 6.2."},{"n":113,"text":"336/1988, Fillastre and Bizouarn v. Bolivia, para. 6.5; 818/1998, Sextus v. Trinidad and Tobago, para. 4.2 and 7.2."},{"n":114,"text":"1085/2002, Taright v. Algeria, para. 8.3."},{"n":115,"text":"General comment No. 21, para. 13; see also general comment No. 32, para. 42; Committee on the Rights of the Child, general comment No. 10, para. 83."}],"section":["IV. Judicial control of detention in connection with criminal charges"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"ccpr-c-gc-35-0038","docId":"ccpr-c-gc-35","idx":38,"n":38,"text":"The second sentence of paragraph 3 of article 9 requires that detention in custody of persons awaiting trial shall be the exception rather than the rule. It also specifies that release from such custody may be subject to guarantees of appearance, including appearance for trial, appearance at any other stage of the judicial proceedings and (should occasion arise) appearance for execution of the judgment. That sentence applies to persons awaiting trial on criminal charges, that is, after the defendant has been charged, but a similar requirement prior to charging results from the prohibition of arbitrary detention in paragraph 1.[[fn:116]] It should not be the general practice to subject defendants to pretrial detention. Detention pending trial must be based on an individualized determination that it is reasonable and necessary taking into account all the circumstances, for such purposes as to prevent flight, interference with evidence or the recurrence of crime.[[fn:117]] The relevant factors should be specified in law and should not include vague and expansive standards such as “public security”.[[fn:118]] Pretrial detention should not be mandatory for all defendants charged with a particular crime, without regard to individual circumstances.[[fn:119]] Neither should pretrial detention be ordered for a period based on the potential sentence for the crime charged, rather than on a determination of necessity. Courts must examine whether alternatives to pretrial detention, such as bail, electronic bracelets or other conditions, would render detention unnecessary in the particular case.[[fn:120]] If the defendant is a foreigner, that fact must not be treated as sufficient to establish that the defendant may flee the jurisdiction.[[fn:121]] After an initial determination has been made that pretrial detention is necessary, there should be periodic re-examination of whether it continues to be reasonable and necessary in the light of possible alternatives.[[fn:122]] If the length of time that the defendant has been detained reaches the length of the longest sentence that could be imposed for the crimes charged, the defendant should be released. Pretrial detention of juveniles should be avoided to the fullest extent possible.[[fn:123]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":116,"text":"1128/2002, Marques de Morais v. Angola, paras. 6.1 and 6.4."},{"n":117,"text":"1502/2006, Marinich v. Belarus, para. 10.4; 1940/2010, Cedeño v. Bolivarian Republic of Venezuela, para. 7.10; 1547/2007, Torobekov v. Kyrgyzstan, para. 6.3."},{"n":118,"text":"See concluding observations: Bosnia and Herzegovina (CCPR/C/BIH/CO/1, 2006), para. 18."},{"n":119,"text":"See concluding observations: Argentina (CCPR/CO/70/ARG, 2000), para. 10; Sri Lanka (CCPR/CO/79/LKA, 2003), para. 13."},{"n":120,"text":"1178/2003, Smantser v. Belarus, para. 10.3."},{"n":121,"text":"526/1993, Hill and Hill v. Spain, para. 12.3."},{"n":122,"text":"1085/2002, Taright v. Algeria, paras. 8.3–8.4."},{"n":123,"text":"General comment No. 32, para. 42; see Committee on the Rights of the Child, general comment No. 10, para. 80."}],"section":["IV. Judicial control of detention in connection with criminal charges"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0039","docId":"ccpr-c-gc-35","idx":39,"n":39,"text":"Paragraph 4 of article 9 entitles anyone who is deprived of liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of the detention and order release if the detention is not lawful. It enshrines the principle of habeas corpus.[[fn:124]] Review of the factual basis of the detention may, in appropriate circumstances, be limited to review of the reasonableness of a prior determination.[[fn:125]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":124,"text":"1342/2005, Gavrilin v. Belarus, para. 7.4."},{"n":125,"text":"1051/2002, Ahani v. Canada, para. 10.2; 754/1997, A. v. New Zealand, para. 7.3."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0040","docId":"ccpr-c-gc-35","idx":40,"n":40,"text":"The right applies to all detention by official action or pursuant to official authorization, including detention in connection with criminal proceedings, military detention, security detention, counter-terrorism detention, involuntary hospitalization, immigration detention, detention for extradition and wholly groundless arrests.[[fn:126]] It also applies to detention for vagrancy or drug addiction, detention for educational purposes of children in conflict with the law[[fn:127]] and other forms of administrative detention.[[fn:128]] Detention within the meaning of paragraph 4 also includes house arrest and solitary confinement.[[fn:129]] When a prisoner is serving the minimum duration of a prison sentence as decided by a court of law after a conviction, either as a sentence for a fixed period of time or as the fixed portion of a potentially longer sentence, paragraph 4 does not require subsequent review of the detention.[[fn:130]]","labels":["Children","Persons in street situations","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":126,"text":"248/1987, Campbell v. Jamaica, para. 6.4; 962/2001, Mulezi v. Democratic Republic of the Congo, para. 5.2; 1051/2002, Ahani v. Canada, para. 10.2; 1061/2002, Fijalkowska v. Poland, para. 8.4; 291/1988, Torres v. Finland, para. 7.4; 414/1990, Mika Miha v. Equatorial Guinea, para. 6.5."},{"n":127,"text":"265/1987, Vuolanne v. Finland, para. 9.5; see concluding observations: Rwanda (CCPR/C/RWA/CO/3, 2009), para. 16 (recommending abolition of detention for vagrancy)."},{"n":128,"text":"See concluding observations: Republic of Moldova (CCPR/CO/75/MDA, 2002), para. 11."},{"n":129,"text":"1172/2003, Madani v. Algeria, para. 8.5; 265/1987, Vuolanne v. Finland, para. 9.5."},{"n":130,"text":"954/2000, Minogue v. Australia, para. 6.4; 1342/2005, Gavrilin v. Belarus, para. 7.4. Article 14, paragraph 5, however, guarantees criminal defendants the right to a single appeal from an initial conviction to a higher court (general comment No. 32, para. 45)."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0041","docId":"ccpr-c-gc-35","idx":41,"n":41,"text":"The object of the right is release (either unconditional or conditional)[[fn:131]] from ongoing unlawful detention; compensation for unlawful detention that has already ended is addressed in paragraph 5. Paragraph 4 requires that the reviewing court must have the power to order release from the unlawful detention.[[fn:132]] When a judicial order of release under paragraph 4 becomes operative (exécutoire), it must be complied with immediately, and continued detention would be arbitrary in violation of article 9, paragraph 1.[[fn:133]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":131,"text":"473/1991, Barroso v. Panama, paras. 2.4 and 8.2 (habeas corpus for bail)."},{"n":132,"text":"1324/2004, Shafiq v. Australia, para. 7.4."},{"n":133,"text":"856/1999, Chambala v. Zambia, para. 7.2."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0042","docId":"ccpr-c-gc-35","idx":42,"n":42,"text":"The right to bring proceedings applies in principle from the moment of arrest and any substantial waiting period before a detainee can bring a first challenge to detention is impermissible.[[fn:134]] In general, the detainee has the right to appear in person before the court, especially where such presence would serve the inquiry into the lawfulness of detention or where questions regarding ill-treatment of the detainee arise.[[fn:135]] The court must have the power to order the detainee brought before it, regardless of whether the detainee has asked to appear.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":134,"text":"291/1988, Torres v. Finland, para. 7.2 (seven days)."},{"n":135,"text":"See Body of Principles (note 102 above), principle 32, para. 2; general comment No. 29, para. 16.","referencesNote":102}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0043","docId":"ccpr-c-gc-35","idx":43,"n":43,"text":"Unlawful detention includes detention that was lawful at its inception but has become unlawful because the individual has completed serving a sentence of imprisonment or the circumstances that justify the detention have changed.[[fn:136]] After a court has held that the circumstances justify the detention, an appropriate period of time may pass, depending on the nature of the relevant circumstances, before the individual is entitled to take proceedings again on similar grounds.[[fn:137]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":136,"text":"1090/2002, Rameka v. New Zealand, paras. 7.3–7.4."},{"n":137,"text":"Ibid. (annual review of post-conviction preventive detention); 754/1997, A. v. New Zealand, para. 7.3 (regular review of hospitalization); 291/1988, Torres v. Finland, para. 7.4 (review every two weeks of detention for extradition).","isIbid":true,"resolvedText":"1090/2002, Rameka v. New Zealand, paras. 7.3–7.4."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0044","docId":"ccpr-c-gc-35","idx":44,"n":44,"text":"“Unlawful” detention includes both detention that violates domestic law and detention that is incompatible with the requirements of article 9, paragraph 1, or with any other relevant provision of the Covenant.[[fn:138]] While domestic legal systems may establish differing methods for ensuring court review of detention, paragraph 4 requires that there be a judicial remedy for any detention that is unlawful on one of those grounds.[[fn:139]] For example, the power of a family court to order release of a child from detention that is not in the child’s best interests may satisfy the requirements of paragraph 4 in relevant cases.[[fn:140]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":138,"text":"1255,1256,1259,1260,1266,1268,1270,1288/2004, Shams et al. v. Australia, para. 7.3."},{"n":139,"text":"Ibid.","isIbid":true,"resolvedText":"1255,1256,1259,1260,1266,1268,1270,1288/2004, Shams et al. v. Australia, para. 7.3."},{"n":140,"text":"1069/2002, Bakhtiyari v. Australia, para. 9.5."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0045","docId":"ccpr-c-gc-35","idx":45,"n":45,"text":"Paragraph 4 entitles the individual to take proceedings before “a court,” which should ordinarily be a court within the judiciary. Exceptionally, for some forms of detention, legislation may provide for proceedings before a specialized tribunal, which must be established by law and must either be independent of the executive and legislative branches or enjoy judicial independence in deciding legal matters in proceedings that are judicial in nature.[[fn:141]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":141,"text":"1090/2002, Rameka v. New Zealand, para. 7.4 (discussing ability of Parole Board to act in judicial fashion as a court); 291/1988, Torres v. Finland, para. 7.2 (finding review by the Minister of the Interior insufficient); 265/1987, Vuolanne v. Finland, para. 9.6 (finding review by a superior military officer insufficient); general comment No. 32, paras. 18–22."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0046","docId":"ccpr-c-gc-35","idx":46,"n":46,"text":"Paragraph 4 leaves the option of taking proceedings to the persons being detained or those acting on their behalf; unlike paragraph 3, it does not require automatic initiation of review by the authorities detaining an individual.[[fn:142]] Laws that exclude a particular category of detainees from the review required by paragraph 4 violate the Covenant.[[fn:143]] Practices that render such review effectively unavailable to an individual, including incommunicado detention, also amount to a violation.[[fn:144]] To facilitate effective review, detainees should be afforded prompt and regular access to counsel. Detainees should be informed, in a language they understand, of their right to take proceedings for a decision on the lawfulness of their detention.[[fn:145]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":142,"text":"373/1989, Stephens v. Jamaica, para. 9.7."},{"n":143,"text":"R.1/4, Torres Ramírez v. Uruguay, para. 18; 1449/2006, Umarov v. Uzbekistan, para. 8.6."},{"n":144,"text":"R.1/5, Hernández Valentini de Bazzano et al. v. Uruguay, para. 10; 1751/2008, Aboussedra v. Libyan Arab Jamahiriya, para. 7.6; 1061/2002, Fijalkowska v. Poland, para. 8.4 (State’s failures frustrated the ability of a patient to challenge involuntary committal)."},{"n":145,"text":"See Body of Principles (note 102 above), principles 13–14.","referencesNote":102}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0047","docId":"ccpr-c-gc-35","idx":47,"n":47,"text":"Persons deprived of liberty are entitled not merely to take proceedings, but to receive a decision, and without delay. The refusal by a competent court to take a decision on a petition for the release of a detained person violates paragraph 4.[[fn:146]] The adjudication of the case should take place as expeditiously as possible.[[fn:147]] Delays attributable to the petitioner do not count as judicial delay.[[fn:148]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":146,"text":"1128/2002, Marques de Morais v. Angola, para. 6.5."},{"n":147,"text":"291/1988, Torres v. Finland, para. 7.3."},{"n":148,"text":"1051/2002, Ahani v. Canada, para. 10.3."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0048","docId":"ccpr-c-gc-35","idx":48,"n":48,"text":"The Covenant does not require that a court decision upholding the lawfulness of detention be subject to appeal. If a State party does provide for appeal or further instances, the delay may reflect the changing nature of the proceeding and in any event must not be excessive.[[fn:149]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":149,"text":"1752/2008, J.S. v. New Zealand, paras. 6.3–6.4 (finding periods of eight days at first instance, three weeks at second instance, and two months at third instance satisfactory in context)."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0049","docId":"ccpr-c-gc-35","idx":49,"n":49,"text":"Paragraph 5 of article 9 of the Covenant provides that anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. Like paragraph 4, paragraph 5 articulates a specific example of an effective remedy for human rights violations, which States parties are required to afford. Those specific remedies do not replace, but are included alongside, the other remedies that may be required in a particular situation for a victim of unlawful or arbitrary arrest or detention by article 2, paragraph 3, of the Covenant.[[fn:150]] Whereas paragraph 4 provides a swift remedy for release from ongoing unlawful detention, paragraph 5 clarifies that victims of unlawful arrest or detention are also entitled to financial compensation.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":150,"text":"General comment No. 31, paras. 16 and 18; 238/1987, Bolaños v. Ecuador, para. 10; 962/2001, Mulezi v. Democratic Republic of the Congo, para. 7."}],"section":["VI. The right to compensation for unlawful or arbitrary arrest or detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-gc-35-0050","docId":"ccpr-c-gc-35","idx":50,"n":50,"text":"Paragraph 5 obliges States parties to establish the legal framework within which compensation can be afforded to victims, as a matter of enforceable right and not as a matter of grace or discretion. The remedy must not exist merely in theory, but must operate effectively and payment must be made within a reasonable period of time. Paragraph 5 does not specify the precise form of procedure, which may include remedies against the State itself or against individual State officials responsible for the violation, so long as they are effective.[[fn:151]] Paragraph 5 does not require that a single procedure be established providing compensation for all forms of unlawful arrest, but only that an effective system of procedures exist that provides compensation in all the cases covered by paragraph 5. Paragraph 5 does not oblige States parties to compensate victims sua sponte, but rather permits them to leave commencement of proceedings for compensation to the initiative of the victim.[[fn:152]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":151,"text":"See concluding observations: Cameroon (CCPR/C/CMR/CO/4, 2010), para. 19; Guyana (CCPR/C/79/Add.121, 2000), para. 15; United States of America (A/50/40, 1995), para. 299; Argentina (A/50/40, 1995), para. 153; 1885/2009, Horvath v. Australia, para. 8.7 (discussing effectiveness of remedy); 1432/2005, Gunaratna v. Sri Lanka, para. 7.4; general comment No. 32, para. 52 (requirement of compensation for wrongful convictions)."},{"n":152,"text":"414/1990, Mika Miha v. Equatorial Guinea, para. 6.5; 962/2001, Mulezi v. Democratic Republic of the Congo, para. 5.2."}],"section":["VI. The right to compensation for unlawful or arbitrary arrest or detention"]},{"id":"ccpr-c-gc-35-0051","docId":"ccpr-c-gc-35","idx":51,"n":51,"text":"Unlawful arrest and detention within the meaning of paragraph 5 include such arrest and detention arising within either criminal or non-criminal proceedings, or in the absence of any proceedings at all.[[fn:153]] The “unlawful” character of the arrest or detention may result from violation of domestic law or violation of the Covenant itself, such as substantively arbitrary detention and detention that violates procedural requirements of other paragraphs of article 9.[[fn:154]] However, the fact that a criminal defendant was ultimately acquitted, at first instance or on appeal, does not in and of itself render any preceding detention “unlawful”.[[fn:155]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":153,"text":"754/1997, A. v. New Zealand, paras. 6.7 and 7.4; 188/1984, Martínez Portorreal v. Dominican Republic, para. 11; 962/2001, Mulezi v. Democratic Republic of the Congo, para. 5.2."},{"n":154,"text":"1128/2002, Marques de Morais v. Angola, para. 6.6; see also 328/1988, Zelaya Blanco v. Nicaragua, para. 10.3 (arbitrary detention); 728/1996, Sahadeo v. Guyana, para. 11 (violation of article 9, para. 3); R.2/9, Santullo Valcada v. Uruguay, para. 12 (violation of art. 9, para. 4)."},{"n":155,"text":"432/1990, W.B.E. v. Netherlands, para. 6.5; 963/2001, Uebergang v. Australia, para. 4.4."}],"section":["VI. The right to compensation for unlawful or arbitrary arrest or detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0052","docId":"ccpr-c-gc-35","idx":52,"n":52,"text":"The financial compensation required by paragraph 5 relates specifically to the pecuniary and non-pecuniary harm resulting from the unlawful arrest or detention.[[fn:156]] When the unlawfulness of the arrest arises from the violation of other human rights, such as freedom of expression, the State party may have further obligations to provide compensation or other reparation in relation to those other violations, as required by article 2, paragraph 3, of the Covenant.[[fn:157]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":156,"text":"1157/2003, Coleman v. Australia, para. 6.3."},{"n":157,"text":"Ibid., para. 9; 1128/2002, Marques de Morais v. Angola, para. 8; general comment No. 31, para. 16.","isIbid":true,"resolvedText":"1157/2003, Coleman v. Australia, para. 6.3."}],"section":["VI. The right to compensation for unlawful or arbitrary arrest or detention"],"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-gc-35-0053","docId":"ccpr-c-gc-35","idx":53,"n":53,"text":"The procedural and substantive guarantees of article 9 both overlap and interact with other guarantees of the Covenant. Some forms of conduct amount independently to a violation of article 9 and another article, such as delays in bringing a detained criminal defendant to trial, which may violate both paragraph 3 of article 9 and paragraph 3 (c) of article 14. At times the content of article 9, paragraph 1, is informed by the content of other articles; for example, detention may be arbitrary by virtue of the fact that it represents punishment for freedom of expression, in violation of article 19.[[fn:158]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":158,"text":"See also paragraph 17 above."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-35-0054","docId":"ccpr-c-gc-35","idx":54,"n":54,"text":"Article 9 also reinforces the obligations of States parties under the Covenant and the Optional Protocol to protect individuals against reprisals for having cooperated or communicated with the Committee, such as physical intimidation or threats to personal liberty.[[fn:159]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":159,"text":"General comment No. 33, para. 4; 241 and 242/1987, Birindwa ci Birhashwirwa and Tshisekedi wa Mulumba v. Zaire, para. 12.5; see concluding observations: Maldives (CCPR/C/MDV/CO/1, 2012), para. 26."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"article":"9","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'Article 9 also reinforces the obligations of States parties under the Covenant and the Optional Protocol to protect individuals against reprisals' — ICCPR art.9 (liberty and security of person); Optional Protocol is referenced as a procedural instrument, not the source of art.9."}]},{"id":"ccpr-c-gc-35-0055","docId":"ccpr-c-gc-35","idx":55,"n":55,"text":"The right to life guaranteed by article 6 of the Covenant, including the right to protection of life under article 6, paragraph 1, may overlap with the right to security of person guaranteed by article 9, paragraph 1. The right to personal security may be considered broader to the extent that it also addresses injuries that are not life-threatening. Extreme forms of arbitrary detention that are themselves life-threatening violate the rights to personal liberty and personal security as well as the right to protection of life, in particular enforced disappearances.[[fn:160]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":160,"text":"449/1991, Mojica v. Dominican Republic, para. 5.4; 1753/2008, Guezout et al. v. Algeria, paras. 8.4 and 8.7."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0056","docId":"ccpr-c-gc-35","idx":56,"n":56,"text":"Arbitrary detention creates risks of torture and ill-treatment, and several of the procedural guarantees in article 9 serve to reduce the likelihood of such risks. Prolonged incommunicado detention violates article 9 and would generally be regarded as a violation of article 7.[[fn:161]] The right to personal security protects interests in bodily and mental integrity that are also protected by article 7.[[fn:162]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":161,"text":"1782/2008, Aboufaied v. Libya, paras. 7.4 and 7.6; 440/1990, El-Megreisi v. Libyan Arab Jamahiriya, para. 5.4."},{"n":162,"text":"General comment No. 20, para. 2."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-35-0057","docId":"ccpr-c-gc-35","idx":57,"n":57,"text":"Returning an individual to a country where there are substantial grounds for believing that the individual faces a real risk of a severe violation of liberty or security of person such as prolonged arbitrary detention may amount to inhuman treatment prohibited by article 7 of the Covenant.[[fn:163]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":163,"text":"General comment No. 31, para. 12."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-35-0058","docId":"ccpr-c-gc-35","idx":58,"n":58,"text":"Several safeguards that are essential for the prevention of torture are also necessary for the protection of persons in any form of detention against arbitrary detention and infringement of personal security.[[fn:164]] The following examples are non-exhaustive. Detainees should be held only in facilities officially acknowledged as places of detention. A centralized official register should be kept of the names and places of detention, and times of arrival and departure, as well as of the names of persons responsible for their detention, and made readily available and accessible to those concerned, including relatives.[[fn:165]] Prompt and regular access should be given to independent medical personnel and lawyers and, under appropriate supervision when the legitimate purpose of the detention so requires, to family members.[[fn:166]] Detainees should be promptly informed of their rights, in a language they understand;[[fn:167]] providing information leaflets in the appropriate language, including in Braille, may often assist the detainee in retaining the information. Detained foreign nationals should be informed of their right to communicate with their consular authorities, or, in the case of asylum seekers, with the Office of the United Nations High Commissioner for Refugees.[[fn:168]] Independent and impartial mechanisms should be established for visiting and inspecting all places of detention, including mental-health institutions.","labels":["Refugees & asylum-seekers","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":164,"text":"General comment No. 20, para. 11; Committee against Torture, general comment No. 2, para. 13."},{"n":165,"text":"See concluding observations: Algeria (CCPR/C/DZA/CO/3, 2007), para. 11."},{"n":166,"text":"See Body of Principles (note 102 above), principles 17–19 and 24; Committee on the Rights of the Child, general comment No. 10, para. 87.","referencesNote":102},{"n":167,"text":"See Body of Principles (note 102 above), principles 13–14; United Nations Rules for the Protection of Juveniles Deprived of their Liberty, paras. 24–25, adopted by the General Assembly in its resolution 45/113 (regarding explanation of rights to detained juveniles).","referencesNote":102},{"n":168,"text":"See Body of Principles (note 102 above), principle 16, para. 2.","referencesNote":102}],"section":["VII. Relationship of article 9 with other articles of the Covenant"]},{"id":"ccpr-c-gc-35-0059","docId":"ccpr-c-gc-35","idx":59,"n":59,"text":"Article 10 of the Covenant, which addresses conditions of detention for persons deprived of liberty, complements article 9, which primarily addresses the fact of detention. At the same time, the right to personal security in article 9, paragraph 1, is relevant to the treatment of both detained and non-detained persons. The appropriateness of the conditions prevailing in detention to the purpose of detention is sometimes a factor in determining whether detention is arbitrary within the meaning of article 9.[[fn:169]] Certain conditions of detention (such as denial of access to counsel and family) may result in procedural violations of paragraphs 3 and 4 of article 9. Article 10, paragraph 2 (b), reinforces for juveniles the requirement in article 9, paragraph 3, that pretrial detainees be brought to trial expeditiously.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":169,"text":"See paragraphs 14, 18 and 21 above."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0060","docId":"ccpr-c-gc-35","idx":60,"n":60,"text":"The liberty of movement protected by article 12 of the Covenant and the liberty of person protected by article 9 complement each other. Detention is a particularly severe form of restriction of liberty of movement, but in some circumstances both articles may come into play together.[[fn:170]] Detention in the course of transporting a migrant involuntarily, is often used as a means of enforcing restrictions on freedom of movement. Article 9 addresses such uses of detention in the implementation of expulsion, deportation or extradition.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":170,"text":"General comment No. 27, para. 7; 1134/2002, Gorji-Dinka v. Cameroon, para. 5.4–5.5 (house arrest); 138/1983, Mpandanjila et al. v. Zaire, paras. 8 and 10."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0061","docId":"ccpr-c-gc-35","idx":61,"n":61,"text":"The relationship between article 9 and article 14 of the Covenant, regarding civil and criminal trials, has already been illustrated.[[fn:171]] Article 9 addresses deprivation of liberty, only some instances of which take place in connection with civil or criminal proceedings within the scope of article 14. The procedural requirements of paragraphs 2 to 5 of article 9 apply in connection with proceedings falling within the scope of article 14 only when actual arrest or detention occurs.[[fn:172]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":171,"text":"See paragraphs 38 and 53 above."},{"n":172,"text":"263/1987, González del Río v. Peru, para. 5.1; 1758/2008, Jessop v. New Zealand, paras. 7.9–7.10."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-35-0062","docId":"ccpr-c-gc-35","idx":62,"n":62,"text":"Article 24, paragraph 1, of the Covenant entitles every child “to such measures of protection as are required by his status as a minor, on the part of his family, society and the State”. That article entails the adoption of special measures to protect the personal liberty and security of every child, in addition to the measures generally required by article 9 for everyone. A child may be deprived of liberty only as a last resort and for the shortest appropriate period of time.[[fn:174]] In addition to the other requirements applicable to each category of deprivation of liberty, the best interests of the child must be a primary consideration in every decision to initiate or continue the deprivation.[[fn:175]] The Committee acknowledges that sometimes a particular deprivation of liberty would itself be in the best interests of the child. Placement of a child in institutional care amounts to a deprivation of liberty within the meaning of article 9.[[fn:176]] A decision to deprive a child of liberty must be subject to periodic review of its continuing necessity and appropriateness.[[fn:177]] The child has a right to be heard, directly or through legal or other appropriate assistance, in relation to any decision regarding a deprivation of liberty, and the procedures employed should be child-appropriate.[[fn:178]] The right to release from unlawful detention may result in return to the child’s family or placement in an alternative form of care that accords with the child’s best interests, rather than simple release into the child’s own custody.[[fn:179]]","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":174,"text":"See concluding observations: Czech Republic (CCPR/C/CZE/CO/3, 2013), para. 17; Convention on the Rights of the Child, art. 37 (b)."},{"n":175,"text":"1069/2002, Bakhtiyari v. Australia, para. 9.7; see Convention on the Rights of the Child, art. 3, para. 1."},{"n":176,"text":"See Committee on the Rights of the Child, general comment No. 10, para. 11; United Nations Rules for the Protection of Juveniles Deprived of their Liberty, para. 11 (b). In contrast, normal supervision of children by parents or family may involve a degree of control over movement, especially of younger children, that would be inappropriate for adults, but that does not constitute a deprivation of liberty; neither do the ordinary requirements of daily school attendance constitute a deprivation of liberty."},{"n":177,"text":"See paragraph 12 above; Convention on the Rights of the Child, arts. 37 (d) and 25."},{"n":178,"text":"General comment No. 32, paras. 42–44; Committee on the Rights of the Child, general comment No. 12, paras. 32–37."},{"n":179,"text":"UNHCR, Detention Guidelines (note 45 above), para. 54 (“Where possible [unaccompanied or separated children] should be released into the care of family members who already have residency within the asylum country. Where this is not possible, alternative care arrangements, such as foster placement or residential homes, should be made by the competent child care authorities, ensuring that the child receives appropriate supervision”).","referencesNote":45}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0063","docId":"ccpr-c-gc-35","idx":63,"n":63,"text":"In the light of article 2, paragraph 1, of the Covenant, States parties have an obligation to respect and to ensure the rights under article 9 to all persons who may be within their territory and to all persons subject to their jurisdiction.[[fn:180]] Given that arrest and detention bring a person within a State’s effective control, States parties must not arbitrarily or unlawfully arrest or detain individuals outside their territory.[[fn:181]] States parties must not subject persons outside their territory to, inter alia, prolonged incommunicado detention or deprive them of review of the lawfulness of their detention.[[fn:182]] The extraterritorial location of an arrest may be a circumstance relevant to an evaluation of promptness under paragraph 3.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":180,"text":"General comment No. 31, para. 10."},{"n":181,"text":"See ibid.; 52/1979, Saldías de López v. Uruguay, paras. 12.1–13; R.13/56, Celiberti de Casariego v. Uruguay, para. 10.1–11; 623,624,626,627/1995, Domukovsky et al. v. Georgia, para. 18.2.","isIbid":true,"resolvedText":"General comment No. 31, para. 10."},{"n":182,"text":"See concluding observations: United States of America (CCPR/C/USA/CO/3, 2006), paras. 12 and 18."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0064","docId":"ccpr-c-gc-35","idx":64,"n":64,"text":"With regard to article 4 of the Covenant, the Committee first observes that, like the rest of the Covenant, article 9 applies also in situations of armed conflict to which the rules of international humanitarian law are applicable.[[fn:183]] While rules of international humanitarian law may be relevant for the purposes of the interpretation of article 9, both spheres of law are complementary, not mutually exclusive.[[fn:184]] Security detention authorized and regulated by and complying with international humanitarian law in principle is not arbitrary. In conflict situations, access by the International Committee of the Red Cross to all places of detention becomes an essential additional safeguard for the rights to liberty and security of person.","labels":["Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":183,"text":"General comments No. 31, para. 11, and No. 29, para. 3."},{"n":184,"text":"General comments No. 31, para. 11, and No. 29, paras. 3, 12 and 16."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0065","docId":"ccpr-c-gc-35","idx":65,"n":65,"text":"Article 9 is not included in the list of non-derogable rights of article 4, paragraph 2, of the Covenant, but there are limits on States parties’ power to derogate. States parties derogating from normal procedures required under article 9 in circumstances of armed conflict or other public emergency must ensure that such derogations do not exceed those strictly required by the exigencies of the actual situation.[[fn:185]] Derogating measures must also be consistent with a State party’s other obligations under international law, including provisions of international humanitarian law relating to deprivation of liberty, and non-discriminatory.[[fn:186]] The prohibitions against taking of hostages, abductions or unacknowledged detention are therefore not subject to derogation.[[fn:187]]","labels":["Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":185,"text":"General comment No. 29, paras. 4–5. When the emergency justifying measures of derogation arises from the participation of State party’s armed forces in a peacekeeping mission abroad, the geographic and material scope of the derogating measures must be limited to the exigencies of the peacekeeping mission."},{"n":186,"text":"General comment No. 29, paras. 8–9."},{"n":187,"text":"Ibid., para. 13 (b).","isIbid":true,"resolvedText":"General comment No. 29, paras. 8–9."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0066","docId":"ccpr-c-gc-35","idx":66,"n":66,"text":"There are other elements in article 9 that in the Committee’s opinion cannot be made subject to lawful derogation under article 4. The fundamental guarantee against arbitrary detention is non-derogable, insofar as even situations covered by article 4 cannot justify a deprivation of liberty that is unreasonable or unnecessary under the circumstances.[[fn:188]] The existence and nature of a public emergency which threatens the life of the nation may, however, be relevant to a determination of whether a particular arrest or detention is arbitrary. Valid derogations from other derogable rights may also be relevant when a deprivation of liberty is characterized as arbitrary because of its interference with another right protected by the Covenant. During international armed conflict, substantive and procedural rules of international humanitarian law remain applicable and limit the ability to derogate, thereby helping to mitigate the risk of arbitrary detention.[[fn:189]] Outside that context, the requirements of strict necessity and proportionality constrain any derogating measures involving security detention, which must be limited in duration and accompanied by procedures to prevent arbitrary application, as explained in paragraph 15 above,[[fn:190]] including review by a court within the meaning of paragraph 45 above.[[fn:191]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":188,"text":"Ibid., paras. 4 and 11.","isIbid":true,"resolvedText":"General comment No. 29, paras. 8–9."},{"n":189,"text":"Ibid., para. 3.","isIbid":true,"resolvedText":"General comment No. 29, paras. 8–9."},{"n":190,"text":"Ibid., paras. 4, 11 and 15.","isIbid":true,"resolvedText":"General comment No. 29, paras. 8–9."},{"n":191,"text":"Ibid., para. 16; paragraph 67 below.","isIbid":true,"resolvedText":"General comment No. 29, paras. 8–9."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-gc-35-0067","docId":"ccpr-c-gc-35","idx":67,"n":67,"text":"The procedural guarantees protecting liberty of person may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights.[[fn:192]] In order to protect non-derogable rights, including those in articles 6 and 7, the right to take proceedings before a court to enable the court to decide without delay on the lawfulness of detention must not be diminished by measures of derogation.[[fn:193]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":192,"text":"General comment No. 32, para. 6."},{"n":193,"text":"General comment No. 29, para. 16."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-35-0068","docId":"ccpr-c-gc-35","idx":68,"n":68,"text":"While reservations to certain clauses of article 9 may be acceptable, it would be incompatible with the object and purpose of the Covenant for a State party to reserve the right to engage in arbitrary arrest and detention of persons.[[fn:194]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":194,"text":"General comment No. 24, para. 8."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-36-0001","docId":"ccpr-c-gc-36","idx":1,"n":1,"text":"1. This general comment replaces general comments No. 6, adopted by the Committee at its sixteenth session (1982), and No. 14, adopted by the Committee at its twenty-third session (1984).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["I. General remarks"]},{"id":"ccpr-c-gc-36-0002","docId":"ccpr-c-gc-36","idx":2,"n":2,"text":"2. Article 6 of the International Covenant on Civil and Political Rights recognizes and protects the right to life of all human beings. The right to life is the supreme right from which no derogation is permitted, even in situations of armed conflict and other public emergencies that threaten the life of the nation. The right to life has crucial importance both for individuals and for society as a whole. It is most precious for its own sake as a right that inheres in every human being, but it also constitutes a fundamental right, the effective protection of which is the prerequisite for the enjoyment of all other human rights and the content of which can be informed by other human rights.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0003","docId":"ccpr-c-gc-36","idx":3,"n":3,"text":"3. The right to life is a right that should not be interpreted narrowly. It concerns the entitlement of individuals to be free from acts and omissions that are intended or may be expected to cause their unnatural or premature death, as well as to enjoy a life with dignity. Article 6 of the Covenant guarantees this right for all human beings, without distinction of any kind, including for persons suspected or convicted of even the most serious crimes.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0004","docId":"ccpr-c-gc-36","idx":4,"n":4,"text":"4. Paragraph 1 of article 6 of the Covenant provides that no one shall be arbitrarily deprived of life and that this right shall be protected by law. It lays the foundation for the obligation of States parties to respect and ensure the right to life, to give effect to it through legislative and other measures, and to provide effective remedies and reparation to all victims of violations of the right to life.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0005","docId":"ccpr-c-gc-36","idx":5,"n":5,"text":"5. Paragraphs 2, 4, 5 and 6 of article 6 of the Covenant set out specific safeguards to ensure that in States parties that have not yet abolished the death penalty, death sentences are not applied except for the most serious crimes, and then only in the most exceptional cases and under the strictest limits (see part IV below). The prohibition on arbitrary deprivation of life contained in article 6 (1) further limits the ability of States parties to apply the death penalty. The provisions in paragraph 3 regulate specifically the relationship between article 6 of the Covenant and the Convention on the Prevention and Punishment of the Crime of Genocide.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0006","docId":"ccpr-c-gc-36","idx":6,"n":6,"text":"6. Deprivation of life involves intentional or otherwise foreseeable and preventable life-terminating harm or injury, caused by an act or omission. It goes beyond injury to bodily or mental integrity or a threat thereto.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["I. General remarks"]},{"id":"ccpr-c-gc-36-0007","docId":"ccpr-c-gc-36","idx":7,"n":7,"text":"7. States parties must respect the right to life. This entails the duty to refrain from engaging in conduct resulting in arbitrary deprivation of life. States parties must also ensure the right to life and exercise due diligence to protect the lives of individuals against deprivations caused by persons or entities whose conduct is not attributable to the State. The obligation of States parties to respect and ensure the right to life extends to reasonably foreseeable threats and life-threatening situations that can result in loss of life. States parties may be in violation of article 6 even if such threats and situations do not result in loss of life.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0008","docId":"ccpr-c-gc-36","idx":8,"n":8,"text":"8. Although States parties may adopt measures designed to regulate voluntary termination of pregnancy, those measures must not result in violation of the right to life of a pregnant woman or girl, or her other rights under the Covenant. Thus, restrictions on the ability of women or girls to seek abortion must not, inter alia, jeopardize their lives, subject them to physical or mental pain or suffering that violates article 7 of the Covenant, discriminate against them or arbitrarily interfere with their privacy. States parties must provide safe, legal and effective access to abortion where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or where the pregnancy is not viable. In addition, States parties may not regulate pregnancy or abortion in all other cases in a manner that runs contrary to their duty to ensure that women and girls do not have to resort to unsafe abortions, and they should revise their abortion laws accordingly. For example, they should not take measures such as criminalizing pregnancy of unmarried women or applying criminal sanctions to women and girls who undergo abortion or to medical service providers who assist them in doing so, since taking such measures compels women and girls to resort to unsafe abortion. States parties should remove existing barriers to effective access by women and girls to safe and legal abortion, including barriers caused as a result of the exercise of conscientious objection by individual medical providers, and should not introduce new barriers. States parties should also effectively protect the lives of women and girls against the mental and physical health risks associated with unsafe abortions. In particular, they should ensure access for women and men, and especially girls and boys, to quality and evidence-based information and education on sexual and reproductive health and to a wide range of affordable contraceptive methods, and prevent the stigmatization of women and girls who seek abortion. States parties should ensure the availability of, and effective access to, quality prenatal and post-abortion health care for women and girls, in all circumstances and on a confidential basis.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-36-0009","docId":"ccpr-c-gc-36","idx":9,"n":9,"text":"9. While acknowledging the central importance to human dignity of personal autonomy, States should take adequate measures, without violating their other Covenant obligations, to prevent suicides, especially among individuals in particularly vulnerable situations, including individuals deprived of their liberty. States parties that allow medical professionals to provide medical treatment or the medical means to facilitate the termination of life of afflicted adults, such as the terminally ill, who experience severe physical or mental pain and suffering and wish to die with dignity, must ensure the existence of robust legal and institutional safeguards to verify that medical professionals are complying with the free, informed, explicit and unambiguous decision of their patients, with a view to protecting patients from pressure and abuse.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["I. General remarks"]},{"id":"ccpr-c-gc-36-0010","docId":"ccpr-c-gc-36","idx":10,"n":10,"text":"10. Although it inheres in every human being, the right to life is not absolute. While the Covenant does not enumerate the permissible grounds for deprivation of life, by requiring that deprivations of life must not be arbitrary, article 6 (1) implicitly recognizes that some deprivations of life may be non-arbitrary. For example, the use of lethal force in self-defence, under the conditions specified in paragraph 12 below, would not constitute an arbitrary deprivation of life. Even those exceptional measures leading to deprivations of life that are not arbitrary per se must be applied in a manner that is not arbitrary in fact. Such exceptional measures should be established by law and accompanied by effective institutional safeguards designed to prevent arbitrary deprivations of life. Furthermore, States that have not abolished the death penalty and that are not parties to the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty, or other treaties providing for the abolition of the death penalty can apply the death penalty only in a non-arbitrary manner, for the most serious crimes and subject to a number of strict conditions elaborated in part IV below.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"article":"6","paragraph":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 6 (1) implicitly recognizes that some deprivations of life may be non-arbitrary' — ICCPR art.6(1) (right to life). The Second Optional Protocol is mentioned only as contextual background."}]},{"id":"ccpr-c-gc-36-0011","docId":"ccpr-c-gc-36","idx":11,"n":11,"text":"11. The second sentence of article 6 (1) requires that the right to life be protected by law, while the third sentence requires that no one be arbitrarily deprived of life. The two requirements partly overlap in that a deprivation of life that lacks a legal basis or is otherwise inconsistent with life-protecting laws and procedures is, as a rule, arbitrary in nature. For example, a death sentence issued following legal proceedings conducted in violation of domestic laws of criminal procedure or evidence will generally be both unlawful and arbitrary.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"}]},{"id":"ccpr-c-gc-36-0012","docId":"ccpr-c-gc-36","idx":12,"n":12,"text":"12. Deprivation of life is, as a rule, arbitrary if it is inconsistent with international law or domestic law. A deprivation of life may, nevertheless, be authorized by domestic law and still be arbitrary. The notion of “arbitrariness” is not to be fully equated with “against the law”, but must be interpreted more broadly to include elements of inappropriateness, injustice, lack of predictability and due process of law, as well as elements of reasonableness, necessity and proportionality. In order not to be qualified as arbitrary under article 6, the application of potentially lethal force by a private person acting in self-defence, or by another person coming to his or her defence, must be strictly necessary in view of the threat posed by the attacker; it must represent a method of last resort after other alternatives have been exhausted or deemed inadequate; the amount of force applied cannot exceed the amount strictly needed for responding to the threat; the force applied must be carefully directed, only against the attacker; and the threat responded to must involve imminent death or serious injury. The use of potentially lethal force for law enforcement purposes is an extreme measure that should be resorted to only when strictly necessary in order to protect life or prevent serious injury from an imminent threat. It cannot be used, for example, in order to prevent the escape from custody of a suspected criminal or a convict who does not pose a serious and imminent threat to the lives or bodily integrity of others. The intentional taking of life by any means is permissible only if it is strictly necessary in order to protect life from an imminent threat.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0013","docId":"ccpr-c-gc-36","idx":13,"n":13,"text":"13. States parties are expected to take all necessary measures to prevent arbitrary deprivation of life by their law enforcement officials, including soldiers charged with law enforcement missions. These measures include putting in place appropriate legislation controlling the use of lethal force by law enforcement officials, procedures designed to ensure that law enforcement actions are adequately planned in a manner consistent with the need to minimize the risk they pose to human life, mandatory reporting, review and investigation of lethal incidents and other life-threatening incidents, and supplying forces responsible for crowd control with effective, less-lethal means and adequate protective equipment in order to obviate their need to resort to lethal force (see also para. 14 below). In particular, all operations of law enforcement officials should comply with relevant international standards, including the Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and law enforcement officials should undergo appropriate training designed to inculcate these standards so as to ensure, in all circumstances, the fullest respect for the right to life.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"]},{"id":"ccpr-c-gc-36-0014","docId":"ccpr-c-gc-36","idx":14,"n":14,"text":"14. While preferable to more lethal weapons, States parties should ensure that less-lethal weapons are subject to strict independent testing and evaluate and monitor the impact on the right to life of weapons such as electro-muscular disruption devices (Tasers), rubber or foam bullets, and other attenuating energy projectiles, which are designed for use or are actually used by law enforcement officials, including soldiers charged with law enforcement missions. The use of such weapons must be restricted to law enforcement officials who have undergone appropriate training, and must be strictly regulated in accordance with applicable international standards, including the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Furthermore, less-lethal weapons must be employed only subject to strict requirements of necessity and proportionality, in situations in which other less harmful measures have proven to be or clearly are ineffective to address the threat. States parties should not resort to less-lethal weapons in situations of crowd control that can be addressed through less harmful means, especially situations involving the exercise of the right to peaceful assembly.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"]},{"id":"ccpr-c-gc-36-0015","docId":"ccpr-c-gc-36","idx":15,"n":15,"text":"15. When private individuals or entities are empowered or authorized by a State party to employ force with potentially lethal consequences, the State party is under an obligation to ensure that such employment of force actually complies with article 6 and the State party remains responsible for any failure to comply. Among other things, a State party must rigorously limit the powers afforded to private actors and ensure that strict and effective measures of monitoring and control, as well as adequate training, are in place in order to guarantee, inter alia, that the powers granted are not misused and do not lead to arbitrary deprivation of life. For example, a State party must take adequate measures to ensure that persons who were involved or are currently involved in serious human rights violations or abuses are excluded from private security entities empowered or authorized to employ force. It must also ensure that victims of arbitrary deprivation of life by private individuals or entities empowered or authorized by the State party are granted an effective remedy.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0016","docId":"ccpr-c-gc-36","idx":16,"n":16,"text":"16. Paragraphs 2, 4 and 5 of article 6 implicitly recognize that countries that have not abolished the death penalty and have not ratified the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty, are not legally barred under the Covenant from applying the death penalty with regard to the most serious crimes, subject to a number of strict conditions. Other procedures regulating activity that may result in deprivation of life, such as protocols for administering new drugs, must be established by law, accompanied by effective institutional safeguards designed to prevent arbitrary deprivation of life, and must be compatible with other provisions of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'Paragraphs 2, 4 and 5 of article 6 implicitly recognize that countries that have not abolished the death penalty...are not legally barred under the Covenant' — ICCPR art.6. Second Optional Protocol mentioned as background."}]},{"id":"ccpr-c-gc-36-0017","docId":"ccpr-c-gc-36","idx":17,"n":17,"text":"17. The deprivation of life of individuals through acts or omissions that violate provisions of the Covenant other than article 6 is, as a rule, arbitrary in nature. This includes, for example, the use of force resulting in the death of demonstrators exercising their right to freedom of assembly and the passing of a death sentence following a trial that failed to meet the due process requirements of article 14 of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-36-0018","docId":"ccpr-c-gc-36","idx":18,"n":18,"text":"18. The second sentence of article 6 (1) provides that the right to life “shall be protected by law”. This implies that States parties must establish a legal framework to ensure the full enjoyment of the right to life by all individuals as may be necessary to give effect to the right to life. The duty to protect the right to life by law also includes an obligation for States parties to adopt any appropriate laws or other measures in order to protect life from all reasonably foreseeable threats, including from threats emanating from private persons and entities.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"}]},{"id":"ccpr-c-gc-36-0019","docId":"ccpr-c-gc-36","idx":19,"n":19,"text":"19. The duty to protect by law the right to life requires that any substantive ground for deprivation of life must be prescribed by law and must be defined with sufficient precision to avoid overly broad or arbitrary interpretation or application. Since deprivation of life by the authorities of the State is a matter of the utmost gravity, the law must strictly control and limit the circumstances in which a person may be deprived of his or her life by those authorities, and States parties must ensure full compliance with all of the relevant legal provisions. The duty to protect by law the right to life also requires States parties to organize all State organs and governance structures through which public authority is exercised in a manner consistent with the need to respect and ensure the right to life, including establishing by law adequate institutions and procedures for preventing deprivation of life, investigating and prosecuting potential cases of unlawful deprivation of life, meting out punishment and providing full reparation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0020","docId":"ccpr-c-gc-36","idx":20,"n":20,"text":"20. States parties must enact a protective legal framework that includes effective criminal prohibitions on all manifestations of violence or incitement to violence that are likely to result in deprivation of life, such as intentional and negligent homicide, unnecessary or disproportionate use of firearms, infanticide, “honour” killings, lynching, violent hate crimes, blood feuds, ritual killings, death threats and terrorist attacks. The criminal sanctions attached to these crimes must be commensurate with their gravity, while remaining compatible with all the provisions of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0021","docId":"ccpr-c-gc-36","idx":21,"n":21,"text":"21. The duty to take positive measures to protect the right to life derives from the general duty to ensure the rights recognized in the Covenant, which is articulated in article 2 (1) when read in conjunction with article 6, as well as from the specific duty to protect the right to life by law, which is articulated in the second sentence of article 6. States parties are thus under a due diligence obligation to take reasonable, positive measures that do not impose disproportionate burdens on them in response to reasonably foreseeable threats to life originating from private persons and entities whose conduct is not attributable to the State. Hence, States parties are obliged to take adequate preventive measures in order to protect individuals against reasonably foreseen threats of being murdered or killed by criminals and organized crime or militia groups, including armed or terrorist groups (see also para. 23 below). States parties should also disband irregular armed groups, such as private armies and vigilante groups, that are responsible for deprivations of life and reduce the proliferation of potentially lethal weapons to unauthorized individuals. States parties must further take adequate measures of protection, including continuous supervision, in order to prevent, investigate, punish and remedy arbitrary deprivation of life by private entities, such as private transportation companies, private hospitals and private security firms.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0022","docId":"ccpr-c-gc-36","idx":22,"n":22,"text":"22. States parties must take appropriate measures to protect individuals against deprivation of life by other States, international organizations and foreign corporations operating within their territory or in other areas subject to their jurisdiction. They must also take appropriate legislative and other measures to ensure that all activities taking place in whole or in part within their territory and in other places subject to their jurisdiction, but having a direct and reasonably foreseeable impact on the right to life of individuals outside their territory, including activities undertaken by corporate entities based in their territory or subject to their jurisdiction, are consistent with article 6, taking due account of related international standards of corporate responsibility and of the right of victims to obtain an effective remedy.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0023","docId":"ccpr-c-gc-36","idx":23,"n":23,"text":"23. The duty to protect the right to life requires States parties to take special measures of protection towards persons in vulnerable situations whose lives have been placed at particular risk because of specific threats or pre-existing patterns of violence. Such persons include human rights defenders (see also para. 53 below), officials fighting corruption and organized crime, humanitarian workers, journalists, prominent public figures, witnesses to crime and victims of domestic and gender-based violence and human trafficking. They may also include children, especially children in street situations, unaccompanied migrant children and children in situations of armed conflict, members of ethnic and religious minorities, indigenous peoples, lesbian, gay, bisexual, transgender and intersex persons, persons with albinism, alleged witches, displaced persons, asylum seekers, refugees and stateless persons. States parties must respond urgently and effectively in order to protect individuals who find themselves under a specific threat, by adopting special measures such as the assignment of around-the-clock police protection, the issuance of protection and restraining orders against potential aggressors and, in exceptional cases, and only with the free and informed consent of the threatened individual, protective custody.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Children","Persons in street situations","LGBTI+","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0024","docId":"ccpr-c-gc-36","idx":24,"n":24,"text":"24. Persons with disabilities, including psychosocial or intellectual disabilities, are also entitled to specific measures of protection so as to ensure their effective enjoyment of the right to life on an equal basis with others. Such measures of protection must include the provision of reasonable accommodation when necessary to ensure the right to life, such as ensuring access of persons with disabilities to essential facilities and services, and specific measures designed to prevent unwarranted use of force by law enforcement agents against persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0025","docId":"ccpr-c-gc-36","idx":25,"n":25,"text":"25. States parties also have a heightened duty of care to take any necessary measures to protect the lives of individuals deprived of their liberty by the State, since by arresting, detaining, imprisoning or otherwise depriving individuals of their liberty, States parties assume the responsibility to care for their lives and bodily integrity, and they may not rely on lack of financial resources or other logistical problems to reduce this responsibility. The same heightened duty of care attaches to individuals held in private incarceration facilities operating pursuant to an authorization by the State. The duty to protect the life of all detained individuals includes providing them with the necessary medical care and appropriate regular monitoring of their health, shielding them from inter-prisoner violence, preventing suicides and providing reasonable accommodation for persons with disabilities. A heightened duty to protect the right to life also applies to individuals quartered in liberty-restricting State-run facilities, such as mental health facilities, military camps, refugee camps and camps for internally displaced persons, juvenile institutions and orphanages.","labels":["Refugees & asylum-seekers","Children","Persons deprived of their liberty","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0026","docId":"ccpr-c-gc-36","idx":26,"n":26,"text":"26. The duty to protect life also implies that States parties should take appropriate measures to address the general conditions in society that may give rise to direct threats to life or prevent individuals from enjoying their right to life with dignity. These general conditions may include high levels of criminal and gun violence, pervasive traffic and industrial accidents, degradation of the environment (see also para. 62 below), deprivation of indigenous peoples’ land, territories and resources, the prevalence of life-threatening diseases, such as AIDS, tuberculosis and malaria, extensive substance abuse, widespread hunger and malnutrition and extreme poverty and homelessness. The measures called for to address adequate conditions for protecting the right to life include, where necessary, measures designed to ensure access without delay by individuals to essential goods and services such as food, water, shelter, health care, electricity and sanitation, and other measures designed to promote and facilitate adequate general conditions, such as the bolstering of effective emergency health services, emergency response operations (including firefighters, ambulance services and police forces) and social housing programmes. States parties should also develop strategic plans for advancing the enjoyment of the right to life, which may comprise measures to fight the stigmatization associated with disabilities and diseases, including sexually transmitted diseases, which hamper access to medical care; detailed plans to promote education for non-violence; and campaigns for raising awareness of gender-based violence and harmful practices, and for improving access to medical examinations and treatments designed to reduce maternal and infant mortality. Furthermore, States parties should also develop, when necessary, contingency plans and disaster management plans designed to increase preparedness and address natural and man-made disasters that may adversely affect enjoyment of the right to life, such as hurricanes, tsunamis, earthquakes, radioactive accidents and massive cyberattacks resulting in disruption of essential services.","labels":["Indigenous peoples","Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0027","docId":"ccpr-c-gc-36","idx":27,"n":27,"text":"27. An important element of the protection afforded to the right to life by the Covenant is the obligation on the States parties, where they know or should have known of potentially unlawful deprivations of life, to investigate and, where appropriate, prosecute the perpetrators of such incidents, including incidents involving allegations of excessive use of force with lethal consequences (see also para. 64 below). The duty to investigate also arises in circumstances in which a serious risk of deprivation of life was caused by the use of potentially lethal force, even if the risk did not materialize (see also para. 7 above). This obligation is implicit in the obligation to protect and is reinforced by the general duty to ensure the rights recognized in the Covenant, which is articulated in article 2 (1), when read in conjunction with article 6 (1), and the duty to provide an effective remedy to victims of human rights violations and their relatives, which is articulated in article 2 (3) of the Covenant, when read in conjunction with article 6 (1). Investigations and prosecutions of potentially unlawful deprivations of life should be undertaken in accordance with relevant international standards, including the Minnesota Protocol on the Investigation of Potentially Unlawful Death, and must be aimed at ensuring that those responsible are brought to justice, at promoting accountability and preventing impunity, at avoiding denial of justice and at drawing necessary lessons for revising practices and policies with a view to avoiding repeated violations. Investigations should explore, inter alia, the legal responsibility of superior officials with regard to violations of the right to life committed by their subordinates. Given the importance of the right to life, States parties must generally refrain from addressing violations of article 6 merely through administrative or disciplinary measures, and a criminal investigation is normally required, which should lead, if enough incriminating evidence is gathered, to a criminal prosecution. Immunities and amnesties provided to perpetrators of intentional killings and to their superiors, and comparable measures leading to de facto or de jure impunity, are, as a rule, incompatible with the duty to respect and ensure the right to life, and to provide victims with an effective remedy.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0028","docId":"ccpr-c-gc-36","idx":28,"n":28,"text":"28. Investigations into allegations of violations of article 6 must always be independent, impartial, prompt, thorough, effective, credible and transparent (see also para. 64 below). In the event that a violation is found, full reparation must be provided, including, in view of the particular circumstances of the case, adequate measures of compensation, rehabilitation and satisfaction. States parties are also under an obligation to take steps to prevent the occurrence of similar violations in the future. Where relevant, the investigation should include an autopsy of the victim’s body, whenever possible, in the presence of a representative of the victim’s relatives. States parties need to take, among other things, appropriate measures to establish the truth relating to the events leading to the deprivation of life, including the reasons and legal basis for targeting certain individuals and the procedures employed by State forces before, during and after the time at which the deprivation occurred, and identify the bodies of the individuals who have lost their lives. States parties should also disclose relevant details about the investigation to the victim’s next of kin, allow the next of kin to present new evidence, afford the next of kin legal standing in the investigation, and make public information about the investigative steps taken and the findings, conclusions and recommendations emanating from the investigation, subject to absolutely necessary redactions justified by a compelling need to protect the public interest or the privacy and other legal rights of directly affected individuals. States parties must also take the necessary steps to protect witnesses, victims and their relatives and persons conducting the investigation from threats, attacks and any act of retaliation. An investigation into violations of the right to life should commence when appropriate ex officio. States should support and cooperate in good faith with international mechanisms of investigation and prosecutions addressing possible violations of article 6.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0029","docId":"ccpr-c-gc-36","idx":29,"n":29,"text":"29. Loss of life occurring in custody, in unnatural circumstances, creates a presumption of arbitrary deprivation of life by State authorities, which can only be rebutted on the basis of a proper investigation that establishes the State’s compliance with its obligations under article 6. States parties also have a particular duty to investigate allegations of violations of article 6 whenever State authorities have used or appear to have used firearms or other potentially lethal force outside the immediate context of an armed conflict, for example, when live fire has been used against demonstrators, or when civilians have been found dead in circumstances fitting a pattern of alleged violations of the right to life by State authorities.","labels":["Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0030","docId":"ccpr-c-gc-36","idx":30,"n":30,"text":"30. The duty to respect and ensure the right to life requires States parties to refrain from deporting, extraditing or otherwise transferring individuals to countries in which there are substantial grounds for believing that a real risk exists that their right to life under article 6 of the Covenant would be violated. Such a risk must be personal in nature and cannot derive merely from the general conditions in the receiving State, except in the most extreme cases. For example, as explained in paragraph 34 below, it would be contrary to article 6 to extradite an individual from a country that had abolished the death penalty to a country in which he or she might face the death penalty. Similarly, it would be inconsistent with article 6 to deport an individual to a country in which a fatwa had been issued against him or her by local religious authorities, without verifying that the fatwa was not likely to be followed; or to deport an individual to an extremely violent country in which he or she had never lived, had no social or family contacts and could not speak the local language. In cases involving allegations of risk to the life of the removed individual emanating from the authorities of the receiving State, the situation of the removed individual and the conditions in the receiving States need to be assessed, inter alia, based on the intent of the authorities of the receiving State, the pattern of conduct they have shown in similar cases, and the availability of credible and effective assurances about their intentions. When the alleged risk to life emanates from non-State actors or foreign States operating in the territory of the receiving State, credible and effective assurances for protection by the authorities of the receiving State may be sought and internal flight options could be explored. When relying upon assurances from the receiving State of treatment upon removal, the removing State should put in place adequate mechanisms for ensuring compliance with the issued assurances from the moment of removal onwards.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0031","docId":"ccpr-c-gc-36","idx":31,"n":31,"text":"31. The obligation not to extradite, deport or otherwise transfer, pursuant to article 6 of the Covenant, may be broader than the scope of the principle of non-refoulement under international refugee law, since it may also require the protection of aliens not entitled to refugee status. States parties must, however, allow all asylum seekers claiming a real risk of a violation of their right to life in the State of origin access to refugee or other individualized or group status determination procedures that could offer them protection against refoulement.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0032","docId":"ccpr-c-gc-36","idx":32,"n":32,"text":"32. Paragraphs 2, 4, 5 and 6 of article 6 regulate the imposition of the death penalty by those countries that have not yet abolished it.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0033","docId":"ccpr-c-gc-36","idx":33,"n":33,"text":"33. Paragraph 2 of article 6 strictly limits the application of the death penalty, firstly, to States parties that have not abolished the death penalty, and secondly, to the most serious crimes. Given the anomalous nature of regulating the application of the death penalty in an instrument enshrining the right to life, the contents of paragraph 2 have to be narrowly construed.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0034","docId":"ccpr-c-gc-36","idx":34,"n":34,"text":"34. States parties to the Covenant that have abolished the death penalty, through amending their domestic laws, becoming parties to the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty, or adopting another international instrument obligating them to abolish the death penalty, are barred from reintroducing it. Like the Covenant, the Second Optional Protocol does not contain termination provisions and States parties cannot denounce it. Abolition of the death penalty is therefore legally irrevocable. Furthermore, States parties may not transform into a capital offence any offence that, upon ratification of the Covenant or at any time thereafter, did not entail the death penalty. Nor can they remove legal conditions from an existing offence with the result of permitting the imposition of the death penalty in circumstances in which it was not possible to impose it before. States parties that have abolished the death penalty cannot deport, extradite or otherwise transfer persons to a country in which they are facing criminal charges that carry the death penalty, unless credible and effective assurances against the imposition of the death penalty have been obtained. In the same vein, the obligation not to reintroduce the death penalty for any specific crime requires States parties not to deport, extradite or otherwise transfer an individual to a country in which he or she is expected to stand trial for a capital offence, if the same offence does not carry the death penalty in the removing State, unless credible and effective assurances against exposing the individual to the death penalty have been obtained.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"]},{"id":"ccpr-c-gc-36-0035","docId":"ccpr-c-gc-36","idx":35,"n":35,"text":"35. The term “the most serious crimes” must be read restrictively and appertain only to crimes of extreme gravity involving intentional killing. Crimes not resulting directly and intentionally in death, such as attempted murder, corruption and other economic and political crimes, armed robbery, piracy, abduction, drug and sexual offences, although serious in nature, can never serve as the basis, within the framework of article 6, for the imposition of the death penalty. In the same vein, a limited degree of involvement or of complicity in the commission of even the most serious crimes, such as providing the physical means for the commission of murder, cannot justify the imposition of the death penalty. States parties are under an obligation to review their criminal laws so as to ensure that the death penalty is not imposed for crimes that do not qualify as the most serious crimes. They should also revoke death sentences issued for crimes not qualifying as the most serious crimes and pursue the necessary legal procedures to resentence those convicted for such crimes.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0036","docId":"ccpr-c-gc-36","idx":36,"n":36,"text":"36. Under no circumstances can the death penalty ever be applied as a sanction against conduct the very criminalization of which violates the Covenant, including adultery, homosexuality, apostasy, establishing political opposition groups or offending a head of State. States parties that retain the death penalty for such offences commit a violation of their obligations under article 6, read alone and in conjunction with article 2 (2) of the Covenant, as well as of other provisions of the Covenant.","labels":["LGBTI+"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"2","source":"regex"}]},{"id":"ccpr-c-gc-36-0037","docId":"ccpr-c-gc-36","idx":37,"n":37,"text":"37. In all cases involving the application of the death penalty, the personal circumstances of the offender and the particular circumstances of the offence, including its specific attenuating elements, must be considered by the sentencing court. Hence, mandatory death sentences that leave domestic courts with no discretion as to whether to designate the offence as a crime warranting the death penalty, and whether to issue the death sentence in the particular circumstances of the offender, are arbitrary in nature. The availability of a right to seek pardon or commutation on the basis of the special circumstances of the case or the accused is not an adequate substitute for the need for judicial discretion in the application of the death penalty.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"]},{"id":"ccpr-c-gc-36-0038","docId":"ccpr-c-gc-36","idx":38,"n":38,"text":"38. Article 6 (2) also requires States parties to ensure that any death sentence would be “in accordance with the law in force at the time of the commission of the crime”. This application of the principle of legality complements and reaffirms the application of the principle of nulla poena sine lege found in article 15 (1) of the Covenant. As a result, the death penalty can never be imposed if it was not provided by law for the offence at the time of its commission. Nor can the imposition of the death penalty be based on vaguely defined criminal provisions, whose application to the convicted individual depend on subjective or discretionary considerations, the application of which is not reasonably foreseeable. On the other hand, the abolition of the death penalty should apply retroactively to individuals charged or convicted of a capital offence in accordance with the retroactive leniency (lex mitior) principle, which finds partial expression in the third sentence of article 15 (1), requiring States parties to grant offenders the benefit of lighter penalties adopted after the commission of the offence. The retroactive application of the abolition of the death penalty to all individuals charged or convicted of a capital crime also derives from the fact that the need for applying the death penalty cannot be justified once it has been abolished.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"15","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"15","paragraph":"1","source":"regex"}]},{"id":"ccpr-c-gc-36-0039","docId":"ccpr-c-gc-36","idx":39,"n":39,"text":"39. Article 6 (3) reminds all States parties that are also parties to the Convention on the Prevention and Punishment of the Crime of Genocide of their obligations to prevent and punish the crime of genocide, which include the obligation to prevent and punish all deprivations of life, which constitute part of a crime of genocide. Under no circumstances can the death penalty be imposed as part of a policy of genocide against members of a national, ethnic, racial or religious group.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"3","source":"regex"}]},{"id":"ccpr-c-gc-36-0040","docId":"ccpr-c-gc-36","idx":40,"n":40,"text":"40. States parties that have not abolished the death penalty must respect article 7 of the Covenant, which prohibits certain methods of execution. Failure to respect article 7 would inevitably render the execution arbitrary in nature and thus also in violation of article 6. The Committee has already opined that stoning, injection of untested lethal drugs, gas chambers, burning and burying alive and public executions are contrary to article 7. For similar reasons, other painful and humiliating methods of execution are also unlawful under the Covenant. Failure to provide individuals on death row with timely notification about the date of their execution constitutes, as a rule, a form of ill-treatment, which renders the subsequent execution contrary to article 7 of the Covenant. Extreme delays in the implementation of a death penalty sentence that exceed any reasonable period of time necessary to exhaust all legal remedies may also entail the violation of article 7 of the Covenant, especially when the long time on death row exposes sentenced persons to harsh or stressful conditions, including solitary confinement, and when sentenced persons are particularly vulnerable due to factors such as age, health or mental state.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-36-0041","docId":"ccpr-c-gc-36","idx":41,"n":41,"text":"41. Violation of the fair trial guarantees provided for in article 14 of the Covenant in proceedings resulting in the imposition of the death penalty would render the sentence arbitrary in nature, and in violation of article 6 of the Covenant. Such violations might involve the use of forced confessions; the inability of the accused to question relevant witnesses; lack of effective representation involving confidential attorney-client meetings during all stages of the criminal proceedings, including criminal interrogation, preliminary hearings, trial and appeal; failure to respect the presumption of innocence, which may manifest itself in the accused being placed in a cage or being handcuffed during the trial; lack of an effective right of appeal; lack of adequate time and facilities for the preparation of the defence, including the inability to access legal documents essential for conducting the legal defence or appeal, such as official prosecutorial applications to the court, the court’s judgment or the trial transcript; lack of suitable interpretation; failure to provide accessible documents and procedural accommodation for persons with disabilities; excessive and unjustified delays in the trial or the appeal process; and general lack of fairness of the criminal process, or lack of independence or impartiality of the trial or appeal court.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0042","docId":"ccpr-c-gc-36","idx":42,"n":42,"text":"42. Other serious procedural flaws not explicitly covered by article 14 of the Covenant may nonetheless render the imposition of the death penalty contrary to article 6. For example, a failure to promptly inform detained foreign nationals of their right to consular notification pursuant to the Vienna Convention on Consular Relations, resulting in the imposition of the death penalty, and failure to afford individuals about to be deported to a country in which their lives are claimed to be at real risk the opportunity to avail themselves of available appeal procedures would violate article 6 (1) of the Covenant.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"}]},{"id":"ccpr-c-gc-36-0043","docId":"ccpr-c-gc-36","idx":43,"n":43,"text":"43. The execution of sentenced persons whose guilt has not been established beyond reasonable doubt also constitutes an arbitrary deprivation of life. States parties must therefore take all feasible measures in order to avoid wrongful convictions in death penalty cases, to review procedural barriers to reconsideration of convictions and to re-examine past convictions on the basis of new evidence, including new DNA evidence. States parties should also consider the implications for the evaluation of evidence presented in capital cases of new reliable studies, including studies suggesting the prevalence of false confessions and the unreliability of eyewitness testimony.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"]},{"id":"ccpr-c-gc-36-0044","docId":"ccpr-c-gc-36","idx":44,"n":44,"text":"44. The death penalty must not be imposed in a discriminatory manner contrary to the requirements of articles 2 (1) and 26 of the Covenant. Data suggesting that members of religious, racial or ethnic minorities, indigent persons or foreign nationals are disproportionately likely to face the death penalty may indicate an unequal application of the death penalty, which raises concerns under article 2 (1) read in conjunction with article 6, as well as under article 26.","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"ccpr-c-gc-36-0045","docId":"ccpr-c-gc-36","idx":45,"n":45,"text":"45. According to the last sentence of article 6 (2), the death penalty can only be carried out pursuant to a judgment of a competent court. Such a court must be established by law within the judiciary, be independent of the executive and legislative branches and be impartial. It should be established before the commission of the offence. As a rule, civilians must not be tried for capital crimes before military tribunals and military personnel can be tried for offences carrying the death penalty only before a tribunal affording all fair trial guarantees. Furthermore, the Committee does not consider courts of customary justice to constitute judicial institutions offering sufficient fair trial guarantees to enable them to try capital crimes. The issuance of a death penalty without any trial, for example in the form of a religious edict or military order that the State plans to carry out or allows to be carried out, violates both articles 6 and 14 of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-36-0046","docId":"ccpr-c-gc-36","idx":46,"n":46,"text":"46. Any penalty of death can be carried out only pursuant to a final judgment, after an opportunity to resort to all judicial appeal procedures has been provided to the sentenced person, and after petitions to all other available non-judicial avenues have been resolved, including supervisory review by prosecutors or courts, and consideration of requests for official or private pardon. Furthermore, death sentences must not be carried out as long as international interim measures requiring a stay of execution are in place. Such interim measures are designed to allow review of the sentence before international courts, human rights courts and commissions, and international monitoring bodies, such as the United Nations treaty bodies. Failure to implement such interim measures is incompatible with the obligation to respect in good faith the procedures established under the specific treaties governing the work of the relevant international bodies.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"]},{"id":"ccpr-c-gc-36-0047","docId":"ccpr-c-gc-36","idx":47,"n":47,"text":"47. States parties are required pursuant to article 6 (4) to allow individuals sentenced to death to seek pardon or commutation, to ensure that amnesties, pardons and commutation can be granted to them in appropriate circumstances, and to ensure that sentences are not carried out before requests for pardon or commutation have been meaningfully considered and conclusively decided upon according to applicable procedures. No category of sentenced persons can be a priori excluded from such measures of relief, nor should the conditions for attainment of relief be ineffective, unnecessarily burdensome, discriminatory in nature or applied in an arbitrary manner. Article 6 (4) does not prescribe a particular procedure for the exercise of the right to seek pardon or commutation and States parties consequently retain discretion in spelling out the relevant procedures. Still, such procedures should be specified in domestic legislation, and they should not afford the families of victims of crime a preponderant role in determining whether the death sentence should be carried out. Furthermore, pardon or commutation procedures must offer certain essential guarantees, including certainty about the processes followed and the substantive criteria applied and the rights for individuals sentenced to death to initiate pardon or commutation procedures and to make representations about their personal or other relevant circumstances, to be informed in advance when the request will be considered, and to be informed promptly about the outcome of the procedure.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"4","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"4","source":"regex"}]},{"id":"ccpr-c-gc-36-0048","docId":"ccpr-c-gc-36","idx":48,"n":48,"text":"48. Article 6 (5) prohibits the imposition of the death penalty for crimes committed by persons below the age of 18 at the time of the offence. This necessarily implies that such persons can never face the death penalty for that offence, regardless of their age at the time of sentencing or at the time foreseen for carrying out the sentence. If there is no reliable and conclusive proof that the person was not below the age of 18 at the time the crime was committed, he or she will have the right to the benefit of the doubt and the death penalty cannot be imposed. Article 6 (5) also prohibits States parties from carrying out the death penalty on pregnant women.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"5","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"5","source":"regex"}]},{"id":"ccpr-c-gc-36-0049","docId":"ccpr-c-gc-36","idx":49,"n":49,"text":"49. States parties must refrain from imposing the death penalty on individuals who face special barriers in defending themselves on an equal basis with others, such as persons whose serious psychosocial or intellectual disabilities impede their effective defence, and on persons who have limited moral culpability. They should also refrain from executing persons who have a diminished ability to understand the reasons for their sentence, and persons whose execution would be exceptionally cruel or would lead to exceptionally harsh results for them and their families, such as persons of advanced age, parents of very young or dependent children, and individuals who have suffered serious human rights violations in the past.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"]},{"id":"ccpr-c-gc-36-0050","docId":"ccpr-c-gc-36","idx":50,"n":50,"text":"50. Article 6 (6) reaffirms the position that States parties that are not yet totally abolitionist should be on an irrevocable path towards complete eradication of the death penalty, de facto and de jure, in the foreseeable future. The death penalty cannot be reconciled with full respect for the right to life, and abolition of the death penalty is both desirable and necessary for the enhancement of human dignity and progressive development of human rights. It is contrary to the object and purpose of article 6 for States parties to take steps to increase de facto the rate of use of and the extent to which they resort to the death penalty, or to reduce the number of pardons and commutations they grant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0051","docId":"ccpr-c-gc-36","idx":51,"n":51,"text":"51. Although the allusion to the conditions for application of the death penalty in article 6 (2) suggests that when drafting the Covenant, the States parties did not universally regard the death penalty as a cruel, inhuman or degrading punishment per se, subsequent agreements by the States parties or subsequent practice establishing such agreements may ultimately lead to the conclusion that the death penalty is contrary to article 7 of the Covenant under all circumstances. The increasing number of States parties to the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty, other international instruments prohibiting the imposition or carrying out of the death penalty, and the growing number of non-abolitionist States that have nonetheless introduced a de facto moratorium on the exercise of the death penalty, suggest that considerable progress may have been made towards establishing an agreement among the States parties to consider the death penalty as a cruel, inhuman or degrading form of punishment. Such a legal development is consistent with the pro-abolitionist spirit of the Covenant, which manifests itself, inter alia, in the texts of article 6 (6) and the Second Optional Protocol.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"article":"6","paragraph":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the allusion to the conditions for application of the death penalty in article 6 (2) suggests that when drafting the Covenant' — ICCPR art.6(2). Second Optional Protocol mentioned in same sentence only as contextual reference."},{"article":"7","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the death penalty is contrary to article 7 of the Covenant under all circumstances' — ICCPR art.7 (prohibition of torture/CIDT)."},{"article":"6","paragraph":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'consistent with the pro-abolitionist spirit of the Covenant, which manifests itself, inter alia, in the texts of article 6 (6) and the Second Optional Protocol' — ICCPR art.6(6). The Second Optional Protocol is listed alongside art.6(6) as a separate item, not the source of art.6(6)."}]},{"id":"ccpr-c-gc-36-0052","docId":"ccpr-c-gc-36","idx":52,"n":52,"text":"52. The standards and guarantees of article 6 both overlap and interact with other provisions of the Covenant. Some forms of conduct simultaneously violate both article 6 and another article. For example, applying the death penalty in response to a crime that does not constitute a most serious crime (see also para. 35 above) would violate both article 6 (2) and, in light of the extreme nature of the punishment, article 7. At other times, the contents of article 6 (1) are informed by the contents of other articles. For example, application of the death penalty may amount to an arbitrary deprivation of life under article 6 by virtue of the fact that it represents a punishment for exercising freedom of expression, in violation of article 19.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-36-0053","docId":"ccpr-c-gc-36","idx":53,"n":53,"text":"53. Article 6 also reinforces the obligations of States parties under the Covenant and the Optional Protocol to protect individuals against reprisals for promoting and striving to protect and realize human rights, including through cooperation or communication with the Committee. States parties must take the necessary measures to respond to death threats and to provide adequate protection to human rights defenders, including the creation and maintenance of a safe and enabling environment for defending human rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'Article 6 also reinforces the obligations of States parties under the Covenant and the Optional Protocol to protect individuals against reprisals' — ICCPR art.6 (right to life), with Optional Protocol as procedural context only."}]},{"id":"ccpr-c-gc-36-0054","docId":"ccpr-c-gc-36","idx":54,"n":54,"text":"54. Torture and ill-treatment, which may seriously affect the physical and mental health of the mistreated individual, could also generate the risk of deprivation of life. Furthermore, criminal convictions resulting in the death penalty that are based on information procured by torture or cruel, inhuman or degrading treatment of interrogated persons would violate articles 7 and 14 (3) (g) of the Covenant, as well as article 6 (see also para. 41 above).","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"14","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0055","docId":"ccpr-c-gc-36","idx":55,"n":55,"text":"55. Returning individuals to countries where there are substantial grounds for believing that they face a real risk to their lives violates articles 6 and 7 of the Covenant (see also para. 31 above). In addition, making an individual who has been sentenced to death believe that the sentence has been commuted only to inform him or her later that it has not, and placing an individual on death row pursuant to a death sentence that is void ab initio, would run contrary to both articles 6 and 7.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-36-0056","docId":"ccpr-c-gc-36","idx":56,"n":56,"text":"56. The arbitrary deprivation of life of an individual may cause his or her relatives mental suffering, which could amount to a violation of their own rights under article 7 of the Covenant. Furthermore, even when the deprivation of life is not arbitrary, failure to provide relatives with information on the circumstances of the death of an individual may violate their rights under article 7, as could failure to inform them of the location of the body, and, where the death penalty is applied, of the date on which the State party plans to carry out the death penalty. Relatives of individuals deprived of their life by the State must be able to receive the remains, if they so wish.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-36-0057","docId":"ccpr-c-gc-36","idx":57,"n":57,"text":"57. The right to life guaranteed by article 6 of the Covenant, including the right to protection of life under article 6 (1), may overlap with the right to security of person guaranteed by article 9 (1). Extreme forms of arbitrary detention that are themselves life-threatening, in particular enforced disappearances, violate the right to personal liberty and personal security and are incompatible with the right to life (see also para. 58 below). Failure to respect the procedural guarantees found in article 9 (3) and (4), designed inter alia to prevent disappearances, could also result in a violation of article 6.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"9","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"9","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0058","docId":"ccpr-c-gc-36","idx":58,"n":58,"text":"58. Enforced disappearance constitutes a unique and integrated series of acts and omissions representing a grave threat to life. The deprivation of liberty, followed by a refusal to acknowledge that deprivation of liberty or by concealment of the fate of the disappeared person, in effect removes that person from the protection of the law and places his or her life at serious and constant risk, for which the State is accountable. It thus results in a violation of the right to life as well as other rights recognized in the Covenant, in particular, article 7 (prohibition of torture or cruel, inhuman or degrading treatment or punishment), article 9 (liberty and security of person) and article 16 (right to recognition as a person before the law). States parties must take adequate measures to prevent the enforced disappearance of individuals, and conduct an effective and speedy inquiry to establish the fate and whereabouts of persons who may have been subject to enforced disappearance. States parties should also ensure that the enforced disappearance of persons is punished with appropriate criminal sanctions, and introduce prompt and effective procedures for cases of disappearance to be investigated thoroughly by independent and impartial bodies that operate, as a rule, within the ordinary criminal justice system. They should bring to justice the perpetrators of such acts and omissions and ensure that victims of enforced disappearance and their relatives are informed about the outcome of the investigation and are provided with full reparation. Under no circumstances should families of victims of enforced disappearance be obliged to declare them dead in order to be eligible for reparation. States parties should also provide families of victims of disappeared persons with the means to regularize their legal status in relation to the disappeared persons after an appropriate period of time.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"16","source":"regex"}]},{"id":"ccpr-c-gc-36-0059","docId":"ccpr-c-gc-36","idx":59,"n":59,"text":"59. A particular connection exists between article 6 and article 20, which prohibits any propaganda for war and certain forms of advocacy constituting incitement to discrimination, hostility or violence. Failure to comply with these obligations under article 20 may also constitute a failure to take the necessary measures to protect the right to life under article 6.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0060","docId":"ccpr-c-gc-36","idx":60,"n":60,"text":"60. Article 24 (1) of the Covenant entitles every child to such measures of protection as are required by his or her status as a minor, on the part of his or her family, society and the State. This article requires adoption of special measures designed to protect the life of every child, in addition to the general measures required by article 6 for protecting the lives of all individuals. When taking special measures of protection, States parties should be guided by the best interests of the child, and by the need to ensure all children’s survival, development and well-being.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"24","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0061","docId":"ccpr-c-gc-36","idx":61,"n":61,"text":"61. The right to life must be respected and ensured without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or any other status, including caste, ethnicity, membership of an indigenous group, sexual orientation or gender identity, disability, socioeconomic status, albinism and age. Legal protections for the right to life must apply equally to all individuals and provide them with effective guarantees against all forms of discrimination, including multiple and intersectional forms of discrimination. Any deprivation of life based on discrimination in law or in fact is ipso facto arbitrary in nature. Femicide, which constitutes an extreme form of gender-based violence that is directed against girls and women, is a particularly grave form of assault on the right to life.","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"]},{"id":"ccpr-c-gc-36-0062","docId":"ccpr-c-gc-36","idx":62,"n":62,"text":"62. Environmental degradation, climate change and unsustainable development constitute some of the most pressing and serious threats to the ability of present and future generations to enjoy the right to life. The obligations of States parties under international environmental law should thus inform the content of article 6 of the Covenant, and the obligation of States parties to respect and ensure the right to life should also inform their relevant obligations under international environmental law. Implementation of the obligation to respect and ensure the right to life, and in particular life with dignity, depends, inter alia, on measures taken by States parties to preserve the environment and protect it against harm, pollution and climate change caused by public and private actors. States parties should therefore ensure sustainable use of natural resources, develop and implement substantive environmental standards, conduct environmental impact assessments and consult with relevant States about activities likely to have a significant impact on the environment, provide notification to other States concerned about natural disasters and emergencies and cooperate with them, provide appropriate access to information on environmental hazards and pay due regard to the precautionary approach.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0063","docId":"ccpr-c-gc-36","idx":63,"n":63,"text":"63. In light of article 2 (1) of the Covenant, a State party has an obligation to respect and ensure the rights under article 6 of all persons who are within its territory and all persons subject to its jurisdiction, that is, all persons over whose enjoyment of the right to life it exercises power or effective control. This includes persons located outside any territory effectively controlled by the State whose right to life is nonetheless affected by its military or other activities in a direct and reasonably foreseeable manner (see para. 22 above). States also have obligations under international law not to aid or assist activities undertaken by other States and non-State actors that violate the right to life. Furthermore, States parties must respect and protect the lives of individuals located in places that are under their effective control, such as occupied territories, and in territories over which they have assumed an international obligation to apply the Covenant. States parties are also required to respect and protect the lives of all individuals located on marine vessels and aircraft registered by them or flying their flag, and of those individuals who find themselves in a situation of distress at sea, in accordance with their international obligations on rescue at sea. Given that the deprivation of liberty brings a person within a State’s effective control, States parties must respect and protect the right to life of all individuals arrested or detained by them, even if held outside their territory.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0064","docId":"ccpr-c-gc-36","idx":64,"n":64,"text":"64. Like the rest of the Covenant, article 6 continues to apply also in situations of armed conflict to which the rules of international humanitarian law are applicable, including to the conduct of hostilities. While rules of international humanitarian law may be relevant for the interpretation and application of article 6 when the situation calls for their application, both spheres of law are complementary, not mutually exclusive. Use of lethal force consistent with international humanitarian law and other applicable international law norms is, in general, not arbitrary. By contrast, practices inconsistent with international humanitarian law, entailing a risk to the lives of civilians and other persons protected by international humanitarian law, including the targeting of civilians, civilian objects and objects indispensable to the survival of the civilian population, indiscriminate attacks, failure to apply the principles of precaution and proportionality, and the use of human shields would also violate article 6 of the Covenant. States parties should, in general, disclose the criteria for attacking with lethal force individuals or objects whose targeting is expected to result in deprivation of life, including the legal basis for specific attacks, the process of identification of military targets and combatants or persons taking a direct part in hostilities, the circumstances in which relevant means and methods of warfare have been used, and whether less harmful alternatives were considered. They must also investigate alleged or suspected violations of article 6 in situations of armed conflict in accordance with the relevant international standards (see paras. 27–28 above).","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0065","docId":"ccpr-c-gc-36","idx":65,"n":65,"text":"65. States parties engaged in the deployment, use, sale or purchase of existing weapons and in the study, development, acquisition or adoption of weapons, and means or methods of warfare, must always consider their impact on the right to life. For example, the development of autonomous weapon systems lacking in human compassion and judgment raises difficult legal and ethical questions concerning the right to life, including questions relating to legal responsibility for their use. The Committee is therefore of the view that such weapon systems should not be developed and put into operation, either in times of war or in times of peace, unless it has been established that their use conforms with article 6 and other relevant norms of international law.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0066","docId":"ccpr-c-gc-36","idx":66,"n":66,"text":"66. The threat or use of weapons of mass destruction, in particular nuclear weapons, which are indiscriminate in effect and are of a nature to cause destruction of human life on a catastrophic scale, is incompatible with respect for the right to life and may amount to a crime under international law. States parties must take all necessary measures to stop the proliferation of weapons of mass destruction, including measures to prevent their acquisition by non-State actors, to refrain from developing, producing, testing, acquiring, stockpiling, selling, transferring and using them, to destroy existing stockpiles, and to take adequate measures of protection against accidental use, all in accordance with their international obligations. They must also respect their international obligations to pursue in good faith negotiations in order to achieve the aim of nuclear disarmament under strict and effective international control, and to afford adequate reparation to victims whose right to life has been or is being adversely affected by the testing or use of weapons of mass destruction, in accordance with principles of international responsibility.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"]},{"id":"ccpr-c-gc-36-0067","docId":"ccpr-c-gc-36","idx":67,"n":67,"text":"67. Article 6 is included in the list of non-derogable rights in article 4 (2) of the Covenant. Hence, the guarantees against arbitrary deprivation of life contained in article 6 continue to apply in all circumstances, including in situations of armed conflict and other public emergencies. The existence and nature of a public emergency that threatens the life of the nation may, however, be relevant to a determination of whether a particular act or omission leading to deprivation of life is arbitrary and to a determination of the scope of the positive measures that States parties must take. Although some Covenant rights other than the right to life may be subject to derogation, derogable rights that support the application of article 6 must not be diminished by measures of derogation. Such rights include procedural guarantees, such as the right to fair trial in death penalty cases, and accessible and effective measures to vindicate rights, such as the duty to take appropriate measures to investigate, prosecute, punish and remedy violations of the right to life.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"4","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0068","docId":"ccpr-c-gc-36","idx":68,"n":68,"text":"68. Reservations with respect to the peremptory and non-derogable obligations set out in article 6 are incompatible with the object and purpose of the Covenant. In particular, no reservation is permitted to the prohibition against arbitrary deprivation of life of persons and to the strict limits provided in article 6 with respect to the application of the death penalty.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0069","docId":"ccpr-c-gc-36","idx":69,"n":69,"text":"69. Wars and other acts of mass violence continue to be a scourge of humanity resulting in the loss of many thousands of lives every year. Efforts to avert the risks of war and any other armed conflict, and to strengthen international peace and security, are among the most important safeguards of the right to life.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"]},{"id":"ccpr-c-gc-36-0070","docId":"ccpr-c-gc-36","idx":70,"n":70,"text":"70. States parties engaged in acts of aggression as defined in international law, resulting in deprivation of life, violate ipso facto article 6 of the Covenant. At the same time, all States are reminded of their responsibility as members of the international community to protect lives and to oppose widespread or systematic attacks on the right to life, including acts of aggression, international terrorism, genocide, crimes against humanity and war crimes, while respecting all of their obligations under international law. States parties that fail to take all reasonable measures to settle their international disputes by peaceful means might fall short of complying with their positive obligation to ensure the right to life.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-37-0001","docId":"ccpr-c-gc-37","idx":1,"n":1,"text":"1. The fundamental human right of peaceful assembly enables individuals to express themselves collectively and to participate in shaping their societies. The right of peaceful assembly is important in its own right, as it protects the ability of people to exercise individual autonomy in solidarity with others. Together with other related rights, it also constitutes the very foundation of a system of participatory governance based on democracy, human rights, the rule of law and pluralism. Peaceful assemblies can play a critical role in allowing participants to advance ideas and aspirational goals in the public domain and to establish the extent of support for or opposition to those ideas and goals. Where they are used to air grievances, peaceful assemblies may create opportunities for the inclusive, participatory and peaceful resolution of differences.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["I. Introduction"]},{"id":"ccpr-c-gc-37-0002","docId":"ccpr-c-gc-37","idx":2,"n":2,"text":"2. The right of peaceful assembly is, moreover, a valuable tool that can and has been used to recognize and realize a wide range of other rights, including economic, social and cultural rights. It is of particular importance to marginalized individuals and groups. Failure to respect and ensure the right of peaceful assembly is typically a marker of repression.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["I. Introduction"]},{"id":"ccpr-c-gc-37-0003","docId":"ccpr-c-gc-37","idx":3,"n":3,"text":"3. The first sentence of article 21 of the International Covenant on Civil and Political Rights provides that: “The right of peaceful assembly shall be recognized.” The right is articulated in similar terms in other international and regional instruments,[[fn:1]] and its content has been elaborated upon by monitoring bodies, for example in their views, concluding observations, resolutions, interpretive guidelines and judicial decisions.[[fn:2]] In addition to being bound by international law to recognize the right of peaceful assembly, the vast majority of States also recognize the right in their national constitutions.[[fn:3]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":1,"text":"For example, the Universal Declaration of Human Rights (art. 20 (1)); the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) (art. 11); the American Convention on Human Rights (art. 15); and the African Charter on Human and Peoples’ Rights (art. 11). The Arab Charter on Human Rights protects the right for citizens (art. 24). Specific obligations relating to participation in peaceful assemblies can also be found in the Convention on the Rights of the Child (art. 15); the International Convention on the Elimination of All Forms of Racial Discrimination (art. 5 (d) (ix)); and the African Charter on the Rights and Welfare of the Child (art. 8)."},{"n":2,"text":"For examples from the regional mechanisms, see Organization for Security and Cooperation in Europe (OSCE), Office for Democratic Institutions and Human Rights, and European Commission for Democracy through Law (Venice Commission), Guidelines on Freedom of Peaceful Assembly, 3rd ed. (Warsaw/Strasbourg, 2019); African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa (Banjul, 2017) and Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa (Banjul, 2017); and Inter-American Commission on Human Rights, Office of the Special Rapporteur for Freedom of Expression, Protest and Human Rights: Standards on the rights involved in social protest and the obligations to guide the response of the State (2019)."},{"n":3,"text":"A total of 184 of the 193 States Members of the United Nations recognize the right to peaceful assembly in their constitutions. See www.rightofassembly.info."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0004","docId":"ccpr-c-gc-37","idx":4,"n":4,"text":"4. The right of peaceful assembly protects the non-violent gathering by persons for specific purposes, principally expressive ones.[[fn:4]] It constitutes an individual right that is exercised collectively.[[fn:5]] Inherent to the right is thus an associative element.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":4,"text":"Kivenmaa v. Finland (CCPR/C/50/D/412/1990), para. 7.6; Sekerko v. Belarus (CCPR/C/109/D/1851/2008), para. 9.3; and Poplavny and Sudalenko v. Belarus (CCPR/C/118/D/2139/2012), para. 8.5."},{"n":5,"text":"General comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, para. 9."}],"section":["I. Introduction"]},{"id":"ccpr-c-gc-37-0005","docId":"ccpr-c-gc-37","idx":5,"n":5,"text":"5. Everyone has the right of peaceful assembly: citizens and non-citizens alike. It may be exercised by, for example, foreign nationals,[[fn:6]] migrants (documented or undocumented),[[fn:7]] asylum seekers, refugees[[fn:8]] and stateless persons.","labels":["Refugees & asylum-seekers","Migrants","Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":6,"text":"General comment No. 15 (1986) on the position of aliens under the Covenant, paras. 1–2; and CCPR/C/KWT/CO/3, para. 42."},{"n":7,"text":"CCPR/C/DOM/CO/6, para. 32."},{"n":8,"text":"CCPR/C/NPL/CO/2, para. 14."}],"section":["I. Introduction"]},{"id":"ccpr-c-gc-37-0006","docId":"ccpr-c-gc-37","idx":6,"n":6,"text":"6. Article 21 of the Covenant protects peaceful assemblies wherever they take place: outdoors, indoors and online; in public and private spaces; or a combination thereof. Such assemblies may take many forms, including demonstrations, protests, meetings, processions, rallies, sit-ins, candlelit vigils and flash mobs. They are protected under article 21 whether they are stationary, such as pickets, or mobile, such as processions or marches.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0007","docId":"ccpr-c-gc-37","idx":7,"n":7,"text":"7. In many cases, peaceful assemblies do not pursue controversial goals and cause little or no disruption. The aim might indeed be, for example, to commemorate a national day or celebrate the outcome of a sporting event. However, peaceful assemblies can sometimes be used to pursue contentious ideas or goals. Their scale or nature can cause disruption, for example of vehicular or pedestrian movement or economic activity.[[fn:9]] These consequences, whether intended or unintended, do not call into question the protection such assemblies enjoy. To the extent that an event may create such disruptions or risks, these must be managed within the framework of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":9,"text":"CCPR/C/KOR/Q/4, para. 26."}],"section":["I. Introduction"]},{"id":"ccpr-c-gc-37-0008","docId":"ccpr-c-gc-37","idx":8,"n":8,"text":"8. The recognition of the right of peaceful assembly imposes a corresponding obligation on States parties to respect and ensure its exercise without discrimination.[[fn:10]] This requires States to allow such assemblies to take place without unwarranted interference and to facilitate the exercise of the right and to protect the participants. The second sentence of article 21 provides grounds for potential restrictions, but any such restrictions must be narrowly drawn. There are, in effect, limits on the restrictions that may be imposed.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":10,"text":"International Covenant on Civil and Political Rights, art. 2 (1)."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0009","docId":"ccpr-c-gc-37","idx":9,"n":9,"text":"9. The full protection of the right of peaceful assembly is possible only when other, often overlapping, rights are also protected, notably freedom of expression, freedom of association and political participation.[[fn:11]] Protection of the right of peaceful assembly is often also dependent on the realization of a broader range of civil and political rights, and economic, social and cultural rights. Where individuals’ conduct places them outside the scope of the protection of article 21, for example because they are behaving violently, they retain their other rights under the Covenant, subject to the applicable limitations and restrictions.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":11,"text":"A/HRC/39/28, para. 14."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0010","docId":"ccpr-c-gc-37","idx":10,"n":10,"text":"10. The way in which assemblies are conducted and their context changes over time. This may in turn affect how they are approached by the authorities. For example, given that emerging communications technologies offer the opportunity to assemble either wholly or partly online and often play an integral role in organizing, participating in and monitoring physical gatherings, interference with such communications can impede assemblies. While surveillance technologies can be used to detect threats of violence and thus to protect the public, they can also infringe on the right to privacy and other rights of participants and bystanders and have a chilling effect. Moreover, there is increased private ownership and other forms of control of publicly accessible spaces and communication platforms. Considerations such as these need to inform a contemporary understanding of the legal framework that article 21 requires.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0011","docId":"ccpr-c-gc-37","idx":11,"n":11,"text":"11. Establishing whether or not someone’s participation in an assembly is protected under article 21 entails a two-stage process. It must first be established whether or not the conduct of the person in question falls within the scope of the protection offered by the right, in that it amounts to participation in a “peaceful assembly” (as described in the present section). If so, the State must respect and ensure the rights of the participants (as described in section III below). Second, it must be established whether or not any restrictions applied to the exercise of the right are legitimate in that context (as described in section IV below).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0012","docId":"ccpr-c-gc-37","idx":12,"n":12,"text":"12. Participating in an “assembly” entails organizing or taking part in a gathering of persons for a purpose such as expressing oneself, conveying a position on a particular issue or exchanging ideas. The gathering can also be intended to assert or affirm group solidarity or identity. Assemblies may, in addition to having such aims, serve other goals, such as an entertainment, cultural, religious or commercial objective, and still be protected under article 21.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0013","docId":"ccpr-c-gc-37","idx":13,"n":13,"text":"13. While the notion of an assembly implies that there will be more than one participant in the gathering,[[fn:12]] a single protester enjoys comparable protections under the Covenant, for example under article 19. Although the exercise of the right of peaceful assembly is normally understood to pertain to the physical gathering of persons, article 21 protection also extends to remote participation in, and organization of, assemblies, for example online.[[fn:13]]","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":12,"text":"Coleman v. Australia (CCPR/C/87/D/1157/2003), para. 6.4."},{"n":13,"text":"See A/HRC/41/41."}],"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0014","docId":"ccpr-c-gc-37","idx":14,"n":14,"text":"14. Peaceful assemblies are often organized in advance, allowing time for the organizers to notify the authorities to make the necessary preparations. However, spontaneous assemblies, which are typically direct responses to current events, whether coordinated or not, are equally protected under article 21. Counterdemonstrations occur when one assembly takes place to express opposition to another. Both assemblies can fall within the scope of the protection of article 21.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0015","docId":"ccpr-c-gc-37","idx":15,"n":15,"text":"15. A “peaceful” assembly stands in contradistinction to one characterized by widespread and serious violence. The terms “peaceful” and “non-violent” are thus used interchangeably in this context. The right of peaceful assembly may, by definition, not be exercised using violence. “Violence” in the context of article 21 typically entails the use by participants of physical force against others that is likely to result in injury or death, or serious damage to property.[[fn:14]] Mere pushing and shoving or disruption of vehicular or pedestrian movement or daily activities do not amount to “violence”.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":14,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 51."}],"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0016","docId":"ccpr-c-gc-37","idx":16,"n":16,"text":"16. If the conduct of participants in an assembly is peaceful, the fact that certain domestic legal requirements pertaining to an assembly have not been met by its organizers or participants does not, on its own, place the participants outside the scope of the protection of article 21.[[fn:15]] Collective civil disobedience or direct action campaigns can be covered by article 21, provided that they are non-violent.[[fn:16]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":15,"text":"European Court of Human Rights, Frumkin v. Russia (application No. 74568/12), judgment of 5 January 2016, para. 97."},{"n":16,"text":"CCPR/C/CHN-MAC/CO/1, para. 16."}],"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0017","docId":"ccpr-c-gc-37","idx":17,"n":17,"text":"17. There is not always a clear dividing line between assemblies that are peaceful and those that are not, but there is a presumption in favour of considering assemblies to be peaceful.[[fn:17]] Moreover, isolated acts of violence by some participants should not be attributed to others, to the organizers or to the assembly as such.[[fn:18]] Thus, some participants in an assembly may be covered by article 21, while others in the same assembly are not.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":17,"text":"A/HRC/31/66, para. 18."},{"n":18,"text":"Inter-American Court of Human Rights, Women Victims of Sexual Torture in Atenco v. Mexico, judgment of 28 November 2018, series C, No. 371, para. 175; and European Court of Human Rights, Frumkin v. Russia, para. 99."}],"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0018","docId":"ccpr-c-gc-37","idx":18,"n":18,"text":"18. The question of whether or not an assembly is peaceful must be answered with reference to violence that originates from the participants. Violence against participants in a peaceful assembly by the authorities, or by agents provocateurs acting on their behalf, does not render the assembly non-peaceful. The same applies to violence by members of the public aimed at the assembly, or by participants in counterdemonstrations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["II. Scope of the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0019","docId":"ccpr-c-gc-37","idx":19,"n":19,"text":"19. The conduct of specific participants in an assembly may be deemed violent if authorities can present credible evidence that, before or during the event, those participants are inciting others to use violence, and such actions are likely to cause violence; that the participants have violent intentions and plan to act on them; or that violence on their part is imminent.[[fn:19]] Isolated instances of such conduct will not suffice to taint an entire assembly as non-peaceful, but where it is manifestly widespread within the assembly, participation in the gathering as such is no longer protected under article 21.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":19,"text":"Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (A/HRC/22/17/Add.4, appendix), para. 29 (f)."}],"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0020","docId":"ccpr-c-gc-37","idx":20,"n":20,"text":"20. The carrying by participants of objects that are or could be viewed as weapons or of protective equipment such as gas masks or helmets is not necessarily sufficient to deem those participants’ conduct violent. That has to be determined on a case-by-case basis, dependent on, among other considerations, domestic regulation on the carrying of weapons (especially firearms), local cultural practices, whether there is evidence of violent intent, and the risk of violence presented by the presence of such objects.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["II. Scope of the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0021","docId":"ccpr-c-gc-37","idx":21,"n":21,"text":"21. The Covenant imposes the obligation on States parties “to respect and to ensure” all the rights in the Covenant (art. 2 (1)); to take legal and other measures to achieve this purpose (art. 2 (2)); and to pursue accountability, and provide effective remedies for violations of Covenant rights (art. 2 (3)).[[fn:20]] The obligation of States parties regarding the right of peaceful assembly thus comprises these various elements, although the right may in some cases be restricted according to the criteria listed in article 21.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":20,"text":"See also general comment No. 31."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0022","docId":"ccpr-c-gc-37","idx":22,"n":22,"text":"22. States must leave it to the participants to determine freely the purpose or any expressive content of an assembly. The approach of the authorities to peaceful assemblies and any restrictions imposed must thus in principle be content neutral,[[fn:21]] and must not be based on the identity of the participants or their relationship with the authorities. Moreover, while the time, place and manner of assemblies may under some circumstances be the subject of legitimate restrictions under article 21, given the typically expressive nature of assemblies, participants must as far as possible be enabled to conduct assemblies within sight and sound of their target audience.[[fn:22]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":21,"text":"Alekseev v. Russian Federation (CCPR/C/109/D/1873/2009), para. 9.6. See also Amelkovich v. Belarus (CCPR/C/125/D/2720/2016), para. 6.6; and CCPR/C/GNQ/CO/1, paras. 54–55."},{"n":22,"text":"Strizhak v. Belarus (CCPR/C/124/D/2260/2013), para. 6.5."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0023","docId":"ccpr-c-gc-37","idx":23,"n":23,"text":"23. The obligation to respect and ensure peaceful assemblies imposes negative and positive duties on States before, during and after assemblies. The negative duty entails that there be no unwarranted interference with peaceful assemblies. States are obliged, for example, not to prohibit, restrict, block, disperse or disrupt peaceful assemblies without compelling justification, nor to sanction participants or organizers without legitimate cause.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0024","docId":"ccpr-c-gc-37","idx":24,"n":24,"text":"24. Moreover, States parties have certain positive duties to facilitate peaceful assemblies and to make it possible for participants to achieve their objectives.[[fn:23]] States must thus promote an enabling environment for the exercise of the right of peaceful assembly without discrimination, and put in place a legal and institutional framework within which the right can be exercised effectively. Specific measures may sometimes be required on the part of the authorities. For example, they may need to block off streets, redirect traffic or provide security. Where needed, States must also protect participants against possible abuse by non-State actors, such as interference or violence by other members of the public,[[fn:24]] counterdemonstrators and private security providers.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":23,"text":"Since issuing its Views in Turchenyak et al. v. Belarus (CCPR/C/108/D/1948/2010 and Corr.1), the Committee has often repeated that steps taken by States in response to an assembly “should be guided by the objective to facilitate the right” (para. 7.4). See also CCPR/C/BEN/CO/2, para. 33, A/HRC/20/27, para. 33, and Human Rights Council resolution 38/11."},{"n":24,"text":"Alekseev v. Russian Federation, para. 9.6."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0025","docId":"ccpr-c-gc-37","idx":25,"n":25,"text":"25. States must ensure that laws and their interpretation and application do not result in discrimination in the enjoyment of the right of peaceful assembly, for example on the basis of race, colour, ethnicity, age, sex, language, property, religion or belief, political or other opinion, national or social origin, birth, minority, indigenous or other status, disability, sexual orientation or gender identity, or other status.[[fn:25]] Particular efforts must be made to ensure the equal and effective facilitation and protection of the right of peaceful assembly of individuals who are members of groups that are or have been subjected to discrimination, or that may face particular challenges in participating in assemblies.[[fn:26]] Moreover, States have a duty to protect participants from all forms of discriminatory abuse and attacks.[[fn:27]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":25,"text":"CCPR/C/GEO/CO/4, para. 8; CCPR/C/MNG/CO/6, paras. 11–12; CCPR/C/RUS/CO/7, para. 10; and CCPR/C/PRY/CO/3, para. 9. See also CRC/C/KEN/CO/3-5, paras. 27–28; and United Nations Declaration on the Rights of Indigenous Peoples, art. 2."},{"n":26,"text":"A/HRC/31/66, para. 16."},{"n":27,"text":"CCPR/C/CHL/CO/6, para. 19. See also Fedotova v. Russian Federation (CCPR/C/106/D/1932/2010), para. 10.4."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0026","docId":"ccpr-c-gc-37","idx":26,"n":26,"text":"26. The right of peaceful assembly does not exempt participants from challenges by other members of society. States must respect and ensure counterdemonstrations as assemblies in their own right, while preventing undue disruption of the assemblies to which they are opposed.[[fn:28]] States must in principle take a content-neutral approach to counterdemonstrations, which must be allowed to take place, as far as possible, within sight and sound of the assemblies against which they are directed.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":28,"text":"European Court of Human Rights, Plattform “Ärzte für das Leben” v. Austria (application No. 10126/82), judgment of 21 June 1988, para. 32."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0027","docId":"ccpr-c-gc-37","idx":27,"n":27,"text":"27. The possibility that a peaceful assembly may provoke adverse or even violent reactions from some members of the public is not sufficient grounds to prohibit or restrict the assembly.[[fn:29]] States are obliged to take all reasonable measures that do not impose disproportionate burdens upon them to protect all participants and to allow such assemblies to take place in an uninterrupted manner (see also para. 52 below).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":29,"text":"African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa, para. 70 (a)."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0028","docId":"ccpr-c-gc-37","idx":28,"n":28,"text":"28. A functioning and transparent legal and decision-making system lies at the core of the duty to respect and ensure peaceful assemblies. Domestic law must recognize the right of peaceful assembly, clearly set out the duties and responsibilities of all public officials involved, be aligned with the relevant international standards and be publicly accessible. States must ensure public awareness about the law and relevant regulations, including any procedures to be followed by those wishing to exercise the right, who the responsible authorities are, the rules applicable to those officials, and the remedies available for alleged violations of rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0029","docId":"ccpr-c-gc-37","idx":29,"n":29,"text":"29. States parties must ensure independent and transparent oversight of all bodies involved with peaceful assemblies, including through timely access to effective remedies, including judicial remedies, or to national human rights institutions, with a view to upholding the right before, during and after an assembly.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0030","docId":"ccpr-c-gc-37","idx":30,"n":30,"text":"30. The role of journalists, human rights defenders, election monitors and others involved in monitoring or reporting on assemblies is of particular importance for the full enjoyment of the right of peaceful assembly. Those persons are entitled to protection under the Covenant.[[fn:30]] They may not be prohibited from, or unduly limited in, exercising these functions, including with respect to monitoring the actions of law enforcement officials. They must not face reprisals or other harassment, and their equipment must not be confiscated or damaged.[[fn:31]] Even if an assembly is declared unlawful or is dispersed, that does not terminate the right to monitor. It is a good practice for independent national human rights institutions and non-governmental organizations to monitor assemblies.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":30,"text":"Zhagiparov v. Kazakhstan (CCPR/C/124/D/2441/2014), paras. 13.2–13.5. See also the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms."},{"n":31,"text":"CCPR/C/MRT/CO/1, para. 22. See also General Assembly resolution 66/164."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0031","docId":"ccpr-c-gc-37","idx":31,"n":31,"text":"31. States parties hold the primary responsibility for the realization of the right of peaceful assembly. However, business enterprises have a responsibility to respect human rights, including the right of peaceful assembly of, for example, communities affected by their activities and of their employees.[[fn:32]] Private entities and broader society may be expected to accept some level of disruption as a result of the exercise of the right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":32,"text":"Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0032","docId":"ccpr-c-gc-37","idx":32,"n":32,"text":"32. Given that peaceful assemblies often have expressive functions, and that political speech enjoys particular protection as a form of expression, it follows that assemblies with a political message should enjoy a heightened level of accommodation and protection.[[fn:33]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":33,"text":"General comment No. 34 (2011) on the freedoms of opinion and expression, paras. 34, 37–38 and 42–43. See also CCPR/C/LAO/CO/1, para. 33."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0033","docId":"ccpr-c-gc-37","idx":33,"n":33,"text":"33. Article 21 and its related rights do not only protect participants while and where an assembly is ongoing. Associated activities conducted by an individual or by a group, outside the immediate context of the gathering but which are integral to making the exercise meaningful, are also covered. The obligations of States parties thus extend to actions such as participants’ or organizers’ mobilization of resources; planning; dissemination of information about an upcoming event;[[fn:34]] preparation for and travelling to the event;[[fn:35]] communication between participants leading up to and during the assembly; broadcasting of or from the assembly; and leaving the assembly afterwards. These activities may, like participation in the assembly itself, be subject to restrictions, but these must be narrowly drawn. Moreover, no one should be harassed or face other reprisals as a result of their presence at or affiliation with a peaceful assembly.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":34,"text":"Tulzhenkova v. Belarus (CCPR/C/103/D/1838/2008), para. 9.3."},{"n":35,"text":"Evrezov et al. v. Belarus (CCPR/C/112/D/1999/2010 and Corr.1), para. 8.5."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0034","docId":"ccpr-c-gc-37","idx":34,"n":34,"text":"34. Many associated activities happen online or otherwise rely upon digital services. Such activities are also protected under article 21. States parties must not, for example, block or hinder Internet connectivity in relation to peaceful assemblies.[[fn:36]] The same applies to geotargeted or technology-specific interference with connectivity or access to content. States should ensure that the activities of Internet service providers and intermediaries do not unduly restrict assemblies or the privacy of assembly participants. Any restrictions on the operation of information dissemination systems must conform with the tests for restrictions on freedom of expression.[[fn:37]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":36,"text":"CCPR/C/CMR/CO/5, para. 41."},{"n":37,"text":"General comment No. 34, para. 34."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0035","docId":"ccpr-c-gc-37","idx":35,"n":35,"text":"35. While all organs of State carry the obligation to respect and ensure the right of peaceful assembly, decisions on assemblies are often taken at the local level. States must therefore ensure adequate training and resources for officials involved in these decisions at all levels of government.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0036","docId":"ccpr-c-gc-37","idx":36,"n":36,"text":"36. While the right of peaceful assembly may in certain cases be limited, the onus is on the authorities to justify any restrictions.[[fn:38]] Authorities must be able to show that any restrictions meet the requirement of legality, and are also both necessary for and proportionate to at least one of the permissible grounds for restrictions enumerated in article 21, as discussed below. Where this onus is not met, article 21 is violated.[[fn:39]] The imposition of any restrictions should be guided by the objective of facilitating the right, rather than seeking unnecessary and disproportionate limitations on it.[[fn:40]] Restrictions must not be discriminatory, impair the essence of the right, or be aimed at discouraging participation in assemblies or causing a chilling effect.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":38,"text":"Gryb v. Belarus (CCPR/C/103/D/1316/2004), para. 13.4."},{"n":39,"text":"Chebotareva v. Russian Federation (CCPR/C/104/D/1866/2009), para. 9.3."},{"n":40,"text":"Turchenyak et al. v. Belarus, para. 7.4."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0037","docId":"ccpr-c-gc-37","idx":37,"n":37,"text":"37. The prohibition of a specific assembly can be considered only as a measure of last resort. Where the imposition of restrictions on an assembly is deemed necessary, the authorities should first seek to apply the least intrusive measures. States should also consider allowing an assembly to take place and deciding afterwards whether measures should be taken regarding possible transgressions during the event, rather than imposing prior restraints in an attempt to eliminate all risks.[[fn:41]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":41,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, paras. 132 and 220–222."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0038","docId":"ccpr-c-gc-37","idx":38,"n":38,"text":"38. Any restrictions on participation in peaceful assemblies should be based on a differentiated or individualized assessment of the conduct of the participants and the assembly concerned. Blanket restrictions on peaceful assemblies are presumptively disproportionate.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0039","docId":"ccpr-c-gc-37","idx":39,"n":39,"text":"39. The second sentence of article 21 provides that no restrictions may be placed on the exercise of the right of peaceful assembly other than those imposed in conformity with the law. This poses the formal requirement of legality, akin to the requirement that limitations must be “provided by law” in other articles of the Covenant. Restrictions must thus be imposed through law or administrative decisions based on law. The laws in question must be sufficiently precise to allow members of society to decide how to regulate their conduct and may not confer unfettered or sweeping discretion on those charged with their enforcement.[[fn:42]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":42,"text":"Nepomnyashchiy v. Russian Federation (CCPR/C/123/D/2318/2013), para. 7.7; and general comment No. 34, para. 25."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0040","docId":"ccpr-c-gc-37","idx":40,"n":40,"text":"40. Article 21 provides that any restrictions must be “necessary in a democratic society”. Restrictions must therefore be necessary and proportionate in the context of a society based on democracy, the rule of law, political pluralism and human rights, as opposed to being merely reasonable or expedient.[[fn:43]] Such restrictions must be appropriate responses to a pressing social need, relating to one of the permissible grounds listed in article 21. They must also be the least intrusive among the measures that might serve the relevant protective function.[[fn:44]] Moreover, they must be proportionate, which requires a value assessment, weighing the nature and detrimental impact of the interference on the exercise of the right against the resultant benefit to one of the grounds for interfering.[[fn:45]] If the detriment outweighs the benefit, the restriction is disproportionate and thus not permissible.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":43,"text":"General comment No. 34, para. 34."},{"n":44,"text":"Toregozhina v. Kazakhstan (CCPR/C/112/D/2137/2012), para. 7.4."},{"n":45,"text":"Ibid., paras. 7.4 and 7.6. See also OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 131."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0041","docId":"ccpr-c-gc-37","idx":41,"n":41,"text":"41. The last part of the second sentence of article 21 sets out the legitimate grounds on which the right of peaceful assembly may be restricted. This is an exhaustive list, consisting of the following grounds: the interests of national security; public safety; public order (ordre public); the protection of public health or morals; or the protection of the rights and freedoms of others.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0042","docId":"ccpr-c-gc-37","idx":42,"n":42,"text":"42. The “interests of national security” may serve as a ground for restrictions if such restrictions are necessary to preserve the State’s capacity to protect the existence of the nation, its territorial integrity or political independence against a credible threat or use of force.[[fn:46]] This threshold will only exceptionally be met by assemblies that are “peaceful”. Moreover, where the very reason that national security has deteriorated is the suppression of human rights, this cannot be used to justify further restrictions, including on the right of peaceful assembly.[[fn:47]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":46,"text":"Siracusa Principles on the Limitation and Derogation of Provisions in the International Covenant on Civil and Political Rights (E/CN.4/1985/4, annex), para. 29."},{"n":47,"text":"Ibid., para. 32."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0043","docId":"ccpr-c-gc-37","idx":43,"n":43,"text":"43. For the protection of “public safety” to be invoked as a ground for restrictions on the right of peaceful assembly,[[fn:48]] it must be established that the assembly creates a real and significant risk to the safety of persons (to life or security of person) or a similar risk of serious damage to property.[[fn:49]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":48,"text":"CCPR/C/MKD/CO/3, para. 19; and Alekseev v. Russian Federation, para. 9.5."},{"n":49,"text":"Siracusa Principles on the Limitation and Derogation of Provisions in the International Covenant on Civil and Political Rights, para. 33."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0044","docId":"ccpr-c-gc-37","idx":44,"n":44,"text":"44. “Public order” refers to the sum of the rules that ensure the proper functioning of society, or the set of fundamental principles on which society is founded, which also entails respect for human rights, including the right of peaceful assembly.[[fn:50]] States parties should not rely on a vague definition of “public order” to justify overbroad restrictions on the right of peaceful assembly.[[fn:51]] Peaceful assemblies can in some cases be inherently or deliberately disruptive and require a significant degree of toleration. “Public order” and “law and order” are not synonyms, and the prohibition of “public disorder” in domestic law should not be used unduly to restrict peaceful assemblies.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":50,"text":"Ibid., para. 22."},{"n":51,"text":"CCPR/C/KAZ/CO/1, para. 26; and CCPR/C/DZA/CO/4, paras. 45–46."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0045","docId":"ccpr-c-gc-37","idx":45,"n":45,"text":"45. The protection of “public health” may exceptionally permit restrictions to be imposed, for example where there is an outbreak of an infectious disease and gatherings are dangerous. This may in extreme cases also be applicable where the sanitary situation during an assembly presents a substantial health risk to the general public or to the participants themselves.[[fn:52]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":52,"text":"European Court of Human Rights, Cisse v. France (application No. 51346/99), judgment of 9 April 2002."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0046","docId":"ccpr-c-gc-37","idx":46,"n":46,"text":"46. Restrictions on peaceful assemblies should only exceptionally be imposed for the protection of “morals”. If used at all, this ground should not be used to protect understandings of morality deriving exclusively from a single social, philosophical or religious tradition,[[fn:53]] and any such restrictions must be understood in the light of the universality of human rights, pluralism and the principle of non-discrimination.[[fn:54]] Restrictions based on this ground may not, for instance, be imposed because of opposition to expressions of sexual orientation or gender identity.[[fn:55]]","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":53,"text":"General comment No. 22 (1993) on the right to freedom of thought, conscience and religion, para. 8."},{"n":54,"text":"General comment No. 34, para. 32."},{"n":55,"text":"Fedotova v. Russian Federation, paras. 10.5–10.6; and Alekseev v. Russian Federation, para. 9.6."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0047","docId":"ccpr-c-gc-37","idx":47,"n":47,"text":"47. Restrictions imposed for the protection of “the rights and freedoms of others” may relate to the protections under the Covenant or other human rights of people not participating in the assembly. At the same time, assemblies are a legitimate use of public and other spaces, and since they may entail by their very nature a certain level of disruption to ordinary life, such disruptions must be accommodated, unless they impose a disproportionate burden, in which case the authorities must be able to provide detailed justification for any restrictions.[[fn:56]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":56,"text":"Stambrovsky v. Belarus (CCPR/C/112/D/1987/2010), para. 7.6; and Pugach v. Belarus (CCPR/C/114/D/1984/2010), para. 7.8."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0048","docId":"ccpr-c-gc-37","idx":48,"n":48,"text":"48. In addition to the general framework for restrictions provided for in article 21, as discussed above, additional considerations are relevant to restrictions on the right of peaceful assembly. Central to the realization of the right is the requirement that any restrictions, in principle, be content neutral, and thus not be related to the message conveyed by the assembly.[[fn:57]] A contrary approach defeats the very purpose of peaceful assemblies as a potential tool of political and social participation that allows people to advance ideas and establish the extent of the support that they enjoy.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":57,"text":"Alekseev v. Russian Federation, para. 9.6."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0049","docId":"ccpr-c-gc-37","idx":49,"n":49,"text":"49. The rules applicable to freedom of expression should be followed when dealing with any expressive elements of assemblies. Restrictions on peaceful assemblies must thus not be used, explicitly or implicitly, to stifle expression of political opposition to a government,[[fn:58]] challenges to authority, including calls for democratic changes of government, the constitution or the political system, or the pursuit of self-determination. They should not be used to prohibit insults to the honour and reputation of officials or State organs.[[fn:59]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":58,"text":"CCPR/C/MDG/CO/4, para. 51."},{"n":59,"text":"CCPR/C/79/Add. 86, para. 18; and general comment No. 34, para. 38."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0050","docId":"ccpr-c-gc-37","idx":50,"n":50,"text":"50. In accordance with article 20 of the Covenant, peaceful assemblies may not be used for propaganda for war (art. 20 (1)), or for advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (art. 20 (2)). As far as possible, action should be taken in such cases against the individual perpetrators, rather than against the assembly as a whole. Participation in assemblies whose dominant message falls within the scope of article 20 must be addressed in conformity with the requirements for restrictions set out in articles 19 and 21.[[fn:60]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":60,"text":"General comment No. 34, paras. 50–52; International Convention on the Elimination of All Forms of Racial Discrimination, art. 4; and Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013) on combating racist hate speech. See also the Rabat Plan of Action, para. 29, and the Beirut Declaration on Faith for Rights (A/HRC/40/58, annexes I and II)."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"20","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"20","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0051","docId":"ccpr-c-gc-37","idx":51,"n":51,"text":"51. Generally, the use of flags, uniforms, signs and banners is to be regarded as a legitimate form of expression that should not be restricted, even if such symbols are reminders of a painful past. In exceptional cases, where such symbols are directly and predominantly associated with incitement to discrimination, hostility or violence, appropriate restrictions should apply.[[fn:61]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":61,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 152. See also European Court of Human Rights, Fáber v. Hungary (application No. 40721/08), judgment of 24 October 2012, paras. 56–58."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0052","docId":"ccpr-c-gc-37","idx":52,"n":52,"text":"52. The fact that an assembly provokes or may provoke a hostile reaction from members of the public against participants, as a general rule, does not justify restriction; the assembly must be allowed to go ahead, and its participants must be protected (see para. 18 above). However, in the exceptional case where the State is manifestly unable to protect the participants from a severe threat to their safety, restrictions on participation in the assembly may be imposed. Any such restrictions must be able to withstand strict scrutiny. An unspecified risk of violence, or the mere possibility that the authorities will not have the capacity to prevent or neutralize the violence emanating from those opposed to the assembly, is not enough; the State must be able to show, based on a concrete risk assessment, that it would not be able to contain the situation, even if significant law enforcement capability were to be deployed.[[fn:62]] Less intrusive restrictions, such as postponement or relocation of the assembly, must be considered before resort to prohibition.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":62,"text":"Alekseev v. Russian Federation, para. 9.6."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0053","docId":"ccpr-c-gc-37","idx":53,"n":53,"text":"53. The regulation of the time, place and manner of assemblies is generally content neutral, and while there is some scope for restrictions that regulate these elements, the onus remains on the authorities to justify any such restriction on a case-by-case basis.[[fn:63]] Any such restrictions should still, as far as possible, allow participants to assemble within sight and sound of their target audience, or at whatever site is otherwise important to their purpose.[[fn:64]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":63,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 132."},{"n":64,"text":"Turchenyak et al. v. Belarus, para. 7.4."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0054","docId":"ccpr-c-gc-37","idx":54,"n":54,"text":"54. Concerning restrictions on the time of assemblies, participants must have sufficient opportunity to manifest their views or to pursue their other purposes effectively.[[fn:65]] Peaceful assemblies should generally be left to end by themselves. Restrictions on the precise time of day or date when assemblies can or cannot be held raise concerns about their compatibility with the Covenant.[[fn:66]] Assemblies should not be limited solely because of their frequency. The timing, duration or frequency of a demonstration may, for example, play a central role in achieving its objective. However, the cumulative impact of sustained gatherings may be weighed in a proportionality assessment of a restriction. For example, certain assemblies held regularly at night in residential areas might have a significant impact on those living nearby.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":65,"text":"European Court of Human Rights, Éva Molnár v. Hungary (application No. 10346/05), judgment of 7 October 2008, para. 42."},{"n":66,"text":"CCPR/C/KOR/CO/4, para. 52; and CCPR/C/TJK/CO/3, para. 49."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0055","docId":"ccpr-c-gc-37","idx":55,"n":55,"text":"55. As for restrictions on the element of place, peaceful assemblies may in principle be conducted in all spaces to which the public has access or should have access, such as public squares and streets.[[fn:67]] While rules concerning public access to some spaces, such as buildings and parks, may also limit the right to assemble in such places, the application of such restrictions to peaceful assemblies must be justifiable in terms of article 21. Peaceful assemblies should not be relegated to remote areas where they cannot effectively capture the attention of those who are being addressed, or the general public.[[fn:68]] As a general rule, there can be no blanket ban on all assemblies in the capital city,[[fn:69]] in all public places except one specific location within a city[[fn:70]] or outside the city centre,[[fn:71]] or on all the streets in a city.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":67,"text":"Inter-American Commission on Human Rights, Protest and Human Rights, para. 72."},{"n":68,"text":"CCPR/C/KAZ/CO/1, para. 26."},{"n":69,"text":"CCPR/C/DZA/CO/4, para. 45."},{"n":70,"text":"Turchenyak et al. v. Belarus, para. 7.5."},{"n":71,"text":"Sudalenko v. Belarus (CCPR/C/113/D/1992/2010), para. 8.5."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0056","docId":"ccpr-c-gc-37","idx":56,"n":56,"text":"56. The designation of the perimeters of places such as courts, parliaments, sites of historical significance or other official buildings as areas where assemblies may not take place should generally be avoided, inter alia, because these are public spaces. Any restrictions on assemblies in and around such places must be specifically justified and narrowly circumscribed.[[fn:72]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":72,"text":"Zündel v. Canada (CCPR/C/78/D/953/2000), para. 8.5."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0057","docId":"ccpr-c-gc-37","idx":57,"n":57,"text":"57. While gatherings in private spaces fall within the scope of the right of peaceful assembly,[[fn:73]] the interests of others with rights in the property must be given due weight. The extent to which restrictions may be imposed on such a gathering depends on considerations such as whether the space is routinely publicly accessible, the nature and extent of the potential interference caused by the gathering with the interests of others with rights in the property, whether those holding rights in the property approve of such use, whether the ownership of the space is contested through the gathering and whether participants have other reasonable means to achieve the purpose of the assembly, in accordance with the sight and sound principle.[[fn:74]] Access to private property may not be denied on a discriminatory basis.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":73,"text":"Giménez v. Paraguay (CCPR/C/123/D/2372/2014), para. 8.3; and European Court of Human Rights, Annenkov and others v. Russia (application No. 31475/10), judgment of 25 July 2017, para. 122."},{"n":74,"text":"European Court of Human Rights, Appleby and others v. United Kingdom (application No. 44306/98), judgment of 6 May 2003, para. 47."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0058","docId":"ccpr-c-gc-37","idx":58,"n":58,"text":"58. As far as restrictions on the manner of peaceful assemblies are concerned, participants should be left to determine whether they want to use equipment such as posters, megaphones, musical instruments or other technical means, such as projection equipment, to convey their message. Assemblies may entail the temporary erection of structures, including sound systems, to reach their audience or otherwise achieve their purpose.[[fn:75]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":75,"text":"European Court of Human Rights, Frumkin v. Russia, para. 107."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0059","docId":"ccpr-c-gc-37","idx":59,"n":59,"text":"59. In general, States parties should not limit the number of participants in assemblies.[[fn:76]] Any such restriction can be accepted only if there is a clear connection with a legitimate ground for restrictions as set out in article 21, for example where public safety considerations dictate a maximum crowd capacity for a stadium or a bridge, or where public health considerations dictate physical distancing.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":76,"text":"CCPR/C/THA/CO/2, para. 39."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0060","docId":"ccpr-c-gc-37","idx":60,"n":60,"text":"60. The wearing of face coverings or other disguises by assembly participants, such as hoods or masks, or taking other steps to participate anonymously may form part of the expressive element of a peaceful assembly or serve to counter reprisals or to protect privacy, including in the context of new surveillance technologies. The anonymity of participants should be allowed unless their conduct presents reasonable grounds for arrest,[[fn:77]] or there are other similarly compelling reasons, such as the fact that the face covering forms part of a symbol that is, exceptionally, restricted for the reasons referred to above (see para. 51). The use of disguises should not in itself be deemed to signify violent intent.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":77,"text":"OSCE and Venice Commission, Guidelines on Peaceful Assembly, para. 153; and African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa, para. 81."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0061","docId":"ccpr-c-gc-37","idx":61,"n":61,"text":"61. While the collection of relevant information and data by authorities may under certain circumstances assist the facilitation of assemblies, it must not result in suppressing rights or creating a chilling effect. Any information gathering, whether by public or private entities, including through surveillance or the interception of communications, and the way in which data are collected, shared, retained and accessed, must strictly conform to applicable international standards, including on the right to privacy, and may never be aimed at intimidating or harassing participants or would-be participants in assemblies.[[fn:78]] Such practices should be regulated by appropriate and publicly accessible domestic legal frameworks that are compatible with international standards and subject to scrutiny by the courts.[[fn:79]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":78,"text":"A/HRC/31/66, para. 73."},{"n":79,"text":"CCPR/C/KOR/CO/4, paras. 42–43."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0062","docId":"ccpr-c-gc-37","idx":62,"n":62,"text":"62. The mere fact that a particular assembly takes place in public does not mean that participants’ privacy cannot be violated. The right to privacy may be infringed, for example, by facial recognition and other technologies that can identify individual participants in a crowd.[[fn:80]] The same applies to the monitoring of social media to glean information about participation in peaceful assemblies. Independent and transparent scrutiny and oversight must be exercised over the decision to collect the personal information and data of those engaged in peaceful assemblies and over its sharing or retention, with a view to ensuring the compatibility of such actions with the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":80,"text":"A/HRC/44/24, paras. 33–34."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0063","docId":"ccpr-c-gc-37","idx":63,"n":63,"text":"63. The freedom of public officials to participate in peaceful assemblies should not be limited more than is strictly required by the need to ensure public confidence in their impartiality, and thus their ability to perform their service duties,[[fn:81]] and any such restrictions must comply with article 21.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":81,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 110."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0064","docId":"ccpr-c-gc-37","idx":64,"n":64,"text":"64. Requirements for participants or organizers either to arrange for or to contribute towards the costs of policing or security,[[fn:82]] medical assistance or cleaning,[[fn:83]] or other public services associated with peaceful assemblies are generally not compatible with article 21.[[fn:84]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":82,"text":"CCPR/C/CHE/CO/4, para. 48."},{"n":83,"text":"Poliakov v. Belarus (CCPR/C/111/D/2030/2011), paras. 8.2–8.3; and CCPR/C/BLR/CO/5, para. 51 (a)."},{"n":84,"text":"African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa, para. 102 (b)."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0065","docId":"ccpr-c-gc-37","idx":65,"n":65,"text":"65. Organizers and participants are expected to comply with the legal requirements made of an assembly, and they may be held accountable for their own unlawful conduct, including the incitement of others.[[fn:85]] If, in exceptional circumstances, organizers are held accountable for damage or injuries for which they were not directly responsible, it must be confined to cases in which evidence shows that the organizers could reasonably have foreseen and prevented the damage or injuries.[[fn:86]] It is good practice for organizers to appoint stewards or marshals where necessary, but this should not be a legal requirement.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":85,"text":"A/HRC/31/66, para. 26."},{"n":86,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 224."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0066","docId":"ccpr-c-gc-37","idx":66,"n":66,"text":"66. Authorities may not require pledges or undertakings from individuals not to organize or participate in future assemblies.[[fn:87]] Conversely, no one may be forced to participate in an assembly.[[fn:88]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":87,"text":"CCPR/C/KHM/CO/2, para. 22; and CCPR/C/JOR/CO/5, para. 32."},{"n":88,"text":"CCPR/C/TKM/CO/2, para. 44."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0067","docId":"ccpr-c-gc-37","idx":67,"n":67,"text":"67. Where criminal or administrative sanctions are imposed on organizers of or participants in a peaceful assembly for their unlawful conduct, such sanctions must be proportionate, non-discriminatory in nature and must not be based on ambiguous or overbroadly defined offences, or suppress conduct protected under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0068","docId":"ccpr-c-gc-37","idx":68,"n":68,"text":"68. While acts of terrorism must be criminalized in conformity with international law, the definition of such crimes must not be overbroad or discriminatory and must not be applied so as to curtail or discourage the exercise of the right of peaceful assembly.[[fn:89]] The mere act of organizing or participating in a peaceful assembly cannot be criminalized under counter-terrorism laws.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":89,"text":"CCPR/C/SWZ/CO/1, para. 36; and CCPR/C/BHR/CO/1, para. 29. See also A/HRC/40/52."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0069","docId":"ccpr-c-gc-37","idx":69,"n":69,"text":"69. Recourse to courts or other tribunals to seek a remedy concerning restrictions must be readily available, including the possibility of appeal or review. The timeliness and duration of such proceedings against restrictions on an assembly must not jeopardize the exercise of the right.[[fn:90]] The procedural guarantees of the Covenant apply in all such cases, and also to issues such as detention or the imposition of sanctions, including fines, in connection with peaceful assemblies.[[fn:91]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":90,"text":"CCPR/C/POL/CO/6, para. 23."},{"n":91,"text":"E.V. v. Belarus (CCPR/C/112/D/1989/2010), para. 6.6."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0070","docId":"ccpr-c-gc-37","idx":70,"n":70,"text":"70. Having to apply for permission from the authorities undercuts the idea that peaceful assembly is a basic right.[[fn:92]] Notification systems requiring that those who intend to organize a peaceful assembly must inform the authorities in advance and provide certain salient details are permissible to the extent necessary to assist the authorities in facilitating the smooth conduct of peaceful assemblies and protecting the rights of others.[[fn:93]] At the same time, this requirement must not be misused to stifle peaceful assemblies and, as in the case of other interferences with the right, must be justifiable on the grounds listed in article 21.[[fn:94]] The enforcement of notification requirements must not become an end in itself.[[fn:95]] Notification procedures should be transparent, not unduly bureaucratic,[[fn:96]] their demands on organizers must be proportionate to the potential public impact of the assembly concerned, and they should be free of charge.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":92,"text":"CCPR/C/MAR/CO/6, para. 45; CCPR/C/GMB/CO/2, para. 41; and African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa, para. 71."},{"n":93,"text":"Kivenmaa v. Finland, para. 9.2. See also African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa, para. 72."},{"n":94,"text":"Kivenmaa v. Finland, para. 9.2. See also Sekerko v. Belarus, para. 9.4."},{"n":95,"text":"Popova v. Russian Federation (CCPR/C/122/D/2217/2012), para. 7.5."},{"n":96,"text":"Poliakov v. Belarus, para. 8.3."}],"section":["V. Notification regimes"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0071","docId":"ccpr-c-gc-37","idx":71,"n":71,"text":"71. A failure to notify the authorities of an upcoming assembly, where required, does not render the act of participation in the assembly unlawful, and must not in itself be used as a basis for dispersing the assembly or arresting the participants or organizers, or for imposing undue sanctions, such as charging the participants or organizers with criminal offences. Where administrative sanctions are imposed on organizers for failure to notify, this must be justified by the authorities.[[fn:97]] Lack of notification does not absolve the authorities from the obligation, within their abilities, to facilitate the assembly and to protect the participants.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":97,"text":"See, e.g., Popova v. Russian Federation, paras. 7.4–7.5. See also A/HRC/31/66, para. 23."}],"section":["V. Notification regimes"]},{"id":"ccpr-c-gc-37-0072","docId":"ccpr-c-gc-37","idx":72,"n":72,"text":"72. Any notification requirements for pre-planned assemblies must be provided for in domestic law. The minimum period of advance notification might vary according to the context and level of facilitation required, but it should not be excessively long.[[fn:98]] If restrictions are imposed following a notification, they should be communicated early enough to allow time for access to the courts or other mechanisms to challenge them. Any notification regime should exclude assemblies for which the impact of a gathering on others can reasonably be expected to be minimal, for example because of its nature, location or limited size or duration. Notification must not be required for spontaneous assemblies for which there is not enough time to provide notice.[[fn:99]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":98,"text":"CCPR/CO/83/KEN, para. 23; CCPR/C/CHE/CO/4, para. 48; and CCPR/C/DZA/CO/4, para. 45."},{"n":99,"text":"Popova v. Russian Federation, para. 7.5. See also European Court of Human Rights, Éva Molnár v. Hungary, para. 38."}],"section":["V. Notification regimes"]},{"id":"ccpr-c-gc-37-0073","docId":"ccpr-c-gc-37","idx":73,"n":73,"text":"73. Where authorization regimes persist in domestic law, they must in practice function as a system of notification, with authorization being granted as a matter of course, in the absence of compelling reasons to do otherwise. Notification regimes, for their part, must not in practice function as authorization systems.[[fn:100]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":100,"text":"CCPR/C/UZB/CO/5, paras. 46–47; and CCPR/C/JOR/CO/5, para. 32."}],"section":["V. Notification regimes"]},{"id":"ccpr-c-gc-37-0074","docId":"ccpr-c-gc-37","idx":74,"n":74,"text":"74. Law enforcement officials involved in policing assemblies must respect and ensure the exercise of the fundamental rights of organizers and participants, while also protecting journalists,[[fn:101]] monitors and observers, medical personnel and other members of the public, as well as public and private property, from harm.[[fn:102]] The basic approach of the authorities should be, where necessary, to seek to facilitate peaceful assemblies.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":101,"text":"CCPR/C/AGO/CO/1, para. 21; CCPR/C/GEO/CO/4, para. 12; and CCPR/C/KOR/CO/4, para. 52."},{"n":102,"text":"A/HRC/31/66, para. 41."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0075","docId":"ccpr-c-gc-37","idx":75,"n":75,"text":"75. Relevant law enforcement agencies should as far as possible work towards establishing channels for communication and dialogue between the various parties involved in assemblies, before and during the assembly, aimed at promoting preparedness, de-escalating tensions and resolving disputes.[[fn:103]] While it is good practice for organizers and participants to engage in such contact, they cannot be required to do so.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":103,"text":"Ibid., para. 38."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0076","docId":"ccpr-c-gc-37","idx":76,"n":76,"text":"76. Where the presence of law enforcement officials is required, the policing of an assembly should be planned and conducted with the objective of enabling the assembly to take place as intended, and with a view to minimizing the potential for injury to any person and damage to property.[[fn:104]] The plan should detail the instructions and equipment for and the deployment of all relevant officials and units.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":104,"text":"Human Rights Council resolution 38/11; and A/HRC/26/36, para. 51."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0077","docId":"ccpr-c-gc-37","idx":77,"n":77,"text":"77. Generic contingency plans and training protocols should also be developed by relevant law enforcement agencies, in particular for policing assemblies of which the authorities are not notified in advance and which may affect public order.[[fn:105]] Clear command structures must exist to underpin accountability, as must protocols for recording and documenting events, ensuring the identification of officers and reporting any use of force.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":105,"text":"A/HRC/31/66, para. 37."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0078","docId":"ccpr-c-gc-37","idx":78,"n":78,"text":"78. Law enforcement officials should seek to de-escalate situations that might result in violence. They are obliged to exhaust non-violent means and to give prior warning if it becomes absolutely necessary to use force, unless doing either would be manifestly ineffective. Any use of force must comply with the fundamental principles of legality, necessity, proportionality, precaution and non-discrimination applicable to articles 6 and 7 of the Covenant, and those using force must be accountable for each use of force.[[fn:106]] Domestic legal regimes on the use of force by law enforcement officials must be brought into line with the requirements enshrined in international law, guided by standards such as the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement.[[fn:107]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":106,"text":"General comment No. 36 (2018) on the right to life, paras. 13–14."},{"n":107,"text":"United Nations publication, Sales No. E.20.XIV.2. See also the Code of Conduct for Law Enforcement Officials."}],"section":["VI. Duties and powers of law enforcement agencies"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-37-0079","docId":"ccpr-c-gc-37","idx":79,"n":79,"text":"79. Only the minimum force necessary may be used where it is required for a legitimate law enforcement purpose during an assembly. Once the need for any use of force has passed, such as when a violent individual is safely apprehended, no further resort to force is permissible.[[fn:108]] Law enforcement officials may not use greater force than is proportionate to the legitimate objective of either dispersing an assembly, preventing a crime or effecting or assisting in the lawful arrest of offenders or suspected offenders.[[fn:109]] Domestic law must not grant officials largely unrestricted powers, for example to use ”force” or ”all necessary force” to disperse assemblies, or simply to ”shoot for the legs”. In particular, domestic law must not allow use of force against participants in an assembly on a wanton, excessive or discriminatory basis.[[fn:110]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":108,"text":"Code of Conduct for Law Enforcement Officials, art. 3."},{"n":109,"text":"Ibid., commentary to art. 3."},{"n":110,"text":"CCPR/C/MAR/CO/6, paras. 45–46; and CCPR/C/BHR/CO/1, para. 55."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0080","docId":"ccpr-c-gc-37","idx":80,"n":80,"text":"80. Only law enforcement officials trained in the policing of assemblies, including on the relevant human rights standards, should be deployed for that purpose.[[fn:111]] Training should sensitize officials to the specific needs of individuals or groups in situations of vulnerability, which may in some cases include women, children and persons with disabilities, when participating in peaceful assemblies. The military should not be used to police assemblies,[[fn:112]] but if in exceptional circumstances and on a temporary basis they are deployed in support, they must have received appropriate human rights training and must comply with the same international rules and standards as law enforcement officials.[[fn:113]]","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":111,"text":"CCPR/C/KHM/CO/2, para. 12; CCPR/C/GRC/CO/2, para. 42; and CCPR/C/BGR/CO/4, para. 38."},{"n":112,"text":"CCPR/C/VEN/CO/4, para. 14; and African Commission on Human and Peoples’ Rights, Guidelines on Policing Assemblies in Africa, para. 3.2."},{"n":113,"text":"Code of Conduct for Law Enforcement Officials, art. 1."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0081","docId":"ccpr-c-gc-37","idx":81,"n":81,"text":"81. All law enforcement officials responsible for policing assemblies must be suitably equipped, including where needed with appropriate and fit-for-purpose less-lethal weapons and protective equipment. States parties must ensure that all weapons, including less-lethal weapons, are subject to strict independent testing, and that officers deployed with them receive specific training, and must evaluate and monitor the impact of weapons on the rights of those affected.[[fn:114]] Law enforcement agencies must be alert to the potentially discriminatory impacts of certain policing tactics, including in the context of new technologies, and must address them.[[fn:115]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":114,"text":"General comment No. 36, para. 14. See also United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, section 4; and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principles 2 and 3."},{"n":115,"text":"CCPR/C/GBR/CO/7, para. 11; and A/HRC/44/24, para. 32."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0082","docId":"ccpr-c-gc-37","idx":82,"n":82,"text":"82. Preventive detention of targeted individuals to keep them from participating in assemblies may constitute arbitrary deprivation of liberty, which is incompatible with the right of peaceful assembly.[[fn:116]] This is especially the case if detention lasts more than a few hours. Where domestic law permits such detention, it may be used only in the most exceptional cases,[[fn:117]] for no longer than absolutely necessary and only where the authorities have proof of the intention of the individuals involved to engage in or incite acts of violence during a particular assembly, and where other measures to prevent violence from occurring will clearly be inadequate.[[fn:118]] Practices of indiscriminate mass arrest prior to, during or following an assembly are arbitrary and thus unlawful.[[fn:119]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":116,"text":"CCPR/C/MKD/CO/3, para. 19."},{"n":117,"text":"General comment No. 35 (2014) on liberty and security of person, para. 15."},{"n":118,"text":"European Court of Human Rights, S., V. and A. v. Denmark (application Nos. 35553/12, 36678/12 and 36711/12), judgment of 22 October 2018 (Grand Chamber), paras. 77 and 127."},{"n":119,"text":"CCPR/C/CAN/CO/6, para. 15."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0083","docId":"ccpr-c-gc-37","idx":83,"n":83,"text":"83. Powers of “stop and search” or “stop and frisk”, applied to those who participate in assemblies, or are about to do so, must be exercised based on reasonable suspicion of the commission or threat of a serious offence, and must not be used in a discriminatory manner.[[fn:120]] The mere fact that authorities associate an individual with a peaceful assembly does not constitute reasonable grounds for stopping and searching them.[[fn:121]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":120,"text":"CCPR/C/GBR/CO/7, para. 11; and CCPR/C/USA/CO/4, para. 7."},{"n":121,"text":"A/HRC/31/66, para. 43."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0084","docId":"ccpr-c-gc-37","idx":84,"n":84,"text":"84. Containment (“kettling”), where law enforcement officials encircle and close in a section of the participants, may be used only where it is necessary and proportionate to do so, in order to address actual violence or an imminent threat emanating from that section. Necessary law enforcement measures targeted against specific individuals are often preferable to containment. Particular care must be taken to contain, as far as possible, only people linked directly to violence and to limit the duration of the containment to the minimum necessary. Where containment is used indiscriminately or punitively, it violates the right of peaceful assembly, and may also violate other rights such as freedom from arbitrary detention and freedom of movement.[[fn:122]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":122,"text":"European Court of Human Rights, Austin and others v. United Kingdom (application Nos. 39629/09, 40713/09; and 41008/09), judgment of 15 March 2012 (Grand Chamber), para. 68."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0085","docId":"ccpr-c-gc-37","idx":85,"n":85,"text":"85. Only in exceptional cases may an assembly be dispersed. Dispersal may be resorted to if the assembly as such is no longer peaceful, or if there is clear evidence of an imminent threat of serious violence that cannot be reasonably addressed by more proportionate measures, such as targeted arrests. In all cases, the law enforcement rules on use of force must be strictly followed. Conditions for ordering the dispersal of an assembly should be set out in domestic law, and only a duly authorized official may order the dispersal of a peaceful assembly. An assembly that remains peaceful while nevertheless causing a high level of disruption, such as the extended blocking of traffic, may be dispersed, as a rule, only if the disruption is “serious and sustained”.[[fn:123]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":123,"text":"A/HRC/31/66, para. 62."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0086","docId":"ccpr-c-gc-37","idx":86,"n":86,"text":"86. Where a decision to disperse is taken in conformity with domestic and international law, force should be avoided. Where that is not possible in the circumstances, only the minimum force necessary may be used.[[fn:124]] As far as possible, any force used should be directed against a specific individual or group engaged in or threatening violence. Force that is likely to cause more than negligible injury should not be used against individuals or groups who are passively resisting.[[fn:125]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":124,"text":"Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principle 13; and A/HRC/26/36, para. 75."},{"n":125,"text":"United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, para. 2.10."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0087","docId":"ccpr-c-gc-37","idx":87,"n":87,"text":"87. Less-lethal weapons with wide-area effects, such as tear gas and water cannons, tend to have indiscriminate effects. When such weapons are used, all reasonable efforts should be made to limit risks, such as causing a stampede or harming bystanders. Such weapons should be used only as a measure of last resort, following a verbal warning, and with adequate opportunity given for assembly participants to disperse. Tear gas should not be used in confined spaces.[[fn:126]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":126,"text":"S/2009/693, annex, para. 62; and United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, para. 7.3.7."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0088","docId":"ccpr-c-gc-37","idx":88,"n":88,"text":"88. Firearms are not an appropriate tool for the policing of assemblies.[[fn:127]] They must never be used simply to disperse an assembly.[[fn:128]] In order to comply with international law, any use of firearms by law enforcement officials in the context of assemblies must be limited to targeted individuals in circumstances in which it is strictly necessary to confront an imminent threat of death or serious injury.[[fn:129]] Given the threat that such weapons pose to life, this minimum threshold should also be applied to the firing of rubber-coated metal bullets.[[fn:130]] Where law enforcement officials are prepared for the use of force, or violence is considered likely, the authorities must also ensure that adequate medical facilities are available. It is never lawful to fire indiscriminately or to use firearms in fully automatic mode when policing an assembly.[[fn:131]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":127,"text":"African Commission on Human and Peoples’ Rights, Guidelines on Policing Assemblies in Africa, para. 21.2.4."},{"n":128,"text":"Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principle 14."},{"n":129,"text":"General comment No. 36, para. 12; and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principles 9 and 14."},{"n":130,"text":"United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, para. 7.5.8."},{"n":131,"text":"A/HRC/31/66, paras. 60 and 67 (e). See also Office of the United Nations High Commissioner for Human Rights and United Nations Office on Drugs and Crime, Resource book on the use of force and firearms in law enforcement (New York, United Nations, 2017), p. 96."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0089","docId":"ccpr-c-gc-37","idx":89,"n":89,"text":"89. The State is responsible under international law for the actions and omissions of its law enforcement agencies. With a view to preventing violations, States should consistently promote a culture of accountability for law enforcement officials during assemblies. To enhance effective accountability, uniformed law enforcement officials should always display an easily recognizable form of identification during assemblies.[[fn:132]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":132,"text":"European Court of Human Rights, Hentschel and Stark v. Germany (application No. 47274/15), judgment of 9 November 2017, para. 91; and CAT/C/DEU/CO/6, para. 40."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0090","docId":"ccpr-c-gc-37","idx":90,"n":90,"text":"90. States have an obligation to investigate effectively, impartially and in a timely manner any allegation or reasonable suspicion of unlawful use of force or other violations by law enforcement officials, including sexual or gender-based violence, in the context of assemblies.[[fn:133]] Both intentional and negligent action or inaction can amount to a violation of human rights. Individual officials responsible for violations must be held accountable under domestic and, where relevant, international law, and effective remedies must be available to victims.[[fn:134]]","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":133,"text":"CCPR/C/COD/CO/4, paras. 43–44; and CCPR/C/BHR/CO/1, para. 36. See also The Minnesota Protocol on the investigation of potentially unlawful death (United Nations publication, Sales No. E.17.XIV.3)."},{"n":134,"text":"General Assembly resolution 60/147, annex."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0091","docId":"ccpr-c-gc-37","idx":91,"n":91,"text":"91. All use of force by law enforcement officials should be recorded and reflected promptly in a transparent report. Where injury or damage occurs, the report should contain sufficient information to establish whether the use of force was necessary and proportionate by setting out the details of the incident, including the reasons for the use of force, its effectiveness and the consequences of it.[[fn:135]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":135,"text":"United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, paras. 3.3–3.5."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0092","docId":"ccpr-c-gc-37","idx":92,"n":92,"text":"92. Any deployment of plain-clothed officers in assemblies must be strictly necessary in the circumstances and such officers must never incite violence. Before conducting a search, making an arrest or resorting to any use of force, plain-clothed officers must identify themselves to the persons concerned.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0093","docId":"ccpr-c-gc-37","idx":93,"n":93,"text":"93. The State is ultimately responsible for law enforcement during an assembly and may delegate tasks to private security service providers only in exceptional circumstances. In such cases, the State remains responsible for the conduct of those service providers.[[fn:136]] This is in addition to the accountability of the private security service providers under domestic and, where relevant, international law.[[fn:137]] The authorities should set out in national legislation the role and powers of private security service providers in law enforcement, and their use of force and training should be strictly regulated.[[fn:138]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":136,"text":"General comment No. 36, para. 15."},{"n":137,"text":"International Code of Conduct for Private Security Service Providers (2010)."},{"n":138,"text":"United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, para. 3.2."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0094","docId":"ccpr-c-gc-37","idx":94,"n":94,"text":"94. The use of recording devices by law enforcement officials during assemblies, including body-worn cameras, may play a positive role in securing accountability, if used judiciously. However, the authorities should have clear and publicly available guidelines to ensure that their use is consistent with international standards on privacy and does not have a chilling effect on participation in assemblies.[[fn:139]] Participants, journalists and monitors also have the right to record law enforcement officials.[[fn:140]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":139,"text":"CCPR/C/CHN-HKG/CO/3, para. 10; and CCPR/C/CHN-MAC/CO/1, para. 16."},{"n":140,"text":"A/HRC/31/66, para. 71."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0095","docId":"ccpr-c-gc-37","idx":95,"n":95,"text":"95. The State is fully responsible for any remotely controlled weapons systems it uses during an assembly. Such methods of force delivery may escalate tensions and should be used only with great caution. Fully autonomous weapons systems, where lethal force can be used against assembly participants without meaningful human intervention once a system has been deployed, must never be used for law enforcement during an assembly.[[fn:141]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":141,"text":"Ibid., para. 67 (f)."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0096","docId":"ccpr-c-gc-37","idx":96,"n":96,"text":"96. While the right of peaceful assembly is not listed as non-derogable in article 4 (2) of the Covenant, other rights potentially applicable to assemblies, such as those enshrined in articles 6, 7 and 18, are non-derogable. States parties must not rely on derogation from the right of peaceful assembly if they can attain their objectives by imposing restrictions in terms of article 21.[[fn:142]] If States derogate from the Covenant in response, for instance, to mass demonstrations that include acts of violence, they must be able to justify not only that such a situation constitutes a threat to the life of the nation, but also that all measures derogating from their obligations under the Covenant are strictly required by the exigencies of the situation and comply with the conditions in article 4.[[fn:143]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":142,"text":"General comment No. 29 (2001) on derogations from provisions of the Covenant during a state of emergency, para. 5. See also CCPR/C/128/2, para. 2 (c)."},{"n":143,"text":"General comment No. 29, paras. 5–9."}],"section":["VII. Assembly during states of emergency and armed conflict"],"citedArticles":[{"treaty":"ICCPR","article":"4","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-gc-37-0097","docId":"ccpr-c-gc-37","idx":97,"n":97,"text":"97. In a situation of armed conflict, the use of force during peaceful assemblies remains regulated by the rules governing law enforcement, and the Covenant continues to apply.[[fn:144]] Civilians in an assembly are protected from being targeted with lethal force unless and for such time as they take a direct part in hostilities, as that term is understood under international humanitarian law. In such a circumstance, they may be targeted only to the extent that they are not otherwise protected under international law from attack. Any use of force under applicable international humanitarian law is subject to the rules and principles of distinction, precautions in attack, proportionality, military necessity and humanity. In all decisions on the use of force, the safety and protection of assembly participants and the broader public should be an important consideration.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":144,"text":"General comment No. 36, para. 64."}],"section":["VII. Assembly during states of emergency and armed conflict"]},{"id":"ccpr-c-gc-37-0098","docId":"ccpr-c-gc-37","idx":98,"n":98,"text":"98. The full protection of the right of peaceful assembly depends on the protection of a range of rights. Use of unnecessary or disproportionate force or other unlawful conduct by State officials during an assembly may breach articles 6, 7 and 9 of the Covenant.[[fn:145]] An extreme case, in which participants in peaceful assemblies are subjected to unlawful force or conduct as part of a widespread or systematic attack directed against any civilian population, may also constitute, where the other relevant criteria are met, a crime against humanity.[[fn:146]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":145,"text":"CCPR/C/ISR/CO/3, para. 9; CCPR/C/UZB/CO/3, para. 8; Olmedo v. Paraguay (CCPR/C/104/D/1828/2008), para. 7.5; and Benítez Gamarra v. Paraguay (CCPR/C/104/D/1829/2008), para. 7.4."},{"n":146,"text":"Rome Statute of the International Criminal Court, art. 7."}],"section":["VIII. Relationship between article 21 and other provisions of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-37-0099","docId":"ccpr-c-gc-37","idx":99,"n":99,"text":"99. Restrictions on people’s ability to travel, including abroad (art. 12 (2)), in order to participate in assemblies, marches and other moving assemblies may violate their freedom of movement (art. 12 (1)). Official decisions restricting the exercise of assembly rights must be open to legal challenge in a process that meets fair and public hearing requirements (art. 14 (1)).[[fn:147]] Surveillance of those involved in assemblies and other data-gathering activities may violate their right to privacy (art. 17). Religious assemblies may also be protected under the freedom to manifest one’s religion or beliefs (art. 18).[[fn:148]] The right of peaceful assembly is more than just a manifestation of freedom of expression (art. 19 (2)); it often has an expressive element, and the rationale for the recognition of these two rights and the acceptable restrictions overlap in many ways. Freedom of access to information held by public bodies (art. 19 (2)) underlies the ability of the public to know about the legal and administrative framework applicable to assemblies and enables them to hold public officials accountable.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":147,"text":"Evrezov et al. v. Belarus, paras. 3.3 and 8.9."},{"n":148,"text":"General comment No. 22, para. 8."}],"section":["VIII. Relationship between article 21 and other provisions of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"12","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"12","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"14","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"19","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"19","paragraph":"2","source":"regex"}]},{"id":"ccpr-c-gc-37-0100","docId":"ccpr-c-gc-37","idx":100,"n":100,"text":"100. Freedom of association (art. 22) also protects collective action, and restrictions on this right often affect the right of peaceful assembly. The right of political participation (art. 25) is closely linked to the right of peaceful assembly, and in relevant cases, restrictions must be justified under the conditions set out in both article 21 and article 25.[[fn:149]] The right to non-discrimination protects participants against discriminatory practices in the context of assemblies (arts. 2 (1), 24 and 26).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":149,"text":"Sudalenko v. Belarus, para. 8.6."}],"section":["VIII. Relationship between article 21 and other provisions of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"22","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-gc-37-0101","docId":"ccpr-c-gc-37","idx":101,"n":101,"text":"101. Participation in peaceful assemblies may be restricted in accordance with article 21, however, in order to protect the rights and freedoms of others.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["VIII. Relationship between article 21 and other provisions of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0102","docId":"ccpr-c-gc-37","idx":102,"n":102,"text":"102. The right of peaceful assembly has an intrinsic value. It is, moreover, often exercised with the aim of advancing the implementation of other human rights and other norms and principles of international law. In such cases, the duty to respect and ensure the right of peaceful assembly derives its legal justification also from the importance of the broader range of other rights, norms and principles whose implementation it advances.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["VIII. Relationship between article 21 and other provisions of the Covenant and other legal regimes"]},{"id":"hri-gen-1-rev-9-vol-i-p-175-0001","docId":"hri-gen-1-rev-9-vol-i-p-175","idx":1,"n":1,"text":"Article 3 of the Covenant requiring, as it does, States parties to ensure the equal right of men and women to the enjoyment of all civil and political rights provided for in the Covenant, has been insufficiently dealt with in a considerable number of States reports and has raised a number of concerns, two of which may be highlighted.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-175-0002","docId":"hri-gen-1-rev-9-vol-i-p-175","idx":2,"n":2,"text":"Firstly, article 3, as articles 2 (1) and 26 insofar as those articles primarily deal with the prevention of discrimination on a number of grounds, among which sex is one, requires not only measures of protection but also affirmative action designed to ensure the positive enjoyment of rights. This cannot be done simply by enacting laws. Hence, more information has generally been required regarding the role of women in practice with a view to ascertaining what measures, in addition to purely legislative measures of protection, have been or are being taken to give effect to the precise and positive obligations under article 3 and to ascertain what progress is being made or what factors or difficulties are being met in this regard.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-175-0003","docId":"hri-gen-1-rev-9-vol-i-p-175","idx":3,"n":3,"text":"Secondly, the positive obligation undertaken by States parties under that article may itself have an inevitable impact on legislation or administrative measures specifically designed to regulate matters other than those dealt with in the Covenant but which may adversely affect rights recognized in the Covenant. One example, among others, is the degree to which immigration laws which distinguish between a male and a female citizen may or may not adversely affect the scope of the right of the woman to marriage to non citizens or to hold public office.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"hri-gen-1-rev-9-vol-i-p-175-0004","docId":"hri-gen-1-rev-9-vol-i-p-175","idx":4,"n":4,"text":"The Committee, therefore, considers that it might assist States parties if special attention were given to a review by specially appointed bodies or institutions of laws or measures which inherently draw a distinction between men and women insofar as those laws or measures adversely affect the rights provided for in the Covenant and, secondly, that States parties should give specific information in their reports about all measures, legislative or otherwise, designed to implement their undertaking under this article.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"hri-gen-1-rev-9-vol-i-p-175-0005","docId":"hri-gen-1-rev-9-vol-i-p-175","idx":5,"n":5,"text":"The Committee considers that it might help the States parties in implementing this obligation, if more use could be made of existing means of international cooperation with a view to exchanging experience and organizing assistance in solving the practical problems connected with the insurance of equal rights for men and women.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0001","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":1,"n":1,"text":"The right to life enunciated in article 6 of the Covenant has been dealt with in all State reports. It is the supreme right from which no derogation is permitted even in time of public emergency which threatens the life of the nation (art. 4). However, the Committee has noted that quite often the information given concerning article 6 was limited to only one or other aspect of this right. It is a right which should not be interpreted narrowly.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0002","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":2,"n":2,"text":"The Committee observes that war and other acts of mass violence continue to be a scourge of humanity and take the lives of thousands of innocent human beings every year. Under the Charter of the United Nations the threat or use of force by any State against another State, except in exercise of the inherent right of self defence, is already prohibited. The Committee considers that States have the supreme duty to prevent wars, acts of genocide and other acts of mass violence causing arbitrary loss of life. Every effort they make to avert the danger of war, especially thermonuclear war, and to strengthen international peace and security would constitute the most important condition and guarantee for the safeguarding of the right to life. In this respect, the Committee notes, in particular, a connection between article 6 and article 20, which states that the law shall prohibit any propaganda for war (para. 1) or incitement to violence (para. 2) as therein described.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'The right to life enunciated in article 6 of the Covenant' in an ICCPR CCPR general comment context."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text notes 'a connection between article 6 and article 20, which states that the law shall prohibit any propaganda for war' — art. 20 is an ICCPR provision on war propaganda."}]},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0003","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":3,"n":3,"text":"The protection against arbitrary deprivation of life which is explicitly required by the third sentence of article 6 (1) is of paramount importance. The Committee considers that States parties should take measures not only to prevent and punish deprivation of life by criminal acts, but also to prevent arbitrary killing by their own security forces. The deprivation of life by the authorities of the State is a matter of the utmost gravity. Therefore, the law must strictly control and limit the circumstances in which a person may be deprived of his life by such authorities.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0004","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":4,"n":4,"text":"States parties should also take specific and effective measures to prevent the disappearance of individuals, something which unfortunately has become all too frequent and leads too often to arbitrary deprivation of life. Furthermore, States should establish effective facilities and procedures to investigate thoroughly cases of missing and disappeared persons in circumstances which may involve a violation of the right to life.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0005","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":5,"n":5,"text":"Moreover, the Committee has noted that the right to life has been too often narrowly interpreted. The expression “inherent right to life” cannot properly be understood in a restrictive manner, and the protection of this right requires that States adopt positive measures. In this connection, the Committee considers that it would be desirable for States parties to take all possible measures to reduce infant mortality and to increase life expectancy, especially in adopting measures to eliminate malnutrition and epidemics.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0006","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":6,"n":6,"text":"While it follows from article 6 (2) to (6) that States parties are not obliged to abolish the death penalty totally they are obliged to limit its use and, in particular, to abolish it for other than the “most serious crimes”. Accordingly, they ought to consider reviewing their criminal laws in this light and, in any event, are obliged to restrict the application of the death penalty to the “most serious crimes”. The article also refers generally to abolition in terms which strongly suggest (paras. 2 (2) and (6)) that abolition is desirable. The Committee concludes that all measures of abolition should be considered as progress in the enjoyment of the right to life within the meaning of article 40, and should as such be reported to the Committee. The Committee notes that a number of States have already abolished the death penalty or suspended its application. Nevertheless, States’ reports show that progress made towards abolishing or limiting the application of the death penalty is quite inadequate.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0007","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":7,"n":7,"text":"The Committee is of the opinion that the expression “most serious crimes” must be read restrictively to mean that the death penalty should be a quite exceptional measure. It also follows from the express terms of article 6 that it can only be imposed in accordance with the law in force at the time of the commission of the crime and not contrary to the Covenant. The procedural guarantees therein prescribed must be observed, including the right to a fair hearing by an independent tribunal, the presumption of innocence, the minimum guarantees for the defence, and the right to review by a higher tribunal. These rights are applicable in addition to the particular right to seek pardon or commutation of the sentence.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-179-0001","docId":"hri-gen-1-rev-9-vol-i-p-179","idx":1,"n":1,"text":"Article 9 which deals with the right to liberty and security of persons has often been somewhat narrowly understood in reports by States parties, and they have therefore given incomplete information. The Committee points out that paragraph 1 is applicable to all deprivations of liberty, whether in criminal cases or in other cases such as, for example, mental illness, vagrancy, drug addiction, educational purposes, immigration control, etc. It is true that some of the provisions of article 9 (part of paragraph 2 and the whole of paragraph 3) are only applicable to persons against whom criminal charges are brought. But the rest, and in particular the important guarantee laid down in paragraph 4, i.e. the right to control by a court of the legality of the detention, applies to all persons deprived of their liberty by arrest or detention. Furthermore, States parties have in accordance with article 2 (3) also to ensure that an effective remedy is provided in other cases in which an individual claims to be deprived of his liberty in violation of the Covenant.","labels":["Persons with disabilities","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"3","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-179-0002","docId":"hri-gen-1-rev-9-vol-i-p-179","idx":2,"n":2,"text":"Paragraph 3 of article 9 requires that in criminal cases any person arrested or detained has to be brought “promptly” before a judge or other officer authorized by law to exercise judicial power. More precise time limits are fixed by law in most States parties and, in the view of the Committee, delays must not exceed a few days. Many States have given insufficient information about the actual practices in this respect.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-179-0003","docId":"hri-gen-1-rev-9-vol-i-p-179","idx":3,"n":3,"text":"Another matter is the total length of detention pending trial. In certain categories of criminal cases in some countries this matter has caused some concern within the Committee, and members have questioned whether their practices have been in conformity with the entitlement “to trial within a reasonable time or to release” under paragraph 3. Pre trial detention should be an exception and as short as possible. The Committee would welcome information concerning mechanisms existing and measures taken with a view to reducing the duration of such detention.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982},{"id":"hri-gen-1-rev-9-vol-i-p-179-0004","docId":"hri-gen-1-rev-9-vol-i-p-179","idx":4,"n":4,"text":"Also if so called preventive detention is used, for reasons of public security, it must be controlled by these same provisions, i.e. it must not be arbitrary, and must be based on grounds and procedures established by law (para. 1), information of the reasons must be given (para. 2) and court control of the detention must be available (para. 4) as well as compensation in the case of a breach (para. 5). And if, in addition, criminal charges are brought in such cases, the full protection of article 9 (2) and (3), as well as article 14, must also be granted.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"9","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-180-0001","docId":"hri-gen-1-rev-9-vol-i-p-180","idx":1,"n":1,"text":"Article 10, paragraph 1 of the Covenant provides that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. However, by no means all the reports submitted by States parties have contained information on the way in which this paragraph of the article is being implemented. The Committee is of the opinion that it would be desirable for the reports of States parties to contain specific information on the legal measures designed to protect that right. The Committee also considers that reports should indicate the concrete measures being taken by the competent State organs to monitor the mandatory implementation of national legislation concerning the humane treatment and respect for the human dignity of all persons deprived of their liberty that paragraph 1 requires. The Committee notes, in particular, that paragraph 1 of this article is generally applicable to persons deprived of their liberty, whereas paragraph 2 deals with accused as distinct from convicted persons, and paragraph 3 with convicted persons only. This structure quite often is not reflected in the reports, which mainly have related to accused and convicted persons. The wording of paragraph 1, its context ‑ especially its proximity to article 9, paragraph 1, which also deals with all deprivations of liberty ‑ and its purpose support a broad application of the principle expressed in that provision. Moreover, the Committee recalls that this article supplements article 7 as regards the treatment of all persons deprived of their liberty. The humane treatment and the respect for the dignity of all persons deprived of their liberty is a basic standard of universal application which cannot depend entirely on material resources. While the Committee is aware that in other respects the modalities and conditions of detention may vary with the available resources, they must always be applied without discrimination, as required by article 2 (1). Ultimate responsibility for the observance of this principle rests with the State as regards all institutions where persons are lawfully held against their will, not only in prisons but also, for example, hospitals, detention camps or correctional institutions.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-180-0002","docId":"hri-gen-1-rev-9-vol-i-p-180","idx":2,"n":2,"text":"Subparagraph 2 (a) of the article provides that, save in exceptional circumstances, accused persons shall be segregated from convicted persons and shall receive separate treatment appropriate to their status as unconvicted persons. Some reports have failed to pay proper attention to this direct requirement of the Covenant and, as a result, to provide adequate information on the way in which the treatment of accused persons differs from that of convicted persons. Such information should be included in future reports. Subparagraph 2 (b) of the article calls, inter alia, for accused juvenile persons to be separated from adults. The information in reports shows that a number of States are not taking sufficient account of the fact that this is an unconditional requirement of the Covenant. It is the Committee’s opinion that, as is clear from the text of the Covenant, deviation from States parties’ obligations under subparagraph 2 (b) cannot be justified by any consideration whatsoever.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982},{"id":"hri-gen-1-rev-9-vol-i-p-180-0003","docId":"hri-gen-1-rev-9-vol-i-p-180","idx":3,"n":3,"text":"In a number of cases, the information appearing in reports with respect to paragraph 3 of the article has contained no concrete mention either of legislative or administrative measures or of practical steps to promote the reformation and social rehabilitation of prisoners, by, for example, education, vocational training and useful work. Allowing visits, in particular by family members, is normally also such a measure which is required for reasons of humanity. There are also similar lacunae in the reports of certain States with respect to information concerning juvenile offenders, who must be segregated from adults and given treatment appropriate to their age and legal status.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982},{"id":"hri-gen-1-rev-9-vol-i-p-180-0004","docId":"hri-gen-1-rev-9-vol-i-p-180","idx":4,"n":4,"text":"The Committee further notes that the principles of humane treatment and respect for human dignity set out in paragraph 1 are the basis for the more specific and limited obligations of States in the field of criminal justice set out in paragraphs 2 and 3 of article 10. The segregation of accused persons from convicted ones is required in order to emphasize their status as unconvicted persons who are at the same time protected by the presumption of innocence stated in article 14, paragraph 2. The aim of these provisions is to protect the groups mentioned, and the requirements contained therein should be seen in that light. Thus, for example, the segregation and treatment of juvenile offenders should be provided for in such a way that it promotes their reformation and social rehabilitation.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-36-0001","docId":"cedaw-c-gc-36","idx":1,"n":1,"text":"1. Education plays a pivotal, transformative and empowering role in promoting human rights values and is recognized as the pathway to gender equality and the empowerment of women.[[fn:1]] It is also an essential tool for personal development and for the development of an empowered workforce and citizenry that can contribute to civic responsibility and national development. In the United Nations Millennium Declaration, the General Assembly resolved to ensure that, by 2015, children everywhere would be able to complete a full course of primary schooling and that girls and boys would have equal access to all levels of education (resolution 55/2).","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":1,"text":"Azza Karam, “Education as the pathway towards gender equality”, UN Chronicle, vol. L, No. 4 (2013)."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-36-0002","docId":"cedaw-c-gc-36","idx":2,"n":2,"text":"2. Despite important progress, that goal was not achieved. The education of girls and women is considered to be one of the most effective investments for sustainable and inclusive development; however, in 2012, 32 million girls of primary school age around the world were out of school, representing 53 per cent of all out-of-school children, as were 31.6 million adolescent girls (50.2 per cent) of lower secondary school age.[[fn:2]] Even where educational opportunities are available, inequalities persist, preventing women and girls from fully taking advantage of such opportunities. In September 2013, the United Nations Educational, Scientific and Cultural Organization (UNESCO) reported[[fn:3]] that 773.5 million adults (15 years of age or older) worldwide were illiterate, and 61.3 per cent of them were women, while among youth (15 to 24 years of age) 125.2 million were illiterate, with women and girls representing 61.3 per cent of that population. Girls and women are disproportionately discriminated against during the schooling process in terms of access, retention, completion, treatment and learning outcomes, as well as in career choices, resulting in disadvantage beyond schooling and the school environment.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":2,"text":"UNESCO Institute for Statistics and United Nations Children’s Fund, Fixing the Broken Promise of Education for All: Findings from the Global Initiative on Out-of-School Children (2015)."},{"n":3,"text":"UNESCO Institute for Statistics, Adult and youth literacy fact sheet No. 26, September 2013. Available from http://uis.unesco.org/sites/default/files/documents/fs26-adult-and-youth-literacy-2013-en_1.pdf."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-36-0003","docId":"cedaw-c-gc-36","idx":3,"n":3,"text":"3. The need to ensure inclusive and quality education for all and promote lifelong learning is a priority of Sustainable Development Goal 4, as contained in General Assembly resolution 70/1, adopted with a view to transforming the world by 2030. Two critical education targets to be met are ensuring that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes; and eliminating gender disparities in education and ensuring equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations. In the Education 2030 Framework for Action, adopted on 4 November 2015 by the General Conference of UNESCO, and considered by the global education community as complementary to the Sustainable Development Goals, it is acknowledged that gender equality is inextricably linked to the right to education for all and that its achievement requires taking a rights-based approach, in order to ensure that all learners not only gain access to and complete education cycles, but are empowered equally in and through education.","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["I. Introduction"]},{"id":"cedaw-c-gc-36-0004","docId":"cedaw-c-gc-36","idx":4,"n":4,"text":"4. However, certain factors disproportionately prevent girls and women from claiming and enjoying their basic human right to education. Such factors include barriers to access for girls and women from disadvantaged and marginalized groups, exacerbated by poverty and economic crises, gender stereotyping in curricula, textbooks and teaching processes, violence against girls and women in and out of school and structural and ideological restrictions to their engagement in male-dominated academic and vocational fields.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["I. Introduction"]},{"id":"cedaw-c-gc-36-0005","docId":"cedaw-c-gc-36","idx":5,"n":5,"text":"5. The gap between the legal recognition of the right of girls and women to education remains critical, and the effective implementation of that right calls for further guidance and action on article 10 of the Convention, as set out below. The recommendations herein are grounded in existing jurisprudence under the Convention, including the Committee’s concluding observations and existing general recommendations, and information obtained from submissions received and oral presentations made by States parties and a wide range of stakeholders, including nongovernmental and civil society organizations and academics, at a preliminary half-day consultation hosted by the Committee in July 2014.[[fn:4]]","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":4,"text":"See www.ohchr.org/EN/HRBodies/CEDAW/Pages/Womensrighttoeducation.aspx."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0006","docId":"cedaw-c-gc-36","idx":6,"n":6,"text":"6. Since the adoption of the Universal Declaration of Human Rights by the General Assembly in December 1948, education has been acknowledged as a basic human right. Subsequently, several international, regional and national instruments and court decisions[[fn:5]] have established that the right is justiciable and consequently enforceable in law. Those instruments therefore provide that protection from discrimination in the field of education is an underlying and basic principle of human rights law.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":5,"text":"See SERAP v. Nigeria, judgment, Court of Justice of the Economic Community of West African States (suit No. ECW/CCJ/APP/12/07; judgment No. ECW/CCJ/JUD/07/10 (30 November 2010))."}],"section":["II. Justiciability of the right to education"]},{"id":"cedaw-c-gc-36-0007","docId":"cedaw-c-gc-36","idx":7,"n":7,"text":"7. Therefore, in line with the Committee’s general recommendation No. 33 (2015) on women’s access to justice, all States parties have an obligation to protect girls and women from any form of discrimination that denies them access to all levels of education and to ensure that, where that occurs, they have recourse to avenues of justice.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Justiciability of the right to education"]},{"id":"cedaw-c-gc-36-0008","docId":"cedaw-c-gc-36","idx":8,"n":8,"text":"8. In addition to the Universal Declaration of Human Rights, the right to education is enshrined in a number of international and regional[[fn:6]] legally binding instruments. States parties, therefore, have an obligation to respect, protect and fulfil the right to education, which must be justiciable in national legal systems.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":6,"text":"Arab Charter on Human Rights, Charter of the Organization of American States, American Declaration of the Rights and Duties of Man, African Charter on Human and Peoples’ Rights, African Charter on the Rights and Welfare of the Child, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, first Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and European Convention on the Legal Status of Migrant Workers."}],"section":["III. Right to education: existing normative framework"]},{"id":"cedaw-c-gc-36-0009","docId":"cedaw-c-gc-36","idx":9,"n":9,"text":"9. As a human right, education enhances the enjoyment of other human rights and freedoms, yields significant development benefits, facilitates gender equality and promotes peace. It also reduces poverty, boosts economic growth and increases income, increases the chances of having a healthy life, reduces child marriage and maternal deaths and provides individuals with the tools to combat diseases.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["III. Right to education: existing normative framework"]},{"id":"cedaw-c-gc-36-0010","docId":"cedaw-c-gc-36","idx":10,"n":10,"text":"10. Although it is recognized internationally, including by UNESCO, that education can be progressively implemented according to available resources, the aspects of national law that constitute the core of the right to education must be immediately implemented, including ensuring the right of access to public educational institutions and programmes on a non-discriminatory basis, ensuring that education conforms to the objectives set out in international standards, providing primary education for all, adopting and implementing a national educational strategy that includes the provision of fundamental, secondary and higher education and ensuring free choice of education, without interference from the State or third parties, subject to conformity with minimum educational standards.[[fn:7]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":7,"text":"UNESCO, “The right to education: law and policy review guidelines” (2014). Available from http://unesdoc.unesco.org/images/0022/002284/228491e.pdf."}],"section":["III. Right to education: existing normative framework"]},{"id":"cedaw-c-gc-36-0011","docId":"cedaw-c-gc-36","idx":11,"n":11,"text":"11. International legally binding instruments on the right to education include the following: International Covenant on Economic, Social and Cultural Rights (article 13); International Convention on the Elimination of All Forms of Racial Discrimination (article 5); International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (article 30); Convention on the Rights of Persons with Disabilities (article 24); Convention on the Rights of the Child (article 28); International Charter of Physical Education, Physical Activity and Sport of UNESCO (article 1); and Convention on Technical and Vocational Education of UNESCO.","labels":["Migrants","Children","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["III. Right to education: existing normative framework"],"citedArticles":[{"article":"13","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'International Covenant on Economic, Social and Cultural Rights (article 13)' — ICESCR art.13 (right to education) explicit."},{"article":"5","treaty":"CERD","confidence":"high","source":"opus","rationale":"'International Convention on the Elimination of All Forms of Racial Discrimination (article 5)' — CERD art.5 explicit."},{"article":"30","treaty":"CMW","confidence":"high","source":"opus","rationale":"'International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (article 30)' — CMW art.30 explicit."},{"article":"24","treaty":"CRPD","confidence":"high","source":"opus","rationale":"'Convention on the Rights of Persons with Disabilities (article 24)' — CRPD art.24 (education) explicit."},{"article":"28","treaty":"CRC","confidence":"high","source":"opus","rationale":"'Convention on the Rights of the Child (article 28)' — CRC art.28 (right to education) explicit."},{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"'International Charter of Physical Education, Physical Activity and Sport of UNESCO (article 1)' — UNESCO instrument, not a UN core human rights treaty in the codelist."}]},{"id":"cedaw-c-gc-36-0012","docId":"cedaw-c-gc-36","idx":12,"n":12,"text":"12. Non-binding political commitments and global strategies reiterate the responsibilities of Governments in recognizing education as a catalyst for accelerating national development and social transformation. States are called upon to take strategic action in confronting inequalities and inadequacies in the access of girls and women to education and training. They include the following: Programme of Action of the International Conference on Population and Development, 1994; Beijing Platform for Action, 1995; World Declaration on Education for All, 1990; Dakar Framework for Action, 2000; Millennium Development Goals. 2000; and 2030 Agenda for Sustainable Development, 2015, which includes the Sustainable Development Goals and targets aimed at the elimination of all forms of discrimination against all women and girls.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["III. Right to education: existing normative framework"]},{"id":"cedaw-c-gc-36-0013","docId":"cedaw-c-gc-36","idx":13,"n":13,"text":"13. Education that empowers girls and women equips them with capacities to claim and exercise broader socioeconomic, cultural and political rights, on an equal basis with boys and men in their societies. To achieve gender equality all aspects of the education system, laws and policies, educational content, pedagogies and learning environments should be gender sensitive, responsive to the needs of girls and women and transformative for all.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0014","docId":"cedaw-c-gc-36","idx":14,"n":14,"text":"14. The present general recommendation is grounded in a human rights framework for education, which is focused on three dimensions. The first is the right of access to education; the second, rights within education; and the third, the instrumentalization of education for the enjoyment of all human rights through education. The tripartite framework largely reflects the rights set out by the Special Rapporteur on the right to education in the framework on governmental obligations on school accessibility, availability, acceptability and adaptability[[fn:8]] and referred to below.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":8,"text":"See E/CN.4/1999/49."}],"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0015","docId":"cedaw-c-gc-36","idx":15,"n":15,"text":"15. The right of access to education involves participation and is reflected in the extent to which girls and boys and women and men are equally represented and the extent to which there is adequate infrastructure at the various levels to accommodate the respective age cohorts. Attendance, retention in school and transition from one level to another are indicators of the degree to which the right of access to education is respected.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0016","docId":"cedaw-c-gc-36","idx":16,"n":16,"text":"16. Rights within education extend beyond numerical equality and are aimed at promoting substantive gender equality in education. They concern equality of treatment and opportunity, as well as the nature of gender relations between female and male students and teachers in educational settings. The equality dimension is particularly important, given that society shapes and reproduces gender-based inequalities through social institutions, and educational institutions are critical players in that regard. Instead of challenging entrenched discriminatory gender norms and practices, in many societies, gender stereotypes are reinforced through schooling and it maintains the gender order of society, expressed through the reproduction of the female/male and subordination/domination hierarchies and the reproductive/\nproductive and private/public dichotomies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0017","docId":"cedaw-c-gc-36","idx":17,"n":17,"text":"17. Rights through education define the ways in which schooling shapes rights and gender equality in aspects of life outside the sphere of education. The absence of such a right is particularly evident when education, which should be transformational, fails to significantly advance the position of women in the social, cultural, political and economic fields, thereby denying their full enjoyment of rights in those arenas. A central concern is whether certification carries the same value and social currency for women as for men. Global trends show that, in many instances, even where the educational attainment of males is lower than that of females, males occupy better positions in those arenas.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0018","docId":"cedaw-c-gc-36","idx":18,"n":18,"text":"18. The present general recommendation is aimed at ensuring that regional disparities and within-country inequalities based on the multiple and intersecting forms of discrimination that prevent girls and women from enjoying rights to, within and through education are addressed and ultimately eliminated. The present general recommendation expands upon article 10 of the Convention and links it with all other articles and the relevant existing general recommendations to establish the correlation between the right to education and the enjoyment of other rights enshrined in the Convention.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0019","docId":"cedaw-c-gc-36","idx":19,"n":19,"text":"19. The target users of the present general recommendation include: all State officials tasked with the formulation and implementation of legal and policy decisions pertaining to public and private education at all levels; academia and researchers; student, teacher and parent associations; government agencies and non-governmental organizations engaged in girls’ and women’s education; traditional and faith-based organizations; the media; and corporate organizations and trade unions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0020","docId":"cedaw-c-gc-36","idx":20,"n":20,"text":"20. The Convention is the international bill of rights for women and serves as binding international law for the 189 States that have ratified it as at June 2017. Article 10 addresses women’s and girls’ legal right to education; States parties are to take all appropriate measures to eliminate discrimination against women in order to ensure them equal rights with men in the field of education and thereby to eliminate discrimination against women in education throughout the life cycle and at all levels of education. To meet the criterion of non-discrimination, education must be accessible, in both law and practice, to all girls and women, including those belonging to disadvantaged and marginalized groups, without discrimination on any prohibited ground.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["V. Addressing gender-based discrimination in education"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0021","docId":"cedaw-c-gc-36","idx":21,"n":21,"text":"21. Article 1 of the Convention defines discrimination as any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. States parties are required therefore to ensure not only that education is recognized as a human right but also that appropriate conditions are created for that right to be fully and freely enjoyed and exercised by girls and women.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["V. Addressing gender-based discrimination in education"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-36-0022","docId":"cedaw-c-gc-36","idx":22,"n":22,"text":"22. In specifying situations and requirements by which States parties must ensure the realization of the right for men and women, and their enjoyment of that right, on an equal basis, article 2 of the Convention reaffirms both negative and positive obligations. Its core is the prohibition of discrimination, which implies that States parties must refrain from interfering, directly or indirectly, with the full enjoyment by girls and women of their right to education — the obligation to respect. Similarly, States parties must take positive steps to meet their obligation to fulfil, by ensuring rights to, within and through education for the full development of the potential of girls and women on an equal basis with men.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["V. Addressing gender-based discrimination in education"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-36-0023","docId":"cedaw-c-gc-36","idx":23,"n":23,"text":"23. The gains in numerical equality that girls and women have made in the field of education in some regions of the world conceal the continuing discrimination that they face in spite of the existence of formal legal and policy frameworks intended to promote de facto equality. The protections of equality contained in formal instruments are effective only if those instruments are enforced, in line with provisions set out in articles 1 and 2 of the Convention.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["V. Addressing gender-based discrimination in education"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-36-0024","docId":"cedaw-c-gc-36","idx":24,"n":24,"text":"The Committee recommends that States parties institute the following measures to respect, protect and fulfil the rights of girls and women to, within and through education: (a) Enhance compliance with article 10 of the Convention and raise awareness in society of the importance of education as a fundamental human right and the basis for the empowerment of women; (b) Integrate age-appropriate education on women’s human rights and the Convention into school curricula at all levels; (c) Undertake constitutional amendments and/or other appropriate legislative action to ensure the protection and enforcement of the rights of girls and women to, within and through education; (d) Enact legislation that provides for the right to education, throughout the life cycle, for all girls and women, including all disadvantaged groups of women and girls; (e) Eradicate and/or reform policies, institutional, administrative and regulatory directives and practices that directly or indirectly discriminate against girls or women within the education sector; (f) Enact legislation that sets the minimum age of marriage for girls at 18 years and, in compliance with international standards, align the end of compulsory education with the minimum age of employment; (g) Review and/or abolish laws and policies that allow the expulsion of pregnant girls and teachers and ensure that there are no restrictions on their return following childbirth; (h) Recognize rights in education as legally enforceable and that, upon the violation of those rights, girls and women have equal and effective access to justice and the right to remedies, including reparation; (i) Monitor the implementation of the national, regional and international provisions governing the right of girls and women to education, ensuring the right to remedy where there are violations; (j) Work with the international community and civil society towards the enhancement and development of the right of girls and women to education.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["V. Addressing gender-based discrimination in education"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0025","docId":"cedaw-c-gc-36","idx":25,"n":25,"text":"25. Discrimination faced by girls and women in education is both ideological and structural. The ideological dimension is addressed in articles 5 and 10 (c) of the Convention; States parties are to modify accepted social and cultural patterns of conduct of men and women which are based on stereotyped roles for women and men, which is of paramount significance in ensuring that women and girls can enjoy their rights to, within and through education, and essential, as these discriminatory practices not only are exercised at the individual level but also are codified in law, policy and programmes and are therefore perpetuated and enforced by the State.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VI. Addressing gender stereotyping"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0026","docId":"cedaw-c-gc-36","idx":26,"n":26,"text":"26. In article 5 (a), the structural dimension of discrimination is described as being rooted in prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women. States parties are to adopt measures towards a real transformation of opportunities, institutions and systems so that they are no longer grounded in historically determined male paradigms of power and life patterns. The education system is an example of an area for transformation that, once achieved, can accelerate positive change in other areas.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VI. Addressing gender stereotyping"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-36-0027","docId":"cedaw-c-gc-36","idx":27,"n":27,"text":"In line with articles 5 and 10 (c) of the Convention, the Committee recommends that States parties strengthen efforts and take proactive measures to eliminate gender stereotyping in education that perpetuates direct and indirect discrimination against girls and women by: (a) Challenging and changing patriarchal ideologies and structures that limit girls and women from freely and fully exercising and enjoying their human rights to, within and through education; (b) Developing and implementing policies and programmes, including awareness-raising and educational campaigns about the Convention, gender relations and gender equality, at all levels of schooling and among society at large, directed at modifying the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary practices, in line with article 5 (a) of the Convention; (c) Encouraging the media to project positive and non-sexualized images of women, including women and girls from ethnic minority groups, older women and women and girls with disabilities, and promote the value of gender equality for society as a whole; (d) Revising and developing non-stereotypical educational curricula, textbooks and teaching materials to eliminate traditional gender stereotypes that reproduce and reinforce gender-based discrimination against girls and women and to promote more balanced, accurate, healthy and positive projections of the images and voices of women and girls; (e) Instituting mandatory training of teaching staff at all levels of education on gender issues and gender sensitivity and the impact of gendered behaviours on teaching and learning processes.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VI. Addressing gender stereotyping"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-36-0028","docId":"cedaw-c-gc-36","idx":28,"n":28,"text":"28. The right of girls and women of access to high-quality education is based on the availability of adequate infrastructure to meet their needs. Without such availability, the right of access is compromised. When girls and women lack access to high-quality education, they ultimately face major difficulties, including lack of personal autonomy and choices, including control over their health and sexual and reproductive decisions, lower-quality health care for themselves and their children, intergenerational poverty and lack of power-sharing and participation on an equal basis with boys and men in both the private and public domains. Ensuring that right necessitates paying due attention to physical, technological and economic access, in particular for disadvantaged groups and those in precarious situations.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education"]},{"id":"cedaw-c-gc-36-0029","docId":"cedaw-c-gc-36","idx":29,"n":29,"text":"29. Availability refers to providing functioning educational institutions and programmes in sufficient quantity to meet the needs of girls and women within the jurisdiction of the State party irrespective of their location (article 14) or any other factor. Access to educational institutions must be provided within safe reach for girls and women, either by ensuring that they are accessible at some reasonably convenient geographical location or through technological means. Proximity to schools, in particular in rural areas, is crucial, given the prevalence of gender-based violence against girls and women in public spaces and the risk that they face when travelling to and from school. School distance can constitute an significant barrier to school attendance, especially in rural areas, where over 80 per cent of all out-of-school children live.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Physical access: availability of adequate infrastructure"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-36-0030","docId":"cedaw-c-gc-36","idx":30,"n":30,"text":"30. Essential consideration must be given to providing adequate infrastructure in educational institutions in order to remove the barriers to the successful completion of school faced by girls from the age of menarche. Lack of an enabling school environment, including inadequate water and sanitation and hygiene facilities segregated by gender, untrained or unsupportive staff, lack of appropriate sanitary protection materials and lack of information on puberty and menstrual issues, contribute to social exclusion, reduced participation in and focus on learning and decreased school attendance.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Physical access: availability of adequate infrastructure"]},{"id":"cedaw-c-gc-36-0031","docId":"cedaw-c-gc-36","idx":31,"n":31,"text":"The Committee recommends that States parties take the following measures to ensure the availability of physical facilities for the education of girls and women: (a) Provide adequate budgetary, human and administrative resources to ensure that adequate provision is made at the primary and secondary levels to accommodate all girls according to their respective population age cohorts; (b) Address imbalances in budgetary allocations for disadvantaged and marginalized groups of girls and women based on socioeconomic status, location, ethnicity, gender identity and religious persuasion; (c) Institute temporary special measures, in line with article 4 of the Convention, to increase the number of qualified teachers, in particular women, where the teaching force consists predominantly of men, including through the provision of appropriate and continued training; (d) Monitor the implementation of the right of girls and women to education by regularly collecting data disaggregated by sex, location, age, school type and ethnic group on access at all levels of education, including the following indicators: number of female and male students enrolled, and as a proportion of the overall school-age population, at each level of education; retention, dropout, attendance and repetition rates; average years of schooling for female and male students; rate of successful transition between school levels, including for early childhood to primary, primary to secondary and secondary to tertiary or vocational; number of male and female teachers, as an indication of the level of parity among teachers; and female and male literacy rates at different age levels; and by using the information to inform decision-making, policy formulation and periodic reports to the Committee on barriers to girls’ and women’s access to education; (e) Adopt strategies to encourage and monitor school enrolment, attendance, retention and reintegration after dropout, based on disaggregated data; (f) Improve sanitation facilities by providing sex-segregated toilets and washrooms in all schools, as well as access to safe drinking water.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Physical access: availability of adequate infrastructure"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-36-0032","docId":"cedaw-c-gc-36","idx":32,"n":32,"text":"The Committee recommends that States parties take the following measures to ensure access to education for all girls and women: (a) Ensure that girls and women living in rural and remote areas have access to education, in line with articles 4 and 14 (d) of the Convention, and adopt temporary special measures, when appropriate, to support their right to education; (b) Ensure that schools are physically accessible and located within safe distances from students’ homes, in particular in rural and remote areas; (c) Provide opportunities for access to programmes of continuing education, including adult and functional literacy programmes, in particular those aimed at reducing any gaps in education between men and women (article 10 (e)); (d) Institute policy initiatives, including social protection programmes, school feeding initiatives and the provision of sanitary protection materials to increase school attendance, in particular in rural and remote areas; (e) Provide hostels and transportation for girls where the distance between home and school inhibits access to education and ensure that girls in such facilities are protected from sexual and other forms of abuse; (f) Train teachers to provide a supportive environment and culture that allows pubescent girls to participate confidently in learning, without fear, shame or risk.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Physical access: availability of adequate infrastructure"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0033","docId":"cedaw-c-gc-36","idx":33,"n":33,"text":"33. Where financing is limited, an alternative to providing physical access to educational facilities is through the use of information and communications technologies in distance and open learning settings. Such approaches provide distinct benefits for girls and women with limited access to conventional forms of education and training, including those who are excluded owing to distance from school in rural areas, domestic work and parental responsibilities, in particular in cases of child marriage and adolescent pregnancy, and on the basis of other social and cultural barriers. Women who want to pursue advanced education while combining work and domestic responsibilities also benefit from those possibilities.","labels":["Women/girls","Children","Adolescents","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Technological accessibility"]},{"id":"cedaw-c-gc-36-0034","docId":"cedaw-c-gc-36","idx":34,"n":34,"text":"34. Other distinct benefits that can be derived from the use of open learning technologies are the development of new patterns of teaching and learning, the fostering of a new learning culture, increased flexibility for adult learners, opportunities for employers to provide cost-effective professional development on the job and opportunities for Governments to increase the cost-effectiveness of and capacity for education and training.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Technological accessibility"]},{"id":"cedaw-c-gc-36-0035","docId":"cedaw-c-gc-36","idx":35,"n":35,"text":"The Committee recommends that States parties take the following measures where opportunities for girls and women to gain access to education through distance and open learning do not exist: (a) Examine the feasibility of introducing access, at the upper secondary and tertiary levels, by setting up facilities to provide certification through the pursuit of open learning opportunities; (b) Upgrade teachers’ knowledge and competence in the use of information and communications technologies and provide training in the skills required to operate in an open learning environment; (c) Ensure that girls and women belonging to disadvantaged groups, those from rural communities and those with low levels of literacy are not excluded from such opportunities owing to a lack of access to the tools and the skills required for meaningful participation.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Technological accessibility"]},{"id":"cedaw-c-gc-36-0036","docId":"cedaw-c-gc-36","idx":36,"n":36,"text":"36. Education must be affordable for all, without discrimination based on sex or any other prohibited ground, and should be free and compulsory from preschool through secondary school and progressively made free through the tertiary level. Despite the existence of legislation providing for free education up to a stipulated age or grade level, in many States parties, auxiliary fees are imposed on students attending public schools to augment government subsidies. In addition, parents are faced with meeting the hidden costs of uniforms, transportation, textbooks and other school materials, school lunch and various levies and user fees, with students from the poorest quintile being most adversely affected and often stigmatized.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Economic accessibility"]},{"id":"cedaw-c-gc-36-0037","docId":"cedaw-c-gc-36","idx":37,"n":37,"text":"37. The monetization of access, through user fees, forces poor parents to choose which of their children to send to school, and they often show a preference for educating boys over girls. They decide on the basis of what they believe will be the maximum economic benefit to the family, over the long term, of their educational investment. Because of entrenched gender inequality, labour markets generally favour men. Parents therefore conclude that it is better to educate boys, who are able to gain access to better employment opportunities after their schooling. Parents’ choices are also influenced by stereotypes that place girls in the domestic sphere.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Economic accessibility"]},{"id":"cedaw-c-gc-36-0038","docId":"cedaw-c-gc-36","idx":38,"n":38,"text":"38. In the context of economic crises, many States parties make cuts to social services, and education is outsourced to private entities, as well as provided by nonState organizations such as religious or community groups or non-governmental organizations. It has been established that privatization has specific negative consequences for girls and women, and in particular girls from poorer families, namely, their exclusion from education.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Economic accessibility"]},{"id":"cedaw-c-gc-36-0039","docId":"cedaw-c-gc-36","idx":39,"n":39,"text":"The Committee recommends that States parties take all measures to ensure that user fees and hidden costs do not have a negative impact on girls’ and women’s access to education by instituting the following measures: (a) Universal, free and compulsory education from preschool to secondary school, regardless of socioeconomic status, for citizens of the State party, as well as for girls and women with migrant or refugee status; (b) Affordable education at the tertiary level, by reducing user fees and indirect and opportunity costs; (c) Introduction of social safety nets and other measures to ensure that girls and women from lower socioeconomic strata are not denied access to any level of education on the basis of their inability to pay user fees or meet hidden costs; (d) Ensuring that private actors respect the same standards regarding non-discrimination of girls and women as do public institutions, as a condition of their running academic institutions; (e) Campaigns targeting parents and the wider society to overcome male preference where education is concerned and recognize the value of educating girls.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Economic accessibility"]},{"id":"cedaw-c-gc-36-0040","docId":"cedaw-c-gc-36","idx":40,"n":40,"text":"40. Many girls and women are excluded from education and are marginalized because they are simultaneously exposed to the intersection of multiple forms of discrimination, as well as owing to lack of relevance of the curriculum, teaching conducted only in the majority language, exposure to violence, stigma or poverty. Such disadvantaged or vulnerable groups include the following.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0041","docId":"cedaw-c-gc-36","idx":41,"n":41,"text":"41. The majority of girls not in primary school belong to ethnic minority groups and other excluded groups. The main factors having an impact on the access of those groups to education include poverty, discrimination, lack of cultural relevance and, often, instruction delivered only in the dominant language, resulting in lower educational achievement, higher dropout rates, loss of heritage languages and lower self-esteem.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0042","docId":"cedaw-c-gc-36","idx":42,"n":42,"text":"42. When forcibly uprooted, girls and women in those situations end up in camps with no schools or in makeshift schools with limited capacity, without curricula or instruction in their languages. Displacement causes particular barriers to learning; human resources may be lost and physical infrastructure destroyed and, during flight, children may lose State-mandated documentation, thereby preventing them from enrolling in new schools. Girls can be particularly affected during displacement because the situation of increased insecurity causes some parents to keep girls at home.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0043","docId":"cedaw-c-gc-36","idx":43,"n":43,"text":"43. Millions of girls and women with disabilities are deprived of the right to education as a result of intersecting forms of discrimination, on the basis of gender and disability. According to UNESCO, a third of out-of-school children worldwide are children with disabilities.[[fn:9]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":9,"text":"See https://en.unesco.org/themes/inclusion-in-education."}],"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0044","docId":"cedaw-c-gc-36","idx":44,"n":44,"text":"44. Many Governments officially promote inclusive education; however, in practice, children with disabilities, especially girls, are either excluded or segregated in special schools. Low attendance rates of children with disabilities, in particular girls, have similar causes globally, namely, lack of physical accessibility, refusal of teachers or school principals to enrol such children, lack of accommodation of their needs in school curricula and teaching materials and, more generally, stigma and lack of awareness among parents and communities, which yield negative attitudes about the learning capacities of women and girls with disabilities. Additionally, the number of teachers trained to address students with special needs is often inadequate.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0045","docId":"cedaw-c-gc-36","idx":45,"n":45,"text":"45. Bullying, harassment and threats against such students by fellow students and teachers constitute barriers to their right to education. Schools perpetuate and reinforce social prejudices, often as a result of the poor implementation of policies by school governance bodies, as well as irregular enforcement of non-discrimination policies by teachers, principals and other school authorities. Limited education and cultural taboos are among the factors that prevent lesbian, bisexual, transgender, and intersex students from achieving social mobility and increase their vulnerability to violence.","labels":["LGBTI+","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0046","docId":"cedaw-c-gc-36","idx":46,"n":46,"text":"The Committee recommends that States parties take all appropriate measures to ensure the right of all categories of disadvantaged and marginalized groups to education by eliminating stereotyping and discrimination, removing barriers to access and implementing the following measures: (a) Address stereotyping, in particular of indigenous girls and women and of those from minority groups, that puts them at risk in gaining access to education, exposes them to violence in school and the community and on their way to and from school, especially in remote areas; (b) Address the low socioeconomic status and living conditions, in particular of indigenous girls and women and of those from minority groups, that are barriers to gaining access to education, in particular in the light of male preference where schooling is concerned in situations of scarce financial resources; (c) Ensure, when necessary, in collaboration with donors and humanitarian agencies, that adequate provision is made for the education and safety of all disadvantaged groups of girls and women; (d) Ensure that the application of a mandatory dress code and banning of specific clothing does not hamper access to inclusive education, in particular for those of migrant backgrounds; (e) Eliminate all forms of discrimination against girls and women with disabilities by identifying and removing legal, physical, social, financial, attitudinal, communication and language barriers within educational institutions and the community; (f) Take the measures necessary to ensure non-discrimination against girls and women with disabilities at all levels of education by providing inclusive education in learning environments offering reasonable accommodation; (g) Ensure the physical accessibility of educational institutions and prevent principals from blocking the enrolment of students with disabilities, in particular girls, and ensure that curricula, teaching materials and pedagogical strategies are tailored to the unique needs of individuals affected by the various forms of disability; (h) In line with article 4 of the Convention, on temporary special measures, institute incentives to attract and train special education teachers for all levels of education; (i) Address discrimination against lesbian, bisexual, and transgender, women and girls, and intersex persons by ensuring that policies are in place to address the obstacles that impede their access to education.","labels":["Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities","LGBTI+","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-36-0047","docId":"cedaw-c-gc-36","idx":47,"n":47,"text":"47. Another factor constraining girls’ and women’s access to education is the total breakdown of infrastructure for State public service provision owing to armed conflict, resulting in the lack of delivery of essential services to the population. In conflict-affected areas, schools are closed owing to insecurity, occupied by State and non-State armed groups or destroyed, all of which impede girls’ access to school. In its general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations, the Committee noted that other factors preventing girls’ access to education include targeted attacks and threats to them and their teachers by non-State actors, as well as the additional caregiving and household responsibilities that they are obliged to undertake.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Access to education during situations of conflict and natural disaster"]},{"id":"cedaw-c-gc-36-0048","docId":"cedaw-c-gc-36","idx":48,"n":48,"text":"48. According to the Global Coalition to Protect Education from Attack, between 2005 and 2012, educational institutions were used in conflicts in at least 24 countries, across four continents. In addition to the risk of death or severe injury from attacks, students attending classes in schools under occupation by troops or armed forces may be exposed to physical or sexual abuse, with girls at greater risk than boys. The presence of armed men often discourages families from sending girls to school for fear that they will become victims of sexual violence or be subjected to sexual harassment. They therefore often marry off their daughters at an early age, believing that it may afford them protection. Overall, attacks on education and use of schools and universities by the military or armed groups have a disproportionate or discriminatory impact upon girls and women.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Access to education during situations of conflict and natural disaster"]},{"id":"cedaw-c-gc-36-0049","docId":"cedaw-c-gc-36","idx":49,"n":49,"text":"49. Women and children are the most vulnerable groups during any natural disaster. The destruction of or use of schools as community shelters for affected families have serious consequences for access to education, causing loss of time for classroom instruction and high dropout rates.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Access to education during situations of conflict and natural disaster"]},{"id":"cedaw-c-gc-36-0050","docId":"cedaw-c-gc-36","idx":50,"n":50,"text":"The Committee recommends that, in situations of conflict and natural disaster States parties implement the following measures to minimize their impact on girls’ and women’s access to education and to protect their rights to education and safety: (a) Enact legislation, revise military practice and policy and introduce training to prohibit national armed forces and armed groups from using or occupying schools, school grounds or other educational facilities and institutions in a manner that violates international humanitarian law and/or the right to education under international human rights law; (b) Institute measures to protect female students and teachers from physical and sexual abuse by State and non-State actors occupying educational institutions; (c) Assess and address the impact of armed conflict on girls’ and women’s access to education; (d) Bearing in mind Security Council resolution 1325 (2000) on women and peace and security and subsequent resolutions on women and peace and security, demonstrate a proactive commitment to take the measures necessary to prevent targeted attacks on educational institutions and to protect women and girls; (e) Ensure the meaningful participation of women in monitoring attacks and in developing preventive, protective and peacebuilding measures, and ensure the participation of women, including those from disadvantaged groups, in their development; (f) Devise effective, coordinated, reconstructive and rapid responses, including both legal and non-legal accountability measures to hold perpetrators accountable; (g) Systematically investigate and prosecute, in accordance with international standards, those individuals responsible for ordering, taking part in or bearing command responsibility for the range of violations of international human rights, humanitarian and criminal law that constitute attacks on education; (h) Ensure that, when schools are destroyed or used as shelters during natural disasters, girls’ and women’s access to schooling is not unduly curtailed; (i) Give priority to the rehabilitation of schools affected by natural disasters, especially those serving disadvantaged girls and women; (j) Ensure that all new school buildings adhere to prescribed building codes which incorporate disaster resilience, and carry out regular audits on existing schools.","labels":["Women/girls","Children","Persons affected by natural disasters","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Access to education during situations of conflict and natural disaster"]},{"id":"cedaw-c-gc-36-0051","docId":"cedaw-c-gc-36","idx":51,"n":51,"text":"51. Even where there is adequate provision of education and accessibility is not a constraining factor, the persistence of patriarchal systems and cultural norms and practices based on those systems and the traditional roles associated with girls and women, can become powerful barriers to the enjoyment by girls and women of their right to education.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Cultural barriers"]},{"id":"cedaw-c-gc-36-0052","docId":"cedaw-c-gc-36","idx":52,"n":52,"text":"52. When girls are not in school, they are more likely to be forced to marry. The discriminatory and harmful practices of child and/or forced marriage, associated with religious or cultural practices in some societies, negatively impacts the right to education. When girls are unable to finish their education because of child and/or forced marriage and pregnancy, they face practical barriers, including forced exclusion from school, social norms confining girls to the home and stigma. Child marriage also contributes to an increased risk of domestic violence, reproductive health risks and limitations to the right to freedom of movement. By failing to curb child marriage, Governments fail in their obligation to ensure access to education for girls on an equal basis with boys.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Cultural barriers"]},{"id":"cedaw-c-gc-36-0053","docId":"cedaw-c-gc-36","idx":53,"n":53,"text":"53. In some regions of the world, the pervasive cultural practice of female genital mutilation hinders and/or ends girls’ education. Complications following the procedure can cause girls to be less focused in school or absent, resulting in poor performance and ultimately premature termination of their studies. In some countries, the high cost associated with the procedure also has an impact on parents’ capacity to subsequently meet school expenses, resulting in girls dropping out of school. Forced marriage after the procedure, considered an initiation into maturity, can also lead to dropout due to pregnancy or a focus on responsibilities in the home.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Cultural barriers"]},{"id":"cedaw-c-gc-36-0054","docId":"cedaw-c-gc-36","idx":54,"n":54,"text":"54. Poverty, combined with cultural practices, necessitates children’s undertaking both paid and unpaid work. In a report of 2015 on child labour and education,[[fn:10]] the International Labour Organization (ILO) indicated that 168 million children 5 to 17 years of age were trapped in child labour. Girls are overrepresented in the care economy involving work in their own or others’ households and bear the double burden of work inside and outside the home, often with little or no time left for schooling. For those who manage to combine school and work, performance often suffers, leading to dropout. In many regions, the practice of child labour is also culturally determined, with children incorporated in family-related work in particular seasons or on certain days of the week.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":10,"text":"ILO, World Report on Child Labour 2015: Paving the way to decent work for young people (2015)."}],"section":["VII. The right of access to education","Cultural barriers"]},{"id":"cedaw-c-gc-36-0055","docId":"cedaw-c-gc-36","idx":55,"n":55,"text":"The Committee recommends that States parties take the following measures to mitigate the impact of cultural and religious practices on girls’ and women’s access to education: (a) Protect girls and women from being deprived of their right to education on the basis of patriarchal, religious or cultural norms and practices, in line with joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices; (b) Facilitate dialogue with religious and traditional leaders on the value of educating girls and the importance of addressing practices and customs that act as barriers to their participation at all levels of education; (c) Ensure that the minimum age of marriage, with or without parental consent, is set at 18 for girls, in line with joint general recommendation No. 31/general comment No. 18; (d) Integrate the topic of female genital mutilation into formal and non-formal education, so that it is openly discussed, without stigma, to enable girls and women to receive accurate information on the detrimental and harmful effects of the practice, in line with the Committee’s general recommendation No. 14 (1990) on female circumcision; (e) Train teachers, facilitators and youth workers to equip them to educate girls about female genital mutilation and support those at risk of undergoing the procedure or who have already undergone the procedure; (f) Encourage religious and community leaders to oppose the practice of female genital mutilation and to inform and educate their communities on the dangers of the practice; (g) Formulate re-entry and inclusive education policies enabling pregnant girls, young mothers and married girls under 18 years of age to remain in or return to school without delay and ensure that such policies are disseminated to all educational establishments and administrators, as well as among parents and communities; (h) Address practices that may hinder access to education, such as involving girls in unpaid labour in the home; (i) Ensure that all children, in particular girls, under the minimum age of employment are in school full time, including, where appropriate and consistent with the relevant international labour standards, in vocational or technical school.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Cultural barriers"]},{"id":"cedaw-c-gc-36-0056","docId":"cedaw-c-gc-36","idx":56,"n":56,"text":"56. Girls’ and women’s rights within education relate to the governmental obligation to make education acceptable.[[fn:11]] Acceptability addresses issues of the form (content) and substance (quality) of education, which apply to the school setting, as well as educational content and method. The realization of rights within education requires the government’s provision of funds, the necessary infrastructure, support and supplies for students and teachers. It also requires that girls be ensured equal access to the same quality of education as boys, in terms of the quality of teachers and amenities, and an environment characterized by girls and women having opportunities to pursue goals towards their self-determination and self-actualization. Rights within education, therefore, encompass respect for and promotion of the human rights of girls and women throughout the education cycle.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":11,"text":"See para. 14 above."}],"section":["VIII. Rights within education"]},{"id":"cedaw-c-gc-36-0057","docId":"cedaw-c-gc-36","idx":57,"n":57,"text":"57. The lack of respect and dignity that girls and women experience in educational institutions, depending upon the gender regime of the school, is a reflection of the wider social order. An environment lacking respect and dignity for girls and women is often marked by entrenched patriarchal ideologies, practices and structures that shape the daily experience of teachers and students. As a result of girls being exposed to such an environment, which can be one of physical, emotional and sexual abuse, for as many as 10 years or more, they are denied their rights within the education arena. Various issues need to be addressed to ensure that girls and women, including the staff of educational institutions, can enjoy equality of treatment and opportunity.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education"]},{"id":"cedaw-c-gc-36-0058","docId":"cedaw-c-gc-36","idx":58,"n":58,"text":"58. In general, education systems are highly differentiated in the ways by which students are sorted, in particular at the point of transition from the primary and secondary levels, into schools and/or streams that stress either vocational or academic training. In some systems, once students are placed, movement between vocational or academic training is challenging. Socioeconomic status strongly influences student placement into the different types of schools. Students of high economic status are more likely to attend academically oriented schools offering high-status knowledge that provides a direct pathway to tertiary education. Highly differentiated education systems therefore maintain socioeconomic inequalities from quite early in the lifecycle and well before students complete their education and enter the labour force.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"]},{"id":"cedaw-c-gc-36-0059","docId":"cedaw-c-gc-36","idx":59,"n":59,"text":"59. In such a differentiated education system there are also marked differences in the material resources allocated to schools to support delivery of the curricula. Schools in communities of lower socioeconomic status are generally more poorly endowed both in terms of material resources and teacher quality compared with those of higher socioeconomic status, with students in the latter better positioned to benefit from parental subsidies to offset insufficient public funding.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"]},{"id":"cedaw-c-gc-36-0060","docId":"cedaw-c-gc-36","idx":60,"n":60,"text":"60. Between and within school types, students are also differentiated on the basis of perceptions of appropriate subject options for each sex. In academic schools, girls are often clustered in programmes in the humanities and underrepresented in science, technology, engineering and mathematics, while, in vocational schools, women and girls predominate in areas such as food and nutrition, cosmetology and clerical studies. The stratification of students and knowledge ultimately leads to girls being propelled into what are socially regarded as low-status occupations. Such stratification has the potential for further reinforcement in single-sex schools, where often the only subjects deemed suitable for the particular sex are offered. As a result, a school for girls would not offer instruction in woodworking, or building and construction. Facilitating the realization of the right of girls and women to the same quality education as that offered to boys and men entails providing for the full range of academic and vocational subjects in schools and not reinforcing segregation of the curricula by sex.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"]},{"id":"cedaw-c-gc-36-0061","docId":"cedaw-c-gc-36","idx":61,"n":61,"text":"61. A critical technical and vocational area in which girls and women are underrepresented is in information and communications technology. Sixty per cent of people in the world, most of them girls and women, are denied the right of access to the transformative power of the Internet. To overcome the digital divide between men and women in the use of new technologies and to provide women with equal access to information and employment opportunities in those industries, schools need to address the barriers that result in their exclusion.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"]},{"id":"cedaw-c-gc-36-0062","docId":"cedaw-c-gc-36","idx":62,"n":62,"text":"62. Article 10 (g) of the Convention provides that States parties are to ensure that girls and women have the same opportunities as boys and men to actively participate in sports and physical education. However, on the basis of prevailing stereotypes, positive outcomes for the empowerment of women and gender equality in that sphere are constrained by discrimination in all areas of sports and physical activity. Sex segregation persists, and the participation of women in decision-making is limited at both the national and international levels. In addition, the value placed on women’s sports is often lower, resulting in the inadequate allocation of resources to support their participation, as well as the lower remuneration of women athletes. Media representations of women in sports also influence prevailing stereotypes. Violence against women, exploitation and harassment in sports also reflect traditional male domination in the sporting arena.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0063","docId":"cedaw-c-gc-36","idx":63,"n":63,"text":"63. The Committee recommends that States parties take the following actions to ensure that education systems allow for equal opportunities for both sexes and for free choice of courses of study and of careers: (a) Reform and standardize, as necessary, the education system to ensure the equitable distribution of all educational resources in all schools regardless of the location or population served; (b) Eliminate ideological and structural barriers in co-educational schools, in particular at the secondary level, including such barriers as school timetables that are arranged so that only subjects segregated by sex are offered in a given time slot, which obliges students to take the sex-segregated class and precludes interaction and discussion between girls and boys on those subjects, and teacher attitudes that prevent girls from making free choices in terms of subject choice and course options; (c) Equip teacher trainees and teachers to provide career counselling for students and parents to address and modify the entrenched perceptions of which subjects and careers are appropriate for each sex; (d) Institute measures to increase the participation of women and girls in science, technology, engineering and mathematics programmes, at all levels of education, by providing such special incentives as scholarships and adopting temporary special measures, in line with article 4 of the Convention and the Committee’s general recommendation No. 25 (2004) on temporary special measures; (e) Ensure that, in single-sex schools, the full range of subjects, in particular in the technical and vocational areas, are offered so that girls have the opportunity to participate in male-dominated areas, and vice versa, to allow for wider career options; (f) Develop national information and communications technology plans or strategies with specific targets for achieving gender equity in access to information and communications technologies in schools and tertiary-level institutions, backed by specific programmes that can be implemented in schools and with a budget necessary for their delivery and the gathering of timely data disaggregated by sex for the monitoring of the achievement of targets; (g) Institute clear legislative and policy measures to ensure that, when girls and women participate in male-dominated disciplines and activities in educational institutions, they are protected from sexual harassment and violence; (h) Provide equal opportunities in educational institutions for girls and women to freely choose areas of physical activity and sport in which they wish to engage and to enjoy the health and psychological benefits that accrue from such engagement; (i) Address traditional stereotypes and provide facilities that allow for the participation of girls and women in male-dominated physical activities and sports in both co-educational and female single-sex educational institutions; (j) Institute positive actions, preferential treatment or quota systems, in the areas of sport, culture and recreation, in line with general recommendation No. 25 and, where necessary, direct such measures at girls and women who are subjected to multiple forms of discrimination, including rural women, in accordance with general recommendation No. 34 (2016) on the rights of rural women.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-36-0064","docId":"cedaw-c-gc-36","idx":64,"n":64,"text":"64. Gender inequality in education includes differential treatment whereby one sex is favoured or given preferential access to rewards by the school system, in terms of attention, grades, opportunities and praise, and more lenient punishment for misbehaviour. Gender inequality is also manifested in unequal access to non-material status and power in teacher-student interactions. In educational settings, the way girls experience such inequality is influenced by several attributes, including their sex, socioeconomic status, race or ethnicity or belonging to a minority group, appearance and language patterns.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"]},{"id":"cedaw-c-gc-36-0065","docId":"cedaw-c-gc-36","idx":65,"n":65,"text":"65. Another area in which girls and women are adversely affected is in the sexual politics associated with their participation in education. Sexual politics in schools refers to gender relations marked by unwarranted sexual overtones, such as the sexual harassment of girls in schools or on the way to and from school. They may be confronted with sexual harassment and abuse perpetrated by students, teachers and community members, as well as biased treatment in school. Sexual assault and other forms of gender-based violence in schools significantly contribute to low self-esteem, poor educational achievement and have adverse long-term effects on health and well-being. As a result of violence, girls are kept out of school, drop out of school or do not fully participate in school. Violence often begins with verbal insults and threatening gestures which, when not challenged by those in authority, are followed by violent acts.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"]},{"id":"cedaw-c-gc-36-0066","docId":"cedaw-c-gc-36","idx":66,"n":66,"text":"66. Disadvantaged groups of girls are at an increased risk of violence at school because of the multiple forms of discrimination that they face, in particular on the basis of their HIV status, caste, ethnicity, race and religion, which increase the risk of abuse and influence the nature of the violence experienced. Girls with disabilities face discrimination on the basis of both their gender and disability, while lesbian, bisexual, transgender, and intersex children experience both sexism and homophobia.","labels":["Women/girls","Children","Persons with disabilities","LGBTI+","Persons living with HIV/AIDS"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"]},{"id":"cedaw-c-gc-36-0067","docId":"cedaw-c-gc-36","idx":67,"n":67,"text":"67. In spite of the rampant sexual harassment and abuse of girls in educational institutions, and that they constitute a key barrier to their right to and within education, those facts have not been systematically factored into educational policy and programmes. In many instances there is no strict accountability mechanism and, in schools, the matter is ignored or responded to by victim-blaming, with impunity for perpetrators.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"]},{"id":"cedaw-c-gc-36-0068","docId":"cedaw-c-gc-36","idx":68,"n":68,"text":"68. The sexual abuse of girls may result in unwanted pregnancies, and there is therefore a need to alert girls, in particular during adolescence to that problem and its consequences. An important response to the magnitude of the problem in the home, school and community is instituting mandatory, age-appropriate curricula, at all levels of education, on comprehensive sexuality education, including on sexual and reproductive health and rights, responsible sexual behaviour, prevention of early pregnancy and prevention of sexually transmitted infections, in line with articles 10 (h) and 12 of the Convention, the Committee’s general recommendation No. 24 (1999) on women and health and general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19. Teachers should be specifically trained for the various levels of age-appropriate delivery. In situations where the teaching staff is predominantly male, such as at the secondary school level, efforts should be made to recruit, train and hire female teachers who can serve as role models and make classrooms safer and more enabling places for girls and young women.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"cedaw-c-gc-36-0069","docId":"cedaw-c-gc-36","idx":69,"n":69,"text":"The Committee recommends that States parties take the following measures to curtail violence against girls and women associated with educational institutions and schooling, thereby protecting their right to be treated with respect and dignity: (a) Enact and enforce appropriate laws, policies and procedures to prohibit and tackle violence against girls and women in and around educational institutions, including verbal and emotional abuse, stalking, sexual harassment and sexual violence, physical violence and exploitation; (b) Recruit, train and hire more female teachers in educational institutions where the school faculty is predominantly male; (c) Ensure that girls and women affected by violence in schools have effective access to justice and remedy; (d) Respond to cases of violence against girls and women in educational institutions through confidential and independent reporting mechanisms, effective investigations, criminal prosecutions where appropriate and the adequate punishment of perpetrators and by providing services for victims/survivors; (e) Ensure that all incidents of violence against girls and women in educational institutions are reported and recorded, check the criminal records of school personnel prior to their employment and develop and enforce codes of conduct for all school staff and students; (f) Adopt national plans of action to address school-related violence against girls, including guidelines for schools and compulsory training for teachers and students in early intervention strategies to address sexual harassment and violence against girls; (g) Designate a government mechanism for preventing and investigating incidents of violence in educational institutions and provide adequate public funding to address the problem; (h) Provide support services for girls who experience violence, including counselling, medical treatment, HIV/AIDS information and medication; (i) Develop and introduce age-appropriate, evidence-based, scientifically accurate mandatory curricula at all levels of education, covering comprehensive information on sexual and reproductive health and rights, responsible sexual behaviour, prevention of early pregnancy and sexually transmitted infections.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"]},{"id":"cedaw-c-gc-36-0070","docId":"cedaw-c-gc-36","idx":70,"n":70,"text":"70. Another form of abuse that girls experience is cyberbullying, by which information and communications technologies and various social media platforms are the means through which perpetrators intimidate, threaten or harass them. While both boys and girls are involved in cyberbullying, research shows that girls, in particular adolescent girls, are almost twice as likely as boys to be both victims and perpetrators. Online victimization of adolescent girls takes many forms, including name-calling, rumours, threats, disclosure of confidential information, images and videos, revenge porn, sexual harassment and sexual advances, often from strangers.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Cyberbullying"]},{"id":"cedaw-c-gc-36-0071","docId":"cedaw-c-gc-36","idx":71,"n":71,"text":"71. Cyberbullying has a wide variety of effects on adolescent girls, including mild or extreme emotional effects, feelings of being unsafe and frightened and, in some instances, suicidal ideation or suicide.","labels":["Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Cyberbullying"]},{"id":"cedaw-c-gc-36-0072","docId":"cedaw-c-gc-36","idx":72,"n":72,"text":"The Committee recommends that, although cyberbullying is not always rooted in the school environment, States parties take the following measures in schools to protect girls: (a) Alert parents to the spread of the phenomenon of cyberbullying and the impacts that it can have on girls; (b) Develop comprehensive programmes that inform teachers, students and parents about the forms that cyberbullying can take and the potential impacts, and provide counselling and support for students who are victims of cyberbullying; (c) Put into place policies that ensure that the technologies available in schools are not used for the purpose of cyberbullying and monitor their implementation; (d) Establish multiple and readily accessible channels that students can use to report such incidents by establishing peer and teacher counselling services, safe locations in schools and hotlines for anonymous reporting; (e) Inform girls of the consequences of engaging in cyberbullying to victims’ health and well-being, as well as the sanctions that may be applied to perpetrators; (f) Enact legislation that defines and penalizes harassment through use of information and communications technologies and the online harassment of women and girls in all its forms.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Cyberbullying"]},{"id":"cedaw-c-gc-36-0073","docId":"cedaw-c-gc-36","idx":73,"n":73,"text":"73. The gender regime evident in educational institutions has negative impacts on female staff, in particular staff in systems of secondary and tertiary education. Those impacts are most evident in terms of their limited upward mobility in the profession and their rate of transition to decision-making positions. Although teaching is considered to be a feminized profession, there is a disproportionately low representation of women in senior and top management positions at all levels of education, worldwide.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Equitable female participation in management structures"]},{"id":"cedaw-c-gc-36-0074","docId":"cedaw-c-gc-36","idx":74,"n":74,"text":"74. Several factors account for the underrepresentation of women in leadership and decision-making positions at all levels of education. They include limited access to education, especially opportunities for pursuing higher educational certification for those teaching at the lower levels, discriminatory appointment and promotion practices, family attitudes, career interruptions, cultural stereotyping, alienation from the male culture of networking and patronage, and continued resistance to including women in management positions.[[fn:12]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":12,"text":"See UNESCO document, ED.99/HEP/WCHE/Vol. IV-12, Proceedings of the World Conference on Higher Education in the Twenty-first Century: Vision and Action (Paris 5–9 October 1998, vol. IV. Available from http://www.unesco.org/ulis/cgi-bin/ulis.pl?catno=117320&set=005A5 1B380_3_203&gp=1&lin=1&ll=1."}],"section":["VIII. Rights within education","Equitable female participation in management structures"]},{"id":"cedaw-c-gc-36-0075","docId":"cedaw-c-gc-36","idx":75,"n":75,"text":"The Committee recommends that States parties institute the following measures to close the gender gap in leadership positions at all levels of education to ensure the elimination of the discrimination women face in that regard: (a) Increase the professional mobility of women in institutions of higher learning by providing grants and/or scholarships to enable them to acquire advanced postgraduate degrees and introduce incentives and schemes to retain them; (b) Strengthen efforts to increase the number of women in leadership positions at all levels of education, especially university professors in all fields, through the use of measures, including temporary special measures in accordance with article 4 (1) of the Convention and general recommendation No. 25; (c) Review appointment and promotion procedures and remove any discriminatory provisions, which act as barriers to the equal participation of women in leadership positions in educational institutions, and address discriminatory practices in appointments and promotions; (d) Address prevailing organizational cultures that are unfavourable to the upward mobility of women in the teaching profession; (e) Establish targets, within a given timeline, to ensure parity in positions in higher education, including senior positions, professorships chancellorships and vice-chancellorships in universities; (f) Establish policies and quotas for the equal representation of women in governing bodies in higher education, such as senates and councils, and in research bodies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Equitable female participation in management structures"],"citedArticles":[{"treaty":"CEDAW","article":"4","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-36-0076","docId":"cedaw-c-gc-36","idx":76,"n":76,"text":"76. Since 1985, several United Nations international conferences have focused on human rights, women, social issues and sustainable development and have identified numerous actions to promote gender equality and the empowerment of women. Many of the conferences emphasized education as the means for achieving those goals and for improving the position of women in society. Education equips individuals with the skills to be adaptable to the needs of changing societies and therefore has a multiplier effect in enabling women to claim rights in all spheres, beyond the school. However, women’s rights through education are far from being realized.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0077","docId":"cedaw-c-gc-36","idx":77,"n":77,"text":"77. In spite of regional disparities, global data indicate that more women than men have higher educational certifications and thus are the more highly qualified source of human capital. However, men with lower levels of certification are favoured for certain jobs and positions over women with higher levels of certification, contributing to the universal phenomenon of horizontal and vertical sex-segregation of labour markets. Certification therefore does not carry the same social currency for women and men. Even where both sexes have equal levels of education, men are often given preferential treatment in employment.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":13,"text":"See the statement by former Committee member Barbara Bailey to the high-level round table held on the margins of the fifty-fifth session of the Commission on the Status of Women. Available from www.un.org/womenwatch/daw/csw/csw55/panels/HLRTA-Bailey-Barbara.pdf."}],"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0078","docId":"cedaw-c-gc-36","idx":78,"n":78,"text":"78. Such systemic patterns become entrenched, in particular in the labour market, which operates on the basis of the “man as breadwinner” ideology, resulting in men occupying dominant positions in wage labour. As a result, in most societies, women experience lower levels of employment and higher levels of unemployment and of poverty, are more highly represented as part-time workers, earn less than men, on average, are disproportionately represented in vulnerable areas of work, and have less opportunities for decent working conditions. Women are underrepresented in decision-making positions at all levels of social and political institutions and lack real personal autonomy. Although increased access to education has improved the condition of women’s lives and that of their children, the potential for education, as it presently exists, to shift the overall balance of power in the economic, political and social spheres and to make a strategic difference in terms of the empowerment of women, has not been achieved, owing to cultural beliefs and practices that reproduce entrenched gendered ideologies, structures and systems.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0079","docId":"cedaw-c-gc-36","idx":79,"n":79,"text":"79. That consistent pattern is linked to gender socialization processes that reproduce and maintain a sexual division of labour, which defines what is feminine and masculine and is in turn linked to a public/private dichotomy, a system in which males dominate the public sphere and females the private sphere. The result is that, rather than being transformative, institutionalized schooling becomes an instrument of the State for reproducing the gender order and maintaining the male/female, dominant/ subordinate and public/private hierarchies.[[fn:14]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":14,"text":"Ibid."}],"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0080","docId":"cedaw-c-gc-36","idx":80,"n":80,"text":"80. The trend continues in the level of participation of women in political processes and decision-making, where, because women remain poorly represented, they cannot effectively influence policy that affects them. In 2017, the proportion of women holding elected or nominated government positions worldwide was approximately 1:4, compared with men. In the lower houses of parliaments, women hold 23.4 per cent of representative posts and in the upper houses, 22.9 per cent. The same trend is evident in the representation of women as members and chairs of public and private sector boards. Women continue to be largely marginalized in the political sphere and in boardrooms as a result of discriminatory laws, practices, attitudes and gender stereotypes.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0081","docId":"cedaw-c-gc-36","idx":81,"n":81,"text":"The Committee recommends that States parties pursue the following measures to achieve the equal participation of women in social, economic and political processes, as well as in decision-making positions in all sectors: (a) Train teachers to adopt constructivist teaching strategies that equip girls and women with critical thinking skills and a sense of positive self-worth and confidence to participate equally with men in high-level and decision-making positions in the social, economic and political spheres; (b) Adapt the options and content of girl’s and women’s education, in particular at the higher levels to increase their participation in scientific, technical and managerial courses of study, and thereby their qualifications, in order to ensure access to high-level jobs and decision-making positions, in particular in male-dominated professions and jobs; (c) Strengthen civic and citizenship education in schools and gender-responsive continuing adult literacy programmes aimed at enhancing the roles of women and their participation in the family and society; (d) Recognize the importance of empowering all women through education and training in government, public policy, economics, information and communications technology and science to ensure that they develop the knowledge and skills needed to make full contributions in all spheres of public life; (e) Protect the right of women to decent work by challenging the entrenched horizontal segregation of labour markets where men are privileged and predominantly positioned in high-status occupational sectors on the basis of patronage rather than merit; (f) Improve and broaden women’s access to information and communications technologies, including e-government tools, in order to enable political participation and to promote engagement in broader democratic processes, while also improving the responsiveness of such technologies to the needs of women, including those of marginalized women; (g) Develop appropriate tools, skills and training programmes, in consultation with women, to equip and empower them to participate in leadership positions and to assume responsibilities in public life; (h) Take all appropriate measures to eliminate the prejudices and gender stereotypes that constitute barriers to women’s access to and full participation in the social, economic and political spheres.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0082","docId":"cedaw-c-gc-36","idx":82,"n":82,"text":"82. Information in the preceding sections of the present general recommendation indicates that, although there have been some gains towards the realization of the right of girls and women to education, their rights in all three domains — to, within and through — remain not fully realized. The recommendations contained herein identify benchmarks for the adoption and reform of policy and legislative frameworks and the financial and human resources required to provide for and protect the rights of girls and women in those three domains. If education is ultimately to be the vehicle for the personal, social, economic and political empowerment of women and the tool for equipping them to seize opportunities to make a direct contribution to national and regional development processes, then attention to those actions is not optional but obligatory. Transformation of systems and structures can only be realized, however, where there is political will. States parties need to commit to fulfil their internationally binding obligations under agreements such as the Convention, as supported by the general recommendations of the Committee, in particular general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["X. State responsibility: implementation and monitoring"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-36-0083","docId":"cedaw-c-gc-36","idx":83,"n":83,"text":"The Committee urges States parties to take the following actions to ensure the timely implementation and monitoring of the recommendations contained in the present general recommendation to protect the right of girls and women of access to education and their rights within and through education, which elaborate upon article 10 of the Convention and are linked to other articles of the Convention and other general recommendations of the Committee: (a) Ensure the wide dissemination of the general recommendation to all stakeholders, including all government officials engaged in the education sector and supporting sectors, educators at all levels of the education system, students, parents, the media and the relevant national and community organizations; (b) As necessary, translate the document into the national languages and into those used by the ethnic minority groups in States parties; (c) Establish a national multisectoral task force with representation from the major government sectors involved in the delivery of education and educational services and the major non-governmental stakeholders engaged in education to develop a comprehensive implementation and monitoring strategy with clear timelines, benchmarks for measuring the achievement of outcomes and individuals assigned to provide oversight to specific dimensions of the strategy; (d) Ensure that adequate quantitative and qualitative datasets are available and accessible to inform monitoring of outcomes and maximize outcomes by harmonizing implementation of the present general recommendation with requirements under other international, regional and national instruments that address the rights of girls and women to, within and through education, which are consistent with the present instrument.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["X. State responsibility: implementation and monitoring"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-37-0001","docId":"cedaw-c-gc-37","idx":1,"n":1,"text":"1. Climate change is exacerbating both the risk and the impacts of disasters globally, by increasing the frequency and severity of weather and climate hazards, which heightens the vulnerability of communities to those hazards.[[fn:1]] There is scientific evidence that a large proportion of extreme weather events around the world are a result of human-caused changes to the climate.[[fn:2]] The human rights consequences of such disasters are apparent in the form of political and economic instability, growing inequality, declining food and water security and increased threats to health and livelihoods.[[fn:3]] Although climate change affects everyone, those countries and populations that have contributed the least to climate change, including people living in poverty, young people and future generations, are the most vulnerable to its impacts.","labels":["Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":1,"text":"Intergovernmental Panel on Climate Change, Climate Change 2014: Synthesis Report — Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (Geneva, 2013). The Panel notes that climate change “refers to a change in the state of the climate that can be identified (e.g. using statistical tests) by changes in the mean and/or the variability of its properties, and that persists for an extended period, typically decades or longer”."},{"n":2,"text":"Susan J. Hassol and others, “(Un)Natural disasters: communicating linkages between extreme events and climate change”, WMO Bulletin, vol. 65, No. 2 (Geneva, World Meteorological Organization, 2016)."},{"n":3,"text":"United Nations Development Programme (UNDP), “Climate change and disaster risk reduction”, 23 March 2016."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0002","docId":"cedaw-c-gc-37","idx":2,"n":2,"text":"2. Women, girls, men and boys are affected differently by climate change and disasters, with many women and girls experiencing greater risks, burdens and impacts.[[fn:4]] Situations of crisis exacerbate pre-existing gender inequalities and compound the intersecting forms of discrimination against, among others, women living in poverty, indigenous women, women belonging to ethnic, racial, religious and sexual minority groups, women with disabilities, refugee and asylum-seeking women, internally displaced, stateless and migrant women, rural women, unmarried women, adolescents and older women, who are often disproportionately affected compared with men or other women.[[fn:5]]","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Adolescents","Persons living in rural/remote areas","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":4,"text":"See Commission on the Status of Women, resolutions 56/2 and 58/2 on gender equality and the empowerment of women in natural disasters, adopted by consensus in March 2012 and March 2014."},{"n":5,"text":"See, for example, general recommendation No. 27 (2010) on older women and the protection of their human rights."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0003","docId":"cedaw-c-gc-37","idx":3,"n":3,"text":"3. In many contexts, gender inequalities limit the control that women and girls have over decisions governing their lives, as well as their access to resources such as food, water, agricultural input, land, credit, energy, technology, education, health services, adequate housing, social protection and employment.[[fn:6]] As a result of those inequalities, women and girls are more likely to be exposed to disaster-induced risks and losses relating to their livelihoods, and they are less able to adapt to changes in climatic conditions. Although climate change mitigation and adaptation programmes may provide new employment and livelihood opportunities in sectors such as agricultural production, sustainable urban development and clean energy, failure to address the structural barriers faced by women in gaining access to their rights will increase gender-based inequalities and intersecting forms of discrimination.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":6,"text":"For the purposes of the present general recommendation, all references to “women” should be read to include women and girls, unless otherwise noted."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0004","docId":"cedaw-c-gc-37","idx":4,"n":4,"text":"4. Mortality and morbidity levels in situations of disaster are higher among women and girls.[[fn:7]] Owing to gender-based economic inequalities, women, and women heads of household in particular, are at a higher risk of poverty and more likely to live in inadequate housing in urban and rural areas of low land value that are vulnerable to such impacts of climate-related events as floods, storms, avalanches, earthquakes, landslides and other hazards.[[fn:8]] Women and girls in situations of conflict are particularly exposed to risks associated with disasters and climate change. The higher levels of mortality and morbidity among women during and following disasters are also a result of the inequalities that they face in gaining access to adequate health care, food and nutrition, water and sanitation, education, technology and information.[[fn:9]] In addition, failure to engage in gender-responsive disaster planning and implementation often results in protective facilities and infrastructure, such as early warning mechanisms, shelters and relief programmes, that neglect the specific accessibility needs of diverse groups of women, including women with disabilities, older women and indigenous women.[[fn:10]]","labels":["Indigenous peoples","Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":7,"text":"Eric Neumayer and Thomas Plümper, “The gendered nature of natural disasters: the impact of catastrophic events on the gender gap in life expectancy, 1981–2002”, Annals of the Association of American Geographers, vol. 97, No. 3 (2007)."},{"n":8,"text":"United Nations, Global Assessment Report on Disaster Risk Reduction 2015: Making Development Sustainable–The Future of Disaster Risk Management (New York, 2015); Disasters without Borders: Regional Resilience for Sustainable Development: Asia-Pacific Disaster Report 2015 (United Nations publication, Sales No. E.15.II.F.13)."},{"n":9,"text":"C. Bern and others, “Risk factors for mortality in the Bangladesh cyclone of 1991”, Bulletin of the World Health Organization, vol. 71, No. 1 (1993)."},{"n":10,"text":"Tripartite Core Group, “Post-Nargis joint assessment”, July 2008; Lorena Aguilar and others, “Training manual on gender and climate change” (San José, International Union for Conservation of Nature, UNDP and Gender and Water Alliance, 2009)."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0005","docId":"cedaw-c-gc-37","idx":5,"n":5,"text":"5. Women and girls also face a heightened risk of gender-based violence during and following disasters. In the absence of social protection schemes and in situations in which there is food insecurity combined with impunity for gender-based violence, women and girls are often exposed to sexual violence and exploitation as they attempt to gain access to food and other basic needs for family members and themselves. In camps and temporary settlements, the lack of physical security, as well as the lack of safe and accessible infrastructure and services, including drinking water and sanitation, also result in increased levels of gender-based violence against women and girls. Women and girls with disabilities are at particular risk of gender-based violence and sexual exploitation during and following disasters, owing to discrimination on the basis of physical limitations and barriers to communication and the inaccessibility of basic services and facilities. Domestic violence, early and/or forced marriage, trafficking in persons and forced prostitution are also more likely to occur during and following disasters.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0006","docId":"cedaw-c-gc-37","idx":6,"n":6,"text":"6. As the higher vulnerability and exposure of women and girls to disaster risk and climate change are economically, socially and culturally constructed, they can be reduced. The level of vulnerability may vary according to the type of disaster and the geographical and sociocultural contexts.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0007","docId":"cedaw-c-gc-37","idx":7,"n":7,"text":"7. The categorization of women and girls as passive “vulnerable groups” in need of protection from the impacts of disasters is a negative gender stereotype that fails to recognize the important contributions of women in the areas of disaster risk reduction, post-disaster management and climate change mitigation and adaptation strategies.[[fn:11]] Well-designed disaster risk reduction and climate change initiatives that provide for the full and effective participation of women can advance substantive gender equality and the empowerment of women, while ensuring that sustainable development, disaster risk reduction and climate change objectives are achieved.[[fn:12]] It should be underlined that gender equality is a precondition for the realization of the Sustainable Development Goals.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":11,"text":"United Nations, Global Assessment Report on Disaster Risk Reduction 2015; UNDP, “Clean development mechanism: exploring the gender dimensions of climate finance mechanisms”, November 2010; UNDP, “Ensuring gender equity in climate change financing” (New York, 2011)."},{"n":12,"text":"Senay Habtezion, “Gender and disaster risk reduction”, Gender and Climate Change Asia and the Pacific Policy Brief, No. 3 (New York, UNDP, 2013); World Health Organization (WHO), “Gender, climate change and health” (Geneva, 2010)."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0008","docId":"cedaw-c-gc-37","idx":8,"n":8,"text":"8. In the light of the significant challenges in, and opportunities for, the realization of women’s human rights presented by climate change and disaster risk, the Committee on the Elimination of Discrimination against Women has provided specific guidance for States parties on the implementation of their obligations relating to disaster risk reduction and climate change under the Convention on the Elimination of All Forms of Discrimination against Women. In its concluding observations on the reports of States parties and in several of its general recommendations, the Committee has underlined that States parties and other stakeholders have obligations to take specific steps to address discrimination against women in the fields of disaster risk reduction and climate change, through the adoption of targeted laws, policies, mitigation and adaptation strategies, budgets and other measures.[[fn:13]] In its statement on gender and climate change, the Committee outlined that all stakeholders should ensure that climate change and disaster risk reduction measures were gender responsive and sensitive to indigenous knowledge systems and that they respected human rights. The right of women to participate at all levels of decision-making must be guaranteed in climate change policies and programmes (A/65/38, part one, annex II).","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":13,"text":"For concluding observations, see CEDAW/C/SLB/CO/1–3, paras. 40–41; CEDAW/C/PER/CO/7–8, paras. 37–38; CEDAW/C/GIN/CO/7–8, para. 53; CEDAW/C/GRD/CO/1–5, paras. 35–36; CEDAW/C/JAM/CO/6–7, paras. 31–32; CEDAW/C/SYC/CO/1–5, paras. 36–37; CEDAW/C/TGO/CO/6–7, para. 17; CEDAW/C/DZA/CO/3–4, paras. 42–43; CEDAW/C/NLZ/CO/7, paras. 9 and 36–37; CEDAW/C/CHI/CO/5–6, paras. 38–39; CEDAW/C/BLR/CO/7, paras. 37–38; CEDAW/C/LKA/CO/7, paras. 38–39; CEDAW/C/NPL/CO/4–5, para. 38; and CEDAW/C/TUV/CO/2, paras. 55–56. See also general recommendation No. 27 (2010) on older women and the protection of their human rights, para. 25, and general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, para. 11."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0009","docId":"cedaw-c-gc-37","idx":9,"n":9,"text":"9. The Committee notes that other United Nations human rights mechanisms, including the Human Rights Council and the special procedures mandate holders, the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of Persons with Disabilities and the Committee on the Rights of the Child, refer with increasing frequency to the negative consequences of climate change, environmental degradation and disasters. Those mechanisms have also affirmed the obligations of Governments and other stakeholders to take immediate, targeted steps to prevent and mitigate the negative human rights impacts of climate change and disasters and to provide technical and financial support for disaster risk reduction and climate change adaptation measures.","labels":["Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0010","docId":"cedaw-c-gc-37","idx":10,"n":10,"text":"10. Pursuant to article 21 (1) of the Convention, the present general recommendation provides guidance to States parties on the implementation of their obligations under the Convention in relation to disaster risk reduction and climate change. In their reports submitted to the Committee pursuant to article 18, States parties should address general obligations to ensure substantive equality between women and men in all areas of life, as well as the specific guarantees in relation to those rights under the Convention that may be particularly affected by climate change and disasters, including extreme weather events such as floods and hurricanes, as well as slow-onset phenomena, such as the melting of polar ice caps and glaciers, drought and sea-level rise.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"],"citedArticles":[{"treaty":"CEDAW","article":"21","paragraph":"1","source":"regex"},{"treaty":"CEDAW","article":"18","source":"regex"}]},{"id":"cedaw-c-gc-37-0011","docId":"cedaw-c-gc-37","idx":11,"n":11,"text":"11. The present general recommendation may also be used to inform the work of civil society organizations, international and regional intergovernmental organizations, educators, the scientific community, medical personnel, employers and any other stakeholders engaged in activities connected to disaster risk reduction and climate change.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"]},{"id":"cedaw-c-gc-37-0012","docId":"cedaw-c-gc-37","idx":12,"n":12,"text":"12. The objective of the present general recommendation is to underscore the urgency of mitigating the adverse effects of climate change and to highlight the steps necessary to achieve gender equality, the realization of which will reinforce the resilience of individuals and communities globally in the context of climate change and disasters. It is also intended to contribute to coherence, accountability and the mutual reinforcement of international agendas on disaster risk reduction and climate change adaptation, by focusing on the impacts of climate change and disasters on women’s human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"]},{"id":"cedaw-c-gc-37-0013","docId":"cedaw-c-gc-37","idx":13,"n":13,"text":"13. In the present general recommendation, the Committee does not exhaustively cover the gender-related dimensions of climate change mitigation and adaptation measures, nor does it differentiate between disasters relating to climate change and other disasters. It should be emphasized, however, that a large proportion of contemporary disasters may be attributed to human-induced climatic changes and that the recommendations provided herein are also applicable to hazards, risks and disasters that are not directly linked to climate change. For the purposes of the present general recommendation, disasters are defined as including all those events, small-scale and large-scale, frequent and infrequent, sudden- and slow-onset, caused by natural or human-made hazards, and related environmental, technological and biological hazards and risks, mentioned in the Sendai Framework for Disaster Risk Reduction 2015–2030, as well as any other chemical, nuclear and biological hazards and risks. Such hazards and risks include the testing and use of all types of weapons by State and non-State actors.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"]},{"id":"cedaw-c-gc-37-0014","docId":"cedaw-c-gc-37","idx":14,"n":14,"text":"14. The obligations of States parties to effectively mitigate and adapt to the adverse effects of climate change, in order to reduce the increased disaster risk, have been recognized by international human rights mechanisms. Limiting fossil fuel use and greenhouse gas emissions and the harmful environmental effects of extractive industries such as mining and fracking, and the allocation of climate financing, are regarded as crucial steps in mitigating the negative human rights impacts of climate change and disasters. Any mitigation or adaptation measures should be designed and implemented in accordance with the human rights principles of substantive equality and non-discrimination, participation and empowerment, accountability and access to justice, transparency and the rule of law.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"]},{"id":"cedaw-c-gc-37-0015","docId":"cedaw-c-gc-37","idx":15,"n":15,"text":"15. The present general recommendation is focused on the obligations of States parties and non-State actors to take effective measures to prevent, mitigate the adverse effects of and respond to disasters and climate change and, in that context, to ensure that the human rights of women and girls are respected, protected and fulfilled in accordance with international law. Three mutually reinforcing areas for action by stakeholders are identified, centring on the general principles of the Convention applicable to disaster risk and climate change, specific measures to address disaster risk reduction and climate change and specific areas of concern.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"]},{"id":"cedaw-c-gc-37-0016","docId":"cedaw-c-gc-37","idx":16,"n":16,"text":"16. The Convention promotes and protects women’s human rights, and this should be understood to apply at all stages of climate change and disaster prevention, mitigation, response, recovery and adaptation. In addition to the Convention, several specific international frameworks govern disaster risk reduction, climate change mitigation and adaptation, humanitarian assistance and sustainable development, and a number of them also address gender equality. Those instruments should be read together with the provisions of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0017","docId":"cedaw-c-gc-37","idx":17,"n":17,"text":"17. In the Rio Declaration on Environment and Development, of 1993, and reiterated in the outcome document of the United Nations Conference on Sustainable Development, entitled “The future we want”, of 2012, the particularly vulnerable situation of small island developing States was acknowledged and the principle of gender equality and the need to ensure the effective participation of women and indigenous peoples in all initiatives relating to climate change were reaffirmed.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0018","docId":"cedaw-c-gc-37","idx":18,"n":18,"text":"18. In the Sendai Framework, it was emphasized that women and their participation were critical to effectively managing disaster risk and designing, resourcing and implementing gender-sensitive disaster risk reduction policies, plans and programmes, and that adequate capacity-building measures needed to be taken to empower women for preparedness, as well as to build their capacity to secure alternate livelihood means in post-disaster situations. Empowering women to publicly lead and promote gender-equitable and universally accessible response, recovery, rehabilitation and reconstruction approaches was also emphasized.[[fn:14]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":14,"text":"General Assembly resolution 69/283, annex II, paras. 36 (a) (i) and 32, respectively."}],"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0019","docId":"cedaw-c-gc-37","idx":19,"n":19,"text":"19. In the United Nations Framework Convention on Climate Change, States parties were called upon to take action on climate change on the basis of equity and in accordance with their common but differentiated responsibilities and capabilities. It was recognized that, although climate change affected everyone, countries who had contributed the least to greenhouse gas emissions, as well as people living in poverty, children and future generations, were the most affected. Climate equity required that, in global efforts to mitigate the adverse effects of and adapt to climate change, the needs of countries, groups and individuals, including women and girls, which were the most vulnerable to its adverse impacts, were prioritized.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0020","docId":"cedaw-c-gc-37","idx":20,"n":20,"text":"20. In 2014, the Conference of the Parties to the United Nations Framework Convention on Climate Change adopted decision 18/CP.20, entitled “Lima work programme on gender”, in which it established a plan for promoting gender balance and achieving gender-responsive climate policies developed for the purpose of guiding the effective participation of women in the bodies established under the Convention. In 2017, the Conference of the Parties adopted decision 3/CP.23, entitled “Establishment of a gender action plan”, in which it agreed to advance the full, equal and meaningful participation of women and promote gender-responsive climate policy and the mainstreaming of a gender perspective into all elements of climate action.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0021","docId":"cedaw-c-gc-37","idx":21,"n":21,"text":"21. In the Paris Agreement under the United Nations Framework Convention on Climate Change, the Conference of the Parties noted that Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, the empowerment of women and intergenerational equity. They also acknowledged that adaptation, including capacity-building for mitigation and adaptation action, should be gender-responsive, participatory and fully transparent, taking into consideration vulnerable groups, communities and ecosystems.","labels":["Indigenous peoples","Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0022","docId":"cedaw-c-gc-37","idx":22,"n":22,"text":"22. The Sustainable Development Goals contain important targets on gender equality, including those in Goals 3–6 and 10, and on climate change and disaster risk reduction, in Goals 11 and 13.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0023","docId":"cedaw-c-gc-37","idx":23,"n":23,"text":"23. At the third International Conference on Financing for Development, held in Addis Ababa in 2015, participants adopted documents that link gender equality and women’s rights with climate change adaptation and disaster risk reduction and called upon States to integrate those issues into development financing.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0024","docId":"cedaw-c-gc-37","idx":24,"n":24,"text":"24. Participants in the World Humanitarian Summit, in 2016, called for gender equality, the empowerment of women and women’s rights to become pillars of humanitarian action, including in disaster preparedness and response. Also in 2016, in the New Urban Agenda, the participants in the United Nations Conference on Housing and Sustainable Urban Development (Habitat III) recognized the need for gender-responsive measures to ensure that urban development was sustainable, resilient and contributed to climate change mitigation and adaptation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0025","docId":"cedaw-c-gc-37","idx":25,"n":25,"text":"25. Several cross-cutting principles and provisions of the Convention are of crucial importance and should serve as guidance in the drafting of legislation, policies, plans of action, programmes, budgets and other measures relating to disaster risk reduction and climate change.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change"]},{"id":"cedaw-c-gc-37-0026","docId":"cedaw-c-gc-37","idx":26,"n":26,"text":"26. States parties should ensure that all policies, legislation, plans, programmes, budgets and other activities relating to disaster risk reduction and climate change are gender responsive and grounded in human rights-based principles, including the following:","labels":["Migrants","Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change"]},{"id":"cedaw-c-gc-37-0027","docId":"cedaw-c-gc-37","idx":27,"n":27,"text":"27. Those three general principles — equality and non-discrimination, participation and empowerment, accountability and access to justice — are fundamental to ensuring that all interventions relating to disaster risk reduction in the context of climate change are implemented in accordance with the Convention.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change"]},{"id":"cedaw-c-gc-37-0028","docId":"cedaw-c-gc-37","idx":28,"n":28,"text":"28. States parties have obligations under article 2 of the Convention to take targeted and specific measures to guarantee equality between women and men, including the adoption of participatory and gender-responsive policies, strategies and programmes relating to disaster risk reduction and climate change, across all sectors. Article 2 identifies the specific, core obligations of States parties to ensure substantive equality between women and men in all areas covered by the Convention and to take legislative, policy-based and other measures to that effect.[[fn:15]] The obligation to take all appropriate measures, including with regard to legislation, in all fields, to guarantee the full development and advancement of women on a basis of equality with men, is further expanded in articles 3 and 24 of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":15,"text":"See general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention."}],"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","A. Substantive equality and non-discrimination"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"24","source":"regex"}]},{"id":"cedaw-c-gc-37-0029","docId":"cedaw-c-gc-37","idx":29,"n":29,"text":"29. Intersecting forms of discrimination may limit the access of particular groups of women to the information, political power, resources and assets that would help them to mitigate the adverse effects of disasters and climate change. In its general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, as well as in general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, general recommendation No. 33 (2015) on women’s access to justice, general recommendation No. 34 (2016) on the rights of rural women, general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, and general recommendation No. 36 (2017) on the right of girls and women to education, the Committee reiterated that discrimination against women was inextricably linked to other factors that affected their lives.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","A. Substantive equality and non-discrimination"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-37-0030","docId":"cedaw-c-gc-37","idx":30,"n":30,"text":"30. The present general recommendation does not contain an exhaustive list of every group of right holders for which respect of their rights must be integrated into laws, policies, programmes and strategies on disaster risk reduction and climate change. The principles of non-discrimination and substantive equality, which form the foundation of the Convention, require that States parties take all measures necessary to ensure that direct and indirect discrimination, as well as intersecting forms of discrimination, are redressed. Specific measures, including temporary special measures, legislation that prohibits intersecting forms of discrimination and resource allocation, are necessary to ensure that all women and girls are able to participate in the development, implementation and monitoring of policies and plans relating to climate change and disasters.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","A. Substantive equality and non-discrimination"]},{"id":"cedaw-c-gc-37-0031","docId":"cedaw-c-gc-37","idx":31,"n":31,"text":"31. As outlined in general recommendation No. 28, States parties have obligations to respect, protect and fulfil the principle of non-discrimination towards all women, against all forms of discrimination, in all areas, even those not explicitly mentioned in the Convention, and to ensure the equal development and advancement of women in all areas. To ensure substantive equality between women and men in the context of disaster risk reduction and climate change, States parties should take specific, targeted and measurable steps:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","A. Substantive equality and non-discrimination"]},{"id":"cedaw-c-gc-37-0032","docId":"cedaw-c-gc-37","idx":32,"n":32,"text":"32. The participation of diverse groups of women and girls, and the development of their leadership capacity, at various levels of government and within local communities is essential to ensuring that the prevention of and response to disasters and the adverse effects of climate change are effective and incorporate perspectives from all sectors of society. Promoting the participation of girls and young women in the creation, development, implementation and monitoring of policies and plans relating to climate change and disaster risk reduction is essential, because those groups are often overlooked, even though they will experience the impacts of those phenomena throughout their lifetimes.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","B. Participation and empowerment"]},{"id":"cedaw-c-gc-37-0033","docId":"cedaw-c-gc-37","idx":33,"n":33,"text":"33. Women make significant contributions to household, local, national, regional and international economies and to environmental management, disaster risk reduction and climate change resilience at various levels. At the local level, the traditional knowledge held by women in agricultural regions is particularly important in that respect, because those women are well positioned to observe changes in the environment and respond to them through adaptive practices in crop selection, planting, harvesting, land conservation techniques and careful management of water resources.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","B. Participation and empowerment"]},{"id":"cedaw-c-gc-37-0034","docId":"cedaw-c-gc-37","idx":34,"n":34,"text":"34. The Intergovernmental Panel on Climate Change has noted that most local communities develop adaptation practices that could and should be identified and followed, in order to tailor effective adaptation and response strategies relating to disaster risk reduction and climate change.[[fn:16]] In the Paris Agreement, the Conference of the Parties acknowledged that climate change adaptation should be guided by the best available science and, as appropriate, by traditional, indigenous and local knowledge systems, a view that aligns with the many provisions in the Convention, including articles 7, 8 and 14, that provide that States parties should ensure that all women are provided with meaningful opportunities to participate in political decision-making and development planning.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":16,"text":"Intergovernmental Panel on Climate Change, Climate Change 2007: Synthesis Report–Contribution of Working Groups I, II and III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Geneva, 2007)."}],"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","B. Participation and empowerment"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-37-0035","docId":"cedaw-c-gc-37","idx":35,"n":35,"text":"35. Articles 7 and 8 of the Convention provide that women should have equality in political and public life at the local, national and international levels, and article 14 reiterates that rural women have the right to participate in development planning and agricultural reform activities. That guarantee of political equality encompasses leadership by women and the representation and participation of women, which are components that are essential to the development and implementation of effective programmes and policies relating to disaster risk reduction and climate change that take into account the needs of the population, in particular those of women.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","B. Participation and empowerment"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-37-0036","docId":"cedaw-c-gc-37","idx":36,"n":36,"text":"36. To ensure that women and girls are provided with equal opportunities to lead and to participate and engage in decision-making in activities relating to disaster risk reduction and climate change, the Committee recommends that States parties:","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[],"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","B. Participation and empowerment"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-37-0037","docId":"cedaw-c-gc-37","idx":37,"n":37,"text":"37. In line with article 15 (1) of the Convention, women should be accorded equality before the law, which is extremely important in situations of disaster and in the context of climate change, given that women, who often face barriers to gaining access to justice, may encounter significant difficulties in claiming compensation and other forms of reparation to mitigate their losses and to adapt to climate change. The recognition of the legal capacity of women as identical to that of men and equal between groups of women, including women with disabilities and indigenous women, as well as their equal access to justice, are essential elements of disaster and climate change policies and strategies.[[fn:18]]","labels":["Indigenous peoples","Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":18,"text":"See also general recommendation No. 33 (2015) on women’s access to justice."}],"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","C. Accountability and access to justice"],"citedArticles":[{"treaty":"CEDAW","article":"15","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-37-0038","docId":"cedaw-c-gc-37","idx":38,"n":38,"text":"38. States parties should ensure that legal frameworks are non-discriminatory and that all women have effective access to justice, in line with general recommendation No. 33, including by:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","C. Accountability and access to justice"]},{"id":"cedaw-c-gc-37-0039","docId":"cedaw-c-gc-37","idx":39,"n":39,"text":"39. The gender-related dimensions of disaster risk reduction and the impacts of climate change are often not well understood. Limited technical capacity at the national and local levels has resulted in a lack of data disaggregated by sex, age, disability, ethnicity and geographical location, which continues to impede the development of appropriate and targeted strategies for disaster risk reduction and climate change response.","labels":["Persons with disabilities","Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","A. Assessment and data collection"]},{"id":"cedaw-c-gc-37-0040","docId":"cedaw-c-gc-37","idx":40,"n":40,"text":"40. States parties should: (a) Establish or identify existing national and local mechanisms to collect, analyse and manage, and for the application of, data disaggregated by sex, age, disability, ethnicity and region. Such data should be made publicly available and used to inform gender-responsive national and regional disaster risk reduction and climate resilience legislation, policies, programmes and budgets; (b) Develop, on the basis of disaggregated data, specific and gender-responsive indicators and monitoring mechanisms to enable States parties to establish baselines and measure progress in areas such as the participation of women in initiatives relating to disaster risk reduction and climate change and in political, economic and social institutions. Integration with and coordination in the implementation of other existing frameworks, such as the United Nations Framework Convention on Climate Change, the 2030 Agenda for Sustainable Development and the Sendai Framework, are essential to ensuring a consistent and effective approach; (c) Empower, build the capacity of and provide resources to, if necessary through donor support, the national institutions responsible for collecting, consolidating and analysing disaggregated data, across all relevant sectors, such as economic planning, disaster risk management, planning and monitoring of implementation of the Sustainable Development Goals, including at the local level; (d) Incorporate climate information into disaster planning and decision-making at the subnational and national levels by ensuring that diverse groups of women are consulted as valuable sources of community knowledge on climate change.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","A. Assessment and data collection"]},{"id":"cedaw-c-gc-37-0041","docId":"cedaw-c-gc-37","idx":41,"n":41,"text":"41. It is only recently that concerted efforts have been made to coordinate policies on gender equality, disaster risk reduction, climate change and sustainable development. While certain policy documents, such as the 2030 Agenda and the Sustainable Development Goals, integrate those objectives into their frameworks for implementation, much remains to be done at the national, regional and international levels to align policies. Programmes of action, budgets and strategies should be coordinated across sectors, including trade, development, energy, environment, water, climate science, agriculture, education, health and planning, and at levels of government, including local and subnational, national, regional and international, in order to ensure an effective and human rights-based approach to disaster risk reduction and climate change mitigation and adaptation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","B. Policy coherence"]},{"id":"cedaw-c-gc-37-0042","docId":"cedaw-c-gc-37","idx":42,"n":42,"text":"States parties should: (a) Engage in a comprehensive audit of policies and programmes across sectors and areas, including climate, trade and investment, environment and planning, water, food, agriculture, technology, social protection, education and employment, in order to identify the degree of integration of a gender equality perspective and any inconsistencies, with a view to reinforcing efforts aimed at disaster risk reduction and climate change mitigation and adaptation; (b) Improve coordination between sectors, including those involved in disaster risk management, climate change, gender equality, health care, education, social protection, agriculture, environmental protection and urban planning, through such measures as the adoption of integrated national strategies and plans relating to disaster risk reduction and climate change that explicitly integrate a gender equality perspective into their approaches; (c) Undertake gender impact assessments during the design, implementation and monitoring phases of plans and policies relating to disaster risk reduction and climate change; (d) Develop, compile and share practical tools, information and best practices and methodologies for the effective integration of a gender equality perspective into legislation, policies and programmes in all sectors relevant to disaster risk reduction and climate change; (e) Promote and strengthen the vital role played by subnational governments in disaster risk reduction, service provision, emergency response, land-use planning and climate change. To that end, adequate budgets should be allocated and mechanisms developed to monitor the implementation of legislation and policies at the subnational level.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","B. Policy coherence"]},{"id":"cedaw-c-gc-37-0043","docId":"cedaw-c-gc-37","idx":43,"n":43,"text":"43. States parties have obligations both within and outside their territories to ensure the full implementation of the Convention, including in the areas of disaster risk reduction and climate change mitigation and adaptation. Measures such as limiting fossil fuel use, reducing transboundary pollution and greenhouse gas emissions and promoting the transition to renewable energy sources are regarded as crucial steps in mitigating climate change and the negative human rights impacts of the adverse effects of climate change and disasters globally. In its resolutions 26/27 and 29/15, the Human Rights Council noted that the global nature of climate change called for the widest possible cooperation by all countries and their participation in an effective and appropriate international response.[[fn:19]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":19,"text":"In his 2016 report (A/HRC/31/52, footnote 27), the Special Rapporteur on human rights and the environment noted that “the failure of States to effectively address climate change through international cooperation would prevent individual States from meeting their duties under human rights law to protect and fulfil the human rights of those within their own jurisdiction”."}],"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","C. Extraterritorial obligations, international cooperation and resource allocation"]},{"id":"cedaw-c-gc-37-0044","docId":"cedaw-c-gc-37","idx":44,"n":44,"text":"44. There is currently an insufficient level of resources being dedicated to addressing the underlying structural causes of gender inequality that increase the exposure of women to disaster risk and the effects of climate change and to developing gender-responsive programmes in those areas. Low-income, climate-vulnerable countries face particular challenges in developing, implementing and monitoring gender-responsive disaster risk reduction and climate change prevention, mitigation and adaptation policies and programmes, as well as in promoting access to affordable technology, owing to the limited availability of national public financing and development assistance.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","C. Extraterritorial obligations, international cooperation and resource allocation"]},{"id":"cedaw-c-gc-37-0045","docId":"cedaw-c-gc-37","idx":45,"n":45,"text":"45. In accordance with the Convention and other international human rights instruments, an adequate and effective allocation of financial and technical resources for gender-responsive disaster and climate change prevention, mitigation and adaptation must be ensured through both national budgets and international cooperation. Any steps taken by States parties to prevent, mitigate and respond to climate change and disasters within their own jurisdictions or extraterritorially must be firmly grounded in the human rights principles of substantive equality and nondiscrimination, participation and empowerment, accountability and access to justice, transparency and the rule of law.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","C. Extraterritorial obligations, international cooperation and resource allocation"]},{"id":"cedaw-c-gc-37-0046","docId":"cedaw-c-gc-37","idx":46,"n":46,"text":"46. States parties, separately and in cooperation with others, should:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","C. Extraterritorial obligations, international cooperation and resource allocation"]},{"id":"cedaw-c-gc-37-0047","docId":"cedaw-c-gc-37","idx":47,"n":47,"text":"47. The private sector and civil society organizations can play an important role in disaster risk reduction, climate resilience and the promotion of gender equality, at the national level and when operating transnationally. The development of public-private partnerships is promoted through a number of mechanisms, including in the context of the 2030 Agenda. Such partnerships may provide the financial and technical resources necessary to enable the creation of new infrastructure for disaster risk reduction and climate-resilient livelihoods.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","D. Non-State actors and extraterritorial obligations"]},{"id":"cedaw-c-gc-37-0048","docId":"cedaw-c-gc-37","idx":48,"n":48,"text":"48. In the United Nations Guiding Principles on Business and Human Rights, it is stipulated that businesses have a direct responsibility to respect and protect human rights, to act with due diligence to prevent human rights violations and to provide effective remedies for human rights violations connected to their operations. To ensure that private sector activities in the fields of disaster risk reduction and climate change respect and protect women’s human rights, they must guarantee accountability and be participatory, gender-responsive and subject to regular human rights-based monitoring and evaluation.","labels":["Women/girls","Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","D. Non-State actors and extraterritorial obligations"]},{"id":"cedaw-c-gc-37-0049","docId":"cedaw-c-gc-37","idx":49,"n":49,"text":"49. States parties should regulate the activities of non-State actors within their jurisdiction, including when they operate extraterritorially. General recommendation No. 28 reaffirms the requirement under article 2 (e) to eliminate discrimination by any public or private actor, which extends to acts of national corporations operating extraterritorially.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","D. Non-State actors and extraterritorial obligations"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-37-0050","docId":"cedaw-c-gc-37","idx":50,"n":50,"text":"50. Civil society organizations operating locally and internationally, sometimes in partnership with government authorities and the private sector, also have responsibilities to ensure that their activities in the fields of climate change and disaster risk reduction and management do no harm to local populations, and those organizations should take steps to minimize the harm that they may inadvertently be causing simply by being present and providing assistance.[[fn:20]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":20,"text":"See A/HRC/28/76, paras. 40 (g), 99 and 104."}],"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","D. Non-State actors and extraterritorial obligations"]},{"id":"cedaw-c-gc-37-0051","docId":"cedaw-c-gc-37","idx":51,"n":51,"text":"51. In relation to non-State actors, States parties should:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","D. Non-State actors and extraterritorial obligations"]},{"id":"cedaw-c-gc-37-0052","docId":"cedaw-c-gc-37","idx":52,"n":52,"text":"52. A lack of active participation by women in programmes relating to disaster risk reduction and climate change, in particular at the local level, impedes progress towards the implementation of gender equality commitments and the development of coordinated and effective policies and strategies for disaster risk reduction and climate resilience. Measures should be taken to build the capacity and capabilities of women, women’s rights organizations and State entities to participate in gender-responsive disaster risk and climate assessments at the local, national, regional and international levels.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","E. Capacity development and access to technology"]},{"id":"cedaw-c-gc-37-0053","docId":"cedaw-c-gc-37","idx":53,"n":53,"text":"53. In its statement on gender and climate change, the Committee noted that policies that supported gender equality in access to and use and control of science and technology and formal and informal education and training would enhance a nation’s capability in the areas of disaster reduction, mitigation and adaptation to climate change (A/65/38, part one, annex II). Too often, however, women have been unable to gain access to technology, training opportunities and information, owing to gender-based inequalities.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","E. Capacity development and access to technology"]},{"id":"cedaw-c-gc-37-0054","docId":"cedaw-c-gc-37","idx":54,"n":54,"text":"States parties should: (a) Increase the participation of women in the development of plans relating to disaster risk reduction and climate change, by supporting their technical capacity and providing adequate resources for that purpose; (b) Institutionalize leadership by women at all levels in disaster prevention, preparedness, including the development and dissemination of early warning systems, response and recovery and climate change mitigation and adaptation; (c) Ensure that early warning information is provided using technology that is modern, culturally appropriate, accessible and inclusive, taking into account the needs of diverse groups of women. In particular, the extension of Internet and mobile telephone coverage, as well as other reliable and cost-effective communications technology such as radios, and the accessibility of that technology for all women, including women belonging to indigenous and minority groups, older women and women with disabilities, should be actively promoted within the context of programmes relating to disaster risk reduction and climate change; (d) Ensure that women have access to technology for preventing and mitigating the adverse effects of disasters and climate change on crops, livestock, homes and businesses and that they can use and economically benefit from climate change adaptation and mitigation technology, including that relating to renewable energy and sustainable agricultural production; (e) Promote the understanding, application and use of the traditional knowledge and skills of women in disaster risk reduction and response and climate change mitigation and adaptation; (f) Promote and facilitate contributions by women to the conceptualization, development and use of disaster risk reduction and climate science technology.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","E. Capacity development and access to technology"]},{"id":"cedaw-c-gc-37-0055","docId":"cedaw-c-gc-37","idx":55,"n":55,"text":"55. In its general recommendation No. 35, the Committee noted that gender-based violence against women was one of the fundamental social, political and economic means by which the subordinate position of women with respect to men and their stereotyped roles were perpetuated. It also highlighted situations of disaster and the degradation and destruction of natural resources as factors that affected and exacerbated gender-based violence against women and girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","A. Right to live free from gender-based violence against women and girls"]},{"id":"cedaw-c-gc-37-0056","docId":"cedaw-c-gc-37","idx":56,"n":56,"text":"56. The Committee has also observed that sexual violence is common in humanitarian crises and may become acute in the wake of a national disaster. In a time of heightened stress, lawlessness and homelessness, women face an increased threat of violence (A/65/38, part two, annex II, para. 6).[[fn:21]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":21,"text":"See also general commendation No. 19 (1992) on violence against women and general recommendation No. 35 (2017) on gender-based violence against women, updating general commendation No. 19, para. 14."}],"section":["VI. Specific areas of concern","A. Right to live free from gender-based violence against women and girls"]},{"id":"cedaw-c-gc-37-0057","docId":"cedaw-c-gc-37","idx":57,"n":57,"text":"57. In accordance with the Convention and general recommendation No. 35, States parties should:","labels":["Indigenous peoples","Women/girls","Children","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","A. Right to live free from gender-based violence against women and girls"]},{"id":"cedaw-c-gc-37-0058","docId":"cedaw-c-gc-37","idx":58,"n":58,"text":"58. Article 10 of the Convention concerns the elimination of discrimination in education.[[fn:22]] Education improves the capacity of women to participate within their households, families, communities and businesses and to identify the means to reduce disaster risk, mitigate climate change, develop more effective recovery strategies and thus build more resilient communities. Education also increases access to opportunities, resources, technology and information that aids in disaster risk reduction and the development of effective policies relating to climate change. The prevention and mitigation of disasters and climate change require well-trained women and men in disciplines including economics, agriculture, water resources management, climatology, engineering, law, telecommunications and emergency services.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":22,"text":"See general recommendation No. 36 (2017) on the right of girls and women to education."}],"section":["VI. Specific areas of concern","B. Rights to education and to information"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-37-0059","docId":"cedaw-c-gc-37","idx":59,"n":59,"text":"59. In the aftermath of disasters, girls and women, whose access to education is often already limited as a result of social, cultural and economic barriers, may face even greater obstacles to participation in education, owing to the destruction of infrastructure, lack of teachers and other resources, economic hardship and security concerns.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","B. Rights to education and to information"]},{"id":"cedaw-c-gc-37-0060","docId":"cedaw-c-gc-37","idx":60,"n":60,"text":"60. In accordance with article 10 of the Convention and general recommendation No. 36, States parties should:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","B. Rights to education and to information"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-37-0061","docId":"cedaw-c-gc-37","idx":61,"n":61,"text":"61. Disasters and climate change directly affect women, in particular those living in poverty, by having an impact on their livelihoods. Economic inequalities between women and men are entrenched and reinforced through discrimination, including restrictions on ownership and control of land and property, unequal remuneration, the concentration of women in precarious, informal and unstable employment, sexual harassment and other forms of workplace violence, pregnancy-related discrimination in employment, gendered divisions of household labour and the undervaluing of the contributions of women in domestic, community and care work, as well as workplace discrimination including labour and sexual exploitation, land grabs and environmental destruction by abusive extractive industries and due to unregulated industrial and/or agro-industrial activities. All such gender-based discrimination limits the capacity of women to prevent and adapt to the harm generated by disasters and climate change.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","C. Rights to work and to social protection"]},{"id":"cedaw-c-gc-37-0062","docId":"cedaw-c-gc-37","idx":62,"n":62,"text":"62. The burden of caregiving and domestic work often increases for women following disasters. The destruction of food stocks, housing and infrastructure such as water and energy supplies and an absence of social protection systems and health-care services all have specific consequences for women and girls. The result of such gendered inequalities is the increased vulnerability and mortality levels among women and girls, and they are frequently left with less time to engage in economic activities or to gain access to the resources, including information and education, necessary for recovery and adaptation.[[fn:23]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":23,"text":"See, for example, A/55/38, para. 339."}],"section":["VI. Specific areas of concern","C. Rights to work and to social protection"]},{"id":"cedaw-c-gc-37-0063","docId":"cedaw-c-gc-37","idx":63,"n":63,"text":"63. Social and legal inequalities further restrict the ability of women to move to safer, less disaster-prone areas and may limit women’s rights to access to financial services, credit, social security benefits and secure tenure of land and other productive resources.[[fn:24]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":24,"text":"See general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution and general recommendation No. 34 (2016) on the rights of rural women."}],"section":["VI. Specific areas of concern","C. Rights to work and to social protection"]},{"id":"cedaw-c-gc-37-0064","docId":"cedaw-c-gc-37","idx":64,"n":64,"text":"States parties should: (a) Invest in gender-responsive social protection systems and social services that reduce economic inequalities between women and men and enable women to mitigate disaster risk and adapt to the adverse effects of climate change. Eligibility criteria for social protection schemes should be closely monitored to ensure that they are accessible to all groups of women, including women heads of household, unmarried women, internally displaced, migrant and refugee women and women with disabilities; (b) Ensure the resilience to disasters of workplaces and critical infrastructure, including nuclear reactors and plants, through regular inspections and the adoption of building safety codes and other systems to guarantee that such infrastructure, in particular that which is necessary for income-generating and domestic activities, is rendered operational as expeditiously as possible following disasters; (c) Guarantee women’s equal right to decent and sustainable employment opportunities, as provided for in article 11 of the Convention, and apply that right in the context of disaster prevention, management and recovery and in connection with climate change adaptation in both urban and rural areas; (d) Facilitate equal access for women to markets, financial services, credit and insurance schemes and regulate the informal economy to ensure that women are able to claim pensions and other employment-related social security entitlements; (e) Acknowledge and address the unequal burden of the unpaid and care work performed by women, including within disaster and climate policies. Policies and programmes should be developed to assess, reduce and redistribute the gendered burden of care tasks, such as awareness-raising programmes on the equal sharing of domestic work and unpaid care work, the introduction of time-saving measures and the inclusion of appropriate technology, services and infrastructure; (f) Protect and promote women’s right to access to training in non-traditional areas of work, including within the green economy, and sustainable livelihoods, which would enable them to design, participate in, manage and monitor disaster and climate change prevention, preparedness, mitigation and adaptation initiatives and better equip them to benefit from such interventions.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","C. Rights to work and to social protection"],"citedArticles":[{"treaty":"CEDAW","article":"11","source":"regex"}]},{"id":"cedaw-c-gc-37-0065","docId":"cedaw-c-gc-37","idx":65,"n":65,"text":"65. Under article 12 of the Convention, States parties are to guarantee substantive equality between women and men in the provision of health-care services, including sexual and reproductive health services and mental and psychological health services. The measures that States parties must take, under article 12, in order to respect, protect and fulfil the right to health for all women are detailed in the Committee’s general recommendation No. 24 (1999) on women and health. Health services and systems, including sexual and reproductive health services, should be available, accessible, acceptable and of good quality, even in the context of disasters.[[fn:25]] To that end, measures should be taken to ensure that gender-responsive climate change and disaster resilience policies, budgets and monitoring activities are fully integrated into health services and systems.[[fn:26]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":25,"text":"WHO, “Gender inequities in environmental health”, EUR/5067874/151 (2008)."},{"n":26,"text":"Intergovernmental Panel on Climate Change, Climate Change 2014: Impacts, Adaptation, and Vulnerability–Part A: Global and Sectoral Aspects, Working Group II Contribution to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (New York, Cambridge University Press, 2014), p. 733."}],"section":["VI. Specific areas of concern","D. Right to health"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"cedaw-c-gc-37-0066","docId":"cedaw-c-gc-37","idx":66,"n":66,"text":"66. Climate change and disasters, including pandemics, influence the prevalence, distribution and severity of new and re-emerging diseases. The susceptibility of women and girls to disease is heightened as a result of inequalities in access to food, nutrition and health care and the social expectations that women will act as primary caregivers for children, older persons and the sick.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","D. Right to health"]},{"id":"cedaw-c-gc-37-0067","docId":"cedaw-c-gc-37","idx":67,"n":67,"text":"67. States parties should ensure that detailed policies and budget allocations are made to promote, protect and fulfil women’s right to health, including sexual and reproductive health and comprehensive, age-appropriate sexuality education, mental and psychological health, hygiene and sanitation. Provisions for antenatal and postnatal care, such as emergency obstetric care and support for breastfeeding, should form part of strategies, plans and programmes relating to climate change and disasters.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","D. Right to health"]},{"id":"cedaw-c-gc-37-0068","docId":"cedaw-c-gc-37","idx":68,"n":68,"text":"68. In particular, States parties should:","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities","LGBTI+","Persons living with HIV/AIDS"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","D. Right to health"]},{"id":"cedaw-c-gc-37-0069","docId":"cedaw-c-gc-37","idx":69,"n":69,"text":"69. The impacts of climate change are already being experienced in many areas, in connection with decreased food security, land degradation and more limited availability of water and other natural resources. There is evidence that the effects of food, land and water insecurity are not gender-neutral and that women are more likely to suffer from undernourishment and malnutrition in times of food scarcity.[[fn:27]] It has also been shown that women and girls, who are those with the primary responsibility for growing, gathering and preparing food and collecting fuel and water in many societies, are disproportionately affected by a lack of available, affordable, safe and accessible drinking water and fuel sources. The additional burden placed on women and girls by such climate-related resource scarcity drains time, causes physical hardship, increases exposure to the risk of violence and increases stress.[[fn:28]]","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":27,"text":"See, for example, CEDAW/C/NPL/CO/4–5."},{"n":28,"text":"WHO, “Gender, climate change and health”."}],"section":["VI. Specific areas of concern","E. Right to an adequate standard of living","Food, land, housing, water and sanitation"]},{"id":"cedaw-c-gc-37-0070","docId":"cedaw-c-gc-37","idx":70,"n":70,"text":"70. Women, in particular rural and indigenous women, are directly affected by disasters and climate change, as food producers and as agricultural workers because they make up the majority of the world’s smallholder and subsistence farmers and a significant proportion of farmworkers. As a result of discriminatory laws and social norms, women have limited access to secure land tenure, and the farmland that they are allotted tends to be of inferior quality and more prone to flooding, erosion or other adverse climatic events. Owing to the increasing rate of out-migration among men in climate change-affected areas, women are left with the sole responsibility for farming, yet they do not possess the legal and socially recognized land ownership necessary to adapt to the changing climatic conditions effectively. Women are also indirectly affected by the impacts of weather-related events on the price of foodstuffs.","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","E. Right to an adequate standard of living","Food, land, housing, water and sanitation"]},{"id":"cedaw-c-gc-37-0071","docId":"cedaw-c-gc-37","idx":71,"n":71,"text":"71. Articles 12 and 14 of the Convention contain specific guarantees on nutrition and the equal participation of women in decision-making about food production and consumption. In addition, the core obligations of States parties to eliminate discrimination, outlined in article 2, to modify cultural patterns of behaviour based on discriminatory stereotypes, in article 5 (a), to ensure equality before the law, in article 15, and to guarantee equality within marriage and family relations, in article 16, are of central importance to addressing women’s rights to land and productive resources, which are vital to ensuring the right to food and sustainable livelihoods.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","E. Right to an adequate standard of living","Food, land, housing, water and sanitation"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-37-0072","docId":"cedaw-c-gc-37","idx":72,"n":72,"text":"States parties should: (a) Promote and protect women’s equal rights to food, housing, sanitation, land and natural resources, including adequate drinking water, water for domestic use and for food production, and take positive measures to guarantee the availability and accessibility of those rights, even during times of scarcity. Particular attention should be paid to ensuring that women living in poverty, in particular those in informal settlements in both urban and rural areas, have access to adequate housing, drinking water, sanitation and food, especially in the context of disasters and climate change; (b) Increase resilience to the impacts of disasters and climate change among women by identifying and supporting livelihoods that are sustainable and empowering, and develop gender-responsive services, including extension services to assist women farmers, that enable women to gain access to and benefit from those livelihoods; (c) Develop participatory, gender-responsive development plans and policies that integrate a human rights-based approach, in order to guarantee sustainable access to adequate housing, food, water and sanitation. Priority should be given to ensuring the accessibility of services for all women; (d) Adopt legislation, programmes and policies and allocate budgets to eliminate homelessness and to ensure that adequate and disaster resilient housing is available and accessible to all women, including those with disabilities. Measures must be taken to protect women against forced eviction and to ensure that public housing and rental assistance schemes accord priority and respond to the specific needs of groups of women.","labels":["Women/girls","Persons in street situations","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","E. Right to an adequate standard of living","Food, land, housing, water and sanitation"]},{"id":"cedaw-c-gc-37-0073","docId":"cedaw-c-gc-37","idx":73,"n":73,"text":"73. The increasing frequency and intensity of extreme weather events and environmental degradation resulting from climate change are likely to lead to significant population displacement both within countries and across borders.[[fn:29]]","labels":["Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":29,"text":"United Nations Entity for Gender Equality and the Empowerment of Women, “Addressing gender dimensions in large-scale movements of refugees and migrants”, joint statement by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Committee on the Elimination of Discrimination against Women, the United Nations Entity for Gender Equality and the Empowerment of Women and the Office of the United Nations High Commissioner for Human Rights, 19 September 2016."}],"section":["VI. Specific areas of concern","F. Right to freedom of movement"]},{"id":"cedaw-c-gc-37-0074","docId":"cedaw-c-gc-37","idx":74,"n":74,"text":"74. The Committee and many other international human rights bodies, including the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, have recognized that disasters and climate change are among the push factors for migration, in particular among women.[[fn:30]] In several regions, climate change and disasters are contributing to an increase in the migration of women, on their own, into sectors of work done predominantly by women, for the purposes of supporting family members who no longer have local livelihood opportunities.","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":30,"text":"Ibid. See also general recommendation No. 26 (2008) on women migrant workers."}],"section":["VI. Specific areas of concern","F. Right to freedom of movement"]},{"id":"cedaw-c-gc-37-0075","docId":"cedaw-c-gc-37","idx":75,"n":75,"text":"75. Women migrants face a heightened risk of gender-based violence, including trafficking in persons, and other forms of discrimination in transit, in camps, at borders and in destination countries. Women may also face specific human rights violations during migration and at their destination, owing to a lack of adequate sexual, reproductive and mental health services and discrimination in gaining access to employment, social security, education, housing, legal documents such as birth or marriage certificates, and justice. Migrant women and girls are frequently subject to intersecting forms of discrimination. Women who migrate may also be vulnerable to the impacts of climate change in destination areas, in particular in urban centres in developing countries.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","F. Right to freedom of movement"]},{"id":"cedaw-c-gc-37-0076","docId":"cedaw-c-gc-37","idx":76,"n":76,"text":"76. In many contexts, however, women are impeded from leaving regions that are at high risk of disaster or migrating to re-establish their lives in the wake of extreme climatic events.[[fn:31]] Gender-based stereotypes, household responsibilities, discriminatory laws, lack of economic resources and limited access to social capital frequently restrict the ability of women to migrate.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","F. Right to freedom of movement"],"footnotes":[{"n":31,"text":"Asian Development Bank, Gender Equality and Food Security: Women’s Empowerment as a Tool against Hunger (Mandaluyong City, Philippines, 2013), p. 12."}]},{"id":"cedaw-c-gc-37-0077","docId":"cedaw-c-gc-37","idx":77,"n":77,"text":"77. Women who are left behind when male family members migrate may also find themselves having to take on non-traditional economic and community leadership tasks for which they have had little preparation or training, such as when disasters occur and women must assume primary responsibility for coordinating mitigation, recovery and adaptation efforts.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","F. Right to freedom of movement"]},{"id":"cedaw-c-gc-37-0078","docId":"cedaw-c-gc-37","idx":78,"n":78,"text":"78. In accordance with the Convention and general recommendation No. 26 (2008) on women migrant workers and general recommendation No. 32, States parties should:","labels":["Migrants","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","F. Right to freedom of movement"]},{"id":"cedaw-c-gc-37-0079","docId":"cedaw-c-gc-37","idx":79,"n":79,"text":"79. To effectively prevent and mitigate the impacts of disasters and climate change, States parties and other stakeholders should take measurable and targeted steps to collect, analyse and disseminate information and data concerning the development of strategies, policies and programmes designed to address gender inequalities, reduce disaster risk and increase resilience to the adverse effects of climate change.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VII. Dissemination and reporting"]},{"id":"cedaw-c-gc-37-0080","docId":"cedaw-c-gc-37","idx":80,"n":80,"text":"80. Cooperative networks between civil society organizations working in the field of gender equality and those working in humanitarian assistance, disaster risk reduction and climate change should be established and should include national human rights institutions, government agencies at all levels and international organizations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VII. Dissemination and reporting"]},{"id":"cedaw-c-gc-37-0081","docId":"cedaw-c-gc-37","idx":81,"n":81,"text":"81. To ensure that effective monitoring and reporting systems are established, States parties should:","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VII. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0001","docId":"cedaw-c-gc-38","idx":1,"n":1,"text":"Article 6 of the Convention on the Elimination of All Forms of Discrimination against Women sets out the legal obligation of States parties to take all appropriate measures, including legislation, to suppress all forms of trafficking in women and exploitation of prostitution of women. Despite the plethora of existing legal and policy frameworks to combat trafficking at the national, regional and international levels, women and girls continue to comprise the majority of detected victims of trafficking across the world, and perpetrators enjoy widespread impunity.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-c-gc-38-0002","docId":"cedaw-c-gc-38","idx":2,"n":2,"text":"In the view of the Committee, the situation persists due to a lack of appreciation of the gender dimensions of trafficking overall and, in particular, of the trafficking of women and girls who are exposed to various types of exploitation, including sexual exploitation. A gender analysis of the crime reveals that its root causes lie in sex-based discrimination, including the failure to address the prevailing economic and patriarchal structures and the adverse and gender-differentiated impact of the labour, migration and asylum regimes of States parties that create the situations of vulnerability leading to women and girls being trafficked.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["I. Introduction"]},{"id":"cedaw-c-gc-38-0003","docId":"cedaw-c-gc-38","idx":3,"n":3,"text":"Globally dominant economic policies further exacerbate large-scale economic inequality between States and between individuals, which manifests as labour exploitation, including denial by corporations, public procurement officials and employers of an obligation to ensure that there are no trafficked persons in their supply or production chains. Globalized macroeconomic and political factors, including the privatization of public goods, deregulated labour markets, the shrinking of the welfare State, and austerity measures forming part of structural adjustment policies and as an aid conditionality, often exacerbate unemployment and poverty and produce economic injustices that have a disproportionate impact on women. Often accompanied by other economic policies, such as reduction in government spending on social services and the privatization of public goods and services, regressive tax shifts and labour market reforms all severely hamper States’ abilities to implement social policies that form the basis for dismantling structural inequalities, including gender inequalities and violations of women’s human rights in various spheres. Reduced social expenditure further shifts the responsibilities for basic social services from the Government to women. Those factors reinforce, and are perpetuated by, discriminatory cultural and social norms that engender the oppression of various groups of women.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["I. Introduction"]},{"id":"cedaw-c-gc-38-0004","docId":"cedaw-c-gc-38","idx":4,"n":4,"text":"Mandated under article 21 of the Convention to develop general recommendations with the aim of clarifying the obligation of States parties to combat discrimination against women and girls, the Committee advances that a life free from being trafficked must be recognized as a human right and appropriate conditions must be created for that right to be fully enjoyed by women and girls. States parties must pursue all appropriate means to eradicate trafficking and exploitation of prostitution to ensure that laws, systems, regulations and funding are in place to make the realization of that right effective, rather than illusory. The provisions of the Convention are mutually reinforcing so as to provide complete protection. The present general recommendation links article 6 of the Convention with all other articles of the Convention and the existing jurisprudence of the Committee.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["II. Objectives and scope"],"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"},{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-c-gc-38-0005","docId":"cedaw-c-gc-38","idx":5,"n":5,"text":"The present general recommendation contextualizes the implementation of the obligations of States parties to combat all forms of trafficking, as stipulated in article 6 of the Convention, in the context of global migration. Pathways of trafficking in persons often align with mixed migration flows. The Committee highlights the particular vulnerability of smuggled women and girls to being trafficked and underlines the conditions created by restrictive migration and asylum regimes that push migrants towards irregular pathways.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["II. Objectives and scope"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-c-gc-38-0006","docId":"cedaw-c-gc-38","idx":6,"n":6,"text":"In the present general recommendation, the Committee affirms that it is a priority duty of States, both individually and collectively, to prevent women and girls from exposure to the risk of being trafficked. States are also obliged to discourage the demand that fosters exploitation and leads to trafficking. It has set out practical guidance on implementing anti-trafficking interventions that are based on an approach incorporating a gender and intersectional perspective, with the focus placed on realizing the human rights of women and girls as a strategic priority for achieving sustainable development. It recalls the obligations of States parties under international law, including the jurisprudence of the Committee, to identify, assist and protect survivors of trafficking, to prevent their revictimization and to ensure their access to justice and the punishment of perpetrators.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-38-0007","docId":"cedaw-c-gc-38","idx":7,"n":7,"text":"The Committee acknowledges that the causes, consequences and experiences of trafficking differ for young girls, for adolescent girls and for adult women. It highlights the additional vulnerability of girls due to the intersecting characteristics of sex and age, recalling that children who are victims of trafficking are entitled to enhanced substantive and procedural protections under international law. The Committee encourages States parties to address the full spectrum of those differences, ensuring age-appropriate and child-centred anti-trafficking response measures, where appropriate.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-38-0008","docId":"cedaw-c-gc-38","idx":8,"n":8,"text":"Article 6 of the Convention is based on article 8 of the Declaration on the Elimination of Discrimination against Women, which provides that all appropriate measures, including legislation, be taken to combat all forms of trafficking in women and exploitation of prostitution of women. International law on the question was codified and developed in the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. This legal basis requires that article 6 be read as an indivisible provision, which links trafficking and sexual exploitation.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-c-gc-38-0009","docId":"cedaw-c-gc-38","idx":9,"n":9,"text":"While trafficking is defined as a criminal offence in international law, the primary obligation of States parties is to address trafficking in a way that respects, protects and fulfils the human rights of persons, in particular those belonging to marginalized groups, as set out in the core United Nations human rights treaties, drawing from the Universal Declaration of Human Rights. The Recommended Principles and Guidelines on Human Rights and Human Trafficking elaborated by the Office of the United Nations High Commissioner for Human Rights in 2002, and the commentary thereon elaborated in 2010, provide an important soft law framework for integrating a human rights-based approach into all anti-trafficking interventions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0010","docId":"cedaw-c-gc-38","idx":10,"n":10,"text":"The Committee affirms that discrimination against women and girls includes gender-based violence, the prohibition of which has evolved into a principle of customary international law. Recognizing the gender-specific nature of the various forms of trafficking in women and girls and their consequences, including with regard to harms suffered, the Committee acknowledges that trafficking and exploitation of prostitution in women and girls is unequivocally a phenomenon rooted in structural, sex-based discrimination, constituting gender-based violence, and is often exacerbated in the contexts of displacement, migration, the increased globalization of economic activities, including global supply chains, the extractive and offshore industries, increased militarism, foreign occupation, armed conflict, violent extremism and terrorism.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0011","docId":"cedaw-c-gc-38","idx":11,"n":11,"text":"11. The internationally accepted legal definition of trafficking in persons is set out in article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"],"citedArticles":[{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text attributes the trafficking definition to 'article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons...' — this is the Palermo Protocol to UNTOC, not in the permitted treaty codelist. Regex wrongly assigned CEDAW."}]},{"id":"cedaw-c-gc-38-0012","docId":"cedaw-c-gc-38","idx":12,"n":12,"text":"The Committee emphasizes that the realities of trafficking in women and girls extend beyond the scope of the Trafficking in Persons Protocol, such as in the recent trends and role of information and communications technology, social media and messaging applications in the recruitment of women and girls and their exploitation. It acknowledges that the definition of trafficking in persons extends beyond situations in which physical violence has been used or the victim has been deprived of personal liberty. Its examination of the reports of States parties has revealed that the abuse of a position of vulnerability and the abuse of power are the most common means used to commit the crime of trafficking and that victims are often subjected to multiple forms of exploitation.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0013","docId":"cedaw-c-gc-38","idx":13,"n":13,"text":"Combating trafficking in women and girls in the context of global migration requires the engagement of the larger protection framework stemming from international humanitarian law, refugee law, criminal law, labour law and international private law, the conventions against statelessness, slavery and the slave trade and international human rights law instruments. The Convention reinforces and complements the regional and international law regime for victims of trafficking, in particular in cases in which explicit gender equality provisions are absent from international agreements. The Committee recognizes that women and girls retain the concurrent protection of those legal instruments.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0014","docId":"cedaw-c-gc-38","idx":14,"n":14,"text":"Trafficking and sexual exploitation in women and girls is a human rights violation and can be a threat to international peace and security. The positive obligation of States parties to prohibit trafficking is reinforced by international criminal law, including the Rome Statute of the International Criminal Court, in which enslavement, sexual slavery and enforced prostitution are recognized as crimes that may fall within the jurisdiction of the Court.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0015","docId":"cedaw-c-gc-38","idx":15,"n":15,"text":"Obligations flowing to non-State actors to respect the prohibition of trafficking also arise from the peremptory norm (jus cogens) prohibiting slavery, the slave trade and torture, and the Committee notes that, in certain cases, trafficking in women and girls may amount to such rights violations.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0016","docId":"cedaw-c-gc-38","idx":16,"n":16,"text":"Strategic global action by States to combat trafficking, especially in women and girls, must happen within the commitments set out in the Global Compact for Safe, Orderly and Regular Migration and the 2030 Agenda for Sustainable Development, as well as in the context of the implementation of the United Nations Global Plan of Action to Combat Trafficking in Persons and Security Council resolutions.","labels":["Migrants","Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0017","docId":"cedaw-c-gc-38","idx":17,"n":17,"text":"States parties bear a legal obligation to respect and ensure the rights set out in the Convention to anyone within their power or effective control, even if not situated within their respective territories. The direct obligation of States parties to prevent, investigate, prosecute and punish acts of trafficking in women and girls and offer redress to victims extends to the acts or omissions of all perpetrators, including private persons, family members and intimate partners, State-mandated actors and officials, organizations and businesses, as well as non-State actors, including armed terrorist groups.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0018","docId":"cedaw-c-gc-38","idx":18,"n":18,"text":"Identifying, addressing and eliminating the following root causes are key elements of the obligation of States parties to prevent trafficking and sexual exploitation in women and girls in the context of global migration: (a) the systemic gender-based discrimination that creates the economic and social injustices experienced disproportionately by women and girls; (b) situations of conflict and humanitarian emergencies, including the consequent displacement; (c) discrimination in migration and asylum regimes; and (d) the demand that fosters exploitation and leads to trafficking.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls"]},{"id":"cedaw-c-gc-38-0019","docId":"cedaw-c-gc-38","idx":19,"n":19,"text":"Criminal law alone is unable to address or redress the crime of trafficking, due to the uneven harmonization of laws, including the definition of trafficking, both between countries and within countries, the complexity of the financial operations and the powerlessness of justice systems, which are often corrupt, underfunded and underresourced, to fight against powerful trafficking networks. An effective anti-trafficking response ensuring that women and girls are able to exercise their fundamental rights must therefore engage all substantive provisions of the Convention and be read within the international human rights treaty framework.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls"]},{"id":"cedaw-c-gc-38-0020","docId":"cedaw-c-gc-38","idx":20,"n":20,"text":"Trafficking in women and girls is rooted in sex-based and gender-based discrimination, gender-based structural inequality and the feminization of poverty. The women and girls who are most vulnerable to being trafficked are those belonging to marginalized groups, such as women and girls living in rural and remote areas, those belonging to indigenous and ethnic minority communities, women and girls with disabilities, women and girls with an irregular migration status, as well as those who are displaced, stateless or at risk of statelessness, refugee and asylum-seeking women and girls, including those whose claims have been rejected, women and girls living in or coming from conflict or post-conflict settings and girls without care or in alternative care, and their life experiences are marked by serious rights deprivation. Members of those groups often experience social, political and economic exclusion, resulting in their being more likely to be impoverished, uneducated or undereducated, unregistered or undocumented and unemployed or underemployed, to carry the burden of household and childcare responsibilities, to face restricted access to State benefits, protection and services, to experience intimate partner and domestic violence, abuse and neglect in the family environment, to be in care institutions and to be subjected to child, forced and servile marriage or deprivations due to widowhood. Such situations can be aggravated by the additional burden of an impairment or severe illness that is a consequence of trafficking, including sexual exploitation.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities","Persons living in rural/remote areas","Non-citizens and stateless","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","A. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0021","docId":"cedaw-c-gc-38","idx":21,"n":21,"text":"Women and girls continue to be the prime targets of traffickers for specific forms of exploitation, owing to the pervasive and persistent gender and age inequalities that result in an economic, social and legal status of women and girls that is lower in comparison with that which is enjoyed by men and boys. Violations of all rights under the Convention may be found at the root of trafficking in women and girls and must be addressed as part of a transformative approach that empowers women and girls by promoting gender equality and their civil, political, economic, social and cultural rights, in line with Sustainable Development Goals 1, 3, 4–5, 8, 10–11, 13 and 16.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","A. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0022","docId":"cedaw-c-gc-38","idx":22,"n":22,"text":"Migration is a constitutive element of modern society and can be empowering for women if they are able to migrate and work in conditions in which their dignity is respected. Although it presents new social and economic opportunities for many women, migration may also place their human rights and security at risk, in particular if they are compelled to travel through irregular channels and/or it results in an irregular migration situation. Women and girls face an increased risk of being trafficked at all stages of the migration cycle – in transit, in reception and accommodation facilities, at borders and in destination countries. Upon return, they may experience reprisals and revictimization.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0023","docId":"cedaw-c-gc-38","idx":23,"n":23,"text":"Although States have a sovereign prerogative to manage their borders and regulate migration, they must do so in full compliance with their obligations as parties to the human rights treaties that they have ratified or to which they have acceded. That includes transparency and accountability in the ways in which States govern migration and provide safe pathways guaranteeing the human rights of women throughout all stages of migration.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0024","docId":"cedaw-c-gc-38","idx":24,"n":24,"text":"Sex-specific or discriminatory migration and asylum policies establishing measures such as increased border control, refusal of entry, pushbacks, expulsion or detention limit the movement of women and girls fleeing from crises and conflict zones. They heighten their vulnerability to all forms of exploitation, in particular at points of transit, not least of which due to an increased need to use the services of people smugglers or other types of underground or criminal networks in order to move, both internally as well as internationally to evade border controls. Girls who are unaccompanied or separated from their families or other support structures due to displacement are particularly vulnerable to being trafficked.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Persons deprived of their liberty","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0025","docId":"cedaw-c-gc-38","idx":25,"n":25,"text":"The Committee reaffirms that displacement has specific gender dimensions and that the Convention applies at every stage of the displacement cycle – during flight, in settlement and upon return. It has recognized that gender-based violence against women and girls is one of the major forms of persecution experienced by women and girls that may be grounds for granting refugee status and asylum and/or residence permits on humanitarian grounds. Trafficking in women and girls breaches specific provisions of the Convention relating to the Status of Refugees and should therefore be recognized as legitimate grounds for international protection in law and in practice, in specific cases. Furthermore, refugee women and girls are highly vulnerable to trafficking and are in need of international protection, especially against refoulement.","labels":["Refugees & asylum-seekers","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0026","docId":"cedaw-c-gc-38","idx":26,"n":26,"text":"Gender-neutral provisions in States’ migration policies contribute to limiting access for women to safe and regular migration pathways and to regular and decent job opportunities in transit and destination countries. The ability for women to migrate is further restricted by gender-based stereotypes, discriminatory laws, discrimination and exploitation in recruitment, lack of available decent work and limited reliable information on migration. Migrant women also face indirect discrimination from migration laws that have prerequisites such as a mandatory minimum income in order to obtain a visa. Given that women are often employed in low-wage and insecure employment, it is difficult for some women to satisfy such criteria.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0027","docId":"cedaw-c-gc-38","idx":27,"n":27,"text":"Visa regimes may be responsible for creating an economic and legal dependency on an employer or spouse, creating the conditions for exploitation and for such sponsors to operate with impunity. The temporary or seasonal work in which migrant women are often engaged may not offer pathways to more regular, long-term or permanent employment and often does not offer unemployment protection, health care or access to other gender-responsive social protection and essential services. Sex-specific migration bans or restrictions, designed to protect women from trafficking, notably often heighten the risk of women becoming victims of trafficking, given that they are then obliged to seek alternative ways to migrate.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0028","docId":"cedaw-c-gc-38","idx":28,"n":28,"text":"A disproportionate number of migrant women are engaged in informal and precarious employment, in particular in sectors categorized as “low-skilled”, such as care, domestic and manufacturing services. In those sectors, sex-specific migration rules and policies intersect with racial discrimination to perpetuate sex-based stereotypes about what constitutes so-called “women’s work” and discrimination against women. Such gender-segregated labour markets do not offer decent and safe working conditions, because they are either part of the unregulated informal economy or, where regulated, they provide fewer protections than sectors meeting national standards. Migrant women, in particular domestic and farm workers, may be confined to their place of work and have little access to information about their rights and entitlements, thereby exposing them to the risk of severe human rights violations.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0029","docId":"cedaw-c-gc-38","idx":29,"n":29,"text":"Strategies aimed at preventing trafficking must take into account demand as a root cause. Failure to recognize the demand is acknowledged as one of the barriers to States addressing trafficking in persons. Demand in the context of trafficking is often shaped by desire for financial gain, discriminatory attitudes, including cultural attitudes, and beliefs. Women may be preferred for certain forms of exploitation because they are perceived as being weak and less likely to assert themselves or to claim the rights to which they are entitled. Members of certain ethnic or racial groups may be targeted for trafficking-related exploitation on the basis of such racist or culturally discriminatory assumptions as those relating to their sexuality, servility or work capacity. The need to address demand for certain forms of trafficking is particularly urgent.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","C. Demand that fosters exploitation and leads to trafficking"]},{"id":"cedaw-c-gc-38-0030","docId":"cedaw-c-gc-38","idx":30,"n":30,"text":"Sexual exploitation persists due to the failure of States parties to effectively discourage the demand that fosters exploitation and leads to trafficking. Persistent norms and stereotypes regarding male domination and the need to assert male control or power, enforce patriarchal gender roles and male sexual entitlement, coercion and control, which drive the demand for the sexual exploitation of women and girls. Massive financial gains with few risks owing to impunity are still widespread. Under article 9 (5) of the Trafficking in Persons Protocol, States should adopt or strengthen legislative or other measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking. The need to address the demand that fosters sexual exploitation is especially important in the context of digital technology, which exposes potential victims to an increased risk of being trafficked.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","C. Demand that fosters exploitation and leads to trafficking"],"citedArticles":[{"treaty":"CEDAW","article":"9","paragraph":"5","source":"regex"}]},{"id":"cedaw-c-gc-38-0031","docId":"cedaw-c-gc-38","idx":31,"n":31,"text":"In the context of labour as a form of trafficking in women and girls, demand for trafficking persists due to an insufficient regulatory environment. Where workers are organized, where labour standards for wages, working hours and conditions and health and safety are monitored and enforced and where economic and social rights, as well as changes to tax laws so that States can finance the public services that women need, are adequately implemented, the demand for the labour or services of trafficked persons is markedly lower.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","C. Demand that fosters exploitation and leads to trafficking"]},{"id":"cedaw-c-gc-38-0032","docId":"cedaw-c-gc-38","idx":32,"n":32,"text":"Medical advancements in organ transplantation give critically ill individuals a chance of survival. However, the dramatic scarcity of human organs and the failure to address the legal responsibility of those in the demand and supply chains encourage unregulated and often enforced organ removals.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","C. Demand that fosters exploitation and leads to trafficking"]},{"id":"cedaw-c-gc-38-0033","docId":"cedaw-c-gc-38","idx":33,"n":33,"text":"The obligations of States parties do not cease in the context of states of emergency resulting from conflict, political events, health crises or natural disasters. Women and girls face an increased vulnerability to gender-based violence, including trafficking, when they are not able to meet their basic livelihood needs or confront economic desperation, which is often exacerbated in such contexts.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","D. Situations of conflict and humanitarian emergencies"]},{"id":"cedaw-c-gc-38-0034","docId":"cedaw-c-gc-38","idx":34,"n":34,"text":"Trafficking in women and girls is exacerbated during and after situations of conflict and humanitarian emergencies, owing to displacement, the breakdown of political, economic and social structures, instability and insufficient governance, including the absence of the rule of law, increased militarism, the availability of small arms, the weakening or loosening of community and family ties, the high incidence of widowhood and the “normalization” of gender-based violence, including conflict-related sexual violence, as an aggravating factor of pre-existing structural, gender-based discrimination against women and girls.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","D. Situations of conflict and humanitarian emergencies"]},{"id":"cedaw-c-gc-38-0035","docId":"cedaw-c-gc-38","idx":35,"n":35,"text":"Financial flows to certain terrorist groups remain a critical component of trafficking, especially sexual exploitation. During humanitarian emergencies, Governments are often required to divert resources, including policing and social services, making it easier for traffickers to hide their operations and rendering victims increasingly invisible, as well as making it more difficult for victims to seek protection, services, assistance and support.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","D. Situations of conflict and humanitarian emergencies"]},{"id":"cedaw-c-gc-38-0036","docId":"cedaw-c-gc-38","idx":36,"n":36,"text":"Digital technologies offer new possibilities for having a positive impact on society. At the same time, they pose new security challenges at both the individual and State levels. The use of electronic currencies offers tools for hiding personal information, such as the identification of the parties involved in the transaction and their location, and allow for making anonymous payments, without even disclosing the purpose of the transaction, all of which facilitates trafficking. Demand channels, through social media, the dark web and messaging platforms, provide easy access to potential victims, thereby increasing their vulnerability.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","E. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0037","docId":"cedaw-c-gc-38","idx":37,"n":37,"text":"The use of digital technology for trafficking poses special problems during global pandemics. In the context of the coronavirus disease (COVID-19) pandemic, State parties face a growth in trafficking in cyberspace, including increases in recruitment for sexual exploitation online, in demand for child sexual abuse material and in technology-facilitated child sex trafficking.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","E. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0038","docId":"cedaw-c-gc-38","idx":38,"n":38,"text":"International human rights law imposes positive obligations on States to identify victims of trafficking, a duty placed firmly on States, irrespective of the lack of self-identification by a victim. Victims are often hidden in non-public areas, such as private residences, isolated factories and farms and brothels. Front-line professionals often lack the required training to adequately understand, identify and appropriately respond to all types of victims, including survivors of sexual exploitation, and to intersecting forms of exploitation. In mixed migration flow hotspots, appropriate and confidential spaces for carrying out identification by trained staff and interpreters, who can promptly assess indicators of vulnerability and provide adequate support, are lacking. Survivors are often reluctant to self-identify or to disclose who has trafficked them for fear of retaliation, owing to lack of information on the crime and where to report it and to fear of engaging with authorities, including fear of being detained, prosecuted, punished and deported.","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["V. Assistance and protection for women and girls who are victims of trafficking","A. Victim identification"]},{"id":"cedaw-c-gc-38-0039","docId":"cedaw-c-gc-38","idx":39,"n":39,"text":"Victims of trafficking have a special status and a right to special assistance and protection measures provided by the State. Long-term, needs-based, comprehensive, victim-centred assistance and protection measures are often lacking in anti-trafficking response measures due to poor victim identification and an insufficient definition of trafficking in national law and implementation thereof.","labels":["Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["V. Assistance and protection for women and girls who are victims of trafficking","B. Victim assistance and protection"]},{"id":"cedaw-c-gc-38-0040","docId":"cedaw-c-gc-38","idx":40,"n":40,"text":"Victims of trafficking are in need of high-quality support services with immediate availability, which must be inclusive and accessible, include access to information on their rights, the medical, psychological, social and legal services available to them and how to acquire access to them, as well as to safe and appropriate accommodations. However, they often face restricted access to essential services, both in the place in which they are identified and in their place of origin, for the following reasons: cost and language of the delivery of services; lack of gender or cultural sensitivity and trauma-informed practices; failure of first responders to conduct appropriate risk assessments and referrals; fear of being forced into a rehabilitation programme or cooperating with law enforcement authorities in the prosecution of traffickers; and fear of prosecution for crimes committed as a consequence of having been trafficked or for immigration offences. Adequate assistance must be provided to women and girls with disabilities, who are particularly vulnerable to being trafficked.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["V. Assistance and protection for women and girls who are victims of trafficking","B. Victim assistance and protection"]},{"id":"cedaw-c-gc-38-0041","docId":"cedaw-c-gc-38","idx":41,"n":41,"text":"States parties are obligated to protect victims of trafficking in persons, especially women and children, from revictimization, which includes guaranteeing victims of trafficking protection against forcible return.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["V. Assistance and protection for women and girls who are victims of trafficking","B. Victim assistance and protection"]},{"id":"cedaw-c-gc-38-0042","docId":"cedaw-c-gc-38","idx":42,"n":42,"text":"Trafficked women and girls, including those who do not hold an immigration status, must be ensured access to justice on the basis of equality and non-discrimination, including the prosecution of their perpetrators and the provision of remedies. However, existing justice systems may be more likely to violate women’s rights than to protect them, including by subjecting victims to criminalization, stigmatization, revictimization, harassment and possible retribution.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VI. Access for victims to justice"]},{"id":"cedaw-c-gc-38-0043","docId":"cedaw-c-gc-38","idx":43,"n":43,"text":"Article 2 (b) of the Convention obligates States parties to provide appropriate and effective remedies, including restitution, recovery, compensation, satisfaction and guarantees of non-repetition, to women whose rights under the Convention have been violated. Victims of trafficking often encounter significant difficulties in claiming compensation and other forms of reparation, including damages, for the harm suffered, including in cases in which: it is made conditional upon cooperation with law enforcement authorities; victims do not have access to high-quality, gender-sensitive, trauma-informed legal aid and representation; residency permits are tied to criminal justice processes and repatriation occurs prior to seeking or obtaining civil remedies; the victim bears the burden of proof in civil claims; survivors of trafficking are not identified as victims of a crime for the purpose of reparations owed under law; and monetary compensation is unavailable or the proceeds of crimes are not redistributed to victims.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VI. Access for victims to justice","A. Remedies for victims of trafficking"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-38-0044","docId":"cedaw-c-gc-38","idx":44,"n":44,"text":"Obstacles to prosecution include the lack of special court procedures to accommodate victims’ needs, deficiencies in the quality of justice systems, including gender bias and victim-blaming rhetoric in courts, resulting in discriminatory judgments or decisions, explicit or implicit social acceptance of gender-based violence against women, delays and excessive length of proceedings, corruption of State officials and their implication in crime, and ignorance of the demand for all forms of exploitation, including sexual exploitation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VI. Access for victims to justice","B. Investigations, prosecutions and punishment of perpetrators"]},{"id":"cedaw-c-gc-38-0045","docId":"cedaw-c-gc-38","idx":45,"n":45,"text":"The Committee acknowledges the complexity and the high level of skill required to investigate and prosecute allegations of trafficking in women and girls that may implicate criminal networks operating transnationally. The transnational nature of trafficking in persons and migration requires cooperation by all affected countries and their participation in an effective and appropriate international response to protect the rights of victims. States parties have a duty to accept and facilitate the voluntary return of their nationals who are trafficked abroad.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VI. Access for victims to justice","B. Investigations, prosecutions and punishment of perpetrators"]},{"id":"cedaw-c-gc-38-0046","docId":"cedaw-c-gc-38","idx":46,"n":46,"text":"The Committee condemns the use of anti-trafficking interventions to justify violence against specific groups of women, in particular in the case of violent raids and entrapment operations by law enforcement authorities conducted with a view to dismantling trafficking networks.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VI. Access for victims to justice","B. Investigations, prosecutions and punishment of perpetrators"]},{"id":"cedaw-c-gc-38-0047","docId":"cedaw-c-gc-38","idx":47,"n":47,"text":"47. States parties must work towards the mobilization of public resources and the strengthening of public services in areas that support the achievement of gender equality and the promotion of the human rights of women and girls and sustainable development, in order to reduce the risk factors that lead to trafficking. Full achievement of the Sustainable Development Goals is essential in order to address the factors that heighten the risks of trafficking, in particular achieving gender equality and empowering women and girls, promoting peace, justice and strong institutions, reducing inequalities, ending poverty in all its forms, ensuring inclusive and equitable quality education and promoting lifelong learning opportunities for women and girls, ensuring healthy lives and promoting the well-being of women and girls of all ages, ensuring decent work and economic participation for women and girls and promoting climate change measures in gender equality policies.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls"]},{"id":"cedaw-c-gc-38-0048","docId":"cedaw-c-gc-38","idx":48,"n":48,"text":"Ensure the full, effective and meaningful participation of women and girls, especially victims of trafficking, those at risk of being trafficked and communities affected by trafficking and/or anti-trafficking measures, in all levels of decision-making and at all stages of efforts to prevent and combat trafficking, in the design of human rights-based, gender-sensitive response measures, including in the development, implementation, monitoring and evaluation of anti-trafficking legislation, policy and programmes, the continuing implementation of the Convention and the Trafficking in Persons Protocol and as an essential component of the peacemaking, stabilization and reconstruction processes, in line with Security Council resolution 1325 (2000) and the follow-up resolutions.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0049","docId":"cedaw-c-gc-38","idx":49,"n":49,"text":"Adopt a transformative approach, promoting gender equality and the empowerment of women, in order to dismantle the structural and systemic conditions that deprive women and girls of their fundamental rights, the consequence of which places them in situations of vulnerability to all forms of trafficking and sexual exploitation.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0050","docId":"cedaw-c-gc-38","idx":50,"n":50,"text":"Reduce the risk of trafficking by eradicating the pervasive and persistent gender inequality that results in an economic, social and legal status of women and girls that is lower in comparison with that which is enjoyed by men and boys, by adopting economic and public policies that prevent a lack of sustainable livelihood options and basic living standards for women and girls.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0051","docId":"cedaw-c-gc-38","idx":51,"n":51,"text":"Eliminate social structures which limit women’s autonomy and access to key resources, which in turn increases their risk of being lured by promises of a means of escape from impoverished circumstances, including lower access to education and vocational training opportunities, asset and land ownership and credit, the low participation of women in decision-making, unequal pay, child and forced marriage, the pervasiveness of patriarchal gender roles, the concentration of women in insecure and vulnerable work and their lack of decent work opportunities.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0052","docId":"cedaw-c-gc-38","idx":52,"n":52,"text":"Enact legislation to protect women and provide effective assistance to victims of domestic abuse, review family law, address sociocultural practices, including intrafamily arrangements, that increase the exposure of women and girls to trafficking and sexual exploitation.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0053","docId":"cedaw-c-gc-38","idx":53,"n":53,"text":"Eradicate patriarchal norms and values formalized in legislation, including family laws, which facilitate trafficking for child and forced marriage. Measures must be adopted that prevent families from agreeing to the indefinite or temporary “marriage” of their daughter in exchange for financial gain. Take into consideration the fact that so-called “women shortages” due to family planning policies in some countries have exacerbated the situation.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0054","docId":"cedaw-c-gc-38","idx":54,"n":54,"text":"54. Strengthen the implementation of a labour rights framework, as follows:","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0055","docId":"cedaw-c-gc-38","idx":55,"n":55,"text":"Provide special economic and social support to disadvantaged groups of women and girls, such as those in extreme poverty in both rural and urban areas, those belonging to stigmatized and racialized groups, sexual abuse survivors and women with disabilities.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice","and equal pay for work of equal value, in particular in unregulated, informal or unmonitored economic sectors that rely on migrant labour;"]},{"id":"cedaw-c-gc-38-0056","docId":"cedaw-c-gc-38","idx":56,"n":56,"text":"56. Establish a gender-responsive and safe migration framework to protect migrant women and girls, including those with an irregular migration status, from violations of their human rights at every stage of migration by:","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0057","docId":"cedaw-c-gc-38","idx":57,"n":57,"text":"57. In line with the Global Compact for Safe, Orderly and Regular Migration, the Committee encourages States parties to:","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0058","docId":"cedaw-c-gc-38","idx":58,"n":58,"text":"58. Ensure that visa schemes do not discriminate against women or facilitate or result in their trafficking, through the following measures:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0059","docId":"cedaw-c-gc-38","idx":59,"n":59,"text":"59. Regulate and monitor labour recruiters, intermediaries and employment agencies, as follows:","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0060","docId":"cedaw-c-gc-38","idx":60,"n":60,"text":"60. Mitigate the risks of dependency and vulnerability of women migrant workers in relation to their employers, as follows:","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0061","docId":"cedaw-c-gc-38","idx":61,"n":61,"text":"Discourage the demand that fosters exploitation of prostitution and leads to trafficking in persons.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0062","docId":"cedaw-c-gc-38","idx":62,"n":62,"text":"Implement educational, social or cultural measures aimed at targeting potential users.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0063","docId":"cedaw-c-gc-38","idx":63,"n":63,"text":"63. Prevent and address trafficking in all business operations and public procurement and corporate supply chains by:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0064","docId":"cedaw-c-gc-38","idx":64,"n":64,"text":"Discourage the demand for organ trafficking through the effective regulation of altruistic organ matching organizations, addressing, as much as possible, donor wait times, monitor hospitals for illegal transplantations and for the identification of clandestine, makeshift operating rooms and spread awareness of the health risks related to trafficked transplant organs.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0065","docId":"cedaw-c-gc-38","idx":65,"n":65,"text":"65. Integrate into conflict and disaster-risk reduction, preparedness and response plans the existing and emerging factors that place women and girls at risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies"]},{"id":"cedaw-c-gc-38-0066","docId":"cedaw-c-gc-38","idx":66,"n":66,"text":"Address issues of vulnerability that members of displaced families experience, including economic insecurity, access to high-quality education, livelihoods and legal identity documentation, stereotypes about gender roles, harmful masculinities and unequal power relations and perceptions about family honour, as well as the particular vulnerability of displaced girls to being trafficked for sexual purposes.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies","risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance."]},{"id":"cedaw-c-gc-38-0067","docId":"cedaw-c-gc-38","idx":67,"n":67,"text":"Prevent trafficking and sexual exploitation in all accommodation facilities for displaced women and girls, including by training facility staff to identify potential victims, and ensure the security of women and girls by establishing single-sex accommodations and facilities, having police officers patrol the area, including female officers, ensuring adequate lighting and access to sanitary facilities and establishing resource centres for women and girls in their vicinity.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies","risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance."]},{"id":"cedaw-c-gc-38-0068","docId":"cedaw-c-gc-38","idx":68,"n":68,"text":"Adopt a policy of zero tolerance of trafficking, sexual exploitation, forced labour, slavery and slavery-like practices, based on international human rights standards, which addresses groups such as the national armed forces, peacekeeping forces, border police, immigration officials, humanitarian actors and other staff members of international organizations and international civil society organizations.","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies","risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance."]},{"id":"cedaw-c-gc-38-0069","docId":"cedaw-c-gc-38","idx":69,"n":69,"text":"Ensure access to complaint procedures and redress mechanisms in cases of human rights violations.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies","risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance."]},{"id":"cedaw-c-gc-38-0070","docId":"cedaw-c-gc-38","idx":70,"n":70,"text":"Address the gendered impact of international transfers of arms, especially small and illicit arms, including through the ratification and implementation of the Arms Trade Treaty.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies","risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance."]},{"id":"cedaw-c-gc-38-0071","docId":"cedaw-c-gc-38","idx":71,"n":71,"text":"Call for social media and messaging platform companies to take responsibility for exposing women and girls to trafficking and sexual exploitation through use of their services. Require that such companies define the relevant controls to mitigate those risks and put into place the appropriate governance structure and procedures that will allow them to be reactive in their response and provide the necessary level of information to the relevant authorities. Require that such companies also use their existing capabilities in big data, artificial intelligence and analytics to identify any pattern that could lead to trafficking and the identification of the involved parties, including on the demand side.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","5. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0072","docId":"cedaw-c-gc-38","idx":72,"n":72,"text":"States parties should call for the existing digital technology companies to increase transparency. At the same time, States parties should aim to initiate and create, for example as part of central banking systems, platforms for the use of electronic currencies that are based on disclosed user information, including beneficial owner, ordering customer and services or goods related to the transaction. Ensure that anti-money-laundering laws are effectively implemented in order to disincentivize the use of electronic currencies based on user anonymity.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","5. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0073","docId":"cedaw-c-gc-38","idx":73,"n":73,"text":"Initiate the proactive identification of the production of online sexual abuse material during the COVID-19 pandemic and afterwards, cooperate with technology companies in creating automated tools to detect online recruitment and identify traffickers and strengthen partnerships between the public and private sectors to address pandemic-related increases in the incidence of the crime.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","5. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0074","docId":"cedaw-c-gc-38","idx":74,"n":74,"text":"Call for information-sharing between digital interactive platforms in order to facilitate international cooperation in combating trafficking and sexual exploitation and assist with law enforcement efforts. Improve data collection, ensure that data is up to date and provide for reliable information-sharing.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","5. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0075","docId":"cedaw-c-gc-38","idx":75,"n":75,"text":"Provide accurate information to members of the public, targeting in particular women and girls in disadvantaged situations, those living in remote and border areas and migrant women and girls en route or in a destination context, about their rights and the means of and reasons for avoiding human traffickers, including through evidence-informed, accessible communication campaigns based on a clear understanding of community risk factors and the barriers faced by community members in protecting themselves and others from trafficking, in particular in the context of migration, so that they can identify and report potential traffickers and gain access to service providers when they feel vulnerable to trafficking or exploitation.","labels":["Migrants","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","6. Raising awareness"]},{"id":"cedaw-c-gc-38-0076","docId":"cedaw-c-gc-38","idx":76,"n":76,"text":"Address the adverse collateral effects of anti-trafficking efforts by ensuring that innocent women and girls are not arbitrarily arrested, abused or falsely charged, in particular women belonging to marginalized groups and women in prostitution, including through any raids conducted by law enforcement authorities with a view to dismantling trafficking networks.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0077","docId":"cedaw-c-gc-38","idx":77,"n":77,"text":"Create national guidelines that are updated on a regular basis for the early identification and referral of, and the provision of services to, victims or presumed victims, that are benchmarked against international standards and that integrate a rights-based, victim-centred, age-appropriate, gender-sensitive and trauma-informed approach, which is uniformly applicable at international borders and throughout the territory of the State party by all relevant State and non-State actors.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0078","docId":"cedaw-c-gc-38","idx":78,"n":78,"text":"The identification of victims or presumed victims and their referral to assistance services are to be performed by multidisciplinary teams, including professionals from all relevant fields, the composition of which can be adapted to the circumstances of the case, and should not be exclusively led by law enforcement or immigration authorities or be linked to the initiation or outcome of criminal proceedings, but based on the personal and social vulnerabilities of the victims and potential victims.","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0079","docId":"cedaw-c-gc-38","idx":79,"n":79,"text":"Provide updated and consistent training to professionals from all relevant fields on the causes, consequences and incidence of trafficking in women and girls and the various forms of exploitation of women and girls and on the content and effective implementation of national guidelines on victim identification, the provision of services and referral systems to facilitate the safe, confidential and non-discriminatory screening and referral of victims, including non-nationals, after obtaining their informed consent.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0080","docId":"cedaw-c-gc-38","idx":80,"n":80,"text":"Strengthen the capacities of health-care systems for the early identification of and intervention for women and girls who are at risk of being trafficked and victims of trafficking, irrespective of migration status, ensuring confidential and safe access to free health care, based on trauma-informed and survivor-centred care, as informed by international standards.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0081","docId":"cedaw-c-gc-38","idx":81,"n":81,"text":"Collaborate with civil society organizations, including through strengthening their human, technical and financial resources, to ensure that victims of trafficking are identified, assisted and protected at an early stage, including through the operation of mobile units, and the availability of safe disclosure procedures and safe spaces, targeting in particular sites where displaced and migrant women and girls are accommodated, registered or detained.","labels":["Migrants","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0082","docId":"cedaw-c-gc-38","idx":82,"n":82,"text":"Assess the impact of the national legal and policy framework, in particular with respect to the application of immigration, asylum, labour, health, education and social protection frameworks on victims of trafficking, to ensure that they do not adversely affect victim identification, assistance, protection, social inclusion and reintegration and do not increase the vulnerability of women and girls to trafficking, re-trafficking, detention, forced return or other harms.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0083","docId":"cedaw-c-gc-38","idx":83,"n":83,"text":"Address disincentives for victims to seek assistance, including by establishing a firewall between immigration enforcement, the criminal justice system and all care and support services and ensuring that victims of and those vulnerable to trafficking can safely go to the authorities, without fear of negative consequences, such as prosecution, punishment, detention or deportation for immigration, labour or other offences related to their being a victim of trafficking.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0084","docId":"cedaw-c-gc-38","idx":84,"n":84,"text":"Improve cross-border collaboration, coordination and knowledge exchange among border control, law enforcement, child protection and social protection authorities and non-governmental organizations, to provide displaced and migrant women and girls with appropriate and sufficient reception facilities and services by incorporating gender-sensitivity and trauma-sensitivity into arrangements for arrivals at land, air and sea borders, including the provision of safe accommodations and adequate treatment, taking into consideration the need for skilled personnel to adequately screen for and identify potential victims of trafficking and ensuring that the necessary measures are in place to respond to the specific protection needs of victims of trafficking, including access to consular protection.","labels":["Migrants","Women/girls","Children","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0085","docId":"cedaw-c-gc-38","idx":85,"n":85,"text":"Ensure that all governance measures taken at international borders, including those aimed at addressing irregular migration and combating transnational organized crime, are in accordance with the principle of non-refoulement and the prohibition of arbitrary and collective expulsions.","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0086","docId":"cedaw-c-gc-38","idx":86,"n":86,"text":"Build the capacity of, and facilitate the periodic updating of training for, law enforcement staff, including police, immigration and border control officers, as well as professionals working in and around areas where women and girls who are facing or are at risk of distress migration and displacement are located, on their role in ensuring adequate protection to such women and girls, by establishing procedures to identify possible victims of trafficking, including those suspected of association with or returning from territory under the control of non-State armed groups.","labels":["Migrants","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0087","docId":"cedaw-c-gc-38","idx":87,"n":87,"text":"87. Apply a due diligence framework to the risk assessment conducted by multidisciplinary teams for the identification and protection of trafficked women and girls from further rights violations, including by:","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Persons deprived of their liberty","Non-citizens and stateless","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0088","docId":"cedaw-c-gc-38","idx":88,"n":88,"text":"Recognize that, in specific cases, trafficking in women and girls may be considered gender-related persecution, and that consequently victims or potential victims are informed of and effectively enjoy the right of access to fair, efficient, trauma-informed and clear asylum procedures without discrimination or any preconditions, regardless of country of origin or mode of entry into the State party or their participation in criminal proceedings. Interpret the grounds for identifying victims of persecution under the Convention relating to the Status of Refugees, in line with the Guidelines on International Protection of the Office of the United Nations High Commissioner for Refugees: No. 1, on gender-related persecution, No. 7, on victims of trafficking and persons at risk of being trafficked, No. 8, on child asylum claims, and No. 9, on sexual orientation and gender identity.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0089","docId":"cedaw-c-gc-38","idx":89,"n":89,"text":"89. States parties are obligated to protect victims of trafficking, especially women and girls, from revictimization, including by:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0090","docId":"cedaw-c-gc-38","idx":90,"n":90,"text":"Girls who are at risk of being re-trafficked should not be returned to their country of origin unless it is in line with their best interests and appropriate measures for their protection have been taken, including a risk and security assessment to ensure a safe return, the availability of long-term reintegration support in the country of return, comprising access to health care, education and/or vocational training, and protection from discrimination and re-trafficking.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0091","docId":"cedaw-c-gc-38","idx":91,"n":91,"text":"91. Improve cooperation with receiving States to ensure the voluntary repatriation of citizens and permanent residents who have been trafficked abroad in cases in which they wish to return, facilitated through standardized processes and effective communication between the authorities and officials involved, ensuring that the receiving country complies with international standards for the protection of and provision of assistance to victims of trafficking.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0092","docId":"cedaw-c-gc-38","idx":92,"n":92,"text":"Based on human rights and humanitarian grounds, provide access to free legal aid, grant, where possible, a reflection and recovery period and a residence permit pending formal identification to enable trafficked women and their dependents to take part in recovery and reintegration measures, which must be inclusive and accessible, not made conditional on their participation in the criminal justice process or the obtaining of a conviction against traffickers, including appropriate individualized, gender-sensitive, child-sensitive and trauma-informed emergency and longer-term access to accommodations, welfare benefits, educational and employment opportunities, high-quality medical care, including sexual and reproductive health services and counselling, the issuance of official identification documents free of charge, family reunification measures and asylum procedures, where relevant. Grant girls who are victims residence permits for an indefinite duration, in line with their best interests, to enable access to a durable solution that is sustainable and secure in the long-term.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0093","docId":"cedaw-c-gc-38","idx":93,"n":93,"text":"Provide immediate access to a sufficient number of adequately funded, well-equipped shelters and separate units for victims of sexual violence and enforced prostitution within shelters and crisis centres, which are safe, accessible and appropriate for trafficked women and girls, including women accompanied by children, with specially trained staff that focus on the provision of tailored assistance to victims according to standard operating procedures, ensuring their dignified treatment in a confidential manner.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0094","docId":"cedaw-c-gc-38","idx":94,"n":94,"text":"Ensure that assistance services and social inclusion programmes for all women affected by trafficking are provided on an informed and voluntary basis and that neither victims nor their children are forcibly kept or detained in shelters or “rehabilitation” programmes against their will or in compulsory protective detention, including for witness testimony purposes. In the exceptional case that limitations are placed on women’s freedom of movement for security considerations, such limitations should be restricted to the shortest possible duration.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0095","docId":"cedaw-c-gc-38","idx":95,"n":95,"text":"Support community-based programmes for the reintegration and social inclusion of women and girls who are victims of trafficking, including access to safe and affordable independent accommodations, the creation of a work quota for victims in State agencies and the inclusion of victims in the list of priority groups for access to social programmes, and access to the redemption of tax debts.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0096","docId":"cedaw-c-gc-38","idx":96,"n":96,"text":"Ensure that the principle of the best interests of the child is a primary consideration in decision-making for all girls who are victims of trafficking, including non-nationals, that their right to be heard is respected, that they are guaranteed access to developmentally appropriate and age-appropriate protection and support services that are integrated, interdisciplinary and include individualized case management, to family tracing and to the reunification of unaccompanied and separated children and that children are never criminalized or detained. Carry out age assessments only as a measure of last resort and in a manner that is multidisciplinary, scientifically and culturally appropriate, child-sensitive, gender-sensitive and, for all unaccompanied or separated girls, overseen by a qualified guardian.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0097","docId":"cedaw-c-gc-38","idx":97,"n":97,"text":"Counter stereotypical attitudes and discrimination towards women and girls who are victims of trafficking and sexual exploitation, in particular migrants, by providing trauma-informed, gender-sensitivity and child-sensitivity training for individuals tasked with providing assistance and protection services, including to relevant authorities at the local and State levels, child protection agencies, embassy and consular authorities, employers and public and private recruitment agencies and to police officers, border officers, immigration personnel, labour inspectors, social workers and health-care providers.","labels":["Women/girls","Children","Children in alternative care"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0098","docId":"cedaw-c-gc-38","idx":98,"n":98,"text":"98. Ensure that all women and girls who are victims of trafficking, without exception, are not subject to arrest, charge, detention, prosecution or penalty or are otherwise punished for irregular entry or stay in countries of transit and destination for the absence of documentation or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of their situation as victims of trafficking. The non-punishment principle must:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0099","docId":"cedaw-c-gc-38","idx":99,"n":99,"text":"Provide all women and girls with accessible information in a format that they can understand about their rights under the Convention and the Optional Protocol thereto, the legal provisions protecting them from trafficking and exploitation and the corresponding remedies for lodging complaints of violations of those rights, how to gain access to them, their entitlements to continued assistance and protection, including through hotlines that are operational around the clock and free legal aid, advice and representation in judicial and quasi-judicial processes in all fields of law.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","4. Right to information about rights and legal assistance"]},{"id":"cedaw-c-gc-38-0100","docId":"cedaw-c-gc-38","idx":100,"n":100,"text":"Ensure facilitated access to inclusive, age-sensitive and gender-sensitive complaint mechanisms and justice mechanisms, including through the provision of procedural and age-appropriate accommodations, for all women and girls who are victims of trafficking, including non-citizens, by providing effective channels for seeking protection and redress for violations of their rights through the creation of adequate conditions for lodging complaints without fear of reprisal, arrest, detention or deportation.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","5. Right to remedy"]},{"id":"cedaw-c-gc-38-0101","docId":"cedaw-c-gc-38","idx":101,"n":101,"text":"Ensure that that trafficked women and girls have a legally enforceable right to affordable, accessible and timely remedies through the criminal, civil and labour courts and administrative proceedings, including a right to compensation, back pay and other tailored reparations, and ensure that such remedies are not made conditional on confiscation of assets from the traffickers and are guaranteed under the conditions provided for in domestic law for victims. Compensation as a victim of a crime should have no impact on social assistance received by victims or as provided by another State programme.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","5. Right to remedy"]},{"id":"cedaw-c-gc-38-0102","docId":"cedaw-c-gc-38","idx":102,"n":102,"text":"Guarantee all trafficked women and girls a fair hearing and due process in administrative and judicial proceedings, including detention and expulsion proceedings, ensuring that they are heard, informed and consulted throughout the hearing and have access to adequate trauma-informed, culturally specific, gender-sensitive and age-sensitive accommodations, support and protection to enable them to testify against their traffickers.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0103","docId":"cedaw-c-gc-38","idx":103,"n":103,"text":"Safeguard the right to privacy of trafficked girls, ensuring that they are continuously informed and can exercise their right to be heard. Ensure their right to special protection in court proceedings through the provision of specialized, child-sensitive legal assistance to simplify procedures for testifying and prevent additional trauma, including by appointing victim advocates, social workers or legal guardians.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0104","docId":"cedaw-c-gc-38","idx":104,"n":104,"text":"Fund and support the effective implementation of protection systems for trafficked women and girls, their family members, witnesses and informants, to safeguard against threats and retaliation from trafficking networks, both during and after legal proceedings, including through witness protection programmes, needs-based court procedures and temporary residence permits for non-citizens and their dependents, irrespective of their cooperation in the prosecution.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0105","docId":"cedaw-c-gc-38","idx":105,"n":105,"text":"Promptly investigate, prosecute and adequately punish both those directly involved in trafficking and those negligent in addressing or preventing trafficking, including alleged corruption of government officials and members of the private sector, ensuring that the sanctions imposed are commensurate with the gravity of the crime and the degree of responsibility of the offender.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0106","docId":"cedaw-c-gc-38","idx":106,"n":106,"text":"Ensure the effective prosecution and adequate punishment of traffickers of women and girls through the design, implementation and periodic evaluation of multisectoral capacity-building programmes for all court officials and support staff on the trauma-informed age-sensitive, gender-sensitive, culturally sensitive and human rights-based application of anti-trafficking legislation and treatment of victims.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0107","docId":"cedaw-c-gc-38","idx":107,"n":107,"text":"States parties are encouraged to systematize their criminal justice and judicial cooperation, including harmonizing legal procedures for mutual legal assistance, extradition and the confiscation and return of the proceeds of crime, with countries of origin, transit and destination for trafficking in women and girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0108","docId":"cedaw-c-gc-38","idx":108,"n":108,"text":"Build and adequately resource cross-agency investigative teams to track the financial flows generated by trafficking in women and girls and redistribute any confiscated proceeds of such criminal conduct to victims as compensation for the human rights violations that they have suffered.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0109","docId":"cedaw-c-gc-38","idx":109,"n":109,"text":"109. Establish partnerships between anti-trafficking, migration and development practitioners, international organizations and women-focused and girl-focused civil society stakeholders, including community-based organizations of groups affected by trafficking and/or anti-trafficking measures, to systematically collect, exchange, analyse and publish data, with the objective of developing an understanding of trends in trafficking in women and girls and implementing targeted, evidenced-based strategies for its prevention, enhancing the prompt gender-responsive human rights-based and needs-based assistance to victims and ensuring their protection and that they are provided with reparations.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks"]},{"id":"cedaw-c-gc-38-0110","docId":"cedaw-c-gc-38","idx":110,"n":110,"text":"Disaggregate data collected on both victims and perpetrators of trafficking by all parameters considered relevant, including sex, age, disability, ethnicity, nationality, immigration status, location, socioeconomic status and form of exploitation, in line with Sustainable Development Goal indicator 16.2.2, where permitted by national law.","labels":["Persons with disabilities","Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","gender-responsive human rights-based and needs-based assistance to victims"]},{"id":"cedaw-c-gc-38-0111","docId":"cedaw-c-gc-38","idx":111,"n":111,"text":"All measures for data collection, storage, sharing or dissemination must be carried out in a legal and ethical manner, in accordance with international standards on privacy and confidentiality.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","gender-responsive human rights-based and needs-based assistance to victims"]},{"id":"cedaw-c-gc-38-0112","docId":"cedaw-c-gc-38","idx":112,"n":112,"text":"112. Adopt and implement comprehensive, victim-centred, child-sensitive and gender-sensitive anti-trafficking legislation that provides a harmonized approach to criminalizing trafficking at all jurisdiction levels, ensuring that it:","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","gender-responsive human rights-based and needs-based assistance to victims"]},{"id":"cedaw-c-gc-38-0113","docId":"cedaw-c-gc-38","idx":113,"n":113,"text":"113. Adopt a result-oriented, evidence-led, gender-responsive, rights-based and victim-centred comprehensive anti-trafficking national plan of action, ensuring that it is:","labels":["Refugees & asylum-seekers","Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","gender-responsive human rights-based and needs-based assistance to victims"]},{"id":"cedaw-c-gc-38-0114","docId":"cedaw-c-gc-38","idx":114,"n":114,"text":"114. Establish a national referral mechanism with the objective of coordinating the alignment of all relevant national policies to ensure an effective and human rights-based approach to combating trafficking in women and girls, ensuring that it is operationalized by a dedicated and fully funded secretariat responsible for the harmonization of clear information management and coordination structures between relevant local and national authorities, including migration, asylum and labour officials, national human rights institutions, the private sector and civil society organizations engaged in combating trafficking in women and girls, and developing a common response, including comprehensive standard operating procedures outlining relevant legal obligations, referral procedures, roles and responsibilities.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","gender-responsive human rights-based and needs-based assistance to victims"]},{"id":"cedaw-c-gc-38-0115","docId":"cedaw-c-gc-38","idx":115,"n":115,"text":"Establish an independent national rapporteur on trafficking in persons to track and report on the progress of transformative anti-trafficking strategies, promoting gender equality and the empowerment of women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","and civil society organizations engaged in combating trafficking in women and girls, and developing a common response, including comprehensive standard operating procedures outlining relevant legal obligations, referral procedures, roles and responsibilities."]},{"id":"cedaw-c-gc-38-0116","docId":"cedaw-c-gc-38","idx":116,"n":116,"text":"The Committee underscores the need to accelerate the implementation of all provisions of the Convention, in line with the 2030 Agenda for Sustainable Development and the recommendations emanating from the 25-year review of the implementation of the Beijing Declaration and Platform for Action, as a means to induce transformative and radical change in the exercise by women of their autonomy and self-determination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","E. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0117","docId":"cedaw-c-gc-38","idx":117,"n":117,"text":"The Committee recommends that States parties include information in their periodic reports under the Convention on the strategies implemented to promote and protect the human rights of women and girls in their anti-trafficking response efforts.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","E. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0118","docId":"cedaw-c-gc-38","idx":118,"n":118,"text":"The United Nations specialized agencies and the special procedures of the Human Rights Council are invited to provide country-specific and region-specific input to the Committee on the situation of trafficking and sexual exploitation in women and girls in the context of global migration and protection and recovery measures taken, as appropriate, in the context of the review of the periodic reports of States parties.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","E. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0119","docId":"cedaw-c-gc-38","idx":119,"n":119,"text":"States parties are encouraged to include in their reports to other mechanisms information on their strategies to implement a transformative anti-trafficking response that promotes gender equality and the empowerment of women and girls, including in the context of the universal periodic review process of the Human Rights Council, the high-level political forum on sustainable development, the Global Compact for Safe, Orderly and Regular Migration and the Mechanism for the Review of the Implementation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","E. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0120","docId":"cedaw-c-gc-38","idx":120,"n":120,"text":"The present general recommendation should be translated into local languages and disseminated widely to all branches of government, civil society, the media, academic institutions, women’s, girls’ and migrant’s rights organizations, the private sector and financial institutions.","labels":["Women/girls","Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","E. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0121","docId":"cedaw-c-gc-38","idx":121,"n":121,"text":"121. States parties are encouraged to ratify or accede to the following instruments:","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","F. Treaty ratification or accession"]},{"id":"cedaw-c-gc-38-0122","docId":"cedaw-c-gc-38","idx":122,"n":122,"text":"States parties are urged to endorse the New York Declaration for Refugees and Migrants, the Global Compact for Safe, Orderly and Regular Migration annexed thereto and the global compact on refugees.","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","F. Treaty ratification or accession"]},{"id":"cedaw-c-gc-39-0001","docId":"cedaw-c-gc-39","idx":1,"n":1,"text":"1. The present general recommendation provides guidance to States parties on legislative, policy and other relevant measures to ensure the implementation of their obligations in relation to the rights of Indigenous women and girls under the Convention on the Elimination of All Forms of Discrimination against Women. There are an estimated 476.6 million Indigenous Peoples globally, of whom more than half (238.4 million) are women.[[fn:1]] Discrimination and violence are recurrent phenomena in the lives of many Indigenous women and girls living in rural, remote and urban areas. The present general recommendation applies to Indigenous women and girls both inside and outside Indigenous territories.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":1,"text":"International Labour Organization (ILO), Implementing the ILO Indigenous and Tribal Peoples Convention No. 169: Towards an Inclusive, Sustainable and Just Future (Geneva, 2019), p. 13; and Department of Economic and Social Affairs, State of the World’s Indigenous Peoples, vol. 5, Rights to Lands, Territories and Resources (United Nations publication, 2021), p. 119."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-39-0002","docId":"cedaw-c-gc-39","idx":2,"n":2,"text":"2. The present general recommendation takes into account the voices of Indigenous women and girls as driving actors and leaders inside and outside their communities. It identifies and addresses different forms of intersectional discrimination faced by Indigenous women and girls and their key role as leaders, knowledge-bearers and transmitters of culture among their peoples, communities and families, as well as society as a whole. The Committee on the Elimination of Discrimination against Women has consistently identified patterns of discrimination faced by Indigenous women and girls in the exercise of their human rights,[[fn:2]] and the factors that continue to exacerbate discrimination against them. Such discrimination is often intersectional and based on factors such as sex; gender; Indigenous origin, status or identity; race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status.[[fn:3]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":2,"text":"See, for example, general recommendation No. 34 (2016) on the rights of rural women, paras. 14–15. For more discussion of the work of the Committee in the area of Indigenous women, see United Nations Entity for Gender Equality and the Empowerment of Women (UNWomen) and Committee on the Elimination of Discrimination against Women, “Recomendaciones Generales y Observaciones Finales del Comité para la Eliminación de la Discriminación contra la Mujer sobre mujeres indígenas y/o afrodescendientes realizadas a Estados de América Latina” (Clayton, Panama, 2017)."},{"n":3,"text":"United Nations Declaration on the Rights of Indigenous Peoples, art. 2."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-39-0003","docId":"cedaw-c-gc-39","idx":3,"n":3,"text":"3. Intersectional discrimination against Indigenous women and girls must be understood in the context of the multifaceted nature of their identity. They face discrimination and gender-based violence, frequently committed by State and non-State actors. These forms of violence and discrimination are widespread and are often treated with impunity. Indigenous women and girls often have an inextricable link and relation to their peoples, lands, territories, natural resources and culture. To ensure compliance with articles 1 and 2 and other relevant provisions of the Convention, State action, legislation and policies must reflect and respect the multifaceted identity of Indigenous women and girls. States parties should also take into consideration the intersectional discrimination experienced by Indigenous women and girls on the basis of factors such as sex; gender; Indigenous origin, status or identity; race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-39-0004","docId":"cedaw-c-gc-39","idx":4,"n":4,"text":"4. State action to prevent and address discrimination against Indigenous women and girls throughout their lifespan must integrate a gender perspective, an intersectional perspective, an Indigenous women and girls perspective, an intercultural perspective and a multidisciplinary perspective. A gender perspective takes into consideration the discriminatory norms, harmful social practices, stereotypes and inferior treatment that have affected Indigenous women and girls historically and still affect them in the present. An intersectional perspective requires States to consider the multitude of factors that combine to increase the exposure of Indigenous women and girls to, and exacerbate the consequences of, unequal and arbitrary treatment on the basis of sex; gender; Indigenous origin, status or identity; race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status, among other factors. States should take into consideration the interdependence and interconnectedness of all these factors in their adoption of laws, policies, national budgets and interventions related to Indigenous women and girls. Indigenous women and girls suffer intersectional discrimination both inside and outside their territories. Intersectional discrimination against them is structural, embedded in constitutions, laws and policies, as well as government programmes, action and services.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["I. Introduction"]},{"id":"cedaw-c-gc-39-0005","docId":"cedaw-c-gc-39","idx":5,"n":5,"text":"5. An Indigenous women and girls perspective entails understanding the distinction between their experiences, realities and needs in the area of human rights protection and those of Indigenous men, based on their sex and gender differences. It also involves considering the status of Indigenous girls as developing women, which requires interventions to be appropriate to their age, development and condition. An intercultural perspective involves considering the diversity of Indigenous Peoples, including their cultures, languages, beliefs and values, and the social appreciation and value of this diversity. Lastly, a multidisciplinary perspective requires an appreciation of the multifaceted identity of Indigenous women and girls and of how law, health, education, culture, spirituality, anthropology, economy, science and work, among other aspects, have shaped and continue to shape the social experience of Indigenous women and girls and to promote discrimination against them. These perspectives and approaches are key to preventing and eradicating discrimination against Indigenous women and girls and to achieving the goal of social justice when their human rights are violated.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["I. Introduction"]},{"id":"cedaw-c-gc-39-0006","docId":"cedaw-c-gc-39","idx":6,"n":6,"text":"6. The prohibition of discrimination under articles 1 and 2 of the Convention must be strictly applied to ensure the rights of Indigenous women and girls, including those living in voluntary isolation or initial contact, to self-determination and to access to and the integrity of their lands, territories and resources, culture and environment. The prohibition of discrimination should also be implemented to ensure their rights to effective and equal participation in decision-making and to consultation, in and through their own representative institutions, in order to obtain their free, prior and informed consent before the adoption and implementation of legislative or administrative measures that may affect them. This set of rights lays the foundation for a holistic understanding of the individual and collective rights of Indigenous women. The violation of any of these or related rights constitutes discrimination against Indigenous women and girls.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-39-0007","docId":"cedaw-c-gc-39","idx":7,"n":7,"text":"7. In implementing the present general recommendation, the Committee calls upon States parties to take into consideration the challenging context in which Indigenous women and girls exercise and defend their human rights. They are heavily affected by existential threats connected to climate change, environmental degradation, the loss of biodiversity and barriers in gaining access to food and water security.[[fn:4]] Extractive activities carried out by business enterprises and other industrial, financial, public and private actors often have a devastating impact on the environment, air, land, waterways, oceans, territories and natural resources of Indigenous Peoples and may infringe the rights of Indigenous women and girls. Indigenous women and girls are at the forefront of the local, national and international demand and action for a clean, safe, healthy and sustainable environment. Many Indigenous women who are environmental human rights defenders face killings, harassment, criminalization and the ongoing discrediting of their work. States parties have an obligation to ensure that State actors and business enterprises take measures without delay to guarantee a clean, healthy and sustainable environment and planetary system, including the prevention of foreseeable loss and damage, socioeconomic and environmental violence, and all forms of violence against Indigenous women who are environmental human rights defenders and their communities and territories. States parties also have an obligation to address the effects of colonialism, racism, assimilation policies, sexism, poverty, armed conflicts, militarization, forced displacement and the loss of territories, sexual violence as a tool of war, and other alarming human rights abuses frequently perpetrated against Indigenous women and girls and their communities.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":4,"text":"General recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change, paras. 1–9."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-39-0008","docId":"cedaw-c-gc-39","idx":8,"n":8,"text":"8. The Committee considers self-identification, according to international standards,[[fn:5]] to be a guiding principle in international law in determining the status of rights holders as Indigenous women and girls.[[fn:6]] However, the Committee recognizes that some Indigenous women and girls may prefer not to disclose their status owing to structural and systemic racism and discrimination, as well as colonial and colonization policies. The present general recommendation and the rights under the Convention are applicable to all Indigenous women and girls, inside and outside their territories; in their countries of origin, in transit and in their countries of destination; and as migrants, as refugees during their forced or involuntary displacement cycle and as stateless persons.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":5,"text":"United Nations Declaration on the Rights of Indigenous Peoples, arts. 9 and 33."},{"n":6,"text":"Ibid., art. 33.1; see also ILO, Indigenous and Tribal Peoples Convention No. 169, art. 1; United Nations Permanent Forum on Indigenous Issues, “Who are Indigenous Peoples?”, fact sheet; and working paper on the concept of Indigenous Peoples (E/CN.4/Sub.2/AC.4/1996/2, paras. 69–70)."}],"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-39-0009","docId":"cedaw-c-gc-39","idx":9,"n":9,"text":"9. Gender-based violence, including psychological, physical, sexual, economic, spiritual, political and environmental violence, is adversely affecting the lives of many Indigenous women and girls. Indigenous women often suffer violence in the home, in the workplace and in public and educational institutions; while receiving health services and navigating child welfare systems; as leaders in political and community life; as human rights defenders; when deprived of liberty; and when confined to institutions. Indigenous women and girls are disproportionately at risk of rape and sexual harassment; gender-based killings and femicide; disappearances and kidnapping; trafficking in persons;[[fn:7]] contemporary forms of slavery; exploitation, including exploitation of prostitution of women;[[fn:8]] sexual servitude; forced labour; coerced pregnancies; State policies mandating forced contraception and intrauterine devices; and domestic work that is not decent, safe or adequately remunerated.[[fn:9]] The Committee highlights, in particular, the gravity of discrimination and gender-based violence against Indigenous women and girls with disabilities who are living in institutions.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":7,"text":"General recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration, paras. 18–35."},{"n":8,"text":"Convention on the Elimination of All Forms of Discrimination against Women, art. 6."},{"n":9,"text":"CEDAW/C/OP.8/CAN/1, paras. 95–99 and 111–127."}],"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-39-0010","docId":"cedaw-c-gc-39","idx":10,"n":10,"text":"10. The Committee calls upon States parties to promptly engage in data collection efforts to fully assess the situation of Indigenous women and girls and the forms of discrimination and gender-based violence that they face. States must undertake efforts to collect data, disaggregated by a range of factors, including sex; age; Indigenous origin, status or identity; and disability status, and collaborate with Indigenous women and their organizations, as well as academic institutions and non-profit organizations, in that regard. The Committee also underscores that Indigenous Peoples must have control over data collection processes in their communities and over how the data are stored, interpreted, used and shared.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-39-0011","docId":"cedaw-c-gc-39","idx":11,"n":11,"text":"11. One of the root causes of discrimination against Indigenous women and girls is the lack of effective implementation of their rights to self-determination and autonomy and related guarantees, as manifested, inter alia, in their continued dispossession of their lands, territories and natural resources. The Committee acknowledges that the vital link between Indigenous women and their lands often forms the basis of their culture, identity, spirituality, ancestral knowledge and survival. Indigenous women face a lack of legal recognition of their rights to land and territories and wide gaps in the implementation of existing laws to protect their collective rights. Governments and third-party actors frequently carry out activities related to investment, infrastructure, development, conservation, climate change adaptation and mitigation initiatives, tourism, mining, logging and extraction without securing the effective participation and obtaining the consent of the Indigenous Peoples affected. The Committee has a broad understanding of the right of Indigenous women and girls to self-determination, including their ability to make autonomous, free and informed decisions concerning their life plans and health.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-39-0012","docId":"cedaw-c-gc-39","idx":12,"n":12,"text":"12. The Committee acknowledges that Indigenous women and girls have struggled and continue to struggle against forced assimilation policies and other large-scale human rights violations, which may in certain instances amount to genocide.[[fn:10]] Some of these assimilation policies – in particular the forced placement in residential schools and institutions and the displacement of Indigenous Peoples from their territories in the name of development – have resulted in killings, disappearances, sexual violence and psychological abuse, and may amount to cultural genocide.[[fn:11]] It is critical for States parties to address the consequences of historic injustices and to provide support and reparations to the affected communities as part of the process of ensuring justice, reconciliation and the building of societies free from discrimination and gender-based violence against Indigenous women and girls. The Committee highlights, in particular, the need for States to act proactively to protect the rights of Indigenous women and girls living in urban settings, where they face racism, discrimination, assimilation policies and gender-based violence.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":10,"text":"See United Nations Declaration on the Rights of Indigenous Peoples, art. 8; Convention on the Prevention and Punishment of the Crime of Genocide, art. II; and Rome Statute of the International Criminal Court, art. 6."},{"n":11,"text":"See United Nations Declaration on the Rights of Indigenous Peoples, art. 8."}],"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-39-0013","docId":"cedaw-c-gc-39","idx":13,"n":13,"text":"13. The rights of Indigenous women and girls derive from the articles of the Convention, as further developed in the Committee’s general recommendations, and from specific international instruments for the protection of the rights of Indigenous Peoples, such as the United Nations Declaration on the Rights of Indigenous Peoples and the International Labour Organization (ILO) Convention, 1989 (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries. The Committee considers the Declaration an authoritative framework for interpreting State party and core obligations under the Convention on the Elimination of All Forms of Discrimination against Women. All of the rights recognized in the Declaration are relevant to Indigenous women, both as members of their peoples and communities and as individuals, and, ultimately, in relation to the guarantees against discrimination in the Convention itself. In addition, all core international human rights treaties contain relevant protections for the rights of Indigenous women and girls.[[fn:12]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":12,"text":"See Committee on the Elimination of Racial Discrimination, general recommendation No. 23 (1997) on the rights of indigenous peoples, paras. 3–6."}],"section":["III. Legal framework"]},{"id":"cedaw-c-gc-39-0014","docId":"cedaw-c-gc-39","idx":14,"n":14,"text":"14. In addressing the rights of Indigenous girls, the Committee also makes reference to the Convention on the Rights of the Child and to the Committee on the Rights of the Child general comment No. 11 (2009) on indigenous children and their rights. States parties have an obligation to protect Indigenous girls from all forms of discrimination. The creation of an enabling and safe environment for the leadership and effective participation of Indigenous girls is paramount to the full enjoyment of their rights to territories, culture and a clean, healthy and sustainable environment.[[fn:13]] The Committee on the Elimination of Discrimination against Women recognizes, moreover, the status of Indigenous girls as developing women, which calls for a State response tailored to their best interests and needs and the adaptation of government procedures and services to the age, development, evolving capacities, and condition of Indigenous girls.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":13,"text":"Committee on the Rights of the Child, general comment No. 12 (2009) on the right of the child to be heard, para. 2."}],"section":["III. Legal framework"]},{"id":"cedaw-c-gc-39-0015","docId":"cedaw-c-gc-39","idx":15,"n":15,"text":"15. The Convention on the Elimination of All Forms of Discrimination against Women should also be interpreted in a manner that takes into consideration the 2030 Agenda for Sustainable Development, in which States agreed that the achievement of gender equality and the empowerment of women and girls is paramount to sustainable development and the end of poverty.[[fn:14]] The Beijing Declaration and Platform for Action is also an important reference document in the present general recommendation. The Committee also makes reference to the resolutions adopted by the Commission on the Status of Women related to Indigenous women.[[fn:15]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":14,"text":"General Assembly resolution 70/1, para. 20. See also targets 2.3 and 4.5 of the Sustainable Development Goals, as well as Goal 5."},{"n":15,"text":"See Commission on the Status of Women resolutions 49/7 and 56/4. See also the agreed conclusions of the Commission at its sixty-sixth session (E/2022/27, chap. I, sect. A.)."}],"section":["III. Legal framework"]},{"id":"cedaw-c-gc-39-0016","docId":"cedaw-c-gc-39","idx":16,"n":16,"text":"16. The prohibition of discrimination in articles 1 and 2 of the Convention applies to all rights of Indigenous women and girls under the Convention, including, by extension, those set out in the Declaration, which is of fundamental importance to the interpretation of the Convention in the current context. The prohibition of discrimination is an important pillar and foundational principle of international human rights law. Indigenous women and girls have the right to be free from all forms of discrimination on the basis of their sex; gender; Indigenous origin, status or identity; race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status, among other factors.[[fn:16]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":16,"text":"General recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, para. 9; and United Nations Declaration on the Rights of Indigenous Peoples, para. 2."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-39-0017","docId":"cedaw-c-gc-39","idx":17,"n":17,"text":"17. Discrimination against Indigenous women and girls and its effects should be understood in both their individual and collective dimensions. In its individual dimension, discrimination against Indigenous women and girls takes intersecting forms and is carried out by both State and non-State actors, including those in the private sphere, on the basis of sex; gender; Indigenous origin, status or identity; race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status; among other factors. Racism, discriminatory stereotypes, marginalization and gender-based violence are interrelated violations experienced by Indigenous women and girls. Discrimination and gender-based violence threaten the individual autonomy, personal liberty and security, privacy and integrity of all Indigenous women and girls and may also harm the collective and its well-being. As indicated in general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, Indigenous women as individuals can suffer discrimination in the name of ideology, tradition, culture, religious and customary laws and practices. In addition, Indigenous women, including those with disabilities, often face the arbitrary removal and abduction of their children. They also face discriminatory and gender-biased decisions concerning the custody of their children – whether married or unmarried – or alimony following divorce. Indigenous women and girls as individuals have the right to be free from discrimination and human rights violations throughout their life cycle and to choose their own paths and life plans.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"]},{"id":"cedaw-c-gc-39-0018","docId":"cedaw-c-gc-39","idx":18,"n":18,"text":"18. In its collective dimension, discrimination, together with gender-based violence, against Indigenous women and girls threatens and disrupts the spiritual life, connection with Mother Earth, cultural integrity and survival, and social fabric of Indigenous Peoples and communities. Discrimination and gender-based violence have a harmful effect on the continuance and preservation of the knowledge, cultures, views, identities and traditions of Indigenous Peoples. The failure to protect the rights to self-determination, collective security of tenure over ancestral lands and resources, and effective participation and consent of Indigenous women in all matters affecting them constitutes discrimination against them and their communities.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"]},{"id":"cedaw-c-gc-39-0019","docId":"cedaw-c-gc-39","idx":19,"n":19,"text":"19. As indicated in the preamble to the Declaration, collective rights are indispensable for the existence, well-being and integral development of Indigenous Peoples, including Indigenous women and girls. The individual rights of Indigenous women and girls should never be neglected or violated in the pursuit of collective or group interests, as respect for both dimensions of their human rights is essential.[[fn:17]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":17,"text":"Committee on the Rights of the Child, general comment No. 11 (2009) on indigenous children and their rights under the Convention, para. 30."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"]},{"id":"cedaw-c-gc-39-0020","docId":"cedaw-c-gc-39","idx":20,"n":20,"text":"20. Discrimination against Indigenous women and girls is perpetuated by gender stereotypes but also by forms of racism fuelled by colonialism and militarization. These underlying causes of discrimination are reflected directly and indirectly in laws and policies that impede the access of Indigenous women and girls to land use and ownership, the exercise of their rights over their territories, natural and economic resources, and their access to credit, financial services and income-generating opportunities. The underlying causes also impede the recognition and protection of and support for collective and cooperative forms of land ownership and use. Legal protections for the land rights of Indigenous women remain weak, which frequently exposes them to dispossession, displacement, confinement, expropriation and exploitation.[[fn:18]] The lack of legal title to the territories of Indigenous Peoples increases their vulnerability to illegal incursions and to the implementation of development projects without their free, prior and informed consent by both State and non-State actors. Indigenous women and girls – in particular those who are widows, heads of households or orphans – disproportionately face barriers in gaining access to land, resulting in the loss of their livelihoods and threatening their culture, their intrinsic link to their environment, their food and water security and their health.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":18,"text":"A/HRC/30/41, paras. 15–17."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"]},{"id":"cedaw-c-gc-39-0021","docId":"cedaw-c-gc-39","idx":21,"n":21,"text":"21. Indigenous women and girls worldwide still do not enjoy equality before the law under article 15 of the Convention. In many parts of the world, Indigenous women lack the capacity to conclude contracts and administer property independent of their husband or a male guardian. They also experience challenges in owning, holding, controlling, inheriting and administering land, in particular when they are widowed and have to care for their families on their own. Inheritance laws – in both the State and Indigenous legal systems – frequently discriminate against Indigenous women. Indigenous women with disabilities commonly experience the denial of legal capacity, which leads to further human rights violations, including in the areas of access to justice, institutionalized violence and forced sterilization. Contrary to article 9 of the Convention, many laws still discriminate against Indigenous women and girls in relation to the transmission of their nationality and Indigenous status to their children when they marry non-Indigenous persons. These laws can result in transgenerational discrimination and forced assimilation, which fall within the scope and meaning of discrimination against women as defined in article 1 of the Convention.[[fn:19]] Therefore, States must ensure that Indigenous women and girls can acquire, change, retain or renounce their nationality and/or Indigenous status, transfer it to their children and spouse and have access to information on these rights, as part of ensuring their rights to self-determination and self-identification.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":19,"text":"See, for example, CEDAW/C/81/D/68/2014, para. 18.3."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-39-0022","docId":"cedaw-c-gc-39","idx":22,"n":22,"text":"22. The Committee, in its general recommendation No. 34 (2016) on the rights of rural women, underscored the importance of the rights of Indigenous women to land and collective ownership, natural resources, water, seeds, forests and fisheries under article 14 of the Convention.[[fn:20]] These rights are also guaranteed to Indigenous women as members of their peoples and communities by the Declaration and related international legal norms. The key barriers to these rights are the incompatibility of national laws with international law; the ineffective implementation of laws at the national and local levels; discriminatory gender stereotypes and practices, in particular in rural areas; lack of political will; and the commercialization, commodification and financialization of land and natural resources. Indigenous customary laws, misogyny and existing institutions may also be barriers. Indigenous women with disabilities often face intersecting forms of discrimination on the basis of their sex; gender; disability; and Indigenous origin, status or identity, reflected in the denial of their full legal capacity, which further increases their risk exposure to exploitation, violence and abuse and undermines their rights to land, territories and resources.[[fn:21]] Moreover, lesbian, bisexual, transgender and intersex Indigenous women and girls regularly face intersecting forms of discrimination. The Committee is concerned about the forms of inequality, discrimination and gender-based violence that affect Indigenous women and girls in the digital space, including the Internet, social media and all technology platforms.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":20,"text":"Para. 56."},{"n":21,"text":"Department of Economic and Social Affairs, State of the World’s Indigenous Peoples, vol. 5, p. 121."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-39-0023","docId":"cedaw-c-gc-39","idx":23,"n":23,"text":"23. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"]},{"id":"cedaw-c-gc-39-0024","docId":"cedaw-c-gc-39","idx":24,"n":24,"text":"24. Access to justice for Indigenous women requires a multidisciplinary and holistic approach that reflects an understanding that their access is linked to other human rights challenges that they face, including racism, racial discrimination and the effects of colonialism; sex- and gender-based discrimination; discrimination on the basis of socioeconomic status; disability-based discrimination; barriers in gaining access to their lands, territories and natural resources; the lack of adequate and culturally pertinent health and education services; and disruptions and threats to their spiritual lives.[[fn:23]] As indicated by other global human rights mechanisms, Indigenous Peoples must have access to justice that is guaranteed both by States and through their Indigenous customary and legal systems.[[fn:24]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":23,"text":"See A/HRC/EMRIP/2014/3/Rev.1, paras. 35–42; and Inter-American Commission on Human Rights, Indigenous Women and their Human Rights in the Americas (OEA/Ser.L/V/II. Doc. 44/17, para. 138)."},{"n":24,"text":"A/HRC/24/50, para. 5."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0025","docId":"cedaw-c-gc-39","idx":25,"n":25,"text":"25. The Committee reiterates that the right of Indigenous Peoples to maintain their own judicial structures and systems is a fundamental component of their rights to autonomy and self-determination.[[fn:25]] At the same time, Indigenous justice systems and their practices should be consistent with international human rights standards, as indicated in the Declaration.[[fn:26]] Accordingly, the Committee considers the Convention an important reference for both non-Indigenous and Indigenous justice systems in addressing cases related to discrimination against Indigenous women and girls.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":25,"text":"United Nations Declaration on the Rights of Indigenous Peoples, art. 34; and general recommendation No. 33 (2015) on women’s access to justice, para. 5."},{"n":26,"text":"Article 34 of the Declaration provides that Indigenous Peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0026","docId":"cedaw-c-gc-39","idx":26,"n":26,"text":"26. In its general recommendation No. 33 (2015) on women’s access to justice, the Committee recognized six essential components of access.[[fn:27]] These interrelated components – justiciability, availability, accessibility, good quality, provision of remedies for victims, and accountability of justice systems – are also applicable in the case of Indigenous women and girls, who should be provided with access to justice and remedies with a gender perspective, an intersectional perspective, an Indigenous women and girls perspective, an intercultural perspective and a multidisciplinary perspective, as defined in paragraphs 4 and 5 of the present general recommendation.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":27,"text":"Para. 14."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0027","docId":"cedaw-c-gc-39","idx":27,"n":27,"text":"27. According to the six essential components, States must ensure that all justice systems, both Indigenous and non-Indigenous, act in a timely fashion to offer appropriate and effective remedies for Indigenous women and girls who are victims and survivors of discrimination and gender-based violence. Doing so entails having available interpreters, translators, anthropologists, psychologists, health-care professionals, lawyers, cultural mediators with experience, and Indigenous spiritual and medicinal authorities, as well as training, incorporating a gender perspective, on the realities, cultures and views of Indigenous women and girls. Justice systems should also have in place methods to collect evidence that are appropriate and compatible with their culture and views. Justice officials should be consistently trained on the rights of Indigenous women and girls and the individual and collective dimensions of their identity, with the goal of instilling in the officials a substantial degree of Indigenous cultural competence. In that regard, it is key to respect the different conceptions of justice and processes that non-Indigenous and Indigenous systems have, and to actively listen to and collaborate with Indigenous Peoples. Justice can be a process of reconciliation and healing for them, with the goal of restoring harmony to their territories and communities.[[fn:28]] States should also proactively recruit and appoint Indigenous women justices.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":28,"text":"A/HRC/42/37, para. 25."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0028","docId":"cedaw-c-gc-39","idx":28,"n":28,"text":"28. States parties should ensure the establishment, maintenance and funding of courts and judicial and other bodies throughout their territories in urban, rural and remote areas. Indigenous justice systems should also be easily available, adequate and effective. Information on how to avail themselves of judicial avenues in both the non-Indigenous and Indigenous justice systems should be available to and disseminated among Indigenous women and girls. Basic judicial services and free legal aid services should be available in close proximity to Indigenous women and communities. States must adopt measures to ensure that Indigenous women know where to seek justice and that justice systems are accessible, fair and affordable.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0029","docId":"cedaw-c-gc-39","idx":29,"n":29,"text":"29. Indigenous women face obstacles in their access to both non-Indigenous and Indigenous justice systems which can be particularly acute in the case of Indigenous women and girls with disabilities. They are routinely denied their right to a legal remedy. As a result, many cases of discrimination and gender-based violence against Indigenous women and girls end in impunity. The barriers that they encounter in gaining access to justice and reparations include a lack of information in Indigenous languages on the legal remedies available in both non-Indigenous and Indigenous justice systems. Other barriers include the costs of legal assistance and the lack of free legal aid; disrespect of due process guarantees; absence of interpreters, including for sign language; court fees; long distances to courts; reprisals and retribution against those who report crimes; lack of identity cards and forms of identification; and lack of training for justice officials on the rights and specific needs of Indigenous women and girls. Indigenous women and girls with disabilities frequently face barriers with regard to the physical accessibility of buildings that house law enforcement agencies and the judiciary, and to the accessibility of critical information, transportation, communications, procedures and support services.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0030","docId":"cedaw-c-gc-39","idx":30,"n":30,"text":"30. In non-Indigenous justice systems, Indigenous women and girls frequently face racism, structural and systemic racial discrimination, and forms of marginalization, and often have to participate in procedures that are not culturally appropriate and do not take into account Indigenous traditions and practices. Judicial structures tend to reflect ongoing colonialism. Obstacles include the remoteness of Indigenous territories, which force Indigenous women and girls to travel long distances to file complaints; illiteracy; and lack of knowledge of existing laws and judicial avenues. Indigenous women are often not provided with the interpretation services that are necessary for them to fully participate in legal proceedings, and there is a lack of culturally appropriate methods of evidence collection. Among justice officials, there is a dearth of training on the rights of Indigenous women and girls in their individual and collective dimensions. Indigenous women and girls also have limited access to specialized medical care when they suffer acts of rape and sexual violence.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0031","docId":"cedaw-c-gc-39","idx":31,"n":31,"text":"31. Often, Indigenous justice systems are male dominated, and they discriminate against women and girls, providing limited space for them to participate, voice their concerns and hold decision-making positions.[[fn:29]] The Committee has expressed its concern in the past about the influence of gender stereotypes on the activity of Indigenous legal systems.[[fn:30]] In general, the Committee has recommended that both Indigenous and non-Indigenous justice systems adopt measures to comply with international human rights standards.[[fn:31]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":29,"text":"A/HRC/30/41, para. 42."},{"n":30,"text":"CEDAW/C/MEX/CO/7-8, para. 34."},{"n":31,"text":"General recommendation No. 33, para. 62."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0032","docId":"cedaw-c-gc-39","idx":32,"n":32,"text":"32. Indigenous women also tend to be overrepresented in prisons, affected by arbitrary pretrial detention and face discrimination, gender-based violence, inhumane treatment and forms of torture when they are in conflict with the law. These problems are aggravated by deficiencies in the legal support provided by legal aid counsel. The Committee highlights the right of every Indigenous girl who is in conflict with the law to a fair trial, equality before the law and the equal protection of the law.[[fn:32]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":32,"text":"Committee on the Rights of the Child, general comment No. 24 (2019) on children’s rights in the child justice system, paras. 40, 49 and 103."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0033","docId":"cedaw-c-gc-39","idx":33,"n":33,"text":"33. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0034","docId":"cedaw-c-gc-39","idx":34,"n":34,"text":"34. Gender-based violence against Indigenous women and girls is a form of discrimination under article 1 of the Convention and, therefore, engages all obligations under the Convention. Under article 2 of the Convention, States parties must adopt measures without delay to prevent and eliminate all forms of gender-based violence against Indigenous women and girls.[[fn:35]] Similarly, article 22 of the Declaration requires States to pay particular attention to the full protection of the rights of Indigenous women and to ensure their right to live free from violence and discrimination. The prohibition of gender-based violence against women is a principle of customary international law and applies to Indigenous women and girls.[[fn:36]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":35,"text":"General recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, para. 21."},{"n":36,"text":"Ibid., para. 2."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"22","source":"regex"}]},{"id":"cedaw-c-gc-39-0035","docId":"cedaw-c-gc-39","idx":35,"n":35,"text":"35. Gender-based violence disproportionately affects Indigenous women and girls. Available statistics indicate that Indigenous women are more likely to experience rape than non-Indigenous women.[[fn:37]] It is estimated that one in three Indigenous women is raped during her lifetime.[[fn:38]] While there is a growing body of evidence of the magnitude, nature and consequences of gender-based violence globally, knowledge of its incidence against Indigenous women is limited and tends to vary considerably by issue and region.[[fn:39]] The Committee highlights the need for States to engage in data collection efforts, in collaboration with Indigenous organizations and communities, to understand the scope of the problem of gender-based violence against Indigenous women and girls. It also highlights the need for discrimination, stereotypes and social legitimization of gender-based violence against them to be addressed by States.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":37,"text":"A/HRC/30/41, para. 47."},{"n":38,"text":"Ibid."},{"n":39,"text":"UN-Women and others, Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women (New York, 2013), p. 4. See also Inter-Agency Support Group on Indigenous Peoples’ Issues, “Elimination and responses to violence, exploitation and abuse of indigenous girls, adolescents and young women”, thematic paper towards the preparation on of the World Conference on Indigenous Peoples, pp. 1–2 and 4–10."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0036","docId":"cedaw-c-gc-39","idx":36,"n":36,"text":"36. The Committee is alarmed at the many forms of gender-based violence committed against Indigenous women and girls,[[fn:40]] which occurs in all spaces and spheres of human interaction, including the family,[[fn:41]] community, public spaces, the workplace, educational settings and the digital space.[[fn:42]] Violence can be psychological, physical, sexual, economic, political or a form of torture. Spiritual violence is frequently perpetrated against Indigenous women and girls, harming the collective identity of their communities and their connection to their spiritual life, culture, territories, environment and natural resources. Violence against Indigenous women and girls with disabilities and older Indigenous women often occurs in institutions, in particular those that are closed and segregated. Indigenous women and girls are frequently victims of rape, harassment, disappearances, killings and femicide.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":40,"text":"A/HRC/50/26, paras. 7–10 and 24–34."},{"n":41,"text":"A/HRC/30/41, paras. 113–117."},{"n":42,"text":"General recommendation No. 35, para. 20."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0037","docId":"cedaw-c-gc-39","idx":37,"n":37,"text":"37. Forced displacement is a major form of violence that affects Indigenous women and girls, severing their connection to their lands, territories and natural resources and permanently harming their life plans and communities. They are also adversely affected by environmental violence, which can take the form of environmental harm, degradation, pollution or State failures to prevent foreseeable harm connected to climate change. Other forms of violence affecting them include the exploitation of prostitution; contemporary forms of slavery, such as domestic servitude; forced surrogacy; the targeting of older unmarried women as witches or carriers of bad spirits; the stigmatization of married women who cannot bear children; and female genital mutilation. The Committee underscores, in particular, the problem of trafficking in persons affecting Indigenous women and girls, resulting from the militarization of Indigenous territories by national armies, organized crime, mining and logging operations and drug cartels, as well as the expansion of military bases on Indigenous lands and territories.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0038","docId":"cedaw-c-gc-39","idx":38,"n":38,"text":"38. Gender-based violence against Indigenous women and girls is drastically underreported, and perpetrators regularly enjoy impunity, owing to Indigenous women’s and girls’ extremely limited access to justice, as well as biased or flawed criminal justice systems[[fn:43]] Racism, marginalization, poverty, and alcohol and substance abuse increase the risk of gender-based violence against them.[[fn:44]] They suffer gender-based violence perpetrated or tolerated by both State and non-State actors. State actors include members of governments, armed forces, law enforcement authorities and public institutions, including in the health and education sectors and in prisons.[[fn:45]] Non-State actors include private individuals, businesses, private companies, paramilitary and rebel groups, illegal actors, and religious institutions.[[fn:46]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":43,"text":"CEDAW/C/OP.8/CAN/1, paras. 132–172."},{"n":44,"text":"Inter-American Commission on Human Rights, Indigenous Women and their Rights in the Americas, paras. 85 and 86."},{"n":45,"text":"UN-Women and others, Breaking the Silence, pp. 13–16, 19 and 20."},{"n":46,"text":"Ibid."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0039","docId":"cedaw-c-gc-39","idx":39,"n":39,"text":"39. States parties have a due diligence obligation to prevent, investigate and punish perpetrators and to provide reparations to Indigenous women and girls who are victims of gender-based violence. This obligation is applicable to both nonIndigenous and Indigenous justice systems.[[fn:47]] Due diligence should be implemented with gender, intersectional, Indigenous women, intercultural and multidisciplinary perspectives, as defined in paragraphs 4 and 5, and bearing in mind the gendered causes and impacts of the violence experienced by Indigenous women.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":47,"text":"Inter-American Commission on Human Rights, Indigenous Women, para. 230. See also general recommendation No. 33, para. 64."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0040","docId":"cedaw-c-gc-39","idx":40,"n":40,"text":"40. Gender-based violence against Indigenous women and girls undermines the collective spiritual, cultural and social fabric of Indigenous Peoples and their communities and causes collective and sometimes intergenerational harm. Sexual violence against Indigenous women and girls has been used by a plurality of actors during armed conflicts and times of unrest as a weapon of war and as a strategy to control and harm Indigenous communities.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0041","docId":"cedaw-c-gc-39","idx":41,"n":41,"text":"41. States should have an effective legal framework and adequate support services in place to address such gender-based violence. Such frameworks must include measures to prevent, investigate, punish perpetrators, and provide assistance and reparations to Indigenous women and girls who are victims, as well as services to address and mitigate the harmful effects of gender-based violence. This general obligation extends to all areas of State action, including legislative, executive and judicial branches, at the regional, national and local levels, as well as privatized services. It requires the formulation of legal norms, including at the constitutional level, and the design of public policies, programmes, institutional frameworks and monitoring mechanisms aimed at eliminating all forms of gender-based violence against Indigenous women and girls, whether committed by State or non-State actors.[[fn:48]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":48,"text":"General recommendation No. 35, para. 24 (b)."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0042","docId":"cedaw-c-gc-39","idx":42,"n":42,"text":"42. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0043","docId":"cedaw-c-gc-39","idx":43,"n":43,"text":"43. Indigenous women and girls tend to be excluded from decision-making in local, national and international processes, as well as in their own communities and Indigenous systems.[[fn:50]] Under article 7 of the Convention, they have the right to effective participation at all levels in political, public and community life. This right includes participation in decision-making within their communities, as well as with ancestral and other authorities; consent and consultation processes over economic activities carried out by State and private actors in Indigenous territories; public service and decision-making positions at the local, national regional and international levels; and their work as human rights defenders.[[fn:51]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":50,"text":"A/HRC/30/41, paras. 38 and 39."},{"n":51,"text":"See United Nations High Commissioner for Human Rights, guidelines for States on the effective implementation of the right to participate in public affairs, pp. 10–19."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","B. Right to effective participation in political and public life (arts. 7, 8 and 14)"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-39-0044","docId":"cedaw-c-gc-39","idx":44,"n":44,"text":"44. Indigenous women and girls face multiple and intersecting barriers to effective, meaningful and real participation. Such barriers include political violence; lack of or unequal educational opportunities; illiteracy; racism; sexism; discrimination based on class and economic status; language constraints; the need to travel long distances to gain access to any form of participation; the denial of access to health-care services, including sexual and reproductive health care and rights; and the lack of access to, economic support for and information on legal, political, institutional, community and civil society processes to vote, run for political office, organize campaigns and secure funding. The barriers to participation can be particularly high in armed conflict contexts, including in transitional justice processes, in which Indigenous women and girls and their organizations are often excluded from peace negotiations or attacked and threatened when they do try to participate. States parties should act promptly to ensure that all Indigenous women and girls have access to computers, the Internet and other forms of technology to facilitate their full inclusion in the digital world.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","B. Right to effective participation in political and public life (arts. 7, 8 and 14)"]},{"id":"cedaw-c-gc-39-0045","docId":"cedaw-c-gc-39","idx":45,"n":45,"text":"45. The Committee acknowledges the threats faced by Indigenous women human rights defenders, whose work is protected by the right to participate in political and public life. At particular risk are Indigenous women and girls who are environmental human rights defenders in the course of advancing their land and territorial rights, and those opposing the implementation of development projects without the free, prior and informed consent of the Indigenous Peoples concerned. In many cases, Indigenous women and girl human rights defenders face killings; threats and harassment; arbitrary detentions; forms of torture; and the criminalization, stigmatization and discrediting of their work. Many Indigenous women and girls’ organizations face obstacles to their recognition as legal entities at the national level, the lack of which challenges their access to funding and their ability to work freely and independently. The Committee considers that States parties should adopt immediate gender-responsive measures to publicly recognize, support and protect the life, liberty, security and self-determination of Indigenous women and girl human rights defenders, and to ensure safe conditions and an enabling environment for their advocacy work, free from discrimination, racism, killings, harassment and violence.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","B. Right to effective participation in political and public life (arts. 7, 8 and 14)"]},{"id":"cedaw-c-gc-39-0046","docId":"cedaw-c-gc-39","idx":46,"n":46,"text":"46. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","B. Right to effective participation in political and public life (arts. 7, 8 and 14)"],"citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"},{"treaty":"CEDAW","article":"19","source":"regex"},{"treaty":"CEDAW","article":"32","source":"regex"}]},{"id":"cedaw-c-gc-39-0047","docId":"cedaw-c-gc-39","idx":47,"n":47,"text":"47. Indigenous women and girls face multiple barriers to enrolment, retention, and completion at all levels of education and in non-traditional fields.[[fn:54]] Some of the most important educational barriers for them include: the lack of education facilities designed, established or controlled by Indigenous Peoples; poverty; discriminatory gender stereotypes and marginalization;[[fn:55]] limited cultural relevance of educational curricula; instruction solely in the dominant language; and the scarcity of sexuality education. Indigenous women and girls frequently must travel long distances to schools and are at risk of gender-based violence en route and upon arrival. While at school, they may experience sexual violence, corporal punishment or bullying. Gender-based violence and discrimination in education is particularly acute when forced assimilation policies are implemented in schools. Indigenous girls with disabilities face particular barriers to access and retention, including lack of physical accessibility; school officials’ refusal to enrol them; and reliance on segregated schools for children with disabilities. Forced and/or child marriages, sexual violence and adolescent pregnancies, the disproportionate burden of family responsibilities, child work, natural disasters and armed conflicts can also hamper Indigenous girls’ access to school.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":54,"text":"General recommendation No. 36 (2017) on the right of girls and women to education, para. 41; and general recommendation No. 34, para. 42."},{"n":55,"text":"Ibid."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","C. Right to education (arts. 5 and 10)"]},{"id":"cedaw-c-gc-39-0048","docId":"cedaw-c-gc-39","idx":48,"n":48,"text":"48. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","C. Right to education (arts. 5 and 10)"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-39-0049","docId":"cedaw-c-gc-39","idx":49,"n":49,"text":"49. Indigenous women have limited access to decent, safe and adequately remunerated employment, which undermines their economic autonomy. They contribute significantly to the agricultural sector but are overrepresented in subsistence agriculture; low-skilled, part-time, seasonal, low-paid or unpaid jobs; and home-based activities. A significant number of Indigenous women and girls also engage in domestic work with low remuneration and unsafe working conditions. Their overrepresentation in informal employment translates into weak income, benefits and social protection. They also face discriminatory gender stereotypes and racial prejudice in the workplace, including frequent prohibition from wearing their attire or using their languages. Indigenous women often face forms of gender-based violence and harassment at work, and their treatment can amount to forced labour and forms of slavery. States should create equal opportunities for Indigenous women and girls to gain access to the needed education and training necessary to increase their employment prospects and to facilitate their transition from the informal to the formal economy. States should also guarantee that Indigenous Peoples and women continue to pursue and benefit from their occupations, without discrimination.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","D. Right to work (arts. 11 and 14)"]},{"id":"cedaw-c-gc-39-0050","docId":"cedaw-c-gc-39","idx":50,"n":50,"text":"50. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","D. Right to work (arts. 11 and 14)"]},{"id":"cedaw-c-gc-39-0051","docId":"cedaw-c-gc-39","idx":51,"n":51,"text":"51. Indigenous women and girls have limited access to adequate health-care services, including sexual and reproductive health services and information, and face racial and gender-based discrimination in health systems. Their right to free, prior and informed consent is often not respected in the health sector. Health professionals are often race- and gender-biased, insensitive to the realities, culture and views of Indigenous women and do not speak Indigenous languages, and they rarely offer services respecting the dignity, privacy, informed consent and reproductive autonomy of Indigenous women. Indigenous women frequently experience difficulties in securing access to sexual and reproductive health information and education, including about family planning methods, contraception and access to safe and legal abortion. They are often victims of gender-based violence in the health system, including obstetrics violence; coercive practices, such as involuntary sterilizations or forced contraception; and barriers to their ability to decide on the number and spacing of their children. Indigenous midwives and birth attendants are often criminalized, and technical knowledge is undervalued by non-Indigenous health systems. Pandemics have a disproportionate impact on Indigenous women and girls, and States parties must ensure access to culturally acceptable health-care services, testing and vaccination during such emergencies.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","E. Right to health (arts. 10 and 12)"]},{"id":"cedaw-c-gc-39-0052","docId":"cedaw-c-gc-39","idx":52,"n":52,"text":"52. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","E. Right to health (arts. 10 and 12)"]},{"id":"cedaw-c-gc-39-0053","docId":"cedaw-c-gc-39","idx":53,"n":53,"text":"53. Culture is an essential component of the lives of Indigenous women and girls. It is intrinsically linked to their lands, territories, histories and community dynamics. There are many sources of culture for Indigenous women and girls, including languages, dress and the way they prepare food, practice Indigenous medicine, respect sacred places, practice religion and their traditions, and transmit the history and heritage of their communities and peoples. Indigenous women have a right not only to enjoy their culture but also to challenge aspects of their culture that they consider discriminatory, such as outdated laws, policies and practices contrary to international human rights law and gender equality. According to article 12 of the Convention on the Rights of the Child, Indigenous Girls also have the right to express their views and to participate in cultural matters affecting them, either directly or through a representative, in accordance with their age and maturity.[[fn:60]] States should also ensure that Indigenous women and girls can participate fully in sports and recreational activities, free from all forms of discrimination.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":60,"text":"Committee on the Rights of the Child, general comment No. 11, para. 38."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","F. Right to culture (arts. 3, 5, 13 and 14)"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"cedaw-c-gc-39-0054","docId":"cedaw-c-gc-39","idx":54,"n":54,"text":"54. The dispossession, lack of legal recognition and unauthorized use of Indigenous territories, lands and natural resources, as well as environmental degradation, including biodiversity loss, pollution and climate change, are direct threats to the self-determination, cultural integrity and survival of Indigenous women and girls, as are the unauthorized use and appropriation of their technical knowledge, spiritual practice, and cultural heritage by State actors and third parties. States should protect and preserve Indigenous languages, culture and knowledge, including through the use of digital tools; sanction the unauthorized appropriation and use of such languages, culture and knowledge; and respect and protect the lands, territories and sacred places of Indigenous Peoples.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","F. Right to culture (arts. 3, 5, 13 and 14)"]},{"id":"cedaw-c-gc-39-0055","docId":"cedaw-c-gc-39","idx":55,"n":55,"text":"55. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","F. Right to culture (arts. 3, 5, 13 and 14)"]},{"id":"cedaw-c-gc-39-0056","docId":"cedaw-c-gc-39","idx":56,"n":56,"text":"56. Land and territories are an integral part of the identity, views, livelihood, culture and spirit of Indigenous women and girls. Their lives, well-being, culture and survival are intrinsically linked to the use and enjoyment of their lands, territories and natural resources. The limited recognition of ownership of their ancestral territories; the absence of titles to their lands and legal protection of their traditions and heritage; and the lack of recognition of Indigenous Peoples’ land and native title rights at the treaty, constitutional and legislative levels in many countries[[fn:62]] undermine and fuel disrespect for their rights by State and private actors, specifically the rights to collective ownership, possession use and enjoyment of land and resources. Lack of recognition of Indigenous land rights can lead to poverty; food and water insecurity; and barriers to access to natural resources needed for survival, and can create unsafe conditions, which give rise to gender-based violence against Indigenous women and girls. States are required under international law to delimit, demarcate, title and ensure security of title to Indigenous Peoples’ territories to prevent discrimination against Indigenous women and girls.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":62,"text":"A/HRC/45/38, paras. 5–9."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","G. Rights to land, territories and natural resources (arts. 13 and 14)"]},{"id":"cedaw-c-gc-39-0057","docId":"cedaw-c-gc-39","idx":57,"n":57,"text":"57. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","G. Rights to land, territories and natural resources (arts. 13 and 14)"]},{"id":"cedaw-c-gc-39-0058","docId":"cedaw-c-gc-39","idx":58,"n":58,"text":"58. Indigenous women and girls have a key role in their communities in securing food, water and forms of livelihood and survival. The dispossession of their territories, forced displacement and lack of recognition of Indigenous land rights limits their opportunities to achieve food and water security and to manage these needed natural resources. The implementation of extractive and other economic activities and development projects can cause food and water contamination, disruption and degradation and can obstruct key forms of ancestral farming. Climate change and other forms of environmental degradation also threaten food security and contaminate and disrupt water supplies. States should adopt urgent measures to ensure that Indigenous women and girls have adequate access to sufficient food, nutrition and water. Of particular concern is the increasing commercialization of seeds, which are an essential part of the ancestral knowledge and cultural heritage of Indigenous Peoples. This commercialization of seeds often occurs without benefit-sharing with Indigenous women. The proliferation of transgenic or genetically modified crops is of concern to Indigenous Peoples and often occurs without the participation of Indigenous women or girls.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","H. Rights to food, water and seeds (arts. 12 and 14)"]},{"id":"cedaw-c-gc-39-0059","docId":"cedaw-c-gc-39","idx":59,"n":59,"text":"59. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","H. Rights to food, water and seeds (arts. 12 and 14)"]},{"id":"cedaw-c-gc-39-0060","docId":"cedaw-c-gc-39","idx":60,"n":60,"text":"60. The right to a clean, healthy and sustainable environment encompasses a safe and stable climate; safe and adequate food and water; healthy ecosystems and biodiversity; a non-toxic environment; participation; access to information; and access to justice in environmental matters.[[fn:64]] Indigenous women and girls refer to “Mother Earth”, a concept that reflects the vital link that they have with a healthy environment and their lands, territories and natural resources. Human-caused pollution, contamination, deforestation, burning of fossil fuels and loss of biodiversity threaten that link. The failure of States to take adequate action to prevent, adapt to and remediate these serious instances of environmental harm constitutes a form of discrimination and violence against Indigenous women and girls that needs to be promptly addressed. Moreover, States should take steps to recognize the contribution of Indigenous women through their technical knowledge of biodiversity conservation and restoration, including them in decision-making, negotiations and discussions concerning climate action and mitigation and adaptation measures. States should also act promptly to support the work of Indigenous women and girls who are environmental human rights defenders and ensure their protection and security.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":64,"text":"See Human Rights Council resolution 48/13."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","I. Right to a clean, healthy and sustainable environment (arts. 12 and 14)"]},{"id":"cedaw-c-gc-39-0061","docId":"cedaw-c-gc-39","idx":61,"n":61,"text":"61. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","I. Right to a clean, healthy and sustainable environment (arts. 12 and 14)"]},{"id":"a-49-38-0001","docId":"a-49-38","idx":1,"n":1,"text":"The Convention on the Elimination of All Forms of Discrimination against Women (General Assembly resolution 34/180, annex) affirms the equality of human rights for women and men in society and in the family. The Convention has an important place among international treaties concerned with human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["General recommendation No. 21:  Equality in marriage and family relations"]},{"id":"a-49-38-0002","docId":"a-49-38","idx":2,"n":2,"text":"Other conventions and declarations also confer great significance on the family and woman’s status within it. These include the Universal Declaration of Human Rights (General Assembly resolution 217/A (III)), the International Covenant on Civil and Political Rights (resolution 2200 A (XXI), annex), the Convention on the Nationality of Married Women (resolution 1040 (XI), annex), the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (resolution 1763 A (XVII), annex) and the subsequent Recommendation thereon (resolution 2018 (XX)) and the Nairobi Forward-looking Strategies for the Advancement of Women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["General recommendation No. 21:  Equality in marriage and family relations"]},{"id":"a-49-38-0003","docId":"a-49-38","idx":3,"n":3,"text":"The Convention on the Elimination of All Forms of Discrimination against Women recalls the inalienable rights of women which are already embodied in the above-mentioned conventions and declarations, but it goes further by recognizing the importance of culture and tradition in shaping the thinking and behaviour of men and women and the significant part they play in restricting the exercise of basic rights by women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["General recommendation No. 21:  Equality in marriage and family relations"]},{"id":"a-49-38-0004","docId":"a-49-38","idx":4,"n":4,"text":"The year 1994 has been designated by the General Assembly in its resolution 44/82 as the International Year of the Family. The Committee wishes to take the opportunity to stress the significance of compliance with women’s basic rights within the family as one of the measures which will support and encourage the national celebrations that will take place.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Background"]},{"id":"a-49-38-0005","docId":"a-49-38","idx":5,"n":5,"text":"Having chosen in this way to mark the International Year of the Family, the Committee wishes to analyse three articles in the Convention that have special significance for the status of women in the family: Article 9 1. States parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband. 2. States parties shall grant women equal rights with men with respect to the nationality of their children.","labels":["Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"}]},{"id":"a-49-38-0006","docId":"a-49-38","idx":6,"n":6,"text":"Nationality is critical to full participation in society. In general, States confer nationality on those who are born in that country. Nationality can also be acquired by reason of settlement or granted for humanitarian reasons such as statelessness. Without status as nationals or citizens, women are deprived of the right to vote or to stand for public office and may be denied access to public benefits and a choice of residence. Nationality should be capable of change by an adult woman and should not be arbitrarily removed because of marriage or dissolution of marriage or because her husband or father changes his nationality. Article 15 1. States parties shall accord to women equality with men before the law. 2. States parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. 3. States parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void. 4. States parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Comment"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"a-49-38-0007","docId":"a-49-38","idx":7,"n":7,"text":"When a woman cannot enter into a contract at all, or have access to financial credit, or can do so only with her husband’s or a male relative’s concurrence or guarantee, she is denied legal autonomy. Any such restriction prevents her from holding property as the sole owner and precludes her from the legal management of her own business or from entering into any other form of contract. Such restrictions seriously limit the woman’s ability to provide for herself and her dependants.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Comment"]},{"id":"a-49-38-0008","docId":"a-49-38","idx":8,"n":8,"text":"A woman’s right to bring litigation is limited in some countries by law or by her access to legal advice and her ability to seek redress from the courts. In others, her status as a witness or her evidence is accorded less respect or weight than that of a man. Such laws or customs limit the woman’s right effectively to pursue or retain her equal share of property and diminish her standing as an independent, responsible and valued member of her community. When countries limit a woman’s legal capacity by their laws, or permit individuals or institutions to do the same, they are denying women their rights to be equal with men and restricting women’s ability to provide for themselves and their dependants.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Comment"]},{"id":"a-49-38-0009","docId":"a-49-38","idx":9,"n":9,"text":"Domicile is a concept in common law countries referring to the country in which a person intends to reside and to whose jurisdiction she will submit. Domicile is originally acquired by a child through its parents but, in adulthood, denotes the country in which a person normally resides and in which she intends to reside permanently. As in the case of nationality, the examination of States parties’ reports demonstrates that a woman will not always be permitted at law to choose her own domicile. Domicile, like nationality, should be capable of change at willby an adult woman regardless of her marital status. Any restrictions on a woman’s right to choose a domicile on the same basis as a man may limit her access to the courts in the country in which she lives or prevent her from entering and leaving a country freely and in her own right.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Comment"]},{"id":"a-49-38-0010","docId":"a-49-38","idx":10,"n":10,"text":"Migrant women who live and work temporarily in another country should be permitted the same rights as men to have their spouses, partners and children join them.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Comment"]},{"id":"a-49-38-0011","docId":"a-49-38","idx":11,"n":11,"text":"Historically, human activity in public and private life has been viewed differently and regulated accordingly. In all societies women who have traditionally performed their roles in the private or domestic sphere have long had those activities treated as inferior.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Public and private life"]},{"id":"a-49-38-0012","docId":"a-49-38","idx":12,"n":12,"text":"As such activities are invaluable for the survival of society, there can be no justification for applying different and discriminatory laws or customs to them. Reports of States parties disclose that there are still countries where de jure equality does not exist. Women are thereby prevented from having equal access to resources and from enjoying equality of status in the family and society. Even where de jure equality exists, all societies assign different roles, which are regarded as inferior, to women. In this way, principles of justice and equality contained in particular in article 16 and also in articles 2, 5 and 24 of the Convention are being violated.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Public and private life"],"citedArticles":[{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"24","source":"regex"}]},{"id":"a-49-38-0013","docId":"a-49-38","idx":13,"n":13,"text":"The form and concept of the family can vary from State to State, and even between regions within a State. Whatever form it takes, and whatever the legal system, religion, custom or tradition within the country, the treatment of women in the family both at law and in private must accord with the principles of equality and justice for all people, as article 2 of the Convention requires.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Various forms of family"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"a-49-38-0014","docId":"a-49-38","idx":14,"n":14,"text":"States parties’ reports also disclose that polygamy is practised in a number of countries. Polygamous marriage contravenes a woman’s right to equality with men, and can have such serious emotional and financial consequences for her and her dependants that such marriages ought to be discouraged and prohibited. The Committee notes with concern that some States parties, whose constitutions guarantee equal rights, permit polygamous marriage in accordance with personal or customary law. This violates the constitutional rights of women, and breaches the provisions of article 5 (a) of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Polygamous marriages"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"a-49-38-0015","docId":"a-49-38","idx":15,"n":15,"text":"While most countries report that national constitutions and laws comply with the Convention, custom, tradition and failure to enforce these laws in reality contravene the Convention.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (a) and (b)"]},{"id":"a-49-38-0016","docId":"a-49-38","idx":16,"n":16,"text":"A woman’s right to choose a spouse and enter freely into marriage is central to her life and to her dignity and equality as a human being. An examination of States parties’ reports discloses that there are countries which, on the basis of custom, religious beliefs or the ethnic origins of particular groups of people, permit forced marriages or remarriages. Other countries allow a woman’s marriage to be arranged for payment or preferment and in others women’s poverty forces them to marry foreign nationals for financial security. Subject to reasonable restrictions based for example on a woman’s youth or consanguinity with her partner, a woman’s right to choose when, if, and whom she will marry must be protected and enforced at law.","labels":["Adolescents","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (a) and (b)"]},{"id":"a-49-38-0017","docId":"a-49-38","idx":17,"n":17,"text":"An examination of States parties’ reports discloses that many countries in their legal systems provide for the rights and responsibilities of married partners by relying on the application of common law principles, religious or customary law, rather than by complying with the principles contained in the Convention. These variations in law and practice relating to marriage have wide-ranging consequences for women, invariably restricting their rights to equal status and responsibility within marriage. Such limitations often result in the husband being accorded the status of head of household and primary decision maker and therefore contravene the provisions of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (c)"]},{"id":"a-49-38-0018","docId":"a-49-38","idx":18,"n":18,"text":"Moreover, generally a de facto union is not given legal protection at all. Women living in such relationships should have their equality of status with men both in family life and in the sharing of income and assets protected by law. Such women should share equal rights and responsibilities with men for the care and raising of dependent children or family members.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (c)"]},{"id":"a-49-38-0019","docId":"a-49-38","idx":19,"n":19,"text":"As provided in article 5 (b), most States recognize the shared responsibility of parents for the care, protection and maintenance of children. The principle that “the best interests of the child shall be the paramount consideration” has been included in the Convention on the Rights of the Child (General Assembly resolution 44/25, annex) and seems now to be universally accepted. However, in practice, some countries do not observe the principle of granting the parents of children equal status, particularly when they are not married. The children of such unions do not always enjoy the same status as those born in wedlock and, where the mothers are divorced or living apart, many fathers fail to share the responsibility of care, protection and maintenance of their children.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (d) and (f)"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"a-49-38-0020","docId":"a-49-38","idx":20,"n":20,"text":"The shared rights and responsibilities enunciated in the Convention should be enforced at law and as appropriate through legal concepts of guardianship, wardship, trusteeship and adoption. States parties should ensure that by their laws both parents, regardless of their marital status and whether they live with their children or not, share equal rights and responsibilities for their children.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (d) and (f)"]},{"id":"a-49-38-0021","docId":"a-49-38","idx":21,"n":21,"text":"The responsibilities that women have to bear and raise children affect their right of access to education, employment and other activities related to their personal development. They also impose inequitable burdens of work on women. The number and spacing of their children have a similar impact on women’s lives and also affect their physical and mental health, as well as that of their children. For these reasons, women are entitled to decide on the number and spacing of their children.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (e)"]},{"id":"a-49-38-0022","docId":"a-49-38","idx":22,"n":22,"text":"Some reports disclose coercive practices which have serious consequences for women, such as forced pregnancies, abortions or sterilization. Decisions to have children or not, while preferably made in consultation with spouse or partner, must not nevertheless be limited by spouse, parent, partner or Government. In order to make an informed decision about safe and reliable contraceptive measures, women must have information about contraceptive measures and their use, and guaranteed access to sex education and family planning services, as provided in article 10 (h) of the Convention.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (e)"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"a-49-38-0023","docId":"a-49-38","idx":23,"n":23,"text":"There is general agreement that where there are freely available appropriate measures for the voluntary regulation of fertility, the health, development and well-being of all members of the family improve. Moreover, such services improve the general quality of life and health of the population, and the voluntary regulation of population growth helps preserve the environment and achieve sustainable economic and social development.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (e)"]},{"id":"a-49-38-0024","docId":"a-49-38","idx":24,"n":24,"text":"A stable family is one which is based on principles of equity, justice and individual fulfilment for each member. Each partner must therefore have the right to choose a profession or employment that is best suited to his or her abilities, qualifications and aspirations, as provided in article 11 (a) and (c) of the Convention. Moreover, each partner should have the right to choose his or her name, thereby preserving individuality and identity in the community and distinguishing that person from other members of society. When by law or custom a woman is obliged to change her name on marriage or at its dissolution, she is denied these rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (g)"],"citedArticles":[{"treaty":"CEDAW","article":"11","source":"regex"}]},{"id":"a-49-38-0025","docId":"a-49-38","idx":25,"n":25,"text":"The rights provided in this article overlap with and complement those in article 15 (2) in which an obligation is placed on States to give women equal rights to enter into and conclude contracts and to administer property.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (h)"],"citedArticles":[{"treaty":"CEDAW","article":"15","paragraph":"2","source":"regex"}]},{"id":"a-49-38-0026","docId":"a-49-38","idx":26,"n":26,"text":"Article 15 (1) guarantees women equality with men before the law. The right to own, manage, enjoy and dispose of property is central to a woman’s right to enjoy financial independence, and in many countries will be critical to her ability to earn a livelihood and to provide adequate housing and nutrition for herself and for her family.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (h)"],"citedArticles":[{"treaty":"CEDAW","article":"15","paragraph":"1","source":"regex"}]},{"id":"a-49-38-0027","docId":"a-49-38","idx":27,"n":27,"text":"In countries that are undergoing a programme of agrarian reform or redistribution of land among groups of different ethnic origins, the right of women, regardless of marital status, to share such redistributed land on equal terms with men should be carefully observed.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (h)"]},{"id":"a-49-38-0028","docId":"a-49-38","idx":28,"n":28,"text":"In most countries, a significant proportion of the women are single or divorced and many have the sole responsibility to support a family. Any discrimination in the division of property that rests on the premise that the man alone is responsible for the support of the women and children of his family and that he can and will honourably discharge this responsibility is clearly unrealistic. Consequently, any law or custom that grants men a right to a greater share of property at the end of a marriage or de facto relationship, or on the death of a relative, is discriminatory and will have a serious impact on a woman’s practical ability to divorce her husband, to support herself or her family and to live in dignity as an independent person.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (h)"]},{"id":"a-49-38-0029","docId":"a-49-38","idx":29,"n":29,"text":"All of these rights should be guaranteed regardless of a woman’s marital status.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (h)"]},{"id":"a-49-38-0030","docId":"a-49-38","idx":30,"n":30,"text":"There are countries that do not acknowledge that right of women to own an equal share of the property with the husband during a marriage or de facto relationship and when that marriage or relationship ends. Many countries recognize that right, but the practical ability of women to exercise it may be limited by legal precedent or custom.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Marital property"]},{"id":"a-49-38-0031","docId":"a-49-38","idx":31,"n":31,"text":"Even when these legal rights are vested in women, and the courts enforce them, property owned by a woman during marriage or on divorce may be managed by a man. In many States, including those where there is a community-property regime, there is no legal requirement that a woman be consulted when property owned by the parties during marriage or de facto relationship is sold or otherwise disposed of. This limits the woman’s ability to control disposition of the property or the income derived from it.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Marital property"]},{"id":"a-49-38-0032","docId":"a-49-38","idx":32,"n":32,"text":"In some countries, on division of marital property, greater emphasis is placed on financial contributions to property acquired during a marriage, and other contributions, such as raising children, caring for elderly relatives and discharging household duties are diminished. Often, such contributions of a non-financial nature by the wife enable the husband to earn an income and increase the assets. Financial and non-financial contributions should be accorded the same weight.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Marital property"]},{"id":"a-49-38-0033","docId":"a-49-38","idx":33,"n":33,"text":"In many countries, property accumulated during a de facto relationship is not treated at law on the same basis as property acquired during marriage. Invariably, if the relationship ends, the woman receives a significantly lower share than her partner. Property laws and customs that discriminate in this way against married or unmarried women with or without children should berevoked and discouraged.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Marital property"]},{"id":"a-49-38-0034","docId":"a-49-38","idx":34,"n":34,"text":"Reports of States parties should include comment on the legal or customary provisions relating to inheritance laws as they affect the status of women as provided in the Convention and in Economic and Social Council resolution 884D (XXXIV), in which the Council recommended that States ensure that men and women in the same degree of relationship to a deceased are entitled to equal shares in the estate and to equal rank in the order of succession. That provision has not been generally implemented.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Inheritance"]},{"id":"a-49-38-0035","docId":"a-49-38","idx":35,"n":35,"text":"There are many countries where the law and practice concerning inheritance and property result in serious discrimination against women. As a result of this uneven treatment, women may receive a smaller share of the husband’s or father’s property at his death than would widowers and sons. In some instances, women are granted limited and controlled rights and receive income only from the deceased’s property. Often inheritance rights for widows do not reflect the principles of equal ownership of property acquired during marriage. Such provisions contravene the Convention and should be abolished.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Inheritance"]},{"id":"a-49-38-0036","docId":"a-49-38","idx":36,"n":36,"text":"In the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, States are urged to repeal existing laws and regulations and to remove customs and practices which discriminate against and cause harm to the girl child. Article 16 (2) and the provisions of the Convention on the Rights of the Child preclude States parties from permitting or giving validity to a marriage between persons who have not attained their majority. In the context of the Convention on the Rights of the Child, “a child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier”. Notwithstanding this definition, and bearing in mind the provisions of the Vienna Declaration, the Committee considers that the minimum age for marriage should be 18 years for both man and woman. When men and women marry, they assume important responsibilities. Consequently, marriage should not be permitted before they have attained full maturity and capacity to act. According to the World Health Organization, when minors, particularly girls, marry and have children, their health can be adversely affected and their education is impeded. As a result their economic autonomy is restricted.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (2)"],"citedArticles":[{"treaty":"CRC","article":"16","paragraph":"2","source":"regex"}]},{"id":"a-49-38-0037","docId":"a-49-38","idx":37,"n":37,"text":"This not only affects women personally but also limits the development of their skills and independence and reduces access to employment, thereby detrimentally affecting their families and communities.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (2)"]},{"id":"a-49-38-0038","docId":"a-49-38","idx":38,"n":38,"text":"Some countries provide for different ages for marriage for men and women. As such provisions assume incorrectly that women have a different rate of intellectual development from men, or that their stage of physical and intellectual development at marriage is immaterial, these provisions should be abolished. In other countries, the betrothal of girls or undertakings by family members on their behalf is permitted. Such measures contravene not only the Convention, but also a woman’s right freely to choose her partner.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (2)"]},{"id":"a-49-38-0039","docId":"a-49-38","idx":39,"n":39,"text":"States parties should also require the registration of all marriages whether contracted civilly or according to custom or religious law. The State can thereby ensure compliance with the Convention and establish equality between partners, a minimum age for marriage, prohibition of bigamy and polygamy and the protection of the rights of children.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (2)"]},{"id":"a-49-38-0040","docId":"a-49-38","idx":40,"n":40,"text":"In considering the place of women in family life, the Committee wishes to stress that the provisions of General recommendation 19 (Eleventh session) concerning violence against women have great significance for women’s abilities to enjoy rights and freedoms on an equal.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Violence against women"]},{"id":"a-50-38-0001","docId":"a-50-38","idx":1,"n":1,"text":"Recommends that the States parties favourably consider amending article 20 of the Convention in respect of the meeting time of the Committee, so as to allow it to meet annually for such duration as is necessary for the effective performance of its functions under the Convention, with no specific restriction except for that which the General Assembly shall decide;","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1996,"citedArticles":[{"treaty":"CEDAW","article":"20","source":"regex"}]},{"id":"a-50-38-0002","docId":"a-50-38","idx":2,"n":2,"text":"Recommends also that the General Assembly, pending the completion of an amendment process, authorize the Committee to meet exceptionally in 1996 for two sessions, each of three weeks’ duration and each being preceded by pre-session working groups;","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1996},{"id":"a-50-38-0003","docId":"a-50-38","idx":3,"n":3,"text":"Recommends further that the meeting of States parties receive an oral report from the Chairperson of the Committee on the difficulties faced by the Committee in performing its functions;","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1996},{"id":"a-50-38-0004","docId":"a-50-38","idx":4,"n":4,"text":"Recommends that the Secretary-General make available to the States parties at their meeting all relevant information on the workload of the Committee and comparative information in respect of the other human rights treaty bodies.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1996},{"id":"a-52-38-0001","docId":"a-52-38","idx":1,"n":1,"text":"The Convention on the Elimination of All Forms of Discrimination against Women places special importance on the participation of women in the public life of their countries. The preamble to the Convention states in part: “Recalling that discrimination against women violates the principles of equality of rights and respect for human dignity, is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their countries, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women in the service of their countries and of humanity.”","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"]},{"id":"a-52-38-0002","docId":"a-52-38","idx":2,"n":2,"text":"The Convention further reiterates in its preamble the importance of women’s participation in decision-making as follows: “Convinced that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields.”","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"]},{"id":"a-52-38-0003","docId":"a-52-38","idx":3,"n":3,"text":"Moreover, in article 1 of the Convention, the term “discrimination against women” is interpreted to mean: “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"a-52-38-0004","docId":"a-52-38","idx":4,"n":4,"text":"Other conventions, declarations and international analyses place great importance on the participation of women in public life and have set a framework of international standards of equality. These include the Universal Declaration of Human Rights,[[fn:1]]1 the International Covenant on Civil and Political Rights,[[fn:2]] the Convention on the Political Rights of Women,[[fn:3]] the Vienna Declaration,[[fn:4]] paragraph 13 of the Beijing Declaration and Platform for Action,[[fn:5]] general recommendations 5 and 8 under the Convention,[[fn:6]] general comment No. 25 adopted by the Human Rights Committee,[[fn:7]] the recommendation adopted by the Council of the European Union on balanced participation of women and men in the decision-making process[[fn:8]] and the European Commission’s “How to Create a Gender Balance in Political Decision-making”.[[fn:9]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"footnotes":[{"n":1,"text":"General Assembly resolution 217 A (III)."},{"n":2,"text":"General Assembly resolution 2200 A (XXI), annex."},{"n":3,"text":"General Assembly resolution 640 (VII)."},{"n":4,"text":"Report of the World Conference on Human Rights, Vienna, 14-25 June 1993 (A/CONF.157/24 (Part I)), chap. III."},{"n":5,"text":"Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annex I."},{"n":6,"text":"See Official Records of the General Assembly, Forty-third Session, Supplement No. 38 (A/43/38), chap. V."},{"n":7,"text":"CCPR/21/21/Rev.1/Add.7, 27 August 1996."},{"n":8,"text":"96/694/EC, Brussels, 2 December 1996."},{"n":9,"text":"European Commission document V/1206/96-EN (March 1996)."}],"section":["Background"]},{"id":"a-52-38-0005","docId":"a-52-38","idx":5,"n":5,"text":"Article 7 obliges States parties to take all appropriate measures to eliminate discrimination against women in political and public life and to ensure that they enjoy equality with men in political and public life. The obligation specified in article 7 extends to all areas of public and political life and is not limited to those areas specified in subparagraphs (a), (b) and (c). The political and public life of a country is a broad concept. It refers to the exercise of political power, in particular the exercise of legislative, judicial, executive and administrative powers. The term covers all aspects of public administration and the formulation and implementation of policy at the international, national, regional and local levels. The concept also includes many aspects of civil society, including public boards and local councils and the activities of organizations such as political parties, trade unions, professional or industry associations, women’s organizations, community-based organizations and other organizations concerned with public and political life.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0006","docId":"a-52-38","idx":6,"n":6,"text":"The Convention envisages that, to be effective, this equality must be achieved within the framework of a political system in which each citizen enjoys the right to vote and be elected at genuine periodic elections held on the basis of universal suffrage and by secret ballot, in such a way as to guarantee the free expression of the will of the electorate, as provided for under international human rights instruments, such as article 21 of the Universal Declaration of Human Rights and article 25 of the International Covenant on Civil and Political Rights.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"],"citedArticles":[{"article":"21","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly says 'article 21 of the Universal Declaration of Human Rights' - UDHR is not an in-scope treaty."},{"article":"25","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text explicitly says 'article 25 of the International Covenant on Civil and Political Rights'."}]},{"id":"a-52-38-0007","docId":"a-52-38","idx":7,"n":7,"text":"The Convention’s emphasis on the importance of equality of opportunity and of participation in public life and decision-making has led the Committee to review article 7 and to suggest to States parties that in reviewing their laws and policies and in reporting under the Convention, they should take into account the comments and recommendations set out below.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0008","docId":"a-52-38","idx":8,"n":8,"text":"Public and private spheres of human activity have always been considered distinct, and have been regulated accordingly. Invariably, women have been assigned to the private or domestic sphere, associated with reproduction and the raising of children, and in all societies these activities have been treated as inferior. By contrast, public life, which is respected and honoured, extends to a broad range of activity outside the private and domestic sphere. Men historically have both dominated public life and exercised the power to confine and subordinate women within the private sphere.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0009","docId":"a-52-38","idx":9,"n":9,"text":"Despite women’s central role in sustaining the family and society and their contribution to development, they have been excluded from political life and the decision-making process, which nonetheless determine the pattern of their daily lives and the future of societies.Particularly in times of crisis, this exclusion has silenced women’s voices and rendered invisible their contribution and experiences.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0010","docId":"a-52-38","idx":10,"n":10,"text":"In all nations, the most significant factors inhibiting women’s ability to participate in public life have been the cultural framework of values and religious beliefs, the lack of services and men’s failure to share the tasks associated with the organization of the household and with the care and raising of children. In all nations, cultural traditions and religious beliefs have played a part in confining women to the private spheres of activity and excluding them from active participation in public life.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0011","docId":"a-52-38","idx":11,"n":11,"text":"Relieving women of some of the burdens of domestic work would allow them to engage more fully in the life of their communities. Women’s economic dependence on men often prevents them from making important political decisions and from participating actively in public life. Their double burden of work and their economic dependence, coupled with the long or inflexible hours of both public and political work, prevent women from being more active.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0012","docId":"a-52-38","idx":12,"n":12,"text":"Stereotyping, including that perpetrated by the media, confines women in political life to issues such as the environment, children and health, and excludes them from responsibility for finance, budgetary control and conflict resolution. The low involvement of women in the professions from which politicians are recruited can create another obstacle. In countries where women leaders do assume power this can be the result of the influence of their fathers, husbands or male relatives rather than electoral success in their own right.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0013","docId":"a-52-38","idx":13,"n":13,"text":"The principle of equality of women and men has been affirmed in the constitutions and laws of most countries and in all international instruments. Nonetheless, in the last 50 years, women have not achieved equality, and their inequality has been reinforced by their low level of participation in public and political life. Policies developed and decisions made by men alone reflect only part of human experience and potential. The just and effective organization of society demands the inclusion and participation of all its members.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Political systems"]},{"id":"a-52-38-0014","docId":"a-52-38","idx":14,"n":14,"text":"No political system has conferred on women both the right to and the benefit of full and equal participation. While democratic systems have improved women’s opportunities for involvement in political life, the many economic, social and cultural barriers they continue to face have seriously limited their participation. Even historically stable democracies have failed to integrate fully and equally the opinions and interests of the female half of the population. Societies in which women are excluded from public life and decision-making cannot be described as democratic. The concept of democracy will have real and dynamic meaning and lasting effect only when political decision-making is shared by women and men and takes equal account of the interests of both. The examination of States parties’ reports shows that where there is full and equal participation of women in public life and decision-making, the implementation of their rights and compliance with the Convention improves.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Political systems"]},{"id":"a-52-38-0015","docId":"a-52-38","idx":15,"n":15,"text":"While removal of de jure barriers is necessary, it is not sufficient. Failure to achieve full and equal participation of women can be unintentional and the result of outmoded practices and procedures which inadvertently promote men. Under article 4, the Convention encourages the use of temporary special measures in order to give full effect to articles 7 and 8. Where countries have developed effective temporary strategies in an attempt to achieve equality of participation, a wide range of measures has been implemented, including recruiting, financiallyassisting and training women candidates, amending electoral procedures, developing campaigns directed at equal participation, setting numerical goals and quotas and targeting women for appointment to public positions such as the judiciary or other professional groups that play an essential part in the everyday life of all societies. The formal removal of barriers and the introduction of temporary special measures to encourage the equal participation of both men and women in the public life of their societies are essential prerequisites to true equality in political life. In order, however, to overcome centuries of male domination of the public sphere, women also require the encouragement and support of all sectors of society to achieve full and effective participation, encouragement which must be led by States parties to the Convention, as well as by political parties and public officials. States parties have an obligation to ensure that temporary special measures are clearly designed to support the principle of equality and therefore comply with constitutional principles which guarantee equality to all citizens.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Temporary special measures"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0016","docId":"a-52-38","idx":16,"n":16,"text":"The critical issue, emphasized in the Beijing Platform for Action, is the gap between the de jure and de facto, or the right as against the reality of women’s participation in politics and public life generally. Research demonstrates that if women’s participation reaches 30 to 35 per cent (generally termed a “critical mass”), there is a real impact on political style and the content of decisions, and political life is revitalized.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Summary"]},{"id":"a-52-38-0017","docId":"a-52-38","idx":17,"n":17,"text":"In order to achieve broad representation in public life, women must have full equality in the exercise of political and economic power; they must be fully and equally involved in decision-making at all levels, both nationally and internationally, so that they may make their contribution to the goals of equality, development and the achievement of peace. A gender perspective is critical if these goals are to be met and if true democracy is to be assured. For these reasons, it is essential to involve women in public life to take advantage of their contribution, to assure their interests are protected and to fulfil the guarantee that the enjoyment of human rights is for all people regardless of gender. Women’s full participation is essential not only for their empowerment but also for the advancement of society as a whole.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Summary"]},{"id":"a-52-38-0018","docId":"a-52-38","idx":18,"n":18,"text":"The Convention obliges States parties in constitutions or legislation to take appropriate steps to ensure that women, on the basis of equality with men, enjoy the right to vote in all elections and referendums, and to be elected. These rights must be enjoyed both de jure and de facto.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0019","docId":"a-52-38","idx":19,"n":19,"text":"The examination of the reports of States parties demonstrates that, while almost all have adopted constitutional or other legal provisions that grant to both women and men the equal right to vote in all elections and public referendums, in many nations women continue to experience difficulties in exercising this right.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0020","docId":"a-52-38","idx":20,"n":20,"text":"Factors which impede these rights include the following: (a) Women frequently have less access than men to information about candidates and about party political platforms and voting procedures, information which Governments and political parties have failed to provide. Other important factors that inhibit women’s full and equal exercise of their right to vote include their illiteracy, their lack of knowledge and understanding of political systems or about the impact that political initiatives and policies will have upon their lives. Failure to understand the rights, responsibilities and opportunities for change conferred by franchise also means that women are not always registered to vote; (b) Women’s double burden of work, as well as financial constraints, will limit women’s time or opportunity to follow electoral campaigns and to have the full freedom to exercise their vote; (c) In many nations, traditions and social and cultural stereotypes discourage women from exercising their right to vote. Many men influence or control the votes of women by persuasion or direct action, including voting on their behalf. Any such practices should be prevented; (d) Other factors that in some countries inhibit women’s involvement in the public or political lives of their communities include restrictions on their freedom of movement or right to participate, prevailing negative attitudes towards women’s political participation, or a lack of confidence in and support for female candidates by the electorate. In addition, some women consider involvement in politics to be distasteful and avoid participation in political campaigns.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0021","docId":"a-52-38","idx":21,"n":21,"text":"These factors at least partially explain the paradox that women, who represent half of all electorates, do not wield their political power or form blocs which would promote their interests or change government, or eliminate discriminatory policies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0022","docId":"a-52-38","idx":22,"n":22,"text":"The system of balloting, the distribution of seats in Parliament, the choice of district, all have a significant impact on the proportion of women elected to Parliament. Political parties must embrace the principles of equal opportunity and democracy and endeavour to balance the number of male and female candidates.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0023","docId":"a-52-38","idx":23,"n":23,"text":"The enjoyment of the right to vote by women should not be subject to restrictions or conditions that do not apply to men or that have a disproportionate impact on women. For example, limiting the right to vote to persons who have a specified level of education, who possess a minimum property qualification or who are literate is not only unreasonable, it may violate the universal guarantee of human rights. It is also likely to have a disproportionate impact on women, thereby contravening the provisions of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0024","docId":"a-52-38","idx":24,"n":24,"text":"The participation of women in government at the policy level continues to be low in general. Although significant progress has been made and in some countries equality has been achieved, in many countries women’s participation has actually been reduced.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"]},{"id":"a-52-38-0025","docId":"a-52-38","idx":25,"n":25,"text":"Article 7 (b) also requires States parties to ensure that women have the right to participate fully in and be represented in public policy formulation in all sectors and at all levels. This would facilitate the mainstreaming of gender issues and contribute a gender perspective to public policy-making.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0026","docId":"a-52-38","idx":26,"n":26,"text":"States parties have a responsibility, where it is within their control, both to appoint women to senior decision-making roles and, as a matter of course, to consult and incorporate the advice of groups which are broadly representative of women’s views and interests.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"]},{"id":"a-52-38-0027","docId":"a-52-38","idx":27,"n":27,"text":"States parties have a further obligation to ensure that barriers to women’s full participation in the formulation of government policy are identified and overcome. These barriers include complacency when token women are appointed, and traditional and customary attitudes that discourage women’s participation. When women are not broadly represented in the senior levels of government or are inadequately or not consulted at all, government policy will not be comprehensive and effective.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"]},{"id":"a-52-38-0028","docId":"a-52-38","idx":28,"n":28,"text":"While States parties generally hold the power to appoint women to senior cabinet and administrative positions, political parties also have a responsibility to ensure that women are included in party lists and nominated for election in areas where they have a likelihood of electoral success. States parties should also endeavour to ensure that women are appointed to government advisory bodies on an equal basis with men and that these bodies take into account, as appropriate, the views of representative women’s groups. It is the Government’s fundamental responsibility to encourage these initiatives to lead and guide public opinion and change attitudes that discriminate against women or discourage women’s involvement in political and public life.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"]},{"id":"a-52-38-0029","docId":"a-52-38","idx":29,"n":29,"text":"Measures that have been adopted by a number of States parties in order to ensure equal participation by women in senior cabinet and administrative positions and as members of government advisory bodies include: adoption of a rule whereby, when potential appointees are equally qualified, preference will be given to a woman nominee; the adoption of a rule that neither sex should constitute less than 40 per cent of the members of a public body; a quota for women members of cabinet and for appointment to public office; and consultation with women’s organizations to ensure that qualified women are nominated for membership in public bodies and offices and the development and maintenance of registers of such women in order to facilitate the nomination of women for appointment to public bodies and posts. Where members are appointed to advisory bodies upon the nomination of private organizations, States parties should encourage these organizations to nominate qualified and suitable women for membership in these bodies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"]},{"id":"a-52-38-0030","docId":"a-52-38","idx":30,"n":30,"text":"The examination of the reports of States parties demonstrates that women are excluded from top-ranking positions in cabinets, the civil service and in public administration, in the judiciary and in justice systems. Women are rarely appointed to these senior or influential positions and while their numbers may in some States be increasing at the lower levels and in posts usually associated with the home or the family, they form only a tiny minority in decision-making positions concerned with economic policy or development, political affairs, defence, peacemaking missions, conflict resolution or constitutional interpretation and determination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to hold public office and to perform all public functions (art. 7, para. (b))"]},{"id":"a-52-38-0031","docId":"a-52-38","idx":31,"n":31,"text":"Examination of the reports of States parties also demonstrates that in certain cases the law excludes women from exercising royal powers, from serving as judges in religious or traditional tribunals vested with jurisdiction on behalf of the State or from full participation in the military. These provisions discriminate against women, deny to society the advantages of their involvement and skills in these areas of the life of their communities and contravene the principles of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to hold public office and to perform all public functions (art. 7, para. (b))"]},{"id":"a-52-38-0032","docId":"a-52-38","idx":32,"n":32,"text":"An examination of the reports of States parties demonstrates that, on the few occasions when information concerning political parties is provided, women are underrepresented or concentrated in less influential roles than men. As political parties are an important vehicle in decision-making roles, Governments should encourage political parties to examine the extent to which women are full and equal participants in their activities and, where this is not the case, should identify the reasons for this. Political parties should be encouraged to adopt effective measures, including the provision of information, financial and other resources, to overcome obstacles to women’s full participation and representation and ensure that women have an equal opportunity in practice to serve as party officials and to be nominated as candidates for election.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["(art. 7, para. (c))"]},{"id":"a-52-38-0033","docId":"a-52-38","idx":33,"n":33,"text":"Measures that have been adopted by some political parties include setting aside for women a certain minimum number or percentage of positions on their executive bodies, ensuring that there is a balance between the number of male and female candidates nominated for election, and ensuring that women are not consistently assigned to less favourable constituencies or to the least advantageous positions on a party list. States parties should ensure that such temporary special measures are specifically permitted under anti-discrimination legislation or other constitutional guarantees of equality.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["(art. 7, para. (c))"]},{"id":"a-52-38-0034","docId":"a-52-38","idx":34,"n":34,"text":"Other organizations such as trade unions and political parties have an obligation to demonstrate their commitment to the principle of gender equality in their constitutions, in the application of those rules and in the composition of their memberships with gender-balanced representation on their executive boards so that these bodies may benefit from the full and equal participation of all sectors of society and from contributions made by both sexes. These organizations also provide a valuable training ground for women in political skills, participation and leadership, as do non-governmental organizations (NGOs).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["(art. 7, para. (c))"]},{"id":"a-52-38-0035","docId":"a-52-38","idx":35,"n":35,"text":"Under article 8, Governments are obliged to ensure the presence of women at all levels and in all areas of international affairs. This requires that they be included in economic and military matters, in both multilateral and bilateral diplomacy, and in official delegations to international and regional conferences.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"],"citedArticles":[{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0036","docId":"a-52-38","idx":36,"n":36,"text":"From an examination of the reports of States parties, it is evident that women are grossly underrepresented in the diplomatic and foreign services of most Governments, and particularly at the highest ranks. Women tend to be assigned to embassies of lesser importance to the country’s foreign relations and in some cases women are discriminated against in terms of their appointments by restrictions pertaining to their marital status. In other instances spousal and family benefits accorded to male diplomats are not available to women in parallel positions. Opportunities for women to engage in international work are often denied because of assumptions about their domestic responsibilities, including that the care of family dependants will prevent them accepting appointment.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0037","docId":"a-52-38","idx":37,"n":37,"text":"Many Permanent Missions to the United Nations and to other international organizations have no women among their diplomats and very few at senior levels. The situation is similar at expert meetings and conferences that establish international and global goals, agendas and priorities. Organizations of the United Nations system and various economic, political and military structures at the regional level have become important international public employers, but here, too, women have remained a minority concentrated in lower-level positions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0038","docId":"a-52-38","idx":38,"n":38,"text":"There are few opportunities for women and men, on equal terms, to represent Governments at the international level and to participate in the work of international organizations. This is frequently the result of an absence of objective criteria and processes for appointment and promotion to relevant positions and official delegations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0039","docId":"a-52-38","idx":39,"n":39,"text":"The globalization of the contemporary world makes the inclusion of women and their participation in international organizations, on equal terms with men, increasingly important. The integration of a gender perspective and women’s human rights into the agenda of all international bodies is a government imperative. Many crucial decisions on global issues, such as peacemaking and conflict resolution, military expenditure and nuclear disarmament, development and the environment, foreign aid and economic restructuring, are taken with limited participation of women. This is in stark contrast to their participation in these areas at the non-governmental level.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0040","docId":"a-52-38","idx":40,"n":40,"text":"The inclusion of a critical mass of women in international negotiations, peacekeeping activities, all levels of preventive diplomacy, mediation, humanitarian assistance, social reconciliation, peace negotiations and the international criminal justice system will make a difference. In addressing armed or other conflicts, a gender perspective and analysis is necessary to understand their differing effects on women and men.[[fn:10]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"footnotes":[{"n":10,"text":"See paragraph 141 of the Platform for Action adopted by the Fourth World Conference on Women, held at Beijing from 4 to 15 September 1995 (A/CONF.177/20, chap. I, resolution 1, annex II). See also paragraph 134, which reads in part: “The equal access and full participation of women in power structures and their full involvement in all efforts for the prevention and resolution of conflicts are essential for the maintenance and promotion of peace and security.”"}],"section":["Comments"]},{"id":"a-52-38-0041","docId":"a-52-38","idx":41,"n":41,"text":"States parties should ensure that their constitutions and legislation comply with the principles of the Convention, and in particular with articles 7 and 8.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Articles 7 and 8"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0042","docId":"a-52-38","idx":42,"n":42,"text":"States parties are under an obligation to take all appropriate measures, including the enactment of appropriate legislation that complies with their Constitution, to ensure that organizations such as political parties and trade unions, which may not be subject directly to obligations under the Convention, do not discriminate against women and respect the principles contained in articles 7 and 8.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Articles 7 and 8"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0043","docId":"a-52-38","idx":43,"n":43,"text":"States parties should identify and implement temporary special measures to ensure the equal representation of women in all fields covered by articles 7 and 8.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Articles 7 and 8"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0044","docId":"a-52-38","idx":44,"n":44,"text":"States parties should explain the reason for, and effect of, any reservations to articles 7 or 8 and indicate where the reservations reflect traditional, customary or stereotyped attitudes towards women’s roles in society, as well as the steps being taken by the States parties to change those attitudes. States parties should keep the necessity for such reservations under close review and in their reports include a timetable for their removal.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Articles 7 and 8"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0045","docId":"a-52-38","idx":45,"n":45,"text":"Measures that should be identified, implemented and monitored for effectiveness include, under article 7, paragraph (a), those designed to: (a) Achieve a balance between women and men holding publicly elected positions; (b) Ensure that women understand their right to vote, the importance of this right and how to exercise it; (c) Ensure that barriers to equality are overcome, including those resulting from illiteracy, language, poverty and impediments to women’s freedom of movement; (d) Assist women experiencing such disadvantages to exercise their right to vote and to be elected.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 7"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0046","docId":"a-52-38","idx":46,"n":46,"text":"Under article 7, paragraph (b), such measures include those designed to ensure: (a) Equality of representation of women in the formulation of government policy; (b) Women’s enjoyment in practice of the equal right to hold public office; (c) Recruiting processes directed at women that are open and subject to appeal.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 7"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0047","docId":"a-52-38","idx":47,"n":47,"text":"Under article 7, paragraph (c), such measures include those designed to: (a) Ensure that effective legislation is enacted prohibiting discrimination against women; (b) Encourage non-governmental organizations and public and political associations to adopt strategies that encourage women’s representation and participation in their work.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 7"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0048","docId":"a-52-38","idx":48,"n":48,"text":"When reporting under article 7, States parties should: (a) Describe the legal provisions that give effect to the rights contained in article 7; (b) Provide details of any restrictions to those rights, whether arising from legal provisions or from traditional, religious or cultural practices; (c) Describe the measures introduced and designed to overcome barriers to the exercise of those rights; (d) Include statistical data, disaggregated by sex, showing the percentage of women relative to men who enjoy those rights; (e) Describe the types of policy formulation, including that associated with development programmes, in which women participate and the level and extent of their participation; (f) Under article 7, paragraph (c), describe the extent to which women participate in non-governmental organizations in their countries, including in women’s organizations; (g) Analyse the extent to which the State party ensures that those organizations are consulted and the impact of their advice on all levels of government policy formulation and implementation; (h) Provide information concerning, and analyse factors contributing to, the underrepresentation of women as members and officials of political parties, trade unions, employers’ organizations and professional associations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 7"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0049","docId":"a-52-38","idx":49,"n":49,"text":"Measures which should be identified, implemented and monitored for effectiveness include those designed to ensure a better gender balance in membership of all United Nations bodies, including the Main Committees of the General Assembly, the Economic and Social Council and expert bodies, including treaty bodies, and in appointments to independent working groups or as country or special rapporteurs.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 8"]},{"id":"a-52-38-0050","docId":"a-52-38","idx":50,"n":50,"text":"When reporting under article 8, States parties should: (a) Provide statistics, disaggregated by sex, showing the percentage of women in their foreign service or regularly engaged in international representation or in work on behalf of theState, including membership in government delegations to international conferences and nominations for peacekeeping or conflict resolution roles, and their seniority in the relevant sector; (b) Describe efforts to establish objective criteria and processes for appointment and promotion of women to relevant positions and official delegations; (c) Describe steps taken to disseminate widely information on the Government’s international commitments affecting women and official documents issued by multilateral forums, in particular, to both governmental and non-governmental bodies responsible for the advancement of women; (d) Provide information concerning discrimination against women because of their political activities, whether as individuals or as members of women’s or other organizations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 8"],"citedArticles":[{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0001","docId":"a-54-38-rev-1-chap-1","idx":1,"n":1,"text":"The Committee on the Elimination of Discrimination against Women, affirming that access to health care, including reproductive health, is a basic right under the Convention on the Elimination of All Forms of Discrimination against Women, decided at its twentieth session, pursuant to article 21, to elaborate a general recommendation on article 12 of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["General recommendation No. 24:  Article 12 of the Convention (women and health)"],"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0002","docId":"a-54-38-rev-1-chap-1","idx":2,"n":2,"text":"States parties’ compliance with article 12 of the Convention is central to the health and well-being of women. It requires States to eliminate discrimination against women in their access to health-care services throughout the life cycle, particularly in the areas of family planning, pregnancy and confinement and during the post-natal period. The examination of reports submitted by States parties pursuant to article 18 of the Convention demonstrates that women’s health is an issue that is recognized as a central concern in promoting the health and well-being of women. For the benefit of States parties and those who have a particular interest in and concern with the issues surrounding women’s health, the present general recommendation seeks to elaborate the Committee’s understanding of article 12 and to address measures to eliminate discrimination in order to realize the right of women to the highest attainable standard of health.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"18","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0003","docId":"a-54-38-rev-1-chap-1","idx":3,"n":3,"text":"Recent United Nations world conferences have also considered these objectives. In preparing this general recommendation, the Committee has taken into account relevant programmes of action adopted at United Nations world conferences and, in particular, those of the 1993 World Conference on Human Rights, the 1994 International Conference on Population and Development and the 1995 Fourth World Conference on Women. The Committee has also noted the work of the World Health Organization (WHO), the United Nations Population Fund (UNFPA) and other United Nations bodies. It has collaborated with a large number of non-governmental organizations with a special expertise in women’s health in preparing this general recommendation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"]},{"id":"a-54-38-rev-1-chap-1-0004","docId":"a-54-38-rev-1-chap-1","idx":4,"n":4,"text":"The Committee notes the emphasis that other United Nations instruments place on the right to health and to the conditions that enable good health to be achieved. Among such instruments are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Racial Discrimination.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"]},{"id":"a-54-38-rev-1-chap-1-0005","docId":"a-54-38-rev-1-chap-1","idx":5,"n":5,"text":"The Committee refers also to its earlier general recommendations on female circumcision, human immunodeficiency virus acquired immunodeficiency syndrome (HIV/AIDS), disabledwomen, violence against women and equality in family relations, all of which refer to issues that are integral to full compliance with article 12 of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0006","docId":"a-54-38-rev-1-chap-1","idx":6,"n":6,"text":"While biological differences between women and men may lead to differences in health status, there are societal factors that are determinative of the health status of women and men and can vary among women themselves. For that reason, special attention should be given to the health needs and rights of women belonging to vulnerable and disadvantaged groups, such as migrant women, refugee and internally displaced women, the girl child and older women, women in prostitution, indigenous women and women with physical or mental disabilities.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"]},{"id":"a-54-38-rev-1-chap-1-0007","docId":"a-54-38-rev-1-chap-1","idx":7,"n":7,"text":"The Committee notes that the full realization of women’s right to health can be achieved only when States parties fulfil their obligation to respect, protect and promote women’s fundamental human right to nutritional well-being throughout their lifespan by means of a food supply that is safe, nutritious and adapted to local conditions. To this end, States parties should take steps to facilitate physical and economic access to productive resources, especially for rural women, and to otherwise ensure that the special nutritional needs of all women within their jurisdiction are met.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"]},{"id":"a-54-38-rev-1-chap-1-0008","docId":"a-54-38-rev-1-chap-1","idx":8,"n":8,"text":"Article 12 reads as follows: “1. States parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health-care services, including those related to family planning. “2. Notwithstanding the provisions of paragraph 1 of this article, States parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.” States parties are encouraged to address the issue of women’s health throughout the woman’s lifespan. For the purposes of the present general recommendation, therefore, “women” includes girls and adolescents. The general recommendation will set out the Committee’s analysis of the key elements of article 12.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0009","docId":"a-54-38-rev-1-chap-1","idx":9,"n":9,"text":"States parties are in the best position to report on the most critical health issues affecting women in that country. Therefore, in order to enable the Committee to evaluate whether measures to eliminate discrimination against women in the field of health care are appropriate, States parties must report on their health legislation, plans and policies for women with reliable data disaggregated by sex on the incidence and severity of diseases and conditions hazardous to women’s health and nutrition and on the availability and cost-effectiveness of preventive and curative measures. Reports to the Committee must demonstrate that health legislation, plans and policies are based on scientific and ethical research and assessment of the health status and needs of women in that country and take into account any ethnic, regional or community variations or practices based on religion, tradition or culture.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0010","docId":"a-54-38-rev-1-chap-1","idx":10,"n":10,"text":"States parties are encouraged to include in their reports information on diseases, health conditions and conditions hazardous to health that affect women or certain groups of women differently from men, as well as information on possible intervention in this regard.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0011","docId":"a-54-38-rev-1-chap-1","idx":11,"n":11,"text":"Measures to eliminate discrimination against women are considered to be inappropriate if a health-care system lacks services to prevent, detect and treat illnesses specific to women. It is discriminatory for a State party to refuse to provide legally for the performance of certain reproductive health services for women. For instance, if health service providers refuse to perform such services based on conscientious objection, measures should be introduced to ensure that women are referred to alternative health providers.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0012","docId":"a-54-38-rev-1-chap-1","idx":12,"n":12,"text":"States parties should report on their understanding of how policies and measures on health care address the health rights of women from the perspective of women’s needs and interests and how it addresses distinctive features and factors that differ for women in comparison to men, such as: (a) Biological factors that differ for women in comparison with men, such as their menstrual cycle, their reproductive function and menopause. Another example is the higher risk of exposure to sexually transmitted diseases that women face; (b) Socio-economic factors that vary for women in general and some groups of women in particular. For example, unequal power relationships between women and men in the home and workplace may negatively affect women’s nutrition and health. They may also be exposed to different forms of violence which can affect their health. Girl children and adolescent girls are often vulnerable to sexual abuse by older men and family members, placing them at risk of physical and psychological harm and unwanted and early pregnancy. Some cultural or traditional practices such as female genital mutilation also carry a high risk of death and disability; (c) Psychosocial factors that vary between women and men include depression in general and post-partum depression in particular as well as other psychological conditions, such as those that lead to eating disorders such as anorexia and bulimia; (d) While lack of respect for the confidentiality of patients will affect both men and women, it may deter women from seeking advice and treatment and thereby adversely affect their health and well-being. Women will be less willing, for that reason, to seek medical care for diseases of the genital tract, for contraception or for incomplete abortion and in cases where they have suffered sexual or physical violence.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0013","docId":"a-54-38-rev-1-chap-1","idx":13,"n":13,"text":"The duty of States parties to ensure, on a basis of equality of men and women, access to health-care services, information and education implies an obligation to respect, protect and fulfil women’s rights to health care. States parties have the responsibility to ensure that legislation and executive action and policy comply with these three obligations. They must also put in place a system that ensures effective judicial action. Failure to do so will constitute a violation of article 12.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0014","docId":"a-54-38-rev-1-chap-1","idx":14,"n":14,"text":"The obligation to respect rights requires States parties to refrain from obstructing action taken by women in pursuit of their health goals. States parties should report on how public and private health-care providers meet their duties to respect women’s rights to have access to health care. For example, States parties should not restrict women’s access to health services or to the clinics that provide those services on the ground that women do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried* or because they are women. Other barriers to women’s access to appropriate health care include laws that criminalize medical procedures only needed by women punish women who undergo those procedures.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0015","docId":"a-54-38-rev-1-chap-1","idx":15,"n":15,"text":"The obligation to protect rights relating to women’s health requires States parties, their agents and officials to take action to prevent and impose sanctions for violations of rights by private persons and organizations. Since gender-based violence is a critical health issue for women, States parties should ensure: (a) The enactment and effective enforcement of laws and the formulation of policies, including health-care protocols and hospital procedures to address violence against women and sexual abuse of girl children and the provision of appropriate health services; (b) Gender-sensitive training to enable health-care workers to detect and manage the health consequences of gender-based violence; (c) Fair and protective procedures for hearing complaints and imposing appropriate sanctions on health-care professionals guilty of sexual abuse of women patients; (d) The enactment and effective enforcement of laws that prohibit female genital mutilation and marriage of girl children.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0016","docId":"a-54-38-rev-1-chap-1","idx":16,"n":16,"text":"States parties should ensure that adequate protection and health services, including trauma treatment and counselling, are provided for women in especially difficult circumstances, such as those trapped in situations of armed conflict and women refugees.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0017","docId":"a-54-38-rev-1-chap-1","idx":17,"n":17,"text":"The duty to fulfil rights places an obligation on States parties to take appropriate legislative, judicial, administrative, budgetary, economic and other measures to the maximum extent of their available resources to ensure that women realize their rights to health care. Studies such as those that emphasize the high maternal mortality and morbidity rates worldwide and the large numbers of couples who would like to limit their family size but lack access to or do not use any form of contraception provide an important indication for States parties of possible breaches of their duties to ensure women’s access to health care. The Committee asks States parties to report on what they have done to address the magnitude of women’s ill-health, in particular when it arises from preventable conditions, such as tuberculosis and HIV/AIDS. The Committee is concerned about the evidence that States are relinquishing these obligations as they transfer State health functions to private agencies. States and parties cannot absolve themselves of responsibility in these areas by delegating or transferring these powers to private sector agencies. States parties should therefore report on what they have done to organize governmental processes and all structures through which public power is exercised to promote and protect women’s health. They should include information on positive measures taken to curb violations of women’s rights by third parties and to protect their health and the measures they have taken to ensure the provision of such services.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0018","docId":"a-54-38-rev-1-chap-1","idx":18,"n":18,"text":"The issues of HIV/AIDS and other sexually transmitted diseases are central to the rights of women and adolescent girls to sexual health. Adolescent girls and women in many countries lack adequate access to information and services necessary to ensure sexual health. As aconsequence of unequal power relations based on gender, women and adolescent girls are often unable to refuse sex or insist on safe and responsible sex practices. Harmful traditional practices, such as female genital mutilation, polygamy, as well as marital rape, may also expose girls and women to the risk of contracting HIV/AIDS and other sexually transmitted diseases. Women in prostitution are also particularly vulnerable to these diseases. States parties should ensure, without prejudice or discrimination, the right to sexual health information, education and services for all women and girls, including those who have been trafficked, even if they are not legally resident in the country. In particular, States parties should ensure the rights of female and male adolescents to sexual and reproductive health education by properly trained personnel in specially designed programmes that respect their right to privacy and confidentiality.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0019","docId":"a-54-38-rev-1-chap-1","idx":19,"n":19,"text":"In their reports, States parties should identify the test by which they assess whether women have access to health care on a basis of equality of men and women in order to demonstrate compliance with article 12. In applying these tests, States parties should bear in mind the provisions of article 1 of the Convention. Reports should therefore include comments on the impact that health policies, procedures, laws and protocols have on women when compared with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0020","docId":"a-54-38-rev-1-chap-1","idx":20,"n":20,"text":"Women have the right to be fully informed, by properly trained personnel, of their options in agreeing to treatment or research, including likely benefits and potential adverse effects of proposed procedures and available alternatives.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0021","docId":"a-54-38-rev-1-chap-1","idx":21,"n":21,"text":"States parties should report on measures taken to eliminate barriers that women face in access to health-care services and what measures they have taken to ensure women timely and affordable access to such services. Barriers include requirements or conditions that prejudice women’s access, such as high fees for health-care services, the requirement for preliminary authorization by spouse, parent or hospital authorities, distance from health facilities and the absence of convenient and affordable public transport.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0022","docId":"a-54-38-rev-1-chap-1","idx":22,"n":22,"text":"States parties should also report on measures taken to ensure access to quality health-care services, for example, by making them acceptable to women. Acceptable services are those that are delivered in a way that ensures that a woman gives her fully informed consent, respects her dignity, guarantees her confidentiality and is sensitive to her needs and perspectives. States parties should not permit forms of coercion, such as non-consensual sterilization, mandatory testing for sexually transmitted diseases or mandatory pregnancy testing as a condition of employment that violate women’s rights to informed consent and dignity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0023","docId":"a-54-38-rev-1-chap-1","idx":23,"n":23,"text":"In their reports, States parties should state what measures they have taken to ensure timely access to the range of services that are related to family planning, in particular, and to sexual and reproductive health in general. Particular attention should be paid to the health education of adolescents, including information and counselling on all methods of family planning.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0024","docId":"a-54-38-rev-1-chap-1","idx":24,"n":24,"text":"The Committee is concerned about the conditions of health-care services for older women, not only because women often live longer than men and are more likely than men to suffer from disabling and degenerative chronic diseases, such as osteoporosis and dementia, but because they often have the responsibility for their ageing spouses. Therefore, States parties should take appropriate measures to ensure the access of older women to health services that address the handicaps and disabilities associated with ageing.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0025","docId":"a-54-38-rev-1-chap-1","idx":25,"n":25,"text":"Women with disabilities, of all ages, often have difficulty with physical access to health services. Women with mental disabilities are particularly vulnerable, while there is limited understanding, in general, of the broad range of risks to mental health to which women are disproportionately susceptible as a result of gender discrimination, violence, poverty, armed conflict, dislocation and other forms of social deprivation. States parties should take appropriate measures to ensure that health services are sensitive to the needs of women with disabilities and are respectful of their human rights and dignity.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0026","docId":"a-54-38-rev-1-chap-1","idx":26,"n":26,"text":"Reports should also include what measures States parties have taken to ensure women appropriate services in connection with pregnancy, confinement and the post-natal period. Information on the rates at which these measures have reduced maternal mortality and morbidity in their countries, in general, and in vulnerable groups, regions and communities, in particular, should also be included.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (2)"]},{"id":"a-54-38-rev-1-chap-1-0027","docId":"a-54-38-rev-1-chap-1","idx":27,"n":27,"text":"States parties should include in their reports how they supply free services where necessary to ensure safe pregnancies, childbirth and post-partum periods for women. Many women are at risk of death or disability from pregnancy-related causes because they lack the funds to obtain or access the necessary services, which include antenatal, maternity and post-natal services. The Committee notes that it is the duty of States parties to ensure women’s right to safe motherhood and emergency obstetric services and they should allocate to these services the maximum extent of available resources.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (2)"]},{"id":"a-54-38-rev-1-chap-1-0028","docId":"a-54-38-rev-1-chap-1","idx":28,"n":28,"text":"When reporting on measures taken to comply with article 12, States parties are urged to recognize its interconnection with other articles in the Convention that have a bearing on women’s health. Those articles include article 5 (b), which requires States parties to ensure that family education includes a proper understanding of maternity as a social function; article 10, which requires States parties to ensure equal access to education, thus enabling women to access health care more readily and reducing female student drop-out rates, which are often a result of premature pregnancy; article 10 (h), which requires that States parties provide to women and girls access to specific educational information to help ensure the health and well-being of families, including information and advice on family planning; article 11, which is concerned, in part, with the protection of women’s health and safety in working conditions, including the safeguarding of the reproductive function, special protection from harmful types of work during pregnancy and with the provision of paid maternity leave; article 14, paragraph 2 (b), which requires States parties to ensure access for rural women to adequate health-care facilities, including information, counselling and services in family planning, and (h), which obliges States parties to take all appropriate measures to ensure adequate living conditions, particularly housing, sanitation, electricity and water supply, transport and communications, all of which are critical for the prevention of disease and the promotion of good health care; and article 16, paragraph 1 (e), which requires States parties to ensure that women have the same rights as men to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise those rights. Article 16, paragraph 2, proscribes the betrothal and marriage of children, an important factor in preventing the physical and emotional harm which arise from early childbirth.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Other relevant articles in the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0029","docId":"a-54-38-rev-1-chap-1","idx":29,"n":29,"text":"States parties should implement a comprehensive national strategy to promote women’s health throughout their lifespan. This will include interventions aimed at both the prevention and treatment of diseases and conditions affecting women, as well as responding to violence against women, and will ensure universal access for all women to a full range of high-quality and affordable health care, including sexual and reproductive health services.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Recommendations for government action"]},{"id":"a-54-38-rev-1-chap-1-0030","docId":"a-54-38-rev-1-chap-1","idx":30,"n":30,"text":"States parties should allocate adequate budgetary, human and administrative resources to ensure that women’s health receives a share of the overall health budget comparable with that for men’s health, taking into account their different health needs.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Recommendations for government action"]},{"id":"a-54-38-rev-1-chap-1-0031","docId":"a-54-38-rev-1-chap-1","idx":31,"n":31,"text":"States parties should also, in particular: (a) Place a gender perspective at the centre of all policies and programmes affecting women’s health and should involve women in the planning, implementation and monitoring of such policies and programmes and in the provision of health services to women; (b) Ensure the removal of all barriers to women’s access to health services, education and information, including in the area of sexual and reproductive health, and, in particular, allocate resources for programmes directed at adolescents for the prevention and treatment of sexually transmitted diseases, including HIV/AIDS; (c) Prioritize the prevention of unwanted pregnancy through family planning and sex education and reduce maternal mortality rates through safe motherhood services and prenatal assistance. When possible, legislation criminalizing abortion should be amended, in order to withdraw punitive measures imposed on women who undergo abortion; (d) Monitor the provision of health services to women by public, non-governmental and private organizations, to ensure equal access and quality of care; (e) Require all health services to be consistent with the human rights of women, including the rights to autonomy, privacy, confidentiality, informed consent and choice; (f) Ensure that the training curricula of health workers include comprehensive, mandatory, gender-sensitive courses on women’s. health and human rights, in particular gender-based violence.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Recommendations for government action"]},{"id":"a-59-38-0001","docId":"a-59-38","idx":1,"n":1,"text":"The Committee on the Elimination of Discrimination against Women decided at its twentieth session (1999), pursuant to article 21 of the Convention, to elaborate a general recommendation on article 4, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women. This new general recommendation would build, inter alia, on earlier general recommendations, including general recommendation No. 5 (seventh session, 1988), on temporary special measures, No. 8 (seventh session, 1988), on implementation of article 8 of the Convention, and No. 23 (sixteenth session, 1997), on women in public life, as well as on reports of States parties to the Convention and on the Committee’s concluding comments to those reports.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["I.  INTRODUCTION"],"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-59-38-0002","docId":"a-59-38","idx":2,"n":2,"text":"With the present general recommendation, the Committee aims to clarify the nature and meaning of article 4, paragraph 1, in order to facilitate and ensure its full utilization by States parties in the implementation of the Convention. The Committee encourages States parties to translate this general recommendation into national and local languages and to disseminate it widely to the legislative, executive and judicial branches of government, including their administrative structures, as well as civil society, including the media, academia, and human rights and women’s associations and institutions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["I.  INTRODUCTION"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0003","docId":"a-59-38","idx":3,"n":3,"text":"The Convention is a dynamic instrument. Since the adoption of the Convention in 1979, the Committee, as well as other actors at the national and international levels, have contributed through progressive thinking to the clarification and understanding of the substantive content of the Convention’s articles and the specific nature of discrimination against women and the instruments for combating such discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0004","docId":"a-59-38","idx":4,"n":4,"text":"The scope and meaning of article 4, paragraph 1, must be determined in the context of the overall object and purpose of the Convention, which is to eliminate all forms of discrimination against women with a view to achieving women’s de jure and de facto equality with men in the enjoyment of their human rights and fundamental freedoms. States parties to the Convention are under a legal obligation to respect, protect, promote and fulfil this right to non-discrimination for women and to ensure the development and advancement of women in order to improve their position to one of de jure as well as de facto equality with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0005","docId":"a-59-38","idx":5,"n":5,"text":"The Convention goes beyond the concept of discrimination used in many national and international legal standards and norms. While such standards and norms prohibit discrimination on the grounds of sex and protect both men and women from treatment based on arbitrary, unfair and/or unjustifiable distinctions, the Convention focuses on discrimination against women, emphasizing that women have suffered, and continue to suffer from various forms of discrimination because they are women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0006","docId":"a-59-38","idx":6,"n":6,"text":"A joint reading of articles 1 to 5 and 24, which form the general interpretative framework for all of the Convention’s substantive articles, indicates that three obligations are central to States parties’ efforts to eliminate discrimination against women. These obligations should be implemented in an integrated fashion and extend beyond a purely formal legal obligation of equaltreatment of women with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"a-59-38-0007","docId":"a-59-38","idx":7,"n":7,"text":"Firstly, States parties’ obligation is to ensure that there is no direct or indirect[[fn:1]] discrimination against women in their laws and that women are protected against discrimination - committed by public authorities, the judiciary, organizations, enterprises or private individuals - in the public as well as the private spheres by competent tribunals as well as sanctions and other remedies. Secondly, States parties’ obligation is to improve the de facto position of women through concrete and effective policies and programmes. Thirdly, States parties’ obligation is to address prevailing gender relations[[fn:2]] and the persistence of gender-based stereotypes that affect women not only through individual acts by individuals but also in law, and legal and societal structures and institutions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"footnotes":[{"n":1,"text":"Indirect discrimination against women may occur when laws, policies and programmes are based on seemingly gender-neutral criteria which in their actual effect have a detrimental impact on women. Gender-neutral laws, policies and programmes unintentionally may perpetuate the consequences of past discrimination. They may be inadvertently modelled on male lifestyles and thus fail to take into account aspects of women’s life experiences which may differ from those of men. These differences may exist because of stereotypical expectations, attitudes and behaviour directed towards women which are based on the biological differences between women and men. They may also exist because of the generally existing subordination of women by men."},{"n":2,"text":"“Gender is defined as the social meanings given to biological sex differences. It is an ideological and cultural construct, but is also reproduced within the realm of material practices; in turn it influences the outcomes of such practices. It affects the distribution of resources, wealth, work, decision-making and political power, and enjoyment of rights and entitlements within the family as well as public life. Despite variations across cultures and over time, gender relations throughout the world entail asymmetry of power between men and women as a pervasive trait. Thus, gender is a social stratifier, and in this sense it is similar to other stratifiers such as race, class, ethnicity, sexuality, and age. It helps us understand the social construction of gender identities and the unequal structure of power that underlies the relationship between the sexes.” 1999 World Survey on the Role of Women in Development, United Nations, New York, 1999, page ix."}],"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0008","docId":"a-59-38","idx":8,"n":8,"text":"In the Committee’s view, a purely formal legal or programmatic approach is not sufficient to achieve women’s de facto equality with men, which the Committee interprets as substantive equality. In addition, the Convention requires that women be given an equal start and that they be empowered by an enabling environment to achieve equality of results. It is not enough to guarantee women treatment that is identical to that of men. Rather, biological as well as socially and culturally constructed differences between women and men must be taken into account. Under certain circumstances, non-identical treatment of women and men will be required in order to address such differences. Pursuit of the goal of substantive equality also calls for an effective strategy aimed at overcoming underrepresentation of women and a redistribution of resources and power between men and women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0009","docId":"a-59-38","idx":9,"n":9,"text":"Equality of results is the logical corollary of de facto or substantive equality. These results may be quantitative and/or qualitative in nature; that is, women enjoying their rights in various fields in fairly equal numbers with men, enjoying the same income levels, equality in decision-making and political influence, and women enjoying freedom from violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0010","docId":"a-59-38","idx":10,"n":10,"text":"The position of women will not be improved as long as the underlying causes of discrimination against women, and of their inequality, are not effectively addressed. The lives of women and men must be considered in a contextual way, and measures adopted towards a real transformation of opportunities, institutions and systems so that they are no longer grounded in historically determined male paradigms of power and life patterns.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0011","docId":"a-59-38","idx":11,"n":11,"text":"Women’s biologically determined permanent needs and experiences should be distinguished from other needs that may be the result of past and present discrimination against women by individual actors, the dominant gender ideology, or by manifestations of such discrimination in social and cultural structures and institutions. As steps are being taken to eliminate discrimination against women, women’s needs may change or disappear, or become the needs of both women and men. Thus, continuous monitoring of laws, programmes and practices directed at the achievement of women’s de facto or substantive equality is needed so as to avoid a perpetuation of non-identical treatment that may no longer be warranted.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0012","docId":"a-59-38","idx":12,"n":12,"text":"Certain groups of women, in addition to suffering from discrimination directed against them as women, may also suffer from multiple forms of discrimination based on additional grounds suchas race, ethnic or religious identity, disability, age, class, caste or other factors. Such discrimination may affect these groups of women primarily, or to a different degree or in different ways than men. States parties may need to take specific temporary special measures to eliminate such multiple forms of discrimination against women and its compounded negative impact on them.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0013","docId":"a-59-38","idx":13,"n":13,"text":"In addition to the Convention on the Elimination of All Forms of Discrimination against Women, other international human rights instruments and policy documents adopted in the United Nations system contain provisions on temporary special measures to support the achievement of equality. Such measures are described in different terminology,[[fn:3]] and the meaning and interpretation given to such measures also differs. It is the Committee’s hope that the present general recommendation on article 4, paragraph 1, will contribute to a clarification of terminology.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"footnotes":[{"n":3,"text":"See, for example, the International Convention on the Elimination of All Forms of Racial Discrimination, which mandates temporary special measures. The practice of treaty monitoring bodies, including the Committee on the Elimination of Racial Discrimination, the Committee on Economic, Social and Cultural Rights, and the Human Rights Committee, shows that these bodies consider the application of temporary special measures as mandatory to achieve the purposes of the respective treaties. Conventions adopted under the auspices of the International Labour Organization, and various documents of the United Nations Educational, Scientific and Cultural Organization also explicitly or implicitly provide for such measures. The Sub-Commission on the Promotion and Protection of Human Rights considered this question and appointed a Special Rapporteur to prepare reports for its consideration and action. The Commission on the Status of Women reviewed the use of temporary special measures in 1992. The outcome documents adopted by United Nations world conferences on women, including the Platform for Action of the 1995 Fourth World Conference on Women and its follow-up review of 2000, contain references to positive action as a tool for achieving de facto equality. The use of temporary special measures by the Secretary-General of the United Nations is a practical example in the area of women’s employment, including through administrative instructions on the recruitment, promotion and placement of women in the Secretariat. These measures aim at achieving the goal of 50/50 gender distribution at all levels, but at the higher echelons in particular."}],"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0014","docId":"a-59-38","idx":14,"n":14,"text":"The Convention targets discriminatory dimensions of past and current societal and cultural contexts which impede women’s enjoyment of their human rights and fundamental freedoms. It aims at the elimination of all forms of discrimination against women, including the elimination of the causes and consequences of their de facto or substantive inequality. Therefore, the application of temporary special measures in accordance with the Convention is one of the means to realize de facto or substantive equality for women, rather than an exception to the norms of non-discrimination and equality.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0015","docId":"a-59-38","idx":15,"n":15,"text":"There is a clear difference between the purpose of the “special measures” under article 4, paragraph 1, and those of paragraph 2. The purpose of article 4, paragraph 1, is to accelerate the improvement of the position of women to achieve their de facto or substantive equality with men, and to effect the structural, social and cultural changes necessary to correct past and current forms and effects of discrimination against women, as well as to provide them with compensation. These measures are of a temporary nature.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","A.  Relationship between paragraphs 1 and 2 of article 4"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0016","docId":"a-59-38","idx":16,"n":16,"text":"Article 4, paragraph 2, provides for non-identical treatment of women and men due to their biological differences. These measures are of a permanent nature, at least until such time as the scientific and technological knowledge referred to in article 11, paragraph 3, would warrant a review.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","A.  Relationship between paragraphs 1 and 2 of article 4"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"}]},{"id":"a-59-38-0017","docId":"a-59-38","idx":17,"n":17,"text":"The travaux préparatoires of the Convention use different terms to describe the “temporary special measures” included in article 4, paragraph 1. The Committee itself, in its previous general recommendations, used various terms. States parties often equate “special measures” in its corrective, compensatory and promotional sense with the terms “affirmative action”, “positive action”, “positive measures”, “reverse discrimination”, and “positive discrimination”. These terms emerge from the discussions and varied practices found in different national contexts.[[fn:4]] In the present general recommendation, and in accordance with its practice in the consideration of reports of States parties, the Committee uses solely the term “temporary special measures”, as called for in article 4, paragraph 1.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"footnotes":[{"n":4,"text":"The term “affirmative action” is used in the United States of America and in a number of United Nations documents, whereas the term “positive action” is currently widely used in Europe as well as in many United Nations documents. However, the term “positive action” is used in yet another sense in international human rights law to describe “positive State action” (the obligation of a State to initiate action versus a State’s obligation to abstain from action). Hence, the term “positive action” is ambiguous inasmuch as its meaning is not confined to temporary special measures as understood in article 4, paragraph 1, of the Convention. The terms “reverse discrimination” or “positive discrimination” are criticized by a number of commentators as inappropriate. V. GENERAL COMMENTS ADOPTED BY THE COMMITTEE AGAINST TORTURE 1. The Committee against Torture at its sixteenth session decided, on 10 May 1996, to set up a working group to examine questions relating to articles 3 and 22 of the Convention. The Committee had noticed that most of the individual communications received under article 22 of the Convention in recent years had concerned cases of persons under an order of expulsion, return or extradition who alleged that they would have been in danger of being subjected to torture if they were expelled, returned or extradited. The Committee felt that some guidance should be given to the States parties and to the authors of communications to enable them to apply correctly the provisions of article 3 in the context of the procedure set forth in article 22 of the Convention. On 21 November 1997, the Committee adopted the general comment on the implementation of article 3 in the context of article 22 of the Convention (A/53/44, para. 258). Sixteenth session (1996)* General comment No. 1: Implementation of article 3 of the Convention in the context of article 22 (Refoulement and communications) In view of the requirements of article 22, paragraph 4, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that the Committee against Torture “shall consider communications received under article 22 in the light of all information made available to it by or on behalf of the individual and by the State party concerned”, In view of the need arising as a consequence of the application of rule 111, paragraph 3, of the rules of procedure of the Committee (CAT/C/3/Rev.2), and In view of the need for guidelines for the implementation of article 3 under the procedure foreseen in article 22 of the Convention, The Committee against Torture, at its nineteenth session, 317th meeting, held on 21 November 1997, adopted the following general comment for the guidance of States parties and authors of communications: 1. Article 3 is confined in its application to cases where there are substantial grounds for believing that the author would be in danger of being subjected to torture as defined in article 1 of the Convention. 2. The Committee is of the view that the phrase “another State” in article 3 refers to the State to which the individual concerned is being expelled, returned or extradited, as well as to any State to which the author may subsequently be expelled, returned or extradited. * Contained in document A/53/44, annex IX."}],"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","B.  Terminology"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0018","docId":"a-59-38","idx":18,"n":18,"text":"Measures taken under article 4, paragraph 1, by States parties should aim to accelerate the equal participation of women in the political, economic, social, cultural, civil or any other field. The Committee views the application of these measures not as an exception to the norm of non-discrimination, but rather as an emphasis that temporary special measures are part of a necessary strategy by States parties directed towards the achievement of de facto or substantive equality of women with men in the enjoyment of their human rights and fundamental freedoms. While the application of temporary special measures often remedies the effects of past discrimination against women, the obligation of States parties under the Convention to improve the position of women to one of de facto or substantive equality with men exists irrespective of any proof of past discrimination. The Committee considers that States parties that adopt and implement such measures under the Convention do not discriminate against men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0019","docId":"a-59-38","idx":19,"n":19,"text":"States parties should clearly distinguish between temporary special measures taken under article 4, paragraph 1, to accelerate the achievement of a concrete goal for women of de facto or substantive equality, and other general social policies adopted to improve the situation of women and the girl child. Not all measures that potentially are, or will be, favourable to women are temporary special measures. The provision of general conditions in order to guarantee the civil, political, economic, social and cultural rights of women and the girl child, designed to ensure for them a life of dignity and non-discrimination, cannot be called temporary special measures.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0020","docId":"a-59-38","idx":20,"n":20,"text":"Article 4, paragraph 1, explicitly states the “temporary” nature of such special measures. Such measures should therefore not be deemed necessary forever, even though the meaning of “temporary” may, in fact, result in the application of such measures for a long period of time. The duration of a temporary special measure should be determined by its functional result in response to a concrete problem and not by a predetermined passage of time. Temporary special measures must be discontinued when their desired results have been achieved and sustained for a period of time.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0021","docId":"a-59-38","idx":21,"n":21,"text":"The term “special”, though being in conformity with human rights discourse, also needs to be carefully explained. Its use sometimes casts women and other groups who are subject to discrimination as weak, vulnerable and in need of extra or “special” measures in order to participate or compete in society. However, the real meaning of “special” in the formulation of article 4, paragraph 1, is that the measures are designed to serve a specific goal.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0022","docId":"a-59-38","idx":22,"n":22,"text":"The term “measures” encompasses a wide variety of legislative, executive, administrative and other regulatory instruments, policies and practices, such as outreach or support programmes; allocation and/or reallocation of resources; preferential treatment; targeted recruitment, hiring andpromotion; numerical goals connected with time frames; and quota systems. The choice of a particular “measure” will depend on the context in which article 4, paragraph 1, is applied and on the specific goal it aims to achieve.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0023","docId":"a-59-38","idx":23,"n":23,"text":"The adoption and implementation of temporary special measures may lead to a discussion of qualifications and merit of the group or individuals so targeted, and an argument against preferences for allegedly lesser-qualified women over men in areas such as politics, education and employment. As temporary special measures aim at accelerating achievement of de facto or substantive equality, questions of qualification and merit, in particular in the area of employment in the public and private sectors, need to be reviewed carefully for gender bias as they are normatively and culturally determined. For appointment, selection or election to public and political office, factors other than qualification and merit, including the application of the principles of democratic fairness and electoral choice, may also have to play a role.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"]},{"id":"a-59-38-0024","docId":"a-59-38","idx":24,"n":24,"text":"Article 4, paragraph 1, read in conjunction with articles 1, 2, 3, 5 and 24, needs to be applied in relation to articles 6 to 16 which stipulate that States parties “shall take all appropriate measures”. Consequently, the Committee considers that States parties are obliged to adopt and implement temporary special measures in relation to any of these articles if such measures can be shown to be necessary and appropriate in order to accelerate the achievement of the overall, or a specific goal of, women’s de facto or substantive equality.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"24","source":"regex"},{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"a-59-38-0025","docId":"a-59-38","idx":25,"n":25,"text":"Reports of States parties should include information on the adoption, or lack thereof, of temporary special measures in accordance with article 4, paragraph 1, of the Convention, and States parties should preferably adhere to the terminology “temporary special measures”, to avoid confusion.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0026","docId":"a-59-38","idx":26,"n":26,"text":"States parties should clearly distinguish between temporary special measures aimed at accelerating the achievement of a concrete goal of women’s de facto or substantive equality, and other general social policies adopted and implemented in order to improve the situation of women and the girl child. States parties should bear in mind that not all measures which potentially are or would be favourable to women qualify as temporary special measures.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0027","docId":"a-59-38","idx":27,"n":27,"text":"States parties should analyse the context of women’s situation in all spheres of life, as well as in the specific, targeted area, when applying temporary special measures to accelerate achievement of women’s de facto or substantive equality. They should evaluate the potential impact of temporary special measures with regard to a particular goal within their national context and adopt those temporary special measures which they consider to be the most appropriate in order to accelerate the achievement of de facto or substantive equality for women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0028","docId":"a-59-38","idx":28,"n":28,"text":"States parties should explain the reasons for choosing one type of measure over another. The justification for applying such measures should include a description of the actual life situation of women, including the conditions and influences which shape their lives and opportunities - or that of a specific group of women, suffering from multiple forms of discrimination - and whose position the State party intends to improve in an accelerated manner with the application of such temporary special measures. At the same time, the relationship between such measures and general measures and efforts to improve the position of women should be clarified.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0029","docId":"a-59-38","idx":29,"n":29,"text":"States parties should provide adequate explanations with regard to any failure to adopt temporary special measures. Such failures may not be justified simply by averring powerlessness, or by explaining inaction through predominant market or political forces, such as those inherent in the private sector, private organizations, or political parties. States parties are reminded that article 2 of the Convention, which needs to be read in conjunction with all other articles, imposes accountability on the State party for action by these actors.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"a-59-38-0030","docId":"a-59-38","idx":30,"n":30,"text":"States parties may report on temporary special measures under several articles. Under article 2, States parties are invited to report on the legal or other basis for such measures, and their justification for choosing a particular approach. States parties are further invited to give details about any legislation concerning temporary special measures, and in particular whether such legislation provides for the mandatory or voluntary nature of temporary special measures.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"a-59-38-0031","docId":"a-59-38","idx":31,"n":31,"text":"States parties should include, in their constitutions or in their national legislation, provisions that allow for the adoption of temporary special measures. The Committee reminds States parties that legislation, such as comprehensive anti-discrimination acts, equal opportunities acts or executive orders on women’s equality, can give guidance on the type of temporary special measures that should be applied to achieve a stated goal, or goals, in given areas. Such guidance can also be contained in specific legislation on employment or education. Relevant legislation on non-discrimination and temporary special measures should cover governmental actors as well as private organizations or enterprises.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0032","docId":"a-59-38","idx":32,"n":32,"text":"The Committee draws the attention of States parties to the fact that temporary special measures may also be based on decrees, policy directives and/or administrative guidelines formulated and adopted by national, regional or local executive branches of government to cover the public employment and education sectors. Such temporary special measures may include the civil service, the political sphere and the private education and employment sectors. The Committee further draws the attention of States parties to the fact that such measures may also be negotiated between social partners of the public or private employment sector or be applied on a voluntary basis by public or private enterprises, organizations, institutions and political parties.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0033","docId":"a-59-38","idx":33,"n":33,"text":"The Committee reiterates that action plans for temporary special measures need to be designed, applied and evaluated within the specific national context and against the background of the specific nature of the problem which they are intended to overcome. The Committee recommends that States parties provide in their reports details of any action plans which may be directed at creating access for women and overcoming their underrepresentation in certain fields, at redistributing resources and power in particular areas, and/or at initiating institutional change to overcome past or present discrimination and accelerate the achievement of de facto equality. Reports should also explain whether such action plans include considerations of unintended potential adverse side-effects of such measures as well as on possible action to protect women against them. States parties should also describe in their reports the results of temporary special measures and assess the causes of the possible failure of such measures.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0034","docId":"a-59-38","idx":34,"n":34,"text":"Under article 3, States parties are invited to report on the institution(s) responsible for designing, implementing, monitoring, evaluating and enforcing such temporary special measures. Such responsibility may be vested in existing or planned national institutions, such as women’s ministries, women’s departments within ministries or presidential offices, ombudspersons, tribunals or other entities of a public or private nature with the requisite mandate to design specific programmes, monitor their implementation, and evaluate their impact and outcomes. The Committee recommends that States parties ensure that women in general, and affected groups of women in particular, have a role in the design, implementation and evaluation of such programmes. Collaboration and consultation with civil society and non-governmental organizations representing various groups of women is especially recommended.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"],"citedArticles":[{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"a-59-38-0035","docId":"a-59-38","idx":35,"n":35,"text":"The Committee draws attention to and reiterates its general recommendation 9, on statistical data concerning the situation of women, and recommends that States parties provide statistical data disaggregated by sex in order to measure the achievement of progress towards women’s de facto or substantive equality and the effectiveness of temporary special measures.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0036","docId":"a-59-38","idx":36,"n":36,"text":"States parties should report on the type of temporary special measures taken in specific fields under the relevant article(s) of the Convention. Reporting under the respective article(s) should include references to concrete goals and targets, timetables, the reasons for choosing particular measures, steps to enable women to access such measures, and the institution accountable for monitoring implementation and progress. States parties are also asked to describe how many women are affected by a measure, how many would gain access and participate in a certain field because of a temporary special measure, or the amount of resources and power it aims to redistribute to how many women, and within what time frame.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0037","docId":"a-59-38","idx":37,"n":37,"text":"The Committee reiterates its general recommendations 5, 8 and 23, wherein it recommended the application of temporary special measures in the fields of education, the economy, politics and employment, in the area of women representing their Governments at the international level and participating in the work of international organizations, and in the area of political and public life. States parties should intensify, within their national contexts, such efforts especially with regard to all facets of education at all levels as well as all facets and levels of training, employment and representation in public and political life. The Committee recalls that in all instances, but particularly in the area of health, States parties should carefully distinguish in each field between measures of an ongoing and permanent nature and those of a temporary nature.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0038","docId":"a-59-38","idx":38,"n":38,"text":"States parties are reminded that temporary special measures should be adopted to accelerate the modification and elimination of cultural practices and stereotypical attitudes and behaviour that discriminate against or are disadvantageous for women. Temporary special measures should also be implemented in the areas of credit and loans, sports, culture and recreation, and legal awareness. Where necessary, such measures should be directed at women subjected to multiple discrimination, including rural women.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0039","docId":"a-59-38","idx":39,"n":39,"text":"Although the application of temporary special measures may not be possible under all the articles of the Convention, the Committee recommends that their adoption be considered whenever issues of accelerating access to equal participation, on the one hand, and accelerating the redistribution of power and resources, on the other hand, are involved as well as where it can be shown that these measures will be necessary and most appropriate under the circumstances.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"cedaw-2009-wp-1-r-0001","docId":"cedaw-2009-wp-1-r","idx":1,"n":1,"text":"The Committee on the Elimination of Discrimination against Women (the Committee), affirming that migrant women, like all women, should not be discriminated against in any sphere of their life, decided at its thirty-second session (January 2005), pursuant to article 21 of the Convention on the Elimination of All Forms of Discrimination against Women (the Convention), to issue a general recommendation on some categories of women migrant workers who may be at risk of abuse and discrimination.2","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0002","docId":"cedaw-2009-wp-1-r","idx":2,"n":2,"text":"This general recommendation intends to contribute to the fulfilment of the obligations of States parties to respect, protect and fulfil the human rights of women migrant workers, alongside the legal obligations contained in other treaties, the commitments made under the plans of action of world conferences and the important work of migration-focused treaty bodies, especially the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families.3 While the Committee notes that the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families protects individuals, including migrant women, on the basis of their migration status, the Convention on the Elimination of All Forms of Discrimination against Women protects all women, including migrant women, against sex- and gender-based discrimination. While migration presents new opportunities for women and may be a means for their economic empowerment through wider participation, it may also place their human rights and security at risk. Hence, this general recommendation aims to elaborate the circumstances that contribute to the specific vulnerability of 1 The Committee acknowledges the contribution of the Committee on the Protection of the Rights of All Migrant workers and Members of their Families during the preparation of this general recommendation. 2 The Committee on the Elimination of Discrimination against Women acknowledges and seeks to build on the important work on the rights of migrants completed by the other human right treaty bodies, the Special Rapporteur on the Human Rights of Migrants, the United Nations Development Fund for Women, the Division for the Advancement of Women, the Commission on the Status of Women, the General Assembly, and the Sub-Commission on the Promotion and Protection of Human Rights. The Committee also refers to its earlier general recommendations, such as general recommendation No. 9 on the gathering of statistical data on the situation of women, especially general recommendation No. 12 on violence against women, general recommendation No. 13 on equal remuneration for work of equal value, general recommendation No. 15 on the avoidance of discrimination against women in national strategies for the prevention and control of acquired immunodeficiency syndrome (AIDS), general recommendation No. 19 on violence against women and general recommendation No. 24 on women’s access to health care, as well as the concluding comments made by the Committee when examining the reports of States parties. 3 Besides treaties and conventions, the following programmes and plans of action are applicable. The United Nations Vienna Declaration and Programme of Action approved at the 1993 World Conference on Human Rights (part II, paras. 33 and 35). Programme of Action of the Cairo International Conference on Population and Development (chapter X). Programme of Action of the World Summit for Social Development (chap. 3). Beijing Declaration and Platform for Action, Fourth World Conference on Women, World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance August-September 2001. International Labour Organization Plan of Action for Migrant Workers, 2004. many women migrant workers and their experiences of sex- and gender-based discrimination as a cause and consequence of the violations of their human rights.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0003","docId":"cedaw-2009-wp-1-r","idx":3,"n":3,"text":"While States are entitled to control their borders and regulate migration, they must do so in full compliance with their obligations as parties to the human rights treaties they have ratified or acceded to. That includes the promotion of safe migration procedures and the obligation to respect, protect and fulfil the human rights of women throughout the migration cycle. Those obligations must be undertaken in recognition of the social and economic contributions of women migrant workers to their own countries and countries of destination, including through caregiving and domestic work.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0004","docId":"cedaw-2009-wp-1-r","idx":4,"n":4,"text":"The Committee recognizes that migrant women may be classified into various categories relating to the factors compelling migration, the purposes of migration and accompanying tenure of stay, the vulnerability to risk and abuse, and their status in the country to which they have migrated, and their eligibility for citizenship. The Committee also recognizes that these categories remain fluid and overlapping, and that therefore it is sometimes difficult to draw clear distinctions between the various categories. Thus, the scope of this general recommendation is limited to addressing the situations of the following categories of migrant women who, as workers, are in low-paid jobs, may be at high risk of abuse and discrimination and who may never acquire eligibility for permanent stay or citizenship, unlike professional migrant workers in the country of employment. As such, in many cases, they may not enjoy the protection of the law of the countries concerned, at either de jure or de facto levels. These categories of migrant women are:4 (a) Women migrant workers who migrate independently; (b) Women migrant workers who join their spouses or other members of their families who are also workers; (c) Undocumented5 women migrant workers who may fall into any of the above categories. The Committee, however, emphasizes that all categories of women migrants fall within the scope of the obligations of States parties to the Convention and must be protected against all forms of discrimination by the Convention. 4 This general recommendation deals only with the work-related situation of women migrants. While it is a reality that in some instances women migrant workers may become victims of trafficking due to various degrees of vulnerability they face, this general recommendation will not address the circumstances relating to trafficking. The phenomenon of trafficking is complex and needs more focused attention. The Committee is of the opinion that this phenomenon can be more comprehensively addressed through article 6 of the Convention which places an obligation on States parties “to take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women”. The Committee emphasizes however, that many elements of the present general recommendation are also relevant in situations where women migrants have been victims of trafficking. 5 Undocumented workers are those migrant workers who are without a valid residence or work permit. There are many circumstances under which this could have happened. For example, they may have been given false papers by unscrupulous agents or they may have entered the country with a valid work permit, but may have subsequently lost it because the employer may have arbitrarily terminated their services, or become undocumented because employers may have confiscated their passports. Sometimes workers may have extended their stay after the expiry of the work permit or entered the country without valid papers.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0005","docId":"cedaw-2009-wp-1-r","idx":5,"n":5,"text":"Although both men and women migrate, migration is not a gender-neutral phenomenon. The position of female migrants is different from that of male migrants in terms of legal migration channels, the sectors into which they migrate, the forms of abuse they suffer and the consequences thereof. To understand the specific ways in which women are impacted, female migration should be studied from the perspective of gender inequality, traditional female roles, a gendered labour market, the universal prevalence of gender-based violence and the worldwide feminization of poverty and labour migration. The integration of a gender perspective is, therefore, essential to the analysis of the position of female migrants and the development of policies to counter discrimination exploitation and abuse. Applying principles of human rights and gender equality","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0006","docId":"cedaw-2009-wp-1-r","idx":6,"n":6,"text":"All women migrant workers are entitled to the protection of their human rights, which include the right to life, the right to personal liberty and security, the right not to be tortured, the right to be free of degrading and inhumane treatment, the right to be free from discrimination on the basis of sex, race, ethnicity, cultural particularities, nationality, language, religion or other status, the right to be free from poverty, the right to an adequate standard of living, the right to equality before the law and the right to benefit from the due processes of the law. These rights are provided for in the Universal Declaration of Human Rights and the many human rights treaties ratified or acceded to by States Members of the United Nations.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0007","docId":"cedaw-2009-wp-1-r","idx":7,"n":7,"text":"Women migrant workers are also entitled to protection from discrimination on the basis of the Convention, which requires States parties to take all appropriate measures without delay to eliminate all forms of discrimination against women and to ensure that they will be able to exercise and enjoy de jure and de facto rights on an equal basis with men in all fields. Factors influencing women’s migration","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0008","docId":"cedaw-2009-wp-1-r","idx":8,"n":8,"text":"Women currently make up about one half of the world’s migrant population. Various factors, such as globalization, the wish to seek new opportunities, poverty, gendered cultural practices and gender-based violence in countries of origin, natural disasters or wars and internal military conflicts determine women’s migration. These factors also include the exacerbation of sex-specific divisions of labour in the formal and informal manufacturing and service sectors in countries of destination, as well as a male-centred culture of entertainment, the latter creating a demand for women as entertainers. A significant increase in the number of women migrating alone as wage earners has been widely noted as part of this trend. Sex- and gender-based human rights concerns related to migrant women","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0009","docId":"cedaw-2009-wp-1-r","idx":9,"n":9,"text":"Because violations of the human rights of women migrant workers occur in countries of origin, countries of transit and countries of destination, this general recommendation will address all three situations in order to facilitate the use of the Convention, further the rights of women migrant workers and advance substantive equality of women and men in all spheres of their lives. It is also recalled that migration is an inherently global phenomenon, requiring cooperation among States in multilateral, bilateral and regional levels. In countries of origin before departure6","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0010","docId":"cedaw-2009-wp-1-r","idx":10,"n":10,"text":"Even before they leave home, women migrant workers face myriad human rights concerns, including complete bans or restrictions on women’s out-migration based on sex or sex combined with age, marital status, pregnancy or maternity status, occupation-specific restrictions or requirements that women must have written permission from male relatives to obtain a passport to travel or migrate. Women are sometimes detained by recruiting agents for training in preparation for departure, during which time they may be subject to financial, physical, sexual or psychological abuse. Women may also suffer the consequences of restricted access to education, training and reliable information on migration, which may lead to increased vulnerability in relation to employers. Exploitative fees may be charged by employment agents, which sometimes cause women, who generally have fewer assets than men, to suffer greater financial hardships and make them more dependent, for example, if they need to borrow from family, friends, or moneylenders at usurious rates. In countries of origin upon return","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0011","docId":"cedaw-2009-wp-1-r","idx":11,"n":11,"text":"Women migrant workers may face sex- and gender-based discrimination, including compulsory HIV and AIDS testing for women returnees, moral “rehabilitation” for young women returnees and increased personal and social costs compared to men, without adequate gender-responsive services. For example, men may return to a stable family situation, whereas women may find disintegration of the family upon their return, with their absence from home regarded as the cause of such disintegration. There may also be a lack of protection against reprisals from exploitative recruiting agents. In countries of transit","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0012","docId":"cedaw-2009-wp-1-r","idx":12,"n":12,"text":"Women migrant workers may face a variety of human rights concerns when transiting through foreign countries. When travelling with an agent or escort, women migrants may be abandoned if the agent encounters problems in transit or upon arrival in the country of destination. Women are also vulnerable to sexual and physical abuse by agents and escorts when travelling in countries of transit. In countries of destination","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0013","docId":"cedaw-2009-wp-1-r","idx":13,"n":13,"text":"Once they reach their destinations, women migrant workers may encounter multiple forms of de jure and de facto discrimination. There are countries whose Governments sometimes impose restrictions or bans on women’s employment in particular sectors. Whatever the situation, women migrant workers face additional hazards compared to men because of gender-insensitive environments that do not allow mobility for women, and that give them little access to relevant information about their rights and entitlements. Gendered notions of appropriate work for women result in job opportunities that reflect familial and service functions ascribed 6 Paragraphs 10 and 11 describe some of the sex- and gender-related human rights concerns that women experience in their countries of origin, both before departure and upon return. Concerns related to transit and life abroad are discussed in paragraphs 12 to 22. These sections are illustrative and are not meant to be exhaustive. It should be noted that certain human rights concerns described here may render a woman’s decision to migrate involuntarily under relevant international law; in such cases, reference should be made to those norms. to women or that are in the informal sector. Under such circumstances, occupations in which women dominate are, in particular, domestic work or certain forms of entertainment.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0014","docId":"cedaw-2009-wp-1-r","idx":14,"n":14,"text":"In addition, in countries of destination, such occupations may be excluded from legal definitions of work, thereby depriving women of a variety of legal protections. In such occupations, women migrant workers have trouble obtaining binding contracts concerning terms and conditions of work, causing them sometimes to work for long hours without overtime payment. Moreover, women migrant workers often experience intersecting forms of discrimination, suffering not only sex- and gender-based discrimination, but also xenophobia and racism. Discrimination based on race, ethnicity, cultural particularities, nationality, language, religion or other status may be expressed in sex- and gender-specific ways.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0015","docId":"cedaw-2009-wp-1-r","idx":15,"n":15,"text":"Because of discrimination on the basis of sex and gender, women migrant workers may receive lower wages than do men, or experience non-payment of wages, payments that are delayed until departure, or transfer of wages into accounts that are inaccessible to them. For example, employers of domestic workers often deposit the worker’s wages into an account in the employer’s name. If a woman and her spouse both have worker status, her wages may be paid into an account in the name of her spouse. Workers in female-dominated sectors may not be paid for weekly days of rest or national holidays. Or, if they are heavily burdened by debt from recruitment fees, women migrant workers may not be able to leave abusive situations since they have no other way to repay those debts. Such violations may of course be faced by non-migrant local women in similar female-dominated jobs. However, non-migrant local women have better job mobility. They have the choice, however limited, of leaving an oppressive job situation and obtaining another job, whereas, in some countries, a woman migrant worker may become undocumented the minute she leaves her job. Non-migrant local women workers may, moreover, have some economic protection by way of family support if they are unemployed, but women migrant workers may not have such protection. Women migrant workers thus face hazards on the basis of sex and gender, as well as on the basis of their migrant status.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0016","docId":"cedaw-2009-wp-1-r","idx":16,"n":16,"text":"Women migrant workers may be unable to save or transmit savings safely through regular channels due to isolation (for domestic workers), cumbersome procedures, language barriers, or high transaction costs. This is a great problem since in general they earn less than men. Women may further face familial obligations to remit all their earnings to their families to a degree that may not be expected of men. For example, single women may be expected to support even extended family members at home.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0017","docId":"cedaw-2009-wp-1-r","idx":17,"n":17,"text":"Women migrant workers often suffer from inequalities that threaten their health. They may be unable to access health services, including reproductive health services, because insurance or national health schemes are not available to them, or they may have to pay unaffordable fees. As women have health needs different from those of men, this aspect requires special attention. They may also suffer from a lack of arrangements for their safety at work, or provisions for safe travel between the worksite and their place of accommodation. Where accommodation is provided, especially in female-dominated occupations such as factory, farm or domestic work, living conditions may be poor and overcrowded, without running water or adequate sanitary facilities, or they may lack privacy and hygiene. Women migrant workers are sometimes subjected to sex-discriminatory mandatory HIV/AIDS testing or testing for other infections without their consent, followed by provision of test results to agents and employers rather than to the worker herself. This may result in loss of job or deportation if test results are positive.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0018","docId":"cedaw-2009-wp-1-r","idx":18,"n":18,"text":"Discrimination may be especially acute in relation to pregnancy. Women migrant workers may face mandatory pregnancy tests followed by deportation if the test is positive; coercive abortion or lack of access to safe reproductive health and abortion services, when the health of the mother is at risk, or even following sexual assault; absence of, or inadequate, maternity leave and benefits and absence of affordable obstetric care, resulting in serious health risks. Women migrant workers may also face dismissal from employment upon detection of pregnancy, sometimes resulting in irregular immigration status and deportation.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0019","docId":"cedaw-2009-wp-1-r","idx":19,"n":19,"text":"Women migrant workers may be subjected to particularly disadvantageous terms regarding their stay in a country. They are sometimes unable to benefit from family reunification schemes, which may not extend to workers in female-dominated sectors, such as domestic workers or those in entertainment. Permission to stay in the country of employment may be severely restricted, especially for women migrant workers in domestic work when their time-fixed contracts end or are terminated at the whim of the employer. If they lose their immigration status, they may be more vulnerable to violence by the employer or others who want to abuse the situation. If they are detained, they may be subject to violence perpetrated by officials in detention centres.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0020","docId":"cedaw-2009-wp-1-r","idx":20,"n":20,"text":"Women migrant workers are more vulnerable to sexual abuse, sexual harassment and physical violence, especially in sectors where women predominate. Domestic workers are particularly vulnerable to physical and sexual assault, food and sleep deprivation and cruelty by their employers. Sexual harassment of women migrant workers in other work environments, such as on farms or in the industrial sector, is a problem worldwide (see E/CN.4/1998/74/Add.1). Women migrant workers who migrate as spouses of male migrant workers or along with family members face an added risk of domestic violence from their spouses or relatives if they come from a culture that values the submissive role of the women in the family.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0021","docId":"cedaw-2009-wp-1-r","idx":21,"n":21,"text":"Access to justice may be limited for women migrant workers. In some countries, restrictions are imposed on the use of the legal system by women migrant workers to obtain remedies for discriminatory labour standards, employment discrimination or sex- and gender-based violence. Further, women migrant workers may not be eligible for free government legal aid, and there may be other impediments, such as unresponsive and hostile officials and, at times, collusion between officials and the perpetrator. In some cases, diplomats have perpetrated sexual abuse, violence and other forms of discrimination against women migrant domestic workers while enjoying diplomatic immunity. In some countries, there are gaps in the laws protecting migrant women workers. For example, they may lose their work permits once they make a report of abuse or discrimination and then they cannot afford to remain in the country for the duration of the trial, if any. In addition to these formal barriers, practical barriers may prevent access to remedies. Many do not know the language of the country and do not know their rights. Women migrant workers may lack mobility because they may be confined by employers to their work or living sites, prohibited from using telephones or banned from joining groups or cultural associations. They often lack knowledge of their embassies or of services available, due to their dependence on employers or spouses for such information. For example, it is very difficult for women migrant domestic workers who are scarcely ever out of sight of their employers to even register with their embassies or file complaints. As such, women may have no outside contacts and no means of making a complaint, and they may suffer violence and abuse for long periods of time before the situation is exposed. In addition, the withholding of passports by employers or the fear of reprisal if the women migrant worker is engaged in sectors that are linked to criminal networks prevent them from making a report.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0022","docId":"cedaw-2009-wp-1-r","idx":22,"n":22,"text":"Undocumented women migrant workers are particularly vulnerable to exploitation and abuse because of their irregular immigration status, which exacerbates their exclusion and the risk of exploitation. They may be exploited as forced labour, and their access to minimum labour rights may be limited by fear of denouncement. They may also face harassment by the police. If they are apprehended, they are usually prosecuted for violations of immigration laws and placed in detention centres, where they are vulnerable to sexual abuse, and then deported. Recommendations to States parties7 Common responsibilities of countries of origin and destination","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0023","docId":"cedaw-2009-wp-1-r","idx":23,"n":23,"text":"Common responsibilities of countries of origin and destination include: (d) Formulating a comprehensive gender-sensitive and rights-based policy: States parties should use the Convention and the general recommendations to formulate a gender-sensitive, rights-based policy on the basis of equality and non-discrimination to regulate and administer all aspects and stages of migration, to facilitate access of women migrant workers to work opportunities abroad, promoting safe migration and ensuring the protection of the rights of women migrant workers (articles 2 (a) and 3); (e) Active involvement of women migrant workers and relevant non-governmental organizations: States parties should seek the active involvement of women migrant workers and relevant non-governmental organizations in policy formulation, implementation, monitoring and evaluation (article 7 (b)); (f) Research, data collection and analysis: States parties should conduct and support quantitative and qualitative research, data collection and analysis to identify the problems and needs faced by women migrant workers in every phase of the migration process in order to promote the rights of women migrant workers and formulate relevant policies (article 3). Responsibilities specific to countries of origin","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0024","docId":"cedaw-2009-wp-1-r","idx":24,"n":24,"text":"Countries of origin must respect and protect the human rights of their female nationals who migrate for purposes of work. Measures that may be required include, but are not limited to, the following: 7 The articles listed for each recommendation refer to the articles of the Convention on the Elimination of All Forms of Discrimination against Women. (g) Lifting of discriminatory bans or restrictions on migration: States parties should repeal sex-specific bans and discriminatory restrictions on women’s migration on the basis of age, marital status, pregnancy or maternity status. They should lift restrictions that require women to get permission from their spouse or male guardian to obtain a passport or to travel (article 2 (f)); (h) Education, awareness-raising and training with standardized content: States parties should develop an appropriate education and awareness-raising programme in close consultation with concerned non-governmental organizations, gender and migration specialists, women workers with migration experience and reliable recruiting agencies. In that regard, States parties should (articles 3, 5, 10 and 14): (i) Deliver or facilitate free or affordable gender- and rights-based pre-departure information and training programmes that raise prospective women migrant workers’ awareness of potential exploitation, including: recommended contents of labour contracts, legal rights and entitlements in countries of employment, procedures for invoking formal and informal redress mechanisms, processes by which to obtain information about employers, cultural conditions in countries of destination, stress management, first aid and emergency measures, including emergency telephone numbers of home embassy, and services; information about safety in transit, including airport and airline orientations and information on general and reproductive health, including HIV/AIDS prevention. Such training programmes should be targeted to women who are prospective migrant workers through an effective outreach programme and held in decentralized training venues so that they are accessible to women; (ii) Provide a list of authentic, reliable recruitment agencies and create a unified information system on available jobs abroad; (iii) Provide information on methods and procedures for migrating to work for women workers who wish to migrate independently of recruitment agencies; (iv) Require recruitment agencies to participate in awareness-raising and training programmes and sensitize them on the rights of women migrant workers, the forms of sex- and gender-based discrimination, the exploitation women could experience and responsibilities of agencies towards the women; (v) Promote community awareness-raising concerning the costs and benefits of all forms of migration for women and conduct cross-cultural awareness-raising activities addressed to the general public, which should highlight the risks, dangers and opportunities of migration, the entitlement of women to their earnings in the interest of ensuring their financial security and the need to maintain a balance between women’s familial responsibility and their responsibility to themselves. Such an awareness-raising progarmme could be carried out through formal and informal educational programmes; (vi) Encourage the media, information and communication sectors to contribute to awareness-raising on migration issues, including on the contributions women migrant workers make to the economy, women’s vulnerability to exploitation and discrimination and the various sites at which such exploitation occurs; (i) Regulations and monitoring systems, as follows: (vii) States parties should adopt regulations and design monitoring systems to ensure that recruiting agents and employment agencies respect the rights of all women migrant workers. States parties should include in their legislation a comprehensive definition of irregular recruitment along with a provision on legal sanctions for breaches of the law by recruitment agencies (article 2 (e)); (viii) States parties should also implement accreditation programmes to ensure good practices among recruitment agencies (article 2 (e)); (j) Health services: States parties should ensure the provision of standardized and authentic health certificates if required by countries of destination and require prospective employers to purchase medical insurance for women migrant workers. All required pre-departure HIV/AIDS testing or pre-departure health examinations must be respectful of the human rights of women migrants. Special attention should be paid to voluntariness, the provision of free or affordable services and to the problems of stigmatization (articles 2 (f) and 12); (k) Travel documents: States parties should ensure that women have equal and independent access to travel documents (article 2 (d)); (l) Legal and administrative assistance: States parties should ensure the availability of legal assistance in connection with migration for work. For example, legal reviews should be available to ensure that work contracts are valid and protect women’s rights on a basis of equality with men (articles 3 and 11); (m) Safeguarding remittances of income: States parties should establish measures to safeguard the remittances of women migrant workers and provide information and assistance to women to access formal financial institutions to send money home and to encourage them to participate in savings schemes (articles 3 and 11); (n) Facilitating the right to return: States parties should ensure that women who wish to return to their countries of origin are able to do so free of coercion and abuse (article 3); (o) Services to women upon return: States parties should design or oversee comprehensive socio-economic, psychological and legal services aimed at facilitating the reintegration of women who have returned. They should monitor service providers to ensure that they do not take advantage of the vulnerable position of women returning from work abroad, and should have complaint mechanisms to protect the women against reprisals by recruiters, employers or former spouses (articles 2 (c) and 3); (p) Diplomatic and consular protection: States parties must properly train and supervise their diplomatic and consular staff to ensure that they fulfil their role in protecting the rights of women migrant workers abroad. Such protection should include quality support services available to women migrants, including timely provision of interpreters, medical care, counselling, legal aid and shelter when needed. Where States parties have specific obligations under customary international law or treaties such as the Vienna Convention on Consular Relations, those obligations must be carried out in full in relation to women migrant workers (article 3); Responsibilities specific to countries of transit","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0025","docId":"cedaw-2009-wp-1-r","idx":25,"n":25,"text":"States parties through which migrant women travel should take all appropriate steps to ensure that their territories are not used to facilitate the violation of the rights of women migrant workers. Measures that may be required include, but are not limited to, the following: (q) Training, monitoring and supervision of Government agents: States parties should ensure that their border police and immigration officials are adequately trained, supervised and monitored for gender-sensitivity and non-discriminatory practices when dealing with women migrants (article 2 (d)); (r) Protection against violations of migrant women workers’ rights that take place under their jurisdiction: States parties should take active measures to prevent, prosecute and punish all migration-related human rights violations that occur under their jurisdiction, whether perpetrated by public authorities or private actors. States parties should provide or facilitate services and assistance in situations where women travelling with an agent or escort have been abandoned, make all attempts to trace perpetrators and take legal action against them (articles 2 (c) and (e)); Responsibilities specific to countries of destination","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0026","docId":"cedaw-2009-wp-1-r","idx":26,"n":26,"text":"States parties in countries where migrant women work should take all appropriate measures to ensure non-discrimination and the equal rights of women migrant workers, including in their own communities. Measures that may be required include, but are not limited to, the following: (s) Lifting of discriminatory bans or restrictions on immigration: States parties should repeal outright bans and discriminatory restrictions on women’s immigration. They should ensure that their visa schemes do not indirectly discriminate against women by restricting permission to women migrant workers to be employed in certain job categories where men predominate, or by excluding certain female-dominated occupations from visa schemes. Further, they should lift bans that prohibit women migrant workers from getting married to nationals or permanent residents, becoming pregnant or securing independent housing (article 2 (f)); (t) Legal protection for the rights of women migrant workers: States parties should ensure that constitutional and civil law and labour codes provide to women migrant workers the same rights and protection that are extended to all workers in the country, including the right to organize and freely associate. They should ensure that contracts for women migrant workers are legally valid. In particular, they should ensure that occupations dominated by women migrant workers, such as domestic work and some forms of entertainment, are protected by labour laws, including wage and hour regulations, health and safety codes and holiday and vacation leave regulations. The laws should include mechanisms for monitoring workplace conditions of migrant women, especially in the kinds of jobs where they dominate (articles 2 (a), (f) and 11); (u) Access to remedies: States parties should ensure that women migrant workers have the ability to access remedies when their rights are violated. Specific measures include, but are not limited to, the following (articles 2 (c), (f) and 3): (ix) Promulgate and enforce laws and regulations that include adequate legal remedies and complaints mechanisms, and put in place easily accessible dispute resolution mechanisms, protecting both documented and undocumented women migrant workers from discrimination or sex-based exploitation and abuse; (x) Repeal or amend laws that prevent women migrant workers from using the courts and other systems of redress. These include laws on loss of work permit, which results in loss of earnings and possible deportation by immigration authorities when a worker files a complaint of exploitation or abuse and while pending investigation. States parties should introduce flexibility into the process of changing employers or sponsors without deportation in cases where workers complain of abuse; (xi) Ensure that women migrant workers have access to legal assistance and to the courts and regulatory systems charged with enforcing labour and employment laws, including through free legal aid; (xii) Provide temporary shelters for women migrant workers who wish to leave abusive employers, husbands or other relatives and provide facilities for safe accommodation during trial; (v) Legal protection for the freedom of movement: States parties should ensure that employers and recruiters do not confiscate or destroy travel or identity documents belonging to women migrants. States parties should also take steps to end the forced seclusion or locking in the homes of women migrant workers, especially those working in domestic service. Police officers should be trained to protect the rights of women migrant workers from such abuses (article 2 (e)); (w) Non-discriminatory family reunification schemes: States parties should ensure that family reunification schemes for migrant workers are not directly or indirectly discriminatory on the basis of sex (article 2 (f)); (x) Non-discriminatory residency regulations: when residency permits of women migrant workers are premised on the sponsorship of an employer or spouse, States parties should enact provisions relating to independent residency status. Regulations should be made to allow for the legal stay of a woman who flees her abusive employer or spouse or is fired for complaining about abuse (article 2 (f)); (y) Training and awareness-raising: States parties should provide mandatory awareness-raising programmes concerning the rights of migrant women workers and gender sensitivity training for relevant public and private recruitment agencies and employers and relevant State employees, such as criminal justice officers, border police, immigration authorities, border police and social service and health-care providers (article 3); (z) Monitoring systems: States parties should adopt regulations and design monitoring systems to ensure that recruiting agents and employers respect the rights of all women migrant workers. States parties should closely monitor recruiting agencies and prosecute them for acts of violence, coercion, deception or exploitation (article 2 (e)); (aa) Access to services: States parties should ensure that linguistically and culturally appropriate gender-sensitive services for women migrant workers are available, including language and skills training programmes, emergency shelters, health-care services, police services, recreational programmes and programmes designed especially for isolated women migrant workers, such as domestic workers and others secluded in the home, in addition to victims of domestic violence. Victims of abuse must be provided with relevant emergency and social services, regardless of their immigration status (articles 3, 5 and 12); (ab) The rights of women migrant workers in detention, whether they are documented or undocumented: States parties should ensure that women migrant workers who are in detention do not suffer discrimination or gender-based violence, and that pregnant and breastfeeding mothers as well as women in ill health have access to appropriate services. They should review, eliminate or reform laws, regulations, or policies that result in a disproportionate number of women migrant workers being detained for migration-related reasons (articles 2 (d) and 5); (ac) Social inclusion of women migrant workers: States parties should adopt policies and programmes with the aim of enabling women migrant workers to integrate into the new society. Such efforts should be respectful of the cultural identity of women migrant workers and protective of their human rights, in compliance with the Convention (article 5); (ad) Protection of undocumented women migrant workers: the situation of undocumented women needs specific attention. Regardless of the lack of immigration status of undocumented women migrant workers, States parties have an obligation to protect their basic human rights. Undocumented women migrant workers must have access to legal remedies and justice in cases of risk to life and of cruel and degrading treatment, or if they are coerced into forced labour, face deprivation of fulfilment of basic needs, including in times of health emergencies or pregnancy and maternity, or if they are abused physically or sexually by employers or others. If they are arrested or detained, the States parties must ensure that undocumented women migrant workers receive humane treatment and have access to due process of the law, including through free legal aid. In that regard, States parties should repeal or amend laws and practices that prevent undocumented women migrant workers from using the courts and other systems of redress. If deportation cannot be avoided, States parties need to treat each case individually, with due consideration to the gender-related circumstances and risks of human rights violations in the country of origin (articles 2 (c), (e) and (f)); Bilateral and regional cooperation","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0027","docId":"cedaw-2009-wp-1-r","idx":27,"n":27,"text":"Measures that are required include but are not limited to the following: (ae) Bilateral and regional agreements: States parties who are sending or receiving and transit countries should enter into bilateral or regional agreements or memorandums of understanding protecting the rights of women migrant workers as elaborated in this general recommendation (article 3); (af) Best practices and sharing of information, as follows: (xiii) States parties are also encouraged to share their experience of best practices and relevant information to promote the full protection of the rights of women migrant workers (article 3); (xiv) States parties should cooperate on providing information on perpetrators of violations of the rights of women migrant workers. When provided with information regarding perpetrators within their territory, States parties should take measures to investigate, prosecute and punish them (article 2 (c)). Recommendations concerning monitoring and reporting","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0028","docId":"cedaw-2009-wp-1-r","idx":28,"n":28,"text":"States parties should include in their reports information about the legal framework, policies and programmes they have implemented to protect the rights of women migrant workers, taking into consideration the sex- and gender-based human rights concerns listed in paragraphs 10 to 22 and guided by the recommendations given in paragraphs 23 to 27 of this general recommendation. Adequate data should be collected on the enforcement and effectiveness of laws, policies and programmes and the de facto situation of women migrant workers, so that the information in the reports is meaningful. This information should be provided under the most appropriate articles of the Convention, guided by the suggestions given against all the recommendations. Ratification or accession to relevant human rights treaties","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0029","docId":"cedaw-2009-wp-1-r","idx":29,"n":29,"text":"States parties are encouraged to ratify all international instruments relevant to the protection of the human rights of migrant women workers, in particular, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-c-gc-27-0001","docId":"cedaw-c-gc-27","idx":1,"n":1,"text":"1. The Committee on the Elimination of Discrimination against Women (hereinafter “the Committee”), concerned about the multiple forms of discrimination experienced by older women and that older women’s rights are not systematically addressed in the reports of States parties, decided at its forty-second session, held from 20 October to 7 November 2008, pursuant to article 21 of the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter “the Convention”), to adopt a general recommendation on older women and protection of their human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"}]},{"id":"cedaw-c-gc-27-0002","docId":"cedaw-c-gc-27","idx":2,"n":2,"text":"2. In its decision 26/III of 5 July 2002, the Committee acknowledged that the Convention “is an important tool for addressing the specific issue of the human rights of older women.”[[fn:1]] General recommendation No. 25 on article 4, paragraph 1, of the Convention (temporary special measures) also recognizes that age is one of the grounds on which women may suffer multiple forms of discrimination. In particular, the Committee recognized the need for statistical data, disaggregated by age and sex, in order to better assess the situation of older women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"footnotes":[{"n":1,"text":"See Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 38 (A/57/38, Part One, chap. I, decision 26/III, and chap. VII, paras. 430-436)."}],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-27-0003","docId":"cedaw-c-gc-27","idx":3,"n":3,"text":"3. The Committee affirms previous commitments to older women’s rights enshrined in, inter alia, the Vienna International Plan of Action on Ageing,[[fn:2]] the Beijing Declaration and Platform for Action,[[fn:3]] the United Nations Principles for Older Persons (General Assembly resolution 46/91, annex), the Programme of Action of the International Conference on Population and Development,[[fn:4]] the Madrid International Plan of Action on Ageing 2002,[[fn:5]] Committee on Economic, Social and Cultural Rights general comment No. 6 on the economic, social and cultural rights of older persons (1995), and general comment No. 19 on the right to social security (2008).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"footnotes":[{"n":2,"text":"Report of the World Assembly on Ageing, Vienna, 26 July-6 August 1982 (United Nations publication, Sales No. E.I.16), chap. VI, sect. A."},{"n":3,"text":"Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annexes I and II."},{"n":4,"text":"Report of the International Conference on Population and Development, Cairo, 5-13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex."},{"n":5,"text":"Report of the Second World Assembly on Ageing, Madrid, 8-12 April 2002 1995 (United Nations publication, Sales No. E.02.IV.4), chap. I, resolution 1, annex II."}]},{"id":"cedaw-c-gc-27-0004","docId":"cedaw-c-gc-27","idx":4,"n":4,"text":"4. Current United Nations figures estimate that within 36 years there will be more people over the age of 60 than children under 15 years, globally. It is estimated that by 2050, the number of older people will be over 2 billion, or 22 per cent of the global population, an unprecedented doubling of the present 11 per cent of the population that is over 60.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Background"]},{"id":"cedaw-c-gc-27-0005","docId":"cedaw-c-gc-27","idx":5,"n":5,"text":"5. The gendered nature of ageing reveals that women tend to live longer than men, and that more older women than men live alone. While there are 83 men for every 100 women over the age of 60, there are only 59 men for every 100 women over the age of 80. Further, statistics from the United Nations Department of Economic and Social Affairs indicate that 80 per cent of men over 60 are married compared with only 48 per cent of older women.[[fn:6]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"footnotes":[{"n":6,"text":"United Nations Department of Economic and Social Affairs, Population Ageing and Development 2009 Chart, available at http://www.un.org/esa/population/publications/ageing/ageing2009.htm."}],"section":["Background"]},{"id":"cedaw-c-gc-27-0006","docId":"cedaw-c-gc-27","idx":6,"n":6,"text":"6. This unprecedented demographic ageing, due to improved living standards and basic health-care systems as well as declines in fertility and rising longevity, can be considered a successful outcome of development efforts and one that is set to continue, making the twenty-first century, the century of ageing. However, such demographic changes have profound human rights implications and increase the urgency of addressing the discrimination experienced by older women in a more comprehensive and systematic manner through the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Background"]},{"id":"cedaw-c-gc-27-0007","docId":"cedaw-c-gc-27","idx":7,"n":9,"text":"The issue of ageing is shared by both developed and developing countries. The proportion of older persons in less developed countries is expected to increase from 8 per cent in 2010 to 20 per cent by 2050, while the proportion of children will decrease from 29 to 20 per cent. The number of older women living in less developed regions will increase by 600 million within the period 2010 to 2050. This demographic shift presents major challenges for developing countries. The ageing of society is a well-established trend and a significant feature in most developed countries.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Background"],"footnotes":[{"n":7,"text":"Ibid."},{"n":8,"text":"United Nations Department of Economic and Social Affairs, Population Division, World Population Prospects: The 2008 Revision Population Database, http://esa.un.org/unpp/index.asp?panel=1."},{"n":9,"text":"Ibid."}]},{"id":"cedaw-c-gc-27-0008","docId":"cedaw-c-gc-27","idx":8,"n":8,"text":"8. Older women are not a homogeneous group. They have a great diversity of experience, knowledge, ability and skills, however, their economic and social situation is dependent on a range of demographic, political, environmental, cultural, social, individual and family factors. The contribution of older women in public and private life as leaders in their communities, entrepreneurs, caregivers, advisers, mediators, among other roles, is invaluable.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Background"]},{"id":"cedaw-c-gc-27-0009","docId":"cedaw-c-gc-27","idx":9,"n":9,"text":"9. This general recommendation on older women and promotion of their rights explores the relationship between the articles of the Convention and ageing. It identifies the multiple forms of discrimination that women face as they age, outlines the content of the obligations to be assumed by States parties with regard to ageing with dignity and older women’s rights, and includes policy recommendations aimed at mainstreaming the responses to the concerns of older women into national strategies, development initiatives and positive action so that older women can fully participate in society without discrimination and on an equal basis with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Purpose and objective"]},{"id":"cedaw-c-gc-27-0010","docId":"cedaw-c-gc-27","idx":10,"n":10,"text":"10. The general recommendation also provides guidance to States parties on the inclusion of the situation of older women in their reports on the implementation of the Convention. The elimination of all forms of discrimination against older women can only be achieved by fully respecting and protecting their dignity and their right to integrity and self-determination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Purpose and objective"]},{"id":"cedaw-c-gc-27-0011","docId":"cedaw-c-gc-27","idx":11,"n":11,"text":"11. While both men and women experience discrimination as they become older, older women experience ageing differently. The impact of gender inequality throughout their lifespan is exacerbated in old age and is often based on deep-rooted cultural and social norms. The discrimination that older women experience is often a result of unfair resource allocation, maltreatment, neglect and limited access to basic services.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0012","docId":"cedaw-c-gc-27","idx":12,"n":12,"text":"12. Concrete forms of discrimination against older women may differ considerably under various socio-economic circumstances and in various sociocultural environments, depending on the equality of opportunities and choices regarding education, employment, health, family and private life. In many countries, the lack of telecommunication skills, access to adequate housing, social services and the Internet, loneliness and isolation pose problems for older women. Older women living in rural areas or urban slums often suffer a severe lack of basic resources for subsistence, income security, access to health care, information on and enjoyment of their entitlements and rights.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0013","docId":"cedaw-c-gc-27","idx":13,"n":13,"text":"13. The discrimination experienced by older women is often multidimensional, with the age factor compounding other forms of discrimination based on gender, ethnic origin, disability, poverty levels, sexual orientation and gender identity, migrant status, marital and family status, literacy and other grounds. Older women who are members of minority, ethnic or indigenous groups, internally displaced or stateless often experience a disproportionate degree of discrimination.","labels":["Indigenous peoples","Migrants","Women/girls","Persons living in poverty","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0014","docId":"cedaw-c-gc-27","idx":14,"n":14,"text":"14. Many older women face neglect as they are no longer considered useful in their productive and reproductive roles, and are seen as a burden on their families. Widowhood and divorce further exacerbate discrimination, while lack of or limited access to health-care services for diseases and conditions, such as diabetes, cancer, hypertension, heart disease, cataract, osteoporosis and Alzheimer, prevent older women from enjoying their full human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0015","docId":"cedaw-c-gc-27","idx":15,"n":15,"text":"15. The full development and advancement of women can only be achieved through a life-cycle approach that recognizes and addresses the different stages of women’s lives from childhood through adolescence, adulthood and old age and the impact of each stage on the enjoyment of human rights by older women. The rights enshrined in the Convention are applicable at all stages of a woman’s life. However, in many countries, age discrimination is still tolerated and accepted at the individual, institutional and policy levels, and few countries have legislation prohibiting discrimination based on age.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0016","docId":"cedaw-c-gc-27","idx":16,"n":16,"text":"16. Gender stereotyping, traditional and customary practices can have harmful impacts on all areas of the lives of older women, in particular those with disabilities, including family relationships, community roles, portrayal in the media, employers’ attitudes, health care and other service providers, and can result in physical violence as well as psychological, verbal and financial abuse.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0017","docId":"cedaw-c-gc-27","idx":17,"n":17,"text":"17. Older women are often discriminated against through restrictions that hamper their participation in political and decision-making processes. For example, lack of identification documents or transportation may prevent older women from voting. In some countries, older women are not allowed to form or participate in associations or other non-governmental groups to campaign for their rights. Further, the mandatory retirement age may be lower for women than for men, which may be discriminatory against women, including those who represent their Governments at the international level.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0018","docId":"cedaw-c-gc-27","idx":18,"n":18,"text":"18. Older women with refugee status or who are stateless or asylum-seekers, as well as those who are migrant workers or internally displaced, often face discrimination, abuse and neglect. Older women affected by forced displacement or statelessness may suffer from post-traumatic stress syndrome, which may not be recognized or treated by health-care providers. Older refugee and internally displaced women are sometimes denied access to health care because they lack legal status or legal documents and/or are resettled far from health-care facilities. They may also experience cultural and language barriers in accessing services.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0019","docId":"cedaw-c-gc-27","idx":19,"n":19,"text":"19. Employers often regard older women as non-profitable investments for education and vocational training. Older women also do not have equal opportunities to learn modern information technology, nor the resources to obtain them. Many poor older women, especially those with disabilities and those living in rural areas, are denied the right to education and receive little or no formal or informal education. Illiteracy and innumeracy can severely restrict older women’s full participation in public and political life, the economy, and access to a range of services, entitlements and recreational activities.","labels":["Women/girls","Persons with disabilities","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0020","docId":"cedaw-c-gc-27","idx":20,"n":20,"text":"20. Women are fewer in the formal employment sector. Women also tend to be paid less than men for the same work or work of equal value. Moreover, gender-based discrimination in employment throughout their life has a cumulative impact in old age, forcing older women to face disproportionately lower incomes and pensions, or even no pension, compared with men. In general comment No. 19, the Committee on Economic, Social and Cultural Rights recognizes that non-contributory pensions will be required in most States since it is unlikely that everyone will be covered by contributory schemes (para. 4 (b)), while article 28, paragraph 2 (b) of the Convention on the Rights of Person with Disabilities provides for social protection for older women, particularly those with disabilities. Since the old-age pension payable is usually closely linked to earnings during active life, older women often end up with lower pensions compared with men. Furthermore, older women are particularly affected by discrimination on the basis of age and sex, which results in a different mandatory retirement age than that for men. Women should be subject to an optional retirement age so as to protect older women’s right to continue working if they wish to and to accumulate pension benefits, where applicable, at par with men. It is a known fact that many older women care for, and are sometimes the sole caregivers of, dependent young children, spouses/partners or elderly parents or relatives. The financial and emotional cost of this unpaid care is rarely recognized.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"],"citedArticles":[{"treaty":"CEDAW","article":"28","source":"regex"}]},{"id":"cedaw-c-gc-27-0021","docId":"cedaw-c-gc-27","idx":21,"n":21,"text":"21. Older women’s right to self-determination and consent with regard to health care are not always respected. Social services, including long-term care, for older women might be disproportionately reduced when public expenditure is cut. Post-menopausal, post-reproductive and other age-related and gender-specific physical and mental health conditions and diseases tend to be overlooked by research, academic studies, public policy and service provision. Information on sexual health and HIV/AIDS is rarely provided in a form that is acceptable, accessible and appropriate for older women. Many older women do not have private health insurance, or are excluded from State-funded schemes because they did not contribute to a scheme during their working life in the informal sector or providing unpaid care.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0022","docId":"cedaw-c-gc-27","idx":22,"n":22,"text":"22. Older women may not be eligible to claim family benefits if they are not the parent or legal guardian of children in their care.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0023","docId":"cedaw-c-gc-27","idx":23,"n":23,"text":"23. Microcredit and finance schemes usually have age restrictions or other criteria that prevent older women from accessing them. Many older women, particularly those who are confined to their homes, are unable to participate in cultural, recreational and community activities, which leaves them isolated and has a negative impact on their well-being. Often, not enough attention is given to the requirements for independent living, such as personal assistance, adequate housing, including accessible housing arrangements and mobility aids.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0024","docId":"cedaw-c-gc-27","idx":24,"n":24,"text":"24. In many countries, the majority of older women live in rural areas where access to services is even more difficult due to their age and poverty levels. Many older women receive irregular, insufficient or no remittances from their migrant-worker children. Denial of their right to water, food and housing is part of the everyday life of many poor, rural older women. Older women may not be able to afford proper food due to a combination of factors such as the high price of food and the inadequacy of their incomedue to discrimination with regard to employment, social security and access to resources. Lack of access to transportation can prevent older women from accessing social services or participating in community and cultural activities. Such lack of access may be due to the fact that older women have low incomes and the inadequacy of public policy in providing affordable and accessible public transport to meet the needs of older women.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0025","docId":"cedaw-c-gc-27","idx":25,"n":25,"text":"25. Climate change impacts differently on women, especially older women who, due to their physiological differences, physical ability, age and gender, as well as social norms and roles and an inequitable distribution of aid and resources relating to social hierarchies, are particularly disadvantaged in the face of natural disasters. Their limited access to resources and decision-making processes increases their vulnerability to climate change.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0026","docId":"cedaw-c-gc-27","idx":26,"n":26,"text":"26. Under some statutory and customary laws, women do not have the right to inherit and administer marital property on the death of their spouse. Some legal systems justify this by providing widows with other means of economic security, such as support payments from the deceased’s estate. However, in reality, such provisions are seldom enforced, and widows are often left destitute. Some laws particularly discriminate against older widows, and some widows are victims of “property grabbing.”","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0027","docId":"cedaw-c-gc-27","idx":27,"n":27,"text":"27. Older women are particularly vulnerable to exploitation and abuse, including economic abuse, when their legal capacity is deferred to lawyers or family members, without their consent.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0028","docId":"cedaw-c-gc-27","idx":28,"n":28,"text":"28. The Committee’s general recommendation No. 21 (1994) states that “[p]olygamous marriage contravenes a woman’s right to equality with men, and can have such serious emotional and financial consequences for her and her dependants that such marriages ought to be discouraged and prohibited” (para. 14). Nevertheless, polygamy is still practised in many States parties, and many women are in polygamous unions. Older wives are often neglected in polygamous marriages once they are no longer considered to be reproductively or economically active.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0029","docId":"cedaw-c-gc-27","idx":29,"n":29,"text":"29. State parties must recognize that older women are an important resource to society, and have the obligation to take all appropriate measures, including legislation, to eliminate discrimination against older women. States parties should adopt gender-sensitive and age-specific policies and measures, including temporary special measures, in line with article 4, paragraph 1 of the Convention and general recommendations No. 23 (1997) and No. 25 (2004) of the Committee, to ensure that older women participate fully and effectively in the political, social, economic, cultural and civil life, and any other field in their societies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-27-0030","docId":"cedaw-c-gc-27","idx":30,"n":30,"text":"30. States parties have an obligation to ensure the full development and advancement of women throughout their life cycle in times of both peace and conflict, as well as in the event of any man-made and/or natural disaster. States parties should therefore ensure that all legal provisions, policies and interventions aimed at the full development and advancement of women do not discriminate against older women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0031","docId":"cedaw-c-gc-27","idx":31,"n":31,"text":"31. States parties’ obligations should take into account the multidimensional nature of discrimination against women and ensure that the principle of gender equality applies throughout women’s life cycle, in legislation and in the practical implementation thereof. In this regard, States parties are urged to repeal or amend existing laws, regulations and customs that discriminate against older women, and ensure that legislation proscribes discrimination on the grounds of age and sex.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0032","docId":"cedaw-c-gc-27","idx":32,"n":32,"text":"32. In order to support legal reform and policy formulation, States parties are urged to collect, analyse and disseminate data disaggregated by age and sex, so as to have information on the situation of older women, including those living in rural areas, areas of conflict, belonging to minority groups, and with disabilities. Such data should especially focus, among other issues, on poverty, illiteracy, violence, unpaid work, including care-giving to those living with or affected by HIV/AIDS, migration, access to health care, housing, social and economic benefits and employment.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0033","docId":"cedaw-c-gc-27","idx":33,"n":33,"text":"33. States parties should provide older women with information on their rights and how to access legal services. They should train the police, judiciary as well as legal aid and paralegal services on the rights of older women, and sensitize and train public authorities and institutions on age- and gender-related issues that affect older women. Information, legal services, effective remedies and reparation must be made equally available and accessible to older women with disabilities.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0034","docId":"cedaw-c-gc-27","idx":34,"n":34,"text":"34. States parties should enable older women to seek redress for and resolve infringements of their rights, including the right to administer property, and ensure that older women are not deprived of their legal capacity on arbitrary or discriminatory grounds.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0035","docId":"cedaw-c-gc-27","idx":35,"n":35,"text":"35. States parties should ensure that climate change and disaster risk-reduction measures are gender-responsive and sensitive to the needs and vulnerabilities of older women. States parties should also facilitate the participation of older women in decision-making for climate change mitigation and adaptation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0036","docId":"cedaw-c-gc-27","idx":36,"n":36,"text":"36. States parties have an obligation to eliminate negative stereotyping and modify social and cultural patterns of conduct that are prejudicial and harmful to older women, so as to reduce the physical, sexual, psychological, verbal and economic abuse that older women, including those with disabilities, experience based on negative stereotyping and cultural practices.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Stereotypes"]},{"id":"cedaw-c-gc-27-0037","docId":"cedaw-c-gc-27","idx":37,"n":37,"text":"37. States parties have an obligation to draft legislation recognizing and prohibiting violence, including domestic, sexual violence and violence in institutional settings, against older women, including those with disabilities. States parties have an obligation to investigate, prosecute and punish all acts of violence against older women, including those committed as a result of traditional practices and beliefs.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Violence"]},{"id":"cedaw-c-gc-27-0038","docId":"cedaw-c-gc-27","idx":38,"n":38,"text":"38. State parties should pay special attention to the violence suffered by older women in times of armed conflict, the impact of armed conflicts on the lives of older women, and the contribution that older women can make to the peaceful settlement of conflicts and to reconstruction processes. States parties should give due consideration to the situation of older women when addressing sexual violence, forced displacement and the conditions of refugees during armed conflict. States parties should take into account relevant United Nations resolutions on women and peace and security when addressing such matters, including, in particular, Security Council resolutions 1325 (2000), 1820 (2008) and 1889 (2009).","labels":["Refugees & asylum-seekers","Women/girls","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Violence"]},{"id":"cedaw-c-gc-27-0039","docId":"cedaw-c-gc-27","idx":39,"n":39,"text":"39. States parties have an obligation to ensure that older women have the opportunity to participate in public and political life, and hold public office at all levels and that older women have the necessary documentation to register to vote and run as candidates for election.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Participation in public life"]},{"id":"cedaw-c-gc-27-0040","docId":"cedaw-c-gc-27","idx":40,"n":40,"text":"40. States parties have an obligation to ensure equal opportunity in the field of education for women of all ages, and to ensure that older women have access to adult education and lifelong learning opportunities as well as to the educational information they need for their well-being and that of their families.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Education"]},{"id":"cedaw-c-gc-27-0041","docId":"cedaw-c-gc-27","idx":41,"n":41,"text":"41. States parties have an obligation to facilitate the participation of older women in paid work without discrimination based on their age and gender. States parties should ensure that special attention is paid to addressing problems that older women might face in their working life, and that they are not forced into early retirement or similar situations. States parties should also monitor the impact of gender-related pay gaps on older women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Work and pension benefits"]},{"id":"cedaw-c-gc-27-0042","docId":"cedaw-c-gc-27","idx":42,"n":42,"text":"42. States parties have an obligation to ensure that the retirement age in both the public and private sectors do not discriminate against women. Consequently, States parties have an obligation to ensure that pension policies are not discriminatory in any manner, even when women opt to retire early, and that all older women who have been active have access to adequate pensions. States parties should adopt all appropriate measures, including, where necessary, temporary special measures, to guarantee such pensions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Work and pension benefits"]},{"id":"cedaw-c-gc-27-0043","docId":"cedaw-c-gc-27","idx":43,"n":43,"text":"43. States parties should ensure that older women, including those who have the responsibility for the care of children, have access to appropriate social and economic benefits, such as childcare benefits, as well as access to all necessary support when caring for elderly parents or relatives.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Work and pension benefits"]},{"id":"cedaw-c-gc-27-0044","docId":"cedaw-c-gc-27","idx":44,"n":44,"text":"44. States parties should provide adequate non-contributory pensions, on an equal basis with men, to all women who have no other pension or insufficient income security, and State-funded allowances should be made available and accessible to older women, particularly those living in remote or rural areas.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Work and pension benefits"]},{"id":"cedaw-c-gc-27-0045","docId":"cedaw-c-gc-27","idx":45,"n":45,"text":"45. States parties should adopt a comprehensive health-care policy aimed at protecting the health needs of older women in line with the Committee’s general recommendation No. 24 (1999) on women and health. Such policy should ensure affordable and accessible health care to all older women through, where appropriate, the elimination of user fees, training of health workers in geriatric illnesses, provision of medicine to treat age-related chronic and non-communicable diseases, long-term health and social care, including care that allows for independent living and palliative care. Long-term care provisions should include interventions promoting behavioural and lifestyle changes to delay the onset of health problems, such as healthy nutritional practices and an active lifestyle, and affordable access to health-care services, including screening for and treatment of diseases, in particular those most prevalent among older women. Health policies must also ensure that health care provided to older women, including those with disabilities, is based on the free and informed consent of the person concerned.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Health"]},{"id":"cedaw-c-gc-27-0046","docId":"cedaw-c-gc-27","idx":46,"n":46,"text":"46. States parties should adopt special programmes tailored to the physical, mental, emotional and health needs of older women, with special focus on women belonging to minorities and women with disabilities, as well as women tasked with caring for grandchildren and other young family dependants due to the migration of young adults, and women caring for family members living with or affected by HIV/AIDS.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Health"]},{"id":"cedaw-c-gc-27-0047","docId":"cedaw-c-gc-27","idx":47,"n":47,"text":"47. States parties have an obligation to eliminate discrimination in all its forms against older women in economic and social life. All barriers based on age and gender to accessing agricultural credit and loans should be removed and access to appropriate technology for older women farmers and small landholders should be ensured. States parties should provide special support systems and collateral-free microcredit, as well as encourage micro-entrepreneurship for older women. Recreational facilities for older women should be created and outreach services should be provided to older women who are confined to their homes. States parties should provide affordable and appropriate transportation to enable older women, including those living in rural areas, to participate in economic and social life, including community activities.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Economic empowerment"]},{"id":"cedaw-c-gc-27-0048","docId":"cedaw-c-gc-27","idx":48,"n":48,"text":"48. States Parties should take necessary measures to ensure older women have access to adequate housing that meet their specific needs, and all barriers, architectural and other, that hinder the mobility of older persons and lead to forced confinement should be removed. States parties should provide social services that enable older women to remain in their homes and live independently for as long as possible. Laws and practices that negatively affect older women's right to housing, land and property should be abolished. States parties should also protect older women against forced evictions and homelessness.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Social benefits"]},{"id":"cedaw-c-gc-27-0049","docId":"cedaw-c-gc-27","idx":49,"n":49,"text":"49. States parties should ensure that older women are included and represented in rural and urban development planning processes. States parties should ensure the provision of affordable water, electricity and other utilities to older women. Policies aimed at increasing access to safe water and adequate sanitation should ensure that the related technologies are accessible and do not require undue physical strength.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Rural and other vulnerable older women"]},{"id":"cedaw-c-gc-27-0050","docId":"cedaw-c-gc-27","idx":50,"n":50,"text":"50. States parties should adopt appropriate gender- and age-sensitive laws and policies to ensure the protection of older women with refugee status or who are stateless, as well as those who are internally displaced or are migrant workers.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Rural and other vulnerable older women"]},{"id":"cedaw-c-gc-27-0051","docId":"cedaw-c-gc-27","idx":51,"n":51,"text":"51. States parties have an obligation to repeal all legislation that discriminates against older women in the area of marriage and in the event of its dissolution, including with regard to property and inheritance.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Marriage and family life"]},{"id":"cedaw-c-gc-27-0052","docId":"cedaw-c-gc-27","idx":52,"n":52,"text":"52. States parties must repeal all legislation that discriminates against older widows in respect of property and inheritance, and protect them from land grabbing. They must adopt laws of intestate succession that comply with their obligations under the Convention. Furthermore, they should take measures to end practices that force older women to marry against their will, and ensure that succession is not conditional on forced marriage to a deceased husband’s sibling or any other person.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Marriage and family life"]},{"id":"cedaw-c-gc-27-0053","docId":"cedaw-c-gc-27","idx":53,"n":53,"text":"53. States parties should discourage and prohibit polygamous unions, in accordance with general recommendation No. 21, and ensure that upon the death of a polygamous husband, his estate is shared equally among his wives and their respective children.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Marriage and family life"]},{"id":"cedaw-c-gc-28-0001","docId":"cedaw-c-gc-28","idx":1,"n":1,"text":"1. Through this general recommendation, the Committee on the Elimination of Discrimination against Women (“the Committee”) aims to clarify the scope and meaning of article 2 of the Convention on the Elimination of All Forms of Discrimination against Women (“the Convention”), which provides ways for States parties to implement domestically the substantive provisions of the Convention. The Committee encourages States parties to translate this general recommendation into national and local languages and to disseminate it widely to all branches of Government, civil society, including the media, academia and human rights and women’s organizations and institutions.2. The Convention is a dynamic instrument that accommodates the development of international law. Since its first session in 1982, the Committee on the Elimination of Discrimination against Women and other actors at the national and international levels have contributed to the clarification and understanding of the substantive content of the Convention’s articles, the specific nature of discrimination against women and the various instruments required for combating such discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0002","docId":"cedaw-c-gc-28","idx":2,"n":2,"text":"The Convention is a dynamic instrument that accommodates the development of international law. Since its first session in 1982, the Committee on the Elimination of Discrimination against Women and other actors at the national and international levels have contributed to the clarification and understanding of the substantive content of the Convention’s articles, the specific nature of discrimination against women and the various instruments required for combating such discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010},{"id":"cedaw-c-gc-28-0003","docId":"cedaw-c-gc-28","idx":3,"n":3,"text":"The Convention is part of a comprehensive international human rights legal framework directed at ensuring the enjoyment by all of all human rights and at eliminating all forms of discrimination against women on the basis of sex and gender. The Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of Persons with Disabilities contain explicit provisions guaranteeing women equality with men in the enjoyment of the rights they enshrine, while other international human rights treaties, such as the International Convention on the Elimination of All Forms of Racial Discrimination, are implicitly grounded in the concept of non-discrimination on the basis of sex and gender. The International Labour Organization (ILO) Conventions No. 100 (1951) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, No. 111 (1958) concerning Discrimination in Respect of Employment and Occupation and No. 156 (1981) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities, the Convention against Discrimination in Education, the Declaration on the Elimination of Discrimination against Women, the Vienna Declaration and Programme of Action, the Cairo Programme of Action and the Beijing Declaration and Platform for Action also contribute to an international legal regime of equality for women with men and non-discrimination. Likewise, the obligations of States entered into under regional human rights systems are complementary to the universal human rights framework.","labels":["Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"]},{"id":"cedaw-c-gc-28-0004","docId":"cedaw-c-gc-28","idx":4,"n":4,"text":"The objective of the Convention is the elimination of all forms of discrimination against women on the basis of sex. It guarantees women the equal recognition, enjoyment and exercise of all human rights and fundamental freedoms in the political, economic, social, cultural, civil, domestic or any other field, irrespective of their marital status, and on a basis of equality with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"]},{"id":"cedaw-c-gc-28-0005","docId":"cedaw-c-gc-28","idx":5,"n":5,"text":"Although the Convention only refers to sex-based discrimination, interpreting article 1 together with articles 2 (f) and 5 (a) indicates that the Convention covers gender-based discrimination against women. The term “sex” here refers to biological differences between men and women. The term “gender” refers to socially constructed identities, attributes and roles for women and men and society’s social and cultural meaning for these biological differences resulting in hierarchical relationships between women and men and in the distribution of power and rights favouring men and disadvantaging women. This social positioning of women and men is affected by political, economic, cultural, social, religious, ideological and environmental factors and can be changed by culture, society and community. The application of the Convention to gender-based discrimination is made clear by the definition of discrimination contained in article 1. This definition points out that any distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of human rights and fundamental freedoms is discrimination, even where discrimination was not intended. This would mean that identical or neutral treatment of women and men might constitute discrimination against women if such treatment resulted in or had the effect of women being denied the exercise of a right because there was no recognition of the pre-existing gender-based disadvantage and inequality that women face. The views of the Committee on this matter are evidenced by its consideration of reports, its general recommendations, decisions, suggestions and statements, its consideration of individual communications and its conduct of inquiries under the Optional Protocol.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"],"citedArticles":[{"article":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"'interpreting article 1 together with articles 2(f) and 5(a) indicates that the Convention covers gender-based discrimination' — CEDAW art.1 (definition of discrimination)."},{"article":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"'articles 2(f)' — CEDAW art.2(f) (obligation to modify/abolish discriminatory laws)."},{"article":"5","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"'5(a)' — CEDAW art.5(a) (modification of social and cultural patterns)."},{"article":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Second ref: 'the definition of discrimination contained in article 1. This definition points out that any distinction, exclusion or restriction which has the effect or purpose of impairing...' — CEDAW art.1."}]},{"id":"cedaw-c-gc-28-0006","docId":"cedaw-c-gc-28","idx":6,"n":6,"text":"Article 2 is crucial to the full implementation of the Convention, since it identifies the nature of the general legal obligations of States parties. The obligations enshrined in article 2 are inextricably linked with all other substantive provisions of the Convention, as States parties have the obligation to ensure that all the rights enshrined in the Convention are fully respected at the national level.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0007","docId":"cedaw-c-gc-28","idx":7,"n":7,"text":"Article 2 of the Convention should be read in conjunction with articles 3, 4, 5 and 24 and in the light of the definition of discrimination contained in article 1. In addition, the scope of the general obligations contained in article 2 should also be construed in the light of the general recommendations, concluding observations, views and other statements issued by the Committee, including the reports on the inquiry procedures and the decisions of individual cases. The spirit of the Convention covers other rights that are not explicitly mentioned in the Convention, but that have an impact on the achievement of equality of women with men, which impact represents a form of discrimination against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"24","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0008","docId":"cedaw-c-gc-28","idx":8,"n":8,"text":"Article 2 calls on States parties to condemn discrimination against women in “all its forms”, while article 3 refers to appropriate measures that States parties are expected to take in “all fields” to ensure the full development and advancement of women. Through these provisions, the Convention anticipates the emergence of new forms of discrimination that had not been identified at the time of its drafting.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-c-gc-28-0009","docId":"cedaw-c-gc-28","idx":9,"n":9,"text":"Under article 2, States parties must address all aspects of their legal obligations under the Convention to respect, protect and fulfil women’s right to non-discrimination and to the enjoyment of equality. The obligation to respect requires that States parties refrain from making laws, policies, regulations, programmes, administrative procedures and institutional structures that directly or indirectly result in the denial of the equal enjoyment by women of their civil, political, economic, social and cultural rights. The obligation to protect requires that States parties protect women from discrimination by private actors and take steps directly aimed at eliminating customary and all other practices that prejudice and perpetuate the notion of inferiority or superiority of either of the sexes, and of stereotyped roles for men and women. The obligation to fulfil requires that States parties take a wide variety of steps to ensure that women and men enjoy equal rights de jure and de facto, including, where appropriate, the adoption of temporary special measures in line with article 4, paragraph 1, of the Convention and general recommendation No. 25 on article 4, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women, on temporary special measures. This entails obligations of means or conduct and obligations of results. States parties should consider that they have to fulfil their legal obligations to all women through designing public policies, programmes and institutional frameworks that are aimed at fulfilling the specific needs of women leading to the full development of their potential on an equal basis with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-28-0010","docId":"cedaw-c-gc-28","idx":10,"n":10,"text":"States parties have an obligation not to cause discrimination against women through acts or omissions; they are further obliged to react actively against discrimination against women, regardless of whether such acts or omissions are perpetrated by the State or by private actors. Discrimination can occur through the failure of States to take necessary legislative measures to ensure the full realization of women’s rights, the failure to adopt national policies aimed at achieving equality between women and men and the failure to enforce relevant laws. Likewise, States parties have an international responsibility to create and continuously improve statistical databases and the analysis of all forms of discrimination against women in general and against women belonging to specific vulnerable groups in particular.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"]},{"id":"cedaw-c-gc-28-0011","docId":"cedaw-c-gc-28","idx":11,"n":11,"text":"The obligations of States parties do not cease in periods of armed conflict or in states of emergency resulting from political events or natural disasters. Such situations have a deep impact on and broad consequences for the equal enjoyment and exercise by women of their fundamental rights. States parties should adopt strategies and take measures addressed to the particular needs of women in times of armed conflict and states of emergency.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"]},{"id":"cedaw-c-gc-28-0012","docId":"cedaw-c-gc-28","idx":12,"n":12,"text":"Although subject to international law, States primarily exercise territorial jurisdiction. The obligations of States parties apply, however, without discrimination both to citizens and non-citizens, including refugees, asylum-seekers, migrant workers and stateless persons, within their territory or effective control, even if not situated within the territory. States parties are responsible for all their actions affecting human rights, regardless of whether the affected persons are in their territory.","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"]},{"id":"cedaw-c-gc-28-0013","docId":"cedaw-c-gc-28","idx":13,"n":13,"text":"Article 2 is not limited to the prohibition of discrimination against women caused directly or indirectly by States parties. Article 2 also imposes a due diligence obligation on States parties to prevent discrimination by private actors. In some cases, a private actor’s acts or omission of acts may be attributed to the State under international law. States parties are thus obliged to ensure that private actors do not engage in discrimination against women as defined in the Convention. The appropriate measures that States parties are obliged to take include the regulation of the activities of private actors with regard to education, employment and health policies and practices, working conditions and work standards, and other areas in which private actors provide services or facilities, such as banking and housing.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0014","docId":"cedaw-c-gc-28","idx":14,"n":14,"text":"The introductory sentence of article 2 reads: “States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0015","docId":"cedaw-c-gc-28","idx":15,"n":15,"text":"The first obligation of States parties referred to in the chapeau of article 2 is the obligation to “condemn discrimination against women in all its forms”. States parties have an immediate and continuous obligation to condemn discrimination. They are obliged to proclaim to their population and the international community their total opposition to all forms of discrimination against women to all levels and branches of Government and their determination to bring about the elimination of discrimination against women. The term “discrimination in all its forms” clearly obligates the State party to be vigilant in condemning all forms of discrimination, including forms that are not explicitly mentioned in the Convention or that may be emerging.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0016","docId":"cedaw-c-gc-28","idx":16,"n":16,"text":"States parties are under an obligation to respect, protect and fulfil the right to non-discrimination of women and to ensure the development and advancement of women in order that they improve their position and implement their right of de jure and de facto or substantive equality with men. States parties shall ensure that there is neither direct nor indirect discrimination against women. Direct discrimination against women constitutes different treatment explicitly based on grounds of sex and gender differences. Indirect discrimination against women occurs when a law, policy, programme or practice appears to be neutral in so far as it relates to men and women, but has a discriminatory effect in practice on women because pre-existing inequalities are not addressed by the apparently neutral measure. Moreover, indirect discrimination can exacerbate existing inequalities owing to a failure to recognize structural and historical patterns of discrimination and unequal power relationships between women and men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0017","docId":"cedaw-c-gc-28","idx":17,"n":17,"text":"States parties also have an obligation to ensure that women are protected against discrimination committed by public authorities, the judiciary, organizations, enterprises or private individuals, in the public and private spheres. This protection shall be provided by competent tribunals and other public institutions and enforced by sanctions and remedies, where appropriate. States parties should ensure that all Government bodies and organs are fully aware of the principles of equality and non-discrimination on the basis of sex and gender and that adequate training and awareness-raising programmes are set up and carried out in this respect.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0018","docId":"cedaw-c-gc-28","idx":18,"n":18,"text":"Intersectionality is a basic concept for understanding the scope of the general obligations of States parties contained in article 2. The discrimination of women based on sex and gender is inextricably linked with other factors that affect women, such as race, ethnicity, religion or belief, health, status, age, class, caste and sexual orientation and gender identity. Discrimination on the basis of sex or gender may affect women belonging to such groups to a different degree or in different ways to men. States parties must legally recognize such intersecting forms of discrimination and their compounded negative impact on the women concerned and prohibit them. They also need to adopt and pursue policies and programmes designed to eliminate such occurrences, including, where appropriate, temporary special measures in accordance with article 4, paragraph 1, of the Convention and general recommendation No. 25.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-28-0019","docId":"cedaw-c-gc-28","idx":19,"n":19,"text":"Discrimination against women on the basis of sex and gender comprises, as stated in general recommendation No. 19 on violence against women, gender-based violence, namely, violence that is directed against a woman because she is a woman or violence that affects women disproportionately. It is a form of discrimination that seriously inhibits women’s ability to enjoy and exercise their human rights and fundamental freedoms on the basis of equality with men. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty, the violence that occurs within the family or domestic unit or within any other interpersonal relationship, or violence perpetrated or condoned by the State or its agents regardless of where it occurs. Gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence. States parties have a due diligence obligation to prevent, investigate, prosecute and punish such acts of gender-based violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0020","docId":"cedaw-c-gc-28","idx":20,"n":20,"text":"The obligation to fulfil encompasses the obligation of States parties to facilitate access to and provide for the full realization of women’s rights. The human rights of women shall be fulfilled by the promotion of de facto or substantive equality through all appropriate means, including through concrete and effective policies and programmes aimed at improving the position of women and achieving such equality, including where appropriate, through the adoption of temporary special measures in accordance with article 4, paragraph 1, and general recommendation No. 25.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-28-0021","docId":"cedaw-c-gc-28","idx":21,"n":21,"text":"States parties in particular are obliged to promote the equal rights of girls since girls are part of the larger community of women and are more vulnerable to discrimination in such areas as access to basic education, trafficking, maltreatment, exploitation and violence. All these situations of discrimination are aggravated when the victims are adolescents. Therefore, States shall pay attention to the specific needs of (adolescent) girls by providing education on sexual and reproductive health and carrying out programmes that are aimed at the prevention of HIV/AIDS, sexual exploitation and teenage pregnancy.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0022","docId":"cedaw-c-gc-28","idx":22,"n":22,"text":"Inherent to the principle of equality between men and women, or gender equality, is the concept that all human beings, regardless of sex, are free to develop their personal abilities, pursue their professional careers and make choices without the limitations set by stereotypes, rigid gender roles and prejudices. States parties are called upon to use exclusively the concepts of equality of women and men or gender equality and not to use the concept of gender equity in implementing their obligations under the Convention. The latter concept is used in some jurisdictions to refer to fair treatment of women and men, according to their respective needs. This may include equal treatment, or treatment that is different but considered equivalent in terms of rights, benefits, obligations and opportunities.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0023","docId":"cedaw-c-gc-28","idx":23,"n":23,"text":"States parties also agree to “pursue by all appropriate means” a policy of eliminating discrimination against women. This obligation to use means or a certain way of conduct gives a State party a great deal of flexibility for devising a policy that will be appropriate for its particular legal, political, economic, administrative and institutional framework and that can respond to the particular obstacles and resistance to the elimination of discrimination against women existing in that State party. Each State party must be able to justify the appropriateness of the particular means it has chosen and demonstrate whether it will achieve the intended effect and result. Ultimately, it is for the Committee to determine whether a State party has indeed adopted all necessary measures at the national level aimed at achieving the full realization of the rights recognized in the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0024","docId":"cedaw-c-gc-28","idx":24,"n":24,"text":"The main element of the introductory phrase of article 2 is the obligation of States parties to pursue a policy of eliminating discrimination against women. This requirement is an essential and critical component of a State party’s general legal obligation to implement the Convention. This means that the State party must immediately assess the de jure and de facto situation of women and take concrete steps to formulate and implement a policy that is targeted as clearly as possible towards the goal of fully eliminating all forms of discrimination against women and achieving women’s substantive equality with men. The emphasis is on movement forward: from the evaluation of the situation to the formulation and initial adoption of a comprehensive range of measures, to building on those measures continuously in the light of their effectiveness and new or emerging issues, in order to achieve the Convention’s goals. Such a policy must comprise constitutional and legislative guarantees, including an alignment with legal provisions at the domestic level and an amendment of conflicting legal provisions. It must also include other appropriate measures, such as comprehensive action plans and mechanisms for monitoring and implementing them, which provide a framework for the practical realization of the principle of formal and substantive equality of women and men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0025","docId":"cedaw-c-gc-28","idx":25,"n":25,"text":"The policy must be comprehensive in that it should apply to all fields of life, including those which are not explicitly mentioned in the text of the Convention. It must apply to both public and private economic spheres, as well as to the domestic sphere, and ensure that all branches of Government (executive, legislative and judicial branches) and all levels of Government assume their respective responsibilities for implementation. It should incorporate the entire range of measures that are appropriate and necessary in the particular circumstances of the State party.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0026","docId":"cedaw-c-gc-28","idx":26,"n":26,"text":"The policy must identify women within the jurisdiction of the State party (including non-citizen, migrant, refugee, asylum-seeking and stateless women) as the rights-bearers, with particular emphasis on the groups of women who are most marginalized and who may suffer from various forms of intersectional discrimination.","labels":["Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0027","docId":"cedaw-c-gc-28","idx":27,"n":27,"text":"The policy must ensure that women, as individuals and groups, have access to information about their rights under the Convention and are able to effectively promote and claim those rights. The State party should also ensure that women are able to participate actively in the development, implementation and monitoring of the policy. To this end, resources must be devoted to ensuring that human rights and women’s non-governmental organizations are well-informed, adequately consulted and generally able to play an active role in the initial and subsequent development of the policy.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0028","docId":"cedaw-c-gc-28","idx":28,"n":28,"text":"The policy must be action- and results-oriented in the sense that it should establish indicators, benchmarks and timelines, ensure adequate resourcing for all relevant actors and otherwise enable those actors to play their part in achieving the agreed benchmarks and goals. To this end, the policy must be linked to mainstream governmental budgetary processes in order to ensure that all aspects of the policy are adequately funded. It should provide for mechanisms that collect relevant sex-disaggregated data, enable effective monitoring, facilitate continuing evaluation and allow for the revision or supplementation of existing measures and the identification of any new measures that may be appropriate. Furthermore, the policy must ensure that there are strong and focused bodies (national women’s machinery) within the executive branch of the Government that will take initiatives, coordinate and oversee the preparation and implementation of legislation, policies and programmes necessary to fulfil the obligations of the State party under the Convention. These institutions should be empowered to provide advice and analysis directly to the highest levels of Government. The policy should also ensure that independent monitoring institutions, such as national human rights institutes or independent women’s commissions, are established or that existing national institutes receive a mandate to promote and protect the rights guaranteed under the Convention. The policy must engage the private sector, including business enterprises, the media, organizations, community groups and individuals, and enlist their involvement in adopting measures that will fulfil the goals of the Convention in the private economic sphere.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0029","docId":"cedaw-c-gc-28","idx":29,"n":29,"text":"The words “without delay” make it clear that the obligation of States parties to pursue their policy, by all appropriate means, is of an immediate nature. This language is unqualified, and does not allow for any delayed or purposely chosen incremental implementation of the obligations that States assume upon ratification of or accession to the Convention. It follows that a delay cannot be justified on any grounds, including political, social, cultural, religious, economic, resource or other considerations or constraints within the State. Where a State party is facing resource constraints or needs technical or other expertise to facilitate the implementation of its obligations under the Convention, it may be incumbent upon it to seek international cooperation in order to overcome these difficulties.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0030","docId":"cedaw-c-gc-28","idx":30,"n":30,"text":"Article 2 expresses the obligation of States parties to implement the Convention in a general way. Its substantive requirements provide the framework for the implementation of the specific obligations identified in article 2, subparagraphs (a)–(g), and all other substantive articles of the Convention.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0031","docId":"cedaw-c-gc-28","idx":31,"n":31,"text":"Subparagraphs (a), (f) and (g) establish the obligation of States parties to provide legal protection and to abolish or amend discriminatory laws and regulations as part of the policy of eliminating discrimination against women. States parties must ensure that, through constitutional amendments or by other appropriate legislative means, the principle of equality between women and men and of non-discrimination is enshrined in domestic law with an overriding and enforceable status. They must also enact legislation that prohibits discrimination in all fields of women’s lives under the Convention and throughout their lifespan. States parties have an obligation to take steps to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women. Certain groups of women, including women deprived of their liberty, refugees, asylum-seeking and migrant women, stateless women, lesbian women, disabled women, women victims of trafficking, widows and elderly women, are particularly vulnerable to discrimination through civil and penal laws, regulations and customary law and practices. By ratifying the Convention or acceding to it, States parties undertake to incorporate the Convention into their domestic legal systems or to give it otherwise appropriate legal effect within their domestic legal orders in order to secure the enforceability of its provisions at the national level. The question of direct applicability of the provisions of the Convention at the national level is a question of constitutional law and depends on the status of treaties within the domestic legal order. The Committee takes the view, however, that the rights to non-discrimination and equality in all fields of women’s lives throughout their lifespan, as enshrined in the Convention, may receive enhanced protection in those States where the Convention is automatically or through specific incorporation part of the domestic legal order. The Committee urges those States parties in which the Convention does not form part of the domestic legal order to consider incorporation of the Convention to render it part of domestic law, for example through a general law on equality, in order to facilitate the full realization of Convention rights as required by article 2.","labels":["Migrants","Women/girls","Persons with disabilities","LGBTI+","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0032","docId":"cedaw-c-gc-28","idx":32,"n":32,"text":"Subparagraph (b) contains the obligation of States parties to ensure that legislation prohibiting discrimination and promoting equality of women and men provides appropriate remedies for women who are subjected to discrimination contrary to the Convention. This obligation requires that States parties provide reparation to women whose rights under the Convention have been violated. Without reparation the obligation to provide an appropriate remedy is not discharged. Such remedies should include different forms of reparation, such as monetary compensation, restitution, rehabilitation and reinstatement; measures of satisfaction, such as public apologies, public memorials and guarantees of non-repetition; changes in relevant laws and practices; and bringing to justice the perpetrators of violations of human rights of women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"]},{"id":"cedaw-c-gc-28-0033","docId":"cedaw-c-gc-28","idx":33,"n":33,"text":"According to subparagraph (c), States parties must ensure that courts are bound to apply the principle of equality as embodied in the Convention and to interpret the law, to the maximum extent possible, in line with the obligations of States parties under the Convention. However, where it is not possible to do so, courts should draw any inconsistency between national law, including national religious and customary laws, and the State party’s obligations under the Convention to the attention of the appropriate authorities, since domestic laws may never be used as justification for failures by States parties to carry out their international obligations.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"]},{"id":"cedaw-c-gc-28-0034","docId":"cedaw-c-gc-28","idx":34,"n":34,"text":"States parties must ensure that women can invoke the principle of equality in support of complaints of acts of discrimination contrary to the Convention, committed by public officials or by private actors. States parties must further ensure that women have recourse to affordable, accessible and timely remedies, with legal aid and assistance as necessary, to be settled in a fair hearing by a competent and independent court or tribunal, where appropriate. Where discrimination against women also constitutes an abuse of other human rights, such as the right to life and physical integrity in, for example, cases of domestic and other forms of violence, States parties are obliged to initiate criminal proceedings, bring the perpetrator(s) to trial and impose appropriate penal sanctions. States parties should financially support independent associations and centres providing legal resources for women in their work to educate women about their rights to equality and assist them in pursuing remedies for discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"]},{"id":"cedaw-c-gc-28-0035","docId":"cedaw-c-gc-28","idx":35,"n":35,"text":"Subparagraph (d) establishes an obligation of States parties to abstain from engaging in any act or practice of direct or indirect discrimination against women. States parties must ensure that State institutions, agents, laws and policies do not directly or explicitly discriminate against women. They must also ensure that any laws, policies or actions that have the effect or result of generating discrimination are abolished.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"]},{"id":"cedaw-c-gc-28-0036","docId":"cedaw-c-gc-28","idx":36,"n":36,"text":"Subparagraph (e) establishes an obligation of States parties to eliminate discrimination by any public or private actor. The types of measures that might be considered appropriate in this respect are not limited to constitutional or legislative measures. States parties should also adopt measures that ensure the practical realization of the elimination of discrimination against women and women’s equality with men. This includes measures that: ensure that women are able to make complaints about violations of their rights under the Convention and have access to effective remedies; enable women to be actively involved in the formulation and implementation of measures; ensure Government accountability domestically; promote education and support for the goals of the Convention throughout the education system and in the community; encourage the work of human rights and women’s non-governmental organizations; establish the necessary national human rights institutions or other machineries; and provide adequate administrative and financial support to ensure that the measures adopted make a real difference in women’s lives in practice. The obligations incumbent upon States parties that require them to establish legal protection of the rights of women on an equal basis with men, ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination and take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise also extend to acts of national corporations operating extraterritorially.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"]},{"id":"cedaw-c-gc-28-0037","docId":"cedaw-c-gc-28","idx":37,"n":37,"text":"In order to satisfy the requirement of “appropriateness”, the means adopted by States parties must address all aspects of their general obligations under the Convention to respect, protect, promote and fulfil women’s right to non-discrimination and to the enjoyment of equality with men. Thus the terms “appropriate means” and “appropriate measures” used in article 2 and other articles of the Convention comprise measures ensuring that a State party:\n(a) Abstains from performing, sponsoring or condoning any practice, policy or measure that violates the Convention (respect);\n(b) Takes steps to prevent, prohibit and punish violations of the Convention by third parties, including in the home and in the community, and to provide reparation to the victims of such violations (protect);\n(c) Fosters wide knowledge about and support for its obligations under the Convention (promote);\n(d) Adopts temporary special measures that achieve sex non-discrimination and gender equality in practice (fulfil).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","A. Implementation"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0038","docId":"cedaw-c-gc-28","idx":38,"n":38,"text":"States parties should also adopt other appropriate measures of implementation such as:\n(a) Promoting equality of women through the formulation and implementation of national plans of action and other relevant policies and programmes in line with the Beijing Declaration and Platform for Action, and allocating adequate human and financial resources;\n(b) Establishing codes of conduct for public officials to ensure respect for the principles of equality and non-discrimination;\n(c) Ensuring that reports of court decisions applying the provisions of the Convention on the equality and non-discrimination principles are widely distributed;\n(d) Undertaking specific education and training programmes about the principles and provisions of the Convention directed to all Government agencies, public officials and, in particular, the legal profession and the judiciary;\n(e) Enlisting all media in public education programmes about the equality of women and men, and ensuring in particular that women are aware of their right to equality without discrimination, of the measures taken by the State party to implement the Convention, and of the concluding observations by the Committee on the reports of the State party;\n(f) Developing and establishing valid indicators of the status of and progress in the realization of human rights of women, and establishing and maintaining databases disaggregated by sex and related to the specific provisions of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","A. Implementation"]},{"id":"cedaw-c-gc-28-0039","docId":"cedaw-c-gc-28","idx":39,"n":39,"text":"The accountability of the States parties to implement their obligations under article 2 is engaged through the acts or omissions of acts of all branches of Government. The decentralization of power, through devolution and delegation of Government powers in both unitary and federal States, does not in any way negate or reduce the direct responsibility of the State party’s national or federal Government to fulfil its obligations to all women within its jurisdiction. In all circumstances, the State party that ratified or acceded to the Convention remains responsible for ensuring full implementation throughout the territories under its jurisdiction. In any process of devolution, States parties have to make sure that the devolved authorities have the necessary financial, human and other resources to effectively and fully implement the obligations of the State party under the Convention. The Governments of States parties must retain powers to require such full compliance with the Convention and must establish permanent coordination and monitoring mechanisms to ensure that the Convention is respected and applied to all women within their jurisdiction without discrimination. Furthermore, there must be safeguards to ensure that decentralization or devolution does not lead to discrimination with regard to the enjoyment of rights by women in different regions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","B. Accountability"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0040","docId":"cedaw-c-gc-28","idx":40,"n":40,"text":"Effective implementation of the Convention requires that a State party be accountable to its citizens and other members of its community at both the national and international levels. In order for this accountability function to work effectively, appropriate mechanisms and institutions must be put in place.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","B. Accountability"]},{"id":"cedaw-c-gc-28-0041","docId":"cedaw-c-gc-28","idx":41,"n":41,"text":"The Committee considers article 2 to be the very essence of the obligations of States parties under the Convention. The Committee therefore considers reservations to article 2 or to subparagraphs of article 2 to be, in principle, incompatible with the object and purpose of the Convention and thus impermissible under article 28, paragraph 2. States parties that have entered reservations to article 2 or to subparagraphs of article 2 should explain the practical effect of those reservations on the implementation of the Convention and should indicate the steps taken to keep the reservations under review, with the goal of withdrawing them as soon as possible.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","C. Reservations"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"28","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0042","docId":"cedaw-c-gc-28","idx":42,"n":42,"text":"The fact that a State party has entered a reservation to article 2 or to subparagraphs of article 2 does not remove the need for that State party to comply with its other obligations under international law, including its obligations under other human rights treaties that the State party has ratified or to which it has acceded and under customary international human rights law relating to the elimination of discrimination against women. Where there is a discrepancy between reservations to provisions of the Convention and similar obligations under other international human rights treaties ratified by a State party or to which it has acceded, it should review its reservations to the Convention with a view to withdrawing them.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","C. Reservations"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-29-0001","docId":"cedaw-c-gc-29","idx":1,"n":1,"text":"1. As stated in the Universal Declaration of Human Rights, the family is the basic unit of society.[[fn:1]] It is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. Family market research has established that family structures, gendered labour division within the family and family laws affect women’s economic well-being no less than labour market structures and labour laws. Indeed, women often do not equally enjoy their family’s economic wealth and gains, they usually bear the greater cost of the breakdown of the family than men and may be left destitute upon widowhood, especially if they have children and particularly where the State provides little or no economic safety net.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"footnotes":[{"n":1,"text":"Resolution 217 A (III), article 16 (3)."}],"section":["I. Background"]},{"id":"cedaw-c-gc-29-0002","docId":"cedaw-c-gc-29","idx":2,"n":2,"text":"2. Inequality in the family underlies all other aspects of discrimination against women and is often justified in the name of ideology, tradition and culture. An examination of the reports of States parties reveals that in many States, the rights and responsibilities of married partners are governed by the principles of civil or common law, religious or customary laws and practices, or some combination of such laws and practices that discriminate against women and do not comply with the principles set out in the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Background"]},{"id":"cedaw-c-gc-29-0003","docId":"cedaw-c-gc-29","idx":3,"n":3,"text":"3. Many of the States parties that maintain such legal arrangements have entered reservations to all or parts of articles 2 and 16. The Committee on the Elimination of Discrimination against Women has repeatedly noted with concern the extent of these reservations, which it considers invalid because they are incompatible with the object and purpose of the Convention. It has consistently called upon these States parties to withdraw their reservations and ensure that their legal systems, whether civil, religious, customary, or ethnic or some combination thereof, conform to the Convention in general and to article 16 in particular.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Background"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-29-0004","docId":"cedaw-c-gc-29","idx":4,"n":4,"text":"4. The economic consequences for women of marriage, divorce, separation and death have been of growing concern to the Committee. Research conducted in some countries has found that while men usually experience smaller, if not minimal, income losses after divorce and/or separation, many women experience a substantial decline in household income and increased dependence on social welfare, where it is available. Throughout the world, female-headed households are the most likely to be poor. Their status is inevitably affected by global developments such as the market economy and its crises; women’s increasing entry into the paid workforce and their concentration in low-paying jobs; persistent income inequality within and between States; growth in divorce rates and in de facto unions; the reform of social security systems or the launching of new ones; and, above all, the persistence of women’s poverty. Despite women’s contributions to the economic well-being of the family, their economic inferiority permeates all stages of family relationships, often owing to their responsibility for dependants.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Background"]},{"id":"cedaw-c-gc-29-0005","docId":"cedaw-c-gc-29","idx":5,"n":5,"text":"5. Regardless of the vast range of economic arrangements within the family, women in both developing and developed countries generally share the experience of being worse off economically than men in family relationships and following the dissolution of those relationships. Social security systems, nominally designed to improve economic status, may also discriminate against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Background"]},{"id":"cedaw-c-gc-29-0006","docId":"cedaw-c-gc-29","idx":6,"n":6,"text":"6. Article 16 of the Convention provides for the elimination of discrimination against women at the inception of marriage, during marriage and at its dissolution by divorce or death. In 1994, the Committee adopted general recommendation No. 21, which elaborated upon many aspects of article 16 as well as its relationship to articles 9 and 15. General recommendation No. 21 notes that article 16 (1) (h) specifically refers to the economic dimensions of marriage and its dissolution. The present general recommendation builds upon the principles articulated in general recommendation No. 21, other relevant general recommendations, such as general recommendation No. 27, and the Committee’s jurisprudence. It invokes the definition of discrimination contained in article 1 of the Convention and calls upon States parties to take legal and policy measures as required under article 2 of the Convention and general recommendation No. 28. It also integrates the social and legal developments that have taken place since the adoption of general recommendation No. 21, such as the adoption by some State parties of laws on registered partnerships and/or de facto unions, as well as the increase in the number of couples living in such relationships.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Purpose and scope of the general recommendation"],"citedArticles":[{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-29-0007","docId":"cedaw-c-gc-29","idx":7,"n":7,"text":"7. The entitlement of women to equality within the family is universally acknowledged, as evidenced by the related general comments of other human rights treaty bodies: Human Rights Committee general comment No. 28, on equality of rights between men and women (in particular paras. 23-27), and general comment No. 19, on protection of the family, the right to marriage and equality of the spouses; and Committee on Economic, Social and Cultural Rights general comment No. 16, on the equal right of men and women to the enjoyment of all economic, social and cultural rights (in particular para. 27), and general comment No. 20, on non-discrimination in economic, social and cultural rights. Important global political documents such as the Beijing Platform for Action[[fn:2]] and the Millennium Development Goals also refer to equality in the family as a fundamental principle.[[fn:3]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"footnotes":[{"n":2,"text":"Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex II, para. 61."},{"n":3,"text":"See resolution 55/2; see also the Millennium Project, Goal 3, available from http://www.unmillenniumproject. org/goals/index.htm."}],"section":["II. Purpose and scope of the general recommendation"]},{"id":"cedaw-c-gc-29-0008","docId":"cedaw-c-gc-29","idx":8,"n":8,"text":"8. The Committee has consistently concluded that the elimination of discrimination against women requires States parties to provide for substantive as well as formal equality. Formal equality may be achieved by adopting gender-neutral laws and policies, which on their face treat women and men equally. Substantive equality can be achieved only when the States parties examine the application and effects of laws and policies and ensure that they provide for equality in fact, accounting for women’s disadvantage or exclusion. In respect of the economic dimensions of family relations, a substantive equality approach must address matters such as discrimination in education and employment, the compatibility of work requirements and family needs, and the impact of gender stereotypes and gender roles on women’s economic capacity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Purpose and scope of the general recommendation"]},{"id":"cedaw-c-gc-29-0009","docId":"cedaw-c-gc-29","idx":9,"n":9,"text":"9. The present general recommendation will serve as a guide for States parties in achieving a de jure and de facto egalitarian regime under which the economic benefits and costs of family relations and the economic consequences of their dissolution are borne equally by men and women. It will establish the norm for evaluating implementation by States parties of the Convention with respect to economic equality in the family.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Purpose and scope of the general recommendation"]},{"id":"cedaw-c-gc-29-0010","docId":"cedaw-c-gc-29","idx":10,"n":10,"text":"10. The constitutions or legal frameworks of a number of States parties still provide that personal status laws (relating to marriage, divorce, distribution of marital property, inheritance, guardianship, adoption and other such matters) are exempt from constitutional provisions prohibiting discrimination or reserve matters of personal status to the ethnic and religious communities within the State party to determine. In such cases, constitutional equal protection provisions and anti-discrimination provisions do not protect women from the discriminatory effects of marriage under customary practices and religious laws. Some States parties have adopted constitutions that include equal protection and nondiscrimination provisions but have not revised or adopted legislation to eliminate the discriminatory aspects of their family law regimes, whether they are regulated by civil code, religious law, ethnic custom or any combination of laws and practices. All these constitutional and legal frameworks are discriminatory, in violation of article 2 in conjunction with articles 5, 15 and 16 of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-29-0011","docId":"cedaw-c-gc-29","idx":11,"n":11,"text":"11. States parties should guarantee equality between women and men in their constitutions and should eliminate any constitutional exemptions that would serve to protect or preserve discriminatory laws and practices with regard to family relations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework"]},{"id":"cedaw-c-gc-29-0012","docId":"cedaw-c-gc-29","idx":12,"n":12,"text":"12. Some States parties have multiple legal systems in which different personal status laws apply to individuals on the basis of identity factors such as ethnicity or religion. Some, but not all, of these States parties also have a civil legal code that may apply in prescribed circumstances or by choice of the parties. In some States, however, individuals may have no choice as to the application of identity-based personal status laws.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework","Multiple family law systems"]},{"id":"cedaw-c-gc-29-0013","docId":"cedaw-c-gc-29","idx":13,"n":13,"text":"13. The extent to which individuals are free to choose their religious or customary adherence and practice varies, as does their freedom to challenge the discrimination against women enshrined in the laws and customs of their State or community.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework","Multiple family law systems"]},{"id":"cedaw-c-gc-29-0014","docId":"cedaw-c-gc-29","idx":14,"n":14,"text":"14. The Committee has consistently expressed concern that identity-based personal status laws and customs perpetuate discrimination against women and that the preservation of multiple legal systems is in itself discriminatory against women. The lack of individual choice relating to the application or observance of particular laws and customs exacerbates this discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework","Multiple family law systems"]},{"id":"cedaw-c-gc-29-0015","docId":"cedaw-c-gc-29","idx":15,"n":15,"text":"15. States parties should adopt written family codes or personal status laws that provide for equality between spouses or partners irrespective of their religious or ethnic identity or community, in accordance with the Convention and the Committee’s general recommendations. In the absence of a unified family law, the system of personal status laws should provide for individual choice as to the application of religious law, ethnic custom or civil law at any stage of the relationship. Personal laws should embody the fundamental principle of equality between women and men and should be fully harmonized with the provisions of the Convention so as to eliminate all discrimination against women in all matters relating to marriage and family relations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework","Multiple family law systems"]},{"id":"cedaw-c-gc-29-0016","docId":"cedaw-c-gc-29","idx":16,"n":16,"text":"16. In general recommendation No. 21, paragraph 13, the Committee acknowledges that families take many forms and underscores the obligation of equality within the family under all systems, “both at law and in private”.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0017","docId":"cedaw-c-gc-29","idx":17,"n":17,"text":"17. Statements by other entities in the United Nations system confirm the understanding that “the concept of ‘family’ must be understood in a wide sense”.[[fn:4]] The Human Rights Committee, in para. 27 of its general comment No. 28, acknowledges the “various forms of family”. In his report on observance of the International Year of the Family, the Secretary-General confirms that “families assume diverse forms and functions among and within countries”.[[fn:5]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"footnotes":[{"n":4,"text":"See general comment No. 4 of the Committee on Economic, Social and Cultural Rights, on the right to adequate housing (article 11 (1) of the International Covenant on Economic, Social and Cultural Rights), para. 6."},{"n":5,"text":"A/50/370, para 14."}],"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0018","docId":"cedaw-c-gc-29","idx":18,"n":18,"text":"18. States parties are obligated to address the sex- and gender-based discriminatory aspects of all the various forms of family and family relationships. In respect of discrimination against women, they must address patriarchal traditions and attitudes and open family law and policy with the same scrutiny that is given to the “public” aspects of individual and community life.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0019","docId":"cedaw-c-gc-29","idx":19,"n":19,"text":"19. Marriages may be formed through a variety of customs, ceremonies and rituals that may be sanctioned by the State. Civil marriage is sanctioned solely by the State and is registered. Religious marriage is solemnized through the performance of ritual(s) prescribed by religious law. Customary marriage is undertaken by the performance of ritual(s) prescribed by the customs of the parties’ community.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0020","docId":"cedaw-c-gc-29","idx":20,"n":20,"text":"20. Some States parties do not require registration of religious and customary marriages in order for them to be valid. Unregistered marriages may be substantiated by production of a marriage contract, witness accounts of the rituals or other means, as appropriate in the circumstances.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0021","docId":"cedaw-c-gc-29","idx":21,"n":21,"text":"21. Some States parties that recognize polygamous marriages, under either religious or customary law, also provide for civil marriage, monogamous by definition. Where civil marriage is not provided for, women in communities that practice polygamy may have no choice but to enter into a marriage that is at least potentially, if not already, polygamous, regardless of their wishes. The Committee concluded in general recommendation No. 21 that polygamy is contrary to the Convention and must be “discouraged and prohibited”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0022","docId":"cedaw-c-gc-29","idx":22,"n":22,"text":"22. In some States parties, the law also provides for registered partnerships and establishes rights and responsibilities between the parties. States may extend social and tax benefits to registered partnerships to varying degrees.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0023","docId":"cedaw-c-gc-29","idx":23,"n":23,"text":"23. De facto unions are not registered and often do not give rise to any rights. Some States, however, recognize de facto unions and establish equal rights and responsibilities for them that can vary in scope and depth.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0024","docId":"cedaw-c-gc-29","idx":24,"n":24,"text":"24. Certain forms of relationships (namely, same-sex relationships) are not legally, socially or culturally accepted in a considerable number of States parties. However, where they are recognized, whether as a de facto union, registered partnership or marriage, the State party should ensure protection of the economic rights of the women in those relationships.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0025","docId":"cedaw-c-gc-29","idx":25,"n":25,"text":"25. Registration of marriage protects the rights of spouses with regard to property issues upon dissolution of the marriage by death or divorce. The Convention obligates States parties to establish and fully implement a system of marriage registration. However, many States parties lack either a legal requirement of marriage registration or implementation of existing registration requirements, and in such instances individuals should not be penalized for failure to register, including where lack of education and infrastructure makes registration difficult.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","Customary/religious unregistered marriages"]},{"id":"cedaw-c-gc-29-0026","docId":"cedaw-c-gc-29","idx":26,"n":26,"text":"26. States parties should establish a legal requirement of marriage registration and conduct effective awareness-raising activities to that effect. They must provide for implementation through education about the requirements and provide infrastructure to make registration accessible to all persons within their jurisdiction. States parties should provide for establishing proof of marriage by means other than registration where circumstances warrant. The State must protect the rights of women in such marriages, regardless of their registration status.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","Customary/religious unregistered marriages"]},{"id":"cedaw-c-gc-29-0027","docId":"cedaw-c-gc-29","idx":27,"n":27,"text":"27. The Committee reaffirms paragraph 14 of its general recommendation No. 21, which states that “polygamous marriage contravenes a woman’s right to equality with men, and can have such serious emotional and financial consequences for her and her dependants that such marriages ought to be discouraged and prohibited”. Since the adoption of this general recommendation, the Committee has consistently noted with concern the persistence of polygamous marriages in many States parties. In its concluding observations, the Committee has pointed to the grave ramifications of polygamy for the human rights and economic well-being of women and their children, and has consistently called for its abolition.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","Polygamous marriages"]},{"id":"cedaw-c-gc-29-0028","docId":"cedaw-c-gc-29","idx":28,"n":28,"text":"28. States parties should take all legislative and policy measures needed to abolish polygamous marriages. Nevertheless, as stated by the Committee in its general recommendation No. 27, “polygamy is still practised in many States Parties, and many women are in polygamous unions”. Accordingly, with regard to women in existing polygamous marriages, States parties should take the necessary measures to ensure the protection of the economic rights of women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","Polygamous marriages"]},{"id":"cedaw-c-gc-29-0029","docId":"cedaw-c-gc-29","idx":29,"n":29,"text":"29. States parties that provide for registered partnerships must ensure equal rights, responsibilities and treatment between the partners in economic matters addressed by the legislation on those partnerships. The recommendations contained below apply mutatis mutandis in States parties that recognize registered partnerships in their legal order.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","Registered partnerships"]},{"id":"cedaw-c-gc-29-0030","docId":"cedaw-c-gc-29","idx":30,"n":30,"text":"30. Women enter de facto unions for a variety of reasons. Some States provide a legal framework for recognizing de facto unions at some point, such as upon the death of a partner or the dissolution of the relationship. Where such legal frameworks do not exist, women may be exposed to economic risks when a cohabiting relationship ends, including when they have contributed to maintaining a household and to building other assets.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","De facto unions"]},{"id":"cedaw-c-gc-29-0031","docId":"cedaw-c-gc-29","idx":31,"n":31,"text":"31. The Committee determined in its general recommendation No. 21 that the elimination of discrimination against women in de facto unions is included in State party obligations under article 16 (1). In States parties where such unions exist, and with regard to relationships in which neither partner is married to another person or is in a registered partnership with another person, the Committee recommends that the State party consider the situation of women in these unions, and of the children resulting from them, and take the necessary measures to ensure the protection of their economic rights. In countries where de facto unions are recognized by law, the recommendations contained below apply mutatis mutandis.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","De facto unions"],"citedArticles":[{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-29-0032","docId":"cedaw-c-gc-29","idx":32,"n":32,"text":"32. States parties should provide to individuals entering into marriage information on the economic consequences of the marital relationship and of its potential dissolution by divorce or death. Where the States parties provide for registered partnerships, the same information should be provided to them.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Economic aspects of family formation"]},{"id":"cedaw-c-gc-29-0033","docId":"cedaw-c-gc-29","idx":33,"n":33,"text":"33. In general recommendation No. 21, paragraph 16, the Committee notes that some State parties “allow marriage to be arranged for payment or preferment”, which is a violation of a woman’s right to freely choose her spouse. “Payment or preferment” refers to transactions in which cash, goods or livestock are given to the bride or her family by the groom or his family, or when a similar payment is made by the bride or her family to the groom or his family. This practice should not be in any way required in order for a marriage to be valid, and such agreements should not be recognized by the State party as enforceable.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Economic aspects of family formation","Payment or preferment as a requirement of marriage"]},{"id":"cedaw-c-gc-29-0034","docId":"cedaw-c-gc-29","idx":34,"n":34,"text":"34. In some systems, marriages or other recognized forms of union may be undertaken only by written contract. Some systems allow the option of contractual agreements concerning property to be undertaken prior to or during the marriage. States must ascertain that women are not left with less protection than they would have under the standard or default marriage provisions, owing to grave inequality in bargaining power.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Economic aspects of family formation","Contracts: prenuptial and postnuptial agreements"]},{"id":"cedaw-c-gc-29-0035","docId":"cedaw-c-gc-29","idx":35,"n":35,"text":"35. When States parties provide for the possibility of making private contractual arrangements with respect to the distribution of marital and other property following the dissolution of marriage, they should take measures to guarantee non-discrimination, respect public order, prevent the abuse of unequal bargaining power and protect each spouse from abuse of power in making such contracts. These protective measures may include requiring that such agreements be written or subject to other formal requirements and providing for retroactive invalidation or for financial or other remedies if the contract is found to be abusive.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Economic aspects of family formation","Contracts: prenuptial and postnuptial agreements"]},{"id":"cedaw-c-gc-29-0036","docId":"cedaw-c-gc-29","idx":36,"n":36,"text":"36. A number of States parties retain discriminatory systems of property management during the marriage. Some retain laws stating that the man is the head of the household, thus giving him the role of sole economic agent as well.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VI. Economic aspects during the relationship"]},{"id":"cedaw-c-gc-29-0037","docId":"cedaw-c-gc-29","idx":37,"n":37,"text":"37. Where a community property regime is the norm, nominally providing that half of the marital property is theirs, women still may not have the right to manage the property. In many legal systems, women may retain the right to manage property that they own individually and may accumulate and manage additional separate property during the marriage. However, property accumulated by virtue of women’s economic activity may be considered as belonging to the marital household, and women may not have a recognized right to manage it. This may be the case even with regard to women’s own wages.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VI. Economic aspects during the relationship"]},{"id":"cedaw-c-gc-29-0038","docId":"cedaw-c-gc-29","idx":38,"n":38,"text":"38. States parties should provide for equal access by both spouses to the marital property and equal legal capacity to manage it. They should ensure that the right of women to own, acquire, manage, administer and enjoy separate or non-marital property is equal to that of men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VI. Economic aspects during the relationship"]},{"id":"cedaw-c-gc-29-0039","docId":"cedaw-c-gc-29","idx":39,"n":39,"text":"39. Some legal systems make a direct link between grounds for divorce and the financial consequences of divorce. Fault-based divorce regimes may condition financial rights on the lack of fault. They may be abused by husbands to eliminate any financial obligation towards their wives. In many legal systems, no financial support is awarded to wives against whom a fault-based divorce has been pronounced. Fault-based divorce regimes may include different standards of fault for wives and husbands, such as requiring proof of greater infidelity by a husband than by a wife as a basis for divorce. Fault-based economic frameworks frequently work to the detriment of the wife, who is usually the financially dependent spouse.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Grounds for divorce and financial consequences"]},{"id":"cedaw-c-gc-29-0040","docId":"cedaw-c-gc-29","idx":40,"n":40,"text":"States parties should: Revise provisions linking grounds for divorce and financial consequences in order to eliminate opportunities for husbands to abuse these provisions and thereby to avoid any financial obligations towards their wives. Revise provisions relating to fault-based divorce in order to provide compensation for the contributions made by the wife to the family’s economic well-being during the marriage. Eliminate differences in the standards of fault for wives and for husbands, such as requiring proof of greater infidelity by a husband than by a wife as a basis for divorce.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Grounds for divorce and financial consequences"]},{"id":"cedaw-c-gc-29-0041","docId":"cedaw-c-gc-29","idx":41,"n":41,"text":"41. Some legal regimes require the wife or her family to return to the husband or his family any economic benefits in the form of payment or preferment, or other such payments that were an element of marriage formation, and do not impose equal economic requirements on a divorcing husband. States parties should eliminate any procedural requirement for payments to obtain a divorce that does not apply equally to husbands and wives.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Grounds for divorce and financial consequences"]},{"id":"cedaw-c-gc-29-0042","docId":"cedaw-c-gc-29","idx":42,"n":42,"text":"42. States parties should provide for separating the principles and procedure dissolving the marriage relationship from those relating to the economic aspects of the dissolution. Free legal aid should be provided to women who do not have the means to pay for court costs and attorney fees, so as to ensure that no woman is forced to forgo her economic rights to obtain a divorce.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Grounds for divorce and financial consequences"]},{"id":"cedaw-c-gc-29-0043","docId":"cedaw-c-gc-29","idx":43,"n":43,"text":"43. Most laws, customs and practices relating to the financial consequences of marriage dissolution can be broadly classified into two categories: distribution of property and maintenance after divorce or separation. Property distribution and post-dissolution maintenance regimes often favour husbands regardless of whether laws appear neutral, owing to gendered assumptions relating to the classification of marital property subject to division, insufficient recognition of non-financial contributions, women’s lack of legal capacity to manage property and gendered family roles. In addition, laws, customs and practices relating to the post-dissolution use of the family home and chattels clearly have an impact on women’s postdissolution economic status.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0044","docId":"cedaw-c-gc-29","idx":44,"n":44,"text":"44. Women may be barred from claiming property rights for lack of recognized capacity to own or manage property, or the property regime may not recognize property accumulated during the marriage as subject to division between the parties. Interrupted education and employment histories and childcare responsibilities frequently prevent women from establishing a path to paid employment (opportunity cost) sufficient to support their post-dissolution family. These social and economic factors also prevent women living under a regime of separate property from increasing their individual property during marriage.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0045","docId":"cedaw-c-gc-29","idx":45,"n":45,"text":"45. The guiding principle should be that the economic advantages and disadvantages related to the relationship and its dissolution should be borne equally by both parties. The division of roles and functions during the spouses’ life together should not result in detrimental economic consequences for either party.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0046","docId":"cedaw-c-gc-29","idx":46,"n":46,"text":"46. States parties are obligated to provide, upon divorce and/or separation, for equality between the parties in the division of all property accumulated during the marriage. States parties should recognize the value of indirect, including nonfinancial, contributions with regard to the acquisition of property acquired during the marriage.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0047","docId":"cedaw-c-gc-29","idx":47,"n":47,"text":"47. States parties should provide for equal formal and de facto legal capacity to own and manage property. To achieve both formal and substantive equality with respect to property rights upon the dissolution of marriage, States parties are strongly encouraged to provide for:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0048","docId":"cedaw-c-gc-29","idx":48,"n":48,"text":"48. States parties should undertake research and policy studies on women’s economic status within the family and upon the dissolution of family relationships and publish the results in accessible forms.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0049","docId":"cedaw-c-gc-29","idx":49,"n":49,"text":"49. Many States parties, by law or custom, deny widows equality with widowers in respect of inheritance, leaving them vulnerable economically upon the death of a spouse. Some legal systems formally provide widows with other means of economic security, such as through support payments from male relatives or from the estate of the deceased. However, in practice, these obligations may not be enforced.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Property rights after death"]},{"id":"cedaw-c-gc-29-0050","docId":"cedaw-c-gc-29","idx":50,"n":50,"text":"50. Under customary forms of landholding, which may limit individual purchase or transfer and may only be subject to right of use, upon the death of the husband, the wife or wives may be told to leave the land or may be required to marry a brother of the deceased in order to remain on the land. The existence of offspring, or lack of offspring, may be a major factor in such marriage requirements. In some States parties, widows are subject to “property dispossession” or “property grabbing”, in which relatives of a deceased husband, claiming customary rights, dispossess the widow and her children from property accumulated during the marriage, including property that is not held according to custom. They remove the widow from the family home and claim all the chattels, then ignore their concomitant customary responsibility to support the widow and children. In some States parties, widows are marginalized or banished to a different community.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Property rights after death"]},{"id":"cedaw-c-gc-29-0051","docId":"cedaw-c-gc-29","idx":51,"n":51,"text":"51. Survivorship rights to social security payments (pensions and disability payments) and in contributory pension systems play a large role in States parties in which couples pay significant sums into those systems during the relationship. States parties are obligated to provide for equality between men and women in terms of spousal and survivorship benefits from social security and pension systems.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Property rights after death"]},{"id":"cedaw-c-gc-29-0052","docId":"cedaw-c-gc-29","idx":52,"n":52,"text":"52. The laws or practices of some States parties restrict the use of a will to override discriminatory laws and customs and increase women’s share of inheritance. States parties are obligated to adopt laws relating to the making of wills that provide equal rights to women and men as testators, heirs and beneficiaries.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Property rights after death"]},{"id":"cedaw-c-gc-29-0053","docId":"cedaw-c-gc-29","idx":53,"n":53,"text":"53. States parties are obligated to adopt laws of intestate succession that comply with the principles of the Convention. Such laws should ensure:","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Property rights after death"]},{"id":"cedaw-c-gc-29-0054","docId":"cedaw-c-gc-29","idx":54,"n":54,"text":"54. In its 1998 statement on reservations to the Convention,[[fn:6]] the Committee expressed concern about the number and the nature of reservations. In paragraph 6, it specifically noted that:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"footnotes":[{"n":6,"text":"A/53/38/Rev.1, part two."}],"section":["VIII. Reservations"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-29-0055","docId":"cedaw-c-gc-29","idx":55,"n":55,"text":"55. With respect to reservations relating to religious laws and practices, the Committee recognizes that since 1998 a number of States parties have modified their laws to provide for equality in at least some aspects of family relations. It continues to recommend that States parties take “into consideration the experiences of countries with similar religious backgrounds and legal systems that have successfully accommodated domestic legislation to commitments emanating from international legally binding instruments, with a view to” withdrawing reservations.[[fn:7]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"footnotes":[{"n":7,"text":"CEDAW/C/ARE/CO/1 (2010), on concluding observations, United Arab Emirates, para. 46."}],"section":["VIII. Reservations"]},{"id":"cedaw-c-gc-30-0001","docId":"cedaw-c-gc-30","idx":1,"n":1,"text":"The Committee on the Elimination of Discrimination against Women decided at its forty-seventh session, in 2010, pursuant to article 21 of the Convention on the Elimination of All Forms of Discrimination against Women, to adopt a general recommendation on women in conflict prevention, conflict and post-conflict situations. The primary aim and purpose of the general recommendation is to provide authoritative guidance to States parties on legislative, policy and other appropriate measures to ensure full compliance with their obligations under the Convention to protect, respect and fulfil women’s human rights. It also builds upon principles articulated in previously adopted general recommendations.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"}]},{"id":"cedaw-c-gc-30-0002","docId":"cedaw-c-gc-30","idx":2,"n":2,"text":"Protecting women’s human rights at all times, advancing substantive gender equality before, during and after conflict and ensuring that women’s diverse experiences are fully integrated into all peacebuilding, peacemaking and reconstruction processes are important objectives of the Convention. The Committee reiterates that States parties’ obligations continue to apply during conflict or states of emergency without discrimination between citizens and non-citizens within their territory or effective control, even if not situated within the territory of the State party. The Committee has repeatedly expressed concern about the gendered impacts of conflict and women’s exclusion from conflict prevention efforts, post-conflict transition and reconstruction processes and the fact that reports of States parties do not provide sufficient information on the application of the Convention in such situations.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Introduction"]},{"id":"cedaw-c-gc-30-0003","docId":"cedaw-c-gc-30","idx":3,"n":3,"text":"The general recommendation specifically guides States parties on the implementation of their obligation of due diligence in respect of acts of private individuals or entities that impair the rights enshrined in the Convention, and makes suggestions as to how non-State actors can address women’s rights in conflict-affected areas.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Introduction"]},{"id":"cedaw-c-gc-30-0004","docId":"cedaw-c-gc-30","idx":4,"n":4,"text":"The general recommendation covers the application of the Convention to conflict prevention, international and non-international armed conflicts, situations of foreign occupation and other forms of occupation and the post-conflict phase. In addition, the recommendation covers other situations of concern, such as internal disturbances, protracted and low-intensity civil strife, political strife, ethnic and communal violence, states of emergency and suppression of mass uprisings, war against terrorism and organized crime, which may not necessarily be classified as armed conflict under international humanitarian law and which result in serious violations of women’s rights and are of particular concern to the Committee. For the purpose of the present general recommendation, the phases of conflict and post-conflict have at times been divided, given that they can encompass different challenges and opportunities with regard to addressing the human rights of women and girls. The Committee notes, however, that the transition from conflict to post-conflict is often not linear and can involve cessations of conflict and then slippages back into conflict, a cycle that can continue for long periods.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-30-0005","docId":"cedaw-c-gc-30","idx":5,"n":5,"text":"Such situations are closely linked to crises of internal displacement, statelessness and the struggle of refugee populations with repatriation processes. In that respect, the Committee reiterates its observation in general recommendation No. 28 that States parties continue to be responsible for all their actions affecting the human rights of citizens and non-citizens, internally displaced persons, refugees, asylum seekers and stateless persons, within their territory or effective control, even if not situated within their territory.","labels":["Refugees & asylum-seekers","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-30-0006","docId":"cedaw-c-gc-30","idx":6,"n":6,"text":"Women are not a homogenous group and their experiences of conflict and specific needs in post-conflict contexts are diverse. Women are not passive bystanders or only victims or targets. They have historically had and continue to have a role as combatants, as part of organized civil society, as human rights defenders, as members of resistance movements and as active agents in both formal and informal peacebuilding and recovery processes. States parties must address all aspects of their obligations under the Convention to eliminate discrimination against women.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-30-0007","docId":"cedaw-c-gc-30","idx":7,"n":7,"text":"Discrimination against women is also compounded by intersecting forms of discrimination, as noted in general recommendation No. 28. Given that the Convention reflects a life-cycle approach, States parties are also required to address the rights and distinct needs of conflict-affected girls that arise from gender-based discrimination.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-30-0008","docId":"cedaw-c-gc-30","idx":8,"n":8,"text":"The Committee reiterates general recommendation No. 28 to the effect that the obligations of States parties also apply extraterritorially to persons within their effective control, even if not situated within their territory, and that States parties are responsible for all their actions affecting human rights, regardless of whether the affected persons are in their territory.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","A. Territorial and extraterritorial application of the Convention"]},{"id":"cedaw-c-gc-30-0009","docId":"cedaw-c-gc-30","idx":9,"n":9,"text":"In conflict and post-conflict situations, States parties are bound to apply the Convention and other international human rights and humanitarian law when they exercise territorial or extraterritorial jurisdiction, whether individually, for example, in unilateral military action, or as members of international or intergovernmental organizations or coalitions, for example, as part of an international peacekeeping force. The Convention applies to a wide range of situations, including wherever a State exercises jurisdiction, such as occupation and other forms of administration of foreign territory, for example, United Nations administration of territory; to national contingents that form part of an international peacekeeping or peace-enforcement operation; to persons detained by agents of a State, such as the military or mercenaries, outside its territory; to lawful or unlawful military actions in another State; to bilateral or multilateral donor assistance for conflict prevention and humanitarian aid, mitigation or post-conflict reconstruction; in involvement as third parties in peace or negotiation processes; and in the formation of trade agreements with conflict-affected countries.","labels":["Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","A. Territorial and extraterritorial application of the Convention"]},{"id":"cedaw-c-gc-30-0010","docId":"cedaw-c-gc-30","idx":10,"n":10,"text":"The Convention also requires States parties to regulate the activities of domestic non-State actors within their effective control who operate extraterritorially. The Committee reaffirmed in its general recommendation No. 28 the requirement in article 2 (e) of the Convention to eliminate discrimination by any public or private actor, which extends to acts of national corporations operating extraterritorially. That would include cases in which the activities of national corporations in conflict-affected areas lead to women’s rights abuses and cases that call for the establishment of accountability and oversight mechanisms for private security and other contractors operating in conflict zones.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","A. Territorial and extraterritorial application of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-30-0011","docId":"cedaw-c-gc-30","idx":11,"n":11,"text":"There may be cases in which States parties also have extraterritorial obligations of international cooperation, as set out in international law, such as treaty law on women with disabilities (art. 32 of the Convention on the Rights of Persons with Disabilities), girls in armed conflict (art. 24 (4) of the Convention on the Rights of the Child and the first two optional protocols thereto) and the non-discriminatory enjoyment of economic, social and cultural rights (arts. 2 (1), 11 (1), 22 and 23 of the International Covenant on Economic, Social and Cultural Rights). In such cases, the extraterritorial application of the Convention requires States to comply with the Convention in implementing those obligations.","labels":["Women/girls","Children","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","A. Territorial and extraterritorial application of the Convention"],"citedArticles":[{"article":"32","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'treaty law on women with disabilities (art. 32 of the Convention on the Rights of Persons with Disabilities)' — CRPD art. 32 (international cooperation). Regex defaulted to CEDAW."},{"article":"24","paragraph":"4","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'girls in armed conflict (art. 24 (4) of the Convention on the Rights of the Child)' — CRC art. 24(4). Regex defaulted to CEDAW."}]},{"id":"cedaw-c-gc-30-0012","docId":"cedaw-c-gc-30","idx":12,"n":12,"text":"12. The Committee recommends that State parties:","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","A. Territorial and extraterritorial application of the Convention"]},{"id":"cedaw-c-gc-30-0013","docId":"cedaw-c-gc-30","idx":13,"n":13,"text":"Women’s rights in conflict prevention, conflict and post-conflict processes are affected by various actors, including States acting individually (for example, as the State within whose borders the conflict arises, neighbouring States involved in the regional dimensions of the conflict or States involved in unilateral cross-border military manoeuvres), States acting as members of international or intergovernmental organizations (for example, by contributing to international peacekeeping forces or as donors giving money through international financial institutions to support peace processes) and coalitions and non-State actors, such as armed groups, paramilitaries, corporations, private military contractors, organized criminal groups and vigilantes. In conflict and post-conflict contexts, State institutions are often weakened or certain government functions may be performed by other Governments, intergovernmental organizations or even non-State groups. The Committee stresses that, in such cases, there may be simultaneous and complementary sets of obligations under the Convention for a range of involved actors.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"]},{"id":"cedaw-c-gc-30-0014","docId":"cedaw-c-gc-30","idx":14,"n":14,"text":"State responsibility under the Convention also arises if a non-State actor’s acts or omission may be attributed to the State under international law. When a State party is acting as a member of an international organization in conflict prevention, conflict or post-conflict processes, the State party remains responsible for its obligations under the Convention within its territory and extraterritorially and also has a responsibility to adopt measures to ensure that the policies and decisions of those organizations conform to its obligations under the Convention.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"]},{"id":"cedaw-c-gc-30-0015","docId":"cedaw-c-gc-30","idx":15,"n":15,"text":"The Committee has also repeatedly stressed that the Convention requires States parties to regulate non-State actors under the duty to protect, such that States must exercise due diligence to prevent, investigate, punish and ensure redress for the acts of private individuals or entities that impair the rights enshrined in the Convention. In its general recommendations Nos. 19 and 28, the Committee has outlined due diligence obligations in protecting women from violence and discrimination, emphasizing that, alongside constitutional and legislative measures, States parties must also provide adequate administrative and financial support for the implementation of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"]},{"id":"cedaw-c-gc-30-0016","docId":"cedaw-c-gc-30","idx":16,"n":16,"text":"In addition to requiring States parties to regulate non-State actors, international humanitarian law contains relevant obligations that bind non-State actors, as parties to an armed conflict (for example, insurgents and rebel groups) such as in common article 3 of the Geneva Conventions of 1949 and the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts. Under international human rights law, although non-State actors cannot become parties to the Convention, the Committee notes that, under certain circumstances, in particular where an armed group with an identifiable political structure exercises significant control over territory and population, non-State actors are obliged to respect international human rights. The Committee emphasizes that gross violations of human rights and serious violations of humanitarian law could entail individual criminal responsibility, including for members and leaders of non-State armed groups and private military contractors.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"],"citedArticles":[{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'common article 3 of the Geneva Conventions of 1949' - IHL instrument, not in-scope."}]},{"id":"cedaw-c-gc-30-0017","docId":"cedaw-c-gc-30","idx":17,"n":17,"text":"17. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"]},{"id":"cedaw-c-gc-30-0018","docId":"cedaw-c-gc-30","idx":18,"n":18,"text":"18. The Committee also urges non-State actors such as armed groups:","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"]},{"id":"cedaw-c-gc-30-0019","docId":"cedaw-c-gc-30","idx":19,"n":19,"text":"In all crisis situations, whether non-international or international armed conflict, public emergencies, foreign occupation or other situations of concern such as political strife, women’s rights are guaranteed by an international law regime that consists of complementary protections under the Convention and international humanitarian, refugee and criminal law.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0020","docId":"cedaw-c-gc-30","idx":20,"n":20,"text":"In situations that meet the threshold definition of non-international or international armed conflict, the Convention and international humanitarian law apply concurrently and their different protections are complementary, not mutually exclusive. Under international humanitarian law, women affected by armed conflicts are entitled to general protections that apply to both women and men and to some limited specific protections, primarily protection against rape, forced prostitution and any other form of indecent assault; priority in the distribution of relief consignments to expectant mothers, maternity cases and nursing mothers in international armed conflict; detention in separate quarters from men and under the immediate supervision of women; and protection from the death penalty for pregnant women or mothers of dependent or young children.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0021","docId":"cedaw-c-gc-30","idx":21,"n":21,"text":"International humanitarian law also imposes obligations upon occupying Powers that apply concurrently with the Convention and other international human rights law. International humanitarian law also prohibits a State from transferring part of its own civilian population into the territory that it occupies. Under international humanitarian law, women under occupation are entitled to general protections and the following specific protections: protection against rape, forced prostitution or any other form of indecent assault; free passage of consignments of essential clothing intended for expectant mothers and maternity cases; safety or neutralized zones that may be established to shield the civilian population, including in particular expectant mothers and mothers of children under 7 years of age; and detention in separate quarters from men and under the immediate supervision of women. Women civilian internees must receive sanitary conveniences and be searched by women.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0022","docId":"cedaw-c-gc-30","idx":22,"n":22,"text":"The provisions of the Convention prohibiting discrimination against women reinforce and complement the international legal protection regime for refugees and displaced and stateless women and girls in many settings, especially because explicit gender equality provisions are absent from relevant international agreements, notably the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.","labels":["Refugees & asylum-seekers","Women/girls","Children","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0023","docId":"cedaw-c-gc-30","idx":23,"n":23,"text":"Under the Convention, States parties’ obligations to prevent, investigate and punish trafficking and sexual and gender-based violence are reinforced by international criminal law, including jurisprudence of the international and mixed criminal tribunals and the Rome Statute of the International Criminal Court, pursuant to which enslavement in the course of trafficking in women and girls, rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity may constitute a war crime, a crime against humanity or an act of torture, or constitute an act of genocide. International criminal law, including the definitions of gender-based violence, in particular sexual violence, must also be interpreted consistently with the Convention and other internationally recognized human rights instruments without adverse distinction as to gender.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0024","docId":"cedaw-c-gc-30","idx":24,"n":24,"text":"The Committee recommends that State parties, when implementing their obligations under the Convention, give due consideration to the complementary protections for women and girls stemming from international humanitarian, refugee and criminal law.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0025","docId":"cedaw-c-gc-30","idx":25,"n":25,"text":"The Committee recognizes that the various thematic resolutions of the Security Council, in particular 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013), in addition to resolutions such as 1983 (2011), which provides specific guidance on the impact of HIV and AIDS on women in conflict and post-conflict contexts, are crucial political frameworks for advancing advocacy regarding women, peace and security.","labels":["Women/girls","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","D. Convention and the Security Council agenda on women, peace and security"]},{"id":"cedaw-c-gc-30-0026","docId":"cedaw-c-gc-30","idx":26,"n":26,"text":"Given that all the areas of concern addressed in those resolutions find expression in the substantive provisions of the Convention, their implementation must be premised on a model of substantive equality and cover all the rights enshrined in the Convention. The Committee reiterates the need for a concerted and integrated approach that places the implementation of the Security Council agenda on women, peace and security into the broader framework of the implementation of the Convention and its Optional Protocol.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","D. Convention and the Security Council agenda on women, peace and security"]},{"id":"cedaw-c-gc-30-0027","docId":"cedaw-c-gc-30","idx":27,"n":27,"text":"The Convention contains a reporting procedure, under article 18, by which States parties are required to report on measures that they have adopted to implement the provisions of the Convention, including in conflict prevention, conflict and post-conflict situations. The inclusion in the reporting procedure of information on the implementation of Security Council commitments can make it possible to consolidate the Convention and the agenda of the Council and therefore broaden, strengthen and operationalize gender equality.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","D. Convention and the Security Council agenda on women, peace and security"],"citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"id":"cedaw-c-gc-30-0028","docId":"cedaw-c-gc-30","idx":28,"n":28,"text":"28. The Committee recommends that States parties:","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","D. Convention and the Security Council agenda on women, peace and security"]},{"id":"cedaw-c-gc-30-0029","docId":"cedaw-c-gc-30","idx":29,"n":29,"text":"States parties to the Convention are required to focus on the prevention of conflict and all forms of violence. Such conflict prevention includes effective early warning systems to collect and analyse open-source information, preventive diplomacy and mediation, and prevention efforts that tackle the root causes of conflict. It also includes robust and effective regulation of the arms trade, in addition to appropriate control over the circulation of existing and often illicit conventional arms, including small arms, to prevent their use to commit or facilitate serious acts of gender-based violence. There is a correlation between the increased prevalence of gender-based violence and discrimination and the outbreak of conflict. For example, rapid increases in the prevalence of sexual violence can serve as an early warning of conflict. Accordingly, efforts to eliminate gender-based violations also contribute in the long term to preventing conflict, its escalation and the recurrence of violence in the post-conflict phase.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","A. Women and conflict prevention"]},{"id":"cedaw-c-gc-30-0030","docId":"cedaw-c-gc-30","idx":30,"n":30,"text":"The importance of conflict prevention for women’s rights notwithstanding, conflict prevention efforts often exclude women’s experiences as not relevant for predicting conflict, and women’s participation in conflict prevention is low. The Committee has previously noted the low participation of women in institutions working on preventive diplomacy and on global issues such as military expenditure and nuclear disarmament. In addition to falling short of the Convention, such gender-blind conflict prevention measures cannot adequately predict and prevent conflict. It is only by including female stakeholders and using a gendered analysis of conflict that States parties can design appropriate responses.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","A. Women and conflict prevention"]},{"id":"cedaw-c-gc-30-0031","docId":"cedaw-c-gc-30","idx":31,"n":31,"text":"The Convention requires that prevention policies be non-discriminatory and that efforts to prevent or mitigate conflict neither voluntarily or inadvertently harm women nor create or reinforce gender inequality. Interventions by centralized Governments or third-party States in local peace processes should respect rather than undermine women’s leadership and peacekeeping roles at the local level.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","A. Women and conflict prevention"]},{"id":"cedaw-c-gc-30-0032","docId":"cedaw-c-gc-30","idx":32,"n":32,"text":"The Committee has previously noted that the proliferation of conventional arms, especially small arms, including diverted arms from the legal trade, can have a direct or indirect effect on women as victims of conflict-related gender-based violence, as victims of domestic violence and also as protesters or actors in resistance movements.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","A. Women and conflict prevention"]},{"id":"cedaw-c-gc-30-0033","docId":"cedaw-c-gc-30","idx":33,"n":33,"text":"33. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","A. Women and conflict prevention"]},{"id":"cedaw-c-gc-30-0034","docId":"cedaw-c-gc-30","idx":34,"n":34,"text":"Violence against women and girls is a form of discrimination prohibited by the Convention and is a violation of human rights. Conflicts exacerbate existing gender inequalities, placing women at a heightened risk of various forms of gender-based violence by both State and non-State actors. Conflict-related violence happens everywhere, such as in homes, detention facilities and camps for internally displaced women and refugees; it happens at any time, for instance, while performing daily activities such as collecting water and firewood or going to school or work. There are multiple perpetrators of conflict-related gender-based violence. These may include members of government armed forces, paramilitary groups, non-State armed groups, peacekeeping personnel and civilians. Irrespective of the character of the armed conflict, its duration or the actors involved, women and girls are increasingly deliberately targeted for and subjected to various forms of violence and abuse, ranging from arbitrary killings, torture and mutilation, sexual violence, forced marriage, forced prostitution and forced impregnation to forced termination of pregnancy and sterilization.","labels":["Women/girls","Children","Persons deprived of their liberty","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","1. Gender-based violence (arts. 1-3 and 5 (a))"]},{"id":"cedaw-c-gc-30-0035","docId":"cedaw-c-gc-30","idx":35,"n":35,"text":"It is indisputable that, while all civilians are adversely affected by armed conflict, women and girls are primarily and increasingly targeted by the use of sexual violence, “including as a tactic of war to humiliate, dominate, instil fear in, disperse and/or forcibly relocate civilian members of a community or ethnic group”, and that this form of sexual violence persists even after the cessation of hostilities (see Security Council resolution 1820 (2008)). For most women in post-conflict environments, the violence does not stop with the official ceasefire or the signing of the peace agreement and often increases in the post-conflict setting. The Committee acknowledges the many reports confirming that, while the forms and sites of violence change, which means that there may no longer be State-sponsored violence, all forms of gender-based violence, in particular sexual violence, escalate in the post-conflict setting. The failure to prevent, investigate and punish all forms of gender-based violence, in addition to other factors such as ineffective disarmament, demobilization and reintegration processes, can also lead to further violence against women in post-conflict periods.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","1. Gender-based violence (arts. 1-3 and 5 (a))"]},{"id":"cedaw-c-gc-30-0036","docId":"cedaw-c-gc-30","idx":36,"n":36,"text":"During and after conflict, specific groups of women and girls are at particular risk of violence, especially sexual violence, such as internally displaced and refugee women; women’s human rights defenders; women of diverse caste, ethnic, national or religious identities, or other minorities, who are often attacked as symbolic representatives of their community; widows; and women with disabilities. Female combatants and women in the military are also vulnerable to sexual assault and harassment by State and non-State armed groups and resistance movements.","labels":["Refugees & asylum-seekers","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","1. Gender-based violence (arts. 1-3 and 5 (a))"]},{"id":"cedaw-c-gc-30-0037","docId":"cedaw-c-gc-30","idx":37,"n":37,"text":"Gender-based violence also leads to multiple additional human rights violations, such as State or non-State attacks on women’s rights defenders, which undermine women’s equal and meaningful participation in political and public life. Conflict-related gender-based violence results in a vast range of physical and psychological consequences for women, such as injuries and disabilities, increased risk of HIV infection and risk of unwanted pregnancy resulting from sexual violence. There is a strong association between gender-based violence and HIV, including the deliberate transmission of HIV, used as a weapon of war, through rape.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","1. Gender-based violence (arts. 1-3 and 5 (a))"]},{"id":"cedaw-c-gc-30-0038","docId":"cedaw-c-gc-30","idx":38,"n":38,"text":"38. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","1. Gender-based violence (arts. 1-3 and 5 (a))"]},{"id":"cedaw-c-gc-30-0039","docId":"cedaw-c-gc-30","idx":39,"n":39,"text":"Trafficking in women and girls, which constitutes gender-based discrimination, is exacerbated during and after conflict owing to the breakdown of political, economic and social structures, high levels of violence and increased militarism. Conflict and post-conflict situations can create particular war-related demand structures for women’s sexual, economic and military exploitation. Conflict-affected regions can be areas of origin, transit and destination with regard to trafficking in women and girls, with the forms of trafficking varying by region, specific economic and political context and State and non-State actors involved. Women and girls living in or returning from camps for internally displaced persons, refugees or those searching for livelihoods are particularly at risk of trafficking.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","2. Trafficking (art. 6)"]},{"id":"cedaw-c-gc-30-0040","docId":"cedaw-c-gc-30","idx":40,"n":40,"text":"Trafficking may also occur when third-party countries seek to restrict migrant influxes out of conflict-affected areas through measures such as interdiction, expulsion or detention. Restrictive, sex-specific or discriminatory migration policies that limit opportunities for women and girls fleeing from conflict zones may heighten their vulnerability to exploitation and trafficking.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","2. Trafficking (art. 6)"]},{"id":"cedaw-c-gc-30-0041","docId":"cedaw-c-gc-30","idx":41,"n":41,"text":"41. The Committee recommends that States parties:","labels":["Migrants","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","2. Trafficking (art. 6)"]},{"id":"cedaw-c-gc-30-0042","docId":"cedaw-c-gc-30","idx":42,"n":42,"text":"While women often take on leadership roles during conflict as heads of households, peacemakers, political leaders and combatants, the Committee has repeatedly expressed concern that their voices are silenced and marginalized in post-conflict and transition periods and recovery processes. The Committee reaffirms that the inclusion of a critical mass of women in international negotiations, peacekeeping activities and all levels of preventive diplomacy, mediation, humanitarian assistance, social reconciliation and peace negotiations at the national, regional and international levels, as well as in the criminal justice system, can make a difference. At the national level, women’s equal, meaningful and effective participation in the various branches of government, their appointment to leadership positions in government sectors and their ability to participate as active members of civil society are prerequisites for creating a society with lasting democracy, peace and gender equality.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0043","docId":"cedaw-c-gc-30","idx":43,"n":43,"text":"The immediate aftermath of conflict can provide a strategic opportunity for States parties to adopt legislative and policy measures to eliminate discrimination against women in the political and public life of the country and to ensure that women have equal opportunities to participate in the new, post-conflict structures of governance. In many cases, however, the promotion of gender equality and women’s participation in decision-making processes is not seen as a priority at the official cessation of hostilities and may even be sidelined as incompatible with stabilization goals. The full participation and involvement of women in formal peacemaking and post-conflict reconstruction and socioeconomic development are often not realized on account of deeply entrenched stereotypes, reflected in the traditionally male leadership of State and non-State groups, which exclude women from all aspects of decision-making, in addition to gender-based violence and other forms of discrimination against women.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0044","docId":"cedaw-c-gc-30","idx":44,"n":44,"text":"The fulfilment of States parties’ obligations to ensure women’s equal representation in political and public life (art. 7) and at the international level (art. 8) requires measures, including temporary special measures under article 4 (1), to address this broader context of gender discrimination and inequality in conflict-affected areas, in addition to the specific and multiple barriers to women’s equal participation that are linked to additional conflict-related restrictions on mobility, security, fundraising, campaigning and technical skills.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"4","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0045","docId":"cedaw-c-gc-30","idx":45,"n":45,"text":"The implementation of these obligations applies in particular to States parties on whose territory hostilities have occurred, in addition to other States parties involved in peacemaking processes that are required to ensure that women are represented in their own institutions and to support local women’s participation in peace processes. Their implementation, in conjunction with Security Council resolution 1325 (2000) on women, peace and security, guarantees women’s meaningful participation in processes relating to the prevention, management and resolution of conflicts.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0046","docId":"cedaw-c-gc-30","idx":46,"n":46,"text":"46. The Committee recommends that States parties:","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0047","docId":"cedaw-c-gc-30","idx":47,"n":47,"text":"47. The Committee recommends that third-party States participating in conflict-resolution processes either individually or as members of international or intergovernmental organizations and coalitions:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0048","docId":"cedaw-c-gc-30","idx":48,"n":48,"text":"The total breakdown of State public and service provision infrastructure is one of the major and direct consequences of armed conflict, resulting in the lack of delivery of essential services to the population. In such situations, women and girls are at the front line of suffering, bearing the brunt of the socioeconomic dimensions of the conflict. In conflict-affected areas, schools are closed owing to insecurity, occupied by State and non-State armed groups or destroyed, all of which impede girls’ access to school. Other factors preventing girls’ access to education include targeted attacks and threats against them and their teachers by non-State actors, in addition to the additional caregiving and household responsibilities that they are obliged to assume.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0049","docId":"cedaw-c-gc-30","idx":49,"n":49,"text":"Likewise, women are forced to look for alternative sources of livelihood as family survival comes to depend heavily on them. Even though during conflict women take on roles previously held by men in the formal employment sector, it is not uncommon in post-conflict settings for women to lose formal-sector jobs and return to the household or to the informal sector. In post-conflict settings, the generation of employment is a top priority for building a sustainable post-conflict economy; however, employment-generation initiatives in the formal sector tend to neglect women because they focus on economic opportunities for demobilized men. It is imperative that post-conflict reconstruction programmes value and support women’s contributions in the informal and productive areas of the economy where most economic activity occurs.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0050","docId":"cedaw-c-gc-30","idx":50,"n":50,"text":"In conflict-affected areas, access to essential services such as health care, including sexual and reproductive health services, is disrupted owing to inadequate infrastructure and a lack of professional medical care workers, basic medicines and health-care supplies. Consequently, women and girls are at a greater risk of unplanned pregnancy, severe sexual and reproductive injuries and contracting sexually transmitted infections, including HIV and AIDS, as a result of conflict-related sexual violence. The breakdown or destruction of health services, combined with restrictions on women’s mobility and freedom of movement, further undermines women’s equal access to health care, as guaranteed by article 12 (1). Power imbalances and harmful gender norms make girls and women disproportionately more vulnerable to HIV infection and these factors become more pronounced in conflict and post-conflict settings. HIV-related stigma and discrimination is also pervasive and has profound implications for HIV prevention, treatment, care and support, especially when combined with the stigma associated with gender-based violence.","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"],"citedArticles":[{"treaty":"CEDAW","article":"12","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0051","docId":"cedaw-c-gc-30","idx":51,"n":51,"text":"Women in rural areas are often disproportionately affected by the lack of adequate health and social services and inequitable access to land and natural resources. Similarly, their situation in conflict settings presents particular challenges with regard to their employment and reintegration, given that it is often exacerbated by the breakdown of services, resulting in food insecurity, inadequate shelter, deprivation of property and lack of access to water. Widows, women with disabilities, older women, single women without family support and female-headed households are especially vulnerable to increased economic hardship owing to their disadvantaged situation, and often lack employment and means and opportunities for economic survival.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0052","docId":"cedaw-c-gc-30","idx":52,"n":52,"text":"52. The Committee recommends that States parties:","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0053","docId":"cedaw-c-gc-30","idx":53,"n":53,"text":"The Committee has previously noted that the Convention applies at every stage of the displacement cycle and that situations of forced displacement and statelessness often affect women differently from men and include gender-based discrimination and violence. Internal and external displacement have specific gender dimensions that occur at all stages in the displacement cycle; during flight, settlement and return within conflict-affected areas, women and girls are especially vulnerable to forced displacement. In addition, they are often subjected to gross human rights violations during flight and in the displacement phase, as well as within and outside camp settings, including risks relating to sexual violence, trafficking and the recruitment of girls into armed forces and rebel groups.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0054","docId":"cedaw-c-gc-30","idx":54,"n":54,"text":"Displaced women live in precarious conditions in conflict and post-conflict environments owing to their unequal access to education, income generation and skills training activities; poor reproductive health care; their exclusion from decision-making processes, which is exacerbated by male-dominated leadership structures; and poor layout and infrastructure, both in camp and non-camp settings. This situation of dire poverty and inequality can lead them to exchange sexual favours for money, shelter, food or other goods under circumstances that make them vulnerable to exploitation, violence and HIV infection and other sexually transmitted diseases.","labels":["Women/girls","Persons living with HIV/AIDS","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0055","docId":"cedaw-c-gc-30","idx":55,"n":55,"text":"Refugee women have different and additional needs to men owing to their experiences as refugees. Refugee women face similar assistance and protection concerns to internally displaced women and could therefore benefit from similar gender-sensitive interventions to address their needs. The Committee acknowledges the diversity within these groups, the particular challenges that they may face and the legal, social and other implications of the context of their internal or external displacement, the gaps in the international assistance provided to them and the need for responses targeted to their needs.","labels":["Refugees & asylum-seekers","Women/girls","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0056","docId":"cedaw-c-gc-30","idx":56,"n":56,"text":"Searches for durable solutions following conflict-related displacement frequently exclude the perspective of displaced women, either because they rely on decision-making by a family member or community in which women’s voices are marginalized or because durable solutions are set as part of post-conflict processes that exclude women. In addition, female asylum seekers from conflict-affected areas can face gendered barriers to asylum, given that their narrative may not fit the traditional patterns of persecution, which have been largely articulated from a male perspective.","labels":["Refugees & asylum-seekers","Women/girls","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0057","docId":"cedaw-c-gc-30","idx":57,"n":57,"text":"57. The Committee recommends that States parties:","labels":["Refugees & asylum-seekers","Indigenous peoples","Women/girls","Children","Persons living in rural/remote areas","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0058","docId":"cedaw-c-gc-30","idx":58,"n":58,"text":"In addition to the heightened risks faced by internally displaced persons, refugees and asylum seekers, conflict can also be both a cause and a consequence of statelessness, rendering women and girls particularly vulnerable to various forms of abuse in both the private and public domains. Statelessness can arise when a woman’s experience of conflict intersects with discrimination with regard to nationality rights, such as laws that require women to change nationality upon marriage or its dissolution or that deny them the ability to pass on their nationality.","labels":["Refugees & asylum-seekers","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","6. Nationality and statelessness (arts. 1-3 and 9)"]},{"id":"cedaw-c-gc-30-0059","docId":"cedaw-c-gc-30","idx":59,"n":59,"text":"Women may be left stateless when they cannot prove nationality because necessary documents such as identity documents and birth registration are either not issued or are lost or destroyed in conflict and are not reissued in their names. Statelessness may also result in situations in which women are denied the ability to pass on nationality to their children by gender-discriminatory nationality laws.","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","6. Nationality and statelessness (arts. 1-3 and 9)"]},{"id":"cedaw-c-gc-30-0060","docId":"cedaw-c-gc-30","idx":60,"n":60,"text":"Stateless women and girls face heightened risks of abuse in times of conflict because they do not enjoy the protection that flows from citizenship, including consular assistance, and also because many are undocumented and/or belong to ethnic, religious or linguistic minority populations. Statelessness also results in the widespread denial of fundamental human rights and freedoms in post-conflict periods. For example, women may be denied access to health care, employment and other socioeconomic and cultural rights as Governments restrict services to nationals in times of increased resource constraints. Women deprived of a nationality are also often excluded from political processes and from participating in the new government and governance of their country, in violation of articles 7 and 8 of the Convention.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","6. Nationality and statelessness (arts. 1-3 and 9)"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"cedaw-c-gc-30-0061","docId":"cedaw-c-gc-30","idx":61,"n":61,"text":"61. The Committee recommends that States parties:","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Non-citizens and stateless","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","6. Nationality and statelessness (arts. 1-3 and 9)"]},{"id":"cedaw-c-gc-30-0062","docId":"cedaw-c-gc-30","idx":62,"n":62,"text":"Inequalities in marriage and family relations affect women’s experiences in conflict and post-conflict situations. In such situations, women and girls may be forced into marriage to placate armed groups or because their post-conflict poverty forces them to marry for financial security, affecting their rights to choose a spouse and enter freely into marriage, as guaranteed by article 16 (1)(a) and 16 (1)(b). During conflict, girls are particularly susceptible to forced marriage, a harmful practice that is increasingly used by armed groups. Families also force girls into marriage as a result of poverty and a misconception that it may protect them against rape.","labels":["Women/girls","Children","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"],"citedArticles":[{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"},{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0063","docId":"cedaw-c-gc-30","idx":63,"n":63,"text":"Equal access to property, as guaranteed by article 16 (1)(h), is particularly critical in post-conflict situations, given that housing and land are crucial to recovery efforts, in particular for women in female-headed households, the number of whom tends to rise in crisis owing to family separation and widowhood. Women’s limited and unequal access to property becomes particularly damaging in post-conflict situations, especially when displaced women who have lost husbands or close male relatives return to their homes to find that they have no legal title to their land and, as a result, no means of earning a livelihood.","labels":["Women/girls","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"],"citedArticles":[{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0064","docId":"cedaw-c-gc-30","idx":64,"n":64,"text":"Forced pregnancies, abortions or sterilization of women in conflict-affected areas violate myriad women’s rights, including the right under article 16 (1)(e) to decide freely and responsibly on the number and spacing of their children.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"],"citedArticles":[{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0065","docId":"cedaw-c-gc-30","idx":65,"n":65,"text":"65. The Committee reiterates its general recommendations Nos. 21 and 29 and further recommends that States parties:","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0066","docId":"cedaw-c-gc-30","idx":66,"n":66,"text":"Disarmament, demobilization and reintegration are part of the broader security sector reform framework and among the first security initiatives put in place in post-conflict and transition periods. This notwithstanding, disarmament, demobilization and reintegration programmes are rarely developed or implemented in coordination with security sector reform initiatives. This lack of coordination often undermines women’s rights, such as when amnesties are granted in order to facilitate the reintegration into security sector positions of ex-combatants who have committed gender-based violations. Women are also excluded from positions within newly formed security sector institutions owing to a lack of planning and coordination in security sector reform and disarmament, demobilization and reintegration initiatives. Inadequate vetting processes further impede gender-sensitive security sector reform, which is key to developing non-discriminatory, gender-responsive security sector institutions that address the security needs of women and girls, including disadvantaged groups.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0067","docId":"cedaw-c-gc-30","idx":67,"n":67,"text":"At the end of conflict, women face particular challenges as female ex-combatants and women and girls associated with armed groups as messengers, cooks, medics, caregivers, forced labourers and wives. Disarmament, demobilization and reintegration programmes, given the traditionally male structure of armed groups, often do not respond to the distinct needs of women and girls, fail to consult them and also exclude them. It is not uncommon for female ex-combatants to be excluded from disarmament, demobilization and reintegration lists. Such programmes also fail to recognize the status of girls associated with armed groups by characterizing them as dependants rather than abductees, or by excluding those who did not have visible combatant roles. Many female combatants suffer gender-based violence, in particular sexual violence, resulting in children born of rape, high levels of sexually transmitted diseases, rejection or stigmatization by families and other trauma. Disarmament, demobilization and reintegration programmes often fail to address their experiences and the psychological trauma that they have undergone. Consequently, they are unable to reintegrate into family and community life successfully.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0068","docId":"cedaw-c-gc-30","idx":68,"n":68,"text":"Even when women and girls are included in disarmament, demobilization and reintegration processes, the support is inadequate, gender stereotyped and limits their economic empowerment by providing skills development only in traditionally female fields. Disarmament, demobilization and reintegration programmes also fail to deal with the psychosocial trauma that women and girls experience in conflict and post-conflict situations. That in turn can cause further rights violations, given that women’s social stigma, isolation and economic disempowerment can force some women to remain in exploitative situations (such as with their captors) or force them into new ones if they have to turn to illicit activities to provide for themselves and their dependants.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0069","docId":"cedaw-c-gc-30","idx":69,"n":69,"text":"69. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0070","docId":"cedaw-c-gc-30","idx":70,"n":70,"text":"The post-conflict electoral reform and constitution-building process represents a crucial opportunity to lay the foundations for gender equality in the transition period and beyond. Both the process and substance of these reforms can set a precedent for women’s participation in social, economic and political life in the post-conflict period, in addition to providing a legal base from which women’s rights advocates can demand other types of gender-responsive reform that unfold in transitional periods. The importance of a gender perspective in post-conflict electoral and constitutional reform is also emphasized in Security Council resolution 1325 (2000).","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0071","docId":"cedaw-c-gc-30","idx":71,"n":71,"text":"During the constitution-drafting process, the equal and meaningful participation of women is fundamental for the inclusion of constitutional guarantees of women’s rights. States parties must ensure that the new constitution enshrines the principle of equality between women and men and of non-discrimination, in line with the Convention. For women to enjoy their human rights and fundamental freedoms on an equal basis with men, it is important that they be given an equal start, through the adoption of temporary special measures to accelerate de facto equality.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0072","docId":"cedaw-c-gc-30","idx":72,"n":72,"text":"Electoral reform and constitution-drafting processes in post-conflict contexts pose a set of unique challenges to ensuring women’s participation and promoting gender equality, given that the designs of electoral systems are not always gender-neutral. The electoral rules and procedures that determine which interest groups are represented on constitution-building bodies and other electoral bodies in the post-conflict era are critical in guaranteeing the role of women in public and political life. Decisions on the choice of electoral systems are important to overcome the traditional gender bias that undermines women’s participation. Substantive progress towards the equal participation of women as candidates and voters, in addition to the holding of free and fair elections, will not be possible unless appropriate measures are taken, including the creation of a gender-responsive electoral system and the adoption of temporary special measures to enhance women’s participation as candidates and ensure a proper voter’s registration system and that women voters and female political candidates are not subject to violence by State or private actors.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0073","docId":"cedaw-c-gc-30","idx":73,"n":73,"text":"73. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0074","docId":"cedaw-c-gc-30","idx":74,"n":74,"text":"When conflict comes to an end, society is confronted with the complex task of dealing with the past, which involves the need to hold human rights violators accountable for their actions, putting an end to impunity, restoring the rule of law and addressing all the needs of survivors through the provision of justice accompanied by reparations. Challenges relating to access to justice are especially aggravated and acute in conflict and post-conflict situations because formal justice systems may no longer exist or function with any level of efficiency or effectiveness. Existing justice systems may often be more likely to violate women’s rights than to protect them, which can deter victims from seeking justice. All barriers faced by women in gaining access to justice before the national courts prior to the conflict, such as legal, procedural, institutional, social and practical barriers, in addition to entrenched gender discrimination, are exacerbated during conflict, persist during the post-conflict period and operate alongside the breakdown of the police and judicial structures to deny or hinder women’s access to justice.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0075","docId":"cedaw-c-gc-30","idx":75,"n":75,"text":"In the aftermath of conflict, transitional justice mechanisms are established with the aim of addressing the legacy of human rights abuses, dealing with the root causes of the conflict, facilitating the transition from conflict to democratic governance, institutionalizing the State machinery designed to protect and advance fundamental human rights and freedoms, delivering justice and ensuring accountability for all violations of human rights and humanitarian law and ensuring their non-repetition. To achieve these multiple objectives, temporary judicial and/or non-judicial mechanisms, including truth commissions and hybrid courts, are often instituted either to replace dysfunctional national judicial systems or to supplement them.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0076","docId":"cedaw-c-gc-30","idx":76,"n":76,"text":"The most egregious and pervasive violations that occur during conflict often remain unpunished by transitional justice mechanisms and are normalized in the post-conflict environment. Efforts to strengthen and/or complement domestic justice systems notwithstanding, transitional justice mechanisms have failed and continue to fail women by not adequately delivering justice and reparations for all harms suffered, thereby entrenching the impunity enjoyed by perpetrators of women’s human rights violations. Transitional justice mechanisms have not succeeded in fully addressing the gendered impact of conflict and in taking into account the interdependence and interrelatedness of all human rights violations that occur during conflict. For most women, post-conflict justice priorities should not be limited to ending violations of civil and political rights, but should include violations of all rights, including economic, social and cultural rights.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0077","docId":"cedaw-c-gc-30","idx":77,"n":77,"text":"States parties’ obligations under the Convention require them to address all violations of women’s rights, in addition to the underlying structural sex and gender-based discrimination that underpinned such violations. Besides providing redress to women for gender-based violations suffered during conflict, transitional justice mechanisms have the potential to secure a transformative change in women’s lives. Given their important role in laying the foundation for the new society, such mechanisms represent a unique opportunity for State parties to lay the ground towards the achievement of substantive gender equality by addressing pre-existing and entrenched sex and gender-based discrimination that had impeded women’s enjoyment of their rights under the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0078","docId":"cedaw-c-gc-30","idx":78,"n":78,"text":"Although international tribunals have contributed to recognizing and prosecuting gender-based crimes, a number of challenges remain to ensuring women’s access to justice and many procedural, institutional and social barriers continue to prevent them from participating in international justice processes. Passive acquiescence of past violence reinforces the culture of silence and stigmatization. Reconciliation processes such as truth and reconciliation commissions often provide women survivors with an opportunity to deal with their past in a safe setting and constitute official historical records. They should, however, never be used as a substitute for investigations into and prosecutions of perpetrators for human rights violations committed against women and girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0079","docId":"cedaw-c-gc-30","idx":79,"n":79,"text":"The Committee reiterates that State parties’ obligations also require them to ensure women’s right to a remedy, which encompasses the right to adequate and effective reparations for violations of their rights under the Convention. An assessment of the gender dimension of the harm suffered is essential to ensure that women are provided with adequate, effective and prompt reparations for violations suffered during conflict, regardless of whether remedies are ordered by national or international courts or by administrative reparation programmes. Rather than re-establishing the situation that existed before the violations of women’s rights, reparation measures should seek to transform the structural inequalities that led to the violations of women’s rights, respond to women’s specific needs and prevent their reoccurrence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0080","docId":"cedaw-c-gc-30","idx":80,"n":80,"text":"In many countries emerging from conflict, existing informal justice mechanisms represent the only form of justice available for women and can be a valuable tool in the aftermath of conflict. Given that the processes and decisions of these mechanisms may discriminate against women, however, it is critical to carefully consider their role in facilitating access to justice for women, such as defining the type of violations that they will be addressing and the possibility of challenging their decisions in the formal justice system.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0081","docId":"cedaw-c-gc-30","idx":81,"n":81,"text":"81. The Committee recommends that States parties:","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0082","docId":"cedaw-c-gc-30","idx":82,"n":82,"text":"In addition to those made above, the Committee makes the recommendations to States parties set out below.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion"]},{"id":"cedaw-c-gc-30-0083","docId":"cedaw-c-gc-30","idx":83,"n":83,"text":"States parties should report on the legal framework, policies and programmes that they have implemented to ensure the human rights of women in conflict prevention, conflict and post-conflict situations. States parties should collect, analyse and make available sex-disaggregated statistics, in addition to trends over time, concerning women, peace and security. States parties’ reports should address actions inside and outside their territory in areas under their jurisdiction, in addition to their actions taken individually and as members of international or intergovernmental organizations and coalitions insofar as they concern women and conflict prevention, conflict and post-conflict situations.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion","A. Monitoring and reporting"]},{"id":"cedaw-c-gc-30-0084","docId":"cedaw-c-gc-30","idx":84,"n":84,"text":"States parties are to provide information on the implementation of the Security Council agenda on women, peace and security, in particular resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013), including by specifically reporting on compliance with any agreed United Nations benchmarks or indicators developed as part of that agenda.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion","A. Monitoring and reporting"]},{"id":"cedaw-c-gc-30-0085","docId":"cedaw-c-gc-30","idx":85,"n":85,"text":"The Committee also welcomes submissions from relevant United Nations missions involved in the administration of foreign territories on the situation of women’s rights in territories under administration insofar as they pertain to conflict prevention, conflict and post-conflict settings.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion","A. Monitoring and reporting"]},{"id":"cedaw-c-gc-30-0086","docId":"cedaw-c-gc-30","idx":86,"n":86,"text":"Pursuant to article 22 of the Convention, the Committee invites specialized agencies to submit reports on the implementation of the Convention in conflict prevention, conflict and post-conflict settings.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion","A. Monitoring and reporting"],"citedArticles":[{"treaty":"CEDAW","article":"22","source":"regex"}]},{"id":"cedaw-c-gc-30-0087","docId":"cedaw-c-gc-30","idx":87,"n":87,"text":"87. States parties are encouraged to ratify all international instruments relevant to the protection of women’s rights in conflict prevention, conflict and post-conflict, including:","labels":["Refugees & asylum-seekers","Women/girls","Children","Non-citizens and stateless","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion","B. Treaty ratification or accession"]},{"id":"cedaw-c-gc-32-0001","docId":"cedaw-c-gc-32","idx":1,"n":1,"text":"1. Through the present general recommendation, the Committee on the Elimination of Discrimination against Women aims to provide authoritative guidance to States parties on legislative, policy and other appropriate measures to ensure the implementation of their obligations under the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol thereto regarding non-discrimination and gender equality relating to refugee status, asylum, nationality and statelessness of women.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["I. Introduction"]},{"id":"cedaw-c-gc-32-0002","docId":"cedaw-c-gc-32","idx":2,"n":2,"text":"2. The Convention is a dynamic instrument that contributes and adapts itself to the development of international law. The present general recommendation builds on the Committee’s earlier general recommendations, including No. 19 on violence against women, No. 26 on women migrant workers, No. 28 on the core obligations of States parties under article 2 of the Convention and No. 30 on women in conflict prevention, conflict and post-conflict situations, as well as on reports of States parties under the Convention and the Committee’s concluding observations thereon. It also builds on the Committee’s consideration of individual communications and its conduct of inquiries under the Optional Protocol.","labels":["Migrants","Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"article":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"'No. 28 on the core obligations of States parties under article 2 of the Convention' — CEDAW art.2 (general obligations). 'the Optional Protocol' (CEDAW-OP) is mentioned only as a procedural instrument for inquiries."}]},{"id":"cedaw-c-gc-32-0003","docId":"cedaw-c-gc-32","idx":3,"n":3,"text":"3. In section III, the Committee seeks to ensure that gender equality and non-discrimination obligations are upheld by States parties to the Convention in respect of women asylum seekers and refugees throughout the displacement cycle, with a focus on asylum processes. In section IV, the Committee seeks to ensure that gender equality and non-discrimination principles are upheld by States parties in relation to women’s right to nationality, including the right to acquire, change or retain their nationality and to confer their nationality on their children and spouses.","labels":["Refugees & asylum-seekers","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["I. Introduction"]},{"id":"cedaw-c-gc-32-0004","docId":"cedaw-c-gc-32","idx":4,"n":4,"text":"4. The scope and purpose of the present general recommendation must be determined in the context of the overall scope and purpose of the Convention, which is to eliminate all forms of discrimination against women in the recognition, enjoyment or exercise of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, irrespective of their marital status. Within this overall scope, the objective of the present general recommendation is to guide States parties on how to address all aspects of their obligations under the Convention and assume their obligations to respect, protect and fulfil the rights of refugee, asylum-seeking and stateless women to nondiscrimination and substantive equality, in times of peace, in situations of international and non-international armed conflict and in situations of occupation.","labels":["Women/girls","Non-citizens and stateless","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-32-0005","docId":"cedaw-c-gc-32","idx":5,"n":5,"text":"5. The Convention, as a gender-specific human rights instrument, covers other rights that are not explicitly mentioned therein, but that have an impact on the achievement of equality of women and men.[[fn:1]] As such, the Convention provides a gender-sensitive interpretation of human rights law and protects women from sex- and gender-based discrimination with regard to all the human rights contained in the Universal Declaration of Human Rights and other human rights instruments.[[fn:2]] Such application of the Convention was elaborated by the Committee in relation to the prohibition of violence against women as a form of discrimination against women in its general recommendation No. 19, in which it enumerated some of those protected rights, including the right to life and the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The present general recommendation specifically addresses the application of the Convention to the right to asylum contained in article 14 of the Universal Declaration of Human Rights, the principle of non-refoulement of refugees and asylum seekers in accordance with existing obligations under international refugee and human rights instruments and the right to nationality contained in article 9 of the Convention and the protection against statelessness.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":1,"text":"General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention, para. 7."},{"n":2,"text":"General recommendation No. 28, para. 3, and general recommendation No. 25 on article 4, paragraph 1, of the Convention, on temporary special measures, para. 13."}],"section":["II. Scope of the general recommendation"],"citedArticles":[{"article":"14","treaty":"?","confidence":"high","source":"opus","rationale":"Text states 'right to asylum contained in article 14 of the Universal Declaration of Human Rights' - UDHR, not an in-scope treaty."},{"article":"9","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text states 'right to nationality contained in article 9 of the Convention'; in CEDAW GC the Convention = CEDAW (home_treaty); CEDAW art. 9 governs nationality."}]},{"id":"cedaw-c-gc-32-0006","docId":"cedaw-c-gc-32","idx":6,"n":6,"text":"6. The Committee has, in previous general recommendations, clarified that articles 1, 2 (f) and 5 (a) of the Convention read together indicate that the Convention covers sex- and gender-based discrimination against women. The Committee has explained that application of the Convention to gender-based discrimination falls under the definition of discrimination contained in article 1, which points out that any distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of human rights and fundamental freedoms is discrimination. Discrimination against women based on sex and/or gender is often inextricably linked with and compounded by other factors that affect women, such as race, ethnicity, religion or belief, health, age, class, caste, being lesbian, bisexual or transgender and other status.[[fn:3]] Discrimination on the basis of sex or gender may affect women belonging to such groups to a different degree or in different ways to men. States parties must legally recognize such intersecting forms of discrimination and their compounded negative impact on the women concerned and prohibit them.","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":3,"text":"General recommendation No. 28, paras. 5 and 18."}],"section":["II. Scope of the general recommendation"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0007","docId":"cedaw-c-gc-32","idx":7,"n":7,"text":"7. The Committee notes that the experiences of women during displacement, from asylum to integration, return or settlement in a third country, in addition to those of stateless women, are shaped by the action or inaction of various actors. States parties bear the primary responsibility for ensuring that asylum-seeking women, refugee women, women nationality applicants and stateless women within their territory or under their effective control or jurisdiction, even if not situated within their territory, are not exposed to violations of their rights under the Convention, including when such violations are committed by private persons and non-State actors.[[fn:4]]","labels":["Refugees & asylum-seekers","Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":4,"text":"General recommendation No. 28, and general recommendation No. 30 on women in conflict prevention, conflict and post-conflict situations."}],"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-32-0008","docId":"cedaw-c-gc-32","idx":8,"n":8,"text":"8. In the context of asylum, refugee status, nationality and statelessness, the obligation to respect requires that States parties refrain from engaging in any act of discrimination against women that directly or indirectly results in the denial of the equal enjoyment of their rights with men and ensure that State authorities, officials, agents, institutions and other actors acting on behalf of the State act in conformity with that obligation.[[fn:5]] States parties also have a due-diligence obligation to take the legislative and other measures necessary to prevent and investigate acts of discrimination against women that are perpetrated by non-State actors, to prosecute and adequately punish perpetrators of such acts and to provide reparations to women who are victims of discrimination. The obligation to protect requires States parties to, among other things, take all appropriate measures to ensure that State and private actors do not unlawfully infringe on the rights of women. The obligation to fulfil encompasses the obligation of States parties to facilitate access to and provide for the full realization of women’s rights. It also requires States parties to promote de facto or substantive equality with men through all appropriate means, including through specific and effective policies and programmes aimed at improving the position of women and achieving such equality, including, where appropriate, through the adoption of temporary special measures in accordance with article 4 (1) of the Convention and general recommendation No. 25.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":5,"text":"General recommendation No. 28, para. 9."}],"section":["II. Scope of the general recommendation"],"citedArticles":[{"treaty":"CEDAW","article":"4","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0009","docId":"cedaw-c-gc-32","idx":9,"n":9,"text":"9. The Convention is part of a comprehensive international human rights legal framework that operates simultaneously with international refugee law and the laws relating to the status of stateless persons and the reduction of statelessness. There is an important overlapping interrelationship between international human rights law, including the Convention, the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto, and the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. The shared objective of the two protection regimes should ensure the complementary and cumulative protection of refugees, asylum seekers and stateless persons.","labels":["Refugees & asylum-seekers","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["III. Relationship between the Convention, international human rights law and international refugee law"]},{"id":"cedaw-c-gc-32-0010","docId":"cedaw-c-gc-32","idx":10,"n":10,"text":"10. The provisions of the Convention reinforce and complement the international legal protection regime for refugees and stateless women and girls, especially because explicit gender equality provisions are absent from relevant international agreements, notably the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto, the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.[[fn:6]]","labels":["Refugees & asylum-seekers","Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":6,"text":"See UNHCR, “Guidelines on statelessness No. 4: ensuring every child’s right to acquire a nationality through articles 1-4 of the 1961 Convention on the Reduction of Statelessness” (HCR/GS/12/04), paras. 13-15. Available from www.refworld.org/docid/50d460c72.html."}],"section":["III. Relationship between the Convention, international human rights law and international refugee law"]},{"id":"cedaw-c-gc-32-0011","docId":"cedaw-c-gc-32","idx":11,"n":11,"text":"11. Given that the Convention applies at every stage of the displacement cycle, it serves to prohibit sex- and gender-based discrimination at every stage: during the refugee status determination procedure, throughout the return or resettlement process and throughout the integration process for women who have been granted asylum. It also applies to processes of statelessness determination and to processes relating to women acquiring, retaining or changing their nationality or conferring their nationality on their children and spouses.","labels":["Refugees & asylum-seekers","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["III. Relationship between the Convention, international human rights law and international refugee law"]},{"id":"cedaw-c-gc-32-0012","docId":"cedaw-c-gc-32","idx":12,"n":12,"text":"12. While noting that the definition of a refugee under the 1951 Convention relating to the Status of Refugees provides criteria for the determination of refugee status in relation to persons who are explicitly covered under the Convention, the Committee notes that the present general recommendation covers all women in need of international protection under the Convention and seeks to apply the protection of the Convention to all women in the context of refugee status and asylum. However, the criteria provided by the definition of the word “refugee” in the 1951 Convention are important for the identification of women in need of international protection. At the same time, the Committee notes that regional refugee instruments and national laws have accepted and also expanded upon the definition given in the 1951 Convention to cover a range of persons in need of international protection for reasons of, variously, international or internal/non-international armed conflict and occupation, events seriously disturbing public order, serious human rights violations or generalized violence.[[fn:7]]","labels":["Refugees & asylum-seekers","Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":7,"text":"See Organization of African Unity Convention governing the specific aspects of refugee problems in Africa of 1969, article I (2), which states: “The term ‘refugee’ shall also apply to every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part of the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality”. The Cartagena Declaration on Refugees, adopted by the Colloquium on the International Protection of Refugees in Central America, Mexico and Panama, held in Cartagena de Indias, Colombia, from 19 to 22 November 1984, states in section III (3) that “the definition or concept of a refugee to be recommended for use in the region is one which, in addition to containing the elements of the 1951 Convention and the 1967 Protocol, includes among refugees persons who have fled their country because their lives, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order”. In addition, directive 2011/95/EU of the European Parliament and of the Council of the European Union of 13 December 2011 pertains to standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","A. General comments"]},{"id":"cedaw-c-gc-32-0013","docId":"cedaw-c-gc-32","idx":13,"n":13,"text":"13. The Committee notes that asylum seekers seek international protection on the basis that they cannot return to their country of origin because they have a well-founded fear of persecution or are at risk of being ill-treated or subjected to other serious harm. It also notes that under article 1A(2) of the 1951 Convention relating to the Status of Refugees the reasons for persecution must be linked to one of the five grounds listed therein: race, religion, nationality, membership of a particular social group or political opinion. Gender-related persecution is absent from the text. The present general recommendation is intended to ensure that States parties apply a gender perspective when interpreting all five grounds, use gender as a factor in recognizing membership of a particular social group for purposes of granting refugee status under the 1951 Convention and further introduce other grounds of persecution, namely sex and/or gender, into national legislation and policies relating to refugees and asylum seekers. It should be noted that, in other international, national and regional contexts, asylum is also provided to persons who cannot be returned to their countries of origin owing to, among other things, threats to their lives or torture or inhuman or degrading treatment. Those forms of complementary protection are also covered herein.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","A. General comments"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 1A(2) of the 1951 Convention relating to the Status of Refugees' - not in scope."}]},{"id":"cedaw-c-gc-32-0014","docId":"cedaw-c-gc-32","idx":14,"n":14,"text":"14. There are many reasons why women are compelled to leave their homes and seek asylum in other countries. In addition to aggravated or cumulative forms of discrimination against women amounting to persecution, women experience violations of their rights throughout the displacement cycle. The Committee recognizes that displacement arising from armed conflict, gender-related persecution and other serious human rights violations that affect women compounds existing challenges to the elimination of discrimination against women. It also recognizes the persistence of other forms of exploitation concomitant with displacement, such as trafficking for purposes of sexual or labour exploitation, slavery and servitude. The Committee therefore reiterates the obligation of States parties to treat women with dignity and to respect, protect and fulfil their rights under the Convention at each stage of the displacement[[fn:8]] cycle, as well as in the enjoyment of durable solutions, including integration and/or resettlement in receiving States and/or voluntary repatriation to their State of origin.","labels":["Refugees & asylum-seekers","Women/girls","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":8,"text":"The word “displacement” in the present general recommendation refers to those persons who have fled and crossed their country’s borders."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","A. General comments"]},{"id":"cedaw-c-gc-32-0015","docId":"cedaw-c-gc-32","idx":15,"n":15,"text":"15. Gender-related forms of persecution are forms of persecution that are directed against a woman because she is a woman or that affect women disproportionately.[[fn:9]] The Committee observes that understanding the way in which women’s rights are violated is critical to the identification of those forms of persecution. The Committee notes that violence against women that is a prohibited form of discrimination against women is one of the major forms of persecution experienced by women in the context of refugee status and asylum. Such violence, just as other gender-related forms of persecution, may breach specific provisions of the Convention. Such forms are recognized as legitimate grounds for international protection in law and in practice.[[fn:10]] They may include the threat of female genital mutilation, forced/early marriage, threat of violence and/or so-called “honour crimes”, trafficking in women,[[fn:11]] acid attacks, rape and other forms of sexual assault, serious forms of domestic violence, the imposition of the death penalty or other physical punishments existing in discriminatory justice systems, forced sterilization,[[fn:12]] political or religious persecution for holding feminist or other views and the persecutory consequences of failing to conform to gender-prescribed social norms and mores or for claiming their rights under the Convention.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":9,"text":"See the definition of gender-based violence in paragraph 6 of general recommendation No. 19 on violence against women. See also UNHCR, “Guidelines on international protection: gender-related persecution within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees”, guideline No. 1 (HCR/GIP/02/01), paras. 3, 9, 16 and 17."},{"n":10,"text":"Convention on the Elimination of All Forms of Discrimination against Women, art. 2, and general recommendation No. 28, para. 9."},{"n":11,"text":"On trafficking as a basis for refugee status, see UNHCR, “Guidelines on international protection: the application of article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees to victims of trafficking and persons at risk of being trafficked”, guideline No. 7 (HCR/GIP/06/07)."},{"n":12,"text":"General recommendation No. 19, para. 22; general recommendation No. 21 on equality in marriage and family relations, para. 22; and communication No. 4/2004, A.S. v. Hungary, views adopted by the Committee on 14 August 2006."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","A. General comments"]},{"id":"cedaw-c-gc-32-0016","docId":"cedaw-c-gc-32","idx":16,"n":16,"text":"16. Gender-related claims to asylum may intersect with other proscribed grounds of discrimination, including age, race, ethnicity/nationality, religion, health, class, caste, being lesbian, bisexual or transgender and other status.[[fn:13]] The Committee is concerned that many asylum systems continue to treat the claims of women through the lens of male experiences, which can result in their claims to refugee status not being properly assessed or being rejected. Even though gender is not specifically referenced in the definition of a refugee given in the 1951 Convention relating to the Status of Refugees, it can influence or dictate the type of persecution or harm suffered by women and the reasons for such treatment. The definition in the 1951 Convention, properly interpreted, covers gender-related claims to refugee status.[[fn:14]] It must be emphasized that asylum procedures that do not take into account the special situation or needs of women can impede a comprehensive determination of their claims. For example, asylum authorities may interview only the male “head of household”, may not provide same-sex interviewers and interpreters to allow women to present their claims in a safe and gender-sensitive environment or may interview women asylum seekers in the presence of their husbands or male family members who may in fact be the source or sources of their complaints.","labels":["Refugees & asylum-seekers","Women/girls","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":13,"text":"See footnote 3 above; communication No. 19/2008, Cecilia Kell v. Canada, views adopted by the Committee on 28 February 2012, para. 10.2."},{"n":14,"text":"UNHCR, “Guidelines on international protection: gender-related persecution”, para. 6 (see footnote 9 above)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","A. General comments"]},{"id":"cedaw-c-gc-32-0017","docId":"cedaw-c-gc-32","idx":17,"n":17,"text":"17. The principle of non-refoulement of refugees is the cornerstone of refugee protection and is a norm of customary international law. Since its formal codification in the 1951 Convention relating to the Status of Refugees, it has been developing and has been integrated into international human rights instruments, namely the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (art. 3) and the International Covenant on Civil and Political Rights (art. 7). In addition, the prohibition of refoulement to a risk of cruel, inhuman or degrading treatment or punishment is codified in a number of regional human rights treaties and international non-binding documents.[[fn:15]]","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":15,"text":"See, for example, the 2000 Charter of Fundamental Rights of the European Union, art. 19 (2); the 1966 Principles concerning Treatment of Refugees, adopted by the Asian-African Legal Consultative Committee (art. III (3)); the Declaration on Territorial Asylum, adopted by the General Assembly by its resolution 2132 (XXII) (art. 3); the 1969 Organization of African Unity Convention governing the specific aspects of refugee problems in Africa (art. II (3)); the 1969 American Convention on Human Rights (art. 22 (8)); and the 1984 Cartagena Declaration on Refugees (para. 5). In addition, non-refoulement provisions modelled on article 33 (1) of the 1951 Convention relating to the Status of Refugees have also been incorporated into extradition treaties and a number of anti-terrorism conventions at the universal and regional levels."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"],"citedArticles":[{"article":"3","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (art. 3)', clearly attributing art. 3 to CAT (the non-refoulement provision)."},{"article":"7","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'the International Covenant on Civil and Political Rights (art. 7)', clearly attributing art. 7 to ICCPR (prohibition of torture/CIDT)."}]},{"id":"cedaw-c-gc-32-0018","docId":"cedaw-c-gc-32","idx":18,"n":18,"text":"18. Bearing in mind that the vast majority of States have become parties to international instruments prohibiting the refoulement of asylum seekers and refugees, in addition to State practice and, among others, the practice whereby nonsignatory States to the 1951 Convention relating to the Status of Refugees host large numbers of refugees, often in mass-influx situations, the prohibition of refoulement of refugees, as enshrined in article 33 of the Convention and complemented by nonrefoulement obligations under international human rights law,[[fn:16]] constitutes a rule of customary international law.[[fn:17]]","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":16,"text":"UNHCR, Declaration of States parties to the 1951 Convention and or its 1967 Protocol relating to the Status of Refugees, adopted on 13 December 2001 (HCR/MMSP/2001/09)."},{"n":17,"text":"UNHCR, “Advisory opinion on the extraterritorial application of non-refoulement obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol” (2007), para. 15."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"],"citedArticles":[{"article":"33","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 33 of the Convention' where the Convention in this paragraph is the 1951 Refugee Convention (context_before names it); non-refoulement provision is art. 33 of that Convention."}]},{"id":"cedaw-c-gc-32-0019","docId":"cedaw-c-gc-32","idx":19,"n":19,"text":"19. Article 3 of the Convention against Torture prohibits removal of a person to a country where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. The Committee against Torture, in its general comment No. 2, has explicitly situated gender-based violence and abuse within the scope of the Convention against Torture.[[fn:18]] Articles 6 and 7 of the International Covenant on Civil and Political Rights also encompass the obligation on States not to extradite, deport, expel or otherwise remove a person from their territory where there are substantial grounds for believing that there is a real risk of irreparable harm in the country to which the person will, or may subsequently, be removed. The Human Rights Committee has further noted that the absolute prohibition of torture that is part of customary international law includes, as an essential corollary component, the prohibition of refoulement to a risk of torture, which entails the prohibition of any return of an individual where he or she would be exposed to a risk of torture, ill-treatment or arbitrary deprivation of life.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":18,"text":"See also communication No. 35/2011, M.E.N. v. Denmark, inadmissibility decision adopted by the Committee on 26 July 2013, para. 8.8."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"],"citedArticles":[{"article":"3","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Article 3 of the Convention against Torture prohibits removal of a person…' — CAT art. 3 (non-refoulement). Regex defaulted to CEDAW."},{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Articles 6 and 7 of the International Covenant on Civil and Political Rights also encompass the obligation on States not to extradite…' — ICCPR art. 6 (right to life / non-refoulement corollary). Regex defaulted to CEDAW."},{"article":"7","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Same sentence as above: ICCPR art. 7 (prohibition of torture / non-refoulement)."}]},{"id":"cedaw-c-gc-32-0020","docId":"cedaw-c-gc-32","idx":20,"n":20,"text":"20. According to those human rights provisions, no asylum seeker or refugee is to be expelled or returned (refoulé) in any manner whatsoever to the frontiers of territories where his or her life or freedom or the right to be free from torture or other cruel, inhuman or degrading treatment or punishment would be threatened.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"]},{"id":"cedaw-c-gc-32-0021","docId":"cedaw-c-gc-32","idx":21,"n":21,"text":"21. The Committee notes that the Convention, as an instrument to prevent discrimination against women, contains no explicit provision on non-refoulement. In the framework of its work on individual communications under the Optional Protocol, the Committee has had to address States parties’ objections to the effect that the Committee has no competence to deal with cases submitted on behalf of asylum seekers whose applications have been rejected at the national level but who claim that they would be exposed to the risk of sexual and/or gender-based violence and persecution if forcibly returned to their country of origin. In reply, the Committee has noted,[[fn:19]] among other things, that, under international human rights law, the non-refoulement principle imposes a duty on States to refrain from returning a person to a jurisdiction in which he or she may face serious violations of human rights, notably arbitrary deprivation of life or torture or other cruel, inhuman or degrading treatment or punishment. In addition, the Committee recalls that civil and political rights and freedoms, including the right to life and the right not to be subjected to torture or ill-treatment, are implicitly covered by the Convention, and thus States parties are under the obligation not to extradite, deport, expel or otherwise remove a person from their territory to the territory of another State where there are substantial grounds for believing that there is a real risk of irreparable harm.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":19,"text":"See, for example, communication No. 33/2011, M.N.N. v. Denmark, inadmissibility decision adopted by the Committee on 15 July 2013, paras. 8.5 ff."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"]},{"id":"cedaw-c-gc-32-0022","docId":"cedaw-c-gc-32","idx":22,"n":22,"text":"22. The Committee further considers that, under article 2 (d) of the Convention, States parties undertake to refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions act in conformity with that obligation. That duty encompasses the obligation of States parties to protect women from being exposed to a real, personal and foreseeable risk of serious forms of discrimination against women, including gender-based violence, irrespective of whether such consequences would take place outside the territorial boundaries of the sending State party: if a State party takes a decision relating to a person within its jurisdiction, and the necessary and foreseeable consequence is that the person’s basic rights under the Convention will be seriously at risk in another jurisdiction, the State party itself may be in violation of the Convention. The foreseeability of the consequence would mean that there was a present violation by the State party, even though the consequence would not occur until later.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0023","docId":"cedaw-c-gc-32","idx":23,"n":23,"text":"23. The Committee is therefore of the view that States parties have an obligation to ensure that no woman will be expelled or returned to another State where her life, physical integrity, liberty and security of person would be threatened, or where she would risk suffering serious forms of discrimination, including serious forms of gender-based persecution or gender-based violence. What amounts to serious forms of discrimination against women, including gender-based violence, will depend on the circumstances of each case.[[fn:20]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":20,"text":"See ibid., para. 8.9."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"]},{"id":"cedaw-c-gc-32-0024","docId":"cedaw-c-gc-32","idx":24,"n":24,"text":"24. Articles 1-3, 5 (a) and 15 establish an obligation on States parties to ensure that women are not discriminated against during the entire asylum process, beginning from the moment of arrival at the borders. Women asylum seekers are entitled to have their rights under the Convention respected; they are entitled to be treated in a non-discriminatory manner and with respect and dignity at all times during the asylum procedure and thereafter, including through the process of finding durable solutions once asylum status has been recognized by the receiving State. The receiving State has a responsibility towards women granted asylum status when it comes to helping them to, among other things, find proper accommodation, training and/or job opportunities, providing legal, medical, psychosocial support for victims of trauma and offering language classes and other measures facilitating their integration. In addition, women asylum seekers whose asylum applications are denied should be granted dignified and non-discriminatory return processes.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0025","docId":"cedaw-c-gc-32","idx":25,"n":25,"text":"25. Article 2 (c) of the Convention requires that State asylum procedures allow women’s claims to asylum to be presented and assessed on the basis of equality in a fair, impartial and timely manner. A gender-sensitive approach should be applied at every stage of the asylum process. This means that women’s claims to asylum should be determined by an asylum system that is informed, in all aspects of its policy and operations, by a thorough understanding of the particular forms of discrimination or persecution and human rights abuses that women experience on grounds of gender or sex. Owing to shame, stigma or trauma, some women may be reluctant to disclose or identify the true extent of the persecution that they have suffered or fear. Account needs to be taken of the fact that they may continue to fear persons in authority or rejection and/or reprisals from their family and/or community. In any event, they should be entitled to appeal against first-instance asylum decisions.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0026","docId":"cedaw-c-gc-32","idx":26,"n":26,"text":"26. In addition, articles 2, 15 (1) and 16 require States parties to recognize that women may present independent claims to asylum. In this respect, their claims may also be based on fears relating to their children. For example, claims to refugee status may arise from a fear that their daughters will suffer female genital mutilation, be forced into marriage or be subjected to severe community ostracism and exclusion for being girls.[[fn:21]] The child’s protection claim should also be considered on its own merits in a child-sensitive manner in the best interests of the child.[[fn:22]] Once the principal claimant is recognized as a refugee, other members of the family should normally also be recognized as refugees (“derivative status”).","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":21,"text":"UNHCR, “Guidance note on refugee claims relating to female genital mutilation” (Geneva, 2009), para. 12."},{"n":22,"text":"For more on child asylum claims, see UNHCR, “Guidelines on international protection: child asylum claims under articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees”, guideline No. 8 (2009) (HCR/GIP/09/08); Committee on the Rights of the Child, general comment No. 6 on treatment of unaccompanied and separated children outside their country of origin; and general comment No. 14 on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","paragraph":"1","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-32-0027","docId":"cedaw-c-gc-32","idx":27,"n":27,"text":"27. Harm perpetrated against women and girls is often at the hands of non-State actors, including family members, neighbours or society more generally. In such cases, article 2 (e) of the Convention requires that States parties assume their due diligence obligation and ensure that women are effectively protected from harm that may be inflicted by non-State actors.[[fn:23]] It does not suffice to strive for vertical gender equality of the individual woman vis-à-vis public authorities; States must also work to secure non-discrimination at the horizontal level, even within the family. Harm perpetrated by non-State actors is persecution where the State is unable or unwilling to prevent such harm or protect the claimant because of discriminatory governmental policies or practices.[[fn:24]]","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":23,"text":"General recommendation No. 19, paras. 9 and 10."},{"n":24,"text":"UNHCR, “Guidelines on international protection: gender-related persecution”, para. 19 (see footnote 9 above)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0028","docId":"cedaw-c-gc-32","idx":28,"n":28,"text":"28. The Committee is aware that, in cases in which persecution is perpetrated by non-State actors, receiving States have advanced the option of internal flight alternative, according to which a person is not at risk of persecution by non-State actors if he or she is relocated to a safe place within the State of origin. The Committee recalls that articles 2 (d) and (e) of the Convention require that States parties ensure that women are protected against discrimination generated by nonState actors and, in the context of a refugee woman, it observes that the essence of refugee status is to provide effective protection to the refugee woman. It also notes that, should the internal flight alternative be considered by receiving States, the option should be subject to strict requirements, such as the woman’s ability to travel to the area concerned and gain admittance and settle there.[[fn:25]] States should also take into account gender-related aspects and risks in the assessment as to whether internal relocation is permissible.[[fn:26]] Difficulties faced by women in relocating to other parts of their countries of origin can include legal, cultural and/or social restrictions or prohibitions on women travelling or living alone, practical realities such as problems of securing accommodation, childcare and economic survival without family or community support, and risk of harassment and exploitation, including sexual exploitation and violence.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":25,"text":"Salah Sheekh v. the Netherlands, application No. 1948/04, judgement of 11 January 2007 of the European Court of Human Rights, cited in Case of Sufi and Elmi v. the United Kingdom, applications Nos. 8319/07 and 11449/07, judgement of 28 June 2011 of the European Court of Human Rights, para. 266."},{"n":26,"text":"UNHCR, “Guidelines on international protection: ‘internal flight or relocation alternative’ within the context of article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees”, guideline No. 4 (HCR/GIP/03/04); UNHCR, “Guidance note on refugee claims relating to female genital mutilation”, paras. 28-32 (see footnote 21 above)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0029","docId":"cedaw-c-gc-32","idx":29,"n":29,"text":"29. The Committee acknowledges that, as a matter of international law, the authorities of the country of origin are primarily responsible for providing protection to the citizens, including ensuring that women enjoy their rights under the Convention, and that it is only when such protection is not available that international protection is invoked to protect the basic human rights that are seriously at risk. However, the Committee notes that the fact that a woman asylum seeker has not sought the protection of the State or made a complaint to the authorities before her departure from her country of origin should not prejudice her asylum claim, especially where violence against women is tolerated or there is a pattern of failure in responding to women’s complaints of abuse. It would not be realistic to require her to have sought protection in advance of her flight. She may also lack confidence in the justice system and access to justice or fear abuse, harassment or retaliation for making such complaints.[[fn:27]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":27,"text":"Communication No. 5/2005, Şahide Goekce (deceased) v. Austria, views adopted by the Committee on 6 August 2007; communication No. 6/2005, Fatma Yildirim (deceased) v. Austria, views adopted by the Committee on 6 August 2007."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"]},{"id":"cedaw-c-gc-32-0030","docId":"cedaw-c-gc-32","idx":30,"n":30,"text":"30. In line with the Convention, States parties are required to take proactive measures to ensure that the legally recognized grounds of persecution, including those enumerated in the 1951 Convention relating to the Status of Refugees (race, religion, nationality, membership of a particular social group and political opinion), are given a gender-sensitive interpretation. In addition, gender may be used as a factor in recognizing membership of a particular social group or indeed as an identifying characteristic of such a group for purposes of granting refugee status under the 1951 Convention. States parties are also encouraged to add sex and or gender as an additional ground for refugee status in their national legislation.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"]},{"id":"cedaw-c-gc-32-0031","docId":"cedaw-c-gc-32","idx":31,"n":31,"text":"31. The Committee notes that women’s claims to asylum are regularly classified under the “social group” ground in the definition of a refugee, which may reinforce the stereotyped notions of women as dependent victims. Article 5 of the Convention requires States parties to assess women’s claims to asylum without prejudices and stereotyped notions of women that are based on the inferiority or superiority of either sex. Gender stereotyping affects the right of women to a fair and just asylum process and the asylum authorities must take precautions not to create standards that are based on preconceived notions of gender-based violence and persecution.[[fn:28]] In addition, women are active agents who play important roles as political leaders, members of Governments or opposition groups, journalists, human rights defenders and activists, lawyers and judges, among others. They are targeted on account of their political opinions and/or activities, including the expression of women’s rights. Accordingly, article 7 of the Convention requires States parties to take action to realize equality for women in political and public life. It may therefore be appropriate that women bring claims to asylum on gender-related persecution grounds or political, religious, racial and ethnic grounds, including in situations in which they were compelled to flee their country of origin owing to external aggression, occupation, foreign domination or serious civil strife.[[fn:29]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":28,"text":"Communication No. 18/2008, Karen Tayag Vertido v. Philippines, views adopted by the Committee on 16 July 2010, paras. 8.4 and 8.9 (iv); communication No. 20/2008, V.K. v. Bulgaria, views adopted by the Committee on 25 July 2011."},{"n":29,"text":"General recommendation No. 28, paras. 10 and 11."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-32-0032","docId":"cedaw-c-gc-32","idx":32,"n":32,"text":"32. Consistent with articles 2 (c) and 15 (1) of the Convention, States parties must take steps to eliminate discrimination against women in the public and private spheres and should confirm women’s equality with men before the law. To this end, States should take positive measures to ensure that women are not discriminated against and that they are provided with effective legal protection throughout the asylum process, including by providing legal aid, legal representation and assistance, as necessary.[[fn:30]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":30,"text":"Ibid., para. 34; see also 1951 Convention relating to the Status of Refugees, arts. 16 and 25."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0033","docId":"cedaw-c-gc-32","idx":33,"n":33,"text":"33. Articles 3 and 10 to 13 of the Convention entail that women seeking asylum and women refugees be granted, without discrimination, the right to accommodation, education, health care and other support, including food, clothing and necessary social services, appropriate to their particular needs as women. In addition, women refugees should be offered sources of livelihood and employment opportunities.[[fn:31]] Obligations include providing information on their rights and practical information on how to gain access to such services in a language that they understand. Given the high levels of illiteracy among women in some societies, special assistance may be required.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":31,"text":"Universal Declaration of Human Rights, art. 25; see also the 1951 Convention relating to the Status of Refugees, arts. 13 and 17-23."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-32-0034","docId":"cedaw-c-gc-32","idx":34,"n":34,"text":"34. Gender sensitivity should be reflected in reception arrangements, taking into account the specific needs of victims of sexual abuse and exploitation, of trauma and torture or ill-treatment and of other particularly vulnerable groups of women and girls.[[fn:32]] Reception arrangements should also allow for the unity of the family as present within the territory, in particular in the context of reception centres.[[fn:33]] As a general rule, pregnant women and nursing mothers, who both have special needs, should not be detained.[[fn:34]] Where detention of women asylum seekers is unavoidable, separate facilities and materials are required to meet the specific hygiene needs of women. The use of female guards and warders should be promoted. All staff assigned to work with women detainees should receive training relating to the gender-specific needs and human rights of women.[[fn:35]] Pursuant to articles 1, 2, 5 (a) and 12 of the Convention, failure to address the specific needs of women in immigration detention and ensure the respectful treatment of detained women asylum seekers could constitute discrimination within the meaning of the Convention.[[fn:36]] Not least for the purposes of avoiding violence against women, separate facilities for male and female detainees are required, unless in family units, and alternatives to detention are to be made available.[[fn:37]]","labels":["Refugees & asylum-seekers","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":32,"text":"Executive Committee of the Programme of the United Nations High Commissioner for Refugees, conclusion No. 93 (LIII) on reception of asylum seekers in the context of individual asylum systems, para. (b) (iii)."},{"n":33,"text":"Ibid., para. (b) (iv); Convention on the Elimination of All Forms of Discrimination against Women, art. 16."},{"n":34,"text":"United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) (General Assembly resolution 65/229, annex), rule 42; UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention (Geneva, 2012)."},{"n":35,"text":"The Bangkok Rules, rules 5, 19 and 33 (1); UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention, para. 9.3."},{"n":36,"text":"Communication No. 23/2009, Inga Abramova v. Belarus, views adopted by the Committee on 25 July 2011, paras. 7.5 and 7.7; see also the Bangkok Rules and general recommendation No. 24 on women and health, para. 6."},{"n":37,"text":"International Covenant on Civil and Political Rights, art. 9. The Human Rights Committee has affirmed an obligation to consider less invasive means of achieving the same objective (see communication No. 900/1999, C. v. Australia, views adopted by the Human Rights Committee on 28 October 2002, para. 8.2. See also UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention, para. 9.3."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"cedaw-c-gc-32-0035","docId":"cedaw-c-gc-32","idx":35,"n":35,"text":"35. States parties should review and remove any reservations to the Convention; consider ratifying the Optional Protocol to the Convention; and consider acceding to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto, as well as to other relevant international and regional instruments. They should remove any reservations to those instruments, adopt an asylum law in line with those instruments and apply those instruments in a complementary manner.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0036","docId":"cedaw-c-gc-32","idx":36,"n":36,"text":"36. States that are parties to regional refugee or asylum instruments should ensure that they respect the rights of women in need of international protection and apply those instruments in a gender-sensitive manner. They should also ensure that women enjoy the benefits of those instruments without discrimination and on the basis of substantive equality.[[fn:39]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":39,"text":"Organization of African Unity Convention governing the specific aspects of refugee problems in Africa of 1969; Cartagena Declaration on Refugees, 1984; and directive 2011/95/EU of the European Parliament and of the Council of the European Union of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0037","docId":"cedaw-c-gc-32","idx":37,"n":37,"text":"37. States parties should adopt legislation and other measures to respect the principle of non-refoulement, in accordance with existing obligations under international law, and take all measures necessary to ensure that victims of serious forms of discrimination, including gender-related forms of persecution, who are in need of protection, regardless of their status or residence, are not returned under any circumstance to any country in which their life would be at risk or where they might be subjected to serious forms of discrimination, including gender-based violence, or to torture or inhuman or degrading treatment or punishment.[[fn:40]]","labels":["Women/girls","Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":40,"text":"See Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, art. 61, and 1951 Convention relating to the Status of Refugees, art. 33."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0038","docId":"cedaw-c-gc-32","idx":38,"n":38,"text":"38. States parties should interpret the definition of a refugee in the 1951 Convention relating to the Status of Refugees in line with obligations of nondiscrimination and equality;[[fn:41]] fully integrate a gender-sensitive approach while interpreting all legally recognized grounds; classify gender-related claims under the ground of membership of a particular social group, where necessary; and consider adding sex and/or gender, as well as the reason of being lesbian, bisexual or transgender, and other status to the list of grounds for refugee status in their national asylum legislation.","labels":["Refugees & asylum-seekers","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":41,"text":"See the UNHCR guidelines on international protection, including “Guidelines on international protection: gender-related persecution within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees”, guideline No. 1 (HCR/GIP/02/01); “Guidelines on international protection: ‘Membership of a particular social group’ within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees”, guideline No. 2 (HRC/GIP/02/02); and “Guidelines on international protection No. 9: claims to refugee status based on sexual orientation and/or gender identity within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees” (HRI/GIP/12/09)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0039","docId":"cedaw-c-gc-32","idx":39,"n":39,"text":"39. States parties should report to the Committee on their national policy and legislation with regard to asylum seekers and refugees and gather, analyse and make available sex-disaggregated statistical data and trends over time on asylum claims, countries of origin, reasons for seeking asylum and recognition rates.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0040","docId":"cedaw-c-gc-32","idx":40,"n":40,"text":"40. States parties should ensure that adequate human and financial resources are made available for the implementation of the Convention in respect of asylum seekers and refugees, including gender-related aspects of that implementation, and seek technical advice and assistance as required.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0041","docId":"cedaw-c-gc-32","idx":41,"n":41,"text":"41. States parties should cooperate with all United Nations agencies, in particular the Office of the United Nations High Commissioner for Refugees (UNHCR), in relation to asylum systems and procedures to give effect to the provisions of the Convention and other instruments for refugees with a view to promoting the rights of women asylum seekers and refugees.[[fn:42]] They should collaborate with civil society and grass-roots non-governmental organizations supporting women asylum seekers and refugees.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":42,"text":"1951 Convention relating to the Status of Refugees, art. 35; 1967 Protocol to the 1951 Convention relating to the Status of Refugees, art. II; Statute of the Office of the United Nations High Commissioner for Refugees (General Assembly resolution 428 (V), annex), para. 8."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0042","docId":"cedaw-c-gc-32","idx":42,"n":42,"text":"42. Asylum procedures of States parties should ensure that women are able to lodge independent asylum applications and be heard separately, even if they are part of a family seeking asylum. States parties should accept that, when the principal claimant is recognized as a refugee, other members of the family should normally also be recognized as refugees (“derivative status”). Just as a child can derive refugee status from the recognition of a parent as a refugee, a parent should be granted derivative status based on the child’s refugee status.[[fn:43]] It is essential that women who are recognized as refugees, whether in their own right or as derivative status holders, be issued with individual documentation in order to prove their status, be protected from refoulement and secure associated rights.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":43,"text":"Executive Committee of the Programme of the United Nations High Commissioner for Refugees, conclusion No. 88 (L) on the protection of the refugee’s family, para. (b) (iii); UNHCR, “Guidelines on international protection: child asylum claims”, para. 9 (see footnote 22 above)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0043","docId":"cedaw-c-gc-32","idx":43,"n":43,"text":"43. States parties should not deem that a woman asylum seeker lacks credibility for the mere reason of lack of documentation to support her asylum claim. Instead, they should take into account that women in many countries do not possess documentation in their respective countries of origin and seek to establish credibility by other means.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0044","docId":"cedaw-c-gc-32","idx":44,"n":44,"text":"44. States parties should ensure that their border police and immigration officials are adequately trained, supervised and monitored for gender-sensitivity and nondiscriminatory practices when dealing with women asylum seekers and refugees. They should ensure that they adopt and implement a gender-sensitive approach of a proper identification system for women asylum seekers and refugees that is not based on prejudices and stereotyped notions of women, including for victims of trafficking and/or sexual exploitation.[[fn:44]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":44,"text":"Communication No. 15/2007, Zhen Zhen Zheng v. the Netherlands, views adopted by the Committee on 27 October 2008, para. 9.1 (a); see also Convention on the Elimination of All Forms of Discrimination against Women, art. 5; and general recommendation No. 25, para. 7."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0045","docId":"cedaw-c-gc-32","idx":45,"n":45,"text":"45. States parties should recognize that trafficking is part and parcel of gender-related persecution, with the result that women and girls who are victims of trafficking or who fear becoming victims should be informed of and effectively enjoy the right of access to asylum procedures without discrimination or any preconditions. States parties are encouraged to classify victims of trafficking under the “social group” ground in the refugee definition in line with the UNHCR “Guidelines on international protection: the application of article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees to victims of trafficking and persons at risk of being trafficked” and are recommended to take measures so that women and girls are not returned to places where they risk being retrafficked.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text references 'article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees' - not in scope."}]},{"id":"cedaw-c-gc-32-0046","docId":"cedaw-c-gc-32","idx":46,"n":46,"text":"46. States parties should establish adequate screening mechanisms for the early identification of women asylum seekers with specific protection and assistance needs, including women with disabilities, unaccompanied girls,[[fn:45]] victims of trauma, victims of trafficking and/or forced prostitution, victims of sexual violence and victims of torture and/or ill-treatment.[[fn:46]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":45,"text":"Committee on the Rights of the Child, general comment No. 6 on treatment of unaccompanied and separated children outside their country of origin, para. 31 (i)."},{"n":46,"text":"Executive Committee of the Programme of the United Nations High Commissioner for Refugees, conclusion No. 93 (LIII) on reception of asylum seekers in the context of individual asylum systems, para. (b) (iii)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0047","docId":"cedaw-c-gc-32","idx":47,"n":47,"text":"47. States parties should ensure that interviewers and decision makers at all levels have the necessary training, tools and guidance on the adjudication of gender-related asylum claims. In recognition of the relevant provisions of the Convention, States parties should develop policies in line with the present general recommendation and with the UNHCR “Guidelines on international protection: gender-related persecution within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees”.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text references 'article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees' - not in scope."}]},{"id":"cedaw-c-gc-32-0048","docId":"cedaw-c-gc-32","idx":48,"n":48,"text":"48. States parties should ensure, throughout the asylum procedure and during the integration process for women granted refugee status, an adequate standard of living, including safe accommodation, sanitary and health facilities, food, clothing and necessary social services, in addition to sources of livelihood and employment opportunities for women asylum seekers and refugees, and provide for appropriate monitoring and complaints mechanisms at reception facilities.[[fn:47]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":47,"text":"Convention on the Elimination of All Forms of Discrimination against Women, arts. 2 (c) and (f) and 3."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0049","docId":"cedaw-c-gc-32","idx":49,"n":49,"text":"49. States parties should recognize in their legislation that seeking asylum is not an unlawful act and that women asylum seekers should not be penalized (including by means of detention) for their illegal entry or stay if they present themselves to the authorities without delay and show good cause for their illegal entry or stay.[[fn:48]] As a general rule, detention of pregnant women and nursing mothers, who both have special needs, should be avoided, while children should not be detained with their mothers unless doing so is the only means of maintaining family unity and is determined to be in the best interest of the child. Alternatives to detention, including release with or without conditions, should be considered in each individual case and especially when separate facilities for women and/or families are not available.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":48,"text":"1951 Convention relating to the Status of Refugees, art. 31."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0050","docId":"cedaw-c-gc-32","idx":50,"n":50,"text":"States parties should institute gender-sensitive procedural safeguards in asylum procedures to ensure that women asylum seekers are able to present their cases on the basis of equality and non-discrimination. States parties should ensure: (a) That women asylum seekers have the right to an independent claim to asylum and, in this respect, to be interviewed separately, without the presence of male family members, so that they have the opportunity to present their case; (b) That women asylum seekers are provided with information about the status of the determination process and how to gain access to it, in addition to legal advice, in a manner and language that they understand. They should be informed of the right to and, upon request, be provided with, a female interviewer and interpreter; (c) That women asylum seekers have access to competent legal representation in advance of the initial asylum interview. Where necessary, they should be afforded legal assistance free of charge. Unaccompanied and separated girls must in all cases be assigned a qualified legal representative and a guardian to assist them through the asylum procedure and ensure respect for their best interests;[[fn:49]] (d) That interviewers use techniques and procedures that are sensitive to gender, age and other intersectional grounds of discrimination and disadvantage that compound the human rights violations that women refugees and asylum seekers experience; (e) That a supportive interview environment is established so that the claimant can provide her account, including disclosure of sensitive and personal information, especially for survivors of trauma, torture and/or ill-treatment and sexual violence, and that sufficient time is allocated for interviews; (f) That childcare is made available during the interviews so that the claimant does not have to present her claim, involving sensitive information, in front of her children; (g) That, while the woman asylum claimant normally bears the burden of proving her asylum case, the duty to ascertain and evaluate all the relevant facts is shared between the claimant and the examiner. The threshold for accepting asylum applications should be measured not against the probability but against the reasonable likelihood that the claimant has a well-founded fear of persecution or that she would be exposed to persecution on return; (h) That, in some cases, it may be for the examiner to use all the means at his or her disposal to produce the necessary evidence in support of the application, including by seeking and gathering gender-relevant information from reliable governmental and non-governmental sources on human rights in the country of origin; (i) That late disclosure by the claimant during the asylum procedure of sexual violence and other traumatic events does not automatically lead to an adverse judgement on her credibility. Reluctance to identify the true extent of the persecution suffered or feared may stem from feelings of shame, stigma or trauma. Statements regarding the confidential nature of interviews, including that information provided by the woman will not be shared with members of her family without her consent, should be standard practice; (j) That mechanisms for referral to psychosocial counselling and other support services, where necessary, both before and after the asylum interview, are made available; (k) That, should the application be rejected, the decision must be reasoned and the claimant should be able to appeal against it to a competent body; (l) That, in the context of durable solutions, the voluntary return home from exile of refugees and their sustainable reintegration in safety are carried out with dignity and the social and economic security of refugees are secured.[[fn:50]] States who recognized the refugee status of women claimants should ensure that local integration is performed on the basis of equality and non-discrimination and that women are treated with dignity.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":49,"text":"See Committee on the Rights of the Child, general comment No. 6 on treatment of unaccompanied and separated children outside their country of origin, paras. 21, 33, 36 and 39; Executive Committee of the Programme of the United Nations High Commissioner for Refugees, conclusion No. 107 (LVIII) on children at risk, para. (g) (viii)."},{"n":50,"text":"Executive Committee of the Programme of the United Nations High Commissioner for Refugees, conclusion No. 109 (LXI) on protracted refugee situations."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0051","docId":"cedaw-c-gc-32","idx":51,"n":51,"text":"51. The Convention is a significant tool in international efforts to prevent and reduce statelessness because it particularly affects women and girls with regard to nationality rights.[[fn:51]] The Convention requires full protection of women’s equality in nationality matters. Nationality is the legal bond between a person and a State and is critical to ensuring full participation in society. Nationality is also essential to guaranteeing the exercise and enjoyment of other rights, including the right to enter and reside permanently in the territory of a State and to return to that State from abroad. Article 9 of the Convention is therefore essential to the enjoyment of the full range of human rights by women. While human rights are to be enjoyed by everyone, regardless of nationality status, in practice nationality is frequently a prerequisite for the enjoyment of basic human rights. Without nationality, girls and women are subject to compounded discrimination as women and as non-nationals or stateless persons.","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":51,"text":"A stateless person is defined under customary international law and in article 1 (1) of the 1954 Convention relating to the Status of Stateless Persons as someone who is “not considered as a national by any State under the operation of its law”. The International Law Commission has considered the definition in article 1 (1) of the 1954 Convention to form part of customary international law (A/61/10, chap. IV, para. 49). See also UNHCR, Handbook on Protection of Stateless Persons: Under the 1954 Convention relating to the Status of Stateless Persons (Geneva, 2014)."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"}]},{"id":"cedaw-c-gc-32-0052","docId":"cedaw-c-gc-32","idx":52,"n":52,"text":"52. Article 9 (2) of the Convention provides that women are to have the same rights as men to acquire, retain or change their nationality, regardless of marriage and divorce and of what their husbands do with their own nationality. Women are also, according to the Convention, to transmit their nationality to their children under the same conditions as their husbands, whether they are in their own country or abroad.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"],"citedArticles":[{"treaty":"CEDAW","article":"9","paragraph":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0053","docId":"cedaw-c-gc-32","idx":53,"n":53,"text":"53. Without status as nationals or citizens,[[fn:52]] stateless women and girls are often marginalized, deprived of the right to vote or stand for public office and may be denied access to public benefits, a choice of residence and free movement, in addition to access to various rights and benefits flowing from status as a national, including rights to education, health care, property or employment.","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":52,"text":"The terms “nationality” and “citizenship” are used interchangeably."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"]},{"id":"cedaw-c-gc-32-0054","docId":"cedaw-c-gc-32","idx":54,"n":54,"text":"54. Nationality laws may discriminate directly or indirectly against women. Legislative provisions that appear gender neutral may in practice have a disproportionate and negative impact on the enjoyment of the right to nationality by women. Women continue to be more likely than men to seek to change their nationality to that of their foreign spouse upon marriage to a foreigner and are therefore at greater risk of statelessness if there is a gap in nationality legislation that allows or requires them to renounce their nationality without having acquired or received assurances that they will acquire the nationality of the spouse. The prohibition of dual nationality in many nationality laws increases the likelihood of statelessness. In many instances, women are not allowed to transmit their nationality to their foreign husbands. Sex- and gender-based discrimination in nationality laws continues to have a significant and detrimental impact on the enjoyment by women and their children of their human rights. Gender inequality persists in the nationality laws and practices of a significant number of countries and can lead to women becoming stateless. Gender inequality can also render children stateless when their mothers are prevented, on an equal basis with fathers, from transmitting their nationality to their children. In this way, discrimination against women can lead to a cycle of statelessness that can be perpetuated from generation to generation.[[fn:53]]","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":53,"text":"UNHCR, “Guidelines on statelessness No. 4: ensuring every child’s right to acquire a nationality”, paras. 13-15 (see footnote 6 above)."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"]},{"id":"cedaw-c-gc-32-0055","docId":"cedaw-c-gc-32","idx":55,"n":55,"text":"55. Naturalization requirements may also indirectly discriminate against women because they may require the fulfilment of conditions or criteria that may be more difficult to meet for women than for men, such as acquiring proficiency in a host State’s language, which may be more difficult for women, including stateless women, who have suffered prior or current impediment of their right of access to formal education. Other requirements such as economic self-sufficiency or property ownership may also be more difficult for women to meet as individuals. Situations of statelessness following marriage to a foreigner and naturalization requirements, as mentioned in paragraph 54 above, can lead to women being dependent on men economically, socially, culturally and linguistically and, in turn, expose women to an increased risk of exploitation.","labels":["Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"]},{"id":"cedaw-c-gc-32-0056","docId":"cedaw-c-gc-32","idx":56,"n":56,"text":"56. Birth registration is also closely linked to the enjoyment by women and their children of the right to a nationality. Birth registration provides proof of a person’s identity and acquisition of nationality based either on descent (jus sanguinis) or place of birth (jus soli). In practice, indirect discrimination, cultural practices and poverty often make it impossible for mothers, especially unmarried mothers, to register their children on an equal basis as fathers. Failure to register a child’s birth may impair or nullify the child’s effective enjoyment of a range of rights, including the right to nationality, to a name and identity, to equality before the law and to recognition of legal capacity.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"]},{"id":"cedaw-c-gc-32-0057","docId":"cedaw-c-gc-32","idx":57,"n":57,"text":"57. Discriminatory laws or practices may lead to women and their children being unable to gain access to documentation that proves their identity and nationality. In the absence of proof of identity and nationality, a woman and her children may be faced with restrictions on freedom of movement, problems gaining access to diplomatic protection, prolonged detention pending determination of proof of identity and nationality and, ultimately, to a situation in which no State considers them to be nationals and they are rendered stateless.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"]},{"id":"cedaw-c-gc-32-0058","docId":"cedaw-c-gc-32","idx":58,"n":58,"text":"58. Given the critical importance of nationality to the full participation of women in society,[[fn:54]] the significant number and nature of reservations made by some States parties to article 9 of the Convention undermine the object and purpose of the Convention. The rights to nationality and non-discrimination contained in many other international human rights instruments,[[fn:55]] which reinforce the equal right of women to nationality, also raise the question of the validity and legal effect of such reservations. The Committee notes with interest the trend towards the withdrawal or, at least, the narrowing of reservations to article 9 and the related tendency of States parties to introduce formal equality of men and women in nationality laws, thereby reducing the risk of discrimination against women and in particular of statelessness among women and their children.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":54,"text":"See general recommendation No. 21, para. 6."},{"n":55,"text":"Universal Declaration of Human Rights, art. 15; International Covenant on Civil and Political Rights, arts. 2, 3, 24 and 26; Convention on the Rights of the Child, art. 7; International Convention on the Elimination of All Forms of Racial Discrimination, art. 5; Convention on the Rights of Persons with Disabilities, art. 18; and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 29."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"9","source":"regex"}]},{"id":"cedaw-c-gc-32-0059","docId":"cedaw-c-gc-32","idx":59,"n":59,"text":"59. Article 9 of the Convention establishes that women enjoy the rights to acquire, change or retain their nationality and to confer their nationality on their children on an equal basis with men. The Committee has interpreted that this right also applies to spouses.[[fn:56]]","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":56,"text":"CEDAW/C/KWT/CO/3-4, para. 37."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","B. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"}]},{"id":"cedaw-c-gc-32-0060","docId":"cedaw-c-gc-32","idx":60,"n":60,"text":"60. Article 9 (1) requires States parties to ensure that neither marriage to a foreigner nor change of nationality by the husband during marriage automatically changes the nationality of the wife, renders her stateless or forces upon her the nationality of the husband. Women can become stateless as a result of discriminatory laws and practices in which, for example, a woman’s nationality is automatically lost upon marriage to a foreigner and she cannot acquire her husband’s nationality on the basis of marriage; if her husband changes his nationality, becomes stateless or dies; or where her marriage ends in divorce.","labels":["Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","B. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"9","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0061","docId":"cedaw-c-gc-32","idx":61,"n":61,"text":"Article 9 (2) of the Convention requires States parties to ensure that women and men have equal rights to confer their nationality to their children. The non-fulfilment by States parties of their obligations under article 9 (2) places children at risk of statelessness. Nationality laws that grant nationality through paternal descent alone infringe article 9 (2) and may render children stateless if: (a) The father is stateless; (b) The laws of the father’s country do not permit him to confer nationality in certain circumstances, such as when the child is born abroad; (c) The father is unknown or not married to the mother at the time of the child’s birth; (d) The father has been unable to fulfil administrative steps to confer his nationality or acquire proof of nationality for his children because, for example, he has died, has been forcibly separated from his family or cannot fulfil onerous documentation or other requirements; (e) The father has been unwilling to fulfil administrative steps to confer his nationality or acquire proof of nationality for his children, for example if he has abandoned the family.","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","B. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"9","paragraph":"2","source":"regex"},{"treaty":"CEDAW","article":"9","paragraph":"2","source":"regex"},{"treaty":"CEDAW","article":"9","paragraph":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0062","docId":"cedaw-c-gc-32","idx":62,"n":62,"text":"62. Articles 1 to 3 of the Convention also support the right of women to benefit, on an equal basis with men, from naturalization for themselves and their spouses. Discrimination against women in this respect impedes the reduction of statelessness. The same holds true when women are unable to confer their nationality on their stateless spouses. It may also create further risks of statelessness in the case of children born out of such unions.","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","B. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0063","docId":"cedaw-c-gc-32","idx":63,"n":63,"text":"In the light of the foregoing, the Committee recommends that States parties that have not already done so: (a) Review and withdraw their reservations to article 9 of the Convention because they are incompatible with the object and purpose of the Convention and thus impermissible under article 28 (2);[[fn:57]] (b) Review and reform their nationality laws to ensure equality of women and men with regard to the acquisition, changing and retention of nationality and to enable women to transmit their nationality to their children and to their foreign spouses and to ensure that any obstacles to practical implementation of such laws are removed, in full compliance with articles 1 to 3 and 9 of the Convention; (c) Repeal laws stipulating the automatic acquisition of nationality upon marriage or automatic loss of a woman’s nationality as a result of changes in the marital status or nationality of her husband; (d) Consider permitting dual nationality where women have married foreign men, and for the children born of such unions, especially in situations in which legal regimes providing for dual nationality may lead to statelessness; (e) Prevent statelessness through legislative provisions making the loss or renunciation of nationality contingent on possession or acquisition of another nationality, and allow reacquisition of nationality for women left stateless owing to the absence of such safeguards; (f) Promote awareness of recent legal and policy development granting women equal rights with men to acquire, change or retain their nationality or that enable women to confer their nationality to their children and their foreign spouses; (g) Address indirect discrimination in nationality laws that arise, for example, through naturalization requirements that may be more onerous for women to meet in practice than for men; (h) Ratify or accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness; (i) Refrain from adopting and implementing any measures that deprive women of their nationality and render them stateless; (j) Collaborate with UNHCR in relation to its work on the identification, reduction and prevention of statelessness and protection of stateless persons, in particular stateless women; (k) Collect, analyse and make available sex-disaggregated statistics on stateless persons within their respective territories; (l) Implement effective measures to ensure that women and girls have equal access to identity documentation, including proof of nationality; (m) Take measures to achieve the timely registration of all births and, in this regard, take measures to raise awareness, especially in rural and remote areas of their respective territories, of the importance of registering births to ensure that all children are registered and that girls benefit from the same rights as boys.","labels":["Women/girls","Children","Persons living in rural/remote areas","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":57,"text":"General recommendations Nos. 4, 20 and 28."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","C. Specific recommendations"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"28","paragraph":"2","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-33-0001","docId":"cedaw-c-gc-33","idx":1,"n":1,"text":"The right to access to justice for women is essential to the realization of all the rights protected under the Convention on the Elimination of All Forms of Discrimination against Women. It is a fundamental element of the rule of law and good governance, together with the independence, impartiality, integrity and credibility of the judiciary, the fight against impunity and corruption, and the equal participation of women in the judiciary and other law implementation mechanisms. The right to access to justice is multidimensional. It encompasses justiciability, availability, accessibility, good quality, the provision of remedies for victims and the accountability of justice systems. For the purposes of the present general recommendation, all references to “women” should be understood to include women and girls, unless otherwise specifically noted.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0002","docId":"cedaw-c-gc-33","idx":2,"n":2,"text":"In the present general recommendation, the Committee examines the obligations of States parties to ensure that women have access to justice. These obligations encompass the protection of women’s rights against all forms of discrimination with a view to empowering them as individuals and as rights holders. Effective access to justice optimizes the emancipatory and transformative potential of the law.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0003","docId":"cedaw-c-gc-33","idx":3,"n":3,"text":"3. In practice, the Committee has observed a number of obstacles and restrictions that impede women from realizing their right to access to justice on a basis of equality, including a lack of effective jurisdictional protection offered by States parties in relation to all dimensions of access to justice. These obstacles occur in a structural context of discrimination and inequality owing to factors such as gender stereotyping, discriminatory laws, intersecting or compounded discrimination, procedural and evidentiary requirements and practices, and a failure to systematically ensure that judicial mechanisms are physically, economically, socially and culturally accessible to all women. All these obstacles constitute persistent violations of women’s human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0004","docId":"cedaw-c-gc-33","idx":4,"n":4,"text":"4. The scope of the present general recommendation includes the procedures and quality of justice for women at all levels of justice systems, including specialized and quasi-judicial mechanisms. Quasi-judicial mechanisms encompass all actions of public administrative agencies or bodies, similar to those carried out by the judiciary, which have legal effects and may affect legal rights, duties and privileges.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0005","docId":"cedaw-c-gc-33","idx":5,"n":5,"text":"5. The scope of the right to access to justice also includes plural justice systems. The term “plural justice systems” refers to the coexistence within a State party of State laws, regulations, procedures and decisions on the one hand, and religious, customary, indigenous or community laws and practices on the other. Therefore, plural justice systems include multiple sources of law, whether formal or informal, whether State, non-State or mixed, that women may encounter when seeking to exercise their right to access to justice. Religious, customary, indigenous and community justice systems — referred to as traditional justice systems in the present general recommendation — may be formally recognized by the State, operate with the acquiescence of the State, with or without any explicit status, or function outside of the State’s regulatory framework.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0006","docId":"cedaw-c-gc-33","idx":6,"n":6,"text":"6. International and regional human rights treaties and declarations and most national constitutions contain guarantees relating to sex and/or gender equality before the law and obligations to ensure that everyone benefits from the equal protection of the law.[[fn:1]] Article 15 of the Convention provides that women and men must have equality before the law and benefit from equal protection of the law. Article 2 stipulates that States parties must take all appropriate measures to guarantee the substantive equality of men and women in all areas of life, including through the establishment of competent national tribunals and other public institutions, to ensure the effective protection of women against any act of discrimination. The content and scope of that provision are further detailed in the Committee’s general recommendation No. 28 on the core obligations of States parties under article 2 of the Convention. Article 3 mentions the need for appropriate measures to ensure that women can exercise and enjoy their human rights and fundamental freedoms on a basis of equality with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":1,"text":"See, for example, articles 7 and 8 of the Universal Declaration of Human Rights, articles 2 and 14 of the International Covenant on Civil and Political Rights and articles 2 (2) and 3 of the International Covenant on Economic, Social and Cultural Rights. At the regional level, the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), the American Convention on Human Rights and the African Charter on Human and Peoples’ Rights all contain relevant provisions."}],"section":["I. Introduction and scope"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-c-gc-33-0007","docId":"cedaw-c-gc-33","idx":7,"n":7,"text":"7. Discrimination may be directed against women on the basis of their sex and gender. Gender refers to socially constructed identities, attributes and roles for women and men and the cultural meaning imposed by society on to biological differences, which are consistently reflected within the justice system and its institutions. Under article 5 (a) of the Convention, States parties have an obligation to expose and remove the underlying social and cultural barriers, including gender stereotypes, that prevent women from exercising and claiming their rights and impede their access to effective remedies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-33-0008","docId":"cedaw-c-gc-33","idx":8,"n":8,"text":"8. Discrimination against women, based on gender stereotypes, stigma, harmful and patriarchal cultural norms and gender-based violence, which affects women in particular, has an adverse impact on the ability of women to gain access to justice on an equal basis with men. In addition, discrimination against women is compounded by intersecting factors that affect some women to degrees or in ways that differ from those affecting men or other women. Grounds for intersecting or compounded discrimination may include ethnicity/race, indigenous or minority status, colour, socioeconomic status and/or caste, language, religion or belief, political opinion, national origin, marital and/or maternal status, age, urban/rural location, health status, disability, property ownership and identity as a lesbian, bisexual or transgender woman or intersex person. These intersecting factors make it more difficult for women from those groups to gain access to justice.[[fn:2]]","labels":["Indigenous peoples","Women/girls","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":2,"text":"See paragraph 18 of general recommendation No. 28."}],"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0009","docId":"cedaw-c-gc-33","idx":9,"n":9,"text":"9. Other factors that make it more difficult for women to gain access to justice include illiteracy, trafficking, armed conflict, status as an asylum seeker, internal displacement, statelessness, migration, being a female head of household, widowhood, living with HIV, deprivation of liberty, criminalization of prostitution, geographical remoteness and stigmatization of women fighting for their rights. That human rights defenders and organizations are frequently targeted because of their work must be emphasized and their own right to access to justice protected.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0010","docId":"cedaw-c-gc-33","idx":10,"n":10,"text":"10. The Committee has documented many examples of the negative impact of intersecting forms of discrimination on access to justice, including ineffective remedies, for specific groups of women. Women belonging to such groups often do not report violations of their rights to the authorities for fear that they will be humiliated, stigmatized, arrested, deported, tortured or have other forms of violence inflicted upon them, including by law enforcement officials. The Committee has also noted that, when women from those groups lodge complaints, the authorities frequently fail to act with due diligence to investigate, prosecute and punish perpetrators and/or provide remedies.[[fn:3]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":3,"text":"See, for example, the concluding observations on the Bahamas (CEDAW/C/BHS/CO/1-5, para. 25 (d)), Costa Rica (CEDAW/C/CRI/CO/5-6, paras. 40-41), Fiji (CEDAW/C/FJI/CO/4, paras. 2425), Kyrgyzstan (A/54/38/Rev.1, part one, paras. 127-128), the Republic of Korea (CEDAW/C/KOR/CO/6, paras. 19-20, and CEDAW/C/KOR/CO/7, para. 23 (d)) and Uganda (CEDAW/C/UGA/CO/7, paras. 43-44)."}],"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0011","docId":"cedaw-c-gc-33","idx":11,"n":11,"text":"11. In addition to articles 2 (c), 3, 5 (a) and 15 of the Convention, States parties have further treaty-based obligations to ensure that all women have access to education and information about their rights and the remedies that are available and how to gain access to them, and access to competent, gender-sensitive dispute resolution systems, as well as equal access to effective and timely remedies.[[fn:4]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":4,"text":"See, in particular, general recommendations Nos. 19, 21, 23, 24, 26, 27, 29 and 30."}],"section":["I. Introduction and scope"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0012","docId":"cedaw-c-gc-33","idx":12,"n":12,"text":"12. The Committee’s views and recommendations concerning the steps that need to be taken to overcome obstacles encountered by women in gaining access to justice are informed by its experience in considering the reports of States parties, its analysis of individual communications and its conduct of inquiries under the Optional Protocol to the Convention. In addition, reference is made to work on access to justice by other United Nations human rights mechanisms, national human rights institutions, civil society organizations, including community-based women’s associations, and academic researchers.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0013","docId":"cedaw-c-gc-33","idx":13,"n":13,"text":"13. The Committee has observed that the concentration of courts and quasi-judicial bodies in the main cities, their non-availability in rural and remote regions, the time and money needed to gain access to them, the complexity of proceedings, the physical barriers for women with disabilities, the lack of access to high-quality, gender-competent legal advice, including legal aid, as well as the often-noted deficiencies in the quality of justice systems (e.g., gender-insensitive judgements or decisions owing to a lack of training, delays and excessive length of proceedings, corruption) all prevent women from gaining access to justice.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems"]},{"id":"cedaw-c-gc-33-0014","docId":"cedaw-c-gc-33","idx":14,"n":14,"text":"14. Six interrelated and essential components — justiciability, availability, accessibility, good quality, provision of remedies for victims and accountability of justice systems — are therefore necessary to ensure access to justice. While differences in prevailing legal, social, cultural, political and economic conditions will necessitate a differentiated application of these features in each State party, the basic elements of the approach are universally relevant and immediately applicable. Accordingly:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-33-0015","docId":"cedaw-c-gc-33","idx":15,"n":15,"text":"15. With regard to justiciability, the Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems"]},{"id":"cedaw-c-gc-33-0016","docId":"cedaw-c-gc-33","idx":16,"n":16,"text":"16. With regard to the availability of justice systems, the Committee recommends that States parties:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems"]},{"id":"cedaw-c-gc-33-0017","docId":"cedaw-c-gc-33","idx":17,"n":17,"text":"17. With regard to accessibility of justice systems, the Committee recommends that States parties:","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems"]},{"id":"cedaw-c-gc-33-0018","docId":"cedaw-c-gc-33","idx":18,"n":18,"text":"18. With regard to the good quality of justice systems, the Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems","at all levels, and give consideration to the development of Internet infrastructure, including videoconferencing, to facilitate the holding of court hearings and the sharing, collection and support of data and information among stakeholders;"]},{"id":"cedaw-c-gc-33-0019","docId":"cedaw-c-gc-33","idx":19,"n":19,"text":"19. With regard to the provision of remedies, the Committee recommends that States parties:","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems","victims through the prohibition of image capturing and broadcasting in cases where doing so may violate the dignity, emotional condition and security of girls and women;"]},{"id":"cedaw-c-gc-33-0020","docId":"cedaw-c-gc-33","idx":20,"n":20,"text":"20. With regard to the accountability of justice systems, the Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems","violations, such as sexual violence against women, and reject statutory limitations for the prosecution of such violations (see general recommendation"]},{"id":"cedaw-c-gc-33-0021","docId":"cedaw-c-gc-33","idx":21,"n":21,"text":"21. Frequently, States parties have constitutional provisions, laws, regulations, procedures, customs and practices that are based on traditional gender stereotypes and norms and are, therefore, discriminatory and deny women full enjoyment of their rights under the Convention. The Committee, therefore, consistently calls upon States parties, in its concluding observations, to review their legislative frameworks and to amend and/or repeal provisions that discriminate against women. This is consistent with article 2 of the Convention, which enshrines obligations for States parties to adopt appropriate legal and other measures to eliminate all forms of discrimination against women by public authorities and non-State actors, be they individuals, organizations or enterprises.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","B. Discriminatory laws, procedures and practices"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-33-0022","docId":"cedaw-c-gc-33","idx":22,"n":22,"text":"22. Women, nonetheless, face many difficulties in gaining access to justice as a result of direct and indirect discrimination, as defined in paragraph 16 of general recommendation No. 28. Such inequality is apparent not only in the discriminatory content and/or impact of laws, regulations, procedures, customs and practices, but also in the lack of capacity and awareness on the part of judicial and quasi-judicial institutions to adequately address violations of women’s human rights. In its general recommendation No. 28, the Committee, therefore, notes that judicial institutions must apply the principle of substantive or de facto equality, as embodied in the Convention, and interpret laws, including national, religious and customary laws, in line with that obligation. Article 15 encompasses obligations for States parties to ensure that women enjoy substantive equality with men in all areas of the law.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","B. Discriminatory laws, procedures and practices"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0023","docId":"cedaw-c-gc-33","idx":23,"n":23,"text":"23. Many of the Committee’s concluding observations and views under the Optional Protocol, however, demonstrate that discriminatory procedural and evidentiary rules and a lack of due diligence in the prevention, investigation, prosecution, punishment and provision of remedies for violations of women’s rights result in contempt of obligations to ensure that women have equal access to justice.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","B. Discriminatory laws, procedures and practices"]},{"id":"cedaw-c-gc-33-0024","docId":"cedaw-c-gc-33","idx":24,"n":24,"text":"24. Special consideration is to be given to girls (including the girl child and adolescent girls, where appropriate) because they face specific barriers to gaining access to justice. They often lack the social or legal capacity to make significant decisions about their lives in areas relating to education, health and sexual and reproductive rights. They may be forced into marriage or subjected to other harmful practices and various forms of violence.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","B. Discriminatory laws, procedures and practices"]},{"id":"cedaw-c-gc-33-0025","docId":"cedaw-c-gc-33","idx":25,"n":25,"text":"25. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","B. Discriminatory laws, procedures and practices"]},{"id":"cedaw-c-gc-33-0026","docId":"cedaw-c-gc-33","idx":26,"n":26,"text":"26. Stereotyping and gender bias in the justice system have far-reaching consequences for women’s full enjoyment of their human rights. They impede women’s access to justice in all areas of law, and may have a particularly negative impact on women victims and survivors of violence. Stereotyping distorts perceptions and results in decisions based on preconceived beliefs and myths rather than relevant facts. Often, judges adopt rigid standards about what they consider to be appropriate behaviour for women and penalize those who do not conform to those stereotypes. Stereotyping also affects the credibility given to women’s voices, arguments and testimony as parties and witnesses. Such stereotyping can cause judges to misinterpret or misapply laws. This has far-reaching consequences, for example, in criminal law, where it results in perpetrators not being held legally accountable for violations of women’s rights, thereby upholding a culture of impunity. In all areas of law, stereotyping compromises the impartiality and integrity of the justice system, which can, in turn, lead to miscarriages of justice, including the revictimization of complainants.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","C. Stereotyping and gender bias in the justice system and the importance of capacity-building"]},{"id":"cedaw-c-gc-33-0027","docId":"cedaw-c-gc-33","idx":27,"n":27,"text":"27. Judges, magistrates and adjudicators are not the only actors in the justice system who apply, reinforce and perpetuate stereotypes. Prosecutors, law enforcement officials and other actors often allow stereotypes to influence investigations and trials, especially in cases of gender-based violence, with stereotypes undermining the claims of the victim/survivor and simultaneously supporting the defence advanced by the alleged perpetrator. Stereotyping can, therefore, permeate both the investigation and trial phases and shape the final judgement.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","C. Stereotyping and gender bias in the justice system and the importance of capacity-building"]},{"id":"cedaw-c-gc-33-0028","docId":"cedaw-c-gc-33","idx":28,"n":28,"text":"28. Women should be able to rely on a justice system free of myths and stereotypes, and on a judiciary whose impartiality is not compromised by those biased assumptions. Eliminating stereotyping in the justice system is a crucial step in ensuring equality and justice for victims and survivors.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","C. Stereotyping and gender bias in the justice system and the importance of capacity-building"]},{"id":"cedaw-c-gc-33-0029","docId":"cedaw-c-gc-33","idx":29,"n":29,"text":"29. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","C. Stereotyping and gender bias in the justice system and the importance of capacity-building"]},{"id":"cedaw-c-gc-33-0030","docId":"cedaw-c-gc-33","idx":30,"n":30,"text":"30. The provision of education from a gender perspective and raising public awareness through civil society, the media and the use of ICT are essential to overcoming the multiple forms of discrimination and stereotyping that have an impact on access to justice and to ensuring the effectiveness and efficiency of justice for all women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes"]},{"id":"cedaw-c-gc-33-0031","docId":"cedaw-c-gc-33","idx":31,"n":31,"text":"31. Article 5 (a) of the Convention provides that States parties must take all appropriate measures to modify social and cultural patterns of conduct, with a view to eliminating prejudices and customary and all other practices that are based on the idea of the inferiority or the superiority of either sex. In its general recommendation No. 28, the Committee emphasized that all provisions of the Convention must be read jointly in order to ensure that all forms of gender-based discrimination are condemned and eliminated.[[fn:11]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":11,"text":"In paragraph 7, it was stated that article 2 of the Convention should be read in conjunction with articles 3, 4, 5 and 24 and in the light of the definition of discrimination contained in article 1."}],"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-33-0032","docId":"cedaw-c-gc-33","idx":32,"n":32,"text":"32. Women who are unaware of their human rights are unable to make claims for the fulfilment of those rights. The Committee has observed, especially during its consideration of periodic reports submitted by States parties, that they often fail to guarantee that women have equal access to education, information and legal literacy programmes. Furthermore, awareness on the part of men of women’s human rights is also indispensable to guaranteeing non-discrimination and equality, and to guaranteeing women’s access to justice in particular.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes","1. Education from a gender perspective"]},{"id":"cedaw-c-gc-33-0033","docId":"cedaw-c-gc-33","idx":33,"n":33,"text":"33. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes","1. Education from a gender perspective"]},{"id":"cedaw-c-gc-33-0034","docId":"cedaw-c-gc-33","idx":34,"n":34,"text":"34. Civil society, the media and ICT play an important role in both reinforcing and reproducing gender stereotypes as well as in overcoming them.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes","1. Education from a gender perspective"]},{"id":"cedaw-c-gc-33-0035","docId":"cedaw-c-gc-33","idx":35,"n":35,"text":"35. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes","1. Education from a gender perspective"]},{"id":"cedaw-c-gc-33-0036","docId":"cedaw-c-gc-33","idx":36,"n":36,"text":"36. A crucial element in guaranteeing that justice systems are economically accessible to women is the provision of free or low-cost legal aid, advice and representation in judicial and quasi-judicial processes in all fields of law.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","E. Legal aid and public defence"]},{"id":"cedaw-c-gc-33-0037","docId":"cedaw-c-gc-33","idx":37,"n":37,"text":"37. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["II. General issues and recommendations on women’s access to justice","E. Legal aid and public defence"]},{"id":"cedaw-c-gc-33-0038","docId":"cedaw-c-gc-33","idx":38,"n":38,"text":"38. Highly qualified human resources, combined with adequate technical and financial resources, are essential to ensure the justiciability, availability, accessibility, good quality, provision of remedies for victims and accountability of justice systems.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","F. Resources"]},{"id":"cedaw-c-gc-33-0039","docId":"cedaw-c-gc-33","idx":39,"n":39,"text":"39. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","F. Resources"]},{"id":"cedaw-c-gc-33-0040","docId":"cedaw-c-gc-33","idx":40,"n":40,"text":"40. Given the diversity of institutions and judicial arrangements around the world, some elements placed under one field of law in one country may be placed elsewhere in another. For example, the definition of discrimination may or may not be included in the Constitution; protection orders may appear under family law and/or under criminal law; and asylum and refugee issues may be dealt with by administrative courts or by quasi-judicial bodies. States parties are asked to consider the paragraphs below in that light.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law"]},{"id":"cedaw-c-gc-33-0041","docId":"cedaw-c-gc-33","idx":41,"n":41,"text":"41. The Committee has observed that, in practice, States parties that have adopted constitutional guarantees relating to substantive equality between men and women and incorporated international human rights law, including the Convention, into their national legal orders are better equipped to secure gender equality in access to justice. Under articles 2 (a) and 15 of the Convention, States parties are to embody the principle of the equality of men and women in their national constitutions or other appropriate legislation, including through the establishment of competent national tribunals and other public institutions, and to take measures to ensure the realization of that principle in all areas of public and private life as well as in all fields of law.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","A. Constitutional law"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0042","docId":"cedaw-c-gc-33","idx":42,"n":42,"text":"42. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","A. Constitutional law"]},{"id":"cedaw-c-gc-33-0043","docId":"cedaw-c-gc-33","idx":43,"n":43,"text":"43. In some communities, women are unable to approach justice systems without the assistance of a male relative, and social norms hinder their ability to exercise autonomy outside the household. Article 15 of the Convention provides that women and men are to be equal before the law and that States parties must accord to women a legal capacity in civil matters identical to that of men and the same opportunities to exercise that capacity. The civil law procedures and remedies to which women are to have access include those in the fields of contracts, private employment, personal injury, consumer protection, inheritance, land and property rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","B. Civil law"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0044","docId":"cedaw-c-gc-33","idx":44,"n":44,"text":"44. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","B. Civil law"],"citedArticles":[{"treaty":"CEDAW","article":"15","paragraph":"3","source":"regex"}]},{"id":"cedaw-c-gc-33-0045","docId":"cedaw-c-gc-33","idx":45,"n":45,"text":"45. Inequality in the family underlies all other aspects of discrimination against women and is often justified in the name of ideology, tradition and culture. The Committee has repeatedly emphasized that family laws and the mechanisms of their application must comply with the principle of equality enshrined in articles 2, 15 and 16 of the Convention.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":13,"text":"See, in particular, general recommendation No. 29 on article 16 of the Convention (economic consequences of marriage, family relations and their dissolution)."}],"section":["III. Recommendations for specific areas of law","C. Family law"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-33-0046","docId":"cedaw-c-gc-33","idx":46,"n":46,"text":"46. The Committee recommends that States parties:","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["III. Recommendations for specific areas of law","C. Family law"]},{"id":"cedaw-c-gc-33-0047","docId":"cedaw-c-gc-33","idx":47,"n":47,"text":"47. Criminal laws are particularly important in ensuring that women are able to exercise their human rights, including their right to access to justice, on the basis of equality. States parties are obliged, under articles 2 and 15 of the Convention, to ensure that women have access to the protection and remedies offered through criminal law, and that they are not exposed to discrimination within the context of those mechanisms, either as victims or as perpetrators of criminal acts. Some criminal codes or acts and/or criminal procedure codes discriminate against women by:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","D. Criminal law"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0048","docId":"cedaw-c-gc-33","idx":48,"n":48,"text":"48. The Committee has also highlighted the fact that women suffer from discrimination in criminal cases owing to a lack of gender-sensitive, non-custodial alternatives to detention, a failure to meet the specific needs of women in detention and an absence of gender-sensitive monitoring and independent review mechanisms.[[fn:14]] The secondary victimization of women by the criminal justice system has an impact on their access to justice, owing to their heightened vulnerability to mental and physical abuse and threats during arrest, questioning and detention.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":14,"text":"Communication No. 23/2009, Abramova v. Belarus, views adopted on 25 July 2011; see also the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), adopted by the General Assembly in its resolution 65/229."}],"section":["III. Recommendations for specific areas of law","D. Criminal law"]},{"id":"cedaw-c-gc-33-0049","docId":"cedaw-c-gc-33","idx":49,"n":49,"text":"49. Women are also disproportionately criminalized owing to their situation or status, such as being involved in prostitution, being a migrant, having been accused of adultery, identity as a lesbian, bisexual or transgender woman or intersex person, having undergone an abortion or belonging to other groups that face discrimination.","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","D. Criminal law"]},{"id":"cedaw-c-gc-33-0050","docId":"cedaw-c-gc-33","idx":50,"n":50,"text":"50. The Committee notes that many countries have critical shortages of trained police and legal and forensic staff capable of dealing with the requirements of criminal investigations.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","D. Criminal law"]},{"id":"cedaw-c-gc-33-0051","docId":"cedaw-c-gc-33","idx":51,"n":51,"text":"51. The Committee recommends that States parties:","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["III. Recommendations for specific areas of law","D. Criminal law"]},{"id":"cedaw-c-gc-33-0052","docId":"cedaw-c-gc-33","idx":52,"n":52,"text":"52. In accordance with articles 2 and 15 of the Convention, the availability and accessibility of judicial and quasi-judicial mechanisms and remedies under administrative, social and labour law should be guaranteed to women on a basis of equality. The subject areas that tend to fall within the ambit of administrative, social and labour law, and are of particular importance for women, include health services, social security entitlements, labour relations, including equal remuneration, equality of opportunities to be hired and promoted, equality of remuneration for civil servants, housing and land zoning, grants, subsidies and scholarships, compensation funds, governance of Internet resources and policy and migration and asylum.[[fn:17]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":17,"text":"See general recommendation No. 32 on gender-related dimensions of refugee status, asylum, nationality and statelessness of women."}],"section":["III. Recommendations for specific areas of law","E. Administrative, social and labour law"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0053","docId":"cedaw-c-gc-33","idx":53,"n":53,"text":"53. The Committee recommends that States parties:","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","E. Administrative, social and labour law"]},{"id":"cedaw-c-gc-33-0054","docId":"cedaw-c-gc-33","idx":54,"n":54,"text":"54. Other specialized judicial and quasi-judicial mechanisms,[[fn:18]] including labour,[[fn:19]] land claims, electoral and military courts, inspectorates and administrative bodies,[[fn:20]] also have obligations to comply with international standards of independence, impartiality and efficiency and the provisions of international human rights law, including articles 2, 5 (a) and 15 of the Convention.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":18,"text":"Depending on the country, the fields are covered by general or specialized justice systems."},{"n":19,"text":"With regard to women’s access to justice, relevant conventions of the International Labour Organization conventions include the Labour Inspection Convention, 1947 (No. 81), the Migration for Employment Convention (Revised), 1949 (No. 97), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the Domestic Workers Convention, 2011 (No. 189)."},{"n":20,"text":"See the draft principles governing the administration of justice through military tribunals (see E/CN.4/2006/58)."}],"section":["IV. Recommendations for specific mechanisms","A. Specialized judicial/quasi-judicial systems and international/ regional justice systems"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0055","docId":"cedaw-c-gc-33","idx":55,"n":55,"text":"55. Transitional and post-conflict situations may result in increased challenges for women seeking to assert their right to access to justice. In its general recommendation No. 30, the Committee highlighted the specific obligations of States parties in connection with access to justice for women in such situations.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","A. Specialized judicial/quasi-judicial systems and international/ regional justice systems"]},{"id":"cedaw-c-gc-33-0056","docId":"cedaw-c-gc-33","idx":56,"n":56,"text":"56. The Committee recommends that States parties:","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","A. Specialized judicial/quasi-judicial systems and international/ regional justice systems"]},{"id":"cedaw-c-gc-33-0057","docId":"cedaw-c-gc-33","idx":57,"n":57,"text":"57. Many jurisdictions have adopted mandatory or optional systems for mediation, conciliation, arbitration and collaborative resolutions of disputes, as well as for facilitation and interest-based negotiations. This applies, in particular, in the areas of family law, domestic violence, juvenile justice and labour law. Alternative dispute resolution processes are sometimes referred to as informal justice, which are linked to, but function outside of, formal court litigation processes. Informal alternative dispute resolution processes also include non-formal indigenous courts and chieftancy-based alternative dispute resolution, where chiefs and other community leaders resolve interpersonal disputes, including divorce, child custody and land disputes. While such processes may provide greater flexibility and reduce costs and delays for women seeking justice, they may also lead to further violations of their rights and impunity for perpetrators because they often operate on the basis of patriarchal values, thereby having a negative impact on women’s access to judicial review and remedies.","labels":["Indigenous peoples","Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","B. Alternative dispute resolution processes"]},{"id":"cedaw-c-gc-33-0058","docId":"cedaw-c-gc-33","idx":58,"n":58,"text":"58. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","B. Alternative dispute resolution processes"]},{"id":"cedaw-c-gc-33-0059","docId":"cedaw-c-gc-33","idx":59,"n":59,"text":"59. The development of national human rights institutions and ombudsperson offices may open up further possibilities for women to gain access to justice.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","C. National human rights institutions and ombudsperson offices"]},{"id":"cedaw-c-gc-33-0060","docId":"cedaw-c-gc-33","idx":60,"n":60,"text":"60. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","C. National human rights institutions and ombudsperson offices"]},{"id":"cedaw-c-gc-33-0061","docId":"cedaw-c-gc-33","idx":61,"n":61,"text":"61. The Committee notes that State laws, regulations, procedures and decisions can sometimes coexist, within a given State party, with religious, customary, indigenous or community laws and practices. This results in the existence of plural justice systems. There are, therefore, multiple sources of law that may be formally recognized as part of the national legal order or operate without an explicit legal basis. States parties have obligations under articles 2, 5 (a) and 15 of the Convention and under other international human rights instruments to ensure that women’s rights are equally respected and that women are protected against violations of their human rights by all components of plural justice systems.[[fn:21]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":21,"text":"See, in particular, general recommendation No. 29."}],"section":["IV. Recommendations for specific mechanisms","D. Plural justice systems"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0062","docId":"cedaw-c-gc-33","idx":62,"n":62,"text":"62. The presence of plural justice systems can, in itself, limit women’s access to justice by perpetuating and reinforcing discriminatory social norms. In many contexts, the availability of multiple avenues for gaining access to justice within plural justice systems notwithstanding, women are unable to effectively exercise a choice of forum. The Committee has observed that, in some States parties in which systems of family and/or personal law based on customs, religion or community norms coexist alongside civil law systems, individual women may not be as familiar with both systems or at liberty to decide which regime applies to them.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","D. Plural justice systems"]},{"id":"cedaw-c-gc-33-0063","docId":"cedaw-c-gc-33","idx":63,"n":63,"text":"63. The Committee has observed a range of models through which practices embedded in plural justice systems can be harmonized with the Convention in order to minimize conflicts of laws and guarantee that women have access to justice. They include the adoption of legislation that clearly defines the relationship between existing plural justice systems, the creation of State review mechanisms and the formal recognition and codification of religious, customary, indigenous, community and other systems. Joint efforts by States parties and non-State actors will be necessary to examine ways in which plural justice systems can work together to reinforce protection for women’s rights.[[fn:22]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":22,"text":"International Development Law Organization, Accessing Justice: Models, Strategies and Best Practices on Women’s Empowerment (Rome, 2013)."}],"section":["IV. Recommendations for specific mechanisms","D. Plural justice systems"]},{"id":"cedaw-c-gc-33-0064","docId":"cedaw-c-gc-33","idx":64,"n":64,"text":"64. The Committee recommends that, in cooperation with non-State actors, States parties:","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","D. Plural justice systems"]},{"id":"cedaw-c-gc-33-0065","docId":"cedaw-c-gc-33","idx":65,"n":65,"text":"65. Many countries have made reservations to:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["V. Withdrawal of reservations to the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-33-0066","docId":"cedaw-c-gc-33","idx":66,"n":66,"text":"66. In view of the fundamental importance of women’s access to justice, the Committee recommends that States parties withdraw their reservations to the Convention, in particular to articles 2 (c), 5 (a), 15 and 16.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["V. Withdrawal of reservations to the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-33-0067","docId":"cedaw-c-gc-33","idx":67,"n":67,"text":"67. The Optional Protocol to the Convention creates an additional international legal mechanism to enable women to bring complaints in relation to alleged violations of the rights set forth in the Convention and to enable the Committee to conduct inquiries into alleged grave or systematic violations of the rights set forth in the Convention, thereby reinforcing women’s right to access to justice. Through its decisions on individual communications issued under the Optional Protocol, the Committee has produced noteworthy jurisprudence in relation to women’s access to justice, including in relation to violence against women,[[fn:23]] women in detention,[[fn:24]] health[[fn:25]] and employment.[[fn:26]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":23,"text":"See communication No. 19/2008, Kell v. Canada, views adopted on 28 February 2012; communication No. 20/2008, V.K. v. Bulgaria, views adopted on 25 July 2011; communication No. 18/2008, Vertido v. the Philippines, views adopted on 16 July 2010; communication No. 6/2005, Yildirim v. Austria, views adopted on 6 August 2007; communication No. 5/2005, Goekce v. Austria, views adopted on 6 August 2007; and communication No. 2/2003, A.T. v. Hungary, views adopted on 26 January 2005."},{"n":24,"text":"See communication No. 23/2009, Abramova v. Belarus, views adopted on 25 July 2011."},{"n":25,"text":"See communication No. 17/2008, Teixeira v. Brazil, views adopted on 25 July 2011."},{"n":26,"text":"See communication No. 28/2010, R.K.B. v. Turkey, views adopted on 24 February 2012."}],"section":["VI. Ratification of the Optional Protocol to the Convention"]},{"id":"cedaw-c-gc-33-0068","docId":"cedaw-c-gc-33","idx":68,"n":68,"text":"68. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["VI. Ratification of the Optional Protocol to the Convention"]},{"id":"cedaw-c-gc-34-0001","docId":"cedaw-c-gc-34","idx":1,"n":1,"text":"The Committee on the Elimination of Discrimination against Women acknowledges the vital contributions of rural women and the urgent need to improve the recognition and protection of their human rights. Through its previous concluding observations and general recommendations, the Committee has identified various ways in which rural women continue to face discrimination. In the present general recommendation, the Committee clarifies States parties’ obligations to ensure the rights of rural women, with a focus on article 14 of the Convention on the Elimination of All Forms of Discrimination against Women, which recognizes the unique situation of rural women and highlights specific obligations of States parties in recognizing, promoting and protecting their rights.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0002","docId":"cedaw-c-gc-34","idx":2,"n":2,"text":"Article 14 is the only provision in an international human rights treaty that specifically pertains to rural women. However, all rights under the Convention apply to rural women, and article 14 must be interpreted in the context of the Convention as a whole. When reporting, States parties should address all articles that have bearing on the enjoyment of rights by rural women and girls. Accordingly, the present general recommendation explores the links between article 14 and other Convention provisions. As many of the Sustainable Development Goals address the situation of rural women and provide an important opportunity to advance both process and outcome indicators, the specific intent of the present general recommendation is to provide guidance to States parties on the implementation of their obligations with respect to rural women. While general recommendation No. 34 focuses on rural women in developing countries, some of its components also pertain to the situation of rural women in developed countries. It is recognized that rural women, even in developed countries, suffer discrimination and challenges in various areas, including economic empowerment, participation in political and public life, access to services and the labour exploitation of rural migrant women workers.","labels":["Migrants","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0003","docId":"cedaw-c-gc-34","idx":3,"n":3,"text":"Currently, rural women represent a quarter of the world’s population. They play a crucial role in maintaining and improving rural livelihoods and strengthening rural communities. In recent years, the Committee has developed a significant body of jurisprudence on the rights of rural women and the challenges that they face, in particular through concluding observations. Several United Nations conferences have recognized the role of rural women in agriculture, rural development, food and nutrition, and poverty reduction.[[fn:1]] Hence, there is a need for further specific attention to rural women, as recognized in the Sustainable Development Goals.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"footnotes":[{"n":1,"text":"15 October has been designated the International Day of Rural Women. The priority theme of the fifty-sixth session of the Commission on the Status of Women was also the empowerment of rural women and their role in poverty and hunger eradication, development and current challenges."}],"section":["II. Background"]},{"id":"cedaw-c-gc-34-0004","docId":"cedaw-c-gc-34","idx":4,"n":4,"text":"The Committee recognizes that rural women continue to face systematic and persistent barriers to the full enjoyment of their human rights and that, in many cases, conditions have deteriorated. In many States, rural women’s rights and needs remain insufficiently addressed or ignored in laws, national and local policies, budgets and investment strategies at all levels. Even when they exist, laws and policies that consider rural women’s situation and foresee special measures to address it are often not implemented.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["II. Background"]},{"id":"cedaw-c-gc-34-0005","docId":"cedaw-c-gc-34","idx":5,"n":5,"text":"Globally, and with few exceptions, on every gender and development indicator for which data are available, rural women fare worse than rural men and urban women and men,[[fn:2]] and rural women disproportionately experience poverty and exclusion. They face systemic discrimination in access to land and natural resources. They carry most of the unpaid work burden owing to stereotyped gender roles, inequality within the household and the lack of infrastructure and services, including with respect to food production and care work. Even when formally employed, they are more often engaged in work that is insecure, hazardous, poorly paid and not covered by social protection. They are less likely to be educated and are at higher risk of being trafficked and forced into labour, as well as into child and/or forced marriage and other harmful practices (see CEDAW/C/GC/31-CRC/C/GC/18). They are more likely to become ill, suffer from malnutrition or die from preventable causes, and are particularly disadvantaged with respect to access to health care.","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"footnotes":[{"n":2,"text":"See The World’s Women 2010: Trends and statistics (United Nations publication, Sales No. E.10.XVII.11). Available from unstats.un.org/unsd."}],"section":["II. Background"]},{"id":"cedaw-c-gc-34-0006","docId":"cedaw-c-gc-34","idx":6,"n":6,"text":"Rural women are also more likely to be excluded from leadership and decision-making positions at all levels. They are disproportionately affected by gender-based violence and lack access to justice and effective legal remedies. Clearly, the importance of rural women’s empowerment, self-determination and position in decision-making and governance must not be ignored. When it is, States jeopardize their own progress.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["II. Background"]},{"id":"cedaw-c-gc-34-0007","docId":"cedaw-c-gc-34","idx":7,"n":7,"text":"The definition of discrimination contained in article 1 of the Convention applies to all women and concerns all forms of discrimination, making its application to rural women self-evident. Article 2 provides that States parties shall condemn discrimination against women in all its forms and is inextricably linked with all other substantive provisions of the Convention, including article 14. To comply with article 2 in relation to rural women, States parties must refrain from acts of commission and omission that discriminate against them.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-34-0008","docId":"cedaw-c-gc-34","idx":8,"n":8,"text":"Discriminatory or otherwise inadequate legal frameworks, complex legal systems, conflict and post-conflict settings, a lack of information and sociocultural constraints can combine to make justice inaccessible to rural women. Factors that contribute to discriminatory stereotypes and practices, especially in rural areas, include the parallel existence of often overlapping and conflicting statutory, customary and religious laws and authorities. Many rural women and girls live in communities in which informal justice mechanisms are used to resolve disputes. While informal justice may be more accessible to them, rules and mechanisms that are not in conformity with the Convention must be brought into line with it and with general recommendation No. 33 (2015) on women’s access to justice.","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2"]},{"id":"cedaw-c-gc-34-0009","docId":"cedaw-c-gc-34","idx":9,"n":9,"text":"9. States parties should ensure that legal frameworks are non-discriminatory and guarantee access to justice to rural women, in line with general recommendation No. 33, including by:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2"]},{"id":"cedaw-c-gc-34-0010","docId":"cedaw-c-gc-34","idx":10,"n":10,"text":"10. Discrimination against rural women cannot be fully understood without taking into account the macroeconomic roots of gender inequality. States often fail to acknowledge the role of rural women and girls in unpaid work, their contribution to the gross domestic product and, therefore, to sustainable development. Bilateral and multilateral agreements on trade, tax and other economic and fiscal policies can have a significant negative impact on the lives of rural women. Environmental issues, including climate change and natural disasters, often provoked by the unsustainable use of natural resources, as well as poor waste management practices, also have detrimental impacts on the well-being of rural women. Gender-neutral policies, reforms and laws may uphold and strengthen existing inequalities related to all of the above.","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2"]},{"id":"cedaw-c-gc-34-0011","docId":"cedaw-c-gc-34","idx":11,"n":11,"text":"11. States parties should ensure that macroeconomic policies, including trade, fiscal and investment policies, as well bilateral and multilateral agreements, are responsive to the needs of rural women and strengthen the productive and investing capacities of small-scale women producers. They should address the negative and differential impacts of economic policies, including agricultural and general trade liberalization, privatization and the commodification of land, water and natural resources, on the lives of rural women and the fulfilment of their rights. Similarly, development partners should also ensure that their development assistance policies focus on the specific needs of rural women.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2"]},{"id":"cedaw-c-gc-34-0012","docId":"cedaw-c-gc-34","idx":12,"n":12,"text":"12. States parties should address specific threats posed to rural women by climate change, natural disasters, land and soil degradation, water pollution, droughts, floods, desertification, pesticides and agrochemicals, extractive industries, monocultures, biopiracy and the loss of biodiversity, in particular agro-biodiversity. They should alleviate and mitigate those threats and ensure that rural women enjoy a safe, clean and healthy environment. They should effectively address the impact of such risks on rural women in the planning and implementation of all policies concerning the environment, climate change, disaster risk reduction, preparedness and management and ensure the full participation of rural women in designing, planning and implementing such policies. States parties should also ensure the protection and security of rural women and girls in all phases of disasters and other crises, ranging from early warning to relief, recovery, rehabilitation and reconstruction.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2","their rights. Similarly, development partners should also ensure that their"]},{"id":"cedaw-c-gc-34-0013","docId":"cedaw-c-gc-34","idx":13,"n":13,"text":"13. States parties should regulate the activities of domestic non-State actors within their jurisdiction, including when they operate extraterritorially. General recommendation No. 28 (2010) on the core obligations of States parties under article 2 reaffirms the requirement under article 2 (e) to eliminate discrimination by any public or private actor, which extends to acts of national corporations operating extraterritorially. States parties should uphold extraterritorial obligations with respect to rural women by, inter alia: not interfering, directly or indirectly, with the enjoyment of their rights; taking regulatory measures to prevent any actor under their jurisdiction, including private individuals, companies and public entities, from infringing or abusing the rights of rural women outside their territory; and ensuring that international cooperation and development assistance, whether bilateral or multilateral, advance the rights of rural women outside their territory. Appropriate and effective remedies should be available to affected rural women when a State party has violated its extraterritorial obligations.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2","their rights. Similarly, development partners should also ensure that their"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-34-0014","docId":"cedaw-c-gc-34","idx":14,"n":14,"text":"14. In line with general recommendation No. 28, States parties should recognize that rural women are not a homogenous group and often face intersecting discrimination. Many indigenous and Afro-descendent women live in rural settings and experience discrimination based on their ethnicity, language and traditional way of life. Rural women who belong to other ethnic minorities or to religious minorities, as well as female heads of household, may also experience higher rates of poverty and other forms of social exclusion. Women working in rural areas, including peasants, pastoralists, migrants, fisherfolk and landless women, also suffer disproportionately from intersecting forms of discrimination. As recognized in general recommendation No. 18 (1991) on disabled women, while women with disabilities face unique challenges in all areas of life, this is particularly the case of those living in rural areas. Discrimination may be compounded in rural areas by a lack of appropriate access to, inter alia, water, sanitation, electricity, health care, child and older person care, and inclusive and culturally appropriate education. As recognized in general recommendation No. 27 (2010) on older women and protection of their human rights, older women and widows may also suffer stigmatization and isolation in rural areas, which expose them to greater risks of illtreatment. In addition, rural women, including heads of household, living in conflict-affected areas face security concerns and further obstacles in enjoying their rights.","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2","their rights. Similarly, development partners should also ensure that their"]},{"id":"cedaw-c-gc-34-0015","docId":"cedaw-c-gc-34","idx":15,"n":15,"text":"15. States parties should eliminate all forms of discrimination against disadvantaged and marginalized groups of rural women. For example, States parties should ensure that disadvantaged and marginalized groups of rural women, including those belonging to indigenous, Afro-descendent, ethnic and religious minorities, heads of household, peasants, pastoralists, fisherfolk, landless women, migrants and conflict-affected rural women, are protected from intersecting forms of discrimination and have access to education, employment, water and sanitation and health care, among others. States parties should develop policies and programmes ensuring the equal enjoyment of rights by rural women with disabilities, including by ensuring the accessibility of infrastructures and services. States parties should similarly ensure that older rural women have access to social services and adequate social protection, as well as economic resources and the empowerment to live life with dignity, including through access to financial services and social security.","labels":["Migrants","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2","their rights. Similarly, development partners should also ensure that their"]},{"id":"cedaw-c-gc-34-0016","docId":"cedaw-c-gc-34","idx":16,"n":16,"text":"16. Under article 14, paragraph 1, States parties are required to take into account the particular problems faced by rural women and the significant roles that they play in the economic survival of families, including their work in the non-monetized sectors of the economy. Inclusive and sustainable development must uphold the rights of rural women, underscoring their role as key actors and fully acknowledging the economic value of their paid and unpaid work.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","B. Article 14, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0017","docId":"cedaw-c-gc-34","idx":17,"n":17,"text":"17. States parties should promote inclusive and sustainable economic development that enables rural women to enjoy their rights and:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","B. Article 14, paragraph 1"]},{"id":"cedaw-c-gc-34-0018","docId":"cedaw-c-gc-34","idx":18,"n":18,"text":"18. Article 3 provides that States parties shall take all appropriate measures, in all fields, including legislation, to ensure the full development and advancement of women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-c-gc-34-0019","docId":"cedaw-c-gc-34","idx":19,"n":19,"text":"19. States parties should adopt effective laws, policies, regulations, programmes, administrative procedures and institutional structures to ensure the full development and advancement of rural women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0020","docId":"cedaw-c-gc-34","idx":20,"n":20,"text":"20. Article 4, paragraph 1, provides for the adoption of temporary special measures by States parties to accelerate substantive equality. Such measures may include redistributing decision-making roles and resources. General recommendation No. 25 emphasizes that, where necessary, those measures should be directed at women subjected to multiple discrimination, including rural women.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-34-0021","docId":"cedaw-c-gc-34","idx":21,"n":21,"text":"21. States parties should develop and implement temporary special measures to accelerate the achievement of substantive equality for rural women in all areas in which they are underrepresented or disadvantaged, including in political and public life, education, health and employment.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0022","docId":"cedaw-c-gc-34","idx":22,"n":22,"text":"22. Article 5 (a) addresses the elimination of discriminatory stereotypes and practices, which are often more prevalent in rural areas. Rural women and girls are often disadvantaged by harmful practices (see CEDAW/C/GC/31-CRC/C/GC/18, para. 9), such as child and/or forced marriage, polygamy and female genital mutilation, which endanger their health and well-being and may push them to migrate in order to escape such practices, potentially exposing them to other risks. They are also disadvantaged by practices such as the inheritance of ancestral debt, which perpetuates cycles of poverty, and by discriminatory stereotypes and related practices that prevent them from enjoying rights over land, water and natural resources, such as male primogeniture and property grabbing from widows.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"article":"5","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text states 'Article 5 (a) addresses the elimination of discriminatory stereotypes and practices' — CEDAW art. 5 (social and cultural patterns). Home treaty, single regex ref, explicit labelling."}]},{"id":"cedaw-c-gc-34-0023","docId":"cedaw-c-gc-34","idx":23,"n":23,"text":"23. In line with general recommendation No. 31 (2014) on harmful practices, States parties should eliminate harmful practices, including child and/or forced marriage, female genital mutilation and the inheritance of ancestral debt, which negatively affect the health, well-being and dignity of rural women and girls. They should eliminate discriminatory stereotypes, including those that compromise the equal rights of rural women to land, water and other natural resources. In this regard, States parties should adopt a range of measures, including outreach and support programmes, awareness-raising and media campaigns, in collaboration with traditional leaders and civil society, to eliminate harmful practices and stereotypes.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0024","docId":"cedaw-c-gc-34","idx":24,"n":24,"text":"24. In general recommendation No. 19 (1992) on violence against women, it is stated that rural women are at risk of violence because of traditional attitudes regarding the subordinate role of women that persist in many rural communities. Girls from rural communities are at special risk of violence, sexual exploitation and harassment when they leave the rural community to seek employment in towns. Rural women human rights defenders are often at risk of violence when working, for example, to protect victims, transform local customs or secure natural resource rights.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0025","docId":"cedaw-c-gc-34","idx":25,"n":25,"text":"25. States parties should prevent and eliminate all forms of violence against rural women and girls, and, in line with general recommendations No. 19 and No. 33:","labels":["Migrants","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0026","docId":"cedaw-c-gc-34","idx":26,"n":26,"text":"26. Article 6 on the suppression of the traffic in women and of the exploitation of prostitution has special relevance for rural women and girls, including indigenous women and girls, who face specific risks because they live in remote areas. The economic hardships of rural life, alongside the lack of information on trafficking and how traffickers operate, can make them especially vulnerable, in particular in conflict-affected regions.","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-c-gc-34-0027","docId":"cedaw-c-gc-34","idx":27,"n":27,"text":"27. States parties should address the root causes of the traffic in women by economically empowering rural women and raising awareness in rural areas of the risks of being lured by traffickers and the ways in which traffickers operate. States parties should ensure that anti-trafficking legislation addresses the social and economic challenges faced by rural women and girls and provide gender-responsive training on prevention measures, protection and assistance for victims to the judiciary, the police, border guards, other law enforcement officials and social workers, especially in rural areas and indigenous communities.","labels":["Indigenous peoples","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0028","docId":"cedaw-c-gc-34","idx":28,"n":28,"text":"28. Article 9 provides that States parties shall grant women equal rights with men to acquire, change or retain their nationality. Rural women and their children may be deprived of their rights if not recognized as citizens of their countries. Their statelessness is often the consequences of discriminatory legislation whereby women cannot pass on their nationality to their children and foreign spouse or may risk losing their nationality through marriage with a foreigner or as a consequence of divorce. In addition, identity documents may be more difficult to acquire in rural areas, owing in particular to the lack of birth registration or of marriage, divorce or death certificates.","labels":["Women/girls","Children","Persons living in rural/remote areas","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"}]},{"id":"cedaw-c-gc-34-0029","docId":"cedaw-c-gc-34","idx":29,"n":29,"text":"29. In line with general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, States parties should ensure that rural women may acquire, change, retain or renounce their nationality, or transfer it to their children and foreign spouse under the same conditions as men, and that they are aware of their rights in this regard. States parties should also provide rural women with access to personal identification documents (such as identity cards, passports and social security numbers) and ensure that civil registration procedures, including for birth, marriage, divorce and death, are accessible in rural areas.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0030","docId":"cedaw-c-gc-34","idx":30,"n":30,"text":"30. Article 15 provides for equality of women and men before the law and identical legal capacity in civil matters, so that, for example, rural women have the same legal capacity as men to conclude contracts and administer property independent of their husband or any male guardian.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-34-0031","docId":"cedaw-c-gc-34","idx":31,"n":31,"text":"31. States parties should ensure that rural women are equal before the law and have the same legal capacity as men in civil matters, including to conclude contracts and administer property independent of their husband or any male guardian.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0032","docId":"cedaw-c-gc-34","idx":32,"n":32,"text":"32. Article 16 provides for equality for women in marriage and family relations, which is something that many rural women do not enjoy owing to discriminatory social norms, practices and laws, plural justice systems where they exist, or the lack of enforcement of relevant laws. Girls from rural communities are at special risk of child and/or forced marriage and early pregnancy. Rural women are also disproportionately affected by polygamy, which severely undermines equality in marriage and family relations.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-34-0033","docId":"cedaw-c-gc-34","idx":33,"n":33,"text":"33. States parties should harmonize personal status and family laws with article 16, in line with general recommendations No. 21 (1994) on equality in marriage and family relations and No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, guarantee that rural women have equal rights in marriage, including to marital property upon divorce or death of their spouse and to maintenance or alimony, and raise awareness of women’s rights within marriage in rural areas.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-34-0034","docId":"cedaw-c-gc-34","idx":34,"n":34,"text":"34. States parties should take steps to prevent and prohibit child and/or forced marriage among rural women and girls, including through the reform and enforcement of laws prohibiting such practices in rural areas, media campaigns, particularly aimed at raising the awareness of men, the provision of school-based prevention programmes, including comprehensive age-appropriate sexual and reproductive health education, as well as the provision of social and health services for rural married girls and girls at risk of child and/or forced marriage. In addition, States parties should discourage and prohibit the practice of polygamy, which may be more common in rural areas.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0035","docId":"cedaw-c-gc-34","idx":35,"n":35,"text":"35. Rural women must be regarded as drivers of sustainable development. Notwithstanding the vital role of rural women in agriculture and rural development, policies and initiatives are often not gender-responsive and rural women often do not benefit from enabling frameworks. The rights of rural women are also often not taken into consideration in disarmament, demobilization and reintegration efforts in conflict and post-conflict environments.","labels":["Women/girls","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","A. Right to participate in and benefit from rural development (art. 14, para. 2 (a))"]},{"id":"cedaw-c-gc-34-0036","docId":"cedaw-c-gc-34","idx":36,"n":36,"text":"36. States parties should establish enabling institutional, legal and policy frameworks to ensure that rural development, agricultural and water policies, including with respect to forestry, livestock, fisheries and aquaculture, are gender-responsive and have adequate budgets. States parties should ensure:","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","A. Right to participate in and benefit from rural development (art. 14, para. 2 (a))"]},{"id":"cedaw-c-gc-34-0037","docId":"cedaw-c-gc-34","idx":37,"n":37,"text":"37. Access to health care, including sexual and reproductive health care, is often extremely limited for rural women, including older women and women with disabilities, owing to prevailing social norms and patriarchal attitudes, insufficient budget allocations to rural health services, the lack of infrastructure and trained personnel, the lack of information on modern methods of contraception, remoteness and the lack of transport. The lack of access to adequate food and nutrition, safe drinking water, sanitation and waste management facilities results in increased health risks. Some conditions, such as obstetric fistula, are also more prevalent among rural women and result directly from the lack of access to emergency health services capable of performing caesarean sections, and indirectly from early pregnancy and malnutrition.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","B. Health-care services (art. 14, para. 2 (b), read alongside art. 12)"]},{"id":"cedaw-c-gc-34-0038","docId":"cedaw-c-gc-34","idx":38,"n":38,"text":"38. Maternal mortality and morbidity are disproportionately high in many rural areas. Child marriage exposes rural girls to early pregnancy and significantly contributes to maternal mortality, in particular in developing countries. Globally, the presence of skilled birth attendants and medical personnel is lower in rural than urban areas and leads to poor prenatal, perinatal and postnatal care. There is a greater unmet need for family planning services and contraception owing to poverty, the lack of information and the limited availability and accessibility of services. Rural women are more likely to resort to unsafe abortion than their urban counterparts, a situation that puts their lives at risk and compromises their health. Even in countries in which abortion is legal, restrictive conditions, including unreasonable waiting periods, often impede access for rural women. When abortion is illegal, the health impact is even greater.","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","B. Health-care services (art. 14, para. 2 (b), read alongside art. 12)"]},{"id":"cedaw-c-gc-34-0039","docId":"cedaw-c-gc-34","idx":39,"n":39,"text":"39. States parties should safeguard the right of rural women and girls to adequate health care, and ensure:","labels":["Women/girls","Children","Adolescents","Persons with disabilities","Persons living with HIV/AIDS","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","B. Health-care services (art. 14, para. 2 (b), read alongside art. 12)"]},{"id":"cedaw-c-gc-34-0040","docId":"cedaw-c-gc-34","idx":40,"n":40,"text":"40. Article 14, paragraph 2 (c), provides that States parties shall ensure that rural women benefit directly from social security programmes. However, a majority of rural women have limited opportunities in the formal labour market and are more likely to be engaged in activities not regulated by labour codes and social security legislation linked with formal employment. They are therefore exposed to increased risks and need measures of social protection that take their situation into account.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","C. Economic and social life (art. 14, para. 2 (c), read alongside art. 11, paras. 1 (e) and 2 (b), and art. 13 (a))"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0041","docId":"cedaw-c-gc-34","idx":41,"n":41,"text":"41. To eliminate discrimination against rural women in economic and social life, States parties should:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","C. Economic and social life (art. 14, para. 2 (c), read alongside art. 11, paras. 1 (e) and 2 (b), and art. 13 (a))"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0042","docId":"cedaw-c-gc-34","idx":42,"n":42,"text":"42. Worldwide, rural women and girls have lower levels of literacy and are disadvantaged when it comes to access to education and training. Rural girls may be victims of child and/or forced marriage and experience sexual harassment and violence in and out of educational settings, which may force them to drop out of school. Their school attendance is also often curtailed by chores, such as domestic and care work, including cooking, childcare, farm work and fetching water and firewood, the long distances to travel to school and the lack of adequate water, toilet facilities and sanitation in schools, which fail to meet the needs of menstruating girls. In some regions, students and teachers in girls’ schools face threats and attacks from opponents of girls’ education.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"]},{"id":"cedaw-c-gc-34-0043","docId":"cedaw-c-gc-34","idx":43,"n":43,"text":"43. States parties should protect the right of rural girls and women to education, and ensure that:","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"]},{"id":"cedaw-c-gc-34-0044","docId":"cedaw-c-gc-34","idx":44,"n":44,"text":"44. In addition to training and education, article 14, paragraph 2 (d), also provides that rural women shall be able to benefit from community and extension services, which play an important role in education for farmers, farm productivity and women’s economic empowerment. Those services often do not respond effectively to rural women’s priorities, capacities and needs, and insufficiently promote their access to technical knowledge.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0045","docId":"cedaw-c-gc-34","idx":45,"n":45,"text":"45. States parties should improve the design and delivery of high-quality agricultural extension and rural advisory services, recognizing women as farmers and clients. Such services should ensure that male and female extension and rural advisory service staff have expertise in gender-responsive programme design and delivery and are regularly trained on women’s rights, gender equality, gender analysis and gender-responsive programming. States parties should adopt, implement and regularly monitor and evaluate genderresponsive agricultural extension and rural advisory policies and programmes.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"]},{"id":"cedaw-c-gc-34-0046","docId":"cedaw-c-gc-34","idx":46,"n":46,"text":"46. States parties should promote rural women’s representation in agricultural extension services by employing a greater number of women as extension and advisory staff, and ensure that organizational policies are supportive of the rights, needs and aspirations of women. States parties should also increase the proportion of educational content provided through extension services that is relevant to rural women by employing additional female scientists in agricultural research.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"]},{"id":"cedaw-c-gc-34-0047","docId":"cedaw-c-gc-34","idx":47,"n":47,"text":"47. States parties should specifically promote rural women’s access to technical knowledge on food harvesting techniques, preservation, storage, processing, packaging, marketing and entrepreneurship.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"]},{"id":"cedaw-c-gc-34-0048","docId":"cedaw-c-gc-34","idx":48,"n":48,"text":"48. Rural women have limited paid employment opportunities and tend to work extremely long hours in low-skilled, part-time, seasonal, low-paid or unpaid jobs, home-based activities and subsistence farming. They are disproportionately represented in the informal sector, uncovered by social protection. Unequal access to income diversification opportunities often results in rural women being poorer than rural men.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","E. Employment (art. 14, para. 2 (e), read alongside art. 11)"]},{"id":"cedaw-c-gc-34-0049","docId":"cedaw-c-gc-34","idx":49,"n":49,"text":"49. Rural women are overrepresented among agricultural workers in many regions, exposing them to increased health risks linked to the improper and extensive use of fertilizers and pesticides by various actors, resulting in illnesses, early deaths, pregnancy complications, fetal disorders and physical and developmental disorders in infants and children. Those risks are compounded by their underrepresentation in agricultural cooperatives, farmers’ and producers’ organizations, land administration and rural workers’ organizations, and their limited access to extension services.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","E. Employment (art. 14, para. 2 (e), read alongside art. 11)"]},{"id":"cedaw-c-gc-34-0050","docId":"cedaw-c-gc-34","idx":50,"n":50,"text":"50. States parties should fully incorporate the right to decent conditions of work and the principle of equal pay for work of equal value into their legal and policy frameworks, paying special attention to the situation and labour force representation of rural women, in line with general recommendations No. 13 (1989) on equal remuneration for work of equal value and No. 23.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","E. Employment (art. 14, para. 2 (e), read alongside art. 11)"]},{"id":"cedaw-c-gc-34-0051","docId":"cedaw-c-gc-34","idx":51,"n":51,"text":"51. States parties should strengthen local rural economies, including through the promotion of social and solidarity economies, and create local employment opportunities and livelihoods for rural women in the context of sustainable development. They should review relevant laws, regulations and policies that limit rural women’s access to decent employment and eliminate practices that discriminate against women in rural labour markets, such as not hiring women for certain jobs.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","E. Employment (art. 14, para. 2 (e), read alongside art. 11)"]},{"id":"cedaw-c-gc-34-0052","docId":"cedaw-c-gc-34","idx":52,"n":52,"text":"52. States parties should further ensure rural women’s rights to employment by:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","E. Employment (art. 14, para. 2 (e), read alongside art. 11)"]},{"id":"cedaw-c-gc-34-0053","docId":"cedaw-c-gc-34","idx":53,"n":53,"text":"53. Rural women have a right to participate in decision-making at all levels and in community-level discussions with high authorities, yet they are inadequately represented as elected officials, as civil servants, in rural extension and water, forestry or fishery services, in cooperatives and in community or elders’ councils. Their limited participation may be due to a lack of education, language and literacy constraints, limited mobility and transport, conflict and security concerns, discriminatory gender norms and stereotypes and a lack of time owing to childcare, the task of fetching water and other responsibilities. Limited knowledge of relevant legal, political and institutional procedures may also limit their effective participation in decision-making processes.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","F. Political and public life (art. 14, paras. 2 (a) and 2 (f), read alongside art. 7)"]},{"id":"cedaw-c-gc-34-0054","docId":"cedaw-c-gc-34","idx":54,"n":54,"text":"54. To ensure the active, free, effective, meaningful and informed participation of rural women in political and public life, and at all levels of decision-making, States parties should implement general recommendations Nos. 23 and 25, and specifically:","labels":["Women/girls","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","F. Political and public life (art. 14, paras. 2 (a) and 2 (f), read alongside art. 7)"]},{"id":"cedaw-c-gc-34-0055","docId":"cedaw-c-gc-34","idx":55,"n":55,"text":"55. Rural women often have only limited rights over land and natural resources. In many regions, they suffer from discrimination in relation to land rights, including with respect to communal lands, which are controlled largely by men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)"]},{"id":"cedaw-c-gc-34-0056","docId":"cedaw-c-gc-34","idx":56,"n":56,"text":"56. The Committee considers rural women’s rights to land, natural resources, including water, seeds and forests, and fisheries as fundamental human rights. Barriers that prevent them from enjoying these rights often include discriminatory laws, the lack of harmonization of laws and their ineffective implementation at the national and local levels, and discriminatory cultural attitudes and practices.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","1. Land and natural resources"]},{"id":"cedaw-c-gc-34-0057","docId":"cedaw-c-gc-34","idx":57,"n":57,"text":"57. States parties should take all measures, including temporary special measures, necessary to achieve the substantive equality of rural women in relation to land and natural resources, and design and implement a comprehensive strategy to address discriminatory stereotypes, attitudes and practices that impede their rights to land and natural resources.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","1. Land and natural resources"]},{"id":"cedaw-c-gc-34-0058","docId":"cedaw-c-gc-34","idx":58,"n":58,"text":"58. States parties should pay special attention to customary systems, which often govern land management, administration and transfer, in particular in rural areas, and ensure that they do not discriminate against rural women. They should raise awareness about rural women’s rights to land, water and other natural resources among traditional, religious and customary leaders, lawmakers, the judiciary, lawyers, law enforcement authorities, land administrators, the media and other relevant actors.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","1. Land and natural resources"]},{"id":"cedaw-c-gc-34-0059","docId":"cedaw-c-gc-34","idx":59,"n":59,"text":"59. States parties should ensure that legislation guarantees rural women’s rights to land, water and other natural resources on an equal basis with men, irrespective of their civil and marital status or of a male guardian or guarantor, and that they have full legal capacity. They should ensure that indigenous women in rural areas have equal access with indigenous men to ownership and possession of and control over land, water, forests, fisheries, aquaculture and other resources that they have traditionally owned, occupied or otherwise used or acquired, including by protecting them against discrimination and dispossession. In addition, States parties should:","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","1. Land and natural resources"]},{"id":"cedaw-c-gc-34-0060","docId":"cedaw-c-gc-34","idx":60,"n":60,"text":"60. The consequences of industrial agriculture have often been detrimental to rural women farmers and have included soil degradation and erosion, water depletion and the use of cash crops to the detriment of local food crops. The controversial use of genetically modified organisms and the patenting of genetically altered crops are also linked to increased agricultural industrialization. Rural women, however, are more often engaged in organic and sustainable farming practices.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","2. Agricultural and land policies and organic farming"]},{"id":"cedaw-c-gc-34-0061","docId":"cedaw-c-gc-34","idx":61,"n":61,"text":"61. Global food, energy, financial and environmental crises have led to the increased sale and leasing of land owned by the State or other actors to local, national and foreign investors. Such agreements, often accompanied by expropriations, have put rural women at risk of forced eviction and increased poverty and have further diminished their access to and control over land, territories and natural resources, such as water, fuelwood and medicinal plants. Displacement negatively affects rural women in multiple ways, and they often suffer gender-based violence in that context.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","2. Agricultural and land policies and organic farming"]},{"id":"cedaw-c-gc-34-0062","docId":"cedaw-c-gc-34","idx":62,"n":62,"text":"62. States parties should implement agricultural policies that support rural women farmers, recognize and protect the natural commons, promote organic farming and protect rural women from harmful pesticides and fertilizers. They should ensure that rural women have effective access to agricultural resources, including high-quality seeds, tools, knowledge and information, as well as equipment and resources for organic farming. In addition, States parties should:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","2. Agricultural and land policies and organic farming"]},{"id":"cedaw-c-gc-34-0063","docId":"cedaw-c-gc-34","idx":63,"n":63,"text":"63. Rural women are critical to achieving food security, reducing poverty, malnutrition and hunger and promoting rural development, yet their contribution is often unpaid, unacknowledged and poorly supported. Rural women are among those most affected by food insecurity, exposed to food price volatility, malnutrition and hunger, and likely to suffer when food prices escalate (see A/HRC/22/50).","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0064","docId":"cedaw-c-gc-34","idx":64,"n":64,"text":"64. States parties should ensure the realization of the right to food and nutrition of rural women within the framework of food sovereignty and ensure that they have the authority to manage and control their natural resources.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0065","docId":"cedaw-c-gc-34","idx":65,"n":65,"text":"65. States parties should pay particular attention to the nutritional needs of rural women, in particular pregnant and lactating women, putting in place effective policies ensuring that rural women have access to adequate food and nutrition, taking into account the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0066","docId":"cedaw-c-gc-34","idx":66,"n":66,"text":"66. States parties should adopt laws, policies and measures to promote and protect the diverse local agricultural methods and products of rural women and their access to markets. They should ensure the diversity of crops and medicinal resources to improve rural women’s food security and health, as well as access to livestock.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0067","docId":"cedaw-c-gc-34","idx":67,"n":67,"text":"67. Access to financial services on fair terms is crucial for the development of rural women’s enterprises and for their income-generating and livelihood strategies as producers and entrepreneurs. Constraints on women’s access to financial services include: legal and policy barriers, which may not allow women to apply for credit in their own right; discriminatory attitudes that prevent women from holding bank accounts or entering into contracts without the consent of a male relative; and requests for collaterals that rural women may lack.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0068","docId":"cedaw-c-gc-34","idx":68,"n":68,"text":"68. States parties should promote the transition to formal financial services and ensure rural women’s access to credit, loans, matrimonial savings, insurance and domestic payment services, on the basis of equality with rural men, and promote their economic, financial and business skills. States parties should ensure that rural women have equal access to:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0069","docId":"cedaw-c-gc-34","idx":69,"n":69,"text":"69. States parties should ensure that financial services, including credit and loans, include gender-responsive mechanisms and are not withheld from rural women because they lack a male guarantor. Registration procedures should be adapted to the time and mobility challenges faced by many rural women. Agricultural credit and loans should allow for the untenured nature of the smallholdings held by many women farmers, so that rural women who may lack formal tenure rights are still able to gain access to them.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition","insurance and domestic payment services, on the basis of equality with rural men, and promote their economic, financial and business skills. States parties should ensure that rural women have equal access to:"]},{"id":"cedaw-c-gc-34-0070","docId":"cedaw-c-gc-34","idx":70,"n":70,"text":"70. For rural women farmers and producers to sell their goods and produce successfully, they must have access to markets and marketing facilities and develop effective marketing skills. However, public and private discrimination, as well as limitations on mobility and time, may serve to exclude rural women from the use of marketing facilities and supply chains. Rural women also tend to be underrepresented on market committees and often have little input into the design, creation, use and upgrading of local marketing facilities.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","5. Markets and marketing facilities"]},{"id":"cedaw-c-gc-34-0071","docId":"cedaw-c-gc-34","idx":71,"n":71,"text":"71. States parties should ensure that rural women have access to markets and marketing facilities and that, as farmers and producers, they are explicitly consulted on their problems regarding access to and the effective use of markets, so that marketing facilities may better address their needs. States parties should also seek to improve their marketing skills and their skills to add value to their products, including through targeted outreach activities.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","5. Markets and marketing facilities"]},{"id":"cedaw-c-gc-34-0072","docId":"cedaw-c-gc-34","idx":72,"n":72,"text":"72. States should also develop specific support and agricultural extension programmes and advisory services to promote the economic and entrepreneurial skills of rural women and to improve their capacity to gain access to markets and value chains.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","5. Markets and marketing facilities"]},{"id":"cedaw-c-gc-34-0073","docId":"cedaw-c-gc-34","idx":73,"n":73,"text":"73. Reducing rural women’s labour time and effort through infrastructure and technological innovation is particularly vital. In this regard, they are in need of agricultural, irrigation and water-harvesting technology and labour-saving agricultural equipment. Furthermore, the access of rural women to information and communications technology (ICT) and mobile networks is as important as improving their marketing and other skills.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","6. Technology"]},{"id":"cedaw-c-gc-34-0074","docId":"cedaw-c-gc-34","idx":74,"n":74,"text":"74. States parties should ensure that labour-saving and environmentally sound technology, including agricultural, irrigation and water-harvesting technology, and technology to reduce the burden of unpaid domestic and productive work are available and accessible to rural women and create enabling environments that improve their access to technology, including ICT, in rural areas. Rural women should be consulted in the development of such technology and their access to such innovative technological solutions should be promoted.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","6. Technology"]},{"id":"cedaw-c-gc-34-0075","docId":"cedaw-c-gc-34","idx":75,"n":75,"text":"75. ICT (including radio, television, mobile phones, computers and the Internet) plays an important role in empowering rural women and girls by connecting them to the broader world and providing easy access to information and education. Various forms of technology can meet a diversity of needs, from joining online communities to taking advantage of distance learning. However, rural women and girls are disproportionately affected by gender gaps in access to ICT, which is an important dimension of the digital divide. For rural women and girls, poverty, geographic isolation, language barriers, a lack of computer literacy and discriminatory gender stereotypes can all hamper access to ICT.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","7. Information and communications technology"]},{"id":"cedaw-c-gc-34-0076","docId":"cedaw-c-gc-34","idx":76,"n":76,"text":"76. States parties should adopt measures to promote gender equality in the ICT sector and improve the access of rural women and girls to ICT, as well as develop or expand initiatives to increase their ICT skills, for example, through the development of village-based or community-based knowledge centres. States parties should also explore public awareness-raising and training through mobile phone technology, which has the potential to reach rural women and girls.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","7. Information and communications technology"]},{"id":"cedaw-c-gc-34-0077","docId":"cedaw-c-gc-34","idx":77,"n":77,"text":"77. Land and agrarian reform often exclude rural women and are not implemented in a gender-responsive manner. Land reform policies sometimes have a male bias, such as registering land only in men’s names, making compensation payments mostly in their name or compensating for land use restrictions (resulting in the loss of land, the loss of use and the loss of land value) based only on men’s activities.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","7. Information and communications technology"]},{"id":"cedaw-c-gc-34-0078","docId":"cedaw-c-gc-34","idx":78,"n":78,"text":"78. States parties should give priority to rural women’s equal rights to land when undertaking land and agrarian reforms and consider it a specific and central objective of land reform. They should:","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","7. Information and communications technology"]},{"id":"cedaw-c-gc-34-0079","docId":"cedaw-c-gc-34","idx":79,"n":79,"text":"79. The right to adequate housing is of particular concern in rural areas, where basic infrastructure and services are often inaccessible or of poor quality. Many of the measures that protect rural women’s rights to land (for example, the recognition of women’s legal capacity, the recognition of the security of tenure and the elimination of discrimination against women in registration and titling) can be applied to protect their right to adequate housing (see A/HRC/19/53). However, additional measures can also be taken to improve the conditions of rural housing from a gender-responsive perspective.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","1. Housing"]},{"id":"cedaw-c-gc-34-0080","docId":"cedaw-c-gc-34","idx":80,"n":80,"text":"80. States parties should address housing as part of overall rural development and ensure that measures are developed in consultation with rural women. States parties should improve the quality of rural housing through the design and implementation of targeted policies and programmes that take into account the specific needs of rural women. Such efforts should be made in line with international housing rights standards, including the basic principles and guidelines on development-based evictions and displacement (A/HRC/4/18, annex I), and should contain strong measures to protect rural women effectively from forced eviction by State and non-State actors.","labels":["Women/girls","Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","1. Housing"]},{"id":"cedaw-c-gc-34-0081","docId":"cedaw-c-gc-34","idx":81,"n":81,"text":"81. The rights of rural women and girls to water and sanitation are not only essential rights in themselves but also key to the realization of a wide range of other rights, including rights to health, food, education and participation.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","2. Water, sanitation and energy"]},{"id":"cedaw-c-gc-34-0082","docId":"cedaw-c-gc-34","idx":82,"n":82,"text":"82. Rural women and girls are among those most affected by water scarcity; a situation that is aggravated by unequal access to natural resources and the lack of infrastructure and services. Rural women and girls are frequently obliged to walk long distances to fetch water, sometimes exposing them to a heightened risk of sexual violence and attacks. Owing to poor rural infrastructure and services in many regions, rural women often spend four to five hours per day (or more) collecting water from sometimes poor-quality sources, carrying heavy containers and suffering acute physical problems, as well as facing illnesses caused by the use of unsafe water. Various forms of low-cost and effective technology exist that could ease the burden, including well-drilling technology, water extraction systems, wastewater reuse technology, labour-saving irrigation technology, rain-harvesting and household water treatment and purification systems.","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","2. Water, sanitation and energy"]},{"id":"cedaw-c-gc-34-0083","docId":"cedaw-c-gc-34","idx":83,"n":83,"text":"83. In the absence of toilets or latrines, rural women and girls must also walk long distances in search of privacy. The lack of adequate sanitation also increases their risk of ill health. To remedy this situation, rural women and girls must have physical and economic access to sanitation that is safe, hygienic, secure and socially and culturally acceptable.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","2. Water, sanitation and energy"]},{"id":"cedaw-c-gc-34-0084","docId":"cedaw-c-gc-34","idx":84,"n":84,"text":"84. Rural women’s access to electricity and other forms of energy is often limited. The responsibility for biomass collection and use for energy production, and the associated health and safety risks, falls primarily on women and girls. They are traditionally responsible for meeting household energy requirements and, as the principal consumers of energy at the household level, are also likely to be more directly affected by cost increases or resource scarcity. While a specific reference to electricity is made in article 14, paragraph 2 (h), it is important to recognize that rural women may also have other energy needs, for example for cooking, heating, cooling and transportation.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","2. Water, sanitation and energy"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0085","docId":"cedaw-c-gc-34","idx":85,"n":85,"text":"85. States parties should ensure that rural women have access to essential services and public goods, including:","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","2. Water, sanitation and energy"]},{"id":"cedaw-c-gc-34-0086","docId":"cedaw-c-gc-34","idx":86,"n":86,"text":"86. Transport and road access pose significant challenges for rural women and have an impact on their enjoyment of various rights, including access to education, livelihood opportunities and health care. Geographical distance, inhospitable terrain, a lack of infrastructure and access to public transportation can all limit day-to-day mobility. Even when transportation alternatives are available in rural areas, the associated costs of travel or risks of sexual harassment and violence can serve as strong disincentives for rural women to use them. Consequently, they often spend long hours travelling by foot, creating other problems for them in terms of increased time poverty and risks to health and safety.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","3. Transportation"]},{"id":"cedaw-c-gc-34-0087","docId":"cedaw-c-gc-34","idx":87,"n":87,"text":"87. States parties should analyse the sex-differentiated demands for transport services in rural areas, ensure that transportation sector policies and programmes reflect the mobility needs of rural women and provide them with safe, affordable and accessible means of transport.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","3. Transportation"]},{"id":"cedaw-c-gc-34-0088","docId":"cedaw-c-gc-34","idx":88,"n":88,"text":"88. Rural women in developed and developing countries often face similar challenges in terms of poverty and exclusion and may have similar needs in terms of accessible services, social protection and economic empowerment. As in many developing countries, rural economies in developed countries tend to favour men, and rural development policies in developed countries may also at times pay scant attention to women’s needs and rights. Rural women in developed countries (and in developing countries) continue to need targeted policies and programmes that promote and guarantee the enjoyment of their rights. Many of the recommendations made in the preceding sections will be relevant to the situation of rural women living in developed countries. Nonetheless, there are unique issues that merit special attention.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Rural women in developed countries"]},{"id":"cedaw-c-gc-34-0089","docId":"cedaw-c-gc-34","idx":89,"n":89,"text":"89. For example, many migrant women workers in developed countries are employed in agriculture and often face serious violations of their human rights, including violence, exploitation and denial of access to services, including health care. In addition, the move to industrial farming in many developed countries has tended to marginalize small farmers, having a disproportionate impact on rural women. There is therefore a need to facilitate and support alternative and genderresponsive agricultural development programmes that enable small-scale women producers to participate in and benefit from agriculture and rural development. In addition, while rural communities in developed countries may often be well connected to social services and have access to transportation infrastructure, water, sanitation, technology, education and health-care systems, among others, the situation is not equal across all rural communities. In many places, such access is noticeably lacking, and women living within those rural communities experience not only the deprivation of such rights but also an increased burden of care work as a result. This holds particularly true in peripheral or remote rural communities, including indigenous ones, which are isolated and tend to have higher levels of poverty.","labels":["Indigenous peoples","Migrants","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Rural women in developed countries"]},{"id":"cedaw-c-gc-34-0090","docId":"cedaw-c-gc-34","idx":90,"n":90,"text":"90. States parties should ensure the implementation of general recommendation No. 26 (2008) on women migrant workers, paying special attention to rural women working as seasonal migrant farmworkers. They should in this regard ensure legal protection for the rights of rural women migrant workers and access to remedies, protecting both documented and undocumented rural women migrant workers from discrimination or sex-based exploitation and abuse.","labels":["Migrants","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Rural women in developed countries"]},{"id":"cedaw-c-gc-34-0091","docId":"cedaw-c-gc-34","idx":91,"n":91,"text":"States parties should facilitate and support alternative and gender-responsive agricultural development programmes that enable small-scale women producers to participate in and benefit from agriculture and rural development. Such programmes should support women-led farms and women as farmers and promote women’s traditional farming practices.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Rural women in developed countries"]},{"id":"cedaw-c-gc-34-0092","docId":"cedaw-c-gc-34","idx":92,"n":92,"text":"92. States parties should improve the living situation of rural women, in particular indigenous ones, who reside in peripheral regions, which tend to be poorer, more isolated and less connected to social services. They should accord priority to the development of those rural communities, engaging local women in the design and implementation of rural development plans.","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Rural women in developed countries"]},{"id":"cedaw-c-gc-34-0093","docId":"cedaw-c-gc-34","idx":93,"n":93,"text":"93. A fundamental challenge to the implementation of article 14 is a general lack of disaggregated data about the situation of rural women, which prevents the adequate monitoring and enforcement of their rights under the Convention.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["V. Data on the situation of rural women"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0094","docId":"cedaw-c-gc-34","idx":94,"n":94,"text":"94. States parties should collect, analyse, use and disseminate data on the situation of rural women, disaggregated by sex, age, geographical location, disability and socioeconomic, minority or other status. Such data, including for Sustainable Development Goal indicators, should be used to inform and design measures, including temporary special measures, aimed at achieving substantive equality for rural women in all spheres of life. Those data should also include information on the situation of rural women, including on specific groups of rural women who face intersecting forms of discrimination and specific barriers in gaining access to their rights.","labels":["Women/girls","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["V. Data on the situation of rural women"]},{"id":"cedaw-c-gc-34-0095","docId":"cedaw-c-gc-34","idx":95,"n":95,"text":"95. Reservations to any article of the Convention, and in particular articles 2 (f), 5 (a), 7, 9 and 14 to 16, may have a disproportionate impact on rural women. Examples include reservations limiting or otherwise adversely affecting their ability to enjoy rights to housing, land and property, such as those relating to succession and inheritance, as well as reservations limiting their right to political participation.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["VI. Reservations and declarations"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0096","docId":"cedaw-c-gc-34","idx":96,"n":96,"text":"96. States parties that have entered reservations should provide information in their periodic reports to the Committee on the specific effects of such reservations on the enjoyment by rural women of their rights, as set out in the Convention, and indicate the steps taken to keep those reservations under review, with a view to withdrawing them as soon as possible.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["VI. Reservations and declarations"]},{"id":"cedaw-c-gc-34-0097","docId":"cedaw-c-gc-34","idx":97,"n":97,"text":"97. The Committee encourages States parties to translate the present general recommendation into national and local languages, including indigenous and minority languages, and to disseminate it widely to all branches of government, civil society, the media, academic institutions and women’s organizations, including rural women’s organizations. The Committee recommends that, when preparing their periodic reports, especially as regards article 14, States parties consult rural women’s groups, including women farmers’ organizations, producer collectives and rural cooperatives.","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["VII. Dissemination and reporting"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-35-0001","docId":"cedaw-c-gc-35","idx":1,"n":1,"text":"In its general recommendation No. 19 (1992) on violence against women, adopted at its eleventh session,[[fn:1]] the Committee clarified that discrimination against women, as defined in article 1 of the Convention, included gender-based violence, that is “violence which is directed against a woman because she is a woman or that affects women disproportionately”, and that it constituted a violation of their human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":1,"text":"Although first addressed through its general recommendation No. 12 (1989) on violence against women, it was in general recommendation No. 19 that the Committee provided a detailed and comprehensive review of violence against women and a basis for its subsequent work on the issue."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-35-0002","docId":"cedaw-c-gc-35","idx":2,"n":2,"text":"For more than 25 years, in their practice, States parties have endorsed the Committee’s interpretation. The opinio juris and State practice suggest that the prohibition of gender-based violence against women has evolved into a principle of 17-12719 (E) 290817 customary international law. General recommendation No. 19 has been a key catalyst for that process.[[fn:2]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[],"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0003","docId":"cedaw-c-gc-35","idx":3,"n":3,"text":"3. Acknowledging those developments, and the work of the Special Rapporteur on violence against women, its causes and consequences, and of the human rights treaty bodies[[fn:3]] and the special procedures mandate holders of the Human Rights Council,[[fn:4]] the Committee has decided to mark the twenty-fifth anniversary of the adoption of general recommendation No. 19 by providing States parties with further guidance aimed at accelerating the elimination of gender-based violence against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":3,"text":"See, for example, Human Rights Committee, general comment No. 28 (2000) on the equality of rights between men and women; Committee against Torture, general comment No. 2 (2007) on the implementation of article 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016) on the right to sexual and reproductive health; and Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016) on women and girls with disabilities."},{"n":4,"text":"In particular, the Working Group on the issue of discrimination against women in law and practice and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0004","docId":"cedaw-c-gc-35","idx":4,"n":4,"text":"4. The Committee acknowledges that civil society groups, especially women’s non-governmental organizations, have prioritized the elimination of gender-based violence against women; their activities have had a profound social and political impact, contributing to the recognition of gender-based violence against women as a human rights violation and to the adoption of laws and policies to address it.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0005","docId":"cedaw-c-gc-35","idx":5,"n":5,"text":"5. In its concluding observations on the periodic reports of States parties under the Convention[[fn:5]] and the related follow-up procedures, general recommendations, statements, and views and recommendations issued in response to communications[[fn:6]] and inquiries[[fn:7]] under the Optional Protocol to the Convention, the Committee condemns gender-based violence against women, in all its forms, wherever it occurs. Through those mechanisms, the Committee has also clarified standards for eliminating such violence and the obligations of States parties in that regard.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":5,"text":"Almost 600 concluding observations have been adopted by the Committee since the adoption of general recommendation No. 19, most of which contain explicit references to gender-based violence against women."},{"n":6,"text":"In particular, communications No. 2/2003, A.T. v. Hungary, views adopted on 26 January 2005; No. 4/2004, A.S. v. Hungary, views adopted on 14 August 2006; No. 6/2005, Yildirim (deceased) v. Austria, views adopted on 6 August 2007; No. 5/2005, Goekce (deceased) v. Austria, views adopted on 6 August 2007; No. 18/2008, Vertido v. Philippines, views adopted on 16 July 2010; No. 20/2008, V.K. v. Bulgaria, views adopted on 25 July 2011; No. 23/2009, Abramova v. Belarus, views adopted on 25 July 2011; No. 19/2008, Kell v. Canada, views adopted on 28 February 2012; No. 32/2011, Jallow v. Bulgaria, views adopted on 23 July 2012; No. 31/2011, S.V.P. v. Bulgaria, views adopted on 12 October 2012; No. 34/2011, R.P.B. v. Philippines, views adopted on 21 February 2014; No. 47/2012, González Carreño v. Spain, views adopted on 16 July 2014; No. 24/2009, X. and Y. v. Georgia, views adopted on 13 July 2015; No. 45/2012, Belousova v. Kazakhstan, views adopted on 13 July 2015; No. 46/2012, M.W. v. Denmark, views adopted on 22 February 2016; and No. 58/2013, L.R. v. Republic of Moldova, views adopted on 28 February 2017."},{"n":7,"text":"See the report on Mexico produced by the Committee under article 8 of the Optional Protocol to the Convention and the reply from the Government of Mexico. Available from http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno= CEDAW%2fC%2f2005%2fOP.8%2fMEXICO&Lang=en; report of the inquiry concerning Canada (CEDAW/C/OP.8/CAN/1); and the summary of the inquiry concerning the Philippines (CEDAW/C/OP.8/PHL/1)."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0006","docId":"cedaw-c-gc-35","idx":6,"n":6,"text":"6. Despite those advances, gender-based violence against women, whether committed by States, intergovernmental organizations or non-State actors, including private persons and armed groups,[[fn:8]] remains pervasive in all countries, with high levels of impunity. It manifests itself on a continuum of multiple, interrelated and recurring forms, in a range of settings, from private to public, including technology-mediated settings[[fn:9]] and in the contemporary globalized world it transcends national boundaries.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":8,"text":"This includes all types of armed groups, such as rebel forces, gangs and paramilitary groups."},{"n":9,"text":"See General Assembly resolution 68/181, entitled “Promotion of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: protecting women human rights defenders”; report of the Working Group for Broadband and Gender of the Broadband Commission for Sustainable Development, co-chaired by the United Nations Development Programme-United Nations Entity for Gender Equality and the Empowerment of Women (UNWomen), entitled “Cyber violence against women and girls: a worldwide wake-up call”, October 2015; and agreed conclusions of the fifty-seventh session of the Commission on the Status of Women (E/2013/27, chap. I, sect. A)."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0007","docId":"cedaw-c-gc-35","idx":7,"n":7,"text":"7. In many States, legislation addressing gender-based violence against women is non-existent, inadequate or poorly implemented. An erosion of the legal and policy frameworks that aim to eliminate gender-based discrimination or violence, often justified in the name of tradition, culture, religion or fundamentalist ideology, and significant reductions in public spending, often as part of so-called “austerity measures” following economic and financial crises, further weaken States responses. In the context of shrinking democratic spaces and the consequent deterioration of the rule of law, all of those factors contribute to the pervasiveness of gender-based violence against women and lead to a culture of impunity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0008","docId":"cedaw-c-gc-35","idx":8,"n":8,"text":"8. The present general recommendation complements and updates the guidance to States parties set out in general recommendation No. 19 and should be read in conjunction with it.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0009","docId":"cedaw-c-gc-35","idx":9,"n":9,"text":"9. The concept of “violence against women”, as defined in general recommendation No. 19 and other international instruments and documents, has places an emphasis on the fact that such violence is gender-based. Accordingly, in the present recommendation, the term “gender-based violence against women” is used as a more precise term that makes explicit the gendered causes and impacts of the violence. The term further strengthens the understanding of the violence as a social rather than an individual problem, requiring comprehensive responses, beyond those to specific events, individual perpetrators and victims/survivors.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0010","docId":"cedaw-c-gc-35","idx":10,"n":10,"text":"10. The Committee considers that gender-based violence against women is one of the fundamental social, political and economic means by which the subordinate position of women with respect to men and their stereotyped roles are perpetuated. Throughout its work, the Committee has made clear that such violence is a critical obstacle to the achievement of substantive equality between women and men and to the enjoyment by women of their human rights and fundamental freedoms, as enshrined in the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0011","docId":"cedaw-c-gc-35","idx":11,"n":11,"text":"11. In general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, it is indicated that the obligations of States are to respect, protect and fulfil women’s rights to non-discrimination and the enjoyment of de jure and de facto equality.[[fn:10]] The scope of those obligations in relation to gender-based violence against women occurring in particular contexts is addressed in general recommendation No. 28 and other general recommendations, including general recommendation No. 26 (2008) on women migrant workers; general recommendation No. 27 (2010) on older women and the protection of their human rights; general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations; joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices; general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women; general recommendation No. 33 (2015) on women’s access to justice; and general recommendation No. 34 (2016) on the rights of rural women. Further details on the relevant elements of the general recommendations referred to herein may be found in those recommendations.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":10,"text":"General recommendation No. 28, para. 9. Other human rights treaty bodies also use that typology, including the Committee on Economic, Social and Cultural Rights, in its general comment No. 12 (1999) on the right to adequate food."}],"section":["II. Scope"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-35-0012","docId":"cedaw-c-gc-35","idx":12,"n":12,"text":"12. In general recommendation No. 28 and general recommendation No. 33, the Committee confirmed that discrimination against women was inextricably linked to other factors that affected their lives. The Committee, in its jurisprudence, has highlighted the fact that such factors include women’s ethnicity/race, indigenous or minority status, colour, socioeconomic status and/or caste, language, religion or belief, political opinion, national origin, marital status, maternity, parental status, age, urban or rural location, health status, disability, property ownership, being lesbian, bisexual, transgender or intersex, illiteracy, seeking asylum, being a refugee, internally displaced or stateless, widowhood, migration status, heading households, living with HIV/AIDS, being deprived of liberty, and being in prostitution, as well as trafficking in women, situations of armed conflict, geographical remoteness and the stigmatization of women who fight for their rights, including human rights defenders.[[fn:11]] Accordingly, because women experience varying and intersecting forms of discrimination, which have an aggravating negative impact, the Committee acknowledges that gender-based violence may affect some women to different degrees, or in different ways, meaning that appropriate legal and policy responses are needed.[[fn:12]]","labels":["Indigenous peoples","Migrants","Women/girls","LGBTI+","Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":11,"text":"General recommendation No. 33, paras. 8 and 9. Other general recommendations relevant to intersecting forms of discrimination are general recommendation No. 15 (1990) on the avoidance of discrimination against women in national strategies for the prevention and control of AIDS, general recommendation No. 18 (1991) on disabled women, general recommendation No. 21 (1994) on equality in marriage and family relations, general recommendation No. 24 (1999) on women and health, general recommendation No. 26 (2008) on women migrant workers, general recommendation No. 27 (2010) on older women and protection of their human rights, general recommendation No. 30, joint general recommendation No. 31/general comment No. 18, general recommendation No. 32 and general recommendation No. 34. The Committee has also addressed intersecting forms of discrimination in its views on Jallow v. Bulgaria, S.V.P. v. Bulgaria, Kell v. Canada, A.S. v. Hungary, R.P.B. v. Philippines and M.W. v. Denmark, among others, and inquiries, in particular those concerning Mexico, of 2005, and Canada, of 2015 (see footnote 7 above)."},{"n":12,"text":"General recommendation No. 28, para. 18; and report of the inquiry concerning Canada (CEDAW/C/OP.8/CAN/1), para. 197."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0013","docId":"cedaw-c-gc-35","idx":13,"n":13,"text":"13. The Committee recalls article 23 of the Convention, in which it is indicated that any provisions in national legislation or international treaties other than the Convention that are more conducive to the achievement of equality between women and men will prevail over the obligations in the Convention and, accordingly, the recommendations in the present general recommendation. The Committee notes that States parties’ action to address gender-based violence against women is affected by reservations that they maintain to the Convention. It also notes that, as a human rights treaty body, the Committee may assess the permissibility of reservations formulated by States parties,[[fn:13]] and reiterates its view that reservations, especially to article 2 or article 16,[[fn:14]] the compliance with which is particularly crucial in efforts to eliminate gender-based violence against women, are incompatible with the object and purpose of the Convention and thus impermissible under article 28 (2).[[fn:15]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":13,"text":"International Law Commission, Guide to practice on reservations to treaties (A/65/10/Add.1, chap. IV, sect. F, para. 3.2)."},{"n":14,"text":"Statement of the Committee on reservations (A/53/38/Rev.1, part II, chap. I, sect. A, para. 12); see also general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, para. 54-55. In its concluding observations on the reports of States parties under the Convention, the Committee has also indicated that reservations to articles 2, 7, 9 and 16, as well as to general reservations, are incompatible with the object and purpose of the Convention."},{"n":15,"text":"General recommendation No. 28, paras. 41-42."}],"section":["II. Scope"],"citedArticles":[{"treaty":"CEDAW","article":"23","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"28","paragraph":"2","source":"regex"}]},{"id":"cedaw-c-gc-35-0014","docId":"cedaw-c-gc-35","idx":14,"n":14,"text":"14. Gender-based violence affects women throughout their life cycle[[fn:16]] and, accordingly, references to women in the present document include girls. Such violence takes multiple forms, including acts or omissions intended or likely to cause or result in death[[fn:17]] or physical, sexual, psychological or economic harm or suffering to women, threats of such acts, harassment, coercion and arbitrary deprivation of liberty.[[fn:18]] Gender-based violence against women is affected and often exacerbated by cultural, economic, ideological, technological, political, religious, social and environmental factors, as evidenced, among other things, in the contexts of displacement, migration, the increased globalization of economic activities, including global supply chains, the extractive and offshoring industry, militarization, foreign occupation, armed conflict, violent extremism and terrorism. Gender-based violence against women is also affected by political, economic and social crises, civil unrest, humanitarian emergencies, natural disasters and the destruction or degradation of natural resources. Harmful practices[[fn:19]] and crimes against women human rights defenders, politicians,[[fn:20]] activists or journalists are also forms of gender-based violence against women affected by such cultural, ideological and political factors.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":16,"text":"See general recommendation No. 27 and joint general recommendation No. 31/general comment No. 18."},{"n":17,"text":"Deaths resulting from gender-based violence include murders, killings in the name of so-called “honour” and forced suicides. See the report on the inquiry concerning Mexico; and the report of the inquiry concerning Canada (CEDAW/C/OP.8/CAN/1); as well as the concluding observations of the Committee on the following periodic reports of States parties: Chile (CEDAW/C/CHL/CO/5-6 and Corr.1); Finland (CEDAW/C/FIN/CO/7); Guatemala (CEDAW/C/GUA/CO/7); Honduras (CEDAW/C/HND/CO/7-8); Iraq (CEDAW/C/IRQ/CO/4-6); Mexico (CEDAW/C/MEX/CO/7-8); Namibia (CEDAW/C/NAM/CO/4-5); Pakistan (CEDAW/C/PAK/CO/4); South Africa (CEDAW/C/ZAF/CO/4); Turkey (CEDAW/C/TUR/CO/7); and United Republic of Tanzania (CEDAW/C/TZA/CO/7-8), among others."},{"n":18,"text":"General recommendation No. 19, para. 6, and general recommendation No. 28, para. 19."},{"n":19,"text":"Joint general recommendation No. 31/general comment No. 18."},{"n":20,"text":"See the Inter-Parliamentary Union issues brief entitled “Sexism, harassment and violence against women parliamentarians” (October 2016)."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0015","docId":"cedaw-c-gc-35","idx":15,"n":15,"text":"15. Women’s right to a life free from gender-based violence is indivisible from and interdependent on other human rights, including the rights to life, health, liberty and security of the person, equality and equal protection within the family, freedom from torture, cruel, inhumane or degrading treatment, and freedom of expression, movement, participation, assembly and association.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0016","docId":"cedaw-c-gc-35","idx":16,"n":16,"text":"16. Gender-based violence against women may amount to torture or cruel, inhuman or degrading treatment in certain circumstances, including in cases of rape, domestic violence or harmful practices.[[fn:21]] In certain cases, some forms of gender-based violence against women may also constitute international crimes.[[fn:22]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":21,"text":"Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/31/57); report of the Special Rapporteur (A/HRC/7/3), para. 36; concluding observations of the Committee against Torture on the following periodic reports of States parties under the Convention against Torture: Burundi (CAT/C/BDI/CO/1); Guyana (CAT/C/GUY/CO/1); Mexico (CAT/C/MEX/CO/4); Peru (CAT/C/PER/CO/5-6); Senegal (CAT/C/SEN/CO/3); Tajikistan (CAT/C/TJK/CO/2); and Togo (CAT/C/TGO/CO/1); Human Rights Committee, general comment No. 28 (2000) on the equality of rights between men and women; concluding observations of the Human Rights Committee on the following periodic reports of States parties under the International Covenant on Civil and Political Rights: Slovakia (CCPR/CO/78/SVK); Japan (CCPR/C/79/Add.102); and Peru (CCPR/CO/70/PER), among others."},{"n":22,"text":"Including such crimes against humanity and war crimes as rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity, according to articles 7 (1) (g), 8 (2) (b) (xxii) and 8 (2) (e) (vi) of the Rome Statute of the International Criminal Court."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0017","docId":"cedaw-c-gc-35","idx":17,"n":17,"text":"17. The Committee endorses the view of other human rights treaty bodies and special procedures mandate holders that, in determining when acts of gender-based violence against women amount to torture or cruel, inhuman or degrading treatment,[[fn:23]] a gender-sensitive approach is required to understand the level of pain and suffering experienced by women,[[fn:24]] and that the purpose and intent requirements for classifying such acts as torture are satisfied when acts or omissions are gender-specific or perpetrated against a person on the basis of sex.[[fn:25]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":23,"text":"Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/31/57), para. 11."},{"n":24,"text":"For example, to understand that “severe suffering of the victim is inherent in rape, even when there is no evidence of physical injuries or disease. … Women victims of rape also experience complex consequences of a psychological and social nature.” Inter-American Court of Human Rights, Fernández Ortega et al. v. Mexico, judgment of 30 August 2010, para. 124. See also the reports of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/31/57), para. 8, and (A/HRC/7/3), para. 36."},{"n":25,"text":"Committee against Torture, communication No. 262/2005, V.L. v. Switzerland, views adopted on 20 November 2006; reports of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/31/57), para. 8, and (A/HRC/7/3)."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0018","docId":"cedaw-c-gc-35","idx":18,"n":18,"text":"18. Violations of women’s sexual and reproductive health and rights, such as forced sterilization, forced abortion, forced pregnancy, criminalization of abortion, denial or delay of safe abortion and/or post-abortion care, forced continuation of pregnancy, and abuse and mistreatment of women and girls seeking sexual and reproductive health information, goods and services, are forms of gender-based violence that, depending on the circumstances, may amount to torture or cruel, inhuman or degrading treatment.[[fn:26]]","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":26,"text":"Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/31/57); Committee on the Elimination of Discrimination against Women, communication No. 22/2009, L.C. v. Peru, views adopted on 17 October 2011, para. 8.18; and Human Rights Committee, communications No. 2324/2013, Mellet v. Ireland, views adopted on 31 March 2016, para. 7.4, and No. 2425/2014, Whelan v. Ireland, views adopted on 17 March 2017."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0019","docId":"cedaw-c-gc-35","idx":19,"n":19,"text":"19. The Committee regards gender-based violence against women as being rooted in gender-related factors, such as the ideology of men’s entitlement and privilege over women, social norms regarding masculinity, and the need to assert male control or power, enforce gender roles or prevent, discourage or punish what is considered to be unacceptable female behaviour. Those factors also contribute to the explicit or implicit social acceptance of gender-based violence against women, often still considered a private matter, and to the widespread impunity in that regard.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0020","docId":"cedaw-c-gc-35","idx":20,"n":20,"text":"20. Gender-based violence against women occurs in all spaces and spheres of human interaction, whether public or private, including in the contexts of the family, the community, public spaces, the workplace, leisure, politics, sport, health services and educational settings, and the redefinition of public and private through technology-mediated environments,[[fn:27]] such as contemporary forms of violence occurring online and in other digital environments. In all those settings, gender-based violence against women can result from acts or omissions of State or nonState actors, acting territorially or extraterritorially, including extraterritorial military actions of States, individually or as members of international or intergovernmental organizations or coalitions,[[fn:28]] or extraterritorial operations of private corporations.[[fn:29]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":27,"text":"See the report of the Secretary-General entitled “In-depth study on all forms of violence against women” (A/61/122/Add.1 and Corr.1)."},{"n":28,"text":"For example, as part of an international peacekeeping force. See general recommendation No. 30, para. 9."},{"n":29,"text":"Concluding observations of the Committee on the periodic reports of Switzerland (CEDAW/C/CHE/CO/4-5) and Germany (CEDAW/C/DEU/CO/7-8)."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0021","docId":"cedaw-c-gc-35","idx":21,"n":21,"text":"21. Gender-based violence against women constitutes discrimination against women under article 1 and therefore engages all obligations under the Convention. Article 2 provides that the overarching obligation of States parties is to pursue by all appropriate means and without delay a policy of eliminating discrimination against women, including gender-based violence against women. That is an obligation of an immediate nature; delays cannot be justified on any grounds, including economic, cultural or religious grounds. In general recommendation No. 19, it is indicated that, with regard to gender-based violence against women, the obligation comprises two aspects of State responsibility for such violence, that which results from the acts or omissions of both the State party or its actors, on the one hand, and non-State actors, on the other.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["III. State party obligations in relation to gender-based violence against women"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-35-0022","docId":"cedaw-c-gc-35","idx":22,"n":22,"text":"22. Under the Convention and general international law, a State party is responsible for acts or omissions of its organs and agents that constitute gender-based violence against women,[[fn:30]] which include the acts or omissions of officials in its executive, legislative and judicial branches. Article 2 (d) of the Convention provides that States parties, and their organs and agents, are to refrain from engaging in any act or practice of direct or indirect discrimination against women and ensure that public authorities and institutions act in conformity with that obligation. Besides ensuring that laws, policies, programmes and procedures do not discriminate against women, in accordance with articles 2 (c) and (g), States parties must have an effective and accessible legal and legal services framework in place to address all forms of gender-based violence against women committed by State agents, whether on their territory or extraterritorially.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":30,"text":"See International Law Commission, articles on responsibility of States for internationally wrongful acts, article 4, Conduct of organs of a State. See also Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts, article 91."}],"section":["III. State party obligations in relation to gender-based violence against women","A. Responsibility for acts or omissions of State actors"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-35-0023","docId":"cedaw-c-gc-35","idx":23,"n":23,"text":"23. States parties are responsible for preventing such acts or omissions by their own organs and agents, including through training and the adoption, implementation and monitoring of legal provisions, administrative regulations and codes of conduct, and for investigating, prosecuting and applying appropriate legal or disciplinary sanctions, as well as providing reparation, in all cases of gender-based violence against women, including those constituting international crimes, and in cases of failure, negligence or omission on the part of public authorities.[[fn:31]] In so doing, the diversity of women and the risks of intersecting forms of discrimination should be taken into consideration.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":31,"text":"See footnote 6 above and general recommendation No. 33."}],"section":["III. State party obligations in relation to gender-based violence against women","A. Responsibility for acts or omissions of State actors"]},{"id":"cedaw-c-gc-35-0024","docId":"cedaw-c-gc-35","idx":24,"n":24,"text":"24. Under general international law, as well as under international treaties, acts or omissions of a private actor may engage the international responsibility of the State in certain cases, which include the following:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[],"section":["III. State party obligations in relation to gender-based violence against women","B. Responsibility for acts or omissions of non-State actors"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-35-0025","docId":"cedaw-c-gc-35","idx":25,"n":25,"text":"25. In addition, both international humanitarian law and human rights law have recognized the direct obligations of non-State actors in specific circumstances, including as parties to an armed conflict. Those obligations include the prohibition of torture, which is part of customary international law and has become a peremptory norm (jus cogens).[[fn:41]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":41,"text":"General recommendation No. 30."}],"section":["III. State party obligations in relation to gender-based violence against women","B. Responsibility for acts or omissions of non-State actors"]},{"id":"cedaw-c-gc-35-0026","docId":"cedaw-c-gc-35","idx":26,"n":26,"text":"26. The general obligations described above encompass all areas of State action, including in the legislative, executive and judicial branches and at the federal, national, subnational, local and decentralized levels, as well as action under governmental authority by privatized governmental services. They require the formulation of legal norms, including at the constitutional level, and the design of public policies, programmes, institutional frameworks and monitoring mechanisms aimed at eliminating all forms of gender-based violence against women, whether perpetrated by State or non-State actors. They also require, in accordance with articles 2 (f) and 5 (a) of the Convention, the adoption and implementation of measures to eradicate prejudices, stereotypes and practices that are the root causes of gender-based violence against women. In general terms, and without prejudice to the specific recommendations provided in the following section, the obligations include the following:","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[],"section":["III. State party obligations in relation to gender-based violence against women","B. Responsibility for acts or omissions of non-State actors"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-35-0027","docId":"cedaw-c-gc-35","idx":27,"n":27,"text":"27. Building on general recommendation No. 19 and the Committee’s work since its adoption, the Committee urges States parties to strengthen the implementation of their obligations in relation to gender-based violence against women, whether within their territory or extraterritorially. The Committee reiterates its call upon States parties to ratify the Optional Protocol to the Convention and examine all remaining reservations to the Convention with a view to their withdrawal.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Recommendations"]},{"id":"cedaw-c-gc-35-0028","docId":"cedaw-c-gc-35","idx":28,"n":28,"text":"28. The Committee also recommends that States parties take the following measures in the areas of prevention, protection, prosecution and punishment, redress, data collection and monitoring and international cooperation in order to accelerate elimination of gender-based violence against women. All measures should be implemented with an approach centred around the victim/survivor, acknowledging women as right holders and promoting their agency and autonomy, including the evolving capacity of girls, from childhood to adolescence. In addition, the measures should be designed and implemented with the participation of women, taking into account the particular situation of women affected by intersecting forms of discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Recommendations"]},{"id":"cedaw-c-gc-35-0029","docId":"cedaw-c-gc-35","idx":29,"n":29,"text":"The Committee recommends that States parties implement the following legislative measures: (a) Ensure that all forms of gender-based violence against women in all spheres, which amount to a violation of their physical, sexual or psychological integrity, are criminalized and introduce, without delay, or strengthen, legal sanctions commensurate with the gravity of the offence, as well as civil remedies;[[fn:46]] (b) Ensure that all legal systems, including plural legal systems, protect victims/survivors of gender-based violence against women and ensure that they have access to justice and to an effective remedy, in line with the guidance provided in general recommendation No. 33; (c) Repeal, including in customary, religious and indigenous laws, all legal provisions that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or tolerate any form of gender-based violence.[[fn:47]] In particular, repeal the following: (i) Provisions that allow, tolerate or condone forms of gender-based violence against women, including child[[fn:48]] or forced marriage and other harmful practices, provisions allowing medical procedures to be performed on women with disabilities without their informed consent and provisions that criminalize abortion,[[fn:49]] being lesbian, bisexual or transgender, women in prostitution and adultery, or any other criminal provisions that affect women disproportionally, including those resulting in the discriminatory application of the death penalty to women;[[fn:50]] (ii) Discriminatory evidentiary rules and procedures, including procedures allowing for the deprivation of women’s liberty to protect them from violence, practices focused on “virginity” and legal defences or mitigating factors based on culture, religion or male privilege, such as the defence of so-called “honour”, traditional apologies, pardons from the families of victims/survivors or the subsequent marriage of the victim/survivor of sexual assault to the perpetrator, procedures that result in the harshest penalties, including stoning, lashing and death, often being reserved for women and judicial practices that disregard a history of gender-based violence to the detriment of women defendants;[[fn:51]] (iii) All laws that prevent or deter women from reporting gender-based violence, such as guardianship laws that deprive women of legal capacity or restrict the ability of women with disabilities to testify in court, the practice of so-called “protective custody”, restrictive immigration laws that discourage women, including migrant domestic workers, from reporting such violence, and laws allowing for dual arrests in cases of domestic violence or for the prosecution of women when the perpetrator is acquitted; (d) Examine gender-neutral laws and policies to ensure that they do not create or perpetuate existing inequalities and repeal or modify them if they do so;[[fn:52]] (e) Ensure that sexual assault, including rape, is characterized as a crime against the right to personal security and physical, sexual and psychological integrity[[fn:53]] and that the definition of sexual crimes, including marital and acquaintance or date rape, is based on the lack of freely given consent and takes into account coercive circumstances.[[fn:54]] Any time limitations, where they exist, should prioritize the interests of the victims/survivors and give consideration to circumstances hindering their capacity to report the violence suffered to the competent services or authorities.[[fn:55]]","labels":["Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":46,"text":"See footnote 5 above."},{"n":47,"text":"Following the guidance provided in general recommendation No. 33."},{"n":48,"text":"Article 16 (2) of the Convention; and joint general recommendation No. 31/general comment No. 18, para. 42 and para. 55 (f), regarding the conditions under which marriage at an earlier age than 18 years is allowed, in exceptional circumstances."},{"n":49,"text":"See the summary of the inquiry concerning the Philippines (CEDAW/C/OP.8/PHL/1); communication No. 22/2009, T.P.F. v. Peru, views adopted on 17 October 2011; and Committee on Economic, Social and Cultural Rights, general comment No. 22."},{"n":50,"text":"The Committee recalls General Assembly resolutions 62/149, 63/168, 65/206, 67/176, 69/186 and 71/187, in which the Assembly called upon all States that still maintained the death penalty to establish a moratorium on executions with a view to abolishing it."},{"n":51,"text":"See, among others, the concluding observations of the Committee on the following periodic reports of States parties: Afghanistan (CEDAW/C/AFG/CO/1-2); Jordan (CEDAW/C/JOR/CO/6); Papua New Guinea (CEDAW/C/PNG/CO/3); and South Africa (CEDAW/C/ZAF/CO/4); and the report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/35/23)."},{"n":52,"text":"General recommendation No. 28, para. 16."},{"n":53,"text":"See Vertido v. Philippines."},{"n":54,"text":"See Vertido v. Philippines and R.P.B. v. Philippines."},{"n":55,"text":"See L.R. v. Republic of Moldova and general recommendation No. 33, para. 51 (b). Consideration should be given, in particular, to the situation of girls who are victims/survivors of sexual violence."}],"section":["IV. Recommendations","A. General legislative measures"]},{"id":"cedaw-c-gc-35-0030","docId":"cedaw-c-gc-35","idx":30,"n":30,"text":"The Committee recommends that States parties implement the following preventive measures: (a) Adopt and implement effective legislative and other appropriate preventive measures to address the underlying causes of gender-based violence against women, including patriarchal attitudes and stereotypes, inequality in the family and the neglect or denial of women’s civil, political, economic, social and cultural rights, and to promote the empowerment, agency and voices of women; (b) Develop and implement effective measures, with the active participation of all relevant stakeholders, such as representatives of women’s organizations and of marginalized groups of women and girls, to address and eradicate the stereotypes, prejudices, customs and practices set out in article 5 of the Convention, which condone or promote gender-based violence against women and underpin the structural inequality of women with men. Such measures should include the following: (i) Integration of content on gender equality into curricula at all levels of education, both public and private, from early childhood onwards and into education programmes with a human rights approach. The content should target stereotyped gender roles and promote the values of gender equality and non-discrimination, including non-violent masculinities, and ensure age-appropriate, evidence-based and scientifically accurate comprehensive sexuality education for girls and boys; (ii) Awareness-raising programmes that promote an understanding of gender-based violence against women as unacceptable and harmful, provide information about available legal recourses against it and encourage the reporting of such violence and the intervention of bystanders; address the stigma experienced by victims/survivors of such violence; and dismantle the commonly held victim-blaming beliefs under which women are responsible for their own safety and for the violence that they suffer. The programmes should target women and men at all levels of society; education, health, social services and law enforcement personnel and other professionals and agencies, including at the local level, involved in prevention and protection responses; traditional and religious leaders; and perpetrators of any form of gender-based violence, so as to prevent repeat offending; (c) Develop and implement effective measures to make public spaces safe for and accessible to all women and girls, including by promoting and supporting community-based measures adopted with the participation of women’s groups. Measures should include ensuring adequate physical infrastructure, including lighting, in urban and rural settings, in particular in and around schools; (d) Adopt and implement effective measures to encourage the media to eliminate discrimination against women, including the harmful and stereotypical portrayal of women or specific groups of women, such as women human rights defenders, from their activities, practices and output, including in advertising, online and in other digital environments. Measures should include the following: (i) Encouraging the creation or strengthening of self-regulatory mechanisms by media organizations, including online or social media organizations, aimed at the elimination of gender stereotypes relating to women and men, or to specific groups of women, and addressing gender-based violence against women that takes place through their services and platforms; (ii) Guidelines for the appropriate coverage by the media of cases of gender-based violence against women; (iii) Establishing or strengthening the capacity of national human rights institutions to monitor or consider complaints regarding any media that portray gender-discriminatory images or content that objectify or demean women or promote violent masculinities;[[fn:56]] (e) Provide mandatory, recurrent and effective capacity-building, education and training for members of the judiciary, lawyers and law enforcement officers, including forensic medical personnel, legislators and health-care professionals,[[fn:57]] including in the area of sexual and reproductive health, in particular sexually transmitted infections and HIV prevention and treatment services, and all education, social and welfare personnel, including those working with women in institutions, such as residential care homes, asylum centres and prisons,[[fn:58]] to equip them to adequately prevent and address gender-based violence against women. Such education and training should promote understanding of the following: (i) How gender stereotypes and bias lead to gender-based violence against women and inadequate responses to it;[[fn:59]] (ii) Trauma and its effects, the power dynamics that characterize intimate partner violence and the varying situations of women experiencing diverse forms of gender-based violence, which should include the intersecting forms of discrimination affecting specific groups of women and adequate ways of interacting with women in the context of their work and eliminating factors that lead to their revictimization and weaken their confidence in State institutions and agents;[[fn:60]] (iii) National legal provisions and national institutions on gender-based violence against women, the legal rights of victims/survivors, international standards and associated mechanisms and their responsibilities in that context, which should include due coordination and referrals among diverse bodies and the adequate documentation of such violence, giving due respect for women’s privacy and right to confidentiality and with the free and informed consent of the victims/survivors; (f) Encourage, through the use of incentives and corporate responsibility models and other mechanisms, the engagement of the private sector, including businesses and transnational corporations, in efforts to eradicate all forms of gender-based violence against women and in enhancing its responsibility for such violence in the scope of its action,[[fn:61]] which should entail protocols and procedures addressing all forms of gender-based violence that may occur in the workplace or affect women workers, including effective and accessible internal complaints procedures, the use of which should not exclude recourse to law enforcement authorities, and should also address workplace entitlements for victims/survivors.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons living with HIV/AIDS","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":56,"text":"Concluding observations of the Committee on the combined periodic reports of Croatia (CEDAW/C/HRV/CO/4-5)."},{"n":57,"text":"See footnote 5 above and the World Health Organization clinical and policy guidelines on responding to intimate partner violence and sexual violence against women (2013)."},{"n":58,"text":"See Abramova v. Belarus; communication No. 53/2013, A. v. Denmark, views adopted on 19 November 2015; and General Assembly resolution 65/229 on the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)."},{"n":59,"text":"See, among others, Belousova v. Kazakhstan, R.P.B. v. Philippines, Jallow v. Bulgaria and L.R. v. Republic of Moldova."},{"n":60,"text":"See M.W. v. Denmark, R.P.B. v. Philippines, Jallow v. Bulgaria and Kell v. Canada."},{"n":61,"text":"General recommendation No. 28, para. 28. See the “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework” (A/HRC/17/31)."}],"section":["IV. Recommendations","B. Prevention"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-35-0031","docId":"cedaw-c-gc-35","idx":31,"n":31,"text":"The Committee recommends that States parties implement the following protective measures: (a) Adopt and implement effective measures to protect and assist women complainants of and witnesses to gender-based violence before, during and after legal proceedings, including by: (i) Protecting their privacy and safety, in line with general recommendation No. 33, including through gender-sensitive court procedures and measures, bearing in mind the due process rights of victims/survivors, witnesses and defendants; (ii) Providing appropriate and accessible protective mechanisms to prevent further or potential violence, without the precondition that victims/survivors initiate legal action, including through removal of communication barriers for victims with disabilities.[[fn:62]] Mechanisms should include immediate risk assessment and protection comprising a wide range of effective measures and, where appropriate, the issuance and monitoring of eviction, protection, restraining or emergency barring orders against alleged perpetrators, including adequate sanctions for non-compliance. Protective measures should avoid imposing an undue financial, bureaucratic or personal burden on women who are victims/survivors. The rights or claims of perpetrators or alleged perpetrators during and after judicial proceedings, including with respect to property, privacy, child custody, access, contact and visitation, should be determined in the light of women’s and children’s human rights to life and physical, sexual and psychological integrity and guided by the principle of the best interests of the child;[[fn:63]] (iii) Ensuring access to financial assistance, gratis or low-cost, high-quality legal aid,[[fn:64]] medical, psychosocial and counselling services,[[fn:65]] education, affordable housing, land, childcare, training and employment opportunities for women who are victims/survivors and their family members. Health-care services should be responsive to trauma and include timely and comprehensive mental, sexual and reproductive health services,[[fn:66]] including emergency contraception and post-exposure prophylaxis against HIV. States should provide specialized women’s support services, such as gratis helplines operating around the clock and sufficient numbers of safe and adequately equipped crisis, support and referral centres and adequate shelters for women, their children and other family members, as required;[[fn:67]] (iv) Providing women in institutions, including residential care homes, asylum centres and places of deprivation of liberty, with protective and support measures in relation to gender-based violence;[[fn:68]] (v) Establishing and implementing appropriate multisectoral referral mechanisms to ensure effective access to comprehensive services for survivors of such violence, ensuring the full participation of and cooperation with non-governmental women’s organizations; (b) Ensure that all legal proceedings, protective and support measures and services concerning victims/survivors respect and strengthen their autonomy. They should be accessible to all women, in particular those affected by intersecting forms of discrimination, take into account any specific needs of their children and other dependants,[[fn:69]] be available throughout the State party and be provided irrespective of residency status or ability or willingness to cooperate in legal proceedings against the alleged perpetrator.[[fn:70]] States should also respect the principle of non-refoulement;[[fn:71]] (c) Address factors that heighten the risk to women of exposure to serious forms of gender-based violence, such as the ready accessibility and availability of firearms, including their export,[[fn:72]] a high crime rate and pervasive impunity, which may increase in situations of armed conflict or heightened insecurity.[[fn:73]] Efforts should be undertaken to control the availability and accessibility of acid and other substances used to attack women; (d) Develop and disseminate accessible information, through diverse and accessible media and community dialogue, aimed at women, in particular those affected by intersecting forms of discrimination, such as those with disabilities, those who are illiterate or those who have no or limited knowledge of the official languages of a country, on the legal and social resources available to victims/survivors, including reparations.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":62,"text":"For example, protective orders in some countries allow for the banning of travel of people who are believed to be at risk of female genital mutilation."},{"n":63,"text":"Yildirim v. Austria, Goekce v. Austria, González Carreño v. Spain, M.W. v. Denmark and Jallow v. Bulgaria."},{"n":64,"text":"General recommendation No. 33, para. 37, and general recommendation No. 28, para. 34; see also Kell v. Canada, Vertido v. Philippines, S.V.P. v. Bulgaria and L.R. v. Republic of Moldova, among others."},{"n":65,"text":"General recommendation No. 33, para. 16."},{"n":66,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 22."},{"n":67,"text":"See joint general recommendation No. 31/general comment No. 18."},{"n":68,"text":"See footnote 54 above."},{"n":69,"text":"R.P.B. v. Philippines, Jallow v. Bulgaria and V.K. v. Bulgaria."},{"n":70,"text":"General recommendation No. 33, para. 10."},{"n":71,"text":"In accordance with the Convention relating to the Status of Refugees, of 1951, and the Convention against Torture. See also general recommendation No. 32 and A. v. Denmark."},{"n":72,"text":"See article 7 (4) of the Arms Trade Treaty. See also the concluding observations of the Committee on the following periodic reports of States parties: Pakistan (CEDAW/C/PAK/CO/4); to Democratic Republic of the Congo (CEDAW/C/COD/CO/6-7); France (CEDAW/C/FRA/CO/7-8); Switzerland (CEDAW/C/CHE/CO/4-5); and Germany (CEDAW/C/DEU/CO/7-8); and Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, para. 9."},{"n":73,"text":"General recommendation No. 30."}],"section":["IV. Recommendations","C. Protection"]},{"id":"cedaw-c-gc-35-0032","docId":"cedaw-c-gc-35","idx":32,"n":32,"text":"The Committee recommends that States parties implement the following measures with regard to prosecution and punishment for gender-based violence against women: (a) Ensure effective access for victims to courts and tribunals and that the authorities adequately respond to all cases of gender-based violence against women, including by applying criminal law and, as appropriate, ex officio prosecution to bring alleged perpetrators to trial in a fair, impartial, timely and expeditious manner and imposing adequate penalties.[[fn:74]] Fees or court charges should not be imposed on victims/survivors;[[fn:75]] (b) Ensure that gender-based violence against women is not mandatorily referred to alternative dispute resolution procedures, including mediation and conciliation.[[fn:76]] The use of those procedures should be strictly regulated and allowed only when a previous evaluation by a specialized team ensures the free and informed consent of victims/survivors and that there are no indicators of further risks to the victims/survivors or their family members. Procedures should empower the victims/survivors and be provided by professionals specially trained to understand and adequately intervene in cases of gender-based violence against women, ensuring adequate protection of the rights of women and children and that interventions are conducted with no stereotyping or revictimization of women. Alternative dispute resolution procedures should not constitute an obstacle to women’s access to formal justice.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":74,"text":"See, among others, Vertido v. Philippines, S. V. P. v. Bulgaria and L.R. v. Republic of Moldova."},{"n":75,"text":"General recommendation No. 33, para. 17 (a)."},{"n":76,"text":"As indicated in general recommendation No. 33, para. 58 (c)."}],"section":["IV. Recommendations","D. Prosecution and punishment"]},{"id":"cedaw-c-gc-35-0033","docId":"cedaw-c-gc-35","idx":33,"n":33,"text":"The Committee recommends that States parties implement the following measures with regard to reparations: (a) Provide effective reparations to victims/survivors of gender-based violence against women. Reparations should include different measures, such as monetary compensation, the provision of legal, social and health services, including sexual, reproductive and mental health services for a complete recovery, and satisfaction and guarantees of non-repetition, in line with general recommendation No. 28, general recommendation No. 30 and general recommendation No. 33. Such reparations should be adequate, promptly attributed, holistic and proportionate to the gravity of the harm suffered;[[fn:77]] (b) Establish specific funds for reparations or include allocations in the budgets of existing funds, including under transitional justice mechanisms, for reparations to victims of gender-based violence against women. States parties should implement administrative reparations schemes without prejudice to the rights of victims/survivors to seek judicial remedies, design transformative reparations programmes that help to address the underlying discrimination or disadvantaged position that caused or significantly contributed to the violation, taking into account the individual, institutional and structural aspects. Priority should be given to the agency, wishes, decisions, safety, dignity and integrity of victims/survivors.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":77,"text":"See footnote 5 above and general recommendation No. 33, para. 19."}],"section":["IV. Recommendations","E. Reparations"]},{"id":"cedaw-c-gc-35-0034","docId":"cedaw-c-gc-35","idx":34,"n":34,"text":"The Committee recommends that States parties implement the following measures with regard to coordination and monitoring and the collection of data regarding gender-based violence against women: (a) Develop and evaluate all legislation, policies and programmes in consultation with civil society organizations, in particular women’s organizations, including those that represent women affected by intersecting forms of discrimination. States parties should encourage cooperation among all levels and branches of the justice system and the organizations that work to protect and support victims/survivors of gender-based violence against women, taking into account their views and expertise.[[fn:78]] States parties should encourage the work of human rights organizations and women’s non-governmental organizations;[[fn:79]] (b) Establish a system to regularly collect, analyse and publish statistical data on the number of complaints about all forms of gender-based violence against women, including technology-mediated violence, the number and type of orders of protection issued, the rates of dismissal and withdrawal of complaints, prosecution and conviction and the amount of time taken for the disposal of cases. The system should include information on the sentences imposed on perpetrators and the reparations, including compensation, provided to victims/survivors. All data should be disaggregated by type of violence, relationship between the victim/survivor and the perpetrator, and in relation to intersecting forms of discrimination against women and other relevant sociodemographic characteristics, including the age of the victim/survivor. The analysis of the data should enable the identification of failures in protection and serve to improve and further develop preventive measures, which should, if necessary, include the establishment or designation of observatories for the collection of administrative data on the gender-based killings of women, also referred to as “femicide” or “feminicide”, and attempted killings of women; (c) Undertake or support surveys, research programmes and studies on gender-based violence against women in order to, among other things, assess the prevalence of gender-based violence against women and the social or cultural beliefs exacerbating such violence and shaping gender relations. Studies and surveys should take into account intersecting forms of discrimination, on the basis of the principle of self-identification; (d) Ensure that the process of collecting and maintaining data on gender-based violence against women complies with established international standards[[fn:80]] and safeguards, including legislation on data protection. The collection and use of data and statistics should conform to internationally accepted norms for the protection of human rights and fundamental freedoms and ethical principles; (e) Set up a mechanism or body, or mandate an existing mechanism or body, to regularly coordinate, monitor and assess the national, regional and local implementation and effectiveness of the measures, including those recommended in the present recommendation and other relevant regional and international standards and guidelines, to prevent and eliminate all forms of gender-based violence against women; (f) Allocate appropriate human and financial resources at the national, regional and local levels to effectively implement laws and policies for the prevention of all forms of gender-based violence against women, provision of protection and support to victims/survivors, investigation of cases, prosecution of perpetrators and provision of reparations to victims/survivors, including support to women’s organizations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":78,"text":"Yildirim v. Austria and Goekce (deceased) v. Austria."},{"n":79,"text":"General recommendation No. 28, para. 36."},{"n":80,"text":"General Assembly resolution 68/261 on the Fundamental Principles of Official Statistics."}],"section":["IV. Recommendations","F. Coordination, monitoring and data collection"]},{"id":"cedaw-c-gc-35-0035","docId":"cedaw-c-gc-35","idx":35,"n":35,"text":"The Committee recommends that States parties implement the following measures with regard to international cooperation to combat gender-based violence against women: (a) Seek support, where necessary, from external sources, such as the specialized agencies of the United Nations system, the international community and civil society, in order to meet human rights obligations by designing and implementing all appropriate measures required to eliminate and respond to gender-based violence against women,[[fn:81]] taking into consideration, in particular, the evolving global contexts and the increasingly transnational nature of such violence, including in technology-mediated settings and other extraterritorial operations of domestic non-State actors.[[fn:82]] States parties should urge business actors whose conduct they are in a position to influence to assist the States in which they operate in their efforts to fully realize women’s right to freedom from violence; (b) Prioritize the implementation of the relevant Sustainable Development Goals, in particular Goals 5, to achieve gender equality and empowerment of all women and girls, and Goal 16, to promote peaceful and inclusive societies for sustainable development, provide access to justice and build effective, accountable and inclusive institutions at all levels; and support national plans to implement all the Goals in a gender-responsive manner, in accordance with the agreed conclusions of the sixtieth session of the Commission on the Status of Women on women’s empowerment and the link to sustainable development, enabling meaningful participation of civil society and women’s organizations in the implementation of the Goals and the follow-up processes, and enhance international support and cooperation for knowledge-sharing and effective and targeted capacity-building.[[fn:83]]","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":81,"text":"General recommendation No. 28, para. 29, and general recommendation No. 33, paras. 38 and 39."},{"n":82,"text":"General recommendation No. 34, para. 13."},{"n":83,"text":"General Assembly resolution 70/1, entitled “Transforming our world: the 2030 Agenda for Sustainable Development”."}],"section":["IV. Recommendations","G. International cooperation"]},{"id":"cedaw-c-gc-40-0001","docId":"cedaw-c-gc-40","idx":1,"n":1,"text":"Women have the right to equal and inclusive representation in all decision-making systems on equal terms with men. Despite significant progress by States parties, this right is still not respected, which also seriously hampers the implementation of all other rights under the Convention on the Elimination of All Forms of Discrimination against Women. Furthermore, the failure to ensure the equal and inclusive sharing of decision-making power between women and men prevents States and the international community from effectively addressing urgent local, national, regional and global challenges. As noted in the preamble of the Convention, the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields. To respond to these challenges for current and future generations, the present general recommendation contains an outline of a road map towards women’s full enjoyment of their right to equal and inclusive representation in all decision-making systems.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["I. A road map to fifty-fifty parity"]},{"id":"cedaw-c-gc-40-0002","docId":"cedaw-c-gc-40","idx":2,"n":2,"text":"In the present general recommendation, the Committee provides comprehensive guidance for States parties on achieving the equal and inclusive representation of women in all decision-making systems across all sectors, aiming for a systemic change. It outlines legislative, policy and programmatic measures to ensure the implementation of this obligation and overcome global challenges. It defines “equal and inclusive representation” as fifty-fifty parity between women and men in all their diversity in terms of equal access to and equal power within decision-making systems, hereinafter also referred to simply as “parity”. It defines “decision-making systems” as encompassing decision-making that takes place through formal and informal processes in all sectors, including in political, public, economic and digital spaces. Achieving parity therefore requires considering multiple arenas of decision-making and how they interact, and dismantling all obstacles that prevent women from accessing decision-making systems on an equal footing with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["I. A road map to fifty-fifty parity"]},{"id":"cedaw-c-gc-40-0003","docId":"cedaw-c-gc-40","idx":3,"n":3,"text":"The present general recommendation furthermore incorporates young people and future generations into a vision of society rooted in peace and parity. As outlined in the present general recommendation, there is a key convergence between the expectations and rights of young people and the building of a parity-based system.","labels":["Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["I. A road map to fifty-fifty parity"]},{"id":"cedaw-c-gc-40-0004","docId":"cedaw-c-gc-40","idx":4,"n":4,"text":"The Committee observes that a growing number of disruptive and urgent challenges, including those related to peace, political stability, economic development, climate change, technological advancements, such as artificial intelligence, and the transformation and sustainability of the multilateral system and governance, directly affect the implementation of the Convention and are increasingly transforming societies. Their complexity requires the building of collective intelligence by placing parity at the core of decision-making. A “surge in parity”, as it has been described by the Secretary-General,[[fn:1]] is key to joint decision-making and to the innovative solutions needed to build resilient societies.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":1,"text":"United Nations, “Secretary-General’s remarks to High-level event on Women in Power”, 12 March 2019, available at www.un.org/sg/en/content/sg/statement/2019-03-12/secretary-generals-remarks-high-level-event-women-power-delivered."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution"]},{"id":"cedaw-c-gc-40-0005","docId":"cedaw-c-gc-40","idx":5,"n":5,"text":"Despite the escalation of conflicts and crises and women being key driving forces of sustainable peace,[[fn:2]] women remain structurally and significantly underrepresented in conflict and crisis prevention and peace negotiations and peacebuilding efforts. Between 1992 and 2019, women represented only 13 per cent of negotiators, 6 per cent of mediators and 6 per cent of signatories in peace processes.[[fn:3]] In 2022, women participated as negotiators or delegates on behalf of parties to conflict in 4 of the 5 active peace processes led or co-led by the United Nations. Proportionally, their level of representation stood only at 16 per cent, however, a further drop compared with 19 per cent in 2021 and 23 per cent in 2020.[[fn:4]] In 2023, none of the peace agreements reached included representatives of women’s groups as signatories.[[fn:5]] Women comprise only one third of participants in international forums debating such critical issues as the threat posed by nuclear weapons, increasing military expenditure, the proliferation of arms and ammunition and the weaponization of new technologies.[[fn:6]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":2,"text":"United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), “Women’s participation and a better understanding of the political” in Preventing Conflict, Transforming Justice, Securing the Peace: A Global Study on the Implementation of United Nations Security Council resolution 1325 (2015), available at https://wps.unwomen.org/participation/; The Pact for the Future, General Assembly resolution 79/1, para. 40; and UN-Women, “Facts and figures: women, peace, and security”, 18 October 2024, available at www.unwomen.org/en/what-we-do/peace-and-security/facts-and-figures."},{"n":3,"text":"United Nations, “Inclusive diplomacy”, available at www.un.org/en/observances/women-in-diplomacy-day."},{"n":4,"text":"S/2023/725, para. 9."},{"n":5,"text":"University of Edinburgh, PA-X Peace Agreement Database, version 7 (plus AgtID 2467), 2023, available at https://pax.peaceagreements.org/."},{"n":6,"text":"UN-Women, “Facts and figures: women, peace, and security”."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","A. Peace and political stability"]},{"id":"cedaw-c-gc-40-0006","docId":"cedaw-c-gc-40","idx":6,"n":6,"text":"Disinformation and polarization threaten to exacerbate conflicts. Although women’s leadership in political decision-making leads to greater stability and peace, stronger responsiveness to people’s needs and enhanced cooperation,[[fn:7]] women’s political representation and civic space are increasingly under attack through restrictions on the activities of women’s organizations, growing attacks on and intimidation of women politicians, journalists and human rights defenders, and challenges to and reversals of generational gains made in relation to women’s and girls’ human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":7,"text":"Minna Cowper-Coles, Women Political Leaders: The Impact of Gender on Democracy, (London, Westminster Foundation for Democracy, 2021)."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","A. Peace and political stability"]},{"id":"cedaw-c-gc-40-0007","docId":"cedaw-c-gc-40","idx":7,"n":7,"text":"The economic autonomy of women is key for accessing their rights and the pathway to inclusive economic growth,[[fn:8]] poverty eradication, social justice and sustainable development.[[fn:9]] It is a key step towards a human rights-based economy. However, the overrepresentation of women in many informal, low-paying, less innovative and economically less lucrative sectors largely excludes them from decision-making positions and shaping the economy. They are underrepresented in decision-making in the economic governance architecture, multilateral financial institutions, debt servicing systems, capital markets, the industrial infrastructure architecture, trade negotiations and public procurement regimes. For example, women-owned businesses are awarded only 1 per cent of government contracts in the public procurement market,[[fn:10]] and women comprised only 17.7 per cent of inventors named in patent applications in 2023.[[fn:11]] Women occupy only 28.2 per cent of management positions in the labour market,[[fn:12]] and a survey of 185 central banks showed that only 16 per cent were led by women.[[fn:13]] In 2019, only 2 per cent of venture capital was directed towards start-ups founded by women.[[fn:14]] The growing importance of the digital economy and the continuing gender digital gap risk exacerbating this situation and creating new forms of systemic discrimination.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":8,"text":"UN-Women, “Facts and figures: economic empowerment”, February 2024, available at www.unwomen.org/en/what-we-do/economic-empowerment/facts-and-figures."},{"n":9,"text":"UN-Women, “Facts and figures: economic empowerment”."},{"n":10,"text":"International Trade Centre (ITC), “ITC-UN-Women: Global Campaign on Gender-Responsive Public Procurement”, available at www.intracen.org/news-and-events/campaigns/women-in-public-procurement."},{"n":11,"text":"World Intellectual Property Organization, “Intellectual property, gender, and diversity”, available at www.wipo.int/web/gender."},{"n":12,"text":"Taylor Hanna and others, “Forecasting women in leadership positions: technical brief”, (UNWomen), available at www.unwomen.org/sites/default/files/2023-11/forecasting-women-in-leadership-positions.pdf."},{"n":13,"text":"Official Monetary and Financial Institutions Forum, Gender Balance Index 2024."},{"n":14,"text":"United Nations Educational, Scientific and Cultural Organization (UNESCO), UNESCO Science Report: The Race against Time for Smarter Development (Paris, 2021)."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","B. Sustainable, inclusive and human rights-based economy"]},{"id":"cedaw-c-gc-40-0008","docId":"cedaw-c-gc-40","idx":8,"n":8,"text":"8. As highlighted in general recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change, gender inequalities and intersecting forms of discrimination against women and girls are exacerbated by climate change and disasters, which heighten their exposure to resulting risks and losses. The critical role of women in disaster risk reduction is also highlighted in the Sendai Framework for Disaster Risk Reduction 2015–2030. Research shows that countries with more women parliamentarians are more likely to adopt policies on climate change and land conservation and ratify environmental treaties.[[fn:15]] Similarly, having more women on corporate boards has been linked to energy efficiency improvements and a reduced environmental footprint.[[fn:16]] In agricultural regions, women’s traditional and Indigenous knowledge is key to adaptive practices in farming, climate change management and resource management.[[fn:17]] However, women, especially young women, who are leading climate and environmental activism,[[fn:18]] are largely excluded from decision-making. As at 2020, women held only 15 per cent of ministerial portfolios in the environmental sector.[[fn:19]] The representation of women on party delegations at the twenty-eighth session of the Conference of the Parties to the United Nations Framework Convention on Climate Change stood at 34 per cent, a proportion that has remained stagnant over the last 10 years.[[fn:20]]","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":15,"text":"International Union for Conservation of Nature, “New data reveals slow progress in achieving gender equality in environmental decision making”, 1 March 2021."},{"n":16,"text":"Silvia Lesi, “Gender and climate action”, European Investment Bank, 28 July 2023."},{"n":17,"text":"General recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change."},{"n":18,"text":"See also A/HRC/50/25."},{"n":19,"text":"International Union for Conservation of Nature, “New data reveals slow progress in achieving gender equality in environmental decision making”."},{"n":20,"text":"WEDO, “Release: new data shows 34% women’s participation on party delegations at COP28, the same percentage as 10 years ago”, 24 January 2024. Available at https://wedo.org/release-new-data-shows-34-womens-participation-on-party-delegations-at-cop28-the-same-percentage-as-10-years-ago/."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","C. Climate change and environmental disaster risk reduction"]},{"id":"cedaw-c-gc-40-0009","docId":"cedaw-c-gc-40","idx":9,"n":9,"text":"9. The rapidly evolving technological transition, propelled by the exponentially increasing importance of artificial intelligence as a core driver of the digital transformation, is changing the global community. This fifth industrial revolution has immense potential to benefit humanity if developed using an approach that is based on human rights, including women’s rights, and accessibility for persons with disabilities. Diverse perspectives and collective intelligence are essential to achieve this. However, due to gender gaps in access to technologies, including digital literacy, and in studies, careers and leadership positions in science, technology, engineering and mathematics (STEM), women have been severely underrepresented in the development of these technological advances. For example, women make up only 29.2 per cent of all STEM workers, and roughly 30 per cent of the artificial intelligence workforce.[[fn:21]] They comprise only 18 per cent of graduates from doctoral programmes on artificial intelligence,[[fn:22]] and 13.83 per cent of artificial intelligence paper authors.[[fn:23]] Only 12.4 per cent of women are C-Suite executives in STEM.[[fn:24]] Artificial intelligence systems have also shown a tendency to reflect and magnify gender bias,[[fn:25]] which manifests in discriminatory outputs, risking a rollback in gender equality gains and new forms of structural discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":21,"text":"World Economic Forum, Global Gender Gap Report 2023 (Geneva, 2023)."},{"n":22,"text":"Daniel Zhang and others, Artificial Intelligence Index Report 2021 (Stanford, Stanford University, 2021)."},{"n":23,"text":"Gabriela Ramos, “Why we must act now to close the gender gap in AI”, World Economic Forum, 22 August 2022."},{"n":24,"text":"World Economic Forum, Global Gender Gap Report 2023."},{"n":25,"text":"UN-Women, “Artificial intelligence and gender equality”, 22 May 2024, available at www.unwomen.org/en/news-stories/explainer/2024/05/artificial-intelligence-and-gender-equality."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","D. Technological developments, including the rise of artificial intelligence"]},{"id":"cedaw-c-gc-40-0010","docId":"cedaw-c-gc-40","idx":10,"n":10,"text":"10. The disruptive challenges described above must be dealt with at the local, national, regional and international levels. The rules and platforms of multilateralism, the role of which has expanded significantly in recent decades, often maintain discrimination, including the underrepresentation of women, and often respond insufficiently to the complexity of current challenges. A parity-based system, resolutely geared towards the integration of young people and intergenerational leadership, is a condition for the effectiveness, sustainability, resilience, legitimacy and accountability of the multilateral system.","labels":["Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","E. Transformation and sustainability of the multilateral system and governance"]},{"id":"cedaw-c-gc-40-0011","docId":"cedaw-c-gc-40","idx":11,"n":11,"text":"11. Patriarchal structures impede the equal and inclusive representation of women in decision-making systems. Patriarchy is a system of power deeply embedded in political, social, economic and cultural structures. It creates a hierarchy, historically assigning distinct roles, worth and qualities to women and men. It results in a division of labour whereby women are primarily responsible for the private sphere of the home and family, while men are the main actors in the public sphere of politics and economy, based on differential weights assigned to efforts in the two domains. Patriarchy permeates all societies. At its most severe, it takes the form of an institutionalized regime of systematic oppression and domination of women, committed with the intention of maintaining a regime that is increasingly referred to as “gender apartheid”.[[fn:26]]It is therefore crucial to codify the crime of “gender apartheid” to create full accountability for gender-based crimes.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":26,"text":"In article 7 (1) (h) of the Rome Statute of the International Criminal Court, persecution against any identifiable group or collectivity on gender grounds is identified as an act that constitutes a crime against humanity. There is a growing call, including among human rights mechanisms of the Human Rights Council and civil society, for the codification of the crime of gender apartheid under international law, including in the definition of apartheid in article 2 (2) (h) of the Proposed International Convention on the Prevention and Punishment of Crimes Against Humanity."}],"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems"]},{"id":"cedaw-c-gc-40-0012","docId":"cedaw-c-gc-40","idx":12,"n":12,"text":"12. A transformative approach addressing patriarchy, as presented in the present general recommendation, is in line with article 5 (a) of the Convention,[[fn:27]] which commits States parties to eliminating prejudices and practices that are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":27,"text":"Unless otherwise indicated, articles refer to the Convention on the Elimination of All Forms of Discrimination against Women."}],"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-40-0013","docId":"cedaw-c-gc-40","idx":13,"n":13,"text":"13. To this end, the Committee identifies seven pillars of equal and inclusive representation in decision-making systems: (a) fifty-fifty parity between women and men in decision-making systems as a starting point and universal norm; (b) effective youth leadership conditioned by parity; (c) intersectionality and the inclusion of women in all their diversity in decision-making systems; (d) a comprehensive approach to decision-making systems across spheres; (e) equal power and influence exercised by women in decision-making systems; (f) structural transformation for the equal and inclusive representation of women in decision-making systems; and (g) civil society representation in decision-making systems.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems"]},{"id":"cedaw-c-gc-40-0014","docId":"cedaw-c-gc-40","idx":14,"n":14,"text":"14. Targets of 30 per cent for the representation of women in decision-making are incompatible with the Convention’s core aim of elimination of discrimination against women, as they convey a message that inequality between women and men is justifiable. Decision-making will have real and dynamic meaning and lasting effect only when it is based on fifty-fifty parity and takes equal account of the interests of both women and men. The equal and inclusive representation of women is also an important driver of integrity, as it disrupts pre-established collusive networks.[[fn:28]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":28,"text":"See also United Nations Office on Drugs and Crime, The Time is Now: Addressing the Gender Dimensions of Corruption (Vienna, 2020)."}],"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","A. Fifty-fifty parity between women and men in decision-making systems as a starting point and universal norm"]},{"id":"cedaw-c-gc-40-0015","docId":"cedaw-c-gc-40","idx":15,"n":15,"text":"15. As reflected in the concluding observations of the Committee, a growing number of States parties have passed or are considering parity laws for elections and other decision-making roles. Parity means the full and equal sharing of power on a fifty-fifty basis between women and men as a permanent and core feature of all areas, including political, public and economic life. Legislation guaranteeing parity is thus not intended to be removed once women’s historical disadvantages have been redressed but remains as a legal principle and permanent and universal feature of good governance. References to parity in the present general recommendation are always in relation to fifty-fifty parity between women and men in all their diversity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","A. Fifty-fifty parity between women and men in decision-making systems as a starting point and universal norm"]},{"id":"cedaw-c-gc-40-0016","docId":"cedaw-c-gc-40","idx":16,"n":16,"text":"16. Young people have proven to be vital stakeholders in contributing to human rights, sustainable development and peace and security, and the importance of their representation in decision-making has been underlined by States.[[fn:29]] Young people are recognized as critical agents of positive change, fulfilling their own potential and ensuring a world fit for future generations in the 2030 Agenda for Sustainable Development and the Pact for the Future. However, gender inequality between girls and boys, young women and young men compromises their role in constructing a better world. Furthermore, existing approaches to youth engagement often view young people as a homogeneous group, reinforcing social norms and structures that perpetuate inequality. A transformative approach to young people’s engagement is required to reach parity in decision-making for current and future generations. Parity is essential to ensure that young people can build a peaceful, equal, inclusive and sustainable world that responds to their demands, implements their rights, ensures youth co-leadership and intergenerational solidarity, and enables them to anticipate and overcome crises.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":29,"text":"The Pact for the Future, General Assembly resolution 79/1; Human Rights Council resolutions 32/1, 35/14, 41/13 and 51/17; Security Council resolution 2250 (2015); and General Assembly resolution 76/137."}],"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","B. Effective youth leadership conditioned by parity"]},{"id":"cedaw-c-gc-40-0017","docId":"cedaw-c-gc-40","idx":17,"n":17,"text":"17. Under the Convention, States parties must address discrimination against women that intersects with other forms of discrimination, including newly emerging forms of discrimination. In its general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, the Committee clarifies that intersectionality is a basic concept for understanding the scope of States parties’ obligations, a concept further clarified in general recommendation No. 33 (2015) on women’s access to justice and No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19. The Committee consistently issues recommendations to address intersecting and evolving forms of discrimination, including in relation to decision-making roles, and has also issued general recommendations No. 18 (1991) on disabled women, No. 27 (2010) on older women and the protection of their human rights, No. 34 (2016) on the rights of rural women and No. 39 (2022) on the rights of Indigenous women and girls, in all of which it calls for equal and inclusive decision-making. To ensure truly inclusive decision-making systems, women in all their diversity, with particular attention to young people as guarantors of the sustainability of parity, need to be the leading forces in legislation, strategies, policies and programmes aimed at realizing this right.","labels":["Indigenous peoples","Women/girls","Adolescents","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","C. Intersectionality and the inclusion of women in all their diversity in decision-making systems"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-40-0018","docId":"cedaw-c-gc-40","idx":18,"n":18,"text":"18. Decision-making spans various interconnected spheres. In its general recommendation No. 23 (1997) on women in political and public life, the Committee clarifies that States parties’ obligations under article 7 cover all areas of political and public life. Article 8 further guarantees women’s rights to represent their governments at the international level and participate in the work of international organizations. A joint reading of articles 7 and 8, alongside articles 5 and 9–16 elucidate an expansive approach to women’s representation in all decision-making systems. This aligns with articles 1 and 3, recognizing the interrelated nature of women’s rights across all fields of life. The Committee also highlights the need for the equal and inclusive representation of women in all emerging fields, including artificial intelligence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","D. A comprehensive approach to decision-making systems across spheres"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-c-gc-40-0019","docId":"cedaw-c-gc-40","idx":19,"n":19,"text":"19. The Convention stipulates that women enjoy equal rights with men. In its general recommendation No. 23 (1997), the Committee stresses that a tokenistic approach is unacceptable – women must be involved equally in decision-making at all levels. However, patriarchal norms often limit women’s opportunities to accede to senior levels of decision-making, where they could drive and influence agendas. The distribution of decision-making roles also often reflects patterns of gender segregation: the allocation of ministerial portfolios, for example, tends to be based on assumptions about stereotyped male and female responsibilities. Equal and inclusive representation in decision-making means that all roles are accessible to women and men at all levels. It also means revaluing and prioritizing issues, as well as ensuring parity across issues.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","E. Equal power and influence exercised by women in decision-making systems"]},{"id":"cedaw-c-gc-40-0020","docId":"cedaw-c-gc-40","idx":20,"n":20,"text":"20. The preamble and articles 5 and 11 (2) (c) stipulate that changing stereotyped gender roles in society and the family, as well as a reclassification of work is needed to achieve full equality. In its general recommendation No. 23 (1997), the Committee elaborates how domestic work and care obligations, women’s economic dependence on men and long and inflexible working hours constitute obstacles to women’s equal and inclusive access to decision-making. Changing these norms and stereotypes requires the structural transformation of gendered roles and responsibilities across the public and private spheres, fostering a context in which women and men can equally integrate professional duties and competencies and family and other care responsibilities, including through a new organization of work and a reconfiguration of the concepts of productivity, monetization and the care economy.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","F. Structural transformation for the equal and inclusive"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"11","paragraph":"2","source":"regex"}]},{"id":"cedaw-c-gc-40-0021","docId":"cedaw-c-gc-40","idx":21,"n":21,"text":"21. The representation of women in civil society is essential for integrating a gender perspective in decision-making and for advising States in the development of gender-responsive legislation and policies. In particular, the role of women’s rights organizations and women human rights defenders must be seen as equally important as that of other civil society organizations, and parity must also be achieved in civil society organizations. To create more inclusive forms of governance, States should open pathways and remove any obstacles, reverse the increasing closing of civic space, ensure rights protection and provide financial support and capacity-building to women’s and girls’ organizations and women human rights defenders, so that they can participate substantively in all fields of decision-making, including but also going beyond issues that are narrowly perceived as “women’s issues”. Support should also be provided to other civil society organizations to establish a parity-based system, to see it as their role and to develop their capacity to work towards parity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","G. Civil society representation in decision-making systems"]},{"id":"cedaw-c-gc-40-0022","docId":"cedaw-c-gc-40","idx":22,"n":22,"text":"22. Under international human rights treaty law, women are guaranteed the right to equal and inclusive representation in decision-making systems. The Convention on the Elimination of All Forms of Discrimination against Women affirms women’s equal right to participate in political and public life, including international decision-making and decision-making related to peace and security, as well as their equal rights to participate in decision-making in the economic sector. The Convention on the Political Rights of Women grants women equal rights to vote, run for office and hold public positions without discrimination.[[fn:30]] Under the International Covenant on Civil and Political Rights, women and men have equal civil and political rights, including in relation to decision-making in the political and public spheres.[[fn:31]] The International Covenant on Economic, Social and Cultural Rights also stipulates the equal right of men and women to enjoyment of all economic, social and cultural rights, thereby also including decision-making in these spheres.[[fn:32]] Regional conventions, including the American Convention on Human Rights, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, the African Charter on Human and Peoples’ Rights and the Protocol thereto on the Rights of Women in Africa, the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), the Charter of Fundamental Rights of the European Union and the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence[[fn:33]] ensure similar protections. Reflecting an intersectional approach, the Convention on the Rights of Persons with Disabilities recognizes that women with disabilities face multiple forms of discrimination and stipulates that States parties must ensure that all persons with disabilities can effectively and fully participate in the conduct of public affairs.[[fn:34]]The International Convention on the Elimination of All Forms of Racial Discrimination prohibits racial discrimination across all political, economic, social, cultural or any other field of public life.[[fn:35]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":30,"text":"Convention on the Political Rights of Women, arts. 1–3."},{"n":31,"text":"International Covenant on Civil and Political Rights, arts. 1 (1) and 3."},{"n":32,"text":"International Covenant on Economic, Social and Cultural Rights, art. 3."},{"n":33,"text":"European Convention on Human Rights, art. 14; American Convention on Human Rights, arts. 1 and 23; Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, arts. 4 and 5; African Charter on Human and Peoples’ Rights, arts. 2 and 13; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, art. 9; Charter of Fundamental Rights of the European Union, arts. 21, 23, 39, and 40; and Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, preamble and arts. 1 and 6."},{"n":34,"text":"Convention on the Rights of Persons with Disabilities, arts. 6 and 29."},{"n":35,"text":"International Convention on the Elimination of All Forms of Racial Discrimination, art. 5."}],"section":["IV. Normative framework for the equal and inclusive"]},{"id":"cedaw-c-gc-40-0023","docId":"cedaw-c-gc-40","idx":23,"n":23,"text":"23. The four United Nations World Conferences on Women, held in Mexico (1975), Copenhagen (1980), Nairobi (1985) and Beijing (1995), have shaped women’s roles as equal actors in decision-making. In the Beijing Declaration and Platform for Action, the participation of women in power and decision-making is identified among the strategic objectives. Governments are called upon to remove all obstacles to women’s full and equal share in economic, social, cultural and political decision-making, so that power and responsibility are shared between women and men at home, in the workplace and in the wider national and international communities.[[fn:36]] In its resolution 1325 (2000) and its subsequent resolutions, the Security Council urges States to ensure the equal representation of women at all decision-making in conflict prevention, management and resolution. Sustainable Development Goal targets 5.5 and 16.7 are aimed at women’s full participation and leadership in political, economic and public decision-making, and progress towards those targets is tracked using representative metrics based on gender, age, disability and population group.[[fn:37]] In the agreed conclusions adopted at its sixty-fifth session, the Commission on the Status of Women urged that action be taken to achieve the goal of fifty-fifty gender balance at all levels of elected positions.[[fn:38]] Under action 8 of the Pact for the Future, States have undertaken to ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.[[fn:39]] In action 19, it is recognized that the full, equal, safe and meaningful participation of women in decision-making at all levels of peace and security is essential to achieve sustainable peace.[[fn:40]] In the Kigali Declaration, adopted at the 145th Assembly of the Inter-Parliamentary Union, parliaments committed to achieving parity in political decision-making.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":36,"text":"Beijing Declaration and Platform for Action, paras. 1, 190 and 192."},{"n":37,"text":"See https://sdgs.un.org/goals/goal16#targets_and_indicators."},{"n":38,"text":"E/2021/27, chap. I.A."},{"n":39,"text":"General Assembly resolution 79/1, para. 27 (b)."},{"n":40,"text":"Ibid., para. 40."}],"section":["IV. Normative framework for the equal and inclusive"]},{"id":"cedaw-c-gc-40-0024","docId":"cedaw-c-gc-40","idx":24,"n":24,"text":"24. The principles of non-discrimination and substantive equality are affirmed in articles 1 to 4. Non-discrimination is defined in article 1, while the obligations of legislative and other measures to achieve non-discrimination and substantive equality in all areas are enshrined in articles 2 and 3. Under article 4, it is established that temporary special measures to accelerate substantive equality shall not be considered a form of discrimination. In its general recommendation No. 25 (2004) on temporary special measures, the Committee explains that, under the non-discrimination obligation, States parties are required to ensure that there is no direct or indirect discrimination in their laws and that women are protected against discrimination in both the public and private spheres. In its general recommendation No. 28 (2010), the Committee clarifies that it is necessary to assess the de jure and de facto situation of women and implement policies for substantive equality, grounded in constitutional and legislative guarantees and supported by action plans.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","1. Ensuring non-discrimination and substantive equality"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-40-0025","docId":"cedaw-c-gc-40","idx":25,"n":25,"text":"25. In order to achieve substantive equality, in its general recommendation No. 5 (1988) on temporary special measures, the Committee urges States parties to use temporary special measures, such as positive action, preferential treatment or quota systems. Further examples of temporary special measures are specified in general recommendation No. 25. While temporary special measures are sometimes misunderstood to conflict with constitutional equality or merit-based systems, in general recommendation No. 25 (2004), the Committee clarifies that the non-identical treatment of women and men is sometimes necessary to address socially and culturally constructed inequalities that hamper a true merit-based system. The Committee underlines the need to establish a strong legal framework, including targeted permanent and temporary special measures, to prevent and address discrimination and ensure substantive equality in order to reach fifty-fifty parity in decision-making systems within a clear time frame. Such a legal framework is currently insufficient or lacks implementation or institutionalization.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","1. Ensuring non-discrimination and substantive equality"]},{"id":"cedaw-c-gc-40-0026","docId":"cedaw-c-gc-40","idx":26,"n":26,"text":"26. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","1. Ensuring non-discrimination and substantive equality"]},{"id":"cedaw-c-gc-40-0027","docId":"cedaw-c-gc-40","idx":27,"n":27,"text":"27. In the Convention, it is recognized that women can face multiple and intersecting forms of discrimination, mentioning women in poverty (preamble), women of a particular marital status (articles 9, 11 and 16), pregnant women (articles 11 and 12) and rural women (article 14). By mentioning specific groups of women, it is made clear that, to eliminate all forms of discrimination against women, States parties must also tackle all possible intersecting factors of discrimination. In various general recommendations and concluding observations, the Committee observes how discrimination against women interacts with other forms of discrimination, including that based on race, ethnicity, indigenous status, religion, belief, health, status, disability, age, class, caste, sexual orientation, gender identity, political opinion, national origin, marital and/or maternal status, socioeconomic status, and refugee, asylum-seeking, displaced or migratory status. That list is nonexhaustive and might vary across countries and over time and include newly emerging forms of discrimination, such as discrimination against climate refugees. The Committee has also specifically and constantly stressed the rights of women in all their diversity to participate in decision-making at all levels.","labels":["Indigenous peoples","Migrants","Women/girls","Persons living in rural/remote areas","Persons living in poverty","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","2. Intersectionality and diversity among women"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-40-0028","docId":"cedaw-c-gc-40","idx":28,"n":28,"text":"28. The Committee notes that women subjected to intersecting forms of discrimination will encounter additional barriers to access decision-making roles. It identifies a lack of statistical data on women in decision-making, disaggregated by other grounds of discrimination. The Committee stresses that all aspects of the present general recommendation should be interpreted within an intersectional framework.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","2. Intersectionality and diversity among women"]},{"id":"cedaw-c-gc-40-0029","docId":"cedaw-c-gc-40","idx":29,"n":29,"text":"29. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","2. Intersectionality and diversity among women"]},{"id":"cedaw-c-gc-40-0030","docId":"cedaw-c-gc-40","idx":30,"n":30,"text":"30. Under article 5, States parties are required to eliminate all forms of gender stereotypes in all spheres.[[fn:41]] The Committee observes strong prevalence of gender stereotypes in all spheres of society, including their perpetuation and exacerbation through media portrayals of women reinforcing the dominant position of men. The rapidly emerging artificial intelligence sector, including generative artificial intelligence, computer vision systems, speech and audio artificial intelligence, robotics and control systems, specialized artificial intelligence systems and hybrid artificial intelligence systems, learns from frequently gender-biased training data, carrying gender-based discrimination from the analog into the digital world, and needs to be addressed urgently from a human rights, including women’s rights, perspective. Furthermore, some misinterpretations of religion and culture can shape gender stereotypes. The Committee emphasizes that gender stereotypes constitute a key barrier to women’s equal access to decision-making.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":41,"text":"In its forthcoming general recommendation No. 41, the Committee will specifically address gender stereotypes in various sectors, including in connection with the media, digitalization and artificial intelligence."}],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","3. Dismantling gender stereotypes"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-40-0031","docId":"cedaw-c-gc-40","idx":31,"n":31,"text":"31. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","3. Dismantling gender stereotypes"]},{"id":"cedaw-c-gc-40-0032","docId":"cedaw-c-gc-40","idx":32,"n":32,"text":"32. The right of women to participate on equal terms with men in their countries’ political, social, economic and cultural life is recognized in the preamble and articles 7 and 8 of the Convention. In its general recommendation No. 23 (1997), the Committee clarifies that equal sharing of decision-making power must avoid tokenism, whereby women are included but restricted to less influential roles or gain their position by virtue of connections to male relatives. It establishes that States parties have a responsibility to appoint women to senior decision-making roles. The Committee observes that women remain underrepresented in leadership positions at all levels and, when included, are often restricted to less influential roles or leadership roles in areas stereotypically associated with femaleness and stereotypically deemed less important.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","3. Dismantling gender stereotypes"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"cedaw-c-gc-40-0033","docId":"cedaw-c-gc-40","idx":33,"n":33,"text":"33. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","3. Dismantling gender stereotypes"]},{"id":"cedaw-c-gc-40-0034","docId":"cedaw-c-gc-40","idx":34,"n":34,"text":"34. Equal access to all levels and aspects of education is enshrined in article 10 and further elaborated in general recommendation No. 36 (2017) on the right of girls and women to education. It is a key precondition for accessing decision-making systems on an equal footing with men and boys. However, the Committee observes that many women and girls still do not benefit from equal access to or participation in education, in law and in practice. The violation of this right is further exacerbated through intersectional discrimination, as seen, for example, against women and girls with disabilities. Even when equal access is granted, gender stereotypes are prevalent in the education system, including in teaching and learning materials, classroom practices, teacher training and biased attitudes towards girls and women both inside and outside the school environment, gearing them towards traditional fields of study and gendered behaviours. This not only keeps women out of certain disciplines that are critical to shaping the future, such as new technologies, including artificial intelligence, but also prevents them from envisioning themselves assuming a decision-making role. It is a key task of an education system to integrate an “education to empowerment”, ensuring that girls, boys, women and men are given the tools necessary to achieve parity and exercise leadership in an equal, responsible and ethical manner.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-40-0035","docId":"cedaw-c-gc-40","idx":35,"n":35,"text":"35. The Committee recommends that States parties:","labels":["Women/girls","Children","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"]},{"id":"cedaw-c-gc-40-0036","docId":"cedaw-c-gc-40","idx":36,"n":36,"text":"36. Gender-based violence against women is a form of discrimination directed against a woman because she is a woman or that affects women disproportionately.[[fn:42]] It seriously inhibits women’s ability to enjoy rights and freedoms on equal basis with men. In its general recommendation No. 35 (2017), the Committee defines gender-based violence against women as taking multiple forms, including acts or omissions intended or likely to cause or result in death or physical, sexual, psychological or economic harm or suffering to women, threats of such acts, harassment, coercion and arbitrary deprivation of liberty. Such violence may occur in all spheres of human interaction, whether public or private, including in the contexts of the family, the community, public spaces, the workplace, leisure, politics, sport, health services and educational settings. It can also occur online and in other digital environments and also takes the shape of structural, emotional and economic violence. It also often targets women human rights defenders, politicians, activists and journalists. The prohibition of gender-based violence against women has further evolved into a principle of customary international law, as illustrated in general recommendation No. 35 (2017).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":42,"text":"General recommendation No. 19 (1992) on violence against women."}],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"]},{"id":"cedaw-c-gc-40-0037","docId":"cedaw-c-gc-40","idx":37,"n":37,"text":"37. The Committee observes that legislation addressing gender-based violence against women is often lacking, in whole or in part, and, where it does exist, it is often not fully implemented. Gender-based violence against women in the public and the private sphere prevents women from taking initial steps toward representation in decision-making. When exercised against women in decision-making roles, it may push them out and constitute a chilling effect discouraging other women from reaching for such positions. Legislation to specifically address gender-based violence against women in political and public life, including against women human rights defenders, politicians, activists, journalists and voters, is frequently lacking. The Committee highlights the role of media outlets and social media platforms in committing, perpetuating and normalizing gender-based violence against women, and the role of political parties in trivializing such violence, including sexual harassment and other misogynistic behaviour, within their ranks. It also recognizes that gender-based violence against women, including in decision-making, is often exacerbated for women who are subjected to intersectional discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"]},{"id":"cedaw-c-gc-40-0038","docId":"cedaw-c-gc-40","idx":38,"n":38,"text":"38. The Committee stresses that gender-based violence against women, while discrimination itself, is the result of an unequal and discriminatory system, based on the structural domination and exclusion of women. While emphasizing the importance of adopting and implementing robust legislation to address gender-based violence against women, it also urges States parties to adopt a comprehensive approach and implement all rights under the Convention, including institutionalizing parity, as the key safeguard against gender-based violence against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"]},{"id":"cedaw-c-gc-40-0039","docId":"cedaw-c-gc-40","idx":39,"n":39,"text":"39. The Committee recommends that States parties:","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"]},{"id":"cedaw-c-gc-40-0040","docId":"cedaw-c-gc-40","idx":40,"n":40,"text":"40. In its general recommendations No. 23 (1997), No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations, No. 34 (2016), No. 37 (2018) and No. 39 (2022), the Committee calls upon States parties to ensure that civil society representatives are consulted and can actively shape policy formulation, implementation and monitoring in all areas and at all levels. Currently, spaces to consult with women’s and girls’ rights civil society organizations are limited and often not institutionalized, and consultation is frequently limited to issues narrowly perceived as “women’s issues”, rather than the full range of local, national, regional and international policy issues.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership","online gender-based violence against women and harassment, and ensure accountability through the adoption and implementation of laws and international regulations with an approach based in human rights, in particular women’s rights;"]},{"id":"cedaw-c-gc-40-0041","docId":"cedaw-c-gc-40","idx":41,"n":41,"text":"41. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership","online gender-based violence against women and harassment, and ensure accountability through the adoption and implementation of laws and international regulations with an approach based in human rights, in particular women’s rights;"]},{"id":"cedaw-c-gc-40-0042","docId":"cedaw-c-gc-40","idx":42,"n":42,"text":"42. Under article 7 (a), women are guaranteed the right to vote in all elections and referendums. However, despite legal reforms, women still face barriers to fully exercising this right. In its general recommendation No. 21 (1994) on equality in marriage and family relations, the Committee notes that nationality laws may deprive women of their right to vote based on family or marital status and, in its general recommendation No. 23 (1997), the Committee highlights obstacles, including women’s limited access to candidate information, voter registration challenges linked to caring responsibilities and financial constraints that limit their time to follow campaigns and turn out to vote, as well as stereotypes discouraging women from voting or leading to attempts by men to influence or control women’s voting. Women may also face additional barriers to voting due to the lack of or control over necessary identification documents.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-40-0043","docId":"cedaw-c-gc-40","idx":43,"n":43,"text":"43. The Committee recommends that States parties:","labels":["Women/girls","Children","Persons with disabilities","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making"]},{"id":"cedaw-c-gc-40-0044","docId":"cedaw-c-gc-40","idx":44,"n":44,"text":"44. The right of women to stand for election to any public body is established in article 7 (a). The Committee observes, however, that the number of women candidates remains structurally limited and that women candidates remain subjected to significant discrimination in this area.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-40-0045","docId":"cedaw-c-gc-40","idx":45,"n":45,"text":"45. The Committee recommends that States parties:","labels":["Women/girls","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"]},{"id":"cedaw-c-gc-40-0046","docId":"cedaw-c-gc-40","idx":46,"n":46,"text":"46. Women’s right to participate in the formulation and implementation of government policy is guaranteed under article 7 (b). This includes the responsibilities of the parliament, local and regional councils and other community decision-making bodies. Under article 11, States parties are required to reconcile conflicts between work and family life, and, in general recommendation No. 25 (2004), the Committee recommends that laws, policies and programmes consider aspects of women’s lives that may differ from those of men. Despite progress, women still hold only 27 per cent of seats in national parliaments[[fn:43]] and constitute 35.5 per cent of elected members in local government.[[fn:44]] They hold just 24.1 per cent of parliamentary speaker roles[[fn:45]] and 18.9 per cent of chairs of parliamentary committees on defence, finance, foreign affairs and human rights.[[fn:46]] They often account for less than 15 per cent of mayors and governors at the local and provincial levels. Few women serve as presidents and prime ministers, and only 23.3 per cent of cabinet ministers globally are women.[[fn:47]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":43,"text":"Inter-Parliamentary Union, “Global and regional averages of women in national parliaments”, Parline database, available at https://data.ipu.org/women-averages (accessed on 25 October 2024)."},{"n":44,"text":"UN-Women, “Facts and figures: women’s leadership and political participation”, 2 October 2024, available at www.unwomen.org/en/what-we-do/leadership-and-political-participation/facts-and-figures."},{"n":45,"text":"Inter-Parliamentary Union, “Women speakers of national parliaments”, Parline database, available at https://data.ipu.org/women-speakers (accessed on 25 October 2024)."},{"n":46,"text":"Inter-Parliamentary Union, “Women in parliament in 2023”, available at www.ipu.org/resources/ publications/reports/2024-03/women-in-parliament-2023."},{"n":47,"text":"UN-Women, “Facts and figures: women’s leadership and political participation”."}],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"}]},{"id":"cedaw-c-gc-40-0047","docId":"cedaw-c-gc-40","idx":47,"n":47,"text":"47. The Committee recommends that States parties:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"]},{"id":"cedaw-c-gc-40-0048","docId":"cedaw-c-gc-40","idx":48,"n":48,"text":"48. Article 7 (b) stipulates women’s rights to hold public office and perform all government functions, another area in which women remain underrepresented in leadership positions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-40-0049","docId":"cedaw-c-gc-40","idx":49,"n":49,"text":"49. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"]},{"id":"cedaw-c-gc-40-0050","docId":"cedaw-c-gc-40","idx":50,"n":50,"text":"50. Under article 7 (c), women have the right to participate in non-governmental organizations and associations concerned with public and political life. Further guidance in this regard is provided in general recommendations No. 23 (1997), No. 33 (2015) and No. 39 (2022). At present, provisions requiring that political parties, trade unions and professional associations ensure parity in their decision-making bodies are lacking or their implementation is limited. Representatives of civil society organizations and women human rights defenders are also frequently subjected to legal restrictions and to threats, attacks and reprisals.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-40-0051","docId":"cedaw-c-gc-40","idx":51,"n":51,"text":"51. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"]},{"id":"cedaw-c-gc-40-0052","docId":"cedaw-c-gc-40","idx":52,"n":52,"text":"52. The Committee highlights that, as critical decisions are increasingly made at the global level, international decision-making is an area in which parity needs to be pioneered and established.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making"]},{"id":"cedaw-c-gc-40-0053","docId":"cedaw-c-gc-40","idx":53,"n":53,"text":"53. Under article 8, States parties are required to ensure that women have equal opportunities to represent their governments at the international level. Women served as 20.54 per cent of ambassadors in 2023.[[fn:48]] At the United Nations, 39 per cent of heads and deputy heads of mission were women in 2023.[[fn:49]] Women remain underrepresented in diplomatic and foreign services of most States parties, particularly in the highest ranks, and tend to be appointed as ambassadors in embassies considered less important for their country’s foreign relations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":48,"text":"Anwar Gargash Diplomatic Academy, Women in Diplomacy Dashboard, available at https://womenindiplomacy.ae."},{"n":49,"text":"UN-Women, “Facts and figures: women, peace, and security”."}],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making"],"citedArticles":[{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"cedaw-c-gc-40-0054","docId":"cedaw-c-gc-40","idx":54,"n":54,"text":"54. The Committee notes with appreciation that some States parties have adopted a feminist foreign policy, which seeks to advance gender equality and women’s rights through foreign policy and multilateral engagement.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making"]},{"id":"cedaw-c-gc-40-0055","docId":"cedaw-c-gc-40","idx":55,"n":55,"text":"55. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making"]},{"id":"cedaw-c-gc-40-0056","docId":"cedaw-c-gc-40","idx":56,"n":56,"text":"56. Article 8 stipulates equal opportunities for women to participate in the work of international organizations, which also includes universal and regional organizations. In its general recommendation No. 23 (1997), the Committee attributes the underrepresentation of women to the absence of objective criteria and processes for appointment and promotion to relevant positions. At present, concrete mechanisms to reach parity in the international arena are lacking.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making","new national and international partnerships on parity, including regarding development policies, debt and economic sanctions."],"citedArticles":[{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"cedaw-c-gc-40-0057","docId":"cedaw-c-gc-40","idx":57,"n":57,"text":"57. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making","new national and international partnerships on parity, including regarding development policies, debt and economic sanctions."]},{"id":"cedaw-c-gc-40-0058","docId":"cedaw-c-gc-40","idx":58,"n":58,"text":"58. It is affirmed in the preamble that the cause of peace requires the maximum participation of women on equal terms with men in all fields. Building on the Convention, its general recommendation No. 30 (2013) and Security Council resolution 1325 (2000) and subsequent resolutions, the Committee emphasizes the essential character of parity in all sectors as a prerequisite for peace and security. Women, however, remain significantly underrepresented in all decision-making systems in relation to peace and security.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","3. Parity in peace and security decision-making"]},{"id":"cedaw-c-gc-40-0059","docId":"cedaw-c-gc-40","idx":59,"n":59,"text":"59. The Committee observes that the increasingly complex and changing nature of conflict, emerging security threats caused by new technologies, including cyberattacks and artificial intelligence-driven lethal autonomous weapon systems, which may also exacerbate existing power imbalances and biases, a climate emergency, pandemics, the increasing exploration of outer space and various shifts in the geopolitical landscape have created an urgent need for the expansion of the women and peace and security agenda to address newly emerging threats, including those going beyond armed conflict prevention. The women and peace and security agenda must be applied both domestically and internationally and both in armed conflict prevention and in building resilience to all impending and unanticipated crisis situations.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","3. Parity in peace and security decision-making"]},{"id":"cedaw-c-gc-40-0060","docId":"cedaw-c-gc-40","idx":60,"n":60,"text":"60. The Committee underlines that the degree of prioritization and implementation of women’s rights in times of peace is intricately connected to their treatment in times of conflict. Domestic, foreign and transnational policies are also strongly interconnected and have cross-border and global impact on women’s lives. It is therefore also essential to apply the women and peace and security agenda with a new interdisciplinary understanding of the interconnected nature of these dynamics and use it as tool to secure women’s rights and a gender-responsive peace in all contexts, through both international development and domestic policies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","3. Parity in peace and security decision-making"]},{"id":"cedaw-c-gc-40-0061","docId":"cedaw-c-gc-40","idx":61,"n":61,"text":"61. The Committee recommends that States parties:","labels":["Women/girls","Adolescents","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","3. Parity in peace and security decision-making"]},{"id":"cedaw-c-gc-40-0062","docId":"cedaw-c-gc-40","idx":62,"n":62,"text":"62. A joint reading of the obligation to eliminate discrimination and achieve substantive equality in articles 1–3 and women’s equal rights in decision-making enshrined in articles 7 and 8 with their specific rights in relation to education, employment and economic empowerment in line with articles 10, 11 and 13 provides for parity in economic decision-making. This is further underlined and explained in general recommendations No. 13 (1989) on equal remuneration for work of equal value, No. 16 (1991) on unpaid women workers in rural and urban family enterprises, No. 17 (1991) on the measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product, No. 36 (2017) and No. 39 (2022).","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"13","source":"regex"}]},{"id":"cedaw-c-gc-40-0063","docId":"cedaw-c-gc-40","idx":63,"n":63,"text":"63. The Committee acknowledges the positive steps by private sector and key economic institutions to implement the business and human rights frameworks but considers that the private sector has a specific responsibility to establish parity at all levels. Women’s autonomy and parity is the precondition for women to positively combine their productive outputs, professional career and their personal choices, including with regards to maternity. A more gender-balanced top management is also correlated with more robust anti-corruption measures and increased transparency, with clear benefits for private sector organizations.[[fn:51]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":51,"text":"Scott Berinato, “Banks with more women on their boards commit less fraud”, Harvard Business Review, May–June 2021, available at https://hbr.org/2021/05/banks-with-more-women-on-their-boards-commit-less-fraud; and Kellie A. McElhaney and Sanaz Mobasseri, “Women create a sustainable future”, October 2012, available at www.eticanews.it/wp-content/uploads/2012/11/ Report-Women_Create_Sustainable_Value.pdf."}],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making"]},{"id":"cedaw-c-gc-40-0064","docId":"cedaw-c-gc-40","idx":64,"n":64,"text":"64. De jure and de facto discrimination and significant gaps in global and national economic frameworks and governance systems prevent women from being able to equally shape and access the economic market and assume decision-making roles therein. It also results in a failure to implement women’s economic rights and capture women’s productive outputs and contributions. Furthermore, unpaid care work, which is disproportionately carried out by women, constitutes a key factor that prevents women from accessing economic opportunities on the same level as men and needs to be revalued and shared equally.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making"]},{"id":"cedaw-c-gc-40-0065","docId":"cedaw-c-gc-40","idx":65,"n":65,"text":"65. The Committee also identifies the digital economy, including the technological transition and development and the use of artificial intelligence, as a key field requiring the equal and inclusive representation of women. This is crucial to prevent the perpetuation of gender stereotypes and new forms of discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making"]},{"id":"cedaw-c-gc-40-0066","docId":"cedaw-c-gc-40","idx":66,"n":66,"text":"66. The Committee recommends that States parties:","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making"]},{"id":"cedaw-c-gc-40-0067","docId":"cedaw-c-gc-40","idx":67,"n":67,"text":"67. Women’s control over their own bodies and lives and their equal rights, including legal status and legal capacity in all spheres, including in the family and community sphere, are enshrined in the Convention and are fundamental to exercising all their human rights, including their right to equal access to decision-making. The Committee observes that, despite progress, women’s and girls’ enjoyment of their rights in these areas often remains very limited. It also underlines, in its general recommendations No. 21 (1994) and No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, that unequal rights in family relations underlie all other aspects of discrimination against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making","division of responsibilities and company culture, providing incentives for good results, and request companies to report annually on measures to institutionalize parity;"]},{"id":"cedaw-c-gc-40-0068","docId":"cedaw-c-gc-40","idx":68,"n":68,"text":"68. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making","division of responsibilities and company culture, providing incentives for good results, and request companies to report annually on measures to institutionalize parity;"]},{"id":"cedaw-c-gc-40-0069","docId":"cedaw-c-gc-40","idx":69,"n":69,"text":"69. The Committee underlines the urgency of reaching parity in all decision-making systems to meet States parties’ overdue obligations under international law as well as to collectively build equal, resilient and prosperous societies.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["VI. Accountability and monitoring of State obligations to achieve parity-based systems"]},{"id":"cedaw-c-gc-40-0070","docId":"cedaw-c-gc-40","idx":70,"n":70,"text":"70. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["VI. Accountability and monitoring of State obligations to achieve parity-based systems"]},{"id":"cedaw-c-gc-40-0071","docId":"cedaw-c-gc-40","idx":71,"n":71,"text":"71. Building on existing commitments, the Committee sees several opportunities for action by the international community and regional organizations to advance the legal and normative basis for parity in decision-making in all spheres and at all levels.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["VII. Actions for the international community to ensure parity-based systems"]},{"id":"cedaw-c-gc-40-0072","docId":"cedaw-c-gc-40","idx":72,"n":72,"text":"72. The Committee recommends that the international community:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["VII. Actions for the international community to ensure parity-based systems"]},{"id":"annotated-cedaw-gr19-violence-0001","docId":"annotated-cedaw-gr19-violence","idx":1,"n":1,"text":"Gender-based violence is a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Background"]},{"id":"annotated-cedaw-gr19-violence-0002","docId":"annotated-cedaw-gr19-violence","idx":2,"n":2,"text":"In 1989, the Committee recommended that States should include in their reports information on violence and on measures introduced to deal with it (General recommendation 12, Eighth session).","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Background"]},{"id":"annotated-cedaw-gr19-violence-0003","docId":"annotated-cedaw-gr19-violence","idx":3,"n":3,"text":"At its tenth session in 1991, it was decided to allocate part of the eleventh session to a discussion and study on article 6 and other articles of the Convention relating to violence towards women and the sexual harassment and exploitation of women. That subject was chosen in anticipation of the 1993 World Conference on Human Rights, convened by the General Assembly by its resolution 45/155 of 18 December 1990.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0004","docId":"annotated-cedaw-gr19-violence","idx":4,"n":4,"text":"The Committee concluded that not all the reports of States parties adequately reflected the close connection between discrimination against women, gender-based violence, and violations of human rights and fundamental freedoms. The full implementation of the Convention required States to take positive measures to eliminate all forms of violence against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Background"]},{"id":"annotated-cedaw-gr19-violence-0005","docId":"annotated-cedaw-gr19-violence","idx":5,"n":5,"text":"The Committee suggested to States parties that in reviewing their laws and policies, and in reporting under the Convention, they should have regard to the following comments of the Committee concerning gender-based violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Background"]},{"id":"annotated-cedaw-gr19-violence-0006","docId":"annotated-cedaw-gr19-violence","idx":6,"n":6,"text":"The Convention in article 1 defines discrimination against women. The definition of discrimination includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["General comments"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0007","docId":"annotated-cedaw-gr19-violence","idx":7,"n":7,"text":"Gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention. These rights and freedoms include: (a) The right to life; (b) The right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment; (c) The right to equal protection according to humanitarian norms in time of international or internal armed conflict; (d) The right to liberty and security of person; (e) The right to equal protection under the law; (f) The right to equality in the family; (g) The right to the highest standard attainable of physical and mental health; (h) The right to just and favourable conditions of work.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["General comments"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0008","docId":"annotated-cedaw-gr19-violence","idx":8,"n":8,"text":"The Convention applies to violence perpetrated by public authorities. Such acts of violence may breach that State’s obligations under general international human rights law and under other conventions, in addition to breaching this Convention.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["General comments"]},{"id":"annotated-cedaw-gr19-violence-0009","docId":"annotated-cedaw-gr19-violence","idx":9,"n":9,"text":"It is emphasized, however, that discrimination under the Convention is not restricted to action by or on behalf of Governments (see articles 2 (e), 2 (f) and 5). For example, under article 2 (e) the Convention calls on States parties to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. Under general international law and specific human rights covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["General comments"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0010","docId":"annotated-cedaw-gr19-violence","idx":10,"n":10,"text":"Articles 2 and 3 establish a comprehensive obligation to eliminate discrimination in all its forms in addition to the specific obligations under articles 5-16.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Articles 2 and 3"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0011","docId":"annotated-cedaw-gr19-violence","idx":11,"n":11,"text":"Traditional attitudes by which women are regarded as subordinate to men or as having stereotyped roles perpetuate widespread practices involving violence or coercion, such as family violence and abuse, forced marriage, dowry deaths, acid attacks and female circumcision. Such prejudices and practices may justify gender-based violence as a form of protection or control of women. The effect of such violence on the physical and mental integrity of women is to deprive them of the equal enjoyment, exercise and knowledge of human rights and fundamental freedoms. While this comment addresses mainly actual or threatened violence the underlying consequences of these forms of gender-based violence help to maintain women in subordinate roles and contribute to their low level of political participation and to their lower level of education, skills and work opportunities.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Articles 2 (f), 5 and 10 (c)"]},{"id":"annotated-cedaw-gr19-violence-0012","docId":"annotated-cedaw-gr19-violence","idx":12,"n":12,"text":"These attitudes also contribute to the propagation of pornography and the depiction and other commercial exploitation of women as sexual objects, rather than as individuals. This in turn contributes to gender-based violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Articles 2 (f), 5 and 10 (c)"]},{"id":"annotated-cedaw-gr19-violence-0013","docId":"annotated-cedaw-gr19-violence","idx":13,"n":13,"text":"States parties are required by article 6 to take measures to suppress all forms of traffic in women and exploitation of the prostitution of women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 6"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0014","docId":"annotated-cedaw-gr19-violence","idx":14,"n":14,"text":"Poverty and unemployment increase opportunities for trafficking in women. In addition to established forms of trafficking there are new forms of sexual exploitation, such as sex tourism, the recruitment of domestic labour from developing countries to work in developed countries, and organized marriages between women from developing countries and foreign nationals. These practices are incompatible with the equal enjoyment of rights by women and with respect for their rights and dignity. They put women at special risk of violence and abuse.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 6"]},{"id":"annotated-cedaw-gr19-violence-0015","docId":"annotated-cedaw-gr19-violence","idx":15,"n":15,"text":"Poverty and unemployment force many women, including young girls, into prostitution. Prostitutes are especially vulnerable to violence because their status, which may be unlawful, tends to marginalize them. They need the equal protection of laws against rape and other forms of violence.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 6"]},{"id":"annotated-cedaw-gr19-violence-0016","docId":"annotated-cedaw-gr19-violence","idx":16,"n":16,"text":"Wars, armed conflicts and the occupation of territories often lead to increased prostitution, trafficking in women and sexual assault of women, which require specific protective and punitive measures.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 6"]},{"id":"annotated-cedaw-gr19-violence-0017","docId":"annotated-cedaw-gr19-violence","idx":17,"n":17,"text":"Equality in employment can be seriously impaired when women are subjected to gender-specific violence, such as sexual harassment in the workplace.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 11"]},{"id":"annotated-cedaw-gr19-violence-0018","docId":"annotated-cedaw-gr19-violence","idx":18,"n":18,"text":"Sexual harassment includes such unwelcome sexually determined behaviour as physical contact and advances, sexually coloured remarks, showing pornography and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 11"]},{"id":"annotated-cedaw-gr19-violence-0019","docId":"annotated-cedaw-gr19-violence","idx":19,"n":19,"text":"States parties are required by article 12 to take measures to ensure equal access to health care. Violence against women puts their health and lives at risk.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 12"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0020","docId":"annotated-cedaw-gr19-violence","idx":20,"n":20,"text":"In some States there are traditional practices perpetuated by culture and tradition that are harmful to the health of women and children. These practices include dietary restrictions for pregnant women, preference for male children and female circumcision or genital mutilation.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 12"]},{"id":"annotated-cedaw-gr19-violence-0021","docId":"annotated-cedaw-gr19-violence","idx":21,"n":21,"text":"Rural women are at risk of gender-based violence because of traditional attitudes regarding the subordinate role of women that persist in many rural communities. Girls from rural communities are at special risk of violence and sexual exploitation when they leave the rural community to seek employment in towns.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 14"]},{"id":"annotated-cedaw-gr19-violence-0022","docId":"annotated-cedaw-gr19-violence","idx":22,"n":22,"text":"Compulsory sterilization or abortion adversely affects women’s physical and mental health, and infringes the right of women to decide on the number and spacing of their children.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 16 (and article 5)"]},{"id":"annotated-cedaw-gr19-violence-0023","docId":"annotated-cedaw-gr19-violence","idx":23,"n":23,"text":"Family violence is one of the most insidious forms of violence against women. It is prevalent in all societies. Within family relationships women of all ages are subjected to violence of all kinds, including battering, rape, other forms of sexual assault, mental and other forms of violence, which are perpetuated by traditional attitudes. Lack of economic independence forces many women to stay in violent relationships. The abrogation of their family responsibilities by men can be a form of violence, and coercion. These forms of violence put women’s health at risk and impair their ability to participate in family life and public life on a basis of equality.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 16 (and article 5)"]},{"id":"annotated-cedaw-gr19-violence-0024","docId":"annotated-cedaw-gr19-violence","idx":24,"n":24,"text":"In light of these comments, the Committee on the Elimination of Discrimination against Women recommends: (a) States parties should take appropriate and effective measures to overcome all forms of gender-based violence, whether by public or private act; (b) States parties should ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity. Appropriate protective and support services should be provided for victims. Gender-sensitive training of judicial and law enforcement officers and other public officials is essential for the effective implementation of the Convention; (c) States parties should encourage the compilation of statistics and research on the extent, causes and effects of violence, and on the effectiveness of measures to prevent and deal with violence; (d) Effective measures should be taken to ensure that the media respect and promote respect for women; (e) States parties in their report should identify the nature and extent of attitudes, customs and practices that perpetuate violence against women, and the kinds of violence that result. They should report the measures that they have undertaken to overcome violence, and the effect of those measures; (f) Effective measures should be taken to overcome these attitudes and practices. States should introduce education and public information programmes to help eliminate prejudices which hinder women’s equality (recommendation No. 3, 1987); (g) Specific preventive and punitive measures are necessary to overcome trafficking and sexual exploitation; (h) States parties in their reports should describe the extent of all these problems and the measures, including penal provisions, preventive and rehabilitation measures, that have been taken to protect women engaged in prostitution or subject to trafficking and other forms of sexual exploitation. The effectiveness of these measures should also be described; (i) Effective complaints procedures and remedies, including compensation, should be provided; (j) States parties should include in their reports information on sexual harassment, and on measures to protect women from sexual harassment and other forms of violence of coercion in the workplace; (k) States parties should establish or support services for victims of family violence, rape, sex assault and other forms of gender-based violence, including refuges, specially trained health workers, rehabilitation and counselling; (l) States parties should take measures to overcome such practices and should take account of the Committee’s recommendation on female circumcision (recommendation No. 14) in reporting on health issues; (m) States parties should ensure that measures are taken to prevent coercion in regard to fertility and reproduction, and to ensure that women are not forced to seek unsafe medical procedures such as illegal abortion because of lack of appropriate services in regard to fertility control; (n) States parties in their reports should state the extent of these problems and should indicate the measures that have been taken and their effect; (o) States parties should ensure that services for victims of violence are accessible to rural women and that where necessary special services are provided to isolated communities; (p) Measures to protect them from violence should include training and employment opportunities and the monitoring of the employment conditions of domestic workers; (q) States parties should report on the risks to rural women, the extent and nature of violence and abuse to which they are subject, their need for and access to support and other services and the effectiveness of measures to overcome violence; (r) Measures that are necessary to overcome family violence should include: Criminal penalties where necessary and civil remedies in case of domestic violence; Legslation to remove the defence of honour in regard to the assault or murder of a female family member; Services to ensure the safety and security of victims of family violence, including refuges, counselling and rehabilitation programmes; Rehabilitation programmes for perpetrators of domestic violence; Support services for families where incest or sexual abuse has occurred; (s) States parties should report on the extent of domestic violence and sexual abuse, and on the preventive, punitive and remedial measures that have been taken; (t) That States parties should take all legal and other measures that are necessary to provide effective protection of women against gender-based violence, including, inter alia: Effective legal measures, including penal sanctions, civil remedies compensatory provisions to protect women against all kinds of violence, including, inter alia, violence and abuse in the family, sexual assault and sexual harassment in the workplace; Preventive measures, including public information and education programmes to change attitudes concerning the roles and status of men and women; Protective measures, including refuges, counselling, rehabilitation and support services for women who are the victims of violence or who are at risk of violence; (u) That States parties should report on all forms of gender-based violence, and that such reports should include all available data on the incidence of each form of violence, and on the effects of such violence on the women who are victims; (v) That the reports of States parties should include information on the legal, preventive and protective measures that have been taken to overcome violence against women, and on the effectiveness of such measures.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Specific recommendations"]},{"id":"cedaw-c-gc-30-add-1-0001","docId":"cedaw-c-gc-30-add-1","idx":1,"n":1,"text":"1. The Committee on the Elimination of Discrimination against Women is marking the twenty-fifth anniversary of Security Council resolution 1325 (2000) by updating its general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations. In the present addendum, the Committee reaffirms the preamble to the Convention on the Elimination of All Forms of Discrimination against Women, wherein it is stated that “the strengthening of international peace and security” and “the affirmation of the principles of justice, equality and mutual benefit in relations among countries… will promote social progress and development and as a consequence will contribute to the attainment of full equality between men and women”. It builds on the principles set out in general recommendation No. 30 relating to the participation of women in conflict prevention, peacebuilding, post-conflict reconstruction and access to justice and decision-making in disarmament, demobilization and reintegration processes. The primary aim of the addendum is to provide authoritative guidance, in full compliance with the Convention, to States Parties and non-State actors and to guarantee that gender considerations are integrated in the implementation of policies and programmes related to peace and security, in accordance with Security Council resolution 2242 (2015).","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0002","docId":"cedaw-c-gc-30-add-1","idx":2,"n":2,"text":"2. Much has evolved since the adoption of general recommendation No. 30, including the changing nature of conflict, the weaponization of technology, shifts in the global political economy, a new arms race, growing climate emergencies, and rapidly shrinking civic spaces for women and the reversal of their rights. The present addendum will serve to guide the application of general recommendation No. 30 in this shifting locus, in line with the Secretary-General’s New Agenda for Peace. It does not create new international or domestic legal obligations but reinvigorates general recommendation No. 30, emphasizing existing obligations under international humanitarian law, international human rights law, criminal law, refugee law, cross-cutting resolutions of the Security Council and the corpus of relevant norms, including the Committee’s own jurisprudence, general recommendations and concluding observations.","labels":["Persons affected by armed conflict","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0003","docId":"cedaw-c-gc-30-add-1","idx":3,"n":3,"text":"3. The present addendum serves to reiterate that these norms should work in parallel, ensuring the complementarity of the rights-based approach of the Convention with Security Council resolution 1325 (2000) and the full constellation of the women and peace and security agenda, emphasizing the vital role of women in peacebuilding within a non-discriminatory, intersectional framework. The Committee, in partnership with United Nations entities and multilateral organizations, seeks to guide the integration of the present addendum into national action plans and domestic and regional policies and programmes, and recommends the allocation of gender-responsive humanitarian and financial resources in the prevention and resolution of conflict.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0004","docId":"cedaw-c-gc-30-add-1","idx":4,"n":4,"text":"4. The present addendum elaborates on the expansive coverage in general recommendation No. 30 of armed and non-armed conflict, “situations of concern” that are of “particular concern to the Committee”, including “internal disturbances, protracted and low-intensity civil strife, political strife, ethnic and communal violence, states of emergency and suppression of mass uprisings, war against terrorism and organized crime, which may not necessarily be classified as armed conflict under international humanitarian law and which result in serious violations of women’s rights”. It also further develops the ideas set out in general recommendation No. 40 (2024) on the equal and inclusive representation of women in decision-making systems, in which the Committee underscores “the increasingly complex and changing nature of conflict, emerging security threats caused by new technologies, including cyberattacks and artificial intelligence-driven lethal autonomous weapon systems, which may also exacerbate existing power imbalances and biases, a climate emergency, pandemics, the increasing exploration of outer space and various shifts in the geopolitical landscape”, creating an “urgent need for the expansion of the women and peace and security agenda to address newly emerging threats, including those going beyond armed conflict prevention”. In the present addendum, the Committee also underscores the cross-cutting nature of the “impacts of climate change and the global nature of health pandemics” (see Security Council resolution 2242 (2015)).","labels":["Persons affected by armed conflict","Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0005","docId":"cedaw-c-gc-30-add-1","idx":5,"n":5,"text":"5. In the present addendum, the Committee reiterates its recommendation in general recommendation No. 30 that States Parties “apply the Convention and other international human rights instruments and humanitarian law comprehensively in the exercise of territorial or extraterritorial jurisdiction” and “fulfil the rights guaranteed by the Convention”, which applies both territorially and extraterritorially, including in “situations of foreign occupation”.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0006","docId":"cedaw-c-gc-30-add-1","idx":6,"n":6,"text":"6. Over the past 25 years, the conceptualization of conflict-related sexual violence under international law has deepened significantly, from historically stereotype-based definitions of protection to broader, survivor-informed understandings. Despite progress, implementation gaps remain in existing women and peace and security frameworks, as seen in continuing impunity for conflict-related sexual violence and the exclusion of women from legal remedies or reparations regimes, including structural reparations. A commitment to transformative reparations is critical to gender-sensitive post-conflict processes that guarantee non-repetition. Reparative justice attempts to address restitutive and restorative justice and the structures that spark conflict. In addition, there must be increased attention to the varied forms of gender-based violence in conflict beyond conflict-related sexual violence, such as gender persecution and reproductive violence. The Committee’s growing jurisprudence and its concluding observations reflect this shift. Today, many forms of gender-based violence – physical, moral and psychological – are recognized in international criminal law, illuminated by survivors’ experiences.","labels":["Persons affected by armed conflict","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0007","docId":"cedaw-c-gc-30-add-1","idx":7,"n":7,"text":"7. While in its resolution 2467 (2019), the Security Council “urges existing sanctions committees… to apply targeted sanctions against those who perpetrate and direct sexual violence in conflict”, in the present addendum, the Committee emphasizes the profound gender-specific humanitarian impact of unilateral coercive measures. In the guiding principles on sanctions, business and human rights, the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights made clear that States, international bodies and businesses must uphold human rights in all sanctions regimes. Any response must comply with the limitations laid out in the articles on responsibility of States for internationally wrongful acts, and sanctions committees must “have the necessary gender expertise” (see Security Council resolution 2242 (2015)).","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0008","docId":"cedaw-c-gc-30-add-1","idx":8,"n":8,"text":"8. In the present addendum, while emphasizing efforts to combat impunity, the Committee seeks to move beyond framing physical violence as women’s primary experience of conflict and to recognize women as change agents in conflict prevention and participants in peace. It reinforces the shift in the women and peace and security agenda away from reductive narratives of victimhood, which obscure women’s leadership in peacebuilding and justice mechanisms, as envisioned by the pillars of Security Council resolution 1325 (2000) on participation, conflict prevention and peacebuilding. Moreover, in general recommendation No. 40, the Committee redefines “equal and inclusive representation” as full parity in both access to and power within decision-making, especially in sustainable peace. To date, 16 States – in both the North and the South – have adopted a new feminist foreign policy, reflecting an aspiration to decolonize historically unequal power structures while advancing the women and peace and security agenda. Pursuant to the vision outlined in general recommendation No. 40, the Committee recommends that States Parties “reframe national action plans on women and peace and security with parity as a fundamental principle, ensuring that they incorporate a feminist domestic and foreign policy”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0009","docId":"cedaw-c-gc-30-add-1","idx":9,"n":9,"text":"9. In the present addendum, the Committee envisions responses from new stakeholders, including the private sector, linked to general recommendation No. 40, to cover shifting conflict landscapes, a new global economic order and changes in global power dynamics. Artificial intelligence (AI), which is evolving rapidly, can make conflict more lethal: AI-enabled cyberattacks can destroy networks, and AI-driven decision-making can transform warfare, weapons and tactics. Meanwhile, the widening digital gender divide excludes women from decision-making and addressing the gendered impacts of AI in conflict.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0010","docId":"cedaw-c-gc-30-add-1","idx":10,"n":10,"text":"10. Moreover, with the risks posed by cybercrime, cyberspace is a new battlefield. AI can be leveraged for cyberscams, disinformation and online harassment of women and girls, with a potential chilling effect on the participation of women in conflict prevention and peacebuilding.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0011","docId":"cedaw-c-gc-30-add-1","idx":11,"n":11,"text":"11. At the same time, multilateral disarmament and non-proliferation tools – both treaty-based and voluntary – remain vital. In the Beijing Declaration and Platform for Action, the States represented at the Fourth World Conference on Women accentuated the immediate need for negotiations on nuclear disarmament and “the leading role that women have played in the peace movement”, urging Governments to “support negotiations on the conclusion, without delay, of a universal and multilaterally and effectively verifiable comprehensive nuclear-test-ban treaty that contributes to nuclear disarmament and the prevention of the proliferation of nuclear weapons in all its aspects”. In resolution 1325 (2000), the Security Council highlighted the importance of gender-sensitive disarmament, and in resolution 1820 (2008), the Council called for the inclusion of women in peace and security frameworks. The Committee, in its concluding observations, and the General Assembly, in its resolution 79/57 of 2 December 2024 on women, disarmament, non-proliferation and arms control, call for the full, equal and meaningful participation of women in efforts to prevent, combat and eradicate the illicit transfer of small arms while recognizing women as key players in arms control.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0012","docId":"cedaw-c-gc-30-add-1","idx":12,"n":12,"text":"12. New and continuing security threats, including “occupation and other forms of administration of foreign territory” and “lawful or unlawful military actions” (see general recommendation No. 30), highlight the urgency of bringing gender framing to a changing global order. The present addendum offers forward-looking guidance to States Parties, non-State actors and multilateral organizations to confront security threats through an intersectional lens rooted in the bedrock of the rule of law and the Charter of the United Nations. In the sections below, the Committee elaborates how the principles of the women and peace and security agenda, together with enhanced resources, can be applied and implemented in continuing and emerging spheres of concern.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0013","docId":"cedaw-c-gc-30-add-1","idx":13,"n":13,"text":"13. In accordance with general recommendation No. 40, States should recognize “the essential character of parity in all sectors as a prerequisite for peace and security”. The Security Council has noted “the lack of adequate gender-sensitive humanitarian responses and support for women’s leadership roles in these settings, insufficient financing for women, peace and security, and the resulting detrimental impact on the maintenance of international peace and security” (see resolutions 2242 (2015), 2467 (2019) and 2493 (2019)). Progress in achieving women’s leadership in peace processes remains slow. According to a report of the Secretary-General, in 2023, women comprised only 9.6% of negotiators (S/2024/671, para. 22). The Committee underscores that, under the New Agenda for Peace, it is recommended that 1% of official development assistance be allocated to women-led groups in conflict zones.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women’s leadership in peace and security"]},{"id":"cedaw-c-gc-30-add-1-0014","docId":"cedaw-c-gc-30-add-1","idx":14,"n":14,"text":"14. States should position women’s engagement at all levels of decision-making as integral to the full realization of Security Council resolution 1325 (2000). In resolution 2493 (2019) and other resolutions on women and peace and security, the Council urges States to include women at every peacebuilding stage – from negotiations to reconstruction, elections to judicial reform. Similarly, in general recommendation No. 40, the Committee recommends that women’s leadership be strengthened across the peacebuilding life cycle. As apposite, in paragraph 59 of general recommendation No. 40, the Committee draws attention to the participation of women in decision-making with respect to the architecture of “the increasing exploration of outer space and various shifts in the geopolitical landscape”. The participation of women in the peaceful exploration of outer space, under the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, will strengthen outer space as a global common, free from all forms of discrimination. A looming threat is the spectre of the militarization of space. While bans on nuclear weapons testing and the deployment of weapons of mass destruction in outer space must be maintained, the participation of women in satellite de-orbiting, debris mitigation and responsible space craft disposal is pivotal to peaceful space exploration and reconnaissance, and is key to the pursuit of the sustainable use of space.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women’s leadership in peace and security"]},{"id":"cedaw-c-gc-30-add-1-0015","docId":"cedaw-c-gc-30-add-1","idx":15,"n":15,"text":"15. In line with Security Council resolution 2467 (2019), in which the Council reinforces the importance of survivor-centric justice, States are encouraged to prioritize survivor needs, voluntary consent and post-conflict care. It promotes survivor-led approaches, institutional resources, including survivor funds, and integration or resettlement assistance for displaced persons. Crucially, it also promotes the lifting of sociocultural stigma regarding gender-based violence in conflict.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Survivor-centric justice"]},{"id":"cedaw-c-gc-30-add-1-0016","docId":"cedaw-c-gc-30-add-1","idx":16,"n":16,"text":"16. In accordance with Security Council resolution 2617 (2021), States should collect and preserve evidence for prosecution purposes. In its resolution 2467 (2019), the Council emphasizes trauma-informed justice processes, information integrity, data privacy and safeguarding the rights of those vulnerable to evidence leakage. Under article 68 of the Rome Statute of the International Criminal Court, appropriate measures should be taken “to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses”. Integral to survivor-centric justice are comprehensive witness protection schemes, which ensure witness safety and mental health services in order to avoid victim and witness retraumatization before, during and after legal proceedings. States should encourage trauma-informed justice processes for collecting evidence, obtaining safe testimonies based on new forensic protocols and bolstering the participation of survivors and their communities.","labels":["Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Survivor-centric justice"],"citedArticles":[{"treaty":"CEDAW","article":"68","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0017","docId":"cedaw-c-gc-30-add-1","idx":17,"n":17,"text":"17. In its resolution 76/304 of 2 September 2022, entitled “International cooperation for access to justice, remedies and assistance for survivors of sexual violence”, the General Assembly reiterates the importance of justice systems rooted in survivor-centred principles: dignity, access to care, protection from stigma and retaliation, and meaningful inclusion of survivors in justice processes. In its Policy on Gender-based Crimes of 2023,[[fn:2]] the Office of the Prosecutor of the International Criminal Court highlights intersectional justice, emphasizing dignity and respect, and affirms a survivor-centred approach to investigation and prosecution. Similarly, in its Policy on the Crime of Gender Persecution,[[fn:3]] with a view to obtaining full accountability for those directly affected by gender-based persecution, it stresses the importance of collaboration with civil society and observes that “networks are crucial for effective investigations”.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":2,"text":"Available at www.icc-cpi.int/news/policy-gender-based-crimes."},{"n":3,"text":"Available at www.icc-cpi.int/news/policy-crime-gender-persecution."}],"section":["Survivor-centric justice"]},{"id":"cedaw-c-gc-30-add-1-0018","docId":"cedaw-c-gc-30-add-1","idx":18,"n":18,"text":"18. In the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), emphasis is placed on protecting women against attacks on their “honour”, in particular against rape – language reflecting a historically stereotypical understanding that links women’s bodies and sexuality to the honour of their families and communities. To shift the shame and combat stigmatization, in line with Security Council resolution 2467 (2019), national and local leaders are encouraged to play a more active role in community advocacy. In its resolution 76/304 on international cooperation for access to justice, remedies and assistance for survivors of sexual violence, the General Assembly recognizes the contributions of “women’s, young women’s, girls’, youth-led, grass-roots and community-based organizations, rural, Indigenous and feminist groups, women human rights defenders, women journalists and media professionals and trade unions” in strengthening access to justice.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Shifting shame and stigma to the perpetrator"]},{"id":"cedaw-c-gc-30-add-1-0019","docId":"cedaw-c-gc-30-add-1","idx":19,"n":19,"text":"19. In Security Council resolution 2242 (2015) and in General Assembly resolution 79/152 of 17 December 2024, entitled “Intensification of efforts to prevent and eliminate all forms of violence against women and girls: the digital environment”, the policy of zero tolerance for sexual exploitation is reaffirmed. Zero-tolerance policies and safeguards against retaliation and intimidation are determinants of witness and survivor participation in justice processes, which should centre survivors as chief protagonists in accountability efforts.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Shifting shame and stigma to the perpetrator"]},{"id":"cedaw-c-gc-30-add-1-0020","docId":"cedaw-c-gc-30-add-1","idx":20,"n":20,"text":"20. In his first thematic report on conflict-related sexual violence, the Secretary-General defined “conflict-related sexual violence” as “sexual violence occurring in a conflict or post-conflict setting that has a direct or indirect causal link with the conflict itself” and warned that such violence may be deployed as a method of terror, intimidation, ethnic cleansing or gender-based abuse (see S/2010/604). In his report of 2023 on the same topic, the Secretary-General reaffirmed the importance of adopting a survivor-centred approach, putting an end to impunity, prosecuting the perpetrators of sexual and gender-based crimes with survivors’ informed consent, and providing specialized services for survivors (see S/2023/413).","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0021","docId":"cedaw-c-gc-30-add-1","idx":21,"n":21,"text":"21. The Committee recalls the seminal Akayesu case,[[fn:4]] in which rape was recognized as a constituent act of genocide; the Ntaganda case,[[fn:5]] in which sexual slavery was recognized as a war crime; and the Ongwen case,[[fn:6]] in which forced pregnancy was recognized as a crime against humanity. While not all States Parties to the Convention on the Elimination of All Forms of Discrimination against Women are Parties to the Rome Statute of the International Criminal Court, in general recommendation No. 30, the Committee refers to the Rome Statute as it is the primary treaty outlining the most serious crimes of concern to the international community – those that threaten the peace, security and well-being of the world. The present addendum is anchored in the recognition in general recommendation No. 30 that, “under the Convention, States Parties’ obligations to prevent…gender-based violence are reinforced by international criminal law, including…the Rome Statute, pursuant to which … rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity may constitute a war crime, a crime against humanity or an act of torture, or constitute an act of genocide”.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":4,"text":"International Criminal Tribunal for Rwanda, The Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgment, 2 September 1998."},{"n":5,"text":"International Criminal Court, The Prosecutor v. Bosco Ntaganda, Case No. ICC-01/04-02/06, Judgment, 8 July 2019."},{"n":6,"text":"International Criminal Court, The Prosecutor v. Dominic Ongwen, Case No. ICC-02/04-01/15, Judgment, 4 February 2021."}],"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0022","docId":"cedaw-c-gc-30-add-1","idx":22,"n":22,"text":"22. The inclusion in the Rome Statute of “any other form of sexual violence of comparable gravity” opens the door to previously unrecognized forms of violence (art. 7 (1) (g)). International criminal law, including definitions of gender-based violence and, in particular, sexual violence, must be interpreted in a manner that is consistent with the Convention and other internationally recognized human rights instruments. In general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, the Committee notes that the Rome Statute, Security Council resolution 1325 (2000) “and subsequent resolutions on women and peace and security, as well as many resolutions of the Human Rights Council, including resolution 32/19 of 1 July 2016, contain specific provisions on gender-based violence against women”. States should reinforce the call in Security Council resolution 1820 (2008) for “the categorical prohibition of all forms of sexual violence against civilians” and place “primary responsibility” for protecting civilians on the parties to the conflict.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Expanding approaches to conflict-related sexual violence"],"citedArticles":[{"treaty":"CEDAW","article":"7","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0023","docId":"cedaw-c-gc-30-add-1","idx":23,"n":23,"text":"23. In its resolution 2467 (2019), the Security Council demanded the complete cessation of sexual violence in conflict. While noting that such violence disproportionately affects women and girls, it recognized that men and boy are also targets of sexual violence in conflict and post-conflict settings. It urged States to end impunity for conflict-related sexual violence through access to justice, including reparations, and encouraged national, community and religious leaders to “play a more active role in advocating within communities against sexual violence in conflict”. In his guidance note on reparations for conflict-related sexual violence,[[fn:7]] the Secretary-General recognized the need for gender-sensitive remedies for conflict-related sexual violence. In its resolution 2467 (2019), the Council expressly reaffirmed the obligations of parties to conflict under the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto and alerted States of their responsibility in ensuring accountability for sexual and gender-based crimes under the Rome Statute.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":7,"text":"Available at https://digitallibrary.un.org/record/814902?ln=en&v=pdf."}],"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0024","docId":"cedaw-c-gc-30-add-1","idx":24,"n":24,"text":"24. According to the definitions contained in the Policy on Gender-based Crimes, gynaecologic fistula, vaginal bleeding, permanent damage to one’s reproductive system, miscarriage, physical harm due to pregnancy and childbearing, health complications during childbirth, somatic complaints and sexually transmitted infections, including HIV and AIDS, are examples of the consequences of sexual and gender-based crimes. Moreover, the rights of children born out of forced marriage, forced pregnancy, rape and sexual slavery are to be protected, and due consideration is to be paid to mothers of children born of rape, who bear the weight of caregiving.","labels":["Children","Persons living with HIV/AIDS","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0025","docId":"cedaw-c-gc-30-add-1","idx":25,"n":25,"text":"25. In the Policy on the Crime of Gender Persecution, it is emphasized that gender persecution “may, and frequently does, intersect with and constitute multiple forms of persecution based on political, racial, national, ethnic, cultural, religious or other grounds”. Similar to Security Council resolution 2467 (2019), in the Policy, sexual and gender-based violence are described as among the gravest crimes in the Rome Statute. The Policy contains guidance for States investigating and prosecuting these crimes, noting that they should be a “key priority” and that cultural relativism cannot be a shield against gender-based crimes: “breaches of fundamental rights cannot be ignored, dismissed or justified on the basis of culture”. The Committee alerts States to increased rates of child marriage and sex trafficking in conflict-affected countries and recommends that they take urgent action to prevent these crimes.","labels":["Children","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0026","docId":"cedaw-c-gc-30-add-1","idx":26,"n":26,"text":"26. Conflict-related sexual violence is not isolated or episodic, but a continuum of the structural inequalities of violence against women, including economic violence, such as unequal access to property, land confiscation and land-grabbing. Post-conflict debt restructuring and structural adjustment should ensure decision-making abilities for women and address the gendered impact of monetary policies. Peace agreements should include the reallocation of land and land titling for women refugees and internally displaced women. Land rights include the use of rare earth minerals for the benefit of women in the rural community. The economic rights of women, especially of minority and Indigenous women, are key to the recovery and sustainability of peace. As highlighted in the Policy on the Crime of Gender Persecution, “examining rape and other forms of sexual or non-sexual violence in isolation may lead to missing relevant facts or patterns demonstrating their commission as a form of persecution”.","labels":["Internally displaced persons","Persons affected by armed conflict","Persons living in rural/remote areas","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0027","docId":"cedaw-c-gc-30-add-1","idx":27,"n":27,"text":"27. In her report of 2024, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment asserts that “sexual assaults committed by warring parties are almost always torture” (A/79/181, para. 21). The substantial list therein of sexually violent actions that constitute cruel, inhuman or degrading treatment or punishment includes “forced nudity, verbal abuse and threats of a sexual nature, forced masturbation or urination, physical trauma, electrocuting, mutilating or targeting of genitalia, reproductive organs or breasts, rape (involving digital, object or penile penetration), enslavement, mock or real castrations and forced abortions, pregnancies or sterilizations” (ibid., para. 22). The International Committee of the Red Cross affirms that, “sexual violence can be used as a form of reprisal, to create fear, or as a form of torture… Rape would typically constitute torture, for instance, when it is intentionally inflicted by a State official in order to obtain confessions from the victim”.[[fn:8]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":8,"text":"See www.icrc.org/en/document/sexual-violence-armed-conflict-questions-and-answers."}],"section":["Sexualized torture"]},{"id":"cedaw-c-gc-30-add-1-0028","docId":"cedaw-c-gc-30-add-1","idx":28,"n":28,"text":"28. According to the Policy on Gender-based Crimes, torture can “be committed by way of acts of sexual, reproductive and other gender-based violence if they cause the victim(s) in the perpetrator’s custody and/or control severe pain and suffering”. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides an unqualified right for victims to access rehabilitation and compensation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Sexualized torture"]},{"id":"cedaw-c-gc-30-add-1-0029","docId":"cedaw-c-gc-30-add-1","idx":29,"n":29,"text":"29. The right to remedy and reparations for victims of gross human rights violations is enshrined in international law. The Hague Convention respecting the Laws and Customs of War on Land of 1907 (art. 3) and the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) (art. 91) uphold State responsibility for remedying serious violations of international humanitarian law. Furthermore, parties to conflict that violate Protocol I “shall, if the case demands, be liable to pay compensation”. In its resolution 2467 (2019), the Security Council emphasizes survivor-centred justice, while in general recommendation No. 30, the Committee frames redress through the potential for “transformative change in women’s lives”.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Reparations"],"citedArticles":[{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'The Hague Convention respecting the Laws and Customs of War on Land of 1907 (art. 3)' - IHL instrument, not in scope."},{"article":"91","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Protocol Additional to the Geneva Conventions of 12 August 1949...(Protocol I) (art. 91)' - IHL instrument."}]},{"id":"cedaw-c-gc-30-add-1-0030","docId":"cedaw-c-gc-30-add-1","idx":30,"n":30,"text":"30. Reparations may take the form of restitution, compensation, rehabilitation, satisfaction or guarantees of non-repetition and may be awarded individually or in combination. Under article 34 of the articles on responsibility of States for internationally wrongful acts, reparations are identified as duties distinct from criminal punishment. Guarantees of non-repetition include public apologies, official acknowledgement of facts, memorialization, commemoration of victims and integration of human rights into pedagogy.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Reparations"],"citedArticles":[{"treaty":"CEDAW","article":"34","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0031","docId":"cedaw-c-gc-30-add-1","idx":31,"n":31,"text":"31. The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law inform understanding of State responsibility in relation to post-conflict delivery of justice to victims, including effective access to justice and effective remedies to victims, including reparation. Gender-appropriate legal processes should avoid retraumatization and accommodate the needs of women facing intersecting forms of discrimination to ensure the provision of inclusive, effective remedies. States should reinforce the justice and reparations nexus set out in Security Council resolution 1888 (2009), while taking note that, in resolution 2106 (2013), the Council urges support for survivors and, in resolutions 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010) and 2122 (2013), it underscores legal assistance, responsiveness to victims and judicial capacity. Both restitutive and restorative justice are survivor-centred.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Reparations"]},{"id":"cedaw-c-gc-30-add-1-0032","docId":"cedaw-c-gc-30-add-1","idx":32,"n":32,"text":"32. The reparations order of the International Criminal Court in the case of The Prosecutor v. Dominic Ongwen provides persuasive authority, refining the reparations framework to incorporate an intersectional approach and uphold dignity, nondiscrimination and protection, especially for children born of sexual violence. In addition to physical, moral, material and community harms, in the order, the Court recognized psychological trauma and disruptions to victims’ life trajectories as moral harms. The Court emphasized the principle that reparations must “do no harm” to avoid retraumatization. Weakening of the social fabric – the loss of rituals, customs and culture – is acknowledged as reparable harm and includes collective community-based rehabilitation, educational and stigma-combating programming, and trauma care.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Reparations"]},{"id":"cedaw-c-gc-30-add-1-0033","docId":"cedaw-c-gc-30-add-1","idx":33,"n":33,"text":"33. The shift from victimhood to agency in access to justice is a major focus of the Committee and should animate international and domestic justice systems. The Committee views access to justice, victim protection and rights to remedy as part of the architecture of non-recurrence.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Reparations"]},{"id":"cedaw-c-gc-30-add-1-0034","docId":"cedaw-c-gc-30-add-1","idx":34,"n":34,"text":"34. The preservation of historical memory and the narratives of victims, survivors and witnesses in reconciliation processes are integral to the non-recurrence of conflict. Memorials are often built in the image of men, obscuring the role of women in peacebuilding and the lives of women affected by war. States should address the invisibility of women in public commemoration and advance gender parity in historical memory preservation. Memorialization processes are an expression of reparations and should include feminist narratives, pedagogy and a transformative architecture of tangible and intangible forms of memorialization to signify “never again” to violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Non-recurrence and historical memory"]},{"id":"cedaw-c-gc-30-add-1-0035","docId":"cedaw-c-gc-30-add-1","idx":35,"n":35,"text":"35. United Nations peacekeepers are mandated to protect civilian populations within their capabilities and areas of deployment in a country, thereby strengthening local government capacities to protect. This mandate is significantly undermined by the complicity of peacekeepers in abuses against local women and girls, which constitute violations of international humanitarian law and international human rights law. If allegations arise, under its resolution 2272 (2016), the Security Council calls for the replacement of all military units and/or formed police units in United Nations peacekeeping operations if they are from a different country than that of the operation and if the police- or troop-contributing country fails to take appropriate steps to investigate or hold perpetrators accountable.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Sexual violence by United Nations peacekeepers and aid workers"]},{"id":"cedaw-c-gc-30-add-1-0036","docId":"cedaw-c-gc-30-add-1","idx":36,"n":36,"text":"36. The “inherently unequal power dynamics” between United Nations staff and beneficiaries of assistance are underscored in the Secretary-General’s bulletin on special measures for protection from sexual exploitation and abuse (ST/SGB/2003/13), which prohibits exchanging money, employment, goods or services for sex between United Nations staff and beneficiaries of assistance.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Sexual violence by United Nations peacekeepers and aid workers"]},{"id":"cedaw-c-gc-30-add-1-0037","docId":"cedaw-c-gc-30-add-1","idx":37,"n":37,"text":"37. The Zeid Report (A/59/710) contained recommendations to the Secretary-General on the collective responsibility for preventing sexual exploitation by peacekeeping personnel and the primary responsibility of troop-contributing countries in that regard. In line with the zero-tolerance policy under Security Council resolution 2242 (2015) – which extends to humanitarian aid workers, pursuant to General Assembly resolution 77/193 of 15 December 2022 – the Committee encourages States to address sexual and gender-based violence both by and against aid workers and peacekeepers.","labels":["Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Sexual violence by United Nations peacekeepers and aid workers"]},{"id":"cedaw-c-gc-30-add-1-0038","docId":"cedaw-c-gc-30-add-1","idx":38,"n":38,"text":"38. In its resolution 2475 (2019), the Security Council seeks to establish safeguards for persons with disabilities in armed conflict and calls upon all parties to armed conflict to ensure humanitarian access to all civilians, including those with disabilities. It calls for States to end impunity, ensure justice and include persons with disabilities in peacebuilding and humanitarian efforts. States should uphold the Convention on the Rights of Persons with Disabilities in conflict and ensure accessible reintegration, rehabilitation and psychosocial support for women and girls with disabilities.","labels":["Persons affected by armed conflict","Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Rights of women with disabilities in conflict"]},{"id":"cedaw-c-gc-30-add-1-0039","docId":"cedaw-c-gc-30-add-1","idx":39,"n":39,"text":"39. In its resolution 1265 (1999), the Security Council emphasizes protection of women refugees and their “safe and unhindered access” to humanitarian assistance and “the need for combatants to ensure the safety, security and freedom of movement of United Nations and associated personnel, as well as personnel of international humanitarian organizations”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women refugees and humanitarian assistance"]},{"id":"cedaw-c-gc-30-add-1-0040","docId":"cedaw-c-gc-30-add-1","idx":40,"n":40,"text":"40. In addition, in the UNHCR Handbook for the Protection of Women and Girls, the Office of the United Nations High Commissioner for Refugees recognized the correlation between the protection of women refugees and their participation in assistance-related measures. Existing health services are often inadequate for gender-specific needs: women’s health needs are served mainly in their role as mothers. In many camp settings, the focus of primary healthcare is on maternal health, rather than the full range of healthcare for women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women refugees and humanitarian assistance"]},{"id":"cedaw-c-gc-30-add-1-0041","docId":"cedaw-c-gc-30-add-1","idx":41,"n":41,"text":"41. In its resolution 2171 (2014), the Security Council emphasizes the importance of early warning mechanisms to prevent situations that could result in atrocity crimes, including “genocide, crimes against humanity, war crimes and ethnic cleansing”. It highlights the role of women in conflict prevention, calling for the consideration of gender-related issues in conflict prevention discussions and greater “participation of women at all stages of mediation and post-conflict resolution”. States are guided to recognize gender-specific indicators, such as increases in gender-based violence, bride abduction, child marriage and trafficking, which can constitute early signs of impending conflict and crisis.","labels":["Children","Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Early warning gender indicators of conflict"]},{"id":"cedaw-c-gc-30-add-1-0042","docId":"cedaw-c-gc-30-add-1","idx":42,"n":42,"text":"42. In its resolution 2474 (2019), the Security Council recognizes the impact on families, especially women, of persons reported missing as a result of armed conflict. It highlights the importance of allowing families to know the fate and whereabouts of missing relatives, consistent with applicable international humanitarian law. The consequences of missing persons are distinct for those – often women – who initiate searches for missing relatives and face legal impediments to addressing impunity. Parties to armed conflict must, wherever possible, provide access to information on missing persons, return remains to relatives and abstain from mass removal of graves. Peace agreements should also include continuing searches for missing persons.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Persons reported missing in armed conflict"]},{"id":"cedaw-c-gc-30-add-1-0043","docId":"cedaw-c-gc-30-add-1","idx":43,"n":43,"text":"43. The illicit trade in small arms and light weapons threatens global peace and disproportionately affects women and girls. Small arms and light weapons fuel conflict, forced displacement, sexual assault, domestic abuse, trafficking in persons and farmer-herder conflict. Under the Arms Trade Treaty, States are required to assess gender-based violence risks before authorizing arms transfers or exports; notably, article 7 (4) obliges exporting States Parties to consider the risk of conventional arms “being used to commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children”. This places the responsibility on States to assess and prevent gendered harm caused by the trade in small arms and light weapons, since their proliferation can exacerbate vulnerability to sexual and gender-based violence and pose a barrier to the participation of women in politics.","labels":["Children","Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Illicit trade in small arms and light weapons"],"citedArticles":[{"treaty":"CEDAW","article":"7","paragraph":"4","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0044","docId":"cedaw-c-gc-30-add-1","idx":44,"n":44,"text":"44. In resolutions 2106 (2013) and 2467 (2019), the Security Council explicitly refers to the Arms Trade Treaty, emphasizing the role of arms control in preventing conflict-related sexual and gender-based violence. The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, is the seminal legally binding global instrument to address small arms and light weapons and requires States Parties to criminalize illicit manufacturing and trade.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Illicit trade in small arms and light weapons"]},{"id":"cedaw-c-gc-30-add-1-0045","docId":"cedaw-c-gc-30-add-1","idx":45,"n":45,"text":"45. As seen in the reporting under the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, adopted in 2001, an increasing number of States are integrating gender considerations into national arms control. Regionally, such instruments as the Central African Convention for the Control of Small Arms and Light Weapons, Their Ammunition and All Parts and Components That Can Be Used for Their Manufacture, Repair and Assembly, the Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulation and Trafficking of Small Arms and Light Weapons and the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials affirm that States have a duty to restrict arms trafficking and prevent weapons from entering illicit markets. The Programme of Action complements these frameworks by promoting improved legislation, arms tracing and international cooperation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Illicit trade in small arms and light weapons"]},{"id":"cedaw-c-gc-30-add-1-0046","docId":"cedaw-c-gc-30-add-1","idx":46,"n":46,"text":"46. Despite these commitments, inconsistent enforcement and fragmented regulations across jurisdictions still facilitate the illicit flow of small arms and light weapons. There is therefore an urgent need to strengthen corporate due diligence, harmonize arms control laws and integrate a gender lens into disarmament strategies to address the disproportionate impact of illicit small arms and light weapons on women and vulnerable communities. In this regard, the Committee highlights the report of 2024 of the Secretary-General on women and peace and security (S/2024/671), in which he highlighted Security Council resolutions 2122 (2013) and 2493 (2019) and encouraged States to “better align policies on women peace and security and arms control”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Illicit trade in small arms and light weapons"]},{"id":"cedaw-c-gc-30-add-1-0047","docId":"cedaw-c-gc-30-add-1","idx":47,"n":47,"text":"47. Sustainable Development Goal 16 sets out the commitment to promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. Notably, target 16.3 is aimed at promoting the rule of law at the national and international levels and ensuring equal access to justice for all. States should take note that Goal 16 envisions the effective reduction in corruption, financial crimes and illicit arms flows by 2030. This Goal also highlights the nexus between women and peace and security and small arms and light weapons: “Small arms control converges with the women peace and security agenda on all its four interconnected pillars, namely participation, prevention, protection, and relief and recovery”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Sustainable Development Goal 16 of the 2030 Agenda for Sustainable Development"]},{"id":"cedaw-c-gc-30-add-1-0048","docId":"cedaw-c-gc-30-add-1","idx":48,"n":48,"text":"48. In the United Nations Gender Guidelines for Mine Action Programmes, States are urged to “apply a gender lens as part of a comprehensive and inclusive approach to planning, implementing and monitoring programmes to ensure protection for all and to ensure that ‘no one is left behind’”. In its resolution 1325 (2000), the Security Council emphasizes that the special needs of women and girls must be taken into account in relation to mine clearance. In resolution 2365 (2017), a stand-alone resolution on mine action, the Council calls upon “all parties to armed conflicts to end immediately and definitively any indiscriminate use of explosive devices in violation of international humanitarian law”.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Anti-personnel mines"]},{"id":"cedaw-c-gc-30-add-1-0049","docId":"cedaw-c-gc-30-add-1","idx":49,"n":49,"text":"49. In its resolution 58/22 of 4 April 2025, the Human Rights Council highlighted the importance of mine action in peacekeeping operations and humanitarian responses, calling for international assistance in the care, rehabilitation and reintegration of victims. A central sine qua non of the resolution is its emphasis on the direct and indirect impact of anti-personnel mines on women and girls, especially within the context of intersecting and overlapping forms of discrimination and gender stereotypes. It parallels the goal of the women and peace and security agenda on participation, promoting the engagement of women, including women with disabilities, in mine action programmes.","labels":["Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Anti-personnel mines"]},{"id":"cedaw-c-gc-30-add-1-0050","docId":"cedaw-c-gc-30-add-1","idx":50,"n":50,"text":"50. Through the adoption by the General Assembly of the Global Framework for Through-life Conventional Ammunition Management, States have committed to strengthening transparency in ammunition transfers to prevent gender-based violence. Under the Framework, arms control forums are encouraged to focus on supporting gender perspectives in arms control. In 2024, the Secretary-General stressed that arms transfers serve as early warnings of conflict-related sexual violence and advocating the strengthening of assessment mechanisms. He also called for greater “enforcement of arms embargoes, improved tracing and the upholding of accountability in arms exports with respect to contexts where gender-based violence is prevalent” (S/2024/671, para. 53).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Arms transfers"]},{"id":"cedaw-c-gc-30-add-1-0051","docId":"cedaw-c-gc-30-add-1","idx":51,"n":51,"text":"51. The Convention on Cluster Munitions includes reference to the need for gender-sensitive victim assistance. In the Lausanne Action Plan, adopted at the Second Review Conference of the Convention on Cluster Munitions, States undertook to: promote inclusive and gender-balanced participation in implementation activities; integrate gender and diversity considerations into clearance operations; collect and analyse disaggregated data to guide educational initiatives; and ensure that victim assistance efforts are tailored to age-, gender- and disability-specific needs.","labels":["Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Arms transfers"]},{"id":"cedaw-c-gc-30-add-1-0052","docId":"cedaw-c-gc-30-add-1","idx":52,"n":52,"text":"52. According to the commentary of 2017 on common article 1 of the Geneva Conventions of 12 August 1949,[[fn:9]] High Contracting Parties are required “to refrain from transferring weapons if there is an expectation…that such weapons would be used to violate the Conventions”. This mirrors article 6 (3) of the Arms Trade Treaty, which prohibits the authorization of arms transfers on the same basis. States should consider these normative determinations aimed at preventing conflict-related sexual and gender-based violence arising from the trade in small arms and light weapons. At the Fifth Conference of States Parties to the Arms Trade Treaty in 2019, States Parties agreed to strive for gender balance in their delegations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":9,"text":"See https://ihl-databases.icrc.org/en/ihl-treaties/gcii-1949/article-1/commentary/2017#_ Toc444869293."}],"section":["Arms transfers"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'common article 1 of the Geneva Conventions of 12 August 1949' - IHL, not in scope."},{"article":"6","paragraph":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 6 (3) of the Arms Trade Treaty' - not an in-scope UN human rights treaty."}]},{"id":"cedaw-c-gc-30-add-1-0053","docId":"cedaw-c-gc-30-add-1","idx":53,"n":53,"text":"53. States should recognize the emphasis in Security Council resolution 2467 (2019) on the nexus between the arms trade and gender-based violence: “exporting States Parties shall take into account the risk of covered conventional arms…being used to commit or facilitate serious acts of gender-based violence…against women and children”. Read with Security Council resolution 2467 (2019), resolution 1820 (2008) provides an accountability paradigm that can be expanded to cover all parties to armed conflict, including States that are indirectly funding gender-based violence through trade in arms or conflict minerals. States are encouraged to better align their policies with the women and peace and security agenda and prioritize the participation of women in arms control, given that “less than one quarter of the 110 national action plans on women and peace and security include references to disarmament and arms control actions in the monitoring framework” (S/2024/671, para. 54).","labels":["Children","Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Arms transfers"]},{"id":"cedaw-c-gc-30-add-1-0054","docId":"cedaw-c-gc-30-add-1","idx":54,"n":54,"text":"54. Attacks on women and girl human rights defenders, peace activists, environmental rights defenders and student activists not only violate fundamental rights protected under international human rights law but also shrink civic space and erode the prospects for sustainable peace and inclusive conflict resolution. Under the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, all individuals, including students, have the right to promote and protect human rights without fear of retaliation. Under article 12 thereof, States are called upon to safeguard all human rights defenders, including from violence, threats, retaliation and discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women human rights defenders"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0055","docId":"cedaw-c-gc-30-add-1","idx":55,"n":55,"text":"55. Complementing these norms, in general recommendation No. 30, the Committee emphasizes the importance of protecting women human rights defenders in conflict and post-conflict settings, while its general recommendation No. 40 is aimed at ensuring the equal participation of women in all areas of public life, including activism.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women human rights defenders"]},{"id":"cedaw-c-gc-30-add-1-0056","docId":"cedaw-c-gc-30-add-1","idx":56,"n":56,"text":"56. The role of students in climate change and peace activism has created a forward-looking, long-term and systemic approach to justice. In its resolution 2419 (2018), the Security Council recognizes the intersection between women and peace and security and youth and peace and security and the importance of the leadership of young women in peacebuilding. In resolutions 2250 (2015), 2419 (2018) and 2535 (2020), the Council recognizes the contribution of youth to conflict prevention and resolution, and in 2419 (2018), it calls for “particular attention to the inclusion of young women”. In his report of 2024 on youth and peace and security, the Secretary-General identifies issues such as the surge in “digital threats and armed conflicts and the shrinking of civic space” as posing “serious protection concerns for young people” (S/2024/207, summary). The Office of the United Nations High Commissioner for Human Rights has warned against Internet shutdowns and digital blackouts during civil strife.[[fn:10]]","labels":["Adolescents","Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":10,"text":"See https://news.un.org/en/story/2026/01/1166813."}],"section":["Women human rights defenders"]},{"id":"cedaw-c-gc-30-add-1-0057","docId":"cedaw-c-gc-30-add-1","idx":57,"n":57,"text":"57. The High Contracting Parties to the Convention for the Protection of Cultural Property in the Event of Armed Conflict should refrain from any act of hostility against historical monuments, works of art or places of worship constituting peoples’ cultural or spiritual heritage.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Destruction of cultural heritage"]},{"id":"cedaw-c-gc-30-add-1-0058","docId":"cedaw-c-gc-30-add-1","idx":58,"n":58,"text":"58. In its resolution 2347 (2017), the Security Council condemned the unlawful destruction of cultural heritage and the looting and smuggling of cultural property from archaeological sites, museums, libraries, archives and other sites by terrorists and violent extremists. The destruction of cultural property with discriminatory intent can be charged as a crime against humanity, and the intentional destruction of cultural and religious property and symbols can be considered evidence of intent to destroy a group under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). In many cultures, women serve as transgenerational custodians of tangible and intangible cultural heritage. While attacks on culture can be based on misogyny, women’s and girls’ rights may be subordinated to a patriarchal interpretation of culture. Women cultural rights defenders should be entitled to reclaim the interpretation of culture in the full exercise of their rights to participate in and protect cultural life without discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Destruction of cultural heritage"]},{"id":"cedaw-c-gc-30-add-1-0059","docId":"cedaw-c-gc-30-add-1","idx":59,"n":59,"text":"59. While extractive industries pose a risk to fragile industries and non-renewable natural resources, such as oil, gas, minerals and timber, they also have deeply gendered impacts, such as sexual violence against and the displacement or exploitation of women in mining communities. States and transnational and national corporations must monitor and combat the gendered harms of extractive industries.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Conflict minerals and extractive industries"]},{"id":"cedaw-c-gc-30-add-1-0060","docId":"cedaw-c-gc-30-add-1","idx":60,"n":60,"text":"60. In its resolution 2467 (2019), the Security Council highlights the link between conflict-related sexual violence and the illicit trade in natural resources, including conflict minerals. It recognizes the need for private sector actors to ensure that proceeds from materials acquired for their production processes do not fund armed groups that perpetuate conflict and sexual violence in conflict and post-conflict situations and “reiterates its demand for the complete cessation with immediate effect by all parties to armed conflict of all acts of sexual violence and its call for these parties to make and implement specific time-bound commitments to combat sexual violence”.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Conflict minerals and extractive industries"]},{"id":"cedaw-c-gc-30-add-1-0061","docId":"cedaw-c-gc-30-add-1","idx":61,"n":61,"text":"61. The use of food insecurity and starvation as deliberate methods of warfare are recurring challenges in modern conflicts that disproportionately affect women and children. In conflict zones, women – as primary caregivers – are especially vulnerable, often risking sexual violence while seeking food for their families. The deliberate targeting of crops, water sources and food markets exacerbates these conditions, pushing already-fragile communities towards famine. The consequences of such deprivation are structural, not merely temporal; they ripple into long-term health crises and increased maternal mortality.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Starvation as a method of warfare"]},{"id":"cedaw-c-gc-30-add-1-0062","docId":"cedaw-c-gc-30-add-1","idx":62,"n":62,"text":"62. States must take note of the preamble to the Convention on the Elimination of All Forms of Discrimination against Women, wherein the concern is expressed that “in situations of poverty women have the least access to food, health, education, training and opportunities for employment and other needs”. Under article 14 (2) (h), States are required to ensure that women enjoy adequate living conditions. According to the World Food Programme, nearly 60% of those facing severe hunger are women and girls.[[fn:11]]","labels":["Persons living in poverty","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":11,"text":"See https://wfpusa.org/work/people/women/."}],"section":["Starvation as a method of warfare"],"citedArticles":[{"treaty":"CEDAW","article":"14","paragraph":"2","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0063","docId":"cedaw-c-gc-30-add-1","idx":63,"n":63,"text":"63. The adoption of resolution 2417 (2018) marked the first time that the Security Council acknowledged the link between hunger and conflict. It affirmed that intentionally depriving civilians of food – whether through attacks on agricultural infrastructure or denial of humanitarian aid – constitutes a method of warfare under international humanitarian law, reinforcing article 54, on the prohibition of starvation as a method of war, in Protocol I Additional to the Geneva Conventions of 1949.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Starvation as a method of warfare"],"citedArticles":[{"article":"54","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 54...in Protocol I Additional to the Geneva Conventions of 1949' - IHL, not in scope."}]},{"id":"cedaw-c-gc-30-add-1-0064","docId":"cedaw-c-gc-30-add-1","idx":64,"n":64,"text":"64. The deliberate denial of access to food and water is abhorrent and violates international human rights law and international humanitarian law concerning the protection of civilians in times of war. The Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of NonInternational Armed Conflicts (Protocol II) prohibits attacks on objects indispensable to civilian survival (art. 14) and reads: “if the civilian population is suffering…owing to a lack of the supplies essential for its survival…, relief actions…shall be undertaken”, under certain conditions (art. 18). In the Genocide Convention, the definition of genocide includes “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”. This is reinforced in the Rome Statute through article 8 (2) (b) (xxv), which criminalizes using starvation as a method of warfare, encompassing the deprivation of foodstuffs, water and other objects essential for civilian survival.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Starvation as a method of warfare"],"citedArticles":[{"article":"14","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Protocol II...prohibits attacks on objects indispensable to civilian survival (art. 14)' - IHL, not in scope."},{"article":"18","treaty":"?","confidence":"high","source":"opus","rationale":"Text says '...under certain conditions (art. 18)' within the same Protocol II discussion - IHL, not in scope."},{"article":"8","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Rome Statute through article 8 (2) (b) (xxv)' - not an in-scope UN human rights treaty."}]},{"id":"cedaw-c-gc-30-add-1-0065","docId":"cedaw-c-gc-30-add-1","idx":65,"n":65,"text":"65. In its resolution 2730 (2024), the Security Council condemns the “unlawful denial of humanitarian access and depriving civilians of objects indispensable to their survival, which impede relief supplies and access for responses to conflict-induced food insecurity in situations of armed conflict”. It considers that such acts may constitute violations of international humanitarian law. It recalls Protocol I Additional to the Geneva Conventions of 1949, which prohibits starvation of civilians as a method of warfare and protects objects “indispensable to the survival” of civilians. Under Protocol I, “indispensable objects” are defined “as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works”. States should note that customary international humanitarian law mandates that parties to conflict must allow and facilitate the rapid, unimpeded passage of humanitarian aid to civilians in need, subject to their right of control (rule 55). The United Nations Population Fund considers access to menstrual health products to be indispensable for survival in times of conflict.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Denial of humanitarian access and impeded access to humanitarian aid"]},{"id":"cedaw-c-gc-30-add-1-0066","docId":"cedaw-c-gc-30-add-1","idx":66,"n":66,"text":"In its resolutions 1502 (2003) and 2175 (2014), the Security Council re-emphasized the safety and security of humanitarian personnel in the coordination of humanitarian emergency assistance. Attacks against healthcare workers, including nurses, are repugnant under international humanitarian law.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Denial of humanitarian access and impeded access to humanitarian aid"]},{"id":"cedaw-c-gc-30-add-1-0067","docId":"cedaw-c-gc-30-add-1","idx":67,"n":67,"text":"67. Under the Fourth Geneva Convention and Protocol I Additional to the Geneva Conventions of 1949, refugees and stateless persons are “protected persons”. All noncombatants, regardless of nationality, are covered by all provisions of humanitarian law applicable to civilians in wartime (Protocol I, arts. 50 and 73). This protection applies regardless of refugee or displacement status. The Fourth Geneva Convention expressly prohibits the forcible transfer of civilians from their own territory, regardless of motive: “individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited” (art. 49). The Genocide Convention identifies “forcibly transferring children of the group to another group” as an act of genocide. The transfer of children, including girls, highlights the gendered dimension of the crime of genocide.","labels":["Children","Non-citizens and stateless","Persons affected by armed conflict","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Mass forcible transfers"],"citedArticles":[{"article":"49","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Fourth Geneva Convention expressly prohibits...(art. 49)' - IHL, not in scope."}]},{"id":"cedaw-c-gc-30-add-1-0068","docId":"cedaw-c-gc-30-add-1","idx":68,"n":68,"text":"68. In its resolutions on women and peace and security, the Security Council notes that gender inequalities often worsen during forced displacement, when exposure to gender-based violence increases and access to resources decreases. In general recommendation No. 30 and the Guiding Principles on Internal Displacement of 1998, it is warned that forcible transfer disrupts families and kinship networks, creating new risks for women and girls, in particular for expectant mothers, women heads of household, older women and women with disabilities. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted in 2000, also highlights the trafficking risks that displaced women and girls face. Peace treaties should clarify the prevention of mass forcible transfers and empower women decision makers.","labels":["Children","Internally displaced persons","Persons affected by armed conflict","Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Mass forcible transfers"]},{"id":"cedaw-c-gc-30-add-1-0069","docId":"cedaw-c-gc-30-add-1","idx":69,"n":69,"text":"69. The cardinal international humanitarian law principles of distinction, proportionality and precaution require parties to armed conflict to “at all times distinguish between the civilian population and combatants and between civilian objects and military objectives” (Protocol I Additional to the Geneva Conventions of 1949, art. 48). Pursuant to article 56 of the Fourth Geneva Convention, occupying Powers, with national and local cooperation, must maintain medical and public health services and combat the spread of contagious diseases. In 2016, the Security Council unanimously adopted the first resolution on healthcare in armed conflict, noting that intentional attacks against hospitals and medical personnel are violations of humanitarian law (see resolution 2286 (2016)). It also called for unimpeded passage for medical and humanitarian personnel exclusively engaged in medical duties and their equipment and medicine to all people in need.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Threats to reproductive rights and healthcare in armed conflict"],"citedArticles":[{"article":"48","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Protocol I Additional to the Geneva Conventions of 1949, art. 48' - IHL, not in scope."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Pursuant to article 56 of the Fourth Geneva Convention' - IHL, not in scope."}]},{"id":"cedaw-c-gc-30-add-1-0070","docId":"cedaw-c-gc-30-add-1","idx":70,"n":70,"text":"70. In line with Security Council resolution 2286 (2016), medical personnel should engage in their duties with “moral independence, compassion and respect for human dignity”. In one report by a United Nations independent international commission of inquiry addressing deliberate attacks on sexual and reproductive healthcare facilities, “reproductive violence” was defined as a distinct form of gender-based violence targeting autonomy and reproductive capacity through harmful acts or omissions. The commission of inquiry indicated that such violence is prohibited under the Convention on the Elimination of All Forms of Discrimination against Women. The Genocide Convention identifies “measures intended to prevent births within the group” as an act of genocide.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Threats to reproductive rights and healthcare in armed conflict"]},{"id":"cedaw-c-gc-30-add-1-0071","docId":"cedaw-c-gc-30-add-1","idx":71,"n":71,"text":"71. In general recommendation No. 30, the Committee calls for a national response to gender-based violence and HIV, in line with Security Council resolution 2106 (2013). States are urged to provide non-discriminatory reproductive health services. In its resolution 2122 (2013), the Council calls for the provision of the full range of services to women affected by armed conflict, including health services to address pregnancies resulting from rape.","labels":["Persons affected by armed conflict","Persons living with HIV/AIDS","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Threats to reproductive rights and healthcare in armed conflict"]},{"id":"cedaw-c-gc-30-add-1-0072","docId":"cedaw-c-gc-30-add-1","idx":72,"n":72,"text":"72. Mental health and psychosocial services in humanitarian responses and emergency care services in conflict and post-conflict situations were endorsed by States in their statements made during the Arria-formula meeting of the Security Council held on 25 March 2022 on the theme “Ensuring access to mental health and psychosocial support in conflict, post-conflict and humanitarian settings” (see A/76/854-S/2022/456). In line with Council resolution 1889 (2009), States must be encouraged to provide access to mental health services, along with sexual and reproductive health and reproductive rights services.","labels":["Persons affected by armed conflict","Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Threats to reproductive rights and healthcare in armed conflict"]},{"id":"cedaw-c-gc-30-add-1-0073","docId":"cedaw-c-gc-30-add-1","idx":73,"n":73,"text":"73. In its resolution 2565 (2021), the Security Council recognized that armed conflicts and pandemics can exacerbate each other. It emphasized the need for “international collaboration…, in particular by enabling equitable global access to quality, safe, efficacious and affordable diagnostics, therapeutics, medicines and vaccines, and essential health technologies”. While in general recommendation No. 30, the Committee references “situations of concern” and “states of emergency”, States should note that, in general recommendation No. 40, it specifically highlights pandemics and emphasizes the nexus between the women and peace and security agenda and women’s leadership in pandemic avoidance.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Pandemics and states of emergency"]},{"id":"cedaw-c-gc-30-add-1-0074","docId":"cedaw-c-gc-30-add-1","idx":74,"n":74,"text":"74. Terrorism and violent extremism affect the human rights of women and girls, including their health, education and participation in public life. Extremist groups frequently exploit harmful hypermasculine norms in their discourse and recruitment of women and girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Countering and preventing violent extremism"]},{"id":"cedaw-c-gc-30-add-1-0075","docId":"cedaw-c-gc-30-add-1","idx":75,"n":75,"text":"75. In its resolution 2242 (2015), the Security Council calls for the greater integration of the women and peace and security agenda in efforts to counter violent extremism, and advocates evidence-based policy on the participation of women in counter-terrorism strategies and data collection to measure the way in which such strategies affect women’s human rights and women’s organizations","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Countering and preventing violent extremism"]},{"id":"cedaw-c-gc-30-add-1-0076","docId":"cedaw-c-gc-30-add-1","idx":76,"n":76,"text":"76. In the same resolution, the Security Council also expresses its intention to invite women’s organizations to brief the Council on country-specific situations and relevant thematic areas and reiterates the importance of engagement by men and boys as partners in promoting the participation of women in peace processes. While gender equality in the community and a gender perspective in security can help to prevent violent extremism, efforts to engage women and women’s organizations in prevention of violent extremism activities can risk essentializing and instrumentalizing women in the overmilitarization of the State. States should avoid gender, racial, ethnic and religious profiling and reproducing stereotypes that may inform violent narratives. Inclusive strategies to prevent violent extremism should be developed in consultation and collaboration with women’s organizations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Countering and preventing violent extremism"]},{"id":"cedaw-c-gc-30-add-1-0077","docId":"cedaw-c-gc-30-add-1","idx":77,"n":77,"text":"77. Educational violence can be understood as the deliberate denial of education, manifested through school closures for women and girls, attacks on schools, militarization of educational institutions and exclusionary policies targeting women and girls, including the systematic erasure of women’s education and access to learning and knowledge, in violation of their intellectual autonomy and empowerment. Pursuant to Committee on Economic, Social and Cultural Rights general comment No. 13 (1999) on the right to education and Committee on the Elimination of Discrimination against Women general recommendation No. 36 (2017) on the right of girls and women to education, education is an “empowerment right” that is indivisible from other rights. In its resolution 2601 (2021), the seminal resolution safeguarding education in conflict, the Security Council emphasizes alarming rises in such attacks, noting their insidious implications for global peace and security. While girls’ education serves to reduce the prevalence of child marriage during conflict, gender-sensitive peace education and academic independence are conflict prevention tools.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Educational violence"]},{"id":"cedaw-c-gc-30-add-1-0078","docId":"cedaw-c-gc-30-add-1","idx":78,"n":78,"text":"78. Attacks on girls’ schools and the deliberate, widespread denial of girls’ and women’s education on gender grounds constitute violations of the right to equal education under the Convention on the Elimination of All Forms of Discrimination against Women and, in situations of armed conflict may amount to violations of international humanitarian law as set out in the Geneva Conventions of 12 August 1949. Conflict-related educational violence as a systemic form of gender discrimination may be tantamount to a crime against humanity, specifically persecution on gender grounds. According to article 7 (2) (g) of the Rome Statute, “persecution” includes the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity.","labels":["Persons affected by armed conflict","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Educational violence"],"citedArticles":[{"article":"7","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 7 (2) (g) of the Rome Statute' - not an in-scope UN human rights treaty."}]},{"id":"cedaw-c-gc-30-add-1-0079","docId":"cedaw-c-gc-30-add-1","idx":79,"n":79,"text":"79. The Safe Schools Declaration of 2015 contains a call for safeguards against military use of educational facilities and the investigation and prosecution of such violations. In its resolution 2601 (2021), the Security Council expresses grave concern about parties to conflict continuing “to violate with impunity the relevant provisions of applicable international law”, including “attacks on schools and their infrastructure”, the “abduction of children”, especially girls, and the “use of schools for military purposes”. States should note that, in resolution 2601 (2021), the Council emphasizes risks posed to girls due to attacks on schools and sexual violence at school or on the way to and from school. Schools are a powerful symbol of human dignity, and women and girls are often denied access to them as a tool of warfare.","labels":["Children","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Safeguarding schools in conflict"]},{"id":"cedaw-c-gc-30-add-1-0080","docId":"cedaw-c-gc-30-add-1","idx":80,"n":80,"text":"80. In July 2025, the International Criminal Court issued warrants of arrest against leaders of the Taliban, representing the first time that the Prosecutor had charged the crime of gender persecution on its own. The Court maintains that there are reasonable grounds to believe that there exists a crime against humanity under article 7 (1) (h) of the Rome Statute of persecution on the basis of gender, targeting not only women and girls but also those perceived as their allies. This opens the door for gender persecution as a stand-alone charge in the fight against impunity. To create full accountability for gender-based crimes, in general recommendation No. 40, the Committee recognizes the codification of the crime of “gender apartheid” as being crucial.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Persecution based on gender"],"citedArticles":[{"treaty":"CEDAW","article":"7","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0081","docId":"cedaw-c-gc-30-add-1","idx":81,"n":81,"text":"81. The AI revolution and digital transformation are reshaping the global landscape of conflict. The Committee acknowledges that technology offers critical gender empowerment tools in conflict, including for tracking early warning signs of conflict and documenting violence – for example, using pattern recognition to identify trafficking in women and gathering forensic evidence on sexual violence – via data analysis and digital forensics.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0082","docId":"cedaw-c-gc-30-add-1","idx":82,"n":82,"text":"82. A new and widening chasm – the algorithmic divide – threatens global gender equity. Women lacking access to AI systems and data governance may be excluded from post-conflict reconstruction and security. This divide is particularly acute when electricity, water, Internet access, mobile penetration, algorithmic infrastructure and computational resources for women are limited. An efflorescence of new global norms on AI is useful in addressing gendered asymmetries in conflict prevention. In the Global Digital Compact, adopted by the General Assembly in 2024 (resolution 79/1, annex I), Member States undertook a commitment to data privacy and security and data governance. In its resolution 78/265 of 21 March 2024, entitled “Seizing the opportunities of safe, secure and trustworthy artificial intelligence systems for sustainable development”, the Assembly emphasizes the importance of protecting human rights, ensuring the “governance of safe, secure and trustworthy artificial intelligence systems” and “mitigating bias encoded in data sets and otherwise combating algorithmic discrimination” and “resolves to bridge the artificial intelligence and other digital divides between and within countries”, while ensuring that technology transfers benefit all in accelerating the achievement of the Sustainable Development Goals.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0083","docId":"cedaw-c-gc-30-add-1","idx":83,"n":83,"text":"83. Technology-facilitated violence against women and girls continues to spawn new and pervasive forms of violence, such as non-consensual intimate image-sharing, doxing, cybertrafficking, sextortion and deepfakes. Digital platforms are also exploited by the manosphere to spread gendered disinformation and fake news before, during and after conflict. Targeted hate speech can have a chilling effect on the participation of women in peacebuilding, and cyberviolence – particularly attacks on women political leaders in times of crisis – necessitates gender-responsive action and compliance with due diligence obligations by technology platforms and businesses. Human Rights Council resolution 49/21 and the report of 2023 of the Special Rapporteur on freedom of the promotion and protection of the right to freedom of opinion and expression (A/78/288) illuminate the role of gender in relation to misinformation, which is often magnified during conflict and emergencies, and specifically highlight the targeting of women leaders, human rights defenders, including defenders of the rights of lesbian, bisexual, transgender and intersex women, and women journalists.","labels":["LGBTI+","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Online violence facilitated by artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0084","docId":"cedaw-c-gc-30-add-1","idx":84,"n":84,"text":"84. AI-fuelled digital violence is rapidly shapeshifting. From synthetic media to virtual reality, gender-based violence is emerging in unanticipated forms, paralleling real-world gender-based violence. Cyberspace can also serve as a platform for cybercrimes to target, traffic and abduct women for terrorist purposes. For example, Da’esh, Boko Haram and other groups use social media platforms, including videos, blogs and social media messaging, to recruit young girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Online violence facilitated by artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0085","docId":"cedaw-c-gc-30-add-1","idx":85,"n":85,"text":"85. Cyberscams and cybercrimes cause global disruption, affecting the most vulnerable, including older women. The Global Anti-Scam Alliance estimates that global scam losses amount to over $1 trillion annually. Data breaches, distributed denial of service, spyware, ransomware and malware have a differential impact on women’s mobile telephone use and connectivity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Online violence facilitated by artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0086","docId":"cedaw-c-gc-30-add-1","idx":86,"n":86,"text":"86. The Committee calls for regulatory frameworks and relies on the bedrock of its general recommendations, including general recommendation No. 35, in which it established that gender-based violence “manifests in…technology-mediated settings and in the contemporary globalized world it transcends national boundaries”; general recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration, in which it highlighted the use of digital technology for trafficking; and general recommendation No. 40, in which it alerted States to “emerging security threats caused by new technologies”. In the light of the continuum of gender-based violence before, during and after conflict, gender asymmetry in the AI workforce may be a root cause of an explosion of technology-facilitated violence against women and girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Online violence facilitated by artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0087","docId":"cedaw-c-gc-30-add-1","idx":87,"n":87,"text":"87. Cyberspace is a growing borderless battleground. As AI introduces a new era, unpredictable risks emerge, especially in warfare. Abusers exploit AI-generated content and chatbots to refine tactics. Facial mapping, virtual reality and generative tools misrepresent conflict. AI-facilitated surveillance tools and AI-generated media images can augment tools of war.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Artificial intelligence in warfare"]},{"id":"cedaw-c-gc-30-add-1-0088","docId":"cedaw-c-gc-30-add-1","idx":88,"n":88,"text":"88. In his policy brief on A New Agenda for Peace, the Secretary-General highlights the dangers of unregulated military technology, including the weaponization of applications of digital technologies. The use of AI to make targeting decisions for drones and lethal autonomous weapon systems raises concerns over embedded gender bias. Algorithms are only as reliable as the data used to train them. AI systems require massive data sets, and numerous studies unmask gender biases in the data and gender asymmetry of system designers. Consequences of encoded bias are heightened in military applications and could expose women to distinct risks. Integrating new technologies in warfare could magnify gendered biases. Large language models and machine learning systems may rely on historically biased training data, leading to the potential miscategorization of targets and the misidentification of women in conflict zones. In both present and foreseeable conflicts, machines are increasingly poised to make autonomous decisions with lethal consequences, raising profound legal, ethical and humanitarian concerns.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Artificial intelligence in warfare"]},{"id":"cedaw-c-gc-30-add-1-0089","docId":"cedaw-c-gc-30-add-1","idx":89,"n":89,"text":"89. The Secretary-General has called for the negotiation of a legally binding treaty to prohibit and regulate lethal autonomous weapon systems by 2026. The General Assembly has expressed concern over the military use of AI, citing the potential for gendered harms arising from historically biased data sets and algorithmic discrimination in the development and deployment of lethal autonomous weapon systems (see resolution 80/57 of 1 December 2025). In their submissions to the Secretary-General for his report of 2024 on such systems (A/79/88), several States highlighted that the consequences of bias in machine learning can be amplified in war, resulting in the unintentional targeting of women civilians, and that the development of lethal autonomous weapon systems must comply with the international humanitarian law principles of distinction, proportionality and precaution.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Artificial intelligence in warfare"]},{"id":"cedaw-c-gc-30-add-1-0090","docId":"cedaw-c-gc-30-add-1","idx":90,"n":90,"text":"90. Sounding the alarm on nuclear armament, the Secretary-General has warned that “humanity is on a knife’s edge”.[[fn:12]] Nuclear weapons pose distinct, compounded and disproportionate threats to women and girls, especially in conflict and its aftermath. Pregnant women exposed to radiation face higher rates of maternal mortality, stillbirth and children born with congenital disabilities. The preamble to the Convention on the Elimination of All Forms of Discrimination against Women includes a call for “general and complete disarmament, in particular nuclear disarmament under strict and effective international control”.","labels":["Children","Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":12,"text":"See www.armscontrol.org/act/2024-07/features/un-chief-says-humanity-nuclear-knifes-edge."}],"section":["Nuclear weapons"]},{"id":"cedaw-c-gc-30-add-1-0091","docId":"cedaw-c-gc-30-add-1","idx":91,"n":91,"text":"91. The Treaty on the Non-Proliferation of Nuclear Weapons is the bedrock of the global nuclear non-proliferation regime, aiming to pursue non-proliferation, disarmament and the peaceful uses of nuclear energy. It was the first gender-sensitive international nuclear agreement as it contained recognition of the disproportionate gendered effects of radiation and the physical and psychological toll of nuclear production and testing on women and girls. The expiration of strategic arms reduction treaties and the mounting global rush for new arms mark a grave moment for women and peace and security. In addressing the threat of nuclear conflict, the Committee calls for the equal representation of women in negotiating successor frameworks and dialogue among nuclear powers.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Nuclear weapons"]},{"id":"cedaw-c-gc-30-add-1-0092","docId":"cedaw-c-gc-30-add-1","idx":92,"n":92,"text":"92. Climate change exacerbates existing inequality and has a disproportionate impact on women and girls. Following climate disasters, risks of gender-based violence, including child marriage, intensify. Climate change may increase the risk of conflict “in contexts marked by low economic development, high economic dependence on climate-sensitive activities, high or increasing social marginalization and fragile governance” (Climate Change 2022: Impacts, Adaptation and Vulnerability, technical summary). In general recommendation No. 40, the Committee highlights the role of women in combating newly emerging threats, such as climate emergencies, and, in general recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change, the Committee provides significant guidance for linking climate change to structural gender inequality and justice, and centres women as climate leaders rather than merely victims.","labels":["Children","Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0093","docId":"cedaw-c-gc-30-add-1","idx":93,"n":93,"text":"93. The full and equal participation of women in every aspect and at every level of climate policymaking is essential to achieving long-term climate goals. Under the United Nations Framework Convention on Climate Change, over 80 gender-related decisions have been adopted. At the seventh session of the Conference of the Parties to the United Nations Framework Convention on Climate Change, in 2001, States agreed to pursue gender equality in their work under the Framework Convention and the Kyoto Protocol thereto. In 2017, at the twenty-third session of the Conference of the Parties, States adopted the first gender action plan to embed gender-responsiveness at all levels of climate policy. The Lima work programme on gender was subsequently adopted to support gender-responsive climate policy; and, at the twenty-fifth Conference of the Parties, an enhanced programme was adopted: the Belém gender action plan.","labels":["Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0094","docId":"cedaw-c-gc-30-add-1","idx":94,"n":94,"text":"94. In the Convention on Biological Diversity, the vital role that women play in conservation is recognized. The United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, contains a reference to “the important role played by women in regions affected by desertification and/or drought, particularly in rural areas of developing countries, and the importance of ensuring the full participation of both men and women at all levels in programmes to combat desertification and mitigate the effects of drought”. One of the aims of the Strategic Plan 2025–2034 of the Convention on Wetlands of International Importance especially as Waterfowl Habitat is to ensure the full, equitable, inclusive, effective and gender-responsive representation of and participation by women and girls in wetland biodiversity decision-making. As to the Paris Agreement, States should “consider their respective obligations on human rights,…the rights of Indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity”. Under the Agreement, Parties must recognize the importance of approaches involving, “inter alia, mitigation, adaptation, finance, technology transfer and capacity-building”, while enhancing private sector participation in the implementation of nationally determined contributions. States should also take into consideration the disproportionate impacts of climate change on women when developing mitigation and adaptation initiatives and gender-responsive climate finance goals under their respective nationally determined contributions.","labels":["Children","Persons affected by natural disasters","Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0095","docId":"cedaw-c-gc-30-add-1","idx":95,"n":95,"text":"95. In 2023, the General Assembly adopted resolution 77/276 of 29 March requesting an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change, including with regard to protection from anthropogenic greenhouse gas emissions and the legal consequences for causing significant harm to the climate system and other parts of the environment. In its advisory opinion of 23 July 2025, the International Court of Justice characterized climate change as an “existential threat”, affirmed States’ responsibility to protect the environment and highlighted general recommendation No. 37, which serves, along with other fundamental norms, including international climate treaties, customary international law and international human rights law, to safeguard the environment and “intergenerational equity”. In a statement, the Secretary-General heralded the opinion as “the power of young people to make a difference”.[[fn:13]]","labels":["Adolescents","Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":13,"text":"See www.un.org/sg/en/content/sg/statements/2025-07-23/secretary-generals-message-the-advisory-opinion-of-the-international-court-of-justice."}],"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0096","docId":"cedaw-c-gc-30-add-1","idx":96,"n":96,"text":"96. In its advisory opinion of 21 May 2024, the International Tribunal for the Law of the Sea addressed due diligence obligations of States in relation to sea level rise, which has a disparate impact on women. The United Nations Convention on the Law of the Sea lays out the applicable legal framework to address deep-sea mining, piracy and armed robbery at sea, as women environmental defenders and Indigenous women in the blue economy face security threats that should be addressed through the Convention’s rights-based approach. Domestic maritime policy should establish the vital role of women in contemporary maritime security.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0097","docId":"cedaw-c-gc-30-add-1","idx":97,"n":97,"text":"97. In its resolutions 2242 (2015) and 2282 (2016), the Security Council recognized the link between inclusive sustainable development and lasting peace, pointing to underlying causes of conflict: poverty, environmental stress and gender inequality. In its resolution 2282 (2016), the Council identified anti-poverty efforts as a key determinant of effective conflict prevention strategies. The feminization of poverty is both a cause and consequence of conflict. Climate security and peacebuilding are inclusive processes and should be aimed at preventing conflict and complementing the overall economic empowerment of women.","labels":["Persons living in poverty","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0098","docId":"cedaw-c-gc-30-add-1","idx":98,"n":98,"text":"98. The private sector should assume shared responsibility in peacebuilding through the pursuit of gender-responsive economic security, sustainability, empowerment (through the United Nations Global Compact) and human rights due diligence (through the Guiding Principles on Business and Human Rights).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0099","docId":"cedaw-c-gc-30-add-1","idx":99,"n":99,"text":"99. In the United Nations Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes, it is recognized that cybercrime is changing the face of organized crime and a range of cyber-dependent crimes are identified (terrorism, financial crimes and smuggling), including cyber-enabled gender-based crimes, such as cybertrafficking, the non-consensual dissemination of images and grooming for the purpose of committing a sexual offence against a child.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Transnational organized crimes and drug trafficking"]},{"id":"cedaw-c-gc-30-add-1-0100","docId":"cedaw-c-gc-30-add-1","idx":100,"n":100,"text":"100. In 2022, United Nations experts called upon the international community to end the so-called “war on drugs” and promote policies rooted in human rights. They noted that: “globally, women are serving prison sentences in relation to drug offences at a much higher rate … than men, despite their often low-level, non-violent and first-time involvement in such crimes”.[[fn:14]] Discriminatory gender stereotyping of women’s “moral” conduct informs sentencing. In her report of 30 April 2024, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health highlighted that the “‘war on drugs’…has added to harms at both the individual and the societal levels through its detrimental consequences” (A/HRC/56/52, para. 33). In 2024, the United Nations High Commissioner for Human Rights emphasized the urgent need for a human rights-based approach to drug regulation: “instead of punitive measures, we need gender-sensitive and evidence-based drug policies, grounded by public health”.[[fn:15]]","labels":["Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":14,"text":"See www.ohchr.org/en/statements-and-speeches/2022/06/end-war-drugs-and-promote-policies-rooted-human-rights-un-experts."},{"n":15,"text":"See https://news.un.org/en/story/2024/12/1157836."}],"section":["Transnational organized crimes and drug trafficking"]},{"id":"cedaw-c-gc-30-add-1-0101","docId":"cedaw-c-gc-30-add-1","idx":101,"n":101,"text":"101. In his report of 23 August 2004 on the rule of law and transitional justice in conflict and post-conflict societies, the Secretary-General acknowledges that “the heightened vulnerability of minorities, women, children, prisoners and detainees, displaced persons, refugees and others, which is evident in all conflict and post-conflict situations, brings an element of urgency to the imperative of restoration of the rule of law” (S/2004/616, para. 2). In his follow-up report of 12 October 2011 on the same topic, he recognizes that United Nations programmes on women’s access to justice have been strengthened through Security Council resolutions 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) (S/2011/634, para. 42). He emphasizes that “transitional justice processes should ensure that the perspectives of women and children are taken into account” (S/2011/634, para. 22).","labels":["Children","Persons affected by armed conflict","Persons deprived of their liberty","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Rule of law and transitional justice in conflict and post- conflict societies"]},{"id":"cedaw-c-gc-30-add-1-0102","docId":"cedaw-c-gc-30-add-1","idx":102,"n":102,"text":"102. Transitional justice mechanisms should cover enforced disappearances, with a focus on their gendered impacts and State responsibility for femicide and other forms of gender-based violence, which correlate with enforced disappearances. The International Convention for the Protection of All Persons from Enforced Disappearance protects children born during their mother’s enforced disappearance.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Rule of law and transitional justice in conflict and post- conflict societies"]},{"id":"cedaw-c-gc-30-add-1-0103","docId":"cedaw-c-gc-30-add-1","idx":103,"n":103,"text":"103. As stated by the Secretary-General in his remarks to the press on the release of the report entitled The Security We Need: Rebalancing Military Spending for a Sustainable and Peaceful Future, in 2025, “the evidence is clear: excessive military spending does not guarantee peace…A more secure world begins by investing at least as much in fighting poverty as we do in fighting wars”.[[fn:16]] As highlighted in the report, in 2024, global military spending reached an all-time high of $2.7 trillion and “each dollar allocated to the military generates more than twice the greenhouse gas emissions of a dollar spent elsewhere”. The rise in military spending is counter to the Beijing Declaration and Platform for Action, in which a call was made to reduce “excessive military expenditures”. A stark reality was highlighted by the Secretary-General in his report of 2023 on women and peace and security: while military spending increases, women’s organizations struggle for resources (S/2023/725, para. 1).","labels":["Persons living in poverty","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":16,"text":"See www.un.org/sg/en/content/sg/press-events/2025-09-09/secretary-generals-remarks-the-press-the-release-of-the-report-the-security-we-need-rebalancing-military-spending-for-sustainable-and-peaceful-future-delivered."}],"section":["Conclusion"]},{"id":"cedaw-c-gc-30-add-1-0104","docId":"cedaw-c-gc-30-add-1","idx":104,"n":104,"text":"104. In his policy brief on A New Agenda for Peace, the Secretary-General acknowledges that institutional weakness, impunity and the spread of arms aggravate the risks of gender-based and sexual violence in conflict settings; and calls for a commitment to transforming the gendered power dynamics in peace and security. The present addendum serves to reinforce the focus in general recommendation No. 30 on preventive diplomacy and the commitment in Security Council resolution 2282 (2016) to addressing the root causes of conflict. At the crossroads of generational shifts in the geopolitical landscape and international rules-based legal order, through the present addendum to general recommendation No. 30, the Committee expresses renewed faith in multilateralism and the transformative power of the women and peace and security agenda.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Conclusion"]},{"id":"ced-c-gc-1-0001","docId":"ced-c-gc-1","idx":1,"n":1,"text":"1. For the purposes of the present general comment, the term “migrants” is used to refer to persons who move away from their place of usual residence, whether within a country or across an international border, temporarily or permanently, and for a variety of reasons,[[fn:1]] such as family reunification or moving away from international or non-international armed conflicts, persecution, discrimination, natural disasters, environmental degradation, the effects of climate change, difficult economic situations or high crime rates. Numbers of migrants worldwide remain high.[[fn:2]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":1,"text":"International Organization for Migration (IOM), “IOM definition of ‘migrant’”."},{"n":2,"text":"A/76/642, para. 11. See also IOM, Global Migration Data Analysis Centre, “International migrant stocks”, Migration Data Portal. Available at https://www.migrationdataportal.org/themes/international-migrant-stocks."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0002","docId":"ced-c-gc-1","idx":2,"n":2,"text":"2. Migrants are in situations of particular vulnerability, which may arise from their personal characteristics or socioeconomic status, the circumstances in which they travel – including their undocumented status and language barriers – or the treatment or conditions that they face in countries of origin, transit and destination, including border areas.[[fn:3]] The universal human rights and fundamental freedoms of migrants must be respected, protected and fulfilled at all times.[[fn:4]] Although States have a sovereign prerogative to manage their borders and regulate access to their territories, they must do so in full compliance with their obligations under international law,[[fn:5]] in particular human rights law, international humanitarian law, international refugee law and the law of the sea.","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":3,"text":"Global Compact for Safe, Orderly and Regular Migration, objective 7. See also the Guiding Principles for the Search for Disappeared Persons (CED/C/7, annex), principle 9; and African Commission on Human and Peoples’ Rights, Guidelines on the Protection of All Persons from Enforced Disappearances in Africa (2022), para. 1.3.2."},{"n":4,"text":"Global Compact for Safe, Orderly and Regular Migration, para. 4."},{"n":5,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration, para. 23."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0003","docId":"ced-c-gc-1","idx":3,"n":3,"text":"3. Already in a situation of vulnerability and faced with restrictive immigration policies and dehumanizing border governance tactics,[[fn:6]] thousands of migrants die, disappear or go missing each year, leading to humanitarian crises in many regions of the world.[[fn:7]] The issue is a high priority at the international level. In its resolution 74/148 on the protection of migrants, the General Assembly called for international cooperation to save lives, prevent the deaths of and injuries to migrants and identify migrants who have died or gone missing. The objectives of the Global Compact for Safe, Orderly and Regular Migration, adopted in 2018, include addressing and reducing vulnerabilities in migration, saving lives and establishing coordinated efforts on missing migrants, and countering trafficking in persons in the context of international migration (objectives 7, 8 and 10).","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":6,"text":"A/HRC/50/31, para. 24. See also CED/C/GRC/CO/1, para. 28; CED/C/MEX/VR/1 (Findings), para. 20; and CED/C/MEX/VR/1 (Recommendations), paras. 39–42."},{"n":7,"text":"A/72/335, para. 1."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0004","docId":"ced-c-gc-1","idx":4,"n":4,"text":"4. Missing persons, as understood by the International Committee of the Red Cross (ICRC) for the purposes of its operations, are persons whose whereabouts are unknown to their relatives and/or who, on the basis of reliable information, have been reported missing in accordance with national legislation in connection with an international or non-international armed conflict, a situation of internal violence or disturbances, natural catastrophes or any other situation that may require the intervention of a competent State authority.[[fn:8]] The International Organization for Migration (IOM), as part of its Missing Migrants Project, collects data on migrants who have died at the external borders of States or in the process of migrating towards an international destination, including as a result of transport accidents, shipwrecks or violent attacks or owing to medical complications during their journeys.[[fn:9]] Some missing migrants could be victims of disappearance, including enforced disappearance. The principal distinctive element between a migrant going missing and a migrant becoming a victim of disappearance is the commission of a crime against a migrant, as provided in articles 2, 3 and 5 of the Convention.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":8,"text":"ICRC, Guiding Principles/Model Law on the Missing: Principles for Legislating the Situation of Persons Missing as a Result of Armed Conflict or International Violence – Measures to Prevent Persons from Going Missing and to Protect the Rights and Interests of the Missing and Their Families (Geneva, 2009), art. 2 (1)."},{"n":9,"text":"The project data also include corpses found at border crossings that are categorized as the bodies of migrants on the basis of belongings and/or the characteristics of the death."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CED","article":"2","source":"regex"},{"treaty":"CED","article":"3","source":"regex"},{"treaty":"CED","article":"5","source":"regex"}]},{"id":"ced-c-gc-1-0005","docId":"ced-c-gc-1","idx":5,"n":5,"text":"5. The Committee notes with great concern that deaths and cases of disappearance are widely reported along various migration routes.[[fn:10]] The issue was first addressed by the Working Group on Enforced or Involuntary Disappearances in 2017, in its report on enforced disappearance in the context of migration,[[fn:11]] and has not improved since. However, accurate data on the number of victims of disappearance among missing migrants are not available or are inaccurate,[[fn:12]] owing to a lack of systematic data collection and shared databases, insufficient cooperation among States and lack of political will, barriers (linked, inter alia, to the situation of vulnerability of migrants and their relatives) to reporting cases of disappearance falling under articles 2 and 3 of the Convention, and the failure of authorities to conduct serious, effective and diligent searches and investigations. This lack of accurate and disaggregated data hinders the adoption of policies and strategies to prevent the enforced disappearance of migrants and increases the vulnerability of migrants to becoming victims of this crime.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":10,"text":"A/76/642, para. 74. Current efforts to record data are mainly carried out by non-governmental and international organizations. According to the IOM Missing Migrants Project, more than 50,000 migrants have gone missing since 2014. See also Julia Black, Global Migration Indicators 2021: Insights from the Global Migration Data Portal (Geneva, IOM, 2021), pp. 38 and 39."},{"n":11,"text":"A/HRC/36/39/Add.2."},{"n":12,"text":"A/72/335, para. 2; and A/HRC/36/39/Add.2, para. 56."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CED","article":"2","source":"regex"},{"treaty":"CED","article":"3","source":"regex"}]},{"id":"ced-c-gc-1-0006","docId":"ced-c-gc-1","idx":6,"n":6,"text":"6. Different factors contribute directly or indirectly to the disappearance of migrants (falling under articles 2 and 3 of the Convention), or the risk thereof. Various practices by some States and their agents in the context of restrictive and dehumanizing border governance directly contribute to the disappearance of migrants. These practices include immigration detention, “pushbacks” and “chain pushbacks” on land or at sea, the systematic failure of search and rescue,[[fn:13]] and collusion between State agents and organized criminal groups engaged in trafficking in persons.[[fn:14]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":13,"text":"Office of the United Nations High Commissioner for Human Rights (OHCHR), “‘Lethal disregard’: search and rescue and the protection of migrants in the central Mediterranean Sea” (Geneva, 2021); and Noemi Magugliani and Jean-Pierre Gauci, “Migrant crossings in the Channel: non-assistance, securitisation, and accountability under international law”, Opinio Juris, 21 December 2021."},{"n":14,"text":"A/HRC/36/39/Add.2, paras. 34–43. See also Human Rights Commission of Malaysia and Fortify Rights, “Sold like Fish”: Crimes against Humanity, Mass Graves, and Human Trafficking from Myanmar and Bangladesh to Malaysia from 2012 to 2015 (2019)."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CED","article":"2","source":"regex"},{"treaty":"CED","article":"3","source":"regex"}]},{"id":"ced-c-gc-1-0007","docId":"ced-c-gc-1","idx":7,"n":7,"text":"7. Furthermore, other factors – including rigid, securitized and increasingly militarized migration and border governance policies of States, which are often grounded in deterrence, coupled with discriminatory attitudes and practices against and a general trend of criminalization of migrants and those who assist them, and widespread impunity of those who violate the rights of migrants[[fn:15]] – indirectly contribute to the disappearance of migrants, by forcing them to choose increasingly dangerous routes that traverse hostile environments or areas affected by armed conflict or other situations of violence and to turn to criminal networks of smugglers or traffickers, which expose them to human rights violations and exploitation, including becoming victims of enforced disappearance. This phenomenon affects all regions of the world, without exception.","labels":["Migrants","Persons affected by armed conflict"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":15,"text":"A/HRC/36/39/Add.2, paras. 50 and 51."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0008","docId":"ced-c-gc-1","idx":8,"n":8,"text":"Among the factors that contribute to the enforced disappearance of migrants, the issue of discrimination is of specific concern:[[fn:16]] (a) Discrimination may trigger migration among those exposed to structural or direct discrimination in their country of origin or residence; (b) Migration policies may contain discriminatory elements, such as restrictions on visas or residence permits for persons from certain countries or regions or for persons of certain nationalities; (c) Certain groups of migrants may face discrimination during the migration process on the basis of migratory or socioeconomic status or other personal characteristics, such as religion, race, colour, ethnic or national origin, age, sex, sexual orientation or gender identity, which makes them even more vulnerable to becoming victims of enforced disappearance;[[fn:17]] (d) Discrimination may also affect the enjoyment by victims and their relatives of their rights concerning access to justice, including, but not limited to, participation in the investigation and search, access to legal aid, information in a language that they understand, protection and support, and presence during court proceedings.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":16,"text":"CED/C/BRA/CO/1, para. 23 (c); and CED/C/MEX/VR/1 (Recommendations), para. 39."},{"n":17,"text":"Border Violence Monitoring Network, “EU member States’ use of new technologies in enforced disappearances: input for the thematic study by the UN Working Group in Enforced or Involuntary Disappearances on ‘new technologies and enforced disappearances’” (2023), para. 9."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0009","docId":"ced-c-gc-1","idx":9,"n":9,"text":"9. The Committee emphasizes that the principle of non-discrimination is fundamental in international human rights instruments, being regarded as a jus cogens norm.[[fn:18]] It must be adhered to at all times by States parties in the implementation of their obligations under the Convention relating to the prevention of and response to cases of disappearance. Indeed, as set out in article 1 of the Convention, no one shall be subjected to enforced disappearance and no exceptional circumstances may be invoked as a justification for enforced disappearance. Consequently, the obligations of States parties under the Convention apply regardless of the nationality, origin or migratory status of the victims.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":18,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021) on migrants’ rights to liberty and freedom from arbitrary detention and their connection with other human rights, para. 32."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CED","article":"1","source":"regex"}]},{"id":"ced-c-gc-1-0010","docId":"ced-c-gc-1","idx":10,"n":10,"text":"10. As the contexts and modalities of enforced disappearance evolve over time, the Committee aims to ensure a prompt and proactive response to present-day realities. Considering the serious and highly worrying developments in enforced disappearance in the context of migration, and given the inherently preventive character of the Convention, the Committee decided to focus its first general comment on assisting States parties to fulfil their relevant obligations under the Convention with regard to preventing and responding to this crime. The Committee is thereby addressing one aspect of the ongoing human rights concerns and humanitarian crisis in the context of migration, building upon the existing universal and regional legal and policy instruments applicable to the multiple human rights violations that migrants face throughout their journeys,[[fn:19]] through the lens of the obligations established under the Convention. The Committee is also further developing its standards in this regard, including through its Guiding Principles for the Search for Disappeared Persons (2019) and its statement on non-State actors in the context of the Convention (2023),[[fn:20]] which provide a clear, authoritative and interpretative position on how to prevent and react to enforced disappearance in the context of migration.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":19,"text":"The Global Compact for Safe, Orderly and Regular Migration contains several objectives that are of direct relevance to States parties’ obligations to prevent and respond to the disappearance of migrants and are directly related to the risk of disappearance during the process of migration. The following should be used as guidance for the development of prevention policies and strategies: objective 5 (Enhance availability and flexibility of pathways for regular migration), objective 7 (Address and reduce vulnerabilities in migration), objective 8 (Save lives and establish coordinated international efforts on missing migrants), objective 9 (Strengthen the transnational response to smuggling of migrants), objective 10 (Prevent, combat and eradicate trafficking in persons in the context of international migration) and objective 13 (Use immigration detention only as a measure of last resort and work towards alternatives). See also the joint statement on illegal intercountry adoption (CED/C/9); African Commission on Human and Peoples’ Rights, Guidelines on the Protection of All Persons from Enforced Disappearances in Africa; the Inter-American Principles on the Human Rights of All Migrants, Refugees, Stateless Persons, and Victims of Trafficking in Persons; and ICRC, “Declaration for the Dignified Treatment of all Missing and Deceased Persons and their Families as a Consequence of Migrant Journeys (the Mytilini Declaration)”."},{"n":20,"text":"CED/C/10."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0011","docId":"ced-c-gc-1","idx":11,"n":11,"text":"11. In the present general comment, the Committee draws on its experience in reviewing States parties’ reports, the jurisprudence of human rights treaty bodies, the recommendations of the Human Rights Council and its special procedures, two rounds of consultations with States, experts and other stakeholders on the concept note and a preliminary draft, and regional consultations held in Latin America and the Caribbean, Asia and the Pacific, Europe, and Africa, including the Middle East and North Africa.","labels":[],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["I. Introduction"]},{"id":"ced-c-gc-1-0012","docId":"ced-c-gc-1","idx":12,"n":12,"text":"12. The Committee is deeply concerned about the growing trend of enforced disappearance in the context of migration. It appeals to States parties to take urgent measures to prevent and respond to this phenomenon, guided by the present general comment, to ensure full compliance with their legal obligations. The Committee intends, in the present general comment, to clarify possible legal uncertainties under the Convention and to encourage future States parties by providing clear positions on an issue of global concern.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["II. Objectives and scope of the general comment"]},{"id":"ced-c-gc-1-0013","docId":"ced-c-gc-1","idx":13,"n":13,"text":"13. Given the preventive character of the Convention, the present general comment is also aimed at assisting States parties in developing and implementing national policies to protect migrants from becoming victims of enforced disappearance and to combat impunity.","labels":["Migrants","Persons affected by armed conflict"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["II. Objectives and scope of the general comment"]},{"id":"ced-c-gc-1-0014","docId":"ced-c-gc-1","idx":14,"n":14,"text":"14. The Committee recognizes the particular situation of vulnerability of migrants themselves, and of their relatives, who are frequently also migrants and often encounter obstacles and discrimination when searching for their disappeared loved ones. A further objective of the general comment is thus to assist States in their efforts to ensure access to justice for victims, with a view to contributing to international efforts to improve the often dire human rights situation of migrants.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["II. Objectives and scope of the general comment"]},{"id":"ced-c-gc-1-0015","docId":"ced-c-gc-1","idx":15,"n":15,"text":"15. Given the often cross-border character of enforced disappearance in the context of migration, the general comment is aimed at fostering international and regional cooperation on prevention, search and investigation with regard to the disappearance of migrants, in compliance with States parties’ obligations under the Convention.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["II. Objectives and scope of the general comment"]},{"id":"ced-c-gc-1-0016","docId":"ced-c-gc-1","idx":16,"n":16,"text":"16. To prevent migrants from becoming victims of enforced disappearance in the context of immigration detention,[[fn:21]] they must always be able, from the outset of their detention and regardless of its duration, to communicate with their relatives, consular authorities, legal representatives or any other person whom they could inform about their fate or whereabouts.[[fn:22]] Deprivation of liberty for immigration-related reasons should always be a measure of last resort, and migrants should be deprived of their liberty only if there are no alternatives to detention.[[fn:23]] Moreover, in view of the non-derogability of the prohibition of enforced disappearances under article 1 (2) of the Convention, emergency situations must not be used to justify any form of deprivation of liberty of migrants that could amount to enforced disappearance.[[fn:24]] Children should never be deprived of their liberty for reasons related to their or their parents’ migratory or residence status, or lack thereof, or solely on the basis of being unaccompanied or separated,[[fn:25]] and unaccompanied minors who are apprehended in the course of migration should be referred to child protection authorities.[[fn:26]] The prohibition of secret detention under article 17 of the Convention is especially important for the prevention of cases of disappearance, and extends to situations in which migrants are deprived of their liberty by non-State actors acting with the support, authorization or acquiescence of the State.[[fn:27]]","labels":["Migrants","Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":21,"text":"“Immigration detention” is understood to comprise any form of deprivation of liberty that relates to a person’s migration status, encompassing the person’s migratory or residence status, or lack thereof, whether relating to irregular entry or stay or not. Immigration detention refers to any situation in which a person is deprived of liberty on grounds related to that person’s migration status, regardless of the name or reason given for carrying out the deprivation of liberty, or the name of the facility or place where the person is being held while deprived of liberty. Accordingly, immigration detention includes the detention of migrants in prisons, police stations, immigration detention centres, closed reception facilities, health-care facilities and any other enclosed spaces, such as international or transit areas at air, land and maritime ports. “Reasons related to migration status” is understood by the Committee on Migrant Workers to be a person’s migratory or residence status, or the lack thereof, relating to irregular entry, stay or exit (general comment No. 5 (2021), para. 14)."},{"n":22,"text":"CED/C/MEX/VR/1 (Findings), para. 18."},{"n":23,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 38; and A/HRC/36/39/Add.2, para. 22."},{"n":24,"text":"Key guidelines on enforced disappearance in the context of the coronavirus disease (COVID-19), issued by the Committee and the Working Group on Enforced or Involuntary Disappearances, paras. 23 and 24."},{"n":25,"text":"Committee on the Rights of the Child, general comment No. 6 (2005) on treatment of unaccompanied and separated children outside of their country of origin, para. 61; joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017) on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, paras. 5 and 8; Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), paras. 39–44; and A/75/183."},{"n":26,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 44; Committee on the Rights of the Child, general comment No. 6 (2005), paras. 40 and 61–63; joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017) on the general principles regarding the human rights of children in the context of international migration, para. 32; and joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), paras. 12 and 13."},{"n":27,"text":"CED/C/10, paras. 2–8; A/HRC/13/42; A/HRC/36/39/Add.2, paras. 21–24; Human Rights Committee, general comment No. 36 (2018) on the right to life, paras. 57 and 58; Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 17; and Inter-American Commission on Human Rights, Human Rights of Migrants and Other Persons in the Context of Human Mobility in Mexico (2013), paras. 175–240."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"],"citedArticles":[{"treaty":"CED","article":"1","paragraph":"2","source":"regex"},{"treaty":"CED","article":"17","source":"regex"}]},{"id":"ced-c-gc-1-0017","docId":"ced-c-gc-1","idx":17,"n":17,"text":"The absolute prohibition, under article 17 (1) of the Convention, of the secret detention of any person,[[fn:28]] including migrants, encompasses any form of deprivation of liberty, including incommunicado detention and transfer to a secret location,[[fn:29]] regardless of the pretext used to justify it and of its duration.[[fn:30]] States parties must ensure that, if migrants are deprived of their liberty, they are afforded, without exception and irrespective of the place of deprivation of liberty, de jure and de facto, all the fundamental legal safeguards provided for under article 17 (2) of the Convention and other human rights treaties.[[fn:31]] This includes the following measures: (a) Establishing in legislation the conditions under which migrants may be deprived of their liberty; (b) Specifying which authorities are competent to order the deprivation of liberty; (c) Guaranteeing that migrants deprived of their liberty are held solely in officially recognized and supervised places of deprivation of liberty; (d) Guaranteeing that migrants deprived of their liberty are informed about their rights from the very outset, in a language that they understand, have effective access to counsel and, where necessary, a professional interpreter, and are authorized to communicate without delay with their relatives or any person of their choice, and with their consular or other diplomatic authorities, if they so wish, including the right to be visited; (e) Guaranteeing, without restriction under any circumstances and irrespective of the place of deprivation of liberty or of migratory status, the right of persons deprived of their liberty, or any persons with a legitimate interest, to take proceedings before a court in order to challenge the lawfulness of the deprivation of liberty.[[fn:32]]","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":28,"text":"E/CN.4/2003/71, para. 67."},{"n":29,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), paras. 12 and 13; and joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), para. 6."},{"n":30,"text":"Yrusta and Yrusta v. Argentina (CED/C/10/D/1/2013), para. 10.3."},{"n":31,"text":"For example, the International Covenant on Civil and Political Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Convention on the Rights of the Child and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (see Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comments No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, paras. 27–33, and No. 5 (2021), paras. 53, 58 and 65–67. See also CED/C/GRC/CO/1, para. 31 (c) and (d); CED/C/FRA/CO/1, paras. 30 and 31; and A/HRC/37/50, paras. 73 and 74)."},{"n":32,"text":"CED/C/GRC/CO/1, para. 31 (d)."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"],"citedArticles":[{"treaty":"CED","article":"17","paragraph":"1","source":"regex"},{"treaty":"CED","article":"17","paragraph":"2","source":"regex"}]},{"id":"ced-c-gc-1-0018","docId":"ced-c-gc-1","idx":18,"n":18,"text":"18. States parties should also ensure that allegations of secret detention are effectively, thoroughly, promptly and impartially investigated and that those responsible are prosecuted and, if found guilty, punished in accordance with the gravity of their acts.[[fn:33]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":33,"text":"Ibid., para. 31 (a)."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"]},{"id":"ced-c-gc-1-0019","docId":"ced-c-gc-1","idx":19,"n":19,"text":"19. States parties must guarantee that migrants deprived of their liberty are able to contact and be contacted locally by the Office of the United Nations High Commissioner for Refugees (UNHCR), national refugee bodies or other competent agencies and to communicate with them in private. Information on such contact and the means for making it should be made available.[[fn:34]]","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":34,"text":"UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention (Geneva, 2012), para. 47 (vii)."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"]},{"id":"ced-c-gc-1-0020","docId":"ced-c-gc-1","idx":20,"n":20,"text":"20. In accordance with article 17 (3) of the Convention, States parties must keep up-to-date official registers and records of all migrants deprived of their liberty, transferred and released, without exception and irrespective of the place or duration of the deprivation of liberty.[[fn:35]] These registers and records must, at a minimum, contain the information listed in article 17 (3) and must be filled out and maintained diligently and without delay. In addition to the information listed in article 17 (3), and while ensuring full respect for the principles governing individual data protection in accordance with article 19, States parties are invited to consider the inclusion of photographs of persons deprived of their liberty, because some migrants may not carry identity documents or may use a false identity. Registers and records must be made promptly available, upon request, to any judicial or other competent authority or institution authorized for that purpose by the law of the State party concerned or any relevant international legal instrument to which the State concerned is a party.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":35,"text":"CED/C/MEX/VR/1 (Recommendations), para. 111; CED/C/ITA/CO/1, paras. 28 and 29; CED/C/JPN/CO/1, paras. 35 and 36; A/HRC/36/39/Add.2, paras. 23, 24 and 62; and E/CN.4/1997/34, paras. 22–30."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"],"citedArticles":[{"treaty":"CED","article":"17","paragraph":"3","source":"regex"},{"treaty":"CED","article":"17","paragraph":"3","source":"regex"},{"treaty":"CED","article":"17","paragraph":"3","source":"regex"},{"treaty":"CED","article":"19","source":"regex"}]},{"id":"ced-c-gc-1-0021","docId":"ced-c-gc-1","idx":21,"n":21,"text":"21. The State party must provide without delay information about migrants who have been deprived of their liberty to any person with a legitimate interest, such as relatives, their representatives or their counsel. At a minimum, such information should include the information listed in article 18 (1) of the Convention, and States must ensure that persons with a legitimate interest have a real possibility of gaining access to it.[[fn:36]] The right of persons with a legitimate interest to have access to and to receive information may be restricted only in accordance with the provisions of article 20 (1).[[fn:37]] States parties should ensure that regulations on data protection or privacy are not used as grounds for withholding information.[[fn:38]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":36,"text":"CED/C/NLD/CO/1, para. 29."},{"n":37,"text":"Yrusta and Yrusta v. Argentina, paras. 10.5 and 10.6."},{"n":38,"text":"CED/C/NLD/CO/1, paras. 28 and 29."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"],"citedArticles":[{"treaty":"CED","article":"18","paragraph":"1","source":"regex"},{"treaty":"CED","article":"20","paragraph":"1","source":"regex"}]},{"id":"ced-c-gc-1-0022","docId":"ced-c-gc-1","idx":22,"n":22,"text":"22. States parties should also compile and make publicly available exhaustive lists of all places of deprivation of liberty[[fn:39]] and ensure that independent and impartial monitors, such as national human rights institutions, national preventive mechanisms, civil society organizations and international organizations, have full access to any location where migrants are deprived of their liberty, whether run by the State party or run privately.[[fn:40]] Access to sites of deprivation of liberty must be guaranteed in law, in accordance with article 17 (2) (e) of the Convention, and in practice. States parties should therefore establish independent and impartial monitoring and accountability mechanisms in places of deprivation of liberty.[[fn:41]] Moreover, States parties should ensure that persons deprived of their liberty have access to appropriate mechanisms to report violations of their rights to the relevant authorities.[[fn:42]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":39,"text":"CED/C/ITA/CO/1, para. 29."},{"n":40,"text":"A/HRC/36/39/Add.2, para. 88 (d); and Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), paras. 84–89. See also Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), paras. 39 and 48; A/HRC/37/50, para. 73; and Association for the Prevention of Torture, International Detention Coalition and UNHCR, Monitoring Immigration Detention: Practical Manual (Geneva, Association for the Prevention of Torture and UNHCR, 2014)."},{"n":41,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 89."},{"n":42,"text":"CED/C/GRC/CO/1, para. 31 (e)."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"],"citedArticles":[{"treaty":"CED","article":"17","paragraph":"2","source":"regex"}]},{"id":"ced-c-gc-1-0023","docId":"ced-c-gc-1","idx":23,"n":23,"text":"23. The lack of reliable data and statistics on disappeared and deceased migrants is one of the main obstacles to preventing and responding to their disappearances.[[fn:43]] The Committee emphasizes that the regular and systematic collection of disaggregated data and the generation of accurate statistics are crucial to understanding the scale of the problem of the disappearance of migrants and to devising policies for effective prevention, search, investigation, punishment and elimination, with a differential approach. States parties should create and regularly update a single, nationwide database of disappeared persons that includes basic information about migrants who may be victims of a disappearance, including the following: age, sex, gender identity, sexual orientation, nationality, ethnic origin and religious affiliation; the place, date, context and circumstances of the person’s disappearance, including all evidence relevant to determining whether it was a case of enforced disappearance; and the status of relevant search and investigation procedures and of procedures for the exhumation, identification and return of remains.[[fn:44]] States parties that are countries of origin should create a register of their nationals who have disappeared abroad[[fn:45]] and States parties that are countries of origin, transit, destination or return should ensure that the registration of migrants at border control points involves the individual examination of all applications for entry so as to allow for an effective search in the event of a person’s disappearance.[[fn:46]] The authorities responsible for entering the relevant data must do so in a consistent and exhaustive manner, immediately after being informed of a case of disappearance.[[fn:47]] States parties must ensure that such data are not shared or used for the purposes of immigration enforcement.[[fn:48]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":43,"text":"A/HRC/36/39/Add.2, para. 56; and OHCHR and Global Migration Group, Principles and Guidelines, Supported by Practical Guidance, on the Human Rights Protection of Migrants in Vulnerable Situations (Geneva, 2018), pp. 60 and 61."},{"n":44,"text":"CED/C/COL/OAI/1, para. 17; CED/C/IRQ/OAI/1, para. 5; CED/C/BRA/CO/1, para. 13; and CED/C/NER/CO/1, para. 15."},{"n":45,"text":"CED/C/HND/CO/1, para. 29."},{"n":46,"text":"Guiding Principles for the Search for Disappeared Persons, principle 9 (3); and CED/C/19/2, para. 14."},{"n":47,"text":"CED/C/MEX/CO/1, para. 18."},{"n":48,"text":"Joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017), para. 17."}],"section":["III. Preventive mechanisms","B. Data collection"]},{"id":"ced-c-gc-1-0024","docId":"ced-c-gc-1","idx":24,"n":24,"text":"24. The Committee recommends the standardization of data collection in order to facilitate data-sharing between countries of origin, transit, destination and return.[[fn:49]] Furthermore, States parties should ensure that databases on disappeared and missing migrants are interconnected and interoperable at the national and international levels in order to facilitate the cross-checking of information. Any exchange of personal data, both nationally and across borders or jurisdictions, should meet internationally accepted standards on data and privacy.[[fn:50]] Moreover, personal data, in particular biometric data, should be used only for the purposes of searching for disappeared migrants, in accordance with article 19 (1) of the Convention, and of providing information to persons with a legitimate interest, in accordance with article 18.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":49,"text":"See ICRC, “Core dataset for the search for missing migrants” (Geneva, 2021). See also Global Compact for Safe, Orderly and Regular Migration, objective 8."},{"n":50,"text":"ICRC, “Guidelines on coordination and information-exchange mechanisms for the search for missing migrants” (Geneva, 2021), p. 18. See also A/77/196; and Christopher Kuner and Massimo Marelli, eds., Handbook on Data Protection in Humanitarian Action, 2nd ed. (Geneva, ICRC, 2020)."}],"section":["III. Preventive mechanisms","B. Data collection"],"citedArticles":[{"treaty":"CED","article":"19","paragraph":"1","source":"regex"},{"treaty":"CED","article":"18","source":"regex"}]},{"id":"ced-c-gc-1-0025","docId":"ced-c-gc-1","idx":25,"n":25,"text":"25. The absence of record-keeping throughout the handling of persons in the context of irregular border crossings further increases the risk of their becoming victims of human rights violations, including enforced disappearance.[[fn:51]] It also renders any accountability impossible, including effective inquiries and investigations.[[fn:52]] Consequently, States parties must keep records of their handling of persons in the context of irregular border crossings,[[fn:53]] and footage from border surveillance equipment should be preserved and made accessible to those mandated with overseeing border operations, as well as to authorities in charge of the search for disappeared migrants and the investigations into their disappearances.[[fn:54]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":51,"text":"A/HRC/36/39/Add.2, paras. 54 and 88; CED/C/GRC/CO/1, para. 30; CED/C/MEX/VR/1 (Findings), paras. 18–20; and European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, “12th General Report on the CPT’s activities”, 3 September 2002, paras. 32–50; and report to the Government of Greece on the visit to Greece from 17 to 29 September 2009, 17 November 2010, paras. 39 and 40."},{"n":52,"text":"European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, report to the Government of Croatia on the visit to Croatia from 10 to 14 August 2020, 3 December 2021, para. 22. On the need to keep and review registers, see CED/C/GRC/CO/1, para. 31 (f) and (g); CED/C/MEX/CO/1, paras. 34 and 35; and CED/C/MEX/VR/1 (Recommendations), paras. 105–107."},{"n":53,"text":"European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, report to the Government of Greece on the visit to Greece from 13 to 17 March 2020, 19 November 2020, para. 57; and report to the Government of Croatia on the visit to Croatia from 10 to 14 August 2020, paras. 14 and 22."},{"n":54,"text":"European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, report to the Government of Croatia on the visit to Croatia from 10 to 14 August 2020, paras. 5, 9 and 22. On the use of technology as a tool to document cases of enforced disappearance, see Border Violence Monitoring Network, “EU Member States’ use of new technologies”, paras. 16–28."}],"section":["III. Preventive mechanisms","B. Data collection"]},{"id":"ced-c-gc-1-0026","docId":"ced-c-gc-1","idx":26,"n":26,"text":"26. In addition to collecting data, States parties should conduct contextual analyses to identify possible patterns in cases of the disappearance of migrants and the underlying structural failures that enable these crimes,[[fn:55]] and possible ties between authorities and criminal networks involved in trafficking in persons and the smuggling of migrants. For this purpose, the Committee recommends the collection of qualitative data.[[fn:56]] In order to identify trends and patterns in cases of the disappearance of migrants in the context of trafficking in persons, States parties should cooperate with a broad range of actors, including antitrafficking and migration professionals.[[fn:57]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":55,"text":"CED/C/MEX/VR/1 (Recommendations), paras. 16 and 17."},{"n":56,"text":"See also Committee on the Rights of the Child, general comment No. 6 (2005), para. 100."},{"n":57,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 38 (2020), para. 109."}],"section":["III. Preventive mechanisms","B. Data collection"]},{"id":"ced-c-gc-1-0027","docId":"ced-c-gc-1","idx":27,"n":27,"text":"27. Policies that criminalize migrants, and migration itself, lack the mechanisms necessary to allow for the prior assessment of the risks and circumstances in each individual case. Instead, such policies focus on deterring entry and heighten the risk of migrants becoming victims of human rights violations, including enforced disappearance. Consequently, the Committee urges States parties to adopt evidence-based policies to foster access to regular, safe and orderly migration, in accordance with the objectives of and commitments made in the Global Compact for Safe, Orderly and Regular Migration. Specifically, States parties should work towards enhancing pathways for regular migration, addressing and reducing vulnerabilities in migration, saving lives, countering trafficking in persons and the smuggling of migrants, training and adequately equipping border authorities, finding alternatives to detention, facilitating consular assistance and, if appropriate, consular access to relevant information about disappeared persons, and eliminating discrimination.[[fn:58]] In addition, States parties must guarantee the rights of every person to seek legal protection based on an individual risk assessment and of access to justice through legal remedies, including in situations where military forces are involved in border control. States parties must end, investigate and punish practices of collective expulsions and pushbacks at borders or failure to act diligently to rescue migrants who are at sea, in the desert, in impassable forests, exposed to extreme temperatures or in other life-threatening situations.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":58,"text":"Global Compact for Safe, Orderly and Regular Migration, objectives 5, 7–11, 13, 14 and 17. See also Committee on the Elimination of Discrimination against Women, general recommendation No. 38 (2020), paras. 56–60."}],"section":["III. Preventive mechanisms","C. Policies and non-criminalization"]},{"id":"ced-c-gc-1-0028","docId":"ced-c-gc-1","idx":28,"n":28,"text":"28. Given the role played by non-State actors in many cases of the disappearance of migrants,[[fn:59]] States parties should, in cooperation with countries of origin, transit, destination and return, increase efforts to counter any form of exploitation or trafficking in persons and address the abuses and rights violations occurring in the context of smuggling and corruption.[[fn:60]] States parties are encouraged to accede to and implement international instruments for the suppression of transnational organized crime, such as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, and the United Nations Convention against Corruption, and other relevant international and regional instruments, as part of their efforts to prevent the disappearance of migrants.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":59,"text":"A/HRC/36/39/Add.2, para. 35; and Human Rights Commission of Malaysia and Fortify Rights, “Sold like Fish”."},{"n":60,"text":"A/HRC/40/59; and CED/C/GAB/CO/1, para. 20."}],"section":["III. Preventive mechanisms","C. Policies and non-criminalization"]},{"id":"ced-c-gc-1-0029","docId":"ced-c-gc-1","idx":29,"n":29,"text":"29. Special consideration must be given to the rights of migrant children, in particular unaccompanied minors.[[fn:61]] The separation of children from their families increases the risk of enforced disappearance and should be avoided, unless it is determined to be in the best interests of the child in compliance with international standards.[[fn:62]] States parties should take effective measures to ensure the protection of unaccompanied or separated migrant children housed in reception centres, or other places of accommodation, from becoming victims of human rights violations, including disappearance falling under articles 2 and 3 of the Convention.[[fn:63]] Children born on migrant routes or in places of deprivation of liberty are at additional risk of wrongful removal (art. 25) and it is therefore paramount to ensure their registration at birth.[[fn:64]] To respect their best interests, States parties should grant children at international borders the right to access to the territory, regardless of the documentation that they have or lack, and to be referred to authorities in charge of evaluating their needs in terms of protection of their rights, ensuring their procedural safeguards.[[fn:65]] Respect for the best interests of the child and family unity should be prioritized by, for example, promptly identifying migrant children at border controls or in other circumstances, assigning a guardian to unaccompanied children and putting in place best interests determination procedures.[[fn:66]]","labels":["Migrants","Children"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":61,"text":"CED/C/MEX/CO/1, para. 23. See also Committee on the Rights of the Child, general comment No. 6 (2005); joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017); and joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017)."},{"n":62,"text":"Convention on the Rights of the Child, art. 9; Committee on the Rights of the Child, general comment No. 14 (2013); joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017), paras. 31 and 32; joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), paras. 27–31; and OHCHR, “Recommended principles to guide actions concerning children on the move and other children affected by migration”, June 2016, principle 5."},{"n":63,"text":"Convention of the Rights of the Child, art. 20; Committee on the Rights of the Child, general comment No. 6 (2005), paras. 50–53; joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), paras. 43 and 44; and CED/C/GRC/CO/1, para. 27 (b)."},{"n":64,"text":"Joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), paras. 20–22. See also CED/C/ITA/CO/1, paras. 34 and 35; and CED/C/NLD/CO/1, paras. 32–39."},{"n":65,"text":"Joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), para. 17 (a)."},{"n":66,"text":"Committee on the Rights of the Child, general comment No. 6 (2005), paras. 19–22 and 81–83; joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017), paras. 27–33; and joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), paras. 27–38."}],"section":["III. Preventive mechanisms","C. Policies and non-criminalization"],"citedArticles":[{"treaty":"CED","article":"2","source":"regex"},{"treaty":"CED","article":"3","source":"regex"},{"treaty":"CED","article":"25","source":"regex"}]},{"id":"ced-c-gc-1-0030","docId":"ced-c-gc-1","idx":30,"n":30,"text":"30. The criminalization of both migration and the provision of assistance to migrants directly contributes to the heightened risk of disappearance faced by migrants, as it places them in a situation of vulnerability. The Committee urges States parties to avoid criminalizing migration, both in law and in practice, and to facilitate a supportive environment for persons or organizations providing humanitarian or legal assistance to migrants.[[fn:67]] States parties must ensure that human rights defenders, civil society actors, journalists and anyone providing such assistance are not exposed to reprisals or intimidation and are not criminalized or prosecuted for their involvement in search and rescue operations concerning migrants, in monitoring and documenting violations or in providing any other form of assistance to migrants.[[fn:68]] To this end, States parties should review the terminology used in certain types of legislation, such as legislation on countering trafficking, smuggling and terrorism.[[fn:69]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":67,"text":"CED/C/HND/CO/1, para. 27."},{"n":68,"text":"CED/C/GRC/CO/1, para. 25 (b). See also OHCHR, “‘Lethal disregard’”, p. 28."},{"n":69,"text":"A/73/314, paras. 58–75; and Martha Gionco and Jyothi Kanics, Resilience and Resistance: The Criminalisation of Solidarity across Europe (Brussels, The Greens/EFA in the European Parliament, 2022)."}],"section":["III. Preventive mechanisms","C. Policies and non-criminalization"]},{"id":"ced-c-gc-1-0031","docId":"ced-c-gc-1","idx":31,"n":31,"text":"31. Article 16 (1) of the Convention enshrines the non-derogable principle of non-refoulement of any persons to another State where there are substantial grounds for believing that they would be in danger of being subjected to enforced disappearance. States parties should explicitly incorporate this principle into national legislation[[fn:70]] and refrain from creating legal exceptions aimed at its circumvention.[[fn:71]] The prohibition of refoulement applies wherever the State party exercises jurisdiction or effective control over the persons concerned, including at sea and on vessels.[[fn:72]] It also applies whenever States parties decide to externalize migration management to third countries.[[fn:73]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":70,"text":"A/AC.96/951, para. 16; CED/C/NER/CO/1, para. 27 (a); CED/C/MNG/CO/1, paras. 30 and 31; CED/C/SVK/CO/1, paras. 14 and 15; CED/C/PER/CO/1, paras. 22 and 23; CED/C/AUT/CO/1, paras. 20 and 21; CED/C/GAB/CO/1, paras. 30 and 31; and European Court of Human Rights, Hirsi Jamaa and others v. Italy, Application No. 27765/09, Judgment, 23 February 2012, para. 23."},{"n":71,"text":"A/HRC/50/31, para. 27."},{"n":72,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 51; Human Rights Committee, general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the International Covenant on Civil and Political Rights, para. 10; and European Court of Human Rights, Hirsi Jamaa and others v. Italy, paras. 76–82."},{"n":73,"text":"A/HRC/37/50, para. 57; and European Court of Human Rights, Hirsi Jamaa and others v. Italy, para. 129."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"],"citedArticles":[{"treaty":"CED","article":"16","paragraph":"1","source":"regex"}]},{"id":"ced-c-gc-1-0032","docId":"ced-c-gc-1","idx":32,"n":32,"text":"32. The principle of non-refoulement requires States parties to ensure that each person’s case is examined individually, impartially and independently by competent administrative and judicial authorities, in conformity with international due process standards.[[fn:74]] This process should include an assessment of whether there is a risk of the person being transferred on to a third country where they may be subjected to enforced disappearance (“chain refoulement”).[[fn:75]] Lists of “safe countries” must not be used as an alternative to individual assessments of risk.[[fn:76]] Moreover, any diplomatic assurances must be evaluated with the utmost care.[[fn:77]] A decision to return any individuals after such an assessment must be communicated to the migrants in a language that they understand, and in writing if requested,[[fn:78]] and must be subject to an appeal, with suspensive effect, before an independent and impartial authority.[[fn:79]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":74,"text":"See E.L.A. v. France (CED/C/19/D/3/2019); CED/C/NER/CO/1, para. 27 (b); CED/C/CHE/CO/1, paras. 23 and 24; CED/C/ITA/CO/1, paras. 26 and 27; CED/C/PER/CO/1, paras. 22 and 23; CED/C/AUT/CO/1, paras. 20 and 21; CED/C/GAB/CO/1, paras. 30 and 31; and European Court of Human Rights, K.I. v. France, Application No. 5560/19, Judgment, 15 April 2021."},{"n":75,"text":"CED/C/GRC/CO/1, para. 29 (d); CED/C/CHE/CO/1, paras. 23 and 24; and European Court of Human Rights, M.A. and others v. Bulgaria, Application No. 5115/18, Judgment, 20 February 2020, paras. 79–84. For examples of chain refoulement, see A/HRC/47/30, paras. 56–66."},{"n":76,"text":"CED/C/GRC/CO/1, para. 29 (d)."},{"n":77,"text":"Committee against Torture, general comment No. 4 (2017) on the implementation of article 3 in the context of article 22, paras. 19 and 20; CED/C/PAN/CO/1, paras. 22 and 23; and CED/C/KAZ/CO/1, paras. 17 and 18."},{"n":78,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 52."},{"n":79,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 64; CED/C/NER/CO/1, para. 27 (c); CED/C/FRA/CO/1, para. 27; CED/C/MNG/CO/1, paras. 30 and 31; CED/C/SVK/CO/1, paras. 14 and 15; CED/C/PER/CO/1, paras. 22 and 23; and CED/C/GRC/CO/1, para. 29 (c)."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"]},{"id":"ced-c-gc-1-0033","docId":"ced-c-gc-1","idx":33,"n":33,"text":"33. To ensure respect for the principle of non-refoulement in practice, States parties should build the institutional capacity necessary to conduct individual assessments, with duly trained personnel and adequate funding, and consider establishing national independent border monitoring mechanisms.[[fn:80]] Furthermore, States parties should provide training to border officials and staff involved in asylum, return, surrender or extradition procedures and to law enforcement officials, in general, on the concept of enforced disappearance and on the assessment of the related risks.[[fn:81]]","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":80,"text":"See Recommended Principles and Guidelines on Human Rights at International Borders; A/HRC/47/30; A/HRC/50/31; and CRC/C/GRC/CO/4-6."},{"n":81,"text":"A/HRC/37/50, para. 77; and CED/C/GRC/CO/1, para. 29 (e)."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"]},{"id":"ced-c-gc-1-0034","docId":"ced-c-gc-1","idx":34,"n":34,"text":"34. The Committee calls upon States parties to avoid indirect refoulement resulting from the creation of conditions that leave migrants no option but to return to a country where there are substantial grounds to believe that they would be in danger of being subjected to enforced disappearance or transferred to another country where they would face such a risk.[[fn:82]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":82,"text":"A/HRC/37/50, para. 43."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"]},{"id":"ced-c-gc-1-0035","docId":"ced-c-gc-1","idx":35,"n":35,"text":"35. Pushbacks, and any other form of collective expulsion that do not allow for an individual assessment, constitute a flagrant violation of article 16 of the Convention.[[fn:83]] In the absence of an internationally agreed legal definition of the term, the Committee considers that pushbacks constitute measures taken by States, sometimes involving third countries or non-State actors, which result in migrants being summarily forced back, without an individual assessment of their human rights protection needs, to the country or territory, or to sea, whether it be territorial waters or international waters, from where they attempted to cross or crossed an international border.[[fn:84]] The Committee is of the view that, when pushbacks involve the deprivation of liberty of migrants and the concealment of their fate or whereabouts, they amount to enforced disappearance within the meaning of article 2 of the Convention, regardless of the duration of the deprivation of liberty. They may also constitute a violation of articles 17 and 18, which prohibit secret detention and guarantee the right of access to information about persons deprived of their liberty, and of other articles of the Convention, depending on the circumstances. The same applies to cases where pushbacks are carried out by non-State actors or intergovernmental organizations that act with the support, authorization or acquiescence of the State party. In addition, the seizure and destruction of individuals’ personal belongings, identity documents or mobile phones after their apprehension may lead to enforced disappearance, given that individuals are left without any means to communicate their whereabouts to relatives or prove their identity.[[fn:85]]","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":83,"text":"CED/C/CRI/CO/1, paras. 28 and 29."},{"n":84,"text":"A/HRC/47/30, para. 34. See also Council of Europe, Pushed Beyond the Limits: Four Areas for Urgent Action to End Human Rights Violations at Europe’s Borders – Recommendation by the Council of Europe Commissioner for Human Rights (Strasbourg, 2022), p. 16."},{"n":85,"text":"CED/C/GRC/CO/1, para. 28 (a); CED/C/MEX/VR/1 (Findings), paras. 19 and 20; and European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, report to the Government of Greece on the visit to Greece from 13 to 17 March 2020, para. 56."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"],"citedArticles":[{"treaty":"CED","article":"16","source":"regex"},{"treaty":"CED","article":"2","source":"regex"},{"treaty":"CED","article":"17","source":"regex"},{"treaty":"CED","article":"18","source":"regex"}]},{"id":"ced-c-gc-1-0036","docId":"ced-c-gc-1","idx":36,"n":36,"text":"36. By obstructing access to applicable legal frameworks and procedural safeguards, pushbacks place migrants outside the protection of the law, make them vulnerable and may result in human rights violations incompatible with States’ obligations under international human rights law.[[fn:86]] Such obligations concern not only the prohibition of refoulement and collective expulsion,[[fn:87]] but also the prohibition of torture and other cruel, inhuman or degrading treatment or punishment,[[fn:88]] the right to liberty[[fn:89]] and the right to life.[[fn:90]] Pushbacks that do not involve the deprivation of liberty also raise grave concerns because they effectively remove the persons subjected to them from any protection of the law and contribute to a risk of disappearance. The Committee strongly urges States parties to refrain from such practices, including chain pushbacks, and from indirect pushbacks that result from a deliberate failure to search and rescue at sea or on land.[[fn:91]] States parties, therefore, must refrain from conducting pushbacks, must effectively investigate, prosecute and punish any allegations of such practices and must not deny their occurrence.[[fn:92]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":86,"text":"Article 4 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto as amended by Protocol No. 11; article 22 (9) of the American Convention on Human Rights; article 12 (5) of the African Charter on Human and Peoples’ Rights; and article 26 (2) of the Arab Charter on Human Rights."},{"n":87,"text":"European Court of Human Rights, Hirsi Jamaa and others v. Italy, paras. 185 and 186; N.D. and N.T. v. Spain, Applications No. 8675/15 and No. 8697/15, Judgment, 13 February 2020; and Shahzad v. Hungary, Application No. 12625/17, Judgment, 8 July 2021."},{"n":88,"text":"A/HRC/37/50, paras. 52 and 53; and European Court of Human Rights, Hirsi Jamaa and others v. Italy."},{"n":89,"text":"Inter-American Commission on Human Rights, Haitian Centre for Human Rights and others v. United States of America, Case No. 10.675, Decision on the Merits, 13 March 1997, para. 169."},{"n":90,"text":"European Court of Human Rights, Safi and others v. Greece, Application No. 5418/15, Judgment, 7 July 2022."},{"n":91,"text":"A/HRC/47/30, paras. 72–75. See also OHCHR, “‘Lethal disregard’”; and Human Rights Committee, A.S. et al. v. Italy (CCPR/C/130/D/3042/2017)."},{"n":92,"text":"CED/C/GRC/CO/1, para. 29 (a)."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"]},{"id":"ced-c-gc-1-0037","docId":"ced-c-gc-1","idx":37,"n":37,"text":"37. The Committee recalls that the obligations to search for disappeared persons, conduct effective investigations into cases of alleged disappearance, including those falling within article 3 of the Convention, and prosecute and punish perpetrators are fundamental to ending this heinous crime and preventing its reoccurrence. In migration contexts, cases of disappearance are often not reported, for example, owing to obstacles faced by relatives living in another country, language, cultural or knowledge barriers and fear among relatives or witnesses who may themselves have an irregular migratory status.[[fn:93]] Authorities should initiate the search and investigation ex officio as soon as they become aware of or have indications, through any means, that a person has been subjected to disappearance.[[fn:94]] The burden of proof should not be on the victims or relatives.[[fn:95]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":93,"text":"CED/C/MEX/VR/1 (Recommendations), para. 36."},{"n":94,"text":"Guiding Principles for the Search for Disappeared Persons, principles 6 and 9; A/HRC/36/39/Add.2, paras. 67 and 70; Human Rights Committee, general comment No. 36 (2018), para. 58; and CED/C/ITA/CO/1, para. 23."},{"n":95,"text":"Inter-American Court of Human Rights, Gómez Palomino v. Peru, Judgment on Merits, Reparations and Costs, 22 November 2005, para. 106."}],"section":["IV. Obligations to search and investigate"],"citedArticles":[{"treaty":"CED","article":"3","source":"regex"}]},{"id":"ced-c-gc-1-0038","docId":"ced-c-gc-1","idx":38,"n":38,"text":"38. All individuals, irrespective of their migratory status, must be guaranteed the right to report an enforced disappearance (art. 12 (1)). For the right to report to be effective, States parties should endeavour to raise awareness about existing reporting mechanisms and provide professional interpreters whenever necessary.[[fn:96]] Moreover, witnesses or relatives must be able to report disappearance without fear of reprisals, including deportation or deprivation of liberty. States parties should therefore create functional and accessible mechanisms to enable the reporting of a disappearance from another country, and promptly alert the competent authorities of the country in which the alleged disappearance took place.[[fn:97]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":96,"text":"CED/C/MEX/VR/1 (Recommendations), para. 52."},{"n":97,"text":"Guiding Principles for the Search for Disappeared Persons, principles 5 and 9; A/HRC/36/39/Add.2, paras. 51, 54, 67–69, 77 and 78; and Human Rights Committee, general comment No. 36 (2018), para. 58."}],"section":["IV. Obligations to search and investigate"],"citedArticles":[{"treaty":"CED","article":"12","paragraph":"1","source":"regex"}]},{"id":"ced-c-gc-1-0039","docId":"ced-c-gc-1","idx":39,"n":39,"text":"39. To ensure the effectiveness of the search, States parties should implement the Committee’s Guiding Principles for the Search for Disappeared Persons and other international standards.[[fn:98]] The search should be conducted under the presumption that the person is alive; respect human dignity at every stage; be governed by a public policy; follow a differential approach; respect the right to participation; begin without delay; continue until the disappeared person’s fate and whereabouts have been determined with certainty; be conducted on the basis of a comprehensive strategy; take into account the particular vulnerability of migrants; be organized efficiently; use information in an appropriate manner; be coordinated; reinforce the criminal investigation; be carried out safely; be independent and impartial; and be governed by public protocols. Investigations of cases of the disappearance of migrants must be transparent, thorough and impartial and must adopt a differential approach that considers the structural vulnerability of migrants and the intersectional vulnerability of particular groups of migrants, such as women, children, members of LGBTQI+ communities and those belonging to certain ethnic or racial groups.[[fn:99]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":98,"text":"For example, the Minnesota Protocol on the Investigation of Potentially Unlawful Death."},{"n":99,"text":"A/HRC/45/13/Add.3, paras. 87–89."}],"section":["IV. Obligations to search and investigate"]},{"id":"ced-c-gc-1-0040","docId":"ced-c-gc-1","idx":40,"n":40,"text":"40. When investigating cases of the disappearance of migrants, States should have a clear and comprehensive investigation strategy that guarantees the exhaustiveness and impartiality of the investigation and includes contextual analysis. Once the perpetrators have been identified, they should be prosecuted and punished in accordance with the gravity of the crime, and the situation of vulnerability of migrants should be considered an aggravating circumstance. States parties applying a statute of limitations must take into account the fact that enforced disappearance is a continuous crime and that the term of limitation for criminal proceedings commences from the moment when the offence of enforced disappearance ceases. States parties must also take all the measures necessary to establish their competence to exercise jurisdiction over the offence of enforced disappearance occurring outside their territory, as provided for in article 9 of the Convention.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["IV. Obligations to search and investigate"],"citedArticles":[{"treaty":"CED","article":"9","source":"regex"}]},{"id":"ced-c-gc-1-0041","docId":"ced-c-gc-1","idx":41,"n":41,"text":"41. To facilitate search and investigation, States parties should ensure effective inter-institutional cooperation and coordination at the national level and among institutions from countries of origin, transit, destination and return.[[fn:100]] Moreover, States parties should strive to create standardized protocols for search and investigation in cases of disappeared migrants across States[[fn:101]] and enable the exchange of all relevant information, including national registers of disappeared persons and DNA databases, while respecting international standards on data protection and privacy and not exposing migrants to further risk. States parties must ensure that all competent institutions are adequately funded and equipped and have the necessary properly trained personnel.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":100,"text":"CED/C/GRC/CO/1, para. 27 (c)."},{"n":101,"text":"See, for example, ICRC, “Core dataset for the search for missing migrants”."}],"section":["IV. Obligations to search and investigate"]},{"id":"ced-c-gc-1-0042","docId":"ced-c-gc-1","idx":42,"n":42,"text":"42. States parties must ensure that the relatives of disappeared migrants, their representatives and any other person with a legitimate interest, irrespective of where they reside, are able and supported to gain access to information without delay and to take part in all stages of the search and investigation if they so wish.[[fn:102]] In the course of the search and investigation process, States parties should use information provided by relatives, civil society organizations, international organizations and other States that has been gathered through the innovative use of information and communications technology.[[fn:103]]","labels":[],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":102,"text":"CED/C/GRC/CO/1, para. 27 (e); and CED/C/HND/CO/1, para. 25 (c)."},{"n":103,"text":"Border Violence Monitoring Network, “EU Member States’ use of new technologies”, paras. 16–28."}],"section":["IV. Obligations to search and investigate"]},{"id":"ced-c-gc-1-0043","docId":"ced-c-gc-1","idx":43,"n":43,"text":"43. States parties should take all appropriate measures to search for, identify and return the remains of migrants who are found dead along migratory routes. To this end, States parties should investigate allegations of deaths along migratory routes and the existence of clandestine mass graves and establish a register of remains found. Exhumations of such sites must be conducted in full compliance with international standards.[[fn:104]] To facilitate the search for and the identification of remains, States parties should establish centralized DNA databases that contain the necessary genetic data, as well as ante-mortem and post-mortem information, and should promote the establishment of agreements, mechanisms and practices with all relevant countries – of possible origin, transit, destination and return – to multiply the options for DNA data matches concerning unidentified human remains.[[fn:105]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":104,"text":"A/HRC/36/39/Add.2, para. 69; Melanie Klinkner and Ellie Smith, The Bournemouth Protocol on Mass Grave Protection and Investigation (Bournemouth, Bournemouth University, 2020); and International Commission on Missing Persons, “Investigatory standards”."},{"n":105,"text":"CED/C/GRC/CO/1, para. 27 (d). See also International Commission on Missing Persons, The Missing: An Agenda for the Future – Conference Report (The Hague, 2014)."}],"section":["IV. Obligations to search and investigate"]},{"id":"ced-c-gc-1-0044","docId":"ced-c-gc-1","idx":44,"n":44,"text":"44. States parties have an obligation to ensure that all victims of enforced disappearance have access to their rights to truth and justice, reparation and guarantees of non-repetition, including when such disappearance occurs in the context of migration. Reparation should be understood in a broad sense that includes restitution, rehabilitation, satisfaction, including restoration of dignity and reputation, and guarantees of non-repetition. In addition, all victims have a right to prompt, fair and adequate compensation (art. 24 (2)–(5)).[[fn:106]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":106,"text":"See also Declaration on the Protection of all Persons from Enforced Disappearance, art. 19; E/CN.4/1998/43, paras. 68–75; CED/C/JPN/CO/1, paras. 25, 26 and 40; CCPR/C/MEX/CO/5, para. 12; and CCPR/C/MEX/CO/6, paras. 29 and 33."}],"section":["V. Victims’ rights"],"citedArticles":[{"treaty":"CED","article":"24","paragraph":"2","source":"regex"}]},{"id":"ced-c-gc-1-0045","docId":"ced-c-gc-1","idx":45,"n":45,"text":"45. In ensuring access to compensation and reparation, States parties must be sensitive to the specific needs of victims, taking into account, inter alia, their sex, sexual orientation, gender identity, age, nationality, ethnic origin, social status, disability, migratory status and other characteristics of the person or their relatives. Such access must be guaranteed for those in any form of union comparable to marriage, even when not recognized under the law of the State party or the country in which relatives are located.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["V. Victims’ rights"]},{"id":"ced-c-gc-1-0046","docId":"ced-c-gc-1","idx":46,"n":46,"text":"46. Specific attention should be given to ensuring the necessary psychosocial and logistical support for relatives of disappeared persons. Relatives should be provided with effective and quick access to humanitarian visas and temporary residence permits, and other measures should be taken to facilitate their participation in the search and investigation and their access to information about their loved ones.[[fn:107]] States parties should ensure that disappeared migrants found alive and their relatives are not deported or expelled because of their irregular migratory status prior to the final decision in criminal proceedings, given that such action may impede access to justice. The right of relatives to take part or be represented in the trial and in the search and investigation must be guaranteed. State authorities must maintain effective communication with relatives, including through the use of new technologies or, where appropriate, diplomatic and consular representation.[[fn:108]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":107,"text":"CED/C/MEX/VR/1 (Recommendations), para. 47."},{"n":108,"text":"CED/C/HND/CO/1, para. 29; CED/C/PAN/CO/1, para. 13; and CED/C/15/3, para. 12. See also A/HRC/54/22/Add.5."}],"section":["V. Victims’ rights"]},{"id":"ced-c-gc-1-0047","docId":"ced-c-gc-1","idx":47,"n":47,"text":"47. States parties should remove or simplify the administrative procedures in place for migrant victims of enforced disappearance found alive and the relatives of forcibly disappeared persons to obtain access to appropriate victim support services before, during and, for an appropriate time, after proceedings. To achieve this, the creation of emergency funds aimed at covering the immediate economic expenses of relatives in the search process is fundamental, as is the ongoing training of civil servants in public institutions, including consular authorities, on issues of psychosocial approach, intersectional, intercultural and gender perspectives and the context of forced migration, in order to ensure that relatives are treated in a dignified manner and to avoid their revictimization. Training should also include addressing the specific needs of migrants who disappeared as a result of trafficking in persons[[fn:109]] or illegal adoption.[[fn:110]] State bodies should also have a specialized system of care in place to provide relatives with social and psychological support, legal advice and medical care in a language that they understand.[[fn:111]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":109,"text":"CED/C/GAB/CO/1, para. 19. See also the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; and Committee on the Elimination of Discrimination against Women, general recommendation No. 38 (2020)."},{"n":110,"text":"See CED/C/9."},{"n":111,"text":"Equipo de Estudios Comunitarios y Acción Psicosocial, Normas Mínimas desde la Perspectiva Psicosocial para los Procesos de Búsqueda de Personas Migrantes Desaparecidas: Mesa de Discusión en Centroamérica y México 2016–2019 (Guatemala City, 2019), p. 20."}],"section":["V. Victims’ rights"]},{"id":"ced-c-gc-1-0048","docId":"ced-c-gc-1","idx":48,"n":48,"text":"48. States parties should use inter-State cooperation mechanisms to ensure continuity in the enjoyment of victims’ rights as they migrate from one State party to another, but also after they arrive in their country of destination or return to their country of origin.[[fn:112]] Cooperation instruments should not be limited to the search, but should include all processes derived from the investigation, including locating and releasing disappeared persons from deprivation of liberty and exhuming, identifying and returning remains, ensuring their repatriation where necessary.[[fn:113]] The repatriation of bodies must be timely and without cost to relatives and must follow strict protocols with regard to notification in order to avoid revictimization.[[fn:114]] Whenever requested, consular offices or embassies should play a crucial role in facilitating communication with relatives based abroad. Efficient communication channels should be established between consular authorities in the country in which the person disappeared and all the national authorities of that country that may be able to provide information about the disappeared person, including prosecution authorities, places of deprivation of liberty, shelters, other consular missions, hospitals and communities of migrants abroad.[[fn:115]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":112,"text":"A/73/178/Rev.1, para. 51; CED/C/MEX/CO/1, paras. 23 and 24; and CED/C/HND/CO/1, paras. 28 and 29."},{"n":113,"text":"See articles 14 and 15 of the Convention. See also CED/C/19/2, para. 14; CED/C/AUT/CO/1, para. 17; and CED/C/JPN/CO/1, paras. 27 and 28."},{"n":114,"text":"Guiding Principles for the Search for Disappeared Persons, principle 2 (4)."},{"n":115,"text":"Regional Conference on Migration, “Recommendations on regional coordination and information exchange mechanisms in the search for missing persons in the context of migration” (2022), p. 18: “Consular missions, together with relevant authorities from the country where the person disappeared, are responsible for conducting a search for the person reported as missing. To this end, they should establish a network for immediate communication with prosecution authorities, detention centers, shelters, other consular missions, hospitals, communities of migrants abroad, etc. in order to activate the search. In addition, it is important to continue with the proactive practice of maintaining contact with the instances described above to be able to identify cases that have not been reported at their consular offices.” Available at https://temas.crmsv.org/sites/default/files/Documentos%20Files/chld8_recomendaciones_ busqueda_de_personas_desaparecidas_en_el_contexto_migratorio_eng_0.pdf."}],"section":["V. Victims’ rights"]},{"id":"ced-c-gc-1-0049","docId":"ced-c-gc-1","idx":49,"n":49,"text":"49. Considering the situation of special vulnerability of relatives of disappeared persons, States parties must eliminate any harmful practices that limit or hamper their right to form and participate freely in organizations and associations focused on attempting to establish the circumstances of cases of enforced disappearance and the fate of disappeared persons in the context of migration, and to assist migrant victims of enforced disappearance.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["V. Victims’ rights"]},{"id":"ced-c-gc-1-0050","docId":"ced-c-gc-1","idx":50,"n":50,"text":"50. States parties should ensure that the programmes that they implement in compliance with article 23 of the Convention include specific elements relating to the prevention, investigation, prosecution and punishment of enforced disappearance in the context of migration. In this context, particular attention should be paid to the concepts of enforced disappearance and non-discrimination,[[fn:116]] to the particular situation of vulnerability and needs of migrants and their relatives and to international cooperation mechanisms. Such training should be provided to law enforcement and civil or military security personnel, medical and forensic personnel, public officials, including border officials and other officials involved in border-control measures and the apprehension or deprivation of liberty of migrants, and other persons who may be involved in the custody or treatment of migrants deprived of their liberty.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":116,"text":"CED/C/MEX/VR/1 (Recommendations), para. 52."}],"section":["VI. Training and cooperation"],"citedArticles":[{"treaty":"CED","article":"23","source":"regex"}]},{"id":"ced-c-gc-1-0051","docId":"ced-c-gc-1","idx":51,"n":51,"text":"51. Given the often transnational nature of migration processes, cooperation and mutual legal assistance among States parties are crucial if they are to comply fully with their obligations under the Convention to prevent and investigate disappearance, search for disappeared persons and ensure the rights of victims. To facilitate cooperation and assistance, States parties should adopt and implement bilateral and multilateral cooperation agreements, enhance existing institutional capacities or establish competent authorities and strengthen their capacities as necessary to ensure the effective coordination of search and investigation efforts, including the prompt and secure exchange of information and documentation that may help to locate persons disappeared during migration.[[fn:117]] Such agreements should be subject to regular review and updated to reflect the requirements of the current circumstances.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":117,"text":"Guiding Principles for the Search for Disappeared Persons, principles 9 (3) and (4), 11 and 12; CED/C/MNE/CO/1, paras. 12–15; and CED/C/ITA/CO/1, paras. 24 and 25."}],"section":["VI. Training and cooperation"]},{"id":"ced-c-gc-1-0052","docId":"ced-c-gc-1","idx":52,"n":52,"text":"52. The Committee calls upon States of origin, transit, destination and return to establish transnational and regional or subregional mechanisms for the search for disappeared migrants to further facilitate the exchange of information and to guarantee access to justice for the victims and their relatives. To facilitate the cross-border exchange of information, the Committee recommends the establishment of notification mechanisms and national contact points in charge of sharing information and communicating with counterparts and relatives.[[fn:118]] In creating such information-exchange mechanisms, States parties should take into account existing mechanisms, protocols and guidelines.[[fn:119]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":118,"text":"Global Compact for Safe, Orderly and Regular Migration, objective 8 (d). See also, for example, ICRC, “Guidelines on coordination and information-exchange mechanisms for the search for missing migrants”."},{"n":119,"text":"ICRC, “Guidelines on coordination and information-exchange mechanisms for the search for missing migrants”; and Regional Conference on Migration, “Recommendations on regional coordination and information exchange mechanisms in the search for missing persons in the context of migration”. The latter recommendations are aimed at supporting States members of the Regional Conference on Migration to optimize existing mechanisms for information exchange as a means of facilitating the search for disappeared migrants. They include a set of criteria for the exchange of information and standardization of processes, including criteria on the collection of data from relatives of disappeared persons, the forensic documentation of unidentified deceased persons, national databases, and data protection (pp. 8–10). Specific recommendations relate to existing information-exchange mechanisms in the region (Mexico, United States of America and Central America; pp. 11–17) and to the role of consular authorities and ministries of foreign affairs in the search for disappeared migrants."}],"section":["VI. Training and cooperation"]},{"id":"ced-c-gc-1-0053","docId":"ced-c-gc-1","idx":53,"n":53,"text":"53. Given the often transnational nature of migration and the focus of articles 15, 24 and 25 (2) and (3) of the Convention on assisting victims, States parties should take all the measures necessary to ensure mutual assistance among all States, in particular in the context of searching for and gathering information contained in the registers and databases of other States, notwithstanding their ratification status.[[fn:120]] In addition, States parties should seek and provide assistance in the collection of data relevant to the disappearance of migrants and to the efforts to protect the human rights of migrants by the United Nations, regional mechanisms and international organizations with special expertise in this area.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":120,"text":"Working Group on Enforced or Involuntary Disappearances, general comment on the right to the truth in relation to enforced disappearance (2010), para. 9; updated set of principles for the protection and promotion of human rights through action to combat impunity, principles 16 and 17; Guiding Principles for the Search for Disappeared Persons, principles 11 and 12; and CED/C/GAB/CO/1, paras. 19 and 20."}],"section":["VI. Training and cooperation"],"citedArticles":[{"treaty":"CED","article":"15","source":"regex"},{"treaty":"CED","article":"24","source":"regex"},{"treaty":"CED","article":"25","paragraph":"2","source":"regex"}]},{"id":"ced-c-gc-1-0054","docId":"ced-c-gc-1","idx":54,"n":54,"text":"54. In some regions, specialized mechanisms have been created to facilitate transnational communication between victims or relatives and the authorities of the State where the disappearance is thought to have occurred.[[fn:121]] The Committee encourages States parties to share good practices and lessons learned, with each other and with non-signatory States, in relation to prevention, search and investigation concerning the disappearance of migrants and to accountability of perpetrators.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":121,"text":"For example, the Mecanismo de Apoyo Exterior, the mechanism for Mexican support abroad in search and investigation activities, between Mexico and States in Central America."}],"section":["VI. Training and cooperation"]},{"id":"ced-c-gc-1-0055","docId":"ced-c-gc-1","idx":55,"n":55,"text":"55. The present general comment should be translated into all national languages and disseminated widely to international, regional and national stakeholders, in particular all branches of government, security forces, migration and border authorities and personnel, medical personnel and social-care professionals, and to organizations of relatives of disappeared migrants, other civil society actors, academia and the media.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["VI. Training and cooperation"]},{"id":"ced-c-gc-1-0056","docId":"ced-c-gc-1","idx":56,"n":56,"text":"56. The Committee encourages all States that have not yet done so to ratify the Convention and to recognize the competence of the Committee under articles 31 and 32.","labels":[],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["VII. Ratification"],"citedArticles":[{"treaty":"CED","article":"31","source":"regex"},{"treaty":"CED","article":"32","source":"regex"}]},{"id":"annotated-cerd-gr12-successorstates-0001","docId":"annotated-cerd-gr12-successorstates","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nEmphasizing the importance of universal participation of States in the International\nTaking into account the emergence of successor States as a result of the dissolution of\nStates,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"isPreamble":true,"preambleSource":"hri-vol-II"},{"id":"annotated-cerd-gr12-successorstates-0002","docId":"annotated-cerd-gr12-successorstates","idx":2,"n":1,"text":"Encourages successor States that have not yet done so to confirm to the Secretary General, as depositary of the International Convention on the Elimination of All Forms of Racial Discrimination, that they continue to be bound by obligations under that Convention, if predecessor States were parties to it;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993},{"id":"annotated-cerd-gr12-successorstates-0003","docId":"annotated-cerd-gr12-successorstates","idx":3,"n":2,"text":"Invites successor States that have not yet done so to accede to the International Convention on the Elimination of All Forms of Racial Discrimination if predecessor States were not parties to it;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993},{"id":"annotated-cerd-gr12-successorstates-0004","docId":"annotated-cerd-gr12-successorstates","idx":4,"n":3,"text":"Invites successor States to consider the importance of making the declaration under article 14, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, recognizing the competence of the Committee on the Elimination of Racial Discrimination to receive and consider individual communications.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"14","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0001","docId":"annotated-cerd-gr15-article4","idx":1,"n":1,"text":"When the International Convention on the Elimination of All Forms of Racial Discrimination was being adopted, article 4 was regarded as central to the struggle against racial discrimination. At that time, there was a widespread fear of the revival of authoritarian ideologies. The proscription of the dissemination of ideas of racial superiority, and of organized activity likely to incite persons to racial violence, was properly regarded as crucial. Since that time, the Committee has received evidence of organized violence based on ethnic origin and the political exploitation of ethnic difference. As a result, implementation of article 4 is now of increased importance.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0002","docId":"annotated-cerd-gr15-article4","idx":2,"n":2,"text":"The Committee recalls its general recommendation VII in which it explained that the provisions of article 4 are of a mandatory character. To satisfy these obligations, States parties have not only to enact appropriate legislation but also to ensure that it is effectively enforced. Because threats and acts of racial violence easily lead to other such acts and generate an atmosphere of hostility, only immediate intervention can meet the obligations of effective response.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0003","docId":"annotated-cerd-gr15-article4","idx":3,"n":3,"text":"Article 4 (a) requires States parties to penalize four categories of misconduct: (i) dissemination of ideas based upon racial superiority or hatred; (ii) incitement to racial hatred; (iii) acts of violence against any race or group of persons of another colour or ethnic origin; and (iv) incitement to such acts.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0004","docId":"annotated-cerd-gr15-article4","idx":4,"n":4,"text":"In the opinion of the Committee, the prohibition of the dissemination of all ideas based upon racial superiority or hatred is compatible with the right to freedom of opinion and expression. This right is embodied in article 19 of the Universal Declaration of Human Rights and is recalled in article 5 (d) (viii) of the International Convention on the Elimination of All Forms of Racial Discrimination. Its relevance to article 4 is noted in the article itself. The citizen’s exercise of this right carries special duties and responsibilities, specified in article 29, paragraph 2, of the Universal Declaration, among which the obligation not to disseminate racist ideas is of particular importance. The Committee wishes, furthermore, to draw to the attention of States parties article 20 of the International Covenant on Civil and Political Rights, according to which any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"article":"19","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 19 to the Universal Declaration of Human Rights, a non-binding instrument."},{"article":"5","paragraph":"d","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5 (d) (viii) of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"4","treaty":"CERD","confidence":"high","source":"opus","rationale":"This is CERD General Recommendation 15 on art. 4; the reference is unambiguously CERD art. 4."},{"article":"29","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 29(2) to 'the Universal Declaration', a non-binding instrument."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 20 of the International Covenant on Civil and Political Rights'."}]},{"id":"annotated-cerd-gr15-article4-0005","docId":"annotated-cerd-gr15-article4","idx":5,"n":5,"text":"Article 4 (a) also penalizes the financing of racist activities, which the Committee takes to include all the activities mentioned in paragraph 3 above, that is to say, activities deriving from ethnic as well as racial differences. The Committee calls upon States parties to investigate whether their national law and its implementation meet this requirement.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0006","docId":"annotated-cerd-gr15-article4","idx":6,"n":6,"text":"Some States have maintained that in their legal order it is inappropriate to declare illegal an organization before its members have promoted or incited racial discrimination. The Committee is of the opinion that article 4 (b) places a greater burden upon such States to be vigilant in proceeding against such organizations at the earliest moment. These organizations, as well as organized and other propaganda activities, have to be declared illegal and prohibited. Participation in these organizations is, of itself, to be punished.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0007","docId":"annotated-cerd-gr15-article4","idx":7,"n":7,"text":"Article 4 (c) of the Convention outlines the obligations of public authorities. Public authorities at all administrative levels, including municipalities, are bound by this paragraph. The Committee holds that States parties must ensure that they observe these obligations and report on this.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"a-50-18-0001","docId":"a-50-18","idx":1,"n":1,"text":"The Committee on the Elimination of Racial Discrimination calls the attention of States parties to the wording of article 3, by which States parties undertake to prevent, prohibit and eradicate all practices of racial segregation and apartheid in territories under their jurisdiction. The reference to apartheid may have been directed exclusively to South Africa, but the article as adopted prohibits all forms of racial segregation in all countries.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1995,"citedArticles":[{"treaty":"CERD","article":"3","source":"regex"}]},{"id":"a-50-18-0002","docId":"a-50-18","idx":2,"n":2,"text":"The Committee believes that the obligation to eradicate all practices of this nature includes the obligation to eradicate the consequences of such practices undertaken or tolerated by previous Governments in the State or imposed by forces outside the State.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1995},{"id":"a-50-18-0003","docId":"a-50-18","idx":3,"n":3,"text":"The Committee observes that while conditions of complete or partial racial segregation may in some countries have been created by governmental policies, a condition of partial segregation may also arise as an unintended by-product of the actions of private persons. In many cities residential patterns are influenced by group differences in income, which are sometimes combined with differences of race, colour, descent and national or ethnic origin, so that inhabitants can be stigmatized and individuals suffer a form of discrimination in which racial grounds are mixed with other grounds.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1995},{"id":"a-50-18-0004","docId":"a-50-18","idx":4,"n":4,"text":"The Committee therefore affirms that a condition of racial segregation can also arise without any initiative or direct involvement by the public authorities. It invites States parties to monitor all trends which can give rise to racial segregation, to work for the eradication of any negative consequences that ensue, and to describe any such action in their periodic reports.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1995},{"id":"annotated-cerd-gr20-article5-0001","docId":"annotated-cerd-gr20-article5","idx":1,"n":1,"text":"Article 5 of the Convention contains the obligation of States parties to guarantee the enjoyment of civil, political, economic, social and cultural rights and freedoms without racial discrimination. Note should be taken that the rights and freedoms mentioned in article 5 do not constitute an exhaustive list. At the head of these rights and freedoms are those deriving from the Charter of the United Nations and the Universal Declaration of Human Rights, as recalled in the preamble to the Convention. Most of these rights have been elaborated in the International Covenants on Human Rights. All States parties are therefore obliged to acknowledge and protect the enjoyment of human rights, but the manner in which these obligations are translated into the legal orders of States parties may differ. Article 5 of the Convention, apart from requiring a guarantee that the exercise of human rights shall be free from racial discrimination, does not of itself create civil, political, economic, social or cultural rights, but assumes the existence and recognition of these rights. The Convention obliges States to prohibit and eliminate racial discrimination in the enjoyment of such human rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"GR20 is the general recommendation on CERD art. 5 and all three instances refer to art. 5 of CERD imposing non-discrimination obligations on civil, political, economic, social and cultural rights."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Second reference in GR20 also explicitly concerns 'article 5 of the Convention' meaning CERD art. 5 on the scope of non-discrimination obligations."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Third reference also explicitly concerns 'Article 5 of the Convention' in the context of CERD GR20, confirmed by home_treaty CERD."}]},{"id":"annotated-cerd-gr20-article5-0002","docId":"annotated-cerd-gr20-article5","idx":2,"n":2,"text":"Whenever a State imposes a restriction upon one of the rights listed in article 5 of the Convention which applies ostensibly to all within its jurisdiction, it must ensure that neither in purpose nor effect is the restriction incompatible with article 1 of the Convention as an integral part of international human rights standards. To ascertain whether this is the case, the Committee is obliged to inquire further to make sure that any such restriction does not entail racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr20-article5-0003","docId":"annotated-cerd-gr20-article5","idx":3,"n":3,"text":"Many of the rights and freedoms mentioned in article 5, such as the right to equal treatment before tribunals, are to be enjoyed by all persons living in a given State; others such as the right to participate in elections, to vote and to stand for election are the rights of citizens.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"annotated-cerd-gr20-article5-0004","docId":"annotated-cerd-gr20-article5","idx":4,"n":4,"text":"The States parties are recommended to report about the non-discriminatory implementation of each of the rights and freedoms referred to in article 5 of the Convention one by one.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"annotated-cerd-gr20-article5-0005","docId":"annotated-cerd-gr20-article5","idx":5,"n":5,"text":"The rights and freedoms referred to in article 5 of the Convention and any similar rights shall be protected by a State party. Such protection may be achieved in different ways, be it by the use of public institutions or through the activities of private institutions. In any case, it is the obligation of the State party concerned to ensure the effective implementation of the Convention and to report thereon under article 9 of the Convention. To the extent that private institutions influence the exercise of rights or the availability of opportunities, the State party must ensure that the result has neither the purpose nor the effect of creating or perpetuating racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"annotated-cerd-gr21-self-determination-0001","docId":"annotated-cerd-gr21-self-determination","idx":1,"n":1,"text":"The Committee notes that ethnic or religious groups or minorities frequently refer to the right to self‑determination as a basis for an alleged right to secession. In this connection the Committee wishes to express the following views.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996},{"id":"annotated-cerd-gr21-self-determination-0002","docId":"annotated-cerd-gr21-self-determination","idx":2,"n":2,"text":"The right to self determination of peoples is a fundamental principle of international law. It is enshrined in Article 1 of the Charter of the United Nations, in article 1 of the International Covenant on Economic, Social and Cultural Rights and article 1 of the International Covenant on Civil and Political Rights, as well as in other international human rights instruments. The International Covenant on Civil and Political Rights provides for the rights of peoples to self determination besides the right of ethnic, religious or linguistic minorities to enjoy their own culture, to profess and practise their own religion or to use their own language.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'Article 1 of the Charter of the United Nations' — the UN Charter is outside the coded treaty list."},{"article":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 1 of the International Covenant on Economic, Social and Cultural Rights'."},{"article":"1","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 1 of the International Covenant on Civil and Political Rights'."}]},{"id":"annotated-cerd-gr21-self-determination-0003","docId":"annotated-cerd-gr21-self-determination","idx":3,"n":3,"text":"The Committee emphasizes that in accordance with the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, approved by the United Nations General Assembly in its resolution 2625 (XXV) of 24 October 1970, it is the duty of States to promote the right to self determination of peoples. But the implementation of the principle of self determination requires every State to promote, through joint and separate action, universal respect for and observance of human rights and fundamental freedoms in accordance with the Charter of the United Nations. In this context the Committee draws the attention of Governments to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by the General Assembly in its resolution 47/135 of 18 December 1992.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996},{"id":"annotated-cerd-gr21-self-determination-0004","docId":"annotated-cerd-gr21-self-determination","idx":4,"n":4,"text":"In respect of the self determination of peoples two aspects have to be distinguished. The right to self determination of peoples has an internal aspect, that is to say, the rights of all peoples to pursue freely their economic, social and cultural development without outside interference. In that respect there exists a link with the right of every citizen to take part in the conduct of public affairs at any level, as referred to in article 5 (c) of the International Convention on the Elimination of All Forms of Racial Discrimination. In consequence, Governments are to represent the whole population without distinction as to race, colour, descent or national or ethnic origin. The external aspect of self determination implies that all peoples have the right to determine freely their political status and their place in the international community based upon the principle of equal rights and exemplified by the liberation of peoples from colonialism and by the prohibition to subject peoples to alien subjugation, domination and exploitation.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"annotated-cerd-gr21-self-determination-0005","docId":"annotated-cerd-gr21-self-determination","idx":5,"n":5,"text":"In order to respect fully the rights of all peoples within a State, Governments are again called upon to adhere to and implement fully the international human rights instruments and in particular the International Convention on the Elimination of All Forms of Racial Discrimination. Concern for the protection of individual rights without discrimination on racial, ethnic, tribal, religious or other grounds must guide the policies of Governments. In accordance with article 2 of the International Convention on the Elimination of All Forms of Racial Discrimination and other relevant international documents, Governments should be sensitive towards the rights of persons belonging to ethnic groups, particularly their right to lead lives of dignity, to preserve their culture, to share equitably in the fruits of national growth and to play their part in the Government of the country of which they are citizens. Also, Governments should consider, within their respective constitutional frameworks, vesting persons belonging to ethnic or linguistic groups comprised of their citizens, where appropriate, with the right to engage in activities which are particularly relevant to the preservation of the identity of such persons or groups.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"annotated-cerd-gr21-self-determination-0006","docId":"annotated-cerd-gr21-self-determination","idx":6,"n":6,"text":"The Committee emphasizes that, in accordance with the Declaration on Friendly Relations, none of the Committee’s actions shall be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self determination of peoples and possessing a Government representing the whole people belonging to the territory, without distinction as to race, creed or colour. In the view of the Committee, international law has not recognized a general right of peoples unilaterally to declare secession from a State. In this respect, the Committee follows the views expressed in An Agenda for Peace (paragraphs 17 and following), namely, that a fragmentation of States may be detrimental to the protection of human rights, as well as to the preservation of peace and security. This does not, however, exclude the possibility of arrangements reached by free agreements of all parties concerned.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996},{"id":"annotated-cerd-gr23-indigenous-0001","docId":"annotated-cerd-gr23-indigenous","idx":1,"n":1,"text":"In the practice of the Committee on the Elimination of Racial Discrimination, in particular in the examination of reports of States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, the situation of indigenous peoples has always been a matter of close attention and concern. In this respect, the Committee has consistently affirmed that discrimination against indigenous peoples falls under the scope of the Convention and that all appropriate means must be taken to combat and eliminate such discrimination.","labels":["Indigenous peoples","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"annotated-cerd-gr23-indigenous-0002","docId":"annotated-cerd-gr23-indigenous","idx":2,"n":2,"text":"The Committee, noting that the General Assembly proclaimed the International Decade of the World’s Indigenous Peoples commencing on 10 December 1994, reaffirms that the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination apply to indigenous peoples.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997},{"id":"annotated-cerd-gr23-indigenous-0003","docId":"annotated-cerd-gr23-indigenous","idx":3,"n":3,"text":"The Committee is conscious of the fact that in many regions of the world indigenous peoples have been, and are still being, discriminated against and deprived of their human rights and fundamental freedoms and in particular that they have lost their land and resources to colonists, commercial companies and State enterprises. Consequently, the preservation of their culture and their historical identity has been and still is jeopardized.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997},{"id":"annotated-cerd-gr23-indigenous-0004","docId":"annotated-cerd-gr23-indigenous","idx":4,"n":4,"text":"The Committee calls in particular upon States parties to:\n(a) Recognize and respect indigenous distinct culture, history, language and way of life as an enrichment of the State’s cultural identity and to promote its preservation;\n(b) Ensure that members of indigenous peoples are free and equal in dignity and rights and free from any discrimination, in particular that based on indigenous origin or identity;\n(c) Provide indigenous peoples with conditions allowing for a sustainable economic and social development compatible with their cultural characteristics;\n(d) Ensure that members of indigenous peoples have equal rights in respect of effective participation in public life and that no decisions directly relating to their rights and interests are taken without their informed consent;\n(e) Ensure that indigenous communities can exercise their rights to practise and revitalize their cultural traditions and customs and to preserve and to practise their languages.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997},{"id":"annotated-cerd-gr23-indigenous-0005","docId":"annotated-cerd-gr23-indigenous","idx":5,"n":5,"text":"The Committee especially calls upon States parties to recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources and, where they have been deprived of their lands and territories traditionally owned or otherwise inhabited or used without their free and informed consent, to take steps to return those lands and territories. Only when this is for factual reasons not possible, the right to restitution should be substituted by the right to just, fair and prompt compensation. Such compensation should as far as possible take the form of lands and territories.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997},{"id":"annotated-cerd-gr23-indigenous-0006","docId":"annotated-cerd-gr23-indigenous","idx":6,"n":6,"text":"The Committee further calls upon States parties with indigenous peoples in their territories to include in their periodic reports full information on the situation of such peoples, taking into account all relevant provisions of the Convention.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997},{"id":"annotated-cerd-gr24-article1-0001","docId":"annotated-cerd-gr24-article1","idx":1,"n":1,"text":"The Committee stresses that, according to the definition given in article 1, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention relates to all persons who belong to different races, national or ethnic groups or to indigenous peoples. If the Committee is to secure the proper consideration of the periodic reports of States parties, it is essential that States parties provide as far as possible the Committee with information on the presence within their territory of such groups.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1999,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr24-article1-0002","docId":"annotated-cerd-gr24-article1","idx":2,"n":2,"text":"It appears from the periodic reports submitted to the Committee under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, and from other information received by the Committee, that a number of States parties recognize the presence on their territory of some national or ethnic groups or indigenous peoples, while disregarding others. Certain criteria should be uniformly applied to all groups, in particular the number of persons concerned, and their being of a race, colour, descent or national or ethnic origin different from the majority or from other groups within the population.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1999,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"annotated-cerd-gr24-article1-0003","docId":"annotated-cerd-gr24-article1","idx":3,"n":3,"text":"Some States parties fail to collect data on the ethnic or national origin of their citizens or of other persons living on their territory, but decide at their own discretion which groups constitute ethnic groups or indigenous peoples that are to be recognized and treated as such. The Committee believes that there is an international standard concerning the specific rights of people belonging to such groups, together with generally recognized norms concerning equal rights for all and non discrimination, including those incorporated in the International Convention on the Elimination of All Forms of Racial Discrimination. At the same time, the Committee draws to the attention of States parties that the application of different criteria in order to determine ethnic groups or indigenous peoples, leading to the recognition of some and refusal to recognize others, may give rise to differing treatment for various groups within a country’s population.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1999},{"id":"annotated-cerd-gr24-article1-0004","docId":"annotated-cerd-gr24-article1","idx":4,"n":4,"text":"The Committee recalls general recommendation IV, which it adopted at its eighth session in 1973, and paragraph 8 of the general guidelines regarding the form and contents of reports to be submitted by States parties under article 9, paragraph 1, of the Convention (CERD/C/70/Rev.3), inviting States parties to endeavour to include in their periodic reports relevant information on the demographic composition of their population, in the light of the provisions of article 1 of the Convention, that is, as appropriate, information on race, colour, descent and national or ethnic origin.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1999,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr25-gender-0001","docId":"annotated-cerd-gr25-gender","idx":1,"n":1,"text":"The Committee notes that racial discrimination does not always affect women and men equally or in the same way. There are circumstances in which racial discrimination only or primarily affects women, or affects women in a different way, or to a different degree than men. Such racial discrimination will often escape detection if there is no explicit recognition or acknowledgement of the different life experiences of women and men, in areas of both public and private life.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr25-gender-0002","docId":"annotated-cerd-gr25-gender","idx":2,"n":2,"text":"Certain forms of racial discrimination may be directed towards women specifically because of their gender, such as sexual violence committed against women members of particular racial or ethnic groups in detention or during armed conflict; the coerced sterilization of indigenous women; abuse of women workers in the informal sector or domestic workers employed abroad by their employers. Racial discrimination may have consequences that affect primarily or only women, such as pregnancy resulting from racial bias‑motivated rape; in some societies women victims of such rape may also be ostracized. Women may also be further hindered by a lack of access to remedies and complaint mechanisms for racial discrimination because of gender‑related impediments, such as gender bias in the legal system and discrimination against women in private spheres of life.","labels":["Indigenous peoples","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr25-gender-0003","docId":"annotated-cerd-gr25-gender","idx":3,"n":3,"text":"Recognizing that some forms of racial discrimination have a unique and specific impact on women, the Committee will endeavour in its work to take into account gender factors or issues which may be interlinked with racial discrimination. The Committee believes that its practices in this regard would benefit from developing, in conjunction with the States parties, a more systematic and consistent approach to evaluating and monitoring racial discrimination against women, as well as the disadvantages, obstacles and difficulties women face in the full exercise and enjoyment of their civil, political, economic, social and cultural rights on grounds of race, colour, descent, or national or ethnic origin.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr25-gender-0004","docId":"annotated-cerd-gr25-gender","idx":4,"n":4,"text":"Accordingly, the Committee, when examining forms of racial discrimination, intends to enhance its efforts to integrate gender perspectives, incorporate gender analysis, and encourage the use of gender inclusive language in its sessional working methods, including its review of reports submitted by States parties, concluding observations, early warning mechanisms and urgent action procedures, and general recommendations.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr25-gender-0005","docId":"annotated-cerd-gr25-gender","idx":5,"n":5,"text":"As part of the methodology for fully taking into account the gender-related dimensions of racial discrimination, the Committee will include in its sessional working methods an analysis of the relationship between gender and racial discrimination, by giving particular consideration to:\n(a) The form and manifestation of racial discrimination;\n(b) The circumstances in which racial discrimination occurs;\n(c) The consequences of racial discrimination; and;\n(d) The availability and accessibility of remedies and complaint mechanisms for racial discrimination.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr25-gender-0006","docId":"annotated-cerd-gr25-gender","idx":6,"n":6,"text":"Noting that reports submitted by States parties often do not contain specific or sufficient information on the implementation of the Convention with respect to women, States parties are requested to describe, as far as possible in quantitative and qualitative terms, factors affecting and difficulties experienced in ensuring the equal enjoyment by women, free from racial discrimination, of rights under the Convention. Data which have been categorized by race or ethnic origin, and which are then disaggregated by gender within those racial or ethnic groups, will allow the States parties and the Committee to identify, compare and take steps to remedy forms of racial discrimination against women that may otherwise go unnoticed and unaddressed.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr27-roma-0001","docId":"annotated-cerd-gr27-roma","idx":1,"n":1,"text":"To review and enact or amend legislation, as appropriate, in order to eliminate all forms of racial discrimination against Roma as against other persons or groups, in accordance with the Convention.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0002","docId":"annotated-cerd-gr27-roma","idx":2,"n":2,"text":"To adopt and implement national strategies and programmes and express determined political will and moral leadership, with a view to improving the situation of Roma and their protection against discrimination by State bodies, as well as by any person or organization.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0003","docId":"annotated-cerd-gr27-roma","idx":3,"n":3,"text":"To respect the wishes of Roma as to the designation they want to be given and the group to which they want to belong.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0004","docId":"annotated-cerd-gr27-roma","idx":4,"n":4,"text":"To ensure that legislation regarding citizenship and naturalization does not discriminate against members of Roma communities.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0005","docId":"annotated-cerd-gr27-roma","idx":5,"n":5,"text":"To take all necessary measures in order to avoid any form of discrimination against immigrants or asylum-seekers of Roma origin.","labels":["Refugees & asylum-seekers","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0006","docId":"annotated-cerd-gr27-roma","idx":6,"n":6,"text":"To take into account, in all programmes and projects planned and implemented and in all measures adopted, the situation of Roma women, who are often victims of double discrimination.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0007","docId":"annotated-cerd-gr27-roma","idx":7,"n":7,"text":"To take appropriate measures to secure for members of Roma communities effective remedies and to ensure that justice is fully and promptly done in cases concerning violations of their fundamental rights and freedoms.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0008","docId":"annotated-cerd-gr27-roma","idx":8,"n":8,"text":"To develop and encourage appropriate modalities of communication and dialogue between Roma communities and central and local authorities.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0009","docId":"annotated-cerd-gr27-roma","idx":9,"n":9,"text":"To endeavour, by encouraging a genuine dialogue, consultations or other appropriate means, to improve the relations between Roma communities and non-Roma communities, in particular at local levels, with a view to promoting tolerance and overcoming prejudices and negative stereotypes on both sides, to promoting efforts for adjustment and adaptation and to avoiding discrimination and ensuring that all persons fully enjoy their human rights and freedoms.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0010","docId":"annotated-cerd-gr27-roma","idx":10,"n":10,"text":"To acknowledge wrongs done during the Second World War to Roma communities by deportation and extermination and consider ways of compensating for them.","labels":["Roma, Gypsies, Sinti and Travellers","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0011","docId":"annotated-cerd-gr27-roma","idx":11,"n":11,"text":"To take the necessary measures, in cooperation with civil society, and initiate projects to develop the political culture and educate the population as a whole in a spirit of non‑discrimination, respect for others and tolerance, in particular concerning Roma.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0012","docId":"annotated-cerd-gr27-roma","idx":12,"n":12,"text":"To ensure protection of the security and integrity of Roma, without any discrimination, by adopting measures for preventing racially motivated acts of violence against them; to ensure prompt action by the police, the prosecutors and the judiciary for investigating and punishing such acts; and to ensure that perpetrators, be they public officials or other persons, do not enjoy any degree of impunity.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["2.  Measures for protection against racial violence"]},{"id":"annotated-cerd-gr27-roma-0013","docId":"annotated-cerd-gr27-roma","idx":13,"n":13,"text":"To take measures to prevent the use of illegal force by the police against Roma, in particular in connection with arrest and detention.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["2.  Measures for protection against racial violence"]},{"id":"annotated-cerd-gr27-roma-0014","docId":"annotated-cerd-gr27-roma","idx":14,"n":14,"text":"To encourage appropriate arrangements for communication and dialogue between the police and Roma communities and associations, with a view to preventing conflicts based on racial prejudice and combating acts of racially motivated violence against members of these communities, as well as against other persons.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["2.  Measures for protection against racial violence"]},{"id":"annotated-cerd-gr27-roma-0015","docId":"annotated-cerd-gr27-roma","idx":15,"n":15,"text":"To encourage recruitment of members of Roma communities into the police and other law enforcement agencies.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["2.  Measures for protection against racial violence"]},{"id":"annotated-cerd-gr27-roma-0016","docId":"annotated-cerd-gr27-roma","idx":16,"n":16,"text":"To promote action in post‑conflict areas, by States parties and from other responsible States or authorities in order to prevent violence against and forced displacement of members of the Roma communities.","labels":["Roma, Gypsies, Sinti and Travellers","Internally displaced persons"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["2.  Measures for protection against racial violence"]},{"id":"annotated-cerd-gr27-roma-0017","docId":"annotated-cerd-gr27-roma","idx":17,"n":17,"text":"To support the inclusion in the school system of all children of Roma origin and to act to reduce drop‑out rates, in particular among Roma girls, and, for these purposes, to cooperate actively with Roma parents, associations and local communities.","labels":["Children","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0018","docId":"annotated-cerd-gr27-roma","idx":18,"n":18,"text":"To prevent and avoid as much as possible the segregation of Roma students, while keeping open the possibility for bilingual or mother‑tongue tuition; to this end, to endeavour to raise the quality of education in all schools and the level of achievement in schools by the minority community, to recruit school personnel from among members of Roma communities and to promote intercultural education.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0019","docId":"annotated-cerd-gr27-roma","idx":19,"n":19,"text":"To consider adopting measures in favour of Roma children, in cooperation with their parents, in the field of education.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0020","docId":"annotated-cerd-gr27-roma","idx":20,"n":20,"text":"To act with determination to eliminate any discrimination or racial harassment of Roma students.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0021","docId":"annotated-cerd-gr27-roma","idx":21,"n":21,"text":"To take the necessary measures to ensure a process of basic education for Roma children of travelling communities, including by admitting them temporarily to local schools, by temporary classes in their places of encampment, or by using new technologies for distance education.","labels":["Children","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0022","docId":"annotated-cerd-gr27-roma","idx":22,"n":22,"text":"To ensure that their programmes, projects and campaigns in the field of education take into account the disadvantaged situation of Roma girls and women.","labels":["Women/girls","Children","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0023","docId":"annotated-cerd-gr27-roma","idx":23,"n":23,"text":"To take urgent and sustained measures in training teachers, educators and assistants from among Roma students.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0024","docId":"annotated-cerd-gr27-roma","idx":24,"n":24,"text":"To act to improve dialogue and communication between the teaching personnel and Roma children, Roma communities and parents, using more often assistants chosen from among the Roma.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0025","docId":"annotated-cerd-gr27-roma","idx":25,"n":25,"text":"To ensure adequate forms and schemes of education for members of Roma communities beyond school age, in order to improve adult literacy among them.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0026","docId":"annotated-cerd-gr27-roma","idx":26,"n":26,"text":"To include in textbooks, at all appropriate levels, chapters about the history and culture of Roma, and encourage and support the publication and distribution of books and other print materials as well as the broadcasting of television and radio programmes, as appropriate, about their history and culture, including in languages spoken by them.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0027","docId":"annotated-cerd-gr27-roma","idx":27,"n":27,"text":"To adopt or make more effective legislation prohibiting discrimination in employment and all discriminatory practices in the labour market affecting members of Roma communities, and to protect them against such practices.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0028","docId":"annotated-cerd-gr27-roma","idx":28,"n":28,"text":"To take special measures to promote the employment of Roma in the public administration and institutions, as well as in private companies.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0029","docId":"annotated-cerd-gr27-roma","idx":29,"n":29,"text":"To adopt and implement, whenever possible, at the central or local level, special measures in favour of Roma in public employment such as public contracting and other activities undertaken or funded by the Government, or training Roma in various skills and professions.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0030","docId":"annotated-cerd-gr27-roma","idx":30,"n":30,"text":"To develop and implement policies and projects aimed at avoiding segregation of Roma communities in housing; to involve Roma communities and associations as partners together with other persons in housing project construction, rehabilitation and maintenance.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0031","docId":"annotated-cerd-gr27-roma","idx":31,"n":31,"text":"To act firmly against any discriminatory practices affecting Roma, mainly by local authorities and private owners, with regard to taking up residence and access to housing; to act firmly against local measures denying residence to and unlawful expulsion of Roma, and to refrain from placing Roma in camps outside populated areas that are isolated and without access to health care and other facilities.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0032","docId":"annotated-cerd-gr27-roma","idx":32,"n":32,"text":"To take the necessary measures, as appropriate, for offering Roma nomadic groups or Travellers camping places for their caravans, with all necessary facilities.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0033","docId":"annotated-cerd-gr27-roma","idx":33,"n":33,"text":"To ensure Roma equal access to health care and social security services and to eliminate any discriminatory practices against them in this field.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0034","docId":"annotated-cerd-gr27-roma","idx":34,"n":34,"text":"To initiate and implement programmes and projects in the field of health for Roma, mainly women and children, having in mind their disadvantaged situation due to extreme poverty and low level of education, as well as to cultural differences; to involve Roma associations and communities and their representatives, mainly women, in designing and implementing health programmes and projects concerning Roma groups.","labels":["Women/girls","Roma, Gypsies, Sinti and Travellers","Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0035","docId":"annotated-cerd-gr27-roma","idx":35,"n":35,"text":"To prevent, eliminate and adequately punish any discriminatory practices concerning the access of members of the Roma communities to all places and services intended for the use of the general public, including restaurants, hotels, theatres and music halls, discotheques and others.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0036","docId":"annotated-cerd-gr27-roma","idx":36,"n":36,"text":"To act as appropriate for the elimination of any ideas of racial or ethnic superiority, of racial hatred and incitement to discrimination and violence against Roma in the media, in accordance with the provisions of the Convention.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["5.  Measures in the field of the media"]},{"id":"annotated-cerd-gr27-roma-0037","docId":"annotated-cerd-gr27-roma","idx":37,"n":37,"text":"To encourage awareness among professionals of all media of the particular responsibility to not disseminate prejudices and to avoid reporting incidents involving individual members of Roma communities in a way which blames such communities as a whole.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["5.  Measures in the field of the media"]},{"id":"annotated-cerd-gr27-roma-0038","docId":"annotated-cerd-gr27-roma","idx":38,"n":38,"text":"To develop educational and media campaigns to educate the public about Roma life, society and culture and the importance of building an inclusive society while respecting the human rights and the identity of the Roma.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["5.  Measures in the field of the media"]},{"id":"annotated-cerd-gr27-roma-0039","docId":"annotated-cerd-gr27-roma","idx":39,"n":39,"text":"To encourage and facilitate access by Roma to the media, including newspapers and television and radio programmes, the establishment of their own media, as well as the training of Roma journalists.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["5.  Measures in the field of the media"]},{"id":"annotated-cerd-gr27-roma-0040","docId":"annotated-cerd-gr27-roma","idx":40,"n":40,"text":"To encourage methods of self‑monitoring by the media, through a code of conduct for media organizations, in order to avoid racial, discriminatory or biased language.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["5.  Measures in the field of the media"]},{"id":"annotated-cerd-gr27-roma-0041","docId":"annotated-cerd-gr27-roma","idx":41,"n":41,"text":"To take the necessary steps, including special measures, to secure equal opportunities for the participation of Roma minorities or groups in all central and local governmental bodies.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0042","docId":"annotated-cerd-gr27-roma","idx":42,"n":42,"text":"To develop modalities and structures of consultation with Roma political parties, associations and representatives, both at central and local levels, when considering issues and adopting decisions on matters of concern to Roma communities.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0043","docId":"annotated-cerd-gr27-roma","idx":43,"n":43,"text":"To involve Roma communities and associations and their representatives at the earliest stages in the development and implementation of policies and programmes affecting them and to ensure sufficient transparency about such policies and programmes.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0044","docId":"annotated-cerd-gr27-roma","idx":44,"n":44,"text":"To promote more awareness among members of Roma communities of the need for their more active participation in public and social life and in promoting their own interests, for instance the education of their children and their participation in professional training.","labels":["Children","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0045","docId":"annotated-cerd-gr27-roma","idx":45,"n":45,"text":"To organize training programmes for Roma public officials and representatives, as well as for prospective candidates to such responsibilities, aimed at improving their political, policy‑making and public administration skills.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0046","docId":"annotated-cerd-gr27-roma","idx":46,"n":46,"text":"States parties include in their periodic reports, in an appropriate form, data about the Roma communities within their jurisdiction, including statistical data about Roma participation in political life and about their economic, social and cultural situation, including from a gender perspective, and information about the implementation of this general recommendation.","labels":["Women/girls","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0047","docId":"annotated-cerd-gr27-roma","idx":47,"n":47,"text":"Intergovernmental organizations, in their projects of cooperation and assistance to the various States parties, as appropriate, address the situation of Roma communities and favour their economic, social and cultural advancement.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0048","docId":"annotated-cerd-gr27-roma","idx":48,"n":48,"text":"The High Commissioner for Human Rights consider establishing a focal point for Roma issues within the Office of the High Commissioner.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0049","docId":"annotated-cerd-gr27-roma","idx":49,"n":49,"text":"The World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance give due consideration to the above recommendations, taking into account the place of the Roma communities among those most disadvantaged and most subject to discrimination in the contemporary world.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr28-followup-conference-0001","docId":"annotated-cerd-gr28-followup-conference","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nWelcoming the adoption of the Durban Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the provisions of General Assembly resolution 56/266 which endorse or are designed to ensure the follow-up of those instruments,\nWelcoming the fact that the instruments adopted at Durban strongly reaffirm all the fundamental values and standards of the International Convention on the Elimination of All Forms of Racial Discrimination,\nRecalling that the Durban Declaration and Programme of Action refer to the International Convention on the Elimination of All Forms of Racial Discrimination as the principal instrument to combat racism, racial discrimination, xenophobia and related intolerance,\nNoting in particular the affirmation in the Durban Declaration that universal adherence to and full implementation of the International Convention on the Elimination of All Forms of Racial Discrimination are of paramount importance for promoting equality and nondiscrimination in the world,\nExpressing its satisfaction at the recognition of the role and contribution of the Committee to the struggle against racial discrimination,\nConscious of its own responsibilities in the follow-up to the World Conference and of the need to strengthen its capacity to undertake these responsibilities,\nStressing the vital role of non-governmental organizations in the struggle against racial discrimination and welcoming their contribution during the World Conference,\nTaking note of the recognition by the World Conference of the important role that national human rights institutions play in combating racism and racial discrimination, and of the need to strengthen such institutions and provide them with greater resources,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"isPreamble":true,"preambleSource":"ohchr-docx"},{"id":"annotated-cerd-gr28-followup-conference-0002","docId":"annotated-cerd-gr28-followup-conference","idx":2,"n":1,"text":"Recommends to States:\nI. Measures to strengthen the implementation of the Convention:\n(a) If they have not yet done so, to accede to the International Convention on the Elimination of All Forms of Racial Discrimination with a view to universal ratification by the year 2005;\n(b) If they have not yet done so, to consider making the optional declaration envisaged under article 14 of the Convention;\n(c) To comply with their reporting obligations under the Convention by presenting reports in a timely manner in conformity with the relevant guidelines;\n(d) To consider withdrawing their reservations to the Convention;\n(e) To make increased efforts to inform the public of the existence of the complaints mechanism under article 14 of the Convention;\n(f) To take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order, in particular in respect of articles 2 to 7 of the Convention;\n(g) To include in their periodic reports information on action plans or other measures they have taken to implement the Durban Declaration and Programme of Action at the national level;\n(h) To disseminate the Durban Declaration and Programme of Action in an appropriate manner and provide the Committee with information on the efforts in this respect under the section of their periodic reports concerning article 7 of the Convention;\nII. Measures to strengthen the functioning of the Committee\n(i) To consider setting up appropriate national monitoring and evaluation mechanisms to ensure that all appropriate steps are taken to follow-up the concluding observations and general recommendations of the Committee;\n(j) To include in their periodic reports to the Committee appropriate information on the follow-up to such concluding observations and recommendations;\n(k) To ratify the amendment to article 8, paragraph 6, of the Convention adopted on 15 January 1992 at the 14th meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111 of 15 December 1992;\n(l) To continue cooperating with the Committee with a view to promoting the effective implementation of the Convention;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"citedArticles":[{"treaty":"CERD","article":"14","source":"regex"},{"treaty":"CERD","article":"14","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"},{"treaty":"CERD","article":"8","source":"regex"}]},{"id":"annotated-cerd-gr28-followup-conference-0003","docId":"annotated-cerd-gr28-followup-conference","idx":3,"n":2,"text":"Also recommends:\n(a) That national human rights institutions assist their respective States to comply with their reporting obligations and closely monitor the follow-up to the concluding observations and recommendations of the Committee;\n(b) That non-governmental organizations continue to provide the Committee in good time with relevant information in order to enhance its cooperation with them;\n(c) That the Office of the High Commissioner for Human Rights continue its efforts to increase awareness of the work of the Committee;\n(d) That the competent United Nations bodies provide the Committee with adequate resources to enable it to discharge its mandate fully;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr28-followup-conference-0004","docId":"annotated-cerd-gr28-followup-conference","idx":4,"n":3,"text":"Expresses its willingness:\n(a) To cooperate fully with all relevant institutions of the United Nations system, in particular the Office of the High Commissioner for Human Rights, in following up the Durban Declaration and Programme of Action;\n(b) To cooperate with the five independent eminent experts to be appointed by the Secretary-General to facilitate the implementation of the recommendations of the Durban Declaration and Programme of Action;\n(c) To coordinate its activities with the other human rights treaty bodies with a view to achieving a more effective follow-up of the Durban Declaration and Programme of Action;\n(d) To take into consideration all aspects of the Durban Declaration and Programme of Action concerning the fulfilment of its mandate.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr29-descent-0001","docId":"annotated-cerd-gr29-descent","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nRecalling the terms of the Universal Declaration of Human Rights according to which all\nhuman beings are born free and equal in dignity and rights and are entitled to the rights and\nfreedoms therein without distinction of any kind, including race, colour, sex, language, religion,\nsocial origin, birth or other status,\nRecalling also the terms of the Vienna Declaration and Programme of Action of the World\nConference on Human Rights according to which it is the duty of States, regardless of political,\neconomic and cultural system, to promote and protect all human rights and fundamental\nfreedoms,\nReaffirming its general recommendation XXVIII in which the Committee expresses\nwholehearted support for the Durban Declaration and Programme of Action of the World\nConference against Racism, Racial Discrimination, Xenophobia and Related Intolerance,\nReaffirming also the condemnation of discrimination against persons of Asian and African\ndescent and indigenous and other forms of descent in the Durban Declaration and Programme of\nAction,\nBasing its action on the provisions of the International Convention on the Elimination of\nAll Forms of Racial Discrimination which seeks to eliminate discrimination based on race,\ncolour, descent, or national or ethnic origin,\nConfirming the consistent view of the Committee that the term “descent” in article 1,\nparagraph 1, the Convention does not solely refer to “race” and has a meaning and application\nwhich complement the other prohibited grounds of discrimination,\nStrongly reaffirming that discrimination based on “descent” includes discrimination against\nmembers of communities based on forms of social stratification such as caste and analogous\nsystems of inherited status which nullify or impair their equal enjoyment of human rights,\nNoting that the existence of such discrimination has become evident from the Committee’s\nexamination of reports of a number of States parties to the Convention,\nHaving organized a thematic discussion on descent-based discrimination and received the\ncontributions of members of the Committee, as well as contributions from some Governments\nand members of other United Nations bodies, notably experts of the Sub-Commission for the\nPromotion and Protection of Human Rights,\nHaving received contributions from a great number of concerned non-governmental\norganizations and individuals, orally and through written information, providing the Committee\nwith further evidence of the extent and persistence of descent-based discrimination in different\nregions of the world,\nConcluding that fresh efforts need to be made as well as existing efforts intensified at the\nlevel of domestic law and practice to eliminate the scourge of descent-based discrimination and\nempower communities affected by it,\nCommending the efforts of those States that have taken measures to eliminate\ndescent-based discrimination and remedy its consequences,\nStrongly encouraging those affected States that have yet to recognize and address this\nphenomenon to take steps to do so,\nRecalling the positive spirit in which the dialogues between the Committee and\nGovernments have been conducted on the question of descent-based discrimination and\nanticipating further such constructive dialogues,\nAttaching the highest importance to its ongoing work in combating all forms of\ndescent-based discrimination,\nStrongly condemning descent-based discrimination, such as discrimination on the basis of\ncaste and analogous systems of inherited status, as a violation of the Convention,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"isPreamble":true,"preambleSource":"hri-vol-II","citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text confirms 'article 1, paragraph 1, the Convention does not solely refer to race' where the Convention is explicitly CERD as stated in the preamble of GR29."}]},{"id":"annotated-cerd-gr29-descent-0002","docId":"annotated-cerd-gr29-descent","idx":2,"n":1,"text":"Measures of a general nature\n(a) Steps to identify those descent-based communities under their jurisdiction who suffer from discrimination, especially on the basis of caste and analogous systems of inherited status, and whose existence may be recognized on the basis of various factors including some or all of the following: inability or restricted ability to alter inherited status; socially enforced restrictions on marriage outside the community; private and public segregation, including in housing and education, access to public spaces, places of worship and public sources of food and water; limitation of freedom to renounce inherited occupations or degrading or hazardous work; subjection to debt bondage; subjection to dehumanizing discourses referring to pollution or untouchability; and generalized lack of respect for their human dignity and equality;\n(b) Consider the incorporation of an explicit prohibition of descent-based discrimination in the national constitution;\n(c) Review and enact or amend legislation in order to outlaw all forms of discrimination based on descent in accordance with the Convention;\n(d) Resolutely implement legislation and other measures already in force;\n(e) Formulate and put into action a comprehensive national strategy with the participation of members of affected communities, including special measures in accordance with articles 1 and 2 of the Convention, in order to eliminate discrimination against members of descent-based groups;\n(f) Adopt special measures in favour of descent-based groups and communities in order to ensure their enjoyment of human rights and fundamental freedoms, in particular concerning access to public functions, employment and education;\n(g) Establish statutory mechanisms, through the strengthening of existing institutions or the creation of specialized institutions, to promote respect for the equal human rights of members of descent-based communities;\n(h) Educate the general public on the importance of affirmative action programmes to address the situation of victims of descent-based discrimination;\n(i) Encourage dialogue between members of descent-based communities and members of other social groups;\n(j) Conduct periodic surveys on the reality of descent-based discrimination and provide disaggregated information in their reports to the Committee on the geographical distribution and economic and social conditions of descent-based communities, including a gender perspective;","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"annotated-cerd-gr29-descent-0003","docId":"annotated-cerd-gr29-descent","idx":3,"n":2,"text":"Multiple discrimination against women members of descent-based communities:\n(k) Take into account, in all programmes and projects planned and implemented and in measures adopted, the situation of women members of the communities, as victims of multiple discrimination, sexual exploitation and forced prostitution;\n(l) Take all measures necessary in order to eliminate multiple discrimination including descent-based discrimination against women, particularly in the areas of personal security, employment and education;\n(m) Provide disaggregated data for the situation of women affected by descent-based discrimination;","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr29-descent-0004","docId":"annotated-cerd-gr29-descent","idx":4,"n":3,"text":"Segregation:\n(n) Monitor and report on trends which give rise to the segregation of descent-based communities and work for the eradication of the negative consequences resulting from such segregation;\n(o) Undertake to prevent, prohibit and eliminate practices of segregation directed against members of descent-based communities including in housing, education and employment;\n(p) Secure for everyone the right of access on an equal and non-discriminatory basis to any place or service intended for use by the general public;\n(q) Take steps to promote mixed communities in which members of affected communities are integrated with other elements of society and ensure that services to such settlements are accessible on an equal basis for all;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr29-descent-0005","docId":"annotated-cerd-gr29-descent","idx":5,"n":4,"text":"Dissemination of hate speech including through the mass media and the Internet:\n(r) Take measures against any dissemination of ideas of caste superiority and inferiority or which attempt to justify violence, hatred or discrimination against descent-based communities;\n(s) Take strict measures against any incitement to discrimination or violence against the communities, including through the Internet;\n(t) Take measures to raise awareness among media professionals of the nature and incidence of descent-based discrimination;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"section":["3.  Segregation"]},{"id":"annotated-cerd-gr29-descent-0006","docId":"annotated-cerd-gr29-descent","idx":6,"n":5,"text":"Administration of justice:\n(u) Take the necessary steps to secure equal access to the justice system for all members of descent-based communities, including by providing legal aid, facilitating of group claims and encouraging non-governmental organizations to defend community rights;\n(v) Ensure, where relevant, that judicial decisions and official actions take the prohibition of descent-based discrimination fully into account;\n(w) Ensure the prosecution of persons who commit crimes against members of descent‑based communities and the provision of adequate compensation for the victims of such crimes;\n(x) Encourage the recruitment of members of descent-based communities into the police and other law enforcement agencies;\n(y) Organize training programmes for public officials and law enforcement agencies with a view to preventing injustices based on prejudice against descent-based communities;\n(z) Encourage and facilitate constructive dialogue between the police and other law enforcement agencies and members of the communities;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr29-descent-0007","docId":"annotated-cerd-gr29-descent","idx":7,"n":6,"text":"Civil and political rights:\n(aa) Ensure that authorities at all levels in the country concerned involve members of descent-based communities in decisions which affect them;\n(bb) Take special and concrete measures to guarantee to members of descent-based communities the right to participate in elections, to vote and stand for election on the basis of equal and universal suffrage, and to have due representation in Government and legislative bodies;\n(cc) Promote awareness among members of the communities of the importance of their active participation in public and political life, and eliminate obstacles to such participation;\n(dd) Organize training programmes to improve the political policy-making and public administration skills of public officials and political representatives who belong to descent-based communities;\n(ee) Take steps to identify areas prone to descent-based violence in order to prevent the recurrence of such violence;\n(ff) Take resolute measures to secure rights of marriage for members of descent-based communities who wish to marry outside the community;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr29-descent-0008","docId":"annotated-cerd-gr29-descent","idx":8,"n":7,"text":"Economic and social rights:\n(gg) Elaborate, adopt and implement plans and programmes of economic and social development on an equal and non-discriminatory basis;\n(hh) Take substantial and effective measures to eradicate poverty among descent-based communities and combat their social exclusion or marginalization;\n(ii) Work with intergovernmental organizations, including international financial institutions, to ensure that development or assistance projects which they support take into account the economic and social situation of members of descent-based communities;\n(jj) Take special measures to promote the employment of members of affected communities in the public and private sectors;\n(kk) Develop or refine legislation and practice specifically prohibiting all discriminatory practices based on descent in employment and the labour market;\n(ll) Take measures against public bodies, private companies and other associations that investigate the descent background of applicants for employment;\n(mm) Take measures against discriminatory practices of local authorities or private owners with regard to residence and access to adequate housing for members of affected communities;\n(nn) Ensure equal access to health care and social security services for members of descent-based communities;\n(oo) Involve affected communities in designing and implementing health programmes and projects;\n(pp) Take measures to address the special vulnerability of children of descent-based communities to exploitative child labour;\n(qq) Take resolute measures to eliminate debt bondage and degrading conditions of labour associated with descent-based discrimination;","labels":["Children","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr29-descent-0009","docId":"annotated-cerd-gr29-descent","idx":9,"n":8,"text":"Right to education:\n(rr) Ensure that public and private education systems include children of all communities and do not exclude any children on the basis of descent;\n(ss) Reduce school drop-out rates for children of all communities, in particular for children of affected communities, with special attention to the situation of girls;\n(tt) Combat discrimination by public or private bodies and any harassment of students who are members of descent-based communities;\n(uu) Take necessary measures in cooperation with civil society to educate the population as a whole in a spirit of non-discrimination and respect for the communities subject to descent-based discrimination;\n(vv) Review all language in textbooks which conveys stereotyped or demeaning images, references, names or opinions concerning descent-based communities and replace it by images, references, names and opinions which convey the message of the inherent dignity of all human beings and their equality of human rights.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"cerd-c-64-misc-11-rev-3-0001","docId":"cerd-c-64-misc-11-rev-3","idx":1,"n":1,"text":"Article 1, paragraph 1, of the Convention defines racial discrimination. Article 1, paragraph 2 provides for the possibility of differentiating between citizens and non-citizens. Article 1, paragraph 3 declares that, concerning nationality, citizenship or naturalization, the legal provisions of States parties must not discriminate against any particular nationality;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-64-misc-11-rev-3-0002","docId":"cerd-c-64-misc-11-rev-3","idx":2,"n":2,"text":"Article 1, paragraph 2, must be construed so as to avoid undermining the basic prohibition of discrimination; hence, it should not be interpreted to detract in any way from the rights and freedoms recognized and enunciated in particular in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004,"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text discusses 'Article 1, paragraph 2' of the Convention (CERD) in a CERD document; the paragraph explicitly interprets CERD art. 1 on racial discrimination definition."}]},{"id":"cerd-c-64-misc-11-rev-3-0003","docId":"cerd-c-64-misc-11-rev-3","idx":3,"n":3,"text":"Article 5 of the Convention incorporates the obligation of States parties to prohibit and eliminate racial discrimination in the enjoyment of civil, political, economic, social and cultural rights. Although some of these rights, such as the right to participate in elections, to vote and to stand for election, may be confined to citizens, human rights are, in principle, to be enjoyed by all persons. States parties are under an obligation to guarantee equality between citizens and non-citizens in the enjoyment of these rights to the extent recognized under international law;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-64-misc-11-rev-3-0004","docId":"cerd-c-64-misc-11-rev-3","idx":4,"n":4,"text":"Under the Convention, differential treatment based on citizenship or immigration status will constitute discrimination if the criteria for such differentiation, judged in the light of the objectives and purposes of the Convention, are not applied pursuant to a legitimate aim, and are not proportional to the achievement of this aim. Differentiation within the scope of article 1, paragraph 4, of the Convention relating to special measures is not considered discriminatory;","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-64-misc-11-rev-3-0005","docId":"cerd-c-64-misc-11-rev-3","idx":5,"n":5,"text":"States parties are under an obligation to report fully upon legislation on non‑citizens and its implementation. Furthermore, States parties should include in their periodic reports, in an appropriate form, socio-economic data on the non-citizen population within their jurisdiction, including data disaggregated by gender and national or ethnic origin;","labels":["Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0006","docId":"cerd-c-64-misc-11-rev-3","idx":6,"n":6,"text":"Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures: Review and revise legislation, as appropriate, in order to guarantee that such legislation is in full compliance with the Convention, in particular regarding the effective enjoyment of the rights mentioned in article 5, without discrimination;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-64-misc-11-rev-3-0007","docId":"cerd-c-64-misc-11-rev-3","idx":7,"n":7,"text":"Ensure that legislative guarantees against racial discrimination apply to non‑citizens regardless of their immigration status, and that the implementation of legislation does not have a discriminatory effect on non-citizens;","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0008","docId":"cerd-c-64-misc-11-rev-3","idx":8,"n":8,"text":"Pay greater attention to the issue of multiple discrimination faced by non-citizens, in particular concerning the children and spouses of non-citizen workers, to refrain from applying different standards of treatment to female non-citizen spouses of citizens and male non‑citizen spouses of citizens, to report on any such practices and to take all necessary steps to address them;","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0009","docId":"cerd-c-64-misc-11-rev-3","idx":9,"n":9,"text":"Ensure that immigration policies do not have the effect of discriminating against persons on the basis of race, colour, descent, or national or ethnic origin;","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0010","docId":"cerd-c-64-misc-11-rev-3","idx":10,"n":10,"text":"Ensure that any measures taken in the fight against terrorism do not discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin and that non-citizens are not subjected to racial or ethnic profiling or stereotyping;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0011","docId":"cerd-c-64-misc-11-rev-3","idx":11,"n":11,"text":"Take steps to address xenophobic attitudes and behaviour towards non-citizens, in particular hate speech and racial violence, and to promote a better understanding of the principle of non-discrimination in respect of the situation of non-citizens;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0012","docId":"cerd-c-64-misc-11-rev-3","idx":12,"n":12,"text":"Take resolute action to counter any tendency to target, stigmatize, stereotype or profile, on the basis of race, colour, descent, and national or ethnic origin, members of “non‑citizen” population groups, especially by politicians, officials, educators and the media, on the Internet and other electronic communications networks and in society at large;","labels":["Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0013","docId":"cerd-c-64-misc-11-rev-3","idx":13,"n":13,"text":"Ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship or naturalization, and to pay due attention to possible barriers to naturalization that may exist for long-term or permanent residents;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0014","docId":"cerd-c-64-misc-11-rev-3","idx":14,"n":14,"text":"Recognize that deprivation of citizenship on the basis of race, colour, descent, or national or ethnic origin is a breach of States parties’ obligations to ensure non-discriminatory enjoyment of the right to nationality;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0015","docId":"cerd-c-64-misc-11-rev-3","idx":15,"n":15,"text":"Take into consideration that in some cases denial of citizenship for long-term or permanent residents could result in creating disadvantage for them in access to employment and social benefits, in violation of the Convention’s anti-discrimination principles;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0016","docId":"cerd-c-64-misc-11-rev-3","idx":16,"n":16,"text":"Reduce statelessness, in particular statelessness among children, by, for example, encouraging their parents to apply for citizenship on their behalf and allowing both parents to transmit their citizenship to their children;","labels":["Children","Refugees & asylum-seekers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0017","docId":"cerd-c-64-misc-11-rev-3","idx":17,"n":17,"text":"Regularize the status of former citizens of predecessor States who now reside within the jurisdiction of the State party;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0018","docId":"cerd-c-64-misc-11-rev-3","idx":18,"n":18,"text":"Ensure that non-citizens enjoy equal protection and recognition before the law and in this context, to take action against racially motivated violence and to ensure the access of victims to effective legal remedies and the right to seek just and adequate reparation for any damage suffered as a result of such violence;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0019","docId":"cerd-c-64-misc-11-rev-3","idx":19,"n":19,"text":"Ensure the security of non-citizens, in particular with regard to arbitrary detention, as well as ensure that conditions in centres for refugees and asylum-seekers meet international standards;","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0020","docId":"cerd-c-64-misc-11-rev-3","idx":20,"n":20,"text":"Ensure that non-citizens detained or arrested in the fight against terrorism are properly protected by domestic law that complies with international human rights, refugee and humanitarian law;","labels":["Refugees & asylum-seekers","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0021","docId":"cerd-c-64-misc-11-rev-3","idx":21,"n":21,"text":"Combat ill-treatment of and discrimination against non-citizens by police and other law enforcement agencies and civil servants by strictly applying relevant legislation and regulations providing for sanctions and by ensuring that all officials dealing with non-citizens receive special training, including training in human rights;","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0022","docId":"cerd-c-64-misc-11-rev-3","idx":22,"n":22,"text":"Introduce in criminal law the provision that committing an offence with racist motivation or aim constitutes an aggravating circumstance allowing for a more severe punishment;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0023","docId":"cerd-c-64-misc-11-rev-3","idx":23,"n":23,"text":"Ensure that claims of racial discrimination brought by non-citizens are investigated thoroughly and that claims made against officials, notably those concerning discriminatory or racist behaviour, are subject to independent and effective scrutiny;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0024","docId":"cerd-c-64-misc-11-rev-3","idx":24,"n":24,"text":"Regulate the burden of proof in civil proceedings involving discrimination based on race, colour, descent, and national or ethnic origin so that once a non-citizen has established a prima facie case that he or she has been a victim of such discrimination, it shall be for the respondent to provide evidence of an objective and reasonable justification for the differential treatment;","labels":["Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0025","docId":"cerd-c-64-misc-11-rev-3","idx":25,"n":25,"text":"Ensure that laws concerning deportation or other forms of removal of non-citizens from the jurisdiction of the State party do not discriminate in purpose or effect among non‑citizens on the basis of race, colour or ethnic or national origin, and that non-citizens have equal access to effective remedies, including the right to challenge expulsion orders, and are allowed effectively to pursue such remedies;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0026","docId":"cerd-c-64-misc-11-rev-3","idx":26,"n":26,"text":"Ensure that non-citizens are not subject to collective expulsion, in particular in situations where there are insufficient guarantees that the personal circumstances of each of the persons concerned have been taken into account;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0027","docId":"cerd-c-64-misc-11-rev-3","idx":27,"n":27,"text":"Ensure that non-citizens are not returned or removed to a country or territory where they are at risk of being subject to serious human rights abuses, including torture and cruel, inhuman or degrading treatment or punishment;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0028","docId":"cerd-c-64-misc-11-rev-3","idx":28,"n":28,"text":"Avoid expulsions of non-citizens, especially of long-term residents, that would result in disproportionate interference with the right to family life;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0029","docId":"cerd-c-64-misc-11-rev-3","idx":29,"n":29,"text":"Remove obstacles that prevent the enjoyment of economic, social and cultural rights by non-citizens, notably in the areas of education, housing, employment and health;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0030","docId":"cerd-c-64-misc-11-rev-3","idx":30,"n":30,"text":"Ensure that public educational institutions are open to non-citizens and children of undocumented immigrants residing in the territory of a State party;","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0031","docId":"cerd-c-64-misc-11-rev-3","idx":31,"n":31,"text":"Avoid segregated schooling and different standards of treatment being applied to non‑citizens on grounds of race, colour, descent, and national or ethnic origin in elementary and secondary school and with respect to access to higher education;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0032","docId":"cerd-c-64-misc-11-rev-3","idx":32,"n":32,"text":"Guarantee the equal enjoyment of the right to adequate housing for citizens and non‑citizens, especially by avoiding segregation in housing and ensuring that housing agencies refrain from engaging in discriminatory practices;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0033","docId":"cerd-c-64-misc-11-rev-3","idx":33,"n":33,"text":"Take measures to eliminate discrimination against non-citizens in relation to working conditions and work requirements, including employment rules and practices with discriminatory purposes or effects;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0034","docId":"cerd-c-64-misc-11-rev-3","idx":34,"n":34,"text":"Take effective measures to prevent and redress the serious problems commonly faced by non-citizen workers, in particular by non-citizen domestic workers, including debt bondage, passport retention, illegal confinement, rape and physical assault;","labels":["Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0035","docId":"cerd-c-64-misc-11-rev-3","idx":35,"n":35,"text":"Recognize that, while States parties may refuse to offer jobs to non-citizens without a work permit, all individuals are entitled to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated;","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0036","docId":"cerd-c-64-misc-11-rev-3","idx":36,"n":36,"text":"Ensure that States parties respect the right of non-citizens to an adequate standard of physical and mental health by, inter alia, refraining from denying or limiting their access to preventive, curative and palliative health services;","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0037","docId":"cerd-c-64-misc-11-rev-3","idx":37,"n":37,"text":"Take the necessary measures to prevent practices that deny non-citizens their cultural identity, such as legal or de facto requirements that non-citizens change their name in order to obtain citizenship, and to take measures to enable non-citizens to preserve and develop their culture;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0038","docId":"cerd-c-64-misc-11-rev-3","idx":38,"n":38,"text":"Ensure the right of non-citizens, without discrimination based on race, colour, descent, and national or ethnic origin, to have access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafés, theatres and parks;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0039","docId":"cerd-c-64-misc-11-rev-3","idx":39,"n":39,"text":"The present general recommendation replaces general recommendation XI (1993).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"a-60-18-0001","docId":"a-60-18","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nRecalling the definition of racial discrimination set out in article 1 of the International\nRecalling the provisions of article 5 (a) of the Convention, under which States parties have\nan obligation to guarantee the right of everyone, without distinction as to race, colour, or national\nor ethnic origin, to equality before the law, notably in the enjoyment of the right to equal\ntreatment before the tribunals and all other organs administering justice,\nRecalling that article 6 of the Convention requires States parties to assure to everyone\nwithin their jurisdiction effective protection and remedies, through the competent national\ntribunals and other State institutions, against any acts of racial discrimination, as well as the right\nto seek from such tribunals just and adequate reparation or satisfaction for any damage suffered\nas a result of such discrimination,\nReferring to paragraph 25 of the declaration adopted by the World Conference\nagainst Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban,\nSouth Africa, in 2001, which expressed “profound repudiation of the racism, racial\ndiscrimination, xenophobia and related intolerance that persist in some States in the functioning\nof the penal system and in the application of the law, as well as in the actions and attitudes of\ninstitutions and individuals responsible for law enforcement, especially where this has\ncontributed to certain groups being overrepresented among persons under detention or\nimprisoned”,\nReferring to the work of the Commission on Human Rights and of the Sub-Commission on\nthe Promotion and Protection of Human Rights (see E/CN.4/Sub.2/2005/7) concerning\ndiscrimination in the criminal justice system,\nBearing in mind the reports of the Special Rapporteur on contemporary forms of racism,\nracial discrimination, xenophobia and related intolerance,\nReferring to the 1951 Convention relating to the Status of Refugees, in particular\narticle 16, which stipulates that “[a] refugee shall have free access to the courts of law on the\nterritory of all Contracting States”,\nBearing in mind the observations relating to the functioning of the system of justice made\nin the Committee’s conclusions concerning reports submitted by States parties and in general\nrecommendations XXVII (2000) on discrimination against Roma, XXIX (2002) on\ndiscrimination based on descent and XXX (2004) on discrimination against non-citizens,\nConvinced that, even though the system of justice may be regarded as impartial and not\naffected by racism, racial discrimination or xenophobia, when racial or ethnic discrimination\ndoes exist in the administration and functioning of the system of justice, it constitutes a\nparticularly serious violation of the rule of law, the principle of equality before the law, the\nprinciple of fair trial and the right to an independent and impartial tribunal, through its direct\neffect on persons belonging to groups which it is the very role of justice to protect,\nConsidering that no country is free from racial discrimination in the administration and\nfunctioning of the criminal justice system, regardless of the type of law applied or the judicial\nsystem in force, whether accusatorial, inquisitorial or mixed,\nConsidering that the risks of discrimination in the administration and functioning of the\ncriminal justice system have increased in recent years, partly as a result of the rise in\nimmigration and population movements, which have prompted prejudice and feelings of\nxenophobia or intolerance among certain sections of the population and certain law enforcement\nofficials, and partly as a result of the security policies and anti-terrorism measures adopted by\nmany States, which among other things have encouraged the emergence of anti-Arab or\nanti-Muslim feelings, or, as a reaction, anti-Semitic feelings, in a number of countries,\nDetermined to combat all forms of discrimination in the administration and functioning of\nthe criminal justice system which may be suffered, in all countries of the world, by persons\nbelonging to racial or ethnic groups, in particular non-citizens - including immigrants, refugees,\nasylum-seekers and stateless persons - Roma/Gypsies, indigenous peoples, displaced\npopulations, persons discriminated against because of their descent, as well as other vulnerable\ngroups which are particularly exposed to exclusion, marginalization and non-integration in\nsociety, paying particular attention to the situation of women and children belonging to the\naforementioned groups, who are susceptible to multiple discrimination because of their race and\nbecause of their sex or their age,\nFormulates the following recommendations addressed to States parties:\nI. GENERAL STEPS\nA. Steps to be taken in order to better gauge the existence and\nextent of racial discrimination in the administration and\nfunctioning of the criminal justice system; the search for\nindicators attesting to such discrimination","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"isPreamble":true,"preambleSource":"hri-vol-II","citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text says 'definition of racial discrimination set out in article 1 of the International [Convention]' - CERD art. 1 defines racial discrimination."},{"article":"5","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text says 'article 5 (a) of the Convention' on equality before the law; in a CERD document the Convention = CERD."},{"article":"6","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text says 'article 6 of the Convention requires States parties to assure...effective protection and remedies...against any acts of racial discrimination' - CERD art. 6."},{"article":"16","treaty":"CERD","confidence":"medium","source":"opus","rationale":"Text is truncated and shows no explicit art. 16 reference, but home_treaty is CERD and the surrounding context is CERD provisions; conservative default to CERD is reasonable."}]},{"id":"a-60-18-0002","docId":"a-60-18","idx":2,"n":1,"text":"States parties should pay the greatest attention to the following possible indicators of racial discrimination:\n(a) The number and percentage of persons belonging to the groups referred to in the last paragraph of the preamble who are victims of aggression or other offences, especially when they are committed by police officers or other State officials;\n(b) The absence or small number of complaints, prosecutions and convictions relating to acts of racial discrimination in the country. Such a statistic should not be viewed as necessarily positive, contrary to the belief of some States. It may also reveal either that victims have inadequate information concerning their rights, or that they fear social censure or reprisals, or that victims with limited resources fear the cost and complexity of the judicial process, or that there is a lack of trust in the police and judicial authorities, or that the authorities are insufficiently alert to or aware of offences involving racism;\n(c) Insufficient or no information on the behaviour of law enforcement personnel vis‑à‑vis persons belonging to the groups referred to in the last paragraph of the preamble;\n(d) The proportionately higher crime rates attributed to persons belonging to those groups, particularly as regards petty street crime and offences related to drugs and prostitution, as indicators of the exclusion or the non‑integration of such persons into society;\n(e) The number and percentage of persons belonging to those groups who are held in prison or preventive detention, including internment centres, penal establishments, psychiatric establishments or holding areas in airports;\n(f) The handing down by the courts of harsher or inappropriate sentences against persons belonging to those groups;\n(g) The insufficient representation of persons belonging to those groups among the ranks of the police, in the system of justice, including judges and jurors, and in other law enforcement departments.","labels":["Persons in street situations","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["I.  GENERAL STEPS","A. Steps to be taken in order to better gauge the existence and","1.  Factual indicators"]},{"id":"a-60-18-0003","docId":"a-60-18","idx":3,"n":2,"text":"In order for these factual indicators to be well known and used, States parties should embark on regular and public collection of information from police, judicial and prison authorities and immigration services, while respecting standards of confidentiality, anonymity and protection of personal data.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["I.  GENERAL STEPS","A. Steps to be taken in order to better gauge the existence and","1.  Factual indicators"]},{"id":"a-60-18-0004","docId":"a-60-18","idx":4,"n":3,"text":"In particular, States parties should have access to comprehensive statistical or other information on complaints, prosecutions and convictions relating to acts of racism and xenophobia, as well as on compensation awarded to the victims of such acts, whether such compensation is paid by the perpetrators of the offences or under State compensation plans financed from public funds.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["I.  GENERAL STEPS","A. Steps to be taken in order to better gauge the existence and","1.  Factual indicators"]},{"id":"a-60-18-0005","docId":"a-60-18","idx":5,"n":4,"text":"The following should be regarded as indicators of potential causes of racial discrimination:\n(a) Any gaps in domestic legislation on racial discrimination. In this regard, States parties should fully comply with the requirements of article 4 of the Convention and criminalize all acts of racism as provided by that article, in particular the dissemination of ideas based on racial superiority or hatred, incitement to racial hatred, violence or incitement to racial violence, but also racist propaganda activities and participation in racist organizations. States parties are also encouraged to incorporate a provision in their criminal legislation to the effect that committing offences for racial reasons generally constitutes an aggravating circumstance;\n(b) The potential indirect discriminatory effects of certain domestic legislation, particularly legislation on terrorism, immigration, nationality, banning or deportation of non‑citizens from a country, as well as legislation that has the effect of penalizing without legitimate grounds certain groups or membership of certain communities. States should seek to eliminate the discriminatory effects of such legislation and in any case to respect the principle of proportionality in its application to persons belonging to the groups referred to in the last paragraph of the preamble.","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["I.  GENERAL STEPS","A. Steps to be taken in order to better gauge the existence and","2.  Legislative indicators"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"a-60-18-0006","docId":"a-60-18","idx":6,"n":5,"text":"States parties should pursue national strategies the objectives of which include the following:\n(a) To eliminate laws that have an impact in terms of racial discrimination, particularly those which target certain groups indirectly by penalizing acts which can be committed only by persons belonging to such groups, or laws that apply only to non‑nationals without legitimate grounds or which do not respect the principle of proportionality;\n(b) To develop, through appropriate education programmes, training in respect for human rights, tolerance and friendship among racial or ethnic groups, as well as sensitization to intercultural relations, for law enforcement officials: police personnel, persons working in the system of justice, prison institutions, psychiatric establishments, social and medical services, etc.;\n(c) To foster dialogue and cooperation between the police and judicial authorities and the representatives of the various groups referred to in the last paragraph of the preamble, in order to combat prejudice and create a relationship of trust;\n(d) To promote proper representation of persons belonging to racial and ethnic groups in the police and the system of justice;\n(e) To ensure respect for, and recognition of the traditional systems of justice of indigenous peoples, in conformity with international human rights law;\n(f) To make the necessary changes to the prison regime for prisoners belonging to the groups referred to in the last paragraph of the preamble, so as to take into account their cultural and religious practices;\n(g) To institute, in situations of mass population movements, the interim measures and arrangements necessary for the operation of the justice system in order to take account of the particularly vulnerable situation of displaced persons, in particular by setting up decentralized courts at the places where the displaced persons are staying or by organizing mobile courts;\n(h) To set up, in post‑conflict situations, plans for the reconstruction of the legal system and the re‑establishment of the rule of law throughout the territory of the countries concerned, by availing themselves, in particular, of the international technical assistance provided by the relevant United Nations entities;\n(i) To implement national strategies or plans of action aimed at the elimination of structural racial discrimination. These long‑term strategies should include specific objectives and actions as well as indicators against which progress can be measured. They should include, in particular, guidelines for prevention, recording, investigation and prosecution of racist or xenophobic incidents, assessment of the level of satisfaction among all communities concerning their relations with the police and the system of justice, and recruitment and promotion in the judicial system of persons belonging to various racial or ethnic groups;\n(j) To entrust an independent national institution with the task of tracking, monitoring and measuring progress made under the national plans of action and guidelines against racial discrimination, identifying undetected manifestations of racial discrimination and submitting recommendations and proposals for improvement.","labels":["Indigenous peoples","Persons deprived of their liberty","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["I.  GENERAL STEPS","B. Strategies to be developed to prevent racial discrimination in the","administration and functioning of the criminal justice system"]},{"id":"a-60-18-0007","docId":"a-60-18","idx":7,"n":6,"text":"In accordance with article 6 of the Convention, States parties are obliged to guarantee the right of every person within their jurisdiction to an effective remedy against the perpetrators of acts of racial discrimination, without discrimination of any kind, whether such acts are committed by private individuals or State officials, as well as the right to seek just and adequate reparation for the damage suffered.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Access to the law and to justice"],"citedArticles":[{"treaty":"CERD","article":"6","source":"regex"}]},{"id":"a-60-18-0008","docId":"a-60-18","idx":8,"n":7,"text":"In order to facilitate access to justice for the victims of racism, States parties should strive to supply the requisite legal information to persons belonging to the most vulnerable social groups, who are often unaware of their rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Access to the law and to justice"]},{"id":"a-60-18-0009","docId":"a-60-18","idx":9,"n":8,"text":"In that regard, States parties should promote, in the areas where such persons live, institutions such as free legal help and advice centres, legal information centres and centres for conciliation and mediation.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Access to the law and to justice"]},{"id":"a-60-18-0010","docId":"a-60-18","idx":10,"n":9,"text":"States parties should also expand their cooperation with associations of lawyers, university institutions, legal advice centres and non‑governmental organizations specializing in protecting the rights of marginalized communities and in the prevention of discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Access to the law and to justice"]},{"id":"a-60-18-0011","docId":"a-60-18","idx":11,"n":10,"text":"States parties should take the necessary steps to ensure that the police services have an adequate and accessible presence in the neighbourhoods, regions, collective facilities, camps or centres where the persons belonging to the groups referred to in the last paragraph of the preamble reside, so that complaints from such persons can be expeditiously received.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B. Reporting of incidents to the authorities","competent for receiving complaints"]},{"id":"a-60-18-0012","docId":"a-60-18","idx":12,"n":11,"text":"The competent services should be instructed to receive the victims of acts of racism in police stations in a satisfactory manner, so that complaints are recorded immediately, investigations are pursued without delay and in an effective, independent and impartial manner, and files relating to racist or xenophobic incidents are retained and incorporated into databases.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B. Reporting of incidents to the authorities","competent for receiving complaints"]},{"id":"a-60-18-0013","docId":"a-60-18","idx":13,"n":12,"text":"Any refusal by a police official to accept a complaint involving an act of racism should lead to disciplinary or penal sanctions, and those sanctions should be increased if corruption is involved.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B. Reporting of incidents to the authorities","competent for receiving complaints"]},{"id":"a-60-18-0014","docId":"a-60-18","idx":14,"n":13,"text":"Conversely, it should be the right and duty of any police official or State employee to refuse to obey orders or instructions that require him or her to commit violations of human rights, particularly those based on racial discrimination. States parties should guarantee the freedom of any official to invoke this right without fear of punishment.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B. Reporting of incidents to the authorities","competent for receiving complaints"]},{"id":"a-60-18-0015","docId":"a-60-18","idx":15,"n":14,"text":"In cases of allegations of torture, ill‑treatment or executions, investigations should be conducted in accordance with the Principles on the Effective Prevention and Investigation of Extra‑legal, Arbitrary and Summary Executions[[fn:1]] and the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.[[fn:2]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"footnotes":[{"n":1,"text":"Recommended by the Economic and Social Council in its resolution 1989/65 of 24 May 1989."},{"n":2,"text":"Recommended by the General Assembly in its resolution 55/89 of 4 December 2000."}],"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B. Reporting of incidents to the authorities","competent for receiving complaints"]},{"id":"a-60-18-0016","docId":"a-60-18","idx":16,"n":15,"text":"States parties should remind public prosecutors and members of the prosecution service of the general importance of prosecuting racist acts, including minor offences committed with racist motives, since any racially motivated offence undermines social cohesion and society as a whole.","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  Initiation of judicial proceedings"]},{"id":"a-60-18-0017","docId":"a-60-18","idx":17,"n":16,"text":"In advance of the initiation of proceedings, States parties could also encourage, with a view to respecting the rights of the victims, the use of parajudicial procedures for conflict resolution, including customary procedures compatible with human rights, mediation or conciliation, which can serve as useful options for the victims of acts of racism and to which less stigma may be attached.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  Initiation of judicial proceedings"]},{"id":"a-60-18-0018","docId":"a-60-18","idx":18,"n":17,"text":"In order to make it easier for the victims of acts of racism to bring actions in the courts, the steps to be taken should include the following:\n(a) Offering procedural status for the victims of racism and xenophobia and associations for the protection of the rights of such victims, such as an opportunity to associate themselves with the criminal proceedings, or other similar procedures that might enable them to assert their rights in the criminal proceedings, at no cost to themselves;\n(b) Granting victims effective judicial cooperation and legal aid, including the assistance of counsel and an interpreter free of charge;\n(c) Ensuring that victims have information about the progress of the proceedings;\n(d) Guaranteeing protection for the victim or the victim’s family against any form of intimidation or reprisals;\n(e) Providing for the possibility of suspending the functions, for the duration of the investigation, of the agents of the State against whom the complaints were made.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  Initiation of judicial proceedings"]},{"id":"a-60-18-0019","docId":"a-60-18","idx":19,"n":18,"text":"In countries where there are assistance and compensation plans for victims, States parties should ensure that such plans are available to all victims without discrimination and regardless of their nationality or residential status.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  Initiation of judicial proceedings"]},{"id":"a-60-18-0020","docId":"a-60-18","idx":20,"n":19,"text":"States parties should ensure that the system of justice:\n(a) Grants a proper place to victims and their families, as well as witnesses, throughout the proceedings, by enabling complainants to be heard by the judges during the examination proceedings and the court hearing, to have access to information, to confront hostile witnesses, to challenge evidence and to be informed of the progress of proceedings;\n(b) Treats the victims of racial discrimination without discrimination or prejudice, while respecting their dignity, through ensuring in particular that hearings, questioning or confrontations are carried out with the necessary sensitivity as far as racism is concerned;\n(c) Guarantees the victim a court judgement within a reasonable period;\n(d) Guarantees victims just and adequate reparation for the material and moral harm suffered as a result of racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","D.  Functioning of the system of justice"]},{"id":"a-60-18-0021","docId":"a-60-18","idx":21,"n":20,"text":"States parties should take the necessary steps to prevent questioning, arrests and searches which are in reality based solely on the physical appearance of a person, that person’s colour or features or membership of a racial or ethnic group, or any profiling which exposes him or her to greater suspicion.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"]},{"id":"a-60-18-0022","docId":"a-60-18","idx":22,"n":21,"text":"States parties should prevent and most severely punish violence, acts of torture, cruel, inhuman or degrading treatment and all violations of human rights affecting persons belonging to the groups referred to in the last paragraph of the preamble which are committed by State officials, particularly police and army personnel, customs authorities, and persons working in airports, penal institutions and social, medical and psychiatric services.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"]},{"id":"a-60-18-0023","docId":"a-60-18","idx":23,"n":22,"text":"States parties should ensure the observance of the general principle of proportionality and strict necessity in recourse to force against persons belonging to the groups referred to in the last paragraph of the preamble, in accordance with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.[[fn:3]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"footnotes":[{"n":3,"text":"Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August-7 September 1990."}],"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"]},{"id":"a-60-18-0024","docId":"a-60-18","idx":24,"n":23,"text":"States parties should also guarantee to all arrested persons, whatever the racial, national or ethnic group to which they belong, enjoyment of the fundamental rights of the defence enshrined in the relevant international human rights instruments (especially the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights), in particular the right not to be arbitrarily arrested or detained, the right to be informed of the reasons for their arrest, the right to the assistance of an interpreter, the right to the assistance of counsel, the right to be brought promptly before a judge or an authority empowered by the law to perform judicial functions, the right to consular protection guaranteed by article 36 of the Vienna Convention on Consular Relations and, in the case of refugees, the right to contact the Office of the United Nations High Commissioner for Refugees.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"],"citedArticles":[{"article":"36","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 36 of the Vienna Convention on Consular Relations' - not a UN human rights treaty in scope."}]},{"id":"a-60-18-0025","docId":"a-60-18","idx":25,"n":24,"text":"As regards persons placed in administrative holding centres or in holding areas in airports, States parties should ensure that they enjoy sufficiently decent living conditions.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"]},{"id":"a-60-18-0026","docId":"a-60-18","idx":26,"n":25,"text":"Lastly, as regards the questioning or arrest of persons belonging to the groups referred to in the last paragraph of the preamble, States parties should bear in mind the special precautions to be taken when dealing with women or minors, because of their particular vulnerability.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"]},{"id":"a-60-18-0027","docId":"a-60-18","idx":27,"n":26,"text":"Bearing in mind statistics which show that persons held awaiting trial include an excessively high number of non‑nationals and persons belonging to the groups referred to in the last paragraph of the preamble, States parties should ensure:\n(a) That the mere fact of belonging to a racial or ethnic group or one of the aforementioned groups is not a sufficient reason, de jure or de facto, to place a person in pretrial detention. Such pretrial detention can be justified only on objective grounds stipulated in the law, such as the risk of flight, the risk that the person might destroy evidence or influence witnesses, or the risk of a serious disturbance of public order;\n(b) That the requirement to deposit a guarantee or financial security in order to obtain release pending trial is applied in a manner appropriate to the situation of persons belonging to such groups, who are often in straitened economic circumstances, so as to prevent this requirement from leading to discrimination against such persons;\n(c) That the guarantees often required of accused persons as a condition of their remaining at liberty pending trial (fixed address, declared employment, stable family ties) are weighed in the light of the insecure situation which may result from their membership of such groups, particularly in the case of women and minors;\n(d) That persons belonging to such groups who are held pending trial enjoy all the rights to which prisoners are entitled under the relevant international norms, and particularly the rights specially adapted to their circumstances: the right to respect for their traditions as regards religion, culture and food, the right to relations with their families, the right to the assistance of an interpreter and, where appropriate, the right to consular assistance.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B.  Pretrial detention"]},{"id":"a-60-18-0028","docId":"a-60-18","idx":28,"n":27,"text":"Prior to the trial, States parties may, where appropriate, give preference to non‑judicial or parajudicial procedures for dealing with the offence, taking into account the cultural or customary background of the perpetrator, especially in the case of persons belonging to indigenous peoples.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement"]},{"id":"a-60-18-0029","docId":"a-60-18","idx":29,"n":28,"text":"In general, States parties must ensure that persons belonging to the groups referred to in the last paragraph of the preamble, like all other persons, enjoy all the guarantees of a fair trial and equality before the law, as enshrined in the relevant international human rights instruments, and specifically.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement"]},{"id":"a-60-18-0030","docId":"a-60-18","idx":30,"n":29,"text":"This right implies that the police authorities, the judicial authorities and other public authorities must be forbidden to express their opinions publicly concerning the guilt of the accused before the court reaches a decision, much less to cast suspicion in advance on the members of a specific racial or ethnic group. These authorities have an obligation to ensure that the mass media do not disseminate information which might stigmatize certain categories of persons, particularly those belonging to the groups referred to in the last paragraph of the preamble.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement","1.  The right to the presumption of innocence"]},{"id":"a-60-18-0031","docId":"a-60-18","idx":31,"n":30,"text":"Effectively guaranteeing these rights implies that States parties must set up a system under which counsel and interpreters will be assigned free of charge, together with legal help or advice and interpretation services for persons belonging to the groups referred to in the last paragraph of the preamble.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement","2.  The right to the assistance of counsel and the right to an interpreter"]},{"id":"a-60-18-0032","docId":"a-60-18","idx":32,"n":31,"text":"States parties should strive firmly to ensure a lack of any racial or xenophobic prejudice on the part of judges, jury members and other judicial personnel.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement","3.  The right to an independent and impartial tribunal"]},{"id":"a-60-18-0033","docId":"a-60-18","idx":33,"n":32,"text":"They should prevent all direct influence by pressure groups, ideologies, religions and churches on the functioning of the system of justice and on the decisions of judges, which may have a discriminatory effect on certain groups.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement","3.  The right to an independent and impartial tribunal"]},{"id":"a-60-18-0034","docId":"a-60-18","idx":34,"n":33,"text":"States parties may, in this regard, take into account the Bangalore Principles of Judicial Conduct adopted in 2002 (E/CN.4/2003/65, annex), which recommend in particular that:\n- Judges should be aware of the diversity of society and differences linked with background, in particular racial origins;\n- They should not, by words or conduct, manifest any bias towards persons or groups on the grounds of their racial or other origin;\n- They should carry out their duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and their colleagues, without unjustified differentiation; and\n- They should oppose the manifestation of prejudice by the persons under their direction and by lawyers or their adoption of discriminatory behaviour towards a person or group on the basis of their colour, racial, national, religious or sexual origin, or on other irrelevant grounds.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement","3.  The right to an independent and impartial tribunal"]},{"id":"a-60-18-0035","docId":"a-60-18","idx":35,"n":34,"text":"In this regard, States should ensure that the courts do not apply harsher punishments solely because of an accused person’s membership of a specific racial or ethnic group.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","D.  Guarantee of fair punishment"]},{"id":"a-60-18-0036","docId":"a-60-18","idx":36,"n":35,"text":"Special attention should be paid in this regard to the system of minimum punishments and obligatory detention applicable to certain offences and to capital punishment in countries which have not abolished it, bearing in mind reports that this punishment is imposed and carried out more frequently against persons belonging to specific racial or ethnic groups.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","D.  Guarantee of fair punishment"]},{"id":"a-60-18-0037","docId":"a-60-18","idx":37,"n":36,"text":"In the case of persons belonging to indigenous peoples, States parties should give preference to alternatives to imprisonment and to other forms of punishment that are better adapted to their legal system, bearing in mind in particular International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","D.  Guarantee of fair punishment"]},{"id":"a-60-18-0038","docId":"a-60-18","idx":38,"n":37,"text":"Punishments targeted exclusively at non‑nationals that are additional to punishments under ordinary law, such as deportation, expulsion or banning from the country concerned, should be imposed only in exceptional circumstances and in a proportionate manner, for serious reasons related to public order which are stipulated in the law, and should take into account the need to respect the private family life of those concerned and the international protection to which they are entitled.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","D.  Guarantee of fair punishment"]},{"id":"a-60-18-0039","docId":"a-60-18","idx":39,"n":38,"text":"When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:\n(a) Guarantee such persons the enjoyment of all the rights to which prisoners are entitled under the relevant international norms, in particular rights specially adapted to their situation: the right to respect for their religious and cultural practices, the right to respect for their customs as regards food, the right to relations with their families, the right to the assistance of an interpreter, the right to basic welfare benefits and, where appropriate, the right to consular assistance. The medical, psychological or social services offered to prisoners should take their cultural background into account;\n(b) Guarantee to all prisoners whose rights have been violated the right to an effective remedy before an independent and impartial authority;\n(c) Comply, in this regard, with the United Nations norms in this field, and particularly the Standard Minimum Rules for the Treatment of Prisoners,[[fn:4]] the Basic Principles for the Treatment of Prisoners[[fn:5]] and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;[[fn:6]]\n(d) Allow such persons to benefit, where appropriate, from the provisions of domestic legislation and international or bilateral conventions relating to the transfer of foreign prisoners, offering them an opportunity to serve the prison term in their countries of origin.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"footnotes":[{"n":4,"text":"Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Geneva, 22 August-3 September 1955, and approved by the Economic and Social Council in its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977."},{"n":5,"text":"Adopted and proclaimed by the General Assembly in its resolution 45/111 of 14 December 1990."},{"n":6,"text":"Adopted by the General Assembly in its resolution 43/173 of 9 December 1988."}],"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","E.  Execution of sentences"]},{"id":"a-60-18-0040","docId":"a-60-18","idx":40,"n":39,"text":"Further, the independent authorities in the States parties that are responsible for supervising prison institutions should include members who have expertise in the field of racial discrimination and sound knowledge of the problems of racial and ethnic groups and the other vulnerable groups referred to in the last paragraph of the preamble; when necessary, such supervisory authorities should have an effective visit and complaint mechanism.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","E.  Execution of sentences"]},{"id":"a-60-18-0041","docId":"a-60-18","idx":41,"n":40,"text":"When non‑nationals are sentenced to deportation, expulsion or banning from their territory, States parties should comply fully with the obligation of non‑refoulement arising out of the international norms concerning refugees and human rights, and ensure that such persons will not be sent back to a country or territory where they would run the risk of serious violations of their human rights.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","E.  Execution of sentences"]},{"id":"a-60-18-0042","docId":"a-60-18","idx":42,"n":41,"text":"Lastly, with regard to women and children belonging to the groups referred to in the last paragraph of the preamble, States parties should pay the greatest attention possible with a view to ensuring that such persons benefit from the special regime to which they are entitled in relation to the execution of sentences, bearing in mind the particular difficulties faced by mothers of families and women belonging to certain communities, particularly indigenous communities.","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","E.  Execution of sentences"]},{"id":"cerd-c-gc-32-0001","docId":"cerd-c-gc-32","idx":1,"n":1,"text":"1. At its seventy-first session, the Committee on the Elimination of Racial Discrimination (“the Committee”) decided to embark upon the task of drafting a new general recommendation on special measures, in light of the difficulties observed in the understanding of such notion. At its seventy-second session, the Committee decided to hold at its next session a thematic discussion on the subject of special measures within the meaning of articles 1, paragraph 4, and 2, paragraph 2 of the International Convention on the Elimination of Racial Discrimination (“the Convention”). The thematic discussion was held on 4 and 5 August 2008 with the participation of States parties to the Convention, representatives of the Committee on the Elimination of Discrimination against Women, the International Labour Organisation (ILO), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and non-governmental organizations. Following the discussion, the Committee renewed its determination to work on a general recommendation on special measures, with the objective of providing overall interpretative guidance on the meaning of the above articles in light of the provisions of the Convention as a whole.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["I. INTRODUCTION","A. Background"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0002","docId":"cerd-c-gc-32","idx":2,"n":2,"text":"2. The general recommendation is based on the Committee’s extensive repertoire of practice referring to special measures under the Convention. Committee practice includes the concluding observations on the reports of States parties to the Convention, communications under article 14, and earlier general recommendations, in particular general recommendation No. 8 (1990) on article 1, paragraphs 1 and 4, of the Convention,[[fn:1]] as well as general recommendation No. 27 (2000) on Discrimination against Roma and general recommendation No. 29 (2002) on article 1, paragraph 1, of the Convention (Descent), both of which make specific reference to special measures.[[fn:2]]","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":1,"text":"Official Records of the General Assembly, Forty-fifth Session, Supplement No. 18 (A/45/18), chap. VII."},{"n":2,"text":"Ibid., Fifty-fifth Session, Supplement No. 18 (A/55/18), annex V. sect. C.; and Fifty-seventh Session, Supplement No. 18 (A/57/18), chap. XI, sect. F."}],"section":["I. INTRODUCTION","B. Principal sources"],"citedArticles":[{"treaty":"CERD","article":"14","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0003","docId":"cerd-c-gc-32","idx":3,"n":3,"text":"3. In drafting the recommendation, the Committee has also taken account of work on special measures completed under the aegis of other United Nations human rights bodies, notably the report by the Special Rapporteur of the Sub-Commission on the Promotion and Protection of Human Rights[[fn:3]] and general recommendation No. 25 (2004) of the Committee on the Elimination of Discrimination against Women on temporary special measures.[[fn:4]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":3,"text":"“The Concept and Practice of Affirmative Action”, Final report submitted by Mr. Marc Bossuyt, Special Rapporteur, in accordance with Sub-Commission resolution 1998/5 (E/CN.4/Sub.2/2002/21)."},{"n":4,"text":"Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 38 (A/59/38), annex I."}],"section":["I. INTRODUCTION","B. Principal sources"]},{"id":"cerd-c-gc-32-0004","docId":"cerd-c-gc-32","idx":4,"n":4,"text":"4. The purpose of the general recommendation is to provide, in the light of the Committee’s experience, practical guidance on the meaning of special measures under the Convention in order to assist States parties in the discharge of their obligations under the Convention, including reporting obligations. Such guidance may be regarded as consolidating the wealth of Committee recommendations to States parties regarding special measures.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["I. INTRODUCTION","C. Purpose"]},{"id":"cerd-c-gc-32-0005","docId":"cerd-c-gc-32","idx":5,"n":5,"text":"The Convention, as the Committee has observed on many occasions, is a living instrument that must be interpreted and applied taking into account the circumstances of contemporary society. This approach makes it imperative to read its text in a context-sensitive manner. The context for the present recommendation includes, in addition to the full text of the Convention including its title, preamble and operative articles, the range of universal human rights standards on the principles of non-discrimination and special measures. Context-sensitive interpretation also includes taking into account the particular circumstances of States parties without prejudice to the universal quality of the norms of the Convention. The nature of the Convention and the broad scope of its provisions imply that, while the conscientious application of Convention principles will produce variations in outcome among States parties, such variations must be fully justifiable in the light of the principles of the Convention. 2 CERD/C/GC/32 page 3","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["I. INTRODUCTION","D. Methodology"]},{"id":"cerd-c-gc-32-0006","docId":"cerd-c-gc-32","idx":6,"n":6,"text":"6. The Convention is based on the principles of the dignity and equality of all human beings. The principle of equality underpinned by the Convention combines formal equality before the law with equal protection of the law, with substantive or de facto equality in the enjoyment and exercise of human rights as the aim to be achieved by the faithful implementation of its principles.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["II. EQUALITY AND NON-DISCRIMINATION AS THE BASIS OF SPECIAL MEASURES","A. Formal and de facto equality"]},{"id":"cerd-c-gc-32-0007","docId":"cerd-c-gc-32","idx":7,"n":7,"text":"7. The principle of enjoyment of human rights on an equal footing is integral to the Convention’s prohibition of discrimination on grounds of race, colour, descent, and national or ethnic origin. The “grounds” of discrimination are extended in practice by the notion of “intersectionality” whereby the Committee addresses situations of double or multiple discrimination - such as discrimination on grounds of gender or religion – when discrimination on such a ground appears to exist in combination with a ground or grounds listed in article 1 of the Convention. Discrimination under the Convention includes purposive or intentional discrimination and discrimination in effect. Discrimination is constituted not simply by an unjustifiable “distinction, exclusion or restriction” but also by an unjustifiable “preference”, making it especially important that States parties distinguish “special measures” from unjustifiable preferences.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["II. EQUALITY AND NON-DISCRIMINATION AS THE BASIS OF SPECIAL MEASURES","B. Direct and indirect discrimination"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0008","docId":"cerd-c-gc-32","idx":8,"n":8,"text":"8. On the core notion of discrimination, in its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee observed that differential treatment will “constitute discrimination if the criteria for such differentiation, judged in the light of the objectives and purposes of the Convention, are not applied pursuant to a legitimate aim, and are not proportional to the achievement of this aim”.[[fn:5]] As a logical corollary of this principle, in its general recommendation No. 14 (1993) on article 1, paragraph 1, of the Convention, the Committee observes that “differentiation of treatment will not constitute discrimination if the criteria for such differentiation, judged against the objectives and purposes of the Convention, are legitimate”.[[fn:6]] The term “non-discrimination” does not signify the necessity of uniform treatment when there are significant differences in situation between one person or group and another, or, in other words, if there is an objective and reasonable justification for differential treatment. To treat in an equal manner persons or groups whose situations are objectively different will constitute discrimination in effect, as will the unequal treatment of persons whose situations are objectively the same. The Committee has also observed that the application of the principle of non-discrimination requires that the characteristics of groups be taken into consideration.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":5,"text":"Ibid., Supplement No. 18 (A/59/18), chap. VII, para. 4."},{"n":6,"text":"Ibid., Forty-eighth Session, Supplement No. 18 (A/48/18), chapter VIII, sect. B."}],"section":["II. EQUALITY AND NON-DISCRIMINATION AS THE BASIS OF SPECIAL MEASURES","B. Direct and indirect discrimination"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0009","docId":"cerd-c-gc-32","idx":9,"n":9,"text":"9. The principle of non-discrimination, according to article 1, paragraph 1, of the Convention, protects the enjoyment on an equal footing of human rights and fundamental freedoms “in the political, economic, social, cultural or any other field of public life”. The list of human rights to which the principle applies under the Convention is not closed and extends to any field of human rights regulated by the public authorities in the State party. The reference to public life does not limit the scope of the non-discrimination principle to acts of the public administration but should be read in the light of the provisions in the Convention mandating measures by States parties to address racial discrimination “by any persons, group or organization”.[[fn:7]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":7,"text":"Article 2, paragraph 1 (d); see also article 2, paragraph 1 (b)."}],"section":["II. EQUALITY AND NON-DISCRIMINATION AS THE BASIS OF SPECIAL MEASURES","C. Scope of the principle of non-discrimination"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0010","docId":"cerd-c-gc-32","idx":10,"n":10,"text":"10. The concepts of equality and non-discrimination in the Convention, and the obligation on States parties to achieve the objectives of the Convention, are further elaborated and developed through the provisions in articles 1, paragraph 4, and 2, paragraph 2, regarding special measures.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["II. EQUALITY AND NON-DISCRIMINATION AS THE BASIS OF SPECIAL MEASURES","C. Scope of the principle of non-discrimination"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0011","docId":"cerd-c-gc-32","idx":11,"n":11,"text":"11. The concept of special measures is based on the principle that laws, policies and practices adopted and implemented in order to fulfil obligations under the Convention require supplementing, when circumstances warrant, by the adoption of temporary special measures designed to secure to disadvantaged groups the full and equal enjoyment of human rights and fundamental freedoms. Special measures are one component in the ensemble of provisions in the Convention dedicated to the objective of eliminating racial discrimination, the successful achievement of which will require the faithful implementation of all Convention provisions.","labels":["Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","A. Objective of special measures: Advancing effective equality"]},{"id":"cerd-c-gc-32-0012","docId":"cerd-c-gc-32","idx":12,"n":12,"text":"12. The terms “special measures” and “special and concrete measures” employed in the Convention may be regarded as functionally equivalent and have an autonomous meaning to be interpreted in the light of the Convention as a whole, which may differ from usage in particular States parties. The term “special measures” includes also measures that in some countries may be described as “affirmative measures”, “affirmative action” or “positive action” in cases where they correspond to the provisions of articles 1, paragraph 4, and 2, paragraph 2, of the Convention, as explained in the following paragraphs. In line with the Convention, the present recommendation employs the terms “special measures” or “special and concrete measures” and encourages States parties to employ terminology that clearly demonstrates the relationship of their laws and practice to these concepts in the Convention. The term “positive discrimination” is, in the context of international human rights standards, a contradictio in terminis and should be avoided.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","B. Autonomous meaning of special measures"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0013","docId":"cerd-c-gc-32","idx":13,"n":13,"text":"13. “Measures” include the full span of legislative, executive, administrative, budgetary and regulatory instruments, at every level in the State apparatus, as well as plans, policies, programmes and preferential regimes in areas such as employment, housing, education, culture and participation in public life for disfavoured groups, devised and implemented on the basis of such instruments. States parties should include, as required in order to fulfil their obligations under the Convention, provisions on special measures in their legal systems, whether through general legislation or legislation directed to specific sectors in the light of the range of human rights referred to in article 5 of the Convention, and through plans, programmes and other policy initiatives referred to above at national, regional and local levels.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","B. Autonomous meaning of special measures"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-32-0014","docId":"cerd-c-gc-32","idx":14,"n":14,"text":"14. The obligation to take special measures is distinct from the general positive obligation of States parties to the Convention to secure human rights and fundamental freedoms on a non-discriminatory basis to persons and groups subject to their jurisdiction; this is a general obligation flowing from the provisions of the Convention as a whole and integral to all parts of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","C. Special measures and other related notions"]},{"id":"cerd-c-gc-32-0015","docId":"cerd-c-gc-32","idx":15,"n":15,"text":"15. Special measures should not be confused with specific rights pertaining to certain categories of person or community, such as, for example the rights of persons belonging to minorities to enjoy their own culture, profess and practise their own religion and use their own language, the rights of indigenous peoples, including rights to lands traditionally occupied by them, and rights of women to non-identical treatment with men, such as the provision of maternity leave, on account of biological differences from men.[[fn:8]] Such rights are permanent rights, recognized as such in human rights instruments, including those adopted in the context of the United Nations and its specialized agencies. States parties should carefully observe distinctions between special measures and permanent human rights in their law and practice. The distinction between special measures and permanent rights implies that those entitled to permanent rights may also enjoy the benefits of special measures.[[fn:9]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":8,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation 25 (note 4 above), paragraph 16."},{"n":9,"text":"See for example paragraph 19 of general recommendation 25 of the Committee on the Elimination of Discrimination against Women (note 4 above), and paragraph 12 of the Recommendations of the Forum on Minority Issues on rights to education (A/HRC/10/11/Add.1)."}],"section":["III. THE CONCEPT OF SPECIAL MEASURES","C. Special measures and other related notions"]},{"id":"cerd-c-gc-32-0016","docId":"cerd-c-gc-32","idx":16,"n":16,"text":"16. Special measures should be appropriate to the situation to be remedied, be legitimate, necessary in a democratic society, respect the principles of fairness and proportionality, and be temporary. The measures should be designed and implemented on the basis of need, grounded in a realistic appraisal of the current situation of the individuals and communities concerned.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","D. Conditions for the adoption and implementation of special measures"]},{"id":"cerd-c-gc-32-0017","docId":"cerd-c-gc-32","idx":17,"n":17,"text":"17. Appraisals of the need for special measures should be carried out on the basis of accurate data, disaggregated by race, colour, descent and ethnic or national origin and incorporating a gender perspective, on the socio-economic and cultural[[fn:10]] status and conditions of the various groups in the population and their participation in the social and economic development of the country.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":10,"text":"Article 2, paragraph 2, includes the term “cultural” as well as “social” and “economic”."}],"section":["III. THE CONCEPT OF SPECIAL MEASURES","D. Conditions for the adoption and implementation of special measures"]},{"id":"cerd-c-gc-32-0018","docId":"cerd-c-gc-32","idx":18,"n":18,"text":"18. States parties should ensure that special measures are designed and implemented on the basis of prior consultation with affected communities and the active participation of such communities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","D. Conditions for the adoption and implementation of special measures"]},{"id":"cerd-c-gc-32-0019","docId":"cerd-c-gc-32","idx":19,"n":19,"text":"19. Article 1, paragraph 4, of the Convention stipulates that “special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved”.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0020","docId":"cerd-c-gc-32","idx":20,"n":20,"text":"20. By employing the phrase “shall not be deemed racial discrimination”, article 1, paragraph 4, of the Convention makes it clear that special measures taken by States parties under the terms of the Convention do not constitute discrimination, a clarification reinforced by the travaux préparatoires of the Convention which record the drafting change from “should not be deemed racial discrimination” to “shall not be deemed racial discrimination”. Accordingly, special measures are not an exception to the principle of non-discrimination but are integral to its meaning and essential to the Convention project of eliminating racial discrimination and advancing human dignity and effective equality.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0021","docId":"cerd-c-gc-32","idx":21,"n":21,"text":"21. In order to conform to the Convention, special measures do not amount to discrimination when taken for the “sole purpose” of ensuring equal enjoyment of human rights and fundamental freedoms. Such a motivation should be made apparent from the nature of the measures themselves, the arguments used by the authorities to justify the measures and the instruments designed to put the measures into effect. The reference to “sole purpose” limits the scope of acceptable motivations for special measures within the terms of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"]},{"id":"cerd-c-gc-32-0022","docId":"cerd-c-gc-32","idx":22,"n":22,"text":"22. The notion of “adequate advancement” in article 1, paragraph 4, implies goal-directed programmes which have the objective of alleviating and remedying disparities in the enjoyment of human rights and fundamental freedoms affecting particular groups and individuals, protecting them from discrimination. Such disparities include but are not confined to persistent or structural disparities and de facto inequalities resulting from the circumstances of history that continue to deny to vulnerable groups and individuals the advantages essential for the full development of the human personality. It is not necessary to prove “historic” discrimination in order to validate a programme of special measures; the emphasis should be placed on correcting present disparities and on preventing further imbalances from arising.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0023","docId":"cerd-c-gc-32","idx":23,"n":23,"text":"23. The term “protection” in the same paragraph signifies protection from violations of human rights emanating from any source, including discriminatory activities of private persons, in order to ensure the equal enjoyment of human rights and fundamental freedoms. The term “protection” also indicates that special measures may have preventive (of human rights violations) as well as corrective functions.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"]},{"id":"cerd-c-gc-32-0024","docId":"cerd-c-gc-32","idx":24,"n":24,"text":"24. Although the Convention designates “racial or ethnic groups or individuals requiring … protection” (article 1, paragraph 4), and “racial groups or individuals belonging to them” (article 2, paragraph 2), as the beneficiaries of special measures, the measures shall in principle be available to any group or person covered by article 1 of the Convention, as clearly indicated by the travaux préparatoires of the Convention, as well as by the practice of States parties and the relevant concluding observations of the Committee.[[fn:11]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":11,"text":"See also paragraph 7 above."}],"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0025","docId":"cerd-c-gc-32","idx":25,"n":25,"text":"25. Article 1, paragraph 4, is expressed more broadly than article 2, paragraph 2, in that it refers to individuals “requiring … protection” without reference to ethnic group membership. The span of potential beneficiaries or addressees of special measures should however be understood in the light of the overall objective of the Convention as dedicated to the elimination of all forms of racial discrimination, with special measures as an essential tool, where appropriate, for the achievement of this objective.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-32-0026","docId":"cerd-c-gc-32","idx":26,"n":26,"text":"26. Article 1, paragraph 4, provides for limitations on the employment of special measures by States parties. The first limitation is that the measures “should not lead to the maintenance of separate rights for different racial groups”. This provision is narrowly drawn to refer to “racial groups” and calls to mind the practice of Apartheid referred to in article 3 of the Convention, which was imposed by the authorities of the State, and to practices of segregation referred to in that article and in the preamble to the Convention. The notion of inadmissible “separate rights” must be distinguished from rights accepted and recognized by the international community to secure the existence and identity of groups such as minorities, indigenous peoples and other categories of person whose rights are similarly accepted and recognized within the framework of universal human rights.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"3","source":"regex"}]},{"id":"cerd-c-gc-32-0027","docId":"cerd-c-gc-32","idx":27,"n":27,"text":"27. The second limitation on special measures is that “they shall not be continued after the objectives for which they have been taken have been achieved”. This limitation on the operation of special measures is essentially functional and goal-related: the measures should cease to be applied when the objectives for which they were employed – the equality goals – have been sustainably achieved.[[fn:12]] The length of time permitted for the duration of the measures will vary in the light of their objectives, the means utilized to achieve them, and the results of their application. Special measures should, therefore, be carefully tailored to meet the particular needs of the groups or individuals concerned.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":12,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on Non-Discrimination in Economic, Social and Cultural Rights, paragraph 9."}],"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"]},{"id":"cerd-c-gc-32-0028","docId":"cerd-c-gc-32","idx":28,"n":28,"text":"28. Article 2, paragraph 2, of the Convention stipulates that “States parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved”.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-32-0029","docId":"cerd-c-gc-32","idx":29,"n":29,"text":"29. Article 1, paragraph 4, of the Convention is essentially a clarification of the meaning of discrimination when applied to special measures. Article 2, paragraph 2, carries forward the special measures concept into the realm of obligations of States parties, along with the text of article 2 as a whole. Nuances of difference in the use of terms in the two paragraphs do not disturb their essential unity of concept and purpose.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-32-0030","docId":"cerd-c-gc-32","idx":30,"n":30,"text":"30. The use in the paragraph of the verb “shall” in relation to taking special measures clearly indicates the mandatory nature of the obligation to take such measures. The mandatory nature of the obligation is not weakened by the addition of the phrase “when the circumstances so warrant”, a phrase that should be read as providing context for the application of the measures. The phrase has, in principle, an objective meaning in relation to the disparate enjoyment of human rights by persons and groups in the State party and the ensuing need to correct such imbalances.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"]},{"id":"cerd-c-gc-32-0031","docId":"cerd-c-gc-32","idx":31,"n":31,"text":"31. The internal structure of States parties, whether unitary, federal or decentralized, does not affect their responsibility under the Convention, when resorting to special measures, to secure their application throughout the territory of the State. In federal or decentralized States, the federal authorities shall be internationally responsible for designing a framework for the consistent application of special measures in all parts of the State where such measures are necessary.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"]},{"id":"cerd-c-gc-32-0032","docId":"cerd-c-gc-32","idx":32,"n":32,"text":"32. Whereas article 1, paragraph 4, of the Convention uses the term “special measures”, article 2, paragraph 2, refers to “special and concrete measures”. The travaux préparatoires of the Convention do not highlight any distinction between the terms and the Committee has generally employed both terms as synonymous.[[fn:13]] Bearing in mind the context of article 2 as a broad statement of obligations under the Convention, the terminology employed in article 2, paragraph 2, is appropriate to its context in focusing on the obligation of States parties to adopt measures tailored to fit the situations to be remedied and capable of achieving their objectives.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":13,"text":"The United Nations Declaration on the Elimination of All Forms of Racial Discrimination referred, in article 2, paragraph 3, to ‘special and concrete measures’ (General Assembly resolution 1904 (XVIII)). See also paragraph 12 above."}],"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-32-0033","docId":"cerd-c-gc-32","idx":33,"n":33,"text":"33. The reference in article 2, paragraph 2, regarding the objective of special measures to ensure “adequate development and protection” of groups and individuals may be compared with the use of the term “advancement” in article 1, paragraph 4. The terms of the Convention signify that special measures should clearly benefit groups and individuals in their enjoyment of human rights. The naming of fields of action in the paragraph – “social, economic, cultural and other fields” – does not describe a closed list. In principle, special measures can reach into all fields of human rights deprivation, including deprivation of the enjoyment of any human rights expressly or impliedly protected by article 5 of the Convention. In all cases, it is clear that the reference to limitations of “development” relates only to the situation or condition in which groups or individuals find themselves and is not a reflection on any individual or group characteristic.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-32-0034","docId":"cerd-c-gc-32","idx":34,"n":34,"text":"34. Beneficiaries of special measures under article 2, paragraph 2, may be groups or individuals belonging to such groups. The advancement and protection of communities through special measures is a legitimate objective to be pursued in tandem with respect for the rights and interests of individuals. The identification of an individual as belonging to a group should be based on self-identification by the individual concerned, unless a justification exists to the contrary.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-32-0035","docId":"cerd-c-gc-32","idx":35,"n":35,"text":"35. Provisions on the limitations of special measures in article 2, paragraph 2, are in essence the same, mutatis mutandis, as those expressed in article 1, paragraph 4. The requirement to limit the period for which the measures are taken implies the need, as in the design and initiation of the measures, for a continuing, system of monitoring their application and results using, as appropriate, quantitative and qualitative methods of appraisal. States parties should also carefully determine whether negative human rights consequences would arise for beneficiary communities consequent upon an abrupt withdrawal of special measures, especially if such have been established for a lengthy period of time.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0036","docId":"cerd-c-gc-32","idx":36,"n":36,"text":"36. The present guidance on the content of reports confirms and amplifies the guidance provided to States parties in the Harmonized guidelines on reporting under the international human rights treaties, including guidelines on a common core document and treaty-specific documents (HRI/MC/2006/3) and the Guidelines for the CERD-specific document to be submitted by States parties under article 9, paragraph 1, of the Convention (CERD/C/2007/1).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["V. RECOMMENDATIONS FOR THE PREPARATION OF REPORTS BY STATES PARTIES"],"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"cerd-c-gc-32-0037","docId":"cerd-c-gc-32","idx":37,"n":37,"text":"37. Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["V. RECOMMENDATIONS FOR THE PREPARATION OF REPORTS BY STATES PARTIES"]},{"id":"cerd-c-gc-32-0038","docId":"cerd-c-gc-32","idx":38,"n":38,"text":"38. In cases where a reservation affecting Convention provisions on special measures is maintained, States parties are invited to provide information as to why such a reservation is considered necessary, the nature and scope of the reservation, its precise effects in terms of national law and policy, and any plans to limit or withdraw the reservation within a specified time frame. In cases where States parties have adopted special measures despite the reservation, they are invited to provide information on such measures in line with the recommendations in paragraph 37 above.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["V. RECOMMENDATIONS FOR THE PREPARATION OF REPORTS BY STATES PARTIES"]},{"id":"cerd-c-gc-33-0001","docId":"cerd-c-gc-33","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"isPreamble":true,"preambleSource":"ohchr-docx"},{"id":"cerd-c-gc-33-0002","docId":"cerd-c-gc-33","idx":2,"n":1,"text":"Recommends that the States parties to the International Convention on the Elimination of Racial Discrimination: (a) If they have not yet done so, consider making the declaration under article 14 of the Convention, in order to enable individuals to resort to the envisaged remedy if they consider themselves to be victims of violations of the rights enshrined in the Convention; CERD/C/GC/33 page 3 (b) If they have made the optional declaration under article 14, increase awareness of this procedure so that its potential can be fully realized; (c) If they have not yet done so, ratify the amendment to article 8 of the Convention on the financing of the Committee; (d) Consider withdrawing their reservations to the Convention, if any, taking into account the evolution in the field of human rights since its adoption; (e) Comply with their reporting obligations under the Convention through timely submission of their periodic reports and other information requested by the Committee, in conformity with the relevant guidelines; (f) Be mindful that their response to the current financial and economic crisis should not lead to a situation which would increase poverty and underdevelopment and, potentially, a rise in racism, racial discrimination, xenophobia and related intolerance against foreigners, immigrants, indigenous peoples, persons belonging to minorities and other particularly vulnerable groups all over the world; (g) Engage with national human rights institutions and civil society, in a spirit of cooperation and respect, while preparing their periodic reports and with regard to follow-up; (h) Cooperate with the Committee in the early-warning and urgent-action procedure and in its follow-up procedure; (i) Include in their periodic reports information on action plans or other measures to implement the Durban Declaration and Programme of Action, taking into account the Outcome Document of the Review Conference; (j) When fulfilling their primary responsibility to implement the substantive provisions contained in articles 2 to 7 of the Convention, take into account the relevant parts of the Durban Declaration and Programme of Action and the Outcome Document of the Review Conference; (k) Consider establishing or strengthening national monitoring and evaluation mechanisms to ensure that all appropriate steps are taken to follow up on the concluding observations and general recommendations of the Committee;","labels":["Indigenous peoples","Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"citedArticles":[{"treaty":"CERD","article":"14","source":"regex"},{"treaty":"CERD","article":"14","source":"regex"},{"treaty":"CERD","article":"8","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-33-0003","docId":"cerd-c-gc-33","idx":3,"n":2,"text":"Also recommends that: (a) States which have not yet acceded to the International Convention on the Elimination of All Forms of Racial Discrimination sign and ratify the Convention as soon as possible, with a view to achieving its universal ratification; CERD/C/GC/33 page 4 (b) States include in their national reports to the universal periodic review mechanism of the Human Rights Council information on the measures they have taken to prevent and combat racism, racial discrimination, xenophobia and related intolerance; (c) All international sporting bodies promote, through their national, regional and international federations, a world of sports free from racism, racial discrimination, xenophobia and related intolerance; (d) The Office of the United Nations High Commissioner for Human Rights, through appropriate activities and programmes, further increase awareness of the struggle against racism, racial discrimination, xenophobia and related intolerance, including with regard to the work of treaty bodies and other human rights mechanisms in this area; (e) The Office of the High Commissioner for Human Rights continue its efforts to increase awareness of and support for the work of the Committee on the Elimination of Racial Discrimination, including through webcasting of the meetings of the Committee, and to provide the Committee with adequate resources to enable it to discharge its mandate fully, as part of the overall endeavour to strengthen the work of the treaty bodies; (f) The relevant United Nations bodies and specialized agencies provide technical cooperation and assistance to States in order to enhance the effective implementation of the Convention, taking into account the Durban Declaration and Programme of Action and the outcome document of the Review Conference;","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009},{"id":"cerd-c-gc-33-0004","docId":"cerd-c-gc-33","idx":4,"n":3,"text":"Expresses its willingness: (a) To continue to cooperate fully with all relevant organs, agencies and entities of the United Nations system, in particular the Office of the High Commissioner for Human Rights, in following up the Durban Declaration and Programme of Action, taking into account the results of the Durban Review Conference; (b) To continue to cooperate with all mechanisms established under the Human Rights Council, in order to promote the implementation of the recommendations of the Durban Declaration and Programme of Action and all other activities to combat racism, racial discrimination, xenophobia and related intolerance; (c) To continue its cooperation and joint activities with other human rights treaty bodies, with a view to achieving a more effective follow up to the Durban Declaration and Programme of Action, taking into consideration the Outcome Document of the Review Conference; (d) To fully take into account in its activity the recommendations and conclusions retained in the Outcome Document of the Review Conference. - - - - -CERD/C/GC/33 page 5","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009},{"id":"cerd-c-gc-34-0001","docId":"cerd-c-gc-34","idx":1,"n":1,"text":"For the purposes of this general recommendation, people of African descent are those referred to as such by the Durban Declaration and Programme of Action and who identify themselves as people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["I. Description"]},{"id":"cerd-c-gc-34-0002","docId":"cerd-c-gc-34","idx":2,"n":2,"text":"The Committee is aware that millions of people of African descent are living in societies in which racial discrimination places them in the lowest positions in social hierarchies.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["I. Description"]},{"id":"cerd-c-gc-34-0003","docId":"cerd-c-gc-34","idx":3,"n":3,"text":"People of African descent shall enjoy all human rights and fundamental freedoms in accordance with international standards, in conditions of equality and without any discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"]},{"id":"cerd-c-gc-34-0004","docId":"cerd-c-gc-34","idx":4,"n":4,"text":"People of African descent live in many countries of the world, either dispersed among the local population or in communities, where they are entitled to exercise, without discrimination, individually or in community with other members of their group, as appropriate, the following specific rights: (a)The right to property and to the use, conservation and protection of lands traditionally occupied by them and to natural resources in cases where their ways of life and culture are linked to their utilization of lands and resources; (b)The right to their cultural identity, to keep, maintain and foster their mode of life and forms of organization, culture, languages and religious expressions; (c)The right to the protection of their traditional knowledge and their cultural and artistic heritage; (d)The right to prior consultation with respect to decisions which may affect their rights, in accordance with international standards.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"]},{"id":"cerd-c-gc-34-0005","docId":"cerd-c-gc-34","idx":5,"n":5,"text":"The Committee understands that racism and racial discrimination against people of African descent are expressed in many forms, notably structural and cultural.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"]},{"id":"cerd-c-gc-34-0006","docId":"cerd-c-gc-34","idx":6,"n":6,"text":"Racism and structural discrimination against people of African descent, rooted in the infamous regime of slavery, are evident in the situations of inequality affecting them and reflected, inter alia, in the following domains: their grouping, together with indigenous peoples, among the poorest of the poor; their low rate of participation and representation in political and institutional decision-making processes; additional difficulties they face in access to and completion and quality of education, which results in the transmission of poverty from generation to generation; inequality in access to the labour market; limited social recognition and valuation of their ethnic and cultural diversity; and a disproportionate presence in prison populations.","labels":["Indigenous peoples","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"]},{"id":"cerd-c-gc-34-0007","docId":"cerd-c-gc-34","idx":7,"n":7,"text":"The Committee observes that overcoming the structural discrimination that affects people of African descent calls for the urgent adoption of special measures (affirmative action), as established in the International Convention on the Elimination of All Forms of Racial Discrimination (arts. 1, para. 4, and 2, para. 2). The need for special measures has been the subject of reiterated observations and recommendations made to the State parties under the Convention, summarized in general recommendation No. 32 (2009) on the meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"]},{"id":"cerd-c-gc-34-0008","docId":"cerd-c-gc-34","idx":8,"n":8,"text":"8. For the exercise of the rights of people of African descent, the Committee recommends that States parties adopt the following measures:","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"]},{"id":"cerd-c-gc-34-0009","docId":"cerd-c-gc-34","idx":9,"n":9,"text":"Take steps to identify communities of people of African descent living in their territories, especially through the collection of disaggregated data on the population, bearing in mind the Committee’s general recommendations, particularly general recommendations Nos. 4 (1973) on demographic composition of the population (art. 9); 8 (1990) on identification with a particular racial or ethnic group (art. 1, paras. 1 and 4), and 24 (1999) on reporting of persons belonging to different races, national/ethnic groups, or indigenous peoples (art. 1).","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"],"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-34-0010","docId":"cerd-c-gc-34","idx":10,"n":10,"text":"Review and enact or amend legislation, as appropriate, in order to eliminate, in line with the Convention, all forms of racial discrimination against people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0011","docId":"cerd-c-gc-34","idx":11,"n":11,"text":"Review, adopt and implement national strategies and programmes with a view to improving the situation of people of African descent and protecting them against discrimination by State agencies and public officials, as well as by any persons, group or organization.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0012","docId":"cerd-c-gc-34","idx":12,"n":12,"text":"Fully implement legislation and other measures already in place to ensure that people of African descent are not discriminated against.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0013","docId":"cerd-c-gc-34","idx":13,"n":13,"text":"Encourage and develop appropriate modalities of communication and dialogue between communities of people of African descent and/or their representatives and the relevant authorities in the State.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0014","docId":"cerd-c-gc-34","idx":14,"n":14,"text":"Take the necessary measures, in cooperation with civil society and members of affected communities, to educate the population as a whole in a spirit of non-discrimination, respect for others and tolerance, especially concerning people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0015","docId":"cerd-c-gc-34","idx":15,"n":15,"text":"Strengthen existing institutions or create specialized institutions to promote respect for the equal human rights of people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0016","docId":"cerd-c-gc-34","idx":16,"n":16,"text":"Conduct periodic surveys, in line with paragraph 1 above, on the reality of discrimination against people of African descent and provide disaggregated data in their reports to the Committee on, inter alia, the geographical distribution and the economic and social conditions of people of African descent, including a gender perspective.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0017","docId":"cerd-c-gc-34","idx":17,"n":17,"text":"Effectively acknowledge in their policies and actions the negative effects of the wrongs occasioned on people of African descent in the past, chief among which are colonialism and the transatlantic slave trade, the effects of which continue to disadvantage people of African descent today.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0018","docId":"cerd-c-gc-34","idx":18,"n":18,"text":"Adopt and implement special measures meant to eliminate all forms of racial discrimination against people of African descent, taking into account the Committee’s general recommendation No. 32 (2009).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IV. The place and role of special measures"]},{"id":"cerd-c-gc-34-0019","docId":"cerd-c-gc-34","idx":19,"n":19,"text":"Formulate and put in place comprehensive national strategies with the participation of people of African descent, including special measures in accordance with articles 1 and 2 of the Convention, in order to eliminate discrimination against people of African descent and ensure their full enjoyment of all human rights and fundamental freedoms.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IV. The place and role of special measures"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-34-0020","docId":"cerd-c-gc-34","idx":20,"n":20,"text":"Educate and raise the awareness of the public on the importance of special measures (affirmative action programmes) to address the situation of victims of racial discrimination, especially discrimination as a result of historical factors.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IV. The place and role of special measures"]},{"id":"cerd-c-gc-34-0021","docId":"cerd-c-gc-34","idx":21,"n":21,"text":"Develop and implement special measures aimed at promoting the employment of people of African descent in both the public and private sectors.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IV. The place and role of special measures"]},{"id":"cerd-c-gc-34-0022","docId":"cerd-c-gc-34","idx":22,"n":22,"text":"Recognizing that some forms of racial discrimination have a unique and specific impact on women, design and implement measures aimed at eliminating racial discrimination, paying due regard to the Committee’s general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["V. Gender-related dimensions of racial discrimination"]},{"id":"cerd-c-gc-34-0023","docId":"cerd-c-gc-34","idx":23,"n":23,"text":"Take into account, in all programmes and projects planned and implemented and all measures adopted, the situation of women of African descent, who are often victims of multiple discrimination.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["V. Gender-related dimensions of racial discrimination"]},{"id":"cerd-c-gc-34-0024","docId":"cerd-c-gc-34","idx":24,"n":24,"text":"Include in all reports to the Committee information on the measures taken to implement the Convention that specifically address racial discrimination against women of African descent.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["V. Gender-related dimensions of racial discrimination"]},{"id":"cerd-c-gc-34-0025","docId":"cerd-c-gc-34","idx":25,"n":25,"text":"Recognizing the particular vulnerability of children of African descent, which may lead to the transmission of poverty from generation to generation, and the inequality affecting people of African descent, adopt special measures to ensure equality in the exercise of their rights, in particular corresponding to the areas that most affect the lives of children.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VI. Racial discrimination against children"]},{"id":"cerd-c-gc-34-0026","docId":"cerd-c-gc-34","idx":26,"n":26,"text":"Undertake initiatives specifically aimed at protecting the special rights of the girl child and the rights of boys in vulnerable situations.","labels":["Women/girls","Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VI. Racial discrimination against children"]},{"id":"cerd-c-gc-34-0027","docId":"cerd-c-gc-34","idx":27,"n":27,"text":"Take measures to prevent any dissemination of ideas of racial superiority and inferiority or ideas which attempt to justify violence, hatred or discrimination against people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0028","docId":"cerd-c-gc-34","idx":28,"n":28,"text":"Also ensure the protection of the security and integrity of people of African descent without any discrimination by adopting measures for preventing racially motivated acts of violence against them; ensure prompt action by the police, prosecutors and the judiciary for investigating and punishing such acts; and ensure that perpetrators, be they public officials or other persons, do not enjoy impunity.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0029","docId":"cerd-c-gc-34","idx":29,"n":29,"text":"Take strict measures against any incitement to discrimination or violence against people of African descent including through the Internet and related facilities of similar nature.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0030","docId":"cerd-c-gc-34","idx":30,"n":30,"text":"Take measures to raise awareness among media professionals of the nature and incidence of discrimination against people of African descent, including the media’s responsibility not to perpetuate prejudices.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0031","docId":"cerd-c-gc-34","idx":31,"n":31,"text":"Take resolute action to counter any tendency to target, stigmatize, stereotype or profile people of African descent on the basis of race, by law enforcement officials, politicians and educators.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0032","docId":"cerd-c-gc-34","idx":32,"n":32,"text":"Develop educational and media campaigns to educate the public about people of African descent, their history and their culture, and the importance of building an inclusive society, while respecting the human rights and identity of all people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0033","docId":"cerd-c-gc-34","idx":33,"n":33,"text":"Encourage the development and implementation of methods of self-monitoring by the media through codes of conduct for media organizations in order to eliminate the use of racially discriminatory or biased language.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0034","docId":"cerd-c-gc-34","idx":34,"n":34,"text":"In assessing the impact of a country’s system of administration of justice, take into consideration its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, and pay particular attention to the measures below where they pertain to people of African descent.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0035","docId":"cerd-c-gc-34","idx":35,"n":35,"text":"Take all the necessary steps to secure equal access to the justice system for all people of African descent including by providing legal aid, facilitating individual or group claims, and encouraging non-governmental organizations to defend their rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0036","docId":"cerd-c-gc-34","idx":36,"n":36,"text":"Introduce into criminal law the provision that committing an offence with racist motivation or aim constitutes an aggravating circumstance allowing for a more severe punishment.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0037","docId":"cerd-c-gc-34","idx":37,"n":37,"text":"Ensure the prosecution of all persons who commit racially motivated crimes against people of African descent and guarantee the provision of adequate compensation for victims of such crimes.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0038","docId":"cerd-c-gc-34","idx":38,"n":38,"text":"Also ensure that measures taken in the fight against crimes, including terrorism, do not discriminate in purpose or effect on the grounds of race and colour.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0039","docId":"cerd-c-gc-34","idx":39,"n":39,"text":"Take measures to prevent the use of illegal force, torture, inhuman or degrading treatment or discrimination by the police or other law enforcement agencies and officials against people of African descent, especially in connection with arrest and detention, and ensure that people of African descent are not victims of practices of racial or ethnic profiling.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0040","docId":"cerd-c-gc-34","idx":40,"n":40,"text":"Encourage the recruitment of people of African descent into the police and as other law enforcement officials.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0041","docId":"cerd-c-gc-34","idx":41,"n":41,"text":"Organize training programmes for public officials and law enforcement agencies with a view to preventing injustices based on prejudice against people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0042","docId":"cerd-c-gc-34","idx":42,"n":42,"text":"Ensure that authorities at all levels in the State respect the right of members of communities of people of African descent to participate in decisions that affect them.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IX. Civil and political rights"]},{"id":"cerd-c-gc-34-0043","docId":"cerd-c-gc-34","idx":43,"n":43,"text":"Take special and concrete measures to guarantee people of African descent the right to participate in elections, to vote and stand for election on the basis of equal and universal suffrage and to have due representation in all branches of government.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IX. Civil and political rights"]},{"id":"cerd-c-gc-34-0044","docId":"cerd-c-gc-34","idx":44,"n":44,"text":"Promote awareness among members of the communities of people of African descent of the importance of their active participation in public and political life and eliminate obstacles to such participation.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IX. Civil and political rights"]},{"id":"cerd-c-gc-34-0045","docId":"cerd-c-gc-34","idx":45,"n":45,"text":"Take all necessary steps, including special measures, to secure equal opportunities for participation of people of African descent in all central and local government bodies.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IX. Civil and political rights"]},{"id":"cerd-c-gc-34-0046","docId":"cerd-c-gc-34","idx":46,"n":46,"text":"Organize training programmes to improve the political policymaking and public administration skills of public officials and political representatives who belong to communities of people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IX. Civil and political rights"]},{"id":"cerd-c-gc-34-0047","docId":"cerd-c-gc-34","idx":47,"n":47,"text":"Ensure that legislation regarding citizenship and naturalization does not discriminate against people of African descent and pay sufficient attention to possible barriers to naturalization that may exist for long-term or permanent residents of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["X. Access to citizenship"]},{"id":"cerd-c-gc-34-0048","docId":"cerd-c-gc-34","idx":48,"n":48,"text":"Recognize that deprivation of citizenship on the basis of race or descent is a breach of States parties’ obligation to ensure non-discriminatory enjoyment of the right to nationality.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["X. Access to citizenship"]},{"id":"cerd-c-gc-34-0049","docId":"cerd-c-gc-34","idx":49,"n":49,"text":"Take into consideration that, in some cases, denial of citizenship for long-term or permanent residents could result in the creation of disadvantage for the people affected in terms of access to employment and social benefits, in violation of the Convention’s anti-discrimination principles.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["X. Access to citizenship"]},{"id":"cerd-c-gc-34-0050","docId":"cerd-c-gc-34","idx":50,"n":50,"text":"Take steps to remove all obstacles that prevent the enjoyment of economic, social and cultural rights by people of African descent especially in the areas of education, housing, employment and health.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0051","docId":"cerd-c-gc-34","idx":51,"n":51,"text":"Take measures to eradicate poverty among communities of people of African descent within particular States parties’ territories and combat the social exclusion or marginalization often experienced by people of African descent.","labels":["Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0052","docId":"cerd-c-gc-34","idx":52,"n":52,"text":"Design, adopt and implement plans and programmes of economic and social development on an equal and non-discriminatory basis.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0053","docId":"cerd-c-gc-34","idx":53,"n":53,"text":"Take measures to eliminate discrimination against people of African descent in relation to working conditions and work requirements including employment rules and practices that may have discriminatory purposes or effects.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0054","docId":"cerd-c-gc-34","idx":54,"n":54,"text":"Work with intergovernmental organizations, including international financial institutions, to ensure that development or assistance projects which they support take into account the economic and social situation of people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0055","docId":"cerd-c-gc-34","idx":55,"n":55,"text":"Ensure equal access to health care and social security services for people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0056","docId":"cerd-c-gc-34","idx":56,"n":56,"text":"Involve people of African descent in designing and implementing health-based programmes and projects.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0057","docId":"cerd-c-gc-34","idx":57,"n":57,"text":"Design and implement programmes aimed at creating opportunities for the general empowerment of people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0058","docId":"cerd-c-gc-34","idx":58,"n":58,"text":"Adopt or make more effective legislation prohibiting discrimination in employment and all discriminatory practices in the labour market that affect people of African descent and protect them against all such practices.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0059","docId":"cerd-c-gc-34","idx":59,"n":59,"text":"Take special measures to promote the employment of people of African descent in the public administration as well as in private companies.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0060","docId":"cerd-c-gc-34","idx":60,"n":60,"text":"Develop and implement policies and projects aimed at avoiding the segregation of people of African descent in housing, and involve communities of people of African descent as partners in housing project construction, rehabilitation and maintenance.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0061","docId":"cerd-c-gc-34","idx":61,"n":61,"text":"Review all the language in textbooks which conveys stereotyped or demeaning images, references, names or opinions concerning people of African descent and replace it with images, references, names and opinions which convey the message of the inherent dignity and equality of all human beings.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-34-0062","docId":"cerd-c-gc-34","idx":62,"n":62,"text":"Ensure that public and private education systems do not discriminate against or exclude children based on race or descent.","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-34-0063","docId":"cerd-c-gc-34","idx":63,"n":63,"text":"Take measures to reduce the school dropout rate for children of African descent.","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-34-0064","docId":"cerd-c-gc-34","idx":64,"n":64,"text":"Consider adopting special measures aimed at promoting the education of all students of African descent, guarantee equitable access to higher education for people of African descent and facilitate professional educational careers.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-34-0065","docId":"cerd-c-gc-34","idx":65,"n":65,"text":"Act with determination to eliminate any discrimination against students of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-34-0066","docId":"cerd-c-gc-34","idx":66,"n":66,"text":"Include in textbooks, at all appropriate levels, chapters about the history and cultures of peoples of African descent and preserve this knowledge in museums and other forums for future generations, encourage and support the publication and distribution of books and other print materials, as well as the broadcasting of television and radio programmes about their history and cultures.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-35-0001","docId":"cerd-c-gc-35","idx":1,"n":1,"text":"1. At its eightieth session, the Committee on the Elimination of Racial Discrimination (the Committee) decided to hold a thematic discussion on racist hate speech during its eighty-first session. The discussion took place on 28 August 2012 and focused on understanding the causes and consequences of racist hate speech, and how the resources of the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) may be mobilized to combat it. Participants in the discussion included, in addition to members of the Committee, representatives from permanent missions to the United Nations Office in Geneva, national human rights institutions, non-governmental organizations, academics and interested individuals.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["I. Introduction"]},{"id":"cerd-c-gc-35-0002","docId":"cerd-c-gc-35","idx":2,"n":2,"text":"2. Following the discussion, the Committee expressed its intention to work on drafting a general recommendation to provide guidance on the requirements of the Convention in the area of racist hate speech in order to assist States parties in discharging their obligations, including reporting obligations. The present general recommendation is of relevance to all stakeholders in the fight against racial discrimination, and seeks to contribute to the promotion of understanding, lasting peace and security among communities, peoples and States.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["I. Introduction"]},{"id":"cerd-c-gc-35-0003","docId":"cerd-c-gc-35","idx":3,"n":3,"text":"3. In drafting the recommendation, the Committee has taken account of its extensive practice in combating racist hate speech, concern about which has engaged the full span of procedures under the Convention. The Committee has also underlined the role of racist hate speech in processes leading to mass violations of human rights and genocide, and in conflict situations. Key general recommendations of the Committee that address hate speech include general recommendations No. 7 (1985) relating to the implementation of article 4;[[fn:1]] No. 15 (1993) on article 4, which stressed the compatibility between article 4 and the right to freedom of expression;[[fn:2]] No. 25 (2000) on gender-related dimensions of racial discrimination;[[fn:3]] No. 27 (2000) on discrimination against Roma;[[fn:4]] No. 29 (2002) on descent;[[fn:5]] No. 30 (2004) on discrimination against non-citizens;[[fn:6]] No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system;[[fn:7]] and No. 34 (2011) on racial discrimination against people of African descent.[[fn:8]] Many general recommendations adopted by the Committee relate directly or indirectly to hate speech issues, bearing in mind that effectively combating racist hate speech involves the mobilization of the full normative and procedural resources of the Convention.","labels":["Persons deprived of their liberty","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":1,"text":"Official Records of the General Assembly, Fortieth Session, Supplement No. 18 (A/40/18), chap. VII, sect. B."},{"n":2,"text":"Ibid., Forty-eighth Session, Supplement No. 18 (A/48/18), chap. VIII, sect. B, para. 4."},{"n":3,"text":"Ibid., Fifty-fifth Session, Supplement No. 18 (A/55/18), annex V, sect. A."},{"n":4,"text":"Ibid., annex V, sect. C."},{"n":5,"text":"Ibid., Fifty-seventh Session, Supplement No. 18 (A/57/18), chap. XI, sect. F."},{"n":6,"text":"Ibid., Fifty-ninth Session, Supplement No. 18 (A/59/18), chap. VIII."},{"n":7,"text":"Ibid., Sixtieth Session, Supplement No. 18 (A/60/18), chap. IX."},{"n":8,"text":"Ibid., Sixty-sixth Session, Supplement No. 18 (A/66/18), annex IX."}],"section":["I. Introduction","Approach adopted"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0004","docId":"cerd-c-gc-35","idx":4,"n":4,"text":"4. By virtue of its work in implementing the Convention as a living instrument, the Committee engages with the wider human rights environment, awareness of which suffuses the Convention. In gauging the scope of freedom of expression, it should be recalled that the right is integrated into the Convention and is not simply articulated outside it: the principles of the Convention contribute to a fuller understanding of the parameters of the right in contemporary international human rights law. The Committee has integrated this right to freedom of expression into its work on combating hate speech, commenting where appropriate on its lack of effective implementation and, where necessary, drawing upon its elaboration in sister human rights bodies.[[fn:9]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":9,"text":"Notably Human Rights Committee general comment No. 34 (2011) on freedoms of opinion and expression (Official Records of the General Assembly, Sixty-sixth Session, Supplement No. 40, vol. I (A/66/40 (Vol. I)), annex V)."}],"section":["I. Introduction","Approach adopted"]},{"id":"cerd-c-gc-35-0005","docId":"cerd-c-gc-35","idx":5,"n":5,"text":"5. The drafters of the Convention were acutely aware of the contribution of speech to creating a climate of racial hatred and discrimination, and reflected at length on the dangers it posed. In the Convention, racism is referred to only in the context of “racist doctrines and practices” in the preamble, a phrase closely linked to the condemnation in article 4 of dissemination of ideas of racial superiority. While the term hate speech is not explicitly used in the Convention, this lack of explicit reference has not impeded the Committee from identifying and naming hate speech phenomena and exploring the relationship between speech practices and the standards of the Convention. The present recommendation focuses on the ensemble of Convention provisions that cumulatively enable the identification of expression that constitutes hate speech.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["II. Racist hate speech"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0006","docId":"cerd-c-gc-35","idx":6,"n":6,"text":"6. Racist hate speech addressed in Committee practice has included all the specific speech forms referred to in article 4 directed against groups recognized in article 1 of the Convention — which forbids discrimination on grounds of race, colour, descent, or national or ethnic origin — such as indigenous peoples, descent-based groups, and immigrants or non-citizens, including migrant domestic workers, refugees and asylum seekers, as well as speech directed against women members of these and other vulnerable groups. In the light of the principle of intersectionality, and bearing in mind that “criticism of religious leaders or commentary on religious doctrine or tenets of faith” should not be prohibited or punished,[[fn:10]] the Committee’s attention has also been engaged by hate speech targeting persons belonging to certain ethnic groups who profess or practice a religion different from the majority, including expressions of Islamophobia, anti-Semitism and other similar manifestations of hatred against ethno-religious groups, as well as extreme manifestations of hatred such as incitement to genocide and to terrorism. Stereotyping and stigmatization of members of protected groups has also been the subject of expressions of concern and recommendations adopted by the Committee.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":10,"text":"Ibid., para. 48."}],"section":["II. Racist hate speech"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-35-0007","docId":"cerd-c-gc-35","idx":7,"n":7,"text":"7. Racist hate speech can take many forms and is not confined to explicitly racial remarks. As is the case with discrimination under article 1, speech attacking particular racial or ethnic groups may employ indirect language in order to disguise its targets and objectives. In line with their obligations under the Convention, States parties should give due attention to all manifestations of racist hate speech and take effective measures to combat them. The principles articulated in the present recommendation apply to racist hate speech, whether emanating from individuals or groups, in whatever forms it manifests itself, orally or in print, or disseminated through electronic media, including the Internet and social networking sites, as well as non-verbal forms of expression such as the display of racist symbols, images and behaviour at public gatherings, including sporting events.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["II. Racist hate speech"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-35-0008","docId":"cerd-c-gc-35","idx":8,"n":8,"text":"8. The identification and combating of hate speech practices is integral to the achievement of the objectives of the Convention — which is dedicated to the elimination of racial discrimination in all its forms. While article 4 of the Convention has functioned as the principal vehicle for combating hate speech, other articles in the Convention make distinctive contributions to fulfilling its objectives. The due regard clause in article 4 explicitly links that article with article 5, which guarantees the right to equality before the law, without racial discrimination in the enjoyment of rights, including the right to freedom of opinion and expression. Article 7 highlights the role of “teaching, education, culture and information” in the promotion of interethnic understanding and tolerance. Article 2 incorporates the undertaking by States parties to eliminate racial discrimination, obligations that receive their widest expression in article 2, paragraph 1 (d). Article 6 focuses on securing effective protection and remedies for victims of racial discrimination and the right to seek “just and adequate reparation or satisfaction” for damage suffered. The present recommendation focuses principally on articles 4, 5 and 7 of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"6","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-35-0009","docId":"cerd-c-gc-35","idx":9,"n":9,"text":"9. As a minimum requirement, and without prejudice to further measures, comprehensive legislation against racial discrimination, including civil and administrative law as well as criminal law, is indispensable to combating racist hate speech effectively.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention"]},{"id":"cerd-c-gc-35-0010","docId":"cerd-c-gc-35","idx":10,"n":10,"text":"10. The chapeau of article 4 incorporates the obligation to take “immediate and positive measures” to eradicate incitement and discrimination, a stipulation that complements and reinforces obligations under other articles of the Convention to dedicate the widest possible range of resources to the eradication of hate speech. In general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, the Committee summarized “measures” as comprising “legislative, executive, administrative, budgetary and regulatory instruments…as well as plans, policies, programmes and…regimes”.[[fn:11]] The Committee recalls the mandatory nature of article 4, and observes that during the adoption of the Convention, it “was regarded as central to the struggle against racial discrimination”,[[fn:12]] an evaluation which has been maintained in Committee practice. Article 4 comprises elements relating to speech and the organizational context for the production of speech, serves the functions of prevention and deterrence, and provides for sanctions when deterrence fails. The article also has an expressive function in underlining the international community’s abhorrence of racist hate speech, understood as a form of other-directed speech which rejects the core human rights principles of human dignity and equality and seeks to degrade the standing of individuals and groups in the estimation of society.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":11,"text":"Official Records of the General Assembly, Sixty-fourth Session, Supplement No. 18 (A/64/18), annex VIII, para. 13."},{"n":12,"text":"General recommendation No. 15, para. 1."}],"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0011","docId":"cerd-c-gc-35","idx":11,"n":11,"text":"11. In the chapeau and subparagraph (a), regarding “ideas or theories of superiority” or “racial superiority or hatred” respectively, the term “based on” is employed to characterize speech impugned by the Convention. The term is understood by the Committee in the context of article 1 as equivalent to “on the grounds of”[[fn:13]] and in principle holds the same meaning for article 4. The provisions on dissemination of ideas of racial superiority are a forthright expression of the preventive function of the Convention and are an important complement to the provisions on incitement.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":13,"text":"The latter phrase is employed in the seventh preambular paragraph of the Convention. See also paragraph 1 of general recommendation No. 14 (1993) on article 1, paragraph 1, of the Convention (Official Records of the General Assembly, Forty-eighth Session, Supplement No. 18 (A/48/18), chap. VIII, sect. B)."}],"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0012","docId":"cerd-c-gc-35","idx":12,"n":12,"text":"12. The Committee recommends that the criminalization of forms of racist expression should be reserved for serious cases, to be proven beyond reasonable doubt, while less serious cases should be addressed by means other than criminal law, taking into account, inter alia, the nature and extent of the impact on targeted persons and groups. The application of criminal sanctions should be governed by principles of legality, proportionality and necessity.[[fn:14]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":14,"text":"Human Rights Committee general comment No. 34, paras. 22- 25; 33-35."}],"section":["III. Resources of the Convention","Article 4"]},{"id":"cerd-c-gc-35-0013","docId":"cerd-c-gc-35","idx":13,"n":13,"text":"13. As article 4 is not self-executing, States parties are required by its terms to adopt legislation to combat racist hate speech that falls within its scope. In the light of the provisions of the Convention and the elaboration of its principles in general recommendation No. 15 and the present recommendation, the Committee recommends that the States parties declare and effectively sanction as offences punishable by law:","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0014","docId":"cerd-c-gc-35","idx":14,"n":14,"text":"14. The Committee recommends that public denials or attempts to justify crimes of genocide and crimes against humanity, as defined by international law, should be declared as offences punishable by law, provided that they clearly constitute incitement to racial violence or hatred. The Committee also underlines that “the expression of opinions about historical facts” should not be prohibited or punished.[[fn:15]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":15,"text":"Ibid., para. 49."}],"section":["III. Resources of the Convention","Article 4"]},{"id":"cerd-c-gc-35-0015","docId":"cerd-c-gc-35","idx":15,"n":15,"text":"15. While article 4 requires that certain forms of conduct be declared offences punishable by law, it does not supply detailed guidance for the qualification of forms of conduct as criminal offences. On the qualification of dissemination and incitement as offences punishable by law, the Committee considers that the following contextual factors should be taken into account:","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[],"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0016","docId":"cerd-c-gc-35","idx":16,"n":16,"text":"16. Incitement characteristically seeks to influence others to engage in certain forms of conduct, including the commission of crime, through advocacy or threats. Incitement may be express or implied, through actions such as displays of racist symbols or distribution of materials as well as words. The notion of incitement as an inchoate crime does not require that the incitement has been acted upon, but in regulating the forms of incitement referred to in article 4, States parties should take into account, as important elements in the incitement offences, in addition to the considerations outlined in paragraph 14 above, the intention of the speaker, and the imminent risk or likelihood that the conduct desired or intended by the speaker will result from the speech in question, considerations which also apply to the other offences listed in paragraph 13.[[fn:18]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":18,"text":"Human Rights Committee general comment No. 34, para. 35; Rabat Plan of Action, para. 22."}],"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0017","docId":"cerd-c-gc-35","idx":17,"n":17,"text":"17. The Committee reiterates that it is not enough to declare the forms of conduct in article 4 as offences; the provisions of the article must also be effectively implemented. Effective implementation is characteristically achieved through investigations of offences set out in the Convention and, where appropriate, the prosecution of offenders. The Committee recognizes the principle of expediency in the prosecution of alleged offenders, and observes that it must in each case be applied in the light of the guarantees laid down in the Convention and in other instruments of international law. In this and other respects under the Convention, the Committee recalls that it is not its function to review the interpretation of facts and national law made by domestic authorities, unless the decisions are manifestly absurd or unreasonable.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0018","docId":"cerd-c-gc-35","idx":18,"n":18,"text":"18. Independent, impartial and informed judicial bodies are crucial to ensuring that the facts and legal qualifications of individual cases are assessed consistently with international standards of human rights. Judicial infrastructures should be complemented in this respect by national human rights institutions in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles).[[fn:19]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":19,"text":"General recommendation No. 31, para. 5 (j)."}],"section":["III. Resources of the Convention","Article 4"]},{"id":"cerd-c-gc-35-0019","docId":"cerd-c-gc-35","idx":19,"n":19,"text":"19. Article 4 requires that measures to eliminate incitement and discrimination must be made with due regard to the principles of the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention. The phrase due regard implies that, in the creation and application of offences, as well as fulfilling the other requirements of article 4, the principles of the Universal Declaration of Human Rights and the rights in article 5 must be given appropriate weight in decision-making processes. The due regard clause has been interpreted by the Committee to apply to human rights and freedoms as a whole, and not simply to freedom of opinion and expression,[[fn:20]] which should however be borne in mind as the most pertinent reference principle when calibrating the legitimacy of speech restrictions.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":20,"text":"Committee on the Elimination of Racial Discrimination, communication No. 30/2003, The Jewish community of Oslo et al. v Norway, opinion adopted on 15 August 2005, para. 10.5."}],"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"article":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly references 'article 4' as a CERD obligation requiring measures against incitement and discrimination, confirmed by document context (CERD GC35)."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly references 'article 5 of the Convention' alongside article 4, both clearly within the CERD framework."},{"article":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Second occurrence of article 4 in the same sentence structure reaffirming CERD obligations on offences under the Convention."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Second occurrence of article 5 in the same sentence structure; text consistently refers to 'the rights in article 5' of CERD."}]},{"id":"cerd-c-gc-35-0020","docId":"cerd-c-gc-35","idx":20,"n":20,"text":"20. The Committee observes with concern that broad or vague restrictions on freedom of speech have been used to the detriment of groups protected by the Convention. States parties should formulate restrictions on speech with sufficient precision, according to the standards in the Convention as elaborated in the present recommendation. The Committee stresses that measures to monitor and combat racist speech should not be used as a pretext to curtail expressions of protest at injustice, social discontent or opposition.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 4"]},{"id":"cerd-c-gc-35-0021","docId":"cerd-c-gc-35","idx":21,"n":21,"text":"21. The Committee underlines that article 4 (b) requires that racist organizations which promote and incite racial discrimination be declared illegal and prohibited. The Committee understands that the reference to “organized…propaganda activities” implicates improvised forms of organization or networks, and that “all other propaganda activities” may be taken to refer to unorganized or spontaneous promotion and incitement of racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0022","docId":"cerd-c-gc-35","idx":22,"n":22,"text":"22. Under the terms of article 4 (c) regarding public authorities or public institutions, racist expressions emanating from such authorities or institutions are regarded by the Committee as of particular concern, especially statements attributed to high-ranking officials. Without prejudice to the application of the offences in subparagraphs (a) and (b) of article 4, which apply to public officials as well as to all others, the “immediate and positive measures” referred to in the chapeau may additionally include measures of a disciplinary nature, such as removal from office, where appropriate, as well as effective remedies for victims.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0023","docId":"cerd-c-gc-35","idx":23,"n":23,"text":"23. As part of its standard practice, the Committee recommends that States parties which have made reservations to the Convention withdraw them. In cases where a reservation affecting Convention provisions on racist speech is maintained, States parties are invited to provide information as to why such a reservation is considered necessary, the nature and scope of the reservation, its precise effects in terms of national law and policy, and any plans to limit or withdraw the reservation within a specified time frame.[[fn:21]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":21,"text":"Adapted from the Committee’s general recommendation No. 32, para. 38."}],"section":["III. Resources of the Convention","Article 4"]},{"id":"cerd-c-gc-35-0024","docId":"cerd-c-gc-35","idx":24,"n":24,"text":"24. Article 5 of the Convention enshrines the obligation of States parties to prohibit and eliminate racial discrimination and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of civil, political, economic, social and cultural rights, including the rights to freedom of thought, conscience and religion, freedom of opinion and expression, and freedom of peaceful assembly and association.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 5"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-35-0025","docId":"cerd-c-gc-35","idx":25,"n":25,"text":"25. The Committee considers that the expression of ideas and opinions made in the context of academic debates, political engagement or similar activity, and without incitement to hatred, contempt, violence or discrimination, should be regarded as legitimate exercises of the right to freedom of expression, even when such ideas are controversial.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 5"]},{"id":"cerd-c-gc-35-0026","docId":"cerd-c-gc-35","idx":26,"n":26,"text":"26. In addition to its inclusion in article 5, freedom of opinion and expression is recognized as a fundamental right in a broad range of international instruments, including the Universal Declaration of Human Rights, which affirm that everyone has the right to hold opinions and to seek, receive and impart information and ideas of all kinds through any media and regardless of frontiers.[[fn:22]] The right to freedom of expression is not unlimited but carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but only if they are provided by law and are necessary for protection of the rights or reputations of others and for the protection of national security or of public order, or of public health or morals.[[fn:23]] Freedom of expression should not aim at the destruction of the rights and freedoms of others, including the right to equality and non-discrimination.[[fn:24]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":22,"text":"Universal Declaration of Human Rights, art. 19."},{"n":23,"text":"International Covenant on Civil and Political Rights, art. 19, para. 3."},{"n":24,"text":"Universal Declaration of Human Rights, art. 30."}],"section":["III. Resources of the Convention","Article 5"],"citedArticles":[{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text states 'in addition to its inclusion in article 5', which is CERD article 5 on the right to freedom of opinion and expression as part of the Convention's enumerated rights."}]},{"id":"cerd-c-gc-35-0027","docId":"cerd-c-gc-35","idx":27,"n":27,"text":"27. The Durban Declaration and Programme of Action and the outcome document of the Durban Review Conference affirm the positive role of the right to freedom of opinion and expression in combating racial hatred.[[fn:25]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":25,"text":"Durban Declaration, para. 90; outcome document of the Durban Review Conference (A/CONF.211/8), paras. 54 and 58."}],"section":["III. Resources of the Convention","Article 5"]},{"id":"cerd-c-gc-35-0028","docId":"cerd-c-gc-35","idx":28,"n":28,"text":"28. In addition to underpinning and safeguarding the exercise of other rights and freedoms, freedom of opinion and expression has particular salience in the context of the Convention. The protection of persons from racist hate speech is not simply one of opposition between the right to freedom of expression and its restriction for the benefit of protected groups; the persons and groups entitled to the protection of the Convention also enjoy the right to freedom of expression and freedom from racial discrimination in the exercise of that right. Racist hate speech potentially silences the free speech of its victims.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 5"]},{"id":"cerd-c-gc-35-0029","docId":"cerd-c-gc-35","idx":29,"n":29,"text":"29. Freedom of expression, indispensable for the articulation of human rights and the dissemination of knowledge regarding the state of enjoyment of civil, political, economic, social and cultural rights, assists vulnerable groups in redressing the balance of power among the components of society, promotes intercultural understanding and tolerance, assists in the deconstruction of racial stereotypes, facilitates the free exchange of ideas, and offers alternative views and counterpoints. States parties should adopt policies empowering all groups within the purview of the Convention to exercise their right to freedom of expression.[[fn:26]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":26,"text":"Adapted from the Rabat Plan of Action, para. 25."}],"section":["III. Resources of the Convention","Article 5"]},{"id":"cerd-c-gc-35-0030","docId":"cerd-c-gc-35","idx":30,"n":30,"text":"30. Whereas the provisions of article 4 on dissemination of ideas attempt to discourage the flow of racist ideas upstream, and the provisions on incitement address their downstream effects, article 7 addresses the root causes of hate speech, and represents a further illustration of the “appropriate means” to eliminate racial discrimination envisaged in article 2, paragraph 1 (d). The importance of article 7 has not diminished over time: its broadly educational approach to eliminating racial discrimination is an indispensable complement to other approaches to combating racial discrimination. Because racism can be the product of, inter alia, indoctrination or inadequate education, especially effective antidotes to racist hate speech include education for tolerance, and counter-speech.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-35-0031","docId":"cerd-c-gc-35","idx":31,"n":31,"text":"31. Under article 7, States parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnic groups, as well as to propagating universal human rights principles, including those of the Convention. Article 7 is phrased in the same mandatory language as other articles in the Convention, and the fields of activity — “teaching, education, culture and information” — are not expressed as exhaustive of the undertakings required.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"],"citedArticles":[{"treaty":"CERD","article":"7","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-35-0032","docId":"cerd-c-gc-35","idx":32,"n":32,"text":"32. The school systems in States parties represent an important focus for the dissemination of human rights information and perspectives. School curricula, textbooks and teaching materials should be informed by and address human rights themes and seek to promote mutual respect and tolerance among nations and racial and ethnic groups.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0033","docId":"cerd-c-gc-35","idx":33,"n":33,"text":"33. Appropriate educational strategies in line with the requirements of article 7 include intercultural education, including intercultural bilingual education, based on equality of respect and esteem and genuine mutuality, supported by adequate human and financial resources. Programmes of intercultural education should represent a genuine balance of interests and should not function in intention or effect as vehicles of cultural assimilation.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"],"citedArticles":[{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-35-0034","docId":"cerd-c-gc-35","idx":34,"n":34,"text":"34. Measures should be adopted in the field of education aimed at encouraging knowledge of the history, culture and traditions of “racial or ethnical”[[fn:27]] groups present in the State party, including indigenous peoples and persons of African descent. Educational materials should, in the interests of promoting mutual respect and understanding, endeavour to highlight the contribution of all groups to the social, economic and cultural enrichment of the national identity and to national, economic and social progress.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":27,"text":"International Convention on the Elimination of All Forms of Racial Discrimination, art. 7."}],"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0035","docId":"cerd-c-gc-35","idx":35,"n":35,"text":"35. In order to promote inter-ethnic understanding, balanced and objective representations of history are essential, and, where atrocities have been committed against groups of the population, days of remembrance and other public events should be held, where appropriate in context, to recall such human tragedies, as well as celebrations of successful resolution of conflicts. Truth and reconciliation commissions can also play a vital role in countering the persistence of racial hatred and facilitating the development of a climate of inter-ethnic tolerance.[[fn:28]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":28,"text":"Adapted from the Rabat Plan of Action, para. 27."}],"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0036","docId":"cerd-c-gc-35","idx":36,"n":36,"text":"36. Information campaigns and educational policies calling attention to the harms produced by racist hate speech should engage the general public; civil society, including religious and community associations; parliamentarians and other politicians; educational professionals; public administration personnel; police and other bodies dealing with public order; and legal personnel, including the judiciary. The Committee draws the attention of States parties to general recommendation No. 13 (1993) on the training of law enforcement officials in the protection of human rights[[fn:29]] and to general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system. In these and other cases, familiarization with international norms protecting freedom of opinion and expression and norms protecting against racist hate speech is essential.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":29,"text":"Official Records of the General Assembly, Forty-eighth Session, Supplement No. 18 (A/48/18), chap. VIII, sect. B."}],"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0037","docId":"cerd-c-gc-35","idx":37,"n":37,"text":"37. Formal rejection of hate speech by high-level public officials and condemnation of the hateful ideas expressed play an important role in promoting a culture of tolerance and respect. The promotion of intercultural dialogue through a culture of public discourse and institutional instruments of dialogue, and the promotion of equal opportunities in all aspects of society are of equal value to educational methodologies and should be encouraged in a vigorous manner.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0038","docId":"cerd-c-gc-35","idx":38,"n":38,"text":"38. The Committee recommends that educational, cultural and informational strategies to combat racist hate speech should be underpinned by systematic data collection and analysis in order to assess the circumstances under which hate speech emerges, the audiences reached or targeted, the means by which they are reached, and media responses to hate messages. International cooperation in this area helps to increase not only the possibilities of comparability of data but also knowledge of and the means to combat hate speech that transcends national boundaries.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0039","docId":"cerd-c-gc-35","idx":39,"n":39,"text":"39. Informed, ethical and objective media, including social media and the Internet, have an essential role in promoting responsibility in the dissemination of ideas and opinions. In addition to putting in place appropriate legislation for the media in line with international standards, States parties should encourage the public and private media to adopt codes of professional ethics and press codes that incorporate respect for the principles of the Convention and other fundamental human rights standards.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0040","docId":"cerd-c-gc-35","idx":40,"n":40,"text":"40. Media representations of ethnic, indigenous and other groups within the purview of article 1 of the Convention should be based on principles of respect, fairness and the avoidance of stereotyping. Media should avoid referring unnecessarily to race, ethnicity, religion and other group characteristics in a manner that may promote intolerance.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-35-0041","docId":"cerd-c-gc-35","idx":41,"n":41,"text":"41. The principles of the Convention are served by encouraging media pluralism, including facilitation of access to and ownership of media by minority, indigenous and other groups in the purview of the Convention, including media in their own languages. Local empowerment through media pluralism facilitates the emergence of speech capable of countering racist hate speech.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0042","docId":"cerd-c-gc-35","idx":42,"n":42,"text":"42. The Committee encourages self-regulation and compliance with codes of ethics by Internet service providers, as underlined in the Durban Declaration and Programme of Action.[[fn:30]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":30,"text":"Durban Programme of Action, para. 147."}],"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0043","docId":"cerd-c-gc-35","idx":43,"n":43,"text":"43. The Committee encourages States parties to work with sports associations to eradicate racism in all sporting disciplines.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0044","docId":"cerd-c-gc-35","idx":44,"n":44,"text":"44. With particular reference to the Convention, States parties should disseminate knowledge of its standards and procedures, and provide associated training, particularly for those concerned with its implementation, including civil servants, the judiciary and law enforcement officials. The concluding observations of the Committee should be made widely available in the official and other commonly used languages at the conclusion of the examination of the report of the State party; opinions of the Committee under the article 14 communications procedure should similarly be made available.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"],"citedArticles":[{"treaty":"CERD","article":"14","source":"regex"}]},{"id":"cerd-c-gc-35-0045","docId":"cerd-c-gc-35","idx":45,"n":45,"text":"45. The relationship between proscription of racist hate speech and the flourishing of freedom of expression should be seen as complementary and not the expression of a zero sum game where the priority given to one necessitates the diminution of the other. The rights to equality and freedom from discrimination, and the right to freedom of expression, should be fully reflected in law, policy and practice as mutually supportive human rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["IV. General"]},{"id":"cerd-c-gc-35-0046","docId":"cerd-c-gc-35","idx":46,"n":46,"text":"46. The prevalence of racist hate speech in all regions of the world continues to represent a significant contemporary challenge for human rights. The faithful implementation of the Convention as a whole, integrated into wider global efforts to counter hate speech phenomena, represents the best hope of translating the vision of a society free from intolerance and hatred into a living reality and promoting a culture of respect for universal human rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["IV. General"]},{"id":"cerd-c-gc-35-0047","docId":"cerd-c-gc-35","idx":47,"n":47,"text":"47. The Committee regards the adoption by States parties of targets and monitoring procedures to support laws and policies combating racist hate speech to be of the utmost importance. States parties are urged to include measures against racist hate speech in national plans of action against racism, integration strategies and national human rights plans and programmes.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["IV. General"]},{"id":"cerd-c-gc-36-0001","docId":"cerd-c-gc-36","idx":1,"n":1,"text":"1. At its ninety-second session, the Committee on the Elimination of Racial Discrimination decided to hold a discussion on the theme “Racial discrimination in today’s world: racial profiling, ethnic cleansing and current global issues and challenges”. The thematic discussion took place in Geneva on 29 November 2017 and was focused on analysing the experiences, challenges and lessons learned in working to combat racial profiling and ethnic cleansing to date and on how the Committee could strengthen its work against racial profiling and ethnic cleansing, for greater impact on the ground.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["I. Introduction"]},{"id":"cerd-c-gc-36-0002","docId":"cerd-c-gc-36","idx":2,"n":2,"text":"2. Following the discussion, the Committee expressed its intention to work on drafting a general recommendation to provide guidance on preventing and combating racial profiling in order to assist States parties in discharging their obligations, including reporting obligations. The present general recommendation is of relevance to all stakeholders in the fight against racial discrimination, and through its publication the Committee seeks to contribute to the strengthening of democracy, the rule of law, and peace and security among communities, peoples and States.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["I. Introduction"]},{"id":"cerd-c-gc-36-0003","docId":"cerd-c-gc-36","idx":3,"n":3,"text":"3. At its ninety-eighth session, the Committee began deliberations with a view to drafting a general recommendation on preventing and combating racial profiling, in consultation with all interested parties.[[fn:1]] The Committee also held debates with academics from various fields, with an emphasis on the implications of artificial intelligence on racial profiling.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["I. Introduction"],"footnotes":[{"n":1,"text":"The contributions for the draft general recommendation are available at: www.ohchr.org/EN/HRBodies/CERD/Pages/GC36.aspx."}]},{"id":"cerd-c-gc-36-0004","docId":"cerd-c-gc-36","idx":4,"n":4,"text":"4. In drafting the present general recommendation, the Committee has taken account of its extensive practice in addressing racial profiling by law enforcement officials, primarily in the context of the review of State party reports and in key general recommendations. The Committee explicitly addressed the issue of racial profiling in its general recommendation No. 30 (2004) on discrimination against non-citizens, in which it recommended that States ensure that any measures taken in the fight against terrorism did not discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin and that non-citizens were not subjected to racial or ethnic profiling or stereotyping (para. 10); in its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, in which the Committee recommended that States parties take the necessary steps to prevent questioning, arrests and searches which are in reality based solely on the physical appearance of a person, that person’s colour or features or membership of a racial or ethnic group, or any profiling which exposes him or her to greater suspicion (para. 20); and in general recommendation No. 34 (2011) on racial discrimination against people of African descent, in which the Committee recommended that States take resolute action to counter any tendency to target, stigmatize, stereotype or profile people of African descent on the basis of race, by law enforcement officials, politicians and educators (para. 31). Other recommendations are also relevant to racial profiling, such as general recommendation No. 13 (1993) on the training of law enforcement officials in the protection of human rights, in which the Committee stressed that law enforcement officials should receive training to ensure they uphold the human rights of all persons without distinction as to race, colour or national or ethnic origin (para. 2); general recommendation No. 23 (1997) on the rights of indigenous peoples, in which the Committee stressed that indigenous peoples should be free from any discrimination, in particular that based on indigenous origin or identity (para. 4 (b)); general recommendation No. 27 (2000) on discrimination against Roma, in which the Committee recommended that States, taking into account their specific situations, take measures to prevent illegal use of force by police against Roma, particularly in connection with arrest and detention (para. 13), and to build trust between Roma communities and the police; general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, in which the Committee mentioned the concept of “intersectionality”, whereby the Committee addressed situations of double or multiple discrimination – such as discrimination on grounds of gender or religion – when discrimination on such a ground appeared to exist in combination with a ground or grounds listed in article 1 of the Convention (para. 7); and general recommendation No. 35 (2013) on combating racist hate speech.","labels":["Indigenous peoples","Women/girls","Roma, Gypsies, Sinti and Travellers","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["II. Established principles and practice"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-36-0005","docId":"cerd-c-gc-36","idx":5,"n":5,"text":"5. The Committee, in its concluding observations, has repeatedly expressed concern about the use of racial profiling by law enforcement officials and has recommended that States parties take measures to put an end to the practice.[[fn:2]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":2,"text":"CERD/C/RUS/CO/23-24, paras. 15–16; CERD/C/CAN/CO/21-23, paras. 15–16; CERD/C/ITA/CO/19-20, paras. 27–28; CERD/C/ESP/CO/21-23, para. 27; CERD/C/SVN/CO/8-11, para. 8 (d); CERD/C/POL/CO/20-21, para. 11; CERD/C/NLD/CO/19-21, paras. 13–15; CERD/C/CHE/CO/7-9, para. 14; and CERD/C/USA/CO/7-9, paras. 8 and 18."}],"section":["II. Established principles and practice"]},{"id":"cerd-c-gc-36-0006","docId":"cerd-c-gc-36","idx":6,"n":6,"text":"6. In addition, several other international human rights mechanisms have explicitly highlighted racial profiling as a violation of international human rights law. In 2009, through its decision in the case Williams Lecraft v. Spain,[[fn:3]] the Human Rights Committee became the first treaty body to directly acknowledge racial profiling as unlawful discrimination. In more recent concluding observations, the Human Rights Committee has regularly expressed concern at the continuous practice of racial profiling by law enforcement officials, targeting in particular specific groups such as migrants, asylum seekers, people of African descent, indigenous peoples, and members of religious and ethnic minorities, including Roma;[[fn:4]] the concern has been echoed by the Committee against Torture.[[fn:5]]","labels":["Refugees & asylum-seekers","Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":3,"text":"CCPR/C/96/D/1493/2006."},{"n":4,"text":"CCPR/C/NZL/CO/6, paras. 23–24; CCPR/C/AUT/CO/5, paras. 19–20; CCPR/C/FRA/CO/5, para. 15; CCPR/C/ESP/CO/6, para. 8; CCPR/C/RUS/CO/7, para. 9; and CCPR/C/USA/CO/4, para. 7."},{"n":5,"text":"CAT/C/USA/CO/3-5, para. 26; CAT/C/CPV/CO/1, para. 20; CAT/C/ARG/CO/5-6, para. 35; and CAT/C/NLD/CO/7, paras. 44–45."}],"section":["II. Established principles and practice"]},{"id":"cerd-c-gc-36-0007","docId":"cerd-c-gc-36","idx":7,"n":7,"text":"7. In the Durban Programme of Action, adopted by Member States at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, in 2001, States were urged to design, implement and enforce effective measures to eliminate racial profiling, comprising the practice of police and other law enforcement officials relying, to any degree, on race, colour, descent or national or ethnic origin as the basis for subjecting persons to investigatory activities or for determining whether an individual was engaged in criminal activity (para. 72).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["II. Established principles and practice"]},{"id":"cerd-c-gc-36-0008","docId":"cerd-c-gc-36","idx":8,"n":8,"text":"8. In a report submitted to the Human Rights Council in 2007, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism noted that, since 11 September 2001, law enforcement authorities in various States had adopted measures on the basis of terrorist profiles, which included characteristics such as a person’s presumed race, ethnicity, national origin or religion. The Special Rapporteur stressed that terrorist-profiling practices based on “race” were incompatible with human rights principles, were unsuitable and ineffective means of identifying potential terrorists, and entailed considerable negative consequences that might render such measures counterproductive in the fight against terrorism.[[fn:6]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":6,"text":"A/HRC/4/26, paras. 34 and 83."}],"section":["II. Established principles and practice"]},{"id":"cerd-c-gc-36-0009","docId":"cerd-c-gc-36","idx":9,"n":9,"text":"9. The present general recommendation is also drafted within the framework of, and as a contribution to, the implementation of the 2030 Agenda for Sustainable Development, with its overarching commitments to leave no one behind and reach the furthest behind first, which provide critical entry points to and opportunities for the Committee’s work, particularly with regard to Sustainable Development Goal 10, on reducing inequality within and among countries, and Goal 16, on promoting peaceful and inclusive societies for sustainable development, providing access to justice for all and building effective, accountable and inclusive institutions at all levels.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["II. Established principles and practice"]},{"id":"cerd-c-gc-36-0010","docId":"cerd-c-gc-36","idx":10,"n":10,"text":"10. The Committee has often expressed its concern about the use of racial profiling by law enforcement officials targeting various minority groups based on specific characteristics, such as a person’s presumed race, skin colour, descent or national or ethnic origin. The Committee has expressed concern at reports of law enforcement officials, such as police officers and border control officials, while carrying out their duties, engaging in arbitrary police stops, arbitrary identity checks, random inspections of objects in the possession of any person in railway stations, trains and airports, and arbitrary arrests.[[fn:7]] The Committee has noted with concern that racial profiling has increased owing to contemporary concerns about terrorism and migration that exacerbate prejudice and intolerance towards members of certain ethnic groups.","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":7,"text":"CERD/C/MUS/CO/20-23 and Corr.1, paras. 20–21; CERD/C/BLR/CO/20-23, paras. 23–24; CERD/C/ESP/CO/21-23, para. 27; and CERD/C/DEU/CO/19-22, para. 11."}],"section":["III. Scope"]},{"id":"cerd-c-gc-36-0011","docId":"cerd-c-gc-36","idx":11,"n":11,"text":"11. The Committee has recognized that specific groups, such as migrants, refugees and asylum seekers, people of African descent, indigenous peoples, and national and ethnic minorities, including Roma, are the most vulnerable to racial profiling.[[fn:8]]","labels":["Refugees & asylum-seekers","Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":8,"text":"CERD/C/MUS/CO/20-23 and Corr.1, para. 20; and CERD/C/RUS/CO/23-24, paras. 15 (b) and 16 (c); CERD/C/CAN/CO/21-23, paras. 15 and 16 (a)–(d); and CERD/C/ITA/CO/19-20, paras. 27–28."}],"section":["III. Scope"]},{"id":"cerd-c-gc-36-0012","docId":"cerd-c-gc-36","idx":12,"n":12,"text":"12. In addition, the Committee observes that the increasing use of new technological tools, including artificial intelligence, in areas such as security, border control and access to social services, has the potential to deepen racism, racial discrimination, xenophobia and other forms of exclusion. However, in the present general recommendation, the Committee focuses on algorithmic decision-making and artificial intelligence in relation to racial profiling by law enforcement officials; therefore, many other topics related to potentially harmful artificial intelligence are outside of its scope. While aware that, in some areas, artificial intelligence can contribute to greater effectiveness in a number of decision-making processes, the Committee also realizes that there is a real risk of algorithmic bias when artificial intelligence is used in decision-making in the context of law enforcement. Algorithmic profiling raises serious concerns, and the consequences with regard to the rights of the victims could be very serious.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["III. Scope"]},{"id":"cerd-c-gc-36-0013","docId":"cerd-c-gc-36","idx":13,"n":13,"text":"13. There is no universal definition of racial profiling in international human rights law. However, as a persistent phenomenon in all regions of the world, various international and regional human rights bodies and institutions have adopted definitions of racial profiling, which have a number of common elements. Racial profiling is: (a) committed by law enforcement authorities; (b) is not motivated by objective criteria or reasonable justification; (c) is based on grounds of race, colour, descent, national or ethnic origin or their intersection with other relevant grounds, such as religion, sex or gender, sexual orientation and gender identity, disability and age, migration status, or work or other status; (d) is used in specific contexts, such as controlling immigration and combating criminal activity, terrorism or other activities that allegedly violate or may result in the violation of the law.","labels":["Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0014","docId":"cerd-c-gc-36","idx":14,"n":14,"text":"14. Racial profiling is committed through behaviour or through acts such as arbitrary stops, searches, identity checks, investigations and arrests.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0015","docId":"cerd-c-gc-36","idx":15,"n":15,"text":"15. The Inter-American Commission on Human Rights has defined racial profiling as a tactic adopted for supposed reasons of public safety and protection motivated by stereotypes based on race, colour, ethnicity, language, descent, religion, nationality or place of birth, or a combination of these factors, rather than on objective suspicions, which tends to single out individuals or groups in a discriminatory way based on the erroneous assumption that people with such characteristics are prone to engage in specific types of crimes.[[fn:9]] The Arab Human Rights Committee has submitted that racial profiling can be defined as the use by law enforcement agents of generalizations or stereotypes related to presumed race, colour, descent, nationality, place of birth, or national or ethnic origin – rather than objective evidence or individual behaviour – as a basis for identifying a particular individual as being, or having been, engaged in a criminal activity, resulting in discriminatory decision-making.[[fn:10]] In its general policy recommendation No. 11 on combating racism and racial discrimination in policing, adopted in 2007, the European Commission against Racism and Intolerance defined racial profiling as the use by the police, with no objective and reasonable justification, of grounds such as race, colour, language, religion, nationality or national or ethnic origin in control, surveillance or investigative activities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":9,"text":"Inter-American Commission on Human Rights, “The situation of people of African descent in the Americas” (2011), para. 143."},{"n":10,"text":"See the contribution of the Arab Human Rights Committee."}],"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0016","docId":"cerd-c-gc-36","idx":16,"n":16,"text":"16. In a report submitted to the Human Rights Council in 2015, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance indicated that racial and ethnic profiling by law enforcement officials was commonly understood to mean a reliance by law enforcement, security and border control personnel on race, colour, descent or national or ethnic origin as a basis for subjecting persons to detailed searches, identity checks and investigations, or for determining whether an individual was engaged in criminal activity.[[fn:11]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":11,"text":"A/HRC/29/46, para. 2."}],"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0017","docId":"cerd-c-gc-36","idx":17,"n":17,"text":"17. The United Nations High Commissioner for Human Rights has stated that racial profiling refers to the process by which law enforcement relies on generalizations based on race, colour, descent or national or ethnic origin, rather than objective evidence or individual behaviour, to subject people to stops, detailed searches, identity checks and investigations, or for deciding that an individual was engaged in criminal activity. Racial profiling, then, results in discriminatory decision-making. The High Commissioner has further pointed out that, whether arising from the attitudes and practices of individual officers or the discriminatory culture or policies of law enforcement agencies, racial profiling is a long-standing practice in many agencies.[[fn:12]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":12,"text":"United Nations, Preventing and Countering Racial Profiling of People of African Descent: Good Practices and Challenges (2019), p. v."}],"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0018","docId":"cerd-c-gc-36","idx":18,"n":18,"text":"18. For the purposes of the present general recommendation, racial profiling is understood as it is described in paragraph 72 of the Durban Programme of Action, that is, the practice of police and other law enforcement relying, to any degree, on race, colour, descent or national or ethnic origin as the basis for subjecting persons to investigatory activities or for determining whether an individual is engaged in criminal activity. In this context, racial discrimination often intersects with other grounds, such as religion, sex and gender, sexual orientation and gender identity, disability, age, migration status, and work or other status.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0019","docId":"cerd-c-gc-36","idx":19,"n":19,"text":"19. Racial profiling by law enforcement officials may also include raids, border and custom checks, home searches, targeting for surveillance, operations to maintain or re-establish law and order or immigration decisions. These actions may variously take place in the context of street policing and antiterrorism operations.[[fn:13]]","labels":["Persons in street situations"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":13,"text":"See A/73/354."}],"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0020","docId":"cerd-c-gc-36","idx":20,"n":20,"text":"20. Racial profiling is linked to stereotypes and biases, which can be conscious or unconscious, and individual or institutional and structural. Stereotyping becomes a violation of international human rights law when stereotypical assumptions are put into practice to undermine the enjoyment of human rights.[[fn:14]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":14,"text":"See, for example, Simone Cusack, “Gender stereotyping as a human rights violation”, research report commissioned by the Office of the United Nations High Commissioner for Human Rights (2013)."}],"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0021","docId":"cerd-c-gc-36","idx":21,"n":21,"text":"21. The identification, prevention and combating of the practice of racial profiling by law enforcement officials is integral to the achievement of the objectives of the International Convention on the Elimination of All Forms of Racial Discrimination. The practice of racial profiling by law enforcement officials violates fundamental principles of human rights, which rest on: (a) non-discrimination based on grounds of race, colour, descent, or national or ethnic origin, or other intersecting grounds; and (b) equality before the law. It may also violate due process and fair trial rights. These principles and rights are the anchors of the Universal Declaration of Human Rights (arts. 2 and 7) and the Convention (arts. 2 and 5 (a)).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["V. Principles and general obligations under the Convention"]},{"id":"cerd-c-gc-36-0022","docId":"cerd-c-gc-36","idx":22,"n":22,"text":"22. In the preamble to the Convention it is emphasized that all human beings are equal before the law and are entitled to equal protection of the law against any discrimination and against any incitement to discrimination. While the term racial profiling is not explicitly referred to in the Convention, this has not impeded the Committee from identifying racial profiling practices and exploring the relationship between racial profiling and the standards set out in the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["V. Principles and general obligations under the Convention"]},{"id":"cerd-c-gc-36-0023","docId":"cerd-c-gc-36","idx":23,"n":23,"text":"23. Under article 2 of the Convention, each State undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and institutions, national and local, act in conformity with this obligation. As racial profiling is a practice that has the potential to promote and perpetuate racist incidents and racial prejudice and stereotypes,[[fn:15]] it runs counter to the very idea of the Convention. Accordingly, States parties are obliged to review their policies, laws and regulations with a view to ensuring that racial profiling does not take place and is not facilitated. States parties are obliged to actively take steps to eliminate discrimination through laws, policies and institutions. The prohibition on engaging in acts of racial profiling and the obligation to ensure that public authorities and institutions do not apply practices of racial profiling are furthermore derived from article 5 of the Convention. The practice of racial profiling is incompatible with the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law and to equal treatment. It is, furthermore, incompatible with the non-discriminatory guarantee of other civil rights, such as the right to freedom of movement.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":15,"text":"See, for example, CERD/C/IRL/CO/3-4, para. 18."}],"section":["V. Principles and general obligations under the Convention"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-36-0024","docId":"cerd-c-gc-36","idx":24,"n":24,"text":"24. Under article 6 of the Convention, States parties have an obligation to assure to everyone within their jurisdiction effective protection against any acts of racial discrimination. Accordingly, States parties must take preventive measures in order to ensure that public authorities and public institutions do not engage in practices of racial profiling. Article 6 also requires States parties to ensure to everyone within their jurisdiction effective remedies against any act of racial discrimination. States parties are obliged to ensure that their domestic legal order contains adequate and effective mechanisms through which to assert that racial profiling has taken place and to bring such a practice to an end. States parties must furthermore guarantee the right to seek just and adequate reparation or satisfaction for damage suffered as a result of racial discrimination in the form of racial profiling. They must ensure that this right can be enforced in an effective manner. In light of the fact that the practice of racial profiling regularly affects members of a particular group or groups, States parties are encouraged to consider establishing mechanisms for the collective enforcement of rights in the context of racial profiling.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["V. Principles and general obligations under the Convention"],"citedArticles":[{"treaty":"CERD","article":"6","source":"regex"},{"treaty":"CERD","article":"6","source":"regex"}]},{"id":"cerd-c-gc-36-0025","docId":"cerd-c-gc-36","idx":25,"n":25,"text":"25. Article 7 of the Convention highlights the role of teaching, education, culture and information in combating racial discrimination. With regard to racial profiling, the fulfilment of the obligation of States parties not to engage in acts of racial discrimination depends upon the conduct of public authorities and public institutions. It is therefore of paramount importance that national law enforcement officials in particular are properly informed of their obligations.[[fn:16]] Since racial profiling is often the result of well-established and unchallenged practices of public authorities and public institutions, States parties must ensure that national law enforcement officials are sufficiently aware of how to avoid engaging in practices of racial profiling. Raising such awareness can help to prevent the implementation of racial profiling practices and to overcome them where they are entrenched. Accordingly, States parties should ensure that the personnel of public authorities and institutions who engage in law enforcement are properly trained to ensure that they do not engage in practices of racial profiling.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":16,"text":"See general recommendation No. 13 (1993)."}],"section":["V. Principles and general obligations under the Convention"],"citedArticles":[{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-36-0026","docId":"cerd-c-gc-36","idx":26,"n":26,"text":"26. Racial profiling has negative and cumulative effects on the attitudes and well-being of individuals and communities,[[fn:17]] given that a person may be regularly subjected to racial profiling in his or her daily life. Victims of racial profiling often understate and interiorize its impact in the face of a lack of effective remedies and restorative tools. In addition to being unlawful, racial profiling may also be ineffective and counterproductive as a general law enforcement tool. People who perceive that they have been subjected to discriminatory law enforcement actions tend to have less trust in law enforcement and, as a result, tend to be less willing to cooperate, thereby potentially limiting the effectiveness of law enforcement. Racial profiling practices influence daily routines of law enforcement and undermine, whether through conscious or unconscious actions, the capacity to support victims of crimes belonging to the affected communities. A sense of injustice and humiliation, the loss of trust in law enforcement, secondary victimization, fear of reprisals and limited access to information about legal rights or assistance may result in reduced reporting of crimes and reduced information for intelligence purposes.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":17,"text":"See, for example, A/HRC/24/52/Add.2, para. 57."}],"section":["VI. Consequences of racial profiling"]},{"id":"cerd-c-gc-36-0027","docId":"cerd-c-gc-36","idx":27,"n":27,"text":"27. Racial profiling and hate speech are closely interrelated, and the Committee has often addressed those two forms of discrimination simultaneously.[[fn:18]] The dissemination of ideas based on racial or ethnic hatred, the persistent use of hate speech in the media and the use of racist political discourse by public officials exacerbate discrimination and stereotyping by law enforcement officers. Ethnic groups that are subjected to hate speech will also become targets of racial profiling. Moreover, racial profiling by law enforcement portrays groups that face racial discrimination as more prone to commit crimes, which will influence the public discourse and increase the dissemination of racist hatred.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":18,"text":"CERD/C/RUS/CO/23-24, paras. 15–16; CERD/C/SVN/CO/8-11, paras. 8–9; and CERD/C/AUS/CO/18-20, para. 14."}],"section":["VI. Consequences of racial profiling"]},{"id":"cerd-c-gc-36-0028","docId":"cerd-c-gc-36","idx":28,"n":28,"text":"28. Racial profiling may also have a negative impact on people’s enjoyment of civil and political rights, including the rights to life (article 6 of the International Covenant on Civil and Political Rights), liberty and security of person (art. 9), privacy (art. 17) and liberty of movement (art. 12), freedom of association (art. 22) and to an effective remedy (art. 2 (3)).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VI. Consequences of racial profiling"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"22","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"3","source":"regex"}]},{"id":"cerd-c-gc-36-0029","docId":"cerd-c-gc-36","idx":29,"n":29,"text":"29. The full enjoyment of people’s economic, social and cultural rights, such as the right to adequate housing (article 11 of the International Covenant on Economic, Social and Cultural Rights), health (art. 12), education (arts. 13–14) and work (art. 6), could also be affected by racial profiling.[[fn:19]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":19,"text":"See also article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination."}],"section":["VI. Consequences of racial profiling"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"article":"13","treaty":"ICESCR","rationale":"ICESCR series \"housing (art 11) … health (12), education (13-14), work (6)\" (A-LOW verdict)","source":"opus-audit"},{"article":"14","treaty":"ICESCR","rationale":"same ICESCR series, range endpoint (A-LOW verdict)","source":"opus-audit"}]},{"id":"cerd-c-gc-36-0030","docId":"cerd-c-gc-36","idx":30,"n":30,"text":"30. Racial profiling by law enforcement officials has far-reaching consequences at all levels of administration of the justice system, particularly in the criminal justice system. Racial profiling can lead to, among other things: (a) the overcriminalization of certain categories of persons protected under the Convention; (b) the reinforcement of misleading stereotypical associations between crime and ethnicity and the cultivation of abusive operational practices; (c) disproportionate incarceration rates for groups protected under the Convention; (d) the higher vulnerability of persons belonging to groups protected under the Convention to abuse of force or authority by law enforcement officials; (e) the underreporting of acts of racial discrimination and hate crimes; and (f) the handing down by courts of harsher sentences against members of targeted communities.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VI. Consequences of racial profiling"]},{"id":"cerd-c-gc-36-0031","docId":"cerd-c-gc-36","idx":31,"n":31,"text":"31. Owing to rapid advances in technological development, the actions of law enforcement officials are increasingly determined or informed by algorithmic profiling,[[fn:20]] which may include big data, automated decision-making and artificial intelligence tools and methods.[[fn:21]] While such advances have the potential to increase the accuracy, effectiveness and efficiency of the decisions and actions of law enforcement officials, there is a great risk that they may also reproduce and reinforce biases and aggravate or lead to discriminatory practices.[[fn:22]] Given the opacity of algorithmic analytics and decision-making, in particular when artificial intelligence methods are employed, discriminatory outcomes of algorithmic profiling can often be less obvious and more difficult to detect than those of human decisions and thus more difficult to contest.[[fn:23]] In addition, human rights defenders generally are not adequately equipped technologically to identify such discriminatory methods.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":20,"text":"Algorithmic profiling includes any step-by-step computerized technique used for analysing data to identify trends, patterns or correlations. European Union Agency for Fundamental Rights, Preventing Unlawful Profiling Today and in the Future: A Guide (2018), p. 97."},{"n":21,"text":"Although widely used, the term “artificial intelligence” is not clearly defined. The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has noted that artificial intelligence is often used as shorthand for the increasing independence, speed and scale connected to automated, computational decision-making. It is not one thing only, but rather refers to a “constellation” of processes and technologies enabling computers to complement or replace specific tasks otherwise performed by humans, such as making decisions and solving problems (A/73/348, para. 2)."},{"n":22,"text":"See A/HRC/44/57."},{"n":23,"text":"AI Now, “The AI Now report: the social and economic implications of artificial intelligence technologies in the near-term”, summary of the AI Now public symposium hosted by the White House and the Information Law Institute of New York University on 7 July 2016, p. 7."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0032","docId":"cerd-c-gc-36","idx":32,"n":32,"text":"32. There are various entry points through which bias could be ingrained into algorithmic profiling systems, including the way in which the systems are designed, decisions as to the origin and scope of the datasets on which the systems are trained, societal and cultural biases that developers may build into those datasets, the artificial intelligence models themselves and the way in which the outputs of the artificial intelligence model are implemented in practice.[[fn:24]] In particular, the following data-related factors may contribute to negative outcomes: (a) the data used include information concerning protected characteristics; (b) so-called proxy information is included in the data, for example, postal codes linked to segregated areas in cities often indirectly indicate race or ethnic origin; (c) the data used are biased against a group;[[fn:25]] and (d) the data used are of poor quality, including because they are poorly selected, incomplete, incorrect or outdated.[[fn:26]]","labels":["Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":24,"text":"A/73/348, para. 38."},{"n":25,"text":"For example, when past discriminatory practices, such as arrests disproportionately affecting members of one group, are reflected in the data used for profiling, it will affect the outcomes of algorithmic profiling."},{"n":26,"text":"European Union Agency for Fundamental Rights, “#BigData: discrimination in data-supported decision making”, FRA Focus paper (2018), pp. 4–5."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0033","docId":"cerd-c-gc-36","idx":33,"n":33,"text":"33. Particular risks emerge when algorithmic profiling is used for determining the likelihood of criminal activity either in certain localities, or by certain groups or even individuals. Predictive policing that relies on historical data for predicting possible future events can easily produce discriminatory outcomes, in particular when the datasets used suffer from one or more of the flaws described above.[[fn:27]] For example, historical arrest data about a neighbourhood may reflect racially biased policing practices. If fed into a predictive policing model, use of these data poses a risk of steering future predictions in the same, biased direction, leading to overpolicing of the same neighbourhood, which in turn may lead to more arrests in that neighbourhood, creating a dangerous feedback loop.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":27,"text":"See Rashida Richardson, Jason M. Schultz and Kate Crawford, “Dirty data, bad predictions: how civil rights violations impact police data, predictive policing systems, and justice”, New York University Law Review, vol. 94 (May 2019)."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0034","docId":"cerd-c-gc-36","idx":34,"n":34,"text":"34. Similar mechanisms have been reported to be present in judicial systems.[[fn:28]] When applying a sanction, or deciding whether someone should be sent to prison, be released on bail or receive another punishment, States are increasingly resorting to the use of algorithmic profiling, in order to foresee the possibilities that an individual may commit one or several crimes in the future. Authorities gather information regarding the criminal history of the individual, their family and their friends and their social conditions, including their work and academic history, in order to assess the degree of “danger” posed by the person from a score provided by the algorithm, which usually remains secret. This use of algorithmic profiling raises concerns similar to those described in paragraph 33 above.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":28,"text":"See, for example, Julia Angwin and others, “Machine bias”, ProPublica, 23 May 2016."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0035","docId":"cerd-c-gc-36","idx":35,"n":35,"text":"35. The increasing use of facial recognition and surveillance technologies to track and control specific demographic groups raises concerns with respect to many human rights, including the right to privacy, freedom of peaceful assembly and association, freedom of expression and freedom of movement. It is designed to automatically identify individuals based on their facial geometry,[[fn:29]] potentially profiling people based on grounds of discrimination such as race, colour, national or ethnic origin or gender.[[fn:30]] Cameras equipped with real-time facial recognition technology are widely applied for the purpose of flagging and tracking of individuals,[[fn:31]] which may enable Governments and others to keep records of the movements of large numbers of individuals, possibly based on protected characteristics.[[fn:32]] Moreover, it has been demonstrated that the accuracy of facial recognition technology may differ depending on the colour, ethnicity or gender of the persons assessed, which may lead to discrimination.[[fn:33]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":29,"text":"A/HRC/44/57, para. 14."},{"n":30,"text":"A/HRC/41/35, para. 12."},{"n":31,"text":"A/HRC/39/29, para. 14."},{"n":32,"text":"A/HRC/41/35, para. 12."},{"n":33,"text":"See Joy Buolamwini and Timnit Gebru, “Gender shades: intersectional accuracy disparities in commercial gender classification”, Proceedings of Machine Learning Research, vol. 81 (2018) on the proceedings of the Conference on Fairness, Accountability, and Transparency; and Inioluwa Deborah Raji and Joy Buolamwini, “Actionable auditing: investigating the impact of publicly naming biased performance results of commercial AI products” (2019), Conference on Artificial Intelligence, Ethics, and Society."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0036","docId":"cerd-c-gc-36","idx":36,"n":36,"text":"36. In some instances, algorithms are being employed in DNA testing to determine the ethnicity or nationality of individuals. The results of such DNA testing can lead to profiling. The Committee notes, in line with consensus among the scientific community, that there are no direct linkages between an individual’s DNA composition and their ethnicity or nationality. Therefore, the Committee condemns the use of DNA profiling by States and law enforcement authorities, especially border security. Additionally, results of DNA profiling have been used by law enforcement authorities to make false claims that certain ethnic minorities are more prone to violence and, in turn, those groups have been subjected to discriminatory police practices.[[fn:34]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":34,"text":"Ruha Benjamin, Race After Technology: Abolitionist Tools for the New Jim Code (Polity, 2019)."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0037","docId":"cerd-c-gc-36","idx":37,"n":37,"text":"37. A variety of strategies have been adopted by Governments, law enforcement agencies and civil society organizations to counter the problem of racial profiling. The Committee is of the view that those strategies provide the basis for its recommendations to States and other actors.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations"]},{"id":"cerd-c-gc-36-0038","docId":"cerd-c-gc-36","idx":38,"n":38,"text":"38. As a prerequisite, and without prejudice to further measures, comprehensive legislation against racial discrimination, including civil and administrative law as well as criminal law, is indispensable to combating racial profiling effectively. States should develop and effectively implement laws and policies that define and prohibit racial profiling by law enforcement officials. Such measures should be accompanied by clear guidance for law enforcement agencies, ensuring that internal policies, including standard operating procedures and codes of conduct, are in line with human rights standards and principles. States should also be aware of laws and regulations that potentially enable or facilitate racial profiling. They should conduct studies to identify such laws and amend or repeal them accordingly.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","A. Legislative and policy-related measures"]},{"id":"cerd-c-gc-36-0039","docId":"cerd-c-gc-36","idx":39,"n":39,"text":"39. States should ensure that law enforcement agencies develop, in consultation with relevant groups, detailed guidelines for stop-and-search practices with precise standards, in order to prevent racial profiling. They should establish effective, independent monitoring mechanisms, both internal and external, and envisage disciplinary measures for application in cases of misconduct. They should also carry out periodic audits, with the help of independent experts, to identify gaps in internal policies and practices. Transparency around the outcomes of such procedures is strongly recommended, as it may strengthen law enforcement accountability and trust among targeted individuals and communities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","A. Legislative and policy-related measures"]},{"id":"cerd-c-gc-36-0040","docId":"cerd-c-gc-36","idx":40,"n":40,"text":"40. In accordance with article 6 of the Convention, States must assure to everyone within their jurisdiction effective protection and remedies against any acts of racial discrimination which violate his or her human rights and fundamental freedoms contrary to the Convention, as well as the right to seek just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","A. Legislative and policy-related measures"],"citedArticles":[{"treaty":"CERD","article":"6","source":"regex"}]},{"id":"cerd-c-gc-36-0041","docId":"cerd-c-gc-36","idx":41,"n":41,"text":"41. States are encouraged to adopt victim-centred approaches and to coordinate their support services effectively by promoting models of cooperation among the authorities, communities, civil society organizations, including those representing groups experiencing intersecting forms of discrimination, and national human rights institutions. The Committee stresses the interconnection between articles 5 (a) and 6 of the Convention and notes that judicial authorities and other organs administering justice should be effectively consulted and involved in such processes to prevent the perpetuation of a racial profiling effect in criminal proceedings.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","A. Legislative and policy-related measures"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"6","source":"regex"}]},{"id":"cerd-c-gc-36-0042","docId":"cerd-c-gc-36","idx":42,"n":42,"text":"42. States should develop specialized, mandatory training programmes for law enforcement agencies that raise awareness among law enforcement officials about the impact of biases on their work and that demonstrate how to ensure non-discriminatory conduct. Stigmatized groups, including those whose members experience intersecting forms of discrimination, should be engaged in the development and delivery of such training, where possible. Law enforcement agencies should ensure that in-service training to counter discrimination and bias-based policing is complemented by institutional interventions aimed at limiting discretion and increased oversight in areas vulnerable to stereotyping and biases. In addition, given concerns about the limitations of training on changing attitudes and behaviour, non-discrimination and bias training should be regularly evaluated and updated to ensure that it has the desired impact.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","B. Human rights education and training"]},{"id":"cerd-c-gc-36-0043","docId":"cerd-c-gc-36","idx":43,"n":43,"text":"43. Both artificial intelligence experts and officials who interpret data must have a clear understanding of fundamental rights in order to avoid the entry of data that may contain or result in racial bias. States should provide training on racism and racial discrimination for experts and officials who interpret data, judicial officers and law enforcement officers, among others. States should develop procurement policies based on mandatory terms prohibiting racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","B. Human rights education and training"]},{"id":"cerd-c-gc-36-0044","docId":"cerd-c-gc-36","idx":44,"n":44,"text":"44. States, in cooperation with national human rights institutions and specialized entities, should promote the training of civil society organizations on algorithmic bias and emerging technologies.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","B. Human rights education and training"]},{"id":"cerd-c-gc-36-0045","docId":"cerd-c-gc-36","idx":45,"n":45,"text":"45. Human rights education and training are vital to ensuring that police officers do not discriminate. National human rights institutions, in cooperation with civil society organizations, can play a central role in training law enforcement officials, in auditing new technological tools that could lead to discrimination and in identifying other risks in practice.[[fn:35]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":35,"text":"Contribution from Nicaragua."}],"section":["VIII. Recommendations","B. Human rights education and training"]},{"id":"cerd-c-gc-36-0046","docId":"cerd-c-gc-36","idx":46,"n":46,"text":"46. States should ensure that law enforcement agencies develop recruitment, retention and advancement strategies that promote a diverse workforce that reflects the composition of the populations they serve. Such strategies could include setting internal quotas and developing a recruitment programme for ethnic minorities. This has the potential to influence the culture of agencies and the attitudes of staff with a view to producing less biased decision-making.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","C. Recruitment measures"]},{"id":"cerd-c-gc-36-0047","docId":"cerd-c-gc-36","idx":47,"n":47,"text":"47. States should ensure that law enforcement agencies regularly evaluate recruitment and promotion policies and, if necessary, undertake temporary special measures to effectively address the underrepresentation of various national or ethnic minority groups and of groups experiencing intersecting forms of discrimination based on, inter alia, religion, sex and gender, sexual orientation, disability and age.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","C. Recruitment measures"]},{"id":"cerd-c-gc-36-0048","docId":"cerd-c-gc-36","idx":48,"n":48,"text":"48. States should ensure that law enforcement agencies develop strategies for effective engagement with individuals and groups facing racial discrimination that take into account the unique context, dynamics and needs of different communities. This should help to improve communication and reduce levels of distrust and of racial profiling. Police-community dialogue should be expanded beyond community leaders, as many groups, including women, are underrepresented at the community leadership level and may need dedicated and sensitive outreach efforts. Young people who are most commonly targeted by police would be a key example.","labels":["Adolescents"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","D. Community policing"]},{"id":"cerd-c-gc-36-0049","docId":"cerd-c-gc-36","idx":49,"n":49,"text":"49. States should adopt measures to ensure that public information from the police and other law enforcement agencies is based on reliable and objective statistics and does not perpetuate stereotypes and bias against ethnic groups that are subjected to discrimination. In addition, States should refrain from releasing personal data about alleged perpetrators that are linked to presumed race, colour, descent or national or ethnic origin, unless such disclosure is strictly necessary and serves a legitimate purpose, such as in the case of a wanted notice.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","D. Community policing"]},{"id":"cerd-c-gc-36-0050","docId":"cerd-c-gc-36","idx":50,"n":50,"text":"50. States should regularly collect and monitor disaggregated quantitative and qualitative data on relevant law enforcement practices, such as identity checks, traffic stops and border searches, which include information on the prohibited grounds for racial discrimination, including its intersecting forms, as well as the reason for the law enforcement action and the outcome of the encounter. The anonymized statistics generated by such practices should be made available to the public and discussed with local communities. The data should be collected in accordance with human rights standards and principles, data protection regulations and privacy guarantees. This information must not be misused.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","E. Disaggregated data"]},{"id":"cerd-c-gc-36-0051","docId":"cerd-c-gc-36","idx":51,"n":51,"text":"51. States should also guard against forms of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.[[fn:36]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":36,"text":"Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, art. 3 (4)."}],"section":["VIII. Recommendations","E. Disaggregated data"]},{"id":"cerd-c-gc-36-0052","docId":"cerd-c-gc-36","idx":52,"n":52,"text":"52. States should create a reporting mechanism, independent of law enforcement and other related agencies, for receiving complaints of racial discrimination, racism and racial and ethnic profiling from citizens.[[fn:37]] Such a mechanism must have the power to promptly and effectively investigate allegations and work in concert with civil society and human rights monitoring bodies. It must also report publicly on its findings in accordance with data protection regulations and human rights standards. Such mechanisms should take into account the special needs of persons with disabilities in cases of intersectional discrimination.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":37,"text":"European Commission against Racism and Intolerance, general policy recommendation No. 11, para. 10 and explanations."}],"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0053","docId":"cerd-c-gc-36","idx":53,"n":53,"text":"53. States should establish oversight mechanisms, both within and external to law enforcement bodies, in order to prevent discriminatory behaviour; such mechanisms should develop internal guidelines, policies and regulations to combat and prevent racial profiling and ensure internal accountability by taking disciplinary action against officials who violate them.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0054","docId":"cerd-c-gc-36","idx":54,"n":54,"text":"54. Incidents of racial profiling by law enforcement agencies should be investigated effectively, in accordance with international human rights standards. Those responsible should be prosecuted and, if convicted, they should be sanctioned with appropriate penalties and compensation should be granted to victims.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0055","docId":"cerd-c-gc-36","idx":55,"n":55,"text":"55. States should ensure that senior officials within law enforcement agencies promote non-discriminatory policies and practices within their agencies, rigorously monitor the conduct of staff and hold staff accountable for misconduct through the internal, independent oversight mechanism.[[fn:38]] These actions can be supported through the availability of data on and analysis of the decision-making and practices of staff. Senior officials should also review the impact of the application of legislation and operations, including those for countering terrorism, which may have a disproportionate impact on marginalized groups and communities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":38,"text":"See paragraph 53 above."}],"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0056","docId":"cerd-c-gc-36","idx":56,"n":56,"text":"56. National human rights institutions and civil society organizations are encouraged to monitor incidents of racial profiling and assist victims of such profiling. They should increase public awareness, publicize findings, lobby for reforms and engage constructively with law enforcement agencies and other national and local institutions.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0057","docId":"cerd-c-gc-36","idx":57,"n":57,"text":"57. International and regional human rights mechanisms, national human rights institutions and equality bodies, civil society groups and members of the public should have the possibility to make complaints regarding discriminatory practices of law enforcement agencies. Members of the public should be able to file complaints through independent mechanisms.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0058","docId":"cerd-c-gc-36","idx":58,"n":58,"text":"58. States should ensure that algorithmic profiling systems used for the purposes of law enforcement are in full compliance with international human rights law. To that effect, before procuring or deploying such systems States should adopt appropriate legislative, administrative and other measures to determine the purpose of their use and to regulate as accurately as possible the parameters and guarantees that prevent breaches of human rights. Such measures should, in particular, be aimed at ensuring that the deployment of algorithmic profiling systems does not undermine the right not to be discriminated against, the right to equality before the law, the right to liberty and security of person, the right to the presumption of innocence, the right to life, the right to privacy, freedom of movement, freedom of peaceful assembly and association, protections against arbitrary arrest and other interventions, and the right to an effective remedy.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0059","docId":"cerd-c-gc-36","idx":59,"n":59,"text":"59. States should carefully assess the potential human rights impact prior to employing facial recognition technology, which can lead to misidentification owing to a lack of representation in data collection. Before national deployment, States should consider a pilot period under the supervision of an independent oversight body that is inclusive of individuals who reflect the diverse composition of the population, to mitigate against any potential instances of misidentification and profiling based on skin colour.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0060","docId":"cerd-c-gc-36","idx":60,"n":60,"text":"60. States should ensure that algorithmic profiling systems deployed for law enforcement purposes are designed for transparency, and should allow researchers and civil society to access the code and subject it to scrutiny. There should be continual assessment and monitoring of the human rights impact of those systems throughout their life cycle, and States should take appropriate mitigation measures if risks or harms to human rights are identified. Those processes should examine potential and actual discriminatory effects of algorithmic profiling based on grounds of race, colour, descent, or national or ethnic origin and their intersection with other grounds, including religion, sex and gender, sexual orientation and gender identity, disability, age, migration status and work or other status. They should be conducted prior to the development or acquisition of such systems, wherever possible, and at the very least prior to and during the full period of the use of the systems. Such processes should include community impact assessments. Groups that are potentially or actually affected and relevant experts should be included in the assessment and mitigation processes.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0061","docId":"cerd-c-gc-36","idx":61,"n":61,"text":"61. States should take all appropriate measures to ensure transparency in the use of algorithmic profiling systems. This includes public disclosure of the use of such systems and meaningful explanations of the ways in which the systems work, the data sets that are being used, and the measures in place to prevent or mitigate human rights harms.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0062","docId":"cerd-c-gc-36","idx":62,"n":62,"text":"62. States should adopt measures to ensure that independent oversight bodies have a mandate to monitor the use of artificial intelligence tools by the public sector, and to assess them against criteria developed in conformity with the Convention to ensure they are not entrenching inequalities or producing discriminatory results. States should also ensure that the functioning of such systems is regularly monitored and evaluated in order to assess deficiencies and to take the necessary corrective measures. When the results of an assessment of a technology indicate a high risk of discrimination or other human rights violations, States should take measures to avoid the use of such a technology.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0063","docId":"cerd-c-gc-36","idx":63,"n":63,"text":"63. States should adopt measures to ensure that private sector design, deployment and implementation of artificial intelligence systems in the area of law enforcement comply with human rights standards. States should also ensure the adoption and periodic revision of guidelines and codes of conduct that companies must observe in the programming, use and commercialization of algorithms that may lead to racial discrimination or, in general, any other form of discrimination likely to be in violation of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0064","docId":"cerd-c-gc-36","idx":64,"n":64,"text":"64. States should adopt regulations ensuring that public sector bodies, private business enterprises and other relevant organizations, in the process of developing, learning, marketing and using algorithms: (a) comply with the principle of equality and non-discrimination, and respect human rights in general, in line with the Guiding Principles on Business and Human Rights (in particular guiding principles 1–3, 11 and 24); (b) respect the precautionary principle and any administrative or legislative measure enacted to ensure transparency; (c) disclose publicly whether law enforcement has access to private data on individuals; and (d) avoid causing disparate or disproportionate impact on the social groups protected by the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0065","docId":"cerd-c-gc-36","idx":65,"n":65,"text":"65. States should ensure that all instances of algorithmic bias are duly investigated and that sanctions are imposed.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0066","docId":"cerd-c-gc-36","idx":66,"n":66,"text":"66. States should ensure that companies that are developing, selling or operating algorithmic profiling systems for law enforcement purposes have a responsibility to involve individuals from multiple disciplines, such as sociology, political science, computer science and law, to define the risks to, and ensure respect for, human rights. To that end, States should encourage companies to carry out human rights due diligence processes, which entail: (a) conducting assessments to identify and assess any actual or potentially adverse human rights impacts; (b) integrating those assessments and taking appropriate action to prevent and mitigate adverse human rights impacts that have been identified; (c) tracking the effectiveness of their efforts; and (d) reporting formally on how they have addressed their human rights impacts.[[fn:39]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":39,"text":"A/HRC/39/29, para. 45; and Guiding Principles on Business and Human Rights, guiding principles 17–21. See also Amnesty International and Access Now, Toronto Declaration: Protecting the Right to Equality and Non-Discrimination in Machine Learning Systems."}],"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0067","docId":"cerd-c-gc-36","idx":67,"n":67,"text":"67. In the process of identifying, assessing, preventing and mitigating adverse human rights impacts, companies should pay particular attention to the data-related factors outlined in paragraph 27 above. Training data should be selected, and models designed, so as to prevent discriminatory outcomes and other adverse impacts on human rights. Moreover, companies should pursue diversity, equity and other means of inclusion in the teams developing algorithmic profiling systems. Companies should also be open to independent third-party audits of their algorithmic profiling systems.[[fn:40]] Where the risk of discrimination or other human rights violations has been assessed to be too high or impossible to mitigate, including because of the nature of a planned or foreseeable use by a State, private sector actors should not sell or deploy an algorithmic profiling system.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":40,"text":"See the Toronto Declaration: Protecting the Right to Equality and Non-Discrimination in Machine Learning Systems."}],"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0068","docId":"cerd-c-gc-36","idx":68,"n":68,"text":"68. States should document cases of racial discrimination associated with artificial intelligence, as well as prevention measures, sanctions and remedies, and include such information in their reports to the Committee.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0069","docId":"cerd-c-gc-36","idx":69,"n":69,"text":"69. Human rights bodies, States, national human rights institutions and civil society organizations should carry out, and disseminate the results of, studies, identify good practices on effective measures addressing racial biases derived from artificial intelligence, including those related to human rights compliance and ethical aspects of machine learning, and identify relevant criteria in terms of interpretation or transparency in the processes of the programming and training of algorithms, and should do so through the lens of the International Convention on the Elimination of All Forms of Racial Discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-37-0001","docId":"cerd-c-gc-37","idx":1,"n":1,"text":"The realization of the right to equality and non-discrimination is an absolute prerequisite for the effective enjoyment of the right to the highest attainable standard of physical and mental health. Those rights are enshrined in numerous international human rights instruments,[[fn:1]] and the health of all peoples has been recognized as “fundamental to the attainment of peace and security”.[[fn:2]] The commitment to ensuring healthy lives for all at all ages and to reducing inequalities within and among countries was renewed in the 2030 Agenda for Sustainable Development, namely in Sustainable Development Goals 3 and 10. Equality is embedded in the One Health approach, which is aimed at sustainably balancing and optimizing the health of people, animals and ecosystems[[fn:3]] for global health security.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":1,"text":"See, e.g., International Covenant on Economic, Social and Cultural Rights, arts. 2 (2), 3 and 12; Convention on the Elimination of All Forms of Discrimination against Women, art. 12; Convention on the Rights of the Child, arts. 2 (2) and 24; Convention on the Rights of Persons with Disabilities, art. 25; and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, arts. 43 and 45."},{"n":2,"text":"Constitution of the World Health Organization (WHO)."},{"n":3,"text":"WHO, One Health High-Level Expert Panel, “The One Health definition and principles developed by OHHLEP” (2023)."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-37-0002","docId":"cerd-c-gc-37","idx":2,"n":2,"text":"Employment, education, exposure to the physical environment, occupational hazards, housing, chemicals, air and water quality, sanitation and hygiene, climate change and economic, social and development policies have a significant impact on one’s health and well-being, as they influence access to resources, opportunities and quality of life. Structural determinants have the largest impact on patterns of health inequities.[[fn:4]] Racism, classism, sexism, ableism, xenophobia, homophobia and transphobia are among the structural determinants of health.[[fn:5]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":4,"text":"WHO, Operational Framework for Monitoring Social Determinants of Health Equity (2024), p. 2. See also Commission on Social Determinants of Health, Closing the Gap in a Generation: Health Equity through Action on the Social Determinants of Health (WHO, 2008), p. 8; and World Health Assembly resolution WHA74.16."},{"n":5,"text":"WHO, Operational Framework."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-37-0003","docId":"cerd-c-gc-37","idx":3,"n":3,"text":"Disadvantaged groups experience higher levels of exposure to health risks and higher levels of associated mortality,[[fn:6]] while the denial of access to essential medicines, vaccines and other health products creates or perpetuates discrimination and exacerbates existing inequalities in the realization of the right to health,[[fn:7]] including mental health. The legacies of colonialism, slavery and apartheid persist,[[fn:8]] and States parties have shown reluctance to effectively acknowledge in their policies and actions the negative effects that continue to disadvantage people of African descent[[fn:9]] and members of other racial and ethnic groups.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":6,"text":"WHO, World Health Statistics 2023: Monitoring Health for the SDGs, Sustainable Development Goals (2023)."},{"n":7,"text":"A/HRC/53/50, para. 8."},{"n":8,"text":"A/HRC/54/4."},{"n":9,"text":"General recommendation No. 34 (2011)."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-37-0004","docId":"cerd-c-gc-37","idx":4,"n":4,"text":"Evidence shows that reducing inequalities and eliminating racial discrimination in the enjoyment of the right to health have a positive effect on health outcomes.[[fn:10]] This contributes to building healthier societies in which everyone’s right to health is respected, protected and fulfilled. With the present general recommendation, the Committee addresses urgent calls for action, and aims to promote better coordination within and among States parties to clarify the measures under the International Convention on the Elimination of All Forms of Racial Discrimination necessary for eliminating racial discrimination and guaranteeing equal enjoyment of the right to health.[[fn:11]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":10,"text":"WHO, Operational Framework, p. 29."},{"n":11,"text":"The Committee held a thematic discussion on racial discrimination and the right to health during its 107th session, and four online regional consultations between July 2023 and March 2024. Observations were submitted by States parties, international organizations and agencies, national human rights institutions, civil society organizations, associations of health professionals, and academics."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-37-0005","docId":"cerd-c-gc-37","idx":5,"n":5,"text":"Articles 1 (1) and 5 (e) (iv) of the Convention provide for the right of everyone to be free from all forms of racial discrimination and for the right to equality in the enjoyment of the right to public health, medical care, social security and social services. All persons,[[fn:12]] including those belonging to ethnic or minority groups, such as Roma, Travellers, members of Indigenous Peoples, members of castes, people of African descent, people of Asian descent, migrants, asylum-seekers, refugees, stateless persons and persons subjected to skin colour-based discrimination, including persons with albinism,[[fn:13]] have the right to health irrespective of age, religion and belief, health status, disability, migratory status, class, socioeconomic status, sex, sexual orientation, gender identity, gender expression, sex characteristics or substance use.[[fn:14]]","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Roma, Gypsies, Sinti and Travellers","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":12,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), para. 1."},{"n":13,"text":"CERD/C/SEN/CO/19-23, paras. 22 and 23; and CERD/C/ZAF/CO/4-8, paras. 20 and 21."},{"n":14,"text":"General recommendation No. 32 (2009), para. 7; and A/77/197, paras. 3 and 6."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health"],"citedArticles":[{"treaty":"CERD","article":"1","paragraph":"1","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0006","docId":"cerd-c-gc-37","idx":6,"n":6,"text":"Under the Convention, health is understood in the light of article 12 (1) of the International Covenant on Economic, Social and Cultural Rights, namely as the highest attainable standard of physical and mental health, and is increasingly viewed through an ecocentric lens. This perspective resonates with elements of Indigenous Peoples’ definitions of health, which include individual and collective dimensions and integrate spirituality, traditional medicine, biodiversity and interconnectedness,[[fn:15]] and which are closely tied to the right to self-determination and supported by the principles of the United Nations Declaration on the Rights of Indigenous Peoples. The right to health extends not only to timely and appropriate healthcare but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related education and information, including on sexual and reproductive health. A further important aspect is the participation of the population in all health-related decision-making at the community, national and international levels.[[fn:16]] This holistic approach is aligned with the text of article 5 (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination. Public health is focused on the prevention and control of disease and injury, the improvement of underlying determinants of health, and the quality of interaction among authorities, health-related professionals and the population. Medical care integrates the right to timely and appropriate health goods and services and includes palliative, curative and rehabilitative health. Social security and social services, inextricably linked to societal efforts to improve the determinants of health,[[fn:17]] are strategic rights in eliminating racial discrimination in health.[[fn:18]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":15,"text":"E/C.19/2023/5 and A/HRC/33/57. See also E/2013/43-E/C.19/2013/25, para. 4."},{"n":16,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), para. 11."},{"n":17,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 19 (2007), paras. 2, 29 and 30."},{"n":18,"text":"General recommendations No. 27 (2000), para. 33, and No. 34 (2011), para. 55."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health"],"citedArticles":[{"article":"12","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 12 (1) of the International Covenant on Economic, Social and Cultural Rights' as the definition of the right to health."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 5 (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination', clearly attributing this to CERD."}]},{"id":"cerd-c-gc-37-0007","docId":"cerd-c-gc-37","idx":7,"n":7,"text":"The Convention prohibits direct and indirect discrimination.[[fn:19]] This includes action, either acts or omissions, taken pursuant to laws, policies or practices that disproportionately disadvantage racial or ethnic groups, that have an unjustifiable disparate impact upon racial or ethnic groups[[fn:20]] or that fail to secure adequate advancement for disadvantaged racial or ethnic groups to ensure equal enjoyment of their rights (art. 1 (4)). The status of the prohibition of racial discrimination in international law[[fn:21]] necessitates the imposition of the strict scrutiny standard in assessing the proportionality[[fn:22]] of the effect of any distinction, exclusion or restriction in the enjoyment of the right to health. A distinction based on the grounds of race, colour, descent or national or ethnic origin that nullifies, whether in law or practice, the exercise of the right to health is disproportionate to any legitimate aim and constitutes a violation of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":19,"text":"General recommendation No. 32 (2009), para. 7; and L.R. et al. v. Slovakia (CERD/C/66/D/31/2003 and CERD/C/66/D/31/2003/Corr.1), para. 10.4."},{"n":20,"text":"General recommendation No. 14 (1993), para. 2."},{"n":21,"text":"A/77/10, p. 87."},{"n":22,"text":"General recommendation No. 30 (2004), para. 4."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Direct, indirect and structural racial discrimination"],"citedArticles":[{"treaty":"CERD","article":"1","paragraph":"4","source":"regex"}]},{"id":"cerd-c-gc-37-0008","docId":"cerd-c-gc-37","idx":8,"n":8,"text":"Discriminatory criteria, such as those based on race-based disease stereotyping, even where not explicitly stated in law, are still used as a basis for decision-making. Discriminatory practices, such as those based on the misrepresentation of traditional health practices, disadvantage individuals or groups protected under the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Direct, indirect and structural racial discrimination"]},{"id":"cerd-c-gc-37-0009","docId":"cerd-c-gc-37","idx":9,"n":9,"text":"9. Discriminatory acts may be experienced individually, for example as lack of access to quality obstetric care,[[fn:23]] or within a group, for example as geographic and residential segregation without access to healthcare providers.[[fn:24]] Discriminatory omissions may be experienced individually, for example as the failure to offer a treatment owing to racial bias regarding the health status of the person, or may be group related, such as a failure to take measures against racism, including against stigmatization, labelling and scapegoating, which often results in discriminatory acts and even violence against groups and minorities.[[fn:25]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":23,"text":"Committee on the Elimination of Discrimination against Women, Da Silva Pimentel v. Brazil (CEDAW/C/49/D/17/2008), para. 7.7."},{"n":24,"text":"General recommendation No. 27 (2000), para. 31."},{"n":25,"text":"Statement 3 (2020) on the coronavirus disease (COVID-19) pandemic and its implications under the International Convention on the Elimination of All Forms of Racial Discrimination (A/76/18, para. 18)."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Direct, indirect and structural racial discrimination"]},{"id":"cerd-c-gc-37-0010","docId":"cerd-c-gc-37","idx":10,"n":10,"text":"10. Racial discrimination also occurs at the structural level, particularly in relation to a lack of adequate policies addressing long-standing health inequities and high rates of poverty and social exclusion,[[fn:26]] and is reflected in the low rate of participation by, and representation of, persons protected by the Convention in political and institutional decision-making processes; the limited social recognition and valuation of ethnic and cultural diversity; the disproportionate presence of persons protected by the Convention in prison populations;[[fn:27]] and involuntary institutionalization in psychiatric hospitals, which disproportionately affects persons protected by the Convention.","labels":["Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":26,"text":"CERD/C/MEX/CO/16-17, para. 18; CERD/C/RWA/CO/13-17, para. 16; CERD/C/SLV/CO/18-19, para. 14; and CERD/C/HUN/CO/18-25, para. 20."},{"n":27,"text":"General recommendation No. 34 (2011), paras. 5 and 6."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Direct, indirect and structural racial discrimination"]},{"id":"cerd-c-gc-37-0011","docId":"cerd-c-gc-37","idx":11,"n":11,"text":"11. Structural inequalities were deepened during the coronavirus disease (COVID-19) pandemic, which exacerbated vulnerabilities linked to enduring practices of discrimination and exclusion.[[fn:28]] The pandemic’s disproportionate impact on individuals and groups protected by the Convention resulted from a combination of factors.[[fn:29]] Higher poverty rates and limited access to social determinants of health hindered compliance with public health measures, such as handwashing and physical distancing. A higher prevalence of underlying health conditions increased their vulnerability to severe illness. Overpolicing and disproportionate incarceration heightened the risk of infection in detention and increased stress and anxiety levels, further contributing to the likelihood of serious illness.","labels":["Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":28,"text":"Statement 3 (2020) on the coronavirus disease (COVID-19) pandemic."},{"n":29,"text":"Statement 2 (2022) on the lack of equitable and non-discriminatory access to COVID-19 vaccines (A/77/18, para. 20)."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Direct, indirect and structural racial discrimination"]},{"id":"cerd-c-gc-37-0012","docId":"cerd-c-gc-37","idx":12,"n":12,"text":"12. The prohibition of racial discrimination includes intersectionality as “a concept and a theoretical framework that facilitate comprehension of the ways in which social identities overlap and create compounding experiences of discrimination and concurrent forms of oppression”[[fn:30]] on the grounds of race, colour, descent or national or ethnic origin and other grounds, such as age, religion and belief, health status, disability, migratory status, socioeconomic status, sex, sexual orientation, gender identity, gender expression or sex characteristics. For example, barriers in reproductive healthcare have a cumulative effect on Indigenous women and girls,[[fn:31]] women and girls of African descent, women and girls belonging to ethnic minorities or castes, and gender-diverse persons; particularly affected among those groups are adolescents and those who are socioeconomically disadvantaged or live in rural areas.[[fn:32]] Evidence shows that persons living in poverty or vulnerable conditions are more likely than persons from higher socioeconomic groups to be arrested and prosecuted for drug-related offences, and that arrest rates among Indigenous young persons and young persons of African descent are especially high.[[fn:33]]","labels":["Indigenous peoples","Migrants","Women/girls","Children","Adolescents","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":30,"text":"United Nations network on racial discrimination and protection of minorities, Guidance Note on Intersectionality, Racial Discrimination and Protection of Minorities (2023), p. 11."},{"n":31,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 39 (2022), para. 51."},{"n":32,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 24 (1999), para. 7."},{"n":33,"text":"WHO, Global Status Report on Alcohol and Health and Treatment of Substance Use Disorders (2024), p. 12."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Intersectional discrimination and inequalities"]},{"id":"cerd-c-gc-37-0013","docId":"cerd-c-gc-37","idx":13,"n":13,"text":"13. Racially prejudiced attitudes, beliefs and stereotypes are pervasive and influence perceptions, decisions, behaviours and interactions in both conscious and unconscious ways. Historically linked with inequalities in power,[[fn:34]] racial biases are reinforced by societal and cultural norms and by personal experiences. The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health has affirmed that acknowledging implicit bias and taking actions to break down institutional barriers are the first steps to eliminating pervasive racial disparities in healthcare and improving the outcomes for patients.[[fn:35]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":34,"text":"United Nations Educational, Scientific and Cultural Organization, Declaration on Race and Racial Prejudice, art. 2."},{"n":35,"text":"A/77/197, para. 49."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Racial bias, including in algorithms"]},{"id":"cerd-c-gc-37-0014","docId":"cerd-c-gc-37","idx":14,"n":14,"text":"14. Health studies have revealed that biases result in the stereotyping of patients belonging to racial and ethnic groups, perpetuating sexism and other power hierarchies and engendering mistrust regarding the symptoms they report or their ability to make informed decisions. Implicit bias is prevalent in the healthcare sector and can lead to inaccurate pain diagnoses and treatment recommendations, ultimately affecting the quality of care provided.[[fn:36]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":36,"text":"WHO, Strengthening Primary Health Care to Tackle Racial Discrimination, Promote Intercultural Services And Reduce Health Inequities: Research Brief (2022), p. 10."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Racial bias, including in algorithms"]},{"id":"cerd-c-gc-37-0015","docId":"cerd-c-gc-37","idx":15,"n":15,"text":"15. Despite the positive effect that new technologies may have on the quality of healthcare and the enjoyment of the right to health, racial discrimination may permeate artificial intelligence through electronic health records fed to machine-learning algorithms,[[fn:37]] which are being used increasingly in health systems. Clinical algorithms reproduce structural inequalities in outcomes in hospitals by translating them into health indicators or by failing to assess the combined effects of psychosocial, genetic and environmental factors. The lack of transparency prevents health providers from adjusting the algorithms in practice.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":37,"text":"A/HRC/53/65, para. 82."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Racial bias, including in algorithms"]},{"id":"cerd-c-gc-37-0016","docId":"cerd-c-gc-37","idx":16,"n":16,"text":"16. The principle of equality underpinned by the Convention combines formal equality before the law with equal protection of the law, with substantive equality in the enjoyment of the right to health as the aim.[[fn:38]] To achieve formal equality, national legislation must prohibit racial discrimination in the enjoyment of the right to health. The law should be applied equally to everyone, without any racial discrimination, and everyone should have an equal right to a remedy against racial discrimination. Achieving substantive or de facto equality requires active efforts to address ongoing structural disparities and existing inequalities. The aim of such efforts is to achieve adequate advancement for disadvantaged groups, ensuring their full and equal enjoyment of the right to health, taking into account the specific needs of different groups or individuals affected by racial discrimination.[[fn:39]]","labels":["Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":38,"text":"General recommendation No. 32 (2009), para. 6."},{"n":39,"text":"General recommendations No. 27 (2000), para. 33, No. 32 (2009), paras. 11 and 14, and No. 34 (2011), para. 55."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","2. Scope of equality"]},{"id":"cerd-c-gc-37-0017","docId":"cerd-c-gc-37","idx":17,"n":17,"text":"17. In accordance with the Convention, States parties should: recognize and remedy the effect of racial bias and stigmatization (arts. 2 (1) (d) and 4);[[fn:40]] redress the disadvantage of protected individuals and groups by ensuring positive and special measures (art. 2 (2)); ensure the active participation of underrepresented groups (art. 2 (1) (e));[[fn:41]] and pursue structural changes (art. 2 (1)).[[fn:42]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":40,"text":"CERD/C/NLD/CO/22-24, paras. 27 and 28; and CERD/C/RWA/CO/13-17, para. 16."},{"n":41,"text":"CERD/C/USA/CO/10-12, para. 9; and general recommendation No. 34 (2011), para. 56."},{"n":42,"text":"CERD/C/ARG/CO/24-26, para. 21; and CERD/C/USA/CO/10-12, para. 36."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","2. Scope of equality"],"citedArticles":[{"treaty":"CERD","article":"2","paragraph":"2","source":"regex"},{"treaty":"CERD","article":"2","paragraph":"1","source":"regex"},{"treaty":"CERD","article":"2","paragraph":"1","source":"regex"}]},{"id":"cerd-c-gc-37-0018","docId":"cerd-c-gc-37","idx":18,"n":18,"text":"18. Racial discrimination is both a separate health risk and a structural social determinant of health. It produces and exacerbates health inequities, leading to, or increasing the incidence of, cases of preventable disease and death. The right to equality and freedom from racial discrimination in the enjoyment of the right to health comprises: the right to the prevention of health-harming conditions, disease and injury, including during emergencies; the right to bodily autonomy and physical integrity, including the right to informed consent; the right to equal and unhindered access to information and culturally appropriate, gender-sensitive and context-responsive health facilities, goods and services, and the right to privacy and confidentiality in that context; the right to be protected against practices by private actors that cause ill-health; the right to participation in health-related decision-making at the community, national and international levels; and the right to an effective remedy and reparation for any damage suffered as a result of racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","2. Scope of equality"]},{"id":"cerd-c-gc-37-0019","docId":"cerd-c-gc-37","idx":19,"n":19,"text":"19. Freedom from racial discrimination and structural inequalities in key determinants of health includes freedom from disproportionate exposure to vulnerability and health-harming conditions, the right to equal protection of necessary material and psychosocial conditions, the right to be equally protected against practices by private actors that cause harm and the right to the mitigation and reparation of harm. Children and adolescents, older persons, persons with disabilities, women and gender-diverse persons have the right to contextsensitive preventive and protective measures aimed at combating structural and intersectional discrimination.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health"]},{"id":"cerd-c-gc-37-0020","docId":"cerd-c-gc-37","idx":20,"n":20,"text":"20. In line with paragraph 6 above, article 5 (e) (iv) is understood to encompass the right to a sufficient quantity of acceptable and safe drinking water and adequate sanitation,[[fn:43]] safe food[[fn:44]] and housing. This includes the right not to be subjected to inadequate maintenance of water and sanitation infrastructure, contributing to health risks such as waterborne diseases and environmental contamination. Racial and ethnic groups have the right to be protected from residential segregation, discrimination in private rental markets, overcrowded residences and forced evictions. They are entitled to measures that address issues such as food deserts, limited economic resources, discriminatory practices in the food industry and other barriers to accessing healthy food. Vulnerability and poverty affect their diet and health, contributing to higher rates of diet-related diseases and nutritional deficiencies.","labels":["Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":43,"text":"See also A/62/214."},{"n":44,"text":"A/78/185, para. 26."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0021","docId":"cerd-c-gc-37","idx":21,"n":21,"text":"Workers who belong to racial or ethnic minorities, and/or who are migrants, asylum-seekers, refugees or stateless, have the right to a safe and healthy working environment,[[fn:45]] and the right to equality with regard to decent working conditions, fair employment and opportunities for health and well-being. This includes the right not to be subjected to a higher risk of workplace injury or occupational illness, or of exposure to toxins and pollutants or other physical and psychosocial hazards, linked to factors such as job segregation, discrimination in hiring and promotion, and unequal enforcement of regulations on health and safety in the workplace.","labels":["Refugees & asylum-seekers","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":45,"text":"See International Labour Conference, document ILC.110/Resolution I."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","2. Safe and healthy working environment"]},{"id":"cerd-c-gc-37-0022","docId":"cerd-c-gc-37","idx":22,"n":22,"text":"22. Racial and ethnic groups have the right to a clean and healthy environment and the right to be protected against climate-induced hazards.[[fn:46]] They have the right not to be subjected to, and the right to be protected against, environmental degradation and the adverse effects arising from the exploitation of natural resources, nuclear testing, toxic-waste storage, mining, logging and other sources of environmental harm,[[fn:47]] and the right to be protected against violence by State authorities and private security personnel.[[fn:48]] They have the right to participate and be heard in meaningful consultations focused on health-harming effects. Indigenous Peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources, which includes the right to free, prior and informed consent.[[fn:49]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":46,"text":"Inter-American Court of Human Rights, Inhabitants of La Oroya v. Peru, Judgment, 27 November 2023."},{"n":47,"text":"CERD/C/USA/CO/10-12, paras. 45 and 46; CERD/C/USA/CO/7-9, para. 10; CERD/C/USA/CO/6, para. 29; CERD/C/64/CO/9, para. 15; CERD/C/GUY/CO/14, para. 19; CERD/C/NGA/CO/18, para. 19; and CERD/C/62/Dec/3."},{"n":48,"text":"CERD/C/NGA/CO/18, para. 19."},{"n":49,"text":"United Nations Declaration on the Rights of Indigenous Peoples, art. 29; Inter-American Court of Human Rights, Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina, Judgment, 6 February 2020; and African Commission on Human and Peoples’ Rights, Social and Economic Rights Action Center (SERAC) and Center for Economic and Social Rights (CESR) v. Nigeria, communication No. 155/96, 27 October 2001."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","3. Climate change and environmental health hazards"]},{"id":"cerd-c-gc-37-0023","docId":"cerd-c-gc-37","idx":23,"n":23,"text":"23. Racial and ethnic groups, some of whom are particularly vulnerable to the health effects of climate change owing to their geographical location, socioeconomic situation, cultural norms and intrinsic psychological factors, have the right not to be disproportionately subjected to, and to be protected against, climate-induced health hazards.[[fn:50]] This extends to the prevention of and protection from negative outcomes related to heatwaves, air pollution and the increasing frequency and intensity of extreme weather events and natural disasters, and to the impact such hazards have on social networks and cultural traditions. In that regard, Indigenous Peoples have the right to mitigation, through non-harmful measures to protect cultural and linguistic diversity, knowledge systems, food security, health and livelihoods.[[fn:51]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":50,"text":"A/HRC/32/23."},{"n":51,"text":"Human Rights Committee, Billy et al. v. Australia (CCPR/C/135/D/3624/2019)."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","3. Climate change and environmental health hazards"]},{"id":"cerd-c-gc-37-0024","docId":"cerd-c-gc-37","idx":24,"n":24,"text":"24. Women, girls and gender-diverse persons belonging to racial and ethnic groups are exposed to disproportionate health risks,[[fn:52]] harmful behaviours and practices, and inequalities in health systems and healthcare. They are often at increased risk of violence, including femicide,[[fn:53]] as well as forced marriage or deception (cross-border marriage migration), trafficking, abuse and exploitation, owing to their subordinate social position and their higher levels of vulnerability. Men belonging to some racial and ethnic groups are also disproportionately exposed to health risks because of gun violence[[fn:54]] or stereotypes concerning their capacity to endure extreme working conditions.","labels":["Women/girls","Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":52,"text":"Orielle Solar and Alec Irwin, “A conceptual framework for action on the social determinants of health”, Social Determinants of Health Discussion Paper, No. 2 (WHO, 2010), pp. 33 and 34."},{"n":53,"text":"CERD/C/BRA/CO/18-20, para. 16."},{"n":54,"text":"CERD/C/USA/CO/10-12, para. 16."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","4. Gender"]},{"id":"cerd-c-gc-37-0025","docId":"cerd-c-gc-37","idx":25,"n":25,"text":"25. Disproportionately high levels of sexually transmitted infectious diseases have been fuelled by patterns of sexual coercion, forced marriage and economic dependency. In the area of HIV, inequality and violence against women and girls, denial of sexual and reproductive health rights, misuse of criminal law, punitive approaches[[fn:55]] and mandatory testing are among the main barriers to effective responses. Women and girls have the right not to be subjected to harmful practices such as female genital mutilation or ukuthwala, which have severe health consequences.[[fn:56]] Women from the communities concerned, including migrant communities, must be directly involved in the design and implementation of policies aimed at protecting women and girls from harmful traditional practices, and all forms of racial discrimination in this context should be prevented.[[fn:57]]","labels":["Women/girls","Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":55,"text":"Joint United Nations Programme on HIV/AIDS (UNAIDS), The Path that Ends AIDS: UNAIDS Global AIDS Update 2023 (2023), pp. 58 and 144."},{"n":56,"text":"CERD/C/ZAF/CO/9-11, para. 33; CERD/C/ZMB/CO/17-19, para. 23; CERD/C/KGZ/CO/8-10, para. 15; and joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices, para. 19."},{"n":57,"text":"End FGM European Network, “Position paper: FGM, antiracism & intersectionality” (2022), p. 17."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","4. Gender"]},{"id":"cerd-c-gc-37-0026","docId":"cerd-c-gc-37","idx":26,"n":26,"text":"26. Article 5 (e) (iv) of the Convention applies regardless of a person’s migratory status. Migrants, refugees, asylum-seekers and stateless persons have the right not to be subjected to health risks that are linked to poor living conditions, the confiscation of their passports or other relevant documents, health-harming work situations and exclusion from social security schemes. Non-citizens have the right to integration into local health systems, including health insurance systems, and equal eligibility for social security without discrimination.[[fn:58]] They have the right not to be subjected to health-harming conditions, such as live-in requirements and physical or mental abuse.[[fn:59]] Providing access to preventive and primary care for all migrants, including undocumented persons, beyond emergency care reduces health costs and ensures that migrants are protected against racial discrimination.","labels":["Refugees & asylum-seekers","Migrants","Persons living in poverty","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":58,"text":"CERD/C/KOR/CO/17-19, para. 32."},{"n":59,"text":"CERD/C/CHN/CO/14-17, paras. 30 and 31."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","5. Migratory status"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0027","docId":"cerd-c-gc-37","idx":27,"n":27,"text":"27. Members of racial and ethnic groups have the right not to be subjected to disproportionate incarceration,[[fn:60]] which exposes them to inadequate healthcare, violence, mental health challenges and barriers to reintegration into society, thus perpetuating existing health disparities. Migrants, asylum-seekers and stateless persons have the right not to be exposed to health-harming conditions while held in immigration or other detention centres. Women and children have the right not to be subjected to increased risks of exploitation, abuse and gender-based violence in such settings. Individuals with disabilities face additional barriers to accessing healthcare and support services in detention settings. Eliminating the racial discrimination inherent in disproportionate incarceration requires the provision of alternatives to detention and the provision of humane conditions where detention is strictly necessary, including with regard to access to healthcare, legal assistance and support for vulnerable individuals, such as children, pregnant women and survivors of torture or trauma.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons with disabilities","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":60,"text":"CERD/C/USA/CO/10-12, para. 28."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","6. Deprivation of liberty"]},{"id":"cerd-c-gc-37-0028","docId":"cerd-c-gc-37","idx":28,"n":28,"text":"28. Where racism and racial discrimination are among the root causes of international and non-international armed conflict, individuals protected under the Convention may be exposed disproportionately to killings, maiming and other violence, including torture and sexual violence, forced displacement and discrimination in the enjoyment of the right to health and its key determinants. Lethal autonomous weapons[[fn:61]] heighten the risk of systematizing racial bias and dehumanizing their targets. The Convention continues to apply in such armed conflict. All persons have the right not to be subjected to violence and trauma, which may contribute to, inter alia, post-traumatic stress disorder, depression and anxiety, and also have the right to equal enjoyment of the right to health and to equal access to humanitarian assistance, protection and opportunities for recovery and rebuilding.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":61,"text":"General Assembly resolution 78/241."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","6. Deprivation of liberty"]},{"id":"cerd-c-gc-37-0029","docId":"cerd-c-gc-37","idx":29,"n":29,"text":"29. Racial and ethnic groups have the right to be protected from the disproportionate effects of, and overcompliance with, unilateral coercive measures. Effective systems for humanitarian exemptions from sanctions[[fn:62]] must be implemented to secure the passage of healthcare equipment and medication, food, humanitarian aid and other assistance for critical infrastructure and services, such as water, sanitation and electricity.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":62,"text":"A/HRC/54/23."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","6. Deprivation of liberty"]},{"id":"cerd-c-gc-37-0030","docId":"cerd-c-gc-37","idx":30,"n":30,"text":"30. Individuals and groups protected under the Convention have the right to bodily autonomy and physical integrity. This encompasses the right to consent to medical treatment, the right to access reproductive healthcare services, including medicines and health products, and the right to be free from violence, coercion or forced interventions.[[fn:63]] The right entails full respect of the principles of dignity, autonomy and self-determination. Mandatory HIV/AIDS testing limited to non-citizens, or based on race, colour, descent or national or ethnic origin, for employment, entry, stay or residence purposes is ineffective for public health purposes and discriminatory.[[fn:64]]","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":63,"text":"Committee on Economic, Social and Cultural Rights, general comments No. 14 (2000), para. 8, and No. 22 (2016), para. 5; and A/HRC/35/21, paras. 30–34."},{"n":64,"text":"UNAIDS and United Nations Development Programme (UNDP), “Still not welcome: HIV-related travel restrictions” (2019). See also CERD/C/MDA/CO/8-9, para. 13. See further L.G. v. Republic of Korea (CERD/C/86/D/51/2012); the State party has since abolished mandatory HIV/AIDS testing and the petitioner has received compensation."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","8. Right to bodily autonomy and physical integrity"]},{"id":"cerd-c-gc-37-0031","docId":"cerd-c-gc-37","idx":31,"n":31,"text":"31. Racial bias may lead to overdiagnosis of mental health issues and disproportionate use of coercive practices in the area of mental health, including involuntary admission and treatment, as well as seclusion and restraint. The rights to equality and to freedom from racial discrimination encompass the prevention of and protection against the involuntary admission and treatment, and seclusion and restraint, of persons protected by the Convention, both in the context of mental health services and in the general community.[[fn:65]]","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":65,"text":"CERD/C/GBR/CO/21-23, para. 31."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","8. Right to bodily autonomy and physical integrity"]},{"id":"cerd-c-gc-37-0032","docId":"cerd-c-gc-37","idx":32,"n":32,"text":"32. Indigenous women, women of African descent, Roma women and women belonging to other ethnic groups and castes have been targeted in policies related to population control, including those resulting in coercive sterilizations,[[fn:66]] and policies to control HIV and other infections. Within those groups, women with intellectual and/or psychosocial disabilities have been denied their legal capacity and, as a consequence, their right to give consent. Forced sterilization is a violation under the Convention; it violates the rights to reproductive autonomy, to access to information, to integrity of the person, to privacy and to be free from racial and gender-based violence and discrimination.[[fn:67]]","labels":["Women/girls","Persons with disabilities","Roma, Gypsies, Sinti and Travellers","Persons living with HIV/AIDS"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":66,"text":"Office of the United Nations High Commissioner for Human Rights (OHCHR) and others, “Eliminating forced, coercive and otherwise involuntary sterilization: an interagency statement” (WHO, 2014). See also Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016), para. 30."},{"n":67,"text":"Inter-American Court of Human Rights, I.V. v. Bolivia, Judgment, 30 November 2016; European Court of Human Rights, A.P., Garçon and Nicot v. France, Applications No. 79885/12, No. 52471/13 and No. 52596/13, Judgment, 6 April 2017; African Commission on Human and Peoples’ Rights, general comment No. 4 (2017), para. 58; Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016), para. 30; Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 32; and A/HRC/31/57, para. 45."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","8. Right to bodily autonomy and physical integrity"]},{"id":"cerd-c-gc-37-0033","docId":"cerd-c-gc-37","idx":33,"n":33,"text":"33. Legal and effective access to safe abortion is part of the right to control one’s health and body and the right to life of persons protected under the Convention.[[fn:68]] Indigenous women, gender-diverse persons and women of racial and ethnic minorities are often at a higher risk of unwanted pregnancy, and often lack the means to overcome socioeconomic and other barriers to gain access to modern contraceptive methods and safe abortion. Banning access to abortion has a profound disparate impact and is contrary to the principle of nonretrogression, with respect to the standards on providing access to safe, legal and effective abortion detailed in the World Health Organization (WHO) Abortion Care Guideline.[[fn:69]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":68,"text":"WHO, Abortion Care Guideline (2022)."},{"n":69,"text":"“Web annex A: key international human rights standards on abortion”, available at https://iris.who.int/bitstream/handle/10665/349317/9789240039506-eng.pdf."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","8. Right to bodily autonomy and physical integrity"]},{"id":"cerd-c-gc-37-0034","docId":"cerd-c-gc-37","idx":34,"n":34,"text":"34. The criminalization of abortion in all circumstances constitutes an indirect form of intersecting racial and gender-based discrimination as it has a greater impact on Indigenous women and women of African descent, particularly those with low income,[[fn:70]] exposing them to life-threatening situations and constituting a violation of the principle of non-retrogression. Criminalization of abortion further exacerbates the underreporting of important health indicators and undermines the monitoring of racial inequalities.[[fn:71]] Failing to recognize the impact of racially motivated sexual violence, hindering access to information and programmes on modern contraception and safe abortion care, and criminalizing and punishing access to abortion constitute a chain of compounded discriminatory exposure to health-harming conditions, and each such act or omission constitutes a violation of article 5 (e) (iv).","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":70,"text":"CERD/C/SLV/CO/18-19, para. 27. See also CERD/C/USA/CO/10-12, para. 35; and CERD/C/BRA/CO/18-20, para. 16 (b)."},{"n":71,"text":"A/66/254, para. 19."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","8. Right to bodily autonomy and physical integrity"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0035","docId":"cerd-c-gc-37","idx":35,"n":35,"text":"35. The right set out in article 5 (e) (iv) encompasses the right to an inclusive health system, the right to equal and unhindered access to culturally appropriate, gender-sensitive, context-responsive and quality health facilities, goods and services, the right to privacy and confidentiality and the right to participation. The principle of freedom from racial discrimination and entitlements to substantive equality apply in all four of the essential elements of the right to health,[[fn:72]] described below.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":72,"text":"Committee on Economic, Social and Cultural Rights, general comments No. 14 (2000), para. 12, and No. 22 (2016), paras. 12–21."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0036","docId":"cerd-c-gc-37","idx":36,"n":36,"text":"36. Racial and ethnic groups have the right to substantive equality with regard to an adequate quantity of functioning healthcare facilities and goods, services and programmes, and to the availability of traditional healing practices and medicines, within reasonable geographical reach.[[fn:73]] To that end, pre-existing inequalities, high levels of vulnerability and long-standing disparities in health outcomes must be taken into account to ensure substantive equality in the distribution of trained medical and professional personnel and essential medicines, vaccines, tests and other preventative goods and services,[[fn:74]] and to address causes of mortality and morbidity that disproportionately affect groups within the purview of the Convention,[[fn:75]] including neglected tropical diseases. Microaggressions, racist hate crimes and hate speech, and the resulting stress, have been linked to a range of negative health outcomes, including depression, anxiety and physical health problems, such as hypertension and cardiovascular disease.[[fn:76]] Racial and ethnic groups have the right to services that provide support for persons with psychosocial conditions and persons with non-communicable diseases.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":73,"text":"Committee on Economic, Social and Cultural Rights, general comments No. 14 (2000) and No. 22 (2016). See also CERD/C/SLV/CO/18-19, paras. 34 and 35."},{"n":74,"text":"CERD/C/HUN/CO/18-25, para. 20; CERD/C/BRA/CO/18-20, para. 15; and CERD/C/THA/CO/4-8, para. 37."},{"n":75,"text":"CERD/C/CZE/CO/12-13, para. 15 (c); and CERD/C/RUS/CO/25-26, para. 30 (g)."},{"n":76,"text":"A/77/197."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","1. Availability"]},{"id":"cerd-c-gc-37-0037","docId":"cerd-c-gc-37","idx":37,"n":37,"text":"37. Individuals and groups protected by the Convention have the right to equal and unhindered accessibility, including physical, economic (affordability), information and digital accessibility, to healthcare facilities, goods, services and programmes, including to traditional medicines and practices.[[fn:77]] Equality in accessibility includes protection against the harassment of and violence against persons attempting to access services,[[fn:78]] including services related to sexual and reproductive health, especially abortion services.[[fn:79]] The right includes universal and non-discriminatory access to healthcare facilities, goods and services for all; intersectional discrimination must be taken into account in efforts to mitigate and redress disadvantage, exclusion and marginalization. Equality in accessibility can be strengthened by digital forms of healthcare, such as telemedicine, provided that guarantees of equality and non-discrimination ensure the prohibition of racial discrimination and equal protection of sensitive personal data, and that such forms of healthcare do not reinforce the digital divide as a result of the use of digital tools and online spaces.[[fn:80]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":77,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000)."},{"n":78,"text":"CERD/C/HUN/CO/18-25, para. 21."},{"n":79,"text":"CERD/C/SLV/CO/18-19, paras. 26 and 27."},{"n":80,"text":"WHO Guideline: Recommendations on Digital Interventions for Health System Strengthening (2019); and A/HRC/53/65, paras. 31–36."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","1. Availability"]},{"id":"cerd-c-gc-37-0038","docId":"cerd-c-gc-37","idx":38,"n":38,"text":"38. Physical accessibility should be ensured for all persons belonging to racial and ethnic groups, including persons living in rural and remote areas, persons with disabilities, refugees, internally displaced persons, stateless persons and persons in detention. Substantive equality includes entitlements to positive measures, such as those that ensure the availability and affordability of communication with and transportation to such services.","labels":["Refugees & asylum-seekers","Persons living in rural/remote areas","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","1. Availability"]},{"id":"cerd-c-gc-37-0039","docId":"cerd-c-gc-37","idx":39,"n":39,"text":"39. Equal access to affordable essential health services requires that health services are accessible to all and that they do not result in financial hardship;[[fn:81]] they should be free of charge at the point of care. States parties should remove financial barriers to accessing healthcare by advancing towards universal health coverage, and by ensuring that health insurance systems, public and private, do not discriminate against anyone, including individuals within the purview of the Convention.[[fn:82]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":81,"text":"WHO, “Universal health coverage (UHC)”, 5 October 2023, available at https://www.who.int/news-room/fact-sheets/detail/universal-health-coverage-(uhc)."},{"n":82,"text":"CERD/C/KOR/CO/17-19, para. 32; and CERD/C/CHN/CO/14-17, paras. 29 and 31."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","1. Availability"]},{"id":"cerd-c-gc-37-0040","docId":"cerd-c-gc-37","idx":40,"n":40,"text":"40. Information accessibility includes the right of persons belonging to racial and ethnic groups to the health-related education and evidence-based information they require to actively participate in their own healthcare and to advocate for their health needs.[[fn:83]] This includes the right to health literacy. It encompasses the right to: access reliable and relevant health information; understand the health information; evaluate the credibility, accuracy and relevance of health information in order to make informed decisions; use health information to make decisions about healthcare, preventive measures and lifestyle choices that promote well-being; communicate effectively with healthcare providers; and understand how healthcare systems operate, including insurance coverage and administrative processes.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":83,"text":"CERD/C/SLV/CO/18-19, paras. 34 and 35."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","1. Availability"]},{"id":"cerd-c-gc-37-0041","docId":"cerd-c-gc-37","idx":41,"n":41,"text":"41. All health providers, goods, services and information must be respectful of the cultures of racial and ethnic groups and Indigenous Peoples and sensitive to gender, age, disability, gender and sexual diversity and life-cycle requirements. Healthcare services that are culturally sensitive, culturally acceptable and respectful must be available within reasonable geographical reach.[[fn:84]] They should: be adapted to the linguistic characteristics of the beneficiaries; be designed jointly or in close cooperation with the communities concerned; and include members of the communities concerned in the health workforce.[[fn:85]] Ensuring equality in the acceptability of healthcare entails actively combating stereotypes and legacies of theories of racial superiority, slavery and colonialism[[fn:86]] and bias against traditional knowledge, healers and practices.[[fn:87]] A lack of recognition, or the arbitrary prohibition, of traditional healers, medicines and pharmacopoeia specific to certain ethnic groups makes members of those groups vulnerable to diseases.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":84,"text":"CERD/C/MNG/CO/23-24, para. 24 (e). See also CERD/C/GTM/CO/16-17, para. 14 (c); and New Zealand, Ministry of Health, “Māori health”, available at https://www.health.govt.nz/maori-health."},{"n":85,"text":"CERD/C/ECU/CO/20-22, para. 21; CERD/C/MEX/CO/16-17, para. 19; CERD/C/COL/CO/14, para. 22; and CERD/C/GTM/CO/16-17, paras. 33 and 34."},{"n":86,"text":"A/77/197, paras. 47–60."},{"n":87,"text":"WHO, Global strategies and plans of action that are scheduled to expire within one year: WHO traditional medicine strategy, 2014–2023, document EB152/37. See also United Nations Declaration on the Rights of Indigenous Peoples, arts. 21, 24, 29 and 31."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","3. Acceptability"]},{"id":"cerd-c-gc-37-0042","docId":"cerd-c-gc-37","idx":42,"n":42,"text":"42. Racial and ethnic groups have the right to healthcare facilities, goods, services and information that are of good quality, evidence-based, scientifically and medically appropriate and up to date. This requires access to trained and skilled healthcare personnel, and scientifically approved drugs (unexpired) and equipment. Institutional racial bias continues to impede and restrict access to quality and adequate healthcare goods and services owing to unequal participation in clinical decision-making and the normalization of social constructs in health practices, protocols and policies. Disease stereotyping and bias in medical training approaches and materials are perpetuated by conflating race and ancestry, by using terms with racial connotations and by referring to differences in the prevalence of disease.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","4. Quality"]},{"id":"cerd-c-gc-37-0043","docId":"cerd-c-gc-37","idx":43,"n":43,"text":"43. Under the historical legacy of slavery, women and men of African descent have been considered to be physically stronger and to be able to endure more pain.[[fn:88]] The Working Group of Experts on People of African Descent has received reports indicating a lack of knowledge among health providers on how symptoms manifest in and on black bodies.[[fn:89]] Women of African descent, Indigenous women and Roma women often wait longer before they have access to medicine,[[fn:90]] including during labour. Groups within the purview of the Convention tend to be excluded from medical research and studies on treatments and medicine. Physicians report that, owing to bias, structural barriers and an unwillingness to demonstrate flexibility and responsiveness with regard to integrating participation by members of ethnic and racial groups, the situations of those groups are not taken into consideration when medication and other goods and services are tested.","labels":["Indigenous peoples","Women/girls","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":88,"text":"CERD/C/CHL/CO/22-23, para. 12."},{"n":89,"text":"Submission of the Working Group for the Committee’s day of general discussion on racial discrimination and the right to health, p. 2, available at https://www.ohchr.org/en/events/days-general-discussion-dgd/2022/thematic-discussion-racial-discrimination-and-right-health."},{"n":90,"text":"CERD/C/CHL/CO/22-23, paras. 12 and 13."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","4. Quality"]},{"id":"cerd-c-gc-37-0044","docId":"cerd-c-gc-37","idx":44,"n":44,"text":"44. Freedom from racial discrimination, and the right to equality, in sexual and reproductive health includes equal access to and equal quality of sexual, reproductive and newborn healthcare services. It requires the provision of universal and comprehensive healthcare coverage, in order to prevent discriminatory practices related to costs of labour and childbirth care and to decrease the risk of obstetric emergencies and complications during childbirth.[[fn:91]] Ensuring the right to equality requires the addressing of causes of maternal mortality, reproductive and maternal morbidities and related disabilities that disproportionately affect persons within the purview of the Convention; the strengthening of health systems to collect high-quality data in order to respond to the needs and priorities of women, girls and gender-diverse persons; and accountability in the event of violations in order to improve quality of care and equity. Women and gender-diverse persons protected by the Convention have the right to equality in: the availability of prenatal and postnatal care, skilled birth attendants and emergency obstetric services; the accessibility, in law and in practice, of maternal health services; the acceptability of maternal health services, which must respect their dignity and be sensitive to their needs and perspectives; and the adequacy of the quality of facilities, goods, services and information related to sexual and reproductive health, including the standard that services must be evidence-based and scientifically and medically appropriate, up to date and of good quality.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":91,"text":"CERD/C/CZE/CO/12-13, para. 23."}],"section":["II. Normative framework","D. Sexual and reproductive health"]},{"id":"cerd-c-gc-37-0045","docId":"cerd-c-gc-37","idx":45,"n":45,"text":"45. The right to privacy guarantees that racial and ethnic groups and Indigenous Peoples have the right to equality and freedom from racial discrimination with respect to the protection and use of their health-related data.[[fn:92]] Every person protected by the Convention has the right to the protection of their personal data, including the right to transparency in data processing; the right to object to the processing of health-related data; the right to access to, and to the portability, rectification and erasure of, health-related data; and the right to effective remedies against violations. Health practitioners and beneficiaries protected by the Convention should be able to enjoy the right to privacy without any racial discrimination or any other intersecting grounds recognized in the present general recommendation.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":92,"text":"A/74/277, annex, chaps. II and III."}],"section":["II. Normative framework","E. Right to privacy"]},{"id":"cerd-c-gc-37-0046","docId":"cerd-c-gc-37","idx":46,"n":46,"text":"Articles 5 (e) (iv), 6 and 7 entail obligations to ensure: (a) the prevention of health-harming conditions, including climate change and environmental hazards; (b) access to safe drinking water, adequate sanitation, safe food, housing and safe and healthy working conditions; (c) adequate quantity and quality of preventive, curative and rehabilitative healthcare services, and essential medicines, including traditional medicines and healing practices, within reasonable geographical reach; (d) access to information and technology and measures bridging the digital divide; (e) the elimination of racial disparities in health outcomes and resources and protection against health hazards that result from actions of third parties; (f) the collection and disaggregation of up-to-date statistics and the monitoring of health inequities; (g) the promotion of public awareness and education on combating racial discrimination in the enjoyment of the right to health; (h) direct participation of racial and ethnic groups in decision-making; (i) the adoption and implementation of a national public health strategy and plan of action; and (j) accountability and reparation for any damage suffered as a result of racial discrimination. States must prevent discrimination, protect individuals against harm and promote equality and dignity for all members of society. Combating structural inequalities requires comprehensive strategies that address the root causes of health inequities and promote social justice, equality and inclusion. This includes investing in community-led initiatives and resources, promoting diversity and cultural competence in healthcare and other sectors, and identifying and addressing broader structural inequalities and systemic barriers that perpetuate racial health disparities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0047","docId":"cerd-c-gc-37","idx":47,"n":47,"text":"47. Article 2, read in conjunction with article 5 (e) (iv), entails obligations to respect, protect and fulfil the right to equality and freedom from racial discrimination in the enjoyment of the right to health. States parties are required to pursue a policy of eliminating discrimination; a wide range of concrete measures, including special measures, must be taken “without delay”. Obligations undertaken under article 5 (e) (iv) are of immediate effect.[[fn:93]] Retrogressive measures are not permissible.[[fn:94]] States must strictly scrutinize the necessity and proportionality of measures affecting racial and ethnic groups and Indigenous Peoples. Given the evidence-based knowledge on the impact of racism on health, intersectional anti-racist measures should be prioritized over other competing interests. Obligations under the Convention apply not only to the territory of every State party, but also to all other territories over which the State party exercises control, including in armed conflicts.[[fn:95]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":93,"text":"See also Committee on Economic, Social and Cultural Rights, general comments No. 14 (2000), para. 30, and No. 3 (1990), para. 1."},{"n":94,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), para. 32."},{"n":95,"text":"CERD/C/RUS/CO/25-26, para. 4. See also CERD/C/MDA/CO/8-9, para. 3."}],"section":["III. Obligations and recommendations","A. General principles on obligations under the Convention"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0048","docId":"cerd-c-gc-37","idx":48,"n":48,"text":"48. The obligation to respect the right to health without racial discrimination requires States to refrain from any act or omission, including with regard to any law, policy or practice, that directly or indirectly restricts or disproportionately affects the enjoyment of the right to health by racial and ethnic groups. It also requires States to take general and special positive measures to ensure equality in the enjoyment of the right to health.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[],"section":["III. Obligations and recommendations","B. Obligation to respect"]},{"id":"cerd-c-gc-37-0049","docId":"cerd-c-gc-37","idx":49,"n":49,"text":"49. Authorities, including law enforcement officials and health authorities, must refrain from acts of racial bias, stigmatization, discrimination, bias-motivated violence and incitement to racial hatred.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","B. Obligation to respect"]},{"id":"cerd-c-gc-37-0050","docId":"cerd-c-gc-37","idx":50,"n":50,"text":"States parties should repeal: (a) Any law and policy that disproportionately limits access, including for non-citizens, to preventive, curative and palliative health services; (b) Laws that require health providers to report undocumented migrants to police.[[fn:97]]","labels":["Indigenous peoples","Migrants","Women/girls","Persons living in rural/remote areas","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":97,"text":"CERD/C/DEU/CO/23-26, para. 38 (b); and CERD/C/CZE/CO/12-13, para. 24."}],"section":["III. Obligations and recommendations","B. Obligation to respect"]},{"id":"cerd-c-gc-37-0051","docId":"cerd-c-gc-37","idx":51,"n":51,"text":"51. States parties should refrain from: (a) Prohibiting or impeding access to traditional medicine and practices; (b) Conducting discriminatory experimental research, and applying coercive treatments and discriminatory restrictions, in the control of communicable and noncommunicable diseases and in the area of mental health; (c) Placing in detention persons with pre-existing health vulnerabilities; (d) Adopting disproportionate migration laws and enforcement practices that are health-harming; (e) Adopting discriminatory laws and practices in sexual and reproductive health; instead, they should prohibit forced sterilization; decriminalize access to abortion; and ensure access to contraceptives and other health goods; (f) Conducting activities that cause disproportionate environmental damage; (g) Promoting residential segregation and placing racial and ethnic groups in remote areas without access to healthcare and other providers;[[fn:98]] (h) Expropriating lands from, and displacing, Indigenous Peoples without their prior, free and informed consent; and installing waste disposal sites or other environmental hazards on Indigenous Peoples’ territories;[[fn:99]] (i) Imposing restrictions on the permanent rights of Indigenous Peoples and endangering their self-determination, traditional livelihoods and cultural rights, in accordance with the standards of the United Nations Declaration on the Rights of Indigenous Peoples;[[fn:100]] (j) Engaging in the overpolicing of communities, racial profiling, increased surveillance and other forms of policing activity that have a negative impact on the mental health and well-being of individuals and their families; (k) Subjecting individuals protected under the Convention to involuntary admission to psychiatric institutions, involuntary treatment and seclusion or restraint; (l) Using solitary confinement and chemical agents, except under strictly defined conditions that are assessed regularly for racial bias; (m) Criminalizing safe traditional health practices and the exercise of reproductive rights, such as the right to abortion; (n) Engaging in obstetric violence, including segregation practices in maternity hospitals; States parties should include an explicit prohibition of such practices in their legislation; (o) Denying access to health services, including through excessive requirements of health insurance policies or through the criminalization of undocumented entry and stay of migrants; (p) Adopting policies and legislation that tie housing grants and financial aid to conditions that disproportionately affect members of low-income families, especially women from ethnic minorities; [[fn:101]] (q) Implementing mandatory income-management schemes; additionally, States parties should remove discriminatory conditions in access to benefits;[[fn:102]] (r) Engaging in armed conflicts, the use of weapons and arms trades that result in bodily harm to communities within the purview of the Convention; (s) Signing bilateral or multilateral agreements that reinforce the vulnerabilities of groups within the Convention’s purview and that result in negative health outcomes; (t) Using racially biased data, and biased algorithms, in forming health and social policies; (u) Using racial stereotypes and misinformation as a basis for decisions regarding health protection or treatment; (v) Exposing racial and ethnic groups to health risks within data governance systems.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":98,"text":"General recommendation No. 27 (2000), para. 31."},{"n":99,"text":"CERD/C/CHL/CO/22-23, para. 28; and CERD/C/USA/CO/7-9, para. 24."},{"n":100,"text":"CERD/C/ZMB/CO/17-19, paras. 25 and 26; and CERD/C/MNG/CO/23-24, para. 23."},{"n":101,"text":"CERD/C/SGP/CO/1, paras. 17 and 18."},{"n":102,"text":"CERD/C/AUS/CO/18-20, para. 24."}],"section":["III. Obligations and recommendations","B. Obligation to respect"]},{"id":"cerd-c-gc-37-0052","docId":"cerd-c-gc-37","idx":52,"n":52,"text":"States must take action to advance and guarantee equality in the enjoyment of the right to health by: (a) Adopting comprehensive legislation explicitly providing for positive measures ensuring equality and intercultural health,[[fn:103]] including measures protecting the right to privacy and confidentiality; (b) Equitably distributing trained medical and professional personnel, essential medicine and preventative goods and services, including through mobile health clinics;[[fn:104]] (c) Addressing, through evidence-based policies, causes of mortality and morbidity, including commercial determinants of health, that disproportionately affect racial and ethnic groups; (d) Providing access to universal health coverage and ensuring an inclusive approach to promote the health of those most in need, including migrants and asylum‑seekers and LGBTQI+ persons within those groups;[[fn:105]] (e) Ensuring that a sufficient number of health professionals provide services to Indigenous Peoples, and setting up benchmarks for monitoring progress in key areas of Indigenous disadvantage;[[fn:106]] (f) Ensuring that healthcare providers: inform every patient protected under the Convention about the nature of procedures, treatment options, and reasonable alternatives, including potential risks and benefits; consider individuals’ needs and ensure that they understand the information provided; and ensure that the consent given is free and voluntary; (g) Including professionals specifically focused on intercultural care, in addition to expanding the intercultural competencies of existing staff; (h) Providing for communication with health providers and for transportation required to access health facilities, goods and treatments; (i) Ensuring in all contexts, including in places of deprivation of liberty, appropriate health screening, care and medical, laboratory and pharmacy records; (j) Ensuring access to interpreters where necessary[[fn:107]] and to social and health services in appropriate languages;[[fn:108]] (k) Providing equal access to health-related education and evidence-based information and removing language and cultural barriers;[[fn:109]] (l) Conducting targeted awareness-raising campaigns with information about available health services and the requirements for universal health coverage;[[fn:110]] (m) Jointly designing, with racial and ethnic groups and Indigenous Peoples, culturally acceptable and gender-sensitive preventive, curative and palliative health services; (n) Ensuring that primary care at the local and referral levels relies on health workers, including physicians, nurses, midwives, auxiliaries and community workers as applicable, and traditional practitioners as needed, suitably trained socially and technically to work as a health team and respond to the expressed health needs of the community;[[fn:111]] (o) Ensuring high-quality preventative, curative and palliative health services that are free from racial bias; effective and affordable medicines, including traditional medicines; vaccines; and diagnostics and other technologies.[[fn:112]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":103,"text":"CERD/C/SLV/CO/18-19, paras. 34 and 35."},{"n":104,"text":"CERD/C/MNG/CO/23-24, para. 24 (e)."},{"n":105,"text":"CERD/C/DEU/CO/23-26, para. 38 (a)."},{"n":106,"text":"CERD/C/AUS/CO/14, para. 19."},{"n":107,"text":"CERD/C/SGP/CO/1, para. 18."},{"n":108,"text":"CERD/C/FIN/CO/20-22, para. 14."},{"n":109,"text":"CERD/C/MEX/CO/16-17, para. 18; and CERD/C/LAO/CO/16-18, para. 19."},{"n":110,"text":"CERD/C/LTU/CO/9-10, para. 18 (d)."},{"n":111,"text":"Declaration of Alma-Ata."},{"n":112,"text":"Declaration of Astana."}],"section":["III. Obligations and recommendations","B. Obligation to respect"]},{"id":"cerd-c-gc-37-0053","docId":"cerd-c-gc-37","idx":53,"n":53,"text":"53. States must adopt and implement special measures, such as health workforce quotas and additional resources and services for racial and ethnic groups, to eliminate persistent disparities and disadvantages, in accordance with general recommendation No. 32 (2009).[[fn:113]] Such measures should be designed and implemented with an intersectional approach to identify those who are most disadvantaged and who experience concurrent forms of discrimination. States are responsible for designing a framework for the consistent application of special measures in all parts of the State.[[fn:114]] States must refrain from shifting away from special measures that are targeted specifically towards vulnerable groups, in order to avoid exacerbating the inequalities that already exist.[[fn:115]] Reparations for slavery and colonial harm could be a tool to finance special measures and eliminate health disparities while promoting a healthier and more cohesive society.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":113,"text":"Para. 34."},{"n":114,"text":"CERD/C/USA/CO/10-12, para. 9."},{"n":115,"text":"CERD/C/GBR/CO/21-23, para. 13."}],"section":["III. Obligations and recommendations","B. Obligation to respect","3. Special measures"]},{"id":"cerd-c-gc-37-0054","docId":"cerd-c-gc-37","idx":54,"n":54,"text":"The obligation to protect the right to equality and freedom from racial discrimination in the right to health requires States to take and implement all measures necessary to ensure that natural and legal persons, or groups of persons, do not nullify or impair, directly or indirectly, the recognition, enjoyment or exercise of the right to health of any person on grounds of race, colour, descent or national or ethnic origin. The impact of racial discrimination on health activates the obligation of States parties to: prevent risks related to racial discrimination and take protective operational measures; monitor and ensure compliance with the legal and operational framework; and provide effective remedies in cases of violation. In particular, States must: (a) Ensure equal access to culturally appropriate and gender-sensitive preventive, curative and palliative health products and services provided by third parties; (b) Ensure that vaccines, medicines and other health products are available and affordable to everyone, and address the underlying social and economic factors that contribute to health inequities and racial discrimination;[[fn:116]] (c) Ensure that increased involvement of private actors in healthcare financing or in the provision or supply of health services, goods and treatment does not affect the availability, accessibility, acceptability and quality of healthcare facilities and supplies, including medicines and other health products, for racial and ethnic groups, including undocumented pregnant women and gender-diverse persons within those groups; (d) Ensure that privatization does not decrease the level of the right to health previously enjoyed by groups subject to racial discrimination; (e) Ensure that preventative policies are designed with the best scientific evidence, free from racial bias and conflicts of interest; (f) Ensure a human rights impact assessment before the involvement of private actors in healthcare; any private actor involved in healthcare must positively contribute to, and not impede, the fulfilment of the right to health; (g) Ensure that environmental degradation by private actors does not disproportionately harm the enjoyment of the right to health among members of racial and ethnic groups by adopting environmental norms and policies, monitoring environmental risks on health, enforcing quality standards and ensuring sustainability in the management of natural resources; (h) Ensure that harmful practices do not affect access by members of racial and ethnic groups to prenatal and postnatal care and to abortion; (i) Prevent coercive practices by private actors, such as female genital mutilation, forced marriage and experimental health research; (j) Ensure that private actors do not restrict access to health-related information and participation; (k) Ensure that any restriction imposed by private actors on the right to privacy of racial and ethnic groups complies with the human rights principle of doing no harm; (l) Ensure the investigation of, and punish accordingly, any racially motivated conduct having the purpose or effect of harming the physical or mental integrity of persons protected under the Convention; (m) Ensure that private business enterprises, private health providers and other relevant organizations comply with the rights to equality and to non-discrimination;[[fn:117]] (n) Ensure that private actors: identify and assess actual or potential adverse impacts on the right to health based on race, colour, descent or national or ethnic origin with which they may be involved either through their own activities or as a result of their business relationships; integrate the findings from their assessments across relevant internal functions and processes, and take appropriate action; track the effectiveness of their response; and account for how they address their human rights impacts;[[fn:118]] (o) Ensure that companies pay particular attention to the data-related factors that may have a discriminatory purpose or effect and that companies submit to independent third-party audits of their artificial intelligence systems;[[fn:119]] (p) Ensure that where the risk of discrimination or other human rights violations has been assessed to be too high or impossible to mitigate, including because of the nature of the planned or foreseeable use by a State, private actors refrain from deploying artificial intelligence systems until they can ensure that the discriminatory outcome is mitigated effectively. Exposure and vulnerability to health risks owing to racial discrimination should be incorporated into ex ante and ex post assessments with the cooperation of a multidisciplinary team and an understanding of how racism and racial discrimination may be experienced; (q) Ensure that private actors, subject to their involvement, respond to and are accountable for harm caused in relation to the right to health. If the private actors caused the harm, they should cease the actions causing the harm and remedy the harm. If they contributed to harm caused by another party, they should cease the action contributing to the harm, seek to use or build leverage with the other party to prevent or mitigate the risk of future harm, and contribute to the remedy of the harm, including through compensation. If the private actors are only linked to harm they did not cause or contribute to, they should try to use or build their leverage to prevent or mitigate the risk of future harm by the other party but are not expected to contribute to the remedy; (r) Document cases of racial discrimination associated with health providers, including private actors, as well as related prevention measures, sanctions and remedies, and include information thereon in their reports to the Committee.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":116,"text":"A/HRC/53/50. See also A/HRC/49/35 and A/HRC/52/56."},{"n":117,"text":"Guiding Principles on Business and Human Rights, guiding principles 1–3. See also guiding principles 11 and 24."},{"n":118,"text":"Guiding principles 17–21."},{"n":119,"text":"See Toronto Declaration: Protecting the right to equality and non-discrimination in machine learning systems."}],"section":["III. Obligations and recommendations","C. Obligation to protect"]},{"id":"cerd-c-gc-37-0055","docId":"cerd-c-gc-37","idx":55,"n":55,"text":"55. The obligation to fulfil requires States, individually and through international assistance and cooperation, to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other positive measures for the full realization of the right to equality and freedom from racial discrimination in the enjoyment of the right to health. The immediate effect of obligations under the Convention and the International Covenant on Economic, Social and Cultural Rights (art. 2 (1) and (2)) requires States to design, adopt, implement and regularly assess deliberate, concrete and targeted measures, considering intersectionality, without delay.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","D. Obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"cerd-c-gc-37-0056","docId":"cerd-c-gc-37","idx":56,"n":56,"text":"56. States must encourage multidimensional representation of groups protected under the Convention within their own remit as health providers and experts and at the receiving end of healthcare. Specific indicators of representation must align with other international obligations on human rights, equality and non-discrimination, while reflecting the context and scope of the situation. States should promote, in their supply-chain policies and transactions with private entities, the representation of groups within the purview of the Convention as a measurable indicator of the quality of health.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","D. Obligation to fulfil","1. Representation"]},{"id":"cerd-c-gc-37-0057","docId":"cerd-c-gc-37","idx":57,"n":57,"text":"57. States should reduce barriers to the promotion, and ensure the training, of medical professionals from ethnic and racial groups experiencing discrimination to ensure representativeness across the hierarchy of seniority.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","D. Obligation to fulfil","1. Representation"]},{"id":"cerd-c-gc-37-0058","docId":"cerd-c-gc-37","idx":58,"n":58,"text":"58. Article 2 (1) (e) sets out the obligation of States parties to encourage, where appropriate, integrationist multiracial organizations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division. Integrationist multiracial organizations and movements should be understood as grass-roots, community civil society organizations that support the principles of the Convention. States should allocate resources to co-design intercultural health strategies with racial and ethnic groups and Indigenous Peoples at the community, regional or national levels.[[fn:120]] States should involve associations and communities and their representatives, including women, in designing and implementing health programmes and projects concerning racial and ethnic groups.[[fn:121]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":120,"text":"CERD/C/ECU/CO/19, para. 20; and CERD/C/GTM/CO/12-13, para. 13."},{"n":121,"text":"General recommendation No. 27 (2000), para. 34; and WHO, resolution WHA77.2."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","2. Participation, consultation and empowerment"],"citedArticles":[{"treaty":"CERD","article":"2","paragraph":"1","source":"regex"}]},{"id":"cerd-c-gc-37-0059","docId":"cerd-c-gc-37","idx":59,"n":59,"text":"59. Monitoring racial discrimination with an intersectional approach at the national level[[fn:122]] is an essential element of the implementation of the provisions in articles 2 (2) and 9 of the Convention. One of the fundamental obligations under the Convention is to provide all persons with the right to self-identify as belonging to a group[[fn:123]] and to be included in statistics and social surveys. Disaggregated data allows authorities to monitor the social determinants of health, and identify the impact of racial discrimination intersecting with gender and other inequalities. Such data should be collected voluntarily, anonymously, on the basis of self-identification and in accordance with human rights standards and principles, such as data protection regulations and privacy guarantees, including the human rights principle of doing no harm and guarantees regarding informed consent. Persons protected under the Convention should have access to information regarding the collection of their data, the use of such data and the outcomes of such use.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":122,"text":"Durban Programme of Action, paras. 92 and 110."},{"n":123,"text":"CERD/C/ZMB/CO/17-19, paras. 25 and 26."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","3. Monitoring racial inequalities"],"citedArticles":[{"treaty":"CERD","article":"2","paragraph":"2","source":"regex"},{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"cerd-c-gc-37-0060","docId":"cerd-c-gc-37","idx":60,"n":60,"text":"In cooperation with WHO and regional organizations and agencies, States should disaggregate data and make anonymized statistics available to racial and ethnic groups and the general public. States should adopt and implement a national health action plan and related policies to analyse and address racism and intersecting discrimination, including the root causes.[[fn:124]] States parties should: (a) Develop health information systems that collect disaggregated data; (b) Ensure that data collection efforts also support comprehensive public health monitoring;[[fn:125]] (c) Disaggregate data on a regular basis to ensure accountability; (d) Ensure support for the ministry of health and other ministries, including by seeking support from United Nations entities, in developing an intersectional lens in reporting processes under the Convention and other international human rights treaties.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":124,"text":"A/HRC/4/28, paras. 90–92."},{"n":125,"text":"WHO, World Report on the Health of Refugees and Migrants (2022), p. 211."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","3. Monitoring racial inequalities"]},{"id":"cerd-c-gc-37-0061","docId":"cerd-c-gc-37","idx":61,"n":61,"text":"61. States should adopt national health strategies and action plans, in consultation with relevant groups, in order to identify gaps, set out clear objectives, provide for special measures in accordance with article 2 (2) and ensure the coordination of all relevant authorities and effective budgeting. They should adopt and effectively implement wellresourced policies, including special measures, to improve the socioeconomic situation of racial and ethnic groups and Indigenous Peoples, including specific programmes for women, children, older persons and persons with disabilities, and to address deep-rooted discrimination.[[fn:126]] Specific health-related prevention programmes should target persons, including undocumented migrants, who are not covered by the public health insurance scheme.[[fn:127]] Applying a gender perspective in all policies and strategies for combating racial discrimination is fundamental to putting an end to the multiple and intersectional discrimination faced by Indigenous women, migrant women and women of African descent.[[fn:128]]","labels":["Indigenous peoples","Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":126,"text":"CERD/C/AUS/CO/18-20, para. 24; CERD/C/CHN/CO/14-17, paras. 28 and 29; CERD/C/ISR/CO/17-19, paras. 28–31; CERD/C/HUN/CO/18-25, para. 20; and CERD/C/LTU/CO/910, para. 18."},{"n":127,"text":"CERD/C/CZE/CO/12-13, para. 24; and general recommendation No. 30 (2004)."},{"n":128,"text":"CERD/C/GTM/CO/16-17, paras. 14 (c), 33 and 34. See also CERD/C/ISR/CO/17-19, paras. 32 and 33."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","4. Adopting and implementing national health action plans"],"citedArticles":[{"treaty":"CERD","article":"2","paragraph":"2","source":"regex"}]},{"id":"cerd-c-gc-37-0062","docId":"cerd-c-gc-37","idx":62,"n":62,"text":"62. States are strongly encouraged to coordinate support services effectively by promoting models of cooperation among authorities, communities and civil society organizations, equality bodies, national human rights institutions and private health providers. States should explore, as a mitigating special measure and in consultation with communities concerned, the possibility of providing healthcare support through mobile health clinics[[fn:129]] and providing specific health-related prevention programmes, comprehensive emergency healthcare and any care related to childbirth and children under the age of 5 free of charge for all.","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":129,"text":"CERD/C/MNG/CO/23-24, para. 24 (e)."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","4. Adopting and implementing national health action plans"]},{"id":"cerd-c-gc-37-0063","docId":"cerd-c-gc-37","idx":63,"n":63,"text":"63. States should regulate the use of artificial intelligence in all health-related sectors and ensure compliance with the prohibition of racial discrimination. Such systems should be deployed only with a clear objective to advance the enjoyment of the right to health for all without racial or any other discrimination. Before procuring or deploying such systems, States should adopt appropriate legislative, administrative and other measures to determine the purpose of their use, regulate the parameters of that use as accurately as possible, and provide guarantees that prevent and protect against racial discrimination. States should adopt a human rights-based approach to artificial intelligence that incorporates the elimination of racial discrimination at all stages and in all minimum standards.[[fn:130]] States should assess the potential human rights impact prior to deploying artificial intelligence in the area of health and should consider beginning with a pilot period under the supervision of an independent multidisciplinary oversight body that includes individuals who reflect the diverse composition of the population.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":130,"text":"High-Level Expert Group on Artificial Intelligence, “The assessment list for trustworthy artificial intelligence (ALTAI) for self-assessment” (2020)."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","4. Adopting and implementing national health action plans"]},{"id":"cerd-c-gc-37-0064","docId":"cerd-c-gc-37","idx":64,"n":64,"text":"64. In line with article 7 of the Convention, States parties should promote public awareness of and education on the prohibition of racial discrimination and the right to equality in the enjoyment of the right to health. This includes educating health providers, policymakers and the general public about the importance of addressing racial disparities in health and ensuring equal access to healthcare services for all.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","D. Obligation to fulfil","5. Education, training and public awareness"],"citedArticles":[{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-37-0065","docId":"cerd-c-gc-37","idx":65,"n":65,"text":"States should: (a) Develop and offer anti-racism, anti-discrimination and cultural competency training for the members of the health workforce, at a minimum those in primary healthcare, including in humanitarian settlements, at the local, regional and national levels; (b) Ensure that persons experiencing intersecting forms of discrimination participate in developing and delivering the above-mentioned training, where possible. Hospitals, primary healthcare centres and social services should ensure that training is complemented by institutional interventions to limit decision-making discretion and increase oversight in areas vulnerable to stereotyping and biases; (c) Include human rights education as a mandatory course in the curricula of medical schools and ensure the provision of in-service training on intercultural health, discrimination-related health inequities and racism and exclusion, and on the role of health services in exacerbating and alleviating those inequities; (d) Encourage medical schools to review their curricula and identify bias and stereotyping in medical training approaches and materials; (e) Encourage medical schools to increase diversity and the representativeness of Indigenous Peoples, people of African descent, Roma and members of other ethnic groups, as applicable in the national context; (f) Encourage associations of health professionals to consider integrating human rights and anti-discrimination training into their membership policies, and support them in such efforts; (g) Conduct targeted awareness-raising campaigns to disseminate information about available health services and compulsory health insurance coverage requirements[[fn:131]] and prevent the spread of false or misleading information in digital and physical environments.","labels":["Indigenous peoples","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":131,"text":"CERD/C/LTU/CO/9-10, para. 18 (d)."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","5. Education, training and public awareness"]},{"id":"cerd-c-gc-37-0066","docId":"cerd-c-gc-37","idx":66,"n":66,"text":"66. In accordance with article 6, States must assure to everyone within their jurisdiction effective protection and remedies against any acts of racial discrimination which violate his or her right to health, as well as the right to seek adequate reparation or satisfaction for any damage suffered as a result of such discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","E. Accountability"],"citedArticles":[{"treaty":"CERD","article":"6","source":"regex"}]},{"id":"cerd-c-gc-37-0067","docId":"cerd-c-gc-37","idx":67,"n":67,"text":"States should: (a) Establish effective and independent accountability mechanisms, both internal – in healthcare establishments – and external, and envisage disciplinary measures for misconduct; (b) Carry out periodic audits, with the help of independent experts, to identify gaps in internal policies and practices. Transparency regarding the outcomes of these procedures is strongly recommended, as it may strengthen accountability and the trust of individuals and communities; (c) Establish independent non-judicial accountability and grievance mechanisms with the competence to establish facts, and identify those responsible for acts or omissions constituting racial discrimination; (d) Establish non-judicial remedies co-designed with racial and ethnic groups and Indigenous Peoples; (e) Ensure the involvement of integrationist multiracial organizations and movements and include other means of eliminating barriers in accountability and redress mechanisms; (f) Adopt a victim-centred and community-driven approach and an intersectional lens; (g) Ensure, concerning any violation of the Convention that has resulted in harm, full reparation for the injury caused;[[fn:132]] (h) Adopt structural measures along with individual reparation; (i) As part of reparation, take positive measures, such as education and training, guarantees regarding participation, and empowerment of the community affected, to ensure compliance with the obligation breached.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":132,"text":"Pérez Guartambel v. Ecuador (CERD/C/106/D/61/2017), para. 6."}],"section":["III. Obligations and recommendations","E. Accountability"]},{"id":"cerd-c-gc-37-0068","docId":"cerd-c-gc-37","idx":68,"n":68,"text":"68. International cooperation in health is a key element in advancing equality and prohibiting racial discrimination. States should ensure consistency with their obligations under the Convention in the context of all organizations, including international and regional financial and development institutions. States should ensure effective and non-discriminatory access to preventive, curative and rehabilitative health facilities, goods, services and technologies. To this end, States must promote human rights-based development.[[fn:133]] States should not promote, condone or perpetuate policies and practices that establish or reinforce, and are not aimed at removing, barriers faced by groups exposed to racial discrimination in the enjoyment of the right to health.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":133,"text":"See A/HRC/54/50."}],"section":["III. Obligations and recommendations","F. International cooperation and development"]},{"id":"cerd-c-gc-37-0069","docId":"cerd-c-gc-37","idx":69,"n":69,"text":"69. To combat global health inequities among and within States, States parties should be guided by the principle of international solidarity through international cooperation, including by supporting proposals such as the proposal for a comprehensive temporary waiver on the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights, and taking all additional national and multilateral measures that would mitigate the disparate impact of these challenges and their socioeconomic consequences on groups and minorities protected under the Convention.[[fn:134]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":134,"text":"Statement 2 (2022) on the lack of equitable and non-discriminatory access to COVID-19 vaccines (A/77/18, para. 20)."}],"section":["III. Obligations and recommendations","F. International cooperation and development"]},{"id":"cerd-c-gc-37-0070","docId":"cerd-c-gc-37","idx":70,"n":70,"text":"70. States are strongly encouraged to include, in multilateral and bilateral agreements and other negotiations that have an impact on global health non-discrimination, clauses that are aligned with article 1 (1) of the Convention and that ensure equality in the enjoyment of the right to health for all ethnic and racial groups, including castes.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","F. International cooperation and development"],"citedArticles":[{"treaty":"CERD","article":"1","paragraph":"1","source":"regex"}]},{"id":"cerd-c-gc-37-0071","docId":"cerd-c-gc-37","idx":71,"n":71,"text":"71. States should disseminate the present general recommendation to all relevant authorities, and to racial and ethnic groups and Indigenous Peoples in their languages and other communication forms.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["IV. Dissemination of the general recommendation"]},{"id":"cmw-c-gc-1-0001","docId":"cmw-c-gc-1","idx":1,"n":1,"text":"1. Domestic work is an important occupation for millions of individuals, accounting for up to 10 per cent of total employment in some countries.[[fn:1]] The trend over the past decades has been a growing prevalence of migrants amongst domestic workers. Women make up the overwhelming majority of these workers.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":1,"text":"There is no accurate data on the number of domestic workers throughout the world, partly due to the high incidence of undeclared domestic work and the fact that national statistics often do not count domestic workers as a distinct category. However, such data as are available show that domestic work accounts for between 4 and 10 per cent of total employment in developing countries and between 1 and 2.5 per cent in industrialized countries. See International Labour Organization (ILO) (2009), “Decent Work for Domestic Workers”, Report IV(1), International Conference, 99th session, 2010."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0002","docId":"cmw-c-gc-1","idx":2,"n":2,"text":"2. Noting the omission of express references to either domestic work or domestic workers in a broad range of national and international frameworks of law, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (hereinafter referred to as the Committee), at its eleventh session in October 2009, resolved to issue a general comment in order to provide States with guidance on how to implement their obligations under the International Convention on the Protection of the Rights of All Migrant Workers and the Members of Their Families (hereinafter referred to as the Convention) with respect to migrant domestic workers. The Committee organized a Day of General Discussion on this subject on 14 October 2009, which generated strong participation by States, international organizations, non-governmental organizations (NGOs) and trade organizations, civil society and migrants, including a number of written perspectives and studies. This general comment draws upon those contributions as well as the Committee’s experience in reviewing with States parties their reports on the implementation of the Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0003","docId":"cmw-c-gc-1","idx":3,"n":3,"text":"3. As defined by the Convention, the term “migrant worker” refers to any person who “is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national”[[fn:2]]. Accordingly, the Convention expressly provides protection to migrant workers and their family members not only when the migrants are actually working, but “during the entire migration process of migrant workers and members of their families, which comprises preparation for migration, departure, transit and the entire period of stay and remunerated activity in the State of employment as well as return to the State of origin or the State of habitual residence”[[fn:3]].","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":2,"text":"Convention, art. 2. Article 3 of the Convention excludes from its scope of application a number of categories of workers, including certain employees of international organizations and of States, investors residing outside of their State of origin, whose status are regulated by general international law or specific agreements; students and trainees; and seafarers and workers on offshore installations who have not been admitted to take up residence and engage in a remunerated activity in the States of employment. Moreover, refugees and stateless persons are only included under the Convention if such application is provided in national legislation (art. 3(d))."},{"n":3,"text":"Convention, art. 1."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0004","docId":"cmw-c-gc-1","idx":4,"n":4,"text":"4. Depending on their administrative status under national immigration laws, some migrants are considered as documented or in a regular situation, while others are considered as non-documented or in an irregular situation. Just as the Convention delineates rights that apply to all migrant workers regardless of their status[[fn:4]], and then distinguishes further rights of migrants who are documented or in a regular situation[[fn:5]], this general comment shall refer to all migrant domestic workers, unless expressly indicated.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":4,"text":"Convention, Part III."},{"n":5,"text":"Convention, Part IV."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0005","docId":"cmw-c-gc-1","idx":5,"n":5,"text":"5. The terms “domestic work” or “domestic worker” have not yet been defined in any international instruments. However, drawing on common elements found in definitions set out in national legislation[[fn:6]], the Committee notes that the term “domestic worker” generally refers to a person who performs work within an employment relationship in or for other people’s private homes, whether or not residing in the household.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":6,"text":"See ILO (2009), “Decent Work for Domestic Workers”, report IV(1), International Conference, 99th session 2010; José Maria Ramirez-Machado, Domestic Work, Conditions of Work and Employment: A Legal Perspective, ILO (2003)."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0006","docId":"cmw-c-gc-1","idx":6,"n":6,"text":"6. The Committee considers that migrant domestic workers are included in the term \"migrant worker\" as defined in article 2, paragraph 2, of the Convention and that any distinction made to exclude migrant domestic workers from protection would constitute a prima facie violation of the Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction"],"citedArticles":[{"treaty":"CMW","article":"2","source":"regex"}]},{"id":"cmw-c-gc-1-0007","docId":"cmw-c-gc-1","idx":7,"n":7,"text":"7. Whereas many of the human rights issues and concerns identified in this general comment are relevant to all domestic workers, several issues and concerns are specific to the situation of domestic workers who are migrants. Generally, migrant domestic workers are at heightened risk of certain forms of exploitation and abuse. At the heart of their vulnerability is isolation and dependence, which can include the following elements: the isolation of life in a foreign land and often in a foreign language, far away from family; lack of basic support systems and unfamiliarity with the culture and national labour and migration laws; and dependence on the job and employer because of migration-related debt, legal status, practices of employers restricting their freedom to leave the workplace, the simple fact that the migrants’ workplace may also be their only shelter and the reliance of family members back home on remittances sent back from the domestic work. Women migrant domestic workers face additional risks related to their gender, including gender-based violence. These risks and vulnerabilities are further aggravated for migrant domestic workers who are non-documented or in an irregular situation, not least because they often risk deportation if they contact State authorities to seek protection from an abusive employer.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0008","docId":"cmw-c-gc-1","idx":8,"n":8,"text":"8. The vulnerability of migrant domestic workers does not begin and end in the workplace. Migrant domestic workers face risk throughout the migration cycle with a number of factors exposing them to violations of their human rights including those protected under the Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0009","docId":"cmw-c-gc-1","idx":9,"n":9,"text":"9. In many countries, recruitment agencies, labour brokers, and other intermediaries charge exorbitant fees to migrant domestic workers and do not provide accurate information, meaningful preparation for migrants before travel, or written contracts. In particular, migrants are often not provided with information on their rights and on avenues for reporting abuse. Some prospective migrant domestic workers are deceived by illegal recruitment agents and lured into paying for fraudulent visas or other documentation and non-existent jobs.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0010","docId":"cmw-c-gc-1","idx":10,"n":10,"text":"10. While transiting through foreign countries, women and girls are particularly at risk of being subjected to physical and sexual abuse by agents and intermediaries.","labels":["Women/girls","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0011","docId":"cmw-c-gc-1","idx":11,"n":11,"text":"11. Upon arrival the migrants are often left stranded with high levels of debt from their migration and without legal papers and employment, rendering them vulnerable to abuse and exploitation. Even where contracts had been signed pre-departure, many migrant domestic workers are compelled to sign new contracts upon arrival, nearly always for less pay and often for different work conditions of employment and abode than had been agreed upon or promised and often in a language they do not understand, without legal counselling, and under duress.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0012","docId":"cmw-c-gc-1","idx":12,"n":12,"text":"12. The withholding of passports by the employer is widespread, reinforcing isolation and dependence and restricting the movement of the migrant worker out of the house as well as out of the country.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0013","docId":"cmw-c-gc-1","idx":13,"n":13,"text":"In the workplace, many are subjected to abusive working conditions, including: (a) Partial and in many cases, total, restriction on movement outside the house and on communication with individuals outside the house, including with family members left behind; (b) Excessive and often undefined working hours. Especially for migrant live-in domestic workers, there is often an express or implied expectation of total availability, where the worker can be called on to work at any time; (c) Insufficient rest and leisure time. Many migrant domestic workers have no agreed leave day at all; others only have one day off per month and frequently any agreed “day off” is cancelled or changed arbitrarily by the employer; when the employer is on holiday, or the worker is ill, a practice of “no work – no pay” is applied. Others experience reprimands or threats of losing their jobs even where there are legitimate reasons for absence such as illness or personal/family emergencies; (d) Restrictions on their ability to travel even for essential family matters, such as serious illness or bereavement in the family; (e) Low salaries and late payment or non-payment of salaries. As a result of the absence or inapplicability in most countries of minimum wage laws for domestic workers, many migrant domestic workers are paid only a fraction of what other workers in comparable sectors receive, often without any traceable payments into bank accounts, or with salaries paid in kind; (f) Lack of social security protection, including sickness and family benefits and building pension rights; (g) Psychological, physical and sexual abuse and harassment from their employers as well as from recruitment agents or intermediaries; and (h) Inadequate, unsanitary and degrading living accommodations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0014","docId":"cmw-c-gc-1","idx":14,"n":14,"text":"14. The risk of abuse is heightened for child domestic workers, who make up a significant proportion of domestic workers. Their young age, isolation and separation from their families and peers, and near-total dependence on their employers exacerbate their vulnerability to violations of their rights under the Convention, including the basic right of access to education.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0015","docId":"cmw-c-gc-1","idx":15,"n":15,"text":"15. The prolonged absence of migrant domestic workers negatively affects the family unity, and the social and psychological wellbeing of members of their families and also often results in violations of the rights of their children who have remained in the country of origin.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0016","docId":"cmw-c-gc-1","idx":16,"n":16,"text":"16. Migrant domestic workers may encounter difficulties in reintegrating into the labour market and society in their countries of origin upon their return. They may also encounter difficulties related to the portability of pension and social security benefits.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0017","docId":"cmw-c-gc-1","idx":17,"n":17,"text":"17. Many migrants are unable to seek remedies for violations of their rights by employers because they are not entitled to stay in the country of employment once the employment relation has been terminated. As a result migrant domestic workers may for example return to the country of origin with less pay than they are due and with no possibility of seeking compensation and remedies. Those who return to their countries of origin in order to escape an abusive work relationship often have no access to support mechanisms and no possibility of seeking legal remedies.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0018","docId":"cmw-c-gc-1","idx":18,"n":18,"text":"18. A wide body of international treaties articulate human rights, including labour rights, basic to all human beings, including all workers.[[fn:7]] In line with other human rights treaties, the protection against abusive and exploitative labour conditions afforded under the Convention extends to all migrant workers, irrespective of their migration status. In this regard, the Committee notes with concern that, at national level, major categories of law often ignore, or explicitly exclude domestic work and workers in ways that contribute to exploitative labour practices and limit avenues for legal redress in cases of violations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":7,"text":"The core international human rights treaties all contain standards and safeguards which are of relevance to the protection of migrant domestic workers. Several of the other human rights treaty- monitoring bodies have paid specific attention to the situation of migrants and migrant workers, including migrant domestic workers. See, in particular, Committee on the Elimination of Discrimination against Women, general recommendation No. 26 (2008) on women migrant workers; Committee on Economic and Social Rights, general comment No. 18 (2005) on the right to work; Committee on the Rights of the Child, general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin; Committee on the Elimination of Racial Discrimination, general recommendation No. 30 (2004) on discrimination against non citizens; Human Rights Committee, general comment No. 15 (1986) on the position of aliens under the Covenant."}],"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0019","docId":"cmw-c-gc-1","idx":19,"n":19,"text":"19. Labour law. In many countries, domestic workers are not legally recognized as “workers” entitled to labour protection. A number of premises and special definitions are used to exclude domestic workers from the protection of labour laws, including the consideration that they work for private persons, who are not considered to be “employers”. Equally, traditional perceptions of domestic work as tasks associated with unpaid work in the home performed by women and girls as well as traditional perceptions of domestic workers as either being “family helpers” often militate against the extension of national labour law to effectively cover domestic work. Because of their de facto and/or de jure, “unrecognized” status as “workers”, domestic workers are unable to exercise the rights and freedoms granted by labour law to other workers.","labels":["Women/girls","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0020","docId":"cmw-c-gc-1","idx":20,"n":20,"text":"20. Some national labour laws include protections for domestic work and workers, but exclude migrant domestic workers from some or all of these protections. For example, migrant domestic workers are often restricted in their ability to organize for their labour rights. In other cases where labour or other standards and protections apply both to domestic work and to migrant domestic workers, laws can bar monitoring and labour inspections in home settings.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0021","docId":"cmw-c-gc-1","idx":21,"n":21,"text":"21. Immigration law. Laws regulating the conditions of entry and stay in countries of employment are often a source of specific vulnerabilities for migrant domestic workers. Overly restrictive immigration laws may lead to higher numbers of migrant domestic workers who are non-documented or in an irregular situation, and thus particularly vulnerable to human rights violations. Even for workers with a documented or regular migration status, similar vulnerabilities arise where immigration laws tie their status to the continued sponsorship of specific employers. Consequently, migrant domestic workers may risk deportation if they try to escape an abusive employment relationship or seek legal remedies against their employers.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0022","docId":"cmw-c-gc-1","idx":22,"n":22,"text":"22. Under some countries’ laws regarding work permit and security bond conditions, women migrants, including domestic workers, who get pregnant or who are found to be HIV positive lose their permit. It is not uncommon for women migrant workers to be subjected to mandatory health testing related to sexual and reproductive health without consent or counselling.","labels":["Migrants","Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0023","docId":"cmw-c-gc-1","idx":23,"n":23,"text":"23. Contract law. National laws and regulations pertaining to contracts are often inapplicable to domestic work and/or domestic workers, either categorically or as a practical matter because domestic work is performed in the informal labour market.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0024","docId":"cmw-c-gc-1","idx":24,"n":24,"text":"24. Social security laws. Domestic workers, especially those who are migrants, are often excluded from rights under national law related to social security. The lack of social security benefits and of gender-sensitive health care coverage further increases the vulnerability of migrant domestic workers and their dependence on their employers.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0025","docId":"cmw-c-gc-1","idx":25,"n":25,"text":"25. Even if certain protections for migrant domestic workers are provided under national laws, there is often a gap between protections enjoyed by such workers in law and in practice. Some of the practical obstacles faced relate to the “hidden” nature of domestic work and factors preventing or deterring migrant domestic workers from claiming their rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0026","docId":"cmw-c-gc-1","idx":26,"n":26,"text":"26. A range of factors constitutive of domestic work itself, and even more so, of domestic work performed by migrants, hides abuses from view, and makes detection of protection needs difficult.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0027","docId":"cmw-c-gc-1","idx":27,"n":27,"text":"27. A number of factors make it difficult for migrant domestic workers to claim their rights and seek redress in case of violations, including the fact that: (a) Specific mechanisms available to receive and address complaints from domestic workers are often not available; (b) Migrant domestic workers often do not know to whom to address their labour problems or may be reluctant to contact the police or labour authorities out of fear of deportation. Language barriers and the costs of administrative and legal processes may be additional deterrents. (c) Migrant domestic workers who depend on their employers for their immigration status may not report abuse for fear of arrest, detention or deportation. In some countries, if the victim brings a formal complaint against the employer, he or she can neither seek alternative employment while the case is in court, nor leave the country for the duration of the case. These restrictions, and the long periods it may take for cases to be resolved, often lead to domestic workers choosing not to report complaints or withdrawing their cases in order to return home more quickly.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0028","docId":"cmw-c-gc-1","idx":28,"n":28,"text":"28. For nationals considering whether to migrate for domestic work, States parties should take appropriate measures to disseminate information on their rights under the Convention as well as the conditions of their admission and employment and their rights and obligations under the law and practice of other States (article 33). Such awareness-raising could include:","labels":["Women/girls","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"33","source":"regex"}]},{"id":"cmw-c-gc-1-0029","docId":"cmw-c-gc-1","idx":29,"n":29,"text":"29. For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0030","docId":"cmw-c-gc-1","idx":30,"n":30,"text":"30. Where appropriate, States parties could also support pre-departure training offering:","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0031","docId":"cmw-c-gc-1","idx":31,"n":31,"text":"31. States of origin, States of transit and States of employment share the responsibility for regulating and monitoring recruitment and placement processes.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0032","docId":"cmw-c-gc-1","idx":32,"n":32,"text":"32. In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"64","source":"regex"},{"treaty":"CMW","article":"65","source":"regex"}]},{"id":"cmw-c-gc-1-0033","docId":"cmw-c-gc-1","idx":33,"n":33,"text":"33. In accordance with article 66, States parties have an obligation to effectively regulate and monitor labour brokers, recruitment agencies and other intermediaries to ensure that they respect the rights of domestic workers.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"66","source":"regex"}]},{"id":"cmw-c-gc-1-0034","docId":"cmw-c-gc-1","idx":34,"n":34,"text":"34. Agencies engaged in the movement of migrant domestic workers, whether in countries of origin, transit or employment, must be subject to authorization, approval and supervision by public authorities. This may take the form of formal, regular, transparent and State-regulated:","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0035","docId":"cmw-c-gc-1","idx":35,"n":35,"text":"35. States parties should establish specific criteria relating to migrant domestic workers’ rights and ensure that only those agencies observing these criteria and codes can continue to operate. Such criteria could usefully be established in consultations with migrant workers’ organizations themselves, non-governmental organizations working with migrant workers and with workers’ and employers’ organizations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0036","docId":"cmw-c-gc-1","idx":36,"n":36,"text":"36. Additionally, States parties are encouraged to adopt codes of conduct on the recruitment of migrant domestic workers, including specific rules governing fees and salary deductions, and to provide for appropriate penalties and sanctions to enforce them. States parties should ban recruitment fees charged to domestic workers, including through salary deductions.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0037","docId":"cmw-c-gc-1","idx":37,"n":37,"text":"37. The rights of migrant domestic workers should be dealt with within the larger framework of decent work for domestic workers. In this regard, the Committee considers that domestic work should be properly regulated by national legislation to ensure that domestic workers enjoy the same level of protection as other workers.[[fn:8]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":8,"text":"This recommendation is in line with Committee on Economic, Social and Cultural Rights general comment No. 18 (2005) on the right to work, para. 10."}],"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0038","docId":"cmw-c-gc-1","idx":38,"n":38,"text":"38. Accordingly, labour protections in national law should be extended to domestic workers to ensure equal protection under the law, including provisions related to minimum wages, hours of work, days of rest, freedom of association, social security protection, including with respect to maternity, pension rights and health insurance, as well as additional provisions specific to the circumstances of domestic work. In this regard, migrant domestic workers should enjoy treatment not less favourable than that which applies to nationals of the State of employment (article 25).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"25","source":"regex"}]},{"id":"cmw-c-gc-1-0039","docId":"cmw-c-gc-1","idx":39,"n":39,"text":"39. States should protect the right of migrant domestic workers to freedom of movement and residence, including by ensuring that migrant domestic workers are not required to live with their employers or stay in the house during their time off (article 39). States should also ensure that migrant domestic workers retain possession of travel and identity documents (article 21). In addition, States should take all necessary measures to promote a shift in public perceptions so that domestic work becomes widely recognized as work and domestic workers as workers with fundamental rights, including labour rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"39","source":"regex"},{"treaty":"CMW","article":"21","source":"regex"}]},{"id":"cmw-c-gc-1-0040","docId":"cmw-c-gc-1","idx":40,"n":40,"text":"40. States parties are encouraged to ensure that migrant domestic workers have explicit, written terms of employment, in a language they can understand, outlining their specific duties, hours, remuneration, days of rest, and other conditions of work, in contracts that are free, fair and fully consented to. In particular, States parties may wish to consider developing model or standard provisions for these purposes.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0041","docId":"cmw-c-gc-1","idx":41,"n":41,"text":"41. States parties should include provisions for monitoring mechanisms of the working conditions of migrant domestic workers in national legislation and strengthen labour inspection services to carry out such monitoring and to receive, investigate and address complaints of alleged violations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0042","docId":"cmw-c-gc-1","idx":42,"n":42,"text":"42. States parties should ensure that migrant domestic workers are granted access to social security benefits on the basis of equal treatment with nationals (article 27).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"27","source":"regex"}]},{"id":"cmw-c-gc-1-0043","docId":"cmw-c-gc-1","idx":43,"n":43,"text":"43. States should ensure effective access of all migrant domestic workers to any medical care urgently required to avoid irreparable harm to their health (article 28). Particular attention should be given to women migrant domestic workers with irregular status, who are especially vulnerable during pregnancy, as they are often afraid to contact public health services out of fear of deportation. States should not require public health institutions providing care to report data on the regular or irregular status of a patient to immigration authorities.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"28","source":"regex"}]},{"id":"cmw-c-gc-1-0044","docId":"cmw-c-gc-1","idx":44,"n":44,"text":"44. States should ensure that migrant domestic workers in a documented or regular situation enjoy equal treatment with nationals in relation to social and health services (article 43(1)(e)). Moreover, the Committee recalls the obligations assumed by States under other core international human rights treaties, notably the International Covenant on Economic, Social and Cultural Rights, to take appropriate measures towards ensuring to all persons within their jurisdiction, irrespective of their immigration status, the highest attainable standard of physical and mental health and medical care, services and attention in the event of sickness.[[fn:9]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":9,"text":"See International Covenant on Economic, Social and Cultural Rights, art. 12. As the Committee on Economic, Social and Cultural Rights underlines in its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, “The Covenant rights apply to everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation” (para. 30). See also Committee on the Elimination of All Forms of Racial Discrimination, general recommendation No. 30 (2004) on discrimination against non citizens."}],"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"ICESCR","article":"43","paragraph":"1","source":"regex"}]},{"id":"cmw-c-gc-1-0045","docId":"cmw-c-gc-1","idx":45,"n":45,"text":"45. The right to organize and to engage in collective bargaining is essential for migrant domestic workers to express their needs and defend their rights, in particular through trade unions (articles 26 and 40) and labour organizations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"26","source":"regex"},{"treaty":"CMW","article":"40","source":"regex"}]},{"id":"cmw-c-gc-1-0046","docId":"cmw-c-gc-1","idx":46,"n":46,"text":"46. The laws of States parties, particularly countries of employment of migrant domestic workers, should recognize the right of the latter to form and join organizations, regardless of migration status (article 26) and self-organization should be encouraged.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"26","source":"regex"}]},{"id":"cmw-c-gc-1-0047","docId":"cmw-c-gc-1","idx":47,"n":47,"text":"47. States parties are encouraged to provide migrant domestic workers with information about relevant associations that can provide assistance in the country/city of origin and employment.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0048","docId":"cmw-c-gc-1","idx":48,"n":48,"text":"48. States parties should take effective measures to ensure that migrant domestic workers are free to practise the religion or belief of their choice, as well as their freedom of expression, individually or in community with others, in public and in private, in accordance with articles 12 and 13 of the Convention and other international human rights standards (articles 12 and 13).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"12","source":"regex"},{"treaty":"CMW","article":"13","source":"regex"},{"treaty":"CMW","article":"12","source":"regex"},{"treaty":"CMW","article":"13","source":"regex"}]},{"id":"cmw-c-gc-1-0049","docId":"cmw-c-gc-1","idx":49,"n":49,"text":"49. States of employment should ensure that all migrant domestic workers have access to mechanisms for bringing complaints about violations of their rights (articles 18, paragraph 1, and 83). States parties should ensure that such complaints are investigated in an appropriate manner and within a reasonable period of time and that cases of violations are appropriately sanctioned. To facilitate access to redress mechanisms, States parties could for example designate a domestic workers’ Ombudsperson. States parties should also ensure that migrant domestic workers can obtain legal redress and remedies for violations of their rights by employers who enjoy diplomatic immunity under the Vienna Convention on Diplomatic Relations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"18","source":"regex"}]},{"id":"cmw-c-gc-1-0050","docId":"cmw-c-gc-1","idx":50,"n":50,"text":"50. In order to ensure effective access to justice and remedies for all migrant domestic workers, the Committee considers that migrant domestic workers should be able to access courts and other justice mechanisms without fear of being deported as a consequence, and that migrant domestic workers should have access to temporary shelter when needed due to the abusive circumstances of their employment. States parties are encouraged to consider time-bound or expedited legal proceedings to address complaints by migrant domestic workers. Moreover, States parties are encouraged to enter into bilateral agreements in order to ensure that migrants who return to their country of origin may have access to justice in the country of employment, including to complain about abuse and to claim unpaid wages and benefits.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0051","docId":"cmw-c-gc-1","idx":51,"n":51,"text":"51. With a view to preventing irregular migration as well as smuggling and human trafficking, States parties should ensure that migrant domestic workers have access to regular channels for migration based on actual demand (article 68).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"68","source":"regex"}]},{"id":"cmw-c-gc-1-0052","docId":"cmw-c-gc-1","idx":52,"n":52,"text":"52. States parties should take appropriate measures to address the extreme vulnerability of undocumented migrant domestic workers, especially women and children. In particular, States parties should consider policies, including regularization programmes, to avoid or resolve situations in which migrant domestic workers are undocumented or are at risk of falling into irregular status (article 69).","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"69","source":"regex"}]},{"id":"cmw-c-gc-1-0053","docId":"cmw-c-gc-1","idx":53,"n":53,"text":"53. States parties should avoid making the immigration status of migrant domestic workers conditional on the sponsorship or guardianship of a specific employer, since any such arrangement may unduly restrict the liberty of movement of migrant domestic workers (article 39) and increases their vulnerability to exploitation and abuse, including in conditions of forced labour or servitude (article 11).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"39","source":"regex"},{"treaty":"CMW","article":"11","source":"regex"}]},{"id":"cmw-c-gc-1-0054","docId":"cmw-c-gc-1","idx":54,"n":54,"text":"54. States parties shall take appropriate measures to protect the unity of the families of migrant domestic workers in a regular situation (article 44, paragraph 1). In particular, migrant domestic workers should have reasonable opportunities for family contact and family-related mobility, including opportunities to communicate with family left behind, travel to participate in essential family matters such as funerals, and, especially in the case of long-term migrants, to visit spouses and children in other countries. States parties should ensure that children separated from one or both parents are allowed to maintain direct contact with both parents on a regular basis.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"44","source":"regex"}]},{"id":"cmw-c-gc-1-0055","docId":"cmw-c-gc-1","idx":55,"n":55,"text":"55. Moreover, States parties should take appropriate measures with regard to migrant domestic workers in a regular situation to facilitate their reunification with their spouses and children (article 44, paragraph 2). In the event of the death of or divorce from a migrant worker with a regular status, States parties should favourably consider granting independent residence status to family members of that migrant worker (article 50).","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"44","source":"regex"},{"treaty":"CMW","article":"50","source":"regex"}]},{"id":"cmw-c-gc-1-0056","docId":"cmw-c-gc-1","idx":56,"n":56,"text":"56. In line with the Convention on the Rights of the Child and relevant International Labour Organization (ILO) instruments, States should ensure that migrant children do not perform any type of domestic work which is likely to be hazardous or harmful to their health or physical, mental, spiritual, moral or social development. States shall refrain from adopting policies aimed at recruiting domestic migrant children.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0057","docId":"cmw-c-gc-1","idx":57,"n":57,"text":"57. States parties shall ensure that all migrant children, independently of their migration status, have access to free and compulsory primary education as well as to secondary education on the basis of equality of treatment with nationals of the State concerned (article 30), and that the domestic work carried out by children does not interfere with their education. Schools should not be required to report data on the regular or irregular status of pupils to immigration authorities.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"30","source":"regex"}]},{"id":"cmw-c-gc-1-0058","docId":"cmw-c-gc-1","idx":58,"n":58,"text":"58. Children of migrant domestic workers shall be registered soon after birth, independently of the migration status of their parents, and be provided with birth certificates and other identity documents States should take all appropriate measures to ensure that children are not deprived of a nationality. (article 29)","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"29","source":"regex"}]},{"id":"cmw-c-gc-1-0059","docId":"cmw-c-gc-1","idx":59,"n":59,"text":"59. States parties should eliminate discriminatory policies and practices that deny or restrict the rights of children of migrant domestic workers, notably their right to health and education (articles 28 and 30).","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"28","source":"regex"},{"treaty":"CMW","article":"30","source":"regex"}]},{"id":"cmw-c-gc-1-0060","docId":"cmw-c-gc-1","idx":60,"n":60,"text":"60. As noted by the Committee on the Elimination of All Forms of Discrimination against Women, the position of female migrants is different from that of male migrants with regard to, inter alia, the migration channels used, the sectors of the labour market where they are employed, the forms of abuse they suffer and the consequences and impact thereof.[[fn:10]] Recognizing that most domestic workers are women and girls and taking into consideration traditional roles, the gendered labour market, the universal prevalence of gender-based violence and the worldwide feminization of poverty and labour migration, States should incorporate a gender perspective in efforts to understand their specific problems and develop remedies to the gender-based discrimination that they face throughout the migration process.","labels":["Migrants","Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":10,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 26 (2008) on women migrant workers, para. 5."}],"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0061","docId":"cmw-c-gc-1","idx":61,"n":61,"text":"61. States parties should repeal sex-specific bans and discriminatory restrictions on women’s migration on the basis of age, marital status, pregnancy or maternity status (articles 1 and 7), including restrictions that require women to get permission from their spouse or male guardian to obtain a passport or to travel (article 8) or bans on women migrant domestic workers marrying nationals or permanent residents (article 14), or securing independent housing. States parties should also repeal discriminatory laws, regulations and practices related to HIV, including those which result in the loss of work visas based on HIV status, and ensure that medical testing of migrant domestic workers, including tests for pregnancy or HIV, is only done voluntarily and subject to informed consent.","labels":["Migrants","Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"1","source":"regex"},{"treaty":"CMW","article":"7","source":"regex"},{"treaty":"CMW","article":"8","source":"regex"},{"treaty":"CMW","article":"14","source":"regex"}]},{"id":"cmw-c-gc-1-0062","docId":"cmw-c-gc-1","idx":62,"n":62,"text":"62. While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0063","docId":"cmw-c-gc-1","idx":63,"n":63,"text":"63. Embassies and consulates of countries of origin are encouraged to cooperate with each other to identify abusive recruitment agencies and to promote appropriate protection policies for migrant domestic workers.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0064","docId":"cmw-c-gc-1","idx":64,"n":64,"text":"64. In the case of detention of a migrant domestic worker or a member of his or her family, the person shall be contacted by the embassies or consulates concerned with a view to arranging visits by the relevant consular officials in consultation with the State of employment. (articles 16, paragraph 7, and 23).","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-1-0065","docId":"cmw-c-gc-1","idx":65,"n":65,"text":"65. The Committee emphasizes the importance of genuine consultations with migrant domestic workers and civil society organizations in the development and implementation of legislative and other measures related to migrant domestic workers and the protection of their rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0066","docId":"cmw-c-gc-1","idx":66,"n":66,"text":"66. States parties should include in their reports information about efforts to monitor the situation of migrant domestic workers, including through the provision of statistical data, and to protect their rights under the Convention, keeping in mind the recommendations contained in the present general comment.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-2-0001","docId":"cmw-c-gc-2","idx":1,"n":1,"text":"International sources estimate that between 10 and 15 per cent of the world’s international migrants are in an irregular situation, although the very nature of irregular migration makes it difficult to find reliable data on the scale of this phenomenon. While the economies of developing countries cannot absorb the large numbers of young men and, increasingly, women, seeking employment, population decline and ageing have reduced the labour force in developed countries, thereby generating a demand for low and middle-skilled migrant workers in many sectors of the economy. However, that demand has not been matched by a corresponding increase in regular migration channels. As a result, employers often resort to migrant workers in an irregular situation to fill the gaps.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":1,"text":"International Labour Office, International Labour Migration: A rights-based approach (2010), p. 32."}]},{"id":"cmw-c-gc-2-0002","docId":"cmw-c-gc-2","idx":2,"n":2,"text":"As a deterrent for migrant workers and members of their families in an irregular situation to enter or stay on their territory, States increasingly resort to repressive measures, such as criminalization of irregular migration, administrative detention and expulsion. Criminalization of irregular migration fosters and promotes public perceptions that migrant workers and members of their families in an irregular situation are “illegal”, second-class individuals, or unfair competitors for jobs and social benefits, thereby fuelling anti-immigration public discourses, discrimination and xenophobia. Moreover, migrant workers and members of their families in an irregular situation generally live in fear of being reported to the immigration authorities by public service providers or other officials, or by private individuals, which limits their access to fundamental human rights, as well as their access to justice, and makes them more vulnerable to labour and other types of exploitation and abuse.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0003","docId":"cmw-c-gc-2","idx":3,"n":3,"text":"The term “migrant workers in an irregular situation” is defined in article 5 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (the Convention), which specifies that migrant workers or members of their families are considered as non-documented or in an irregular situation if they are not authorized to enter, to stay or to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which it is a party.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"5","source":"regex"}]},{"id":"cmw-c-gc-2-0004","docId":"cmw-c-gc-2","idx":4,"n":4,"text":"The Committee is of the view that the term “in an irregular situation” or “non-documented” is the proper terminology when referring to their status. The use of the term “illegal” to describe migrant workers in an irregular situation is inappropriate and should be avoided as it tends to stigmatize them by associating them with criminality.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":2,"text":"See General Assembly resolution 3449, para. 2."}]},{"id":"cmw-c-gc-2-0005","docId":"cmw-c-gc-2","idx":5,"n":5,"text":"5. The situation of migrant workers may be irregular either because they have entered the State of employment in an unauthorized way and are thus not authorized to stay, reside or work in that State, or because they overstay the period or otherwise violate the conditions of their authorized stay. Regular migrants may also lose their status through no fault of their own due to illness or other unforeseen circumstances affecting them or family members. The Committee emphasizes that whatever the modalities of their stay, migrant workers can never be deprived of their fundamental rights, as protected under Part III of the Convention, by virtue of their irregular situation.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0006","docId":"cmw-c-gc-2","idx":6,"n":6,"text":"6. Part III of the Convention protects the rights of all migrant workers and members of their families, including those in an irregular situation. Most of the rights protected in Part III are common to a host of international human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Among the civil and political rights protected in Part III, the right of migrant workers to liberty and security of person (art. 16) and the right of migrant workers deprived of their liberty to be treated with humanity (art. 17) have been contextualized, taking into account the situation of this group of rights-holders. Specific rights of migrant workers that are either not explicitly protected in other human rights treaties include their protection against unauthorized confiscation or destruction of personal documents (art. 21), procedural safeguards in individual expulsion proceedings (art. 22) and the right to have recourse to consular or diplomatic protection and assistance (art. 23). Among the economic, social and cultural rights of all migrant workers, the right to respect for their cultural identity (art. 31) and the right to transfer their earnings and savings upon termination of their stay in the State of employment (art. 32) are Convention-specific. In addition, Part III provides for information rights (art. 33) and affirms the obligation of all migrant workers and members of their families to comply with the laws of the State of employment or transit (art. 34).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"article":"16","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 16 of CMW — liberty and security of person of migrant workers. Text explicitly states 'the right of migrant workers to liberty and security of person (art. 16)'. Home treaty CMW."},{"article":"17","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 17 of CMW — right of deprived-of-liberty migrant workers to be treated with humanity. Explicitly stated '(art. 17)'."},{"article":"21","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 21 of CMW — protection against unauthorized confiscation of documents. Explicitly '(art. 21)'."},{"article":"22","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 22 of CMW — procedural safeguards in expulsion proceedings. Explicitly '(art. 22)'."},{"article":"23","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 23 of CMW — right to consular/diplomatic assistance. Explicitly '(art. 23)'."},{"article":"31","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 31 of CMW — right to respect for cultural identity. Explicitly '(art. 31)'."},{"article":"32","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 32 of CMW — right to transfer earnings. Explicitly '(art. 32)'."},{"article":"33","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 33 of CMW — information rights. Explicitly '(art. 33)'."},{"article":"34","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 34 of CMW — obligation to comply with laws of State of employment. Explicitly '(art. 34)'."}]},{"id":"cmw-c-gc-2-0007","docId":"cmw-c-gc-2","idx":7,"n":7,"text":"7. The Committee notes that the Convention provides only for a minimum standard of protection. Article 81, paragraph 1, states that nothing shall prevent States parties from granting more favourable rights or freedoms than those set out in the Convention to migrant workers and members of their families, including those in an irregular situation, by virtue of the law and practice of, or any bilateral or multilateral treaty in force for, the State party concerned. The Committee is of the view that a State’s obligation under the Convention must be read with respect to the core human rights treaties and other relevant international instruments to which it is a party. Although separate and freestanding, these treaties are complementary and mutually reinforcing.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"81","source":"regex"}]},{"id":"cmw-c-gc-2-0008","docId":"cmw-c-gc-2","idx":8,"n":8,"text":"8. The rights guaranteed to migrants in an irregular situation in other international human rights treaties often have a wider scope than their counterparts in Part III of the Convention. These treaties also contain additional rights. The rights guaranteed in those treaties generally apply to everyone, including migrants and other non-nationals, without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including immigration status.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0009","docId":"cmw-c-gc-2","idx":9,"n":9,"text":"9. For example, the International Covenant on Civil and Political Rights provides for a wider scope of protection regarding the right of peaceful assembly, the right to freely enter marriage and to equality of rights and responsibilities of spouses, the right of every child to special protection, the right to equality before the law and equal protection of the law, and minority rights. In addition, other rights enshrined in the Covenant apply to all migrant workers, whether in a regular or an irregular situation, such as the right to form associations and trade unions and the right to protection of the family, whereas the Convention makes a distinction between migrant workers in a regular situation and those in an irregular situation. Both the Covenant and the Convention protect the right to freedom of movement and to free choice of residence of migrants insofar as they are lawfully within the territory of a State party.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0010","docId":"cmw-c-gc-2","idx":10,"n":10,"text":"10. Similarly, the International Covenant on Economic, Social and Cultural Rights also provides for a broader range of rights, including the right to strike, the right to freely enter marriage, the right to maternity protection, the right to special protection of children and adolescents, the right to an adequate standard of living including adequate food and clothing, and certain cultural rights. The Convention does not provide for such rights only in relation to migrant workers in a regular situation. In addition, the Covenant recognizes the rights to work, to vocational guidance and training, to form trade unions, to protection of the family, to housing, and to participate in cultural life. The Convention recognizes these rights in relation to migrant workers in a regular situation and members of their families. In addition, most of the economic, social and cultural rights in Part III of the Convention have a narrower scope than their counterparts in the Covenant.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0011","docId":"cmw-c-gc-2","idx":11,"n":11,"text":"11. Regional human rights treaties protect all migrants against refoulement[[fn:3]] and collective expulsion.[[fn:4]] However, the procedural safeguards in individual expulsion proceedings in regional human rights treaties apply only to migrants who are lawfully within the territory of a State party.[[fn:5]] The rights protected in the European Social Charter apply to “foreigners only insofar as they are nationals of other Contracting Parties lawfully resident or working regularly within the territory of the Contracting Party concerned”, or to migrant workers and their families “lawfully within their territories”.[[fn:6]] The opinions of the European Committee of Social Rights, however, have held that the European Social Charter also applies to vulnerable categories of undocumented migrant children. Moreover, the right to education is guaranteed to all migrant children, regardless of their migration status, in all regional human rights systems.[[fn:7]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":3,"text":"See European Convention on Human Rights (ECHR), art. 3; American Convention on Human Rights (ACHR), art. 22, para. 8; and African Charter on Human and Peoples’ Rights (ACHPR), art. 5."},{"n":4,"text":"See Protocol No. 4 to ECHR, art. 4; ACHR, art. 22(9); ACHPR, art. 12(5); and Arab Charter on Human Rights (Arab Charter), art. 26(1)."},{"n":5,"text":"See Protocol No. 7 to ECHR, art. 1; ACHR, art. 22(6); ACHPR, art. 12(4); and the Arab Charter, art. 26(2)."},{"n":6,"text":"European Social Charter, arts. 19(4-9), and the appendix."},{"n":7,"text":"See Protocol No. 1 to ECHR, art. 2 (read in conjunction with art. 14 of ECHR); ACHPR, art. 17(1); and African Charter on the Rights and Welfare of the Child, art. 11. See also the case law of the European Committee of Social Rights on art. 17(2) of the revised European Social Charter and the jurisprudence of the Inter-American Court of Human Rights on art. 19 of ACHR."}]},{"id":"cmw-c-gc-2-0012","docId":"cmw-c-gc-2","idx":12,"n":12,"text":"12. International labour standards adopted by the International Labour Conference of the International Labour Organization (ILO) apply to migrant workers, including those in an irregular situation, unless otherwise stated. The fundamental principles and rights at work set out in the eight fundamental ILO Conventions[[fn:8]] apply to all migrant workers, irrespective of their nationality and migration status. The 1998 ILO Declaration on fundamental principles and rights at work and its follow-up requires all ILO member States to promote and realize the principles concerning the fundamental rights enshrined in these Conventions. A number of other ILO standards of general application and those containing specific provisions on migrant workers in the areas of employment, labour inspection, social security, protection of wages, occupational safety and health, as well as in such sectors as agriculture, construction, hotels and restaurants, and domestic work, are of particular importance to migrant workers in an irregular situation.[[fn:9]] Lastly, in formulating national laws and policies concerning labour migration and the protection of migrant workers in an irregular situation, States are also guided by ILO Convention No. 97 (1949) concerning Migration for Employment (Revised), [[fn:10]]Convention No. 143 (1975) concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Supplementary Provisions), and the accompanying Recommendations Nos. 86 and 151.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":8,"text":"Conventions No. 29 (1930) concerning Forced Labour; No. 105 (1957) concerning the Abolition of Forced Labour; No. 138 (1973), concerning Minimum Age for Admission to Employment; No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; No. 87 (1948) concerning the Freedom of Association and Protection of the Right to Organize; No. 98 (1949) concerning the Right to Organize and Collective Bargaining; No. 100 (1951) concerning Equal Remuneration; and No. 111 (1958) concerning Discrimination (Employment and Occupation)."},{"n":9,"text":"For example, ILO Conventions Nos. 19, 81, 95, 110, 121, 129, 131, 155, 167, 172, 181, 184, 189, 200 and 201."},{"n":10,"text":"While Convention No. 97 in principle only applies to migrant workers lawfully within the territory of a State, it contains certain provisions requiring States parties to take measures that have the effect of preventing migrant workers from falling into an irregular situation."}]},{"id":"cmw-c-gc-2-0013","docId":"cmw-c-gc-2","idx":13,"n":13,"text":"13. The Convention strikes a balance between the sovereign power of States parties to control their borders and to regulate the entry and stay of migrants workers and members of their families, on the one hand, and the protection of the rights, under Part III of the Convention, of all migrant workers and members of their families, including those in an irregular situation, on the other. This balance is reflected in article 79 of the Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"79","source":"regex"}]},{"id":"cmw-c-gc-2-0014","docId":"cmw-c-gc-2","idx":14,"n":14,"text":"14. Article 34 of the Convention states that nothing in Part III of the Convention shall have the effect of relieving migrant workers and members of their families from either the obligation to comply with the laws and regulations of any State of transit and the State of employment or the obligation to respect the cultural identity of the inhabitants of those States. The obligation to comply with the laws and regulations of the State of employment or any State of transit comprises a duty to refrain from any hostile act directed against national security, public order (ordre public) or the rights and freedom of others.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"34","source":"regex"}]},{"id":"cmw-c-gc-2-0015","docId":"cmw-c-gc-2","idx":15,"n":15,"text":"15. Article 35 of the Convention clarifies that the fact that Part III protects the rights of all migrant workers and members of their families, irrespective of their migration status, cannot be interpreted as implying the regularization of the situation of migrant workers or members of their families in an irregular situation or any right to such regularization. While States parties have no obligation to regularize the situation of migrant workers or members of their families, they shall take appropriate measures, whenever migrant workers or members of their families within their territory are in an irregular situation, to ensure that such a situation does not persist (art. 69, para. 1). States parties shall therefore consider the possibility of regularizing the situation of such persons in each individual case, in accordance with applicable national legislation and bilateral or multilateral agreements, taking into account the circumstances of their entry, the duration of their stay and other relevant considerations, in particular those relating to their family situation (art. 69, para. 2). When States parties provide for the regularization of migrant workers in their national legislation, they must ensure that all migrant workers and members of their families in an irregular situation have non-discriminatory and effective access to such regularization procedures and that those procedures are not applied in an arbitrary manner (arts. 7 and 69).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"35","source":"regex"},{"treaty":"CMW","article":"69","source":"regex"},{"treaty":"CMW","article":"69","source":"regex"}]},{"id":"cmw-c-gc-2-0016","docId":"cmw-c-gc-2","idx":16,"n":16,"text":"16. The Committee recalls that regularization is the most effective measure to address the extreme vulnerability of migrant workers and members of their families in an irregular situation.[[fn:11]] States parties should therefore consider policies, including regularization programmes, for avoiding or resolving situations whereby migrant workers and members of their families are in, or are at risk of falling into, an irregular situation (art. 69, para. 1).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":11,"text":"Committee’s general comment No. 1 (2011) on migrant domestic workers, para. 52."}],"citedArticles":[{"treaty":"CMW","article":"69","source":"regex"}]},{"id":"cmw-c-gc-2-0017","docId":"cmw-c-gc-2","idx":17,"n":17,"text":"17. States parties shall cooperate in promoting sound, equitable, humane and lawful conditions for international migration (art. 64, para. 1). Coordinated policies, which ensure that migrant workers and members of their families have access to regular channels for migration, based on actual or projected labour market needs – at all skills levels – and resources (art. 64, para. 2), are an important element of such cooperation. By making regular channels of migration available, States parties also contribute to the aim of preventing and eliminating illegal or clandestine movements and employment of migrant workers in an irregular situation (art. 68).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"64","source":"regex"},{"treaty":"CMW","article":"64","source":"regex"},{"treaty":"CMW","article":"68","source":"regex"}]},{"id":"cmw-c-gc-2-0018","docId":"cmw-c-gc-2","idx":18,"n":18,"text":"18. The principle of non-discrimination is central to all international human rights instruments and to the Charter of the United Nations. Article 7 of the Convention explicitly includes nationality among the prohibited grounds of discrimination. Treaty bodies have also interpreted the prohibition of discrimination to include non-nationals, such as migrant workers, regardless of legal status and documentation.[[fn:12]] The rights in Part III of the Convention also apply to all migrant workers and members of their families, including those in an irregular situation. Therefore, any differential treatment based on nationality or migration status amounts to discrimination unless the reasons for such differentiation are prescribed by law, pursue a legitimate aim under the Convention, are necessary in the specific circumstances, and proportionate to the legitimate aim pursued.[[fn:13]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":12,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 30."},{"n":13,"text":"See Human Rights Committee, general comment No. 18 (1989) on non-discrimination, para. 13; and Committee on Economic, Social and Cultural Rights, general comment No. 20 on the right to education, para. 13."}],"citedArticles":[{"article":"7","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Article 7 of the Convention explicitly includes nationality among the prohibited grounds of discrimination', referring to CMW article 7."}]},{"id":"cmw-c-gc-2-0019","docId":"cmw-c-gc-2","idx":19,"n":19,"text":"19. Article 7 requires States parties “to respect and to ensure” to all migrant workers and members of their families without discrimination the rights provided for in the Convention. Article 7 does not provide an autonomous right. Its application is limited to those rights of migrant workers and members of their families in an irregular situation that are protected in the Convention, and in particular Part III. Article 7 covers both de jure and de facto discrimination. In this context, de jure refers to discrimination that exists in the law, and de facto refers to discrimination that exists in fact or has an effect even though not formally or legally recognized. States parties shall respect the prohibition of discrimination by ensuring that their laws, regulations and administrative practices do not discriminate against migrant workers and members of their families. The Committee is of the view that merely addressing de jure discrimination will not ensure de facto equality. Therefore, States parties shall protect the rights under the Convention for all migrant workers by adopting positive measures to prevent, diminish and eliminate the conditions and attitudes which cause or perpetuate de facto discrimination against them.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"7","source":"regex"},{"treaty":"CMW","article":"7","source":"regex"},{"treaty":"CMW","article":"7","source":"regex"}]},{"id":"cmw-c-gc-2-0020","docId":"cmw-c-gc-2","idx":20,"n":20,"text":"20. Article 7 prohibits both direct and indirect discrimination against migrant workers. In line with the jurisprudence of other international human rights mechanisms, indirect discrimination against migrant workers occurs when a law, policy or practice appears neutral at face value, but has a disproportionate impact on their rights. For example, requiring birth certificates for school enrolment may disproportionately affect migrant workers in an irregular situation, who often do not possess, or have been denied, such certificates.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"7","source":"regex"}]},{"id":"cmw-c-gc-2-0021","docId":"cmw-c-gc-2","idx":21,"n":21,"text":"21. Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0022","docId":"cmw-c-gc-2","idx":22,"n":22,"text":"22. States parties are also required to take effective measures to fight all manifestations of racism, xenophobia or related intolerance against migrant workers and members of their families, especially those in an irregular situation, such as hate crimes, incitement to hatred and hate speech, including by politicians and in the media, and to raise public awareness about the criminal nature of such acts as well as to promote respect for migrant workers’ human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0023","docId":"cmw-c-gc-2","idx":23,"n":23,"text":"23. Article 16 protects the right of migrant workers and members of their families to liberty and security of person (para. 1), and provides that identity controls of migrant workers must comply with the procedure established by law (para. 3). Article 16, paragraph 4, complements article 9, paragraph 1, of the International Covenant on Civil and Political Rights, adding that migrant workers and members of their families shall not be subjected “individually or collectively” to arbitrary arrest or detention. In order not to be arbitrary, arrest and detention of migrant workers and members of their families, including those in an irregular situation, must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances and proportionate to the legitimate aim pursued.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"ICCPR","article":"16","source":"regex"},{"treaty":"ICCPR","article":"16","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"cmw-c-gc-2-0024","docId":"cmw-c-gc-2","idx":24,"n":24,"text":"24. The Committee considers that crossing the border of a country in an unauthorized manner or without proper documentation, or overstaying a permit of stay does not constitute a crime. Criminalizing irregular entry into a country exceeds the legitimate interest of States parties to control and regulate irregular migration, and leads to unnecessary detention. While irregular entry and stay may constitute administrative offences, they are not crimes per se against persons, property or national security.[[fn:14]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":14,"text":"See report of the Special Rapporteur on the human rights of migrants to the Human Rights Council (A/HRC/20/24), para. 13."}]},{"id":"cmw-c-gc-2-0025","docId":"cmw-c-gc-2","idx":25,"n":25,"text":"25. Although article 16, paragraph 4, does not define the permissible grounds for detention, it states that migrant workers and members of their families shall not be deprived of their liberty, except on such grounds and in accordance with such procedures as are established by law. Furthermore detention must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances, and proportionate to the legitimate aim pursued.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0026","docId":"cmw-c-gc-2","idx":26,"n":26,"text":"26. In the Committee’s view, any custodial or non-custodial measure restricting the right to liberty must be exceptional and always based on a detailed and individualized assessment. Such assessment should consider the necessity and appropriateness of any restriction of liberty, including whether it is proportional to the objective to be achieved. The principle of proportionality requires States parties to detain migrant workers only as a last resort, and to give preference to less coercive measures, especially non-custodial measures, whenever such measures suffice to achieve the objective pursued. In all such cases, the least intrusive and restrictive measure possible in each individual case should be applied.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0027","docId":"cmw-c-gc-2","idx":27,"n":27,"text":"27. Administrative detention of migrants that is initially lawful and non-arbitrary may become arbitrary if it continues beyond the period for which a State party can provide proper justification. To prevent such a situation from occurring, a maximum period of administrative detention shall be established by law, upon expiry of which a detainee must be automatically released in the absence of such justification. Administrative detention must never be unlimited or of excessive length. The justification for keeping a migrant worker detained shall be reviewed periodically to prevent prolonged and unjustified detention, which would be considered arbitrary. Preventive detention of migrant workers often leads to prolonged detention based on vague criteria. Therefore, such detention should be imposed only following an individual assessment in each case and for the shortest time possible, in compliance with all procedural safeguards provided for in article 16 of the Convention. In cases where an expulsion order cannot be executed for reasons beyond the detained migrant worker’s control, he or she shall be released in order to avoid potentially indefinite detention.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0028","docId":"cmw-c-gc-2","idx":28,"n":28,"text":"28. Article 16, paragraph 5, requires States parties to inform migrant workers and members of their families who are arrested of the reasons for their arrest at the time of arrest and, as far as possible, in a language they understand. Moreover, they must be promptly informed of the charges against them in a language they understand. In order to comply with this obligation, States parties should consider preparing standard notification forms, containing, inter alia, information on available remedies, in the languages that are most frequently used or understood by migrant workers in an irregular situation in the State party concerned. Such standard notification forms, however, should be complementary to the issuance of a detention order containing factual information and the legal grounds pertaining to the arrest.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0029","docId":"cmw-c-gc-2","idx":29,"n":29,"text":"29. Under article 16, paragraph 6, the guarantees of certain rights of migrant workers and members of their families in custody and pretrial detention are applicable to anyone suspected of committing or having committed a crime.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0030","docId":"cmw-c-gc-2","idx":30,"n":30,"text":"30. Article 16, paragraph 7, provides for the right of migrant workers who are deprived of their liberty to communicate with the consular or diplomatic authorities of their State of origin or those of a State representing the interests thereof. It also requires State parties to:","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0031","docId":"cmw-c-gc-2","idx":31,"n":31,"text":"31. In order to enable detained migrant workers to avail themselves effectively of the rights under (c) above, States parties shall provide the relevant information without delay, that is, upon or shortly after admission to the facility where they are deprived of their liberty and preferably in a language they understand. In relation to (a) above, the Committee emphasizes that the detaining State shall only contact the said authorities if this is explicitly requested by the detained migrant worker. In particular, migrant workers with potential protection needs shall not be brought to the attention of the said authorities without their knowledge and consent.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0032","docId":"cmw-c-gc-2","idx":32,"n":32,"text":"32. Article 16, paragraph 8, provides for the right of all migrant workers and members of their families who are deprived of their liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of their detention. If the court finds that the detention is unlawful, it must order the release of the detained migrant worker. The Committee considers that mandatory detention of migrant workers and members of their families in an irregular situation is incompatible with article 16, paragraph 8, if the possibility of judicial review is confined to a formal assessment of whether the migrant worker concerned entered the State party without a valid entry permit, without the possibility of release if the detention is incompatible with article 16, paragraph 4.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"},{"treaty":"CMW","article":"16","source":"regex"},{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0033","docId":"cmw-c-gc-2","idx":33,"n":33,"text":"33. The Committee considers that anyone arrested and detained solely for immigration purposes should be brought promptly before a judge or other officer authorized by law to exercise judicial power to review the lawfulness of the arrest and/or detention and the continued necessity of such arrest or detention; and to order unconditional release and/or less coercive measures, if warranted. Further reviews of the continued necessity and lawfulness of the detention should be carried out at regular intervals by a judge or other officer authorized by law to exercise judicial power. The burden of proof must rest on the detaining authorities to demonstrate that the presumption in favour of liberty should be displaced. The migrant worker must have access to legal representation and advice, if necessary free of charge, to challenge the lawfulness of detention. Children, and in particular unaccompanied or separated children, should never be detained solely for immigration purposes.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0034","docId":"cmw-c-gc-2","idx":34,"n":34,"text":"34. Article 16, paragraph 8, of the Convention provides for the right of migrant workers attending such proceedings to an interpreter, if necessary, without cost to them, if they cannot understand or speak the language used. In the Committee’s view, States parties should take effective measures to ensure that all migrant workers held in migration detention centres, including those who opt for voluntary repatriation, are properly informed of their rights in a language they understand, especially with regard to their rights to consular assistance, to challenge the lawfulness of their detention and/or to release, to request asylum and to receive information about protection measures available to victims or witnesses of trafficking in persons.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0035","docId":"cmw-c-gc-2","idx":35,"n":35,"text":"35. Article 16, paragraph 9, provides for an enforceable right to compensation for migrant workers and members of their families who have been victims of unlawful arrest or detention. This right does not depend on a violation of article 16. It is sufficient that the arrest or detention be found unlawful under national or international law. States parties shall ensure that the right to compensation can be effectively enforced before the competent domestic authority. States parties must also ensure that migrant workers and members of their families are not expelled while their claim is being considered.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"},{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0036","docId":"cmw-c-gc-2","idx":36,"n":36,"text":"36. In accordance with article 17, paragraph 1, of the Convention, States parties have an obligation to treat migrant workers and members of their families who are deprived of their liberty with humanity, and with respect for their inherent dignity and cultural identity. In order to respect the inherent dignity of migrant workers and members of their families who are deprived of their liberty, States parties are obliged to ensure adequate conditions in line with applicable international standards, including the provision of adequate sanitary, bathing and shower facilities; adequate food (including appropriate food for those observing religious dietary laws) and drinking water; the right to communicate with relatives and friends; access to qualified medical personnel, and adequate opportunities to practise their faith, for example. It also requires States parties to ensure that they are not subjected to any form of inhumane treatment, including sexual violence and abuse, by guards or other detainees or inmates. States parties must therefore:","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0037","docId":"cmw-c-gc-2","idx":37,"n":37,"text":"37. Article 17, paragraph 2, of the Convention provides that accused migrant workers and members of their families shall be separated from convicted persons and shall be subjected to a regime appropriate to their status as persons who have not been convicted of a crime. In addition, accused juveniles shall be separated from adults and brought as speedily as possible for adjudication.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0038","docId":"cmw-c-gc-2","idx":38,"n":38,"text":"38. Article 17, paragraph 3, underlines the non-punitive nature of administrative detention. It provides for migrant workers or members of their families who are detained for violation of provisions relating to migration to be held, insofar as is practicable, separately from convicted persons or pretrial detainees. Given that such detention can last for an extended period, migrant detainees should be kept in special facilities that are specifically designed for that purpose. Moreover, migrant workers and members of their families should not be subjected to any greater restriction or severity than is necessary to ensure safe custody and good order. The Committee is of the view that States parties should look for alternatives to administrative detention and that administrative detention should only be used as a last resort.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0039","docId":"cmw-c-gc-2","idx":39,"n":39,"text":"39. The Committee considers that administrative detention of migrant workers should, as a rule, take place in public establishments. Privately run migrant detention centres pose particular difficulties in terms of monitoring. States parties cannot absolve themselves of their human rights obligations by contracting out the detention of persons to private commercial enterprises. If States parties delegate such functions to private companies, they must ensure respect for the rights of detained migrant workers, as provided for under article 17 of the Convention. States parties must ensure that detention centre personnel are trained in human rights, cultural sensitivity, and age and gender considerations.","labels":["Migrants","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0040","docId":"cmw-c-gc-2","idx":40,"n":40,"text":"40. Article 17, paragraph 4, underscores the essential aim of the criminal justice system, which is to reform and rehabilitate offenders. Juvenile offenders must be separated from adults and treated appropriately for their age and legal status, and pursuant to international standards, including the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0041","docId":"cmw-c-gc-2","idx":41,"n":41,"text":"41. Article 17, paragraph 5, guarantees detained and imprisoned migrant workers and members of their families the same rights as nationals with regard to visits by their family members. If the law of a State party grants certain visitation rights, such as direct contact with visiting family members, to nationals who are deprived of their liberty, it must ensure equal rights for detained or imprisoned migrant workers, including those in an irregular situation. States parties shall eliminate de facto discrimination against detained migrant workers by removing practical barriers to their equal enjoyment of visitation rights, such as detention in a remote location, making access difficult for family members.","labels":["Migrants","Persons living in rural/remote areas","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0042","docId":"cmw-c-gc-2","idx":42,"n":42,"text":"42. Article 17, paragraph 6, requires States parties to pay attention to the problems that deprivation of liberty may pose for family members, in particular spouses and minor children. In such cases, the Committee is of the view that States parties should seek alternatives to administrative detention, as administrative detention often has dire consequences, both economically and psychologically, for spouses and children.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0043","docId":"cmw-c-gc-2","idx":43,"n":43,"text":"43. Article 17, paragraph 7, contains a specific non-discrimination clause providing for detained or imprisoned migrant workers and members of their families to enjoy the same rights as nationals of the State of employment or transit who are in the same situation. This provision has the effect of extending additional procedural safeguards, over and above those contained in article 17, to detained migrant workers, such as the right to communicate with the outside, including by telephone, access to health professionals and to education, if also provided to nationals.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"},{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0044","docId":"cmw-c-gc-2","idx":44,"n":44,"text":"44. This provision also raises the issue of family detention. As a general rule, children and families with children should not be detained and States parties should always give priority to alternatives to detention where children and families are concerned. When family detention is unavoidable, detention of children shall be used “only as a measure of last resort and for the shortest appropriate period of time”, in accordance with article 37, paragraph (b), of the Convention on the Rights of the Child. Moreover, the primary consideration in all actions concerning children shall be the best interest of the child standard, as laid down in article 3, paragraph 1, of the Convention on the Rights of the Child. States parties shall ensure that children in detention are treated with humanity and respect for the inherent dignity of the human person and in an age-appropriate manner and are provided with all legal safeguards (Convention on the Rights of the Child, art. 37). States parties shall therefore provide living quarters that are suitable for children and provide adequate access to education, play and leisure facilities, and, in the case of children detained with their parents, in special family units. Children should not be separated from their parents against their will except when such separation is necessary for the best interests of the child (Convention on the Rights of the Child, art. 9, para. 1). Unaccompanied children should be appointed a legal guardian who should be entrusted with the duty to care for the child outside of detention facilities.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"cmw-c-gc-2-0045","docId":"cmw-c-gc-2","idx":45,"n":45,"text":"45. States parties must also take into consideration the special situation of women migrant workers in detention. States parties must ensure separate facilities for men and women, ensure the provision of gender-specific health care services, and also provide for the specific needs of pregnant women, breastfeeding mothers and mothers with young children. States should avoid detaining women migrant workers in the final months of pregnancy or if they are nursing. The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) provide useful guidelines for States in these situations.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0046","docId":"cmw-c-gc-2","idx":46,"n":46,"text":"46. Detention can be particularly damaging to vulnerable categories of migrant workers, impacting negatively on their physical and mental health. These migrant workers and members of their families may include victims of torture, unaccompanied older persons, persons with disabilities and persons living with HIV/AIDS. Special measures should be taken to protect vulnerable people deprived of their liberty, including access to adequate health services, medication and counselling. Moreover, migrant workers with disabilities and members of their families with disabilities should be provided with “reasonable accommodation”[[fn:15]] to ensure their right to enjoy their human rights and fundamental freedoms on an equal basis with others.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":15,"text":"Convention on the Rights of Persons with Disabilities, art. 2."}]},{"id":"cmw-c-gc-2-0047","docId":"cmw-c-gc-2","idx":47,"n":47,"text":"47. With regard to article 17, paragraph 8, the Committee considers that detention “for the purpose of verifying any infraction of provisions related to migration” covers the entire duration of administrative detention, and that, consequently, migrant workers and members of their families subjected to administrative detention shall not bear any costs arising therefrom.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0048","docId":"cmw-c-gc-2","idx":48,"n":48,"text":"48. Considering that migrant workers deprived of their liberty are in a particularly vulnerable situation due to their predicament and the uncertainty of the circumstances, the Committee is convinced of the importance of independent monitoring in preventing torture and other forms of ill-treatment and abuse. National human rights institutions, relevant civil society actors, the Office of the United Nations High Commissioner for Refugees (UNHCR), the International Committee of the Red Cross and the Office of the High Commissioner for Human Rights should have broad access to all places of detention where migrants are or may be detained.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0049","docId":"cmw-c-gc-2","idx":49,"n":49,"text":"49. Article 22 of the Convention prohibits collective expulsion and provides procedural safeguards in individual expulsion proceedings with respect to both regular and irregular migrant workers and members of their families. While article 22 regulates only the procedure and not the substantive grounds of expulsion, its purpose is to prevent arbitrary expulsions and to provide substantive protection against expulsions in certain situations. Article 22 applies to all procedures aimed at the obligatory departure of migrant workers whether described in national law as expulsion or otherwise.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0050","docId":"cmw-c-gc-2","idx":50,"n":50,"text":"50. The principle of non-refoulement, as contained in international and regional human rights and refugee law, is the prohibition on forcibly removing anyone, in any manner whatsoever, to a country or territory where they would be at real risk of persecution or serious human rights violations or abuses. In the view of the Committee, this principle covers the risk of torture and cruel, inhuman or degrading treatment or punishment, including inhumane and degrading conditions of detention for migrants or lack of necessary medical treatment in the country of return, as well as the risk to the right to life (arts. 9 and 10 of the Convention). It also applies to situations where individuals would not be protected from onward refoulement. The Committee is of the view that migrants and members of their families should be protected in cases where expulsions would constitute arbitrary interference with the right to family and private life. Migrants and members of their families in an irregular situation with international protection needs should also be protected against expulsion.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0051","docId":"cmw-c-gc-2","idx":51,"n":51,"text":"51. Article 22, paragraph 1, of the Convention explicitly prohibits collective expulsion and requires that each case of expulsion be examined and decided individually. States parties have an obligation to ensure that their expulsion procedures provide sufficient guarantees to ensure that the personal circumstances of each migrant worker are genuinely and individually taken into account. This obligation extends to all spaces over which a State party exercises effective control, which may include vessels on the high seas.[[fn:16]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":16,"text":"See European Court of Human Rights, Hirsi Jamaa and Others v. Italy, Application No. 27765/09 (23 February 2012)."}],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0052","docId":"cmw-c-gc-2","idx":52,"n":52,"text":"52. Article 22, paragraph 2, seeks to prevent arbitrary expulsions by allowing only those carried out “in pursuance of a decision taken by the competent authority in accordance with law.” Article 22, paragraph 3, provides for the decision on expulsion to be communicated to the migrant worker concerned in a language he or she understands and, upon his or her request where not otherwise mandatory, in writing and with reasons, save in exceptional circumstances on grounds of national security. These rights are important to ensure due process, by enabling migrant workers to prepare their arguments with regard to such a decision. The right of the persons concerned to be informed of these rights before, or, at the latest, at the time the decision is rendered, serves the same purpose.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0053","docId":"cmw-c-gc-2","idx":53,"n":53,"text":"53. The right of a person to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority (art. 22, para. 4), includes the right to seek a stay of the decision of expulsion pending review of the said decision. While a stay of decision does not regularize the status of the person concerned for the time of the proceedings, it prevents the State party from expelling him or her before a final decision is rendered. In accordance with article 83 of the Convention, States parties are obliged to provide an effective remedy, including the right to review by a competent authority for migrant workers and their family members, whose rights and freedoms as recognized in the Convention have been violated. The Committee notes that migrant workers and members of their families must be given adequate time and facilities to pursue such a remedy against expulsion so as to ensure the effectiveness of their right to review. Such facilities should include the right to legal assistance and the assistance of an interpreter, if necessary, and be free of charge, if the circumstances of the case so require. The competent authority reviewing the decision of expulsion should ideally be a court. The right to appeal expulsion under article 22, paragraph 4, of the Convention may only be restricted for “compelling reasons of national security”.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"83","source":"regex"},{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0054","docId":"cmw-c-gc-2","idx":54,"n":54,"text":"54. Article 22, paragraph 5, states that if an expulsion decision that has already been executed is subsequently annulled, the person concerned has the right to seek compensation according to law. The expelling State shall ensure that the expelled person has the necessary facilities to pursue his or her compensation claim from abroad, for example, by appointing a legal representative. Furthermore, the expelling State may not invoke the earlier (annulled) decision to deny the person concerned re-entry into its territory.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0055","docId":"cmw-c-gc-2","idx":55,"n":55,"text":"55. Article 22, paragraph 6, provides for the person concerned by an expulsion decision to have a reasonable opportunity before or after departure to settle any claims for wages and other entitlements due to him or her and any pending liabilities. This provision echoes article 9, paragraph 1, of ILO Convention No. 143 (1975) concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Supplementary Provisions). The opportunity to settle claims, wages and other benefits must be effective in practice. Migrant workers often encounter problems pursuing legal claims in the State of employment once they have returned to their State of origin, including high litigation costs or difficulties providing evidence. Therefore, States parties should, whenever possible, grant migrant workers and their family members a reasonable period of time prior to their expulsion to claim wages and benefits. States parties should also consider time-bound or expedited legal proceedings to address such claims by migrant workers. In addition, States parties should conclude bilateral agreements so that migrant workers who return to their State of origin may have access to justice in the State of employment to file complaints about abuse and to claim unpaid wages and benefits.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"9","source":"regex"}]},{"id":"cmw-c-gc-2-0056","docId":"cmw-c-gc-2","idx":56,"n":56,"text":"56. Article 22, paragraph 7, provides for migrant workers and members of their families who are subject to an expulsion decision to seek entry into a State other than their State of origin, without prejudice to the execution of the expulsion decision. The exercise of this choice on the part of the migrant worker and family members is subject to the consent of the third State.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0057","docId":"cmw-c-gc-2","idx":57,"n":57,"text":"57. Article 22, paragraph 8, provides that migrant workers and members of their families shall be exempt from bearing the costs of their expulsion. The expelling State may require that they pay their own travel costs, but migrant workers must not be required to pay the costs of the legal proceedings leading to their expulsion or the costs of their administrative detention (see also art. 17, para. 8). However, the Committee notes that migrant workers who are in an irregular situation not of their own making, for example, redundancy before expiry of a contract or where an employer failed to complete the necessary formalities, should not be responsible for the costs of expulsion, including travel costs.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0058","docId":"cmw-c-gc-2","idx":58,"n":58,"text":"58. Article 22, paragraph 9, complements article 22, paragraph 6, and article 25, paragraph 3, stating that migrant workers and family members should not be deprived of their acquired rights, such as the right to receive wages and “other entitlements,” including social security benefits or reimbursement of contributions made with respect to such benefits. States parties should therefore ensure that migrant workers and members of their families have access to information on the amount of their accrued social security benefits prior to their expulsion.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"25","source":"regex"}]},{"id":"cmw-c-gc-2-0059","docId":"cmw-c-gc-2","idx":59,"n":59,"text":"59. Article 23 of the Convention provides for migrant workers and members of their families subject to an expulsion decision to be informed without delay of their right, and to have recourse to the protection and assistance of the consular or diplomatic authorities of their State of origin. It also requires the authorities of the expelling State to facilitate the exercise of this right. Accordingly, the expelling State shall inform the person concerned without delay of this right, that is, at the time of or shortly after notifying the person of the expulsion decision and preferably in a language he or she understands. It shall facilitate any communication between the person concerned and the consular or diplomatic authorities of the State of origin.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"23","source":"regex"}]},{"id":"cmw-c-gc-2-0060","docId":"cmw-c-gc-2","idx":60,"n":60,"text":"60. Article 11 of the Convention requires States parties to take effective measures against all forms of forced or compulsory labour by migrant workers.[[fn:17]] This includes debt bondage, passport retention, and illegal confinement, for example. Article 21 obliges States parties to ensure that employers and recruiters do not confiscate or destroy travel or identity documents belonging to migrant workers.[[fn:18]] States parties should provide training to law enforcement officers, and ensure that occupations dominated by migrant workers, especially women migrant workers, such as domestic work[[fn:19]] and some forms of entertainment, are protected by labour laws and subject to inspections. [[fn:20]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":17,"text":"ILO Convention No. 29 (see Note 8 above)."},{"n":18,"text":"See Committee’s general comment No. 1 (2011) on migrant domestic workers, para. 39."},{"n":19,"text":"ILO Convention No. 189 (2011) concerning Decent Work for Domestic Workers."},{"n":20,"text":"See Committee’s general comment No. 1 (2011) on migrant domestic workers, para. 41."}],"citedArticles":[{"treaty":"CMW","article":"11","source":"regex"},{"treaty":"CMW","article":"21","source":"regex"}]},{"id":"cmw-c-gc-2-0061","docId":"cmw-c-gc-2","idx":61,"n":61,"text":"61. Article 25, paragraph 1 (b), of the Convention provides that laws and regulations on the minimum age of employment shall equally apply to migrant children. The minimum age shall not be less than 15 years, in accordance with article 2 of ILO Convention No. 138 (1973) concerning Minimum Age for Admission to Employment. Furthermore, in accordance with article 11 of the Convention, States parties are obliged to ensure that child migrant workers shall be protected from any form of slavery, prostitution or work that would jeopardize their education, safety, morals and health, such as long hours of work.[[fn:21]] States parties must protect child migrant workers from violence and ensure their rights to education, leisure and occupational health.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":21,"text":"ILO Convention No. 182 (see Note 8 above)."}],"citedArticles":[{"treaty":"CMW","article":"25","source":"regex"},{"treaty":"CMW","article":"2","source":"regex"},{"treaty":"CMW","article":"11","source":"regex"}]},{"id":"cmw-c-gc-2-0062","docId":"cmw-c-gc-2","idx":62,"n":62,"text":"62. Article 25, paragraph 1, provides for migrant workers, irrespective of their status, to enjoy equal treatment to that of nationals in respect of remuneration, other conditions of work and terms of employment.[[fn:22]] While States parties may refuse migrant workers who do not have work permits access to their labour markets, once an employment relationship has been initiated and until it is terminated, all migrant workers, including those in an irregular situation, are entitled to equal conditions of work and terms of employment. The conditions of work and terms of employment listed in article 25, paragraph 1(a) and (b), are non-exhaustive examples. The equal treatment principle also covers any other matter that, according to national law and practice, is considered a working condition or term of employment, such as maternity protection.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":22,"text":"ILO Convention No. 111 (1958) concerning Discrimination (Employment and Occupation)."}],"citedArticles":[{"treaty":"CMW","article":"25","source":"regex"},{"treaty":"CMW","article":"25","source":"regex"}]},{"id":"cmw-c-gc-2-0063","docId":"cmw-c-gc-2","idx":63,"n":63,"text":"63. States parties should require employers to explicitly state in contracts that are free, fair and fully consented to, the terms of employment for migrant workers, including those in an irregular situation, in a language they understand, outlining their specific duties, hours of work, remuneration, days of rest and other conditions of work.[[fn:23]] They should take effective measures against non-payment of wages, delay in payment until departure, transfer of wages into accounts that are inaccessible to migrant workers, or payment of lower wages to migrant workers, especially those in an irregular situation, than to nationals. States parties should also step up inspections of places where migrant workers are routinely employed and instruct labour inspectorates not to share data concerning the migration status of migrant workers with immigration authorities,[[fn:24]] as their primary duty is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, in accordance with article 3, paragraph 1 (a), of ILO Convention No. 81 (1947) concerning Labour Inspection in Industry and Commerce.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":23,"text":"See Committee’s general comment No. 1 (2011) on migrant domestic workers, paras. 38 and 40."},{"n":24,"text":"Ibid, paras. 41 and 49-50."}],"citedArticles":[{"treaty":"CMW","article":"3","source":"regex"}]},{"id":"cmw-c-gc-2-0064","docId":"cmw-c-gc-2","idx":64,"n":64,"text":"64. Article 25 provides for equality in treatment regarding remuneration and other conditions of work between nationals and migrants and also guarantees this right in private employment contracts, notwithstanding the status of the migrant worker. Article 25, paragraph 3, states that employers shall not be relieved of any legal or contractual obligations, nor shall their obligations be limited in any manner by reason of any irregularity in the stay or employment of migrant workers. States parties shall provide for appropriate sanctions for employers who derogate from the principle of equality of treatment in private employment contracts with migrant workers in an irregular situation, and ensure that those migrant workers have access to labour courts or other judicial remedies when their rights are violated and without fear of being deported (art. 83).[[fn:25]] To give effect to this provision, the Committee is of the view that States parties shall also put in place an effective monitoring system for workplaces, especially in industries known to be employing migrant workers in an irregular situation.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":25,"text":"Ibid., paras. 49-50."}],"citedArticles":[{"treaty":"CMW","article":"25","source":"regex"},{"treaty":"CMW","article":"25","source":"regex"},{"treaty":"CMW","article":"83","source":"regex"}]},{"id":"cmw-c-gc-2-0065","docId":"cmw-c-gc-2","idx":65,"n":65,"text":"65. The right to organize and to engage in collective bargaining is essential for migrant workers to express their needs and defend their rights, in particular through trade unions.[[fn:26]] Article 26 of the Convention sets out the right of all migrant workers to join trade unions and other associations protecting their interests. Article 26 does not provide for protection of the right to form trade unions. This provision, however, read together with other international human rights instruments, may create broader obligations for States parties to both instruments. For example, article 2 of ILO Convention No. 87 (1948) concerning Freedom of Association and Protection of the Rights to Organise, and article 22, paragraph 1, of the International Covenant on Civil and Political Rights, both apply to migrant workers in an irregular situation. Article 26 also protects their right to participate in meetings and activities, and to seek the assistance, of trade unions and any other associations established in accordance with law. States parties shall ensure these rights, including the right to collective bargaining, encourage self-organization among migrant workers, irrespective of their migration status, and provide them with information about relevant associations that can provide assistance.[[fn:27]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":26,"text":"Ibid, para. 45."},{"n":27,"text":"Ibid, paras. 46-47."}],"citedArticles":[{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"22","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"cmw-c-gc-2-0066","docId":"cmw-c-gc-2","idx":66,"n":66,"text":"66. With regard to article 26, paragraph 2, the Committee notes that similar limitations can be found in article 8, paragraph 1(a), of the International Covenant on Economic, Social and Cultural Rights and in article 22, paragraph 2, of the International Covenant on Civil and Political Rights. It refers to the jurisprudence of the relevant treaty bodies for the purposes of interpreting what constitute permissible restrictions under article 26, paragraph 2, of the Convention.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"article":"26","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text states 'article 26, paragraph 2' referring to CMW art. 26 (right to organize and collective bargaining). Home treaty CMW, explicitly named."},{"article":"8","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 8, paragraph 1(a), of the International Covenant on Economic, Social and Cultural Rights' — ICESCR art. 8 (trade union rights). Regex defaulted to CMW."},{"article":"22","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 22, paragraph 2, of the International Covenant on Civil and Political Rights' — ICCPR art. 22 (freedom of association). Regex defaulted to CMW."},{"article":"26","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'article 26, paragraph 2, of the Convention' — CMW art. 26(2) (permissible restrictions)."}]},{"id":"cmw-c-gc-2-0067","docId":"cmw-c-gc-2","idx":67,"n":67,"text":"67. With respect to social security, article 27, paragraph 1, of the Convention provides that all migrant workers and members of their families shall have the right to the same treatment granted to nationals of the State of employment, insofar as they fulfil the requirements provided for by the applicable legislation of that State and the applicable bilateral and multilateral treaties. When a State party enacts legislation providing for the payment of a social benefit, whether conditional or not on the prior payment of contributions, and if the migrant worker concerned fulfils the requirements provided for in such legislation, it cannot arbitrarily exclude him or her from that benefit or limit his or her access to such benefit, as the prohibition of discrimination applies to the right to social security. Accordingly, any distinction based on nationality or migration status must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances, and be proportionate to the legitimate aim pursued.[[fn:28]] While States parties enjoy a certain margin of discretion in assessing whether and to what extent differences in otherwise similar situations justify different treatment, they must explain how such different treatment, based exclusively on nationality or migration status, is compatible with articles 7 and 27.[[fn:29]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":28,"text":"See note 19 above, Koua Poirrez v. France, Application No. 40892/98 (30 December 2003), para. 39."},{"n":29,"text":"Ibid., Gaygusuz v. Austria, Application No. 17371/90 (16 September 1996), para. 42."}],"citedArticles":[{"treaty":"CMW","article":"27","source":"regex"},{"treaty":"CMW","article":"7","source":"regex"},{"treaty":"CMW","article":"27","source":"regex"}]},{"id":"cmw-c-gc-2-0068","docId":"cmw-c-gc-2","idx":68,"n":68,"text":"68. Article 27, paragraph 1, provides that migrant workers’ right to social security is subject to the applicable bilateral and multilateral treaties and that the competent authorities of the State of origin and the State of employment can at any time establish the necessary arrangements to determine the modalities of the application of this benefit. As recommended in the ILO Multilateral Framework on Labour Migration, States parties should consider entering into bilateral, regional or multilateral agreements to provide social security coverage and benefits, as well as portability of social security entitlements, to migrant workers, including, as appropriate, to those in an irregular situation.[[fn:30]] However, article 27, paragraph 1, cannot be interpreted as depriving migrant workers of benefits to which they would otherwise be entitled under the applicable legislation of the State of employment, merely because that State has not signed a reciprocity agreement with their State of origin.[[fn:31]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":30,"text":"ILO, “ILO Multilateral Framework on Labour Migration, Non-binding principles and guidelines for a rights-based approach to labour migration”, (Geneva, 2006), guideline 9.9."},{"n":31,"text":"See note 19 above, Koua Poirrez v. France, para. 39."}],"citedArticles":[{"treaty":"CMW","article":"27","source":"regex"},{"treaty":"CMW","article":"27","source":"regex"}]},{"id":"cmw-c-gc-2-0069","docId":"cmw-c-gc-2","idx":69,"n":69,"text":"69. Article 27, paragraph 2, states that where the applicable legislation does not allow migrant workers and members of their families a benefit, the State party concerned shall examine the possibility of reimbursing them the amount of contributions made by them with respect to that benefit on the basis of equality of treatment with nationals. In this respect, States parties shall provide objective reasons in each case in which the reimbursement of the said contributions is deemed impossible. A decision not to reimburse contributions made by a migrant worker or family member must not discriminate on the basis of his or her nationality or migration status. Furthermore, the Committee considers that a migrant worker’s entitlement to social security benefits should not be affected by a change in workplace.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"27","source":"regex"}]},{"id":"cmw-c-gc-2-0070","docId":"cmw-c-gc-2","idx":70,"n":70,"text":"70. The reference to “contributions” in article 27, paragraph 2, does not imply that “social security,” under article 27, paragraph 1, refers only to contributory social security schemes. Such a narrow reading would be contrary to article 9 of the International Covenant on Economic, Social and Cultural Rights, which recognizes “social security” as “including social insurance.” Recalling that article 9 of the Covenant applies to all migrant workers, regardless of their legal status and documentation, the Committee considers that “social security” in article 27 of the Convention also covers existing non-contributory social benefits, and that migrant workers in an irregular situation shall have access to such benefits on a non-discriminatory basis, to the extent that the applicable legislation of the State party concerned provides for such an entitlement.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"ICESCR","article":"27","source":"regex"},{"treaty":"ICESCR","article":"27","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"},{"treaty":"ICESCR","article":"27","source":"regex"}]},{"id":"cmw-c-gc-2-0071","docId":"cmw-c-gc-2","idx":71,"n":71,"text":"71. The Committee considers that in cases of extreme poverty and vulnerability, States parties should provide emergency social assistance to migrant workers in an irregular situation and members of their families, including emergency services for persons with disabilities, for as long as they might require it. It recalls that even if many migrant workers in an irregular situation do not participate in contributory schemes, they contribute to financing social protection schemes and programmes by paying indirect taxes.[[fn:32]]","labels":["Migrants","Persons living in poverty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":32,"text":"See report of the United Nations High Commissioner for Human Rights to the Economic and Social Council (E/2010/89), para. 46."}]},{"id":"cmw-c-gc-2-0072","docId":"cmw-c-gc-2","idx":72,"n":72,"text":"72. Article 28 of the Convention provides for migrant workers and members of their families to have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals. Article 28, however, read together with other international human rights instruments, may create broader obligations for States parties to both instruments. Article 12 of the International Covenant on Economic, Social and Cultural Rights provides for the right to the highest attainable standard of health for all persons. States parties are therefore obliged to ensure that all persons, irrespective of their migration status, have effective access to at least a minimum level of health care on a non-discriminatory basis. The Committee on Economic, Social and Cultural Rights considers this to encompass primary health care, as well as preventive, curative and palliative health services. The Committee on the Rights of the Child holds that every migrant child is entitled to the same health care as nationals under article 24 of the Convention on the Rights of the Child. To that effect, States parties shall ensure, inter alia, that all migrant workers and members of their families have access to essential medicines and that migrant children are provided with immunization against the major infectious diseases. They shall ensure that migrant women have access to appropriate prenatal and postnatal health care, safe reproductive health services, and to emergency obstetric care.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"article":"28","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"First occurrence: 'Article 28 of the Convention provides for migrant workers … to have the right to receive any medical care…' — CMW art. 28. Home treaty."},{"article":"28","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'Article 28, however, read together with other international human rights instruments…' — still CMW art. 28."},{"article":"12","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Article 12 of the International Covenant on Economic, Social and Cultural Rights provides for the right to the highest attainable standard of health' — ICESCR art. 12. Regex defaulted to CMW."},{"article":"24","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'under article 24 of the Convention on the Rights of the Child' — CRC art. 24 (right to health). Regex defaulted to CMW."}]},{"id":"cmw-c-gc-2-0073","docId":"cmw-c-gc-2","idx":73,"n":73,"text":"73. The Committee considers that access to urgent medical care must be ensured to all migrant workers on the basis of equality of treatment with nationals and thus on a non-discriminatory basis. Although medical care need not necessarily be free of charge, equality of treatment requires that the same rules for payment of fees or exemption from payment apply to migrant workers and members of their families as to nationals. States parties should prohibit the charging of excessive fees from migrant workers in an irregular situation or requiring immediate payment or proof of payment before the service is delivered. Urgent medical care should never be withheld due to the inability to pay. States parties should also ensure that migrant workers and members of their families are provided with information on the medical care provided and information about their health rights. States parties should also ensure that doctors and health professionals are provided with culturally sensitive training regarding health care for migrant workers and members of their families.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0074","docId":"cmw-c-gc-2","idx":74,"n":74,"text":"74. Article 28 prohibits the refusal of such medical care to migrant workers because of an irregularity with regard to their stay and employment. States parties should not use health care as an instrument of immigration control, which would effectively prevent migrant workers in an irregular situation from contacting public health care providers out of fear of deportation. Toward this end, States parties shall not require public health institutions to report or otherwise share data on the migration status of a patient to immigration authorities, and health care providers should also not be required to do so.[[fn:33]] Moreover, States parties shall not conduct immigration enforcement operations on or near facilities providing medical care, as this would limit migrant workers and members of their families from accessing such care.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":33,"text":"See note 12 above, para. 43."}],"citedArticles":[{"treaty":"CMW","article":"28","source":"regex"}]},{"id":"cmw-c-gc-2-0075","docId":"cmw-c-gc-2","idx":75,"n":75,"text":"75. Article 30 of the Convention protects the “basic right of access to education” of all children of migrant workers “on the basis of equality of treatment with nationals of the State concerned.” Article 30 also provides that access to public preschool educational institutions or schools shall be without prejudice to the migration status of the child concerned or parents of the child. The Committee, in accordance with article 13 of the International Covenant on Economic, Social and Cultural Rights, is of the view that States parties must provide free and compulsory primary education for all, including children of migrant workers, regardless of their migration status. As such, States parties have an obligation to eliminate all direct costs of schooling, such as school fees, as well as alleviate the adverse impact of indirect costs, such as expenses for school materials and uniforms. Access to secondary education by children of migrant workers must be ensured on the basis of equality of treatment with nationals. Accordingly, whenever children who are nationals have access to free secondary education, States parties must ensure equal access by children of migrant workers, irrespective of their migration status. Similarly, when States parties provide different forms of secondary education, including vocational education, they should also make them accessible to children of migrant workers. The same principle applies to free preschool education or to scholarship schemes. Therefore, whenever children who are nationals have access to free preschool education or scholarships, States parties must ensure equal access by children of migrant workers, irrespective of their migration status.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"citedArticles":[{"treaty":"ICESCR","article":"30","source":"regex"},{"treaty":"ICESCR","article":"30","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"cmw-c-gc-2-0076","docId":"cmw-c-gc-2","idx":76,"n":76,"text":"76. The Committee notes that migrant children may suffer from multiple forms of discrimination due to race, ethnicity, gender, and disability, for example. The principle of equality of treatment requires States parties to eliminate any discrimination against migrant children in their educational systems. States parties must therefore avoid segregated schooling and the application of different standards of treatment to children of migrant workers as well as eliminate any forms of discrimination against children of migrant workers in classrooms. States parties also need to ensure that effective programmes, policies and mechanisms are in place to prevent discrimination against these children.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013},{"id":"cmw-c-gc-2-0077","docId":"cmw-c-gc-2","idx":77,"n":77,"text":"77. To ensure access to education, the Committee is also of the view that States parties shall not require schools to report or share data on the regular or irregular status of pupils or their parents to immigration authorities or conduct immigration enforcement operations on or near school premises, as this would limit access to education by children of migrant workers. States parties should also clearly inform school administrators, teachers and parents that they are not required to do so either and provide them with training on the educational rights of children of migrant workers.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013},{"id":"cmw-c-gc-2-0078","docId":"cmw-c-gc-2","idx":78,"n":78,"text":"78. While noting that the obligation of the State of employment to endeavour to facilitate the teaching of the mother tongue and culture is explicitly accorded to the children of migrant workers in a regular situation pursuant to article 45, paragraph 3, of the Convention, the Committee emphasizes that the right to respect for one’s cultural identity (art. 31) belongs to all migrant workers and members of their families, including children. Considering these two provisions together, along with article 29, paragraph 1 (c), of the Convention on the Rights of the Child, which applies to all children, the Committee is of the view that States parties should also ensure access for children of migrant workers in an irregular situation to mother-tongue instruction if already available to children of migrant workers who are documented as having the same mother tongue.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"citedArticles":[{"treaty":"CRC","article":"45","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"cmw-c-gc-2-0079","docId":"cmw-c-gc-2","idx":79,"n":79,"text":"79. Legal identity is often a prerequisite for access to a number of fundamental rights. Children of migrants in an irregular situation, particularly those born in a host State that does not recognize their existence, are vulnerable throughout their lives. States parties are obliged to ensure that children of migrant workers are registered soon after birth, irrespective of the migration status of their parents, and provided with birth certificates and other identity documents (art. 29). States parties shall not require migrant workers to present a residence permit in order to register a child, as this would effectively deprive migrant children in an irregular situation of their right to birth registration, which can also deny them access to education, health services, employment and other rights. Non-compliance by migrant workers with the obligation to register their children following birth should never justify their exclusion from education.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"citedArticles":[{"treaty":"CMW","article":"29","source":"regex"}]},{"id":"cmw-c-gc-5-0001","docId":"cmw-c-gc-5","idx":1,"n":1,"text":"The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families is deeply concerned about the trend towards the criminalization of migration. The trend is visible in the increasingly frequent use of detention of migrants across several regions of the world.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0002","docId":"cmw-c-gc-5","idx":2,"n":2,"text":"The Committee has consistently made recommendations in its concluding observations to States parties on issues affecting the rights of migrant workers and members of their families who are deprived of their liberty. The present general comment is the result of the Committee’s growing concern for the rights of migrant workers and members of their families who are deprived of their liberty.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0003","docId":"cmw-c-gc-5","idx":3,"n":3,"text":"In the context of international migration, immigration control measures implemented by some States, such as automatic and mandatory detention, punishment during detention, the detention of children with their families and on their own, including with unrelated adults, the detention of pregnant women, victims of trafficking, asylum-seekers, refugees, stateless persons and other migrants in vulnerable situations, the separation of families in the context of detention and prolonged or indefinite detention, the barriers to access to legal remedies and international protection and inhuman and overcrowded conditions in detention centres may amount to violations of the rights of migrant workers and members of their families.","labels":["Refugees & asylum-seekers","Migrants","Children","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0004","docId":"cmw-c-gc-5","idx":4,"n":4,"text":"States parties to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families have an obligation not to criminalize migration. The criminalization of migration has involved the manipulation of criminal law to punish migrants or seek to prevent irregular migration in a manner that is overwhelmingly disproportionate to, and inconsistent with, States’ obligations under the Convention and is often based on political strategies seeking to deter irregular migration, rather than a commitment to upholding the rights of migrants.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0005","docId":"cmw-c-gc-5","idx":5,"n":5,"text":"Since the 1990s, there has been a significant increase in the use of immigration detention. In many cases, it has become a mechanism for the mass arbitrary imprisonment of migrant workers and members of their families. In recent years, the Committee has witnessed with concern the increasing involvement and influence of private prison corporations in immigration enforcement, alongside the expansion of the immigration detention system. Immigration detention has become an industry, with private prison contractors – and in some cases States – reporting sizeable annual profits from detaining migrants and asylum-seekers, including those awaiting a decision on their applications and migrants in the process of being deported. The Committee notes with extreme concern that immigration detention disproportionately affects poor migrants and people of colour, who at the same time have the greatest difficulties in mounting their legal defence or obtaining legal assistance in immigration, asylum and international protection procedures.","labels":["Refugees & asylum-seekers","Migrants","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0006","docId":"cmw-c-gc-5","idx":6,"n":6,"text":"6. Detention has numerous effects on the health and personal integrity of migrants. Detention aggravates existing health conditions and causes new ones to arise, including anxiety, depression, post-traumatic stress disorder, suicidal ideation and in some cases suicide, worsening migrants’ vulnerability and exclusion. Those negative effects are the result of various factors, including the indeterminate duration of detention, the arbitrariness and uncertainty surrounding it, family separation, overcrowding, lack of access to food, safe water and medical care, prolonged detention in solitary confinement, lack of access to nationality or of enjoyment of nationality rights and deliberate physical and psychological abuse by State officials, private guards or other detainees. Such abuse may consist of torture or other cruel, inhuman and degrading treatment and punishment, sexual violence, disappearance, extortion and trafficking for the purpose of exploitation, which includes exploitation of prostitution and other forms of sexual exploitation, forced labour and services, slavery, practices similar to slavery, servitude and the removal of organs.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0007","docId":"cmw-c-gc-5","idx":7,"n":7,"text":"7. Those factors have been aggravated in the context of the coronavirus disease (COVID-19) pandemic, which has posed unprecedented challenges for States, migrant workers and members of their families. The Committee is concerned that, in the context of immigration detention, many of the detention facilities where migrants, asylum-seekers, refugees and stateless persons are detained do not meet minimum sanitary requirements and have limited or no access to health services. The Committee notes with concern that there is a high risk that diseases such as COVID-19 are spreading among detainees. The situation has raised questions about the need to release people deprived of liberty on the basis of their migration status and to implement alternative measures to reduce the risk of spreading COVID-19 and other diseases.[[fn:1]]","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":1,"text":"Committee and the Special Rapporteur on the human rights of migrants, “Guidance note on the impact of the COVID-19 pandemic on the human rights of migrants”, 26 May 2020."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0008","docId":"cmw-c-gc-5","idx":8,"n":8,"text":"8. The main objective of the present general comment is to provide guidance to States on fulfilling their obligations under the Convention in relation to the rights of migrant workers and members of their families to liberty and protection against arbitrary detention and other human rights obligations arising from the intersection of those rights with other human rights. The Committee also seeks to provide guidance to States on implementing the Global Compact for Safe, Orderly and Regular Migration and to other stakeholders on implementing initiatives to promote and protect human rights and to monitor compliance with human rights obligations.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0009","docId":"cmw-c-gc-5","idx":9,"n":9,"text":"9. The right to liberty applies to all forms of detention and must be guaranteed to all persons, without discrimination, including all migrant workers, regardless of their migration status. Article 16 of the Convention provides for the protection of the right to liberty and security of person of all migrant workers and members of their families, while establishing other related rights and guarantees, including the right to effective protection by the State against violence committed by public officials or private individuals, groups or institutions, the assurance of lawfulness and non-arbitrariness of identity verification procedures, the prohibition of arbitrary and unlawful arrest and detention and the guarantee of a number of specific procedural safeguards in the event of administrative or criminal detention, including the rights to consular assistance, to access to judicial remedies to challenge the legality of detention and to compensation in the event of unlawful arrest or detention.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","A. Right to liberty and security of person in the Convention"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-5-0010","docId":"cmw-c-gc-5","idx":10,"n":10,"text":"10. Article 17 of the Convention recognizes the right of all migrant workers and members of their families who have been deprived of their liberty to be treated with humanity and with respect for the inherent dignity of the human person and for their cultural identity. States parties should therefore guarantee adequate conditions in detention centres, taking into consideration the individual circumstances and necessities of each detainee and ensuring that conditions of detention adhere to all relevant international standards and do not amount to torture or ill-treatment. In addition to those rights, other interrelated rights include the prohibition of torture and cruel, inhuman or degrading treatment or punishment (article 10), due process guarantees (article 18), the principles of legality and humanitarian considerations related to the status of the individual (article 19) and the prohibition of imprisonment merely on the grounds of failure to fulfil a contractual obligation (article 20).","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","A. Right to liberty and security of person in the Convention"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"},{"treaty":"CMW","article":"10","source":"regex"},{"treaty":"CMW","article":"18","source":"regex"},{"treaty":"CMW","article":"19","source":"regex"},{"treaty":"CMW","article":"20","source":"regex"}]},{"id":"cmw-c-gc-5-0011","docId":"cmw-c-gc-5","idx":11,"n":11,"text":"11. The right to liberty and security of person is recognized in the main international and regional human rights instruments, including article 3 of the Universal Declaration of Human Rights, article 9 of the International Covenant on Civil and Political Rights, article 37 (b)–(d) of the Convention on the Rights of the Child, article 14 of the Convention on the Rights of Persons with Disabilities, article 6 of the African Charter on Human and Peoples’ Rights, article 7 of the American Convention on Human Rights, article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, article 14 of the Arab Charter on Human Rights and article 12 of the Association of Southeast Asian Nations Human Rights Declaration.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","B. Other international and regional legal instruments"],"citedArticles":[{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 3 to the Universal Declaration of Human Rights, a non-binding instrument."},{"article":"9","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 9 of the International Covenant on Civil and Political Rights'."},{"article":"37","paragraph":"b","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 37 (b)–(d) of the Convention on the Rights of the Child'."},{"article":"14","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 14 of the Convention on the Rights of Persons with Disabilities'."},{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 6 to the African Charter on Human and Peoples' Rights — regional instrument outside coded list."},{"article":"7","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 7 to the American Convention on Human Rights — regional instrument outside coded list."},{"article":"5","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 5 to the European Convention on Human Rights — regional instrument outside coded list."},{"article":"14","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 14 to the Arab Charter on Human Rights — regional instrument outside coded list."},{"article":"12","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 12 to the ASEAN Human Rights Declaration — non-binding regional instrument outside coded list."}]},{"id":"cmw-c-gc-5-0012","docId":"cmw-c-gc-5","idx":12,"n":12,"text":"12. Migrant workers and members of their families face various challenges to their right to liberty and security of person, one of which is the deprivation of liberty as a result of having violated immigration laws in the State of transit or destination or for purposes such as screening, identification, registration, reception, immigration procedures, implementation of a return decision or the protection and alternative care of children. States have adopted different terminology for regulating immigration detention in both administrative and criminal law. The Committee notes with concern that countries use such terms to refer to deprivation of liberty for immigration reasons or immigration detention as “filing and accommodation”, “processing”, “reception”, “retention” and “placement”. The term “detention” is rarely used, and its renaming is usually intended to prevent those measures from receiving scrutiny, thereby avoiding procedural safeguards that should be applied before and during any deprivation of liberty.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","C. Definition of deprivation of liberty"]},{"id":"cmw-c-gc-5-0013","docId":"cmw-c-gc-5","idx":13,"n":13,"text":"13. The Committee therefore considers it necessary to clarify the concept of deprivation of liberty. Article 4 (2) of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines deprivation of liberty as any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority. Such deprivation of liberty begins at the time of arrest and extends until the person is released. Irrespective of how that measure is defined in the national policy, law or practice, or the reasons giving rise to it, if the measure results in a deprivation of liberty in which migrants or members of their families are unable to leave the place of detention at will, the Committee understands the measure to be a form of detention to which articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families apply.","labels":["Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","C. Definition of deprivation of liberty"],"citedArticles":[{"article":"4","paragraph":"2","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'Article 4 (2) of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines deprivation of liberty' — unambiguously OPCAT art. 4(2)."},{"article":"16","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families apply' — CMW art. 16 (right to liberty)."},{"article":"17","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families apply' — CMW art. 17 (detention conditions)."}]},{"id":"cmw-c-gc-5-0014","docId":"cmw-c-gc-5","idx":14,"n":14,"text":"14. In addition, the Committee considers that detention for “reasons related to migration status” or “immigration detention” refers to any situation in which a person is deprived of liberty on grounds related to that person’s migration status, regardless of the name or reason given for carrying out the deprivation of liberty, or the name of the facility or place where the person is being held while deprived of liberty. Accordingly, immigration detention includes the detention of migrants in prisons, police stations, immigration detention centres, closed reception facilities, health-care facilities and any other enclosed spaces, such as international or transit areas at air, land and maritime ports. “Reasons related to migration status” is understood by the Committee to be a person’s migratory or residence status, or lack thereof, relating to irregular entry, stay or exit.[[fn:2]]","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":2,"text":"Joint general comment No. 4 of the Committee/No. 23 of the Committee on the Rights of the Child (2017) on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, para. 6."}],"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","C. Definition of deprivation of liberty"]},{"id":"cmw-c-gc-5-0015","docId":"cmw-c-gc-5","idx":15,"n":15,"text":"15. The grounds for deprivation of liberty of migrant workers and members of their families are diverse, and the type of deprivation of liberty imposed will depend thereon, including criminal detention in prisons, immigration detention, involuntary institutionalization and confinement in restricted areas of air, land and maritime ports. The present general comment, however, is focused solely on the relevant reasons for deprivation of liberty related to an immigration situation and whether or not detention is a result of the migrant’s irregular entry or stay in the State of destination, transit or return.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","D. Types of deprivation of liberty to which migrant workers and members of their families might be exposed"]},{"id":"cmw-c-gc-5-0016","docId":"cmw-c-gc-5","idx":16,"n":16,"text":"16. The prohibition of arbitrary detention is absolute; it is a non-derogable rule of customary international law, or a jus cogens norm. The prohibition of arbitrary deprivation of liberty also protects migrants, in accordance with article 16 (4) of the Convention. Any use of detention in the context of migration must therefore be based on a legitimate State objective, provided for in national law, employed always as an exceptional measure of last resort compatible with the criteria of necessity and proportionality, limited in scope and duration, imposed only where less restrictive alternatives have been considered and found inadequate to meet legitimate purposes, and subject to periodic re-evaluation and judicial review. In addition, the conditions of detention must be proportionate to the legitimate aim sought and must always meet minimum international standards. The arbitrariness test is illustrated in the figure below.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention"],"citedArticles":[{"treaty":"CMW","article":"16","paragraph":"4","source":"regex"}]},{"id":"cmw-c-gc-5-0017","docId":"cmw-c-gc-5","idx":17,"n":17,"text":"17. The Committee considers immigration detention to be an undesirable measure. There should always be a presumption in law against detention and therefore in favour of freedom. Deprivation of liberty in the immigration context therefore should be an exceptional measure of last resort. The relevant authorities must carry out a context-specific and individualized assessment of the situation, in which relevant factors must be considered on a case-by-case basis, not on the basis of a mandatory rule for a broad category, and ensure that the period of detention is as short as possible. Any compulsory, automatic, systematic or widespread detention of migrant workers and members of their families is arbitrary. In addition, the Committee considers that the prohibition of arbitrary detention also extends to the use of detention as a deterrent or as a general migration management tool to contain immigration.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","1. Detention as an exceptional measure of last resort"]},{"id":"cmw-c-gc-5-0018","docId":"cmw-c-gc-5","idx":18,"n":18,"text":"18. In a context such as the COVID-19 pandemic, the Committee urges States to review the cases of migrants in immigration detention with a view to releasing them. In cases where legitimate immigration policy goals, such as deportation or removal, remain viable despite COVID-19 mitigation-related border closures and other emergency measures, States should expand the use of alternatives to detention so that the detainee population is reduced to the lowest possible level to prevent the spread of the virus in detention facilities. However, if emergency measures nullify the objective of an individual’s detention order, States must promptly release the person into the community, providing any necessary care and assistance to ensure their well-being outside detention.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","1. Detention as an exceptional measure of last resort"]},{"id":"cmw-c-gc-5-0019","docId":"cmw-c-gc-5","idx":19,"n":19,"text":"19. The principle of non-arbitrariness of detention is a rule of jus cogens. The Convention prohibits arbitrary detention, understanding arbitrary detention to be any deprivation of liberty that exceeds the limits of reasonableness. It is not sufficient for the detention to pursue a legitimate purpose and be permitted by law, rather, it must meet the criteria of necessity and proportionality, be based on an individualized assessment and be periodically reassessed to ensure that it continues to meet those criteria.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness"]},{"id":"cmw-c-gc-5-0020","docId":"cmw-c-gc-5","idx":20,"n":20,"text":"20. Any deprivation of liberty in a migration context must be based on a legitimate objective of the State. Although the Convention does not list the legitimate purposes that make immigration detention permissible, immigration detention can be justified only if there is a risk that the migrant will evade immigration proceedings or to guarantee the implementation of a deportation order. The threat posed in those two scenarios must be substantiated by proven facts and be based on an individualized assessment.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(a) Legitimate objective"]},{"id":"cmw-c-gc-5-0021","docId":"cmw-c-gc-5","idx":21,"n":21,"text":"21. The Committee has noted previously[[fn:3]] that the mere fact of entering or remaining in an irregular situation in a State is not sufficient reason to mandate the immigration detention of migrant workers and members of their families, because that exceeds the legitimate purpose or interest of States to control and regulate migration. The Committee agrees with the view of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, that detention based solely on migration status, as such, can even amount to torture, in particular where it is intentionally imposed or perpetuated for such purposes as deterring, intimidating or punishing migrants in irregular situations, coercing them into withdrawing their requests for asylum, subsidiary protection or other stay, agreeing to voluntary repatriation or providing information or fingerprints, or with a view to extorting money or sexual acts or for reasons based on discrimination of any kind, including discrimination based on migration status.[[fn:4]]","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":3,"text":"Joint general comments No. 3 and No. 4 of the Committee/No. 22 and No. 23 of the Committee on the Rights of the Child (2017) on the human rights of children in the context of international migration."},{"n":4,"text":"A/HRC/37/50, para. 28."}],"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(a) Legitimate objective"]},{"id":"cmw-c-gc-5-0022","docId":"cmw-c-gc-5","idx":22,"n":22,"text":"22. It is an obligation recognized by States that their acts must comply with national legal rules. Immigration detention can be legal only when it is previously authorized, and clearly and exhaustively provided for, by law and is in line with the procedures established by law. It is prohibited for the law to leave ample discretion to the authorities in the decision and enforcement of immigration detention.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(b) Legality"]},{"id":"cmw-c-gc-5-0023","docId":"cmw-c-gc-5","idx":23,"n":23,"text":"23. To guarantee the right to liberty, States should establish in their laws a presumption in favour of freedom, which is consistent with the right to liberty, the principle that immigration detention should be an exceptional measure of last resort and the duty of States to assess whether any less coercive measures are available before resorting to detention in immigration procedures involving migrant workers and members of their families.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(b) Legality"]},{"id":"cmw-c-gc-5-0024","docId":"cmw-c-gc-5","idx":24,"n":24,"text":"24. In application of the principle of necessity, immigration detention can be used only where it is strictly essential to achieve the established legitimate end. Before imposing deprivation of liberty on migrant workers and members of their families, the decision-making authority must start from the fact that deprivation of liberty will always be the most harmful measure for the person concerned. Therefore, it must evaluate and apply all available alternatives to detention, such as non-custodial measures or less coercive measures, that are less harmful to the individual.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(c) Necessity"]},{"id":"cmw-c-gc-5-0025","docId":"cmw-c-gc-5","idx":25,"n":25,"text":"25. The proportionality test should take into consideration the potential effects of detention on the physical and mental health of the migrant. The State has a heightened duty of care to provide effective protection to migrants in vulnerable situations.[[fn:5]] If deprivation of liberty meets the requirements of having a legitimate objective, legality, necessity and proportionality, it is the duty of the authorities to carry out an assessment by contrasting the gravity of the measure implemented with the importance of satisfying the established legitimate purpose.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":5,"text":"See also Working Group on Arbitrary Detention, revised deliberation No. 5 (A/HRC/39/45, annex), para. 24."}],"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(d) Proportionality"]},{"id":"cmw-c-gc-5-0026","docId":"cmw-c-gc-5","idx":26,"n":26,"text":"26. States parties have an obligation to respect and guarantee the rights enshrined in the Convention to all migrant workers and members of their families within their territory or subject to their jurisdiction, pursuant to article 7. With regard to the right to liberty, the responsibility of States parties encompasses not only human rights violations against migrants in places of detention under their jurisdiction and within their territory, but extends to places of detention outside their territory, if the State has effective de jure or de facto control over that territory.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","A. Jurisdiction"],"citedArticles":[{"treaty":"CMW","article":"7","source":"regex"}]},{"id":"cmw-c-gc-5-0027","docId":"cmw-c-gc-5","idx":27,"n":27,"text":"27. That implies that, through the design, financing, administration or supply of places of detention abroad, State authorities can participate in acts that violate human rights. Similarly, if a State party decides to move migrant workers to detention centres outside its territory, the State is obliged to ensure that the rights recognized in the Convention and other international and regional human rights instruments are respected and guaranteed in those centres.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","A. Jurisdiction"]},{"id":"cmw-c-gc-5-0028","docId":"cmw-c-gc-5","idx":28,"n":28,"text":"28. If migrant workers seek asylum in a State and are then transferred to places of detention outside the State’s territory, the Committee considers that their cases should generally be processed in the territory of the State where they arrived, or the State that otherwise has jurisdiction over them. Nevertheless, if States reach agreements to transfer asylum-seekers for the processing of their cases, they should take into account when signing such agreements that States cannot dismiss their obligations under international human rights law, international refugee law and international criminal law.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","A. Jurisdiction"]},{"id":"cmw-c-gc-5-0029","docId":"cmw-c-gc-5","idx":29,"n":29,"text":"29. The Committee notes that some States resort to private personnel or private security companies to guard migrant workers and members of their families who are deprived of their liberty. The Committee recalls that States have an increased duty of care for persons deprived of their liberty and should act with due diligence to avoid violations of the personal integrity of such persons. It agrees with the views of the Working Group on Arbitrary Detention and the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, that, if a State subcontracts the management, safety or security of immigration detention centres to private enterprises, it remains responsible for the manner and conditions in which the subcontractors hold individuals in detention. Because the State has an obligation to care for detainees, it has an obligation to actively prevent acts of torture and ill-treatment by its agents and to act with due diligence to prevent abuse by private agents in particular.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","B. Personnel carrying out detentions"]},{"id":"cmw-c-gc-5-0030","docId":"cmw-c-gc-5","idx":30,"n":30,"text":"30. In principle, security personnel in detention facilities must be from the public sector. However, States parties may use private security services provided that a correct monitoring scheme is put in place and that the private security service personnel receive adequate training on human rights norms and standards for the treatment of detainees, in accordance with international instruments on persons deprived of liberty. States must take appropriate steps to prevent, investigate, punish and redress human rights violations committed by all personnel. Specific mechanisms should be established to ensure their accountability and guarantee that migrants who are victims of human rights violations have access to judicial remedy. In addition, the actions of private security personnel must be governed in a coordinated manner with public personnel in detention centres.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","B. Personnel carrying out detentions"]},{"id":"cmw-c-gc-5-0031","docId":"cmw-c-gc-5","idx":31,"n":31,"text":"31. Article 84 of the Convention establishes the obligation of States parties to adopt the legislative and other measures necessary to implement the provisions of the Convention. For the standards and guidelines set out in the present general comment to be effectively implemented, it is necessary for States to develop and strengthen their human rights capacity. That includes allocating sufficient resources for the implementation of alternatives to detention, such as non-custodial measures or less coercive measures, ensuring that, in exceptional cases where deprivation of liberty is permitted, detention centres have the equipment and conditions and supervising security personnel, whether public or private, necessary to carry out such a measure and provide adequate training on international human rights law and the specific rights of groups in vulnerable situations, including training in the identification of victims of trafficking, stateless persons, unaccompanied children, older persons and pregnant women, for all officials who have contact with migrants.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","C. Legal obligation of States parties to take measures to implement the provisions of the Convention"],"citedArticles":[{"treaty":"CMW","article":"84","source":"regex"}]},{"id":"cmw-c-gc-5-0032","docId":"cmw-c-gc-5","idx":32,"n":32,"text":"32. The principle of non-discrimination is fundamental in international human rights instruments, being regarded as a jus cogens norm. Article 7 of the Convention underpins all of its provisions, establishing a duty for States parties to respect and ensure the rights provided for in the Convention to all migrant workers and members of their families within their territory or subject to their jurisdiction, without discrimination.","labels":["Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","A. Principle of non-discrimination"],"citedArticles":[{"treaty":"CMW","article":"7","source":"regex"}]},{"id":"cmw-c-gc-5-0033","docId":"cmw-c-gc-5","idx":33,"n":33,"text":"33. States are not only obliged to ensure that their legal provisions and practices are not discriminatory against migrant workers and members of their families, but must also put in place the positive measures necessary to prevent, reduce and eliminate the conditions and attitudes that perpetuate or cause de facto or de jure discrimination against migrant workers and members of their families.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","A. Principle of non-discrimination"]},{"id":"cmw-c-gc-5-0034","docId":"cmw-c-gc-5","idx":34,"n":34,"text":"34. The Committee recognizes that States enjoy the sovereign power to establish their immigration policies and laws. In doing so, they must nonetheless ensure full respect for their international human rights obligations, in particular respect for the human dignity of migrant workers and members of their families, and the principle of non-discrimination. The Committee calls upon States to adopt a human rights-based approach to migration and to review their legislation, policies and practices on the detention of migrants, ensuring that national laws are harmonized with international human rights norms that prohibit arbitrary detention and inhuman treatment.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","A. Principle of non-discrimination"]},{"id":"cmw-c-gc-5-0035","docId":"cmw-c-gc-5","idx":35,"n":35,"text":"35. The Committee reiterates that irregular entry, stay or exit may constitute at most administrative offences and should never be considered criminal offences, given that they do not infringe fundamental legally protected values, and as such are not crimes per se against persons, property or national security. Accordingly, migrants should never be classified or treated as criminals on the basis of their irregular migration status.[[fn:6]] The Committee opposes the treatment of migration by States framing it as a threat to local communities and the consequent adoption of national laws, policies or practices designating migrants as “dangerous” or “harmful” persons, or even “criminals”. Such practices only aggravate migrants’ vulnerability and make them more likely to become victims of discrimination, xenophobia, violence, trafficking and other human rights violations. The Committee notes with concern that one of the consequences of the criminalization of migration is the increasing association, both in legal documents and in public opinion, of migrants in an irregular situation with criminals.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":6,"text":"See also Working Group on Arbitrary Detention, revised deliberation No. 5, para. 10."}],"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","B. Principle of non-criminalization of migration"]},{"id":"cmw-c-gc-5-0036","docId":"cmw-c-gc-5","idx":36,"n":36,"text":"36. The most obvious manifestation of such treatment is the regulation of migration within criminal law and the consequent criminalization of irregular entry or stay of migrant workers and members of their families. Migration irregularity is not the result of a decision of the migrant, but of restrictive policies of the State that prevent the exercise of the right to freedom of movement. Criminalizing irregular entry into a country exceeds the legitimate interest of States to control and regulate irregular migration and leads to unnecessary detention. States should refrain from using armed forces or any similar security forces to detain migrants as a means of implementing immigration policy.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","B. Principle of non-criminalization of migration"]},{"id":"cmw-c-gc-5-0037","docId":"cmw-c-gc-5","idx":37,"n":37,"text":"37. Other examples of sanctioning migration include encouraging local populations to inform authorities about the migration status of migrant workers and members of their families and imposing on service providers and other relevant individuals the obligation to provide information and exchange data when migrant workers and members of their families attend schools, health centres or workplaces. Such obligations produce the same negative and often disproportionate effects on the human rights of migrants who are in an irregular situation, as does the direct criminalization of migration. The Committee notes that the indiscriminate use of immigration detention as a mechanism to deter migration or to combat irregular migration is ineffective at achieving those ends. It is economically more onerous than the regular migration pathway and is in violation of multiple rights of migrants.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","B. Principle of non-criminalization of migration"]},{"id":"cmw-c-gc-5-0038","docId":"cmw-c-gc-5","idx":38,"n":38,"text":"38. Immigration policy should be based on a presumption of freedom, and not of detention. Although the right to liberty is not unlimited, the Committee reiterates that, since any deprivation of liberty is highly burdensome and restrictive of the human rights of individuals, detention or any other form of deprivation of liberty on grounds relating to an individual’s migration status must be governed by the principle of exceptionality, that is, deprivation of liberty should serve as the last possible measure only, once all the less harmful alternatives have been considered and ruled out.","labels":["Migrants","Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","C. Principle of exceptionality of immigration detention"]},{"id":"cmw-c-gc-5-0039","docId":"cmw-c-gc-5","idx":39,"n":39,"text":"39. Several international and regional bodies and special procedure mandate holders have argued that the detention of children on grounds related to their migration status, or that of their parents, is not governed by the principle of exceptionality. The Committee reiterates, as established in joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017) on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, that, as a general principle, migrant children, whether accompanied by their families, unaccompanied or separated from their families, should never be detained and should not be deprived of liberty for migration-related reasons. The detention of children is therefore always prohibited under international human rights law, because it is unnecessary and disproportionate. It constitutes a violation of a child’s rights and contravenes the principle of non-discrimination, the best interests of the child, the rights to life, survival, development and participation, as well as every child’s rights to liberty and security of person and family life.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0040","docId":"cmw-c-gc-5","idx":40,"n":40,"text":"40. The Committee takes note of the global study on children deprived of liberty.[[fn:7]] The Independent Expert leading the study indicated that, around the world, at least 330,000 children were deprived of their liberty for migration-related reasons every year, by at least 77 States, while at least 21 States did not resort to such measures or claimed not to do so. Detention puts children at increased risk of developing physical and mental health issues and of becoming victims of abuse. Children in detention, in particular unaccompanied children and children separated from their families, are also at risk of being subjected to other forms of harm, such as sexual and gender-based violence, trafficking, neglect, abuse and exploitation.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":7,"text":"A/74/136."}],"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0041","docId":"cmw-c-gc-5","idx":41,"n":41,"text":"41. The Committee considers that even a short period of detention is a violation of a child’s rights and can constitute cruel, inhuman or degrading treatment. States must therefore seek the eradication of deprivation of liberty of children for reasons related to migration status. Any kind of immigration detention of children should be forbidden by law, and such a prohibition should be fully implemented in practice.[[fn:8]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":8,"text":"Joint general comment No. 4 of the Committee/No. 23 of the Committee on the Rights of the Child (2017), para. 5."}],"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0042","docId":"cmw-c-gc-5","idx":42,"n":42,"text":"42. It is not permissible for children to be deprived of their liberty in detention centres with their parents under the pretext of preserving family unity in detention. States should take measures to ensure the freedom of the family group. The child’s best interests require keeping the family together, unless there is a danger posed to the child by staying with his or her parents or caretakers, and the imperative requirement not to deprive the child of liberty extends to the child’s family and to implementing measures for the care and reception of the child and his or her family.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0043","docId":"cmw-c-gc-5","idx":43,"n":43,"text":"43. States must always ensure that the places intended for the care and protection of such children do not in reality result in material deprivation of liberty, especially those places that are not formally detention centres, but fit the above definition of deprivation of liberty. Unaccompanied migrant children should be surrendered to the care of their family members or adequately trained social workers. Children born within a detention situation should be provided with the nationality of the detaining State.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0044","docId":"cmw-c-gc-5","idx":44,"n":44,"text":"44. In order to ensure that migrant or asylum-seeking children are not placed in immigration detention or in closed alternative care facilities for children, child protection and welfare actors should take primary responsibility for children in the context of international migration. When a migrant child is first detected by immigration authorities, child protection or welfare officials should immediately be informed and be responsible for screening the child for protection, shelter and other needs.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0045","docId":"cmw-c-gc-5","idx":45,"n":45,"text":"45. In the case of migrant workers and members of their families who are in vulnerable situations, States’ duty of due diligence to effectively protect is greater than in other cases; they should, in particular, take reasonable measures to prevent the deprivation of liberty of those persons.[[fn:9]] States should avoid detaining migrants who have specific needs or who are particularly at risk of exploitation, abuse, gender-based violence, including sexual violence, or other human rights violations in the context of detention. That includes pregnant and breastfeeding women, older persons, persons with disabilities, survivors of torture or trauma, persons who are victims of crimes such as trafficking, migrants with special physical or mental health needs, lesbian, gay, bisexual, transgender and intersex persons, refugees, asylum-seekers and stateless persons. Statelessness determination procedures are essential, given that the lack of a country of nationality to be returned to leaves stateless persons at higher risk of arbitrary and indefinite detention. The Committee agrees with the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment that the threshold for ill-treatment can be reached very quickly, if not immediately, for the detention of migrants in vulnerable situations.[[fn:10]]","labels":["Migrants","Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":9,"text":"See OHCHR and Global Migration Group, “Principles and guidelines, supported by practical guidance, on the human rights protection of migrants in vulnerable situations”."},{"n":10,"text":"A/HRC/37/50, para. 19."}],"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","E. Principle of non-detention of persons in vulnerable situations"]},{"id":"cmw-c-gc-5-0046","docId":"cmw-c-gc-5","idx":46,"n":46,"text":"46. The Committee considers that States should take measures to abolish immigration detention. It emphasizes that, through the Global Compact for Safe, Orderly and Regular Migration, States committed to prioritizing non-custodial alternatives, in accordance with international law, and to taking a human rights-based approach to any detention of migrants, using detention as a measure of last resort only. The Committee considers that States have an obligation to review and implement all available alternative measures before resorting to detention, in accordance with the principles of necessity and proportionality.","labels":["Refugees & asylum-seekers","Migrants","LGBTI+","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","A. Obligation to consider alternatives to detention in each individual case before imposing detention"]},{"id":"cmw-c-gc-5-0047","docId":"cmw-c-gc-5","idx":47,"n":47,"text":"47. The Committee notes that, while terms such as “alternative measures to detention”, “non-custodial measures”, “less restrictive measures”, “less onerous measures” and “less invasive measures” are often used interchangeably in different contexts, they fundamentally address the same legal concept. The Committee interprets alternatives to detention as being all community-based care measures or non-custodial accommodation solutions – in law, policy or practice – that are less restrictive than detention, and which must be considered in the context of lawful detention decision procedures to ensure that detention is necessary and proportionate in all cases, with the aim of respecting the human rights and avoiding the arbitrary detention of migrants, asylum-seekers, refugees and stateless persons. Alternatives to detention must respect the right to personal freedom and therefore not create onerous restrictions or conditions, but rather generate other legitimate mechanisms and measures that are in line with human rights standards. In cases where detention no longer has a legal basis, for example, when deportation, expulsion or removal is no longer a viable objective, alternatives to detention are no longer applicable.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","A. Obligation to consider alternatives to detention in each individual case before imposing detention"]},{"id":"cmw-c-gc-5-0048","docId":"cmw-c-gc-5","idx":48,"n":48,"text":"48. However, the Committee notes that many of the alternative measures employed by States appear to emulate measures from the field of criminal justice, such as bail, home-based detention or other restrictions on movement, such as electronic surveillance or periodic reporting to the authorities. Those measures are often excessively restrictive and are not appropriate in the context of migration. In some cases, they can exacerbate the stigmatization of migrants, unnecessarily interfere with their personal freedom and generate excessively onerous requirements, and may even amount to de facto detention.","labels":["Refugees & asylum-seekers","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","A. Obligation to consider alternatives to detention in each individual case before imposing detention"]},{"id":"cmw-c-gc-5-0049","docId":"cmw-c-gc-5","idx":49,"n":49,"text":"49. The Committee wishes to highlight that alternatives to detention are intended to be more humane, to have less harmful physical and psychological effects on individuals, in particular individuals in vulnerable situations, and to be designed to protect people’s health, well-being and human rights. Evidence suggests that, when properly implemented, such measures can be more effective than detention in assisting people to cope better with immigration procedures, including when migrants’ cases are rejected and they are asked to return voluntarily and independently. Alternative measures to detention can also be significantly less costly than detention, given their lower operating costs. The Committee considers that, owing to the risk of the spread of COVID-19 and other diseases, there is an even greater need for States to improve the systematic consideration of alternative measures to immigration detention before imposing custodial measures.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","A. Obligation to consider alternatives to detention in each individual case before imposing detention"]},{"id":"cmw-c-gc-5-0050","docId":"cmw-c-gc-5","idx":50,"n":50,"text":"50. The Committee recommends that States emphasize community-based non-custodial measures that include case management and other forms of support, are adapted to the specific needs and vulnerabilities of each person or family and allow people to live freely within communities. Legal assistance, psychosocial support and the protection of the rights to education, housing and health care for migrant workers and members of their families must be guaranteed. If such alternatives to imposing restrictions on the rights of migrants are used, the safeguards surrounding them should be as stringent as those applied to detention situations. Such safeguards include ensuring that the alternative measure is established by law, limited in duration, not discriminatory in its purpose and effect, not arbitrary and subject to procedural safeguards, including regular judicial review and independent supervision, and that they protect the rights and dignity of the individual. Officials should review the effects of such alternative measures on the rights of migrants and verify that no unnecessary restrictions are imposed on migrants, in order to identify the least invasive alternative measures to detention.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","A. Obligation to consider alternatives to detention in each individual case before imposing detention"]},{"id":"cmw-c-gc-5-0051","docId":"cmw-c-gc-5","idx":51,"n":51,"text":"51. Detention should never be excessive or indefinite during the course of immigration proceedings, because it would then become arbitrary. States should therefore establish in their legislation the maximum period of detention allowable during the course of immigration proceedings. Moreover, detention should be permitted only for the shortest possible period of time, and it should also be under frequent review to assess whether it remains necessary and is still the only option. Once the period of detention established by law has elapsed, the detainee must automatically be released. Released persons should be provided with a document protecting them against renewed detention. Renewed detention is in contravention of the legally defined maximum detention period.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","B. Duration of detention"]},{"id":"cmw-c-gc-5-0052","docId":"cmw-c-gc-5","idx":52,"n":52,"text":"52. If there are obstacles to identifying migrants who are in an irregular situation or deporting them from the territory, or if the return is not legally possible due to the application of the principle of non-refoulement or other international or domestic obligations, thereby making deportation or expulsion impossible, the detained person must be immediately released in order to avoid indefinite detention, which would be arbitrary. Similarly, the exercise of rights by migrants deprived of their liberty cannot be grounds for prolonging detention. Any deprivation of liberty implemented on the grounds that detainees are exercising their rights to access to justice or due process guarantees, or to apply for asylum or international protection, would therefore be arbitrary. Detaining stateless persons when there is no real prospect of removal would thereby render the detention arbitrary, and the detained stateless person must therefore be immediately released.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","B. Duration of detention"]},{"id":"cmw-c-gc-5-0053","docId":"cmw-c-gc-5","idx":53,"n":53,"text":"53. The Committee reiterates that the right of access to justice is of a dual nature. On the one hand, it constitutes a human right in itself, inherent in all persons, and on the other hand, it is a principle and precondition that imposes obligations on States to ensure that all persons can stand before the law to claim their rights. The Convention recognizes that respect for the rule of law, due process and access to justice are fundamental to all aspects of migration governance. That implies that States must guarantee that all persons within their territory or subject to their jurisdiction, regardless of their nationality or migration status, have access to justice.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","C. Right to access to justice"]},{"id":"cmw-c-gc-5-0054","docId":"cmw-c-gc-5","idx":54,"n":54,"text":"54. The Committee recalls that migrants may face multiple obstacles to access to justice, such as language barriers, lack of information or knowledge about applicable laws, absence of support networks, lack of firewalls to protect personal information and data and fear of being detected by the authorities or of being detained or deported if they seek access to justice. Therefore, in order to ensure that migrants enjoy the right of access to justice and due process on an equal footing with others, States should adopt procedural or compensatory measures that help to reduce or eliminate obstacles and shortcomings that prevent or hinder the effective defence of migrants’ interests. The Committee recommends that States parties take all measures necessary to ensure that migrant workers and members of their families who are deprived of their liberty have access to justice in transit and destination States and to information on their rights as migrants before, during and after their entry and stay in transit and destination countries, in a language and format that they understand, regardless of whether they are still present in those countries.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","C. Right to access to justice"]},{"id":"cmw-c-gc-5-0055","docId":"cmw-c-gc-5","idx":55,"n":55,"text":"55. In order to guarantee access to justice for all migrant workers and members of their families, the Committee urges States parties to intensify efforts to ensure that migrant workers are aware of their rights before travelling and to facilitate their access to legal recourse and redress for any violations of their rights that occur while in transit and upon arrival in destination countries. Even after their return to their country of origin or to a third State, those guarantees should always be upheld for migrant workers and members of their families through consular services and judicial cooperation. The Committee highlights that the reparation of the harm caused to a migrant by the violation of a human right requires comprehensive reparation. The State should implement measures to ensure the enjoyment of the rights that have been violated and to redress the consequences of those violations. In doing so, the State should implement different measures of reparation in order to redress the harm integrally, such as restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","C. Right to access to justice"]},{"id":"cmw-c-gc-5-0056","docId":"cmw-c-gc-5","idx":56,"n":56,"text":"56. The Committee is acutely aware that migrant workers and members of their families are often severely impeded in gaining access to national courts and to monitoring and complaint mechanisms, owing to a lack of adequate safeguards during their detention. Barriers include lack of legal representation and legal aid services, lack of child-friendly processes and safeguards, insufficient consular protection, limited availability of interpreters and translators or other accessible formats or methods of receiving information and communicating, lack of effective remedies to challenge the legality of detention and lack of specific rules on the obligations of the courts to apply sanctions or award compensation for violations of the human rights of migrants.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees"]},{"id":"cmw-c-gc-5-0057","docId":"cmw-c-gc-5","idx":57,"n":57,"text":"57. The Committee recalls that, under the Convention, States parties must ensure that laws, policies and practices are in full respect of procedural safeguards for migrant workers and members of their families in all administrative and judicial proceedings relating to their immigration or international protection status. That includes asylum or determination procedures for refugee status, all forms of additional protection, statelessness determination procedures and other special protection regimes and policies that may apply to them.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees"]},{"id":"cmw-c-gc-5-0058","docId":"cmw-c-gc-5","idx":58,"n":58,"text":"58. The due process guarantees detailed below should be ensured by States parties, to respect access to justice for migrant workers and members of their families who are in detention.","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees"]},{"id":"cmw-c-gc-5-0059","docId":"cmw-c-gc-5","idx":59,"n":59,"text":"59. The right to information is essential for the exercise of other rights, such as access to justice. The authorities responsible for the detention must inform the migrant worker about the reasons for detention immediately preceding, or at the latest at the commencement of, the detention. Such notification should be given in a language and format that the person understands, taking into consideration factors such as age, ethnic and cultural background, disability and educational level.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","1. Right to be informed of the reasons for detention"]},{"id":"cmw-c-gc-5-0060","docId":"cmw-c-gc-5","idx":60,"n":60,"text":"60. The Committee reiterates that States parties should prepare model notification forms containing information, including in accessible formats, on, inter alia, resources available in the languages, means or methods of communication most frequently used or understood by migrant workers who are in an irregular situation in the countries concerned. Migrants should be given adequate time and support to read or access them and should also be given copies. The forms should always accompany a detention order containing specific information on the facts of and the legal basis for the detention, the place of detention and information on, and an explanation of, migrants’ rights and how to claim those rights.","labels":["Migrants","Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","1. Right to be informed of the reasons for detention"]},{"id":"cmw-c-gc-5-0061","docId":"cmw-c-gc-5","idx":61,"n":61,"text":"61. The Committee reaffirms that all migrant workers and members of their families who are deprived of their liberty have the right to bring proceedings before a court so that the court can rule without delay on the lawfulness or arbitrariness, including the legitimate objective, legality, necessity and proportionality of their detention. That guarantee seeks to prevent deprivation of liberty from becoming arbitrary detention. If migrant workers and members of their families are detained within the criminal law context, they must be brought promptly before a judge or court to assess the legality and non-arbitrariness of their detention. The authority assessing the lawfulness of detention must be independent from the entity that ordered or carried out the detention, in order to prevent the assessment from becoming a mere formality that prevents an impartial analysis. The assessment must also be carried out by an official authorized by law to exercise judicial functions and with the power to order the release of the migrant worker.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","2. Judicial review of detention"]},{"id":"cmw-c-gc-5-0062","docId":"cmw-c-gc-5","idx":62,"n":62,"text":"62. In the light of the effects that the deprivation of liberty have on the human rights of migrants, the Committee considers that, as a general rule, the procedure and the decision ordering the detention of a migrant must be carried out and dictated by a judge or court. In addition, States must guarantee migrants their right to appeal before a higher court. That right should be guaranteed at the moment of deprivation of liberty, as well as periodically throughout the duration of the detention. The necessity for the continuation of any detention should be automatically reviewed at reasonable intervals by a court. The scope of judicial review should not be confined to a formal assessment of the individual’s migration status; it requires an individual assessment of the elements pertaining to the arbitrariness of the measure. The Committee stresses that legal remedies must be in place to allow migrant workers and members of their families to challenge the arbitrariness of detention or the legality of a deportation or expulsion order. States must ensure that judicial remedies include the power to suspend any detention, deportation or expulsion decision in order to effectively protect the rights of migrant workers. The principle of non-refoulement must be strictly respected.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","2. Judicial review of detention"]},{"id":"cmw-c-gc-5-0063","docId":"cmw-c-gc-5","idx":63,"n":63,"text":"63. Under articles 16 (7) (b) and 23 of the Convention, migrant workers and members of their families have the right to communicate with the consular or diplomatic authorities of their home State or those of another State representing their interests. States of destination or transit have an obligation under article 16 (7) to: (a) inform migrant workers of that right without delay and of the rights derived from other relevant treaties, in a language and format that they understand; (b) inform the consular or diplomatic authorities of the detention of a migrant worker, upon his or her request; (c) facilitate communication between the migrant worker and those authorities; and (d) communicate and meet with the legal representatives of those authorities and make arrangements with them for the migrant worker’s legal representation.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","3. Consular assistance and protection"],"citedArticles":[{"treaty":"CMW","article":"16","paragraph":"7","source":"regex"},{"treaty":"CMW","article":"23","source":"regex"},{"treaty":"CMW","article":"16","paragraph":"7","source":"regex"}]},{"id":"cmw-c-gc-5-0064","docId":"cmw-c-gc-5","idx":64,"n":64,"text":"64. The Committee is aware of the particular situation of refugees or asylum-seekers who fear or have been subjected to persecution, or who have other reasons to avoid contact with the consular authorities of their State of origin or residence. In such cases, the State under whose jurisdiction the person is living must respect the migrant’s decision not to exercise his or her right to consular assistance and protection if the person wishes to apply for asylum. States should also be aware that stateless persons find themselves in a vulnerable situation, given that consular assistance and protection are unavailable due to their status.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","3. Consular assistance and protection"]},{"id":"cmw-c-gc-5-0065","docId":"cmw-c-gc-5","idx":65,"n":65,"text":"65. The Committee emphasizes that the right to consular assistance and protection is essential for enforcing access to justice for migrant workers and is particularly pressing when it comes to persons deprived of their liberty, regardless of whether they are detained on criminal or immigration-related grounds. The Committee therefore considers that States of origin should ensure access to effective consular assistance and protection, including by providing sufficient human, technical and financial resources.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","3. Consular assistance and protection"]},{"id":"cmw-c-gc-5-0066","docId":"cmw-c-gc-5","idx":66,"n":66,"text":"66. In the context of immigration detention, migrant workers and members of their families have the right to legal advice and legal representation, provided by the State free of charge for persons who cannot afford it, making the rights to due process and access to justice truly operational. States should make qualified interpreters available to migrant workers who cannot understand or speak the language used during the proceedings. Even for migrant workers who understand the language of the country in which they currently reside, it is important that they are provided with an interpreter and that the information is provided in understandable terms and formats free of technicalities and adapted to their age, ethnic and cultural background and any other circumstance that may affect their level of understanding.","labels":["Refugees & asylum-seekers","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","4. Free legal and interpretation assistance"]},{"id":"cmw-c-gc-5-0067","docId":"cmw-c-gc-5","idx":67,"n":67,"text":"67. The Committee recognizes the fundamental work of non-governmental organizations, university legal clinics and pro bono lawyers, among others, in the legal representation of migrants. However, the Committee recalls that their efforts do not relieve States from their responsibility to provide migrants with free legal assistance and representation. Moreover, States should always allow non-governmental organizations, university legal clinics and pro bono lawyers to carry out their work unhindered.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","4. Free legal and interpretation assistance"]},{"id":"cmw-c-gc-5-0068","docId":"cmw-c-gc-5","idx":68,"n":68,"text":"68. The Committee recognizes that, in order to gain full access to justice, migrants must obtain a well-founded and reasoned decision on their immigration or international protection proceedings so that they can appeal that decision, if necessary, and defend their rights adequately. Notification of that decision must be made in a personal and written manner to the migrant and, where appropriate, to his or her legal representatives, allowing sufficient time for appeal.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","4. Free legal and interpretation assistance"]},{"id":"cmw-c-gc-5-0069","docId":"cmw-c-gc-5","idx":69,"n":69,"text":"69. The Committee has received information about various acts of violence, in particular sexual violence, child and forced labour and trafficking for the purpose of sexual exploitation, perpetrated against migrants who have been deprived of their liberty. Women, children, persons with disabilities and lesbian, gay, bisexual, transgender and intersex persons are highly vulnerable to abuse in immigration detention centres. In some cases, the abuse amounts to torture. The Committee notes that migrants are at an increased risk of human rights violations while in detention, and States have an obligation to prevent, investigate, prosecute and punish any acts of torture, cruel, inhuman or degrading treatment or punishment or other human rights violations by detention facility personnel, detainees or any other person.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","E. Prohibition of torture and cruel, inhuman or degrading treatment or punishment"]},{"id":"cmw-c-gc-5-0070","docId":"cmw-c-gc-5","idx":70,"n":70,"text":"70. Information received by the Committee also indicates that some States place migrants in solitary confinement. That practice has severely negative health effects and, in some cases, has led to suicide or irreparable psychological damage. The Committee recalls that solitary confinement is not appropriate to manage or ensure the protection of migrants, asylum-seekers, refugees, persons in need of complementary or subsidiary protection, stateless persons, victims of trauma, torture or cruel, inhuman or degrading treatment or persons with disabilities. The Committee agrees with the Human Rights Committee and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, that prolonged solitary confinement constitutes an act of torture.[[fn:11]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":11,"text":"Human Rights Committee, general comment No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, para. 6; and A/66/268, para. 76."}],"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","E. Prohibition of torture and cruel, inhuman or degrading treatment or punishment"]},{"id":"cmw-c-gc-5-0071","docId":"cmw-c-gc-5","idx":71,"n":71,"text":"71. The Committee has received reports of migrants who have been returned to detention centres where they were at risk of torture or cruel, inhuman or degrading treatment. The Committee has maintained that the principle of non-refoulement, the prohibition of the transfer of persons by force, in any form, to countries where they may become victims of persecution or serious human rights violations, includes the prohibition of the return of persons to locations where they are subjected to inhuman and degrading conditions of detention, the absence of necessary medical treatment, especially during a pandemic or any other serious public emergency, or threats to the enjoyment of the rights to life and to health (articles 9–10 and 28 of the Convention). Furthermore, the Committee recalls that the rejection and return at national borders of persons who might require international protection, without analysing individual rights and claims to protection, is in violation of the prohibition of collective expulsion and the principle of non-refoulement.","labels":["Migrants","Children","Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","E. Prohibition of torture and cruel, inhuman or degrading treatment or punishment"],"citedArticles":[{"treaty":"CMW","article":"9","source":"regex"}]},{"id":"cmw-c-gc-5-0072","docId":"cmw-c-gc-5","idx":72,"n":72,"text":"72. Article 11 of the Convention requires all States parties to take effective measures against all forms of forced or compulsory labour imposed on migrant workers. The Committee expresses its concern about the presence of human trafficking networks within immigration detention centres. The Committee has also received reports of detained migrants who have been subjected, under threat of punishment, to prolonged forced and/or underpaid or unpaid labour.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","F. Prohibition of slavery, servitude and forced or compulsory labour"],"citedArticles":[{"treaty":"CMW","article":"11","source":"regex"}]},{"id":"cmw-c-gc-5-0073","docId":"cmw-c-gc-5","idx":73,"n":73,"text":"73. The Committee highlights that the prohibition of slavery, servitude, forced or compulsory labour and trafficking in persons is absolute under international law and is a norm of jus cogens. States have an obligation to ensure that migrants who are deprived of their liberty are protected from all forms of slavery, servitude, forced or compulsory labour and trafficking. States should establish mechanisms to identify victims of trafficking and abuse by traffickers and should provide victims with protection and assistance. Furthermore, States should conduct prompt, effective and impartial investigations into all cases of trafficking and abuse by traffickers and prosecute and punish the perpetrators of such acts and their accomplices, including in the case of public officials. The obligation to investigate, prosecute and punish any act of international human trafficking requires judicial cooperation from all States involved.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","F. Prohibition of slavery, servitude and forced or compulsory labour"]},{"id":"cmw-c-gc-5-0074","docId":"cmw-c-gc-5","idx":74,"n":74,"text":"74. Migrant workers and members of their families have the right to privacy and to family life without interference. Those rights are closely linked to the principle of non-detention of children and the principle of the best interests of the child being taken as a primary consideration. The Committee considers that it is the right of migrant children with families not to be deprived of their liberty and that such children and families should be granted measures for their care and reception.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","G. Right to privacy and family life"]},{"id":"cmw-c-gc-5-0075","docId":"cmw-c-gc-5","idx":75,"n":75,"text":"75. Information received by the Committee indicates that migrants who are deprived of their liberty often face serious difficulties in gaining access to health services and medical care in detention centres. Reproductive health care for women held in detention, in particular pregnant women, is reportedly often inadequate.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","H. Right to health"]},{"id":"cmw-c-gc-5-0076","docId":"cmw-c-gc-5","idx":76,"n":76,"text":"76. States should ensure that detained migrants have access to physical and mental health services, including sexual and reproductive health services and psychological care. In the absence of adequate conditions in detention centres, detained migrants in need of medical care should be transferred to adequate facilities. Moreover, taking into account the psychological and physical effects of detention on migrants, States should assess detained migrants’ physical and mental health on a regular basis. States should take all measures necessary to ensure that all migrant workers and members of their families who are deprived of their liberty, regardless of their migration status, enjoy, both in law and in practice, access to health services under the same conditions as nationals of the State party.[[fn:12]]","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":12,"text":"Committee’s general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, para. 72."}],"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","H. Right to health"]},{"id":"cmw-c-gc-5-0077","docId":"cmw-c-gc-5","idx":77,"n":77,"text":"77. In a context such as the COVID-19 pandemic, the Committee agrees with the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment[[fn:13]] and the Committee on the Elimination of Racial Discrimination[[fn:14]] that States should take the precautionary measures necessary to prevent the spread of the virus and implement emergency measures to ensure that detained migrants have access to appropriate levels of medical and preventive care and maintain contact with their families and the outside world. The Committee recalls its guidance note on the impact of the COVID-19 pandemic on the human rights of migrants, issued jointly with the Special Rapporteur on the human rights of migrants, and the guidance note on equitable access to COVID-19 vaccines for all migrants, issued jointly with several special procedure and other human rights-related mandate holders. The Committee urges States to fully implement the recommendations therein, paying special attention to integrating migrant workers into national COVID-19 prevention and response plans and policies, ensuring that they take into account the gender, age and diversity of migrants and that they respect the right to health, including by ensuring that the provision of tests, essential medicines, prevention measures, treatment and vaccines are provided in a non-discriminatory manner, and to provide equitable access to COVID-19 vaccination for all migrants on a non-discriminatory basis, regardless of their nationality, migration status or situation of statelessness.","labels":["Migrants","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":13,"text":"See CAT/OP/10."},{"n":14,"text":"CERD/C/GRC/CO/20-22, para. 23; CERD/C/ESP/CO/21-23, para. 22; and CERD/C/NOR/CO/21-22, para. 36."}],"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","H. Right to health"]},{"id":"cmw-c-gc-5-0078","docId":"cmw-c-gc-5","idx":78,"n":78,"text":"78. Migrant workers and members of their families have the right not to be arbitrarily deprived of their property. In that regard, State authorities are obliged to protect the identity and personal documents of migrant workers and members of their families. Nevertheless, it is common practice for State authorities to retain people’s belongings during immigration detention, including cellular telephones, cash, bank cards and identity and personal documents. In some cases, the property is never returned to the owner.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents"]},{"id":"cmw-c-gc-5-0079","docId":"cmw-c-gc-5","idx":79,"n":79,"text":"79. The Committee considers that, while States have a legitimate interest in, and legal and ethical responsibilities for, ensuring the safety of migrant workers and members of their families in detention and may take measures to that end, such as temporarily withholding the belongings of detainees, it is not within the interest of migrants to have their belongings withheld for longer than the detention period. States should therefore set clear criteria and establish an inventory of retained belongings. It is also necessary to ensure that migrants have access to their belongings whenever necessary, that indispensable belongings are not withheld and that belongings that are withheld do not include essential items, such as medicines, devices needed by persons with complex communication or mobility requirements, the telephone numbers of close relations and identity documents. For all other belongings, custody must be supervised, and it must be ensured that those belongings are returned to the migrant at the end of detention. Migrants should be provided with a receipt or similar document with an inventory of retained belongings and the rationale for their retention.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents"]},{"id":"cmw-c-gc-5-0080","docId":"cmw-c-gc-5","idx":80,"n":80,"text":"80. The Committee recalls that the right to identity, including the right to a name, birth registration and a nationality, is central to the enjoyment of all other rights recognized in the Convention and other international treaties. Withholding migrants’ identity documents is never appropriate; it violates the right not only to property, but also to identity, and leaves migrant workers and members of their families more vulnerable to violations of their other rights. The Committee also recalls that each child of a migrant worker has the right to birth registration and nationality, pursuant to article 29 of the Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents"],"citedArticles":[{"treaty":"CMW","article":"29","source":"regex"}]},{"id":"cmw-c-gc-5-0081","docId":"cmw-c-gc-5","idx":81,"n":81,"text":"81. The Committee considers that poor conditions of detention may constitute torture or cruel, inhuman or degrading treatment and may increase the risk of violations of other rights, including the right to health, food, adequate housing, safe water and sanitation. In addition, torture or cruel, inhuman or degrading treatment may occur if inadequate detention conditions are intentionally imposed, encouraged or tolerated by the State on the basis of discrimination of any kind, including migration status, or in order to deter migrant workers and members of their families from continuing their immigration or international protection proceedings, or to intimidate or punish them for doing so.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","J. Conditions of detention"]},{"id":"cmw-c-gc-5-0082","docId":"cmw-c-gc-5","idx":82,"n":82,"text":"82. Immigration detention facilities must therefore meet the highest standards to ensure the dignity and well-being of detainees. The Committee stresses that detention should never take place in facilities with punitive characteristics. Any detention of migrants must take place in appropriate, sanitary, non-punitive facilities and should not take place in prisons.[[fn:15]]","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":15,"text":"Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, para. 18."}],"section":["I. Right to property and obligation to protect identity and personal documents","J. Conditions of detention"]},{"id":"cmw-c-gc-5-0083","docId":"cmw-c-gc-5","idx":83,"n":83,"text":"83. In order to guarantee that immigration detention takes place in non-punitive facilities, States must ensure, among other things, that: (a) migrant workers are not detained with persons prosecuted for or convicted of crimes; (b) men and women remain separated, taking into consideration the particular needs of lesbian, gay, bisexual, transgender and intersex persons; (c) sufficient space is provided and overcrowding is avoided at all costs; (d) facilities have open spaces for coexistence and recreation; (e) adequate cleaning and lighting is provided; and (f) other measures are taken that enable detainees to have an adequate standard of living, which includes appropriate clothing and bedding, heating, sufficient food in line with the physical and health conditions of the migrants and their religious beliefs, and access to safe water and sanitation and to health care, including health-care professionals, independent from detaining authorities. In addition to physical conditions, States should ensure that there are sufficient staff, both men and women, who must receive adequate training in human rights and gender sensitivity and who must be qualified to work with groups of persons who are in vulnerable situations.","labels":["Migrants","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","J. Conditions of detention"]},{"id":"cmw-c-gc-5-0084","docId":"cmw-c-gc-5","idx":84,"n":84,"text":"84. It is essential that States effectively and credibly monitor the conditions in immigration detention centres, including privately run immigration detention facilities. States are obliged to take the legislative and other measures necessary to ensure the constant monitoring of detention centres, with no restricted areas. The Committee stresses that the authority responsible for monitoring places of detention must be independent and impartial. It is not permissible for the same authority responsible for implementing the immigration policy or in charge of detention centres to carry out that task. It is necessary to strengthen, on the basis of various cooperation strategies, including by the institutions involved, the system of mental health management available to migrants, in order to avoid behaviours that could endanger their integrity or their lives, and, when necessary, to provide them with the appropriate treatment to respond to the traumatic situation that they may be experiencing, ensuring that staff in contact with them have the ability to warn them of such situations and to maintain the appropriate level of emotional stability themselves.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","K. Monitoring human rights in places of detention"]},{"id":"cmw-c-gc-5-0085","docId":"cmw-c-gc-5","idx":85,"n":85,"text":"85. Even if there is an authority or body responsible for the supervision of places of detention, the participation of national human rights institutions and civil society organizations, which do not replace the obligations of States, is essential and relevant for the defence of the rights of migrant workers and members of their families. The Committee recalls that national human rights institutions play a crucial role in promoting and monitoring the effective implementation of international human rights standards at the national level, therefore, their work must be fully guaranteed. States should authorize access to detention facilities, including privately run immigration detention facilities, for national human rights institutions, civil society organizations, academia and international and regional bodies, such as the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Office of the United Nations High Commissioner for Human Rights, the Office of the United Nations High Commissioner for Refugees, the United Nations Children’s Fund and the International Committee of the Red Cross, to ensure independent and autonomous monitoring. Information and documentation relating to the facility and persons held there, and the possibility of conducting private and confidential interviews with detainees and staff, must be available for independent monitoring entities.","labels":["Migrants","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","K. Monitoring human rights in places of detention"]},{"id":"cmw-c-gc-5-0086","docId":"cmw-c-gc-5","idx":86,"n":86,"text":"86. To enable independent monitoring of immigration detention facilities, States should take measures to allow monitoring entities, among other things, to: (a) visit any place where immigration detention might occur and to do so unannounced; (b) choose the places that they want to visit and the persons whom they want to interview; (c) obtain any information that they need, including requesting reports before, during and after their monitoring visits and receiving a prompt response to such requests; (d) make public the results of their inspections and recommendations, while preventing the disclosure of information that might put a migrant at risk; and (e) ensure that migrants or staff who are interviewed by the monitoring entities are not subjected to reprisals.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","K. Monitoring human rights in places of detention"]},{"id":"cmw-c-gc-5-0087","docId":"cmw-c-gc-5","idx":87,"n":87,"text":"87. The Committee recalls that the objective of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as provided for in the preamble and article 1 thereof, is to establish a system of regular visits undertaken by independent international and national bodies to places where persons are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment, which is a non-derogable obligation under international law. States parties to the Optional Protocol should ensure that detention facilities are monitored by such bodies, in particular by their national mechanisms for the prevention of torture.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","K. Monitoring human rights in places of detention"],"citedArticles":[{"article":"1","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text explicitly discusses the Optional Protocol to CAT (OPCAT) — 'the preamble and article 1 thereof' refers to article 1 of OPCAT which establishes the system of regular visits to places of detention. The regex assigned CAT but the text names OPCAT by full title and the article belongs to that Protocol."}]},{"id":"cmw-c-gc-5-0088","docId":"cmw-c-gc-5","idx":88,"n":88,"text":"88. In the context of public emergencies, such as the COVID-19 pandemic, States should take steps to ensure that monitoring is carried out in such a way that allows for international and national bodies to carry out their mandate in detention facilities in line with the principle to do no harm, minimizing the need for physical contact, but offering opportunities for preventive involvement.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","K. Monitoring human rights in places of detention"]},{"id":"cmw-c-gc-5-0089","docId":"cmw-c-gc-5","idx":89,"n":89,"text":"89. States should establish independent monitoring and accountability mechanisms in immigration detention centres and generate systematic reporting mechanisms. That can be achieved through cooperation between detention authorities and other stakeholders, such as national human rights institutions, parliamentarians, civil society, academia and international organizations. States should also provide support to all interested parties that file complaints on behalf of victims of crime, abuse or human rights violations in immigration detention centres. Furthermore, States should establish official mechanisms and procedures to provide effective remedies for human rights violations perpetrated in detention centres, provide comprehensive redress to victims and hold State and private authorities accountable for such violations.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["VI. Supervision and accountability"]},{"id":"cmw-c-gc-5-0090","docId":"cmw-c-gc-5","idx":90,"n":90,"text":"90. The Committee notes that States do not usually provide accessible public information or disaggregated data on the number, age, gender and nationality of migrants detained or on the conditions of their detention. The Committee recommends that States adopt mechanisms to allow access to public information on the rights and conditions of migrant workers deprived of their liberty. The Committee also recommends that States collect and process such information for the development of evidence-based public policies. States should implement information systems to establish whether and where a migrant is detained, which is also conducive to strengthened efforts to search for missing migrants. Such systems should safeguard the rights to privacy and data protection that protect asylum-seekers, refugees, stateless persons and members of other groups in vulnerable situations in need of additional protection, and the principle of confidentiality in the field of data protection.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["VII. Access to information and data collection and indicators"]},{"id":"cmw-c-gc-5-0091","docId":"cmw-c-gc-5","idx":91,"n":91,"text":"91. States parties should broadly disseminate the present general comment to all stakeholders, including State authorities, national human rights institutions, the private sector, including private detention facilities, civil society, the media and all migrants, regardless of their status.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["VIII. Dissemination and use of the present general comment and reporting"]},{"id":"cmw-c-gc-5-0092","docId":"cmw-c-gc-5","idx":92,"n":92,"text":"92. The relevant parts of the present general comment should be incorporated into the official pre-employment training and other official training of all employees, in particular technical staff, and of the authorities and staff responsible for the administration of immigration detention and law enforcement.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["VIII. Dissemination and use of the present general comment and reporting"]},{"id":"cmw-c-gc-5-0093","docId":"cmw-c-gc-5","idx":93,"n":93,"text":"93. States parties should include in their reports submitted under article 73 of the Convention information on the measures taken in the implementation of the present general comment and the results achieved.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["VIII. Dissemination and use of the present general comment and reporting"],"citedArticles":[{"treaty":"CMW","article":"73","source":"regex"}]},{"id":"cmw-c-gc-5-0094","docId":"cmw-c-gc-5","idx":94,"n":94,"text":"94. The Committee encourages States that have not yet done so to ratify or accede to the Convention, including the formulation of binding declarations under articles 76 and 77.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IX. Ratification or accession and reservations to the Convention"],"citedArticles":[{"treaty":"CMW","article":"76","source":"regex"},{"treaty":"CMW","article":"77","source":"regex"}]},{"id":"cmw-c-gc-5-0095","docId":"cmw-c-gc-5","idx":95,"n":95,"text":"95. States parties are encouraged to review, amend or withdraw reservations made during ratification or accession, with a view to ensuring that migrant workers and members of their families who are deprived of their liberty fully enjoy their rights under the Convention.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IX. Ratification or accession and reservations to the Convention"]},{"id":"cmw-c-gc-6-0001","docId":"cmw-c-gc-6","idx":1,"n":1,"text":"The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which was adopted by the General Assembly in its resolution 45/158 of 18 December 1990 and entered into force in 2003, contains legally binding obligations that relate both in general and specific terms to the protection of the human rights of all migrant workers and members of their families. It recognizes rights as minimum guarantees in the specific context of migration and the vulnerabilities faced by the persons concerned.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["I. Foreword"]},{"id":"cmw-c-gc-6-0002","docId":"cmw-c-gc-6","idx":2,"n":2,"text":"The Global Compact for Safe, Orderly and Regular Migration[[fn:1]] (Global Compact), adopted in December 2018, is a global multilateral cooperation initiative on human mobility. Although it is not a legally binding instrument, it represents a commitment by States to tackle a structural phenomenon through cooperation, with a comprehensive, multisectoral and participatory approach, seeking solutions to existing challenges, including the protection of migrants and members of their families.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":1,"text":"General Assembly resolution 73/195, annex."}],"section":["I. Foreword"]},{"id":"cmw-c-gc-6-0003","docId":"cmw-c-gc-6","idx":3,"n":3,"text":"These two international instruments were designed to promote international cooperation in the governance of international migration and the defence of the rights of migrants and members of their families.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["I. Foreword"]},{"id":"cmw-c-gc-6-0004","docId":"cmw-c-gc-6","idx":4,"n":4,"text":"4. The purpose of the present general comment is to provide clarifications, explanations and some guidelines to throw light on the link between the relevant standards and the basis of these two United Nations instruments on the human rights of migrants.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["I. Foreword"]},{"id":"cmw-c-gc-6-0005","docId":"cmw-c-gc-6","idx":5,"n":5,"text":"5. In the present general comment, the Committee emphasizes the need to better guide States in the development and implementation of strategies aimed at placing the human rights of migrant workers and members of their families at the centre of policies and actions relating to international migration and reaffirms the importance of taking better account of the positive impact of migration on the development of countries and of placing migration issues in the context of the Sustainable Development Goals. The Committee submits this general comment in order to reaffirm that, without prejudice to the legal nature of regional and global agreements on migration governance, full compliance with applicable international human rights instruments must always be ensured.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["II. Introduction"]},{"id":"cmw-c-gc-6-0006","docId":"cmw-c-gc-6","idx":6,"n":6,"text":"6. The guidelines provided are based on the Committee’s practices and deliberations on the nature and scope of the two instruments, taking into account the convergence that occurs between certain common aspects, bearing in mind that States’ efforts to harmonize and implement the Global Compact must be consistent with the obligations contained in the Convention.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["II. Introduction"]},{"id":"cmw-c-gc-6-0007","docId":"cmw-c-gc-6","idx":7,"n":7,"text":"7. The Committee notes that, despite the will of the international community to strengthen migration governance through these two fundamental instruments, the global migration context continues to be marked by an increasing number of serious and repeated violations of the human rights of migrant workers and members of their families because of problems in migration governance, policies of discrimination and exclusion, and repressive measures currently in place in several countries. With this in mind, the Committee established a working group on the Convention and the Global Compact in April 2019. At its intersessional meeting on 12 November 2020, it decided to prepare a draft of general comment No. 6 on the points of convergence of the Convention and the Global Compact;[[fn:2]] the working group produced a number of documents, including a first draft comparative analysis of the Convention and the Global Compact, a Committee position paper for the Global Forum on Migration and Development and a paper analysing the four-dimensional vision[[fn:3]] of human rights in the Global Compact.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":2,"text":"An extraordinary meeting of the working group was held in Agadir, Morocco, on 10 and 11 May 2022, followed by a half-day of general discussion in hybrid format at the thirty-fifth session of the Committee on 27 September 2022 in Geneva."},{"n":3,"text":"The first dimension emerges when human rights are identified as one of the guiding principles for the interpretation of the Global Compact. The second relates to specific express or implicit references to human rights in the Global Compact and elements that identify them. The third dimension emerges when the phrase “human rights” is used generically in the Global Compact. The last dimension, the fourth, concerns the express reference in the text of the Global Compact to documents drawn up by the United Nations in which the vision of human rights is already present."}],"section":["II. Introduction"]},{"id":"cmw-c-gc-6-0008","docId":"cmw-c-gc-6","idx":8,"n":8,"text":"8. The Committee also called for written submissions from various stakeholders to expand on the concept note and draft outline of general comment No. 6. The second draft was announced at the Committee’s thirty-sixth session, from 27 March to 6 April 2023, and presented at its thirty-seventh session, from 27 November to 8 December 2023, following prior regional consultations with the various stakeholders, before being reviewed at the working group meeting on 26 and 27 April 2024.[[fn:4]] The present general comment was adopted at the Committee’s thirty-eighth session, held in Geneva from 3 to 14 June 2024.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":4,"text":"On 7 and 8 November 2023, the Committee organized, in Dakar, in-person regional consultations for States members of the Economic Community of West African States and other stakeholders. In addition, in collaboration with the Regional Office for South America of the Office of the United Nations High Commissioner for Human Rights (OHCHR), located in Santiago, and the OHCHR Regional Office for Central America and the Dominican Republic, located in Panama, the Committee held online regional consultations on 14 and 15 November 2023, with the participation of representatives of States, civil society organizations and national human rights institutions."}],"section":["II. Introduction"]},{"id":"cmw-c-gc-6-0009","docId":"cmw-c-gc-6","idx":9,"n":9,"text":"9. The Committee recalls the binding nature of human rights treaties and the mandate given to the committees established to monitor the implementation of these treaties, to interpret their articles on the basis of the principles of the Universal Declaration of Human Rights and to provide authoritative guidance to States through general comments. Consequently, an essential aspect of the convergence of the Convention, the Global Compact and other human rights treaties would be that references to human rights in the Global Compact must be applied on the basis of the specific provisions for each right in the respective treaties, including criteria for interpretation and international standards established by the treaty bodies in the exercise of their respective mandates.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["III. Scope and principles of the general comment"]},{"id":"cmw-c-gc-6-0010","docId":"cmw-c-gc-6","idx":10,"n":10,"text":"10. The Committee emphasizes that, in developing policies and practices − at local, national, bilateral or multilateral levels − aimed at implementing the Global Compact, which have a direct or indirect impact on the protection and safeguarding of human rights, it is essential for every State to have recourse to the provisions of international human rights standards, including their interpretation by the competent bodies.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["III. Scope and principles of the general comment"]},{"id":"cmw-c-gc-6-0011","docId":"cmw-c-gc-6","idx":11,"n":11,"text":"11. The present general comment clarifies the scope of the Convention and the Global Compact, highlighting similar or corollary themes and convergent approaches to project an overall vision of migration based on international human rights law.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["III. Scope and principles of the general comment"]},{"id":"cmw-c-gc-6-0012","docId":"cmw-c-gc-6","idx":12,"n":12,"text":"12. The Committee offers a cross-analysis of the two instruments to formulate a number of authoritative guidelines aimed at strengthening human rights-based migration policies. In the present general comment, the Committee expresses its views in particular on the vision and principles of both instruments, non-discrimination, legal personality and identity, irregular migration, decent work, the rights of women and children, access to justice, due process and alternatives to detention, smuggling of migrants and trafficking in migrants, remittances, income and savings, return and reintegration.","labels":["Children","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["III. Scope and principles of the general comment"]},{"id":"cmw-c-gc-6-0013","docId":"cmw-c-gc-6","idx":13,"n":13,"text":"13. The Convention and the Global Compact are the main international instruments on migration. They are unique, complementary and mutually reinforcing in advancing migration governance and promoting and protecting the rights of all migrants and members of their families, regardless of their migration status.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0014","docId":"cmw-c-gc-6","idx":14,"n":14,"text":"14. The Convention aims to protect all migrant workers and members of their families against human rights abuses. It is dedicated to the recognition of the rights of all migrant workers and members of their families.[[fn:5]] The Convention constitutes the best means of preventing vulnerability and protecting migrants and members of their families from abuse and trafficking in persons, promoting family reunification and reducing unauthorized transit and employment under unfavourable working conditions, while seeking to ensure compliance with the laws and procedures established in the States concerned.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":5,"text":"Convention, arts. 7–63."}],"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0015","docId":"cmw-c-gc-6","idx":15,"n":15,"text":"15. The Global Compact, which focuses primarily on governance, aims to regulate migration while promoting an optimal framework for international cooperation. It recalls that all migrants’ human rights must be ensured regardless of migration status. It urges States and other stakeholders to take concrete steps to ensure that migrants have access to and can enjoy their rights in practice. The Global Compact also pays particular attention to ensuring the human rights of migrants in vulnerable situations. It ensures that there is a common understanding of mechanisms for regular migration, which, when it is organized, is considered beneficial for all. It thus places great importance on migration governance, as reflected in its vision, guiding principles and 23 objectives. In this guidance document, human rights are seen as one of the guiding principles governing the pursuit of organized migration by Governments and other actors under international human rights instruments.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0016","docId":"cmw-c-gc-6","idx":16,"n":16,"text":"16. The two instruments share common dimensions in terms of the promotion of human rights, but at the same time have aspects that set them apart because of the interval between their dates of adoption. As the Global Compact was adopted in 2018 and the Convention in 1990, the latter contains human rights that are not regulated by the Global Compact and vice versa. The human rights most explicitly mentioned in the text of the Global Compact are the rights to privacy and the protection of personal data in relation to data generation or collection or to situations of vulnerability caused by natural disasters, the adverse effects of climate change and environmental degradation.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0017","docId":"cmw-c-gc-6","idx":17,"n":17,"text":"17. Nevertheless, the Committee emphasizes that a growing number of themes, issues and challenges related to the protection of the rights of migrants and members of their families have been progressively included, not least as a result of a dynamic interpretation of the Convention as a living instrument.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0018","docId":"cmw-c-gc-6","idx":18,"n":18,"text":"18. Both instruments are important and mutually reinforcing in guiding migration policies based on a human rights approach to migrants and members of their families. The Committee specifies the principles that should govern this aspect of international human rights law.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0019","docId":"cmw-c-gc-6","idx":19,"n":19,"text":"19. The Convention and the Global Compact reaffirm the principle of non-discrimination, guided by an intersectional approach, and the principle of non-regression. The Convention establishes that States are to respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for thereunder without distinction of any kind. The Global Compact reaffirms the commitment to eliminate all forms of discrimination, including racism, xenophobia and intolerance, against migrants and members of their families.[[fn:6]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":6,"text":"Global Compact, para. 15 (f)."}],"section":["V. Non-discrimination"]},{"id":"cmw-c-gc-6-0020","docId":"cmw-c-gc-6","idx":20,"n":20,"text":"20. The Committee, for its part, emphasizes that the principle of non-discrimination is fundamental to international human rights instruments and is considered a jus cogens norm. States are under an obligation to ensure that their laws and practices are non-discriminatory. They must also take positive measures to prevent, reduce and eliminate conditions and attitudes that cause or perpetuate de facto discrimination against migrant workers and members of their families.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination"]},{"id":"cmw-c-gc-6-0021","docId":"cmw-c-gc-6","idx":21,"n":21,"text":"21. Both the Convention and the Global Compact focus on the need to promote a public discourse free of discrimination, racism[[fn:7]] and xenophobia. The Convention recognizes the right of migrant workers and members of their families to freedom of expression, which may be subject to certain restrictions, but these must only be such as are provided by law and are necessary, including for the purpose of preventing any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.[[fn:8]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":7,"text":"General Assembly resolution 76/266, annex, para. 54."},{"n":8,"text":"Convention, art. 13, para. 3 (d)."}],"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0022","docId":"cmw-c-gc-6","idx":22,"n":22,"text":"22. States are also under an obligation to take effective measures to fight all manifestations of racism, xenophobia or related intolerance against migrant workers and members of their families, especially those in an irregular situation, such as hate crimes, incitement to hatred and hate speech, including by political figures and in the media, and to raise public awareness about the criminal nature of such acts with a view to promoting respect for migrant workers’ human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0023","docId":"cmw-c-gc-6","idx":23,"n":23,"text":"23. States should develop concrete measures to foster intercultural dialogue between migrant and host communities and to prevent and address xenophobia or any form of discrimination or related intolerance against migrant children. In addition, integrating human rights education into school curricula would help prevent xenophobic attitudes or other forms of discrimination that could affect the integration of migrant children, migrants and members of their families into society in the long term.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0024","docId":"cmw-c-gc-6","idx":24,"n":24,"text":"24. The Global Compact defines the elimination of all forms of discrimination and the promotion of evidence-based public discourse[[fn:9]] to shape perceptions of migration as one of the objectives of safe, orderly and regular migration.[[fn:10]] It states that independent, objective and quality journalism should be promoted and that the allocation of public funding or material support to media outlets that systematically promote all forms of discrimination against migrants should be stopped.[[fn:11]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":9,"text":"General Assembly resolution 76/266, annex, para. 54."},{"n":10,"text":"Global Compact, objective 17."},{"n":11,"text":"Ibid., para. 33 (c)."}],"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0025","docId":"cmw-c-gc-6","idx":25,"n":25,"text":"25. The Global Compact also states that mechanisms should be established to prevent, detect and respond to racial, ethnic and religious profiling of migrants by public authorities, and to systematic instances of intolerance, xenophobia, racism and all other multiple and intersecting forms of discrimination, in partnership with national human rights institutions, including by conducting and publishing trend analyses and ensuring access to effective complaint and redress mechanisms.[[fn:12]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":12,"text":"Ibid., para. 33 (d)."}],"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0026","docId":"cmw-c-gc-6","idx":26,"n":26,"text":"26. The Global Compact further states that migrants, political, religious and community leaders, and educators and service providers, should be encouraged to detect and prevent incidences of intolerance, racism, xenophobia and other forms of discrimination against migrants and diasporas, and support activities in local communities to promote mutual respect, including in the context of electoral campaigns.[[fn:13]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":13,"text":"Ibid., para. 33 (g)."}],"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0027","docId":"cmw-c-gc-6","idx":27,"n":27,"text":"27. The Convention emphasizes that migrant workers and members of their families − including women, children and persons with disabilities − must have the right to form and, subject only to the rules of the organization concerned, to join associations and trade unions for the protection of their economic, social, cultural and other interests.[[fn:14]] However, although the Global Compact does not explicitly mention freedom of association, it creates a framework that, converging with the Convention, protects and supports this right indirectly by promoting social inclusion through the full participation of migrants and their family members in the social and civic life in host countries.","labels":["Children","Migrants","Persons with disabilities","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":14,"text":"See the International Labour Organization Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)."}],"section":["V. Non-discrimination","A. Rights and freedoms","2. Freedom of association"]},{"id":"cmw-c-gc-6-0028","docId":"cmw-c-gc-6","idx":28,"n":28,"text":"28. Both the Convention and the Global Compact provide protection against discrimination for the children of migrants and other members of their families, and non-discriminatory access to education for migrant children.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination","A. Rights and freedoms","3. Access to education"]},{"id":"cmw-c-gc-6-0029","docId":"cmw-c-gc-6","idx":29,"n":29,"text":"29. The application of a gender-sensitive approach to combat discrimination, the implementation of non-discriminatory checking and management of migration, respect for human rights and non-discrimination standards, social inclusion in the practice of detention and migrants’ access to social services must be ensured without distinction of any kind.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination","A. Rights and freedoms","3. Access to education"]},{"id":"cmw-c-gc-6-0030","docId":"cmw-c-gc-6","idx":30,"n":30,"text":"30. The Convention recognizes the right of migrant workers and members of their families in a regular situation to equality of treatment with nationals of the State of employment in relation to access to various economic and social services.[[fn:15]] It ensures the equitable right of all migrant workers and members of their families to social security, subject to applicable legislation and treaties,[[fn:16]] including respect for the principle of non-discrimination.[[fn:17]] It provides for the right to receive emergency medical care without discrimination of any kind, including discrimination based on any irregularity with regard to stay or employment.[[fn:18]] In the Global Compact, States undertook to ensure that migrants, regardless of their migration status, exercise their fundamental rights through safe access to basic services. However, by encouraging States to strengthening migrant-inclusive service delivery systems, it ensures that both nationals and regular migrants are entitled to more comprehensive service provision, while specifying that any differential treatment must be based on law, be proportionate and pursue a legitimate aim, in accordance with international human rights law. The Committee reminds States that, in pursuing the objectives of the Global Compact concerning access to social services, they must be guided by applicable international standards, in particular those established by the Committee itself, the Committee on Economic, Social and Cultural Rights and, from an intersectional perspective, the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities.","labels":["Children","Migrants","Persons with disabilities","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":15,"text":"Convention, arts. 43 and 45."},{"n":16,"text":"Ibid., art. 27."},{"n":17,"text":"Ibid., art. 7."},{"n":18,"text":"Ibid., art. 28."}],"section":["V. Non-discrimination","B. Access to basic social services: social security and housing"]},{"id":"cmw-c-gc-6-0031","docId":"cmw-c-gc-6","idx":31,"n":31,"text":"31. The Committee considers that States must facilitate migrant workers’ access to an adequate standard of living, including through access to decent housing, water and sanitation, food, social protection and health, all of which are linked to the right to life. The Committee reiterates that States may not use social services for immigration control purposes, as this could not only hinder access to these rights and worsen the vulnerable situation of the persons concerned, but also undermine the achievement of social policy objectives. States must establish firewalls, in law and in practice, to ensure that social services do not report immigration status to the authorities responsible for controlling the residence of migrants. The rights set out in the Convention apply to all migrant workers and members of their families, including those in an irregular situation.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination","B. Access to basic social services: social security and housing"]},{"id":"cmw-c-gc-6-0032","docId":"cmw-c-gc-6","idx":32,"n":32,"text":"32. Both the Convention and the Global Compact refer to the right to recognition as a person before the law and identity. The Convention refers to the recognition of all migrant workers and members of their families everywhere as persons before the law.[[fn:19]] The Global Compact recognizes legal identity as a human right.[[fn:20]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":19,"text":"Ibid., art. 24."},{"n":20,"text":"Global Compact, para. 20."}],"section":["VI. Legal personality and identity"]},{"id":"cmw-c-gc-6-0033","docId":"cmw-c-gc-6","idx":33,"n":33,"text":"33. The Convention affirms the need to provide identity documents to all migrant workers and members of their families. The Global Compact encourages States to provide migrants with proof of legal identity and adequate documentation,[[fn:21]] to enable national and local authorities to ascertain a migrant’s legal identity upon arrival, during their stay and upon their return, and to ensure effective migration procedures, efficient service provision and improved public safety.[[fn:22]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":21,"text":"Ibid., objective 4."},{"n":22,"text":"Ibid., para. 20."}],"section":["VI. Legal personality and identity"]},{"id":"cmw-c-gc-6-0034","docId":"cmw-c-gc-6","idx":34,"n":34,"text":"34. Article 29 of the Convention recognizes the right of every child of a migrant worker to a name, to registration of birth and to nationality, regardless of the migration status of the parents. The Committee affirms that legal identity is often a prerequisite for access to various fundamental rights, so that depriving children, particularly those in an irregular situation, of it is likely to increase their vulnerability throughout their lives, especially as it may lead to violations of other rights, such as access to education and health services. Without expressly specifying this right, the Global Compact implies it when it provides that States should make a commitment to ensure that migrants are issued with documentation such as birth certificates.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VI. Legal personality and identity"],"citedArticles":[{"treaty":"CMW","article":"29","source":"regex"}]},{"id":"cmw-c-gc-6-0035","docId":"cmw-c-gc-6","idx":35,"n":35,"text":"35. The Committee has already recommended that States take appropriate measures to protect the children of migrant workers from statelessness. Furthermore, States should adopt effective measures, including legislative reform, to ensure that all births of children of migrant workers on their territory are registered in the civil registry, without discrimination of any kind, including that based on migration status.[[fn:23]] Consequently, the Committee has condemned and considered as a violation of article 29 of the Convention the fact that civil registry offices do not issue birth certificates to the children of migrant workers, whether or not they are in a regular situation.[[fn:24]] For the Committee, States should ensure that women migrant workers and women who are members of the family of a migrant worker are legally able to acquire, transfer, retain and change their nationality on an equal basis with men.[[fn:25]] The Global Compact also encourages States to ensure that women and men can equally confer their nationality on their children and provide nationality to children born in another State’s territory, especially in situations where a child would otherwise be stateless.[[fn:26]]","labels":["Children","Migrants","Non-citizens and stateless","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":23,"text":"CMW/C/MEX/CO/2, para. 40; and CMW/C/MAR/CO/1, paras. 37 and 38."},{"n":24,"text":"CMW/C/EGY/CO/1, para. 34."},{"n":25,"text":"and CMW/C/SYR/CO/2-3, para. 50 (b)."},{"n":26,"text":"Global Compact, para. 20 (e)."}],"section":["VI. Legal personality and identity"],"citedArticles":[{"treaty":"CMW","article":"29","source":"regex"}]},{"id":"cmw-c-gc-6-0036","docId":"cmw-c-gc-6","idx":36,"n":36,"text":"36. According to the Committee, States should provide their nationals living abroad with identity documents or register their births;[[fn:27]] in this regard, it recommended that States provide training to judicial and law enforcement officials in the systematic registration of the births of all children of migrant workers and raise awareness among migrant workers and members of their families about the importance of birth registration,[[fn:28]] particularly for vulnerable populations and in rural areas.[[fn:29]]","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":27,"text":"CMW/C/ECU/CO/2, paras. 35 and 36; and CMW/C/PHL/CO/2, paras. 34 and 35."},{"n":28,"text":"CMW/C/BIH/CO/2, para. 36; CMW/C/AZE/CO/3, para. 46; and CMW/C/CPV/CO/1-3, para. 54; and CMW/C/VEN/CO/1, para. 39."},{"n":29,"text":"CMW/C/BLZ/CO/1, para. 33."}],"section":["VI. Legal personality and identity"]},{"id":"cmw-c-gc-6-0037","docId":"cmw-c-gc-6","idx":37,"n":37,"text":"37. The Global Compact also refers to the need for States to issue adequate, timely, reliable and accessible consular documentation to their nationals residing in other countries, including identity and travel documents, making use of information and communications technology and community outreach, particularly in remote areas.[[fn:30]] In the Committee’s view, consular services should respond effectively to the need for protection of migrant workers and members of their families and, in particular, provide the necessary assistance to persons in detention and promptly issue travel documents to all migrant workers and members of their families who wish or must return to their countries.[[fn:31]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":30,"text":"Global Compact, para. 20 (c)."},{"n":31,"text":"CMW/C/EGY/CO/1, para. 47; CMW/C/BOL/CO/1, para. 28; and CMW/C/PRY/CO/1, para. 41."}],"section":["VI. Legal personality and identity"]},{"id":"cmw-c-gc-6-0038","docId":"cmw-c-gc-6","idx":38,"n":38,"text":"38. The Convention addresses irregular migration as a matter of concern for the rights of migrant workers and members of their families. The Global Compact addresses it as a migration governance issue.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration"]},{"id":"cmw-c-gc-6-0039","docId":"cmw-c-gc-6","idx":39,"n":39,"text":"39. The Convention, while recognizing the notion of irregular migration, affirms that all migrant workers enjoy the same rights,[[fn:32]] regardless of their migration status. The Global Compact, for its part, recognizes the possibility for States to distinguish between regular and irregular migration status, within their sovereign jurisdiction, taking into account different national realities, policies, priorities and requirements for entry, residence and work.[[fn:33]] In the Global Compact, the term “irregular migrants” is used to refer to workers in an irregular situation. The Committee considers the use of this term, like the terms “undocumented” and “illegal”, to describe migrant workers to be inappropriate and tending to stigmatize them by associating them with criminality and recommends that States should avoid using these terms.[[fn:34]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":32,"text":"Convention, arts. 8–35."},{"n":33,"text":"Global Compact, para. 15 (c)."},{"n":34,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 4; and CMW/C/AZE/CO/3, paras. 10 and 11."}],"section":["VII. Irregular migration"]},{"id":"cmw-c-gc-6-0040","docId":"cmw-c-gc-6","idx":40,"n":40,"text":"40. The Committee calls on the States signatories to the Global Compact to draw on the Convention and other human rights instruments to clearly define options and procedures for ensuring and diversifying pathways to regular migration, facilitating mobility – particularly for people in vulnerable situations – and decent work, and optimizing access to basic social services and protection for migrants’ families.[[fn:35]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":35,"text":"Global Compact, para. 21."}],"section":["VII. Irregular migration"]},{"id":"cmw-c-gc-6-0041","docId":"cmw-c-gc-6","idx":41,"n":41,"text":"41. Many migrants do not have regular migration options available to them, but are forced to leave their countries of origin because of factors such as a lack of access to rights, family separation, gender-based violence and inequalities, disasters, and the adverse effects of migration, climate change and environmental degradation. The Convention establishes freedom of movement as a standard under articles 8 and 39, which guarantee, respectively, the right of all migrant workers and members of their families to leave their country of origin for a destination or host country, to settle there or to return, and of those in a regular situation to move freely in the territory of the host State. The Convention calls on States parties to promote sound, equitable, humane and lawful conditions in connection with international migration of workers and members of their families through consultation and cooperation, taking into account not only labour needs and resources, but also the social, economic, cultural and other needs of migrant workers and members of their families, and the consequences of such migration for the communities concerned.","labels":["Migrants","Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","A. Regular migration pathways"],"citedArticles":[{"treaty":"CMW","article":"8","source":"regex"},{"treaty":"CMW","article":"39","source":"regex"}]},{"id":"cmw-c-gc-6-0042","docId":"cmw-c-gc-6","idx":42,"n":42,"text":"42. The Committee emphasized that the lack of protection of the rights of persons in their countries and communities of origin creates conditions of vulnerability which, in turn, constitute increasingly significant obstacles to the safe, orderly and regular migration of these persons. The more vulnerable people are, the less likely they are to be able to exercise, in a regular and safe manner, the fundamental right to leave the country.[[fn:36]] This leads to irregular and dangerous migration processes, including transit through one or more countries and entry to and residence in third countries. At the same time, various factors, also related to conditions of vulnerability, cause people who have entered the country of residence legally to find themselves in an irregular migration situation, thereby increasing their vulnerability.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":36,"text":"Universal Declaration of Human Rights, art. 13."}],"section":["VII. Irregular migration","A. Regular migration pathways"]},{"id":"cmw-c-gc-6-0043","docId":"cmw-c-gc-6","idx":43,"n":43,"text":"43. Similarly, the Committee has emphasized the importance of domestic workers having access to regular migration pathways[[fn:37]] and, together with the Committee on the Rights of the Child, has warned that the lack of options for regular and safe migration contributes to children undertaking extremely dangerous and life-threatening migration journeys.[[fn:38]]","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":37,"text":"See Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 1 (2011)."},{"n":38,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and Committee on the Rights of the Child, joint general comment No. 3/No. 22 (2017), para. 41."}],"section":["VII. Irregular migration","A. Regular migration pathways"]},{"id":"cmw-c-gc-6-0044","docId":"cmw-c-gc-6","idx":44,"n":44,"text":"44. The Committee recommends that States significantly expand and improve channels for regular migration, through legislative and operational measures for their effective implementation, in particular with a view to facilitating the regular migration of persons in the most vulnerable situations and with a need to migrate, while ensuring that the focus is on human rights and humanitarian protection, including gender mainstreaming, disability inclusion and the protection of children and all other social groups facing structural discrimination.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","A. Regular migration pathways"]},{"id":"cmw-c-gc-6-0045","docId":"cmw-c-gc-6","idx":45,"n":45,"text":"45. The Global Compact has drawn timely attention to how pathways for regular migration, including new and expanded regular pathways for admission and stay, can be an effective tool to ensure the protection of migrants and their rights, including for migrants in vulnerable situations.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","A. Regular migration pathways"]},{"id":"cmw-c-gc-6-0046","docId":"cmw-c-gc-6","idx":46,"n":46,"text":"46. Access to regularization is a major challenge for the prevention of irregular migration. According to the Global Compact, establishing accessible and timely procedures for regularization remains the most effective way of preventing irregular migration. The Convention, for its part, states that States should ensure that the irregular situation of migrant workers and members of their families does not persist and that, when there are possibilities for regularizing their situation, the circumstances of their entry, the duration of their stay and other relevant considerations, in particular those relating to their family situation, are taken into account.[[fn:39]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":39,"text":"Convention, art. 69."}],"section":["VII. Irregular migration","B. Regularization"]},{"id":"cmw-c-gc-6-0047","docId":"cmw-c-gc-6","idx":47,"n":47,"text":"47. As formulated in general comment No. 2 (2013), the Committee recalls that regularization is the most effective measure to address the extreme vulnerability of migrant workers and members of their families in an irregular situation. For this reason, States parties should consider policies, including regularization programmes, for avoiding or resolving situations whereby migrant workers and members of their families are in, or are at risk of falling into, an irregular situation.[[fn:40]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":40,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 16."}],"section":["VII. Irregular migration","B. Regularization"]},{"id":"cmw-c-gc-6-0048","docId":"cmw-c-gc-6","idx":48,"n":48,"text":"48. The Convention and the Global Compact thus play an important role in preventing irregular migration by combating the smuggling and exploitation of migrants and members of their families in an irregular situation. Information is critical to preventing irregular migration. The Convention deals with the right to information with regard to the State of origin or the State of employment before departure or, at the latest, on admission to the State. The Global Compact encourages States to ensure that migrants and potential migrants are informed and aware of the risks of irregular migration.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","B. Regularization"]},{"id":"cmw-c-gc-6-0049","docId":"cmw-c-gc-6","idx":49,"n":49,"text":"49. For the Committee, States increasingly resort to repressive measures against migrant workers, leading them to live in fear of being reported, limiting protection of their human rights and their access to justice, and making them more vulnerable to labour and other types of exploitation and abuse.[[fn:41]] According to the Global Compact, sanctions should be proportionate, equitable, non-discriminatory and consistent with international obligations.[[fn:42]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":41,"text":"Ibid., para. 2."},{"n":42,"text":"Global Compact, para. 27 (f)."}],"section":["VII. Irregular migration","C. Non-criminalization"]},{"id":"cmw-c-gc-6-0050","docId":"cmw-c-gc-6","idx":50,"n":50,"text":"50. The Committee believes that irregular migration should not be subject to criminal penalties.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","C. Non-criminalization"]},{"id":"cmw-c-gc-6-0051","docId":"cmw-c-gc-6","idx":51,"n":51,"text":"51. According to the Convention, a balance must be struck between the sovereign power of States parties to control their borders and to regulate the entry and stay of migrants workers and members of their families and the protection of the recognized human rights for all migrant workers and members of their families. According to the Global Compact, coordinated management of national borders can help prevent irregular migration.[[fn:43]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":43,"text":"Ibid., para. 27."}],"section":["VII. Irregular migration","D. Human rights at borders"]},{"id":"cmw-c-gc-6-0052","docId":"cmw-c-gc-6","idx":52,"n":52,"text":"52. The human rights of migrants must be respected in all circumstances, including at borders. The Committee recommends that all States parties to the Convention and signatories to the Global Compact, when developing and implementing border policies, adopt all appropriate measures to ensure that all international standards relating to the protection of human rights at borders are duly taken into account. In particular, the Committee encourages States to take into account, under these policies, the authoritative guidance developed in its general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017) on the general principles regarding the human rights of children in the context of international migration, joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017) on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return and general comment No. 5 (2021) on migrants’ rights to liberty and freedom from arbitrary detention and their connection with other human rights.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","D. Human rights at borders"]},{"id":"cmw-c-gc-6-0053","docId":"cmw-c-gc-6","idx":53,"n":53,"text":"53. Irregular status does not impede the enjoyment of migrants’ human rights. For the Committee, this means ensuring that cooperation between service providers and immigration authorities does not increase the vulnerability of migrant workers in an irregular situation by undermining safe access to basic services or unlawfully violating their rights in centres where basic services are provided.[[fn:44]] Under the Global Compact, States undertook to ensure that migrants, regardless of their migration status, exercise their fundamental rights through safe access to basic services.[[fn:45]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":44,"text":"CMW/C/MAR/CO/1, paras. 29 and 30."},{"n":45,"text":"Global Compact, para. 31 (b)."}],"section":["VII. Irregular migration","E. Access to rights regardless of migration status"]},{"id":"cmw-c-gc-6-0054","docId":"cmw-c-gc-6","idx":54,"n":54,"text":"54. Decent work is defined as employment that respects the basic rights of the human person, safety regulations and adequate remuneration. The Convention provides that the principles of decent work should apply to all workers, everywhere, regardless of their legal status. Considering working conditions from a broad and ethical perspective, it states that it is essential that all migrant workers enjoy an equal right to work. The Convention also recognizes equality of treatment in private law contracts, which should prevent any irregularity arising from the residence and employment status of migrant workers. This is recognized in Sustainable Development Goal 8, which aims to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0055","docId":"cmw-c-gc-6","idx":55,"n":55,"text":"55. The Convention is more specific about respect for rights, finding it unacceptable for a migrant worker or member of his or her family to be imprisoned for failure to comply with contractual obligations and immigration law.[[fn:46]] Similarly, the Global Compact explicitly addresses the need to respect the equal treatment of migrant workers, thereby safeguarding their human rights. The Global Compact is limited to promoting decent work and equity in recruitment.[[fn:47]]","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":46,"text":"Convention, art. 20."},{"n":47,"text":"Global Compact, para. 22."}],"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0056","docId":"cmw-c-gc-6","idx":56,"n":56,"text":"56. Both instruments call for equal treatment in all aspects of employment for all migrant workers and members of their families, regardless of their legal status, taking into account at the same time national legislation and practices.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0057","docId":"cmw-c-gc-6","idx":57,"n":57,"text":"57. With the emergence of a demand-driven economy around the world, labour markets depend primarily on the cheap labour of migrant workers. As a result, they are increasingly employed in service sectors such as food delivery and temporary work. The platformization or outsourcing of migrant workers in host countries leads to increased irregularity, which means more exploitation and less employment and social security. For this group of workers, decent working conditions are a distant goal. Insofar as the two instruments, the Convention and the Global Compact, represent the position of equity at work, this new form of outsourcing and exploitation of migrant workers should be avoided.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0058","docId":"cmw-c-gc-6","idx":58,"n":58,"text":"58. The Global Compact aims to prevent exploitation and abuse by maximizing the socioeconomic contributions of migrants[[fn:48]] through cooperation with public, social and private actors. It promotes transparency in the supply chain and the definition of roles in recruitment and employment.[[fn:49]] The Convention, for its part, deals with forced labour, slavery and servitude, based on the principles of the International Labour Organization (ILO) and the conventions related to slavery. It affirms that no migrant worker or member of his or her family should be held in slavery or servitude.[[fn:50]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":48,"text":"Ibid."},{"n":49,"text":"Ibid., para. 22 (e)."},{"n":50,"text":"Convention, art. 11 (1)."}],"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0059","docId":"cmw-c-gc-6","idx":59,"n":59,"text":"59. According to the Global Compact, the prevention of exploitation and forced labour involves strengthening the capacity of labour inspectors to effectively monitor recruiters and employers in all sectors.[[fn:51]] Similarly, the Convention considers that labour inspectorates play a crucial role in safeguarding working conditions and preventing exploitation. To this end, it has established a number of standards, in particular to eliminate hazardous work by migrant children, to improve working conditions for migrant domestic workers[[fn:52]] and to penalize employers in cases of exploitation, forced labour or abuse.[[fn:53]] Workers’ rights are safeguarded through regular inspections,[[fn:54]] in accordance with the Sustainable Development Goals.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":51,"text":"Global Compact, para. 22 (f)."},{"n":52,"text":"CMW/C/CHL/CO/1, para. 37; and CMW/C/BOL/CO/3, para. 38 (b)."},{"n":53,"text":"CMW/C/ARG/CO/1, para. 22; and CMW/C/MOZ/CO/1, para. 32 (b)."},{"n":54,"text":"CMW/C/ECU/CO/1, para. 31."}],"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0060","docId":"cmw-c-gc-6","idx":60,"n":60,"text":"60. While supporting the social protection of migrant workers, in particular through the mechanisms of portability of entitlements and earned benefits and social dialogue as regulatory strategies, the States parties to the Convention and the States signatories to the Global Compact, taking into account various general comments issued by the Committee and the relevant mechanisms of ILO, will find in the Convention the necessary measures and procedures for employment protection and decent working conditions for all migrant workers and members of their families.","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0061","docId":"cmw-c-gc-6","idx":61,"n":61,"text":"61. The Convention and the Global Compact have affirmed that all migrants, regardless of their migration status, are entitled to the full respect, protection and fulfilment of their human rights. Particular attention is paid to ensuring the human rights of migrants in vulnerable situations, including women, children, persons with disabilities and older persons.","labels":["Children","Persons with disabilities","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0062","docId":"cmw-c-gc-6","idx":62,"n":62,"text":"62. Access to and enjoyment of children’s rights should be ensured on the basis of the principles of non-discrimination, the best interests of the child, the right of the child to life, survival and development, and the right of the child to express his or her views freely and to participate in public life. Particular attention should be paid to the vulnerable situation of unaccompanied and separated children, who face human rights violations and increased risks of sexual exploitation and abuse, military recruitment, child labour (including for their host families), family separation as a result of migration control policies and migration-related detention. Unaccompanied and separated girls are particularly at risk of gender-based violence, including domestic violence, and arbitrary restrictions on access to social services, including in relation to sexual and reproductive rights.","labels":["Children","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0063","docId":"cmw-c-gc-6","idx":63,"n":63,"text":"63. The Committee notes that the Global Compact includes a child-sensitive approach among its guiding principles, promotes legal obligations relating to children’s rights and upholds the best interests of the child as a primary consideration in all matters concerning children in the context of migration. Recalling the scope and general principles of joint general comments No. 3 and No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 of the Committee on the Rights of the Child (2017), the Committee emphasizes that the inclusion of a child-sensitive approach in the Global Compact should lead to provisions on the rights of the child in the context of migration in international human rights law, in particular the Convention on the Rights of the Child, and, in addition, in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and other human rights treaties.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0064","docId":"cmw-c-gc-6","idx":64,"n":64,"text":"64. The Committee emphasizes that, in accordance with the standards set out in joint general comment No. 3/No. 22 (2017), States have reaffirmed that the rights of the child enjoyed primacy in all matters related to migration policies, that children are to be treated first and foremost as children and that their best interests are a primary consideration. The Committee also notes that many provisions of the Global Compact refer to the obligation to protect children’s rights in the context of migration.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0065","docId":"cmw-c-gc-6","idx":65,"n":65,"text":"In the light of these provisions, the Committee recommends that States, when implementing the Global Compact, take into consideration the following standards developed by the Committee and other treaty bodies in the above-mentioned joint general comments: (a) Ensure that child protection authorities play a critical, decision-making role in all policies affecting children’s rights; (b) Prohibit by law and eradicate in practice all migration-related detention of children and families; (c) Respect children’s right to birth registration and nationality, regardless of their migration status or that of their parents; (d) Ensure that migrant children have access to all social services without discrimination based on their nationality and migration status or that of their parents; (e) Implement child-sensitive policies to protect the rights of unaccompanied and separated children at borders; (f) Carry out assessments of the best interests of the child in all migration and asylum procedures and decisions, and respect child-sensitive due process safeguards; (g) Allow the return of a child only after an assessment of the child’s best interests and as a measure to protect the child’s rights; (h) Refrain from separating children from their parents for migration-related administrative offences; (i) Implement child-sensitive, effective, timely and non-discriminatory family reunification procedures.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0066","docId":"cmw-c-gc-6","idx":66,"n":66,"text":"66. The situation of migrant women differs from that of migrant men in terms of the migration routes used, the sectors of the labour market in which they are employed, the forms of abuse to which they are subjected and the consequences and effects of such abuse. As persons facing double or multiple discrimination on the grounds of nationality, migration status, gender − and, in many cases, other intersecting grounds − and their status as women and migrants, migrant women face complex situations, the most significant of which are trafficking and sexual exploitation, the victims of which face barriers to equal treatment in terms of visa regimes for regular migration and residence permits for regularization and to safe and secure employment with equal working conditions.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0067","docId":"cmw-c-gc-6","idx":67,"n":67,"text":"67. All gender-sensitive policies and practices in the implementation of the Global Compact should be guided by international human rights standards and principles, including international standards developed by treaty bodies. Among the key references for States to follow, the Committee highlights the importance of its recommendations to States parties on the rights of migrant workers and members of their families with regard to a gender-sensitive approach, sexual orientation and gender identity, and its general comment No. 1 (2011). In addition, it refers to general recommendations No. 26 (2008) and No. 38 (2020) of the Committee on the Elimination of Discrimination against Women. In the context of countries in conflict, Security Council resolution 1325 (2000) on women and peace and security must also be taken into account.","labels":["LGBTI+","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0068","docId":"cmw-c-gc-6","idx":68,"n":68,"text":"68. The Committee states that the implementation of all migration-related measures should take gender issues into account. This refers to the importance of laws, policies and programmes recognizing and addressing the diverse experiences, needs and vulnerabilities faced by women, men, girls, boys and gender non-conforming persons at all stages of migration, while respecting their human rights and promoting their empowerment, in order to advance gender equality. The full inclusion of women in the formulation and implementation of the Global Compact must be ensured. It is also an obligation under the 2030 Agenda for Sustainable Development, which is based on international human rights law and recognizes the systematic mainstreaming of a gender perspective in its implementation. Target 5.c of the Sustainable Development Goals includes a commitment to adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels.","labels":["Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0069","docId":"cmw-c-gc-6","idx":69,"n":69,"text":"69. The Committee recalls that women’s rights must be safeguarded at all stages of migration. This includes migrant women, women migrant workers and members of their families, in all countries of origin, transit and destination, women who remain in or return to their countries of origin and women affected by migration. Such a broad application is adopted to ensure that women’s rights are considered, promoted and protected at all stages of migration in the context of global structural factors of migration and inequality. Comprehensive measures should be taken to eliminate misconceptions about and negative attitudes towards women’s migration, and to ensure that all migrant women are treated equally and without discrimination based on their migration status, intentions or migration route. Women must have effective access to migration pathways that promote their empowerment and the protection of their rights.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0070","docId":"cmw-c-gc-6","idx":70,"n":70,"text":"70. The Convention recognizes the right of access to justice and due process for migrant workers and members of their families.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0071","docId":"cmw-c-gc-6","idx":71,"n":71,"text":"71. The Global Compact ensures the equality of migrants and nationals before the courts. It specifies that individuals are accountable to laws that are public, equally enforced and independently adjudicated, in accordance with international law.[[fn:55]] It demands respect for the rule of law, due process and access to justice for migrants.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":55,"text":"Global Compact, para. 15 (d)."}],"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0072","docId":"cmw-c-gc-6","idx":72,"n":72,"text":"72. The Committee recalls that migrants have the right to be heard by the competent courts, to lodge complaints and to have access to consular assistance. States have an obligation to investigate abuses and ensure access to justice for all migrants, including those in an irregular situation, women and children.","labels":["Children","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0073","docId":"cmw-c-gc-6","idx":73,"n":73,"text":"73. For the Committee, States must ensure due process and a fair trial for migrants, including on charges unrelated to their status,[[fn:56]] and access to effective remedies in cases of violence and abuse.[[fn:57]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":56,"text":"CMW/C/SYR/CO/2-3, para. 42 (f)."},{"n":57,"text":"CMW/C/TUR/CO/1, para. 42 (b)."}],"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0074","docId":"cmw-c-gc-6","idx":74,"n":74,"text":"74. The detention of migrants as a response to irregular migration is a major concern. The Convention does not mention detention as a last resort, but the Committee emphasizes that any restriction of liberty must be an exceptional measure of last resort, based on an individual assessment in proceedings that respect all procedural safeguards.[[fn:58]] States should cease detaining[[fn:59]] children, families and other migrants in vulnerable situations,[[fn:60]] as well as victims of trafficking, asylum-seekers, refugees and stateless persons. The Global Compact underlines the principle of the exceptionality of detention of migrants[[fn:61]] and promotes alternatives to detention, which must be provided for by law.[[fn:62]]","labels":["Children","Non-citizens and stateless","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":58,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 26."},{"n":59,"text":"CMW/C/CPV/CO/1-3, para. 40 (a)."},{"n":60,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), paras. 43, 49 and 52."},{"n":61,"text":"General Assembly resolution 76/266, annex, paras. 31 and 36."},{"n":62,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 50."}],"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0075","docId":"cmw-c-gc-6","idx":75,"n":75,"text":"75. In implementing the provisions of the Global Compact relating to the right of migrants to liberty and those relating to detention in the context of migration, States should be guided by these standards and other international principles.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0076","docId":"cmw-c-gc-6","idx":76,"n":76,"text":"76. According to the Committee, conditions of detention must respect the rights recognized in the Convention and other human rights instruments.[[fn:63]] Migrants must be treated with humanity, dignity and respect for their cultural identity.[[fn:64]] They must be subject to separate treatment appropriate to their status as unconvicted persons. Children must be separated from adults, be brought as speedily as possible for adjudication[[fn:65]] and be held in separate facilities from convicted persons.[[fn:66]] In line with the Committee’s general comment No. 5 (2021), security personnel in detention facilities should be from the public sector and trained in human rights standards.[[fn:67]] In cases where these personnel are employed by the private sector through subcontracting by States, the State remains responsible for the effective protection of the rights of detained migrants. All migrants have the right to visits,[[fn:68]] and special attention is paid to members of their families.[[fn:69]] The Committee calls upon States to follow the principles set out in its general comment No. 5 (2021).","labels":["Children","Persons deprived of their liberty","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":63,"text":"Ibid., para. 31."},{"n":64,"text":"Convention, art. 17 (1)."},{"n":65,"text":"Ibid., art. 17 (3)."},{"n":66,"text":"Ibid., art. 17 (2)."},{"n":67,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 30."},{"n":68,"text":"Convention, art. 17 (5)."},{"n":69,"text":"Ibid., art. 17 (6)."}],"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0077","docId":"cmw-c-gc-6","idx":77,"n":77,"text":"77. Both the Convention and the Global Compact address concerns about trafficking in persons. The Convention prohibits the subjection of migrant workers and members of their families to servitude,[[fn:70]] drawing on various international instruments,[[fn:71]] while the Global Compact focuses on forced labour and slavery.[[fn:72]] Among these instruments, the United Nations Convention against Transnational Organized Crime and the Protocols thereto, in particular the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,[[fn:73]] are of particular interest to the Committee, which has consistently called for their alignment with the Convention[[fn:74]] and encouraged States to ratify them, as are the ILO Minimum Age (Agriculture) Convention, 1921 (No. 10), and the ILO Forced Labour Convention, 1930 (No. 29). The Committee also draws on other international instruments, such as the United Nations Global Plan of Action to Combat Trafficking in Persons,[[fn:75]] the OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking[[fn:76]] and, occasionally, target 5.2 of the Sustainable Development Goals[[fn:77]] or the Council of Europe Convention on Action against Trafficking in Human Beings.[[fn:78]]","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":70,"text":"Ibid., art. 11."},{"n":71,"text":"Global Compact, paras. 26 (i) and 2, respectively."},{"n":72,"text":"ILO Forced Labour Convention, 1930 (No. 29), and ILO Abolition of Forced Labour Convention, 1957 (No. 105), which both refer to the conventions on slavery."},{"n":73,"text":"Ibid., para. 26 (a)."},{"n":74,"text":"CMW/C/DZA/CO/1, para. 41."},{"n":75,"text":"CMW/C/CPV/CO/1-3, para. 70."},{"n":76,"text":"CMW/C/NIC/CO/1, para. 64 (a); and CMW/C/NGA/CO/1, para. 56 (b)."},{"n":77,"text":"CMW/C/BIH/CO/3, para. 62 (b)."},{"n":78,"text":"CMW/C/ARG/CO/2, para. 51; and CMW/C/RWA/CO/2, para. 54."}],"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0078","docId":"cmw-c-gc-6","idx":78,"n":78,"text":"In view of the problems associated with trafficking in persons, the Committee reiterates the importance for States to: (a) Investigate, prosecute and punish those responsible for the exploitation of migrant workers, regardless of their migration status, especially in the informal economy, in accordance with targets 8.7 and 16.2 of the Sustainable Development Goals; (b) Build capacity and develop cross-border cooperation to end impunity for exploitation; (c) Adopt protective measures, taking into account the vulnerability of victims, through moral and administrative support, and capacity-building measures in the areas of human rights, gender and children’s rights; (d) Offer medical, psychosocial, legal and financial assistance to victims and survivors of trafficking, paying particular attention to the best interests of minors; (e) Build the capacity of all stakeholders, including civil servants, and raise awareness among migrants of the risks and dangers of trafficking in persons; (f) Establish, with adequate funding, alert mechanisms against trafficking in persons and collect information on women and children, and on flows of trafficking in persons and the number of victims.","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0079","docId":"cmw-c-gc-6","idx":79,"n":79,"text":"79. Smuggling of migrants was a particular concern.[[fn:79]] To address smuggling of migrants, the Global Compact draws on the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime.[[fn:80]] The Global Compact urges States to put an end to the impunity of smuggling networks,[[fn:81]] in particular by dismantling them and strengthening joint responses through the sharing of information and intelligence on smuggling routes.[[fn:82]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":79,"text":"Global Compact, para. 25 (f)."},{"n":80,"text":"Ibid., para. 25 (a)."},{"n":81,"text":"Ibid., para. 25."},{"n":82,"text":"Ibid., para. 25 (b)."}],"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0080","docId":"cmw-c-gc-6","idx":80,"n":80,"text":"80. According to the Committee, to prevent smuggling of migrants, it is necessary to distinguish between this type of crime and trafficking in persons in the laws and public policies relating to migration[[fn:83]] and to strengthen international, regional and bilateral cooperation.[[fn:84]]","labels":["Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":83,"text":"CMW/C/BIH/CO/2, para. 4 (a)."},{"n":84,"text":"CMW/C/BFA/CO/1, para. 39 (e); CMW/C/SEN/CO/2-3, paras. 57 (h) and 59; and CMW/C/MRT/CO/1, para. 61 (f)."}],"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0081","docId":"cmw-c-gc-6","idx":81,"n":81,"text":"The Committee calls upon the State party to: (a) Adopt legislative and other measures, while strengthening cross-border cooperation, to monitor irregular migration routes; (b) Ensure that measures taken to combat irregular migration or smuggling of migrants do not undermine the human rights of migrant workers and members of their families; (c) Intensify measures to detect irregular, illegal or clandestine movements of migrant workers and members of their families; (d) Adopt comprehensive measures to assist migrant workers and members of their families who are victims of serious crimes, including victims of rape and gender-based violence, in order to ensure their protection and rehabilitation; (e) Ensure adequate reparation for victims of trafficking, develop projects to help them rebuild their lives or repatriate and encourage civil society organizations to assist them.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0082","docId":"cmw-c-gc-6","idx":82,"n":82,"text":"82. Regarding the criminal justice response to smuggling of migrants, the Global Compact calls for the establishment of smuggling of migrants as a criminal offence when committed intentionally and in order to obtain a financial or other material benefit for the smuggler.[[fn:85]] The Committee recommends that States ensure protection against violations of the rights of migrant workers,[[fn:86]] in particular by prohibiting their criminal prosecution for having been smuggled, even though they may be prosecuted for other violations of national law.[[fn:87]] It recommends revising laws to protect migrant workers against accusations, while taking their status into account rather than focusing on criminalization.[[fn:88]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":85,"text":"Global Compact, para. 25 (d)."},{"n":86,"text":"CMW/C/TUR/CO/1, para. 84; and CMW/C/IDN/CO/1, para. 57 (e)."},{"n":87,"text":"Global Compact, para. 25."},{"n":88,"text":"CMW/C/AZE/CO/3, para. 60 (a)."}],"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0083","docId":"cmw-c-gc-6","idx":83,"n":83,"text":"83. Both the Convention and the Global Compact refer to the transfer of economic resources from the country of settlement to the country of origin or another State and attach great importance to their impact on the sustainable development of the countries of origin. Migrant workers and members of their families have the right to transfer their earnings and savings,[[fn:89]] and their personal belongings and other property,[[fn:90]] and it is the responsibility of States to adopt appropriate measures to channel and facilitate transfers in order to make them faster, safer and less costly. States are encouraged to develop favourable policies and regulatory environments that allow competition, regulation and innovation in the remittance market, and to provide gender-responsive programmes and instruments that strengthen the financial inclusion of migrants and members of their families. In addition, the Global Compact emphasizes the need to promote the International Day of Family Remittances, to harmonize remittance market regulations, to set no limits on the amount of individual transfers, to study informal remittance flows, to invest in the use of technology for sending remittances, to create banking and financial instruments for migrants, and to promote financial literacy, education and training for migrants and members of their families. Both instruments encourage States to ensure that migrant workers and members of their families have access to affordable financial services, to facilitate the transfer of remittances, to channel them and reduce transaction costs, to create the conditions for investments and to direct them towards productive sectors likely to improve the economic situation in the country of origin.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":89,"text":"Convention, art. 47."},{"n":90,"text":"Ibid., art. 32."}],"section":["XII. Remittances, income and savings"]},{"id":"cmw-c-gc-6-0084","docId":"cmw-c-gc-6","idx":84,"n":84,"text":"84. Migrant remittances are an important source of private capital and cannot be equated with other international financial flows, such as foreign direct investment, official development assistance or other public sources of development finance. The Convention and the Global Compact recognize their transformative potential. They help to reduce poverty (Sustainable Development Goal 1), cover the cost of food (Goal 2), housing, health and education (Goals 3 and 4), empower female heads of household (Goal 5), create decent jobs and economic growth (Goal 8), reduce inequality (Goal 10) and build resilience to climate change (Goal 13). They are a vital source of income for migrant families. Lastly, they contribute to the balance of payments and can be used as a catalyst for sustainable development in the country of origin.","labels":["Migrants","Persons affected by natural disasters","Persons living in poverty","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XII. Remittances, income and savings"]},{"id":"cmw-c-gc-6-0085","docId":"cmw-c-gc-6","idx":85,"n":85,"text":"85. Migrants not only transfer money, but also act as a bridge between their country of settlement and their country of origin. Their transformative contribution cannot be focused solely on remittances; it is also synonymous with the transfer of knowledge, skills, experience and cultures, which must be guided, supported and encouraged in the process of sustainable development through the implementation of specific policies. At the same time, in order for the multiplier effect of remittances to be fully effective, it is necessary to develop financial training programmes and enhance the financial education of migrants.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XII. Remittances, income and savings"]},{"id":"cmw-c-gc-6-0086","docId":"cmw-c-gc-6","idx":86,"n":86,"text":"86. While the Convention focuses on the protection of migrant workers and members of their families along migration routes and up to their reintegration in the country of destination, the Global Compact encourages States to provide assistance to migrants in distress. In this sense, the two instruments tend to complement each other. The instruments tend to converge in terms of the return and resettlement of migrants in their countries of origin, particularly with regard to the repatriation of their earnings on favourable terms and of their possessions without customs duties. The Global Compact emphasizes cooperation in facilitating safe and dignified return and readmission and sustainable reintegration.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XIII. Return and reintegration"]},{"id":"cmw-c-gc-6-0087","docId":"cmw-c-gc-6","idx":87,"n":87,"text":"87. The Convention and the Global Compact express similar concerns about the safe return of migrant workers to their countries of origin in compliance with due process. Both instruments prohibit collective expulsion or the return of migrants when there is a risk of death, torture and other cruel, inhuman and degrading treatment. Article 22 of the Convention states that each case of expulsion must be examined and decided individually. The Committee considers that migrant workers and members of their families should be protected in cases where expulsion would constitute arbitrary interference with the right to family and private life, or where international protection is necessary. It called for an examination of the application of the principle of non-refoulement, which prohibits the forcible transfer of persons in any manner whatsoever to countries or territories where they would be at risk of persecution or serious human rights abuses or violations.","labels":["Migrants","Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XIII. Return and reintegration"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-6-0088","docId":"cmw-c-gc-6","idx":88,"n":88,"text":"88. The Global Compact encourages States to uphold the prohibition of collective expulsion and of returning migrants when there is a real and foreseeable risk of death, torture and other cruel, inhuman and degrading treatment or punishment, or other irreparable harm, in accordance with our obligations under international human rights law.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XIII. Return and reintegration"]},{"id":"cmw-c-gc-6-0089","docId":"cmw-c-gc-6","idx":89,"n":89,"text":"89. The Convention and the Global Compact encourage States to conclude bilateral agreements and other arrangements for migrants’ safe return to and reintegration in their countries of origin. In this context, the Convention recommends that the measures taken comply with its provisions. In particular, these agreements and arrangements must include procedural safeguards prohibiting return, expulsion or deportation to their country of origin or a third country. The Global Compact emphasizes the orderly return of migrants and members of their families when they return voluntarily, when their residence or work permit expires or when they are in an irregular situation in the State of employment. It emphasizes the voluntary, free and informed nature of the return of migrants, and access to justice, due process and individual assessment. The Global Compact focuses on the development of comprehensive strategies and programmes for sustainable return and social and cultural reintegration. The impact of return programmes must be documented and monitored and evaluated by independent mechanisms. The return of children must take into account their best interests and the principles identified by the Committee in joint general comments No. 3 and No. 4/No. 22 and No. 23 (2017).","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XIII. Return and reintegration"]},{"id":"cmw-c-gc-6-0090","docId":"cmw-c-gc-6","idx":90,"n":90,"text":"90. The Committee encourages all States to continue their efforts to implement the Global Compact in compliance with the international obligations contained in the Convention and the other core international human rights treaties.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XIII. Return and reintegration"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0001","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":1,"n":1,"text":"1. Human mobility has always been a key aspect of the changes and evolution of societies. In the 2030 Agenda for Sustainable Development, States recognize the positive contribution of migrants for inclusive growth and sustainable development, and the fact that international migration is a multidimensional reality of major relevance for the development of countries of origin, transit and destination.[[fn:1]] Nevertheless, human mobility is increasingly experiencing many challenges, especially as it relates to respect for and the fulfilment of international human rights, universally recognized in the Universal Declaration of Human Rights since 1948. The prohibition of discrimination, a cornerstone of the framework of international human rights law, is being gradually undermined by the treatment of migrants and others perceived as such.[[fn:2]] Indeed, alongside diversity, xenophobia has been growing in many societies.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":1,"text":"General Assembly resolution 70/1, para. 29."},{"n":2,"text":"For the scope of the term “others perceived as such” for the purposes of the present joint general recommendation/general comment, see para. 12 below."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0002","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":2,"n":2,"text":"2. Xenophobia is a phenomenon whereby migrants and persons belonging to various social groups or minorities are portrayed and perceived as others, outsiders or enemies owing to prejudices, stereotypes and negative perceptions and the belief that they threaten the predominant culture, heritage and wealth. This narrative is used to justify their exclusion and marginalization, leading to discrimination on the basis of their status as non-nationals and other intersectional grounds. Xenophobia violates human dignity, and the principles of equality and non-discrimination.","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Introduction"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0003","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":3,"n":3,"text":"3. The Committee on the Elimination of Racial Discrimination and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families are concerned about the escalating impact of xenophobia on the rights of migrants and others perceived as such, through narratives that unfairly target migrants as responsible for social, economic and political problems. Such narratives have been used to justify laws, policies and practices that curtail the human rights of migrants, perpetuating a vicious circle of harm.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Introduction"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0004","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":4,"n":4,"text":"4. As a result of their review of reports submitted by States Parties and in view of the information received from other stakeholders, the Committees are particularly concerned about the influence of xenophobia on laws, policies, practices and mindsets, at variance with international and regional human rights treaties, standards and principles. The Committees considered it relevant to develop joint general recommendations/general comments on xenophobia and its impact on human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Introduction"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0005","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":5,"n":5,"text":"5. The present joint general recommendation/general comment was adopted at the same time as joint general recommendation No. 39 (2025) of the Committee on the Elimination of Racial Discrimination and general comment No. 8 (2025) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families. In that joint general recommendation/general comment, the Committees set out specific thematic guidelines on comprehensive public policies for eradicating xenophobia and its impact on the human rights of migrants and others perceived as such. While that joint general recommendation/general comment and the present one are stand-alone documents, they are designed to complement each other and should be read, interpreted and implemented together.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Methodology and objectives"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0006","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":6,"n":6,"text":"6. The present guidelines draw upon the provisions of both the International Convention on the Elimination of All Forms of Racial Discrimination and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and on the standards developed by both Committees. These joint general recommendations/general comments apply equally to all States Parties to each Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Methodology and objectives"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0007","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":7,"n":7,"text":"The overall objective of the present joint general recommendation/general comment is to provide authoritative guidance for States Parties and all relevant stakeholders on preventing and eradicating xenophobia and its impact on human rights. The specific objectives include the following: (a) Recognize xenophobia as one of the major contemporary challenges to promoting, respecting, protecting and fulfilling the human rights of migrants and others perceived as such; (b) Elaborate on article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination, in accordance with the jurisprudence of human rights bodies, to address the way in which xenophobia leads to racial discrimination; (c) Determine the scope of article 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families with regard to the impact of xenophobia on discrimination in the context of migration; (d) Promote social cohesion and rights-based intercultural integration; (e) Support the implementation of the Durban Declaration and Programme of Action, the Global Compact for Safe, Orderly and Regular Migration and the Global Compact on Refugees; (f) Strengthen existing guidelines for combating hate speech, discriminatory attitudes and discourse that incites unequal treatment, discrimination, violence and social conflicts within and between societies; (g) Contribute to the achievement of a wide range of the Sustainable Development Goals on the basis of the key target of leaving no one behind.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Methodology and objectives"],"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"7","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."}]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0008","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":8,"n":8,"text":"8. For the purposes of the present joint general recommendation/general comment and of joint general recommendation No. 39 (2025) of the Committee on the Elimination of Racial Discrimination and general comment No. 8 (2025) of the Committee on Migrant Workers, the term “migrants” includes all persons who move away from their country of origin across an international border with the purpose of living temporarily or permanently in another country. This term is applicable regardless of the reason for leaving their country, their status in the country of transit or destination or the grounds on which they apply for or obtain a residence permit, such as family ties, employment, studies, asylum or other forms of protection, or regional agreements.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Scope"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0009","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":9,"n":9,"text":"9. While article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination refers to differentiation between nationals and non-nationals, the Committee on the Elimination of Racial Discrimination has clarified that this article must be interpreted in a way that does not undermine the fundamental prohibition of discrimination and should not be understood as limiting or diminishing rights and freedoms, especially those that are specifically recognized in other human rights instruments. In its general recommendations No. 11 (1993) and No. 30 (2004), alongside other decisions, the Committee reaffirmed the obligations of States Parties to ensure non-discrimination in civil, political, economic, social and cultural rights, regardless of nationality.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Scope"],"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination'; regex_default already CERD, confirmed."}]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0010","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":10,"n":10,"text":"10. The Committee on Migrant Workers, in its general comments, and the standards developed by other United Nations treaty bodies and special procedures and regional human rights mechanisms,[[fn:4]] have progressively strengthened the prohibition of discrimination on the basis on nationality.[[fn:5]] The Committees apply the principle of effectiveness (effet utile), whereby the provisions of a treaty must be interpreted in such a way as to enable its most meaningful and effective application.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":4,"text":"See, inter alia, Inter-American Court of Human Rights, Juridical Condition and Rights of Undocumented Migrants, Advisory Opinion, No. 18/2003, 17 September 2003."},{"n":5,"text":"See Committee on Migrant Workers, general comments No. 1 (2011), No. 2 (2013), No. 5 (2021) and No. 6 (2024); joint general comments No. 3 and No. 4 of the Committee on Migrant Workers/No. 22 and No. 23 of the Committee on the Rights of the Child (2017); Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009); and Committee on the Elimination of Discrimination against Women, general recommendation No. 39 (2022)."}],"section":["III. Scope"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0011","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":11,"n":11,"text":"11. The Committees acknowledge that while migrants are generally not nationals of the country in which they temporarily or permanently reside, they may acquire nationality on the basis of various criteria enshrined in the nationality laws of the country concerned, resulting in dual or multiple nationalities. Furthermore, migrants may be or become stateless, either before leaving their country of origin or while in transit or destination countries.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Scope"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0012","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":12,"n":12,"text":"12. The term “others perceived as such” encompasses all persons who are affected by racial discrimination or intersecting forms of discrimination in the context of xenophobia, such as persons and groups who are perceived, treated or regarded as outsiders or foreigners or simply as others, resulting in unequal and discriminatory treatment, including in the enjoyment of their civil, political, economic, social and cultural rights. Structural racism underpins the root causes of social and political processes that perpetuate the othering of community members who were born in and belong to those communities.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Scope"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0013","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":13,"n":13,"text":"13. The term “xenophobia” has been used to describe attitudes, prejudices and behaviour that reject, dehumanize, exclude and often vilify persons based on the fact or the perception that they are outsiders or foreigners with respect to a community, society or national identity.[[fn:6]] Xenophobia denotes behaviour specifically based on the perception that the other is foreign or originates from outside the community or nation.[[fn:7]] According to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, xenophobia exists when individuals or groups of individuals do not enjoy the same rights as the rest of the population because of their real or perceived geographical origin, or when the values, beliefs and/or practices associated with them make them appear as foreigners.[[fn:8]] Xenophobia can be manifested against people with identical physical characteristics, even those of common descent, such as when people transit through or return or migrate to States or areas and are considered as outsiders.","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":6,"text":"International Labour Organization (ILO), International Organization for Migration (IOM) and Office of the United Nations High Commissioner for Human Rights (OHCHR), “International migration, racism, discrimination and xenophobia”, August 2001, p. 2; and OHCHR and Global Migration Group, Principles and Guidelines, Supported by Practical Guidance, on the Human Rights Protection of Migrants in Vulnerable Situations (Geneva, OHCHR, 2018), p. 18. See also Office of the United Nations High Commissioner for Refugees, Guidance on Racism and Xenophobia (Geneva, 2020)."},{"n":7,"text":"ILO, IOM and OHCHR, “International migration, racism, discrimination and xenophobia”, p. 2."},{"n":8,"text":"See A/HRC/32/50."}],"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0014","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":14,"n":14,"text":"14. Xenophobia is both a systemic driver of racial discrimination and a consequence of structural forms of racism and discrimination against migrants and others perceived as such. Xenophobia can entail any act or omission by public officials or institutions or private actors that deprives, prevents or obstructs migrants’ access to public or private services, causing harm and suffering and affecting their human rights, particularly their right to equality. Manifestations of xenophobia include acts of direct and indirect discrimination, incitement to discrimination, hostility or violence, hate crime and incitement to hatred on the grounds of (real or perceived) foreign origin or nationality, including in combination with other grounds, such as race, colour, religion, gender, age, language, sexual orientation, gender identity, socioeconomic status or disability. Likewise, xenophobia leads to discriminatory policies and practices, which restrict access to human rights on the basis of nationality, migration status and other intersectional grounds.","labels":["LGBTI+","Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0015","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":15,"n":15,"text":"15. In the Durban Declaration and Programme of Action, it is recognized that xenophobia constitutes one of the main sources of contemporary racism and that human rights violations against migrants occur widely in the context of discriminatory, xenophobic and racist practices.[[fn:9]] When manifested in acts, xenophobia has very concrete consequences for direct victims, including violence. In addition, the legitimization of xenophobic discourse and narratives can generate symbolic violence by imposing a negative representation of certain groups. More broadly, xenophobia can affect the peaceful coexistence of groups and undermine democratic values and the cohesion of society.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":9,"text":"Declaration, para. 16."}],"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0016","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":16,"n":16,"text":"16. The Committees note that there is an intrinsic intersection between xenophobia and racism, owing to several factors. Xenophobia, including the root causes and human rights consequences thereof, involves processes of racialization and structural patterns of racism and hierarchization. This reality is also linked with the legacy of colonialism and slavery, including systemic asymmetries between and within regions and countries. Racism has played a double role in shaping current trends in human mobility: first, racism and the vivid legacy of colonialism are among the root causes of the inequalities that drive migration; and second, racism is also at the core of many Governments’ responses to human mobility.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0017","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":17,"n":17,"text":"17. For the purposes of the present joint general recommendation/general comment, the term “racialization” denotes the social process of attaching to specific groups negative identities to justify their treatment as worthy of racial domination and persecution. Racialization can lead to particularly harsh migration policies targeting certain migrants on the basis of their purported racial identities and may also serve to rationalize such policies. Immigration policies can be wielded as tools to repress racialized groups. Racialization may also result in nationals being treated as migrants. Narratives against migrants – and subsequent policies and practices – may vary substantially according to race and related grounds of discrimination such as colour, ethnic origin or nationality. The treatment of migrants in transit and destination countries is usually connected with multiple patterns of discrimination on the grounds of race. Multiple forms of violence at borders, narratives criminalizing migrants, de facto and de jure arbitrary restrictions on access for migrants to social services and unequal opportunities for safe and regular pathways for migration generally intersect with racial discrimination.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0018","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":18,"n":18,"text":"18. Approaches to tackle racism should be mainstreamed into migration policies, covering areas such as border governance, the use of border technologies, legal identity processes, the regulation of visas and residence and work permits, and efforts to counter irregular migration and ensure non-discrimination in the enjoyment of all human rights. National and local public institutions working on anti-racism and related areas should play a key role in an intersectoral framework aimed at implementing migration policies. Likewise, measures should be taken to ensure the effective and meaningful participation of civil society organizations, including those representing racialized groups, and of other stakeholders with expertise in racism.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0019","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":19,"n":19,"text":"19. The Committees are of the opinion that a comprehensive policy to eradicate xenophobia, its root causes and negative human rights outcomes should be seen through a decolonial, anti-racist and intersectional lens. Countries of origin, transit and destination should mainstream effective measures to address racism, xenophobia and racial discrimination into policies for tackling the structural causes of migration. Policies for addressing xenophobia must take into account how manifestations of xenophobia and their impact on human rights intersect with racial discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0020","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":20,"n":20,"text":"20. Intersectionality is a basic concept necessary in order to understand the scope of the human rights obligations of States Parties with regard to the elimination of racial discrimination and xenophobia against migrants.[[fn:10]] Taking an intersectional approach means recognizing that the way in which individuals experience discrimination and marginalization is shaped by power relations based on multiple and overlapping factors such as race, ethnicity, nationality, religion, gender, sexual orientation, disability, age, and socioeconomic and migration status.","labels":["LGBTI+","Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":10,"text":"See United Nations network on racial discrimination and protection of minorities, Guidance Note on Intersectionality, Racial Discrimination and Protection of Minorities (Geneva, OHCHR, 2022); Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 18; and Committee on the Elimination of Racial Discrimination, general recommendations No. 25 (2000), No. 28 (2002) and No. 29 (2002)."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0021","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":21,"n":21,"text":"21. The Committees emphasize that in order to effectively eradicate xenophobia, particularly its impact on human rights, an intersectional approach is crucial and indispensable. All policies and measures aimed at addressing xenophobia must ensure a perspective that addresses concurrent narratives, policies and practices that lead to discrimination against migrants and others perceived as such on the grounds of nationality, migration status, migrant background, gender, age, race, ethnicity, disability, sexual orientation, gender identity, religion, colour, socioeconomic conditions, language and other prohibited grounds.","labels":["LGBTI+","Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0022","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":22,"n":22,"text":"22. The Committees stress the need to ensure a gender perspective in order to understand the impact of xenophobia on the human rights of different groups of migrants and others perceived as such and to address that impact in a gender-responsive manner. Women, girls and gender-diverse persons from migrant backgrounds often face compounded challenges, such as workplace discrimination, limited access to healthcare, disproportionate rates of preventable maternal mortality and morbidity, educational barriers, increased risk of genderbased violence, and difficulties obtaining access to legal and social services, as a result of the intersection of xenophobia and gender-based discrimination. Women, girls and gender-diverse persons are particularly affected by the intersection of xenophobia and gender-based discrimination, always having to navigate the patriarchal dynamic that exists both within and external to their families and communities, including those with whom they are on the move.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0023","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":23,"n":23,"text":"23. Men and boys can be disproportionately affected by certain practices, such as racial profiling and racial stereotyping. Ensuring a gender-responsive approach within a comprehensive policy against xenophobia and gender-based discrimination also involves addressing the specific needs and experiences of these groups.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0024","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":24,"n":24,"text":"24. Xenophobic migration policies and narratives contribute to direct and indirect discrimination against women, girls and gender-diverse persons, which may lead to the implementation of laws and policies that are seemingly gender- and race-neutral, but that have the effect of causing those groups disproportionate harm. Discrimination on grounds such as nationality and migration status tend to be expressed in gender-specific ways.[[fn:11]] Similarly, xenophobic practices towards migrant women, men and gender-diverse persons intersect with their ethnicity, marital status, parental status and class, among other grounds of discrimination.[[fn:12]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":11,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 26 (2008), para. 5."},{"n":12,"text":"CMW/C/GTM/CO/2, paras. 26 and 27."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0025","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":25,"n":25,"text":"25. States Parties should take adequate measures to ensure that all elements of migration law and policies are gender-responsive.[[fn:13]] Such measures should cover, inter alia, visa regulations and other channels for regular migration, border governance, policies for the recruitment of migrant workers – including by private agencies – grounds for obtaining a residence permit, and access to economic, social and cultural rights. The measures should be aimed at preventing and removing any discriminatory practices that affect the enjoyment of rights on the basis of gender, including on the basis of sexual orientation, gender identity and expression and sex characteristics. States Parties should review and reform discriminatory nationality laws that restrict or impede women from conferring their nationality on their children, which could lead to statelessness.","labels":["Children","LGBTI+","Migrants","Non-citizens and stateless","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":13,"text":"CMW/C/CHL/CO/2, para. 28."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0026","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":26,"n":26,"text":"The Committees stress that measures should be directed towards addressing and reforming employment and working conditions of migrants, in all sectors and at all skill levels, that are discriminatory on the basis of gender, ethnicity and race.[[fn:14]] Measures should include the following: (a) Repealing any gender-discriminatory provisions against migrant workers, such as the prohibition of pregnancy and childbirth; (b) Ensuring that women are not penalized in any matter or deported for pregnancy or having children; (c) Taking into account the way in which certain factors could lead to labour exploitation and other human rights abuses, particularly against migrant domestic workers, and especially in agreements with recruitment agencies; (d) Adopting bilateral agreements on gender-responsive labour migration by preventing any gender and racial bias in the regulation of visa and admission criteria; (e) Guaranteeing fair recruitment, including by applying a zero-fees recruitment procedure; (f) Regulating the private recruitment industry to prevent discrimination on the basis of race, nationality, gender and ethnicity; (g) Ensuring equal treatment and non-discriminatory access to social protection, including in bilateral agreements on social security; (h) Eliminating gender-discriminatory regulations, such as visa fees for, or additional requirements to be fulfilled by, the dependents of migrant workers; (i) Delinking a dependent family member’s right to live and work in a country from the spouse’s employment or visa status; (j) Facilitating family migration plans to protect the right of migrants to family life and prevent further irregular and risky pathways for family reunification; (k) Ensuring gender-responsive reintegration support and services for returning women migrant workers who are likely to experience social stigmatization.","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":14,"text":"CERD/C/ISL/CO/21-23, paras. 19 and 20."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0027","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":27,"n":27,"text":"27. A narrow response to migration – namely, through a securitizing lens instead of a comprehensive, rights-based and evidence-based one – in particular to migrants in an irregular situation, alongside the absence of safe and regular migration pathways, contributes to gendered, negative consequences. Such a response leads to increased risks of gender-based violence and harassment, including sexual abuse and exploitation, and of trafficking in persons, which women, girls and gender-diverse persons, as well as men and boys, may face in transit and destination countries. Xenophobia, racism, patriarchy, homophobia, transphobia, biphobia and intersexphobia not only aggravate such risks, but also hinder protection, access to justice and social inclusion. The Committees stress that specific measures should be taken to address harmful narratives and policies on irregular migration, which contribute to increased vulnerability of migrants, in particular women and girls, to trafficking in persons, violence and exploitation. Specific measures should ensure the accountability of State security forces involved in such crimes.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0028","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":28,"n":28,"text":"28. States Parties should review their anti-trafficking laws to remove provisions that discriminate against women in law or in practice. In particular, States Parties should eliminate gender bias, age restrictions and discrimination on the basis of parental status in legislation in order to ensure that women, including domestic workers, are able to migrate for work.","labels":["Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0029","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":29,"n":29,"text":"29. States Parties should take adequate measures, with a gender-responsive approach, to reform and strengthen policies, procedures and decisions, including at their borders, to fulfil the right to seek and enjoy asylum and other forms of human rights protection. Such protection should also include the provision of essential services to survivors of gender-based violence and trafficking in persons, such as safe housing, trauma-informed healthcare, specialized legal assistance, reproductive health services and protection from detention in unsafe conditions.[[fn:15]] In addition, it is essential to ensure that gender-diverse persons are supported through policies that respect their gender identity, provide access to genderaffirming healthcare and protect them from discrimination or violence throughout the asylum process.","labels":["LGBTI+","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":15,"text":"See, for example, CMW/C/CHL/CO/2, paras. 27 and 28."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0030","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":30,"n":30,"text":"30. States Parties should take measures aimed at empowering and actively involving all migrants, in particular women and persons with diverse sexual orientations and gender identities and expressions. States Parties should play a key role in the process of developing and implementing a comprehensive policy for the prevention and eradication of xenophobia and its impact on human rights. This process must be inclusive and participatory, empowering and amplifying women’s voices and leadership.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0031","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":31,"n":31,"text":"31. Xenophobia against migrants and others perceived as such particularly intersects with discrimination on the basis of sexual orientation, gender identity and expression and sexual characteristics. Xenophobic policies and narratives, combined with hostile attitudes towards sexual and gender diversity, contribute to increased vulnerability of LGBTIQ+ persons, including increased risks of violence, discrimination and social exclusion.","labels":["LGBTI+","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0032","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":32,"n":32,"text":"32. In accordance with the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity, States Parties should eradicate any barrier based on sexual orientation and gender identity to the enjoyment of human rights by migrants, including migrants in an irregular situation. In addition, measures should be taken to ensure access for migrants to asylum and complementary forms of protection, especially in cases of fear of persecution on the basis of their sexual orientation and gender identity. Measures should be taken to guarantee equal opportunities in order to facilitate their access to employment and labour inclusion.","labels":["LGBTI+","Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0033","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":33,"n":33,"text":"33. The Committees remind States Parties of the need to take all appropriate measures to implement effectively the recommendations of the Committee on the Elimination of Discrimination against Women in its general recommendations No. 26 (2008) on women migrant workers and No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women.","labels":["Children","Migrants","Non-citizens and stateless","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0034","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":34,"n":34,"text":"34. Policies on migration and related areas that are directly or indirectly influenced by xenophobia and racism have a specific impact on the human rights of children, affecting, in a cross-cutting manner, all the human rights recognized for all children by States Parties to the Convention on the Rights of the Child.[[fn:16]] Relevant areas include regulations on visas and residence permits, measures addressing irregular migration in transit and destination countries, migration-related detention policies, requisites for family reunification, restrictions on the enjoyment of economic, social and cultural rights and eligibility for nationality or permanent residency upon attaining adulthood.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":16,"text":"Joint general comment No. 3 of the Committee on Migrant Workers/No. 22 of the Committee on the Rights of the Child (2017), para. 23."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0035","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":35,"n":35,"text":"35. Four core principles of the Convention on the Rights of the Child are children’s right to life, survival and development, their right to be heard and to participate, their right to be protected from all forms of discrimination, and the principle of the best interests of the child. The Committees stress that these four principles are permanently at stake because of migration policies that are influenced by xenophobia, racism and other intersecting forms of discrimination. Consequently, these principles, and the fundamental rights of the child – including the rights to birth registration, to have a name and a nationality, to education, to family life, to physical liberty and integrity, to non-refoulement and to freedom from harm – are arbitrarily violated under narrow and biased policies on migration and related areas.","labels":["Children","Migrants","Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0036","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":36,"n":36,"text":"36. States Parties should take all measures necessary to mainstream children’s rights into migration policies and policies aimed at eradicating xenophobia. Measures to address xenophobia should be incorporated into policies on the protection, development and welfare of children. Specific programmes should be put in place to address xenophobic narratives affecting migrant children, including unaccompanied and separated children and children born to migrant parents or into families with migrant backgrounds. An intersectional approach that is anti-racist and gender-responsive is critical within such measures.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0037","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":37,"n":37,"text":"37. States Parties should take adequate measures to ensure ongoing and meaningful participation by children in the implementation of a comprehensive policy for the eradication of xenophobia and its impact on human rights. The voices of migrant children, including unaccompanied and separated children and children born to migrant parents, should be properly heard by all competent authorities. They must be heard and their views taken into consideration in all tiers and branches of government – at the national and local levels – whenever their rights are affected. Relevant areas include family and child protection and welfare, education, migration, asylum, juvenile justice, law enforcement and social protection. States Parties should firmly refrain from producing or spreading narratives that criminalize and stereotype migrant children, including unaccompanied and separated children. They should also reject social, political or communicational narratives that scapegoat or stigmatize them.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0038","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":38,"n":38,"text":"States Parties should also take the following measures: (a) Develop specialized support services within child welfare and youth policies to meet the needs of migrant children; (b) Foster initiatives to prevent xenophobia and promote social cohesion on digital platforms and in applications directed at children; (c) Strengthen education and professional training on intercultural mediation; (d) Appoint intercultural mediators in facilities of the child protection system, in schools and at the community level, especially in highly culturally diverse cities and neighbourhoods; (e) Promote more inclusive and supportive environments for migrant children and families, including language services; (f) Prohibit by law and eradicate in practice migration-related detention of children and their families; (g) Ensure cultural sensitivity in assessments of the best interests of the child in the context of migration; (h) Reflect the cultural diversity of society within the workforce of child protection agencies; (i) Conduct intercultural activities to promote harmony and appreciation of diverse cultures.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0039","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":39,"n":39,"text":"39. The Committees remind States Parties to take appropriate measures to fully mainstream children’s rights into policies on migration and related areas, observing all the authoritative international standards developed by the Committee on Migrant Workers and the Committee on the Rights of the Child in their joint general comments,[[fn:17]] aimed at guiding policies and practices on children in the context of migration.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":17,"text":"Joint general comments No. 3 and No. 4 of the Committee on Migrant Workers/No. 22 and No. 23 of the Committee on the Rights of the Child (2017)."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0040","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":40,"n":40,"text":"40. In countries whose populations are increasingly diverse owing to human mobility processes, youth policies can play a critical role in preventing and eradicating xenophobia. As evidence on migration has consistently demonstrated, a significant percentage of newcomers to countries of destination are young persons who interact in education facilities, community spaces and workplaces, all key areas where xenophobic narratives and policies can have a severe impact. Measures directed at youth can make a difference in addressing xenophobia in the short and long term.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","C. Youth"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0041","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":41,"n":41,"text":"41. The Committees recommend that States Parties mainstream programmes aimed at building mutual understanding and upholding social cohesion into youth policies at the national and local levels. Intercultural dialogue and migrant youth participation should be fostered as a cross-cutting strategy for developing, implementing and assessing policies directed at young persons. Young migrants or young persons from families with migrant backgrounds, along with other young persons, should be involved in initiatives that address xenophobia, racism and intersecting forms of discrimination. Specific measures should be taken to prevent xenophobia and racism in programmes for promoting youth employment and vocational training and facilitating access to higher education.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","C. Youth"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0042","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":42,"n":42,"text":"42. Xenophobia and its reciprocal relationship with policies that have an impact on the rights of migrants lead to specific consequences for older migrants. Narratives that wrongly depict migrants as a social burden, or speeches proclaiming priority for nationals in terms of access to certain social rights, have led to the imposition of restrictions on migrants’ access to programmes and services directed at older persons, especially those directed at older persons living in vulnerable situations. Nationality, migration status and type and length of residence have been invoked in establishing discriminatory regulations against older migrants, including in social security schemes for both formal and informal workers after retirement.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","D. Older persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0043","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":43,"n":43,"text":"43. States Parties should take all measures necessary to remove any discriminatory provisions within social protection, social security and related policies and programmes for older persons, especially those directed at older persons in vulnerable situations. In addition, the portability of social security rights should be ensured, through specific agreements between States, to ensure equitable social protection for all. Narratives promoting the privileging of nationals within such policies should be expressly combated by the competent authorities.","labels":["Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","D. Older persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0044","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":44,"n":44,"text":"44. The combination of xenophobic and racist narratives against migrants as undeserving of equal rights, and ableist narratives against persons with disabilities as unproductive and a social burden, has led to arbitrary human rights restrictions. Discriminatory treatment includes restrictions on visa access for migrant workers, on family reunification and on any other safe and regular migration channels on the basis of disability, and limitations on access to social protection schemes and to other programmes for persons with disabilities on the basis of nationality, migration status, or type or length of residence.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","E. Persons with disabilities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0045","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":45,"n":45,"text":"45. States Parties must refrain from including disability as grounds for denying or restricting visas or residence permits. Health requirements leading to indirect discrimination against migrants with disabilities must also be avoided. States Parties should adopt adequate measures, including legislative and administrative reforms when needed, to ensure equal access for all migrants with disabilities. Methods of identifying migrants with disabilities, in the context of migration and asylum-seeking procedures and administrative data collection, are key to address their requirements in a timely manner, better protect and facilitate the exercise of their rights and facilitate access to available services. Measures must be taken to ensure that disability-specific policies and programmes entail no discrimination on the basis of nationality, migration status or residence status, including in regard to social protection, health services, employment and labour conditions.","labels":["Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","E. Persons with disabilities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0046","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":46,"n":46,"text":"46. The Committees emphasize that appropriate measures should be designed to closely consult and meaningfully and actively involve migrants with disabilities, through their representative organizations, in the development and implementation of policies and programmes that may affect their rights, including initiatives to address xenophobia.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","E. Persons with disabilities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0047","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":47,"n":47,"text":"47. The Committees recommend the application of the Washington Group short set of questions on functioning to collect data disaggregated by disability status,[[fn:18]] and of the human rights indicators on the Convention on the Rights of Persons with Disabilities developed by the Office of the United Nations High Commissioner for Human Rights (OHCHR) to monitor the measures taken by States to eradicate xenophobia.[[fn:19]] These tools should also be used for reporting to national follow-up mechanisms and international human rights bodies on the measures taken and their outcomes.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":18,"text":"See https://www.washingtongroup-disability.com/question-sets/wg-short-set-on-functioning-wg-ss/."},{"n":19,"text":"See https://www.ohchr.org/en/disabilities/human-rights-indicators-convention-rights-persons-disabilities-support-disability-inclusive-2030."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","E. Persons with disabilities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0048","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":48,"n":48,"text":"48. The structural interdependence of xenophobia and systemic racism leads to profound and intersecting consequences on the rights of migrants of African descent, migrants of Asian descent and their families, particularly affecting those who also face marginalization on the basis of socioeconomic status, religion, gender, sexual orientation and other grounds. Structural inequities in terms of access to visas and residence permits, racial profiling and arbitrary treatment by law enforcement officers, judicial officials and service providers, and barriers and unequal opportunities in policies on education, labour, healthcare and housing are only a few examples of the institutionalized discrimination that they experience.","labels":["LGBTI+","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0049","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":49,"n":49,"text":"49. Women migrants of African descent are often subjected to sexualized stereotypes, gendered and racialized labour inequalities and heightened risks of gender-based violence. For LGBTIQ+ migrants of African descent, these intersecting inequalities result in compounded vulnerabilities and targeted abuse. Such patterns of discrimination are not simply expressions of bias, but they reflect deeply entrenched, structural inequities rooted in race, gender, religion, economic status and sexual orientation. In addition, the discriminatory use of digital technology at borders is particularly harmful to racially marginalized migrant women, even those in a regular situation.","labels":["LGBTI+","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0050","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":50,"n":50,"text":"50. States Parties should take all appropriate measures, within their policies for the eradication of xenophobia, to respect and fulfil all rights of migrants of African descent and their families.[[fn:20]] Measures should be taken to include migrants in policies directed at eradicating racism against people of African descent. States Parties are also urged to report on the measures adopted to promote and fulfil the rights of migrants of African descent, and their outcomes, as part of the activities for the implementation of the Second International Decade for People of African Descent (2025–2034).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":20,"text":"CMW/C/CHL/CO/2, para. 27."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0051","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":51,"n":51,"text":"51. The Committees recommend that States Parties take all measures necessary to ensure the participation of migrants of African descent in the development, implementation and periodic evaluation of policies for the eradication of xenophobia. Specific measures should be taken to include migrants of African descent and their families in data-collection mechanisms under such policies. Initiatives to address xenophobic and racist narratives against migrants and to promote a rights- and evidence-based communication policy on migration should take account of the structural nexus between xenophobia and racism, which affects the rights and living conditions of migrants of African descent and their families.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0052","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":52,"n":52,"text":"52. The Committees emphasize that other racialized groups are among the main victims of xenophobic attitudes, prejudices and policies that have an impact on the rights of migrants and others perceived as such. People of Asian descent and members of Roma communities,[[fn:21]] for example, are directly or indirectly affected by discrimination on the basis of descent or ethnic origin through discriminatory policies on migration and related matters, whether or not they are actually migrants. Likewise, anti-Gypsyism and narratives against other racialized groups have been fuelling narrow, stereotyped and security-based migration policies, which feed such discriminatory sentiments and attitudes.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":21,"text":"CERD/C/MDA/CO/12-14, paras. 27 and 28."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0053","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":53,"n":53,"text":"53. The Committees stress that references to specific social groups in the present general recommendation/general comment do not in any way imply that other racialized communities are not subject to xenophobia through intersecting forms of discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0054","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":54,"n":54,"text":"54. Structural racism has an impact on the lives and human rights of Indigenous Peoples worldwide. One of its consequences is their forced displacement, both internally and internationally,[[fn:22]] in contravention of article 10 of the United Nations Declaration on the Rights of Indigenous Peoples. The root causes of migration by members of Indigenous communities include systemic discrimination, lack of basic opportunities, violation of their right to enjoy their land and ancestral territories, including by extractive industries, structural and institutionalized violence and the specific impact of climate change.","labels":["Persons affected by armed conflict","Persons affected by natural disasters"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":22,"text":"CMW/C/GTM/CO/2, para. 27."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","G. Indigenous communities"],"citedArticles":[{"article":"10","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 10 to the UN Declaration on the Rights of Indigenous Peoples, a non-treaty declaration."}]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0055","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":55,"n":55,"text":"55. The combination of xenophobia and racism negatively affects responses to Indigenous migrants and their families. Discriminatory visa and asylum policies and the lack of language interpretation hamper their safe and regular migration. Arbitrary and racist treatment by law enforcement and other authorities, including service providers and contractors, in countries of transit and destination, and lack of equal opportunities for full social inclusion in host societies, illustrate the impact of xenophobia and racism on their rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","G. Indigenous communities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0056","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":56,"n":56,"text":"56. The Committees are extremely concerned about the impact of xenophobia and racial discrimination on the labour conditions of Indigenous migrant workers, especially those in an irregular situation. The Committees stress that the situation of temporary migrant workers from Indigenous communities, including those from communities living in or close to border areas, is often defined by insufficient recognition of their land rights under international standards – such as the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of the International Labour Organization – by States of origin and destination. The absence of nondiscriminatory labour policies and protective frameworks reinforces structural inequality. The intersection of racial discrimination and xenophobia, and disregard for Indigenous status, exacerbate the risk of labour exploitation, including exposure to hazardous work, wage theft and contemporary forms of slavery. Indigenous migrant women and girls are particularly at risk of intersecting forms of discrimination, including sexual exploitation and gender-based violence.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","G. Indigenous communities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0057","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":57,"n":57,"text":"57. States Parties should take adequate measures to improve the regulation and supervision of the labour conditions of Indigenous migrant workers, regardless of their migration status, and ensure equal access to social protection, remedies and complaint mechanisms. States Parties should also make the appropriate reforms to policies in order to respect the land rights of Indigenous Peoples, including measures aimed at supporting culturally appropriate reintegration, access to justice, and reparations in cases of forced displacement, with particular attention paid to land restitution and community rebuilding.","labels":["Migrants","Persons affected by armed conflict"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","G. Indigenous communities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0058","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":58,"n":58,"text":"58. The Committees recommend that States Parties incorporate the rights of Indigenous communities, fully and in a cross-cutting manner, into policies for the eradication of xenophobia. Intercultural services and programmes are critical components of such policies. Policies and measures should be rooted in intercultural approaches and developed in close consultation with Indigenous Peoples, respecting the principle of free, prior and informed consent. The active participation of Indigenous migrants, including Indigenous-led organizations and representative institutions, in the design, implementation and periodic evaluation of such measures must be ensured. States Parties should recognize and facilitate Indigenous-led migration strategies that are centred on dignity, rights and sustainability, and promote access to education and language rights and the preservation of cultural identity throughout the migration experience.","labels":["Indigenous peoples","Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","G. Indigenous communities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0059","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":59,"n":59,"text":"59. The impact of xenophobia has also been evidenced in the field of statelessness. Restrictive and discriminatory practices on the basis of nationality or migration or residence status, including legislative measures, have led to the statelessness of children born in countries of transit or destination. It is important to recognize the situation of women and girls rendered stateless owing to changes in national borders or definitions of nationality, in particular through laws or practices that do not extend nationality to children born to women with irregular migration status or on the basis of related factors.","labels":["Children","Migrants","Non-citizens and stateless","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0060","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":60,"n":60,"text":"60. The Committees acknowledge that the majority of the world’s stateless population belongs to specific ethnic, religious and minority groups. In many cases, this situation is directly caused by xenophobia and intersectional discrimination in documentation practices. Some laws and administrative practices treat racialized minority groups as if they were foreigners, subjecting them to rules and procedures akin to those applicable in the context of migration.[[fn:23]]","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":23,"text":"CERD/C/RUS/CO/25-26, para. 33."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0061","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":61,"n":61,"text":"61. States Parties should take all appropriate measures, including legislative reforms, to effectively prevent statelessness and ensure the right to a nationality of all children born to migrant parents, regardless of the parents’ migration or residence status. Clear legal safeguards should ensure that no children born or identified in the territory of a State Party remain without a nationality. These safeguards should be applied without any discrimination. In States of transit or destination where the principle of jus soli in the recognition of nationality does not apply, and children born in those States to migrant parents cannot acquire their parents’ nationality, those States should ensure, both by law and in practice, nationality of the country of birth.","labels":["Children","Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0062","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":62,"n":62,"text":"62. The Committees encourage States Parties to promote bilateral or multilateral cooperation mechanisms aimed at preventing and eradicating statelessness among children born in the context of migration, including those born in transit, regardless of their parents’ migration status. Simplified and expedited procedures should be implemented to facilitate birth registration and access to identity documentation. Effective international coordination should be sought to ensure that all children born in transit have the right to a name and to acquire a nationality. Child welfare and protection authorities, along with civil registry offices, should play a leading role. The principle of the best interests of the child should be a primary consideration in guiding such procedures and all decisions on a case-by-case basis.","labels":["Children","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0063","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":63,"n":63,"text":"63. The Committees urge all States Parties that have not yet done so to take the steps necessary to ratify the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness. The Committees also call upon States Parties to take measures to implement the recommendations of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in the report on racial discrimination in the context of laws, policies and practices concerning citizenship, nationality and immigration.[[fn:24]]","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":24,"text":"A/HRC/38/52."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0064","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":64,"n":64,"text":"64. The Committees recommend that States Parties incorporate narratives addressing the nexus between migration and statelessness into their communication initiatives aimed at preventing xenophobia. Such initiatives should be aimed at key stakeholders, including health, civil registration and other service providers, family law tribunals and the general public. States Parties are encouraged to take measures that facilitate the full participation of stateless people and organizations with expertise on statelessness in the implementation of policies against xenophobia.","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0065","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":65,"n":65,"text":"65. In several countries, xenophobic and anti-migrant narratives have primarily targeted certain groups of migrants or others perceived as such on the basis of their professed or perceived religion or belief, affecting their right to freedom of religion or belief and leading to criminalization and other restrictions on human rights. Such effects have been widely evidenced in the field of migration control, including in the practices of law enforcement and judicial authorities. Cases of ill-treatment, arbitrary detention, criminalizing narratives and other abuses have consistently been reported as forms of violence and discrimination against migrants with a particular religion or belief, whether actual or perceived. In some cases, a biased approach to society leads to the perception of inhabitants as others or foreigners, resulting in discriminatory, unequal and even violent attitudes and undermining the right to religious freedom. Stigmatizing narratives portray certain people, on the basis of religion or beliefs, as dangerous or harmful, even linking them to serious crimes such as terrorism. The Committees are particularly concerned about virulent Islamophobia and antisemitism in States Parties.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0066","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":66,"n":66,"text":"66. The Committees strongly recommend that States Parties take all measures necessary to ensure equal treatment for all individuals under their jurisdiction, without distinction on the basis of religion. Measures in areas such as communication and education should recognize cultural, ethnic and religious diversity. It is essential to strengthen policies aimed at addressing the structural inequality experienced by people who, despite being nationals of the country in which they reside, continue to be perceived as others, particularly on the basis of their religion. This stigmatizing representation, in turn, is used to justify restrictive migration policies, which again fuel such prejudices and unequal treatment.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0067","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":67,"n":67,"text":"67. As noted by the Special Rapporteur on freedom of religion or belief, public policies to address xenophobia should recognize religious or belief-based discrimination as an aspect of xenophobic discrimination, along with its legal parameters and prohibitions. This dimension should also be reflected in relevant awareness-raising and educational initiatives, data collection and the provision of community engagement and support services to victims.[[fn:25]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":25,"text":"See https://www.ohchr.org/sites/default/files/documents/issues/racism/cfis/cerd-cmw-jointgc/subm-concept-paper-cerd-un-enti-sr-freedom-religio-elief.pdf."}],"section":["I. Religion and beliefs"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0068","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":68,"n":68,"text":"68. Xenophobia against migrants and others perceived as such intersects reciprocally with multiple forms of discrimination on the basis of class or socioeconomic status. In addition to other grounds for discrimination, class or socioeconomic status is used to construct a stigmatizing and at times even criminalizing representation of migrants, particularly those with irregular migration status.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs","J. Socioeconomic status"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0069","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":69,"n":69,"text":"69. The Committees stress that the intersection of migration, xenophobia and class or socioeconomic status is manifested in the structural causes of human mobility. The lack of channels for safe and regular migration is compounded by discriminatory, selective and unequal approaches, forcing people in vulnerable situations to use irregular and dangerous routes to exercise their rights to leave their countries and seek asylum.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs","J. Socioeconomic status"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0070","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":70,"n":70,"text":"70. The Committees strongly recommend that States Parties, in their efforts to eradicate xenophobia, take measures to address the multiple forms of discrimination on the basis of class or socioeconomic status. Tackling the root causes of migration in countries of origin and the discriminatory aspects of migration policies in transit and destination countries should be at the core of such measures.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs","J. Socioeconomic status"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0071","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":71,"n":71,"text":"71. The Committees stress that xenophobia and the policies that manifest it can intersect with individuals’ health status. Some regulations governing access to visas and residence and work permits do so according to health-related criteria. In some countries, persons living with HIV, tuberculosis, mental health conditions or other specific conditions are excluded from enjoying, or severely restricted in their enjoyment of, a range of human rights in the context of migration.[[fn:26]] The Committees urge States Parties to review regulations with the aim of repealing discriminatory provisions with regard to health conditions that affect the right to leave a country, freedom of movement or the possibility of obtaining a residence permit or regularizing migration status. In doing so, States Parties must ensure that health assessments in the context of migration procedures adhere to the principles of non-discrimination, voluntariness and confidentiality and are conducted in a manner that is consistent with international human rights standards, including that they be rights-based, gender-responsive and culturally appropriate.","labels":["Migrants","Persons living with HIV/AIDS","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":26,"text":"CERD/C/BIH/CO/14-15, paras. 31 and 32; CERD/C/QAT/CO/22-23, paras. 34 and 35; and CMW/C/KGZ/CO/2, paras. 27 and 28."}],"section":["I. Religion and beliefs","K. Health status"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0072","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":72,"n":72,"text":"72. The Committees warn against anti-migrant narratives, particularly prevalent during public health emergencies, that portray migrants as carriers of contagious diseases or other health problems that would affect the population of the destination country. This representation contributes to the legitimization of discriminatory and arbitrary policies that have a harmful impact on the human rights of migrants. The Committees recommend that States Parties refrain from promoting or spreading such narratives, and expressly reject such rhetoric by other actors.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs","K. Health status"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0073","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":73,"n":73,"text":"73. The Committees stress the multidimensional nature of xenophobia. Its causes, manifestations and, especially, its consequences are intrinsically related to several structural factors, spanning a wide range of social, cultural, historical, economic and political aspects. The Committees therefore underscore the requirement for comprehensive and holistic public policies to address xenophobia and intersecting forms of discrimination. In this direction, the Committees recommend that States Parties cover the following key elements in such policies.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0074","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":74,"n":74,"text":"74. States Parties should ratify international and regional human rights treaties and effectively implement the relevant standards to protect the human rights of all persons at risk of xenophobia. States Parties should also establish a comprehensive anti-discrimination legislative framework, taking into account OHCHR guidelines.[[fn:27]] States Parties should reaffirm the prohibition by law of discrimination. This legal framework should incorporate updated international human rights standards and concepts, including the concept of multiple and intersectional discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":27,"text":"Protecting Minority Rights: A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation (United Nations publication, 2022)."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","A. Legal framework"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0075","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":75,"n":75,"text":"States Parties should adopt or strengthen and implement a coherent and comprehensive normative framework to regulate a holistic public policy for eradicating xenophobia and its impact on human rights. Key elements of the legislative scheme include the following: (a) Ensuring that migrants and nationals equally enjoy human rights without any discrimination; (b) Assigning mandates to each competent ministry and secretary; (c) Setting up intersectoral coordination; (d) Institutionalizing civil society participation; (e) Defining short- and long-term goals; (f) Guaranteeing adequate resources, periodic data collection, accountability and follow-up mechanisms.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","A. Legal framework"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0076","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":76,"n":76,"text":"76. The Committees recommend that States Parties forbid and duly sanction by law acts of xenophobia that violate the human rights of migrants and others perceived as such. Such provisions should ensure the duty to interpret and implement legislation with an intersectional approach. States Parties should review and, when needed, reform legislation on migration, asylum, labour, health and other areas, at the national and local levels, that directly or indirectly promotes xenophobia, discrimination and inequality.[[fn:28]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":28,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 30 (2004), para. 7."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","A. Legal framework"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0077","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":77,"n":77,"text":"77. The Committees stress that in order to eradicate xenophobia and its harmful human rights consequences, it is indispensable to ensure the involvement of all institutions and all levels of government. Joint action in areas such as education, communication and media, human rights, equity, gender, social inclusion, human development, healthcare, labour and social protection, internal affairs, justice, migration, housing, child welfare, foreign affairs, culture, civil registry, the economy, security and sports is essential to ensuring a holistic approach.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","B. Inter-institutional approach and intersectoral coordination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0078","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":78,"n":78,"text":"The Committees underscore the importance of promoting specialized, strong and independent public institutions with an explicit mandate to monitor, prevent and address xenophobia, racism and intersecting forms of discrimination.[[fn:29]] Whether separate or forming part of national human rights institutions or national equality bodies, such institutions should, inter alia: (a) Develop research and data-collection initiatives on xenophobia and its causes, manifestations and consequences; (b) Receive and resolve complaints on xenophobic, racist and related incidents; (c) Carry out campaigns against xenophobia and promote intercultural integration; (d) Train and advise other institutions on preventing xenophobia within their respective mandates.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":29,"text":"CERD/C/ZAF/CO/9-11, para. 39."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","B. Inter-institutional approach and intersectoral coordination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0079","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":79,"n":79,"text":"79. States Parties should develop and put in place inter-institutional coordination mechanisms to ensure a holistic approach in policies aimed at eradicating xenophobia. This mechanism should be formally established and endowed with due decision-making power to guarantee the effective implementation of such policies. Measures should be taken to ensure the formal and regular participation of civil society organizations, including those representing migrants and other groups affected by xenophobia and racism.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","B. Inter-institutional approach and intersectoral coordination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0080","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":80,"n":80,"text":"80. The Committees reaffirm that coherence is a core principle of inter-institutional coordination. States Parties should take measures to ensure coherent practices and goals within and between the policies that constitute such a holistic approach. Conversely, measures should be taken to prevent incoherent or contradictory decisions or priorities. For instance, it would be inconsistent to implement policies that promoted migrants’ social inclusion and increased formal employment while imposing barriers to migrants’ access to services and restricting their acquisition of residence and work permits. States Parties should avoid dissonance between migration, labour and other social policies.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","B. Inter-institutional approach and intersectoral coordination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0081","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":81,"n":81,"text":"81. The Committees are of the opinion that effective coordination among national, intermediate and local governments should be a critical component of a comprehensive policy against xenophobia and for the promotion of social cohesion and intercultural integration. The more decentralized a State, the greater the necessity to ensure that there are mechanisms for coordination among all the levels of governance. Legislative and operational measures should be taken to ensure such cooperation.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","B. Inter-institutional approach and intersectoral coordination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0082","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":82,"n":82,"text":"82. Competence in many areas related to racial discrimination is exercised by local government. The Committees, recalling that human rights obligations extend to all levels of government, underscore that local governments should play a significant role within a holistic policy in eradicating xenophobia.[[fn:30]] Cities and other local governments should develop and implement their own comprehensive policies for preventing xenophobia in their communities.[[fn:31]] Central Governments should take measures, including the provision of budgetary support, to assist local authorities in implementing the national policy and plan of action against xenophobia and racism.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":30,"text":"A/HRC/32/50, para. 75."},{"n":31,"text":"CMW/C/ARG/CO/2, para. 29."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","C. Local government"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0083","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":83,"n":83,"text":"The Committees recommend that local authorities promote a rights-based, gender-responsive and evidence-based narrative on migration. Such a narrative should: (a) Stress the importance of multidirectional intercultural integration; (b) Promote memory policies related to the origin and diversity of the communities; (c) Acknowledge migrants’ contribution to and belonging in the community, ensuring that local authorities do not contribute in any manner to xenophobic rhetoric.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","C. Local government"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0084","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":84,"n":84,"text":"84. Local governments should take measures to remove all forms of discrimination from local laws, policies, programmes and practices, ensuring that access to services and rights is not restricted on the basis of nationality, migration status, gender or any other intersectional factors. Furthermore, local governments are encouraged to implement policies to protect migrants and others perceived as such who live in their communities. Such action is especially critical in national contexts marked by growing and worrying levels of xenophobia and racism, including narratives promoting discrimination against and the scapegoating of migrants for deep-rooted societal problems and fears, often for political or financial gain.[[fn:32]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":32,"text":"CMW/C/GTM/CO/2, para. 27."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","C. Local government"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0085","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":85,"n":85,"text":"The Committees recommend that local governments take concrete measures to prevent xenophobia and promote social cohesion, including the following:[[fn:33]] (a) Fostering and financing intercultural community spaces, dialogues and related initiatives, including in the fields of culture, sports,[[fn:34]] the arts, religion, education and recreation; (b) Engaging with and building the capacities of local media to promote responsible reporting on migration, migrants and cultural diversity; (c) Sensitizing all community members to the negative impact of xenophobia, racism and related discrimination against migrants and others perceived as such; (d) Adopting housing policies aimed at preventing social and cultural segregation of communities on the basis of nationality, race and other grounds; (e) Implementing, with international cooperation if needed, welcoming reception and protection policies in the context of humanitarian displacement crises; (f) Establishing, in collaboration with trade unions and employers’ organizations, workplace policies against xenophobia and discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":33,"text":"See also General Assembly resolution 73/195, para. 32 (f)."},{"n":34,"text":"CERD/C/NLD/CO/22-24, paras. 13 and 14."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","C. Local government"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0086","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":86,"n":86,"text":"86. The Committees stress that national and local human rights institutions and equality bodies should play a key role in the continuous assessment and monitoring of policies for eradicating xenophobia, especially with regard to its impact on human rights. States Parties should take adequate measures to strengthen these bodies, including through human and financial resources, in order to ensure their independence and adherence to the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","D. National and local human rights institutions"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0087","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":87,"n":87,"text":"87. National and local human rights institutions are encouraged to create, when appropriate, a thematic department focused on promoting and protecting the rights of migrants and their families. In all cases, institutions should take adequate measures to ensure cross-cutting and genuine inclusion of the rights of migrants and others perceived as such in all thematic areas in which they work.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","D. National and local human rights institutions"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0088","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":88,"n":88,"text":"National and local human rights institutions could promote the following activities, among others: (a) Collecting quantitative and qualitative data; (b) Implementing mechanisms for researching and monitoring xenophobia and racism, including the evaluation of related policies, such as the establishment of observatories; (c) Advising, training and guiding authorities on non-discriminatory policies and practices; (d) Creating effective, accessible, safe and gender-responsive reporting procedures for victims of xenophobia to submit complaints; (e) Submitting judicial complaints from direct victims, individually or collectively, and from third parties against discriminatory provisions in laws and other regulations; (f) Providing legal aid and counselling services to persons affected by xenophobic and related discriminatory incidents or practices; (g) Developing procedures for intercultural mediation; (h) Promoting memory policies related to the origin and diversity of the communities; (i) Supporting inter-institutional dialogue.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","D. National and local human rights institutions"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0089","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":89,"n":89,"text":"89. The Committees encourage regional and global networks of national and/or local human rights institutions to develop and/or strengthen initiatives against xenophobia, racism and all intersecting forms of discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","D. National and local human rights institutions"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0090","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":90,"n":90,"text":"90. The Committees recommend that States Parties take all appropriate measures to ensure the effective participation of civil society organizations, migrants, racialized groups affected by xenophobia, human rights defenders, academia, trade unions, youth, women’s organizations, faith-based groups, local communities, diaspora organizations, grass-roots associations, employers’ organizations and the private sector, among other actors, in efforts to eradicate xenophobia and intersecting forms of discrimination.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","E. Social participation and community engagement"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0091","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":91,"n":91,"text":"91. The Committees recommend that States Parties develop and strengthen policies to support community-led initiatives that empower all groups affected by xenophobia and intersecting forms of discrimination. Such initiatives should enable communities to build resilience, advocate for their rights and actively participate in efforts to prevent, resist and eradicate discrimination. States Parties should take measures to foster community engagement and dialogue, bringing together diverse communities to address xenophobia and racism collaboratively and facilitating opportunities for meaningful interactions, mutual understanding and solidarity-building among all individuals in each community.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","E. Social participation and community engagement"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0092","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":92,"n":92,"text":"92. States Parties should also promote the participation and responsibility of the private sector in the implementation of measures aimed at preventing, addressing and eradicating xenophobia, particularly given its impact on discriminatory practices in the workplace and in areas such as media, housing, health, education, culture and leisure.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","E. Social participation and community engagement"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0093","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":93,"n":93,"text":"93. States Parties have an obligation to ensure judicial review and justice for all migrants, at all times and regardless of their status. The Committees recommend that adequate measures be taken, aimed at all actors within the justice system (including judges, prosecutors and defence attorneys), to prevent xenophobia in administrative and judicial procedures, sentencing and decisions.[[fn:35]] States Parties should promote regular training and related programmes on international human rights law and standards in the context of migration. The Committees stress that all procedural and substantive decisions adopted by judges and other judicial authorities should be free from xenophobia. Such initiatives could include modules that comprehensively address irregular migration, with a view to ensuring that decisions are not influenced by xenophobic and discriminatory rhetoric.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":35,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 31 (2005), para. 5."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","F. Administration of justice"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0094","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":94,"n":94,"text":"94. States Parties should take adequate measures to ensure that incidents of hate crime of a xenophobic, racist or intersectional nature against migrants and others perceived as such are duly investigated, prosecuted and punished by the competent authorities. Such measures should include effective and dissuasive sanctions and protection against retaliation. Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination should be interpreted dynamically in order to ensure that such incidents are effectively investigated and sanctioned.[[fn:36]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":36,"text":"CERD/C/DNK/CO/22-24, para. 19."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","F. Administration of justice"],"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination'; regex_default already CERD, confirmed."}]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0095","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":95,"n":95,"text":"95. The Committees recommend that States Parties take appropriate measures to ensure effective, accessible and safe access to justice for migrants and all victims of xenophobia, racism and intersecting forms of discrimination, regardless of their migration status. Such measures should include setting up effective firewalls to guarantee that service providers will not refer any information on migration status to the migration authorities and related law enforcement agencies. Fear of deportation must not be a deterrent to seeking justice. It is essential for States Parties to take effective measures to empower migrants to report incidents of hate crime without fear of retaliation, ensure due process guarantees and prevent the migrants’ expulsion from the State before the trial is concluded.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","F. Administration of justice"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0096","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":96,"n":96,"text":"96. Appropriate procedural accommodation on the basis of age, gender, disability, language and other grounds should be provided, when necessary, to ensure inclusive administrative and judicial procedures. Spoken language interpretation and accessibility for persons with disabilities should be mandatory, including within migration, asylum and other related procedures within judicial and administrative systems.","labels":["Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","F. Administration of justice"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0097","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":97,"n":97,"text":"The Committees are concerned that xenophobia, racism and intersecting forms of discrimination may lead to arbitrary judicial decisions, especially in criminal proceedings, including in countries where the death penalty is permitted. Migrants and other racialized groups are disproportionately represented among those who are convicted, including those sentenced to capital punishment. The Committees recommend that States Parties, as appropriate: (a) Take measures to eradicate the death penalty, where it is still permitted, and ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; (b) Take appropriate measures until that point to prevent and eliminate any discriminatory impact on the basis of nationality, race, ethnicity, gender, language, religion and other grounds prohibited under the principle of non-discrimination during the entire judicial process, including the investigation phase, the trial, the sentencing and all related decisions; (c) Fully implement the guidelines developed by the Committee on the Elimination of Racial Discrimination in its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","F. Administration of justice"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0098","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":98,"n":98,"text":"98. The Committees recommend that measures be taken to strengthen the capacities of all public bodies involved in eradicating xenophobia. Such measures should also apply to other actors, including workers’ and employers’ organizations, media companies, relevant private actors, community and religious leaders and associations, and the general public.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","G. Capacity-building and awareness-raising"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0099","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":99,"n":99,"text":"States Parties should design and put in place continuing training and awareness-raising initiatives focused on addressing xenophobia and fostering intercultural integration. Adequate measures, including the allocation of resources and periodic assessments of outcomes, should be taken to guarantee that ongoing training programmes constitute critical, cross-cutting tools for the entirety of the public administration at the national and local levels. Within such initiatives, States Parties are also encouraged to build partnerships with civil society organizations, academia, workers’ organizations, international agencies and other experts, faith-based groups, migrants and grass-roots associations. States Parties should promote the active participation of experts and stakeholders in the design, implementation and evaluation of such training programmes.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","G. Capacity-building and awareness-raising"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0100","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":100,"n":100,"text":"100. States Parties should enhance the regular collection of disaggregated data to identify challenges faced by migrants and their families relating to their well-being and integration into society. Data-collection mechanisms must be supplemented by other methods, including censuses, household surveys, labour-force surveys and education surveys. All competent bodies, at the national and local levels,[[fn:37]] should take measures to break down data into different social groups on the basis of prohibited grounds for discrimination. Such measures will allow them to identify and highlight common and specific challenges and barriers that these groups face, and to adapt policies and practices accordingly.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":37,"text":"Durban Declaration and Programme of Action, Programme of Action, para. 92."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","H. Data collection and rights-based indicators"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0101","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":101,"n":101,"text":"101. The competent authorities should compile quantitative and qualitative information on xenophobic attitudes, including verbal and physical violence and harassment against migrants and others perceived as such, and on measures related to victims’ access to justice and redress and the sanctions imposed on perpetrators. As part of the policy for addressing and preventing xenophobia and its negative impact on human rights, periodic polls and surveys should be conducted, with the aim of measuring migrants’ inclusion and intercultural integration, gauging the public’s perceptions and attitudes and gaining a better understanding of the root causes of systemic racism. Particular attention should be given to tracking xenophobia online. Trends should be analysed using an interdisciplinary approach and should be published regularly.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","H. Data collection and rights-based indicators"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0102","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":102,"n":102,"text":"102. States Parties should collect disaggregated data on instances of death, disappearance, arbitrary detention and expulsion of migrants, and other incidents occurring on dangerous migration routes. These data should be systematically analysed to inform measures, including policy reform, to prevent such situations, protect migrants and facilitate access to effective justice and redress mechanisms.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","H. Data collection and rights-based indicators"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0103","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":103,"n":103,"text":"103. The Committees stress the importance of regulation by law and effective implementation of strict data-protection safeguards to ensure that service providers’ data are not accessible or used for migration enforcement or related purposes. Data must be collected, stored and shared in ways that protect privacy and security while adhering to ethical principles, including informed consent, self-identification and confidentiality. Collected data should be used strictly to achieve the objectives of policies promoting equality and preventing xenophobia, racism and discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","H. Data collection and rights-based indicators"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0104","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":104,"n":104,"text":"104. Policies should be put in place to ensure the periodic dissemination of information on the negative impact of xenophobia and intersecting forms of discrimination on migrants, their families and communities, including analysis of the consequences for social integration, human development and other key goals of public policies in multiple areas.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","H. Data collection and rights-based indicators"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0105","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":105,"n":105,"text":"105. The establishment of transparent mechanisms for follow-up, periodic assessment, monitoring and evaluation is a critical aspect of a policy to address xenophobia and its causes and reverse its consequences. The Committees stress the role of independent specialized public agencies in monitoring the implementation of all components of a holistic policy to prevent and eradicate xenophobia, its causes and its effects on human rights. The Committees recommend that national human rights institutions, equality bodies and other independent public bodies competent in related matters – for example, anti-racism and anti-discrimination institutions – take measures, including issuing periodic reports, to assess the progress of the policy and its impact in the short and long term. Initiatives should also involve the participation of civil society organizations, migrants’ associations, local authorities, academia, trade unions, multicultural schools and associations, religious entities, the private sector, employers’ associations and international organizations. Such measures should ensure strong, meaningful, participatory and institutionalized consultative mechanisms.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Follow-up and periodic assessment"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0106","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":106,"n":106,"text":"106. Effective implementation of policies to prevent xenophobia and address its causes and consequences requires that States Parties take all measures necessary to guarantee adequate resources. Allocating appropriate budgetary, human and other resources is critical to the successful execution of all programmes and practices to eradicate xenophobia.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Follow-up and periodic assessment","J. Resource allocation and international cooperation"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0107","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":107,"n":107,"text":"107. Resources directed to policies that address migration through a security lens should be reallocated in order to implement a comprehensive approach, which could contribute to preventing xenophobia and related discriminatory and harmful practices.[[fn:38]] Resources allocated to the criminalization of irregular migration status, administrative migration-related detention and the securitization of border control, which also further encourage stereotyped xenophobic narratives, could be redirected to measures aimed at facilitating regularization channels and promoting social inclusion through appropriate legislation and administrative measures.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":38,"text":"Joint general comment No. 4 of the Committee on Migrant Workers/No. 23 of the Committee on the Rights of the Child (2017), para. 12."}],"section":["I. Follow-up and periodic assessment","J. Resource allocation and international cooperation"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0108","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":108,"n":108,"text":"108. States Parties experiencing increased diversity of their population owing to international migration, especially those coping with significant levels of human mobility over short periods of time, should be supported through international cooperation mechanisms to ensure the allocation of the resources needed to implement a holistic policy for the benefit of entire societies. In particular, they should guarantee effective access to and enjoyment of all human rights without discrimination, including services for the reception and social inclusion of newcomers. International organizations can play an important role by conditioning external funding on compliance with the principle of non-discrimination.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Follow-up and periodic assessment","J. Resource allocation and international cooperation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0001","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":1,"n":1,"text":"1. The present joint general recommendation/general comment was adopted at the same time as joint general recommendation No. 38 (2025) of the Committee on the Elimination of Racial Discrimination and general comment No. 7 (2025) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families on general guidelines for eradicating xenophobia towards migrants and others perceived as such.[[fn:1]] While that joint general recommendation/general comment and the present one are stand-alone documents, they are designed to complement each other and should be read, interpreted and implemented together.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":1,"text":"For the purposes of the present joint general recommendation/general comment, the term “others perceived as such” encompasses all persons who are affected by racial discrimination or intersecting forms of discrimination in the context of xenophobia, resulting in unequal and discriminatory treatment. See also joint general recommendation No. 38 (2025) of the Committee on the Elimination of Racial Discrimination/general comment No. 7 (2025) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, para. 12."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0002","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":2,"n":2,"text":"2. The overall objective of the present joint general recommendation/general comment is to provide authoritative guidance for States Parties to the International Convention on the Elimination of All Forms of Racial Discrimination and/or the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and all relevant stakeholders on developing and implementing measures on thematic areas within a comprehensive policy to eradicate xenophobia and its impact on human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Introduction"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0003","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":3,"n":3,"text":"3. Narratives are powerful, socialized stories created by communities, public actors such as the media, popular culture, social and political figures and the general public to explain and understand the world around them.[[fn:2]] Narratives have played an increasingly prominent role in the field of human mobility, particularly in fuelling xenophobia, its causes and its consequences. Xenophobia is both informed by and informs a combination of narratives, policies, attitudes, prejudices and practices. The constant repetition of a narrow and unfair representation of migration and migrants can cumulatively enable an environment where xenophobic narratives emerge. Consequently, discrimination, xenophobic and racist hate speech and even violence may seem acceptable or legitimate. This chain reaction informs policies and practices which, in turn, feed and multiply these narratives. This toxic combination leads to human rights violations linked to multiple forms of discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":2,"text":"Office of the United Nations High Commissioner for Human Rights (OHCHR), “Seven key elements on building human rights-based narratives on migrants and migration”, June 2024, p. 4."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0004","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":4,"n":4,"text":"4. A key component of a comprehensive policy to address xenophobia is a focus on developing and disseminating a human rights- and evidence-based narrative on migration. Communication policies on migration-related matters entail both positive and negative duties. States Parties should take measures to abstain from directly or indirectly producing or spreading narrow, biased, prejudiced and stereotyped narratives, including those that describe migrants as a problem, threat or risk or in any other dehumanizing manner. Similarly, States Parties should discourage and counter any misinformation and disinformation disseminated by media and digital platforms, which could lead to stigmatization, stereotyping and criminalization, and could promote justification of unequal treatment and discrimination. States Parties should also refrain from associating a particular nationality with particular crimes, and from using expressions such as “migrants are criminals”, “migrants steal jobs”, “migrants disproportionately use social services”, “migrants do not pay taxes” and “migrants bring diseases”.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0005","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":5,"n":5,"text":"5. The Committees note that the misleading use of the term “illegal” to label migrants in an irregular situation, which is not and should not be considered a crime,[[fn:3]] and the ascription of negative characteristics to them are clear indicators of the extent of the spread of stigmatizing and harmful narratives on migration.[[fn:4]] The Committees reaffirm that no human being can be identified as “illegal”. Recalling General Assembly resolution No. 3449 (XXX) of 9 December 1975, on measures to ensure the human rights and dignity of all migrant workers, the Committees strongly urge all States to refrain from using terms such as “illegal”. States should also refrain from overemphasizing legitimate aims, such as public order or safety, to justify measures that arbitrarily or disproportionately undermine migrants’ enjoyment of human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":3,"text":"CERD/C/MAR/CO/19-21, paras. 29 and 30; CERD/C/USA/CO/10-12, paras. 51 and 52; and Committee on Migrant Workers, general comment No. 5 (2021), para. 36. See also Committee on Migrant Workers, general comment No. 2 (2013); and joint general comment No. 4 of the Committee on Migrant Workers/No. 23 of the Committee on the Rights of the Child (2017)."},{"n":4,"text":"Committee on Migrant Workers, general comment No. 2 (2013), para. 2; CERD/C/KOR/CO/17-19, paras. 7 and 8; and A/HRC/23/46/Add.4, para. 72."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0006","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":6,"n":6,"text":"6. The Committees consider that States Parties also have positive duties to formulate and implement rights-based narratives on migration. An evidence-based description of the diversity that has shaped each society, including the historical migration processes and the increasingly dynamic patterns of migration in the contemporary world, is critical. Migrants should be presented as members of the community, not as others or outsiders. States Parties’ communication initiatives should ensure a prominent place for narratives acknowledging the diverse contributions of migrants to the societies in which they live. The Committees urge States Parties to take into account the recommendations of the Office of the United Nations High Commissioner for Human Rights (OHCHR) on building human rights-based narratives on migrants and migration.[[fn:5]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":5,"text":"See OHCHR, “Seven key elements”."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0007","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":7,"n":7,"text":"7. Narratives on international migration and migrants should include measures that describe and provide evidence of the possible negative impact of xenophobia at all levels of the economic, social, cultural and political life of the community. Narratives that promote discrimination against migrants as a means of improving the living conditions of nationals must be critically examined and rejected. On the contrary, rights-based and evidence-based narratives can reinforce the virtuous circle generated by policies addressing xenophobia and its harmful impact.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0008","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":8,"n":8,"text":"8. The Committees note with great concern that migration status has been increasingly used by States Parties to exclude people from the enjoyment of human rights, disproportionately affecting racialized communities. Under no circumstances can irregular migration status in itself be depicted as a threat to public safety or equated with criminal behaviour. States Parties should take specific measures to promote a substantive shift in public narratives concerning migration and concerning persons who are directly or indirectly forced to leave, move or stay in an irregular situation.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0009","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":9,"n":9,"text":"9. In general, it is through no fault of migrants that they fall into an irregular situation. Instead, it is the policy and practice choices made by States Parties – by act or omission – that place migrants in an irregular situation. Structural factors, including racism and gender inequality, also influence existing regulations on the right to leave one country and enter and stay in another in a regular manner. States Parties should ensure that irregular migration and persons with irregular migration status are presented through a comprehensive narrative that highlights the circumstances leading to such a situation or status. Narratives on the regularization of migrants should emphasize that it is a key tool for achieving positive outcomes of multiple public policies, rather than presenting it as an amnesty for people who have committed a crime.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0010","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":10,"n":10,"text":"10. In a world where societies are becoming increasingly culturally diverse owing to human mobility, the media have grown to be a key vector for two contradictory outcomes. On the one hand, they serve to foster intercultural integration, social cohesion and mutual understanding. The media play an important role as a public watchdog, and investigative journalism can play a part in monitoring, reporting on and uncovering laws and policies that further xenophobia, discrimination and racism. On the other hand, the media can be misused to spread misinformation, hate, stereotypes and narrow narratives that lead to social inequalities and conflict. The Committees stress that media actors have a major social responsibility when addressing issues related to migration, migrants and persons perceived as such, especially those from racialized communities.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0011","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":11,"n":11,"text":"11. States Parties should take measures to combat xenophobia and discriminatory stereotypes against migrants in the media,[[fn:6]] including the adoption of appropriate legislation in line with international standards.[[fn:7]] Moreover, they should establish, if not yet in existence, independent public institutions tasked with regulating and monitoring audiovisual and print media to remove xenophobic and racist content and protecting against xenophobic, racial and other forms of discrimination. These institutions should be mandated to promote intercultural, inclusive and evidence-based public communication policies. They should also develop guidance and recommendations for media, digital platforms and other communication actors, including advertisers. Participatory dialogues and consultations with the private media, community radio stations and other stakeholders from the field of communications should be encouraged and facilitated.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":6,"text":"CERD/C/CHL/CO/22-23, paras. 18 and 19."},{"n":7,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013), para. 39."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0012","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":12,"n":12,"text":"12. Taking into account the importance of freedom of expression in democratic societies, the Committees recommend that all media actors, both public and private, adopt codes of conduct and self-regulatory principles and guidelines aimed at ensuring a responsible approach to migration and ethical reporting and advertising.[[fn:8]] Additional measures should reinforce such commitments in specific contexts, including during election campaigns and humanitarian and displacement crises. States Parties should encourage media actors to ensure ethical and responsible reporting on migration, grounded in the principles and standards of international human rights law.[[fn:9]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":8,"text":"CERD/C/AUS/CO/18-20, paras. 13 and 14."},{"n":9,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013), para. 39."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0013","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":13,"n":13,"text":"13. Media guidelines and rules should aim to prevent and address misinformation and disinformation, especially when used to discriminate against or create hostility towards migrants and others perceived as such. The guidelines should also promote the avoidance and rejection of narrow and biased portrayals of migrants in the media, particularly those that predominantly associate migrants with crime-related news coverage. They should raise awareness among media actors to prevent stereotyped approaches. Media actors, including journalists, are encouraged to take into account existing guidelines on responsible reporting of migration, including those developed by the International Organization for Migration (IOM)[[fn:10]] and the International Labour Organization (ILO).[[fn:11]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":10,"text":"IOM, “Media coverage on migration: a practical guide for journalists”, May 2018."},{"n":11,"text":"ILO, “Reporting on forced labour and fair recruitment: an ILO toolkit for journalists” (2020), available at https://www.fairrecruitmenthub.org/resources/reporting-forced-labour-and-fair-recruitment-ilo-toolkit-journalists."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0014","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":14,"n":14,"text":"Media self-regulation should include the commitment to refrain from: (a) Using the word “illegal” to describe migrants in an irregular situation; (b) Highlighting the nationality, ethnicity or religious affiliation of persons when reporting on alleged perpetrators of crime; (c) Alluding to the movement of migrants as an “invasion”, “avalanche”, “wave” or similar terms that could foster negative misconceptions.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0015","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":15,"n":15,"text":"15. The media, in partnership with the competent authorities from national and local governments, international agencies and civil society organizations, including migrants’ associations, academia and workers’ organizations, should promote positive and inclusive storytelling initiatives. Representing migrants as neighbours, parents, students, workers, professionals, caregivers, community leaders or in any other roles that they perform, like any other member of society, would help reduce misconceptions and prejudices, value the contribution that migrants make to society and foster social cohesion.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0016","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":16,"n":16,"text":"16. The lack of migrant voices in media reporting contributes to further othering and dehumanization of migrants. Public and private media actors should take measures to promote the visibility of migrants and others perceived as such in the media, reflecting the cultural diversity of society and avoiding a stereotyped approach. In addition, media actors and journalists should consult migrants, including migrants’ associations and community leaders, when reporting on matters related to migration, especially in cases of news stories or discourse that could fuel xenophobia and its harmful consequences.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0017","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":17,"n":17,"text":"17. States Parties should take measures to support and protect journalists who promote responsible and positive stories about migration and report on violations of the human rights of migrants.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0018","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":18,"n":18,"text":"18. In partnership with media actors, civil society organizations, human rights institutions and other stakeholders, States Parties should promote human rights and anti-discrimination training initiatives targeting journalists and others from the communication sector, including broadcast media, entertainment and other areas concerned.[[fn:12]] The Committees recommend that measures be taken to mainstream pedagogical tools on human rights, migration and xenophobia, racism and other forms of discrimination into the curricula of journalism schools and related fields.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":12,"text":"CERD/C/KOR/CO/17-19, paras. 7 and 8; and CERD/C/LTU/CO/9-10, paras. 11 and 12."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0019","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":19,"n":19,"text":"19. Private actors running or managing digital platforms, including social networks, have an important social responsibility to prevent and eliminate xenophobia, racism and other expressions of hate and discrimination against migrants and others perceived as such in virtual spaces. Indeed, algorithms and other digital platform tools may contribute to spreading and magnifying xenophobia and racism, including hate speech. The Committees therefore recommend, in line with general recommendation No. 35 (2013) of the Committee on the Elimination of Racial Discrimination,[[fn:13]] that these actors, including Internet service providers, engage in effective self-regulation and adopt guidelines and codes of ethics to prevent and address such manifestations,[[fn:14]] while respecting the right to freedom of opinion and expression.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":13,"text":"General recommendation No. 35 (2013), para. 42."},{"n":14,"text":"CERD/C/MAR/CO/19-21, paras. 17 and 18."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","C. Social networks and other digital platforms"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0020","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":20,"n":20,"text":"20. States Parties should take steps to prohibit, prevent and monitor online hate speech against migrants and others perceived as such, and to ensure that all reported cases are effectively investigated and duly prosecuted and punished.[[fn:15]] They should develop policies to encourage private actors to effectively put in place guidelines, including regulations for prohibiting and sanctioning hate speech, and to prevent and address xenophobia and related forms of discrimination on those platforms. In addition, States Parties should take measures to implement the Guidelines for the Governance of Digital Platforms, developed by the United Nations Educational, Scientific and Cultural Organization, and the Guiding Principles on Business and Human Rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":15,"text":"CERD/C/BEL/CO/20-22, paras. 18 and 19; CERD/C/COL/CO/17-19, paras. 10 and 11; and CERD/C/LUX/CO/18-20, paras. 17 and 18."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","C. Social networks and other digital platforms"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0021","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":21,"n":21,"text":"21. The Committees recommend the creation of a working group composed of representatives of the public security sector, Internet service providers, digital platforms, government entities, international organizations, civil society, national and local human rights institutions, public bodies for combating xenophobia, racism and related forms of discrimination, and migrants and members of racialized groups. This multi-stakeholder framework could develop measures and guidelines to prevent and address xenophobia and racism online, including proactive mechanisms for the timely dismantling of fake news aimed at stigmatizing or criminalizing migrants and others perceived as such.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","C. Social networks and other digital platforms"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0022","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":22,"n":22,"text":"22. The competent authorities should develop initiatives to play an active role in social networks to address and prevent xenophobia and promote a comprehensive narrative on migration. States Parties should support digital technologies designed to prevent xenophobia and promote intercultural integration, including tools accessible to migrants with disabilities.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","C. Social networks and other digital platforms"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0023","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":23,"n":23,"text":"23. Considering the increasing relevance of the digital environment in children’s lives, the Committees recommend that States Parties take all measures necessary to implement the authoritative guidelines developed by the Committee on the Rights of the Child in its general comment No. 25 (2021).","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","C. Social networks and other digital platforms"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0024","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":24,"n":24,"text":"24. A comprehensive policy for eradicating xenophobia must include legislative, operational and other measures aimed at identifying, prohibiting and sanctioning organizations and other groups that promote, incite or commit xenophobic and intersectional violence against migrants and others perceived as such. The Committees encourage States Parties to integrate fully into all relevant policies the authoritative guidance developed by the Committee on the Elimination of Racial Discrimination in its general recommendation No. 35 (2013) on combating racist hate speech. The Committees also recommend that measures be taken to implement the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","D. Hate speech and xenophobic violence"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0025","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":25,"n":25,"text":"The Committees stress the importance of taking legislative measures and implementing operational programmes in order to effectively ensure access to justice and redress schemes by victims of xenophobia and hate speech and violence. Specific initiatives should guarantee due process, including access to legal aid, for victims in all administrative and judicial proceedings affecting them. Safe channels for reporting must be ensured. Additional measures to promote multisectoral assistance for victims of xenophobic crimes should include the following: (a) Providing mental health and psychological support; (b) Ensuring accessible, child-friendly, culturally sensitive and gender-responsive mechanisms; (c) Tackling language barriers and taking into account the specific needs of persons with disabilities; (d) Ensuring that procedural costs do not dissuade victims from seeking compensation; (e) Allocating adequate resources.","labels":["Children","Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","D. Hate speech and xenophobic violence"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0026","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":26,"n":26,"text":"26. Groups promoting verbal or physical xenophobic hate and violence also target associations of migrants, defenders of the rights of migrants, including organizations saving lives in migration corridors and providing humanitarian assistance, and other social actors. Adequate measures should be taken to protect them, ensuring an intersectional approach and taking into consideration the particular role of women human rights defenders.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","D. Hate speech and xenophobic violence"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0027","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":27,"n":27,"text":"27. The education environment can be another space where prejudices and related discrimination are spread and experienced. Nevertheless, it is also a privileged context for addressing these issues and implementing policies aimed at building bridges between cultures from an early age. The Committees stress that such measures within education policies are critical to the success of efforts to counter the impact of xenophobia, dismantle its causes, build inclusive societies and promote social cohesion and intercultural integration in increasingly diverse societies.[[fn:16]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":16,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013), paras. 31 to 34; and CERD/C/USA/CO/10-12, paras. 57 and 58."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","E. Education as key to eradicating xenophobia and promoting social cohesion"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0028","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":28,"n":28,"text":"States Parties should mainstream migration and cultural diversity, taking a rights-based and holistic approach, into education curricula at all levels – primary, secondary and higher – in both formal and informal learning spaces and at the national and local levels of government. Specific measures should be taken to include such themes and approaches in the curricula of professional degrees in education, and in continuing training programmes for teachers, teacher trainers and other education sector workers, to ensure culturally and ethnically sensitive teaching practices.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","E. Education as key to eradicating xenophobia and promoting social cohesion"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0029","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":29,"n":29,"text":"Initiatives should be promoted by the competent authorities in education, anti-discrimination and other relevant areas to develop and incorporate textbooks, educational tools and activities for each level and age group. These materials should aim to promote intercultural understanding and address and prevent xenophobia and racism, including colonial stereotypes.[[fn:17]] Appropriate resources should be allocated to implement effectively all the pedagogical tools and activities needed to achieve these goals. The history and legacies of colonization and chattel slavery should be part of the basic education curriculum in every State Party as a critical method of addressing xenophobia and its harmful impact.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":17,"text":"Joint general comment No. 4 of the Committee on Migrant Workers/No. 23 of the Committee on the Rights of the Child (2017), para. 63."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","E. Education as key to eradicating xenophobia and promoting social cohesion"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0030","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":30,"n":30,"text":"30. States Parties should develop initiatives to foster community-wide engagement in schools and informal learning centres, aimed at preventing xenophobia and promoting social cohesion and mutual understanding. The Committees recommend that States Parties take and effectively implement adequate measures to promote programmes in schools that reflect the cultural diversity of society. Adequate measures should be taken to prevent segregated school systems, which can hamper intercultural integration[[fn:18]] and lead to social conflict, hate and related harmful outcomes.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":18,"text":"CERD/C/ISR/CO/17-19, paras. 40 and 41."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","E. Education as key to eradicating xenophobia and promoting social cohesion"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0031","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":31,"n":31,"text":"31. Education institutions and other competent authorities should take measures, including legislative reforms, to encourage, allow and facilitate the incorporation of migrant teachers and other education workers into the educational system. Barriers, including discrimination on the basis of nationality, race, ethnicity, gender, religion and other grounds, should be removed.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","E. Education as key to eradicating xenophobia and promoting social cohesion"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0032","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":32,"n":32,"text":"32. Inaccurate, false or harmful narratives about migrants and their cultures, or narratives that ignore or make invisible existing ethnocultural diversity, can fuel discrimination, resentment and even violence. They can also lead to migrants being ignored and undermined in the community in which they live. Rights-based, gender-responsive and culturally sensitive cultural policies can make an essential contribution to eradicating xenophobia.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","F. Cultural policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0033","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":33,"n":33,"text":"33. States Parties should develop policies at all levels to promote and facilitate the participation of migrants and others perceived as such in all aspects of cultural life, in order to strengthen and highlight their belonging to the community in which they live. States Parties should remove all barriers to the equal participation of migrants in all aspects of cultural life, including theatre, cinema, painting, music, radio, television, digital platforms and festivals, as a manifestation of the ethnocultural diversity of the society.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","F. Cultural policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0034","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":34,"n":34,"text":"34. According to article 13 (2) of the Universal Declaration of Human Rights, article 5 (d) (ii) of the International Convention on the Elimination of All Forms of Racial Discrimination and article 8 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, everyone has the right to leave any country, including one’s own. In the Global Compact for Safe, Orderly and Regular Migration, States committed to enhancing the availability and flexibility of pathways for regular migration, including initiatives to respond to the needs of migrants in vulnerable situations. The Committees are aware that there is a direct relationship between, on the one hand, the nexus between racism and xenophobia and, on the other, restrictive policies that hinder or obstruct regular channels for the safe and regular enjoyment of the right to leave the country. In many countries, policies that restrict visas and other regular migration channels on the basis of different factors – for example, work, family reunification or protection-related grounds – have been directly and indirectly informed by prohibited grounds of discrimination. These restrictions have a direct impact on persons with a pressing need to flee their countries owing to deprivation of their human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"],"citedArticles":[{"article":"13","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly attributes art. 13(2) to the Universal Declaration of Human Rights, a non-treaty instrument."},{"article":"5","paragraph":"d","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5 (d) (ii) of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"8","treaty":"CMW","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 8' of the Migrant Workers Convention, which provides the right to leave any country."}]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0035","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":35,"n":35,"text":"35. A comprehensive policy for eradicating xenophobia should include a thorough review of regulations on visas, entry and residence permits. Removing requirements and barriers imposed on the basis of nationality, race, ethnicity, gender and other grounds of discrimination is an essential step towards actually facilitating regular, effective, affordable and accessible pathways. Rights-based and humanitarian protection-based pathways should mainstream and amplify such regulations. Family reunification procedures should be accessible and exempt from all forms of discrimination, including on the grounds of socioeconomic status and labour skills. These procedures should primarily be aimed at protecting the right to family life, children’s rights and other related rights. Enabling migrant workers to change to a different type of visa or residence permit should also be facilitated, without discrimination.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0036","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":36,"n":36,"text":"36. Throughout the past few decades, policies have increasingly contributed to making irregular migration one of the structural characteristics of human mobility. For many people, irregular migration has become one of the few actual pathways, if not the only one, for exercising their right to leave their country and to seek and enjoy asylum. The Committees are of the opinion that irregular migration status is a clear indicator of a person in a vulnerable situation owing to rights deprivation and discrimination, rather than a person with a tendency to break the law.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0037","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":37,"n":37,"text":"37. The Committees are alarmed about evidence of the outcomes of narratives and practices to address irregular migration through the lens of combating crime. Measures in this direction include the escalating militarization of migration routes, including at borders, in international waters and in the territory of countries of origin and transit countries.[[fn:19]] The results include the tragic increase among migrants of cases of death, disappearance – including enforced disappearance – kidnapping, sexual assault, beating, detention and many other abuses, by State and non-State actors. Instead of reinforcing restrictive and securitized responses focusing on migration control, therefore, States Parties should develop policies to fulfil migrants’ rights without any discrimination.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":19,"text":"CERD/C/KOR/CO/20-22, paras. 17 and 18; and CERD/C/MEX/CO/18-21, paras. 34 and 35."}],"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0038","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":38,"n":38,"text":"38. The Committees reaffirm the principle of non-criminalization of irregular migration. The irregular entry, transit or stay of migrants cannot be considered a crime. The criminalization of irregular migration will therefore always exceed the legitimate interests of States in governing human mobility. Such situations can solely be considered administrative infractions. The Committees underscore the need to address irregular migration from a comprehensive rights-based and humanitarian perspective. States Parties should take measures to guarantee the right to seek asylum regardless of irregular entry into a country, and other human rights that could be at stake in the context of entry, residence application, return and other migration procedures.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0039","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":39,"n":39,"text":"39. The Committees recommend that States Parties thoroughly review policies and operational measures in order to assess whether they may contribute to increasing the risks that people face in migration corridors. These assessments should cover the connection between the lack of regular pathways, the securitization of measures and the increase in irregular and unsafe routes and their human consequences.[[fn:20]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":20,"text":"CMW/C/MEX/CO/3, paras. 35 and 36; CMW/C/MEX/QPR/4, para. 14; and CMW/C/MEX/CO/4, paras. 33 and 34."}],"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0040","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":40,"n":40,"text":"40. The Committees recommend that States Parties take all measures necessary to prevent any form of violence, racial discrimination and ill-treatment of migrants in transit and at borders regardless of migration status, and to ensure accountability for State and non-State actors who perpetrate such acts. States Parties should put in place and strengthen search and rescue operations in unsafe migration corridors on land or at sea, in line with human rights obligations and those arising from the International Convention on Maritime Search and Rescue. They should take measures, by law and in practice, to support humanitarian organizations and human rights defenders that carry out such activities, refraining from taking measures that could in any way impede or criminalize the assistance that they provide.[[fn:21]] Administrative authorities, particularly those focused on protecting people in vulnerable situations, rather than security or armed forces, should have a primary role within policies and procedures concerning migrants in transit. In addition, independent institutions should assess in depth the factors leading to the increase in cases among migrants of death, enforced disappearance and other human rights violations or tragedies in transit. Adequate measures should be taken to determine responsibilities, grant victims access to justice and reparation and ensure safeguards of non-repetition.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":21,"text":"CERD/C/ITA/CO/21, paras. 18 and 19; and OHCHR and Global Migration Group, Principles and Guidelines, Supported by Practical Guidance, on the Human Rights Protection of Migrants in Vulnerable Situations (Geneva, OHCHR, 2018), principles 13 and 18. See also A/73/216, para. 28."}],"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0041","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":41,"n":41,"text":"41. Xenophobia has also influenced the policies to address the aforementioned dramatic consequences. Narratives often disregard these tragedies, ignore the identity and history of each victim, dehumanize the victims, blame migrants and evade discussions on the root and policy-based causes of irregular and unsafe migration. Policies lack measures to ensure culturally sensitive treatment of victims, identify them, contact their families and facilitate fulfilment of their relatives’ rights to grief and mourning,[[fn:22]] to know the truth and to seek justice and redress, including through transnational justice mechanisms. The Committees encourage States Parties to take all measures necessary to implement the guidelines developed by the Committee on Enforced Disappearances in its general comment No. 1 (2023) on enforced disappearance in the context of migration.[[fn:23]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":22,"text":"A/72/335, para. 71."},{"n":23,"text":"See also Recommendation 2284 (2024) of the Parliamentary Assembly of the Council of Europe on missing migrants, refugees and asylum-seekers."}],"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0042","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":42,"n":42,"text":"42. The Committees recall the extraterritorial character of human rights obligations in any circumstance in which State agents exercise effective authority over procedures, actions and decisions that affect human rights. Migration control activities beyond the territory of States Parties fall under their jurisdiction, according to international human rights law. Measures must be taken to ensure that human rights duties are fully respected, including the prohibition of refoulement. Due process guarantees in such procedures must be ensured. Practices such as interception, pushback and other similar measures that lack these basic guarantees and fail to meet human rights obligations should be banned and eradicated, including when implemented under practices and agreements on bilateral cooperation.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0043","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":43,"n":43,"text":"43. States Parties are urged to take legislative and other measures to protect migrants in transit who are victims of crimes. Programmes intended to ensure that they and their relatives have access to justice should be effectively realized, including through transnational justice mechanisms and cooperation initiatives on justice and other areas. Measures to facilitate their access to appropriate redress should be reinforced, or put into place where they are lacking.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0044","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":44,"n":44,"text":"44. The Committees note the positive outcomes of regional agreements aimed at facilitating freedom of movement by recognizing the right of entry and stay of migrants from other countries in the region. The Committees call on States Parties to expand and strengthen these practices. Legislative and operational measures aimed at adopting a broader definition of the term “refugee” at the regional level should also be enhanced and expanded. These good practices should not lead to discriminatory treatment against migrants from other regions, especially in regard to the effective enjoyment of the right to seek asylum, the right to family life and other rights enshrined in international human rights and humanitarian law.","labels":["Persons affected by armed conflict","Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0045","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":45,"n":45,"text":"45. Borders can be particularly dangerous for migrants. National laws and administrative regulations sometimes wrongly characterize borders as zones of exclusion or exception for human rights obligations. Harmful and xenophobic narratives, often fuelled by anxieties about national security, have contributed to more restrictive border-management practices, which in turn reinforce xenophobia. A security approach to border-control procedures and decisions has led to measures that fail to take account of human rights obligations and to fulfil the basic standards of transparency of State action. The risk of violations of human rights, including the rights to life and to be protected from enforced disappearance, torture and other cruel or inhuman treatment, is thus greater at borders.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0046","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":46,"n":46,"text":"The Committees recommend that States Parties develop a comprehensive and rights-based narrative to inform measures to regulate migration policies and practices at borders. The Committees urge States Parties to take all measures necessary to mainstream into such policies all international human rights standards, taking into account the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders. States Parties should effectively respect and fulfil all due process guarantees, including access to justice and effective remedies, in the context of expulsions and other measures of forced return.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0047","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":47,"n":47,"text":"47. Collective expulsion and pushback must be prohibited, as has been evidenced by both Committees and by several other United Nations human rights mechanisms.[[fn:24]] Such measures violate the right to individual assessment of protection needs, the principle of nonrefoulement, the right to seek asylum and the duty to ensure due process guarantees. States Parties should also take strong measures to prevent any form of violence and illtreatment against migrants during border procedures, including racist and gender-based violence, and to investigate any reported cases of such practices, facilitate victims’ access to justice and redress and establish non-repetition mechanisms.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":24,"text":"CERD/C/IRN/CO/20-27, paras. 38 and 39; CERD/C/MDA/CO/12-14, paras. 25 and 26; CERD/C/BIH/CO/14-15, paras. 31 and 32; and CMW/C/TUR/CO/2, paras. 31 and 32. See also A/HRC/47/30."}],"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0048","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":48,"n":48,"text":"48. The reciprocal connection between xenophobic narratives and migration policies has also influenced the expulsion of migrants owing to their irregular status through procedures that lack critical human rights standards, including due process guarantees. Such measures, effectively punitive in nature, have the potential to affect several rights at stake depending on the case, including the rights to work, housing, social security, wages, family life and health and the right of children not to be separated from their parents or primary caregivers, among many others.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0049","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":49,"n":49,"text":"49. In irregular situations – those related to irregular entry or stay – States Parties should primarily take alternative measures to expulsion. Priority should be given to pathways for regularization on the basis of human rights duties, humanitarian considerations and other related grounds. If any sanction is to be imposed, States Parties must respect the principle of proportionality between the infraction, its effects and the sanction. Expulsion should, as a general rule, be a last resort. In such a situation, States Parties should strengthen guidelines, training and related policies aimed at ensuring that both administrative and judicial authorities are fully aware of their obligations with regard to human rights and of their legal obligations.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0050","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":50,"n":50,"text":"50. The use of digital technologies at borders often amplifies existing human rights concerns and enables them to be manifested in new ways. This effect is particularly stark where border governance is influenced by xenophobia and racism, seeking to achieve security-focused rather than protection-focused objectives. The intrinsic relationship between xenophobia and biased policies has influenced the development and use of digital technologies for the purposes of migration control, at borders and beyond, in the context of growing securitization and, in some cases, militarization, and their harmful consequences. The discriminatory use of digital technologies at borders is particularly harmful to members of racialized groups, even those with regular migration status.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0051","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":51,"n":51,"text":"51. States Parties should take measures to mainstream into policies against xenophobia all the standards developed by the Committee on the Elimination of Racial Discrimination in its general recommendation No. 36 (2020) on preventing and combating racial profiling by law enforcement officials. In the field of border control and in other matters related to migration, States Parties should take all measures necessary, including legislative measures, to ensure that the design, deployment and use of artificial intelligence systems and digital technologies comply with such standards. In particular, they must protect people from discrimination or profiling, including on the grounds of race, colour, descent or national or ethnic origin.[[fn:25]] States Parties are also encouraged to adhere to the principle of data minimization and purpose limitation, including reviewing any areas of data repurposing and the compatibility of any large-scale or interoperable databases with such principles. Specific measures should be taken to ensure that clear firewalls are in place between borderenforcement agencies and other State agencies, including those responsible for the delivery of rights and services.[[fn:26]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":25,"text":"CERD/C/QAT/CO/22-23, paras. 24 and 25."},{"n":26,"text":"See OHCHR and University of Essex, “Digital border governance: a human rights-based approach”, September 2023."}],"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0052","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":52,"n":52,"text":"52. The Committees recommend that States Parties take all appropriate measures to ensure, by law and in practice, that the development and implementation of all digital border technologies is subject to robust human rights protections. States Parties should take an intersectional approach and ensure due process guarantees, effective remedies, firewalls, transparency and accountability mechanisms, and independent assessments of the impact on human rights before deploying new technology. States Parties should also ensure that the use of digital technologies is adequately regulated within the legal and policy framework, incorporating explicit rights-based provisions. States Parties should refrain from using digital technologies at borders that could cause severe harm to human rights, including artificial intelligence that reproduces racial algorithmic bias by creating risk profiles and automating decision-making on migration and asylum procedures.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0053","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":53,"n":53,"text":"53. Xenophobia and structural racism, and harmful narratives underpinning them, have also had a deep and worrying impact on policies directed at expanding border governance measures beyond the border. These practices seek to control migrants’ residence status in the context of various fields within States’ territory, such as social services, workplaces, public transport and roads, and hotels. In some countries, competent authorities and private actors are not authorized or required to monitor whether an individual – such as a client, worker or service user – has breached the law, even in cases of the most serious crimes. However, immigration-related offences are often checked and reported in a wide range of places, institutions and circumstances. The Committees are of the opinion that these are discriminatory and disproportionate practices, informed by a securitized and xenophobic narrative on irregular migration status. They strengthen misperceptions about migrants and lead to policies contrary to international human rights obligations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0054","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":54,"n":54,"text":"States Parties should apply a gender-responsive, child-sensitive and human rights-based approach when collecting data and ensure that the rights of migrant workers and members of their families to privacy, personal information and data protection are protected, including by establishing appropriate firewalls, in order to ensure that personal data are not used for migration control or for discrimination in public or private services. States Parties should refrain from using service providers and other authorities – apart from migration law enforcement bodies – as auxiliaries in policies for migration control. Likewise, States Parties must ensure that the primary duty of labour inspection services is to monitor labour laws and regulations, especially to protect workers’ rights.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0055","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":55,"n":55,"text":"55. Xenophobic and criminalizing narratives on irregular migration, reciprocally complemented by securitized migration policies, have led to extraterritorial strategies of border control. The Committees are of the opinion that the externalization of policies for migration control is a practice that impedes, in essence, the enjoyment of the human right to asylum and, complementarily, due process guarantees and other human rights that may be at stake depending on the case.[[fn:27]] These externalization practices have increasingly restricted the opportunities for migrants to effectively apply for asylum or other complementary forms of protection.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":27,"text":"A/HRC/48/76, para. 49."}],"section":["III. Impact of xenophobia on migration","C. Right to seek asylum"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0056","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":56,"n":56,"text":"56. States Parties should ensure that measures for migration control that are taken in international zones and beyond their borders, including in international waters and in the territory of countries of origin or transit countries, do not reduce in any aspect their duties under the Convention relating to the Status of Refugees or international human rights treaties. States Parties should refrain from promoting or adopting bilateral or multilateral agreements by which they aim to evade or limit their legal obligations under human rights and humanitarian law, including by outsourcing or externalizing such duties.[[fn:28]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":28,"text":"CERD/C/GBR/CO/24-26, paras. 47 and 48."}],"section":["III. Impact of xenophobia on migration","C. Right to seek asylum"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0057","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":57,"n":57,"text":"The Committees are also concerned about the influence of xenophobia and anti-migrant narratives on asylum procedures and decisions, including algorithmic bias in the automated processing of applications, and on the designation of safe third-country lists. The adoption by asylum authorities of restrictive criteria that are not based on human rights, and the lack of individual assessment of asylum applications, including widely discretionary decisions based on political interests and misconceptions, have been arbitrarily affecting the right to seek and enjoy asylum and complementary forms of international protection.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","C. Right to seek asylum"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0058","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":58,"n":58,"text":"States Parties should take all appropriate measures to enhance the adoption of a rights-based approach, integrating an intersectional perspective, within asylum procedures and decisions. Legislative and operational measures should ensure all due process guarantees, such as access – free of charge where necessary – to legal aid and interpreters, fair administrative decision-making and effective remedies. States Parties should refrain from restricting the right to asylum out of political interests – for example, based on bilateral relations with the applicant’s country of origin – and from any other discriminatory practices. Measures should be taken to prevent racial profiling and any form of direct or indirect discrimination in asylum procedures and decisions.[[fn:29]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":29,"text":"CERD/C/BIH/CO/14-15, paras. 31 and 32."}],"section":["III. Impact of xenophobia on migration","C. Right to seek asylum"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0059","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":59,"n":59,"text":"59. The Committees stress that over the past few decades, there has been a growing reciprocal relationship between xenophobia and narratives aimed at legitimizing policies of migration-related detention. Since its inception, international human rights law has progressively contributed to limiting the use of administrative grounds for the deprivation of liberty and to reducing the use of detention within the criminal system, especially as a preventive measure during procedures. However, the use of detention based on factors related to migration status has increased.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0060","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":60,"n":60,"text":"60. States Parties should immediately forbid and cease in practice the migration-related detention of children, including unaccompanied minors, and families, in line with joint general comment No. 4 of the Committee on Migrant Workers/No. 23 of the Committee on the Rights of the Child (2017).[[fn:30]] Similar measures should be taken to cease the detention of other persons in vulnerable circumstances, including pregnant women, asylum-seekers, persons with disabilities and victims of trafficking, taking into account the authoritative guidance by the Committee on Migrant Workers in its general comment No. 5 (2021).","labels":["Children","Migrants","Persons with disabilities","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":30,"text":"CERD/C/MEX/CO/18-21, paras. 34 and 35."}],"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0061","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":61,"n":61,"text":"61. The implementation of detention policies focused on security and the creation of facilities for detaining persons for the purposes of migration control have encouraged social narratives that unfairly link migrants – and in particular, those with irregular migration status – to public order and security threats.[[fn:31]] The Committees are concerned about the use of detention for migration-related issues, which results in discriminatory treatment in regard to the human right to liberty and protection from arbitrary detention. Although individuals are detained solely on the basis of their administrative status, the detention conditions are usually nearly identical to those in prisons within the criminal system and may amount to inhuman treatment. These conditions include being kept in prison-like buildings and being subjected to strict daily routines, the use of isolation and punishment cells, restrictions on family visits, limited access to phones and the Internet, high levels of opacity and restricted access for civil society organizations, national human rights institutions and equality bodies.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":31,"text":"A/75/183, para. 80."}],"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0062","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":62,"n":62,"text":"62. The Committees recall that immigration detention is always harmful and disproportionate as an interim measure during administrative procedures or in response to an administrative irregularity or infraction. The Committees strongly recommend that States Parties take all appropriate measures without delay to progressively abolish migration-related detention policies and practices. Until then, the Committees urge States Parties to ensure, by law and in practice, that detention for migration purposes is used only as a last resort and is an exceptional measure, applied for the shortest possible period of time.[[fn:32]] The decision to detain must follow a substantiated assessment demonstrating why other measures cannot be applied. The law should oblige the competent authorities to use non-custodial measures, if needed, on a priority basis. Any restriction or deprivation of liberty based on migration status must be implemented within a procedure that ensures all due process guarantees. In such cases, the competent authorities must give a robust, individualized justification for any restriction of migrants’ liberty.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":32,"text":"CERD/C/BIH/CO/14-15, paras. 31 and 32. See also Committee on Migrant Workers, general comments No. 2 (2013) and No. 5 (2021)."}],"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0063","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":63,"n":63,"text":"States Parties should ensure that measures and practices on migration-related detention are different from those used in policies for addressing criminal issues. They should take adequate measures to guarantee that the facilities and all conditions of migration-related detention are entirely different from those of the criminal system. Legislative and operational measures should be taken accordingly, such as the following: (a) Refraining from using law enforcement authorities to manage such facilities; (b) Abstaining from daily rules and activities akin to those in the penitentiary system; (c) Improving transparency and accountability mechanisms; (d) Guaranteeing migrants’ access to information, the Internet, cell phones and visits from their family and lawyers; (e) Removing language barriers and hiring intercultural mediators.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0064","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":64,"n":64,"text":"64. States Parties should implement confidential and effective complaint mechanisms for cases of xenophobic and racial violence and other abuses against migrants in detention centres, including independent oversight and follow-up. Access by civil society organizations, national human rights institutions, equality bodies and other independent oversight bodies should be strengthened. Policies should be in place to collect data on such cases. Measures should be taken to ensure ongoing rights-based training programmes for personnel working in migration-related detention centres, aimed at preventing cases of xenophobia and racism and eradicating securitized attitudes related to imprisonment.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0065","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":65,"n":65,"text":"65. The impact of xenophobia on policy has also been manifested in practices of racial profiling by law enforcement authorities.[[fn:33]] In this regard, the Committees call on States Parties to take all appropriate measures to effectively implement the authoritative guidelines issued by the Committee on the Elimination of Racial Discrimination in its general recommendation No. 36 (2020). The Committees underscore the importance of adopting an intersectional approach to address the impact of racial profiling, particularly on migrants, in accordance with the principle of non-discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":33,"text":"CMW/C/MEX/CO/3, paras. 25 and 26."}],"section":["III. Impact of xenophobia on migration","E. Racial profiling and policies on migration law enforcement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0066","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":66,"n":66,"text":"66. A securitized narrative regarding migration has contributed to instances of abuse by border agents and other security forces against migrants, especially those in an irregular situation.[[fn:34]] These practices include arbitrary arrests and searches, mistreatment and excessive use of force, including against women and children. The use of force within migration procedures, and during police raids and other anti-crime action against migrants allegedly in an irregular situation, reinforces a wrongful association between migrants and criminality. Migrants of certain nationalities, ethnicities and skin colours are particularly targeted by these arbitrary practices owing to existing structural forms of racism, which also affect racialized groups perceived as migrants.[[fn:35]]","labels":["Children","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":34,"text":"CERD/C/MAR/CO/19-21, para. 33."},{"n":35,"text":"CERD/C/USA/CO/10-12, paras. 51 and 52."}],"section":["III. Impact of xenophobia on migration","E. Racial profiling and policies on migration law enforcement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0067","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":67,"n":67,"text":"67. States Parties should strengthen policies to implement effective accountability mechanisms for border agents and all law enforcement agencies, including independent oversight, complaint mechanisms and disciplinary action in cases of xenophobic behaviour.[[fn:36]] Measures should be taken to intensify the ongoing training of the competent authorities to prevent such abuse.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":36,"text":"CERD/C/MAR/CO/19-21, para. 34."}],"section":["III. Impact of xenophobia on migration","E. Racial profiling and policies on migration law enforcement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0068","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":68,"n":68,"text":"68. Securitized narratives regarding migrants in general, and those in an irregular situation in particular, have influenced policies and discourse addressing regularization. Regularization programmes have been portrayed as measures akin to amnesties aimed at pardoning crimes or related harmful conduct. This approach increases criminalizing and stigmatizing narratives, cyclically reinforcing policies on irregular migration, including a lack of political will to facilitate regularization. States Parties should refrain from presenting regularization programmes as tools for pardoning criminal offences.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","F. Regularization"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0069","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":69,"n":69,"text":"69. The Committees stress that regularization is a critical tool for addressing irregular, insecure and vulnerable situations of migrants and their families. Regularization is a key means of achieving policy goals in several areas, including human development, socioeconomic inclusion, formal employment and the prevention of exploitation, genderbased violence, marginalization, child labour and other risks. Facilitating migrants’ access to regular residence is an essential measure to protect persons in vulnerable situations and, subsequently, to fulfil their basic rights and promote their social inclusion. On the contrary, the absence of accessible and permanent pathways to regularization contributes to deepening inequalities, social exclusion and multiple forms of discrimination, abuse and other negative consequences.","labels":["Children","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","F. Regularization"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0070","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":70,"n":70,"text":"70. States Parties should adopt a human rights-based approach and a comprehensive narrative on regularization, including by disseminating messages on the way in which regularization can lead to multiple positive outcomes for migrants, their families, society and the State itself. The Committees recommend that States Parties take and strengthen measures aimed at ensuring, by law and in practice, accessible and affordable regularization mechanisms, including temporary schemes and, more importantly, permanent pathways. The decision as to whether to grant migrants access to regular residence status, enabling them to leave irregular status behind, could be made on the basis of any of a wide range of factors, such as employment, family ties, social roots, child and family protection, humanitarian grounds, social inclusion, policy goals on labour and human development and legal duties with regard to international human rights and refugee law.","labels":["Children","Migrants","Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","F. Regularization"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0071","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":71,"n":71,"text":"71. Narratives have wrongfully proposed that nationals should enjoy privileged protection of human rights, or attempted to legitimize restrictions on access to basic services on the basis of non-national, migration or residence status. These narratives have had a negative impact on the enjoyment by migrants of economic, social and cultural rights. The Committees stress that these practices not only affect the human rights and living conditions of migrants and others perceived as such, but also lead to increasing social exclusion, inequality and other negative outcomes. The Committees remind States Parties of the standards developed by the Committee on Economic, Social and Cultural Rights regarding migrants.[[fn:37]]","labels":["Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":37,"text":"See E/C.12/2017/1."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0072","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":72,"n":72,"text":"72. Xenophobic narratives on migration, including those that represent migrants as abusers of social services or link them with criminality and security threats, have several harmful effects on children’s right to education. These narratives lead to their exclusion from or to restrictions on their access to education, at certain or all levels, and other discriminatory practices.[[fn:38]] Such practices may also include barriers to obtaining diplomas, failure to recognize foreign educational qualifications, exclusion from scholarship schemes or deportation for having participated in political or social activities in higher education institutions. Biased representation of migrants by authorities, the media and other actors contributes to cases of xenophobic bullying of migrant children and children born to migrant parents or families with migrant backgrounds, especially those from racialized groups. Such practices violate children’s rights to education, mental health and development, among others, and could result in situations of violence or, in the long term, lead to a rise in social conflict and societal inequality in countries of destination.","labels":["Children","Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":38,"text":"CERD/C/KOR/CO/17-19, paras. 29 and 30."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0073","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":73,"n":73,"text":"73. States Parties should ensure, by law and in practice, that policies and programmes are in place to effectively guarantee the right to education for all migrant children on an equal basis with children who are nationals, regardless of their migration status or that of their parents. Enrolment barriers such as residency requirements should be eliminated, diplomas should be issued upon fulfilment of the educational requirements and equal access should be provided to scholarships or other support measures, irrespective of migration status. Comprehensive, intercultural and rights-based support services should aim to ease the integration of migrant children into schools, especially in the case of unaccompanied migrant children. Initiatives should include linguistic immersion programmes and training of cultural mediators.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0074","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":74,"n":74,"text":"74. Specific programmes, with adequate resources and properly trained teachers and other professionals, should be put in place with the aim of preventing and addressing xenophobic discourse and bullying at schools, incorporating an intersectional approach. Child-friendly mechanisms for intercultural mediation and specialized psychosocial support for child victims of xenophobic, racist and related incidents should also be made available.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0075","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":75,"n":75,"text":"75. Narratives on migration have influenced policies on the labour market and employment, leading to restrictions on migrants’ right to work and unequal and unsafe working conditions, including exploitation. Potentially discriminatory practices include forbidding migrants from working or restricting their right to work on the basis of their migration or asylum status, impeding their access to a residence permit on the basis of labour opportunities or prohibiting the hiring of migrant workers with regular migration status in particular sectors of the labour market. Such measures lead to the overrepresentation of migrants in unemployment and in informal, unsafe or unprotected labour activities, and hinder social and labour inclusion.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0076","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":76,"n":76,"text":"76. Such narratives are also linked to vulnerable situations that migrant workers, especially those with irregular migration status, may face, including labour exploitation, child labour, gender-based violence and harassment, and other abuse or exploitation at work.[[fn:39]] Specific categories of migrant workers are particularly affected by xenophobia and other forms of discrimination, including those working in the areas of domestic care, rural work, mining, agriculture, construction, textiles, delivery, hotels, restaurants and the digital gig economy. A particularly harmful impact is suffered by migrant women, especially the poorest and most marginalized, who are disproportionately concentrated in low-paid and unprotected jobs. Migrants face obstacles in obtaining recognition of educational diplomas and labour skills certificates obtained in their countries of origin. Barriers and discriminatory regulations preventing migrants from enjoying union rights are widely evidenced in many countries.","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":39,"text":"CERD/C/QAT/CO/22-23, paras. 16 and 17; CERD/C/ZAF/CO/9-11, paras. 42 and 43; CMW/C/KGZ/CO/1, paras. 40 and 41; and CMW/C/LSO/CO/1, paras. 27 and 28."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0077","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":77,"n":77,"text":"77. States Parties should take all measures necessary to promote equal access to work permits and decent work across all jobs sectors and skill levels, and repeal discriminatory legal provisions that unreasonably deny access to employment for non-nationals. States Parties should respect migrant workers’ union rights, and support trade unions’ initiatives for training and awareness-raising regarding xenophobia and intersecting forms of discrimination. States Parties should take measures to authorize migrants to work while they are awaiting a decision on their application for residence or asylum. In addition, States Parties should prohibit employers from confiscating identity documents and passports, and ensure that employers who violate that prohibition are appropriately sanctioned.[[fn:40]]","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":40,"text":"CERD/C/QAT/CO/22-23, paras. 18 and 19."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0078","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":78,"n":78,"text":"78. Specific measures should be taken to address racial discrimination in recruitment at the structural, institutional and individual levels. Normative guidelines directed at private sector actors – namely, employers and recruitment agencies – should be adopted.[[fn:41]] Such initiatives should be aimed at preventing xenophobia, including through information and awareness-raising campaigns, and training programmes for labour inspectors, the labour judicial system and other competent authorities, and the private sector. The Committees recommend that States Parties take into account in such measures the ILO general principles and operational guidelines for fair recruitment and definition of recruitment fees and related costs.[[fn:42]] States Parties should also reinforce labour inspection policies, including in the domestic work sector.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":41,"text":"CERD/C/NLD/CO/22-24, paras. 21 and 22."},{"n":42,"text":"ILO, General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs (Geneva, 2019)."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0079","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":79,"n":79,"text":"79. States Parties should ensure accessible and affordable dispute resolution and complaint mechanisms with regard to acts of xenophobia and any kind of discrimination at work. States Parties should take measures to remove physical, linguistic or gender-related barriers to access to justice. Migrant workers should be given sufficient time to remain in the country until a final decision is reached regarding their case. If they are forced to leave the country, measures should be taken to allow them to file a complaint from their country of origin, ensuring access to justice and redress through effective transnational justice mechanisms.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0080","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":80,"n":80,"text":"80. The Committees encourage States Parties to ratify or implement all the ILO conventions relevant to migrant workers – including the Migration for Employment Convention (Revised), 1949 (No. 97), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and the Domestic Workers Convention, 2011 (No. 189) – ensuring that the interpretation of the provisions protects all migrant workers, regardless of their migration status. States Parties should also take all appropriate measures to implement the authoritative guidelines developed by the Committee on the Elimination of Discrimination against Women in its general recommendations No. 26 (2008) on women migrant workers and No. 38 (2020) on trafficking in women and girls in the context of global migration, in particular with regard to addressing labour exploitation of migrant women.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0081","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":81,"n":81,"text":"Direct and indirect xenophobic narratives on migrants have had several consequences in healthcare policies and on migrants’ right of access to health services. The adoption of discriminatory policies and practices that restrict this right on the basis of nationality, residence or migration status is one of the more widespread outcomes.[[fn:43]] The Committees are concerned about other practices that are not in line with international human rights obligations and standards, which violate migrants’ right to health and undermine key objectives of public healthcare policies, such as the following: (a) Regulations under which migrants in an irregular situation have access to emergency care services only; (b) Requirements that migrants pay for health services that are free of charge for the rest of the community; (c) The requirement of a minimum number of years of regular residence to qualify for access to certain health services.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":43,"text":"CERD/C/CHL/CO/22-23, paras. 32 and 33; CERD/C/USA/CO/10-12, paras. 33 and 34; and CMW/C/PER/CO/2, paras. 47 and 48."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","C. Right to health"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0082","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":82,"n":82,"text":"82. The Committees recommend that States Parties take all appropriate measures to remove any discriminatory regulations and practices related to the right to healthcare. Regardless of their migration status, migrants should have access on an equal basis with nationals to all health services, including sexual and reproductive health services.[[fn:44]] Other measures should be taken to build and spread narratives that highlight the positive effects of policies to ensure universal access to health services by all members of society.","labels":["Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":44,"text":"CERD/C/CHL/CO/22-23, paras. 32 and 33; CERD/C/CZE/CO/12-13, paras. 23 and 24; and CERD/C/POL/CO/22-24, paras. 23 and 24."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","C. Right to health"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0083","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":83,"n":83,"text":"83. Xenophobic attitudes from some health professionals, administrative staff and other health workers have been observed in health centres, which can affect the mental health of migrants and their families.[[fn:45]] The Committees recommend that States Parties adopt guidelines and run ongoing training initiatives for all workers in the health sector, aimed at preventing xenophobia and discrimination. The Committees stress that these guidelines should be implemented as a complementary approach to the guidance developed by the Committee on the Elimination of Racial Discrimination in its general recommendation No. 37 (2024) on equality and freedom from racial discrimination in the enjoyment of the right to health.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":45,"text":"A/73/216, paras. 25, 26 and 60."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","C. Right to health"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0084","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":84,"n":84,"text":"84. In the field of social security policies and access to social security services, narratives that prioritize nationals as the primary rights holders and depict migrants as undeserving of equal treatment have been particularly prevalent. Social protection schemes for people in vulnerable situations, including non-contributory schemes for income support, tend to exclude migrants on the basis of their nationality, migration status or type or length of residence. These discriminatory restrictions not only affect migrants and their families, but also hinder the achievement of the objectives of policies aimed at reducing poverty, social exclusion and inequality and addressing other related issues.","labels":["Persons living in poverty"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","D. Right to social security"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0085","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":85,"n":85,"text":"85. The Committees recommend that States Parties refrain from discriminating on the basis of nationality, migration status or residence with regard to access to social security and social protection programmes. Instead, comprehensive and rights-based communication measures should be taken with the aim of highlighting the positive effects of inclusive social protection policies. States Parties should engage in legal reforms to remove discriminatory regulations concerning access on the basis of nationality, migration status or residence to social security and social protection programmes.[[fn:46]] Measures should be taken with the aim of ensuring that migrants enjoy equal treatment in access to non-contributory social security schemes.[[fn:47]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":46,"text":"CERD/C/CHE/CO/10-12, paras. 25 and 26."},{"n":47,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 19 (2007), paras. 37 and 38."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","D. Right to social security"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0086","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":86,"n":86,"text":"86. Migrant workers face several obstacles, including a lack of legislative and other measures, to enjoyment of social security benefits related to contributory schemes, particularly after leaving the country of destination. States Parties should promote bilateral and multilateral agreements to ensure that migrant workers are able to enjoy social security benefits, including by ensuring the portability of such rights after returning to their country of origin. Operational measures should be put in place to implement such agreements effectively.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","D. Right to social security"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0087","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":87,"n":87,"text":"87. Xenophobia has influenced housing policies and regulations and has resulted in discriminatory attitudes among landlords, leading to restrictions on and obstacles to effective access for migrants to their human right to affordable and adequate housing. Migrants and their families often end up living in precarious conditions that are unequal to those enjoyed by the rest of the community.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","E. Right to housing and policies against residential segregation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0088","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":88,"n":88,"text":"88. States Parties should take measures to remove legal and other restrictions that could hinder access for migrants, without any discrimination, to adequate housing. Specific provisions should be introduced with the aim of preventing xenophobic, racist or other discriminatory practices by landlords and other private actors, which may impede the ability of migrants to become tenants under equal conditions as nationals.[[fn:48]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":48,"text":"CERD/C/LTU/CO/9-10, paras. 23 and 24."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","E. Right to housing and policies against residential segregation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0089","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":89,"n":89,"text":"89. Housing and habitat policies in culturally diverse societies should include comprehensive, intercultural and rights-based programmes designed to prevent and tackle residential segregation. The Committees underline the key role that local governments should play in this regard.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","E. Right to housing and policies against residential segregation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0090","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":90,"n":90,"text":"90. The Committees are concerned that housing arrangements by States or recruitment agencies, including within some programmes on labour migration, lead to the segregation of migrants, including separation by gender and nationality. States Parties should thoroughly assess agreements on labour migration to prevent any form of discrimination regarding migrant workers’ right of access to adequate, decent and affordable housing.[[fn:49]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":49,"text":"CERD/C/QAT/CO/22-23, paras. 32 and 33."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","E. Right to housing and policies against residential segregation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0091","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":91,"n":91,"text":"91. Xenophobia has been identified as an obstacle to providing humanitarian assistance and developing a humanitarian narrative in approaching the reception of migrants in vulnerable circumstances and the provision of assistance to them, especially in the context of large-scale movements.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","F. Humanitarian assistance"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0092","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":92,"n":92,"text":"92. States Parties, with international cooperation where necessary, should ensure the timely implementation of programmes to provide humanitarian assistance to migrants arriving in vulnerable circumstances, particularly in cases of large-scale movements. Special attention should be given to the narratives that are built and spread in such complex contexts. Measures should be taken to ensure the progressive inclusion of migrants in social protection and other social policies directed at all members of society, in order to move from a humanitarian approach to a human-development and rights-based perspective intended to promote durable solutions.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","F. Humanitarian assistance"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0093","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":93,"n":93,"text":"93. The Committees are concerned about the different approaches adopted by States Parties on the basis of nationality, ethnicity and related factors. While some migrants fleeing certain countries have automatically been granted protection status and access to humanitarian assistance and the enjoyment of rights, those displaced from other countries but fleeing similar situations have faced securitized responses that focus on migration control. States Parties should refrain from such dual and discriminatory responses to migrants seeking international protection and humanitarian assistance.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","F. Humanitarian assistance"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0094","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":94,"n":94,"text":"94. The Committees affirm that the eradication of xenophobia and intersecting forms of discrimination is a prerequisite for effective achievement of the Sustainable Development Goals. States Parties should take all measures necessary to mainstream policies against xenophobia into all the public policies and action plans aimed at accomplishing the objectives enshrined in the 2030 Agenda for Sustainable Development. State reports on good practices in international and regional processes with regard to the Sustainable Development Goals should include information on the prevention of xenophobia and related discrimination. This information should also be incorporated into the reports to be submitted in the context of other State-led initiatives, such as the Global Compact for Migration and the Global Compact on Refugees.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","G. Achievement of the Sustainable Development Goals"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0095","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":95,"n":95,"text":"95. Xenophobia and racism have a negative impact on all aspects of the life of migrants and others perceived as such, including at the political level. Promotion of their full inclusion in society should include measures to facilitate their enjoyment of political rights and the various forms of participation in public affairs. Recognition of these rights of migrants is a tool for promoting integration and social cohesion.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0096","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":96,"n":96,"text":"96. One of the several factors that facilitate the spread of xenophobic narratives against migrants, or that may hinder political will to address them, is the fact that in many countries, migrants are not authorized to vote or to be elected, or can do so only in a restricted manner. The Committees recommend that all States Parties take measures to enable migrants to exercise such rights progressively in local and national elections on the basis of length of residence. Specific measures should be taken to include eligible migrants in the electoral register in countries where voting is mandatory. Where it is voluntary, measures should be taken to facilitate and encourage migrant voter registration and participation.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0097","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":97,"n":97,"text":"97. States Parties should promote initiatives aimed at ensuring the participation of migrants’ associations in consultative processes related to the development, implementation and assessment of public policies, not limited to those on migration and related topics. Local policies can play a central role in promoting the participation of migrants, along with the rest of the community, in social, economic, political, cultural and other initiatives.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0098","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":98,"n":98,"text":"98. States Parties should take the measures necessary to guarantee, by law and in practice, the effective exercise by non-nationals of their rights to freedom of expression, assembly and association.[[fn:50]] Such protection should cover participation in social protests and other democratic activities defending their rights, such as those regarding employment conditions or acts of discrimination and racism. States Parties should refrain from prohibiting or persecuting such activities, including through the use of migration law enforcement.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":50,"text":"Ibid., paras. 26 and 27."}],"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0099","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":99,"n":99,"text":"99. The Committees are especially concerned about the intensification of xenophobic and racist treatment of migrants and matters related to migration during election campaigns, by candidates, media actors and other social and political groups.[[fn:51]] These practices include hate speech, incitement to hatred, scapegoating narratives and political proposals or promises aimed at restricting the enjoyment by migrants of their human rights.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":51,"text":"CERD/C/CZE/CO/12-13, paras. 11 and 12; CERD/C/IRL/CO/5-9, paras. 19 and 20; CERD/C/USA/CO/10-12, paras. 14 and 15; and CMW/C/TUR/CO/2, paras. 25 and 26."}],"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0100","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":100,"n":100,"text":"100. States Parties should implement concrete measures to prevent xenophobic and related rhetoric before, during and after election processes. Authorities responsible for preventing xenophobia and racism, those in charge of supervising elections, and national and local human rights institutions should play a critical and monitoring role in such initiatives. Measures should be taken to encourage media organizations to prevent deceptive narratives, and to refuse to run advertisements or speeches, debates or other materials by candidates that espouse or further xenophobic beliefs. In cases where such content is published, media actors should be urged to highlight the negative consequences of such proposals or narratives.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0101","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":101,"n":101,"text":"The Committees recommend that States Parties take the following measures, directed at political parties, authorities and candidates: (a) Formally commit to putting an end to the instrumentalization of migration, asylum and related matters for political and electoral gain;[[fn:52]] (b) Unambiguously condemn xenophobic narratives in election campaigns;[[fn:53]] (c) Firmly combat xenophobic and racist hate and discriminatory speech by public figures, including politicians and media professionals;[[fn:54]] public authorities should also take measures to distance themselves from political discourse on migration that leads to racial discrimination and ensure that such expressions by politicians are thoroughly investigated and properly sanctioned.[[fn:55]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":52,"text":"A/HRC/38/52, para. 65."},{"n":53,"text":"CERD/C/ISR/CO/17-19, paras. 26 and 27."},{"n":54,"text":"CERD/C/ARG/CO/24-26, paras. 18 and 19; CERD/C/AUS/CO/18-20, paras. 13 and 14; and CERD/C/POL/CO/22-24, paras. 15 and 16."},{"n":55,"text":"CERD/C/NLD/CO/22-24, paras. 11 and 12."}],"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0102","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":102,"n":102,"text":"102. The Committees recommend that all States Parties promote and implement international, regional and bilateral agreements and other initiatives to combat and eradicate xenophobia and its harmful impact on human rights. States Parties should refrain from resorting to bilateral agreements that could contribute to deepening a narrow, prejudiced and securitized approach to migration. Instead, States Parties should negotiate agreements that expand and diversify available pathways for regular migration, as called for in the Global Compact for Migration and by the Committee on Migrant Workers in its general comment No. 6 (2024), ensuring that they are accessible to racialized migrants.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. International cooperation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0103","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":103,"n":103,"text":"103. States Parties should strengthen the role of diplomatic and consular offices in efforts to prevent and eradicate xenophobia in destination countries. Initiatives such as gathering data on victims of xenophobia, and cooperatively engaging with States of transit and destination, could contribute to identifying abuses and enhancing rights-based and genderresponsive solutions.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. International cooperation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0104","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":104,"n":104,"text":"104. The Committees recommend that States Parties include in their periodic reports to all human rights treaty bodies relevant information on the development and effective implementation of policies to combat and eradicate xenophobia. States Parties are encouraged to ensure a comprehensive approach to the preparation of these reports and to their presentation to the Committees for consideration, in particular by involving intersectoral delegations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VII. Follow-up"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0105","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":105,"n":105,"text":"105. In accordance with the universal commitments made by Member States through the adoption of the International Convention on the Elimination of All Forms of Racial Discrimination on 21 December 1965 and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families on 18 December 1990, the Committees urge all States that have not yet done so to ratify both Conventions.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VII. Follow-up"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0001","docId":"crc-c-gc-22-cmw-c-gc-3","idx":1,"n":1,"text":"1. The present joint general comment was adopted at the same time as joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return. While that general comment and the present one are stand-alone documents in their own right, the two complement each other and should be read and implemented together. The drafting process included a series of global and regional consultations held between May and July 2017 with representatives of key stakeholders and experts, including children and migrant organizations, in Bangkok, Beirut, Berlin, Dakar, Geneva, Madrid and Mexico City. In addition, the Committees received more than 80 written contributions from States, United Nations agencies and entities, civil society organizations, national human rights institutions and other stakeholders from every region of the world between November 2015 and August 2017.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0002","docId":"crc-c-gc-22-cmw-c-gc-3","idx":2,"n":2,"text":"2. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child contain legally binding obligations that relate both in general and specific terms to the protection of the rights of children in the context of international migration","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0003","docId":"crc-c-gc-22-cmw-c-gc-3","idx":3,"n":3,"text":"3. In the context of international migration, children may be in a situation of double vulnerability as children and as children affected by migration who (a) are migrants themselves, either alone or with their families, (b) were born to migrant parents in countries of destination or (c) remain in their country of origin while one or both parents have migrated to another country. Additional vulnerabilities could relate to their national, ethnic or social origin; gender; sexual orientation or gender identity; religion; disability; migration or residence status; citizenship status; age; economic status; political or other opinion; or other status.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0004","docId":"crc-c-gc-22-cmw-c-gc-3","idx":4,"n":4,"text":"4. By virtue of their complementary mandates and shared commitment to strengthening protection of all children in the context of international migration, both Committees decided to develop these joint general comments. While the present comment is based on the provisions of both Conventions, it is important to underline that the human rights norms clarified herein are built on the provisions and principles of the Convention on the Rights of the Child. Therefore, the authoritative guidance contained in the present joint general comment is equally applicable to all States parties to the Convention on the Rights of the Child and/or the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0005","docId":"crc-c-gc-22-cmw-c-gc-3","idx":5,"n":5,"text":"The present joint general comment builds on the increasing attention that both Committees have given to the rights of children in the context of international migration through a number of initiatives, including: (a)Committee on the Rights of the Child general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, which includes a set of recommendations specifically for those migrant children outside their country of origin who are unaccompanied and separated; (b)A day of general discussion held in Geneva in September 2012 by the Committee on the Rights of the Child, on the rights of all children in the context of international migration, for which the Committee drafted a background paper and adopted a report, with conclusions and recommendations;[[fn:1]] (c)The endorsement in 2016 by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families of the recommended principles to guide actions concerning children on the move and other children affected by migration.[[fn:2]] In addition, both Committees are members of the Inter-Agency Working Group to End Child Immigration Detention; (d)The increasing number of recommendations made by both Committees in recent years to States parties to their respective Conventions on a variety of human rights issues that affect children’s rights in the context of international migration.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":1,"text":"See www.ohchr.org/EN/HRBodies/CRC/Pages/Discussion2012.aspx."},{"n":2,"text":"Available from www.ohchr.org/Documents/HRBodies/CMW/Recommended-principle_EN.pdf."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0006","docId":"crc-c-gc-22-cmw-c-gc-3","idx":6,"n":6,"text":"The present joint general comment also builds on other United Nations resolutions and reports, various outputs of the United Nations human rights mechanisms and United Nations, intergovernmental and civil society initiatives relating to children in the context of international migration, including: (a)The statement by the Committee on Economic, Social and Cultural Rights on the duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights (E/C.12/2017/1), in which the Committee recalled in particular that “protection from discrimination cannot be made conditional upon an individual having a regular status in the host country”, and also recalled that “all children within a State, including those with an undocumented status, had a right to receive education and access to adequate food and affordable health care”; (b)The New York Declaration for Refugees and Migrants, in which the Heads of State and Government undertook to protect the human rights and fundamental freedoms of all refugee and migrant children, regardless of their status, and giving primary consideration at all times to the best interests of the child, and to comply with their obligations under the Convention on the Rights of the Child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":3,"text":"General Assembly resolution 71/1, para. 32."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0007","docId":"crc-c-gc-22-cmw-c-gc-3","idx":7,"n":7,"text":"7. The objective of the present joint general comment is to provide authoritative guidance on legislative, policy and other appropriate measures that should be taken to ensure full compliance with the obligations under the Conventions to fully protect the rights of children in the context of international migration.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction","B. Objective and scope of the joint general comment"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0008","docId":"crc-c-gc-22-cmw-c-gc-3","idx":8,"n":8,"text":"8. The Committees acknowledge that the phenomenon of international migration affects all regions of the world and all societies and, increasingly, millions of children. While migration can bring positive outcomes to individuals, families and broader communities in countries of origin, transit, destination and return, the drivers of migration, in particular unsafe and/or irregular migration, are often directly related to violations of human rights, including the rights of the child as recognized in several human rights treaties, in particular the Convention on the Rights of the Child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction","B. Objective and scope of the joint general comment"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0009","docId":"crc-c-gc-22-cmw-c-gc-3","idx":9,"n":9,"text":"9. The present joint general comment addresses the human rights of all children in the context of international migration, whether they have migrated with their parents or primary caregivers, are unaccompanied or separated, have returned to their country of origin, were born to migrant parents in countries of transit or destination, or remained in their country of origin while one or both parents migrated to another country, and regardless of their or their parents’ migration or residence status (migration status). The non-discrimination principle of the Convention on the Rights of the Child obliges States parties to respect and ensure the rights set forth in the Convention to all children, whether they are considered, inter alia, migrants in regular or irregular situations, asylum seekers, refugees, stateless and/or victims of trafficking, including in situations of return or deportation to the country of origin, irrespective of the child’s or the parents’ or legal guardians’ nationality, migration status or statelessness.[[fn:4]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":4,"text":"See Committee on the Rights of the Child, general comment No. 6, para. 12."}],"section":["I. Introduction","B. Objective and scope of the joint general comment"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0010","docId":"crc-c-gc-22-cmw-c-gc-3","idx":10,"n":10,"text":"10. The present joint general comment should be read in conjunction with other relevant general comments issued by the Committees; building upon those general comments and the evolving challenges children face in the context of international migration, it should also be read as authoritative guidance from the Committees as regards the rights of children in the context of international migration.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction","B. Objective and scope of the joint general comment"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0011","docId":"crc-c-gc-22-cmw-c-gc-3","idx":11,"n":11,"text":"11. States should ensure that children in the context of international migration are treated first and foremost as children. States parties to the Conventions have a duty to comply with their obligations set out therein to respect, protect and fulfil the rights of children in the context of international migration, regardless of their or their parents’ or legal guardians’ migration status.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0012","docId":"crc-c-gc-22-cmw-c-gc-3","idx":12,"n":12,"text":"12. The obligations of States parties under the Conventions apply to each child within their jurisdictions, including the jurisdiction arising from a State exercising effective control outside its borders. Those obligations cannot be arbitrarily and unilaterally curtailed either by excluding zones or areas from the territory of a State or by defining particular zones or areas as not or only partly under the jurisdiction of the State, including in international waters or other transit zones where States put in place migration control mechanisms. The obligations apply within the borders of the State, including with respect to those children who come under its jurisdiction while attempting to enter its territory.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0013","docId":"crc-c-gc-22-cmw-c-gc-3","idx":13,"n":13,"text":"13. The Committees stress the primacy of the rights of the child in the context of international migration and therefore the need for the Conventions to be integrated by States into migration-related frameworks, policies, practices and/or other measures.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0014","docId":"crc-c-gc-22-cmw-c-gc-3","idx":14,"n":14,"text":"14. The Committees encourage States parties to ensure that the authorities responsible for children’s rights have a leading role, with clear decision-making power, on policies, practices and decisions that affect the rights of children in the context of international migration. Comprehensive child protection systems at the national and local levels should mainstream into their programmes the situation of all children in the context of international migration, including in countries of origin, transit, destination and return. In addition to the mandates of child protection bodies, authorities responsible for migration and other related policies that affect children’s rights should also systematically assess and address the impacts on and needs of children in the context of international migration at every stage of policymaking and implementation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0015","docId":"crc-c-gc-22-cmw-c-gc-3","idx":15,"n":15,"text":"15. States parties should develop policies aimed at fulfilling the rights of all children in the context of international migration, in particular regarding migration management objectives or other administrative or political considerations.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0016","docId":"crc-c-gc-22-cmw-c-gc-3","idx":16,"n":16,"text":"16. States parties should develop a systematic rights-based policy on the collection and public dissemination of qualitative and quantitative data on all children in the context of international migration in order to inform a comprehensive policy aimed at the protection of their rights. Such data should be disaggregated by nationality, migration status, gender, age, ethnicity, disability and all other relevant statuses to monitor intersectional discrimination. The Committees stress the importance of developing indicators to measure the implementation of the rights of all children in the context of international migration, including through a human rights-based approach to data collection and analysis on the causes of unsafe migration of children and/or families. Such information should be available for all stakeholders, including children, in full respect of privacy rights and data protection standards. Civil society organizations and other concerned actors should be able to participate in the process of collecting and evaluating data.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0017","docId":"crc-c-gc-22-cmw-c-gc-3","idx":17,"n":17,"text":"17. Children’s personal data, in particular biometric data, should only be used for child protection purposes, with strict enforcement of appropriate rules on collection, use and retention of, and access to, data. The Committees urge due diligence regarding safeguards in the development and implementation of data systems, and in the sharing of data between authorities and/or countries. States parties should implement a “firewall” and prohibit the sharing and use for immigration enforcement of the personal data collected for other purposes, such as protection, remedy, civil registration and access to services. This is necessary to uphold data protection principles and protect the rights of the child, as stipulated in the Convention on the Rights of the Child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0018","docId":"crc-c-gc-22-cmw-c-gc-3","idx":18,"n":18,"text":"18. The Committees are of the opinion that, in order to fulfil the rights of all children in the context of international migration, the following elements should be part of the policies and practices to be developed and implemented: (a) comprehensive, inter-institutional policies between child protection and welfare authorities and other key bodies, including on social protection, health, education, justice, migration and gender, and between regional, national and local governments; (b) adequate resources, including budgetary, aimed at ensuring effective implementation of policies and programmes; and (c) continuous and periodic training of child protection, migration and related officials on the rights of children, migrants and refugees and on statelessness, including intersectional discrimination.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0019","docId":"crc-c-gc-22-cmw-c-gc-3","idx":19,"n":19,"text":"19. States parties to the Convention on the Rights of the Child have a duty to ensure that the principles and provisions therein are fully reflected and given legal effect in relevant domestic legislation, policies and practices (art. 4). In all actions concerning children, States should be guided by the overarching principles of non-discrimination (art. 2); the best interests of the child (art. 3); the right to life, survival and development (art. 6); and the right of the child to express his or her views in all matters affecting him or her, and to have those views taken into account (art. 12). States should adopt measures, including legislative and other policy tools, aimed at ensuring that those principles are upheld in practice and brought into the mainstream of all policies affecting children in the context of international migration, and in the interpretation and analysis of the specific obligations as clarified in joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration"],"citedArticles":[{"article":"4","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns art 4 to 'the Convention on the Rights of the Child'."},{"article":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns art 2 (non-discrimination principle) to CRC in parenthetical reference '(art. 2)'."},{"article":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns art 3 (best interests) to CRC in parenthetical reference '(art. 3)'."},{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns art 6 (right to life) to CRC in parenthetical reference '(art. 6)'."},{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns art 12 to CRC in parenthetical reference '(art. 12)'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0020","docId":"crc-c-gc-22-cmw-c-gc-3","idx":20,"n":20,"text":"20. The Committees reaffirm the application of articles 41 of the Convention on the Rights of the Child and 81 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and reiterate that the provisions in domestic and international legislation that are the most conducive to the realization of the rights of all children in the context of international migration shall apply in cases where standards differ. Furthermore, a dynamic interpretation of the Conventions based on a child-centred approach is necessary to ensure their effective implementation and the respect, protection and fulfilment of the rights of all children in the context of the increasing number of challenges that migration poses for children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration"],"citedArticles":[{"article":"41","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 41 of the Convention on the Rights of the Child'."},{"article":"1","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading explicitly assigns art 1 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"7","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading explicitly assigns art 7 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Section heading explicitly assigns art 2 to 'the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0021","docId":"crc-c-gc-22-cmw-c-gc-3","idx":21,"n":21,"text":"21. The principle of non-discrimination is fundamental and, in all its facets, applies with respect to children in the context of international migration.[[fn:5]] All children involved in or affected by international migration are entitled to the enjoyment of their rights, regardless of the children’s or their parents’, legal guardians’ or family members’ age, gender, gender identity or sexual orientation, ethnic or national origin, disability, religion, economic status, migration/documentation status, statelessness, race, colour, marital or family status, health status or other social conditions, activities, expressed opinions, or beliefs. This principle is fully applicable to every child and his or her parents, regardless of the reason for moving, whether the child is accompanied or unaccompanied, on the move or otherwise settled, documented or undocumented or with any other status.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":5,"text":"See Committee on the Rights of the Child, general comment No. 6, para. 18."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0022","docId":"crc-c-gc-22-cmw-c-gc-3","idx":22,"n":22,"text":"22. The principle of non-discrimination shall be at the centre of all migration policies and procedures, including border control measures, and regardless of the migration status of children or their parents. Any differential treatment of migrants shall be lawful and proportionate, in pursuit of a legitimate aim and in line with the child’s best interests and international human rights norms and standards. Similarly, States parties should ensure that migrant children and their families are integrated into receiving societies through the effective realization of their human rights and access to services in an equal manner with nationals.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0023","docId":"crc-c-gc-22-cmw-c-gc-3","idx":23,"n":23,"text":"23. The Committees recommend that States parties adopt adequate measures to combat discrimination on any grounds and to protect children from multiple and intersecting forms of discrimination, throughout the migration process, including in and after returning to the country of origin, and/or as a result of their migration status. In order to achieve such a goal, States parties should strengthen efforts to combat xenophobia, racism and discrimination and take all appropriate measures to combat such attitudes and practices, and to collect and disseminate accurate, reliable and updated data and information in that regard. States should also promote the social inclusion and full integration of families affected by international migration into the host society and implement programmes for improving knowledge about migration and addressing any negative perceptions regarding migrants, with the aim of protecting children affected by international migration and their families from violence, discrimination, harassment and bullying, and fulfilling their access to rights enshrined in the Conventions and other conventions ratified by each State.[[fn:6]] In doing so, special attention should be paid to gender-specific and any other challenges and vulnerabilities that may intersect.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":6,"text":"Ibid., para. 70."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0024","docId":"crc-c-gc-22-cmw-c-gc-3","idx":24,"n":24,"text":"24. States parties should conduct a robust gender analysis of the specific impacts of migration policies and programmes on children of all genders. States parties should review and amend any gender-discriminatory restrictions on migration in law or practice that limit opportunities for girls or that do not recognize their capacity and autonomy to make their own decisions.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0025","docId":"crc-c-gc-22-cmw-c-gc-3","idx":25,"n":25,"text":"25. The Committees recommend that the States parties put special emphasis on the policies and related regulations about the prevention of discriminatory practices towards migrant and refugee children with disabilities and the implementation of necessary policies and programmes for ensuring the full enjoyment of all human rights and fundamental freedoms of migrant and refugee children with disabilities on an equal basis with children who are nationals of the States, and taking into consideration the provisions enshrined in the Convention on the Rights of Persons with Disabilities.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0026","docId":"crc-c-gc-22-cmw-c-gc-3","idx":26,"n":26,"text":"26. The Committees are of the view that addressing only de jure discrimination will not necessarily ensure de facto equality. Therefore, States parties shall fulfil the rights under the Conventions for children in the context of international migration by adopting positive measures to prevent, diminish and eliminate the conditions and attitudes that cause or perpetuate de facto discrimination against them. They should systematically record incidences of discrimination against children and/or their families in the context of international migration, and investigate and sanction such conduct appropriately and effectively.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0027","docId":"crc-c-gc-22-cmw-c-gc-3","idx":27,"n":27,"text":"27. Article 3 (1) of the Convention on the Rights of the Child places an obligation on both the public and the private spheres, courts of law, administrative authorities and legislative bodies to ensure that the best interests of the child are assessed and taken as a primary consideration in all actions affecting children. As the Committee on the Rights of the Child has stated in paragraph 6 of its general comment No. 14, the right of the child to have his or her best interests taken into account as a primary consideration is a substantive right, an interpretative legal principle and a rule of procedure, and it applies to children both as individuals and as a group. In that general comment, which has since been considered as the key guidance for States parties on this issue, the Committee also elaborates on the implementation of the principle of the best interests of the child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"3","paragraph":"1","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'Article 3 (1) of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0028","docId":"crc-c-gc-22-cmw-c-gc-3","idx":28,"n":28,"text":"28. Recognizing that the best interests of the child — once assessed and determined — might conflict with other interests or rights (e.g. of other children, the public and parents) and that potential conflicts have to be resolved on a case-by-case basis, carefully balancing the interests of all parties and finding a suitable compromise, the Committee stresses in paragraph 39 of its general comment No. 14 that the right of the child to have his or her best interests taken as a primary consideration means that the child’s interests have high priority and are not just one of several considerations. Therefore, a larger weight must be attached to what serves the child best. It further states in paragraph 82 that the purpose of assessing and determining the best interests of the child is to ensure the full and effective enjoyment of the rights recognized in the Convention on the Rights of the Child, and the holistic development of the child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0029","docId":"crc-c-gc-22-cmw-c-gc-3","idx":29,"n":29,"text":"29. States parties shall ensure that the best interests of the child are taken fully into consideration in immigration law, planning, implementation and assessment of migration policies and decision-making on individual cases, including in granting or refusing applications on entry to or residence in a country, decisions regarding migration enforcement and restrictions on access to social rights by children and/or their parents or legal guardians, and decisions regarding family unity and child custody, where the best interests of the child shall be a primary consideration and thus have high priority.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0030","docId":"crc-c-gc-22-cmw-c-gc-3","idx":30,"n":30,"text":"30. In particular, the best interests of the child should be ensured explicitly through individual procedures as an integral part of any administrative or judicial decision concerning the entry, residence or return of a child, placement or care of a child, or the detention or expulsion of a parent associated with his or her own migration status.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0031","docId":"crc-c-gc-22-cmw-c-gc-3","idx":31,"n":31,"text":"31. In order to implement the best interests principle in migration-related procedures or decisions that could affect children, the Committees stress the need to conduct systematically best-interests assessments and determination procedures as part of, or to inform, migration-related and other decisions that affect migrant children. As the Committee on the Rights of the Child explains in its general comment No. 14, the child’s best interests should be assessed and determined when a decision is to be made. A “best-interests assessment” involves evaluating and balancing all the elements necessary to make a decision in the specific situation for a specific individual child or group of children. A “best-interests determination” is a formal process with strict procedural safeguards designed to determine the child’s best interests on the basis of the best-interests assessment. In addition, assessing the child’s best interests is a unique activity that should be undertaken in each individual case and in the light of the specific circumstances of each child or group of children, including age, sex, level of maturity, whether the child or children belong to a minority group and the social and cultural context in which the child or children find themselves.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0032","docId":"crc-c-gc-22-cmw-c-gc-3","idx":32,"n":32,"text":"The Committees stress that States parties should: (a)Give high priority to the child’s best interests in their legislation, policy and practice; (b)Ensure that the principle of the best interests of the child is appropriately integrated, consistently interpreted and applied through robust, individualized procedures in all legislative, administrative and judicial proceedings and decisions, and in all migration policies and programmes that are relevant to and have an impact on children, including consular protection policies and services. Adequate resources should be put in place in order to ensure this principle is applied in practice; (c)Ensure that all best-interests assessments and determinations developed and conducted give appropriate weight to fulfilling the rights of the child — in the short and long terms — in the decision-making processes affecting children; and ensure due process safeguards are established, including the right to free, qualified and independent legal representation. The best-interests assessment should be carried out by actors independent of the migration authorities in a multidisciplinary way, including a meaningful participation of authorities responsible for child protection and welfare and other relevant actors, such as parents, guardians and legal representatives, as well as the child; (d)Develop procedures and define criteria to provide guidance to all relevant persons involved with migration procedures on determining the best interests of the child and on giving them due weight as a primary consideration, including in entry, residence, resettlement and return procedures, and develop mechanisms aimed at monitoring its proper implementation in practice; (e)Assess and determine the best interests of the child at the different stages of migration and asylum procedures that could result in the detention or deportation of the parents due to their migration status.[[fn:7]] Best-interests determination procedures should be put in place in any decision that would separate children from their family, and the same standards applied in child custody, when the best interests of the child should be a primary consideration. In adoption cases, the best interests of the child shall be the paramount consideration; (f)Conduct a best-interests assessment on a case-by-case basis in order to decide, if needed, and in accordance with the Guidelines for the Alternative Care of Children,[[fn:8]] the type of accommodation that would be most appropriate for an unaccompanied or separated child, or children with parents. In that process, community-based care solutions should be prioritized. Any measure that constrains children’s liberty in order to protect them, e.g. placement in secure accommodation, should be implemented within the child protection system with the same standards and safeguards; be strictly necessary, legitimate and proportionate to the aim of protecting the individual child from harming him or herself or others; be part of a holistic care plan; and be disconnected from migration-enforcement policies, practices and authorities; (g)Conduct a best-interests determination in cases that could lead to the expulsion of migrant families due to their migration status, in order to evaluate the impact of deportation on children’s rights and development, including their mental health; (h)Ensure that children are identified promptly in border controls and other migration-control procedures within the State’s jurisdiction, and that anyone claiming to be a child is treated as such, promptly referred to child protection authorities and other relevant services, and appointed a guardian, if unaccompanied or separated; (i)Provide guidance to all relevant authorities on the operationalization of the principle of the best interests of the child for migrant children, including children in transit, and develop mechanisms aimed at monitoring its proper implementation in practice; (j)Develop and put into practice, with regard to unaccompanied children and children with families, a best-interests determination procedure aimed at identifying and applying comprehensive, secure and sustainable solutions,[[fn:9]] including further integration and settlement in the country of current residence, repatriation to the country of origin or resettlement in a third country. Such solutions may include medium-term options and ensuring that there are possibilities for children and families to gain access to secure residence status in the best interests of the child. Best-interest determination procedures should be guided by child protection authorities within child protection systems. Possible solutions and plans should be discussed and developed together with the child, in a child-friendly and sensitive manner, in accordance with Committee on the Rights of the Child general comment No. 12 (2009) on the right of the child to be heard; (k)If determined that it is in the best interests of the child to be returned, an individual plan should be prepared, together with the child where possible, for his or her sustainable reintegration. The Committees stress that countries of origin, transit, destination and return should develop comprehensive frameworks with dedicated resources for the implementation of policies and comprehensive inter-institutional coordination mechanisms. Such frameworks should ensure, in cases of children returning to their countries of origin or third countries, their effective reintegration through a rights-based approach, including immediate protection measures and long-term solutions, in particular effective access to education, health, psychosocial support, family life, social inclusion, access to justice and protection from all forms of violence. In all such situations, a quality rights-based follow-up by all involved authorities, including independent monitoring and evaluation, should be ensured. The Committees highlight that return and reintegration measures should be sustainable from the perspective of the child’s right to life, survival and development.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":7,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion on the rights of all children in the context of international migration, paras. 73-74. Available from www.ohchr.org/Documents/HRBodies/CRC/Discussions/2012/DGD2012ReportAndRecommendations.pdf."},{"n":8,"text":"General Assembly resolution 64/142, annex."},{"n":9,"text":"A comprehensive, secure and sustainable solution is one that, to the greatest extent possible, caters to the long-term best interests and welfare of the child and is sustainable and secure from that perspective. The outcome should aim to ensure that the child is able to develop into adulthood, in an environment that will meet his or her needs and fulfil his or her rights as defined by the Convention on the Rights of the Child."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0033","docId":"crc-c-gc-22-cmw-c-gc-3","idx":33,"n":33,"text":"33. States parties are obliged, in line with article 3 of the Convention on the Rights of the Child, to ensure that any decision to return a child to his or her country of origin is based on evidentiary considerations on a case-by-case basis and pursuant to a procedure with appropriate due process safeguards, including a robust individual assessment and determination of the best-interests of the child. This procedure should ensure, inter alia, that the child, upon return, will be safe and provided with proper care and enjoyment of rights. Considerations such as those relating to general migration control cannot override best-interests considerations. The Committees stress that return is only one of the various sustainable solutions for unaccompanied and separated children and children with their families. Other solutions include integration in countries of residence — either temporarily or permanently — according to each child’s circumstances, resettlement in a third country, e.g. based on family reunification grounds, or other solutions that could be identified on a case-by-case basis, by referring to existing cooperation mechanisms, such as the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 3 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0034","docId":"crc-c-gc-22-cmw-c-gc-3","idx":34,"n":34,"text":"34. Article 12 of the Convention on the Rights of the Child underscores the importance of children’s participation, providing for children to express their views freely and to have those views taken into account with due weight, according to age, maturity and the evolving capacity of the child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'Article 12 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0035","docId":"crc-c-gc-22-cmw-c-gc-3","idx":35,"n":35,"text":"35. The Committee on the Rights of the Child, in its general comment No. 12, underlines that adequate measures to guarantee the right to be heard should be implemented in the context of international migration, as children who come to a country could be in a particularly vulnerable and disadvantaged situation.[[fn:10]] For that reason, it is critical to implement fully their right to express their views on all aspects affecting their lives, including as an integral part of immigration and asylum proceedings, and for their views to be given due weight. Children may have their own migration projects and migration-driving factors, and policies and decisions cannot be effective or appropriate without their participation. The Committee also emphasizes that these children should be provided with all relevant information, inter alia, on their rights, the services available, means of communication, complaints mechanisms, the immigration and asylum processes and their outcomes. Information should be provided in the child’s own language in a timely manner, in a child-sensitive and age-appropriate manner, in order to make their voice heard and to be given due weight in the proceedings.[[fn:11]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":10,"text":"See Committee on the Rights of the Child, general comment No. 12, para. 123."},{"n":11,"text":"Ibid., para. 124."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0036","docId":"crc-c-gc-22-cmw-c-gc-3","idx":36,"n":36,"text":"36. States parties should appoint a qualified legal representative for all children, including those with parental care, and a trained guardian for unaccompanied and separated children, as soon as possible on arrival, free of charge.[[fn:12]] Accessible complaints mechanisms for children should be ensured. Throughout the process, children should be offered the possibility to be provided with a translator in order that they may express themselves fully in their native language and/or receive support from someone familiar with the child’s ethnic, religious and cultural background. These professionals should be trained on the specific needs of children in the context of international migration, including gender, cultural, religious and other intersecting aspects.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":12,"text":"Ibid., paras. 123-124."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0037","docId":"crc-c-gc-22-cmw-c-gc-3","idx":37,"n":37,"text":"37. States parties should take all measures appropriate to fully promote and facilitate the participation of children, including providing them with the opportunity to be heard in any administrative or judicial proceeding related to their or their families’ cases, including any decision on care, shelter or migration status. Children should be heard independently of their parents, and their individual circumstances should be included in the consideration of the family’s cases. Specific best-interests assessments should be carried out in those procedures, and the child’s specific reasons for the migration should be taken into account. Regarding the significant relationship between the right to be heard and the best interests of the child, the Committee on the Rights of the Child has already stated that there can be no correct application of article 3 if the components of article 12 are not respected. Likewise, article 3 reinforces the functionality of article 12, facilitating the essential role of children in all decisions affecting their lives.[[fn:13]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":13,"text":"Ibid., para. 74."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text references 'article 3' alongside 'article 12' of the CRC in its discussion of best interests and the right to be heard."},{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text references 'article 12' components and CRC Committee guidance; no other treaty in scope."},{"article":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second reference to art 3 in the same paragraph confirming relationship with art 12, both CRC."},{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second reference to art 12 in the same paragraph; text only discusses CRC articles throughout."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0038","docId":"crc-c-gc-22-cmw-c-gc-3","idx":38,"n":38,"text":"38. States parties should take all appropriate measures aimed at ensuring children’s right to be heard in the immigration procedures concerning their parents, in particular where the decision could affect the children’s rights, such as the right to not be separated from their parents, except when such separation is in their best interests (see art. 9 of the Convention on the Rights of the Child).","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"9","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names '(see art. 9 of the Convention on the Rights of the Child)' for the right not to be separated from parents."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0039","docId":"crc-c-gc-22-cmw-c-gc-3","idx":39,"n":39,"text":"39. States parties should adopt measures directed at facilitating the participation of all children in the context of international migration in the design, implementation, monitoring and evaluation of policies that could directly or indirectly affect them, as individuals or a group, including in the fields of social policies and social services. Initiatives should be taken to prepare girls and transgender children to participate actively, effectively and equally with boys at all levels of social, economic, political and cultural leadership. In countries of origin, the participation of children is paramount in developing policies on and in processes aimed at addressing drivers of the migration of children and/or their parents and developing policies in that regard. In addition, States should adopt measures aimed at empowering children affected by international migration to participate on different levels, through consultations, collaborations and child-led initiatives, and at ensuring that civil society organizations, including children associations and child-led organizations, can participate effectively in policy dialogues and processes on children in the context of international migration, at the local, national, regional and international levels. Any limitations on children’s freedom of association, including through legally establishing associations, should be removed.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"9","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading at end of text explicitly assigns art 9 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Section heading at end of text explicitly assigns art 6 to 'the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0040","docId":"crc-c-gc-22-cmw-c-gc-3","idx":40,"n":40,"text":"40. Article 6 of the Convention on the Rights of the Child highlights the States parties’ obligations to ensure the right of life, survival and development of the child, including the physical, mental, moral, spiritual and social dimensions of his or her development.[[fn:14]] At any point during the migratory process, a child’s right to life and survival may be at stake owing to, inter alia, violence as a result of organized crime, violence in camps, push-back or interception operations, excessive use of force of border authorities, refusal of vessels to rescue them, or extreme conditions of travel and limited access to basic services. Unaccompanied and separated children may face further vulnerabilities and can be more exposed to risks, such as gender-based, sexual and other forms of violence and trafficking for sexual or labour exploitation. Children travelling with their families often also witness and experience violence. While migration can provide opportunities to improve living conditions and escape from abuses, migration processes can pose risks, including physical harm, psychological trauma, marginalization, discrimination, xenophobia and sexual and economic exploitation, family separation, immigration raids and detention.[[fn:15]] At the same time, the obstacles children may face in gaining access to education, adequate housing, sufficient safe food and water or health services can negatively affect the physical, mental, spiritual, moral and social development of migrant children and children of migrants.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":14,"text":"See Committee on the Rights of the Child, general comment No. 5 (2003) on general measures of implementation of the Convention, para. 12."},{"n":15,"text":"See Committee on the Rights of the Child, general comment No. 20 (2016) on the implementation of the rights of the child during adolescence, para. 76."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","D. Right to life, survival and development (article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 6 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'Article 6 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0041","docId":"crc-c-gc-22-cmw-c-gc-3","idx":41,"n":41,"text":"41. The Committees acknowledge that the lack of regular and safe channels for children and families to migrate contribute to children taking life-threatening and extremely dangerous migration journeys. The same is true for border control and surveillance measures that focus on repression rather than facilitating, regulating and governing mobility, including detention and deportation practices, lack of timely family reunification opportunities and lack of avenues for regularization.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","D. Right to life, survival and development (article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 6 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0042","docId":"crc-c-gc-22-cmw-c-gc-3","idx":42,"n":42,"text":"42. In the view of the Committees, the obligation of States parties under article 6 of the Convention on the Rights of the Child and article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families include the prevention and reduction — to the maximum extent possible — of migration-related risks faced by children, which may jeopardize a child’s right to life, survival and development. States, especially those of transit and destination, should devote special attention to the protection of undocumented children, whether unaccompanied and separated or with families, and to the protection of asylum-seeking children, stateless children and child victims of transnational organized crime, including trafficking, sale of children, commercial sexual exploitation of children and child marriage. States should also consider the specific vulnerable circumstances that could face migrant children on the basis of their gender and other factors, such as poverty, ethnicity, disability, religion, sexual orientation, gender identity or others, that may aggravate the child’s vulnerability to sexual abuse, exploitation, violence, among other human rights abuses, throughout the entire migratory process. Specific policies and measures, including access to child-friendly, gender-sensitive and safe judicial and non-judicial remedies, should be put in place in order to fully protect and assist such children, aiming to facilitate their ability to resume their lives with their rights as children fully respected, protected and fulfilled.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","D. Right to life, survival and development (article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 6 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 6 of the Convention on the Rights of the Child'."},{"article":"9","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0043","docId":"crc-c-gc-22-cmw-c-gc-3","idx":43,"n":43,"text":"43. The Committees underline the interrelation between articles 2, 6 and 27 (1) of the Convention on the Rights of the Child; States parties should ensure that children in the context of international migration, regardless of their status or that of their parents, have a standard of living adequate for their physical, mental, spiritual and moral development.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","D. Right to life, survival and development (article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 6 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 6 and 27 (1)' to 'the Convention on the Rights of the Child'."},{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 6 and 27 (1)' to 'the Convention on the Rights of the Child'."},{"article":"27","paragraph":"1","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 6 and 27 (1)' to 'the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0044","docId":"crc-c-gc-22-cmw-c-gc-3","idx":44,"n":44,"text":"44. The Committees are concerned that policies or practices that deny or restrict basic rights, including labour rights and other social rights, to adult migrants owing to their nationality, statelessness, ethnic origin or migration status may directly or indirectly affect children’s right to life, survival and development. Such policies would also obstruct the design of comprehensive migration policies and the efforts made to bring migration into the mainstream of development policies. Therefore, in line with article 18 of the Convention on the Rights of the Child, States parties should ensure that children’s development, and their best interests, are taken fully into account when it comes to policies and decisions aimed at regulating their parents’ access to social rights, regardless of their migration status. Similarly, children’s right to development, and their best interests, should be taken into consideration when States address, in general or individually, the situation of migrants residing irregularly, including through the implementation of regularization mechanisms as a means to promote integration and prevent exploitation and marginalization of migrant children and their families.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","D. Right to life, survival and development (article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 6 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 18 of the Convention on the Rights of the Child'."},{"article":"9","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 9, 10 and 22 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"10","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 9, 10 and 22 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"22","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 9, 10 and 22 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 6, 22 and 37 to 'the Convention on the Rights of the Child'."},{"article":"22","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 6, 22 and 37 to 'the Convention on the Rights of the Child'."},{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 6, 22 and 37 to 'the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0045","docId":"crc-c-gc-22-cmw-c-gc-3","idx":45,"n":45,"text":"45. States parties should respect non-refoulement obligations deriving from international human rights, humanitarian, refugee and customary international law.[[fn:16]] The Committees highlight that the principle of non-refoulement has been interpreted by international human rights bodies, regional human rights courts and national courts to be an implicit guarantee flowing from the obligations to respect, protect and fulfil human rights. It prohibits States from removing individuals, regardless of migration, nationality, asylum or other status, from their jurisdiction when they would be at risk of irreparable harm upon return, including persecution, torture, gross violations of human rights or other irreparable harm.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":16,"text":"Article 33 of the 1951 Convention relating to the Status of Refugees, article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and article 16 of the International Convention for the Protection of All Persons from Enforced Disappearance."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","E. Non-refoulement, prohibition of collective expulsion (articles 9, 10 and 22 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 6, 22 and 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0046","docId":"crc-c-gc-22-cmw-c-gc-3","idx":46,"n":46,"text":"46. The Committees are concerned that some States parties choose to recognize a narrow definition of the non-refoulement principle. The Committees have already pointed out[[fn:17]] that States shall not reject a child at a border or return him or her to a country where there are substantial grounds for believing that he or she is at real risk of irreparable harm, such as, but by no means limited to, those contemplated under articles 6 (1) and 37 of the Convention on the Rights of the Child, either in the country to which removal is to be effected or in any country to which the child may subsequently be removed. Such non-refoulement obligations apply irrespective of whether serious violations of those rights guaranteed under the Convention originate from non-State actors or whether such violations are directly intended or are the indirect consequence of States parties’ action or inaction.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":17,"text":"See Committee on the Rights of the Child, general comment No. 6, para. 27, and Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, para. 50."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","E. Non-refoulement, prohibition of collective expulsion (articles 9, 10 and 22 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 6, 22 and 37 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"6","paragraph":"1","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 6 (1) and 37 of the Convention on the Rights of the Child'."},{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 6 (1) and 37 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0047","docId":"crc-c-gc-22-cmw-c-gc-3","idx":47,"n":47,"text":"47. The Committees recall that article 22 (1) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and other international and regional human rights instruments forbid collective expulsions and require that each case that could eventually become an expulsion be examined and decided individually, ensuring the effective fulfilment of all the due process guarantees and the right to access to justice. States parties should adopt all measures necessary in order to prevent collective expulsions of migrant children and families.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","E. Non-refoulement, prohibition of collective expulsion (articles 9, 10 and 22 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 6, 22 and 37 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"22","paragraph":"1","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'the International Convention on the Protection of the Rights of All Migrant Workers' and the article number matches; CMW art. 22 prohibits collective expulsions."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0048","docId":"crc-c-gc-22-cmw-c-gc-3","idx":48,"n":48,"text":"48. The Committees stress that a comprehensive interpretation of the Conventions should lead States parties to develop bilateral, regional and global cooperation in order to ensure the rights of all children in the context of international migration, taking into consideration the guidance developed in the present joint general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. International cooperation"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0049","docId":"crc-c-gc-22-cmw-c-gc-3","idx":49,"n":49,"text":"49. The Committees recognize the importance of coordinating efforts among countries of origin, transit, destination and return, and their roles and responsibilities in addressing the needs of children in the context of international migration and in safeguarding their rights, with the best interests of the child being a primary consideration.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. International cooperation"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0050","docId":"crc-c-gc-22-cmw-c-gc-3","idx":50,"n":50,"text":"50. The Committees reaffirm that, in all international, regional or bilateral cooperation agreements on border management and migration governance, the impacts of such initiatives on children’s rights should be duly considered and adaptations made as necessary to uphold the rights of the child. The Committees are concerned by the increase in bilateral or multilateral cooperation agreements that focus on restricting migration, which have demonstrably negative impacts on children’s rights, and instead urge cooperation that facilitates safe, orderly and regular migration with full respect for human rights.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. International cooperation"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0051","docId":"crc-c-gc-22-cmw-c-gc-3","idx":51,"n":51,"text":"51. States parties should also avail themselves of technical cooperation from the international community, including from the United Nations agencies and entities and regional organizations for the implementation of migration policies in respect of children in line with the present joint general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. International cooperation"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0052","docId":"crc-c-gc-22-cmw-c-gc-3","idx":52,"n":52,"text":"52. States parties should disseminate widely the present joint general comment to all stakeholders, in particular parliaments, governmental authorities, including child protection and migration authorities and personnel, and the judiciary, at all national, regional and local levels. It should be made known to all children and all relevant professionals and stakeholders, including those working for and with children (i.e., judges, lawyers, police and other law enforcement entities, teachers, guardians, social workers, staff of public or private welfare institutions and shelters, and health-care providers), the media and civil society at large.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["V. Dissemination and use of the joint general comment and reporting"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0053","docId":"crc-c-gc-22-cmw-c-gc-3","idx":53,"n":53,"text":"53. The present joint general comment should be translated into relevant languages, and child-friendly/appropriate versions and formats accessible to persons with disabilities should be made available. Conferences, seminars, workshops and other events should be held to share good practices on how best to implement it. It should also be incorporated into the formal pre- and in-service training of all concerned professionals and to technical staff in particular, as well as to child protection and migration authorities and personnel, and should be made available to all national and local human rights institutions, and other human rights civil society organizations.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["V. Dissemination and use of the joint general comment and reporting"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0054","docId":"crc-c-gc-22-cmw-c-gc-3","idx":54,"n":54,"text":"54. States parties should include in their periodic reports under article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and article 44 of the Convention on the Rights of the Child information about the measures guided by the present joint general comment that they have implemented and their outcomes.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["V. Dissemination and use of the joint general comment and reporting"],"citedArticles":[{"article":"73","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"44","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 44 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0055","docId":"crc-c-gc-22-cmw-c-gc-3","idx":55,"n":55,"text":"States that have not yet done so are encouraged to ratify or accede to: (a)The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, including by making the binding declarations under articles 76 and 77; (b)The Convention on the Rights of the Child; (c)The Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography; (d)The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; (e)The Optional Protocol to the Convention on the Rights of the Child on a communications procedure.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["VI. Treaty ratification or accession and reservations"],"citedArticles":[{"article":"76","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text says 'binding declarations under articles 76 and 77' in the context of the CMW, which contains those inter-State complaint articles."},{"article":"77","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text says 'binding declarations under articles 76 and 77' in the context of the CMW; CRC has no art 77."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0056","docId":"crc-c-gc-22-cmw-c-gc-3","idx":56,"n":56,"text":"56. States parties are encouraged to review, modify and/or withdraw reservations made upon ratification or accession, with a view to ensuring that children in the context of international migration fully enjoy all of their rights under both Conventions.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["VI. Treaty ratification or accession and reservations"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0001","docId":"crc-c-gc-23-cmw-c-gc-4","idx":1,"n":1,"text":"The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child contain legally binding obligations that relate both in general and specifically to the protection of the human rights of children and migrants. Both Conventions contain several provisions that establish specific obligations related to the rights of children in the context of international migration in the countries of origin, transit, destination and return[[fn:2]].1","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[],"section":["I. Introduction"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0002","docId":"crc-c-gc-23-cmw-c-gc-4","idx":2,"n":2,"text":"The present joint general comment was adopted at the same time as joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights of children in the context of international migration. While that general comment and the present one are stand-alone documents in their own right, the two complement each other and should be read and implemented together. The drafting process included a series of global and regional consultations held between May and July 2017 with representatives of key stakeholders and experts, including children and migrant organizations, in Bangkok, Beirut, Berlin, Dakar, Geneva, Madrid and Mexico City. In addition, the Committees received more than 80 written contributions from States, United Nations agencies and entities, civil society organizations, national human rights institutions and other stakeholders from every region of the world between November 2015 and August 2017.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0003","docId":"crc-c-gc-23-cmw-c-gc-4","idx":3,"n":3,"text":"3. The definition of the child under the Convention on the Rights of the Child provides rights and protection until the age of 18. The Committees are concerned that children between 15 and 18 years tend to be provided much lower levels of protection, and are sometimes considered as adults or left with an ambiguous migration status until they reach 18 years of age. States are urged to ensure that equal standards of protection are provided to every child, including those above the age of 15 years and regardless of their migration status. In accordance with the Guidelines for Alternative Care of Children,[[fn:2]] States should provide adequate follow-up, support and transition measures for children as they approach 18 years of age, particularly those leaving a care context, including by ensuring access to long-term regular migration status and reasonable opportunities for completing education, access to decent jobs and integrating into the society they live in.[[fn:3]] The child should be adequately prepared for independent living during this transition period, and competent authorities shall ensure adequate follow-up of the individual situation. The Committees additionally encourage States to take protective and support measures beyond the age of 18 years.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":2,"text":"General Assembly resolution 64/142, annex."},{"n":3,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion on the rights of all children in the context of international migration, paras. 68-69. Available from www.ohchr.org/Documents/HRBodies/CRC/Discussions/2012/DGD2012ReportAndRecommendations.pdf."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","A. Age"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0004","docId":"crc-c-gc-23-cmw-c-gc-4","idx":4,"n":4,"text":"4. To make an informed estimate of age, States should undertake a comprehensive assessment of the child’s physical and psychological development, conducted by specialist paediatricians or other professionals who are skilled in combining different aspects of development. Such assessments should be carried out in a prompt, child-friendly, gender-sensitive and culturally appropriate manner, including interviews of children and, as appropriate, accompanying adults, in a language the child understands. Documents that are available should be considered genuine unless there is proof to the contrary, and statements by children and their parents or relatives must be considered. The benefit of the doubt should be given to the individual being assessed. States should refrain from using medical methods based on, inter alia, bone and dental exam analysis, which may be inaccurate, with wide margins of error, and can also be traumatic and lead to unnecessary legal processes. States should ensure that their determinations can be reviewed or appealed to a suitable independent body.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","A. Age"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0005","docId":"crc-c-gc-23-cmw-c-gc-4","idx":5,"n":5,"text":"5. Every child, at all times, has a fundamental right to liberty and freedom from immigration detention.[[fn:4]] The Committee on the Rights of the Child has asserted that the detention of any child because of their or their parents’ migration status constitutes a child rights violation and contravenes the principle of the best interests of the child.[[fn:5]] In this light, both Committees have repeatedly affirmed that children should never be detained for reasons related to their or their parents’ migration status and States should expeditiously and completely cease or eradicate the immigration detention of children. Any kind of child immigration detention should be forbidden by law and such prohibition should be fully implemented in practice.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":4,"text":"Convention on the Rights of the Child, art. 37; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, arts. 16 and 17; Universal Declaration of Human Rights, arts. 3 and 9; International Covenant on Civil and Political Rights, art. 9."},{"n":5,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 78. See also the United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court (A/HRC/30/37, annex), in particular principle 21, para. 46, and guideline 21."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0006","docId":"crc-c-gc-23-cmw-c-gc-4","idx":6,"n":6,"text":"6. Immigration detention is understood by the Committees as any setting in which a child is deprived of his/her liberty for reasons related to his/her, or his/her parents’, migration status, regardless of the name and reason given to the action of depriving a child of his or her liberty, or the name of the facility or location where the child is deprived of liberty.[[fn:6]] “Reasons related to migration status” is understood by the Committees to be a person’s migratory or residence status, or the lack thereof, whether relating to irregular entry or stay or not, consistent with the Committees’ previous guidance.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":6,"text":"Deprivation of liberty is defined in article 4 (2) of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment as “any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority”. Rule 11 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty states: “For the purposes of the Rules, the following definitions should apply: … (b) The deprivation of liberty means any form of detention or imprisonment or the placement of a person in a public or private custodial setting, from which this person is not permitted to leave at will, by order of any judicial, administrative or other public authority.”"}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0007","docId":"crc-c-gc-23-cmw-c-gc-4","idx":7,"n":7,"text":"7. In addition, both the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families have emphasized that children should not be criminalized or subject to punitive measures, such as detention, because of their or their parents’ migration status.[[fn:7]] Irregular entry and stay do not constitute crimes per se against persons, property or national security.[[fn:8]] Criminalizing irregular entry and stay exceeds the legitimate interest of States parties to control and regulate migration, and leads to arbitrary detention.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":7,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 78."},{"n":8,"text":"See Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, para. 24."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0008","docId":"crc-c-gc-23-cmw-c-gc-4","idx":8,"n":8,"text":"8. The Committee on the Rights of the Child, in relation to unaccompanied and separated children, stated in 2005 that children should not be deprived of their liberty and that detention cannot be justified solely on the basis of the child being unaccompanied or separated, or on their migratory or residence status or lack thereof.[[fn:9]]","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":9,"text":"See Committee on the Rights of the Child, general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, para. 61."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0009","docId":"crc-c-gc-23-cmw-c-gc-4","idx":9,"n":9,"text":"9. The Committees emphasize the harm inherent in any deprivation of liberty and the negative impact that immigration detention can have on children’s physical and mental health and on their development, even when they are detained for a short period of time or with their families. The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has stated that “within the context of administrative immigration enforcement … the deprivation of liberty of children based on their or their parents’ migration status is never in the best interests of the child, exceeds the requirement of necessity, becomes grossly disproportionate and may constitute cruel, inhuman or degrading treatment of migrant children”.[[fn:10]]","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":10,"text":"See A/HRC/28/68, para. 80."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0010","docId":"crc-c-gc-23-cmw-c-gc-4","idx":10,"n":10,"text":"10. Article 37 (b) of the Convention of the Rights of the Child establishes the general principle that a child may be deprived of liberty only as a last resort and for the shortest appropriate period of time. However, offences concerning irregular entry or stay cannot under any circumstances have consequences similar to those derived from the commission of a crime.[[fn:11]] Therefore, the possibility of detaining children as a measure of last resort, which may apply in other contexts such as juvenile criminal justice, is not applicable in immigration proceedings as it would conflict with the principle of the best interests of the child and the right to development.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":11,"text":"See Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2, para. 24. See also Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 78. Along the same lines, see the report of the Working Group on Arbitrary Detention (A/HRC/13/30), para. 58; and the report of the Special Rapporteur on the human rights of migrants (A/HRC/20/24), paras. 31 and 38."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Article 37 (b) of the Convention of the Rights of the Child', and article 37 CRC establishes the last-resort deprivation of liberty principle for children."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0011","docId":"crc-c-gc-23-cmw-c-gc-4","idx":11,"n":11,"text":"11. Instead, States should adopt solutions that fulfil the best interests of the child, along with their rights to liberty and family life, through legislation, policy and practices that allow children to remain with their family members and/or guardians in non-custodial, community-based contexts while their immigration status is being resolved and the children’s best interests are assessed,[[fn:12]] as well as before return. When children are unaccompanied, they are entitled to special protection and assistance by the State in the form of alternative care and accommodation in accordance with the Guidelines for the Alternative Care of Children[[fn:13]] When children are accompanied, the need to keep the family together is not a valid reason to justify the deprivation of liberty of a child. When the child’s best interests require keeping the family together, the imperative requirement not to deprive the child of liberty extends to the child’s parents and requires the authorities to choose non-custodial solutions for the entire family.[[fn:14]]","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":12,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 79."},{"n":13,"text":"See Committee on the Rights of the Child, general comment No. 6, paras. 39-40."},{"n":14,"text":"See A/HRC/20/24, para. 40; Rights and Guarantees of Children in the Context of Migration and/or in Need of International Protection, Advisory Opinion OC−21/14 of 19 August 2014, Inter-American Court of Human Rights, para. 159; and A/HRC/28/68, para. 80."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0012","docId":"crc-c-gc-23-cmw-c-gc-4","idx":12,"n":12,"text":"12. Consequently, child and family immigration detention should be prohibited by law and its abolishment ensured in policy and practice. Resources dedicated to detention should be diverted to non-custodial solutions carried out by competent child protection actors engaging with the child and, where applicable, his or her family. The measures offered to the child and the family should not imply any kind of child or family deprivation of liberty and should be based on an ethic of care and protection, not enforcement.[[fn:15]] They should focus on case resolution in the best interests of the child and provide all the material, social and emotional conditions necessary to ensure the comprehensive protection of the rights of the child, allowing for children’s holistic development. Independent public bodies, as well as civil society organizations, should be able to regularly monitor these facilities or measures. Children and families should have access to effective remedies in case any kind of immigration detention is enforced.","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":15,"text":"See the Guidelines for the Alternative Care of Children."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0013","docId":"crc-c-gc-23-cmw-c-gc-4","idx":13,"n":13,"text":"13. In the view of the Committees, child protection and welfare actors should take primary responsibility for children in the context of international migration. When a migrant child is first detected by immigration authorities, child protection or welfare officials should immediately be informed and be in charge of screening the child for protection, shelter and other needs. Unaccompanied and separated children should be placed in the national/local alternative care system, preferably in family-type care with their own family when available, or otherwise in community care when family is not available. These decisions have to be taken within a child-sensitive due process framework, including the child’s rights to be heard, to have access to justice and to challenge before a judge any decision that could deprive him or her of liberty,[[fn:16]] and should take into account the vulnerabilities and needs of the child, including those based on their gender, disability, age, mental health, pregnancy or other conditions.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":16,"text":"See United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court, in particular guideline 18 (see A/HRC/30/37, para. 100)."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0014","docId":"crc-c-gc-23-cmw-c-gc-4","idx":14,"n":14,"text":"14. Access to justice is a fundamental right in itself and a prerequisite for the protection and promotion of all other human rights, and as such it is of paramount importance that every child in the context of international migration is empowered to claim his/her rights. The responsibility of States parties requires structural and proactive interventions to ensure fair, effective and prompt access to justice. The Committee on the Rights of the Child, in its general comment No. 5 (2003) on general measures of implementation of the Convention, held that an effective remedy requires effective, child-sensitive procedures. It further outlined that such procedures should guarantee the adoption of certain specific measures in order to ensure that administrative and judicial proceedings are adapted to the needs and development of children, and that the best interests of the child is a primary consideration in all such proceedings.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0015","docId":"crc-c-gc-23-cmw-c-gc-4","idx":15,"n":15,"text":"15. The Committees are of the view that States should ensure that their legislation, policies, measures and practices guarantee child-sensitive due process in all migration and asylum administrative and judicial proceedings affecting the rights of children and/or those of their parents. All children, including children accompanied by parents or other legal guardians, should be treated as individual rights holders, their child-specific needs considered equally and individually and their views appropriately heard and given due weight. They should have access to administrative and judicial remedies against decisions affecting their own situation or that of their parents, to guarantee that all decisions are taken in their best interests[[fn:17]] Measures should be taken to avoid undue delays in migration/asylum procedures that could negatively affect children’s rights, including family reunification procedures. Unless it is contrary to the child’s best interests, speedy proceedings should be encouraged, provided that this does not restrict any due process guarantees.","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":17,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 75."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0016","docId":"crc-c-gc-23-cmw-c-gc-4","idx":16,"n":16,"text":"16. Children should be able to bring complaints before courts, administrative tribunals or other bodies at lower levels that are easily accessible to them, e.g., in child protection and youth institutions, schools and national human rights institutions, and should be able to receive advice and representation in a child-friendly manner by professionals with specialized knowledge of children and migration issues when their rights have been violated. States should ensure standardized policies to guide authorities in offering free, quality legal advice and representation for migrant, asylum-seeking and refugee children, including equal access for unaccompanied and separated children in local authority care and undocumented children.[[fn:18]]","labels":["Refugees & asylum-seekers","Migrants","Children","Adolescents","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":18,"text":"Human Rights Council resolution 25/6. See also Advisory Opinion OC−21/14 of 19 August 2014, Inter-American Court of Human Rights, paras. 108-143."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0017","docId":"crc-c-gc-23-cmw-c-gc-4","idx":17,"n":17,"text":"More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to: (a) Access to the territory, regardless of the documentation they have or lack, and to be referred to authorities in charge of evaluating their needs in terms of protection of their rights, ensuring their procedural safeguards; (b) Be notified of the existence of a proceeding and of the decision adopted in the context of the immigration and asylum proceedings, its implications and possibilities for appeal; (c ) Have the immigration proceedings conducted by a specialized official or judge, and any interviews carried out in person by professionals trained in communicating with children; (d) Be heard and take part in all stages of the proceedings and be assisted without charge by a translator and/or interpreter; (e ) Have effective access to communication with consular officials and consular assistance, and to receive child-sensitive rights-based consular protection; (f) Be assisted by an attorney trained and/or experienced in representing children at all stages of the proceedings and communicate freely with the representative, and have access to free legal aid; (g) Have the application and procedures involving children be treated as a priority, while ensuring ample time to prepare for proceedings and that all due process guarantees are preserved; (h) Appeal the decision to a higher court or independent authority, with suspensive effect; (i) For unaccompanied and separated children, have appointed a competent guardian, as expeditiously as possible, who serves as a key procedural safeguard to ensure respect for their best interests[[fn:20]];19 (j) Be fully informed throughout the entire procedure, together with their guardian and legal adviser, including information on their rights and all relevant information that could affect them.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0018","docId":"crc-c-gc-23-cmw-c-gc-4","idx":18,"n":18,"text":"18. The Committees recognize the negative impacts on children’s well-being of having an insecure and precarious migration status. The Committees therefore recommend that States ensure that there are clear and accessible status determination procedures for children to regularize their status on various grounds (such as length of residence).","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0019","docId":"crc-c-gc-23-cmw-c-gc-4","idx":19,"n":19,"text":"19. The Committees are of the opinion that a comprehensive interpretation of the Convention on the Rights of the Child with articles 7 (a), 23 and 65 (2) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families should imply the development and implementation of effective consular protection policies which include specific measures directed to protecting children’s rights, such as providing ongoing training to consular staff on the two Conventions, as well as on other human rights instruments, and promoting protocols on consular protection services.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"7","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 7 (a), 23 and 65 (2) of the International Convention on the Protection of the Rights of All Migrant Workers'; regex mis-assigned to CRC."},{"article":"23","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 7 (a), 23 and 65 (2) of the International Convention on the Protection of the Rights of All Migrant Workers'; regex mis-assigned to CRC."},{"article":"65","paragraph":"2","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 7 (a), 23 and 65 (2) of the International Convention on the Protection of the Rights of All Migrant Workers'; regex mis-assigned to CRC."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0020","docId":"crc-c-gc-23-cmw-c-gc-4","idx":20,"n":20,"text":"20. The lack of birth registration may have many negative impacts on the enjoyment of children’s rights, such as child marriage, trafficking, forced recruitment and child labour. Birth registrations may also help to achieve convictions against those who have abused a child. Unregistered children are at particular risk of becoming stateless when born to parents who are in an irregular migration situation, due to barriers to acquiring nationality in the country of origin of the parents as well as to accessing birth registration and nationality at the place of their birth.[[fn:20]]","labels":["Migrants","Children","Non-citizens and stateless"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":20,"text":"According to article 1 of the Convention relating to the Status of Stateless Persons, a stateless person is “a person who is not considered as a national by any State under the operation of its law”."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0021","docId":"crc-c-gc-23-cmw-c-gc-4","idx":21,"n":21,"text":"21. The Committees urge States parties to take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates, irrespective of their migration status or that of their parents. Legal and practical obstacles to birth registration should be removed, including by prohibiting data sharing between health providers or civil servants responsible for registration with immigration enforcement authorities; and not requiring parents to produce documentation regarding their migration status. Measures should also be taken to facilitate late registration of birth and to avoid financial penalties for late registration. Children who have not been registered should be ensured equal access to health care, protection, education and other social services.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0022","docId":"crc-c-gc-23-cmw-c-gc-4","idx":22,"n":22,"text":"22. Should a child’s identity documents have been procured irregularly on his or her behalf and the child requests the restoration of his or her identity documents, States parties are encouraged to adopt flexible measures in the best interests of the child, specifically by issuing corrected documents and avoiding prosecution where falsification has been committed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0023","docId":"crc-c-gc-23-cmw-c-gc-4","idx":23,"n":23,"text":"23. Article 7 of the Convention on the Rights of the Child places emphasis on the prevention of statelessness by specifying that States parties shall ensure the implementation of the rights of a child to be registered, to a name, to acquire a nationality and to know and be cared for by his or her parents. The same right is enshrined for all children of migrant workers in article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"7","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'Article 7 of the Convention on the Rights of the Child'."},{"article":"29","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0024","docId":"crc-c-gc-23-cmw-c-gc-4","idx":24,"n":24,"text":"24. While States are not obliged to grant their nationality to every child born in their territory, they are required to adopt every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he or she is born. A key measure is the conferral of nationality to a child born on the territory of the State, at birth or as early as possible after birth, if the child would otherwise be stateless.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0025","docId":"crc-c-gc-23-cmw-c-gc-4","idx":25,"n":25,"text":"25. Nationality laws that discriminate with regard to the transmission or acquisition of nationality on the basis of prohibited grounds, including in relation to the child and/or his or her parents’ race, ethnicity, religion, gender, disability and migration status, should be repealed. Furthermore, all nationality laws should be implemented in a non-discriminatory manner, including with regard to residence status in relation to the length of residency requirements, to ensure that every child’s right to a nationality is respected, protected and fulfilled.","labels":["Migrants","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0026","docId":"crc-c-gc-23-cmw-c-gc-4","idx":26,"n":26,"text":"26. States should strengthen measures to grant nationality to children born in their territory in situations where they would otherwise be stateless. When the law of a mother’s country of nationality does not recognize a woman’s right to confer nationality on her children and/or spouse, children may face the risk of statelessness. Likewise, where nationality laws do not guarantee women’s autonomous right to acquire, change or retain their nationality in marriage, girls in the situation of international migration who married under the age of 18 years may face the risk of being stateless, or be confined in abusive marriages out of fear of being stateless. States should take immediate steps to reform nationality laws that discriminate against women by granting equal rights to men and women to confer nationality on their children and spouses and regarding the acquisition, change or retention of their nationality.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0027","docId":"crc-c-gc-23-cmw-c-gc-4","idx":27,"n":27,"text":"27. The right to protection of family life is recognized in international and regional human rights instruments, including the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Therefore, this right should be fully respected, protected and fulfilled in relation to every child without any kind of discrimination, regardless of their residency or nationality status. States should comply with their international legal obligations in terms of maintaining family unity, including siblings, and preventing separation, which should be a primary focus, in accordance with the Guidelines for the Alternative Care of Children. Protection of the right to a family environment frequently requires that States not only refrain from actions which could result in family separation or other arbitrary interference in the right to family life, but also take positive measures to maintain the family unit, including the reunion of separated family members. The Committee on the Rights of the Child, in its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, states that the term “parents” must be interpreted in a broad sense to include biological, adoptive or foster parents, or, where applicable, the members of the extended family or community as provided for by local custom.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0028","docId":"crc-c-gc-23-cmw-c-gc-4","idx":28,"n":28,"text":"28. The right to family unity for migrants may intersect with States’ legitimate interests in making decisions on the entry or stay of non-nationals in their territory. However, children in the context of international migration and families should not be subjected to arbitrary or unlawful interference with their privacy and family life.[[fn:21]] Separating a family by deporting or removing a family member from a State party’s territory, or otherwise refusing to allow a family member to enter or remain in the territory, may amount to arbitrary or unlawful interference with family life.[[fn:22]]","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":21,"text":"See Human Rights Committee, general comment No. 15 (1986) on the position of aliens under the Covenant, para. 7."},{"n":22,"text":"Human Rights Committee, communications No. 2009/2010, Ilyasov v. Kazakhstan, Views adopted on 23 July 2014; No. 2243/2013, Husseini v. Denmark, Views adopted on 24 October 2014; No. 1875/2009, M.G.C. v. Australia, Views adopted on 26 March 2015; No. 1937/2010, Leghaei and others v. Australia, Views adopted on 26 March 2015; and No. 2081/2011, D.T. v. Canada, Views adopted on 15 July 2006."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0029","docId":"crc-c-gc-23-cmw-c-gc-4","idx":29,"n":29,"text":"29. The Committees are of the view that the rupture of the family unit by the expulsion of one or both parents based on a breach of immigration laws related to entry or stay is disproportionate, as the sacrifice inherent in the restriction of family life and the impact on the life and development of the child is not outweighed by the advantages obtained by forcing the parent to leave the territory because of an immigration-related offence.[[fn:23]] Migrant children and their families should also be protected in cases where expulsions would constitute arbitrary interference with the right to family and private life.[[fn:24]] The Committees recommend that States provide avenues for status regularization for migrants in an irregular situation residing with their children, particularly when a child has been born or has lived in the country of destination for an extended period of time, or when return to the parent’s country of origin would be against the child’s best interests. Where the expulsion of parents is based on criminal offences, their children’s rights, including the right to have their best interests be a primary consideration and their right to be heard and have their views taken seriously, should be ensured, also taking into account the principle of proportionality and other human rights principles and standards.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":23,"text":"See Advisory Opinion OC−21/14 of 19 August 2014, Inter-American Court of Human Rights, para. 280."},{"n":24,"text":"See Committee on the on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 50."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0030","docId":"crc-c-gc-23-cmw-c-gc-4","idx":30,"n":30,"text":"30. The Committees are concerned about cases where children are separated from parents and placed in alternative care by child protection systems when there are no concerns related to parental abuse and neglect. Financial and material poverty, or conditions directly and uniquely attributable to such poverty, should never be the sole justification for removing a child from parental care, for receiving a child into alternative care or for preventing a child’s social reintegration. In this regard, States should provide appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities, including by providing social benefits and child allowances and other social support services regardless of the migration status of the parents or the child.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0031","docId":"crc-c-gc-23-cmw-c-gc-4","idx":31,"n":31,"text":"31. The Committees are also of the opinion that based on article 18 of the Convention on the Rights of the Child, a comprehensive approach to the child’s right to a family environment in the context of migration should contemplate measures directed at enabling parents to fulfil their duties with regard to child development. Considering that irregular migration status of children and/or their parents may obstruct such goals, States should make available regular and non-discriminatory migration channels, as well as provide permanent and accessible mechanisms for children and their families to access long-term regular migration status or residency permits based on grounds such as family unity, labour relations, social integration and others.[[fn:25]]","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":25,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 91. See also article 69 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 18 of the Convention on the Rights of the Child', which addresses parental responsibilities and State support for child development."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0032","docId":"crc-c-gc-23-cmw-c-gc-4","idx":32,"n":32,"text":"32. Under article 10 of the Convention on the Rights of the Child, States parties are to ensure that applications for family reunification are dealt with in a positive, humane and expeditious manner, including facilitating the reunification of children with their parents. When the child’s relations with his or her parents and/or sibling(s) are interrupted by migration (in both the cases of the parents without the child, or of the child without his or her parents and/or sibling(s)), preservation of the family unit should be taken into account when assessing the best interests of the child in decisions on family reunification.[[fn:26]]","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":26,"text":"See Committee on the Rights of the Child, general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, para. 66."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"10","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 10 of the Convention on the Rights of the Child', which governs family reunification applications."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0033","docId":"crc-c-gc-23-cmw-c-gc-4","idx":33,"n":33,"text":"33. In the case of undocumented children in the context of international migration, States shall develop and implement guidelines, taking particular care that time limits, discretionary powers, and/or lack of transparency in administration procedures should not hinder the child’s right to family reunification.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0034","docId":"crc-c-gc-23-cmw-c-gc-4","idx":34,"n":34,"text":"34. In the case of unaccompanied or separated children, including children separated from their parents due to the enforcement of immigration laws, such as the parents’ detention, efforts to find sustainable, rights-based solutions for them should be initiated and implemented without delay, including the possibility of family reunification. If the child has family in the country of destination, the country of origin or a third country, child protection and welfare authorities in countries of transit or destination should contact family members as soon as possible. The decision as to whether a child should be reunited with his or her family in the country of origin, transit and/or destination should be based on a robust assessment in which the child’s best interests are upheld as a primary consideration and family reunification is taken into consideration, and which includes a sustainable reintegration plan where the child is guaranteed to participate in the process.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0035","docId":"crc-c-gc-23-cmw-c-gc-4","idx":35,"n":35,"text":"35. Family reunification in the country of origin should not be pursued where there is a “reasonable risk” that such a return would lead to the violation of the human rights of the child. When family reunification in the country of origin is not in the best interests of the child or not possible due to legal or other obstacles to return, the obligations under article 9 and 10 of the Convention of the Rights of the Child come into effect and should govern the State’s decisions on family reunification therein. Measures for parents to reunify with their children and/or regularize their status on the basis of their children’s best interests should be put in place. Countries should facilitate family reunification procedures in order to complete them in an expeditious manner, in line with the best interests of the child. It is recommended that States apply best interest determination procedures in finalizing family reunification.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"9","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text reads 'obligations under article 9 and 10 of the Convention of the Rights of the Child', explicitly naming the CRC; art. 9 CRC covers separation from parents."},{"article":"10","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text reads 'obligations under article 9 and 10 of the Convention of the Rights of the Child', explicitly naming the CRC; art. 10 CRC covers family reunification."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0036","docId":"crc-c-gc-23-cmw-c-gc-4","idx":36,"n":36,"text":"36. When a country of destination refuses family reunification to the child and/or to his/her family, it should provide detailed information to the child, in a child-friendly and age-appropriate manner, on the reasons for the refusal and on the child’s right to appeal.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0037","docId":"crc-c-gc-23-cmw-c-gc-4","idx":37,"n":37,"text":"37. Children that remain in their countries of origin may end up migrating irregularly and unsafely, seeking to be reunited with their parents and/or older siblings in destination countries. States should develop effective and accessible family reunification procedures that allow children to migrate in a regular manner, including children remaining in countries of origin who may migrate irregularly. States are encouraged to develop policies that enable migrants to regularly be accompanied by their families in order to avoid separation. Procedures should seek to facilitate family life and ensure that any restrictions are legitimate, necessary and proportionate. While this duty is primarily for receiving and transit countries, States of origin should also take measures to facilitate family reunification.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0038","docId":"crc-c-gc-23-cmw-c-gc-4","idx":38,"n":38,"text":"38. The Committees are aware that insufficient financial resources often hinder the exercise of the right to family reunification and that the lack of proof of adequate family income can constitute a barrier to reunion procedures. States are encouraged to provide adequate financial support and other social services to those children and their parent(s), siblings and, where applicable, other relatives.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0039","docId":"crc-c-gc-23-cmw-c-gc-4","idx":39,"n":39,"text":"39. Children in the context of international migration, in particular those who are undocumented, stateless, unaccompanied or separated from their families, are particularly vulnerable, throughout the migratory process, to different forms of violence, including neglect, abuse, kidnapping, abduction and extortion, trafficking, sexual exploitation, economic exploitation, child labour, begging or involvement in criminal and illegal activities, in countries of origin, transit, destination and return. Such children are at risk of experiencing violence by State or non-State actors or witnessing violence against their parents or others, particularly when travelling or residing in an irregular manner. The Committees draw the attention of States to article 6 of the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children under which the judicial or administrative authorities of the Contracting State have jurisdiction to take measures directed to the protection of the child’s person or property with regard to refugee children and children who, due to disturbances occurring in their country, are internationally displaced and are present on the territory as a result of their displacement.","labels":["Refugees & asylum-seekers","Migrants","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly identifies this as article 6 of the 1996 Hague Convention on parental responsibility, a Hague (non-UN) treaty outside the coded list."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0040","docId":"crc-c-gc-23-cmw-c-gc-4","idx":40,"n":40,"text":"40. The Committees are also aware that restrictive migration or asylum policies, including criminalization of irregular migration, the absence of sufficient safe, orderly, accessible and affordable regular migration channels or lack of adequate child protection systems, render migrant and asylum-seeking children, including unaccompanied or separated children, particularly vulnerable to suffering violence and abuse during their migration journey and in the countries of destination.","labels":["Refugees & asylum-seekers","Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0041","docId":"crc-c-gc-23-cmw-c-gc-4","idx":41,"n":41,"text":"41. It is essential that States take all necessary measures to prevent and combat the illicit transfer and non-return of children as well as the worst forms of child labour, including all forms of slavery, commercial sexual exploitation, the use of children for illicit activities, including begging, and hazardous work, and protect them from violence and economic exploitation. The Committees recognize that children face gender-specific risks and vulnerabilities which should be identified and specifically addressed. In many contexts, girls may be even more vulnerable to trafficking, especially for purposes of sexual exploitation. Additional measures should be taken to address the particular vulnerability of girls and boys, including those who might have a disability, as well as children who are lesbian, gay, bisexual, transgender or intersex persons, to trafficking for the purposes of sexual exploitation and abuse.","labels":["Women/girls","Children","LGBTI+","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0042","docId":"crc-c-gc-23-cmw-c-gc-4","idx":42,"n":42,"text":"42. Undocumented migrant children and parents dependent on residence or work permits, who can easily be made undocumented by their sponsor/employer, face risks of being reported to the immigration authorities by public service providers or other officials or by private individuals. This limits their enjoyment of human rights, including protection and access to justice, and makes them more vulnerable to violence and to labour and other types of exploitation and abuse,[[fn:27]] and could be the result of policies prioritizing the detection of migrants in irregular status instead of their protection from violence, abuse and exploitation, making children more vulnerable to experiencing violence or witnessing violence against a family member. Among other measures, effective firewalls between child protection services and immigration enforcement should be ensured.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":27,"text":"See Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2, para. 2."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0043","docId":"crc-c-gc-23-cmw-c-gc-4","idx":43,"n":43,"text":"43. For migrant children for whom there are indications of trafficking, sale or other forms of sexual exploitation or who may be at risk of such acts or of child marriage, States should adopt the following measures:","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0044","docId":"crc-c-gc-23-cmw-c-gc-4","idx":44,"n":44,"text":"44. Furthermore, States should take the following actions to ensure the full and effective protection of migrant children from all forms of violence and abuse:","labels":["Migrants","Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0045","docId":"crc-c-gc-23-cmw-c-gc-4","idx":45,"n":45,"text":"45. With due respect to international labour standards related to the minimum age for admission to employment and the prohibition and elimination of the worst forms of child labour, not all work carried out by migrant children who are above legal working age is exploitative or undertaken in hazardous conditions. The Committees remind States that migrant children above working age, irrespective of their status, should enjoy equal treatment to that of national children in respect of remuneration, other conditions of work and terms of employment.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","G. Right to protection from economic exploitation, including underage and hazardous work, employment conditions and social security (articles 25, 27, 52, 53, 54 and 55 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 26 and 32 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0046","docId":"crc-c-gc-23-cmw-c-gc-4","idx":46,"n":46,"text":"46. States should take all appropriate legislative and administrative measures, including a gender dimension, to regulate and protect the employment of migrant children with respect to the minimum age of employment and hazardous work. Given the specific risk to which migrant children are exposed, States shall also ensure that, in both law and practice, all necessary measures, including the provision of appropriate penalties, be taken by the competent authority to guarantee the effective enforcement of the provisions of the Convention on the Rights of the Child and relevant international standards and that migrant children:","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","G. Right to protection from economic exploitation, including underage and hazardous work, employment conditions and social security (articles 25, 27, 52, 53, 54 and 55 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 26 and 32 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0047","docId":"crc-c-gc-23-cmw-c-gc-4","idx":47,"n":47,"text":"47. With respect to social security, migrant children and their families shall have the right to the same treatment granted to nationals, insofar as they fulfil the requirements provided for by the applicable legislation of the State and the applicable bilateral and multilateral treaties. The Committees consider that in cases of necessity, States should provide emergency social assistance to migrant children and their families regardless of their migration status, without any discrimination.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","G. Right to protection from economic exploitation, including underage and hazardous work, employment conditions and social security (articles 25, 27, 52, 53, 54 and 55 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 26 and 32 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0048","docId":"crc-c-gc-23-cmw-c-gc-4","idx":48,"n":48,"text":"48. In cases of migrant families, including with children born to migrant parents, the Committees stress the interdependence between parental responsibilities for the upbringing and development of the child under articles 5 and 18 of the Convention on the Rights of the Child and labour rights for migrant workers under relevant provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Therefore, States should, as far as possible, take measures to ensure that the rights at work of migrant parents, including those in an irregular situation, are fully respected.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","G. Right to protection from economic exploitation, including underage and hazardous work, employment conditions and social security (articles 25, 27, 52, 53, 54 and 55 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 26 and 32 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"5","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 5 and 18 of the Convention on the Rights of the Child'."},{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 5 and 18 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0049","docId":"crc-c-gc-23-cmw-c-gc-4","idx":49,"n":49,"text":"49. States should ensure that children in the context of international migration have a standard of living adequate for their physical, mental, spiritual and moral development. As provided in article 27 (3) of the Convention on the Rights of the Child. States, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","H. Right to an adequate standard of living (article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 27 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"27","paragraph":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 27 (3) of the Convention on the Rights of the Child', which requires States to provide material assistance for adequate standard of living."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0050","docId":"crc-c-gc-23-cmw-c-gc-4","idx":50,"n":50,"text":"50. States parties should develop detailed guidelines on standards of reception facilities, assuring adequate space and privacy for children and their families. States should take measures to ensure an adequate standard of living in temporary locations, such as reception facilities and formal and informal camps, ensuring that these are accessible to children and their parents, including persons with disabilities, pregnant women and breastfeeding mothers. States should ensure that residential facilities do not restrict children’s day-to-day movements unnecessarily, including de facto restriction of movement.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","H. Right to an adequate standard of living (article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 27 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0051","docId":"crc-c-gc-23-cmw-c-gc-4","idx":51,"n":51,"text":"51. States should not interfere with children’s right to housing by means of measures which prevent migrants from renting properties. Measures should be taken to ensure that migrant children, regardless of their status, are able to access homeless shelters.","labels":["Migrants","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","H. Right to an adequate standard of living (article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 27 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0052","docId":"crc-c-gc-23-cmw-c-gc-4","idx":52,"n":52,"text":"52. States should develop procedures and standards to establish firewalls between public or private service providers, including public or private housing providers, and immigration enforcement authorities. Similarly, States should ensure that irregular migrant children are not criminalized for exercising their right to housing and that private actors, such as landlords and civil society organizations, who facilitate their exercise of this right are also not criminalized.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","H. Right to an adequate standard of living (article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 27 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0053","docId":"crc-c-gc-23-cmw-c-gc-4","idx":53,"n":53,"text":"53. The Convention on the Rights of the Child stipulates that States parties shall respect and ensure the rights set forth in the Convention to each child within its jurisdiction without discrimination of any kind; this includes discrimination against children on the basis of their or their parents’ migration status. The Committees therefore urge States parties to provide equitable access to economic, social and cultural rights. States are encouraged to expeditiously reform legislation, policies and practices that discriminate against migrant children and their families, including those in an irregular situation, or prevent them from effectively accessing services and benefits, for example social assistance.[[fn:28]]","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":28,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 86."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","H. Right to an adequate standard of living (article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 27 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0054","docId":"crc-c-gc-23-cmw-c-gc-4","idx":54,"n":54,"text":"54. The Committees acknowledge that a child’s physical and mental health can be affected by a variety of factors, including structural determinants such as poverty, unemployment, migration and population displacements, violence, discrimination and marginalization. The Committees are aware that migrant and refugee children may experience severe emotional distress and may have particular and often urgent mental health needs. Children should therefore have access to specific care and psychological support, recognizing that children experience stress differently from adults.","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","I. Right to health (articles 28 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 23, 24 and 39 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0055","docId":"crc-c-gc-23-cmw-c-gc-4","idx":55,"n":55,"text":"55. Every migrant child should have access to health care equal to that of nationals, regardless of their migration status. This includes all health services, whether preventive or curative, and mental, physical or psychosocial care, provided in the community or in health-care institutions. States have an obligation to ensure that children’s health is not undermined as a result of discrimination, which is a significant factor contributing to vulnerability; the implications of multiple forms of discrimination should also be addressed.[[fn:29]] Attention should be paid to addressing the gender-specific impacts of reduced access to services.[[fn:30]] In addition, migrant children should be provided full access to age-appropriate sexual and reproductive health information and services.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":29,"text":"See general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, paras. 5 and 8."},{"n":30,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 86."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","I. Right to health (articles 28 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 23, 24 and 39 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0056","docId":"crc-c-gc-23-cmw-c-gc-4","idx":56,"n":56,"text":"56. States are encouraged to emphasize a holistic approach to the right to health. Their national plans, policies, and strategies should address the health needs of migrant children and the vulnerable situations in which they may find themselves. Migrant children should have access to health services without being required to present a residence permit or asylum registration. Administrative and financial barriers to accessing services should be removed, including through the acceptance of alternative means of proving identity and residence, such as testimonial evidence.[[fn:31]] In addition, the Committees urge States to prohibit the sharing of patients’ data between health institutions and immigration authorities as well as immigration enforcement operations on or near public health premises, as these effectively limit or deprive migrant children or children born to migrant parents in an irregular situation of their right to health.[[fn:32]] Effective firewalls should be put in place in order to ensure their right to health.","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":31,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 86."},{"n":32,"text":"See Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2, para. 74."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","I. Right to health (articles 28 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 23, 24 and 39 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0057","docId":"crc-c-gc-23-cmw-c-gc-4","idx":57,"n":57,"text":"57. Discrimination can often exacerbate insufficient financial and legal protection, and may force migrant children to postpone treatment until they are seriously ill. Attention should be paid to resolving the issues surrounding complicated health services that require prompt and extensive responses, in which discriminatory approaches may severely affect the health of migrant children and significantly delay their treatment and recovery period. The commitment of health professionals should be first to their patients and to upholding children’s health as a human right.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","I. Right to health (articles 28 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 23, 24 and 39 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0058","docId":"crc-c-gc-23-cmw-c-gc-4","idx":58,"n":58,"text":"58. Restrictions on adult migrants’ right to health on the basis of their nationality or migration status could also affect their children’s right to health, life and development. Therefore, a comprehensive approach to children’s rights should include measures directed at ensuring the right to health to all migrant workers and their families, regardless of their migration status, as well as measures aimed at ensuring an intercultural approach to health policies, programmes and practices.","labels":["Migrants"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","I. Right to health (articles 28 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 23, 24 and 39 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0059","docId":"crc-c-gc-23-cmw-c-gc-4","idx":59,"n":59,"text":"59. All children in the context of international migration, irrespective of status, shall have full access to all levels and all aspects of education, including early childhood education and vocational training, on the basis of equality with nationals of the country where those children are living. This obligation implies that States should ensure equal access to quality and inclusive education for all migrant children, irrespective of their migration status. Migrant children should have access to alternative learning programmes where necessary and participate fully in examinations and receive certification of their studies.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","J. Right to education and professional training (articles 30, 43 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 28, 29, 30 and 31 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0060","docId":"crc-c-gc-23-cmw-c-gc-4","idx":60,"n":60,"text":"60. The Committees strongly urge States to expeditiously reform regulations and practices that prevent migrant children, in particular undocumented children, from registering at schools and educational institutions. States should also develop effective firewalls between educational institutions and immigration authorities and prohibit the sharing of students’ data as well as immigration enforcement operations on or near school premises, as these practices limit or deprive migrant children or children of migrant workers in an irregular situation of their right to education. To respect children’s right to education, States are also encouraged to avoid disruption during migration-related procedures, avoiding children having to move during the school year if possible, as well as supporting them to complete any compulsory and ongoing education courses when they reach the age of majority. While access to upper-level education is not compulsory, the principle of non-discrimination obliges States to provide available services to every child without discrimination on the basis of their migration status or other prohibited grounds.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","J. Right to education and professional training (articles 30, 43 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 28, 29, 30 and 31 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0061","docId":"crc-c-gc-23-cmw-c-gc-4","idx":61,"n":61,"text":"61. States should put in place adequate measures to recognize the child’s former education by acknowledging previously obtained school certificates and/or issuing new certification based on the child’s capacities and capabilities, to avoid creating stigmatization or penalization. This is equally applicable to countries of origin or third countries in the case of return.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","J. Right to education and professional training (articles 30, 43 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 28, 29, 30 and 31 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0062","docId":"crc-c-gc-23-cmw-c-gc-4","idx":62,"n":62,"text":"62. The principle of equality of treatment requires States to eliminate any discrimination against migrant children and to adopt appropriate and gender-sensitive provisions to overcome educational barriers. This means that, where necessary, targeted measures are needed, including additional language education,[[fn:33]] additional staff and other intercultural support, without discrimination of any kind. States are encouraged to dedicate staff to facilitating access to education for migrant children and to promoting the integration of migrant children into schools. In addition, States should take measures aimed at prohibiting and preventing any kind of educational segregation, to ensure that migrant children learn the new language as a means for effective integration. State efforts should include the provision of early childhood education as well as psychosocial support. States should also provide formal and non-formal learning opportunities, teacher training and life skills classes.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":33,"text":"See article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","J. Right to education and professional training (articles 30, 43 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 28, 29, 30 and 31 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0063","docId":"crc-c-gc-23-cmw-c-gc-4","idx":63,"n":63,"text":"63. States should develop concrete measures to foster intercultural dialogue between migrant and host communities and to address and prevent xenophobia or any type of discrimination or related intolerance against migrant children. In addition, integrating human rights education, including on non-discrimination, as well as migration and migrants’ rights and children’s rights, within education curricula would contribute to preventing in xenophobic or any form of discriminatory attitudes that could affect migrants’ integration in the long term.","labels":["Migrants"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","J. Right to education and professional training (articles 30, 43 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 28, 29, 30 and 31 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0064","docId":"crc-c-gc-23-cmw-c-gc-4","idx":64,"n":64,"text":"64. The Committees reaffirm the need to address international migration through international, regional or bilateral cooperation and dialogue and through a comprehensive and balanced approach, recognizing the roles and responsibilities of countries of origin, transit, destination and return in promoting and protecting the human rights of children in the context of international migration, so as to ensure safe, orderly and regular migration, with full respect for human rights and avoiding approaches that might aggravate their vulnerability. In particular, cross-border case management procedures should be established in an expeditious manner in conformity with the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children. In addition, cooperation could include initiatives aimed at strengthening financial and technical assistance as well as resettlement programmes to countries which host a large number of displaced persons, including children, from other countries and are in need of assistance. All practices should be fully in line with international human rights and refugee law obligations.","labels":["Refugees & asylum-seekers","Migrants","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. International cooperation"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0065","docId":"crc-c-gc-23-cmw-c-gc-4","idx":65,"n":65,"text":"65. In order to ensure that this comprehensive and balanced approach is consistent with the best interests of children, child protection/welfare agencies should have a key role in the development of any international, regional or bilateral agreements that affect the rights and treatment of children in the context of international migration. Bilateral, regional and international initiatives should be encouraged in order to facilitate family reunification, implement best interest assessment and determination, and guarantee children’s right to be heard and due process safeguards. Such initiatives should ensure access to justice in cross-border situations where children whose rights are affected in the country of transit or destination need it after they have returned to the country of origin or gone to a third country. In addition, States should ensure the participation of children and civil society organizations, including regional intergovernmental institutions, in these processes. States should also avail themselves of technical cooperation from the international community and United Nations agencies and entities, including the United Nations Children’s Fund and the International Organization for Migration, for the implementation of migration policies in respect of children in line with the present joint general comment.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. International cooperation"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0066","docId":"crc-c-gc-23-cmw-c-gc-4","idx":66,"n":66,"text":"66. States parties should disseminate widely the present joint general comment to all stakeholders, in particular parliaments, governmental authorities, including child protection and migration authorities and personnel, and the judiciary, at all national, regional and local levels. It should be made known to all children and all relevant professionals and stakeholders, including those working for and with children (i.e., judges, lawyers, police and other law enforcement entities, teachers, guardians, social workers, staff of public or private welfare institutions and shelters, and health-care providers), the media and civil society at large.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. Dissemination and use of the joint general comment and reporting"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0067","docId":"crc-c-gc-23-cmw-c-gc-4","idx":67,"n":67,"text":"67. The present joint general comment should be translated into relevant languages, and child-friendly/appropriate versions and formats accessible to persons with disabilities should be made available. Conferences, seminars, workshops and other events should be held to share good practices on how best to implement it. It should also be incorporated into the formal pre- and in-service training of all concerned professionals and to technical staff in particular, as well as to child protection, migration and law enforcement authorities and personnel, and should be made available to all national and local human rights institutions and other human rights civil society organizations.","labels":["Migrants","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. Dissemination and use of the joint general comment and reporting"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0068","docId":"crc-c-gc-23-cmw-c-gc-4","idx":68,"n":68,"text":"68. States parties should include in their reports under article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and article 44 of the Convention on the Rights of the Child information about the measures guided by the present joint general comments that they have implemented and their outcomes.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. Dissemination and use of the joint general comment and reporting"],"citedArticles":[{"article":"73","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"44","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 44 of the Convention on the Rights of the Child'."}]},{"id":"crc-gc-2001-1-0001","docId":"crc-gc-2001-1","idx":1,"n":1,"text":"Article 29, paragraph 1, of the Convention on the Rights of the Child is of far-reaching importance. The aims of education that it sets out, which have been agreed to by all States parties, promote, support and protect the core value of the Convention: the human dignity innate in every child and his or her equal and inalienable rights. These aims, set out in the five subparagraphs of article 29 (1) are all linked directly to the realization of the child’s human dignity and rights, taking into account the child’s special developmental needs and diverse evolving capacities. The aims are: the holistic development of the full potential of the child (29 (1) (a)), including development of respect for human rights (29 (1) (b)), an enhanced sense of identity and affiliation (29 (1) (c)), and his or her socialization and interaction with others (29 (1) (d)) and with the environment (29 (1) (e)).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0002","docId":"crc-gc-2001-1","idx":2,"n":2,"text":"Article 29 (1) not only adds to the right to education recognized in article 28 a qualitative dimension which reflects the rights and inherent dignity of the child; it also insists upon the need for education to be child-centred, child-friendly and empowering, and it highlights the need for educational processes to be based upon the very principles it enunciates.[[fn:1]] The education to which every child has a right is one designed to provide the child with life skills, to strengthen the child’s capacity to enjoy the full range of human rights and to promote a culture which is infused by appropriate human rights values. The goal is to empower the child by developing his or her skills, learning and other capacities, human dignity, self-esteem and self-confidence. “Education” in this context goes far beyond formal schooling to embrace the broad range of life experiences and learning processes which enable children, individually and collectively, to develop their personalities, talents and abilities and to live a full and satisfying life within society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":1,"text":"In this regard, the Committee takes note of General Comment No. 13 (1999) of the Committee on Economic, Social and Cultural Rights on the right to education, which deals, inter alia, with the aims of education under article 13 (1) of the International Covenant on Economic, Social and Cultural Rights. The Committee also draws attention to the general guidelines regarding the form and contents of periodic reports to be submitted by States parties under article 44, paragraph 1 (b), of the Convention, (CRC/C/58), paras. 112-116."}],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-gc-2001-1-0003","docId":"crc-gc-2001-1","idx":3,"n":3,"text":"The child’s right to education is not only a matter of access (art. 28) but also of content. An education with its contents firmly rooted in the values of article 29 (1) is for every child an indispensable tool for her or his efforts to achieve in the course of her or his life a balanced, human rights-friendly response to the challenges that accompany a period of fundamental change driven by globalization, new technologies and related phenomena. Such challenges include the tensions between, inter alia, the global and the local; the individual and the collective; tradition and modernity; long- and short-term considerations; competition and equality of opportunity; the expansion of knowledge and the capacity to assimilate it; and the spiritual and the material.[[fn:2]] And yet, in the national and international programmes and policies on education that really count the elements embodied in article 29 (1) seem all too often to be either largely missing or present only as a cosmetic afterthought.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":2,"text":"United Nations Educational, Scientific and Cultural Organization, Learning: The Treasure Within, Report of the International Commission on Education for the 21 Century, 1996, pp. 16-18."}],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0004","docId":"crc-gc-2001-1","idx":4,"n":4,"text":"4. Article 29 (1) states that the States parties agree that education should be directed to a wide range of values. This agreement overcomes the boundaries of religion, nation and culture built across many parts of the world. At first sight, some of the diverse values expressed in article 29 (1) might be thought to be in conflict with one another in certain situations. Thus, efforts to promote understanding, tolerance and friendship among all peoples, to which paragraph (1) (d) refers, might not always be automatically compatible with policies designed, in accordance with paragraph (1) (c), to develop respect for the child’s own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own. But in fact, part of the importance of this provision lies precisely in its recognition of the need for a balanced approach to education and one which succeeds in reconciling diverse values through dialogue and respect for difference. Moreover, children are capable of playing a unique role in bridging many of the differences that have historically separated groups of people from one another.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0005","docId":"crc-gc-2001-1","idx":5,"n":5,"text":"Article 29 (1) is much more than an inventory or listing of different objectives which education should seek to achieve. Within the overall context of the Convention it serves to highlight, inter alia, the following dimensions.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0006","docId":"crc-gc-2001-1","idx":6,"n":6,"text":"First, it emphasizes the indispensable interconnected nature of the Convention’s provisions. It draws upon, reinforces, integrates and complements a variety of other provisions and cannot be properly understood in isolation from them. In addition to the general principles of the Convention - non-discrimination (art. 2), the best interest of the child (art. 3), the right to life, survival and development (art. 6), and the right to express views and have them taken into account (art. 12) - many other provisions may be mentioned, such as but not limited to the rights and responsibilities of parents (arts. 5 and 18), freedom of expression (art. 13), freedom of thought (art. 14), the right to information (art. 17), the rights of children with disabilities (art. 23), the right to education for health (art. 24), the right to education (art. 28), and the linguistic and cultural rights of children belonging to minority groups (art. 30).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"14","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-gc-2001-1-0007","docId":"crc-gc-2001-1","idx":7,"n":7,"text":"Children’s rights are not detached or isolated values devoid of context, but exist within a broader ethical framework which is partly described in article 29 (1) and in the preamble to the Convention. Many of the criticisms that have been made of the Convention are specifically answered by this provision. Thus, for example, this article underlines the importance of respect for parents, of the need to view rights within their broader ethical, moral, spiritual, cultural or social framework, and of the fact that most children’s rights, far from being externally imposed, are embedded within the values of local communities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0008","docId":"crc-gc-2001-1","idx":8,"n":8,"text":"Second, the article attaches importance to the process by which the right to education is to be promoted. Thus, efforts to promote the enjoyment of other rights must not be undermined, and should be reinforced, by the values imparted in the educational process. This includes not only the content of the curriculum but also the educational processes, the pedagogical methods and the environment within which education takes place, whether it be the home, school, or elsewhere. Children do not lose their human rights by virtue of passing through the school gates. Thus, for example, education must be provided in a way that respects the inherent dignity of the child and enables the child to express his or her views freely in accordance with article 12 (1) and to participate in school life. Education must also be provided in a way that respects the strict limits on discipline reflected in article 28 (2) and promotes non-violence in school. The Committee has repeatedly made clear in its concluding observations that the use of corporal CRC/GC/2001/1 page 4 punishment does not respect the inherent dignity of the child nor the strict limits on school discipline. Compliance with the values recognized in article 29 (1) clearly requires that schools be child-friendly in the fullest sense of the term and that they be consistent in all respects with the dignity of the child. The participation of children in school life, the creation of school communities and student councils, peer education and peer counselling, and the involvement of children in school disciplinary proceedings should be promoted as part of the process of learning and experiencing the realization of rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"12","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"28","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0009","docId":"crc-gc-2001-1","idx":9,"n":9,"text":"Third, while article 28 focuses upon the obligations of State parties in relation to the establishment of educational systems and in ensuring access thereto, article 29 (1) underlines the individual and subjective right to a specific quality of education. Consistent with the Convention’s emphasis on the importance of acting in the best interests of the child, this article emphasizes the message of child-centred education: that the key goal of education is the development of the individual child’s personality, talents and abilities, in recognition of the fact that every child has unique characteristics, interests, abilities, and learning needs.[[fn:3]] Thus, the curriculum must be of direct relevance to the child’s social, cultural, environmental and economic context and to his or her present and future needs and take full account of the child’s evolving capacities; teaching methods should be tailored to the different needs of different children. Education must also be aimed at ensuring that essential life skills are learnt by every child and that no child leaves school without being equipped to face the challenges that he or she can expect to be confronted with in life. Basic skills include not only literacy and numeracy but also life skills such as the ability to make well-balanced decisions; to resolve conflicts in a non-violent manner; and to develop a healthy lifestyle, good social relationships and responsibility, critical thinking, creative talents, and other abilities which give children the tools needed to pursue their options in life.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":3,"text":"United Nations Educational, Scientific and Cultural Organization, The Salamanca Statement and Framework for Action on Special Needs Education, 1994, p. viii."}],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0010","docId":"crc-gc-2001-1","idx":10,"n":10,"text":"Discrimination on the basis of any of the grounds listed in article 2 of the Convention, whether it is overt or hidden, offends the human dignity of the child and is capable of undermining or even destroying the capacity of the child to benefit from educational opportunities. While denying a child’s access to educational opportunities is primarily a matter which relates to article 28 of the Convention, there are many ways in which failure to comply with the principles contained in article 29 (1) can have a similar effect. To take an extreme example, gender discrimination can be reinforced by practices such as a curriculum which is inconsistent with the principles of gender equality, by arrangements which limit the benefits girls can obtain from the educational opportunities offered, and by unsafe or unfriendly environments which discourage girls’ participation. Discrimination against children with disabilities is also pervasive in many formal educational systems and in a great many informal educational settings, including in the home.[[fn:4]] Children with HIV/AIDS are also heavily discriminated against in both settings.[[fn:5]] All such discriminatory practices are in direct contradiction with the requirements in article 29 (1) (a) that education be directed to the development of the child’s personality, talents and mental and physical abilities to their fullest potential.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":4,"text":"See General Comment No. 5 (1994) of the Committee on Economic, Social and Cultural Rights on persons with disabilities."},{"n":5,"text":"See the recommendations adopted by the Committee on the Rights of the Child after its day of general discussion in 1998 on children living in a world with HIV/AIDS (A/55/41, para. 1536)."}],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0011","docId":"crc-gc-2001-1","idx":11,"n":11,"text":"The Committee also wishes to highlight the links between article 29 (1) and the struggle against racism, racial discrimination, xenophobia and related intolerance. Racism and related phenomena thrive where there is ignorance, unfounded fears of racial, ethnic, religious, cultural and linguistic or other forms of difference, the exploitation of prejudices, or the teaching or dissemination of distorted values. A reliable and enduring antidote to all of these failings is the CRC/GC/2001/1 page 5 provision of education which promotes an understanding and appreciation of the values reflected in article 29 (1), including respect for differences, and challenges all aspects of discrimination and prejudice. Education should thus be accorded one of the highest priorities in all campaigns against the evils of racism and related phenomena. Emphasis must also be placed upon the importance of teaching about racism as it has been practised historically, and particularly as it manifests or has manifested itself within particular communities. Racist behaviour is not something engaged in only by “others”. It is therefore important to focus on the child’s own community when teaching human and children’s rights and the principle of non-discrimination. Such teaching can effectively contribute to the prevention and elimination of racism, ethnic discrimination, xenophobia and related intolerance.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0012","docId":"crc-gc-2001-1","idx":12,"n":12,"text":"Fourth, article 29 (1) insists upon a holistic approach to education which ensures that the educational opportunities made available reflect an appropriate balance between promoting the physical, mental, spiritual and emotional aspects of education, the intellectual, social and practical dimensions, and the childhood and lifelong aspects. The overall objective of education is to maximize the child’s ability and opportunity to participate fully and responsibly in a free society. It should be emphasized that the type of teaching that is focused primarily on accumulation of knowledge, prompting competition and leading to an excessive burden of work on children, may seriously hamper the harmonious development of the child to the fullest potential of his or her abilities and talents. Education should be child-friendly, inspiring and motivating the individual child. Schools should foster a humane atmosphere and allow children to develop according to their evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0013","docId":"crc-gc-2001-1","idx":13,"n":13,"text":"Fifth, it emphasizes the need for education to be designed and provided in such a way that it promotes and reinforces the range of specific ethical values enshrined in the Convention, including education for peace, tolerance, and respect for the natural environment, in an integrated and holistic manner. This may require a multidisciplinary approach. The promotion and reinforcement of the values of article 29 (1) are not only necessary because of problems elsewhere, but must also focus on problems within the child’s own community. Education in this regard should take place within the family, but schools and communities must also play an important role. For example, for the development of respect for the natural environment, education must link issues of environment and sustainable development with socio-economic, sociocultural and demographic issues. Similarly, respect for the natural environment should be learnt by children at home, in school and within the community, encompass both national and international problems, and actively involve children in local, regional or global environmental projects.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0014","docId":"crc-gc-2001-1","idx":14,"n":14,"text":"Sixth, it reflects the vital role of appropriate educational opportunities in the promotion of all other human rights and the understanding of their indivisibility. A child’s capacity to participate fully and responsibly in a free society can be impaired or undermined not only by outright denial of access to education but also by a failure to promote an understanding of the values recognized in this article. Human rights education","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001},{"id":"crc-gc-2001-1-0015","docId":"crc-gc-2001-1","idx":15,"n":15,"text":"Article 29 (1) can also be seen as a foundation stone for the various programmes of human rights education called for by the World Conference on Human Rights, held in Vienna CRC/GC/2001/1 page 6 in 1993, and promoted by international agencies. Nevertheless, the rights of the child have not always been given the prominence they require in the context of such activities. Human rights education should provide information on the content of human rights treaties. But children should also learn about human rights by seeing human rights standards implemented in practice, whether at home, in school, or within the community. Human rights education should be a comprehensive, life-long process and start with the reflection of human rights values in the daily life and experiences of children.[[fn:6]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":6,"text":"See General Assembly resolution 49/184 of 23 December 1994 proclaiming the United Nations Decade for Human Rights Education."}],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0016","docId":"crc-gc-2001-1","idx":16,"n":16,"text":"16. The values embodied in article 29 (1) are relevant to children living in zones of peace but they are even more important for those living in situations of conflict or emergency. As the Dakar Framework for Action notes, it is important in the context of education systems affected by conflict, natural calamities and instability that educational programmes be conducted in ways that promote mutual understanding, peace and tolerance, and that help to prevent violence and conflict. Education about international humanitarian law also constitutes an important, but all too often neglected, dimension of efforts to give effect to article 29 (1).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":7,"text":"Education for All: Meeting our Collective Commitments, adopted at the World Education Forum, Dakar, 26-28 April 2000."}],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0017","docId":"crc-gc-2001-1","idx":17,"n":17,"text":"The aims and values reflected in this article are stated in quite general terms and their implications are potentially very wide ranging. This seems to have led many States parties to assume that it is unnecessary, or even inappropriate, to ensure that the relevant principles are reflected in legislation or in administrative directives. This assumption is unwarranted. In the absence of any specific formal endorsement in national law or policy, it seems unlikely that the relevant principles are or will be used to genuinely inform educational policies. The Committee therefore calls upon all States parties to take the necessary steps to formally incorporate these principles into their education policies and legislation at all levels.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001},{"id":"crc-gc-2001-1-0018","docId":"crc-gc-2001-1","idx":18,"n":18,"text":"The effective promotion of article 29 (1) requires the fundamental reworking of curricula to include the various aims of education and the systematic revision of textbooks and other teaching materials and technologies, as well as school policies. Approaches which do no more than seek to superimpose the aims and values of the article on the existing system without encouraging any deeper changes are clearly inadequate. The relevant values cannot be effectively integrated into, and thus be rendered consistent with, a broader curriculum unless those who are expected to transmit, promote, teach and, as far as possible, exemplify the values have themselves been convinced of their importance. Pre-service and in-service training schemes which promote the principles reflected in article 29 (1) are thus essential for teachers, educational administrators and others involved in child education. It is also important that the teaching methods used in schools reflect the spirit and educational philosophy of the Convention on the Rights of the Child and the aims of education laid down in article 29 (1).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0019","docId":"crc-gc-2001-1","idx":19,"n":19,"text":"In addition, the school environment itself must thus reflect the freedom and the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin called for in article 29 (1) (b) and (d). A school which allows bullying or other violent and exclusionary practices to occur is not one which meets the requirements of article 29 (1). The term “human rights education” is too often used in a way which greatly oversimplifies its connotations. What is needed, in CRC/GC/2001/1 page 7 addition to formal human rights education, is the promotion of values and policies conducive to human rights not only within schools and universities but also within the broader community.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0020","docId":"crc-gc-2001-1","idx":20,"n":20,"text":"In general terms, the various initiatives that States parties are required to take pursuant to their Convention obligations will be insufficiently grounded in the absence of widespread dissemination of the text of the Convention itself, in accordance with the provisions of article 42. This will also facilitate the role of children as promoters and defenders of children’s rights in their daily lives. In order to facilitate broader dissemination, States parties should report on the measures they have taken to achieve this objective and the Office of the High Commissioner for Human Rights should develop a comprehensive database of the language versions of the Convention that have been produced.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"42","source":"regex"}]},{"id":"crc-gc-2001-1-0021","docId":"crc-gc-2001-1","idx":21,"n":21,"text":"The media, broadly defined, also have a central role to play, both in promoting the values and aims reflected in article 29 (1) and in ensuring that their activities do not undermine the efforts of others to promote those objectives. Governments are obligated by the Convention, pursuant to article 17 (a), to take all appropriate steps to “encourage the mass media to disseminate information and material of social and cultural benefit to the child”.[[fn:8]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":8,"text":"The Committee recalls the recommendations in this respect which emerged from its day of general discussion in 1996 on the child and the media (see A/53/41 para. 1396). - - - - -"}],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-gc-2001-1-0022","docId":"crc-gc-2001-1","idx":22,"n":22,"text":"The Committee calls upon States parties to devote more attention to education as a dynamic process and to devising means by which to measure changes over time in relation to article 29 (1). Every child has the right to receive an education of good quality which in turn requires a focus on the quality of the learning environment, of teaching and learning processes and materials, and of learning outputs. The Committee notes the importance of surveys that may provide an opportunity to assess the progress made, based upon consideration of the views of all actors involved in the process, including children currently in or out of school, teachers and youth leaders, parents, and educational administrators and supervisors. In this respect, the Committee emphasizes the role of national-level monitoring which seeks to ensure that children, parents and teachers can have an input in decisions relevant to education.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0023","docId":"crc-gc-2001-1","idx":23,"n":23,"text":"The Committee calls upon States parties to develop a comprehensive national plan of action to promote and monitor realization of the objectives listed in article 29 (1). If such a plan is drawn up in the larger context of a national action plan for children, a national human rights action plan, or a national human rights education strategy, the Government must ensure that it nonetheless addresses all of the issues dealt with in article 29 (1) and does so from a child-rights perspective. The Committee urges that the United Nations and other international bodies concerned with educational policy and human rights education seek better coordination so as to enhance the effectiveness of the implementation of article 29 (1).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0024","docId":"crc-gc-2001-1","idx":24,"n":24,"text":"The design and implementation of programmes to promote the values reflected in this article should become part of the standard response by Governments to almost all situations in which patterns of human rights violations have occurred. Thus, for example, where major incidents of racism, racial discrimination, xenophobia and related intolerance occur which involve those under 18, it can reasonably be presumed that the Government has not done all that it should to promote the values reflected in the Convention generally, and in article 29 (1) in particular. Appropriate additional measures under article 29 (1) should therefore be adopted which include research on and adoption of whatever educational techniques might have a positive impact in achieving the rights recognized in the Convention. CRC/GC/2001/1 page 8","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0025","docId":"crc-gc-2001-1","idx":25,"n":25,"text":"States parties should also consider establishing a review procedure which responds to complaints that existing policies or practices are not consistent with article 29 (1). Such review procedures need not necessarily entail the creation of new legal, administrative, or educational bodies. They might also be entrusted to national human rights institutions or to existing administrative bodies. The Committee requests each State party when reporting on this article to identify the genuine possibilities that exist at the national or local level to obtain a review of existing approaches which are claimed to be incompatible with the Convention. Information should be provided as to how such reviews can be initiated and how many such review procedures have been undertaken within the reporting period.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0026","docId":"crc-gc-2001-1","idx":26,"n":26,"text":"In order to better focus the process of examining States parties’ reports dealing with article 29 (1), and in accordance with the requirement in article 44 that reports shall indicate factors and difficulties, the Committee requests each State party to provide a detailed indication in its periodic reports of what it considers to be the most important priorities within its jurisdiction which call for a more concerted effort to promote the values reflected in this provision and to outline the programme of activities which it proposes to take over the succeeding five years in order to address the problems identified.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"44","source":"regex"}]},{"id":"crc-gc-2001-1-0027","docId":"crc-gc-2001-1","idx":27,"n":27,"text":"The Committee calls upon United Nations bodies and agencies and other competent bodies whose role is underscored in article 45 of the Convention to contribute more actively and systematically to the Committee’s work in relation to article 29 (1).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"45","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0028","docId":"crc-gc-2001-1","idx":28,"n":28,"text":"Implementation of comprehensive national plans of action to enhance compliance with article 29 (1) will require human and financial resources which should be available to the maximum extent possible, in accordance with article 4. Therefore, the Committee considers that resource constraints cannot provide a justification for a State party’s failure to take any, or enough, of the measures that are required. In this context, and in light of the obligations upon States parties to promote and encourage international cooperation both in general terms (arts. 4 and 45 of the Convention) and in relation to education (art. 28 (3)), the Committee urges States parties providing development cooperation to ensure that their programmes are designed so as to take full account of the principles contained in article 29 (1). CRC/GC/2001/1 page 9 Notes","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"28","paragraph":"3","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0001","docId":"crc-c-gc-10","idx":1,"n":1,"text":"1. In the reports they submit to the Committee on the Rights of the Child (hereafter: the Committee), States parties often pay quite detailed attention to the rights of children alleged as, accused of, or recognized as having infringed the penal law, also referred to as “children in conflict with the law”. In line with the Committee’s guidelines for periodic reporting, the implementation of articles 37 and 40 of the Convention on the Rights of the Child (hereafter: CRC) is the main focus of the information provided by the States parties. The Committee notes with appreciation the many efforts to establish an administration of juvenile justice in compliance with CRC. However, it is also clear that many States parties still have a long way to go in achieving full compliance with CRC, e.g. in the areas of procedural rights, the development and implementation of measures for dealing with children in conflict with the law without resorting to judicial proceedings, and the use of deprivation of liberty only as a measure of last resort.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-10-0002","docId":"crc-c-gc-10","idx":2,"n":2,"text":"2. The Committee is equally concerned about the lack of information on the measures that States parties have taken to prevent children from coming into conflict with the law. This may be the result of a lack of a comprehensive policy for the field of juvenile justice. This may also explain why many States parties are providing only very limited statistical data on the treatment of children in conflict with the law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["I. INTRODUCTION"]},{"id":"crc-c-gc-10-0003","docId":"crc-c-gc-10","idx":3,"n":3,"text":"3. The experience in reviewing the States parties’ performance in the field of juvenile justice is the reason for the present general comment, by which the Committee wants to provide the States parties with more elaborated guidance and recommendations for their efforts to establish an administration of juvenile justice in compliance with CRC. This juvenile justice, which should promote, inter alia, the use of alternative measures such as diversion and restorative justice, will provide States parties with possibilities to respond to children in conflict with the law in an effective manner serving not only the best interests of these children, but also the short and long-term interest of the society at large.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["I. INTRODUCTION"]},{"id":"crc-c-gc-10-0004","docId":"crc-c-gc-10","idx":4,"n":4,"text":"4. At the outset, the Committee wishes to underscore that CRC requires States parties to develop and implement a comprehensive juvenile justice policy. This comprehensive approach should not be limited to the implementation of the specific provisions contained in articles 37 and 40 of CRC, but should also take into account the general principles enshrined in articles 2, 3, 6 and 12, and in all other relevant articles of CRC, such as articles 4 and 39. Therefore, the objectives of this general comment are:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["II. THE OBJECTIVES OF THE PRESENT GENERAL COMMENT"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-10-0005","docId":"crc-c-gc-10","idx":5,"n":5,"text":"5. Before elaborating on the requirements of CRC in more detail, the Committee will first mention the leading principles of a comprehensive policy for juvenile justice. In the administration of juvenile justice, States parties have to apply systematically the general principles contained in articles 2, 3, 6 and 12 of CRC, as well as the fundamental principles of juvenile justice enshrined in articles 37 and 40.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-10-0006","docId":"crc-c-gc-10","idx":6,"n":6,"text":"6. States parties have to take all necessary measures to ensure that all children in conflict with the law are treated equally. Particular attention must be paid to de facto discrimination and disparities, which may be the result of a lack of a consistent policy and involve vulnerable groups of children, such as street children, children belonging to racial, ethnic, religious or linguistic minorities, indigenous children, girl children, children with disabilities and children who are repeatedly in conflict with the law (recidivists). In this regard, training of all professionals involved in the administration of juvenile justice is important (see paragraph 97 below), as well as the establishment of rules, regulations or protocols which enhance equal treatment of child offenders and provide redress, remedies and compensation.","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Non-discrimination (art. 2)"]},{"id":"crc-c-gc-10-0007","docId":"crc-c-gc-10","idx":7,"n":7,"text":"7. Many children in conflict with the law are also victims of discrimination, e.g. when they try to get access to education or to the labour market. It is necessary that measures are taken to prevent such discrimination, inter alia, as by providing former child offenders with appropriate support and assistance in their efforts to reintegrate in society, and to conduct public campaigns emphasizing their right to assume a constructive role in society (art. 40 (1)).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0008","docId":"crc-c-gc-10","idx":8,"n":8,"text":"8. It is quite common that criminal codes contain provisions criminalizing behavioural problems of children, such as vagrancy, truancy, runaways and other acts, which often are the result of psychological or socio-economic problems. It is particularly a matter of concern that girls and street children are often victims of this criminalization. These acts, also known as Status Offences, are not considered to be such if committed by adults. The Committee recommends that the States parties abolish the provisions on status offences in order to establish","labels":["Women/girls","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"56","source":"regex"}]},{"id":"crc-c-gc-10-0009","docId":"crc-c-gc-10","idx":9,"n":9,"text":"9. In addition, behaviour such as vagrancy, roaming the streets or runaways should be dealt with through the implementation of child protective measures, including effective support for parents and/or other caregivers and measures which address the root causes of this behaviour.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Non-discrimination (art. 2)"]},{"id":"crc-c-gc-10-0010","docId":"crc-c-gc-10","idx":10,"n":10,"text":"10. In all decisions taken within the context of the administration of juvenile justice, the best interests of the child should be a primary consideration. Children differ from adults in their physical and psychological development, and their emotional and educational needs. Such differences constitute the basis for the lesser culpability of children in conflict with the law. These and other differences are the reasons for a separate juvenile justice system and require a different treatment for children. The protection of the best interests of the child means, for instance, that the traditional objectives of criminal justice, such as repression/retribution, must give way to rehabilitation and restorative justice objectives in dealing with child offenders. This can be done in concert with attention to effective public safety.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Best interests of the child (art. 3)"]},{"id":"crc-c-gc-10-0011","docId":"crc-c-gc-10","idx":11,"n":11,"text":"11. This inherent right of every child should guide and inspire States parties in the development of effective national policies and programmes for the prevention of juvenile delinquency, because it goes without saying that delinquency has a very negative impact on the child’s development. Furthermore, this basic right should result in a policy of responding to juvenile delinquency in ways that support the child’s development. The death penalty and a life sentence without parole are explicitly prohibited under article 37 (a) of CRC (see paragraphs 7577 below). The use of deprivation of liberty has very negative consequences for the child’s harmonious development and seriously hampers his/her reintegration in society. In this regard, article 37 (b) explicitly provides that deprivation of liberty, including arrest, detention and imprisonment, should be used only as a measure of last resort and for the shortest appropriate period of time, so that the child’s right to development is fully respected and ensured (see paragraphs 78-88 below).[[fn:1]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"footnotes":[{"n":1,"text":"Note that the rights of a child deprived of his/her liberty, as recognized in CRC, apply with respect to children in conflict with the law, and to children placed in institutions for the purposes of care, protection or treatment, including mental health, educational, drug treatment, child protection or immigration institutions."}],"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","The right to life, survival and development (art. 6)"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0012","docId":"crc-c-gc-10","idx":12,"n":12,"text":"The right of the child to express his/her views freely in all matters affecting the child should be fully respected and implemented throughout every stage of the process of juvenile CRC/C/GC/10 page 6 justice (see paragraphs 43-45 below). The Committee notes that the voices of children involved in the juvenile justice system are increasingly becoming a powerful force for improvements and reform, and for the fulfilment of their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","The right to be heard (art. 12)"]},{"id":"crc-c-gc-10-0013","docId":"crc-c-gc-10","idx":13,"n":13,"text":"13. CRC provides a set of fundamental principles for the treatment to be accorded to children in conflict with the law:","labels":["Children","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Dignity (art. 40 (1))"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 1 of UDHR' - UDHR is a declaration, not an in-scope treaty."},{"article":"29","paragraph":"1","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text says 'art. 29 (1) (b) of CRC' explicitly."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text says 'guarantees for a fair trial recognized in article 40 (2)' in the context of juvenile justice/CRC; CRC art. 40(2) is the fair-trial provision."}]},{"id":"crc-c-gc-10-0014","docId":"crc-c-gc-10","idx":14,"n":14,"text":"14. The Committee acknowledges that the preservation of public safety is a legitimate aim of the justice system. However, it is of the opinion that this aim is best served by a full respect for and implementation of the leading and overarching principles of juvenile justice as enshrined in CRC.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Dignity (art. 40 (1))"]},{"id":"crc-c-gc-10-0015","docId":"crc-c-gc-10","idx":15,"n":15,"text":"15. A comprehensive policy for juvenile justice must deal with the following core elements: the prevention of juvenile delinquency; interventions without resorting to judicial proceedings and interventions in the context of judicial proceedings; the minimum age of criminal responsibility and the upper age-limits for juvenile justice; the guarantees for a fair trial; and deprivation of liberty including pretrial detention and post-trial incarceration.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY"]},{"id":"crc-c-gc-10-0016","docId":"crc-c-gc-10","idx":16,"n":16,"text":"16. One of the most important goals of the implementation of CRC is to promote the full and harmonious development of the child’s personality, talents and mental and physical abilities (preamble, and articles 6 and 29). The child should be prepared to live an individual and responsible life in a free society (preamble, and article 29), in which he/she can assume a constructive role with respect for human rights and fundamental freedoms (arts. 29 and 40). In this regard, parents have the responsibility to provide the child, in a manner consistent with his evolving capacities, with appropriate direction and guidance in the exercise of her/his rights as recognized in the Convention. In the light of these and other provisions of CRC, it is obviously not in the best interests of the child if he/she grows up in circumstances that may cause an increased or serious risk of becoming involved in criminal activities. Various measures should be taken for the full and equal implementation of the rights to an adequate standard of living (art. 27), to the highest attainable standard of health and access to health care (art. 24), to education (arts. 28 and 29), to protection from all forms of physical or mental violence, injury or abuse (art. 19), and from economic or sexual exploitation (arts. 32 and 34), and to other appropriate services for the care or protection of children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-10-0017","docId":"crc-c-gc-10","idx":17,"n":17,"text":"17. As stated above, a juvenile justice policy without a set of measures aimed at preventing juvenile delinquency suffers from serious shortcomings. States parties should fully integrate into their comprehensive national policy for juvenile justice the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) adopted by the General Assembly in its resolution 45/112 of 14 December 1990.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"]},{"id":"crc-c-gc-10-0018","docId":"crc-c-gc-10","idx":18,"n":18,"text":"18. The Committee fully supports the Riyadh Guidelines and agrees that emphasis should be placed on prevention policies that facilitate the successful socialization and integration of all children, in particular through the family, the community, peer groups, schools, vocational training and the world of work, as well as through voluntary organizations. This means, inter alia that prevention programmes should focus on support for particularly vulnerable families, the involvement of schools in teaching basic values (including information about the rights and responsibilities of children and parents under the law), and extending special care and attention to young persons at risk. In this regard, particular attention should also be given to children who drop out of school or otherwise do not complete their education. The use of peer group support and a strong involvement of parents are recommended. The States parties should also develop community-based services and programmes that respond to the special needs, problems, concerns and interests of children, in particular of children repeatedly in conflict with the law, and that provide appropriate counselling and guidance to their families.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"]},{"id":"crc-c-gc-10-0019","docId":"crc-c-gc-10","idx":19,"n":19,"text":"19. Articles 18 and 27 of CRC confirm the importance of the responsibility of parents for the upbringing of their children, but at the same time CRC requires States parties to provide the necessary assistance to parents (or other caretakers), in the performance of their parental responsibilities. The measures of assistance should not only focus on the prevention of negative situations, but also and even more on the promotion of the social potential of parents. There is a wealth of information on home- and family-based prevention programmes, such as parent training, programmes to enhance parent-child interaction and home visitation programmes, which can start at a very young age of the child. In addition, early childhood education has shown to be correlated with a lower rate of future violence and crime. At the community level, positive results have been achieved with programmes such as Communities that Care (CTC), a risk-focused prevention strategy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-10-0020","docId":"crc-c-gc-10","idx":20,"n":20,"text":"20. States parties should fully promote and support the involvement of children, in accordance with article 12 of CRC, and of parents, community leaders and other key actors (e.g. representatives of NGOs, probation services and social workers), in the development and implementation of prevention programmes. The quality of this involvement is a key factor in the success of these programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-10-0021","docId":"crc-c-gc-10","idx":21,"n":21,"text":"21. The Committee recommends that States parties seek support and advice from the Interagency Panel on Juvenile Justice in their efforts to develop effective prevention programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"]},{"id":"crc-c-gc-10-0022","docId":"crc-c-gc-10","idx":22,"n":22,"text":"22. Two kinds of interventions can be used by the State authorities for dealing with children alleged as, accused of, or recognized as having infringed the penal law: measures without resorting to judicial proceedings and measures in the context of judicial proceedings. The Committee reminds States parties that utmost care must be taken to ensure that the child’s human rights and legal safeguards are thereby fully respected and protected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","B. Interventions/diversion (see also section E below)"]},{"id":"crc-c-gc-10-0023","docId":"crc-c-gc-10","idx":23,"n":23,"text":"23. Children in conflict with the law, including child recidivists, have the right to be treated in ways that promote their reintegration and the child’s assuming a constructive role in society (art. 40 (1) of CRC). The arrest, detention or imprisonment of a child may be used only as a measure of last resort (art. 37 (b)). It is, therefore, necessary - as part of a comprehensive policy for juvenile justice - to develop and implement a wide range of measures to ensure that children are dealt with in a manner appropriate to their well-being, and proportionate to both their circumstances and the offence committed. These should include care, guidance and supervision, counselling, probation, foster care, educational and training programmes, and other alternatives to institutional care (art. 40 (4)).","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","B. Interventions/diversion (see also section E below)"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","paragraph":"4","source":"regex"}]},{"id":"crc-c-gc-10-0024","docId":"crc-c-gc-10","idx":24,"n":24,"text":"24. According to article 40 (3) of CRC, the States parties shall seek to promote measures for dealing with children alleged as, accused of, or recognized as having infringed the penal law without resorting to judicial proceedings, whenever appropriate and desirable. Given the fact that the majority of child offenders commit only minor offences, a range of measures involving removal from criminal/juvenile justice processing and referral to alternative (social) services (i.e. diversion) should be a well-established practice that can and should be used in most cases.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions without resorting to judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0025","docId":"crc-c-gc-10","idx":25,"n":25,"text":"25. In the opinion of the Committee, the obligation of States parties to promote measures for dealing with children in conflict with the law without resorting to judicial proceedings applies, but is certainly not limited to children who commit minor offences, such as shoplifting or other property offences with limited damage, and first-time child offenders. Statistics in many States parties indicate that a large part, and often the majority, of offences committed by children fall into these categories. It is in line with the principles set out in article 40 (1) of CRC to deal with all such cases without resorting to criminal law procedures in court. In addition to avoiding stigmatization, this approach has good results for children and is in the interests of public safety, and has proven to be more cost-effective.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions without resorting to judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0026","docId":"crc-c-gc-10","idx":26,"n":26,"text":"26. States parties should take measures for dealing with children in conflict with the law without resorting to judicial proceedings as an integral part of their juvenile justice system, and ensure that children’s human rights and legal safeguards are thereby fully respected and protected (art. 40 (3) (b)).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions without resorting to judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0027","docId":"crc-c-gc-10","idx":27,"n":27,"text":"27. It is left to the discretion of States parties to decide on the exact nature and content of the measures for dealing with children in conflict with the law without resorting to judicial proceedings, and to take the necessary legislative and other measures for their implementation. Nonetheless, on the basis of the information provided in the reports from some States parties, it is clear that a variety of community-based programmes have been developed, such as community service, supervision and guidance by for example social workers or probation officers, family conferencing and other forms of restorative justice including restitution to and compensation of victims. Other States parties should benefit from these experiences. As far as full respect for human rights and legal safeguards is concerned, the Committee refers to the relevant parts of article 40 of CRC and emphasizes the following:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions without resorting to judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-10-0028","docId":"crc-c-gc-10","idx":28,"n":28,"text":"28. When judicial proceedings are initiated by the competent authority (usually the prosecutor’s office), the principles of a fair and just trial must be applied (see section D below). At the same time, the juvenile justice system should provide for ample opportunities to deal with children in conflict with the law by using social and/or educational measures, and to strictly limit the use of deprivation of liberty, and in particular pretrial detention, as a measure of last resort. In the disposition phase of the proceedings, deprivation of liberty must be used only as a measure of last resort and for the shortest appropriate period of time (art. 37 (b)). This means that States parties should have in place a well-trained probation service to allow for the maximum and effective use of measures such as guidance and supervision orders, probation, community monitoring or day report centres, and the possibility of early release from detention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions in the context of judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0029","docId":"crc-c-gc-10","idx":29,"n":29,"text":"29. The Committee reminds States parties that, pursuant to article 40 (1) of CRC, reintegration requires that no action may be taken that can hamper the child’s full participation in his/her community, such as stigmatization, social isolation, or negative publicity of the child. For a child in conflict with the law to be dealt with in a way that promotes reintegration requires that all actions should support the child becoming a full, constructive member of his/her society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions in the context of judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0030","docId":"crc-c-gc-10","idx":30,"n":30,"text":"30. The reports submitted by States parties show the existence of a wide range of minimum ages of criminal responsibility. They range from a very low level of age 7 or 8 to the commendable high level of age 14 or 16. Quite a few States parties use two minimum ages of criminal responsibility. Children in conflict with the law who at the time of the commission of the crime are at or above the lower minimum age but below the higher minimum age are assumed to be criminally responsible only if they have the required maturity in that regard. The assessment of this maturity is left to the court/judge, often without the requirement of involving a psychological expert, and results in practice in the use of the lower minimum age in cases of serious crimes. The system of two minimum ages is often not only confusing, but leaves much to the discretion of the court/judge and may result in discriminatory practices. In the light of this wide range of minimum ages for criminal responsibility the Committee feels that there is a need to provide the States parties with clear guidance and recommendations regarding the minimum age of criminal responsibility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"]},{"id":"crc-c-gc-10-0031","docId":"crc-c-gc-10","idx":31,"n":31,"text":"31. Article 40 (3) of CRC requires States parties to seek to promote, inter alia, the establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law, but does not mention a specific minimum age in this regard. The committee understands this provision as an obligation for States parties to set a minimum age of criminal responsibility (MACR). This minimum age means the following:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0032","docId":"crc-c-gc-10","idx":32,"n":32,"text":"32. Rule 4 of the Beijing Rules recommends that the beginning of MACR shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity. In line with this rule the Committee has recommended States parties not to set a MACR at a too low level and to increase the existing low MACR to an internationally acceptable level. From these recommendations, it can be concluded that a minimum age of criminal responsibility below the age of 12 years is considered by the Committee not to be internationally acceptable. States parties are encouraged to increase their lower MACR to the age of 12 years as the absolute minimum age and to continue to increase it to a higher age level.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"]},{"id":"crc-c-gc-10-0033","docId":"crc-c-gc-10","idx":33,"n":33,"text":"33. At the same time, the Committee urges States parties not to lower their MACR to the age of 12. A higher MACR, for instance 14 or 16 years of age, contributes to a juvenile justice system which, in accordance with article 40 (3) (b) of CRC, deals with children in conflict with the law without resorting to judicial proceedings, providing that the child’s human rights and legal safeguards are fully respected. In this regard, States parties should inform the Committee in their reports in specific detail how children below the MACR set in their laws are treated when they are recognized as having infringed the penal law, or are alleged as or accused of having done so, and what kinds of legal safeguards are in place to ensure that their treatment is as fair and just as that of children at or above MACR.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0034","docId":"crc-c-gc-10","idx":34,"n":34,"text":"34. The Committee wishes to express its concern about the practice of allowing exceptions to a MACR which permit the use of a lower minimum age of criminal responsibility in cases where","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"]},{"id":"crc-c-gc-10-0035","docId":"crc-c-gc-10","idx":35,"n":35,"text":"35. If there is no proof of age and it cannot be established that the child is at or above the MACR, the child shall not be held criminally responsible (see also paragraph 39 below).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"]},{"id":"crc-c-gc-10-0036","docId":"crc-c-gc-10","idx":36,"n":36,"text":"36. The Committee also wishes to draw the attention of States parties to the upper age-limit for the application of the rules of juvenile justice. These special rules - in terms both of special procedural rules and of rules for diversion and special measures - should apply, starting at the MACR set in the country, for all children who, at the time of their alleged commission of an offence (or act punishable under the criminal law), have not yet reached the age of 18 years.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The upper age-limit for juvenile justice"]},{"id":"crc-c-gc-10-0037","docId":"crc-c-gc-10","idx":37,"n":37,"text":"37. The Committee wishes to remind States parties that they have recognized the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in accordance with the provisions of article 40 of CRC. This means that every person under the age of 18 years at the time of the alleged commission of an offence must be treated in accordance with the rules of juvenile justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The upper age-limit for juvenile justice"],"citedArticles":[{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-10-0038","docId":"crc-c-gc-10","idx":38,"n":38,"text":"38. The Committee, therefore, recommends that those States parties which limit the applicability of their juvenile justice rules to children under the age of 16 (or lower) years, or which allow by way of exception that 16 or 17-year-old children are treated as adult criminals, change their laws with a view to achieving a non-discriminatory full application of their juvenile justice rules to all persons under the age of 18 years. The Committee notes with appreciation that some States parties allow for the application of the rules and regulations of juvenile justice to persons aged 18 and older, usually till the age of 21, either as a general rule or by way of exception.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The upper age-limit for juvenile justice"]},{"id":"crc-c-gc-10-0039","docId":"crc-c-gc-10","idx":39,"n":39,"text":"39. Finally, the Committee wishes to emphasize the fact that it is crucial for the full implementation of article 7 of CRC requiring, inter alia, that every child shall be registered immediately after birth to set age-limits one way or another, which is the case for all States parties. A child without a provable date of birth is extremely vulnerable to all kinds of abuse and injustice regarding the family, work, education and labour, particularly within the juvenile justice system. Every child must be provided with a birth certificate free of charge whenever he/she needs it to prove his/her age. If there is no proof of age, the child is entitled to a reliable medical or social investigation that may establish his/her age and, in the case of conflict or inconclusive evidence, the child shall have the right to the rule of the benefit of the doubt.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The upper age-limit for juvenile justice"],"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"}]},{"id":"crc-c-gc-10-0040","docId":"crc-c-gc-10","idx":40,"n":40,"text":"40. Article 40 (2) of CRC contains an important list of rights and guarantees that are all meant to ensure that every child alleged as or accused of having infringed the penal law receives fair treatment and trial. Most of these guarantees can also be found in article 14 of the International Covenant on Civil and Political Rights (ICCPR), which the Human Rights Committee elaborated and commented on in its general comment No. 13 (1984) (Administration of justice) which is currently in the process of being reviewed. However, the implementation of these guarantees for children does have some specific aspects which will be presented in this section. Before doing so, the Committee wishes to emphasize that a key condition for a proper and effective implementation of these rights or guarantees is the quality of the persons involved in the administration of juvenile justice. The training of professionals, such as police officers, prosecutors, legal and other representatives of the child, judges, probation officers, social workers and others is crucial and should take place in a systematic and ongoing manner. These professionals should be well informed about the child’s, and particularly about the adolescent’s physical, psychological, mental and social development, as well as about the special needs of the most vulnerable children, such as children with disabilities, displaced children, street children, refugee and asylum-seeking children, and children belonging to racial, ethnic, religious, linguistic or other minorities (see paragraphs 6-9 above). Since girls in the juvenile justice system may be easily overlooked because they represent only a small group, special attention must be paid to the particular needs of the girl child, e.g. in relation to prior abuse and special health needs. Professionals and staff should act under all circumstances in a manner consistent with the child’s dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others, and which promotes the child’s reintegration and his/her assuming a constructive role in society (art. 40 (1)). All the guarantees recognized in article 40 (2), which will be dealt with hereafter, are minimum standards, meaning that States parties can and should try to establish and observe higher standards, e.g. in the areas of legal assistance and the involvement of the child and her/his parents in the judicial process.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons in street situations","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","D. The guarantees for a fair trial"],"citedArticles":[{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Article 40 (2) of CRC' — CRC art. 40(2) (fair trial guarantees in juvenile justice)."},{"article":"14","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 14 of the International Covenant on Civil and Political Rights (ICCPR)' — ICCPR art. 14 (fair trial). Regex defaulted to CRC."},{"article":"40","paragraph":"1","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Context reference to 'article 40 (1)' of CRC — dignity/worth provision of CRC art. 40."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second occurrence of CRC art. 40(2) — same provision discussed throughout."}]},{"id":"crc-c-gc-10-0041","docId":"crc-c-gc-10","idx":41,"n":41,"text":"41. Article 40 (2) (a) of CRC affirms that the rule that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time it was committed is also applicable to children (see also article 15 of ICCPR). It means that no child can be charged with or sentenced under the penal law for acts or omissions which at the time they were committed were not prohibited under national or international law. In the light of the fact that many States parties have recently strengthened and/or expanded their criminal law provisions to prevent and combat terrorism, the Committee recommends that States parties ensure that these changes do not result in retroactive or unintended punishment of children. The Committee also wishes to remind States parties that the rule that no heavier penalty shall be imposed than the one that was applicable at the time when the criminal offence was committed, as expressed in article 15 of ICCPR, is in the light of article 41 of CRC, applicable to children in the States parties to ICCPR. No child shall be punished with a heavier penalty than the one applicable at the time of his/her infringement of the penal law. But if a change of law after the act provides for a lighter penalty, the child should benefit from this change.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","No retroactive juvenile justice (art. 40 (2) (a))"],"citedArticles":[{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'Article 40 (2) (a) of CRC affirms that the rule that no one shall be held guilty…' — CRC art. 40(2)(a)."},{"article":"15","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states '(see also article 15 of ICCPR)' — ICCPR art. 15 (no punishment without law). Regex defaulted to CRC."},{"article":"15","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'the rule that no heavier penalty … as expressed in article 15 of ICCPR' — ICCPR art. 15."},{"article":"41","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'in the light of article 41 of CRC' — CRC art. 41 (most favourable standards clause). Home treaty."}]},{"id":"crc-c-gc-10-0042","docId":"crc-c-gc-10","idx":42,"n":42,"text":"42. The presumption of innocence is fundamental to the protection of the human rights of children in conflict with the law. It means that the burden of proof of the charge(s) brought against the child is on the prosecution. The child alleged as or accused of having infringed the penal law has the benefit of doubt and is only guilty as charged if these charges have been proven beyond reasonable doubt. The child has the right to be treated in accordance with this presumption and it is the duty of all public authorities or others involved to refrain from prejudging the outcome of the trial. States parties should provide information about child development to ensure that this presumption of innocence is respected in practice. Due to the lack of understanding of the process, immaturity, fear or other reasons, the child may behave in a suspicious manner, but the authorities must not assume that the child is guilty without proof of guilt beyond any reasonable doubt.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The presumption of innocence (art. 40 (2) (b) (i))"]},{"id":"crc-c-gc-10-0043","docId":"crc-c-gc-10","idx":43,"n":43,"text":"43. Article 12 (2) of CRC requires that a child be provided with the opportunity to be heard in any judicial or administrative proceedings affecting the child, either directly or through a representative or an appropriate body in a manner consistent with the procedural rules of national law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-10-0044","docId":"crc-c-gc-10","idx":44,"n":44,"text":"44. It is obvious that for a child alleged as, accused of, or recognized as having infringed the penal law, the right to be heard is fundamental for a fair trial. It is equally obvious that the child has the right to be heard directly and not only through a representative or an appropriate body if it is in her/his best interests. This right must be fully observed at all stages of the process, starting with pretrial stage when the child has the right to remain silent, as well as the right to be heard by the police, the prosecutor and the investigating judge. But it also applies to the stages of adjudication and of implementation of the imposed measures. In other words, the child must be given the opportunity to express his/her views freely, and those views should be given due weight in accordance with the age and maturity of the child (art. 12 (1)), throughout the juvenile justice process. This means that the child, in order to effectively participate in the proceedings, must be informed not only of the charges (see paragraphs 47-48 below), but also of the juvenile justice process as such and of the possible measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0045","docId":"crc-c-gc-10","idx":45,"n":45,"text":"45. The child should be given the opportunity to express his/her views concerning the (alternative) measures that may be imposed, and the specific wishes or preferences he/she may have in this regard should be given due weight. Alleging that the child is criminally responsible implies that he/she should be competent and able to effectively participate in the decisions regarding the most appropriate response to allegations of his/her infringement of the penal law (see paragraph 46 below). It goes without saying that the judges involved are responsible for taking the decisions. But to treat the child as a passive object does not recognize his/her rights nor does it contribute to an effective response to his/her behaviour. This also applies to the implementation of the measure(s) imposed. Research shows that an active engagement of the child in this implementation will, in most cases, contribute to a positive result.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to be heard (art. 12)"]},{"id":"crc-c-gc-10-0046","docId":"crc-c-gc-10","idx":46,"n":46,"text":"46. A fair trial requires that the child alleged as or accused of having infringed the penal law be able to effectively participate in the trial, and therefore needs to comprehend the charges, and possible consequences and penalties, in order to direct the legal representative, to challenge witnesses, to provide an account of events, and to make appropriate decisions about evidence, testimony and the measure(s) to be imposed. Article 14 of the Beijing Rules provides that the proceedings should be conducted in an atmosphere of understanding to allow the child to participate and to express himself/herself freely. Taking into account the child’s age and maturity may also require modified courtroom procedures and practices.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to effective participation in the proceedings (art 40 (2) (b) (iv))"],"citedArticles":[{"treaty":"CRC","article":"14","source":"regex"}]},{"id":"crc-c-gc-10-0047","docId":"crc-c-gc-10","idx":47,"n":47,"text":"47. Every child alleged as or accused of having infringed the penal law has the right to be informed promptly and directly of the charges brought against him/her. Prompt and direct means as soon as possible, and that is when the prosecutor or the judge initially takes procedural steps against the child. But also when the authorities decide to deal with the case without resorting to judicial proceedings, the child must be informed of the charge(s) that may justify this approach. This is part of the requirement of article 40 (3) (b) of CRC that legal safeguards should be fully respected. The child should be informed in a language he/she understands. This may require a presentation of the information in a foreign language but also a “translation” of the formal legal jargon often used in criminal/juvenile charges into a language that the child can understand.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to effective participation in the proceedings (art 40 (2) (b) (iv))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0048","docId":"crc-c-gc-10","idx":48,"n":48,"text":"48. Providing the child with an official document is not enough and an oral explanation may often be necessary. The authorities should not leave this to the parents or legal guardians or the child’s legal or other assistance. It is the responsibility of the authorities (e.g. police, prosecutor, judge) to make sure that the child understands each charge brought against him/her. The Committee is of the opinion that the provision of this information to the parents or legal guardians should not be an alternative to communicating this information to the child. It is most appropriate if both the child and the parents or legal guardians receive the information in such a way that they can understand the charge(s) and the possible consequences.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to effective participation in the proceedings (art 40 (2) (b) (iv))"]},{"id":"crc-c-gc-10-0049","docId":"crc-c-gc-10","idx":49,"n":49,"text":"49. The child must be guaranteed legal or other appropriate assistance in the preparation and presentation of his/her defence. CRC does require that the child be provided with assistance, which is not necessarily under all circumstances legal but it must be appropriate. It is left to the discretion of States parties to determine how this assistance is provided but it should be free of charge. The Committee recommends the State parties provide as much as possible for adequate trained legal assistance, such as expert lawyers or paralegal professionals. Other appropriate assistance is possible (e.g. social worker), but that person must have sufficient knowledge and understanding of the various legal aspects of the process of juvenile justice and must be trained to work with children in conflict with the law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"]},{"id":"crc-c-gc-10-0050","docId":"crc-c-gc-10","idx":50,"n":50,"text":"50. As required by article 14 (3) (b) of ICCPR, the child and his/her assistant must have adequate time and facilities for the preparation of his/her defence. Communications between the child and his/her assistance, either in writing or orally, should take place under such conditions that the confidentiality of such communications is fully respected in accordance with the guarantee provided for in article 40 (2) (b) (vii) of CRC, and the right of the child to be protected against interference with his/her privacy and correspondence (art. 16 of CRC). A number of States parties have made reservations regarding this guarantee (art. 40 (2) (b) (ii) of CRC), apparently assuming that it requires exclusively the provision of legal assistance and therefore by a lawyer. That is not the case and such reservations can and should be withdrawn.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"],"citedArticles":[{"article":"14","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'As required by article 14 (3) (b) of ICCPR' — ICCPR art. 14(3)(b) (adequate time for defence). Regex defaulted to CRC."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'guarantee provided for in article 40 (2) (b) (vii) of CRC' — CRC art. 40(2)(b)(vii) (confidentiality of communications)."},{"article":"16","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'the right of the child to be protected against interference with his/her privacy and correspondence (art. 16 of CRC)' — CRC art. 16 (privacy)."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'reservations regarding this guarantee (art. 40 (2) (b) (ii) of CRC)' — CRC art. 40(2)(b)(ii)."}]},{"id":"crc-c-gc-10-0051","docId":"crc-c-gc-10","idx":51,"n":51,"text":"51. Internationally there is a consensus that for children in conflict with the law the time between the commission of the offence and the final response to this act should be as short as","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))"],"citedArticles":[{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'article 37 (d) of CRC, where the child deprived of liberty has the right to a prompt decision' — CRC art. 37(d) (prompt review of detention)."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'the term \"without delay\" (art. 40 (2) (b) (iii) of CRC)' — CRC art. 40(2)(b)(iii)."},{"article":"14","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text states '\"without undue delay\" of article 14 (3) (c) of ICCPR' — ICCPR art. 14(3)(c). Regex defaulted to CRC."}]},{"id":"crc-c-gc-10-0052","docId":"crc-c-gc-10","idx":52,"n":52,"text":"52. The Committee recommends that the States parties set and implement time limits for the period between the commission of the offence and the completion of the police investigation, the decision of the prosecutor (or other competent body) to bring charges against the child, and the final adjudication and decision by the court or other competent judicial body. These time limits should be much shorter than those set for adults. But at the same time, decisions without delay should be the result of a process in which the human rights of the child and legal safeguards are fully respected. In this decision-making process without delay, the legal or other appropriate assistance must be present. This presence should not be limited to the trial before the court or other judicial body, but also applies to all other stages of the process, beginning with the interviewing (interrogation) of the child by the police.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-10-0053","docId":"crc-c-gc-10","idx":53,"n":53,"text":"53. Parents or legal guardians should also be present at the proceedings because they can provide general psychological and emotional assistance to the child. The presence of parents does not mean that parents can act in defence of the child or be involved in the decision-making process. However, the judge or competent authority may decide, at the request of the child or of his/her legal or other appropriate assistance or because it is not in the best interests of the child (art. 3 of CRC), to limit, restrict or exclude the presence of the parents from the proceedings.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-10-0054","docId":"crc-c-gc-10","idx":54,"n":54,"text":"54. The Committee recommends that States parties explicitly provide by law for the maximum possible involvement of parents or legal guardians in the proceedings against the child. This involvement shall in general contribute to an effective response to the child’s infringement of the penal law. To promote parental involvement, parents must be notified of the apprehension of their child as soon as possible.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-10-0055","docId":"crc-c-gc-10","idx":55,"n":55,"text":"55. At the same time, the Committee regrets the trend in some countries to introduce the punishment of parents for the offences committed by their children. Civil liability for the damage caused by the child’s act can, in some limited cases, be appropriate, in particular for the younger children (e.g. below 16 years of age). But criminalizing parents of children in conflict with the law will most likely not contribute to their becoming active partners in the social reintegration of their child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-10-0056","docId":"crc-c-gc-10","idx":56,"n":56,"text":"56. In line with article 14 (3) (g) of ICCPR, CRC requires that a child be not compelled to give testimony or to confess or acknowledge guilt. This means in the first place - and self-evidently - that torture, cruel, inhuman or degrading treatment in order to extract an admission or a confession constitutes a grave violation of the rights of the child (art. 37 (a) of CRC) and is wholly unacceptable. No such admission or confession can be admissible as evidence (article 15 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iii))"],"citedArticles":[{"article":"14","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'In line with article 14 (3) (g) of ICCPR, CRC requires that a child be not compelled to give testimony…' — ICCPR art. 14(3)(g). Regex defaulted to CRC."},{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states '(art. 37 (a) of CRC)' — CRC art. 37(a) (prohibition of torture)."},{"article":"15","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly states '(article 15 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment)' — CAT art. 15 (exclusion of evidence obtained by torture). Regex defaulted to CRC."}]},{"id":"crc-c-gc-10-0057","docId":"crc-c-gc-10","idx":57,"n":57,"text":"57. There are many other less violent ways to coerce or to lead the child to a confession or a self-incriminatory testimony. The term “compelled” should be interpreted in a broad manner and not be limited to physical force or other clear violations of human rights. The age of the child, the child’s development, the length of the interrogation, the child’s lack of understanding, the fear of unknown consequences or of a suggested possibility of imprisonment may lead him/her to a confession that is not true. That may become even more likely if rewards are promised such as: “You can go home as soon as you have given us the true story”, or lighter sanctions or release are promised.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-10-0058","docId":"crc-c-gc-10","idx":58,"n":58,"text":"58. The child being questioned must have access to a legal or other appropriate representative, and must be able to request the presence of his/her parent(s) during questioning. There must be independent scrutiny of the methods of interrogation to ensure that the evidence is voluntary and not coerced, given the totality of the circumstances, and is reliable. The court or other judicial body, when considering the voluntary nature and reliability of an admission or confession by a child, must take into account the age of the child, the length of custody and interrogation, and the presence of legal or other counsel, parent(s), or independent representatives of the child. Police officers and other investigating authorities should be well trained to avoid interrogation techniques and practices that result in coerced or unreliable confessions or testimonies.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-10-0059","docId":"crc-c-gc-10","idx":59,"n":59,"text":"59. The guarantee in article 40 (2) (b) (iv) of CRC underscores that the principle of equality of arms (i.e. under conditions of equality or parity between defence and prosecution) should be observed in the administration of juvenile justice. The term “to examine or to have examined” refers to the fact that there are distinctions in the legal systems, particularly between the accusatorial and inquisitorial trials. In the latter, the defendant is often allowed to examine witnesses although he/she rarely uses this right, leaving examination of the witnesses to the lawyer or, in the case of children, to another appropriate body. However, it remains important that the lawyer or other representative informs the child of the possibility to examine witnesses and to allow him/her to express his/her views in that regard, views which should be given due weight in accordance with the age and maturity of the child (art. 12).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Presence and examination of witnesses (art. 40 (2) (b) (iv))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-10-0060","docId":"crc-c-gc-10","idx":60,"n":60,"text":"60. The child has the right to appeal against the decision by which he is found guilty of the charge(s) brought against him/her and against the measures imposed as a consequence of this guilty verdict. This appeal should be decided by a higher, competent, independent and impartial authority or judicial body, in other words, a body that meets the same standards and requirements as the one that dealt with the case in the first instance. This guarantee is similar to the one expressed in article 14 (5) of ICCPR. This right of appeal is not limited to the most serious offences.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to appeal (art. 40 (2) (b) (v))"],"citedArticles":[{"treaty":"ICCPR","article":"14","paragraph":"5","source":"regex"}]},{"id":"crc-c-gc-10-0061","docId":"crc-c-gc-10","idx":61,"n":61,"text":"61. This seems to be the reason why quite a few States parties have made reservations regarding this provision in order to limit this right of appeal by the child to the more serious offences and/or imprisonment sentences. The Committee reminds States parties to the ICCPR","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to appeal (art. 40 (2) (b) (v))"],"citedArticles":[{"article":"14","paragraph":"5","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'a similar provision is made in article 14 (5) of the Covenant' and context_before confirms 'article 14 (5) of ICCPR'. Regex defaulted to CRC."},{"article":"41","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'In the light of article 41 of CRC' — CRC art. 41 (most favourable standards)."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'the provision in article 40 (2) (b) (v)' — CRC art. 40(2)(b)(v) (right of appeal)."}]},{"id":"crc-c-gc-10-0062","docId":"crc-c-gc-10","idx":62,"n":62,"text":"62. If a child cannot understand or speak the language used by the juvenile justice system, he/she has the right to get free assistance of an interpreter. This assistance should not be limited to the court trial but should also be available at all stages of the juvenile justice process. It is also important that the interpreter has been trained to work with children, because the use and understanding of their mother tongue might be different from that of adults. Lack of knowledge and/or experience in that regard may impede the child’s full understanding of the questions raised, and interfere with the right to a fair trial and to effective participation. The condition starting with “if”, “if the child cannot understand or speak the language used”, means that a child of a foreign or ethnic origin for example, who - besides his/her mother tongue - understands and speaks the official language, does not have to be provided with the free assistance of an interpreter.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Free assistance of an interpreter (art. 40 (2) (vi))"]},{"id":"crc-c-gc-10-0063","docId":"crc-c-gc-10","idx":63,"n":63,"text":"63. The Committee also wishes to draw the attention of States parties to children with speech impairment or other disabilities. In line with the spirit of article 40 (2) (vi), and in accordance with the special protection measures provided to children with disabilities in article 23, the Committee recommends that States parties ensure that children with speech impairment or other disabilities are provided with adequate and effective assistance by well-trained professionals, e.g. in sign language, in case they are subject to the juvenile justice process (see also in this regard general comment No. 9 (The rights of children with disabilities) of the Committee on the Rights of the Child.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Free assistance of an interpreter (art. 40 (2) (vi))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-10-0064","docId":"crc-c-gc-10","idx":64,"n":64,"text":"64. The right of a child to have his/her privacy fully respected during all stages of the proceedings reflects the right to protection of privacy enshrined in article 16 of CRC. “All stages of the proceedings” includes from the initial contact with law enforcement (e.g. a request for information and identification) up until the final decision by a competent authority, or release from supervision, custody or deprivation of liberty. In this particular context, it is meant to avoid harm caused by undue publicity or by the process of labelling. No information shall be published that may lead to the identification of a child offender because of its effect of stigmatization, and possible impact on his/her ability to have access to education, work, housing or to be safe. It means that a public authority should be very reluctant with press releases related to offences allegedly committed by children and limit them to very exceptional cases. They must take measures to guarantee that children are not identifiable via these press releases. Journalists who violate the right to privacy of a child in conflict with the law should be sanctioned with disciplinary and when necessary (e.g. in case of recidivism) with penal law sanctions.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-c-gc-10-0065","docId":"crc-c-gc-10","idx":65,"n":65,"text":"65. In order to protect the privacy of the child, most States parties have as a rule - sometimes with the possibility of exceptions - that the court or other hearings of a child accused of an","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-10-0066","docId":"crc-c-gc-10","idx":66,"n":66,"text":"66. The Committee recommends that all States parties introduce the rule that court and other hearings of a child in conflict with the law be conducted behind closed doors. Exceptions to this rule should be very limited and clearly stated in the law. The verdict/sentence should be pronounced in public at a court session in such a way that the identity of the child is not revealed. The right to privacy (art. 16) requires all professionals involved in the implementation of the measures taken by the court or another competent authority to keep all information that may result in the identification of the child confidential in all their external contacts. Furthermore, the right to privacy also means that the records of child offenders should be kept strictly confidential and closed to third parties except for those directly involved in the investigation and adjudication of, and the ruling on, the case. With a view to avoiding stigmatization and/or prejudgements, records of child offenders should not be used in adult proceedings in subsequent cases involving the same offender (see the Beijing Rules, rules 21.1 and 21.2), or to enhance such future sentencing.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-c-gc-10-0067","docId":"crc-c-gc-10","idx":67,"n":67,"text":"67. The Committee also recommends that the States parties introduce rules which would allow for an automatic removal from the criminal records of the name of the child who committed an offence upon reaching the age of 18, or for certain limited, serious offences where removal is possible at the request of the child, if necessary under certain conditions (e.g. not having committed an offence within two years after the last conviction).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-10-0068","docId":"crc-c-gc-10","idx":68,"n":68,"text":"68. The decision to initiate a formal criminal law procedure does not necessarily mean that this procedure must be completed with a formal court sentence for a child. In line with the observations made above in section B, the Committee wishes to emphasize that the competent authorities - in most States the office of the public prosecutor - should continuously explore the possibilities of alternatives to a court conviction. In other words, efforts to achieve an appropriate conclusion of the case by offering measures like the ones mentioned above in section B should continue. The nature and duration of these measures offered by the prosecution may be more demanding, and legal or other appropriate assistance for the child is then necessary. The performance of such a measure should be presented to the child as a way to suspend the formal criminal/juvenile law procedure, which will be terminated if the measure has been carried out in a satisfactory manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"]},{"id":"crc-c-gc-10-0069","docId":"crc-c-gc-10","idx":69,"n":69,"text":"69. In this process of offering alternatives to a court conviction at the level of the prosecutor, the child’s human rights and legal safeguards should be fully respected. In this regard, the Committee refers to the recommendations set out in paragraph 27 above, which equally apply here.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"]},{"id":"crc-c-gc-10-0070","docId":"crc-c-gc-10","idx":70,"n":70,"text":"70. After a fair and just trial in full compliance with article 40 of CRC (see chapter IV, section D, above), a decision is made regarding the measures which should be imposed on the child found guilty of the alleged offence(s). The laws must provide the court/judge, or other competent, independent and impartial authority or judicial body, with a wide variety of possible alternatives to institutional care and deprivation of liberty, which are listed in a non-exhaustive manner in article 40 (4) of CRC, to assure that deprivation of liberty be used only as a measure of last resort and for the shortest possible period of time (art. 37 (b) of CRC).","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"],"citedArticles":[{"treaty":"CRC","article":"40","source":"regex"},{"treaty":"CRC","article":"40","paragraph":"4","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0071","docId":"crc-c-gc-10","idx":71,"n":71,"text":"71. The Committee wishes to emphasize that the reaction to an offence should always be in proportion not only to the circumstances and the gravity of the offence, but also to the age, lesser culpability, circumstances and needs of the child, as well as to the various and particularly longterm needs of the society. A strictly punitive approach is not in accordance with the leading principles for juvenile justice spelled out in article 40 (1) of CRC (see paragraphs 5-14 above). The Committee reiterates that corporal punishment as a sanction is a violation of these principles as well as of article 37 which prohibits all forms of cruel, inhuman and degrading treatment or punishment (see also the Committee’s general comment No. 8 (2006) (The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment)). In cases of severe offences by children, measures proportionate to the circumstances of the offender and to the gravity of the offence may be considered, including considerations of the need of public safety and sanctions. In the case of children, such considerations must always be outweighed by the need to safeguard the well-being and the best interests of the child and to promote his/her reintegration.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0072","docId":"crc-c-gc-10","idx":72,"n":72,"text":"72. The Committee notes that if a penal disposition is linked to the age of a child, and there is conflicting, inconclusive or uncertain evidence of the child’s age, he/she shall have the right to the rule of the benefit of the doubt (see also paragraphs 35 and 39 above).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"]},{"id":"crc-c-gc-10-0073","docId":"crc-c-gc-10","idx":73,"n":73,"text":"73. As far as alternatives to deprivation of liberty/institutional care are concerned, there is a wide range of experience with the use and implementation of such measures. States parties should benefit from this experience, and develop and implement these alternatives by adjusting them to their own culture and tradition. It goes without saying that measures amounting to forced labour or to torture or inhuman and degrading treatment must be explicitly prohibited, and those responsible for such illegal practices should be brought to justice.","labels":["Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"]},{"id":"crc-c-gc-10-0074","docId":"crc-c-gc-10","idx":74,"n":74,"text":"74. After these general remarks, the Committee wishes to draw attention to the measures prohibited under article 37 (a) of CRC, and to deprivation of liberty.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0075","docId":"crc-c-gc-10","idx":75,"n":75,"text":"75. Article 37 (a) of CRC reaffirms the internationally accepted standard (see for example article 6 (5) of ICCPR) that the death penalty cannot be imposed for a crime committed by a person who at that time was under 18 years of age. Although the text is clear, there are States parties that assume that the rule only prohibits the execution of persons below the age of 18 years. However, under this rule the explicit and decisive criteria is the age at the time of the","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Prohibition of the death penalty"],"citedArticles":[{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'Article 37 (a) of CRC reaffirms the internationally accepted standard' — CRC art. 37(a) (prohibition of death penalty for crimes committed under 18)."},{"article":"6","paragraph":"5","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states '(see for example article 6 (5) of ICCPR)' — ICCPR art. 6(5) (no death penalty for persons under 18 at time of offence). Regex defaulted to CRC."}]},{"id":"crc-c-gc-10-0076","docId":"crc-c-gc-10","idx":76,"n":76,"text":"76. The Committee recommends the few States parties that have not done so yet to abolish the death penalty for all offences committed by persons below the age of 18 years and to suspend the execution of all death sentences for those persons till the necessary legislative measures abolishing the death penalty for children have been fully enacted. The imposed death penalty should be changed to a sanction that is in full conformity with CRC.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Prohibition of the death penalty"]},{"id":"crc-c-gc-10-0077","docId":"crc-c-gc-10","idx":77,"n":77,"text":"77. No child who was under the age of 18 at the time he or she committed an offence should be sentenced to life without the possibility of release or parole. For all sentences imposed upon children the possibility of release should be realistic and regularly considered. In this regard, the Committee refers to article 25 of CRC providing the right to periodic review for all children placed for the purpose of care, protection or treatment. The Committee reminds the States parties which do sentence children to life imprisonment with the possibility of release or parole that this sanction must fully comply with and strive for the realization of the aims of juvenile justice enshrined in article 40 (1) of CRC. This means inter alia that the child sentenced to this imprisonment should receive education, treatment, and care aiming at his/her release, reintegration and ability to assume a constructive role in society. This also requires a regular review of the child’s development and progress in order to decide on his/her possible release. Given the likelihood that a life imprisonment of a child will make it very difficult, if not impossible, to achieve the aims of juvenile justice despite the possibility of release, the Committee strongly recommends the States parties to abolish all forms of life imprisonment for offences committed by persons under the age of 18.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","No life imprisonment without parole"],"citedArticles":[{"treaty":"CRC","article":"25","source":"regex"},{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0078","docId":"crc-c-gc-10","idx":78,"n":78,"text":"78. Article 37 of CRC contains the leading principles for the use of deprivation of liberty, the procedural rights of every child deprived of liberty, and provisions concerning the treatment of and conditions for children deprived of their liberty.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","F. Deprivation of liberty, including pretrial detention and post-trial incarceration"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0079","docId":"crc-c-gc-10","idx":79,"n":79,"text":"79. The leading principles for the use of deprivation of liberty are: (a) the arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; and (b) no child shall be deprived of his/her liberty unlawfully or arbitrarily.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Basic principles"]},{"id":"crc-c-gc-10-0080","docId":"crc-c-gc-10","idx":80,"n":80,"text":"80. The Committee notes with concern that, in many countries, children languish in pretrial detention for months or even years, which constitutes a grave violation of article 37 (b) of CRC. An effective package of alternatives must be available (see chapter IV, section B, above), for the States parties to realize their obligation under article 37 (b) of CRC to use deprivation of liberty only as a measure of last resort. The use of these alternatives must be carefully structured to reduce the use of pretrial detention as well, rather than “widening the net” of sanctioned children. In addition, the States parties should take adequate legislative and other measures to reduce the use of pretrial detention. Use of pretrial detention as a punishment violates the presumption of innocence. The law should clearly state the conditions that are required to determine whether to place or keep a child in pretrial detention, in particular to ensure his/her appearance at the court proceedings, and whether he/she is an immediate danger to himself/herself or others. The duration of pretrial detention should be limited by law and be subject to regular review.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Basic principles"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0081","docId":"crc-c-gc-10","idx":81,"n":81,"text":"81. The Committee recommends that the State parties ensure that a child can be released from pretrial detention as soon as possible, and if necessary under certain conditions. Decisions regarding pretrial detention, including its duration, should be made by a competent, independent and impartial authority or a judicial body, and the child should be provided with legal or other appropriate assistance.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Basic principles"]},{"id":"crc-c-gc-10-0082","docId":"crc-c-gc-10","idx":82,"n":82,"text":"82. Every child deprived of his/her liberty has the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-10-0083","docId":"crc-c-gc-10","idx":83,"n":83,"text":"83. Every child arrested and deprived of his/her liberty should be brought before a competent authority to examine the legality of (the continuation of) this deprivation of liberty within 24 hours. The Committee also recommends that the States parties ensure by strict legal provisions that the legality of a pretrial detention is reviewed regularly, preferably every two weeks. In case a conditional release of the child, e.g. by applying alternative measures, is not possible, the child should be formally charged with the alleged offences and be brought before a court or other competent, independent and impartial authority or judicial body, not later than 30 days after his/her pretrial detention takes effect. The Committee, conscious of the practice of adjourning court hearings, often more than once, urges the States parties to introduce the legal provisions necessary to ensure that the court/juvenile judge or other competent body makes a final decision on the charges not later than six months after they have been presented.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-10-0084","docId":"crc-c-gc-10","idx":84,"n":84,"text":"84. The right to challenge the legality of the deprivation of liberty includes not only the right to appeal, but also the right to access the court, or other competent, independent and impartial authority or judicial body, in cases where the deprivation of liberty is an administrative decision (e.g. the police, the prosecutor and other competent authority). The right to a prompt decision means that a decision must be rendered as soon as possible, e.g. within or not later than two weeks after the challenge is made.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-10-0085","docId":"crc-c-gc-10","idx":85,"n":85,"text":"85. Every child deprived of liberty shall be separated from adults. A child deprived of his/her liberty shall not be placed in an adult prison or other facility for adults. There is abundant evidence that the placement of children in adult prisons or jails compromises their basic safety, well-being, and their future ability to remain free of crime and to reintegrate. The permitted exception to the separation of children from adults stated in article 37 (c) of CRC, “unless it is considered in the child’s best interests not to do so”, should be interpreted narrowly; the child’s","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Treatment and conditions (art. 37 (c))"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0086","docId":"crc-c-gc-10","idx":86,"n":86,"text":"86. This rule does not mean that a child placed in a facility for children has to be moved to a facility for adults immediately after he/she turns 18. Continuation of his/her stay in the facility for children should be possible if that is in his/her best interest and not contrary to the best interests of the younger children in the facility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Treatment and conditions (art. 37 (c))"]},{"id":"crc-c-gc-10-0087","docId":"crc-c-gc-10","idx":87,"n":87,"text":"87. Every child deprived of liberty has the right to maintain contact with his/her family through correspondence and visits. In order to facilitate visits, the child should be placed in a facility that is as close as possible to the place of residence of his/her family. Exceptional circumstances that may limit this contact should be clearly described in the law and not be left to the discretion of the competent authorities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Treatment and conditions (art. 37 (c))"]},{"id":"crc-c-gc-10-0088","docId":"crc-c-gc-10","idx":88,"n":88,"text":"88. The Committee draws the attention of States parties to the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, adopted by the General Assembly in its resolution 45/113 of 14 December 1990. The Committee urges the States parties to fully implement these rules, while also taking into account as far as relevant the Standard Minimum Rules for the Treatment of Prisoners (see also rule 9 of the Beijing Rules). In this regard, the Committee recommends that the States parties incorporate these rules into their national laws and regulations, and make them available, in the national or regional language, to all professionals, NGOs and volunteers involved in the administration of juvenile justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Treatment and conditions (art. 37 (c))"]},{"id":"crc-c-gc-10-0089","docId":"crc-c-gc-10","idx":89,"n":89,"text":"89. The Committee wishes to emphasize that, inter alia, the following principles and rules need to be observed in all cases of deprivation of liberty:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Treatment and conditions (art. 37 (c))"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0090","docId":"crc-c-gc-10","idx":90,"n":90,"text":"90. In order to ensure the full implementation of the principles and rights elaborated in the previous paragraphs, it is necessary to establish an effective organization for the administration of juvenile justice, and a comprehensive juvenile justice system. As stated in article 40 (3) of CRC, States parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children in conflict with the penal law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0091","docId":"crc-c-gc-10","idx":91,"n":91,"text":"91. What the basic provisions of these laws and procedures are required to be, has been presented in the present general comment. More and other provisions are left to the discretion of States parties. This also applies to the form of these laws and procedures. They can be laid down in special chapters of the general criminal and procedural law, or be brought together in a separate act or law on juvenile justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"]},{"id":"crc-c-gc-10-0092","docId":"crc-c-gc-10","idx":92,"n":92,"text":"92. A comprehensive juvenile justice system further requires the establishment of specialized units within the police, the judiciary, the court system, the prosecutor’s office, as well as specialized defenders or other representatives who provide legal or other appropriate assistance to the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"]},{"id":"crc-c-gc-10-0093","docId":"crc-c-gc-10","idx":93,"n":93,"text":"93. The Committee recommends that the States parties establish juvenile courts either as separate units or as part of existing regional/district courts. Where that is not immediately feasible for practical reasons, the States parties should ensure the appointment of specialized judges or magistrates for dealing with cases of juvenile justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"]},{"id":"crc-c-gc-10-0094","docId":"crc-c-gc-10","idx":94,"n":94,"text":"94. In addition, specialized services such as probation, counselling or supervision should be established together with specialized facilities including for example day treatment centres and, where necessary, facilities for residential care and treatment of child offenders. In this juvenile justice system, an effective coordination of the activities of all these specialized units, services and facilities should be promoted in an ongoing manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"]},{"id":"crc-c-gc-10-0095","docId":"crc-c-gc-10","idx":95,"n":95,"text":"95. It is clear from many States parties’ reports that non-governmental organizations can and do play an important role not only in the prevention of juvenile delinquency as such, but also in the administration of juvenile justice. The Committee therefore recommends that States parties seek the active involvement of these organizations in the development and implementation of their comprehensive juvenile justice policy and provide them with the necessary resources for this involvement.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"]},{"id":"crc-c-gc-10-0096","docId":"crc-c-gc-10","idx":96,"n":96,"text":"96. Children who commit offences are often subject to negative publicity in the media, which contributes to a discriminatory and negative stereotyping of these children and often of children in general. This negative presentation or criminalization of child offenders is often based on misrepresentation and/or misunderstanding of the causes of juvenile delinquency, and results regularly in a call for a tougher approach (e.g. zero-tolerance, three strikes and you are out, mandatory sentences, trial in adult courts and other primarily punitive measures). To create a positive environment for a better understanding of the root causes of juvenile delinquency and a rights-based approach to this social problem, the States parties should conduct, promote and/or support educational and other campaigns to raise awareness of the need and the obligation to deal with children alleged of violating the penal law in accordance with the spirit and the letter of CRC. In this regard, the States parties should seek the active and positive involvement of members of parliament, NGOs and the media, and support their efforts in the improvement of the understanding of a rights-based approach to children who have been or are in conflict with the penal law. It is crucial for children, in particular those who have experience with the juvenile justice system, to be involved in these awareness-raising efforts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["VI. AWARENESS-RAISING AND TRAINING"]},{"id":"crc-c-gc-10-0097","docId":"crc-c-gc-10","idx":97,"n":97,"text":"97. It is essential for the quality of the administration of juvenile justice that all the professionals involved, inter alia, in law enforcement and the judiciary receive appropriate training on the content and meaning of the provisions of CRC in general, particularly those directly relevant to their daily practice. This training should be organized in a systematic and ongoing manner and should not be limited to information on the relevant national and international legal provisions. It should include information on, inter alia, the social and other causes of juvenile delinquency, psychological and other aspects of the development of children, with special attention to girls and children belonging to minorities or indigenous peoples, the culture and the trends in the world of young people, the dynamics of group activities, and the available measures dealing with children in conflict with the penal law, in particular measures without resorting to judicial proceedings (see chapter IV, section B, above).","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["VI. AWARENESS-RAISING AND TRAINING"]},{"id":"crc-c-gc-10-0098","docId":"crc-c-gc-10","idx":98,"n":98,"text":"98. The Committee is deeply concerned about the lack of even basic and disaggregated data on, inter alia, the number and nature of offences committed by children, the use and the average duration of pretrial detention, the number of children dealt with by resorting to measures other than judicial proceedings (diversion), the number of convicted children and the nature of the sanctions imposed on them. The Committee urges the States parties to systematically collect disaggregated data relevant to the information on the practice of the administration of juvenile justice, and necessary for the development, implementation and evaluation of policies and programmes aiming at the prevention and effective responses to juvenile delinquency in full accordance with the principles and provisions of CRC.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["VII. DATA COLLECTION, EVALUATION AND RESEARCH"]},{"id":"crc-c-gc-10-0099","docId":"crc-c-gc-10","idx":99,"n":99,"text":"99. The Committee recommends that States parties conduct regular evaluations of their practice of juvenile justice, in particular of the effectiveness of the measures taken, including those concerning discrimination, reintegration and recidivism, preferably carried out by independent academic institutions. Research, as for example on the disparities in the administration of juvenile justice which may amount to discrimination, and developments in the field of juvenile delinquency, such as effective diversion programmes or newly emerging juvenile delinquency activities, will indicate critical points of success and concern. It is important that children are involved in this evaluation and research, in particular those who have been in contact with parts of the juvenile justice system. The privacy of these children and the confidentiality of their cooperation should be fully respected and protected. In this regard, the Committee refers the States parties to the existing international guidelines on the involvement of children in research.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["VII. DATA COLLECTION, EVALUATION AND RESEARCH"]},{"id":"crc-c-gc-11-0001","docId":"crc-c-gc-11","idx":1,"n":1,"text":"1. In the preamble of the Convention on the Rights of the Child, States parties take “due account of the importance and cultural values of each people for the protection and harmonious development of the child”. While all the rights contained in the Convention apply to all children, whether indigenous or not, the Convention on the Rights of the Child was the first core human rights treaty to include specific references to indigenous children in a number of provisions.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0002","docId":"crc-c-gc-11","idx":2,"n":2,"text":"2. Article 30 of the Convention states that “In those States in which ethnic, religious, or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion or to use his or her own language.”","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0003","docId":"crc-c-gc-11","idx":3,"n":3,"text":"3. Furthermore, article 29 of the Convention provides that “education of the child shall be directed to the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin”.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-11-0004","docId":"crc-c-gc-11","idx":4,"n":4,"text":"4. Article 17 of the Convention also makes specific mention as States parties shall “encourage the mass media to have particular regard for the linguistic needs of the child who belongs to a minority group or who is indigenous”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-c-gc-11-0005","docId":"crc-c-gc-11","idx":5,"n":5,"text":"5. The specific references to indigenous children in the Convention are indicative of the recognition that they require special measures in order to fully enjoy their rights. The Committee on the Rights of the Child has consistently taken into account the situation of indigenous children in its reviews of periodic reports of States parties to the Convention. The Committee has observed that indigenous children face significant challenges in exercising their rights and has issued specific recommendations to this effect in its concluding observations. Indigenous children continue to experience serious discrimination contrary to article 2 of the Convention in a range of areas, including in their access to health care and education, which has prompted the need to adopt this general comment.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-11-0006","docId":"crc-c-gc-11","idx":6,"n":6,"text":"6. In addition to the Convention on the Rights of the Child, various human rights treaties, have played an important role in addressing the situation of indigenous children and their right not to be discriminated, namely, the International Convention on the Elimination of All Forms of Racial Discrimination, 1965, the International Covenant on Civil and Political Rights, 1966, and the International Covenant on Economic, Social and Cultural Rights, 1966.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0007","docId":"crc-c-gc-11","idx":7,"n":7,"text":"7. The International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries, 1989 contains provisions which advance the rights of indigenous peoples and specifically highlights the rights of indigenous children in the area of education.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0008","docId":"crc-c-gc-11","idx":8,"n":8,"text":"8. In 2001, the United Nations Commission on Human Rights appointed a Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, subsequently confirmed by the Human Rights Council in 2007. The Council has requested the Special Rapporteur to pay particular attention to the situation of indigenous children and several recommendations included in his annual and mission reports have focused on their specific situation.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0009","docId":"crc-c-gc-11","idx":9,"n":9,"text":"9. In 2003, the United Nations Permanent Forum on Indigenous Issues held its second session on the theme indigenous children and youth and the same year the Committee on the Rights of the Child held its annual Day of General Discussion on the rights of indigenous children and adopted specific recommendations aimed primarily at States parties but also United Nations entities, human rights mechanisms, civil society, donors, the World Bank and regional development banks.","labels":["Indigenous peoples","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0010","docId":"crc-c-gc-11","idx":10,"n":10,"text":"10. In 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples which provides important guidance on the rights of indigenous peoples, including specific reference to the rights of indigenous children in a number of areas.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0011","docId":"crc-c-gc-11","idx":11,"n":11,"text":"11. This general comment on the rights of indigenous children as provided for by the Convention on the Rights of the Child draws on the legal developments and initiatives outlined above.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Objectives and structure"]},{"id":"crc-c-gc-11-0012","docId":"crc-c-gc-11","idx":12,"n":12,"text":"12. The primary objective of this general comment is to provide States with guidance on how to implement their obligations under the Convention with respect to indigenous children. The Committee bases this general comment on its experience in interpreting the provisions of the Convention in relation to indigenous children. Furthermore, the general comment is based upon the recommendations adopted following the Day of General Discussion on indigenous children in 2003 and reflects a consultative process with relevant stakeholders, including indigenous children themselves.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Objectives and structure"]},{"id":"crc-c-gc-11-0013","docId":"crc-c-gc-11","idx":13,"n":13,"text":"13. The general comment aims to explore the specific challenges which impede indigenous children from being able to fully enjoy their rights and highlight special measures required to be undertaken by States in order to guarantee the effective exercise of indigenous children’s rights. Furthermore, the general comment seeks to encourage good practices and highlight positive approaches in the practical implementation of rights for indigenous children.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Objectives and structure"]},{"id":"crc-c-gc-11-0014","docId":"crc-c-gc-11","idx":14,"n":14,"text":"14. Article 30 of the Convention and the right to the enjoyment of culture, religion and language are key elements in this general comment; however the aim is to explore the various provisions which require particular attention in their implementation in relation to indigenous children. Particular emphasis is placed on the interrelationship between relevant provisions, notably with the general principles of the Convention as identified by the Committee, namely, non-discrimination, the best interests of the child, the right to life, survival and development and the right to be heard.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Objectives and structure"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0015","docId":"crc-c-gc-11","idx":15,"n":15,"text":"15. The Committee notes that the Convention contains references to both minority and indigenous children. Certain references in this general comment may be relevant for children of minority groups and the Committee may decide in the future to prepare a general comment specifically on the rights of children belonging to minority groups.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Objectives and structure"]},{"id":"crc-c-gc-11-0016","docId":"crc-c-gc-11","idx":16,"n":16,"text":"16. The Committee recalls the close linkage between article 30 of the Convention on the Rights of the Child and article 27 of the International Covenant on Civil and Political Rights. Both articles specifically provide for the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion or to use his or her own language. The right established is conceived as being both individual and collective and is an important recognition of the collective traditions and values in indigenous cultures. The Committee notes that the right to exercise cultural rights among indigenous peoples may be closely associated with the use of traditional territory and the use of its resources.[[fn:1]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":1,"text":"Human Rights Committee, general comment No. 23 on article 27, CCPR/C/Rev.1/Add.5, 1994, paras. 3.2, 7. Recommendations of CRC Day of General Discussion on the Rights of Indigenous Children, 2003, para. 4."}],"section":["Article 30 and general obligations of States"],"citedArticles":[{"article":"30","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 30 of the Convention on the Rights of the Child' — CRC art. 30 (minority/indigenous children's cultural rights)."},{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 27 of the International Covenant on Civil and Political Rights' — ICCPR art. 27 (minority rights). Regex defaulted to CRC."}]},{"id":"crc-c-gc-11-0017","docId":"crc-c-gc-11","idx":17,"n":17,"text":"17. Although article 30 is expressed in negative terms, it nevertheless recognizes the existence of a “right” and requires that it “shall not be denied”. Consequently, a State party is under an obligation to ensure that the existence and the exercise of this right are protected against their denial or violation. The Committee concurs with the Human Rights Committee that positive measures of protection are required, not only against the acts of the State party itself, whether through its legislative, judicial or administrative authorities, but also against the acts of other persons within the State party.[[fn:2]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":2,"text":"Human Rights Committee, general comment No. 23 on article 27, CCPR/C/Rev.1/Add.5, 1994, para. 6.1."}],"section":["Article 30 and general obligations of States"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0018","docId":"crc-c-gc-11","idx":18,"n":18,"text":"18. In this context, the Committee also supports the Committee on the Elimination of Racial Discrimination in its call upon States parties to recognize and respect indigenous distinct cultures, history, language and way of life as an enrichment of the State’s cultural identity and to promote its preservation.[[fn:3]]","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":3,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 23 on Indigenous Peoples, 1997, contained in A/52/18, Annex V."}],"section":["Article 30 and general obligations of States"]},{"id":"crc-c-gc-11-0019","docId":"crc-c-gc-11","idx":19,"n":19,"text":"19. The presence of indigenous peoples is established by self-identification as the fundamental criterion for determining their existence.[[fn:4]] There is no requirement for States parties to officially recognize indigenous peoples in order for them to exercise their rights.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":4,"text":"ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries No. 169, article 1 (2)."}],"section":["Article 30 and general obligations of States"]},{"id":"crc-c-gc-11-0020","docId":"crc-c-gc-11","idx":20,"n":20,"text":"20. Based on its reviews of States parties reports, the Committee on the Rights of the Child has observed that in implementing their obligations under the Convention many States parties give insufficient attention to the rights of indigenous children and to promotion of their development. The Committee considers that special measures through legislation and policies for the protection of indigenous children should be undertaken in consultation with the communities concerned[[fn:5]] and with the participation of children in the consultation process, as provided for by article 12 of the Convention. The Committee considers that consultations should be actively carried out by authorities or other entities of States parties in a manner that is culturally appropriate, guarantees availability of information to all parties and ensures interactive communication and dialogue.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":5,"text":"ILO Convention No. 169, articles 2, 6, 27."}],"section":["Article 30 and general obligations of States"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-11-0021","docId":"crc-c-gc-11","idx":21,"n":21,"text":"21. The Committee urges States parties to ensure that adequate attention is given to article 30 in the implementation of the Convention. States parties should provide detailed information in their periodic reports under the Convention on the special measures undertaken in order to guarantee that indigenous children can enjoy the rights provided in article 30.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Article 30 and general obligations of States"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0022","docId":"crc-c-gc-11","idx":22,"n":22,"text":"22. The Committee underlines that cultural practices provided by article 30 of the Convention must be exercised in accordance with other provisions of the Convention and under no circumstances may be justified if deemed prejudicial to the child’s dignity, health and development.[[fn:6]] Should harmful practices be present, inter alia early marriages and female genital mutilation, the State party should work together with indigenous communities to ensure their eradication. The Committee strongly urges States parties to develop and implement awarenessraising campaigns, education programmes and legislation aimed at changing attitudes and address gender roles and stereotypes that contribute to harmful practices.[[fn:7]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":6,"text":"UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 7."},{"n":7,"text":"CRC, general comment No. 4 on Adolescent Health, 2003, para. 24."}],"section":["Article 30 and general obligations of States"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0023","docId":"crc-c-gc-11","idx":23,"n":23,"text":"23. Article 2 sets out the obligation of States parties to ensure the rights of each child within its jurisdiction without discrimination of any kind. Non-discrimination has been identified by the Committee as a general principle of fundamental importance for the implementation of all the rights enshrined in the Convention. Indigenous children have the inalienable right to be free from discrimination. In order to effectively protect children from discrimination, it is a State party obligation to ensure that the principle of non-discrimination is reflected in all domestic legislation and can be directly applied and appropriately monitored and enforced through judicial and administrative bodies. Effective remedies should be timely and accessible. The Committee highlights that the obligations of the State party extend not only to the public but also to the private sector.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Non-discrimination"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-11-0024","docId":"crc-c-gc-11","idx":24,"n":24,"text":"24. As previously stated in the Committee’s general comment No. 5 on general measures of implementation, the non-discrimination obligation requires States actively to identify individual children and groups of children the recognition and realization of whose rights may demand special measures. For example, the Committee highlights, in particular, the need for data collection to be disaggregated to enable discrimination or potential discrimination to be identified. Addressing discrimination may furthermore require changes in legislation, administration and resource allocation, as well as educational measures to change attitudes.[[fn:8]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":8,"text":"CRC, general comment No. 5 on General Measures of Implementation, 2003, para. 12."}],"section":["Non-discrimination"]},{"id":"crc-c-gc-11-0025","docId":"crc-c-gc-11","idx":25,"n":25,"text":"25. The Committee, through its extensive review of State party reports, notes that indigenous children are among those children who require positive measures in order to eliminate conditions that cause discrimination and to ensure their enjoyment of the rights of the Convention on equal level with other children. In particular, States parties are urged to consider the application of special measures in order to ensure that indigenous children have access to culturally appropriate services in the areas of health, nutrition, education, recreation and sports, social services, housing, sanitation and juvenile justice.[[fn:9]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":9,"text":"Recommendations of CRC Day of General Discussion on the Rights of Indigenous Children, 2003, para. 9."}],"section":["Non-discrimination"]},{"id":"crc-c-gc-11-0026","docId":"crc-c-gc-11","idx":26,"n":26,"text":"26. Among the positive measures required to be undertaken by States parties is disaggregated data collection and the development of indicators for the purposes of identifying existing and potential areas of discrimination of indigenous children. The identification of gaps and barriers to the enjoyment of the rights of indigenous children is essential in order to implement appropriate positive measures through legislation, resource allocation, policies and programmes.[[fn:10]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":10,"text":"Ibid., para. 6."}],"section":["Non-discrimination"]},{"id":"crc-c-gc-11-0027","docId":"crc-c-gc-11","idx":27,"n":27,"text":"27. States parties should ensure that public information and educational measures are taken to address the discrimination of indigenous children. The obligation under article 2 in conjunction with articles 17, 29.1 (d) and 30 of the Convention requires States to develop public campaigns, dissemination material and educational curricula, both in schools and for professionals, focused on the rights of indigenous children and the elimination of discriminatory attitudes and practices, including racism. Furthermore, States parties should provide meaningful opportunities for indigenous and non-indigenous children to understand and respect different cultures, religions, and languages.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Non-discrimination"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-11-0028","docId":"crc-c-gc-11","idx":28,"n":28,"text":"28. In their periodic reports to the Committee, States parties should identify measures and programmes undertaken to address discrimination of indigenous children in relation to the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Discrimination, Xenophobia and Related Intolerance. [[fn:11]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":11,"text":"Recommendations of CRC Day of General Discussion on the Rights of Indigenous Children, 2003, para. 12."}],"section":["Non-discrimination"]},{"id":"crc-c-gc-11-0029","docId":"crc-c-gc-11","idx":29,"n":29,"text":"29. In the design of special measures, States parties should consider the needs of indigenous children who may face multiple facets of discrimination and also take into account the different situation of indigenous children in rural and urban situations. Particular attention should be given to girls in order to ensure that they enjoy their rights on an equal basis as boys. States parties should furthermore ensure that special measures address the rights of indigenous children with disabilities.[[fn:12]]","labels":["Indigenous peoples","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":12,"text":"Convention on the Rights of Persons with Disabilities, preamble. United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295, articles 21, 22."}],"section":["Non-discrimination"]},{"id":"crc-c-gc-11-0030","docId":"crc-c-gc-11","idx":30,"n":30,"text":"30. The application of the principle of the best interests of the child to indigenous children requires particular attention. The Committee notes that the best interests of the child is conceived both as a collective and individual right, and that the application of this right to indigenous children as a group requires consideration of how the right relates to collective cultural rights. Indigenous children have not always received the distinct consideration they deserve. In some cases, their particular situation has been obscured by other issues of broader concern to indigenous peoples, (including land rights and political representation).[[fn:13]] In the case of children, the best interests of the child cannot be neglected or violated in preference for the best interests of the group.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":13,"text":"UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 1."}],"section":["Best interests of the child"]},{"id":"crc-c-gc-11-0031","docId":"crc-c-gc-11","idx":31,"n":31,"text":"31. When State authorities including legislative bodies seek to assess the best interests of an indigenous child, they should consider the cultural rights of the indigenous child and his or her need to exercise such rights collectively with members of their group. As regards legislation, policies and programmes that affect indigenous children in general, the indigenous community should be consulted and given an opportunity to participate in the process on how the best interests of indigenous children in general can be decided in a culturally sensitive way. Such consultations should, to the extent possible, include meaningful participation of indigenous children.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Best interests of the child"]},{"id":"crc-c-gc-11-0032","docId":"crc-c-gc-11","idx":32,"n":32,"text":"32. The Committee considers there may be a distinction between the best interests of the individual child, and the best interests of children as a group. In decisions regarding one individual child, typically a court decision or an administrative decision, it is the best interests of the specific child that is the primary concern. However, considering the collective cultural rights of the child is part of determining the child’s best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Best interests of the child"]},{"id":"crc-c-gc-11-0033","docId":"crc-c-gc-11","idx":33,"n":33,"text":"The principle of the best interests of the child requires States to undertake active measures throughout their legislative, administrative and judicial systems that would systematically apply the principle by considering the implication of their decisions and actions on children’s rights CRC/C/GC/11 page 8 and interests.[[fn:14]] In order to effectively guarantee the rights of indigenous children such measures would include training and awareness-raising among relevant professional categories of the importance of considering collective cultural rights in conjunction with the determination of the best interests of the child.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":14,"text":"CRC, general comment No. 5 on General Measures of Implementation, 2003, para. 12."}],"section":["Best interests of the child"]},{"id":"crc-c-gc-11-0034","docId":"crc-c-gc-11","idx":34,"n":34,"text":"34. The Committee notes with concern that disproportionately high numbers of indigenous children live in extreme poverty, a condition which has a negative impact on their survival and development. The Committee is furthermore concerned over the high infant and child mortality rates as well as malnutrition and diseases among indigenous children. Article 4 obliges States parties to address economic, social and cultural rights to the maximum extent of their available resources and where needed with international cooperation. Articles 6 and 27 provide the right of children to survival and development as well as an adequate standard of living. States should assist parents and others responsible for the indigenous child to implement this right by providing culturally appropriate material assistance and support programmes, particularly with regard to nutrition, clothing and housing. The Committee stresses the need for States parties to take special measures to ensure that indigenous children enjoy the right to an adequate standard of living and that these, together with progress indicators, be developed in partnership with indigenous peoples, including children.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["The right to life, survival and development"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-11-0035","docId":"crc-c-gc-11","idx":35,"n":35,"text":"35. The Committee reiterates its understanding of development of the child as set out in its general comment No. 5, as a “holistic concept embracing the child’s physical, mental, spiritual, moral, psychological and social development”.[[fn:15]] The Preamble of the Convention stresses the importance of the traditions and cultural values of each person, particularly with reference to the protection and harmonious development of the child. In the case of indigenous children whose communities retain a traditional lifestyle, the use of traditional land is of significant importance to their development and enjoyment of culture.[[fn:16]] States parties should closely consider the cultural significance of traditional land and the quality of the natural environment while ensuring the children’s right to life, survival and development to the maximum extent possible.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":15,"text":"Ibid."},{"n":16,"text":"UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 8."}],"section":["The right to life, survival and development"]},{"id":"crc-c-gc-11-0036","docId":"crc-c-gc-11","idx":36,"n":36,"text":"36. The Committee reaffirms the importance of the Millennium Development Goals (MDGs) and calls on States to engage with indigenous peoples, including children, to ensure the full realization of the MDGs with respect to indigenous children.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["The right to life, survival and development"]},{"id":"crc-c-gc-11-0037","docId":"crc-c-gc-11","idx":37,"n":37,"text":"37. The Committee considers that, in relation to article 12, there is a distinction between the right of the child as an individual to express his or her opinion and the right to be heard collectively, which allows children as a group to be involved in consultations on matters involving them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["The right to life, survival and development"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-11-0038","docId":"crc-c-gc-11","idx":38,"n":38,"text":"38. With regard to the individual indigenous child, the State party has the obligation to respect the child’s right to express his or her view in all matters affecting him or her, directly or through a representative, and give due weight to this opinion in accordance with the age and maturity of the child. The obligation is to be respected in any judicial or administrative proceeding. Taking into account the obstacles which prevent indigenous children from exercising this right, the State party should provide an environment that encourages the free opinion of the child. The right to be heard includes the right to representation, culturally appropriate interpretation and also the right not to express one’s opinion.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["The right to life, survival and development"]},{"id":"crc-c-gc-11-0039","docId":"crc-c-gc-11","idx":39,"n":39,"text":"39. When the right is applied to indigenous children as a group, the State party plays an important role in promoting their participation and should ensure that they are consulted on all matters affecting them. The State party should design special strategies to guarantee that their participation is effective. The State party should ensure that this right is applied in particular in the school environment, alternative care settings and in the community in general. The Committee recommends States parties to work closely with indigenous children and their communities to develop, implement and evaluate programmes, policies and strategies for implementation of the Convention.","labels":["Indigenous peoples","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["The right to life, survival and development"]},{"id":"crc-c-gc-11-0040","docId":"crc-c-gc-11","idx":40,"n":40,"text":"40. The Committee underlines the importance that the media have particular regard for the linguistic needs of indigenous children, in accordance with articles 17 (d) and 30 of the Convention. The Committee encourages States parties to support indigenous children to have access to media in their own languages. The Committee underlines the right of indigenous children to access information, including in their own languages, in order for them to effectively exercise their right to be heard.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Access to information"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0041","docId":"crc-c-gc-11","idx":41,"n":41,"text":"41. States parties are obliged to ensure that all children are registered immediately after birth and that they acquire a nationality. Birth registration should be free and universally accessible. The Committee is concerned that indigenous children, to a greater extent than non-indigenous children, remain without birth registration and at a higher risk of being stateless.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Birth registration, nationality and identity"]},{"id":"crc-c-gc-11-0042","docId":"crc-c-gc-11","idx":42,"n":42,"text":"Therefore, States parties should take special measures in order to ensure that indigenous children, including those living in remote areas, are duly registered. Such special measures, to CRC/C/GC/11 page 10 be agreed following consultation with the communities concerned, may include mobile units, periodic birth registration campaigns or the designation of birth registration offices within indigenous communities to ensure accessibility.","labels":["Indigenous peoples","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Birth registration, nationality and identity"]},{"id":"crc-c-gc-11-0043","docId":"crc-c-gc-11","idx":43,"n":43,"text":"43. States parties should ensure that indigenous communities are informed about the importance of birth registration and of the negative implications of its absence on the enjoyment of other rights for non-registered children. States parties should ensure that information to this effect is available to indigenous communities in their own languages and that public awareness campaigns are undertaken in consultation with the communities concerned.[[fn:17]]","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":17,"text":"UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 9."}],"section":["Birth registration, nationality and identity"]},{"id":"crc-c-gc-11-0044","docId":"crc-c-gc-11","idx":44,"n":44,"text":"44. Furthermore, taking into account articles 8 and 30 of the Convention, States parties should ensure that indigenous children may receive indigenous names of their parents’ choice in accordance with their cultural traditions and the right to preserve his or her identity. States parties should put in place national legislation that provides indigenous parents with the possibility of selecting the name of their preference for their children.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Birth registration, nationality and identity"],"citedArticles":[{"treaty":"CRC","article":"8","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0045","docId":"crc-c-gc-11","idx":45,"n":45,"text":"45. The Committee draws the attention of States to article 8 (2) of the Convention which affirms that a child who has been illegally deprived of some or all of the elements of his or her identity shall be provided with appropriate assistance and protection in order to re-establish speedily his or her identity. The Committee encourages States parties to bear in mind article 8 of the United Nations Declaration on the Rights of Indigenous Peoples which sets out that effective mechanisms should be provided for prevention of, and redress for, any action which deprives indigenous peoples, including children, of their ethnic identities.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Birth registration, nationality and identity"],"citedArticles":[{"article":"8","paragraph":"2","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text says 'article 8 (2) of the Convention' on re-establishing identity; the Convention in CRC GC = CRC; CRC art. 8(2) matches."},{"article":"8","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 8 of the United Nations Declaration on the Rights of Indigenous Peoples' - UNDRIP, a declaration, not in scope."}]},{"id":"crc-c-gc-11-0046","docId":"crc-c-gc-11","idx":46,"n":46,"text":"46. Article 5 of the Convention requires States parties to respect the rights, responsibilities and duties of parents or where applicable, the members of the extended family or community to provide, in a manner consistent with the evolving capacities of all children, appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention. States parties should ensure effective measures are implemented to safeguard the integrity of indigenous families and communities by assisting them in their child-rearing responsibilities in accordance with articles 3, 5, 18, 25 and 27 (3) of the Convention.[[fn:18]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":18,"text":"Recommendations of CRC Day of General Discussion on the Rights of Indigenous Children, 2003, para. 17."}],"section":["Family environment and alternative care (arts. 5, 18 (paras. 1-2), 9-11, 19-21, 25, 27 (para. 4) and 39 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"25","source":"regex"},{"treaty":"CRC","article":"27","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-11-0047","docId":"crc-c-gc-11","idx":47,"n":47,"text":"States parties should, in cooperation with indigenous families and communities, collect data on the family situation of indigenous children, including children in foster care and adoption processes. Such information should be used to design policies relating to the family environment CRC/C/GC/11 page 11 and alternative care of indigenous children in a culturally sensitive way. Maintaining the best interests of the child and the integrity of indigenous families and communities should be primary considerations in development, social services, health and education programmes affecting indigenous children.[[fn:19]]","labels":["Indigenous peoples","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":19,"text":"Ibid."}],"section":["Family environment and alternative care (arts. 5, 18 (paras. 1-2), 9-11, 19-21, 25, 27 (para. 4) and 39 of the Convention)"]},{"id":"crc-c-gc-11-0048","docId":"crc-c-gc-11","idx":48,"n":48,"text":"48. Furthermore, States should always ensure that the principle of the best interests of the child is the paramount consideration in any alternative care placement of indigenous children and in accordance with article 20 (3) of the Convention pay due regard to the desirability of continuity in the child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background. In States parties where indigenous children are overrepresented among children separated from their family environment, specially targeted policy measures should be developed in consultation with indigenous communities in order to reduce the number of indigenous children in alternative care and prevent the loss of their cultural identity. Specifically, if an indigenous child is placed in care outside their community, the State party should take special measures to ensure that the child can maintain his or her cultural identity.","labels":["Indigenous peoples","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Family environment and alternative care (arts. 5, 18 (paras. 1-2), 9-11, 19-21, 25, 27 (para. 4) and 39 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"20","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-11-0049","docId":"crc-c-gc-11","idx":49,"n":49,"text":"49. States parties shall ensure that all children enjoy the highest attainable standard of health and have access to health-care service. Indigenous children frequently suffer poorer health than non-indigenous children due to inter alia inferior or inaccessible health services. The Committee notes with concern, on the basis of its reviews of States parties’ reports, that this applies both to developing and developed countries.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0050","docId":"crc-c-gc-11","idx":50,"n":50,"text":"50. The Committee urges States parties to take special measures to ensure that indigenous children are not discriminated against enjoying the highest attainable standard of health. The Committee is concerned over the high rates of mortality among indigenous children and notes that States parties have a positive duty to ensure that indigenous children have equal access to health services and to combat malnutrition as well as infant, child and maternal mortality.","labels":["Indigenous peoples","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0051","docId":"crc-c-gc-11","idx":51,"n":51,"text":"51. States parties should take the necessary steps to ensure ease of access to health-care services for indigenous children. Health services should to the extent possible be community based and planned and administered in cooperation with the peoples concerned.[[fn:20]] Special consideration should be given to ensure that health-care services are culturally sensitive and that information about these is available in indigenous languages. Particular attention should be given to ensuring access to health care for indigenous peoples who reside in rural and remote areas or in areas of armed conflict or who are migrant workers, refugees or displaced. States parties should furthermore pay special attention to the needs of indigenous children with disabilities and ensure that relevant programmes and policies are culturally sensitive.[[fn:21]]","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Children","Persons with disabilities","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":20,"text":"ILO Convention No. 169, article 25 (1, 2)."},{"n":21,"text":"CRC, general comment No. 9 on The Rights of Children with Disabilities, 2006."}],"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0052","docId":"crc-c-gc-11","idx":52,"n":52,"text":"52. Health-care workers and medical staff from indigenous communities play an important role by serving as a bridge between traditional medicine and conventional medical services and preference should be given to employment of local indigenous community workers.[[fn:22]] States parties should encourage the role of these workers by providing them with the necessary means and training in order to enable that conventional medicine be used by indigenous communities in a way that is mindful of their culture and traditions. In this context, the Committee recalls article 25 (2) of the ILO Convention No. 169 and articles 24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples on the right of indigenous peoples to their traditional medicines.[[fn:23]]","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":22,"text":"ILO Convention No. 169, article 25 (3)."},{"n":23,"text":"United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295, articles 24, 31."}],"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"],"citedArticles":[{"article":"25","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 25 (2) of the ILO Convention No. 169' - ILO instrument, not in scope."},{"article":"24","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'articles 24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples' - UNDRIP, not in scope."},{"article":"31","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'articles 24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples' - UNDRIP, not in scope."}]},{"id":"crc-c-gc-11-0053","docId":"crc-c-gc-11","idx":53,"n":53,"text":"53. States should take all reasonable measures to ensure that indigenous children, families and their communities receive information and education on issues relating to health and preventive care such as nutrition, breastfeeding, pre- and postnatal care, child and adolescent health, vaccinations, communicable diseases (in particular HIV/AIDS and tuberculosis), hygiene, environmental sanitation and the dangers of pesticides and herbicides.","labels":["Indigenous peoples","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0054","docId":"crc-c-gc-11","idx":54,"n":54,"text":"54. Regarding adolescent health, States parties should consider specific strategies in order to provide indigenous adolescents with access to sexual and reproductive information and services, including on family planning and contraceptives, the dangers of early pregnancy, the prevention of HIV/AIDS and the prevention and treatment of sexually transmitted infections (STIs). The Committee recommends States parties to take into account its general comments No. 3 on HIV/AIDS and the rights of the child (2003) and No. 4 on adolescent health (2003) for this purpose.[[fn:24]]","labels":["Indigenous peoples","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":24,"text":"CRC, general comment No. 3 on HIV/AIDS and the Rights of the Child, 2003 and general comment No. 4 on Adolescent Health, 2003."}],"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0055","docId":"crc-c-gc-11","idx":55,"n":55,"text":"55. In certain States parties suicide rates for indigenous children are significantly higher than for non-indigenous children. Under such circumstances, States parties should design and implement a policy for preventive measures and ensure that additional financial and human resources are allocated to mental health care for indigenous children in a culturally appropriate manner, following consultation with the affected community. In order to analyse and combat the root causes, the State party should establish and maintain a dialogue with the indigenous community.","labels":["Indigenous peoples","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0056","docId":"crc-c-gc-11","idx":56,"n":56,"text":"56. Article 29 of the Convention sets out that the aims of education for all children should be directed to, among other objectives, the development of respect for the child’s cultural identity, language and values and for civilizations different from his or her own. Further objectives include the preparation of the child for responsible life in a free society, in the spirit of understanding peace, tolerance, equality of sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin. The aims of education apply to education for all children and States should ensure these are adequately reflected in the curricula, content of materials, teaching methods and policies. States are encouraged to refer to the Committee’s general comment No. 1 on the aims of education for further guidance.[[fn:25]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":25,"text":"CRC, general comment No. 1 on the Aims of Education, 2001."}],"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-11-0057","docId":"crc-c-gc-11","idx":57,"n":57,"text":"57. The education of indigenous children contributes both to their individual and community development as well as to their participation in the wider society. Quality education enables indigenous children to exercise and enjoy economic, social and cultural rights for their personal benefit as well as for the benefit of their community. Furthermore, it strengthens children’s ability to exercise their civil rights in order to influence political policy processes for improved protection of human rights. Thus, the implementation of the right to education of indigenous children is an essential means of achieving individual empowerment and self-determination of indigenous peoples.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Education (arts. 28, 29 and 31 of the Convention)"]},{"id":"crc-c-gc-11-0058","docId":"crc-c-gc-11","idx":58,"n":58,"text":"58. In order to ensure that the aims of education are in line with the Convention, States parties are responsible for protecting children from all forms of discrimination as set out in article 2 of the Convention and for actively combating racism. This duty is particularly pertinent in relation to indigenous children. In order to effectively implement this obligation, States parties should ensure that the curricula, educational materials and history textbooks provide a fair, accurate and informative portrayal of the societies and cultures of indigenous peoples.[[fn:26]] Discriminatory practices, such as restrictions on the use of cultural and traditional dress, should be avoided in the school setting.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":26,"text":"ILO Convention No. 169, article 31, United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295, article 15."}],"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-11-0059","docId":"crc-c-gc-11","idx":59,"n":59,"text":"59. Article 28 of the Convention sets out that States parties shall ensure that primary education is compulsory and available to all children on the basis of equal opportunity. States parties are encouraged to make secondary and vocational education available and accessible to every child. However, in practice, indigenous children are less likely to be enrolled in school and continue to have higher drop out and illiteracy rates than non-indigenous children. Most indigenous children have reduced access to education due to a variety of factors including insufficient educational facilities and teachers, direct or indirect costs for education as well as a lack of culturally adjusted and bilingual curricula in accordance with article 30. Furthermore, indigenous children are frequently confronted with discrimination and racism in the school setting.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0060","docId":"crc-c-gc-11","idx":60,"n":60,"text":"In order for indigenous children to enjoy their right to education on equal footing with non-indigenous children, States parties should ensure a range of special measures to this effect. States parties should allocate targeted financial, material and human resources in order to implement policies and programmes which specifically seek to improve the access to education for indigenous children. As established by article 27 of the ILO Convention No. 169, education programmes and services should be developed and implemented in cooperation with the peoples CRC/C/GC/11 page 14 concerned to address their specific needs. Furthermore, governments should recognize the right of indigenous peoples to establish their own educational institutions and facilities, provided that such institutions meet minimum standards established by the competent authority in consultation with these peoples.[[fn:27]] States should undertake all reasonable efforts to ensure that indigenous communities are aware of the value and importance of education and of the significance of community support for school enrolment.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":27,"text":"ILO Convention No. 169, article 27."}],"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-11-0061","docId":"crc-c-gc-11","idx":61,"n":61,"text":"61. States parties should ensure that school facilities are easily accessible where indigenous children live. If required, States parties should support the use of media, such as radio broadcasts and long distance education programmes (internet-based) for educational purposes and establish mobile schools for indigenous peoples who practice nomadic traditions. The school cycle should take into account and seek to adjust to cultural practices as well as agricultural seasons and ceremonial periods. States parties should only establish boarding schools away from indigenous communities when necessary as this may be a disincentive for the enrolment of indigenous children, especially girls. Boarding schools should comply with culturally sensitive standards and be monitored on a regular basis. Attempts should also be made to ensure that indigenous children living outside their communities have access to education in a manner which respects their culture, languages and traditions.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Education (arts. 28, 29 and 31 of the Convention)"]},{"id":"crc-c-gc-11-0062","docId":"crc-c-gc-11","idx":62,"n":62,"text":"62. Article 30 of the Convention establishes the right of the indigenous child to use his or her own language. In order to implement this right, education in the child’s own language is essential. Article 28 of ILO Convention No. 169 affirms that indigenous children shall be taught to read and write in their own language besides being accorded the opportunity to attain fluency in the official languages of the country.[[fn:28]] Bilingual and intercultural curricula are important criteria for the education of indigenous children. Teachers of indigenous children should to the extent possible be recruited from within indigenous communities and given adequate support and training.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":28,"text":"ILO Convention No. 169, article 28."}],"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-11-0063","docId":"crc-c-gc-11","idx":63,"n":63,"text":"63. With reference to article 31 of the Convention, the Committee notes the many positive benefits of participation in sports, traditional games, physical education, and recreational activities and calls on States parties to ensure that indigenous children enjoy the effective exercise of these rights.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-11-0064","docId":"crc-c-gc-11","idx":64,"n":64,"text":"Through its periodic reviews of States parties’ reports, the Committee has concluded that indigenous children are particularly vulnerable in situations of armed conflict or in situations of internal unrest. Indigenous communities often reside in areas which are coveted for their natural CRC/C/GC/11 page 15 resources or that, because of remoteness, serve as a base for non-State armed groups. In other situations, indigenous communities reside in the vicinity of borders or frontiers which are disputed by States.[[fn:29]]","labels":["Indigenous peoples","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":29,"text":"UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 13."}],"section":["Children in armed conflict and refugee children"]},{"id":"crc-c-gc-11-0065","docId":"crc-c-gc-11","idx":65,"n":65,"text":"65. Indigenous children in such circumstances have been, and continue to face risks of being, victims of attacks against their communities, resulting in death, rape and torture, displacement, enforced disappearances, the witnessing of atrocities and the separation from parents and community. Targeting of schools by armed forces and groups has denied indigenous children access to education. Furthermore, indigenous children have been recruited by armed forces and groups and forced to commit atrocities, sometimes even against their own communities.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Children in armed conflict and refugee children"]},{"id":"crc-c-gc-11-0066","docId":"crc-c-gc-11","idx":66,"n":66,"text":"66. Article 38 of the Convention obliges States parties to ensure respect for the rules of humanitarian law, to protect the civilian population and to take care of children who are affected by armed conflict. States parties should pay particular attention to the risks indigenous children face in hostilities and take maximum preventive measures in consultation with the communities concerned. Military activities on indigenous territories should be avoided to the extent possible, the Committee recalls article 30 of the United Nations Declaration on the Rights of Indigenous Peoples in this regard.[[fn:30]] States parties should not require military conscription of indigenous children under the age of 18 years. States parties are encouraged to ratify and implement the Optional Protocol on the Involvement of Children in Armed Conflict.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":30,"text":"United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295, article 30."}],"section":["Children in armed conflict and refugee children"],"citedArticles":[{"article":"38","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly states 'Article 38 of the Convention' in a CRC general comment; art. 38 CRC covers children in armed conflict."},{"article":"30","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 30 to the UN Declaration on the Rights of Indigenous Peoples, a non-binding declaration."}]},{"id":"crc-c-gc-11-0067","docId":"crc-c-gc-11","idx":67,"n":67,"text":"67. Indigenous children who have been victims of recruitment in armed conflict should be provided with the necessary support services for reintegration into their families and communities. Consistent with article 39 of the Convention, States parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of any form of exploitation, abuse, torture or any other form of cruel, inhuman or degrading treatment or punishment or armed conflicts. In the case of indigenous children, this should be done giving due consideration to the child’s cultural and linguistic background.","labels":["Indigenous peoples","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Children in armed conflict and refugee children"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-c-gc-11-0068","docId":"crc-c-gc-11","idx":68,"n":68,"text":"68. Indigenous children who have been displaced or become refugees should be given special attention and humanitarian assistance in a culturally sensitive manner. Safe return and restitution of collective and individual property should be promoted.","labels":["Refugees & asylum-seekers","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Children in armed conflict and refugee children"]},{"id":"crc-c-gc-11-0069","docId":"crc-c-gc-11","idx":69,"n":69,"text":"Article 32 of the Convention provides that all children should be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. In addition, ILO Convention No. 138 (Minimum Age Convention) and Convention No. 182 (Worst Forms of Child Labour Convention) set parameters for CRC/C/GC/11 page 16 distinguishing child labour that needs abolition, on the one hand, and acceptable work done by children, including such activities that allow indigenous children to acquire livelihood skills, identity and culture, on the other. Child labour is work that deprives children of their childhood, their potential and dignity and that is harmful to their physical and mental development.[[fn:31]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":31,"text":"ILO, Handbook on Combating Child Labour among Indigenous and Tribal Peoples, 2006, p. 9."}],"section":["Economic exploitation"],"citedArticles":[{"treaty":"CRC","article":"32","source":"regex"}]},{"id":"crc-c-gc-11-0070","docId":"crc-c-gc-11","idx":70,"n":70,"text":"70. Provisions in the Convention on the Rights of the Child refer to the use of children in illicit production and trafficking of drugs (art. 33), sexual exploitation (art. 34), trafficking in children (art. 35), children in armed conflicts (art. 38). These provisions are closely related to the definition of the worst forms of child labour under ILO Convention No. 182. The Committee notes with grave concern that indigenous children are disproportionately affected by poverty and at particular risk of being used in child labour, especially its worst forms, such as slavery, bonded labour, child trafficking, including for domestic work, use in armed conflict, prostitution and hazardous work.","labels":["Indigenous peoples","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Economic exploitation"],"citedArticles":[{"treaty":"CRC","article":"33","source":"regex"},{"treaty":"CRC","article":"34","source":"regex"},{"treaty":"CRC","article":"35","source":"regex"},{"treaty":"CRC","article":"38","source":"regex"}]},{"id":"crc-c-gc-11-0071","docId":"crc-c-gc-11","idx":71,"n":71,"text":"71. The prevention of exploitative child labour among indigenous children (as in the case of all other children) requires a rights-based approach to child labour and is closely linked to the promotion of education. For the effective elimination of exploitative child labour among indigenous communities, States parties must identify the existing barriers to education and the specific rights and needs of indigenous children with respect to school education and vocational training. This requires that special efforts be taken to maintain a dialogue with indigenous communities and parents regarding the importance and benefits of education. Measures to combat exploitative child labour furthermore require analysis of the structural root causes of child exploitation, data collection and the design and implementation of prevention programmes, with adequate allocation of financial and human resources by the State party, to be carried out in consultation with indigenous communities and children.","labels":["Indigenous peoples","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Economic exploitation"]},{"id":"crc-c-gc-11-0072","docId":"crc-c-gc-11","idx":72,"n":72,"text":"72. Articles 34 and 35 of the Convention with consideration to the provisions of article 20, call on States to ensure that children are protected against sexual exploitation and abuse as well as the abduction, sale or traffic of children for any purposes. The Committee is concerned that indigenous children whose communities are affected by poverty and urban migration are at a high risk of becoming victims of sexual exploitation and trafficking. Young girls, particularly those not registered at birth, are especially vulnerable. In order to improve the protection of all children, including indigenous, States parties are encouraged to ratify and implement the Optional Protocol on the sale of children, child prostitution and child pornography.","labels":["Indigenous peoples","Migrants","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"],"citedArticles":[{"article":"34","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 34 of the Convention on the Rights of the Child (CRC) — protection against sexual exploitation and abuse. Home treaty CRC, no competing treaty named for this article."},{"article":"35","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 35 of CRC — protection against abduction, sale or trafficking of children. Home treaty CRC, no competing treaty."},{"article":"20","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 20 of CRC — children deprived of family environment / alternative care. Home treaty CRC, cited in conjunction with arts. 34 and 35 of CRC."}]},{"id":"crc-c-gc-11-0073","docId":"crc-c-gc-11","idx":73,"n":73,"text":"73. States should, in consultation with indigenous communities, including children, design preventive measures and allocate targeted financial and human resources for their implementation. States should base preventive measures on studies which include documentation of the patterns of violations and analysis of root causes.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0074","docId":"crc-c-gc-11","idx":74,"n":74,"text":"74. Articles 37 and 40 of the Convention ensure the rights of children within, and in interaction with, State judicial systems. The Committee notes with concern that incarceration of indigenous children is often disproportionately high and in some instances may be attributed to systemic discrimination from within the justice system and/or society.[[fn:32]] To address these high rates of incarceration, the Committee draws the attention of States parties to article 40 (3) of the Convention requiring States to undertake measures to deal with children alleged as, accused of, or recognized as having infringed the penal law without resorting to judicial proceedings, whenever appropriate. The Committee, in its general comment No. 10 on children’s rights in juvenile justice (2007) and in its concluding observations, has consistently affirmed that the arrest, detention or imprisonment of a child may be used only as a measure of last resort.[[fn:33]]","labels":["Indigenous peoples","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":32,"text":"CRC, general comment No. 1 on Children’s Rights in Juvenile Justice, 2007, para. 6."},{"n":33,"text":"Ibid. para. 23."}],"section":["Sexual exploitation and trafficking"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"},{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-11-0075","docId":"crc-c-gc-11","idx":75,"n":75,"text":"75. States parties are encouraged to take all appropriate measures to support indigenous peoples to design and implement traditional restorative justice systems as long as those programmes are in accordance with the rights set out in the Convention, notably with the best interests of the child.[[fn:34]] The Committee draws the attention of States parties to the United Nations Guidelines for the Prevention of Juvenile Delinquency, which encourage the development of community programmes for the prevention of juvenile delinquency.[[fn:35]] States parties should seek to support, in consultation with indigenous peoples, the development of community-based policies, programmes and services which consider the needs and culture of indigenous children, their families and communities. States should provide adequate resources to juvenile justice systems, including those developed and implemented by indigenous peoples.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":34,"text":"Recommendations of Day of General Discussion on the Rights of Indigenous Children, 2003, para. 13."},{"n":35,"text":"United Nations Guidelines for the Prevention of Juvenile Delinquency, “the Riyadh Guidelines”, 1990."}],"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0076","docId":"crc-c-gc-11","idx":76,"n":76,"text":"76. States parties are reminded that pursuant to article 12 of the Convention, all children should have an opportunity to be heard in any judicial or criminal proceedings affecting them, either directly or through a representative. In the case of indigenous children, States parties should adopt measures to ensure that an interpreter is provided free of charge if required and that the child is guaranteed legal assistance, in a culturally sensitive manner.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-11-0077","docId":"crc-c-gc-11","idx":77,"n":77,"text":"77. Professionals involved in law enforcement and the judiciary should receive appropriate training on the content and meaning of the provisions of the Convention and its Optional Protocols, including the need to adopt special protection measures for indigenous children and other specific groups.[[fn:36]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":36,"text":"CRC, general comment No. 1 on Children’s Rights in Juvenile Justice, 2007, para. 97."}],"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0078","docId":"crc-c-gc-11","idx":78,"n":78,"text":"78. The Committee reminds States parties that ratification of the Convention on the Rights of the Child obliges States parties to take action to ensure the realization of all rights in the Convention for all children within their jurisdiction. The duty to respect and protect requires each State party to ensure that the exercise of the rights of indigenous children is fully protected against any acts of the State party by its legislative, judicial or administrative authorities or by any other entity or person within the State party.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0079","docId":"crc-c-gc-11","idx":79,"n":79,"text":"79. Article 3 of the Convention requires States parties to ensure that in all actions concerning children, the best interests of the child shall be a primary consideration. Article 4 of the Convention requires States parties to undertake measures to implement the Convention to the maximum extent of their available resources. Article 42 sets out that States parties are further required to ensure that children and adults are provided information on the principles and provisions of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"42","source":"regex"}]},{"id":"crc-c-gc-11-0080","docId":"crc-c-gc-11","idx":80,"n":80,"text":"80. In order to effectively implement the rights of the Convention for indigenous children, States parties need to adopt appropriate legislation in accordance with the Convention. Adequate resources should be allocated and special measures adopted in a range of areas in order to effectively ensure that indigenous children enjoy their rights on an equal level with nonindigenous children. Further efforts should be taken to collect and disaggregate data and develop indicators to evaluate the degree of implementation of the rights of indigenous children. In order to develop policy and programming efforts in a culturally sensitive manner, States parties should consult with indigenous communities and directly with indigenous children. Professionals working with indigenous children should be trained on how consideration should be given to cultural aspects of children’s rights.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0081","docId":"crc-c-gc-11","idx":81,"n":81,"text":"81. The Committee calls for States parties to, when applicable, better integrate information in their periodic reports to the Committee on the implementation of indigenous children’s rights and on the adoption of special measures in this regard. Furthermore, the Committee requests States parties to strengthen efforts to translate and disseminate information about the Convention and its Optional Protocols and the reporting process among indigenous communities and children, in order for them to actively participate in the monitoring process. Furthermore, indigenous communities are encouraged to utilize the Convention as an opportunity to assess the implementation of the rights of their children.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0082","docId":"crc-c-gc-11","idx":82,"n":82,"text":"82. Finally, the Committee urges States parties to adopt a rights-based approach to indigenous children based on the Convention and other relevant international standards, such as ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples. In order to guarantee effective monitoring of the implementation of the rights of indigenous children, States parties are urged to strengthen direct cooperation with indigenous communities and, if required, seek technical cooperation from international agencies, including United Nations entities. Empowerment of indigenous children and the effective exercise of their rights to culture, religion and language provide an essential foundation of a culturally diverse State in harmony and compliance with its human rights obligations.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-12-0001","docId":"crc-c-gc-12","idx":1,"n":1,"text":"Article 12 of the Convention on the Rights of the Child (the Convention) is a unique provision in a human rights treaty; it addresses the legal and social status of children, who, on the one hand lack the full autonomy of adults but, on the other, are subjects of rights. Paragraph 1 assures, to every child capable of forming his or her own views, the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with age and maturity. Paragraph 2 states, in particular, that the child shall be afforded the right to be heard in any judicial or administrative proceedings affecting him or her.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0002","docId":"crc-c-gc-12","idx":2,"n":2,"text":"The right of all children to be heard and taken seriously constitutes one of the fundamental values of the Convention. The Committee on the Rights of the Child (the Committee) has identified article 12 as one of the four general principles of the Convention, the others being the right to non-discrimination, the right to life and development, and the primary consideration of the child’s best interests, which highlights the fact that this article establishes not only a right in itself, but should also be considered in the interpretation and implementation of all other rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0003","docId":"crc-c-gc-12","idx":3,"n":3,"text":"Since the adoption of the Convention in 1989, considerable progress has been achieved at the local, national, regional and global levels in the development of legislation, policies and methodologies to promote the implementation of article 12. A widespread practice has emerged in recent years, which has been broadly conceptualized as “participation”, although this term itself does not appear in the text of article 12. This term has evolved and is now widely used to describe ongoing processes, which include information-sharing and dialogue between children and adults based on mutual respect, and in which children can learn how their views and those of adults are taken into account and shape the outcome of such processes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0004","docId":"crc-c-gc-12","idx":4,"n":4,"text":"4. States parties reaffirmed their commitment to the realization of article 12 at the twentyseventh special session of the General Assembly on children in 2002.[[fn:1]] However, the Committee notes that, in most societies around the world, implementation of the child’s right to","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":1,"text":"Resolution S-27/2 “A world fit for children”, adopted by the General Assembly in 2002."}],"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0005","docId":"crc-c-gc-12","idx":5,"n":5,"text":"In 2006, the Committee held a day of general discussion on the right of the child to be heard in order to explore the meaning and significance of article 12, its linkages to other articles, and the gaps, good practices and priority issues that need to be addressed in order to further the enjoyment of this right.[[fn:2]] The present general comment arises from the exchange of information which took place on that day, including with children, the accumulated experience of the Committee in reviewing States parties’ reports, and the very significant expertise and experience of translating the right embodied in article 12 into practice by governments, non-governmental organizations (NGOs), community organizations, development agencies, and children themselves.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":2,"text":"See the recommendations of the day of general discussion in 2006 on the right of the child to be heard, available at: http://www2.ohchr.org/english/bodies/crc/docs/discussion/ Final_Recommendations_after_DGD.doc."}],"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0006","docId":"crc-c-gc-12","idx":6,"n":6,"text":"The present general comment will first present a legal analysis of the two paragraphs of article 12 and will then explain the requirements to fully realize this right, including in judicial and administrative proceedings in particular (sect. A). In section B, the connection of article 12 with the three other general principles of the Convention, as well as its relation to other articles, will be discussed. The requirements and the impact of the child’s right to be heard in different situations and settings are outlined in section C. Section D sets out the basic requirements for the implementation of this right, and the conclusions are presented in section E.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0007","docId":"crc-c-gc-12","idx":7,"n":7,"text":"The Committee recommends that States parties widely disseminate the present general comment within government and administrative structures as well as to children and civil society. This will necessitate translating it into the relevant languages, making child-friendly versions available, holding workshops and seminars to discuss its implications and how best to implement it, and incorporating it into the training of all professionals working for and with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["I. INTRODUCTION"]},{"id":"crc-c-gc-12-0008","docId":"crc-c-gc-12","idx":8,"n":8,"text":"8. The overall objective of the general comment is to support States parties in the effective implementation of article 12. In so doing it seeks to:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["II. OBJECTIVES"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0009","docId":"crc-c-gc-12","idx":9,"n":9,"text":"The general comment is structured according to the distinction made by the Committee between the right to be heard of an individual child and the right to be heard as applied to a group of children (e.g. a class of schoolchildren, the children in a neighbourhood, the children of a country, children with disabilities, or girls). This is a relevant distinction because the Convention stipulates that States parties must assure the right of the child to be heard according to the age and maturity of the child (see the following legal analysis of paragraphs 1 and 2 of article 12).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0010","docId":"crc-c-gc-12","idx":10,"n":10,"text":"The conditions of age and maturity can be assessed when an individual child is heard and also when a group of children chooses to express its views. The task of assessing a child’s age and maturity is facilitated when the group in question is a component of an enduring structure, such as a family, a class of schoolchildren or the residents of a particular neighbourhood, but is made more difficult when children express themselves collectively. Even when confronting difficulties in assessing age and maturity, States parties should consider children as a group to be heard, and the Committee strongly recommends that States parties exert all efforts to listen to or seek the views of those children speaking collectively.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"]},{"id":"crc-c-gc-12-0011","docId":"crc-c-gc-12","idx":11,"n":11,"text":"States parties should encourage the child to form a free view and should provide an environment that enables the child to exercise her or his right to be heard.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"]},{"id":"crc-c-gc-12-0012","docId":"crc-c-gc-12","idx":12,"n":12,"text":"12. The views expressed by children may add relevant perspectives and experience and should be considered in decision-making, policymaking and preparation of laws and/or measures as well as their evaluation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"]},{"id":"crc-c-gc-12-0013","docId":"crc-c-gc-12","idx":13,"n":13,"text":"13. These processes are usually called participation. The exercise of the child’s or children’s right to be heard is a crucial element of such processes. The concept of participation emphasizes that including children should not only be a momentary act, but the starting point for an intense exchange between children and adults on the development of policies, programmes and measures in all relevant contexts of children’s lives.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"]},{"id":"crc-c-gc-12-0014","docId":"crc-c-gc-12","idx":14,"n":14,"text":"14. In section A (Legal analysis) of the general comment, the Committee deals with the right to be heard of the individual child. In section C (The implementation of the right to be heard in different settings and situations), the Committee considers the right to be heard of both the individual child and children as a group.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"]},{"id":"crc-c-gc-12-0015","docId":"crc-c-gc-12","idx":15,"n":15,"text":"15. Article 12 of the Convention establishes the right of every child to freely express her or his views, in all matters affecting her or him, and the subsequent right for those views to be given due weight, according to the child’s age and maturity. This right imposes a clear legal obligation on States parties to recognize this right and ensure its implementation by listening to the views of the child and according them due weight. This obligation requires that States parties, with respect to their particular judicial system, either directly guarantee this right, or adopt or revise laws so that this right can be fully enjoyed by the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","A. Legal analysis"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0016","docId":"crc-c-gc-12","idx":16,"n":16,"text":"16. The child, however, has the right not to exercise this right. Expressing views is a choice for the child, not an obligation. States parties have to ensure that the child receives all necessary information and advice to make a decision in favour of her or his best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","A. Legal analysis"]},{"id":"crc-c-gc-12-0017","docId":"crc-c-gc-12","idx":17,"n":17,"text":"17. Article 12 as a general principle provides that States parties should strive to ensure that the interpretation and implementation of all other rights incorporated in the Convention are guided by it.[[fn:3]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":3,"text":"See the Committee’s general comment No. 5 (2003) on general measures of implementation for the Convention on the Rights of the Child (CRC/GC/2003/5)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","A. Legal analysis"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0018","docId":"crc-c-gc-12","idx":18,"n":18,"text":"18. Article 12 manifests that the child holds rights which have an influence on her or his life, and not only rights derived from her or his vulnerability (protection) or dependency on adults (provision).[[fn:4]] The Convention recognizes the child as a subject of rights, and the nearly universal ratification of this international instrument by States parties emphasizes this status of the child, which is clearly expressed in article 12.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":4,"text":"The Convention is commonly referred to by the three “ps”: provision, protection and participation."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","A. Legal analysis"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0019","docId":"crc-c-gc-12","idx":19,"n":19,"text":"19. Article 12, paragraph 1, provides that States parties “shall assure” the right of the child to freely express her or his views. “Shall assure” is a legal term of special strength, which leaves no leeway for State parties’ discretion. Accordingly, States parties are under strict obligation to undertake appropriate measures to fully implement this right for all children. This obligation contains two elements in order to ensure that mechanisms are in place to solicit the views of the child in all matters affecting her or him and to give due weight to those views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(i) “Shall assure”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0020","docId":"crc-c-gc-12","idx":20,"n":20,"text":"20. States parties shall assure the right to be heard to every child “capable of forming his or her own views”. This phrase should not be seen as a limitation, but rather as an obligation for States parties to assess the capacity of the child to form an autonomous opinion to the greatest extent possible. This means that States parties cannot begin with the assumption that a child is incapable of expressing her or his own views. On the contrary, States parties should presume that a child has the capacity to form her or his own views and recognize that she or he has the right to express them; it is not up to the child to first prove her or his capacity.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(i) “Shall assure”"]},{"id":"crc-c-gc-12-0021","docId":"crc-c-gc-12","idx":21,"n":21,"text":"21. The Committee emphasizes that article 12 imposes no age limit on the right of the child to express her or his views, and discourages States parties from introducing age limits either in law or in practice which would restrict the child’s right to be heard in all matters affecting her or him. In this respect, the Committee underlines the following:","labels":["Indigenous peoples","Migrants","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(i) “Shall assure”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0022","docId":"crc-c-gc-12","idx":22,"n":22,"text":"22. The child has the right “to express those views freely”. “Freely” means that the child can express her or his views without pressure and can choose whether or not she or he wants to exercise her or his right to be heard. “Freely” also means that the child must not be manipulated or subjected to undue influence or pressure. “Freely” is further intrinsically related to the child’s “own” perspective: the child has the right to express her or his own views and not the views of others.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “The right to express those views freely”"]},{"id":"crc-c-gc-12-0023","docId":"crc-c-gc-12","idx":23,"n":23,"text":"23. States parties must ensure conditions for expressing views that account for the child’s individual and social situation and an environment in which the child feels respected and secure when freely expressing her or his opinions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “The right to express those views freely”"]},{"id":"crc-c-gc-12-0024","docId":"crc-c-gc-12","idx":24,"n":24,"text":"24. The Committee emphasizes that a child should not be interviewed more often than necessary, in particular when harmful events are explored. The “hearing” of a child is a difficult process that can have a traumatic impact on the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “The right to express those views freely”"]},{"id":"crc-c-gc-12-0025","docId":"crc-c-gc-12","idx":25,"n":25,"text":"25. The realization of the right of the child to express her or his views requires that the child be informed about the matters, options and possible decisions to be taken and their consequences by those who are responsible for hearing the child, and by the child’s parents or guardian. The child must also be informed about the conditions under which she or he will be asked to express her or his views. This right to information is essential, because it is the precondition of the child’s clarified decisions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “The right to express those views freely”"]},{"id":"crc-c-gc-12-0026","docId":"crc-c-gc-12","idx":26,"n":26,"text":"26. States parties must assure that the child is able to express her or his views “in all matters affecting” her or him. This represents a second qualification of this right: the child must be heard if the matter under discussion affects the child. This basic condition has to be respected and understood broadly.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"]},{"id":"crc-c-gc-12-0027","docId":"crc-c-gc-12","idx":27,"n":27,"text":"27. The Open-ended Working Group established by the Commission on Human Rights, which drafted the text of the Convention, rejected a proposal to define these matters by a list limiting the consideration of a child’s or children’s views. Instead, it was decided that the right of the child to be heard should refer to “all matters affecting the child”. The Committee is concerned that children are often denied the right to be heard, even though it is obvious that the matter under consideration is affecting them and they are capable of expressing their own views with regard to this matter. While the Committee supports a broad definition of “matters”, which also covers issues not explicitly mentioned in the Convention, it recognizes the clause “affecting the child”, which was added in order to clarify that no general political mandate was intended. The practice, however, including the World Summit for Children, demonstrates that a wide interpretation of matters affecting the child and children helps to include children in the social processes of their community and society. Thus, States parties should carefully listen to children’s views wherever their perspective can enhance the quality of solutions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"]},{"id":"crc-c-gc-12-0028","docId":"crc-c-gc-12","idx":28,"n":28,"text":"28. The views of the child must be “given due weight in accordance with the age and maturity of the child”. This clause refers to the capacity of the child, which has to be assessed in order to give due weight to her or his views, or to communicate to the child the way in which those views have influenced the outcome of the process. Article 12 stipulates that simply listening to the child is insufficient; the views of the child have to be seriously considered when the child is capable of forming her or his own views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0029","docId":"crc-c-gc-12","idx":29,"n":29,"text":"29. By requiring that due weight be given in accordance with age and maturity, article 12 makes it clear that age alone cannot determine the significance of a child’s views. Children’s levels of understanding are not uniformly linked to their biological age. Research has shown that information, experience, environment, social and cultural expectations, and levels of support all contribute to the development of a child’s capacities to form a view. For this reason, the views of the child have to be assessed on a case-by-case examination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0030","docId":"crc-c-gc-12","idx":30,"n":30,"text":"30. Maturity refers to the ability to understand and assess the implications of a particular matter, and must therefore be considered when determining the individual capacity of a child. Maturity is difficult to define; in the context of article 12, it is the capacity of a child to express her or his views on issues in a reasonable and independent manner. The impact of the matter on the child must also be taken into consideration. The greater the impact of the outcome on the life of the child, the more relevant the appropriate assessment of the maturity of that child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0031","docId":"crc-c-gc-12","idx":31,"n":31,"text":"31. Consideration needs to be given to the notion of the evolving capacities of the child, and direction and guidance from parents (see para. 84 and sect. C below).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"]},{"id":"crc-c-gc-12-0032","docId":"crc-c-gc-12","idx":32,"n":32,"text":"32. Article 12, paragraph 2, specifies that opportunities to be heard have to be provided in particular “in any judicial and administrative proceedings affecting the child”. The Committee emphasizes that this provision applies to all relevant judicial proceedings affecting the child, without limitation, including, for example, separation of parents, custody, care and adoption, children in conflict with the law, child victims of physical or psychological violence, sexual abuse or other crimes, health care, social security, unaccompanied children, asylum-seeking and refugee children, and victims of armed conflict and other emergencies. Typical administrative proceedings include, for example, decisions about children’s education, health, environment, living conditions, or protection. Both kinds of proceedings may involve alternative dispute mechanisms such as mediation and arbitration.","labels":["Refugees & asylum-seekers","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”","(b) Paragraph 2 of article 12"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0033","docId":"crc-c-gc-12","idx":33,"n":33,"text":"33. The right to be heard applies both to proceedings which are initiated by the child, such as complaints against ill-treatment and appeals against school exclusion, as well as to those initiated by others which affect the child, such as parental separation or adoption. States parties are encouraged to introduce legislative measures requiring decision makers in judicial or administrative proceedings to explain the extent of the consideration given to the views of the child and the consequences for the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”","(b) Paragraph 2 of article 12"]},{"id":"crc-c-gc-12-0034","docId":"crc-c-gc-12","idx":34,"n":34,"text":"34. A child cannot be heard effectively where the environment is intimidating, hostile, insensitive or inappropriate for her or his age. Proceedings must be both accessible and childappropriate. Particular attention needs to be paid to the provision and delivery of childfriendly information, adequate support for self-advocacy, appropriately trained staff, design of court rooms, clothing of judges and lawyers, sight screens, and separate waiting rooms.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”","(b) Paragraph 2 of article 12"]},{"id":"crc-c-gc-12-0035","docId":"crc-c-gc-12","idx":35,"n":35,"text":"35. After the child has decided to be heard, he or she will have to decide how to be heard: “either directly, or through a representative or appropriate body”. The Committee recommends that, wherever possible, the child must be given the opportunity to be directly heard in any proceedings.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(ii) “Either directly, or through a representative or an appropriate body”"]},{"id":"crc-c-gc-12-0036","docId":"crc-c-gc-12","idx":36,"n":36,"text":"36. The representative can be the parent(s), a lawyer, or another person (inter alia, a social worker). However, it must be stressed that in many cases (civil, penal or administrative), there are risks of a conflict of interest between the child and their most obvious representative (parent(s)). If the hearing of the child is undertaken through a representative, it is of utmost importance that the child’s views are transmitted correctly to the decision maker by the representative. The method chosen should be determined by the child (or by the appropriate authority as necessary) according to her or his particular situation. Representatives must have sufficient knowledge and understanding of the various aspects of the decision-making process and experience in working with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(ii) “Either directly, or through a representative or an appropriate body”"]},{"id":"crc-c-gc-12-0037","docId":"crc-c-gc-12","idx":37,"n":37,"text":"37. The representative must be aware that she or he represents exclusively the interests of the child and not the interests of other persons (parent(s)), institutions or bodies (e.g. residential home, administration or society). Codes of conduct should be developed for representatives who are appointed to represent the child’s views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(ii) “Either directly, or through a representative or an appropriate body”"]},{"id":"crc-c-gc-12-0038","docId":"crc-c-gc-12","idx":38,"n":38,"text":"38. The opportunity for representation must be “in a manner consistent with the procedural rules of national law”. This clause should not be interpreted as permitting the use of procedural legislation which restricts or prevents enjoyment of this fundamental right. On the contrary, States parties are encouraged to comply with the basic rules of fair proceedings, such as the right to a defence and the right to access one’s own files.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”"]},{"id":"crc-c-gc-12-0039","docId":"crc-c-gc-12","idx":39,"n":39,"text":"39. When rules of procedure are not adhered to, the decision of the court or the administrative authority can be challenged and may be overturned, substituted, or referred back for further juridical consideration.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”"]},{"id":"crc-c-gc-12-0040","docId":"crc-c-gc-12","idx":40,"n":40,"text":"40. Implementation of the two paragraphs of article 12 requires five steps to be taken in order to effectively realize the right of the child to be heard whenever a matter affects a child or when the child is invited to give her or his views in a formal proceeding as well as in other settings. These requirements have to be applied in a way which is appropriate for the given context.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0041","docId":"crc-c-gc-12","idx":41,"n":41,"text":"41. Those responsible for hearing the child have to ensure that the child is informed about her or his right to express her or his opinion in all matters affecting the child and, in particular, in any judicial and administrative decision-making processes, and about the impact that his or her expressed views will have on the outcome. The child must, furthermore, receive information about the option of either communicating directly or through a representative. She or he must be aware of the possible consequences of this choice. The decision maker must adequately prepare the child before the hearing, providing explanations as to how, when and where the hearing will take place and who the participants will be, and has to take account of the views of the child in this regard.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”"]},{"id":"crc-c-gc-12-0042","docId":"crc-c-gc-12","idx":42,"n":42,"text":"42. The context in which a child exercises her or his right to be heard has to be enabling and encouraging, so that the child can be sure that the adult who is responsible for the hearing is willing to listen and seriously consider what the child has decided to communicate. The person who will hear the views of the child can be an adult involved in the matters affecting the child (e.g. a teacher, social worker or caregiver), a decision maker in an institution (e.g. a director, administrator or judge), or a specialist (e.g. a psychologist or physician).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(b) The hearing"]},{"id":"crc-c-gc-12-0043","docId":"crc-c-gc-12","idx":43,"n":43,"text":"Experience indicates that the situation should have the format of a talk rather than a one-sided examination. Preferably, a child should not be heard in open court, but under conditions of confidentiality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(b) The hearing"]},{"id":"crc-c-gc-12-0044","docId":"crc-c-gc-12","idx":44,"n":44,"text":"44. The child’s views must be given due weight, when a case-by-case analysis indicates that the child is capable of forming her or his own views. If the child is capable of forming her or his own views in a reasonable and independent manner, the decision maker must consider the views of the child as a significant factor in the settlement of the issue. Good practice for assessing the capacity of the child has to be developed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(c) Assessment of the capacity of the child"]},{"id":"crc-c-gc-12-0045","docId":"crc-c-gc-12","idx":45,"n":45,"text":"45. Since the child enjoys the right that her or his views are given due weight, the decision maker has to inform the child of the outcome of the process and explain how her or his views were considered. The feedback is a guarantee that the views of the child are not only heard as a formality, but are taken seriously. The information may prompt the child to insist, agree or make another proposal or, in the case of a judicial or administrative procedure, file an appeal or a complaint.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(c) Assessment of the capacity of the child"]},{"id":"crc-c-gc-12-0046","docId":"crc-c-gc-12","idx":46,"n":46,"text":"46. Legislation is needed to provide children with complaint procedures and remedies when their right to be heard and for their views to be given due weight is disregarded and violated.[[fn:7]] Children should have the possibility of addressing an ombudsman or a person of a comparable role in all children’s institutions, inter alia, in schools and day-care centres, in order to voice their complaints. Children should know who these persons are and how to access them. In the case of family conflicts about consideration of children’s views, a child should be able to turn to a person in the youth services of the community.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":7,"text":"See the Committee’s general comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child, para. 24."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(e) Complaints, remedies and redress"]},{"id":"crc-c-gc-12-0047","docId":"crc-c-gc-12","idx":47,"n":47,"text":"47. If the right of the child to be heard is breached with regard to judicial and administrative proceedings (art. 12, para. 2), the child must have access to appeals and complaints procedures which provide remedies for rights violations. Complaints procedures must provide reliable mechanisms to ensure that children are confident that using them will not expose them to risk of violence or punishment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(e) Complaints, remedies and redress"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0048","docId":"crc-c-gc-12","idx":48,"n":48,"text":"48. The child’s right to be heard imposes the obligation on States parties to review or amend their legislation in order to introduce mechanisms providing children with access to appropriate information, adequate support, if necessary, feedback on the weight given to their views, and procedures for complaints, remedies or redress.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0049","docId":"crc-c-gc-12","idx":49,"n":49,"text":"49. In order to fulfil these obligations, States parties should adopt the following strategies:","labels":["Refugees & asylum-seekers","Children","Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0050","docId":"crc-c-gc-12","idx":50,"n":50,"text":"50. The main issues which require that the child be heard are detailed below:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0051","docId":"crc-c-gc-12","idx":51,"n":51,"text":"51. In cases of separation and divorce, the children of the relationship are unequivocally affected by decisions of the courts. Issues of maintenance for the child as well as custody and access are determined by the judge either at trial or through court-directed mediation. Many jurisdictions have included in their laws, with respect to the dissolution of a relationship, a provision that the judge must give paramount consideration to the “best interests of the child”.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0052","docId":"crc-c-gc-12","idx":52,"n":52,"text":"52. For this reason, all legislation on separation and divorce has to include the right of the child to be heard by decision makers and in mediation processes. Some jurisdictions, either as a matter of policy or legislation, prefer to state an age at which the child is regarded as capable of expressing her or his own views. The Convention, however, anticipates that this matter be determined on a case-by-case basis, since it refers to age and maturity, and for this reason requires an individual assessment of the capacity of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0053","docId":"crc-c-gc-12","idx":53,"n":53,"text":"53. Whenever a decision is made to remove a child from her or his family because the child is a victim of abuse or neglect within his or her home, the view of the child must be taken into account in order to determine the best interests of the child. The intervention may be initiated by a complaint from a child, another family member or a member of the community alleging abuse or neglect in the family.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0054","docId":"crc-c-gc-12","idx":54,"n":54,"text":"54. The Committee’s experience is that the child’s right to be heard is not always taken into account by States parties. The Committee recommends that States parties ensure, through legislation, regulation and policy directives, that the child’s views are solicited and considered, including decisions regarding placement in foster care or homes, development of care plans and their review, and visits with parents and family.","labels":["Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0055","docId":"crc-c-gc-12","idx":55,"n":55,"text":"55. When a child is to be placed for adoption or kafalah of Islamic law and finally will be adopted or placed in kafalah, it is vitally important that the child is heard. Such a process is also necessary when step-parents or foster families adopt a child, although the child and the adopting parents may have already been living together for some time.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0056","docId":"crc-c-gc-12","idx":56,"n":56,"text":"56. Article 21 of the Convention states that the best interests of the child shall be the paramount consideration. In decisions on adoption, kafalah or other placement, the “best interests” of the child cannot be defined without consideration of the child’s views. The Committee urges all States parties to inform the child, if possible, about the effects of adoption, kafalah or other placement, and to ensure by legislation that the views of the child are heard.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"21","source":"regex"}]},{"id":"crc-c-gc-12-0057","docId":"crc-c-gc-12","idx":57,"n":57,"text":"57. In penal proceedings, the right of child to express her or his views freely in all matters affecting the child has to be fully respected and implemented throughout every stage of the process of juvenile justice.[[fn:9]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":9,"text":"See the Committee’s general comment No. 10 (2007) on children’s rights in juvenile justice (CRC/C/GC/10)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0058","docId":"crc-c-gc-12","idx":58,"n":58,"text":"58. Article 12, paragraph 2, of the Convention requires that a child alleged to have, accused of, or recognized as having, infringed the penal law, has the right to be heard. This right has to be fully observed during all stages of the judicial process, from the pre-trial stage when the child has the right to remain silent, to the right to be heard by the police, the prosecutor and the investigating judge. It also applies through the stages of adjudication and disposition, as well as implementation of the imposed measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0059","docId":"crc-c-gc-12","idx":59,"n":59,"text":"59. In case of diversion, including mediation, a child must have the opportunity to give free and voluntary consent and must be given the opportunity to obtain legal and other advice and assistance in determining the appropriateness and desirability of the diversion proposed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0060","docId":"crc-c-gc-12","idx":60,"n":60,"text":"60. In order to effectively participate in the proceedings, every child must be informed promptly and directly about the charges against her or him in a language she or he understands, and also about the juvenile justice process and possible measures taken by the court. The proceedings should be conducted in an atmosphere enabling the child to participate and to express her/himself freely.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0061","docId":"crc-c-gc-12","idx":61,"n":61,"text":"61. The court and other hearings of a child in conflict with the law should be conducted behind closed doors. Exceptions to this rule should be very limited, clearly outlined in national legislation and guided by the best interests of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0062","docId":"crc-c-gc-12","idx":62,"n":62,"text":"62. The child victim and child witness of a crime must be given an opportunity to fully exercise her or his right to freely express her or his view in accordance with United Nations Economic and Social Council resolution 2005/20, “Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime”.[[fn:10]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":10,"text":"United Nations Economic and Social Council resolution 2005/20, in particular arts. 8, 19 and 20. Available at: www.un.org/ecosoc/docs/2005/Resolution%202005-20.pdf."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0063","docId":"crc-c-gc-12","idx":63,"n":63,"text":"63. In particular, this means that every effort has to be made to ensure that a child victim or/and witness is consulted on the relevant matters with regard to involvement in the case under scrutiny, and enabled to express freely, and in her or his own manner, views and concerns regarding her or his involvement in the judicial process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0064","docId":"crc-c-gc-12","idx":64,"n":64,"text":"64. The right of the child victim and witness is also linked to the right to be informed about issues such as availability of health, psychological and social services, the role of a child victim and/or witness, the ways in which “questioning” is conducted, existing support mechanisms in place for the child when submitting a complaint and participating in investigations and court proceedings, the specific places and times of hearings, the availability of protective measures, the possibilities of receiving reparation, and the provisions for appeal.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0065","docId":"crc-c-gc-12","idx":65,"n":65,"text":"65. All States parties should develop administrative procedures in legislation which reflect the requirements of article 12 and ensure the child’s right to be heard along with other procedural rights, including the rights to disclosure of pertinent records, notice of hearing, and representation by parents or others.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) The child’s right to be heard in administrative proceedings"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0066","docId":"crc-c-gc-12","idx":66,"n":66,"text":"66. Children are more likely to be involved with administrative proceedings than court proceedings, because administrative proceedings are less formal, more flexible and relatively easy to establish through law and regulation. The proceedings have to be child-friendly and accessible.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) The child’s right to be heard in administrative proceedings"]},{"id":"crc-c-gc-12-0067","docId":"crc-c-gc-12","idx":67,"n":67,"text":"67. Specific examples of administrative proceedings relevant for children include mechanisms to address discipline issues in schools (e.g. suspensions and expulsions), refusals to grant school certificates and performance-related issues, disciplinary measures and refusals to grant privileges in juvenile detention centres, asylum requests from unaccompanied children, and applications for driver’s licences. In these matters a child should have the right to be heard and enjoy the other rights “consistent with the procedural rules of national law”.","labels":["Refugees & asylum-seekers","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) The child’s right to be heard in administrative proceedings"]},{"id":"crc-c-gc-12-0068","docId":"crc-c-gc-12","idx":68,"n":68,"text":"68. Article 12, as a general principle, is linked to the other general principles of the Convention, such as article 2 (the right to non-discrimination), article 6 (the right to life, survival and development) and, in particular, is interdependent with article 3 (primary consideration of the best interests of the child). The article is also closely linked with the articles related to civil rights and freedoms, particularly article 13 (the right to freedom of expression) and article 17 (the right to information). Furthermore, article 12 is connected to all other articles of the Convention, which cannot be fully implemented if the child is not respected as a subject with her or his own views on the rights enshrined in the respective articles and their implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0069","docId":"crc-c-gc-12","idx":69,"n":69,"text":"69. The connection of article 12 to article 5 (evolving capacities of the child and appropriate direction and guidance from parents, see para. 84 of the present general comment) is of special relevance, since it is crucial that the guidance given by parents takes account of the evolving capacities of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-12-0070","docId":"crc-c-gc-12","idx":70,"n":70,"text":"70. The purpose of article 3 is to ensure that in all actions undertaken concerning children, by a public or private welfare institution, courts, administrative authorities or legislative bodies, the best interests of the child are a primary consideration. It means that every action taken on behalf of the child has to respect the best interests of the child. The best interests of the child is similar to a procedural right that obliges States parties to introduce steps into the action process to ensure that the best interests of the child are taken into consideration. The Convention obliges States parties to assure that those responsible for these actions hear the child as stipulated in article 12. This step is mandatory.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","1. Articles 12 and 3"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0071","docId":"crc-c-gc-12","idx":71,"n":71,"text":"71. The best interests of the child, established in consultation with the child, is not the only factor to be considered in the actions of institutions, authorities and administration. It is, however, of crucial importance, as are the views of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","1. Articles 12 and 3"]},{"id":"crc-c-gc-12-0072","docId":"crc-c-gc-12","idx":72,"n":72,"text":"72. Article 3 is devoted to individual cases, but, explicitly, also requires that the best interests of children as a group are considered in all actions concerning children. States parties are consequently under an obligation to consider not only the individual situation of each child when identifying their best interests, but also the interests of children as a group. Moreover, States parties must examine the actions of private and public institutions, authorities, as well as legislative bodies. The extension of the obligation to “legislative bodies” clearly indicates that every law, regulation or rule that affects children must be guided by the “best interests” criterion.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","1. Articles 12 and 3"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-12-0073","docId":"crc-c-gc-12","idx":73,"n":73,"text":"73. There is no doubt that the best interests of children as a defined group have to be established in the same way as when weighing individual interests. If the best interests of large numbers of children are at stake, heads of institutions, authorities, or governmental bodies should also provide opportunities to hear the concerned children from such undefined groups and to give their views due weight when they plan actions, including legislative decisions, which directly or indirectly affect children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","1. Articles 12 and 3"]},{"id":"crc-c-gc-12-0074","docId":"crc-c-gc-12","idx":74,"n":74,"text":"74. There is no tension between articles 3 and 12, only a complementary role of the two general principles: one establishes the objective of achieving the best interests of the child and the other provides the methodology for reaching the goal of hearing either the child or the children. In fact, there can be no correct application of article 3 if the components of article 12 are not respected. Likewise, article 3 reinforces the functionality of article 12, facilitating the essential role of children in all decisions affecting their lives.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","1. Articles 12 and 3"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0075","docId":"crc-c-gc-12","idx":75,"n":75,"text":"75. The right to non-discrimination is an inherent right guaranteed by all human rights instruments including the Convention on the Rights of the Child. According to article 2 of the Convention, every child has the right not to be discriminated against in the exercise of his or her rights including those provided under article 12. The Committee stresses that States parties shall take adequate measures to assure to every child the right to freely express his or her views and to have those views duly taken into account without discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. States parties shall address discrimination, including against vulnerable or marginalized groups of children, to ensure that children are assured their right to be heard and are enabled to participate in all matters affecting them on an equal basis with all other children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","2. Articles 12, 2 and 6"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0076","docId":"crc-c-gc-12","idx":76,"n":76,"text":"76. In particular, the Committee notes with concern that, in some societies, customary attitudes and practices undermine and place severe limitations on the enjoyment of this right. States","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","2. Articles 12, 2 and 6"]},{"id":"crc-c-gc-12-0077","docId":"crc-c-gc-12","idx":77,"n":77,"text":"77. The Committee urges States parties to pay special attention to the right of the girl child to be heard, to receive support, if needed, to voice her view and her view be given due weight, as gender stereotypes and patriarchal values undermine and place severe limitations on girls in the enjoyment of the right set forth in article 12.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","2. Articles 12, 2 and 6"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0078","docId":"crc-c-gc-12","idx":78,"n":78,"text":"78. The Committee welcomes the obligation of States parties in article 7 of the Convention on the Rights of Persons with Disabilities to ensure that children with disabilities are provided with the necessary assistance and equipment to enable them to freely express their views and for those views to be given due weight.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","2. Articles 12, 2 and 6"],"citedArticles":[{"treaty":"CRPD","article":"7","source":"regex"}]},{"id":"crc-c-gc-12-0079","docId":"crc-c-gc-12","idx":79,"n":79,"text":"79. Article 6 of the Convention on the Rights of the Child acknowledges that every child has an inherent right to life and that States parties shall ensure, to the maximum extent possible, the survival and development of the child. The Committee notes the importance of promoting opportunities for the child’s right to be heard, as child participation is a tool to stimulate the full development of the personality and the evolving capacities of the child consistent with article 6 and with the aims of education embodied in article 29.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","2. Articles 12, 2 and 6"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-12-0080","docId":"crc-c-gc-12","idx":80,"n":80,"text":"80. Article 13, on the right to freedom of expression, and article 17, on access to information, are crucial prerequisites for the effective exercise of the right to be heard. These articles establish that children are subjects of rights and, together with article 12, they assert that the child is entitled to exercise those rights on his or her own behalf, in accordance with her or his evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","3. Articles 12, 13 and 17"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0081","docId":"crc-c-gc-12","idx":81,"n":81,"text":"81. The right to freedom of expression embodied in article 13 is often confused with article 12. However, while both articles are strongly linked, they do elaborate different rights. Freedom of expression relates to the right to hold and express opinions, and to seek and receive information through any media. It asserts the right of the child not to be restricted by the State party in the opinions she or he holds or expresses. As such, the obligation it imposes on States parties is to refrain from interference in the expression of those views, or in access to information, while protecting the right of access to means of communication and public dialogue. Article 12, however, relates to the right of expression of views specifically about matters which affect the child, and the right to be involved in actions and decisions that impact on her or his life. Article 12 imposes an obligation on States parties to introduce the legal framework and mechanisms necessary to facilitate active involvement of the child in all actions affecting the child and in decision-making, and to fulfil the obligation to give due weight to those views once expressed. Freedom of expression in article 13 requires no such engagement or response from States parties. However, creating an environment of respect for children to express their views, consistent with article 12, also contributes towards building children’s capacities to exercise their right to freedom of expression.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","3. Articles 12, 13 and 17"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0082","docId":"crc-c-gc-12","idx":82,"n":82,"text":"82. Fulfilment of the child’s right to information, consistent with article 17 is, to a large degree, a prerequisite for the effective realization of the right to express views. Children need access to information in formats appropriate to their age and capacities on all issues of concern to them. This applies to information, for example, relating to their rights, any proceedings affecting them, national legislation, regulations and policies, local services, and appeals and complaints procedures. Consistent with articles 17 and 42, States parties should include children’s rights in the school curricula.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","3. Articles 12, 13 and 17"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"42","source":"regex"}]},{"id":"crc-c-gc-12-0083","docId":"crc-c-gc-12","idx":83,"n":83,"text":"83. The Committee also reminds States parties that the media are an important means both of promoting awareness of the right of children to express their views, and of providing opportunities for the public expression of such views. It urges various forms of the media to dedicate further resources to the inclusion of children in the development of programmes and the creation of opportunities for children to develop and lead media initiatives on their rights.[[fn:11]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":11,"text":"Day of general discussion on the child and the media (1996): www.unhchr.ch/html/menu2/6/ crc/doc/days/media.pdf."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","3. Articles 12, 13 and 17"]},{"id":"crc-c-gc-12-0084","docId":"crc-c-gc-12","idx":84,"n":84,"text":"84. Article 5 of the Convention states that States parties shall respect the responsibilities, rights and duties of parents, legal guardians, or members of the extended family or community as provided for by local custom, to give direction and guidance to the child in her or his exercise of the rights recognized in the Convention. Consequently, the child has a right to direction and guidance, which have to compensate for the lack of knowledge, experience and understanding of the child and are restricted by his or her evolving capacities, as stated in this article. The more the child himself or herself knows, has experienced and understands, the more the parent, legal guardian or other persons legally responsible for the child have to transform direction and guidance into reminders and advice and later to an exchange on an equal footing. This transformation will not take place at a fixed point in a child’s development, but will steadily increase as the child is encouraged to contribute her or his views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","4. Articles 12 and 5"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-12-0085","docId":"crc-c-gc-12","idx":85,"n":85,"text":"85. This requirement is stimulated by article 12 of the Convention, which stipulates that the child’s views must be given due weight, whenever the child is capable of forming her or his own views. In other words, as children acquire capacities, so they are entitled to an increasing level of responsibility for the regulation of matters affecting them.[[fn:12]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":12,"text":"General comment No. 5 (2003) on general measures of implementation for the Convention on the Rights of the Child."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","4. Articles 12 and 5"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0086","docId":"crc-c-gc-12","idx":86,"n":86,"text":"86. In addition to the articles discussed in the preceding paragraphs, most other articles of the Convention require and promote children’s involvement in matters affecting them. For these manifold involvements, the concept of participation is ubiquitously used. Unquestionably, the lynchpin of these involvements is article 12, but the requirement of planning, working and developing in consultation with children is present throughout the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","4. Articles 12 and 5"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0087","docId":"crc-c-gc-12","idx":87,"n":87,"text":"87. The practice of implementation deals with a broad range problems, such as health, the economy, education or the environment, which are of interest not only to the child as an individual, but to groups of children and children in general. Consequently, the Committee has always interpreted participation broadly in order to establish procedures not only for individual children and clearly defined groups of children, but also for groups of children, such as indigenous children, children with disabilities, or children in general, who are affected directly or indirectly by social, economic or cultural conditions of living in their society.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","4. Articles 12 and 5"]},{"id":"crc-c-gc-12-0088","docId":"crc-c-gc-12","idx":88,"n":88,"text":"88. This broad understanding of children’s participation is reflected in the outcome document adopted by the twenty-seventh special session of the General Assembly entitled “A world fit for children”. States parties have promised “to develop and implement programmes to promote meaningful participation by children, including adolescents, in decision-making processes, including in families and schools and at the local and national levels” (para. 32, subpara. 1). The Committee has stated in its general comment No. 5 on general measures of implementation for the Convention on the Rights of the Child: “It is important that Governments develop a direct relationship with children, not simply one mediated through non-governmental organizations (NGOs) or human rights institutions.”[[fn:13]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":13,"text":"Ibid., para. 12."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","4. Articles 12 and 5"]},{"id":"crc-c-gc-12-0089","docId":"crc-c-gc-12","idx":89,"n":89,"text":"89. The right of the child to be heard has to be implemented in the diverse settings and situations in which children grow up, develop and learn. In these settings and situations, different concepts of the child and her or his role exist, which may invite or restrict children’s involvement in everyday matters and crucial decisions. Various ways of influencing the implementation of the child’s right to be heard are available, which States parties may use to foster children’s participation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations"]},{"id":"crc-c-gc-12-0090","docId":"crc-c-gc-12","idx":90,"n":90,"text":"90. A family where children can freely express views and be taken seriously from the earliest ages provides an important model, and is a preparation for the child to exercise the right to be heard in the wider society.14 Such an approach to parenting serves to promote individual development, enhance family relations and support children’s socialization and plays a preventive role against all forms of violence in the home and family.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0091","docId":"crc-c-gc-12","idx":91,"n":91,"text":"91. The Convention recognizes the rights and responsibilities of parents, or other legal guardians, to provide appropriate direction and guidance to their children (see para. 84 above), but underlines that this is to enable the child to exercise his or her rights and requires that direction and guidance are undertaken in a manner consistent with the evolving capacities of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0092","docId":"crc-c-gc-12","idx":92,"n":92,"text":"92. States parties should encourage, through legislation and policy, parents, guardians and childminders to listen to children and give due weight to their views in matters that concern them. Parents should also be advised to support children in realizing the right to express their views freely and to have children’s views duly taken into account at all levels of society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0093","docId":"crc-c-gc-12","idx":93,"n":93,"text":"93. In order to support the development of parenting styles respecting the child’s right to be heard, the Committee recommends that States parties promote parent education programmes, which build on existing positive behaviours and attitudes and disseminate information on the rights of children and parents enshrined in the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0094","docId":"crc-c-gc-12","idx":94,"n":94,"text":"94. Such programmes need to address:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0095","docId":"crc-c-gc-12","idx":95,"n":95,"text":"95. These programmes have to reinforce the principle that girls and boys have equal rights to express their views.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0096","docId":"crc-c-gc-12","idx":96,"n":96,"text":"96. The media should play a strong role in communicating to parents that their children’s participation is of high value for the children themselves, their families and society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0097","docId":"crc-c-gc-12","idx":97,"n":97,"text":"97. Mechanisms must be introduced to ensure that children in all forms of alternative care, including in institutions, are able to express their views and that those views be given due weight in matters of their placement, the regulations of care in foster families or homes and their daily lives. These should include:","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","2. In alternative care"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-12-0098","docId":"crc-c-gc-12","idx":98,"n":98,"text":"98. The realization of the provisions of the Convention requires respect for the child’s right to express his or her views and to participate in promoting the healthy development and well-being of children. This applies to individual health-care decisions, as well as to children’s involvement in the development of health policy and services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0099","docId":"crc-c-gc-12","idx":99,"n":99,"text":"99. The Committee identifies several distinct but linked issues that need consideration in respect of the child’s involvement in practices and decisions relating to her or his own health care.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0100","docId":"crc-c-gc-12","idx":100,"n":100,"text":"100. Children, including young children, should be included in decision-making processes, in a manner consistent with their evolving capacities. They should be provided with information about proposed treatments and their effects and outcomes, including in formats appropriate and accessible to children with disabilities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0101","docId":"crc-c-gc-12","idx":101,"n":101,"text":"101. States parties need to introduce legislation or regulations to ensure that children have access to confidential medical counselling and advice without parental consent, irrespective of the child’s age, where this is needed for the child’s safety or well-being. Children may need such access, for example, where they are experiencing violence or abuse at home, or in need of reproductive health education or services, or in case of conflicts between parents and the child over access to health services. The right to counselling and advice is distinct from the right to give medical consent and should not be subject to any age limit.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0102","docId":"crc-c-gc-12","idx":102,"n":102,"text":"102. The Committee welcomes the introduction in some countries of a fixed age at which the right to consent transfers to the child, and encourages States parties to give consideration to the introduction of such legislation. Thus, children above that age have an entitlement to give consent without the requirement for any individual professional assessment of capacity after consultation with an independent and competent expert. However, the Committee strongly recommends that States parties ensure that, where a younger child can demonstrate capacity to express an informed view on her or his treatment, this view is given due weight.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0103","docId":"crc-c-gc-12","idx":103,"n":103,"text":"103. Physicians and health-care facilities should provide clear and accessible information to children on their rights concerning their participation in paediatric research and clinical trials. They have to be informed about the research, so that their informed consent can be obtained in addition to other procedural safeguards.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0104","docId":"crc-c-gc-12","idx":104,"n":104,"text":"104. States parties should also introduce measures enabling children to contribute their views and experiences to the planning and programming of services for their health and development. Their views should be sought on all aspects of health provision, including what services are needed, how and where they are best provided, discriminatory barriers to accessing services, quality and attitudes of health professionals, and how to promote children’s capacities to take increasing levels of responsibility for their own health and development. This information can be obtained through, inter alia, feedback systems for children using services or involved in research and consultative processes, and can be transmitted to local or national children’s councils or parliaments to develop standards and indicators of health services that respect the rights of the child.[[fn:14]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":14,"text":"The Committee also draws attention to its general comment No. 3 (2003) on HIV/Aids and the rights of the child, paras. 11 and 12, and its general comment No. 4 (2003) on adolescent health, para. 6."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0105","docId":"crc-c-gc-12","idx":105,"n":105,"text":"105. Respect for right of the child to be heard within education is fundamental to the realization of the right to education. The Committee notes with concern continuing authoritarianism, discrimination, disrespect and violence which characterize the reality of many schools and classrooms. Such environments are not conducive to the expression of children’s views and the due weight to be given these views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0106","docId":"crc-c-gc-12","idx":106,"n":106,"text":"106. The Committee recommends that States parties take action to build opportunities for children to express their views and for those views to be given due weight with regard to the following issues.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0107","docId":"crc-c-gc-12","idx":107,"n":107,"text":"107. In all educational environments, including educational programmes in the early years, the active role of children in a participatory learning environment should be promoted.[[fn:15]] Teaching and learning must take into account life conditions and prospects of the children. For this reason, education authorities have to include children’s and their parents’ views in the planning of curricula and school programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":15,"text":"“A human rights-based approach to Education for All: A framework for the realization of children’s right to education and rights within education”, UNICEF/UNESCO (2007)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0108","docId":"crc-c-gc-12","idx":108,"n":108,"text":"108. Human rights education can shape the motivations and behaviours of children only when human rights are practised in the institutions in which the child learns, plays and lives together with other children and adults.[[fn:16]] In particular, the child’s right to be heard is under critical scrutiny by children in these institutions, where children can observe, whether in fact due weight is given to their views as declared in the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":16,"text":"Committee on the Rights of the Child, general comment No. 1 (2001) on the aims of education (art. 29, para. 1 of the Convention), (CRC/GC/2001/1)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0109","docId":"crc-c-gc-12","idx":109,"n":109,"text":"109. Children’s participation is indispensable for the creation of a social climate in the classroom, which stimulates cooperation and mutual support needed for child-centred interactive learning. Giving children’s views weight is particularly important in the elimination of discrimination, prevention of bullying and disciplinary measures. The Committee welcomes the expansion of peer education and peer counselling.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0110","docId":"crc-c-gc-12","idx":110,"n":110,"text":"110. Steady participation of children in decision-making processes should be achieved through, inter alia, class councils, student councils and student representation on school boards and committees, where they can freely express their views on the development and implementation of school policies and codes of behaviour. These rights need to be enshrined in legislation, rather than relying on the goodwill of authorities, schools and head teachers to implement them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0111","docId":"crc-c-gc-12","idx":111,"n":111,"text":"111. Beyond the school, States parties should consult children at the local and national levels on all aspects of education policy, including, inter alia, the strengthening of the child-friendly character of the educational system, informal and non-formal facilities of learning, which give children a “second chance”, school curricula, teaching methods, school structures, standards, budgeting and child-protection systems.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0112","docId":"crc-c-gc-12","idx":112,"n":112,"text":"112. The Committee encourages States parties to support the development of independent student organizations, which can assist children in competently performing their participatory roles in the education system.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0113","docId":"crc-c-gc-12","idx":113,"n":113,"text":"113. In decisions about the transition to the next level of schools or choice of tracks or streams, the right of the child to be heard has to be assured as these decisions deeply affect the child’s best interests. Such decisions must be subject to administrative or judicial review. Additionally, in disciplinary matters, the right of the child to be heard has to be fully respected.[[fn:17]] In particular, in the case of exclusion of a child from instruction or school, this decision must be subject to judicial review as it contradicts the child’s right to education.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":17,"text":"States parties should refer to the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, which explains participatory strategies to eliminate corporal punishment (CRC/C/GC/8)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0114","docId":"crc-c-gc-12","idx":114,"n":114,"text":"114. The Committee welcomes the introduction of child-friendly school programmes in many countries, which seek to provide interactive, caring, protective and participatory environments that prepare children and adolescents for active roles in society and responsible citizenship within their communities.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0115","docId":"crc-c-gc-12","idx":115,"n":115,"text":"115. Children require play, recreation, physical and cultural activities for their development and socialization. These should be designed taking into account children’s preferences and capacities. Children who are able to express their views should be consulted regarding the accessibility and appropriateness of play and recreation facilities. Very young children and some children with disabilities, who are unable to participate in formal consultative processes, should be provided with particular opportunities to express their wishes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","5. In play, recreation, sports and cultural activities"]},{"id":"crc-c-gc-12-0116","docId":"crc-c-gc-12","idx":116,"n":116,"text":"116. Children working at younger ages than permitted by laws and International Labour Organization Conventions Nos. 138 (1973) and 182 (1999) have to be heard in child-sensitive settings in order to understand their views of the situation and their best interests. They should be included in the search for a solution, which respects the economic and socio-structural constraints as well as the cultural context under which these children work. Children should also be heard when policies are developed to eliminate the root causes of child labour, in particular regarding education.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","5. In play, recreation, sports and cultural activities"]},{"id":"crc-c-gc-12-0117","docId":"crc-c-gc-12","idx":117,"n":117,"text":"117. Working children have a right to be protected by law against exploitation and should be heard when worksites and conditions of work are examined by inspectors investigating the implementation of labour laws. Children and, if existing, representatives of working children’s associations should also be heard when labour laws are drafted or when the enforcement of laws is considered and evaluated.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","5. In play, recreation, sports and cultural activities"]},{"id":"crc-c-gc-12-0118","docId":"crc-c-gc-12","idx":118,"n":118,"text":"118. The Convention establishes the right of the child to be protected from all forms of violence and the responsibility of States parties to ensure this right for every child without any discrimination. The Committee encourages States parties to consult with children in the development and implementation of legislative, policy, educational and other measures to address all forms of violence. Particular attention needs to be paid to ensuring that marginalized and disadvantaged children, such as exploited children, street children or refugee children, are not excluded from consultative processes designed to elicit views on relevant legislation and policy processes.","labels":["Refugees & asylum-seekers","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","7. In situations of violence"]},{"id":"crc-c-gc-12-0119","docId":"crc-c-gc-12","idx":119,"n":119,"text":"119. In this regard, the Committee welcomes the findings of the Secretary-General’s Study on Violence against Children, and urges States Parties to implement fully its recommendations, including the recommendation to provide the space for children to freely express their views and give these views due weight in all aspects of prevention, reporting and monitoring violence against them.[[fn:18]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":18,"text":"Report of the independent expert for the United Nations Study on Violence against Children (A/61/299)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","7. In situations of violence"]},{"id":"crc-c-gc-12-0120","docId":"crc-c-gc-12","idx":120,"n":120,"text":"120. Much of the violence perpetrated against children goes unchallenged both because certain forms of abusive behaviour are understood by children as accepted practices, and due to the lack of child-friendly reporting mechanisms. For example, they have no one to whom they can report in confidence and safety about experienced maltreatment, such as corporal punishment, genital mutilation or early marriage, and no channel to communicate their general observations to those accountable for implementation of their rights. Thus, effective inclusion of children in protective measures requires that children be informed about their right to be heard and to grow up free from all forms of physical and psychological violence. States parties should oblige all children’s institutions to establish easy access to individuals or organizations to which they can report in","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","7. In situations of violence"]},{"id":"crc-c-gc-12-0121","docId":"crc-c-gc-12","idx":121,"n":121,"text":"121. The Committee also draws the attention of States parties to the recommendation in the Secretary-General’s Study on Violence against Children to support and encourage children’s organizations and child-led initiatives to address violence and to include these organizations in the elaboration, establishment and evaluation of anti-violence programmes and measures, so that children can play a key role in their own protection.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","7. In situations of violence"]},{"id":"crc-c-gc-12-0122","docId":"crc-c-gc-12","idx":122,"n":122,"text":"122. The Committee notes that the voices of children have increasingly become a powerful force in the prevention of child rights violations. Good practice examples are available, inter alia, in the fields of violence prevention in schools, combating child exploitation through hazardous and extensive labour, providing health services and education to street children, and in the juvenile justice system. Children should be consulted in the formulation of legislation and policy related to these and other problem areas and involved in the drafting, development and implementation of related plans and programmes.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","8. In the development of prevention strategies"]},{"id":"crc-c-gc-12-0123","docId":"crc-c-gc-12","idx":123,"n":123,"text":"123. Children who come to a country following their parents in search of work or as refugees are in a particularly vulnerable situation. For this reason it is urgent to fully implement their right to express their views on all aspects of the immigration and asylum proceedings. In the case of migration, the child has to be heard on his or her educational expectations and health conditions in order to integrate him or her into school and health services. In the case of an asylum claim, the child must additionally have the opportunity to present her or his reasons leading to the asylum claim.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","9. In immigration and asylum proceedings"]},{"id":"crc-c-gc-12-0124","docId":"crc-c-gc-12","idx":124,"n":124,"text":"124. The Committee emphasizes that these children have to be provided with all relevant information, in their own language, on their entitlements, the services available, including means of communication, and the immigration and asylum process, in order to make their voice heard and to be given due weight in the proceedings. A guardian or adviser should be appointed, free of charge. Asylum-seeking children may also need effective family tracing and relevant information about the situation in their country of origin to determine their best interests. Particular assistance may be needed for children formerly involved in armed conflict to allow them to pronounce their needs. Furthermore, attention is needed to ensure that stateless children are included in decision-making processes within the territories where they reside.[[fn:19]]","labels":["Refugees & asylum-seekers","Children","Non-citizens and stateless","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":19,"text":"Cf. the Committee’s general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin (CRC/GC/2005/6)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","9. In immigration and asylum proceedings"]},{"id":"crc-c-gc-12-0125","docId":"crc-c-gc-12","idx":125,"n":125,"text":"125. The Committee underlines that the right embodied in article 12 does not cease in situations of crisis or in their aftermath. There is a growing body of evidence of the significant contribution that children are able to make in conflict situations, post-conflict resolution and reconstruction processes following emergencies.[[fn:20]] Thus, the Committee emphasized in its recommendation after the day of general discussion in 2008 that children affected by emergencies should be encouraged and enabled to participate in analysing their situation and future prospects. Children’s participation helps them to regain control over their lives, contributes to rehabilitation, develops organizational skills and strengthens a sense of identity. However, care needs to be taken to protect children from exposure to situations that are likely to be traumatic or harmful.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":20,"text":"“The participation of children and young people in emergencies: a guide for relief agencies”, UNICEF, Bangkok (2007)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","9. In immigration and asylum proceedings"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0126","docId":"crc-c-gc-12","idx":126,"n":126,"text":"126. Accordingly, the Committee encourages States parties to support mechanisms which enable children, in particular adolescents, to play an active role in both post-emergency reconstruction and post-conflict resolution processes. Their views should be elicited in the assessment, design, implementation, monitoring and evaluation of programmes. For example, children in refugee camps can be encouraged to contribute to their own safety and well-being through the establishment of children’s forums. Support needs to be given to enable children to establish such forums, while ensuring that their operation is consistent with children’s best interests and their right to protection from harmful experiences.","labels":["Refugees & asylum-seekers","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","9. In immigration and asylum proceedings"]},{"id":"crc-c-gc-12-0127","docId":"crc-c-gc-12","idx":127,"n":127,"text":"127. Much of the opportunity for children’s participation takes place at the community level. The Committee welcomes the growing number of local youth parliaments, municipal children’s councils and ad hoc consultations where children can voice their views in decision-making processes. However, these structures for formal representative participation in local government should be just one of many approaches to the implementation of article 12 at the local level, as they only allow for a relatively small number of children to engage in their local communities. Consulting hours of politicians and officials, open house and visits in schools and kindergartens create additional opportunities for communication.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","11. In national and international settings"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0128","docId":"crc-c-gc-12","idx":128,"n":128,"text":"128. Children should be supported and encouraged to form their own child-led organizations and initiatives, which will create space for meaningful participation and representation. In addition, children can contribute their perspectives, for example, on the design of schools, playgrounds, parks, leisure and cultural facilities, public libraries, health facilities and local transport systems in order to ensure more appropriate services. In community development plans that call for public consultation, children’s views should be explicitly included.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","11. In national and international settings"]},{"id":"crc-c-gc-12-0129","docId":"crc-c-gc-12","idx":129,"n":129,"text":"129. Such participation opportunities are, meanwhile, established in many countries also on the district, regional, federal state and national levels, where youth parliaments, councils and conferences provide forums for children to present their views and make them known to relevant audiences. NGOs and civil society organizations have developed practices to support children, which safeguard the transparency of representation and counter the risks of manipulation or tokenism.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","11. In national and international settings"]},{"id":"crc-c-gc-12-0130","docId":"crc-c-gc-12","idx":130,"n":130,"text":"130. The Committee welcomes the significant contributions by UNICEF and NGOs in promoting awareness-raising on children’s right to be heard and their participation in all domains of their lives, and encourages them to further promote child participation in all matters affecting them, including at the grass-roots, community, and national or international levels, and to facilitate exchanges of best practices. Networking among child-led organizations should be actively encouraged to increase opportunities for shared learning and platforms for collective advocacy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","11. In national and international settings"]},{"id":"crc-c-gc-12-0131","docId":"crc-c-gc-12","idx":131,"n":131,"text":"131. At the international level, children’s participation at the World Summits for Children convened by the General Assembly in 1990 and 2002, and the involvement of children in the reporting process to the Committee on the Rights of the Child have particular relevance. The Committee welcomes written reports and additional oral information submitted by child organizations and children’s representatives in the monitoring process of child rights implementation by States parties, and encourages States parties and NGOs to support children to present their views to the Committee.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","11. In national and international settings"]},{"id":"crc-c-gc-12-0132","docId":"crc-c-gc-12","idx":132,"n":132,"text":"132. The Committee urges States parties to avoid tokenistic approaches, which limit children’s expression of views, or which allow children to be heard, but fail to give their views due weight. It emphasizes that adult manipulation of children, placing children in situations where they are told what they can say, or exposing children to risk of harm through participation are not ethical practices and cannot be understood as implementing article 12.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","D. Basic requirements for the implementation of the right of the child to be heard"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0133","docId":"crc-c-gc-12","idx":133,"n":133,"text":"133. If participation is to be effective and meaningful, it needs to be understood as a process, not as an individual one-off event. Experience since the Convention on the Rights of the Child was adopted in 1989 has led to a broad consensus on the basic requirements which have to be reached for effective, ethical and meaningful implementation of article 12. The Committee recommends that States parties integrate these requirements into all legislative and other measures for the implementation of article 12.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","D. Basic requirements for the implementation of the right of the child to be heard"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0134","docId":"crc-c-gc-12","idx":134,"n":134,"text":"134. All processes in which a child or children are heard and participate, must be: (a) Transparent and informative - children must be provided with full, accessible, diversity-sensitive and age-appropriate information about their right to express their views freely and their views to be given due weight, and how this participation will take place, its scope, purpose and potential impact; (b) Voluntary - children should never be coerced into expressing views against their wishes and they should be informed that they can cease involvement at any stage; (c) Respectful - children’s views have to be treated with respect and they should be provided with opportunities to initiate ideas and activities. Adults working with children should acknowledge, respect and build on good examples of children’s participation, for instance, in their contributions to the family, school, culture and the work environment. They also need an understanding of the socio-economic, environmental and cultural context of children’s lives. Persons and organizations working for and with children should also respect children’s views with regard to participation in public events; (d) Relevant - the issues on which children have the right to express their views must be of real relevance to their lives and enable them to draw on their knowledge, skills and abilities. In addition, space needs to be created to enable children to highlight and address the issues they themselves identify as relevant and important; (e) Child-friendly - environments and working methods should be adapted to children’s capacities. Adequate time and resources should be made available to ensure that children are adequately prepared and have the confidence and opportunity to contribute their views. Consideration needs to be given to the fact that children will need differing levels of support and forms of involvement according to their age and evolving capacities; (f) Inclusive - participation must be inclusive, avoid existing patterns of discrimination, and encourage opportunities for marginalized children, including both girls and boys, to be involved (see also para. 88 above). Children are not a homogenous group and participation needs to provide for equality of opportunity for all, without discrimination on any grounds. Programmes also need to ensure that they are culturally sensitive to children from all communities; (g) Supported by training - adults need preparation, skills and support to facilitate children’s participation effectively, to provide them, for example, with skills in listening, working jointly with children and engaging children effectively in accordance with their evolving capacities. Children themselves can be involved as trainers and facilitators on how to promote effective participation; they require capacity-building to strengthen their skills in, for example, effective participation awareness of their rights, and training in organizing meetings, raising funds, dealing with the media, public speaking and advocacy; (h) Safe and sensitive to risk - in certain situations, expression of views may involve risks. Adults have a responsibility towards the children with whom they work and must take every precaution to minimize the risk to children of violence, exploitation or any other negative consequence of their participation. Action necessary to provide appropriate protection will include the development of a clear child-protection strategy which recognizes the particular risks faced by some groups of children, and the extra barriers they face in obtaining help. Children must be aware of their right to be protected from harm and know where to go for help if needed. Investment in working with families and communities is important in order to build understanding of the value and implications of participation, and to minimize the risks to which children may otherwise be exposed; (i) Accountable - a commitment to follow-up and evaluation is essential. For example, in any research or consultative process, children must be informed as to how their views have been interpreted and used and, where necessary, provided with the opportunity to challenge and influence the analysis of the findings. Children are also entitled to be provided with clear feedback on how their participation has influenced any outcomes. Wherever appropriate, children should be given the opportunity to participate in follow-up processes or activities. Monitoring and evaluation of children’s participation needs to be undertaken, where possible, with children themselves.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","D. Basic requirements for the implementation of the right of the child to be heard"]},{"id":"crc-c-gc-12-0135","docId":"crc-c-gc-12","idx":135,"n":135,"text":"135. Investment in the realization of the child’s right to be heard in all matters of concern to her or him and for her or his views to be given due consideration, is a clear and immediate legal obligation of States parties under the Convention. It is the right of every child without any discrimination. Achieving meaningful opportunities for the implementation of article 12 will necessitate dismantling the legal, political, economic, social and cultural barriers that currently impede children’s opportunity to be heard and their access to participation in all matters affecting them. It requires a preparedness to challenge assumptions about children’s capacities, and to encourage the development of environments in which children can build and demonstrate capacities. It also requires a commitment to resources and training.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","E. Conclusions"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-13-0001","docId":"crc-c-gc-13","idx":1,"n":1,"text":"1. Article 19 states the following:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0002","docId":"crc-c-gc-13","idx":2,"n":2,"text":"Rationale for the present general comment. The Committee on the Rights of the Child (hereinafter: the Committee) issues the present general comment on article 19 of the Convention on the Rights of the Child (hereinafter: the Convention), since the extent and intensity of violence exerted on children is alarming. Measures to end violence must be massively strengthened and expanded in order to effectively put an end to these practices which jeopardize children’s development and societies’ potential non-violent solutions for conflict resolution.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0003","docId":"crc-c-gc-13","idx":3,"n":3,"text":"Overview. The general comment is based on the following fundamental assumptions and observations: (a) “No violence against children is justifiable; all violence against children is preventable”;[[fn:1]] (b) A child rights-based approach to child caregiving and protection requires a paradigm shift towards respecting and promoting the human dignity and the physical and psychological integrity of children as rights-bearing individuals rather than perceiving them primarily as “victims”; (c) The concept of dignity requires that every child is recognized, respected and protected as a rights holder and as a unique and valuable human being with an individual personality, distinct needs, interests and privacy; (d) The principle of the rule of law should apply fully to children as it does to adults; (e) Children’s rights to be heard and to have their views given due weight must be respected systematically in all decision-making processes, and their empowerment and participation should be central to child caregiving and protection strategies and programmes; (f) The right of children to have their best interests be a primary consideration in all matters involving or affecting them must be respected, especially when they are victims of violence, as well as in all measures of prevention; (g) Primary prevention, through public health, education, social services and other approaches, of all forms of violence is of paramount importance; (h) The Committee recognizes the primary position of families, including extended families, in child caregiving and protection and in the prevention of violence. Nevertheless, the Committee also recognizes that the majority of violence takes place in the context of families and that intervention and support are therefore required when children become the victims of hardship and distress imposed on, or generated in, families; (i) The Committee is also aware of widespread and intense violence applied against children in State institutions and by State actors including in schools, care centres, residential homes, police custody and justice institutions which may amount to torture and killing of children, as well as violence against children frequently used by armed groups and State military forces.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":1,"text":"Report of the independent expert for the United Nations study on violence against children (A/61/299), para. 1."}],"section":["I. Introduction"]},{"id":"crc-c-gc-13-0004","docId":"crc-c-gc-13","idx":4,"n":4,"text":"Definition of violence. For the purposes of the present general comment, “violence” is understood to mean “all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse” as listed in article 19, paragraph 1, of the Convention. The term violence has been chosen here to represent all forms of harm to children as listed in article 19, paragraph 1, in conformity with the terminology used in the 2006 United Nations study on violence against children, although the other terms used to describe types of harm (injury, abuse, neglect or negligent treatment, maltreatment and exploitation) carry equal weight.[[fn:2]] In common parlance the term violence is often understood to mean only physical harm and/or intentional harm. However, the Committee emphasizes most strongly that the choice of the term violence in the present general comment must not be interpreted in any way to minimize the impact of, and need to address, non-physical and/or non-intentional forms of harm (such as, inter alia, neglect and psychological maltreatment).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":2,"text":"Translations of the Convention into other languages do not necessarily include exact equivalents of the English term “violence”."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0005","docId":"crc-c-gc-13","idx":5,"n":5,"text":"States’ obligations and the responsibilities of family and other actors. References to “States parties” relate to the obligations of States parties to assume their responsibilities towards children not only at the national level, but also at the provincial and municipal levels. These special obligations are due diligence and the obligation to prevent violence or violations of human rights, the obligation to protect child victims and witnesses from human rights violations, the obligation to investigate and to punish those responsible, and the obligation to provide access to redress human rights violations. Regardless of whether violence takes place, States parties have a positive and active obligation to support and assist parents and other caregivers to secure, within their abilities and financial capacities and with respect for the evolving capacities of the child, the living conditions necessary for the child’s optimal development (arts. 18 and 27). States parties, furthermore, shall ensure that all persons who, within the context of their work, are responsible for the prevention of, protection from, and reaction to violence and in the justice systems are addressing the needs and respecting the rights of children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"]},{"id":"crc-c-gc-13-0006","docId":"crc-c-gc-13","idx":6,"n":6,"text":"Evolution of general comment No. 13. The present general comment builds on the existing guidance provided by the Committee in its review of States parties’ reports and the respective concluding observations, the recommendations of two days of general discussion on violence against children, held in 2000 and 2001, general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, and references in other general comments to the topic of violence. The present general comment draws attention to the recommendations of the 2006 report of the independent expert for the United Nations study on violence against children (A/61/299) and calls on States parties to implement those recommendations without delay. It calls attention to the detailed guidance available in the Guidelines for the Alternative Care of Children.[[fn:3]] It also draws on the expertise and experience of United Nations agencies, Governments, non-governmental organizations (NGOs), community organizations, development agencies, and children themselves in seeking to implement article 19 in practice.[[fn:4]]","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":3,"text":"General Assembly resolution 64/142, annex."},{"n":4,"text":"See the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20, annex)."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0007","docId":"crc-c-gc-13","idx":7,"n":7,"text":"7. Article 19 in context. The Committee recognizes that: (a) Article 19 is one of many provisions in the Convention directly relating to violence. The Committee also recognizes the direct relevance to article 19 of the Optional Protocol on the sale of children, child prostitution and child pornography and the Optional Protocol on the involvement of children in armed conflict. However, the Committee holds that article 19 forms the core provision for discussions and strategies to address and eliminate all forms of violence in the context of the Convention more broadly; (b) Article 19 is strongly linked to a broad range of provisions in the Convention beyond those relating directly to violence. In addition to the articles containing the rights identified as principles of the Convention (see section V of the present general comment), implementation of article 19 must be situated in the context of articles 5, 9, 18 and 27; (c) Children’s rights to respect for their human dignity, physical and psychological integrity and to equal protection under the law are also recognized in other international and regional human rights instruments; (d) Implementation of article 19 requires cooperation within and between national, regional and international human rights bodies, mechanisms and United Nations agencies; (e) Cooperation is needed in particular with the Special Representative of the Secretary-General on Violence against Children, who has the mandate to promote the implementation of the recommendations of the United Nations study on violence against children in close collaboration with Member States and a wide range of partners, including United Nations agencies and organizations, civil society organizations and children, in order to safeguard the child’s right to freedom from all forms of violence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"],"citedArticles":[{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"First occurrence: 'Article 19 is one of many provisions in the Convention directly relating to violence' — clearly CRC art. 19 (protection from all forms of violence)."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second occurrence: same article, continued contextual reference to CRC art. 19 and the Optional Protocols thereto."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Third occurrence: 'implementation of article 19 must be situated in the context of articles 5, 9, 18 and 27' — still CRC art. 19."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Fourth occurrence: 'Implementation of article 19 requires cooperation' — CRC art. 19."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Fifth occurrence: 'Implementation of article 19 requires cooperation … in particular with the Special Representative' — CRC art. 19."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Sixth occurrence: continuing discussion of CRC art. 19 as the 'core provision for … violence'."},{"article":"5","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 5 of CRC (parental guidance / evolving capacities) — listed alongside CRC arts. 9, 18, 27 as articles linked to art. 19 of CRC. Home treaty, no competing treaty."},{"article":"9","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 9 of CRC (separation from parents) — same list as above, CRC context."},{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 18 of CRC (parental responsibilities) — same list, CRC context."},{"article":"27","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 27 of CRC (adequate standard of living) — same list, CRC context."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Seventh occurrence: 'safeguard the child's right to freedom from all forms of violence' linked back to CRC art. 19 mandate."}]},{"id":"crc-c-gc-13-0008","docId":"crc-c-gc-13","idx":8,"n":8,"text":"Dissemination. The Committee recommends that States parties widely disseminate the present general comment within government and administrative structures, to parents, other caregivers, children, professional organizations, communities and civil society at large. All channels of dissemination, including print media, the Internet and children’s own communication means, should be used. This will necessitate translating it into relevant languages, including sign languages, Braille and easy-to-read formats for children with disabilities. It also requires making culturally appropriate and child-friendly versions available, holding workshops and seminars, implementing age- and disability-specific support to discuss its implications and how best to implement it, and incorporating it into the training of all professionals working for and with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"]},{"id":"crc-c-gc-13-0009","docId":"crc-c-gc-13","idx":9,"n":9,"text":"Reporting requirements under the Convention. The Committee refers States parties to the reporting requirements outlined in the treaty-specific reporting guidelines (CRC/C/58/Rev.2 and Corr.1), in general comment No. 8 (para. 53), and in the concluding observations of the Committee adopted following the dialogues with representatives of States parties. The current general comment consolidates and specifies the measures on which States parties are expected to give information in the reports to be submitted under article 44 of the Convention. The Committee also recommends that States parties include information on progress made towards implementing the recommendations of the United Nations study on violence against children (A/61/299, para. 116). Reporting should comprise laws and other regulations taken to prohibit violence and to intervene appropriately when violence occurs and also measures for the prevention of violence, awareness-raising activities and the promotion of positive, non-violent relationships. In the reports it should be furthermore specified who has responsibility for the child and family at each stage of intervention (including prevention), what those responsibilities are, at what stage and under what circumstances professionals can intervene, and how different sectors work together.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"44","source":"regex"}]},{"id":"crc-c-gc-13-0010","docId":"crc-c-gc-13","idx":10,"n":10,"text":"Additional sources of information. The Committee also encourages United Nations agencies, national human rights institutions, NGOs and other competent bodies to provide it with relevant information on the legal status and prevalence of all forms of violence and progress towards their elimination.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"]},{"id":"crc-c-gc-13-0011","docId":"crc-c-gc-13","idx":11,"n":11,"text":"The present general comment seeks: (a) To guide States parties in understanding their obligations under article 19 of the Convention to prohibit, prevent and respond to all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation of children, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child, including State actors; (b) To outline the legislative, judicial, administrative, social and educational measures that States parties must take; (c) To overcome isolated, fragmented and reactive initiatives to address child caregiving and protection which have had limited impact on the prevention and elimination of all forms of violence; (d) To promote a holistic approach to implementing article 19 based on the Convention’s overall perspective on securing children’s rights to survival, dignity, well-being, health, development, participation and non-discrimination – the fulfilment of which are threatened by violence; (e) To provide States parties and other stakeholders with a basis on which to develop a coordinating framework for eliminating violence through comprehensive child rights-based caregiving and protection measures; (f) To highlight the need for all States parties to move quickly to fulfil their obligations under article 19.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["II. Objectives"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0012","docId":"crc-c-gc-13","idx":12,"n":12,"text":"Challenges. The Committee acknowledges and welcomes the numerous initiatives developed by Governments and others to prevent and respond to violence against children. In spite of these efforts, existing initiatives are in general insufficient. Legal frameworks in a majority of States still fail to prohibit all forms of violence against children, and where laws are in place, their enforcement is often inadequate. Widespread social and cultural attitudes and practices condone violence. The impact of measures taken is limited by lack of knowledge, data and understanding of violence against children and its root causes, by reactive efforts focusing on symptoms and consequences rather than causes, and by strategies which are fragmented rather than integrated. Resources allocated to address the problem are inadequate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["III. Violence in children’s lives"]},{"id":"crc-c-gc-13-0013","docId":"crc-c-gc-13","idx":13,"n":13,"text":"The human rights imperative. Addressing and eliminating the widespread prevalence and incidence of violence against children is an obligation of States parties under the Convention. Securing and promoting children’s fundamental rights to respect for their human dignity and physical and psychological integrity, through the prevention of all forms of violence, is essential for promoting the full set of child rights in the Convention. All other arguments presented here reinforce but do not replace this human rights imperative. Strategies and systems to prevent and respond to violence must therefore adopt a child rights rather than a welfare approach. (See para. 53 for more details).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["III. Violence in children’s lives"]},{"id":"crc-c-gc-13-0014","docId":"crc-c-gc-13","idx":14,"n":14,"text":"Societal development and children’s contribution. A respectful, supportive child-rearing environment free from violence supports the realization of children’s individual personalities and fosters the development of social, responsible and actively contributing citizens in the local community and larger society. Research shows that children who have not experienced violence and who develop in a healthy manner are less likely to act violently, both in childhood and when they become adults. Preventing violence in one generation reduces its likelihood in the next. Implementation of article 19 is therefore a key strategy for reducing and preventing all forms of violence in societies and for promoting “social progress and better standards of life” and “freedom, justice and peace in the world” for the “human family” in which children have a place and a value equal to that of adults (Convention preamble).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["III. Violence in children’s lives"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0015","docId":"crc-c-gc-13","idx":15,"n":15,"text":"15. Survival and development – the devastating impact of violence against children. Children’s survival and their “physical, mental, spiritual, moral and social development” (art. 27, para. 1) are severely negatively impacted by violence, as described below: (a) The short- and long-term health consequences of violence against children and child maltreatment are widely recognized. They include: fatal injury; non-fatal injury (possibly leading to disability); physical health problems (including failure to thrive, later lung, heart and liver disease and sexually transmitted infections); cognitive impairment (including impaired school and work performance); psychological and emotional consequences (such as feelings of rejection and abandonment, impaired attachment, trauma, fear, anxiety, insecurity and shattered self-esteem); mental health problems (such as anxiety and depressive disorders, hallucinations, memory disturbances and suicide attempts); and health-risk behaviours (such as substance abuse and early initiation of sexual behaviour); (b) Developmental and behavioural consequences (such as school non-attendance and aggressive, antisocial, self-destructive and interpersonal destructive behaviours) can lead, inter alia, to deterioration of relationships, exclusion from school and coming into conflict with the law). There is evidence that exposure to violence increases a child’s risk of further victimization and an accumulation of violent experiences, including later intimate partner violence.[[fn:5]] (c) The impact on children, in particular adolescents, of high-handed or “zero tolerance” State policies in response to child violence is highly destructive as it is a punitive approach victimizing children by reacting to violence with more violence. Such policies are often shaped by public concerns over citizens’ security and by the high profile given to these issues by mass media. State policies on public security must carefully consider the root causes of children’s offences in order to provide a way out of a vicious circle of retaliating violence with violence.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":5,"text":"See Paulo Sérgio Pinheiro, independent expert for the United Nations Secretary-General’s study on violence against children, World Report on Violence against Children (Geneva, 2006), pp. 63-66."}],"section":["III. Violence in children’s lives"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-13-0016","docId":"crc-c-gc-13","idx":16,"n":16,"text":"The cost of violence against children. The human, social and economic costs of denying children’s rights to protection are enormous and unacceptable. Direct costs may include medical care, legal and social welfare services and alternative care. Indirect costs may include possible lasting injury or disability, psychological costs or other impacts on a victim’s quality of life, disruption or discontinuation of education, and productivity losses in the future life of the child. They also include costs associated with the criminal justice system as a result of crimes committed by children who have experienced violence. The social costs arising from a demographic imbalance due to the discriminatory elimination of girls before birth are high and have potential implications for increased violence against girls including abduction, early and forced marriage, trafficking for sexual purposes and sexual violence.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["III. Violence in children’s lives"]},{"id":"crc-c-gc-13-0017","docId":"crc-c-gc-13","idx":17,"n":17,"text":"No exceptions. The Committee has consistently maintained the position that all forms of violence against children, however light, are unacceptable. “All forms of physical or mental violence” does not leave room for any level of legalized violence against children. Frequency, severity of harm and intent to harm are not prerequisites for the definitions of violence. States parties may refer to such factors in intervention strategies in order to allow proportional responses in the best interests of the child, but definitions must in no way erode the child’s absolute right to human dignity and physical and psychological integrity by describing some forms of violence as legally and/or socially acceptable.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0018","docId":"crc-c-gc-13","idx":18,"n":18,"text":"The need for child rights-based definitions. States parties need to establish national standards for child well-being, health and development as securing these conditions is the ultimate goal of child caregiving and protection. Clear operational legal definitions are required of the different forms of violence outlined in article 19 in order to ban all forms of violence in all settings. These definitions must take into account the guidance provided in the present general comment, must be sufficiently clear to be usable and should be applicable in different societies and cultures. Efforts to standardize definitions internationally (in order to facilitate data collection and cross-country exchange of experiences) should be encouraged.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0019","docId":"crc-c-gc-13","idx":19,"n":19,"text":"Forms of violence – overview. The following non-exhaustive lists outlining forms of violence apply to all children in all settings and in transit between settings. Children can experience violence at the hands of adults, and violence may also occur among children. Furthermore, some children harm themselves. The Committee recognizes that forms of violence often co-occur and that they can span the categories used here for convenience. Both girls and boys are at risk of all forms of violence, but violence often has a gender component. For example, girls may experience more sexual violence at home than boys whereas boys may be more likely to encounter – and experience violence within – the criminal justice system. (See also para. 72 (b) on the gender dimensions of violence).","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0020","docId":"crc-c-gc-13","idx":20,"n":20,"text":"20. Neglect or negligent treatment. Neglect means the failure to meet children’s physical and psychological needs, protect them from danger, or obtain medical, birth registration or other services when those responsible for children’s care have the means, knowledge and access to services to do so. It includes: (a) Physical neglect: failure to protect a child from harm,[[fn:6]] including through lack of supervision, or failure to provide the child with basic necessities including adequate food, shelter, clothing and basic medical care; (b) Psychological or emotional neglect: including lack of any emotional support and love, chronic inattention to the child, caregivers being “psychologically unavailable” by overlooking young children’s cues and signals, and exposure to intimate partner violence, drug or alcohol abuse; (c) Neglect of children’s physical or mental health: withholding essential medical care; (d) Educational neglect: failure to comply with laws requiring caregivers to secure their children’s education through attendance at school or otherwise; and (e) Abandonment: a practice which is of great concern and which can disproportionately affect, inter alia, children out of wedlock and children with disabilities in some societies.[[fn:7]]","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"],"footnotes":[{"n":6,"text":"States parties are also obliged to support caregivers to prevent accidents (art. 19 and art. 24, para. 2 (e))."},{"n":7,"text":"In many countries children are abandoned because parents and caregivers living in poverty do not have the means to support them. According to the definition, neglect is a failure of care when parents have the means to meet their children’s needs. The Committee has often urged States parties to “render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities” (art. 18, para. 2 of the Convention)."}]},{"id":"crc-c-gc-13-0021","docId":"crc-c-gc-13","idx":21,"n":21,"text":"21. Mental violence. “Mental violence”, as referred to in the Convention, is often described as psychological maltreatment, mental abuse, verbal abuse and emotional abuse or neglect and this can include: (a) All forms of persistent harmful interactions with the child, for example, conveying to children that they are worthless, unloved, unwanted, endangered or only of value in meeting another’s needs; (b) Scaring, terrorizing and threatening; exploiting and corrupting; spurning and rejecting; isolating, ignoring and favouritism; (c) Denying emotional responsiveness; neglecting mental health, medical and educational needs; (d) Insults, name-calling, humiliation, belittling, ridiculing and hurting a child’s feelings; (e) Exposure to domestic violence; (f) Placement in solitary confinement, isolation or humiliating or degrading conditions of detention; and (g) Psychological bullying and hazing[[fn:8]] by adults or other children, including via information and communication technologies (ICTs) such as mobile phones and the Internet (known as “cyberbullying”).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":8,"text":"“Hazing” refers to rituals and other activities involving harassment, violence or humiliation which are used as a way of initiating a person into a group."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0022","docId":"crc-c-gc-13","idx":22,"n":22,"text":"22. Physical violence. This includes fatal and non-fatal physical violence. The Committee is of the opinion that physical violence includes: (a) All corporal punishment and all other forms of torture, cruel, inhuman or degrading treatment or punishment; and (b) Physical bullying and hazing by adults and by other children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0023","docId":"crc-c-gc-13","idx":23,"n":23,"text":"23. Children with disabilities may be subject to particular forms of physical violence such as: (a) Forced sterilization, particularly girls; (b) Violence in the guise of treatment (for example electroconvulsive treatment (ECT) and electric shocks used as “aversion treatment” to control children’s behaviour); and (c) Deliberate infliction of disabilities on children for the purpose of exploiting them for begging in the streets or elsewhere.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0024","docId":"crc-c-gc-13","idx":24,"n":24,"text":"Corporal punishment. In general comment No. 8 (para. 11), the Committee defined “corporal” or “physical” punishment as any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting (“smacking”, “slapping”, “spanking”) children, with the hand or with an implement - a whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, for example, kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, caning, forcing children to stay in uncomfortable positions, burning, scalding, or forced ingestion. In the view of the Committee, corporal punishment is invariably degrading. Other specific forms of corporal punishment are listed in the report of the independent expert for the United Nations study on violence against children (A/61/299, paras. 56, 60 and 62).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0025","docId":"crc-c-gc-13","idx":25,"n":25,"text":"25. Sexual abuse and exploitation. Sexual abuse and exploitation includes: (a) The inducement or coercion of a child to engage in any unlawful or psychologically harmful sexual activity;[[fn:9]] (b) The use of children in commercial sexual exploitation; and (c) The use of children in audio or visual images of child sexual abuse; (d) Child prostitution, sexual slavery, sexual exploitation in travel and tourism, trafficking (within and between countries) and sale of children for sexual purposes and forced marriage. Many children experience sexual victimization which is not accompanied by physical force or restraint but which is nonetheless psychologically intrusive, exploitive and traumatic.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":9,"text":"Sexual abuse comprises any sexual activities imposed by an adult on a child, against which the child is entitled to protection by criminal law. Sexual activities are also considered as abuse when committed against a child by another child, if the child offender is significantly older than the child victim or uses power, threat or other means of pressure. Sexual activities between children are not considered as sexual abuse if the children are older than the age limit defined by the State party for consensual sexual activities."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0026","docId":"crc-c-gc-13","idx":26,"n":26,"text":"Torture and inhuman or degrading treatment or punishment. This includes violence in all its forms against children in order to extract a confession, to extrajudicially punish children for unlawful or unwanted behaviours, or to force children to engage in activities against their will, typically applied by police and law-enforcement officers, staff of residential and other institutions and persons who have power over children, including non-State armed actors. Victims are often children who are marginalized, disadvantaged and discriminated against and who lack the protection of adults responsible for defending their rights and best interests. This includes children in conflict with the law, children in street situations, minorities and indigenous children, and unaccompanied children. The brutality of such acts often results in life-long physical and psychological harm and social stress.","labels":["Indigenous peoples","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0027","docId":"crc-c-gc-13","idx":27,"n":27,"text":"Violence among children. This includes physical, psychological and sexual violence, often by bullying, exerted by children against other children, frequently by groups of children, which not only harms a child’s physical and psychological integrity and well-being in the immediate term, but often has severe impact on his or her development, education and social integration in the medium and long term. Also, violence by youth gangs takes a severe toll on children, whether as victims or as participants. Although children are the actors, the role of adults responsible for these children is crucial in all attempts to appropriately react and prevent such violence, ensuring that measures do not exacerbate violence by taking a punitive approach and using violence against violence.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0028","docId":"crc-c-gc-13","idx":28,"n":28,"text":"Self-harm. This includes eating disorders, substance use and abuse, self-inflicted injuries, suicidal thoughts, suicide attempts and actual suicide. Suicide among adolescents is of particular concern to the Committee.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0029","docId":"crc-c-gc-13","idx":29,"n":29,"text":"29. Harmful practices. These include, but are not limited to: (a) Corporal punishment and other cruel or degrading forms of punishment; (b) Female genital mutilation; (c) Amputations, binding, scarring, burning and branding; (d) Violent and degrading initiation rites; force-feeding of girls; fattening; virginity testing (inspecting girls’ genitalia); (e) Forced marriage and early marriage; (f) “Honour” crimes; “retribution” acts of violence (where disputes between different groups are taken out on children of the parties involved); dowry-related death and violence; (g) Accusations of “witchcraft” and related harmful practices such as “exorcism”; (h) Uvulectomy and teeth extraction.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0030","docId":"crc-c-gc-13","idx":30,"n":30,"text":"Violence in the mass media. Mass media, especially tabloids and the yellow press, tend to highlight shocking occurrences and as a result create a biased and stereotyped image of children, in particular of disadvantaged children or adolescents, who are often portrayed as violent or delinquent just because they may behave or dress in a different way. Such stirred-up stereotypes pave the way for State policies based on a punitive approach, which may include violence as a reaction to assumed or factual misdemeanours of children and young persons.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0031","docId":"crc-c-gc-13","idx":31,"n":31,"text":"31. Violence through information and communications technologies.[[fn:10]] Child protection risks in relation to ICT comprise the following overlapping areas: (a) Sexual abuse of children to produce both visual and audio child abuse images facilitated by the Internet and other ICT; (b) The process of taking, making, permitting to take, distributing, showing, possessing or advertising indecent photographs or pseudophotographs (“morphing”) and videos of children and those making a mockery of an individual child or categories of children; (c) Children as users of ICT: (i) As recipients of information, children may be exposed to actually or potentially harmful advertisements, spam, sponsorship, personal information and content which is aggressive, violent, hateful, biased, racist, pornographic[[fn:11]], unwelcome and/or misleading; (ii) As children in contact with others through ICT, children may be bullied, harassed or stalked (child “luring”) and/or coerced, tricked or persuaded into meeting strangers off-line, being “groomed” for involvement in sexual activities and/or providing personal information; (iii) As actors, children may become involved in bullying or harassing others, playing games that negatively influence their psychological development, creating and uploading inappropriate sexual material, providing misleading information or advice, and/or illegal downloading, hacking, gambling, financial scams and/or terrorism.[[fn:12]]","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":10,"text":"Information technologies such as the Internet and mobile phones have great potential as positive tools to help keep children safe and as a way to report suspected or actual violence or maltreatment. A protective environment needs to be created through regulation and monitoring of information technologies including empowering children to safely use these technologies."},{"n":11,"text":"Exposure to pornography can lead to an increase in child-on-child sexual abuse as children exposed to pornography “try out” what they have seen in practice with younger children or those to whom they have easy access and over whom they have control."},{"n":12,"text":"Adapted from a table developed by the EUKids Online project, cited in AUPs in Context: Establishing Safe and Responsible Online Behaviours (Becta, 2009), p. 6. See also the Rio de Janeiro Declaration and Call for Action to Prevent and Stop Sexual Exploitation of Children and Adolescents. Available from http://iiicongressomundial.net/congresso/arquivos/Rio%20Declaration%20and%20Call%20for%20Action%20-%20FINAL%20Version.pdf."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0032","docId":"crc-c-gc-13","idx":32,"n":32,"text":"Institutional and system violations of child rights. Authorities at all levels of the State responsible for the protection of children from all forms of violence may directly and indirectly cause harm by lacking effective means of implementation of obligations under the Convention. Such omissions include the failure to adopt or revise legislation and other provisions, inadequate implementation of laws and other regulations and insufficient provision of material, technical and human resources and capacities to identify, prevent and react to violence against children. It is also an omission when measures and programmes are not equipped with sufficient means to assess, monitor and evaluate progress or shortcomings of the activities to end violence against children. Also, in the commission of certain acts, professionals may abuse children’s right to freedom from violence, for example, when they execute their responsibilities in a way that disregards the best interests, the views and the developmental objectives of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0033","docId":"crc-c-gc-13","idx":33,"n":33,"text":"Definition of “caregivers”. The Committee considers that, while respecting the evolving capacities and progressive autonomy of the child, all human beings below the age of 18 years are nonetheless “in the care of” someone, or should be. There are only three conditions for children: emancipated[[fn:13]], in the care of primary or proxy caregivers, or in the de facto care of the State. The definition of “caregivers”, referred to in article 19, paragraph 1, as “parent(s), legal guardian(s) or any other person who has the care of the child”, covers those with clear, recognized legal, professional-ethical and/or cultural responsibility for the safety, health, development and well-being of the child, primarily: parents, foster parents, adoptive parents, caregivers in kafalah of Islamic law, guardians, extended family and community members; education, school and early childhood personnel; child caregivers employed by parents; recreational and sports coaches – including youth group supervisors; workplace employers or supervisors; and institutional personnel (governmental or non-governmental) in the position of caregivers - for example responsible adults in health-care, juvenile-justice and drop-in and residential-care settings. In the case of unaccompanied children, the State is the de facto caregiver.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":13,"text":"In line with the Committee’s previous recommendation to States parties to increase the age for marriage to 18 years for both girls and boys (general comment No. 4 (2003) on adolescent health and development in the context of the Convention of the Rights of the Child, para. 20), and given their specific vulnerability to maltreatment, the Committee considers that article 19 applies also to children under the age of 18 who have attained majority or emancipation through early marriage and/or forced marriage."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","2.“while in the care of…”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0034","docId":"crc-c-gc-13","idx":34,"n":34,"text":"Definition of care settings. Care settings are places where children spend time under the supervision of their “permanent” primary caregiver (such as a parent or guardian) or a proxy or “temporary” caregiver (such as a teacher or youth group leader) for periods of time which are short-term, long-term, repeated or once only. Children will often pass between caregiving settings with great frequency and flexibility but their safety in transit between these settings is still the responsibility of the primary caregiver – either directly, or via coordination and cooperation with a proxy caregiver (for example to and from school or when fetching water, fuel, food or fodder for animals). Children are also considered to be “in the care of” a primary or proxy caregiver while they are physically unsupervised within a care setting, for example while playing out of sight or surfing the Internet unsupervised. Usual care settings include family homes, schools and other educational institutions, early childhood care settings, after-school care centres, leisure, sports, cultural and recreational facilities, religious institutions and places of worship. In medical, rehabilitative and care facilities, at the workplace and in justice settings children are in the custody of professionals or State actors, who must observe the best interests of the child and ensure his or her rights to protection, well-being and development. A third type of setting in which children’s protection, well-being and development also must be secured, are neighbourhoods, communities and camps or settlements for refugees and people displaced by conflict and/or natural disasters.[[fn:14]]","labels":["Refugees & asylum-seekers","Children","Adolescents","Persons deprived of their liberty","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":14,"text":"The United Nations study on violence against children describes settings in which violence against children occurs; see also the detailed guidance available in the Guidelines for the Alternative Care of Children."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","2.“while in the care of…”"]},{"id":"crc-c-gc-13-0035","docId":"crc-c-gc-13","idx":35,"n":35,"text":"Children without obvious primary or proxy caregivers. Article 19 also applies to children without a primary or proxy caregiver or another person who is entrusted with the protection and well-being of the child such as, for instance, children in child-headed households, children in street situations, children of migrating parents or unaccompanied children outside their country of origin.[[fn:15]] The State party is obliged to take responsibility as the de facto caregiver or the one “who has the care of the child”, even if these children are not within the context of physical care settings such as foster homes, group homes or NGO facilities. The State party is under the obligation “to ensure the child such protection and care as is necessary for his or her well-being” (art. 3, para. 2) and to “ensure alternative care” to “a child temporarily or permanently deprived of his or her family environment” (art. 20). There are different ways to guarantee the rights of these children, preferably in family-like care arrangements, which must be carefully examined with respect to the risk of these children being exposed to violence.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":15,"text":"As defined in the Committee’s general comment No. 6 (2005), para. 7."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","2.“while in the care of…”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-c-gc-13-0036","docId":"crc-c-gc-13","idx":36,"n":36,"text":"Perpetrators of violence. Children may be subjected to violence by primary or proxy caregivers and/or by others against whom their caregiver does provide protection (for example neighbours, peers and strangers). Furthermore, children are at risk of being exposed to violence in many settings where professionals and State actors have often misused their power over children, such as schools, residential homes, police stations or justice institutions. All of these conditions fall under the scope of article 19, which is not limited to violence perpetrated solely by caregivers in a personal context.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","2.“while in the care of…”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0037","docId":"crc-c-gc-13","idx":37,"n":37,"text":"“Shall take” is a term which leaves no leeway for the discretion of States parties. Accordingly, States parties are under strict obligation to undertake “all appropriate measures” to fully implement this right for all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","3.“shall take …”"]},{"id":"crc-c-gc-13-0038","docId":"crc-c-gc-13","idx":38,"n":38,"text":"General measures of implementation and monitoring. The Committee draws the attention of States parties to general comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child.[[fn:16]] The Committee also refers States parties to its general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child. These measures of implementation and monitoring are essential to bring article 19 into reality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":16,"text":"See in particular paras. 9 (range of measures required), 13 and 15 (regarding withdrawal and eligibility of reservations), and 66 and 67 (dissemination of the Convention)."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0039","docId":"crc-c-gc-13","idx":39,"n":39,"text":"“All appropriate...measures”. The term “appropriate” refers to the broad range of measures cutting across all sectors of Government, which must be used and be effective in order to prevent and respond to all forms of violence. “Appropriate” cannot be interpreted to mean acceptance of some forms of violence. An integrated, cohesive, interdisciplinary and coordinated system is required, which incorporates the full range of measures identified in article 19, paragraph 1, across the full range of interventions listed in paragraph 2. Isolated programmes and activities which are not integrated into sustainable and coordinated government policy and infrastructures will have limited effects. Child participation is essential in the development, monitoring and evaluation of the measures outlined here.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0040","docId":"crc-c-gc-13","idx":40,"n":40,"text":"Legislative measures refer to both legislation, including the budget, and the implementing and enforcing measures. They comprise national, provincial and municipal laws and all relevant regulations, which define frameworks, systems, mechanisms and the roles and responsibilities of concerned agencies and competent officers.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"]},{"id":"crc-c-gc-13-0041","docId":"crc-c-gc-13","idx":41,"n":41,"text":"45. State parties that have not yet done so must: (a) Ratify the two Optional Protocols to the Convention, and other international and regional human rights instruments that provide protection for children, including the Convention on the Rights of Persons with Disabilities and its Optional Protocol and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; (b) Review and withdraw declarations and reservations contrary to the object and purpose of the Convention or otherwise contrary to international law; (c) Strengthen cooperation with treaty bodies and other human rights mechanisms; (d) Review and amend domestic legislation in line with article 19 and its implementation within the holistic framework of the Convention, establishing a comprehensive policy on child rights and ensuring absolute prohibition of all forms of violence against children in all settings and effective and appropriate sanctions against perpetrators;[[fn:17]] (e) Provide adequate budget allocations for the implementation of legislation and all other measures adopted to end violence against children; (f) Ensure the protection of child victims and witnesses and effective access to redress and reparation; (g) Ensure that relevant legislation provides adequate protection of children in relation to media and ICT; (h) Establish and implement social programmes to promote optimal positive child-rearing by providing, through integrated services, necessary support for the child and for those who have the care of the child; (i) Enforce law and judicial procedures in a child-friendly way, including remedies available to children when rights are violated; (j) Establish and support an independent national institution of children’s rights.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":17,"text":"In the context of “sanctions”, the term “perpetrators” excludes children who harm themselves. The treatment of children who harm other children must be educational and therapeutic."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"],"citedArticles":[{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text: 'Review and amend domestic legislation in line with article 19 and its implementation within the holistic framework of the Convention' — CRC GC by CRC committee; 'the Convention' = CRC; art. 19 = protection from violence."}]},{"id":"crc-c-gc-13-0042","docId":"crc-c-gc-13","idx":42,"n":42,"text":"42. Administrative measures should reflect governmental obligations to establish policies, programmes, monitoring and oversight systems required to protect the child from all forms of violence. These include: (a) At the national and sub-national government levels: (i) Establishing a government focal point to coordinate child protection strategies and services; (ii) Defining the roles, responsibilities and relationships between stakeholders on inter-agency steering committees with a view to their effectively managing, monitoring and holding accountable the implementing bodies at national and subnational levels; (iii) Ensuring that the process of decentralizing services safeguards their quality, accountability and equitable distribution; (iv) Implementing systematic and transparent budgeting processes in order to make the best use of allocated resources for child protection, including prevention; (v) Establishing a comprehensive and reliable national data collection system in order to ensure systematic monitoring and evaluation of systems (impact analyses), services, programmes and outcomes based on indicators aligned with universal standards, and adjusted for and guided by locally established goals and objectives; (vi) Providing independent national human rights institutions with support and promoting the establishment of specific child rights mandates such as child rights ombudsmen where these do not yet exist.[[fn:18]] (b) At the levels of governmental, professional and civil society institutions: (i) Developing and implementing (through participatory processes which encourage ownership and sustainability): a. Intra- and inter-agency child protection policies; b. Professional ethics codes, protocols, memoranda of understanding and standards of care for all childcare services and settings (including daycare centres, schools, hospitals, sport clubs and residential institutions etc.); (ii) Involving academic teaching and training institutions with regard to child protection initiatives; (iii) Promoting good research programmes.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":18,"text":"See general comment No. 2, in particular paras. 1, 2, 4 and 19."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"]},{"id":"crc-c-gc-13-0043","docId":"crc-c-gc-13","idx":43,"n":43,"text":"43. Social measures should reflect governmental commitment to fulfilling child protection rights and provide for basic and targeted services. They can be initiated and implemented by both State and civil society actors under the responsibility of the State. Such measures include: (a) Social policy measures to reduce risk and prevent violence against children, for example: (i) Integration of child caregiving and protection measures into mainstream systems of social policy; (ii) Identification and prevention of factors and circumstances which hinder vulnerable groups’ access to services and full enjoyment of their rights (including indigenous and minority children and children with disabilities, among others); (iii) Poverty reduction strategies, including financial and social support to families at risk; (iv) Public health and safety, housing, employment and education policies; (v) Improved access to health, social welfare and justice services; (vi) “Child-friendly cities” planning; (vii) Reduced demand for and access to alcohol, illegal drugs and weapons; (viii) Collaboration with the mass media and the ICT industry to devise, promote and enforce global standards for child caregiving and protection; (ix) Development of guidelines for protecting children from information and material produced by mass media disrespecting the human dignity and integrity of the child, abolishing stigmatizing language, refraining from the dissemination of re-victimizing reports on events in family or elsewhere affecting a child and promoting professional methods of investigation based on the use of diverse sources which can be examined by all parties involved; (x) Opportunities for children to express their view and expectations in the media and be not only engaged in children’s programmes, but also involved in the production and transmission of all kinds of information, including as reporters, analysts and commentators in order to support an adequate image of children and childhood in the public. (b) Social programmes to support the child individually and to support the child’s family and other caregivers to provide optimal positive child-rearing, for example: (i) For children: childcare, early child development and after-school care programmes; child and youth groups and clubs; counselling support to children experiencing difficulties (including self-harm); 24-hour toll-free child helplines with trained personnel; foster family services which are subject to periodic review; (ii) For families and other caregivers: community-based mutual-help groups to address psychosocial and economic challenges (for example parenting and micro-credit groups); welfare programmes to support families’ standard of living, including direct allowances to children at a certain age; counselling support to caregivers having difficulties with employment, housing and/or child-rearing; therapeutic programmes (including mutual help groups) to assist caregivers with challenges related to domestic violence, addictions to alcohol or drugs or with other mental health needs.","labels":["Indigenous peoples","Children","Adolescents","Persons living in poverty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"]},{"id":"crc-c-gc-13-0044","docId":"crc-c-gc-13","idx":44,"n":44,"text":"44. Educational measures should address attitudes, traditions, customs and behavioural practices which condone and promote violence against children. They should encourage open discussion about violence, including the engagement of media and civil society. They should support children’s life skills, knowledge and participation and enhance the capacities of caregivers and professionals in contact with children. They can be initiated and implemented by both State and civil society actors under the responsibility of the State. Specific examples include, but are not limited to: (a) For all stakeholders: public information programmes, including awareness campaigns, via opinion leaders and the media, to promote positive child-rearing and to combat negative societal attitudes and practices which condone or encourage violence; dissemination of the Convention, the present general comment and State party reports in child friendly and accessible formats; supporting measures to educate and advise on protection in the context of ICTs; (b) For children: provision of accurate, accessible and age-appropriate information and empowerment on life skills, self-protection and specific risks, including those relating to ICTs and how to develop positive peer relationships and combat bullying; empowerment regarding child rights in general and in particular on the right to be heard and to have their views taken seriously through the school curriculum and in other ways; (c) For families and communities: education on positive child-rearing for parents and caregivers; provision of accurate and accessible information on specific risks and how to listen to children and take their views seriously; (d) For professionals and institutions (government and civil society): (i) Providing initial and in-service general and role-specific training (including inter-sectoral where necessary) on a child rights approach to article 19 and its application in practice, for all professionals and non-professionals working with, and for, children (including teachers at all levels of the educational system, social workers, medical doctors, nurses and other health professionals, psychologists, lawyers, judges, police, probation and prison officers, journalists, community workers, residential caregivers, civil servants and public officials, asylum officers and traditional and religious leaders); (ii) Developing officially recognized certification schemes in association with educational and training institutions and professional societies in order to regulate and acknowledge such training; (iii) Ensuring that the Convention is part of the educational curriculum of all professionals expected to work with and for children; (iv) Supporting “child-friendly schools” and other initiatives which include, inter alia, respect for children’s participation; (v) Promoting research on child caregiving and protection.","labels":["Refugees & asylum-seekers","Children","Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0045","docId":"crc-c-gc-13","idx":45,"n":45,"text":"Range of interventions. A holistic child protection system requires the provision of comprehensive and integrated measures across the full range of stages identified in article 19, paragraph 2, taking account of the socio-cultural traditions and legal system of the respective State party.[[fn:19]]","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":19,"text":"The detailed guidance available in the Guidelines for the Alternative Care of Children should also be taken into account at each stage."}],"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0046","docId":"crc-c-gc-13","idx":46,"n":46,"text":"Prevention. The Committee emphasizes in the strongest terms that child protection must begin with proactive prevention of all forms of violence as well as explicitly prohibit all forms of violence. States have the obligation to adopt all measures necessary to ensure that adults responsible for the care, guidance and upbringing of children will respect and protect children’s rights. Prevention includes public health and other measures to positively promote respectful child-rearing, free from violence, for all children, and to target the root causes of violence at the levels of the child, family, perpetrator, community, institution and society. Emphasis on general (primary) and targeted (secondary) prevention must remain paramount at all times in the development and implementation of child protection systems. Preventive measures offer the greatest return in the long term. However, commitment to prevention does not lessen States’ obligations to respond effectively to violence when it occurs.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0047","docId":"crc-c-gc-13","idx":47,"n":47,"text":"47. Prevention measures include, but are not limited to: (a) For all stakeholders: (i) Challenging attitudes which perpetuate the tolerance and condoning of violence in all its forms, including gender, race, colour, religion, ethnic or social origin, disability and other power imbalances; (ii) Disseminating information regarding the Convention’s holistic and positive approach to child protection through creative public campaigns, schools and peer education, family, community and institutional educational initiatives, professionals and professional groups, NGOs and civil society; (iii) Developing partnerships with all sectors of society, including children themselves, NGOs and the media; (b) For children: (i) Registering all children to facilitate their access to services and redress procedures; (ii) Supporting children to protect themselves and their peers through awareness of their rights and development of social skills as well as age-appropriate empowerment strategies; (iii) Implementing “mentoring” programmes that engage responsible and trusted adults in the lives of children identified as needing extra support beyond that provided by their caregivers; (c) For families and communities: (i) Supporting parents and caregivers to understand, embrace and implement good child-rearing, based on knowledge of child rights, child development and techniques for positive discipline in order to support families’ capacity to provide children with care in a safe environment; (ii) Providing pre- and post-natal services, home visitation programmes, quality early-childhood development programmes, and income-generation programmes for disadvantaged groups; (iii) Strengthening the links between mental health services, substance abuse treatment and child protection services; (iv) Providing respite programmes and family support centres for families facing especially difficult circumstances; (v) Providing shelters and crisis centres for parents (mostly women) who have experienced violence at home and their children; (vi) Providing assistance to the family by adopting measures that promote family unity and ensure for children the full exercise and enjoyment of their rights in private settings, abstaining from unduly interfering in children’s private and family relations, depending on circumstances.[[fn:20]] (d) For professionals and institutions (Government and civil society): (i) Identifying prevention opportunities and informing policy and practice on the basis of research studies and data collection; (ii) Implementing, through a participatory process, rights-based child protection policies and procedures and professional ethics codes and standards of care; (iii) Preventing violence in care and justice settings by, inter alia, developing and implementing community-based services in order to make use of institutionalization and detention only as a last resort and only if in the best interest of the child.","labels":["Children","Persons with disabilities","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":20,"text":"Human Rights Committee, general comment No. 17 (1989) on the rights of the child; European Court of Human Rights, Olsson vs. Sweden (No. 1), Judgement of 24 March 1988, Series A No. 130, para. 81; Inter-American Court of Human Rights, Velásquez Rodríguez vs. Honduras, Judgement on the Merits, 10 January 1989, Series C, No. 3, para. 172."}],"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0048","docId":"crc-c-gc-13","idx":48,"n":48,"text":"Identification.[[fn:21]] This includes identifying risk factors for particular individuals or groups of children and caregivers (in order to trigger targeted prevention initiatives) and identifying signs of actual maltreatment (in order to trigger appropriate intervention as early as possible). This requires that all who come in contact with children are aware of risk factors and indicators of all forms of violence, have received guidance on how to interpret such indicators, and have the necessary knowledge, willingness and ability to take appropriate action (including the provision of emergency protection). Children must be provided with as many opportunities as possible to signal emerging problems before they reach a state of crisis, and for adults to recognize and act on such problems even if the child does not explicitly ask for help. Particular vigilance is needed when it comes to marginalized groups of children who are rendered particularly vulnerable due to their alternative methods of communicating, their immobility and/or the perceived view that they are incompetent, such as children with disabilities. Reasonable accomodation should be provided to ensure that they are able to communicate and signal problems on an equal basis with others.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":21,"text":"Paragraphs 48 ff can also be applied to processes in informal and customary systems of justice."}],"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0049","docId":"crc-c-gc-13","idx":49,"n":49,"text":"Reporting.[[fn:22]] The Committee strongly recommends that all States parties develop safe, well-publicized, confidential and accessible support mechanisms for children, their representatives and others to report violence against children, including through the use of 24-hour toll-free hotlines and other ICTs. The establishment of reporting mechanisms includes: (a) providing appropriate information to facilitate the making of complaints; (b) participation in investigations and court proceedings; (c) developing protocols which are appropriate for different circumstances and made widely known to children and the general public; (d) establishing related support services for children and families; and (e) training and providing ongoing support for personnel to receive and advance the information received through reporting systems. Reporting mechanisms must be coupled with, and should present themselves as help-oriented services offering public health and social support, rather than as triggering responses which are primarily punitive. Children’s right to be heard and to have their views taken seriously must be respected. In every country, the reporting of instances, suspicion or risk of violence should, at a minimum, be required by professionals working directly with children. When reports are made in good faith, processes must be in place to ensure the protection of the professional making the report.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":22,"text":"See also the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime."}],"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0050","docId":"crc-c-gc-13","idx":50,"n":50,"text":"Referral. The person receiving the report should have clear guidance and training on when and how to refer the issue to whichever agency is responsible for coordinating the response. Following this, intersectoral referrals may be made by trained professionals and administrators when children are found to be in need of protection (immediate or longer-term) and specialized support services. Professionals working within the child protection system need to be trained in inter-agency cooperation and protocols for collaboration. The process will involve: (a) a participatory, multi-disciplinary assessment of the short- and long-term needs of the child, caregivers and family, which invites and gives due weight to the child’s views as well as those of the caregivers and family; (b) sharing of the assessment results with the child, caregivers and family; (c) referral of the child and family to a range of services to meet those needs; and (d) follow-up and evaluation of the adequateness of the intervention.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0051","docId":"crc-c-gc-13","idx":51,"n":51,"text":"Investigation. Investigation of instances of violence, whether reported by the child, a representative or an external party, must be undertaken by qualified professionals who have received role-specific and comprehensive training, and require a child rights-based and child-sensitive approach. Rigorous but child-sensitive investigation procedures will help to ensure that violence is correctly identified and help provide evidence for administrative, civil, child-protection and criminal proceedings. Extreme care must be taken to avoid subjecting the child to further harm through the process of the investigation. Towards this end, all parties are obliged to invite and give due weight to the child’s views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0052","docId":"crc-c-gc-13","idx":52,"n":52,"text":"Treatment. “Treatment” is one of the many services needed to “promote physical and psychological recovery and social reintegration” for children who have experienced violence, and must take place “in an environment which fosters the health, self-respect and dignity of the child” (art. 39). In this respect attention must be given to: (a) inviting and giving due weight to the child’s views; (b) the safety of the child; (c) the possible need for her or his immediate safe placement; and (d) the predictable influences of potential interventions on the child’s long-term well-being, health and development. Medical, mental health, social and legal services and support may be required for children upon identification of abuse, as well as longer-term follow-up services. A full range of services, including family group conferencing and other similar practices, should be made available. Services and treatment for perpetrators of violence, especially child perpetrators, are also needed. Children who are aggressive towards other children have often been deprived of a caring family and community environment. They must be regarded as victims of their child-rearing conditions, which imbue them with frustration, hatred and aggression. Educational measures must have priority and be directed to improve their pro-social attitudes, competencies and behaviours. Simultaneously, the life conditions of these children must be examined in order to promote their care and support and that of other children in the family and neighbourhood. In terms of children who harm themselves, it is recognized that this is a result of severe psychological distress and may be a result of violence by others. Self-harm should not be criminalized. Interventions must be supportive and not in any way punitive.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-c-gc-13-0053","docId":"crc-c-gc-13","idx":53,"n":53,"text":"Follow-up. The following must always be clear: (a) who has responsibility for the child and family from reporting and referral all the way through to follow-up; (b) the aims of any course of action taken – which must be fully discussed with the child and other relevant stakeholders; (c) the details, deadlines for implementation and proposed duration of any interventions; and (d) mechanisms and dates for the review, monitoring and evaluation of actions. Continuity between stages of intervention is essential and this may best be achieved through a case management process. Effective help requires that actions, once decided through a participatory process, must not be subject to undue delay. The follow-up must be understood in the context of article 39 (recovery and reintegration), article 25 (periodic review of treatment and placements), article 6, paragraph 2 (right to development) and article 29 (aims of education which present intentions and aspirations for development). Contact of the child with both parents should be ensured in accordance with article 9, paragraph 3, unless this is contrary to the best interests of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"},{"treaty":"CRC","article":"25","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-13-0054","docId":"crc-c-gc-13","idx":54,"n":54,"text":"54. Judicial involvement.[[fn:23]] At all times and in all cases, due process must be respected. In particular, the protection and the further development of the child and his or her best interests (and the best interests of other children where there is a risk of a perpetrator reoffending) must form the primary purpose of decision-making, with regard given to the least intrusive intervention as warranted by the circumstances. Furthermore, the Committee recommends the respect of the following guarantees: (a) Children and their parents should be promptly and adequately informed by the justice system or other competent authorities (such as the police, immigration, or educational, social or health-care services); (b) Child victims of violence should be treated in a child-friendly and sensitive manner throughout the justice process, taking into account their personal situation, needs, age, gender, disability and level of maturity and fully respecting their physical, mental and moral integrity; (c) Judicial involvement should be preventive where possible, proactively encouraging positive behaviour as well as prohibiting negative behaviour. Judicial involvement should be an element of a coordinated and integrated approach across sectors, supporting and facilitating other professionals to work with children, caregivers, families and communities, and facilitating access to the full range of child caregiving and protection services available; (d) In all proceedings involving children victims of violence, the celerity principle must be applied, while respecting the rule of law.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":23,"text":"See also: Guidelines of the Committee of Ministers of the Council of Europe on child friendly justice, adopted on 17 November 2010; Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime; and General Assembly resolution 65/213."}],"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0055","docId":"crc-c-gc-13","idx":55,"n":55,"text":"Judicial involvement may consist of the following: (a) Differentiated and mediated responses such as family group conferencing, alternative dispute-resolution mechanisms, restorative justice and kith and kin agreements (where processes are human-rights respecting, accountable and managed by trained facilitators); (b) Juvenile or family court intervention leading to a specific measure of child protection; (c) Criminal law procedures, which must be strictly applied in order to abolish the widespread practice of de jure or de facto impunity, in particular of State actors; (d) Disciplinary or administrative proceedings against professionals for neglectful or inappropriate behaviour in dealing with suspected cases of child maltreatment (either internal proceedings in the context of professional bodies for breaches of codes of ethics or standards of care, or external proceedings); (e) Judicial orders to ensure compensation and rehabilitation for children who have suffered from violence in its various forms.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0056","docId":"crc-c-gc-13","idx":56,"n":56,"text":"When appropriate, juvenile or family specialized courts and criminal procedures should be established for child victims of violence. This could include the establishment of specialized units within the police, the judiciary and the prosecutor’s office with the possibility of providing accomodations in the judicial process to ensure equal and fair participation of children with disabilities. All professionals working with and for children and involved in such cases should receive specific interdisciplinary training on the rights and needs of children of different age groups, as well as on proceedings that are adapted to them. While implementing a multidisciplinary approach, professional rules on confidentiality should be respected. The decision to separate a child from his or her parent(s) or family environment must be made only when it is in the child’s best interests (art. 9 and art. 20, para. 1). However, in cases of violence where perpetrators are primary caregivers, within the child rights safeguards listed above, and depending on the severity and other factors, intervention measures focusing on social and educational treatment and a restaurative approach are often preferable to a purely punitive judicial involvement. Effective remedies should be available, including compensation to victims and access to redress mechanisms and appeal or independent complaint mechanisms.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-c-gc-13-0057","docId":"crc-c-gc-13","idx":57,"n":57,"text":"57. Effective procedures. Such protective measures as mentioned in article 19, paragraphs 1 and 2, and as integrated into a systems-building approach (see para. 71), require “effective procedures” to ensure their enforcement, quality, relevance, accessibility, impact and efficiency. Such procedures should include: (a) Inter-sectoral coordination, mandated by protocols and memorandums of understanding as necessary; (b) The development and implementation of systematic and ongoing data collection and analysis; (c) The development and implementation of a research agenda; and (d) The development of measurable objectives and indicators in relation to policies, processes and outcomes for children and families.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0058","docId":"crc-c-gc-13","idx":58,"n":58,"text":"Outcome indicators should focus on the child’s positive development and well-being as a rights-bearing person, beyond a purely narrow focus on incidence, prevalence and types or extent of violence. Child death reviews, critical injury reviews, inquests and systemic reviews must also be taken into account when identifying the underlying causes of violence and in recommending corrective courses of actions. Research must build on the existing body of international and national child protection knowledge and benefit from interdisciplinary and international collaboration in order to maximize complementarity. (See also para. 72 (j) on accountability in relation to national coordinating frameworks).","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0059","docId":"crc-c-gc-13","idx":59,"n":59,"text":"Definition of a child rights approach. Respect for the dignity, life, survival, well-being, health, development, participation and non-discrimination of the child as a rights-bearing person should be established and championed as the pre-eminent goal of States parties’ policies concerning children. This is best realized by respecting, protecting and fulfilling all of the rights in the Convention (and its Optional Protocols). It requires a paradigm shift away from child protection approaches in which children are perceived and treated as “objects” in need of assistance rather than as rights holders entitled to non-negotiable rights to protection. A child rights approach is one which furthers the realization of the rights of all children as set out in the Convention by developing the capacity of duty bearers to meet their obligations to respect, protect and fulfil rights (art. 4) and the capacity of rights holders to claim their rights, guided at all times by the rights to non-discrimination (art. 2), consideration of the best interests of the child (art. 3, para. 1), life, survival and development (art. 6), and respect for the views of the child (art. 12). Children also have the right to be directed and guided in the exercise of their rights by caregivers, parents and community members, in line with children’s evolving capacities (art. 5). This child rights approach is holistic and places emphasis on supporting the strengths and resources of the child him/herself and all social systems of which the child is a part: family, school, community, institutions, religious and cultural systems.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-13-0060","docId":"crc-c-gc-13","idx":60,"n":60,"text":"Article 2 (non-discrimination). The Committee stresses that States parties shall take adequate measures to assure to every child the right to protection from all forms of violence “without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status”. This includes discrimination based on prejudices towards commercially sexually exploited children, children in street situations or children in conflict with the law or based on children’s clothing and behaviour. States parties must address discrimination against vulnerable or marginalized groups of children, such as outlined in paragraph 72 (g) of the present general comment, and make proactive efforts to ensure that such children are assured their right to protection on an equal basis with all other children.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-13-0061","docId":"crc-c-gc-13","idx":61,"n":61,"text":"61. Article 3 (best interests of the child). The Committee emphasizes that the interpretation of a child’s best interests must be consistent with the whole Convention, including the obligation to protect children from all forms of violence. It cannot be used to justify practices, including corporal punishment and other forms of cruel or degrading punishment, which conflict with the child’s human dignity and right to physical integrity. An adult’s judgment of a child’s best interests cannot override the obligation to respect all the child’s rights under the Convention. In particular, the Committee maintains that the best interests of the child are best served through: (a) Prevention of all forms of violence and the promotion of positive child-rearing, emphasizing the need for a focus on primary prevention in national coordinating frameworks; (b) Adequate investment in human, financial and technical resources dedicated to the implementation of a child rights-based and integrated child protection and support system.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-13-0062","docId":"crc-c-gc-13","idx":62,"n":62,"text":"Article 6 (life, survival and development). Protection from all forms of violence must be considered not only in terms of the child’s right to “life” and “survival”, but also in terms of their right to “development”, which must be interpreted in line with the overall goal of child protection. Thus, the obligation of the State party includes comprehensive protection from violence and exploitation which would jeopardize a child’s right to life, survival and development. The Committee expects States to interpret “development” in its broadest sense as a holistic concept, embracing the child’s physical, mental, spiritual, moral, psychological and social development. Implementation measures should be aimed at achieving the optimal development for all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-13-0063","docId":"crc-c-gc-13","idx":63,"n":63,"text":"Article 12 (right to be heard). The Committee is of the opinion that child participation promotes protection and child protection is key to participation. The child’s right to be heard commences already with very young children who are particularly vulnerable to violence. Children’s views must be invited and given due weight as a mandatory step at every point in a child protection process. The child’s right to be heard has particular relevance in situations of violence (see the Committee’s general comment No. 12 (2009), paras. 118 ff). With regard to family and child-rearing, the Committee expressed that this right plays a preventive role against all forms of violence in the home and family. The Committee furthermore underlines the importance of children’s participation in the development of prevention strategies in general and in school, in particular in the elimination and prevention of bullying, and other forms of violence in school. Initiatives and programmes that are aimed at strengthening children’s own capacities to eliminate violence should be supported. As the experience of violence is inherently disempowering, sensitive measures are needed to ensure that child protection interventions do not further disempower children but rather contribute positively to their recovery and reintegration via carefully facilitated participation. The Committee notes that barriers to participation are faced by particularly marginalized and/or discriminated groups. Addressing these barriers is especially relevant for child protection, as such children are often among those most affected by violence.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-13-0064","docId":"crc-c-gc-13","idx":64,"n":64,"text":"The following two articles of the Convention also have all-embracing relevance which gives them particular significance for the implementation of article 19.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0065","docId":"crc-c-gc-13","idx":65,"n":65,"text":"Article 4 (appropriate measures). Article 4 obliges States parties to undertake all appropriate measures to implement all the rights in the Convention, including article 19. In applying article 4 of the Convention, it must be noted that the right to protection from all forms of violence outlined in article 19 is a civil right and freedom. Implementation of article 19 is therefore an immediate and unqualified obligation of States parties. In the light of article 4, whatever their economic circumstances, States are required to undertake all possible measures towards the realization of the rights of the child, paying special attention to the most disadvantaged groups (see the Committee’s general comment No. 5, para. 8). The article stresses that available resources must be utilized to the maximum extent.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-13-0066","docId":"crc-c-gc-13","idx":66,"n":66,"text":"Article 5 (direction and guidance consistent with evolving capacities). Implementation of article 19 requires recognition of, and support for, the primary importance of parents, extended families, legal guardians and community members in the caregiving and protection of children and the prevention of violence. This approach is consistent with article 5, which promotes respect for the responsibilities, rights and duties of caregivers to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention (including in article 19). (See also para. 72 (d) on the primacy of familes in the context of national coordinating frameworks and other articles relevant to families).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0067","docId":"crc-c-gc-13","idx":67,"n":67,"text":"Other relevant articles. The Convention contains numerous articles which relate explicitly or implicitly to violence and child protection. Article 19 should be read in conjunction with these articles. These comprehensive references demonstrate the need to take account of the pervasive threat to the implementation of child rights by violence in all its forms and to ensure the protection of children in all situations of life and development.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0068","docId":"crc-c-gc-13","idx":68,"n":68,"text":"Beyond national plans of action. The Committee recognizes that many national plans of action adopted by States parties to implement the rights of the child include measures to prohibit, prevent and eliminate all forms of violence against children. Such plans of action, while contributing to more enjoyment by children of their rights, have nevertheless faced many challenges in their implementation, monitoring, evaluation and follow-up. For example, they have often lacked links with the overall development policy, programmes, budget and coordinating mechanisms. In order to establish a more feasible and flexible instrument, the Committee is proposing a “coordinating framework on violence against children” for all child rights-based measures to protect children from violence in all its forms and to support a protective environment.[[fn:24]] Such a coordinating framework can be used in place of national plans of action where these do not yet exist or where they are proving unwieldy. Where national plans of action are being effectively implemented already, the coordinating framework can nonetheless complement those efforts, stimulate discussion and generate new ideas and resources to improve their functioning.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":24,"text":"See also the overarching recommendations of the independent expert for the United Nations study on violence against children (A/61/299), para. 96."}],"section":["VI. National coordinating framework on violence against children"]},{"id":"crc-c-gc-13-0069","docId":"crc-c-gc-13","idx":69,"n":69,"text":"National coordinating framework on violence against children. This coordinating framework can provide a common frame of reference and a mechanism for communication among Government ministries and also for State and civil society actors at all levels with regard to needed measures, across the range of measures and at each stage of intervention identified in article 19. It can promote flexibility and creativity and allow for the development and implementation of initiatives led simultaneously by both Government and community, but which are nonetheless contained within an overall cohesive and coordinated framework. In previous reccommendations and general comments, including its general comment No. 5 on general measures of implementation, the Committee has already urged States parties to develop plans and strategies for specific aspects of the Convention (for example juvenile justice or early childhood). It is in this context that the Committee recommends the development of a national coordinating framework on protection against all forms of violence, including comprehensive prevention measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["VI. National coordinating framework on violence against children"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0070","docId":"crc-c-gc-13","idx":70,"n":70,"text":"Different starting points. The Committee acknowledges that protecting children from all forms of violence is highly challenging in most countries and that States parties are designing and implementing measures from very different starting points, in terms of existing legal, institutional and service infrastructures, cultural customs and professional competencies, as well as levels of resources.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["VI. National coordinating framework on violence against children"]},{"id":"crc-c-gc-13-0071","docId":"crc-c-gc-13","idx":71,"n":71,"text":"The process of developing a national coordinating framework. There is no single model for such coordinating frameworks for freedom from all forms of violence. Some countries have invested in a discrete system of protecting children whereas others prefer to integrate protection issues into mainstream systems of implementing the rights of children. Experience shows that the process of developing a system is essential to its successful implementation. Skilful facilitation is required to ensure the participation of and ownership by senior representatives of all stakeholder groups, possibly through a multidisciplinary working group which has appropriate decision-making power, which meets regularly and which is prepared to be ambitious. A system of prevention and protection against all forms of violence should build on the strengths in existing formal and informal structures, services and organizations. Gaps should be identified and filled, based on the obligations outlined in article 19 and the Convention more broadly, and in other international and regional human rights instruments, and supported by the guidance provided in the United Nations study on violence against children, the present general comment and additional implementation supports. National planning should be a transparent and inclusive process, with full disclosure to the general public and assurance of the involvement of Government, NGOs, research and professional practice experts, parents and children. It should be accessible and understandable to both children and adults. The national coordinating framework should be fully costed and financed, including human and technical resources, and presented, if possible, within the national child budget.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["VI. National coordinating framework on violence against children"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0072","docId":"crc-c-gc-13","idx":72,"n":72,"text":"72. Elements to be mainstreamed into national coordinating frameworks. The following elements need to be mainstreamed across the measures (legislative, administrative, social and educational) and stages of intervention (from prevention through to recovery and reintegration): (a) Child rights approach. This approach is based on the declaration of the child as a rights holder and not a beneficiary of benevolent activities of adults. It includes respecting and encouraging consultation and cooperation with, and the agency of, children in the design, implementation, monitoring and evaluation of the coordinating framework and specific measures therein, taking account of the age and evolving capacities of the child or children; (b) The gender dimensions of violence against children. States parties should ensure that policies and measures take into account the different risks facing girls and boys in respect of various forms of violence in various settings. States should address all forms of gender discrimination as part of a comprehensive violence-prevention strategy. This includes addressing gender-based stereotypes, power imbalances, inequalities and discrimination which support and perpetuate the use of violence and coercion in the home, in school and educational settings, in communities, in the workplace, in institutions and in society more broadly. Men and boys must be actively encouraged as strategic partners and allies, and along with women and girls, must be provided with opportunities to increase their respect for one another and their understanding of how to stop gender discrimination and its violent manifestations; (c) Primary (general) prevention. See paragraph 42 of the present general comment for details; (d) The primary position of families in child caregiving and protection strategies.[[fn:25]] Families (including extended families and other forms of family-type care arrangements) have the greatest potential to protect children and to prevent violence. Families can also support and empower children to protect themselves. The need to strengthen family life, support families and work with families with challenges must therefore be a priority child protection activity at every stage of intervention, particularly prevention (through establishing good child caregiving) and in early intervention. However, the Committee also recognizes that much of the violence experienced by children, including sexual abuse, takes place within a family context and stresses the necessity of intervening in families if children are exposed to violence by family members; (e) Resilience and protective factors. It is of critical importance to understand resilience and protective factors, i.e. internal and external strengths and supports which promote personal security and reduce abuse and neglect and their negative impact. Protective factors include stable families; nurturing child-rearing by adults who meet the child’s physical and psychosocial needs; positive non-violent discipline; secure attachment of the child to at least one adult; supportive relationships with peers and others (including teachers); a social environment that fosters pro-social, non-violent and non-discriminatory attitudes and behaviours; high levels of community social cohesion; and thriving social networks and neighbourhood connections; (f) Risk factors. Proactive, tailored measures need to be taken to reduce the risk factors to which individual children or groups of children may be exposed in general or in particular contexts. This includes parental risk factors such as substance abuse, mental health problems and social isolation as well as family risk factors such as poverty, unemployment, discrimination and marginalization. At a universal level all children aged 0-18 years are considered vulnerable until the completion of their neural, psychological, social and physical growth and development. Babies and young children are at higher risk due to the immaturity of their developing brain and their complete dependency on adults. Both girls and boys are at risk, but violence often has a gender component; (g) Children in potentially vulnerable situations. Groups of children which are likely to be exposed to violence include, but are not limited to, children: not living with their biological parents, but in various forms of alternative care; not registered at birth; in street situations; in actual or perceived conflict with the law; with physical disabilities, sensory disabilities, learning disabilities, psychosocial disabilities and congenital, acquired and/or chronic illnesses or serious behavioural problems; who are indigenous[[fn:26]] and from other ethnic minorities; from minority religious or linguistic groups; who are lesbian, gay, transgender or transsexual; at risk of harmful traditional practices; in early marriage (especially girls, and especially but not exclusively forced marriage); in hazardous child labour, including the worst forms; who are on the move as migrants or refugees, or who are displaced and/or trafficked; who have already experienced violence; who experience and witness violence in the home and in communities; in low socio-economic urban environments, where guns, weapons, drugs and alcohol may be easily available; living in accident- or disaster-prone areas or in toxic environments; affected by HIV/AIDS or who are themselves HIV infected; who are malnourished; looked after by other children; who are themselves carers and heads of households; born to parents who are themselves still under 18; who are unwanted, born prematurely or part of a multiple birth; hospitalized with inadequate supervision or contact with caregivers; or exposed to ICTs without adequate safeguards, supervision or empowerment to protect themselves. Children in emergencies are extremely vulnerable to violence when, as a consequence of social and armed conflicts, natural disasters and other complex and chronic emergencies, social systems collapse, children become separated from their caregivers and caregiving and safe environments are damaged or even destroyed; (h) Resource allocation. Human, financial and technical resources needed across different sectors must be allocated to the maximum extent of available resources. Robust monitoring mechanisms must be developed and implemented to ensure accountability regarding allocation of budgets and their efficient utilization; (i) Coordination mechanisms. Mechanisms must be explicitly outlined to ensure effective coordination at central, regional and local levels, between different sectors and with civil society, including the empirical research community. These mechanisms must be supported by the administrative measures outlined above; (j) Accountability. It must be ensured that States parties, national and local agencies and organizations, and relevant civil society stakeholders proactively and cooperatively establish and apply standards, indicators, tools, and systems of monitoring, measurement and evaluation to fulfil their obligations and commitments to protect children from violence. The Committee has consistently expressed its support for systems of accountability, including in particular through data collection and analysis, indicator construction, monitoring and evaluation as well as support for independent human rights institutions. The Committee recommends that States parties publish an annual report on progress made with regard to the prohibition, prevention and elimination of violence, submit it to parliament for consideration and discussion, and invite all relevant stakeholders to respond to the information contained therein.","labels":["Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities","Persons in street situations","LGBTI+","Persons living with HIV/AIDS","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":25,"text":"See also the Guidelines for the Alternative Care of Children."},{"n":26,"text":"In some societies, in contrast to non-indigenous families, “neglect” as distinct from “abuse” is the primary reason leading to the removal of indigenous children from their families. Non-punitive family support services and interventions directly addressing causes (such as poverty, housing and historical circumstances) are often more appropriate. Specific efforts are required to address discrimination in the provision of services and the range of intervention options available to indigenous and other minority communities."}],"section":["VI. National coordinating framework on violence against children"]},{"id":"crc-c-gc-13-0073","docId":"crc-c-gc-13","idx":73,"n":73,"text":"States parties’ obligations. In the light of States parties’ obligations under articles 4 and 19, inter alia, the Committee considers that resource constraints cannot provide a justification for a State party’s failure to take any, or enough, of the measures that are required for child protection. States parties are therefore urged to adopt comprehensive, strategic and time-bound coordinating frameworks for child caregiving and protection. In particular the Committee highlights the necessity to consult with children in the development of these strategies, frameworks and measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["VII. Resources for implementation and the need for international cooperation"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0074","docId":"crc-c-gc-13","idx":74,"n":74,"text":"Sources of support. Within the context of different starting points highlighted in paragraph 70, and on the understanding that budgets at national and decentralized levels should be the primary source of funds for child caregiving and protection strategies, the Committee draws the attention of States parties to the avenues of international cooperation and assistance outlined in articles 4 and 45 of the Convention. The Committee calls upon the following partners to support, both financially and technically, child protection programmes, including training, which take full account of the requirements stipulated in article 19 and the Convention more broadly:[[fn:27]] States parties providing development cooperation; donor institutions (including the World Bank, private sources and foundations); United Nations agencies and organizations; and other international and regional bodies and organizations. This financial and technical support should be provided systematically through strong and equitable partnerships, at the national and international levels. Child rights-based protection programmes should be one of the main components in assisting sustainable development in countries receiving international assistance. The Committee also encourages such bodies to continue to work with the Committee, the Special Representative of the Secretary-General on Violence against Children and other international and regional human rights mechanisms to advance this goal.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":27,"text":"See general comment No. 5 (paras. 61, 62 and 64) on: the need for the mainstreaming of children’s rights into international cooperation and technical assistance; the need for such cooperation and assistance to be guided by, and to fully promote implementation of, the Convention; the allocation of a substantive part of international aid and assistance specifically to children; and the need for Poverty Reduction Strategy Papers and sector-wide approaches to development to include a strong focus on children’s rights."}],"section":["VII. Resources for implementation and the need for international cooperation"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"45","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0075","docId":"crc-c-gc-13","idx":75,"n":75,"text":"75. Resources needed at the international level. Investment is also needed in the following areas at the international level to assist States parties to fulfil their obligations in relation to article 19: (a) Human resources: improved communication, cooperation and individual exchange within and between professional associations (for example medical, mental health, social work, legal, education, child maltreatment, academic/research, child rights and training organizations/institutions); improved communication and cooperation within and between civil society groups (for example research communities, NGOs, child-led organizations, faith-based organizations, organizations of persons with disabilities, community and youth groups, and individual experts involved in the development and exchange of knowledge and practice); (b) Financial resources: improved coordination, monitoring and evaluation of donor aid; further development of financial and human capital analyses in order for economists, researchers and States parties to fully measure the costs of implementing holistic child protection systems (with an emphasis on primary prevention) versus the costs of managing the direct and indirect (including intergenerational) impact of violence at the individual, community, national and even international levels; and reviews by international financial institutions of “their policies and activities to take account of the impact they may have on children”;[[fn:28]] (c) Technical resources: evidence-based indicators, systems, models (including model legislation), tools, guidelines, protocols and practice standards for use by communities and professionals, with guidance on their adaptation to different contexts; a platform for systematic sharing and accessing of information (knowledge and practice); universally established clarity and transparency in budgeting for child rights and child protection, as well as in outcome monitoring of child protection during up and down cycles of economies and challenging circumstances (technical assistance should be established over time, through information, models and related training).","labels":["Children","Adolescents","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":28,"text":"A/61/299, para. 117."}],"section":["VII. Resources for implementation and the need for international cooperation"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0076","docId":"crc-c-gc-13","idx":76,"n":76,"text":"Regional and international cross-border cooperation. In addition to development assistance, cooperation is also needed to address child protection issues which cut across national borders such as: cross-border movement of children – either unaccompanied or with their families – either voluntarily or under duress (for example due to conflict, famine, natural disasters or epidemics) which can put children at risk of harm; cross-border trafficking of children for labour, sexual exploitation, adoption, removal of body parts or other purposes; conflict which cuts across borders and which may compromise a child’s safety and access to protection systems, even if the child remains in the country of origin; and disasters that impact several countries simultaneously. Specific legislation, policies, programmes and partnerships may be required to protect children affected by cross-border child protection issues (for example cybercrime and extraterritorial prosecution of those who sexually abuse children through travel and tourism and traffickers of families and children), whether these children are in traditional caregiving situations or where the State is the de facto caregiver, as in the case of unaccompanied children. Educational measuresEducational measures","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["VII. Resources for implementation and the need for international cooperation"]},{"id":"crc-c-gc-14-0001","docId":"crc-c-gc-14","idx":1,"n":1,"text":"Article 3, paragraph 1, of the Convention on the Rights of the Child gives the child the right to have his or her best interests assessed and taken into account as a primary consideration in all actions or decisions that concern him or her, both in the public and private sphere. Moreover, it expresses one of the fundamental values of the Convention. The Committee on the Rights of the Child (the Committee) has identified article 3, paragraph 1, as one of the four general principles of the Convention for interpreting and implementing all the rights of the child,[[fn:1]] and applies it is a dynamic concept that requires an assessment appropriate to the specific context.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":1,"text":"The Committee’s general comment No. 5 (2003) on the general measures of implementation of the Convention on the Rights of the Child, para. 12; and No. 12 (2009) on the right of the child to be heard, para. 2."}],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0002","docId":"crc-c-gc-14","idx":2,"n":2,"text":"The concept of the “child's best interests” is not new. Indeed, it pre-dates the Convention and was already enshrined in the 1959 Declaration of the Rights of the Child (para. 2), the Convention on the Elimination of All Forms of Discrimination against Women (arts. 5 (b) and 16, para. 1 (d)), as well as in regional instruments and many national and international laws.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013},{"id":"crc-c-gc-14-0003","docId":"crc-c-gc-14","idx":3,"n":3,"text":"The Convention also explicitly refers to the child's best interests in other articles: article 9: separation from parents; article 10: family reunification; article 18: parental responsibilities; article 20: deprivation of family environment and alternative care; article 21: adoption; article 37(c): separation from adults in detention; article 40, paragraph 2 (b) (iii): procedural guarantees, including presence of parents at court hearings for penal matters involving children in conflict with the law. Reference is also made to the child's best interests in the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (preamble and art. 8) and in the Optional Protocol to the Convention on a communications procedure (preamble and arts. 2 and 3).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"citedArticles":[{"article":"9","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 9 of CRC — separation from parents. Text explicitly labels each article with its subject matter within the Convention."},{"article":"10","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 10 of CRC — family reunification."},{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 18 of CRC — parental responsibilities."},{"article":"20","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 20 of CRC — deprivation of family environment and alternative care."},{"article":"21","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 21 of CRC — adoption."},{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 37(c) of CRC — separation from adults in detention. Explicitly labeled in text."},{"article":"40","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 40, para. 2(b)(iii) of CRC — procedural guarantees for children in conflict with the law."},{"article":"8","treaty":"CRC-OPSC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'in the Optional Protocol to the Convention on the sale of children … (preamble and art. 8)'. This article 8 belongs to CRC-OPSC, not the base CRC. The regex defaulted to CRC but context_before and the sentence make clear this is CRC-OPSC art. 8."}]},{"id":"crc-c-gc-14-0004","docId":"crc-c-gc-14","idx":4,"n":4,"text":"The concept of the child's best interests is aimed at ensuring both the full and effective enjoyment of all the rights recognized in the Convention and the holistic development of the child.[[fn:2]] The Committee has already pointed out[[fn:3]] that “an adult’s judgment of a child’s best interests cannot override the obligation to respect all the child’s rights under the Convention.” It recalls that there is no hierarchy of rights in the Convention; all the rights provided for therein are in the “child's best interests” and no right could be compromised by a negative interpretation of the child's best interests.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":2,"text":"The Committee expects States to interpret development as a “holistic concept, embracing the child´s physical, mental, spiritual, moral, psychological and social development” (general comment No. 5, para. 12)."},{"n":3,"text":"General comment No. 13 (2011) on the right to protection from all forms of violence, para. 61."}]},{"id":"crc-c-gc-14-0005","docId":"crc-c-gc-14","idx":5,"n":5,"text":"The full application of the concept of the child's best interests requires the development of a rights-based approach, engaging all actors, to secure the holistic physical, psychological, moral and spiritual integrity of the child and promote his or her human dignity.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013},{"id":"crc-c-gc-14-0006","docId":"crc-c-gc-14","idx":6,"n":6,"text":"15. The Committee underlines that the child's best interests is a threefold concept: (a) A substantive right: The right of the child to have his or her best interests assessed and taken as a primary consideration when different interests are being considered in order to reach a decision on the issue at stake, and the guarantee that this right will be implemented whenever a decision is to be made concerning a child, a group of identified or unidentified children or children in general. Article 3, paragraph 1, creates an intrinsic obligation for States, is directly applicable (self-executing) and can be invoked before a court. (b) A fundamental, interpretative legal principle: If a legal provision is open to more than one interpretation, the interpretation which most effectively serves the child’s best interests should be chosen. The rights enshrined in the Convention and its Optional Protocols provide the framework for interpretation. (c) A rule of procedure: Whenever a decision is to be made that will affect a specific child, an identified group of children or children in general, the decision-making process must include an evaluation of the possible impact (positive or negative) of the decision on the child or children concerned. Assessing and determining the best interests of the child require procedural guarantees. Furthermore, the justification of a decision must show that the right has been explicitly taken into account. In this regard, States parties shall explain how the right has been respected in the decision, that is, what has been considered to be in the child’s best interests; what criteria it is based on; and how the child’s interests have been weighed against other considerations, be they broad issues of policy or individual cases.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0007","docId":"crc-c-gc-14","idx":7,"n":7,"text":"In the present general comment, the expression “the child’s best interests” or “the best interests of the child” covers the three dimensions developed above.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"]},{"id":"crc-c-gc-14-0008","docId":"crc-c-gc-14","idx":8,"n":8,"text":"The scope of the present general comment is limited to article 3, paragraph 1, of the Convention and does not cover article 3, paragraph 2, which pertains to the well-being of the child, nor article 3, paragraph 3, which concerns the obligation of States parties to ensure that institutions, services and facilities for children comply with the established standards, and that mechanisms are in place to ensure that the standards are respected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0009","docId":"crc-c-gc-14","idx":9,"n":9,"text":"The Committee states the objectives (chapter II) of the present general comment and presents the nature and scope of the obligation of States parties (chapter III). It also provides a legal analysis of article 3, paragraph 1 (chapter IV), showing the links to other general principles of the Convention. Chapter V is dedicated to the implementation, in practice, of the principle of best interests of the child, while chapter VI provides guidelines on disseminating the general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0010","docId":"crc-c-gc-14","idx":10,"n":10,"text":"The present general comment seeks to ensure the application of and respect for the best interests of the child by the States parties to the Convention. It defines the requirements for due consideration, especially in judicial and administrative decisions as well as in other actions concerning the child as an individual, and at all stages of the adoption of laws, policies, strategies, programmes, plans, budgets, legislative and budgetary initiatives and guidelines – that is, all implementation measures – concerning children in general or as a specific group. The Committee expects that this general comment will guide decisions by all those concerned with children, including parents and caregivers.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"]},{"id":"crc-c-gc-14-0011","docId":"crc-c-gc-14","idx":11,"n":11,"text":"The best interests of the child is a dynamic concept that encompasses various issues which are continuously evolving. The present general comment provides a framework for assessing and determining the child’s best interests; it does not attempt to prescribe what is best for the child in any given situation at any point in time.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"]},{"id":"crc-c-gc-14-0012","docId":"crc-c-gc-14","idx":12,"n":12,"text":"The main objective of this general comment is to strengthen the understanding and application of the right of children to have their best interests assessed and taken as a primary consideration or, in some cases, the paramount consideration (see paragraph 38 below). Its overall objective is to promote a real change in attitudes leading to the full respect of children as rights holders. More specifically, this has implications for:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"]},{"id":"crc-c-gc-14-0013","docId":"crc-c-gc-14","idx":13,"n":13,"text":"Each State party must respect and implement the right of the child to have his or her best interests assessed and taken as a primary consideration, and is under the obligation to take all necessary, deliberate and concrete measures for the full implementation of this right.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"]},{"id":"crc-c-gc-14-0014","docId":"crc-c-gc-14","idx":14,"n":14,"text":"Article 3, paragraph 1, establishes a framework with three different types of obligations for States parties:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0015","docId":"crc-c-gc-14","idx":15,"n":15,"text":"To ensure compliance, States parties should undertake a number of implementation measures in accordance with articles 4, 42 and 44, paragraph 6, of the Convention, and ensure that the best interests of the child are a primary consideration in all actions, including:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","B. Structure"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"42","source":"regex"},{"treaty":"CRC","article":"44","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0016","docId":"crc-c-gc-14","idx":16,"n":16,"text":"In giving full effect to the child’s best interests, the following parameters should be borne in mind:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","B. Structure"]},{"id":"crc-c-gc-14-0017","docId":"crc-c-gc-14","idx":17,"n":17,"text":"Article 3, paragraph 1 seeks to ensure that the right is guaranteed in all decisions and actions concerning children. This means that every action relating to a child or children has to take into account their best interests as a primary consideration. The word “action” does not only include decisions, but also all acts, conduct, proposals, services, procedures and other measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Objectives"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0018","docId":"crc-c-gc-14","idx":18,"n":18,"text":"Inaction or failure to take action and omissions are also “actions”, for example, when social welfare authorities fail to take action to protect children from neglect or abuse.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Objectives"]},{"id":"crc-c-gc-14-0019","docId":"crc-c-gc-14","idx":19,"n":19,"text":"The legal duty applies to all decisions and actions that directly or indirectly affect children. Thus, the term “concerning” refers first of all, to measures and decisions directly concerning a child, children as a group or children in general, and secondly, to other measures that have an effect on an individual child, children as a group or children in general, even if they are not the direct targets of the measure. As stated in the Committee’s general comment No. 7 (2005), such actions include those aimed at children (e.g. related to health, care or education), as well as actions which include children and other population groups (e.g. related to the environment, housing or transport) (para. 13 (b)). Therefore, “concerning” must be understood in a very broad sense.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Objectives"]},{"id":"crc-c-gc-14-0020","docId":"crc-c-gc-14","idx":20,"n":20,"text":"Indeed, all actions taken by a State affect children in one way or another. This does not mean that every action taken by the State needs to incorporate a full and formal process of assessing and determining the best interests o the child. However, where a decision will have a major impact on a child or children, a greater level of protection and detailed procedures to consider their best interests is appropriate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Nature and scope of the obligations of States parties"]},{"id":"crc-c-gc-14-0021","docId":"crc-c-gc-14","idx":21,"n":21,"text":"The term “children” refers to all persons under the age of 18 within the jurisdiction of a State party, without discrimination of any kind, in line with articles 1 and 2 of the Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Nature and scope of the obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-14-0022","docId":"crc-c-gc-14","idx":22,"n":22,"text":"Article 3, paragraph 1, applies to children as individuals and places an obligation on States parties to assess and take the child’s best interests as a primary consideration in individual decisions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Nature and scope of the obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0023","docId":"crc-c-gc-14","idx":23,"n":23,"text":"However, the term “children” implies that the right to have their best interests duly considered applies to children not only as individuals, but also in general or as a group. Accordingly, States have the obligation to assess and take as a primary consideration the best interests of children as a group or in general in all actions concerning them. This is particularly evident for all implementation measures. The Committee[[fn:4]] underlines that the child's best interests is conceived both as a collective and individual right, and that the application of this right to indigenous children as a group requires consideration of how the right relates to collective cultural rights.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":4,"text":"General comment No.11 (2009) on indigenous children and their rights under the Convention, para. 30."}],"section":["III. Nature and scope of the obligations of States parties"]},{"id":"crc-c-gc-14-0024","docId":"crc-c-gc-14","idx":24,"n":24,"text":"That is not to say that in a decision concerning an individual child, his or her interests must be understood as being the same as those of children in general. Rather, article 3, paragraph 1, implies that the best interests of a child must be assessed individually. Procedures for establishing the best interests of children individually and as a group can be found in chapter V below.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Nature and scope of the obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0025","docId":"crc-c-gc-14","idx":25,"n":25,"text":"The obligation of the States to duly consider the child's best interests is a comprehensive obligation encompassing all public and private social welfare institutions, courts of law, administrative authorities and legislative bodies involving or concerning children. Although parents are not explicitly mentioned in article 3, paragraph 1, the best interests of the child “will be their basic concern” (art. 18, para. 1).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(a)“in all actions”"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-14-0026","docId":"crc-c-gc-14","idx":26,"n":26,"text":"These terms should not be narrowly construed or limited to social institutions stricto sensu, but should be understood to mean all institutions whose work and decisions impact on children and the realization of their rights. Such institutions include not only those related to economic, social and cultural rights (e.g. care, health, environment, education, business, leisure and play, etc.), but also institutions dealing with civil rights and freedoms (e.g. birth registration, protection against violence in all settings, etc.). Private social welfare institutions include private sector organizations – either for-profit or non-profit – which play a role in the provision of services that are critical to children’s enjoyment of their rights, and which act on behalf of or alongside Government services as an alternative.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(a)“in all actions”"]},{"id":"crc-c-gc-14-0027","docId":"crc-c-gc-14","idx":27,"n":27,"text":"The Committee underlines that “courts” refer to all judicial proceedings, in all instances – whether staffed by professional judges or lay persons – and all relevant procedures concerning children, without restriction. This includes conciliation, mediation and arbitration processes.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“concerning”"]},{"id":"crc-c-gc-14-0028","docId":"crc-c-gc-14","idx":28,"n":28,"text":"In criminal cases, the best interests principle applies to children in conflict (i.e. alleged, accused or recognized as having infringed) or in contact (as victims or witnesses) with the law, as well as children affected by the situation of their parents in conflict with the law. The Committee[[fn:5]] underlines that protecting the child's best interests means that the traditional objectives of criminal justice, such as repression or retribution, must give way to rehabilitation and restorative justice objectives, when dealing with child offenders.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":5,"text":"General comment No. 10 (2007) on children’s rights in juvenile justice, para. 10."}],"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“concerning”"]},{"id":"crc-c-gc-14-0029","docId":"crc-c-gc-14","idx":29,"n":29,"text":"In civil cases, the child may be defending his or her interests directly or through a representative, in the case of paternity, child abuse or neglect, family reunification, accommodation, etc. The child may be affected by the trial, for example in procedures concerning adoption or divorce, decisions regarding custody, residence, contact or other issues which have an important impact on the life and development of the child, as well as child abuse or neglect proceedings. The courts must provide for the best interests of the child to be considered in all such situations and decisions, whether of a procedural or substantive nature, and must demonstrate that they have effectively done so.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“concerning”"]},{"id":"crc-c-gc-14-0030","docId":"crc-c-gc-14","idx":30,"n":30,"text":"The Committee emphasizes that the scope of decisions made by administrative authorities at all levels is very broad, covering decisions concerning education, care, health, the environment, living conditions, protection, asylum, immigration, access to nationality, among others. Individual decisions taken by administrative authorities in these areas must be assessed and guided by the best interests of the child, as for all implementation measures.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(c)“children”"]},{"id":"crc-c-gc-14-0031","docId":"crc-c-gc-14","idx":31,"n":31,"text":"The extension of States parties’ obligation to their “legislative bodies” shows clearly that article 3, paragraph 1, relates to children in general, not only to children as individuals. The adoption of any law or regulation as well as collective agreements – such as bilateral or multilateral trade or peace treaties which affect children – should be governed by the best interests of the child. The right of the child to have his or her best interests assessed and taken as a primary consideration should be explicitly included in all relevant legislation, not only in laws that specifically concern children. This obligation extends also to the approval of budgets, the preparation and development of which require the adoption of a best-interests-of-the-child perspective for it to be child-rights sensitive.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(c)“children”"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0032","docId":"crc-c-gc-14","idx":32,"n":32,"text":"The concept of the child's best interests is complex and its content must be determined on a case-by-case basis. It is through the interpretation and implementation of article 3, paragraph 1, in line with the other provisions of the Convention, that the legislator, judge, administrative, social or educational authority will be able to clarify the concept and make concrete use thereof. Accordingly, the concept of the child’s best interests is flexible and adaptable. It should be adjusted and defined on an individual basis, according to the specific situation of the child or children concerned, taking into consideration their personal context, situation and needs. For individual decisions, the child's best interests must be assessed and determined in light of the specific circumstances of the particular child. For collective decisions – such as by the legislator –, the best interests of children in general must be assessed and determined in light of the circumstances of the particular group and/or children in general. In both cases, assessment and determination should be carried out with full respect for the rights contained in the Convention and its Optional Protocols.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(c)“children”"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0033","docId":"crc-c-gc-14","idx":33,"n":33,"text":"The child's best interests shall be applied to all matters concerning the child or children, and taken into account to resolve any possible conflicts among the rights enshrined in the Convention or other human rights treaties. Attention must be placed on identifying possible solutions which are in the child's best interests. This implies that States are under the obligation to clarify the best interests of all children, including those in vulnerable situations, when adopting implementation measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(c)“children”"]},{"id":"crc-c-gc-14-0034","docId":"crc-c-gc-14","idx":34,"n":34,"text":"The flexibility of the concept of the child’s best interests allows it to be responsive to the situation of individual children and to evolve knowledge about child development. However, it may also leave room for manipulation; the concept of the child’s best interests has been abused by Governments and other State authorities to justify racist policies, for example; by parents to defend their own interests in custody disputes; by professionals who could not be bothered, and who dismiss the assessment of the child’s best interests as irrelevant or unimportant.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","2.“By public or private social welfare institutions, courts of law, administrative authorities or legislative bodies”"]},{"id":"crc-c-gc-14-0035","docId":"crc-c-gc-14","idx":35,"n":35,"text":"With regard to implementation measures, ensuring that the best interests of the child are a primary consideration in legislation and policy development and delivery at all levels of Government demands a continuous process of child rights impact assessment (CRIA) to predict the impact of any proposed law, policy or budgetary allocation on children and the enjoyment of their rights, and child rights impact evaluation to evaluate [[fn:6]]the actual impact of implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":6,"text":"General comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child, para. 45."}],"section":["IV. Legal analysis and links with the general principles of the Convention","(a)“public or private social welfare institutions”"]},{"id":"crc-c-gc-14-0036","docId":"crc-c-gc-14","idx":36,"n":36,"text":"The best interests of a child shall be a primary consideration in the adoption of all measures of implementation. The words “shall be” place a strong legal obligation on States and mean that States may not exercise discretion as to whether children’s best interests are to be assessed and ascribed the proper weight as a primary consideration in any action undertaken.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“courts of law”"]},{"id":"crc-c-gc-14-0037","docId":"crc-c-gc-14","idx":37,"n":37,"text":"The expression “primary consideration” means that the child’s best interests may not be considered on the same level as all other considerations. This strong position is justified by the special situation of the child: dependency, maturity, legal status and, often, voicelessness. Children have less possibility than adults to make a strong case for their own interests and those involved in decisions affecting them must be explicitly aware of their interests. If the interests of children are not highlighted, they tend to be overlooked.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“courts of law”"]},{"id":"crc-c-gc-14-0038","docId":"crc-c-gc-14","idx":38,"n":38,"text":"In respect of adoption (art. 21), the right of best interests is further strengthened; it is not simply to be “a primary consideration” but “the paramount consideration”. Indeed, the best interests of the child are to be the determining factor when taking a decision on adoption, but also on other issues.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“courts of law”"],"citedArticles":[{"treaty":"CRC","article":"21","source":"regex"}]},{"id":"crc-c-gc-14-0039","docId":"crc-c-gc-14","idx":39,"n":39,"text":"However, since article 3, paragraph 1, covers a wide range of situations, the Committee recognizes the need for a degree of flexibility in its application. The best interests of the child – once assessed and determined – might conflict with other interests or rights (e.g. of other children, the public, parents, etc.). Potential conflicts between the best interests of a child, considered individually, and those of a group of children or children in general have to be resolved on a case-by-case basis, carefully balancing the interests of all parties and finding a suitable compromise. The same must be done if the rights of other persons are in conflict with the child’s best interests. If harmonization is not possible, authorities and decision-makers will have to analyse and weigh the rights of all those concerned, bearing in mind that the right of the child to have his or her best interests taken as a primary consideration means that the child's interests have high priority and not just one of several considerations. Therefore, a larger weight must be attached to what serves the child best.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(c)“administrative authorities”"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0040","docId":"crc-c-gc-14","idx":40,"n":40,"text":"Viewing the best interests of the child as “primary” requires a consciousness about the place that children’s interests must occupy in all actions and a willingness to give priority to those interests in all circumstances, but especially when an action has an undeniable impact on the children concerned.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(d)“legislative bodies”"]},{"id":"crc-c-gc-14-0041","docId":"crc-c-gc-14","idx":41,"n":41,"text":"The right to non-discrimination is not a passive obligation, prohibiting all forms of discrimination in the enjoyment of rights under the Convention, but also requires appropriate proactive measures taken by the State to ensure effective equal opportunities for all children to enjoy the rights under the Convention. This may require positive measures aimed at redressing a situation of real inequality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","3.“The best interests of the child”"]},{"id":"crc-c-gc-14-0042","docId":"crc-c-gc-14","idx":42,"n":42,"text":"States must create an environment that respects human dignity and ensures the holistic development of every child. In the assessment and determination of the child’s best interests, the State must ensure full respect for his or her inherent right to life, survival and development.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","3.“The best interests of the child”"]},{"id":"crc-c-gc-14-0043","docId":"crc-c-gc-14","idx":43,"n":43,"text":"Assessment of a child’s best interests must include respect for the child’s right to express his or her views freely and due weight given to said views in all matters affecting the child. This is clearly set out in the Committee’s general comment No. 12 which also highlights the inextricable links between articles 3, paragraph 1, and 12. The two articles have complementary roles: the first aims to realize the child’s best interests, and the second provides the methodology for hearing the views of the child or children and their inclusion in all matters affecting the child, including the assessment of his or her best interests. Article 3, paragraph 1, cannot be correctly applied if the requirements of article 12 are not met. Similarly, article 3, paragraph 1, reinforces the functionality of article 12, by facilitating the essential role of children in all decisions affecting their lives .[[fn:7]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":7,"text":"General comment No. 12, paras. 70-74."}],"section":["IV. Legal analysis and links with the general principles of the Convention","3.“The best interests of the child”"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-14-0044","docId":"crc-c-gc-14","idx":44,"n":44,"text":"The evolving capacities of the child (art. 5) must be taken into consideration when the child's best interests and right to be heard are at stake. The Committee has already established that the more the child knows, has experienced and understands, the more the parent, legal guardian or other persons legally responsible for him or her have to transform direction and guidance into reminders and advice, and later to an exchange on an equal footing.[[fn:8]] Similarly, as the child matures, his or her views shall have increasing weight in the assessment of his or her best interests. Babies and very young children have the same rights as all children to have their best interests assessed, even if they cannot express their views or represent themselves in the same way as older children. States must ensure appropriate arrangements, including representation, when appropriate, for the assessment of their best interests; the same applies for children who are not able or willing to express a view.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":8,"text":"Ibid., para. 84."}],"section":["IV. Legal analysis and links with the general principles of the Convention","3.“The best interests of the child”"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-14-0045","docId":"crc-c-gc-14","idx":45,"n":45,"text":"The Committee recalls that article 12, paragraph 2, of the Convention provides for the right of the child to be heard, either directly or through a representative, in any judicial or administrative proceeding affecting him or her (see further chapter V.B below).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","4.“Shall be a primary consideration”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-14-0046","docId":"crc-c-gc-14","idx":46,"n":46,"text":"As stated earlier, the “best interests of the child” is a right, a principle and a rule of procedure based on an assessment of all elements of a child’s or children’s interests in a specific situation. When assessing and determining the best interests of the child in order to make a decision on a specific measure, the following steps should be followed:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","4.“Shall be a primary consideration”"]},{"id":"crc-c-gc-14-0047","docId":"crc-c-gc-14","idx":47,"n":47,"text":"Assessment and determination of the child’s best interests are two steps to be followed when required to make a decision. The “best-interests assessment” consists in evaluating and balancing all the elements necessary to make a decision in a specific situation for a specific individual child or group of children. It is carried out by the decision-maker and his or her staff – if possible a multidisciplinary team –, and requires the participation of the child. The “best-interests determination” describes the formal process with strict procedural safeguards designed to determine the child's best interests on the basis of the best-interests assessment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","4.“Shall be a primary consideration”"]},{"id":"crc-c-gc-14-0048","docId":"crc-c-gc-14","idx":48,"n":48,"text":"Assessing the child’s best interests is a unique activity that should be undertaken in each individual case, in the light of the specific circumstances of each child or group of children or children in general. These circumstances relate to the individual characteristics of the child or children concerned, such as, inter alia, age, sex, level of maturity, experience, belonging to a minority group, having a physical, sensory or intellectual disability, as well as the social and cultural context in which the child or children find themselves, such as the presence or absence of parents, whether the child lives with them, quality of the relationships between the child and his or her family or caregivers, the environment in relation to safety, the existence of quality alternative means available to the family, extended family or caregivers, etc.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","4.“Shall be a primary consideration”"]},{"id":"crc-c-gc-14-0049","docId":"crc-c-gc-14","idx":49,"n":49,"text":"Determining what is in the best interests of the child should start with an assessment of the specific circumstances that make the child unique. This implies that some elements will be used and others will not, and also influences how they will be weighted against each other. For children in general, assessing best interests involves the same elements.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","4.“Shall be a primary consideration”"]},{"id":"crc-c-gc-14-0050","docId":"crc-c-gc-14","idx":50,"n":50,"text":"The Committee considers it useful to draw up a non-exhaustive and non-hierarchical list of elements that could be included in a best-interests assessment by any decision-maker having to determine a child's best interests. The non-exhaustive nature of the elements in the list implies that it is possible to go beyond those and consider other factors relevant in the specific circumstances of the individual child or group of children. All the elements of the list must be taken into consideration and balanced in light of each situation. The list should provide concrete guidance, yet flexibility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","1.The child’s best interests and the right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-14-0051","docId":"crc-c-gc-14","idx":51,"n":51,"text":"Drawing up such a list of elements would provide guidance for the State or decision-maker in regulating specific areas affecting children, such as family, adoption and juvenile justice laws, and if necessary, other elements deemed appropriate in accordance with its legal tradition may be added. The Committee would like to point out that, when adding elements to the list, the ultimate purpose of the child's best interests should be to ensure the full and effective enjoyment of the rights recognized in the Convention and the holistic development of the child. Consequently, elements that are contrary to the rights enshrined in the Convention or that would have an effect contrary to the rights under the Convention cannot be considered as valid in assessing what is best for a child or children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","2.The child’s best interests and the right to life, survival and development (art. 6)"]},{"id":"crc-c-gc-14-0052","docId":"crc-c-gc-14","idx":52,"n":52,"text":"Based on these preliminary considerations, the Committee considers that the elements to be taken into account when assessing and determining the child’s best interests, as relevant to the situation in question, are as follows:","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","3.The child’s best interests and the right to be heard (art. 12)"]},{"id":"crc-c-gc-14-0053","docId":"crc-c-gc-14","idx":53,"n":53,"text":"Article 12 of the Convention provides for the right of children to express their views in every decision that affects them. Any decision that does not take into account the child’s views or does not give their views due weight according to their age and maturity, does not respect the possibility for the child or children to influence the determination of their best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","3.The child’s best interests and the right to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-14-0054","docId":"crc-c-gc-14","idx":54,"n":54,"text":"The fact that the child is very young or in a vulnerable situation (e.g. has a disability, belongs to a minority group, is a migrant, etc.) does not deprive him or her of the right to express his or her views, nor reduces the weight given to the child’s views in determining his or her best interests. The adoption of specific measures to guarantee the exercise of equal rights for children in such situations must be subject to an individual assessment which assures a role to the children themselves in the decision-making process, and the provision of reasonable[[fn:9]] accommodation and support, where necessary, to ensure their full participation in the assessment of their best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":9,"text":"See Convention on the Rights of Persons with Disabilities, art. 2: \"Reasonable accommodation\" means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure […] the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms."}],"section":["IV. Legal analysis and links with the general principles of the Convention","3.The child’s best interests and the right to be heard (art. 12)"]},{"id":"crc-c-gc-14-0055","docId":"crc-c-gc-14","idx":55,"n":55,"text":"Children are not a homogeneous group and therefore diversity must be taken into account when assessing their best interests. The identity of the child includes characteristics such as sex, sexual orientation, national origin, religion and beliefs, cultural identity, personality. Although children and young people share basic universal needs, the expression of those needs depends on a wide range of personal, physical, social and cultural aspects, including their evolving capacities. The right of the child to preserve his or her identity is guaranteed by the Convention (art. 8) and must be respected and taken into consideration in the assessment of the child's best interests.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests"],"citedArticles":[{"treaty":"CRC","article":"8","source":"regex"}]},{"id":"crc-c-gc-14-0056","docId":"crc-c-gc-14","idx":56,"n":56,"text":"Regarding religious and cultural identity, for example, when considering a foster home or placement for a child, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background (art. 20, para. 3), and the decision-maker must take into consideration this specific context when assessing and determining the child's best interests. The same applies in cases of adoption, separation from or divorce of parents. Due consideration of the child's best interests implies that children have access to the culture (and language, if possible) of their country and family of origin, and the opportunity to access information about their biological family, in accordance with the legal and professional regulations of the given country (see art. 9, para. 4).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests"],"citedArticles":[{"treaty":"CRC","article":"20","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-14-0057","docId":"crc-c-gc-14","idx":57,"n":57,"text":"Although preservation of religious and cultural values and traditions as part of the identity of the child must be taken into consideration, practices that are inconsistent or incompatible with the rights established in the Convention are not in the child's best interests. Cultural identity cannot excuse or justify the perpetuation by decision-makers and authorities of traditions and cultural values that deny the child or children the rights guaranteed by the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","A. Best interests a ssessment and determination"]},{"id":"crc-c-gc-14-0058","docId":"crc-c-gc-14","idx":58,"n":58,"text":"The Committee recalls that it is indispensable to carry out the assessment and determination of the child’s best interests in the context of potential separation of a child from his or her parents (arts. 9, 18 and 20). It also underscores that the elements mentioned above are concrete rights and not only elements in the determination of the best interests of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","A. Best interests a ssessment and determination"]},{"id":"crc-c-gc-14-0059","docId":"crc-c-gc-14","idx":59,"n":59,"text":"The family is the fundamental unit of society and the natural environment for the growth and well-being of its members, particularly children (preamble of the Convention). The right of the child to family life is protected under the Convention (art. 16). The term “family” must be interpreted in a broad sense to include biological, adoptive or foster parents or, where applicable, the members of the extended family or community as provided for by local custom (art. 5).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","A. Best interests a ssessment and determination"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-14-0060","docId":"crc-c-gc-14","idx":60,"n":60,"text":"Preventing family separation and preserving family unity are important components of the child protection system, and are based on the right provided for in article 9, paragraph 1, which requires “that a child shall not be separated from his or her parents against their will, except when […] such separation is necessary for the best interests of the child”. Furthermore, the child who is separated from one or both parents is entitled “to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests” (art. 9, para. 3). This also extends to any person holding custody rights, legal or customary primary caregivers, foster parents and persons with whom the child has a strong personal relationship.","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","A. Best interests a ssessment and determination"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-14-0061","docId":"crc-c-gc-14","idx":61,"n":61,"text":"Given the gravity of the impact on the child of separation from his or her parents, such separation should only occur as a last resort measure, as when the child is in danger of experiencing imminent harm or when otherwise necessary; separation should not take place if less intrusive measures could protect the child. Before resorting to separation, the State should provide support to the parents in assuming their parental responsibilities, and restore or enhance the family’s capacity to take care of the child, unless separation is necessary to protect the child. Economic reasons cannot be a justification for separating a child from his or her parents.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","1.Elements to be taken into account when assessing the child's best interests"]},{"id":"crc-c-gc-14-0062","docId":"crc-c-gc-14","idx":62,"n":62,"text":"The Guidelines for the Alternative Care of Children[[fn:10]] aims to ensure that children are not placed in alternative care unnecessarily; and that where alternative care is provided, it is delivered under appropriate conditions responding to the rights and best interests of the child. In particular, “financial and material poverty, or conditions directly and uniquely imputable to such poverty, should never be the only justification for the removal of a child from parental care [...] but should be seen as a signal for the need to provide appropriate support to the family” (para. 15).","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":10,"text":"General Assembly resolution 64/142, annex."}],"section":["V. Implementation: assessing and determining the child’s best interests","(a)The child's views"]},{"id":"crc-c-gc-14-0063","docId":"crc-c-gc-14","idx":63,"n":63,"text":"Likewise, a child may not be separated from his or her parents on the grounds of a disability of either the child or his or her parents.[[fn:11]] Separation may be considered only in cases where the necessary assistance to the family to preserve the family unit is not effective enough to avoid a risk of neglect or abandonment of the child or a risk to the child’s safety.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":11,"text":"Convention on the Rights of Persons with Disabilities, art. 23, para. 4."}],"section":["V. Implementation: assessing and determining the child’s best interests","(a)The child's views"]},{"id":"crc-c-gc-14-0064","docId":"crc-c-gc-14","idx":64,"n":64,"text":"In case of separation, the State must guarantee that the situation of the child and his or her family has been assessed, where possible, by a multidisciplinary team of well-trained professionals with appropriate judicial involvement, in conformity with article 9 of the Convention, ensuring that no other option can fulfil the child’s best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(b)The child's identity"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-14-0065","docId":"crc-c-gc-14","idx":65,"n":65,"text":"When separation becomes necessary, the decision-makers shall ensure that the child maintains the linkages and relations with his or her parents and family (siblings, relatives and persons with whom the child has had strong personal relationships) unless this is contrary to the child’s best interests. The quality of the relationships and the need to retain them must be taken into consideration in decisions on the frequency and length of visits and other contact when a child is placed outside the family.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(b)The child's identity"]},{"id":"crc-c-gc-14-0066","docId":"crc-c-gc-14","idx":66,"n":66,"text":"When the child’s relations with his or her parents are interrupted by migration (of the parents without the child, or of the child without his or her parents), preservation of the family unit should be taken into account when assessing the best interests of the child in decisions on family reunification.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(b)The child's identity"]},{"id":"crc-c-gc-14-0067","docId":"crc-c-gc-14","idx":67,"n":67,"text":"The Committee is of the view that shared parental responsibilities are generally in the child's best interests. However, in decisions regarding parental responsibilities, the only criterion shall be what is in the best interests of the particular child. It is contrary to those interests if the law automatically gives parental responsibilities to either or both parents. In assessing the child's best interests, the judge must take into consideration the right of the child to preserve his or her relationship with both parents, together with the other elements relevant to the case.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0068","docId":"crc-c-gc-14","idx":68,"n":68,"text":"The Committee encourages the ratification and implementation of the conventions of the Hague Conference on Private International Law,[[fn:12]] which facilitate the application of the child's best interests and provide guarantees for its implementation in the event that the parents live in different countries.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":12,"text":"These include No. 28 on the Civil Aspects of International Child Abduction, 1980; No. 33 on Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993; No. 23 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, 1973; No. 24 on the Law Applicable to Maintenance Obligations, 1973."}],"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0069","docId":"crc-c-gc-14","idx":69,"n":69,"text":"In cases where the parents or other primary caregivers commit an offence, alternatives to detention should be made available and applied on a case-by-case basis, with full consideration of the likely impacts of different sentences on the best interests of the affected child or children.[[fn:13]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":13,"text":"See recommendations of the Day of general discussion on children of incarcerated parents (2011)."}],"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0070","docId":"crc-c-gc-14","idx":70,"n":70,"text":"Preservation of the family environment encompasses the preservation of the ties of the child in a wider sense. These ties apply to the extended family, such as grandparents, uncles/aunts as well friends, school and the wider environment and are particularly relevant in cases where parents are separated and live in different places.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0071","docId":"crc-c-gc-14","idx":71,"n":71,"text":"When assessing and determining the best interests of a child or children in general, the obligation of the State to ensure the child such protection and care as is necessary for his or her well-being (art. 3, para. 2) should be taken into consideration. The terms “protection and care” must also be read in a broad sense, since their objective is not stated in limited or negative terms (such as “to protect the child from harm”), but rather in relation to the comprehensive ideal of ensuring the child’s “well-being” and development. Children’s well-being, in a broad sense includes their basic material, physical, educational, and emotional needs, as well as needs for affection and safety.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0072","docId":"crc-c-gc-14","idx":72,"n":72,"text":"Emotional care is a basic need of children; if parents or other primary caregivers do not fulfil the child’s emotional needs, action must be taken so that the child develops a secure attachment. Children need to form an attachment to a caregiver at a very early age, and such attachment, if adequate, must be sustained over time in order to provide the child with a stable environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0073","docId":"crc-c-gc-14","idx":73,"n":73,"text":"Assessment of the child's best interests must also include consideration of the child’s safety, that is, the right of the child to protection against all forms of physical or mental violence, injury or abuse (art. 19), sexual harassment, peer pressure, bullying, degrading treatment, etc.[[fn:14]], as well as protection against sexual, economic and other exploitation, drugs, labour, armed conflict, etc.(arts. 32-39).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":14,"text":"General comment No. 13 (2011) on the right of the child to freedom from all forms of violence."}],"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-14-0074","docId":"crc-c-gc-14","idx":74,"n":74,"text":"Applying a best-interests approach to decision-making means assessing the safety and integrity of the child at the current time; however, the precautionary principle also requires assessing the possibility of future risk and harm and other consequences of the decision for the child’s safety.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0075","docId":"crc-c-gc-14","idx":75,"n":75,"text":"An important element to consider is the child’s situation of vulnerability, such as disability, belonging to a minority group, being a refugee or asylum seeker, victim of abuse, living in a street situation, etc. The purpose of determining the best interests of a child or children in a vulnerable situation should not only be in relation to the full enjoyment of all the rights provided for in the Convention, but also with regard to other human rights norms related to these specific situations, such as those covered in the Convention on the Rights of Persons with Disabilities, the Convention relating to the Status of Refugees, among others.","labels":["Refugees & asylum-seekers","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0076","docId":"crc-c-gc-14","idx":76,"n":76,"text":"The best interests of a child in a specific situation of vulnerability will not be the same as those of all the children in the same vulnerable situation. Authorities and decision-makers need to take into account the different kinds and degrees of vulnerability of each child, as each child is unique and each situation must be assessed according to the child’s uniqueness. An individualized assessment of each child’s history from birth should be carried out, with regular reviews by a multidisciplinary team and recommended reasonable accommodation throughout the child’s development process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0077","docId":"crc-c-gc-14","idx":77,"n":77,"text":"The child’s right to health (art. 24) and his or her health condition are central in assessing the child’s best interest. However, if there is more than one possible treatment for a health condition or if the outcome of a treatment is uncertain, the advantages of all possible treatments must be weighed against all possible risks and side effects, and the views of the child must also be given due weight based on his or her age and maturity. In this respect, children should be provided with adequate and appropriate information in order to understand the situation and all the relevant aspects in relation to their interests, and be allowed, when possible, to give their consent in an informed manner.[[fn:15]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":15,"text":"General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24), para. 31."}],"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-14-0078","docId":"crc-c-gc-14","idx":78,"n":78,"text":"For example, as regards adolescent health, the Committee[[fn:16]] has stated that States parties have the obligation to ensure that all adolescents, both in and out of school, have access to adequate information that is essential for their health and development in order to make appropriate health behaviour choices. This should include information on use and abuse of tobacco, alcohol and other substances, diet, appropriate sexual and reproductive information, dangers of early pregnancy, prevention of HIV/AIDS and of sexually transmitted diseases. Adolescents with a psycho-social disorder have the right to be treated and cared for in the community in which he or she lives, to the extent possible. Where hospitalization or placement in a residential institution is necessary, the best interests of the child must be assessed prior to taking a decision and with respect for the child’s views; the same considerations are valid for younger children. The health of the child and possibilities for treatment may also be part of a best-interests assessment and determination with regard to other types of significant decisions (e.g. granting a residence permit on humanitarian grounds).","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":16,"text":"General comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child."}],"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0079","docId":"crc-c-gc-14","idx":79,"n":79,"text":"It is in the best interests of the child to have access to quality education, including early childhood education, non-formal or informal education and related activities, free of charge. All decisions on measures and actions concerning a specific child or a group of children must respect the best interests of the child or children, with regard to education. In order to promote education, or better quality education, for more children, States parties need to have well-trained teachers and other professionals working in different education-related settings, as well as a child-friendly environment and appropriate teaching and learning methods, taking into consideration that education is not only an investment in the future, but also an opportunity for joyful activities, respect, participation and fulfilment of ambitions. Responding to this requirement and enhancing children’s responsibilities to overcome the limitations of their vulnerability of any kind, will be in their best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0080","docId":"crc-c-gc-14","idx":80,"n":80,"text":"It should be emphasized that the basic best-interests assessment is a general assessment of all relevant elements of the child’s best interests, the weight of each element depending on the others. Not all the elements will be relevant to every case, and different elements can be used in different ways in different cases. The content of each element will necessarily vary from child to child and from case to case, depending on the type of decision and the concrete circumstances, as will the importance of each element in the overall assessment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(d)Care, protection and safety of the child"]},{"id":"crc-c-gc-14-0081","docId":"crc-c-gc-14","idx":81,"n":81,"text":"The elements in the best-interests assessment may be in conflict when considering a specific case and its circumstances. For example, preservation of the family environment may conflict with the need to protect the child from the risk of violence or abuse by parents. In such situations, the elements will have to be weighted against each other in order to find the solution that is in the best interests of the child or children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(d)Care, protection and safety of the child"]},{"id":"crc-c-gc-14-0082","docId":"crc-c-gc-14","idx":82,"n":82,"text":"In weighing the various elements, one needs to bear in mind that the purpose of assessing and determining the best interests of the child is to ensure the full and effective enjoyment of the rights recognized in the Convention and its Optional Protocols, and the holistic development of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(d)Care, protection and safety of the child"]},{"id":"crc-c-gc-14-0083","docId":"crc-c-gc-14","idx":83,"n":83,"text":"There might be situations where \"protection\" factors affecting a child (e.g. which may imply limitation or restriction of rights) need to be assessed in relation to measures of \"empowerment\" (which implies full exercise of rights without restriction). In such situations, the age and maturity of the child should guide the balancing of the elements. The physical, emotional, cognitive and social development of the child should be taken into account to assess the level of maturity of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(d)Care, protection and safety of the child"]},{"id":"crc-c-gc-14-0084","docId":"crc-c-gc-14","idx":84,"n":84,"text":"In the best-interests assessment, one has to consider that the capacities of the child will evolve. Decision-makers should therefore consider measures that can be revised or adjusted accordingly, instead of making definitive and irreversible decisions. To do this, they should not only assess the physical, emotional, educational and other needs at the specific moment of the decision, but should also consider the possible scenarios of the child’s development, and analyse them in the short and long term. In this context, decisions should assess continuity and stability of the child’s present and future situation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(e)Situation of vulnerability"]},{"id":"crc-c-gc-14-0085","docId":"crc-c-gc-14","idx":85,"n":85,"text":"To ensure the correct implementation of the child’s right to have his or her best interests taken as a primary consideration, some child-friendly procedural safeguards must be put in place and followed. As such, the concept of the child's best interests is a rule of procedure (see para. 6 (b) above).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(e)Situation of vulnerability"]},{"id":"crc-c-gc-14-0086","docId":"crc-c-gc-14","idx":86,"n":86,"text":"While public authorities and organizations making decisions that concern children must act in conformity with the obligation to assess and determine the child's best interests, people who make decisions concerning children on a daily basis (e.g. parents, guardians, teachers, etc.) are not expected to follow strictly this two-step procedure, even though decisions made in everyday life must also respect and reflect the child’s best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(f)The child’s right to health"]},{"id":"crc-c-gc-14-0087","docId":"crc-c-gc-14","idx":87,"n":87,"text":"States must put in place formal processes, with strict procedural safeguards, designed to assess and determine the child’s best interests for decisions affecting the child, including mechanisms for evaluating the results. States must develop transparent and objective processes for all decisions made by legislators, judges or administrative authorities, especially in areas which directly affect the child or children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(f)The child’s right to health"]},{"id":"crc-c-gc-14-0088","docId":"crc-c-gc-14","idx":88,"n":88,"text":"The Committee invites States and all persons who are in a position to assess and determine the child’s best interests to pay special attention to the following safeguards and guarantees:","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(g)The child’s right to education"]},{"id":"crc-c-gc-14-0089","docId":"crc-c-gc-14","idx":89,"n":89,"text":"A vital element of the process is communicating with children to facilitate meaningful child participation and identify their best interests. Such communication should include informing children about the process and possible sustainable solutions and services, as well as collecting information from children and seeking their views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","2.Balancing the elements in the best-interests assessment"]},{"id":"crc-c-gc-14-0090","docId":"crc-c-gc-14","idx":90,"n":90,"text":"Where the child wishes to express his or her views and where this right is fulfilled through a representative, the latter’s obligation is to communicate accurately the views of the child. In situations where the child’s views are in conflict with those of his or her representative, a procedure should be established to allow the child to approach an authority to establish a separate representation for the child (e.g. a guardian ad litem), if necessary.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","2.Balancing the elements in the best-interests assessment"]},{"id":"crc-c-gc-14-0091","docId":"crc-c-gc-14","idx":91,"n":91,"text":"The procedure for assessing and determining the best interests of children as a group is, to some extent, different from that regarding an individual child. When the interests of a large number of children are at stake, Government institutions must find ways to hear the views of a representative sample of children and give due consideration to their opinions when planning measures or making legislative decisions which directly or indirectly concern the group, in order to ensure that all categories of children are covered. There are many examples of how to do this, including children’s hearings, children’s parliaments, children-led organizations, children's unions or other representative bodies, discussions at school, social networking websites, etc.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","2.Balancing the elements in the best-interests assessment"]},{"id":"crc-c-gc-14-0092","docId":"crc-c-gc-14","idx":92,"n":92,"text":"Facts and information relevant to a particular case must be obtained by well-trained professionals in order to draw up all the elements necessary for the best-interests assessment. This could involve interviewing persons close to the child, other people who are in contact with the child on a daily basis, witnesses to certain incidents, among others. Information and data gathered must be verified and analysed prior to being used in the child’s or children’s best-interests assessment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","2.Balancing the elements in the best-interests assessment"]},{"id":"crc-c-gc-14-0093","docId":"crc-c-gc-14","idx":93,"n":93,"text":"The passing of time is not perceived in the same way by children and adults. Delays in or prolonged decision-making have particularly adverse effects on children as they evolve. It is therefore advisable that procedures or processes regarding or impacting children be prioritized and completed in the shortest time possible. The timing of the decision should, as far as possible, correspond to the child’s perception of how it can benefit him or her, and the decisions taken should be reviewed at reasonable intervals as the child develops and his or her capacity to express his or her views evolves. All decisions on care, treatment, placement and other measures concerning the child must be reviewed periodically in terms of his or her perception of time, and his or her evolving capacities and development (art. 25).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","2.Balancing the elements in the best-interests assessment"],"citedArticles":[{"treaty":"CRC","article":"25","source":"regex"}]},{"id":"crc-c-gc-14-0094","docId":"crc-c-gc-14","idx":94,"n":94,"text":"Children are a diverse group, with each having his or her own characteristics and needs that can only be adequately assessed by professionals who have expertise in matters related to child and adolescent development. This is why the formal assessment process should be carried out in a friendly and safe atmosphere by professionals trained in, inter alia, child psychology, child development and other relevant human and social development fields, who have experience working with children and who will consider the information received in an objective manner. As far as possible, a multidisciplinary team of professionals should be involved in assessing the child's best interests.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","B. Procedural safeguards to guarantee the implementation of thechild’s best interests"]},{"id":"crc-c-gc-14-0095","docId":"crc-c-gc-14","idx":95,"n":95,"text":"The assessment of the consequences of alternative solutions must be based on general knowledge (i.e. in the areas of law, sociology, education, social work, psychology, health, etc.) of the likely consequences of each possible solution for the child, given his or her individual characteristics and past experience.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","B. Procedural safeguards to guarantee the implementation of thechild’s best interests"]},{"id":"crc-c-gc-14-0096","docId":"crc-c-gc-14","idx":96,"n":96,"text":"The child will need appropriate legal representation when his or her best interests are to be formally assessed and determined by courts and equivalent bodies.. In particular, in cases where a child is referred to an administrative or judicial procedure involving the determination of his or her best interests, he or she should be provided with a legal representative, in addition to a guardian or representative of his or her views, when there is a potential conflict between the parties in the decision.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","B. Procedural safeguards to guarantee the implementation of thechild’s best interests"]},{"id":"crc-c-gc-14-0097","docId":"crc-c-gc-14","idx":97,"n":97,"text":"In order to demonstrate that the right of the child to have his or her best interests assessed and taken as a primary consideration has been respected, any decision concerning the child or children must be motivated, justified and explained. The motivation should state explicitly all the factual circumstances regarding the child, what elements have been found relevant in the best-interests assessment, the content of the elements in the individual case, and how they have been weighted to determine the child’s best interests. If the decision differs from the views of the child, the reason for that should be clearly stated. If, exceptionally, the solution chosen is not in the best interests of the child, the grounds for this must be set out in order to show that the child’s best interests were a primary consideration despite the result. It is not sufficient to state in general terms that other considerations override the best interests of the child; all considerations must be explicitly specified in relation to the case at hand, and the reason why they carry greater weight in the particular case must be explained. The reasoning must also demonstrate, in a credible way, why the best interests of the child were not strong enough to be outweigh the other considerations. Account must be taken of those circumstances in which the best interests of the child must be the paramount consideration (see paragraph 38 above).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","B. Procedural safeguards to guarantee the implementation of thechild’s best interests"]},{"id":"crc-c-gc-14-0098","docId":"crc-c-gc-14","idx":98,"n":98,"text":"States should establish mechanisms within their legal systems to appeal or revise decisions concerning children when a decision seems not to be in accordance with the appropriate procedure of assessing and determining the child's or children’s best interests. There should always be the possibility to request a review or to appeal such a decision at the national level. Mechanisms should be made known to the child and be accessible by him or her directly or by his or her legal representative, if it is considered that the procedural safeguards had not been respected, the facts are wrong, the best-interests assessment had not been adequately carried out or that competing considerations had been given too much weight. The reviewing body must look into all these aspects.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(a)Right of the child to express his or her own views"]},{"id":"crc-c-gc-14-0099","docId":"crc-c-gc-14","idx":99,"n":99,"text":"As mentioned above, the adoption of all measures of implementation should also follow a procedure that ensures that the child’s best interests are a primary consideration. The child-rights impact assessment (CRIA) can predict the impact of any proposed policy, legislation, regulation, budget or other administrative decision which affect children and the enjoyment of their rights and should complement ongoing monitoring and evaluation of the impact of measures on children’s r[[fn:17]]ights. CRIA needs to be built into Government processes at all levels and as early as possible in the development of policy and other general measures in order to ensure good governance for children’s rights. Different methodologies and practices may be developed when undertaking CRIA. At a minimum, they must use the Convention and its Optional Protocols as a framework, in particular ensuring that the assessments are underpinned by the general principles and have special regard for the differentiated impact of the measure(s) under consideration on children. The impact assessment itself could be based on input from children, civil society and experts, as well as from relevant Government departments, academic research and experiences documented in the country or elsewhere. The analysis should result in recommendations for amendments, alternatives and improvements and be made p[[fn:18]]ublicly available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":17,"text":"General comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, paras. 78-81."},{"n":18,"text":"States may draw guidance from the Report of the Special Rapporteur on the right to food on Guiding principles on human rights impact assessments of trade and investment agreements (A/HRC/19/59/Add.5)."}],"section":["V. Implementation: assessing and determining the child’s best interests","(a)Right of the child to express his or her own views"]},{"id":"crc-c-gc-14-0100","docId":"crc-c-gc-14","idx":100,"n":100,"text":"The Committee recommends that States widely disseminate the present general comment to parliaments, governments and the judiciary, nationally and locally. It should also be made known to children – including those in situations of exclusion –, all professionals working for and with children (including judges, lawyers, teachers, guardians, social workers, staff of public or private welfare institutions, health staff, teachers, etc.) and civil society at large. To do this, the general comment should be translated into relevant languages, child-friendly/appropriate versions should be made available, conferences, seminars, workshops and other events should be held to share best practices on how best to implement it. It should also be incorporated into the formal pre- and in-service training of all concerned professionals and technical staff.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(a)Right of the child to express his or her own views"]},{"id":"crc-c-gc-14-0101","docId":"crc-c-gc-14","idx":101,"n":101,"text":"States should include information in their periodic reporting to the Committee on the challenges they face and the measures they have taken to apply and respect the child’s best interests in all judicial and administrative decisions and other actions concerning the child as an individual, as well as at all stages of the adoption of implementation measures concerning children in general or as a specific group.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(b)Establishment of facts"]},{"id":"crc-c-gc-15-0001","docId":"crc-c-gc-15","idx":1,"n":1,"text":"The present general comment is based on the importance of approaching children’s health from a child-rights perspectivethat all childrenhave the right to opportunities to survive, grow and develop, within the context of physical, emotional and social well-being, to each child’s full potential. Throughout this general comment, “child” refers to an individual below the age of 18 years, in accordance with article 1 of the Convention on the Rights of the Child (hereinafter “the Convention’’). Despite the remarkable achievements infulfilling children’s rights to health in recent years since the adoption of the Convention, significant challenges remain. The Committee on the Rights of the Child (hereinafter “the Committee”) recognizes that most mortality, morbidity and disabilitiesamong children could be prevented if there were political commitment and sufficient allocationof resources directed towards the application ofavailable knowledge and technologies for prevention, treatment and care. The presentgeneral comment was prepared with the aim of providing guidance and support to States parties and other duty bearers to support them inrespecting, protecting and fulfilling children’s right to the enjoyment of the highest attainable standard of health (hereinafter “children’s right to health”).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"}]},{"id":"crc-c-gc-15-0002","docId":"crc-c-gc-15","idx":2,"n":2,"text":"The Committee interprets children’s right to health as defined in article 24 as an inclusive right, extending not only to timely and appropriate prevention, health promotion, curative, rehabilitative and palliative services, but also to a right to grow and develop to their full potential and live in conditions that enable them to attain the highest standard of health through the implementation of programmes that address the underlying determinants of health. A holistic approach to health places the realization of children’s right to health within the broader framework of international human rights obligations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0003","docId":"crc-c-gc-15","idx":3,"n":3,"text":"The Committee addressesthis general comment to a range of stakeholders working in the fields of children’s rights and public health, including policymakers, programme implementers and activists, as well as parents and children themselves. It is explicitly generic in order to ensure its relevance to a wide range of children’s health problems, health systems and the varied contexts that exist in different countries and regions. It focuses primarily on article 24, paragraphs 1 and 2, and alsoaddresses article 24, paragraph 4[[fn:1]]. Implementation of article 24 must take into account all human rights principles, especially the guiding principles of the Convention, and must be shaped by evidence-based public health standards and best practices.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":1,"text":"Article 24, paragraph 3, is not covered because a general comment on harmful practices is currently being developed."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0004","docId":"crc-c-gc-15","idx":4,"n":4,"text":"In the Constitution of the World Health Organization, States have agreed to regard health as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity[[fn:2]]. This positive understanding of health provides the public health foundation for the present general comment. Article 24 explicitly mentions primary health care, anapproach to which was defined in the Declaration of Alma-Ataand reinforced by the World Health Assembly[[fn:3]].[[fn:4]] This approach emphasizes the need to eliminate exclusion and reduce social disparities in health; organize health services around people’s needs and expectations; integrate health into related sectors; pursue collaborative models of policy dialogue; and increase stakeholder participation, including the demand for and appropriate use of services.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":2,"text":"Preamble to the Constitution of the World Health Organization (WHO) as adopted by the International Health Conference, New York, 22 July 1946."},{"n":3,"text":"Declaration of Alma-Ata, International Conference on Primary Health Care, Alma-Ata, 6–12 September 1978."},{"n":4,"text":"World Health Assembly, Primary health care including health systems strengthening, document A62/8."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0005","docId":"crc-c-gc-15","idx":5,"n":5,"text":"Children’s health is affected by a variety of factors, many of which have changed during the past 20years and are likely to continue to evolve in the future. This includes the attention given to new health problems and changing health priorities, such as: HIV/AIDS, pandemic influenza, non-communicable diseases, importance of mental health care, care of the new born, and neonatal and adolescent mortality; increased understanding of the factors that contribute to death, disease and disability in children, including structural determinants, such as the global economic and financial situation, poverty, unemployment, migration and population displacements, war and civil unrest, discrimination and marginalization. There is also a growing understanding of the impact of climate change and rapid urbanization on children’s health; the development of new technologies, such as vaccines and pharmaceuticals; a stronger evidence base for effective biomedical, behavioural and structural interventions, as well as some cultural practices that relate to child-rearing and have proved to have a positive impact on children.","labels":["Migrants","Adolescents","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"]},{"id":"crc-c-gc-15-0006","docId":"crc-c-gc-15","idx":6,"n":6,"text":"Advances in information and communication technologies have created new opportunities and challenges to achieve children’s right to health. Despite the additional resources and technologies that have now become available to the health sector, many countries still fail to provide universal access to basic children’s health promotion, prevention and treatment services. A wide range of different dutybearers need to be involved if children’s right to health is to be fully realized and the central role played by parents and other caregivers needs to be better recognized. Relevant stakeholders will need to be engaged, working at national, regional, district and community levels, including governmental and non-governmental partners, private sector and funding organizations. States have an obligation to ensure that all dutybearers have sufficient awareness, knowledge and capacity to fulfil their obligations and responsibilities, and that children’s capacity is sufficiently developed to enable them to claim their right to health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"]},{"id":"crc-c-gc-15-0007","docId":"crc-c-gc-15","idx":7,"n":7,"text":"The Convention recognizes the interdependence and equal importance of all rights (civil, political, economic, social and cultural) that enable all children to develop their mental and physical abilities, personalities and talents to the fullest extent possible. Not only is children’s right to health important in and of itself, but also the realization of the right to health is indispensable for the enjoyment of all the other rights in the Convention. Moreover, achieving children’s right to health is dependent on the realization of many other rights outlined in the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","A. The indivisibility and interdependence of children’s rights"]},{"id":"crc-c-gc-15-0008","docId":"crc-c-gc-15","idx":8,"n":8,"text":"In order to fully realize the right to health for all children, States parties have an obligation to ensure that children’s health is not undermined as a result of discrimination, which is a significantfactor contributing to vulnerability. A number of grounds on which discrimination is proscribed are outlined in article 2 of the Convention, including the child’s, parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. These also include sexual orientation, gender identity and health status, for example HIV status and mental health[[fn:5]]. Attention should also be given to any other forms of discrimination that might undermine children’s health, and the implications of multiple forms of discrimination should also be addressed.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":5,"text":"General comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex X, para. 6."}],"section":["II. Principles and premises for realizing children’s right to health","B. Right to non-discrimination"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-15-0009","docId":"crc-c-gc-15","idx":9,"n":9,"text":"Gender-based discrimination is particularly pervasive, affecting a wide range of outcomes, from female infanticide/foeticide to discriminatory infant and young child feeding practices, gender stereotyping and access to services. Attention should be given to the differing needs of girls and boys, and the impact of gender-related social norms and values on the health and development of boys and girls. Attention also needs to be given to harmful gender-based practices and norms of behaviour that are ingrained in traditions and customs and undermine the right to health of girls and boys.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","B. Right to non-discrimination"]},{"id":"crc-c-gc-15-0010","docId":"crc-c-gc-15","idx":10,"n":10,"text":"All policies and programmes affecting children’s health should be grounded in a broad approach to gender equality that ensures young women’s full political participation; social and economic empowerment; recognition of equal rights related to sexual and reproductive health; and equal access to information, education, justice and security, including the elimination of all forms of sexual and gender-based violence.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","B. Right to non-discrimination"]},{"id":"crc-c-gc-15-0011","docId":"crc-c-gc-15","idx":11,"n":11,"text":"Children in disadvantaged situations and under-served areas should be a focus of efforts to fulfil children’s right to health. States should identify factors at national and subnational levels that create vulnerabilities for children or that disadvantage certain groups of children. These factors should be addressed when developing laws, regulations, policies, programmes and services for children’s health, and work towards ensuring equity.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","B. Right to non-discrimination"]},{"id":"crc-c-gc-15-0012","docId":"crc-c-gc-15","idx":12,"n":12,"text":"Article 3, paragraph 1, of the Convention places an obligation on public and private social welfare institutions, courts of law, administrative authorities and legislative bodies to ensure that the best interests of the child are assessed and taken as a primary consideration in all actions affecting children. This principle must be observed in all health-related decisions concerning individual children or children as a group. Individual children’s best interests should be based on their physical, emotional, social and educational needs, age, sex, relationship with parents and caregivers, and their family and social background, and after having heard their views according to article 12 of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","C. The best interests of the child"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-15-0013","docId":"crc-c-gc-15","idx":13,"n":13,"text":"The Committee urges States to place children’s best interests at the centre of all decisions affecting their health and development, including the allocation of resources, and the development and implementation of policies and interventions that affect the underlying determinants of their health. For example, the best interests of the child should:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","C. The best interests of the child"]},{"id":"crc-c-gc-15-0014","docId":"crc-c-gc-15","idx":14,"n":14,"text":"The Committee underscores the importance of the best interests of the child as a basis for all decision-making with regard to providing, withholding or terminating treatment for all children. States should develop procedures and criteria to provide guidance to health workers for assessing the best interests of the child in the area of health, in addition to other formal, binding processes that are in place for determining the child’s best interests. The Committee in its general comment No. 3[[fn:6]] has underlined that adequate measures to address HIV/AIDS can be undertaken only if the rights of children and adolescents are fully respected. The child’s best interests should therefore guide the consideration of HIV/AIDS at all levels of prevention, treatment, care and support.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":6,"text":"General comment No. 3 (2003) on HIV/AIDS and the rights of the child, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex IX."}],"section":["II. Principles and premises for realizing children’s right to health","C. The best interests of the child"]},{"id":"crc-c-gc-15-0015","docId":"crc-c-gc-15","idx":15,"n":15,"text":"In its general comment No.4, the Committee underlined the best interests of the child to have access to appropriate information on[[fn:7]] health issues. Special attention must be given to certain categories of children, including children and adolescents with psychosocial disabilities. Where hospitalization or placement in an institution is being considered, this decision should be made in accordance with the principle of the best interests of the child, with the primary understanding that it is in the best interests of all children with disabilities to be cared for, as far as possible, in the community in a family setting and preferably within their own family with the necessary supports made available to the family and the child.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":7,"text":"General comment No. 4 (2003) on adolescent health and development in the context of the Convention, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex X, para. 10."}],"section":["II. Principles and premises for realizing children’s right to health","C. The best interests of the child"]},{"id":"crc-c-gc-15-0016","docId":"crc-c-gc-15","idx":16,"n":16,"text":"Article 6 highlights the States parties’ obligation to ensure the survival, growth and development of the child, including the physical, mental, moral, spiritual and social dimensions of their development. The many risks and protective factors that underlie the life, survival, growth and development of the child need to be systematically identified in order to design and implement evidence-informed interventions that address a wide range of determinants during the lifecourse.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","D. Right to life, survival and development and the determinants of children’s health"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-15-0017","docId":"crc-c-gc-15","idx":17,"n":17,"text":"The Committee recognizes that a number of determinants need to be considered for the realization of children’s right to health, including individual factors such as age, sex, educational attainment, socioeconomic status and domicile; determinants at work in the immediate environment of families, peers, teachers and serviceproviders, notably the violence that threatens the life and survival of children as part of their immediate environment; and structural determinants, including policies, administrative structures and systems, social and cultural values and norms.[[fn:8]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":8,"text":"See general comment No. 13 (2011) on the right of the child to be free from all forms of violence, Official Records of the General Assembly, Sixty-seventh Session, Supplement No. 41 (A/67/41), annex V."}],"section":["II. Principles and premises for realizing children’s right to health","D. Right to life, survival and development and the determinants of children’s health"]},{"id":"crc-c-gc-15-0018","docId":"crc-c-gc-15","idx":18,"n":18,"text":"Among the key determinants of children’s health, nutrition and development are the realization of the mother’s right [[fn:9]]to healthand the role of parents and other caregivers. A significant number of infant deaths occur during the neonatal period, related to the poor health of the mother prior to, and during, the pregnancy and the immediate post-partum period, and to suboptimal breastfeeding practices. The health and health-related behaviours of parents and other significant adults have a major impact on children’s health.","labels":["Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":9,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation No. 24 (1999) on women and health, Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 38 (A/54/38/Rev.1), chap. I, sect. A."}],"section":["II. Principles and premises for realizing children’s right to health","D. Right to life, survival and development and the determinants of children’s health"]},{"id":"crc-c-gc-15-0019","docId":"crc-c-gc-15","idx":19,"n":19,"text":"Article 12 highlights the importance of children’s participation, providing for children to express their views and to have such views seriously taken into account, according to age and maturity.[[fn:10]] This includes their views on all aspects of health provisions, including, for example, what services are needed, how and where they are best provided, barriers to accessing or using services, the quality of the services and the attitudes of health professionals, how to strengthen children’s capacities to take increasing levels of responsibility for their own health and development, and how to involve them more effectively in the provision of services, as peer educators. States are encouraged to conduct regular participatory consultations, which are adapted to the age and maturity of the child, and research with children, and to do this separately with their parents, in order to learn about their health challenges, developmental needs and expectations as a contribution to the design of effective interventions and health programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":10,"text":"See general comment No. 12 (2009) on the right of the child to be heard, Official Records of the General Assembly, Sixty-fifth Session, Supplement No. 41 (A/65/41), annex IV."}],"section":["II. Principles and premises for realizing children’s right to health","E. Right of the child to be heard"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-15-0020","docId":"crc-c-gc-15","idx":20,"n":20,"text":"Childhood is a period of continuous growth from birth to infancy, through the preschool age to adolescence. Each phase is significant as important developmental changes occur in terms of physical, psychological, emotional and social development, expectations and norms. The stages of the child’s development are cumulative and each stage has an impact on subsequent phases, influencing the children’s health, potential, risks and opportunities. Understanding the life course is essential in order to appreciate how health problems in childhood affect public health in general.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","F. Evolving capacities and the life course of the child"]},{"id":"crc-c-gc-15-0021","docId":"crc-c-gc-15","idx":21,"n":21,"text":"The Committee recognizes that children’s evolving capacities have a bearing on their independent decision-making on their health issues. It also notes that there are often serious discrepancies regarding such autonomous decision-making, with children who are particularly vulnerable to discrimination often less able to exercise this autonomy. It is therefore essential that supportive policies are in place and that children, parents and health workers have adequate rights-based guidance on consent, assent and confidentiality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","F. Evolving capacities and the life course of the child"]},{"id":"crc-c-gc-15-0022","docId":"crc-c-gc-15","idx":22,"n":22,"text":"To respond and understand children’s evolving capacities and the different health priorities along the life cycle, data and information that are collected and analysed should be disaggregated by age, sex, disability, socioeconomic status and sociocultural aspects and geographic location, in accordance with international standards. This makes it possible to plan, develop, implement and monitor appropriate policies and interventions that take into consideration the changing capacities and needs of children over time, and that help to provide relevant health services for all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","F. Evolving capacities and the life course of the child"]},{"id":"crc-c-gc-15-0023","docId":"crc-c-gc-15","idx":23,"n":23,"text":"The notion of “the highest attainable standard of health” takes into account both the child’s biological, social, cultural and economic preconditions and the State’s available resources, supplemented by resources made available by other sources, including non-governmental organizations, the international community and the private sector.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties recognize the right of the child to the enjoyment of the highest attainable standard of health”"]},{"id":"crc-c-gc-15-0024","docId":"crc-c-gc-15","idx":24,"n":24,"text":"Children’s right to health contains a set of freedoms and entitlements. The freedoms, which are of increasing importance in accordance with growing capacity and maturity, include the right to control one’s health and body, including sexual and reproductive freedom to make responsible choices. The entitlements include access to a range of facilities, goods, services and conditions that provide equality of opportunity for every child to enjoy the highest attainable standard of health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties recognize the right of the child to the enjoyment of the highest attainable standard of health”"]},{"id":"crc-c-gc-15-0025","docId":"crc-c-gc-15","idx":25,"n":25,"text":"Children are entitled to quality health services, including prevention, promotion, treatment, rehabilitation and palliative care services. At the primary level, these services must be available in sufficient quantity and quality, functional, within the physical and financial reach of all sections of the child population, and acceptable to all. The health-care system should not only provide health-care support but also report the information to relevant authorities for cases of rights violations and injustice. Secondary and tertiary level care should also be made available, to the extent possible, with functional referral systems linking communities and families at all levels of the health system.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“and to facilities for the treatment of illness and rehabilitation of health”"]},{"id":"crc-c-gc-15-0026","docId":"crc-c-gc-15","idx":26,"n":26,"text":"Comprehensive primary health-care programmes should be delivered alongside proven community-based efforts, including preventive care, treatment of specific diseases and nutritional interventions. Interventions at the community level should include the provision of information, services and commodities as well as prevention of illness and injury through, e.g., investment in safe public spaces, road safety and education on injury, accident and violence prevention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“and to facilities for the treatment of illness and rehabilitation of health”"]},{"id":"crc-c-gc-15-0027","docId":"crc-c-gc-15","idx":27,"n":27,"text":"States should ensure an appropriately trained workforce of sufficient size to support health services for all children. Adequate regulation, supervision, remuneration and conditions of service are also required, including for community health workers. Capacity development activities should ensure that service providers work in a child-sensitive manner and do not deny children any services to which they are entitled by law. Accountability mechanisms should be incorporated to ensure that quality assurance standards are maintained.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“and to facilities for the treatment of illness and rehabilitation of health”"]},{"id":"crc-c-gc-15-0028","docId":"crc-c-gc-15","idx":28,"n":28,"text":"Article 24, paragraph 1, imposes a strong duty of action by States parties to ensure that health andother relevant services are available and accessible to all children, with special attention to under-served areas and populations. It requires a comprehensive primary health-care system, an adequate legal framework and sustained attention to the underlying determinants of children’s health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties shall strive to ensure that no child is deprived of his or her right of access to such health care services”"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0029","docId":"crc-c-gc-15","idx":29,"n":29,"text":"Barriers to children’s access to health services, including financial, institutional and cultural barriers, should be identified and eliminated. Universal free birth registration is a prerequisite andsocial protection interventions, including social security such as child grants or subsidies, cash transfers and paid parental leave, should be implemented and seen as complementary investments.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties shall strive to ensure that no child is deprived of his or her right of access to such health care services”"]},{"id":"crc-c-gc-15-0030","docId":"crc-c-gc-15","idx":30,"n":30,"text":"Health-seeking behaviour is shaped by the environment in which it takes place, including, inter alia, the availability of services, levels of health knowledge, life skills and values. States should seek to ensure an enabling environment to encourage appropriate health-seeking behaviour by parents and children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties shall strive to ensure that no child is deprived of his or her right of access to such health care services”"]},{"id":"crc-c-gc-15-0031","docId":"crc-c-gc-15","idx":31,"n":31,"text":"In accordance with their evolving capacities, children should have access to confidential counselling and advice without parental or legal guardian consent, where this is assessed by the professionals working with the child to be in the child’s best interests. States should clarify the legislative procedures for the designation of appropriate caregivers for children without parents or legal guardians, who can consent on the child’s behalf or assist the child in consenting, depending on the child’s age and maturity. States should review and consider allowing children to consent to certain medical treatments and interventions without the permission of a parent, caregiver, or guardian, such as HIV testing and sexual and reproductive health services, including education and guidance on sexual health, contraception and safe abortion.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties shall strive to ensure that no child is deprived of his or her right of access to such health care services”"]},{"id":"crc-c-gc-15-0032","docId":"crc-c-gc-15","idx":32,"n":32,"text":"In accordance with article 24, paragraph 2, States should put in place a process for identifying and addressing other issues relevant to children’s right to health. This requires, inter alia, an in-depth analysis of the current situation in terms of priority health problems and responses, and the identification and implementation of evidence-informed interventions and policies that respond to key determinants and health problems, in consultation with children when appropriate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0033","docId":"crc-c-gc-15","idx":33,"n":33,"text":"States have an obligation to reduce child mortality. The Committee urges particular attention to neonatal mortality, which constitutes an increasing proportion of under-5 mortality. Additionally, States parties should also address adolescent morbidity and mortality, which is generally under-prioritized.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (a). “To diminish infant and child mortality”"]},{"id":"crc-c-gc-15-0034","docId":"crc-c-gc-15","idx":34,"n":34,"text":"Interventions should include attention tostill births, pre-term birth complications, birth asphyxia, low birth weight, mother-to-child transmission of HIV and other sexually transmitted infections, neonatal infections, pneumonia, diarrhoea, measles, under- and malnutrition, malaria, accidents, violence, suicide and adolescent maternal morbidity and mortality. Strengthening health systems to provide such interventions to all children in the context of the continuum of care for reproductive, maternal, newborn and children’s health, including screening for birth defects, safe delivery services and care for the newborn are recommended. Maternal and perinatal mortality audits should be conducted regularly for the purposes of prevention and accountability.","labels":["Children","Adolescents","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (a). “To diminish infant and child mortality”"]},{"id":"crc-c-gc-15-0035","docId":"crc-c-gc-15","idx":35,"n":35,"text":"States should put particular emphasis on scaling up simple, safe and inexpensive interventions that have proven to be effective, such as community-based treatments for pneumonia, diarrhoeal disease and malaria, and pay particular attention to ensuring full protection and promotion of breastfeeding practices.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (a). “To diminish infant and child mortality”"]},{"id":"crc-c-gc-15-0036","docId":"crc-c-gc-15","idx":36,"n":36,"text":"States should prioritize universal access for children to primary health-care services provided as close as possible to where children and their families live, particularly in community settings. While the exact configuration and content of services will vary from country to country, in all cases effective health systems will be required, including: a robust financing mechanism; a well-trained and adequately paid workforce; reliable information on which to base decisions and policies; well-maintained facilities and logistics systems to deliver quality medicines and technologies; and strong leadership and governance. Health-service provision within schools provides an important opportunity for health promotion, to screen for illness, and increases the accessibility of health services for in-school children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (b). “To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care”"]},{"id":"crc-c-gc-15-0037","docId":"crc-c-gc-15","idx":37,"n":37,"text":"Recommended packages of services should be used, for example the Essential Interventions, Commodities and Guidelines for Reproductive, Maternal, Newborn and Child Health[[fn:11]]. States have an obligation to make all essential medicines on the World Health Organization Model Lists of Essential Medicines, including the list for children (in paediatric formulations where possible) available, accessible and affordable.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":11,"text":"The Partnership for Maternal, Newborn and Child Health, A Global Review of the Key Interventions Related to Reproductive, Maternal, Newborn and Child Health (Geneva, 2011)."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (b). “To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care”"]},{"id":"crc-c-gc-15-0038","docId":"crc-c-gc-15","idx":38,"n":38,"text":"The Committee is concerned [[fn:14]]by the increase in mental ill-health among adolescents, including[[fn:15]] developmental a[[fn:16]]nd behavioural disorders; depression; eating[[fn:17]] disorders; anxiety; psychological trauma resulting [[fn:18]]from abuse, neglect, violence or exploitation; alcohol, tobacco and drug use; obsessive behaviour, such as excessive use of and addiction to the Internet and other technologies; and self-harm and suicide[[fn:20]].[[fn:19]] There is growing recognition of the need for increased attention forbehavioural and social issues that undermine children’s mental health, psychosocial wellbeing and emotional d[[fn:22]]evelopment.[[fn:21]] The Committee cautions against over-medicalization and institutionalization, andurges States to undertakean approach based onpublic health and psychosocialsupport toaddress[[fn:23]] mental ill-health among children and adolescents and to invest in primary care approaches that facilitate the early detection and treatment of children’s psychosocial, emotional and mental problems.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":14,"text":"Resolution WHA65.4, adopted at the Sixty-fifth World Health Assembly on 25 May 2012."},{"n":15,"text":"See International Covenant on Economic, Social and Cultural Rights, art. 11, and Committee on Economic, Social and Cultural Rights, general comment No. 12 (1999) on the right to adequate food, Official Records of the Economic and Social Council, 2011, Supplement No. 2 (E/2000/22), annex V."},{"n":16,"text":"See WHO and United Nations Children’s Fund (UNICEF), Global Strategy for Infant and Young Child Feeding (Geneva, 2003)."},{"n":17,"text":"General Assembly resolution 64/292 on the human right to water and sanitation."},{"n":18,"text":"UNICEF/WHO, Baby-Friendly Hospital Initiative (1991)."},{"n":19,"text":"Single Convention on Narcotic Drugs, 1961; Convention on Psychotropic Substances, 1971; United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988."},{"n":20,"text":"General comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, Official Records of the General Assembly, Sixty-third Session, Supplement No. 41 (A/63/41), annex II."},{"n":21,"text":"See also Human Rights Council resolution 15/22 on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health."},{"n":22,"text":"Council for International Organizations of Medical Sciences/WHO, Geneva, 1993."},{"n":23,"text":"See general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex VIII."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (b). “To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care”"]},{"id":"crc-c-gc-15-0039","docId":"crc-c-gc-15","idx":39,"n":39,"text":"Stateshave the obligation to provide adequate treatment and rehabilitation for children with mental health and psychosocial disorders while abstaining from unnecessary medication. The 2012 resolution of the World Health Assembly onthe global burden of mental health disorders and the need for a comprehensive coordinated response from health and social sectors at the country level notes that there is increasing evidence of the effectiveness and cost-effectiveness of interventions to promote mental health and prevent mental disorders, particularly in children. The Committee strongly encourages States to scale up these interventions by mainstreaming them through a range of sectoral policies and programmes, including health, education and protection (criminal justice), with the involvement of families and communities. Children at riskbecause of their family and social environmentsrequire special attention in order to enhance their coping and life skills and promote protective and supportive environments.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (b). “To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care”"],"footnotes":[{"n":12,"text":"Resolution WHA65.4, adopted at the Sixty-fifth World Health Assembly on 25 May 2012."}]},{"id":"crc-c-gc-15-0040","docId":"crc-c-gc-15","idx":40,"n":40,"text":"There is a need to recognize the particular challenges to children’s health for children affected by humanitarian emergencies, including those resulting in large-scale displacements due to natural or man-made disasters. All possible measures should be taken to ensure that children have uninterrupted access to health services, to (re)unite them with their families and to protect them not only with physical support, such as food and clean water, but also to encourage special parental or other psychosocial care to prevent or address fear and traumas.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (b). “To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care”"]},{"id":"crc-c-gc-15-0041","docId":"crc-c-gc-15","idx":41,"n":41,"text":"As new, proven technologies in children’s health, including drugs, equipment and interventions, become available, States should introduce them into policies and services. Mobile arrangements and community-based efforts can substantially reduce some risks and should be made universally available and these include: immunization against the common childhood diseases; growth and developmental monitoring, especially in early childhood; vaccination against human papillomavirus for girls; tetanus toxoid injections for pregnant women; access to oral rehydration therapy and zinc supplementation for diarrhoea treatment; essential antibiotics and antiviral drugs; micronutrient supplements, such as vitamins A and D, iodized salt and iron supplements; and condoms. Health workers should advise parents how they can access and administer these simple technologies as required.","labels":["Children","Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0042","docId":"crc-c-gc-15","idx":42,"n":42,"text":"The private sector, which includes business enterprises and not-for-profit organizations that impact on health, is taking an increasingly important role in the development and refinement of technology, drugs, equipment, interventions and processes that can contribute to significant advances in children’s health. States should ensure that benefits reach all children who need them. States can also encourage public-private partnerships and sustainability initiatives that can increase access and affordability of health technology.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0043","docId":"crc-c-gc-15","idx":43,"n":43,"text":"Measures for fulfilling States’ obligations to ensure access to nutritionally adequate, culturally appropriate and safe food and to combat malnutrition will need to be adopted according to the specific context.[[fn:13]] Effective direct nutrition interventions for pregnant women include addressing anaemia and folic acid and iodine deficiency and providing calcium supplementation.Prevention and management of pre-eclampsia and eclampsia, should be ensured for all women of reproductive age to benefit their health and ensure healthy foetal and infant development.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":13,"text":"See International Covenant on Economic, Social and Cultural Rights, art. 11, and Committee on Economic, Social and Cultural Rights, general comment No. 12 (1999) on the right to adequate food, Official Records of the Economic and Social Council, 2011, Supplement No. 2 (E/2000/22), annex V."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0044","docId":"crc-c-gc-15","idx":44,"n":44,"text":"Exclusive breastfeeding for infants up to 6 months of age should be protected and promoted and breastfeeding should continue alongside appropriate complementary foods preferably until two years of age,wherefeasible. States’ obligations in this area are defined in the “protect, promote and support” framework, adopted unanimously by the World Health Assembly.[[fn:14]] States are required to introduce into domesticlaw, implement and enforce internationally agreed standards concerning children’s right to health, including the International Code on Marketing of Breast-milk Substitutes and the relevant subsequent World Health Assembly resolutions, as well as the World Health OrganizationFramework Convention on Tobacco Control. Special measures should be taken to promote community and workplace support formothers in relation to pregnancy and breastfeeding and feasible and affordable childcare services; and compliance withthe International Labour OrganizationConvention No. 183 (2000) concerning the revision of the Maternity Protection Convention (Revised), 1952.","labels":["Children","Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":14,"text":"See WHO and United Nations Children’s Fund (UNICEF), Global Strategy for Infant and Young Child Feeding (Geneva, 2003)."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0045","docId":"crc-c-gc-15","idx":45,"n":45,"text":"Adequate nutrition and growth monitoring in early childhood are particularly important. Where necessary, integrated management of severe acute malnutrition should be expanded through facility and community-based interventions, as well as treatment of moderate acute malnutrition, including therapeutic feeding interventions.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0046","docId":"crc-c-gc-15","idx":46,"n":46,"text":"School feeding is desirable to ensure all pupils have access to a full meal every day, which can also enhancechildren’s attention forlearning and increase school enrolment. The Committee recommends that this be combined with nutrition and health education, including setting up school gardens and training teachers to improve children’s nutrition and healthy eating habits.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0047","docId":"crc-c-gc-15","idx":47,"n":47,"text":"States should also address obesity in children, as it is associated with hypertension, early markers of cardiovascular disease, insulin resistance, psychological effects, a higher likelihood of adult obesity, and premature death. Children’s exposure to “fast foods” that are high in fat, sugar or salt, energy-dense and micronutrient-poor, and drinks containing high levels of caffeine or other potentially harmful substances should be limited. The marketing of these substances – especiallywhen such marketing is focused on children – should be regulated and their availability in schools and other placescontrolled.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0048","docId":"crc-c-gc-15","idx":48,"n":48,"text":"Safe and clean drinking water and sanitation are essential for the full enjoyment of life and all other human r[[fn:15]]ights. Government departments and local authorities responsible for water and sanitation should recognize their obligation to helprealizechildren’s right to health, and actively consider child indicators on malnutrition, diarrhoea and other water-related diseases and household size when planning and carrying out infrastructure expansion and the maintenance of water services, and when making decisions on amounts forfree minimum allocation and service disconnections. States are not exempted from their obligations, even when they have privatized water and sanitation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":15,"text":"General Assembly resolution 64/292 on the human right to water and sanitation."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0049","docId":"crc-c-gc-15","idx":49,"n":49,"text":"States should take measures to address the dangers and risks thatlocal environmental pollution poses tochildren’s health in all settings. Adequate housing that includes non-dangerous cooking facilities, a smoke-free environment, appropriate ventilation, effective management of waste and the disposal oflitter from living quarters and the immediate surroundings, the absence of mould and other toxic substances, and family hygiene are core requirements to a healthy upbringing and development. States should regulate and monitor the environmental impact of business activities that may compromise children’s right to health, food security and access to safe drinking water and to sanitation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0050","docId":"crc-c-gc-15","idx":50,"n":50,"text":"The Committee draws attention to the relevance of the environment, beyond environmental pollution, to children’s health. Environmental interventions should, inter alia, address climate change, as this is one of the biggest threats to children’s healthand exacerbates health disparities. States should, therefore, put children’s health concerns at the centre of their climate change adaptation and mitigation strategies.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0051","docId":"crc-c-gc-15","idx":51,"n":51,"text":"The Committee notes that preventable maternal mortality and morbidity constitute grave violations of the human rights of women and girls and pose serious threats to their own and their children’s right to health. Pregnancy and child birth are natural processes, with known health risks that are susceptibleto both prevention and therapeutic responses, if identified early. Risk situations can occur during pregnancy, deliveryand the ante- and postnatal periods and have both short- and long-term impact on the health and well-being of both mother and child.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0052","docId":"crc-c-gc-15","idx":52,"n":52,"text":"The Committee encourages States to adopt child-sensitive health approaches throughout different periods of childhood such as (a) the baby-friendly hospital initiative[[fn:16]] which protects, promotes and supports rooming-in and breastfeeding; (b) child-friendly health policies focused on training health workers to provide quality services in a way that minimizes the fear, anxiety and suffering of children and their families; and (c) adolescent-friendly health services which require health practitioners and facilities to be welcoming and sensitive to adolescents, to respect confidentiality and to deliver services that are acceptable to adolescents.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":16,"text":"UNICEF/WHO, Baby-Friendly Hospital Initiative (1991)."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0053","docId":"crc-c-gc-15","idx":53,"n":53,"text":"The care that women receive before, during and after their pregnancy has profound implications for the health and development of their children. Fulfilling the obligation to ensure universal access to a comprehensive package of sexual and reproductive health interventions should be based on the concept of a continuum of care from pre-pregnancy, through pregnancy, childbirth and throughout the post-partum period. Timely and good-quality care throughout these periods provides important opportunities to prevent the intergenerational transmission of ill-health and has a high impact on the health of the child throughout the life course.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0054","docId":"crc-c-gc-15","idx":54,"n":54,"text":"The interventions that should be made available across this continuum include, but are not limited to: essential health prevention and promotion, and curative care, including the prevention of neonatal tetanus, malaria in pregnancy and congenital syphilis; nutritional care; access to sexual and reproductive health education, information and services; health behaviour education (e.g. relating to smoking and substance use); birth preparedness; early recognition and management of complications; safe abortion services and post-abortion care; essential care at childbirth; and prevention of mother-to-child HIV transmission, and care and treatment of HIV-infected women and infants. Maternal and newborn care following delivery should ensure no unnecessary separation of the mother from her child.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0055","docId":"crc-c-gc-15","idx":55,"n":55,"text":"The Committee recommends that social protection interventions include ensuring universal coverage or financial access to care, paid parental leave and other social security benefits, and legislation to restrict the inappropriate marketing and promotion of breast-milk substitutes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0056","docId":"crc-c-gc-15","idx":56,"n":56,"text":"Given the high rates of pregnancy among adolescents globally and the additional risks of associated morbidity and mortality, States should ensure that health systems and services are able to meet the specific sexual and reproductive health needs of adolescents, including family planning and safe abortion services. States should work to ensure that girls can make autonomous and informed decisions on their reproductive health. Discrimination based on adolescent pregnancy, such as expulsion from schools, should be prohibited, and opportunities for continuous education should be ensured.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0057","docId":"crc-c-gc-15","idx":57,"n":57,"text":"Taking into account that boys and men are crucial to planning and ensuring healthy pregnancies and deliveries, States should integrate education, awareness and dialogue opportunities for boys and men into their policies and plans for sexual, reproductive and children’s health services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0058","docId":"crc-c-gc-15","idx":58,"n":58,"text":"The obligations under this provision include providing health-related information and support in the use of this information. Health-related information should be physically accessible, understandable and appropriate to children’s age and educational level.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (e). “To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of children’s health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents”"]},{"id":"crc-c-gc-15-0059","docId":"crc-c-gc-15","idx":59,"n":59,"text":"Children require information and education on all aspects of health to enable them to make informed choices in relation to their lifestyle and access to health services. Information and life skills education should address a broad range of health issues, including: healthy eating and the promotion of physical activity, sports and recreation; accident and injury prevention; sanitation, hand washing and other personal hygiene practices; and the dangers of alcohol, tobacco and psychoactive substance use. Information and educationshould encompass appropriate information about children’s right to health, the obligations of Governments, and how and where to access health information and services, and should be provided as a core part of the school curriculum, as well as through health services and in other settings forchildren who are not in school. Materials providing information about health should be designed in collaboration with children and disseminated in a wide range of public settings.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (e). “To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of children’s health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents”"]},{"id":"crc-c-gc-15-0060","docId":"crc-c-gc-15","idx":60,"n":60,"text":"Sexual and reproductive health education should include self-awareness and knowledge about the body, including anatomical, physiological and emotional aspects, and should be accessible to all children, girls and boys. It should include content related to sexual health and well-being, such asinformation about body changes and maturation processes, and designed in a manner through which children are able to gain knowledge regarding reproductive health and the prevention of gender-based violence, and adopt responsible sexual behaviour.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (e). “To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of children’s health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents”"]},{"id":"crc-c-gc-15-0061","docId":"crc-c-gc-15","idx":61,"n":61,"text":"Information about children’s health should be provided to all parents individually or in groups, the extended family and other caregivers through different methods, including health clinics, parenting classes, public information leaflets, professional bodies, community organizations and the media.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (e). “To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of children’s health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents”"]},{"id":"crc-c-gc-15-0062","docId":"crc-c-gc-15","idx":62,"n":62,"text":"Prevention and health promotion should address the main health challenges facing children within the community and the country as a whole. These challenges include diseases and other health challenges, such as accidents, violence, substance abuse and psychosocial and mental health problems. Preventive health care should address communicable and non-communicable diseases and incorporate a combination of biomedical, behavioural and structural interventions. Preventing non-communicable diseases should start early in life through the promotion and support of healthy and non-violent lifestyles for pregnant women, their spouses/partners and young children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0063","docId":"crc-c-gc-15","idx":63,"n":63,"text":"Reducing the burden of child injuries requires strategies and measures to reduce the incidence of drowning, burns and other accidents. Such strategies and measuresshould include legislation and enforcement; product and environmental modification; supportive home visits and promotion of safety features; education, skills development and behaviour change; community-based projects; and pre-hospital and acute care, as well as rehabilitation. Efforts to reduce road traffic accidents should include legislating forthe use of seatbelts and other safety devices, ensuring access to safe transport for children and according them due consideration in road planning and traffic control. The support of the related industry and the media is essential in this respect.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0064","docId":"crc-c-gc-15","idx":64,"n":64,"text":"Recognizing violence as a significant cause of mortality and morbidity in children, particularly adolescents, the Committee emphasizes the need to create an environment that protects children from violence and encourages their participation in attitudinal and behavioural changes at home, in schools and in public spaces; to support parents and caregivers in healthy child-rearing; and to challenge attitudes which perpetuate the tolerance and condoning of violence in all forms, including by regulating the depiction of violence by mass media.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0065","docId":"crc-c-gc-15","idx":65,"n":65,"text":"States should protect children from solvents, alcohol, tobacco and illicit substances, increase the collection of relevant evidence and take appropriate measures to reduce the use of such substances among children. Regulation of the advertising and sale of substances harmful to children’s health and of the promotion of such items in places where children congregate, as well as in media channels and publications that are accessed by children are recommended.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0066","docId":"crc-c-gc-15","idx":66,"n":66,"text":"The Committee encourages States parties that have not yet done so to ratify the international drug control conventions and the World Health OrganizationFramework Convention on Tobacco Control.[[fn:17]] The Committee underscores the importance of adopting a rights-based approach to substance use and recommends that, where appropriate, harm reduction strategies should be employed to minimize the negative health impacts of substance abuse.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":17,"text":"Single Convention on Narcotic Drugs, 1961; Convention on Psychotropic Substances, 1971; United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0067","docId":"crc-c-gc-15","idx":67,"n":67,"text":"Parents are the most important source of early diagnosis and primary care forsmall children, and the most important protective factor against high-risk behaviours in adolescents, such as substance use and unsafe sex. Parents also play a central role in promoting healthy child development, protecting children from harm due to accidents, injuries and violence and mitigating the negative effects of risk behaviours. Children’s socialization processes, which are crucial for understanding and adjusting to the world in which they grow up, are strongly influenced by their parents, extended family and other caregivers. States should adopt evidence-based interventions to support good parenting, including parenting skills education, support groups and family counselling, in particularfor families experiencing children’s health and other social challenges.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0068","docId":"crc-c-gc-15","idx":68,"n":68,"text":"In the light of the impact of corporal punishment on children’s health, including fatal and non-fatal injury andthe psychological and emotional consequences, the Committee reminds States of their obligation to take all appropriate legislative, administrative, social and educational measures to eliminate corporal punishment and other cruel or degrading forms of punishment in all settings,[[fn:18]] including the home.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":18,"text":"General comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, Official Records of the General Assembly, Sixty-third Session, Supplement No. 41 (A/63/41), annex II."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0069","docId":"crc-c-gc-15","idx":69,"n":69,"text":"Family planning services should be situated within comprehensive sexual and reproductive health services and should encompass sexuality education, including counselling. They can be considered part of the continuum of services described in article 24, paragraph 2(d), and should be designed to enable all couples and individuals to make sexual and reproductive decisions freely and responsibly, including the number, spacing and timing of their children, and to give them the information and means to do so. Attention should be given to ensuring confidential, universal access to goods and services for both married and unmarried female and male adolescents. States should ensure that adolescents are not deprived of any sexual and reproductive health information or services due to providers’ conscientious objections.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0070","docId":"crc-c-gc-15","idx":70,"n":70,"text":"Short-term contraceptive methods such as condoms, hormonal methods and emergency contraception should be made easily and readily available to sexually active adolescents. Long-term and permanent contraceptive methods should also be provided. The Committee recommends that States ensure access to safe abortion and post-abortion care services, irrespective of whether abortion itself is legal.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0071","docId":"crc-c-gc-15","idx":71,"n":71,"text":"States have three types of obligations relating to human rights, including children’s right to health: to respect freedoms and entitlements, to protect both freedoms and entitlements fromthird parties or fromsocial or environmental threats, and to fulfil the entitlements through facilitation or direct provision. In accordance with article 4 of the Convention, States parties shall fulfil the entitlements contained in children’s right to health to the maximum extent of their available resources and, where needed, within the framework of international cooperation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","A. State parties’ obligations to respect, protect and fulfil"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-15-0072","docId":"crc-c-gc-15","idx":72,"n":72,"text":"All States, regardless of their level of development, are required to take immediate action to implement these obligations as a matter of priority and without discrimination of any kind. Where the available resources are demonstrably inadequate, States are still required to undertake targeted measures to move as expeditiously and effectively as possible towards the full realization of children’s right to health. Irrespective of resources, States have the obligation not to take any retrogressive steps that could hamper the enjoyment of children’s right to health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","A. State parties’ obligations to respect, protect and fulfil"]},{"id":"crc-c-gc-15-0073","docId":"crc-c-gc-15","idx":73,"n":73,"text":"The core obligations, under children’s right to health, include:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","A. State parties’ obligations to respect, protect and fulfil"]},{"id":"crc-c-gc-15-0074","docId":"crc-c-gc-15","idx":74,"n":74,"text":"States should demonstrate their commitment to progressive fulfilment of all obligations under article 24, prioritizing this even in the context of political or economic crisis or emergency situations. This requires that children’s health and related policies, programmes and services be planned, designed, financed and implemented in a sustainable manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","A. State parties’ obligations to respect, protect and fulfil"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0075","docId":"crc-c-gc-15","idx":75,"n":75,"text":"The State is responsible for realizing children’s right to health regardless of whether or not it delegates the provision of services to non-State actors. In addition to the State, a wide range of non-State actors who provide information and services related to children’s health and its underlying determinants have specific responsibilities and impact in this regard.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0076","docId":"crc-c-gc-15","idx":76,"n":76,"text":"States’ obligations include a duty to promote awareness of non-State actors’ responsibilities and to ensure that all non-State actors recognize, respect and fulfil their responsibilities to the child, applying due diligence procedures where necessary.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0077","docId":"crc-c-gc-15","idx":77,"n":77,"text":"The Committee calls on all non-State actors engaged in health promotion and services, especially the private sector, including the pharmaceutical and health-technology industry as well as the mass media and health service providers, to act in compliance with the provisions of the Convention and to ensure compliance by any partners who deliver services on their behalf. Such partners include international organizations, banks, regional financial institutions, global partnerships, the private sector (private foundations and funds), donors and any other entities providing services or financial support to children’s health, particularly in humanitarian emergencies or politically unstable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0078","docId":"crc-c-gc-15","idx":78,"n":78,"text":"The responsibilities of parents and other caregivers are expressly referred to in several provisions of the Convention. Parents should fulfil their responsibilities while always acting in the best interests of the child, if necessary with the support of the State. Taking the child’s evolving capacity into account, parents and caregivers should nurture, protect and support children to grow and develop in a healthy manner. Although not explicit in article 24, paragraph 2(f), the Committee understands any reference to parents to also include other caregivers.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0079","docId":"crc-c-gc-15","idx":79,"n":79,"text":"All health service providers, including non-State actors, must incorporate and apply to the design, implementation and evaluation of their programmes and services all relevant provisions of the Convention, as well as the criteria of availability, accessibility, acceptability and quality, as described in chapter VI, section E, ofthe presentgeneral comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0080","docId":"crc-c-gc-15","idx":80,"n":80,"text":"All business enterprises have an obligation of due diligence with respect to human rights, which include all rights enshrined under the Convention. States should require businesses to undertake children’s rights due diligence. This will ensure that business enterprises identify, prevent and mitigate their negative impact on children’s right to health including across their business relationships and within any global operations. Large business enterprises should be encouraged and, where appropriate, required to make public their efforts to address their impact on children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0081","docId":"crc-c-gc-15","idx":81,"n":81,"text":"Among other responsibilities and in all contexts, private companies should: refrain from engaging children in hazardous labour while ensuring they comply with the minimum age for child labour; comply with the International Code of Marketing of Breast-milk Substitutes and the relevant subsequent World Health Assembly resolutions; limit advertisement of energy-dense, micronutrient-poor foods, and drinks containing high levels of caffeine or other substances potentially harmful to children; and refrain from the advertisement, marketing and sale to children of tobacco, alcohol and other toxic substances or the use of child images.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0082","docId":"crc-c-gc-15","idx":82,"n":82,"text":"The Committee acknowledges the profound impact of the pharmaceutical sector on the health of children and calls on pharmaceutical companies to adopt measures towards enhancing access to medicines for children, paying particular attention to the Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines[[fn:19]]. At the same time, States should ensure that pharmaceutical companies monitor the use, and refrain from promoting excessive prescription and use of, drugs and medicines on children. Intellectual property rights should not be applied in ways that cause necessary medicines or goods to be unaffordable for the poor.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":19,"text":"See also Human Rights Council resolution 15/22 on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health."}],"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0083","docId":"crc-c-gc-15","idx":83,"n":83,"text":"Private health insurance companies should ensure that they do not discriminate against pregnant women, children or mothers on any prohibited grounds and that they promote equality through partnerships with State health insurance schemes based on the principle of solidarity and ensuring that inability to pay does not restrict access to services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0084","docId":"crc-c-gc-15","idx":84,"n":84,"text":"Article 17 of the Convention delineates the responsibilities of mass media organizations. In the context of health, these can be further expanded to include promoting health and healthy lifestyles among children; providing free advertising space for health promotion; ensuring the privacy and confidentiality of children and adolescents; promoting access to information; not producing communication programmes and material that are harmful to child and general health; and not perpetuating health-related stigma.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-c-gc-15-0085","docId":"crc-c-gc-15","idx":85,"n":85,"text":"The Committee underscores the responsibility of entities, including academics, private companiesand others, undertaking research involving children to respect the principles and provisions of the Convention and the International Ethical Guidelines for Biomedical Research Involving Human Subjects.[[fn:20]] The Committee reminds researchers that the best interests of the child shall always prevail over the interest of general society or scientific advancement.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":20,"text":"Council for International Organizations of Medical Sciences/WHO, Geneva, 1993."}],"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0086","docId":"crc-c-gc-15","idx":86,"n":86,"text":"States parties to the Convention have obligations not only to implement children’s right to health within their own jurisdiction, but also to contributeto global implementation through international cooperation. Article 24, paragraph 4, requires States and inter-State agencies to pay particular attention to the children’s health priorities among the poorest parts of the population and in developing States.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. International cooperation"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0087","docId":"crc-c-gc-15","idx":87,"n":87,"text":"The Convention should guide all international activities and programmes of donor and recipient States related directly or indirectly to children’s health. It requires partner States to identify the major health problems affecting children, pregnant women and mothers in recipient countries and to address them in accordance with the priorities and principles established by article 24. International cooperation should support State-led health systems and national health plans.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. International cooperation"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0088","docId":"crc-c-gc-15","idx":88,"n":88,"text":"States have individual and joint responsibility, including through United Nationsmechanisms, to cooperate in providing disaster relief and humanitarian assistance in times of emergency. In these cases, States should consider prioritizing efforts to realize children’s right to health, including through appropriate international medical aid; distribution and management of resources, such as safe and potable water, food and medical supplies; and financial aid to the most vulnerable or marginalized children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. International cooperation"]},{"id":"crc-c-gc-15-0089","docId":"crc-c-gc-15","idx":89,"n":89,"text":"The Committee reminds States to meet the United Nations target of allocating 0.7 per cent of gross national incometo international development assistance, as financialresources have important implications for the realization of children’s right to health in resource-limited States. In order to ensure the highest impact, States and inter-State agencies are encouraged to apply the Paris Principles on Aid Effectiveness and the principles of the Accra Agenda for Action.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. International cooperation"]},{"id":"crc-c-gc-15-0090","docId":"crc-c-gc-15","idx":90,"n":90,"text":"Accountability is at the core of the enjoyment of children’s right to health. The Committee reminds the State party of their obligations to ensure that relevant government authorities and service providers are held accountable for maintaining the highest possible standards of children’s health and health care until they reach 18 years of age.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability"]},{"id":"crc-c-gc-15-0091","docId":"crc-c-gc-15","idx":91,"n":91,"text":"States should provide an environment that facilitates the discharge of all dutybearers’ obligations and responsibilities with respect to children’s right to health and a regulatory framework within which all actors should operate and can be monitored, includingby mobilizing political and financial support for children’s health-related issues and building the capacity of dutybearers to fulfil their obligations and children to claim their right to health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability"]},{"id":"crc-c-gc-15-0092","docId":"crc-c-gc-15","idx":92,"n":92,"text":"With the active engagement of the Government, parliament, communities, civil society and children, national accountability mechanisms must be effective and transparent and aim to hold all actors responsible for their actions. They should, inter alia,devoteattention to the structural factors affecting children’s health including laws, policies and budgets. Participatory tracking of financial resources and their impact on children’s health is essential for State accountability mechanisms.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability"]},{"id":"crc-c-gc-15-0093","docId":"crc-c-gc-15","idx":93,"n":93,"text":"The Committee encourages States to adopt and implement a comprehensive strategy to educate children, their caregivers, policymakers, politicians and professionals working with childrenabout children’s right to health, and the contributions they can make to its realization.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","A. Promoting knowledge of children’s right to health (art. 42)"]},{"id":"crc-c-gc-15-0094","docId":"crc-c-gc-15","idx":94,"n":94,"text":"The Convention requires States parties to adopt all appropriate legislative, administrative and other measures for the implementation of children’s right to health without discrimination. National laws should place a statutory obligation on the State to provide the services, programmes, human resources and infrastructure needed to realize children’s right to health and provide a statutory entitlement to essential, child sensitive, quality health and related services for pregnant women and children irrespective of their ability to pay. Laws should be reviewed to assess any potential discriminatory effect or impediment to realizing children’s right to health and repealed where required. Where necessary, international agencies and donors should provide development aid and technical assistance for such legal reforms.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","B. Legislative measures"]},{"id":"crc-c-gc-15-0095","docId":"crc-c-gc-15","idx":95,"n":95,"text":"Legislation should fulfil a number of additional functions in the realization of children’s right to health by defining the scope of the right and recognizing children as rights-holders; clarifying the roles and responsibilities of all dutybearers; clarifying what services children, pregnant women and mothers are entitled to claim; and regulating services and medications to ensure that they are of good quality and cause no harm. States must ensure that adequate legislative and other safeguards exist to protect and promote the work of human rights defenders working on children’s right to health.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","B. Legislative measures"]},{"id":"crc-c-gc-15-0096","docId":"crc-c-gc-15","idx":96,"n":96,"text":"States are encouraged to ratify and implement international and regional human rights instruments relevant to children’s health and to report on all aspects of children’s health accordingly.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0097","docId":"crc-c-gc-15","idx":97,"n":97,"text":"Sustainability in children’s health policy and practice requires a long-term national plan that is supported and entrenched as a national priority. The Committee recommends that States establish and make use of a comprehensive and cohesive national coordinating framework on children’s health, built upon the principles of the Convention, to facilitate cooperation between government ministries and different levels of government as well as interaction with civil society stakeholders, including children. Given the high number of government agencies, legislative branches and ministries working on children’s health-related policies and services at different levels, the Committee recommends that the roles and responsibilities of each be clarified in the legal and regulatory framework.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0098","docId":"crc-c-gc-15","idx":98,"n":98,"text":"Particular attention must be given to identifying and prioritizing marginalized and disadvantaged groups of children, as well as children who are at risk of any form of violence and discrimination. All activities should be fully costed, financed and made visible within the national budget.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0099","docId":"crc-c-gc-15","idx":99,"n":99,"text":"A “child health in all policies” strategy should be used, highlighting the links between children’s health and its underlying determinants. Every effort should be made to remove bottlenecks that obstruct transparency, coordination, partnership and accountability in the provision of services affecting children’s health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0100","docId":"crc-c-gc-15","idx":100,"n":100,"text":"While decentralization is required to meet the particular needs of localities and sectors, this does not reduce the direct responsibility of the central or national Government to fulfil its obligations to all children within its jurisdiction. Decisions about allocations to the various levels of services and geographical areas should reflect the core elements of the approach to primary health care.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0101","docId":"crc-c-gc-15","idx":101,"n":101,"text":"States should engage all sectors of society, including children, in implementation of children’s right to health. The Committee recommends that such engagementinclude: the creation of conditions conducive to the continual growth, development and sustainability of civil society organizations, including grass-roots and community-level groups; active facilitation of their involvement in the development, implementation and evaluation of children’s health policy and services; and provision of appropriate financial support or assistance in obtaining financial support.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0102","docId":"crc-c-gc-15","idx":102,"n":102,"text":"In children’s health-related issues, parliaments have the responsibility to legislate, ensuring transparency and inclusiveness, and encourage continued public debate and a culture of accountability. They should create a public platform for reporting and debating performance and promoting public participation in independent review mechanisms. They should also hold the executiveaccountable for implementing the recommendations emerging from independent reviews and ensure that the results of the reviews inform subsequent national plans, laws, policies, budgets and further accountability measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0103","docId":"crc-c-gc-15","idx":103,"n":103,"text":"National human rights institutions have an important role to play in reviewing and promoting accountability, providing children with relief for violations of their right to health and advocating systemic change forthe realization of thatright. The Committee recalls its general comment No. 2, and reminds States that the mandate of children’s commissioners or children’s ombudsmen should include ensuring the right to health, and the mandate holdersshould bewell-resourced and[[fn:21]] independent from the Government.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":21,"text":"See general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex VIII."}],"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0104","docId":"crc-c-gc-15","idx":104,"n":104,"text":"In their decisions about budget allocation and spending, States should strive to ensure availability, accessibility, acceptability and quality of essential children’s health services for all, without discrimination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","D. Investing in children’s health"]},{"id":"crc-c-gc-15-0105","docId":"crc-c-gc-15","idx":105,"n":105,"text":"States should continually assess the impact of macroeconomic policy decisions on children’s right to health, particularly children in vulnerable situations, prevent any decisions that may compromise children’s rights, and apply the “best interests” principle when making such decisions. States should also consider obligations under article 24 in all aspects of their negotiations with international financial institutions and other donors, to ensure that children’s right to health is given adequate consideration in international cooperation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","D. Investing in children’s health"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0106","docId":"crc-c-gc-15","idx":106,"n":106,"text":"The Committee recommends that States parties: (a)Legislate for a specific proportion of public expenditure to be allocated to children’s health and create an accompanying mechanism that allows for systematic independent evaluation of this expenditure; (b)Meet World Health Organization-recommended minimum health expenditure per capita and prioritize children’s health in budgetary allocations; (c)Make investment in children visible in the State budget through detailed compilation of resources allocated to them and expended; and (d)Implement rights-based budget monitoring and analysis, as well as child impact assessments on how investments, particularly in the health sector, may serve the best interests of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","D. Investing in children’s health"]},{"id":"crc-c-gc-15-0107","docId":"crc-c-gc-15","idx":107,"n":107,"text":"The Committee underlines the importance of assessment tools in the use of resources and recognizes the need to develop measurable indicators to assist States parties in monitoring and evaluating progress in the implementation of children’s right to health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","D. Investing in children’s health"]},{"id":"crc-c-gc-15-0108","docId":"crc-c-gc-15","idx":108,"n":108,"text":"States parties’ fulfilment of their obligations under article 24 requires engagement in a cyclical process of planning, implementation, monitoring and evaluation to then inform further planning, modified implementation and renewed monitoring and evaluation efforts. States should ensure the meaningful participation of children and incorporate feedback mechanisms to facilitate necessary adjustments throughout the cycle.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0109","docId":"crc-c-gc-15","idx":109,"n":109,"text":"At the heart of the development, implementation and monitoring of policies, programmes and services that aim to realize children’s right to health is the availability of relevant and reliable data. This should include: appropriately disaggregated data across the life course of the child, with due attention to vulnerable groups; data on priority health problems, including new and neglected causes of mortality and morbidity; and data on the key determinants of children’s health. Strategic information requires data collected through routine health information systems, special surveys and research, and should include both quantitative and qualitative data. These data should be collected, analysed, disseminated and used to inform national and subnational policies and programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0110","docId":"crc-c-gc-15","idx":110,"n":110,"text":"The Committee notes that, in order to inform the implementation, monitoring and evaluation of activities to fulfil obligations under article 24, States should carry out situation analyses of existing problems, issues and infrastructure for delivery of services. The analysis should assess the institutional capacity and the availability of human, financial, and technical resources. Based on the outcome of the analysis, a strategy should be developed involving all stakeholders, both State and non-State actors and children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0111","docId":"crc-c-gc-15","idx":111,"n":111,"text":"The situation analysis will provide a clear idea of national and subnational priorities and strategies for their achievement. Benchmarks and targets, budgeted action plans and operational strategies should be established along with a framework for monitoring and evaluating policies, programmes and services and promoting accountability for children’s health. This will highlight how to build and strengthen existing structures and systems to be consonant with the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0112","docId":"crc-c-gc-15","idx":112,"n":112,"text":"States should ensure that all children’s health services and programmes comply with the criteria of availability, accessibility, acceptability and quality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0113","docId":"crc-c-gc-15","idx":113,"n":113,"text":"States should ensure that there are functioning children’s health facilities, goods, services and programmes in sufficient quantity. States need to ensure that they have sufficient hospitals, clinics, health practitioners, mobile teams and facilities, community health workers, equipment and essential drugs to provide health care to all children, pregnant women and mothers within the State. Sufficiency should be measured according to need with particular attention given to under-served and hard to reach populations.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0114","docId":"crc-c-gc-15","idx":114,"n":114,"text":"The element of accessibility has four dimensions: Non-discrimination: Health and related services as well as equipment and supplies must be accessible to all children, pregnant women and mothers, in law and in practice, without discrimination of any kind; Physical accessibility: Health facilities must be within accessible distance for all children, pregnant women and mothers. Physical accessibility may require additional attention to the needs of children and women with disabilities. The Committee encourages States to prioritize the establishment of facilities and services in under-served areas and to invest in mobile outreach approaches, innovative technologies, and well-trained and supported community health workers, as ways of reaching especially vulnerable groups of children; Economic accessibility /affordability: Lack of ability to pay for services, supplies or medicines should not result in the denial of access. The Committee calls on States to abolish user fees and implement health-financing systems that do not discriminate against women and children on the basis of their inability to pay. Risk-pooling mechanisms such as tax and insurance should be implemented on the basis of equitable, means-based contributions;","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0115","docId":"crc-c-gc-15","idx":115,"n":115,"text":"Information accessibility: Information on health promotion, health status and treatment options should be provided to children and their caregivers in a language and format that is accessible and clearly understandable to them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0116","docId":"crc-c-gc-15","idx":116,"n":116,"text":"In the context of children’s right to health, the Committee defines acceptability as the obligation to design and implement all health-related facilities, goods and services in a way that takes full account of and is respectful of medical ethics as well as children’s needs, expectations, cultures, views and languages, paying special attention to certain groups, where necessary.","labels":["Children","Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0117","docId":"crc-c-gc-15","idx":117,"n":117,"text":"Health-related facilities, goods and services should be scientifically and medically appropriate and of good quality. Ensuring quality requires, inter alia, that (a) treatments, interventions and medicines are based on the best available evidence; (b) medical personnel are skilled and provided with adequate training on maternal and children’s health, and the principles and provisions of the Convention; (c) hospital equipment is scientifically approved and appropriate for children; (d) drugs are scientifically approved, have not expired, are child-specific (when necessary) and are monitored for adverse reactions; and (e) regular quality of care assessments of health institutions are conducted.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0118","docId":"crc-c-gc-15","idx":118,"n":118,"text":"A well-structured and appropriately disaggregated set of indicators should be established for monitoring and evaluation to meet the requirements under the performance criteria above. The data should be used to redesign and improve policies, programmes and services in support of fulfilment of children’s right to health. Health information systems should ensure that data should be reliable, transparent, and consistent, while protecting the right to privacy for individuals. States should regularly review their health information system, including vital registration and disease surveillance, with a view to its improvement.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0119","docId":"crc-c-gc-15","idx":119,"n":119,"text":"National accountability mechanisms should monitor, review and act on their findings. Monitoring means providing data on the health status of children, regularly reviewing the quality of children’s health services and how much is spent thereon and where, on what and on whom it is spent. This should include both routine monitoring and periodic, in-depth evaluations. Reviewing means analysing the data and consulting children, families, other caregivers and civil society to determine whether children’s health has improved and whether Governments and other actors have fulfilled their commitments. Acting means using evidence emerging from these processes to repeat and expand what is working and to remedy and reform what is not.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","F. Remedies for violations of the right to health"]},{"id":"crc-c-gc-15-0120","docId":"crc-c-gc-15","idx":120,"n":120,"text":"The Committee strongly encourages States to put in place functional and accessible complaints mechanisms for children that are community-based and render it possible for children to seek and obtain reparations when their right to health is violated or at risk. States should also provide for broad rights of legal standing, including class actions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","F. Remedies for violations of the right to health"]},{"id":"crc-c-gc-15-0121","docId":"crc-c-gc-15","idx":121,"n":121,"text":"States should ensure and facilitate access to courts for individual children and their caregivers and take steps to remove any barriers to access remedies for violations of children’s right to health. National human rights institutions, children’s ombudspersons, health-related professional associations and consumers’ associations can play an important role in this regard.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VII. Dissemination"]},{"id":"crc-c-gc-16-0001","docId":"crc-c-gc-16","idx":1,"n":1,"text":"The Committee on the Rights of the Child recognizes that the business sector’s impact on children’s rights has grown in past decades because of factors such as the globalized nature of economies and of business operations and the ongoing trends of decentralization, and outsourcing and privatizing of State functions that affect the enjoyment of human rights. Business can be an essential driver for societies and economies to advance in ways that strengthen the realization of children’s rights through, for example, technological advances, investment and the generation of decent work. However, the realization of children’s rights is not an automatic consequence of economic growth and business enterprises can also negatively impact children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0002","docId":"crc-c-gc-16","idx":2,"n":2,"text":"States have obligations regarding the impact of business activities and operations on children’s rights arising from the Convention on the Rights of the Child, the Optional Protocol on the sale of children, child prostitution and child pornography and the Optional Protocol on the involvement of children in armed conflict. These obligations cover a variety of issues, reflecting the fact that children are both rights-holders and stakeholders in business as consumers, legally engaged employees, future employees and business leaders and members of communities and environments in which business operates. The present general comment aims to clarify these obligations and outline the measures that should be undertaken by States to meet them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0003","docId":"crc-c-gc-16","idx":3,"n":3,"text":"For the purposes of the present general comment, the business sector is defined as including all business enterprises, both national and transnational, regardless of size, sector, location, ownership and structure. The general comment also addresses obligations regarding not-for-profit organizations that play a role in the provision of services that are critical to the enjoyment of children’s rights.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0004","docId":"crc-c-gc-16","idx":4,"n":4,"text":"4. It is necessary for States to have adequate legal and institutional frameworks to respect, protect and fulfil children’s rights, and to provide remedies in case of violations in the context of business activities and operations. In this regard, States should take into account that:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0005","docId":"crc-c-gc-16","idx":5,"n":5,"text":"Given the broad range of children’s rights that can be affected by business activities and operations, the present general comment does not examine every pertinent article of the Convention and its protocols. Instead it seeks to provide States with a framework for implementing the Convention as a whole with regard to the business sector whilst focusing on specific contexts where the impact of business activities on children’s rights can be most significant. The present general comment aims to provide States with guidance on how they should:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0006","docId":"crc-c-gc-16","idx":6,"n":6,"text":"The present general comment draws from the experience of the Committee in reviewing State parties’ reports and its day of general discussion on the private sector as service provider in 2002.[[fn:1]] It is also informed by regional and international consultations with numerous stakeholders, including children, as well as by public consultations that have taken place since 2011.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":1,"text":"Committee on the Rights of the Child, report on its thirty-first session, CRC/C/121, annex II."}],"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0007","docId":"crc-c-gc-16","idx":7,"n":7,"text":"The Committee is mindful of the relevance to the general comment of existing and evolving national and international norms, standards and policy guidance on business and human rights. The general comment is consistent with international conventions, including the International Labour Organization (ILO) Conventions No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and No. 138 (1973) concerning Minimum Age for Admission to Employment. The Committee recognizes the relevance of the United Nations “Protect, Respect and Remedy” Framework and the Guiding Principles on Business and Human Rights adopted by the Human Rights Council, and of the ILO Tripartite Declaration of Principles concerning Multinationals and Social Policy. Other documents, such as the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises, the Global Compact, the United Nations Study on Violence against Children and the Children’s Rights and Business Principles have been useful references for the Committee.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0008","docId":"crc-c-gc-16","idx":8,"n":8,"text":"The present general comment principally addresses States’ obligations under the Convention and the Optional Protocols thereto. At this juncture, there is no international legally binding instrument on the business sector’s responsibilities vis-à-vis human rights. However, the Committee recognizes that duties and responsibilities to respect the rights of children extend in practice beyond the State and State-controlled services and institutions and apply to private actors and business enterprises. Therefore, all businesses must meet their responsibilities regarding children’s rights and States must ensure they do so. In addition, business enterprises should not undermine the States’ ability to meet their obligations towards children under the Convention and the Optional Protocols thereto.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0009","docId":"crc-c-gc-16","idx":9,"n":9,"text":"The Committee acknowledges that voluntary actions of corporate responsibility by business enterprises, such as social investments, advocacy and public policy engagement, voluntary codes of conduct, philanthropy and other collective actions, can advance children’s rights. States should encourage such voluntary actions and initiatives as a means to create a business culture which respects and supports children’s rights. However, it should be emphasized that such voluntary actions and initiatives are not a substitute for State action and regulation of businesses in line with obligations under the Convention and its protocols or for businesses to comply with their responsibilities to respect children’s rights.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Scope and application"]},{"id":"crc-c-gc-16-0010","docId":"crc-c-gc-16","idx":10,"n":10,"text":"It is important to recall that the Convention and the Optional Protocols thereto engage the State as a whole, regardless of its internal structures, branches or organization. Furthermore, decentralization of power, through devolution and delegation, does not reduce the direct responsibility of the State to meet its obligations to all children within its jurisdiction.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Scope and application"]},{"id":"crc-c-gc-16-0011","docId":"crc-c-gc-16","idx":11,"n":11,"text":"The present general comment first considers the relationship between State obligations regarding business activities and the general principles of the Convention. It then defines the general nature and scope of State obligations with regards to children’s rights and the business sector. An examination follows of the scope of obligations in contexts where the impact of business activities and operations on children’s rights is most significant, including when business enterprises are service providers, children are affected in the informal economy, States engage with international organizations and businesses operate abroad in areas where there is insufficient State protection for children’s rights. The present general comment concludes by outlining a framework for implementation and dissemination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Scope and application"]},{"id":"crc-c-gc-16-0012","docId":"crc-c-gc-16","idx":12,"n":12,"text":"Children’s rights are universal, indivisible, interdependent and interrelated. The Committee has established four general principles within the Convention as the basis for all State decisions and actions relating to business activities and operations in [[fn:2]]conformity with a child rights approach.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":2,"text":"See Committee on the Rights of the Child, general comment No. 13 (2011) on the right of the child to be free from all forms of violence, Official Records of the General Assembly, Sixty-seventh Session, Supplement No. 41 (A/67/41), annex V, para. 59."}],"section":["II. Scope and application"]},{"id":"crc-c-gc-16-0013","docId":"crc-c-gc-16","idx":13,"n":13,"text":"Article 2 of the Convention calls on States to respect and ensure rights to each child in their jurisdiction “without discrimination of any kind, irrespective of a child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status”. States must ensure that all legislation, policies and programmes that deal with business issues are not intentionally or unintentionally discriminatory towards children in their content or implementation; for instance, those that address access to employment for parents or caregivers, or access to goods and services for children with disabilities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-16-0014","docId":"crc-c-gc-16","idx":14,"n":14,"text":"States are required to prevent discrimination in the private sphere in general and provide remedy if it occurs. States should collect statistical data that is appropriately disaggregated and other information to identify discrimination against children in the context of business activities and operations and mechanisms should be established to monitor and investigate discriminatory practices within the business sector. States should also take steps to create a supportive environment for business to respect the right to protection from discrimination by promoting knowledge and understanding of the right within the business sector, including within the media, marketing and advertising sectors. Awareness-raising and sensitization among business enterprises should be aimed at challenging and eradicating discriminatory attitudes towards all children, especially those in vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","A. The right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-16-0015","docId":"crc-c-gc-16","idx":15,"n":15,"text":"Article 3, paragraph 1, of the Convention provides that the best interests of the child shall be a primary consideration for States in all actions concerning children. States are obliged to integrate and apply this principle in all legislative, administrative and judicial proceedings concerning business activities and operations that directly or indirectly impact on children. For example, States must ensure that the best interests of the child are central to the development of legislation and policies that shape business activities and operations, such as those relating to employment, taxation, corruption, privatization, transport and other general economic, trade or financial issues.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","A. The right to non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-16-0016","docId":"crc-c-gc-16","idx":16,"n":16,"text":"Article 3, paragraph 1, is also directly applicable to business enterprises that function as private or public social welfare bodies by providing any form of direct services for children, including care, foster care, health, education and the administration of detention facilities.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","B. The best interests of the child (art. 3, para. 1)"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-16-0017","docId":"crc-c-gc-16","idx":17,"n":17,"text":"The Convention and the Optional Protocols thereto provide the framework for assessing and determining the best interests of the child. The obligation to make the best interests of the child a primary consideration becomes crucial when States are engaged in weighing competing priorities, such as short-term economic considerations and longer-term development decisions. States should be in a position to explain how the right to have the best interests of the child considered has been respected in decision-making, including h[[fn:3]]ow it has been weighed against other considerations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":3,"text":"See General Comment No. 14 (2013) on the right of the child to have his/her best interests taken as a primary consideration: article 3, paragraph 1, of the Convention on the Rights of the Child, forthcoming, para. 6."}],"section":["III. General principles of the Convention as they relate to business activities","B. The best interests of the child (art. 3, para. 1)"]},{"id":"crc-c-gc-16-0018","docId":"crc-c-gc-16","idx":18,"n":18,"text":"Article 6 of the Convention acknowledges that every child has an inherent right to life and that States shall ensure the survival and development of the child. The Committee states its understanding of development of the child in general comment No. 5 (2003) on general measures of implementation of the Convention, as a “holistic concept, embracing the child’s physical, mental, spiritual, moral, psychological and social development[[fn:4]]”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":4,"text":"See Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex XI, para. 12."}],"section":["III. General principles of the Convention as they relate to business activities","B. The best interests of the child (art. 3, para. 1)"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-16-0019","docId":"crc-c-gc-16","idx":19,"n":19,"text":"The activities and operations of business enterprises can impact on the realization of article 6 in different ways. For example, environmental degradation and contamination arising from business activities can compromise children’s rights to health, food security and access to safe drinking water and sanitation. Selling or leasing land to investors can deprive local populations of access to natural resources linked to their subsistence and cultural heritage; the rights of indigenous children may be particularly at risk in this context.[[fn:5]] The marketing to children of products such as cigarettes and alcohol as well as foods and drinks high in saturated fats, trans-fatty acids, sugar, salt or additives can have a long-term impact on their health[[fn:6]]. When business employment practices require adults to work long hours, older children, particularly girls, may take on their parent’s domestic and childcare obligations, which can negatively impact their right to education and to play; additionally, leaving children alone or in the care of older siblings can have implications for the quality of care and the health of younger children.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":5,"text":"General comment No. 11 (2009) on indigenous children and their rights under the convention, Official Records of the General Assembly, Sixty-fifth Session, Supplement No. 41 (A/65/41), annex III, para. 35."},{"n":6,"text":"See general comment No. 15 (2013) on the right of the child to the highest attainable standard of health, forthcoming, para. 47."}],"section":["III. General principles of the Convention as they relate to business activities","C. The right to life, survival and development (art. 6)"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-16-0020","docId":"crc-c-gc-16","idx":20,"n":20,"text":"Measures for implementing article 6 with regard to the business sector will need to be adapted according to context and include preventive measures such as effective regulation and monitoring of advertising and marketing industries and the environmental impact of business. In the context of care of children, particularly young children, other measures will be needed for creating an enabling environment for business to respect article 6 through, for example, the introduction of family-friendly workplace policies. Such policies must take account of the impact of working hours of adults on the survival and development of the child at all stages of development and must i[[fn:7]]nclude adequately remunerated parental leave.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":7,"text":"See passim general comment No. 7 (2005) on implementing child rights in early childhood, Official Records of the General Assembly, Sixty-first Session, Supplement No. 41 (A/61/41), annex III."}],"section":["III. General principles of the Convention as they relate to business activities","C. The right to life, survival and development (art. 6)"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-16-0021","docId":"crc-c-gc-16","idx":21,"n":21,"text":"Article 12 of the Convention establishes the right of every child to freely express her or his views, in all matters affecting her or him, and the subsequent right for those views to be given due weight, according to the child’s age and maturity. States should hear children’s views regularly – in line with general comment No. 12[[fn:8]] – when developing national and local-level business-related laws and policies that may affect them. In particular, States should consult with children who face difficulties in making themselves heard, such as the children of minority and indigenous groups, children with disabilities as stated in articles 4, paragraph 3, and 7 of the Convention on the Rights of Persons with Disabilities[[fn:9]], and children in similar situations of vulnerability. Governmental bodies, such as education and labour inspectorates, concerned with regulating and monitoring the activities and operations of business enterprises should ensure that they take into account the views of affected children. States should also hear children when child-rights impact assessments of proposed business-related policy, legislation, regulations, budget or other administrative decisions are undertaken.","labels":["Indigenous peoples","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":8,"text":"General comment No. 12 (2009) on the right of the child to be heard, Official Records of the General Assembly, Sixty-fifth Session, Supplement No. 41 (A/65/41), annex IV."},{"n":9,"text":"General comment No. 9 (2006) on the rights of children with disabilities, Official Records of the General Assembly, Sixty-third Session, Supplement No. 41 (A/63/41), annex III, passim."}],"section":["III. General principles of the Convention as they relate to business activities","C. The right to life, survival and development (art. 6)"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crc-c-gc-16-0022","docId":"crc-c-gc-16","idx":22,"n":22,"text":"Children have a specific right “to be heard in any judicial and administrative proceedings affecting the child” (art. 12, para. 3, of the Convention). This includes judicial proceedings and mechanisms of conciliation and arbitration that concern abuses of children’s rights caused or contributed to by business enterprises. As set out in general comment No. 12, children should be allowed to voluntarily participate in such proceedings and be provided the opportunity to be heard directly or indirectly through the assistance of a representative or appropriate body that has sufficient knowledge and understanding of the various aspects of the decision-making process as well as experience in working with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","D. The right of the child to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-16-0023","docId":"crc-c-gc-16","idx":23,"n":23,"text":"There may be instances when business consults communities that may be affected by a potential business project. In such circumstances, it can be critical for business to seek the views of children and consider them in decisions that affect them. States should provide businesses with specific guidance emphasizing that such processes must be accessible, inclusive and meaningful to children and take into account the evolving capacities of children and their best interests at all times. Participation should be voluntary and occur in a child-friendly environment that challenges and does not reinforce patterns of discrimination against children. Where possible, civil society organizations that are competent in facilitating child participation should be involved.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","D. The right of the child to be heard (art. 12)"]},{"id":"crc-c-gc-16-0024","docId":"crc-c-gc-16","idx":24,"n":24,"text":"The Convention provides for a set of rights for children that impose a particular level of obligations on the State in view of the special status of children; there is a particular gravity to violations of children’s rights because they often have severe and long-lasting impact on child development. Article 4 sets out the obligation for States to undertake all appropriate legislative, administrative and other measures for the implementation of the rights in the Convention and devote the maximum amount of available resources to the realization of economic, social and cultural rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","D. The right of the child to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-16-0025","docId":"crc-c-gc-16","idx":25,"n":25,"text":"Under international human rights law there are three types of obligation on States: to respect, to protect and to fulfil [[fn:10]]human rights. They encompass obligations of result and obligations of conduct. States are not relieved of their obligations under the Convention and the Optional Protocols thereto when their functions are delegated or outsourced to a private business or non-profit organization. A State will thereby be in breach of its obligations under the Convention where it fails to respect, protect and fulfil children’s rights in relation to business activities and operations that impact on children. The scope of these duties is explored further below, whilst the required framework for implementation is discussed in chapter VI.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":10,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 13 (1999) on the right to education, Official Records of the Economic and Social Council, 2000, Supplement No. 2 (E/2000/22), annex VI, para. 46."}],"section":["IV. Nature and scope of State obligations","A. General obligations"]},{"id":"crc-c-gc-16-0026","docId":"crc-c-gc-16","idx":26,"n":26,"text":"The obligation to respect means that States should not directly or indirectly facilitate, aid and abet any infringement of children’s rights. Furthermore, States have the obligation to ensure that all actors respect children’s rights, including in the context of business activities and operations. To achieve this, all business-related policy, legislation or administrative acts and decision-making should be transparent, informed and include full and continuous consideration of the impact on the rights of the child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","A. General obligations"]},{"id":"crc-c-gc-16-0027","docId":"crc-c-gc-16","idx":27,"n":27,"text":"The obligation to respect also implies that a State should not engage in, support or condone abuses of children’s rights when it has a business role itself or conducts business with private enterprises. For example, States must take steps to ensure that public procurement contracts are awarded to bidders that are committed to respecting children’s rights. State agencies and institutions, including security forces, should not collaborate with or condone the infringement of the rights of the child by third parties. Furthermore, States should not invest public finances and other resources in business activities that violate children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","1.The obligation to respect"]},{"id":"crc-c-gc-16-0028","docId":"crc-c-gc-16","idx":28,"n":28,"text":"States have an obligation to protect against infringements of rights guaranteed under the Convention and the Optional Protocols thereto by third parties. This duty is of primary importance when considering States’ obligations with regards to the business sector. It means that States must take all necessary, appropriate and reasonable measures to prevent business enterprises from causing or contributing to abuses of children’s rights. Such measures can encompass the passing of law and regulation, their monitoring and enforcement, and policy adoption that frame how business enterprises can impact on children’s rights. States must investigate, adjudicate and redress violations of children’s rights caused or contributed to by a business enterprise. A State is therefore responsible for infringements of children’s rights caused or contributed to by business enterprises where it has failed to undertake necessary, appropriate and reasonable measures to prevent and remedy such infringements or otherwise collaborated with or tolerated the infringements.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","1.The obligation to respect"]},{"id":"crc-c-gc-16-0029","docId":"crc-c-gc-16","idx":29,"n":29,"text":"The obligation to fulfil requires States to take positive action to facilitate, promote and provide for the enjoyment of children’s rights. This means that States must implement legislative, administrative, budgetary, judicial, promotional and other measures in conformity with article 4 relating to business activities that impact on children’s rights. Such measures should ensure the best environment for full realization of the Convention and the Optional Protocols thereto. To meet this obligation, States should provide stable and predictable legal and regulatory environments which enable business enterprises to respect children’s rights. This includes clear and well-enforced law and standards on labour, employment, health and safety, environment, anti-corruption, land use and taxation that comply with the Convention and the Optional Protocols thereto. It also includes law and policies designed to create equality of opportunity and treatment in employment; measures to promote vocational training and decent work, and to raise living standards; and policies conducive to the promotion of small and medium enterprises. States should put in place measures to promote knowledge and understanding of the Convention and the Optional Protocols thereto within government departments, agencies and other State-based institutions that shape business practices, and foster a culture in business that is respectful of children’s rights.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","2.The obligation to protect"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-16-0030","docId":"crc-c-gc-16","idx":30,"n":30,"text":"States have an obligation to provide effective remedies and reparations for violations of the rights of the child, including by third parties such as business enterprises. The Committee states in its general comment No. 5 that for rights to have meaning, effective remedies must be available to redress violations.[[fn:11]] Several provisions in the Convention call for penalties, compensation, judicial action and measures to promote recovery after harm caused or contributed to by third parties[[fn:12]]. Meeting this obligation entails having in place child-sensitive mechanisms – criminal, civil or administrative – that are known by children and their representatives, that are prompt, genuinely available and accessible and that provide adequate reparation for harm suffered. Agencies with oversight powers relevant to children’s rights, including labour, education and health and safety inspectorates, environmental tribunals, taxation authorities, national human rights institutions and bodies focusing on equality in the business sector can also play a role in the provision of remedies. These agencies can proactively investigate and monitor abuses and may also have regulatory powers allowing them to impose administrative sanctions on businesses which infringe on children’s rights. In all cases, children should have recourse to independent and impartial justice, or judicial review of administrative proceedings.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":11,"text":"General comment No. 5 (2003), para. 24. States should also take into account the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law adopted by General Assembly resolution 60/147 of 2005."},{"n":12,"text":"For example, see Convention on the Rights of the Child, arts. 32, para. 2; 19; and 39."}],"section":["IV. Nature and scope of State obligations","3.The obligation to fulfil"]},{"id":"crc-c-gc-16-0031","docId":"crc-c-gc-16","idx":31,"n":31,"text":"When determining the level or form of reparation, mechanisms should take into account that children can be more vulnerable to the effects of abuse of their rights than adults and that the effects can be irreversible and result in lifelong damage. They should also take into account the evolving nature of children’s development and capacities and reparation should be timely to limit ongoing and future damage to the child or children affected; for example, if children are identified as victims of environmental pollution, immediate steps should be taken by all relevant parties to prevent further damage to the health and development of children and repair any damage done. States should provide medical and psychological assistance, legal support and measures of rehabilitation to children who are victims of abuse and violence caused or contributed to by business actors. They should also guarantee non-recurrence of abuse through, for example, reform of relevant law and policy and their application, including prosecution and sanction of the business actors concerned.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","4.Remedies and reparations"]},{"id":"crc-c-gc-16-0032","docId":"crc-c-gc-16","idx":32,"n":32,"text":"Business activities and operations can impact on a broad range of children’s rights. However, the Committee has identified the following non-exhaustive, specific contexts where the impact of business enterprises can be significant and where States’ legal and institutional frameworks are often insufficient, ineffective or under pressure.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","4.Remedies and reparations"]},{"id":"crc-c-gc-16-0033","docId":"crc-c-gc-16","idx":33,"n":33,"text":"Business enterprises and non-profit organizations can play a role in the provision and management of services such as clean water, sanitation, education, transport, health, alternative care, energy, security and detention facilities that are critical to the enjoyment of children’s rights. The Committee does not prescribe the form of delivery of such services but it is important to emphasize that States are not exempted from their obligations under the Convention when they outsource or privatize services that impact on the fulfilment of children’s rights.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts"]},{"id":"crc-c-gc-16-0034","docId":"crc-c-gc-16","idx":34,"n":34,"text":"States must adopt specific measures that take account of the involvement of the private sector in service delivery to ensure the rights enumerated in the Convention are not compromised.[[fn:13]] They have an obligation to set standards in conformity with the Convention and closely monitor them. Inadequate oversight, inspection and monitoring of these bodies can result in serious violations of children’s rights such as violence, exploitation and neglect. They must ensure that such provision does not threaten children’s access to services on the basis of discriminatory criteria, especially under the principle of protection from discrimination, and that, for all service sectors, children have access to an independent monitoring body, complaints mechanisms and, where relevant, to judicial recourse that can provide them with effective remedies in case of violations. The Committee recommends that there should be a permanent monitoring mechanism or process aimed at ensuring that all non-State service providers have in place and apply policies, programmes and procedures which are in compliance with the Convention.[[fn:14]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":13,"text":"See Committee on the Rights of the Child, report on its thirty-first session, CRC/C/121, annex II."},{"n":14,"text":"See general comment No. 5, para. 44."}],"section":["V. State obligations in specific contexts","A. Provision of services for the enjoyment of children’s rights"]},{"id":"crc-c-gc-16-0035","docId":"crc-c-gc-16","idx":35,"n":35,"text":"The informal economy engages an important part of the economically active population in many countries and contributes significantly to gross national product. However, children’s rights can be particularly at risk from business activities that take place outside of the legal and institutional frameworks that regulate and protect rights. For example, products that are manufactured or handled in this context, such as toys, garments or foodstuffs, can be unhealthy and/or unsafe for children. Also, a concentrated number of children are often found in hidden areas of informal work, such as small family enterprises, agricultural and hospitality sectors. Such work frequently involves precarious employment status, low, irregular or no remuneration, health risks, a lack of social security, limited freedom of association and inadequate protection from discrimination and violence or exploitation. It can prevent children from attending school, doing schoolwork and having adequate rest and play, potentially infringing articles 28, 29 and 31 of the Convention. Moreover, parents or caregivers working in the informal economy often have to work long hours to obtain subsistence-level earnings, thus seriously limiting their opportunities to exercise parental responsibilities or care for children in their charge.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","A. Provision of services for the enjoyment of children’s rights"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-16-0036","docId":"crc-c-gc-16","idx":36,"n":36,"text":"States should put in place measures to ensure that business activities take place within appropriate legal and institutional frameworks in all circumstances regardless of size or sector of the economy so that children’s rights can be clearly recognized and protected. Such measures can include: awareness-raising, conducting research and gathering data on the impact of the informal economy upon children’s rights, supporting the creation of decent jobs that provide adequate pay to working parents or caregivers; implementing clear and predictable land-use laws; improving the provision of social protection to low-income families; and supporting informal sector enterprises by providing skills training, registration facilities, effective and flexible credit and banking services, appropriate tax arrangements and access to markets, inter alia.","labels":["Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","B. The informal economy"]},{"id":"crc-c-gc-16-0037","docId":"crc-c-gc-16","idx":37,"n":37,"text":"States must regulate working conditions and ensure safeguards to protect children from economic exploitation and work that is hazardous or interferes with their education or harms their health or physical, mental, spiritual, moral or social development. Such work is often found, albeit not exclusively, within the informal and family economies. Therefore, States are required to design and implement programmes aimed at reaching businesses in these contexts, including by enforcing international standards regarding legal minimum age for work and appropriate conditions of work, investing in education and vocational training and providing support for the satisfactory transition of children to the world of work. States should ensure that social and child protection policies reach all, especially families in the informal economy.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","B. The informal economy"]},{"id":"crc-c-gc-16-0038","docId":"crc-c-gc-16","idx":38,"n":38,"text":"Business enterprises increasingly operate on a global scale through complex networks of subsidiaries, contractors, suppliers and joint ventures. Their impact on children’s rights, whether positive or negative, is rarely the result of the action or omission of a single business unit, whether it is the parent company, subsidiary, contractor, supplier or others. Instead, it may involve a link or participation between businesses units located in different jurisdictions. For example, suppliers may be involved in the use of child labour, subsidiaries may be engaged in land dispossession and contractors or licensees may be involved in the marketing of goods and services that are harmful to children. There are particular difficulties for States in discharging their obligations to respect, protect and fulfil the rights of the child in this context owing, among other reasons, to the fact that business enterprises are often legally separate entities located in different jurisdictions even when they operate as an economic unit which has its centre of activity, registration and/or domicile in one country (the home State) and is operational in another (the host State).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","B. The informal economy"]},{"id":"crc-c-gc-16-0039","docId":"crc-c-gc-16","idx":39,"n":39,"text":"Under the Convention, States have the obligation to respect and ensure children’s rights within their jurisdiction. The Convention does not limit a State’s jurisdiction to “territory”. In accordance with international law, the Committee has previously urged States to protect the rights of children who may be beyond their territorial borders. It has also emphasized that State obligations under the Convention and the Optional Protocols thereto apply to each child within a State’s territory and to all children subject to a State’s jurisdiction[[fn:15]].","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":15,"text":"General comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, Official Records of the General Assembly, Sixty-first Session, Supplement No. 41 (A/61/41), annex II, para. 12."}],"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0040","docId":"crc-c-gc-16","idx":40,"n":40,"text":"Extraterritorial obligations are also explicitly referred to in the Optional Protocol on the sale of children, child prostitution and child pornography. Article 3, paragraph 1, provides that each State shall ensure that, as a minimum, offences under it are fully covered by its criminal or penal law, whether such offences are committed domestically or transnationally. Under article 3, paragraph 4, of Optional Protocol on the sale of children, child prostitution and child pornography, liability for these offences, whether criminal, civil or administrative, should be established for legal persons, including business enterprises. This approach is consistent with other human rights treaties and instruments that impose obligations on States to establish criminal jurisdiction over nationals in relation to areas such as complicity in torture, enforced disappearance and apartheid, no matter where the abuse and the act constituting complicity is committed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"],"citedArticles":[{"article":"3","paragraph":"1","treaty":"CRC-OPSC","confidence":"high","source":"sonnet","rationale":"Text explicitly reads 'Article 3, paragraph 1, provides that each State shall ensure that, as a minimum, offences under it are fully covered…' referring to the Optional Protocol on the sale of children (CRC-OPSC). The paragraph then cites 'article 3, paragraph 4, of Optional Protocol on the sale of children'. Both regex_refs map to CRC art. 3 by default, but textual evidence is unambiguous that these are CRC-OPSC art. 3 references."},{"article":"3","paragraph":"4","treaty":"CRC-OPSC","confidence":"high","source":"sonnet","rationale":"Explicitly 'article 3, paragraph 4, of Optional Protocol on the sale of children, child prostitution and child pornography' — CRC-OPSC art. 3(4)."}]},{"id":"crc-c-gc-16-0041","docId":"crc-c-gc-16","idx":41,"n":41,"text":"States have obligations to engage in international cooperation for the realization of children’s rights beyond their territorial boundaries. The preamble and the provisions of the Convention consistently refer to the “importance of international cooperation for improving the living conditions of children in every country, in particular in the developing countries”[[fn:16]]. General comment No. 5 emphasizes that “implementation of the Convention is a cooperative exercise for the States of the world[[fn:17]]”. As such, the full realization of children’s rights under the Convention is in part a function of how States interact. Furthermore, the Committee highlights that the Convention has been nearly universally ratified; thus realization of its provisions should be of major and equal concern to both host and home States of business enterprises.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":16,"text":"See Convention on the Rights of the Child, arts. 4; 24, para. 4; 28, para. 3; 17 and 22, para. 2; as well as Optional Protocol on the sale of children, child prostitution and child pornography, art. 10, and Optional Protocol on the involvement of children in armed conflict, art. 10."},{"n":17,"text":"General comment No. 5, para. 60."}],"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0042","docId":"crc-c-gc-16","idx":42,"n":42,"text":"Host States have the primary responsibility to respect, protect and fulfil children’s rights in their jurisdiction. They must ensure that all business enterprises, including transnational corporations operating within their borders, are adequately regulated within a legal and institutional framework that ensures that they do not adversely impact on the rights of the child and/or aid and abet violations in foreign jurisdictions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0043","docId":"crc-c-gc-16","idx":43,"n":43,"text":"Home States also have obligations, arising under the Convention and the Optional Protocols thereto, to respect, protect and fulfil children’s rights in the context of businesses’ extraterritorial activities and operations, provided that there is a reasonable link between the State and the conduct concerned. A reasonable link exists when a business enterprise has its centre of activity, is registered or domiciled or has its main place of business or substantial business activities in the State concerned.[[fn:18]] When adopting measures to meet this obligation, States must not violate the Charter of the United Nations and general international law nor diminish the obligations of the host State under the Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":18,"text":"See Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights, principle 25 (2012)."}],"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0044","docId":"crc-c-gc-16","idx":44,"n":44,"text":"States should enable access to effective judicial and non-judicial mechanisms to provide remedy for children and their families whose rights have been violated by business enterprises extraterritorially when there is a reasonable link between the State and the conduct concerned. Furthermore, States should provide international assistance and cooperation with investigations and enforcement of proceedings in other States.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0045","docId":"crc-c-gc-16","idx":45,"n":45,"text":"Measures to prevent the infringement of children’s rights by business enterprises when they are operating abroad include:","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0046","docId":"crc-c-gc-16","idx":46,"n":46,"text":"Both home and host States should establish institutional and legal frameworks that enable businesses to respect children’s rights across their global operations. Home States should ensure that there are effective mechanisms in place so that the government agencies and institutions with responsibility for implementation of the Convention and the Optional Protocols thereto coordinate effectively with those responsible for trade and investment abroad. They should also build capacity so that development assistance agencies and overseas missions that are responsible for promoting trade can integrate business issues into bilateral human rights dialogues, including children’s rights, with foreign Governments. States that adhere to the OECD Guidelines for Multinational Enterprises should support their national contact points in providing mediation and conciliation for matters that arise extraterritorially by ensuring that they are adequately resourced, independent and mandated to work to ensure respect for children’s rights in the context of business issues. Recommendations issued by bodies such as the OECD national contact points should be given adequate effect.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0047","docId":"crc-c-gc-16","idx":47,"n":47,"text":"All States are called upon, under article 4 of the Convention, to cooperate directly in the realization of the rights in the Convention through international cooperation and through their membership in international organizations. In the context of business activities, these international organizations include international development, finance and trade institutions, such as the World Bank Group, the International Monetary Fund and the World Trade Organization, and others of a regional scope, in which States act collectively. States must comply with their obligations under the Convention and the Optional Protocols thereto when acting as members of such organizations and they should not accept loans from international organizations, or agree to conditions set forth by such organizations, if these loans or policies are likely to result in violations of the rights of children. States also retain their obligations in the field of development cooperation and should ensure that cooperation policies and programmes are designed and implemented in compliance with the Convention and the Optional Protocols thereto.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-16-0048","docId":"crc-c-gc-16","idx":48,"n":48,"text":"A State engaged with international development, finance and trade organizations must take all reasonable actions and measures to ensure that such organizations act in accordance with the Convention and the Optional Protocols thereto in their decision-making and operations, as well as when entering into agreements or establishing guidelines relevant to the business sector. Such actions and measures should go beyond the eradication of child labour and include the full realization of all children’s rights. International organizations should have standards and procedures to assess the risk of harm to children in conjunction with new projects and to take measures to mitigate risks of such harm. These organizations should put in place procedures and mechanisms to identify, address and remedy violations of children’s rights in accordance with existing international standards, including when they are committed by or result from activities of businesses linked to or funded by them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0049","docId":"crc-c-gc-16","idx":49,"n":49,"text":"There are particular challenges for both host and home States in meeting their obligations to respect, protect and fulfil the rights of the child when businesses are operating in situations where protection institutions do not work properly because of conflict, disaster or the breakdown of social or legal order. It is important to emphasize that the Convention and the Optional Protocols thereto apply at all times and that there are no provisions allowing for derogation of their provisions during emergencies.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","D. International organizations"]},{"id":"crc-c-gc-16-0050","docId":"crc-c-gc-16","idx":50,"n":50,"text":"In such contexts, there may be a greater risk of child labour being used by business enterprises ¬(including within supply chains and subsidiaries), of child soldiers being used or of corruption and tax evasion occurring. Given the heightened risks, home States should require business enterprises operating in situations of emergency and conflict to undertake stringent child-rights due diligence tailored to their size and activities. Home States should also develop and implement laws and regulations that address specific foreseeable risks to children’s rights from business enterprises that are operating transnationally. This can include a requirement to publish actions taken to ensure that companies’ operations do not contribute to serious violations of children’s rights, and a prohibition on the sale or transfer of arms and other forms of military assistance when the final destination is a country in which children are known to be, or may potentially be, recruited or used in hostilities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","D. International organizations"]},{"id":"crc-c-gc-16-0051","docId":"crc-c-gc-16","idx":51,"n":51,"text":"A home State should provide businesses with current, accurate and comprehensive information of the local children’s rights context when they are operating or planning to operate in areas affected by conflict or emergency. Such guidance should emphasize that companies have identical responsibilities to respect children’s rights in such settings as they do elsewhere. Children can be affected by violence, including sexual abuse or exploitation, child trafficking and gender-based violence in conflict zones and this must be recognized by States when providing guidance to businesses.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","E. Emergencies and conflict situations"]},{"id":"crc-c-gc-16-0052","docId":"crc-c-gc-16","idx":52,"n":52,"text":"The obligations of host and home States under the relevant provisions of the Convention should be emphasized when business is operating in areas affected by conflict: Article 38 requires respect for the rules of international humanitarian law, article 39 obliges States to provide appropriate psychological recovery and social reintegration and the Optional Protocol on the involvement of children in armed conflict contains provisions regarding recruitment of children into armed forces under 18 years of age. When operating in areas affected by conflict, business enterprises may employ private security companies and may risk being involved in violations such as exploitation and/or use of violence against children in the course of protecting facilities or other operations. To prevent this, both home and host States should introduce and implement national legislation that includes a specific prohibition on such companies recruiting children or using them in hostilities; requirements for effective measures to protect children from violence and exploitation; and mechanisms for holding personnel accountable for abuses of children’s rights.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","E. Emergencies and conflict situations"],"citedArticles":[{"article":"38","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 38 of CRC — respect for rules of international humanitarian law. Home treaty CRC; text explicitly labels each article."},{"article":"39","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 39 of CRC — psychological recovery and social reintegration. Home treaty CRC."}]},{"id":"crc-c-gc-16-0053","docId":"crc-c-gc-16","idx":53,"n":53,"text":"Legislation and regulation are essential instruments for ensuring that the activities and operations of business enterprises do not adversely impact on or violate the rights of the child. States should enact legislation that gives effect to the rights of the child by third parties and provides a clear and predictable legal and regulatory environment which enables business enterprises to respect children’s rights. To meet their obligation to adopt appropriate and reasonable legislative and regulatory measures to ensure that business enterprises do not infringe on children’s rights, States will need to gather data, evidence and research for identifying specific business sectors of concern.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","E. Emergencies and conflict situations"]},{"id":"crc-c-gc-16-0054","docId":"crc-c-gc-16","idx":54,"n":54,"text":"In conformity with article 18, paragraph 3, of the Convention, States should create employment conditions within business enterprises which assist working parents and caregivers in fulfilling their responsibilities to children in their care such as: the introduction of family-friendly workplace policies, including parental leave; support and facilitate breastfeeding; access to quality childcare services; payment of wages sufficient for an adequate standard of living; protection from discrimination and violence in the workplace; and, security and safety in the workplace.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","E. Emergencies and conflict situations"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-16-0055","docId":"crc-c-gc-16","idx":55,"n":55,"text":"Ineffective taxation systems, corruption and mismanagement of government revenues from, among others, State-owned businesses and corporate taxation, can limit the resources available for the fulfilment of children’s rights in accordance with article 4 of the Convention. In addition to any existing obligations under anti-bribery and anti-corruption instruments,[[fn:19]] States should develop and implement effective laws and regulations to obtain and manage revenue flows from all sources, ensuring transparency, accountability and equity.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":19,"text":"Such as the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and/or the United Nations Convention Against Corruption."}],"section":["VI. Framework for implementation","1.Legislation and regulation"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-16-0056","docId":"crc-c-gc-16","idx":56,"n":56,"text":"States should implement article 32 of the Convention to ensure the prohibition of economic exploitation and hazardous work for children. Some children are above the minimum working age, in line with international standards, and therefore can be legitimately working as employees, while still needing to be protected, for instance, from work that is hazardous to their health, safety or moral development and ensuring that their rights to education, development and recreation are promoted and protected.[[fn:20]] States must set a minimum age for employment; appropriately regulate working hours and conditions; and establish penalties to effectively enforce article 32. They must have functioning labour inspection and enforcement systems and capacities in place. States should also ratify and enact into domestic law both of the fundamental ILO conventions relating to child labour[[fn:21]]. Under article 39, States must take all appropriate measures to promote the physical and psychological recovery and social reintegration of a child who has experienced any form of violence, neglect, exploitation, or abuse, including economic exploitation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":20,"text":"See general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts (art. 31), forthcoming."},{"n":21,"text":"ILO Conventions Nos. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and 138 (1973) concerning Minimum Age for Admission to Employment."}],"section":["VI. Framework for implementation","1.Legislation and regulation"],"citedArticles":[{"treaty":"CRC","article":"32","source":"regex"},{"treaty":"CRC","article":"32","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-c-gc-16-0057","docId":"crc-c-gc-16","idx":57,"n":57,"text":"States are also required to implement and enforce internationally agreed standards concerning children’s rights, health and business, including the World Health Organization Framework Convention on Tobacco Control, and the International Code of Marketing of Breast-milk Substitutes and relevant subsequent World Health Assembly resolutions. The Committee is aware that the activities and operations of the pharmaceutical sector can have a profound impact on the health of children. Pharmaceutical companies should be encouraged to improve the access, availability, acceptability and quality of medicines for children taking into consideration existing guidance[[fn:22]]. Furthermore, intellectual property rights should be applied in ways that promote the affordability of medicines.[[fn:23]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":22,"text":"Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines; Human Rights Council resolution 15/22."},{"n":23,"text":"See general comment No. 15, para. 82; World Trade Organization, Declaration on the TRIPS Agreement and Public Health, WT/MIN(01)/DEC/2."}],"section":["VI. Framework for implementation","1.Legislation and regulation"]},{"id":"crc-c-gc-16-0058","docId":"crc-c-gc-16","idx":58,"n":58,"text":"The mass media industry, including advertising and marketing industries, can have positive as well as negative impacts on children’s rights. Under article 17 of the Convention, States have obligations to encourage the mass media, including private media, to disseminate information and materials of social and cultural benefit to the child, for example regarding healthy lifestyles. The media must be regulated appropriately to protect children from harmful information, especially pornographic materials and materials that portray or reinforce violence, discrimination and sexualized images of children, while recognizing children's right to information and freedom of expression. States should encourage the mass media to develop guidelines to ensure full respect for the rights of the child, including their protection from violence and from portrayals that perpetuate discrimination, in all media coverage. States should establish copyright exceptions which permit the reproduction of books and other printed publications in formats that are accessible for children with visual or other impairments.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","1.Legislation and regulation"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-c-gc-16-0059","docId":"crc-c-gc-16","idx":59,"n":59,"text":"Children may regard marketing and advertisements that are transmitted through the media as truthful and unbiased and consequently can consume and use products that are harmful. Advertising and marketing can also have a powerful influence over children’s self-esteem, for example when portraying unrealistic body images. States should ensure that marketing and advertising do not have adverse impacts on children’s rights by adopting appropriate regulation and encouraging business enterprises to adhere to codes of conduct and use clear and accurate product labelling and information that allow parents and children to make informed consumer decisions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","1.Legislation and regulation"]},{"id":"crc-c-gc-16-0060","docId":"crc-c-gc-16","idx":60,"n":60,"text":"Digital media is of particular concern, as many children can be users of the Internet but also become victims of violence such as cyber-bullying, cyber-grooming, trafficking or sexual abuse and exploitation through the Internet. Although companies may not be directly involved in such criminal acts, they can be complicit in these violations through their actions; for example, child sex tourism can be facilitated by travel agencies operating on the Internet, as they enable the exchange of information and the planning of sex tourism activities. Child pornography can be indirectly facilitated by Internet businesses and credit-card providers. As well as meeting their obligations under the Optional Protocol on the sale of children, child prostitution and child pornography, States should provide children with age-appropriate information regarding web-related safety so they can manage the risks and know where to go for help. They should coordinate with the information and communication technology industry so that it develops and puts in place adequate measures to protect children from violent and inappropriate material.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","1.Legislation and regulation"]},{"id":"crc-c-gc-16-0061","docId":"crc-c-gc-16","idx":61,"n":61,"text":"Generally, it is the lack of implementation or the poor enforcement of laws regulating business that pose the most critical problems for children. There are a number of measures States should employ to ensure effective implementation and enforcement, including:","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","1.Legislation and regulation"]},{"id":"crc-c-gc-16-0062","docId":"crc-c-gc-16","idx":62,"n":62,"text":"To meet their obligation to adopt measures to ensure that business enterprises respect children’s rights, States should require businesses to undertake child-rights due diligence. This will ensure that business enterprises identify, prevent and mitigate their impact on children's rights including across their business relationships and within global operations[[fn:24]]. Where there is a high risk of business enterprises being involved in violations of children’s rights because of the nature of their operations or their operating contexts, States should require a stricter process of due diligence and an effective monitoring system.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":24,"text":"See UNICEF, Save the Children and Global Compact, Children’s Rights and Business Principles (2011)."}],"section":["VI. Framework for implementation","1.Legislation and regulation"]},{"id":"crc-c-gc-16-0063","docId":"crc-c-gc-16","idx":63,"n":63,"text":"Where child-rights due diligence is subsumed within a more general process of human-rights due diligence, it is imperative that the provisions of the Convention and the Optional Protocols thereto influence decisions. Any plan of action and measures to prevent and/or remedy human rights abuses must have special consideration for the differentiated impact on children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","2.Enforcement measures"]},{"id":"crc-c-gc-16-0064","docId":"crc-c-gc-16","idx":64,"n":64,"text":"States should lead by example, requiring all State-owned enterprises to undertake child-rights due diligence and to publicly communicate their reports on their impact on children’s rights, including regular reporting. States should make public support and services, such as those provided by an export credit agency, development finance and investment insurance conditional on businesses carrying out child-rights due diligence.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Children’s rights and due diligence by business enterprises"]},{"id":"crc-c-gc-16-0065","docId":"crc-c-gc-16","idx":65,"n":65,"text":"As part of child-rights due diligence, large business enterprises should be encouraged and, where appropriate, required to make public their efforts to address child-rights impacts. Such communication should be available, efficient and comparable across enterprises and address measures taken by business to mitigate potential and actual adverse impacts for children caused by their activities. Business enterprises should be required to publish the actions taken to ensure that the goods and services they produce or commercialize do not involve serious violations of children’s rights, such as slavery or forced labour. Where reporting is mandatory, States should put in place verification and enforcement mechanisms to ensure compliance. States may support reporting by creating instruments to benchmark and recognize good performance with regard to children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Children’s rights and due diligence by business enterprises"]},{"id":"crc-c-gc-16-0066","docId":"crc-c-gc-16","idx":66,"n":66,"text":"Children often find it difficult to access the justice system to seek effective remedies for abuse or violations of their rights when business enterprises are involved. Children may lack legal standing, which prevents them from pursuing a claim; children and their families often lack knowledge about their rights and the mechanisms and procedures available to them to seek redress or may lack confidence in the justice system. States may not always investigate breaches of criminal, civil or administrative laws committed by business enterprises. There are vast power imbalances between children and business and, often, prohibitive costs involved in litigation against companies as well as difficulties in securing legal representation. Cases involving business are frequently settled out of court and in the absence of a body of developed case law; children and their families in jurisdictions where judicial precedent is persuasive may be more likely to abandon undertaking litigation given uncertainty surrounding the outcome.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Children’s rights and due diligence by business enterprises"]},{"id":"crc-c-gc-16-0067","docId":"crc-c-gc-16","idx":67,"n":67,"text":"There are particular difficulties in obtaining remedy for abuses that occur in the context of businesses’ global operations. Subsidiaries or others may lack insurance or have limited liability; the way in which transnational corporations are structured in separate entities can make identification and attribution of legal responsibility to each unit challenging; access to information and evidence located in different countries can be problematic when building and defending a claim; legal aid may be difficult to obtain in foreign jurisdictions and various legal and procedural hurdles can be used to defeat extraterritorial claims.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Children’s rights and due diligence by business enterprises"]},{"id":"crc-c-gc-16-0068","docId":"crc-c-gc-16","idx":68,"n":68,"text":"States should focus their attention on removing social, economic and juridical barriers so that children can in practice have access to effective judicial mechanisms without discrimination of any kind. Children and their representatives should be provided with information about remedies through, for example, the school curriculum, youth centres or community-based programmes. They should be allowed to initiate proceedings in their own right and have access to legal aid and the support of lawyers and legal aid providers in bringing cases against business enterprises to ensure equality of arms. States that do not already have provision for collective complaints, such as class actions and public interest litigation, should introduce these as a means of increasing accessibility to the courts for large numbers of children similarly affected by business actions. States may have to provide special assistance to children who face obstacles to accessing justice, for example, because of language or disability or because they are very young.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0069","docId":"crc-c-gc-16","idx":69,"n":69,"text":"Age should not be a barrier to a child’s right to participate fully in the justice process. Likewise, special arrangements should be developed for child victims and witnesses in both civil and criminal proceedings, in line with the Committee’s general comment No. 12. Furthermore, States should implement the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime.[[fn:25]] Confidentiality and privacy must be respected and children should be kept informed of progress at all stages of the process, giving due weight to the child’s maturity and any speech, language or communication difficulties they might have.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":25,"text":"Adopted by the Economic and Social Council in its resolution 2005/20."}],"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0070","docId":"crc-c-gc-16","idx":70,"n":70,"text":"The Optional Protocol on the sale of children, child prostitution and child pornography requires that States enact criminal legislation that also applies to legal entities, including business enterprises. States should consider the adoption of criminal legal liability – or another form of legal liability of equal deterrent effect – for legal entities, including business enterprises, in cases concerning serious violations of the rights of the child, such as forced labour. National tribunals should have jurisdiction over these serious violations, in accordance with accepted rules of jurisdiction.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0071","docId":"crc-c-gc-16","idx":71,"n":71,"text":"Non-judicial mechanisms, such as mediation, conciliation and arbitration, can be useful alternatives for resolving disputes concerning children and enterprises. They must be available without prejudice to the right to judicial remedy. Such mechanisms can play an important role alongside judicial processes, provided they are in conformity with the Convention and the Optional Protocols thereto and with international principles and standards of effectiveness, promptness and due process and fairness. Grievance mechanisms established by business enterprises can provide flexible and timely solutions and at times it may be in a child’s best interests for concerns raised about a company’s conduct to be resolved through them. These mechanisms should follow criteria that include: accessibility, legitimacy, predictability, equitability, rights compatibility, transparency, continuous learning and dialogue[[fn:26]]. In all cases, access to courts or judicial review of administrative remedies and other procedures should be available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":26,"text":"Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, A/HRC/17/31, guiding principle 31."}],"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0072","docId":"crc-c-gc-16","idx":72,"n":72,"text":"States should make every effort to facilitate access to international and regional human rights mechanisms, including the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, so that an individual child or a group of children, or others acting on his/her/their behalf, are able to obtain remedy for State failure to adequately respect, protect and fulfil children’s rights in relation to business activities and operations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0073","docId":"crc-c-gc-16","idx":73,"n":73,"text":"States should encourage a business culture that understands and fully respects children’s rights. To this end, States should include the issue of children’s rights and business in the overall context of the national policy framework for implementation of the Convention. They should develop guidance that explicitly sets out government expectations for business enterprises to respect children’s rights in the context of its own business activities, as well as within business relationships linked to operations, products or services and activities abroad when they operate transnationally. This should include the implementation of zero-tolerance policies for violence in all business activities and operations. As required, States should signpost and encourage adherence to relevant corporate responsibility initiatives.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0074","docId":"crc-c-gc-16","idx":74,"n":74,"text":"In many contexts, small and medium-sized enterprises represent a large part of the economy and it is particularly important that States provide them with readily available tailored guidance and support on how to respect children’s rights and comply with national legislation while avoiding unnecessary administrative burdens. States should also encourage larger companies to use their influence over small and medium-sized enterprises to strengthen children’s rights throughout their value chains.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0075","docId":"crc-c-gc-16","idx":75,"n":75,"text":"Full implementation of the Convention and the Optional Protocols thereto requires effective cross-sectoral coordination, among government agencies and departments and across different levels of government, from local to regional and central.[[fn:27]] Typically, the departments and agencies directly involved with business policies and practices work separately from departments and agencies with direct responsibility for children’s rights. States must ensure that governmental bodies, as well as parliamentarians, that shape business law and practices are aware of the State’s obligations with regard to children’s rights. They may require relevant information, training and support so that they are equipped to ensure full compliance with the Convention when developing law and policy and entering into economic, trade and investment agreements. National human rights institutions can play an important role as catalysts for linking different governmental departments concerned with children’s rights and with business.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":27,"text":"General comment No. 5, para. 37."}],"section":["VI. Framework for implementation","C. Policy measures"]},{"id":"crc-c-gc-16-0076","docId":"crc-c-gc-16","idx":76,"n":76,"text":"States have an obligation to monitor violations of the Convention and the Optional Protocols thereto committed or contributed to by business enterprises, including in their global operations. This can be achieved, for instance, through: gathering data that can be used to identify problems and inform policy; investigating abuses; collaborating with civil society and national human rights institutions; and making business accountable publicly by using business reporting on their impact on children’s rights to assess their performance. In particular, national human rights institutions can be involved, for example in receiving, investigating and mediating complaints of violations; conducting public inquiries into large-scale abuses, mediating in conflict situations and undertaking legislative reviews to ensure compliance with the Convention. Where necessary, States should broaden the legislative mandate of national human rights institutions to accommodate children’s rights and business.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","C. Policy measures"]},{"id":"crc-c-gc-16-0077","docId":"crc-c-gc-16","idx":77,"n":77,"text":"When States develop national strategies and plans of action for implementation of the Convention and the Optional Protocols thereto, they should include explicit reference to the measures required to respect, protect and fulfil children’s rights in the actions and operations of business enterprises. States should also ensure that they monitor progress in implementation of the Convention in the activities and operations of business. This can be achieved both internally through the use of child rights impact assessments and evaluations, as well as through collaboration with other bodies such as parliamentary committees, civil society organizations, professional associations and national human rights institutions. Monitoring should include asking children directly for their views on the impact of business on their rights. Different mechanisms for consultation can be used, such as youth councils and parliaments, social media, school councils and associations of children.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","1.Coordination"]},{"id":"crc-c-gc-16-0078","docId":"crc-c-gc-16","idx":78,"n":78,"text":"Ensuring that the best interests of the child are a primary consideration in business-related legislation and policy development and delivery at all levels of government demands continuous child-rights impact assessments. These can predict the impact of any proposed business-related policy, legislation, regulations, budget or other administrative decisions which affect children and the enjoyment of their rights[[fn:28]] and should complement ongoing monitoring and evaluation of the impact of laws, policies and programmes on children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":28,"text":"General comment No. 5, para. 45."}],"section":["VI. Framework for implementation","2.Monitoring"]},{"id":"crc-c-gc-16-0079","docId":"crc-c-gc-16","idx":79,"n":79,"text":"Different methodologies and practices may be developed when undertaking child-rights impact assessments. At a minimum they must use the framework of the Convention and the Optional Protocols thereto, as well as relevant concluding observations and general comments issued by the Committee. When States conduct broader impact assessments of business-related policy, legislation or administrative practices, they should ensure that these assessments are underpinned by the general principles of the Convention and the Optional Protocols thereto and have special regard for the differentiated impact on children of the measures under consideration.[[fn:29]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":29,"text":"General comment No. 14, para. 99."}],"section":["VI. Framework for implementation","2.Monitoring"]},{"id":"crc-c-gc-16-0080","docId":"crc-c-gc-16","idx":80,"n":80,"text":"Child-rights impact assessments can be used to consider the impact on all children affected by the activities of a particular business or sector but can also include assessment of the differential impact of measures on certain categories of children. The assessment of the impact itself may be based upon input from children, civil society and experts, as well as from relevant government departments, academic research and experiences documented in the country or elsewhere. The analysis should result in recommendations for amendments, alternatives and improvements and be publicly available.[[fn:30]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":30,"text":"Ibid."}],"section":["VI. Framework for implementation","3.Child-rights impact assessments"]},{"id":"crc-c-gc-16-0081","docId":"crc-c-gc-16","idx":81,"n":81,"text":"To ensure an impartial and independent process, the State may consider appointing an external actor to lead the assessment process. This can have significant advantages, but the State, as the party ultimately responsible for the result, must ensure that the actor undertaking the assessment is competent, honest and impartial.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Child-rights impact assessments"]},{"id":"crc-c-gc-16-0082","docId":"crc-c-gc-16","idx":82,"n":82,"text":"While it is the State that takes on obligations under the Convention, the task of implementation needs to engage all sectors of society, including business, civil society and children themselves. The Committee recommends that States adopt and implement a comprehensive strategy to inform and educate all children, parents and caregivers that business has a responsibility to respect children’s rights wherever they operate, including through child-friendly and age-appropriate communications, for example through the provision of education about financial awareness. Education, training and awareness-raising about the Convention should also be targeted at business enterprises to emphasize the status of the child as a holder of human rights, encourage active respect for all of the Convention’s provisions and challenge and eradicate discriminatory attitudes towards all children and especially those in vulnerable and disadvantaged situations. In this context, the media should be encouraged to provide children with information about their rights in relation to business and raise awareness among businesses of their responsibility to respect children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Child-rights impact assessments"]},{"id":"crc-c-gc-16-0083","docId":"crc-c-gc-16","idx":83,"n":83,"text":"The Committee highlights that national human rights institutions can be involved in raising awareness of the Convention’s provisions amongst business enterprises, for instance by developing good practice guidance and policies for businesses and disseminating them.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Child-rights impact assessments"]},{"id":"crc-c-gc-16-0084","docId":"crc-c-gc-16","idx":84,"n":84,"text":"Civil society has a critical role in the independent promotion and protection of children’s rights in the context of business operations. This includes monitoring and holding business accountable; supporting children to have access to justice and remedies; contributing to child-rights impact assessments; and raising awareness amongst businesses of their responsibility to respect children’s rights. States should ensure conditions for an active and vigilant civil society, including effective collaboration with and support to independent civil society organizations, child and youth-led organizations, academia, chambers of commerce and industry, trade unions, consumer associations and professional institutions. States should refrain from interfering with these and other independent organizations and facilitate their involvement in public policy and programmes relating to children’s rights and business.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","E. Collaborative and awareness-raising measures"]},{"id":"crc-c-gc-16-0085","docId":"crc-c-gc-16","idx":85,"n":85,"text":"The Committee recommends that States widely disseminate the present general comment with parliament and across government, including within ministries, departments and municipal/local-level bodies working on business issues and those responsible for trade and investment abroad, such as development assistance agencies and overseas missions. The present general comment should be distributed to business enterprises, including those operating transnationally, as well as to small and medium-sized enterprises and actors in the informal sector. It should also be distributed and made known to professionals working for and with children, including judges, lawyers and legal aid providers, teachers, guardians, social workers, officials of public or private welfare institutions, as well as to all children and civil society. This will require translating it into relevant languages, making accessible and child-friendly versions available, holding workshops and seminars to discuss its implications and how best to implement it, and incorporating it into the training of all relevant professionals.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","E. Collaborative and awareness-raising measures"]},{"id":"crc-c-gc-16-0086","docId":"crc-c-gc-16","idx":86,"n":86,"text":"States should include information in their periodic reporting to the Committee on the challenges they face and the measures they have taken to respect, protect and fulfil children’s rights in the context of the activities and operations of business enterprises both domestically and, where appropriate, transnationally.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","E. Collaborative and awareness-raising measures"]},{"id":"crc-c-gc-17-0001","docId":"crc-c-gc-17","idx":1,"n":1,"text":"The importance of play and recreation in the life of every child has long been acknowledged by the international community, as evidenced by the proclamation in the 1959 Declaration of the Rights of the Child: “The child shall have full opportunity for play and recreation […]; society and the public authorities shall endeavour to promote the enjoyment of this right” (art. 7). This proclamation was further strengthened in the Convention on the Rights of the Child (the Convention) of 1989 which explicitly states in article 31 that “States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and and to participate freely in cultural life and the arts.”","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0002","docId":"crc-c-gc-17","idx":2,"n":2,"text":"However, based on its reviews of the implementation of the rights of the child under the Convention, the Committee is concerned by the poor recognition given by States to the rights contained in article 31. Poor recognition of their significance in the lives of children results in lack of investment in appropriate provisions, weak or non-existent protective legislation and the invisibility of children in national and local-level planning. In general, where investment is made, it is in the provision of structured and organized activities, but equally important is the need to create time and space for children to engage in spontaneous play, recreation and creativity, and to promote societal attitudes that support and encourage such activity.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0003","docId":"crc-c-gc-17","idx":3,"n":3,"text":"The Committee is particularly concerned about the difficulties faced by particular categories of children in relation to enjoyment and conditions of equality of the rights defined in article 31, especially girls, poor children, children with disabilities, indigenous children, children belonging to minorities, among others.","labels":["Indigenous peoples","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0004","docId":"crc-c-gc-17","idx":4,"n":4,"text":"Furthermore, profound changes in the world are having a major impact on children’s opportunities to enjoy the rights provided for in article 31. The urban population, especially in developing countries, is increasing significantly, as is violence worldwide in all its forms – at home, in schools, in mass media, in the streets. The implications, along with the commercialization of play provisions, are influencing the ways children engage in recreation, as well as in cultural and artistic activities. For many children in both rich and poor countries, child labour, domestic work or increasing educational demands serve to reduce the time available for the enjoyment of these rights.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0005","docId":"crc-c-gc-17","idx":5,"n":5,"text":"This general comment has been developed to address these concerns, raise the profile, awareness and understanding among States of the centrality of the rights in article 31 in the life and development of every child, and urge them to elaborate measures to ensure their implementation. The rights in article 31 have universal application in the diversity of communities and societies in the world and respect the value of all cultural traditions and forms. Every child should be able to enjoy these rights regardless of where he or she lives, his or her cultural background or his or her parental status.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0006","docId":"crc-c-gc-17","idx":6,"n":6,"text":"This general comment only touches tangentially on the issue of sport, as it is a major issue in its own right. In respect of cultural life, the general comment focuses primarily on aspects related to creative or artistic activities, rather than the broader definition embraced in article 30 on the right of the child to enjoy his or her own culture.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-17-0007","docId":"crc-c-gc-17","idx":7,"n":7,"text":"7. The present general comment seeks to enhance the understanding of the importance of article 31 for children’s well-being and development; to ensure respect for and strengthen the application of the rights under article 31, as well as other rights in the Convention, and to highlight the implications for the determination of: (a) Consequent obligations of States in the elaboration of all implementation measures, strategies and programmes aimed at the realization and full implementation of the rights defined in article 31; (b) The role and responsibilities of the private sector, including companies working in the areas of recreation, cultural and artistic activities, as well as civil society organizations providing such services for children; (c) Guidelines for all individuals working with children, including parents, on all actions undertaken in the area of play and recreation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Objectives"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0008","docId":"crc-c-gc-17","idx":8,"n":8,"text":"Article 31 must be understood holistically, both in terms of its constituent parts and also in its relationship with the Convention in its entirety. Each element of article 31is mutually linked and reinforcing, and when realized, serves to enrich the lives of children. Together, they describe conditions necessary to protect the unique and evolving nature of childhood. Their realization is fundamental to the quality of childhood, to children’s entitlement to optimum development, to the promotion of resilience and to the realization of other rights. Indeed, environments in which play and recreational opportunities are available to all children provide the conditions for creativity; opportunities to exercise competence through self-initiated play enhances motivation, physical activity and skills development; immersion in cultural life enriches playful interactions; rest ensures that children have the necessary energy and motivation to participate in play and creative engagement.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Significance of article 31 in children’s lives"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0009","docId":"crc-c-gc-17","idx":9,"n":9,"text":"Play and recreation are essential to the health and well-being of children and promote the development of creativity, imagination, self-confidence, self-efficacy, as well as physical, social, cognitive and emotional strength and skills. They contribute to all aspects of learning[[fn:1]]; they are a form of participation in everyday life and are of intrinsic value to the child, purely in terms of the enjoyment and pleasure they afford. Research evidence highlights that playing is also central to children’s spontaneous drive for development, and that it performs a significant role in the development of the brain, particularly in the early years. Play and recreation facilitate children’s capacities to negotiate, regain emotional balance, resolve conflicts and make decisions. Through their involvement in play and recreation, children learn by doing; they explore and experience the world around them; experiment with new ideas, roles and experiences and in so doing, learn to understand and construct their social position within the world.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":1,"text":"UNESCO, Education for the twenty-first century: issues and prospects (Paris, 1998)."}],"section":["III. Significance of article 31 in children’s lives"]},{"id":"crc-c-gc-17-0010","docId":"crc-c-gc-17","idx":10,"n":10,"text":"Both play and recreation can take place when children are on their own, together with their peers or with supportive adults. Children’s development can be supported by loving and caring adults as they relate to children through play. Participation with children in play provides adults with unique insights and understanding into the child’s perspectives. It builds respect between generations, contributes to effective understanding and communication between children and adults and affords opportunities to provide guidance and stimulus. Children benefit from recreational activities involving adults, including voluntary participation in organized sports, games and other recreational activities. However, the benefits are diminished, particularly in the development of creativity, leadership and team spirit if control by adults is so pervasive that it undermines the child’s own efforts to organize and conduct his or her play activities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Significance of article 31 in children’s lives"]},{"id":"crc-c-gc-17-0011","docId":"crc-c-gc-17","idx":11,"n":11,"text":"Involvement in a community’s cultural life is an important element of children’s sense of belonging. Children inherit and experience the cultural and artistic life of their family, community and society, and through that process, they discover and forge their own sense of identity and, in turn, contribute to the stimulation and sustainability of cultural life and traditional arts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Significance of article 31 in children’s lives"]},{"id":"crc-c-gc-17-0012","docId":"crc-c-gc-17","idx":12,"n":12,"text":"In addition, children reproduce, transform, create and transmit culture through their own imaginative play, songs, dance, animation, stories, painting, games, street theatre, puppetry, festivals, and so on. As they gain understanding of the cultural and artistic life around them from adult and peer relationships, they translate and adapt its meaning through their own generational experience. Through engagement with their peers, children create and transmit their own language, games, secret worlds, fantasies and other cultural knowledge. Children’s play generates a “culture of childhood,” from games in school and in the playground to urban activities such as playing marbles, free running, street art and so on. Children are also at the forefront in using digital platforms and virtual worlds to establish new means of communication and social networks, through which different cultural environments and artistic forms are being forged. Participation in cultural and artistic activities are necessary for building children’s understanding, not only of their own culture, but other cultures, as it provides opportunities to broaden their horizons and learn from other cultural and artistic traditions, thus contributing towards mutual understanding and appreciation of diversity.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Significance of article 31 in children’s lives"]},{"id":"crc-c-gc-17-0013","docId":"crc-c-gc-17","idx":13,"n":13,"text":"Finally, rest and leisure are as important to children’s development as the basics of nutrition, housing, health care and education. Without sufficient rest, children will lack the energy, motivation and physical and mental capacity for meaningful participation or learning. Denial of rest can have an irreversible physical and psychological impact on the development, health and well-being of children. Children also need leisure, defined as time and space without obligations, entertainment or stimulus, which they can choose to fill as actively or inactively as they wish.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Significance of article 31 in children’s lives"]},{"id":"crc-c-gc-17-0014","docId":"crc-c-gc-17","idx":14,"n":14,"text":"States parties recognize the right of the child to:","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[],"section":["IV. Legal analysis of article 31","A. Article 31, paragraph 1"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0015","docId":"crc-c-gc-17","idx":15,"n":15,"text":"States Parties shall respect and promote the right of the child:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis of article 31","B. Article 31, paragraph 2"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0016","docId":"crc-c-gc-17","idx":16,"n":16,"text":"Article 2 (non-discrimination): The Committee emphasizes that States parties shall take all appropriate measures to ensure that all children have the opportunity to realize their rights under article 31 without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Particular attention should be given to addressing the rights of certain groups of children, including, inter alia, girls, children with disabilities, children living in poor or hazardous environments, children living in poverty, children in penal, health-care or residential institutions, children in situations of conflict or humanitarian disaster, children in rural communities, asylum-seeking and refugee children, children in street situations, nomadic groups, migrant or internally displaced children, children of indigenous origin and from minority groups, working children, children without parents and children subjected to significant pressure for academic attainment.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Children","Persons in street situations","Persons living in rural/remote areas","Persons living in poverty","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","A. Links with the general principles of the Convention"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0017","docId":"crc-c-gc-17","idx":17,"n":17,"text":"Article 3 (best interests of the child): The Committee emphasizes that the realization of the rights under article 31is, by definition, in the child’s best interests. The obligation to consider the child’s best interests applies to children as individuals and as a group or constituency. All legislative, policy and budgetary measures, as well as measures relating to environmental or service provision, which are likely to impact on the rights provided for in article 31 must take into consideration the best interests of children. This would apply, for example, to regulations relating to health and safety, solid waste disposal and collection, residential and transportation planning, design and accessibility of the urban landscape, provision of parks and other green spaces, determination of school hours, child labour and education legislation, planning applications or legislation governing privacy on the Internet, among others.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","A. Links with the general principles of the Convention"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0018","docId":"crc-c-gc-17","idx":18,"n":18,"text":"Article 6 (life, survival and development): State parties must ensure, to the maximum extent possible, the life, survival and development of the child. In this regard, the Committee draws attention to the need to recognize the positive value of each dimension of article 31 in promoting the development and evolving capacities of children. This also requires that the measures introduced to implement article 31 are in accordance with the developmental needs of children at all ages. States parties should promote awareness and understanding of the centrality of play for children’s development among parents, caregivers, government officials and all professionals working with and for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","A. Links with the general principles of the Convention"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0019","docId":"crc-c-gc-17","idx":19,"n":19,"text":"Article 12 (right to be heard): Children, as individuals and as a group, have the right to express their views on all matters of concern to them, which should be given due weight, in accordance with their age and maturity, and they should receive adequate support to express their views, where necessary. Children are entitled to exercise choice and autonomy in their play and recreational activities, as well as in their participation in cultural and artistic activities. The Committee underlines the importance of providing opportunities for children to contribute to the development of legislation, policies, strategies and design of services to ensure the implementation of the rights under article 31. Such contribution could include their involvement, for example, in consultations on policies related to play and recreation, on legislation affecting educational rights and school organization and curriculum or protective legislation relating to child labour, on the development of parks and other local facilities, on urban planning and design for child-friendly communities and environments, and their feedback could be sought on opportunities for play or recreation and cultural activities with[[fn:4]] in the school and the wider community.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":4,"text":"See the Committee’s general comment No.12 (2009) on the right of the child to be heard."}],"section":["V. Article 31 in the broader context of the Convention","A. Links with the general principles of the Convention"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0020","docId":"crc-c-gc-17","idx":20,"n":20,"text":"Article 13: The right to freedom of expression is fundamental to the right to participate freely in cultural and artistic activity. Children have the right to express themselves in whatever way they choose, subject only to restrictions as defined by law and when necessary to ensure respect for the rights and reputations of others, and for the protection of national security, public order and public health or morals.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"}]},{"id":"crc-c-gc-17-0021","docId":"crc-c-gc-17","idx":21,"n":21,"text":"Article 15: Children have the right to exercise choice in their friendships, as well as membership of social, cultural, sporting and other forms of organization. Freedom of association represents an integral dimension of their rights under article 31, as children together create forms of imaginative play that are rarely achieved in adult-child relations. Children need to engage with peers of both sexes, as well as with people of different abilities, classes, cultures and ages, in order to learn cooperation, tolerance, sharing and resourcefulness. Play and recreation create the opportunities for the formation of friendships and can play a key role in strengthening civil society, contributing towards the social, moral and emotional development of the child, shaping culture and building communities. State parties must facilitate opportunities to enable children to meet freely with their peers at the community level. They must also respect and support the right of children to establish, join and leave associations, and the right to peaceful assembly. However, children should never be compelled to participate or join organizations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"15","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0022","docId":"crc-c-gc-17","idx":22,"n":22,"text":"Article 17: Children are entitled to information and materials which are of social and cultural benefit and which derive from a diversity of community, national and international sources. Access to such information and materials is essential for their realization of the right to participate fully in cultural and artistic activity. States parties are encouraged to ensure that children are provided with the widest possible access, through different media, to information and materials related to their own culture and to other cultures, in a language that they understand, including sign language and Braille, and by permitting exceptions to copyright laws in order to ensure the availability of printed materials in alternative formats. In so doing, care must be taken to protect and preserve cultural diversity and to avoid cultural stereotypes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-c-gc-17-0023","docId":"crc-c-gc-17","idx":23,"n":23,"text":"Article 22: Refugee and asylum-seeking children face profound challenges in realizing their rights under article 31 as they often experience both dislocation from their own traditions and culture and exclusion from the culture of the host country. Efforts must be made to ensure that refugee and asylum-seeking children have equal opportunities with children from the host country to enjoy the rights provided for in article 31. Recognition must also be afforded to the right of refugee children to preserve and practice their own recreational, cultural and artistic traditions.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"22","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0024","docId":"crc-c-gc-17","idx":24,"n":24,"text":"Article 23: Accessible and inclusive environments and facilities must be made available[[fn:5]] to children with disabilities to enable them to enjoy their rights under article 31. Families, caregivers and professionals must recognize the value of inclusive play, both as a right and as a means of achieving optimum development, for children with disabilities. States parties should promote opportunities for children with disabilities, as equal and active participants in play, recreation and cultural and artistic life, by awareness-raising among adults and peers, and by providing age-appropriate support or assistance.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":5,"text":"See Convention on the Rights of Persons with Disabilities, arts. 7, 9 and 30."}],"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0025","docId":"crc-c-gc-17","idx":25,"n":25,"text":"Article 24: Not only does the realization of the rights provided for in article 31 contribute to the health, well-being and development of children, but also appropriate provision for children to enjoy the rights under article 31 when they are ill and/or hospitalized will play an important role in facilitating their recovery.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0026","docId":"crc-c-gc-17","idx":26,"n":26,"text":"Article 27: Inadequate standard of living, insecure or overcrowded conditions, unsafe and unsanitary environments, inadequate food, enforced harmful or exploitative work can all serve to limit or deny children the opportunity to enjoy their rights under article 31. States parties are encouraged to take into account the implications for children’s rights under article 31 when developing policies relating to social protection, employment, housing and access to public spaces for children, especially those living without opportunities for play and recreation in their own homes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0027","docId":"crc-c-gc-17","idx":27,"n":27,"text":"Articles 28 and 29: Education must be directed to the development of the child’s personality, talents and mental and physical abilities to the fullest potential. Implementation of the rights under article 31 is essential to achieving compliance with the right provided for in article 29. For children to optimize their potential, they require opportunities for cultural and artistic development as well as participation in sports and games. The Committee also emphasizes that the rights under article 31 are of positive benefit to children’s educational development; inclusive education and inclusive play are mutually reinforcing and should be facilitated during the course of every day throughout early childhood education and care (preschool) as well as primary and secondary school. While relevant and necessary for children of all ages, play is particularly significant in the early years of schooling. Research has shown that play is an important means through which children learn.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0028","docId":"crc-c-gc-17","idx":28,"n":28,"text":"Article 30: Children from ethnic, religious or linguistic minorities should be encouraged to enjoy and participate in their own cultures. States should respect the cultural specificities of children from minority communities as well as children of indigenous origin, and ensure that they are afforded equal rights with children from majority communities to participate in cultural and artistic activities reflecting their own language, religion and culture.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-17-0029","docId":"crc-c-gc-17","idx":29,"n":29,"text":"Article 32: The Committee notes that in many countries, children are engaged in arduous work which denies them their rights under article 31. Furthermore, millions of children are working as domestic workers or in non-hazardous occupations with their families without adequate rest or education, throughout most of their childhood. States need to take all necessary measures to protect all child workers from conditions that violate their rights under article 31.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"32","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0030","docId":"crc-c-gc-17","idx":30,"n":30,"text":"Articles 19, 34, 37 and 38: Violence, sexual exploitation, deprivation of liberty by unlawful or arbitrary means and forced service in armed conflicts impose conditions that seriously impede or even eliminate children’s abilities to enjoy play, recreation and participation in cultural life and the arts. Bullying by other children can also be a major impediment to the enjoyment of the rights under article 31. Those rights can only be realized if States parties take all necessary measures to protect children from such acts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"34","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"38","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0031","docId":"crc-c-gc-17","idx":31,"n":31,"text":"Article 39: States parties should ensure that children who have experienced neglect, exploitation, abuse or other forms of violence are provided with support for recovery and reintegration. Children’s experiences, including those which are painful and damaging, can be communicated through play or artistic expression. Opportunities to realize the rights under article 31 can provide a valuable means through which children can externalize traumatic or difficult life experiences in order to make sense of their past and better cope with their future. Play and artistic expression would enable them to communicate, better understand their own feelings and thoughts, prevent or resolve psychosocial challenges and learn to manage relationships and conflicts through a natural, self-guided, self-healing process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0032","docId":"crc-c-gc-17","idx":32,"n":32,"text":"Children have a spontaneous urge to play and participate in recreational activities and will seek out opportunities to do so in the most unfavourable environments. However, certain conditions need to be assured, in accordance with children’s evolving capacities, if they are to realize their rights under article 31 to the optimum extent. As such, children should have:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","A. Factors for an optimum environment"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0033","docId":"crc-c-gc-17","idx":33,"n":33,"text":"Lack of recognition of the importance of play and recreation: In many parts of the world, play is perceived as “deficit” time spent in frivolous or unproductive activity of no intrinsic worth. Parents, caregivers and public administrators commonly place a higher priority on studying or economic work than on play, which is often considered noisy, dirty, disruptive and intrusive. Moreover, adults often lack the confidence, skill or understanding to support children’s play and to interact with them in a playful way. Both the right of children to engage in play and recreation and their fundamental importance of those activities for children’s well-being, health and development are poorly understood and undervalued. When play is recognized, it is usually physically active play and competitive games(sport) that are valued above fantasy or social drama, for example. The Committee emphasizes that greater recognition of the forms and locations of play and recreation preferred by older children is particularly necessary. Adolescents often seek places to meet with their peers and explore their emerging independence and transition to adulthood. This is an important dimension for the development of their sense of identity and belonging.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0034","docId":"crc-c-gc-17","idx":34,"n":34,"text":"Unsafe and hazardous environments: Features in the environment which impact on the rights provided for in article 31 can either serve as protective or risk factors for children’s health, development and safety. In respect of younger children, spaces which provide opportunities for exploration and creativity should enable parents and caregivers to maintain oversight, including by means of eye and voice contact. Children need access to inclusive spaces that are free from inappropriate hazards and close to their own homes, as well as with measures to promote safe, independent mobility as their capacities evolve.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0035","docId":"crc-c-gc-17","idx":35,"n":35,"text":"The majority of the world’s poorest children face physical hazards such as polluted water; open sewer systems; overcrowded cities; uncontrolled traffic; poor street lighting and congested streets; inadequate public transport; lack of safe local play areas, green spaces and cultural facilities; informal urban “slum” settlements in hazardous, violent or toxic environments. In post-conflict environments, children can also be harmed by landmines and unexploded ordnance. Indeed, children are at particular risk both because their natural curiosity and exploratory play increases the likelihood of exposure and because the impact of an explosion is greater on a child.","labels":["Children","Persons in street situations","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0036","docId":"crc-c-gc-17","idx":36,"n":36,"text":"Human factors can also combine to place children at risk in the public environment: high levels of crime and violence; community unrest and civil strife; drug and gang-related violence; risk of kidnapping and child trafficking; open spaces dominated by hostile youth or adults; aggression and sexual violence towards girls. Even where parks, playgrounds, sports facilities and other provisions exist, they may often be in locations where children are at risk, unsupervised and exposed to hazards. The dangers posed by all these factors severely restrict children’s opportunities for safe play and recreation. The increasing erosion of many spaces traditionally available to children creates a need for greater Government intervention to protect the rights under article 31.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0037","docId":"crc-c-gc-17","idx":37,"n":37,"text":"Resistance to children’s use of public spaces: Children’s use of public space for play, recreation and their own cultural activities is also impeded by the increasing commercialization of public areas, from which children are excluded. Furthermore, in many parts of the world, there is decreasing tolerance of children in public spaces. The introduction, for example, of curfews on children; gated communities or parks; reduced noise-level tolerance; playgrounds with strict rules for “acceptable” play behaviour; restrictions on access to shopping malls builds a perception of children as “problems” and/or delinquents. Adolescents, in particular, are widely perceived as a threat by widespread negative media coverage and representation, and discouraged from using public spaces.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0038","docId":"crc-c-gc-17","idx":38,"n":38,"text":"The exclusion of children has significant implications for their development as citizens. Shared experience of inclusive public spaces by different age groups serves to promote and strengthen civil society and encourage children to recognize themselves as citizens with rights. States are encouraged to promote dialogue between older and younger generations to encourage greater recognition of children as rights holders, and of the importance of networks of diverse community spaces in local areas or municipalities which can accommodate the play and recreational needs of all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0039","docId":"crc-c-gc-17","idx":39,"n":39,"text":"Balancing risk and safety: Fears over the physical and human risks to which children are exposed within their local environments are leading, in some parts of the world, to increasing levels of monitoring and surveillance, with consequent constraints on their freedom to play and opportunities for recreation. In addition, children themselves can pose a threat to other children in their play and recreational activities – for example, bullying, abuse of younger children by older children and group pressure to engage in high risk-taking. While children must not be exposed to harm in the realization of their rights under article 31, some degree of risk and challenge is integral to play and recreational activities and is a necessary component of the benefits of these activities. A balance is needed between, on the one hand, taking action to reduce unacceptable hazards in children’s environment, such as closing local streets to traffic, improving street lighting or creating safe boundaries for school playgrounds, and on the other hand, informing, equipping and empowering children to take the necessary precautions to enhance their own safety. The best interests of the child and listening to children’s experiences and concerns should be mediating principles for determining the level of risk to which children can be exposed.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0040","docId":"crc-c-gc-17","idx":40,"n":40,"text":"Lack of access to nature: Children come to understand, appreciate and care for the natural world through exposure, self-directed play and exploration with adults who communicate its wonder and significance. Memories of childhood play and leisure in nature strengthen resources with which to cope with stress, inspire a sense of spiritual wonder and encourage stewardship for the earth. Play in natural settings also contributes towards agility, balance, creativity, social cooperation and concentration. Connection to nature through gardening, harvesting, ceremonies and peaceful contemplation is an important dimension of the arts and heritage of many cultures. In an increasingly urbanized and privatized world, children’s access to parks, gardens, forests, beaches and other natural areas is being erodedm, and children in low-income urban areas are most likely to lack adequate access to green spaces.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0041","docId":"crc-c-gc-17","idx":41,"n":41,"text":"Pressure for educational achievement: Many children in many parts of the world are being denied their rights under article 31 as a consequence of an emphasis on formal academic success. For example:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0042","docId":"crc-c-gc-17","idx":42,"n":42,"text":"Overly structured and programmed schedules: For many children, the ability to realize the rights provided for in article 31 is restricted by the imposition of adult-decided activities, including, for example, compulsory sports, rehabilitative activities for children with disabilities or domestic chores, particularly for girls, which allow little or no time for self-directed activities. Where Government investment exists, it tends to focus on organized competitive recreation, or sometimes children are required or pressured to participate in youth organizations not of their own choosing. Children are entitled to time that is not determined or controlled by adults, as well as time in which they are free of any demands – basically to do “nothing, if they so desire. Indeed, the absence of activity can serve as a stimulus to creativity. Narrowly focusing all of a child’s leisure time into programmed or competitive activities can be damaging to his or her physical, emotional, cognitive and social well-being.[[fn:6]]","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":6,"text":"Marta Santos Pais, “The Convention on the Rights of the Child,” in OHCHR, Manual on Human Rights Reporting (Geneva, 1997), pp. 393 to 505."}],"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0043","docId":"crc-c-gc-17","idx":43,"n":43,"text":"Neglect of article 31 in development programmes: Early childhood care and development work in many countries focuses exclusively on issues of child survival with no attention paid to the conditions that enable children to thrive. Programmes often only deal with nutrition, immunization and preschool education with little or no emphasis on play, recreation, culture and the arts. The personnel running the programmes are not appropriately trained to support these aspects of the child’s development needs.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0044","docId":"crc-c-gc-17","idx":44,"n":44,"text":"Lack of investment in cultural and artistic opportunities for children: Children’s access to cultural and artistic activities are often restricted by a range of factors, including lack of parental support; cost of access; lack of transport; the adult-centred focus of many exhibitions, plays and events; failure to engage children in the content, design, location and forms of provision. Greater emphasis is needed in the creation of spaces to stimulate creativity. Operators of arts and cultural venues should look beyond their physical spaces to consider how their programmes reflect and respond to the cultural lives of the community they represent. Children’s participation in the arts requires a more child-centred approach which commissions and displays children’s creations and also engages them in the structure and programmes offered. Such engagement during childhood can serve to stimulate cultural interests for life.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0045","docId":"crc-c-gc-17","idx":45,"n":45,"text":"Growing role of electronic media: Children in all regions of the world are spending increasing periods of time engaged in play, recreational, cultural and artistic activities, both as consumers and creators, via various digital platforms and media, including watching television, messaging, social networking, gaming, texting, listening to and creating music, watching and making videos and films, creating new art forms, posting images. Information and communication technologies are emerging as a central dimension of children’s daily reality. Today, children move seamlessly between offline and online environments. These platforms offer huge benefits – educationally, socially and culturally – and States are encouraged to take all necessary measures to ensure equality of opportunity for all children to experience those benefits. Access to the Internet and social media is central to the realization of article 31 rights in the globalized environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0046","docId":"crc-c-gc-17","idx":46,"n":46,"text":"However, the Committee is concerned at the growing body of evidence indicating the extent to which these environments, as well as the amounts of time children spend interacting with them, can also contribute to significant potential risk and harm to children.[[fn:7]] For example:","labels":["Children","Persons in street situations","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":7,"text":"UNICEF, Child Safety Online: Global Challenges and Strategies. Technical report (Florence, Innocenti Research Centre, 2012)."}],"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0047","docId":"crc-c-gc-17","idx":47,"n":47,"text":"Marketing and commercialization of play: The Committee is concerned that many children and their families are exposed to increasing levels of unregulated commercialization and marketing by toy and game manufacturers. Parents are pressured to purchase a growing number of products which may be harmful to their children’s development or are antithetical to creative play, such as products that promote television programmes with established characters and storylines which impede imaginative exploration; toys with microchips which render the child as a passive observer; kits with a pre-determined pattern of activity; toys that promote traditional gender stereotypes or early sexualization of girls; toys containing dangerous parts or chemicals; realistic war toys and games. Global marketing can also serve to weaken children’s participation in the traditional cultural and artistic life of their community.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0048","docId":"crc-c-gc-17","idx":48,"n":48,"text":"Girls: A combination of significant burdens of domestic responsibilities and sibling and family care, protective concerns on the part of parents, lack of appropriate facilities and cultural assumptions imposing limitations on the expectations and behaviour of girls can serve to diminish their opportunities to enjoy the rights provided for in article 31, particularly in the adolescent years. In addition, gender differentiation in what is considered girls’ and boys’ play and which is widely reinforced by parents, caregivers, the media and producers/manufacturers of games and toys serve to maintain traditional gender-role divisions in society. Evidence indicates that whereas boys’ games prepare them for successful performance in a wide range of professional and other settings in modern society, girls’ games, in contrast, tend to direct them towards the private sphere of the home and future roles as wives and mothers. Adolescent boys and girls are often discouraged from engaging in joint recreational activities. Furthermore, girls generally have lower participation rates in physical activities and organized games as a consequence of either external cultural or self-imposed exclusion or lack of appropriate provision. This pattern is of concern in the light of the proven physical, psychological, social and intellectual benefits associated with participation in sports activities.[[fn:8]] Given these widespread and pervasive barriers impeding girls’ realization of their rights under article 31, the Committee urges States parties to take action to challenge gender stereotypes which serve to compound and reinforce patterns of discrimination and inequality of opportunity.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":8,"text":"UNESCO, International Charter of Physical Education and Sport, 1978."}],"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0049","docId":"crc-c-gc-17","idx":49,"n":49,"text":"Children living in poverty: Lack of access to facilities, inability to afford the costs of participation, dangerous and neglected neighbourhoods, the necessity to work and a sense of powerlessness and marginalization all serve to exclude the poorest children from realizing the rights provided for in article 31. For many, the risks to their health and safety outside the home are compounded by home environments which provide no or little space or scope for play or recreation. Children without parents are particularly vulnerable to loss of their rights under article 31; children in street situations are not afforded play provisions, and are commonly actively excluded from city parks and playgrounds, although they use their own creativity to utilize the informal setting of the streets for play opportunities. Municipal authorities must recognize the importance of parks and playgrounds for the realization of the rights provided for under article 31 by children living in poverty and engage in dialogue with them in respect of policing, planning and development initiatives. States need to take action to ensure both access to and opportunities for cultural and artistic activities for all children, as well as equal opportunities for play and recreation.","labels":["Children","Persons in street situations","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0050","docId":"crc-c-gc-17","idx":50,"n":50,"text":"Children with disabilities: Multiple barriers impede access by children with disabilities to the rights provided for in article 31, including exclusion from school; informal and social arenas where friendships are formed and where play and recreation take place; isolation at the home; cultural attitudes and negative stereotypes which are hostile to and rejecting of children with disabilities; physical inaccessibility of, inter alia, public spaces, parks, playgrounds and equipment, cinemas, theatres, concert halls, sports facilities and arenas; policies that exclude them from sporting or cultural venues on the grounds of safety; communication barriers and failure to provide interpretation and adaptive technology; lack of accessible transport. Children with disabilities can also be hindered in the enjoyment of their rights if investment is not made to render radio, television, computers and tablets accessible, including through the use of assistive technologies. In this regard, the Committee welcomes article 30 of the Convention on the Rights of Persons with Disabilities which emphasizes the obligations of States parties to ensure that children with disabilities have equal access with other children to participation in play, recreation, sporting and leisure activities, including in the mainstream school system. Pro-active measures are needed to remove barriers and promote accessibility to and availability of inclusive opportunities for children with disabilities to participate in all these activities.[[fn:9]]","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":9,"text":"General comment No. 9 (2006) on the rights of children with disabilities."}],"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRPD","article":"31","source":"regex"},{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crc-c-gc-17-0051","docId":"crc-c-gc-17","idx":51,"n":51,"text":"Children in institutions: Many children spend all or part of their childhood in institutions, including, inter alia, residential homes and schools, hospitals, detention centres, remand homes and refugee centres, where opportunities for play, recreation and participation in cultural and artistic life may be limited or denied. The Committee stresses the need for States to work towards the de-institutionalization of children; but until that goal is reached, States should adopt measures to ensure that all such institutions guarantee both spaces and opportunities for children to associate with their peers in the community, to play and to participate in games, physical exercise, cultural and artistic life. Such measures should not be restricted to compulsory or organized activities; safe and stimulating environments are needed for children to engage in free play and recreation. Wherever possible, children should be afforded these opportunities within local communities. Children living in institutions for significant periods of time also require appropriate literature, periodicals and access to the Internet, as well as support to enable them to make use of such resources. Availability of time, appropriate space, adequate resources and equipment, trained and motivated staff and provision of dedicated budgets are needed to create the necessary environments to ensure that every child living in an institution can realize his or her rights under article 31.","labels":["Refugees & asylum-seekers","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0052","docId":"crc-c-gc-17","idx":52,"n":52,"text":"Children from indigenous and minority communities: Ethnic, religious, racial or caste discrimination can serve to exclude children from realizing their rights under article 31. Hostility, assimilation policies, rejection, violence and discrimination may result in barriers to enjoyment by indigenous and minority children of their own cultural practices, rituals and celebrations, as well as to their participation in sports, games, cultural activities, play and recreation alongside other children. States have an obligation to recognize, protect and respect the right of minority groups to take part in the cultural and recreational life of the society in which they live, as well as to conserve, promote and develop their own culture.[[fn:10]] However, children from indigenous communities also have the right to experience and explore cultures beyond the boundaries of their own family traditions. Cultural and artistic programmes must be based on inclusion, participation and non-discrimination.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":10,"text":"United Nations Declaration on the Rights of Indigenous Peoples (General Assembly resolution 61/295, annex)."}],"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0053","docId":"crc-c-gc-17","idx":53,"n":53,"text":"Children in situations of conflict, humanitarian and natural disasters: The rights provided for in article 31 are often given lower priority in situations of conflict or disaster than the provision of food, shelter and medicines. However, in these situations, opportunities for play, recreation and cultural activity can play a significant therapeutic and rehabilitative role in helping children recover a sense of normality and joy after their experience of loss, dislocation and trauma. Play, music, poetry or drama can help refugee children and children who have experienced bereavement, violence, abuse or exploitation, for example, to overcome emotional pain and regain control over their lives. Such activities can restore a sense of identity, help them make meaning of what has happened to them, and enable them experience fun and enjoyment. Participation in cultural or artistic activities, as well as in play and recreation, offers children an opportunity to engage in a shared experience, to re-build a sense of personal value and self-worth, to explore their own creativity and to achieve a sense of connectedness and belonging. Settings for play also provide opportunities for monitors to identify children suffering from the harmful impact of conflict.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0054","docId":"crc-c-gc-17","idx":54,"n":54,"text":"Article 31 imposes three obligations on States parties to guarantee that the rights it covers are realized by every child without discrimination:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VIII. States parties’ obligations"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0055","docId":"crc-c-gc-17","idx":55,"n":55,"text":"While the International Covenant on Economic, Social and Cultural Rights provides for the progressive realization of economic, social and cultural rights and recognizes the problems arising from limited resources, it imposes on States parties the specific and continuing obligation, even where resources are inadequate, to “strive to ensure the widest possible enjoyment of the relevant rights under the prevailing circumstances” .[[fn:11]] As such, no regressive measures in relation to the rights under article 31 are permitted. Should any such deliberate measure be taken, the State would have to prove that it has carefully considered all the alternatives, including giving due weight to children’s expressed views on the issue, and that the decision was justified, bearing in mind all other rights provided for in the Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":11,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of States parties obligations, para. 11."}],"section":["VIII. States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0056","docId":"crc-c-gc-17","idx":56,"n":56,"text":"The obligation to respect includes the adoption of specific measures aimed at achieving respect for the right of every child, individually or in association with others, to realise his or her rights under article 31, including:","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VIII. States parties’ obligations"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0057","docId":"crc-c-gc-17","idx":57,"n":57,"text":"The obligation to protect requires that States parties take action to prevent third parties from interfering in or restricting the rights provided for in article 31. Accordingly, States are obliged to ensure:","labels":["Women/girls","Children","Persons with disabilities","Persons living in rural/remote areas","Persons affected by armed conflict","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[],"section":["VIII. States parties’ obligations"],"citedArticles":[{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"First occurrence: 'States parties take action to prevent third parties from interfering … the rights provided for in article 31' — CRC art. 31 (right to rest, leisure, play)."},{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'guarantee access for every child … to all recreational … consistent with the provisions of article 31' — CRC art. 31."},{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Third occurrence: 'comply with the provisions of article 31' — CRC art. 31."},{"article":"13","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 13 of CRC — freedom of expression. Text states 'taking into account the provisions of both article 13 on freedom of expression and article 18' — CRC context throughout."},{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 18 of CRC — parental responsibilities. Cited alongside CRC art. 13 in the same sentence about media classification."},{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Fourth occurrence: 'obligations to incorporate provision and opportunity for the realization of the rights under article 31' — CRC art. 31."},{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Fifth occurrence: 'Protection of children from harm: Child protection polici…' still under the 'provisions of article 31' heading — CRC art. 31."},{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Sixth occurrence: continuation of obligations under CRC art. 31 in the same enumerated list."}]},{"id":"crc-c-gc-17-0058","docId":"crc-c-gc-17","idx":58,"n":58,"text":"The obligation to fulfil requires that States parties adopt a wide range of measures to ensure the fulfilment of all the rights provided for under article 31. In accordance with article 12 of the Convention, all such measures, both at the national and local levels, and including planning, design, development, implementation and monitoring should be developed in collaboration with children themselves, as well as NGOs and community-based organizations, through, for example, children’s clubs and associations, community arts and sports groups, representative organizations of children and adults with disabilities, representatives from minority communities and play organisations[[fn:16]]. In particular, consideration should be given to the following:","labels":["Women/girls","Children","Adolescents","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":16,"text":"General comment No. 12 (2009) on the right of the child to be heard."}],"section":["VIII. States parties’ obligations"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0059","docId":"crc-c-gc-17","idx":59,"n":59,"text":"International cooperation: The Committee encourages international cooperation in the realization of the rights provided for in article 31 through the active engagement of United Nations agencies including UNICEF, UNESCO, UNHCR, UN Habitat, UNOSDP, UNDP, UNEP and WHO, as well as international, national and local NGOs.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VIII. States parties’ obligations"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0060","docId":"crc-c-gc-17","idx":60,"n":60,"text":"The Committee recommends that States parties disseminate this general comment widely within Government and administrative structures, to parents, other caregivers, children, professional organizations, communities and civil society at large. All channels of dissemination, including print media, the Internet and children’s own communication means should be used. This will necessitate translation into relevant languages, including sign languages, Braille and easy-to-read formats for children with disabilities. It also requires making culturally appropriate and child-friendly versions available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IX. Dissemination"]},{"id":"crc-c-gc-17-0061","docId":"crc-c-gc-17","idx":61,"n":61,"text":"States parties are also encouraged to report fully to the Committee on the Rights of the Child on the measures they have adopted to encourage the full implementation of article 31 for all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IX. Dissemination"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-19-0001","docId":"crc-c-gc-19","idx":1,"n":1,"text":"1. Article 4 of the Convention on the Rights of the Child reads:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0002","docId":"crc-c-gc-19","idx":2,"n":2,"text":"Given that article 4 relates to all the rights of the child, and that all those rights can be affected by public budgets, the present general comment applies to the Convention and its Optional Protocols. It provides States parties with a framework to ensure that public budgets contribute to the realization of those rights, and, in section III, provides an analysis of the general principles of the Convention, contained in articles 2, 3, 6 and 12.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-19-0003","docId":"crc-c-gc-19","idx":3,"n":3,"text":"When referring to a “child” or “children”, the general comment includes all persons of any gender under the age of 18 whose rights are or can be directly or indirectly, positively or negatively, affected by public budget-related decisions. “Children in vulnerable situations” are those who are particularly susceptible to violations of their rights, such as, but not limited to, children with disabilities, children in refugee situations, children from minority groups, children living in poverty, children living in alternative care and children in conflict with the law.","labels":["Refugees & asylum-seekers","Women/girls","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-19-0004","docId":"crc-c-gc-19","idx":4,"n":4,"text":"For the purpose of the present general comment, the following definitions apply: (a) “Budget” includes public revenue mobilization, budget allocation and expenditures of States; (b) “Obligations of implementation” refer to States parties’ obligations in paragraph 27 below; (c) “General principles of the Convention” refer to the principles in section III; (d) “Budget principles” refer to the principles in section IV; (e) “Legislation” refers to all international, regional, national and subnational treaties and/or legislation relevant to children’s rights; (f) “Policies” refer to all public policies, strategies, regulations, guidelines and statements, including their goals, objectives, indicators and targeted results, that affect the rights of the child, or could do so; (g) “Programmes” refer to frameworks within which States parties set out to achieve the aims of their legislation and policies. Such programmes may directly or indirectly affect children, for example by affecting specific rights of the child, public budget processes, infrastructure and labour; (h) “Subnational” refers to the administrative level, or levels, below the national level, such as regions, provinces, counties or municipalities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-19-0005","docId":"crc-c-gc-19","idx":5,"n":5,"text":"5. In section I, the background, rationale and objective of the general comment are presented. Section II offers a legal analysis of article 4 in relation to public budgets. Section III interprets the general principles of the Convention in this context. Section IV is dedicated to principles of public budgeting. Section V considers how public budgets contribute to realizing the rights of the child. Section VI provides guidelines on disseminating the general comment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0006","docId":"crc-c-gc-19","idx":6,"n":6,"text":"6. The present general comment builds on general comment No. 5 (2003) on general measures of implementation of the Convention, which states that the concept of “general measures of implementation” is complex and that the Committee is likely to issue more detailed general comments on individual elements in due course.[[fn:1]] One such element is the utilization of public budgets. The present general comment also builds on the day of general discussion that the Committee held in 2007 on the responsibility of States regarding resources for the rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":1,"text":"See general comment No. 5, foreword."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-19-0007","docId":"crc-c-gc-19","idx":7,"n":7,"text":"The present general comment was informed by several United Nations resolutions and reports that set out budget principles from a human rights perspective, including: (a) Human Rights Council resolution 28/19 aiming towards better investment in the rights of the child,[[fn:2]] and the report of the United Nations High Commissioner for Human Rights that preceded the resolution, entitled “Towards better investment in the rights of the child” (A/HRC/28/33). They address the role of national policies, resource mobilization, transparency, accountability, participation, allocation and spending, child protection systems, international cooperation and follow-up in relation to investment in children; (b) General Assembly resolution 67/218 on promoting transparency, participation and accountability in fiscal policies, which emphasizes the need to improve the quality, efficiency and effectiveness of fiscal policies and encourages Member States to intensify efforts to enhance transparency, participation and accountability in fiscal policies.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":2,"text":"The resolution was adopted without a vote."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-19-0008","docId":"crc-c-gc-19","idx":8,"n":8,"text":"The present general comment was also informed by consultations held by the Committee with representatives of States, the United Nations, non-governmental organizations, children and individual experts through surveys, meetings and regional consultations in Asia, Europe, Latin America and the Caribbean, the Middle East and North Africa, and sub-Saharan Africa. In addition, the general comment was informed by a global consultation with 2,693 children from 71 countries,[[fn:3]]conducted via an online survey, focus groups and regional consultations in Asia, Europe and Latin America. The consultation included contributions from boys and girls of different backgrounds in terms of age, gender, ability, socioeconomic context, language, ethnicity, school enrolment, displacement and experience of child-participatory budgeting. The messages from children to public budgetary decision makers included: (a) Plan well. There should be enough money in the budget to provide for all rights of children; (b) It is impossible for you to invest in us if you do not ask us what to invest in! We know; you should ask; (c) Do not forget to include children with special needs in your budgets; (d) Spend money fairly and wisely. Don’t spend our money on something that is useless — be efficient, save money; (e) Investing in children is a long-term investment, and it generates a lot, so remember to think of it; (f) Investment in our families is also an important way of securing our rights; (g) Make sure there is no corruption; (h) Recognize the rights of all citizens, both young and old, by listening to people’s opinions on matters of governance; (i) I would like the Government to be more accountable and transparent; (j) Publish records of how the money is spent; (k) Provide budget information to all children in ways that are easily understood and in media that are popular with children, like social media.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":3,"text":"Laura Lundy, Karen Orr and Chelsea Marshall, “Towards better investment in the rights of the child: the views of children” (Centre for Children’s Rights, Queen’s University, Belfast, and Child Rights Connect Working Group on Investment in Children, 2015)."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-19-0009","docId":"crc-c-gc-19","idx":9,"n":9,"text":"9. All the core human rights treaties contain provisions that are similar to article 4 of the Convention. The general comments addressing public budgets that have been issued in relation to those provisions should therefore be seen as complementing the present general comment.[[fn:4]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":4,"text":"See, for example, Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of States parties’ obligations."}],"section":["I. Introduction","A. Background"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0010","docId":"crc-c-gc-19","idx":10,"n":10,"text":"10. The present general comment concerns the management of States parties’ financial resources that directly or indirectly affect children within their jurisdiction. It acknowledges the Addis Ababa Action Agenda of the Third International Conference on Financing for Development (2015) and Transforming our world: the 2030 Agenda for Sustainable Development (2015). Those agendas address States’ management of resources related to international cooperation that affect children, such as programme, sector and budget support, South-South cooperation and interregional cooperation. The Committee recalls the statement of common understanding on human rights-based approaches to development cooperation and programming adopted by the United Nations Development Group (2003), the Paris Declaration on Aid Effectiveness: Ownership, Harmonisation, Alignment, Results and Mutual Accountability (2005), the Accra Agenda for Action (2008), and the Busan Partnership for Effective Development Cooperation (2011), which also address such management. In addition, the Committee is mindful of the potential relevance to the present general comment of existing and evolving national, regional and international standards related to public financial management, provided that such standards do not contradict the provisions of the Convention. Three examples are The International Handbook of Public Financial Management,[[fn:5]] which highlights effectiveness, efficiency and equity in public financial management, The Fiscal Transparency Code, adopted by the International Monetary Fund in 2014, which calls for comprehensiveness, clarity, reliability, timeliness and relevance in public reporting on past, present and future public finances to enhance fiscal management and accountability, and the Principles on Promoting Responsible Sovereign Lending and Borrowing, adopted by the United Nations Conference on Trade and Development in 2012.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":5,"text":"Richard Allen, Richard Hemming and Barry Potter, eds., The International Handbook of Public Financial Management (Basingstoke, Palgrave Macmillan, 2013)."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-19-0011","docId":"crc-c-gc-19","idx":11,"n":11,"text":"11. The Committee recognizes the significant progress made by States parties in reviewing and bringing domestic legislation, policies and programmes into conformity with the provisions of the Convention and its Optional Protocols. At the same time, the Committee underlines that such legislation, policies and programmes cannot be implemented without sufficient financial resources being mobilized, allocated and spent in an accountable, effective, efficient, equitable, participatory, transparent and sustainable manner.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","B. Rationale"]},{"id":"crc-c-gc-19-0012","docId":"crc-c-gc-19","idx":12,"n":12,"text":"12. When examining States parties’ reports to the Committee, in discussions with representatives of States parties and in its concluding observations, the Committee has raised concerns regarding whether the size of the budget is sufficient to realize the rights of the child. The Committee reiterates that prioritizing children’s rights in budgets, at both national and subnational levels, as required by the Convention, contributes not only to realizing those rights, but also to long-lasting positive impacts on future economic growth, sustainable and inclusive development, and social cohesion.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","B. Rationale"]},{"id":"crc-c-gc-19-0013","docId":"crc-c-gc-19","idx":13,"n":13,"text":"13. Based on the above, the Committee emphasizes that States parties should take all children’s rights into consideration throughout all stages of their budget processes and administrative systems at the national and subnational levels. While recognizing that budget processes differ to some extent between States, and that certain States have developed their own child rights budgeting methods, the present general comment provides guidance regarding four major budgetary stages that concern all States, namely planning, enactment, execution and follow-up.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","B. Rationale"]},{"id":"crc-c-gc-19-0014","docId":"crc-c-gc-19","idx":14,"n":14,"text":"14. The objective of the present general comment is to improve understanding of the obligations under the Convention in relation to budgeting for children’s rights so as to strengthen the realization of those rights, and to promote real change in the way budgets are planned, enacted, executed and followed up in order to advance implementation of the Convention and its Optional Protocols.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","C. Objective"]},{"id":"crc-c-gc-19-0015","docId":"crc-c-gc-19","idx":15,"n":15,"text":"15. This objective has implications for measures taken throughout the budget process by government branches (executive, legislative and judicial), levels (national and subnational) and structures (such as ministries, departments or agencies). The obligations extend to donors and recipients of international cooperation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","C. Objective"]},{"id":"crc-c-gc-19-0016","docId":"crc-c-gc-19","idx":16,"n":16,"text":"16. The objective also has implications for other stakeholders in the budget process, such as national human rights institutions, the media, children, families and civil society organizations. States parties should, in ways appropriate to their contexts, provide enabling environments for the active monitoring and meaningful participation of such stakeholders in the budget process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","C. Objective"]},{"id":"crc-c-gc-19-0017","docId":"crc-c-gc-19","idx":17,"n":17,"text":"17. In addition, the objective has implications for States in relation to awareness-raising and building the capacity of relevant public officials and others in relation to the content of the present general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","C. Objective"]},{"id":"crc-c-gc-19-0018","docId":"crc-c-gc-19","idx":18,"n":18,"text":"18. The words “shall undertake” mean that States parties have no discretion as to whether or not to satisfy their obligation to undertake the appropriate legislative, administrative and other measures necessary to realize children’s rights, which includes measures related to public budgets.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","A. “States parties shall undertake”"]},{"id":"crc-c-gc-19-0019","docId":"crc-c-gc-19","idx":19,"n":19,"text":"19. Hence, all government branches, levels and structures that play a role in devising public budgets shall exercise their functions in a way that is consistent with the general principles of the Convention and the budget principles set out in sections III and IV below. States parties should also create an enabling environment to allow the legislature, judiciary and supreme audit institutions to do the same.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","A. “States parties shall undertake”"]},{"id":"crc-c-gc-19-0020","docId":"crc-c-gc-19","idx":20,"n":20,"text":"20. States parties should enable budget decision makers at all levels of the executive and the legislative to access the necessary information, data and resources, and build capacity to realize the rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","A. “States parties shall undertake”"]},{"id":"crc-c-gc-19-0021","docId":"crc-c-gc-19","idx":21,"n":21,"text":"The obligation to undertake “all appropriate measures” includes the duty to ensure that: (a) Laws and policies are in place to support resource mobilization, budget allocation and spending to realize children’s rights; (b) The necessary data and information about children are collected, generated and disseminated to support the design and implementation of appropriate legislation, policies, programmes and budgets to advance the rights of the child; (c) Sufficient public resources are mobilized, allocated and utilized effectively to fully implement approved legislation, policies, programmes and budgets; (d) Budgets are systematically planned, enacted, implemented and accounted for at the national and subnational levels of the State, in a manner that ensures the realization of children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","B. “all appropriate legislative, administrative and other measures”"]},{"id":"crc-c-gc-19-0022","docId":"crc-c-gc-19","idx":22,"n":22,"text":"22. Measures are considered appropriate when they are relevant to directly or indirectly advancing children’s rights in a given context, including that of public budgets.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","B. “all appropriate legislative, administrative and other measures”"]},{"id":"crc-c-gc-19-0023","docId":"crc-c-gc-19","idx":23,"n":23,"text":"23. “Legislative measures”, which States parties are obligated to take in relation to public budgets, include reviewing existing legislation, and developing and adopting legislation that aims to ensure that budgets are sufficiently large for the realization of children’s rights at the national and subnational levels. “Administrative measures” include the development and implementation of programmes that meet the aims of agreed legislation, and ensuring adequate public budgets to do so. “Other measures” can be understood to include, for example, the development of public budget participation mechanisms, and data or policies related to children’s rights. Public budgets can be seen to straddle all three categories of measures, while also being indispensable to the realization of other legislative, administrative and other measures. All government branches, levels and structures are responsible for advancing the rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","B. “all appropriate legislative, administrative and other measures”"]},{"id":"crc-c-gc-19-0024","docId":"crc-c-gc-19","idx":24,"n":24,"text":"24. The Committee underlines that States parties have an obligation to show how the public budget-related measures they choose to take result in improvements in children’s rights. States parties shall show evidence of the outcomes obtained for children as a result of those measures. It is not enough to show evidence of measures taken without evidence of results if article 4 of the Convention is to be satisfied.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","B. “all appropriate legislative, administrative and other measures”"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0025","docId":"crc-c-gc-19","idx":25,"n":25,"text":"25. The “rights recognized in the present Convention” include civil, political, economic, social and cultural rights. States parties have the obligation to immediately realize civil and political rights, and to implement economic, social and cultural rights “to the maximum extent of their available resources”. That implies that the full realization of those rights will necessarily be achieved progressively (see sect. II D below).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","C. “for the implementation of the rights recognized in the present Convention”"]},{"id":"crc-c-gc-19-0026","docId":"crc-c-gc-19","idx":26,"n":26,"text":"26. The implementation of the rights of the child requires close attention to all four stages of the public budget process: planning, enacting, executing and follow-up. The rights of all children should be given consideration by States parties throughout the budget process, in accordance with the general principles of the Convention and the budget principles outlined in the present general comment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","C. “for the implementation of the rights recognized in the present Convention”"]},{"id":"crc-c-gc-19-0027","docId":"crc-c-gc-19","idx":27,"n":27,"text":"In terms of budgets, “implementing children’s rights” means that States parties are obliged to mobilize, allocate and spend public resources in a manner that adheres to their obligations of implementation. States parties shall respect, protect and fulfil all the rights of the child, as follows: (a) “Respect” means that States parties should not interfere directly or indirectly with the enjoyment of children’s rights. In relation to budgets, this means that the State shall refrain from interfering with the enjoyment of the rights of the child by, for example, discriminating against certain groups of children in budget decisions, or withdrawing funding or diverting resources away from existing programmes providing for children’s enjoyment of economic, social or cultural rights, except in the circumstances outlined in paragraph 31 below; (b) “Protect” means that States parties shall prevent third parties from interfering with rights guaranteed under the Convention and the Optional Protocols. In terms of public budgets, examples of possible such third parties are the business sector[[fn:6]] and regional or international financial institutions that might play a role in the different stages of the public budget process. The obligation to protect implies that States parties should seek to ensure that their revenue mobilization, budget allocation and expenditures are not interfered with or undermined by third parties. This will require States parties to regulate the role of such third parties, set up complaints mechanisms and systematically intervene in cases of infringement by them. (c) “Fulfil” requires States parties to take action to ensure the full realization of the rights of the child. States parties should: (i) Facilitate children’s rights by taking measures that enable and assist children to enjoy their rights. In a budgetary context, this includes equipping all levels and structures of the executive, legislature and judiciary with the resources and information required to advance the rights of all children in a comprehensive and sustainable manner. This involves putting in place measures to increase knowledge and understanding of the Convention and its Optional Protocols within State functions, and fostering a culture that respects, protects and fulfils children’s rights. (ii) Provide for children’s rights where States are unable, for reasons beyond their control, to realize those rights themselves by the means at their disposal. This obligation includes ensuring that reliable, disaggregated data and information are publicly available to assess and monitor the extent to which children are able to exercise their rights, for example, in different parts of the State. (iii) Promote children’s rights by ensuring that there is appropriate education and public awareness concerning budget decision-making processes and the impacts they have. In relation to budgets, this means mobilizing, allocating and spending sufficient funds to communicate and engage with children, their families and caregivers about budget-related decisions, including legislation, policies and programmes that affect them. States parties should continuously assess the outcomes in different groups in order to identify where more effective promotion is required.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":6,"text":"See general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, in which the Committee indicates that “States must take all necessary, appropriate and reasonable measures to prevent business enterprises from causing or contributing to abuses of children’s rights” (para. 28)."}],"section":["II. Legal analysis of article 4 in relation to public budgets","C. “for the implementation of the rights recognized in the present Convention”"]},{"id":"crc-c-gc-19-0028","docId":"crc-c-gc-19","idx":28,"n":28,"text":"28. In line with this obligation, States parties shall take all possible measures to mobilize, allocate and spend sufficient financial resources. Funds allocated to policies and programmes that further the realization of the rights in the Convention and its Optional Protocols should be spent optimally and in line with the general principles of the Convention and the budget principles outlined in the present general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"]},{"id":"crc-c-gc-19-0029","docId":"crc-c-gc-19","idx":29,"n":29,"text":"29. The Committee recognizes the evolution of the concepts of “maximum extent of available resources” and “progressive realization” in other core international human rights treaties,[[fn:7]] and regards article 4 of the Convention as reflecting both. States parties shall thus take measures to the maximum of their available resources in relation to economic, social and cultural rights and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to obligations that are immediately applicable according to international law.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":7,"text":"See, for example, art. 4 (2) of the Convention on the Rights of Persons with Disabilities."}],"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0030","docId":"crc-c-gc-19","idx":30,"n":30,"text":"30. “States parties shall undertake such measures to the maximum extent of their available resources” means that States parties are expected to demonstrate that they have made every effort to mobilize, allocate and spend budget resources to fulfil the economic, social and cultural rights of all children. The Committee underlines the fact that children’s rights are interdependent and indivisible and that caution should be exercised in differentiating between economic, social and cultural rights on the one hand, and civil and political rights on the other. The realization of economic, social and cultural rights will frequently affect children’s ability to fully exercise their political and civil rights, and vice versa.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"]},{"id":"crc-c-gc-19-0031","docId":"crc-c-gc-19","idx":31,"n":31,"text":"31. The obligation imposed on States parties by article 4 to realize children’s economic, social and cultural rights “to the maximum extent” also means that they should not take deliberate retrogressive measures in relation to economic, social and cultural rights.[[fn:8]] States parties should not allow the existing level of enjoyment of children’s rights to deteriorate. In times of economic crisis, regressive measures may only be considered after assessing all other options and ensuring that children are the last to be affected, especially children in vulnerable situations. States parties shall demonstrate that such measures are necessary, reasonable, proportionate, non-discriminatory and temporary and that any rights thus affected will be restored as soon as possible. States parties should take appropriate measures so that the groups of children who are affected, and others with knowledge about those children’s situation, participate in the decision-making process related to such measures. The immediate and minimum core obligations[[fn:9]] imposed by children’s rights shall not be compromised by any retrogressive measures, even in times of economic crisis.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":8,"text":"See, for example, paras. 24 and 25 of the recommendations from the day of general discussion on the issue of resources for the rights of the child: responsibility of States (2007), general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 72, and general comment No. 3 of the Committee on Economic, Social and Cultural Rights, para. 9."},{"n":9,"text":"See the core obligations specified in the general comments of the Committee on Economic, Social and Cultural Rights, such as No. 13 (1999) on the right to education, No. 14 (2000) on the right to the highest attainable standard of health, and No. 19 (2007) on the right to social security."}],"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0032","docId":"crc-c-gc-19","idx":32,"n":32,"text":"32. Article 44 of the Convention obliges States parties to regularly report on their progress in advancing the rights of children in their jurisdictions. Clear and consistent qualitative and quantitative goals and indicators should be used to illustrate the progressive realization of children’s economic, social and cultural rights to the maximum extent of available resources, as well as the realization of the immediate obligations imposed by those rights, and the realization of civil and political rights. States parties are expected to regularly review and improve their measures to ensure the availability and maximization of resources for the rights of all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"],"citedArticles":[{"treaty":"CRC","article":"44","source":"regex"}]},{"id":"crc-c-gc-19-0033","docId":"crc-c-gc-19","idx":33,"n":33,"text":"33. The Committee places great importance on accountable, transparent, inclusive and participative decision-making processes at the national and subnational levels as a means of obtaining the resources necessary for the implementation of children’s rights, including economic, social and cultural rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"]},{"id":"crc-c-gc-19-0034","docId":"crc-c-gc-19","idx":34,"n":34,"text":"34. Corruption and mismanagement of public resources in State revenue mobilization, allocation and spending represents a failure by the State to comply with its obligation to use the maximum of available resources. The Committee underlines the importance of States parties allocating resources to prevent and eliminate any corruption affecting children’s rights, in accordance with the United Nations Convention against Corruption.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"]},{"id":"crc-c-gc-19-0035","docId":"crc-c-gc-19","idx":35,"n":35,"text":"35. States parties have an obligation to cooperate with one another in the promotion of universal respect for, and observance of, human rights,[[fn:10]] including the rights of the child. States that lack the resources needed to implement the rights enshrined in the Convention and its Optional Protocols are obliged to seek international cooperation, be it bilateral, regional, interregional, global or multilateral. States parties with resources for international cooperation have an obligation to provide such cooperation with the aim of facilitating the implementation of children’s rights in the recipient State.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":10,"text":"See the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (1970)."}],"section":["II. Legal analysis of article 4 in relation to public budgets","E. “and, where needed, within the framework of international cooperation”"]},{"id":"crc-c-gc-19-0036","docId":"crc-c-gc-19","idx":36,"n":36,"text":"36. States parties should demonstrate that, where necessary, they have made every effort to seek and implement international cooperation to realize the rights of the child. Such cooperation may include technical and financial support in relation to implementing children’s rights in the budget process, including from the United Nations.[[fn:11]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":11,"text":"See art. 45 of the Convention."}],"section":["II. Legal analysis of article 4 in relation to public budgets","E. “and, where needed, within the framework of international cooperation”"]},{"id":"crc-c-gc-19-0037","docId":"crc-c-gc-19","idx":37,"n":37,"text":"37. States parties should collaborate with other States’ efforts to mobilize the maximum available resources for children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","E. “and, where needed, within the framework of international cooperation”"]},{"id":"crc-c-gc-19-0038","docId":"crc-c-gc-19","idx":38,"n":38,"text":"38. States parties’ cooperation strategies, on the part of both donors and recipients, should contribute to the realization of children’s rights and shall not impact negatively on children, especially those who are most vulnerable.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","E. “and, where needed, within the framework of international cooperation”"]},{"id":"crc-c-gc-19-0039","docId":"crc-c-gc-19","idx":39,"n":39,"text":"39. States parties should comply with their obligations under the Convention and the Optional Protocols when engaging in development cooperation as members of international organizations,[[fn:12]] and when signing international agreements. Similarly, States parties should consider the potential impact on children’s rights when planning and implementing economic sanctions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":12,"text":"See general comment No. 5, para. 64."}],"section":["II. Legal analysis of article 4 in relation to public budgets","E. “and, where needed, within the framework of international cooperation”"]},{"id":"crc-c-gc-19-0040","docId":"crc-c-gc-19","idx":40,"n":40,"text":"40. Four general principles within the Convention form the basis for all State decisions and actions that directly or indirectly relate to the rights of the child, including public budgets.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets"]},{"id":"crc-c-gc-19-0041","docId":"crc-c-gc-19","idx":41,"n":41,"text":"41. States parties are obliged to protect children from all kinds of discrimination “irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status” (art. 2 (1)). States parties, at all administrative levels, should serve to prevent discrimination and shall not directly or indirectly discriminate against children in budget-related legislation, policies or programmes, in their content or implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","A. Right to non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"2","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-19-0042","docId":"crc-c-gc-19","idx":42,"n":42,"text":"42. States parties should take proactive measures to ensure positive outcomes for all children in relation to legislation, policies and programmes by mobilizing sufficient revenue and allocating and spending funds accordingly. In order to achieve substantive equality, States parties should identify groups of children that qualify for special measures and use public budgets to implement such measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","A. Right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-19-0043","docId":"crc-c-gc-19","idx":43,"n":43,"text":"43. States parties should create an environment of non-discrimination and take steps, including through the allocation of resources, to ensure that all their government branches, levels and structures, as well as civil society and the business sector, actively advance the right of children to be free from discrimination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","A. Right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-19-0044","docId":"crc-c-gc-19","idx":44,"n":44,"text":"44. To achieve budgets that contribute to positive outcomes in terms of children’s enjoyment of their rights, States parties are required to address inequalities among children by reviewing and revising relevant legislation, policies and programmes, by increasing or reprioritizing certain parts of the budget, or improving the effectiveness, efficiency and equity of their budgets.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","A. Right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-19-0045","docId":"crc-c-gc-19","idx":45,"n":45,"text":"45. Article 3 (1) of the Convention provides that the best interests of the child shall be a primary consideration in all actions concerning children. States parties are obliged to integrate and apply this principle in all legislative, administrative and judicial proceedings that have a direct or indirect impact on children,[[fn:13]] including budgets. The best interests of the child should be a primary consideration throughout every phase of the budgetary process and in all budgetary decisions that affect children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":13,"text":"See general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, para. 6 (a)."}],"section":["III. General principles of the Convention and public budgets","B. Best interests of the child (art. 3)"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-19-0046","docId":"crc-c-gc-19","idx":46,"n":46,"text":"46. As the Committee noted in its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the rights set out in the Convention and its Optional Protocols provide the framework for assessing and determining the best interests of the child. This obligation is crucial when States weigh up competing budget allocation and spending priorities. States parties should be able to demonstrate how the best interests of the child have been considered in budgetary decision-making, including how they have been weighed against other considerations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-19-0047","docId":"crc-c-gc-19","idx":47,"n":47,"text":"47. States parties should conduct child rights impact assessments[[fn:14]] in order to ascertain the effect of legislation, policies and programmes on all children at the national and subnational levels, especially children in vulnerable situations who may have special needs and therefore require a disproportionate share of spending in order to have their rights realized. Child rights impact assessments should be part of each stage of the budget process and should complement other monitoring and evaluation efforts. While States parties will apply different methodologies and practices when undertaking child rights impact assessments, they should use the Convention and its Optional Protocols, as well as relevant concluding observations and general comments issued by the Committee, in developing their frameworks. The child rights impact assessments should be informed by stakeholders, such as children, civil society organizations, experts, State government structures and academic institutions. The analysis should result in recommendations for amendments, alternatives and improvements and should be publicly available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":14,"text":"See general comments No. 5, para. 45, and No. 14, paras. 35 and 99."}],"section":["III. General principles of the Convention and public budgets","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-19-0048","docId":"crc-c-gc-19","idx":48,"n":48,"text":"48. Article 6 of the Convention provides that every child has an inherent right to life and that States parties shall ensure the survival and development of all children. In its general comment No. 5, the Committee states that the development of the child is “a holistic concept, embracing the child’s physical, mental, spiritual, moral, psychological and social development” and that “implementation measures should be aimed at achieving the optimal development for all children” (para. 12).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","C. Right to life, survival and development (art. 6)"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-19-0049","docId":"crc-c-gc-19","idx":49,"n":49,"text":"49. The Committee recognizes that children have varying needs at different stages of their growth and development.[[fn:15]] In their budget decisions, States parties should consider all factors required for children of different ages to survive, grow and develop. States parties should show their commitment to children’s rights by making visible the parts of their budgets that affect children in different age groups.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":15,"text":"See general comment No. 7 (2005) on implementing child rights in early childhood, and general comment No. 20 on the rights of adolescents (forthcoming)."}],"section":["III. General principles of the Convention and public budgets","C. Right to life, survival and development (art. 6)"]},{"id":"crc-c-gc-19-0050","docId":"crc-c-gc-19","idx":50,"n":50,"text":"50. The Committee acknowledges that investment in early childhood development has a positive impact on children’s ability to exercise their rights, breaks poverty cycles and brings high economic returns. Underinvestment in children in their early years can be detrimental to cognitive development and can reinforce existing deprivations, inequalities and intergenerational poverty.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","C. Right to life, survival and development (art. 6)"]},{"id":"crc-c-gc-19-0051","docId":"crc-c-gc-19","idx":51,"n":51,"text":"51. Ensuring the right to life, survival and development includes the need to consider budgets for different groups of children within the current generation, while also taking future generations into account by developing sustainable multi-year revenue and spending projections.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","C. Right to life, survival and development (art. 6)"]},{"id":"crc-c-gc-19-0052","docId":"crc-c-gc-19","idx":52,"n":52,"text":"52. Article 12 of the Convention establishes the right of every child to freely express his or her views in all matters affecting him or her, and for those views to be given due weight in accordance with the child’s age and maturity.[[fn:16]] States parties should regularly hear children’s views on budget decisions that affect them, through mechanisms for the meaningful participation of children at the national and subnational levels. Participants in those mechanisms should be able to contribute freely and without fear of repression or ridicule and States parties should provide feedback to those who participated. In particular, States parties should consult with children who face difficulties in making themselves heard, including children in vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":16,"text":"See also general comment No. 12 (2009) on the right of the child to be heard (2009)."}],"section":["III. General principles of the Convention and public budgets","D. Right to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-19-0053","docId":"crc-c-gc-19","idx":53,"n":53,"text":"53. The Committee recalls that “investment in the realization of the child’s right to be heard in all matters of concern to her or him and for her or his views to be given due consideration, is a clear and immediate legal obligation of States parties under the Convention … It also requires a commitment to resources and training.”[[fn:17]] This underlines the responsibility of States parties to ensure that there is funding to achieve the meaningful participation of children in all decisions affecting them. It recognizes the important role played by officials of the executive, independent ombudspersons for children, educational institutions, the media, civil society organizations, including children’s organizations, and legislatures in assuring children’s participation in relation to public budgets.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":17,"text":"See general comment No. 12, para. 135."}],"section":["III. General principles of the Convention and public budgets","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-19-0054","docId":"crc-c-gc-19","idx":54,"n":54,"text":"54. The Committee recognizes that budget transparency is a prerequisite for meaningful participation. Transparency means ensuring that user-friendly information is made publicly available in a timely manner in relation to the planning, enactment, execution and follow-up of budgets. This includes both quantitative budget data and relevant information about legislation, policies, programmes, the budget process timetable, motivation for spending priorities and decisions, outputs, outcomes and service delivery information. The Committee underlines the need for States parties to budget for and provide contextually appropriate materials, mechanisms and institutions to enable meaningful participation.[[fn:18]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":18,"text":"See article 13 (1) of the Convention."}],"section":["III. General principles of the Convention and public budgets","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-19-0055","docId":"crc-c-gc-19","idx":55,"n":55,"text":"55. To enable meaningful participation in the budget process, the Committee stresses the importance of ensuring that States parties have in place legislation and policies for freedom of information that include, or at a minimum do not exclude, children and child rights advocates from the right to access key budgetary documents such as pre-budget statements, budget proposals, enacted budgets, midterm reports, in-year reports and audit reports.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-19-0056","docId":"crc-c-gc-19","idx":56,"n":56,"text":"56. The Committee recognizes that a number of States have experience in engaging children in meaningful participation in different parts of the budget process. It encourages States parties to share such experiences and identify good practices that are appropriate to their contexts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-19-0057","docId":"crc-c-gc-19","idx":57,"n":57,"text":"57. As established in section II above, the Committee underlines the fact that States parties are obliged to take measures within their budget processes to generate revenue and manage expenditures in a way that is sufficient to realize the rights of the child. The Committee recognizes that there are many ways to achieve sufficient resources for realizing children’s rights, including taking into account the general principles of the Convention and the budget principles of effectiveness, efficiency, equity, transparency and sustainability. States parties to the Convention are accountable for meeting their budgetary obligations to realize children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights"]},{"id":"crc-c-gc-19-0058","docId":"crc-c-gc-19","idx":58,"n":58,"text":"58. The Committee recognizes that States have existing expertise and experience in applying the general principles of the Convention and the following budget principles to their budget processes. States parties are encouraged to share and exchange their good practices.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights"]},{"id":"crc-c-gc-19-0059","docId":"crc-c-gc-19","idx":59,"n":59,"text":"59. States parties should plan, enact, execute and follow up in ways that lead to advances in child rights. States parties should invest in understanding the child rights situation in their context and formulate and implement legislation, policies and programmes that are strategically designed to overcome the challenges of realizing the rights of the child. States parties should constantly assess how budgets affect different groups of children and ensure that their budget decisions lead to the best possible outcomes for the largest number of children, paying special attention to children in vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights","A. Effectiveness"]},{"id":"crc-c-gc-19-0060","docId":"crc-c-gc-19","idx":60,"n":60,"text":"60. Public resources dedicated to child-related policies and programmes should be managed in such a way as to ensure value for money and bearing in mind the obligation to respect, protect and fulfil children’s rights. Approved expenditures should be executed in line with the enacted budget. Goods and services to advance child rights should be procured and delivered transparently and on time, and be of appropriate quality. Furthermore, funds allocated to the rights of the child should not be wasted. States parties should make efforts to overcome institutional barriers that impede efficient spending. Monitoring, evaluation and auditing of public funds should provide checks and balances that promote sound financial management.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights","B. Efficiency"]},{"id":"crc-c-gc-19-0061","docId":"crc-c-gc-19","idx":61,"n":61,"text":"61. States parties shall not discriminate against any child or category of children through resource mobilization or the allocation or execution of public funds. Spending equitably does not always mean spending the same amount on each child, but rather making spending decisions that lead to substantive equality among children. Resources should be fairly targeted to promote equality. States parties are obliged to remove all discriminatory barriers that children may face in accessing their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights","C. Equity"]},{"id":"crc-c-gc-19-0062","docId":"crc-c-gc-19","idx":62,"n":62,"text":"62. States parties should develop and maintain public financial management systems and practices that are open to scrutiny, and information on public resources should be freely available in a timely manner. Transparency contributes to efficiency and combats corruption and mismanagement of public budgets, which in turn increases the public resources available to advance child rights. Transparency is also a prerequisite for enabling meaningful participation of the executive, legislatures and civil society, including children, in the budget process. The Committee emphasizes the importance of States parties actively promoting access to information about public revenues, allocations and spending related to children and adopting policies to support and encourage continuous engagement with legislatures and civil society, including children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights","D. Transparency"]},{"id":"crc-c-gc-19-0063","docId":"crc-c-gc-19","idx":63,"n":63,"text":"63. The best interests of current and future generations of children should be given serious consideration in all budget decisions. States parties should mobilize revenues and manage public resources in such a way as to ensure the ongoing adoption of policies and delivery of programmes aimed at directly or indirectly realizing children’s rights. States parties may only take retrogressive measures in relation to children’s rights as outlined in paragraph 31 above.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights","E. Sustainability"]},{"id":"crc-c-gc-19-0064","docId":"crc-c-gc-19","idx":64,"n":64,"text":"64. In this section, the Committee provides more detailed guidance and recommendations on how to realize children’s rights in relation to each of the four stages of the public budget process: (a) Planning; (b) Enacting; (c) Executing; (d) Following up.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets"]},{"id":"crc-c-gc-19-0065","docId":"crc-c-gc-19","idx":65,"n":65,"text":"65. While focusing on national and subnational public budget processes in this section, the Committee stresses the obligation of States parties to also foster implementation of the Convention through international cooperation.[[fn:19]] Such cooperation should be made visible in the national and subnational budgets, where relevant.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":19,"text":"See sect. II E above and art. 45 of the Convention."}],"section":["V. Implementation of the rights of the child in public budgets"]},{"id":"crc-c-gc-19-0066","docId":"crc-c-gc-19","idx":66,"n":66,"text":"66. The Committee also stresses the importance of effective cross-sectoral, interministerial, interdepartmental and inter-agency coordination and cooperation throughout the budget process to fully implement the Convention and its Optional Protocols. States parties should make resources available and should gear their information systems to sustain such coordination at the national and subnational levels.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets"]},{"id":"crc-c-gc-19-0067","docId":"crc-c-gc-19","idx":67,"n":67,"text":"67. Budget planning requires realistic assessments of the economic situation and of the extent to which existing legislation, policies and programmes sufficiently respect, protect and fulfil children’s rights. States need reliable, timely, accessible and comprehensive disaggregated information and data in reusable formats on the macroeconomic, budget and child rights situation, both current and projected. Such information is fundamental to creating legislation, policies and programmes to directly or indirectly target and advance the rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","1. Assessing the situation"]},{"id":"crc-c-gc-19-0068","docId":"crc-c-gc-19","idx":68,"n":68,"text":"In the planning of the budget, States parties should give detailed consideration to the situation of different groups of children, especially those in vulnerable situations, taking into account the past (at least the last 3 to 5 years), current and future situations (at least the next 5 to 10 years). To ensure access to reliable and useful information on the situation of children, States parties are urged to: (a) Periodically review the mandates and resources of statistical bodies and systems for the collection, processing, analysis and dissemination of child-related demographics and other relevant data; (b) Ensure that available information on the situation of children is disaggregated in useful ways considering different groups of children and the principle of non-discrimination in article 2 of the Convention (see also sect. III A above); (c) Make user-friendly information and disaggregated data on the situation of children available in a timely manner to public officials of the executive and members of the legislatures involved in budgeting at the national and subnational levels, as well as to civil society, including children; (d) Establish and maintain a database of all policies and resources affecting children so that those involved in implementing and monitoring the corresponding programmes and services have ongoing access to objective and reliable information.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","1. Assessing the situation"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-19-0069","docId":"crc-c-gc-19","idx":69,"n":69,"text":"States parties should investigate past and potential impacts of budget decisions on children, by: (a) Conducting audits, evaluations and studies of the impact on children of past public revenue collection, budget allocations and expenditures; (b) Consulting with children, their caregivers and those working for their rights, and giving the results serious consideration in budget decisions; (c) Reviewing existing, or creating new, mechanisms to consult regularly with children throughout the budget year; (d) Using new technologies to support effective budget planning in relation to children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","1. Assessing the situation"]},{"id":"crc-c-gc-19-0070","docId":"crc-c-gc-19","idx":70,"n":70,"text":"70. Legislation, policies and programmes related to fiscal issues, the budget process or specific rights of the child have a direct or indirect impact on children. States parties are required to take all possible measures to ensure that all legislation, policies and programmes are in accordance with the Convention and its Optional Protocols, reflect the realities of children, especially those in vulnerable situations, and do not harm children or prevent their rights from being realized.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","2. Legislation, policies and programmes"]},{"id":"crc-c-gc-19-0071","docId":"crc-c-gc-19","idx":71,"n":71,"text":"71. The Committee recognizes the fact that macroeconomic and fiscal legislation, policies and programmes can have an indirect impact on children, their guardians and caregivers who may, for example, be affected by labour legislation or public debt management. States parties should conduct child rights impact assessments of all legislation, policies and programmes, including those of a macroeconomic and fiscal nature, in order to ensure that they do not undermine the realization of children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","2. Legislation, policies and programmes"]},{"id":"crc-c-gc-19-0072","docId":"crc-c-gc-19","idx":72,"n":72,"text":"72. Legislation, policies and programmes relevant to children should be part of decision-making and operations of international development cooperation and States parties’ memberships of international organizations. A State engaged with international development or finance cooperation should take all measures necessary to ensure that such cooperation is carried out in accordance with the Convention and its Optional Protocols.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","2. Legislation, policies and programmes"]},{"id":"crc-c-gc-19-0073","docId":"crc-c-gc-19","idx":73,"n":73,"text":"73. The Committee emphasizes the importance of States parties making cost estimates of proposed legislation, policies and programmes that affect children, in order to ascertain the level of financial resources needed and to enable budget planners and the relevant decision makers in the executive and the legislature to make informed decisions on the resources needed for their implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","2. Legislation, policies and programmes"]},{"id":"crc-c-gc-19-0074","docId":"crc-c-gc-19","idx":74,"n":74,"text":"74. The Committee recognizes the importance of States’ legislation, policies and systems in relation to revenue mobilization and borrowing to sustain available resources for the rights of the child. States parties should take concrete sustainable measures to mobilize domestic resources at the national and subnational levels, such as through taxes and non-tax revenues.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0075","docId":"crc-c-gc-19","idx":75,"n":75,"text":"75. States parties shall seek international cooperation if the available resources to realize the rights of children are insufficient. Such cooperation shall take the Convention and its Optional Protocols into account both on the part of the recipient and the donor States. The Committee underlines the fact that international and regional cooperation for the realization of children’s rights can include mobilization of resources to targeted programmes, as well as measures relating to taxation, combating tax evasion, debt management, transparency and other issues.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0076","docId":"crc-c-gc-19","idx":76,"n":76,"text":"76. The mobilization of resources for public spending on child rights should itself be conducted in a manner that adheres to the budget principles set out in section IV. A lack of transparency in resource mobilization systems can lead to inefficiencies, mismanagement of public finances and corruption. This in turn can lead to insufficient resources being available to spend on the rights of the child. The different tax regimes that do not take into account the ability of families to pay can lead to an inequity in resource mobilization. This can place disproportionate revenue burdens on people with already scarce financial resources, some of whom will be caring for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0077","docId":"crc-c-gc-19","idx":77,"n":77,"text":"States parties should mobilize the full extent of their available resources in a way that is consistent with their obligations of implementation, by: (a) Conducting child rights impact assessments of legislation and policies pertaining to resource mobilization; (b) Reviewing and ensuring that policies and formulas for the division of revenue, both vertical (between different levels of the State) and horizontal (between units at the same level), support and enhance equality among children in different geographical regions; (c) Reviewing and strengthening their capacity to formulate and manage tax legislation, policies and systems, including the signing of agreements between countries to avoid tax evasion; (d) Safeguarding the resources available to advance children’s rights by preventing wastage of resources due to inefficiency or mismanagement and combating corrupt or illicit practices at all levels; (e) Applying the budget principles set out in section IV in all resource mobilization strategies; (f) Ensuring that their sources of revenue, spending and liabilities lead to the realization of children’s rights for current and future generations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0078","docId":"crc-c-gc-19","idx":78,"n":78,"text":"78. The Committee recognizes that sustainable debt management by States, on behalf of creditors and lenders, can contribute to mobilizing resources for the rights of the child. Sustainable debt management includes having in place transparent legislation, policies and systems with clear roles and responsibilities for borrowing and lending, as well as managing and monitoring debt. The Committee also recognizes that long-term unsustainable debt can be a barrier to a State’s ability to mobilize resources for children’s rights, and may lead to taxes and user fees that impact negatively on children. Child rights impact assessments should therefore be carried out also in relation to debt agreements.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0079","docId":"crc-c-gc-19","idx":79,"n":79,"text":"79. Debt relief can increase States’ ability to mobilize resources for the rights of the child. When States parties receive debt relief, children’s rights shall be given serious consideration in decisions regarding the allocation of resources that become available as a result of such relief.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0080","docId":"crc-c-gc-19","idx":80,"n":80,"text":"80. States parties shall protect children’s rights when making decisions related to mobilizing resources through natural resource extraction. Domestic and international agreements regarding such resources, for example, should take into consideration the impacts they might have on current and future generations of children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0081","docId":"crc-c-gc-19","idx":81,"n":81,"text":"Pre-budget statements and budget proposals provide powerful vehicles for States to translate their commitments to the rights of the child into concrete priorities and plans at the national and subnational levels. States parties should prepare their budget-related statements and proposals in such a way as to enable effective comparisons and monitoring of budgets relating to children, by: (a) Adhering to internationally agreed budget classification systems such as functional (sector or subsector), economic (current and capital expenses), administrative (ministry, department, agency) and programme breakdowns (if programme-based budgeting is used), to the extent that they are compliant with children’s rights; (b) Reviewing their administrative guidelines and procedures for the formulation of pre-budget statements and budget proposals, such as standardized worksheets and instructions regarding which stakeholders to consult, in order to ensure that they are in line with the present general comment; (c) Further reviewing their classification systems to ensure that they include budget lines and codes that at a minimum disaggregate budget information in line with all the categories listed in paragraph 84 below; (d) Ensuring that their budget lines and codes correspond at the national and subnational levels; (e) Publishing pre-budget statements and budget proposals that are user-friendly, timely and accessible to legislatures, children and child rights advocates.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"]},{"id":"crc-c-gc-19-0082","docId":"crc-c-gc-19","idx":82,"n":82,"text":"Pre-budget statements and budget proposals convey essential information about how a State plans to meet its child rights obligations. States parties should use their pre-budget statements and budget proposals to: (a) Explain how legislation, policies and programmes affecting children will be funded and implemented; (b) Identify which budget allocations directly target children; (c) Identify which budget allocations indirectly affect children; (d) Present findings from evaluations and audits regarding the impact of past budgets on children; (e) Detail recent or upcoming measures taken to advance children’s rights; (f) Present financial data and explanatory text regarding the past, present and forecasted resources available for spending on the rights of the child, as well as actual expenditures; (g) Set performance targets linking child-related programme goals to budget allocations and actual expenditures, to allow monitoring of outcomes and impacts on children, including those in vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"]},{"id":"crc-c-gc-19-0083","docId":"crc-c-gc-19","idx":83,"n":83,"text":"83. Pre-budget statements and budget proposals are important sources of information for child rights-related organizations, children and their caregivers. States parties should enhance their accountability to people within their jurisdictions by producing such user-friendly and accessible information and disseminating it to the public.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"]},{"id":"crc-c-gc-19-0084","docId":"crc-c-gc-19","idx":84,"n":84,"text":"Clear budget classification systems provide a basis for States and other entities to monitor how budget allocations and actual expenditures affecting children are managed in relation to the budget principles. This calls for budget lines and codes which, at a minimum, disaggregate all planned, enacted, revised and actual expenditures that directly affect children, by: (a) Age, recognizing that the definition of age cohorts will differ from State to State; (b) Gender; (c) Geographical area, for example, by subnational unit; (d) Current, and possible future, categories of children in vulnerable situations, taking into consideration article 2 of the Convention (see also sect. III A); (e) Source of revenue, be it national, subnational, regional or international; (f) Responsible units, such as departments, ministries or agencies at the national and subnational levels.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-19-0085","docId":"crc-c-gc-19","idx":85,"n":85,"text":"85. In their budget proposals, parties should specify any child-related programmes that they propose to outsource, or have already outsourced, to the private sector.[[fn:20]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":20,"text":"See general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, para. 25."}],"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"]},{"id":"crc-c-gc-19-0086","docId":"crc-c-gc-19","idx":86,"n":86,"text":"86. The Committee notes that those States that have advanced furthest in making children’s rights visible in their budgets tend to apply a programme-based approach to budgeting. States parties are urged to share experiences of this approach and consider applying and adapting it to their contexts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"]},{"id":"crc-c-gc-19-0087","docId":"crc-c-gc-19","idx":87,"n":87,"text":"87. The Committee underlines the importance of legislators at the national and subnational levels having access to detailed, user-friendly information about the situation of children and a clear understanding of how budget proposals aim to improve children’s well-being and advance their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","1. Legislators’ scrutiny of budget proposals"]},{"id":"crc-c-gc-19-0088","docId":"crc-c-gc-19","idx":88,"n":88,"text":"88. Legislatures at the national and subnational levels also require adequate time, resources and autonomy to scrutinize budget proposals from a child rights perspective and, where necessary, to undertake or commission analyses or research to shed light on the implications of budget allocations for different groups of children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","1. Legislators’ scrutiny of budget proposals"]},{"id":"crc-c-gc-19-0089","docId":"crc-c-gc-19","idx":89,"n":89,"text":"89. For the oversight role of legislatures to serve the best interests of children, members of legislative bodies and their committees should have the authority to question, review and, where necessary, request amendments to budget proposals, to ensure that they advance the rights of the child in a way that is consistent with the general principles of the Convention and the budget principles.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","1. Legislators’ scrutiny of budget proposals"]},{"id":"crc-c-gc-19-0090","docId":"crc-c-gc-19","idx":90,"n":90,"text":"States parties should contribute so that members of legislatures are adequately prepared to analyse and debate the impact of budget proposals on all children prior to enacting budget legislation, by seeing that national and subnational legislatures, including relevant legislative committees: (a) Have access to information about the situation of children that is easy to understand and use; (b) Have clear explanations from the executive on how legislation, policies and programmes directly or indirectly affecting children are translated into budget lines; (c) Have sufficient time within the budget process to receive the budget proposal, review and debate it, and suggest amendments related to children before the enactment; (d) Have the capacity to independently undertake or commission analyses that highlight the implications of budget proposals on the rights of the child; (e) Are able to hold hearings regarding the budget proposal with stakeholders within the State, including civil society, child advocates and children themselves; (f) Have the necessary resources, for example through a legislatures’ budget office, to undertake oversight activities such as those outlined in (a) to (e) above.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","1. Legislators’ scrutiny of budget proposals"]},{"id":"crc-c-gc-19-0091","docId":"crc-c-gc-19","idx":91,"n":91,"text":"States parties should produce and disseminate national and subnational budget documents during the enactment stage that: (a) Classify budget information in a way that is consistent and easy to understand; (b) Facilitate analysis and monitoring by being compatible with other budget proposals and expenditure reports; (c) Include publications or budget summaries that are accessible to children and child rights advocates, legislatures and civil society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","1. Legislators’ scrutiny of budget proposals"]},{"id":"crc-c-gc-19-0092","docId":"crc-c-gc-19","idx":92,"n":92,"text":"92. The Committee underlines the need for budgets enacted by the legislature to be classified in such a way as to enable comparisons between planned and actual expenditures and the monitoring of budget implementation in relation to child rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","2. Enactment of budget by legislatures"]},{"id":"crc-c-gc-19-0093","docId":"crc-c-gc-19","idx":93,"n":93,"text":"93. The enacted budget is regarded as a public document that is essential not only to the State and legislatures at the national and subnational levels, but should also be accessible to civil society, including children and child rights advocates.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","2. Enactment of budget by legislatures"]},{"id":"crc-c-gc-19-0094","docId":"crc-c-gc-19","idx":94,"n":94,"text":"94. States parties should adopt and maintain transparent and efficient public finance mechanisms and systems to ensure value for money when goods and services are purchased to advance child rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","1. Transfer and spending of available resources"]},{"id":"crc-c-gc-19-0095","docId":"crc-c-gc-19","idx":95,"n":95,"text":"95. The Committee underlines the fact that States parties have a duty to uncover and remedy the root causes of ineffective and inefficient public spending, for example, poor quality of goods or services, inadequate financial management or procurement systems, leakages, untimely transfers, unclear roles and responsibilities, poor absorptive capacity, weak budget information systems and corruption. When States parties waste or mismanage resources aimed at advancing child rights, they have an obligation to explain why this has occurred and show how the causes have been addressed.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","1. Transfer and spending of available resources"]},{"id":"crc-c-gc-19-0096","docId":"crc-c-gc-19","idx":96,"n":96,"text":"96. During the budget year, policies and programmes aimed at children may not reach all intended beneficiaries as planned or may lead to unintended results. States parties should monitor the outcomes of expenditures during the execution stage so that they can intervene and take rapid corrective action when necessary.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","1. Transfer and spending of available resources"]},{"id":"crc-c-gc-19-0097","docId":"crc-c-gc-19","idx":97,"n":97,"text":"97. States parties should regularly monitor and report on budgets relating to children in a manner that enables States and oversight bodies to track progress in advancing children’s rights as set out in the enacted budget.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","2. In-year reporting on the budget"]},{"id":"crc-c-gc-19-0098","docId":"crc-c-gc-19","idx":98,"n":98,"text":"98. The Committee emphasizes the importance of budget reports being made publicly available in a timely manner and highlighting deviations between the enacted, revised and actual revenues and expenditures in relation to legislation, policies and programmes affecting children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","2. In-year reporting on the budget"]},{"id":"crc-c-gc-19-0099","docId":"crc-c-gc-19","idx":99,"n":99,"text":"99. The Committee underlines the fact that States parties should use budget classification systems that allow expenditures related to the rights of the child to be reported, tracked and analysed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","2. In-year reporting on the budget"]},{"id":"crc-c-gc-19-0100","docId":"crc-c-gc-19","idx":100,"n":100,"text":"100. States parties should monitor and analyse the revenue collection, reach and outputs of actual expenditures for different groups of children during the budget year and from year to year, for example in terms of the availability, quality, accessibility and equitable distribution of services. States parties are urged to ensure that resources and capacity are in place to conduct such monitoring and analyses, including of services outsourced to the private sector.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","3. Executing the budget"]},{"id":"crc-c-gc-19-0101","docId":"crc-c-gc-19","idx":101,"n":101,"text":"States parties should monitor and publicly report on the implementation of enacted budgets on a regular basis, including: (a) Making comparisons between what was budgeted and what was actually spent at different administrative levels across different social sectors; (b) Publishing a comprehensive midterm report that covers actual expenditures made, revenues mobilized, and debt incurred half way into the budget year; (c) Publishing more frequent, for example monthly or quarterly, in-year reports.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","3. Executing the budget"]},{"id":"crc-c-gc-19-0102","docId":"crc-c-gc-19","idx":102,"n":102,"text":"102. States parties are obliged to establish public accountability mechanisms that allow civil society, including children, to monitor outcomes of public spending.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","3. Executing the budget"]},{"id":"crc-c-gc-19-0103","docId":"crc-c-gc-19","idx":103,"n":103,"text":"103. States parties should have internal control and audit processes in place to ensure that rules and procedures are followed in relation to actual expenditures related to children’s rights, and that accounting and reporting processes are adhered to.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","3. Executing the budget"]},{"id":"crc-c-gc-19-0104","docId":"crc-c-gc-19","idx":104,"n":104,"text":"104. Year-end budget reports allow States to account, at the national and subnational levels, for their revenue, borrowing, international cooperation and actual expenditures in relation to the rights of the child. They provide a basis for civil society and legislatures to scrutinize the past year’s budget performance and when necessary, raise concerns about actual expenditures on children and child rights-related programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","1. Year-end reports and evaluations"]},{"id":"crc-c-gc-19-0105","docId":"crc-c-gc-19","idx":105,"n":105,"text":"105. The Committee emphasizes that States parties, in their year-end reports, should provide comprehensive information on all revenue collected and actual expenditures that affect children’s rights. States parties should release user-friendly reports to national and subnational legislatures and make year-end reports and evaluations accessible and publicly available in a timely manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","1. Year-end reports and evaluations"]},{"id":"crc-c-gc-19-0106","docId":"crc-c-gc-19","idx":106,"n":106,"text":"Evaluations and other types of analyses of budgets undertaken by the State and independent evaluation bodies can offer valuable insight into the impact of revenue collection and actual spending on the situation of different groups of children, especially those in vulnerable situations. States parties should undertake and encourage regular evaluations and analyses of the impact of budgets on the situation of children, by: (a) Allocating sufficient financial and human resources to regularly undertake such evaluations and analyses; (b) Rigorously assessing and considering the findings of such evaluations and analyses throughout the budget process and reporting back on decisions taken in relation to them; (c) Establishing and strengthening independent evaluation bodies, such as research institutes, to conduct evaluations of the effectiveness, efficiency, equity, transparency and sustainability of actual expenditures related to the rights of the child; (d) Ensuring that civil society, including children, can make contributions to the evaluation and analyses, for example, through child rights impact assessments.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","1. Year-end reports and evaluations"]},{"id":"crc-c-gc-19-0107","docId":"crc-c-gc-19","idx":107,"n":107,"text":"107. Supreme audit institutions play an essential role in the budget process by verifying whether public revenue collection and spending takes place in accordance with the enacted budget. Audits may investigate the efficiency or effectiveness of expenditures and focus on specific sectors, government structures of the State or cross-cutting issues. Dedicated audits in relation to the rights of the child can assist States in evaluating and improving public revenue mobilization and spending on children. States parties should make the audit reports accessible and publicly available in a timely manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","2. Audits"]},{"id":"crc-c-gc-19-0108","docId":"crc-c-gc-19","idx":108,"n":108,"text":"108. The Committee underlines the fact that supreme audit institutions should be independent from the State and should have a mandate to access the information and resources needed to audit and report on child-related budgets in an independent, accountable and transparent manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","2. Audits"]},{"id":"crc-c-gc-19-0109","docId":"crc-c-gc-19","idx":109,"n":109,"text":"States parties should support the oversight role of the supreme audit institutions in relation to public revenue collection and spending on the rights of the child by: (a) Presenting comprehensive annual accounts to the supreme audit institutions in a timely manner; (b) Ensuring that resources are available for the supreme audit institutions to undertake audits in relation to the rights of the child; (c) Providing public responses to audits related to the impact of actual expenditures on children’s rights, including how the State addresses audit findings and recommendations; (d) Ensuring that State officials have the capacity to appear before committees of the legislature to respond to concerns raised in audit reports pertaining to child rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","2. Audits"]},{"id":"crc-c-gc-19-0110","docId":"crc-c-gc-19","idx":110,"n":110,"text":"Civil society, including children, can make important contributions to the audit of public expenditures. States parties are encouraged to support and empower civil society to participate in the evaluation and audit of actual expenditures relating to children’s rights, by: (a) Establishing public accountability mechanisms for this purpose and reviewing them regularly to ensure that they are accessible, participatory and effective; (b) Ensuring that State officials have the capacity to respond in an informed way to the findings of civil society and independent bodies that monitor and audit public expenditures relevant to children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","2. Audits"]},{"id":"crc-c-gc-19-0111","docId":"crc-c-gc-19","idx":111,"n":111,"text":"111. States parties should use audits of previous public resource mobilization, budget allocations and expenditures related to child rights to inform the next planning stage of the budget process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","2. Audits"]},{"id":"crc-c-gc-19-0112","docId":"crc-c-gc-19","idx":112,"n":112,"text":"112. The Committee recommends that States parties widely disseminate the present general comment to all its government branches, levels and structures and to civil society, including children and their caregivers, as well as to development cooperation entities, academia, the media and relevant parts of the private sector.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. Dissemination of the present general comment"]},{"id":"crc-c-gc-19-0113","docId":"crc-c-gc-19","idx":113,"n":113,"text":"113. States parties should translate the general comment into relevant languages and make child appropriate versions available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. Dissemination of the present general comment"]},{"id":"crc-c-gc-19-0114","docId":"crc-c-gc-19","idx":114,"n":114,"text":"114. Events should be held to share best practices related to the general comment and to train all concerned professionals and technical staff on its content.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. Dissemination of the present general comment"]},{"id":"crc-c-gc-19-0115","docId":"crc-c-gc-19","idx":115,"n":115,"text":"115. The Committee encourages all of the above stakeholders to share good practices in relation to the content of the general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. Dissemination of the present general comment"]},{"id":"crc-c-gc-19-0116","docId":"crc-c-gc-19","idx":116,"n":116,"text":"116. States parties should include information in their periodic reporting to the Committee on the challenges they face and the measures they have taken to apply the present general comment in their budgets and budget processes.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. Dissemination of the present general comment"]},{"id":"crc-gc-2002-2-0001","docId":"crc-gc-2002-2","idx":1,"n":1,"text":"Article 4 of the Convention on the Rights of the Child obliges States parties to “undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention”. Independent national human rights institutions (NHRIs) are an important mechanism to promote and ensure the implementation of the Convention, and the Committee on the Rights of the Child considers the establishment of such bodies to fall within the commitment made by States parties upon ratification to ensure the implementation of the Convention and advance the universal realization of children’s rights. In this regard, the Committee has welcomed the establishment of NHRIs and children’s ombudspersons/children’s commissioners and similar independent bodies for the promotion and monitoring of the implementation of the Convention in a number of States parties.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2002-2-0002","docId":"crc-gc-2002-2","idx":2,"n":2,"text":"The Committee issues this general comment in order to encourage States parties to establish an independent institution for the promotion and monitoring of implementation of the Convention and to support them in this regard by elaborating the essential elements of such institutions and the activities which should be carried out by them. Where such institutions have already been established, the Committee calls upon States to review their status and effectiveness for promoting and protecting children’s rights, as enshrined in the Convention on the Rights of the Child and other relevant international instruments.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0003","docId":"crc-gc-2002-2","idx":3,"n":3,"text":"The World Conference on Human Rights, held in 1993, in the Vienna Declaration and Programme of Action reaffirmed “… the important and constructive role played by national institutions for the promotion and protection of human rights”, and encouraged “… the establishment and strengthening of national institutions”. The General Assembly and the","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"footnotes":[{"n":1,"text":"General guidelines regarding the form and contents of periodic reports to be submitted by States parties under article 44, paragraph 1 (b), of the Convention (CRC/C/58), para. 18."}]},{"id":"crc-gc-2002-2-0004","docId":"crc-gc-2002-2","idx":4,"n":4,"text":"NHRIs should be established in compliance with the Principles relating to the status of national institutions for the promotion and protection of human rights (The “Paris Principles”) adopted by the General Assembly in 1993[[fn:2]] transmitted by the Commission on Human Rights in 1992.[[fn:3]] These minimum standards provide guidance for the establishment, competence, responsibilities, composition, including pluralism, independence, methods of operation, and quasi-judicial activities of such national bodies.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"footnotes":[{"n":2,"text":"Principles relating to the status of national institutions for the promotion and protection of human rights (The “Paris Principles”), General Assembly resolution 48/134 of 20 December 1993, annex."},{"n":3,"text":"Commission on Human Rights resolution 1992/54 of 3 March 1992, annex. - - - - -"}]},{"id":"crc-gc-2002-2-0005","docId":"crc-gc-2002-2","idx":5,"n":5,"text":"While adults and children alike need independent NHRIs to protect their human rights, additional justifications exist for ensuring that children’s human rights are given special attention. These include the facts that children’s developmental state makes them particularly vulnerable to human rights violations; their opinions are still rarely taken into account; most children have no vote and cannot play a meaningful role in the political process that determines Governments’ response to human rights; children encounter significant problems in using the judicial system to protect their rights or to seek remedies for violations of their rights; and children’s access to organizations that may protect their rights is generally limited.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0006","docId":"crc-gc-2002-2","idx":6,"n":6,"text":"Specialist independent human rights institutions for children, ombudspersons or commissioners for children’s rights have been established in a growing number of States parties. Where resources are limited, consideration must be given to ensuring that the available resources are used most effectively for the promotion and protection of everyone’s human rights, including children’s, and in this context development of a broad-based NHRI that includes a specific focus on children is likely to constitute the best approach. A broad-based NHRI should include within its structure either an identifiable commissioner specifically responsible for children’s rights, or a specific section or division responsible for children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0007","docId":"crc-gc-2002-2","idx":7,"n":7,"text":"It is the view of the Committee that every State needs an independent human rights institution with responsibility for promoting and protecting children’s rights. The Committee’s principal concern is that the institution, whatever its form, should be able, independently and effectively, to monitor, promote and protect children’s rights. It is essential that promotion and protection of children’s rights is “mainstreamed” and that all human rights institutions existing in a country work closely together to this end. Mandate and powers","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0008","docId":"crc-gc-2002-2","idx":8,"n":8,"text":"NHRIs should, if possible, be constitutionally entrenched and must at least be legislatively mandated. It is the view of the Committee that their mandate should include as broad a scope as possible for promoting and protecting human rights, incorporating the Convention on the Rights of the Child, its Optional Protocols and other relevant international human rights instruments - thus effectively covering children’s human rights, in particular their civil, political, economic, social and cultural rights. The legislation should include provisions CRC/GC/2002/2 page 3 setting out specific functions, powers and duties relating to children linked to the Convention on the Rights of the Child and its Optional Protocols. If the NHRI was established before the existence of the Convention, or without expressly incorporating it, necessary arrangements, including the enactment or amendment of legislation, should be put in place so as to ensure conformity of the institution’s mandate with the principles and provisions of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0009","docId":"crc-gc-2002-2","idx":9,"n":9,"text":"NHRIs should be accorded such powers as are necessary to enable them to discharge their mandate effectively, including the power to hear any person and obtain any information and document necessary for assessing the situations falling within their competence. These powers should include the promotion and protection of the rights of all children under the jurisdiction of the State party in relation not only to the State but to all relevant public and private entities. Establishment process","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0010","docId":"crc-gc-2002-2","idx":10,"n":10,"text":"The NHRI establishment process should be consultative, inclusive and transparent, initiated and supported at the highest levels of Government and inclusive of all relevant elements of the State, the legislature and civil society. In order to ensure their independence and effective functioning, NHRIs must have adequate infrastructure, funding (including specifically for children’s rights, within broad-based institutions), staff, premises, and freedom from forms of financial control that might affect their independence. Resources","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0011","docId":"crc-gc-2002-2","idx":11,"n":11,"text":"While the Committee acknowledges that this is a very sensitive issue and that State parties function with varying levels of economic resources, the Committee believes that it is the duty of States to make reasonable financial provision for the operation of national human rights institutions in light of article 4 of the Convention. The mandate and powers of national institutions may be meaningless, or the exercise of their powers limited, if the national institution does not have the means to operate effectively to discharge its powers. Pluralistic representation","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2002-2-0012","docId":"crc-gc-2002-2","idx":12,"n":12,"text":"NHRIs should ensure that their composition includes pluralistic representation of the various elements of civil society involved in the promotion and protection of human rights. They should seek to involve, among others, the following: human rights, anti-discrimination and children’s rights non-governmental organizations (NGOs), including child- and youth-led organizations; trade unions; social and professional organizations (of doctors, lawyers, journalists, scientists, etc.); universities and experts, including children’s rights experts. Government departments should be involved in an advisory capacity only. NHRIs should have appropriate and transparent appointment procedures, including an open and competitive selection process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0013","docId":"crc-gc-2002-2","idx":13,"n":13,"text":"NHRIs must have the power to consider individual complaints and petitions and carry out investigations, including those submitted on behalf of or directly by children. In order to be able to effectively carry out such investigations, they must have the powers to compel and question CRC/GC/2002/2 page 4 witnesses, access relevant documentary evidence and access places of detention. They also have a duty to seek to ensure that children have effective remedies - independent advice, advocacy and complaints procedures - for any breaches of their rights. Where appropriate, NHRIs should undertake mediation and conciliation of complaints.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0014","docId":"crc-gc-2002-2","idx":14,"n":14,"text":"NHRIs should have the power to support children taking cases to court, including the power (a) to take cases concerning children’s issues in the name of the NHRI and (b) to intervene in court cases to inform the court about the human rights issues involved in the case.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0015","docId":"crc-gc-2002-2","idx":15,"n":15,"text":"NHRIs should be geographically and physically accessible to all children. In the spirit of article 2 of the Convention, they should proactively reach out to all groups of children, in particular the most vulnerable and disadvantaged, such as (but not limited to) children in care or detention, children from minority and indigenous groups, children with disabilities, children living in poverty, refugee and migrant children, street children and children with special needs in areas such as culture, language, health and education. NHRI legislation should include the right of the institution to have access in conditions of privacy to children in all forms of alternative care and to all institutions that include children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2002-2-0016","docId":"crc-gc-2002-2","idx":16,"n":16,"text":"NHRIs have a key role to play in promoting respect for the views of children in all matters affecting them, as articulated in article 12 of the Convention, by Government and throughout society. This general principle should be applied to the establishment, organization and activities of national human rights institutions. Institutions must ensure that they have direct contact with children and that children are appropriately involved and consulted. Children’s councils, for example, could be created as advisory bodies for NHRIs to facilitate the participation of children in matters of concern to them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2002-2-0017","docId":"crc-gc-2002-2","idx":17,"n":17,"text":"NHRIs should devise specially tailored consultation programmes and imaginative communication strategies to ensure full compliance with article 12 of the Convention. A range of suitable ways in which children can communicate with the institution should be established.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2002-2-0018","docId":"crc-gc-2002-2","idx":18,"n":18,"text":"NHRIs must have the right to report directly, independently and separately on the state of children’s rights to the public and to parliamentary bodies. In this respect, States parties must ensure that an annual debate is held in Parliament to provide parliamentarians with an opportunity to discuss the work of the NHRI in respect of children’s rights and the State’s compliance with the Convention. Recommended activities","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0019","docId":"crc-gc-2002-2","idx":19,"n":19,"text":"The following is an indicative, but not exhaustive, list of the types of activities which NHRIs should carry out in relation to the implementation of children’s rights in light of the general principles of the Convention. They should:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"42","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-gc-2002-2-0020","docId":"crc-gc-2002-2","idx":20,"n":20,"text":"NHRIs should contribute independently to the reporting process under the Convention and other relevant international instruments and monitor the integrity of government reports to international treaty bodies with respect to children’s rights, including through dialogue with the Committee on the Rights of the Child at its pre-sessional working group and with other relevant treaty bodies.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0021","docId":"crc-gc-2002-2","idx":21,"n":21,"text":"The Committee requests that States parties include detailed information on the legislative basis and mandate and principal relevant activities of NHRIs in their reports to the Committee. It is appropriate for States parties to consult with independent human rights institutions during the preparation of reports to the Committee. However, States parties must respect the independence of these bodies and their independent role in providing information to the Committee. It is not appropriate to delegate to NHRIs the drafting of reports or to include them in the government delegation when reports are examined by the Committee. CRC/GC/2002/2 page 7","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0022","docId":"crc-gc-2002-2","idx":22,"n":22,"text":"NHRIs should also cooperate with the special procedures of the Commission on Human Rights, including country and thematic mechanisms, in particular the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Representative of the Secretary-General for Children and Armed Conflict.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0023","docId":"crc-gc-2002-2","idx":23,"n":23,"text":"The United Nations has a long-standing programme of assistance for the establishment and strengthening of national human rights institutions. This programme, which is based in the Office of the High Commissioner for Human Rights (OHCHR), provides technical assistance and facilitates regional and global cooperation and exchanges among national human rights institutions. States parties should avail themselves of this assistance where necessary. The United Nations Children’s Fund (UNICEF) also offers expertise and technical cooperation in this area.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0024","docId":"crc-gc-2002-2","idx":24,"n":24,"text":"As articulated in article 45 of the Convention, the Committee may also transmit, as it considers appropriate, to any specialized United Nations agency, OHCHR and any other competent body any reports from States parties that contain a request or indicate a need for technical advice or assistance in the establishment of NHRIs. NHRIs and States parties","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"45","source":"regex"}]},{"id":"crc-gc-2002-2-0025","docId":"crc-gc-2002-2","idx":25,"n":25,"text":"The State ratifies the Convention on the Rights of the Child and takes on obligations to implement it fully. The role of NHRIs is to monitor independently the State’s compliance and progress towards implementation and to do all it can to ensure full respect for children’s rights. While this may require the institution to develop projects to enhance the promotion and protection of children’s rights, it should not lead to the Government delegating its monitoring obligations to the national institution. It is essential that institutions remain entirely free to set their own agenda and determine their own activities. NHRIs and NGOs","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0026","docId":"crc-gc-2002-2","idx":26,"n":26,"text":"Non-governmental organizations play a vital role in promoting human rights and children’s rights. The role of NHRIs, with their legislative base and specific powers, is complementary. It is essential that institutions work closely with NGOs and that Governments respect the independence of both NHRIs and NGOs.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0027","docId":"crc-gc-2002-2","idx":27,"n":27,"text":"Regional and international processes and mechanisms can strengthen and consolidate NHRIs through shared experience and skills, as NHRIs share common problems in the promotion and protection of human rights in their respective countries.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0028","docId":"crc-gc-2002-2","idx":28,"n":28,"text":"In this respect, NHRIs should consult and cooperate with relevant national, regional and international bodies and institutions on children’s rights issues. CRC/GC/2002/2 page 8","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0029","docId":"crc-gc-2002-2","idx":29,"n":29,"text":"Children’s human rights issues are not constrained by national borders and it has become increasingly necessary to devise appropriate regional and international responses to a variety of child rights issues (including, but not limited to, the trafficking of women and children, child pornography, child soldiers, child labour, child abuse, refugee and migrant children, etc.). International and regional mechanisms and exchanges are encouraged, as they provide NHRIs with an opportunity to learn from each other’s experience, collectively strengthen each other’s positions and contribute to resolving human rights problems affecting both countries and regions. Notes","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-c-gc-20-0001","docId":"crc-c-gc-20","idx":1,"n":1,"text":"1. The Convention on the Rights of the Child defines a child as every human being below the age of 18 years unless under the law applicable to the child majority is attained earlier, and emphasizes that States should respect and ensure the rights embodied in the Convention to each child within their jurisdiction without discrimination of any kind. While the Convention recognizes the rights of all persons under 18 years, the implementation of rights should take account of children’s development and their evolving capacities. Approaches adopted to ensure the realization of the rights of adolescents differ significantly from those adopted for younger children.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-20-0002","docId":"crc-c-gc-20","idx":2,"n":2,"text":"2. Adolescence is a life stage characterized by growing opportunities, capacities, aspirations, energy and creativity, but also significant vulnerability. Adolescents are agents of change and a key asset and resource with the potential to contribute positively to their families, communities and countries. Globally, adolescents engage positively in many spheres, including health and education campaigns, family support, peer education, community development initiatives, participatory budgeting and creative arts, and make contributions towards peace, human rights, environmental sustainability and climate justice. Many adolescents are at the cutting edge of the digital and social media environments, which form an increasingly central role in their education, culture and social networks, and hold potential in terms of political engagement and monitoring accountability.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-20-0003","docId":"crc-c-gc-20","idx":3,"n":3,"text":"3. The Committee observes that the potential of adolescents is widely compromised because States parties do not recognize or invest in the measures needed for them to enjoy their rights. Data disaggregated by age, sex and disability are not available in most countries to inform policy, identify gaps and support the allocation of appropriate resources for adolescents. Generic policies designed for children or young people often fail to address adolescents in all their diversity and are inadequate to guarantee the realization of their rights. The costs of inaction and failure are high: the foundations laid down during adolescence in terms of emotional security, health, sexuality, education, skills, resilience and understanding of rights will have profound implications, not only for their individual optimum development, but also for present and future social and economic development.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-20-0004","docId":"crc-c-gc-20","idx":4,"n":4,"text":"4. In the present general comment, the Committee provides guidance to States on the measures necessary to ensure the realization of the rights of children during adolescence, cognizant also of the 2030 Agenda for Sustainable Development. It highlights the importance of a human rights-based approach that includes recognition and respect for the dignity and agency of adolescents; their empowerment, citizenship and active participation in their own lives; the promotion of optimum health, well-being and development; and a commitment to the promotion, protection and fulfilment of their human rights, without discrimination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-20-0005","docId":"crc-c-gc-20","idx":5,"n":5,"text":"5. The Committee recognizes that adolescence is not easily defined, and that individual children reach maturity at different ages. Puberty occurs at different ages for boys and girls, and different brain functions mature at different times. The process of transitioning from childhood to adulthood is influenced by context and environment, as reflected in the wide variation in cultural expectations of adolescents in national legislations, which afford different thresholds for entry into adult activities, and across international bodies, which employ a variety of age ranges to define adolescence. The present general comment does not seek, therefore, to define adolescence, but instead focuses on the period of childhood from 10 years until the 18th birthday to facilitate consistency in data collection.[[fn:1]]","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":1,"text":"See www.who.int/maternal_child_adolescent/topics/adolescence/dev/en/."}],"section":["I. Introduction"]},{"id":"crc-c-gc-20-0006","docId":"crc-c-gc-20","idx":6,"n":6,"text":"6. The Committee notes that several of its general comments have a particular resonance for adolescents, notably those relating to adolescent health and development, HIV/AIDS, eradicating practices that are harmful to women and children, unaccompanied and separated children and juvenile justice. The Committee emphasizes the particular significance for adolescents of the recommendations arising from the day of general discussion on digital media and children’s rights. The present general comment has been developed to provide an overview on how the Convention in its entirety needs to be understood and implemented in respect of all adolescents and should be read together with other general comments and with documents arising from the day of general discussion.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-20-0007","docId":"crc-c-gc-20","idx":7,"n":7,"text":"The objectives of the present general comment are: (a) To provide States with guidance on the legislation, policies and services needed to promote comprehensive adolescent development consistent with the realization of their rights; (b) To raise awareness of the opportunities afforded by and challenges faced during adolescence; (c) To enhance understanding of and respect for the evolving capacities of adolescents and the implications for the realization of their rights; (d) To strengthen the case for greater visibility and awareness of adolescents and for investment to enable them to realize their rights throughout the course of their lives.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Objectives"]},{"id":"crc-c-gc-20-0008","docId":"crc-c-gc-20","idx":8,"n":8,"text":"8. The Committee draws States parties’ attention to the powerful case for a focus on adolescents to promote the realization of their rights, strengthen their potential contribution to positive and progressive social transformation and overcome the challenges they face in the transition from childhood to adulthood in an increasingly globalized and complex world.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. The case for a focus on adolescents"]},{"id":"crc-c-gc-20-0009","docId":"crc-c-gc-20","idx":9,"n":9,"text":"9. Adolescents are on a rapid curve of development. The significance of the developmental changes during adolescence has not yet been as widely understood as that which occurs in early years. Adolescence is a unique defining stage of human development characterized by rapid brain development and physical growth, enhanced cognitive ability, the onset of puberty and sexual awareness and newly emerging abilities, strengths and skills. Adolescents experience greater expectations surrounding their role in society and more significant peer relationships as they transition from a situation of dependency to one of greater autonomy.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. The case for a focus on adolescents"]},{"id":"crc-c-gc-20-0010","docId":"crc-c-gc-20","idx":10,"n":10,"text":"10. As they move through their second decade, children begin to explore and forge their own individual and community identities on the basis of a complex interaction with their own family and cultural history, and experience the creation of an emergent sense of self, often expressed through language, arts and culture, both as individuals and through association with their peers. For many, that process takes place around and is significantly informed and influenced by their engagement with the digital environment. The process of construction and expression of identity is particularly complex for adolescents as they create a pathway between minority and mainstream cultures.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. The case for a focus on adolescents"]},{"id":"crc-c-gc-20-0011","docId":"crc-c-gc-20","idx":11,"n":11,"text":"11. In order to ensure the optimum development of every child throughout childhood, it is necessary to recognize the impact that each period of life has on subsequent stages. Adolescence is a valuable period of childhood in its own right but is also a critical period of transition and opportunity for improving life chances. Positive early childhood interventions and experiences facilitate optimal development as young children become adolescents.[[fn:2]] However, any investment in young people risks being wasted if their rights throughout adolescence do not also receive adequate attention. Furthermore, positive and supportive opportunities during adolescence can be used to offset some of the consequences caused by harm suffered during early childhood, and build resilience to mitigate future damage. The Committee therefore underlines the importance of a life-course perspective.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":2,"text":"See Committee on the Rights of the Child general comment No. 7 (2005) on implementing child rights in early childhood, para. 8."}],"section":["III. The case for a focus on adolescents","Recognizing adolescence as part of the life course"]},{"id":"crc-c-gc-20-0012","docId":"crc-c-gc-20","idx":12,"n":12,"text":"12. Reaching adolescence can mean exposure to a range of risks, reinforced or exacerbated by the digital environment, including substance use and addiction, violence and abuse, sexual or economic exploitation, trafficking, migration, radicalization or recruitment into gangs or militias. As they approach adulthood, adolescents need suitable education and support to tackle local and global challenges, including poverty and inequality, discrimination, climate change and environmental degradation, urbanization and migration, ageing societies, pressure to perform in school and escalating humanitarian and security crises. Growing up in more heterogeneous and multi-ethnic societies, as a consequence of increased global migration, also requires greater capacities for understanding, tolerance and coexistence. Investment is needed in measures to strengthen the capacities of adolescents to overcome or mitigate those challenges, address the societal drivers serving to exclude and marginalize them and equip them to face challenging and changing social, economic and digital environments.","labels":["Adolescents","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. The case for a focus on adolescents","Challenging environment"]},{"id":"crc-c-gc-20-0013","docId":"crc-c-gc-20","idx":13,"n":13,"text":"13. Although adolescence is generally characterized by relatively low mortality compared to other age groups, the risk of death and disease during the adolescent years is real, including from preventable causes such as childbirth, unsafe abortions, road traffic accidents, sexually transmitted infections, including HIV, interpersonal injuries, mental ill health and suicide, all of which are associated with certain behaviours and require cross-sectoral collaboration.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. The case for a focus on adolescents","Period of health risks"]},{"id":"crc-c-gc-20-0014","docId":"crc-c-gc-20","idx":14,"n":14,"text":"14. The general principles of the Convention provide the lens through which the process of implementation should be viewed, and act as a guide for determining the measures needed to guarantee the realization of the rights of children during adolescence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention"]},{"id":"crc-c-gc-20-0015","docId":"crc-c-gc-20","idx":15,"n":15,"text":"15. The Committee emphasizes the importance of valuing adolescence and its associated characteristics as a positive developmental stage of childhood. It regrets the widespread negative characterization of adolescence leading to narrow problem-focused interventions and services, rather than a commitment to building optimum environments to guarantee the rights of adolescents and support the development of their physical, psychological, spiritual, social, emotional, cognitive, cultural and economic capacities.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","A. Right to development","Positive and holistic approach"]},{"id":"crc-c-gc-20-0016","docId":"crc-c-gc-20","idx":16,"n":16,"text":"16. States, together with non-State actors, through dialogue and engagement with adolescents themselves, should promote environments that acknowledge the intrinsic value of adolescence and introduce measures to help them to thrive, explore their emerging identities, beliefs, sexualities and opportunities, balance risk and safety, build capacity for making free, informed and positive decisions and life choices, and successfully navigate the transition into adulthood. An approach is required that builds on strengths and recognizes the contribution that adolescents can bring to their lives and those of others, while addressing the barriers that inhibit those opportunities.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","A. Right to development","Positive and holistic approach"]},{"id":"crc-c-gc-20-0017","docId":"crc-c-gc-20","idx":17,"n":17,"text":"17. Factors known to promote the resilience and healthy development of adolescents include: (a) strong relationships with and support from the key adults in their lives; (b) opportunities for participation and decision-making; (c) problem-solving and coping skills; (d) safe and healthy local environments; (e) respect for individuality; and (f) opportunities for building and sustaining friendships. The Committee emphasizes that opportunities for adolescents to build and benefit from such social assets will enhance their capacities to contribute to the realization of their rights, including by maintaining good physical and mental health, avoiding risky behaviour, recovering from adversity, succeeding in school, showing tolerance, creating friendships and exercising leadership.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","A. Right to development","Positive and holistic approach"]},{"id":"crc-c-gc-20-0018","docId":"crc-c-gc-20","idx":18,"n":18,"text":"18. Article 5 of the Convention requires that parental direction and guidance be provided in a manner consistent with the evolving capacities of the child. The Committee defines evolving capacities as an enabling principle that addresses the process of maturation and learning through which children progressively acquire competencies, understanding[[fn:3]] and increasing levels of agency to take responsibility and exercise their rights. The Committee has argued that the more a child knows and understands, the more his or her parents will have to transform direction and guidance into reminders and gradually to an exchange on an equal footing.[[fn:4]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":3,"text":"Ibid., para. 17."},{"n":4,"text":"See general comment No. 12 (2009) on the right of the child to be heard, para. 84."}],"section":["IV. General principles of the Convention","A. Right to development","Respect for evolving capacities"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-20-0019","docId":"crc-c-gc-20","idx":19,"n":19,"text":"19. The Committee emphasizes that the right to exercise increasing levels of responsibility does not obviate States’ obligations to guarantee protection.[[fn:5]] Gradual emergence from the protection of the family or another care environment, together with relative inexperience and lack of power, can render adolescents vulnerable to violations of their rights. The Committee stresses that engaging adolescents in the identification of potential risks and the development and implementation of programmes to mitigate them will lead to more effective protection. By being guaranteed the right to be heard, to challenge rights violations and to seek redress, adolescents are enabled to exercise agency progressively in their own protection.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":5,"text":"See, e.g., articles 32-39 of the Convention."}],"section":["IV. General principles of the Convention","A. Right to development","Respect for evolving capacities"]},{"id":"crc-c-gc-20-0020","docId":"crc-c-gc-20","idx":20,"n":20,"text":"20. In seeking to provide an appropriate balance between respect for the evolving capacities of adolescents and appropriate levels of protection, consideration should be given to a range of factors affecting decision-making, including the level of risk involved, the potential for exploitation, understanding of adolescent development, recognition that competence and understanding do not necessarily develop equally across all fields at the same pace and recognition of individual experience and capacity.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","A. Right to development","Respect for evolving capacities"]},{"id":"crc-c-gc-20-0021","docId":"crc-c-gc-20","idx":21,"n":21,"text":"21. The Committee has identified multiple forms of discrimination, many of which have particular implications in adolescence and necessitate an intersectional analysis and targeted holistic measures.[[fn:6]] Adolescence itself can be a source of discrimination. During this period, adolescents may be treated as dangerous or hostile, incarcerated, exploited or exposed to violence as a direct consequence of their status. Paradoxically, they are also often treated as incompetent and incapable of making decisions about their lives. The Committee urges States to ensure that all of the rights of every adolescent boy and girl are afforded equal respect and protection and that comprehensive and appropriate affirmative action measures are introduced in order to diminish or eliminate conditions that result in direct or indirect discrimination against any group of adolescents on any grounds.[[fn:7]] States are reminded that not every differentiation of treatment will constitute discrimination, if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose that is legitimate under the Convention.[[fn:8]]","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":6,"text":"See www2.ohchr.org/english/issues/women/rapporteur/docs/15YearReviewofVAWMandate.pdf."},{"n":7,"text":"See general comment No. 5 (2003) on general measures of implementation of the Convention, para. 12."},{"n":8,"text":"See Human Rights Committee general comment No. 18 (1989) on non-discrimination, para. 147."}],"section":["IV. General principles of the Convention","B. Non-discrimination"]},{"id":"crc-c-gc-20-0022","docId":"crc-c-gc-20","idx":22,"n":22,"text":"22. The right of the child to have his or her best interests taken into account as a primary consideration is a substantive right, an interpretative legal principle and a rule of procedure, and it applies to children both as individuals and as a group.[[fn:9]] All measures of implementation of the Convention, including legislation, policies, economic and social planning, decision-making and budgetary decisions, should follow procedures that ensure that the best interests of the child, including adolescents, are taken as a primary consideration in all actions concerning them. In the light of its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee stresses that, when determining best interests, the child’s views should be taken into account, consistent with their evolving capacities[[fn:10]] and taking into consideration the child’s characteristics. States parties need to ensure that appropriate weight is afforded to the views of adolescents as they acquire understanding and maturity.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":9,"text":"See Committee on the Rights of the Child general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, para. 6."},{"n":10,"text":"See general comment No. 12, paras. 70-74, and No. 14, paras. 43-45."}],"section":["IV. General principles of the Convention","C. Best interests"]},{"id":"crc-c-gc-20-0023","docId":"crc-c-gc-20","idx":23,"n":23,"text":"23. In accordance with article 12 of the Convention, States parties should introduce measures to guarantee adolescents the right to express views on all matters of concern to them, in accordance with their age and maturity, and ensure they are given due weight, for example, in decisions relating to their education, health, sexuality, family life and judicial and administrative proceedings. States should ensure that adolescents are involved in the development, implementation and monitoring of all relevant legislation, policies, services and programmes affecting their lives, at school and at the community, local, national and international levels.[[fn:11]] The online environment provides significant emerging opportunities for strengthening and expanding their engagement. The measures should be accompanied by the introduction of safe and accessible complaint and redress mechanisms with the authority to adjudicate claims made by adolescents, and by access to subsidized or free legal services and other appropriate assistance.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":11,"text":"See general comment, No. 12, para. 27."}],"section":["IV. General principles of the Convention","D. Right to be heard and to participation"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-20-0024","docId":"crc-c-gc-20","idx":24,"n":24,"text":"24. The Committee emphasizes the importance of participation as a means of political and civil engagement through which adolescents can negotiate and advocate for the realization of their rights, and hold States accountable. States should adopt policies to increase opportunities for political participation, which is instrumental in the development of active citizenship. Adolescents can connect with peers, engage in political processes and increase their sense of agency to make informed decisions and choices, and therefore need to be supported in forming organizations through which they can participate in a variety of means, including digital media. If States decide to lower the voting age to under 18 years, they should invest in measures that support adolescents to understand, recognize and fulfil their role as active citizens, including through citizenship and human rights education and by identifying and addressing barriers to their engagement and participation.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","D. Right to be heard and to participation"]},{"id":"crc-c-gc-20-0025","docId":"crc-c-gc-20","idx":25,"n":25,"text":"25. The Committee notes that adults’ understanding and awareness of adolescents’ right to participation is important for adolescents’ enjoyment of that right, and it encourages States to invest in training and awareness-raising, particularly for parents and caregivers, professionals working with and for adolescents, policymakers and decision makers. Support is needed to enable adults to become mentors and facilitators so that adolescents can take greater responsibility for their own lives and the lives of those around them.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","D. Right to be heard and to participation"]},{"id":"crc-c-gc-20-0026","docId":"crc-c-gc-20","idx":26,"n":26,"text":"26. Certain groups of adolescents may be particularly subject to multiple vulnerabilities and violations of their rights, including discrimination and social exclusion. All measures taken in respect of legislation, policies and programmes focused on adolescents should take into consideration intersecting violations of rights and the compounded negative effects on the adolescents concerned.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention"]},{"id":"crc-c-gc-20-0027","docId":"crc-c-gc-20","idx":27,"n":27,"text":"27. During adolescence, gender inequalities become more significant. Manifestations of discrimination, inequality and stereotyping against girls often intensify, leading to more serious violations of their rights, including child and forced marriage, early pregnancy, female genital mutilation, gender-based physical, mental and sexual violence, abuse, exploitation and trafficking.[[fn:12]] Cultural norms ascribing lower status to girls can increase the likelihood of confinement to the home, lack of access to secondary and tertiary education, limited opportunities for leisure, sport, recreation and income generation, lack of access to cultural life and the arts, burdensome domestic chores and childcare responsibilities. In many countries, girls report lower levels of health and life satisfaction indicators than boys, a difference that gradually increases with age.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":12,"text":"See A/HRC/26/22, para. 21."}],"section":["V. Adolescents requiring particular attention","Girls"]},{"id":"crc-c-gc-20-0028","docId":"crc-c-gc-20","idx":28,"n":28,"text":"28. States need to invest in proactive measures to promote the empowerment of girls, challenge patriarchal and other harmful gender norms and stereotyping and legal reforms in order to address direct and indirect discrimination against girls, in cooperation with all stakeholders, including civil society, women and men, traditional and religious leaders and adolescents themselves. Explicit measures are needed in all laws, policies and programmes to guarantee the rights of girls on an equal basis with boys.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Girls"]},{"id":"crc-c-gc-20-0029","docId":"crc-c-gc-20","idx":29,"n":29,"text":"29. Traditional concepts of masculinity and gender norms linked to violence and dominance can compromise boys’ rights. These include the imposition of harmful initiation rites, exposure to violence, gangs, coercion into militia, extremist groups and trafficking. The denial of their vulnerability to physical and sexual abuse and exploitation also poses pervasive and significant barriers to boys gaining access to sexual and reproductive health information, goods and services, and a consequent lack of protective services.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Boys"]},{"id":"crc-c-gc-20-0030","docId":"crc-c-gc-20","idx":30,"n":30,"text":"30. The Committee urges States to introduce measures to address such rights violations, and encourages them to challenge negative perceptions of boys, promote positive masculinities, overcome cultural values based on machismo and promote greater recognition of the gender dimension of the abuses they experience. States should also recognize the importance of engaging with boys and men, as well as girls and women, in all measures introduced to achieve gender equality.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Boys"]},{"id":"crc-c-gc-20-0031","docId":"crc-c-gc-20","idx":31,"n":31,"text":"31. The Committee has previously highlighted the widespread prejudice, exclusion, social isolation and discrimination faced by many children with disabilities.[[fn:13]] Adolescents with disabilities are, in many States, commonly excluded from opportunities available to other adolescents. They can be barred from participating in social, cultural and religious rites of passage. Significant numbers are denied access to secondary or tertiary education or vocational training, and consequent acquisition of the social, educational and economic skills necessary for future employment and freedom from poverty. They are widely denied access to sexual and reproductive health information and services and may be subjected to forced sterilization or contraception, which is in direct violation of their rights and can amount to torture or ill-treatment.[[fn:14]] Adolescents with disabilities are disproportionately vulnerable to physical and sexual violence, as well as child or forced marriage, and are routinely denied access to justice or redress.[[fn:15]]","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":13,"text":"See general comment No. 9 (2006) on the rights of children with disabilities, paras. 8-10."},{"n":14,"text":"See A/HRC/22/53."},{"n":15,"text":"See A/66/230, paras. 44-49."}],"section":["V. Adolescents requiring particular attention","Adolescents with disabilities"]},{"id":"crc-c-gc-20-0032","docId":"crc-c-gc-20","idx":32,"n":32,"text":"32. States parties should introduce measures to overcome such barriers, guarantee equal respect for the rights of adolescents with disabilities, promote their full inclusion and facilitate effective transitions from adolescence to adulthood, consistent with article 23 of the Convention and the recommendations in general comment No. 9 (2006) on the rights of children with disabilities. Adolescents with disabilities should, in addition, be provided with opportunities for supported decision-making in order to facilitate their active participation in all matters concerning them.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Adolescents with disabilities"],"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-20-0033","docId":"crc-c-gc-20","idx":33,"n":33,"text":"33. Adolescents who are lesbian, gay, bisexual, transgender and intersex commonly face persecution, including abuse and violence, stigmatization, discrimination, bullying, exclusion from education and training, as well as a lack of family and social support, or access to sexual and reproductive health services and information.[[fn:16]] In extreme cases, they face sexual assault, rape and even death. These experiences have been linked to low self-esteem, higher rates of depression, suicide and homelessness.[[fn:17]]","labels":["LGBTI+"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":16,"text":"See statement dated 13 May 2015 by the Committee of the Rights of the Child and other United Nations and regional human rights mechanisms, available from www.ohchr.org/EN/NewsEvents/ Pages/DisplayNews.aspx?NewsID=15941&LangID=E."},{"n":17,"text":"Ibid."}],"section":["V. Adolescents requiring particular attention","Lesbian, gay, bisexual, transgender and intersex adolescents"]},{"id":"crc-c-gc-20-0034","docId":"crc-c-gc-20","idx":34,"n":34,"text":"34. The Committee emphasizes the rights of all adolescents to freedom of expression and respect for their physical and psychological integrity, gender identity and emerging autonomy. It condemns the imposition of so-called “treatments” to try to change sexual orientation and forced surgeries or treatments on intersex adolescents. It urges States to eliminate such practices, repeal all laws criminalizing or otherwise discriminating against individuals on the basis of their sexual orientation, gender identity or intersex status and adopt laws prohibiting discrimination on those grounds. States should also take effective action to protect all lesbian, gay, bisexual, transgender and intersex adolescents from all forms of violence, discrimination or bullying by raising public awareness and implementing safety and support measures.","labels":["Women/girls","Adolescents","LGBTI+"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Lesbian, gay, bisexual, transgender and intersex adolescents"]},{"id":"crc-c-gc-20-0035","docId":"crc-c-gc-20","idx":35,"n":35,"text":"35. The inadequate attention paid to and the insufficient respect shown for the cultures, values and world vision of adolescents from minority and indigenous groups can lead to discrimination, social exclusion, marginalization and non-inclusion in public spaces. This increases the vulnerability of minority and indigenous adolescents to poverty, social injustice, mental health issues, including disproportionately high suicide rates, poor educational outcomes and high levels of detention within the criminal justice system.","labels":["Indigenous peoples","Adolescents","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Minority and indigenous adolescents"]},{"id":"crc-c-gc-20-0036","docId":"crc-c-gc-20","idx":36,"n":36,"text":"36. The Committee urges States parties to introduce measures to support adolescents from minority and indigenous communities so that they can enjoy their cultural identities and build on the strengths of their cultures to become active contributors to family and community life, paying particular attention to the rights of adolescent girls. In so doing, States should address the comprehensive recommendations contained in the Committee’s general comment No. 11 (2009) on indigenous children and their rights under the Convention.","labels":["Indigenous peoples","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Minority and indigenous adolescents"]},{"id":"crc-c-gc-20-0037","docId":"crc-c-gc-20","idx":37,"n":37,"text":"In accordance with general comments No. 5 (2003) on general measures of implementation of the Convention (arts. 4, 42 and 44, para. 6) and No. 19 (2016) on public budgeting for the realization of children’s rights (art. 4), the Committee draws attention to States parties’ obligations to implement the following measures to establish the framework for the realization of the rights of children during adolescence. The experience and perspectives of adolescents themselves should be fully recognized and taken seriously in the development of all such measures, including: (a) Comprehensive and multisectoral national strategies rooted in the Convention, with a dedicated focus on adolescents, to address the structural social and economic roots underlying the rights violations adolescents face and ensure a coordinated approach across government ministries; (b) Monitoring implementation to ensure that the rights of adolescents are respected in legislation, policy and services; (c) Collecting data disaggregated at a minimum by age, sex, disability, ethnicity and socioeconomic condition, to render the lives of adolescents visible, the Committee recommends that States agree on common indicators against which to monitor progress in the implementation of adolescents’ rights; (d) Transparent budgetary commitments to ensure that adolescents are duly considered when balancing competing spending priorities and complying with the principles of sufficiency, effectiveness, efficiency and equality; (e) Training for all professionals working with and for adolescents on the Convention and its associated obligations, with a focus on the competencies needed to work with adolescents in accordance with their evolving capacities; (f) Dissemination of accessible information about children’s rights and how to exercise them through, inter alia, the school curriculum, the media, including digital media, and public information materials, making particular efforts to reach out to adolescents in marginalized situations.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. General measures of implementation"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-20-0038","docId":"crc-c-gc-20","idx":38,"n":38,"text":"38. The Convention prohibits any gender-based discrimination, and age limits should be equal for girls and boys.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VII. Definition of the child"]},{"id":"crc-c-gc-20-0039","docId":"crc-c-gc-20","idx":39,"n":39,"text":"39. States should review or introduce legislation recognizing the right of adolescents to take increasing responsibility for decisions affecting their lives. The Committee recommends that States introduce minimum legal age limits, consistent with the right to protection, the best interests principle and respect for the evolving capacities of adolescents. For example, age limits should recognize the right to make decisions in respect of health services or treatment, consent to adoption, change of name or applications to family courts. In all cases, the right of any child below that minimum age and able to demonstrate sufficient understanding to be entitled to give or refuse consent should be recognized. The voluntary and informed consent of the adolescent should be obtained whether or not the consent of a parent or guardian is required for any medical treatment or procedure. Consideration should also be given to the introduction of a legal presumption that adolescents are competent to seek and have access to preventive or time-sensitive sexual and reproductive health commodities and services. The Committee emphasizes that all adolescents have the right to have access to confidential medical counselling and advice without the consent of a parent or guardian, irrespective of age, if they so wish. This is distinct from the right to give medical consent and should not be subject to any age limit.[[fn:18]]","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":18,"text":"See general comment No. 12, para. 101."}],"section":["VII. Definition of the child"]},{"id":"crc-c-gc-20-0040","docId":"crc-c-gc-20","idx":40,"n":40,"text":"40. The Committee reminds States parties of the obligation to recognize that persons up to the age of 18 years are entitled to continuing protection from all forms of exploitation and abuse. It reaffirms that the minimum age limit should be 18 years for marriage, recruitment into the armed forces, involvement in hazardous or exploitative work and the purchase and consumption of alcohol and tobacco, in view of the degree of associated risk and harm. States parties should take into account the need to balance protection and evolving capacities, and define an acceptable minimum age when determining the legal age for sexual consent. States should avoid criminalizing adolescents of similar ages for factually consensual and non-exploitative sexual activity.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VII. Definition of the child"]},{"id":"crc-c-gc-20-0041","docId":"crc-c-gc-20","idx":41,"n":41,"text":"41. The lack of birth registration can result in significant additional complications during adolescence, such as the denial of basic services, the inability to prove nationality or receive an identification document, a heightened risk of being exploited or trafficked, a lack of necessary safeguards in the criminal justice and immigration systems and the underage conscription into the armed forces. Adolescents who have not been registered at birth or immediately after should be provided with free late birth certificates and civil registration.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VIII. Civil rights and freedoms","Birth registration"]},{"id":"crc-c-gc-20-0042","docId":"crc-c-gc-20","idx":42,"n":42,"text":"42. Article 13 of the Convention affirms that children have the right to freedom of expression and that the exercise of that right may be subject only to the restrictions set out in article 13 (2). The obligation of parents and caregivers to provide appropriate guidance in accordance with the evolving capacities of adolescents should not interfere with adolescents’ right to freedom of expression. Adolescents have the right to seek, receive and impart information and ideas and use the means of their dissemination, including spoken, written and sign language and such non-verbal expression as images and objects of art. Means of expression include, for example, books, newspapers, pamphlets, posters, banners, digital and audiovisual media, as well as dress and personal style.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VIII. Civil rights and freedoms","Freedom of expression"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"13","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-20-0043","docId":"crc-c-gc-20","idx":43,"n":43,"text":"43. The Committee urges States parties to withdraw any reservations to article 14 of the Convention, which highlights the right of the child to freedom of religion and recognizes the rights and duties of parents and guardians to provide direction to the child in a manner consistent with his or her evolving capacities (see also art. 5). In other words, it is the child who exercises the right to freedom of religion, not the parent, and the parental role necessarily diminishes as the child acquires an increasingly active role in exercising choice throughout adolescence. Freedom of religion should be respected in schools and other institutions, including with regard to choice over attendance in religious instruction classes, and discrimination on the grounds of religious beliefs should be prohibited.[[fn:19]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":19,"text":"See, for example, CRC/C/15/Add.194, paras. 32 and 33, and CRC/C/15/Add.181, paras. 29 and 30."}],"section":["VIII. Civil rights and freedoms","Freedom of religion"],"citedArticles":[{"treaty":"CRC","article":"14","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-20-0044","docId":"crc-c-gc-20","idx":44,"n":44,"text":"44. Adolescents want and need to spend an increasing amount of time with their peers. The associated benefits are not merely social but also contribute towards competencies that are foundational for successful relationships, employment and community participation, building, inter alia, emotional literacy, a sense of belonging, skills such as conflict resolution and strengthened trust and intimacy. Association with peers is a major building block in adolescent development, the value of which should be recognized within the school and learning environment, recreational and cultural activities and opportunities for social, civic, religious and political engagement.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VIII. Civil rights and freedoms","Freedom of association"]},{"id":"crc-c-gc-20-0045","docId":"crc-c-gc-20","idx":45,"n":45,"text":"45. States should guarantee that adolescents’ right to freedom of association and peaceful assembly in all its forms is fully respected, consistent with the restrictions delineated in article 15 (2) of the Convention, including through the provision of safe spaces for both girls and boys. Legal recognition should be afforded to adolescents to establish their own associations, clubs, organizations, parliaments and forums, both in and out of school, form online networks, join political parties and join or form their own trade unions. Measures should also be introduced to protect adolescent human rights defenders, particularly girls, who often face gender-specific threats and violence.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VIII. Civil rights and freedoms","Freedom of association"],"citedArticles":[{"treaty":"CRC","article":"15","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-20-0046","docId":"crc-c-gc-20","idx":46,"n":46,"text":"46. The right to privacy takes on increasing significance during adolescence. The Committee has repeatedly raised concerns about violations of privacy in respect of, for example, confidential medical advice; space for and belongings of adolescents in institutions; correspondence and other communications, either in the family or other forms of care; and exposure of those involved in criminal proceedings.[[fn:20]] The right to privacy also entitles adolescents to have access to their records held by educational, health-care, childcare and protection services and justice systems. Such information should only be accessible in compliance with due process guarantees and to individuals authorized by law to receive and use it.[[fn:21]] States should, through dialogue with adolescents, ascertain where breaches of privacy have taken place, including in relation to personal engagement in the digital environment and the use of data by commercial and other entities. States should also take all appropriate measures to strengthen and ensure respect for the confidentiality of data and the privacy of adolescents, consistent with their evolving capacities.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":20,"text":"See United Nations Children’s Fund (UNICEF), Implementation Handbook on the Convention on the Rights of the Child (2007), pp. 203-211. Available from www.unicef.org/publications/files/ Implementation_Handbook_for_the_Convention_on_the_Rights_of_the_Child_Part_1_of_3.pdf."},{"n":21,"text":"See Human Rights Committee general comment No. 16 (1988) on the right to privacy, paras. 2-4."}],"section":["VIII. Civil rights and freedoms","Privacy and confidentiality"]},{"id":"crc-c-gc-20-0047","docId":"crc-c-gc-20","idx":47,"n":47,"text":"47. Access to information encompasses all forms of media but particular attention needs to be given to the digital environment, as adolescents increasingly use mobile technology and as social and digital media become the primary means through which they communicate and receive, create and disseminate information. Adolescents use the online environment, inter alia, to explore their identity, learn, participate, express opinions, play, socialize, engage politically and discover employment opportunities. In addition, the Internet provides opportunities for gaining access to online health information, protective support and sources of advice and counselling and can be utilized by States as a means of communicating and engaging with adolescents. The ability to access relevant information can have a significant positive impact on equality. The recommendations from the days of general discussion on the media in 1996 and 2014 have particular resonance for adolescents.[[fn:22]] States should adopt measures to ensure that all adolescents have access, without discrimination, to different forms of media and support and promote equal access to digital citizenship, including through the promotion of accessible formats for adolescents with disabilities. Training and support should be provided as part of the basic education curriculum to ensure the development of adolescents’ digital, information and media and social literacy skills.[[fn:23]]","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":22,"text":"For 2014 discussion, see www.ohchr.org/Documents/HRBodies/CRC/Discussions/ 2014/DGD_report.pdf; for 1996 discussion, see www.ohchr.org/Documents/HRBodies/CRC/ Discussions/Recommendations/Recommendations1996.pdf."},{"n":23,"text":"See www.ohchr.org/Documents/HRBodies/CRC/Discussions/2014/DGD_report.pdf, para. 95."}],"section":["VIII. Civil rights and freedoms","Right to information"]},{"id":"crc-c-gc-20-0048","docId":"crc-c-gc-20","idx":48,"n":48,"text":"48. The digital environment can also expose adolescents to risks, such as online fraud, violence and hate speech, sexist speech against girls and lesbian, gay, bisexual, transgender and intersex adolescents, cyberbullying, grooming for sexual exploitation, trafficking and child pornography, over-sexualization and targeting by armed or extremist groups. This should not however restrict adolescents’ access to the digital environment. Instead, their safety should be promoted through holistic strategies, including digital literacy with regard to online risks and strategies for keeping them safe, strengthened legislation and law enforcement mechanisms to tackle abuse online and fight impunity, and training parents and professionals who work with children. States are urged to ensure the active engagement of adolescents in the design and implementation of initiatives aimed at fostering online safety, including through peer mentoring. Investment is needed in the development of technological solutions on prevention and protection and the availability of assistance and support. States are encouraged to require businesses to undertake child-rights due diligence with a view to identifying, preventing and mitigating the impact of risks on children’s rights when using digital media and information and communications technology.","labels":["Women/girls","Children","Adolescents","LGBTI+"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VIII. Civil rights and freedoms","Right to information"]},{"id":"crc-c-gc-20-0049","docId":"crc-c-gc-20","idx":49,"n":49,"text":"49. The Committee refers States parties to the recommendations in general comments No. 13 (2011) on the right of the child to freedom from all forms of violence and No. 18 (2014) on harmful practices for comprehensive legislative, administrative, social and educational measures to bring an end to all forms of violence, including a legal prohibition on corporal punishment in all settings, and to transform and bring an end to all harmful practices. States parties need to create more opportunities for scaling up institutional programmes on prevention and rehabilitation, and the social reintegration of adolescent victims. The Committee highlights the need to involve adolescents in the development of prevention strategies and protective responses to victims of violence.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IX. Violence against children","Protection from all forms of violence"]},{"id":"crc-c-gc-20-0050","docId":"crc-c-gc-20","idx":50,"n":50,"text":"50. The role of parents and caregivers in providing security, emotional stability, encouragement and protection to children remains important throughout adolescence. The Committee emphasizes that States’ obligations to render appropriate assistance to parents and caregivers, as outlined in articles 18 (2) and (3) of the Convention, and to assist parents in providing the support and living conditions necessary for optimum development consistent with article 27 (2), have equal application to parents of adolescents. Such support should respect the rights and evolving capacities of adolescents and the increasing contribution they make to their own lives. States should ensure that they do not, in the name of traditional values, tolerate or condone violence, reinforce unequal power relations within family settings and, therefore, deprive adolescents of the opportunity to exercise their basic rights.[[fn:24]]","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":24,"text":"See A/HRC/32/32."}],"section":["X. Family environment and alternative care","Support for parents and caregivers"],"citedArticles":[{"treaty":"CRC","article":"18","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"27","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-20-0051","docId":"crc-c-gc-20","idx":51,"n":51,"text":"51. The Committee draws States parties’ attention to the significance of a growing divide between the environments in which adolescents live, characterized by the digital era and globalization, and those in which their parents or caregivers grew up. Adolescents are exposed to and inevitably influenced by a global commercial world, unmediated or regulated by parental or community values, that can inhibit intergenerational understanding. This changing context poses challenges to the capacity of parents and caregivers to communicate effectively with adolescents and provide guidance and protection in a manner that takes into account the current realities of their lives. The Committee recommends that States undertake research with adolescents and their parents and caregivers into the nature of guidance, assistance, training and support needed to help address the intergenerational divergence of experience.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["X. Family environment and alternative care","Support for parents and caregivers"]},{"id":"crc-c-gc-20-0052","docId":"crc-c-gc-20","idx":52,"n":52,"text":"52. There is significant evidence of poor outcomes for adolescents in large long-term institutions, as well as in other forms of alternative care, such as fostering and small group care, albeit to a much lesser degree. These adolescents experience lower educational attainment, dependency on social welfare and higher risk of homelessness, imprisonment, unwanted pregnancy, early parenthood, substance misuse, self-harm and suicide. Adolescents in alternative care are commonly required to leave once they reach 16-18 years of age and are particularly vulnerable to sexual abuse and exploitation, trafficking and violence as they lack support systems or protection and have been afforded no opportunities to acquire the skills and capacities to protect themselves. Those with disabilities are often denied opportunities for community living and are transferred to adult institutions, where they are at increased risk of being subjected to continuing violations of their rights.","labels":["Adolescents","Persons with disabilities","Persons living in poverty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["X. Family environment and alternative care","Adolescents in alternative care"]},{"id":"crc-c-gc-20-0053","docId":"crc-c-gc-20","idx":53,"n":53,"text":"53. States should commit strongly to and invest more in supporting adolescents in alternative care. Preference for foster and small homes needs to be complemented with the measures necessary to tackle discrimination, ensure regular reviews of adolescents’ individual situations, support their education, give them a real voice in the processes affecting them and avoid multiple moves. States are urged to ensure that institutionalization is used only as a measure of last resort and to ensure the appropriate protection of all children living in institutions, including through access to confidential complaints mechanisms and justice. States should also adopt measures to support the independence and improve the life chances of adolescents in alternative care and address the particular vulnerabilities and insecurities they face as they become old enough to leave such care.","labels":["Children","Adolescents","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["X. Family environment and alternative care","Adolescents in alternative care"]},{"id":"crc-c-gc-20-0054","docId":"crc-c-gc-20","idx":54,"n":54,"text":"54. Adolescents leaving alternative care require support in preparing for the transition, gaining access to employment, housing and psychological support, participating in rehabilitation with their families where that is in their best interest and gaining access to after-care services consistent with the Guidelines for the Alternative Care of Children.[[fn:25]]","labels":["Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":25,"text":"General Assembly resolution 64/142, annex. See also Committee on the Rights of the Child general comment No. 9."}],"section":["X. Family environment and alternative care","Adolescents in alternative care"]},{"id":"crc-c-gc-20-0055","docId":"crc-c-gc-20","idx":55,"n":55,"text":"55. A significant number of adolescents are the primary caregivers of their families, either because they themselves are parents or because their parents have died or disappeared or are absent. Articles 24 and 27 of the Convention require that adolescent parents and caregivers be provided with basic knowledge of child health, nutrition and breastfeeding, and appropriate support to assist them in fulfilling their responsibilities towards the children they are responsible for and, when needed, material assistance with regard to nutrition, clothing and housing. Adolescent caregivers need extra support in order to enjoy their rights to education, play and participation. In particular, States should introduce social protection interventions at key stages of the life cycle and respond to the specific requirements of adolescent caregivers.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["X. Family environment and alternative care","Adolescent-headed families"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-20-0056","docId":"crc-c-gc-20","idx":56,"n":56,"text":"56. Health services are rarely designed to accommodate the specific health needs of adolescents, a problem that is compounded by the lack of demographic and epidemiological data and statistics disaggregated by age, sex and disability. When adolescents seek help, they often experience legal and financial barriers, discrimination, lack of confidentiality and respect, violence and abuse, stigma and judgmental attitudes from health-care personnel.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0057","docId":"crc-c-gc-20","idx":57,"n":57,"text":"57. Adolescents’ health outcomes are predominantly a consequence of social and economic determinants and structural inequalities, mediated by behaviour and activity, at the individual, peer, family, school, community and societal levels. Accordingly, States parties, in collaboration with adolescents, should undertake comprehensive multi-stakeholder reviews of the nature and extent of adolescent health problems and the barriers they face in gaining access to services, as a basis for future comprehensive health policies, programmes and public health strategies.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0058","docId":"crc-c-gc-20","idx":58,"n":58,"text":"58. Mental health and psychosocial problems, such as suicide, self-harm, eating disorders and depression, are primary causes of ill health, morbidity and mortality among adolescents, particularly among those in vulnerable groups.[[fn:26]] Such problems arise from a complex interplay of genetic, biological, personality and environmental causes and are compounded by, for example, experiences of conflict, displacement, discrimination, bullying and social exclusion, as well as pressures concerning body image and a culture of “perfection”. The factors known to promote resilience and healthy development and to protect against mental ill health include strong relationships with and support from key adults, positive role models, a suitable standard of living, access to quality secondary education, freedom from violence and discrimination, opportunities for influence and decision-making, mental health awareness, problem-solving and coping skills and safe and healthy local environments. The Committee emphasizes that States should adopt an approach based on public health and psychosocial support rather than overmedicalization and institutionalization. A comprehensive multisectoral response is needed, through integrated systems of adolescent mental health care that involve parents, peers, the wider family and schools and the provision of support and assistance through trained staff.[[fn:27]]","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":26,"text":"See general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 38."},{"n":27,"text":"See A/HRC/32/32."}],"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0059","docId":"crc-c-gc-20","idx":59,"n":59,"text":"59. The Committee urges States to adopt comprehensive gender and sexuality-sensitive sexual and reproductive health policies for adolescents, emphasizing that unequal access by adolescents to such information, commodities and services amounts to discrimination.[[fn:28]] Lack of access to such services contributes to adolescent girls being the group most at risk of dying or suffering serious or lifelong injuries in pregnancy and childbirth. All adolescents should have access to free, confidential, adolescent-responsive and non-discriminatory sexual and reproductive health services, information and education, available both online and in person, including on family planning, contraception, including emergency contraception, prevention, care and treatment of sexually transmitted infections, counselling, pre-conception care, maternal health services and menstrual hygiene.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":28,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 29."}],"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0060","docId":"crc-c-gc-20","idx":60,"n":60,"text":"60. There should be no barriers to commodities, information and counselling on sexual and reproductive health and rights, such as requirements for third-party consent or authorization. In addition, particular efforts need to be made to overcome barriers of stigma and fear experienced by, for example, adolescent girls, girls with disabilities and lesbian, gay, bisexual, transgender and intersex adolescents, in gaining access to such services. The Committee urges States to decriminalize abortion to ensure that girls have access to safe abortion and post-abortion services, review legislation with a view to guaranteeing the best interests of pregnant adolescents and ensure that their views are always heard and respected in abortion-related decisions.","labels":["Women/girls","Children","Adolescents","Persons with disabilities","LGBTI+"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0061","docId":"crc-c-gc-20","idx":61,"n":61,"text":"61. Age-appropriate, comprehensive and inclusive sexual and reproductive health education, based on scientific evidence and human rights standards and developed with adolescents, should be part of the mandatory school curriculum and reach out-of-school adolescents. Attention should be given to gender equality, sexual diversity, sexual and reproductive health rights, responsible parenthood and sexual behaviour and violence prevention, as well as to preventing early pregnancy and sexually transmitted infections. Information should be available in alternative formats to ensure accessibility to all adolescents, especially adolescents with disabilities.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0062","docId":"crc-c-gc-20","idx":62,"n":62,"text":"62. Adolescents are the only age group in which death due to AIDS is increasing.[[fn:29]] Adolescents may face challenges in gaining access to antiretroviral treatment and remaining in treatment; the need to gain the consent of guardians in order to access HIV-related services, disclosure and stigma are some barriers. Adolescent girls are disproportionately affected, representing two thirds of new infections. Lesbian, gay, bisexual and transgender adolescents, adolescents who exchange sex for money, goods or favours and adolescents who inject drugs are also at a higher risk of HIV infection.","labels":["Women/girls","Children","Adolescents","LGBTI+","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":29,"text":"See http://apps.who.int/iris/bitstream/10665/112750/1/WHO_FWC_MCA_14.05_eng.pdf?ua=1, p. 3."}],"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0063","docId":"crc-c-gc-20","idx":63,"n":63,"text":"63. The Committee encourages States to recognize adolescents’ diverse realities and ensure that they have access to confidential HIV testing and counselling services and to evidence-based HIV prevention and treatment programmes provided by trained personnel who fully respect the rights of adolescents to privacy and non-discrimination. Health services should include HIV-related information, testing and diagnostics; information on contraception and the use of condoms; care and treatment, including antiretroviral and other medicines and related technologies for the care and treatment of HIV/AIDS; advice on suitable nutrition; spiritual and psychosocial support; and family, community and home-based care. Consideration should be given to reviewing HIV-specific legislation that criminalizes the unintentional transmission of HIV and the non-disclosure of one’s HIV status.","labels":["Adolescents","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0064","docId":"crc-c-gc-20","idx":64,"n":64,"text":"64. Adolescents are more likely to be initiated into drug use and can be at a higher risk of drug-related harm than adults, and drug use initiated in adolescence more often leads to dependence. Those identified at greatest risk of drug-related harm are adolescents in street situations, those excluded from school, those with histories of trauma, family breakdown or abuse, and those living in families coping with drug dependence. States parties have an obligation to protect adolescents from the illicit use of narcotic drugs and psychotropic substances. States parties should ensure adolescents’ right to health in relation to the use of such substances, as well as tobacco, alcohol and solvents, and put in place prevention, harm-reduction and dependence treatment services, without discrimination and with sufficient budgetary allocation. Alternatives to punitive or repressive drug control policies in relation to adolescents are welcome.[[fn:30]] Adolescents should also be provided with accurate and objective information based on scientific evidence aimed at preventing and minimizing harm from substance use.","labels":["Adolescents","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":30,"text":"See A/HRC/32/32."}],"section":["XI. Basic health and welfare","Drug use among adolescents"]},{"id":"crc-c-gc-20-0065","docId":"crc-c-gc-20","idx":65,"n":65,"text":"65. Unintended injuries or injuries due to violence are a leading cause of death and disability among adolescents. Most of the unintentional injuries result from road traffic crashes, drowning, burns, falls and poisoning. To reduce risk, States parties should develop multisectoral strategies that include legislation requiring the use of protective equipment, policies on driving while intoxicated and on licensing, programmes on education, skills development and behaviour change, adaptations to the environment, and the provision of care and rehabilitation services for those who suffer injuries.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Injuries and a safe environment"]},{"id":"crc-c-gc-20-0066","docId":"crc-c-gc-20","idx":66,"n":66,"text":"66. The impact of poverty has profound implications during adolescence, sometimes leading to extreme stress and insecurity and to social and political exclusion. Strategies imposed on or adopted by adolescents to address economic hardship can include dropping out of school, being involved in child or forced marriage, becoming involved in sexual exploitation, trafficking, hazardous or exploitative work or work that interferes with education, becoming members of a gang, being recruited into militias and migrating.","labels":["Children","Adolescents","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Adequate standard of living"]},{"id":"crc-c-gc-20-0067","docId":"crc-c-gc-20","idx":67,"n":67,"text":"67. States are reminded of the right of every child to a suitable standard of living for physical, mental, spiritual, moral and social development, and are urged to introduce social protection floors that provide adolescents and their families with basic income security, protection against economic shocks and prolonged economic crises and access to social services.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Adequate standard of living"]},{"id":"crc-c-gc-20-0068","docId":"crc-c-gc-20","idx":68,"n":68,"text":"68. Guaranteeing the right to universal, quality and inclusive education and training is the single most important policy investment that States can make to ensure the immediate and long-term development of adolescents, and a growing body of evidence testifies to the positive impact of secondary education in particular.[[fn:31]] States are encouraged to introduce widely available secondary education for all as a matter of urgency and to make higher education accessible to all on the basis of capacity by every appropriate means.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":31,"text":"See www.unicef.org/adolescence/files/SOWC_2011_Main_Report_EN_02092011.pdf."}],"section":["XII. Education, leisure and cultural activities","Education"]},{"id":"crc-c-gc-20-0069","docId":"crc-c-gc-20","idx":69,"n":69,"text":"69. The Committee is deeply concerned at the challenges faced by many States to achieve equality in the enrolment of girls and boys and keep girls in school beyond primary education. Investment in girls’ secondary education, a commitment necessary to comply with articles 2, 6 and 28 of the Convention, also serves to protect girls from child and forced marriage, sexual exploitation and early pregnancy, and contributes significantly towards the future economic potential of girls and their children. Investment should also be made in strategies that promote positive gender relations and social norms; address sexual and gender-based violence, including within schools; and promote positive role models, family support and the economic empowerment of women, to overcome the legal, political, cultural, economic and social barriers that represent barriers for girls. Furthermore, States should recognize that a growing number of boys are not enrolling and are not remaining in school, identify the causes and adopt appropriate measures to support boys’ continued participation in education.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XII. Education, leisure and cultural activities","Education"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-20-0070","docId":"crc-c-gc-20","idx":70,"n":70,"text":"70. The Committee notes with concern the numbers of adolescents in marginalized situations who are not given the opportunity to make the transition to secondary education, such as adolescents living in poverty; lesbian, gay, bisexual, transgender and intersex adolescents; adolescents belonging to minorities; adolescents with psychosocial, sensory or physical disabilities; adolescents who are migrating; adolescents in situations of armed conflict or natural disasters; and adolescents in street situations or working. Proactive measures are necessary to end discrimination of marginalized groups in gaining access to education, including by establishing cash transfer programmes, respecting minority and indigenous cultures and children from all religious communities, promoting inclusive education for children with disabilities, combating bullying and discriminatory attitudes within the education system and providing education in refugee camps.","labels":["Refugees & asylum-seekers","Indigenous peoples","Children","Adolescents","Persons in street situations","LGBTI+","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XII. Education, leisure and cultural activities","Education"]},{"id":"crc-c-gc-20-0071","docId":"crc-c-gc-20","idx":71,"n":71,"text":"71. Efforts need to be made to consult adolescents on the barriers impeding their continued participation in school, given the high levels of early school leaving while still illiterate or without obtaining qualifications. The Committee has observed the following contributory factors: fees and associated costs; family poverty and lack of adequate social protection schemes, including adequate health insurance; lack of adequate and safe sanitation facilities for girls; exclusion of pregnant schoolgirls and adolescent mothers; persistent use of cruel, inhuman and degrading punishments; lack of effective measures to eliminate sexual harassment in school; sexual exploitation of girls; environments not conducive to girls’ inclusion and safety; inappropriate teaching pedagogies; irrelevant or outdated curricula; failure to engage students in their own learning; and bullying. In addition, schools often lack the flexibility needed for adolescents to be able to combine work and/or family care responsibilities with their education, without which they may be unable to continue to meet the associated costs of schooling. Consistent with article 28 (1) (e) of the Convention and Sustainable Development Goal 4, States should introduce comprehensive and proactive measures to address all these factors and improve enrolment and attendance, reduce early school leaving and provide opportunities to complete education for those who have left.","labels":["Adolescents","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XII. Education, leisure and cultural activities","Education"],"citedArticles":[{"treaty":"CRC","article":"28","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-20-0072","docId":"crc-c-gc-20","idx":72,"n":72,"text":"72. The Committee draws attention to its general comment No. 1 (2001) on the aims of education, in which it asserts the need for education to be child-centred, child-friendly and empowering and emphasizes the importance of a more collaborative and participatory pedagogy.[[fn:32]] Curricula for secondary education should be designed to equip adolescents for active participation, develop respect for human rights and fundamental freedoms, promote civic engagement and prepare adolescents to lead responsible lives in a free society. To develop adolescents’ fullest potential and keep them in school, consideration should be given to how learning environments are designed, to ensure they capitalize on adolescents’ capacity for learning, motivation to work with peers and empowerment, and focus on experiential learning, exploration and limit testing.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":32,"text":"See Committee on the Rights of the Child general comment No. 1 (2001) on the aims of education, para. 2."}],"section":["XII. Education, leisure and cultural activities","Education"]},{"id":"crc-c-gc-20-0073","docId":"crc-c-gc-20","idx":73,"n":73,"text":"73. Significant numbers of adolescents are not in education, training or employment, leading to disproportionate levels of unemployment, underemployment and exploitation as they move towards adulthood. The Committee urges States to support out-of-school adolescents in a manner appropriate to their age to facilitate the transition to decent work, including by ensuring consistency between education and labour laws, and to adopt policies to promote their future employment.[[fn:33]] In line with article 28 (1) (d), States should make educational and vocational information and guidance available and accessible to adolescents.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":33,"text":"Target 8.6 of the Sustainable Development Goals relates to “youth” (adolescents between 15 and 24 years of age). See General Assembly resolution 70/1."}],"section":["XII. Education, leisure and cultural activities","Transitions from education to training and/or decent work"],"citedArticles":[{"treaty":"CRC","article":"28","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-20-0074","docId":"crc-c-gc-20","idx":74,"n":74,"text":"74. Both formal and informal education and training need to be designed for the twenty-first century skills[[fn:34]] required in the modern labour market, including integrating soft and transferrable skills into the curricula; expanding opportunities for experiential or practical learning; developing vocational training based on labour market demand; establishing public-private sector partnerships for entrepreneurship, internships and apprenticeships; and providing guidance on academic and vocational opportunities. States should also disseminate information on employment rights, including rights in relation to membership in trade unions and professional associations.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":34,"text":"The term “twenty-first century skills” refers to a broad set of knowledge, skills, work habits and character traits that are believed — by educators, school reformers, college professors, employers and others — to be critically important to success in today’s world, particularly in collegiate programmes and contemporary careers and workplaces."}],"section":["XII. Education, leisure and cultural activities","Transitions from education to training and/or decent work"]},{"id":"crc-c-gc-20-0075","docId":"crc-c-gc-20","idx":75,"n":75,"text":"75. Adolescents’ right to rest and leisure and to engage and participate freely in play, recreational and artistic activities, both online and offline, are fundamental to their exploration of identity, enabling adolescents to explore their culture, forge new artistic forms, create relationships and evolve as human beings. Leisure, recreation and the arts give adolescents a sense of uniqueness that is fundamental to the rights to human dignity, optimum development, freedom of expression, participation and privacy. The Committee notes with regret that those rights are widely neglected in adolescence, especially for girls. Fear of and hostility towards adolescents in public spaces, and a lack of adolescent-friendly urban planning, educational and leisure infrastructure, can inhibit the freedom to engage in recreational activity and sports. The Committee draws the attention of States to the rights embodied in article 31 of the Convention and its recommendations in general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XII. Education, leisure and cultural activities","Leisure, recreation and the arts"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-20-0076","docId":"crc-c-gc-20","idx":76,"n":76,"text":"76. Growing numbers of adolescent girls and boys migrate, either within or outside their country of origin, in search of improved standards of living, education or family reunification. For many, migration offers significant social and economic opportunities. However, it also poses risks, including physical harm, psychological trauma, marginalization, discrimination, xenophobia and sexual and economic exploitation and, when crossing borders, immigration raids and detention.[[fn:35]] Many adolescent migrants are denied access to education, housing, health, recreation, participation, protection and social security. Even where rights to services are protected by laws and policies, adolescents may face administrative and other obstacles in gaining access to such services, including: demands for identity documents or social security numbers; harmful and inaccurate age-determination procedures; financial and linguistic barriers; and the risk that gaining access to services will result in detention or deportation.[[fn:36]] The Committee refers States parties to its comprehensive recommendations elaborated in respect of migrant children.[[fn:37]]","labels":["Migrants","Women/girls","Children","Adolescents","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":35,"text":"See www.ohchr.org/Documents/HRBodies/CRC/Discussions/2012/ DGD2012ReportAndRecommendations.pdf."},{"n":36,"text":"See Fundamental Rights Agency, “Apprehension of migrants in an irregular situation – fundamental rights considerations”, 9 October 2012. Available from https://fra.europa.eu/sites/default/files/fra-2013-apprehension-migrants-irregular-situation_en.pdf."},{"n":37,"text":"See footnote 35 above."}],"section":["XIII. Special protection measures","Migration"]},{"id":"crc-c-gc-20-0077","docId":"crc-c-gc-20","idx":77,"n":77,"text":"77. The Committee stresses that article 22 of the Convention recognizes that refugee and asylum-seeking children require special measures if they are to enjoy their rights and benefit from the additional safeguards given to them through the international refugee protection regime. Those adolescents should not be subjected to expedited removal procedures but rather be considered for entry into the territory and should not be returned or refused entry before a determination of their best interests has been made and a need for international protection has been established. In line with the obligation under article 2 to respect and ensure the rights of every child within their jurisdiction, irrespective of status, States should introduce age- and gender-sensitive legislation governing both unaccompanied and separated refugee and asylum-seeking adolescents, as well as migrants, underpinned by the best interests principle, prioritizing the assessment of protection needs over the determination of immigration status, prohibiting immigration-related detention and referring to the recommendations in general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, addressing the particular vulnerability of those adolescents.[[fn:38]] States should also introduce measures to address the factors driving adolescents to migrate and the vulnerabilities and rights violations faced by adolescents left behind when parents migrate, including dropping out of school, child labour, vulnerability to violence and criminal activities and burdensome domestic responsibilities.","labels":["Refugees & asylum-seekers","Children","Adolescents","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":38,"text":"See general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin."}],"section":["XIII. Special protection measures","Migration"],"citedArticles":[{"treaty":"CRC","article":"22","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-20-0078","docId":"crc-c-gc-20","idx":78,"n":78,"text":"78. Many adolescents are at risk of being trafficked for economic reasons or for sexual exploitation. States are urged to establish a comprehensive and systematic mechanism for collecting data on the sale of, trafficking in and abduction of children, ensuring that the data is disaggregated and paying particular attention to children living in the most vulnerable situations. States should also invest in rehabilitation and reintegration services and psychosocial support for child victims. Attention should be paid to the gender-based dimensions of vulnerability and exploitation. Awareness-raising activities, including through social media, need to be conducted in order to make parents and children aware of the dangers of both domestic and international trafficking. States are urged to ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and to harmonize legislation accordingly.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Trafficking"]},{"id":"crc-c-gc-20-0079","docId":"crc-c-gc-20","idx":79,"n":79,"text":"79. Situations of armed conflict and humanitarian disasters result in the breakdown of social norms and family and community support structures. They force many displaced and crisis-affected adolescents to assume adult responsibilities and expose them to risks of sexual and gender-based violence, child and forced marriage and trafficking. Furthermore, adolescents in such situations are likely to be denied education, skills training, safe employment opportunities and access to appropriate sexual and reproductive health services and information, and to face isolation, discrimination and stigma, mental health and risk-taking behaviour.","labels":["Children","Adolescents","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Conflict and crisis"]},{"id":"crc-c-gc-20-0080","docId":"crc-c-gc-20","idx":80,"n":80,"text":"80. The Committee is concerned about the failure of humanitarian programmes to address the specific needs and rights of adolescents. It urges States parties to ensure that adolescents are provided with systematic opportunities to play an active role in the development and design of protection systems and reconciliation and peacebuilding processes. Explicit investment in post-conflict and transition reconstruction should be seen as an opportunity for adolescents to contribute to the economic and social development, resilience-building and peaceful transition of the country. In addition, emergency preparedness programmes should address adolescents, recognizing both their vulnerability and right to protection, and their potential role in supporting communities and helping to mitigate risk.","labels":["Adolescents","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Conflict and crisis"]},{"id":"crc-c-gc-20-0081","docId":"crc-c-gc-20","idx":81,"n":81,"text":"81. The Committee expresses deep concern about the fact that adolescent boys and girls are being recruited, including through the use of social media, by States’ armed forces, armed groups and militias, and urges all States parties to ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. It is also concerned about adolescents’ vulnerability to being enticed by terrorist propaganda, extremist views and involvement in terrorist activities. Research with adolescents should be undertaken to explore the factors driving their engagement in such activities and States should take appropriate action in response to the findings, paying particular attention to measures promoting social integration.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Recruitment into armed forces and groups"]},{"id":"crc-c-gc-20-0082","docId":"crc-c-gc-20","idx":82,"n":82,"text":"82. States should ensure the recovery and gender-sensitive reintegration of adolescents who are recruited into armed forces and groups, including those in migration situations, and prohibit the recruitment or use of adolescents in all hostilities as well as peace or ceasefire negotiations and agreements with armed groups.[[fn:39]] States should support opportunities for adolescent participation in peace movements and peer-to-peer approaches to non-violent conflict resolution rooted in local communities, to ensure the sustainability and cultural appropriateness of interventions. The Committee urges States parties to take firm measures to ensure that cases of conflict-related sexual violence, sexual exploitation and abuse and other human rights abuses against adolescents are promptly and duly addressed.","labels":["Migrants","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":39,"text":"See A/68/267, paras. 81-87."}],"section":["XIII. Special protection measures","Recruitment into armed forces and groups"]},{"id":"crc-c-gc-20-0083","docId":"crc-c-gc-20","idx":83,"n":83,"text":"83. The Committee recognizes that, in many parts of the world, adolescents are recruited into gangs and pandillas, which often provide social support, a source of livelihood, protection and a sense of identity in the absence of opportunities to achieve such goals through legitimate activities. However, the climate of fear, insecurity, threat and violence posed by gang membership threatens the realization of the rights of adolescents and is a major factor contributing to adolescent migration. The Committee recommends that more emphasis be placed on the development of comprehensive public policies that address the root causes of juvenile violence and gangs, instead of aggressive law enforcement approaches. Investment is needed in prevention activities for at-risk adolescents, interventions to encourage adolescents to leave gangs, rehabilitation and reintegration of gang members, restorative justice and the creation of municipal alliances against crime and violence, with an emphasis on the school, the family and social inclusion measures. The Committee urges States to give due consideration to adolescents forced to leave their country for reasons related to gang violence and to afford them refugee status.","labels":["Refugees & asylum-seekers","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Recruitment into armed forces and groups"]},{"id":"crc-c-gc-20-0084","docId":"crc-c-gc-20","idx":84,"n":84,"text":"84. The Committee emphasizes that all adolescents have the right to be protected from economic exploitation and the worst forms of child labour, and urges States to implement the provisions of article 32 (2) of the Convention, as well as the International Labour Organization Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182).","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Child labour"],"citedArticles":[{"treaty":"CRC","article":"32","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-20-0085","docId":"crc-c-gc-20","idx":85,"n":85,"text":"85. The introduction to age-appropriate forms of work plays an important developmental role in the lives of adolescents, equipping them with skills and enabling them to learn responsibilities and, where necessary, to contribute to their families’ economic well-being and support their access to education. Action against child labour should comprise comprehensive measures, including school-to-work transitions, social and economic development, poverty eradication programmes and universal and free access to quality, inclusive primary and secondary education. It should be underlined that adolescents, once they reach the national legal minimum working age, which should be aligned with international standards and with compulsory education, have the right to perform light work under appropriate conditions, with due respect accorded to their rights to education and to rest, leisure, play, recreational activities, cultural life and the arts.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Child labour"]},{"id":"crc-c-gc-20-0086","docId":"crc-c-gc-20","idx":86,"n":86,"text":"86. The Committee recommends that States adopt a transitional approach towards achieving a balance between the positive role of work in adolescents’ lives while ensuring their right to compulsory education, without discrimination. Schooling and the introduction to decent work should be coordinated to facilitate both in the lives of adolescents, according to their age and the effective mechanisms introduced to regulate such work, and give redress when adolescents are the victims of exploitation. The protection from hazardous work of all children under 18 years of age should be stipulated, with a clear list of specific harmful work. Efforts directed at preventing harmful work and working conditions should be made as a matter of priority, paying special attention to girls involved in domestic labour and other often “invisible” workers.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Child labour"]},{"id":"crc-c-gc-20-0087","docId":"crc-c-gc-20","idx":87,"n":87,"text":"87. Adolescents may come into contact with justice systems through conflict with the law, as victims or witnesses of crime or for other reasons, such as care, custody or protection. Measures are needed to reduce adolescents’ vulnerability both as victims and perpetrators of crimes.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Justice for adolescents"]},{"id":"crc-c-gc-20-0088","docId":"crc-c-gc-20","idx":88,"n":88,"text":"88. States parties are urged to introduce comprehensive juvenile justice policies that emphasize restorative justice, diversion from judicial proceedings, alternative measures to detention and preventive interventions, to tackle social factors and root causes, consistent with articles 37 and 40 of the Convention, and the United Nations Guidelines for the Prevention of Juvenile Delinquency. The focus should be on rehabilitation and reintegration, including for those adolescents involved in activities categorized as terrorism, in line with the recommendations in general comment No. 10 (2007) on children’s rights in juvenile justice. Detention should be used only as a measure of last resort and for the shortest appropriate period of time, and adolescents should be detained separately from adults. The Committee emphasizes the imperative to ban the death penalty and prohibit life imprisonment for anyone convicted of a crime committed when under the age of 18 years. The Committee is seriously concerned at the number of States seeking to lower the age of criminal responsibility. It calls on States to maintain the age of criminal majority at 18 years.","labels":["Children","Adolescents","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Justice for adolescents"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-20-0089","docId":"crc-c-gc-20","idx":89,"n":89,"text":"89. The Committee stresses that implementation of the Convention is a cooperative exercise for the States parties, and highlights the need for international cooperation. The Committee encourages States parties to contribute and use, as appropriate, technical assistance from the United Nations and regional organizations in implementing the rights of adolescents.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIV. International cooperation"]},{"id":"crc-c-gc-20-0090","docId":"crc-c-gc-20","idx":90,"n":90,"text":"90. The Committee recommends that States disseminate widely the present general comment to all stakeholders, in particular parliament and all levels of government, including within ministries, departments and municipal/local authorities, and to all adolescents. The Committee also recommends that the present general comment be translated into all relevant languages, in adolescent-friendly versions and in formats accessible to adolescents with disabilities.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XV. Dissemination"]},{"id":"crc-c-gc-21-0001","docId":"crc-c-gc-21","idx":1,"n":1,"text":"1. Children in street situations consulted for the present general comment spoke strongly about the need for respect, dignity and rights. In expressing their feelings, they said, inter alia: “Respect us as human beings”; “I would like for people who have never lived on the streets to see us as persons with pride, like normal people”; “It’s not about getting us off the streets and into shelters. It’s about giving us a status”; “Governments should not say we should not be on the streets. They should not harass us if on the streets. We should be accepted”; “Living on the street does not mean that we cannot have rights”; “The street leaves its mark: either you get out or you don’t”; “We don’t want help, charity, pity. Governments should work with the community to give us rights. We’re not asking for charity. I want to become someone to fend for myself”; “[People] should give us a chance to use our gifts and talents to achieve our dreams”; “Give us the opportunity to change our story”.[[fn:1]]","labels":["Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":1,"text":"All quotations are from consultations or written submissions for the present general comment. Respectively, they are from: children in Bangladesh (written submission from Dhaka); children in Latin America (consultation in Mexico); a 15-year-old boy from Brazil; an 18-year-old boy and girl from India; children and young people from the Democratic Republic of the Congo; children and young people in Europe (consultation in Brussels); a 16-year-old boy from Pakistan; a boy from Burundi; and an 18-year-old boy from Brazil."}],"section":["I. Introduction: “change our story”"]},{"id":"crc-c-gc-21-0002","docId":"crc-c-gc-21","idx":2,"n":2,"text":"2. In the present general comment, the Committee on the Rights of the Child provides authoritative guidance to States on developing comprehensive, long-term national strategies on children in street situations using a holistic, child rights approach and addressing both prevention and response in line with the Convention on the Rights of the Child. While the Convention makes no explicit reference to them, all of its provisions are applicable to children in street situations, who experience violations of a large majority of the Convention’s articles.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["II. Overall context","Purpose"]},{"id":"crc-c-gc-21-0003","docId":"crc-c-gc-21","idx":3,"n":3,"text":"3. In total, 327 children and young people from 32 countries were consulted in seven regional consultations. Civil society representatives responded to a general call for submissions, and an advanced draft was shared with all States parties.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["II. Overall context","Consultations"]},{"id":"crc-c-gc-21-0004","docId":"crc-c-gc-21","idx":4,"n":4,"text":"4. In the past, the terms used to describe children in street situations have included “street children”, “children on the street”, “children of the street”, “runaway children”, “throwaway children”, “children living and/or working on the street”, “homeless children” and “street-connected children”. In the present general comment, the term “children in street situations” is used to comprise: (a) children who depend on the streets to live and/or work, whether alone, with peers or with family; and (b) a wider population of children who have formed strong connections with public spaces and for whom the street plays a vital role in their everyday lives and identities. This wider population includes children who periodically, but not always, live and/or work on the streets and children who do not live or work on the streets but who regularly accompany their peers, siblings or family in the streets. Concerning children in street situations, “being in public spaces” is understood to include spending a significant amount of time on streets or in street markets, public parks, public community spaces, squares and bus and train stations. It does not include public buildings such as schools, hospitals or other comparable institutions.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["II. Overall context","Terminology"]},{"id":"crc-c-gc-21-0005","docId":"crc-c-gc-21","idx":5,"n":5,"text":"5. There are different approaches used with respect to children in street situations, sometimes in combination. They include a child rights approach, whereby the child is respected as a rights holder and decisions are often made with the child; a welfare approach, involving the “rescue” of children perceived to be an object or victim from the street and whereby decisions are made for the child without serious consideration for her or his views; and a repressive approach, whereby the child is perceived to be a delinquent. The welfare and repressive approaches fail to take into account the child as a rights holder and result in the forcible removal of children from the streets, which further violates their rights. Indeed, claiming that welfare and repressive approaches are in the best interests of the child does not make them rights based.[[fn:2]] To apply the Convention, it is essential to use a child rights approach.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":2,"text":"See general comments No. 13 (2011) on the right of the child to freedom from all forms of violence, para. 59, and No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration."}],"section":["II. Overall context","Key observations"]},{"id":"crc-c-gc-21-0006","docId":"crc-c-gc-21","idx":6,"n":6,"text":"6. Children in street situations are not a homogenous group. Characteristics are diverse in terms of age, sex, ethnicity, indigenous identity, nationality, disability, sexual orientation and gender identity/expression, among others. This diversity implies different experiences, risks and needs. The nature and time spent physically on the street varies significantly from child to child, as does the nature and extent of relationships with peers, family members, community members, civil society actors and public authorities. Children’s relationships can help them survive on the streets and/or perpetuate conditions of violent abuse of their rights. Children engage in a range of activities in public spaces, including work, socialization, recreation/leisure, shelter, sleeping, cooking, washing and engaging in substance abuse or sexual activity. Children may engage in such activities voluntarily, through lack of viable choices or through coercion or force by other children or adults. Children may conduct these activities alone or in the company of family members,[[fn:3]] friends, acquaintances, gang members, or exploitative peers, older children and/or adults.","labels":["Indigenous peoples","Women/girls","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":3,"text":"For children in street situations with their families, this general comment focuses on the children as the main rights-holders. Where children in street situations have children of their own, the best interests of each generation of children must be a primary consideration."}],"section":["II. Overall context","Key observations"]},{"id":"crc-c-gc-21-0007","docId":"crc-c-gc-21","idx":7,"n":7,"text":"7. Often, data are not systematically collected or disaggregated, so it is not known how many children are in street situations. Estimates fluctuate according to definitions used that reflect socioeconomic, political, cultural and other conditions. The absence of data makes these children invisible, which leads to policies not being developed or measures that are ad hoc, temporary or short-term. This results in the persistence of multiple rights violations that force children onto the streets and that continue when children are on the streets. This issue concerns every State.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["II. Overall context","Key observations"]},{"id":"crc-c-gc-21-0008","docId":"crc-c-gc-21","idx":8,"n":8,"text":"8. Causes, prevalence and experiences of children in street situations differ within and between States. Inequalities based on economic status, race and gender are among the structural causes of the emergence and exclusion of children in street situations. These are exacerbated by material poverty, inadequate social protection, poorly targeted investment, corruption and fiscal (tax and expenditure) policies that reduce or eliminate the ability of poorer people to move out of poverty. Abrupt destabilization, caused by conflict, famine, epidemic, natural disaster or forced eviction, or events leading to displacement or forced migration, further compound the effects of structural causes. Other causes include: violence, abuse, exploitation and neglect at home or in care or educational (including religious) institutions; the death of caregivers; child relinquishment (including through HIV/AIDS);[[fn:4]] unemployment of caregivers; precarious families; family breakdown; polygamy;[[fn:5]] exclusion from education; substance abuse and mental ill-health (of children or families); intolerance and discrimination, including against children with disabilities, children accused of witchcraft, former child soldiers rejected by families and children cast out from families as a result of questioning their sexuality or identifying as lesbian, gay, bisexual, transgender, intersex or asexual; and families’ inability to accept children’s resistance to harmful practices, such as child marriage and female genital mutilation.[[fn:6]]","labels":["Women/girls","Children","Persons in street situations","LGBTI+","Persons affected by natural disasters","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":4,"text":"See general comment No. 3 (2003) on HIV/AIDS and the rights of the child, para. 7."},{"n":5,"text":"See joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices, paras. 25-28."},{"n":6,"text":"Ibid., paras. 19-24."}],"section":["II. Overall context","Key observations"]},{"id":"crc-c-gc-21-0009","docId":"crc-c-gc-21","idx":9,"n":9,"text":"The objectives of the general comment are: (a) To clarify the obligations of States in applying a child rights approach to strategies and initiatives for children in street situations; (b) To provide comprehensive and authoritative guidance to States on using a holistic, child rights approach to: prevent children experiencing rights violations and the lack of choices that results in them having to depend on the streets for their survival and development; and to promote and protect the rights of children already in street situations, ensuring a continuum of care and helping them to develop to their fullest potential; (c) To identify the implications of particular articles of the Convention for children in street situations to enhance respect for them as rights holders and full citizens, and to enhance understanding of children’s connections to the street.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["III. Objectives"]},{"id":"crc-c-gc-21-0010","docId":"crc-c-gc-21","idx":10,"n":10,"text":"10. In a child rights approach, the process of realizing children’s rights is as important as the end result. A child rights approach ensures respect for the dignity, life, survival, well-being, health, development, participation and non-discrimination of the child as a rights holder.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","A. Child rights approach","Description"]},{"id":"crc-c-gc-21-0011","docId":"crc-c-gc-21","idx":11,"n":11,"text":"According to the United Nations Children’s Fund (UNICEF),[[fn:7]] a child rights approach is one that: (a) Furthers the realization of child rights as established in the Convention and other international human rights instruments; (b) Uses child rights standards and principles from the Convention and other international human rights instruments to guide behaviour, actions, policies and programmes, particularly: non-discrimination; the best interests of the child; the right to life, survival and development; the right to be heard and taken seriously; and the child’s right to be guided in the exercise of his or her rights by caregivers, parents and community members, in line with the child’s evolving capacities; (c) Builds the capacity of children as rights holders to claim their rights and the capacity of duty bearers to fulfil their obligations to children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":7,"text":"See UNICEF, Child Rights Education Toolkit: Rooting Child Rights in Early Childhood Education, Primary and Secondary Schools (Geneva, 2014), p. 21. Available from https://www.unicef.org/crc/files/UNICEF_CRE_Toolkit_FINAL_web_version170414.pdf. See also general comment No. 13, para. 59. See also “Human Rights Based Approach to Development Cooperation”, available from http://hrbaportal.org/the-human-rights-based-approach-to-development-cooperation-towards-a-common-understanding-among-un-agencies."}],"section":["IV. Holistic long-term strategies based on a child rights approach","A. Child rights approach","Description"]},{"id":"crc-c-gc-21-0012","docId":"crc-c-gc-21","idx":12,"n":12,"text":"12. The Committee considers that strategies and initiatives that adopt a child rights approach fulfil the main criteria for good practice, regardless of level or context. Children in street situations are often distrustful of adult intervention in their lives. Their abusive treatment by adults in society has led them to be unwilling to relinquish their hard-won, albeit limited, autonomy. This approach emphasizes full respect for their autonomy, including supporting them to find alternatives to depending on the streets. It promotes their resilience and capabilities, increasing their agency in decision-making and empowering them as socioeconomic, political and cultural actors. It builds on their existing strengths and the positive contributions they make to their own survival and development and that of their peers, families and communities. Applying this approach is not only a moral and legal imperative but also the most sustainable approach for identifying and implementing long-term solutions with children in street situations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","A. Child rights approach","Significance for children in street situations"]},{"id":"crc-c-gc-21-0013","docId":"crc-c-gc-21","idx":13,"n":13,"text":"13. To comply with obligations under the Convention, States are urged to adopt holistic and long-term strategies and make the necessary budget allocations for children in street situations. The cross-cutting issues and processes are shown below, followed by the thematic content to be addressed in such strategies. As experts on their own lives, children in street situations should participate in developing and implementing strategies. A first step is for States to collect information about such children in their country to decide how best to uphold their rights. States should take a cross-sectoral approach to understand how policy in one area, for example, finance, affects policy in another, for example, education, which in turn affects children in street situations. States should encourage cross-sectoral and inter-State cooperation.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Overview"]},{"id":"crc-c-gc-21-0014","docId":"crc-c-gc-21","idx":14,"n":14,"text":"14. States should assess how laws and policies can be improved to reflect the recommendations of the present general comment. States should, with immediate effect: remove provisions that directly or indirectly discriminate on the grounds of the street situation of children or their parents or family; abolish any provisions allowing or supporting the round-up or arbitrary removal of children and their families from the streets or public spaces; abolish where appropriate offences that criminalize and disproportionately affect children in street situations, such as begging, breach of curfews, loitering, vagrancy and running away from home; and abolish offences that criminalize children for being a victim of commercial sexual exploitation, and so-called moral offences, such as sex outside of marriage. States should introduce or review an act on child protection or children based on a child rights approach and that specifically addresses children in street situations. The act should be implemented by enabling policies, mandates, operating procedures, guidelines, service delivery, oversight and enforcement mechanisms, and developed in collaboration with key stakeholders, including children in street situations. States may need to develop nationally relevant policy and legal definitions of such children on the basis of participatory research, in contexts where this is necessary to facilitate interventions by legally mandated professionals and services. However, the process of developing legal definitions should not delay taking action to address rights violations.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Legislative and policy review"]},{"id":"crc-c-gc-21-0015","docId":"crc-c-gc-21","idx":15,"n":15,"text":"15. Strategies for children in street situations should acknowledge State and non-State actors. The role of the State, as primary duty bearer, is outlined in section V below. States have an obligation to help parents or caregivers to secure, within their abilities and financial capacities and with respect for the evolving capacities of the child, the living conditions necessary for the child’s optimal development (arts. 5, 18 and 27). States should also support civil society, as complementary actors, in providing personalized, specialist services for children in street situations the basis of a child rights approach, through funding, accreditation and regulation. The business sector must meet its responsibilities regarding children’s rights, and States should ensure it does so.[[fn:8]] Coordination is needed between State and non-State actors. States are legally obliged to ensure that non-State service providers operate in accordance with the provisions of the Convention.[[fn:9]]","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":8,"text":"See general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, para. 8."},{"n":9,"text":"See general comments No. 5 (2003) on general measures of implementation of the Convention, paras. 42-44; No. 7 (2005) on implementing child rights in early childhood, para. 32; No. 9 (2006) on the rights of children with disabilities, para. 25; and No. 16, para. 25."}],"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Role of the State and responsibilities, regulation and coordination of non-State actors"]},{"id":"crc-c-gc-21-0016","docId":"crc-c-gc-21","idx":16,"n":16,"text":"16. Strategies need to address multiple causes, ranging from structural inequalities to family violence. They also need to take into account measures for immediate implementation, such as stopping round-ups or the arbitrary removal of children from public spaces, and measures to be implemented progressively, such as comprehensive social protection. A combination of legal, policy and service provision changes is likely to be needed. States should commit to fulfilling human rights beyond childhood. Particularly, States should ensure follow-up mechanisms for children in alternative care settings and in street situations as they transition into adulthood at the age of 18, to avoid an abrupt termination of support and services.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Addressing complexity"]},{"id":"crc-c-gc-21-0017","docId":"crc-c-gc-21","idx":17,"n":17,"text":"17. Within a legislative and policy framework, budgeting for, developing and strengthening holistic child protection systems, on the basis of a child rights approach, forms the basis of the practical measures required for prevention and response strategies. Such national child protection systems need to reach children in street situations and should incorporate fully the specific services they need. The systems need to provide a continuum of care across all relevant contexts, including prevention, early intervention, street outreach, helplines, drop-in centres, day-care centres, temporary residential care, family reunification, foster care, independent living or other short- or long-term care options. However, not all of these contexts are relevant for all children in street situations. For example, prevention and early intervention are priorities for children at the early stages of developing strong and harmful street connections, but are not relevant for children born in street situations. Some children may not experience residential placements while, for others, family reunification is not relevant or appropriate. Strategies should make it clear that a child rights approach needs to apply to each and every context. Administrative burdens and delays in gaining access to child protection systems should be reduced. Information should be made available in child-friendly and accessible formats and children in street situations should be supported to understand and navigate child protection systems.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Comprehensive child protection systems"]},{"id":"crc-c-gc-21-0018","docId":"crc-c-gc-21","idx":18,"n":18,"text":"18. States should invest in good quality initial and in-service basic training on child rights, child protection and the local context of children in street situations for all professionals who may come into direct or indirect contact with children in street situations, in such areas as policymaking, law enforcement, justice, education, health, social work and psychology. This training may draw on the expertise of non-State actors and should be integrated into the curricula of relevant training institutions. Additional in-depth training on a child rights approach, psychosocial support and child empowerment is required for professionals working with children in street situations as a dedicated part of their mandate, for example, street-based social workers and specialized child protection units of the police service. “Outreach walks” and “street walks” are an important on-the-ground training method. Basic and specialized training should include attitudinal and behavioural change, as well as knowledge transfer and skills development, and should encourage intersectoral cooperation and collaboration. National and local governments should understand and support the critical role of social workers, including street-based workers, in early detection, providing support to families with children at risk and to children in street situations. Professionals should be involved in participatory development of operating procedures, good practice guidelines, strategic directives, plans, performance standards and disciplinary codes, and should receive support to implement these in practice. States should facilitate sensitization and training for other stakeholders who come into direct or indirect contact with children in street situations, such as transport workers, media representatives, community and spiritual/religious leaders and private sector actors, who should be encouraged to adopt the Children’s Rights and Business Principles.[[fn:10]]","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":10,"text":"See http://childrenandbusiness.org. See also general comment No. 16."}],"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Capacity-building of those in contact with the child"]},{"id":"crc-c-gc-21-0019","docId":"crc-c-gc-21","idx":19,"n":19,"text":"19. States should take action to secure the ability of children in street situations to gain access to basic services such as health and education, and to justice, culture, sport and information. States should ensure their child protection systems provide for specialized services on the street, involving trained social workers with good knowledge of local street connections and who can help children reconnect with family, local community services and wider society. This does not necessarily imply that children should renounce their street connections, but rather, the intervention should secure their rights. Prevention, early intervention and street-based support services are mutually reinforcing elements and provide a continuum of care within an effective long-term and holistic strategy. While States are the primary duty bearers, civil society activities may complement States’ efforts in developing and delivering innovative and personalized service provision.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Service provision"]},{"id":"crc-c-gc-21-0020","docId":"crc-c-gc-21","idx":20,"n":20,"text":"20. Successful initiatives rely on a detailed understanding of local contexts and individualized support to children. Care must be taken when scaling up initiatives not to lose children in the process. States should encourage and support local-level, partnership-based, specialized interventions on the basis of a child rights approach, small and flexible, with adequate budgets, often led by civil society organizations with local expertise. These interventions should be coordinated by local governments and supported by the State, through the national child protection system. They could benefit from support from the private sector, for capacity-building resources and organizational skills, and academia, for research capacity to enable evidence-based decision-making. Child-friendly cities and communities contribute to an atmosphere of acceptance and provide the basis for social networks and community-based protection systems for children in street situations. Children in street situations should be supported to participate in local, decentralized bottom-up planning processes.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Implementation at the local government level"]},{"id":"crc-c-gc-21-0021","docId":"crc-c-gc-21","idx":21,"n":21,"text":"21. The effective implementation of legislation, policies and services relies on clear monitoring and accountability mechanisms that are transparent and robustly enforced. States should support the involvement of children in street situations, including in social accountability mechanisms, such as coalitions of State and non-State actors, committees or working groups that monitor public policy, focusing on children in street situations. Independent national human rights institutions for promoting and monitoring implementation of the Convention,[[fn:11]] such as children’s rights ombudspersons, must be easily accessible to children in street situations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":11,"text":"See general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child, paras. 2 and 15."}],"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Monitoring and accountability"]},{"id":"crc-c-gc-21-0022","docId":"crc-c-gc-21","idx":22,"n":22,"text":"22. Children in street situations who have been victims or are survivors of human rights violations have the right to effective legal and other remedies, including legal representation. This includes access to individual complaints mechanisms, by children themselves and/or represented by adults, and to judicial and non-judicial redress mechanisms at the local and national levels, including independent human rights institutions. When domestic remedies are exhausted, access to applicable international human rights mechanisms should be available, including the procedure set up by the Optional Protocol to the Convention on a communications procedure. Reparation measures can include restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition of rights violations.[[fn:12]]","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":12,"text":"See www.ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparation.aspx."}],"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Access to justice and remedies"]},{"id":"crc-c-gc-21-0023","docId":"crc-c-gc-21","idx":23,"n":23,"text":"23. In partnership with academia, civil society and the private sector, States should develop systematic, rights-respecting, participatory mechanisms to collect data and share disaggregated information about children in street situations. States must ensure that the collection and use of such information does not stigmatize or harm these children. Collecting data on children in street situations should be integrated into national data collection on children, ensuring that national data do not rely solely on household surveys, but also cover children living outside household settings. Children in street situations should participate in setting the aims and agendas of research and in gathering information, analysing and disseminating research to inform policymaking, and designing specialized interventions.[[fn:13]] Street situations change rapidly, and research needs to be carried out periodically to ensure policy and programmes are up to date.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":13,"text":"See Office of the United Nations High Commissioner for Human Rights (OHCHR), “A Human Rights-Based Approach To Data”, available from www.ohchr.org/Documents/Issues/HRIndicators/GuidanceNoteonApproachtoData.pdf."}],"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Data collection and research"]},{"id":"crc-c-gc-21-0024","docId":"crc-c-gc-21","idx":24,"n":24,"text":"24. All the rights contained in the Convention and its Optional Protocols are interrelated and indivisible, for children in street situations as for all children. The present general comment should be read in conjunction with all other general comments of the Committee. The present general comment focuses on articles that have particular significance for children in street situations and that have not previously been the focus of general comments by the Committee. For example, although provisions relating to violence, education, juvenile justice and health are clearly important, they feature here as relatively brief references to existing general comments. Some other articles, on the other hand, receive greater scrutiny given their implications for children in street situations and the fact that they have not previously been explored in detail by the Committee. The articles selected below do not imply a predominance of civil and political rights over social, economic and cultural rights for children in street situations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","Overview"]},{"id":"crc-c-gc-21-0025","docId":"crc-c-gc-21","idx":25,"n":25,"text":"25. States must respect and ensure the rights set forth in the Convention for each child within their jurisdiction without discrimination of any kind. However, discrimination is one of the prime causes of children ending up in street situations. Children are then discriminated against on the basis of their connections with the street, that is, on the grounds of their social origin, property, birth or other status, resulting in lifelong negative consequences. The Committee interprets “other status” under article 2 of the Convention to include the street situation of a child or his or her parents and other family members.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 2 on non-discrimination"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-21-0026","docId":"crc-c-gc-21","idx":26,"n":26,"text":"26. Discrimination may be direct or indirect.[[fn:15]] Direct discrimination includes disproportionate policy approaches to “tackle homelessness” that apply repressive efforts to prevent begging, loitering, vagrancy, running away or survival behaviours, for example, the criminalization of status offences,[[fn:16]] street sweeps or “round-ups”, and targeted violence, harassment and extortion by police. Direct discrimination can include: the refusal by police to take seriously reports by children in street situations of theft or violence; discriminatory treatment within juvenile justice systems; the refusal of social workers, teachers or health care professionals to work with children in street situations; and harassment, humiliation and bullying by peers and teachers in schools. Indirect discrimination includes policies that result in exclusion from basic services, such as health and education, for example by requiring payment or the provision of identity documents. Even if children in street situations are not isolated from basic services, they might be isolated within such systems. Children can face multiple and intersecting forms of discrimination, for example, on the basis of gender, sexual orientation and gender identity/expression, disability, race, ethnicity, indigenous status,[[fn:17]] immigration status and other minority status, particularly as minority groups are often overrepresented among children in street situations. Children subject to discrimination are more vulnerable to violence, abuse, exploitation, sexually transmitted infections, including HIV, and their health and development are put at greater risk.[[fn:18]] States are reminded that guaranteeing the right to non-discrimination is not only a passive obligation to prohibit all forms of discrimination, but also requires appropriate proactive measures to ensure effective equal opportunities for all children to enjoy the rights under the Convention. This requires positive measures aimed at redressing a situation of substantive inequality.[[fn:19]] Systemic discrimination is responsive to, and can therefore be addressed by, legal and policy change. Children in street situations have highlighted the discrimination and negative attitudes by the public they face as a specific concern, and asked for there to be awareness-raising and educational measures to counter them.","labels":["Indigenous peoples","Women/girls","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":15,"text":"Ibid., para. 10."},{"n":16,"text":"See general comments No. 4 (2003) on adolescent health and development in the context of the Convention, para. 12; and No. 10 (2007) on children’s rights in juvenile justice, paras. 8-9."},{"n":17,"text":"See general comment No. 11 (2009) on indigenous children and their rights under the Convention."},{"n":18,"text":"See general comments No. 4, para. 6; and No. 3, para. 7."},{"n":19,"text":"See general comment No. 14, para. 41."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 2 on non-discrimination"]},{"id":"crc-c-gc-21-0027","docId":"crc-c-gc-21","idx":27,"n":27,"text":"27. Discrimination should be eliminated formally, by ensuring that a State’s constitution, laws and policies do not discriminate on the grounds of street situation, and substantively, by paying sufficient attention to children in street situations as a group who have suffered persistent prejudice and who require affirmative action.[[fn:20]] Temporary special measures necessary to accelerate or achieve de facto equality of children in street situations should not be considered discrimination. States should ensure: that children in street situations are equal under the law; that all discrimination on the basis of street situation is prohibited; that incitement to discriminate and harassment[[fn:21]] is addressed; that children in street situations and their families are not arbitrarily deprived of their property; and that curfews are legitimate, proportional and non-discriminatory. States should also sensitize professionals, the private sector and the public to the experiences and rights of children in street situations, with the aim of positively transforming attitudes. States should support creative artistic, cultural and/or sports programmes led by, or involving, children in street situations that help to address misconceptions and break down barriers with professionals, communities — including other children — and wider society through visible mutual dialogue and interaction. This may include street circus, theatre, music, art and sports matches. States should work with print, broadcast and social media to disseminate and amplify sensitization and de-stigmatization messages and stories on the basis of a child rights approach. Public fear of crime committed by children in street situations is often media-fuelled and disproportionate to reality. The media should be actively encouraged to use accurate data and evidence and conform to child protection standards to safeguard children’s dignity, physical security and psychological integrity.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":20,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 20, para. 8."},{"n":21,"text":"Ibid., para. 7."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 2 on non-discrimination"]},{"id":"crc-c-gc-21-0028","docId":"crc-c-gc-21","idx":28,"n":28,"text":"28. The obligations attached to this right are fundamental, as part of a child rights approach, to secure the holistic physical, psychological and moral integrity of children in street situations and promote their human dignity. These children have been identified as particularly vulnerable. As the Committee has already stated, the best interests of a child in a specific situation of vulnerability will not be the same as those of all the children in the same vulnerable situation. Authorities and decision makers need to take into account the different kinds and degrees of vulnerability of each child, as each child is unique and each situation must be assessed according to the child’s uniqueness.[[fn:22]] In this context, “vulnerability” should be considered in conjunction with the resilience and self-reliance of individual children in street situations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":22,"text":"See general comment No. 14, paras. 75-76."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 3 (1) on the best interests of the child"]},{"id":"crc-c-gc-21-0029","docId":"crc-c-gc-21","idx":29,"n":29,"text":"29. Children in street situations are at risk of, inter alia: extrajudicial killings by State agents; murder by adults or peers, including murder linked to so-called vigilante justice, and association with/targeting by criminal individuals and gangs, and when the State does not prevent such crimes; exposure to potentially life-threatening conditions associated with hazardous forms of child labour, traffic accidents,[[fn:23]] substance abuse, commercial sexual exploitation and unsafe sexual practices; and death due to lack of access to adequate nutrition, health care and shelter. The right to life should not be interpreted narrowly.[[fn:24]] It concerns individuals’ entitlement to be free from acts and omissions intended or expected to cause their unnatural or premature death, and to enjoy a life with dignity. In 1999, in the case of the torture and murder by police of three children and two young people in street situations in 1990, the Inter-American Court of Human Rights ruled that arbitrary privation of life is not limited to the illegal act of homicide, but extends to the deprivation of the right to live with dignity. This conception of the right to life extends not only to civil and political rights but also to economic, social and cultural rights. The need to protect the most vulnerable people — as in the case of street children — definitely requires an interpretation of the right to life that encompasses the minimum conditions for a life with dignity.[[fn:25]]","labels":["Children","Adolescents","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":23,"text":"See general comment No. 4, para. 21."},{"n":24,"text":"The preparatory work of the Convention indicate that the rights to life, survival and development under article 6 were understood as complementary and not mutually exclusive, and that the article poses positive obligations (E/CN.4/1988/28)."},{"n":25,"text":"Joint opinion, Villagrán Morales et al v. Guatemala, Inter-American Court of Human Rights, 19 November 1999. Available from www.corteidh.or.cr/docs/casos/articulos/seriec_63_ing.pdf."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 6 on the right to life, survival and development"]},{"id":"crc-c-gc-21-0030","docId":"crc-c-gc-21","idx":30,"n":30,"text":"30. The Committee has already highlighted that growing up in conditions of absolute poverty threatens children’s survival and their health and undermines their basic quality of life.[[fn:26]]","labels":["Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":26,"text":"See general comment No. 7, para. 26."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 6 on the right to life, survival and development"]},{"id":"crc-c-gc-21-0031","docId":"crc-c-gc-21","idx":31,"n":31,"text":"31. The Committee expects States to interpret “development” as a holistic concept, embracing the child’s physical, mental, spiritual, moral, psychological and social development. Children in street situations have a limited range of activities and behaviours from which to choose for their survival and development in public spaces. States’ obligations under article 6 necessitate careful attention being given to the behaviours and lifestyles of children, even if they do not conform to what specific communities or societies determine to be acceptable under prevailing cultural norms for a particular age group. Programmes can only be effective when they acknowledge the realities of children in street situations.[[fn:27]] Interventions should support individual children in street situations to achieve their optimal development,[[fn:28]] maximizing their positive contribution to society.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":27,"text":"See general comment No. 3, para. 11."},{"n":28,"text":"See general comment No. 5, para. 12."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 6 on the right to life, survival and development"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-21-0032","docId":"crc-c-gc-21","idx":32,"n":32,"text":"32. States have an obligation to respect the dignity of children in street situations and their right to life, survival and development by refraining from State-led violence and by decriminalizing survival behaviours and status offences; to protect children in street situations from harm caused by third parties; and to fulfil their right to life, survival and development by designing and implementing holistic long-term strategies, on the basis of a child rights approach, to secure their development to their fullest potential. States should assist trustworthy and supportive adults — such as family members or State or civil society social workers, psychologists, street workers or mentors — to help children in street situations. States should also put in place procedural and practical funeral arrangements to ensure dignity and respect for children who die on the streets.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 6 on the right to life, survival and development"]},{"id":"crc-c-gc-21-0033","docId":"crc-c-gc-21","idx":33,"n":33,"text":"33. Children in street situations face particular barriers in being heard, and the Committee encourages States to make proactive efforts to overcome those barriers. States and intergovernmental organizations should provide — and support civil society organizations in providing — children in street situations with a supportive and enabling environment to: be heard in judicial and administrative proceedings; carry out their own initiatives; and fully participate at the community and national levels in policy and programme conceptualization, design, implementation, coordination, monitoring, review and communication, including through the media. Interventions are of most benefit to children in street situations when the children themselves are involved actively in assessing needs, devising solutions, shaping strategies and carrying them out, rather than being seen as objects for whom decisions are made. States should also listen to relevant adults, such as family and community members, professionals and advocates, when developing prevention and response strategies. Interventions should support individual children in street situations to exercise their rights and develop skills, resilience, responsibility and citizenship, in line with their evolving capacities. States should support and encourage children in street situations to form their own child-led organizations and initiatives, which will create space for meaningful participation and representation.[[fn:30]] Where appropriate, and when properly safeguarded, children in street situations can raise awareness by sharing their own experiences, to reduce stigmatization and discrimination and to help prevent other children ending up in street situations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":30,"text":"See ibid., para. 128."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 12 on the right to be heard"]},{"id":"crc-c-gc-21-0034","docId":"crc-c-gc-21","idx":34,"n":34,"text":"34. Under article 4, States parties shall undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the Convention. This applies to every child without discrimination, paying special attention to the most disadvantaged groups — which clearly includes children in street situations.[[fn:31]] A minimum core obligation is incumbent upon every State to ensure the satisfaction of, at the very least, minimum essential levels of each of the social, economic and cultural rights.[[fn:32]] States should ensure that this applies to children in street situations. Lack of available resources is not a valid argument per se for States to not comply with this core obligation. As the Committee has already stated, the immediate and minimum core obligations imposed by children’s rights shall not be compromised by any retrogressive measures, even in times of economic crisis.[[fn:33]] States should ensure that children in street situations are not affected by regressive measures in times of economic crisis.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":31,"text":"See general comment No. 5, para. 8."},{"n":32,"text":"Committee on Economic, Social and Cultural Rights general comment No. 3 (1990) on the nature of States parties’ obligations, para. 10."},{"n":33,"text":"See general comment No. 19 (2016) on public budgeting for the realization of children’s rights, para. 31."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 4 on appropriate measures"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-21-0035","docId":"crc-c-gc-21","idx":35,"n":35,"text":"35. To strengthen prevention, States should build the capacity of parents, extended families, legal guardians and community members to provide appropriate direction and guidance to children, helping them to take into account the child’s views, in accordance with their age and maturity; to provide a safe and supportive environment in which the child can develop; and to recognize the child as an active rights holder who is increasingly able to exercise those rights as they develop, given proper guidance and direction. The Committee has already elaborated the principle of the evolving capacities of the child: the more the child knows, has experienced and understands, the more the parent or legal guardian has to transform direction and guidance into reminders and advice, and later to an exchange on an equal footing.[[fn:34]] Children in street situations require particularly sensitive direction and guidance that respects their life experience. The majority of children in street situations maintain contact with families, and there is increasing evidence on effective ways to strengthen those family connections. If children in street situations have few or no positive connections with parents, extended families or legal guardians, then the role of community members, as referenced in article 5, takes on a stronger significance and this is understood to include support from trustworthy adults associated with civil society organizations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":34,"text":"See general comment No. 12 (2009) on the right of the child to be heard, para. 84, and general comment No. 14, para. 44."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 5 on direction and guidance consistent with evolving capacities"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-21-0036","docId":"crc-c-gc-21","idx":36,"n":36,"text":"36. The realities in which children in street situations live do not fit traditional definitions or conceptualizations of childhood. They have a unique relationship to public spaces compared with other children. State restrictions on article 15 in relation to public spaces may therefore have a disproportionate impact on children in street situations. States should ensure that their access to political and public space in which to associate and peacefully assemble is not denied in a discriminatory way.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"CRC","article":"15","source":"regex"}]},{"id":"crc-c-gc-21-0037","docId":"crc-c-gc-21","idx":37,"n":37,"text":"37. Association and peaceful assembly are essential for children in street situations to claim their rights, for example, through working children’s unions and child-led associations. However, the Committee has regularly expressed concern in its concluding observations regarding the lack of political space afforded to children to speak out. This is particularly constrained for children in street situations, who often lack connections with a trustworthy adult who may be required to legally register an organization. Children in street situations may lack support in completing paperwork and gaining access to information to develop association and peaceful assembly initiatives. Children in street situations may be paid to boost numbers in protests or gatherings. They may be vulnerable to exploitation and unaware of the implications of joining such events, raising complex questions regarding the need to balance protection and participation rights. However, as expressed by the Committee in its concluding observations, this should not be used as an excuse to curtail their right to association and peaceful assembly. Article 15 requires States to empower children in street situations to exercise their participation rights and counter co-option and manipulation by adults.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"CRC","article":"15","source":"regex"}]},{"id":"crc-c-gc-21-0038","docId":"crc-c-gc-21","idx":38,"n":38,"text":"38. In addition to association and peaceful assembly in the context of civil and political rights, the Committee emphasizes the importance of respecting the choice of children in street situations to associate together in public spaces, without threat to public order, to satisfy their survival and development rights (art. 6), for rest, play and leisure (art. 31),[[fn:35]] to create networks and organize their social life, and as a key feature of their lives in general. For children in street situations, this type of gathering together is part of living. It cannot always be broken down into discrete activities like eating, sleeping or recreation. For children not in street situations, this cooperative coexistence with others mainly takes place in settings like the family household or school. For children in street situations, it takes place in public spaces. Such children need to have a safe space in which they can exercise their right to association, interpreted here in conjunction with other rights protected under the Convention as “spending time with others in public spaces”. The Committee has explored the decreasing tolerance of children in public spaces in relation to article 31.[[fn:36]] In the present general comment, it extends those concerns, regarding decreasing tolerance, to the use of public spaces by children for purposes other than those covered under article 31.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":35,"text":"See general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts, para. 21."},{"n":36,"text":"Ibid., para. 37."}],"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-21-0039","docId":"crc-c-gc-21","idx":39,"n":39,"text":"39. In accordance with article 15 (2), policing or other measures relating to public order are only permissible where such measures are taken on the basis of the law, entail individual rather than collective assessment, comply with the principle of proportionality and represent the least intrusive option. Such measures should not be applied on a group or collective basis.[[fn:37]] This means that harassment, violence, round-ups and street sweeps of children in street situations, including in the context of major political, public or sporting events, or other interventions that restrict or interfere with their rights to association and peaceful assembly, contravene article 15 (2). Not recognizing legally constituted working children’s unions and organizations led by children in street situations, and/or requiring licences for organizations to which children in street situations do not have reasonable access, constitute discrimination against them and are not in compliance with article 15 (2).","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":37,"text":"See general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, para. 18. Originally developed in relation to unaccompanied and separated children who have crossed an international border, in the present general comment the Committee extends this interpretation to all children in street situations."}],"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"CRC","article":"15","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"15","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"15","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-21-0040","docId":"crc-c-gc-21","idx":40,"n":40,"text":"40. States should not harass or arbitrarily remove children in street situations from where they associate and peacefully assemble in public spaces. Sanctions should be imposed on those who violate this right. Specialized training is required to build the capacity of police and security forces to deal with public order situations in a way that upholds respect for the rights of children in street situations.[[fn:38]] Local government by-laws should be reviewed to ensure compliance with article 15 (2). States should support positive measures, such as: empowering children in street situations through child rights education and the development of life skills; preparing stakeholders to accept the views of these children in decision-making as expressed through association and assembly; and promoting the participation of these children in recreation, leisure, sports, artistic and cultural activities alongside other children in the community. Legislation should not require children in street situations’ associations or peaceful assemblies to be formally registered to incur protection under article 15.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":38,"text":"See general comment No. 13, para. 44."}],"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"CRC","article":"15","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"15","source":"regex"}]},{"id":"crc-c-gc-21-0041","docId":"crc-c-gc-21","idx":41,"n":41,"text":"41. Lack of proof of identity has a negative impact on the protection of rights for children in street situations in relation to education, health and other social services, justice, inheritance and family reunification. As a minimum, States should ensure that free, accessible, simple and expeditious birth registration is available to all children at all ages. Children in street situations should be supported proactively to obtain legal identity documents. As a temporary solution, States and local governments should allow innovative and flexible solutions, such as providing informal identity cards, linked to civil society personnel/addresses, allowing children in the meantime to gain access to basic services and protection in the justice system. Innovative solutions should be adopted to overcome the challenges faced by children in street situations, who are often highly mobile and who lack the means to keep a physical identity document safe without losing it or having it damaged or stolen.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"]},{"id":"crc-c-gc-21-0042","docId":"crc-c-gc-21","idx":42,"n":42,"text":"42. The right of children in street situations to have access to, seek and impart information about their rights is crucial if those rights are to be understood and realized in practice. Context-specific, accessible child rights education will help to overcome barriers to participation so their voices can be heard. Children in street situations need to have access through accessible and appropriate channels to accurate, high-quality and child-friendly information relating to: (a) the role and accountability of the State, and complaints mechanisms for redress in relation to human rights violations; (b) protection from violence; (c) sexual and reproductive health, including family planning and prevention of sexually transmitted infections; (d) healthy lifestyles, including diet and physical activity; (e) safe and respectful social and sexual behaviours; (f) prevention of accidents; and (g) the negative impacts of abuse of alcohol, tobacco, drugs and other harmful substances.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"]},{"id":"crc-c-gc-21-0043","docId":"crc-c-gc-21","idx":43,"n":43,"text":"43. Children in street situations may experience limited privacy given that they have to carry out activities in public spaces. Discrimination on the grounds of their or their parents’ or family’s street situation makes them particularly vulnerable to violations of article 16. The Committee recognizes forced eviction to be a violation of article 16 of the Convention, and the Human Rights Committee has in the past recognized it to be a violation of article 17 of the International Covenant on Civil and Political Rights.[[fn:39]] Recommendations in paragraph 27 addressing stigmatization, and in paragraph 60 addressing non-discriminatory and respectful treatment by the police, give guidance in relation to honour and reputation.","labels":["Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":39,"text":"See CCPR/CO/83/KEN, para. 22, and CCPR/C/BGR/CO/3, para. 24."}],"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"16","source":"regex"},{"treaty":"ICCPR","article":"16","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"crc-c-gc-21-0044","docId":"crc-c-gc-21","idx":44,"n":44,"text":"44. For those children in street situations without primary or proxy caregivers, the State is the de facto caregiver and is obliged, under article 20, to ensure alternative care to a child temporarily or permanently deprived of his or her family environment.[[fn:40]] Types of care include: practical and moral support to children on the streets, through a trustworthy adult street worker or peer support, without requiring or coercing children to renounce their street connections and/or move into alternative accommodation; drop-in and community/social centres; night shelters; day-care centres; temporary residential care in group homes; foster care; family reunification; and independent living or long-term care options including, but not exclusively, adoption. Deprivation of liberty, for example, in detention cells or closed centres, is never a form of protection.","labels":["Children","Persons in street situations","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":40,"text":"See general comment No. 13, paras. 33 and 35."}],"section":["V. Key articles of the Convention in relation to children in street situations","C. Family environment and alternative care","Article 20 on the right to special protection and assistance for children deprived of a family environment"],"citedArticles":[{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-c-gc-21-0045","docId":"crc-c-gc-21","idx":45,"n":45,"text":"45. Interventions that do not respect children as active agents in the process of moving off the street into alternative care do not work: children often end up back on the streets when they run away or when placements break down. Placements fail when children in street situations are sent to unfamiliar areas to live with little-known relatives. By applying a child rights approach to the development and provision of alternative choices, States will ensure that children are not forced to depend on their street connections for their survival and/or development and that they are not forced to accept placements against their will. States should ensure, through legislation, regulation and policy directives, that the child’s views are solicited and considered in decisions regarding placements, development and review of care plans, and visits with family.[[fn:41]] States should respect the established international parameters that limit institutionalization as a last resort,[[fn:42]] ensure that children are not placed in alternative care unnecessarily and ensure that, where alternative care is provided, it is delivered under appropriate conditions responding to the rights and best interests of the child.[[fn:43]] States should ensure that State and civil society-run shelters and facilities are safe and of good quality. Where placement with family members is deemed, in consultation with the children in street situations themselves, to be in their best interests, careful preparation and follow-up is needed on both sides. A transitional stage between the streets and a long-term placement is often required, the length of this period being determined on a case-by-case basis with the child. Use of police or other detention cells to accommodate children owing to lack of alternative care facilities is not acceptable.","labels":["Children","Persons in street situations","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":41,"text":"See general comments No. 12, para. 54; No. 6, para. 40; and No. 7, para. 36 (b)."},{"n":42,"text":"See general comment No. 3, para. 35."},{"n":43,"text":"Guidelines for the Alternative Care of Children, GA resolution 64/142, annex."}],"section":["V. Key articles of the Convention in relation to children in street situations","C. Family environment and alternative care","Article 20 on the right to special protection and assistance for children deprived of a family environment"]},{"id":"crc-c-gc-21-0046","docId":"crc-c-gc-21","idx":46,"n":46,"text":"46. Many children in street situations live with their families, either on or off the streets, and/or maintain family connections, and they should be supported to maintain those connections. States should not separate children from their families solely on the basis of the families’ street-working or street-living status. Likewise, States should not separate babies or children born to children themselves in street situations. Financial and material poverty, or conditions directly and uniquely imputable to such poverty, should never be the only justification for the removal of a child from parental care but should be seen as a signal for the need to provide appropriate support to the family.[[fn:44]] To prevent long-term separation, States can support temporary, rights-respecting care options for children whose parents, for instance, migrate for certain periods of the year for seasonal employment.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":44,"text":"See general comment No. 14, para. 62."}],"section":["V. Key articles of the Convention in relation to children in street situations","C. Family environment and alternative care","Article 9 on separation from parents"]},{"id":"crc-c-gc-21-0047","docId":"crc-c-gc-21","idx":47,"n":47,"text":"47. It is important to establish, maintain and monitor the quality of State and non-State services to prevent children from ending up in street situations as a result of failing to have their care and protection rights fulfilled, and for the benefit of children already in street situations. States should provide quality, rights-respecting services and support civil society organizations to do the same. Non-State institutions, services and facilities for children in street situations should be supported, resourced, accredited, regulated and monitored by the State. Personnel involved in such services should be trained in accordance with paragraph 18.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","C. Family environment and alternative care","Articles 3 (3) on standards for care and protection institutions, services and facilities, and 25 on periodic review of placements"]},{"id":"crc-c-gc-21-0048","docId":"crc-c-gc-21","idx":48,"n":48,"text":"48. Support for parents and legal guardians is essential to prevent children ending up in street situations, and to strengthen family reunification programmes for children already in street situations. States are obliged to render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and to ensure the development of institutions, facilities and services for the care of children. States should take measures to eliminate structural forces that put pressure on families in precarious situations. Key issues to address include: improving rights-based community development in impoverished neighbourhoods; establishing comprehensive economic and social safety nets; providing safe and affordable day-care centres and other specialist services; and improving access to adequate housing and income generation for families. In addition to structural and policy approaches, vulnerable families need case-by-case solutions facilitated by well-trained professionals. States should invest in and scale up family support programmes on the basis of a child rights approach that are proved to halt the intergenerational transmission of conditions that exacerbate children ending up in street situations. States should take measures to provide universal education on child rights and positive parenting for all parents and caregivers, prioritizing — in a non-stigmatizing way — families with children at risk of ending up in street situations. This education should include child rights, including how to listen to children and include their views in decision-making; positive child-rearing, including positive discipline skills, non-violent conflict resolution and attachment parenting; and early childhood development. See also paragraphs 35 and 49.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","C. Family environment and alternative care","Article 18 on parental responsibility"]},{"id":"crc-c-gc-21-0049","docId":"crc-c-gc-21","idx":49,"n":49,"text":"49. In accordance with article 27 (3), States should ensure that all children have a standard of living adequate for their physical, mental, spiritual and moral development, to prevent them ending up in street situations and to fulfil the rights of children already in street situations. States shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing. Those prescriptions leave no leeway for the discretion of States. The implementation of the above in accordance with national conditions and within the means of States parties should be interpreted in conjunction with article 4, that is, to the maximum extent of States parties’ available resources and, where needed, within the framework of international cooperation, with particular regard to the obligations of States to fulfil the minimum core obligation for social, economic and cultural rights. In terms of material assistance, children in street situations prioritize the need for a safe place to live, food and free and accessible medical care and education, through State support to parents and caregivers, particularly in relation to subsidized, adequate housing and income generation. The interpretation of article 27 (3) is not limited to measures to assist parents and others responsible for the child. The obligation to provide material assistance and support programmes in case of need should be interpreted as also meaning assistance provided directly to children. This is particularly relevant for children in street situations with non-existent or abusive family connections. Direct material assistance to children in the form of services may be provided either by the State or via State support to civil society organizations. For single-parent and reconstructed families, States’ measures to secure maintenance for the child are particularly important (see article 27 (4)).","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","D. Adequate standard of living","Article 27 on the right to an adequate standard of living"],"citedArticles":[{"treaty":"CRC","article":"27","paragraph":"3","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"27","paragraph":"3","source":"regex"},{"treaty":"CRC","article":"27","paragraph":"4","source":"regex"}]},{"id":"crc-c-gc-21-0050","docId":"crc-c-gc-21","idx":50,"n":50,"text":"50. The right to housing is an important component of article 27 that is particularly relevant for children in street situations. It has been interpreted broadly by the Committee on Economic, Social and Cultural Rights as the right to live somewhere in security, peace and dignity,[[fn:45]] which clarifies that the concept of “adequacy” in relation to housing requires attention to: legal security of tenure; availability of services, materials, facilities and infrastructure; affordability; habitability; accessibility; location; and cultural adequacy.[[fn:46]] Children are among those who suffer disproportionately from the practice of forced eviction.[[fn:47]] Forced evictions, including through demolition of informal or illegal housing, can make life more precarious for children, forcing them to sleep on the streets and exposing them to further rights violations. A predominant theme of consultations with children in street situations is the inadequacy and inappropriateness of some State-run “shelters”, and their high levels of violence and insecurity, such that children prefer to be on the streets.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":45,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on the right to adequate housing, para. 7."},{"n":46,"text":"Ibid., para. 8."},{"n":47,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997) on forced evictions, para. 10."}],"section":["V. Key articles of the Convention in relation to children in street situations","D. Adequate standard of living","Article 27 on the right to an adequate standard of living"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-21-0051","docId":"crc-c-gc-21","idx":51,"n":51,"text":"51. States should take measures to address the structural causes of poverty and income inequalities to reduce pressure on and strengthen precarious families, as a means of offering better protection for children and reducing the likelihood of children ending up in street situations. Such measures include: introducing tax and expenditure policies that reduce economic inequalities; expanding fair-wage employment and other opportunities for income generation; introducing pro-poor policies for rural and urban development; eliminating corruption; introducing child-focused policies and budgeting; strengthening child-centred poverty alleviation programmes in areas known for high levels of migration; and offering adequate social security and social protection. Specific examples include child benefit programmes used in European and North American countries, and cash transfer programmes introduced in Latin American countries and widely applied in Asian and African countries. States should make efforts so that such programmes reach the most marginalized families who may not have bank accounts. Material support should be made available to parents and caregivers and also directly to children in street situations, and such mechanisms and services should be designed and implemented on the basis of a child rights approach. With regard to housing, security of tenure is essential for preventing children from coming into street situations. This includes access to adequate housing that is safe, with access to safe drinking water, sanitation and hygiene facilities. Children, including those living in informal or illegal housing, should not be subject to forced evictions prior to the provision of adequate alternative accommodation: States are required to make appropriate provisions for affected children. Child and human rights impact assessments should be a prerequisite for development and infrastructure projects to minimize the negative impacts of displacement.","labels":["Children","Persons in street situations","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","D. Adequate standard of living","Article 27 on the right to an adequate standard of living"]},{"id":"crc-c-gc-21-0052","docId":"crc-c-gc-21","idx":52,"n":52,"text":"52. Children with disabilities end up in street situations for various reasons, including economic and social factors, and are sometimes exploited for begging. States should take all actions necessary to prevent and to explicitly criminalize such exploitation and to bring perpetrators to justice.[[fn:48]] Children in street situations may be at risk of developing disabilities owing to the negative impact of aspects of street life, such as violence, exploitation and substance abuse. Intellectual and psychosocial disabilities can render children in street situations particularly vulnerable to exploitation and abuse. States should adopt special protection measures, including identifying and removing barriers that prevent children with disabilities from gaining access to services, including inclusive education.","labels":["Children","Persons with disabilities","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":48,"text":"See general comment No. 9, para. 76."}],"section":["V. Key articles of the Convention in relation to children in street situations","E. Disability and health","Article 23 on children with disabilities"]},{"id":"crc-c-gc-21-0053","docId":"crc-c-gc-21","idx":53,"n":53,"text":"53. The street environment can increase vulnerability regarding physical and mental health issues.[[fn:50]] Challenges include disproportionately high rates of substance abuse, HIV[[fn:51]] and other sexually transmitted infections, pregnancy, violence (including by peers), suicidal thoughts and suicide, self-medicating with unregulated medicines and exposure to infectious diseases, pollution and traffic accidents. The Committee emphasizes the need for health education and services, including on sexual and reproductive health, tailored to the specific needs of children in street situations. Such education and services should be friendly and supportive, comprehensive, accessible, free, confidential, non-judgmental, non-discriminatory, respectful of autonomous decision by the children, and without the requirement for parental consent.[[fn:52]] Health services should be made accessible regardless of physical location or social status. Children in street situations should have access to free basic health-care services through universal health coverage and social protection schemes. States should increase the availability of prevention, treatment and rehabilitation services for substance abuse, including harm-reduction services, and trauma therapy and mental health services for children in street situations. These services should be staffed by professionals trained on child rights and the particular circumstances of children in street situations. States can promote properly supported peer education that can be especially effective in combating substance abuse, sexually transmitted infections and HIV. Particular attention is needed to protect children in street situations from involvement in the drug trade.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":50,"text":"See general comment No. 4, para. 34."},{"n":51,"text":"See general comment No. 3, para. 30."},{"n":52,"text":"Ibid., paras. 20-21; general comments No. 4, paras. 11 and 26; and No. 15, particularly paras. 8, 11 and 28."}],"section":["V. Key articles of the Convention in relation to children in street situations","E. Disability and health","Articles 24 on health and 33 on drugs and substance abuse"]},{"id":"crc-c-gc-21-0054","docId":"crc-c-gc-21","idx":54,"n":54,"text":"54. Accessible, free, safe, relevant and quality education is crucial to preventing children from ending up in street situations and fulfilling the rights of children already in street situations. For many children, education represents the last connection point with wider societies. States should make adequate provision, including support to parents, caregivers and families, to ensure that children in street situations can stay in school and that their right to quality education is fully protected. A range of education options is necessary, including “second-chance education”, catch-up classes, mobile schools, vocational training linked to market research and followed up with long-term support for income generation, and pathways into formal education, through partnerships with civil society. Teachers should be trained on child rights and children in street situations, and child-centred, participatory teaching methodologies.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","F. Education, leisure and cultural activities","Article 28 on education"]},{"id":"crc-c-gc-21-0055","docId":"crc-c-gc-21","idx":55,"n":55,"text":"55. The aims of education for children in street situations should comply with article 29 and include literacy, numeracy, digital literacy, life skills, child rights education, tolerance for diversity, and citizenship education. Such education is vitally important for the fulfilment of children’s rights to protection, development and participation, including strengthening their autonomy and empowering them to better negotiate situations of risk, to prevent children from ending up in street situations and for those who are in street situations. States should take measures to provide good quality, free child rights education and life skills universally to all children, through the school curriculum and through non-formal and street education, to reach out-of-school children.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","F. Education, leisure and cultural activities","Article 29 on the aims of education"],"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-21-0056","docId":"crc-c-gc-21","idx":56,"n":56,"text":"56. The Committee highlights the right to rest, play, leisure and participation in artistic and cultural activities. Children in street situations apply their own creativity to utilize the informal setting of the streets for play opportunities.[[fn:54]] States should ensure they are not excluded in a discriminatory way from parks and playgrounds, for example, in relation to dress codes,[[fn:55]] and adopt measures to assist them in developing their creativity and practising sport, including with mobile recreation and sports facilities.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":54,"text":"General comment No. 17."},{"n":55,"text":"Ibid., para. 49."}],"section":["V. Key articles of the Convention in relation to children in street situations","F. Education, leisure and cultural activities","Article 31 on rest, play and leisure"]},{"id":"crc-c-gc-21-0057","docId":"crc-c-gc-21","idx":57,"n":57,"text":"57. Violence in all its forms — emotional, physical or sexual — is a fundamental cause and a consequence of children ending up in street situations. Violence of all kinds permeates the lives of children in street situations on a vast scale and it is a primary concern highlighted by children themselves. Specific, immediate and urgent measures need to be taken to protect children in street situations. In conjunction with all the recommendations in general comment No. 13, such measures include: prohibiting all forms of violence, including corporal punishment; mechanisms for reaching out to vulnerable children in the process of disconnecting from family and community; mechanisms for reporting violence, discrimination and other forms of rights violations; and mechanisms for holding perpetrators of violence to account, whether State or non-State, individuals or groups. Special mechanisms might have to be established to deal with individuals reported by these children as threats to their well-being, such as some members of the police and those involved in organized crime and drug trafficking.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","G. Violence against children and special protection measures","Articles 19 and 39 on freedom from all forms of violence"]},{"id":"crc-c-gc-21-0058","docId":"crc-c-gc-21","idx":58,"n":58,"text":"58. Children in street situations are particularly vulnerable to sexual violence and exploitation, and the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography is particularly relevant for them. Gender-sensitive responses should be made by professionals who are trained in understanding the specific circumstances of children in street situations. Children may have ended up in street situations through trafficking for sexual or labour exploitation, and/or may be vulnerable to such trafficking, as well as trafficking for body parts, and other forms of exploitation, once they are on the streets.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","G. Violence against children and special protection measures","Articles 34-36 on sexual abuse, sexual exploitation, trafficking and other exploitation"]},{"id":"crc-c-gc-21-0059","docId":"crc-c-gc-21","idx":59,"n":59,"text":"59. The Committee urges States to implement the provisions of article 32 (2) of the Convention, and the International Labour Organization Minimum Age Convention, 1973 (No. 138), and Worst Forms of Child Labour Convention, 1999 (No. 182), to protect children in street situations from economic exploitation and the worst forms of child labour. Action against child labour should comprise comprehensive measures, including the provision of support enabling children to transition into education and guaranteeing an adequate standard of living for them and their families. Such measures should be developed in collaboration with children in street situations and other key stakeholders to reflect children’s best interests and to ensure they do not have any inadvertent negative impact on children’s survival or development. The criminalization of begging or unlicensed trading can result in worse forms of survival behaviours, such as commercial sexual exploitation. Savings schemes to develop budgeting skills and safeguard earnings for children in street situations are beneficial.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","G. Violence against children and special protection measures","Article 32 on child labour"],"citedArticles":[{"treaty":"CRC","article":"32","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-21-0060","docId":"crc-c-gc-21","idx":60,"n":60,"text":"60. Children in street situations are more likely to be targeted, criminalized and end up in the juvenile or adult justice system and less likely to benefit from diversion, alternatives to detention or restorative practices as they are unable to afford bail and may have no responsible adults to vouch for them. Police misconduct, such as harassment (including stealing children’s money and possessions, rounding them up or arbitrarily moving children on, often on the orders of their superiors and/or politicians), corruption, extortion (for money or sex) and physical, psychological or sexual violence are common rights violations that States should criminalize as a matter of urgency. The Committee is concerned about the application of “zero tolerance” policies criminalizing children in street situations and resulting in forced institutionalization. States should support community policing, with an emphasis on protection rather than punishment of children in street situations, and adopt a multicultural police service. States should guarantee all rights to all children, including those in street situations, in the context of a restorative rather than punitive juvenile justice system.[[fn:57]]","labels":["Children","Persons in street situations","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":57,"text":"See general comments No. 6, para. 61; and No. 10, paras. 6, 8-9 and 16."}],"section":["V. Key articles of the Convention in relation to children in street situations","G. Violence against children and special protection measures","Articles 37 and 40 on juvenile justice"]},{"id":"crc-c-gc-21-0061","docId":"crc-c-gc-21","idx":61,"n":61,"text":"61. The Optional Protocol to the Convention on the involvement of children in armed conflict is relevant as children in street situations are vulnerable to recruitment into armed forces or armed groups. Conflicts may lead to children ending up in street situations through the disruption of social networks, family separation, displacement from communities or rejection of demobilized child combatants from communities. In relation to prevention, child rights education, including peace education, and anti-recruitment initiatives need to reach children in street situations. Interventions to minimize the impact of armed conflict need to mitigate proactively the separation of children from families, and family tracing programmes should be prioritized. Disarmament, demobilization and reintegration programmes for children should take into account the dynamics of street-connectedness as a cause and a consequence of children’s involvement in armed conflict.","labels":["Children","Persons in street situations","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","G. Violence against children and special protection measures","Article 38 on armed conflict"]},{"id":"crc-c-gc-21-0062","docId":"crc-c-gc-21","idx":62,"n":62,"text":"62. The Committee recommends that States widely disseminate the present general comment within government, legal and administrative structures, to children in street situations, parents and caregivers, professional organizations, communities, the private sector and civil society. All channels of dissemination, including print media, the Internet, and children’s own communication means, such as storytelling and peer education, should be used. This will necessitate translating it into relevant languages, including sign languages, Braille and easy-to-understand formats for children with disabilities and limited literacy levels. It also requires making culturally appropriate and child-friendly versions and pictorial rather than text-based versions available, holding workshops and seminars, implementing age- and disability-specific support to discuss its implications and how best to implement it, and incorporating it into the training of all professionals working for and with children in street situations. States are also encouraged to include information on children in street situations in their reports to the Committee.","labels":["Children","Persons with disabilities","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["VI. Dissemination and cooperation","Dissemination"]},{"id":"crc-c-gc-21-0063","docId":"crc-c-gc-21","idx":63,"n":63,"text":"63. The Committee calls upon States to strengthen international commitment, cooperation and mutual assistance in preventing children from ending up in street situations and protecting children already in street situations. This includes identifying and sharing rights-based practices that have been shown to be effective, research, policies, monitoring and capacity-building. Cooperation requires the involvement of States, United Nations bodies and agencies, regional organizations, civil society organizations (including child-led organizations and academics), children, the private sector and professional groups. The Committee encourages those actors to foster continuous, high-level policy dialogues and research in relation to quality, evidence-based interventions for prevention and response. This includes dialogues at the international, national, regional and local levels. Such cooperation may need to address the protection of children crossing borders as migrants, refugees and asylum seekers and as victims/survivors of cross-border trafficking.","labels":["Refugees & asylum-seekers","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["VI. Dissemination and cooperation","International cooperation"]},{"id":"crc-c-gc-24-0001","docId":"crc-c-gc-24","idx":1,"n":1,"text":"1. The present general comment replaces general comment No. 10 (2007) on children’s rights in juvenile justice. It reflects the developments that have occurred since 2007 as a result of the promulgation of international and regional standards, the Committee’s jurisprudence, new knowledge about child and adolescent development, and evidence of effective practices, including those relating to restorative justice. It also reflects concerns such as the trends relating to the minimum age of criminal responsibility and the persistent use of deprivation of liberty. The general comment covers specific issues, such as issues relating to children recruited and used by non-State armed groups, including those designated as terrorist groups, and children in customary, indigenous or other non-State justice systems.","labels":["Indigenous peoples","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-24-0002","docId":"crc-c-gc-24","idx":2,"n":2,"text":"2. Children differ from adults in their physical and psychological development. Such differences constitute the basis for the recognition of lesser culpability, and for a separate system with a differentiated, individualized approach. Exposure to the criminal justice system has been demonstrated to cause harm to children, limiting their chances of becoming responsible adults.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-24-0003","docId":"crc-c-gc-24","idx":3,"n":3,"text":"3. The Committee acknowledges that preservation of public safety is a legitimate aim of the justice system, including the child justice system. However, States parties should serve this aim subject to their obligations to respect and implement the principles of child justice as enshrined in the Convention on the Rights of the Child. As the Convention clearly states in article 40, every child alleged as, accused of or recognized as having infringed criminal law should always be treated in a manner consistent with the promotion of the child’s sense of dignity and worth. Evidence shows that the prevalence of crime committed by children tends to decrease after the adoption of systems in line with these principles.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-24-0004","docId":"crc-c-gc-24","idx":4,"n":4,"text":"4. The Committee welcomes the many efforts made to establish child justice systems in compliance with the Convention. Those States having provisions that are more conducive to the rights of children than those contained in the Convention and the present general comment are commended, and reminded that, in accordance with article 41 of the Convention, they should not take any retrogressive steps. State party reports indicate that many States parties still require significant investment to achieve full compliance with the Convention, particularly regarding prevention, early intervention, the development and implementation of diversion measures, a multidisciplinary approach, the minimum age of criminal responsibility and the reduction of deprivation of liberty. The Committee draws States’ attention to the report of the Independent Expert leading the United Nations global study on children deprived of their liberty (A/74/136), submitted pursuant to General Assembly resolution 69/157, which had been initiated by the Committee.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"41","source":"regex"}]},{"id":"crc-c-gc-24-0005","docId":"crc-c-gc-24","idx":5,"n":5,"text":"5. In the past decade, several declarations and guidelines that promote access to justice and child-friendly justice have been adopted by international and regional bodies. These frameworks cover children in all aspects of the justice systems, including child victims and witnesses of crime, children in welfare proceedings and children before administrative tribunals. These developments, valuable though they are, fall outside of the scope of the present general comment, which is focused on children alleged as, accused of or recognized as having infringed criminal law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-24-0006","docId":"crc-c-gc-24","idx":6,"n":6,"text":"The objectives and scope of the present general comment are: (a) To provide a contemporary consideration of the relevant articles and principles in the Convention on the Rights of the Child, and to guide States towards a holistic implementation of child justice systems that promote and protect children’s rights; (b) To reiterate the importance of prevention and early intervention, and of protecting children’s rights at all stages of the system; (c) To promote key strategies for reducing the especially harmful effects of contact with the criminal justice system, in line with increased knowledge about children’s development, in particular: (i) Setting an appropriate minimum age of criminal responsibility and ensuring the appropriate treatment of children on either side of that age; (ii) Scaling up the diversion of children away from formal justice processes and to effective programmes; (iii) Expanding the use of non-custodial measures to ensure that detention of children is a measure of last resort; (iv) Ending the use of corporal punishment, capital punishment and life sentences; (v) For the few situations where deprivation of liberty is justified as a last resort, ensuring that its application is for older children only, is strictly time limited and is subject to regular review; (d) To promote the strengthening of systems through improved organization, capacity-building, data collection, evaluation and research; (e) To provide guidance on new developments in the field, in particular the recruitment and use of children by non-State armed groups, including those designated as terrorist groups, and children coming into contact with customary, indigenous and non-State justice systems.","labels":["Indigenous peoples","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["II. Objectives and scope"]},{"id":"crc-c-gc-24-0007","docId":"crc-c-gc-24","idx":7,"n":7,"text":"7. The Committee encourages the use of non-stigmatizing language relating to children alleged as, accused of or recognized as having infringed criminal law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["III. Terminology"]},{"id":"crc-c-gc-24-0008","docId":"crc-c-gc-24","idx":8,"n":8,"text":"8. Important terms used in the present general comment are listed below:","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"footnotes":[],"section":["III. Terminology"]},{"id":"crc-c-gc-24-0009","docId":"crc-c-gc-24","idx":9,"n":9,"text":"9. States parties should consult the United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice and comparative national and international research on root causes of children’s involvement in the child justice system and undertake their own research to inform the development of a prevention strategy. Research has demonstrated that intensive family- and community-based treatment programmes designed to make positive changes in aspects of the various social systems (home, school, community, peer relations) that contribute to the serious behavioural difficulties of children reduce the risk of children coming into child justice systems. Prevention and early intervention programmes should be focused on support for families, in particular those in vulnerable situations or where violence occurs. Support should be provided to children at risk, particularly children who stop attending school, are excluded or otherwise do not complete their education. Peer group support and a strong involvement of parents are recommended. States parties should also develop community-based services and programmes that respond to the specific needs, problems, concerns and interests of children, and that provide appropriate counselling and guidance to their families.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","A. Prevention of child offending, including early intervention directed at children below the minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0010","docId":"crc-c-gc-24","idx":10,"n":10,"text":"10. Articles 18 and 27 of the Convention confirm the importance of the responsibility of parents for the upbringing of their children, but at the same time the Convention requires States parties to provide the assistance to parents (or other caregivers) necessary to carry out their child-rearing responsibilities. Investment in early childhood care and education correlates with lower rates of future violence and crime. This can commence when the child is very young, for example with home visitation programmes to enhance parenting capacity. Measures of assistance should draw on the wealth of information on community and family-based prevention programmes, such as programmes to improve parent-child interaction, partnerships with schools, positive peer association and cultural and leisure activities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","A. Prevention of child offending, including early intervention directed at children below the minimum age of criminal responsibility"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-24-0011","docId":"crc-c-gc-24","idx":11,"n":11,"text":"11. Early intervention for children who are below the minimum age of criminal responsibility requires child-friendly and multidisciplinary responses to the first signs of behaviour that would, if the child were above the minimum age of criminal responsibility, be considered an offence. Evidence-based intervention programmes should be developed that reflect not only the multiple psychosocial causes of such behaviour, but also the protective factors that may strengthen resilience. Interventions must be preceded by a comprehensive and interdisciplinary assessment of the child’s needs. As an absolute priority, children should be supported within their families and communities. In the exceptional cases that require an out-of-home placement, such alternative care should preferably be in a family setting, although placement in residential care may be appropriate in some instances, to provide the necessary array of professional services. It is to be used only as a measure of last resort and for the shortest appropriate period of time and should be subject to judicial review.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","A. Prevention of child offending, including early intervention directed at children below the minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0012","docId":"crc-c-gc-24","idx":12,"n":12,"text":"12. A systemic approach to prevention also includes closing pathways into the child justice system through the decriminalization of minor offences such as school absence, running away, begging or trespassing, which often are the result of poverty, homelessness or family violence. Child victims of sexual exploitation and adolescents who engage with one another in consensual sexual acts are also sometimes criminalized. These acts, also known as status offences, are not considered crimes if committed by adults. The Committee urges States parties to remove status offences from their statutes.","labels":["Children","Adolescents","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","A. Prevention of child offending, including early intervention directed at children below the minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0013","docId":"crc-c-gc-24","idx":13,"n":13,"text":"13. Under article 40 (3) (b) of the Convention, States parties are required to promote the establishment of measures for dealing with children without resorting to judicial proceedings, whenever appropriate. In practice, the measures generally fall into two categories:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-24-0014","docId":"crc-c-gc-24","idx":14,"n":14,"text":"14. The Committee reminds States parties that, in applying measures under both categories of intervention, utmost care should be taken to ensure that the child’s human rights and legal safeguards are fully respected and protected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0015","docId":"crc-c-gc-24","idx":15,"n":15,"text":"15. Measures dealing with children that avoid resorting to judicial proceedings have been introduced into many systems around the world, and are generally referred to as diversion. Diversion involves the referral of matters away from the formal criminal justice system, usually to programmes or activities. In addition to avoiding stigmatization and criminal records, this approach yields good results for children, is congruent with public safety and has proved to be cost-effective.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility","Interventions that avoid resorting to judicial proceedings"]},{"id":"crc-c-gc-24-0016","docId":"crc-c-gc-24","idx":16,"n":16,"text":"16. Diversion should be the preferred manner of dealing with children in the majority of cases. States parties should continually extend the range of offences for which diversion is possible, including serious offences where appropriate. Opportunities for diversion should be available from as early as possible after contact with the system, and at various stages throughout the process. Diversion should be an integral part of the child justice system, and, in accordance with art. 40 (3) (b) of the Convention, children’s human rights and legal safeguards are to be fully respected and protected in all diversion processes and programmes","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility","Interventions that avoid resorting to judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-24-0017","docId":"crc-c-gc-24","idx":17,"n":17,"text":"17. It is left to the discretion of States parties to decide on the exact nature and content of measures of diversion, and to take the necessary legislative and other measures for their implementation. The Committee takes note that a variety of community-based programmes have been developed, such as community service, supervision and guidance by designated officials, family conferencing and other restorative justice options, including reparation to victims.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility","Interventions that avoid resorting to judicial proceedings"]},{"id":"crc-c-gc-24-0018","docId":"crc-c-gc-24","idx":18,"n":18,"text":"18. The Committee emphasizes the following:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility","Interventions that avoid resorting to judicial proceedings"]},{"id":"crc-c-gc-24-0019","docId":"crc-c-gc-24","idx":19,"n":19,"text":"19. When judicial proceedings are initiated by the competent authority, the principles of a fair and just trial are applicable (see section D below). The child justice system should provide ample opportunities to apply social and educational measures, and to strictly limit the use of deprivation of liberty, from the moment of arrest, throughout the proceedings and in sentencing. States parties should have in place a probation service or similar agency with well-trained staff to ensure the maximum and effective use of measures such as guidance and supervision orders, probation, community monitoring or day reporting centres, and the possibility of early release from detention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility","Interventions in the context of judicial proceedings (disposition)"]},{"id":"crc-c-gc-24-0020","docId":"crc-c-gc-24","idx":20,"n":20,"text":"20. Children who are below the minimum age of criminal responsibility at the time of the commission of an offence cannot be held responsible in criminal law proceedings. Children at or above the minimum age at the time of the commission of an offence but younger than 18 years can be formally charged and subjected to child justice procedures, in full compliance with the Convention. The Committee reminds States parties that the relevant age is the age at the time of the commission of the offence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0021","docId":"crc-c-gc-24","idx":21,"n":21,"text":"21. Under article 40 (3) of the Convention, States parties are required to establish a minimum age of criminal responsibility, but the article does not specify the age. Over 50 States parties have raised the minimum age following ratification of the Convention, and the most common minimum age of criminal responsibility internationally is 14. Nevertheless, reports submitted by States parties indicate that some States retain an unacceptably low minimum age of criminal responsibility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Minimum age of criminal responsibility"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-24-0022","docId":"crc-c-gc-24","idx":22,"n":22,"text":"22. Documented evidence in the fields of child development and neuroscience indicates that maturity and the capacity for abstract reasoning is still evolving in children aged 12 to 13 years due to the fact that their frontal cortex is still developing. Therefore, they are unlikely to understand the impact of their actions or to comprehend criminal proceedings. They are also affected by their entry into adolescence. As the Committee notes in its general comment No. 20 (2016) on the implementation of the rights of the child during adolescence, adolescence is a unique defining stage of human development characterized by rapid brain development, and this affects risk-taking, certain kinds of decision-making and the ability to control impulses. States parties are encouraged to take note of recent scientific findings, and to increase their minimum age accordingly, to at least 14 years of age. Moreover, the developmental and neuroscience evidence indicates that adolescent brains continue to mature even beyond the teenage years, affecting certain kinds of decision-making. Therefore, the Committee commends States parties that have a higher minimum age, for instance 15 or 16 years of age, and urges States parties not to reduce the minimum age of criminal responsibility under any circumstances, in accordance with article 41 of the Convention.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Minimum age of criminal responsibility"],"citedArticles":[{"treaty":"CRC","article":"41","source":"regex"}]},{"id":"crc-c-gc-24-0023","docId":"crc-c-gc-24","idx":23,"n":23,"text":"23. The Committee recognizes that although the setting of a minimum age of criminal responsibility at a reasonably high level is important, an effective approach also depends on how each State deals with children above and below that age. The Committee will continue to scrutinize this in reviews of State party reports. Children below the minimum age of criminal responsibility are to be provided with assistance and services according to their needs, by the appropriate authorities, and should not be viewed as children who have committed criminal offences.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0024","docId":"crc-c-gc-24","idx":24,"n":24,"text":"24. If there is no proof of age and it cannot be established that the child is below or above the minimum age of criminal responsibility, the child is to be given the benefit of the doubt and is not to be held criminally responsible.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0025","docId":"crc-c-gc-24","idx":25,"n":25,"text":"25. The Committee is concerned about practices that permit the use of a lower minimum age of criminal responsibility in cases where, for example, the child is accused of committing a serious offence. Such practices are usually created to respond to public pressure and are not based on a rational understanding of children’s development. The Committee strongly recommends that States parties abolish such approaches and set one standardized age below which children cannot be held responsible in criminal law, without exception.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Systems with exceptions to the minimum age"]},{"id":"crc-c-gc-24-0026","docId":"crc-c-gc-24","idx":26,"n":26,"text":"26. Several States parties apply two minimum ages of criminal responsibility (for example, 7 and 14 years), with a presumption that a child who is at or above the lower age but below the higher age lacks criminal responsibility unless sufficient maturity is demonstrated. Initially devised as a protective system, it has not proved so in practice. Although there is some support for the idea of individualized assessment of criminal responsibility, the Committee has observed that this leaves much to the discretion of the court and results in discriminatory practices.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Systems with two minimum ages"]},{"id":"crc-c-gc-24-0027","docId":"crc-c-gc-24","idx":27,"n":27,"text":"27. States are urged to set one appropriate minimum age and to ensure that such legal reform does not result in a retrogressive position regarding the minimum age of criminal responsibility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Systems with two minimum ages"]},{"id":"crc-c-gc-24-0028","docId":"crc-c-gc-24","idx":28,"n":28,"text":"28. Children with developmental delays or neurodevelopmental disorders or disabilities (for example, autism spectrum disorders, fetal alcohol spectrum disorders or acquired brain injuries) should not be in the child justice system at all, even if they have reached the minimum age of criminal responsibility. If not automatically excluded, such children should be individually assessed.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Children lacking criminal responsibility for reasons related to developmental delays or neurodevelopmental disorders or disabilities"]},{"id":"crc-c-gc-24-0029","docId":"crc-c-gc-24","idx":29,"n":29,"text":"29. The child justice system should apply to all children above the minimum age of criminal responsibility but below the age of 18 years at the time of the commission of the offence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Application of the child justice system"]},{"id":"crc-c-gc-24-0030","docId":"crc-c-gc-24","idx":30,"n":30,"text":"30. The Committee recommends that those States parties that limit the applicability of their child justice system to children under the age of 16 years (or lower), or that allow by way of exception that certain children are treated as adult offenders (for example, because of the offence category), change their laws to ensure a non-discriminatory full application of their child justice system to all persons below the age of 18 years at the time of the offence (see also general comment No. 20, para. 88).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Application of the child justice system"]},{"id":"crc-c-gc-24-0031","docId":"crc-c-gc-24","idx":31,"n":31,"text":"31. Child justice systems should also extend protection to children who were below the age of 18 at the time of the commission of the offence but who turn 18 during the trial or sentencing process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Application of the child justice system"]},{"id":"crc-c-gc-24-0032","docId":"crc-c-gc-24","idx":32,"n":32,"text":"32. The Committee commends States parties that allow the application of the child justice system to persons aged 18 and older whether as a general rule or by way of exception. This approach is in keeping with the developmental and neuroscience evidence that shows that brain development continues into the early twenties.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Application of the child justice system"]},{"id":"crc-c-gc-24-0033","docId":"crc-c-gc-24","idx":33,"n":33,"text":"33. A child who does not have a birth certificate should be provided with one promptly and free of charge by the State, whenever it is required to prove age. If there is no proof of age by birth certificate, the authority should accept all documentation that can prove age, such as notification of birth, extracts from birth registries, baptismal or equivalent documents or school reports. Documents should be considered genuine unless there is proof to the contrary. Authorities should allow for interviews with or testimony by parents regarding age, or for permitting affirmations to be filed by teachers or religious or community leaders who know the age of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Birth certificates and age determination"]},{"id":"crc-c-gc-24-0034","docId":"crc-c-gc-24","idx":34,"n":34,"text":"34. Only if these measures prove unsuccessful may there be an assessment of the child’s physical and psychological development, conducted by specialist pediatricians or other professionals skilled in evaluating different aspects of development. Such assessments should be carried out in a prompt, child- and gender-sensitive and culturally appropriate manner, including interviews of children and parents or caregivers in a language the child understands. States should refrain from using only medical methods based on, inter alia, bone and dental analysis, which is often inaccurate, due to wide margins of error, and can also be traumatic. The least invasive method of assessment should be applied. In the case of inconclusive evidence, the child or young person is to have the benefit of the doubt.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Birth certificates and age determination"]},{"id":"crc-c-gc-24-0035","docId":"crc-c-gc-24","idx":35,"n":35,"text":"35. The Committee recommends that children who turn 18 before completing a diversion programme or non-custodial or custodial measure be permitted to complete the programme, measure or sentence, and not be sent to centres for adults.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Continuation of child justice measures"]},{"id":"crc-c-gc-24-0036","docId":"crc-c-gc-24","idx":36,"n":36,"text":"36. In cases where a young person commits several offences, some occurring before and some after the age of 18 years, States parties should consider providing for procedural rules that allow the child justice system to be applied in respect of all the offences when there are reasonable grounds to do so.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Offences committed before and after 18 years and offences committed with adults"]},{"id":"crc-c-gc-24-0037","docId":"crc-c-gc-24","idx":37,"n":37,"text":"37. In cases where a child commits an offence together with one or more adults, the rules of the child justice system applies to the child, whether they are tried jointly or separately.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Offences committed before and after 18 years and offences committed with adults"]},{"id":"crc-c-gc-24-0038","docId":"crc-c-gc-24","idx":38,"n":38,"text":"38. Article 40 (2) of the Convention contains an important list of rights and guarantees aimed at ensuring that every child receives fair treatment and trial (see also article 14 of the International Covenant on Civil and Political Rights). It should be noted that these are minimum standards. States parties can and should try to establish and observe higher standards.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial"],"citedArticles":[{"treaty":"ICCPR","article":"40","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"crc-c-gc-24-0039","docId":"crc-c-gc-24","idx":39,"n":39,"text":"39. The Committee emphasizes that continuous and systematic training of professionals in the child justice system is crucial to uphold those guarantees. Such professionals should be able to work in interdisciplinary teams, and should be well informed about the physical, psychological, mental and social development of children and adolescents, as well as about the special needs of the most marginalized children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial"]},{"id":"crc-c-gc-24-0040","docId":"crc-c-gc-24","idx":40,"n":40,"text":"40. Safeguards against discrimination are needed from the earliest contact with the criminal justice system and throughout the trial, and discrimination against any group of children requires active redress. In particular, gender-sensitive attention should be paid to girls and to children who are discriminated against on the basis of sexual orientation or gender identity. Accommodation should be made for children with disabilities, which may include physical access to court and other buildings, support for children with psychosocial disabilities, assistance with communication and the reading of documents, and procedural adjustments for testimony.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial"]},{"id":"crc-c-gc-24-0041","docId":"crc-c-gc-24","idx":41,"n":41,"text":"41. States parties should enact legislation and ensure practices that safeguard children’s rights from the moment of contact with the system, including at the stopping, warning or arrest stage, while in custody of police or other law enforcement agencies, during transfers to and from police stations, places of detention and courts, and during questioning, searches and the taking of evidentiary samples. Records should be kept on the location and condition of the child in all phases and processes.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial"]},{"id":"crc-c-gc-24-0042","docId":"crc-c-gc-24","idx":42,"n":42,"text":"42. No child shall be held guilty of any criminal offence that did not constitute a criminal offence, under national or international law, at the time it was committed. States parties that expand their criminal law provisions to prevent and combat terrorism should ensure that those changes do not result in the retroactive or unintended punishment of children. No child should be punished with a heavier penalty than the one applicable at the time of the offence, but if a change of law after the offence provides for a lighter penalty, the child should benefit.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","No retroactive application of child justice (art. 40 (2) (a))"]},{"id":"crc-c-gc-24-0043","docId":"crc-c-gc-24","idx":43,"n":43,"text":"43. The presumption of innocence requires that the burden of proof of the charge is on the prosecution, regardless of the nature of the offence. The child has the benefit of the doubt and is guilty only if the charges have been proved beyond reasonable doubt. Suspicious behaviour on the part of the child should not lead to assumptions of guilt, as it may be due to a lack of understanding of the process, immaturity, fear or other reasons.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Presumption of innocence (art. 40 (2) (b) (i))"]},{"id":"crc-c-gc-24-0044","docId":"crc-c-gc-24","idx":44,"n":44,"text":"44. In paragraphs 57 to 64 of general comment No. 12 (2009) on the right of the child to be heard, the Committee explained the fundamental right of the child to be heard in the context of child justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Right to be heard (art. 12)"]},{"id":"crc-c-gc-24-0045","docId":"crc-c-gc-24","idx":45,"n":45,"text":"45. Children have the right to be heard directly, and not only through a representative, at all stages of the process, starting from the moment of contact. The child has the right to remain silent and no adverse inference should be drawn when children elect not to make statements.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Right to be heard (art. 12)"]},{"id":"crc-c-gc-24-0046","docId":"crc-c-gc-24","idx":46,"n":46,"text":"46. A child who is above the minimum age of criminal responsibility should be considered competent to participate throughout the child justice process. To effectively participate, a child needs to be supported by all practitioners to comprehend the charges and possible consequences and options in order to direct the legal representative, challenge witnesses, provide an account of events and to make appropriate decisions about evidence, testimony and the measure(s) to be imposed. Proceedings should be conducted in a language the child fully understands or an interpreter is to be provided free of charge. Proceedings should be conducted in an atmosphere of understanding to allow children to fully participate. Developments in child-friendly justice provide an impetus towards child-friendly language at all stages, child-friendly layouts of interviewing spaces and courts, support by appropriate adults, removal of intimidating legal attire and adaptation of proceedings, including accommodation for children with disabilities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Effective participation in the proceedings (art. 40 (2) (b) (iv))"]},{"id":"crc-c-gc-24-0047","docId":"crc-c-gc-24","idx":47,"n":47,"text":"47. Every child has the right to be informed promptly and directly (or where appropriate through his or her parent or guardian) of the charges brought against him or her. Promptly means as soon as possible after the first contact of the child with the justice system. Notification of parents should not be neglected on the grounds of convenience or resources. Children who are diverted at the charge stage need to understand their legal options, and legal safeguards should be fully respected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Prompt and direct information of the charge(s) (art. 40 (2) (b) (ii))"]},{"id":"crc-c-gc-24-0048","docId":"crc-c-gc-24","idx":48,"n":48,"text":"48. Authorities should ensure that the child understands the charges, options and processes. Providing the child with an official document is insufficient and an oral explanation is necessary. Although children should be assisted in understanding any document by a parent or appropriate adult, authorities should not leave the explanation of the charges to such persons.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Prompt and direct information of the charge(s) (art. 40 (2) (b) (ii))"]},{"id":"crc-c-gc-24-0049","docId":"crc-c-gc-24","idx":49,"n":49,"text":"49. States should ensure that the child is guaranteed legal or other appropriate assistance from the outset of the proceedings, in the preparation and presentation of the defence, and until all appeals and/or reviews are exhausted. The Committee requests States parties to withdraw any reservation made in respect of article 40 (2) (b) (ii).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-24-0050","docId":"crc-c-gc-24","idx":50,"n":50,"text":"50. The Committee remains concerned that many children face criminal charges before judicial, administrative or other public authorities, and are deprived of liberty, without having the benefit of legal representation. The Committee notes that in article 14 (3) (d) of the International Covenant on Civil and Political Rights, the right to legal representation is a minimum guarantee in the criminal justice system for all persons, and this should equally apply to children. While the article allows the person to defend himself or herself in person, in any case where the interests of justice so require the person is to be assigned legal assistance.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"],"citedArticles":[{"treaty":"ICCPR","article":"14","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-24-0051","docId":"crc-c-gc-24","idx":51,"n":51,"text":"51. In the light of the above, the Committee is concerned that children are provided less protection than international law guarantees for adults. The Committee recommends that States provide effective legal representation, free of charge, for all children who are facing criminal charges before judicial, administrative or other public authorities Child justice systems should not permit children to waive legal representation unless the decision to waive is made voluntarily and under impartial judicial supervision.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"]},{"id":"crc-c-gc-24-0052","docId":"crc-c-gc-24","idx":52,"n":52,"text":"52. If children are diverted to programmes or are in a system that does not result in convictions, criminal records or deprivation of liberty, “other appropriate assistance” by well-trained officers may be an acceptable form of assistance, although States that can provide legal representation for children during all processes should do so, in accordance with article 41. Where other appropriate assistance is permissible, the person providing the assistance is required to have sufficient knowledge of the legal aspects of the child justice process and receive appropriate training.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"],"citedArticles":[{"treaty":"CRC","article":"41","source":"regex"}]},{"id":"crc-c-gc-24-0053","docId":"crc-c-gc-24","idx":53,"n":53,"text":"53. As required under article 14 (3) (b) of the International Covenant on Civil and Political Rights, there is to be adequate time and facilities for the preparation of the defence. Under the Convention on the Rights of the Child, the confidentiality of communications between the child and his or her legal representative or other assistant is to be guaranteed (art. 40 (2) (b) (vii)), and the child’s right of protection against interference with his or her privacy and correspondence is to be respected (art. 16).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"],"citedArticles":[{"article":"14","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'As required under article 14 (3) (b) of the International Covenant on Civil and Political Rights' — ICCPR art. 14(3)(b). Regex defaulted to CRC."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'Under the Convention on the Rights of the Child … (art. 40 (2) (b) (vii))' — CRC art. 40(2)(b)(vii) (confidentiality of communications)."},{"article":"16","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'the child's right of protection against interference with his or her privacy and correspondence is to be respected (art. 16)' — CRC art. 16 (right to privacy)."}]},{"id":"crc-c-gc-24-0054","docId":"crc-c-gc-24","idx":54,"n":54,"text":"54. The Committee reiterates that the time between the commission of the offence and the conclusion of proceedings should be as short as possible. The longer this period, the more likely it is that the response loses its desired outcome.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Decisions without delay and with the involvement of parents or guardians (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-24-0055","docId":"crc-c-gc-24","idx":55,"n":55,"text":"55. The Committee recommends that States parties set and implement time limits for the period between the commission of the offence and the completion of the police investigation, the decision of the prosecutor (or other competent body) to institute charges, and the final decision by the court or other judicial body. These time limits should be much shorter than those set for adults, but should still allow legal safeguards to be fully respected. Similar speedy time limits should apply to diversion measures.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Decisions without delay and with the involvement of parents or guardians (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-24-0056","docId":"crc-c-gc-24","idx":56,"n":56,"text":"56. Parents or legal guardians should be present throughout the proceedings. However, the judge or competent authority may decide to limit, restrict or exclude their presence in the proceedings, at the request of the child or of his or her legal or other appropriate assistant or because it is not in the child’s best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Decisions without delay and with the involvement of parents or guardians (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-24-0057","docId":"crc-c-gc-24","idx":57,"n":57,"text":"57. The Committee recommends that States parties explicitly legislate for the maximum possible involvement of parents or legal guardians in the proceedings because they can provide general psychological and emotional assistance to the child and contribute to effective outcomes. The Committee also recognizes that many children are informally living with relatives who are neither parents nor legal guardians, and that laws should be adapted to allow genuine caregivers to assist children in proceedings, if parents are unavailable.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Decisions without delay and with the involvement of parents or guardians (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-24-0058","docId":"crc-c-gc-24","idx":58,"n":58,"text":"58. States parties must ensure that a child is not compelled to give testimony or to confess or acknowledge guilt. The commission of acts of torture or cruel, inhuman or degrading treatment in order to extract an admission or confession constitutes a grave violation of the child’s rights (Convention on the Rights of the Child, art. 37 (a)). Any such admission or confession is inadmissible as evidence (Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 15).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iv))"],"citedArticles":[{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'Convention on the Rights of the Child, art. 37 (a)' — CRC art. 37(a) (prohibition of torture in juvenile justice)."},{"article":"15","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 15' — CAT art. 15 (exclusion of torture-obtained evidence). Regex defaulted to CRC."}]},{"id":"crc-c-gc-24-0059","docId":"crc-c-gc-24","idx":59,"n":59,"text":"59. Coercion leading a child to a confession or self-incriminatory testimony is impermissible. The term “compelled” should be interpreted broadly and not be limited to physical force. The risk of false confession is increased by the child’s age and development, lack of understanding, and fear of unknown consequences, including a suggested possibility of imprisonment, as well as by the length and circumstances of the questioning.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iv))"]},{"id":"crc-c-gc-24-0060","docId":"crc-c-gc-24","idx":60,"n":60,"text":"60. The child must have access to legal or other appropriate assistance, and should be supported by a parent, legal guardian or other appropriate adult during questioning. The court or other judicial body, when considering the voluntariness and reliability of an admission or confession by a child, should take all factors into account, including the child’s age and maturity, the length of questioning or custody and the presence of legal or other independent assistance and of the parent(s), guardian or appropriate adult. Police officers and other investigating authorities should be well trained to avoid questioning techniques and practices that result in coerced or unreliable confessions or testimonies, and audiovisual techniques should be used where possible.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iv))"]},{"id":"crc-c-gc-24-0061","docId":"crc-c-gc-24","idx":61,"n":61,"text":"61. Children have the right to examine witnesses who testify against them and to involve witnesses to support their defence, and child justice processes should favour the child’s participation, under conditions of equality, with legal assistance.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Presence and examination of witnesses (art. 40 (2) (b) (iv))"]},{"id":"crc-c-gc-24-0062","docId":"crc-c-gc-24","idx":62,"n":62,"text":"62. The child has the right to have any finding of guilt or the measures imposed reviewed by a higher competent, independent and impartial authority or judicial body. This right of review is not limited to the most serious offences. States parties should consider introducing automatic measures of review, particularly in cases that result in criminal records or deprivation of liberty. Furthermore, access to justice requires a broader interpretation, allowing reviews or appeals on any procedural or substantive misdirection, and ensuring that effective remedies are available.[[fn:5]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"footnotes":[{"n":5,"text":"Human Rights Council resolution 25/6."}],"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Right of review or appeal (art. 40 (2) (b) (v))"]},{"id":"crc-c-gc-24-0063","docId":"crc-c-gc-24","idx":63,"n":63,"text":"63. The Committee recommends that States parties withdraw any reservation made in respect of article 40 (2) (b) (v).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Right of review or appeal (art. 40 (2) (b) (v))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-24-0064","docId":"crc-c-gc-24","idx":64,"n":64,"text":"64. A child who cannot understand or speak the language used in the child justice system has the right to the free assistance of an interpreter at all stages of the process. Such interpreters should be trained to work with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Free assistance of an interpreter (art. 40 (2) (b) (vi))"]},{"id":"crc-c-gc-24-0065","docId":"crc-c-gc-24","idx":65,"n":65,"text":"65. States parties should provide adequate and effective assistance by well-trained professionals to children who experience communication barriers.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Free assistance of an interpreter (art. 40 (2) (b) (vi))"]},{"id":"crc-c-gc-24-0066","docId":"crc-c-gc-24","idx":66,"n":66,"text":"66. The right of a child to have his or her privacy fully respected during all stages of the proceedings, set out in article 40 (2) (b) (vii), should be read with articles 16 and 40 (1).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"16","source":"regex"},{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-24-0067","docId":"crc-c-gc-24","idx":67,"n":67,"text":"67. States parties should respect the rule that child justice hearings are to be conducted behind closed doors. Exceptions should be very limited and clearly stated in the law. If the verdict and/or sentence is pronounced in public at a court session, the identity of the child should not be revealed. Furthermore, the right to privacy also means that the court files and records of children s should be kept strictly confidential and closed to third parties except for those directly involved in the investigation and adjudication of, and the ruling on, the case.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-24-0068","docId":"crc-c-gc-24","idx":68,"n":68,"text":"68. Case-law reports relating to children should be anonymous, and such reports placed online should adhere to this rule.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-24-0069","docId":"crc-c-gc-24","idx":69,"n":69,"text":"69. The Committee recommends that States refrain from listing the details of any child, or person who was a child at the time of the commission of the offence, in any public register of offenders. The inclusion of such details in other registers that are not public but impede access to opportunities for reintegration should be avoided.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-24-0070","docId":"crc-c-gc-24","idx":70,"n":70,"text":"70. In the Committee’s view, there should be lifelong protection from publication regarding crimes committed by children. The rationale for the non-publication rule, and for its continuation after the child reaches the age of 18, is that publication causes ongoing stigmatization, which is likely to have a negative impact on access to education, work, housing or safety. This impedes the child’s reintegration and assumption of a constructive role in society. States parties should thus ensure that the general rule is lifelong privacy protection pertaining to all types of media, including social media.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-24-0071","docId":"crc-c-gc-24","idx":71,"n":71,"text":"71. Furthermore, the Committee recommends that States parties introduce rules permitting the removal of children’s criminal records when they reach the age of 18, automatically or, in exceptional cases, following independent review.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-24-0072","docId":"crc-c-gc-24","idx":72,"n":72,"text":"72. The decision to bring a child into the justice system does not mean the child must go through a formal court process. In line with the observations made above in section IV.B, the Committee emphasizes that the competent authorities – in most States the public prosecutor – should continuously explore the possibilities of avoiding a court process or conviction, through diversion and other measures. In other words, diversion options should be offered from the earliest point of contact, before a trial commences, and be available throughout the proceedings. In the process of offering diversion, the child’s human rights and legal safeguards should be fully respected, bearing in mind that the nature and duration of diversion measures may be demanding, and that legal or other appropriate assistance is therefore necessary. Diversion should be presented to the child as a way to suspend the formal court process, which will be terminated if the diversion programme is carried out in a satisfactory manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Diversion throughout the proceedings"]},{"id":"crc-c-gc-24-0073","docId":"crc-c-gc-24","idx":73,"n":73,"text":"73. After proceedings in full compliance with article 40 of Convention are conducted (see section IV.D above), a decision on dispositions is made. The laws should contain a wide variety of non-custodial measures and should expressly prioritize the use of such measures to ensure that deprivation of liberty is used only as a measure of last resort and for the shortest appropriate period of time.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"],"citedArticles":[{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-24-0074","docId":"crc-c-gc-24","idx":74,"n":74,"text":"74. A wide range of experience with the use and implementation of non-custodial measures, including restorative justice measures, exists. States parties should benefit from this experience, and develop and implement such measures by adjusting them to their own culture and tradition. Measures amounting to forced labour or to torture or inhuman and degrading treatment are to be explicitly prohibited and penalized.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"]},{"id":"crc-c-gc-24-0075","docId":"crc-c-gc-24","idx":75,"n":75,"text":"75. The Committee reiterates that corporal punishment as a sanction is a violation of article 37 (a) of the Convention, which prohibits all forms of cruel, inhuman and degrading treatment or punishment (see also the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0076","docId":"crc-c-gc-24","idx":76,"n":76,"text":"76. The Committee emphasizes that the reaction to an offence should always be proportionate not only to the circumstances and the gravity of the offence, but also to the personal circumstances (age, lesser culpability, circumstances and needs, including, if appropriate, the mental health needs of the child), as well as to the various and particularly longterm needs of the society. A strictly punitive approach is not in accordance with the principles of child justice spelled out in article 40 (1) of the Convention. Where serious offences are committed by children, measures proportionate to the circumstances of the offender and to the gravity of the offence may be considered, including considerations of the need for public safety and sanctions. Weight should be given to the child’s best interests as a primary consideration as well as to the need to promote the child’s reintegration into society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-24-0077","docId":"crc-c-gc-24","idx":77,"n":77,"text":"77. Recognizing the harm caused to children and adolescents by deprivation of liberty, and its negative effects on their prospects for successful reintegration, the Committee recommends that States parties set a maximum penalty for children accused of crimes that reflects the principle of the “shortest appropriate period of time” (Convention on the Rights of the Child, art. 37 (b)).","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0078","docId":"crc-c-gc-24","idx":78,"n":78,"text":"78. Mandatory minimum sentences are incompatible with the child justice principle of proportionality and with the requirement that detention is to be a measure of last resort and for the shortest appropriate period of time. Courts sentencing children should start with a clean slate; even discretionary minimum sentence regimes impede proper application of international standards.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"]},{"id":"crc-c-gc-24-0079","docId":"crc-c-gc-24","idx":79,"n":79,"text":"79. Article 37 (a) of the Convention reflects the customary international law prohibition of the imposition of the death penalty for a crime committed by a person who is under 18 years of age. A few States parties assume that the rule prohibits only the execution of persons who are below the age of 18 years at the time of execution. Other States defer the execution until the age of 18. The Committee reiterates that the explicit and decisive criterion is the age at the time of the commission of the offence. If there is no reliable and conclusive proof that the person was below the age of 18 at the time the crime was committed, he or she should have the benefit of the doubt and the death penalty cannot be imposed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Prohibition of the death penalty"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0080","docId":"crc-c-gc-24","idx":80,"n":80,"text":"80. The Committee calls upon the few States parties that have not yet abolished the imposition of the death penalty for all offences committed by persons below the age of 18 years to do so urgently and without exceptions. Any death penalty imposed on a person who was below the age of 18 at the time of the commission of the offence should be commuted to a sanction that is in full conformity with Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Prohibition of the death penalty"]},{"id":"crc-c-gc-24-0081","docId":"crc-c-gc-24","idx":81,"n":81,"text":"81. No child who was below the age of 18 at the time he or she committed an offence should be sentenced to life imprisonment without the possibility of release or parole. The period to be served before consideration of parole should be substantially shorter than that for adults and should be realistic, and the possibility of parole should be regularly reconsidered. The Committee reminds States parties that sentence children to life imprisonment with the possibility of release or parole that in applying this sanction they should strive for the realization of the aims of article 40 (1) of the Convention. This means, inter alia, that a child sentenced to life imprisonment should receive education, treatment and care aiming at his or her release, reintegration and ability to assume a constructive role in society. This also requires a regular review of the child’s development and progress in order to decide on his or her possible release. Life imprisonment makes it very difficult, if not impossible, to achieve the aims of reintegration. The Committee notes the 2015 report in which the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment finds that life imprisonment and lengthy sentences, such as consecutive sentencing, are grossly disproportionate and therefore cruel, inhuman or degrading when imposed on a child (A/HRC/28/68, para. 74). The Committee strongly recommends that States parties abolish all forms of life imprisonment, including indeterminate sentences, for all offences committed by persons who were below the age of 18 at the time of commission of the offence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","No life imprisonment without parole"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-24-0082","docId":"crc-c-gc-24","idx":82,"n":82,"text":"82. Article 37 of the Convention contains important principles for the use of deprivation of liberty, the procedural rights of every child deprived of liberty and provisions concerning the treatment of and conditions for children deprived of their liberty. The Committee draws the attention of States parties to the 2018 report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, in which the Special Rapporteur noted that the scale and magnitude of children’s suffering in detention and confinement called for a global commitment to the abolition of child prisons and large care institutions, alongside scaled-up investment in community-based services (A/HRC/38/36, para. 53).","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0083","docId":"crc-c-gc-24","idx":83,"n":83,"text":"83. States parties should immediately embark on a process to reduce reliance on detention to a minimum.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration"]},{"id":"crc-c-gc-24-0084","docId":"crc-c-gc-24","idx":84,"n":84,"text":"84. Nothing in the present general comment should be construed as promoting or supporting the use of deprivation of liberty, but rather as providing correct procedures and conditions in the minority of cases where deprivation of liberty is deemed necessary.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration"]},{"id":"crc-c-gc-24-0085","docId":"crc-c-gc-24","idx":85,"n":85,"text":"85. The leading principles for the use of deprivation of liberty are: (a) the arrest, detention or imprisonment of a child is to be used only in conformity with the law, only as a measure of last resort and for the shortest appropriate period of time; and (b) no child is to be deprived of his or her liberty unlawfully or arbitrarily. Arrest is often the starting point of pretrial detention, and States should ensure that the law places clear obligations on law enforcement officers to apply article 37 in the context of arrest. States should further ensure that children are not held in transportation or in police cells, except as a measure of last resort and for the shortest period of time, and that they are not held with adults, except where that is in their best interests. Mechanisms for swift release to parents or appropriate adults should be prioritized.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Leading principles"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0086","docId":"crc-c-gc-24","idx":86,"n":86,"text":"86. The Committee notes with concern that, in many countries, children languish in pretrial detention for months or even years, which constitutes a grave violation of article 37 (b) of the Convention. Pretrial detention should not be used except in the most serious cases, and even then only after community placement has been carefully considered. Diversion at the pretrial stage reduces the use of detention, but even where the child is to be tried in the child justice system, non-custodial measures should be carefully targeted to restrict the use of pretrial detention.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Leading principles"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0087","docId":"crc-c-gc-24","idx":87,"n":87,"text":"87. The law should clearly state the criteria for the use of pretrial detention, which should be primarily for ensuring appearance at the court proceedings and if the child poses an immediate danger to others. If the child is considered a danger (to himself or herself or others) child protection measures should be applied. Pretrial detention should be subject to regular review and its duration limited by law. All actors in the child justice system should prioritize cases of children in pretrial detention.","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Leading principles"]},{"id":"crc-c-gc-24-0088","docId":"crc-c-gc-24","idx":88,"n":88,"text":"88. In application of the principle that deprivation of liberty should be imposed for the shortest appropriate period of time, States parties should provide regular opportunities to permit early release from custody, including police custody, into the care of parents or other appropriate adults. There should be discretion to release with or without conditions, such as reporting to an authorized person or place. The payment of monetary bail should not be a requirement, as most children cannot pay and because it discriminates against poor and marginalized families. Furthermore, where bail is set it means that there is a recognition in principle by the court that the child should be released, and other mechanisms can be used to secure attendance.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Leading principles"]},{"id":"crc-c-gc-24-0089","docId":"crc-c-gc-24","idx":89,"n":89,"text":"89. Every child deprived of his or her liberty has the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action. The Committee recommends that no child be deprived of liberty, unless there are genuine public safety or public health concerns, and encourages State parties to fix an age limit below which children may not legally be deprived of their liberty, such as 16 years of age.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-24-0090","docId":"crc-c-gc-24","idx":90,"n":90,"text":"90. Every child arrested and deprived of his or her liberty should be brought before a competent authority within 24 hours to examine the legality of the deprivation of liberty or its continuation. The Committee also recommends that States parties ensure that pretrial detention is reviewed regularly with a view to ending it. In cases where conditional release of the child at or before the first appearance (within 24 hours) is not possible, the child should be formally charged with the alleged offences and be brought before a court or other competent, independent and impartial authority or judicial body for the case to be dealt with as soon as possible but not later than 30 days after pretrial detention takes effect. The Committee, conscious of the practice of adjourning court hearings many times and/or for long periods, urges States parties to adopt maximum limits for the number and length of postponements and introduce legal or administrative provisions to ensure that the court or other competent body makes a final decision on the charges not later than six months from the initial date of detention, failing which the child should be released.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-24-0091","docId":"crc-c-gc-24","idx":91,"n":91,"text":"91. The right to challenge the legality of the deprivation of liberty includes not only the right to appeal court decisions, but also the right of access to a court for review of an administrative decision (taken by, for example, the police, the prosecutor and other competent authorities). States parties should set short time limits for the finalization of appeals and reviews to ensure prompt decisions, as required by the Convention.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-24-0092","docId":"crc-c-gc-24","idx":92,"n":92,"text":"92. Every child deprived of liberty is to be separated from adults, including in police cells. A child deprived of liberty is not to be placed in a centre or prison for adults, as there is abundant evidence that this compromises their health and basic safety and their future ability to remain free of crime and to reintegrate. The permitted exception to the separation of children from adults stated in article 37 (c) of the Convention – “unless it is considered in the child’s best interests not to do so” – should be interpreted narrowly and the convenience of the States parties should not override best interests. States parties should establish separate facilities for children deprived of their liberty that are staffed by appropriately trained personnel and that operate according to child-friendly policies and practices.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Treatment and conditions (art. 37 (c))"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0093","docId":"crc-c-gc-24","idx":93,"n":93,"text":"93. The above rule does not mean that a child placed in a facility for children should be moved to a facility for adults immediately after he or she reaches the age of 18. The continuation of his or her stay in the facility for children should be possible if that is in his or her best interests and not contrary to the best interests of the children in the facility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Treatment and conditions (art. 37 (c))"]},{"id":"crc-c-gc-24-0094","docId":"crc-c-gc-24","idx":94,"n":94,"text":"94. Every child deprived of liberty has the right to maintain contact with his or her family through correspondence and visits. To facilitate visits, the child should be placed in a facility as close as possible to his or her family’s place of residence. Exceptional circumstances that may limit this contact should be clearly described in law and not be left to the discretion of the authorities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Treatment and conditions (art. 37 (c))"]},{"id":"crc-c-gc-24-0095","docId":"crc-c-gc-24","idx":95,"n":95,"text":"95. The Committee emphasizes that, inter alia, the following principles and rules need to be observed in all cases of deprivation of liberty:","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Treatment and conditions (art. 37 (c))"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0096","docId":"crc-c-gc-24","idx":96,"n":96,"text":"96. There is an emerging view that trials of civilians by military tribunals and State security courts contravene the non-derogable right to a fair trial by a competent, independent and impartial court. This is an even more concerning breach of rights for children, who should always be dealt with in specialized child justice systems. The Committee has raised concerns about this in several concluding observations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Military courts and State security courts"]},{"id":"crc-c-gc-24-0097","docId":"crc-c-gc-24","idx":97,"n":97,"text":"97. The United Nations has verified numerous cases of recruitment and exploitation of children by non-State armed groups, including those designated as terrorist groups, not only in conflict areas but also in non-conflict areas, including children’s countries of origin and countries of transit or return.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Children recruited and used by non-State armed groups, including those designated as terrorist groups, and children charged in counter-terrorism contexts"]},{"id":"crc-c-gc-24-0098","docId":"crc-c-gc-24","idx":98,"n":98,"text":"98. When under the control of such groups, children may become victims of multiple forms of violations, such as conscription; military training; being used in hostilities and/or terrorist acts, including suicide attacks; being forced to carry out executions; being used as human shields; abduction; sale; trafficking; sexual exploitation; child marriage; being used for the transport or sale of drugs; or being exploited to carry out dangerous tasks, such as spying, conducting surveillance, guarding checkpoints, conducting patrols or transporting military equipment. It has been reported that non-State armed groups and those designated as terrorist groups also force children to commit acts of violence against their own families or within their own communities to demonstrate loyalty and to discourage future defection.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Children recruited and used by non-State armed groups, including those designated as terrorist groups, and children charged in counter-terrorism contexts"]},{"id":"crc-c-gc-24-0099","docId":"crc-c-gc-24","idx":99,"n":99,"text":"99. The authorities of States parties face a number of challenges when dealing with these children. Some States parties have adopted a punitive approach with no or limited consideration of children’s rights, resulting in lasting consequences for the development of the child and having a negative impact on the opportunities for social reintegration, which in turn may have serious consequences for the broader society. Often, these children are arrested, detained, prosecuted and put on trial for their actions in conflict areas and, to a lesser extent, also in their countries of origin or return.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Children recruited and used by non-State armed groups, including those designated as terrorist groups, and children charged in counter-terrorism contexts"]},{"id":"crc-c-gc-24-0100","docId":"crc-c-gc-24","idx":100,"n":100,"text":"100. The Committee draws the attention of States parties to Security Council resolution 2427 (2018). In the resolution, the Council stressed the need to establish standard operating procedures for the rapid handover of children associated or allegedly associated with all non-State armed groups, including those who committed acts of terrorism, to relevant civilian child protection actors. The Council emphasized that children who had been recruited in violation of applicable international law by armed forces and armed groups and were accused of having committed crimes during armed conflicts should be treated primarily as victims of violations of international law. The Council also urged Member States to consider non-judicial measures as alternatives to prosecution and detention that were focused on reintegration, and called on them to apply due process for all children detained for association with armed forces and armed groups.","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Children recruited and used by non-State armed groups, including those designated as terrorist groups, and children charged in counter-terrorism contexts"]},{"id":"crc-c-gc-24-0101","docId":"crc-c-gc-24","idx":101,"n":101,"text":"101. States parties should ensure that all children charged with offences, regardless of the gravity or the context, are dealt with in terms of articles 37 and 40 of the Convention, and should refrain from charging and prosecuting them for expressions of opinion or for mere association with a non-State armed group, including those designated as terrorist groups. In line with paragraph 88 of its general comment No. 20, the Committee further recommends that States parties adopt preventive interventions to tackle social factors and root causes, as well as social reintegration measures, including when implementing Security Council resolutions related to counter-terrorism, such as resolutions 1373 (2001), 2178 (2014), 2396 (2017) and 2427 (2018), and General Assembly resolution 72/284, in particular the recommendations contained in paragraph 18.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Children recruited and used by non-State armed groups, including those designated as terrorist groups, and children charged in counter-terrorism contexts"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-24-0102","docId":"crc-c-gc-24","idx":102,"n":102,"text":"102. Many children come into contact with plural justice systems that operate parallel to or on the margins of the formal justice system. These may include customary, tribal, indigenous or other justice systems. They may be more accessible than the formal mechanisms and have the advantage of quickly and relatively inexpensively proposing responses tailored to cultural specificities. Such systems can serve as an alternative to official proceedings against children, and are likely to contribute favourably to the change of cultural attitudes concerning children and justice.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Customary, indigenous and non-State forms of justice"]},{"id":"crc-c-gc-24-0103","docId":"crc-c-gc-24","idx":103,"n":103,"text":"103. There is an emerging consensus that reforms of justice sector programmes should be attentive to such systems. Considering the potential tension between State and non-State justice, in addition to concerns about procedural rights and risks of discrimination or marginalization, reforms should proceed in stages, with a methodology that involves a full understanding of the comparative systems concerned and that is acceptable to all stakeholders. Customary justice processes and outcomes should be aligned with constitutional law and with legal and procedural guarantees. It is important that unfair discrimination does not occur, if children committing similar crimes are being dealt with differently in parallel systems or forums.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Customary, indigenous and non-State forms of justice"]},{"id":"crc-c-gc-24-0104","docId":"crc-c-gc-24","idx":104,"n":104,"text":"104. The principles of the Convention should be infused into all justice mechanisms dealing with children, and States parties should ensure that the Convention is known and implemented. Restorative justice responses are often achievable through customary, indigenous or other non-State justice systems, and may provide opportunities for learning for the formal child justice system. Furthermore, recognition of such justice systems can contribute to increased respect for the traditions of indigenous societies, which could have benefits for indigenous children. Interventions, strategies and reforms should be designed for specific contexts and the process should be driven by national actors.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Customary, indigenous and non-State forms of justice"]},{"id":"crc-c-gc-24-0105","docId":"crc-c-gc-24","idx":105,"n":105,"text":"105. In order to ensure the full implementation of the principles and rights elaborated in the previous paragraphs, it is necessary to establish an effective organization for the administration of child justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0106","docId":"crc-c-gc-24","idx":106,"n":106,"text":"106. A comprehensive child justice system requires the establishment of specialized units within the police, the judiciary, the court system and the prosecutor’s office, as well as specialized defenders or other representatives who provide legal or other appropriate assistance to the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0107","docId":"crc-c-gc-24","idx":107,"n":107,"text":"107. The Committee recommends that States parties establish child justice courts either as separate units or as part of existing courts. Where that is not feasible for practical reasons, States parties should ensure the appointment of specialized judges for dealing with cases concerning child justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0108","docId":"crc-c-gc-24","idx":108,"n":108,"text":"108. Specialized services such as probation, counselling or supervision should be established together with specialized facilities, for example day treatment centres and, where necessary, small-scale facilities for residential care and treatment of children referred by the child justice system. Effective inter-agency coordination of the activities of all these specialized units, services and facilities should be continuously promoted.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0109","docId":"crc-c-gc-24","idx":109,"n":109,"text":"109. In addition, individual assessments of children and a multidisciplinary approach are encouraged. Particular attention should be paid to specialized community-based services for children who are below the age of criminal responsibility, but who are assessed to be in need of support.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0110","docId":"crc-c-gc-24","idx":110,"n":110,"text":"110. Non-governmental organizations can and do play an important role in child justice. The Committee therefore recommends that States parties seek the active involvement of such organizations in the development and implementation of their comprehensive child justice policy and, where appropriate, provide them with the necessary resources for this involvement.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0111","docId":"crc-c-gc-24","idx":111,"n":111,"text":"111. Children who commit offences are often subjected to negative publicity in the media, which contributes to a discriminatory and negative stereotyping of those children. This negative presentation or criminalization of children is often based on a misrepresentation and/or misunderstanding of the causes of crime, and regularly results in calls for tougher approaches (zero-tolerance and “three strikes” approaches, mandatory sentences, trial in adult courts and other primarily punitive measures). States parties should seek the active and positive involvement of Members of Parliament, non-governmental organizations and the media to promote and support education and other campaigns to ensure that all aspects of the Convention are upheld for children who are in the child justice system. It is crucial for children, in particular those who have experience with the child justice system, to be involved in these awareness-raising efforts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["VI. Awareness-raising and training"]},{"id":"crc-c-gc-24-0112","docId":"crc-c-gc-24","idx":112,"n":112,"text":"112. It is essential for the quality of the administration of child justice that all the professionals involved receive appropriate multidisciplinary training on the content and meaning of the Convention. The training should be systematic and continuous and should not be limited to information on the relevant national and international legal provisions. It should include established and emerging information from a variety of fields on, inter alia, the social and other causes of crime, the social and psychological development of children, including current neuroscience findings, disparities that may amount to discrimination against certain marginalized groups such as children belonging to minorities or indigenous peoples, the culture and the trends in the world of young people, the dynamics of group activities and the available diversion measures and non-custodial sentences, in particular measures that avoid resorting to judicial proceedings. Consideration should also be given to the possible use of new technologies such as video “court appearances”, while noting the risks of others, such as DNA profiling. There should be a constant reappraisal of what works.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["VI. Awareness-raising and training"]},{"id":"crc-c-gc-24-0113","docId":"crc-c-gc-24","idx":113,"n":113,"text":"113. The Committee urges States parties to systematically collect disaggregated data, including on the number and nature of offences committed by children, the use and the average duration of pretrial detention, the number of children dealt with by resorting to measures other than judicial proceedings (diversion), the number of convicted children, the nature of the sanctions imposed on them and the number of children deprived of their liberty.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["VII. Data collection, evaluation and research"]},{"id":"crc-c-gc-24-0114","docId":"crc-c-gc-24","idx":114,"n":114,"text":"114. The Committee recommends that States parties ensure regular evaluations of their child justice systems, in particular of the effectiveness of the measures taken, and in relation to matters such as discrimination, reintegration and patterns of offending, preferably carried out by independent academic institutions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["VII. Data collection, evaluation and research"]},{"id":"crc-c-gc-24-0115","docId":"crc-c-gc-24","idx":115,"n":115,"text":"115. It is important that children are involved in this evaluation and research, in particular those who are or who have previously had contact with the system, and that the evaluation and research are undertaken in line with existing international guidelines on the involvement of children in research.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["VII. Data collection, evaluation and research"]},{"id":"crc-c-gc-25-0001","docId":"crc-c-gc-25","idx":1,"n":1,"text":"1. The children consulted for the present general comment reported that digital technologies were vital to their current lives and to their future: “By the means of digital technology, we can get information from all around the world”; “[Digital technology] introduced me to major aspects of how I identify myself”; “When you are sad, the Internet can help you [to] see something that brings you joy”.[[fn:1]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":1,"text":"“Our rights in a digital world”, summary report on the consultation of children for the present general comment, pp. 14 and 22. Available from https://5rightsfoundation.com/uploads/Our%20Rights% 20in%20a%20Digital%20World.pdf. All references to children’s views refer to that report."}],"section":["I. Introduction"]},{"id":"crc-c-gc-25-0002","docId":"crc-c-gc-25","idx":2,"n":2,"text":"2. The digital environment is constantly evolving and expanding, encompassing information and communications technologies, including digital networks, content, services and applications, connected devices and environments, virtual and augmented reality, artificial intelligence, robotics, automated systems, algorithms and data analytics, biometrics and implant technology.[[fn:2]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":2,"text":"A terminology glossary is available on the Committee’s webpage: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2fCRC%2fINF%2f9314&Lang=en."}],"section":["I. Introduction"]},{"id":"crc-c-gc-25-0003","docId":"crc-c-gc-25","idx":3,"n":3,"text":"3. The digital environment is becoming increasingly important across most aspects of children’s lives, including during times of crisis, as societal functions, including education, government services and commerce, progressively come to rely upon digital technologies. It affords new opportunities for the realization of children’s rights, but also poses the risks of their violation or abuse. During consultations, children expressed the view that the digital environment should support, promote and protect their safe and equitable engagement: “We would like the government, technology companies and teachers to help us [to] manage untrustworthy information online.”; “I would like to obtain clarity about what really happens with my data … Why collect it? How is it being collected?”; “I am … worried about my data being shared”.[[fn:3]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":3,"text":"“Our rights in a digital world”, pp. 14, 16, 22 and 25."}],"section":["I. Introduction"]},{"id":"crc-c-gc-25-0004","docId":"crc-c-gc-25","idx":4,"n":4,"text":"4. The rights of every child must be respected, protected and fulfilled in the digital environment. Innovations in digital technologies affect children’s lives and their rights in ways that are wide-ranging and interdependent, even where children do not themselves access the Internet. Meaningful access to digital technologies can support children to realize the full range of their civil, political, cultural, economic and social rights. However, if digital inclusion is not achieved, existing inequalities are likely to increase, and new ones may arise.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Introduction"]},{"id":"crc-c-gc-25-0005","docId":"crc-c-gc-25","idx":5,"n":5,"text":"5. The present general comment draws on the Committee’s experience in reviewing States parties’ reports, its day of general discussion on digital media and children’s rights, the jurisprudence of the human rights treaty bodies, the recommendations of the Human Rights Council and the special procedures of the Council, two rounds of consultations with States, experts and other stakeholders on the concept note and advanced draft and an international consultation with 709 children living in a wide variety of circumstances in 28 countries in several regions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Introduction"]},{"id":"crc-c-gc-25-0006","docId":"crc-c-gc-25","idx":6,"n":6,"text":"6. The present general comment should be read in conjunction with other relevant general comments of the Committee and its guidelines regarding the implementation of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Introduction"]},{"id":"crc-c-gc-25-0007","docId":"crc-c-gc-25","idx":7,"n":7,"text":"7. In the present general comment, the Committee explains how States parties should implement the Convention in relation to the digital environment and provides guidance on relevant legislative, policy and other measures to ensure full compliance with their obligations under the Convention and the Optional Protocols thereto in the light of the opportunities, risks and challenges in promoting, respecting, protecting and fulfilling all children’s rights in the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["II. Objective"]},{"id":"crc-c-gc-25-0008","docId":"crc-c-gc-25","idx":8,"n":8,"text":"8. The following four principles provide a lens through which the implementation of all other rights under the Convention should be viewed. They should serve as a guide for determining the measures needed to guarantee the realization of children’s rights in relation to the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles"]},{"id":"crc-c-gc-25-0009","docId":"crc-c-gc-25","idx":9,"n":9,"text":"9. The right to non-discrimination requires that States parties ensure that all children have equal and effective access to the digital environment in ways that are meaningful for them.[[fn:4]] States parties should take all measures necessary to overcome digital exclusion. That includes providing free and safe access for children in dedicated public locations and investing in policies and programmes that support all children’s affordable access to, and knowledgeable use of, digital technologies in educational settings, communities and homes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":4,"text":"General comment No. 9 (2006), paras. 37–38."}],"section":["III. General principles","A. Non-discrimination"]},{"id":"crc-c-gc-25-0010","docId":"crc-c-gc-25","idx":10,"n":10,"text":"10. Children may be discriminated against by their being excluded from using digital technologies and services or by receiving hateful communications or unfair treatment through use of those technologies. Other forms of discrimination can arise when automated processes that result in information filtering, profiling or decision-making are based on biased, partial or unfairly obtained data concerning a child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","A. Non-discrimination"]},{"id":"crc-c-gc-25-0011","docId":"crc-c-gc-25","idx":11,"n":11,"text":"11. The Committee calls upon States parties to take proactive measures to prevent discrimination on the basis of sex, disability, socioeconomic background, ethnic or national origin, language or any other grounds, and discrimination against minority and indigenous children, asylum-seeking, refugee and migrant children, lesbian, gay, bisexual, transgender and intersex children, children who are victims and survivors of trafficking or sexual exploitation, children in alternative care, children deprived of liberty and children in other vulnerable situations. Specific measures will be required to close the gender-related digital divide for girls and to ensure that particular attention is given to access, digital literacy, privacy and online safety.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","LGBTI+"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","A. Non-discrimination"]},{"id":"crc-c-gc-25-0012","docId":"crc-c-gc-25","idx":12,"n":12,"text":"12. The best interests of the child is a dynamic concept that requires an assessment appropriate to the specific context.[[fn:5]] The digital environment was not originally designed for children, yet it plays a significant role in children’s lives. States parties should ensure that, in all actions regarding the provision, regulation, design, management and use of the digital environment, the best interests of every child is a primary consideration.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":5,"text":"General comment No. 14 (2013), para. 1."}],"section":["III. General principles","B. Best interests of the child"]},{"id":"crc-c-gc-25-0013","docId":"crc-c-gc-25","idx":13,"n":13,"text":"13. States parties should involve the national and local bodies that oversee the fulfilment of the rights of children in such actions. In considering the best interests of the child, they should have regard for all children’s rights, including their rights to seek, receive and impart information, to be protected from harm and to have their views given due weight, and ensure transparency in the assessment of the best interests of the child and the criteria that have been applied.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","B. Best interests of the child"]},{"id":"crc-c-gc-25-0014","docId":"crc-c-gc-25","idx":14,"n":14,"text":"14. Opportunities provided by the digital environment play an increasingly crucial role in children’s development and may be vital for children’s life and survival, especially in situations of crisis. States parties should take all appropriate measures to protect children from risks to their right to life, survival and development. Risks relating to content, contact, conduct and contract encompass, among other things, violent and sexual content, cyberaggression and harassment, gambling, exploitation and abuse, including sexual exploitation and abuse, and the promotion of or incitement to suicide or life-threatening activities, including by criminals or armed groups designated as terrorist or violent extremist. States parties should identify and address the emerging risks that children face in diverse contexts, including by listening to their views on the nature of the particular risks that they face.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","C. Right to life, survival and development"]},{"id":"crc-c-gc-25-0015","docId":"crc-c-gc-25","idx":15,"n":15,"text":"15. The use of digital devices should not be harmful, nor should it be a substitute for in-person interactions among children or between children and parents or caregivers. States parties should pay specific attention to the effects of technology in the earliest years of life, when brain plasticity is maximal and the social environment, in particular relationships with parents and caregivers, is crucial to shaping children’s cognitive, emotional and social development. In the early years, precautions may be required, depending on the design, purpose and uses of technologies. Training and advice on the appropriate use of digital devices should be given to parents, caregivers, educators and other relevant actors, taking into account the research on the effects of digital technologies on children’s development, especially during the critical neurological growth spurts of early childhood and adolescence.[[fn:6]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":6,"text":"General comment No. 24 (2019), para. 22; and general comment No. 20 (2016), paras. 9–11."}],"section":["III. General principles","C. Right to life, survival and development"]},{"id":"crc-c-gc-25-0016","docId":"crc-c-gc-25","idx":16,"n":16,"text":"16. Children reported that the digital environment afforded them crucial opportunities for their voices to be heard in matters that affected them.[[fn:7]] The use of digital technologies can help to realize children’s participation at the local, national and international levels.[[fn:8]] States parties should promote awareness of, and access to, digital means for children to express their views and offer training and support for children to participate on an equal basis with adults, anonymously where needed, so that they can be effective advocates for their rights, individually and as a group.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":7,"text":"“Our rights in a digital world”, p. 17."},{"n":8,"text":"General comment No. 14 (2013), paras. 89–91."}],"section":["III. General principles","D. Respect for the views of the child"]},{"id":"crc-c-gc-25-0017","docId":"crc-c-gc-25","idx":17,"n":17,"text":"17. When developing legislation, policies, programmes, services and training on children’s rights in relation to the digital environment, States parties should involve all children, listen to their needs and give due weight to their views. They should ensure that digital service providers actively engage with children, applying appropriate safeguards, and give their views due consideration when developing products and services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","D. Respect for the views of the child"]},{"id":"crc-c-gc-25-0018","docId":"crc-c-gc-25","idx":18,"n":18,"text":"18. States parties are encouraged to utilize the digital environment to consult with children on relevant legislative, administrative and other measures and to ensure that their views are considered seriously and that children’s participation does not result in undue monitoring or data collection that violates their right to privacy, freedom of thought and opinion. They should ensure that consultative processes are inclusive of children who lack access to technology or the skills to use it.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","D. Respect for the views of the child"]},{"id":"crc-c-gc-25-0019","docId":"crc-c-gc-25","idx":19,"n":19,"text":"19. States parties should respect the evolving capacities of the child as an enabling principle that addresses the process of their gradual acquisition of competencies, understanding and agency.[[fn:9]] That process has particular significance in the digital environment, where children can engage more independently from supervision by parents and caregivers. The risks and opportunities associated with children’s engagement in the digital environment change depending on their age and stage of development. They should be guided by those considerations whenever they are designing measures to protect children in, or facilitate their access to, that environment. The design of age-appropriate measures should be informed by the best and most up-to-date research available, from a range of disciplines.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":9,"text":"General comment No. 7 (2005), para. 17; and general comment No. 20 (2016), paras. 18 and 20."}],"section":["IV. Evolving capacities"]},{"id":"crc-c-gc-25-0020","docId":"crc-c-gc-25","idx":20,"n":20,"text":"20. States parties should take into account the changing position of children and their agency in the modern world, children’s competence and understanding, which develop unevenly across areas of skill and activity, and the diverse nature of the risks involved. Those considerations must be balanced with the importance of exercising their rights in supported environments and the range of individual experiences and circumstances.[[fn:10]] States parties should ensure that digital service providers offer services that are appropriate for children’s evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":10,"text":"General comment No. 20 (2016), para. 20."}],"section":["IV. Evolving capacities"]},{"id":"crc-c-gc-25-0021","docId":"crc-c-gc-25","idx":21,"n":21,"text":"21. In accordance with States’ duty to render appropriate assistance to parents and caregivers in the performance of their child-rearing responsibilities, States parties should promote awareness among parents and caregivers of the need to respect children’s evolving autonomy, capacities and privacy. They should support parents and caregivers in acquiring digital literacy and awareness of the risks to children in order to help them to assist children in the realization of their rights, including to protection, in relation to the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["IV. Evolving capacities"]},{"id":"crc-c-gc-25-0022","docId":"crc-c-gc-25","idx":22,"n":22,"text":"22. Opportunities for the realization of children’s rights and their protection in the digital environment require a broad range of legislative, administrative and other measures, including precautionary ones.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties"]},{"id":"crc-c-gc-25-0023","docId":"crc-c-gc-25","idx":23,"n":23,"text":"23. States parties should review, adopt and update national legislation in line with international human rights standards, to ensure that the digital environment is compatible with the rights set out in the Convention and the Optional Protocols thereto. Legislation should remain relevant, in the context of technological advances and emerging practices. They should mandate the use of child rights impact assessments to embed children’s rights into legislation, budgetary allocations and other administrative decisions relating to the digital environment and promote their use among public bodies and businesses relating to the digital environment.[[fn:11]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":11,"text":"General comment No. 5 (2003), para. 45; general comment No. 14 (2013), para. 99; and general comment No. 16 (2013), paras. 78–81."}],"section":["V. General measures of implementation by States parties","A. Legislation"]},{"id":"crc-c-gc-25-0024","docId":"crc-c-gc-25","idx":24,"n":24,"text":"24. States parties should ensure that national policies relating to children’s rights specifically address the digital environment, and they should implement regulation, industry codes, design standards and action plans accordingly, all of which should be regularly evaluated and updated. Such national policies should be aimed at providing children with the opportunity to benefit from engaging with the digital environment and ensuring their safe access to it.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","B. Comprehensive policy and strategy"]},{"id":"crc-c-gc-25-0025","docId":"crc-c-gc-25","idx":25,"n":25,"text":"25. Children’s online protection should be integrated within national child protection policies. States parties should implement measures that protect children from risks, including cyberaggression and digital technology-facilitated and online child sexual exploitation and abuse, ensure the investigation of such crimes and provide remedy and support for children who are victims. They should also address the needs of children in disadvantaged or vulnerable situations, including by providing child-friendly information that is, when necessary, translated into relevant minority languages.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","B. Comprehensive policy and strategy"]},{"id":"crc-c-gc-25-0026","docId":"crc-c-gc-25","idx":26,"n":26,"text":"26. States parties should ensure the operation of effective child protection mechanisms online and safeguarding policies, while also respecting children’s other rights, in all settings where children access the digital environment, which includes the home, educational settings, cybercafés, youth centres, libraries and health and alternative care settings.","labels":["Children","Adolescents","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","B. Comprehensive policy and strategy"]},{"id":"crc-c-gc-25-0027","docId":"crc-c-gc-25","idx":27,"n":27,"text":"27. To encompass the cross-cutting consequences of the digital environment for children’s rights, States parties should identify a government body that is mandated to coordinate policies, guidelines and programmes relating to children’s rights among central government departments and the various levels of government.[[fn:12]] Such a national coordination mechanism should engage with schools and the information and communications technology sector and cooperate with businesses, civil society, academia and organizations to realize children’s rights in relation to the digital environment at the cross-sectoral, national, regional and local levels.[[fn:13]] It should draw on technological and other relevant expertise within and beyond government, as needed, and be independently evaluated for its effectiveness in meeting its obligations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":12,"text":"General comment No. 5 (2003), para. 37."},{"n":13,"text":"Ibid., paras. 27 and 39."}],"section":["V. General measures of implementation by States parties","C. Coordination"]},{"id":"crc-c-gc-25-0028","docId":"crc-c-gc-25","idx":28,"n":28,"text":"28. States parties should mobilize, allocate and utilize public resources to implement legislation, policies and programmes to fully realize children’s rights in the digital environment and to improve digital inclusion, which is needed to address the increasing impact of the digital environment on children’s lives and to promote the equality of access to, and affordability of, services and connectivity.[[fn:14]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":14,"text":"General comment No. 19 (2016), para. 21."}],"section":["V. General measures of implementation by States parties","D. Allocation of resources"]},{"id":"crc-c-gc-25-0029","docId":"crc-c-gc-25","idx":29,"n":29,"text":"29. Where resources are contributed from the business sector or obtained through international cooperation, States parties should ensure that their own mandate, revenue mobilization, budget allocations and expenditure are not interfered with or undermined by third parties.[[fn:15]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":15,"text":"Ibid., para. 27 (b)."}],"section":["V. General measures of implementation by States parties","D. Allocation of resources"]},{"id":"crc-c-gc-25-0030","docId":"crc-c-gc-25","idx":30,"n":30,"text":"30. Regularly updated data and research are crucial to understanding the implications of the digital environment for children’s lives, evaluating its impact on their rights and assessing the effectiveness of State interventions. States parties should ensure the collection of robust, comprehensive data that is adequately resourced and that data are disaggregated by age, sex, disability, geographical location, ethnic and national origin and socioeconomic background. Such data and research, including research conducted with and by children, should inform legislation, policy and practice and should be available in the public domain.[[fn:16]] Data collection and research relating to children’s digital lives must respect their privacy and meet the highest ethical standards.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":16,"text":"General comment No. 5 (2003), paras. 48 and 50."}],"section":["V. General measures of implementation by States parties","E. Data collection and research"]},{"id":"crc-c-gc-25-0031","docId":"crc-c-gc-25","idx":31,"n":31,"text":"31. States parties should ensure that the mandates of national human rights institutions and other appropriate independent institutions cover children’s rights in the digital environment and that they are able to receive, investigate and address complaints from children and their representatives.[[fn:17]] Where independent oversight bodies exist to monitor activities in relation to the digital environment, national human rights institutions should work closely with such bodies on effectively discharging their mandate regarding children’s rights.[[fn:18]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":17,"text":"General comment No. 2 (2002), paras. 2 and 7."},{"n":18,"text":"Ibid., para. 7."}],"section":["V. General measures of implementation by States parties","F. Independent monitoring"]},{"id":"crc-c-gc-25-0032","docId":"crc-c-gc-25","idx":32,"n":32,"text":"32. States parties should disseminate information and conduct awareness-raising campaigns on the rights of the child in the digital environment, focusing in particular on those whose actions have a direct or indirect impact on children. They should facilitate educational programmes for children, parents and caregivers, the general public and policymakers to enhance their knowledge of children’s rights in relation to the opportunities and risks associated with digital products and services. Such programmes should include information on how children can benefit from digital products and services and develop their digital literacy and skills, how to protect children’s privacy and prevent victimization and how to recognize a child who is a victim of harm perpetrated online or offline and respond appropriately. Such programmes should be informed by research and consultations with children, parents and caregivers.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","G. Dissemination of information, awareness-raising and training"]},{"id":"crc-c-gc-25-0033","docId":"crc-c-gc-25","idx":33,"n":33,"text":"33. Professionals working for and with children and the business sector, including the technology industry, should receive training that includes how the digital environment affects the rights of the child in multiple contexts, the ways in which children exercise their rights in the digital environment and how they access and use technologies. They should also receive training on the application of international human rights standards to the digital environment. States parties should ensure that pre-service and in-service training relating to the digital environment is provided for professionals working at all levels of education, to support the development of their knowledge, skills and practice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","G. Dissemination of information, awareness-raising and training"]},{"id":"crc-c-gc-25-0034","docId":"crc-c-gc-25","idx":34,"n":34,"text":"34. States parties should systematically involve civil society, including child-led groups and non-governmental organizations working in the field of children’s rights and those concerned with the digital environment, in the development, implementation, monitoring and evaluation of laws, policies, plans and programmes relating to children’s rights. They should also ensure that civil society organizations are able to implement their activities relating to the promotion and protection of children’s rights in relation to the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","H. Cooperation with civil society"]},{"id":"crc-c-gc-25-0035","docId":"crc-c-gc-25","idx":35,"n":35,"text":"35. The business sector, including not-for-profit organizations, affects children’s rights directly and indirectly in the provision of services and products relating to the digital environment. Businesses should respect children’s rights and prevent and remedy abuse of their rights in relation to the digital environment. States parties have the obligation to ensure that businesses meet those responsibilities.[[fn:19]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":19,"text":"General comment No. 16 (2013), paras. 28, 42 and 82."}],"section":["I. Children’s rights and the business sector"]},{"id":"crc-c-gc-25-0036","docId":"crc-c-gc-25","idx":36,"n":36,"text":"36. States parties should take measures, including through the development, monitoring, implementation and evaluation of legislation, regulations and policies, to ensure compliance by businesses with their obligations to prevent their networks or online services from being used in ways that cause or contribute to violations or abuses of children’s rights, including their rights to privacy and protection, and to provide children, parents and caregivers with prompt and effective remedies. They should also encourage businesses to provide public information and accessible and timely advice to support children’s safe and beneficial digital activities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector"]},{"id":"crc-c-gc-25-0037","docId":"crc-c-gc-25","idx":37,"n":37,"text":"37. States parties have a duty to protect children from infringements of their rights by business enterprises, including the right to be protected from all forms of violence in the digital environment. Although businesses may not be directly involved in perpetrating harmful acts, they can cause or contribute to violations of children’s right to freedom from violence, including through the design and operation of digital services. States parties should put in place, monitor and enforce laws and regulations aimed at preventing violations of the right to protection from violence, as well as those aimed at investigating, adjudicating on and redressing violations as they occur in relation to the digital environment.[[fn:20]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":20,"text":"Ibid., para. 60."}],"section":["I. Children’s rights and the business sector"]},{"id":"crc-c-gc-25-0038","docId":"crc-c-gc-25","idx":38,"n":38,"text":"38. States parties should require the business sector to undertake child rights due diligence, in particular to carry out child rights impact assessments and disclose them to the public, with special consideration given to the differentiated and, at times, severe impacts of the digital environment on children.[[fn:21]] They should take appropriate steps to prevent, monitor, investigate and punish child rights abuses by businesses.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":21,"text":"Ibid., paras. 50 and 62–65."}],"section":["I. Children’s rights and the business sector"]},{"id":"crc-c-gc-25-0039","docId":"crc-c-gc-25","idx":39,"n":39,"text":"39. In addition to developing legislation and policies, States parties should require all businesses that affect children’s rights in relation to the digital environment to implement regulatory frameworks, industry codes and terms of services that adhere to the highest standards of ethics, privacy and safety in relation to the design, engineering, development, operation, distribution and marketing of their products and services. That includes businesses that target children, have children as end users or otherwise affect children. They should require such businesses to maintain high standards of transparency and accountability and encourage them to take measures to innovate in the best interests of the child. They should also require the provision of age-appropriate explanations to children, or to parents and caregivers for very young children, of their terms of service.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector"]},{"id":"crc-c-gc-25-0040","docId":"crc-c-gc-25","idx":40,"n":40,"text":"40. The digital environment includes businesses that rely financially on processing personal data to target revenue-generating or paid-for content, and such processes intentionally and unintentionally affect the digital experiences of children. Many of those processes involve multiple commercial partners, creating a supply chain of commercial activity and the processing of personal data that may result in violations or abuses of children’s rights, including through advertising design features that anticipate and guide a child’s actions towards more extreme content, automated notifications that can interrupt sleep or the use of a child’s personal information or location to target potentially harmful commercially driven content.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","J. Commercial advertising and marketing"]},{"id":"crc-c-gc-25-0041","docId":"crc-c-gc-25","idx":41,"n":41,"text":"41. States parties should make the best interests of the child a primary consideration when regulating advertising and marketing addressed to and accessible to children. Sponsorship, product placement and all other forms of commercially driven content should be clearly distinguished from all other content and should not perpetuate gender or racial stereotypes.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","J. Commercial advertising and marketing"]},{"id":"crc-c-gc-25-0042","docId":"crc-c-gc-25","idx":42,"n":42,"text":"42. States parties should prohibit by law the profiling or targeting of children of any age for commercial purposes on the basis of a digital record of their actual or inferred characteristics, including group or collective data, targeting by association or affinity profiling. Practices that rely on neuromarketing, emotional analytics, immersive advertising and advertising in virtual and augmented reality environments to promote products, applications and services should also be prohibited from engagement directly or indirectly with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","J. Commercial advertising and marketing"]},{"id":"crc-c-gc-25-0043","docId":"crc-c-gc-25","idx":43,"n":43,"text":"43. Children face particular challenges in access to justice relating to the digital environment for a range of reasons. Such challenges arise because of the lack of legislation placing sanctions on children’s rights violations specifically in relation to the digital environment, the difficulties in obtaining evidence or identifying perpetrators or because children and their parents or caregivers lack knowledge of their rights or of what constitutes a violation or abuse of their rights in the digital environment, among other factors. Further challenges may arise if children are required to disclose sensitive or private online activities or from their fear of reprisals by peers or of social exclusion.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0044","docId":"crc-c-gc-25","idx":44,"n":44,"text":"44. States parties should ensure that appropriate and effective remedial judicial and non-judicial mechanisms for the violations of children’s rights relating to the digital environment are widely known and readily available to all children and their representatives. Complaint and reporting mechanisms should be free of charge, safe, confidential, responsive, child-friendly and available in accessible formats. States parties should also provide for collective complaints, including class action and public interest litigation, and for legal or other appropriate assistance, including through specialized services, to children whose rights have been violated in or through the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0045","docId":"crc-c-gc-25","idx":45,"n":45,"text":"45. States parties should establish, coordinate and regularly monitor and evaluate frameworks for the referral of such cases and the provision of effective support to children who are victims.[[fn:22]] Frameworks should include measures for the identification of, therapy and follow-up care for, and the social reintegration of, children who are victims. Training on the identification of children who are victims should be included in referral mechanisms, including for digital service providers. Measures within such a framework should be multi-agency and child-friendly, to prevent a child’s revictimization and secondary victimization in the context of investigative and judicial processes. That may require specialized protections for confidentiality and to redress harms associated with the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":22,"text":"General comment No. 21 (2017), para. 22. See also General Assembly resolution 60/147, annex."}],"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0046","docId":"crc-c-gc-25","idx":46,"n":46,"text":"46. Appropriate reparation includes restitution, compensation and satisfaction and may require apology, correction, removal of unlawful content, access to psychological recovery services or other measures.[[fn:23]] In relation to violations in the digital environment, remedial mechanisms should take into account the vulnerability of children and the need to be swift to halt ongoing and future damage. States parties should guarantee the non-recurrence of violations, including by the reform of relevant laws and policies and their effective implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":23,"text":"General comment No. 5 (2003), para. 24."}],"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0047","docId":"crc-c-gc-25","idx":47,"n":47,"text":"47. Digital technologies bring additional complexity to the investigation and prosecution of crimes against children, which may cross national borders. States parties should address the ways in which uses of digital technologies may facilitate or impede the investigation and prosecution of crimes against children and take all available preventative, enforcement and remedial measures, including in cooperation with international partners. They should provide specialized training for law enforcement officials, prosecutors and judges regarding child rights violations specifically associated with the digital environment, including through international cooperation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0048","docId":"crc-c-gc-25","idx":48,"n":48,"text":"48. Children may face particular difficulties in obtaining remedy when their rights have been abused in the digital environment by business enterprises, in particular in the context of their global operations.[[fn:24]] States parties should consider measures to respect, protect and fulfil children’s rights in the context of businesses’ extraterritorial activities and operations, provided that there is a reasonable link between the State and the conduct concerned. They should ensure that businesses provide effective complaint mechanisms; such mechanisms should not, however, prevent children from gaining access to State-based remedies. They should also ensure that agencies with oversight powers relevant to children’s rights, such as those relating to health and safety, data protection and consumer rights, education and advertising and marketing, investigate complaints and provide adequate remedies for violations or abuses of children’s rights in the digital environment.[[fn:25]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":24,"text":"General comment No. 16 (2013), paras. 66–67."},{"n":25,"text":"Ibid., paras. 30 and 43."}],"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0049","docId":"crc-c-gc-25","idx":49,"n":49,"text":"49. States parties should provide children with child-sensitive and age-appropriate information in child-friendly language on their rights and on the reporting and complaint mechanisms, services and remedies available to them in cases where their rights in relation to the digital environment are violated or abused. Such information should also be provided to parents, caregivers and professionals working with and for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0050","docId":"crc-c-gc-25","idx":50,"n":50,"text":"50. The digital environment provides a unique opportunity for children to realize the right to access to information. In that regard, information and communications media, including digital and online content, perform an important function.[[fn:26]] States parties should ensure that children have access to information in the digital environment and that the exercise of that right is restricted only when it is provided by law and is necessary for the purposes stipulated in article 13 of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":26,"text":"General comment No. 7 (2005), para. 35; and general comment No. 20 (2016), para. 47."}],"section":["VI. Civil rights and freedoms","A. Access to information"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"}]},{"id":"crc-c-gc-25-0051","docId":"crc-c-gc-25","idx":51,"n":51,"text":"51. States parties should provide and support the creation of age-appropriate and empowering digital content for children in accordance with children’s evolving capacities and ensure that children have access to a wide diversity of information, including information held by public bodies, about culture, sports, the arts, health, civil and political affairs and children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0052","docId":"crc-c-gc-25","idx":52,"n":52,"text":"52. States parties should encourage the production and dissemination of such content using multiple formats and from a plurality of national and international sources, including news media, broadcasters, museums, libraries and educational, scientific and cultural organizations. They should particularly endeavour to enhance the provision of diverse, accessible and beneficial content for children with disabilities and children belonging to ethnic, linguistic, indigenous and other minority groups. The ability to access relevant information, in the languages that children understand, can have a significant positive impact on equality.[[fn:27]]","labels":["Indigenous peoples","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":27,"text":"General comment No. 17 (2013), para. 46; and general comment No. 20 (2016), paras. 47–48."}],"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0053","docId":"crc-c-gc-25","idx":53,"n":53,"text":"53. States parties should ensure that all children are informed about, and can easily find, diverse and good quality information online, including content independent of commercial or political interests. They should ensure that automated search and information filtering, including recommendation systems, do not prioritize paid content with a commercial or political motivation over children’s choices or at the cost of children’s right to information.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0054","docId":"crc-c-gc-25","idx":54,"n":54,"text":"54. The digital environment can include gender-stereotyped, discriminatory, racist, violent, pornographic and exploitative information, as well as false narratives, misinformation and disinformation and information encouraging children to engage in unlawful or harmful activities. Such information may come from multiple sources, including other users, commercial content creators, sexual offenders or armed groups designated as terrorist or violent extremist. States parties should protect children from harmful and untrustworthy content and ensure that relevant businesses and other providers of digital content develop and implement guidelines to enable children to safely access diverse content, recognizing children’s rights to information and freedom of expression, while protecting them from such harmful material in accordance with their rights and evolving capacities.[[fn:28]] Any restrictions on the operation of any Internet-based, electronic or other information dissemination systems should be in line with article 13 of the Convention.[[fn:29]] States parties should not intentionally obstruct or enable other actors to obstruct the supply of electricity, cellular networks or Internet connectivity in any geographical area, whether in part or as a whole, which can have the effect of hindering a child’s access to information and communication.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":28,"text":"General comment No. 16 (2013), para. 58; and general comment No. 7 (2005), para. 35."},{"n":29,"text":"Human Rights Committee, general comment No. 34 (2011), para. 43."}],"section":["VI. Civil rights and freedoms","A. Access to information"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"}]},{"id":"crc-c-gc-25-0055","docId":"crc-c-gc-25","idx":55,"n":55,"text":"55. States parties should encourage providers of digital services used by children to apply concise and intelligible content labelling, for example on the age-appropriateness or trustworthiness of content. They should also encourage the provision of accessible guidance, training, educational materials and reporting mechanisms for children, parents and caregivers, educators and relevant professional groups.[[fn:30]] Age-based or content-based systems designed to protect children from age-inappropriate content should be consistent with the principle of data minimization.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":30,"text":"General comment No. 16 (2013), paras. 19 and 59."}],"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0056","docId":"crc-c-gc-25","idx":56,"n":56,"text":"56. States parties should ensure that digital service providers comply with relevant guidelines, standards and codes[[fn:31]] and enforce lawful, necessary and proportionate content moderation rules. Content controls, school filtering systems and other safety-oriented technologies should not be used to restrict children’s access to information in the digital environment; they should be used only to prevent the flow of harmful material to children. Content moderation and content controls should be balanced with the right to protection against violations of children’s other rights, notably their rights to freedom of expression and privacy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":31,"text":"Ibid., paras. 58 and 61."}],"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0057","docId":"crc-c-gc-25","idx":57,"n":57,"text":"57. Professional codes of conduct set by news media and other relevant organizations should include guidance on how to report digital risks and opportunities relating to children. Such guidance should result in evidence-based reporting that does not reveal the identity of children who are victims and survivors and that is in accordance with international human rights standards.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0058","docId":"crc-c-gc-25","idx":58,"n":58,"text":"58. Children’s right to freedom of expression includes the freedom to seek, receive and impart information and ideas of all kinds, using any media of their choice. Children reported[[fn:32]] that the digital environment offered significant scope to express their ideas, opinions and political views. For children in disadvantaged or vulnerable situations, technology-facilitated interaction with others who share their experiences can help them to express themselves.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":32,"text":"“Our rights in a digital world”, p. 16."}],"section":["VI. Civil rights and freedoms","B. Freedom of expression"]},{"id":"crc-c-gc-25-0059","docId":"crc-c-gc-25","idx":59,"n":59,"text":"59. Any restrictions on children’s right to freedom of expression in the digital environment, such as filters, including safety measures, should be lawful, necessary and proportionate. The rationale for such restrictions should be transparent and communicated to children in age-appropriate language. States parties should provide children with information and training opportunities on how to effectively exercise that right, in particular how to create and share digital content safely, while respecting the rights and dignity of others and not violating legislation, such as that relating to incitement to hatred and violence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","B. Freedom of expression"]},{"id":"crc-c-gc-25-0060","docId":"crc-c-gc-25","idx":60,"n":60,"text":"60. When children express their political or other views and identities in the digital environment, they may attract criticism, hostility, threats or punishment. States parties should protect children from cyberaggression and threats, censorship, data breaches and digital surveillance. Children should not be prosecuted for expressing their opinions in the digital environment, unless they violate restrictions provided by criminal legislation which are compatible with article 13 of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","B. Freedom of expression"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"}]},{"id":"crc-c-gc-25-0061","docId":"crc-c-gc-25","idx":61,"n":61,"text":"61. Given the existence of commercial and political motivations to promote particular world views, States parties should ensure that uses of automated processes of information filtering, profiling, marketing and decision-making do not supplant, manipulate or interfere with children’s ability to form and express their opinions in the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","B. Freedom of expression"]},{"id":"crc-c-gc-25-0062","docId":"crc-c-gc-25","idx":62,"n":62,"text":"62. States parties should respect the right of the child to freedom of thought, conscience and religion in the digital environment. The Committee encourages States parties to introduce or update data protection regulation and design standards that identify, define and prohibit practices that manipulate or interfere with children’s right to freedom of thought and belief in the digital environment, for example by emotional analytics or inference. Automated systems may be used to make inferences about a child’s inner state. They should ensure that automated systems or information filtering systems are not used to affect or influence children’s behaviour or emotions or to limit their opportunities or development.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","C. Freedom of thought, conscience and religion"]},{"id":"crc-c-gc-25-0063","docId":"crc-c-gc-25","idx":63,"n":63,"text":"63. States parties should ensure that children are not penalized for their religion or beliefs or have their future opportunities in any other way restricted. The exercise of children’s right to manifest their religion or beliefs in the digital environment may be subject only to limitations that are lawful, necessary and proportionate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","C. Freedom of thought, conscience and religion"]},{"id":"crc-c-gc-25-0064","docId":"crc-c-gc-25","idx":64,"n":64,"text":"64. The digital environment can enable children to form their social, religious, cultural, ethnic, sexual and political identities and to participate in associated communities and in public spaces for deliberation, cultural exchange, social cohesion and diversity.[[fn:33]] Children reported that the digital environment provided them with valued opportunities to meet, exchange and deliberate with peers, decision makers and others who shared their interests.[[fn:34]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":33,"text":"General comment No. 17 (2013), para. 21; and general comment No. 20 (2016), paras. 44–45."},{"n":34,"text":"“Our rights in a digital world”, p. 20."}],"section":["VI. Civil rights and freedoms","D. Freedom of association and peaceful assembly"]},{"id":"crc-c-gc-25-0065","docId":"crc-c-gc-25","idx":65,"n":65,"text":"65. States parties should ensure that their laws, regulations and policies protect children’s right to participate in organizations that operate partially or exclusively in the digital environment. No restrictions may be placed on the exercise by children of their right to freedom of association and peaceful assembly in the digital environment other than those that are lawful, necessary and proportionate.[[fn:35]] Such participation should not in and of itself result in negative consequences to those children, such as exclusion from a school, restriction or deprivation of future opportunities or creation of a police profile. Such participation should be safe, private and free from surveillance by public or private entities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":35,"text":"Human Rights Committee, general comment No. 37 (2020), paras. 6 and 34."}],"section":["VI. Civil rights and freedoms","D. Freedom of association and peaceful assembly"]},{"id":"crc-c-gc-25-0066","docId":"crc-c-gc-25","idx":66,"n":66,"text":"66. Public visibility and networking opportunities in the digital environment can also support child-led activism and can empower children as advocates for human rights. The Committee recognizes that the digital environment enables children, including children human rights defenders, as well as children in vulnerable situations, to communicate with each other, advocate for their rights and form associations. States parties should support them, including by facilitating the creation of specific digital spaces, and ensure their safety.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","D. Freedom of association and peaceful assembly"]},{"id":"crc-c-gc-25-0067","docId":"crc-c-gc-25","idx":67,"n":67,"text":"67. Privacy is vital to children’s agency, dignity and safety and for the exercise of their rights. Children’s personal data are processed to offer educational, health and other benefits to them. Threats to children’s privacy may arise from data collection and processing by public institutions, businesses and other organizations, as well as from such criminal activities as identity theft. Threats may also arise from children’s own activities and from the activities of family members, peers or others, for example, by parents sharing photographs online or a stranger sharing information about a child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0068","docId":"crc-c-gc-25","idx":68,"n":68,"text":"68. Data may include information about, inter alia, children’s identities, activities, location, communication, emotions, health and relationships. Certain combinations of personal data, including biometric data, can uniquely identify a child. Digital practices, such as automated data processing, profiling, behavioural targeting, mandatory identity verification, information filtering and mass surveillance are becoming routine. Such practices may lead to arbitrary or unlawful interference with children’s right to privacy; they may have adverse consequences on children, which can continue to affect them at later stages of their lives.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0069","docId":"crc-c-gc-25","idx":69,"n":69,"text":"69. Interference with a child’s privacy is only permissible if it is neither arbitrary nor unlawful. Any such interference should therefore be provided for by law, intended to serve a legitimate purpose, uphold the principle of data minimization, be proportionate and designed to observe the best interests of the child and must not conflict with the provisions, aims or objectives of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0070","docId":"crc-c-gc-25","idx":70,"n":70,"text":"70. States parties should take legislative, administrative and other measures to ensure that children’s privacy is respected and protected by all organizations and in all environments that process their data. Legislation should include strong safeguards, transparency, independent oversight and access to remedy. States parties should require the integration of privacy-by-design into digital products and services that affect children. They should regularly review privacy and data protection legislation and ensure that procedures and practices prevent deliberate infringements or accidental breaches of children’s privacy. Where encryption is considered an appropriate means, States parties should consider appropriate measures enabling the detection and reporting of child sexual exploitation and abuse or child sexual abuse material. Such measures must be strictly limited according to the principles of legality, necessity and proportionality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0071","docId":"crc-c-gc-25","idx":71,"n":71,"text":"71. Where consent is sought to process a child’s data, States parties should ensure that consent is informed and freely given by the child or, depending on the child’s age and evolving capacity, by the parent or caregiver, and obtained prior to processing those data. Where a child’s own consent is considered insufficient and parental consent is required to process a child’s personal data, States parties should require that organizations processing such data verify that consent is informed, meaningful and given by the child’s parent or caregiver.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0072","docId":"crc-c-gc-25","idx":72,"n":72,"text":"72. States parties should ensure that children and their parents or caregivers can easily access stored data, rectify data that are inaccurate or outdated and delete data unlawfully or unnecessarily stored by public authorities, private individuals or other bodies, subject to reasonable and lawful limitations.[[fn:36]] They should further ensure the right of children to withdraw their consent and object to personal data processing where the data controller does not demonstrate legitimate, overriding grounds for the processing. They should also provide information to children, parents and caregivers on such matters, in child-friendly language and accessible formats.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":36,"text":"Human Rights Committee, general comment No. 16 (1988), para. 10."}],"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0073","docId":"crc-c-gc-25","idx":73,"n":73,"text":"73. Children’s personal data should be accessible only to the authorities, organizations and individuals designated under the law to process them in compliance with such due process guarantees as regular audits and accountability measures.[[fn:37]] Children’s data gathered for defined purposes, in any setting, including digitized criminal records, should be protected and exclusive to those purposes and should not be retained unlawfully or unnecessarily or used for other purposes. Where information is provided in one setting and could legitimately benefit the child through its use in another setting, for example, in the context of schooling and tertiary education, the use of such data should be transparent, accountable and subject to the consent of the child, parent or caregiver, as appropriate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":37,"text":"Ibid.; and Committee on the Rights of the Child, general comment No. 20 (2016), para. 46."}],"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0074","docId":"crc-c-gc-25","idx":74,"n":74,"text":"74. Privacy and data protection legislation and measures should not arbitrarily limit children’s other rights, such as their right to freedom of expression or protection. States parties should ensure that data protection legislation respects children’s privacy and personal data in relation to the digital environment. Through continual technological innovation, the scope of the digital environment is expanding to include ever more services and products, such as clothes and toys. As settings where children spend time become “connected”, through the use of embedded sensors connected to automated systems, States parties should ensure that the products and services that contribute to such environments are subject to robust data protection and other privacy regulations and standards. That includes public settings, such as streets, schools, libraries, sports and entertainment venues and business premises, including shops and cinemas, and the home.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0075","docId":"crc-c-gc-25","idx":75,"n":75,"text":"75. Any digital surveillance of children, together with any associated automated processing of personal data, should respect the child’s right to privacy and should not be conducted routinely, indiscriminately or without the child’s knowledge or, in the case of very young children, that of their parent or caregiver; nor should it take place without the right to object to such surveillance, in commercial settings and educational and care settings, and consideration should always be given to the least privacy-intrusive means available to fulfil the desired purpose.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0076","docId":"crc-c-gc-25","idx":76,"n":76,"text":"76. The digital environment presents particular problems for parents and caregivers in respecting children’s right to privacy. Technologies that monitor online activities for safety purposes, such as tracking devices and services, if not implemented carefully, may prevent a child from accessing a helpline or searching for sensitive information. States parties should advise children, parents and caregivers and the public on the importance of the child’s right to privacy and on how their own practices may threaten that right. They should also be advised about the practices through which they can respect and protect children’s privacy in relation to the digital environment, while keeping them safe. Parents’ and caregivers’ monitoring of a child’s digital activity should be proportionate and in accordance with the child’s evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0077","docId":"crc-c-gc-25","idx":77,"n":77,"text":"77. Many children use online avatars or pseudonyms that protect their identity, and such practices can be important in protecting children’s privacy. States parties should require an approach integrating safety-by-design and privacy-by-design to anonymity, while ensuring that anonymous practices are not routinely used to hide harmful or illegal behaviour, such as cyberaggression, hate speech or sexual exploitation and abuse. Protecting a child’s privacy in the digital environment may be vital in circumstances where parents or caregivers themselves pose a threat to the child’s safety or where they are in conflict over the child’s care. Such cases may require further intervention, as well as family counselling or other services, to safeguard the child’s right to privacy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0078","docId":"crc-c-gc-25","idx":78,"n":78,"text":"78. Providers of preventive or counselling services to children in the digital environment should be exempt from any requirement for a child user to obtain parental consent in order to access such services.[[fn:38]] Such services should be held to high standards of privacy and child protection.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":38,"text":"General comment No. 20 (2016), para. 60."}],"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0079","docId":"crc-c-gc-25","idx":79,"n":79,"text":"79. States parties should promote the use of digital identification systems that enable all newborn children to have their birth registered and officially recognized by the national authorities, in order to facilitate access to services, including health, education and welfare. Lack of birth registration facilitates the violation of children’s rights under the Convention and the Optional Protocols thereto. States parties should use up-to-date technology, including mobile registration units, to ensure access to birth registration, especially for children in remote areas, refugee and migrant children, children at risk and those in marginalized situations, and include children born prior to the introduction of digital identification systems. For such systems to benefit children, they should conduct awareness-raising campaigns, establish monitoring mechanisms, promote community engagement and ensure effective coordination between different actors, including civil status officers, judges, notaries, health officials and child protection agency personnel. They should also ensure that a robust privacy and data protection framework is in place.","labels":["Refugees & asylum-seekers","Migrants","Children","Persons living in rural/remote areas","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","F. Birth registration and right to identity"]},{"id":"crc-c-gc-25-0080","docId":"crc-c-gc-25","idx":80,"n":80,"text":"80. The digital environment may open up new ways to perpetrate violence against children, by facilitating situations in which children experience violence and/or may be influenced to do harm to themselves or others. Crises, such as pandemics, may lead to an increased risk of harm online, given that children spend more time on virtual platforms in those circumstances.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VII. Violence against children"]},{"id":"crc-c-gc-25-0081","docId":"crc-c-gc-25","idx":81,"n":81,"text":"81. Sexual offenders may use digital technologies to solicit children for sexual purposes and to participate in online child sexual abuse, for example, by the live video streaming, production and distribution of child sexual abuse material and through sexual extortion. Forms of digitally facilitated violence and sexual exploitation and abuse may also be perpetrated within a child’s circle of trust, by family or friends or, for adolescents, by intimate partners, and may include cyberaggression, including bullying and threats to reputation, the non-consensual creation or sharing of sexualized text or images, such as self-generated content by solicitation and/or coercion, and the promotion of self-harming behaviours, such as cutting, suicidal behaviour or eating disorders. Where children have carried out such actions, States parties should pursue preventive, safeguarding and restorative justice approaches for the children involved whenever possible.[[fn:39]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":39,"text":"General comment No. 24 (2019), para. 101; and CRC/C/156, para. 71."}],"section":["VII. Violence against children"]},{"id":"crc-c-gc-25-0082","docId":"crc-c-gc-25","idx":82,"n":82,"text":"82. States parties should take legislative and administrative measures to protect children from violence in the digital environment, including the regular review, updating and enforcement of robust legislative, regulatory and institutional frameworks that protect children from recognized and emerging risks of all forms of violence in the digital environment. Such risks include physical or mental violence, injury or abuse, neglect or maltreatment, exploitation and abuse, including sexual exploitation and abuse, child trafficking, gender-based violence, cyberaggression, cyberattacks and information warfare. States parties should implement safety and protective measures in accordance with children’s evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VII. Violence against children"]},{"id":"crc-c-gc-25-0083","docId":"crc-c-gc-25","idx":83,"n":83,"text":"83. The digital environment can open up new ways for non-State groups, including armed groups designated as terrorist or violent extremist, to recruit and exploit children to engage with or participate in violence. States parties should ensure that legislation prohibits the recruitment of children by terrorist or violent extremist groups. Children accused of criminal offences in that context should be treated primarily as victims but, if charged, the child justice system should apply.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VII. Violence against children"]},{"id":"crc-c-gc-25-0084","docId":"crc-c-gc-25","idx":84,"n":84,"text":"84. Many parents and caregivers require support to develop the technological understanding, capacity and skills necessary to assist children in relation to the digital environment. States parties should ensure that parents and caregivers have opportunities to gain digital literacy, to learn how technology can support the rights of children and to recognize a child who is a victim of online harm and respond appropriately. Special attention should be paid to the parents and caregivers of children in disadvantaged or vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VIII. Family environment and alternative care"]},{"id":"crc-c-gc-25-0085","docId":"crc-c-gc-25","idx":85,"n":85,"text":"85. In supporting and guiding parents and caregivers regarding the digital environment, States parties should promote their awareness to respect children’s growing autonomy and need for privacy, in accordance with their evolving capacities. States parties should take into account that children often embrace and experiment with digital opportunities and may encounter risks, including at a younger age than parents and caregivers may anticipate. Some children reported wanting more support and encouragement in their digital activities, especially where they perceived parents’ and caregivers’ approach to be punitive, overly restrictive or not adjusted to their evolving capacities.[[fn:40]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":40,"text":"“Our rights in a digital world”, p. 30."}],"section":["VIII. Family environment and alternative care"]},{"id":"crc-c-gc-25-0086","docId":"crc-c-gc-25","idx":86,"n":86,"text":"86. States parties should take into account that support and guidance provided to parents and caregivers should be based on an understanding of the specificity and uniqueness of parent-child relations. Such guidance should support parents in sustaining an appropriate balance between the child’s protection and emerging autonomy, based on mutual empathy and respect, over prohibition or control. To help parents and caregivers to maintain a balance between parental responsibilities and children’s rights, the best interests of the child, applied together with consideration of the child’s evolving capacities, should be the guiding principles. Guidance to parents and caregivers should encourage children’s social, creative and learning activities in the digital environment and emphasize that the use of digital technologies should not replace direct, responsive interactions among children themselves or between children and parents or caregivers.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VIII. Family environment and alternative care"]},{"id":"crc-c-gc-25-0087","docId":"crc-c-gc-25","idx":87,"n":87,"text":"87. It is important that children separated from their families have access to digital technologies.[[fn:41]] Evidence has shown that digital technologies are beneficial in maintaining family relationships, for example, in cases of parental separation, when children are placed in alternative care, for the purposes of establishing relations between children and prospective adoptive or foster parents and in reuniting children in humanitarian crisis situations with their families. Therefore, in the context of separated families, States parties should support access to digital services for children and their parents, caregivers or other relevant persons, taking into consideration the safety and best interests of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":41,"text":"General comment No. 21 (2017), para. 35."}],"section":["VIII. Family environment and alternative care"]},{"id":"crc-c-gc-25-0088","docId":"crc-c-gc-25","idx":88,"n":88,"text":"88. Measures taken to enhance digital inclusion should be balanced with the need to protect children in cases where parents or other family members or caregivers, whether physically present or distant, may place them at risk. States parties should consider that such risks may be enabled through the design and use of digital technologies, for example, by revealing the location of a child to a potential abuser. In recognition of those risks, They should require an approach integrating safety-by-design and privacy-by-design and ensure that parents and caregivers are fully aware of the risks and available strategies to support and protect children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VIII. Family environment and alternative care"]},{"id":"crc-c-gc-25-0089","docId":"crc-c-gc-25","idx":89,"n":89,"text":"89. The digital environment opens new avenues for children with disabilities to engage in social relationships with their peers, access information and participate in public decision-making processes. States parties should pursue those avenues and take steps to prevent the creation of new barriers and to remove existing barriers faced by children with disabilities in relation to the digital environment.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["IX. Children with disabilities"]},{"id":"crc-c-gc-25-0090","docId":"crc-c-gc-25","idx":90,"n":90,"text":"90. Children with different types of disabilities, including physical, intellectual, psychosocial, auditory and visual disabilities, face different barriers in accessing the digital environment, such as content in non-accessible formats, limited access to affordable assistive technologies at home, school and in the community and the prohibition of the use of digital devices in schools, health facilities and other environments. States parties should ensure that children with disabilities have access to content in accessible formats and remove policies that have a discriminatory impact on such children. They should ensure access to affordable assistive technologies, where needed, in particular for children with disabilities living in poverty, and provide awareness-raising campaigns, training and resources for children with disabilities, their families and staff in educational and other relevant settings so that they have sufficient knowledge and skills to use digital technologies effectively.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["IX. Children with disabilities"]},{"id":"crc-c-gc-25-0091","docId":"crc-c-gc-25","idx":91,"n":91,"text":"91. States parties should promote technological innovations that meet the requirements of children with different types of disabilities and ensure that digital products and services are designed for universal accessibility so that they can be used by all children without exception and without the need for adaptation. Children with disabilities should be involved in the design and delivery of policies, products and services that affect the realization of their rights in the digital environment.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["IX. Children with disabilities"]},{"id":"crc-c-gc-25-0092","docId":"crc-c-gc-25","idx":92,"n":92,"text":"92. Children with disabilities may be more exposed to risks, including cyberaggression and sexual exploitation and abuse, in the digital environment. States parties should identify and address the risks faced by children with disabilities, taking steps to ensure that the digital environment is safe for them, while countering the prejudice faced by children with disabilities that might lead to overprotection or exclusion. Safety information, protective strategies and public information, services and forums relating to the digital environment should be provided in accessible formats.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["IX. Children with disabilities"]},{"id":"crc-c-gc-25-0093","docId":"crc-c-gc-25","idx":93,"n":93,"text":"93. Digital technologies can facilitate access to health services and information and improve diagnostic and treatment services for maternal, newborn, child and adolescent physical and mental health and nutrition. They also offer significant opportunities for reaching children in disadvantaged or vulnerable situations or in remote communities. In situations of public emergency or in health or humanitarian crises, access to health services and information through digital technologies may become the only option.","labels":["Children","Adolescents","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0094","docId":"crc-c-gc-25","idx":94,"n":94,"text":"94. Children reported that they valued searching online for information and support relating to health and well-being, including on physical, mental and sexual and reproductive health, puberty, sexuality and conception.[[fn:42]] Adolescents especially wanted access to free, confidential, age-appropriate and non-discriminatory mental health and sexual and reproductive health services online.[[fn:43]] States parties should ensure that children have safe, secure and confidential access to trustworthy health information and services, including psychological counselling services.[[fn:44]] Those services should limit the processing of children’s data to that which is necessary for the performance of the service and should be provided by professionals or those with appropriate training, with regulated oversight mechanisms in place. States parties should ensure that digital health products and services do not create or increase inequities in children’s access to in-person health services.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":42,"text":"“Our rights in a digital world”, p. 37."},{"n":43,"text":"General comment No. 20 (2016), para. 59."},{"n":44,"text":"Ibid., paras. 47 and 59."}],"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0095","docId":"crc-c-gc-25","idx":95,"n":95,"text":"95. States parties should encourage and invest in research and development that is focused on children’s specific health needs and that promotes positive health outcomes for children through technological advances. Digital services should be used to supplement or improve the in-person provision of health services to children.[[fn:45]] States parties should introduce or update regulation that requires providers of health technologies and services to embed children’s rights within the functionality, content and distribution thereof.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":45,"text":"Ibid., paras. 47–48."}],"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0096","docId":"crc-c-gc-25","idx":96,"n":96,"text":"96. States parties should regulate against known harms and proactively consider emerging research and evidence in the public health sector, to prevent the spread of misinformation and materials and services that may damage children’s mental or physical health. Measures may also be needed to prevent unhealthy engagement in digital games or social media, such as regulating against digital design that undermines children’s development and rights.[[fn:46]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":46,"text":"General comment No. 15 (2013), para. 84."}],"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0097","docId":"crc-c-gc-25","idx":97,"n":97,"text":"97. States parties should encourage the use of digital technologies to promote healthy lifestyles, including physical and social activity.[[fn:47]] They should regulate targeted or age-inappropriate advertising, marketing and other relevant digital services to prevent children’s exposure to the promotion of unhealthy products, including certain food and beverages, alcohol, drugs and tobacco and other nicotine products.[[fn:48]] Such regulations relating to the digital environment should be compatible and keep pace with regulations in the offline environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":47,"text":"General comment No. 17 (2013), para. 13."},{"n":48,"text":"General comment No. 15 (2013), para. 77."}],"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0098","docId":"crc-c-gc-25","idx":98,"n":98,"text":"98. Digital technologies offer multiple opportunities for children to improve their health and well-being, when balanced with their need for rest, exercise and direct interaction with their peers, families and communities. States parties should develop guidance for children, parents, caregivers and educators regarding the importance of a healthy balance of digital and non-digital activities and sufficient rest.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0099","docId":"crc-c-gc-25","idx":99,"n":99,"text":"99. The digital environment can greatly enable and enhance children’s access to high-quality inclusive education, including reliable resources for formal, non-formal, informal, peer-to-peer and self-directed learning. Use of digital technologies can also strengthen engagement between the teacher and student and between learners. Children highlighted the importance of digital technologies in improving their access to education and in supporting their learning and participation in extracurricular activities.[[fn:49]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":49,"text":"“Our rights in a digital world”, pp. 14, 16 and 30."}],"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0100","docId":"crc-c-gc-25","idx":100,"n":100,"text":"100. States parties should support educational and cultural institutions, such as archives, libraries and museums, in enabling access for children to diverse digital and interactive learning resources, including indigenous resources, and resources in the languages that children understand. Those and other valuable resources can support children’s engagement with their own creative, civic and cultural practices and enable them to learn about those of others.[[fn:50]] States parties should enhance children’s opportunities for online and lifelong learning.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":50,"text":"General comment No. 17 (2013), para. 10."}],"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0101","docId":"crc-c-gc-25","idx":101,"n":101,"text":"101. States parties should invest equitably in technological infrastructure in schools and other learning settings, ensuring the availability and affordability of a sufficient number of computers, high-quality and high-speed broadband and a stable source of electricity, teacher training on the use of digital educational technologies, accessibility and the timely maintenance of school technologies. They should also support the creation and dissemination of diverse digital educational resources of good quality in the languages that children understand and ensure that existing inequalities are not exacerbated, such as those experienced by girls. States parties should ensure that the use of digital technologies does not undermine in-person education and is justified for educational purposes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0102","docId":"crc-c-gc-25","idx":102,"n":102,"text":"102. For children who are not physically present in school or for those who live in remote areas or in disadvantaged or vulnerable situations, digital educational technologies can enable distance or mobile learning.[[fn:51]] States parties should ensure that there is proper infrastructure in place to enable access for all children to the basic utilities necessary for distance learning, including access to devices, electricity, connectivity, educational materials and professional support. They should also ensure that schools have sufficient resources to provide parents and caregivers with guidance on remote learning at home and that digital education products and services do not create or exacerbate inequities in children’s access to in-person education services.","labels":["Children","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":51,"text":"Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019), para. 64; and Committee on the Rights of the Child, general comment No. 11 (2009), para. 61; and general comment No. 21 (2017), para. 55."}],"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0103","docId":"crc-c-gc-25","idx":103,"n":103,"text":"103. States parties should develop evidence-based policies, standards and guidelines for schools and other relevant bodies responsible for procuring and using educational technologies and materials to enhance the provision of valuable educational benefits. Standards for digital educational technologies should ensure that the use of those technologies is ethical and appropriate for educational purposes and does not expose children to violence, discrimination, misuse of their personal data, commercial exploitation or other infringements of their rights, such as the use of digital technologies to document a child’s activity and share it with parents or caregivers without the child’s knowledge or consent.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0104","docId":"crc-c-gc-25","idx":104,"n":104,"text":"104. States parties should ensure that digital literacy is taught in schools, as part of basic education curricula, from the preschool level and throughout all school years, and that such pedagogies are assessed on the basis of their results.[[fn:52]] Curricula should include the knowledge and skills to safely handle a wide range of digital tools and resources, including those relating to content, creation, collaboration, participation, socialization and civic engagement. Curricula should also include critical understanding, guidance on how to find trusted sources of information and to identify misinformation and other forms of biased or false content, including on sexual and reproductive health issues, human rights, including the rights of the child in the digital environment, and available forms of support and remedy. They should promote awareness among children of the possible adverse consequences of exposure to risks relating to content, contact, conduct and contract, including cyberaggression, trafficking, sexual exploitation and abuse and other forms of violence, as well as coping strategies to reduce harm and strategies to protect their personal data and those of others and to build children’s social and emotional skills and resilience.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":52,"text":"General comment No. 20 (2016), para. 47."}],"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0105","docId":"crc-c-gc-25","idx":105,"n":105,"text":"105. It is of increasing importance that children gain an understanding of the digital environment, including its infrastructure, business practices, persuasive strategies and the uses of automated processing and personal data and surveillance, and of the possible negative effects of digitalization on societies. Teachers, in particular those who undertake digital literacy education and sexual and reproductive health education, should be trained on safeguards relating to the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0106","docId":"crc-c-gc-25","idx":106,"n":106,"text":"106. The digital environment promotes children’s right to culture, leisure and play, which is essential for their well-being and development.[[fn:53]] Children of all ages reported that they experienced pleasure, interest and relaxation through engaging with a wide range of digital products and services of their choice,[[fn:54]] but that they were concerned that adults might not understand the importance of digital play and how it could be shared with friends.[[fn:55]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":53,"text":"General comment No. 17 (2013), para. 7."},{"n":54,"text":"“Our rights in a digital world”, p. 22."},{"n":55,"text":"General comment No. 17 (2013), para. 33."}],"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0107","docId":"crc-c-gc-25","idx":107,"n":107,"text":"107. Digital forms of culture, recreation and play should support and benefit children and reflect and promote children’s differing identities, in particular their cultural identities, languages and heritage. They can facilitate children’s social skills, learning, expression, creative activities, such as music and art, and sense of belonging and a shared culture.[[fn:56]] Participation in cultural life online contributes to creativity, identity, social cohesiveness and cultural diversity. States parties should ensure that children have the opportunity to use their free time to experiment with information and communications technologies, express themselves and participate in cultural life online.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":56,"text":"Ibid., para. 5."}],"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0108","docId":"crc-c-gc-25","idx":108,"n":108,"text":"108. States parties should regulate and provide guidance for professionals, parents and caregivers and collaborate with digital service providers, as appropriate, to ensure that digital technologies and services intended for, accessed by or having an impact on children in their leisure time are designed, distributed and used in ways that enhance children’s opportunities for culture, recreation and play. That can include encouraging innovation in digital play and related activities that support children’s autonomy, personal development and enjoyment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0109","docId":"crc-c-gc-25","idx":109,"n":109,"text":"109. States parties should ensure that the promotion of opportunities for culture, leisure and play in the digital environment is balanced with the provision of attractive alternatives in the physical locations where children live. Especially in their early years, children acquire language, coordination, social skills and emotional intelligence largely through play that involves physical movement and direct face-to-face interaction with other people. For older children, play and recreation that involve physical activities, team sports and other outdoor recreational activities can provide health benefits, as well as functional and social skills.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0110","docId":"crc-c-gc-25","idx":110,"n":110,"text":"110. Leisure time spent in the digital environment may expose children to risks of harm, for example, through opaque or misleading advertising or highly persuasive or gambling-like design features. By introducing or using data protection, privacy-by-design and safety-by-design approaches and other regulatory measures, States parties should ensure that businesses do not target children using those or other techniques designed to prioritize commercial interests over those of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0111","docId":"crc-c-gc-25","idx":111,"n":111,"text":"111. Where States parties or businesses provide guidance, age ratings, labelling or certification regarding certain forms of digital play and recreation, they should be formulated so as not to curtail children’s access to the digital environment as a whole or interfere with their opportunities for leisure or their other rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0112","docId":"crc-c-gc-25","idx":112,"n":112,"text":"112. Children should be protected from all forms of exploitation prejudicial to any aspects of their welfare in relation to the digital environment. Exploitation may occur in many forms, such as economic exploitation, including child labour, sexual exploitation and abuse, the sale, trafficking and abduction of children and the recruitment of children to participate in criminal activities, including forms of cybercrime. By creating and sharing content, children may be economic actors in the digital environment, which may result in their exploitation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","A. Protection from economic, sexual and other forms of exploitation"]},{"id":"crc-c-gc-25-0113","docId":"crc-c-gc-25","idx":113,"n":113,"text":"113. States parties should review relevant laws and policies to ensure that children are protected against economic, sexual and other forms of exploitation and that their rights with regard to work in the digital environment and related opportunities for remuneration are protected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","A. Protection from economic, sexual and other forms of exploitation"]},{"id":"crc-c-gc-25-0114","docId":"crc-c-gc-25","idx":114,"n":114,"text":"114. States parties should ensure that appropriate enforcement mechanisms are in place and support children, parents and caregivers in gaining access to the protections that apply.[[fn:57]] They should legislate to ensure that children are protected from harmful goods, such as weapons or drugs, or services, such as gambling. Robust age verification systems should be used to prevent children from acquiring access to products and services that are illegal for them to own or use. Such systems should be consistent with data protection and safeguarding requirements.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":57,"text":"General comment No. 16 (2013), para. 37."}],"section":["XII. Special protection measures","A. Protection from economic, sexual and other forms of exploitation"]},{"id":"crc-c-gc-25-0115","docId":"crc-c-gc-25","idx":115,"n":115,"text":"115. Considering States’ obligations to investigate, prosecute and punish trafficking in persons, including its component actions and related conduct, States parties should develop and update anti-trafficking legislation so that it prohibits the technology-facilitated recruitment of children by criminal groups.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","A. Protection from economic, sexual and other forms of exploitation"]},{"id":"crc-c-gc-25-0116","docId":"crc-c-gc-25","idx":116,"n":116,"text":"116. States parties should ensure that appropriate legislation is in place to protect children from the crimes that occur in the digital environment, including fraud and identity theft, and to allocate sufficient resources to ensure that crimes in the digital environment are investigated and prosecuted. States parties should also require a high standard of cybersecurity, privacy-by-design and safety-by-design in the digital services and products that children use, to minimize the risk of such crimes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","A. Protection from economic, sexual and other forms of exploitation"]},{"id":"crc-c-gc-25-0117","docId":"crc-c-gc-25","idx":117,"n":117,"text":"117. Children may be alleged to have, accused of or recognized as having infringed, cybercrime laws. States parties should ensure that policymakers consider the effects of such laws on children, focus on prevention and make every effort to create and use alternatives to a criminal justice response.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","B. Administration of child justice"]},{"id":"crc-c-gc-25-0118","docId":"crc-c-gc-25","idx":118,"n":118,"text":"118. Self-generated sexual material by children that they possess and/or share with their consent and solely for their own private use should not be criminalized. Child-friendly channels should be created to allow children to safely seek advice and assistance where it relates to self-generated sexually explicit content.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","B. Administration of child justice"]},{"id":"crc-c-gc-25-0119","docId":"crc-c-gc-25","idx":119,"n":119,"text":"119. States parties should ensure that digital technologies, surveillance mechanisms, such as facial recognition software, and risk profiling that are deployed in the prevention, investigation and prosecution of crimes are not used to unfairly target children suspected of or charged with criminal offences and are not used in a manner that violates their rights, in particular their rights to privacy, dignity and freedom of association.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","B. Administration of child justice"]},{"id":"crc-c-gc-25-0120","docId":"crc-c-gc-25","idx":120,"n":120,"text":"120. The Committee recognizes that, where the digitization of court proceedings results in a lack of in-person contact with children, it may have a negative impact on rehabilitative and restorative justice measures built on developing relationships with the child. In such cases, and also where children are deprived of their liberty, States parties should provide in-person contact to facilitate children’s ability to meaningfully engage with the courts and their rehabilitation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","B. Administration of child justice"]},{"id":"crc-c-gc-25-0121","docId":"crc-c-gc-25","idx":121,"n":121,"text":"121. The digital environment can provide children living in vulnerable situations, including children in armed conflict, internally displaced children, migrant, asylum-seeking and refugee children, unaccompanied children, children in street situations and children affected by natural disasters, with access to life-saving information that is vital for their protection. The digital environment can also enable them to maintain contact with their families, enable their access to education, health and other basic services and enable them to obtain food and safe shelter. States parties should ensure safe, secure, private and beneficial access for such children to the digital environment and protect them from all forms of violence, exploitation and abuse.","labels":["Refugees & asylum-seekers","Children","Persons in street situations","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","C. Protection of children in armed conflict, migrant children and children in other vulnerable situations"]},{"id":"crc-c-gc-25-0122","docId":"crc-c-gc-25","idx":122,"n":122,"text":"122. States parties should ensure that children are not recruited or used in conflicts, including armed conflicts, through the digital environment. That includes preventing, criminalizing and sanctioning the various forms of technology-facilitated solicitation and grooming of children, for example, though use of social networking platforms or chat services in online games.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","C. Protection of children in armed conflict, migrant children and children in other vulnerable situations"]},{"id":"crc-c-gc-25-0123","docId":"crc-c-gc-25","idx":123,"n":123,"text":"123. The cross-border and transnational nature of the digital environment necessitates strong international and regional cooperation, to ensure that all stakeholders, including States, businesses and other actors, effectively respect, protect and fulfil children’s rights in relation to the digital environment. It is therefore vital that States parties cooperate bilaterally and multilaterally with national and international non-governmental organizations, United Nations agencies, businesses and organizations specialized in child protection and human rights in relation to the digital environment.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XIII. International and regional cooperation"]},{"id":"crc-c-gc-25-0124","docId":"crc-c-gc-25","idx":124,"n":124,"text":"124. States parties should promote and contribute to the international and regional exchange of expertise and good practices and establish and promote capacity-building, resources, standards, regulations and protections across national borders that enable the realization of children’s rights in the digital environment by all States. They should encourage the formulation of a common definition of what constitutes a crime in the digital environment, mutual legal assistance and the joint collection and sharing of evidence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XIII. International and regional cooperation"]},{"id":"crc-c-gc-25-0125","docId":"crc-c-gc-25","idx":125,"n":125,"text":"125. States parties should ensure that the present general comment is widely disseminated, including through use of digital technologies, to all relevant stakeholders, in particular parliaments and government authorities, including those responsible for cross-cutting and sectoral digital transformation, as well as members of the judiciary, business enterprises, the media, civil society and the public at large, educators and children, and is made available in multiple formats and languages, including age-appropriate versions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XIV. Dissemination"]},{"id":"crc-c-gc-26-0001","docId":"crc-c-gc-26","idx":1,"n":1,"text":"1. The extent and magnitude of the triple planetary crisis, comprising the climate emergency, the collapse of biodiversity and pervasive pollution, is an urgent and systemic threat to children’s rights globally. The unsustainable extraction and use of natural resources, combined with widespread contamination through pollution and waste, have had a profound impact on the natural environment, fuelling climate change, intensifying the toxic pollution of water, air and soil, causing ocean acidification and devastating biodiversity and the very ecosystems that sustain all life.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction"]},{"id":"crc-c-gc-26-0002","docId":"crc-c-gc-26","idx":2,"n":2,"text":"2. The efforts of children to draw attention to these environmental crises created the motivation and were the momentum behind the present general comment. The Committee benefited immeasurably from the contributions of children at its 2016 day of general discussion on children’s rights and the environment. A diverse and dedicated children’s advisory team, comprising 12 advisors of between 11 and 17 years of age, supported the consultation process undertaken for the general comment, with 16,331 contributions from children, from 121 countries, through online surveys, focus groups and in-person national and regional consultations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction"]},{"id":"crc-c-gc-26-0003","docId":"crc-c-gc-26","idx":3,"n":3,"text":"3. The children consulted reported on the negative effects of environmental degradation and climate change on their lives and communities. They asserted their right to live in a clean, healthy and sustainable environment: “The environment is our life.” “Adults [should] stop making decisions for the future they won’t experience. [We] are the key means [of] solving climate change, as it is [our] lives at stake.” “I would like to tell [adults] that we are the future generations and, if you destroy the planet, where will we live?!”[[fn:1]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":1,"text":"See https://childrightsenvironment.org/reports/."}],"section":["I. Introduction"]},{"id":"crc-c-gc-26-0004","docId":"crc-c-gc-26","idx":4,"n":4,"text":"4. Child human rights defenders, as agents of change, have made historic contributions to human rights and environmental protection. Their status should be recognized, and their demands for urgent and decisive measures to tackle global environmental harm should be realized.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction"]},{"id":"crc-c-gc-26-0005","docId":"crc-c-gc-26","idx":5,"n":5,"text":"5. While the present general comment is focused on climate change, its application should not be limited to any particular environmental issue. New environmental challenges may arise in the future, for example, those linked to technological and economic development and social change. States should ensure that the present general comment is widely disseminated to all relevant stakeholders, in particular children, and is made available in multiple languages and formats, including age-appropriate and accessible versions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction"]},{"id":"crc-c-gc-26-0006","docId":"crc-c-gc-26","idx":6,"n":6,"text":"6. The application of a child rights-based approach to the environment requires the full consideration of all children’s rights under the Convention on the Rights of the Child and the Optional Protocols thereto.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","A. Child rights-based approach to environmental protection"]},{"id":"crc-c-gc-26-0007","docId":"crc-c-gc-26","idx":7,"n":7,"text":"7. In a children’s rights-based approach, the process of realizing children’s rights is as important as the result. As rights holders, children are entitled to protection from infringements of their rights stemming from environmental harm and to be recognized and fully respected as environmental actors. In taking such an approach, particular attention is paid to the multiple barriers faced by children in disadvantaged situations in enjoying and claiming their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","A. Child rights-based approach to environmental protection"]},{"id":"crc-c-gc-26-0008","docId":"crc-c-gc-26","idx":8,"n":8,"text":"8. A clean, healthy and sustainable environment is both a human right itself and necessary for the full enjoyment of a broad range of children’s rights. Conversely, environmental degradation, including the consequences of the climate crisis, adversely affects the enjoyment of these rights, in particular for children in disadvantaged situations or children living in regions that are highly exposed to climate change. The exercise by children of their rights to freedom of expression, peaceful assembly and association, to information and education, to participate and be heard and to effective remedies can result in more rights-compliant, and therefore more ambitious and effective, environmental policies. In this way, children’s rights and environmental protection form a virtuous circle.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","A. Child rights-based approach to environmental protection"]},{"id":"crc-c-gc-26-0009","docId":"crc-c-gc-26","idx":9,"n":9,"text":"9. The Convention explicitly addresses environmental issues in article 24 (2) (c), by which States are obliged to take measures to combat disease and malnutrition, taking into consideration the dangers and risks of environmental pollution, and under article 29 (1) (e), by which they are required to direct the education of children to the development of respect for the natural environment. Since the adoption of the Convention, growing acceptance has emerged of the wide-ranging interconnections between children’s rights and environmental protection. Unprecedented environmental crises and the resulting challenges for the realization of children’s rights require a dynamic interpretation of the Convention.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","B. Evolution of international law on human rights and the environment"],"citedArticles":[{"treaty":"CRC","article":"24","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-26-0010","docId":"crc-c-gc-26","idx":10,"n":10,"text":"10. The Committee is mindful of efforts of relevance to its interpretation, including: (a) the recognition of the human right to a clean, healthy and sustainable environment by the General Assembly[[fn:2]] and the Human Rights Council;[[fn:3]] (b) the framework principles on human rights and the environment;[[fn:4]] (c) the existing and evolving norms, principles, standards and obligations under international environmental law, such as the United Nations Framework Convention on Climate Change and the Paris Agreement; (d) the legal developments and jurisprudence at the regional level recognizing the relationship between human rights and the environment; and (e) the recognition of some form of the right to a clean, healthy and sustainable environment in international agreements, the jurisprudence of regional and national courts, national constitutions, laws and policies by a vast majority of States.[[fn:5]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":2,"text":"General Assembly resolution 76/300."},{"n":3,"text":"Human Rights Council resolution 48/13."},{"n":4,"text":"A/HRC/37/59, annex."},{"n":5,"text":"See A/HRC/43/53."}],"section":["I. Introduction","B. Evolution of international law on human rights and the environment"]},{"id":"crc-c-gc-26-0011","docId":"crc-c-gc-26","idx":11,"n":11,"text":"11. The Committee recognizes the principle of intergenerational equity and the interests of future generations, to which the children consulted overwhelmingly referred. While the rights of children who are present on Earth require immediate urgent attention, the children constantly arriving are also entitled to the realization of their human rights to the maximum extent. Beyond their immediate obligations under the Convention with regard to the environment, States bear the responsibility for foreseeable environment-related threats arising as a result of their acts or omissions now, the full implications of which may not manifest for years or even decades.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","C. Intergenerational equity and future generations"]},{"id":"crc-c-gc-26-0012","docId":"crc-c-gc-26","idx":12,"n":12,"text":"In the present general comment, the Committee aims to: (a) Emphasize the urgent need to address the adverse effects of environmental degradation, with a special focus on climate change, on the enjoyment of children’s rights; (b) Promote a holistic understanding of children’s rights as they apply to environmental protection; (c) Clarify the obligations of States to the Convention and provide authoritative guidance on legislative, administrative and other appropriate measures to address environmental harm, with a special focus on climate change.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","D. Objectives"]},{"id":"crc-c-gc-26-0013","docId":"crc-c-gc-26","idx":13,"n":13,"text":"13. Children’s rights, like all human rights, are indivisible, interdependent and interrelated. Some rights are particularly threatened by environmental degradation. Other rights play an instrumental role in safeguarding children’s rights in relation to the environment. The right to education, for example, is a right that has both dimensions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment"]},{"id":"crc-c-gc-26-0014","docId":"crc-c-gc-26","idx":14,"n":14,"text":"14. States have an obligation to effectively prevent, protect against and provide remedies for both direct and indirect environmental discrimination. Children in general, and certain groups of children in particular, face heightened barriers to the enjoyment of their rights, due to multiple and intersecting forms of discrimination; such grounds include those specifically prohibited under article 2 of the Convention and the “other status” referred to in the article. The impact of environmental harm has a discriminatory effect on certain groups of children, especially Indigenous children, children belonging to minority groups, children with disabilities and children living in disaster-prone or climate-vulnerable environments.","labels":["Indigenous peoples","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","A. Right to non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-26-0015","docId":"crc-c-gc-26","idx":15,"n":15,"text":"15. States should collect disaggregated data to identify the differential effects of environment-related harm on children and to better understand intersectionalities, paying special attention to groups of children who are most at risk, and to implement special measures and policies, as required. States must ensure that all legislation, policies and programmes that deal with environmental issues are not intentionally or unintentionally discriminatory towards children in their content or implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","A. Right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-26-0016","docId":"crc-c-gc-26","idx":16,"n":16,"text":"16. Environmental decisions generally concern children, and the best interests of the child shall be a primary consideration in the adoption and implementation of environmental decisions, including laws, regulations, policies, standards, guidelines, plans, strategies, budgets, international agreements and the provision of development assistance. Where an environmental decision may have a significant impact on children, conducting a more detailed procedure to assess and determine children’s best interests that provides opportunities for their effective and meaningful participation, is appropriate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-26-0017","docId":"crc-c-gc-26","idx":17,"n":17,"text":"17. Determining the best interests of the child should include an assessment of the specific circumstances that place children uniquely at risk in the context of environmental harm. The purpose of assessing the best interests of the child shall be to ensure the full and effective enjoyment of all rights, including the right to a clean, healthy and sustainable environment. States should not only protect children against environmental harm, but also ensure their well-being and development, taking into account the possibility of future risk and harm.[[fn:6]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":6,"text":"General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, paras. 16 (e), 71 and 74."}],"section":["II. Specific rights under the Convention as they relate to the environment","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-26-0018","docId":"crc-c-gc-26","idx":18,"n":18,"text":"18. The adoption of all measures of implementation should also follow a procedure that ensures that the best interests of the child are a primary consideration. A child rights impact assessment should be used to evaluate the environmental impact of all implementation measures, such as any proposed policy, legislation, regulation, budget or other administrative decision concerning children, and should complement ongoing monitoring and evaluation of the impact of measures on children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-26-0019","docId":"crc-c-gc-26","idx":19,"n":19,"text":"19. Potential conflicts of the best interests of the child with other interests or rights should be resolved on a case-by-case basis, carefully balancing the interests of all parties. Decision makers should analyse and weigh the rights and interests of all those concerned, giving appropriate weight to the primacy of the best interests of the child. States should take into account the possibility that environmental decisions that seem reasonable individually and on a shorter timescale can become unreasonable in aggregate and when considering the full harm that they will cause to children throughout their life courses.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-26-0020","docId":"crc-c-gc-26","idx":20,"n":20,"text":"20. The right to life is threatened by environmental degradation, including climate change, pollution and biodiversity loss, which are closely linked to other fundamental challenges impeding the realization of this right, including poverty, inequality and conflict. States should take positive measures to ensure that children are protected from foreseeable premature or unnatural death and threats to their lives that may be caused by acts and omissions, as well as the activities of business actors, and enjoy their right to life with dignity.[[fn:7]] Such measures include the adoption and effective implementation of environmental standards, for example, those related to air and water quality, food safety, lead exposure and greenhouse gas emissions, and all other adequate and necessary environmental measures that are protective of children’s right to life.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":7,"text":"Human Rights Committee, general comment No. 36 (2018) on the right to life, para. 62."}],"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"]},{"id":"crc-c-gc-26-0021","docId":"crc-c-gc-26","idx":21,"n":21,"text":"21. The obligations of States under article 6 of the Convention also apply to structural and long-term challenges arising from environmental conditions that may lead to direct threats to the right to life and require taking appropriate measures to tackle those conditions, for example, the sustainable use of resources needed for covering basic needs and the protection of healthy ecosystems and biodiversity. Special measures of protection are needed to prevent and reduce child mortality from environmental conditions and for groups in vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-26-0022","docId":"crc-c-gc-26","idx":22,"n":22,"text":"22. Environmental degradation increase children’s risk of facing grave rights violations in armed conflict due to displacement, famine and increased violence. In the context of armed conflict, States should prohibit the development or retention of, and ensure the clean-up of areas contaminated by, unexploded ordnance and residue of biological, chemical and nuclear weapons, in line with international commitments.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"]},{"id":"crc-c-gc-26-0023","docId":"crc-c-gc-26","idx":23,"n":23,"text":"23. Environmental degradation jeopardizes children’s ability to achieve their full developmental potential, with implications for a wide range of other rights under the Convention. The development of children is intertwined with the environment in which they live. The developmental benefits of a healthy environment include those linked to opportunities to experience outdoor activities and to interact with and play in natural environments, including the animal world.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"]},{"id":"crc-c-gc-26-0024","docId":"crc-c-gc-26","idx":24,"n":24,"text":"24. Younger children are particularly susceptible to environmental hazards due to their unique activity patterns, behaviours and physiology. Exposure to toxic pollutants, even at low levels, during developmental windows of increased vulnerability can easily disrupt the maturational processes of the brain, organs and the immune system and cause disease and impairments during and beyond childhood, sometimes after a substantial latency period. The effects of environmental contaminants may even persist in future generations. States should consistently and explicitly consider the impact of exposure to toxic substances and pollution in early life.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"]},{"id":"crc-c-gc-26-0025","docId":"crc-c-gc-26","idx":25,"n":25,"text":"25. States should recognize each stage of childhood, the importance of each stage for subsequent stages of maturation and development and children’s varying needs at each stage. To create an optimal environment for the right to development, States should explicitly and consistently consider all factors required for children of all different ages to survive, develop and thrive to their fullest potential and design and implement evidence-based interventions that address a wide range of environmental determinants during the life course.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"]},{"id":"crc-c-gc-26-0026","docId":"crc-c-gc-26","idx":26,"n":26,"text":"26. Children identify environmental issues as being highly important to their lives. Children’s voices are a powerful global force for environmental protection, and their views add relevant perspectives and experience with respect to decision-making on environmental matters at all levels. Even from an early age, children can enhance the quality of environmental solutions, for example, by providing invaluable insights into issues such as the effectiveness of early warning systems for environmental hazards. Children’s views should be proactively sought and given due weight in the design and implementation of measures aimed at addressing the significant and long-term environmental challenges that are fundamentally shaping their lives. Creative means of expression, such as art and music, may be used by children to participate and express their views. Additional support and special strategies may be required to empower children in disadvantaged situations, such as children with disabilities, children belonging to minority groups and children living in vulnerable areas, to exercise their right to be heard. The digital environment and tools can enhance consultations with children and expand their capacity and opportunities to be effectively engaged in environmental matters, including through collective advocacy, if carefully used, with due attention given to challenges regarding digital inclusion.[[fn:8]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":8,"text":"General comment No. 25 (2021) on children’s rights in relation to the digital environment, paras. 16 and 18."}],"section":["II. Specific rights under the Convention as they relate to the environment","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-26-0027","docId":"crc-c-gc-26","idx":27,"n":27,"text":"27. States must ensure that age-appropriate, safe and accessible mechanisms are in place for children’s views to be heard regularly and at all stages of environmental decision-making processes for legislation, policies, regulations, projects and activities that may affect them, at the local, national and international levels. For free, active, meaningful and effective participation, children should be provided with environmental and human rights education, age-appropriate and accessible information, adequate time and resources and a supportive and enabling environment. They should receive information about the outcomes of environment-related consultations and feedback on how their views were taken into account and have access to child-sensitive complaint procedures and remedies when their right to be heard in the environmental context is disregarded.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-26-0028","docId":"crc-c-gc-26","idx":28,"n":28,"text":"28. At the international level, States, intergovernmental organizations and international non-governmental organizations should facilitate the involvement of children’s associations and child-led organizations or groups in environmental decision-making processes. States should ensure that their obligations concerning children’s right to be heard are incorporated into international environmental decision-making processes, including in negotiations and the implementation of instruments of international environmental law. Efforts to enhance youth participation in environmental decision-making processes should be inclusive of children.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-26-0029","docId":"crc-c-gc-26","idx":29,"n":29,"text":"29. Children across the world are taking action, individually and collectively, to protect the environment, including by highlighting the consequences of climate change. States shall respect and protect children’s rights to freedom of expression, association and peaceful assembly in relation to the environment, including by providing a safe and enabling environment and a legal and institutional framework within which children can effectively exercise their rights. Children’s rights to freedom of expression, association and peaceful assembly shall not be subjected to restrictions other than those imposed in conformity with the law and that are necessary in a democratic society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","E. Freedom of expression, association and peaceful assembly (arts. 13 and 15)"]},{"id":"crc-c-gc-26-0030","docId":"crc-c-gc-26","idx":30,"n":30,"text":"30. Children who exercise their right to freedom of expression or engage in protests on environmental matters, including children environmental human rights defenders, often face threats, intimidation, harassment and other serious reprisals. States are required to protect their rights, including by providing a safe and empowering context for initiatives organized by children to defend human rights in schools and other settings. States, State actors, such as the police, and other stakeholders, including teachers, should receive training on children’s civil and political rights, including measures to ensure that children can enjoy them safely. States must take all appropriate measures to ensure that no restrictions other than those that are provided by law and that are necessary are imposed on forming and joining associations or taking part in environmental protests. Laws, including those relating to defamation and libel, should not be abused to suppress children’s rights. States should adopt and implement laws to protect child human rights defenders in accordance with international human rights standards. States should provide effective remedies for violations of children’s rights to freedom of expression, peaceful assembly and association.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","E. Freedom of expression, association and peaceful assembly (arts. 13 and 15)"]},{"id":"crc-c-gc-26-0031","docId":"crc-c-gc-26","idx":31,"n":31,"text":"31. States should foster, recognize and support the positive contribution of children to environmental sustainability and climate justice, as an important means of civil and political engagement through which children can negotiate and advocate for the realization of their rights, including their right to a healthy environment, and hold States accountable.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","E. Freedom of expression, association and peaceful assembly (arts. 13 and 15)"]},{"id":"crc-c-gc-26-0032","docId":"crc-c-gc-26","idx":32,"n":32,"text":"32. Access to information is essential for enabling children and their parents or caregivers to comprehend the potential effects of environmental harm on children’s rights. It is also a crucial prerequisite for realizing the rights of children to express their views, to be heard and to effective remedy regarding environmental matters.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","F. Access to information (arts. 13 and 17)"]},{"id":"crc-c-gc-26-0033","docId":"crc-c-gc-26","idx":33,"n":33,"text":"33. Children have the right to access to accurate and reliable environmental information, including about the causes, effects and actual and potential sources of climate and environmental harm, adaptive responses, relevant climate and environmental legislation, regulations, findings from climate and environmental impact assessments, policies and plans and sustainable lifestyle choices. Such information empowers children to learn what they can do in their immediate environment related to waste management, recycling and consumption behaviours.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","F. Access to information (arts. 13 and 17)"]},{"id":"crc-c-gc-26-0034","docId":"crc-c-gc-26","idx":34,"n":34,"text":"34. States have an obligation to make environmental information available. Dissemination methods should be appropriate to children’s ages and capacities and aimed at overcoming obstacles, such as illiteracy, disability, language barriers, distance and limited access to information and communications technology. States should encourage the media to disseminate accurate information and materials regarding the environment, for example, measures that children and their families can take to manage risks in the context of climate change-related disasters.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","F. Access to information (arts. 13 and 17)"]},{"id":"crc-c-gc-26-0035","docId":"crc-c-gc-26","idx":35,"n":35,"text":"35. Environmental degradation, including the climate crisis, is a form of structural violence against children and can cause social collapse in communities and families. Poverty, economic and social inequalities, food insecurity and forced displacement aggravate the risk that children will experience violence, abuse and exploitation. For example, poorer households are less resilient to environment-related shocks, including those caused or exacerbated by climate change, such as rising sea levels, floods, cyclones, air pollution, extreme weather events, desertification, deforestation, droughts, fires, storms and biodiversity loss. The financial hardships, food and clean water shortages and fragile child protection systems brought about by such shocks undermine families’ daily routines, place an extra burden on children and increase their vulnerability to gender-based violence, child marriage, female genital mutilation, child labour, abduction, trafficking, displacement, sexual violence and exploitation and recruitment into criminal, armed and/or violent extremist groups. Children must be protected from all forms of physical and psychological violence and from exposure to violence, such as domestic violence or violence inflicted on animals.","labels":["Women/girls","Children","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","G. Right to freedom from all forms of violence (art. 19)"]},{"id":"crc-c-gc-26-0036","docId":"crc-c-gc-26","idx":36,"n":36,"text":"36. Investment in children’s services can considerably reduce the overall environmental risks faced by children worldwide. States should adopt cross-sectoral measures to address the drivers of violence against children linked to environmental degradation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","G. Right to freedom from all forms of violence (art. 19)"]},{"id":"crc-c-gc-26-0037","docId":"crc-c-gc-26","idx":37,"n":37,"text":"37. The right to health includes the enjoyment of a variety of facilities, goods, services and conditions that are necessary for the realization of the highest attainable standard of health, including a healthy environment. This right is dependent on and is indispensable to the enjoyment of many other rights under the Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0038","docId":"crc-c-gc-26","idx":38,"n":38,"text":"38. Environmental pollution is a major threat to children’s health, as explicitly recognized in article 24 (2) (c) of the Convention. However, in many countries, pollution is often overlooked and its impact underestimated. Lack of potable water, inadequate sanitation and household air pollution pose serious threats to children’s health. Pollution associated with past and present industrial activities, including exposure to toxic substances and hazardous waste, presents more complex threats to health, often resulting in effects long after exposure.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"],"citedArticles":[{"treaty":"CRC","article":"24","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-26-0039","docId":"crc-c-gc-26","idx":39,"n":39,"text":"39. Climate change, biodiversity loss and the degradation of ecosystems are obstacles to the realization of children’s right to health. These environmental factors often interact, exacerbating existing health disparities. For example, rising temperatures caused by climate change increase the risk of vector-borne and zoonotic diseases and concentrations of air pollutants that stunt brain and lung development and exacerbate respiratory conditions. Climate change, pollution and toxic substances all represent key drivers of the alarming loss in biodiversity and the degradation of ecosystems on which human health depends. Specific effects include reductions in microbial diversity, which is critical to the development of children’s immune systems, and the increasing prevalence of autoimmune diseases, with long-term effects.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0040","docId":"crc-c-gc-26","idx":40,"n":40,"text":"40. Air and water pollution, exposure to toxic substances, including chemical fertilizers, soil and land degradation and other types of environmental harm increase child mortality, especially among children under 5 years of age, and contribute to the prevalence of disease, impaired brain development and subsequent cognitive deficits. The effects of climate change, including water scarcity, food insecurity, vector-borne and waterborne diseases, the intensification of air pollution and physical trauma linked to both sudden- and slow-onset events, are disproportionately borne by children.[[fn:9]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":9,"text":"For example, Intergovernmental Panel on Climate Change, Sixth Assessment Report, Summary for Policymakers, figure SPM.1, The data show the disproportionate, cumulative and long-term effects of climate change on people born in 2020."}],"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0041","docId":"crc-c-gc-26","idx":41,"n":41,"text":"41. Another concern is children’s current and anticipated psychosocial and mental health conditions caused by environmental harm, including climate change-related events. The clear emerging link between environmental harm and children’s mental health, such as depression and eco-anxiety, requires pressing attention, both in terms of response and prevention programmes, by public health and education authorities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0042","docId":"crc-c-gc-26","idx":42,"n":42,"text":"42. States should integrate measures to address environmental health concerns relevant to children into their national plans, policies and strategies relating to both health and the environment. Legislative, regulatory and institutional frameworks, including regulations dealing with the business sector, should effectively protect children’s environmental health where they live, study, play and work. Environmental health standards should be consistent with the best available science and all relevant international guidelines, such as those established by the World Health Organization, and be strictly enforced. The obligations of States under article 24 of the Convention also apply when developing and implementing environmental agreements to address transboundary and global threats to children’s health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-26-0043","docId":"crc-c-gc-26","idx":43,"n":43,"text":"43. The right to health includes access for children affected by environmental harm to high-quality public health and health-care facilities, goods and services, and particular attention should be given to underserved and hard-to-reach populations and to delivering high-quality prenatal maternal health care nationwide. Facilities, programmes and services should be equipped to respond to environmental health hazards. Health protection also applies to the conditions that children need to lead a healthy life, such as a safe climate, safe and clean drinking water and sanitation, sustainable energy, adequate housing, access to nutritionally adequate and safe food and healthy working conditions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0044","docId":"crc-c-gc-26","idx":44,"n":44,"text":"44. The availability of high-quality data is crucial for adequate protection against climate and environmental health risks. States should assess the local, national and transboundary health effects of environmental harm, including the causes of mortality and morbidity, while taking into consideration the entire life course of children and the vulnerabilities and inequalities that they face at each life stage. Priority concerns, the impacts of climate change and emerging environmental health issues should be identified. In addition to data collected through routine health information systems, research is required, for example, for longitudinal cohort studies and studies of pregnant women, infants and children that capture risks at critical windows of development.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0045","docId":"crc-c-gc-26","idx":45,"n":45,"text":"45. Children have the right to a standard of living adequate for their physical, mental, spiritual, moral and social development. A clean, healthy and sustainable environment is a prerequisite for the realization of this right, including to adequate housing, food security and safe and clean drinking water and sanitation.[[fn:10]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":10,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002) on the right to water, para. 3; and Committee on the Rights of the Child, general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 48."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"]},{"id":"crc-c-gc-26-0046","docId":"crc-c-gc-26","idx":46,"n":46,"text":"46. The Committee underlines that the rights to adequate housing, food, water and sanitation should be realized sustainably, including with respect to material consumption, resource and energy use and the appropriation of space and nature.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"]},{"id":"crc-c-gc-26-0047","docId":"crc-c-gc-26","idx":47,"n":47,"text":"47. Exposure to environmental harm has both direct and structural causes and exacerbates the effects of multidimensional child poverty. In the environmental context, social security, as guaranteed under article 26 of the Convention, is particularly relevant. States are urged to introduce features into social security policies and social protection floors that provide children and their families with protection against environmental shocks and slow-onset harms, including from climate change. States should strengthen child-centred poverty alleviation programmes in the areas that are most vulnerable to environmental risks.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"],"citedArticles":[{"treaty":"CRC","article":"26","source":"regex"}]},{"id":"crc-c-gc-26-0048","docId":"crc-c-gc-26","idx":48,"n":48,"text":"48. Children, including displaced children, should have access to adequate housing that conforms to international human rights standards. Housing should be sustainable and resilient and should not be built on polluted sites or in areas facing a high risk of environmental degradation. Homes should have safe and sustainable sources of energy for cooking, heating, lighting and appropriate ventilation and be free from mould, toxic substances and smoke. There should be effective management of waste and litter, protection from traffic, excessive noise and overcrowding and access to safe drinking water and sustainable sanitation and hygiene facilities.","labels":["Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"]},{"id":"crc-c-gc-26-0049","docId":"crc-c-gc-26","idx":49,"n":49,"text":"49. Children should not be subject to forced evictions without prior provision of adequate alternative accommodation, including relocation linked to development and infrastructure projects addressing energy and/or climate mitigation and adaptation action. Child rights impact assessments should be a prerequisite for such projects. Particular attention should be paid to preserving the traditional land of Indigenous children and protecting the quality of the natural environment for the enjoyment of their rights, including their right to an adequate standard of living.[[fn:11]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":11,"text":"General comment No. 11 (2009) on Indigenous children and their rights under the Convention, paras. 34 and 35."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"]},{"id":"crc-c-gc-26-0050","docId":"crc-c-gc-26","idx":50,"n":50,"text":"50. In situations of cross-border displacement and migration linked to climate-related and environment-related events and related to armed conflict situations, the Committee underlines the importance of international cooperation and the obligation of States to undertake all appropriate legislative, administrative and other measures to ensure the rights under the Convention for all children within their jurisdiction, without discrimination. Relevant authorities should consider the risk of children’s rights violations caused by the impacts of environmental degradation, including climate change, when deciding upon admission and when reviewing claims for international protection, in particular given, for example, the particularly serious consequences for children of the insufficient provision of food or health services. States should not deport children and their families to any place where they would face a real risk of grave violations as a result of the adverse effects of environmental degradation.","labels":["Migrants","Children","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"]},{"id":"crc-c-gc-26-0051","docId":"crc-c-gc-26","idx":51,"n":51,"text":"51. Education is one of the cornerstones of a child rights-based approach to the environment. Children have highlighted that education is instrumental in protecting their rights and the environment and in increasing their awareness and preparedness for environmental damage; however, the right to education is highly vulnerable to the impact of environmental harm, as it can result in school closures and disruptions, school dropout and the destruction of schools and places to play.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"]},{"id":"crc-c-gc-26-0052","docId":"crc-c-gc-26","idx":52,"n":52,"text":"52. Article 29 (1) (e) of the Convention, requiring that the education of a child be directed to the development of respect for the natural environment, should be read in conjunction with article 28, to ensure that every child has the right to receive an education that reflects environmental values.[[fn:12]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":12,"text":"General comment No. 1 (2001) on the aims of education, para. 13."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-26-0053","docId":"crc-c-gc-26","idx":53,"n":53,"text":"53. A rights-based environmental education should be transformative, inclusive, child-centred, child-friendly and empowering. It should pursue the development of the child’s personality, talents and abilities, acknowledge the close interrelationship between respect for the natural environment and other ethical values enshrined in article 29 (1) of the Convention and have both a local and global orientation.[[fn:13]] School curricula should be tailored to children’s specific environmental, social, economic and cultural contexts and promote understanding of the contexts of other children affected by environmental degradation. Teaching materials should provide scientifically accurate, up-to-date and developmentally and age-appropriate environmental information. All children should be equipped with the skills necessary to face expected environmental challenges in life, such as disaster risks and environment-related health impacts, including the ability to critically reflect upon such challenges, solve problems, make well-balanced decisions and assume environmental responsibility, such as through sustainable lifestyles and consumption, in accordance with their evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":13,"text":"Ibid., paras. 2, 12 and 13."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-26-0054","docId":"crc-c-gc-26","idx":54,"n":54,"text":"54. Environmental values should be reflected in the education and training of all professionals involved in education, encompassing teaching methods, technologies and approaches used in education, school environments and preparing children for green jobs. Environmental education extends beyond formal schooling to embrace the broad range of lived experiences and learning. Exploratory, non-formal and practical methods, such as outdoor learning, are a preferred way of delivering this aim of education.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"]},{"id":"crc-c-gc-26-0055","docId":"crc-c-gc-26","idx":55,"n":55,"text":"55. States should build safe, healthy and resilient infrastructure for effective learning. This includes ensuring the availability of pedestrian and biking routes and public transportation to school and that schools and alternative learning facilities are located at safe distances from sources of pollution, flooding, landslides and other environmental hazards, including contaminated sites, and the construction of buildings and classrooms with adequate heating and cooling and access to sufficient, safe and acceptable drinking water[[fn:14]] and sanitation facilities. Environmentally friendly school facilities, such as those with lighting and heating sourced from renewable energy and edible gardens, can benefit children and ensure compliance by States with their environmental obligations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":14,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002), paras. 12 (c) (i) and 16 (b)."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"]},{"id":"crc-c-gc-26-0056","docId":"crc-c-gc-26","idx":56,"n":56,"text":"56. During and after water scarcity, sandstorms, heatwaves and other severe weather events, States should ensure physical access to schools, especially for children in remote or rural communities, or consider alternative teaching methods, such as mobile educational facilities and distance learning. Underserved communities should be prioritized for the climate-proofing and renovation of schools. States should ensure alternative housing for displaced populations as soon as possible to ensure that schools are not used as shelters. When responding to emergencies caused by severe weather events in areas already affected by armed conflict, States should ensure that schools do not become targets for armed groups’ activity.","labels":["Children","Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"]},{"id":"crc-c-gc-26-0057","docId":"crc-c-gc-26","idx":57,"n":57,"text":"57. States should recognize and address the disproportionate indirect and knock-on effects of environmental degradation on children’s education, paying special attention to gender-specific situations, such as children leaving school due to additional domestic and economic burdens in households facing environment-related shocks and stress.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"]},{"id":"crc-c-gc-26-0058","docId":"crc-c-gc-26","idx":58,"n":58,"text":"58. Indigenous children are disproportionately affected by biodiversity loss, pollution and climate change. States should closely consider the impact of environmental harm, such as deforestation, on traditional land and culture and the quality of the natural environment, while ensuring the rights to life, survival and development of Indigenous children. States must undertake measures to meaningfully engage with Indigenous children and their families in responding to environmental harm, including harm caused by climate change, taking due account of and integrating concepts from Indigenous cultures and traditional knowledge in mitigation and adaptation measures. While children in Indigenous communities face unique risks, they can also act as educators and advocates in applying traditional knowledge to reduce the impact of local hazards and strengthen resilience, if this knowledge is passed on and supported. Comparable measures should be taken regarding the rights of children belonging to non-Indigenous minority groups whose rights, way of life and cultural identity are intimately related to nature.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","K. Rights of Indigenous children and children belonging to minority groups (art. 30)"]},{"id":"crc-c-gc-26-0059","docId":"crc-c-gc-26","idx":59,"n":59,"text":"59. Play and recreation are essential to the health and well-being of children and promote the development of creativity, imagination, self-confidence, self-efficacy and physical, social, cognitive and emotional strength and skills. Play and recreation contribute to all aspects of learning, are critical to children’s holistic development[[fn:15]] and afford important opportunities for children to explore and experience the natural world and biodiversity, benefiting their mental health and well-being and contributing to understanding, appreciation and care for the natural environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":15,"text":"General comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts, paras. 9 and 14 (c)."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","L. Right to rest, play, leisure and recreation (art. 31)"]},{"id":"crc-c-gc-26-0060","docId":"crc-c-gc-26","idx":60,"n":60,"text":"60. Conversely, unsafe and hazardous environments undermine the realization of the rights under article 31 (1) of the Convention and are risk factors for children’s health, development and safety. Children need inclusive spaces for play that are close to their homes and free from environmental hazards. The impacts of climate change exacerbate these challenges, while climate change-related stress on household incomes may reduce children’s available time for, and ability to engage in, rest, leisure, recreation and play.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","L. Right to rest, play, leisure and recreation (art. 31)"],"citedArticles":[{"treaty":"CRC","article":"31","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-26-0061","docId":"crc-c-gc-26","idx":61,"n":61,"text":"61. States shall take effective legislative, administrative and other measures to ensure that all children, without discrimination, are able to play and engage in recreational activities in safe, clean and healthy environments, including natural spaces, parks and playgrounds. In public planning, in rural and urban settings, children’s views should be given due weight and the creation of environments promoting their well-being should be prioritized. Consideration should be given to: (a) providing access, by means of safe, affordable and accessible transportation, to green areas, large open spaces and nature for play and recreation; (b) creating a safe local environment that is for free play, free from pollution, hazardous chemicals and waste; and (c) undertaking road traffic measures to reduce pollution levels near households, schools and playgrounds, including through the design of zones in which children playing, walking and cycling have priority.","labels":["Children","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","L. Right to rest, play, leisure and recreation (art. 31)"]},{"id":"crc-c-gc-26-0062","docId":"crc-c-gc-26","idx":62,"n":62,"text":"62. States should introduce legislation, regulations and guidelines, accompanied by necessary budgetary allocations and effective monitoring and enforcement mechanisms, to ensure that third parties comply with article 31 of the Convention, including by establishing safety standards for all toys and play and recreational facilities, in particular concerning toxic substances, in urban and rural development projects. In situations of climate change-related disasters, measures should be taken to restore and protect these rights, including through the creation or restoration of safe spaces and by encouraging play and creative expression to promote resilience and psychological healing.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","L. Right to rest, play, leisure and recreation (art. 31)"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-26-0063","docId":"crc-c-gc-26","idx":63,"n":63,"text":"63. Children have the right to a clean, healthy and sustainable environment. This right is implicit in the Convention and directly linked to, in particular, the rights to life, survival and development, under article 6, to the highest attainable standard of health, including taking into consideration the dangers and risks of environmental pollution, under article 24, to an adequate standard of living, under article 27, and to education, under article 28, including the development of respect for the natural environment, under article 29.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["III. Right to a clean, healthy and sustainable environment"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-26-0064","docId":"crc-c-gc-26","idx":64,"n":64,"text":"64. The substantive elements of this right are profoundly important for children, given that they include clean air, a safe and stable climate, healthy ecosystems and biodiversity, safe and sufficient water, healthy and sustainable food and non-toxic environments.[[fn:16]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":16,"text":"See A/74/161, A/75/161, A/76/179, A/HRC/40/55, A/HRC/46/28 and A/HRC/49/53."}],"section":["III. Right to a clean, healthy and sustainable environment"]},{"id":"crc-c-gc-26-0065","docId":"crc-c-gc-26","idx":65,"n":65,"text":"Towards the realization of this right for children, the Committee considers that States should immediately take the following action: (a) Improve air quality, by reducing both outdoor and household air pollution, to prevent child mortality, especially among children under 5 years of age; (b) Ensure access to safe and sufficient water and sanitation and healthy aquatic ecosystems to prevent the spread of waterborne illnesses among children; (c) Transform industrial agriculture and fisheries to produce healthy and sustainable food aimed at preventing malnutrition and promoting children’s growth and development; (d) Equitably phase out the use of coal, oil and natural gas, ensure a fair and just transition of energy sources and invest in renewable energy, energy storage and energy efficiency to address the climate crisis; (e) Conserve, protect and restore biodiversity; (f) Prevent marine pollution, by banning the direct or indirect introduction of substances into the marine environment that are hazardous to children’s health and marine ecosystems;[[fn:17]] (g) Closely regulate and eliminate, as appropriate, the production, sale, use and release of toxic substances that have disproportionate adverse health effects on children, in particular those substances that are developmental neurotoxins.[[fn:18]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":17,"text":"Convention for the Protection of the Marine Environment of the North-East Atlantic, art. 2.2 (a)."},{"n":18,"text":"See A/HRC/49/53."}],"section":["III. Right to a clean, healthy and sustainable environment"]},{"id":"crc-c-gc-26-0066","docId":"crc-c-gc-26","idx":66,"n":66,"text":"66. Procedural elements, including access to information, participation in decision-making and child-friendly access to justice, with effective remedies, have equal importance to the empowerment of children, including through education, to become agents of their own destiny.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["III. Right to a clean, healthy and sustainable environment"]},{"id":"crc-c-gc-26-0067","docId":"crc-c-gc-26","idx":67,"n":67,"text":"67. States should incorporate children’s right to a clean, healthy and sustainable environment into their national legislation and take adequate measures to implement it in order to strengthen accountability. This right should be mainstreamed across all decisions and measures concerning children, including policies related to education, leisure, play, access to green spaces, child protection, children’s health and migration, and national frameworks for the implementation of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["III. Right to a clean, healthy and sustainable environment"]},{"id":"crc-c-gc-26-0068","docId":"crc-c-gc-26","idx":68,"n":68,"text":"68. States must ensure a clean, healthy and sustainable environment in order to respect, protect and fulfil children’s rights. The obligation to respect children’s rights requires States to refrain from violating them by causing environmental harm. They shall protect children against environmental damage from other sources and third parties, including by regulating business enterprises. States parties are also under the obligation to prevent and remediate the impacts of environmental hazards on children’s rights, even where such threats are beyond human control, for example, by establishing inclusive early warning systems. States must take urgent steps to fulfil their obligation to facilitate, promote and provide for the enjoyment by children of their rights, including their right to a clean, healthy and sustainable environment, such as by transitioning to clean energy and adopting strategies and programmes to ensure the sustainable use of water resources.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0069","docId":"crc-c-gc-26","idx":69,"n":69,"text":"69. States have a due diligence obligation to take appropriate preventive measures to protect children against reasonably foreseeable environmental harm and violations of their rights, paying due regard to the precautionary principle. This includes assessing the environmental impacts of policies and projects, identifying and preventing foreseeable harm, mitigating such harm if it is not preventable and providing for timely and effective remedies to redress both foreseeable and actual harm.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0070","docId":"crc-c-gc-26","idx":70,"n":70,"text":"70. States are also obliged to respect, protect and fulfil children’s rights that are exercised in relation to the environment. The obligation to respect rights requires that they refrain from any action that would limit children’s right to express their views on matters relating to the environment and from impeding access to accurate environmental information, and protect children from misinformation concerning environmental risks and from the risk of violence or other reprisals. The obligation to fulfil rights requires that States combat negative societal attitudes to children’s right to be heard and to facilitate their meaningful participation in environmental decision-making.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0071","docId":"crc-c-gc-26","idx":71,"n":71,"text":"71. States must take deliberate, specific and targeted steps towards achieving the full and effective enjoyment of children’s rights related to the environment, including their right to a healthy environment, including through the development of legislation, policies, strategies or plans that are science-based and consistent with relevant international guidelines related to environmental health and safety and by refraining from taking retrogressive measures that are less protective of children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0072","docId":"crc-c-gc-26","idx":72,"n":72,"text":"72. States are obliged to devote financial, natural, human, technological, institutional and informational resources to realize children’s rights in relation to the environment to the maximum extent of their available resources and, where needed, within the framework of international cooperation.[[fn:19]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":19,"text":"General comment No. 19 (2016) on public budgeting for the realization of children’s rights, para. 75."}],"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0073","docId":"crc-c-gc-26","idx":73,"n":73,"text":"73. Subject to any obligations under international law, including those contained in multilateral environmental agreements to which they are party, States retain discretion in arriving at a reasonable balance between determining the appropriate levels of environmental protection and achieving other social goals in the light of available resources. Nevertheless, such leeway is limited by the obligations of States under the Convention. Children are far more likely than adults to suffer serious harm, including irreversible and lifelong consequences and death, from environmental degradation. Given their heightened duty of care, States should therefore set and enforce environmental standards that protect children from such disproportionate and long-term effects.[[fn:20]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":20,"text":"A/HRC/37/58, paras. 56 and 57."}],"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0074","docId":"crc-c-gc-26","idx":74,"n":74,"text":"74. States should ensure the collection of reliable, regularly updated and disaggregated data and research on environmental harm, including the risks and actual impacts of climate change-related harm on children’s rights. They should include longitudinal data on the effects of environmental harm on children’s rights, in particular on health, education and standard of living at different ages. Such data and research should inform the formulation and evaluation of environmental legislation, policies, programmes and plans at all levels and must be made publicly available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0075","docId":"crc-c-gc-26","idx":75,"n":75,"text":"75. All proposed environment-related legislation, policies, projects, regulations, budgets and decisions, and those already in force, require vigorous children’s rights impact assessments, in accordance with article 3 (1) of the Convention. States should require the assessment, both before and after implementation, of the possible direct and indirect impact on the environment and climate, including the transboundary, cumulative, and both production and consumption effects, on the enjoyment of children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","B. Child rights impact assessments"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-26-0076","docId":"crc-c-gc-26","idx":76,"n":76,"text":"76. Whether child rights impact assessments are included within the framework of an environmental or integrated impact assessment, or carried out as a standalone assessment, they should incorporate a special regard for the differential impact of environmental decisions on children, in particular young children and other groups of children most at risk, as measured against all relevant rights under the Convention, including short-, medium- and long-term, combined and irreversible impacts, interactive and cumulative impacts and impacts in the different stages of childhood. For example, States that have substantial fossil fuel industries should assess the social and economic impact on children of their related decisions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","B. Child rights impact assessments"]},{"id":"crc-c-gc-26-0077","docId":"crc-c-gc-26","idx":77,"n":77,"text":"77. Child rights impact assessments should be undertaken as early as possible in the decision-making process, at crucial stages of decision-making and in follow up to the measures taken. Such assessments should be conducted with the participation of children and due weight should be given to their views and those of thematic experts. The findings should be published in child-friendly language and in the languages that children use.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","B. Child rights impact assessments"]},{"id":"crc-c-gc-26-0078","docId":"crc-c-gc-26","idx":78,"n":78,"text":"78. Businesses have the responsibility to respect children’s rights in relation to the environment. States have the obligation to protect against the abuse of child rights by third parties, including business enterprises.[[fn:21]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":21,"text":"General comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, paras. 28, 42 and 82."}],"section":["IV. General measures of implementation (art. 4)","C. Children’s rights and the business sector"]},{"id":"crc-c-gc-26-0079","docId":"crc-c-gc-26","idx":79,"n":79,"text":"79. Business activity is a source of significant environmental damage, contributing to child rights abuses. Such damage results, for example, from the production, use, release and disposal of hazardous and toxic substances, the extraction and burning of fossil fuels, industrial air and water pollution and unsustainable agriculture and fishing practices. Businesses contribute significantly to greenhouse gas emissions, which adversely affect children’s rights, and to short- and long-term infringements of their rights linked to the consequences of climate change. The impacts of business activities and operations may undermine the ability of children and their families to adapt to the impacts of climate change, for example, where land has been degraded, thereby exacerbating climate stress. States should strengthen the realization of children’s rights by sharing and making accessible existing technologies and exerting influence on business operations and value chains to prevent, mitigate and adapt to climate change.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","C. Children’s rights and the business sector"]},{"id":"crc-c-gc-26-0080","docId":"crc-c-gc-26","idx":80,"n":80,"text":"80. States have obligations to provide a framework to ensure that businesses respect children’s rights through effective, child-sensitive legislation, regulation, enforcement and policies and remedial, monitoring, coordination, collaboration and awareness-raising measures. States should require businesses to undertake child rights due diligence procedures to identify, prevent, mitigate and account for their impact on the environment and children’s rights. Such due diligence is a risk-based process that involves focusing efforts where the risks from environmental damage are severe and likely to materialize, paying special attention to the risk exposure of certain groups of children, such as working children. Immediate steps should be taken in the event that children are identified as victims to prevent further harm to their health and development and to adequately and effectively repair the damage done in a timely and effective manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","C. Children’s rights and the business sector"]},{"id":"crc-c-gc-26-0081","docId":"crc-c-gc-26","idx":81,"n":81,"text":"81. The Committee recommends the development by businesses, in partnership with stakeholders, including children, of due diligence procedures that integrate children’s rights impact assessments into their operations. Marketing standards should ensure that businesses do not mislead consumers, in particular children, through practices of green-washing or green-sheening, by which businesses falsely portray efforts to prevent or mitigate environmental harm.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","C. Children’s rights and the business sector"]},{"id":"crc-c-gc-26-0082","docId":"crc-c-gc-26","idx":82,"n":82,"text":"82. Effective remedies should be available to redress violations and promote social justice.[[fn:22]] Despite children having been at the vanguard of several environmental and climate change cases and their recognition under the Convention as rights holders, children, due to their status, encounter barriers to attaining legal standing in many States, thereby limiting their means of asserting their rights in the environmental context.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":22,"text":"General comment No. 5 (2003) on general measures of implementation of the Convention, para. 24; and International Covenant on Civil and Political Rights, art. 2 (3)."}],"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0083","docId":"crc-c-gc-26","idx":83,"n":83,"text":"83. States should provide access to justice pathways for children, including complaint mechanisms that are child-friendly, gender-responsive and disability-inclusive, to ensure their engagement with effective judicial, quasi-judicial and non-judicial mechanisms, including child-centred national human rights institutions, for violations of their rights relating to environmental harm. This includes removing barriers for children to initiate proceedings themselves, adjusting the rules of standing and empowering national human rights institutions with mandates to receive complaints from children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0084","docId":"crc-c-gc-26","idx":84,"n":84,"text":"84. Mechanisms should be available for claims of imminent or foreseeable harms and past or current violations of children’s rights. States should ensure that these mechanisms are readily available to all children under their jurisdiction, without discrimination, including children outside their territory affected by transboundary harm resulting from States’ acts or omissions occurring within their territories.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0085","docId":"crc-c-gc-26","idx":85,"n":85,"text":"85. States should provide for collective complaints, such as class action suits and public interest litigation,[[fn:23]] and extend the limitation periods regarding violations of children’s rights due to environmental harm.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":23,"text":"General comment No. 16 (2013), para. 68; and general comment No. 25 (2021), para. 44."}],"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0086","docId":"crc-c-gc-26","idx":86,"n":86,"text":"86. The complexity of cases involving environmental harm due to transboundary effects, causation and cumulative impacts necessitates effective legal representation. Litigation is often a lengthy process, and supranational bodies generally require the exhaustion of domestic remedies prior to filing a complaint. Children should have access to free legal and other appropriate assistance, including legal aid and effective legal representation, and be provided the opportunity to be heard in any judicial or administrative proceedings affecting them. States should consider additional measures to lower the costs for children seeking remedies, for example, through protection from adverse cost orders, to limit the financial risk to children who bring cases in the public interest regarding environmental matters.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0087","docId":"crc-c-gc-26","idx":87,"n":87,"text":"87. To enhance accountability and promote children’s access to justice in environmental matters, States should explore options for shifting the onerous burden of proof from child plaintiffs to establish causation in the face of numerous variables and information deficits.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0088","docId":"crc-c-gc-26","idx":88,"n":88,"text":"88. Children may face particular difficulties in obtaining remedies in cases involving business enterprises that may be causing or contributing to abuses of their rights, especially concerning transboundary and global impacts. States have an obligation to establish non-judicial and judicial mechanisms to provide access to effective remedies for abuses of children’s rights by business enterprises, including as a result of their extraterritorial activities and operations, provided that there is a reasonable link between the State and the conduct concerned. In line with international standards, businesses are expected to establish or participate in effective grievance mechanisms for children who have been victims of such abuses of their rights. States should also ensure the availability of regulatory agencies, monitor abuses and provide adequate remedies for violations of children’s rights related to environmental harm.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0089","docId":"crc-c-gc-26","idx":89,"n":89,"text":"89. Appropriate reparation includes restitution, adequate compensation, satisfaction, rehabilitation and guarantees of non-repetition, with regard to both the environment and the children affected, including access to medical and psychological assistance. Remedial mechanisms should consider the specific vulnerabilities of children to the effects of environmental degradation, including the possible irreversibility and lifelong nature of the harm. Reparation should be swift, to limit ongoing and future violations. The application of novel forms of remedy is encouraged, such as orders to establish intergenerational committees, in which children are active participants, to determine and oversee the expeditious implementation of measures to mitigate and adapt to the impacts of climate change.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0090","docId":"crc-c-gc-26","idx":90,"n":90,"text":"90. Access to applicable international and regional human rights mechanisms should be available, including through ratification of the Optional Protocol on a communications procedure. Information about such mechanisms and how to use them should be made widely known to children, parents, caregivers and professionals working with and for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0091","docId":"crc-c-gc-26","idx":91,"n":91,"text":"91. States have an obligation to take action, separately and jointly, through international cooperation, to respect, protect and fulfil children’s rights. Article 4 of the Convention emphasizes that the implementation of the Convention is a cooperative exercise for the States of the world,[[fn:24]] and the full realization of children’s rights under the Convention is in part contingent upon how States interact. Climate change, pollution and biodiversity loss clearly represent urgent examples of global threats to children’s rights that require States to work together, calling for the widest possible cooperation by all countries and their participation in an effective and appropriate international response.[[fn:25]] The obligations of international cooperation of each State depends in part on its situation. In the context of climate change, such obligations are appropriately guided by taking into account the historical and current emissions of greenhouse gases and the concept of common but differentiated responsibilities and States’ respective capabilities, in the light of different national circumstances,[[fn:26]] while requiring the provision of technical and financial assistance from developed States to developing States consistent with article 4 of the Convention. States should engage in international cooperation to ensure the conformity of standards for developing and implementing children’s rights and environmental due diligence procedures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":24,"text":"General comment No. 5 (2003), para. 60."},{"n":25,"text":"United Nations Framework Convention on Climate Change, preamble; and Human Rights Council resolutions 26/27 and 29/15."},{"n":26,"text":"United Nations Framework Convention on Climate Change, preamble and art. 3 (1); Paris Agreement, art. 2 (2); and Human Rights Council resolutions 26/27 and 29/15."}],"section":["IV. General measures of implementation (art. 4)","E. International cooperation"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-26-0092","docId":"crc-c-gc-26","idx":92,"n":92,"text":"92. In general, developed States have committed to supporting action to address the intersecting global environmental challenges in developing countries by facilitating the transfer of green technology and contributing to financing environmental measures, in line with internationally agreed climate and biodiversity finance goals. The Convention should be a core consideration in global environmental decisions, including in States’ international mitigation, adaptation and loss and damage strategies.[[fn:27]] The environment-related programmes of donor States should be rights-based, while States that receive international environmental finance and assistance should consider allocating a substantive part of that aid specifically to child-focused programmes. Implementation guidelines should be reviewed and updated to take into account the child rights obligations of States.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":27,"text":"United Nations Framework Convention on Climate Change, art. 4 (5); and Paris Agreement, art. 9 (1)."}],"section":["IV. General measures of implementation (art. 4)","E. International cooperation"]},{"id":"crc-c-gc-26-0093","docId":"crc-c-gc-26","idx":93,"n":93,"text":"93. States should ensure that environmental measures supported by international environmental finance mechanisms and international organizations respect, protect and proactively seek to fulfil children’s rights. States should integrate standards and procedures to assess the risk of harm to children into the planning and implementation of new environment-related projects and take measures to mitigate the risks of harm, in compliance with the Convention and the Optional Protocols thereto. States should cooperate to support the establishment and implementation of procedures and mechanisms to provide access to effective remedies for violations of children’s rights in this context.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","E. International cooperation"]},{"id":"crc-c-gc-26-0094","docId":"crc-c-gc-26","idx":94,"n":94,"text":"94. States should cooperate in good faith in the establishment and funding of global responses to address environmental harm suffered by people in vulnerable situations, paying particular attention to safeguarding the rights of children in the light of their specific vulnerabilities to environment-related risks and addressing the devastating impact of both sudden- and slow-onset forms of climate disruption on children, their communities and their nations. States should cooperate to invest in conflict prevention and efforts to sustain peace that will positively contribute to mitigating any environmental harm to children that could result from armed conflict and should consider the views of children in peacemaking and peacebuilding.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","E. International cooperation"]},{"id":"crc-c-gc-26-0095","docId":"crc-c-gc-26","idx":95,"n":95,"text":"95. The Committee calls for urgent collective action by all States to mitigate greenhouse gas emissions, in line with their human rights obligations. In particular, historical and current major emitters should take the lead in mitigation efforts.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0096","docId":"crc-c-gc-26","idx":96,"n":96,"text":"96. Insufficient progress in achieving international commitments to limit global warming exposes children to continuous and rapidly increasing harms associated with greater concentrations of greenhouse gas emissions and the resulting temperature increases. Scientists warn about tipping points, which are thresholds beyond which certain effects can no longer be avoided, posing dire and uncertain risks to children’s rights. Avoiding tipping points requires urgent and ambitious action to reduce atmospheric concentrations of greenhouse gases.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0097","docId":"crc-c-gc-26","idx":97,"n":97,"text":"97. Mitigation objectives and measures should be based on the best available science and be regularly reviewed to ensure a pathway to net zero carbon emissions at the latest by 2050 in a manner that prevents harm to children. The Intergovernmental Panel on Climate Change has illustrated that it is imperative to accelerate mitigation efforts in the near term, to limit the temperature increase to below 1.5°C above pre-industrial levels, and that international cooperation, equity and rights-based approaches are critical to achieving ambitious climate change mitigation goals.[[fn:28]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":28,"text":"See https://www.ipcc.ch/assessment-report/ar6/."}],"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0098","docId":"crc-c-gc-26","idx":98,"n":98,"text":"When determining the appropriateness of their mitigation measures in accordance with the Convention, and also mindful of the need to prevent and address any potential adverse effects of those measures, States should take into account the following criteria: (a) Mitigation objectives and measures should clearly indicate how they respect, protect and fulfil children’s rights under the Convention. States should transparently and explicitly focus on children’s rights when preparing, communicating and updating nationally determined contributions.[[fn:29]] This obligation extends to other processes, including biennial transparency reports, international assessments and reviews and international consultations and analyses;[[fn:30]] (b) States have an individual responsibility to mitigate climate change in order to fulfil their obligations under the Convention and international environmental law, including the commitment contained in the Paris Agreement to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels by 2030.[[fn:31]] Mitigation measures should reflect each State party’s fair share of the global effort to mitigate climate change, in the light of the total reductions necessary to protect against continuing and worsening violations of children’s rights. Each State, and all States working together, should continuously strengthen climate commitments in line with the highest possible ambition and their common but differentiated responsibilities and respective capacities. High-income States should continue to take the lead by undertaking economy-wide absolute emission reduction targets, and all States should enhance their mitigation measures in the light of their different national circumstances in a manner that protects children’s rights to the maximum possible extent;[[fn:32]] (c) Successive mitigation measures and updated pledges should represent the efforts of States in a progression over time,[[fn:33]] keeping in mind that the time frame for preventing catastrophic climate change and harm to children’s rights is shorter and requires urgent action; (d) Short-term mitigation measures should take into consideration the fact that delaying a rapid phase out of fossil fuels will result in higher cumulative emissions and thereby greater foreseeable harm to children’s rights; (e) Mitigation measures cannot rely on removing greenhouse gases from the atmosphere in the future through unproven technologies. States should prioritize rapid and effective emissions reductions now in order to support children’s full enjoyment of their rights in the shortest possible period of time and to avoid irreversible damage to nature.[[fn:34]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":29,"text":"Paris Agreement, art. 4 (2)."},{"n":30,"text":"Ibid., art. 14 (4)."},{"n":31,"text":"Ibid., art. 2 (1) (a); and Sacchi et al. v. Argentina (CRC/C/88/D/104/2019), para. 10.6. See also Sacchi et al. v. Brazil (CRC/C/88/D/105/2019), Sacchi et al. v. France (CRC/C/88/D/106/2019) and Sacchi et al. v. Germany (CRC/C/88/D/107/2019) and Sacchi et al. v. Turkey (CRC/C/88/D/108/2019)."},{"n":32,"text":"Paris Agreement, art. 4 (4)."},{"n":33,"text":"Ibid., arts. 3 and 4 (3)."},{"n":34,"text":"United Nations Framework Convention on Climate Change, arts. 4 (1) (h)–(j) and (2) (b); and Paris Agreement, preamble and arts. 4 (8), 12 and 13."}],"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0099","docId":"crc-c-gc-26","idx":99,"n":99,"text":"99. States should discontinue subsidies to public or private actors for investments in activities and infrastructure that are inconsistent with low greenhouse gas emission pathways, as a mitigation measure to prevent further damage and risk.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0100","docId":"crc-c-gc-26","idx":100,"n":100,"text":"100. Developed States should assist developing countries in planning and implementing mitigation measures, in order to help children in vulnerable situations. The assistance could include providing financial and technical expertise and information and other capacity-building measures that specifically contribute to the prevention of harm to children caused by climate change.[[fn:35]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":35,"text":"Paris Agreement, art. 13 (9)."}],"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0101","docId":"crc-c-gc-26","idx":101,"n":101,"text":"101. Since climate change-related impacts on children’s rights are intensifying, a sharp and urgent increase in the design and implementation of child-sensitive, gender-responsive and disability-inclusive adaptation measures and associated resources is necessary. States should identify climate change-related vulnerabilities among children concerning the availability, quality, equity and sustainability of essential services for children, such as water and sanitation, health care, protection, nutrition and education. States should enhance the climate resilience of their legal and institutional frameworks and ensure that their national adaptation plans and existing social, environmental and budgetary policies address climate change-related risk factors by assisting children within their jurisdiction to adapt to the unavoidable effects of climate change. Examples of such measures include strengthening child protection systems in risk-prone contexts, providing adequate access to water, sanitation and health care, as well as safe school environments, and strengthening social safety nets and protection frameworks, while giving priority to children’s right to life, survival and development. Healthy ecosystems and biodiversity also play an important role in supporting resilience and disaster risk reduction.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","B. Adaptation"]},{"id":"crc-c-gc-26-0102","docId":"crc-c-gc-26","idx":102,"n":102,"text":"102. In adaptation measures, including disaster risk reduction, preparedness, response and recovery measures, due weight should be given to the views of children. Children should be equipped to understand the effects of climate-related decisions on their rights and have opportunities to meaningfully and effectively participate in decision-making processes. Neither the design nor the implementation of adaptation measures should discriminate against groups of children at heightened risk, such as young children, girls, children with disabilities, children in situations of migration, Indigenous children and children in situations of poverty or armed conflict. States should take additional measures to ensure that children in vulnerable situations affected by climate change enjoy their rights, including by addressing the underlying causes of vulnerability.","labels":["Indigenous peoples","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","B. Adaptation"]},{"id":"crc-c-gc-26-0103","docId":"crc-c-gc-26","idx":103,"n":103,"text":"103. Adaptation measures should be targeted at reducing both the short-term and the long-term impacts, such as by sustaining livelihoods, protecting schools and developing sustainable water management systems. Measures that are necessary to protect children’s rights to life and health from imminent threats, such as extreme weather events, include establishing early warning systems and increasing the physical safety and resilience of infrastructure, including school, water and sanitation and health infrastructure, to reduce the risk of climate change-related hazards. States should adopt emergency response plans, such as measures to provide inclusive early warning systems, humanitarian assistance and access to food and water and sanitation for all. In formulating adaptive measures, the relevant national and international standards, such as those contained in the Sendai Framework for Disaster Risk Reduction 2015–2030, should also be considered. Adaptation frameworks should address climate change-induced migration and displacement and include provisions for ensuring a child rights-based approach to these issues. In the event of imminent threats of climate change-related harm, such as extreme weather events, States should ensure the immediate dissemination of all information that would enable children and their caregivers and communities to take protective measures. States should strengthen awareness among children and their communities of disaster risk reduction and prevention measures.","labels":["Migrants","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","B. Adaptation"]},{"id":"crc-c-gc-26-0104","docId":"crc-c-gc-26","idx":104,"n":104,"text":"104. In the Paris Agreement, the parties addressed the importance of averting, minimizing and addressing loss and damage associated with the adverse impacts of climate change. Through a human rights lens, the adverse impacts of climate change have led to significant losses and damages, in particular for those in the developing world.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","C. Loss and damage"]},{"id":"crc-c-gc-26-0105","docId":"crc-c-gc-26","idx":105,"n":105,"text":"105. The manner in which climate-related loss and damage affect children and their rights may be both direct and indirect. Direct impacts include instances where both sudden-onset extreme weather events, such as floods and heavy rains, and slow-onset events, such as droughts, lead to the violation of rights under the Convention. Indirect impacts may include situations in which States, communities and parents are forced to reallocate resources away from intended programmes, such as those for education and health care, towards addressing environmental crises.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","C. Loss and damage"]},{"id":"crc-c-gc-26-0106","docId":"crc-c-gc-26","idx":106,"n":106,"text":"106. In this respect, it is critical to acknowledge loss and damage as a third pillar of climate action, along with mitigation and adaptation. States are encouraged to take note that, from a human rights perspective, loss and damage are closely related to the right to remedy and the principle of reparations, including restitution, compensation and rehabilitation.[[fn:36]] States should undertake measures, including through international cooperation, to provide financial and technical assistance for addressing loss and damage that have an impact on the enjoyment of the rights under the Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":36,"text":"A/77/226, para. 26."}],"section":["V. Climate change","C. Loss and damage"]},{"id":"crc-c-gc-26-0107","docId":"crc-c-gc-26","idx":107,"n":107,"text":"107. States must take all necessary, appropriate and reasonable measures to protect against harms to children’s rights related to climate change that are caused or perpetuated by business enterprises, while businesses have the responsibility to respect children’s rights in relation to climate change. States should ensure that businesses rapidly reduce their emissions and should require businesses, including financial institutions, to conduct environmental impact assessments and children’s rights due diligence procedures to ensure that they identify, prevent, mitigate and account for how they address actual and potential adverse climate change-related impacts on children’s rights, including those resulting from production-related and consumption-related activities and those connected to their value chains and global operations.[[fn:37]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":37,"text":"General comment No. 16 (2013), para. 62."}],"section":["V. Climate change","D. Business and climate change"]},{"id":"crc-c-gc-26-0108","docId":"crc-c-gc-26","idx":108,"n":108,"text":"108. Home States have obligations to address any harm and climate change-related risks to children’s rights in the context of business enterprises’ extraterritorial activities and operations, provided that there is a reasonable link between the State and the conduct concerned, and should enable access to effective remedies for rights violations. This includes cooperation to ensure the compliance of business enterprises operating transnationally with applicable environmental standards aimed at protecting children’s rights from climate change-related harm and the provision of international assistance and cooperation with investigations and enforcement of proceedings in other States.[[fn:38]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":38,"text":"Ibid., paras. 43 and 44."}],"section":["V. Climate change","D. Business and climate change"]},{"id":"crc-c-gc-26-0109","docId":"crc-c-gc-26","idx":109,"n":109,"text":"109. States should incentivize sustainable investment in and use of renewable energy, energy storage and energy efficiency, in particular by State-owned or controlled enterprises and those that receive substantial support and services from State agencies. States should enforce progressive taxation schemes and adopt strict sustainability requirements for public procurement contracts.[[fn:39]] States can also encourage community control over the generation, management, transmission and distribution of energy to increase access to and the affordability of renewable technology and the provision of sustainable energy products and services, in particular at the community level.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":39,"text":"Ibid., para. 27."}],"section":["V. Climate change","D. Business and climate change"]},{"id":"crc-c-gc-26-0110","docId":"crc-c-gc-26","idx":110,"n":110,"text":"110. States should ensure that their obligations under trade or investment agreements do not impede their ability to meet their human rights obligations and that such agreements promote rapid reductions in greenhouse gas emissions and other measures to mitigate the causes and effects of climate change, including through the facilitation of investment in renewable energy.[[fn:40]] The climate change-related impacts on children’s rights connected to the implementation of the agreements should be regularly assessed, allowing for corrective measures, as appropriate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":40,"text":"Committee on Economic, Social and Cultural Rights general comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities, para. 13."}],"section":["V. Climate change","D. Business and climate change"]},{"id":"crc-c-gc-26-0111","docId":"crc-c-gc-26","idx":111,"n":111,"text":"111. Both international climate finance providers and recipient States should ensure that climate finance mechanisms are anchored in a child rights-based approach aligned with the Convention and the Optional Protocols thereto. States should ensure that any climate finance mechanisms uphold and do not violate children’s rights, increase policy coherence between children’s rights obligations and other objectives, such as economic development, and strengthen the demarcation of roles of various stakeholders in climate finance, such as Governments, financial institutions, including banks, businesses and affected communities, especially children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","E. Climate finance"]},{"id":"crc-c-gc-26-0112","docId":"crc-c-gc-26","idx":112,"n":112,"text":"112. In line with the principle of common but differentiated responsibilities and respective capabilities, States’ national circumstances need to be taken into account in efforts to address climate change. Developed States should cooperate with developing States in providing climate finance for climate action that upholds children’s rights, in line with the international climate-related commitments that States have made. In particular, despite the link between various financing mechanisms, including on sustainable development, climate finance provided by developed States should be transparent, additional to other financial flows that support children’s rights and properly accounted for, including by avoiding tracking challenges such as double counting.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","E. Climate finance"]},{"id":"crc-c-gc-26-0113","docId":"crc-c-gc-26","idx":113,"n":113,"text":"113. Developed States need to urgently and collectively address the current climate finance gap. The current distribution of climate finance, which is overly slanted towards mitigation at the cost of adaptation and loss and damage measures, has discriminatory effects on children who reside in settings where more adaptation measures are needed and children who are confronted with the limitations of adaptation. States should bridge the global climate finance gap and ensure that measures are financed in a balanced manner with consideration given to measures on adaptation, mitigation, loss and damage and broader means of implementation, such as technical assistance and capacity-building. The determination by States of the total global climate finance required should be informed by the documented needs of communities, especially to protect children and their rights. Climate finance provided to developing countries should be in the form of grants, rather than loans, to avoid negative impacts on children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","E. Climate finance"]},{"id":"crc-c-gc-26-0114","docId":"crc-c-gc-26","idx":114,"n":114,"text":"114. States should ensure and facilitate access for affected communities, especially children, to information on activities supported by climate finance, including possibilities to lodge complaints alleging violations of children’s rights. States should devolve decision-making on climate finance to strengthen the participation of beneficiary communities, especially children, and make the approval and execution of climate finance subject to a child rights impact assessment to prevent and address the financing of measures that could lead to the violation of children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","E. Climate finance"]},{"id":"crc-c-gc-26-0115","docId":"crc-c-gc-26","idx":115,"n":115,"text":"115. Children are calling for the collective action of States. According to two children consulted for the present general comment: “The Governments of each country should cooperate to reduce climate change.” “They need to acknowledge us and say, ‘we hear you; here is what we are going to do about this problem’.”[[fn:41]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":41,"text":"See https://childrightsenvironment.org/reports/."}],"section":["V. Climate change","E. Climate finance"]},{"id":"crc-gc-2003-3-0001","docId":"crc-gc-2003-3","idx":1,"n":1,"text":"1. The HIV/AIDS epidemic has drastically changed the world in which children live. Millions of children have been infected and have died and many more are gravely affected as HIV spreads through their families and communities. The epidemic impacts on the daily life of younger children, and increases the victimization and marginalization of children, especially those living in particularly difficult circumstances. HIV/AIDS is not a problem of some countries but of the entire world. To truly bring its impact on children under control will require concerted and well-targeted efforts from all countries at all stages of development.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-3-0002","docId":"crc-gc-2003-3","idx":2,"n":2,"text":"2. Initially children were considered to be only marginally affected by the epidemic. However, the international community has discovered that, unfortunately, children are at the heart of the problem. According to the Joint United Nations Programme on HIV/AIDS (UNAIDS), the most recent trends are alarming: in most parts of the world the majority of new infections are among young people between the ages of 15 and 24, sometimes younger. Women, including young girls, are also increasingly becoming infected. In most regions of the world, the vast majority of infected women do not know that they are infected and may unknowingly infect their children. Consequently, many States have recently registered an increase in their infant and child mortality rates. Adolescents are also vulnerable to HIV/AIDS because their first sexual experience may take place in an environment in which they have no access to proper information and guidance. Children who use drugs are at high risk.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-3-0003","docId":"crc-gc-2003-3","idx":3,"n":3,"text":"3. Yet, all children can be rendered vulnerable by the particular circumstances of their lives, especially (a) children who are themselves HIV-infected; (b) children who are affected by the epidemic because of the loss of a parental caregiver or teacher and/or because their families or communities are severely strained by its consequences; and (c) children who are most prone to be infected or affected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-3-0004","docId":"crc-gc-2003-3","idx":4,"n":4,"text":"The objectives of the present General Comment are: (a)To identify further and strengthen understanding of all the human rights of children in the context of HIV/AIDS; (b)To promote the realization of the human rights of children in the context of HIV/AIDS, as guaranteed under the Convention on the Rights of the Child (hereafter “the Convention”); (c)To identify measures and good practices to increase the level of implementation by States of the rights related to the prevention of HIV/AIDS and the support, care and protection of children infected with or affected by this pandemic; (d)To contribute to the formulation and promotion of child-oriented plans of action, strategies, laws, polices and programmes to combat the spread and mitigate the impact of HIV/AIDS at the national and international levels.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. THE OBJECTIVES OF THE PRESENT GENERAL COMMENT"]},{"id":"crc-gc-2003-3-0005","docId":"crc-gc-2003-3","idx":5,"n":5,"text":"5. The issue of children and HIV/AIDS is perceived as mainly a medical or health problem, although in reality it involves a much wider range of issues. In this regard, the right to health (article 24 of the Convention) is, however, central. But HIV/AIDS impacts so heavily on the lives of all children that it affects all their rights - civil, political, economic, social and cultural. The rights embodied in the general principles of the Convention - the right to nondiscrimination (art. 2), the right of the child to have his/her interest as a primary consideration (art. 3), the right to life, survival and development (art. 6) and the right to have his/her views respected (art. 12) - should therefore be the guiding themes in the consideration of HIV/AIDS at all levels of prevention, treatment, care and support.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-3-0006","docId":"crc-gc-2003-3","idx":6,"n":6,"text":"6. Adequate measures to address HIV/AIDS can be undertaken only if the rights of children and adolescents are fully respected. The most relevant rights in this regard, in addition to those enumerated in paragraph 5 above, are the following: the right to access information and material aimed at the promotion of their social, spiritual and moral wellbeing and physical and mental health (art. 17); the right to preventive health care, sex education and family planning education and services (art. 24 (f)); the right to an appropriate standard of living (art. 27); the right to privacy (art. 16); the right not to be separated from parents (art. 9); the right to be protected from violence (art. 19); the right to special protection and assistance by the State (art. 20); the rights of children with disabilities (art. 23); the right to health (art. 24); the right to social security, including social insurance (art. 26); the right to education and leisure (arts. 28 and 31); the right to be protected from economic and sexual exploitation and abuse, and from illicit use of narcotic drugs (arts. 32, 33, 34 and 36); the right to be protected from abduction, sale and trafficking as well as torture or other cruel, inhuman or degrading treatment or punishment (arts. 35 and 37); and the right to physical and psychological recovery and social reintegration (art. 39). Children are confronted with serious challenges to the above-mentioned rights as a result of the epidemic. The Convention, and in particular the four general principles with their comprehensive approach, provide a powerful framework for efforts to reduce the negative impact of the pandemic on the lives of children. The holistic rights-based approach required to implement the Convention is the optimal tool for addressing the broader range of issues that relate to prevention, treatment and care efforts.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"16","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"26","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-3-0007","docId":"crc-gc-2003-3","idx":7,"n":7,"text":"7. Discrimination is responsible for heightening the vulnerability of children to HIV and AIDS, as well as seriously impacting the lives of children who are affected by HIV/AIDS, or are themselves HIV infected. Girls and boys of parents living with HIV/AIDS are often victims of stigma and discrimination as they too are often assumed to be infected. As a result of discrimination, children are denied access to information, education (see the Committee’s General Comment No. 1 on the aims of education), health or social care services or community life. At its extreme, discrimination against HIVinfected children has resulted in their abandonment by their family, community and/or society. Discrimination also fuels the epidemic by making children in particular those belonging to certain groups like children living in remote or rural areas where services are less accessible, more vulnerable to infection. These children are thus doubly victimized.","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","A. The right to non-discrimination (art. 2)"]},{"id":"crc-gc-2003-3-0008","docId":"crc-gc-2003-3","idx":8,"n":8,"text":"8. Of particular concern is genderbased discrimination combined with taboos or negative or judgemental attitudes to sexual activity of girls, often limiting their access to preventive measures and other services. Of concern also is discrimination based on sexual orientation. In the design of HIV/AIDS-related strategies, and in keeping with their obligations under the Convention, States parties must give careful consideration to prescribed gender norms within their societies with a view to eliminating gender-based discrimination as these norms impact on the vulnerability of both girls and boys to HIV/AIDS. States parties should, in particular, recognize that discrimination in the context of HIV/AIDS often impacts girls more severely than boys.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","A. The right to non-discrimination (art. 2)"]},{"id":"crc-gc-2003-3-0009","docId":"crc-gc-2003-3","idx":9,"n":9,"text":"9. All the above-mentioned discriminatory practices are violations of children’s rights under the Convention. Article 2 of the Convention obliges States parties to ensure all the rights set forth in the Convention without discrimination of any kind, “irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status”. The Committee interprets “other status” under article 2 of the Convention to include HIV/AIDS status of the child or his/her parent(s). Laws, policies, strategies and practices should address all forms of discrimination that contribute to increasing the impact of the epidemic. Strategies should also promote education and training programmes explicitly designed to change attitudes of discrimination and stigmatization associated with HIV/AIDS.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","A. The right to non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2003-3-0010","docId":"crc-gc-2003-3","idx":10,"n":10,"text":"10. Policies and programmes for the prevention, care and treatment of HIV/AIDS have generally been designed for adults with scarce attention to the principle of the best interests of the child as a primary consideration. Article 3, paragraph 1, of the Convention states “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. The obligations attached to this right are fundamental to guiding the action of States in relation to HIV/AIDS. The child should be placed at the centre of the response to the pandemic, and strategies should be adapted to children’s rights and needs.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","B. Best interests of the child (art. 3)"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-gc-2003-3-0011","docId":"crc-gc-2003-3","idx":11,"n":11,"text":"11. Children have the right not to have their lives arbitrarily taken, as well as to benefit from economic and social policies that will allow them to survive into adulthood and develop in the broadest sense of the word. State obligation to realize the right to life, survival and development also highlights the need to give careful attention to sexuality as well as to the behaviours and lifestyles of children, even if they do not conform with what society determines to be acceptable under prevailing cultural norms for a particular age group. In this regard, the female child is often subject to harmful traditional practices, such as early and/or forced marriage, which violate her rights and make her more vulnerable to HIV infection, including because such practices often interrupt access to education and information. Effective prevention programmes are only those that acknowledge the realities of the lives of adolescents, while addressing sexuality by ensuring equal access to appropriate information, life skills, and to preventive measures.","labels":["Women/girls","Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","C. The right to life, survival and development (art. 6)"]},{"id":"crc-gc-2003-3-0012","docId":"crc-gc-2003-3","idx":12,"n":12,"text":"12. Children are rights holders and have a right to participate, in accordance with their evolving capacities, in raising awareness by speaking out about the impact of HIV/AIDS on their lives and in the development of HIV/AIDS policies and programmes. Interventions have been found to benefit children most when they are actively involved in assessing needs, devising solutions, shaping strategies and carrying them out rather than being seen as objects for whom decisions are made. In this regard, the participation of children as peer educators, both within and outside schools, should be actively promoted. States, international agencies and nongovernmental organizations must provide children with a supportive and enabling environment to carry out their own initiatives, and to fully participate at both community and national levels in HIV policy and programme conceptualization, design, implementation, coordination, monitoring and review. A variety of approaches are likely to be necessary to ensure the participation of children from all sectors of society, including mechanisms which encourage children, consistent with their evolving capacities, to express their views, have them heard, and given due weight in accordance with their age and maturity (art. 12, para. 1). Where appropriate, the involvement of children living with HIV/AIDS in raising awareness, by sharing their experiences with their peers and others, is critical both to effective prevention and to reducing stigmatization and discrimination. States parties must ensure that children who participate in these awareness-raising efforts do so voluntarily, after being counselled, and that they receive both the social support and legal protection to allow them to lead normal lives during and after their involvement.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","D. The right to express views and have them taken into account (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-3-0013","docId":"crc-gc-2003-3","idx":13,"n":13,"text":"13. Experience has shown that many obstacles hinder effective prevention, delivery of care services and support for community initiatives on HIV/AIDS. These are mainly cultural, structural and financial. Denying that a problem exists, cultural practices and attitudes, including taboos and stigmatization, poverty and patronizing attitudes towards children are just some of the obstacles that may block the political and individual commitment needed for effective programmes.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","E. Obstacles"]},{"id":"crc-gc-2003-3-0014","docId":"crc-gc-2003-3","idx":14,"n":14,"text":"14. With regard to financial, technical and human resources, the Committee is aware that such resources may not be immediately available. However, concerning this obstacle, the Committee wishes to remind States parties of their obligations under article 4. It further notes that resource constraints should not be used by States parties to justify their failure to take any or enough of the technical or financial measures required. Finally, the Committee wishes to emphasize in this regard the essential role of international cooperation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","E. Obstacles"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2003-3-0015","docId":"crc-gc-2003-3","idx":15,"n":15,"text":"15. The Committee wishes to stress that prevention, care, treatment and support are mutually reinforcing elements and provide a continuum within an effective response to HIV/AIDS.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT"]},{"id":"crc-gc-2003-3-0016","docId":"crc-gc-2003-3","idx":16,"n":16,"text":"16. Consistent with the obligations of States parties in relation to the rights to health and information (arts. 24, 13 and 17), children should have the right to access adequate information related to HIV/AIDS prevention and care, through formal channels (e.g. through educational opportunities and child-targeted media) as well as informal channels (e.g. those targeting street children, institutionalized children or children living in difficult circumstances). States parties are reminded that children require relevant, appropriate and timely information which recognizes the differences in levels of understanding among them, is tailored appropriately to age level and capacity and enables them to deal positively and responsibly with their sexuality in order to protect themselves from HIV infection. The Committee wishes to emphasize that effective HIV/AIDS prevention requires States to refrain from censoring, withholding or intentionally misrepresenting health-related information, including sexual education and information, and that, consistent with their obligations to ensure the right to life, survival and development of the child (art. 6), States parties must ensure that children have the ability to acquire the knowledge and skills to protect themselves and others as they begin to express their sexuality.","labels":["Children","Persons in street situations","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","A. Information on HIV prevention and awareness-raising"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-gc-2003-3-0017","docId":"crc-gc-2003-3","idx":17,"n":17,"text":"17. Dialogue with community, family and peer counsellors, and the provision of “life skills” education within schools, including skills in communicating on sexuality and healthy living, have been found to be useful approaches to delivering HIV prevention messages to both girls and boys, but different approaches may be necessary to reach different groups of children. States parties must make efforts to address gender differences as they may impact on the access children have to prevention messages, and ensure that children are reached with appropriate prevention messages even if they face constraints due to language, religion, disability or other factors of discrimination. Particular attention must be paid to raising awareness among hardtoreach populations. In this respect, the role of the mass media and/or oral tradition in ensuring that children have access to information and material, as recognized in article 17 of the Convention, is crucial both to providing appropriate information and to reducing stigmatization and discrimination. States parties should support the regular monitoring and evaluation of HIV/AIDS awareness campaigns to ascertain their effectiveness in providing information, reducing ignorance, stigmatization and discrimination, as well as addressing fear and misperceptions concerning HIV and its transmission among children, including adolescents.","labels":["Women/girls","Children","Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","A. Information on HIV prevention and awareness-raising"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-gc-2003-3-0018","docId":"crc-gc-2003-3","idx":18,"n":18,"text":"18. Education plays a critical role in providing children with relevant and appropriate information on HIV/AIDS, which can contribute to increased awareness and better understanding of this pandemic and prevent negative attitudes towards victims of HIV/AIDS (see also the Committee’s General Comment No. 1 on the aims of education). Furthermore, education can and should empower children to protect themselves from the risk of HIV infection. In this regard, the Committee wishes to remind States parties of their obligation to ensure that primary education is available to all children, whether infected, orphaned or otherwise affected by HIV/AIDS. In many communities where HIV has spread widely, children from affected families, in particular girls, are facing serious difficulties staying in school and the number of teachers and other school employees lost to AIDS is limiting and threatening to destroy the ability of children to access education. States parties must make adequate provision to ensure that children affected by HIV/AIDS can stay in school and ensure the qualified replacement of sick teachers so that children’s regular attendance at schools is not affected, and that the right to education (art. 28) of all children living within these communities is fully protected.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","B. The role of education"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-gc-2003-3-0019","docId":"crc-gc-2003-3","idx":19,"n":19,"text":"19. States parties must make every effort to ensure that schools are safe places for children, which offer them security and do not contribute to their vulnerability to HIV infection. In accordance with article 34 of the Convention, States parties are under obligation to take all appropriate measures to prevent, inter alia, the inducement or coercion of a child to engage in any unlawful sexual activity.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","B. The role of education"],"citedArticles":[{"treaty":"CRC","article":"34","source":"regex"}]},{"id":"crc-gc-2003-3-0020","docId":"crc-gc-2003-3","idx":20,"n":20,"text":"20. The Committee is concerned that health services are generally still insufficiently responsive to the needs of children under 18 years of age, in particular adolescents. As the Committee has noted on numerous occasions, children are more likely to use services that are friendly and supportive, provide a wide range of services and information, are geared to their needs, give them the opportunity to participate in decisions affecting their health, are accessible, affordable, confidential and non-judgemental, do not require parental consent and are not discriminatory. In the context of HIV/AIDS and taking into account the evolving capacities of the child, States parties are encouraged to ensure that health services employ trained personnel who fully respect the rights of children to privacy (art. 16) and non-discrimination in offering them access to HIVrelated information, voluntary counselling and testing, knowledge of their HIV status, confidential sexual and reproductive health services, and free or lowcost contraceptive, methods and services, as well as HIV-related care and treatment if and when needed, including for the prevention and treatment of health problems related to HIV/AIDS, e.g. tuberculosis and opportunistic infections.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","C. Child and adolescent sensitive health services"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2003-3-0021","docId":"crc-gc-2003-3","idx":21,"n":21,"text":"21. In some countries, even when child- and adolescent-friendly HIV-related services are available, they are not sufficiently accessible to children with disabilities, indigenous children, children belonging to minorities, children living in rural areas, children living in extreme poverty or children who are otherwise marginalized within the society. In others, where the health system’s overall capacity is already strained, children with HIV have been routinely denied access to basic health care. States parties must ensure that services are provided to the maximum extent possible to all children living within their borders, without discrimination, and that they sufficiently take into account differences in gender, age and the social, economic, cultural and political context in which children live.","labels":["Indigenous peoples","Children","Persons living with HIV/AIDS","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","C. Child and adolescent sensitive health services"]},{"id":"crc-gc-2003-3-0022","docId":"crc-gc-2003-3","idx":22,"n":22,"text":"22. The accessibility of voluntary, confidential HIV counselling and testing services, with due attention to the evolving capacities of the child, is fundamental to the rights and health of children. Such services are critical to children’s ability to reduce the risk of contracting or transmitting HIV, to access HIV-specific care, treatment and support, and to better plan for their futures. Consistent with their obligation under article 24 of the Convention to ensure that no child is deprived of his or her right of access to necessary health services, States parties should ensure access to voluntary, confidential HIV counselling and testing for all children.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","D. HIV counselling and testing"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2003-3-0023","docId":"crc-gc-2003-3","idx":23,"n":23,"text":"23. The Committee wishes to stress that, as the duty of States parties is first and foremost to ensure that the rights of the child are protected, States parties must refrain from imposing mandatory HIV/AIDS testing of children in all circumstances and ensure protection against it. While the evolving capacities of the child will determine whether consent is required from him or her directly or from his or her parent or guardian, in all cases, consistent with the child’s right to receive information under articles 13 and 17 of the Convention, States parties must ensure that, prior to any HIV testing, whether by health-care providers in relation to children who are accessing health services for another medical condition or otherwise, the risks and benefits of such testing are sufficiently conveyed so that an informed decision can be made.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","D. HIV counselling and testing"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-gc-2003-3-0024","docId":"crc-gc-2003-3","idx":24,"n":24,"text":"24. States parties must protect the confidentiality of HIV test results, consistent with the obligation to protect the right to privacy of children (art. 16), including within health and social welfare settings, and information on the HIV status of children may not be disclosed to third parties, including parents, without the child’s consent.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","D. HIV counselling and testing"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2003-3-0025","docId":"crc-gc-2003-3","idx":25,"n":25,"text":"25. Mother-to-child transmission (MTCT) is responsible for the majority of HIV infections in infants and young children. Infants and young children can be infected with HIV during pregnancy, labour and delivery, and through breastfeeding. States parties are requested to ensure implementation of the strategies recommended by the United Nations agencies to prevent HIV infection in infants and young children. These include: (a) the primary prevention of HIV infection among parents-to-be; (b) the prevention of unintended pregnancies in HIV-infected women, (c) the prevention of HIV transmission from HIV-infected women to their infants; and (d) the provision of care, treatment and support to HIV-infected women, their infants and families.","labels":["Women/girls","Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","E. Mother-to-child transmission"]},{"id":"crc-gc-2003-3-0026","docId":"crc-gc-2003-3","idx":26,"n":26,"text":"26. To prevent MTCT of HIV, States parties must take steps, including the provision of essential drugs, e.g. anti-retroviral drugs, appropriate antenatal, delivery and post-partum care, and making HIV voluntary counselling and testing services available to pregnant women and their partners. The Committee recognizes that anti-retroviral drugs administered to a woman during pregnancy and/or labour and, in some regimens, to her infant, have been shown to significantly reduce the risk of transmission from mother to child. However, in addition, States parties should provide support for mothers and children, including counselling on infant feeding options. States parties are reminded that counselling of HIV-positive mothers should include information about the risks and benefits of different infant feeding options, and guidance on selecting the option most likely to be suitable for their situation. Follow-up support is also required in order for women to be able to implement their selected option as safely as possible.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","E. Mother-to-child transmission"]},{"id":"crc-gc-2003-3-0027","docId":"crc-gc-2003-3","idx":27,"n":27,"text":"27. Even in populations with high HIV prevalence, the majority of infants are born to women who are not HIV-infected. For the infants of HIV-negative women and women who do not know their HIV status, the Committee wishes to emphasize, consistent with articles 6 and 24 of the Convention, that breastfeeding remains the best feeding choice. For the infants of HIVpositive mothers, available evidence indicates that breastfeeding can add to the risk of HIV transmission by 10-20 per cent, but that lack of breastfeeding can expose children to an increased risk of malnutrition or infectious diseases other than HIV. United Nations agencies have recommended that, where replacement feeding is affordable, feasible, acceptable, sustainable and safe, avoidance of all breastfeeding by HIV-infected mothers is recommended; otherwise, exclusive breastfeeding is recommended during the first months of life and should then be discontinued as soon as it is feasible.","labels":["Women/girls","Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","E. Mother-to-child transmission"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2003-3-0028","docId":"crc-gc-2003-3","idx":28,"n":28,"text":"28. The obligations of States parties under the Convention extend to ensuring that children have sustained and equal access to comprehensive treatment and care, including necessary HIVrelated drugs, goods and services on a basis of non-discrimination. It is now widely recognized that comprehensive treatment and care includes anti-retroviral and other drugs, diagnostics and related technologies for the care of HIV/AIDS, related opportunistic infections and other conditions, good nutrition, and social, spiritual and psychological support, as well as family, community and home-based care. In this regard, States parties should negotiate with the pharmaceutical industry in order to make the necessary medicines locally available at the lowest costs possible. Furthermore, States parties are requested to affirm, support and facilitate the involvement of communities in the provision of comprehensive HIV/AIDS treatment, care and support, while at the same time complying with their own obligations under the Convention. States parties are called upon to pay special attention to addressing those factors within their societies that hinder equal access to treatment, care and support for all children.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","F. Treatment and care"]},{"id":"crc-gc-2003-3-0029","docId":"crc-gc-2003-3","idx":29,"n":29,"text":"29. Consistent with article 24 of the Convention, States parties must ensure that HIV/AIDS research programmes include specific studies that contribute to effective prevention, care, treatment and impact reduction for children. States parties must, nonetheless, ensure that children do not serve as research subjects until an intervention has already been thoroughly tested on adults. Rights and ethical concerns have arisen in relation to HIV/AIDS biomedical research, HIV/ADS operations, and social, cultural and behavioural research. Children have been subjected to unnecessary or inappropriately designed research with little or no voice to either refuse or consent to participation. In line with the child’s evolving capacities, consent of the child should be sought and consent may be sought from parents or guardians if necessary, but in all cases consent must be based on full disclosure of the risks and benefits of research to the child. States parties are further reminded to ensure that the privacy rights of children, in line with their obligations under article 16 of the Convention, are not inadvertently violated through the research process and that personal information about children, which is accessed through research, is, under no circumstances, used for purposes other than that for which consent was given. States parties must make every effort to ensure that children and, according to their evolving capacities, their parents and/or their guardians participate in decisions on research priorities and that a supportive environment is created for children who participate in such research.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","G. Involvement of children in research"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2003-3-0030","docId":"crc-gc-2003-3","idx":30,"n":30,"text":"The vulnerability of children to HIV/AIDS resulting from political, economic, social, cultural and other factors determines the likelihood of their being left with insufficient support to cope with the impact of HIV/AIDS on their families and communities, exposed to the risk of infection, subjected to inappropriate research, or deprived of access to treatment, care and support if and when HIV infection sets in. Vulnerability to HIV/AIDS is most acute for children living in refugee and internally displaced persons camps, children in detention, children living in institutions, as well as children living in extreme poverty, children living in situations of armed conflict, child soldiers, economically and sexually exploited children, and disabled, migrant, minority, indigenous, and street children. However, all children can be rendered vulnerable by the particular circumstances of their lives. Even in times of severe resource constraints, the Committee wishes to note that the rights of vulnerable members of society must be protected and that many measures can be pursued with minimum resource implications. Reducing vulnerability to HIV/AIDS requires first and foremost that children, their families and communities be empowered to make informed choices about decisions, practices or policies affecting them in relation to HIV/AIDS.","labels":["Refugees & asylum-seekers","Children","Persons in street situations","Persons living with HIV/AIDS","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION"]},{"id":"crc-gc-2003-3-0031","docId":"crc-gc-2003-3","idx":31,"n":31,"text":"31. Special attention must be given to children orphaned by AIDS and to children from affected families, including child-headed households, as these impact on vulnerability to HIV infection. For children from families affected by HIV/AIDS, the stigmatization and social isolation they experience may be accentuated by the neglect or violation of their rights, in particular discrimination resulting in a decrease or loss of access to education, health and social services. The Committee wishes to underline the necessity of providing legal, economic and social protection to affected children to ensure their access to education, inheritance, shelter and health and social services, as well as to make them feel secure in disclosing their HIV status and that of their family members when the children deem it appropriate. In this respect, States parties are reminded that these measures are critical to the realization of the rights of children and to giving them the skills and support necessary to reduce their vulnerability and risk of becoming infected.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","A. Children affected and orphaned by HIV/AIDS"]},{"id":"crc-gc-2003-3-0032","docId":"crc-gc-2003-3","idx":32,"n":32,"text":"32. The Committee wishes to emphasize the critical implications of proof of identity for children affected by HIV/AIDS, as it relates to securing recognition as a person before the law, safeguarding the protection of rights, in particular to inheritance, education, health and other social services, as well as to making children less vulnerable to abuse and exploitation, particularly if separated from their families due to illness or death. In this respect, birth registration is critical to ensuring the rights of the child and is also necessary to minimize the impact of HIV/AIDS on the lives of affected children. States parties are, therefore, reminded of their obligation under article 7 of the Convention to ensure that systems are in place for the registration of every child at or immediately after birth.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","A. Children affected and orphaned by HIV/AIDS"],"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"}]},{"id":"crc-gc-2003-3-0033","docId":"crc-gc-2003-3","idx":33,"n":33,"text":"33. The trauma HIV/AIDS brings to the lives of orphans often begins with the illness and death of one of their parents, and is frequently compounded by the effects of stigmatization and discrimination. In this respect, States parties are particularly reminded to ensure that both law and practice support the inheritance and property rights of orphans, with particular attention to the underlying gender-based discrimination which may interfere with the fulfilment of these rights. Consistent with their obligations under article 27 of the Convention, States parties must also support and strengthen the capacity of families and communities of children orphaned by AIDS to provide them with a standard of living adequate for their physical, mental, spiritual, moral, economic and social development, including access to psychosocial care, as needed.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","A. Children affected and orphaned by HIV/AIDS"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-gc-2003-3-0034","docId":"crc-gc-2003-3","idx":34,"n":34,"text":"34. Orphans are best protected and cared for when efforts are made to enable siblings to remain together, and in the care of relatives or family members. The extended family, with the support of the surrounding community, may be the least traumatic and therefore the best way to care for orphans when there are no other feasible alternatives. Assistance must be provided so that, to the maximum extent possible, children can remain within existing family structures. This option may not be available due to the impact HIV/AIDS has on the extended family. In that case, States parties should provide, as far as possible, for family-type alternative care (e.g. foster care). States parties are encouraged to provide support, financial and otherwise, when necessary, to child-headed households. States parties must ensure that their strategies recognize that communities are at the front line of the response to HIV/AIDS and that these strategies are designed to assist communities in determining how best to provide support to the orphans living there.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","A. Children affected and orphaned by HIV/AIDS"]},{"id":"crc-gc-2003-3-0035","docId":"crc-gc-2003-3","idx":35,"n":35,"text":"35. Although institutionalized care may have detrimental effects on child development, States parties may, nonetheless, determine that it has an interim role to play in caring for children orphaned by HIV/AIDS when family-based care within their own communities is not a possibility. It is the opinion of the Committee that any form of institutionalized care for children should only serve as a measure of last resort, and that measures must be fully in place to protect the rights of the child and guard against all forms of abuse and exploitation. In keeping with the right of children to special protection and assistance when within these environments, and consistent with articles 3, 20 and 25 of the Convention, strict measures are needed to ensure that such institutions meet specific standards of care and comply with legal protection safeguards. States parties are reminded that limits must be placed on the length of time children spend in these institutions, and programmes must be developed to support any children who stay in these institutions, whether infected or affected by HIV/AIDS, to successfully reintegrate them into their communities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","A. Children affected and orphaned by HIV/AIDS"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"},{"treaty":"CRC","article":"25","source":"regex"}]},{"id":"crc-gc-2003-3-0036","docId":"crc-gc-2003-3","idx":36,"n":36,"text":"36. Girls and boys who are deprived of the means of survival and development, particularly children orphaned by AIDS, may be subjected to sexual and economic exploitation in a variety of ways, including the exchange of sexual services or hazardous work for money to survive, support their sick or dying parents and younger siblings, or to pay for school fees. Children who are infected or directly affected by HIV/AIDS may find themselves at a double disadvantage - experiencing discrimination on the basis of both their social and economic marginalization and their, or their parents’, HIV status. Consistent with the right of children under articles 32, 34, 35 and 36 of the Convention, and in order to reduce children’s vulnerability to HIV/AIDS, States parties are under obligation to protect children from all forms of economic and sexual exploitation, including ensuring they do not fall prey to prostitution networks, and that they are protected from performing any work likely to be prejudicial to, or to interfere with, their education, health, or physical, mental, spiritual, moral or social development. States parties must take bold action to protect children from sexual and economic exploitation, trafficking and sale and, consistent with the rights under article 39, create opportunities for those who have been subjected to such treatment to benefit from the support and caring services of the State and nongovernmental entities engaged in these issues.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","B. Victims of sexual and economic exploitation"],"citedArticles":[{"treaty":"CRC","article":"32","source":"regex"},{"treaty":"CRC","article":"34","source":"regex"},{"treaty":"CRC","article":"35","source":"regex"},{"treaty":"CRC","article":"36","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-3-0037","docId":"crc-gc-2003-3","idx":37,"n":37,"text":"37. Children may be exposed to various forms of violence and abuse which may increase the risk of their becoming HIV-infected, and may also be subjected to violence as a result of their being infected or affected by HIV/AIDS. Violence, including rape and other forms of sexual abuse, can occur in the family or foster setting or may be perpetrated by those with specific responsibilities towards children, including teachers and employees of institutions working with children, such as prisons and institutions concerned with mental health and other disabilities. In keeping with the rights of the child set forth in article 19 of the Convention, States parties have the obligation to protect children from all forms of violence and abuse, whether at home, in school or other institutions, or in the community.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","C. Victims of violence and abuse"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-gc-2003-3-0038","docId":"crc-gc-2003-3","idx":38,"n":38,"text":"38. Programmes must be specifically adapted to the environment in which children live, to their ability to recognize and report abuses and to their individual capacity and autonomy. The Committee considers that the relationship between HIV/AIDS and the violence or abuse suffered by children in the context of war and armed conflict requires specific attention. Measures to prevent violence and abuse in these situations are critical, and States parties must ensure the incorporation of HIV/AIDS and child rights issues in addressing and supporting children - girls and boys - who were used by military or other uniformed personnel to provide domestic help or sexual services, or who are internally displaced or living in refugee camps. In keeping with States parties’ obligations, including under articles 38 and 39 of the Convention, active information campaigns, combined with the counselling of children and mechanisms for the prevention and early detection of violence and abuse, must be put in place within conflict- and disaster-affected regions, and must form part of national and community responses to HIV/AIDS.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","C. Victims of violence and abuse"],"citedArticles":[{"treaty":"CRC","article":"38","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-3-0039","docId":"crc-gc-2003-3","idx":39,"n":39,"text":"39. The use of substances, including alcohol and drugs, may reduce the ability of children to exert control over their sexual conduct and, as a result, may increase their vulnerability to HIV infection. Injecting practices using unsterilized instruments further increase the risk of HIV transmission. The Committee notes that greater understanding of substance use behaviours among children is needed, including the impact that neglect and violation of the rights of the child has on these behaviours. In most countries, children have not benefited from pragmatic HIV prevention programmes related to substance use, which even when they do exist have largely targeted adults. The Committee wishes to emphasize that policies and programmes aimed at reducing substance use and HIV transmission must recognize the particular sensitivities and lifestyles of children, including adolescents, in the context of HIV/AIDS prevention. Consistent with the rights of children under articles 33 and 24 of the Convention, States parties are obligated to ensure the implementation of programmes which aim to reduce the factors that expose children to the use of substances, as well as those that provide treatment and support to children who are abusing substances.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","C. Victims of violence and abuse"],"citedArticles":[{"treaty":"CRC","article":"33","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2003-3-0040","docId":"crc-gc-2003-3","idx":40,"n":40,"text":"The Committee hereby reaffirms the recommendations, which emerged at the day of general discussion on children living in a world with HIV/AIDS (CRC/C/80), and calls upon States parties: (a)To adopt and implement national and local HIV/AIDS-related policies, including effective plans of action, strategies, and programmes that are child-centred, rights-based and incorporate the rights of the child under the Convention, including by taking into account the recommendations made in the previous paragraphs of the present General Comment and those adopted at the United Nations General Assembly special session on children (2002); (b)To allocate financial, technical and human resources, to the maximum extent possible, to supporting national and community-based action (art. 4), and, where appropriate, within the context of international cooperation (see paragraph 41 below). (c)To review existing laws or enact new legislation with a view to implementing fully article 2 of the Convention, and in particular to expressly prohibiting discrimination based on real or perceived HIV/AIDS status so as to guarantee equal access for of all children to all relevant services, with particular attention to the child’s right to privacy and confidentiality and to other recommendations made by the Committee in the previous paragraphs relevant to legislation; (d)To include HIV/AIDS plans of action, strategies, policies and programmes in the work of national mechanisms responsible for monitoring and coordinating children’s rights and to consider the establishment of a review procedure, which responds specifically to complaints of neglect or violation of the rights of the child in relation to HIV/AIDS, whether this entails the creation of a new legislative or administrative body or is entrusted to an existing national institution; (e)To reassess their HIV-related data collection and evaluation to ensure that they adequately cover children as defined under the Convention, are disaggregated by age and gender ideally in five-year age groups, and include, as far as possible, children belonging to vulnerable groups and those in need of special protection; (f)To include, in their reporting process under article 44 of the Convention, information on national HIV/AIDS policies and programmes and, to the extent possible, budgeting and resource allocations at the national, regional and local levels, as well as within these breakdowns the proportions allocated to prevention, care, research and impact reduction. Specific attention must be given to the extent to which these programmes and policies explicitly recognize children (in the light of their evolving capacities) and their rights, and the extent to which HIV-related rights of children are dealt with in laws, policies and practices, with specific attention to discrimination against children on the basis of their HIV status, as well as because they are orphans or the children of parents living with HIV/AIDS. The Committee requests States parties to provide a detailed indication in their reports of what they consider to be the most important priorities within their jurisdiction in relation to children and HIV/AIDS, and to outline the programme of activities they intend to pursue over the coming five years in order to address the problems identified. This would allow activities to be progressively assessed over time.","labels":["Women/girls","Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. RECOMMENDATIONS"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"44","source":"regex"}]},{"id":"crc-gc-2003-3-0041","docId":"crc-gc-2003-3","idx":41,"n":41,"text":"41. In order to promote international cooperation, the Committee calls upon UNICEF, World Health Organization, United Nations Population Fund, UNAIDS and other relevant international bodies, organizations and agencies to contribute systematically, at the national level, to efforts to ensure the rights of children in the context of HIV/AIDS, and also to continue to work with the Committee to improve the rights of the child in the context of HIV/AIDS. Further, the Committee urges States providing development cooperation to ensure that HIV/AIDS strategies are so designed as to take fully into account the rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. RECOMMENDATIONS"]},{"id":"crc-gc-2003-3-0042","docId":"crc-gc-2003-3","idx":42,"n":42,"text":"42. Non-governmental organizations, as well as community-based groups and other civil society actors, such as youth groups, faith-based organizations, women’s organizations and traditional leaders, including religious and cultural leaders, all have a vital role to play in the response to the HIV/AIDS pandemic. States parties are called upon to ensure an enabling environment for participation by civil society groups, which includes facilitating collaboration and coordination among the various players, and that these groups are given the support needed to enable them to operate effectively without impediment (in this regard, States parties are specifically encouraged to support the full involvement of people living with HIV/AIDS, with particular attention to the inclusion of children, in the provision of HIV/AIDS prevention, care, treatment and support services).","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. RECOMMENDATIONS"]},{"id":"crc-gc-2003-4-0001","docId":"crc-gc-2003-4","idx":1,"n":1,"text":"The Convention on the Rights of the Child defines a child as “every human being below the age of 18 years unless, under the law applicable, majority is attained earlier” (art. 1). Consequently, adolescents up to 18 years old are holders of all the rights enshrined in the Convention; they are entitled to special protection measures and, according to their evolving capacities, they can progressively exercise their rights (art. 5).","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-gc-2003-4-0002","docId":"crc-gc-2003-4","idx":2,"n":2,"text":"Adolescence is a period characterized by rapid physical, cognitive and social changes, including sexual and reproductive maturation; the gradual building up of the capacity to assume adult behaviours and roles involving new responsibilities requiring new knowledge and skills. While adolescents are in general a healthy population group, adolescence also poses new challenges to health and development owing to their relative vulnerability and pressure from society, including peers, to adopt risky health behaviour. These challenges include developing an individual identity and dealing with one’s sexuality. The dynamic transition period to adulthood is also generally a period of positive changes, prompted by the significant capacity of adolescents to learn rapidly, to experience new and diverse situations, to develop and use critical thinking, to familiarize themselves with freedom, to be creative and to socialize. 100803 CRC/GC/2003/4 page 2","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003},{"id":"crc-gc-2003-4-0003","docId":"crc-gc-2003-4","idx":3,"n":3,"text":"The Committee on the Rights of the Child notes with concern that in implementing their obligations under the Convention, States parties have not given sufficient attention to the specific concerns of adolescents as rights holders and to promoting their health and development. This has motivated the Committee to adopt the present general comment in order to raise awareness and provide States parties with guidance and support in their efforts to guarantee the respect for, protection and fulfilment of the rights of adolescents, including through the formulation of specific strategies and policies.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003},{"id":"crc-gc-2003-4-0004","docId":"crc-gc-2003-4","idx":4,"n":4,"text":"The Committee understands the concepts of “health and development” more broadly than being strictly limited to the provisions defined in articles 6 (right to life, survival and development) and 24 (right to health) of the Convention. One of the aims of this general comment is precisely to identify the main human rights that need to be promoted and protected in order to ensure that adolescents do enjoy the highest attainable standard of health, develop in a well-balanced manner, and are adequately prepared to enter adulthood and assume a constructive role in their communities and in society at large. This general comment should be read in conjunction with the Convention and its two Optional Protocols on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict, as well as other relevant international human rights norms and standards.[[fn:1]]","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":1,"text":"These include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Elimination of All Forms of Discrimination Against Women."}],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-gc-2003-4-0005","docId":"crc-gc-2003-4","idx":5,"n":5,"text":"As recognized by the World Conference on Human Rights (1993) and repeatedly stated by the Committee, children’s rights too are indivisible and interrelated. In addition to articles 6 and 24, other provisions and principles of the Convention are crucial in guaranteeing that adolescents fully enjoy their right to health and development.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2003-4-0006","docId":"crc-gc-2003-4","idx":6,"n":6,"text":"States parties have the obligation to ensure that all human beings below 18 enjoy all the rights set forth in the Convention without discrimination (art. 2), including with regard to “race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status”. These grounds also cover adolescents’ sexual orientation and health status (including HIV/AIDS and mental health). Adolescents who are subject to discrimination are more vulnerable to abuse, other types of violence and exploitation, and their health and development are put at greater risk. They are therefore entitled to special attention and protection from all segments of society.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","The right to non-discrimination"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2003-4-0007","docId":"crc-gc-2003-4","idx":7,"n":7,"text":"The Convention acknowledges the responsibilities, rights and duties of parents (or other persons legally responsible for the child) “to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention” (art. 5). The Committee believes that parents or other persons legally responsible for the child need to fulfil with care their right and responsibility to provide direction and guidance to their adolescent children in the exercise by the latter of their rights. They have an obligation to take into account the adolescents’ views, in accordance with their age and maturity, and to provide a safe and supportive environment in which the adolescent CRC/GC/2003/4 page 3 can develop. Adolescents need to be recognized by the members of their family environment as active rights holders who have the capacity to become full and responsible citizens, given the proper guidance and direction.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Appropriate guidance in the exercise of rights"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-gc-2003-4-0008","docId":"crc-gc-2003-4","idx":8,"n":8,"text":"The right to express views freely and have them duly taken into account (art. 12) is also fundamental in realizing adolescents’ right to health and development. States parties need to ensure that adolescents are given a genuine chance to express their views freely on all matters affecting them, especially within the family, in school, and in their communities. In order for adolescents to be able safely and properly to exercise this right, public authorities, parents and other adults working with or for children need to create an environment based on trust, information-sharing, the capacity to listen and sound guidance that is conducive for adolescents’ participating equally including in decision-making processes.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Respect for the views of the child"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-4-0009","docId":"crc-gc-2003-4","idx":9,"n":9,"text":"Under article 4 of the Convention, “States parties shall undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized” therein. In the context of the rights of adolescents to health and development, States parties need to ensure that specific legal provisions are guaranteed under domestic law, including with regard to setting a minimum age for sexual consent, marriage and the possibility of medical treatment without parental consent. These minimum ages should be the same for boys and girls (article 2 of the Convention) and closely reflect the recognition of the status of human beings under 18 years of age as rights holders, in accordance with their evolving capacity, age and maturity (arts. 5 and 12 to 17). Further, adolescents need to have easy access to individual complaint systems as well as judicial and appropriate non-judicial redress mechanisms that guarantee fair and due process, with special attention to the right to privacy (art. 16).","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Legal and judicial measures and processes"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2003-4-0010","docId":"crc-gc-2003-4","idx":10,"n":10,"text":"The Convention defines the civil rights and freedoms of children and adolescents in its articles 13 to 17. These are fundamental in guaranteeing the right to health and development of adolescents. Article 17 states that the child has the right to “access information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health”. The right of adolescents to access appropriate information is crucial if States parties are to promote cost-effective measures, including through laws, policies and programmes, with regard to numerous health-related situations, including those covered in articles 24 and 33 such as family planning, prevention of accidents, protection from harmful traditional practices, including early marriages and female genital mutilation, and the abuse of alcohol, tobacco and other harmful substances.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Civil rights and freedoms"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"33","source":"regex"}]},{"id":"crc-gc-2003-4-0011","docId":"crc-gc-2003-4","idx":11,"n":11,"text":"In order to promote the health and development of adolescents, States parties are also encouraged to respect strictly their right to privacy and confidentiality, including with respect to advice and counselling on health matters (art. 16). Health-care providers have an obligation to keep confidential medical information concerning adolescents, bearing in mind the basic principles of the Convention. Such information may only be disclosed with the consent of the CRC/GC/2003/4 page 4 adolescent, or in the same situations applying to the violation of an adult’s confidentiality. Adolescents deemed mature enough to receive counselling without the presence of a parent or other person are entitled to privacy and may request confidential services, including treatment.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Civil rights and freedoms"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2003-4-0012","docId":"crc-gc-2003-4","idx":12,"n":12,"text":"States parties must take effective measures to ensure that adolescents are protected from all forms of violence, abuse, neglect and exploitation (arts. 19, 32-36 and 38), paying increased attention to the specific forms of abuse, neglect, violence and exploitation that affects this age group. In particular, they should adopt special measures to ensure the physical, sexual and mental integrity of adolescents with disabilities, who are particularly vulnerable to abuse and neglect. States parties should also ensure that adolescents affected by poverty who are socially marginalized are not criminalized. In this regard, financial and human resources need to be allocated to promote research that would inform the adoption of effective local and national laws, policies and programmes. Policies and strategies should be reviewed regularly and revised accordingly. In taking these measures, States parties have to take into account the evolving capacities of adolescents and involve them in an appropriate manner in developing measures, including programmes, designed to protect them. In this context, the Committee emphasizes the positive impact that peer education can have, and the positive influence of proper role models, especially those in the worlds of arts, entertainment and sports.","labels":["Adolescents","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Protection from all forms of abuse, neglect, violence and exploitation"]},{"id":"crc-gc-2003-4-0013","docId":"crc-gc-2003-4","idx":13,"n":13,"text":"Systematic data collection is necessary for States parties to be able to monitor the health and development of adolescents. States parties should adopt data-collection mechanisms that allow desegregation by sex, age, origin and socio-economic status so that the situation of different groups can be followed. Data should also be collected to study the situation of specific groups such as ethnic and/or indigenous minorities, migrant or refugee adolescents, adolescents with disabilities, working adolescents, etc. Where appropriate, adolescents should participate in the analysis to ensure that the information is understood and utilized in an adolescent-sensitive way.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Data collection"]},{"id":"crc-gc-2003-4-0014","docId":"crc-gc-2003-4","idx":14,"n":14,"text":"The health and development of adolescents are strongly determined by the environments in which they live. Creating a safe and supportive environment entails addressing attitudes and actions of both the immediate environment of the adolescent - family, peers, schools and services - as well as the wider environment created by, inter alia, community and religious leaders, the media, national and local policies and legislation. The promotion and enforcement of the provisions and principles of the Convention, especially articles 2-6, 12-17, 24, 28, 29 and 31, are key to guaranteeing adolescents’ right to health and development. States parties should take measures to raise awareness and stimulate and/or regulate action through the formulation of policy or the adoption of legislation and the implementation of programmes specifically for adolescents.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2003-4-0015","docId":"crc-gc-2003-4","idx":15,"n":15,"text":"The Committee stresses the importance of the family environment, including the members of the extended family and community or other persons legally responsible for the CRC/GC/2003/4 page 5 child or adolescent (arts. 5 and 18). While most adolescents grow up in well-functioning family environments, for some the family does not constitute a safe and supportive milieu.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"]},{"id":"crc-gc-2003-4-0016","docId":"crc-gc-2003-4","idx":16,"n":16,"text":"The Committee calls upon States parties to develop and implement, in a manner consistent with adolescents’ evolving capacities, legislation, policies and programmes to promote the health and development of adolescents by (a) providing parents (or legal guardians) with appropriate assistance through the development of institutions, facilities and services that adequately support the well-being of adolescents, including, when needed, the provision of material assistance and support with regard to nutrition, clothing and housing (art. 27 (3)); (b) providing adequate information and parental support to facilitate the development of a relationship of trust and confidence in which issues regarding, for example, sexuality and sexual behaviour and risky lifestyles can be openly discussed and acceptable solutions found that respect the adolescent’s rights (art. 27 (3)); (c) providing adolescent mothers and fathers with support and guidance for both their own and their children’s well-being (art. 24 (f), 27 (2-3)); (d) giving, while respecting the values and norms of ethnic and other minorities, special attention, guidance and support to adolescents and parents (or legal guardians), whose traditions and norms may differ from those in the society where they live; and (e) ensuring that interventions in the family to protect the adolescent and, when necessary, separate her/him from the family, e.g. in case of abuse or neglect, are in accordance with applicable laws and procedures. Such laws and procedures should be reviewed to ensure that they conform to the principles of the Convention.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"27","paragraph":"3","source":"regex"},{"treaty":"CRC","article":"27","paragraph":"3","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-gc-2003-4-0017","docId":"crc-gc-2003-4","idx":17,"n":17,"text":"The school plays an important role in the life of many adolescents, as the venue for learning, development and socialization. Article 29 (1) states that education must be directed to “the development of the child’s personality, talents and mental and physical abilities to their fullest potential”. In addition, general comment No. 1 on the aims of education states that “Education must also be aimed at ensuring that … no child leaves school without being equipped to face the challenges that he or she can expect to be confronted with in life. Basic skills should include … the ability to make well-balanced decisions; to resolve conflicts in a non-violent manner; and to develop a healthy lifestyle and] good social relationships …”. Considering the importance of appropriate education for the current and future health and development of adolescents, as well as for their children, the Committee urges States parties, in line with articles 28 and 29 of the Convention to (a) ensure that quality primary education is compulsory and available, accessible and free to all and that secondary and higher education are available and accessible to all adolescents; (b) provide well-functioning school and recreational facilities which do not pose health risks to students, including water and sanitation and safe journeys to school; (c) take the necessary actions to prevent and prohibit all forms of violence and abuse, including sexual abuse, corporal punishment and other inhuman, degrading or humiliating treatment or punishment in school, by school personnel as well as among students; (d) initiate and support measures, attitudes and activities that promote healthy behaviour by including relevant topics in school curricula.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-gc-2003-4-0018","docId":"crc-gc-2003-4","idx":18,"n":18,"text":"During adolescence, an increasing number of young people are leaving school to start working to help support their families or for wages in the formal or informal sector. Participation in work activities in accordance with international standards, as long as it does not jeopardize the enjoyment of any of the other rights of adolescents, including health and education, may be beneficial for the development of the adolescent. The Committee urges States parties to take all necessary measures to abolish all forms of child labour, starting with the CRC/GC/2003/4 page 6 worst forms, to continuously review national regulations on minimum ages for employment with a view to making them compatible with international standards, and to regulate the working environment and conditions for adolescents who are working (in accordance with article 32 of the Convention, as well as ILO Conventions Nos. 138 and 182), so as to ensure that they are fully protected and have access to legal redress mechanisms.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"32","source":"regex"}]},{"id":"crc-gc-2003-4-0019","docId":"crc-gc-2003-4","idx":19,"n":19,"text":"The Committee also stresses that in accordance with article 23 (3) of the Convention, the special rights of adolescents with disabilities should be taken into account and assistance provided to ensure that the disabled child/adolescent has effective access to and receives good quality education. States should recognize the principle of equal primary, secondary and tertiary educational opportunities for disabled children/adolescents, where possible in regular schools.","labels":["Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"23","paragraph":"3","source":"regex"}]},{"id":"crc-gc-2003-4-0020","docId":"crc-gc-2003-4","idx":20,"n":20,"text":"The Committee is concerned that early marriage and pregnancy are significant factors in health problems related to sexual and reproductive health, including HIV/AIDS. Both the legal minimum age and actual age of marriage, particularly for girls, are still very low in several States parties. There are also non-health-related concerns: children who marry, especially girls, are often obliged to leave the education system and are marginalized from social activities. Further, in some States parties married children are legally considered adults, even if they are under 18, depriving them of all the special protection measures they are entitled under the Convention. The Committee strongly recommends that States parties review and, where necessary, reform their legislation and practice to increase the minimum age for marriage with and without parental consent to 18 years, for both girls and boys. The Committee on the Elimination of Discrimination against Women has made a similar recommendation (general comment No. 21 of 1994).","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"]},{"id":"crc-gc-2003-4-0021","docId":"crc-gc-2003-4","idx":21,"n":21,"text":"In most countries accidental injuries or injuries due to violence are a leading cause of death or permanent disability among adolescents. In that respect, the Committee is concerned about the injuries and death resulting from road traffic accidents, which affect adolescents disproportionately. States parties should adopt and enforce legislation and programmes to improve road safety, including driving education for and examination of adolescents and the adoption or strengthening of legislation known to be highly effective such as the obligations to have a valid driver’s licence, wear seat belts and crash helmets, and the designation of pedestrian areas.","labels":["Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"]},{"id":"crc-gc-2003-4-0022","docId":"crc-gc-2003-4","idx":22,"n":22,"text":"The Committee is also very concerned about the high rate of suicide among this age group. Mental disorders and psychosocial illness are relatively common among adolescents. In many countries symptoms such as depression, eating disorders and self-destructive behaviours, sometimes leading to self-inflicted injuries and suicide, are increasing. They may be related to, inter alia, violence, ill-treatment, abuse and neglect, including sexual abuse, unrealistically high expectations, and/or bullying or hazing in and outside school. States parties should provide these adolescents with all the necessary services.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"]},{"id":"crc-gc-2003-4-0023","docId":"crc-gc-2003-4","idx":23,"n":23,"text":"Violence results from a complex interplay of individual, family, community and societal factors. Vulnerable adolescents such as those who are homeless or who are living in institutions, who belong to gangs or who have been recruited as child soldiers are especially exposed to both institutional and interpersonal violence. Under article 19 of the Convention, States parties must take all appropriate measures[[fn:3]] to prevent and eliminate: (a) institutional violence against adolescents, including through legislation and administrative measures in relation to public and CRC/GC/2003/4 page 7 private institutions for adolescents (schools, institutions for disabled adolescents, juvenile reformatories, etc.), and training and monitoring of personnel in charge of institutionalized children or who otherwise have contact with children through their work, including the police; and (b) interpersonal violence among adolescents, including by supporting adequate parenting and opportunities for social and educational development in early childhood, fostering non-violent cultural norms and values (as foreseen in article 29 of the Convention), strictly controlling firearms and restricting access to alcohol and drugs.","labels":["Children","Adolescents","Persons with disabilities","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":3,"text":"Ibid.","isIbid":true,"resolvedText":"These include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Elimination of All Forms of Discrimination Against Women."}],"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-gc-2003-4-0024","docId":"crc-gc-2003-4","idx":24,"n":24,"text":"In light of articles 3, 6, 12, 19 and 24 (3) of the Convention, States parties should take all effective measures to eliminate all acts and activities which threaten the right to life of adolescents, including honour killings. The Committee strongly urges States parties to develop and implement awareness-raising campaigns, education programmes and legislation aimed at changing prevailing attitudes, and address gender roles and stereotypes that contribute to harmful traditional practices. Further, States parties should facilitate the establishment of multidisciplinary information and advice centres regarding the harmful aspects of some traditional practices, including early marriage and female genital mutilation.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"24","paragraph":"3","source":"regex"}]},{"id":"crc-gc-2003-4-0025","docId":"crc-gc-2003-4","idx":25,"n":25,"text":"The Committee is concerned about the influence exerted on adolescent health behaviours by the marketing of unhealthy products and lifestyles. In line with article 17 of the Convention, States parties are urged to protect adolescents from information that is harmful to their health and development, while underscoring their right to information and material from diverse national and international sources. States parties are therefore urged to regulate or prohibit information on and marketing of substances such as alcohol and tobacco, particularly when it targets children and adolescents[[fn:4]].","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":4,"text":"As proposed in the Framework Convention on Tobacco Control (2003) of the World Health Organization."}],"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-gc-2003-4-0026","docId":"crc-gc-2003-4","idx":26,"n":26,"text":"Adolescents have the right to access adequate information essential for their health and development and for their ability to participate meaningfully in society. It is the obligation of States parties to ensure that all adolescent girls and boys, both in and out of school, are provided with, and not denied, accurate and appropriate information on how to protect their health and development and practise healthy behaviours. This should include information on the use and abuse, of tobacco, alcohol and other substances, safe and respectful social and sexual behaviours, diet and physical activity.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"]},{"id":"crc-gc-2003-4-0027","docId":"crc-gc-2003-4","idx":27,"n":27,"text":"In order to act adequately on the information, adolescents need to develop the skills necessary, including self-care skills, such as how to plan and prepare nutritionally balanced meals and proper personal hygiene habits, and skills for dealing with particular social situations such as interpersonal communication, decision-making, and coping with stress and conflict. States parties should stimulate and support opportunities to build such skills through, inter alia, formal and informal education and training programmes, youth organizations and the media.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"]},{"id":"crc-gc-2003-4-0028","docId":"crc-gc-2003-4","idx":28,"n":28,"text":"In light of articles 3, 17 and 24 of the Convention, States parties should provide adolescents with access to sexual and reproductive information, including on family planning and contraceptives, the dangers of early pregnancy, the prevention of HIV/AIDS and the prevention and treatment of sexually transmitted diseases (STDs). In addition, States parties should ensure that they have access to appropriate information, regardless of their marital status CRC/GC/2003/4 page 8 and whether their parents or guardians consent. It is essential to find proper means and methods of providing information that is adequate and sensitive to the particularities and specific rights of adolescent girls and boys. To this end, States parties are encouraged to ensure that adolescents are actively involved in the design and dissemination of information through a variety of channels beyond the school, including youth organizations, religious, community and other groups and the media.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2003-4-0029","docId":"crc-gc-2003-4","idx":29,"n":29,"text":"Under article 24 of the Convention, States parties are urged to provide adequate treatment and rehabilitation for adolescents with mental disorders, to make the community aware of the early signs and symptoms and the seriousness of these conditions, and to protect adolescents from undue pressures, including psychosocial stress. States parties are also urged to combat discrimination and stigma surrounding mental disorders, in line with their obligations under article 2. Every adolescent with a mental disorder has the right to be treated and cared for, as far as possible, in the community in which he or she lives. Where hospitalization or placement in a psychiatric institution is necessary, this decision should be made in accordance with the principle of the best interests of the child. In the event of hospitalization or institutionalization, the patient should be given the maximum possible opportunity to enjoy all his or her rights as recognized under the Convention, including the rights to education and to have access to recreational activities.[[fn:5]] Where appropriate, adolescents should be separated from adults. States parties must ensure that adolescents have access to a personal representative other than a family member to represent their interests, when necessary and appropriate.[[fn:6]] In accordance with article 25 of the Convention, States parties should undertake periodic review of the placement of adolescents in hospitals or psychiatric institutions.","labels":["Adolescents","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":5,"text":"For further guidance on this subject, refer to the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care, (General Assembly resolution 46/119 of 17 December 1991, annex)."},{"n":6,"text":"Ibid., in particular principles 2, 3 and 7.","isIbid":true,"resolvedText":"For further guidance on this subject, refer to the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care, (General Assembly resolution 46/119 of 17 December 1991, annex)."}],"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"25","source":"regex"}]},{"id":"crc-gc-2003-4-0030","docId":"crc-gc-2003-4","idx":30,"n":30,"text":"Adolescents, both girls and boys, are at risk of being infected with and affected by STDs, including HIV/AIDS[[fn:7]]. States should ensure that appropriate goods, services and information for the prevention and treatment of STDs, including HIV/AIDS, are available and accessible. To this end, States parties are urged (a) to develop effective prevention programmes, including measures aimed at changing cultural views about adolescents’ need for contraception and STD prevention and addressing cultural and other taboos surrounding adolescent sexuality; (b) to adopt legislation to combat practices that either increase adolescents’ risk of infection or contribute to the marginalization of adolescents who are already infected with STDs, including HIV; (c) to take measures to remove all barriers hindering the access of adolescents to information, preventive measures such as condoms, and care.","labels":["Women/girls","Children","Adolescents","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":7,"text":"For further guidance on this issue, see general comment No. 3 (2003) on HIV/AIDS and the rights of children."}],"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"]},{"id":"crc-gc-2003-4-0031","docId":"crc-gc-2003-4","idx":31,"n":31,"text":"Adolescent girls should have access to information on the harm that early marriage and early pregnancy can cause, and those who become pregnant should have access to health services that are sensitive to their rights and particular needs. States parties should take measures to reduce maternal morbidity and mortality in adolescent girls, particularly caused by early pregnancy and unsafe abortion practices, and to support adolescent parents. Young mothers, especially where support is lacking, may be prone to depression and anxiety, compromising their ability to care for their child. The Committee urges States parties (a) to develop and implement programmes that provide access to sexual and reproductive health services, including family planning, contraception and safe abortion services where abortion is not against the law, adequate and comprehensive obstetric care and counselling; (b) to foster positive and supportive attitudes towards adolescent parenthood for their mothers and fathers; and (c) to develop policies that will allow adolescent mothers to continue their education. CRC/GC/2003/4 page 9","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"]},{"id":"crc-gc-2003-4-0032","docId":"crc-gc-2003-4","idx":32,"n":32,"text":"Before parents give their consent, adolescents need to have a chance to express their views freely and their views should be given due weight, in accordance with article 12 of the Convention. However, if the adolescent is of sufficient maturity, informed consent shall be obtained from the adolescent her/himself, while informing the parents if that is in the “best interest of the child” (art. 3).","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-gc-2003-4-0033","docId":"crc-gc-2003-4","idx":33,"n":33,"text":"With regard to privacy and confidentiality, and the related issue of informed consent to treatment, States parties should (a) enact laws or regulations to ensure that confidential advice concerning treatment is provided to adolescents so that they can give their informed consent. Such laws or regulations should stipulate an age for this process, or refer to the evolving capacity of the child; and (b) provide training for health personnel on the rights of adolescents to privacy and confidentiality, to be informed about planned treatment and to give their informed consent to treatment.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"]},{"id":"crc-gc-2003-4-0034","docId":"crc-gc-2003-4","idx":34,"n":34,"text":"In ensuring respect for the right of adolescents to health and development, both individual behaviours and environmental factors which increase their vulnerability and risk should be taken into consideration. Environmental factors, such as armed conflict or social exclusion, increase the vulnerability of adolescents to abuse, other forms of violence and exploitation, thereby severely limiting adolescents’ abilities to make individual, healthy behaviour choices. For example, the decision to engage in unsafe sex increases adolescents’ risk of ill-health.","labels":["Adolescents","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. VULNERABILITY AND RISK"]},{"id":"crc-gc-2003-4-0035","docId":"crc-gc-2003-4","idx":35,"n":35,"text":"In accordance with article 23 of the Convention, adolescents with mental and/or physical disabilities have an equal right to the highest attainable standard of physical and mental health. States parties have an obligation to provide adolescents with disabilities with the means necessary to realize their rights.[[fn:8]] States parties should (a) ensure that health facilities, goods and services are available and accessible to all adolescents with disabilities and that these facilities and services promote their self-reliance and their active participation in the community; (b) ensure that the necessary equipment and personal support are available to enable them to move around, participate and communicate; (c) pay specific attention to the special needs relating to the sexuality of adolescents with disabilities; and (d) remove barriers that hinder adolescents with disabilities in realizing their rights.","labels":["Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":8,"text":"United Nations Standard Rules on Equal Opportunities for Persons with Disabilities. -----"}],"section":["IV. VULNERABILITY AND RISK"],"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-gc-2003-4-0036","docId":"crc-gc-2003-4","idx":36,"n":36,"text":"States parties have to provide special protection to homeless adolescents, including those working in the informal sector. Homeless adolescents are particularly vulnerable to violence, abuse and sexual exploitation from others, self-destructive behaviour, substance abuse and mental disorders. In this regard, States parties are required to (a) develop policies and enact and enforce legislation that protect such adolescents from violence, e.g. by law enforcement officials; (b) develop strategies for the provision of appropriate education and access to health care, and of opportunities for the development of livelihood skills.","labels":["Adolescents","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. VULNERABILITY AND RISK"]},{"id":"crc-gc-2003-4-0037","docId":"crc-gc-2003-4","idx":37,"n":37,"text":"Adolescents who are sexually exploited, including in prostitution and pornography, are exposed to significant health risks, including STDs, HIV/AIDS, unwanted pregnancies, unsafe abortions, violence and psychological distress. They have the right to physical and psychological recovery and social reintegration in an environment that fosters health, self-respect and dignity (art. 39). It is the obligation of States parties to enact and enforce laws to prohibit all CRC/GC/2003/4 page 10 forms of sexual exploitation and related trafficking; to collaborate with other States parties to eliminate intercountry trafficking; and to provide appropriate health and counselling services to adolescents who have been sexually exploited, making sure that they are treated as victims and not as offenders.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. VULNERABILITY AND RISK"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-4-0038","docId":"crc-gc-2003-4","idx":38,"n":38,"text":"Additionally, adolescents experiencing poverty, armed conflicts, all forms of injustice, family breakdown, political, social and economic instability and all types of migration may be particularly vulnerable. These situations might seriously hamper their health and development. By investing heavily in preventive policies and measures States parties can drastically reduce levels of vulnerability and risk factors; they will also provide cost-effective ways for society to help adolescents develop harmoniously in a free society.","labels":["Migrants","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. VULNERABILITY AND RISK"]},{"id":"crc-gc-2003-4-0039","docId":"crc-gc-2003-4","idx":39,"n":39,"text":"39. In exercising their obligations in relation to the health and development of adolescents, States parties shall always take fully into account the four general principles of the Convention. It is the view of the Committee that States parties must take all appropriate legislative, administrative and other measures for the realization and monitoring of the rights of adolescents to health and development as recognized in the Convention. To this end, States parties must notably fulfil the following obligations: (a) To create a safe and supportive environment for adolescents, including within their family, in schools, in all types of institutions in which they may live, within their workplace and/or in the society at large; (b) To ensure that adolescents have access to the information that is essential for their health and development and that they have opportunities to participate in decisions affecting their health (notably through informed consent and the right of confidentiality), to acquire life skills, to obtain adequate and age-appropriate information, and to make appropriate health behaviour choices; (c) To ensure that health facilities, goods and services, including counselling and health services for mental and sexual and reproductive health, of appropriate quality and sensitive to adolescents’ concerns are available to all adolescents; (d) To ensure that adolescent girls and boys have the opportunity to participate actively in planning and programming for their own health and development; (e) To protect adolescents from all forms of labour which may jeopardize the enjoyment of their rights, notably by abolishing all forms of child labour and by regulating the working environment and conditions in accordance with international standards; (f) To protect adolescents from all forms of intentional and unintentional injuries, including those resulting from violence and road traffic accidents; (g) To protect adolescents from all harmful traditional practices, such as early marriages, honour killings and female genital mutilation; (h) To ensure that adolescents belonging to especially vulnerable groups are fully taken into account in the fulfilment of all aforementioned obligations; (i) To implement measures for the prevention of mental disorders and the promotion of mental health of adolescents.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. NATURE OF STATES’ OBLIGATIONS"]},{"id":"crc-gc-2003-4-0040","docId":"crc-gc-2003-4","idx":40,"n":40,"text":"The Committee draws the attention of States parties to the general comment No. 14 on the right to the highest attainable standard of health of the Committee on Economic, Social and Cultural Rights which states that, “States parties should provide a safe and supportive environment for adolescents that ensures the opportunity to participate in decisions affecting their health, to build life skills, to acquire appropriate information, to receive counselling and to negotiate the health-behaviour choices they make. The realization of the right to health of adolescents is dependent on the development of youth-sensitive health care, which respects confidentiality and privacy and includes appropriate sexual and reproductive health services.”","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. NATURE OF STATES’ OBLIGATIONS"]},{"id":"crc-gc-2003-4-0041","docId":"crc-gc-2003-4","idx":41,"n":41,"text":"41. In accordance with articles 24, 39 and other related provisions of the Convention, States parties should provide health services that are sensitive to the particular needs and human rights of all adolescents, paying attention to the following characteristics: (a) Availability. Primary health care should include services sensitive to the needs of adolescents, with special attention given to sexual and reproductive health and mental health; (b) Accessibility. Health facilities, goods and services should be known and easily accessible (economically, physically and socially) to all adolescents, without discrimination. Confidentiality should be guaranteed, when necessary; (c) Acceptability. While fully respecting the provisions and principles of the Convention, all health facilities, goods and services should respect cultural values, be gender sensitive, be respectful of medical ethics and be acceptable to both adolescents and the communities in which they live; (d) Quality. Health services and goods should be scientifically and medically appropriate, which requires personnel trained to care for adolescents, adequate facilities and scientifically accepted methods.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. NATURE OF STATES’ OBLIGATIONS"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-4-0042","docId":"crc-gc-2003-4","idx":42,"n":42,"text":"States parties should, where feasible, adopt a multisectoral approach to the promotion and protection of adolescent health and development by facilitating effective and sustainable linkages and partnerships among all relevant actors. At the national level, such an approach calls for close and systematic collaboration and coordination within Government, so as to ensure the necessary involvement of all relevant government entities. Public health and other services utilized by adolescents should also be encouraged and assisted in seeking collaboration with, inter alia, private and/or traditional practitioners, professional associations, pharmacies and organizations that provide services to vulnerable groups of adolescents.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. NATURE OF STATES’ OBLIGATIONS"]},{"id":"crc-gc-2003-4-0043","docId":"crc-gc-2003-4","idx":43,"n":43,"text":"A multisectoral approach to the promotion and protection of adolescent health and development will not be effective without international cooperation. Therefore, States parties","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. NATURE OF STATES’ OBLIGATIONS"]},{"id":"crc-gc-2003-5-0001","docId":"crc-gc-2003-5","idx":1,"n":1,"text":"When a State ratifies the Convention on the Rights of the Child, it takes on obligations under international law to implement it. Implementation is the process whereby States parties take action to ensure the realization of all rights in the Convention for all children in their jurisdiction. Article 4 requires States parties to take “all appropriate legislative, administrative","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":1,"text":"The Committee reminds States parties that, for the purposes of the Convention, a child is defined as “every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier” (art. 1)."},{"n":2,"text":"In 1999, the Committee on the Rights of the Child held a two-day workshop to commemorate the tenth anniversary of adoption of the Convention on the Rights of the Child by the United Nations General Assembly. The workshop focused on general measures of implementation following which the Committee adopted detailed conclusions and recommendations (see CRC/C/90, para. 291)."}],"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2003-5-0002","docId":"crc-gc-2003-5","idx":2,"n":2,"text":"In its periodic examination of States parties’ reports under the Convention, the Committee pays particular attention to what it has termed “general measures of implementation”. In its concluding observations issued following examination, the Committee provides specific recommendations relating to general measures. It expects the State party to describe action taken in response to these recommendations in its subsequent periodic report. The Committee’s reporting guidelines arrange the Convention’s articles in clusters,[[fn:3]] the first being on “general measures of implementation” and groups article 4 with article 42 (the obligation to make the content of the Convention widely known to children and adults; see, paragraph 66 below) and article 44, paragraph 6 (the obligation to make reports widely available within the State; see paragraph 71 below).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":3,"text":"General Guidelines Regarding the Form and Content of Initial Reports to be Submitted by States Parties under Article 44, Paragraph 1 (a) of the Convention, CRC/C/5, 15 October 1991; General Guidelines Regarding the Form and Contents of Periodic Reports to be Submitted under Article 44, Paragraph 1 (b) of the Convention on the Rights of the Child, CRC/C/58, 20 November 1996."}],"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"42","source":"regex"},{"treaty":"CRC","article":"44","source":"regex"}]},{"id":"crc-gc-2003-5-0003","docId":"crc-gc-2003-5","idx":3,"n":3,"text":"In addition to these provisions, other general implementation obligations are set out in article 2: “States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind …”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2003-5-0004","docId":"crc-gc-2003-5","idx":4,"n":4,"text":"Also under article 3, paragraph 2, “States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.”","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-gc-2003-5-0005","docId":"crc-gc-2003-5","idx":5,"n":5,"text":"In international human rights law, there are articles similar to article 4 of the Convention, setting out overall implementation obligations, such as article 2 of the International Covenant on Civil and Political Rights and article 2 of the International Covenant on Economic, Social and Cultural Rights. The Human Rights Committee and the Committee on Economic, Social and Cultural Rights have issued general comments in relation to these provisions which should be seen as complementary to the present general comment and which are referred to below.[[fn:4]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":4,"text":"Human Rights Committee, general comment No. 3 (thirteenth session, 1981), Article 2: Implementation at the national level; Committee on Economic, Social and Cultural Rights, general comment No. 3 (fifth session, 1990), The nature of States parties’ obligations (article 2, paragraph 1, of the Covenant); also general comment No. 9 (nineteenth session, 1998), The domestic application of the Covenant, elaborating further on certain elements in general comment No. 3. A compendium of the treaty bodies’ general comments and recommendations is published regularly by the Office of the High Commissioner for Human Rights (HRI/GEN/1/Rev.6)."}],"section":["I. INTRODUCTION"],"citedArticles":[{"article":"4","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"regex_default_treaty=CRC; text says 'article 4 of the Convention' — Convention is the CRC in this CRC committee document."},{"article":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 2 of the International Covenant on Civil and Political Rights'."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 2 of the International Covenant on Economic, Social and Cultural Rights'."}]},{"id":"crc-gc-2003-5-0006","docId":"crc-gc-2003-5","idx":6,"n":6,"text":"Article 4, while reflecting States parties’ overall implementation obligation, suggests a distinction between civil and political rights and economic, social and cultural rights in its second sentence: “With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation.” There is no simple or authoritative division of human rights in general or of Convention rights into the two categories. The Committee’s reporting guidelines group articles 7, 8, 13-17 and 37 (a) under the heading “Civil rights and freedoms”, but indicate by the context that these are not the only civil and political rights in the Convention. Indeed, it is clear that many other articles, including articles 2, 3, 6 and 12 of the Convention, contain elements which constitute civil/political rights, thus reflecting the interdependence and indivisibility of all human rights. Enjoyment of economic, social and CRC/GC/2003/5 page 3 cultural rights is inextricably intertwined with enjoyment of civil and political rights. As noted in paragraph 25 below, the Committee believes that economic, social and cultural rights, as well as civil and political rights, should be regarded as justiciable.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"7","source":"regex"},{"treaty":"CRC","article":"8","source":"regex"},{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-5-0007","docId":"crc-gc-2003-5","idx":7,"n":7,"text":"The second sentence of article 4 reflects a realistic acceptance that lack of resources -financial and other resources - can hamper the full implementation of economic, social and cultural rights in some States; this introduces the concept of “progressive realization” of such rights: States need to be able to demonstrate that they have implemented “to the maximum extent of their available resources” and, where necessary, have sought international cooperation . When States ratify the Convention, they take upon themselves obligations not only to implement it within their jurisdiction, but also to contribute, through international cooperation, to global implementation (see paragraph 60 below).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2003-5-0008","docId":"crc-gc-2003-5","idx":8,"n":8,"text":"The sentence is similar to the wording used in the International Covenant on Economic, Social and Cultural Rights and the Committee entirely concurs with the Committee on Economic, Social and Cultural Rights in asserting that “even where the available resources are demonstrably inadequate, the obligation remains for a State party to strive to ensure the widest possible enjoyment of the relevant rights under the prevailing circumstances …”.[[fn:5]] Whatever their economic circumstances, States are required to undertake all possible measures towards the realization of the rights of the child, paying special attention to the most disadvantaged groups.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":5,"text":"General comment No. 3, HRI/GEN/1/Rev.6, para. 11, p. 16."}],"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-5-0009","docId":"crc-gc-2003-5","idx":9,"n":9,"text":"The general measures of implementation identified by the Committee and described in the present general comment are intended to promote the full enjoyment of all rights in the Convention by all children, through legislation, the establishment of coordinating and monitoring bodies - governmental and independent - comprehensive data collection, awareness-raising and training and the development and implementation of appropriate policies, services and programmes. One of the satisfying results of the adoption and almost universal ratification of the Convention has been the development at the national level of a wide variety of new child-focused and child-sensitive bodies, structures and activities - children’s rights units at the heart of Government, ministers for children, inter-ministerial committees on children, parliamentary committees, child impact analysis, children’s budgets and “state of children’s rights” reports, NGO coalitions on children’s rights, children’s ombudspersons and children’s rights commissioners and so on.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-5-0010","docId":"crc-gc-2003-5","idx":10,"n":10,"text":"While some of these developments may seem largely cosmetic, their emergence at the least indicates a change in the perception of the child’s place in society, a willingness to give higher political priority to children and an increasing sensitivity to the impact of governance on children and their human rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-5-0011","docId":"crc-gc-2003-5","idx":11,"n":11,"text":"The Committee emphasizes that, in the context of the Convention, States must see their role as fulfilling clear legal obligations to each and every child. Implementation of the human rights of children must not be seen as a charitable process, bestowing favours on children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-5-0012","docId":"crc-gc-2003-5","idx":12,"n":12,"text":"The development of a children’s rights perspective throughout Government, parliament and the judiciary is required for effective implementation of the whole Convention and, in particular, in the light of the following articles in the Convention identified by the Committee as general principles:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":6,"text":"Human Rights Committee, general comment No. 18 (1989), HRI/GEN/1/Rev.6, pp. 147 et seq."}],"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2003-5-0013","docId":"crc-gc-2003-5","idx":13,"n":13,"text":"In its reporting guidelines on general measures of implementation, the Committee starts by inviting the State party to indicate whether it considers it necessary to maintain the reservations it has made, if any, or has the intention of withdrawing them.[[fn:7]] States parties to the Convention are entitled to make reservations at the time of their ratification of or accession to it (art. 51). The Committee’s aim of ensuring full and unqualified respect for the human rights of children can be achieved only if States withdraw their reservations. It consistently recommends during its examination of reports that reservations be reviewed and withdrawn. Where a State, after review, decides to maintain a reservation, the Committee requests that a full explanation be included in the next periodic report. The Committee draws the attention of States parties to the encouragement given by the World Conference on Human Rights to the review and withdrawal of reservations.[[fn:8]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":7,"text":"General Guidelines Regarding the Form and Contents of Periodic Reports to be Submitted under Article 44, Paragraph 1 (b) of the Convention on the Rights of the Child, CRC/C/58, 20 November 1996, para. 11."},{"n":8,"text":"World Conference on Human Rights, Vienna, 14-25 June 1993, “Vienna Declaration and Programme of Action”, A/CONF.157/23."}],"section":["II. REVIEW OF RESERVATIONS"],"citedArticles":[{"treaty":"CRC","article":"51","source":"regex"}]},{"id":"crc-gc-2003-5-0014","docId":"crc-gc-2003-5","idx":14,"n":14,"text":"Article 2 of the Vienna Convention on the Law of Treaties defines “reservation” as a “unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a Treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the Treaty in their application to that State”. The Vienna Convention notes that States are entitled, at the time of ratification or accession to a treaty, to make a reservation unless it is “incompatible with the object and purpose of the treaty” (art. 19).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. REVIEW OF RESERVATIONS"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-gc-2003-5-0015","docId":"crc-gc-2003-5","idx":15,"n":15,"text":"Article 51, paragraph 2, of the Convention on the Rights of the Child reflects this: “A reservation incompatible with the object and purpose of the present Convention shall not be permitted”. The Committee is deeply concerned that some States have made reservations which plainly breach article 51 (2) by suggesting, for example, that respect for the Convention is limited by the State’s existing Constitution or legislation, including in some cases religious law. Article 27 of the Vienna Convention on the Law of Treaties provides: “A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. REVIEW OF RESERVATIONS"],"citedArticles":[{"treaty":"CRC","article":"51","source":"regex"},{"treaty":"CRC","article":"51","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-gc-2003-5-0016","docId":"crc-gc-2003-5","idx":16,"n":16,"text":"The Committee notes that, in some cases, States parties have lodged formal objections to such wide-ranging reservations made by other States parties. It commends any action which contributes to ensuring the fullest possible respect for the Convention in all States parties. CRC/GC/2003/5 page 6","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. REVIEW OF RESERVATIONS"]},{"id":"crc-gc-2003-5-0017","docId":"crc-gc-2003-5","idx":17,"n":17,"text":"As part of its consideration of general measures of implementation, and in the light of the principles of indivisibility and interdependence of human rights, the Committee consistently urges States parties, if they have not already done so, to ratify the two Optional Protocols to the Convention on the Rights of the Child (on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography) and the six other major international human rights instruments. During its dialogue with States parties the Committee often encourages them to consider ratifying other relevant international instruments. A non-exhaustive list of these instruments is annexed to the present general comment, which the Committee will update from time to time.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. RATIFICATION OF OTHER KEY INTERNATIONAL HUMAN RIGHTS INSTRUMENTS"]},{"id":"crc-gc-2003-5-0018","docId":"crc-gc-2003-5","idx":18,"n":18,"text":"The Committee believes a comprehensive review of all domestic legislation and related administrative guidance to ensure full compliance with the Convention is an obligation. Its experience in examining not only initial but now second and third periodic reports under the Convention suggests that the review process at the national level has, in most cases, been started, but needs to be more rigorous. The review needs to consider the Convention not only article by article, but also holistically, recognizing the interdependence and indivisibility of human rights. The review needs to be continuous rather than one-off, reviewing proposed as well as existing legislation. And while it is important that this review process should be built into the machinery of all relevant government departments, it is also advantageous to have independent review by, for example, parliamentary committees and hearings, national human rights institutions, NGOs, academics, affected children and young people and others.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"]},{"id":"crc-gc-2003-5-0019","docId":"crc-gc-2003-5","idx":19,"n":19,"text":"States parties need to ensure, by all appropriate means, that the provisions of the Convention are given legal effect within their domestic legal systems. This remains a challenge in many States parties. Of particular importance is the need to clarify the extent of applicability of the Convention in States where the principle of “self-execution” applies and others where it is claimed that the Convention “has constitutional status” or has been incorporated into domestic law.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"]},{"id":"crc-gc-2003-5-0020","docId":"crc-gc-2003-5","idx":20,"n":20,"text":"The Committee welcomes the incorporation of the Convention into domestic law, which is the traditional approach to the implementation of international human rights instruments in some but not all States. Incorporation should mean that the provisions of the Convention can be directly invoked before the courts and applied by national authorities and that the Convention will prevail where there is a conflict with domestic legislation or common practice. Incorporation by itself does not avoid the need to ensure that all relevant domestic law, including any local or customary law, is brought into compliance with the Convention. In case of any conflict in legislation, predominance should always be given to the Convention, in the light of article 27 of the Vienna Convention on the Law of Treaties. Where a State delegates powers to legislate to federated regional or territorial governments, it must also require these subsidiary governments to legislate within the framework of the Convention and to ensure effective implementation (see also paragraphs 40 et seq. below). CRC/GC/2003/5 page 7","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-gc-2003-5-0021","docId":"crc-gc-2003-5","idx":21,"n":21,"text":"Some States have suggested to the Committee that the inclusion in their Constitution of guarantees of rights for “everyone” is adequate to ensure respect for these rights for children. The test must be whether the applicable rights are truly realized for children and can be directly invoked before the courts. The Committee welcomes the inclusion of sections on the rights of the child in national constitutions, reflecting key principles in the Convention, which helps to underline the key message of the Convention - that children alongside adults are holders of human rights. But this inclusion does not automatically ensure respect for the rights of children. In order to promote the full implementation of these rights, including, where appropriate, the exercise of rights by children themselves, additional legislative and other measures may be necessary.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"]},{"id":"crc-gc-2003-5-0022","docId":"crc-gc-2003-5","idx":22,"n":22,"text":"The Committee emphasizes, in particular, the importance of ensuring that domestic law reflects the identified general principles in the Convention (arts. 2, 3, 6 and 12 (see paragraph 12 above)). The Committee welcomes the development of consolidated children’s rights statutes, which can highlight and emphasize the Convention’s principles. But the Committee emphasizes that it is crucial in addition that all relevant “sectoral” laws (on education, health, justice and so on) reflect consistently the principles and standards of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"]},{"id":"crc-gc-2003-5-0023","docId":"crc-gc-2003-5","idx":23,"n":23,"text":"The Committee encourages all States parties to enact and implement within their jurisdiction legal provisions that are more conducive to the realization of the rights of the child than those contained in the Convention, in the light of article 41. The Committee emphasizes that the other international human rights instruments apply to all persons below the age of 18 years.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"],"citedArticles":[{"treaty":"CRC","article":"41","source":"regex"}]},{"id":"crc-gc-2003-5-0024","docId":"crc-gc-2003-5","idx":24,"n":24,"text":"For rights to have meaning, effective remedies must be available to redress violations. This requirement is implicit in the Convention and consistently referred to in the other six major international human rights treaties. Children’s special and dependent status creates real difficulties for them in pursuing remedies for breaches of their rights. So States need to give particular attention to ensuring that there are effective, child-sensitive procedures available to children and their representatives. These should include the provision of child-friendly information, advice, advocacy, including support for self-advocacy, and access to independent complaints procedures and to the courts with necessary legal and other assistance. Where rights are found to have been breached, there should be appropriate reparation, including compensation, and, where needed, measures to promote physical and psychological recovery, rehabilitation and reintegration, as required by article 39.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. JUSTICIABILITY OF RIGHTS"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-5-0025","docId":"crc-gc-2003-5","idx":25,"n":25,"text":"As noted in paragraph 6 above, the Committee emphasizes that economic, social and cultural rights, as well as civil and political rights, must be regarded as justiciable. It is essential that domestic law sets out entitlements in sufficient detail to enable remedies for non-compliance to be effective.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. JUSTICIABILITY OF RIGHTS"]},{"id":"crc-gc-2003-5-0026","docId":"crc-gc-2003-5","idx":26,"n":26,"text":"The Committee cannot prescribe in detail the measures which each or every State party will find appropriate to ensure effective implementation of the Convention. But from its first","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES"]},{"id":"crc-gc-2003-5-0027","docId":"crc-gc-2003-5","idx":27,"n":27,"text":"The Committee believes that effective implementation of the Convention requires visible cross-sectoral coordination to recognize and realize children’s rights across Government, between different levels of government and between Government and civil society - including in particular children and young people themselves. Invariably, many different government departments and other governmental or quasi-governmental bodies affect children’s lives and children’s enjoyment of their rights. Few, if any, government departments have no effect on children’s lives, direct or indirect. Rigorous monitoring of implementation is required, which should be built into the process of government at all levels but also independent monitoring by national human rights institutions, NGOs and others.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES"]},{"id":"crc-gc-2003-5-0028","docId":"crc-gc-2003-5","idx":28,"n":28,"text":"If Government as a whole and at all levels is to promote and respect the rights of the child, it needs to work on the basis of a unifying, comprehensive and rights-based national strategy, rooted in the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0029","docId":"crc-gc-2003-5","idx":29,"n":29,"text":"The Committee commends the development of a comprehensive national strategy or national plan of action for children, built on the framework of the Convention. The Committee expects States parties to take account of the recommendations in its concluding observations on their periodic reports when developing and/or reviewing their national strategies. If such a strategy is to be effective, it needs to relate to the situation of all children, and to all the rights in the Convention. It will need to be developed through a process of consultation, including with children and young people and those living and working with them. As noted above (para. 12), meaningful consultation with children requires special child-sensitive materials and processes; it is not simply about extending to children access to adult processes.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0030","docId":"crc-gc-2003-5","idx":30,"n":30,"text":"Particular attention will need to be given to identifying and giving priority to marginalized and disadvantaged groups of children. The non-discrimination principle in the Convention requires that all the rights guaranteed by the Convention should be recognized for all children within the jurisdiction of States. As noted above (para. 12), the non-discrimination principle does not prevent the taking of special measures to diminish discrimination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0031","docId":"crc-gc-2003-5","idx":31,"n":31,"text":"To give the strategy authority, it will need to be endorsed at the highest level of government. Also, it needs to be linked to national development planning and included in national budgeting; otherwise, the strategy may remain marginalized outside key decision-making processes.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0032","docId":"crc-gc-2003-5","idx":32,"n":32,"text":"The strategy must not be simply a list of good intentions; it must include a description of a sustainable process for realizing the rights of children throughout the State; it must go beyond statements of policy and principle, to set real and achievable targets in relation to the full range of economic, social and cultural and civil and political rights for all children. The comprehensive national strategy may be elaborated in sectoral national plans of action - for example for education and health - setting out specific goals, targeted implementation measures and allocation of financial and human resources. The strategy will inevitably set priorities, but it CRC/GC/2003/5 page 9 must not neglect or dilute in any way the detailed obligations which States parties have accepted under the Convention. The strategy needs to be adequately resourced, in human and financial terms.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0033","docId":"crc-gc-2003-5","idx":33,"n":33,"text":"Developing a national strategy is not a one-off task. Once drafted the strategy will need to be widely disseminated throughout Government and to the public, including children (translated into child-friendly versions as well as into appropriate languages and forms). The strategy will need to include arrangements for monitoring and continuous review, for regular updating and for periodic reports to parliament and to the public.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0034","docId":"crc-gc-2003-5","idx":34,"n":34,"text":"The “national plans of action” which States were encouraged to develop following the first World Summit for Children, held in 1990, were related to the particular commitments set by nations attending the Summit.[[fn:9]] In 1993, the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights, called on States to integrate the Convention on the Rights of the Child into their national human rights action plans.[[fn:10]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":9,"text":"World Summit for Children, “World Declaration on the Survival, Protection and Development of Children and Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1990s”, CF/WSC/1990/WS-001, United Nations, New York, 30 September 1990."},{"n":10,"text":"World Conference on Human Rights, Vienna, 14-25 June 1993, “Vienna Declaration and Programme of Action”, A/CONF.157/23."}],"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0035","docId":"crc-gc-2003-5","idx":35,"n":35,"text":"The outcome document of the United Nations General Assembly special session on children, in 2002, also commits States “to develop or strengthen as a matter of urgency if possible by the end of 2003 national and, where appropriate, regional action plans with a set of specific time-bound and measurable goals and targets based on this plan of action …”.[[fn:11]] The Committee welcomes the commitments made by States to achieve the goals and targets set at the special session on children and identified in the outcome document, A World Fit for Children. But the Committee emphasizes that making particular commitments at global meetings does not in any way reduce States parties’ legal obligations under the Convention. Similarly, preparing specific plans of action in response to the special session does not reduce the need for a comprehensive implementation strategy for the Convention. States should integrate their response to the 2002 special session and to other relevant global conferences into their overall implementation strategy for the Convention as a whole.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":11,"text":"A World Fit for Children, outcome document of the United Nations General Assembly special session on children, 2002, para. 59."}],"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0036","docId":"crc-gc-2003-5","idx":36,"n":36,"text":"The outcome document also encourages States parties to “consider including in their reports to the Committee on the Rights of the Child information on measures taken and results achieved in the implementation of the present Plan of Action”.[[fn:12]] The Committee endorses this proposal; it is committed to monitoring progress towards meeting the commitments made at the special session and will provide further guidance in its revised guidelines for periodic reporting under the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":12,"text":"Ibid., para. 61 (a).","isIbid":true,"resolvedText":"A World Fit for Children, outcome document of the United Nations General Assembly special session on children, 2002, para. 59."}],"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0037","docId":"crc-gc-2003-5","idx":37,"n":37,"text":"In examining States parties’ reports the Committee has almost invariably found it necessary to encourage further coordination of government to ensure effective implementation: coordination among central government departments, among different provinces and regions, between central and other levels of government and between Government and civil society. The purpose of coordination is to ensure respect for all of the Convention’s principles and standards for all children within the State jurisdiction; to ensure that the obligations inherent in ratification of or accession to the Convention are not only recognized by those large departments which have a substantial impact on children - education, health or welfare and so on - but right across Government, including for example departments concerned with finance, planning, employment and defence, and at all levels. CRC/GC/2003/5 page 10","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","B. Coordination of implementation of children’s rights"]},{"id":"crc-gc-2003-5-0038","docId":"crc-gc-2003-5","idx":38,"n":38,"text":"The Committee believes that, as a treaty body, it is not advisable for it to attempt to prescribe detailed arrangements appropriate for very different systems of government across States parties. There are many formal and informal ways of achieving effective coordination, including for example inter-ministerial and interdepartmental committees for children. The Committee proposes that States parties, if they have not already done so, should review the machinery of government from the perspective of implementation of the Convention and in particular of the four articles identified as providing general principles (see paragraph 12 above).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","B. Coordination of implementation of children’s rights"]},{"id":"crc-gc-2003-5-0039","docId":"crc-gc-2003-5","idx":39,"n":39,"text":"Many States parties have with advantage developed a specific department or unit close to the heart of Government, in some cases in the President’s or Prime Minister’s or Cabinet office, with the objective of coordinating implementation and children’s policy. As noted above, the actions of virtually all government departments impact on children’s lives. It is not practicable to bring responsibility for all children’s services together into a single department, and in any case doing so could have the danger of further marginalizing children in Government. But a special unit, if given high-level authority - reporting directly, for example, to the Prime Minister, the President or a Cabinet Committee on children - can contribute both to the overall purpose of making children more visible in Government and to coordination to ensure respect for children’s rights across Government and at all levels of Government. Such a unit can be given responsibility for developing the comprehensive children’s strategy and monitoring its implementation, as well as for coordinating reporting under the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","B. Coordination of implementation of children’s rights"]},{"id":"crc-gc-2003-5-0040","docId":"crc-gc-2003-5","idx":40,"n":40,"text":"The Committee has found it necessary to emphasize to many States that decentralization of power, through devolution and delegation of government, does not in any way reduce the direct responsibility of the State party’s Government to fulfil its obligations to all children within its jurisdiction, regardless of the State structure.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","C. Decentralization, federalization and delegation"]},{"id":"crc-gc-2003-5-0041","docId":"crc-gc-2003-5","idx":41,"n":41,"text":"The Committee reiterates that in all circumstances the State which ratified or acceded to the Convention remains responsible for ensuring the full implementation of the Convention throughout the territories under its jurisdiction. In any process of devolution, States parties have to make sure that the devolved authorities do have the necessary financial, human and other resources effectively to discharge responsibilities for the implementation of the Convention. The Governments of States parties must retain powers to require full compliance with the Convention by devolved administrations or local authorities and must establish permanent monitoring mechanisms to ensure that the Convention is respected and applied for all children within its jurisdiction without discrimination. Further, there must be safeguards to ensure that decentralization or devolution does not lead to discrimination in the enjoyment of rights by children in different regions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","C. Decentralization, federalization and delegation"]},{"id":"crc-gc-2003-5-0042","docId":"crc-gc-2003-5","idx":42,"n":42,"text":"The process of privatization of services can have a serious impact on the recognition and realization of children’s rights. The Committee devoted its 2002 day of general discussion to the theme “The private sector as service provider and its role in implementing child rights”, defining the private sector as including businesses, NGOs and other private associations, both for profit and not-for-profit. Following that day of general discussion, the Committee adopted detailed recommendations to which it draws the attention of States parties.[[fn:13]] CRC/GC/2003/5 page 11","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":13,"text":"Committee on the Rights of the Child, Report on its thirty-first session, September-October 2002, Day of General Discussion on “The private sector as service provider and its role in implementing child rights”, paras. 630-653."}],"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","D. Privatization"]},{"id":"crc-gc-2003-5-0043","docId":"crc-gc-2003-5","idx":43,"n":43,"text":"The Committee emphasizes that States parties to the Convention have a legal obligation to respect and ensure the rights of children as stipulated in the Convention, which includes the obligation to ensure that non-State service providers operate in accordance with its provisions, thus creating indirect obligations on such actors.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","D. Privatization"]},{"id":"crc-gc-2003-5-0044","docId":"crc-gc-2003-5","idx":44,"n":44,"text":"The Committee emphasizes that enabling the private sector to provide services, run institutions and so on does not in any way lessen the State’s obligation to ensure for all children within its jurisdiction the full recognition and realization of all rights in the Convention (arts. 2 (1) and 3 (2)). Article 3 (1) establishes that the best interests of the child shall be a primary consideration in all actions concerning children, whether undertaken by public or private bodies. Article 3 (3) requires the establishment of appropriate standards by competent bodies (bodies with the appropriate legal competence), in particular, in the areas of health, and with regard to the number and suitability of staff. This requires rigorous inspection to ensure compliance with the Convention. The Committee proposes that there should be a permanent monitoring mechanism or process aimed at ensuring that all State and non-State service providers respect the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","D. Privatization"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"3","paragraph":"3","source":"regex"}]},{"id":"crc-gc-2003-5-0045","docId":"crc-gc-2003-5","idx":45,"n":45,"text":"Ensuring that the best interests of the child are a primary consideration in all actions concerning children (art. 3 (1)), and that all the provisions of the Convention are respected in legislation and policy development and delivery at all levels of government demands a continuous process of child impact assessment (predicting the impact of any proposed law, policy or budgetary allocation which affects children and the enjoyment of their rights) and child impact evaluation (evaluating the actual impact of implementation). This process needs to be built into government at all levels and as early as possible in the development of policy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","E. Monitoring implementation - the need for child impact assessment and evaluation"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2003-5-0046","docId":"crc-gc-2003-5","idx":46,"n":46,"text":"Self-monitoring and evaluation is an obligation for Governments. But the Committee also regards as essential the independent monitoring of progress towards implementation by, for example, parliamentary committees, NGOs, academic institutions, professional associations, youth groups and independent human rights institutions (see paragraph 65 below).","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","E. Monitoring implementation - the need for child impact assessment and evaluation"]},{"id":"crc-gc-2003-5-0047","docId":"crc-gc-2003-5","idx":47,"n":47,"text":"The Committee commends certain States which have adopted legislation requiring the preparation and presentation to parliament and/or the public of formal impact analysis statements. Every State should consider how it can ensure compliance with article 3 (1) and do so in a way which further promotes the visible integration of children in policy-making and sensitivity to their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","E. Monitoring implementation - the need for child impact assessment and evaluation"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2003-5-0048","docId":"crc-gc-2003-5","idx":48,"n":48,"text":"Collection of sufficient and reliable data on children, disaggregated to enable identification of discrimination and/or disparities in the realization of rights, is an essential part of implementation. The Committee reminds States parties that data collection needs to extend over the whole period of childhood, up to the age of 18 years. It also needs to be coordinated throughout the jurisdiction, ensuring nationally applicable indicators. States should collaborate with appropriate research institutes and aim to build up a complete picture of progress towards implementation, with qualitative as well as quantitative studies. The reporting guidelines for CRC/GC/2003/5 page 12 periodic reports call for detailed disaggregated statistical and other information covering all areas of the Convention. It is essential not merely to establish effective systems for data collection, but to ensure that the data collected are evaluated and used to assess progress in implementation, to identify problems and to inform all policy development for children. Evaluation requires the development of indicators related to all rights guaranteed by the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","F. Data collection and analysis and development of indicators"]},{"id":"crc-gc-2003-5-0049","docId":"crc-gc-2003-5","idx":49,"n":49,"text":"The Committee commends States parties which have introduced annual publication of comprehensive reports on the state of children’s rights throughout their jurisdiction. Publication and wide dissemination of and debate on such reports, including in parliament, can provide a focus for broad public engagement in implementation. Translations, including child-friendly versions, are essential for engaging children and minority groups in the process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","F. Data collection and analysis and development of indicators"]},{"id":"crc-gc-2003-5-0050","docId":"crc-gc-2003-5","idx":50,"n":50,"text":"The Committee emphasizes that, in many cases, only children themselves are in a position to indicate whether their rights are being fully recognized and realized. Interviewing children and using children as researchers (with appropriate safeguards) is likely to be an important way of finding out, for example, to what extent their civil rights, including the crucial right set out in article 12, to have their views heard and given due consideration, are respected within the family, in schools and so on.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","F. Data collection and analysis and development of indicators"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-5-0051","docId":"crc-gc-2003-5","idx":51,"n":51,"text":"In its reporting guidelines and in the consideration of States parties’ reports, the Committee has paid much attention to the identification and analysis of resources for children in national and other budgets.[[fn:14]] No State can tell whether it is fulfilling children’s economic, social and cultural rights “to the maximum extent of … available resources”, as it is required to do under article 4, unless it can identify the proportion of national and other budgets allocated to the social sector and, within that, to children, both directly and indirectly. Some States have claimed it is not possible to analyse national budgets in this way. But others have done it and publish annual “children’s budgets”. The Committee needs to know what steps are taken at all levels of Government to ensure that economic and social planning and decision-making and budgetary decisions are made with the best interests of children as a primary consideration and that children, including in particular marginalized and disadvantaged groups of children, are protected from the adverse effects of economic policies or financial downturns.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":14,"text":"General Guidelines Regarding the Form and Contents of Periodic Reports to be Submitted under Article 44, Paragraph 1(b), of the Convention on the Rights of the Child, CRC/C/58, 20 November 1996, para. 20."}],"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","G. Making children visible in budgets"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2003-5-0052","docId":"crc-gc-2003-5","idx":52,"n":52,"text":"Emphasizing that economic policies are never neutral in their effect on children’s rights, the Committee has been deeply concerned by the often negative effects on children of structural adjustment programmes and transition to a market economy. The implementation duties of article 4 and other provisions of the Convention demand rigorous monitoring of the effects of such changes and adjustment of policies to protect children’s economic, social and cultural rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","G. Making children visible in budgets"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2003-5-0053","docId":"crc-gc-2003-5","idx":53,"n":53,"text":"The Committee emphasizes States’ obligation to develop training and capacity-building for all those involved in the implementation process - government officials, parliamentarians and members of the judiciary - and for all those working with and for children. These include, for example, community and religious leaders, teachers, social workers and other professionals,","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","H. Training and capacity-building"]},{"id":"crc-gc-2003-5-0054","docId":"crc-gc-2003-5","idx":54,"n":54,"text":"The Committee’s guidelines for periodic reports mention many aspects of training, including specialist training, which are essential if all children are to enjoy their rights. The Convention highlights the importance of the family in its preamble and in many articles. It is particularly important that the promotion of children’s rights should be integrated into preparation for parenthood and parenting education.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","H. Training and capacity-building"]},{"id":"crc-gc-2003-5-0055","docId":"crc-gc-2003-5","idx":55,"n":55,"text":"There should be periodic evaluation of the effectiveness of training, reviewing not only knowledge of the Convention and its provisions but also the extent to which it has contributed to developing attitudes and practice which actively promote enjoyment by children of their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","H. Training and capacity-building"]},{"id":"crc-gc-2003-5-0056","docId":"crc-gc-2003-5","idx":56,"n":56,"text":"Implementation is an obligation for States parties, but needs to engage all sectors of society, including children themselves. The Committee recognizes that responsibilities to respect and ensure the rights of children extend in practice beyond the State and State-controlled services and institutions to include children, parents and wider families, other adults, and non-State services and organizations. The Committee concurs, for example, with general comment No. 14 (2000) of the Committee on Economic, Social and Cultural Rights on the right to the highest attainable standard of health, paragraph 42, of which states: “While only States are parties to the Covenant and thus ultimately accountable for compliance with it, all members of society - individuals, including health professionals, families, local communities, intergovernmental and non-governmental organizations, civil society organizations, as well as the private business sector - have responsibilities regarding the realization of the right to health. States parties should therefore provide an environment which facilitates the discharge of these responsibilities.”","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society"]},{"id":"crc-gc-2003-5-0057","docId":"crc-gc-2003-5","idx":57,"n":57,"text":"Article 12 of the Convention, as already emphasized (see paragraph 12 above), requires due weight to be given to children’s views in all matters affecting them, which plainly includes implementation of “their” Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-5-0058","docId":"crc-gc-2003-5","idx":58,"n":58,"text":"The State needs to work closely with NGOs in the widest sense, while respecting their autonomy; these include, for example, human rights NGOs, child- and youth-led organizations and youth groups, parent and family groups, faith groups, academic institutions and professional associations. NGOs played a crucial part in the drafting of the Convention and their involvement in the process of implementation is vital. CRC/GC/2003/5 page 14","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society"]},{"id":"crc-gc-2003-5-0059","docId":"crc-gc-2003-5","idx":59,"n":59,"text":"The Committee welcomes the development of NGO coalitions and alliances committed to promoting, protecting and monitoring children’s human rights and urges Governments to give them non-directive support and to develop positive formal as well as informal relationships with them. The engagement of NGOs in the reporting process under the Convention, coming within the definition of “competent bodies” under article 45 (a), has in many cases given a real impetus to the process of implementation as well as reporting. The NGO Group for the Convention on the Rights of the Child has a very welcome, strong and supportive impact on the reporting process and other aspects of the Committee’s work. The Committee underlines in its reporting guidelines that the process of preparing a report “should encourage and facilitate popular participation and public scrutiny of government policies”.[[fn:15]] The media can be valuable partners in the process of implementation (see also paragraph 70).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":15,"text":"Ibid., para. 3.","isIbid":true,"resolvedText":"General Guidelines Regarding the Form and Contents of Periodic Reports to be Submitted under Article 44, Paragraph 1(b), of the Convention on the Rights of the Child, CRC/C/58, 20 November 1996, para. 20."}],"section":["I. Cooperation with civil society"],"citedArticles":[{"treaty":"CRC","article":"45","source":"regex"}]},{"id":"crc-gc-2003-5-0060","docId":"crc-gc-2003-5","idx":60,"n":60,"text":"Article 4 emphasizes that implementation of the Convention is a cooperative exercise for the States of the world. This article and others in the Convention highlight the need for international cooperation.[[fn:16]] The Charter of the United Nations (Arts. 55 and 56) identifies the overall purposes of international economic and social cooperation, and members pledge themselves under the Charter “to take joint and separate action in cooperation with the Organization” to achieve these purposes. In the United Nations Millennium Declaration and at other global meetings, including the United Nations General Assembly special session on children, States have pledged themselves, in particular, to international cooperation to eliminate poverty.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":16,"text":"The following articles of the Convention relate to international cooperation explicitly: articles 7 (2); 11 (2); 17 (b); 21 (e); 22 (2); 23 (4); 24 (4); 27 (4); 28 (3); 34 and 35."}],"section":["I. Cooperation with civil society","J. International cooperation"],"citedArticles":[{"article":"4","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text opens 'Article 4 emphasizes that implementation of the Convention is a cooperative exercise', referring to CRC article 4 on implementation and international cooperation."}]},{"id":"crc-gc-2003-5-0061","docId":"crc-gc-2003-5","idx":61,"n":61,"text":"The Committee advises States parties that the Convention should form the framework for international development assistance related directly or indirectly to children and that programmes of donor States should be rights-based. The Committee urges States to meet internationally agreed targets, including the United Nations target for international development assistance of 0.7 per cent of gross domestic product. This goal was reiterated along with other targets in the Monterrey Consensus, arising from the 2002 International Conference on Financing for Development.[[fn:17]] The Committee encourages States parties that receive international aid and assistance to allocate a substantive part of that aid specifically to children. The Committee expects States parties to be able to identify on a yearly basis the amount and proportion of international support earmarked for the implementation of children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":17,"text":"Report of the International Conference on Financing for Development, Monterrey, Mexico, 18-22 March 2002 (A/Conf.198/11)."}],"section":["I. Cooperation with civil society","J. International cooperation"]},{"id":"crc-gc-2003-5-0062","docId":"crc-gc-2003-5","idx":62,"n":62,"text":"The Committee endorses the aims of the 20/20 initiative, to achieve universal access to basic social services of good quality on a sustainable basis, as a shared responsibility of developing and donor States. The Committee notes that international meetings held to review progress have concluded that many States are going to have difficulty meeting fundamental economic and social rights unless additional resources are allocated and efficiency in resource allocation is increased. The Committee takes note of and encourages efforts being made to reduce poverty in the most heavily indebted countries through the Poverty Reduction Strategy Paper (PRSP). As the central, country-led strategy for achieving the millennium development goals, PRSPs must include a strong focus on children’s rights. The Committee urges Governments, donors and civil society to ensure that children are a prominent priority in the development of PRSPs and sectorwide approaches to development (SWAps). Both PRSPs","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","J. International cooperation"]},{"id":"crc-gc-2003-5-0063","docId":"crc-gc-2003-5","idx":63,"n":63,"text":"The Committee encourages States to provide and to use, as appropriate, technical assistance in the process of implementing the Convention. The United Nations Children’s Fund (UNICEF), the Office of the High Commissioner for Human Rights (OHCHR) and other United Nations and United Nations-related agencies can provide technical assistance with many aspects of implementation. States parties are encouraged to identify their interest in technical assistance in their reports under the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","J. International cooperation"]},{"id":"crc-gc-2003-5-0064","docId":"crc-gc-2003-5","idx":64,"n":64,"text":"In their promotion of international cooperation and technical assistance, all United Nations and United Nations-related agencies should be guided by the Convention and should mainstream children’s rights throughout their activities. They should seek to ensure within their influence that international cooperation is targeted at supporting States to fulfil their obligations under the Convention. Similarly the World Bank Group, the International Monetary Fund and World Trade Organization should ensure that their activities related to international cooperation and economic development give primary consideration to the best interests of children and promote full implementation of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","J. International cooperation"]},{"id":"crc-gc-2003-5-0065","docId":"crc-gc-2003-5","idx":65,"n":65,"text":"In its general comment No. 2 (2002) entitled “The role of independent national human rights institutions in the protection and promotion of the rights of the child”, the Committee notes that it “considers the establishment of such bodies to fall within the commitment made by States parties upon ratification to ensure the implementation of the Convention and advance the universal realization of children’s rights”. Independent human rights institutions are complementary to effective government structures for children; the essential element is independence: “The role of national human rights institutions is to monitor independently the State’s compliance and progress towards implementation and to do all it can to ensure full respect for children’s rights. While this may require the institution to develop projects to enhance the promotion and protection of children’s rights, it should not lead to the Government delegating its monitoring obligations to the national institution. It is essential that institutions remain entirely free to set their own agenda and determine their own activities.” General comment No. 2 provides detailed guidance on the establishment and operation of independent human rights institutions for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":18,"text":"HRI/GEN/1/Rev. 6, para. 25, p. 295."}],"section":["I. Cooperation with civil society","K. Independent human rights institutions"]},{"id":"crc-gc-2003-5-0066","docId":"crc-gc-2003-5","idx":66,"n":66,"text":"Individuals need to know what their rights are. Traditionally in most, if not all, societies children have not been regarded as rights holders. So article 42 acquires a particular importance. If the adults around children, their parents and other family members, teachers and carers do not","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","Article 42: Making the Convention known to adults and children"],"citedArticles":[{"treaty":"CRC","article":"42","source":"regex"}]},{"id":"crc-gc-2003-5-0067","docId":"crc-gc-2003-5","idx":67,"n":67,"text":"The Committee proposes that States should develop a comprehensive strategy for disseminating knowledge of the Convention throughout society. This should include information on those bodies - governmental and independent - involved in implementation and monitoring and on how to contact them. At the most basic level, the text of the Convention needs to be made widely available in all languages (and the Committee commends the collection of official and unofficial translations of the Convention made by OHCHR. There needs to be a strategy for dissemination of the Convention among illiterate people. UNICEF and NGOs in many States have developed child-friendly versions of the Convention for children of various ages - a process the Committee welcomes and encourages; these should also inform children of sources of help and advice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","Article 42: Making the Convention known to adults and children"]},{"id":"crc-gc-2003-5-0068","docId":"crc-gc-2003-5","idx":68,"n":68,"text":"Children need to acquire knowledge of their rights and the Committee places special emphasis on incorporating learning about the Convention and human rights in general into the school curriculum at all stages. The Committee’s general comment No. 1 (2001) entitled “The aims of education” (art. 29, para. 1), should be read in conjunction with this. Article 29, paragraph 1, requires that the education of the child shall be directed to “… the development of respect for human rights and fundamental freedoms … ”. The general comment underlines: “Human rights education should provide information on the content of human rights treaties. But children should also learn about human rights by seeing human rights standards implemented in practice whether at home, in school or within the community. Human rights education should be a comprehensive, lifelong process and start with the reflection of human rights values in the daily life and experiences of children.”[[fn:19]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":19,"text":"Ibid., para. 15, p. 286.","isIbid":true,"resolvedText":"HRI/GEN/1/Rev. 6, para. 25, p. 295."}],"section":["I. Cooperation with civil society","Article 42: Making the Convention known to adults and children"],"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-gc-2003-5-0069","docId":"crc-gc-2003-5","idx":69,"n":69,"text":"Similarly, learning about the Convention needs to be integrated into the initial and inservice training of all those working with and for children (see paragraph 53 above). The Committee reminds States parties of the recommendations it made following its meeting on general measures of implementation held to commemorate the tenth anniversary of adoption of the Convention, in which it recalled that “dissemination and awareness-raising about the rights of the child are most effective when conceived as a process of social change, of interaction and dialogue rather than lecturing. Raising awareness should involve all sectors of society, including children and young people. Children, including adolescents, have the right to participate in raising awareness about their rights to the maximum extent of their evolving capacities”.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":20,"text":"See CRC/C/90, para. 291 (k)."},{"n":21,"text":"Ibid., para. 291 (l).","isIbid":true,"resolvedText":"See CRC/C/90, para. 291 (k)."}],"section":["I. Cooperation with civil society","Article 42: Making the Convention known to adults and children"]},{"id":"crc-gc-2003-5-0070","docId":"crc-gc-2003-5","idx":70,"n":70,"text":"The media can play a crucial role in the dissemination of the Convention and knowledge and understanding of it and the Committee encourages their voluntary engagement in the process, which may be stimulated by governments and by NGOs.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":22,"text":"The Committee held a day of general discussion on the theme “The child and the media” in 1996, adopting detailed recommendations (see CRC/C/57, paras. 242 et seq.)."}],"section":["I. Cooperation with civil society","Article 42: Making the Convention known to adults and children"]},{"id":"crc-gc-2003-5-0071","docId":"crc-gc-2003-5","idx":71,"n":71,"text":"If reporting under the Convention is to play the important part it should in the process of implementation at the national level, it needs to be known about by adults and children throughout the State party. The reporting process provides a unique form of international accountability for how States treat children and their rights. But unless reports are disseminated and constructively debated at the national level, the process is unlikely to have substantial impact on children’s lives.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","Article 44 (6): Making reports under the Convention widely available"]},{"id":"crc-gc-2003-5-0072","docId":"crc-gc-2003-5","idx":72,"n":72,"text":"The Convention explicitly requires States to make their reports widely available to the public; this should be done when they are submitted to the Committee. Reports should be made genuinely accessible, for example through translation into all languages, into appropriate forms for children and for people with disabilities and so on. The Internet may greatly aid dissemination, and Governments and parliaments are strongly urged to place such reports on their web sites.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","Article 44 (6): Making reports under the Convention widely available"]},{"id":"crc-gc-2003-5-0073","docId":"crc-gc-2003-5","idx":73,"n":73,"text":"The Committee urges States to make all the other documentation of the examination of their reports under the Convention widely available to promote constructive debate and inform the process of implementation at all levels. In particular, the Committee’s concluding observations should be disseminated to the public including children and should be the subject of detailed debate in parliament. Independent human rights institutions and NGOs can play a crucial role in helping to ensure widespread debate. The summary records of the examination of government representatives by the Committee aid understanding of the process and of the Committee’s requirements and should also be made available and discussed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","Article 44 (6): Making reports under the Convention widely available"]},{"id":"crc-gc-2005-6-0001","docId":"crc-gc-2005-6","idx":1,"n":1,"text":"The objective of this general comment is to draw attention to the particularly vulnerable situation of unaccompanied and separated children; to outline the multifaceted challenges faced by States and other actors in ensuring that such children are able to access and enjoy their rights; and, to provide guidance on the protection, care and proper treatment of unaccompanied and separated children based on the entire legal framework provided by the Convention on the Rights of the Child (the “Convention”), with particular reference to the principles of non-discrimination, the best interests of the child and the right of the child to express his or her views freely.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0002","docId":"crc-gc-2005-6","idx":2,"n":2,"text":"The issuing of this general comment is motivated by the Committee’s observation of an increasing number of children in such situations. There are varied and numerous reasons for a child being unaccompanied or separated, including: persecution of the child or the parents; international conflict and civil war; trafficking in various contexts and forms, including sale by parents; and the search for better economic opportunities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0003","docId":"crc-gc-2005-6","idx":3,"n":3,"text":"The issuing of the general comment is further motivated by the Committee’s identification of a number of protection gaps in the treatment of such children, including the following: unaccompanied and separated children face greater risks of, inter alia, sexual exploitation and abuse, military recruitment, child labour (including for their foster families) and detention. They are often discriminated against and denied access to food, shelter, housing, health services and education. Unaccompanied and separated girls are at particular risk of gender-based violence, including domestic violence. In some situations, such children have no access to proper and appropriate identification, registration, age assessment, documentation, family tracing, guardianship systems or legal advice. In many countries, unaccompanied and separated children are routinely denied entry to or detained by border or immigration officials. In other cases they are admitted but are denied access to asylum procedures or their asylum claims are not handled in an age and gender-sensitive manner. Some countries prohibit separated children who are recognized as refugees from applying for family reunification; others permit reunification but impose conditions so restrictive as to make it virtually impossible to achieve. Many such children are granted only temporary status, which ends when they turn 18, and there are few effective return programmes.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0004","docId":"crc-gc-2005-6","idx":4,"n":4,"text":"Concerns such as these have led the Committee to frequently raise issues related to unaccompanied and separated children in its concluding observations. This general comment will compile and consolidate standards developed, inter alia, through the Committee’s monitoring efforts and shall thereby provide clear guidance to States on the obligations deriving from the Convention with regard to this particular vulnerable group of children. In applying these standards, States parties must be cognizant of their evolutionary character and therefore recognize that their obligations may develop beyond the standards articulated herein. These standards shall in no way impair further-reaching rights and benefits offered to unaccompanied and separated children under regional human rights instruments or national systems, international and regional refugee law or international humanitarian law.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0005","docId":"crc-gc-2005-6","idx":5,"n":5,"text":"This general comment applies to unaccompanied and separated children who find themselves outside their country of nationality (consistent with article 7) or, if stateless, outside their country of habitual residence. The general comment applies to all such children irrespective of their residence status and reasons for being abroad, and whether they are unaccompanied or separated. However, it does not apply to children who have not crossed an international border, even though the Committee acknowledges the many similar challenges related to internally displaced unaccompanied and separated children, recognizes that much of the guidance offered below is also valuable in relation to such children, and strongly encourages States to adopt relevant aspects of this general comment in relation to the protection, care and treatment of unaccompanied and separated children who are displaced within their own country.","labels":["Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"}]},{"id":"crc-gc-2005-6-0006","docId":"crc-gc-2005-6","idx":6,"n":6,"text":"While the mandate of the Committee is confined to its supervisory function in relation to the Convention, its interpretation efforts must be conducted in the context of the entirety of applicable international human rights norms and, therefore, the general comment adopts a holistic approach to the question of the proper treatment of unaccompanied and separated children. This acknowledges that all human rights, including those contained in the Convention, are indivisible and interdependent. The importance of other international human rights instruments to the protection of the child is also recognized in the preamble to the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0007","docId":"crc-gc-2005-6","idx":7,"n":7,"text":"“Unaccompanied children” (also called unaccompanied minors) are children, as defined in article 1 of the Convention, who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0008","docId":"crc-gc-2005-6","idx":8,"n":8,"text":"“Separated children” are children, as defined in article 1 of the Convention, who have been separated from both parents, or from their previous legal or customary primary caregiver, but not necessarily from other relatives. These may, therefore, include children accompanied by other adult family members.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0009","docId":"crc-gc-2005-6","idx":9,"n":9,"text":"A “child as defined in article 1 of the Convention”, means “every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier”. This means that any instruments governing children in the territory of the State cannot define a child in any way that deviates from the norms determining the age of majority in that State.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0010","docId":"crc-gc-2005-6","idx":10,"n":10,"text":"If not otherwise specified, the guidelines below apply equally to both unaccompanied and separated children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0011","docId":"crc-gc-2005-6","idx":11,"n":11,"text":"“Country of origin” is the country of nationality or, in the case of a stateless child, the country of habitual residence.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0012","docId":"crc-gc-2005-6","idx":12,"n":12,"text":"State obligations under the Convention apply to each child within the State’s territory and to all children subject to its jurisdiction (art. 2). These State obligations cannot be arbitrarily and unilaterally curtailed either by excluding zones or areas from a State’s territory or by defining particular zones or areas as not, or only partly, under the jurisdiction of the State. Moreover, State obligations under the Convention apply within the borders of a State, including with respect to those children who come under the State’s jurisdiction while attempting to enter the country’s territory. Therefore, the enjoyment of rights stipulated in the Convention is not limited to children who are citizens of a State party and must therefore, if not explicitly stated otherwise in the Convention, also be available to all children - including asylum-seeking, refugee and migrant children - irrespective of their nationality, immigration status or statelessness.","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0013","docId":"crc-gc-2005-6","idx":13,"n":13,"text":"Obligations deriving from the Convention vis-à-vis unaccompanied and separated children apply to all branches of government (executive, legislative and judicial). They include the obligation to establish national legislation; administrative structures; and the necessary research, information, data compilation and comprehensive training activities to support such measures. Such legal obligations are both negative and positive in nature, requiring States not only to refrain from measures infringing on such children’s rights, but also to take measures to ensure the enjoyment of these rights without discrimination. Such responsibilities are not only limited to the provision of protection and assistance to children who are already unaccompanied or separated, but include measures to prevent separation (including the implementation of safeguards in case of evacuation). The positive aspect of these protection obligations also extends to requiring States to take all necessary measures to identify children as being unaccompanied or separated at the earliest possible stage, including at the border, to carry out tracing activities and, where possible and if in the child’s best interest, to reunify separated and unaccompanied children with their families as soon as possible.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0014","docId":"crc-gc-2005-6","idx":14,"n":14,"text":"As reaffirmed in its general comment No. 5 (2003) (paras. 18-23), States parties to the Convention have to ensure that the provisions and principles of the treaty are fully reflected and given legal effect in relevant domestic legislation. In case of any conflict in legislation, predominance should always be given to the Convention, in light of article 27 of the Vienna Convention on the Law of Treaties.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-gc-2005-6-0015","docId":"crc-gc-2005-6","idx":15,"n":15,"text":"15. In order to ensure a conducive legal environment and in light of article 41 (b) of the Convention, States parties are also encouraged to ratify other international instruments that address issues relating to unaccompanied and separated children, including the two Optional Protocols to the Convention on the Rights of the Child (on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “CAT”), the Convention on the Elimination of All Forms of Discrimination against Women, the Convention relating to the Status of Refugees (“the 1951 Refugee Convention”)","labels":["Refugees & asylum-seekers","Children","Non-citizens and stateless","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"article":"41","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 41 (b) of the Convention' in a CRC general comment; art. 41 CRC is the 'most favourable provisions' saving clause."}]},{"id":"crc-gc-2005-6-0016","docId":"crc-gc-2005-6","idx":16,"n":16,"text":"In view of the absolute nature of obligations deriving from the Convention and their lex specialis character, article 2, paragraph 3, of the International Covenant on Economic, Social and Cultural Rights would not apply with regard to unaccompanied and separated children. In application of article 4 of the Convention, the particular vulnerability of unaccompanied and separated children, explicitly recognized in article 20 of the Convention, must be taken into account and will result in making the assignment of available resources to such children a priority. States are expected to accept and facilitate assistance offered within their respective mandates by the United Nations Children’s Fund (UNICEF), UNHCR and other agencies (article 22 (2) of the Convention) in order to meet the needs of unaccompanied and separated children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"},{"treaty":"ICESCR","article":"20","source":"regex"},{"treaty":"ICESCR","article":"22","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0017","docId":"crc-gc-2005-6","idx":17,"n":17,"text":"The Committee believes that reservations made by States parties to the Convention should not in any way limit the rights of unaccompanied and separated children. As is systematically done with States parties during the reporting process, the Committee recommends that, in the light of the Vienna Declaration and Programme of Action adopted at the 1993 World Conference on Human Rights in Vienna, reservations limiting the rights of unaccompanied and separated children be reviewed with the objective of withdrawal.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0018","docId":"crc-gc-2005-6","idx":18,"n":18,"text":"The principle of non-discrimination, in all its facets, applies in respect to all dealings with separated and unaccompanied children. In particular, it prohibits any discrimination on the basis of the status of a child as being unaccompanied or separated, or as being a refugee, asylum seeker or migrant. This principle, when properly understood, does not prevent, but may indeed call for, differentiation on the basis of different protection needs such as those deriving from age and/or gender. Measures should also be taken to address possible misperceptions and stigmatization of unaccompanied or separated children within the society. Policing or other measures concerning unaccompanied or separated children relating to public order are only permissible where such measures are based on the law; entail individual rather than collective assessment; comply with the principle of proportionality; and represent the least intrusive option. In order not to violate the prohibition on non-discrimination, such measures can, therefore, never be applied on a group or collective basis.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0019","docId":"crc-gc-2005-6","idx":19,"n":19,"text":"Article 3 (1) states that “[i]n all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. In the case of a displaced child, the principle must be respected during all stages of the displacement cycle. At any of these stages, a best interests determination must be documented in preparation of any decision fundamentally impacting on the unaccompanied or separated child’s life.","labels":["Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0020","docId":"crc-gc-2005-6","idx":20,"n":20,"text":"A determination of what is in the best interests of the child requires a clear and comprehensive assessment of the child’s identity, including her or his nationality, upbringing, ethnic, cultural and linguistic background, particular vulnerabilities and protection needs. Consequently, allowing the child access to the territory is a prerequisite to this initial assessment process. The assessment process should be carried out in a friendly and safe atmosphere by qualified professionals who are trained in age and gender-sensitive interviewing techniques.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0021","docId":"crc-gc-2005-6","idx":21,"n":21,"text":"Subsequent steps, such as the appointment of a competent guardian as expeditiously as possible, serves as a key procedural safeguard to ensure respect for the best interests of an unaccompanied or separated child. Therefore, such a child should only be referred to asylum or other procedures after the appointment of a guardian. In cases where separated or unaccompanied children are referred to asylum procedures or other administrative or judicial proceedings, they should also be provided with a legal representative in addition to a guardian.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0022","docId":"crc-gc-2005-6","idx":22,"n":22,"text":"Respect for best interests also requires that, where competent authorities have placed an unaccompanied or separated child “for the purposes of care, protection or treatment of his or her physical or mental health”, the State recognizes the right of that child to a “periodic review” of their treatment and “all other circumstances relevant to his or her placement” (article 25 of the Convention).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"25","source":"regex"}]},{"id":"crc-gc-2005-6-0023","docId":"crc-gc-2005-6","idx":23,"n":23,"text":"The obligation of the State party under article 6 includes protection from violence and exploitation, to the maximum extent possible, which would jeopardize a child’s right to life, survival and development. Separated and unaccompanied children are vulnerable to various risks that affect their life, survival and development such as trafficking for purposes of sexual or other exploitation or involvement in criminal activities which could result in harm to the child, or in extreme cases, in death. Accordingly, article 6 necessitates vigilance by States parties in this regard, particularly when organized crime may be involved. While the issue of trafficking of children is beyond the scope of this general comment, the Committee notes that there is often a link between trafficking and the situation of separated and unaccompanied children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-gc-2005-6-0024","docId":"crc-gc-2005-6","idx":24,"n":24,"text":"24. The Committee is of the view that practical measures should be taken at all levels to protect children from the risks mentioned above. Such measures could include: priority procedures for child victims of trafficking, the prompt appointment of guardians, the provision of","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0025","docId":"crc-gc-2005-6","idx":25,"n":25,"text":"Pursuant to article 12 of the Convention, in determining the measures to be adopted with regard to unaccompanied or separated children, the child’s views and wishes should be elicited and taken into account (art. 12 (1)). To allow for a well-informed expression of such views and wishes, it is imperative that such children are provided with all relevant information concerning, for example, their entitlements, services available including means of communication, the asylum process, family tracing and the situation in their country of origin (arts. 13, 17 and 22 (2)). In guardianship, care and accommodation arrangements, and legal representation, children’s views should also be taken into account. Such information must be provided in a manner that is appropriate to the maturity and level of understanding of each child. As participation is dependent on reliable communication, where necessary, interpreters should be made available at all stages of the procedure.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0026","docId":"crc-gc-2005-6","idx":26,"n":26,"text":"In affording proper treatment of unaccompanied or separated children, States must fully respect non-refoulement obligations deriving from international human rights, humanitarian and refugee law and, in particular, must respect obligations codified in article 33 of the 1951 Refugee Convention and in article 3 of CAT.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Respect for the principle of non-refoulement"],"citedArticles":[{"article":"33","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 33 of the 1951 Refugee Convention' - not in scope."},{"article":"3","treaty":"CAT","confidence":"high","source":"opus","rationale":"Text explicitly says 'article 3 of CAT' (non-refoulement)."}]},{"id":"crc-gc-2005-6-0027","docId":"crc-gc-2005-6","idx":27,"n":27,"text":"Furthermore, in fulfilling obligations under the Convention, States shall not return a child to a country where there are substantial grounds for believing that there is a real risk of irreparable harm to the child, such as, but by no means limited to, those contemplated under articles 6 and 37 of the Convention, either in the country to which removal is to be effected or in any country to which the child may subsequently be removed. Such non-refoulement obligations apply irrespective of whether serious violations of those rights guaranteed under the Convention originate from non-State actors or whether such violations are directly intended or are the indirect consequence of action or inaction. The assessment of the risk of such serious violations should be conducted in an age and gender-sensitive manner and should, for example, take into account the particularly serious consequences for children of the insufficient provision of food or health services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Respect for the principle of non-refoulement"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-gc-2005-6-0028","docId":"crc-gc-2005-6","idx":28,"n":28,"text":"As underage recruitment and participation in hostilities entails a high risk of irreparable harm involving fundamental human rights, including the right to life, State obligations deriving from article 38 of the Convention, in conjunction with articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, entail extraterritorial effects and States shall refrain from returning a child in any manner whatsoever to the borders of a State where there is a real risk of underage recruitment, including recruitment not only as a combatant but also to provide sexual services for the military or where there is a real risk of direct or indirect participation in hostilities, either as a combatant or through carrying out other military duties.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Respect for the principle of non-refoulement"],"citedArticles":[{"article":"38","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 38 of CRC — involvement of children in armed conflict / non-refoulement in that context. Text explicitly states 'article 38 of the Convention'."},{"article":"3","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict' — CRC-OPAC art. 3 (prohibition on compulsory recruitment under 18)."},{"article":"4","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Same sentence: 'articles 3 and 4 of the Optional Protocol … on the involvement of children in armed conflict' — CRC-OPAC art. 4 (non-State armed groups)."}]},{"id":"crc-gc-2005-6-0029","docId":"crc-gc-2005-6","idx":29,"n":29,"text":"States parties must protect the confidentiality of information received in relation to an unaccompanied or separated child, consistent with the obligation to protect the child’s rights, including the right to privacy (art. 16). This obligation applies in all settings, including health and social welfare. Care must be taken that information sought and legitimately shared for one purpose is not inappropriately used for that of another.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(g) Confidentiality"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2005-6-0030","docId":"crc-gc-2005-6","idx":30,"n":30,"text":"Confidentiality concerns also involve respect for the rights of others. For example, in obtaining, sharing and preserving the information collected in respect of unaccompanied and separated children, particular care must be taken in order not to endanger the well-being of persons still within the child’s country of origin, especially the child’s family members. Furthermore, information relating to the whereabouts of the child shall only be withheld vis-à-vis the parents where required for the safety of the child or to otherwise secure the “best interests” of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(g) Confidentiality"]},{"id":"crc-gc-2005-6-0031","docId":"crc-gc-2005-6","idx":31,"n":31,"text":"31. The best interests of the child must also be a guiding principle for determining the priority of protection needs and the chronology of measures to be applied in respect of unaccompanied and separated children. This necessary initial assessment process, in particular, entails the following:","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Initial assessment and measures"],"citedArticles":[{"article":"8","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text says '(art. 8)' in CRC GC context on identification of separated children; CRC art. 8 (preservation of identity) is the fit."},{"article":"1","treaty":"CRC","confidence":"medium","source":"opus","rationale":"No explicit art. 1 reference visible in text; likely a spurious regex hit from enumeration markers '(i)' etc. Conservative default to home_treaty CRC kept."},{"article":"1","paragraph":"2","treaty":"CRC","confidence":"medium","source":"opus","rationale":"No explicit art. 1(2) reference visible in text; likely spurious regex hit on enumeration markers '(ii)'. Conservative default to home_treaty CRC kept."}]},{"id":"crc-gc-2005-6-0032","docId":"crc-gc-2005-6","idx":32,"n":32,"text":"Any further actions relating to the residence and other status of the child in the territory of the State should be based on the findings of an initial protection assessment carried out in accordance with the above procedures. States should refrain from referring unaccompanied and separated children into asylum procedures if their presence in the territory does not raise the question of international refugee protection needs. This is without prejudice to the obligation of States to refer unaccompanied or separated children to relevant procedures serving child protection, such as those foreseen under child welfare legislation.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0033","docId":"crc-gc-2005-6","idx":33,"n":33,"text":"States are required to create the underlying legal framework and to take necessary measures to secure proper representation of an unaccompanied or separated child’s best interests. Therefore, States should appoint a guardian or adviser as soon as the unaccompanied or separated child is identified and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the State, in compliance with the Convention and other international obligations. The guardian should be consulted and informed regarding all actions taken in relation to the child. The guardian should have the authority to be present in all planning and decision-making processes, including immigration and appeal hearings, care arrangements and all efforts to search for a durable solution. The guardian or adviser should have the necessary expertise in the field of childcare, so as to ensure that the interests of the child are safeguarded and that the child’s legal, social, health, psychological, material and educational needs are appropriately covered by, inter alia, the guardian acting as a link between the child and existing specialist agencies/individuals who provide the continuum of care required by the child. Agencies or individuals whose interests could potentially be in conflict with those of the child’s should not be eligible for guardianship. For example, non-related adults whose primary relationship to the child is that of an employer should be excluded from a guardianship role.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0034","docId":"crc-gc-2005-6","idx":34,"n":34,"text":"In the case of a separated child, guardianship should regularly be assigned to the accompanying adult family member or non-primary family caretaker unless there is an indication that it would not be in the best interests of the child to do so, for example, where the accompanying adult has abused the child. In cases where a child is accompanied by a non family adult or caretaker, suitability for guardianship must be scrutinized more closely. If such a guardian is able and willing to provide day-to-day care, but unable to adequately represent the child’s best interests in all spheres and at all levels of the child’s life, supplementary measures (such as the appointment of an adviser or legal representative) must be secured.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0035","docId":"crc-gc-2005-6","idx":35,"n":35,"text":"Review mechanisms shall be introduced and implemented to monitor the quality of the exercise of guardianship in order to ensure the best interests of the child are being represented throughout the decision-making process and, in particular, to prevent abuse.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0036","docId":"crc-gc-2005-6","idx":36,"n":36,"text":"In cases where children are involved in asylum procedures or administrative or judicial proceedings, they should, in addition to the appointment of a guardian, be provided with legal representation.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0037","docId":"crc-gc-2005-6","idx":37,"n":37,"text":"At all times children should be informed of arrangements with respect to guardianship and legal representation and their opinions should be taken into consideration.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0038","docId":"crc-gc-2005-6","idx":38,"n":38,"text":"In large-scale emergencies, where it will be difficult to establish guardianship arrangements on an individual basis, the rights and best interests of separated children should be safeguarded and promoted by States and organizations working on behalf of these children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0039","docId":"crc-gc-2005-6","idx":39,"n":39,"text":"Unaccompanied or separated children are children temporarily or permanently deprived of their family environment and, as such, are beneficiaries of States’ obligations under article 20 of the Convention and shall be entitled to special protection and assistance provided by the relevant State.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-gc-2005-6-0040","docId":"crc-gc-2005-6","idx":40,"n":40,"text":"40. Mechanisms established under national law in order to ensure alternative care for such children in accordance with article 22 of the Convention, shall also cover unaccompanied or separated children outside their country of origin. A wide range of options for care and accommodation arrangements exist and are explicitly acknowledged in article 20 (3) as follows: “… inter alia, foster placement, kafalah of Islamic law, adoption or, if necessary, placement in suitable institutions for the care of children”. When selecting from these options, the particular vulnerabilities of such a child, not only having lost connection with his or her family environment, but further finding him or herself outside of his or her country of origin, as well as the child’s age and gender, should be taken into account. In particular, due regard ought to be taken of the desirability of continuity in a child’s upbringing and to the ethnic, religious, cultural and linguistic background as assessed in the identification, registration and documentation process. Such care and accommodation arrangements should comply with the following parameters:","labels":["Refugees & asylum-seekers","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"22","source":"regex"},{"treaty":"CRC","article":"20","paragraph":"3","source":"regex"}]},{"id":"crc-gc-2005-6-0041","docId":"crc-gc-2005-6","idx":41,"n":41,"text":"States should ensure that access to education is maintained during all phases of the displacement cycle. Every unaccompanied and separated child, irrespective of status, shall have full access to education in the country that they have entered in line with articles 28, 29 (1) (c), 30 and 32 of the Convention and the general principles developed by the Committee. Such access should be granted without discrimination and in particular, separated and unaccompanied girls shall have equal access to formal and informal education, including vocational training at all levels. Access to quality education should also be ensured for children with special needs, in particular children with disabilities.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"},{"treaty":"CRC","article":"32","source":"regex"}]},{"id":"crc-gc-2005-6-0042","docId":"crc-gc-2005-6","idx":42,"n":42,"text":"42. The unaccompanied or separated child should be registered with appropriate school authorities as soon as possible and get assistance in maximizing learning opportunities. All unaccompanied and separated children have the right to maintain their cultural identity and values, including the maintenance and development of their native language. All adolescents should be allowed to enrol in vocational/professional training or education, and early learning","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0043","docId":"crc-gc-2005-6","idx":43,"n":43,"text":"States shall, in particular where government capacity is limited, accept and facilitate the assistance offered by UNICEF, the United Nations Educational, Scientific and Cultural Organization (UNESCO), UNHCR and other United Nations agencies within their respective mandates, as well as, where appropriate, other competent intergovernmental organizations or non-governmental organizations (art. 22 (2)) in order to meet the educational needs of unaccompanied and separated children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"22","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0044","docId":"crc-gc-2005-6","idx":44,"n":44,"text":"States should ensure that separated and unaccompanied children have a standard of living adequate for their physical, mental, spiritual and moral development. As provided in article 27 (2) of the Convention, States shall provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"27","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0045","docId":"crc-gc-2005-6","idx":45,"n":45,"text":"States shall, in particular where government capacity is limited, accept and facilitate the assistance offered by UNICEF, UNESCO, UNHCR and other United Nations agencies within their respective mandates, as well as, where appropriate, other competent intergovernmental organizations or non-governmental organizations (art. 22 (2)) in order to secure an adequate standard of living for unaccompanied and separated children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"22","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0046","docId":"crc-gc-2005-6","idx":46,"n":46,"text":"When implementing the right to enjoy the highest attainable standard of health and facilities for the treatment of illness and rehabilitation of health under article 24 of the Convention, States are obligated to ensure that unaccompanied and separated children have the same access to health care as children who are ... nationals ... .","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2005-6-0047","docId":"crc-gc-2005-6","idx":47,"n":47,"text":"In ensuring their access, States must assess and address the particular plight and vulnerabilities of such children. They should, in particular, take into account the fact that unaccompanied children have undergone separation from family members and have also, to varying degrees, experienced loss, trauma, disruption and violence. Many such children, in particular those who are refugees, have further experienced pervasive violence and the stress associated with a country afflicted by war. This may have created deep-rooted feelings of helplessness and undermined a child’s trust in others. Moreover, girls are particularly susceptible to marginalization, poverty and suffering during armed conflict, and many may have experienced gender-based violence in the context of armed conflict. The profound trauma experienced by many affected children calls for special sensitivity and attention in their care and rehabilitation.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0048","docId":"crc-gc-2005-6","idx":48,"n":48,"text":"48. The obligation under article 39 of the Convention sets out the duty of States to provide rehabilitation services to children who have been victims of any form of abuse,","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2005-6-0049","docId":"crc-gc-2005-6","idx":49,"n":49,"text":"States shall, in particular where government capacity is limited, accept and facilitate assistance offered by UNICEF, the World Health Organization (WHO), United Nations Joint Programme on HIV/AIDS (UNAIDS), UNHCR and other agencies (art. 22 (2)) within their respective mandates, as well as, where appropriate, other competent intergovernmental organizations or non-governmental organizations in order to meet the health and health-care needs of unaccompanied and separated children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"22","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0050","docId":"crc-gc-2005-6","idx":50,"n":50,"text":"Unaccompanied or separated children in a country outside their country of origin are particularly vulnerable to exploitation and abuse. Girls are at particular risk of being trafficked, including for purposes of sexual exploitation.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0051","docId":"crc-gc-2005-6","idx":51,"n":51,"text":"Articles 34 to 36 of the Convention must be read in conjunction with special protection and assistance obligations to be provided according to article 20 of the Convention, in order to ensure that unaccompanied and separated children are shielded from trafficking, and from sexual and other forms of exploitation, abuse and violence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"34","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-gc-2005-6-0052","docId":"crc-gc-2005-6","idx":52,"n":52,"text":"Trafficking of such a child, or “re-trafficking” in cases where a child was already a victim of trafficking, is one of many dangers faced by unaccompanied or separated children. Trafficking in children is a threat to the fulfilment of their right to life, survival and development (art. 6). In accordance with article 35 of the Convention, States parties should take appropriate measures to prevent such trafficking. Necessary measures include identifying unaccompanied and separated children; regularly inquiring as to their whereabouts; and conducting information campaigns that are age-appropriate, gender-sensitive and in a language and medium that is understandable to the child. Adequate legislation should also be passed and effective mechanisms of enforcement be established with respect to labour regulations and border crossing.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"35","source":"regex"}]},{"id":"crc-gc-2005-6-0053","docId":"crc-gc-2005-6","idx":53,"n":53,"text":"Risks are also great for a child who has already been a victim of trafficking, resulting in the status of being unaccompanied or separated. Such children should not be penalized and should receive assistance as victims of a serious human rights violation. Some trafficked children may be eligible for refugee status under the 1951 Convention, and States should ensure that separated and unaccompanied trafficked children who wish to seek asylum or in relation to whom there is otherwise indication that international protection needs exist, have access to asylum procedures. Children who are at risk of being re-trafficked should not be returned to their country of origin unless it is in their best interests and appropriate measures for their protection have been taken. States should consider complementary forms of protection for trafficked children when return is not in their best interests.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0054","docId":"crc-gc-2005-6","idx":54,"n":54,"text":"State obligations deriving from article 38 of the Convention and from articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict also apply to unaccompanied and separated children. A State must take all necessary measures to prevent recruitment or use of such children by any party to a conflict. This also applies to former child soldiers who have defected from their units and who require protection against re-recruitment.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Prevention of recruitment"],"citedArticles":[{"article":"38","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 38 of the Convention' — CRC art. 38."},{"article":"3","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict' — CRC-OPAC art. 3."},{"article":"4","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Same sentence: CRC-OPAC art. 4."}]},{"id":"crc-gc-2005-6-0055","docId":"crc-gc-2005-6","idx":55,"n":55,"text":"Care arrangements for unaccompanied and separated children shall be made in a manner which prevents their recruitment, re-recruitment or use by any party to a conflict. Guardianships should not be given to individuals or organizations who are directly or indirectly involved in a conflict.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Care arrangements"]},{"id":"crc-gc-2005-6-0056","docId":"crc-gc-2005-6","idx":56,"n":56,"text":"Child soldiers should be considered primarily as victims of armed conflict. Former child soldiers, who often find themselves unaccompanied or separated at the cessation of the conflict or following defection, shall be given all the necessary support services to enable reintegration into normal life, including necessary psychosocial counselling. Such children shall be identified and demobilized on a priority basis during any identification and separation operation. Child soldiers, in particular, those who are unaccompanied or separated, should not normally be interned, but rather, benefit from special protection and assistance measures, in particular as regards their demobilization and rehabilitation. Particular efforts must be made to provide support and facilitate the reintegration of girls who have been associated with the military, either as combatants or in any other capacity.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Former child soldiers"]},{"id":"crc-gc-2005-6-0057","docId":"crc-gc-2005-6","idx":57,"n":57,"text":"If, under certain circumstances, exceptional internment of a child soldier over the age of 15 years is unavoidable and in compliance with international human rights and humanitarian law, for example, where she or he poses a serious security threat, the conditions of such internment should be in conformity with international standards, including article 37 of the Convention and those pertaining to juvenile justice, and should not preclude any tracing efforts and priority participation in rehabilitation programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Former child soldiers"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-gc-2005-6-0058","docId":"crc-gc-2005-6","idx":58,"n":58,"text":"58. As under-age recruitment and participation in hostilities entails a high risk of irreparable harm involving fundamental human rights, including the right to life, State obligations deriving from article 38 of the Convention, in conjunction with articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict,","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Non-refoulement"],"citedArticles":[{"article":"38","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 38 of the Convention' — CRC art. 38."},{"article":"3","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict' — CRC-OPAC art. 3."},{"article":"4","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Same sentence: CRC-OPAC art. 4."}]},{"id":"crc-gc-2005-6-0059","docId":"crc-gc-2005-6","idx":59,"n":59,"text":"Reminding States of the need for age and gender-sensitive asylum procedures and an age and gender-sensitive interpretation of the refugee definition, the Committee highlights that under-age recruitment (including of girls for sexual services or forced marriage with the military) and direct or indirect participation in hostilities constitutes a serious human rights violation and thereby persecution, and should lead to the granting of refugee status where the well-founded fear of such recruitment or participation in hostilities is based on “reasons of race, religion, nationality, membership of a particular social group or political opinion” (article 1A (2), 1951 Refugee Convention).","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Child-specific forms and manifestations of persecution3"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 1A (2), 1951 Refugee Convention' - not in scope."}]},{"id":"crc-gc-2005-6-0060","docId":"crc-gc-2005-6","idx":60,"n":60,"text":"States shall develop, where needed, in cooperation with international agencies and NGOs, a comprehensive age-appropriate and gender-sensitive system of psychological support and assistance for unaccompanied and separated children affected by armed conflict.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Rehabilitation and recovery"]},{"id":"crc-gc-2005-6-0061","docId":"crc-gc-2005-6","idx":61,"n":61,"text":"In application of article 37 of the Convention and the principle of the best interests of the child, unaccompanied or separated children should not, as a general rule, be detained. Detention cannot be justified solely on the basis of the child being unaccompanied or separated, or on their migratory or residence status, or lack thereof. Where detention is exceptionally justified for other reasons, it shall be conducted in accordance with article 37 (b) of the Convention that requires detention to conform to the law of the relevant country and only to be used as a measure of last resort and for the shortest appropriate period of time. In consequence, all efforts, including acceleration of relevant processes, should be made to allow for the immediate release of unaccompanied or separated children from detention and their placement in other forms of appropriate accommodation.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(i) Prevention of deprivation of liberty and treatment in cases thereof"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-gc-2005-6-0062","docId":"crc-gc-2005-6","idx":62,"n":62,"text":"In addition to national requirements, international obligations constitute part of the law governing detention. With regard to asylum-seeking, unaccompanied and separated children, States must, in particular, respect their obligations deriving from article 31 (1) of the 1951 Refugee Convention. States should further take into account that illegal entry into or stay in a country by an unaccompanied or separated child may also be justified according to general principles of law, where such entry or stay is the only way of preventing a violation of the fundamental human rights of the child. More generally, in developing policies on unaccompanied or separated children, including those who are victims of trafficking and exploitation, States should ensure that such children are not criminalized solely for reasons of illegal entry or presence in the country.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(i) Prevention of deprivation of liberty and treatment in cases thereof"],"citedArticles":[{"article":"31","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 31 (1) of the 1951 Refugee Convention' - not in scope."}]},{"id":"crc-gc-2005-6-0063","docId":"crc-gc-2005-6","idx":63,"n":63,"text":"In the exceptional case of detention, conditions of detention must be governed by the best interests of the child and pay full respect to article 37 (a) and (c) of the Convention and other international obligations. Special arrangements must be made for living quarters that are suitable for children and that separate them from adults, unless it is considered in the child’s best interests not to do so. Indeed, the underlying approach to such a programme should be “care” and not “detention”. Facilities should not be located in isolated areas where culturally appropriate community resources and access to legal aid are unavailable. Children should have the opportunity to make regular contact and receive visits from friends, relatives, religious, social and legal counsel and their guardian. They should also be provided with the opportunity to receive all basic necessities as well as appropriate medical treatment and psychological counselling where necessary. During their period in detention, children have the right to education which ought, ideally, to take place outside the detention premises in order to facilitate the continuance of their education upon release. They also have the right to recreation and play as provided for in article 31 of the Convention. In order to effectively secure the rights provided by article 37 (d) of the Convention, unaccompanied or separated children deprived of their liberty shall be provided with prompt and free access to legal and other appropriate assistance, including the assignment of a legal representative.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(i) Prevention of deprivation of liberty and treatment in cases thereof"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-gc-2005-6-0064","docId":"crc-gc-2005-6","idx":64,"n":64,"text":"The obligation stemming from article 22 of the Convention to take “appropriate measures” to ensure that a child, whether unaccompanied or accompanied, who is seeking refugee status receives appropriate protection entails, inter alia, the responsibility to set up a functioning asylum system and, in particular, to enact legislation addressing the particular treatment of unaccompanied and separated children and to build capacities necessary to realize this treatment in accordance with applicable rights codified in the Convention and in other international human rights, refugee protection or humanitarian instruments to which the State is a party. States facing resource constraints in staging such capacity-building efforts are strongly encouraged to seek international assistance, including that provided by UNHCR.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) General"],"citedArticles":[{"treaty":"CRC","article":"22","source":"regex"}]},{"id":"crc-gc-2005-6-0065","docId":"crc-gc-2005-6","idx":65,"n":65,"text":"Taking into account the complementary nature of the obligations under article 22 and those deriving from international refugee law, as well as the desirability of consolidated standards, States should apply international standards relating to refugees as they progressively evolve when implementing article 22 of the Convention.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) General"],"citedArticles":[{"treaty":"CRC","article":"22","source":"regex"},{"treaty":"CRC","article":"22","source":"regex"}]},{"id":"crc-gc-2005-6-0066","docId":"crc-gc-2005-6","idx":66,"n":66,"text":"66. Asylum-seeking children, including those who are unaccompanied or separated, shall enjoy access to asylum procedures and other complementary mechanisms providing international protection, irrespective of their age. In the case that facts become known during the identification and registration process which indicate that the child may have a well-founded fear or, even if unable to explicitly articulate a concrete fear, the child may objectively be at risk of","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0067","docId":"crc-gc-2005-6","idx":67,"n":67,"text":"Unaccompanied or separated children for whom there is no indication of being in need of international protection should not automatically, or otherwise, be referred to asylum procedures, but shall be protected pursuant to other relevant child protection mechanisms such as those provided under youth welfare legislation.","labels":["Refugees & asylum-seekers","Children","Adolescents","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0068","docId":"crc-gc-2005-6","idx":68,"n":68,"text":"Appropriate measures required under article 22 (1) of the Convention must take into account the particular vulnerabilities of unaccompanied and separated children and the national legal framework and conditions. Such measures should be guided by the considerations set out below.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"],"citedArticles":[{"treaty":"CRC","article":"22","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0069","docId":"crc-gc-2005-6","idx":69,"n":69,"text":"An asylum-seeking child should be represented by an adult who is familiar with the child’s background and who is competent and able to represent his or her best interests (see section V (b), “Appointment of a guardian or adviser or legal representative”). The unaccompanied or separated child should also, in all cases, be given access, free of charge, to a qualified legal representative, including where the application for refugee status is processed under the normal procedures for adults.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0070","docId":"crc-gc-2005-6","idx":70,"n":70,"text":"Refugee status applications filed by unaccompanied and separated children shall be given priority and every effort should be made to render a decision promptly and fairly.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0071","docId":"crc-gc-2005-6","idx":71,"n":71,"text":"Minimum procedural guarantees should include that the application will be determined by a competent authority fully qualified in asylum and refugee matters. Where the age and maturity of the child permits, the opportunity for a personal interview with a qualified official should be granted before any final decision is made. Wherever the child is unable to communicate directly with the qualified official in a common language, the assistance of a qualified interpreter should be sought. Moreover, the child should be given the “benefit of the doubt”, should there be credibility concerns relating to his or her story as well as a possibility to appeal for a formal review of the decision.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0072","docId":"crc-gc-2005-6","idx":72,"n":72,"text":"The interviews should be conducted by representatives of the refugee determination authority who will take into account the special situation of unaccompanied children in order to carry out the refugee status assessment and apply an understanding of the history, culture and background of the child. The assessment process should comprise a case-by-case examination of the unique combination of factors presented by each child, including the child’s personal, family and cultural background. The guardian and the legal representative should be present during all interviews.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0073","docId":"crc-gc-2005-6","idx":73,"n":73,"text":"In cases of large-scale refugee movements where individual refugee status determination is not possible, States may grant refugee status to all members of a group. In such circumstances, all unaccompanied or separated children are entitled to be granted the same status as other members of the particular group.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0074","docId":"crc-gc-2005-6","idx":74,"n":74,"text":"When assessing refugee claims of unaccompanied or separated children, States shall take into account the development of, and formative relationship between, international human rights and refugee law, including positions developed by UNHCR in exercising its supervisory functions under the 1951 Refugee Convention. In particular, the refugee definition in that Convention must be interpreted in an age and gender-sensitive manner, taking into account the particular motives for, and forms and manifestations of, persecution experienced by children. Persecution of kin; under-age recruitment; trafficking of children for prostitution; and sexual exploitation or subjection to female genital mutilation, are some of the child-specific forms and manifestations of persecution which may justify the granting of refugee status if such acts are related to one of the 1951 Refugee Convention grounds. States should, therefore, give utmost attention to such child-specific forms and manifestations of persecution as well as gender-based violence in national refugee status-determination procedures.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Child-sensitive assessment of protection needs, taking into account persecution of a child-specific nature"]},{"id":"crc-gc-2005-6-0075","docId":"crc-gc-2005-6","idx":75,"n":75,"text":"Staff involved in status-determination procedures of children, in particular those who are unaccompanied or separated, should receive training on adopting an application of international and national refugee law that is child, cultural, and gender-sensitive. To properly assess asylum claims of children, information on the situation of children, including those belonging to minorities or marginalized groups, should be included in government efforts to collect country of-origin information.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Child-sensitive assessment of protection needs, taking into account persecution of a child-specific nature"]},{"id":"crc-gc-2005-6-0076","docId":"crc-gc-2005-6","idx":76,"n":76,"text":"Unaccompanied or separated children recognized as refugees and granted asylum do not only enjoy rights under the 1951 Refugee Convention, but are also entitled to the fullest extent to the enjoyment of all human rights granted to children in the territory or subject to the jurisdiction of the State, including those rights which require a lawful stay in the territory.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Child-sensitive assessment of protection needs, taking into account persecution of a child-specific nature"]},{"id":"crc-gc-2005-6-0077","docId":"crc-gc-2005-6","idx":77,"n":77,"text":"In the case that the requirements for granting refugee status under the 1951 Refugee Convention are not met, unaccompanied and separated children shall benefit from available forms of complementary protection to the extent determined by their protection needs. The application of such complementary forms of protection does not obviate States’ obligations to address the particular protection needs of the unaccompanied and separated child. Therefore, children granted complementary forms of protection are entitled, to the fullest extent, to the enjoyment of all human rights granted to children in the territory or subject to the jurisdiction of the State, including those rights which require a lawful stay in the territory.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Children to benefit from complementary forms of protection"]},{"id":"crc-gc-2005-6-0078","docId":"crc-gc-2005-6","idx":78,"n":78,"text":"In line with the generally applicable principles and, in particular, those relating to the responsibilities of States with regard to unaccompanied or separated children finding themselves in their territory, children who are neither granted refugee status nor benefiting from complementary forms of protection, will still enjoy protection under all norms of the Convention as long as they remain de facto within the States’ territories and/or subject to its jurisdiction.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Children to benefit from complementary forms of protection"]},{"id":"crc-gc-2005-6-0079","docId":"crc-gc-2005-6","idx":79,"n":79,"text":"The ultimate aim in addressing the fate of unaccompanied or separated children is to identify a durable solution that addresses all their protection needs, takes into account the child’s view and, wherever possible, leads to overcoming the situation of a child being unaccompanied or separated. Efforts to find durable solutions for unaccompanied or separated children should be initiated and implemented without undue delay and, wherever possible, immediately upon the assessment of a child being unaccompanied or separated. Following a rights-based approach, the search for a durable solution commences with analysing the possibility of family reunification.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) General"]},{"id":"crc-gc-2005-6-0080","docId":"crc-gc-2005-6","idx":80,"n":80,"text":"Tracing is an essential component of any search for a durable solution and should be prioritized except where the act of tracing, or the way in which tracing is conducted, would be contrary to the best interests of the child or jeopardize fundamental rights of those being traced. In any case, in conducting tracing activities, no reference should be made to the status of the child as an asylum-seeker or refugee. Subject to all of these conditions, such tracing efforts should also be continued during the asylum procedure. For all children who remain in the territory of the host State, whether on the basis of asylum, complementary forms of protection or due to other legal or factual obstacles to removal, a durable solution must be sought.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) General"]},{"id":"crc-gc-2005-6-0081","docId":"crc-gc-2005-6","idx":81,"n":81,"text":"In order to pay full respect to the obligation of States under article 9 of the Convention to ensure that a child shall not be separated from his or her parents against their will, all efforts should be made to return an unaccompanied or separated child to his or her parents except where further separation is necessary for the best interests of the child, taking full account of the right of the child to express his or her views (art. 12) (see also section IV (e), “Right of the child to express his or her views freely”). While the considerations explicitly listed in article 9, paragraph 1, sentence 2, namely, cases involving abuse or neglect of the child by the parents, may prohibit reunification at any location, other best-interests considerations can provide an obstacle to reunification at specific locations only.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Family reunification"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-gc-2005-6-0082","docId":"crc-gc-2005-6","idx":82,"n":82,"text":"Family reunification in the country of origin is not in the best interests of the child and should therefore not be pursued where there is a “reasonable risk” that such a return would lead to the violation of fundamental human rights of the child. Such risk is indisputably documented in the granting of refugee status or in a decision of the competent authorities on the applicability of non-refoulement obligations (including those deriving from article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and articles 6 and 7 of the International Covenant on Civil and Political Rights). Accordingly, the granting of refugee status constitutes a legally binding obstacle to return to the country of origin and, consequently, to family reunification therein. Where the circumstances in the country of origin contain lower level risks and there is concern, for example, of the child being affected by the indiscriminate effects of generalized violence, such risks must be given full attention and balanced against other rights-based considerations, including the consequences of further separation. In this context, it must be recalled that the survival of the child is of paramount importance and a precondition for the enjoyment of any other rights.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Family reunification"],"citedArticles":[{"article":"3","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment'."},{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 6 and 7 of the International Covenant on Civil and Political Rights'."},{"article":"7","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 6 and 7 of the International Covenant on Civil and Political Rights'."}]},{"id":"crc-gc-2005-6-0083","docId":"crc-gc-2005-6","idx":83,"n":83,"text":"Whenever family reunification in the country of origin is not possible, irrespective of whether this is due to legal obstacles to return or whether the best-interests-based balancing test has decided against return, the obligations under article 9 and 10 of the Convention come into effect and should govern the host country’s decisions on family reunification therein. In this context, States parties are particularly reminded that “applications by a child or his or her parents to enter or leave a State party for the purpose of family reunification shall be dealt with by States parties in a positive, humane and expeditious manner” and “shall entail no adverse consequences for the applicants and for the members of their family” (art. 10 (1)). Countries of origin must respect “the right of the child and his or her parents to leave any country, including their own, and to enter their own country” (art. 10 (2)).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Family reunification"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"10","source":"regex"},{"treaty":"CRC","article":"10","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"10","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0084","docId":"crc-gc-2005-6","idx":84,"n":84,"text":"84. Return to the country of origin is not an option if it would lead to a “reasonable risk” that such return would result in the violation of fundamental human rights of the child, and in particular, if the principle of non-refoulement applies. Return to the country of origin shall in principle only be arranged if such return is in the best interests of the child. Such a determination shall, inter alia, take into account:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(c) Return to the country of origin"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"8","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-gc-2005-6-0085","docId":"crc-gc-2005-6","idx":85,"n":85,"text":"In the absence of the availability of care provided by parents or members of the extended family, return to the country of origin should, in principle, not take place without advance secure and concrete arrangements of care and custodial responsibilities upon return to the country of origin.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(c) Return to the country of origin"]},{"id":"crc-gc-2005-6-0086","docId":"crc-gc-2005-6","idx":86,"n":86,"text":"Exceptionally, a return to the home country may be arranged, after careful balancing of the child’s best interests and other considerations, if the latter are rights-based and override best interests of the child. Such may be the case in situations in which the child constitutes a serious risk to the security of the State or to the society. Non-rights-based arguments such as those relating to general migration control, cannot override best interests considerations.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(c) Return to the country of origin"]},{"id":"crc-gc-2005-6-0087","docId":"crc-gc-2005-6","idx":87,"n":87,"text":"In all cases return measures must be conducted in a safe, child-appropriate and gender sensitive manner.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(c) Return to the country of origin"]},{"id":"crc-gc-2005-6-0088","docId":"crc-gc-2005-6","idx":88,"n":88,"text":"Countries of origin are also reminded in this context of their obligations pursuant to article 10 of the Convention and, in particular, to respect “the right of the child and his or her parents to leave any country, including their own, and to enter their own country”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(c) Return to the country of origin"],"citedArticles":[{"treaty":"CRC","article":"10","source":"regex"}]},{"id":"crc-gc-2005-6-0089","docId":"crc-gc-2005-6","idx":89,"n":89,"text":"Local integration is the primary option if return to the country of origin is impossible on either legal or factual grounds. Local integration must be based on a secure legal status (including residence status) and be governed by the Convention rights that are fully applicable to all children who remain in the country, irrespective of whether this is due to their recognition as a refugee, other legal obstacles to return, or whether the best-interests-based balancing test has decided against return.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Local integration"]},{"id":"crc-gc-2005-6-0090","docId":"crc-gc-2005-6","idx":90,"n":90,"text":"Once it has been determined that a separated or unaccompanied child will remain in the community, the relevant authorities should conduct an assessment of the child’s situation and then, in consultation with the child and his or her guardian, determine the appropriate long-term arrangements within the local community and other necessary measures to facilitate such integration. The long-term placement should be decided in the best interests of the child and, at this stage, institutional care should, wherever possible, serve only as a last resort. The separated or unaccompanied child should have the same access to rights (including to education, training, employment and health care) as enjoyed by national children. In ensuring that these rights are fully enjoyed by the unaccompanied or separated child, the host country may need to pay special attention to the extra measures required to address the child’s vulnerable status, including, for example, through extra language training.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Local integration"]},{"id":"crc-gc-2005-6-0091","docId":"crc-gc-2005-6","idx":91,"n":91,"text":"91. States must have full respect for the preconditions provided under article 21 of the Convention as well as other relevant international instruments, including in particular the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption and its 1994 Recommendation Concerning the Application to Refugee and other Internationally Displaced Children when considering the adoption of unaccompanied and separated children. States should, in particular, observe the following:","labels":["Refugees & asylum-seekers","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Local integration"],"citedArticles":[{"treaty":"CRC","article":"21","source":"regex"}]},{"id":"crc-gc-2005-6-0092","docId":"crc-gc-2005-6","idx":92,"n":92,"text":"Resettlement to a third country may offer a durable solution for an accompanied or separated child who cannot return to the country of origin and for whom no durable solution can be envisaged in the host country. The decision to resettle an unaccompanied or separated child must be based on an updated, comprehensive and thorough best-interests assessment, taking into account, in particular, ongoing international and other protection needs. Resettlement is particularly called for if such is the only means to effectively and sustainably protect a child against refoulement or against persecution or other serious human rights violations in the country of stay. Resettlement is also in the best interests of the unaccompanied or separated child if it serves family reunification in the resettlement country.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Resettlement in a third country"]},{"id":"crc-gc-2005-6-0093","docId":"crc-gc-2005-6","idx":93,"n":93,"text":"93. The best-interests assessment determination, prior to a decision to resettle, needs also to take into account other factors such as: the envisaged duration of legal or other obstacles to a child’s return to his or her home country; the child’s right to preserve his or her identity, including nationality and name (art. 8); the child’s age, sex, emotional state, educational and","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Resettlement in a third country"],"citedArticles":[{"treaty":"CRC","article":"8","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"},{"treaty":"CRC","article":"8","source":"regex"}]},{"id":"crc-gc-2005-6-0094","docId":"crc-gc-2005-6","idx":94,"n":94,"text":"States are encouraged to provide resettlement opportunities in order to meet all the resettlement needs related to unaccompanied and separated children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Resettlement in a third country"]},{"id":"crc-gc-2005-6-0095","docId":"crc-gc-2005-6","idx":95,"n":95,"text":"Particular attention should be paid to the training of officials working with separated and unaccompanied children and dealing with their cases. Specialized training is equally important for legal representatives, guardians, interpreters and others dealing with separated and unaccompanied children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Training of personnel dealing with unaccompanied and separated children"]},{"id":"crc-gc-2005-6-0096","docId":"crc-gc-2005-6","idx":96,"n":96,"text":"96. Such training should be specifically tailored to the needs and rights of the groups concerned. Nevertheless, certain key elements should be included in all training programmes, including:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Training of personnel dealing with unaccompanied and separated children"]},{"id":"crc-gc-2005-6-0097","docId":"crc-gc-2005-6","idx":97,"n":97,"text":"Initial training programmes should also be followed up regularly, including through on the-job learning and professional networks.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Training of personnel dealing with unaccompanied and separated children"]},{"id":"crc-gc-2005-6-0098","docId":"crc-gc-2005-6","idx":98,"n":98,"text":"It is the experience of the Committee that data and statistics collected with regard to unaccompanied and separated children tends to be limited to the number of arrivals and/or number of requests for asylum. This data is insufficient for a detailed analysis of the implementation of the rights of such children. Furthermore, data and statistics are often collected by a variety of different ministries or agencies, which can impede further analysis and presents potential concerns with regard to confidentiality and a child’s right to privacy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Data and statistics on separated and unaccompanied children"]},{"id":"crc-gc-2005-6-0099","docId":"crc-gc-2005-6","idx":99,"n":99,"text":"Accordingly, the development of a detailed and integrated system of data collection on unaccompanied and separated children is a prerequisite for the development of effective policies for the implementation of the rights of such children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Data and statistics on separated and unaccompanied children"]},{"id":"crc-gc-2005-6-0100","docId":"crc-gc-2005-6","idx":100,"n":100,"text":"Data collected within such a system should ideally include but not be limited to: basic biographical data on each child (including age, sex, country of origin and nationality, ethnic group); total number of unaccompanied and separated children attempting to enter the country and the number that have been refused entry; number of requests for asylum; number of legal representatives and guardians assigned to such children; legal and immigration status (i.e. asylum-seeker, refugee, temporary resident permit); living arrangements (i.e. in institutions, with families or living independently); enrolment in school or vocational training; family reunifications; and, numbers returned to their country of origin. In addition, States parties should consider collecting qualitative data that would allow them to analyse issues that remain insufficiently addressed, such as for instance, disappearances of unaccompanied and separated children and the impact of trafficking.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Data and statistics on separated and unaccompanied children"]},{"id":"crc-c-gc-7-rev-1-0001","docId":"crc-c-gc-7-rev-1","idx":1,"n":1,"text":"This general comment arises out of the Committee’s experiences of reviewing States parties’ reports. In many cases, very little information has been offered about early childhood, with comments limited mainly to child mortality, birth registration and health care. The Committee felt the need for a discussion on the broader implications of the Convention on the Rights of the Child for young children. Accordingly, in 2004, the Committee devoted its day of general discussion to the theme “Implementing child rights in early childhood”. This resulted in a set of recommendations (see CRC/C/143, sect. VII) as well as the decision to prepare a general comment on this important topic. Through this general comment, the Committee wishes to encourage recognition that young children are holders of all rights enshrined in the Convention and that early childhood is a critical period for the realization of these rights. The Committee’s working definition of “early childhood” is all young children: at birth and throughout infancy; during the preschool years; as well as during the transition to school (see paragraph 4 below).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["I. INTRODUCTION"]},{"id":"crc-c-gc-7-rev-1-0002","docId":"crc-c-gc-7-rev-1","idx":2,"n":2,"text":"2. The objectives of the general comment are: (a) To strengthen understanding of the human rights of all young children and to draw States parties’ attention to their obligations towards young children; (b) To comment on the specific features of early childhood that impact on the realization of rights;","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["II. OBJECTIVES OF THE GENERAL COMMENT"]},{"id":"crc-c-gc-7-rev-1-0003","docId":"crc-c-gc-7-rev-1","idx":3,"n":3,"text":"Young children are rights holders. The Convention on the Rights of the Child defines a child as “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier” (art. 1). Consequently, young children are holders of all the rights enshrined in the Convention. They are entitled to special protection measures and, in accordance with their evolving capacities, the progressive exercise of their rights. The Committee is concerned that in implementing their obligations under the Convention, States parties have not given sufficient attention to young children as rights holders and to the laws, policies and programmes required to realize their rights during this distinct phase of their childhood. The Committee reaffirms that the Convention on the Rights of the Child is to be applied holistically in early childhood, taking account of the principle of the universality, indivisibility and interdependence of all human rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0004","docId":"crc-c-gc-7-rev-1","idx":4,"n":4,"text":"Definition of early childhood. Definitions of early childhood vary in different countries and regions, according to local traditions and the organization of primary school systems. In some countries, the transition from preschool to school occurs soon after 4 years old. In other countries, this transition takes place at around 7 years old. In its consideration of rights in early childhood, the Committee wishes to include all young children: at birth and throughout infancy; during the preschool years; as well as during the transition to school. Accordingly, the Committee proposes as an appropriate working definition of early childhood the period below the age of 8 years; States parties should review their obligations towards young children in the context of this definition.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0005","docId":"crc-c-gc-7-rev-1","idx":5,"n":5,"text":"5. A positive agenda for early childhood. The Committee encourages States parties to construct a positive agenda for rights in early childhood. A shift away from traditional beliefs","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0006","docId":"crc-c-gc-7-rev-1","idx":6,"n":6,"text":"6. Features of early childhood. Early childhood is a critical period for realizing children’s rights. During this period:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0007","docId":"crc-c-gc-7-rev-1","idx":7,"n":7,"text":"Respecting the distinctive interests, experiences and challenges facing every young child is the starting point for realizing their rights during this crucial phase of their lives. CRC/C/GC/7/Rev.1 page 4","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0008","docId":"crc-c-gc-7-rev-1","idx":8,"n":8,"text":"Research into early childhood. The Committee notes the growing body of theory and research which confirms that young children are best understood as social actors whose survival, well-being and development are dependent on and built around close relationships. These relationships are normally with a small number of key people, most often parents, members of the extended family and peers, as well as caregivers and other early childhood professionals. At the same time, research into the social and cultural dimensions of early childhood draws attention to the diverse ways in which early development is understood and enacted, including varying expectations of the young child and arrangements for his or her care and education. A feature of modern societies is that increasing numbers of young children are growing up in multicultural communities and in contexts marked by rapid social change, where beliefs and expectations about young children are also changing, including through greater recognition of their rights. States parties are encouraged to draw on beliefs and knowledge about early childhood in ways that are appropriate to local circumstances and changing practices, and respect traditional values, provided these are not discriminatory, (article 2 of the Convention) nor prejudicial to children’s health and well-being (art. 24.3), nor against their best interests (art. 3). Finally, research has highlighted the particular risks to young children from malnutrition, disease, poverty, neglect, social exclusion and a range of other adversities. It shows that proper prevention and intervention strategies during early childhood have the potential to impact positively on young children’s current well-being and future prospects. Implementing child rights in early childhood is thus an effective way to help prevent personal, social and educational difficulties during middle childhood and adolescence (see general comment No. 4 (2003) on adolescent health and development).","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0009","docId":"crc-c-gc-7-rev-1","idx":9,"n":9,"text":"The Committee has identified articles 2, 3, 6 and 12 of the Convention as general principles (see general comment No. 5 (2003) on the general measures of implementation of the Convention). Each principle has implications for rights in early childhood.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0010","docId":"crc-c-gc-7-rev-1","idx":10,"n":10,"text":"Right to life, survival and development. Article 6 refers to the child’s inherent right to life and States parties’ obligation to ensure, to the maximum extent possible, the survival and development of the child. States parties are urged to take all possible measures to improve perinatal care for mothers and babies, reduce infant and child mortality, and create conditions that promote the well-being of all young children during this critical phase of their lives. Malnutrition and preventable diseases continue to be major obstacles to realizing rights in early childhood. Ensuring survival and physical health are priorities, but States parties are reminded that article 6 encompasses all aspects of development, and that a young child’s health and psychosocial well-being are in many respects interdependent. Both may be put at risk by adverse living conditions, neglect, insensitive or abusive treatment and restricted opportunities for realizing human potential. Young children growing up in especially difficult circumstances require particular attention (see section VI below). The Committee reminds States parties (and others concerned) that the right to survival and development can only be implemented in a holistic manner, through the enforcement of all the other provisions of the Convention, including rights to health, adequate nutrition, social security, an adequate standard of living, a healthy and safe environment, education and play (arts. 24, 27, 28, 29 and 31), as well as through respect for the responsibilities of parents and the provision of assistance and quality services (arts. 5 and 18). From an early age, children should themselves be included in activities promoting good nutrition and a healthy and disease-preventing lifestyle. CRC/C/GC/7/Rev.1 page 5","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0011","docId":"crc-c-gc-7-rev-1","idx":11,"n":11,"text":"Right to non-discrimination. Article 2 ensures rights to every child, without discrimination of any kind. The Committee urges States parties to identify the implications of this principle for realizing rights in early childhood: (a) Article 2 means that young children in general must not be discriminated against on any grounds, for example where laws fail to offer equal protection against violence for all children, including young children. Young children are especially at risk of discrimination because they are relatively powerless and depend on others for the realization of their rights; (b) Article 2 also means that particular groups of young children must not be discriminated against. Discrimination may take the form of reduced levels of nutrition; inadequate care and attention; restricted opportunities for play, learning and education; or inhibition of free expression of feelings and views. Discrimination may also be expressed through harsh treatment and unreasonable expectations, which may be exploitative or abusive. For example: (i) Discrimination against girl children is a serious violation of rights, affecting their survival and all areas of their young lives as well as restricting their capacity to contribute positively to society. They may be victims of selective abortion, genital mutilation, neglect and infanticide, including through inadequate feeding in infancy. They may be expected to undertake excessive family responsibilities and deprived of opportunities to participate in early childhood and primary education; (ii) Discrimination against children with disabilities reduces survival prospects and quality of life. These children are entitled to the care, nutrition, nurturance and encouragement offered other children. They may also require additional, special assistance in order to ensure their integration and the realization of their rights; (iii) Discrimination against children infected with or affected by HIV/AIDS deprives them of the help and support they most require. Discrimination may be found within public policies, in the provision of and access to services, as well as in everyday practices that violate these children’s rights (see also paragraph 27); (iv) Discrimination related to ethnic origin, class/caste, personal circumstances and lifestyle, or political and religious beliefs (of children or their parents) excludes children from full participation in society. It affects parents’ capacities to fulfil their responsibilities towards their children. It affects children’s opportunities and self-esteem, as well as encouraging resentment and conflict among children and adults; (v) Young children who suffer multiple discrimination (e.g. related to ethnic origin, social and cultural status, gender and/or disabilities) are especially at risk. CRC/C/GC/7/Rev.1 page 6","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0012","docId":"crc-c-gc-7-rev-1","idx":12,"n":12,"text":"Young children may also suffer the consequences of discrimination against their parents, for example if children have been born out of wedlock or in other circumstances that deviate from traditional values, or if their parents are refugees or asylum-seekers. States parties have a responsibility to monitor and combat discrimination in whatever forms it takes and wherever it occurs - within families, communities, schools or other institutions. Potential discrimination in access to quality services for young children is a particular concern, especially where health, education, welfare and other services are not universally available and are provided through a combination of State, private and charitable organizations. As a first step, the Committee encourages States parties to monitor the availability of and access to quality services that contribute to young children’s survival and development, including through systematic data collection, disaggregated in terms of major variables related to children’s and families’ background and circumstances. As a second step, actions may be required that guarantee that all children have an equal opportunity to benefit from available services. More generally, States parties should raise awareness about discrimination against young children in general, and against vulnerable groups in particular.","labels":["Refugees & asylum-seekers","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"]},{"id":"crc-c-gc-7-rev-1-0013","docId":"crc-c-gc-7-rev-1","idx":13,"n":13,"text":"13. Best interests of the child. Article 3 sets out the principle that the best interests of the child are a primary consideration in all actions concerning children. By virtue of their relative immaturity, young children are reliant on responsible authorities to assess and represent their rights and best interests in relation to decisions and actions that affect their wellbeing, while taking account of their views and evolving capacities. The principle of best interests appears repeatedly within the Convention (including in articles 9, 18, 20 and 21, which are most relevant to early childhood). The principle of best interests applies to all actions concerning children and requires active measures to protect their rights and promote their survival, growth, and wellbeing, as well as measures to support and assist parents and others who have daytoday responsibility for realizing children’s rights:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"},{"treaty":"CRC","article":"21","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0014","docId":"crc-c-gc-7-rev-1","idx":14,"n":14,"text":"14. Respect for the views and feelings of the young child. Article 12 states that the child has a right to express his or her views freely in all matters affecting the child, and to have them taken into account. This right reinforces the status of the young child as an active participant in the promotion, protection and monitoring of their rights. Respect for the young child’s agency as a participant in family, community and society is frequently overlooked, or rejected as inappropriate on the grounds of age and immaturity. In many countries and regions,","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0015","docId":"crc-c-gc-7-rev-1","idx":15,"n":15,"text":"A crucial role for parents and other primary caregivers. Under normal circumstances, a young child’s parents play a crucial role in the achievement of their rights, along with other members of family, extended family or community, including legal guardians, as appropriate. This is fully recognized within the Convention (especially article 5), along with the obligation on States parties to provide assistance, including quality childcare services (especially article 18). The preamble to the Convention refers to the family as “the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children”. The Committee recognizes that “family” here refers to a variety of arrangements that can provide for young children’s care, nurturance and development, including the nuclear family, the extended family, and other traditional and modern community-based arrangements, provided these are consistent with children’s rights and best interests. CRC/C/GC/7/Rev.1 page 8","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0016","docId":"crc-c-gc-7-rev-1","idx":16,"n":16,"text":"Parents/primary caregivers and children’s best interests. The responsibility vested in parents and other primary caregivers is linked to the requirement that they act in children’s best interests. Article 5 states that parents’ role is to offer appropriate direction and guidance in “the exercise by the child of the rights in the … Convention”. This applies equally to younger as to older children. Babies and infants are entirely dependent on others, but they are not passive recipients of care, direction and guidance. They are active social agents, who seek protection, nurturance and understanding from parents or other caregivers, which they require for their survival, growth and well-being. Newborn babies are able to recognize their parents (or other caregivers) very soon after birth, and they engage actively in non-verbal communication. Under normal circumstances, young children form strong mutual attachments with their parents or primary caregivers. These relationships offer children physical and emotional security, as well as consistent care and attention. Through these relationships children construct a personal identity and acquire culturally valued skills, knowledge and behaviours. In these ways, parents (and other caregivers) are normally the major conduit through which young children are able to realize their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0017","docId":"crc-c-gc-7-rev-1","idx":17,"n":17,"text":"Evolving capacities as an enabling principle. Article 5 draws on the concept of “evolving capacities” to refer to processes of maturation and learning whereby children progressively acquire knowledge, competencies and understanding, including acquiring understanding about their rights and about how they can best be realized. Respecting young children’s evolving capacities is crucial for the realization of their rights, and especially significant during early childhood, because of the rapid transformations in children’s physical, cognitive, social and emotional functioning, from earliest infancy to the beginnings of schooling. Article 5 contains the principle that parents (and others) have the responsibility to continually adjust the levels of support and guidance they offer to a child. These adjustments take account of a child’s interests and wishes as well as the child’s capacities for autonomous decision-making and comprehension of his or her best interests. While a young child generally requires more guidance than an older child, it is important to take account of individual variations in the capacities of children of the same age and of their ways of reacting to situations. Evolving capacities should be seen as a positive and enabling process, not an excuse for authoritarian practices that restrict children’s autonomy and self-expression and which have traditionally been justified by pointing to children’s relative immaturity and their need for socialization. Parents (and others) should be encouraged to offer “direction and guidance” in a child-centred way, through dialogue and example, in ways that enhance young children’s capacities to exercise their rights, including their right to participation (art. 12) and their right to freedom of thought, conscience and religion (art. 14).[[fn:1]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[{"n":1,"text":"See G. Lansdown, The Evolving Capacities of the Child (Florence: UNICEF Innocenti Research Centre, 2005)."}],"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"14","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0018","docId":"crc-c-gc-7-rev-1","idx":18,"n":18,"text":"18. Respecting parental roles. Article 18 of the Convention reaffirms that parents or legal guardians have the primary responsibility for promoting children’s development and wellbeing, with the child’s best interests as their basic concern (arts. 18.1 and 27.2). States parties should respect the primacy of parents, mothers and fathers. This includes the obligation not to separate children from their parents, unless it is in the child’s best interests (art. 9). Young children are especially vulnerable to adverse consequences of separations because of their physical dependence on and emotional attachment to their parents/primary caregivers. They are also less able to comprehend the circumstances of any separation. Situations which are most likely to","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0019","docId":"crc-c-gc-7-rev-1","idx":19,"n":19,"text":"Social trends and the role of the family. The Convention emphasizes that “both parents have common responsibilities for the upbringing and development of the child”, with fathers and mothers recognized as equal caregivers (art. 18.1). The Committee notes that in practice family patterns are variable and changing in many regions, as is the availability of informal networks of support for parents, with an overall trend towards greater diversity in family size, parental roles and arrangements for bringing up children. These trends are especially significant for young children, whose physical, personal and psychological development is best provided for within a small number of consistent, caring relationships. Typically, these relationships are with some combination of mother, father, siblings, grandparents and other members of the extended family, along with professional caregivers specialized in childcare and education. The Committee acknowledges that each of these relationships can make a distinctive contribution to the fulfilment of children’s rights under the Convention and that a range of family patterns may be consistent with promoting children’s well-being. In some countries and regions, shifting social attitudes towards family, marriage and parenting are impacting on young children’s experiences of early childhood, for example following family separations and reformations. Economic pressures also impact on young children, for example, where parents are forced to work far away from their families and their communities. In other countries and regions, the illness and death of one or both parents or other kin due to HIV/AIDS is now a common feature of early childhood. These and many other factors impact on parents’ capacities to fulfil their responsibilities towards children. More generally, during periods of rapid social change, traditional practices may no longer be viable or relevant to present parental circumstances and lifestyles, but without sufficient time having elapsed for new practices to be assimilated and new parental competencies understood and valued.","labels":["Children","Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0020","docId":"crc-c-gc-7-rev-1","idx":20,"n":20,"text":"20. Assistance to parents. States parties are required to render appropriate assistance to parents, legal guardians and extended families in the performance of their childrearing responsibilities (arts. 18.2 and 18.3), including assisting parents in providing living conditions necessary for the child’s development (art. 27.2) and ensuring that children receive necessary protection and care (art. 3.2). The Committee is concerned that insufficient account is taken of the resources, skills and personal commitment required of parents and others responsible for young children, especially in societies where early marriage and parenthood is still sanctioned as well as in societies with a high incidence of young, single parents. Early childhood is the period","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0021","docId":"crc-c-gc-7-rev-1","idx":21,"n":21,"text":"Appropriate assistance to parents can best be achieved as part of comprehensive policies for early childhood (see section V below), including provision for health, care and education during the early years. States parties should ensure that parents are given appropriate support to enable them to involve young children fully in such programmes, especially the most disadvantaged and vulnerable groups. In particular, article 18.3 acknowledges that many parents are economically active, often in poorly paid occupations which they combine with their parental responsibilities. Article 18.3 requires States parties to take all appropriate measures to ensure that children of working parents have the right to benefit from childcare services, maternity protection and facilities for which they are eligible. In this regard, the Committee recommends that States parties ratify the Maternity Protection Convention, 2000 (No. 183) of the International Labour Organization.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0022","docId":"crc-c-gc-7-rev-1","idx":22,"n":22,"text":"Rights-based, multisectoral strategies. In many countries and regions, early childhood has received low priority in the development of quality services. These services have often been fragmented. They have frequently been the responsibility of several government departments at central and local levels, and their planning has often been piecemeal and uncoordinated. In some CRC/C/GC/7/Rev.1 page 11 cases, they have also been largely provided by the private and voluntary sector, without adequate resources, regulation or quality assurance. States parties are urged to develop rights-based, coordinated, multisectoral strategies in order to ensure that children’s best interests are always the starting point for service planning and provision. These should be based around a systematic and integrated approach to law and policy development in relation to all children up to 8 years old. A comprehensive framework for early childhood services, provisions and facilities is required, backed up by information and monitoring systems. Comprehensive services will be coordinated with the assistance provided to parents and will fully respect their responsibilities, as well as their circumstances and requirements (as in articles 5 and 18 of the Convention; see section IV above). Parents should also be consulted and involved in the planning of comprehensive services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0023","docId":"crc-c-gc-7-rev-1","idx":23,"n":23,"text":"Programme standards and professional training appropriate to the age range. The Committee emphasizes that a comprehensive strategy for early childhood must also take account of individual children’s maturity and individuality, in particular recognizing the changing developmental priorities for specific age groups (for example, babies, toddlers, preschool and early primary school groups), and the implications for programme standards and quality criteria. States parties must ensure that the institutions, services and facilities responsible for early childhood conform to quality standards, particularly in the areas of health and safety, and that staff possess the appropriate psychosocial qualities and are suitable, sufficiently numerous and well-trained. Provision of services appropriate to the circumstances, age and individuality of young children requires that all staff be trained to work with this age group. Work with young children should be socially valued and properly paid, in order to attract a highly qualified workforce, men as well as women. It is essential that they have sound, up-to-date theoretical and practical understanding about children’s rights and development (see also paragraph 41); that they adopt appropriate child-centred care practices, curricula and pedagogies; and that they have access to specialist professional resources and support, including a supervisory and monitoring system for public and private programmes, institutions and services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0024","docId":"crc-c-gc-7-rev-1","idx":24,"n":24,"text":"Access to services, especially for the most vulnerable. The Committee calls on States parties to ensure that all young children (and those with primary responsibility for their well-being) are guaranteed access to appropriate and effective services, including programmes of health, care and education specifically designed to promote their well-being. Particular attention should be paid to the most vulnerable groups of young children and to those who are at risk of discrimination (art. 2). This includes girls, children living in poverty, children with disabilities, children belonging to indigenous or minority groups, children from migrant families, children who are orphaned or lack parental care for other reasons, children living in institutions, children living with mothers in prison, refugee and asylum-seeking children, children infected with or affected by HIV/AIDS, and children of alcohol- or drug-addicted parents (see also section VI).","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0025","docId":"crc-c-gc-7-rev-1","idx":25,"n":25,"text":"25. Birth registration. Comprehensive services for early childhood begin at birth. The Committee notes that provision for registration of all children at birth is still a major challenge for many countries and regions. This can impact negatively on a child’s sense of personal identity and children may be denied entitlements to basic health, education and social welfare. As a first step in ensuring the rights to survival, development and access to quality services for","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0026","docId":"crc-c-gc-7-rev-1","idx":26,"n":26,"text":"Standard of living and social security. Young children are entitled to a standard of living adequate for their physical, mental, spiritual, moral and social development (art. 27). The Committee notes with concern that even the most basic standard of living is not assured for millions of young children, despite widespread recognition of the adverse consequences of deprivation. Growing up in relative poverty undermines children’s well-being, social inclusion and self-esteem and reduces opportunities for learning and development. Growing up in conditions of absolute poverty has even more serious consequences, threatening children’s survival and their health, as well as undermining the basic quality of life. States parties are urged to implement systematic strategies to reduce poverty in early childhood as well as combat its negative effects on children’s well-being. All possible means should be employed, including “material assistance and support programmes” for children and families (art. 27.3), in order to assure to young children a basic standard of living consistent with rights. Implementing children’s right to benefit from social security, including social insurance, is an important element of any strategy (art. 26).","labels":["Children","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"26","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0027","docId":"crc-c-gc-7-rev-1","idx":27,"n":27,"text":"27. Health-care provision. States parties should ensure that all children have access to the highest attainable standard of health care and nutrition during their early years, in order to reduce infant mortality and enable children to enjoy a healthy start in life (art. 24). In particular:","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[{"n":2,"text":"See Global Strategy for Infant and Young Child Feeding, World Health Organization, 2003. -----"}],"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0028","docId":"crc-c-gc-7-rev-1","idx":28,"n":28,"text":"Early childhood education. The Convention recognizes the right of the child to education, and primary education should be made compulsory and available free to all (art. 28). The Committee recognizes with appreciation that some States parties are planning to make one year of preschool education available and free of cost for all children. The Committee interprets the right to education during early childhood as beginning at birth and closely linked to young children’s right to maximum development (art. 6.2). Linking education to development is elaborated in article 29.1: “States parties agree that the education of the child shall be directed to: (a) the development of the child’s personality, talents and mental and physical abilities to their fullest potential”. General comment No. 1 on the aims of education explains that the goal is to “empower the child by developing his or her skills, learning and other capacities, human dignity, self-esteem and self-confidence” and that this must be achieved in ways that are child-centred, child-friendly and reflect the rights and inherent dignity of the child (para. 2). States parties are reminded that children’s right to education include all children, and that girls should be enabled to participate in education, without discrimination of any kind (art. 2).","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0029","docId":"crc-c-gc-7-rev-1","idx":29,"n":29,"text":"29. Parental and public responsibilities for early childhood education. The principle that parents (and other primary caregivers) are children’s first educators is well established and endorsed within the Convention’s emphasis on respect for the responsibilities of parents (sect. IV above). They are expected to provide appropriate direction and guidance to young children in the exercise of their rights, and provide an environment of reliable and affectionate relationships based on respect and understanding (art. 5). The Committee invites States parties to make this principle a starting point for planning early education, in two respects:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0030","docId":"crc-c-gc-7-rev-1","idx":30,"n":30,"text":"The Committee calls on States parties to ensure that all young children receive education in the broadest sense (as outlined in paragraph 28 above), which acknowledges a key role for parents, wider family and community, as well as the contribution of organized programmes of early childhood education provided by the State, the community or civil society institutions. Research evidence demonstrates the potential for quality education programmes to have a positive impact on young children’s successful transition to primary school, their educational progress and their long-term social adjustment. Many countries and regions now provide comprehensive early education starting at 4 years old, which in some countries is integrated with childcare for working parents. Acknowledging that traditional divisions between “care” and “education” services have not always been in children’s best interests, the concept of “Educare” is sometimes used to signal a shift towards integrated services, and reinforces the recognition of the need for a coordinated, holistic, multisectoral approach to early childhood.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0031","docId":"crc-c-gc-7-rev-1","idx":31,"n":31,"text":"Community-based programmes. The Committee recommends that States parties support early childhood development programmes, including home- and community-based preschool programmes, in which the empowerment and education of parents (and other caregivers) are main features. States parties have a key role to play in providing a legislative framework for the provision of quality, adequately resourced services, and for ensuring that standards are tailored to the circumstances of particular groups and individuals and to the developmental priorities of particular age groups, from infancy through to transition into school. They are encouraged to construct high-quality, developmentally appropriate and culturally relevant programmes and to achieve this by working with local communities rather by imposing a standardized approach to early childhood care and education. The Committee also recommends that States parties pay greater attention to, and actively support, a rights-based approach to early childhood programmes, including initiatives surrounding transition to primary school that ensure continuity and progression, in order to build children’s confidence, communication skills and enthusiasm for learning through their active involvement in, among others, planning activities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0032","docId":"crc-c-gc-7-rev-1","idx":32,"n":32,"text":"32. The private sector as service provider. With reference to its recommendations adopted during its 2002 day of general discussion on “The private sector as service provider and its role in implementing child rights” (see CRC/C/121, paras. 630653), the Committee recommends that States parties support the activities of the nongovernmental sector as a channel for programme implementation. It further calls on all nonState service providers (“for profit” as well as “nonprofit” providers) to respect the principles and provisions of the Convention and, in this regard, reminds States parties of their primary obligation to ensure its implementation. Early childhood professionals in both the State and nonState sectors should be provided with thorough preparation, ongoing training and adequate remuneration. In this context, States parties are responsible for service provision for early childhood development. The role of civil society should be complementary to not a substitute for the role of the State. Where nonState services play a major role, the Committee reminds States parties that they have an obligation to monitor and regulate the quality of provision to ensure that children’s rights are protected and their best interests served.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0033","docId":"crc-c-gc-7-rev-1","idx":33,"n":33,"text":"Human rights education in early childhood. In light of article 29 and the Committee’s general comment No. 1 (2001), the Committee also recommends that States parties include human rights education within early childhood education. Such education should be participatory and empowering to children, providing them with practical opportunities to exercise their rights and responsibilities in ways adapted to their interests, concerns and evolving capacities. Human rights education of young children should be anchored in everyday issues at home, in childcare centres, in early education programmes and other community settings with which young children can identify.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0034","docId":"crc-c-gc-7-rev-1","idx":34,"n":34,"text":"Right to rest, leisure and play. The Committee notes that insufficient attention has been given by States parties and others to the implementation of the provisions of article 31 of the Convention, which guarantees “the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts”. Play is one of the most distinctive features of early childhood. Through play, children both enjoy and challenge their current capacities, whether they are playing alone or with others. The value of creative play and exploratory learning is widely recognized in early childhood education. Yet realizing the right to rest, leisure and play is often hindered by a shortage of opportunities for young children to meet, play and interact in child-centred, secure, supportive, stimulating and stress-free environments. Children’s right-to-play space is especially at risk in many urban environments, where the design and density of housing, commercial centres and transport systems combine with noise, pollution and all manner of dangers to create a hazardous environment for young children. Children’s right to play can also be frustrated by excessive domestic chores (especially affecting girls) or by competitive schooling. Accordingly, the Committee appeals to States parties, non-governmental organizations and private actors to identify and remove potential obstacles to the enjoyment of these rights by the youngest children, including as part of poverty reduction strategies. Planning for towns, and leisure and play facilities should take account of children’s right to express their views (art. 12), through appropriate consultations. In all these respects, States parties are encouraged to pay greater attention and allocate adequate resources (human and financial) to the implementation of the right to rest, leisure and play.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0035","docId":"crc-c-gc-7-rev-1","idx":35,"n":35,"text":"Modern communications technologies and early childhood. Article 17 recognizes the potential for both traditional print-based media and modern information technology-based mass media to contribute positively to the realization of children’s rights. Early childhood is a specialist market for publishers and media producers, who should be encouraged to disseminate material that is appropriate to the capacities and interests of young children, socially and educationally beneficial to their well-being, and which reflects the national and regional diversities of children’s circumstances, culture and language. Particular attention should be given to the need of minority groups for access to media that promote their recognition and social inclusion. Article 17 (e) also refers to the role of States parties in ensuring that children are protected from inappropriate and potentially harmful material. Rapid increases in the variety and accessibility of modern technologies, including Internet-based media, are a particular cause for concern. Young children are especially at risk if they are exposed to inappropriate or offensive material. States parties are urged to regulate media production and delivery in ways that protect young children, as well as support parents/caregivers to fulfil their child-rearing responsibilities in this regard (art. 18). CRC/C/GC/7/Rev.1 page 16","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0036","docId":"crc-c-gc-7-rev-1","idx":36,"n":36,"text":"36. Young children’s vulnerability to risks. Throughout this general comment the Committee notes that large numbers of young children grow up in difficult circumstances that are frequently in violation of their rights. Young children are especially vulnerable to the harm caused by unreliable, inconsistent relationships with parents and caregivers, or growing up in extreme poverty and deprivation, or being surrounded by conflict and violence or displaced from their homes as refugees, or any number of other adversities prejudicial to their wellbeing. Young children are less able to comprehend these adversities or resist harmful effects on their health, or physical, mental, spiritual, moral or social development. They are especially at risk where parents or other caregivers are unable to offer adequate protection, whether due to illness, or death, or due to disruption to families or communities. Whatever the difficult circumstances, young children require particular consideration because of the rapid developmental changes they are experiencing; they are more vulnerable to disease, trauma, and distorted or disturbed development, and they are relatively powerless to avoid or resist difficulties and are dependent on others to offer protection and promote their best interests. In the following paragraphs, the Committee draws States parties’ attention to major difficult circumstances referred to in the Convention that have clear implications for rights in early childhood. This list is not exhaustive, and children may in any case be subject to multiple risks. In general, the goal of States parties should be to ensure that every child, in every circumstance, receives adequate protection in fulfilment of their rights:","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons with disabilities","Persons living in poverty","Persons affected by armed conflict","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VI. YOUNG CHILDREN IN NEED OF SPECIAL PROTECTION"],"citedArticles":[{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 19 of CRC — protection from abuse and neglect. Explicitly '(art. 19)' in the enumeration of difficult circumstances."},{"article":"20","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 20 of CRC — deprivation of family environment. Cited in conjunction with art. 19 in the same Convention list."},{"article":"21","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 21 of CRC — adoption."},{"article":"21","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second occurrence of art. 21 of CRC in the same list."},{"article":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 3 of CRC — best interests of the child. Part of the same Convention-based enumeration of protections for young children."},{"article":"22","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 22 of CRC — refugee children. Enumerated in the list of CRC articles relevant to difficult circumstances."},{"article":"23","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 23 of CRC — children with disabilities."},{"article":"32","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 32 of CRC — child labour."},{"article":"33","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 33 of CRC — protection from narcotic drugs."},{"article":"34","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 34 of CRC — sexual exploitation."},{"article":"35","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 35 of CRC — abduction, sale, trafficking."},{"article":"40","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 40 of CRC — juvenile justice."},{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 18 of CRC — parental responsibilities. Part of the same enumeration within CRC context."}]},{"id":"crc-c-gc-7-rev-1-0037","docId":"crc-c-gc-7-rev-1","idx":37,"n":37,"text":"In each of these circumstances, and in the case of all other forms of exploitation (art. 36), the Committee urges States parties to incorporate the particular situation of young children into all legislation, policies and interventions to promote physical and psychological recovery and social reintegration within an environment that promotes dignity and self-respect (art. 39).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VI. YOUNG CHILDREN IN NEED OF SPECIAL PROTECTION"],"citedArticles":[{"treaty":"CRC","article":"36","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0038","docId":"crc-c-gc-7-rev-1","idx":38,"n":38,"text":"38. Resource allocation for early childhood. In order to ensure that young children’s rights are fully realized during this crucial phase of their lives (and bearing in mind the impact of early childhood experiences on their longterm prospects), States parties are urged to adopt comprehensive, strategic and timebound plans for early childhood within a rightsbased framework. This requires an increase in human and financial resource allocations for early childhood services and programmes (art. 4). The Committee acknowledges that States parties implementing child rights in early childhood do so from very different starting points, in terms of existing infrastructures for early childhood policies, services and professional training, as well as levels of resources potentially available to allocate to early childhood. The Committee also acknowledges that States parties may be faced with competing priorities to implement rights throughout childhood, for example where universal health services and primary education have still not been achieved. It is nonetheless important that there be sufficient public investment in","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0039","docId":"crc-c-gc-7-rev-1","idx":39,"n":39,"text":"Data collection and management. The Committee reiterates the importance of comprehensive and up-to-date quantitative and qualitative data on all aspects of early childhood for the formulation, monitoring and evaluation of progress achieved, and for assessment of the impact of policies. The Committee is aware that many States parties lack adequate national data collection systems on early childhood for many areas covered by the Convention, and in particular that specific and disaggregated information on children in the early years is not readily available. The Committee urges all States parties to develop a system of data collection and indicators consistent with the Convention and disaggregated by gender, age, family structure, urban and rural residence, and other relevant categories. This system should cover all children up to the age of 18 years, with specific emphasis on early childhood, particularly children belonging to vulnerable groups.","labels":["Children","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"]},{"id":"crc-c-gc-7-rev-1-0040","docId":"crc-c-gc-7-rev-1","idx":40,"n":40,"text":"Capacity-building for research in early childhood. The Committee noted earlier in this general comment that extensive research has been carried out on aspects of children’s health, growth, and cognitive, social and cultural development, on the influence of both positive and negative factors on their well-being, and on the potential impact of early childhood care and education programmes. Increasingly, research is also being carried out on early childhood from a human rights perspective, notably on ways that children’s participatory rights can be respected, including through their participation in the research process. Theory and evidence from early childhood research has a great deal to offer in the development of policies and practices, as well as in the monitoring and evaluation of initiatives and the education and training of all responsible for the well-being of young children. But the Committee also draws attention to the limitations of current research, through its focus mainly on early childhood in a limited range of contexts and regions of the world. As part of planning for early childhood, the Committee encourages States parties to develop national and local capacities for early childhood research, especially from a rights-based perspective.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"]},{"id":"crc-c-gc-7-rev-1-0041","docId":"crc-c-gc-7-rev-1","idx":41,"n":41,"text":"Training for rights in early childhood. Knowledge and expertise about early childhood are not static but change over time. This is due variously to social trends impacting on the lives of young children, their parents and other caregivers, changing policies and priorities for their care and education, innovations in childcare, curricula and pedagogy, as well as the emergence of new research. Implementing child rights in early childhood sets challenges for all those responsible for children, as well as for children themselves as they gain an understanding of their role in their families, schools and communities. States parties are encouraged to undertake systematic child rights training for children and their parents, as well as for all professionals working for and with children, in particular parliamentarians, judges, magistrates, lawyers, law enforcement officials, civil servants, personnel in institutions and places of detention for children, teachers, health personnel, social workers and local leaders. Furthermore, the Committee urges States parties to conduct awareness-raising campaigns for the public at large. CRC/C/GC/7/Rev.1 page 20","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"]},{"id":"crc-c-gc-7-rev-1-0042","docId":"crc-c-gc-7-rev-1","idx":42,"n":42,"text":"International assistance. Acknowledging the resource constraints affecting many States parties seeking to implement the comprehensive provisions outlined in this general comment, the Committee recommends that donor institutions, including the World Bank, other United Nations bodies and bilateral donors support early childhood development programmes financially and technically, and that it be one of their main targets in assisting sustainable development in countries receiving international assistance. Effective international cooperation can also strengthen capacity-building for early childhood, in terms of policy development, programme development, research and professional training.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"]},{"id":"crc-c-gc-7-rev-1-0043","docId":"crc-c-gc-7-rev-1","idx":43,"n":43,"text":"Looking forward. The Committee urges all States parties, inter-governmental organizations, non-governmental organizations, academics, professional groups and grass-roots communities to continue advocating for the establishment of independent institutions on children’s rights and foster continuous, high-level policy dialogues and research on the crucial importance of quality in early childhood, including dialogues at international, national, regional and local levels.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"]},{"id":"crc-c-gc-8-0001","docId":"crc-c-gc-8","idx":1,"n":1,"text":"Following its two days of general discussion on violence against children, held in 2000 and 2001, the Committee on the Rights of the Child resolved to issue a series of general comments concerning eliminating violence against children, of which this is the first. The Committee aims to guide States parties in understanding the provisions of the Convention concerning the protection of children against all forms of violence. This general comment focuses on corporal punishment and other cruel or degrading forms of punishment, which are currently very widely accepted and practised forms of violence against children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["I. OBJECTIVES"]},{"id":"crc-c-gc-8-0002","docId":"crc-c-gc-8","idx":2,"n":2,"text":"The Convention on the Rights of the Child and other international human rights instruments recognize the right of the child to respect for the child’s human dignity and physical integrity and equal protection under the law. The Committee is issuing this general comment to highlight the obligation of all States parties to move quickly to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment of children and to outline the legislative and other awareness-raising and educational measures that States must take.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["I. OBJECTIVES"]},{"id":"crc-c-gc-8-0003","docId":"crc-c-gc-8","idx":3,"n":3,"text":"Addressing the widespread acceptance or tolerance of corporal punishment of children and eliminating it, in the family, schools and other settings, is not only an obligation of States parties under the Convention. It is also a key strategy for reducing and preventing all forms of violence in societies.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["I. OBJECTIVES"]},{"id":"crc-c-gc-8-0004","docId":"crc-c-gc-8","idx":4,"n":4,"text":"The Committee has, from its earliest sessions, paid special attention to asserting children’s right to protection from all forms of violence. In its examination of States parties’ reports, and most recently in the context of the United Nations Secretary-General’s study on violence against children, it has noted with great concern the widespread legality and persisting social approval of corporal punishment and other cruel or degrading punishment of children.[[fn:1]] Already in 1993, the Committee noted in the report of its fourth session that it “recognized the importance of the question of corporal punishment in improving the system of promotion and protection of the rights of the child and decided to continue to devote attention to it in the process of examining States parties’ reports”.[[fn:2]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"]},{"id":"crc-c-gc-8-0005","docId":"crc-c-gc-8","idx":5,"n":5,"text":"5. Since it began examining States parties’ reports the Committee has recommended prohibition of all corporal punishment, in the family and other settings, to more than 130 States in all continents. The Committee is encouraged that a growing number of States are taking appropriate legislative and other measures to assert children’s right to respect for their human dignity and physical integrity and to equal protection under the law. The Committee understands that by 2006, more than 100 States had prohibited corporal punishment in their schools and penal systems for children. A growing number have completed prohibition in the home and family and all forms of alternative care.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"]},{"id":"crc-c-gc-8-0006","docId":"crc-c-gc-8","idx":6,"n":6,"text":"In September 2000, the Committee held the first of two days of general discussion on violence against children. It focused on “State violence against children” and afterwards adopted detailed recommendations, including for the prohibition of all corporal punishment and the CRC/C/GC/8 page 4 launching of public information campaigns “to raise awareness and sensitize the public about the severity of human rights violations in this domain and their harmful impact on children, and to address cultural acceptance of violence against children, promoting instead ‘zero-tolerance’ of violence”.[[fn:5]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"]},{"id":"crc-c-gc-8-0007","docId":"crc-c-gc-8","idx":7,"n":7,"text":"7. In April 2001, the Committee adopted its first general comment on “The aims of education” and reiterated that corporal punishment is incompatible with the Convention: “… Children do not lose their human rights by virtue of passing through the school gates. Thus, for example, education must be provided in a way that respects the inherent dignity of the child, enables the child to express his or her views freely in accordance with article 12, paragraph 1, and to participate in school life. Education must also be provided in a way that respects the strict limits on discipline reflected in article 28, paragraph 2, and promotes non-violence in school. The Committee has repeatedly made clear in its concluding observations that the use of corporal punishment does not respect the inherent dignity of the child nor the strict limits on school discipline …”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-8-0008","docId":"crc-c-gc-8","idx":8,"n":8,"text":"8. In recommendations adopted following the second day of general discussion, on “Violence against children within the family and in schools”, held in September 2001, the Committee called upon States to “enact or repeal, as a matter of urgency, their legislation in order to prohibit all forms of violence, however light, within the family and in schools, including as a form of discipline, as required by the provisions of the Convention ...”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"]},{"id":"crc-c-gc-8-0009","docId":"crc-c-gc-8","idx":9,"n":9,"text":"9. Another outcome of the Committee’s 2000 and 2001 days of general discussion was a recommendation that the United Nations Secretary-General should be requested, through the General Assembly, to carry out an in-depth international study on violence against children. The United Nations General Assembly took this forward in 2001. Within the context of the United Nations study, carried out between 2003 and 2006, the need to prohibit all currently legalized violence against children has been highlighted, as has children’s own deep concern at the almost universal high prevalence of corporal punishment in the family and also its persisting legality in many States in schools and other institutions, and in penal systems for children in conflict with the law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"]},{"id":"crc-c-gc-8-0010","docId":"crc-c-gc-8","idx":10,"n":10,"text":"10. “Child” is defined as in the Convention as “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0011","docId":"crc-c-gc-8","idx":11,"n":11,"text":"11. The Committee defines “corporal” or “physical” punishment as any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting (“smacking”, “slapping”, “spanking”) children, with the hand or with an implement - a whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, for example, kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, forcing children to stay in uncomfortable positions, burning, scalding or forced ingestion (for example, washing children’s mouths out with soap or forcing them to swallow hot spices). In the view of the Committee, corporal punishment is invariably degrading. In addition, there are other non-physical forms of punishment that are also cruel and degrading and thus incompatible with the Convention. These include, for example, punishment which belittles, humiliates, denigrates, scapegoats, threatens, scares or ridicules the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0012","docId":"crc-c-gc-8","idx":12,"n":12,"text":"12. Corporal punishment and other cruel or degrading forms of punishment of children take place in many settings, including within the home and family, in all forms of alternative care, schools and other educational institutions and justice systems - both as a sentence of the courts and as a punishment within penal and other institutions - in situations of child labour, and in the community.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0013","docId":"crc-c-gc-8","idx":13,"n":13,"text":"13. In rejecting any justification of violence and humiliation as forms of punishment for children, the Committee is not in any sense rejecting the positive concept of discipline. The healthy development of children depends on parents and other adults for necessary guidance and direction, in line with children’s evolving capacities, to assist their growth towards responsible life in society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0014","docId":"crc-c-gc-8","idx":14,"n":14,"text":"14. The Committee recognizes that parenting and caring for children, especially babies and young children, demand frequent physical actions and interventions to protect them. This is quite distinct from the deliberate and punitive use of force to cause some degree of pain, discomfort or humiliation. As adults, we know for ourselves the difference between a protective physical action and a punitive assault; it is no more difficult to make a distinction in relation to actions involving children. The law in all States, explicitly or implicitly, allows for the use of non-punitive and necessary force to protect people.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0015","docId":"crc-c-gc-8","idx":15,"n":15,"text":"15. The Committee recognizes that there are exceptional circumstances in which teachers and others, e.g. those working with children in institutions and with children in conflict with the law, may be confronted by dangerous behaviour which justifies the use of reasonable restraint to control it. Here too there is a clear distinction between the use of force motivated by the need to protect a child or others and the use of force to punish. The principle of the minimum necessary use of force for the shortest necessary period of time must always apply. Detailed guidance and training is also required, both to minimize the necessity to use restraint and to ensure that any methods used are safe and proportionate to the situation and do not involve the deliberate infliction of pain as a form of control.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0016","docId":"crc-c-gc-8","idx":16,"n":16,"text":"16. Before the adoption of the Convention on the Rights of the Child, the International Bill of Human Rights - the Universal Declaration and the two International Covenants, on Civil and Political Rights and on Economic, Social and Cultural Rights - upheld “everyone’s” right to respect for his/her human dignity and physical integrity and to equal protection under the law. In asserting States’ obligation to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment, the Committee notes that the Convention on the Rights of the Child builds on this foundation. The dignity of each and every individual is the fundamental guiding principle of international human rights law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0017","docId":"crc-c-gc-8","idx":17,"n":17,"text":"17. The preamble to the Convention on the Rights of the Child affirms, in accordance with the principles in the Charter of the United Nations, repeated in the preamble to the Universal Declaration, that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”. The preamble to the Convention also recalls that, in the Universal Declaration, the United Nations “has proclaimed that childhood is entitled to special care and assistance”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0018","docId":"crc-c-gc-8","idx":18,"n":18,"text":"18. Article 37 of the Convention requires States to ensure that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”. This is complemented and extended by article 19, which requires States to “take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child”. There is no ambiguity: “all forms of physical or mental violence” does not leave room for any level of legalized violence against children. Corporal punishment and other cruel or degrading forms of punishment are forms of violence and States must take all appropriate legislative, administrative, social and educational measures to eliminate them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-8-0019","docId":"crc-c-gc-8","idx":19,"n":19,"text":"19. In addition, article 28, paragraph 2, of the Convention refers to school discipline and requires States parties to “take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-8-0020","docId":"crc-c-gc-8","idx":20,"n":20,"text":"20. Article 19 and article 28, paragraph 2, do not refer explicitly to corporal punishment. The travaux préparatoires for the Convention do not record any discussion of corporal punishment during the drafting sessions. But the Convention, like all human rights instruments, must be regarded as a living instrument, whose interpretation develops over time. In the 17 years since the Convention was adopted, the prevalence of corporal punishment of children in their homes, schools and other institutions has become more visible, through the reporting process under the Convention and through research and advocacy by, among others, national human rights institutions and non-governmental organizations (NGOs).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-8-0021","docId":"crc-c-gc-8","idx":21,"n":21,"text":"21. Once visible, it is clear that the practice directly conflicts with the equal and inalienable rights of children to respect for their human dignity and physical integrity. The distinct nature of children, their initial dependent and developmental state, their unique human potential as well as their vulnerability, all demand the need for more, rather than less, legal and other protection from all forms of violence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0022","docId":"crc-c-gc-8","idx":22,"n":22,"text":"22. The Committee emphasizes that eliminating violent and humiliating punishment of children, through law reform and other necessary measures, is an immediate and unqualified obligation of States parties. It notes that other treaty bodies, including the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee against Torture have reflected the same view in their concluding observations on States parties’ reports under the relevant instruments, recommending prohibition and other measures against corporal punishment in schools, penal systems and, in some cases, the family. For example, the Committee on Economic, Social and Cultural Rights, in its general comment No. 13 (1999) on “The right to education” stated: “In the Committee’s view, corporal punishment is inconsistent with the fundamental guiding principle of international human rights law enshrined in the Preambles to the Universal Declaration and both Covenants: the dignity of the individual. Other aspects of school discipline may also be inconsistent with school discipline, including public humiliation.”","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0023","docId":"crc-c-gc-8","idx":23,"n":23,"text":"23. Corporal punishment has also been condemned by regional human rights mechanisms. The European Court of Human Rights, in a series of judgements, has progressively condemned corporal punishment of children, first in the penal system, then in schools, including private schools, and most recently in the home. The European Committee of Social Rights, monitoring compliance of member States of the Council of Europe with the European Social Charter and Revised Social Charter, has found that compliance with the Charters requires prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0024","docId":"crc-c-gc-8","idx":24,"n":24,"text":"24. An Advisory Opinion of the Inter-American Court of Human Rights, on the Legal Status and Human Rights of the Child (2002) holds that the States parties to the American Convention on Human Rights “are under the obligation … to adopt all positive measures required to ensure protection of children against mistreatment, whether in their relations with public authorities, or in relations among individuals or with non-governmental entities”. The Court quotes provisions of the Convention on the Rights of the Child, conclusions of the Committee on the Rights of the Child and also judgements of the European Court of Human Rights relating to States’ obligations to protect children from violence, including within the family. The Court concludes that “the State has the duty to adopt positive measures to fully ensure effective exercise of the rights of the child”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0025","docId":"crc-c-gc-8","idx":25,"n":25,"text":"25. The African Commission on Human and Peoples’ Rights monitors implementation of the African Charter on Human and Peoples’ Rights. In a 2003 decision on an individual communication concerning a sentence of “lashes” imposed on students, the Commission found that the punishment violated article 5 of the African Charter, which prohibits cruel, inhuman or degrading punishment. It requested the relevant Government to amend the law, abolishing the penalty of lashes, and to take appropriate measures to ensure compensation of the victims. In its decision, the Commission states: “There is no right for individuals, and particularly the Government of a country to apply physical violence to individuals for offences. Such a right would be tantamount to sanctioning State-sponsored torture under the Charter and contrary to the very nature of this human rights treaty.” The Committee on the Rights of the Child is pleased to note that constitutional and other high-level courts in many countries have issued decisions condemning corporal punishment of children in some or all settings, and in most cases quoting the Convention on the Rights of the Child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-8-0026","docId":"crc-c-gc-8","idx":26,"n":26,"text":"26. When the Committee on the Rights of the Child has raised eliminating corporal punishment with certain States during the examination of their reports, governmental representatives have sometimes suggested that some level of “reasonable” or “moderate” corporal punishment can be justified as in the “best interests” of the child. The Committee has identified, as an important general principle, the Convention’s requirement that the best interests of the child should be a primary consideration in all actions concerning children (art. 3, para. 1). The Convention also asserts, in article 18, that the best interests of the child will be parents’ basic concern. But interpretation of a child’s best interests must be consistent with the whole Convention, including the obligation to protect children from all forms of violence and the requirement to give due weight to the child’s views; it cannot be used to justify practices, including corporal punishment and other forms of cruel or degrading punishment, which conflict with the child’s human dignity and right to physical integrity.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-8-0027","docId":"crc-c-gc-8","idx":27,"n":27,"text":"27. The preamble to the Convention upholds the family as “the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children”. The Convention requires States to respect and support families. There is no conflict whatsoever with States’ obligation to ensure that the human dignity and physical integrity of children within the family receive full protection alongside other family members.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0028","docId":"crc-c-gc-8","idx":28,"n":28,"text":"28. Article 5 requires States to respect the responsibilities, rights and duties of parents “to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention”. Here again, interpretation of “appropriate” direction and guidance must be consistent with the whole Convention and leaves no room for justification of violent or other cruel or degrading forms of discipline.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-8-0029","docId":"crc-c-gc-8","idx":29,"n":29,"text":"29. Some raise faith-based justifications for corporal punishment, suggesting that certain interpretations of religious texts not only justify its use, but provide a duty to use it. Freedom of religious belief is upheld for everyone in the International Covenant on Civil and Political Rights (art. 18), but practice of a religion or belief must be consistent with respect for others’ human dignity and physical integrity. Freedom to practise one’s religion or belief may be legitimately limited in order to protect the fundamental rights and freedoms of others. In certain States, the Committee has found that children, in some cases from a very young age, in other cases from the time that they are judged to have reached puberty, may be sentenced to punishments of extreme violence, including stoning and amputation, prescribed under certain interpretations of religious law. Such punishments plainly violate the Convention and other international human rights standards, as has been highlighted also by the Human Rights Committee and the Committee against Torture, and must be prohibited.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"}]},{"id":"crc-c-gc-8-0030","docId":"crc-c-gc-8","idx":30,"n":30,"text":"30. The wording of article 19 of the Convention builds upon article 4 and makes clear that legislative as well as other measures are required to fulfil States’ obligations to protect children from all forms of violence. The Committee has welcomed the fact that, in many States, the Convention or its principles have been incorporated into domestic law. All States have criminal laws to protect citizens from assault. Many have constitutions and/or legislation reflecting international human rights standards and article 37 of the Convention on the Rights of the Child, which uphold “everyone’s” right to protection from torture and cruel, inhuman or degrading treatment or punishment. Many also have specific child protection laws that make “illtreatment” or “abuse” or “cruelty” an offence. But the Committee has learned from its examination of States’ reports that such legislative provisions do not generally guarantee the child protection from all corporal punishment and other cruel or degrading forms of punishment, in the family and in other settings.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-8-0031","docId":"crc-c-gc-8","idx":31,"n":31,"text":"31. In its examination of reports, the Committee has noted that in many States there are explicit legal provisions in criminal and/or civil (family) codes that provide parents and other carers with a defence or justification for using some degree of violence in “disciplining” children. For example, the defence of “lawful”, “reasonable” or “moderate” chastisement or correction has formed part of English common law for centuries, as has a “right of correction” in French law. At one time in many States the same defence was also available to justify the chastisement of wives by their husbands and of slaves, servants and apprentices by their masters. The Committee emphasizes that the Convention requires the removal of any provisions (in statute or common - case law) that allow some degree of violence against children (e.g. “reasonable” or “moderate” chastisement or correction), in their homes/families or in any other setting.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0032","docId":"crc-c-gc-8","idx":32,"n":32,"text":"32. In some States, corporal punishment is specifically authorized in schools and other institutions, with regulations setting out how it is to be administered and by whom. And in a minority of States, corporal punishment using canes or whips is still authorized as a sentence of the courts for child offenders. As frequently reiterated by the Committee, the Convention requires the repeal of all such provisions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0033","docId":"crc-c-gc-8","idx":33,"n":33,"text":"33. In some States, the Committee has observed that while there is no explicit defence or justification of corporal punishment in the legislation, nevertheless traditional attitudes to children imply that corporal punishment is permitted. Sometimes these attitudes are reflected in court decisions (in which parents or teachers or other carers have been acquitted of assault or illtreatment on the grounds that they were exercising a right or freedom to use moderate “correction”).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0034","docId":"crc-c-gc-8","idx":34,"n":34,"text":"34. In the light of the traditional acceptance of violent and humiliating forms of punishment of children, a growing number of States have recognized that simply repealing authorization of corporal punishment and any existing defences is not enough. In addition, explicit prohibition of corporal punishment and other cruel or degrading forms of punishment, in their civil or criminal legislation, is required in order to make it absolutely clear that it is as unlawful to hit or “smack” or “spank” a child as to do so to an adult, and that the criminal law on assault does apply equally to such violence, regardless of whether it is termed “discipline” or “reasonable correction”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0035","docId":"crc-c-gc-8","idx":35,"n":35,"text":"35. Once the criminal law applies fully to assaults on children, the child is protected from corporal punishment wherever he or she is and whoever the perpetrator is. But in the view of the Committee, given the traditional acceptance of corporal punishment, it is essential that the applicable sectoral legislation - e.g. family law, education law, law relating to all forms of alternative care and justice systems, employment law - clearly prohibits its use in the relevant settings. In addition, it is valuable if professional codes of ethics and guidance for teachers, carers and others, and also the rules or charters of institutions, emphasize the illegality of corporal punishment and other cruel or degrading forms of punishment.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0036","docId":"crc-c-gc-8","idx":36,"n":36,"text":"36. The Committee is also concerned at reports that corporal punishment and other cruel or degrading punishments are used in situations of child labour, including in the domestic context. The Committee reiterates that the Convention and other applicable human rights instruments protect the child from economic exploitation and from any work that is likely to be hazardous, interferes with the child’s education, or is harmful to the child’s development, and that they require certain safeguards to ensure the effective enforcement of this protection. The Committee emphasizes that it is essential that the prohibition of corporal punishment and other cruel or degrading forms of punishment must be enforced in any situations in which children are working.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0037","docId":"crc-c-gc-8","idx":37,"n":37,"text":"37. Article 39 of the Convention requires States to take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of “any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment”. Corporal punishment and other degrading forms of punishment may inflict serious damage to the physical, psychological and social development of children, requiring appropriate health and other care and treatment. This must take place in an environment that fosters the integral health, self-respect and dignity of the child, and be extended as appropriate to the child’s family group. There should be an interdisciplinary approach to planning and providing care and treatment, with specialized training of the professionals involved. The child’s views should be given due weight concerning all aspects of their treatment and in reviewing it.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-c-gc-8-0038","docId":"crc-c-gc-8","idx":38,"n":38,"text":"38. The Committee believes that implementation of the prohibition of all corporal punishment requires awareness-raising, guidance and training (see paragraph 45 et seq. below) for all those involved. This must ensure that the law operates in the best interests of the affected children - in particular when parents or other close family members are the perpetrators. The first purpose of law reform to prohibit corporal punishment of children within the family is prevention: to prevent violence against children by changing attitudes and practice, underlining children’s right to equal protection and providing an unambiguous foundation for child protection and for the promotion of positive, non-violent and participatory forms of childrearing.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"]},{"id":"crc-c-gc-8-0039","docId":"crc-c-gc-8","idx":39,"n":39,"text":"39. Achieving a clear and unconditional prohibition of all corporal punishment will require varying legal reforms in different States parties. It may require specific provisions in sectoral laws covering education, juvenile justice and all forms of alternative care. But it should be made explicitly clear that the criminal law provisions on assault also cover all corporal punishment, including in the family. This may require an additional provision in the criminal code of the State party. But it is also possible to include a provision in the civil code or family law, prohibiting the use of all forms of violence, including all corporal punishment. Such a provision emphasizes that parents or other caretakers can no longer use any traditional defence that it is their right (“reasonably” or “moderately”) to use corporal punishment if they face prosecution under the criminal code. Family law should also positively emphasize that parental responsibility includes providing appropriate direction and guidance to children without any form of violence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"]},{"id":"crc-c-gc-8-0040","docId":"crc-c-gc-8","idx":40,"n":40,"text":"40. The principle of equal protection of children and adults from assault, including within the family, does not mean that all cases of corporal punishment of children by their parents that come to light should lead to prosecution of parents. The de minimis principle - that the law does not concern itself with trivial matters - ensures that minor assaults between adults only come to court in very exceptional circumstances; the same will be true of minor assaults on children. States need to develop effective reporting and referral mechanisms. While all reports of violence against children should be appropriately investigated and their protection from significant harm assured, the aim should be to stop parents from using violent or other cruel or degrading punishments through supportive and educational, not punitive, interventions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"]},{"id":"crc-c-gc-8-0041","docId":"crc-c-gc-8","idx":41,"n":41,"text":"41. Children’s dependent status and the unique intimacy of family relations demand that decisions to prosecute parents, or to formally intervene in the family in other ways, should be taken with very great care. Prosecuting parents is in most cases unlikely to be in their children’s best interests. It is the Committee’s view that prosecution and other formal interventions (for example, to remove the child or remove the perpetrator) should only proceed when they are regarded both as necessary to protect the child from significant harm and as being in the best interests of the affected child. The affected child’s views should be given due weight, according to his or her age and maturity.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"]},{"id":"crc-c-gc-8-0042","docId":"crc-c-gc-8","idx":42,"n":42,"text":"42. Advice and training for all those involved in child protection systems, including the police, prosecuting authorities and the courts, should underline this approach to enforcement of the law. Guidance should also emphasize that article 9 of the Convention requires that any separation of the child from his or her parents must be deemed necessary in the best interests of the child and be subject to judicial review, in accordance with applicable law and procedures, with all interested parties, including the child, represented. Where separation is deemed to be justified, alternatives to placement of the child outside the family should be considered, including removal of the perpetrator, suspended sentencing, and so on.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-8-0043","docId":"crc-c-gc-8","idx":43,"n":43,"text":"43. Where, despite prohibition and positive education and training programmes, cases of corporal punishment come to light outside the family home - in schools, other institutions and forms of alternative care, for example - prosecution may be a reasonable response. The threat to the perpetrator of other disciplinary action or dismissal should also act as a clear deterrent. It is essential that the prohibition of all corporal punishment and other cruel or degrading punishment, and the sanctions that may be imposed if it is inflicted, should be well disseminated to children and to all those working with or for children in all settings. Monitoring disciplinary systems and the treatment of children must be part of the sustained supervision of all institutions and placements which is required by the Convention. Children and their representatives in all such placements must have immediate and confidential access to child-sensitive advice, advocacy and complaints procedures and ultimately to the courts, with necessary legal and other assistance. In institutions, there should be a requirement to report and to review any violent incidents.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"]},{"id":"crc-c-gc-8-0044","docId":"crc-c-gc-8","idx":44,"n":44,"text":"44. Article 12 of the Convention underlines the importance of giving due consideration to children’s views on the development and implementation of educational and other measures to eradicate corporal punishment and other cruel or degrading forms of punishment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-8-0045","docId":"crc-c-gc-8","idx":45,"n":45,"text":"45. Given the widespread traditional acceptance of corporal punishment, prohibition on its own will not achieve the necessary change in attitudes and practice. Comprehensive awarenessraising of children’s right to protection and of the laws that reflect this right is required. Under article 42 of the Convention, States undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"],"citedArticles":[{"treaty":"CRC","article":"42","source":"regex"}]},{"id":"crc-c-gc-8-0046","docId":"crc-c-gc-8","idx":46,"n":46,"text":"46. In addition, States must ensure that positive, non-violent relationships and education are consistently promoted to parents, carers, teachers and all others who work with children and families. The Committee emphasizes that the Convention requires the elimination not only of corporal punishment but of all other cruel or degrading punishment of children. It is not for the Convention to prescribe in detail how parents should relate to or guide their children. But the Convention does provide a framework of principles to guide relationships both within the family, and between teachers, carers and others and children. Children’s developmental needs must be respected. Children learn from what adults do, not only from what adults say. When the adults to whom a child most closely relates use violence and humiliation in their relationship with the child, they are demonstrating disrespect for human rights and teaching a potent and dangerous lesson that these are legitimate ways to seek to resolve conflict or change behaviour.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"]},{"id":"crc-c-gc-8-0047","docId":"crc-c-gc-8","idx":47,"n":47,"text":"47. The Convention asserts the status of the child as an individual person and holder of human rights. The child is not a possession of parents, nor of the State, nor simply an object of concern. In this spirit, article 5 requires parents (or, where applicable, members of the extended family or community) to provide the child with appropriate direction and guidance, in a manner consistent with his/her evolving capacities, in the exercise by the child of the rights recognized in the Convention. Article 18, which underlines the primary responsibility of parents, or legal guardians, for the upbringing and development of the child, states that “the best interests of the child will be their basic concern”. Under article 12, States are required to assure children the right to express their views freely “in all matters affecting the child”, with the views of the child being given due weight in accordance with age and maturity. This emphasizes the need for styles of parenting, caring and teaching that respect children’s participation rights. In its general comment No. 1 on “The aims of education”, the Committee has emphasized the importance of developing education that is “child-centred, child-friendly and empowering”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-8-0048","docId":"crc-c-gc-8","idx":48,"n":48,"text":"48. The Committee notes that there are now many examples of materials and programmes promoting positive, non-violent forms of parenting and education, addressed to parents, other carers and teachers and developed by Governments, United Nations agencies, NGOs and others. These can be appropriately adapted for use in different States and situations. The media can play a very valuable role in awareness-raising and public education. Challenging traditional dependence on corporal punishment and other cruel or degrading forms of discipline requires sustained action. The promotion of non-violent forms of parenting and education should be built into all the points of contact between the State and parents and children, in health, welfare and educational services, including early childhood institutions, day-care centres and schools. It should also be integrated into the initial and in-service training of teachers and all those working with children in care and justice systems.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"]},{"id":"crc-c-gc-8-0049","docId":"crc-c-gc-8","idx":49,"n":49,"text":"49. The Committee proposes that States may wish to seek technical assistance from, among others, UNICEF and UNESCO concerning awareness-raising, public education and training to promote non-violent approaches.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"]},{"id":"crc-c-gc-8-0050","docId":"crc-c-gc-8","idx":50,"n":50,"text":"50. The Committee, in its general comment No. 5 on “General measures of implementation for the Convention on the Rights of the Child (arts. 4, 42 and 44, para. 6) ”, emphasizes the need for systematic monitoring by States parties of the realization of children’s rights, through the development of appropriate indicators and the collection of sufficient and reliable data.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","4. Monitoring and evaluation"]},{"id":"crc-c-gc-8-0051","docId":"crc-c-gc-8","idx":51,"n":51,"text":"51. Therefore States parties should monitor their progress towards eliminating corporal punishment and other cruel or degrading forms of punishment and thus realizing children’s right to protection. Research using interviews with children, their parents and other carers, in conditions of confidentiality and with appropriate ethical safeguards, is essential in order to accurately assess the prevalence of these forms of violence within the family and attitudes to them. The Committee encourages every State to carry out/commission such research, as far as possible with groups representative of the whole population, to provide baseline information and then at regular intervals to measure progress. The results of this research can also provide valuable guidance for the development of universal and targeted awareness-raising campaigns and training for professionals working with or for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","4. Monitoring and evaluation"]},{"id":"crc-c-gc-8-0052","docId":"crc-c-gc-8","idx":52,"n":52,"text":"52. The Committee also underlines in general comment No. 5 the importance of independent monitoring of implementation by, for example, parliamentary committees, NGOs, academic institutions, professional associations, youth groups and independent human rights institutions (see also the Committee’s general comment No. 2 on “The role of independent national human rights institutions in the protection and promotion of the rights of the child”). These could all play an important role in monitoring the realization of children’s right to protection from all corporal punishment and other cruel or degrading forms of punishment.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","4. Monitoring and evaluation"]},{"id":"crc-c-gc-8-0053","docId":"crc-c-gc-8","idx":53,"n":53,"text":"53. The Committee expects States to include in their periodic reports under the Convention information on the measures taken to prohibit and prevent all corporal punishment and other cruel or degrading forms of punishment in the family and all other settings, including on related awareness-raising activities and promotion of positive, non-violent relationships and on the State’s evaluation of progress towards achieving full respect for children’s rights to protection from all forms of violence. The Committee also encourages United Nations agencies, national human rights institutions, NGOs and other competent bodies to provide it with relevant information on the legal status and prevalence of corporal punishment and progress towards its elimination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VI. REPORTING REQUIREMENTS UNDER THE CONVENTION"]},{"id":"crc-c-gc-9-corr-1-0001","docId":"crc-c-gc-9-corr-1","idx":1,"n":1,"text":"It is estimated that there are 500-650 million persons with disabilities in the world, approximately 10 % of the world population, 150 million of whom are children. More than 80 % live in developing countries with little or no access to services. The majority of children with disabilities in developing countries remain out of school and are completely illiterate. It is recognized that most of the causes of disabilities, such as war, illness and poverty, are preventable which also prevent and/or reduce the secondary impacts of disabilities, often caused by the lack of early/timely intervention. Therefore, more should be done to create the necessary political will and real commitment to investigate and put into practice the most effective actions to prevent disabilities with the participation of all levels of society.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0002","docId":"crc-c-gc-9-corr-1","idx":2,"n":2,"text":"The past few decades have witnessed positive focus on persons with disabilities in general and children in particular. The reason for this new focus is explained partly by the fact that the voice of persons with disabilities and of their advocates from national and international non governmental organizations (NGO) is being increasingly heard and partly by the growing attention paid to persons with disabilities within the framework of the human rights treaties and the United Nations human rights treaty bodies. These treaty bodies have considerable potential in advancing the rights of persons with disabilities but they have generally been underused. When adopted in November 1989 the Convention on the Rights of the Child (hereafter “the Convention”) was the first human rights treaty that contained a specific reference to disability (article 2 on non-discrimination) and a separate article 23 exclusively dedicated to the rights and needs of children with disabilities. Since the Convention has entered into force (2 September 1990), the Committee on the Rights of the Child (thereafter “the Committee”) has paid sustained and particular attention to disability-based discrimination while other human rights treaty bodies have paid attention to disability-based discrimination under “other status” in the context of articles on non-discrimination of their relevant Convention. In 1994 the Committee on Economic, Social and Cultural Rights issued its general comment No. 5 on persons with disabilities and stated in paragraph 15 that “The effects of disability-based discrimination have been particularly severe in the fields of education, employment, housing, transport, cultural life, and access to public places and services.” The Special Rapporteur on disability of the United Nations Commission for Social Development was first appointed in 1994 and mandated to monitor of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, adopted by the General Assembly at its forty-eighth session in 1993 (A/RES/48/96, Annex), and to advance the status of persons with disabilities throughout the world. On 6 October 1997 the Committee devoted its day of general discussion to children with disabilities and adopted a set of recommendations (CRC/C/69, paragraphs 310-339), in which it considered the possibility of drafting a general comment on children with disabilities. The Committee notes with appreciation the work of the Ad-Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, and that it adopted at its eighth session, held in New York on 25 August 2006, a draft convention on the rights of persons with disabilities to be submitted to the General Assembly at its sixty-first session (A/AC.265/2006/4, Annex II).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"article":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"regex_default_treaty=CRC; text says 'the Convention … contained a specific reference to disability (article 2 on non-discrimination)' — CRC article 2 is the non-discrimination article, and 'the Convention' is CRC in this CRC document."},{"article":"23","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text says 'a separate article 23 exclusively dedicated to the rights and needs of children with disabilities' — this is clearly CRC art. 23 (disability article)."}]},{"id":"crc-c-gc-9-corr-1-0003","docId":"crc-c-gc-9-corr-1","idx":3,"n":3,"text":"The Committee, in reviewing State party reports, has accumulated a wealth of information on the status of children with disabilities worldwide and found that in the overwhelming majority of countries some recommendations had to be made specifically to address the situation of children with disabilities. The problems identified and addressed have varied from exclusion from decision-making processes to severe discrimination and actual killing of children with disabilities. Poverty being both a cause and a consequence of disability, the Committee has repeatedly stressed that children with disabilities and their families have the right to an adequate standard of living, including adequate food, clothing and housing, and to the continuous improvement of their living conditions. The question of children with disabilities living in poverty should be addressed by allocating adequate budgetary resources as well as by ensuring that children with disabilities have access to social protection and poverty reduction programmes.","labels":["Children","Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0004","docId":"crc-c-gc-9-corr-1","idx":4,"n":4,"text":"The Committee has noted that no reservations or declarations have been entered specifically to article 23 of the Convention by any State party.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0005","docId":"crc-c-gc-9-corr-1","idx":5,"n":5,"text":"The Committee also notes that children with disabilities are still experiencing serious difficulties and facing barriers to the full enjoyment of the rights enshrined in the Convention. The Committee emphasizes that the barrier is not the disability itself but rather a combination of social, cultural, attitudinal and physical obstacles which children with disabilities encounter in their daily lives. The strategy for promoting their rights is therefore to take the necessary action to remove those barriers. Acknowledging the importance of articles 2 and 23 of the Convention, the Committee states from the outset that the implementation of the Convention with regards to children with disabilities should not be limited to these articles.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0006","docId":"crc-c-gc-9-corr-1","idx":6,"n":6,"text":"The present general comment is meant to provide guidance and assistance to States parties in their efforts to implement the rights of children with disabilities, in a comprehensive manner which covers all the provisions of the Convention. Thus, the Committee will first make some observations related directly to articles 2 and 23, then it will elaborate on the necessity of paying particular attention to and including explicitly children with disabilities within the framework of general measures for the implementation of the Convention. Those observations will be followed by comments on the meaning and the implementation of the various articles of the Convention (clustered in accordance with the Committee’s practice) for children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0007","docId":"crc-c-gc-9-corr-1","idx":7,"n":7,"text":"According to article 1, paragraph 2, of the draft convention on the rights of persons with disabilities, “Persons with disabilities include those who have long-term physical, mental, intellectual, or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.” (A/AC.265/2006/4, Annex II)","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRPD","article":"1","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0008","docId":"crc-c-gc-9-corr-1","idx":8,"n":8,"text":"Article 2 requires States parties to ensure that all children within their jurisdiction enjoy all the rights enshrined in the Convention without discrimination of any kind. This obligation requires States parties to take appropriate measures to prevent all forms of discrimination, including on the ground of disability. This explicit mention of disability as a prohibited ground for discrimination in article 2 is unique and can be explained by the fact that children with disabilities belong to one of the most vulnerable groups of children. In many cases forms of multiple discrimination based on a combination of factors, i.e. indigenous girls with disabilities, children with disabilities living in rural areas and so on increase the vulnerability of certain groups. It has been therefore felt necessary to mention disability explicitly in the non-discrimination article. Discrimination takes place – often de facto – in various aspects of the life and development of children with disabilities. As an example, social discrimination and stigmatization leads to their marginalization and exclusion, and may even threaten their survival and development if it goes as far as physical or mental violence against children with disabilities. Discrimination in service provision excludes them from education and denies them access to quality health and social services. The lack of appropriate education and vocational training discriminates against them by denying them job opportunities in the future. Social stigma, fears, overprotection, negative attitudes, misbeliefs and prevailing prejudices against children with disabilities remain strong in many communities and lead to the marginalization and alienation of children with disabilities. The Committee shall elaborate on these aspects in the paragraphs below.","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0009","docId":"crc-c-gc-9-corr-1","idx":9,"n":9,"text":"In general, States parties in their efforts to prevent and eliminate all forms of discrimination against children with disabilities should take the following measures: (a) Include explicitly disability as a forbidden ground for discrimination in constitutional provisions on non-discrimination and/or include specific prohibition of discrimination on the ground of disability in specific anti-discrimination laws or legal provisions. (b) Provide for effective remedies in case of violations of the rights of children with disabilities, and ensure that those remedies are easily accessible to children with disabilities and their parents and/or others caring for the child. (c) Conduct awareness-raising and educational campaigns targeting the public at large and specific groups of professionals with a view to preventing and eliminating de facto discrimination against children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0010","docId":"crc-c-gc-9-corr-1","idx":10,"n":10,"text":"Girls with disabilities are often even more vulnerable to discrimination due to gender discrimination. In this context, States parties are requested to pay particular attention to girls with disabilities by taking the necessary measures, and when needed extra measures, in order to ensure that they are well protected, have access to all services and are fully included in society.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0011","docId":"crc-c-gc-9-corr-1","idx":11,"n":11,"text":"Paragraph 1 of article 23 should be considered as the leading principle for the implementation of the Convention with respect to children with disabilities: the enjoyment of a full and decent life in conditions that ensure dignity, promote self reliance and facilitate active participation in the community. The measures taken by States parties regarding the realization of the rights of children with disabilities should be directed towards this goal. The core message of this paragraph is that children with disabilities should be included in the society. Measures taken for the implementation of the rights contained in the Convention regarding children with disabilities, for example in the areas of education and health, should explicitly aim at the maximum inclusion of those children in society.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0012","docId":"crc-c-gc-9-corr-1","idx":12,"n":12,"text":"According to paragraph 2 of article 23 States parties to the Convention recognize the right of the child with disability to special care and shall encourage and ensure the extension of assistance to the eligible child and those responsible for his or her care. The assistance has to be appropriate to the child’s condition and the circumstances of the parents or others caring for the child. Paragraph 3 of article 23 gives further rules regarding the costs of specific measures and precisions as to what the assistance should try to achieve.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0013","docId":"crc-c-gc-9-corr-1","idx":13,"n":13,"text":"In order to meet the requirements of article 23 it is necessary that States parties develop and effectively implement a comprehensive policy by means of a plan of action which not only aims at the full enjoyment of the rights enshrined in the Convention without discrimination but which also ensures that a child with disability and her or his parents and/or others caring for the child do receive the special care and assistance they are entitled to under the Convention.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0014","docId":"crc-c-gc-9-corr-1","idx":14,"n":14,"text":"Regarding the specifics of paragraphs 2 and 3 of article 23, the Committee makes the following observations: (a) The provision of special care and assistance is subject to available resources and free of charge whenever possible. The Committee urges States parties to make special care and assistance to children with disabilities a matter of high priority and to invest to the maximum extent of available resources in the elimination of discrimination against children with disabilities and towards their maximum inclusion in society. (b) Care and assistance shall be designed to ensure that children with disabilities have effective access to and benefit from education, training, health care services, recovery services, preparation for employment and recreation opportunities. The Committee when dealing with specific articles of the Convention will elaborate on the measures necessary to achieve this.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0015","docId":"crc-c-gc-9-corr-1","idx":15,"n":15,"text":"With reference to article 23, paragraph 4, the Committee notes that the international exchange of information between States parties in the areas of prevention and treatment is quite limited. The Committee recommends that States parties take effective, and where appropriate targeted, measures for an active promotion of information as envisaged by article 23, paragraph 4, in order to enable States parties to improve their capabilities and skills in the areas of prevention and treatment of disabilities of children.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0016","docId":"crc-c-gc-9-corr-1","idx":16,"n":16,"text":"It is often not clear how and to which degree the needs of developing countries are taken into account as required by article 23, paragraph 4. The Committee strongly recommends States parties to ensure that, within the framework of bilateral or multilateral development assistance, particular attention be paid to children with disabilities and their survival and development in accordance with the provisions of the Convention, for example, by developing and implementing special programmes aiming at their inclusion in society and allocating earmarked budgets to that effect. States parties are invited to provide information in their reports to the Committee on the activities and results of such international cooperation.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0017","docId":"crc-c-gc-9-corr-1","idx":17,"n":17,"text":"In addition to the legislative measures recommended with regard to non-discrimination (see paragraph 9 above), the Committee recommends that States parties undertake a comprehensive review of all domestic laws and related regulations in order to ensure that all provisions of the Convention are applicable to all children, including children with disabilities who should be mentioned explicitly, where appropriate. National laws and regulations should contain clear and explicit provisions for the protection and exercise of the specific rights of children with disabilities, in particular those enshrined in article 23 of the Convention.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0018","docId":"crc-c-gc-9-corr-1","idx":18,"n":18,"text":"The need for a national plan of action that integrates all the provisions of the Convention is a well-recognized fact and has often been a recommendation made by the Committee to States parties. Plans of action must be comprehensive, including plans and strategies for children with disabilities, and should have measurable outcomes. The draft convention on the rights of persons with disabilities, in its article 4, paragraph 1 c, emphasizes the importance of inclusion of this aspect stating that States parties undertake “to take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes” (A/AC.265/2006/4, annex II). It is also essential that all programmes be adequately supplied with financial and human resources and equipped with built-in monitoring mechanisms, for example, indicators allowing accurate outcome measurements. Another factor that should not be overlooked is the importance of including all children with disabilities in policies and programmes. Some States parties have initiated excellent programmes, but failed to include all children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0019","docId":"crc-c-gc-9-corr-1","idx":19,"n":19,"text":"In order to fulfil their obligations, it is necessary for States parties to set up and develop mechanisms for collecting data which are accurate, standardized and allow disaggregation, and which reflect the actual situation of children with disabilities. The importance of this issue is often overlooked and not viewed as a priority despite the fact that it has an impact not only on the measures that need to be taken in terms of prevention but also on the distribution of very valuable resources needed to fund programmes. One of the main challenges in obtaining accurate statistics is the lack of a widely accepted clear definition for disabilities. States parties are encouraged to establish an appropriate definition that guarantees the inclusion of all children with disabilities so that children with disabilities may benefit from the special protection and programmes developed for them. Extra efforts are often needed to collect data on children with disabilities because they are often hidden by their parents or others caring for the child.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0020","docId":"crc-c-gc-9-corr-1","idx":20,"n":20,"text":"Allocation of budget: in the light of article 4 “…States parties shall undertake such measures to the maximum extent of their available resources…”. Although the Convention does not make a specific recommendation regarding the most appropriate percentage of the State budget that should be dedicated to services and programmes for children, it does insist that children should be a priority. The implementation of this right has been a concern to the Committee since many States parties not only do not allocate sufficient resources but have also reduced the budget allocated to children over the years. This trend has many serious implications especially for children with disabilities who often rank quite low, or even not at all, on priority lists. For example, if a State party is failing to allocate sufficient funds to ensure compulsory and free quality education for all children, it will be unlikely to allocate funds to train teachers for children with disabilities or to provide for the necessary teaching aids and transportation for children with disabilities. Decentralization and privatization of services are now means of economic reform. However, it should not be forgotten that it is the State Party’s ultimate responsibility to oversee that adequate funds are allocated to children with disabilities along with strict guidelines for service delivery. Resources allocated to children with disabilities should be sufficient --and earmarked so that they are not used for other purposes-- to cover all their needs, including programmes established for training professionals working with children with disabilities such as teachers, physiotherapists and policymakers; education campaigns; financial support for families; income maintenance; social security; assistive devices; and related services. Furthermore, funding must also be ensured for other programmes aimed at including children with disabilities into mainstream education, inter alia by renovating schools to render them physically accessible to children with disabilities.","labels":["Children","Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0021","docId":"crc-c-gc-9-corr-1","idx":21,"n":21,"text":"Services for children with disabilities are often delivered by various governmental and non-governmental institutions, and more often than not, these services are fragmented and not coordinated which result in overlapping of functions and gaps in provisions. Therefore, the setting up of an appropriate coordinating mechanism becomes essential. This body should be multisectoral, including all organizations public or private. It must be empowered and supported from the highest possible levels of Government to allow it to function at its full potential. A coordination body for children with disabilities, as part of a broader coordination system for the rights of the child or a national coordination system for persons with disabilities, would have the advantage of working within an already established system, provided this system is functioning adequately and capable of devoting the adequate financial and human resources necessary. On the other hand, a separate coordination system may help to focus attention on children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0022","docId":"crc-c-gc-9-corr-1","idx":22,"n":22,"text":"In order to make information among States parties freely accessible and to cultivate an atmosphere of knowledge-sharing concerning, inter alia, the management and rehabilitation of children with disabilities, States parties should recognize the importance of international cooperation and technical assistance. Particular attention should be paid to developing countries that need assistance in setting up and/or funding programmes that protect and promote the rights of children with disabilities. These countries are experiencing increasing difficulties in mobilizing the adequate resources to meet the pressing needs of persons with disabilities and would urgently need assistance in the prevention of disability, the provision of services and rehabilitation, and in the equalization of opportunities. However, in order to respond to these growing needs, the international community should explore new ways and means of raising funds, including substantial increase of resources, and take the necessary follow-up measures for mobilizing resources. Therefore, voluntary contributions from Governments, increased regional and bilateral assistance as well as contributions from private sources should also be encouraged. UNICEF and the World Health Organization (WHO) have been instrumental in helping developing countries set up and implement specific programmes for children with disabilities. The process of knowledge exchange is also valuable in sharing updated medical knowledge and good practices, such as early identification and community-based approaches to early intervention and support to families, and addressing common challenges.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0023","docId":"crc-c-gc-9-corr-1","idx":23,"n":23,"text":"Countries that have endured, or continue to endure, internal or foreign conflict, during which land mines were laid, face a particular challenge. States parties are often not privy to plans of the sites where the land mines and unexploded ordnance were planted and the cost of mine clearance is very high. The Committee emphasizes the importance of international cooperation in accordance with the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, in order to prevent injuries and deaths caused by landmines and unexploded ordnance that remain in place. In this regard the Committee recommends that States parties closely cooperate with a view to completely removing all landmines and unexploded ordnance in areas of armed conflict and/or previous armed conflict.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0024","docId":"crc-c-gc-9-corr-1","idx":24,"n":24,"text":"Both the Convention and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities recognize the importance of the establishment of an appropriate monitoring system . The Committee has very often referred to “the Paris Principles” (A/RES/48/134) as the guidelines which national human rights institutions should follow (see the Committee’s general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child). National human rights institutions can take many shapes or forms such as an Ombudsman or a Commissioner and may be broad-based or specific. Whatever mechanism is chosen, it must be: (a) Independent and provided with adequate human and financial resources; (b) Well known to children with disabilities and their caregivers; (c) Accessible not only in the physical sense but also in a way that allows children with disabilities to send in their complaints or issues easily and confidentially; and (d) It must have the appropriate legal authority to receive, investigate and address the complaints of children with disabilities in a manner sensitive to both their childhood and to their disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0025","docId":"crc-c-gc-9-corr-1","idx":25,"n":25,"text":"Although caring for children with disabilities is an obligation of the State, NGOs often carry out these responsibilities without the appropriate support, funding or recognition from Governments. States parties are therefore encouraged to support and cooperate with NGOs enabling them to participate in the provision of services for children with disabilities and to ensure that they operate in full compliance with the provisions and principles of the Convention. In this regard the Committee draws the attention of States parties to the recommendations adopted on its day of general discussion on the private sector as a service provider, held on 20 September 2002 (CRC/C/121, paras. 630-653).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0026","docId":"crc-c-gc-9-corr-1","idx":26,"n":26,"text":"Knowledge of the Convention and its specific provisions devoted to children with disabilities is a necessary and powerful tool to ensure the realization of these rights. States parties are encouraged to disseminate knowledge by, inter alia, conducting systematic awareness-raising campaigns, producing appropriate material, such as a child friendly version of the Convention in print and Braille, and using the mass media to foster positive attitudes towards children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0027","docId":"crc-c-gc-9-corr-1","idx":27,"n":27,"text":"As for professionals working with and for children with disabilities, training programmes must include targeted and focused education on the rights of children with disabilities as a prerequisite for qualification. These professionals include but are not limited to policymakers, judges, lawyers, law enforcement officers, educators, health workers, social workers and media staff among others.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0028","docId":"crc-c-gc-9-corr-1","idx":28,"n":28,"text":"See paragraphs 8-10 above.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0029","docId":"crc-c-gc-9-corr-1","idx":29,"n":29,"text":"“In all actions concerning children…the best interests of the child shall be a primary consideration”. The broad nature of this article aims at covering all aspects of care and protection for children in all settings. It addresses legislators who are entrusted with setting the legal framework for protecting the rights of children with disabilities as well as the decisions-making processes concerning children with disabilities. Article 3 should be the basis on which programmes and policies are set and it should be duly taken into account in every service provided for children with disabilities and any other action affecting them.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0030","docId":"crc-c-gc-9-corr-1","idx":30,"n":30,"text":"The best interests of the child is of particular relevance in institutions and other facilities that provide services for children with disabilities as they are expected to conform to standards and regulations and should have the safety, protection and care of children as their primary consideration, and this consideration should outweigh any other and under all circumstances, for example, when allocating budgets.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0031","docId":"crc-c-gc-9-corr-1","idx":31,"n":31,"text":"The inherent right to life, survival and development is a right that warrants particular attention where children with disabilities are concerned. In many countries of the world children with disabilities are subject to a variety of practices that completely or partially compromise this right. In addition to being more vulnerable to infanticide, some cultures view a child with any form of disability as a bad omen that may “tarnish the family pedigree” and, accordingly, a certain designated individual from the community systematically kills children with disabilities. These crimes often go unpunished or perpetrators receive reduced sentences. States parties are urged to undertake all the necessary measures required to put an end to these practices, including raising public awareness, setting up appropriate legislation and enforcing laws that ensure appropriate punishment to all those who directly or indirectly violate the right to life, survival and development of children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0032","docId":"crc-c-gc-9-corr-1","idx":32,"n":32,"text":"More often than not, adults with and without disabilities make policies and decisions related to children with disabilities while the children themselves are left out of the process. It is essential that children with disabilities be heard in all procedures affecting them and that their views be respected in accordance with their evolving capacities. In order for this principle to be respected, children should be represented in various bodies such as parliament, committees and other forums where they may voice views and participate in the making of decisions that affect them as children in general and as children with disabilities specifically. Engaging children in such a process not only ensures that the policies are targeted to their needs and desires, but also functions as a valuable tool for inclusion since it ensures that the decision-making process is a participatory one. Children should be provided with whatever mode of communication they need to facilitate expressing their views. Furthermore, States parties should support the training for families and professionals on promoting and respecting the evolving capacities of children to take increasing responsibilities for decision-making in their own lives.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0033","docId":"crc-c-gc-9-corr-1","idx":33,"n":33,"text":"Children with disabilities often require special services in health and education to allow them to achieve their fullest potential and these are further discussed in the relevant paragraphs below. However it should be noted that spiritual, emotional and cultural development and well-being of children with disabilities are very often overlooked. Their participation in events and activities catering to these essential aspects of any child’s life is either totally lacking or minimal. Furthermore, when their participation is invited, it is often limited to activities specifically designed for and targeted at children with disabilities. This practice only leads to further marginalization of children with disabilities and increases their feelings of isolation. Programmes and activities designed for the child’s cultural development and spiritual well-being should involve and cater to both children with and without disabilities in an integrated and participatory fashion.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0034","docId":"crc-c-gc-9-corr-1","idx":34,"n":34,"text":"The right to name and nationality, preservation of identity, freedom of expression, freedom of thought, conscience and religion, freedom of association and peaceful assembly, the right to privacy and the right not to be subjected to torture or other cruel inhuman or degrading treatment or punishment and not to be unlawfully deprived of liberty are all universal civil rights and freedoms which must be respected, protected and promoted for all, including children with disabilities. Particular attention should be paid here on areas where the rights of children with disabilities are more likely to be violated or where special programmes are needed for their protection.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0035","docId":"crc-c-gc-9-corr-1","idx":35,"n":35,"text":"Children with disabilities are disproportionately vulnerable to non-registration at birth. Without birth registration they are not recognized by law and become invisible in government statistics. Non-registration has profound consequences for the enjoyment of their human rights, including the lack of citizenship and access to social and health services and to education. Children with disabilities who are not registered at birth are at greater risk of neglect, institutionalization, and even death.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0036","docId":"crc-c-gc-9-corr-1","idx":36,"n":36,"text":"In the light of article 7 of the Convention, the Committee recommends that States parties adopt all appropriate measures to ensure the registration of children with disabilities at birth. Such measures should include developing and implementing an effective system of birth registration, waiving registration fees, introducing mobile registration offices and, for children who are not yet registered, providing registration units in schools. In this context, States parties should ensure that the provisions of article 7 are fully enforced in conformity with the principles of non-discrimination (art. 2) and of the best interests of the child (art. 3).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"},{"treaty":"CRC","article":"7","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0037","docId":"crc-c-gc-9-corr-1","idx":37,"n":37,"text":"Access to information and means of communication, including information and communication technologies and systems, enables children with disabilities to live independently and participate fully in all aspects of life. Children with disabilities and their caregivers should have access to information concerning their disabilities so that they can be adequately educated on the disability, including its causes, management and prognosis. This knowledge is extremely valuable as it does not only enable them to adjust and live better with their disabilities, but also allows them to be more involved in and to make informed decisions about their own care. Children with disabilities should also be provided with the appropriate technology and other services and/or languages, e.g. Braille and sign language, which would enable them to have access to all forms of media, including television, radio and printed material as well as new information and communication technologies and systems, such as the Internet.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0038","docId":"crc-c-gc-9-corr-1","idx":38,"n":38,"text":"On the other hand, States parties are required to protect all children, including children with disabilities from harmful information, especially pornographic material and material that promotes xenophobia or any other form of discrimination and could potentially reinforce prejudices.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0039","docId":"crc-c-gc-9-corr-1","idx":39,"n":39,"text":"The physical inaccessibility of public transportation and other facilities, including governmental buildings, shopping areas, recreational facilities among others, is a major factor in the marginalization and exclusion of children with disabilities and markedly compromises their access to services, including health and education. Although this provision may be mostly realized in developed countries, it remains largely un-addressed in the developing world. All States parties are urged to set out appropriate policies and procedures to make public transportation safe, easily accessible to children with disabilities, and free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0040","docId":"crc-c-gc-9-corr-1","idx":40,"n":40,"text":"All new public buildings should comply with international specifications for access of persons with disabilities and existing public buildings, including schools, health facilities, governmental buildings, shopping areas, undergo necessary alterations that make them as accessible as possible.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0041","docId":"crc-c-gc-9-corr-1","idx":41,"n":41,"text":"Children with disabilities are best cared for and nurtured within their own family environment provided that the family is adequately provided for in all aspects. Such support to families includes education of parent/s and siblings, not only on the disability and its causes but also on each child’s unique physical and mental requirements; psychological support that is sensitive to the stress and difficulties imposed on families of children with disabilities; education on the family’s common language, for example sign language, so that parents and siblings can communicate with family members with disabilities; material support in the form of special allowances as well as consumable supplies and necessary equipment, such as special furniture and mobility devices that is deemed necessary for the child with a disability to live a dignified, self-reliant lifestyle, and be fully included in the family and community. In this context, support should also be extended to children who are affected by the disabilities of their caregivers. For example, a child living with a parent or other caregiver with disabilities should receive the support that would protect fully his or her rights and allow him or her to continue to live with this parent whenever it is in his or her best interests. Support services should also include different forms of respite care, such as care assistance in the home and day-care facilities directly accessible at community level. Such services enable parents to work, as well as relieve stress and maintain healthy family environments.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0042","docId":"crc-c-gc-9-corr-1","idx":42,"n":42,"text":"Children with disabilities are more vulnerable to all forms of abuse be it mental, physical or sexual in all settings, including the family, schools, private and public institutions, inter alia alternative care, work environment and community at large. It is often quoted that children with disabilities are five times more likely to be victims of abuse. In the home and in institutions, children with disabilities are often subjected to mental and physical violence and sexual abuse, and they are also particularly vulnerable to neglect and negligent treatment since they often present an extra physical and financial burden on the family. In addition, the lack of access to a functional complaint receiving and monitoring mechanism is conducive to systematic and continuing abuse. School bullying is a particular form of violence that children are exposed to and more often than not, this form of abuse targets children with disabilities. Their particular vulnerability may be explained inter alia by the following main reasons: (a) Their inability to hear, move, and dress, toilet, and bath independently increases their vulnerability to intrusive personal care or abuse; (b) Living in isolation from parents, siblings, extended family and friends increases the likelihood of abuse; (c) Should they have communication or intellectual impairments, they may be ignored, disbelieved or misunderstood should they complain about abuse; (d) Parents or others taking care of the child may be under considerable pressure or stress because of physical, financial and emotional issues in caring for their child. Studies indicate that those under stress may be more likely to commit abuse; (e) Children with disabilities are often wrongly perceived as being non-sexual and not having an understanding of their own bodies and, therefore, they can be targets of abusive people, particularly those who base abuse on sexuality.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0043","docId":"crc-c-gc-9-corr-1","idx":43,"n":43,"text":"In addressing the issue of violence and abuse, States parties are urged to take all necessary measures for the prevention of abuse of and violence against children with disabilities, such as: (a) Train and educate parents or others caring for the child to understand the risks and detect the signs of abuse of the child; (b) Ensure that parents are vigilant about choosing caregivers and facilities for their children and improve their ability to detect abuse; (c) Provide and encourage support groups for parents, siblings and others taking care of the child to assist them in caring for their children and coping with their disabilities; (d) Ensure that children and caregivers know that the child is entitled as a matter of right to be treated with dignity and respect and they have the right to complain to appropriate authorities if those rights are breached; (e) Ensure that schools take all measures to combat school bullying and pay particular attention to children with disabilities providing them with the necessary protection while maintaining their inclusion into the mainstream education system; (f) Ensure that institutions providing care for children with disabilities are staffed with specially trained personnel, subject to appropriate standards, regularly monitored and evaluated, and have accessible and sensitive complaint mechanisms; (g) Establish an accessible, child-sensitive complaint mechanism and a functioning monitoring system based on the Paris Principles (see paragraph 24 above); (h) Take all necessary legislative measures required to punish and remove perpetrators from the home ensuring that the child is not deprived of his or her family and continue to live in a safe and healthy environment; (i) Ensure the treatment and re-integration of victims of abuse and violence with a special focus on their overall recovery programmes.","labels":["Children","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0044","docId":"crc-c-gc-9-corr-1","idx":44,"n":44,"text":"In this context the Committee would also like to draw States parties’ attention to the report of the independent expert for the United Nations study on violence against children (A/61/299) which refers to children with disabilities as a group of children especially vulnerable to violence. The Committee encourages States parties to take all appropriate measures to implement the overarching recommendations and setting-specific recommendations contained in this report.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0045","docId":"crc-c-gc-9-corr-1","idx":45,"n":45,"text":"The role of the extended family, which is still a main pillar of childcare in many communities and is considered one of the best alternatives for childcare, should be strengthened and empowered to support the child and his or her parents or others taking care of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0046","docId":"crc-c-gc-9-corr-1","idx":46,"n":46,"text":"Recognizing that the foster family is an accepted and practiced form of alternative care in many States parties, it is nevertheless a fact that many foster families are reluctant to take on the care of a child with disability as children with disabilities often pose a challenge in the extra care they may need and the special requirements in their physical, psychological and mental upbringing. Organizations that are responsible for foster placement of children must, therefore, conduct the necessary training and encouragement of suitable families and provide the support that will allow the foster family to appropriately take care of the child with disability.","labels":["Children","Persons with disabilities","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0047","docId":"crc-c-gc-9-corr-1","idx":47,"n":47,"text":"The Committee has often expressed its concern at the high number of children with disabilities placed in institutions and that institutionalization is the preferred placement option in many countries. The quality of care provided, whether educational, medical or rehabilitative, is often much inferior to the standards necessary for the care of children with disabilities either because of lack of identified standards or lack of implementation and monitoring of these standards. Institutions are also a particular setting where children with disabilities are more vulnerable to mental, physical, sexual and other forms of abuse as well as neglect and negligent treatment (see paragraphs 42-44 above). The Committee therefore urges States parties to use the placement in institution only as a measure of last resort, when it is absolutely necessary and in the best interests of the child. It recommends that the States parties prevent the use of placement in institution merely with the goal of limiting the child’s liberty or freedom of movement. In addition, attention should be paid to transforming existing institutions, with a focus on small residential care facilities organized around the rights and needs of the child, to developing national standards for care in institutions, and to establishing rigorous screening and monitoring procedures to ensure effective implementation of these standards.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0048","docId":"crc-c-gc-9-corr-1","idx":48,"n":48,"text":"The Committee is concerned at the fact that children with disabilities are not often heard in separation and placement processes. In general, decision-making processes do not attach enough weight to children as partners even though these decisions have a far-reaching impact on the child’s life and future. Therefore, the Committee recommends that States parties continue and strengthen their efforts to take into consideration the views of children with disabilities and facilitate their participation in all matters affecting them within the evaluation, separation and placement process in out-of-home care, and during the transition process. The Committee also emphasizes that children should be heard throughout the protection measure process, before making the decision as well as during and after its implementation. In this context, the Committee draws the attention of the States parties to the Committee’s recommendations adopted on its day of general discussion on children without parental care, held on 16 September 2005 (CRC/C/153, paragraphs 636-689).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0049","docId":"crc-c-gc-9-corr-1","idx":49,"n":49,"text":"In addressing institutionalization, States parties are therefore urged to set up programmes for de-institutionalization of children with disabilities, re-placing them with their families, extended families or foster care system. Parents and other extended family members should be provided with the necessary and systematic support/training for including their child back into their home environment.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0050","docId":"crc-c-gc-9-corr-1","idx":50,"n":50,"text":"Whatever form of placement chosen for children with disabilities by the competent authorities, it is essential that a periodic review of the treatment provided to the child, and all other circumstances relevant to his or her placement, is carried out to monitor his or her well being.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0051","docId":"crc-c-gc-9-corr-1","idx":51,"n":51,"text":"Attainment of the highest possible standard of health as well as access and affordability of quality healthcare is an inherent right for all children. Children with disabilities are often left out because of several challenges, including discrimination, inaccessibility due to the lack of information and/or financial resources, transportation, geographic distribution and physical access to health care facilities. Another factor is the absence of targeted health care programmes that address the specific needs of children with disabilities. Health policies should be comprehensive and address early detection of disabilities, early intervention, including psychological and physical treatment, rehabilitation including physical aids, for example limb prosthesis, mobility devices, hearing aids and visual aids.","labels":["Children","Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0052","docId":"crc-c-gc-9-corr-1","idx":52,"n":52,"text":"It is important to emphasize that health services should be provided within the same public health system that provides for children with no disabilities, free of charge, whenever possible, and as updated and modernized as possible. The importance of community-based assistance and rehabilitation strategies should be emphasized when providing health services for children with disabilities. States parties must ensure that health professionals working with children with disabilities are trained to the highest possible standard and practice based on a child-centred approach. In this respect, many States parties would greatly benefit from international cooperation with international organizations as well as other States parties.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0053","docId":"crc-c-gc-9-corr-1","idx":53,"n":53,"text":"Causes of disabilities are multiple and, therefore, the quality and level of prevention vary. Inherited diseases that often cause disabilities can be prevented in some societies that practice consanguineous marriages and under such circumstances public awareness and appropriate pre-conception testing would be recommended. Communicable diseases are still the cause of many disabilities around the world and immunization programmes need to be stepped up aiming to achieve universal immunization against all preventable communicable diseases. Poor nutrition has a long-term impact upon children’s development and it can lead to disabilities, such as blindness caused by Vitamin A deficiency. The Committee recommends that States parties introduce and strengthen prenatal care for children and ensure adequate quality of the assistance given during the delivery. It also recommends that States parties provide adequate post-natal health-care services and develop campaigns to inform parents and others caring for the child about basic child healthcare and nutrition. In this regard, the Committee also recommends that the States parties continue to cooperate and seek technical assistance with, among others, WHO and UNICEF.","labels":["Children","Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0054","docId":"crc-c-gc-9-corr-1","idx":54,"n":54,"text":"Domestic and road traffic accidents are a major cause of disability in some countries and policies of prevention need to be established and implemented such as the laws on seat belts and traffic safety. Lifestyle issues, such as alcohol and drug abuse during pregnancy, are also preventable causes of disabilities and in some countries the fetal alcohol syndrome presents a major cause for concern. Public education, identification and support for pregnant mothers who may be abusing such substances are just some of the measures that may be taken to prevent such causes of disability among children. Hazardous environment toxins also contribute to the causes of many disabilities. Toxins, such as lead, mercury, asbestos, etc., are commonly found in most countries. Countries should establish and implement policies to prevent dumping of hazardous materials and other means of polluting the environment. Furthermore, strict guidelines and safeguards should also be established to prevent radiation accidents.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0055","docId":"crc-c-gc-9-corr-1","idx":55,"n":55,"text":"Armed conflicts and their aftermath, including availability and accessibility of small arms and light weapons, are also major causes of disabilities. States parties are obliged to take all necessary measures to protect children from the detrimental effects of war and armed violence and to ensure that children affected by armed conflict have access to adequate health and social services, including psychosocial recovery and social reintegration. In particular, the Committee stresses the importance of educating children, parents and the public at large about the dangers of landmines and unexploded ordnance in order to prevent injury and death. It is crucial that States parties continue to locate landmines and unexploded ordnance, take measures to keep children away from suspected areas, and strengthen their mine clearance activities and, when appropriate, seek the necessary technical and financial support within a framework of international cooperation, including from United Nations agencies. (See also paragraph 23 above on landmines and unexploded ordnance and paragraph 78 below on armed conflicts under special protection measures).","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0056","docId":"crc-c-gc-9-corr-1","idx":56,"n":56,"text":"Very often, disabilities are detected quite late in the child’s life, which deprives him or her of effective treatment and rehabilitation. Early identification requires high awareness among health professionals, parents, teachers as well as other professionals working with children. They should be able to identify the earliest signs of disability and make the appropriate referrals for diagnosis and management. Therefore, the Committee recommends that States parties establish systems of early identification and early intervention as part of their health services, together with birth registration and procedures for following the progress of children identified with disabilities at an early age. Services should be both community- and home-based, and easy to access. Furthermore, links should be established between early intervention services, pre-schools and schools to facilitate the smooth transition of the child.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0057","docId":"crc-c-gc-9-corr-1","idx":57,"n":57,"text":"Following identification, the systems in place must be capable of early intervention including treatment and rehabilitation providing all necessary devices that enable children with disabilities to achieve their full functional capacity in terms of mobility, hearing aids, visual aids, and prosthetics among others. It should also be emphasized that these provisions should be offered free of cost, whenever possible, and the process of acquiring such services should be efficient and simple avoiding long waits and bureaucracies.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0058","docId":"crc-c-gc-9-corr-1","idx":58,"n":58,"text":"Children with disabilities very often have multiple health issues that need to be addressed in a team approach. Very often, many professionals are involved in the care of the child, such as neurologists, psychologists, psychiatrists, orthopaedic surgeons and physiotherapists among others. Ideally these professionals should collectively identify a plan of management for the child with disability that would ensure the most efficient healthcare is provided.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0059","docId":"crc-c-gc-9-corr-1","idx":59,"n":59,"text":"The Committee notes that children with disabilities are, particularly during their adolescence, facing multiple challenges and risks in the area of establishing relationships with peers and reproductive health. Therefore, the Committee recommends that States parties provide adolescents with disabilities with adequate, and where appropriate, disability specific information, guidance and counselling and fully take into account the Committee’s general comments No. 3 (2003) on HIV/AIDS and the rights of the child and No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0060","docId":"crc-c-gc-9-corr-1","idx":60,"n":60,"text":"The Committee is deeply concerned about the prevailing practice of forced sterilisation of children with disabilities, particularly girls with disabilities. This practice, which still exists, seriously violates the right of the child to her or his physical integrity and results in adverse life-long physical and mental health effects. Therefore, the Committee urges States parties to prohibit by law the forced sterilisation of children on grounds of disability.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0061","docId":"crc-c-gc-9-corr-1","idx":61,"n":61,"text":"Causes, prevention and management of disabilities do not receive the much needed attention on national and international research agendas. States parties are encouraged to award this issue priority status ensuring funding and monitoring of disability focused research paying particular attention to ethical implications.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0062","docId":"crc-c-gc-9-corr-1","idx":62,"n":62,"text":"Children with disabilities have the same right to education as all other children and shall enjoy this right without any discrimination and on the basis of equal opportunity as stipulated in the Convention . For this purpose, effective access of children with disabilities to education has to be ensured to promote “the development of the child’s personality, talents and mental and physical abilities to their fullest potential (see articles 28 and 29 of the Convention and the Committee’s general comment No. 1 (2001) on the aims of education). The Convention recognizes the need for modification to school practices and for training of regular teachers to prepare them to teach children with diverse abilities and ensure that they achieve positive educational outcomes.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0063","docId":"crc-c-gc-9-corr-1","idx":63,"n":63,"text":"As children with disabilities are very different from each other, parents, teachers and other specialized professionals have to help each individual child to develop his or her ways and skills of communication, language, interaction, orientation and problem-solving which best fit the potential of this child. Everybody, who furthers the child’s skills, abilities and self-development, has to precisely observe the child’s progress and carefully listen to the child’s verbal and emotional communication in order to support education and development in a well-targeted and most appropriate manner.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0064","docId":"crc-c-gc-9-corr-1","idx":64,"n":64,"text":"It is crucial that the education of a child with disability includes the strengthening of positive self-awareness, making sure that the child feels he or she is respected by others as a human being without any limitation of dignity. The child must be able to observe that others respect him or her and recognize his or her human rights and freedoms. Inclusion of the child with disability in the groups of children of the classroom can show the child that he or she has recognized identity and belongs to the community of learners, peers, and citizens. Peer support enhancing self-esteem of children with disabilities should be more widely recognized and promoted. Education also has to provide the child with empowering experience of control, achievement, and success to the maximum extent possible for the child.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0065","docId":"crc-c-gc-9-corr-1","idx":65,"n":65,"text":"Early childhood education is of particular relevance for children with disabilities as often their disabilities and special needs are first recognized in these institutions. Early intervention is of utmost importance to help children to develop their full potential. If a child is identified as having a disability or developmental delay at an early stage, the child has much better opportunities to benefit from early childhood education which should be designed to respond to her or his individual needs. Early childhood education provided by the State, the community or civil society institutions can provide important assistance to the well-being and development of all children with disabilities (see the Committee’s general comment No. 7 (2005) on implementing child rights in early childhood). Primary education, including primary school and, in many States parties, also secondary school, has to be provided for children with disabilities free of costs. All schools should be without communicational barriers as well as physical barriers impeding the access of children with reduced mobility. Also higher education, accessible on the basis of capacities, has to be accessible for qualified adolescents with disabilities. In order to fully exercise their right to education, many children need personal assistance, in particular, teachers trained in methodology and techniques, including appropriate languages, and other forms of communication, for teaching children with a diverse range of abilities capable of using child-centred and individualised teaching strategies, and appropriate and accessible teaching materials, equipment and assistive devices, which States parties should provide to the maximum extent of available resources.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0066","docId":"crc-c-gc-9-corr-1","idx":66,"n":66,"text":"Inclusive education should be the goal of educating children with disabilities. The manner and form of inclusion must be dictated by the individual educational needs of the child, since the education of some children with disabilities requires a kind of support which may not be readily available in the regular school system. The Committee notes the explicit commitment towards the goal of inclusive education contained in the draft convention on the rights of persons with disabilities and the obligation for States to ensure that persons including children with disabilities are not excluded from the general education system on the basis of disability and that they receive the support required, within the general education system, to facilitate their effective education. It encourages States parties which have not yet begun a programme towards inclusion to introduce the necessary measures to achieve this goal. However, the Committee underlines that the extent of inclusion within the general education system may vary. A continuum of services and programme options must be maintained in circumstances where fully inclusive education is not feasible to achieve in the immediate future.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0067","docId":"crc-c-gc-9-corr-1","idx":67,"n":67,"text":"The movement towards inclusive education has received much support in recent years. However, the term inclusive may have different meanings. At its core, inclusive education is a set of values, principles and practices that seeks meaningful, effective, and quality education for all students, that does justice to the diversity of learning conditions and requirements not only of children with disabilities, but for all students. This goal can be achieved by different organizational means which respect the diversity of children. Inclusion may range from full-time placement of all students with disabilities into one regular classroom or placement into the regular class room with varying degree of inclusion, including a certain portion of special education. It is important to understand that inclusion should not be understood nor practiced as simply integrating children with disabilities into the regular system regardless of their challenges and needs. Close cooperation among special educators and regular educators is essential. Schools’ curricula must be re-evaluated and developed to meet the needs of children with and without disabilities. Modification in training programmes for teachers and other personnel involved in the educational system must be achieved in order to fully implement the philosophy of inclusive education.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0068","docId":"crc-c-gc-9-corr-1","idx":68,"n":68,"text":"Education for career development and transition is for all persons with disabilities regardless of their age. It is imperative to begin preparation at an early age because career development is seen as a process that begins early and continues throughout life. Developing career awareness and vocational skills as early as possible, beginning in the elementary school, enables children to make better choices later in life in terms of employment. Career education in the elementary school does not mean using young children to perform labour that ultimately opens the door for economic exploitation. It begins with students choosing goals according to their evolving capacities in the early years. It should then be followed by a functional secondary school curriculum that offers adequate skills and access to work experience, under systematic coordination and monitoring between the school and the work place.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0069","docId":"crc-c-gc-9-corr-1","idx":69,"n":69,"text":"Career development and vocational skills should be included in the school curriculum. Career awareness and vocational skills should be incorporated into the years of compulsory education. In countries where compulsory education does not go beyond the elementary school years, vocational training beyond elementary school should be mandatory for children with disabilities. Governments must establish policies and allocate sufficient funds for vocational training.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0070","docId":"crc-c-gc-9-corr-1","idx":70,"n":70,"text":"The Convention stipulates in article 31 the right of the child to recreation and cultural activities appropriate to the age of the child. This article should be interpreted to include mental, psychological as well as the physical ages and capabilities of the child. Play has been recognized as the best source of learning various skills, including social skills. The attainment of full inclusion of children with disabilities in the society is realized when children are given the opportunity, places, and time to play with each other (children with disabilities and no disabilities). Training for recreation, leisure and play should be included for school-aged children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0071","docId":"crc-c-gc-9-corr-1","idx":71,"n":71,"text":"Children with disabilities should be provided with equal opportunities to participate in various cultural and arts activities as well as sports. These activities must be viewed as both medium of expression and medium of realizing self-satisfying, quality of life.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0072","docId":"crc-c-gc-9-corr-1","idx":72,"n":72,"text":"Competitive and non-competitive sports activities must be designed to include children with disabilities in an inclusive manner, whenever possible. That is to say, a child with a disability who is able to compete with children with no disability should be encouraged and supported to do so. But sports are an area where, because of the physical demands of the sport, children with disabilities will often need to have exclusive games and activities where they can compete fairly and safely. It must be emphasized though that when such exclusive events take place, the media must play its role responsibly by giving the same attention as it does to sports for children with no disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0073","docId":"crc-c-gc-9-corr-1","idx":73,"n":73,"text":"In the light of article 2 States parties have the obligation to ensure that children with disabilities who are in conflict with the law (as described in article 40, paragraph 1) will be protected not only by the provisions of the Convention which specifically relate to juvenile justice (arts. 40, 37 and 39) but by all other relevant provisions and guarantees contained in the Convention, for example in the area of health care and education. In addition, States parties should take where necessary specific measures to ensure that children with disabilities de facto are protected by and do benefit from the rights mentioned above.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0074","docId":"crc-c-gc-9-corr-1","idx":74,"n":74,"text":"With reference to the rights enshrined in article 23 and given the high level of vulnerability of children with disabilities, the Committee recommends – in addition to the general recommendation made in paragraph 73 above – that the following elements of the treatment of children with disabilities (allegedly) in conflict with the law be taken into account: (a) A child with disability who comes in conflict with the law should be interviewed using appropriate languages and otherwise dealt with by professionals such as police officers, attorneys/advocates/social workers, prosecutors and/or judges, who have received proper training in this regard; (b) Governments should develop and implement alternative measures with a variety and a flexibility that allow for an adjustment of the measure to the individual capacities and abilities of the child in order to avoid the use of judicial proceedings. Children with disabilities in conflict with the law should be dealt with as much as possible without resorting to formal/legal procedures. Such procedures should only be considered when necessary in the interest of public order. In those cases special efforts have to be made to inform the child about the juvenile justice procedure and his or her rights therein; (c) Children with disabilities in conflict with the law should not be placed in a regular juvenile detention centre by way of pre-trial detention nor by way of a punishment. Deprivation of liberty should only be applied if necessary with a view to providing the child with adequate treatment for addressing his or her problems which have resulted in the commission of a crime and the child should be placed in an institution that has the specially trained staff and other facilities to provide this specific treatment. In making such decisions the competent authority should make sure that the human rights and legal safeguards are fully respected.","labels":["Children","Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0075","docId":"crc-c-gc-9-corr-1","idx":75,"n":75,"text":"Children with disabilities are particularly vulnerable to different forms of economic exploitation, including the worst forms of child labour as well as drug trafficking and begging. In this context, the Committee recommends that States parties which have not yet done so ratify the Convention No. 138 of the International Labour Organization (ILO) concerning the minimum age for admission to employment and ILO Convention No. 182 concerning the prohibition of and immediate action for the elimination of the worst forms of child labour. In the implementation of these conventions States parties should pay special attention to the vulnerability and needs of children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0076","docId":"crc-c-gc-9-corr-1","idx":76,"n":76,"text":"Children with disabilities, specifically physical disabilities, often end up on the streets for a variety of reasons, including economic and social factors. Children with disabilities living and/or working on the streets need to be provided with adequate care, including nutrition, clothing, housing, educational opportunities, life-skills training as well as protection from the different dangers including economic and sexual exploitation. In this regard an individualized approach is necessary which takes full account of the special needs and the capacities of the child. The Committee is particularly concerned that children with disabilities are sometimes exploited for the purpose of begging in the streets or elsewhere; sometimes disabilities are inflicted on children for the purpose of begging. States parties are required to take all necessary actions to prevent this form of exploitation and to explicitly criminalize exploitation in such manner and take effective measures to bring the perpetrators to justice.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0077","docId":"crc-c-gc-9-corr-1","idx":77,"n":77,"text":"The Committee has often expressed grave concern at the growing number of child victims of child prostitution and child pornography. Children with disabilities are more likely than others to become victims of these serious crimes. Governments are urged to ratify and implement the Optional Protocol on the sale of children, child prostitution and child pornography (OPSC) and, in fulfilling their obligations to the Optional Protocol, States parties should pay particular attention to the protection of children with disabilities recognizing their particular vulnerability.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0078","docId":"crc-c-gc-9-corr-1","idx":78,"n":78,"text":"As previously noted above, armed conflicts are a major cause of disabilities whether children are actually involved in the conflict or are victims of combat. In this context, Governments are urged to ratify and implement the Optional Protocol on the involvement of children in armed conflict (OPAC). Special attention should be paid to the recovery and social re-integration of children who suffer disabilities as a result of armed conflicts. Furthermore, the Committee recommends that States parties explicitly exclude children with disabilities from recruitment in armed forces and take the necessary legislative and other measures to fully implement that prohibition.","labels":["Children","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0079","docId":"crc-c-gc-9-corr-1","idx":79,"n":79,"text":"Certain disabilities result directly from the conditions that have led some individuals to become refugees or internally displaced persons, such as human-caused or natural disasters. For example, landmines and unexploded ordnance kill and injure refugee, internally displaced and resident children long after armed conflicts have ceased. Refugee and internally displaced children with disabilities are vulnerable to multiple forms of discrimination, particularly refugee and internally displaced girls with disabilities, who are more often than boys subject to abuse, including sexual abuse, neglect and exploitation. The Committee strongly emphasizes that refugee and internally displaced children with disabilities should be given high priority for special assistance, including preventative assistance, access to adequate health and social services, including psychosocial recovery and social reintegration. The Office of the United Nations High Commissioner for Refugees (UNHCR) has made children a policy priority and adopted several documents to guide its work in that area, including the Guidelines on Refugee Children in 1988, which are incorporated into UNHCR Policy on Refugee Children. The Committee also recommends that States parties take into account the Committee’s general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside of their country of origin.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons with disabilities","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0080","docId":"crc-c-gc-9-corr-1","idx":80,"n":80,"text":"All appropriate and necessary measures undertaken to protect and promote the rights of children with disabilities must include and pay special attention to the particular vulnerability and needs of children belonging to minorities and indigenous children who are more likely to be already marginalized within their communities. Programmes and policies must always be culturally and ethnically sensitive.","labels":["Indigenous peoples","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0001","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":1,"n":1,"text":"The Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child contain legally binding obligations that relate both in general and specifically to the elimination of harmful practices. The Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child have consistently drawn attention to those practices affecting women and children, primarily girls, in the execution of their monitoring mandates. It is by virtue of that overlapping mandate and the shared commitment to prevent, respond to and eliminate harmful practices, wherever and in whichever form they occur, that the Committees decided to develop the present joint general recommendation/general comment.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["I. Introduction"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0002","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":2,"n":2,"text":"The objective of the present joint general recommendation/general comment is to clarify the obligations of States parties to the Conventions by providing authoritative guidance on legislative, policy and other appropriate measures that must be taken to ensure full compliance with their obligations under the Conventions to eliminate harmful practices.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["II. Objective and scope of the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0003","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":3,"n":3,"text":"The Committees acknowledge that harmful practices affect adult women, both directly and/or owing to the long-term impact of practices to which they were subjected as girls. The present joint general recommendation/general comment therefore further elaborates on the obligations of States parties to the Convention on the Elimination of All Forms of Discrimination against Women with regard to the relevant provisions for the elimination of harmful practices that affect the rights of women.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["II. Objective and scope of the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0004","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":4,"n":4,"text":"Moreover, the Committees recognize that boys are also the victims of violence, harmful practices and bias and that their rights must be addressed for their protection and to prevent gender-based violence and the perpetuation of bias and gender inequality later in their lives. Accordingly, reference is made herein to the obligations of States parties to the Convention on the Rights of the Child regarding harmful practices stemming from discrimination that affect boys’ enjoyment of their rights.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["II. Objective and scope of the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0005","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":5,"n":5,"text":"5. The present joint general recommendation/general comment should be read in conjunction with the relevant general recommendations and general comments issued by the Committees, in particular general recommendation No. 19 (1992) on violence against women, of the Committee on the Elimination of Discrimination against Women, and general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, of the Committee on the Rights of the Child. The content of general recommendation No. 14 (1990) on female circumcision, of the Committee on the Elimination of Discrimination against Women, is updated by the present joint general recommendation/general comment.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["II. Objective and scope of the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0006","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":6,"n":6,"text":"6. The Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child consistently note that harmful practices are deeply rooted in social attitudes according to which women and girls are regarded as inferior to men and boys based on stereotyped roles. They also highlight the gender dimension of violence and indicate that sex- and gender-based attitudes and stereotypes, power imbalances, inequalities and discrimination perpetuate the widespread existence of practices that often involve violence or coercion. It is also important to recall that the Committees are concerned that the practices are also used to justify gender-based violence as a form of “protection” or control of women[[fn:1]] and children in the home or community, at school or in other educational settings and institutions and in wider society. Moreover, the Committees draw States parties’ attention to the fact that sex- and gender-based discrimination intersects with other factors that affect women[[fn:2]] and girls, in particular those who belong to, or are perceived as belonging to, disadvantaged groups, and who are therefore at a higher risk of becoming victims of harmful practices.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":1,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 19 (1992), para. 11; Committee on the Rights of the Child, general comment No. 9 (2006) on the rights of children with disabilities, paras. 8, 10 and 79; and Committee on the Rights of the Child, general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, paras. 8 and 9."},{"n":2,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, para. 18."}],"section":["III. Rationale for the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0007","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":7,"n":7,"text":"7. Harmful practices are therefore grounded in discrimination based on sex, gender and age, among other things, and have often been justified by invoking sociocultural and religious customs and values, in addition to misconceptions relating to some disadvantaged groups of women and children. Overall, harmful practices are often associated with serious forms of violence or are themselves a form of violence against women and children. While the nature and prevalence of the practices vary by region and culture, the most prevalent and well documented are female genital mutilation, child and/or forced marriage, polygamy, crimes committed in the name of so-called honour and dowry-related violence. Given that those practices are frequently raised before both Committees, and in some cases have been demonstrably reduced through legislative and programmatic approaches, they are used herein as key illustrative examples.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["III. Rationale for the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0008","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":8,"n":8,"text":"8. Harmful practices are endemic in a wide variety of communities in most countries. Some are also found in regions or countries in which they had not been previously documented, primarily owing to migration, whereas in other countries where such practices had disappeared they are now re-emerging as a result of such factors as conflict situations.","labels":["Migrants"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["III. Rationale for the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0009","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":9,"n":9,"text":"9. Many other practices having been identified as harmful practices are all strongly connected to and reinforce socially constructed gender roles and systems of patriarchal power relations and sometimes reflect negative perceptions of or discriminatory beliefs regarding certain disadvantaged groups of women and children, including individuals with disabilities or albinism. The practices include, but are not limited to, neglect of girls (linked to the preferential care and treatment of boys), extreme dietary restrictions, including during pregnancy (force-feeding, food taboos), virginity testing and related practices, binding, scarring, branding/infliction of tribal marks, corporal punishment, stoning, violent initiation rites, widowhood practices, accusations of witchcraft, infanticide and incest.[[fn:3]] They also include body modifications that are performed for the purpose of beauty or marriageability of girls and women (such as fattening, isolation, the use of lip discs and neck elongation with neck rings)[[fn:4]] or in an attempt to protect girls from early pregnancy or from being subjected to sexual harassment and violence (such as breast ironing). In addition, many women and children increasingly undergo medical treatment and/or plastic surgery to comply with social norms of the body, rather than for medical or health reasons, and many are also pressured to be fashionably thin, which has resulted in an epidemic of eating and health disorders.","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":3,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation No. 19 (1992), para. 11, and Committee on the Rights of the Child, general comment No. 13 (2011), para. 29."},{"n":4,"text":"See A/61/299, para. 46."}],"section":["III. Rationale for the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0010","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":10,"n":10,"text":"10. Although the issue of harmful practices was less known at the time of drafting of the Conventions, both include provisions that cover harmful practices as human rights violations and oblige States parties to take steps to ensure that they are prevented and eliminated. In addition, the Committees have increasingly tackled the issue when examining States parties’ reports, in the ensuing dialogue with States parties and in their concluding observations. The issue has been further developed by the Committees in their general recommendations and general comments.[[fn:5]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":5,"text":"To date, the Committee on the Elimination of Discrimination against Women has referred to harmful practices in nine of its general recommendations: No. 3 (1987) on education and public information campaigns, No. 14 (1990), No. 19 (1992), No. 21 (1994) on equality in marriage and family relations, No. 24 (1999) on women and health, No. 25 (2004) on temporary special measures, No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, and No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations. The Committee on the Rights of the Child provides a non-exhaustive list of harmful practices in its general comments Nos. 8 (2006) and 13 (2011)."}],"section":["IV. Normative content of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0011","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":11,"n":11,"text":"11. States parties to the Conventions have a duty to comply with their obligations to respect, protect and fulfil the rights of women and children. They also have a due-diligence obligation[[fn:6]] to prevent acts that impair the recognition, enjoyment or exercise of rights by women and children and ensure that private actors do not engage in discrimination against women and girls, including gender-based violence, in relation to the Convention on the Elimination of All Forms of Discrimination against Women, or any form of violence against children, in relation to the Convention on the Rights of the Child.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":6,"text":"Due diligence should be understood as an obligation of States parties to the Conventions to prevent violence or violations of human rights, protect victims and witnesses from violations, investigate and punish those responsible, including private actors, and provide access to redress for human rights violations. See Committee on the Elimination of Discrimination against Women, general recommendations Nos. 19 (1992), para. 9; 28 (2010), para. 13; 30 (2013), para. 15; the views and decisions of the Committee on individual communications and inquiries; and Committee on the Rights of the Child, general comment No. 13 (2011), para. 5."}],"section":["IV. Normative content of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0012","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":12,"n":12,"text":"12. The Conventions outline the obligations of States parties to establish a well-defined legal framework in order to ensure the protection and promotion of human rights. An important first step in doing so is through the incorporation of the instruments into national legal frameworks. Both Committees stress that legislation aimed at eliminating harmful practices must include appropriate budgeting, implementing, monitoring and effective enforcement measures.[[fn:7]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":7,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 38 (a), its concluding observations and Committee on the Rights of the Child, general comment No. 13 (2011), para. 40."}],"section":["IV. Normative content of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0013","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":13,"n":13,"text":"13. Furthermore, the obligation to protect requires States parties to establish legal structures to ensure that harmful practices are promptly, impartially and independently investigated, that there is effective law enforcement and that effective remedies are provided to those who have been harmed by such practices. The Committees call upon States parties to explicitly prohibit by law and adequately sanction or criminalize harmful practices, in accordance with the gravity of the offence and harm caused, provide for means of prevention, protection, recovery, reintegration and redress for victims and combat impunity for harmful practices.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[],"section":["IV. Normative content of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0014","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":14,"n":14,"text":"14. Given that the requirement to effectively address harmful practices is among the core obligations of States parties under the two Conventions, reservations to the relevant articles,[[fn:8]] which have the effect of broadly limiting or qualifying the obligations of States parties to respect, protect and fulfil the rights of women and children to live free from harmful practices, are incompatible with the object and purpose of the two Conventions and impermissible pursuant to article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women and article 51 (2) of the Convention on the Rights of the Child.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["IV. Normative content of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child"],"footnotes":[{"n":8,"text":"Convention on the Elimination of All Forms of Discrimination against Women, arts. 2, 5 and 16, and Convention on the Rights of the Child, arts. 19 and 24 (3)."}],"citedArticles":[{"article":"28","paragraph":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"51","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 51 (2) of the Convention on the Rights of the Child'."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0015","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":15,"n":15,"text":"15. Harmful practices are persistent practices and forms of behaviour that are grounded in discrimination on the basis of, among other things, sex, gender and age, in addition to multiple and/or intersecting forms of discrimination that often involve violence and cause physical and/or psychological harm or suffering. The harm that such practices cause to the victims surpasses the immediate physical and mental consequences and often has the purpose or effect of impairing the recognition, enjoyment and exercise of the human rights and fundamental freedoms of women and children. There is also a negative impact on their dignity, physical, psychosocial and moral integrity and development, participation, health, education and economic and social status. The practices are therefore reflected in the work of both Committees.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["V. Criteria for determining harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0016","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":16,"n":16,"text":"For the purposes of the present joint general recommendation/general comment, practices should meet the following criteria to be regarded as harmful: (a) They constitute a denial of the dignity and/or integrity of the individual and a violation of the human rights and fundamental freedoms enshrined in the two Conventions; (b) They constitute discrimination against women or children and are harmful insofar as they result in negative consequences for them as individuals or groups, including physical, psychological, economic and social harm and/or violence and limitations on their capacity to participate fully in society or develop and reach their full potential; (c) They are traditional, re-emerging or emerging practices that are prescribed and/or kept in place by social norms that perpetuate male dominance and inequality of women and children, on the basis of sex, gender, age and other intersecting factors; (d) They are imposed on women and children by family members, community members or society at large, regardless of whether the victim provides, or is able to provide, full, free and informed consent.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["V. Criteria for determining harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0017","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":17,"n":17,"text":"17. The causes of harmful practices are multidimensional and include stereotyped sex- and gender-based roles, the presumed superiority or inferiority of either of the sexes, attempts to exert control over the bodies and sexuality of women and girls, social inequalities and the prevalence of male-dominated power structures. Efforts to change the practices must address those underlying systemic and structural causes of traditional, re-emerging and emerging harmful practices, empower girls and women and boys and men to contribute to the transformation of traditional cultural attitudes that condone harmful practices, act as agents of such change and strengthen the capacity of communities to support such processes.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0018","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":18,"n":18,"text":"18. The efforts to combat harmful practices notwithstanding, the overall number of women and girls affected remains extremely high and may be increasing, including, for example, in conflict situations and as a result of technological developments such as the widespread use of social media. Through the examination of State parties’ reports, the Committees have noted that there is often continued adherence to harmful practices by members of practising communities who have moved to destination countries through migration or to seek asylum. Social norms and cultural beliefs supporting such harmful practices persist and are at times emphasized by a community in an attempt to preserve its cultural identity in a new environment, in particular in destination countries where gender roles provide women and girls with greater personal freedom.","labels":["Migrants","Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0019","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":19,"n":19,"text":"19. Female genital mutilation, female circumcision or female genital cutting is the practice of partially or wholly removing the external female genitalia or otherwise injuring the female genital organs for non-medical or non-health reasons. In the context of the present joint general recommendation/general comment, it is referred to as female genital mutilation. Female genital mutilation is performed in every region and, within some cultures, is a requirement for marriage and believed to be an effective method of controlling the sexuality of women and girls. It may have various immediate and/or long-term health consequences, including severe pain, shock, infections and complications during childbirth (affecting both the mother and the child), long-term gynaecological problems such as fistula, psychological effects and death. The World Health Organization and the United Nations Children’s Fund estimate that between 100 million and 140 million girls and women worldwide have been subjected to a type of female genital mutilation.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","A. Female genital mutilation"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0020","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":20,"n":20,"text":"20. Child marriage, also referred to as early marriage, is any marriage where at least one of the parties is under 18 years of age. The overwhelming majority of child marriages, both formal and informal, involve girls, although at times their spouses are also under 18 years of age. A child marriage is considered to be a form of forced marriage, given that one or both parties have not expressed full, free and informed consent.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","B. Child and/or forced marriage"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0021","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":21,"n":21,"text":"21. In some contexts, children are betrothed or married very young and, in many cases, young girls are forced to marry men who may be decades older. In 2012, the United Nations Children’s Fund reported that almost 400 million women between 20 and 49 years of age around the world had been married or had entered into a union before reaching 18 years of age.[[fn:9]] The Committees have therefore been paying particular attention to cases in which girls have been married against their full, free and informed consent, such as when they have been married too young to be physically and psychologically ready for adult life or to make conscious and informed decisions and thus not ready to consent to marriage. Other examples include cases in which guardians have the legal authority to consent to marriage of girls in accordance with customary or statutory law and in which girls are thus married contrary to the right to freely enter into marriage.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":9,"text":"See www.apromiserenewed.org."}],"section":["VI. Causes, forms and manifestations of harmful practices","B. Child and/or forced marriage"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0022","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":22,"n":22,"text":"22. Child marriage is often accompanied by early and frequent pregnancy and childbirth, resulting in higher than average maternal morbidity and mortality rates. Pregnancy-related deaths are the leading cause of mortality for girls between 15 and 19 years of age, whether married or unmarried, around the world. Infant mortality among the children of very young mothers is higher (sometimes as much as two times higher) than among those of older mothers. In cases of child and/or forced marriage, in particular where the husband is significantly older than the wife, and where girls have limited education, the girls generally have limited decision-making power in relation to their own lives. Child marriage also contributes to higher rates of school dropout, especially among girls, forced exclusion from school and an increased risk of domestic violence, in addition to limiting the enjoyment of the right to freedom of movement.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","B. Child and/or forced marriage"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0023","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":23,"n":23,"text":"23. Forced marriages are marriages in which one or both parties have not personally expressed their full and free consent to the union. They may be manifested in various forms, including child marriage, as indicated above, exchange or trade-off marriages (e.g. baad and baadal), servile marriages and levirate marriages (coercing a widow to marry a relative of her deceased husband). In some contexts, a forced marriage may occur when a rapist is permitted to escape criminal sanctions by marrying the victim, usually with the consent of her family. Forced marriages may occur in the context of migration in order to ensure that a girl marries within the family’s community of origin or to provide extended family members or others with documents to migrate to and/or live in a particular destination country. Forced marriages are also increasingly being used by armed groups during conflict or may be a means for a girl to escape post-conflict poverty.[[fn:10]] Forced marriage may also be defined as a marriage in which one of the parties is not permitted to end or leave it. Forced marriages often result in girls lacking personal and economic autonomy and attempting to flee or commit self-immolation or suicide to avoid or escape the marriage.","labels":["Migrants","Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":10,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 30 (2013), para. 62."}],"section":["VI. Causes, forms and manifestations of harmful practices","B. Child and/or forced marriage"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0024","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":24,"n":24,"text":"24. The payment of dowries and bride prices, which varies among practising communities, may increase the vulnerability of women and girls to violence and to other harmful practices. The husband or his family members may engage in acts of physical or psychological violence, including murder, burning and acid attacks, for failure to fulfil expectations regarding the payment of a dowry or its size. In some cases, families will agree to the temporary “marriage” of their daughter in exchange for financial gains, also referred to as a contractual marriage, which is a form of trafficking in human beings. States parties to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography have explicit obligations with regard to child and/or forced marriages that include dowry payments or bride prices because they could constitute a sale of children as defined in article 2 (a) of the Protocol.[[fn:11]] The Committee on the Elimination of Discrimination against Women has repeatedly stressed that allowing marriage to be arranged by such payment or preferment violates the right to freely choose a spouse and has in its general recommendation No. 29 (2013) outlined that such practice should not be required for a marriage to be valid and that such agreements should not be recognized by a State party as enforceable.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":11,"text":"See also art. 3 (1) (a) (i)."}],"section":["VI. Causes, forms and manifestations of harmful practices","B. Child and/or forced marriage"],"citedArticles":[{"article":"2","treaty":"CRC-OPSC","confidence":"high","source":"sonnet","rationale":"Text refers to 'article 2 (a) of the Protocol' immediately after naming 'the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography'."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0025","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":25,"n":25,"text":"25. Polygamy is contrary to the dignity of women and girls and infringes on their human rights and freedoms, including equality and protection within the family. Polygamy varies across, and within, legal and social contexts and its impact includes harm to the health of wives, understood as physical, mental and social well-being, the material harm and deprivation that wives are liable to suffer and emotional and material harm to children, often with serious consequences for their welfare.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","C. Polygamy"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0026","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":26,"n":26,"text":"26. While many States parties have chosen to ban polygamy, it continues to be practised in some countries, whether legally or illegally. Although throughout history polygamous family systems have been functional in some agricultural societies as a way of ensuring larger labour forces for individual families, studies have shown that polygamy actually often results in increased poverty in the family, especially in rural areas.","labels":["Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","C. Polygamy"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0027","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":27,"n":27,"text":"27. Both women and girls find themselves in polygamous unions, with evidence showing that girls are much more likely to be married or betrothed to much older men, increasing the risk of violence and violations of their rights. The coexistence of statutory laws with religious, personal status and traditional customary laws and practices often contributes to the persistence of the practice. In some States parties, however, polygamy is authorized by civil law. Constitutional and other provisions that protect the right to culture and religion have also at times been used to justify laws and practices that allow for polygamous unions.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","C. Polygamy"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0028","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":28,"n":28,"text":"28. States parties to the Convention on the Elimination of All Forms of Discrimination against Women have explicit obligations to discourage and prohibit polygamy because it is contrary to the Convention.[[fn:12]] The Committee on the Elimination of Discrimination against Women also contends that polygamy has significant ramifications for the economic well-being of women and their children.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":12,"text":"Committee on the Elimination of Discrimination against Women, general recommendations Nos. 21 (1994), 28 (2010) and 29 (2013)."},{"n":13,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 29 (2013), para. 27."}],"section":["VI. Causes, forms and manifestations of harmful practices","C. Polygamy"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0029","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":29,"n":29,"text":"29. Crimes committed in the name of so-called honour are acts of violence that are disproportionately, although not exclusively, committed against girls and women because family members consider that some suspected, perceived or actual behaviour will bring dishonour to the family or community. Such forms of behaviour include entering into sexual relations before marriage, refusing to agree to an arranged marriage, entering into a marriage without parental consent, committing adultery, seeking divorce, dressing in a way that is viewed as unacceptable to the community, working outside the home or generally failing to conform to stereotyped gender roles. Crimes in the name of so-called honour may also be committed against girls and women because they have been victims of sexual violence.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","D. Crimes committed in the name of so-called honour"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0030","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":30,"n":30,"text":"30. Such crimes include murder and are frequently committed by a spouse, female or male relative or a member of the victim’s community. Rather than being viewed as criminal acts against women, crimes committed in the name of so-called honour are often sanctioned by the community as a means of preserving and/or restoring the integrity of its cultural, traditional, customary or religious norms following alleged transgressions. In some contexts, national legislation or its practical application, or the absence thereof, allows for the defence of honour to be presented as an exculpatory or a mitigating circumstance for perpetrators of such crimes, resulting in reduced sanctions or impunity. In addition, prosecution of cases may be impeded by unwillingness on the part of individuals with knowledge of the case to provide corroborating evidence.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","D. Crimes committed in the name of so-called honour"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0031","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":31,"n":31,"text":"31. Both Conventions contain specific references to the elimination of harmful practices. States parties to the Convention on the Elimination of All Forms of Discrimination against Women are obliged to plan and adopt appropriate legislation, policies and measures and ensure that their implementation responds effectively to specific obstacles, barriers and resistance to the elimination of discrimination that give rise to harmful practices and violence against women (arts. 2 and 3). States parties must, however, be able to demonstrate the direct relevance and appropriateness of the measures that have been taken, ensuring first and foremost that the human rights of women are not violated, and demonstrate whether such measures will achieve the desired effect and result. Furthermore, the obligation of States parties to pursue such targeted policies is of an immediate nature and States parties cannot justify any delay on any grounds, including cultural and religious grounds. States parties are also obliged to take all appropriate measures, including temporary special measures (art. 4 (1))[[fn:14]] to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices that are based on the idea of the inferiority or the superiority of either sexes or on stereotyped roles for men and women (art. 5 (a)) and to ensure that the betrothal and the marriage of a child will have no legal effect (art. 16 (2)).","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":14,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), para. 38."}],"citedArticles":[{"article":"4","paragraph":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly identifies these as CEDAW obligations ('States parties to the Convention on the Elimination of All Forms of Discrimination against Women'), and art. 4(1) CEDAW covers temporary special measures."},{"article":"5","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly refers to CEDAW obligations on modifying social/cultural patterns; art. 5(a) CEDAW addresses stereotyped roles, confirmed by the surrounding text context."},{"article":"16","paragraph":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly refers to CEDAW obligation on betrothal/marriage of a child having no legal effect; art. 16(2) CEDAW covers child marriage."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0032","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":32,"n":31,"text":"The Convention on the Rights of the Child, on the other hand, obliges States parties to take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children (art. 24 (3)). In addition, it provides for the right of the child to be protected from all forms of violence, including physical, sexual or psychological violence (art. 19) and requires States parties to ensure that no child is subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37 (a)). It applies the four general principles of the Convention to the issue of harmful practices, namely protection from discrimination (art. 2), ensuring the best interests of the child (art. 3 (1)[[fn:16]]),15 upholding the right to life, survival and development (art. 6), and the right of the child to be heard (art. 12).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":15,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), para. 38."}],"section":["VII. Holistic framework for addressing harmful practices"],"citedArticles":[{"article":"24","paragraph":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'The Convention on the Rights of the Child ... art. 24 (3)', which obliges States to abolish traditional practices prejudicial to children's health."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly attributes art. 19 to the Convention on the Rights of the Child, covering protection from all forms of violence."},{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly attributes art. 37(a) to the Convention on the Rights of the Child, prohibiting torture and cruel treatment."},{"article":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states these are 'four general principles of the Convention' (CRC), and art. 2 CRC covers non-discrimination."},{"article":"3","paragraph":"1","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly lists art. 3(1) as one of the four general principles of the CRC, covering best interests of the child."},{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly lists art. 6 as one of the four general principles of the CRC, covering the right to life, survival and development."},{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly lists art. 12 as one of the four general principles of the CRC, covering the right of the child to be heard."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0033","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":33,"n":33,"text":"33. In both instances, the effective prevention and elimination of harmful practices require the establishment of a well-defined, rights-based and locally relevant holistic strategy that includes supportive legal and policy measures, including social measures that are combined with commensurate political commitment and accountability at all levels. The obligations outlined in the Conventions provide the basis for the development of a holistic strategy to eliminate harmful practices, the elements of which are set out herein.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0034","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":34,"n":34,"text":"34. Such a holistic strategy must be mainstreamed and coordinated both vertically and horizontally and integrated into national efforts to prevent and address all forms of harmful practices. Horizontal coordination requires organization across sectors, including education, health, justice, social welfare, law enforcement, immigration and asylum, and communications and media. Similarly, vertical coordination requires organization between actors at the local, regional and national levels and with traditional and religious authorities. To facilitate the process, consideration should be given to delegating responsibility for the work to an existing or specifically established high-level entity, in cooperation with all relevant stakeholders.","labels":["Migrants"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0035","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":35,"n":35,"text":"35. The implementation of any holistic strategy necessarily requires the provision of adequate organizational, human, technical and financial resources that are supplemented with appropriate measures and tools, such as regulations, policies, plans and budgets. In addition, States parties are obliged to ensure that an independent monitoring mechanism is in place to track progress in protecting women and children from harmful practices and in realizing their rights.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0036","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":36,"n":36,"text":"36. Strategies aimed at eliminating harmful practices also need to involve a wide range of other stakeholders, including national independent human rights institutions, health, education and law enforcement professionals, members of civil society and those who engage in the practices.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0037","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":37,"n":37,"text":"37. The regular and comprehensive collection, analysis, dissemination and use of quantitative and qualitative data are crucial to ensuring effective policies, developing appropriate strategies and formulating actions, as well as evaluating impacts, monitoring progress achieved towards the elimination of harmful practices and identifying re-emerging and emerging harmful practices. The availability of data allows for the examination of trends and enables the establishment of the relevant connections between policies and effective programme implementation by State and non-State actors and the corresponding changes in attitudes, forms of behaviour, practices and prevalence rates. Data disaggregated by sex, age, geographical location, socioeconomic status, education level and other key factors are central to the identification of high-risk and disadvantaged groups of women and children, which will guide policy formulation and action to address harmful practices.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","A. Data collection and monitoring"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0038","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":38,"n":38,"text":"38. Such recognition notwithstanding, disaggregated data on harmful practices remain limited and are seldom comparable by country and over time, resulting in limited understanding of the extent and evolution of the problem and identification of adequately tailored and targeted measures.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","A. Data collection and monitoring"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0039","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":39,"n":39,"text":"The Committees recommend that the States parties to the Conventions: (a) Accord priority to the regular collection, analysis, dissemination and use of quantitative and qualitative data on harmful practices disaggregated by sex, age, geographical location, socioeconomic status, education level and other key factors, and ensure that such activities are adequately resourced. Regular data collection systems should be established and/or maintained in the health-care and social services, education and judicial and law enforcement sectors on protection-related issues; (b) Collect data through the use of national demographic and indicator surveys and censuses, which may be supplemented by data from nationally representative household surveys. Qualitative research should be conducted through focus group discussions, in-depth key informant interviews with a wide variety of stakeholders, structured observations, social mapping and other appropriate methodologies.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","A. Data collection and monitoring"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0040","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":40,"n":40,"text":"40. A key element of any holistic strategy is the development, enactment, implementation and monitoring of relevant legislation. Each State party is under the obligation[[fn:16]] to send a clear message of condemnation of harmful practices, provide legal protection for victims, enable State and non-State actors to protect women and children at risk, provide appropriate responses and care, and ensure the availability of redress and an end to impunity.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":16,"text":"See Convention on the Elimination of All Forms of Discrimination against Women, arts. 2 (a)–(c), 2 (f) and 5, and Committee on the Rights of the Child, general comment No. 13 (2011)."}],"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0041","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":41,"n":41,"text":"41. The enactment of legislation alone is, however, insufficient to combat harmful practices effectively. In accordance with the requirements of due diligence, legislation must therefore be supplemented with a comprehensive set of measures to facilitate its implementation, enforcement and follow-up, and monitoring and evaluation of the results achieved.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0042","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":42,"n":42,"text":"42. Contrary to their obligations under both Conventions, many States parties maintain legal provisions that justify, allow or lead to harmful practices, such as legislation that allows for child marriage, provides the defence of so-called honour as an exculpatory or mitigating factor for crimes committed against girls and women or enables a perpetrator of rape and/or other sexual crimes to avoid sanctions by marrying the victim.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0043","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":43,"n":43,"text":"43. In States parties with plural legal systems, even where laws explicitly prohibit harmful practices, prohibition may not be enforced effectively because the existence of customary, traditional or religious laws may actually support those practices.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0044","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":44,"n":44,"text":"44. Prejudices and weak capacity to address the rights of women and children among judges in customary and religious courts or traditional adjudication mechanisms and the belief that matters falling within the purview of such customary systems should not be subjected to any review or scrutiny by the State or other judicial bodies deny or limit the access to justice of victims of harmful practices.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0045","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":45,"n":45,"text":"45. The full and inclusive participation of relevant stakeholders in the drafting of legislation against harmful practices can ensure that the primary concerns relating to the practices are accurately identified and addressed. Engaging with and soliciting input from practising communities, other relevant stakeholders and members of civil society is central to this process. Care should be taken, however, to ensure that prevailing attitudes and social norms that support harmful practices do not weaken efforts to enact and enforce legislation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0046","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":46,"n":46,"text":"46. Many States parties have taken steps to decentralize government power through devolution and delegation, but this should not reduce or negate the obligation to enact legislation that prohibits harmful practices and is applicable throughout their jurisdiction. Safeguards must be put in place to ensure that decentralization or devolution does not lead to discrimination with regard to protection of women and children against harmful practices in different regions and cultural zones. Devolved authorities need to be equipped with the human, financial, technical and other resources necessary to effectively enforce legislation that aims to eliminate harmful practices.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0047","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":47,"n":47,"text":"47. Cultural groups engaged in harmful practices may contribute to spreading such practices across national boundaries. Where this occurs, appropriate measures are needed to contain the spread.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0048","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":48,"n":48,"text":"48. National human rights institutions have a key role to play in promoting and protecting human rights, including the right of individuals to be free from harmful practices, and enhancing public awareness of those rights.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0049","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":49,"n":49,"text":"49. Individuals providing services for women and children, especially medical personnel and teachers, are uniquely placed to identify actual or potential victims of harmful practices. They are, however, often bound by rules of confidentiality that may conflict with their obligation to report the actual occurrence of a harmful practice or the potential for it to occur. This must be overcome with specific regulations that make it mandatory for them to report such incidents.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0050","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":50,"n":50,"text":"50. Where medical professionals or government employees or civil servants are involved or complicit in carrying out harmful practices, their status and responsibility, including to report, should be seen as an aggravating circumstance in the determination of criminal sanctions or administrative sanctions such as loss of a professional licence or termination of contract, which should be preceded by the issuance of warnings. Systematic training for relevant professionals is considered to be an effective preventive measure in this regard.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0051","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":51,"n":51,"text":"51. Although criminal law sanctions must be consistently enforced in ways that contribute to the prevention and elimination of harmful practices, States parties must also take into account the potential threats to and negative impact on victims, including acts of retaliation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0052","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":52,"n":52,"text":"52. Monetary compensation may not be feasible in areas of high prevalence. In all instances, however, women and children affected by harmful practices should have access to legal remedies, victim support and rehabilitation services and social and economic opportunities.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0053","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":53,"n":53,"text":"53. The best interests of the child and the protection of the rights of girls and women should always be taken into consideration and the necessary conditions must be in place to enable them to express their point of view and ensure that their opinions are given due weight. Careful consideration should also be given to the potential short-term and long-term impact on children or women of the dissolution of child and/or forced marriages and the return of dowry payments and bride prices.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0054","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":54,"n":54,"text":"54. States parties, and in particular immigration and asylum officials, should be aware that women and girls may be fleeing their country of origin to avoid undergoing a harmful practice. Those officials should receive appropriate cultural, legal and gender-sensitive training on what steps need to be taken for the protection of such women and girls.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0055","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":55,"n":55,"text":"The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure: (a) That the process of drafting legislation is fully inclusive and participatory. For that purpose, they should conduct targeted advocacy and awareness-raising and use social mobilization measures to generate broad public knowledge of and support for the drafting, adoption, dissemination and implementation of the legislation; (b) That the legislation is in full compliance with the relevant obligations outlined in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child and other international human rights standards that prohibit harmful practices and that it takes precedence over customary, traditional or religious laws that allow, condone or prescribe any harmful practice, especially in countries with plural legal systems; (c) That they repeal without further delay all legislation that condones, allows or leads to harmful practices, including traditional, customary or religious laws and any legislation that accepts the defence of honour as a defence or mitigating factor in the commission of crimes in the name of so-called honour; (d) That the legislation is consistent and comprehensive and provides detailed guidance on prevention, protection, support and follow-up services and assistance for victims, including towards their physical and psychological recovery and social reintegration, and is complemented by adequate civil and/or administrative legislative provisions; (e) That the legislation adequately addresses, including by providing the basis for the adoption of temporary special measures, the root causes of harmful practices, including discrimination on the basis of sex, gender, age and other intersecting factors, focuses on the human rights and needs of the victims and fully takes into account the best interests of children and women; (f) That a minimum legal age of marriage for girls and boys, with or without parental consent, is established at 18 years; (g) That a legal requirement of marriage registration is established and effective implementation is provided through awareness-raising, education and the existence of adequate infrastructure to make registration accessible to all persons within their jurisdiction; (h) That a national system of compulsory, accessible and free birth registration is established in order to effectively prevent harmful practices, including child marriage; (i) That national human rights institutions are mandated to consider individual complaints and petitions and carry out investigations, including those submitted on behalf of or directly by women and children, in a confidential, gender-sensitive and child-friendly manner; (j) That it is made mandatory by law for professionals and institutions working for and with children and women to report actual incidents or the risk of such incidents if they have reasonable grounds to believe that a harmful practice has occurred or may occur. Mandatory reporting responsibilities should ensure the protection of the privacy and confidentiality of those who report; (k) That all initiatives to draft and amend criminal laws must be coupled with protection measures and services for victims and those who are at risk of being subjected to harmful practices; (l) That legislation establishes jurisdiction over offences of harmful practices that applies to nationals of the State party and habitual residents even when they are committed in a State in which they are not criminalized; (m) That legislation and policies relating to immigration and asylum recognize the risk of being subjected to harmful practices or being persecuted as a result of such practices as a ground for granting asylum. Consideration should also be given, on a case-by-case basis, to providing protection to a relative who may be accompanying the girl or woman; (n) That the legislation includes provisions on regular evaluation and monitoring, including in relation to implementation, enforcement and follow-up; (o) That women and children subjected to harmful practices have equal access to justice, including by addressing legal and practical barriers to initiating legal proceedings, such as the limitation period, and that the perpetrators and those who aid or condone such practices are held accountable; (p) That the legislation includes mandatory restraining or protection orders to safeguard those at risk of harmful practices and provides for their safety and measures to protect victims from retribution; (q) That victims of violations have equal access to legal remedies and appropriate reparations in practice.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0056","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":56,"n":56,"text":"56. One of the first steps in combating harmful practices is through prevention. Both Committees have underlined that prevention can be best achieved through a rights-based approach to changing social and cultural norms, empowering women and girls, building the capacity of all relevant professionals who are in regular contact with victims, potential victims and perpetrators of harmful practices at all levels and raising awareness of the causes and consequences of harmful practices, including through dialogue with relevant stakeholders.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0057","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":57,"n":57,"text":"57. A social norm is a contributing factor to and social determinant of certain practices in a community that may be positive and strengthen its identity and cohesion or may be negative and potentially lead to harm. It is also a social rule of behaviour that members of a community are expected to observe. This creates and sustains a collective sense of social obligation and expectation that conditions the behaviour of individual community members, even if they are not personally in agreement with the practice. For example, where female genital mutilation is the social norm, parents are motivated to agree to its being performed on their daughters because they see other parents doing so and believe that others expect them to do the same. The norm or practice is often perpetuated by other women in community networks who have already undergone the procedure and exert additional pressure on younger women to conform to the practice or risk ostracism, being shunned and stigmatization. Such marginalization may include the loss of important economic and social support and social mobility. Conversely, if individuals conform to the social norm, they expect to be rewarded, for example through inclusion and praise. Changing social norms that underlie and justify harmful practices requires that such expectations be challenged and modified.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0058","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":58,"n":58,"text":"58. Social norms are interconnected, meaning that harmful practices cannot be addressed in isolation, but within a broader context based on a comprehensive understanding of how the practices are linked to other cultural and social norms and other practices. This indicates the need to adopt a rights-based approach that is founded on recognition that rights are indivisible and interdependent.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0059","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":59,"n":59,"text":"59. An underlying challenge that must be confronted is the fact that harmful practices may be perceived as having beneficial effects for the victims and members of their family and community. Consequently, there are significant limitations to any approach that targets only individual behavioural change. Instead, there is a need for a broad-based and holistic collective or community-based approach. Culturally sensitive interventions that reinforce human rights and enable practising communities to collectively explore and agree upon alternative ways to fulfil their values and honour or celebrate traditions without causing harm and violating the human rights of women and children can lead to the sustainable and large-scale elimination of the harmful practices and the collective adoption of new social rules. Public manifestations of a collective commitment to alternative practices can help to reinforce their long-term sustainability. In this regard, the active involvement of community leaders is crucial.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0060","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":60,"n":60,"text":"60. The Committees recommend that the States parties to the Conventions ensure that any efforts undertaken to tackle harmful practices and to challenge and change underlying social norms are holistic, community-based and founded on a rights-based approach that includes the active participation of all relevant stakeholders, especially women and girls.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0061","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":61,"n":61,"text":"61. States parties have an obligation to challenge and change patriarchal ideologies and structures that constrain women and girls from fully exercising their human rights and freedoms. For girls and women to overcome the social exclusion and poverty that many experience, which increase their vulnerability to exploitation, harmful practices and other forms of gender-based violence, they need to be equipped with the skills and competencies necessary to assert their rights, including to make autonomous and informed decisions and choices about their own lives. In this context, education is an important tool for empowering women and girls to claim their rights.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0062","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":62,"n":62,"text":"62. There is a clear correlation between the low educational attainment of girls and women and the prevalence of harmful practices. States parties to the Conventions have obligations to ensure the universal right to high-quality education and to create an enabling environment that allows girls and women to become agents of change (Convention on the Rights of the Child, arts. 28 and 29; Convention on the Elimination of All Forms of Discrimination against Women, art. 10). This entails providing universal, free and compulsory primary school enrolment and ensuring regular attendance, discouraging dropping out, eliminating existing gender disparities and supporting access for the most marginalized girls, including those living in remote and rural communities. In implementing the obligations, consideration should be given to making schools and their surroundings safe, friendly to girls and conducive to their optimal performance.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"],"citedArticles":[{"article":"10","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly attributes art 10 to 'Convention on the Elimination of All Forms of Discrimination against Women'."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0063","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":63,"n":63,"text":"63. The completion of primary and secondary education provides girls with short-term and long-term benefits by contributing to the prevention of child marriage and adolescent pregnancy and lower rates of infant and maternal mortality and morbidity, preparing women and girls to better claim their right to freedom from violence and increasing their opportunities for effective participation in all spheres of life. The Committees have consistently encouraged States parties to take measures to boost enrolment and retention in secondary education, including by ensuring that pupils complete primary school, abolishing school fees for both primary and secondary education, promoting equitable access to secondary education, including technical-vocational educational opportunities and giving consideration to making secondary education compulsory. The right of adolescent girls to continue their studies during and after pregnancy can be guaranteed through non-discriminatory return policies.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0064","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":64,"n":64,"text":"64. For out-of-school girls, non-formal education is often their only route to learning and should provide basic education and instruction in life skills. It is an alternative to formal schooling for those who did not complete primary or secondary school and may also be made available through radio programmes and other media, including digital media.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0065","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":65,"n":65,"text":"65. Women and girls are enabled to build their economic assets through training in livelihood and entrepreneurship skills and benefit from programmes that offer an economic incentive to postpone marriage until 18 years of age, such as scholarships, microcredit programmes or savings schemes (Convention on the Elimination of All Forms of Discrimination against Women, arts. 11 and 13; Convention on the Rights of the Child, art. 28). Complementary awareness-raising programmes are essential to communicating the right of women to work outside the home and challenging taboos about women and work.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"],"citedArticles":[{"article":"28","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly attributes art 28 to 'Convention on the Rights of the Child'."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0066","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":66,"n":66,"text":"66. Another means of encouraging the empowerment of women and girls is by building their social assets. This can be facilitated through the creation of safe spaces where girls and women can connect with peers, mentors, teachers and community leaders and express themselves, speak out, articulate their aspirations and concerns and participate in decisions affecting their lives. This can help them to develop self-esteem and self-efficacy, communication, negotiation and problem-solving skills and awareness of their rights and can be particularly important for migrant girls. Given that men have traditionally held positions of power and influence at all levels, their engagement is crucial to ensuring that children and women have the support and committed engagement of their families, communities, civil society and policymakers.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0067","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":67,"n":67,"text":"67. Childhood, and early adolescence at the latest, are entry points for assisting both girls and boys and supporting them to change gender-based attitudes and adopt more positive roles and forms of behaviour in the home, at school and in wider society. This means facilitating discussions with them on social norms, attitudes and expectations that are associated with traditional femininity and masculinity and sex- and gender-linked stereotypical roles and working in partnership with them to support personal and social change aimed at eliminating gender inequality and promoting the importance of valuing education, especially girls’ education, in the effort to eliminate harmful practices that specifically affect pre-adolescent and adolescent girls.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0068","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":68,"n":68,"text":"68. Women and adolescent girls who have been, or are at risk of being, subjected to harmful practices face significant risks to their sexual and reproductive health, in particular in a context where they already encounter barriers to decision-making on such issues arising from lack of adequate information and services, including adolescent-friendly services. Special attention is therefore needed to ensure that women and adolescents have access to accurate information about sexual and reproductive health and rights and on the impacts of harmful practices, as well as access to adequate and confidential services. Age-appropriate education, which includes science-based information on sexual and reproductive health, contributes to empowering girls and women to make informed decisions and claim their rights. To this end, health-care providers and teachers with adequate knowledge, understanding and skills play a crucial role in conveying the information, preventing harmful practices and identifying and assisting women and girls who are victims of or might be at risk of being subjected to them.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0069","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":69,"n":69,"text":"The Committees recommend that the States parties to the Conventions: (a) Provide universal, free and compulsory primary education that is girlfriendly, including in remote and rural areas, consider making secondary education mandatory while also providing economic incentives for pregnant girls and adolescent mothers to complete secondary school and establish non-discriminatory return policies; (b) Provide girls and women with educational and economic opportunities in a safe and enabling environment where they can develop their self-esteem, awareness of their rights and communication, negotiation and problem-solving skills; (c) Include in the educational curriculum information on human rights, including those of women and children, gender equality and self-awareness and contribute to eliminating gender stereotypes and fostering an environment of non-discrimination; (d) Ensure that schools provide age-appropriate information on sexual and reproductive health and rights, including in relation to gender relations and responsible sexual behaviour, HIV prevention, nutrition and protection from violence and harmful practices; (e) Ensure access to non-formal education programmes for girls who have dropped out of regular schooling, or who have never enrolled and are illiterate, and monitor the quality of those programmes; (f) Engage men and boys in creating an enabling environment that supports the empowerment of women and girls.","labels":["Women/girls","Children","Adolescents","Persons living with HIV/AIDS","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0070","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":70,"n":70,"text":"70. One of the primary challenges in the elimination of harmful practices relates to the lack of awareness or capacity of relevant professionals, including front-line professionals, to adequately understand, identify and respond to incidents or the risks of harmful practices. A comprehensive, holistic and effective approach to capacity-building should aim to engage influential leaders, such as traditional and religious leaders, and as many relevant professional groups as possible, including health, education and social workers, asylum and immigration authorities, the police, public prosecutors, judges and politicians at all levels. They need to be provided with accurate information about the practice and applicable human rights norms and standards with a view to promoting a change in the attitudes and forms of behaviour of their group and the wider community.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0071","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":71,"n":71,"text":"71. Where alternative dispute resolution mechanisms or traditional justice systems are in place, training on human rights and harmful practices should be provided to those responsible for their management. Furthermore, police officers, public prosecutors, judges and other law enforcement officials need training on the implementation of new or existing legislation criminalizing harmful practices to ensure that they are aware of the rights of women and children and are sensitive to the vulnerable status of victims.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0072","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":72,"n":72,"text":"72. In States parties in which the prevalence of harmful practices is primarily limited to immigrant communities, health-care providers, teachers and childcare professionals, social workers, police officers, migration officials and the justice sector must be sensitized and trained in how to identify girls and women who have been, or are at risk of being, subjected to harmful practices and which steps can and should be taken to protect them.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0073","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":73,"n":73,"text":"The Committees recommend that the States parties to the Conventions: (a) Provide all relevant front-line professionals with information on harmful practices and applicable human rights norms and standards and ensure that they are adequately trained to prevent, identify and respond to incidents of harmful practices, including mitigating negative effects for victims and helping them to gain access to remedies and appropriate services; (b) Provide training to individuals involved in alternative dispute resolution and traditional justice systems to appropriately apply key human rights principles, especially the best interests of the child and the participation of children in administrative and judicial proceedings; (c) Provide training to all law enforcement personnel, including the judiciary, on new and existing legislation prohibiting harmful practices and ensure that they are aware of the rights of women and children and of their role in prosecuting perpetrators and protecting victims of harmful practices; (d) Conduct specialized awareness and training programmes for health-care providers working with immigrant communities to address the unique health-care needs of children and women who have undergone female genital mutilation or other harmful practices and provide specialized training also for professionals within child welfare services and services focused on the rights of women and the education and police and justice sectors, politicians and media personnel working with migrant girls and women.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0074","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":74,"n":74,"text":"74. To challenge sociocultural norms and attitudes that underlie harmful practices, including male-dominated power structures, sex- and gender-based discrimination and age hierarchies, both Committees regularly recommend that States parties undertake comprehensive public information and awareness-raising campaigns that are part of long-term strategies to eliminate harmful practices.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0075","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":75,"n":75,"text":"75. Awareness-raising measures should include accurate information from trusted sources about the harm caused by the practices and convincing reasons as to why they should be eliminated. In this respect, the mass media can perform an important function in ensuring new thinking, in particular through access by women and children to information and material aimed at the promotion of their social and moral well-being and physical and mental health, in line with obligations under both Conventions that help to protect them from harmful practices.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0076","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":76,"n":76,"text":"76. The launching of awareness-raising campaigns can provide an opportunity to initiate public discussions about harmful practices with a view to collectively exploring alternatives that do not cause harm or violate the human rights of women and children and reaching agreement that the social norms underlying and sustaining harmful practices can and should be changed. The collective pride of a community in identifying and adopting new ways to fulfil its core values will ensure the commitment and sustainability of new social norms that do not result in the infliction of harm or violate human rights.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0077","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":77,"n":77,"text":"77. The most effective efforts are inclusive and engage relevant stakeholders at all levels, especially girls and women from affected communities and boys and men. Moreover, those efforts require the active participation and support of local leaders, including through the allocation of adequate resources. Establishing or strengthening existing partnerships with relevant stakeholders, institutions, organizations and social networks (religious and traditional leaders, practitioners and civil society) can help to build bridges between constituencies.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0078","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":78,"n":78,"text":"78. Consideration could be given to the dissemination of information on positive experiences that followed the elimination of harmful practices within a local or diaspora community or within other practising communities from the same geographical region with similar backgrounds, as well as to the exchange of good practice, including from other regions. This may take the form of local, national or regional conferences or events, visits of community leaders or the use of audiovisual tools. In addition, awareness-raising activities need to be carefully designed so that they accurately reflect the local context, do not result in a backlash or foster stigma and/or discrimination against the victims and/or the practising communities.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0079","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":79,"n":79,"text":"79. Community-based and mainstream media can be important partners in awareness-raising and outreach regarding the elimination of harmful practices, including through joint initiatives with Governments to host debates or talk shows, prepare and screen documentaries and develop educational programmes for radio and television. The Internet and social media can also be valuable tools for providing information and opportunities for debate, while mobile telephones are increasingly being used to convey messages and engage with people of all ages. Community-based media can serve as a useful forum for information and dialogue and may include radio, street theatre, music, art, poetry and puppetry.","labels":["Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0080","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":80,"n":80,"text":"80. In States parties with effective and enforced legislation against harmful practices, there is a risk that practising communities will go into hiding or go abroad to carry out the practices. States parties hosting practising communities should support awareness-raising campaigns regarding the harmful impact on the victims or those at risk, as well as the legal implications of the violation, while at the same time preventing discrimination and stigma against those communities. To this end, steps should be taken to facilitate the social integration of such communities.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0081","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":81,"n":81,"text":"The Committees recommend that the States parties to the Conventions: (a) Develop and adopt comprehensive awareness-raising programmes to challenge and change cultural and social attitudes, traditions and customs that underlie forms of behaviour that perpetuate harmful practices; (b) Ensure that awareness-raising programmes provide accurate information and clear and unified messages from trusted sources about the negative impact of harmful practices on women, children, in particular girls, their families and society at large. Such programmes should include social media, the Internet and community communication and dissemination tools; (c) Take all appropriate measures to ensure that stigma and discrimination are not perpetuated against the victims and/or practising immigrant or minority communities; (d) Ensure that awareness-raising programmes targeting State structures engage decision makers and all relevant programmatic staff and key professionals working within local and national government and government agencies; (e) Ensure that personnel of national human rights institutions are fully aware and sensitized to the human rights implications of harmful practices within the State party and that they receive support to promote the elimination of those practices; (f) Initiate public discussions to prevent and promote the elimination of harmful practices, by engaging all relevant stakeholders in the preparation and implementation of the measures, including local leaders, practitioners, grass-roots organizations and religious communities. The activities should affirm the positive cultural principles of a community that are consistent with human rights and include information on experiences of successful elimination by formerly practising communities with similar backgrounds; (g) Build or reinforce effective partnerships with the mainstream media to support the implementation of awareness-raising programmes and promote public discussions and encourage the creation and observance of self-regulatory mechanisms that respect the privacy of individuals.","labels":["Children","Women/girls","Migrants"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0082","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":82,"n":82,"text":"82. Women and children who are victims of harmful practices are in need of immediate support services, including medical, psychological and legal services. Emergency medical services may be the most urgent and obvious, given that some of the harmful practices covered herein involve the infliction of extreme physical violence and medical intervention may be necessary to treat severe harm or prevent death. Victims of female genital mutilation or other harmful practices may also require medical treatment or surgical interventions to address the short-term and long-term physical consequences. The management of pregnancy and childbirth in women or girls who have undergone female genital mutilation must be included in pre-service and in-service training for midwives, doctors and other skilled birth attendants.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0083","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":83,"n":83,"text":"83. National protection systems or, in their absence, traditional structures should be mandated to be child-friendly and gender-sensitive and adequately resourced to provide all necessary protection services to women and girls who face a high risk of being subjected to violence, including girls running away to avoid being subjected to female genital mutilation, forced marriage or crimes committed in the name of so-called honour. Consideration should be given to the establishment of an easy-to-remember, free, around-the-clock helpline that is available and known nationwide. Appropriate safety and security measures for victims must be available, including specifically designed temporary shelters or specialized services within shelters for victims of violence. Given that perpetrators of harmful practices are often the spouse of the victim, a family member or a member of the victim’s community, protective services should seek to relocate victims outside their immediate community if there is reason to believe that they may be unsafe. Unsupervised visits must be avoided, especially when the issue may be considered one of so-called honour. Psychosocial support must also be available to treat the immediate and long-term psychological trauma of victims, which may include post-traumatic stress disorder, anxiety and depression.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0084","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":84,"n":84,"text":"84. When a woman or a girl who was subjected to or refused to undergo a practice leaves her family or community to seek refuge, her decision to return must be supported by adequate national protection mechanisms. In assisting her in making this free and informed choice, the mechanisms are required to ensure her safe return and reintegration based on the principle of her best interest, including avoiding revictimization. Such situations require close follow-up and monitoring to ensure that victims are protected and enjoy their rights in the short term and the long term.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0085","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":85,"n":85,"text":"85. Victims seeking justice for violations of their rights as a result of harmful practices often face stigmatization, a risk of revictimization, harassment and possible retribution. Steps must therefore be taken to ensure that the rights of girls and women are protected throughout the legal process, in accordance with articles 2 (c) and 15 (2) and (3) of the Convention on the Elimination of All Forms of Discrimination against Women, and that children are enabled to effectively engage in court proceedings as part of their right to be heard under article 12 of the Convention on the Rights of the Child.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"],"citedArticles":[{"article":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2 (c) and 15 (2) and (3)' to 'the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"15","paragraph":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2 (c) and 15 (2) and (3)' to 'the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'article 12' to 'the Convention on the Rights of the Child'."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0086","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":86,"n":86,"text":"86. Many migrants have a precarious economic and legal status, which increases their vulnerability to all forms of violence, including harmful practices. Migrant women and children often do not have access to adequate services on an equal basis with citizens.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0087","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":87,"n":87,"text":"The Committees recommend that the States parties to the Conventions: (a) Ensure that protection services are mandated and adequately resourced to provide all necessary prevention and protection services to children and women who are, or are at high risk of becoming, victims of harmful practices; (b) Establish a free, 24-hour hotline that is staffed by trained counsellors, to enable victims to report instances when a harmful practice is likely to occur or has occurred, and provide referral to needed services and accurate information about harmful practices; (c) Develop and implement capacity-building programmes on their role in protection for judicial officers, including judges, lawyers, prosecutors and all relevant stakeholders, on legislation prohibiting discrimination and on applying laws in a gender-sensitive and age-sensitive manner in conformity with the Conventions; (d) Ensure that children participating in legal processes have access to appropriate child-sensitive services to safeguard their rights and safety and to limit the possible negative impacts of the proceedings. Protective action may include limiting the number of times that a victim is required to give a statement and not requiring that individual to face the perpetrator or perpetrators. Other steps may include appointing a guardian ad litem (especially where the perpetrator is a parent or legal guardian) and ensuring that child victims have access to adequate child-sensitive information about the process and fully understand what to expect; (e) Ensure that migrant women and children have equal access to services, regardless of their legal status.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0088","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":88,"n":88,"text":"88. States parties should widely disseminate the present joint general recommendation/general comment to parliaments, Governments and the judiciary, nationally and locally. It should also be made known to children and women and all relevant professionals and stakeholders, including those working for and with children (e.g. judges, lawyers, police officers and other law enforcement officials, teachers, guardians, social workers, staff of public or private welfare institutions and shelters and health-care providers) and civil society at large. It should be translated into relevant languages and child-friendly/appropriate versions and formats accessible to persons with disabilities should be made available. Conferences, seminars, workshops and other events should be held to share good practice on how best to implement it. It should also be incorporated into the formal pre-service and in-service training of all relevant professionals and technical staff and should be made available to all national human rights institutions, women’s organizations and other human rights non-governmental organizations.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VIII. Dissemination and use of the joint general recommendation/general comment and reporting"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0089","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":89,"n":89,"text":"89. States parties should include in their reports under the Conventions information about the nature and extent of attitudes, customs and social norms that perpetuate harmful practices and on the measures guided by the present joint general recommendation/general comment that they have implemented and the effects thereof.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VIII. Dissemination and use of the joint general recommendation/general comment and reporting"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0090","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":90,"n":90,"text":"States parties are encouraged to ratify the following instruments: (a) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; (b) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography; (c) Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; (d) Optional Protocol to the Convention on the Rights of the Child on a communications procedure.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["IX. Treaty ratification or accession and reservations"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0091","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":91,"n":91,"text":"91. States parties should review and modify or withdraw any reservations to articles 2, 5 and 16, or their subparagraphs, of the Convention on the Elimination of All Forms of Discrimination against Women and articles 19 and 24 (3) of the Convention on the Rights of the Child. The Committee on the Elimination of Discrimination against Women considers reservations to those articles in principle incompatible with the object and purpose of the Conventions and thus impermissible under article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["IX. Treaty ratification or accession and reservations"],"citedArticles":[{"article":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 5 and 16' to 'the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"5","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 5 and 16' to 'the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"16","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 5 and 16' to 'the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 19 and 24 (3)' to 'the Convention on the Rights of the Child'."},{"article":"24","paragraph":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 19 and 24 (3)' to 'the Convention on the Rights of the Child'."},{"article":"28","paragraph":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women'."}]},{"id":"crpd-c-gc-1-0001","docId":"crpd-c-gc-1","idx":1,"n":1,"text":"Equality before the law is a basic general principle of human rights protection and is indispensable for the exercise of other human rights. The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights specifically guarantee the right to equality before the law. Article 12 of the Convention on the Rights of Persons with Disabilities further describes the content of this civil right and focuses on the areas in which people with disabilities have traditionally been denied the right. Article 12 does not set out additional rights for people with disabilities; it simply describes the specific elements that States parties are required to take into account to ensure the right to equality before the law for people with disabilities, on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"article":"12","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"First occurrence: text explicitly states 'Article 12 of the Convention on the Rights of Persons with Disabilities further describes the content of this civil right', clearly CRPD."},{"article":"12","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Second occurrence: text repeats 'Article 12 does not set out additional rights', referring again to CRPD art. 12 on equal recognition before the law."}]},{"id":"crpd-c-gc-1-0002","docId":"crpd-c-gc-1","idx":2,"n":2,"text":"Given the importance of this article, the Committee facilitated interactive forums for discussions on legal capacity.From the very useful exchange on the provisions of article 12 by experts, States parties, disabled persons’ organizations, non-governmental organizations, treaty monitoring bodies, national human rights institutions and United Nations agencies, the Committee found it imperative to provide further guidance in a general comment.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0003","docId":"crpd-c-gc-1","idx":3,"n":3,"text":"On the basis of the initial reports of various States parties that it has reviewed so far, the Committee observes that there is a general misunderstanding of the exact scope of the obligations of States parties under article 12 of the Convention. Indeed, there has been a general failure to understand that the human rights-based model of disability implies a shift from the substitute decision-making paradigm to one that is based on supported decision-making. The aim of the present general comment is to explore the general obligations deriving from the various components of article 12.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0004","docId":"crpd-c-gc-1","idx":4,"n":4,"text":"The present general comment reflects an interpretation of article 12 which is premised on the general principles of the Convention, as outlined in article 3, namely, respect for the inherent dignity, individual autonomy — including the freedom to make one’s own choices —, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; and respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-1-0005","docId":"crpd-c-gc-1","idx":5,"n":5,"text":"The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Rights of Persons with Disabilities each specify that the right to equal recognition before the law is operative “everywhere”. In other words, there are no permissible circumstances under international human rights law in which a person may be deprived of the right to recognition as a person before the law, or in which this right may be limited. This is reinforced by article 4, paragraph 2, of the International Covenant on Civil and Political Rights, which allows no derogation from this right, even in times of public emergency. Although an equivalent prohibition on derogation from the right to equal recognition before the law is not specified in the Convention on the Rights of Persons with Disabilities, the provision in the International Covenant covers such protection by virtue of article 4, paragraph 4, of the Convention, which establishes that the provisions of the Convention on the Rights of Persons with Disabilities do not derogate from existing international law.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"article":"4","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"First occurrence: text explicitly names 'article 4, paragraph 2, of the International Covenant on Civil and Political Rights', covering derogation prohibitions."},{"article":"4","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Second occurrence: text explicitly names 'article 4, paragraph 4, of the Convention' (CRPD), establishing that CRPD does not derogate from existing international law."}]},{"id":"crpd-c-gc-1-0006","docId":"crpd-c-gc-1","idx":6,"n":6,"text":"The right to equality before the law is also reflected in other core international and regional human rights treaties. Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women guarantees women’s equality before the law and requires the recognition of women’s legal capacity on an equal basis with men, including with regard to concluding contracts, administering property and exercising their rights in the justice system. Article 3 of the African Charter on Human and Peoples’ Rights provides for the right of every person to be equal before the law and to enjoy equal protection of the law. Article 3 of the American Convention on Human Rights enshrines the right to juridical personality and the right of every person to recognition as a person before the law.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"article":"15","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text explicitly says 'Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Article 3 of the African Charter on Human and Peoples' Rights' - regional instrument, not in scope."},{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Article 3 of the American Convention on Human Rights' - regional instrument, not in scope."}]},{"id":"crpd-c-gc-1-0007","docId":"crpd-c-gc-1","idx":7,"n":7,"text":"States parties must holistically examine all areas of law to ensure that the right of persons with disabilities to legal capacity is not restricted on an unequal basis with others. Historically, persons with disabilities have been denied their right to legal capacity in many areas in a discriminatory manner under substitute decision-making regimes such as guardianship, conservatorship and mental health laws that permit forced treatment. These practices must be abolished in order to ensure that full legal capacity is restored to persons with disabilities on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"]},{"id":"crpd-c-gc-1-0008","docId":"crpd-c-gc-1","idx":8,"n":8,"text":"Article 12 of the Convention affirms that all persons with disabilities have full legal capacity. Legal capacity has been prejudicially denied to many groups throughout history, including women (particularly upon marriage) and ethnic minorities. However, persons with disabilities remain the group whose legal capacity is most commonly denied in legal systems worldwide. The right to equal recognition before the law implies that legal capacity is a universal attribute inherent in all persons by virtue of their humanity and must be upheld for persons with disabilities on an equal basis with others. Legal capacity is indispensable for the exercise of civil, political, economic, social and cultural rights. It acquires a special significance for persons with disabilities when they have to make fundamental decisions regarding their health, education and work. The denial of legal capacity to persons with disabilities has, in many cases, led to their being deprived of many fundamental rights, including the right to vote, the right to marry and found a family, reproductive rights, parental rights, the right to give consent for intimate relationships and medical treatment, and the right to liberty.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0009","docId":"crpd-c-gc-1","idx":9,"n":9,"text":"All persons with disabilities, including those with physical, mental, intellectual or sensory impairments, can be affected by denial of legal capacity and substitute decision-making. However, persons with cognitive or psychosocial disabilities have been, and still are, disproportionately affected by substitute decision-making regimes and denial of legal capacity. The Committee reaffirms that a person’s status as a person with a disability or the existence of an impairment (including a physical or sensory impairment) must never be grounds for denying legal capacity or any of the rights provided for in article 12. All practices that in purpose or effect violate article 12 must be abolished in order to ensure that full legal capacity is restored to persons with disabilities on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0010","docId":"crpd-c-gc-1","idx":10,"n":10,"text":"This general comment focuses primarily on the normative content of article 12 and the State obligations that emerge therefrom. The Committee will continue to carry out work in this area so as to provide further in-depth guidance on the rights and obligations deriving from article 12 in future concluding observations, general comments and other documents.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0011","docId":"crpd-c-gc-1","idx":11,"n":11,"text":"Article 12, paragraph 1, reaffirms the right of persons with disabilities to be recognized as persons before the law. This guarantees that every human being is respected as a person possessing legal personality, which is a prerequisite for the recognition of a person’s legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 1"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0012","docId":"crpd-c-gc-1","idx":12,"n":12,"text":"Article 12, paragraph 2,recognizes that persons with disabilities enjoy legal capacity on an equal basis with others in all areas of life. Legal capacity includes the capacity to be both a holder of rights and an actor under the law. Legal capacity to be a holder of rights entitles a person to full protection of his or her rights by the legal system. Legal capacity to act under the law recognizes that person as an agent with the power to engage in transactions and create, modify or end legal relationships. The right to recognition as a legal agent is provided for in article 12, paragraph 5, of the Convention, which outlines the duty of States parties to “take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and … ensure that persons with disabilities are not arbitrarily deprived of their property”.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 2"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0013","docId":"crpd-c-gc-1","idx":13,"n":13,"text":"Legal capacity and mental capacity are distinct concepts. Legal capacity is the ability to hold rights and duties (legal standing) and to exercise those rights and duties (legal agency). It is the key to accessing meaningful participation in society. Mental capacity refers to the decision-making skills of a person, which naturally vary from one person to another and may be different for a given person depending on many factors, including environmental and social factors. Legal instruments such as the Universal Declaration of Human Rights (art. 6), the International Covenant on Civil and Political Rights (art. 16) and the Convention on the Elimination of All Forms of Discrimination Against Women (art. 15) do not specify the distinction between mental and legal capacity. Article 12 of the Convention on the Rights of Persons with Disabilities, however, makes it clear that “unsoundedness of mind” and other discriminatory labels are not legitimate reasons for the denial of legal capacity (both legal standing and legal agency). Under article 12 of the Convention, perceived or actual deficits in mental capacity must not be used as justification for denying legal capacity.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 2"],"citedArticles":[{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 6 to the Universal Declaration of Human Rights, a non-binding instrument."},{"article":"16","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'the International Covenant on Civil and Political Rights (art. 16)'."},{"article":"15","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text expressly cites 'the Convention on the Elimination of All Forms of Discrimination Against Women (art. 15)'."},{"article":"12","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly states 'Article 12 of the Convention on the Rights of Persons with Disabilities'."},{"article":"12","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Second occurrence: 'Under article 12 of the Convention' in a CRPD GC on legal capacity."}]},{"id":"crpd-c-gc-1-0014","docId":"crpd-c-gc-1","idx":14,"n":14,"text":"Legal capacity is an inherent right accorded to all people, including persons with disabilities. As noted above, it consists of two strands. The first is legal standing to hold rights and to be recognized as a legal person before the law. This may include, for example, having a birth certificate, seeking medical assistance, registering to be on the electoral role or applying for a passport. The second is legal agency to act on those rights and to have those actions recognized by the law. It is this component that is frequently denied or diminished for persons with disabilities. For example, laws may allow persons with disabilities to own property, but may not always respect the actions taken by them in terms of buying and selling property. Legal capacity means that all people, including persons with disabilities, have legal standing and legal agency simply by virtue of being human. Therefore, both strands of legal capacity must be recognized for the right to legal capacity to be fulfilled; they cannot be separated. The concept of mental capacity is highly controversial in and of itself. Mental capacity is not, as is commonly presented, an objective, scientific and naturally occurring phenomenon. Mental capacity is contingent on social and political contexts, as are the disciplines, professions and practices which play a dominant role in assessing mental capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 2"]},{"id":"crpd-c-gc-1-0015","docId":"crpd-c-gc-1","idx":15,"n":15,"text":"In most of the State party reports that the Committee has examined so far, the concepts of mental and legal capacity have been conflated so that where a person is considered to have impaired decision-making skills, often because of a cognitive or psychosocial disability, his or her legal capacity to make a particular decision is consequently removed. This is decided simply on the basis of the diagnosis of an impairment (status approach), or where a person makes a decision that is considered to have negative consequences (outcome approach), or where a person’s decision-making skills are considered to be deficient (functional approach). The functional approach attempts to assess mental capacity and deny legal capacity accordingly. It is often based on whether a person can understand the nature and consequences of a decision and/or whether he or she can use or weigh the relevant information. This approach is flawed for two key reasons: (a) it is discriminatorily applied to people with disabilities; and (b) it presumes to be able to accurately assess the inner-workings of the human mind and, when the person does not pass the assessment, it then denies him or her a core human right — the right to equal recognition before the law. In all of those approaches, a person’s disability and/or decision-making skills are taken as legitimate grounds for denying his or her legal capacity and lowering his or her status as a person before the law. Article 12 does not permit such discriminatory denial of legal capacity, but, rather, requires that support be provided in the exercise of legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 2"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0016","docId":"crpd-c-gc-1","idx":16,"n":16,"text":"Article 12, paragraph 3, recognizes that States parties have an obligation to provide persons with disabilities with access to support in the exercise of their legal capacity. States parties must refrain from denying persons with disabilities their legal capacity and must, rather, provide persons with disabilities access to the support necessary to enable them to make decisions that have legal effect.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 3"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0017","docId":"crpd-c-gc-1","idx":17,"n":17,"text":"Support in the exercise of legal capacity must respect the rights, will and preferences of persons with disabilities and should never amount to substitute decision-making. Article 12, paragraph 3, does not specify what form the support should take. “Support” is a broad term that encompasses both informal and formal support arrangements, of varying types and intensity. For example, persons with disabilities may choose one or more trusted support persons to assist them in exercising their legal capacity for certain types of decisions, or may call on other forms of support, such as peer support, advocacy (including self-advocacy support), or assistance with communication. Support to persons with disabilities in the exercise of their legal capacity might include measures relating to universal design and accessibility — for example, requiring private and public actors, such as banks and financial institutions, to provide information in an understandable format or to provide professional sign language interpretation — in order to enable persons with disabilities to perform the legal acts required to open a bank account, conclude contracts or conduct other social transactions. Support can also constitute the development and recognition of diverse, non-conventional methods of communication, especially for those who use non-verbal forms of communication to express their will and preferences. For many persons with disabilities, the ability to plan in advance is an important form of support, whereby they can state their will and preferences which should be followed at a time when they may not be in a position to communicate their wishes to others. All persons with disabilities have the right to engage in advance planning and should be given the opportunity to do so on an equal basis with others. States parties can provide various forms of advance planning mechanisms to accommodate various preferences, but all the options should be non-discriminatory. Support should be provided to a person, where desired, to complete an advance planning process. The point at which an advance directive enters into force (and ceases to have effect) should be decided by the person and included in the text of the directive; it should not be based on an assessment that the person lacks mental capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 3"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0018","docId":"crpd-c-gc-1","idx":18,"n":18,"text":"The type and intensity of support to be provided will vary significantly from one person to another owing to the diversity of persons with disabilities. This is in accordance with article 3 (d), which sets out “respect for difference and acceptance of persons with disabilities as part of human diversity and humanity” as a general principle of the Convention. At all times, including in crisis situations, the individual autonomy and capacity of persons with disabilities to make decisions must be respected.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 3"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-1-0019","docId":"crpd-c-gc-1","idx":19,"n":19,"text":"Some persons with disabilities only seek recognition of their right to legal capacity on an equal basis with others, as provided for in article 12, paragraph 2, of the Convention, and may not wish to exercise their right to support, as provided for in article 12, paragraph 3.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 3"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0020","docId":"crpd-c-gc-1","idx":20,"n":20,"text":"Article 12, paragraph 4, outlines the safeguards that must be present in a system of support in the exercise of legal capacity. Article 12, paragraph 4, must be read in conjunction with the rest of article 12 and the whole Convention. It requires States parties to create appropriate and effective safeguards for the exercise of legal capacity. The primary purpose of these safeguards must be to ensure the respect of the person’s rights, will and preferences. In order to accomplish this, the safeguards must provide protection from abuse on an equal basis with others.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 4"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0021","docId":"crpd-c-gc-1","idx":21,"n":21,"text":"Where, after significant efforts have been made, it is not practicable to determine the will and preferences of an individual, the “best interpretation of will and preferences” must replace the “best interests” determinations. This respects the rights, will and preferences of the individual, in accordance with article 12, paragraph 4. The “best interests” principle is not a safeguard which complies with article 12 in relation to adults. The “will and preferences” paradigm must replace the “best interests” paradigm to ensure that persons with disabilities enjoy the right to legal capacity on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 4"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0022","docId":"crpd-c-gc-1","idx":22,"n":22,"text":"All people risk being subject to “undue influence”, yet this may be exacerbated for those who rely on the support of others to make decisions. Undue influence is characterized as occurring, where the quality of the interaction between the support person and the person being supported includes signs of fear, aggression, threat, deception or manipulation. Safeguards for the exercise of legal capacity must include protection against undue influence; however, the protection must respect the rights, will and preferences of the person, including the right to take risks and make mistakes.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 4"]},{"id":"crpd-c-gc-1-0023","docId":"crpd-c-gc-1","idx":23,"n":23,"text":"Article 12, paragraph 5, requires States parties to take measures, including legislative, administrative, judicial and other practical measures, to ensure the rights of persons with disabilities with respect to financial and economic affairs, on an equal basis with others. Access to finance and property has traditionally been denied to persons with disabilities based on the medical model of disability. That approach of denying persons with disabilities legal capacity for financial matters must be replaced with support to exercise legal capacity, in accordance with article 12, paragraph 3. In the same way as gender may not be used as the basis for discrimination in the areas of finance and property,[[fn:1]] neither may disability.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"footnotes":[{"n":1,"text":"See the Convention on the Elimination of All Forms of Discrimination against Women, art. 13 (b)."}],"section":["II. Normative content of article 12","Article 12, paragraph 5"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0024","docId":"crpd-c-gc-1","idx":24,"n":24,"text":"States parties have an obligation to respect, protect and fulfil the right of all persons with disabilities to equal recognition before the law. In this regard, States parties should refrain from any action that deprives persons with disabilities of the right to equal recognition before the law. States parties should take action to prevent non-State actors and private persons from interfering with the ability of persons with disabilities to realize and enjoy their human rights, including the right to legal capacity. One of the aims of support in the exercise of legal capacity is to build the confidence and skills of persons with disabilities so that they can exercise their legal capacity with less support in the future, if they so wish. States parties have an obligation to provide training for persons receiving support so that they can decide when less support is needed or when they no longer require support in the exercise of their legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-1-0025","docId":"crpd-c-gc-1","idx":25,"n":25,"text":"In order to fully recognize “universal legal capacity”, whereby all persons, regardless of disability or decision-making skills, inherently possess legal capacity, States parties must abolish denials of legal capacity that are discriminatory on the basis of disability in purpose or effect.[[fn:2]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"footnotes":[{"n":2,"text":"See the Convention on the Rights of Persons with Disabilities, art. 2, in conjunction with art. 5."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-1-0026","docId":"crpd-c-gc-1","idx":26,"n":26,"text":"In its concluding observations on States parties’ initial reports, in relation to article 12, the Committee on the Rights of Persons with Disabilities has repeatedly stated that States parties must “review the laws allowing for guardianship and trusteeship, and take action to develop laws and policies to replace regimes of substitute decision-making by supported decision-making, which respects the person’s autonomy, will and preferences”.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0027","docId":"crpd-c-gc-1","idx":27,"n":27,"text":"Substitute decision-making regimes can take many different forms, including plenary guardianship, judicial interdiction and partial guardianship. However, these regimes have certain common characteristics: they can be defined as systems where (i) legal capacity is removed from a person, even if this is in respect of a single decision; (ii) a substitute decision-maker can be appointed by someone other than the person concerned, and this can be done against his or her will; and (iii) any decision made by a substitute decision-maker is based on what is believed to be in the objective “best interests” of the person concerned, as opposed to being based on the person’s own will and preferences.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-1-0028","docId":"crpd-c-gc-1","idx":28,"n":28,"text":"States parties’ obligation to replace substitute decision-making regimes by supported decision-making requires both the abolition of substitute decision-making regimes and the development of supported decision-making alternatives. The development of supported decision-making systems in parallel with the maintenance of substitute decision-making regimes is not sufficient to comply with article 12 of the Convention.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0029","docId":"crpd-c-gc-1","idx":29,"n":29,"text":"29. A supported decision-making regime comprises various support options which give primacy to a person’s will and preferences and respect human rights norms. It should provide protection for all rights, including those related to autonomy (right to legal capacity, right to equal recognition before the law, right to choose where to live, etc.) and rights related to freedom from abuse and ill-treatment (right to life, right to physical integrity, etc.). Furthermore, systems of supported decision-making should not over-regulate the lives of persons with disabilities. While supported decision-making regimes can take many forms, they should all incorporate certain key provisions to ensure compliance with article 12 of the Convention, including the following: (a) Supported decision-making must be available to all. A person’s level of support needs, especially where these are high, should not be a barrier to obtaining support in decision-making; (b) All forms of support in the exercise of legal capacity, including more intensive forms of support, must be based on the will and preference of the person, not on what is perceived as being in his or her objective best interests; (c) A person’s mode of communication must not be a barrier to obtaining support in decision-making, even where this communication is non-conventional, or understood by very few people; (d) Legal recognition of the support person(s) formally chosen by a person must be available and accessible, and States have an obligation to facilitate the creation of support, particularly for people who are isolated and may not have access to naturally occurring support in the community. This must include a mechanism for third parties to verify the identity of a support person as well as a mechanism for third parties to challenge the action of a support person if they believe that the support person is not acting in accordance with the will and preferences of the person concerned; (e) In order to comply with the requirement, set out in article 12, paragraph 3, of the Convention, for States parties to take measures to “provide access” to the support required, States parties must ensure that support is available at nominal or no cost to persons with disabilities and that lack of financial resources is not a barrier to accessing support in the exercise of legal capacity; (f) Support in decision-making must not be used as justification for limiting other fundamental rights of persons with disabilities, especially the right to vote, the right to marry, or establish a civil partnership, and found a family, reproductive rights, parental rights, the right to give consent for intimate relationships and medical treatment, and the right to liberty; (g) The person must have the right to refuse support and terminate or change the support relationship at any time; (h) Safeguards must be set up for all processes relating to legal capacity and support in exercising legal capacity. The goal of safeguards is to ensure that the person’s will and preferences are respected. (i) The provision of support to exercise legal capacity should not hinge on mental capacity assessments; new, non-discriminatory indicators of support needs are required in the provision of support to exercise legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0030","docId":"crpd-c-gc-1","idx":30,"n":30,"text":"The right to equality before the law has long been recognized as a civil and political right, with roots in the International Covenant on Civil and Political Rights. Civil and political rights attach at the moment of ratification and States parties are required to take steps to immediately realize those rights. As such, the rights provided for in article 12 apply at the moment of ratification and are subject to immediate realization. The State obligation, provided for in article 12, paragraph 3, to provide access to support in the exercise of legal capacity is an obligation for the fulfilment of the civil and political right to equal recognition before the law. “Progressive realization” (art. 4, para. 2) does not apply to the provisions of article 12. Upon ratifying the Convention, States parties must immediately begin taking steps towards the realization of the rights provided for in article 12. Those steps must be deliberate, well-planned and include consultation with and meaningful participation of people with disabilities and their organizations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0031","docId":"crpd-c-gc-1","idx":31,"n":31,"text":"Recognition of legal capacity is inextricably linked to the enjoyment of many other human rights provided for in the Convention on the Rights of Persons with Disabilities, including, but not limited to, the right to access justice (art. 13); the right to be free from involuntary detention in a mental health facility and not to be forced to undergo mental health treatment (art. 14); the right to respect for one’s physical and mental integrity (art. 17); the right to liberty of movement and nationality (art. 18); the right to choose where and with whom to live (art. 19); the right to freedom of expression (art. 21); the right to marry and found a family (art. 23); the right to consent to medical treatment (art. 25); and the right to vote and stand for election (art. 29). Without recognition of the person as a person before the law, the ability to assert, exercise and enforce those rights, and many other rights provided for in the Convention, is significantly compromised.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"13","source":"regex"},{"treaty":"CRPD","article":"14","source":"regex"},{"treaty":"CRPD","article":"17","source":"regex"},{"treaty":"CRPD","article":"18","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"23","source":"regex"},{"treaty":"CRPD","article":"25","source":"regex"},{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-1-0032","docId":"crpd-c-gc-1","idx":32,"n":32,"text":"To achieve equal recognition before the law, legal capacity must not be denied discriminatorily. Article 5 of the Convention guarantees equality for all persons under and before the law and the right to equal protection of the law. It expressly prohibits all discrimination on the basis of disability. Discrimination on the basis of disability is defined in article 2 of the Convention as “any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms”. Denial of legal capacity having the purpose or effect of interfering with the right of persons with disabilities to equal recognition before the law is a violation of articles 5 and 12 of the Convention. States have the ability to restrict the legal capacity of a person based on certain circumstances, such as bankruptcy or criminal conviction. However, the right to equal recognition before the law and freedom from discrimination requires that when the State denies legal capacity, it must be on the same basis for all persons. Denial of legal capacity must not be based on a personal trait such as gender, race, or disability, or have the purpose or effect of treating the person differently.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 5: Equality and non-discrimination"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"2","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0033","docId":"crpd-c-gc-1","idx":33,"n":33,"text":"Freedom from discrimination in the recognition of legal capacity restores autonomy and respects the human dignity of the person in accordance with the principles enshrined in article 3 (a) of the Convention. Freedom to make one’s own choices most often requires legal capacity. Independence and autonomy include the power to have one’s decisions legally respected. The need for support and reasonable accommodation in making decisions shall not be used to question a person’s legal capacity. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity (art. 3 (d)) is incompatible with granting legal capacity on an assimilationist basis.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 5: Equality and non-discrimination"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-1-0034","docId":"crpd-c-gc-1","idx":34,"n":34,"text":"Non-discrimination includes the right to reasonable accommodation in the exercise of legal capacity (art. 5, para. 3). Reasonable accommodation is defined in article 2 of the Convention as “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”. The right to reasonable accommodation in the exercise of legal capacity is separate from, and complementary to, the right to support in the exercise of legal capacity. States parties are required to make any necessary modifications or adjustments to allow persons with disabilities to exercise their legal capacity, unless it is a disproportionate or undue burden. Such modifications or adjustments may include, but are not limited to, access to essential buildings such as courts, banks, social benefit offices and voting venues; accessible information regarding decisions which have legal effect; and personal assistance. The right to support in the exercise of legal capacity shall not be limited by the claim of disproportionate or undue burden. The State has an absolute obligation to provide access to support in the exercise of legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 5: Equality and non-discrimination"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"2","source":"regex"}]},{"id":"crpd-c-gc-1-0035","docId":"crpd-c-gc-1","idx":35,"n":35,"text":"Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women provides for women’s legal capacity on an equal basis with men, thereby acknowledging that recognition of legal capacity is integral to equal recognition before the law: “States parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals” (para. 2). This provision applies to all women, including women with disabilities. The Convention on the Rights of Persons with Disabilities recognizes that women with disabilities may be subject to multiple and intersectional forms of discrimination based on gender and disability. For example, women with disabilities are subjected to high rates of forced sterilization, and are often denied control of their reproductive health and decision-making, the assumption being that they are not capable of consenting to sex. Certain jurisdictions also have higher rates of imposing substitute decision-makers on women than on men. Therefore, it is particularly important to reaffirm that the legal capacity of women with disabilities should be recognized on an equal basis with others.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 6: Women with disabilities"],"citedArticles":[{"article":"15","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women provides for women's legal capacity'. regex_default_treaty=CRPD but clear textual override to CEDAW."}]},{"id":"crpd-c-gc-1-0036","docId":"crpd-c-gc-1","idx":36,"n":36,"text":"While article 12 of the Convention protects equality before the law for all persons, regardless of age, article 7 of the Convention recognizes the developing capacities of children and requires that “in all actions concerning children with disabilities, the best interests of the child … be a primary consideration” (para. 2) and that “their views [be] given due weight in accordance with their age and maturity” (para. 3). To comply with article 12, States parties must examine their laws to ensure that the will and preferences of children with disabilities are respected on an equal basis with other children.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 7: Children with disabilities"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"7","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0037","docId":"crpd-c-gc-1","idx":37,"n":37,"text":"The rights provided for in article 12 are closely tied to State obligations relating to accessibility (art. 9) because the right to equal recognition before the law is necessary to enable persons with disabilities to live independently and participate fully in all aspects of life. Article 9 requires the identification and elimination of barriers to facilities or services open or provided to the public. Lack of accessibility to information and communication and inaccessible services may constitute barriers to the realization of legal capacity for some persons with disabilities, in practice. Therefore, States parties must make all procedures for the exercise of legal capacity, and all information and communication pertaining to it, fully accessible. States parties must review their laws and practices to ensure that the right to legal capacity and accessibility are being realized.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 9: Accessibility"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-1-0038","docId":"crpd-c-gc-1","idx":38,"n":38,"text":"States parties have an obligation to ensure that persons with disabilities have access to justice on an equal basis with others. The recognition of the right to legal capacity is essential for access to justice in many respects. In order to seek enforcement of their rights and obligations on an equal basis with others, persons with disabilities must be recognized as persons before the law with equal standing in courts and tribunals. States parties must also ensure that persons with disabilities have access to legal representation on an equal basis with others. This has been identified as a problem in many jurisdictions and must be remedied, including by ensuring that persons who experience interference with their right to legal capacity have the opportunity to challenge such interference — on their own behalf or with legal representation — and to defend their rights in court. Persons with disabilities have often been excluded from key roles in the justice system as lawyers, judges, witnesses or members of a jury.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 13: Access to justice"]},{"id":"crpd-c-gc-1-0039","docId":"crpd-c-gc-1","idx":39,"n":39,"text":"Police officers, social workers and other first responders must be trained to recognize persons with disabilities as full persons before the law and to give the same weight to complaints and statements from persons with disabilities as they would to non-disabled persons. This entails training and awareness-raising in these important professions. Persons with disabilities must also be granted legal capacity to testify on an equal basis with others. Article 12 of the Convention guarantees support in the exercise of legal capacity, including the capacity to testify in judicial, administrative and other legal proceedings. Such support could take various forms, including recognition of diverse communication methods, allowing video testimony in certain situations, procedural accommodation, the provision of professional sign language interpretation and other assistive methods. The judiciary must also be trained and made aware of their obligation to respect the legal capacity of persons with disabilities, including legal agency and standing.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 13: Access to justice"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0040","docId":"crpd-c-gc-1","idx":40,"n":40,"text":"Respecting the right to legal capacity of persons with disabilities on an equal basis with others includes respecting the right of persons with disabilities to liberty and security of the person. The denial of the legal capacity of persons with disabilities and their detention in institutions against their will, either without their consent or with the consent of a substitute decision-maker, is an ongoing problem. This practice constitutes arbitrary deprivation of liberty and violates articles 12 and 14 of the Convention. States parties must refrain from such practices and establish a mechanism to review cases whereby persons with disabilities have been placed in a residential setting without their specific consent.","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Articles 14 and 25: Liberty, security and consent"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"14","source":"regex"}]},{"id":"crpd-c-gc-1-0041","docId":"crpd-c-gc-1","idx":41,"n":41,"text":"The right to enjoyment of the highest attainable standard of health (art. 25) includes the right to health care on the basis of free and informed consent. States parties have an obligation to require all health and medical professionals (including psychiatric professionals) to obtain the free and informed consent of persons with disabilities prior to any treatment. In conjunction with the right to legal capacity on an equal basis with others, States parties have an obligation not to permit substitute decision-makers to provide consent on behalf of persons with disabilities. All health and medical personnel should ensure appropriate consultation that directly engages the person with disabilities. They should also ensure, to the best of their ability, that assistants or support persons do not substitute or have undue influence over the decisions of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Articles 14 and 25: Liberty, security and consent"],"citedArticles":[{"treaty":"CRPD","article":"25","source":"regex"}]},{"id":"crpd-c-gc-1-0042","docId":"crpd-c-gc-1","idx":42,"n":42,"text":"As has been stated by the Committee in several concluding observations, forced treatment by psychiatric and other health and medical professionals is a violation of the right to equal recognition before the law and an infringement of the rights to personal integrity (art. 17); freedom from torture (art. 15); and freedom from violence, exploitation and abuse (art. 16). This practice denies the legal capacity of a person to choose medical treatment and is therefore a violation of article 12 of the Convention. States parties must, instead, respect the legal capacity of persons with disabilities to make decisions at all times, including in crisis situations; must ensure that accurate and accessible information is provided about service options and that non-medical approaches are made available; and must provide access to independent support. States parties have an obligation to provide access to support for decisions regarding psychiatric and other medical treatment. Forced treatment is a particular problem for persons with psychosocial, intellectual and other cognitive disabilities. States parties must abolish policies and legislative provisions that allow or perpetrate forced treatment, as it is an ongoing violation found in mental health laws across the globe, despite empirical evidence indicating its lack of effectiveness and the views of people using mental health systems who have experienced deep pain and trauma as a result of forced treatment. The Committee recommends that States parties ensure that decisions relating to a person’s physical or mental integrity can only be taken with the free and informed consent of the person concerned.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Articles 15, 16 and 17: Respect for personal integrity and freedom from torture, violence, exploitation and abuse"],"citedArticles":[{"treaty":"CRPD","article":"17","source":"regex"},{"treaty":"CRPD","article":"15","source":"regex"},{"treaty":"CRPD","article":"16","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0043","docId":"crpd-c-gc-1","idx":43,"n":43,"text":"Persons with disabilities have the right to a name and registration of their birth as part of the right to recognition everywhere as a person before the law (art. 18, para. 2). States parties must take the necessary measures to ensure that children with disabilities are registered at birth. This right is provided for in the Convention on the Rights of the Child (art. 7); however, children with disabilities are disproportionately likely not to be registered as compared with other children. This not only denies them citizenship, but often also denies them access to health care and education, and can even lead to their death. Since there is no official record of their existence, their death may occur with relative impunity.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 18: Nationality"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"7","source":"regex"}]},{"id":"crpd-c-gc-1-0044","docId":"crpd-c-gc-1","idx":44,"n":44,"text":"To fully realize the rights provided for in article 12, it is imperative that persons with disabilities have opportunities to develop and express their will and preferences, in order to exercise their legal capacity on an equal basis with others. This means that persons with disabilities must have the opportunity to live independently in the community and to make choices and to have control over their everyday lives, on an equal basis with others, as provided for in article 19.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 19: Living independently and being included in the community"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-1-0045","docId":"crpd-c-gc-1","idx":45,"n":45,"text":"Interpreting article 12, paragraph 3, in the light of the right to live in the community (art. 19) means that support in the exercise of legal capacity should be provided through a community-based approach. States parties must recognize that communities are assets and partners in the process of learning what types of support are needed in the exercise of legal capacity, including raising awareness about different support options. States parties must recognize the social networks and naturally occurring community support (including friends, family and schools) of persons with disabilities as key to supported decision-making. This is consistent with the Convention’s emphasis on the full inclusion and participation of persons with disabilities in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 19: Living independently and being included in the community"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-1-0046","docId":"crpd-c-gc-1","idx":46,"n":46,"text":"The segregation of persons with disabilities in institutions continues to be a pervasive and insidious problem that violates a number of the rights guaranteed under the Convention. The problem is exacerbated by the widespread denial of legal capacity to persons with disabilities, which allows others to consent to their placement in institutional settings. The directors of institutions are also commonly vested with the legal capacity of the persons residing therein. This places all power and control over the person in the hands of the institution. In order to comply with the Convention and respect the human rights of persons with disabilities, deinstitutionalization must be achieved and legal capacity must be restored to all persons with disabilities, who must be able to choose where and with whom to live (art. 19). A person’s choice of where and with whom to live should not affect his or her right to access support in the exercise of his or her legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 19: Living independently and being included in the community"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-1-0047","docId":"crpd-c-gc-1","idx":47,"n":47,"text":"Substitute decision-making regimes, in addition to being incompatible with article 12 of the Convention, also potentially violate the right to privacy of persons with disabilities, as substitute decision-makers usually gain access to a wide range of personal and other information regarding the person. In establishing supported decision-making systems, States parties must ensure that those providing support in the exercise of legal capacity fully respect the right to privacy of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 22: Privacy"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0048","docId":"crpd-c-gc-1","idx":48,"n":48,"text":"Denial or restriction of legal capacity has been used to deny political participation, especially the right to vote, to certain persons with disabilities. In order to fully realize the equal recognition of legal capacity in all aspects of life, it is important to recognize the legal capacity of persons with disabilities in public and political life (art. 29). This means that a person’s decision-making ability cannot be a justification for any exclusion of persons with disabilities from exercising their political rights, including the right to vote, the right to stand for election and the right to serve as a member of a jury.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 29: Political participation"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-1-0049","docId":"crpd-c-gc-1","idx":49,"n":49,"text":"States parties have an obligation to protect and promote the right of persons with disabilities to access the support of their choice in voting by secret ballot, and to participate in all elections and referendums without discrimination. The Committee further recommends that States parties guarantee the right of persons with disabilities to stand for election, to hold office effectively and to perform all public functions at all levels of government, with reasonable accommodation and support, where desired, in the exercise of their legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 29: Political participation"]},{"id":"crpd-c-gc-1-0050","docId":"crpd-c-gc-1","idx":50,"n":50,"text":"50. In the light of the normative content and obligations outlined above, States parties should take the following steps to ensure the full implementation of article 12 of the Convention on the Rights of Persons with Disabilities: (a) Recognize persons with disabilities as persons before the law, having legal personality and legal capacity in all aspects of life, on an equal basis with others. This requires the abolition of substitute decision-making regimes and mechanisms that deny legal capacity and which discriminate in purpose or effect against persons with disabilities. It is recommended that States parties create statutory language protecting the right to legal capacity on an equal basis for all; (b) Establish, recognize and provide persons with disabilities with access to a broad range of support in the exercise of their legal capacity. Safeguards for such support must be premised on respect for the rights, will and preferences of persons with disabilities. The support should meet the criteria set out in paragraph 29 above on the obligations of States parties to comply with article 12, paragraph 3, of the Convention; (c) Closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations, in the development and implementation of legislation, policies and other decision-making processes that give effect to article 12.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0051","docId":"crpd-c-gc-1","idx":51,"n":51,"text":"The Committee encourages States parties to undertake or devote resources to the research and development of best practices respecting the right to equal recognition of the legal capacity of persons with disabilities and support in the exercise of legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-1-0052","docId":"crpd-c-gc-1","idx":52,"n":52,"text":"States parties are encouraged to develop effective mechanisms to combat both formal and informal substitute decision-making. To this end, the Committee urges States parties to ensure that persons with disabilities have the opportunity to make meaningful choices in their lives and develop their personalities, to support the exercise of their legal capacity. This includes, but is not limited to, opportunities to build social networks; opportunities to work and earn a living on an equal basis with others; multiple choices for place of residence in the community; and inclusion in education at all levels.","labels":["Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-2-0001","docId":"crpd-c-gc-2","idx":1,"n":1,"text":"Accessibility is a precondition for persons with disabilities to live independently and participate fully and equally in society. Without access to the physical environment, to transportation, to information and communication, including information and communications technologies and systems, and to other facilities and services open or provided to the public, persons with disabilities would not have equal opportunities for participation in their respective societies. It is no coincidence that accessibility is one of the principles on which the Convention on the Rights of Persons with Disabilities is based (art. 3 (f)). Historically, the persons with disabilities movement has argued that access to the physical environment and public transport for persons with disabilities is a precondition for freedom of movement, as guaranteed under article 13 of the Universal Declaration of Human Rights and article 12 of the International Covenant on Civil and Political Rights. Similarly, access to information and communication is seen as a precondition for freedom of opinion and expression, as guaranteed under article 19 of the Universal Declaration of Human Rights and article 19, paragraph 2, of the International Covenant on Civil and Political Rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"article":"3","paragraph":"f","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly cites 'the Convention on the Rights of Persons with Disabilities … (art. 3 (f))'."},{"article":"13","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 13 to the Universal Declaration of Human Rights, a non-binding instrument."},{"article":"12","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 12 of the International Covenant on Civil and Political Rights'."},{"article":"19","treaty":"?","confidence":"high","source":"opus","rationale":"First art. 19 instance: text expressly attributes it to the Universal Declaration of Human Rights."},{"article":"19","paragraph":"2","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Second art. 19 instance: text expressly cites 'article 19, paragraph 2, of the International Covenant on Civil and Political Rights'."}]},{"id":"crpd-c-gc-2-0002","docId":"crpd-c-gc-2","idx":2,"n":2,"text":"Article 25 (c) of the International Covenant on Civil and Political Rights enshrines the right of every citizen to have access, on general terms of equality, to public service in his or her country. The provisions of this article could serve as a basis to incorporate the right of access into the core human rights treaties.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"crpd-c-gc-2-0003","docId":"crpd-c-gc-2","idx":3,"n":3,"text":"The International Convention on the Elimination of All Forms of Racial Discrimination guarantees everyone the right of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafes, theatres and parks (art. 5 (f)). Thus, a precedent has been established in the international human rights legal framework for viewing the right to access as a right per se. Admittedly, for members of different racial or ethnic groups, the barriers to free access to places and services open to the public were the result of prejudicial attitudes and a readiness to use force in preventing access to spaces that were physically accessible. However, persons with disabilities face technical and environmental — in most cases, human-built environmental — barriers such as steps at the entrances of buildings, the absence of lifts in multi-floor buildings and a lack of information in accessible formats. The built environment always relates to social and cultural development as well as customs; therefore the built environment is under the full control of society. Such artificial barriers are often the result of a lack of information and technical know-how rather than a conscious will to prevent persons with disabilities from accessing places or services intended for use by the general public. In order to introduce policies that allow better accessibility for persons with disabilities, it is necessary to change attitudes towards persons with disabilities in order to fight against stigma and discrimination, through ongoing education efforts, awareness-raising, cultural campaigns and communication.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-2-0004","docId":"crpd-c-gc-2","idx":4,"n":4,"text":"The International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination clearly establish the right of access as part of international human rights law. Accessibility should be viewed as a disability-specific reaffirmation of the social aspect of the right of access. The Convention on the Rights of Persons with Disabilities includes accessibility as one of its key underlying principles — a vital precondition for the effective and equal enjoyment of civil, political, economic, social and cultural rights by persons with disabilities. Accessibility should be viewed not only in the context of equality and non-discrimination, but also as a way of investing in society and as an integral part of the sustainable development agenda.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0005","docId":"crpd-c-gc-2","idx":5,"n":5,"text":"While different people and organizations understand differently what information and communications technology (ICT) means, it is generally acknowledged that ICT is an umbrella term that includes any information and communication device or application and its content. Such a definition encompasses a wide range of access technologies, such as radio, television, satellite, mobile phones, fixed lines, computers, network hardware and software. The importance of ICT lies in its ability to open up a wide range of services, transform existing services and create greater demand for access to information and knowledge, particularly in underserved and excluded populations, such as persons with disabilities. Article 12 of the International Telecommunication Regulations (adopted in Dubai in 2012) enshrines the right for persons with disabilities to access international telecommunication services, taking into account the relevant International Telecommunication Union (ITU) recommendations. The provisions of that article could serve as a basis for reinforcing States parties’ national legislative frameworks.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-2-0006","docId":"crpd-c-gc-2","idx":6,"n":6,"text":"In its general comment No. 5 (1994) on persons with disabilities, the Committee on Economic, Social and Cultural Rights evoked the duty of States to implement the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities.[[fn:1]] The Standard Rules highlight the significance of the accessibility of the physical environment, transport, information and communication for the equalization of opportunities for persons with disabilities. The concept is developed in rule 5, in which access to the physical environment, and access to information and communication are targeted as areas for priority action for States. The significance of accessibility can be derived also from general comment No. 14 (2000) of the Committee on Economic, Social and Cultural Rights on the right to the highest attainable standard of health (para. 12). In its general comment No. 9 (2006) on the rights of children with disabilities, the Committee on the Rights of the Child emphasizes that the physical inaccessibility of public transportation and other facilities, including governmental buildings, shopping areas and recreational facilities, is a major factor in the marginalization and exclusion of children with disabilities and markedly compromises their access to services, including health and education (para. 39). The importance of accessibility was reiterated by the Committee on the Rights of the Child in its general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"footnotes":[{"n":1,"text":"General Assembly resolution 48/96, annex."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0007","docId":"crpd-c-gc-2","idx":7,"n":7,"text":"The World Report on Disability Summary, published in 2011 by the World Health Organization and the World Bank within the framework of the largest consultation ever and with the active involvement of hundreds of professionals in the field of disability, stresses that the built environment, transport systems and information and communication are often inaccessible to persons with disabilities (p. 10). Persons with disabilities are prevented from enjoying some of their basic rights, such as the right to seek employment or the right to health care, owing to a lack of accessible transport. The level of implementation of accessibility laws remains low in many countries and persons with disabilities are often denied their right to freedom of expression owing to the inaccessibility of information and communication. Even in countries where sign language interpretation services exist for deaf persons, the number of qualified interpreters is usually too low to meet the increasing demand for their services, and the fact that the interpreters have to travel individually to clients makes the use of their services too expensive. Persons with intellectual and psychosocial disabilities as well as deaf-blind persons face barriers when attempting to access information and communication owing to a lack of easy-to-read formats and augmentative and alternative modes of communication. They also face barriers when attempting to access services due to prejudices and a lack of adequate training of the staff providing those services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0008","docId":"crpd-c-gc-2","idx":8,"n":8,"text":"The report, Making Television Accessible, published in 2011 by the International Telecommunication Union in cooperation with the Global Initiative for Inclusive Information and Communication Technologies, highlights that a significant proportion of the one billion people who live with some form of disability are unable to enjoy the audiovisual content of television. This is due to the inaccessibility of content, information and/or devices necessary for them to access those services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0009","docId":"crpd-c-gc-2","idx":9,"n":9,"text":"Accessibility was recognized by the mainstream ICT community since the first phase of the World Summit on Information Society, held in Geneva in 2003. Introduced and driven by the disability community, the concept was incorporated in the Declaration of Principles adopted by the Summit, which in paragraph 25 state, “the sharing and strengthening of global knowledge for development can be enhanced by removing barriers to equitable access to information for economic, social, political, health, cultural, educational, and scientific activities and by facilitating access to public domain information, including by universal design and the use of assistive technologies”.[[fn:2]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"footnotes":[{"n":2,"text":"See “Declaration of Principles: Building the Information Society: a global challenge in the new Millennium”, adopted by the World Summit on the Information Society at its first phase, held in Geneva in 2003 (WSIS-03/GENEVA/DOC/4-E), para. 25."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0010","docId":"crpd-c-gc-2","idx":10,"n":10,"text":"The Committee on the Rights of Persons with Disabilities has considered accessibility as one of the key issues in each of the 10 interactive dialogues it has held with States parties during the consideration of their initial reports, prior to the drafting of the present general comment. The concluding observations on those reports all contain recommendations concerning accessibility. One common challenge has been the lack of an adequate monitoring mechanism to ensure the practical implementation of accessibility standards and relevant legislation. In some States parties, monitoring was the responsibility of local authorities that lacked the technical knowledge and the human and material resources to ensure effective implementation. Another common challenge has been the lack of training provided to the relevant stakeholders and insufficient involvement of persons with disabilities and their representative organizations in the process of ensuring access to the physical environment, transport, information and communication.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0011","docId":"crpd-c-gc-2","idx":11,"n":11,"text":"The Committee on the Rights of Persons with Disabilities has also addressed the issue of accessibility in its jurisprudence. In the case of Nyusti and Takács v. Hungary (communication No. 1/2010, Views adopted on 16 April 2013), the Committee was of the view that all services open or provided to the public must be accessible in accordance with the provisions of article 9 of the Convention on the Rights of Persons with Disabilities. The State party was called upon to ensure that blind persons had access to automatic teller machines (ATMs). The Committee recommended, inter alia, that the State party establish “minimum standards for the accessibility of banking services provided by private financial institutions for persons with visual and other types of impairments; … create a legislative framework with concrete, enforceable and time-bound benchmarks for monitoring and assessing the gradual modification and adjustment by private financial institutions of previously inaccessible banking services provided by them into accessible ones; … and ensure that all newly procured ATMs and other banking services are fully accessible for persons with disabilities” (para. 10.2 (a)).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0012","docId":"crpd-c-gc-2","idx":12,"n":12,"text":"Given these precedents and the fact that accessibility is indeed a vital precondition for persons with disabilities to participate fully and equally in society and enjoy effectively all their human rights and fundamental freedoms, the Committee finds it necessary to adopt a general comment on article 9 of the Convention on accessibility, in accordance with its rules of procedure and the established practice of the human rights treaty bodies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0013","docId":"crpd-c-gc-2","idx":13,"n":13,"text":"Article 9 of the Convention on the Rights of Persons with Disabilities stipulates that, “to enable persons with disabilities to live independently and participate fully in all aspects of life, States parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communication, including information and communication technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas”. It is important that accessibility is addressed in all its complexity, encompassing the physical environment, transportation, information and communication, and services. The focus is no longer on legal personality and the public or private nature of those who own buildings, transport infrastructure, vehicles, information and communication, and services. As long as goods, products and services are open or provided to the public, they must be accessible to all, regardless of whether they are owned and/or provided by a public authority or a private enterprise. Persons with disabilities should have equal access to all goods, products and services that are open or provided to the public in a manner that ensures their effective and equal access and respects their dignity. This approach stems from the prohibition against discrimination; denial of access should be considered to constitute a discriminatory act, regardless of whether the perpetrator is a public or private entity. Accessibility should be provided to all persons with disabilities, regardless of the type of impairment, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, legal or social status, gender or age. Accessibility should especially take into account the gender and age perspectives for persons with disabilities.","labels":["Women/girls","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0014","docId":"crpd-c-gc-2","idx":14,"n":14,"text":"Article 9 of the Convention clearly enshrines accessibility as the precondition for persons with disabilities to live independently, participate fully and equally in society, and have unrestricted enjoyment of all their human rights and fundamental freedoms on an equal basis with others. Article 9 has roots in existing human rights treaties, such as article 25 (c) of the International Covenant on Civil and Political Rights on the right to equal access to public service, and article 5 (f) of the International Convention on the Elimination of All Forms of Racial Discrimination on the right of access to any place or service intended for public use. When those two core human rights treaties were adopted, the Internet, which has changed the world dramatically, did not exist. The Convention on the Rights of Persons with Disabilities is the first human rights treaty of the 21st century to address access to ICTs; and it does not create new rights in that regard for persons with disabilities. Furthermore, the notion of equality in international law has also changed over the past decades, with the conceptual shift from formal equality to substantive equality having an impact on the duties of States parties. States’ obligation to provide accessibility is an essential part of the new duty to respect, protect and fulfil equality rights. Accessibility should therefore be considered in the context of the right to access from the specific perspective of disability. The right to access for persons with disabilities is ensured through strict implementation of accessibility standards. Barriers to access to existing objects, facilities, goods and services aimed at or open to the public shall be removed gradually in a systematic and, more importantly, continuously monitored manner, with the aim of achieving full accessibility.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"article":"9","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text says 'Article 9 of the Convention clearly enshrines accessibility' — 'the Convention' in this CRPD document is CRPD; confirmed by regex_default_treaty=CRPD."},{"article":"9","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'Article 9 has roots in existing human rights treaties' reaffirming the CRPD article 9 subject. regex_default_treaty=CRPD."},{"article":"25","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 25 (c) of the International Covenant on Civil and Political Rights on the right to equal access to public service'."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 5 (f) of the International Convention on the Elimination of All Forms of Racial Discrimination on the right of access to any place or service intended for public use'."}]},{"id":"crpd-c-gc-2-0015","docId":"crpd-c-gc-2","idx":15,"n":15,"text":"The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. It should contribute to the creation of an unrestricted chain of movement for an individual from one space to another, including movement inside particular spaces, with no barriers. Persons with disabilities and other users should be able to move in barrier-free streets, enter accessible low-floor vehicles, access information and communication, and enter and move inside universally designed buildings, using technical aids and live assistance where necessary. The application of universal design does not automatically eliminate the need for technical aids. Its application to a building from the initial design stage helps to make construction much less costly: making a building accessible from the outset might not increase the total cost of construction at all in many cases, or only minimally in some cases. On the other hand, the cost of subsequent adaptations in order to make a building accessible may be considerable in some cases, especially with regard to certain historical buildings. While the initial application of universal design is more economical, the potential cost of subsequent removal of barriers may not be used as an excuse to avoid the obligation to remove barriers to accessibility gradually. Accessibility of information and communication, including ICT, should also be achieved from the outset because subsequent adaptations to the Internet and ICT may increase costs. It is therefore more economical to incorporate mandatory ICT accessibility features from the earliest stages of design and production.","labels":["Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"]},{"id":"crpd-c-gc-2-0016","docId":"crpd-c-gc-2","idx":16,"n":16,"text":"The application of universal design makes society accessible for all human beings, not only persons with disabilities. It is also significant that article 9 explicitly imposes on States parties the duty to ensure accessibility in both urban and rural areas. Evidence has shown that accessibility is usually better in bigger cities than in remote, less developed rural areas, although extensive urbanization can sometimes also create additional new barriers that prevent access for persons with disabilities, in particular to the built environment, transport and services, as well as more sophisticated information and communication services in heavily populated, bustling urban areas. In both urban and rural areas, access should be available for persons with disabilities to the natural and heritage parts of the physical environment that the public can enter and enjoy.","labels":["Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0017","docId":"crpd-c-gc-2","idx":17,"n":17,"text":"17. Article 9, paragraph 1, requires States parties to identify and eliminate obstacles and barriers to accessibility to, inter alia: Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; Information, communications and other services, including electronic services and emergency services.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0018","docId":"crpd-c-gc-2","idx":18,"n":18,"text":"Article 9, paragraph 2, stipulates the measures States parties must take in order to develop, promulgate and monitor the implementation of minimum national standards for the accessibility of facilities and services open or provided to the public. Those standards shall be in accordance with the standards of other States parties in order to ensure interoperability with regard to free movement within the framework of liberty of movement and nationality (art. 18) of persons with disabilities. States parties are also required to take measures to ensure that private entities that offer facilities and services that are open or provided to the public take into account all aspects of accessibility for persons with disabilities (art. 9, para. 2 (b)).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"18","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0019","docId":"crpd-c-gc-2","idx":19,"n":19,"text":"Since a lack of accessibility is often the result of insufficient awareness and technical know-how, article 9 requires that States parties provide training to all stakeholders on accessibility for persons with disabilities (para. 2 (c)). Article 9 does not attempt to enumerate the relevant stakeholders; any exhaustive list should include the authorities that issue building permits, broadcasting boards and ICT licences, engineers, designers, architects, urban planners, transport authorities, service providers, members of the academic community and persons with disabilities and their organizations. Training should be provided not only to those designing goods, services and products, but also to those who actually produce them. In addition, strengthening the direct involvement of persons with disabilities in product development would improve the understanding of existing needs and the effectiveness of accessibility tests. Ultimately, it is the builders on the construction site who make a building accessible or not. It is important to put in place training and monitoring systems for all these groups in order to ensure the practical application of accessibility standards.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0020","docId":"crpd-c-gc-2","idx":20,"n":20,"text":"Movement and orientation in buildings and other places open to the public can be a challenge for some persons with disabilities if there is no adequate signage, accessible information and communication or support services. Article 9, paragraph 2 (d) and (e), therefore provides that buildings and other places open to the public should have signage in Braille and in easy-to-read and understand forms, and that live assistance and intermediaries, including guides, readers and professional sign-language interpreters should be provided to facilitate accessibility. Without such signage, accessible information and communication and support services, orientation and movement in and through buildings may become impossible for many persons with disabilities, especially those experiencing cognitive fatigue.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0021","docId":"crpd-c-gc-2","idx":21,"n":21,"text":"Without access to information and communication, enjoyment of freedom of thought and expression and many other basic rights and freedoms for persons with disabilities may be seriously undermined and restricted. Article 9, paragraph 2 (f) to (g), of the Convention therefore provide that States parties should promote live assistance and intermediaries, including guides, readers and professional sign language interpreters (para. 2 (e)), promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information, and promote access for persons with disabilities to new information and communications technologies and systems, including the Internet, through the application of mandatory accessibility standards. Information and communication should be available in easy-to-read formats and augmentative and alternative modes and methods to persons with disabilities who use such formats, modes and methods.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0022","docId":"crpd-c-gc-2","idx":22,"n":22,"text":"New technologies can be used to promote the full and equal participation of persons with disabilities in society, but only if they are designed and produced in a way that ensures their accessibility. New investments, research and production should contribute to eliminating inequality, not creating new barriers. Article 9, paragraph 2 (h), therefore calls on States parties to promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost. The use of hearing enhancement systems, including ambient assistive systems to assist hearing aid and induction loop users, and passenger lifts pre-equipped to allow use by persons with disabilities during emergency building evacuations constitute just some of the examples of technological advancements in the service of accessibility.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0023","docId":"crpd-c-gc-2","idx":23,"n":23,"text":"Since accessibility is a precondition for persons with disabilities to live independently, as provided for in article 19 of the Convention, and to participate fully and equally in society, denial of access to the physical environment, transportation, information and communication technologies, and facilities and services open to the public should be viewed in the context of discrimination. Taking “all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities” (art. 4, para. 1 (b)) constitutes the main general obligation for all States parties. “States parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds” (art. 5, para. 2). “In order to promote equality and eliminate discrimination, States parties shall take all appropriate steps to ensure that reasonable accommodation is provided” (art. 5, para. 3).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-2-0024","docId":"crpd-c-gc-2","idx":24,"n":24,"text":"A clear distinction should be drawn between the obligation to ensure access to all newly designed, built or produced objects, infrastructure, goods, products and services and the obligation to remove barriers and ensure access to the existing physical environment and existing transportation, information and communication, and services open to the general public. Another of the States parties’ general obligations is to “undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines” (art. 4, para. 1 (f)). All new objects, infrastructure, facilities, goods, products and services have to be designed in a way that makes them fully accessible for persons with disabilities, in accordance with the principles of universal design. States parties are obliged to ensure that persons with disabilities have access to the existing physical environment, transportation, information and communication and services open to the general public. However, as this obligation is to be implemented gradually, States parties should establish definite time frames and allocate adequate resources for the removal of existing barriers. Furthermore, States parties should clearly prescribe the duties of the different authorities (including regional and local authorities) and entities (including private entities) that should be carried out in order to ensure accessibility. States parties should also prescribe effective monitoring mechanisms to ensure accessibility and monitor sanctions against anyone who fails to implement accessibility standards.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"2","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crpd-c-gc-2-0025","docId":"crpd-c-gc-2","idx":25,"n":25,"text":"Accessibility is related to groups, whereas reasonable accommodation is related to individuals. This means that the duty to provide accessibility is an ex ante duty. States parties therefore have the duty to provide accessibility before receiving an individual request to enter or use a place or service. States parties need to set accessibility standards, which must be adopted in consultation with organizations of persons with disabilities, and they need to be specified for service-providers, builders and other relevant stakeholders. Accessibility standards must be broad and standardized. In the case of individuals who have rare impairments that were not taken into account when the accessibility standards were developed or who do not use the modes, methods or means offered to achieve accessibility (not reading Braille, for example), even the application of accessibility standards may not be sufficient to ensure them access. In such cases, reasonable accommodation may apply. In accordance with the Convention, States parties are not allowed to use austerity measures as an excuse to avoid ensuring gradual accessibility for persons with disabilities. The obligation to implement accessibility is unconditional, i.e. the entity obliged to provide accessibility may not excuse the omission to do so by referring to the burden of providing access for persons with disabilities. The duty of reasonable accommodation, contrarily, exists only if implementation constitutes no undue burden on the entity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"]},{"id":"crpd-c-gc-2-0026","docId":"crpd-c-gc-2","idx":26,"n":26,"text":"The duty to provide reasonable accommodation is an ex nunc duty, which means that it is enforceable from the moment an individual with an impairment needs it in a given situation, for example, workplace or school, in order to enjoy her or his rights on an equal basis in a particular context. Here, accessibility standards can be an indicator, but may not be taken as prescriptive. Reasonable accommodation can be used as a means of ensuring accessibility for an individual with a disability in a particular situation. Reasonable accommodation seeks to achieve individual justice in the sense that non-discrimination or equality is assured, taking the dignity, autonomy and choices of the individual into account. Thus, a person with a rare impairment might ask for accommodation that falls outside the scope of any accessibility standard.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"]},{"id":"crpd-c-gc-2-0027","docId":"crpd-c-gc-2","idx":27,"n":27,"text":"Even though ensuring access to the physical environment, transportation, information and communication, and services open to the public is often a precondition for the effective enjoyment of various civil and political rights by persons with disabilities, States parties can ensure that access is achieved through gradual implementation when necessary as well as through the use of international cooperation. An analysis of the situation to identify the obstacles and barriers that need to be removed can be carried out in an efficient manner and within a short- to mid-term framework. Barriers should be removed in a continuous and systematic way, gradually yet steadily.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-2-0028","docId":"crpd-c-gc-2","idx":28,"n":28,"text":"States parties are obliged to adopt, promulgate and monitor national accessibility standards. If no relevant legislation is in place, adopting a suitable legal framework is the first step. States parties should undertake a comprehensive review of the laws on accessibility in order to identify, monitor and address gaps in legislation and implementation. Disability laws often fail to include ICT in their definition of accessibility, and disability rights laws concerned with non-discriminatory access in areas such as procurement, employment and education often fail to include access to ICT and the many goods and services central to modern society that are offered through ICT. It is important that the review and adoption of these laws and regulations are carried out in close consultation with persons with disabilities and their representative organizations (art. 4, para. 3), as well as all other relevant stakeholders, including members of the academic community and expert associations of architects, urban planners, engineers and designers. Legislation should incorporate and be based on the principle of universal design, as required by the Convention (art. 4, para. 1 (f)). It should provide for the mandatory application of accessibility standards and for sanctions, including fines, for those who fail to apply them.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crpd-c-gc-2-0029","docId":"crpd-c-gc-2","idx":29,"n":29,"text":"It is helpful to mainstream accessibility standards that prescribe various areas that have to be accessible, such as the physical environment in laws on construction and planning, transportation in laws on public aerial, railway, road and water transport, information and communication, and services open to the public. However, accessibility should be encompassed in general and specific laws on equal opportunities, equality and participation in the context of the prohibition of disability-based discrimination. Denial of access should be clearly defined as a prohibited act of discrimination. Persons with disabilities who have been denied access to the physical environment, transportation, information and communication, or services open to the public should have effective legal remedies at their disposal. When defining accessibility standards, States parties have to take into account the diversity of persons with disabilities and ensure that accessibility is provided to persons of any gender and of all ages and types of disability. Part of the task of encompassing the diversity of persons with disabilities in the provision of accessibility is recognizing that some persons with disabilities need human or animal assistance in order to enjoy full accessibility (such as personal assistance, sign language interpretation, tactile sign language interpretation or guide dogs). It must be stipulated, for example, that banning guide dogs from entering a particular building or open space would constitute a prohibited act of disability-based discrimination.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-2-0030","docId":"crpd-c-gc-2","idx":30,"n":30,"text":"It is necessary to establish minimum standards for the accessibility of different services provided by public and private enterprises for persons with different types of impairments. Reference tools such as the ITU-T recommendation Telecommunications Accessibility Checklist for standardization activities (2006) and the Telecommunications accessibility guidelines for older persons and persons with disabilities (ITU-T recommendation F.790) should be mainstreamed whenever a new ICT-related standard is developed. That would allow the generalization of universal design in the development of standards. States parties should establish a legislative framework with specific, enforceable, time-bound benchmarks for monitoring and assessing the gradual modification and adjustment by private entities of their previously inaccessible services into accessible ones. States parties should also ensure that all newly procured goods and services are fully accessible for persons with disabilities. Minimum standards must be developed in close consultation with persons with disabilities and their representative organizations, in accordance with article 4, paragraph 3, of the Convention. The standards can also be developed in collaboration with other States parties and international organizations and agencies through international cooperation, in accordance with article 32 of the Convention. States parties are encouraged to join ITU study groups in the radiocommunication, standardization and development sectors of the Union, which actively work at mainstreaming accessibility in the development of international telecommunications and ICT standards and at raising industry’s and governments’ awareness of the need to increase access to ICT for persons with disabilities. Such cooperation can be useful in developing and promoting international standards that contribute to the interoperability of goods and services. In the field of communication-related services, States parties must ensure at least a minimum quality of services, especially for the relatively new types of services, such as personal assistance, sign language interpretation and tactile signing, aiming at their standardization.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","source":"regex"},{"treaty":"CRPD","article":"32","source":"regex"}]},{"id":"crpd-c-gc-2-0031","docId":"crpd-c-gc-2","idx":31,"n":31,"text":"31. When reviewing their accessibility legislation, States parties must consider and, where necessary, amend their laws to prohibit discrimination on the basis of disability. As a minimum, the following situations in which lack of accessibility has prevented a person with disabilities from accessing a service or facility open to the public should be considered as prohibited acts of disability-based discrimination: (a) Where the service or facility was established after relevant accessibility standards were introduced; (b) Where access could have been granted to the facility or service (when it came into existence) through reasonable accommodation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-2-0032","docId":"crpd-c-gc-2","idx":32,"n":32,"text":"As part of their review of accessibility legislation, States parties must also consider their laws on public procurement to ensure that their public procurement procedures incorporate accessibility requirements. It is unacceptable to use public funds to create or perpetuate the inequality that inevitably results from inaccessible services and facilities. Public procurements should be used to implement affirmative action in line with the provisions of article 5, paragraph 4, of the Convention in order to ensure accessibility and de facto equality for persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-2-0033","docId":"crpd-c-gc-2","idx":33,"n":33,"text":"States parties should adopt action plans and strategies to identify existing barriers to accessibility, set time frames with specific deadlines and provide both the human and material resources necessary to remove the barriers. Once adopted, such action plans and strategies should be strictly implemented. States parties should also strengthen their monitoring mechanisms in order to ensure accessibility and they should continue providing sufficient funds to remove barriers to accessibility and train monitoring staff. As accessibility standards are often implemented locally, continuous capacity-building of the local authorities responsible for monitoring implementation of the standards is of paramount importance. States parties are under an obligation to develop an effective monitoring framework and set up efficient monitoring bodies with adequate capacity and appropriate mandates to make sure that plans, strategies and standardization are implemented and enforced.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-2-0034","docId":"crpd-c-gc-2","idx":34,"n":34,"text":"The duty of States parties to ensure access to the physical environment, transportation, information and communication, and services open to the public for persons with disabilities should be seen from the perspective of equality and non-discrimination. Denial of access to the physical environment, transportation, information and communication, and services open to the public constitutes an act of disability-based discrimination that is prohibited by article 5 of the Convention. Ensuring accessibility pro futuro should be viewed in the context of implementing the general obligation to develop universally designed goods, services, equipment and facilities (art. 4, para. 1 (f)).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crpd-c-gc-2-0035","docId":"crpd-c-gc-2","idx":35,"n":35,"text":"Awareness-raising is one of the preconditions for the effective implementation of the Convention on the Rights of Persons with Disabilities. Since accessibility is often viewed narrowly, as accessibility to the built environment (which is significant, but only one aspect of access for persons with disabilities), States parties should strive systematically and continuously to raise awareness about accessibility among all relevant stakeholders. The all-encompassing nature of accessibility should be addressed, providing for access to the physical environment, transportation, information and communication, and services. Awareness-raising should also stress that the duty to observe accessibility standards applies equally to the public and to the private sector. It should promote the application of universal design and the idea that designing and building in an accessible way from the earliest stages is cost-effective and economical. Awareness-raising should be carried out in cooperation with persons with disabilities, their representative organizations and technical experts. Special attention should be paid to capacity-building for the application and monitoring of the implementation of accessibility standards. The media should not only take into account the accessibility of their own programmes and services for persons with disabilities, but should also take an active role in promoting accessibility and contributing to awareness-raising.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"]},{"id":"crpd-c-gc-2-0036","docId":"crpd-c-gc-2","idx":36,"n":36,"text":"Ensuring full access to the physical environment, transportation, information and communication, and services open to the public is indeed a vital precondition for the effective enjoyment of many rights covered by the Convention. In situations of risk, natural disasters and armed conflict, the emergency services must be accessible to persons with disabilities, or their lives cannot be saved or their well-being protected (art. 11). Accessibility must be incorporated as a priority in post-disaster reconstruction efforts. Therefore, disaster risk reduction must be accessible and disability-inclusive.","labels":["Persons with disabilities","Persons affected by armed conflict","Persons affected by natural disasters"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"11","source":"regex"}]},{"id":"crpd-c-gc-2-0037","docId":"crpd-c-gc-2","idx":37,"n":37,"text":"There can be no effective access to justice if the buildings in which law-enforcement agencies and the judiciary are located are not physically accessible, or if the services, information and communication they provide are not accessible to persons with disabilities (art. 13). Safe houses, support services and procedures must all be accessible in order to provide effective and meaningful protection from violence, abuse and exploitation to persons with disabilities, especially women and children (art. 16). Accessible environment, transportation, information and communication, and services are a precondition for the inclusion of persons with disabilities in their respective local communities and for them to have an independent life (art. 19).","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"13","source":"regex"},{"treaty":"CRPD","article":"16","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-2-0038","docId":"crpd-c-gc-2","idx":38,"n":38,"text":"Articles 9 and 21 intersect on the issue of information and communication. Article 21 provides that States parties “shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice”. It goes on to describe in detail how the accessibility of information and communication can be ensured in practice. It requires that States parties “provide information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities” (art. 21 (a)). Furthermore, it provides for “facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions” (art. 21 (b)). Private entities that provide services to the general public, including through the Internet, are urged to provide information and services in accessible and usable formats for persons with disabilities (art. 21 (c)) and the mass media, including providers of information through the Internet, are encouraged to make their services accessible to persons with disabilities (art. 21 (d)). Article 21 also requires States parties to recognize and promote the use of sign languages, in accordance with articles 24, 27, 29 and 30 of the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"27","source":"regex"},{"treaty":"CRPD","article":"29","source":"regex"},{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-2-0039","docId":"crpd-c-gc-2","idx":39,"n":39,"text":"Without accessible transport to schools, accessible school buildings, and accessible information and communication, persons with disabilities would not have the opportunity to exercise their right to education (art. 24 of the Convention). Thus schools have to be accessible, as is explicitly indicated in article 9, paragraph 1 (a), of the Convention. However, it is the entire process of inclusive education that must be accessible, not just buildings, but all information and communication, including ambient or FM assistive systems, support services and reasonable accommodation in schools. In order to foster accessibility, education as well as the content of school curricula should promote and be conducted in sign language, Braille, alternative script, and augmentative and alternative modes, means and formats of communication and orientation (art. 24, para. 3 (a)), with special attention to the appropriate languages and modes and means of communication used by blind, deaf and deaf-blind students. Modes and means of teaching should be accessible and should be conducted in accessible environments. The whole environment of students with disabilities must be designed in a way that fosters inclusion and guarantees their equality in the entire process of their education. Full implementation of article 24 of the Convention should be considered in conjunction with the other core human rights instruments as well as the provisions of the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-2-0040","docId":"crpd-c-gc-2","idx":40,"n":40,"text":"Health care and social protection would remain unattainable for persons with disabilities without access to the premises where those services are provided. Even if the buildings where the health-care and social protection services are provided are themselves accessible, without accessible transportation, persons with disabilities are unable to travel to the places where the services are being provided. All information and communication pertaining to the provision of health care should be accessible through sign language, Braille, accessible electronic formats, alternative script, and augmentative and alternative modes, means and formats of communication. It is especially important to take into account the gender dimension of accessibility when providing health care, particularly reproductive health care for women and girls with disabilities, including gynaecological and obstetric services.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"]},{"id":"crpd-c-gc-2-0041","docId":"crpd-c-gc-2","idx":41,"n":41,"text":"Persons with disabilities cannot effectively enjoy their work and employment rights, as described in article 27 of the Convention, if the workplace itself is not accessible. Workplaces therefore have to be accessible, as is explicitly indicated in article 9, paragraph 1 (a). A refusal to adapt the workplace constitutes a prohibited act of disability-based discrimination. Besides the physical accessibility of the workplace, persons with disabilities need accessible transport and support services to get to their workplaces. All information pertaining to work, advertisements of job offers, selection processes and communication at the workplace that is part of the work process must be accessible through sign language, Braille, accessible electronic formats, alternative script, and augmentative and alternative modes, means and formats of communication. All trade union and labour rights must also be accessible, as must training opportunities and job qualifications. For example, foreign language or computer courses for employees and trainees must be conducted in an accessible environment in accessible forms, modes, means and formats.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0042","docId":"crpd-c-gc-2","idx":42,"n":42,"text":"Article 28 of the Convention addresses an adequate standard of living and social protection for persons with disabilities. States parties should take the necessary measures to ensure that both mainstream and disability-specific social protection measures and services are provided in an accessible manner, in accessible buildings, and that all information and communication pertaining to them is accessible through sign language, Braille, accessible electronic formats, alternative script, and augmentative and alternative modes, means and formats of communication. Social housing programmes should offer housing that is, inter alia, accessible for persons with disabilities and the elderly.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-2-0043","docId":"crpd-c-gc-2","idx":43,"n":43,"text":"Article 29 of the Convention guarantees persons with disabilities the right to participate in political and public life, and to take part in running public affairs. Persons with disabilities would be unable to exercise those rights equally and effectively if States parties failed to ensure that voting procedures, facilities and materials were appropriate, accessible and easy to understand and use. It is also important that political meetings and materials used and produced by political parties or individual candidates participating in public elections are accessible. If not, persons with disabilities are deprived of their right to participate in the political process in an equal manner. Persons with disabilities who are elected to public office must have equal opportunities to carry out their mandate in a fully accessible manner.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-2-0044","docId":"crpd-c-gc-2","idx":44,"n":44,"text":"44. Everyone has the right to enjoy the arts, take part in sports and go to hotels, restaurants and bars. However, wheelchair users cannot go to a concert if there are only stairs in the concert hall. Blind persons cannot enjoy a painting if there is no description of it they can hear in the gallery. Hard of hearing persons cannot enjoy a film if there are no subtitles. Deaf persons cannot enjoy a theatrical play if there is no sign language interpretation. Persons with intellectual disabilities cannot enjoy a book if there is no easy-to-read version or a version in augmentative and alternative modes. Article 30 of the Convention requires that States parties recognize the right of persons with disabilities to take part in cultural life on an equal basis with others. States parties are required to take all appropriate measures to ensure that persons with disabilities: (a) Enjoy access to cultural materials in accessible formats; (b) Enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats; (c) Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-2-0045","docId":"crpd-c-gc-2","idx":45,"n":45,"text":"“States parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential” (art. 30, para. 2). “States parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials” (art. 30, para. 3). The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled of the World Intellectual Property Organization, adopted in June 2013, should ensure access to cultural material without unreasonable or discriminatory barriers for persons with disabilities, including people with disabilities living abroad or as a member of a minority in another country and who speak or use the same language or means of communication, especially those facing challenges accessing classic print materials. The Convention on the Rights of Persons with Disabilities provides that persons with disabilities are entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity. Article 30, paragraph 4, stresses the recognition of and support for sign languages and deaf culture.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"30","source":"regex"},{"treaty":"CRPD","article":"30","source":"regex"},{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-2-0046","docId":"crpd-c-gc-2","idx":46,"n":46,"text":"46. Article 30, paragraph 5, of the Convention provides that, in order to enable persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States parties shall take appropriate measures: To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels; To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources; To ensure that persons with disabilities have access to sporting, recreational and tourism venues; To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system; To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-2-0047","docId":"crpd-c-gc-2","idx":47,"n":47,"text":"International cooperation, as described in article 32 of the Convention, should be a significant tool in the promotion of accessibility and universal design. The Committee recommends that international development agencies recognize the significance of supporting projects aimed at improving ICT and other access infrastructure. All new investments made within the framework of international cooperation should be used to encourage the removal of existing barriers and prevent the creation of new barriers. It is unacceptable to use public funds to perpetuate new inequalities. All new objects, infrastructure, facilities, goods, products and services must be fully accessible for all persons with disabilities. International cooperation should be used not merely to invest in accessible goods, products and services, but also to foster the exchange of know-how and information on good practice in achieving accessibility in ways that will make tangible changes that can improve the lives of millions of persons with disabilities worldwide. International cooperation on standardization is also important, as is the fact that organizations of persons with disabilities must be supported so that they can participate in national and international processes to develop, implement and monitor accessibility standards. Accessibility must be an integral part of any sustainable development effort, especially in the context of the post-2015 development agenda.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"32","source":"regex"}]},{"id":"crpd-c-gc-2-0048","docId":"crpd-c-gc-2","idx":48,"n":48,"text":"The monitoring of accessibility is a crucial aspect of the national and international monitoring of the implementation of the Convention. Article 33 of the Convention requires States parties to designate focal points within their governments for matters relating to the implementation of the Convention, as well as to establish national frameworks to monitor implementation which include one or more independent mechanisms. Civil society should also be involved and should participate fully in the monitoring process. It is crucial that the bodies established further to article 33 are duly consulted when measures for the proper implementation of article 9 are considered. Those bodies should be provided with meaningful opportunities to, inter alia, take part in the drafting of national accessibility standards, comment on existing and draft legislation, submit proposals for draft legislation and policy regulation, and participate fully in awareness-raising and educational campaigns. The processes of national and international monitoring of the implementation of the Convention should be performed in an accessible manner that promotes and ensures the effective participation of persons with disabilities and their representative organizations. Article 49 of the Convention requires that the text of the Convention be made available in accessible formats. This is an innovation in an international human rights treaty and the Convention on the Rights of Persons with Disabilities should be seen as setting a precedent in that respect for all future treaties.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"33","source":"regex"},{"treaty":"CRPD","article":"33","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"49","source":"regex"}]},{"id":"crpd-c-gc-3-0001","docId":"crpd-c-gc-3","idx":1,"n":1,"text":"1. The present general comment was prepared by the Committee on the Rights of Persons with Disabilities in accordance with rule 47 of its rules of procedure, which states that the Committee may prepare general comments based on the various articles and provisions of the Convention with a view to assisting States parties in fulfilling their reporting obligations, and with paragraphs 54-57 of its working methods.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016},{"id":"crpd-c-gc-3-0002","docId":"crpd-c-gc-3","idx":2,"n":2,"text":"2. There is strong evidence to show that women and girls with disabilities face barriers in most areas of life. These barriers create situations of multiple and intersecting forms of discrimination against women and girls with disabilities, in particular with regard to: equal access to education, economic opportunities, social interaction and justice; equal recognition before the law;[[fn:1]] and the ability to participate in politics and to exercise control over their own lives across a range of contexts, for example with regard to health care, including sexual and reproductive health services, and to where and with whom they wish to live.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":1,"text":"World Health Organization (WHO) and World Bank, World Report on Disability (Geneva, 2011)."}]},{"id":"crpd-c-gc-3-0003","docId":"crpd-c-gc-3","idx":3,"n":3,"text":"3. International and national laws and policies on disability have historically neglected aspects related to women and girls with disabilities. In turn, laws and policies addressing women have traditionally ignored disability. This invisibility has perpetuated the situation of multiple and intersecting forms of discrimination against women and girls with disabilities.[[fn:2]] Women with disabilities are often discriminated against on the grounds of gender and/or disability, and on other grounds as well.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":2,"text":"See www.un.org/womenwatch/enable."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-3-0004","docId":"crpd-c-gc-3","idx":4,"n":4,"text":"In the present general comment, the following terms are used: (a) “Women with disabilities” refers to all women, girls and adolescents with disabilities; (b) “Sex” and “gender”, where “sex” refers to biological differences and “gender” refers to the characteristics that a society or culture views as masculine or feminine; (c) “Multiple discrimination” refers to a situation in which a person experiences discrimination on two or more grounds, leading to discrimination that is compounded or aggravated.[[fn:3]] “Intersectional discrimination” refers to a situation where several grounds interact with each other at the same time in such a way as to be inseparable.[[fn:4]] Grounds for discrimination include age, disability, ethnic, indigenous, national or social origin, gender identity, political or other opinion, race, refugee, migrant or asylum seeker status, religion, sex and sexual orientation.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Adolescents"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":3,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004) on temporary special measures, para. 12."},{"n":4,"text":"Ibid., general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women, para. 18."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-3-0005","docId":"crpd-c-gc-3","idx":5,"n":5,"text":"5. Women with disabilities are not a homogenous group. They include indigenous women; refugee, migrant, asylum-seeking and internally displaced women; women in detention (hospitals, residential institutions, juvenile or correctional facilities and prisons); women living in poverty; women from different ethnic, religious and racial backgrounds; women with multiple disabilities and high levels of support; women with albinism; and lesbian, bisexual and transgender women, as well as intersex persons. The diversity of women with disabilities also includes all types of impairments, in other words physical, psychosocial, intellectual or sensory conditions that may or may not come with functional limitations. Disability is understood as the social effect of the interaction between individual impairment and the social and material environment, as described in article 1 of the Convention on the Rights of Persons with Disabilities.","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities","LGBTI+","Persons deprived of their liberty","Internally displaced persons"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"1","source":"regex"}]},{"id":"crpd-c-gc-3-0006","docId":"crpd-c-gc-3","idx":6,"n":6,"text":"6. Gradual changes in law and policy have occurred since the 1980s and the recognition of women with disabilities has increased. Jurisprudence developed under the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women have highlighted concerns that need to be addressed regarding women and girls with disabilities and recommendations to be implemented. At a policy level, various United Nations bodies have started addressing issues facing women with disabilities and a number of regional strategies addressing disability-inclusive development include them.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"]},{"id":"crpd-c-gc-3-0007","docId":"crpd-c-gc-3","idx":7,"n":7,"text":"7. Article 6 of the Convention on the Rights of Persons with Disabilities is a response to the lack of recognition of the rights of women and girls with disabilities, who worked hard to have that article included in the treaty. Article 6 reinforces the non-discriminatory approach of the Convention, in particular in respect of women and girls, and requires that States parties go beyond refraining from taking discriminatory actions to adopting measures aimed at the development, advancement and empowerment of women and girls with disabilities and the promotion of measures to empower them by recognizing that they are distinct rights holders, providing channels to have their voice heard and to exercise agency, raising their self-confidence and increasing their power and authority to take decisions in all areas affecting their lives. Article 6 should guide States parties to comply with their Convention-related responsibilities to promote, protect and fulfil the human rights of women and girls with disabilities, from a human rights-based approach and a development perspective.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0008","docId":"crpd-c-gc-3","idx":8,"n":8,"text":"8. Gender equality is central to human rights. Equality is a fundamental human rights principle that is inherently relative and context-specific. Ensuring the human rights of women requires, first and foremost, a comprehensive understanding of the social structures and power relations that frame laws and policies, as well as of economic and social dynamics, family and community life, and cultural beliefs. Gender stereotypes can limit women’s capacity to develop their own abilities, pursue professional careers and make choices about their lives and life plans. Both hostile/negative and seemingly benign stereotypes can be harmful. Harmful gender stereotypes need to be recognized and addressed in order to promote gender equality. The Convention enshrines an obligation to combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"]},{"id":"crpd-c-gc-3-0009","docId":"crpd-c-gc-3","idx":9,"n":9,"text":"9. Article 6 is a binding non-discrimination and equality provision that unequivocally outlaws discrimination against women with disabilities and promotes equality of opportunity and equality of outcomes. Women and girls with disabilities are more likely to be discriminated against than men and boys with disabilities and women and girls without disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0010","docId":"crpd-c-gc-3","idx":10,"n":10,"text":"10. The Committee notes that the contributions made during its half-day of general discussion on women and girls with disabilities, held during its ninth session in April 2013, highlighted a range of topics and identified three main subjects of concern with respect to the protection of their human rights: violence, sexual and reproductive health and rights, and discrimination. Furthermore, in its concluding observations on women with disabilities, the Committee has expressed concern about: the prevalence of multiple discrimination and of intersectional discrimination against women with disabilities;[[fn:5]] the discrimination experienced by women and girls with disabilities on account of their gender, disability and other factors[[fn:6]] that are not sufficiently addressed in legislation and policies;[[fn:7]] the right to life;[[fn:8]] equal recognition before the law;[[fn:9]] the persistence of violence against women and girls with disabilities,[[fn:10]] including sexual violence[[fn:11]] and abuse;[[fn:12]] forced sterilization;[[fn:13]] female genital mutilation;[[fn:14]] sexual and economic exploitation;[[fn:15]] institutionalization;[[fn:16]] the lack of or insufficient participation of women with disabilities in decision-making processes[[fn:17]] in public and political life;[[fn:18]] the lack of inclusion of a gender perspective in disability policies;[[fn:19]] the lack of a disability-rights perspective in policies promoting gender equality;[[fn:20]] and the lack of or insufficient number of specific measures to promote the education and employment of women with disabilities.[[fn:21]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":5,"text":"See, for example, CRPD/C/SLV/CO/1, para. 17, and CRPD/C/UKR/CO/1, para. 9."},{"n":6,"text":"See, for example, CRPD/C/AUT/CO/1, para. 17, and CRPD/C/ECU/CO/1, para. 16."},{"n":7,"text":"See, for example, CRPD/C/BRA/CO/1, para. 16, and CRPD/C/EU/CO/1, para. 20"},{"n":8,"text":"See, for example, CRPD/C/MEX/CO/1, para. 34, CRPD/C/AZE/CO/1, para. 18."},{"n":9,"text":"See, for example, CRPD/C/ARG/CO/1, para. 31."},{"n":10,"text":"See, for example, CRPD/C/BEL/CO/1, para. 30."},{"n":11,"text":"See, for example, CRPD/C/AUS/CO/1, para. 16, and CRPD/C/CHN/CO/1 and Corr.1, paras. 57, 65 and 90."},{"n":12,"text":"See, for example, CRPD/C/SLV/CO/1, para. 37, and CRPD/C/CZE/CO/1, para. 34."},{"n":13,"text":"See, for example, CRPD/C/MUS/CO/1, para. 29, and CRPD/C/NZL/CO/1, para. 37."},{"n":14,"text":"See, for example, CRPD/C/GAB/CO/1, para. 40, and CRPD/C/KEN/CO/1, para. 33."},{"n":15,"text":"See, for example, CRPD/C/DOM/CO/1, para. 32, and CRPD/C/PRY/CO/1, para.17."},{"n":16,"text":"See, for example, CRPD/C/HRV/CO/1, para. 23, and CRPD/C/SVK/CO/1, para. 55."},{"n":17,"text":"See, for example, CRPD/C/QAT/CO/1, para. 13, and CRPD/C/ECU/CO/1, paras. 12 and 16."},{"n":18,"text":"See, for example, CRPD/C/CRI/CO/1, para. 13, and CRPD/C/ECU/CO/1, para. 16."},{"n":19,"text":"See, for example, CRPD/C/SWE/CO/1, para. 13, and CRPD/C/KOR/CO/1, para. 13."},{"n":20,"text":"See, for example, CRPD/C/AZE/CO/1, para. 16, and CRPD/C/ESP/CO/1, para. 21."},{"n":21,"text":"See, for example, CRPD/C/DNK/CO/1, para. 18, and CRPD/C/NZL/CO/1, para. 16."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-3-0011","docId":"crpd-c-gc-3","idx":11,"n":11,"text":"11. The present general comment reflects an interpretation of article 6 that is premised on the general principles outlined in article 3 of the Convention, namely: respect for the inherent dignity, individual autonomy, including the freedom to make one’s own choices, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; and respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-3-0012","docId":"crpd-c-gc-3","idx":12,"n":12,"text":"12. Article 6 is a cross-cutting article related to all the other articles of the Convention. It should remind States parties to include the rights of women and girls with disabilities in all actions aimed at implementing the Convention. In particular, positive measures need to be taken in order to ensure that women with disabilities are protected against multiple discrimination and can enjoy human rights and fundamental freedoms on an equal basis with others.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0013","docId":"crpd-c-gc-3","idx":13,"n":13,"text":"13. Article 6 (1) recognizes that women with disabilities are subject to multiple discrimination and requires that States parties take measures to ensure the full and equal enjoyment by women with disabilities of all human rights and fundamental freedoms. The Convention refers to multiple discrimination in article 5 (2), which not only requires States parties to prohibit any kind of discrimination based on disability, but also to protect against discrimination on other grounds.[[fn:22]] The Committee has included, in its jurisprudence, reference to measures to address multiple and intersectional discrimination.[[fn:23]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":22,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation No. 25, para. 12."},{"n":23,"text":"See CRPD/C/MUS/CO/1, CRPD/C/BRA/CO/1, CRPD/C/CZE/CO/1, CRPD/C/DNK/CO/1, CRPD/C/AUS/CO/1, CRPD/C/SWE/CO/1 and CRPD/C/DEU/CO/1, among others."}],"section":["II. Normative content","Article 6 (1)"],"citedArticles":[{"treaty":"CRPD","article":"6","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-3-0014","docId":"crpd-c-gc-3","idx":14,"n":14,"text":"14. “Discrimination on the basis of disability” is defined in article 2 of the Convention as any distinction, exclusion or restriction on the basis of disability that has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation. “Discrimination against women” is defined in article 1 of the Convention on the Elimination of All Forms of Discrimination against Women as any distinction, exclusion or restriction made on the basis of sex that has the effect or purpose of impairing or nullifying the recognition, or enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (1)"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"crpd-c-gc-3-0015","docId":"crpd-c-gc-3","idx":15,"n":15,"text":"15. In article 2 of the Convention on the Rights of Persons with Disabilities, “reasonable accommodation” is defined as necessary and appropriate modifications and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms. Consequently, and in line with article 5 (2) of the Convention, States parties must guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. In its recent jurisprudence, the Committee on the Elimination of Discrimination against Women has made reference to reasonable accommodation in connection to women with disabilities’ access to employment.[[fn:24]] The duty to provide reasonable accommodation is an ex nunc duty, meaning that it is enforceable from the moment a person requests it in a given situation in order to enjoy his or her rights on an equal basis in a particular context. Failure to provide reasonable accommodation for women with disabilities may amount to discrimination under articles 5 and 6.[[fn:25]] An example of reasonable accommodation could be an accessible facility in the workplace that would allow a woman with a disability to breastfeed.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":24,"text":"See, for example, CEDAW/C/HUN/CO/7-8 and Corr.1, para. 45."},{"n":25,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014) on accessibility."}],"section":["II. Normative content","Article 6 (1)"],"citedArticles":[{"treaty":"CRPD","article":"2","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0016","docId":"crpd-c-gc-3","idx":16,"n":16,"text":"16. The concept of intersectional discrimination recognizes that individuals do not experience discrimination as members of a homogenous group but, rather, as individuals with multidimensional layers of identities, statuses and life circumstances. It acknowledges the lived realities and experiences of heightened disadvantage of individuals caused by multiple and intersecting forms of discrimination, which requires targeted measures to be taken with respect to disaggregated data collection, consultation, policymaking, the enforceability of non-discrimination policies and the provision of effective remedies.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (1)"]},{"id":"crpd-c-gc-3-0017","docId":"crpd-c-gc-3","idx":17,"n":17,"text":"Discrimination against women and girls with disabilities can take many forms: (a) direct discrimination; (b) indirect discrimination; (c) discrimination by association; (d) denial of reasonable accommodation; and (e) structural, or systemic, discrimination. Irrespective of the form it takes, the impact of discrimination violates the rights of women with disabilities: (a) Direct discrimination occurs when women with disabilities are treated less favourably than another person in a similar situation for a reason related to a prohibited ground. It also includes detrimental acts or omissions on the basis of prohibited grounds where there is no comparable similar situation.[[fn:26]] For example, direct discrimination occurs when the testimonies of women with intellectual or psychosocial disabilities are dismissed in court proceedings because of legal capacity, thus denying those women justice and effective remedies as victims of violence; (b) Indirect discrimination refers to laws, policies or practices that appear neutral when taken at face value but that nonetheless have a disproportionately negative impact[[fn:27]] on women with disabilities. For example, health-care facilities may appear neutral but are discriminatory when they do not include accessible examination beds for gynaecological screenings; (c) Discrimination by association is discrimination against persons on the basis of their association with a person with a disability. Often, women in a caregiver role experience discrimination by association. For example, the mother of a child with a disability may be discriminated against by a potential employer who fears that she may be a less engaged or available worker because of her child; (d) Denial of reasonable accommodation is discrimination that occurs when necessary and appropriate modifications and adjustments (that do not impose a disproportionate or undue burden) are denied despite being needed to ensure that women with disabilities enjoy, on an equal basis with others, their human rights and fundamental freedoms.[[fn:28]] For example, a woman with a disability may be denied reasonable accommodation if she cannot undergo a mammogram at a health centre owing to the physical inaccessibility of the built environment; (e) Structural, or systemic, discrimination is reflected in hidden or overt patterns of discriminatory institutional behaviour, discriminatory cultural traditions and discriminatory social norms and/or rules. Harmful gender and disability stereotyping, which can lead to such discrimination, is inextricably linked to a lack of policies, regulations and services specifically for women with disabilities. For example, owing to stereotyping based on the intersection of gender and disability, women with disabilities may face barriers when reporting violence, such as disbelief and dismissal by the police, prosecutors and courts. Likewise, harmful practices are strongly connected to and reinforce socially constructed gender roles and power relations that can reflect negative perceptions of, or discriminatory beliefs regarding, women with disabilities, such as the belief that men with HIV/AIDS can be cured by engaging in sexual intercourse with women with disabilities.[[fn:29]] The lack of awareness, training and policies to prevent harmful stereotyping of women with disabilities by public officials, be they teachers, health service providers, police officers, prosecutors or judges, and by the public at large can often lead to the violation of rights.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":26,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 10."},{"n":27,"text":"Ibid."},{"n":28,"text":"See article 2 of the Convention on the Rights of Persons with Disabilities."},{"n":29,"text":"See A/HRC/20/5 and Corr.1, para. 24."}],"section":["II. Normative content","Article 6 (1)"]},{"id":"crpd-c-gc-3-0018","docId":"crpd-c-gc-3","idx":18,"n":18,"text":"18. Women with disabilities are subject to multiple discrimination not only in the public realm, but also in the private sphere, for example, within the family or in relation to private social service providers. International human rights law has long acknowledged State party responsibility for discrimination perpetrated by private, non-State actors.[[fn:30]] States parties must adopt legal provisions and procedures that explicitly recognize multiple discrimination to ensure complaints made on the basis of more than one ground of discrimination are considered in determining both liability and remedies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":30,"text":"See Human Rights Committee, general comments No. 18 (1989) on non-discrimination, para. 9, and No. 28 (2000) on the equality of rights between men and women, para. 31; Committee on Economic, Social and Cultural Rights, general comment No. 20, para. 11; Committee on the Elimination of Discrimination against Women, general recommendation No. 28, para. 9; and Committee on the Elimination of Racial Discrimination, general comment No. 25 (2000) on gender-related dimensions of racial discrimination, paras. 1 and 2."}],"section":["II. Normative content","Article 6 (1)"]},{"id":"crpd-c-gc-3-0019","docId":"crpd-c-gc-3","idx":19,"n":19,"text":"19. Article 6 (2) addresses the development, advancement and empowerment of women. It assumes that the rights enshrined in the Convention can be guaranteed to women if States parties strive to achieve and promote these rights using the appropriate means and in all of the areas addressed by the Convention.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (2)"],"citedArticles":[{"treaty":"CRPD","article":"6","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-3-0020","docId":"crpd-c-gc-3","idx":20,"n":20,"text":"20. In line with the Convention, States parties must take “all appropriate measures” to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities. Measures can be of a legislative, educational, administrative, cultural, political, linguistic or other nature. Measures are appropriate if they respect the principles of the Convention, including the goal of guaranteeing to women with disabilities the exercise and enjoyment of the human rights and fundamental freedoms set out in the Convention. Measures may be temporary or long-lasting and should overcome de jure and de facto inequality. While temporary special measures such as quotas might be necessary to overcome structural, or systemic, multiple discrimination, long-lasting measures such as reforming laws and policies to ensure the equal participation of women with disabilities in all areas of life are essential prerequisites for achieving substantive equality for women with disabilities.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (2)"]},{"id":"crpd-c-gc-3-0021","docId":"crpd-c-gc-3","idx":21,"n":21,"text":"21. All measures must ensure the full development, advancement and empowerment of women with disabilities. Although development relates to economic growth and the eradication of poverty, it is not limited to those areas. While gender- and disability-sensitive development measures in the areas of education, employment, income-generation and combating violence, among others, may be appropriate to ensure the full economic empowerment of women with disabilities, additional measures are necessary with regard to health and participation in politics, culture and sports.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (2)"]},{"id":"crpd-c-gc-3-0022","docId":"crpd-c-gc-3","idx":22,"n":22,"text":"22. In order to advance and empower women with disabilities, measures must go beyond the goal of development and also aim at improving the situation of women with disabilities throughout their lifespan. It is not enough to take women with disabilities into account when designing development measures; rather, women with disabilities must also be able to participate in and contribute to society.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (2)"]},{"id":"crpd-c-gc-3-0023","docId":"crpd-c-gc-3","idx":23,"n":23,"text":"23. In line with a human rights-based approach, ensuring the empowerment of women with disabilities means promoting their participation in public decision-making. Women and girls with disabilities have historically encountered many barriers to participation in public decision-making. Owing to power imbalances and multiple forms of discrimination, they have had fewer opportunities to establish or join organizations that can represent their needs as women and persons with disabilities. States parties should reach out directly to women and girls with disabilities and establish adequate measures to guarantee that their perspectives are fully taken into account and that they will not be subjected to any reprisals for expressing their points of view and concerns, especially in relation to sexual and reproductive health and rights, as well as gender-based violence, including sexual violence. Finally, States parties must promote the participation of representative organizations of women with disabilities, not just disability-specific consultative bodies and mechanisms.[[fn:31]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":31,"text":"See A/HRC/31/62, para. 70."}],"section":["II. Normative content","Article 6 (2)"]},{"id":"crpd-c-gc-3-0024","docId":"crpd-c-gc-3","idx":24,"n":24,"text":"24. States parties to the Convention have an obligation to respect, protect and fulfil the rights of women with disabilities, both under article 6 and under all other substantive provisions, in order to guarantee them the enjoyment and exercise of all human rights and fundamental freedoms. These duties imply taking legal, political, administrative, educational and other measures.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["III. States parties’ obligations"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0025","docId":"crpd-c-gc-3","idx":25,"n":25,"text":"25. The obligation to respect requires States parties to refrain from interfering with the enjoyment of the rights of women with disabilities. As such, existing laws, regulations, customs and practices that constitute discrimination against women with disabilities must be abolished. Laws that do not allow women with disabilities to marry or choose the number and spacing of their children on an equal basis with others are common examples of such discrimination. Furthermore, the duty to respect implies refraining from engaging in any act or practice that is inconsistent with article 6 and other substantive provisions and ensuring that public authorities and institutions act in conformity with them.[[fn:32]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":32,"text":"See art. 4 (1) (d) of the Convention on the Rights of Persons with Disabilities."}],"section":["III. States parties’ obligations"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0026","docId":"crpd-c-gc-3","idx":26,"n":26,"text":"26. The obligation to protect means that States parties have to ensure that the rights of women with disabilities are not infringed upon by third parties. Thus, States parties must take all appropriate measures to eliminate discrimination on the basis of sex and/or impairment by any person, organization or private enterprise. It also includes the duty to exercise due diligence by preventing violence or violations of human rights, protecting victims and witnesses from violations, investigating, prosecuting and punishing those responsible, including private actors, and providing access to redress and reparations where human rights violations occur.[[fn:33]] For example, States parties could promote the training of professionals in the justice sector to make sure that there are effective remedies for women with disabilities who have been subjected to violence.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":33,"text":"See joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices, footnote 6."}],"section":["III. States parties’ obligations"]},{"id":"crpd-c-gc-3-0027","docId":"crpd-c-gc-3","idx":27,"n":27,"text":"27. The obligation to fulfil imposes an ongoing and dynamic duty to adopt and apply the measures needed to secure the development, advancement and empowerment of women with disabilities. States parties must adopt a twin-track approach by: (a) systematically mainstreaming the interests and rights of women and girls with disabilities in all national action plans, strategies[[fn:34]] and policies concerning women, childhood and disability, as well as in sectoral plans concerning, for example, gender equality, health, violence, education, political participation, employment, access to justice and social protection; and (b) taking targeted and monitored action aimed specifically at women with disabilities. A twin-track approach is essential for reducing inequality in respect of participation and the enjoyment of rights.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":34,"text":"See art. 4 (1) (c) of the Convention on the Rights of Persons with Disabilities."}],"section":["III. States parties’ obligations"]},{"id":"crpd-c-gc-3-0028","docId":"crpd-c-gc-3","idx":28,"n":28,"text":"28. The cross-cutting nature of article 6 inextricably links it to all other substantive provisions of the Convention. In addition to being related to those articles that include an explicit reference to sex and/or gender, article 6 is particularly interrelated interrelated with the provisions dealing with violence against women with disabilities (art. 16) and with sexual and reproductive health and rights, including respect for home and the family (arts. 23 and 25); and spheres of discrimination against women with disabilities in other relevant articles.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"16","source":"regex"}]},{"id":"crpd-c-gc-3-0029","docId":"crpd-c-gc-3","idx":29,"n":29,"text":"29. Women with disabilities are at a heightened risk of violence, exploitation and abuse compared to other women.[[fn:35]] Violence may be interpersonal or institutional and/or structural. Institutional and/or structural violence is any form of structural inequality or institutional discrimination that keeps a woman in a subordinate position, whether physically or ideologically, compared with other people in her family,[[fn:36]] household or community.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":35,"text":"See A/67/227, para. 13."},{"n":36,"text":"See CRPD/C/HRV/CO/1, para. 9."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0030","docId":"crpd-c-gc-3","idx":30,"n":30,"text":"30. Enjoyment by women with disabilities of the right to freedom from exploitation, violence and abuse can be hindered by harmful stereotypes that heighten the risk of experiencing violence. Harmful stereotypes that infantilize women with disabilities and call into question their ability to make judgments, perceptions of women with disabilities as being asexual or hypersexual and erroneous beliefs and myths heavily influenced by superstition that increase the risk of sexual violence against women with albinism[[fn:37]] all stop women with disabilities from exercising their rights as set out in article 16.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":37,"text":"See A/HRC/24/57, para. 74."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"],"citedArticles":[{"treaty":"CRPD","article":"16","source":"regex"}]},{"id":"crpd-c-gc-3-0031","docId":"crpd-c-gc-3","idx":31,"n":31,"text":"31. Examples of violence, exploitation and/or abuse against women with disabilities that violate article 16 include the following: the acquisition of a disability as a consequence of violence, physical force; economic coercion; trafficking and deception; misinformation; abandonment; the absence of free and informed consent and legal compulsion; neglect, including the withholding or denial of access to medication; the removal or control of communication aids and the refusal to assist in communicating; the denial of personal mobility and accessibility by, for example, removing or destroying accessibility features such as ramps, assistive devices such as white canes or mobility devices such as wheelchairs; the refusal by caregivers to assist with daily activities such as bathing, menstrual and/or sanitation management, dressing and eating, which hinders enjoyment of the right to live independently and to freedom from degrading treatment; the withholding of food or water, or the threat of doing so; the infliction of fear by intimidation through bullying, verbal abuse and ridicule on the grounds of disability; the harming or threat of harming, removing or killing pets or assistance dogs or destroying objects; psychological manipulation; and the exercise of control, for example by restricting face-to-face or virtual access to family, friends or others.","labels":["Women/girls","Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"],"citedArticles":[{"treaty":"CRPD","article":"16","source":"regex"}]},{"id":"crpd-c-gc-3-0032","docId":"crpd-c-gc-3","idx":32,"n":32,"text":"32. Certain forms of violence, exploitation and abuse may be considered as cruel, inhuman or degrading treatment or punishment and as breaching a number of international human rights treaties. Among them are: forced, coerced and otherwise involuntary pregnancy or sterilization;[[fn:38]] any medical procedure or intervention performed without free and informed consent, including procedures and interventions related to contraception and abortion; invasive and irreversible surgical practices such as psychosurgery, female genital mutilation and surgery or treatment performed on intersex children without their informed consent; the administration of electroshock treatment and the use of chemical, physical or mechanical restraints; and isolation or seclusion.","labels":["Women/girls","Children","LGBTI+"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":38,"text":"See CRPD/C/MEX/CO/1, para.37."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0033","docId":"crpd-c-gc-3","idx":33,"n":33,"text":"33. Sexual violence against women with disabilities includes rape.[[fn:39]] Sexual abuse occurs in all scenarios, within State and non-State institutions and within the family or the community. Some women with disabilities, in particular deaf and deafblind women[[fn:40]] and women with intellectual disabilities, may be at an even greater risk of violence and abuse because of their isolation, dependency or oppression.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":39,"text":"See A/67/227, para. 35."},{"n":40,"text":"See CRPD/C/BRA/CO/1, para. 14."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0034","docId":"crpd-c-gc-3","idx":34,"n":34,"text":"34. Women with disabilities may be targeted for economic exploitation because of their impairment, which can in turn expose them to further violence. For example, women with physical or visible impairments can be trafficked for the purpose of forced begging because it is believed that they may elicit a higher degree of public sympathy.[[fn:41]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":41,"text":"See A/HRC/20/5 and Corr.1, para. 25."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0035","docId":"crpd-c-gc-3","idx":35,"n":35,"text":"35. The often preferential care and treatment of boys means that violence against girls with disabilities is more prevalent than it is against boys with disabilities or girls in general. Violence against girls with disabilities includes gender-specific neglect, humiliation, concealment, abandonment and abuse, including sexual abuse and sexual exploitation, which increases during puberty. Children with disabilities are also disproportionately likely not to be registered at birth,[[fn:42]] which exposes them to exploitation and violence. Girls with disabilities are particularly at risk of violence from family members and caregivers.[[fn:43]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":42,"text":"See, for example, CRC/C/TGO/CO/3-4, para. 8 and 39."},{"n":43,"text":"The State of the World’s Children 2013: Children with Disabilities (United Nations publication, Sales No. E.13.XX.1)."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0036","docId":"crpd-c-gc-3","idx":36,"n":36,"text":"36. Girls with disabilities are particularly at risk of harmful practices, which are justified by invoking sociocultural and religious customs and values. For example, girls with disabilities are more likely to die as a result of “mercy killings” than boys with disabilities because their families are unwilling or lack the support to raise a girl with an impairment.[[fn:44]] Other examples of harmful practices include infanticide,[[fn:45]] accusations of “spirit possession” and restrictions in feeding and nutrition. In addition, the marriage of girls with disabilities, especially girls with intellectual disabilities, is justified under the pretext of providing future security, care and financing. In turn, child marriage contributes to higher rates of dropping out of school and to early and frequent childbirth. Girls with disabilities experience social isolation, segregation and exploitation inside the family, including by being excluded from family activities, prevented from leaving home, forced to perform unpaid housework and being forbidden from attending school.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":44,"text":"See A/HRC/20/5 and Corr.1, para. 24."},{"n":45,"text":"Ibid."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0037","docId":"crpd-c-gc-3","idx":37,"n":37,"text":"37. Women with disabilities are subjected to the same harmful practices committed against women without disabilities such as forced marriage, female genital mutilation, crimes committed in the name of so-called honour, dowry-related violence, widowhood-related practices and accusations of witchcraft.[[fn:46]] The consequences of these harmful practices go far beyond social exclusion. They reinforce harmful gender stereotypes, perpetuate inequalities and contribute to discrimination against women and girls. They can result in physical and psychological violence and economic exploitation. Harmful practices based on patriarchal interpretations of culture cannot be evoked to justify violence against women and girls with disabilities. In addition, women and girls with disabilities are particularly at risk of “virgin testing”[[fn:47]] and, regarding HIV/AIDS-related misbeliefs, “virgin rapes”.[[fn:48]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":46,"text":"See joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices,, para. 7."},{"n":47,"text":"Ibid., para. 9."},{"n":48,"text":"See A/HRC/20/5 and Corr.1,, para. 24."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0038","docId":"crpd-c-gc-3","idx":38,"n":38,"text":"38. Wrongful stereotyping related to disability and gender is a form of discrimination that has a particularly serious impact on the enjoyment of sexual and reproductive health and rights, and the right to a found a family. Harmful stereotypes of women with disabilities include the belief that they are asexual, incapable, irrational, lacking control and/or hypersexual. Like all women, women with disabilities have the right to choose the number and spacing of their children, as well as the right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence.[[fn:49]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":49,"text":"Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action and the outcome documents of their review conferences."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0039","docId":"crpd-c-gc-3","idx":39,"n":39,"text":"39. Women with disabilities face multiple barriers to the enjoyment of sexual and reproductive health and rights, equal recognition before the law and access to justice. In addition to facing barriers resulting from multiple discrimination on the grounds of gender and disability, some women with disabilities, such as refugees, migrants and asylum seekers, face additional barriers because they are denied access to health care. Women with disabilities may also face harmful eugenic stereotypes that assume that they will give birth to children with disabilities and thus lead women with disabilities being discouraged or prevented from realizing their motherhood.[[fn:50]]","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":50,"text":"See A/67/227, para. 36."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0040","docId":"crpd-c-gc-3","idx":40,"n":40,"text":"40. Women with disabilities may also be denied access to information and communication, including comprehensive sexuality education, based on harmful stereotypes that assume that they are asexual and do not therefore require such information on an equal basis with others. Information may also not be available in accessible formats. Sexual and reproductive health information includes information about all aspects of sexual and reproductive health, including maternal health, contraceptives, family planning, sexually transmitted infections, HIV prevention, safe abortion and post-abortion care, infertility and fertility options, and reproductive cancer.[[fn:51]]","labels":["Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":51,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016) on the right to sexual and reproductive health, para. 18."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0041","docId":"crpd-c-gc-3","idx":41,"n":41,"text":"41. Lack of access to sexual and reproductive health information for women with disabilities, especially women with intellectual disabilities and deaf and deafblind women, can increase their risk of being subjected to sexual violence.[[fn:52]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":52,"text":"See, for example, CRPD/C/MEX/CO/1, para. 50 (b)."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0042","docId":"crpd-c-gc-3","idx":42,"n":42,"text":"42. Health-care facilities and equipment, including mammogram machines and gynaecological examination beds, are often physically inaccessible for women with disabilities.[[fn:53]] Safe transport for women with disabilities to attend health-care facilities or screening programmes may be unavailable, unaffordable or inaccessible.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":53,"text":"See Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014) on accessibility, para. 40, and, for example, CRPD/C/DOM/CO/1, para. 46."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0043","docId":"crpd-c-gc-3","idx":43,"n":43,"text":"43. Attitudinal barriers raised by health-care staff and related personnel may result in women with disabilities being refused access to health-care practitioners and/or services, especially women with psychosocial or intellectual impairments, deaf and deafblind women and women who are still institutionalized.[[fn:54]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":54,"text":"See A/HRC/20/5 and Corr.1, para. 37."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0044","docId":"crpd-c-gc-3","idx":44,"n":44,"text":"44. In practice, the choices of women with disabilities, especially women with psychosocial or intellectual disabilities, are often ignored and their decisions are often substituted by those of third parties, including legal representatives, service providers, guardians and family members, in violation of their rights under article 12 of the Convention.[[fn:55]] All women with disabilities must be able to exercise their legal capacity by taking their own decisions, with support when desired, with regard to medical and/or therapeutic treatment, including by taking their own decisions on retaining their fertility and reproductive autonomy, exercising their right to choose the number and spacing of children, consenting and accepting a statement of fatherhood and exercising their right to establish relationships. Restricting or removing legal capacity can facilitate forced interventions, such as sterilization, abortion, contraception, female genital mutilation, surgery or treatment performed on intersex children without their informed consent and forced detention in institutions.[[fn:56]]","labels":["Women/girls","Children","Persons with disabilities","LGBTI+","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":55,"text":"Office of the United Nations High Commissioner for Human Rights, United Nations Entity for Gender Equality and the Empowerment of Women, Joint United Nations Programme on HIV/AIDS, United Nations Development Programme, United Nations Population Fund, UNICEF and WHO, “Eliminating forced, coercive and otherwise involuntary sterilization: an interagency statement” (WHO, 2014)."},{"n":56,"text":"See Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014) on equal recognition before the law, para. 35."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-3-0045","docId":"crpd-c-gc-3","idx":45,"n":45,"text":"45. Forced contraception and sterilization can also result in sexual violence without the consequence of pregnancy, especially for women with psychosocial or intellectual disabilities, women in psychiatric or other institutions and women in custody. Therefore, it is particularly important to reaffirm that the legal capacity of women with disabilities should be recognized on an equal basis with that of others[[fn:57]] and that women with disabilities have the right to found a family and be provided with appropriate assistance to raise their children.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":57,"text":"Ibid., para. 31. See also art. 12 of the Convention on the Rights of Persons with Disabilities and art. 15 of the Convention on the Elimination of All Forms of Discrimination against Women."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0046","docId":"crpd-c-gc-3","idx":46,"n":46,"text":"46. Harmful gender and/or disability stereotypes based on such concepts as incapacity and inability can result in mothers with disabilities facing legal discrimination, which is why these women are significantly overrepresented in child protection proceedings and disproportionately lose contact and custody of their children, who are subject to adoption proceedings and/or to being placed in an institution. In addition, a husband can be granted separation or divorce on the basis of his wife’s psychosocial disability.","labels":["Women/girls","Children","Persons with disabilities","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0047","docId":"crpd-c-gc-3","idx":47,"n":47,"text":"47. Women with disabilities are exposed to compounded stereotypes that can be particularly harmful. Gender and disability stereotypes affecting women with disabilities include: being burdensome to others (i.e., they must be cared for, are a cause of hardship, an affliction and a responsibility, or require protection); being vulnerable (i.e., they are considered defenceless, dependent, reliant or unsafe); being victims (i.e., they are considered to be suffering, passive or helpless) or inferior (i.e., they are considered unable, inadequate, weak or worthless); having a sexual abnormality (e.g., they are stereotyped as asexual, inactive, overactive, incapable or sexually perverse); or being mystical or sinister (stereotyped as cursed, possessed by spirits, practitioners of witchcraft, harmful or bring either good or bad luck). Gender and/or disability stereotyping is the practice of ascribing to a specific individual a stereotypical belief; it is wrongful when it results in a violation or in violations of human rights and fundamental freedoms. An example of this is the failure of the justice system to hold the perpetrator of sexual violence against a woman with disability accountable based on stereotypical views about the women’s sexuality or her credibility as a witness.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Awareness-raising (art. 8)"]},{"id":"crpd-c-gc-3-0048","docId":"crpd-c-gc-3","idx":48,"n":48,"text":"48. The lack of consideration given to gender and/or disability aspects in policies relating to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and rural areas, prevents women with disabilities from living independently and participating fully in all areas of life on an equal basis with others. This is especially relevant in terms of women with disabilities’ access to safe houses, support services and procedures that provide effective and meaningful protection from violence, abuse and exploitation or in terms of providing health care, in particular reproductive health care.[[fn:58]]","labels":["Women/girls","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":58,"text":"See See Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014) on accessibility."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Accessibility (art. 9)"]},{"id":"crpd-c-gc-3-0049","docId":"crpd-c-gc-3","idx":49,"n":49,"text":"49. In situations of armed conflict, occupation of territories, natural disasters and humanitarian emergencies, women with disabilities are at an increased risk of sexual violence and are less likely to have access to recovery and rehabilitation services or access to justice.[[fn:59]] Women refugees, migrants and asylum seekers with disabilities may also face an increased risk of violence because they are denied the right to access health and justice systems because of their citizenship status.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":59,"text":"Statement of the Committee on the Rights of Persons with Disabilities on disability inclusion for the World Humanitarian Summit, available from the Committee’s web page (www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx)."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Situations of risk and humanitarian emergencies (art. 11)"]},{"id":"crpd-c-gc-3-0050","docId":"crpd-c-gc-3","idx":50,"n":50,"text":"50. Women with disabilities in situations of risk and humanitarian emergencies are at an increased risk of sexual violence, as outlined in the previous section. In addition, the lack of sanitation facilities increases discrimination against women with disabilities, who face a number of barriers to accessing humanitarian aid. Although women and children are prioritized in the distribution of humanitarian relief, women with disabilities cannot always obtain information on relief projects, as that information is often not available in accessible formats. When women with disabilities do receive information, they may not be able to physically access distribution points. Even when they do, they may not be able to communicate with staff. Likewise, if women with disabilities are subjected to violence, exploitation or abuse, information and communication helplines and hotlines may not be accessible. Refugee camps often lack child protection mechanisms for children with disabilities. In addition, accessible sanitation facilities to ensure hygienic menstrual management are often unavailable, which can in turn increase women with disabilities’ exposure to violence. Single women with disabilities face barriers to accessible evacuation as a result of an emergency or disaster situation, in particular if they are accompanied by their children at the time of evacuation. This disproportionately affects internally displaced women with disabilities who are without an adult family member, friends or caregivers. Displaced girls with disabilities face additional barriers in accessing formal and non-formal education, especially in crisis settings.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons with disabilities","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Situations of risk and humanitarian emergencies (art. 11)"]},{"id":"crpd-c-gc-3-0051","docId":"crpd-c-gc-3","idx":51,"n":51,"text":"51. Women with disabilities, more often than men with disabilities and more often than women without disabilities, are denied the right to legal capacity. Their rights to maintain control over their reproductive health, including on the basis of free and informed consent,[[fn:60]] to found a family, to choose where and with whom to live, to physical and mental integrity, to own and inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit[[fn:61]] are often violated through patriarchal systems of substituted decision-making.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":60,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014) on equal recognition before the law."},{"n":61,"text":"World Survey on the Role of Women in Development 2014: Gender Equality and Sustainable Development (United Nations publication, Sales No. E.14.IV.6)."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Equal recognition before the law (art. 12)"]},{"id":"crpd-c-gc-3-0052","docId":"crpd-c-gc-3","idx":52,"n":52,"text":"52. Women with disabilities face barriers to accessing justice, including with regard to exploitation, violence and abuse, owing to harmful stereotypes, discrimination and lack of procedural and reasonable accommodations, which can lead to their credibility being doubted and their accusations being dismissed.[[fn:62]] Negative attitudes in the implementation of procedures may intimidate victims or discourage them from pursuing justice. Complicated or degrading reporting procedures, the referral of victims to social services rather than the provision of legal remedies, dismissive attitudes by the police or other law enforcement agencies are examples of such attitudes. This could lead to impunity and to the invisibility of the issue, which in turn could result in violence lasting for extended periods of time.[[fn:63]] Women with disabilities may also fear reporting violence, exploitation or abuse because they are concerned that they may lose the support required from caregivers.[[fn:64]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":62,"text":"See A/HRC/20/5 and Corr.1, para. 41, and A/67/227, para. 42."},{"n":63,"text":"See A/HRC/20/5 and Corr.1, para. 19."},{"n":64,"text":"Ibid., para. 16."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Access to justice (art. 13)"]},{"id":"crpd-c-gc-3-0053","docId":"crpd-c-gc-3","idx":53,"n":53,"text":"53. Violations relating to deprivation of liberty disproportionately affect women with intellectual or psychosocial disabilities and those in institutional settings. Those deprived of their liberty in places such as psychiatric institutions, on the basis of actual or perceived impairment, are subject to higher levels of violence, as well as to cruel, inhuman or degrading treatment or punishment[[fn:65]] and are segregated and exposed to the risk of sexual violence and trafficking within care and special education institutions.[[fn:66]] Violence against women with disabilities in institutions includes: involuntary undressing by male staff against the will of the woman concerned; forced administration of psychiatric medication; and overmedication, which can reduce the ability to describe and/or remember sexual violence. Perpetrators may act with impunity because they perceive little risk of discovery or punishment given that access to judicial remedies is severely restricted, and women with disabilities subjected to such violence are unlikely to be able to access helplines or other forms of support to report such violations.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":65,"text":"Ibid., para. 39."},{"n":66,"text":"See CRPD/C/UKR/CO/1, para. 11."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Liberty and security of person and freedom from torture or cruel, inhuman or degrading treatment or punishment (arts. 14 and 15)"]},{"id":"crpd-c-gc-3-0054","docId":"crpd-c-gc-3","idx":54,"n":54,"text":"54. Women with disabilities are more likely to be subjected to forced interventions than are women in general and men with disabilities. Such forced interventions are wrongfully justified by theories of incapacity and therapeutic necessity, are legitimized under national laws and may enjoy wide public support for being in the alleged best interest of the person concerned.[[fn:67]] Forced interventions violate a number of rights enshrined in the Convention, namely: the right to equal recognition before the law; the right to freedom from exploitation, violence and abuse; the right to found a family; the right to the integrity of the person; the right to sexual and reproductive health; and the right to freedom from torture or cruel, inhuman or degrading treatment or punishment.[[fn:68]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":67,"text":"See A/HRC/22/53, para. 64."},{"n":68,"text":"See CRPD/C/SWE/CO/1, para. 37."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Freedom from torture or cruel, inhuman or degrading treatment or punishment and protecting the integrity of the person (arts. 15 and 17)"]},{"id":"crpd-c-gc-3-0055","docId":"crpd-c-gc-3","idx":55,"n":55,"text":"55. The right of women with disabilities to choose their place of residence may be adversely affected by cultural norms and patriarchal family values that limit autonomy and oblige them to live in a particular living arrangement. Thus, multiple discrimination can prevent the full and equal enjoyment of the right to live independently and to be included in the community. Age and impairment, separately or jointly, can increase the risk of institutionalization of older persons with disabilities.[[fn:69]] In addition, it has been widely documented that institutionalization may expose persons with disabilities to violence and abuse, with women with disabilities being particularly exposed.[[fn:70]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":69,"text":"See E/2012/51 and Corr.1."},{"n":70,"text":"See A/HRC/28/37, para. 24."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Living independently and being included in the community (art. 19)"]},{"id":"crpd-c-gc-3-0056","docId":"crpd-c-gc-3","idx":56,"n":56,"text":"56. Harmful gender and disability stereotypes combine to fuel discriminatory attitudes, policies and practices, such as: giving greater value to the education of boys over girls, using educational material perpetuating wrongful gender and disability stereotypes, encouraging the child marriage of girls with disabilities, carrying out gender-based family activities, assigning caregiver roles to women and girls and not providing accessible sanitation facilities at schools to ensure hygienic menstrual management. In turn, these result in higher rates of illiteracy, school failure, uneven daily attendance rates, absenteeism and dropping out of school entirely.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Education (art. 24)"]},{"id":"crpd-c-gc-3-0057","docId":"crpd-c-gc-3","idx":57,"n":57,"text":"57. Women with disabilities face barriers to accessing health and rehabilitation services. Among these barriers are: a lack of education and information on sexual and reproductive health and rights; physical barriers to gynaecological, obstetric and oncology services; and attitudinal barriers to fertility and hormone treatments. In addition, physical and psychological rehabilitation services, including counselling for acts of gender-based violence, may not be accessible, inclusive or age- or gender-sensitive.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Health and rehabilitation (arts. 25 and 26)"]},{"id":"crpd-c-gc-3-0058","docId":"crpd-c-gc-3","idx":58,"n":58,"text":"58. Besides the general barriers that persons with disabilities face when trying to exercise their right to work, women with disabilities also face unique barriers to their equal participation in the workplace, including sexual harassment and unequal pay and the lack of access to seek redress because of discriminatory attitudes dismissing their claims, as well as physical, information and communications barriers.[[fn:71]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":71,"text":"See A/HRC/20/5 and Corr.1, para. 40, and A/67/227, para. 67."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Employment (art. 27)"]},{"id":"crpd-c-gc-3-0059","docId":"crpd-c-gc-3","idx":59,"n":59,"text":"59. As a consequence of discrimination, women represent a disproportionate percentage of the world’s poor, which leads to a lack of choice and opportunities, especially in terms of formal employment income. Poverty is both a compounding factor and the result of multiple discrimination. Older women with disabilities especially face many difficulties in accessing adequate housing, are more likely to be institutionalized and do not have equal access to social protection and poverty reduction programmes.[[fn:72]]","labels":["Women/girls","Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":72,"text":"See A/70/297."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Social protection (art. 28)"]},{"id":"crpd-c-gc-3-0060","docId":"crpd-c-gc-3","idx":60,"n":60,"text":"60. The voices of women and girls with disabilities have historically been silenced, which is why they are disproportionately underrepresented in public decision-making. Owing to power imbalances and multiple discrimination, they have had fewer opportunities to establish or join organizations that can represent their needs as women, children and persons with disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Participation in political and public life (art. 29)"]},{"id":"crpd-c-gc-3-0061","docId":"crpd-c-gc-3","idx":61,"n":61,"text":"61. In its examination of States parties’ reports, the Committee has noted that States parties face a number of consistent challenges to guaranteeing to women with disabilities the full enjoyment of all their rights without discrimination and on an equal basis with others, in compliance with article 6 and other related articles of the Convention.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. National implementation"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0062","docId":"crpd-c-gc-3","idx":62,"n":62,"text":"62. In the light of the normative content and obligations outlined above, States parties should take the steps set out below to ensure full implementation of article 6 and provide adequate resources in that regard.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. National implementation"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0063","docId":"crpd-c-gc-3","idx":63,"n":63,"text":"States parties should combat multiple discrimination by, inter alia: (a) Repealing discriminatory laws, policies and practices that prevent women with disabilities from enjoying all the rights enshrined in the Convention, outlawing gender- and disability-based discrimination and its intersectional forms, criminalizing sexual violence against girls and women with disabilities, prohibiting all forms of forced sterilization, forced abortion and non-consensual birth control, prohibiting all forms of forced gender- and/or disability-related medical treatment and taking all appropriate legislative steps to protect women with disabilities against discrimination; (b) Adopting appropriate laws, policies and actions to ensure that the rights of women with disabilities are included in all policies, especially in policies related to women in general and policies on disability; (c) Addressing all barriers that prevent or restrict the participation of women with disabilities and ensuring that women with disabilities, as well as the views and opinions of girls with disabilities, through their representative organizations, are included in the design, implementation and monitoring of all programmes that have an impact on their lives; and including women with disabilities in all branches and bodies of the national monitoring system; (d) Collecting and analysing data on the situation of women with disabilities in all areas relevant to them in consultation with organizations of women with disabilities with a view to guiding policy planning for the implementation of article 6 and to eliminating all forms of discrimination, especially multiple and intersectional discrimination, and improving data collection systems for adequate monitoring and evaluation; (e) Ensuring that all international cooperation is disability- and gender-sensitive and inclusive and including data and statistics on women with disabilities in the implementation of the 2030 Agenda on Sustainable Development, including the Sustainable Development Goals, together with their targets and indicators, as well as other international frameworks.","labels":["Women/girls","Children","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. National implementation"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0064","docId":"crpd-c-gc-3","idx":64,"n":64,"text":"States parties should take all appropriate measures to ensure the development, advancement and empowerment of women with disabilities by, inter alia: (a) Repealing any law or policy that prevents women with disabilities from effectively and fully participating in political and public life on an equal basis with others, including in respect of the right to form and join organizations and networks of women in general and of women with disabilities in particular; (b) Adopting affirmative action measures for the development, advancement and empowerment of women with disabilities, in consultation with organizations of women with disabilities, with the aim of immediately addressing inequalities and ensuring that women with disabilities enjoy equality of opportunity with others. Such measures should be adopted in particular with regard to access to justice, the elimination of violence, respect for home and the family, sexual health and reproductive rights, health, education, employment and social protection. Public and private services and facilities used by women with disabilities should be fully accessible in compliance with article 9 of the Convention and the Committee’s general comment No. 2 (2014) on accessibility, and public and private service providers should be trained and educated on applicable human rights standards and on identifying and combating discriminatory norms and values so that they can provide appropriate attention, support and assistance to women with disabilities; (c) Adopting effective measures to provide women with disabilities access to the support they may require to exercise their legal capacity, in line with the Committee’s general comment No. 1 (2014) on equal recognition before the law, to give their free and informed consent and to take decisions about their own lives; (d) Supporting and promoting the creation of organizations and networks of women with disabilities, and supporting and encouraging women with disabilities to take leadership roles in public decision-making bodies at all levels; (e) Promoting the carrying out of specific research on the situation of women with disabilities, in particular research on impediments to the development, advancement and empowerment of women with disabilities in all areas related to them; considering women with disabilities in the collection of data relating to persons with disabilities and to women in general; appropriately targeting policies for the development, advancement and empowerment of women with disabilities; involving women with disabilities and their representative organizations in the design, implementation, monitoring and evaluation of, and training for, data collection; and establishing consultation mechanisms for the creation of systems capable of effectively identifying and capturing the diverse lived experiences of women with disabilities for improved public policies and practices; (f) Supporting and promoting international cooperation and assistance in a manner consistent with all national efforts to eliminate the legal, procedural, practical and social barriers to the full development, advancement and empowerment of women with disabilities in their communities, as well as at the national, regional and global levels, and the inclusion of women with disabilities in the design, implementation and monitoring of international cooperation projects and programmes that affect their lives.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. National implementation"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-3-0065","docId":"crpd-c-gc-3","idx":65,"n":65,"text":"65. States parties should take into account the recommendations of the relevant United Nations bodies dealing with gender equality and apply them to women and girls with disabilities.[[fn:73]]","labels":["Women/girls","Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":73,"text":"See E/CN.6/2016/3. See also: European Commission, International Training Centre of the International Labour Organization and UN-Women, Handbook on Costing Gender Equality (New York, 2015), available from www.unwomen.org/en/digital-library/publications/2015/7/handbook-on-costing-gender-equality; UN-Women, Guidebook on CEDAW General Recommendation no. 30 and the UN Security Council resolutions on women, peace and security (New York, 2015), available from www.unwomen.org/en/digital-library/publications/2015/8/guidebook-cedawgeneralrecommendation30-womenpeacesecurity; UN-Women, Guidance Note on Gender Mainstreaming in Development Programming (New York, 2014), available from www.unwomen.org/en/digital-library/publications/2015/02/gender-mainstreaming-issues; UN-Women, Guide for the Evaluation of Programmes and Projects with a Gender, Human Rights and Intercultural Perspective (New York, 2014), available from www.unwomen.org/en/digital-library/publications/2014/7/guide-for-the-evaluation-of-programmes-and-projects-with-a-gender-perspective; UN-Women, Monitoring Gender Equality and the Empowerment of Women and Girls in the 2030 Agenda for Sustainable Development: Opportunities and Challenges (New York, 2015), available from www.unwomen.org/en/digital-library/publications/2015/9/indicators-position-paper."}],"section":["V. National implementation"]},{"id":"crpd-c-gc-4-0001","docId":"crpd-c-gc-4","idx":1,"n":1,"text":"1. Historically viewed as welfare recipients, persons with disabilities are now recognized under international law as rights holders with a claim to the right to education without discrimination and on the basis of equal opportunities. The Convention on the Rights of the Child (1989), the World Declaration on Education for All (1990), the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) and the Salamanca statement and framework for action (1994) all include measures testifying to the growing awareness and understanding of the right of persons with disabilities to education.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"]},{"id":"crpd-c-gc-4-0002","docId":"crpd-c-gc-4","idx":2,"n":2,"text":"2. Recognition of inclusion as the key to achieving the right to education has strengthened over the past 30 years and is enshrined in the Convention on the Rights of Persons with Disabilities, the first legally binding instrument to contain a reference to the concept of quality inclusive education. Sustainable Development Goal 4 too affirms the value of inclusive, quality and equitable education. Inclusive education is central to achieving high-quality education for all learners, including those with disabilities, and for the development of inclusive, peaceful and fair societies. Furthermore, there is a powerful educational, social and economic case to be made. As reflected in the report of the Office of the United Nations High Commissioner for Human Rights on the thematic study on the right of persons with disabilities to education, only inclusive education can provide both quality education and social development for persons with disabilities, and a guarantee of universality and non-discrimination in the right to education.[[fn:1]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":1,"text":"See A/HRC/25/29 and Corr.1, paras. 3 and 68."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-4-0003","docId":"crpd-c-gc-4","idx":3,"n":3,"text":"3. Despite the progress achieved, however, the Committee is concerned that profound challenges persist. Many millions of persons with disabilities continue to be denied the right to education and for many more education is available only in settings where persons with disabilities are isolated from their peers and where the education they receive is of an inferior quality.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"]},{"id":"crpd-c-gc-4-0004","docId":"crpd-c-gc-4","idx":4,"n":4,"text":"Barriers that impede access to inclusive education for persons with disabilities can be attributed to multiple factors, including: (a) The failure to understand or implement the human rights model of disability, according to which barriers within the community and society, rather than personal impairments, exclude persons with disabilities; (b) Persistent discrimination against persons with disabilities, compounded by the isolation of those still living in long-term residential institutions, and low expectations about those in mainstream settings, allowing prejudices and fear to escalate and remain unchallenged; (c) Lack of knowledge about the nature and advantages of inclusive and quality education and diversity, including regarding competitiveness, in learning for all; lack of outreach to all parents; and lack of appropriate responses to support requirements, leading to misplaced fears and stereotypes that inclusion will cause a deterioration in the quality of education or otherwise have a negative impact on others; (d) Lack of disaggregated data and research (both of which are necessary for accountability and programme development), which impedes the development of effective policies and interventions to promote inclusive and quality education; (e) Lack of political will, technical knowledge and capacity in implementing the right to inclusive education, including insufficient education of all teaching staff; (f) Inappropriate and inadequate funding mechanisms to provide incentives and reasonable accommodations for the inclusion of students with disabilities, interministerial coordination, support and sustainability; (g) Lack of legal remedies and mechanisms to claim redress for violations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"]},{"id":"crpd-c-gc-4-0005","docId":"crpd-c-gc-4","idx":5,"n":5,"text":"5. States parties to the Convention on the Rights of Persons with Disabilities must have regard for the underlying general principles of the Convention in all measures taken to implement inclusive education and must ensure that both the process and outcomes of developing an inclusive education system comply with article 3.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-4-0006","docId":"crpd-c-gc-4","idx":6,"n":6,"text":"6. The present general comment is applicable to all persons with actual or perceived disabilities.[[fn:2]] The Committee recognizes that some groups are more at risk of exclusion from education than others, such as: persons with intellectual disabilities or multiple disabilities, persons who are deafblind, persons with autism or persons with disabilities in humanitarian emergencies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":2,"text":"Art. 1 (2) of the Convention on the Rights of Persons with Disabilities."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-4-0007","docId":"crpd-c-gc-4","idx":7,"n":7,"text":"7. Consistent with article 4 (3), States parties must consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations, in all aspects of planning, implementation, monitoring and evaluation of inclusive education policies. Persons with disabilities and, when appropriate, their families, must be recognized as partners and not merely recipients of education.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-4-0008","docId":"crpd-c-gc-4","idx":8,"n":8,"text":"8. In accordance with article 24 (1), States parties must ensure the realization of the right of persons with disabilities to education through an inclusive education system at all levels, including preschool, primary, secondary and tertiary education, vocational training and lifelong learning, extracurricular and social activities, and for all students, including persons with disabilities, without discrimination and on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-4-0009","docId":"crpd-c-gc-4","idx":9,"n":9,"text":"9. Ensuring the right to inclusive education entails a transformation in culture, policy and practice in all formal and informal educational environments to accommodate the differing requirements and identities of individual students, together with a commitment to removing the barriers that impede that possibility. It involves strengthening the capacity of the education system to reach out to all learners. It focuses on the full and effective participation, accessibility, attendance and achievement of all students, especially those who, for different reasons, are excluded or at risk of being marginalized. Inclusion involves access to and progress in high-quality formal and informal education without discrimination. Inclusion seeks to enable communities, systems and structures to combat discrimination, including harmful stereotypes, recognize diversity, promote participation and overcome barriers to learning and participation for all by focusing on the well-being and success of students with disabilities. It requires an in-depth transformation of education systems in legislation, policy and the mechanisms for financing, administering, designing, delivering and monitoring education.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"]},{"id":"crpd-c-gc-4-0010","docId":"crpd-c-gc-4","idx":10,"n":10,"text":"Inclusive education is to be understood as: (a) A fundamental human right of all learners. Notably, education is the right of the individual learner and not, in the case of children, the right of a parent or caregiver. Parental responsibilities in this regard are subordinate to the rights of the child; (b) A principle that values the well-being of all students, respects their inherent dignity and autonomy, and acknowledges individuals’ requirements and their ability to effectively be included in and contribute to society; (c) A means of realizing other human rights. It is the primary means by which persons with disabilities can lift themselves out of poverty, obtain the means to participate fully in their communities and be safeguarded from exploitation.[[fn:3]] It is also the primary means of achieving inclusive societies; (d) The result of a process of continuing and proactive commitment to eliminating barriers impeding the right to education, together with changes to culture, policy and practice of regular schools to accommodate and effectively include all students.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":3,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 13 (1999) on the right to education."}],"section":["II. Normative content of article 24"]},{"id":"crpd-c-gc-4-0011","docId":"crpd-c-gc-4","idx":11,"n":11,"text":"11. The Committee highlights the importance of recognizing the differences between exclusion, segregation, integration and inclusion. Exclusion occurs when students are directly or indirectly prevented from or denied access to education in any form. Segregation occurs when the education of students with disabilities is provided in separate environments designed or used to respond to a particular impairment or to various impairments, in isolation from students without disabilities. Integration is the process of placing persons with disabilities in existing mainstream educational institutions with the understanding that they can adjust to the standardized requirements of such institutions.[[fn:4]] Inclusion involves a process of systemic reform embodying changes and modifications in content, teaching methods, approaches, structures and strategies in education to overcome barriers with a vision serving to provide all students of the relevant age range with an equitable and participatory learning experience and the environment that best corresponds to their requirements and preferences. Placing students with disabilities within mainstream classes without accompanying structural changes to, for example, organization, curriculum and teaching and learning strategies, does not constitute inclusion. Furthermore, integration does not automatically guarantee the transition from segregation to inclusion.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":4,"text":"See A/HRC/25/29 and Corr.1, para. 4, and United Nations Children’s Fund (UNICEF), The Right of Children with Disabilities to Education: a Rights-based Approach to Inclusive Education (Geneva, 2012)."}],"section":["II. Normative content of article 24"]},{"id":"crpd-c-gc-4-0012","docId":"crpd-c-gc-4","idx":12,"n":12,"text":"The core features of inclusive education are: (a) A “whole systems” approach: education ministries must ensure that all resources are invested in advancing inclusive education and in introducing and embedding the necessary changes in institutional culture, policies and practices; (b) A “whole educational environment”: the committed leadership of educational institutions is essential for introducing and embedding the culture, policies and practices needed to achieve inclusive education at all levels and in all areas, including in classroom teaching and relationships, board meetings, teacher supervision, counselling services and medical care, school trips, budgetary allocations, any interaction with the parents of learners with and without disabilities and, when applicable, the local community or wider public; (c) A “whole person” approach: recognition is given to the capacity of every person to learn, and high expectations are established for all learners, including learners with disabilities. Inclusive education offers flexible curricula and teaching and learning methods adapted to different strengths, requirements and learning styles. This approach implies the provision of support, reasonable accommodation and early intervention so that all learners are able to fulfil their potential. The focus is on learners’ capacities and aspirations rather than on content when planning teaching activities. The “whole person” approach aims at ending segregation within educational settings by ensuring inclusive classroom teaching in accessible learning environments with appropriate supports. The education system must provide a personalized educational response, rather than expect students to fit the system; (d) Supported teachers: all teachers and other staff receive the education and training they need to give them the core values and competencies to accommodate inclusive learning environments, which include teachers with disabilities. An inclusive culture provides an accessible and supportive environment that encourages working through collaboration, interaction and problem-solving; (e) Respect for and value of diversity: all members of the learning community are equally welcome and must be shown respect for diversity irrespective of disability, race, colour, sex, language, linguistic culture, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status. All students must feel valued, respected, included and listened to. Effective measures to prevent abuse and bullying are in place. Inclusion takes an individual approach to students; (f) A learning-friendly environment: inclusive learning environments are accessible environments where everyone feels safe, supported, stimulated and able to express themselves and where there is a strong emphasis on involving students in building a positive school community. Recognition is afforded to the peer group in learning, building positive relationships, friendships and acceptance; (g) Effective transitions: learners with disabilities receive support to ensure the effective transition from learning at school to vocational and tertiary education and, finally, to work. Learners’ capacities and confidence are developed and learners receive reasonable accommodation, are treated with equality in assessments and examination procedures, and their capacities and attainments are certified on an equal basis with others; (h) Recognition of partnerships: teacher associations, student associations and federations, organizations of persons with disabilities, school boards, parent-teacher associations and other functioning school support groups, both formal and informal, are all encouraged to increase understanding and knowledge of disability. The involvement of parents or caregivers and the community is viewed as an asset that contributes resources and strengths. The relationship between the learning environment and the wider community must be recognized as a route towards inclusive societies; (i) Monitoring: as a continuing process, inclusive education must be monitored and evaluated on a regular basis to ensure that neither segregation nor integration are taking place, either formally or informally. According to article 33, monitoring should involve persons with disabilities, including children and persons with intensive support requirements, through their representative organizations, as well as parents or caregivers of children with disabilities, where appropriate. Disability-inclusive indicators must be developed and used in a manner consistent with the 2030 Agenda for Sustainable Development.","labels":["Indigenous peoples","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"33","source":"regex"}]},{"id":"crpd-c-gc-4-0013","docId":"crpd-c-gc-4","idx":13,"n":13,"text":"13. Consistent with the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and in order to give effect to article 24 (1) of the Convention on the Rights of Persons with Disabilities, States parties must ensure that the right to education is assured without discrimination and on the basis of equality of opportunity. States parties must prohibit all discrimination on the basis of disability and guarantee to all persons with disabilities equal and effective protection against discrimination on all grounds. Persons with disabilities can experience intersectional discrimination on the basis of disability, gender, religion, legal status, ethnic origin, age, sexual orientation or language. In addition, parents, siblings and other relatives can also experience discrimination on grounds of disability by association. The measures needed to address all forms of discrimination include identifying and removing legal, physical, communication and linguistic, social, financial and attitudinal barriers within educational institutions and the community. The right to non-discrimination includes the right not to be segregated and to be provided with reasonable accommodation and must be understood in the context of the duty to provide accessible learning environments and reasonable accommodation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-4-0014","docId":"crpd-c-gc-4","idx":14,"n":14,"text":"14. Situations of armed conflict, humanitarian emergencies and natural disasters have a disproportionate impact on the right to inclusive education. States parties should adopt inclusive disaster risk reduction strategies for comprehensive school safety and security in emergencies that are sensitive to learners with disabilities. Temporary learning environments in such contexts must ensure the right of persons with disabilities, in particular children with disabilities, to education on the basis of equality with others. They must include accessible educational materials, school facilities, counselling and access to training in the local sign language for deaf learners. In accordance with article 11 of the Convention on the Rights of Persons with Disabilities, and given the heightened risk of sexual violence in such settings, measures must be taken to ensure that learning environments are safe and accessible for women and girls with disabilities. Learners with disabilities must not be denied access to educational establishments on the basis that evacuating them in emergency situations would be impossible, and reasonable accommodation must be provided.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"11","source":"regex"}]},{"id":"crpd-c-gc-4-0015","docId":"crpd-c-gc-4","idx":15,"n":15,"text":"15. For article 24 (1) (a) to be realized, and in line with the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child, education must be directed at the full development of the human potential and sense of dignity and self-worth, and the strengthening of respect for human rights and human diversity. States parties must ensure that education conforms to the aims and objectives of the International Covenant on Economic, Social and Cultural Rights as interpreted in the light of the World Declaration on Education for All (art. 1), the Convention on the Rights of the Child (art. 29 (1)), the Vienna Declaration and Programme of Action (Part I, para. 33, and Part II, para. 80) and the Plan of Action for the United Nations Decade for Human Rights Education (para. 2). These texts include additional elements such as references to gender equality and respect for the environment.[[fn:5]] Ensuring the right to education is a matter of access as well as content, and efforts should be directed at upholding a wide range of values, including understanding and tolerance.[[fn:6]] Inclusive education must aim at promoting mutual respect and value for all persons and at building educational environments in which the approach to learning, the culture of the educational institution and the curriculum itself reflect the value of diversity.","labels":["Women/girls","Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":5,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 13."},{"n":6,"text":"Committee on the Rights of the Child, general comment No. 1 (2001) on the aims of education."}],"section":["II. Normative content of article 24"],"citedArticles":[{"article":"24","paragraph":"1","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly states 'For article 24 (1) (a) to be realized' in CRPD GC 4 on inclusive education; art. 24 CRPD."},{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 1 to the World Declaration on Education for All — UNESCO non-binding instrument."},{"article":"29","paragraph":"1","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'the Convention on the Rights of the Child (art. 29 (1))'."}]},{"id":"crpd-c-gc-4-0016","docId":"crpd-c-gc-4","idx":16,"n":16,"text":"16. For article 24 (1) (b) to be implemented, education should be directed to the development of the personality, talents and creativity of persons with disabilities, as well as of their mental, physical and communicational abilities, to their fullest potential. The education of persons with disabilities too often focuses on a deficit approach, on their actual or perceived impairment and on limiting opportunities to pre-defined and negative assumptions of their potential. States parties must support the creation of opportunities to build on the unique strengths and talents of each individual with a disability.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-4-0017","docId":"crpd-c-gc-4","idx":17,"n":17,"text":"17. For article 24 (1) (c) to be realized, the aims of education must be directed at enabling persons with disabilities to participate fully and effectively in a free society. Recalling article 23 (3) of the Convention on the Rights of the Child, the Committee stresses that, regarding children with disabilities, assistance must be provided to ensure that they have effective access to education in a manner conducive to achieving their fullest possible social integration and individual development. States parties must recognize that individual support and reasonable accommodation are priority matters and should be free of charge at all compulsory levels of education.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRC","article":"24","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"23","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-4-0018","docId":"crpd-c-gc-4","idx":18,"n":18,"text":"18. For article 24 (2) (a) to be implemented, the exclusion of persons with disabilities from the general education system should be prohibited, including through any legislative or regulatory provisions that limit their inclusion on the basis of their impairment or the degree of that impairment, such as by conditioning inclusion on the extent of the potential of the individual or by alleging a disproportionate and undue burden to evade the obligation to provide reasonable accommodation. General education means all regular learning environments and the education department. Direct exclusion would be to classify certain students as “non-educable” and thereby ineligible for access to education. Indirect exclusion would be imposing a requirement to pass a common test as a condition for school entry without reasonable accommodations and support.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0019","docId":"crpd-c-gc-4","idx":19,"n":19,"text":"19. For article 4 (1) (b) of the Convention to be implemented, States parties should take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities and that are in violation of article 24. Where necessary, discriminatory laws, regulations, customs and practices should be repealed or amended in a systematic and time-bound manner.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0020","docId":"crpd-c-gc-4","idx":20,"n":20,"text":"20. For article 24 (2) (b) to be realized, persons with disabilities must have access to inclusive, quality and free primary and secondary education and be able to transition smoothly between the two on an equal basis with others in the communities where they live. The Committee draws on the recommendation of the Committee on Economic, Social and Cultural Rights that, to fulfil that obligation, the education system must comprise four interrelated features: availability, accessibility, acceptability and adaptability.[[fn:7]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":7,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 13."}],"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0021","docId":"crpd-c-gc-4","idx":21,"n":21,"text":"21. Public and private educational institutions and programmes must be available in sufficient quantity and quality. States parties must guarantee a broad availability of educational places for learners with disabilities at all levels throughout the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Availability"]},{"id":"crpd-c-gc-4-0022","docId":"crpd-c-gc-4","idx":22,"n":22,"text":"22. Consistent with article 9 of the Convention and with the Committee’s general comment No. 2 (2014) on accessibility, educational institutions and programmes must be accessible to everyone, without discrimination. The entire education system must be accessible, including buildings, information and communications tools (comprising ambient or frequency modulation assistive systems), the curriculum, educational materials, teaching methods, assessments and language and support services. The environment of students with disabilities must be designed to foster inclusion and guarantee their equality throughout their education.[[fn:8]] For example, school transportation, water and sanitation facilities (including hygiene and toilet facilities), school cafeterias and recreational spaces should be inclusive, accessible and safe. States parties must commit to the prompt introduction of universal design. States parties should prohibit and sanction the building of any future education infrastructure that is inaccessible and establish an efficient monitoring mechanism and time frame for rendering all existing education environments accessible. States parties must also commit to the provision of reasonable accommodation in education environments when so required. The universal design approach does not exclude the provision of assistive devices, applications and software to those learners with disabilities who may require them. Accessibility is a dynamic concept and its application requires periodic regulatory and technical adjustments. States parties must ensure that the rapid development of innovations and new technologies designed to enhance learning are accessible to all students, including those with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":8,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 2."}],"section":["II. Normative content of article 24","Accessibility"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-4-0023","docId":"crpd-c-gc-4","idx":23,"n":23,"text":"23. The Committee highlights the widespread lack of textbooks and learning materials in accessible formats and languages, including sign language. States parties must invest in the timely development of resources in ink or Braille and in digital formats, including through the use of innovative technology. They should also consider developing standards and guidelines for the conversion of printed material into accessible formats and languages and making accessibility a central aspect of education-related procurement. The Committee calls upon States parties to urgently ratify and implement the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Accessibility"]},{"id":"crpd-c-gc-4-0024","docId":"crpd-c-gc-4","idx":24,"n":24,"text":"24. Accessibility requires that education at all levels be affordable for students with disabilities. Reasonable accommodation should not entail additional costs for learners with disabilities. Compulsory, quality, free and accessible primary education is an immediate obligation. In line with the 2030 Agenda for Sustainable Development, States parties must progressively adopt measures to ensure that all children, including children with disabilities, complete free, equitable and quality secondary education and to ensure equal access for all women and men with disabilities to affordable and quality technical, vocational and tertiary education, including university, and lifelong learning. States parties must ensure that persons with disabilities are able to access education in both public and private academic institutions on an equal basis with others.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Accessibility"]},{"id":"crpd-c-gc-4-0025","docId":"crpd-c-gc-4","idx":25,"n":25,"text":"25. Acceptability is the obligation to design and implement all education-related facilities, goods and services taking fully into account and respecting the requirements, cultures, views and languages of persons with disabilities. The form and substance of education provided must be acceptable to all. States parties must adopt affirmative action measures to ensure that education is of good quality for all.[[fn:9]] Inclusion and quality are reciprocal: an inclusive approach can make a significant contribution to the quality of education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":9,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 13."}],"section":["II. Normative content of article 24","Acceptability"]},{"id":"crpd-c-gc-4-0026","docId":"crpd-c-gc-4","idx":26,"n":26,"text":"26. The Committee encourages States parties to adopt the universal design for learning approach, which consists of a set of principles providing teachers and other staff with a structure for creating adaptable learning environments and developing instruction to meet the diverse needs of all learners. It recognizes that each student learns in a unique manner and involves: developing flexible ways to learn, creating an engaging classroom environment; maintaining high expectations for all students while allowing for multiple ways to meet expectations; empowering teachers to think differently about their own teaching; and focusing on educational outcomes for all, including persons with disabilities. Curricula must be conceived, designed and implemented in such a way as to meet and adjust to the requirements of every student, and provide appropriate educational responses. Standardized assessments must be replaced with flexible and multiple forms of assessments and the recognition of individual progress towards broad goals that provide alternative routes for learning.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0027","docId":"crpd-c-gc-4","idx":27,"n":27,"text":"27. In accordance with article 24 (2) (b) of the Convention, persons with disabilities must be able to attend primary and secondary schools in the communities where they live. Students should not be sent away from home. The educational environment must be within safe physical reach for persons with disabilities and include safe and secure means of transportation; alternatively, it must be accessible through information and communications technologies. However, States parties should avoid relying exclusively on technology as a substitute for the direct involvement of students with disabilities and interaction with teachers and role models within the educational environment. Active participation with other students, including siblings of learners with disabilities, is an important component of the right to inclusive education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0028","docId":"crpd-c-gc-4","idx":28,"n":28,"text":"28. In accordance with article 24 (2) (c), States parties must provide reasonable accommodation to enable individual students to have access to education on an equal basis with others. “Reasonableness” is understood as the result of a contextual test that involves an analysis of the relevance and the effectiveness of the accommodation and the expected goal of countering discrimination. The availability of resources and financial implications is recognized when assessing disproportionate burden. The duty to provide reasonable accommodation is enforceable from the moment a request for such accommodation is made.[[fn:10]] Policies that commit to reasonable accommodation must be adopted at the national, local and educational institution levels, and at all levels of education. The extent to which reasonable accommodation is provided must be considered in the light of the overall obligation to develop an inclusive education system, maximizing the use of existing resources and developing new ones. Using a lack of resources and the existence of financial crises to justify failure to make progress towards inclusive education violates article 24.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":10,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 2."}],"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0029","docId":"crpd-c-gc-4","idx":29,"n":29,"text":"29. The Committee reiterates the distinction between the general accessibility duty and the obligation to provide reasonable accommodation.[[fn:11]] Accessibility benefits groups of the population and is based on a set of standards that are implemented gradually. Disproportionality or undue burden cannot be claimed to defend the failure to provide accessibility. Reasonable accommodation relates to an individual and is complementary to the accessibility duty. An individual can legitimately request reasonable accommodation measures even if the State party has fulfilled its accessibility duty.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":11,"text":"Ibid."}],"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0030","docId":"crpd-c-gc-4","idx":30,"n":30,"text":"30. The definition of what is proportionate will necessarily vary according to context. The availability of accommodations should be considered with respect to a larger pool of educational resources available in the education system and not limited to resources available at the academic institution in question; transfer of resources within the system should be possible. There is no “one size fits all” formula to reasonable accommodation, as different students with the same impairment may require different accommodations. Accommodations may include: changing the location of a class; providing different forms of in-class communication; enlarging print, materials and/or subjects in signs, or providing handouts in an alternative format; and providing students with a note taker or a language interpreter or allowing students to use assistive technology in learning and assessment situations. Provision of non-material accommodations, such as allowing a student more time, reducing levels of background noise (sensitivity to sensory overload), using alternative evaluation methods and replacing an element of the curriculum with an alternative must also be considered. To ensure that the accommodation meets the requirements, will, preferences and choices of students and can be implemented by the institution provider, discussions must take place between the educational authorities and providers, the academic institution, students with disabilities and, depending on the students’ age and capacity, if appropriate, their parents, caregivers or other family members. Provision of reasonable accommodation may not be conditional on a medical diagnosis of impairment and should be based instead on the evaluation of social barriers to education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0031","docId":"crpd-c-gc-4","idx":31,"n":31,"text":"31. The denial of reasonable accommodation constitutes discrimination and the duty to provide reasonable accommodation is immediately applicable and not subject to progressive realization. States parties must ensure that independent systems are in place to monitor the appropriateness and effectiveness of accommodations and provide safe, timely and accessible mechanisms for redress when students with disabilities and, if relevant, their families, consider that they have not been adequately provided or have experienced discrimination. Measures to protect victims of discrimination against victimization during the redress process are essential.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0032","docId":"crpd-c-gc-4","idx":32,"n":32,"text":"32. For article 24 (2) (d) to be implemented, students with disabilities should be entitled to the support they require to facilitate their effective education and enable them to fulfil their potential on an equal basis with others. Support in terms of general availability of services and facilities within the education system should ensure that students with disabilities are able to fulfil their potential to the maximum extent possible, including, for example, the provision of sufficiently trained and supported teaching staff, school counsellors, psychologists and other relevant health and social service professionals, as well as access to scholarships and financial resources.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0033","docId":"crpd-c-gc-4","idx":33,"n":33,"text":"33. For article 24 (2) (e) to be realized, adequate, continuous and personalized support is to be provided directly. The Committee emphasizes the need to provide individualized education plans that can identify the reasonable accommodations and specific support required by individual students, including the provision of assistive compensatory aids, specific learning materials in alternative/accessible formats, modes and means of communication, communication aids and assistive and information technology. Support can also consist of a qualified learning support assistant, either on a shared or on a one-to-one basis, depending on the requirements of the student. Individualized education plans must address the transitions experienced by learners who move from segregated to mainstream settings and between levels of education. The effectiveness of such plans should be regularly monitored and evaluated with the direct involvement of the learner concerned. The nature of the provision must be determined in collaboration with the student, together, where appropriate, with the parents, caregivers or other third parties. The learner must have access to recourse mechanisms if the support is unavailable or inadequate.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0034","docId":"crpd-c-gc-4","idx":34,"n":34,"text":"34. Any support measures provided must be compliant with the goal of inclusion. Accordingly, they must be designed to strengthen opportunities for students with disabilities to participate in the classroom and in out-of-school activities alongside their peers, rather than marginalize them.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0035","docId":"crpd-c-gc-4","idx":35,"n":35,"text":"Regarding article 24 (3), many States parties are failing to make appropriate provision for persons with disabilities, in particular persons on the autism spectrum, those with communication impairments and those with sensory disabilities, to acquire the life, language and social skills essential for participation in education and within their communities: (a) Blind and partially sighted students must be provided with opportunities to learn Braille, alternative script, augmentative and alternative modes, means and formats of communication, as well as orientation and mobility skills. Investment in access to appropriate technology and alternative communication systems to facilitate learning should be supported. Peer support and mentoring schemes should be introduced and encouraged; (b) Deaf and hard-of-hearing students must be provided with the opportunity to learn sign language and measures must be taken to recognize and promote the linguistic identity of the deaf community. The Committee draws the attention of States parties to the Convention against Discrimination in Education, which establishes the right of children to be taught in their own language, and reminds States parties that, in line with article 30 (4) of the Convention on the Rights of Persons with Disabilities, persons with disabilities are entitled, on an equal basis with others, to recognition of and support for their specific cultural and linguistic identity, including sign languages and deaf culture. In addition, hard-of-hearing students must also have access to quality speech therapy services, induction loop technology and captioning; (c) Students who are blind, deaf or deafblind must be provided with education delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize personal, academic and social development both within and outside formal school settings. The Committee emphasizes that, for such inclusive environments to exist, States parties should provide the required support, including by way of resources, assistive technology and orientation and mobility skills; (d) Learners with communication impairments must be provided with the opportunity to express themselves and learn using alternative or augmentative communication. This may include the provision of sign language, low- or high-technology communication aids such as tablets with speech output, voice output communication aids or communication books. States parties should invest in developing expertise, technology and services in order to promote access to appropriate technology and alternative communication systems to facilitate learning; (e) Learners with social communication difficulties must be supported through adaptations to classroom organization, including work in pairs, peer tutoring, seating close to the teacher and the creation of a structured and predictable environment; (f) Learners with intellectual impairments must be provided with concrete, observable/visual and easy-to-read teaching and learning materials within a safe, quiet and structured learning environment, targeting capacities that will best prepare students for independent living and vocational contexts. States parties should invest in inclusive interactive classrooms where use is made of alternative instructional strategies and assessment methods.","labels":["Children","Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"30","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-4-0036","docId":"crpd-c-gc-4","idx":36,"n":36,"text":"36. To realize article 24 (4), States parties are required to take appropriate measures to employ administration, teaching and non-teaching staff with the skills to work effectively in inclusive education environments, qualified in sign language and/or Braille and with orientation and mobility skills. Having an adequate number of qualified and committed school staff is key to the introduction and sustainability of inclusive education. Lack of understanding and capacity remain significant barriers to inclusion. States parties must ensure that all teachers are trained in inclusive education and that that training is based on the human rights model of disability.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-4-0037","docId":"crpd-c-gc-4","idx":37,"n":37,"text":"37. States parties must invest in and support the recruitment and continuous education of teachers with disabilities. This includes removing any legislative or policy barriers requiring candidates to fulfil specific medical eligibility criteria and the provision of reasonable accommodations for their participation as teachers. Their presence will serve to promote equal rights for persons with disabilities to enter the teaching profession, bring unique expertise and skills into learning environments, contribute to breaking down barriers and serve as important role models.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0038","docId":"crpd-c-gc-4","idx":38,"n":38,"text":"38. To give effect to article 24 (5), States parties should ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. Attitudinal, physical, linguistic, communication, financial, legal and other barriers to education at these levels must be identified and removed in order to ensure equal access. Reasonable accommodation must be provided to ensure that persons with disabilities do not face discrimination. States parties should consider taking affirmative action measures in tertiary education in favour of learners with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"5","source":"regex"}]},{"id":"crpd-c-gc-4-0039","docId":"crpd-c-gc-4","idx":39,"n":39,"text":"39. States parties should respect, protect and fulfil each of the essential features of the right to inclusive education: availability, accessibility, acceptability and adaptability. The obligation to respect requires avoiding measures that hinder the enjoyment of the right, such as legislation excluding certain children with disabilities from education, or the denial of accessibility or reasonable accommodation. The obligation to protect requires taking measures that prevent third parties from interfering with the enjoyment of the right, for example, parents refusing to send girls with disabilities to school, or private institutions refusing to enroll persons with disabilities on the basis of their impairment. The obligation to fulfil requires taking measures that enable and assist persons with disabilities to enjoy the right to education, for example, ensuring that educational institutions are accessible and that education systems are adapted appropriately with resources and services.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-4-0040","docId":"crpd-c-gc-4","idx":40,"n":40,"text":"40. Article 4 (2) requires that States parties take measures to the maximum of their available resources regarding economic, social and cultural rights and, where needed, within a framework of international cooperation, with a view to achieving progressively the full realization of those rights. Progressive realization means that States parties have a specific and continuing obligation to move as expeditiously and effectively as possible towards the full realization of article 24.[[fn:12]] This is not compatible with sustaining two systems of education: a mainstream education system and a special/segregated education system. Progressive realization must be read in conjunction with the overall objective of the Convention to establish clear obligations for States parties in respect of the full realization of the rights in question. Similarly, States parties are encouraged to redefine budgetary allocations for education, including by transferring part of their budgets to the development of inclusive education. Any deliberately retrogressive measures in that regard must not disproportionately target learners with disabilities at any level of education.[[fn:13]] They must be only a temporary measure limited to the period of crisis, be necessary and proportionate, not be discriminatory and comprise all possible measures to mitigate inequalities.[[fn:14]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":12,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of States parties’ obligations, para. 9."},{"n":13,"text":"Ibid."},{"n":14,"text":"Letter dated 16 May 2012 by the Chair of the Committee on Economic, Social and Cultural Rights addressed to States parties to the International Covenant on Economic, Social and Cultural Rights."}],"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0041","docId":"crpd-c-gc-4","idx":41,"n":41,"text":"Progressive realization does not prejudice those obligations that are immediately applicable. As the Committee on Economic, Social and Cultural Rights has stated in its general comment No. 3 (1990) on the nature of States parties’ obligations, States parties have a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each aspect of the right to education.[[fn:15]] Therefore, States parties should implement the following core rights with immediate effect: (a) Non-discrimination in all aspects of education and encompassing all internationally prohibited grounds of discrimination. States parties must ensure non-exclusion from education for persons with disabilities and eliminate structural disadvantages to achieve effective participation and equality for all persons with disabilities. They must urgently take steps to remove all legal, administrative and other forms of discrimination impeding the right of access to inclusive education. The adoption of affirmative action measures does not constitute a violation of the right to non-discrimination with regard to education, so long as such measures do not lead to the maintenance of unequal or separate standards for different groups; (b) Reasonable accommodations to ensure non-exclusion from education for persons with disabilities. Failure to provide reasonable accommodation constitutes discrimination on the ground of disability; (c) Compulsory, free primary education available to all. States parties must take all appropriate measures to guarantee that right, on the basis of inclusion, to all children and youth with disabilities. The Committee urges States parties to ensure access to and completion of quality education for all children and youth to at least 12 years of free, publicly funded, inclusive and equitable quality primary and secondary education, of which at least nine years are compulsory, as well as access to quality education for out-of-school children and youth through a range of modalities, as outlined in the Education 2030 Framework for Action.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":15,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 3."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-4-0042","docId":"crpd-c-gc-4","idx":42,"n":42,"text":"42. States parties must adopt and implement a national educational strategy that includes the provision of education at all levels for all learners, on a basis of inclusion and equality of opportunity. The educational objectives set out in article 24 (1) place equivalent obligations on States parties and must therefore be regarded on a comparable basis of immediacy.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-4-0043","docId":"crpd-c-gc-4","idx":43,"n":43,"text":"43. With regard to international cooperation, and in line with Sustainable Development Goal 4 and the Education 2030 Framework for Action, all bilateral and multilateral cooperation must aim to advance inclusive and equitable quality education and promote lifelong learning opportunities for all, including support for capacity-building, information-sharing and the exchange of best practices, research, technical and economic assistance, and access to accessible and assistive technologies. All data collected and all international assistance spent on education should be disaggregated by impairment. Consideration of an international coordination mechanism on inclusive education to implement Goal 4 and to build evidence will contribute to a better policy dialogue and to monitoring progress.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-4-0044","docId":"crpd-c-gc-4","idx":44,"n":44,"text":"44. States parties must recognize the indivisibility and interdependence of all human rights. Education is integral to the full and effective realization of other rights.[[fn:16]] Conversely, the right to inclusive education can only be realized if certain other rights are implemented. Moreover, the right to inclusive education must be underpinned by the creation of inclusive environments throughout society. This will require the adoption of the human rights model of disability, which recognizes the obligation to remove societal barriers that serve to exclude and marginalize persons with disabilities and the need to adopt measures to ensure implementation of the rights set out below.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":16,"text":"Ibid., general comment No. 11 (1999) on plans of action for primary education and general comment No. 13."}],"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-4-0045","docId":"crpd-c-gc-4","idx":45,"n":45,"text":"45. Article 5 enshrines the principle of equal protection of all persons before and under the law. States parties must prohibit all disability-based discrimination and provide persons with disabilities effective and equal protection against discrimination on all grounds. To address systemic and structural discrimination and to ensure “equal benefit of the law”, States parties must take affirmative action measures, such as removing architectural and communicative or other barriers to mainstream education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-4-0046","docId":"crpd-c-gc-4","idx":46,"n":46,"text":"46. Article 6 recognizes that women and girls with disabilities are subject to multiple discrimination and that States parties must adopt measures to ensure the equal enjoyment of their rights. Intersectional discrimination and exclusion pose significant barriers to the realization of the right to education for women and girls with disabilities. States parties must identify and remove those barriers, including gender-based violence and the lack of value placed on the education of women and girls, and put in place specific measures to ensure that the right to education is not impeded by gender and/or disability discrimination, stigma or prejudice. Harmful gender and/or disability stereotypes in textbooks and curricula must be eliminated. Education plays a vital role in combating traditional notions of gender that perpetuate patriarchal and paternalistic societal frameworks.[[fn:17]] States parties must ensure access for and the retention of girls and women with disabilities in education and rehabilitation services, as instruments for their development, advancement and empowerment.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":17,"text":"Committee on the Elimination of Discrimination against Women, “Concept note on the draft general recommendation on girls’/women’s right to education” (2014)."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-4-0047","docId":"crpd-c-gc-4","idx":47,"n":47,"text":"47. Article 7 asserts that, in all actions concerning children with disabilities, the best interests of the child shall be a primary consideration. The concept of best interests is aimed at ensuring the full and effective enjoyment by the child of all human rights and the child’s holistic development.[[fn:18]] Any determination of the best interests of a child with a disability must consider the child’s own views and individual identity, the preservation of the family, care, protection and safety of the child, any particular vulnerability, and the child’s right to health and education. The Convention on the Rights of the Child affirms that the best interests of the child must be the basis on which education policies and provisions are determined. Article 7 (3) further asserts that children with disabilities have the right to express their views and that their views on all matters affecting them should be given due weight, in accordance with their age and maturity, on an equal basis with other children, and that they must be provided with disability- and age-appropriate assistance. Guaranteeing the right of children to participate in their education must be applied equally to children with disabilities, in their own learning and individualized education plans, within the classroom pedagogy, through school councils, in the development of school policies and systems, and in the development of the wider educational policy.[[fn:19]]","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":18,"text":"Committee on the Rights of the Child, general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration."},{"n":19,"text":"Ibid., general comment No. 12 (2009) on the right of the child to be heard."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"},{"treaty":"CRC","article":"7","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-4-0048","docId":"crpd-c-gc-4","idx":48,"n":48,"text":"48. Article 8 calls for measures to raise awareness and challenge stereotypes, prejudices and harmful practices relating to persons with disabilities, targeting in particular practices affecting women and girls with disabilities, persons with intellectual disabilities and persons with intensive support requirements. Stereotypes, prejudices and harmful practices constitute barriers that impede both access to and effective learning within the education system. The Committee notes the practice of some parents removing their children with disabilities from inclusive schools, on the basis of a lack of awareness and understanding of the nature of disability. States parties must adopt measures to build a culture of diversity, participation and involvement in community life and to highlight inclusive education as a means of achieving a quality education for all students, with and without disabilities, parents, teachers and school administrations, as well as the community and society. States parties must ensure that mechanisms are in place to foster, at all levels of the education system and among parents and the wider public, an attitude of respect for the rights of persons with disabilities. Civil society, in particular organizations representing persons with disabilities, should be involved in all awareness-raising activities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"8","source":"regex"}]},{"id":"crpd-c-gc-4-0049","docId":"crpd-c-gc-4","idx":49,"n":49,"text":"49. Articles 9 and 24 are closely interconnected. Accessibility is a precondition for the full and equal participation of persons with disabilities in society. Persons with disabilities cannot effectively enjoy their right to inclusive education without an accessible built environment, including schools and all other places of education, and without accessible public transport, services, information and communications technologies. Modes and means of teaching should be accessible and teaching should be conducted in accessible environments. The whole environment in which students with disabilities learn must be designed in such a way as to foster inclusion. Inclusive education is also a powerful tool for the promotion of accessibility and universal design.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0050","docId":"crpd-c-gc-4","idx":50,"n":50,"text":"50. The Committee calls States parties’ attention to its general comment No. 1 (2014) on equal recognition before the law and stresses that inclusive education provides students with disabilities, in particular those with psychosocial or intellectual impairments, with an opportunity to express their will and preferences. States parties must ensure that inclusive education supports learners with disabilities in building their confidence to exercise legal capacity, providing the necessary support at all educational levels, including to diminish future requirements for support if they so wish.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-4-0051","docId":"crpd-c-gc-4","idx":51,"n":51,"text":"51. Persons with disabilities, in particular women and girls with disabilities, can be disproportionately affected by violence and abuse, including physical and humiliating punishments by educational personnel, for example through the use of restraints and seclusion and bullying by others in and en route to school. To give effect to article 16 (2), States parties are required to take all appropriate measures to provide protection from and prevent all forms of exploitation, violence and abuse, including sexual violence, against persons with disabilities. Such measures must be age-, gender- and disability-sensitive. The Committee strongly endorses the recommendations of the Committee on the Rights of the Child, the Human Rights Committee and the Committee on Economic, Social and Cultural Rights that States parties prohibit all forms of corporal punishment and cruel, inhuman and degrading treatment in all settings, including schools, and ensure effective sanctions against perpetrators.[[fn:20]] It encourages schools and other educational centres to involve students, including students with disabilities, in the development of policies, including accessible protection mechanisms, to address disciplinary measures and bullying, including cyberbullying, which is increasingly recognized as a growing feature of the lives of students, in particular children.","labels":["Women/girls","Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":20,"text":"Ibid., general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"16","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0052","docId":"crpd-c-gc-4","idx":52,"n":52,"text":"52. Inclusive education requires recognition of the right of persons with disabilities to live within the community and enjoy inclusion and participation in the community (art. 19). It also demands recognition of the equal right of persons with disabilities to a family life or, failing that, to alternative care within a community setting (art. 23). Children in the care of the State party, residing for example in foster care or care homes, must be ensured the right to inclusive education and the right to appeal against decisions of the State party that deny them the right to inclusive education. Too many persons with disabilities live in long-term institutional care, without access to community-based services, including education, consistent with their right to, inter alia, family life, community living, freedom of association, protection from violence and access to justice. The introduction of inclusive education in the local community must take place alongside a strategic commitment to ending the practice of placing persons with disabilities in institutions (see para. 66 below). States parties should note the role that exercising the right to inclusive education will play in building the strengths, skills and competencies necessary for all persons with disabilities to enjoy, benefit from and contribute to their local communities.","labels":["Children","Persons with disabilities","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"23","source":"regex"}]},{"id":"crpd-c-gc-4-0053","docId":"crpd-c-gc-4","idx":53,"n":53,"text":"53. For inclusive education to be realized effectively, persons with disabilities must be guaranteed personal mobility on an independent basis (art. 20). Where transportation is not readily available and where there are no personal assistants to support access to educational institutions, persons with disabilities, in particular blind and visually impaired persons, must be given adequate training in mobility skills to promote greater independence. States parties should also provide persons with disabilities with the opportunity to acquire mobility aids and appliances at an affordable cost.","labels":["Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"20","source":"regex"}]},{"id":"crpd-c-gc-4-0054","docId":"crpd-c-gc-4","idx":54,"n":54,"text":"54. Fulfilment of the right of persons with disabilities to enjoy the highest possible standard of health without discrimination (art. 25) is integral to the opportunity to benefit fully from education. The ability to attend educational environments and to learn effectively is seriously compromised if there is no access to health or to appropriate treatment and care. States parties should establish health, hygiene and nutrition programmes with a gender perspective that are integrated into education services and allow for the continual monitoring of all health needs. Such programmes should be developed on the principles of universal design and accessibility, provide regular school nurse visits and health screenings, and build community partnerships. Persons with disabilities, on an equal basis with others, must be provided with age-appropriate, comprehensive and inclusive sexuality education, based on scientific evidence and human rights standards, and in accessible formats.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"25","source":"regex"}]},{"id":"crpd-c-gc-4-0055","docId":"crpd-c-gc-4","idx":55,"n":55,"text":"55. States parties must take effective measures to provide habilitation and rehabilitation services within the education system, including health-care, occupational, physical, social, counselling and other services (art. 26). Such services must begin at the earliest stage possible, be based on a multidisciplinary assessment of a student’s strengths and support maximum independence, autonomy, respect of dignity, full physical, mental, social and vocational ability and inclusion and participation in all aspects of life. The Committee stresses the significance of supporting the development of community-based rehabilitation that addresses early identification and encourages peer support.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"26","source":"regex"}]},{"id":"crpd-c-gc-4-0056","docId":"crpd-c-gc-4","idx":56,"n":56,"text":"56. Quality inclusive education must prepare persons with disabilities for work life through the acquisition of the knowledge, skills and confidence necessary for participation in the open labour market and in an open, inclusive and accessible work environment (art. 27).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-4-0057","docId":"crpd-c-gc-4","idx":57,"n":57,"text":"57. Full participation in political and public life is enhanced through the realization of the right to inclusive education. Curricula for all students must include the topic of citizenship and the skills of self-advocacy and self-representation as a fundamental basis for participation in political and societal processes. Public affairs include forming and participating in student organizations such as student unions and States parties should promote the creation of an environment in which persons with disabilities can form, join and effectively and fully participate in such student organizations through the forms of communication and language of their choice (art. 29).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-4-0058","docId":"crpd-c-gc-4","idx":58,"n":58,"text":"58. States parties must remove barriers and promote accessibility and availability of inclusive opportunities for persons with disabilities to participate on an equal basis with others in play, recreation and sports in the school system and in extracurricular activities, including in other educational environments (art. 30).[[fn:21]] Appropriate measures must be in place within the educational environment to ensure opportunities for persons with disabilities to access cultural life and to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit but also for the enrichment of society. Such measures must ensure that persons with disabilities are entitled to recognition of their specific cultural and linguistic identity, including sign languages and deaf culture.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":21,"text":"Ibid., general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-4-0059","docId":"crpd-c-gc-4","idx":59,"n":59,"text":"59. The Committee has identified a number of challenges facing States parties in the implementation of article 24. In order to implement and sustain an inclusive education system for all persons with disabilities, the measures below need to be addressed at the national level.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0060","docId":"crpd-c-gc-4","idx":60,"n":60,"text":"60. Responsibility for the education at all levels of persons with disabilities, as well as for the education of others, must rest with the education ministry. In many countries, the education of persons with disabilities is currently marginalized within ministries of social welfare or health, which has resulted in, inter alia, exclusion from mainstream legislation, policies, planning and resourcing for education, lower levels of per capita investment in the education of persons with disabilities, a lack of overarching and coherent structures to support inclusive education, a lack of integrated data collection on enrolment, retention and attainment, and a failure to develop inclusive teacher education. States parties must urgently take measures to put the education of learners with disabilities under the competence of the ministry of education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0061","docId":"crpd-c-gc-4","idx":61,"n":61,"text":"61. States parties must ensure a comprehensive and intersectoral commitment to inclusive education throughout the government. Inclusive education cannot be realized by education ministries in isolation. All relevant ministries and commissions with responsibilities that cover substantive articles of the Convention must commit to and align their understanding of the implications of an inclusive education system in order to achieve an integrated approach and to work collaboratively towards a shared agenda. Accountability measures for all ministries involved must be put into place to uphold such commitments. Partnerships should also be forged with service providers, organizations representing persons with disabilities, the media, civil society organizations, local authorities, student associations and federations, universities and teacher education colleges.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0062","docId":"crpd-c-gc-4","idx":62,"n":62,"text":"62. States parties, at every level, must implement or introduce legislation based on the human rights model of disability that fully complies with article 24. The Committee recalls that article 4 (5) requires federal States to ensure that article 24 is implemented, without limitations or exceptions, in all parts of the State party.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"5","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0063","docId":"crpd-c-gc-4","idx":63,"n":63,"text":"A comprehensive and coordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. Such a framework must address issues of flexibility, diversity and equality in all educational institutions for all learners and identify responsibilities at all levels of government. Key elements will include: (a) Compliance with international human rights standards; (b) A clear definition of inclusion and the specific objectives it seeks to achieve at all educational levels. Inclusion principles and practices must be considered as integral to reform, and not simply as an add-on programme; (c) A substantive right to inclusive education as a key element of the legislative framework. Provisions that define certain categories of students as “uneducable”, for example, must be repealed; (d) A guarantee for students with and without disabilities to the same right to access inclusive learning opportunities within the general education system and, for individual learners, to the necessary support services at all levels; (e) A requirement for all new schools to be designed and built following the principle of universal design through accessibility standards, together with a time frame for adapting existing schools in line with the Committee’s general comment No. 2. The use of public procurement to implement this element is encouraged; (f) The introduction of comprehensive quality standards for inclusive education and disability-inclusive monitoring mechanisms to track progress in implementation at all levels and ensure that policies and programmes are implemented and backed by the requisite investment; (g) The introduction of accessible monitoring mechanisms to ensure the implementation of policies and the provision of the requisite investment; (h) Recognition of the need for reasonable accommodations to support inclusion, based on human rights standards rather than on the efficient use of resources, together with sanctions for failure to provide reasonable accommodation; (i) The clear statement, in all legislation with the potential to have an impact on inclusive education, that inclusion is a concrete goal; (j) A consistent framework for the early identification, assessment and support required to enable persons with disabilities to flourish in inclusive learning environments; (k) The obligation for local authorities to plan and provide for all learners, including persons with disabilities, within inclusive settings and classes, including in the most appropriate languages, accessible formats and modes and means of communication; (l) Legislation to guarantee to all persons with disabilities, including children with disabilities, the right to be heard and to have their opinion be given due consideration within the education system, including through school councils, governing bodies, local and national governments, and mechanisms through which to challenge and appeal decisions concerning education; (m) The creation of partnerships and coordination between all stakeholders, including persons with disabilities through their representative organizations, different agencies, development organizations, non-governmental organizations and parents or caregivers.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0064","docId":"crpd-c-gc-4","idx":64,"n":64,"text":"64. Legislation must be supported by an education sector plan, developed in consultation with organizations of persons with disabilities, including children with disabilities, and detailing the process for the implementation of an inclusive education system. It should contain a time frame and measurable goals, including measures to ensure consistency. The plan should be informed by a comprehensive analysis of the current context pertaining to inclusive education in order to provide a baseline from which to progress, including data on, for example, current budgetary allocations, quality of data collection methods, numbers of children with disabilities out of school, challenges and barriers, existing laws and policies, key concerns of persons with disabilities, families and the State party.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0065","docId":"crpd-c-gc-4","idx":65,"n":65,"text":"65. States parties must introduce independent, effective, accessible, transparent, safe and enforceable complaints mechanisms and legal remedies in cases of violations of the right to education. Persons with disabilities must have access to justice systems that understand how to accommodate persons with disabilities and are capable of addressing disability-based claims. States parties must also ensure that information about the right to education and about how to challenge a denial or violation of that right must be widely disseminated and publicized to persons with disabilities, with the involvement of their representative organizations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0066","docId":"crpd-c-gc-4","idx":66,"n":66,"text":"66. Inclusive education is incompatible with institutionalization. States parties must engage in a well-planned and structured process of de-institutionalization of persons with disabilities. Such a process must address: a managed transition setting out a defined time frame for the transition; the introduction of a legislative requirement to develop community based provision; the re-direction of funds and the introduction of multidisciplinary frameworks to support and strengthen community-based services; the provision of support for families; and collaboration and consultation with organizations representing persons with disabilities, including children with disabilities, as well as parents or caregivers. Pending the process of de-institutionalization, persons in institutional care settings should be given access to inclusive education with immediate effect by linking them with inclusive academic institutions in the community.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0067","docId":"crpd-c-gc-4","idx":67,"n":67,"text":"67. Early childhood interventions can be particularly valuable for children with disabilities, serving to strengthen their capacity to benefit from education and promoting their enrolment and attendance. All such interventions must guarantee respect for the dignity and autonomy of the child. In line with the 2030 Agenda for Sustainable Development, including Sustainable Development Goal 4, States parties are urged to ensure access to quality early childhood development, care and pre-primary education, together with the provision of support and training to parents and caregivers of young children with disabilities. If identified and supported early, young children with disabilities are more likely to transition smoothly into pre-primary and primary inclusive education settings. States parties must ensure coordination between all relevant ministries, authorities and bodies as well as organizations of persons with disabilities and other non-governmental partners.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0068","docId":"crpd-c-gc-4","idx":68,"n":68,"text":"68. In accordance with article 31, States parties must collect appropriate disaggregated data to formulate policies, plans and programmes to fulfil their obligations under article 24. They must introduce measures to address the lack of accurate data on prevalence of persons with different impairments, as well as the lack of sufficient quality research and data relating to access to, permanence in and progress within education, provision of reasonable accommodation and the associated outcomes. Census, survey and administrative data, including data from the Education Management Information System, must capture information on students with disabilities, including those still living in institutional settings. States parties should also gather disaggregated data and evidence on the barriers that prevent persons with disabilities from having access to, remaining in and making progress in inclusive quality education to enable the adoption of effective measures to dismantle such barriers. Strategies must be adopted to overcome the exclusion of persons with disabilities from standard quantitative and qualitative data-gathering mechanisms, including when it results from parents’ reluctance to admit the existence of a child with a disability, the lack of birth registration and invisibility within institutions.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"31","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0069","docId":"crpd-c-gc-4","idx":69,"n":69,"text":"69. States parties must commit sufficient financial and human resources throughout the development of an education sector plan and of cross-sectoral plans to support the implementation of inclusive education, consistent with the principle of progressive realization. States parties must reform their governance systems and financing mechanisms to ensure the right to education of all persons with disabilities. They should also allocate budgets using mechanisms available under public procurement processes and partnerships with the private sector. These allocations must prioritize, inter alia, ensuring adequate resources for rendering existing educational settings accessible in a time-bound manner, investing in inclusive teacher education, making available reasonable accommodations, providing accessible transport to school, making available appropriate and accessible text books, teaching and learning materials, providing assistive technologies and sign language, and implementing awareness-raising initiatives to address stigma and discrimination, in particular bullying in educational settings.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0070","docId":"crpd-c-gc-4","idx":70,"n":70,"text":"70. The Committee urges States parties to transfer resources from segregated to inclusive environments. States parties should develop a funding model that allocates resources and incentives for inclusive educational environments to provide the necessary support to persons with disabilities. The determination of the most appropriate approach to funding will be informed to a significant degree by the existing educational environment and the requirements of potential learners with disabilities who are affected by it.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0071","docId":"crpd-c-gc-4","idx":71,"n":71,"text":"71. A process of educating all teachers at preschool, primary, secondary, tertiary and vocational education levels must be initiated to provide them with the core competencies and values necessary to work in inclusive educational environments. Such a process requires adaptations to both pre- and in-service training to achieve the appropriate skill levels in the shortest time possible, to facilitate the transition to an inclusive education system. All teachers must be provided with dedicated units/modules to prepare them to work in inclusive settings, as well as practical experiential learning settings where they can build the skills and confidence to solve problems through diverse inclusion challenges. The core content of teacher education must address a basic understanding of human diversity, growth and development, the human rights model of disability and inclusive pedagogy that enables teachers to identify students’ functional abilities (strengths, abilities and learning styles) to ensure their participation in inclusive educational environments. Teacher education should include learning about the use of appropriate augmentative and alternative modes, means and formats of communication such as Braille, large print, accessible multimedia, easyread, plain language, sign language and deaf culture, educational techniques and materials to support persons with disabilities. In addition, teachers need practical guidance and support in, among others: the provision of individualized instruction; teaching the same content using varied teaching methods to respond to the learning styles and unique abilities of each person; the development and use of individual educational plans to support specific learning requirements; and the introduction of a pedagogy centred on students’ educational objectives.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0072","docId":"crpd-c-gc-4","idx":72,"n":72,"text":"72. Inclusive education requires a support and resource system for teachers in educational institutions at all levels. Such a system might include partnerships between neighbouring educational institutions, including universities, promoting collaborative practices, including team teaching, study groups, joint student assessment processes, peer support and exchange visits, as well as partnerships with civil society. Parents and caregivers of students with disabilities can, where appropriate, serve as partners in the development and implementation of learning programmes, including individualized education plans. They can play a significant role in advising and supporting teachers in the provision of support to individual students, but must never be a pre-requisite for admission into the education system. States parties should utilize all possible sources of support for teachers, including organizations representing persons with disabilities, learners with disabilities and local community members who can contribute significantly in the form of peer mentoring, partnering and problem-solving. Their involvement provides an additional resource in the classroom and serves to build links with local communities, breaking down barriers and rendering teachers more responsive and sensitive to strengths and requirements of students with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0073","docId":"crpd-c-gc-4","idx":73,"n":73,"text":"73. Authorities at all levels must have the capacity, commitment and resources to implement laws, policies and programmes to support inclusive education. States parties must ensure the development and delivery of training to inform all relevant authorities of their responsibilities under the law and to increase understanding of the rights of persons with disabilities. The skills, knowledge and understanding necessary to implement inclusive education policies and practices include: understanding of the concept of the right to an inclusive education and its aims, knowledge of the relevant international and national legislation and policies, development of local inclusive education plans, collaboration and partnerships, support, guidance and supervision of local educational institutions, monitoring and evaluation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0074","docId":"crpd-c-gc-4","idx":74,"n":74,"text":"74. Quality inclusive education requires methods of appraising and monitoring students’ progress that considers the barriers faced by students with disabilities. Traditional systems of assessment, which use standardized achievement test scores as the sole indicator of success for both students and schools, may disadvantage students with disabilities. The emphasis should be on individual progress towards broad goals. With appropriate teaching methodologies, support and accommodations, all curricula can be adapted to meet the needs of all students, including those with disabilities. Inclusive student assessment systems can be strengthened through a system of individualized supports.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0075","docId":"crpd-c-gc-4","idx":75,"n":75,"text":"75. In compliance with article 33, and to measure progress on the realization of the right to education through the establishment of an inclusive education system, States parties must develop monitoring frameworks with structural, process and outcome indicators, and specific benchmarks and targets for each indicator, consistent with Sustainable Development Goal 4.[[fn:22]] Persons with disabilities, through their representative organizations, should be involved in both the determination of the indicators and in the collection of data and statistics. Structural indicators should measure barriers to inclusive education and not be limited merely to collecting data disaggregated by impairment. Process indicators, such as on changes to the accessibility of physical environments, curriculum adaptations or teacher training, will make it possible to monitor the progress of the transformation. Outcome indicators such as the percentage of students with disabilities in inclusive learning environments obtaining final official certification or diplomas or the percentage of students with disabilities admitted to secondary education, must also be established. States parties should also consider measuring the quality of education through, for example, the five dimensions recommended by UNESCO: respect for rights, equity, relevance, pertinence, efficiency and efficacy. Monitoring affirmative action measures such as quotas or incentives may also be considered.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":22,"text":"Office of the United Nations High Commissioner for Human Rights, Human Rights Indicators: a Guide to Measurement and Implementation (New York and Geneva, 2012)."}],"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"33","source":"regex"}]},{"id":"crpd-c-gc-4-0076","docId":"crpd-c-gc-4","idx":76,"n":76,"text":"76. The Committee notes the growth in many countries of private-sector education. States parties must recognize that the right to inclusive education extends to the provision of all education, not merely that provided by public authorities. States parties must adopt measures that protect against infringements of rights by third parties, including the business sector. Regarding the right to education, such measures must address the obligation to guarantee the provision of inclusive education and involve, as necessary, legislation and regulation, monitoring, oversight, enforcement and the adoption of policies to frame how business enterprises can have an impact on the effective enjoyment and exercise of rights by persons with disabilities. Educational institutions, including private educational institutions and enterprises, should not charge additional fees for integrating accessibility and/or reasonable accommodation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-5-0001","docId":"crpd-c-gc-5","idx":1,"n":1,"text":"1. Persons with disabilities have historically been denied their personal and individual choice and control across all areas of their lives. Many have been presumed to be unable to live independently in their self-chosen communities. Support is either unavailable or tied to particular living arrangements, and community infrastructure is not universally designed. Resources are invested in institutions instead of in developing possibilities for persons with disabilities to live independently in the community. This has led to abandonment, dependence on family, institutionalization, isolation and segregation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"]},{"id":"crpd-c-gc-5-0002","docId":"crpd-c-gc-5","idx":2,"n":2,"text":"2. Article 19 of the Convention on the Rights of Persons with Disabilities recognizes the equal right of all persons with disabilities to live independently and be included in the community, with the freedom to choose and control their lives. The foundation of the article is the core human rights principle that all human beings are born equal in dignity and rights and all life is of equal worth.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0003","docId":"crpd-c-gc-5","idx":3,"n":3,"text":"3. Article 19 emphasizes that persons with disabilities are subjects of rights and are rights holders. The general principles of the Convention (art. 3), particularly respect for the individual’s inherent dignity, autonomy and independence (art. 3 (a)) and the full and effective participation and inclusion in society (art. 3 (c)), are the foundation of the right to live independently and be included in the community. Other principles enshrined in the Convention are also essential to interpret and apply article 19.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0004","docId":"crpd-c-gc-5","idx":4,"n":4,"text":"4. Independent living and inclusive life in the community are ideas that historically stemmed from persons with disabilities asserting control over the way they want to live by creating empowering forms of support such as personal assistance and requesting that community facilities be in line with universal design principles.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"]},{"id":"crpd-c-gc-5-0005","docId":"crpd-c-gc-5","idx":5,"n":5,"text":"5. In the preamble to the Convention, States parties recognize that many persons with disabilities live in poverty and stress the need to address the impact of poverty. The cost of social exclusion is high as it perpetuates dependency and thus interference with individual freedoms. Social exclusion also engenders stigma, segregation and discrimination, which can lead to violence, exploitation and abuse in addition to negative stereotypes that feed into a cycle of marginalization of persons with disabilities. Policies and concrete plans of action for social inclusion of persons with disabilities, including through the promotion of their right to independent living (art. 19), represent a cost-effective mechanism to ensure the enjoyment of rights, sustainable development and a reduction in poverty.","labels":["Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0006","docId":"crpd-c-gc-5","idx":6,"n":6,"text":"6. The present general comment aims at assisting States parties in their implementation of article 19 and fulfilling their obligations under the Convention. It concerns primarily the obligation to ensure every individual’s enjoyment of the right to live independently and be included in the community, but it is also related to other provisions of the Convention. Article 19 is one of the widest ranging and most intersectional articles of the Convention and has to be considered as integral to the full implementation of the Convention.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0007","docId":"crpd-c-gc-5","idx":7,"n":7,"text":"7. Article 19 entails civil and political as well as economic, social and cultural rights and is an example of the interrelation, interdependence and indivisibility of all human rights. The right to live independently and be included in the community can only be realized if all economic, civil, social and cultural rights enshrined in this norm are fulfilled. International human rights law imposes obligations which are of immediate effect and others which may be realized progressively.[[fn:1]] Full realization also requires structural changes that may need to be taken in stages, whether civil and political or social, economic and cultural rights are at stake.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":1,"text":"See Committee on Economic, Social and Cultural Rights , general comment No. 3 (1990) on the nature of States parties’ obligations 3, paras. 1-2."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0008","docId":"crpd-c-gc-5","idx":8,"n":8,"text":"8. Article 19 reflects the diversity of cultural approaches to human living and ensures that its content is not biased towards certain cultural norms and values. Living independently and being included in the community is a basic concept of human living around the globe and is applied to the context of disability. It means exercising freedom of choice and control over decisions affecting one’s life with the maximum level of self-determination and interdependence within society. This right must be effectively realized in different economic, social, cultural and political contexts. The right to live independently and be included in the community refers to all persons with disabilities, irrespective of race; colour; descent; sex; pregnancy and maternity; civil, family or carer situation; gender identity; sexual orientation; language; religion; political or other opinion; national, ethnic, indigenous or social origin; migrant, asylum-seeking or refugee status; belonging to a national minority, economic or property status; health status; genetic or other predisposition towards illness; birth and age, or any other, status.","labels":["Refugees & asylum-seekers","Indigenous peoples","Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0009","docId":"crpd-c-gc-5","idx":9,"n":9,"text":"9. The right contained in article 19 is deeply rooted within international human rights law. The Universal Declaration of Human Rights stresses in article 29 (1) the interdependence of an individual’s personal development and the social aspect of being a part of the community: “Everyone has duties to the community in which alone the free and full development of his personality is possible.” Article 19 has its roots in civil and political as well as economic, social and cultural rights: the right to liberty of movement and freedom to choose one’s residence (article 12 of the International Covenant on Civil and Political Rights) and the right to an adequate standard of living, including adequate clothing, food and housing (article 11 of the International Covenant on Economic, Social and Cultural Rights), and to basic communication rights form the basis for the right to live independently and be included in the community. Liberty of movement, an adequate standard of living as well as the ability to understand and have one’s preferences, choices and decisions understood form indispensable conditions for human dignity and the free development of a person.[[fn:2]]","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":2,"text":"See Universal Declaration of Human Rights, art. 22; Human Rights Committee, general comment No. 27 (1997) on freedom of movement, para. 1; Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on adequate housing, para. 7."}],"section":["I. Introduction"],"citedArticles":[{"article":"19","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Opening sentence of CRPD GC 5, which is the GC on art. 19 CRPD (living independently)."},{"article":"29","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'The Universal Declaration of Human Rights stresses in article 29 (1)' — UDHR is non-binding."},{"article":"19","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Second 'Article 19' reference, still the CRPD GC 5 subject provision."},{"article":"12","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 12 of the International Covenant on Civil and Political Rights' (freedom of movement)."},{"article":"11","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 11 of the International Covenant on Economic, Social and Cultural Rights' (adequate standard of living)."}]},{"id":"crpd-c-gc-5-0010","docId":"crpd-c-gc-5","idx":10,"n":10,"text":"10. The Convention on the Elimination of All Forms of Discrimination against Women emphasizes the equality of women and men and condemns discrimination against women in all its forms (art. 1). The Convention reaffirms the equality between women and men concerning legal matters, including legal capacity and opportunities to exercise that capacity (art. 15 (2)). It also requests States parties to recognize the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile (art. 15 (4)).","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"15","paragraph":"2","source":"regex"},{"treaty":"CEDAW","article":"15","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-5-0011","docId":"crpd-c-gc-5","idx":11,"n":11,"text":"11. Article 9 (1) of the Convention on the Rights of the Child requires States parties to “ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interest of the child”. States parties to this Convention “shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities”, as guaranteed by article 18 (2). In addition, article 20 (1) establishes that “[a] child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State”, and article 20 (2) that “States parties shall in accordance with their national laws ensure alternative care for such a child”. Alternative care provided on the grounds of disability would be discriminatory.","labels":["Children","Persons with disabilities","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"9","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"18","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"20","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"20","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-5-0012","docId":"crpd-c-gc-5","idx":12,"n":12,"text":"12. Article 23 (1) further establishes that all children with disabilities should enjoy a life in dignity in conditions which ensure self-reliance and facilitate active participation in the community. The Committee on the Rights of the Child has expressed its concern at the high number of children with disabilities placed in institutions and urged States parties, through deinstitutionalization programmes, to support their ability to live in their family, extended family or foster care.[[fn:3]]","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":3,"text":"See Committee on the Rights of the Child, general comment No. 9 (2006) on the rights of children with disabilities, para. 47."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"23","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-5-0013","docId":"crpd-c-gc-5","idx":13,"n":13,"text":"13. Equality and non-discrimination are fundamental principles of international human rights law and enshrined in all core human rights instruments. In its general comment No. 5 (1994) on persons with disabilities, the Committee on Economic, Social and Cultural Rights highlights that “segregation and isolation achieved through the imposition of social barriers” count as discrimination. It also stresses in relation to article 11 that the right to an adequate standard of living not only includes having equal access to adequate food, accessible housing and other basic material requirements, but also the availability of support services and assistive devices and technologies fully respecting the human rights of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"11","source":"regex"}]},{"id":"crpd-c-gc-5-0014","docId":"crpd-c-gc-5","idx":14,"n":14,"text":"14. Article 19 and the content of the present general comment must also guide and support the implementation of the New Urban Agenda adopted by the United Nations Conference on Housing and Sustainable Urban Development (Habitat III) as an integral part of 2030 Agenda for Sustainable Development and the Sustainable Development Goals. The New Urban Agenda advocates a vision of cities and human settlements where all persons can enjoy equal rights and opportunities by promoting inclusive, just, safe, healthy, accessible, affordable, resilient and sustainable cities and human settlements. In connection with article 19 of the Convention, Sustainable Development Goal target 10.2, empowerment and promotion of social, economic and political inclusion for all, and target 11.1, ensuring access to adequate, safe and affordable housing and affordable services for all, are of special importance.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0015","docId":"crpd-c-gc-5","idx":15,"n":15,"text":"The Committee on the Rights of Persons with Disabilities has noted advancements in implementing article 19 in the last decade. However, the Committee observes a gap between the goals and spirit of article 19 and the scope of its implementation. Some of the remaining barriers are the following: (a) Denial of legal capacity, either through formal laws and practices or de facto by substitute decision-making about living arrangements; (b) Inadequacy of social support and protection schemes for ensuring living independently within the community; (c) Inadequacy of legal frameworks and budget allocations aimed at providing personal assistance and individualized support; (d) Physical and regulatory institutionalization, including of children and forced treatment in all its forms; (e) Lack of deinstitutionalization strategies and plans and continued investments in institutional care settings; (f) Negative attitudes, stigma and stereotypes preventing persons with disabilities from being included in the community and accessing available assistance; (g) Misconceptions about the right to living independently within the community; (h) Lack of available, acceptable, affordable, accessible and adaptable services and facilities, such as transport, health care, schools, public spaces, housing, theatres, cinemas, goods and services and public buildings; (i) Lack of adequate monitoring mechanisms for ensuring the appropriate implementation of article 19, including the participation of representative organizations of persons with disabilities; (j) Insufficient mainstreaming of disability in general budget allocations; (k) Inappropriate decentralization, resulting in disparities between local authorities and unequal chances of living independently within the community in a State party.","labels":["Children","Persons with disabilities","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0016","docId":"crpd-c-gc-5","idx":16,"n":16,"text":"In the present general comment the following definitions apply: (a) Independent living. Independent living/living independently means that individuals with disabilities are provided with all necessary means to enable them to exercise choice and control over their lives and make all decisions concerning their lives. Personal autonomy and self-determination are fundamental to independent living, including access to transport, information, communication and personal assistance, place of residence, daily routine, habits, decent employment, personal relationships, clothing, nutrition, hygiene and health care, religious activities, cultural activities and sexual and reproductive rights. These activities are linked to the development of a person’s identity and personality: where we live and with whom, what we eat, whether we like to sleep in or go to bed late at night, be inside or outdoors, have a tablecloth and candles on the table, have pets or listen to music. Such actions and decisions constitute who we are. Independent living is an essential part of the individual’s autonomy and freedom and does not necessarily mean living alone. It should also not be interpreted solely as the ability to carry out daily activities by oneself. Rather, it should be regarded as the freedom to choose and control, in line with the respect for inherent dignity and individual autonomy as enshrined in article 3 (a) of the Convention. Independence as a form of personal autonomy means that the person with disability is not deprived of the opportunity of choice and control regarding personal lifestyle and daily activities; (b) Being included in the community. The right to be included in the community relates to the principle of full and effective inclusion and participation in society as enshrined in, among others, article 3 (c) of the Convention. It includes living a full social life and having access to all services offered to the public and to support services offered to persons with disabilities to enable them to be fully included and participate in all spheres of social life. These services can relate, among others, to housing, transport, shopping, education, employment, recreational activities and all other facilities and services offered to the public, including social media. The right also includes having access to all measures and events of political and cultural life in the community, among others, public meetings, sports events, cultural and religious festivals and any other activity in which the person with disability wishes to participate; (c) Independent living arrangements. Both independent living and being included in the community refer to life settings outside residential institutions of all kinds. It is not “just” about living in a particular building or setting; it is, first and foremost, about not losing personal choice and autonomy as a result of the imposition of certain life and living arrangements. Neither large-scale institutions with more than a hundred residents nor smaller group homes with five to eight individuals, nor even individual homes can be called independent living arrangements if they have other defining elements of institutions or institutionalization. Although institutionalized settings can differ in size, name and set-up, there are certain defining elements, such as obligatory sharing of assistants with others and no or limited influence over whom one has to accept assistance from; isolation and segregation from independent life within the community; lack of control over day-to-day decisions; lack of choice over whom to live with; rigidity of routine irrespective of personal will and preferences; identical activities in the same place for a group of persons under a certain authority; a paternalistic approach in service provision; supervision of living arrangements; and usually also a disproportion in the number of persons with disabilities living in the same environment. Institutional settings may offer persons with disabilities a certain degree of choice and control; however, these choices are limited to specific areas of life and do not change the segregating character of institutions. Policies of deinstitutionalization therefore require implementation of structural reforms which go beyond the closure of institutional settings. Large or small group homes are especially dangerous for children, for whom there is no substitute for the need to grow up with a family. “Family-like” institutions are still institutions and are no substitute for care by a family; (d) Personal assistance. Personal assistance refers to person-directed/“user”-led human support available to a person with disability and is a tool for independent living. Although modes of personal assistance may vary, there are certain elements which distinguish it from other types of personal assistance, namely: (i) Funding for personal assistance must be provided on the basis of personalized criteria and take into account human rights standards for decent employment. The funding is to be controlled by and allocated to the person with disability with the purpose of paying for any assistance required. It is based on an individual needs assessment and upon the individual life circumstances. Individualized services must not result in a reduced budget and/or higher personal payment; (ii) The service must be controlled by the person with disability, meaning that he or she can either contract the service from a variety of providers or act as an employer. Persons with disabilities have the option to custom design their own service, i.e., design the service and decide by whom, how, when, where and in what way the service is delivered and to instruct and direct service providers; (iii) Personal assistance is a one-to-one relationship. Personal assistants must be recruited, trained and supervised by the person granted personal assistance. Personal assistants should not be “shared” without the full and free consent of the person granted personal assistance. Sharing of personal assistants will potentially limit and hinder the self-determined and spontaneous participation in the community; (iv) Self-management of service delivery. Persons with disabilities who require personal assistance can freely choose their degree of personal control over service delivery according to their life circumstances and preferences. Even if the responsibilities of “the employer” are contracted out, the person with disability always remains at the centre of the decisions concerning the assistance, the one to whom any inquiries must be directed and whose individual preferences must be respected. The control of personal assistance can be exercised through supported decision-making.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","A. Definitions"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-5-0017","docId":"crpd-c-gc-5","idx":17,"n":17,"text":"17. Providers of support service often wrongly describe their service using the terms “independent” or “community living” as well as “personal assistance”, though in practice such services do not fulfil the requirements posed by article 19. Mandatory “package solutions” which, among other things, link the availability of one particular service to another, expect two or more persons to live together or can only be provided within special living arrangements are not in line with article 19. The concept of personal assistance wherein the person with disabilities does not have full self-determination and self-control are to be considered not compliant with article 19. Persons with complex communication requirements, including those who use informal means of communication (i.e., communication via non-representational means, including facial expression, body position and vocalization) must be provided with appropriate supports enabling them to develop and convey their directions, decisions, choices and/or preferences and have them acknowledged and respected.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","A. Definitions"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0018","docId":"crpd-c-gc-5","idx":18,"n":18,"text":"18. Article 19 reaffirms non-discrimination and recognition of the equal right of persons with disabilities to live independently in the community. In order for the right to live independently, with choices equal to others, and be included in the community to be realized, States parties must take effective and appropriate measures to facilitate the full enjoyment of the right and the full inclusion and participation of persons with disabilities in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0019","docId":"crpd-c-gc-5","idx":19,"n":19,"text":"19. The article covers two concepts, which are only clearly mentioned in its heading: the right to independent living and the right to be included in the community. Whereas the right to independent living refers to an individual dimension, as a right to emancipate oneself without being denied access and opportunities, the right to be included in the community entails a social dimension, i.e., the positive right to develop inclusive environments. The right as enshrined in article 19 covers both concepts.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0020","docId":"crpd-c-gc-5","idx":20,"n":20,"text":"20. Article 19 explicitly refers to all persons with disabilities. Neither the full or partial deprivation of any “degree” of legal capacity nor the level of support required may be invoked to deny or limit the right to independence and independent living in the community to persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0021","docId":"crpd-c-gc-5","idx":21,"n":21,"text":"21. When persons with disabilities are assessed as requiring a high level of personal service, States parties often consider institutions as the only solution, especially when personal services are considered to be “too costly” or the person with disabilities is considered to be “unable” to live outside an institutional setting. Persons with intellectual disabilities, especially those with complex communication requirements, among others, are often assessed as being unable to live outside institutional settings. Such reasoning is contrary to article 19, which extends the right to live independently and be included in the community to all persons with disabilities, regardless of their level of intellectual capacity, self-functioning or support requirements.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0022","docId":"crpd-c-gc-5","idx":22,"n":22,"text":"22. All persons with disabilities should be free to choose to be active and belong to cultures of their own choice, and they must have the same degree of choice and control over their lives as other members of the community. Independent living is not compatible with the promotion of a “predefined” individual lifestyle. Young persons with disabilities should not be forced to live in settings designed for elderly persons with disabilities and vice versa.","labels":["Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"]},{"id":"crpd-c-gc-5-0023","docId":"crpd-c-gc-5","idx":23,"n":23,"text":"23. Persons with disabilities of all genders are rights holders and enjoy equal protection under article 19. All appropriate measures should be taken to ensure the full development, advancement and empowerment of women. Lesbian, gay, bisexual, transgender, queer and intersex persons with disabilities must enjoy equal protection under article 19 and therefore respect for their personal relationships. Furthermore, the right to live independently and be included in the community encompasses the protection of persons with disabilities belonging to any age group, ethnic group, scheduled caste or linguistic and/or religious minority, as well as migrant, asylum seeking and refugee persons.","labels":["Refugees & asylum-seekers","Persons with disabilities","LGBTI+"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0024","docId":"crpd-c-gc-5","idx":24,"n":24,"text":"24. To choose and decide how, where and with whom to live is the central idea of the right to live independently and be included in the community. Individual choice, therefore, is not limited to the place of residence but includes all aspects of a person’s living arrangements: the daily schedule and routine as well as the way of life and lifestyle of a person, covering the private and public spheres, every day and in the long term.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","C. Article 19 (a)"]},{"id":"crpd-c-gc-5-0025","docId":"crpd-c-gc-5","idx":25,"n":25,"text":"25. Often, persons with disabilities cannot exercise choice because there is a lack of options to choose from. This is the case, for instance, where informal support by the family is the only option, where support is unavailable outside of institutions, where housing is inaccessible or support is not provided in the community, and where support is provided only within specified forms of residence such as group homes or institutions.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","C. Article 19 (a)"]},{"id":"crpd-c-gc-5-0026","docId":"crpd-c-gc-5","idx":26,"n":26,"text":"26. Further, persons with disabilities might not be allowed to exercise their individual choice owing to the lack of accessible information regarding the range of choices available and/or to legal restrictions deriving from guardianship laws and similar legal norms or decisions which do not allow persons with disabilities to exercise their legal capacity. Even if no formal laws are in place, other persons, such as families, caregivers or local authorities, sometimes exercise control and restrict an individual’s choices by acting as substitute decision makers.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","C. Article 19 (a)"]},{"id":"crpd-c-gc-5-0027","docId":"crpd-c-gc-5","idx":27,"n":27,"text":"27. Legal personality and legal agency are the bases for the realization of independent living within the community for persons with disabilities. Article 19 is, therefore, linked to the recognition and exercise of legal personality and legal capacity as enshrined in article 12 of the Convention and further explained in the Committee’s general comment No. 1 (2014) on equal recognition before the law. Further, it is linked to the absolute prohibition of detention on the basis of disability as enshrined in article 14 and elaborated in the respective guidelines.[[fn:4]]","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":4,"text":"Guidelines on the right to liberty and security of persons with disabilities (A/72/55, annex)."}],"section":["II. Normative content of article 19","C. Article 19 (a)"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"14","source":"regex"}]},{"id":"crpd-c-gc-5-0028","docId":"crpd-c-gc-5","idx":28,"n":28,"text":"28. Individualized support services must be considered a right rather than a form of medical, social or charity care. For many persons with disabilities, access to a range of individualized support services is a precondition for independent living within the community. Persons with disabilities have the right to choose services and service providers according to their individual requirements and personal preferences, and individualized support should be flexible enough to adapt to the requirements of the “users” and not the other way around. This places an obligation on States parties to ensure that there are sufficient numbers of qualified specialists able to identify practical solutions to the barriers to living independently within the community in accordance with the requirements and preferences of the individual.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","D. Article 19 (b)"]},{"id":"crpd-c-gc-5-0029","docId":"crpd-c-gc-5","idx":29,"n":29,"text":"29. Subparagraph (b) specifies various individualized services which fall within the category of support services. They are not restricted to services inside the home, but must also be able to be extended to the spheres of employment, education and political and cultural participation; empowering parenthood and the ability to reach family relatives and others; participation in political and cultural life; one’s leisure interests and activities; and travel as well as recreation.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","D. Article 19 (b)"]},{"id":"crpd-c-gc-5-0030","docId":"crpd-c-gc-5","idx":30,"n":30,"text":"30. While individualized support services may vary in name, type or kind according to the cultural, economic and geographic specifics of the State party, all support services must be designed to support living within the community, preventing isolation and segregation from others, and must in actuality be suitable for this purpose. It is important that the aim of these support services be the realization of full inclusion within the community. Therefore, any institutional form of support services which segregates and limits personal autonomy is not permitted by article 19 (b).","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","D. Article 19 (b)"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0031","docId":"crpd-c-gc-5","idx":31,"n":31,"text":"31. It is also relevant to keep in mind that all support services have to be designed and delivered in a mode which supports the overall purpose of the norm: full, individualized, self-chosen and effective inclusion and participation, and living independently.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","D. Article 19 (b)"]},{"id":"crpd-c-gc-5-0032","docId":"crpd-c-gc-5","idx":32,"n":32,"text":"32. Services and facilities mentioned in this section of the article are non-disability- specific support services and facilities for the general population in the community. They cover a wide range of services, such as housing, public libraries, hospitals, schools, transport, shops, markets, museums, the Internet, social media and similar facilities and services. These must be available, universally accessible, acceptable and adaptable for all persons with disabilities within the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"]},{"id":"crpd-c-gc-5-0033","docId":"crpd-c-gc-5","idx":33,"n":33,"text":"33. Accessibility of community facilities, goods and services, as well as the exercise of the right to inclusive, accessible employment, education and health care are essential conditions for the inclusion and participation of persons with disabilities in the community. Various deinstitutionalization programmes have shown that the closure of institutions, regardless of their size and the relocation of inhabitants in the community, in itself is not enough. Such reforms must be accompanied by comprehensive service and community development programmes, including awareness programmes. Structural reforms designed to improve overall accessibility within the community may reduce the demand for disability-specific services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"]},{"id":"crpd-c-gc-5-0034","docId":"crpd-c-gc-5","idx":34,"n":34,"text":"34. In terms of material scope, article 19 covers access to safe and adequate housing, individual services and community facilities and services. Access to housing means having the option to live in the community on an equal basis with others. Article 19 is not properly implemented if housing is only provided in specifically designed areas and arranged in a way that persons with disabilities have to live in the same building, complex or neighbourhood. Accessible housing providing accommodation to persons with disabilities, whether they live alone or as a part of a family, must be available in sufficient number, within all areas of the community, to provide the right of persons with disabilities to choose and the possibility to do so. To this end, barrier-free new residential construction and the barrier-free retrofitting of existing residential structures are required. In addition, housing must be affordable to persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0035","docId":"crpd-c-gc-5","idx":35,"n":35,"text":"35. Support services must be available within safe physical and geographical reach to all persons with disabilities living in urban or rural areas. They have to be affordable, taking into account persons living on low incomes. They also need to be acceptable, which means that they must respect standard levels of quality and be gender, age and culturally sensitive.","labels":["Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"]},{"id":"crpd-c-gc-5-0036","docId":"crpd-c-gc-5","idx":36,"n":36,"text":"36. Individualized support services which do not allow for personal choice and self-control are not providing for living independently within the community. Support services provided as combined residential and support service (delivered as a combined “package”) are often offered to persons with disabilities on the premise of cost efficiency. However, while this premise itself can be rebutted in terms of economics, aspects of cost efficiency must not override the core of the human right at stake. Persons with disabilities should not be required by rule to share personal assistance and assistants; this should only be done with their full and free consent. The possibility to choose is one of the three key elements of the right to live independently within the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"]},{"id":"crpd-c-gc-5-0037","docId":"crpd-c-gc-5","idx":37,"n":37,"text":"37. The right to equal support services corresponds with the duty to ensure the participation and involvement of persons with disabilities in processes related to facilities and services in the community, ensuring that they are responsive to specific requirements, are gender and age sensitive, and that they are available to allow for the spontaneous participation of persons with disabilities within the community. For children, the core of the right to live independently and be included in the community entails a right to grow up in a family.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"]},{"id":"crpd-c-gc-5-0038","docId":"crpd-c-gc-5","idx":38,"n":38,"text":"The Committee finds it important to identify core elements of article 19 in order to ensure that the realization of a standardized minimum support level sufficient to allow the exercise of the right to live independently and be included in the community is carried out by every State party. States parties should ensure that the core elements of article 19 are always respected, particularly in times of financial or economic crisis. These core elements are: (a) To ensure the right to legal capacity, in line with the Committee’s general comment No. 1, to decide where, with whom and how to live for all persons with disabilities, irrespective of impairment; (b) To ensure non-discrimination in accessing housing, including the elements of both income and accessibility, and adopting mandatory building regulations that permit new and renovated housing to become accessible; (c) To develop a concrete action plan for independent living for persons with disabilities within the community, including taking steps towards facilitating formal supports for independent living within the community so that informal support by, for example, families is not the only option; (d) To develop, implement, monitor and sanction non-compliance with legislation, plans and guidance on accessibility requirements for basic mainstream services to achieve societal equality, including participation by persons with disabilities within social media, and secure adequate competence in information and communications technologies to ensure that such technologies are developed, including on the basis of universal design, and protected; (e) To develop a concrete action plan and take steps towards developing and implementing basic, personalized, non-shared and rights-based disability-specific support services and other forms of services; (f) To ensure non-retrogression in achieving the content of article 19 unless any such measures have been duly justified and are in accordance with international law; (g) To collect consistent quantitative and qualitative data on people with disabilities, including those still living in institutions; (h) To use any available funding, including regional funding and funding for development cooperation, to develop inclusive and accessible independent living services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","F. Core elements"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0039","docId":"crpd-c-gc-5","idx":39,"n":39,"text":"39. The obligations of States parties must reflect the nature of human rights as either absolute and immediately applicable (civil and political rights) or progressively applicable (economic, social and cultural rights). Article 19 (a), the right to choose one’s residence and where, how and with whom to live, is immediately applicable as it is a civil and political right. Article 19 (b), the right to access individualized, assessed support services, is an economic, social and cultural right. Article 19 (c), the right to access service facilities, is an economic, social and cultural right, as many mainstream services, such as accessible information and communications technologies, websites, social media, cinemas, public parks, theatres and sports facilities, serve both social and cultural purposes. Progressive realization entails the immediate obligation to design and adopt concrete strategies, plans of action and resources to develop support services as well as making existing, as well as new, general services inclusive for persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0040","docId":"crpd-c-gc-5","idx":40,"n":40,"text":"40. The obligation to respect does not only have a negative aspect; its positive aspect requires States parties to take all necessary measures to ensure that no rights enshrined in article 19 are violated by the State or by private entities.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0041","docId":"crpd-c-gc-5","idx":41,"n":41,"text":"41. In order to achieve the progressive realization of economic, social and cultural rights, States parties must take steps to the maximum of their available resources.[[fn:5]] These steps must be taken immediately or within a reasonably short period of time. Such steps should be deliberate, concrete, targeted and use all appropriate means.[[fn:6]] The systematic realization of the right to independent living in the community requires structural changes. In particular, this applies to deinstitutionalization in all its forms.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":5,"text":"See article 2 (1) of the International Covenant on Economic, Social and Cultural Rights and article 4 (2) of the Convention on the Rights of Persons with Disabilities."},{"n":6,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 2."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-5-0042","docId":"crpd-c-gc-5","idx":42,"n":42,"text":"42. States parties have the immediate obligation to enter into strategic planning, with adequate time frames and resourcing, in close and respectful consultation with representative organizations of persons with disabilities, to replace any institutionalized settings with independent living support services. The margin of appreciation of States parties is related to the programmatic implementation, but not to the question of replacement. States parties should develop transitional plans in direct consultation with persons with disabilities, through their representative organizations, in order to ensure full inclusion of persons with disabilities in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-5-0043","docId":"crpd-c-gc-5","idx":43,"n":43,"text":"43. When a State party seeks to introduce retrogressive measures with respect to article 19, for example, in response to an economic or financial crisis, the State is obliged to demonstrate that such measures are temporary, necessary and non-discriminatory and that they respect its core obligations.[[fn:7]]","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":7,"text":"Letter dated 16 May 2012 addressed by the Chairperson of the Committee on Economic, Social and Cultural Rights to States parties to the International Covenant on Economic, Social and Cultural Rights, available from http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx? symbolno=INT%2fCESCR%2fSUS%2f6395&Lang=en."}],"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0044","docId":"crpd-c-gc-5","idx":44,"n":44,"text":"44. The duty of progressive realization also entails a presumption against retrogressive measures in the enjoyment of economic, social and cultural rights. Such measures deprive people with disabilities of the full enjoyment of the right to live independently and be included in the community. As a matter of consequence, retrogressive measures constitute a violation of article 19.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0045","docId":"crpd-c-gc-5","idx":45,"n":45,"text":"45. States parties are prohibited from taking retrogressive measures with respect to the minimum core obligations of the right to live independently within the community as listed in the present general comment.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-5-0046","docId":"crpd-c-gc-5","idx":46,"n":46,"text":"46. States parties are under an immediate obligation to eliminate discrimination against individuals or groups of persons with disabilities and to guarantee their equal right to living independently and participation in the community. This requires States parties to repeal or reform policies, laws and practices that prevent persons with disabilities from, for example, choosing their place of residence, securing affordable and accessible housing, renting accommodation or accessing such general mainstream facilities and services as their independence would require. The duty to provide reasonable accommodation (art. 5 (3)) is also not subject to progressive realization.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"5","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-5-0047","docId":"crpd-c-gc-5","idx":47,"n":47,"text":"47. The obligation to respect requires States parties to refrain from directly or indirectly interfering with or in any way limiting the individual exercise of the right to live independently and be included in the community. States parties should not limit or deny anyone’s access to living independently in the community, including through laws which directly or indirectly restrict the options of persons with disabilities to choose their place of residence or where, how and with whom to live, or their autonomy. States parties should reform laws that impede the exercise of the rights enshrined in article 19.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","A. Obligation to respect"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0048","docId":"crpd-c-gc-5","idx":48,"n":48,"text":"48. The obligation also requires States parties to repeal and refrain from enacting laws, policies and structures that maintain and create barriers in access to support services as well as to general facilities and services. It also entails the obligation to release all individuals who are confined against their will in mental health services or other disability-specific forms of deprivation of liberty. It further includes the prohibition of all forms of guardianship and the obligation to replace substituted decision-making regimes with supported decision-making alternatives.","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","A. Obligation to respect"]},{"id":"crpd-c-gc-5-0049","docId":"crpd-c-gc-5","idx":49,"n":49,"text":"49. To respect the rights of persons with disabilities under article 19 means that States parties need to phase out institutionalization. No new institutions may be built by States parties, nor may old institutions be renovated beyond the most urgent measures necessary to safeguard residents’ physical safety. Institutions should not be extended, new residents should not enter when others leave and “satellite” living arrangements that branch out from institutions, i.e., those that have the appearance of individual living (apartments or single homes) but revolve around institutions, should not be established.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","A. Obligation to respect"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0050","docId":"crpd-c-gc-5","idx":50,"n":50,"text":"50. The obligation to protect requires States parties to take measures to prevent family members and third parties from directly or indirectly interfering with the enjoyment of the right to live independently within the community. The duty to protect requires States parties to put in place and implement laws and policies prohibiting conduct by family members and third parties, service providers, landowners or providers of general services which undermines the full enjoyment of the right to be included and live independently within the community.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","B. Obligation to protect"]},{"id":"crpd-c-gc-5-0051","docId":"crpd-c-gc-5","idx":51,"n":51,"text":"51. States parties should ensure that public or private funds are not spent on maintaining, renovating, establishing building or creating any form of institution or institutionalization. Furthermore, States parties must ensure that private institutions are not established under the guise of “community living”.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","B. Obligation to protect"]},{"id":"crpd-c-gc-5-0052","docId":"crpd-c-gc-5","idx":52,"n":52,"text":"52. Support should always be based on individual requirements, not on the interests of the service provider. States parties should establish mechanisms for monitoring service providers, adopt measures which protect persons with disabilities from being hidden in the family or isolated in institutions and children from being abandoned or institutionalized on the grounds of disability, and establish appropriate mechanisms to detect situations of violence against persons with disabilities by third parties. States parties should also prohibit directors and/or managers of residential institutions from becoming guardians of residents.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","B. Obligation to protect"]},{"id":"crpd-c-gc-5-0053","docId":"crpd-c-gc-5","idx":53,"n":53,"text":"53. The duty to protect also includes the prohibition of discriminatory practices such as the exclusion of individuals or groups from the provision of certain services. States parties should prohibit and prevent third parties from imposing practical or procedural barriers to living independently and being included in the community, for example by ensuring that services provided are in line with living independently in the community and that persons with disabilities are not denied the possibility to rent or are not disadvantaged in the housing market. General community services open to the public such as libraries, swimming pools, public parks/spaces, shops, post offices and cinemas must be accessible and responsive to the requirements of persons with disabilities, as enshrined in the Committee’s general comment No. 2 (2014) on accessibility.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","B. Obligation to protect"]},{"id":"crpd-c-gc-5-0054","docId":"crpd-c-gc-5","idx":54,"n":54,"text":"54. The obligation to fulfil requires States to promote, facilitate and provide appropriate legislative, administrative, budgetary, judicial, programmatic, promotional and other measures to ensure the full realization of the right to live independently and be included in the community as enshrined in the Convention. The obligation to fulfil also requires States parties to take measures to eradicate practical barriers to the full realization of the right to live independently and be included in the community, such as inaccessible housing, limited access to disability support services, inaccessible facilities, goods and services in the community and prejudices against persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0055","docId":"crpd-c-gc-5","idx":55,"n":55,"text":"55. States parties should empower family members to support the family members with disabilities to realize their right to live independently and be included in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0056","docId":"crpd-c-gc-5","idx":56,"n":56,"text":"56. While implementing legislation, policies and programmes, States parties must closely consult and actively involve a diverse range of persons with disabilities through their representative organizations in all aspects concerning living independently in the community, in particular, when developing support services and investing resources in support services within the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0057","docId":"crpd-c-gc-5","idx":57,"n":57,"text":"57. States parties must adopt a strategy and a concrete plan of action for deinstitutionalization. It should include the duty to implement structural reforms, to improve accessibility for persons with disabilities within the community and to raise awareness among all persons in society about inclusion of persons with disabilities within the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0058","docId":"crpd-c-gc-5","idx":58,"n":58,"text":"58. Deinstitutionalization also requires a systemic transformation, which includes the closure of institutions and the elimination of institutionalizing regulations as part of a comprehensive strategy, along with the establishment of a range of individualized support services, including individualized plans for transition with budgets and time frames as well as inclusive support services. Therefore, a coordinated, cross-government approach which ensures reforms, budgets and appropriate changes of attitude at all levels and sectors of government, including local authorities, is required.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0059","docId":"crpd-c-gc-5","idx":59,"n":59,"text":"59. Programmes and entitlements to support living independently in the community must cover disability-related costs. Furthermore, ensuring the availability of a sufficient number of accessible and affordable housing units is crucial for deinstitutionalization, including housing for families. It is also important that access to housing not be made conditional upon requirements that reduce the autonomy and independence of persons with disabilities. Buildings and spaces open to the public and all forms of transport must be designed in a way that accommodates the requirements of all persons with disabilities. States parties must take deliberate and immediate steps to reallocate funding towards realizing the right of persons with disabilities to living independently in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0060","docId":"crpd-c-gc-5","idx":60,"n":60,"text":"60. Disability support services must be available, accessible, affordable, acceptable and adaptable to all persons with disabilities and be sensitive to different living conditions, such as individual or family income, and individual circumstances, such as sex, age, national or ethnic origin and linguistic, religious, sexual and/or gender identity. The human rights model of disability does not allow the exclusion of persons with disabilities for any reason, including the kind and amount of support services required. Support services, including personal assistance, should not be shared with others unless it is based on a decision based on free and informed consent.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0061","docId":"crpd-c-gc-5","idx":61,"n":61,"text":"61. States parties shall incorporate the following elements into the eligibility criteria for access to assistance: the assessment should be based on a human rights approach to disability; focus on the requirements of the person that exist because of barriers within society rather than the impairment; take into account, and follow, a person’s will and preferences; and ensure the full involvement of persons with disabilities in the decision-making process.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0062","docId":"crpd-c-gc-5","idx":62,"n":62,"text":"62. Cash transfers such as disability allowances represent one of the forms in which States parties provide support for persons with disabilities in line with articles 19 and 28 of the Convention. Such cash transfers often acknowledge disability-related expenses and facilitate the full inclusion of persons with disabilities in the community. Cash transfers also tackle situations of poverty and extreme poverty that persons with disabilities may face. States parties must not add to the hardship faced by persons with disabilities by reducing their income in times of economic or financial crisis or through austerity measures that are inconsistent with human rights standards set out in paragraph 38 above.","labels":["Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-5-0063","docId":"crpd-c-gc-5","idx":63,"n":63,"text":"63. Support for persons with disabilities should be assessed using a personalized approach and tailored to the specific activities and actual barriers to inclusion in the community that persons with disabilities face. The assessment should acknowledge that persons with disabilities require access to participate in activities that varies over time. States parties should ensure that personalization of support, including cash transfers/personal budgets, take into account and address the challenges that persons with disabilities face when living in rural and/or urban areas.","labels":["Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0064","docId":"crpd-c-gc-5","idx":64,"n":64,"text":"64. States parties should provide and disseminate timely, up-to-date and accurate information essential for informed decision-making on choices of independent living and support services in the community. This should be in accessible formats, including Braille, sign language, tactile and Easy Read formats and alternative and augmentative modes of communication.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0065","docId":"crpd-c-gc-5","idx":65,"n":65,"text":"65. States should ensure that personnel working or about to work in disability-related services, including service personnel, decision makers and civil servants monitoring services for persons with disabilities, are adequately trained on independent living within the community, in theory and practice. States should also establish criteria, in line with article 19, concerning entities applying for permission to deliver social support for persons with disabilities to live in the community and assess how they perform their duties. States parties should also ensure that international cooperation in accordance with article 32 of the Convention and the investments and projects undertaken thereby do not contribute to the perpetuation of barriers to independent living within the community but rather eradicate barriers and support the implementation of the right to live independently and be included in the community. After situations of disaster, it is important not to rebuild barriers, as an element of implementing article 11 of the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"32","source":"regex"},{"treaty":"CRPD","article":"11","source":"regex"}]},{"id":"crpd-c-gc-5-0066","docId":"crpd-c-gc-5","idx":66,"n":66,"text":"66. States parties must ensure access to justice and provide legal aid and appropriate legal advice, remedies and support, including through reasonable and procedural accommodation, for persons with disabilities who seek to enforce their right to living independently in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0067","docId":"crpd-c-gc-5","idx":67,"n":67,"text":"67. States parties should provide adequate support services to family carers so they can in turn support their child or relative to live independently in the community. This support should include respite care services, childcare services and other supportive parenting services. Financial support is also crucial for family carers, who often live in situations of extreme poverty without the possibility of accessing the labour market. States parties should also provide social support to families and foster the development of counselling services, circles of support and other adequate support options.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0068","docId":"crpd-c-gc-5","idx":68,"n":68,"text":"68. States parties must regularly conduct surveys and other forms of analysis providing data on the physical, communication, environmental, infrastructural and attitudinal barriers experienced by persons with disabilities and the requirements for implementing living independently in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0069","docId":"crpd-c-gc-5","idx":69,"n":69,"text":"69. The right to live independently and be included in the community is interrelated with the enjoyment of other human rights provided for in the Convention. At the same time, it is more than the sum of those rights as it affirms that all rights should be exercised and enjoyed in the community where a person chooses to live and in which alone the free and full development of one’s personality can be fulfilled.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-5-0070","docId":"crpd-c-gc-5","idx":70,"n":70,"text":"70. Consultations with and the active involvement of persons with disabilities, through their representative organizations (art. 4 (3)), is critical for the adoption of all plans and strategies as well as for follow-up and monitoring when implementing the right to independent living in the community. Decision makers at all levels must actively involve and consult the full range of persons with disabilities including organizations of women with disabilities, older persons with disabilities, children with disabilities, persons with psychosocial disabilities and persons with intellectual disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-5-0071","docId":"crpd-c-gc-5","idx":71,"n":71,"text":"71. Non-discrimination (art. 5), in terms of living independently and being included in the community, is important in regard to accessing and receiving support services. States parties should define eligibility criteria and procedures for accessing support services in a non-discriminatory way, objectively and focused on the requirements of the person rather than on the impairment, following a human rights-compliant approach. The establishment of specific services for persons with disabilities in the particular circumstances of the persons with disabilities and in accordance with their requirements, such as services for children, students, employees and older persons with disabilities, should not be considered as a discriminatory violation of the Convention, but rather as a just and legally available affirmative action. Persons with disabilities who face discrimination in relation to article 19 must have effective and affordable legal remedies at their disposal.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0072","docId":"crpd-c-gc-5","idx":72,"n":72,"text":"72. Often, women and girls with disabilities (art. 6) are more excluded and isolated, and face more restrictions regarding their place of residence as well as their living arrangements owing to paternalistic stereotyping and patriarchal social patterns that discriminate against women in society. Women and girls with disabilities also experience gender-based, multiple and intersectional discrimination, greater risk of institutionalization and violence, including sexual violence, abuse and harassment.[[fn:8]] States parties must provide affordable, or free, legal remedy and support services for victims of violence and abuse. Women with disabilities who face domestic violence are frequently more economically, physically or emotionally dependent on their abusers, who often act as caregivers, a situation that prevents women with disabilities from leaving abusive relationships and leads to further social isolation. Therefore, when implementing the right to live independently and be included in the community, particular attention should be paid to gender equality, the elimination of gender-based discrimination and patriarchal social patterns.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":8,"text":"See Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016) on women and girls with disabilities."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-5-0073","docId":"crpd-c-gc-5","idx":73,"n":73,"text":"73. Cultural norms and values may adversely restrict the choices and control of women and girls with disabilities over their living arrangements, limit their autonomy, oblige them to live in particular living arrangements, require them to suppress their own requirements and instead serve those of others and take certain roles within the family.[[fn:9]] States parties should take measures to tackle discrimination and barriers against women in accessing social services and support, as well as ensure that various policies, programmes and strategies concerning access to social services and support take due consideration of the equality between women and men.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":9,"text":"Ibid., paras. 8, 18, 29 and 55."}],"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-5-0074","docId":"crpd-c-gc-5","idx":74,"n":74,"text":"74. States parties should also ensure that measures aimed at development, empowerment and advancement of women and girls with disabilities (art. 6 (2)) address gender-based inequalities in accessing support and social protection. States parties should adopt adequate measures to encourage work-life balance (resources, time, services) that support women with disabilities in (re-)entering the open labour market and ensure equal rights and responsibilities between women and men for the exercise of parental responsibilities.[[fn:10]] It is also the responsibility of States parties to ensure that shelters for victims of gender-based violence are fully accessible to women and girls with disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":10,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation No. 21 (1994) on equality in marriage and family relations."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-5-0075","docId":"crpd-c-gc-5","idx":75,"n":75,"text":"75. The existence of adequate and age-sensitive support services for girls and boys with disabilities is of vital importance for the equal enjoyment of their human rights (art. 7). Respecting the evolving capacities of children with disabilities and supporting them in having a say in choices that have an impact on them is critical. It is also important to provide support, information and guidance to families (art. 23) to prevent institutionalization of children with disabilities and to have inclusive policies on adoption to ensure equal opportunities to children with disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"7","source":"regex"},{"treaty":"CRPD","article":"23","source":"regex"}]},{"id":"crpd-c-gc-5-0076","docId":"crpd-c-gc-5","idx":76,"n":76,"text":"76. When it comes to social interactions and relationships with peers, teenagers may prefer personal assistance or professional sign language interpreters to informal support provided by relatives. States parties should establish innovative forms of support and accessible services for children and adolescents with disabilities through personal contact or through their organizations. Children with disabilities may require support to practise sports or activities in the community with other children their age. Adolescents with disabilities should be enabled to spend time and take part in leisure activities with their peers. States parties must provide assistive devices and technologies that can facilitate the inclusion of adolescents with disabilities in their peer networks. Further, services that facilitate the transition of young people to adulthood, including support with moving out of the family home, starting employment and continuing into higher education, are crucial in supporting independent living.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-5-0077","docId":"crpd-c-gc-5","idx":77,"n":77,"text":"77. Awareness-raising (art. 8) is essential to create open, enabling and inclusive communities, as article 19 is ultimately about transforming communities. Stereotypes, ableism and misconceptions that prevent persons with disabilities from living independently must be eradicated and a positive image of them and their contributions to society must be promoted. Awareness-raising should be provided for authorities, civil servants, professionals, the media, the general public and persons with disabilities and their families. All awareness-raising activities should be carried out in close cooperation with persons with disabilities through their representative organizations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"8","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0078","docId":"crpd-c-gc-5","idx":78,"n":78,"text":"78. The rights provided for in article 19 are tied to the obligations of the States parties relating to accessibility (art. 9) because the general accessibility of the whole built environment, transport, information, and communication and related facilities and services open to the public in a community is a precondition for living independently in the community. Article 9 requires the identification and elimination of barriers in buildings open to the public, such as the revision of building and urban planning codes, the inclusion of standards of universal design in a variety of sectors and the establishment of accessibility standards for housing.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-5-0079","docId":"crpd-c-gc-5","idx":79,"n":79,"text":"79. States parties must take into account in advance the obligation to provide support services to persons with disabilities in all disaster risk management activities (art. 11) and make sure that they are not left behind or forgotten. It is also important that barriers are not rebuilt after situations of armed conflict, humanitarian emergencies or the occurrence of a natural disaster. Reconstruction processes must ensure full accessibility for the independent life in the community of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"11","source":"regex"}]},{"id":"crpd-c-gc-5-0080","docId":"crpd-c-gc-5","idx":80,"n":80,"text":"80. Equal recognition before the law (art. 12) ensures that all persons with disabilities have the right to exercise their full legal capacity and therefore have the equal right to exercise choice and control over their own lives by choosing where, with whom and how they want to live and to receive support in accordance with their will and preferences. To fully realize the transition to supported decision-making and implement the rights enshrined in article 12, it is imperative that persons with disabilities have the opportunity to develop and express their wishes and preferences in order to exercise their legal capacity on an equal basis with others. To achieve this, they have to be a part of the community. Furthermore, support in the exercise of legal capacity should be provided using a community-based approach which respects the wishes and preferences of individuals with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-5-0081","docId":"crpd-c-gc-5","idx":81,"n":81,"text":"81. Access to justice as enshrined in article 13 is fundamental to ensure full enjoyment of the right to live independently in the community. States parties must ensure that all persons with disabilities have legal capacity and standing in courts. States parties must furthermore ensure that all decisions concerning living independently in the community can be appealed. Support to enable living independently in the community shall be enforceable as a right and an entitlement. To ensure equal and effective access to justice, substantial rights to legal aid, support and procedural and age-appropriate accommodations are essential.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"13","source":"regex"}]},{"id":"crpd-c-gc-5-0082","docId":"crpd-c-gc-5","idx":82,"n":82,"text":"82. Involuntary institutionalization on the grounds of impairment or associated circumstances such as presumed “dangerousness” or other factors as elaborated by the Committee in its guidelines on article 14 is often caused or increased by a lack of disability- specific support services. Implementing article 19 thus will ultimately prevent violation of article 14.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"14","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"14","source":"regex"}]},{"id":"crpd-c-gc-5-0083","docId":"crpd-c-gc-5","idx":83,"n":83,"text":"83. It is of paramount significance to ensure that support services leave no space for potential abuse or exploitation of persons with disabilities or any violence against them (art. 16). Disability-, gender- and age-sensitive monitoring, legal remedies and relief must be available for all persons with disabilities who use services prescribed in article 19 and who may face abuse, violence and exploitation. Since institutions tend to isolate those who reside within them from the rest of the community, institutionalized women and girls with disabilities are further susceptible to gender-based violence, including forced sterilization, sexual and physical abuse, emotional abuse and further isolation. They also face increased barriers to reporting such violence. It is imperative that States include these issues in their monitoring of institutions and ensure access to redress for women with disabilities who are exposed to gender-based violence in institutions.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"16","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0084","docId":"crpd-c-gc-5","idx":84,"n":84,"text":"84. Without support for personal mobility (art. 20), barriers to living independently in the community continue to exist for many persons with disabilities. The provision of affordable and available quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries, as enshrined in article 20, is a precondition for the full inclusion and participation of persons with disabilities in their respective communities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"20","source":"regex"},{"treaty":"CRPD","article":"20","source":"regex"}]},{"id":"crpd-c-gc-5-0085","docId":"crpd-c-gc-5","idx":85,"n":85,"text":"85. Persons with disabilities have the right to access all public information in accessible formats and to seek, receive and express information and ideas on an equal basis with others (art. 21). Communication can be provided in forms and formats of their choice, including Braille, sign language, tactile and Easy Read formats and alternative modes, means and formats of communication. It is important that communication and information flow in both directions and that services and facilities are accessible for individuals who use different ways of communicating. It is of particular importance that information about support services and social protection schemes, including disability-related mechanisms, is accessible and available from a diversity of sources in order to enable persons with disabilities to make fully informed decisions and choices about where, with whom and how to live and what kind of service is best suited to them. It is also of critical importance that mechanisms to provide feedback and complaints are communication accessible.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"21","source":"regex"}]},{"id":"crpd-c-gc-5-0086","docId":"crpd-c-gc-5","idx":86,"n":86,"text":"86. States parties should ensure that in the provision of support services under article 19, the privacy, family, home, correspondence and honour of persons with disabilities are protected from any unlawful interference (art. 22). In any case of unlawful interference, disability-, gender- and age-sensitive monitoring, legal remedies and relief must be available for all persons with disabilities using support services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"22","source":"regex"}]},{"id":"crpd-c-gc-5-0087","docId":"crpd-c-gc-5","idx":87,"n":87,"text":"87. The right to living independently in the community is intimately linked with the right to family for children and parents with disabilities (art. 23). The absence of community-based support and services may create financial pressures and constraints for the family of persons with disabilities; the rights enshrined in article 23 are essential to prevent children from being taken away from their families and being institutionalized, as well as to support families in community living. These rights are equally important to ensure that children are not taken away from their parents because of the latter’s disability. States parties should provide information, guidance and support to families in upholding their children’ rights and promote inclusion and participation in the community.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"23","source":"regex"},{"treaty":"CRPD","article":"23","source":"regex"}]},{"id":"crpd-c-gc-5-0088","docId":"crpd-c-gc-5","idx":88,"n":88,"text":"88. Living independently and being included in the community is inherently linked to inclusive education (art. 24) and requires recognition of the right of persons with disabilities to live independently and enjoy inclusion and participation in the community.[[fn:11]] Inclusion of persons with disabilities in the mainstream education system generates further inclusion of persons with disabilities in the community. Deinstitutionalization also entails the introduction of inclusive education. States parties should note the role that exercising the right to inclusive education will play in building the strengths, skills and competencies necessary for all persons with disabilities to enjoy, benefit from and contribute to their communities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":11,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 4 (2016) on the right to inclusive education."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-5-0089","docId":"crpd-c-gc-5","idx":89,"n":89,"text":"89. General health facilities and services (art. 25) must be available, accessible, adaptable and acceptable for persons with disabilities in their communities, including the support required by some persons with disabilities (for example those with complex communication requirements, psychosocial disabilities or intellectual disabilities and/or deaf persons) during hospitalizations, surgeries and medical consultations. The provision of nurses, physiotherapists, psychiatrists or psychologists, in hospitals as well as at home, is a part of health care and should not be seen as the fulfilment of a States party’s obligation under article 19, but rather under article 25.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"25","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"25","source":"regex"}]},{"id":"crpd-c-gc-5-0090","docId":"crpd-c-gc-5","idx":90,"n":90,"text":"90. Independent living in the community, habilitation and rehabilitation (art. 26) are interdependent. For some persons with disabilities, participation in rehabilitation services is not possible if they do not receive sufficient individualized support. At the same time, the purpose of rehabilitation is to enable persons with disabilities to fully and effectively participate in the community. The habilitation and rehabilitation of a person with disability must always take place with his/her free and informed consent. Habilitation and rehabilitation are predominantly relevant in relation to education, employment, health and social matters.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"26","source":"regex"}]},{"id":"crpd-c-gc-5-0091","docId":"crpd-c-gc-5","idx":91,"n":91,"text":"91. The existence of individualized support services, including personal assistance, often is a precondition for effective enjoyment of the right to work and employment (art. 27). Furthermore, persons with disabilities should also become employers, managers or trainers in disability-specific support services. Implementing article 19 will thus help to phase out sheltered employment.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0092","docId":"crpd-c-gc-5","idx":92,"n":92,"text":"92. To ensure that persons with disabilities enjoy an adequate standard of living (art. 28), States parties should provide, inter alia, access to support services that enable them to live independently. Therefore, there is an obligation on the part of States parties to ensure access to appropriate and affordable services, devices and other assistance for impairment-related requirements, especially for those persons with disabilities who live in poverty. Furthermore, access to public and subsidized housing programmes in the community is required. It is considered contrary to the Convention for persons with disabilities to pay for disability-related expenses by themselves.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-5-0093","docId":"crpd-c-gc-5","idx":93,"n":93,"text":"93. In order to influence and take part in decisions impacting the development of their community, all persons with disabilities should enjoy and exercise their rights to participation in political and public life (art. 29) personally or through their organizations. Appropriate support can provide valuable assistance to persons with disabilities in exercising their right to vote, to take part in political life and to conduct public affairs. It is important to ensure that assistants or other support staff do not restrict or abuse the choices that persons with disabilities make in exercising their voting rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-5-0094","docId":"crpd-c-gc-5","idx":94,"n":94,"text":"94. Cultural life, recreation, leisure and sport (art. 30) are important dimensions of life in the community in which inclusion can be pursued and achieved, for example by ensuring that events, activities and facilities are accessible to persons with disabilities and are inclusive. Personal assistants, guides, readers and professional sign language and tactile interpreters, among others, contribute to an inclusive life in the community in accordance with the will and preferences of persons with disabilities. It is important that the use of support of any kind is considered part of disability-related expenses as such support services help foster inclusion in the community and independent living. Assistants necessary for participating in cultural and leisure activities should not be required to pay entrance fees. There should also be no restrictions on when, where and for what kinds of activities assistance can be used, nationally and internationally.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-5-0095","docId":"crpd-c-gc-5","idx":95,"n":95,"text":"95. Data and information must be disaggregated systematically (art. 31) by disability across all sectors, including with respect to housing, living arrangements and social protection schemes as well as access to independent living and support and services. The information should allow for regular analyses of how deinstitutionalization and transition to support services in the community have progressed. It is important that indicators reflect the particular circumstances in every State party.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"31","source":"regex"}]},{"id":"crpd-c-gc-5-0096","docId":"crpd-c-gc-5","idx":96,"n":96,"text":"96. International cooperation (art. 32) must be conducted in a way which ensures that foreign aid is invested in support services in local communities that respect the will and preferences of persons with disabilities and foster their right to choose where, with whom and under what living arrangements they will live, in line with article 19. Investing money obtained within the framework of international cooperation in development of new institutions or places of confinement or institutional models of care is not acceptable, as it leads to the segregation and isolation of persons with disabilities.","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"32","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0097","docId":"crpd-c-gc-5","idx":97,"n":97,"text":"The Committee notes that States parties may face challenges at the national level when implementing the right to living independently and being included in the community. However, in line with the normative content and obligations outlined above, States parties should take the following steps to ensure the full implementation of article 19 of the Convention: (a) Repeal all laws that prevent any person with disabilities, regardless of the type of impairment, to choose where and with whom and how to live, including the right not to be confined on the basis of any kind of disability; (b) Enact and enforce laws, standards and other measures with the purpose of making local communities and the environment, as well as information and communication, accessible to all persons with disabilities; (c) Ensure that social protection programmes meet the requirements of the diverse range of persons with disabilities on an equal basis with others; (d) Insert the principle of universal design for both physical and virtual space in policies, law, standards and other measures, including monitoring the realization/implementation of obligations; review building codes to ensure that they comply with the principles of universal design and legislative guidelines on construction, as outlined in the Committee’s general comment No. 2; (e) Provide all persons with disabilities with substantive and procedural rights to live independently within the community; (f) Inform persons with disabilities about their right to live independently and be included in the community in ways they can understand and provide empowerment trainings with the aim of supporting persons with disabilities to learn how to enforce their rights; (g) Adopt clear and targeted strategies for deinstitutionalization, with specific time frames and adequate budgets, in order to eliminate all forms of isolation, segregation and institutionalization of persons with disabilities; special attention should be paid to persons with psychosocial and/or intellectual disabilities and children with disabilities currently in institutions; (h) Create awareness programmes that tackle negative attitudes and stereotypes about persons with disabilities and secure community transformation in an effort to develop individualized and accessible mainstream services; (i) Ensure the participation of persons with disabilities, personally and through their representative organizations, in transforming support services and communities and in the design and implementation of deinstitutionalization strategies; (j) Design comprehensive policies and legislative guidelines and allocate financial resources for the construction of affordable and accessible housing units, the built environment, public spaces and transport, along with an adequate time frame for their implementation and sanctions which are effective, deterrent and proportionate for violations by public or private authorities; (k) Allocate resources to the development of appropriate and sufficient person-directed/“user”-led and self-managed support services for all persons with disabilities, such as personal assistance, guides, readers and professionally trained sign language or other interpreters; (l) Design tendering processes for providing support services for persons with disabilities living independently in the community that take into account the normative content of article 19; (m) Establish mechanisms to monitor existing institutions and residential services, deinstitutionalization strategies and the implementation of living independently within the community, bearing in mind the role of the independent monitoring frameworks; (n) Carry out the monitoring and implementation envisaged under article 19 in full consultation with and with the participation of persons with disabilities, through their representative organizations.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-6-0001","docId":"crpd-c-gc-6","idx":1,"n":1,"text":"The aim of the present general comment is to clarify the obligations of States parties regarding non-discrimination and equality as enshrined in article 5 of the Convention on the Rights of Persons with Disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0002","docId":"crpd-c-gc-6","idx":2,"n":2,"text":"The Committee is concerned that the laws and policies of States parties still approach disability through charity and/or medical models, despite the incompatibility of those models with the Convention. The persistent use of such paradigms fails to acknowledge persons with disabilities as full subjects of rights and as rights holders. In addition, the Committee notes that the efforts by States parties to overcome attitudinal barriers to disability have been insufficient. Examples include enduring and humiliating stereotypes, and stigma of and prejudices against persons with disabilities as being a burden on society. In response, it is critical that persons with disabilities, through their representative organizations, play a central role in the development of legal and policy reforms.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-6-0003","docId":"crpd-c-gc-6","idx":3,"n":3,"text":"3. The broadening of anti-discrimination laws and human rights frameworks has led to extended protection of the rights of persons with disabilities in many States parties. Nevertheless, laws and regulatory frameworks often remain imperfect and incomplete or ineffective, or reflect an inadequate understanding of the human rights model of disability. Many national laws and policies perpetuate the exclusion and isolation of and discrimination and violence against persons with disabilities. They often lack a recognition of multiple and intersectional discrimination or discrimination by association; fail to acknowledge that the denial of reasonable accommodation constitutes discrimination; and lack effective mechanisms of legal redress and reparation. Such laws and policies are commonly not regarded as disability-based discrimination because they are justified as being for the protection or care of the persons with a disability, or in their best interest.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-6-0004","docId":"crpd-c-gc-6","idx":4,"n":4,"text":"4. Equality and non-discrimination are among the most fundamental principles and rights of international human rights law. Because they are interconnected with human dignity, they are the cornerstones of all human rights. In its articles 1 and 2, the Universal Declaration of Human Rights proclaims that everyone is equal in dignity and rights, and condemns discrimination on a non-exhaustive number of grounds.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Equality for and non-discrimination against persons with disabilities in international law"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly attributes 'articles 1 and 2' to 'the Universal Declaration of Human Rights' (UDHR), which is non-treaty."},{"article":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Same sentence: UDHR articles 1 and 2; UDHR is non-treaty."}]},{"id":"crpd-c-gc-6-0005","docId":"crpd-c-gc-6","idx":5,"n":5,"text":"5. Equality and non-discrimination are at the core of all human rights treaties. The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights prohibit discrimination on an open list of grounds, from which article 5 of the Convention originated. All of the thematic United Nations human rights conventions[[fn:1]] aim to establish equality and eliminate discrimination, and contain provisions on equality and non-discrimination. The Convention on the Rights of Persons with Disabilities has taken into account the experiences offered by the other conventions, and its equality and non-discrimination principles represent the evolution of the United Nations tradition and approach.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":1,"text":"The International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Rights of the Child; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; and the International Convention for the Protection of All Persons from Enforced Disappearance."}],"section":["II. Equality for and non-discrimination against persons with disabilities in international law"],"citedArticles":[{"article":"5","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text says 'from which article 5 of the Convention originated' — 'the Convention' in this CRPD document is CRPD. regex_default_treaty=CRPD confirms."}]},{"id":"crpd-c-gc-6-0006","docId":"crpd-c-gc-6","idx":6,"n":6,"text":"6. The term “dignity” appears in the Convention more often than in any other United Nations human rights convention. It is included in the preamble, in which States parties recall the Charter of the United Nations and the principles proclaimed therein, which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Equality for and non-discrimination against persons with disabilities in international law"]},{"id":"crpd-c-gc-6-0007","docId":"crpd-c-gc-6","idx":7,"n":7,"text":"7. Equality and non-discrimination are at the heart of the Convention and evoked consistently throughout its substantive articles with the repeated use of the wording “on an equal basis with others”, which links all substantive rights of the Convention to the non-discrimination principle. Dignity, integrity and equality of the person have been denied to those with actual or perceived impairments. Discrimination has occurred and continues to occur, including in brutal forms such as non-consensual and/or forced systematic sterilizations and medical or hormone-based interventions (e.g. lobotomy or the Ashley treatment), forced drugging and forced electroshocks, confinement, systematic murder labelled “euthanasia”, forced and coerced abortion, denied access to health care, and mutilation and trafficking in body parts, particularly of persons with albinism.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Equality for and non-discrimination against persons with disabilities in international law"]},{"id":"crpd-c-gc-6-0008","docId":"crpd-c-gc-6","idx":8,"n":8,"text":"8. Individual or medical models of disability prevent the application of the equality principle to persons with disabilities. Under the medical model of disability, persons with disabilities are not recognized as rights holders but are instead “reduced” to their impairments. Under these models, discriminatory or differential treatment against and the exclusion of persons with disabilities is seen as the norm and is legitimized by a medically driven incapacity approach to disability. Individual or medical models were used to determine the earliest international laws and policies relating to disability, even after the first attempts to apply the concept of equality to the context of disability. The Declaration on the Rights of Mentally Retarded Persons (1971) and the Declaration on the Rights of Disabled Persons (1975) were the first human rights instruments that contained equality and non-discrimination provisions for persons with disabilities. While these early soft-law human rights instruments paved the way for an equality approach to disability, they were still based on the medical model of disability, as impairment was seen as a legitimate ground for restricting or denying rights. They also include language that is now considered inappropriate or obsolete. A further step was taken in 1993 with the adoption of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, which proclaimed “equality of opportunities” a fundamental concept of disability policy and law.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. The human rights model of disability and inclusive equality"]},{"id":"crpd-c-gc-6-0009","docId":"crpd-c-gc-6","idx":9,"n":9,"text":"9. The human rights model of disability recognizes that disability is a social construct and impairments must not be taken as a legitimate ground for the denial or restriction of human rights. It acknowledges that disability is one of several layers of identity. Hence, disability laws and policies must take the diversity of persons with disabilities into account. It also recognizes that human rights are interdependent, interrelated and indivisible.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. The human rights model of disability and inclusive equality"]},{"id":"crpd-c-gc-6-0010","docId":"crpd-c-gc-6","idx":10,"n":10,"text":"10. Equalization of opportunities, as a general principle of the Convention under article 3, marks a significant development from a formal model of equality to a substantive model of equality. Formal equality seeks to combat direct discrimination by treating persons in a similar situation similarly. It may help to combat negative stereotyping and prejudices, but it cannot offer solutions for the “dilemma of difference”, as it does not consider and embrace differences among human beings. Substantive equality, by contrast, also seeks to address structural and indirect discrimination and takes into account power relations. It acknowledges that the “dilemma of difference” entails both ignoring and acknowledging differences among human beings in order to achieve equality.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. The human rights model of disability and inclusive equality"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-6-0011","docId":"crpd-c-gc-6","idx":11,"n":11,"text":"11. Inclusive equality is a new model of equality developed throughout the Convention. It embraces a substantive model of equality and extends and elaborates on the content of equality in: (a) a fair redistributive dimension to address socioeconomic disadvantages; (b) a recognition dimension to combat stigma, stereotyping, prejudice and violence and to recognize the dignity of human beings and their intersectionality; (c) a participative dimension to reaffirm the social nature of people as members of social groups and the full recognition of humanity through inclusion in society; and (d) an accommodating dimension to make space for difference as a matter of human dignity. The Convention is based on inclusive equality.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. The human rights model of disability and inclusive equality"]},{"id":"crpd-c-gc-6-0012","docId":"crpd-c-gc-6","idx":12,"n":12,"text":"12. Equality and non-discrimination are principles and rights. The Convention refers to them in article 3 as principles and in article 5 as rights. They are also an interpretative tool for all the other principles and rights enshrined in the Convention. The principles/rights of equality and non-discrimination are a cornerstone of the international protection guaranteed by the Convention. Promoting equality and tackling discrimination are cross-cutting obligations of immediate realization. They are not subject to progressive realization.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Legal character of non-discrimination and equality"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0013","docId":"crpd-c-gc-6","idx":13,"n":13,"text":"13. Article 5 of the Convention, like article 26 of the International Covenant on Civil and Political Rights, provides in itself an autonomous right independent from other provisions. It prohibits de jure or de facto discrimination in any field regulated and protected by public authority. Read together with article 4 (1) (e), it is also evident that it extends to the private sector.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Legal character of non-discrimination and equality"],"citedArticles":[{"treaty":"ICCPR","article":"5","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"4","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-6-0014","docId":"crpd-c-gc-6","idx":14,"n":14,"text":"14. Several international human rights treaties include the term “equal before the law”, which describes the entitlement of persons to equal treatment by and in the application of the law, as a field. In order that this right may be fully realized, the judiciary and law enforcement officers must not, in the administration of justice, discriminate against persons with disabilities. “Equality under the law” is unique to the Convention. It refers to the possibility to engage in legal relationships. While equality before the law refers to the right to be protected by the law, equality under the law refers to the right to use the law for personal benefit. Persons with disabilities have the right to be effectively protected and to positively engage. The law itself shall guarantee the substantive equality of all those within a given jurisdiction. Thus, the recognition that all persons with disabilities are equal under the law means that there should be no laws that allow for specific denial, restriction or limitation of the rights of persons with disabilities, and that disability should be mainstreamed in all legislation and policies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","A. Article 5 (1) on being equal before and under the law"]},{"id":"crpd-c-gc-6-0015","docId":"crpd-c-gc-6","idx":15,"n":15,"text":"15. This interpretation of the terms “being equal before the law” and “being equal under the law” is in line with articles 4 (1) (b) and (c) of the Convention, according to which States parties must ensure that public authorities and institutions act in conformity with the Convention; that existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities are modified or abolished; and that the protection and promotion of the rights of persons with disabilities is taken into account in all policies and programmes.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","A. Article 5 (1) on being equal before and under the law"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-6-0016","docId":"crpd-c-gc-6","idx":16,"n":16,"text":"16. “Equal protection of the law” and “equal benefit of the law” include related but distinct concepts of equality and non-discrimination. The phrase “equal protection of the law” is well known in international human rights treaty law and is used to demand that national legislatures refrain from maintaining or establishing discrimination against persons with disabilities when enacting laws and policies. Reading article 5 in conjunction with articles 1, 3 and 4 of the Convention, it is clear that, in order to facilitate the enjoyment by persons with disabilities on an equal basis of the rights guaranteed under legislation, States parties must take positive actions. Accessibility, reasonable accommodation and individual supports are often required. To ensure equal opportunity for all persons with disabilities, the term “equal benefit of the law” is used, meaning that States parties must eliminate barriers to gaining access to all of the protections of the law and the benefits of equal access to the law and justice to assert rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","B. Article 5 (1) on equal protection and equal benefit of the law"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"1","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crpd-c-gc-6-0017","docId":"crpd-c-gc-6","idx":17,"n":17,"text":"17. Article 5 (2) contains the legal requirements for achieving equality rights for persons with disabilities and persons associated with them. The obligations to prohibit all discrimination on the basis of disability includes persons with disabilities and their associates, e.g. parents of children with disabilities. The obligation to guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds is far-reaching and imposes positive duties of protection on States parties. Disability-based discrimination is defined in article 2 as “any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.” That definition is based on legal definitions of discrimination in international human rights treaties, such as article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination and article 1 of the Convention on the Elimination of All Forms of Discrimination against Women. It goes beyond those definitions in two aspects: first, it includes “denial of reasonable accommodation” as a form of disability-based discrimination; second, the phrase “on an equal basis with others” is a new component. In its articles 1 and 3, the Convention on the Elimination of All Forms of Discrimination against Women contains a similar but more limited phrase: “on a basis of equality of men and women”. The phrase “on an equal basis with others” is not only limited to the definition of disability-based discrimination but also permeates the whole Convention on the Rights of Persons with Disabilities. On the one hand, it means that persons with disabilities will not be granted more or fewer rights or benefits than the general population. On the other hand, it requires that States parties take concrete specific measures to achieve de facto equality for persons with disabilities to ensure that they can in fact enjoy all human rights and fundamental freedoms.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"],"citedArticles":[{"article":"5","paragraph":"2","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text says 'Article 5 (2) contains the legal requirements for achieving equality rights for persons with disabilities' — in this CRPD committee GC, 'the Convention' is CRPD. regex_default_treaty=CRPD."},{"article":"2","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text defines disability-based discrimination per 'article 2' with a definition that matches CRPD art. 2 verbatim. regex_default_treaty=CRPD."},{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text says 'article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination' — explicit treaty name."},{"article":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text says 'article 1 of the Convention on the Elimination of All Forms of Discrimination against Women' — explicit treaty name."},{"article":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text says 'In its articles 1 and 3, the Convention on the Elimination of All Forms of Discrimination against Women contains a similar but more limited phrase' — referring to CEDAW art. 1 again."},{"article":"3","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text says 'In its articles 1 and 3, the Convention on the Elimination of All Forms of Discrimination against Women' — explicit reference to CEDAW art. 3."}]},{"id":"crpd-c-gc-6-0018","docId":"crpd-c-gc-6","idx":18,"n":18,"text":"The duty to prohibit “all discrimination” includes all forms of discrimination. International human rights practice identifies four main forms of discrimination, which can occur individually or simultaneously: (a) “Direct discrimination” occurs when, in a similar situation, persons with disabilities are treated less favourably than other persons because of a different personal status in a similar situation for a reason related to a prohibited ground. Direct discrimination includes detrimental acts or omissions based on prohibited grounds where there is no comparable similar situation.[[fn:2]] The motive or intention of the discriminating party is not relevant to a determination of whether discrimination has occurred. For example, a State school that refuses to admit a child with disabilities in order not to change the scholastic programmes does so just because of his or her disability and is an example of direct discrimination; (b) “Indirect discrimination”[[fn:3]] means that laws, policies or practices appear neutral at face value but have a disproportionate negative impact on a person with a disability. It occurs when an opportunity that appears accessible in reality excludes certain persons owing to the fact that their status does not allow them to benefit from the opportunity itself. For example, if a school does not provide books in Easy-Read format, it would indirectly discriminate against persons with intellectual disabilities, who, although technically allowed to attend the school, would in fact need to attend another. Similarly, if a candidate with restricted mobility had a job interview on a second floor office in a building without an elevator, although allowed to sit the interview, the situation puts him/her in an unequal position; (c) “Denial of reasonable accommodation”, according to article 2 of the Convention, constitutes discrimination if the necessary and appropriate modification and adjustments (that do not impose a “disproportionate or undue burden”) are denied and are needed to ensure the equal enjoyment or exercise of a human right or fundamental freedom. Not accepting an accompanying person or refusing to otherwise accommodate a person with a disability are examples of denial of reasonable accommodation; (d) “Harassment” is a form of discrimination when unwanted conduct related to disability or other prohibited grounds takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. It can happen through actions or words that have the effect of perpetuating the difference and oppression of persons with disabilities. Particular attention should be paid to persons with disabilities living in segregated places, such as residential institutions, special schools or psychiatric hospitals, where this type of discrimination is more likely to occur and is by nature invisible, and so not likely to be punished. “Bullying” and its online form, cyberbullying and cyberhate, also constitute particularly violent and harmful forms of hate crimes. Other examples include (disability-based) violence in all its appearances, such as rape, abuse and exploitation, hate-crime and beatings.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":2,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 10."},{"n":3,"text":"Ibid."}],"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"],"citedArticles":[{"treaty":"CRPD","article":"2","source":"regex"}]},{"id":"crpd-c-gc-6-0019","docId":"crpd-c-gc-6","idx":19,"n":19,"text":"19. Discrimination can be based on a single characteristic, such as disability or gender, or on multiple and/or intersecting characteristics. “Intersectional discrimination” occurs when a person with a disability or associated to disability suffers discrimination of any form on the basis of disability, combined with, colour, sex, language, religion, ethnic, gender or other status. Intersectional discrimination can appear as direct or indirect discrimination, denial of reasonable accommodation or harassment. For example, while the denial of access to general health-related information due to inaccessible format affects all persons on the basis of disability, the denial to a blind woman of access to family planning services restricts her rights based on the intersection of her gender and disability. In many cases, it is difficult to separate these grounds. States parties must address multiple and intersectional discrimination against persons with disabilities. “Multiple discrimination” according to the Committee is a situation where a person can experience discrimination on two or several grounds, in the sense that discrimination is compounded or aggravated. Intersectional discrimination refers to a situation where several grounds operate and interact with each other at the same time in such a way that they are inseparable and thereby expose relevant individuals to unique types of disadvantage and discrimination.[[fn:4]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":4,"text":"See Committee on the Rights of Persons with Disabilities general comment No. 3 (2016) on women and girls with disabilities, paras. 4 (c) and 16."}],"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"]},{"id":"crpd-c-gc-6-0020","docId":"crpd-c-gc-6","idx":20,"n":20,"text":"20. Discrimination “on the basis of disability” can be against persons who have a disability at present, who have had a disability in the past, who have a disposition to a disability that lies in the future, who are presumed to have a disability, as well as those who are associated with a person with a disability. The latter is known as “discrimination by association”. The reason for the wide scope of article 5 is to eradicate and combat all discriminatory situations and/or discriminatory conducts that are linked to disability.","labels":["Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0021","docId":"crpd-c-gc-6","idx":21,"n":21,"text":"21. Protection against “discrimination on all grounds” means that all possible grounds of discrimination and their intersections must be taken into account. Possible grounds include but are not limited to: disability; health status; genetic or other predisposition towards illness; race; colour; descent; sex; pregnancy and maternity/paternity; civil; family or career status; gender expression; sex; language; religion; political or other opinion; national, ethnic, indigenous or social origin; migrant, refugee or asylum status; belonging to a national minority; economic or property status; birth; and age, or a combination of any of those grounds or characteristics associated with any of those grounds.","labels":["Refugees & asylum-seekers","Indigenous peoples","Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"]},{"id":"crpd-c-gc-6-0022","docId":"crpd-c-gc-6","idx":22,"n":22,"text":"22. “Equal and effective legal protection against discrimination” means that States parties have positive obligations to protect persons with disabilities from discrimination, with an obligation to enact specific and comprehensive anti-discrimination legislation. The explicit legal prohibition of disability-based and other discrimination against persons with disabilities in legislation should be accompanied by the provision of appropriate and effective legal remedies and sanctions in relation to intersectional discrimination in civil, administrative and criminal proceedings. Where the discrimination is of a systemic nature, the mere granting of compensation to an individual may not have any real effect in terms of changing the approach. In those cases, States parties should also implement “forward-looking, non-pecuniary remedies” in their legislation, meaning that further effective protection against discrimination carried out by private parties and organizations is provided by the State party.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"]},{"id":"crpd-c-gc-6-0023","docId":"crpd-c-gc-6","idx":23,"n":23,"text":"23. Reasonable accommodation is an intrinsic part of the immediately applicable duty of non-discrimination in the context of disability.[[fn:5]] Examples of reasonable accommodations include making existing facilities and information accessible to the individual with a disability; modifying equipment; reorganizing activities; rescheduling work; adjusting curricula learning materials and teaching strategies; adjusting medical procedures; or enabling access to support personnel without disproportionate or undue burden.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":5,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 5 (1994) on persons with disabilities, para. 15."}],"section":["V. Normative content","D. Article 5 (3) on reasonable accommodation"]},{"id":"crpd-c-gc-6-0024","docId":"crpd-c-gc-6","idx":24,"n":24,"text":"Reasonable accommodation duties are different from accessibility duties. Both aim to guarantee accessibility, but the duty to provide accessibility through universal design or assistive technologies is an ex ante duty, whereas the duty to provide reasonable accommodation is an ex nunc duty: (a) As an ex ante duty, accessibility must be built into systems and processes without regard to the need of a particular person with a disability, for example, to have access to a building, a service or a product, on an equal basis with others. States parties must set accessibility standards that are developed and adopted in consultation with organizations of persons with disabilities, consistent with article 4 (3) of the Convention. The duty of accessibility is a proactive, systemic duty; (b) As an ex nunc duty, reasonable accommodation must be provided from the moment that a person with a disability requires access to non-accessible situations or environments, or wants to exercise his or her rights. Reasonable accommodation is often but not necessarily requested by the person who requires access, or by relevant representatives of a person or a group of people. Reasonable accommodation must be negotiated with the applicant(s). In certain circumstances, the reasonable accommodation provided becomes a collective or public good. In other cases, the reasonable accommodations provided only benefit the applicant(s). The duty to provide reasonable accommodation is an individualized reactive duty that is applicable from the moment a request for accommodation is received. Reasonable accommodation requires the duty bearer to enter into dialogue with the individual with a disability. It is important to note that the duty to provide reasonable accommodation is not limited to situations in which the person with a disability has asked for an accommodation or in which it could be proved that the alleged duty bearer was actually aware that the person in question had a disability. It should also apply in situations where a potential duty bearer should have realized that the person in question had a disability that might require accommodations to address barriers to exercising rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","D. Article 5 (3) on reasonable accommodation"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-6-0025","docId":"crpd-c-gc-6","idx":25,"n":25,"text":"The duty to provide reasonable accommodation in accordance with articles 2 and 5 of the Convention can be broken down into two constituent parts. The first part imposes a positive legal obligation to provide a reasonable accommodation which is a modification or adjustment that is necessary and appropriate where it is required in a particular case to ensure that a person with a disability can enjoy or exercise her or his rights. The second part of this duty ensures that those required accommodations do not impose a disproportionate or undue burden on the duty bearer. (a) “Reasonable accommodation” is a single term, and “reasonable” should not be misunderstood as an exception clause; the concept of “reasonableness” should not act as a distinct qualifier or modifier to the duty. It is not a means by which the costs of accommodation or the availability of resources can be assessed — this occurs at a later stage, when the “disproportionate or undue burden” assessment is undertaken. Rather, the reasonableness of an accommodation is a reference to its relevance, appropriateness and effectiveness for the person with a disability. An accommodation is reasonable, therefore, if it achieves the purpose (or purposes) for which it is being made, and is tailored to meet the requirements of the person with a disability; (b) “Disproportionate or undue burden” should be understood as a single concept that sets the limit of the duty to provide reasonable accommodation. Both terms should be considered synonyms insofar as they refer to the same idea: that the request for reasonable accommodation needs to be bound by a possible excessive or unjustifiable burden on the accommodating party; (c) “Reasonable accommodation” should also not be confused with “specific measures”, including “affirmative action measures”. While both concepts aim at achieving de facto equality, reasonable accommodation is a non-discrimination duty, whereas specific measures imply a preferential treatment of persons with disabilities over others to address historic and/or systematic/systemic exclusion from the benefits of exercising rights. Examples of specific measures include temporary measures for countering the low numbers of women with disabilities employed in the private sector and support programmes to increase the number of students with disabilities in tertiary education. Similarly, reasonable accommodation should not be confused with the provision of support, such as personal assistants, under the right to live independently and be included in the community, or support to exercise legal capacity; (d) “Procedural accommodations” in the context of access to justice should not be confused with reasonable accommodation; while the latter is limited by the concept of disproportionality, procedural accommodations are not.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","D. Article 5 (3) on reasonable accommodation"],"citedArticles":[{"treaty":"CRPD","article":"2","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0026","docId":"crpd-c-gc-6","idx":26,"n":26,"text":"Key elements that guide the implementation of the duty to provide reasonable accommodation include: (a) Identifying and removing barriers that have an impact on the enjoyment of human rights for persons with disabilities, in dialogue with the person with a disability concerned; (b) Assessing whether an accommodation is feasible (legally or in practice) — an accommodation that is legally or materially impossible is unfeasible; (c) Assessing whether the accommodation is relevant (i.e., necessary and appropriate) or effective in ensuring the realization of the right in question; (d) Assessing whether the modification imposes a disproportionate or undue burden on the duty bearer; the determination of whether a reasonable accommodation is disproportionate or unduly burdensome requires an assessment of the proportional relationship between the means employed and its aim, which is the enjoyment of the right concerned; (e) Ensuring that the reasonable accommodation is suitable to achieve the essential objective of the promotion of equality and the elimination of discrimination against persons with disabilities. A case-by-case approach based on consultations with the relevant body charged with reasonable accommodation and the person concerned is therefore required. Potential factors to be considered include financial costs, resources available (including public subsidies), the size of the accommodating party (in its entirety), the effect of the modification on the institution or the enterprise, third-party benefits, negative impacts on other persons and reasonable health and safety requirements. Regarding the State party as a whole and the private sector entities, overall assets rather than just the resources of a unit or department within an organizational structure must be considered; (f) Ensuring that the persons with a disability more broadly do not bear the costs; (g) Ensuring that the burden of proof rests with the duty bearer who claims that his or her burden would be disproportionate or undue.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","D. Article 5 (3) on reasonable accommodation"]},{"id":"crpd-c-gc-6-0027","docId":"crpd-c-gc-6","idx":27,"n":27,"text":"27. Any justification of the denial of reasonable accommodation must be based on objective criteria and analysed and communicated in a timely fashion to the person with a disability concerned. The justification test in reasonable accommodation is related to the length of the relationship between the duty bearer and the rights holder.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","D. Article 5 (3) on reasonable accommodation"]},{"id":"crpd-c-gc-6-0028","docId":"crpd-c-gc-6","idx":28,"n":28,"text":"28. Specific measures not to be regarded as discrimination are positive or affirmative measures that aim to accelerate or achieve de facto equality of persons with disabilities. Such measures are mentioned in other international human rights treaties, such as article 4 of the Convention on the Elimination of All Forms of Discrimination against Women or article 1 (4) of the International Convention on the Elimination of All Forms of Racial Discrimination, and entail adopting or maintaining certain advantages in favour of an underrepresented or marginalized group. They are usually temporary in nature, although in some instances permanent specific measures are required, depending on context and circumstances, including by virtue of a particular impairment or the structural barriers of society. Examples of specific measures include outreach and support programmes, allocation and/or reallocation of resources, targeted recruitment, hiring and promotion, quota systems, advancement and empowerment measures, as well as respite care and technological aids.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","E. Article 5 (4) on specific measures"],"citedArticles":[{"article":"4","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 4 of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"1","paragraph":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 1 (4) of the International Convention on the Elimination of All Forms of Racial Discrimination'."}]},{"id":"crpd-c-gc-6-0029","docId":"crpd-c-gc-6","idx":29,"n":29,"text":"29. Specific measures adopted by States parties under article 5 (4) of the Convention must be consistent with all its principles and provisions. In particular, they must not result in perpetuation of isolation, segregation, stereotyping, stigmatization or otherwise discrimination against persons with disabilities. Thus, States parties must consult closely with and actively involve representative organizations of persons with disabilities when they adopt specific measures.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","E. Article 5 (4) on specific measures"],"citedArticles":[{"treaty":"CRPD","article":"5","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-6-0030","docId":"crpd-c-gc-6","idx":30,"n":30,"text":"30. States parties have an obligation to respect, protect and fulfil the right of all persons with disabilities to non-discrimination and equality. In that regard, States parties must refrain from any action that discriminates against persons with disabilities. In particular, States parties shall modify or abolish existing laws, regulations, customs and practices that constitute such discrimination. The Committee has often given examples in that regard including: guardianship laws and other rules infringing upon the right to legal capacity;[[fn:6]] mental health laws that legitimize forced institutionalization and forced treatment, which are discriminatory and must be abolished;[[fn:7]] non-consensual sterilization of women and girls with disabilities; inaccessible housing and institutionalization policy;[[fn:8]] segregated education laws and policies;[[fn:9]] and election laws that disenfranchise persons with disabilities.[[fn:10]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":6,"text":"See Committee on the Rights of Persons with Disabilities general comment No. 1 (2014) on equal recognition before the law."},{"n":7,"text":"See Committee on the Rights of Persons with Disabilities, guidelines on article 14, paras. 6 and 14. Available from the Committee’s web page (www.ohchr.org/EN/HRBodies/CRPD/ Pages/CRPDIndex.aspx)."},{"n":8,"text":"See, for example, general comment No. 5 (2017) on living independently and being included in the community, para. 46."},{"n":9,"text":"See general comment No. 4 (2016) on the right to inclusive education, para. 24."},{"n":10,"text":"See Bujdosó et al v. Hungary (CRPD/C/10/D/4/2011)."}],"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"]},{"id":"crpd-c-gc-6-0031","docId":"crpd-c-gc-6","idx":31,"n":31,"text":"The effective enjoyment of the rights to equality and non-discrimination calls for the adoption of enforcement measures, such as: (a) Measures to raise the awareness of all people about the rights of persons with disabilities under the Convention, the meaning of discrimination and the existing judicial remedies; (b) Measures to ensure rights contained in the Convention are actionable in domestic courts and provide access to justice for all persons who have experienced discrimination; (c) Protection from retaliation, such as adverse treatment or adverse consequences in reaction to a complaint or to proceedings aimed at enforcing compliance with equality provisions; (d) The legal right to bring a lawsuit to court and to pursue claims through associations, organizations or other legal entities that have a legitimate interest in the realization of the right to equality; (e) Specific rules relating to evidence and proof to ensure that stereotyped attitudes about the capacity of persons with disabilities do not result in victims of discrimination being inhibited in obtaining redress; (f) Effective, proportionate and dissuasive sanctions for breach of the right to equality and adequate remedies; (g) Sufficient and accessible provision of legal aid to ensure access to justice for the claimant in discrimination litigation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"]},{"id":"crpd-c-gc-6-0032","docId":"crpd-c-gc-6","idx":32,"n":32,"text":"32. States parties must identify areas or subgroups of persons with disabilities — including those who face intersectional discrimination — that require specific measures to accelerate or achieve inclusive equality. States parties are under an obligation to adopt specific measures for such groups.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"]},{"id":"crpd-c-gc-6-0033","docId":"crpd-c-gc-6","idx":33,"n":33,"text":"33. Regarding the consultation obligations of States parties, article 4 (3) and article 33 (3) of the Convention emphasize the important role that organizations of persons with disabilities must play in the implementation and monitoring of the Convention. States parties must ensure that they consult closely and actively involve such organizations, which represent the vast diversity in society, including children, autistic persons, persons with a genetic or neurological condition, persons with rare and chronic diseases, persons with albinism, lesbian, gay, bisexual, transgender or intersex persons, indigenous peoples, rural communities, older persons, women, victims of armed conflicts and persons with an ethnic minority or migrant background. Only then can it be expected that all discrimination, including multiple and intersectional discrimination, will be tackled.","labels":["Indigenous peoples","Migrants","Persons with disabilities","LGBTI+","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-6-0034","docId":"crpd-c-gc-6","idx":34,"n":34,"text":"34. States parties have information obligations in relation to article 5 of the Convention in that they must collect and analyse appropriate data and research information in order to identify inequalities, discriminatory practices and patterns of disadvantage, and analyse the effectiveness of measures promoting equality. The Committee has observed that, in many States parties, there is a lack of updated data on disability discrimination and that often, in cases where the national law and regulations allow it, no differentiation is made according to impairment, gender, sex, gender identity, ethnicity, religion, age or other layers of identity. Such data and its analysis are of paramount importance for developing effective anti-discrimination and equality measures.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0035","docId":"crpd-c-gc-6","idx":35,"n":35,"text":"35. States parties should also conduct appropriate research on disability discrimination and equality rights for persons with disabilities. Research agendas must embed persons with disabilities in research processes from the agenda-setting stage to ensure their meaningful participation in research. Inclusive and participatory research processes should ensure a safe space for participants and centre around the lived experiences and requirements of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"]},{"id":"crpd-c-gc-6-0036","docId":"crpd-c-gc-6","idx":36,"n":36,"text":"36. Women and girls with disabilities are among those groups of persons with disabilities who most often experience multiple and intersectional discrimination.[[fn:11]] Article 6 is a cross-cutting article and must be taken into account in relation to all provisions of the Convention.[[fn:12]] While only article 6 mentions the term “multiple discrimination”, multiple and intersectional discrimination may occur in any combination of two or more grounds. Article 6 is a binding equality and non-discrimination article that prohibits discrimination against women and girls with disabilities and obliges States parties to promote equality of both opportunity and outcomes. Moreover, article 6, like article 7, must be regarded as illustrative, rather than exhaustive, setting out obligations in respect of the two prominent examples of multiple and intersectional discrimination.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":11,"text":"See Committee on the Elimination of Discrimination against Women general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, para. 31."},{"n":12,"text":"See Committee on the Rights of Persons with Disabilities general comment No. 3, para. 12."}],"section":["VII. Relationship with other specific articles of the Convention","A. Article 6 on women with disabilities"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"7","source":"regex"}]},{"id":"crpd-c-gc-6-0037","docId":"crpd-c-gc-6","idx":37,"n":37,"text":"37. Children with disabilities often experience multiple, and intersectional discrimination. States parties must prohibit all forms of discrimination on the basis of disability that are specific to children; provide effective and accessible remedies; and raise awareness among the public and professionals to prevent and eliminate discrimination. In many States parties, for instance, children can lawfully be assaulted under the guise of “discipline” or “safety” (e.g. restraint). This physical punishment often disproportionately affects children with disabilities. States parties must prohibit all forms of corporal punishment and cruel, inhuman and degrading treatment of children, in all settings, and ensure appropriate measures are taken to enforce this ban.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","B. Article 7 on children with disabilities"]},{"id":"crpd-c-gc-6-0038","docId":"crpd-c-gc-6","idx":38,"n":38,"text":"38. The concept of the “best interests of the child” contained in article 3 of the Convention on the Rights of the Child should be applied to children with disabilities with careful consideration of their circumstances. States parties should promote the mainstreaming of disability in general laws and policies on childhood and adolescence. The concept of best interest, however, should not be used to prevent children, especially girls with disabilities, from exercising their right to bodily integrity. It should be used to ensure that children with disabilities are informed, consulted and have a say in every decision-making process related to their situation. In particular, States parties should address violence and institutionalization of children with disabilities, who are denied the right to grow up in their families as a matter of discrimination. States parties should implement deinstitutionalization strategies that help children to live with their families or in alternative family care in the community. States parties should also adopt support measures to enable all children with disabilities to exercise their right to be heard, in all procedures that affect them, including in parliament, committees and bodies of political decision-making.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","B. Article 7 on children with disabilities"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crpd-c-gc-6-0039","docId":"crpd-c-gc-6","idx":39,"n":39,"text":"39. Discrimination cannot be combated without awareness-raising among all sectors of government and society. Thus, any non-discrimination and equality measure must be accompanied by adequate awareness-raising measures and measures to change or abolish compounded pejorative disability stereotypes and negative attitudes. In addition, violence, harmful practices and prejudices must be tackled by awareness-raising campaigns. States parties should undertake measures to encourage, inter alia, the media to portray persons with disabilities in a manner consistent with the purpose of the Convention and to modify harmful views of persons with disabilities, such as those that portray them unrealistically as being dangerous to themselves and others, or sufferers and dependent objects of care without autonomy who are unproductive economic and social burdens to society.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","C. Article 8 on awareness-raising"]},{"id":"crpd-c-gc-6-0040","docId":"crpd-c-gc-6","idx":40,"n":40,"text":"40. Accessibility is a precondition and a means to achieve de facto equality for all persons with disabilities. For persons with disabilities to effectively participate in the community, States parties must address accessibility of the built environment, public transport, as well as information and communication services, which must be available and usable for all persons with disabilities on an equal basis with others. Accessibility in the context of communication services includes the provision of social and communication support.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","D. Article 9 on accessibility"]},{"id":"crpd-c-gc-6-0041","docId":"crpd-c-gc-6","idx":41,"n":41,"text":"As noted above, accessibility and reasonable accommodations are two distinct concepts of equality laws and policies: (a) Accessibility duties relate to groups and must be implemented gradually but unconditionally; (b) Reasonable accommodation duties, on the other hand, are individualized, apply immediately to all rights and may be limited by disproportionality.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","D. Article 9 on accessibility"]},{"id":"crpd-c-gc-6-0042","docId":"crpd-c-gc-6","idx":42,"n":42,"text":"42. Because the gradual realization of accessibility in the built environment, public transportation and information and communication services may take time, reasonable accommodation may be used as a means to provide access to an individual in the meantime, as it is an immediate duty. The Committee calls upon States parties to be guided by its general comment No. 2 (2014) on accessibility.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","D. Article 9 on accessibility"]},{"id":"crpd-c-gc-6-0043","docId":"crpd-c-gc-6","idx":43,"n":43,"text":"43. Non-discrimination must be ensured in situations of risk and humanitarian emergencies, based also on obligations in international humanitarian law, including humanitarian disarmament law, to address the increased risk inherent in such situations, of discrimination against persons with disabilities.","labels":["Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","E. Article 11 on situations of risk and humanitarian emergencies"]},{"id":"crpd-c-gc-6-0044","docId":"crpd-c-gc-6","idx":44,"n":44,"text":"44. Internationally displaced persons with disabilities and/or refugees with disabilities often lack equal access to basic necessities, such as water, sanitation, food and shelter. For example, accessible hygiene facilities like latrines and showers often do not exist or are insufficient.","labels":["Refugees & asylum-seekers","Persons with disabilities","Internally displaced persons"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","E. Article 11 on situations of risk and humanitarian emergencies"]},{"id":"crpd-c-gc-6-0045","docId":"crpd-c-gc-6","idx":45,"n":45,"text":"45. Women and girls with disabilities in situations of risk and humanitarian emergencies are at a particularly increased risk of violence, including sexual violence, exploitation or abuse and are less likely to be able to have access to recovery and rehabilitation services or access to justice.[[fn:13]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":13,"text":"See general comment No. 3, paras. 49–50."}],"section":["VII. Relationship with other specific articles of the Convention","E. Article 11 on situations of risk and humanitarian emergencies"]},{"id":"crpd-c-gc-6-0046","docId":"crpd-c-gc-6","idx":46,"n":46,"text":"46. States parties are therefore required to ensure the principle of non-discrimination in all programmes and actions. This means to include on an equal basis persons with disabilities in national emergency protocols, to fully recognize persons with disabilities in evacuation scenarios, to provide for accessible information and communication helplines and hotlines, to ensure that humanitarian aid relief is distributed in an accessible, non-discriminatory way to persons with disabilities in humanitarian emergencies, and to ensure that water, sanitation and hygiene facilities in emergency shelters and refugee camps are available and accessible for persons with disabilities. After emergencies, accessible reconstruction is decisive for the equality of persons with disabilities in society. To ensure these elements, States parties must closely engage with persons with disabilities through their representative organizations, in the design and implementation, monitoring and evaluation of legislation and policies related to all the stages of emergencies.","labels":["Refugees & asylum-seekers","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","E. Article 11 on situations of risk and humanitarian emergencies"]},{"id":"crpd-c-gc-6-0047","docId":"crpd-c-gc-6","idx":47,"n":47,"text":"47. The right to legal capacity is a threshold right, that is, it is required for the enjoyment of almost all other rights in the Convention, including the right to equality and non-discrimination. Articles 5 and 12 are fundamentally connected, because equality before the law must include the enjoyment of legal capacity by all persons with disabilities on an equal basis with others. Discrimination through denial of legal capacity may be present in different ways, including status-based, functional and outcome-based systems. Denial of decision-making on the basis of disability through any of these systems is discriminatory.[[fn:14]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":14,"text":"See general comment No. 1, para. 15."}],"section":["VII. Relationship with other specific articles of the Convention","F. Article 12 on equal recognition before the law"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-6-0048","docId":"crpd-c-gc-6","idx":48,"n":48,"text":"48. A key difference between the reasonable accommodation obligation under article 5 of the Convention and the support that must be provided for persons with disabilities exercising their legal capacity under article 12 (3) is that there is no limit on the obligation under article 12 (3). The fact that support to exercise capacity may impose a disproportionate or undue burden does not limit the requirement to provide it.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","F. Article 12 on equal recognition before the law"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"12","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"12","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-6-0049","docId":"crpd-c-gc-6","idx":49,"n":49,"text":"To ensure consistency between articles 5 and 12 of the Convention, States parties should: (a) Reform existing legislation to prohibit discriminatory denial of legal capacity, premised on status-based, functional or outcome-based models. Where appropriate, replace those with models of supported decision-making, taking into account universal adult legal capacity without any form of discrimination; (b) Provide resources to systems of supported decision-making to assist persons with disabilities to navigate existing legal systems. Legislating and resourcing such services should be consistent with the key provisions identified in paragraph 29 of general comment No. 1 (2014) on equal recognition before the law. This includes basing any systems of support on giving effect to the rights, will and preferences of those receiving support rather than what is perceived as being in their best interests. The best interpretation of will and preferences should replace best-interest concept in all matters related to adults where it is not practicable to determine the person’s will and preferences; (c) States parties should provide protection against discrimination by establishing an accessible, locally available, low-threshold network of high-quality free legal counselling or legal aid, which must respect the will and preferences of these persons and protect their procedural rights (right to legal capacity) at the same level as for other types of legal representation. States parties must consistently ensure that instruments for protection are not based on removing legal capacity or otherwise hindering the access of persons with disabilities to justice.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","F. Article 12 on equal recognition before the law"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-6-0050","docId":"crpd-c-gc-6","idx":50,"n":50,"text":"50. Training and education should be provided for relevant agencies, such as legal decision makers, service providers or other stakeholders. States parties are obliged to ensure the equal enjoyment of all goods and services offered in society, including the goods and services listed in article 12 (5), which provides examples of goods that persons with disabilities are particularly precluded from, such as property or services connected to financial affairs, e.g. mortgages. Article 25 (e) mentions another service which is usually not open to persons with disabilities, namely, that of life insurance and (private) health insurance. States parties should take an active, comprehensive approach to ensure equal enjoyment of goods and services in the private sector. That includes a strengthening of the anti-discrimination legislation as it applies to the private sector. Cooperation with trade unions and other actors should be utilized to find partners willing to bring about change.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","F. Article 12 on equal recognition before the law"],"citedArticles":[{"treaty":"CRPD","article":"12","paragraph":"5","source":"regex"},{"treaty":"CRPD","article":"25","source":"regex"}]},{"id":"crpd-c-gc-6-0051","docId":"crpd-c-gc-6","idx":51,"n":51,"text":"51. The rights and obligations with respect to equality and non-discrimination outlined in article 5 raise particular considerations with respect to article 13, which, among others, call for the provision of procedural and age-appropriate accommodations. These accommodations are distinguishable from reasonable accommodation in that procedural accommodations are not limited by disproportionality. An illustration of a procedural accommodation is the recognition of diverse communication methods of persons with disabilities standing in courts and tribunals. Age-appropriate accommodations may consist of disseminating information about available mechanisms to bring complaints forward and access to justice using age-appropriate and plain language.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","G. Article 13 on access to justice"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"13","source":"regex"}]},{"id":"crpd-c-gc-6-0052","docId":"crpd-c-gc-6","idx":52,"n":52,"text":"In order to ensure effective access to justice, processes must allow participation and be transparent. Actions that enable participation include: (a) Delivery of information in an understandable and accessible manner; (b) Recognition and accommodation of diverse forms of communication; (c) Physical accessibility throughout all stages of the process; (d) Financial assistance in the case of legal aid, where applicable, and subject to statutory tests of means and merits.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","G. Article 13 on access to justice","1. Article 13 (1)"]},{"id":"crpd-c-gc-6-0053","docId":"crpd-c-gc-6","idx":53,"n":53,"text":"53. Suitable measures that can protect persons who are unable to defend themselves against discrimination, even when provided with support, or whose options are greatly limited by fear of the negative consequences of such attempts, are actions in public interest (actio popularis).","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","G. Article 13 on access to justice","1. Article 13 (1)"]},{"id":"crpd-c-gc-6-0054","docId":"crpd-c-gc-6","idx":54,"n":54,"text":"54. Furthermore, in order to provide transparency, a State party action must ensure that all relevant information is accessible and available and that there is adequate recording and reporting of all relevant claims, cases and court orders.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","G. Article 13 on access to justice","1. Article 13 (1)"]},{"id":"crpd-c-gc-6-0055","docId":"crpd-c-gc-6","idx":55,"n":55,"text":"In order to encourage appropriate respect for and fulfilment of rights and obligations, it is necessary to train law enforcement officers, raise awareness among rights holders and build the capacity of duty bearers. Appropriate training should include: (a) The complexities of intersectionality and the fact that persons should not be identified purely on the basis of impairment. Awareness-raising on intersectionality issues should be relevant to particular forms of discrimination and oppression; (b) The diversity among persons with disabilities and their individual requirements in order to gain effective access to all aspects of the justice system on an equal basis with others; (c) The individual autonomy of persons with disabilities and the importance of legal capacity for all; (d) The centrality of effective and meaningful communications to successful inclusion; (e) Measures adopted to ensure the effective training of personnel, including lawyers, magistrates, judges, prison staff, sign-language interpreters and the police and penitentiary system, on the rights of persons with disabilities.","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","G. Article 13 on access to justice","2. Article 13 (2)"]},{"id":"crpd-c-gc-6-0056","docId":"crpd-c-gc-6","idx":56,"n":56,"text":"56. Persons with disabilities can be disproportionately affected by violence, abuse and other cruel and degrading punishment, which can take the form of restraint or segregation as well as violent assault. The Committee is particularly concerned about the following acts committed against persons with disabilities, including children on the grounds of impairment, which by definition are discriminatory: separation of children with disabilities from their families and forced placement in institutions; deprivation of liberty; torture or cruel, inhuman or degrading treatment or punishment; violence; and the forced treatment of persons with disabilities inside and outside of mental health facilities. States parties must take all appropriate measures, to provide protection from and prevent all forms of exploitation, violence and abuse against persons with disabilities. Forced corrective disability treatments should be prohibited.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","H. Article 14 on liberty and security of the person, article 15 on freedom from torture or cruel, inhuman or degrading treatment or punishment, article 16 on freedom from exploitation, violence and abuse, and article 17 on protecting the integrity of the person"]},{"id":"crpd-c-gc-6-0057","docId":"crpd-c-gc-6","idx":57,"n":57,"text":"57. Article 19 of the Convention reaffirms non-discrimination and recognition of the equal right of persons with disabilities to live with full inclusion and participation independently in the community. In order to realize the right to live independently and be included in the community, States parties must take effective and appropriate measures to facilitate the full enjoyment of the right and the full inclusion and participation of persons with disabilities in the community. This involves implementing deinstitutionalization strategies and, in accordance with the Committee’s general comment No. 5 (2017) on living independently and being included in the community, allocating resources for independent living support services, accessible and affordable housing, support services for family carers and access to inclusive education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-6-0058","docId":"crpd-c-gc-6","idx":58,"n":58,"text":"58. Article 19 of the Convention recognizes the right not to be obliged to live in a particular living arrangement on account of one’s disability. Institutionalization is discriminatory as it demonstrates a failure to create support and services in the community for persons with disabilities, who are forced to relinquish their participation in community life to receive treatment. The institutionalization of persons with disabilities as a condition to receive public sector mental health services constitutes differential treatment on the basis of disability and, as such, is discriminatory.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-6-0059","docId":"crpd-c-gc-6","idx":59,"n":59,"text":"59. Eligibility criteria and procedures for gaining access to support services must be defined in a non-discriminatory way and must focus on the requirements of the person rather than the impairment, following a human rights-based approach. The development of support services should be person-centred, age- and gender-sensitive and culturally appropriate.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community"]},{"id":"crpd-c-gc-6-0060","docId":"crpd-c-gc-6","idx":60,"n":60,"text":"60. States parties should prohibit and prevent third parties from imposing practical or procedural barriers to living independently and being included in the community, for example by ensuring that services are in line with independent and community living and that persons with disabilities are not denied the possibility to rent or disadvantaged in the housing market.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community"]},{"id":"crpd-c-gc-6-0061","docId":"crpd-c-gc-6","idx":61,"n":61,"text":"61. Persons with disabilities often face discrimination in the exercise of their right to marry or their parental and family rights owing to discriminatory laws and policies, and administrative measures. Parents with disabilities are frequently seen as inadequate or unable to take care of their children. Separation of a child from his or her parents based on the disability of the child or parents or both is discrimination and in violation of article 23.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","J. Article 23 on respect for home and the family"],"citedArticles":[{"treaty":"CRPD","article":"23","source":"regex"}]},{"id":"crpd-c-gc-6-0062","docId":"crpd-c-gc-6","idx":62,"n":62,"text":"62. The placement of children in institutions on the basis of their impairment is also a form of discrimination prohibited by article 23 (5) of the Convention. States must ensure that parents with disabilities and parents of children with disabilities have the necessary support in the community to care for their children.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","J. Article 23 on respect for home and the family"],"citedArticles":[{"treaty":"CRPD","article":"23","paragraph":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0063","docId":"crpd-c-gc-6","idx":63,"n":63,"text":"63. The failure of some States parties to provide students with disabilities — including students with visible and invisible disabilities and those who experience multiple forms of discrimination or intersectional discrimination — with equal access to mainstream school with inclusive and quality education is discriminatory, contrary to the objectives of the Convention and in direct contravention of articles 5 and 24. Article 5 (1) interacts with article 24 and requires States parties to remove all types of discriminatory barriers, including legal and social barriers, to inclusive education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","K. Article 24 on education"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-6-0064","docId":"crpd-c-gc-6","idx":64,"n":64,"text":"64. Segregated models of education, which exclude students with disabilities from mainstream and inclusive education on the basis of disability, contravene articles 5 (2) and 24 (1) (a) of the Convention. Article 5 (3) requires States parties to take all appropriate steps to ensure that reasonable accommodation is provided. That right is strengthened for persons with disabilities in article 24 (2) (b), which requires States parties to ensure an inclusive education for persons with disabilities on an equal basis with others in the communities in which they live. That goal can be achieved by providing reasonable accommodation of an individual’s requirement, in accordance with article 24 (2) (c), and developing new and inclusive settings according to universal design. Standardized assessment systems, including entry examination that directly or indirectly exclude students with disabilities are discriminatory and in contravention of articles 5 and 24. States parties’ obligations extend beyond the school. States parties must ensure school transportation is provided to all students with disabilities where transportation options are limited due to social or economic barriers.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","K. Article 24 on education"],"citedArticles":[{"treaty":"CRPD","article":"5","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"24","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-6-0065","docId":"crpd-c-gc-6","idx":65,"n":65,"text":"65. To ensure equality and non-discrimination for deaf children in educational settings, they must be provided with sign language learning environments with deaf peers and deaf adult role models. The lack of proficiency in sign language skills of teachers of deaf children and inaccessible school environments exclude deaf children and are thus considered discriminatory. The Committee calls upon States parties to be guided by its general comment No. 4 (2016) on the right to inclusive education, when carrying out measures to fulfil their obligations under articles 5 and 24.","labels":["Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","K. Article 24 on education"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-6-0066","docId":"crpd-c-gc-6","idx":66,"n":66,"text":"66. Under articles 5 and 25 of the Convention, States parties must prohibit and prevent discriminatory denial of health services to persons with disabilities and to provide gender-sensitive health services, including sexual and reproductive health rights. States parties must also address forms of discrimination that violate the right of persons with disabilities, that impede their right to health through violations of the right to receive health care on the basis of free and informed consent,[[fn:15]] or that make facilities or information inaccessible.[[fn:16]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":15,"text":"See general comment No. 1, para. 41."},{"n":16,"text":"See general comment No. 2, para. 40."}],"section":["I. Article 19 on living independently and being included in the community","L. Article 25 on health"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"25","source":"regex"}]},{"id":"crpd-c-gc-6-0067","docId":"crpd-c-gc-6","idx":67,"n":67,"text":"To achieve de facto equality in terms of the Convention, States parties must ensure that there is no discrimination on the grounds of disability in connection to work and employment.[[fn:17]] In order to ensure reasonable accommodation as laid out in article 5 (3) and to achieve or accelerate de facto equality in the work environment as laid out in article 5 (4), States parties should: (a) Facilitate the transition away from segregated work environments for persons with disabilities and support their engagement in the open labour market, and in the meantime also ensure the immediate applicability of labour rights to those settings; (b) Promote the right to supported employment, including to work assistance, job coaching and vocational qualification programmes; protect the rights of workers with disabilities; and ensure the right to freely chosen employment; (c) Ensure that persons with disabilities are paid no less than the minimum wage and do not lose the benefit of disability allowances when they start work; (d) Expressly recognize the denial of reasonable accommodation as discrimination and prohibit multiple and intersectional discrimination, and harassment; (e) Ensure proper transition into and out of employment for persons with disabilities in a non-discriminatory manner. States parties are obliged to ensure equal and effective access to benefits and entitlements, such as retirement or unemployment benefits. Such entitlements must not be infringed upon by exclusion from employment, thereby further exacerbating the situation of exclusion; (f) Promote work in inclusive and accessible, safe and healthy working environments in the public and private sectors; (g) Ensure that persons with disabilities enjoy equal opportunities regarding career advancement opportunities through regular assessment meetings with their managers and by defining the objectives to be achieved, as a part of a comprehensive strategy; (h) Ensure access to training, retraining and education, including vocational training and capacity-building for employees with disabilities, and provide training on the employment of persons with disabilities and reasonable accommodation for employers, representative organizations of employees and employers, unions and competent authorities; (i) Work towards universally applicable occupational health and safety measures for persons with disabilities, including occupational safety and health regulations that are non-discriminatory and inclusive of persons with disabilities; (j) Recognize the right of persons with disabilities to have access to trade and labor unions.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":17,"text":"See the International Labour Organization Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)."}],"section":["I. Article 19 on living independently and being included in the community","M. Article 27 on work and employment"],"citedArticles":[{"treaty":"CRPD","article":"5","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-6-0068","docId":"crpd-c-gc-6","idx":68,"n":68,"text":"68. As stated in paragraph 59 of the Committee’s general comment No. 3, poverty is both a compounding factor and the result of multiple discrimination. Failure to implement the right of persons with disabilities to an adequate standard of living for themselves and their families is contrary to the objectives of the Convention. This failure is particularly worrying with regard to persons with disabilities living in extreme poverty or destitution. To reach an adequate standard of living comparable to others, persons with disabilities typically have additional expenses. This represents a particular disadvantage for children or older women with disabilities who live in extreme poverty and destitution. States parties should take effective measures to enable persons with disabilities to cover the additional expenses linked to disability. States parties are required to take immediate steps to provide persons with disabilities living in extreme poverty and destitution with a core minimum in terms of adequate food, clothing and housing.[[fn:18]]","labels":["Women/girls","Children","Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":18,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 3 (1990) on the nature of States parties’ obligations, para. 10."}],"section":["I. Article 19 on living independently and being included in the community","N. Article 28 on adequate standard of living and social protection"]},{"id":"crpd-c-gc-6-0069","docId":"crpd-c-gc-6","idx":69,"n":69,"text":"69. With regard to social protection, States parties are further required to implement a basic protection floor.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","N. Article 28 on adequate standard of living and social protection"]},{"id":"crpd-c-gc-6-0070","docId":"crpd-c-gc-6","idx":70,"n":70,"text":"Exclusion from electoral processes and other forms of participation in political life are frequent examples of disability-based discrimination. They are often closely linked to denial or restriction of legal capacity. States parties should aim to: (a) Reform laws, policies and regulations that systematically exclude persons with disabilities from voting and/or standing as candidates in elections; (b) Ensure that the electoral process is accessible to all persons with disabilities, including before, during and after elections; (c) Provide reasonable accommodation to individual persons with disabilities and support measures based on the individual requirements of persons with disabilities to participate in political and public life; (d) Support and engage with representative organizations of persons with disabilities in political participation process at the national, regional and international levels, including by consulting with such organizations in matters that concern persons with disabilities directly; (e) Create information systems and legislation that allow for the continuous political participation of persons with disabilities, including between elections.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","O. Article 29 on participation in political and public life"]},{"id":"crpd-c-gc-6-0071","docId":"crpd-c-gc-6","idx":71,"n":71,"text":"71. Data collection and analysis are essential measures to monitor anti-discrimination policies and laws. States parties should collect and analyse data, which must be disaggregated on the basis of disability and of intersectional categories. Data collected should provide information on all forms of discrimination. The data collected should be broad and cover statistics, narratives and other forms of data, such as indicators to assess the implementation and monitor the progress and effectiveness of new or ongoing initiatives and policies. Disability-inclusive indicators must be developed and used in a manner consistent with the 2030 Agenda for Sustainable Development. The design, collection and analysis of data should be participatory, i.e., undertaken in close and meaningful consultation with representative organizations of persons with disabilities, including children. People living in closed places, such as institutions or psychiatric hospitals, are often overlooked by research and studies collecting data, and should be systematically included in such studies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","P. Article 31 on statistics and data collection"]},{"id":"crpd-c-gc-6-0072","docId":"crpd-c-gc-6","idx":72,"n":72,"text":"72. All international cooperation efforts, including the 2030 Sustainable Development Agenda, must be inclusive of and accessible to persons with disabilities and be guided by the Convention. States parties must develop monitoring frameworks with human rights indicators, and specific benchmarks and targets for each indicator, consistent with Goal 10 of the Sustainable Development Goals. All international cooperation must aim to advance non-discrimination legislation and policies that seek full inclusion in line with the Convention and the 2030 Sustainable Development Agenda and other related international human rights frameworks.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","Q. Article 32 on international cooperation"]},{"id":"crpd-c-gc-6-0073","docId":"crpd-c-gc-6","idx":73,"n":73,"text":"In the light of the normative content and obligations outlined above, States parties should take the following steps to ensure the full implementation of article 5 of the Convention: (a) Carry out studies on harmonizing national legislation and practices with the Convention, repeal discriminatory laws and regulations that are inconsistent with the Convention and change or abolish customs and practices that are discriminatory against persons with disabilities; (b) Develop anti-discrimination laws where they do not exist and enact disability-inclusive anti-discrimination laws that have a broad personal and material scope and provide effective legal remedies. Such laws can only be effective if they are based on a definition of disability that includes those who have long-term physical, including psychosocial, intellectual or sensory impairments, and should include past, present, future and presumed disabilities, as well as persons associated with persons with disabilities. Persons victimized by disability-based discrimination seeking legal redress should not be burdened by proving that they are “disabled enough” in order to benefit from the protection of the law. Anti-discrimination law that is disability-inclusive seeks to outlaw and prevent a discriminatory act rather than target a defined protected group. In that regard, a broad impairment-related definition of disability is in line with the Convention; (c) Ensure that non-discrimination legislation extends to the private and public spheres, covers areas including education, employment, goods and services, and tackles disability-specific discrimination, such as segregated education, institutionalization, denial or restriction of legal capacity, forced mental health treatment, denial of the provision of sign language instructions and professional sign language interpretation, and denial of Braille or other alternative and augmentative modes, means and formats of communication; (d) Promote the full inclusion of mainstream employment and vocational training services, including those that promote entrepreneurship and support the establishment of cooperatives and other forms of social economy; (e) Ensure that the protection from discrimination for persons with disabilities has the same standard as for other social groups; (f) Develop and carry out knowledge and capacity-building programmes, including training within public authorities and the informal economy, to ensure compliance with the Convention. Awareness and capacity-building should be developed and implemented with the meaningful participation of persons with disabilities and organizations representing the diverse range of persons with disabilities, and are crucial components for establishing a culture of tolerance and diversity, which is the bedrock for anti-discrimination law and policy; (g) Monitor the number of discrimination claims on the basis of disability as a proportion of the total number of claims of discrimination, disaggregated by sex, age, barriers identified and the sector in which the alleged discrimination occurred, and provide information about cases that are settled out of court, in court and adjudicated, and the number of judgments that lead to compensation or sanctions; (h) Establish accessible and effective redress mechanisms and ensure access to justice, on an equal basis with others, for victims of discrimination based on disability. This encompasses access by all persons with disabilities to effective judicial and/or administrative procedures, including effective and accessible complaint mechanisms, and to appropriate and — where applicable and subject to statutory test of means and merits — affordable quality legal aid. States parties should intervene in an effective and timely manner in the event of actions or omissions of public and private actors that violate the right to equality and non-discrimination of individual persons with disabilities and groups of persons with disabilities, both in relation to civil and political rights as well as economic, social and cultural rights. The recognition of judicial remedies of a collective nature or class actions can significantly contribute to effectively guaranteeing access to justice in situations that affect groups of persons with disabilities; (i) Include in national anti-discrimination law the protection of individuals from adverse treatment or adverse consequences as a reaction to complaints or to proceedings aimed at enforcing compliance with equality provisions. Anti-discrimination legislation should also ensure that victims of discrimination are not unduly inhibited in obtaining redress or re-victimized. In particular, procedural rules should shift the burden of proof in civil procedures from the claimant to the respondent in cases where there are facts from which it may be presumed that there has been discrimination; (j) Develop in close consultation with organizations of persons with disabilities, national human rights institutions and other relevant stakeholders, such as equality bodies, an equality policy and strategy that is inclusive and accessible to all persons with disabilities; (k) Increase knowledge in all parts of society, including among State officials of all branches of government and within the private sector, about the scope, content and practical consequences of the rights to non-discrimination and equality of all persons with disabilities; (l) Adopt appropriate measures to monitor inclusive equality regularly and comprehensively. This includes collecting and analysing disaggregated data on the situation of persons with disabilities; (m) Ensure that national monitoring mechanisms under article 33 of the Convention are independent, involve representative organizations of persons with disabilities effectively and are adequately resourced to address discrimination against persons with disabilities; (n) Provide specific protections against and exercise due diligence to prevent and redress incidents of violence, exploitation and abuse and violations of bodily integrity experienced uniquely or disproportionately by persons with disabilities; (o) Adopt specific measures with a view to achieving inclusive equality, in particular for persons with disabilities who experience intersectional discrimination, such as women, girls, children, older persons, and indigenous persons with disabilities; (p) States parties that receive a high number of asylum seekers, refugees or migrants should put in place formal, legally defined procedures to ensure accessibility for persons with disabilities, including women and children with disabilities and persons with psychosocial and intellectual disabilities, in reception facilities and other settings. States parties must ensure that psychosocial and legal counselling, support and rehabilitation is provided for persons with disabilities and that protection services are disability-, age- and gender-sensitive and culturally appropriate.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VIII. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"33","source":"regex"}]},{"id":"crpd-c-gc-7-0001","docId":"crpd-c-gc-7","idx":1,"n":1,"text":"Persons with disabilities were fully involved and played a decisive role in the negotiation, development and drafting of the Convention on the Rights of Persons with Disabilities. The close consultation and active involvement of persons with disabilities, through organizations of persons with disabilities and their partners, had a positive impact on the quality of the Convention and its relevance for such persons. It also showed the force, influence and potential of persons with disabilities, which resulted in a groundbreaking human rights treaty and established the human rights model of disability. The effective and meaningful participation of persons with disabilities, through their representative organizations, is thus at the heart of the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0002","docId":"crpd-c-gc-7","idx":2,"n":2,"text":"The active and informed participation of everyone in decisions that affect their lives and rights is consistent with the human rights-based approach in public decision-making processes,[[fn:1]] and ensures good governance and social accountability.[[fn:2]]","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":1,"text":"Office of the United Nations High Commissioner for Human Rights, Principles and Guidelines for a Human Rights Approach to Poverty Reduction Strategies, para. 64."},{"n":2,"text":"A/HRC/31/62, para. 13."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0003","docId":"crpd-c-gc-7","idx":3,"n":3,"text":"The principle of participation in public life is well established in article 21 of the Universal Declaration of Human Rights and reaffirmed in article 25 of the International Covenant on Civil and Political Rights. Participation, as a principle and a human right, is also recognized in other human rights instruments, such as under article 5 (c) of the International Convention on the Elimination of All Forms of Racial Discrimination, article 7 of the Convention on the Elimination of All Forms of Discrimination against Women, and articles 12 and 23 (1) of the Convention on the Rights of the Child. The Convention on the Rights of Persons with Disabilities recognizes participation as both a general obligation and a cross-cutting issue. In fact, it enshrines the obligation of States parties to closely consult and actively involve persons with disabilities (art. 4 (3)) and the participation of persons with disabilities in the monitoring process (art. 33 (3)) as part of a wider concept of participation in public life.[[fn:3]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":3,"text":"Ibid., para. 14."}],"section":["I. Introduction"],"citedArticles":[{"article":"21","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 21 to the Universal Declaration of Human Rights, a non-binding instrument."},{"article":"25","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 25 of the International Covenant on Civil and Political Rights'."},{"article":"5","paragraph":"c","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5 (c) of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"7","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 7 of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"12","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'articles 12 and 23 (1) of the Convention on the Rights of the Child'."},{"article":"23","paragraph":"1","treaty":"CRC","confidence":"high","source":"opus","rationale":"Same enumeration: 'articles 12 and 23 (1) of the Convention on the Rights of the Child'."},{"article":"4","paragraph":"3","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly cites 'art. 4 (3)' of CRPD on consulting persons with disabilities, in a CRPD GC."},{"article":"33","paragraph":"3","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly cites 'art. 33 (3)' of CRPD on participation of persons with disabilities in monitoring."}]},{"id":"crpd-c-gc-7-0004","docId":"crpd-c-gc-7","idx":4,"n":4,"text":"Often, persons with disabilities are not consulted in the decision-making about matters relating to or affecting their lives, with decisions continuing to be made on their behalf. Consultation with persons with disabilities has been acknowledged as important in the last few decades, thanks to the emergence of movements of persons with disabilities demanding recognition of their human rights and their role in determining those rights. The motto “nothing about us without us” resonates with the philosophy and history of the disability rights movement, which relies on the principle of meaningful participation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0005","docId":"crpd-c-gc-7","idx":5,"n":5,"text":"5. Persons with disabilities still face significant attitudinal, physical, legal, economic, social and communication barriers to participate in public life. Before the entry into force of the Convention, the views of persons with disabilities were dismissed in favour of those of third-party representatives, such as organizations “for” persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0006","docId":"crpd-c-gc-7","idx":6,"n":6,"text":"6. The participatory processes and the involvement of persons with disabilities, through their representative organizations, in the negotiation and drafting of the Convention proved to be an excellent example of the principle of full and effective participation, individual autonomy and the freedom to make one’s own decisions. As a result, international human rights law now recognizes unequivocally persons with disabilities as “subjects” of all human rights and fundamental freedoms.[[fn:4]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":4,"text":"Ibid., paras. 16–17."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0007","docId":"crpd-c-gc-7","idx":7,"n":7,"text":"7. Based on its jurisprudence, the Committee aims to clarify States parties’ obligations under articles 4 (3) and 33 (3) and their implementation in this general comment. The Committee notes the progress made by States parties to implement the provisions under articles 4 (3) and 33 (3) over the past decade, such as granting financial or other assistance to organizations of persons with disabilities, including persons with disabilities in independent monitoring frameworks established pursuant to article 33 (2) of the Convention, and in monitoring processes. Moreover, some States parties have consulted with organizations of persons with disabilities in the preparation of their initial and periodic reports to the Committee in accordance with articles 4 (3) and 35 (4).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"35","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-7-0008","docId":"crpd-c-gc-7","idx":8,"n":8,"text":"8. The Committee, however, continues to observe an important gap between the goals and the spirit of articles 4 (3) and 33 (3) and the degree to which they have been implemented. This is due, among other things, to the absence of meaningful consultation with and involvement of persons with disabilities, through their representative organizations, in the development and implementation of policies and programmes.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0009","docId":"crpd-c-gc-7","idx":9,"n":9,"text":"9. States parties should acknowledge the positive impact on decision-making processes and the necessity of involving and ensuring the participation of persons with disabilities, through their representative organizations, in such processes, notably because of their lived experiences and knowledge of the rights to be implemented. States parties should also consider the general principles of the Convention in all measures taken for its implementation and monitoring, and in advancing the 2030 Agenda for Sustainable Development and its goals.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0010","docId":"crpd-c-gc-7","idx":10,"n":10,"text":"10. The involvement and participation of persons with disabilities through “representative organizations”, or organizations of persons with disabilities, is inherent in both articles 4 (3) and 33 (3). For proper implementation, it is important for States parties and the relevant stakeholders to define the scope of organizations of persons with disabilities and recognize the different types that often exist.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","A. Definition of “representative organizations”"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0011","docId":"crpd-c-gc-7","idx":11,"n":11,"text":"The Committee considers that organizations of persons with disabilities should be rooted, committed to and fully respect the principles and rights recognized in the Convention. They can only be those that are led, directed and governed by persons with disabilities. A clear majority of their membership should be recruited among persons with disabilities themselves.[[fn:5]] Organizations of women with disabilities, children with disabilities and persons living with HIV/AIDS are organizations of persons with disabilities under the Convention. Organizations of persons with disabilities have certain characteristic aspects, including the fact that: (a) They are established predominantly with the aim of collectively acting, expressing, promoting, pursuing and/or defending the rights of persons with disabilities and should be generally recognized as such; (b) They employ, are represented by, entrust or specifically nominate/appoint persons with disabilities themselves; (c) They are not affiliated, in the majority of cases, to any political party and are independent from public authorities and any other non-governmental organizations of which they might be part/members of; (d) They may represent one or more constituencies based on actual or perceived impairment or can be open to membership of all persons with disabilities; (e) They represent groups of persons with disabilities reflecting the diversity of their backgrounds (in terms of, for example, sex, gender, race, age, or migrant or refugee status). They can include constituencies based on transversal identities (for example, children, women or indigenous people with disabilities) and comprise members with various impairments; (f) They can be local, national, regional or international in scope; (g) They can operate as individual organizations, coalitions or cross-disability or umbrella organizations of persons with disabilities, seeking to provide a collaborative and coordinated voice for persons with disabilities in their interactions with, among others, public authorities, international organizations and private entities.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":5,"text":"CRPD/C/11/2, annex II, para. 3."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","A. Definition of “representative organizations”"]},{"id":"crpd-c-gc-7-0012","docId":"crpd-c-gc-7","idx":12,"n":12,"text":"Among the different types of organizations of persons with disabilities that the Committee has identified are: (a) Umbrella organizations of persons with disabilities, which are coalitions of representative organizations of persons with disabilities. Ideally, there should be only one or two umbrella organizations at each level of decision-making. To be open, democratic and represent the full and wide diversity of persons with disabilities, they should accept all organizations of persons with disabilities as members. They should be organized, led and controlled by persons with disabilities. They only speak on behalf of their member organizations and solely on matters that are of mutual interest and collectively decided upon. However, they cannot represent individual persons with disabilities because they often lack detailed knowledge of personal backgrounds. Individual organizations of persons with disabilities representing specific communities are in a better position to play such a role. However, persons with disabilities should be able to decide for themselves which organizations they want to represent them. The existence of umbrella organizations within States parties should not, under any circumstances, hinder individuals or organizations of persons with disabilities from participating in consultations or other forms of promoting the interests of persons with disabilities; (b) Cross-disability organizations, which are composed of persons representing all or some of the wide diversity of impairments. They most frequently organize at the local and/or national levels, but can also exist at the regional and international levels; (c) Self-advocacy organizations representing persons with disabilities in different, often loosely and/or locally formed, networks and platforms. They advocate for the rights of persons with disabilities, especially persons with intellectual disabilities. Their establishment, with appropriate, sometimes extensive, support to enable their members to express their opinions, is of fundamental importance to political participation and participation in decision-making, monitoring and implementation processes. This is particularly relevant for persons who are prevented from exercising their legal capacity, institutionalized and/or denied the right to vote. In many countries, self-advocacy organizations are discriminated against through the refusal of a legal status because of laws and regulations that deny the legal capacity of their members; (d) Organizations including family members and/or relatives of persons with disabilities, which are pivotal in facilitating, promoting and securing the interests and supporting the autonomy and active participation of their relatives with intellectual disabilities, dementia and/or children with disabilities, when these groups of persons with disabilities want to be supported by their families as united networks or organizations. In such cases, these organizations should be included in consultation, decision-making and monitoring processes. The role of parents, relatives and caregivers in such organizations should be to assist and empower persons with disabilities to have a voice and take full control of their own lives. Such organizations should actively work to promote and use supported decision-making processes to ensure and respect the right of persons with disabilities to be consulted and to express their own views; (e) Organizations of women and girls with disabilities, which represent women and girls with disabilities as a heterogeneous group. The diversity of women and girls with disabilities should include all types of impairments.[[fn:6]] Ensuring the participation of women and girls with disabilities is indispensable in consultations addressing specific issues that exclusively or disproportionately affect women and girls with disabilities, and issues related to women and girls in general, such as gender equality policies; (f) Organizations and initiatives of children and young persons with disabilities, which are fundamental for the participation of children in public and community life and for their right to be heard and their freedom of expression and association. Adults have a key and supportive role to play in promoting an environment that enables children and young persons with disabilities to establish and act, formally or informally, within their own organizations and initiatives, including through cooperation with adults and other children and young persons.","labels":["Women/girls","Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":6,"text":"General comment No. 3 (2016) on women and girls with disabilities, para. 5."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","A. Definition of “representative organizations”"]},{"id":"crpd-c-gc-7-0013","docId":"crpd-c-gc-7","idx":13,"n":13,"text":"13. Organizations of persons with disabilities should be distinguished from organizations “for” persons with disabilities, which provide services and/or advocate on behalf of persons with disabilities, which, in practice, may result in a conflict of interests in which such organizations prioritize their purpose as private entities over the rights of persons with disabilities. States parties should give particular importance to the views of persons with disabilities, through their representative organizations, support the capacity and empowerment of such organizations and ensure that priority is given to ascertaining their views in decision-making processes.[[fn:7]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":7,"text":"A/HRC/31/62, para. 38; and A/71/314, para. 64."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","B. Distinction between organizations of persons with disabilities and other civil society organizations"]},{"id":"crpd-c-gc-7-0014","docId":"crpd-c-gc-7","idx":14,"n":14,"text":"14. A distinction should also be made between organizations of persons with disabilities and civil society organizations. The term “civil society organization” comprises different kinds of organizations, including research organizations/institutes, organizations of service providers and other private stakeholders. Organizations of persons with disabilities are a specific type of civil society organization. They may be part of a mainstream umbrella civil society organization and/or coalitions that do not necessarily advocate specifically for the rights of persons with disabilities, but can support in mainstreaming their rights in the human rights agenda. In accordance with article 33 (3), all civil society organizations, including organizations of persons with disabilities, have a role to play in monitoring the Convention. States parties should give priority to the views of organizations of persons with disabilities when addressing issues related to persons with disabilities, and develop frameworks to request civil society organizations and other stakeholders to consult and involve organizations of persons with disabilities in their work related to the rights enshrined in the Convention and other topics, such as non-discrimination, peace and environmental rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","B. Distinction between organizations of persons with disabilities and other civil society organizations"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0015","docId":"crpd-c-gc-7","idx":15,"n":15,"text":"15. To implement their obligations under article 4 (3), States parties should include the obligation to closely consult and actively involve persons with disabilities, through their own organizations, in legal and regulatory frameworks and procedures across all levels and branches of Government. States parties should also consider consultations with and the involvement of persons with disabilities as a mandatory step prior to the approval of laws, regulations and policies, whether mainstream or disability specific. Therefore, consultations should begin in the early stages and provide an input to the final product in all decision-making processes. Consultations should include organizations representing the wide diversity of persons with disabilities, at the local, national, regional and international levels.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0016","docId":"crpd-c-gc-7","idx":16,"n":16,"text":"16. All persons with disabilities, without any form of exclusion based on the type of impairment, such as persons with psychosocial or intellectual disabilities, can effectively and fully participate without discrimination on an equal basis with others.[[fn:8]] The right to participate in consultations, through their representative organizations, should be recognized on an equal basis for all persons with disabilities, irrespective of, for example, their sexual orientation and gender identity. States parties should adopt a comprehensive anti-discrimination framework to ensure the rights and fundamental freedoms of all persons with disabilities, and withdraw legislation criminalizing individuals or organizations of persons with disabilities on grounds of sex, gender or the social status of its members and denying them their rights to participate in public and political life.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":8,"text":"A/HRC/19/36, paras. 15–17."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)"]},{"id":"crpd-c-gc-7-0017","docId":"crpd-c-gc-7","idx":17,"n":17,"text":"17. The legal obligation of States parties to ensure consultations with organizations of persons with disabilities encompasses access to public decision-making spaces and also other areas of research, universal design, partnerships, delegated power and citizen control.[[fn:9]] Furthermore, it is an obligation that includes global and/or regional organizations of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":9,"text":"A/HRC/31/62, para. 63; and A/HRC/34/58, para. 63."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)"]},{"id":"crpd-c-gc-7-0018","docId":"crpd-c-gc-7","idx":18,"n":18,"text":"18. The phrase “concerning issues relating to persons with disabilities”, as referred to in article 4 (3), covers the full range of legislative, administrative and other measures that may directly or indirectly impact the rights of persons with disabilities. The broad interpretation of issues relating to persons with disabilities allows States parties to mainstream disability through inclusive policies, ensuring that persons with disabilities are considered on an equal basis with others. It also ensures that the knowledge and life experiences of persons with disabilities are considered when deciding upon new legislative, administrative and other measures. This includes decision-making processes, such as general laws and the public budget or disability-specific laws, which might have an impact on their lives.[[fn:10]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":10,"text":"A/HRC/31/62, para. 64."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","1. Issues relating to persons with disabilities"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0019","docId":"crpd-c-gc-7","idx":19,"n":19,"text":"19. Consultations under article 4 (3) prevent States parties from engaging in any act or practice that may be inconsistent with the Convention and the rights of persons with disabilities. In cases of dispute about the direct or indirect impact of the measures under discussion, it falls to the public authorities of the States parties to prove that the issue under discussion would not have a disproportionate effect on persons with disabilities and, therefore, that no consultation is required.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","1. Issues relating to persons with disabilities"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0020","docId":"crpd-c-gc-7","idx":20,"n":20,"text":"20. Examples of issues directly affecting persons with disabilities are deinstitutionalization, social insurance and disability pensions, personal assistance, accessibility requirements and reasonable accommodation policies. Measures indirectly affecting persons with disabilities might concern constitutional law, electoral rights, access to justice, the appointment of the administrative authorities governing disability-specific policies or public policies in the field of education, health, work and employment.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","1. Issues relating to persons with disabilities"]},{"id":"crpd-c-gc-7-0021","docId":"crpd-c-gc-7","idx":21,"n":21,"text":"21. To “closely consult with and actively involve” persons with disabilities through their representative organizations is an obligation under international human rights law that requires the recognition of every person’s legal capacity to take part in decision-making processes based on their personal autonomy and self-determination. Consultation and involvement in decision-making processes to implement the Convention, and in other decision-making processes, should involve all persons with disabilities and, when necessary, supported decision-making regimes.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","2.“Closely consult with and actively involve”"]},{"id":"crpd-c-gc-7-0022","docId":"crpd-c-gc-7","idx":22,"n":22,"text":"22. States parties should systematically and openly approach, consult and involve, in a meaningful and timely manner, organizations of persons with disabilities. This requires access to all relevant information, including the websites of public bodies, through accessible digital formats and reasonable accommodation when required, such as the provision of sign language interpreters, Easy Read text and plain language, Braille and tactile communication. Open consultations provide persons with disabilities with access to all the spaces of public decision-making, on an equal basis with others, including national funds and all the relevant public decision-making bodies relevant to the implementation and monitoring of the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","2.“Closely consult with and actively involve”"]},{"id":"crpd-c-gc-7-0023","docId":"crpd-c-gc-7","idx":23,"n":23,"text":"23. Public authorities should give due consideration and priority to the opinions and views of organizations of persons with disabilities when addressing issues directly related to persons with disabilities. Public authorities leading decision-making processes have a duty to inform organizations of persons with disabilities of the outcomes of such processes, including an explicit explanation in an understandable format of the findings, considerations and reasoning of decisions on how their views were considered and why.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","2.“Closely consult with and actively involve”"]},{"id":"crpd-c-gc-7-0024","docId":"crpd-c-gc-7","idx":24,"n":24,"text":"24. Article 4 (3) also acknowledges the importance of systematically “including children with disabilities” in the development and implementation of legislation and policies to give effect to the Convention, and in other decision-making processes, through organizations of children with disabilities or supporting children with disabilities. These organizations are key in facilitating, promoting and securing the individual autonomy and active participation of children with disabilities. States parties should create an enabling environment for the establishment and functioning of representative organizations of children with disabilities as part of their obligation to uphold the right to freedom of association, including appropriate resources for support.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","3. Including children with disabilities"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0025","docId":"crpd-c-gc-7","idx":25,"n":25,"text":"25. States parties should adopt legislation, regulations and develop programmes to ensure that everyone understands and respects the will and preferences of children and considers their personal evolving capacities at all times. The recognition and promotion of the right to individual autonomy is of paramount importance for all persons with disabilities, including children, to be respected as rights holders.[[fn:11]] Children with disabilities are themselves best placed to express their own requirements and experiences, which are necessary in developing appropriate legislation and programmes in accordance with the Convention.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":11,"text":"Article 7 (3) of the Convention. See Committee on the Rights of the Child, general comment No. 12 (2009) on the right of the child to be heard, para. 134."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","3. Including children with disabilities"]},{"id":"crpd-c-gc-7-0026","docId":"crpd-c-gc-7","idx":26,"n":26,"text":"26. States parties can organize seminars/meetings in which children with disabilities are invited to express their opinions. They could also make open invitations to children with disabilities to submit essays on specific topics, encouraging them to elaborate on their first-hand experiences or life expectations. The essays could be summarized as inputs from the children themselves and directly included in decision-making processes.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","3. Including children with disabilities"]},{"id":"crpd-c-gc-7-0027","docId":"crpd-c-gc-7","idx":27,"n":27,"text":"27. “Full and effective participation” (art. 3 (c)) in society refers to engaging with all persons, including persons with disabilities, to provide for a sense of belonging to and being part of society. This includes being encouraged and receiving appropriate support, including peer support and support to participate in society, and being free from stigma and feeling safe and respected when expressing oneself in public. Full and effective participation requires that States parties facilitate participation and consult with persons with disabilities representing the wide diversity in impairments.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0028","docId":"crpd-c-gc-7","idx":28,"n":28,"text":"28. The right to participate is a civil and political right and an obligation of immediate application, not subject to any form of budgetary restriction, to be applied to decision-making, implementation and monitoring processes related to the Convention. By guaranteeing the participation of organizations of persons with disabilities at each of these stages, persons with disabilities would be able to better identify and point out measures that could either advance or hinder their rights, which ultimately yields better outcomes for such decision-making processes. Full and effective participation should be understood as a process, not as an individual one-time event.[[fn:12]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":12,"text":"General comment No. 12, para. 133."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"]},{"id":"crpd-c-gc-7-0029","docId":"crpd-c-gc-7","idx":29,"n":29,"text":"29. The participation of persons with disabilities in implementing and monitoring the Convention is possible when such persons can exercise their rights to freedom of expression, peaceful assembly and association as enshrined in articles 19, 21 and 22 of the International Covenant on Civil and Political Rights. Persons with disabilities and their representative organizations engaging in public decision-making processes to implement and monitor the Convention should be recognized in their role as human rights defenders,[[fn:13]] and be protected against intimidation, harassment and reprisals, particularly when expressing dissenting opinions.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":13,"text":"See General Assembly resolution 53/144, annex."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"22","source":"regex"}]},{"id":"crpd-c-gc-7-0030","docId":"crpd-c-gc-7","idx":30,"n":30,"text":"30. The right to participate also encompasses obligations related to the right to due process and the right to be heard. States parties that closely consult with and actively involve organizations of persons with disabilities in public decision-making also give effect to the right of persons with disabilities to full and effective participation in public and political life, including the right to vote and stand for elections (article 29 of the Convention).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-7-0031","docId":"crpd-c-gc-7","idx":31,"n":31,"text":"31. Full and effective participation entails the inclusion of persons with disabilities in different decision-making bodies, both at local, regional, national and international levels, and in national human rights institutions, ad hoc committees, councils and regional or municipality organizations. States parties should recognize in their legislation and practice that all persons with disabilities can be nominated or elected to any representative bodies: for example, ensuring the nomination of persons with disabilities to disability councils at the municipal level, or as specific disability-rights office-holders in the composition of national human rights institutions.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"]},{"id":"crpd-c-gc-7-0032","docId":"crpd-c-gc-7","idx":32,"n":32,"text":"32. States parties should strengthen the participation of organizations of persons with disabilities at the international level, for instance at the high-level political forum on sustainable development, and regional and universal human rights mechanisms. The participation of persons with disabilities, through their representative organizations, will thus result in greater effectiveness and equal use of public resources, leading to improved outcomes for such persons and their communities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"]},{"id":"crpd-c-gc-7-0033","docId":"crpd-c-gc-7","idx":33,"n":33,"text":"33. Full and effective participation can also be a transformative tool for social change, and promote agency and empowerment of individuals. The involvement of organizations of persons with disabilities in all forms of decision-making strengthens the ability of such persons to advocate and negotiate, and empowers them to more solidly express their views, realize their aspirations and reinforce their united and diverse voices. States parties should ensure the full and effective participation of persons with disabilities, through their representative organizations, as a measure to achieve their inclusion in society and combat discrimination against them. States parties that ensure full and effective participation and engage with organizations of persons with disabilities improve transparency and accountability, making them responsive to the requirements of such persons.[[fn:14]]","labels":["Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":14,"text":"A/HRC/31/62, paras. 1–3."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"]},{"id":"crpd-c-gc-7-0034","docId":"crpd-c-gc-7","idx":34,"n":34,"text":"34. Article 33 of the Convention establishes national implementation mechanisms and independent monitoring frameworks and provides for the participation of organizations of persons with disabilities therein. Article 33 should be read and understood as supplementing article 4 (3).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","source":"regex"},{"treaty":"CRPD","article":"33","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0035","docId":"crpd-c-gc-7","idx":35,"n":35,"text":"35. Article 33 (1) requires States parties to establish one or more focal points and/or coordinating mechanisms to secure implementation of the Convention and facilitate related action. The Committee recommends that States parties’ focal points, and/or coordinating mechanisms, include the representatives of organizations of persons with disabilities, and formal procedures of engagement and liaison with such organizations, in consultation processes related to the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-7-0036","docId":"crpd-c-gc-7","idx":36,"n":36,"text":"36. In accordance with article 33 (2), the Committee has recognized the importance of establishing, maintaining and promoting independent monitoring frameworks, including national human rights institutions, at all stages of the monitoring process.[[fn:15]] Such institutions play a key role in the monitoring process of the Convention, in promoting compliance at the national level and in facilitating the coordinated actions of national actors, including State institutions and civil society, to protect and promote human rights.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":15,"text":"CRPD/C/GBR/CO/1, paras. 7 and 37; CRPD/C/BIH/CO/1, para. 58; CRPD/C/ARE/CO/1, para. 61; and CRPD/C/SRB/CO/1, para. 67."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-7-0037","docId":"crpd-c-gc-7","idx":37,"n":37,"text":"37. Article 33 (3) emphasizes the obligation of States parties to ensure that civil society is involved and can participate in the independent monitoring framework established according to the Convention. The involvement of civil society should include persons with disabilities, through their representative organizations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0038","docId":"crpd-c-gc-7","idx":38,"n":38,"text":"38. States parties should ensure that independent monitoring frameworks allow for, facilitate and ensure the active involvement of organizations of persons with disabilities in such frameworks and processes, through formal mechanisms, ensuring that their voices are heard and recognized in its reports and the analysis undertaken. The inclusion of organizations of persons with disabilities in the independent monitoring framework and the work thereof can take several forms, for example, through seats on the board of or advisory bodies to the independent monitoring frameworks.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"]},{"id":"crpd-c-gc-7-0039","docId":"crpd-c-gc-7","idx":39,"n":39,"text":"39. Article 33 (3) implies that States parties should support and fund the strengthening of capacity within civil society, in particular organizations of persons with disabilities, to ensure their effective participation in the processes of the independent monitoring frameworks. Organizations of persons with disabilities should have appropriate resources, including support through independent and self-managed funding, to take part in the independent monitoring frameworks and ensure that reasonable accommodation and accessibility requirements for its membership are met. The support and funding of organizations of persons with disabilities in relation to article 33 (3) complement States parties’ obligations under article 4 (3) of the Convention and do not preclude them.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0040","docId":"crpd-c-gc-7","idx":40,"n":40,"text":"40. Both the Convention and the related strategies for implementation should be translated and made accessible and available to persons representing the wide diversity of impairments. States parties should provide persons with disabilities with access to information that allows them to understand and evaluate the issues in the decision-making process and provide meaningful inputs.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"]},{"id":"crpd-c-gc-7-0041","docId":"crpd-c-gc-7","idx":41,"n":41,"text":"41. To implement article 33 (3), States parties should ensure that organizations of persons with disabilities have easy access to the focal points within Government and/or the coordination mechanism.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0042","docId":"crpd-c-gc-7","idx":42,"n":42,"text":"42. In its concluding observations, the Committee has reminded States parties of their duty to closely and timely consult with, and actively involve, persons with disabilities, through their representative organizations, including those representing women and children with disabilities, in the development and implementation of legislation and policies to implement the Convention and in other decision-making processes.","labels":["Women/girls","Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0043","docId":"crpd-c-gc-7","idx":43,"n":43,"text":"43. States parties have an obligation to ensure the transparency of consultation processes, the provision of appropriate and accessible information and early and continuous involvement. States parties should not withhold information, condition or prevent organizations of persons with disabilities from freely expressing their opinions in consultations and throughout decision-making processes. This includes both registered and unregistered organizations, in accordance with the right to freedom of association, which should be prescribed by law and protect associations that are not registered on an equal basis.[[fn:16]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":16,"text":"A/HRC/31/62, para. 45; and A/HRC/20/27, para. 56."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0044","docId":"crpd-c-gc-7","idx":44,"n":44,"text":"44. States parties should not require an organization of persons with disabilities to be registered as a prerequisite for taking part in broad consultation processes. They should, however, ensure that organizations of persons with disabilities are able to register and exercise their right to participate under articles 4 (3) and 33 (3), providing free and accessible registration systems and facilitating the registration of such organizations.[[fn:17]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":17,"text":"A/HRC/31/62, para. 40."}],"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0045","docId":"crpd-c-gc-7","idx":45,"n":45,"text":"45. States parties should ensure accessibility for persons with disabilities to all facilities and procedures related to public decision-making and consultation. States parties should take appropriate measures to provide persons with disabilities, including persons with autism, with access, on an equal basis with others, to the physical environment, including buildings, transportation, education, information and communications in one’s own language, including new information technologies and systems, and the websites of public bodies, and other facilities and services open or provided to the public, in both urban and rural settings. States parties should also ensure that consultation processes are accessible — for example, by providing sign language interpreters, Braille and Easy Read — and must provide support, funding and reasonable accommodation as appropriate and requested,[[fn:18]] to ensure the participation of representatives of all persons with disabilities in consultation processes, as defined in paras. 11, 12 and 50.","labels":["Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":18,"text":"General comment No. 6 (2018) on equality and non-discrimination, paras. 23 and 40."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0046","docId":"crpd-c-gc-7","idx":46,"n":46,"text":"46. Organizations of persons with sensory and intellectual impairments, including organizations of self-advocates and organizations of persons with psychosocial disabilities should be provided with meeting assistants and support persons, information in accessible formats (such as plain language, Easy Read, alternative and augmentative communication systems and pictograms), sign language interpretation, guide interpreters for deafblind persons and/or captioning during public debates.[[fn:19]] States parties should also allocate financial resources for covering expenditures related to the consultation processes for representatives of organizations of persons with disabilities, including transport and other expenses necessarily incurred to attend meetings and technical briefings.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":19,"text":"A/HRC/31/62, paras. 75–77."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0047","docId":"crpd-c-gc-7","idx":47,"n":47,"text":"47. Consultations with organizations of persons with disabilities should be based on transparency, mutual respect, meaningful dialogue and a sincere aim to reach a collective agreement on procedures that respond to the diversity of persons with disabilities. Such processes should allow for reasonable and realistic timelines taking into account the nature of the organizations of persons with disabilities, which often depend on the work of “volunteers”. States parties should undertake periodic evaluations of the functioning of their participation and consultation mechanisms, with the active involvement of organizations of persons with disabilities.[[fn:20]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":20,"text":"Ibid, paras. 78–80."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0048","docId":"crpd-c-gc-7","idx":48,"n":48,"text":"48. The views of persons with disabilities, through their representative organizations, should be given due weight. States parties should guarantee that they are not only heard as a mere formality or as a tokenistic approach to consultation.[[fn:21]] States parties should take into account the results of such consultations and reflect them in the decisions adopted,[[fn:22]] by duly informing participants of the outcome of the process.[[fn:23]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":21,"text":"Committee on the Rights of the Child, general comment No. 12, para. 132."},{"n":22,"text":"CRPD/C/COL/CO/1, para. 11 (a)."},{"n":23,"text":"Committee on the Rights of the Child, general comment No. 12, para. 45."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0049","docId":"crpd-c-gc-7","idx":49,"n":49,"text":"49. States parties should in close and effective consultation and with the active involvement of organizations of persons with disabilities establish proper and transparent mechanisms and procedures, at the different branches and levels of Government, to explicitly consider the views of such organizations when motivating a public decision.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0050","docId":"crpd-c-gc-7","idx":50,"n":50,"text":"50. States parties should ensure the close consultation and active involvement of organizations of persons with disabilities, which represent all persons with disabilities, including but not limited to women, older persons, children, those requiring high levels of support,[[fn:24]] victims of landmines, migrants, refugees, asylum seekers, internally displaced persons, undocumented and stateless persons, persons with actual or perceived psychosocial impairments, persons with intellectual disabilities, neurodiverse persons, including those with autism or dementia, persons with albinism, permanent physical impairments, chronic pain, leprosy and visual impairments and persons who are deaf, deafblind or otherwise hearing-impaired and/or those living with HIV/AIDS. The obligation of States parties to involve organizations of persons with disabilities also encompasses those persons with disabilities with a specific sexual orientation and/or gender identity, intersex persons with disabilities, and persons with disabilities belonging to indigenous peoples, national, ethnic, religious or linguistic minorities, and those living in rural areas.","labels":["Refugees & asylum-seekers","Indigenous peoples","Women/girls","Persons with disabilities","LGBTI+","Persons living in rural/remote areas","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":24,"text":"CRPD/C/ARM/CO/1, para. 6 (a)."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0051","docId":"crpd-c-gc-7","idx":51,"n":51,"text":"51. States parties should prohibit discriminatory and other practices by third parties, such as service providers, directly or indirectly interfering with the right of persons with disabilities to be closely consulted and actively involved in decision-making processes related to the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0052","docId":"crpd-c-gc-7","idx":52,"n":52,"text":"52. States parties should adopt and implement laws and policies to ensure that persons with disabilities can exercise their right to be consulted and not deterred from involvement by others. These measures include raising awareness among family members, service providers and public employees on the rights of persons with disabilities to participate in public and political life. States parties should put in place mechanisms to denounce the conflicts of interests of representatives of organizations of persons with disabilities or other stakeholders, to prevent their negative impacts on the autonomy, will and preferences of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0053","docId":"crpd-c-gc-7","idx":53,"n":53,"text":"53. To fulfil their obligations under article 4 (3), States parties should adopt legal and regulatory frameworks and procedures to ensure the full and equal involvement of persons with disabilities, through their representative organizations, in decision-making processes and the drafting of legislation and policies concerning issues related to persons with disabilities, including disability-related legislation, policies, strategies and action plans. States parties should adopt provisions granting organizations of persons with disabilities seats on, for example, standing committees and/or temporary task forces by giving them the right to nominate working members to these bodies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0054","docId":"crpd-c-gc-7","idx":54,"n":54,"text":"54. States parties should establish and regulate formal consultation procedures, including the planning of surveys, meetings and other methods, setting up proper time frames, early engagement of organizations of persons with disabilities, and prior, timely and broad dissemination of relevant information for each process. States parties should, in consultation with organizations of persons with disabilities, design accessible online tools for consultations and/or provide alternative methods of consultation in accessible digital formats. To ensure that no one is left behind in relation to consultation processes, States parties should appoint persons with the role of following up on attendance, noticing underrepresented groups, and ensuring that accessibility and reasonable accommodation requirements are met. Similarly, they should ensure that organizations of persons with disabilities representing all such groups are involved and consulted, including by providing information on reasonable accommodation and accessibility requirements.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0055","docId":"crpd-c-gc-7","idx":55,"n":55,"text":"55. States parties should include consultation and engagement with organizations of persons with disabilities when conducting preparatory studies and analysis for formulating policy. Public forums or processes for reviewing policy proposals should be fully accessible for persons with disabilities to participate.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0056","docId":"crpd-c-gc-7","idx":56,"n":56,"text":"56. States parties should ensure that the participation of organizations of persons with disabilities in monitoring processes, through independent monitoring frameworks, is based on clear procedures, proper time frames and previous dissemination of relevant information. Monitoring and evaluation systems should examine the level of engagement of organizations of persons with disabilities in all policies and programmes and ensure that the views of such persons are given priority. To fulfil their primary responsibility for service provision, States parties should explore partnerships with organizations of persons with disabilities to gain inputs from the users of services themselves.[[fn:25]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":25,"text":"A/71/314, paras. 65–66."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0057","docId":"crpd-c-gc-7","idx":57,"n":57,"text":"57. States parties should, preferably, encourage the establishment of a single, united and diverse representative coalition of organizations of persons with disabilities that is inclusive of all the disability constituencies and respectful of their diversity and parity, and ensure its involvement and participation in the monitoring of the Convention at the national level. Civil society organizations in general cannot represent or replicate organizations of persons with disabilities.[[fn:26]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":26,"text":"CRPD/C/ESP/CO/1, para. 6; and CRPD/C/NZL/CO/1, para. 4."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0058","docId":"crpd-c-gc-7","idx":58,"n":58,"text":"58. The promotion of advocacy by and empowerment of persons with disabilities are key components of their participation in public affairs; they call for the development of technical, administrative and communication skills, and the facilitation of access to information and tools concerning their rights, legislation and policymaking.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0059","docId":"crpd-c-gc-7","idx":59,"n":59,"text":"59. The barriers faced by persons with disabilities in accessing inclusive education compromise their opportunities and undermine their capacities to be involved in public decision-making, which, in turn, have an impact on the institutional capacities of their organizations. The barriers in accessing public transport, the lack of reasonable accommodation, and low or insufficient income and unemployment among persons with disabilities also restrict the capacity of such persons to engage in civil society activities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0060","docId":"crpd-c-gc-7","idx":60,"n":60,"text":"60. States parties should strengthen the capacity of organizations of persons with disabilities to participate in all phases of policymaking, by providing capacity-building and training on the human rights model of disability, including through independent funding. States parties should also support persons with disabilities and their representative organizations in the development of the competencies, knowledge and skills required to independently advocate for their full and effective participation in society, and in developing stronger democratic governance principles, such as respect for human rights, the rule of law, transparency, accountability, pluralism and participation. In addition, States parties should provide guidance on how to access funding and diversify their sources of support.[[fn:27]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":27,"text":"A/HRC/31/62, paras. 47–50."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0061","docId":"crpd-c-gc-7","idx":61,"n":61,"text":"States parties should ensure that organizations of persons with disabilities are able to register easily and freely, and seek and secure funds and resources from national and international donors, including private individuals, private companies, all public and private foundations, civil society organizations, and State, regional and international organizations.[[fn:28]] The Committee recommends that States parties adopt criteria to allocate funds for consultation, including by: (a) Providing funds directly to organizations of persons with disabilities, avoiding third-party intermediation; (b) Prioritizing resources to organizations of persons with disabilities that focus primarily on advocacy for disability rights; (c) Allocating specific funds for organizations of women with disabilities and of children with disabilities to enable their full and effective participation in the process of drafting, developing and implementing laws and policies and in the monitoring framework;[[fn:29]] (d) Distributing funds on an equal basis among different organizations of persons with disabilities, including sustainable core institutional funding, instead of being limited to project-based funding; (e) Ensuring the autonomy of organizations of persons with disabilities in deciding their advocacy agenda, despite the funding received; (f) Distinguishing between funding for the running of organizations of persons with disabilities and the projects carried out by such organizations; (g) Making funding available to all organizations of persons with disabilities, including for self-advocate organizations and/or those that have not gained a legal status due to laws that deny the legal capacity of their members and hinder the registration of their organizations; (h) Adopting and implementing application processes for funding in accessible formats.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":28,"text":"A/HRC/20/27, paras. 67–68."},{"n":29,"text":"CRPD/C/1/Rev.1, annex."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0062","docId":"crpd-c-gc-7","idx":62,"n":62,"text":"62. States parties should ensure that organizations of persons with disabilities have access to national funds to support their activities to avoid situations in which they have to rely only on external sources, which would limit their ability to establish viable organizational structures.[[fn:30]] Organizations of persons with disabilities that have support from public and private financial resources, supplemented by membership fees, are better able to secure the participation of persons with disabilities in all forms of political and administrative decision-making, provide them with support and create and run individual and different group-oriented social activities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":30,"text":"A/71/314, paras. 65–66."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0063","docId":"crpd-c-gc-7","idx":63,"n":63,"text":"63. States parties should guarantee appropriate and sufficient funding for organizations of persons with disabilities, through the establishment of a responsible legally recognized formal mechanism, for example trust funds at the national and international levels.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0064","docId":"crpd-c-gc-7","idx":64,"n":64,"text":"64. States parties should increase public resources for the establishment and strengthening of organizations of persons with disabilities that represent all kinds of impairments. They should also ensure their access to national funding, including through tax exemptions and freedom from inheritance taxes, and the national lottery.[[fn:31]] States parties should promote and facilitate the access of organizations of persons with disabilities to foreign funding as part of international cooperation and development aid, including at the regional level, on the same basis as other human rights non-governmental organizations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":31,"text":"A/59/401, para. 82 (l) and (t); and A/HRC/31/62, paras. 51–54."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0065","docId":"crpd-c-gc-7","idx":65,"n":65,"text":"65. States parties should develop strong mechanisms and procedures ensuring effective sanctions for non-compliance with the obligations under articles 4 (3) and 33 (3). Compliance should be monitored by independent bodies, for example the office of the ombudsperson or a parliamentary commission, which have the authority to initiate investigations and hold the responsible authorities to account. At the same time, organizations of persons with disabilities should be able to initiate legal actions against entities when they find that the latter have failed to comply with articles 4 (3) and 33 (3).[[fn:32]] Such mechanisms should be part of the legal frameworks governing the consultation and involvement of organizations of persons with disabilities, and national anti-discrimination legislation,[[fn:33]] at all levels of decision-making.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":32,"text":"A/71/314, paras. 68–69."},{"n":33,"text":"General comment No. 6, para. 72."}],"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0066","docId":"crpd-c-gc-7","idx":66,"n":66,"text":"66. States parties should recognize effective remedies, including of a collective nature, or class actions to enforce compliance with the right of persons with disabilities to participate. Public authorities can significantly contribute to effectively guaranteeing persons with disabilities’ access to justice in situations that negatively affect their rights.[[fn:34]] Effective remedies could include: (a) suspending the procedure; (b) returning to an earlier stage of the procedure to ensure the consultation and involvement of organizations of persons with disabilities; (c) delaying implementation of the decision until appropriate consultations take place; or (d) quashing, totally or partially, the decision, based on non-compliance with articles 4 (3) and 33 (3).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":34,"text":"Ibid., para. 73 (h)."}],"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0067","docId":"crpd-c-gc-7","idx":67,"n":67,"text":"67. Article 3 identifies a set of overarching principles that guide the interpretation and implementation of the Convention. It includes “full and effective participation and inclusion in society”, which means that the participation of persons with disabilities, through their representative organizations, cuts across the entire text and applies to the whole Convention.[[fn:35]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":35,"text":"Office of the United Nations Commissioner for Human Rights, Monitoring the Convention on the Rights of Persons with Disabilities: Guidance for Human Rights Monitors, Professional Training Series No. 17 (New York and Geneva, 2010)."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0068","docId":"crpd-c-gc-7","idx":68,"n":68,"text":"68. As part of the general obligations of States parties, article 4 (3) applies to the entire Convention and is significant in implementing all of its obligations.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0069","docId":"crpd-c-gc-7","idx":69,"n":69,"text":"69. Paragraphs 1, 2 and 5 of article 4 are of the utmost importance in implementing paragraph 3 of the same article, as they include the primary obligations of States parties, extending to all parts of federal States without any limitations or exceptions, related to establishing the necessary structures and frameworks and taking measures to comply with the Convention.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crpd-c-gc-7-0070","docId":"crpd-c-gc-7","idx":70,"n":70,"text":"70. Policies to promote the equality and non-discrimination of persons with disabilities, as stipulated in article 5, should be adopted and monitored in compliance with articles 4 (3) and 33 (3).[[fn:36]] The close consultation and active involvement of organizations of persons with disabilities, which represent the diversity of society, is a key component for success in adopting and monitoring legal frameworks and guidance material to promote de facto and inclusive equality, including affirmative action measures.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":36,"text":"See general comment No. 6."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0071","docId":"crpd-c-gc-7","idx":71,"n":71,"text":"71. Consultation procedures should not exclude persons with disabilities nor discriminate on grounds of impairment. Procedures and related materials should be inclusive of and accessible to persons with disabilities and include time frames and technical assistance for early involvement in consultation processes. Reasonable accommodation should always be provided in all dialogue and consultation processes, and reasonable accommodation legislation and policies must be developed in close consultation with and the active involvement of organizations of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0072","docId":"crpd-c-gc-7","idx":72,"n":72,"text":"72. Article 6 of the Convention requires measures to ensure the full development, advancement and empowerment of women and girls with disabilities. States parties should encourage and facilitate the establishment of organizations of women and girls with disabilities, as a mechanism for enabling their participation in public life, on an equal basis with men with disabilities, through their own organizations. States parties should recognize the right of women with disabilities to represent and organize themselves and facilitate their effective involvement in close consultations under articles 4 (3) and 33 (3). Women and girls with disabilities should also be included on an equal basis in all branches and bodies of the implementation and independent monitoring framework. All consultation bodies, mechanisms and procedures should be disability-specific, inclusive and ensure gender equality.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0073","docId":"crpd-c-gc-7","idx":73,"n":73,"text":"73. Women with disabilities should be part of the leadership of organizations of persons with disabilities on an equal basis with men with disabilities and be given space and power within umbrella organizations of persons with disabilities through parity representation, women’s committees, empowerment programmes, etc. States parties should ensure the participation of women with disabilities, including women who are under any form of guardianship or institutionalized, as a prerequisite in the design, implementation and monitoring of all measures that have an impact on their lives. Women with disabilities should be able to participate in decision-making processes addressing issues that have an exclusive or disproportionate impact on them, and on women’s rights and gender equality policies in general, for example, policies on sexual and reproductive health and rights, and all forms of gender-based violence against women.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0074","docId":"crpd-c-gc-7","idx":74,"n":74,"text":"74. Articles 4 (3) and 33 (3) are fundamental in the implementation of the rights of children with disabilities as stated in article 7. States parties should take steps to ensure the participation and the active involvement of children with disabilities, through their representative organizations, in all aspects of planning, implementation, monitoring and evaluation of relevant legislation, policies, services and programmes affecting their lives, at school and at the community, local, national and international levels. The goal of participation is empowerment for children with disabilities and recognition by duty bearers that they are rights holders who can play an active role in their communities and society. This takes place at various levels, beginning with the recognition of their right to be heard, moving towards their active engagement in the realization of their own rights.[[fn:37]]","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":37,"text":"United Nations Children’s Fund, “Conceptual framework for monitoring outcomes of adolescent participation” (March 2018). Available at www.unicef.org/adolescence/files/Conceptual_Framework_for_Measuring_Outcomes_of_Adolescent_Participation_March_2018.pdf."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"7","source":"regex"}]},{"id":"crpd-c-gc-7-0075","docId":"crpd-c-gc-7","idx":75,"n":75,"text":"75. States parties should provide children with disabilities with support in their decision-making, by, among other things, equipping them with, and enabling them to use, any mode of communication necessary to facilitate the expression of their views,[[fn:38]] including child-friendly information, and adequate support for self-advocacy, and ensure appropriate training for all professionals working with and for such children.[[fn:39]] States parties should also provide disability and age-appropriate assistance and procedures, and support for children with disabilities. The participation of their organizations should be considered as indispensable in consultations addressing specific issues that concern them, and their views should be given due weight in accordance with their age and maturity.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":38,"text":"Committee on the Rights of the Child, general comment No. 12, para. 21."},{"n":39,"text":"Ibid., para. 34."}],"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0076","docId":"crpd-c-gc-7","idx":76,"n":76,"text":"76. Article 4 (3) is of particular importance in raising awareness (art. 8). The Committee recalls its recommendations to States parties to implement, with the participation of organizations of persons with disabilities, systematic awareness-raising programmes, including media campaigns through public radio stations and television programmes, aimed at portraying persons with disabilities in all their diversity as rights holders.[[fn:40]] Awareness-raising campaigns and training programmes aimed at all public sector officials must be in conformity with the principles of the Convention, and based on the human rights model of disability to overcome entrenched gender and disability stereotypes in society.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":40,"text":"CRPD/C/MDA/CO/1, para. 19; CRPD/C/AZE/CO/1, para. 21; and CRPD/C/TUN/CO/1, para. 21."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"8","source":"regex"}]},{"id":"crpd-c-gc-7-0077","docId":"crpd-c-gc-7","idx":77,"n":77,"text":"77. For organizations of persons with disabilities to be able to properly participate in the consultation and monitoring processes of the Convention, it is essential to have optimal accessibility (art. 9) to the procedures, mechanisms, information and communication, facilities and buildings, including reasonable accommodation. States parties should develop, adopt and implement international accessibility standards and the universal design process, for example in the area of information and communications technology[[fn:41]] to ensure close consultation with and the active involvement of organizations of persons with disabilities.[[fn:42]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":41,"text":"General comment No. 2 (2014) on accessibility, paras. 5–7 and 30."},{"n":42,"text":"Ibid., paras. 16, 25 and 48."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-7-0078","docId":"crpd-c-gc-7","idx":78,"n":78,"text":"78. In situations of risk and humanitarian emergencies (art. 11), it is important for States parties and humanitarian actors to ensure the active participation of and coordination and meaningful consultation with organizations of persons with disabilities, including those at all levels representing women, men and children with disabilities of all ages. This requires the active involvement of organizations of persons with disabilities in the development, implementation and monitoring of emergency-related legislation and policies, and the establishment of priorities for aid distribution, in accordance with article 4 (3). States parties should promote the establishment of organizations of internally displaced persons or refugees with disabilities that are enabled to promote their rights in any situation of risk, including during armed conflicts.","labels":["Refugees & asylum-seekers","Children","Persons with disabilities","Internally displaced persons"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"11","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0079","docId":"crpd-c-gc-7","idx":79,"n":79,"text":"79. Equal recognition before the law (art. 12) ensures that all persons with disabilities have the right to exercise their full legal capacity and have equal rights to choose and control decisions affecting them. Equal recognition before the law is a prerequisite for direct and effective consultations and the involvement of persons with disabilities in the development and implementation of legislation and policies to implement the Convention. The Committee recommends that the lack of compliance with article 12 should, under no circumstances, preclude the inclusive implementation of articles 4 (3) and 33 (3). Laws and policies should be amended to address this barrier to participation based on denial of legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0080","docId":"crpd-c-gc-7","idx":80,"n":80,"text":"80. The Committee recalls its general comment No. 1 (2014) on equal recognition before the law, in which it states that legal capacity is the key to accessing full and effective participation in society and in decision-making processes and should be guaranteed to all persons with disabilities, including persons with intellectual disabilities, persons with autism and persons with actual or perceived psychosocial impairment, and children with disabilities, through their organizations. States parties should ensure the availability of supported decision-making arrangements to enable participation in policymaking and consultations that respect a person’s autonomy, will and preferences.","labels":["Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0081","docId":"crpd-c-gc-7","idx":81,"n":81,"text":"81. The right of persons with disabilities to have access to justice (art. 13) implies that persons with disabilities have the right to participate on an equal basis with others in the justice system as a whole. This participation takes many forms and includes persons with disabilities assuming the roles of, for example, claimants, victims, defendants, judges, jurors and lawyers, as part of the democratic system that contributes to good governance.[[fn:43]] Close consultation with persons with disabilities through their representative organizations is key in all processes to enact and/or amend laws, regulations, policies and programmes addressing the participation of such persons in the justice system.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":43,"text":"Beasley v. Australia (CRPD/C/15/D/11/2013), para. 8.9; and Lockrey v. Australia (CRPD/C/15/D/13/2013), para. 8.9."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"13","source":"regex"}]},{"id":"crpd-c-gc-7-0082","docId":"crpd-c-gc-7","idx":82,"n":82,"text":"82. To prevent all forms of exploitation, violence and abuse (art. 16), States parties should ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities. The Committee has observed that violations of the rights of persons with disabilities continue to occur in facilities that “serve” persons with disabilities, such as psychiatric and/or residential institutions. In accordance with article 33 (3), this means that regardless of whether the independent monitoring authority, which is assigned the task under article 16 (3), coincides with the independent monitoring framework under article 33 (2), civil society, including organizations of persons with disabilities, should be actively involved in monitoring those facilities and services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"16","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"16","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-7-0083","docId":"crpd-c-gc-7","idx":83,"n":83,"text":"83. Recalling its general comment No. 5 (2017) on living independently and being included in the community, consultations with and the active involvement of persons with disabilities, through their representative organizations, are critical for the adoption of all plans and strategies, and for follow-up and monitoring, when implementing the right to independent living and being included in the community (art. 19). The active involvement and consultation at all levels in the decision-making process should include all persons with disabilities. Persons with disabilities, including those who are currently living in institutional settings, should be involved in the planning, implementing and monitoring of deinstitutionalization strategies, and in the development of support services, with special regard to those people.[[fn:44]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":44,"text":"General comment No. 5 (2017) on living independently and being included in the community, para. 71."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-7-0084","docId":"crpd-c-gc-7","idx":84,"n":84,"text":"84. Access to information (art. 21) is necessary for organizations of persons with disabilities to be involved and to fully participate and freely express their opinions in the monitoring process. Such organizations need to receive the information in accessible formats, including digital formats, and technologies appropriate to all forms of disabilities, in a timely manner and without additional cost. This includes the use of sign languages, Easy Read, plain language and Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of choice by persons with disabilities in official interactions. Sufficiently prior to any consultation, all relevant information, including specific budgetary, statistical and other relevant information necessary for an informed opinion, should be made available.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"21","source":"regex"}]},{"id":"crpd-c-gc-7-0085","docId":"crpd-c-gc-7","idx":85,"n":85,"text":"85. To ensure the right to inclusive education (art. 24), in accordance with the Committee’s general comment No. 4 (2016) on the right to inclusive education, States parties should consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations, in all aspects of planning, implementation, monitoring and evaluation of inclusive education policies and legislation.[[fn:45]] Inclusive education is essential to the participation of persons with disabilities as described within articles 4 (3) and 33 (3). Education enables people to flourish and increases the likelihood of participation within society, which is needed to ensure the implementation and monitoring of the Convention. States parties should ensure that public and private education institutions consult with persons with disabilities and ensure that their opinions are given due consideration within the education system.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":45,"text":"General comment No. 4, para. 7."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0086","docId":"crpd-c-gc-7","idx":86,"n":86,"text":"86. The adoption of all policies regarding the right of persons with disabilities to work and employment (art. 27) should be taken in consultation with and the involvement of representative organizations of persons with disabilities. Policies should seek to guarantee access to employment; promote work in open, inclusive, non-discriminatory, accessible and competitive employment markets and environments; ensure equal opportunities and gender equality; and provide for reasonable accommodation and support for all persons with disabilities.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-7-0087","docId":"crpd-c-gc-7","idx":87,"n":87,"text":"87. The realization of the right to an adequate standard of living and social protection (art. 28) is directly interrelated with article 4 (3). The participation of organizations of persons with disabilities in public policies is crucial to ensure that specific situations of exclusion, inequality and poverty among persons with disabilities and their families living in poverty are addressed by the authorities of the States parties. States parties should, in particular, seek to engage with organizations of persons with disabilities and persons with disabilities who are unemployed, who do not have a fixed income or who cannot work because of the implied loss of entitlements or allowances, those in rural or remote areas, and indigenous peoples, women and older persons. When taking and reviewing measures, strategies, programmes, policies and legislation in relation to the implementation of article 28, and in the monitoring process thereof, States parties should closely consult and actively involve organizations of persons with disabilities representing all persons with disabilities to ensure the mainstreaming of disability and that their requirements and views are duly taken into consideration.","labels":["Indigenous peoples","Women/girls","Persons with disabilities","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"28","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-7-0088","docId":"crpd-c-gc-7","idx":88,"n":88,"text":"88. The right of persons with disabilities to participate in political and public life (art. 29) is of extreme importance in ensuring the equality of opportunity for persons with disabilities to fully and effectively participate and be included in society. The right to vote and be elected is an essential component of the right to participate, as elected representatives decide on the political agenda and are key in ensuring implementation and monitoring of the Convention, advocating for their rights and interests.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-7-0089","docId":"crpd-c-gc-7","idx":89,"n":89,"text":"89. States parties should pass regulations, in close consultation with organizations of persons with disabilities, to allow persons with disabilities requiring assistance to be able to cast their vote on their own. This may require making aids available for persons with disabilities in voting booths (on election day and at advance voting) at national and local elections and national referendums.","labels":["Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0090","docId":"crpd-c-gc-7","idx":90,"n":90,"text":"90. Persons representing all or some of the wide diversity of impairments should be consulted and involved, through their organizations of persons with disabilities, in the process and implementation of data and information collection (art. 31).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"31","source":"regex"}]},{"id":"crpd-c-gc-7-0091","docId":"crpd-c-gc-7","idx":91,"n":91,"text":"91. States parties should establish a unified data-collection system to collect quality, sufficient, timely and reliable data, disaggregated by sex, age, ethnicity, rural/urban population, impairment type and socioeconomic status, regarding all persons with disabilities and their access to the rights under the Convention. They should establish a system to enable the formulation and implementation of policies to give effect to the Convention, through close collaboration with organizations of persons with disabilities and by utilizing the Washington Group on Disability Statistics. Additional data-collection tools should also be pursued to obtain information on perceptions and attitudes and include those constituencies that the Washington Group leaves out.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0092","docId":"crpd-c-gc-7","idx":92,"n":92,"text":"92. When deciding upon and implementing international cooperation (art. 32), the close partnership, cooperation and involvement of persons with disabilities, through their representative organizations, is crucial in adopting development policies in accordance with the Convention. Organizations of persons with disabilities should be consulted and involved at every level of development, implementation and monitoring of international cooperation plans, programmes and projects, including the 2030 Agenda and the Sendai Framework for Disaster Risk Reduction 2015–2030.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"32","source":"regex"}]},{"id":"crpd-c-gc-7-0093","docId":"crpd-c-gc-7","idx":93,"n":93,"text":"93. Article 34 (3) is important in respecting the relevant criteria for membership of the Committee. It requires States parties to give due consideration to the provision set out in article 4 (3) when nominating candidates. Therefore, States parties should closely consult and actively involve organizations of persons with disabilities prior to nominating candidates for the Committee. National legislative frameworks and procedures should be adopted for transparent and participatory procedures that involve organizations of persons with disabilities and consider the results of consultations, reflecting them in the final nomination.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"34","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0094","docId":"crpd-c-gc-7","idx":94,"n":94,"text":"The Committee acknowledges that States parties face challenges when implementing the right of persons with disabilities to be consulted and involved in the development, implementation and monitoring of legislation and policies to implement the Convention. States parties should, among others, take the following measures to ensure the full implementation of articles 4 (3) and 33 (3): (a) Repeal all laws, including those denying legal capacity, that prevent any person with disabilities, regardless of type of impairment, from being closely consulted with and actively involved, through their organizations of persons with disabilities; (b) Create an enabling environment for the establishment and functioning of organizations of persons with disabilities, by adopting a policy framework favourable to their establishment and sustained operation. This includes guaranteeing their independence and autonomy from the State, the establishment, implementation of and access to adequate funding mechanisms, including public funding and international cooperation, and the provision of support, including technical assistance, for empowerment and capacity-building; (c) Prohibit any practices of intimidation, harassment or reprisals against individuals and organizations promoting their rights under the Convention at the national and international levels. States parties should also adopt mechanisms for protecting persons with disabilities and their representative organizations against intimidation, harassment and reprisals, including when they cooperate with the Committee or other international bodies and human rights mechanisms; (d) Encourage the establishment of umbrella organizations of persons with disabilities, which coordinate and represent the activities of its members, and individual organizations of persons with disabilities with different impairments to ensure their inclusion and full participation, including those who are most underrepresented, in the monitoring process. If a State party faces obstacles in involving every individual organization of persons with disabilities in decision-making processes, they could include representatives of such organizations in permanent or temporary task forces etc., when it cannot be done through an umbrella organization or coalition of organizations of persons with disabilities; (e) Adopt legislation and policies that recognize the right to participation and involvement of organizations of persons with disabilities and regulations that establish clear procedures for consultations at all levels of authority and decision-making. This legislative and policy framework should provide for the mandatory realization of public hearings prior to the adoption of decisions, and include provisions requiring clear time frames, accessibility of consultations and an obligation to provide reasonable accommodation and support. This can be done through clear references in laws and other forms of regulations to the participation and selection of representatives from organizations of persons with disabilities; (f) Establish permanent consultation mechanisms with organizations of persons with disabilities, including round tables, participatory dialogues, public hearings, surveys and online consultations, respecting their diversity and autonomy, as indicated in paragraphs 11, 12 and 50. This can also take the form of a national advisory board, such as a representative national disability council representing organizations of persons with disabilities; (g) Guarantee and support the participation of persons with disabilities through organizations of persons with disabilities, reflecting a wide diversity of backgrounds, including birth and health status, age, race, sex, language, national, ethnic, indigenous or social origin, sexual orientation and gender identity, intersex variation, religious and political affiliation, migrant status, impairment groups or other status; (h) Engage with organizations of persons with disabilities that represent women and girls with disabilities and secure their direct participation in all processes of public decision-making in a safe environment, particularly relating to the development of policies regarding the rights of women and gender equality, and gender-based violence against women, including sexual violence and abuse; (i) Consult with and actively involve persons with disabilities, including children and women with disabilities, through their representative organizations, in the planning, execution, monitoring and measuring of public decision-making processes at all levels, especially in matters affecting them, including in situations of risk and humanitarian emergencies, giving them reasonable and realistic timelines in providing their views and adequate funding and support; (j) Encourage and support the creation, capacity-building, funding and effective participation of organizations of persons with disabilities or groups of persons with disabilities, including parents and families of persons with disabilities in their supportive role, at all levels of decision-making. This includes at the local, national, regional (including within a regional integration organization) or international levels, in the conception, design, reform and implementation of policies and programmes; (k) Ensure monitoring of States parties’ compliance with articles 4 (3) and 33 (3), and facilitate organizations of persons with disabilities’ leadership in such monitoring; (l) Develop and implement, with the involvement of organizations of persons with disabilities, effective enforcement mechanisms, with meaningful sanctions and remedies, for non-compliance with State parties’ obligations under articles 4 (3) and 33 (3); (m) Ensure the provision of reasonable accommodation and the accessibility of all facilities, materials, meetings, calls for submissions, procedures and information and communication related to public decision-making, consultation and monitoring to all persons with disabilities, including persons isolated in institutions or psychiatric hospitals and persons with autism; (n) Provide disability and age-appropriate assistance for the participation of persons with disabilities, through their representative organizations, in public decision-making, consultation and monitoring processes. Develop strategies to ensure the participation of children with disabilities in consultation processes for the implementation of the Convention that are inclusive, child-friendly, transparent and respectful of their rights to freedom of expression and thought; (o) Conduct consultations and procedures in an open and transparent manner and understandable formats, inclusive of all organizations of persons with disabilities; (p) Ensure that organizations of persons with disabilities can receive and/or seek funding and other forms of resources from national and international sources, including private individuals and companies, civil society organizations, States parties and international organizations, including access to tax exemptions, and the national lottery; (q) Make existing consultation procedures in non-disability-specific areas of law accessible and inclusive of persons with disabilities, through their representative organizations; (r) Actively involve and closely consult with persons with disabilities, through their representative organizations, on public budgeting processes, the monitoring of the Sustainable Development Goals at the national level, international decision-making and international cooperation with other States parties, and adopt development policies that mainstream the rights and opinions of persons with disabilities when implementing and monitoring the 2030 Agenda at the national level; (s) Guarantee the participation, representation and easy access of persons with disabilities to focal points at all levels of Government and the coordination mechanisms, and their cooperation and representation within the independent monitoring frameworks; (t) Promote and ensure the participation and involvement of persons with disabilities, through their representative organizations, in international human rights mechanisms at the regional and global levels; (u) Define in close consultation with organizations of persons with disabilities verifiable indicators for good participation, concrete timelines and responsibilities for implementation and monitoring. Such participation can be measured, for example, by explaining the scope of their participation in connection with proposals for amending laws or reporting on the number of representatives from such organizations involved in decision-making processes.","labels":["Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities","LGBTI+"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-8-0001","docId":"crpd-c-gc-8","idx":1,"n":1,"text":"1. The aim of the present general comment is to clarify the obligations of States parties regarding the right to work and employment as enshrined in article 27 of the Convention. The Convention sets out the principles and standards of the right of persons with disabilities to work and employment, and provides the basis for States parties to meet their commitments under the Sustainable Development Goals, particularly target 8.5, on achieving, by 2030, full and productive employment and decent work for all women and men, including persons with disabilities, and equal pay for work of equal value.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0002","docId":"crpd-c-gc-8","idx":2,"n":2,"text":"2. The right to work is a fundamental right, essential for realizing other human rights, and forms an inseparable and inherent part of human dignity. The right to work also contributes to the survival of individuals and to that of their family, and, insofar as work is freely chosen or accepted, to their development and recognition within the community.[[fn:1]] The right to work is recognized in several international and regional legal instruments. The International Covenant on Economic, Social and Cultural Rights proclaims the right to work in a general sense in article 6, and explicitly develops the individual dimension of the right to work through the recognition in article 7 of the right of everyone to the enjoyment of just and favourable conditions of work, in particular safe working conditions. The collective dimension of the right to work is addressed in article 8 of the Covenant, which enunciates the right of all persons to form trade unions and to join the trade union of their choice and the right of trade unions to function freely. The Committee has drawn upon its own jurisprudence, and that of the Committee on Economic, Social and Cultural Rights and other human rights treaty bodies, to develop the present general comment.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":1,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), para. 1."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"}]},{"id":"crpd-c-gc-8-0003","docId":"crpd-c-gc-8","idx":3,"n":3,"text":"3. Meaningful work and employment are essential to a person’s economic security, physical and mental health, personal well-being and sense of identity. However, the Committee is aware that a value system known as ableism adversely affects the opportunities for many persons with disabilities to have meaningful work and employment. Ableism and its impact have been described as “a value system that considers certain typical characteristics of body and mind as essential for living a life of value. Based on strict standards of appearance, functioning and behaviour, ableist ways of thinking consider the disability experience as a misfortune that leads to suffering and disadvantage and invariably devalues human life.”[[fn:2]] The foundation of the medical and charity models of disability, ableism leads to social prejudice, inequality and discrimination against persons with disabilities, as it underpins legislation, policies and practices such as segregated employment – for example “sheltered workshops” – and can result in involuntary participation in the informal economy.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":2,"text":"A/HRC/43/41, para. 9."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-8-0004","docId":"crpd-c-gc-8","idx":4,"n":4,"text":"4. Persons with disabilities face barriers to gaining access to and exercising their right to work and employment in the open labour market, on an equal basis with others. Persons with disabilities face high unemployment rates, lower wages, instability, lower standards in hiring conditions, and lack of accessibility of the work environment, and are also less likely than other persons to be appointed to managerial positions when they are formally employed. All such barriers are exacerbated for women with disabilities. Persons with disabilities are more likely to earn lower wages than other persons and are more likely to be in vulnerable employment, including being employed in the informal sector, being self-employed or engaging in part-time employment.[[fn:3]] Data and other evidence indicate that these differences particularly affect persons with disabilities on such grounds as age, gender, sex, ethnicity and place of residence.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":3,"text":"Disability and Development Report: Realizing the Sustainable Development Goals by, for and with Persons with Disabilities – 2018 (United Nations publication, 2019), pp. 155–158."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-8-0005","docId":"crpd-c-gc-8","idx":5,"n":5,"text":"5. Evolving conditions in economies and the labour market create new challenges and opportunities to ensure the right to work. New technologies, including artificial intelligence and the shift to digital work, can create new barriers or forms of discrimination as well as offering new pathways into work and new forms of employment. Economic transformations, such as the transition to a green economy or the response to crises, create opportunities for inclusion as well as the threat of leaving people behind.[[fn:4]]","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":4,"text":"See International Labour Organization (ILO) Global Business and Disability Network and Fundación ONCE, “Making the future of work inclusive of persons with disabilities”, 21 November 2019."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-8-0006","docId":"crpd-c-gc-8","idx":6,"n":6,"text":"6. Article 27 of the Convention incorporates several interdependent and interrelated rights within the right to work, including, in article 27 (1) (b), the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work and to safe working conditions, including protection from harassment, and, in article 27 (1) (c), the collective dimension of the right to work and the exercise by persons with disabilities of their labour and trade union rights on an equal basis with others.[[fn:5]] The aim of the present general comment is to provide a comprehensive overview of the obligations of States parties under article 27, considering the interdependence of the measures on the right to work listed in that article, and the interrelationship of the right to work and employment with the provisions of other articles of the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":5,"text":"Article 27 (1), chapeau, and (1) (b) and (c) relates directly to three interdependent articles of the International Covenant on Economic, Social and Cultural Rights, namely articles 6, 7 and 8. The Committee on Economic, Social and Cultural Rights has issued general comments on articles 6 and 7 of the Covenant."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"},{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0007","docId":"crpd-c-gc-8","idx":7,"n":7,"text":"7. The Committee has consistently expressed concern that the legislation and policies of States parties still reflect an ableist approach to disability, through charity and/or medical models, despite the incompatibility of those models with the Convention.[[fn:6]] Under those models, persons with disabilities are not acknowledged as subjects of rights and as rights holders, but are instead “reduced” to their impairments.[[fn:7]] Discriminatory or differential treatment and the exclusion of persons with disabilities are seen as the norm, legitimized by a medically-driven, incapacity approach to disability. Such ableist approaches preclude States parties from eliminating persistent barriers, particularly disability stereotypes and stigmas that prevent persons with disabilities from being able to work on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":6,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 2."},{"n":7,"text":"Ibid., para. 8."}],"section":["II. Human rights model of disability"]},{"id":"crpd-c-gc-8-0008","docId":"crpd-c-gc-8","idx":8,"n":8,"text":"8. To realize the rights in the Convention, States parties need to apply the human rights model of disability. In its general comment No. 6 (2018) on equality and non-discrimination, the Committee sets out the human rights model of disability, under which it is recognized that disability is a social construct, that impairments are a valued aspect of human diversity and dignity and that impairments must not be taken as legitimate grounds for the denial or restriction of human rights. Disability is acknowledged as one of many multidimensional layers of identity, meaning that laws and policies must take the diversity of persons with disabilities into account. Human rights are recognized as being interdependent, interrelated and indivisible.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["II. Human rights model of disability"]},{"id":"crpd-c-gc-8-0009","docId":"crpd-c-gc-8","idx":9,"n":9,"text":"9. The right to work is a fundamental human right and an essential component of human dignity. In the Universal Declaration of Human Rights, the right to work is recognized in article 23. Beyond the International Covenant on Economic, Social and Cultural Rights, the right to work is covered in article 8 (1), (2) and (3) (a) of the International Covenant on Civil and Political Rights, article 5 (e) (i) and (ii) of the International Convention on the Elimination of All Forms of Racial Discrimination, article 11 of the Convention on the Elimination of All Forms of Discrimination against Women, article 32 of the Convention on the Rights of the Child and articles 25, 26, 40, 52 and 54 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Similarly, the General Assembly proclaimed the right to work in the Declaration on Social Progress and Development (art. 6), in its resolution 2542 (XXIV) of 11 December 1969.","labels":["Migrants","Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content"],"citedArticles":[{"article":"23","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'In the Universal Declaration of Human Rights, the right to work is recognized in article 23' — UDHR is non-binding."},{"article":"8","paragraph":"1","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 8 (1), (2) and (3) (a) of the International Covenant on Civil and Political Rights'."},{"article":"5","paragraph":"e","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5 (e) (i) and (ii) of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"11","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 11 of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"32","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 32 of the Convention on the Rights of the Child' (economic exploitation)."},{"article":"25","treaty":"CMW","confidence":"high","source":"opus","rationale":"Text expressly cites 'articles 25, 26, 40, 52 and 54 of the International Convention on the Protection of the Rights of All Migrant Workers'."},{"article":"26","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same enumeration of CMW articles."},{"article":"40","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same enumeration of CMW articles."},{"article":"52","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same enumeration of CMW articles."},{"article":"54","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same enumeration of CMW articles."},{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes 'art. 6' to the UN Declaration on Social Progress and Development (resolution 2542 (XXIV)) — a non-binding GA declaration, not CRPD; Sonnet's CRPD assignment misreads the immediate antecedent."}]},{"id":"crpd-c-gc-8-0010","docId":"crpd-c-gc-8","idx":10,"n":10,"text":"10. Several regional instruments provide for the right to work – including the European Social Charter of 1961 (part II, arts. 1–10) and the European Social Charter (Revised) of 1996 (part II, arts. 1–10), the African Charter on Human and Peoples’ Rights (art. 15) and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (arts. 6–8) – and affirm the principle that respect for the right to work imposes on States parties an obligation to take measures aimed at the realization of full employment.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content"],"citedArticles":[{"article":"15","treaty":"?","confidence":"high","source":"opus","rationale":"Cited as 'the African Charter on Human and Peoples' Rights (art. 15)', a regional instrument not in the enumerated treaty list."},{"article":"6","treaty":"?","rationale":"Additional Protocol to the ACHR (San Salvador), arts 6-8 — instrument not in bundle (A-LOW verdict)","source":"opus-audit"},{"article":"8","treaty":"?","rationale":"San Salvador Protocol range endpoint","source":"opus-audit"}]},{"id":"crpd-c-gc-8-0011","docId":"crpd-c-gc-8","idx":11,"n":11,"text":"11. The International Labour Organization (ILO) has identified a set of fundamental conventions related to rights at work.[[fn:8]] The subjects covered are considered to be fundamental principles and rights at work, and include freedom of association and the effective recognition of the right to collective bargaining, the elimination of all forms of forced or compulsory labour, the effective abolition of child labour, and the elimination of discrimination in respect of employment and occupation.","labels":["Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":8,"text":"See https://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-and-recommendations/lang--en/index.htm."}],"section":["III. Normative content"]},{"id":"crpd-c-gc-8-0012","docId":"crpd-c-gc-8","idx":12,"n":12,"text":"12. Under article 27 (1) of the Convention, States parties recognize the right of persons with disabilities to work, on an equal basis with others, including the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. This concept reflects the jurisprudence of the Committee on Economic, Social and Cultural Rights, in which that Committee has made reference to the principle of equality in connection with work and employment by persons with disabilities: it has noted that the right of all persons to the opportunity to gain their living by work that they freely choose or accept is not realized where the only real opportunity open to persons with disabilities is to work in segregated facilities,[[fn:9]] and considers that persons with disabilities should not be segregated in sheltered workshops.[[fn:10]] Article 27 (1), in expressly identifying these rights of persons with disabilities, clearly indicates that segregated employment settings are inconsistent with them.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":9,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994), para. 21."},{"n":10,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 47 (c)."}],"section":["III. Normative content","A. Right to work, on an equal basis with others, including the right to gain a living by work freely chosen or accepted in an open, inclusive and accessible workplace (art. 27 (1), chapeau)"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-8-0013","docId":"crpd-c-gc-8","idx":13,"n":13,"text":"13. Despite some progress, lack of access to the open labour market and segregation continue to be the greatest challenges for persons with disabilities. Discrimination, such as denial of reasonable accommodation, inaccessible workplaces and harassment, poses further obstacles to employment in an open labour market and work environment, leading to a false choice of employment in a closed workplace on the basis of disability. The ILO Employment Policy Convention, 1964 (No. 122), refers to “full, productive and freely chosen employment”, linking States parties’ obligation to create the conditions for full employment with their obligation to ensure the absence of forced labour.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","A. Right to work, on an equal basis with others, including the right to gain a living by work freely chosen or accepted in an open, inclusive and accessible workplace (art. 27 (1), chapeau)"]},{"id":"crpd-c-gc-8-0014","docId":"crpd-c-gc-8","idx":14,"n":14,"text":"The Committee observes that segregated employment, such as sheltered workshops, includes a variety of practices and experiences, characterized by at least some of the following elements: (a) The persons with disabilities are segregated, away from open, inclusive and accessible employment; (b) The employment is organized around certain specific activities that persons with disabilities are deemed to be able to carry out; (c) The medical and rehabilitation approaches to disability are focused on and emphasized; (d) Transition to the open labour market is not effectively promoted; (e) The persons with disabilities do not receive equal remuneration for work of equal value; (f) The persons with disabilities are not remunerated for their work on an equal basis with others; (g) The persons with disabilities do not usually have regular employment contracts and are therefore not covered by social security schemes.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","A. Right to work, on an equal basis with others, including the right to gain a living by work freely chosen or accepted in an open, inclusive and accessible workplace (art. 27 (1), chapeau)"]},{"id":"crpd-c-gc-8-0015","docId":"crpd-c-gc-8","idx":15,"n":15,"text":"15. Segregated employment for persons with disabilities, such as sheltered workshops, is not to be considered as a measure of progressive realization of the right to work, which is evidenced only in employment that is freely chosen or accepted and performed in an open and inclusive labour market. Employment ventures that are managed and led by persons with disabilities, including those that are jointly owned and democratically controlled, may not be considered segregated employment if they provide just and favourable conditions of work on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","A. Right to work, on an equal basis with others, including the right to gain a living by work freely chosen or accepted in an open, inclusive and accessible workplace (art. 27 (1), chapeau)"]},{"id":"crpd-c-gc-8-0016","docId":"crpd-c-gc-8","idx":16,"n":16,"text":"16. Non-discrimination and equality are core obligations of article 27, extend to the actions of third parties, such as the business sector,[[fn:11]] and apply throughout the employment cycle, which includes recruitment, hiring and employment, continuance of employment, training programmes and career advancement, as well as searching and applying for work and exiting work. The Committee has noted in its jurisprudence that to achieve de facto equality in terms of the Convention, States parties must ensure that there is no discrimination on the grounds of disability in connection to work and employment.[[fn:12]] International human rights practice identifies a number of forms of discrimination, which can occur individually or simultaneously: direct discrimination, indirect discrimination, denial of reasonable accommodation, harassment and discrimination by association.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":11,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), para. 7."},{"n":12,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 67."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0017","docId":"crpd-c-gc-8","idx":17,"n":17,"text":"17. Direct discrimination occurs when persons with disabilities are treated unfavourably for any reason related to their impairment. An example is a public sector employer not considering a person with disabilities for a job on the assumption that the person with disabilities will be unable to do the work.[[fn:13]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":13,"text":"Ibid., para. 18 (a)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0018","docId":"crpd-c-gc-8","idx":18,"n":18,"text":"18. Indirect discrimination refers to the application of laws, policies or practices that appear neutral but have a negative impact on persons with disabilities. It occurs when an opportunity excludes persons with disabilities because the framing of the opportunity does not take account of their situation and, as a result, they are unable to benefit from the opportunity itself. For example, if the only way to enter a public building for a job interview is by a set of stairs, candidates who use wheelchairs are put in an unequal position because they are unable to enter the building.[[fn:14]] Implied in the prohibition of indirect discrimination is an ongoing obligation to ensure accessibility through universal design in all situations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":14,"text":"Ibid., para. 18 (b)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0019","docId":"crpd-c-gc-8","idx":19,"n":19,"text":"19. Denial of reasonable accommodation occurs when necessary and appropriate individualized modifications, adjustments and support (that do not impose a disproportionate or undue burden) are not implemented. Reasonable accommodation means those modifications, adjustments and support that are needed to ensure the equal enjoyment or exercise of a human right or fundamental freedom.[[fn:15]] For example, a public sector employee with a vision impairment who is not provided with the appropriate equipment to perform allocated tasks, such as a computer programme that magnifies text on a computer screen, has been denied reasonable accommodation. Other examples of reasonable accommodation include making information accessible to the individual with disabilities, modifying equipment, enabling work from home, ensuring that an interpreter is provided in meetings, reorganizing activities, rescheduling work or providing support personnel.[[fn:16]] To fall within the concept of reasonable accommodation, the changes need to be negotiated with the individual. The duty to provide reasonable accommodation is applicable from the moment that a request for such accommodation is received or the need becomes apparent.[[fn:17]] The Committee emphasizes that the duty to provide reasonable accommodation is different from the duty to ensure accessibility, which flows from the prohibition of indirect discrimination and is set out in articles 4 and 9 of the Convention. While both duties are aimed at guaranteeing accessibility, the duty to ensure accessibility through universal design or assistive technologies involves building accessibility into systems and processes without regard to the needs of a particular person with disabilities, for example, to have access to a building on an equal basis with others.[[fn:18]] The duty to provide reasonable accommodation, on the other hand, applies from the moment that a person with disabilities seeks to exercise their rights or requires access in non-accessible situations or environments.[[fn:19]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":15,"text":"Ibid., para. 18 (c)."},{"n":16,"text":"Ibid., para. 23."},{"n":17,"text":"Ibid., para. 24 (b)."},{"n":18,"text":"Ibid., para. 24 (a)."},{"n":19,"text":"Ibid., para. 24 (b)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"],"citedArticles":[{"treaty":"CRPD","article":"4","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-8-0020","docId":"crpd-c-gc-8","idx":20,"n":20,"text":"20. Harassment is a form of discrimination when unwanted conduct related to disability or other prohibited grounds takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.[[fn:20]] Under the ILO Violence and Harassment Convention, 2019 (No. 190), the term “violence and harassment” in the world of work refers to a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":20,"text":"Ibid., para. 18 (d)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0021","docId":"crpd-c-gc-8","idx":21,"n":21,"text":"21. Discrimination by association may occur when family members or a person otherwise associated with a person with disabilities is subjected to discrimination at work because of that relationship, which has a direct or indirect impact on the life of the person with disabilities.[[fn:21]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":21,"text":"See, for example, Bellini et al. v. Italy (CRPD/C/27/D/51/2018)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0022","docId":"crpd-c-gc-8","idx":22,"n":22,"text":"22. Persons with disabilities are often disproportionately affected by multiple and intersectional discrimination. The diversity of persons with disabilities means that they face diverse barriers to realizing the right to work and follow different pathways into employment throughout their working lives. Multiple discrimination occurs when a person experiences discrimination on two or more grounds, leading to discrimination that is compounded or aggravated, and intersectional discrimination occurs when several grounds interact with each other at the same time in such a way as to be inseparable.[[fn:22]] The concepts of multiple and intersectional discrimination reflect the fact that individuals do not experience discrimination as members of a homogeneous group but, rather, as individuals with multidimensional layers of identities, statuses and life circumstances. Intersecting layers of identity include age, race, indigenous, national or social origin, refugee, migrant or asylum-seeking status, political or other opinion, religion, sex, sexual orientation and gender identity.","labels":["Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":22,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 4 (c)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0023","docId":"crpd-c-gc-8","idx":23,"n":23,"text":"23. These concepts reflect the lived realities and experiences of heightened disadvantage of individuals caused by multiple and intersectional forms of discrimination.[[fn:23]] The Committee has addressed different situations of multiple and intersectional discrimination. For example, women and gender-nonconforming persons with disabilities face an intersection of gender- and disability-related barriers in attitudes, circumstances and work itself, including the compounded effects of multiple discrimination that limit opportunities to work, affect their right to equal pay and increase the risk of violence and harassment in the workplace. Similarly, disability- and age-related discrimination interact to mean that youth and older persons with disabilities can face substantially different challenges to realize the right to work.","labels":["Women/girls","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":23,"text":"Ibid., para. 16."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0024","docId":"crpd-c-gc-8","idx":24,"n":24,"text":"Article 27 (1) (b) refers to the protection of the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including: (a) Equal opportunities and equal remuneration for work of equal value; (b) Safe and healthy working conditions, including protection from harassment; (c) The redress of grievances.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-8-0025","docId":"crpd-c-gc-8","idx":25,"n":25,"text":"25. The right of persons with disabilities to just and favourable conditions of work is a corollary of the right to the opportunity to gain a living by work that is freely chosen or accepted. It is an important component of other rights enshrined in the Convention, such as trade union rights (art. 27 (1) (c)), and enjoyment of it is a prerequisite for, and the result of, the enjoyment of other Convention rights, such as the right to an adequate standard of living (art. 28) through decent remuneration.[[fn:24]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":24,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 47 (c)."}],"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-8-0026","docId":"crpd-c-gc-8","idx":26,"n":26,"text":"26. The right to just and favourable conditions of work is a right of all workers with disabilities in all settings, regardless of impairment, gender, age, cultural or linguistic background or migrant status, or whether they are employed in the formal or informal sectors, self-employed or employed in the agricultural sector or in rural and remote areas.[[fn:25]] Further, the right to just and favourable conditions of work requires that payment below the minimum wage on the basis of disability not be justified under any circumstances.","labels":["Migrants","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":25,"text":"Ibid., para. 5."}],"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"]},{"id":"crpd-c-gc-8-0027","docId":"crpd-c-gc-8","idx":27,"n":27,"text":"27. Just and favourable conditions of work for persons with disabilities includes the benefits and protections enjoyed by other workers, such as a retirement benefit fund, sick leave, long-service leave, parental leave, promotion, rest, leisure and periodic holidays with pay.[[fn:26]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":26,"text":"For further details, see Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016)."}],"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"]},{"id":"crpd-c-gc-8-0028","docId":"crpd-c-gc-8","idx":28,"n":28,"text":"28. Workers with disabilities have the right to receive equal remuneration as other workers when they perform the same or similar jobs. Further, their remuneration should also be equal even when their work is completely different but nonetheless of equal value. States parties should ensure that workplaces that are in the process of making the transition away from segregated employment are not exempt from paying equal remuneration for work of equal value.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"]},{"id":"crpd-c-gc-8-0029","docId":"crpd-c-gc-8","idx":29,"n":29,"text":"29. The right to a safe and healthy work environment includes the requirement for a coherent national policy on occupational health that is inclusive of workers with disabilities. The aim of such a policy is to prevent accidents and injuries arising from, linked with or occurring during work. The policy should cover the protection of all workers, including those with disabilities, and also including those who hold short- or long-term contracts, work part-time, are apprentices, are self-employed, are migrant workers or are employed in the informal sector. Organizations of persons with disabilities should participate in the formulation, implementation and review of the national policy to ensure that national policies do not enable discrimination.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"]},{"id":"crpd-c-gc-8-0030","docId":"crpd-c-gc-8","idx":30,"n":30,"text":"30. As the Committee has noted in its jurisprudence, protection from harassment in connection with work and employment extends throughout the employment cycle and requires effective remedies through the enactment and enforcement of specific and comprehensive anti-discrimination legislation.[[fn:27]] The legislation should be accompanied by appropriate and effective legal remedies and sanctions in relation to discrimination in civil, administrative and criminal proceedings. Individual remedies should be accompanied by effective changes in the workplace to prevent future violations.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":27,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 22."}],"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"]},{"id":"crpd-c-gc-8-0031","docId":"crpd-c-gc-8","idx":31,"n":31,"text":"31. Trade union rights, freedom of association and the right to strike are crucial means of introducing, maintaining and defending just and favourable conditions of work. Trade unions should admit, accept and enable the full and meaningful participation of persons with disabilities on an equal basis with others. Trade unions should play an important role in defending the right of persons with disabilities to work, including persons with disabilities still working in segregated employment. States parties have an obligation to respect and protect the work of human rights defenders and other members of civil society, in particular trade unions, who assist persons with disabilities and other marginalized groups in the realization of their right to work.[[fn:28]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":28,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), para. 51."}],"section":["III. Normative content","D. Labour and trade union rights (art. 27 (1) (c))"]},{"id":"crpd-c-gc-8-0032","docId":"crpd-c-gc-8","idx":32,"n":32,"text":"32. The promotion of employment for persons with disabilities requires the effective involvement of trade unions and other representative associations that protect and promote the rights of workers with disabilities in the definition of priorities, decision-making, planning, implementation and evaluation of strategies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","D. Labour and trade union rights (art. 27 (1) (c))"]},{"id":"crpd-c-gc-8-0033","docId":"crpd-c-gc-8","idx":33,"n":33,"text":"33. General labour laws and codes should explicitly prohibit discrimination on the basis of disability and should include the responsibility to ensure that trade union workers, employers and labour market institutions are fully aware of issues of equality and non-discrimination in the context of the work and employment of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","D. Labour and trade union rights (art. 27 (1) (c))"]},{"id":"crpd-c-gc-8-0034","docId":"crpd-c-gc-8","idx":34,"n":34,"text":"34. Collective bargaining arrangements should prohibit discrimination on the basis of impairment. Where they specify working conditions, the arrangement must include a mechanism by which employees can seek reasonable accommodation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","D. Labour and trade union rights (art. 27 (1) (c))"]},{"id":"crpd-c-gc-8-0035","docId":"crpd-c-gc-8","idx":35,"n":35,"text":"35. Non-discriminatory access to general technical and vocational guidance, training and placement services, both public and private, on an equal basis with others is required for the realization of the right of persons with disabilities to work and employment.[[fn:29]] The participation of persons with disabilities in mainstream services promotes the non-segregation of services and access by persons with disabilities to open employment and vocational training services.[[fn:30]] Such services may be appropriate for entry into work, during the course of employment or for transitions between roles. States parties should take measures to ensure the certification of capacities and attainments on an equal basis with others, the explicit inclusion of persons with disabilities in legislation dealing with vocational training, explicit references to persons with disabilities in general policies regulating vocational training, the accessibility of premises, information and materials, the provision of vocational training on the rights of persons with disabilities and funding for reasonable accommodation. Vocational and professional preparation, training and other services should be provided in accessible and inclusive ways, including financial support for participation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":29,"text":"See the International Covenant on Economic, Social and Cultural Rights, art. 6, and the ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)."},{"n":30,"text":"See CRPD/C/2/3, annex."}],"section":["III. Normative content","E. Access to technical and vocational guidance, placement services and training (art. 27 (1) (d))"]},{"id":"crpd-c-gc-8-0036","docId":"crpd-c-gc-8","idx":36,"n":36,"text":"36. States parties should ensure that persons with disabilities have meaningful opportunities to develop their careers, whatever the form of their employment.[[fn:31]] Opportunities for development include reskilling and upskilling, training, lifelong learning and mentorship programmes.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":31,"text":"For an example of where such support was not meaningfully provided, see Gröninger et al. v. Germany (CRPD/C/D/2/2010)."}],"section":["III. Normative content","F. Promotion of employment opportunities and career advancement (art. 27 (1) (e))"]},{"id":"crpd-c-gc-8-0037","docId":"crpd-c-gc-8","idx":37,"n":37,"text":"37. All workers with disabilities have the right, on an equal basis with others, to be considered for promotion through fair, merit-based and transparent processes. States parties should analyse the direct and indirect barriers to career advancement encountered by persons with disabilities, in particular by women with disabilities. Vocational training referred to under article 27 (1) (d) includes training undertaken by workers with disabilities to advance their careers. Courses must be accessible and workers must be able to seek reasonable accommodation.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","F. Promotion of employment opportunities and career advancement (art. 27 (1) (e))"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-8-0038","docId":"crpd-c-gc-8","idx":38,"n":38,"text":"38. Persons with disabilities have the right to freely choose their work, including whether they wish to be self-employed, start their own business or work in a cooperative. States parties should take targeted measures to protect and support persons with disabilities in the informal economy, to promote and accelerate their transition to the formal economy, and to prevent work in the formal economy from becoming informal.[[fn:32]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":32,"text":"See ILO, Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204)."}],"section":["III. Normative content","G. Promotion of opportunities for self-employment, entrepreneurship and cooperatives (art. 27 (1) (f))"]},{"id":"crpd-c-gc-8-0039","docId":"crpd-c-gc-8","idx":39,"n":39,"text":"39. The promotion of opportunities for work that is freely chosen requires accessible information on entrepreneurship, micro, small and medium-sized enterprises, and other forms of business models and economic units, such as cooperatives.[[fn:33]] Non-discriminatory access to business services, markets, infrastructure and technology, occupational health and safety, financial services, mentorship and networking also needs to be considered. States parties should formulate and implement an integrated policy framework that is inclusive of persons with disabilities, ensuring coordination across different levels of government and cooperation between the relevant bodies and authorities, such as tax authorities and social security institutions.[[fn:34]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":33,"text":"Ibid., para. 11 (g)."},{"n":34,"text":"Ibid., para. 12."}],"section":["III. Normative content","G. Promotion of opportunities for self-employment, entrepreneurship and cooperatives (art. 27 (1) (f))"]},{"id":"crpd-c-gc-8-0040","docId":"crpd-c-gc-8","idx":40,"n":40,"text":"40. The provisions of other subparagraphs of article 27 apply equally to the public and private sectors. However, where the State party is the employer, it should take a more rigorous approach to inclusion. States parties should introduce objective standards for hiring and promoting persons with disabilities on merit and be committed to increasing the number of employees with disabilities. If necessary, specific measures should be taken to build awareness within the public sector, attract and recruit persons with disabilities and support public sector employees with disabilities, with the aim of reflecting the diversity of the community and benefiting from the lived experiences of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","H. Employment in the public sector (art. 27 (1) (g))"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0041","docId":"crpd-c-gc-8","idx":41,"n":41,"text":"41. The Committee has recommended to States parties that, in an effort to increase employment of persons with disabilities in the public sector, they develop and implement affirmative action measures, such as the allocation of targeted funding to promote the employment of persons with disabilities in the public and private sectors, including vocational programmes.[[fn:35]] Further measures include quotas – requirements that at least a specific percentage of an employer’s workforce be made up of employees with disabilities — or targets. All measures should be accompanied by an annual reporting requirement on compliance by public authorities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":35,"text":"For example, CRPD/C/CAN/CO/1, para. 48 (c); CRPD/C/GTM/CO/1, para. 63; CRPD/C/JOR/CO/1, para. 50 (c); and CRPD/C/URY/CO/1, paras. 57–58."}],"section":["III. Normative content","H. Employment in the public sector (art. 27 (1) (g))"]},{"id":"crpd-c-gc-8-0042","docId":"crpd-c-gc-8","idx":42,"n":42,"text":"42. The Committee has recommended strategies to States parties to increase the employment of persons with disabilities in the public sector that are equally applicable to the private sector. Specific affirmative action measures may be required, such as quotas to increase the employment of persons with disabilities in the private sector. At the same time, quotas alone are insufficient to promote the employment of persons with disabilities and may be resisted by persons with disabilities if the system focuses on impairment rather than ability. Quotas also raise issues of confidentiality. Other affirmative action measures include public procurement measures, such as tendering processes, that give preference to enterprises owned by persons with disabilities or that employ persons with disabilities, and the allocation of targeted funding to promote the employment of persons with disabilities, such as modifications of the working environment, apprentice wage support, payroll tax deductions and wage subsidies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))"]},{"id":"crpd-c-gc-8-0043","docId":"crpd-c-gc-8","idx":43,"n":43,"text":"Preferential purchasing policies that promote or support segregated employment are not affirmative action measures that are consistent with the Convention. In order to ensure consistency with the Convention, affirmative action involves, inter alia: (a) Ensuring that employers do not restrict persons with disabilities to certain occupations, reserved jobs or specific employment units; (b) Ensuring that employers do not restrict access for persons with disabilities to opportunities for promotion and career growth; (c) Taking steps to ensure that work promoted under these measures does not constitute “fake” employment, whereby persons with disabilities are engaged by employers but do not perform work or do not have meaningful employment on an equal basis with others; (d) Incorporating a disability, gender and age perspective throughout the workplace.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))"]},{"id":"crpd-c-gc-8-0044","docId":"crpd-c-gc-8","idx":44,"n":44,"text":"44. States parties should consult closely with organizations of persons with disabilities when designing affirmative action measures.[[fn:36]] Such measures in the private sector will be most effective if they form part of a holistic approach by States parties to promote the employment of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":36,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 29."}],"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))"]},{"id":"crpd-c-gc-8-0045","docId":"crpd-c-gc-8","idx":45,"n":45,"text":"The duty to provide reasonable accommodation is different from the duty to ensure accessibility. Reasonable accommodation involves the provision of individualized modifications, adjustments and support to enable persons with disabilities to perform the inherent requirements of their work on an equal basis with others. States parties should ensure that the provision of reasonable accommodation is facilitated through measures and programmes that provide technical and financial assistance to public and private employers. Nevertheless, as part of their accessibility duty, public and private employers need to ensure they have a clear, accessible and timely process for dealing with the need for reasonable accommodation. Where a barrier to full inclusion of an individual with disabilities is identified by the individual or the employer, the employer must take the following steps, as failure to do so would constitute denial of reasonable accommodation: (a) The employer works with the individual to identify potential solutions to remove or avoid the barrier, including the individual’s preferred solution; (b) The employer implements the individual’s preferred solution, unless it would impose an undue burden, in which case the employer implements another identified solution that does not impose an undue burden, or implements the preferred solution to the extent possible without experiencing the undue burden.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","J. Provision of reasonable accommodation in the workplace (art. 27 (1) (i))"]},{"id":"crpd-c-gc-8-0046","docId":"crpd-c-gc-8","idx":46,"n":46,"text":"46. Work experience in the open labour market may be promoted through internships, workplace learning schemes, scholarships, bursaries and financial incentives for businesses, such as apprenticeships and other workplace-based learning schemes. As well as being essential to developing the skills of persons with disabilities, work experience offers an opportunity to transform employment conditions and build connections and understanding among employers.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","K. Promotion of work experience in the open labour market (art. 27 (1) (j))"]},{"id":"crpd-c-gc-8-0047","docId":"crpd-c-gc-8","idx":47,"n":47,"text":"47. Persons with disabilities are at particular risk of the inappropriate use of unpaid internships, training programmes and volunteering schemes, which negatively affects job security and career prospects. Young persons with disabilities are particularly vulnerable in this regard. States parties should clearly regulate and monitor the situation of persons with disabilities under such programmes.","labels":["Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","K. Promotion of work experience in the open labour market (art. 27 (1) (j))"]},{"id":"crpd-c-gc-8-0048","docId":"crpd-c-gc-8","idx":48,"n":48,"text":"48. All workers may experience the need to retrain, develop new skills or change their occupation. Job retention and return-to-work programmes for persons with disabilities are part of wider efforts to ensure continual workforce development. States parties need to ensure that persons with disabilities are supported to stay in work or transition to new roles after the acquisition of a new impairment or the exacerbation of an existing impairment.[[fn:37]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":37,"text":"See J.M. v. Spain (CRPD/C/23/D/37/2016) and V.F.C. v. Spain (CRPD/C/21/D/34/2015), in which the Committee found that the State party had failed to fulfil its obligations under the Convention by failing to ensure the authors’ continuance of employment through assignment to modified duties."}],"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","L. Promotion of vocational and professional rehabilitation, job retention and return-to-work programmes (art. 27 (1) (k))"]},{"id":"crpd-c-gc-8-0049","docId":"crpd-c-gc-8","idx":49,"n":49,"text":"49. In the provision of rehabilitation, States parties should ensure that workers with disabilities as a result of an accident or illness and, where relevant, their dependants receive adequate compensation, including for costs of treatment, loss of earnings and other costs, in addition to access to rehabilitation services.[[fn:38]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":38,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 29."}],"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","L. Promotion of vocational and professional rehabilitation, job retention and return-to-work programmes (art. 27 (1) (k))"]},{"id":"crpd-c-gc-8-0050","docId":"crpd-c-gc-8","idx":50,"n":50,"text":"50. Return-to-work programmes may lead to the employee concerned continuing in the same role, transferring to a different role with the same employer or taking on a role with a different employer. Such programmes should not be used to promote employment in segregated work settings.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","L. Promotion of vocational and professional rehabilitation, job retention and return-to-work programmes (art. 27 (1) (k))"]},{"id":"crpd-c-gc-8-0051","docId":"crpd-c-gc-8","idx":51,"n":51,"text":"51. The prohibition of slavery, servitude and forced or compulsory labour is at the core of international human rights law. Persons with disabilities, including children with disabilities, are at an increased risk of experiencing situations of slavery or servitude, such as segregated employment, abduction and forced labour.[[fn:39]] Such situations extend to debt bondage, trafficking, begging, and work in sweatshops, on farms or in segregated employment for little or no pay.","labels":["Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":39,"text":"CRPD/C/BOL/CO/1, paras. 41–42."}],"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","M. Slavery, servitude and forced or compulsory labour (art. 27 (2))"]},{"id":"crpd-c-gc-8-0052","docId":"crpd-c-gc-8","idx":52,"n":52,"text":"52. States parties should develop comprehensive measures to prevent and to investigate all instances of slavery, servitude and forced or compulsory labour. Such measures should include awareness-raising programmes, information campaigns, legislative provisions, complaints procedures, sanctions regimes, investigation mechanisms, and redress and reparation measures.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","M. Slavery, servitude and forced or compulsory labour (art. 27 (2))"]},{"id":"crpd-c-gc-8-0053","docId":"crpd-c-gc-8","idx":53,"n":53,"text":"53. To fulfil their obligations under article 27 (2) of the Convention, States parties should pay attention to the right of persons with disabilities to choice, consent and freedom from coercion. Choice must be understood in the context of the harm that conditions of work may cause. In some cases, available working conditions may be harmful to the health and well-being of persons with disabilities for reasons related to their disability. These individuals require reasonable accommodation through modifications to working conditions, and meaningful social protection and other support to ensure that they are not forced to perform work against their will. In other cases, persons with disabilities experience harm through discrimination caused by segregation, lack of equal remuneration for work of equal value and limited pathways to employment that is freely chosen, on an equal basis with others. The risk of coercion stems from the fact that persons with disabilities often face wider social vulnerability, lack of meaningful alternatives and relations of dependency or care that become exploitative. This risk needs to be taken into account for the purposes of understanding whether consent has been given. Even when consent has been given, attention should be paid to a wider context of exploitation or coercion. Consent is not sufficient to indicate that someone is not in a situation of slavery, servitude or trafficking.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","M. Slavery, servitude and forced or compulsory labour (art. 27 (2))"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-8-0054","docId":"crpd-c-gc-8","idx":54,"n":54,"text":"54. Article 4 (2) of the Convention requires that, with regard to economic, social and cultural rights, States parties take measures to the maximum of their available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of those rights. The principal general obligation of States parties is therefore to ensure the progressive realization of the right to work. Deliberate, concrete and targeted steps towards that goal must be taken within a reasonably short time after the Convention’s entry into force for the State party concerned.[[fn:40]] This obligation sits alongside States parties’ immediate obligations, under articles 4 (1), 5 and 27, to ensure non-discrimination with regard to the right to work.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":40,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990), para. 2."}],"section":["IV. Obligations of States parties","A. General obligations"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0055","docId":"crpd-c-gc-8","idx":55,"n":55,"text":"55. The right of all persons with disabilities to work imposes three types or levels of obligations on States parties: the obligations to respect, to protect and to fulfil. In turn, the obligation to fulfil contains obligations to facilitate, to provide and to promote.[[fn:41]] The obligation to respect is contained in article 4 (1) (d) of the Convention, under which the State party is required to refrain from engaging in any act or practice that is inconsistent with the Convention. The obligation to protect is contained in article 4 (1) (c) and (e), under which the State party is required to take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes and to take all appropriate measures to eliminate discrimination on the basis of disability by third parties, including private enterprises. The obligation to fulfil is contained in, for example, article 4 (1) (f) and (g), under which the State is required to undertake or promote research and development of universally designed goods and services and new assistive technologies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":41,"text":"In its general comments No. 12 (1999) (para. 15) and No. 13 (1999) (para. 46), the Committee on Economic, Social and Cultural Rights noted that the obligation to fulfil incorporated both an obligation to facilitate and an obligation to provide. In its general comment No. 14 (2000) (para. 33), it then also incorporated a third obligation – the obligation to promote – into the obligation to fulfil, based on the importance of health promotion in the work of the World Health Organization and others. Given that the purpose of the Convention, under article 1, is to promote the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities and to promote respect for their inherent dignity, in the present general comment the obligation to promote has been included under the obligation to fulfil."}],"section":["IV. Obligations of States parties","A. General obligations"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-8-0056","docId":"crpd-c-gc-8","idx":56,"n":56,"text":"56. Retrogressive measures are not permissible in relation to any of the rights covered by the Convention, including the right to work. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives, that they are duly justified, by reference to the totality of the rights provided for in the Convention, in the context of the full use of the State party’s maximum available resources,[[fn:42]] and that they do not have a disproportionate impact on persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":42,"text":"Committee on Economic, Social and Cultural Rights, general comments No. 3 (1990), para. 9, and No. 14 (2000), para. 32."}],"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0057","docId":"crpd-c-gc-8","idx":57,"n":57,"text":"57. The obligation to respect requires States parties to refrain from interfering directly or indirectly with the enjoyment of the right to work by, inter alia, refraining from denying or limiting equal access to decent work for all persons with disabilities, refraining from exempting employers from paying the national minimum wage on the basis on disability, and prohibiting forced or compulsory labour. States parties are bound by the obligation to respect the right of women with disabilities and young persons with disabilities to have access to just and favourable conditions of work, and are thus required to take measures to combat multiple and intersectional discrimination and to achieve equal opportunity for promotion and equal remuneration for work of equal value. Any assessment by States parties of the “value” of work must avoid stereotypes relating to persons with disabilities, including concerning their sex or gender, that could undervalue work predominantly performed by women with disabilities.[[fn:43]] Additionally, States parties should take immediate measures to remove barriers in laws, policies and programmes that associate disability with “inability to work”. In particular, measures to assess or classify disability status should not be based on or lead to limitation of the right of persons with disabilities to work.","labels":["Women/girls","Adolescents","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":43,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 47 (a)."}],"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0058","docId":"crpd-c-gc-8","idx":58,"n":58,"text":"58. The obligation to protect requires States parties to take all appropriate measures to eliminate discrimination on the basis of disability by private, non-State actors, such as private business enterprises, trade unions and all members of society, to prevent interference with the guarantees of article 27.[[fn:44]] In particular, States parties have an obligation to protect persons with disabilities from the main forms of discrimination in connection to work and employment – direct discrimination, indirect discrimination, denial of reasonable accommodation, harassment and discrimination by association – which may occur individually or simultaneously. Furthermore, the Committee has in its jurisprudence recommended measures to address multiple and intersectional discrimination, including the following: adopting legislation, policies and programmes that explicitly recognize multiple and intersectional discrimination,[[fn:45]] to ensure that complaints of such discrimination are considered to determine both liability and remedies; establishing a framework for data collection relevant to combating the intersectional discrimination faced by women and girls with disabilities;[[fn:46]] permitting complaints of discrimination on more than one ground, establishing higher levels of compensation for victims and imposing higher penalties for perpetrators;[[fn:47]] strengthening anti-discrimination laws to address intersectional discrimination;[[fn:48]] examining the appropriateness of current structures used to deal with intersectional discrimination and adopting effective and specific measures to prevent intersectional forms of discrimination against women and girls;[[fn:49]] and developing frameworks for the inclusive, comprehensive and transparent participation of organizations of persons with disabilities, including those experiencing intersectional discrimination.[[fn:50]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":44,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 18; Human Rights Committee, general comments No. 18 (1989), para. 9, and No. 28 (2000), para. 31; Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 11; Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 9; and Committee on the Elimination of Racial Discrimination, general recommendation No. 25 (2000), paras. 1–2."},{"n":45,"text":"CRPD/C/BRA/CO/1, para. 13, and CRPD/C/MUS/CO/1, paras. 10 and 12."},{"n":46,"text":"CRPD/C/CZE/CO/1, para. 14, and CRPD/C/DEU/CO/1, para. 16 (b)."},{"n":47,"text":"CRPD/C/DNK/CO/1, para. 17."},{"n":48,"text":"CRPD/C/AUS/CO/1, para. 15."},{"n":49,"text":"CRPD/C/SWE/CO/1, paras. 12 and 14."},{"n":50,"text":"CRPD/C/DEU/CO/1, para. 10."}],"section":["IV. Obligations of States parties","A. General obligations"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0059","docId":"crpd-c-gc-8","idx":59,"n":59,"text":"59. Lastly, the obligation to fulfil – containing the obligations to facilitate, provide and promote – requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards ensuring work environments are open, inclusive and accessible.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0060","docId":"crpd-c-gc-8","idx":60,"n":60,"text":"60. In order to meet the obligation to facilitate the right of persons with disabilities to work and employment, States parties are required to take positive measures to enable and assist persons with disabilities to undertake technical and vocational education and training, and to implement technical and vocational education plans to facilitate access to employment. States parties are also obligated to undertake or promote research and development of and promote the availability and use of new technologies, including information and communications technology, mobility aids, devices and assistive technologies, giving priority to technologies at an affordable cost.[[fn:51]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":51,"text":"Convention, art. 4 (1) (g)."}],"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0061","docId":"crpd-c-gc-8","idx":61,"n":61,"text":"61. In order to meet the obligation to provide for the right of persons with disabilities to work and employment, States parties are obliged to recognize this right in national legal systems and to adopt a national policy and detailed action plan for its realization. The policy and plan should have sufficient resources allocated to it to increase the participation of persons with disabilities, particularly women with disabilities, in work and employment. States parties are also obliged to provide persons with disabilities with accessible information on the new technologies developed pursuant to the obligation to facilitate.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0062","docId":"crpd-c-gc-8","idx":62,"n":62,"text":"62. In order to meet the obligation to promote the right of persons with disabilities to work and employment, States parties should take steps to ensure appropriate education, information and awareness-raising campaigns, including gender mainstreaming, in both the private and public sectors. Awareness-raising campaigns should target private and public sector employers and employees, recruiters and employment agencies, and the general public, and should be in relevant languages and accessible formats for persons with disabilities.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0063","docId":"crpd-c-gc-8","idx":63,"n":63,"text":"63. States parties have an immediate, minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of the right of persons with disabilities to work and employment.[[fn:52]] In the context of article 27, this core obligation encompasses the obligation to ensure non-discrimination and equal protection of employment.[[fn:53]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":52,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990), para. 10."},{"n":53,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), para. 31."}],"section":["IV. Obligations of States parties","B. Core obligations"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0064","docId":"crpd-c-gc-8","idx":64,"n":64,"text":"In its jurisprudence on article 5 of the Convention, the Committee has set out the immediate steps that States parties are required to take to achieve de facto equality and ensure non-discrimination on the grounds of disability in relation to the right to work and employment.[[fn:54]] In particular, in order to ensure the provision of reasonable accommodation pursuant to articles 5 (3) and 27 (1) (i) and to achieve or accelerate de facto equality in work and employment pursuant to article 5 (4), States parties should: (a) Facilitate the transition away from segregated work environments for persons with disabilities and support their engagement in the open labour market, and in the meantime ensure the immediate applicability of labour rights to segregated settings; (b) Promote the right to supported employment, including to work assistance, job coaching and vocational qualification programmes, protect the rights of workers with disabilities and ensure the right of workers to freely choose their employment; (c) Ensure that persons with disabilities are paid no less than the minimum wage and do not lose the benefit of disability allowances when they start work; (d) Expressly recognize the denial of reasonable accommodation as discrimination and prohibit multiple and intersectional discrimination, and harassment; (e) Ensure proper transition into and out of employment for persons with disabilities in a non-discriminatory manner, and equal and effective access to benefits and entitlements, such as retirement or unemployment benefits, which must not be infringed upon by exclusion from employment, thereby further exacerbating the situation of exclusion; (f) Promote work in inclusive, accessible, safe and healthy working environments in the public and private sectors, including access to suitable bathroom facilities; (g) Ensure that persons with disabilities enjoy equal opportunities for career advancement through regular assessment meetings with their managers and by defining the objectives to be achieved, as part of a comprehensive strategy; (h) Ensure access to training, retraining and education, including vocational training and capacity-building for employees with disabilities, and provide training on the employment of persons with disabilities and reasonable accommodation for employers, representative organizations of employees and employers, unions and competent authorities; (i) Work towards universally applicable occupational health and safety measures, including occupational safety and health regulations that are non-discriminatory and inclusive of persons with disabilities; (j) Recognize the right of persons with disabilities to have access to trade and labour unions.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":54,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 67."}],"section":["IV. Obligations of States parties","B. Core obligations"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-8-0065","docId":"crpd-c-gc-8","idx":65,"n":65,"text":"The Committee on Economic, Social and Cultural rights has also identified core obligations regarding the right to just and favourable conditions of work.[[fn:55]] In particular, States parties should: (a) Put in place a comprehensive system to combat gender discrimination at work, including with regard to remuneration; (b) Establish in legislation and in consultation with workers and employers, their representative organizations and other relevant partners, minimum wages that are non-discriminatory and non-derogable, fixed by taking into consideration relevant economic factors and indexed to the cost of living so as to ensure a decent living for workers and their families; (c) Define and prohibit harassment, including sexual harassment, at work through law, ensure appropriate complaints procedures and mechanisms and establish criminal sanctions for sexual harassment; (d) Introduce and enforce minimum standards in relation to rest, leisure, reasonable limitation of working hours, paid leave and public holidays.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":55,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 65."}],"section":["IV. Obligations of States parties","B. Core obligations"]},{"id":"crpd-c-gc-8-0066","docId":"crpd-c-gc-8","idx":66,"n":66,"text":"66. Article 5 of the Convention, on equality and non-discrimination, requires States parties to promote inclusive equality and eliminate discrimination – direct discrimination, indirect discrimination, denial of reasonable accommodation, harassment and discrimination by association – in all matters of work, employment and the employment cycle. Furthermore, women with disabilities, gender-nonconforming persons with disabilities, older persons with disabilities and young persons with disabilities face an intersection of barriers, related to sex, gender, age and disability, that limit opportunities to work, adversely affect enjoyment of the right to equal pay for work of equal value and increase the risk of violence and harassment in the workplace.","labels":["Women/girls","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-8-0067","docId":"crpd-c-gc-8","idx":67,"n":67,"text":"67. Women with disabilities (art. 6) experience multiple and intersectional discrimination in work and employment and throughout the employment cycle, resulting in barriers to equal participation in the workplace. Such barriers include sexual harassment, unequal pay for work of equal value, lack of career options, less prestigious career paths than other persons to be able to obtain employment, lack of access to redress because of discriminatory attitudes that result in dismissal of their claims, and physical, information and communications barriers.[[fn:56]] Women with disabilities are at risk of exploitation in the informal economy and in unpaid work, which in turn exacerbates inequalities in areas such as remuneration, health and safety, rest, leisure and paid leave, including maternity leave.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":56,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 58."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-8-0068","docId":"crpd-c-gc-8","idx":68,"n":68,"text":"68. The number of children with disabilities (art. 7) globally is estimated at almost 240 million. Millions of children, with and without disabilities, are working as domestic workers or in non-hazardous occupations with their families without adequate rest or education, throughout most of their childhood.[[fn:57]] Children and youth with disabilities are at greater risk of exposure to hazardous child labour than other children and youth.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":57,"text":"Committee on the Rights of the Child, general comment No. 17 (2013), para. 29."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"7","source":"regex"}]},{"id":"crpd-c-gc-8-0069","docId":"crpd-c-gc-8","idx":69,"n":69,"text":"69. Awareness-raising (art. 8) campaigns targeting the public and private sectors regarding persons with disabilities and their rights are required to combat stereotypes, prejudices and harmful practices relating to persons with disabilities in all areas of life. Such campaigns should include awareness-raising to combat stereotypes based on assumptions that some persons with disabilities – such as autistic persons, deaf persons, blind persons, persons with psychosocial disabilities and others – are unlikely to interact with their work colleagues or to be distracted in the workplace and hence have greater productivity than their co-workers. Values systems such as ableism, that underpin legislation, policies and practices leading to inequality and discrimination, need to be identified and eliminated.","labels":["Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"8","source":"regex"}]},{"id":"crpd-c-gc-8-0070","docId":"crpd-c-gc-8","idx":70,"n":70,"text":"70. Persons with disabilities cannot effectively enjoy their right to work and employment on an equal basis with others in the absence of accessibility (art. 9) and personal mobility (art. 20) throughout the employment cycle, whether in the workplace, in trade union activities or through accessible transport and support services to get to their workplace. All information related to work and employment must be accessible through sign language, Braille, Easy Read, accessible electronic formats, alternative script and augmentative and alternative modes, means and formats of communication.[[fn:58]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":58,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014), para. 41."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"20","source":"regex"}]},{"id":"crpd-c-gc-8-0071","docId":"crpd-c-gc-8","idx":71,"n":71,"text":"71. Persons with disabilities have the right to recognition everywhere as persons before the law (art. 12), and they enjoy legal capacity on an equal basis with others in all aspects of life, including the exercise of legal capacity throughout the employment cycle, especially on entry into an employment relationship (for example, through a formal contract), and for access to finance, credit and insurance. The provision of support in the exercise of legal capacity may include supported decision-making.[[fn:59]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":59,"text":"See Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014)."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-8-0072","docId":"crpd-c-gc-8","idx":72,"n":72,"text":"72. Persons with disabilities are entitled to access to justice (art. 13) on an equal basis with others, regarding all areas of employment law, including with regard to industrial relations and injury compensation claims related to employment.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"13","source":"regex"}]},{"id":"crpd-c-gc-8-0073","docId":"crpd-c-gc-8","idx":73,"n":73,"text":"73. Persons with disabilities have the right to choice, consent and freedom from coercion. The risk of coercion stems from the fact that persons with disabilities experience greater social and environmental barriers resulting in increased vulnerability, lack of meaningful alternatives and relations of dependency or care that can become exploitative (art. 16). Understanding whether consent has been given is crucial. As noted above, even when consent has been given, the wider context of coercion, exploitation and meaningful alternatives must be considered. Consent is not sufficient to indicate that a person with disabilities is not in a situation of servitude or slavery. Children with disabilities are particularly vulnerable to economic exploitation, including child labour, drug trafficking and begging.[[fn:60]] Young persons with disabilities are also at particular risk of inappropriate use of unpaid internships, training programmes and volunteering schemes.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":60,"text":"Committee on the Rights of the Child, general comment No. 9 (2006), para. 75."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"16","source":"regex"}]},{"id":"crpd-c-gc-8-0074","docId":"crpd-c-gc-8","idx":74,"n":74,"text":"74. Free choice of work and employment on an equal basis with others is fundamental to living independently and being included in the community (art. 19). It provides economic independence, choice, social connections, friendships and identity. For many people with disabilities, programmes and financial support for the provision of personal assistance is critical to ensuring their right to work.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-8-0075","docId":"crpd-c-gc-8","idx":75,"n":75,"text":"75. Respect for privacy (art. 22) is important factor in life and often involves sensitive personal issues. Respect for the privacy of employees with disabilities requires employers to obtain the consent of an employee with disabilities before sharing – with human resources staff, for example – disability- or impairment-related information that is disclosed to them. The requirement to protect confidential information extends throughout the employment cycle and includes protection from the use of genetic information that could indicate a potential predisposition to certain impairments.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"22","source":"regex"}]},{"id":"crpd-c-gc-8-0076","docId":"crpd-c-gc-8","idx":76,"n":76,"text":"76. Inclusive education (art. 24) plays a vital role in ensuring that persons with disabilities are able to exercise their right to work and employment that is freely chosen on an equal basis with others. Quality inclusive education prepares persons with disabilities for work and employment through the acquisition of the knowledge, skills and confidence necessary for participation in the open labour market.[[fn:61]] However, a third of out-of-school children worldwide are children with disabilities. Many Governments officially promote inclusive education, but, in practice, children with disabilities, especially girls with disabilities, are either excluded or segregated in special schools,[[fn:62]] which will negatively affect their enjoyment of the right to work and employment that is freely chosen on an equal basis with others. The transition from secondary or tertiary education to employment needs particular attention to realize the right to work. It is important to ensure that pathways into the open labour market are promoted for persons with disabilities, and that persons with disabilities are not channelled into segregated settings of work. Lifelong education is a key component to ensuring and fostering the continued career development of persons with disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":61,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 4 (2016), para. 56."},{"n":62,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 36 (2017), paras. 43–44."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-8-0077","docId":"crpd-c-gc-8","idx":77,"n":77,"text":"77. Employers have a fundamental responsibility to protect the health and safety of workers (art. 25). Comprehensive habilitation and rehabilitation services and programmes (art. 26) are vital for the employment of persons with disabilities. When persons with disabilities are injured at work or when a person acquires a disability through work, it is essential that rehabilitation and return-to-work measures fully respect the choice and preferences of the person and are not used to promote employment in segregated work settings.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"25","source":"regex"},{"treaty":"CRPD","article":"26","source":"regex"}]},{"id":"crpd-c-gc-8-0078","docId":"crpd-c-gc-8","idx":78,"n":78,"text":"78. Persons with disabilities are entitled to social protection (art. 28) to cover the loss or lack of earnings due to the inability to obtain or maintain freely chosen employment on an equal basis with others. The social protection system must ensure adequate protection of unemployed workers with disabilities on an equal basis with others. The right to social protection extends to part-time workers with disabilities, casual workers with disabilities, seasonal workers with disabilities and self-employed persons with disabilities, and persons with disabilities working in the informal economy. Benefits should include the continuation of support payments until such time that it is clear that the employment is sustained, and cover periods of loss of earnings when employees with disabilities are requested not to report for work during a public health or other emergency.[[fn:63]] Where employment ceases, support payments should be immediately reinstated. Support payments related to essential disability-related expenses should be continued throughout employment, to ensure employment on an equal basis with others. The support provided should also cover individuals, including primary caregivers (who are overwhelmingly female) and relatives, who support persons with disabilities.[[fn:64]] Concepts such as “inability to work” and “fitness to work” are not components of the design of social protection systems. The diversity of personal circumstances, needs and barriers that persons with disabilities experience in seeking, retaining and returning to paid employment requires the design of flexible social protection systems that are responsive to individual situations.[[fn:65]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":63,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), para. 37."},{"n":64,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994), para. 28."},{"n":65,"text":"CRPD/C/15/4 and CRPD/C/15/4/Corr.1, para. 102."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-8-0079","docId":"crpd-c-gc-8","idx":79,"n":79,"text":"79. Collective bargaining is a tool of fundamental importance in the formulation of employment policies.[[fn:66]] Trade union-related rights apply equally to workers with disabilities as to other workers. Article 27 (1) (c), read in conjunction with article 29, serves to emphasize the importance of the right of persons with disabilities to form their own organizations. If these organizations are to be effective in the promotion and protection of the economic and social interests of persons with disabilities, they should be consulted regularly by government bodies and others in relation to all matters affecting them. It may also be necessary for these organizations to be supported financially, so as to ensure their viability.[[fn:67]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":66,"text":"Committee on Economic, Social and Cultural rights, general comment No. 18 (2005), para. 39."},{"n":67,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994), para. 26. See also Committee on the Rights of Persons with Disabilities, general comment No. 7 (2018)."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-8-0080","docId":"crpd-c-gc-8","idx":80,"n":80,"text":"80. The collection and analysis of data (art. 31), disaggregated on the basis of disability, in order to identify all forms of discrimination, including multiple and intersectional discrimination, is essential to monitor the barriers to employment for persons with disabilities on an equal basis with others. Appropriately disaggregated data also allows the identification of those working in the informal economy and of the barriers related to self-employment and entrepreneurship.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"31","source":"regex"}]},{"id":"crpd-c-gc-8-0081","docId":"crpd-c-gc-8","idx":81,"n":81,"text":"81. International cooperation (art. 32) is essential in terms of promoting national efforts to realize the right to work and advancing progress towards achieving the Sustainable Development Goals, particularly target 8.5 thereof, on achieving full and productive employment and decent work for all persons and equal pay for work of equal value. International cooperation is also essential in terms of addressing inequitable access to assistive technologies in resource-scarce settings, so that persons with disabilities are able to participate in the labour marker on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"32","source":"regex"}]},{"id":"crpd-c-gc-8-0082","docId":"crpd-c-gc-8","idx":82,"n":82,"text":"In order to ensure the right of persons with disabilities to work and employment on an equal basis with others, and in addition to upholding the normative content and meeting the obligations outlined above, States parties should take the following measures to ensure the full implementation of article 27 of the Convention: (a) Undertake a comprehensive study to determine the impact of ableism on the right of persons with disabilities to work and employment, on an equal basis with others, including the right to the opportunity to gain a living by work freely chosen; (b) Undertake studies on barriers to access by persons with disabilities to the right to work, identify the specific gender- and age-related challenges that persons with disabilities face in terms of realizing this right, and highlight innovative practices and solutions that emerge from the protection and promotion of the right of persons with disabilities to work and employment; (c) Consistent with article 4 (3) of the Convention, closely consulting and actively involving persons with disabilities, including underrepresented groups, through their representative organizations, conduct a review of national employment legislation, policies, programmes and practices and harmonize them with the Convention, repeal discriminatory laws and regulations that are inconsistent with the Convention, change or abolish customs and practices that are discriminatory against persons with disabilities, and develop a code of practice for the employment of persons with disabilities to serve as a step-by-step guide to prevent discrimination against persons with disabilities in the labour market and in the workplace; (d) Ensure that the review extends across the public and private sectors, that it includes the incorporation of gender, age and disability perspectives into laws, policies and programmes and into the implementation and evaluation thereof,[[fn:68]] and that it extends to the following areas: the promotion of youth employment; occupational health and safety measures; protections against violence, including gender based violence, harassment and forced labour; and the transition from the informal to the formal economy; (e) Develop a national employment strategy and plan of action, inclusive of persons with disabilities, that is devised and reviewed on the basis of a participatory and transparent process, and that includes methods such as indicators and benchmarks by which progress can be monitored; (f) Ensure that the protection and promotion of the right of persons with disabilities to work is integrated into emerging areas of work and employment, including the digital economy, teleworking, regulation of the gig economy and of the platform economy, economic reactivation or recovery from crisis, transition to a green economy, and use of artificial intelligence in recruitment and work; (g) Ensure that measures to protect and promote the right to work cover the diversity of persons with disabilities, their professional experience and skills; (h) Ensure that measures are taken to eliminate the exploitation of women with disabilities, children with disabilities and gender-nonconforming persons with disabilities in the formal and informal economy and in unpaid work, including the following: ensuring parental leave rights for all; taking affirmative action to increase the number of women with disabilities in the formal work sector; adopting laws and policies to allow for sufficient paid parental leave, for affordable, accessible and appropriate childcare of good quality, and for social protection that does not negatively affect persons with disabilities who are pregnant or those who must take leave to meet caregiving obligations; adopting laws and policies to protect all child workers from conditions that violate their rights; and adopting laws and policies to ensure that employers prevent and respond to gender-based violence efficiently and to promote a paradigm shift related to cultural and societal norms that contribute to gender-based violence; (i) Expeditiously phase out segregated employment, including sheltered workshops, by adopting concrete action plans, with resources, time frames and monitoring mechanisms, to ensure the transition from segregated employment to the open labour market, which include obligations: (i) To review the laws, policies, approaches and assumptions on which the promotion of sheltered employment has been based; (ii) To closely consult with and actively involve persons with disabilities, through their representative organizations, as a matter of priority, in the design, implementation and monitoring of transition processes; (j) Develop and carry out knowledge, awareness-raising and capacity-building programmes, with the meaningful participation of persons with disabilities, through their representative organizations, including training in the public and private sectors and the informal economy, to ensure compliance with the Convention; (k) Establish methods for collecting appropriately disaggregated data, according to a strong human rights conceptual and methodological framework, as set out in Human Rights Indicators: A Guide to Measurement and Implementation,[[fn:69]] to facilitate understanding of the situation of persons with disabilities in and out of employment, with particular attention to the relevance and efficacy of State party measures to promote employment in the formal economy; (l) Establish accessible and effective redress mechanisms and ensure access to justice, on an equal basis with others, for victims of discrimination based on disability, encompassing access by all persons with disabilities to effective judicial and/or administrative procedures, including effective and accessible complaints mechanisms, and to appropriate, affordable and quality legal aid; (m) Identify and strengthen pathways into work for persons with disabilities, including through job-matching mechanisms that act as a bridge between persons with disabilities and employers, and the development of specific entry mechanisms into public sector employment; (n) Foster and strengthen multi-stakeholder partnerships and networks to promote employment for persons with disabilities, including using networks to bring employers together on the promotion of work for persons with disabilities; working collaboratively with organizations of persons with disabilities, including by systematically sending public and private sector employment vacancies to those organizations; and encouraging mainstream agencies that promote employment to strengthen their ability to support persons with disabilities through partnerships with organizations working on disability rights; (o) Promote reporting by State and non-State employers on the levels and conditions of employment of persons with disabilities, including information on measures taken and results achieved with regard to career advancement among employees with disabilities; (p) Promote the employment of persons with disabilities, in particular women with disabilities,[[fn:70]] including through affirmative action such as quota mechanisms and targets, and take measures to mitigate the possibility of unintended negative consequences, such as the reinforcement of stereotypes, limited compliance and the creation of employment opportunities for only limited groups among persons with disabilities, in particular by: (i) Ensuring clear monitoring, transparency and reporting; (ii) Identifying and preventing work practices that are not consistent with the Convention, including segregation, stereotyping or discrimination; (iii) Assessing performance and results, including evaluating the quality of work achieved and checking whether employees with disabilities become restricted to certain roles or types of work and whether only certain groups of persons with disabilities are benefiting from employment; (iv) Ensuring appropriate accountability and enforcement mechanisms; (v) Ensuring that affirmative action is accompanied with measures to support employers in fulfilling them.","labels":["Women/girls","Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":68,"text":"CRPD/C/DNK/CO/1, para. 19."},{"n":69,"text":"Office of the United Nations High Commissioner for Human Rights (Geneva, 2012). See also CRPD/C/CZE/CO/1, para. 14."},{"n":70,"text":"CRPD/C/DNK/CO/1, para. 18."}],"section":["VI. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"e-1989-22-0001","docId":"e-1989-22","idx":1,"n":1,"text":"The reporting obligations which are contained in part IV of the Covenant are designed principally to assist each State party in fulfilling its obligations under the Covenant and, in addition, to provide a basis on which the Council, assisted by the Committee, can discharge its responsibilities for monitoring States parties’ compliance with their obligations and for facilitating the realization of economic, social and cultural rights in accordance with the provisions of the Covenant. The Committee considers that it would be incorrect to assume that reporting is essentially only a procedural matter designed solely to satisfy each State party’s formal obligation to report to the appropriate international monitoring body. On the contrary, in accordance with the letter and spirit of the Covenant, the processes of preparation and submission of reports by States can, and indeed should, serve to achieve a variety of objectives.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0002","docId":"e-1989-22","idx":2,"n":2,"text":"A first objective, which is of particular relevance to the initial report required to be submitted within two years of the Covenant’s entry into force for the State party concerned, is to ensure that a comprehensive review is undertaken with respect to national legislation, administrative rules and procedures, and practices in an effort to ensure the fullest possible conformity with the Covenant. Such a review might, for example, be undertaken in conjunction with each of the relevant national ministries or other authorities responsible for policy‑making and implementation in the different fields covered by the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0003","docId":"e-1989-22","idx":3,"n":3,"text":"A second objective is to ensure that the State party monitors the actual situation with respect to each of the rights on a regular basis and is thus aware of the extent to which the various rights are, or are not, being enjoyed by all individuals within its territory or under its jurisdiction. From the Committee’s experience to date, it is clear that the fulfilment of this objective cannot be achieved only by the preparation of aggregate national statistics or estimates, but also requires that special attention be given to any worse‑off regions or areas and to any specific groups or subgroups which appear to be particularly vulnerable or disadvantaged. Thus, the essential first step towards promoting the realization of economic, social and cultural rights is diagnosis and knowledge of the existing situation. The Committee is aware that this process of monitoring and gathering information is a potentially time‑consuming and costly one and that international assistance and cooperation, as provided for in article 2, paragraph 1 and articles 22 and 23 of the Covenant, may well be required in order to enable some States parties to fulfil the relevant obligations. If that is the case, and the State party concludes that it does not have the capacity to undertake the monitoring process which is an integral part of any process designed to promote accepted goals of public policy and is indispensable to the effective implementation of the Covenant, it may note this fact in its report to the Committee and indicate the nature and extent of any international assistance that it may need.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981,"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-1989-22-0004","docId":"e-1989-22","idx":4,"n":4,"text":"While monitoring is designed to give a detailed overview of the existing situation, the principal value of such an overview is to provide the basis for the elaboration of clearly stated and carefully targeted policies, including the establishment of priorities which reflect the provisions of the Covenant. Therefore, a third objective of the reporting process is to enable the Government to demonstrate that such principled policy‑making has in fact been undertaken. While the Covenant makes this obligation explicit only in article 14 in cases where “compulsory primary education, free of charge” has not yet been secured for all, a comparable obligation “to work out and adopt a detailed plan of action for the progressive implementation” of each of the rights contained in the Covenant is clearly implied by the obligation in article 2, paragraph 1 “to take steps ... by all appropriate means ...”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-1989-22-0005","docId":"e-1989-22","idx":5,"n":5,"text":"A fourth objective of the reporting process it to facilitate public scrutiny of government policies with respect to economic, social and cultural rights and to encourage the involvement of the various economic, social and cultural sectors of society in the formulation, implementation and review of the relevant policies. In examining reports submitted to it to date, the Committee has welcomed the fact that a number of States parties, reflecting different political and economic systems, have encouraged inputs by such non‑governmental groups into the preparation of their reports under the Covenant. Other States have ensured the widespread dissemination of their reports with a view to enabling comments to be made by the public at large. In these ways, the preparation of the report, and its consideration at the national level can come to be of at least as much value as the constructive dialogue conducted at the international level between the Committee and representatives of the reporting State.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0006","docId":"e-1989-22","idx":6,"n":6,"text":"A fifth objective is to provide a basis on which the State party itself, as well as the Committee, can effectively evaluate the extent to which progress has been made towards the realization of the obligations contained in the Covenant. For this purpose, it may be useful for States to identify specific benchmarks or goals against which their performance in a given area can be assessed. Thus, for example, it is generally agreed that it is important to set specific goals with respect to the reduction of infant mortality, the extent of vaccination of children, the intake of calories per person, the number of persons per health‑care provider, etc. In many of these areas, global benchmarks are of limited use, whereas national or other more specific benchmarks can provide an extremely valuable indication of progress.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0007","docId":"e-1989-22","idx":7,"n":7,"text":"In this regard, the Committee wishes to note that the Covenant attaches particular importance to the concept of “progressive realization” of the relevant rights and, for that reason, the Committee urges States parties to include in their periodic reports information which shows the progress over time, with respect to the effective realization of the relevant rights. By the same token, it is clear that qualitative, as well as quantitative, data are required in order for an adequate assessment of the situation to be made.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0008","docId":"e-1989-22","idx":8,"n":8,"text":"A sixth objective is to enable the State party itself to develop a better understanding of the problems and shortcomings encountered in efforts to realize progressively the full range of economic, social and cultural rights. For this reason, it is essential that States parties report in detail on the “factors and difficulties” inhibiting such realization. This process of identification and recognition of the relevant difficulties then provides the framework within which more appropriate policies can be devised.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0009","docId":"e-1989-22","idx":9,"n":9,"text":"A seventh objective is to enable the Committee, and the States parties as a whole, to facilitate the exchange of information among States and to develop a better understanding of the common problems faced by States and a fuller appreciation of the type of measures which might be taken to promote effective realization of each of the rights contained in the Covenant. This part of the process also enables the Committee to identify the most appropriate means by which the international community might assist States, in accordance with articles 22 and 23 of the Covenant. In order to underline the importance which the Committee attaches to this objective, a separate general comment on those articles will be discussed by the Committee at its fourth session.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-c-12-1998-25-0001","docId":"e-c-12-1998-25","idx":1,"n":1,"text":"Article 2 (1) of the Covenant obligates each State party “to take steps ... with a view to achieving progressively the full realization of the [Covenant] rights ... by all appropriate means”. The Committee notes that one such means, through which important steps can be taken, is the work of national institutions for the promotion and protection of human rights. In recent years there has been a proliferation of these institutions and the trend has been strongly encouraged by the General Assembly and the Commission on Human Rights. The Office of the High Commissioner for Human Rights has established a major programme to assist and encourage States in relation to national institutions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1998-25-0002","docId":"e-c-12-1998-25","idx":2,"n":2,"text":"These institutions range from national human rights commissions through Ombudsman offices, public interest or other human rights “advocates”, to defenseurs du peuple and defensores del pueblo. In many cases, the institution has been established by the Government, enjoys an important degree of autonomy from the executive and the legislature, takes full account of international human rights standards which are applicable to the country concerned, and is mandated to perform various activities designed to promote and protect human rights. Such institutions have been established in States with widely differing legal cultures and regardless of their economic situation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998},{"id":"e-c-12-1998-25-0003","docId":"e-c-12-1998-25","idx":3,"n":3,"text":"The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights: (a)The promotion of educational and information programmes designed to enhance awareness and understanding of economic, social and cultural rights, both within the population at large and among particular groups such as the public service, the judiciary, the private sector and the labour movement; (b)The scrutinizing of existing laws and administrative acts, as well as draft bills and other proposals, to ensure that they are consistent with the requirements of the International Covenant on Economic, Social and Cultural Rights; (c)Providing technical advice, or undertaking surveys in relation to economic, social and cultural rights, including at the request of the public authorities or other appropriate agencies; (d)The identification of national-level benchmarks against which the realization of Covenant obligations can be measured; E/C.12/1998/25 page 3 (e)Conducting research and inquiries designed to ascertain the extent to which particular economic, social and cultural rights are being realized, either within the State as a whole or in areas or in relation to communities of particular vulnerability; (f)Monitoring compliance with specific rights recognized under the Covenant and providing reports thereon to the public authorities and civil society; and (g)Examining complaints alleging infringements of applicable economic, social and cultural rights standards within the State.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998},{"id":"e-c-12-1998-25-0004","docId":"e-c-12-1998-25","idx":4,"n":4,"text":"The Committee calls upon States parties to ensure that the mandates accorded to all national human rights institutions include appropriate attention to economic, social and cultural rights and requests States parties to include details of both the mandates and the principal relevant activities of such institutions in their reports submitted to the Committee. -----","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998},{"id":"e-c-12-1999-4-0001","docId":"e-c-12-1999-4","idx":1,"n":1,"text":"Article 14 of the International Covenant on Economic, Social and Cultural Rights requires each State party which has not been able to secure compulsory primary education, free of charge, to undertake, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory primary education free of charge for all. In spite of the obligations undertaken in accordance with article 14, a number of States parties have neither drafted nor implemented a plan of action for free and compulsory primary education.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-4-0002","docId":"e-c-12-1999-4","idx":2,"n":2,"text":"The right to education, recognized in articles 13 and 14 of the Covenant, as well as in a variety of other international treaties, such as the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women, is of vital importance. It has been variously classified as an economic right, a social right and a cultural right. It is all of these. It is also, in many ways, a civil right and a political right, since it is central to the full and effective realization of those rights as well. In this respect, the right to education epitomizes the indivisibility and interdependence of all human rights.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"article":"13","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'articles 13 and 14 of the Covenant' — home_treaty=ICESCR and regex_default_treaty=ICESCR; 'the Covenant' in CESCR documents is ICESCR."},{"article":"14","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'articles 13 and 14 of the Covenant' — home_treaty=ICESCR; 'the Covenant' is ICESCR."}]},{"id":"e-c-12-1999-4-0003","docId":"e-c-12-1999-4","idx":3,"n":3,"text":"In line with its clear and unequivocal obligation under article 14, every State party is under a duty to present to the Committee a plan of action drawn up along the lines specified in paragraph 8 below. This obligation needs to be scrupulously observed in view of the fact that in developing countries, 130 million children of school age are currently estimated to be without access to primary education, of whom about two thirds are girls. The Committee is fully aware that many diverse factors have made it difficult for States parties to fulfil their obligation to provide a plan of action. For example, the structural adjustment programmes that began in the 1970s, the debt crises that followed in the 1980s and the financial crises of the late 1990s, as well as other factors, have greatly exacerbated the extent to which the right to primary education is being denied. These difficulties, however, cannot relieve States parties of their obligation to adopt and submit a plan of action to the Committee, as provided for in article 14 of the Covenant.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-4-0004","docId":"e-c-12-1999-4","idx":4,"n":4,"text":"Plans of action prepared by States parties to the Covenant in accordance with article 14 are especially important as the work of the Committee has shown that the lack of educational opportunities for children often reinforces their subjection to various other human rights violations. For instance these children, who may live in abject poverty and not lead healthy lives, are particularly vulnerable to forced labour and other forms of exploitation. Moreover, there is a direct correlation between, for example, primary school enrolment levels for girls and major reductions in child marriages.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-4-0005","docId":"e-c-12-1999-4","idx":5,"n":5,"text":"Article 14 contains a number of elements which warrant some elaboration in the light of the Committee's extensive experience in examining State party reports.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-4-0006","docId":"e-c-12-1999-4","idx":6,"n":6,"text":"Compulsory. The element of compulsion serves to highlight the fact that neither parents, nor guardians, nor the State are entitled to treat as optional the decision as to whether the child should have access to primary education. Similarly, the prohibition of gender discrimination in access to education, required also by articles 2 and 3 of the Covenant, is further underlined by this requirement. It should be emphasized, however, that the education offered must be adequate in quality, relevant to the child and must promote the realization of the child's other rights.","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-1999-4-0007","docId":"e-c-12-1999-4","idx":7,"n":7,"text":"Free of charge. The nature of this requirement is unequivocal. The right is expressly formulated so as to ensure the availability of primary education without charge to the child, parents or guardians. Fees imposed by the Government, the local authorities or the school, and other direct costs, constitute disincentives to the enjoyment of the right and may jeopardize its realization. They are also often highly regressive in effect. Their elimination is a matter which must be addressed by the required plan of action. Indirect costs, such as compulsory levies on parents (sometimes portrayed as being voluntary, when in fact they are not), or the obligation to wear a relatively expensive school uniform, can also fall into the same category. Other indirect costs may be permissible, subject to the Committee's examination on a case-by-case basis. This provision of compulsory primary education in no way conflicts with the right recognized in article 13.3 of the Covenant for parents and guardians “to choose for their children schools other than those established by the public authorities”.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-4-0008","docId":"e-c-12-1999-4","idx":8,"n":8,"text":"Adoption of a detailed plan. The State party is required to adopt a plan of action within two years. This must be interpreted as meaning within two years of the Covenant's entry into force of the State concerned, or within two years of a subsequent change in circumstances which has led to the non-observance of the relevant obligation. This obligation is a continuing one and States parties to which the provision is relevant by virtue of the prevailing situation are not absolved from the obligation as a result of their past failure to act within the two-year limit. The plan must cover all of the actions which are necessary in order to secure each of the requisite component parts of the right and must be sufficiently detailed so as to ensure the comprehensive realization of the right. Participation of all sections of civil society in the drawing up of the plan is vital and some means of periodically reviewing progress and ensuring accountability are essential. Without those elements, the significance of the article would be undermined.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999},{"id":"e-c-12-1999-4-0009","docId":"e-c-12-1999-4","idx":9,"n":9,"text":"Obligations. A State party cannot escape the unequivocal obligation to adopt a plan of action on the grounds that the necessary resources are not available. If the obligation could be avoided in this way, there would be no justification for the unique requirement contained in article 14 which applies, almost by definition, to situations characterized by inadequate financial resources. By the same token, and for the same reason, the reference to “international assistance and cooperation” in article 2.1 and to “international action” in article 23 of the Covenant are of particular relevance in this situation. Where a State party is clearly lacking in the financial resources and/or expertise required to “work out and adopt” a detailed plan, the international community has a clear obligation to assist.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-c-12-1999-4-0010","docId":"e-c-12-1999-4","idx":10,"n":10,"text":"Progressive implementation. The plan of action must be aimed at securing the progressive implementation of the right to compulsory primary education, free of charge, under article 14. Unlike the provision in article 2.1, however, article 14 specifies that the target date must be “within a reasonable number of years” and moreover, that the time-frame must “be fixed in the plan”. In other words, the plan must specifically set out a series of targeted implementation dates for each stage of the progressive implementation of the plan. This underscores both the importance and the relative inflexibility of the obligation in question. Moreover, it needs to be stressed in this regard that the State party's other obligations, such as non-discrimination, are required to be implemented fully and immediately.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-4-0011","docId":"e-c-12-1999-4","idx":11,"n":11,"text":"The Committee calls upon every State party to which article 14 is relevant to ensure that its terms are fully complied with and that the resulting plan of action is submitted to the Committee as an integral part of the reports required under the Covenant. Further, in appropriate cases, the Committee encourages States parties to seek the assistance of relevant international agencies, including the International Labour Organization (ILO), the United Nations Development Programme (UNDP), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Children's Fund (UNICEF), the International Monetary Fund (IMF) and the World Bank, in relation both to the preparation of plans of action under article 14 and their subsequent implementation. The Committee also calls upon the relevant international agencies to assist States parties to the greatest extent possible to meet their obligations on an urgent basis.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-5-0001","docId":"e-c-12-1999-5","idx":1,"n":1,"text":"The human right to adequate food is recognized in several instruments under international law. The International Covenant on Economic, Social and Cultural Rights deals more comprehensively than any other instrument with this right. Pursuant to article 11.1 of the Covenant, States parties recognize \"the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions\", while pursuant to article 11.2 they recognize that more immediate and urgent steps may be needed to ensure \"the fundamental right to freedom from hunger and malnutrition\". The human right to adequate food is of crucial importance for the enjoyment of all rights. It applies to everyone; thus the reference in Article 11.1 to \"himself and his family\" does not imply any limitation upon the applicability of this right to individuals or to female-headed households.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Introduction and basic premises"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0002","docId":"e-c-12-1999-5","idx":2,"n":2,"text":"The Committee has accumulated significant information pertaining to the right to adequate food through examination of State parties' reports over the years since 1979. The Committee has noted that while reporting guidelines are available relating to the right to adequate food, only few States parties have provided information sufficient and precise enough to enable the Committee to determine the prevailing situation in the countries concerned with respect to this right and to identify the obstacles to its realization. This General Comment aims to identify some of the principal issues which the Committee considers to be important in relation to the right to adequate food. Its preparation was triggered by the request of Member States during the 1996 World Food Summit, for a better definition of the rights relating to food in article 11 of the Covenant, and by a special request to the Committee to give particular attention to the Summit Plan of Action in monitoring the implementation of the specific measures provided for in article 11 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Introduction and basic premises"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0003","docId":"e-c-12-1999-5","idx":3,"n":3,"text":"In response to these requests, the Committee reviewed the relevant reports and documentation of the Commission on Human Rights and of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on the right to adequate food as a human right; devoted a day of general discussion to this issue at its seventeenth session in 1997, taking into consideration the draft international code of conduct on the human right to adequate food prepared by international non-governmental organizations; participated in two expert consultations on the right to adequate food as a human right organized by the Office of the United Nations High Commissioner for Human Rights (OHCHR), in Geneva in December 1997, and in Rome in November 1998 co-hosted by the Food and Agriculture Organization of the United Nations (FAO), and noted their final reports. In April 1999 the Committee participated in a symposium on \"The substance and politics of a human rights approach to food and nutrition policies and programmes\", organized by the Administrative Committee on Co-ordination/Sub-Committee on Nutrition of the United Nations at its twenty-sixth session in Geneva and hosted by OHCHR.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Introduction and basic premises"]},{"id":"e-c-12-1999-5-0004","docId":"e-c-12-1999-5","idx":4,"n":4,"text":"The Committee affirms that the right to adequate food is indivisibly linked to the inherent dignity of the human person and is indispensable for the fulfilment of other human rights enshrined in the International Bill of Human Rights. It is also inseparable from social justice, requiring the adoption of appropriate economic, environmental and social policies, at both the national and international levels, oriented to the eradication of poverty and the fulfilment of all human rights for all.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Introduction and basic premises"]},{"id":"e-c-12-1999-5-0005","docId":"e-c-12-1999-5","idx":5,"n":5,"text":"Despite the fact that the international community has frequently reaffirmed the importance of full respect for the right to adequate food, a disturbing gap still exists between the standards set in article 11 of the Covenant and the situation prevailing in many parts of the world. More than 840 million people throughout the world, most of them in developing countries, are chronically hungry; millions of people are suffering from famine as the result of natural disasters, the increasing incidence of civil strife and wars in some regions and the use of food as a political weapon. The Committee observes that while the problems of hunger and malnutrition are often particularly acute in developing countries, malnutrition, under-nutrition and other problems which relate to the right to adequate food and the right to freedom from hunger, also exist in some of the most economically developed countries. Fundamentally, the roots of the problem of hunger and malnutrition are not lack of food but lack of access to available food, inter alia because of poverty, by large segments of the world's population.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Introduction and basic premises"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0006","docId":"e-c-12-1999-5","idx":6,"n":6,"text":"The right to adequate food is realized when every man, woman and child, alone or in community with others, has physical and economic access at all times to adequate food or means for its procurement. The right to adequate food shall therefore not be interpreted in a narrow or restrictive sense which equates it with a minimum package of calories, proteins and other specific nutrients. The right to adequate food will have to be realized progressively. However, States have a core obligation to take the necessary action to mitigate and alleviate hunger as provided for in paragraph 2 of article 11, even in times of natural or other disasters.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Normative content of article 11, paragraphs 1 and 2"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0007","docId":"e-c-12-1999-5","idx":7,"n":7,"text":"The concept of adequacy is particularly significant in relation to the right to food since it serves to underline a number of factors which must be taken into account in determining whether particular foods or diets that are accessible can be considered the most appropriate under given circumstances for the purposes of article 11 of the Covenant. The notion of sustainability is intrinsically linked to the notion of adequate food or food security, implying food being accessible for both present and future generations. The precise meaning of \"adequacy\" is to a large extent determined by prevailing social, economic, cultural, climatic, ecological and other conditions, while \"sustainability\" incorporates the notion of long-term availability and accessibility.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0008","docId":"e-c-12-1999-5","idx":8,"n":8,"text":"The Committee considers that the core content of the right to adequate food implies:\n- The availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture;\n- The accessibility of such food in ways that are sustainable and that do not interfere with The enjoyment of other human rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0009","docId":"e-c-12-1999-5","idx":9,"n":9,"text":"Dietary needs implies that the diet as a whole contains a mix of nutrients for physical and mental growth, development and maintenance, and physical activity that are in compliance with human physiological needs at all stages throughout the life cycle and according to gender and occupation. Measures may therefore need to be taken to maintain, adapt or strengthen dietary diversity and appropriate consumption and feeding patterns, including breast-feeding, while ensuring that changes in availability and access to food supply as a minimum do not negatively affect dietary composition and intake.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0010","docId":"e-c-12-1999-5","idx":10,"n":10,"text":"Free from adverse substances sets requirements for food safety and for a range of protective measures by both public and private means to prevent contamination of foodstuffs through adulteration and/or through bad environmental hygiene or inappropriate handling at different stages throughout the food chain; care must also be taken to identify and avoid or destroy naturally occurring toxins.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0011","docId":"e-c-12-1999-5","idx":11,"n":11,"text":"Cultural or consumer acceptability implies the need also to take into account, as far as possible, perceived non nutrient-based values attached to food and food consumption and informed consumer concerns regarding the nature of accessible food supplies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0012","docId":"e-c-12-1999-5","idx":12,"n":12,"text":"Availability refers to the possibilities either for feeding oneself directly from productive land or other natural resources, or for well functioning distribution, processing and market systems that can move food from the site of production to where it is needed in accordance with demand.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0013","docId":"e-c-12-1999-5","idx":13,"n":13,"text":"Accessibility encompasses both economic and physical accessibility:\n- Economic accessibility implies that personal or household financial costs associated with The acquisition of food for an adequate diet should be at a level such that The attainment and satisfaction of other basic needs are not threatened or compromised. Economic accessibility applies to any acquisition pattern or entitlement through which people procure their food and is a measure of The extent to which it is satisfactory for The enjoyment of The right to adequate food. Socially vulnerable groups such as landless persons and other particularly impoverished segments of The population may need attention through special programmes.\n- Physical accessibility implies that adequate food must be accessible to everyone, including physically vulnerable individuals, such as infants and young children, elderly people, the physically disabled, the terminally ill and persons with persistent medical problems, including the mentally ill. Victims of natural disasters, people living in disaster-prone areas and other specially disadvantaged groups may need special attention and sometimes priority consideration with respect to accessibility of food. A particular vulnerability is that of many indigenous population groups whose access to their ancestral lands may be threatened.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0014","docId":"e-c-12-1999-5","idx":14,"n":14,"text":"The nature of the legal obligations of States parties are set out in article 2 of the Covenant and has been dealt with in the Committee's General Comment No. 3 (1990). The principal obligation is to take steps to achieve progressively the full realization of the right to adequate food. This imposes an obligation to move as expeditiously as possible towards that goal. Every State is obliged to ensure for everyone under its jurisdiction access to the minimum essential food which is sufficient, nutritionally adequate and safe, to ensure their freedom from hunger.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-1999-5-0015","docId":"e-c-12-1999-5","idx":15,"n":15,"text":"The right to adequate food, like any other human right, imposes three types or levels of obligations on States parties: the obligations to respect, to protect and to fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":1,"text":"The obligation to respect existing access to adequate food requires States parties not to take any measures that result in preventing such access. The obligation to protect requires measures by the State to ensure that enterprises or individuals do not deprive individuals of their access to adequate food. The obligation to fulfil (facilitate) means the State must pro-actively engage in activities intended to strengthen people's access to and utilization of resources and means to ensure their livelihood, including food security. Finally, whenever an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal, States have the obligation to fulfil (provide) that right directly. This obligation also applies for persons who are victims of natural or other disasters."}],"section":["Obligations and violations"]},{"id":"e-c-12-1999-5-0016","docId":"e-c-12-1999-5","idx":16,"n":16,"text":"Some measures at these different levels of obligations of States parties are of a more immediate nature, while other measures are more of a long-term character, to achieve progressively the full realization of the right to food.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"]},{"id":"e-c-12-1999-5-0017","docId":"e-c-12-1999-5","idx":17,"n":17,"text":"Violations of the Covenant occur when a State fails to ensure the satisfaction of, at the very least, the minimum essential level required to be free from hunger. In determining which actions or omissions amount to a violation of the right to food, it is important to distinguish the inability from the unwillingness of a State party to comply. Should a State party argue that resource constraints make it impossible to provide access to food for those who are unable by themselves to secure such access, the State has to demonstrate that every effort has been made to use all the resources at its disposal in an effort to satisfy, as a matter of priority, those minimum obligations. This follows from Article 2.1 of the Covenant, which obliges a State party to take the necessary steps to the maximum of its available resources, as previously pointed out by the Committee in its General Comment No. 3, paragraph 10. A State claiming that it is unable to carry out its obligation for reasons beyond its control therefore has the burden of proving that this is the case and that it has unsuccessfully sought to obtain international support to ensure the availability and accessibility of the necessary food.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-1999-5-0018","docId":"e-c-12-1999-5","idx":18,"n":18,"text":"Furthermore, any discrimination in access to food, as well as to means and entitlements for its procurement, on the grounds of race, colour, sex, language, age, religion, political or other opinion, national or social origin, property, birth or other status with the purpose or effect of nullifying or impairing the equal enjoyment or exercise of economic, social and cultural rights constitutes a violation of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"]},{"id":"e-c-12-1999-5-0019","docId":"e-c-12-1999-5","idx":19,"n":19,"text":"Violations of the right to food can occur through the direct action of States or other entities insufficiently regulated by States. These include: the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to food; denial of access to food to particular individuals or groups, whether the discrimination is based on legislation or is pro-active; the prevention of access to humanitarian food aid in internal conflicts or other emergency situations; adoption of legislation or policies which are manifestly incompatible with pre-existing legal obligations relating to the right to food; and failure to regulate activities of individuals or groups so as to prevent them from violating the right to food of others, or the failure of a State to take into account its international legal obligations regarding the right to food when entering into agreements with other States or with international organizations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"]},{"id":"e-c-12-1999-5-0020","docId":"e-c-12-1999-5","idx":20,"n":20,"text":"While only States are parties to the Covenant and are thus ultimately accountable for compliance with it, all members of society - individuals, families, local communities, non-governmental organizations, civil society organizations, as well as the private business sector - have responsibilities in the realization of the right to adequate food. The State should provide an environment that facilitates implementation of these responsibilities. The private business sector – national and transnational - should pursue its activities within the framework of a code of conduct conducive to respect of the right to adequate food, agreed upon jointly with the Government and civil society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"]},{"id":"e-c-12-1999-5-0021","docId":"e-c-12-1999-5","idx":21,"n":21,"text":"The most appropriate ways and means of implementing the right to adequate food will inevitably vary significantly from one State party to another. Every State will have a margin of discretion in choosing its own approaches, but the Covenant clearly requires that each State party take whatever steps are necessary to ensure that everyone is free from hunger and as soon as possible can enjoy the right to adequate food. This will require the adoption of a national strategy to ensure food and nutrition security for all, based on human rights principles that define the objectives, and the formulation of policies and corresponding benchmarks. It should also identify the resources available to meet the objectives and the most cost-effective way of using them.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0022","docId":"e-c-12-1999-5","idx":22,"n":22,"text":"The strategy should be based on a systematic identification of policy measures and activities relevant to the situation and context, as derived from the normative content of the right to adequate food and spelled out in relation to the levels and nature of State parties' obligations referred to in paragraph 15 of the present general comment. This will facilitate coordination between ministries and regional and local authorities and ensure that related policies and administrative decisions are in compliance with the obligations under article 11 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0023","docId":"e-c-12-1999-5","idx":23,"n":23,"text":"The formulation and implementation of national strategies for the right to food requires full compliance with the principles of accountability, transparency, people's participation, decentralization, legislative capacity and the independence of the judiciary. Good governance is essential to the realization of all human rights, including the elimination of poverty and ensuring a satisfactory livelihood for all.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0024","docId":"e-c-12-1999-5","idx":24,"n":24,"text":"Appropriate institutional mechanisms should be devised to secure a representative process towards the formulation of a strategy, drawing on all available domestic expertise relevant to food and nutrition. The strategy should set out the responsibilities and time-frame for the implementation of the necessary measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0025","docId":"e-c-12-1999-5","idx":25,"n":25,"text":"The strategy should address critical issues and measures in regard to all aspects of the food system, including the production, processing, distribution, marketing and consumption of safe food, as well as parallel measures in the fields of health, education, employment and social security. Care should be taken to ensure the most sustainable management and use of natural and other resources for food at the national, regional, local and household levels.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0026","docId":"e-c-12-1999-5","idx":26,"n":26,"text":"The strategy should give particular attention to the need to prevent discrimination in access to food or resources for food. This should include: guarantees of full and equal access to economic resources, particularly for women, including the right to inheritance and the ownership of land and other property, credit, natural resources and appropriate technology; measures to respect and protect self-employment and work which provides a remuneration ensuring a decent living for wage earners and their families (as stipulated in article 7 (a) (ii) of the Covenant); maintaining registries on rights in land (including forests).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-1999-5-0027","docId":"e-c-12-1999-5","idx":27,"n":27,"text":"As part of their obligations to protect people's resource base for food, States parties should take appropriate steps to ensure that activities of the private business sector and civil society are in conformity with the right to food.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0028","docId":"e-c-12-1999-5","idx":28,"n":28,"text":"Even where a State faces severe resource constraints, whether caused by a process of economic adjustment, economic recession, climatic conditions or other factors, measures should be undertaken to ensure that the right to adequate food is especially fulfilled for vulnerable population groups and individuals.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0029","docId":"e-c-12-1999-5","idx":29,"n":29,"text":"In implementing the country-specific strategies referred to above, States should set verifiable benchmarks for subsequent national and international monitoring. In this connection, States should consider the adoption of a framework law as a major instrument in the implementation of the national strategy concerning the right to food. The framework law should include provisions on its purpose; the targets or goals to be achieved and the time-frame to be set for the achievement of those targets; the means by which the purpose could be achieved described in broad terms, in particular the intended collaboration with civil society and the private sector and with international organizations; institutional responsibility for the process; and the national mechanisms for its monitoring, as well as possible recourse procedures. In developing the benchmarks and framework legislation, States parties should actively involve civil society organizations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Benchmarks and framework legislation"]},{"id":"e-c-12-1999-5-0030","docId":"e-c-12-1999-5","idx":30,"n":30,"text":"Appropriate United Nations programmes and agencies should assist, upon request, in drafting the framework legislation and in reviewing the sectoral legislation. FAO, for example, has considerable expertise and accumulated knowledge concerning legislation in the field of food and agriculture. The United Nations Children's Fund (UNICEF) has equivalent expertise concerning legislation with regard to the right to adequate food for infants and young children through maternal and child protection including legislation to enable breast-feeding, and with regard to the regulation of marketing of breast milk substitutes.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Benchmarks and framework legislation"]},{"id":"e-c-12-1999-5-0031","docId":"e-c-12-1999-5","idx":31,"n":31,"text":"States parties shall develop and maintain mechanisms to monitor progress towards the realization of the right to adequate food for all, to identify the factors and difficulties affecting the degree of implementation of their obligations, and to facilitate the adoption of corrective legislation and administrative measures, including measures to implement their obligations under articles 2.1 and 23 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Monitoring"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-1999-5-0032","docId":"e-c-12-1999-5","idx":32,"n":32,"text":"Any person or group who is a victim of a violation of the right to adequate food should have access to effective judicial or other appropriate remedies at both national and international levels. All victims of such violations are entitled to adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition. National Ombudsmen and human rights commissions should address violations of the right to food.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Remedies and accountability"]},{"id":"e-c-12-1999-5-0033","docId":"e-c-12-1999-5","idx":33,"n":33,"text":"The incorporation in the domestic legal order of international instruments recognizing the right to food, or recognition of their applicability, can significantly enhance the scope and effectiveness of remedial measures and should be encouraged in all cases. Courts would then be empowered to adjudicate violations of the core content of the right to food by direct reference to obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Remedies and accountability"]},{"id":"e-c-12-1999-5-0034","docId":"e-c-12-1999-5","idx":34,"n":34,"text":"Judges and other members of the legal profession are invited to pay greater attention to violations of the right to food in the exercise of their functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Remedies and accountability"]},{"id":"e-c-12-1999-5-0035","docId":"e-c-12-1999-5","idx":35,"n":35,"text":"States parties should respect and protect the work of human rights advocates and other members of civil society who assist vulnerable groups in the realization of their right to adequate food.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Remedies and accountability"]},{"id":"e-c-12-1999-5-0036","docId":"e-c-12-1999-5","idx":36,"n":36,"text":"In the spirit of article 56 of the Charter of the United Nations, the specific provisions contained in articles 11, 2.1, and 23 of the Covenant and the Rome Declaration of the World Food Summit, States parties should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to adequate food. In implementing this commitment, States parties should take steps to respect the enjoyment of the right to food in other countries, to protect that right, to facilitate access to food and to provide the necessary aid when required. States parties should, in international agreements whenever relevant, ensure that the right to adequate food is given due attention and consider the development of further international legal instruments to that end.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["States parties"],"citedArticles":[{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Explicitly 'article 56 of the Charter of the United Nations'; UN Charter is non-treaty."},{"article":"11","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'articles 11, 2.1, and 23 of the Covenant' in CESCR GC12 on right to adequate food; ICESCR art.11 is the right to an adequate standard of living."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Same enumeration 'articles 11, 2.1, and 23 of the Covenant'; ICESCR art.2 on State party obligations."}]},{"id":"e-c-12-1999-5-0037","docId":"e-c-12-1999-5","idx":37,"n":37,"text":"States parties should refrain at all times from food embargoes or similar measures which endanger conditions for food production and access to food in other countries. Food should never be used as an instrument of political and economic pressure. In this regard, the Committee recalls its position, stated in its General Comment No. 8, on the relationship between economic sanctions and respect for economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["States parties"]},{"id":"e-c-12-1999-5-0038","docId":"e-c-12-1999-5","idx":38,"n":38,"text":"States have a joint and individual responsibility, in accordance with the Charter of the United Nations, to cooperate in providing disaster relief and humanitarian assistance in times of emergency, including assistance to refugees and internally displaced persons. Each State should contribute to this task in accordance with its ability. The role of the World Food Programme (WFP) and the Office of the United Nations High Commissioner for Refugees (UNHCR), and increasingly that of UNICEF and FAO is of particular importance in this respect and should be strengthened. Priority in food aid should be given to the most vulnerable populations.","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["States and international organizations"]},{"id":"e-c-12-1999-5-0039","docId":"e-c-12-1999-5","idx":39,"n":39,"text":"Food aid should, as far as possible, be provided in ways which do not adversely affect local producers and local markets, and should be organized in ways that facilitate the return to food self-reliance of the beneficiaries. Such aid should be based on the needs of the intended beneficiaries. Products included in international food trade or aid programmes must be safe and culturally acceptable to the recipient population.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["States and international organizations"]},{"id":"e-c-12-1999-5-0040","docId":"e-c-12-1999-5","idx":40,"n":40,"text":"The role of the United Nations agencies, including through the United Nations Development Assistance Framework (UNDAF) at the country level, in promoting the realization of the right to food is of special importance. Coordinated efforts for the realization of the right to food should be maintained to enhance coherence and interaction among all the actors concerned, including the various components of civil society. The food organizations, FAO, WFP and the International Fund for Agricultural Development (IFAD) in conjunction with the United Nations Development Programme (UNDP), UNICEF, the World Bank and the regional development banks, should cooperate more effectively, building on their respective expertise, on the implementation of the right to food at the national level, with due respect to their individual mandates.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["The United Nations and other international organizations"]},{"id":"e-c-12-1999-5-0041","docId":"e-c-12-1999-5","idx":41,"n":41,"text":"The international financial institutions, notably the International Monetary Fund (IMF) and the World Bank, should pay greater attention to the protection of the right to food in their lending policies and credit agreements and in international measures to deal with the debt crisis. Care should be taken, in line with the Committee's General Comment No. 2, paragraph 9, in any structural adjustment programme to ensure that the right to food is protected.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["The United Nations and other international organizations"]},{"id":"e-c-12-1999-10-0001","docId":"e-c-12-1999-10","idx":1,"n":1,"text":"Education is both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education is the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities. Education has a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth. Increasingly, education is recognized as one of the best financial investments States can make. But the importance of education is not just practical: a well-educated, enlightened and active mind, able to wander freely and widely, is one of the joys and rewards of human existence.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999},{"id":"e-c-12-1999-10-0002","docId":"e-c-12-1999-10","idx":2,"n":2,"text":"The International Covenant on Economic, Social and Cultural Rights (ICESCR) devotes two articles to the right to education, articles 13 and 14. Article 13, the longest provision in the Covenant, is the most wide-ranging and comprehensive article on the right to education in international human rights law. The Committee has already adopted General Comment 11 on article 14 (plans of action for primary education); General Comment 11 and the present general comment are complementary and should be considered together. The Committee is aware that for millions of people throughout the world, the enjoyment of the right to education remains a distant goal. Moreover, in many cases, this goal is becoming increasingly remote. The Committee is also conscious of the formidable structural and other obstacles impeding the full implementation of article 13 in many States parties. E/C.12/1999/10 page 2","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0003","docId":"e-c-12-1999-10","idx":3,"n":3,"text":"With a view to assisting States parties’ implementation of the Covenant and the fulfilment of their reporting obligations, this general comment focuses on the normative content of article 13 (Part I, paras. 4-42), some of the obligations arising from it (Part II, paras. 43-57), and some illustrative violations (Part II, paras. 58-59). Part III briefly remarks upon the obligations of actors other than States parties. The general comment is based upon the Committee’s experience in examining States parties, reports over many years.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0004","docId":"e-c-12-1999-10","idx":4,"n":4,"text":"States parties agree that all education, whether public or private, formal or non-formal, shall be directed towards the aims and objectives identified in article 13 (1). The Committee notes that these educational objectives reflect the fundamental purposes and principles of the United Nations as enshrined in Articles 1 and 2 of the Charter. For the most part, they are also found in article 26 (2) of the Universal Declaration of Human Rights, although article 13 (1) adds to the Declaration in three respects: education shall be directed to the human personality’s “sense of dignity”, it shall “enable all persons to participate effectively in a free society”, and it shall promote understanding among all “ethnic” groups, as well as nations and racial and religious groups. Of those educational objectives which are common to article 26 (2) of the Universal Declaration of Human Rights and article 13 (1) of the Covenant, perhaps the most fundamental is that “education shall be directed to the full development of the human personality”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (1):  Aims and objectives of education"],"citedArticles":[{"article":"13","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 13 (1)' in CESCR GC13 on the right to education; ICESCR art.13 confirmed."},{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly reads 'Articles 1 and 2 of the Charter' meaning UN Charter."},{"article":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Same 'Articles 1 and 2 of the Charter' (UN Charter), non-treaty."},{"article":"26","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"'article 26 (2) of the Universal Declaration of Human Rights' on educational aims; UDHR is non-treaty."},{"article":"13","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Second reference to 'article 13 (1) of the Covenant'; ICESCR."},{"article":"26","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Second reference to 'article 26 (2) of the Universal Declaration of Human Rights'; UDHR is non-treaty."},{"article":"13","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Third reference to 'article 13 (1) of the Covenant' on full development of human personality; ICESCR."}]},{"id":"e-c-12-1999-10-0005","docId":"e-c-12-1999-10","idx":5,"n":5,"text":"The Committee notes that since the General Assembly adopted the Covenant in 1966, other international instruments have further elaborated the objectives to which education should be directed. Accordingly, the Committee takes the view that States parties are required to ensure that education conforms to the aims and objectives identified in article 13 (1), as interpreted in the light of the World Declaration on Education for All (Jomtien, Thailand, 1990) (art. 1), the Convention on the Rights of the Child (art. 29 (1)), the Vienna Declaration and Programme of Action (Part I, para. 33 and Part II, para. 80), and the Plan of Action for the United Nations Decade for Human Rights Education (para. 2). While all these texts closely correspond to article 13 (1) of the Covenant, they also include elements which are not expressly provided for in article 13 (1), such as specific references to gender equality and respect for the environment. These new elements are implicit in, and reflect a contemporary interpretation of article 13 (1). The Committee obtains support for this point of view from the widespread endorsement that the previously mentioned texts have received from all regions of the world.[[fn:1]]","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":1,"text":"The World Declaration on Education for All was adopted by 155 governmental delegations;the Vienna Declaration and Programme of Action was adopted by 171 governmentaldelegations; the Convention on the Rights of the Child has been ratified or acceded to by191 States parties; the Plan of Action of the United Nations Decade for Human Rights Educationwas adopted by a consensus resolution of the General Assembly (49/184)."}],"section":["1.  Normative content of article 13","Article 13 (1):  Aims and objectives of education"],"citedArticles":[{"treaty":"CRC","article":"13","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"13","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"13","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"13","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0006","docId":"e-c-12-1999-10","idx":6,"n":6,"text":"6. While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":2,"text":"This approach corresponds with the Committee's analytical framework adopted inrelation to the rights to adequate housing and food, as well as the work of the United NationsSpecial Rapporteur on the right to education. In its General Comment 4, the Committeeidentified a number of factors which bear upon the right to adequate housing, including“availability”, “affordability”, “accessibility” and “cultural adequacy”. In its GeneralComment 12, the Committee identified elements of the right to adequate food, such as“availability”, “acceptability” and “accessibility”. In her preliminary report to the Commissionon Human Rights, the Special Rapporteur on the right to education sets out “four essentialfeatures that primary schools should exhibit, namely availability, accessibility, acceptability andadaptability”, (E/CN.4/1999/49, para. 50)."}],"section":["1.  Normative content of article 13","Article 13 (2):  The right to receive an education - some general remarks"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0007","docId":"e-c-12-1999-10","idx":7,"n":7,"text":"When considering the appropriate application of these “interrelated and essential features” the best interests of the student shall be a primary consideration.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2):  The right to receive an education - some general remarks"]},{"id":"e-c-12-1999-10-0008","docId":"e-c-12-1999-10","idx":8,"n":8,"text":"Primary education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels.[[fn:3]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":3,"text":"See para. 6.","isSelfRef":true,"referencesPara":6,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 6"}],"section":["1.  Normative content of article 13","Article 13 (2) (a):  The right to primary education"]},{"id":"e-c-12-1999-10-0009","docId":"e-c-12-1999-10","idx":9,"n":9,"text":"The Committee obtains guidance on the proper interpretation of the term “primary education” from the World Declaration on Education for All which states: “The main delivery system for the basic education of children outside the family is primary schooling. Primary education must be universal, ensure that the basic learning needs of all children are satisfied, and E/C.12/1999/10 page 4 take into account the culture, needs and opportunities of the community” (art. 5). “[B]asic learning needs” are defined in article 1 of the World Declaration.[[fn:4]] While primary education is not synonymous with basic education, there is a close correspondence between the two. In this regard, the Committee endorses the position taken by UNICEF: “Primary education is the most important component of basic education.”[[fn:5]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":4,"text":"The Declaration defines “basic learning needs” as: “essential learning tools (such as literacy,oral expression, numeracy, and problem solving) and the basic learning content (such asknowledge, skills, values, and attitudes) required by human beings to be able to survive, todevelop their full capacities, to live and work in dignity, to participate fully in development, toimprove the quality of their lives, to make informed decisions, and to continue learning” (art. 1)."},{"n":5,"text":"Advocacy Kit, Basic Education 1999 (UNICEF), section 1, page 1."}],"section":["1.  Normative content of article 13","Article 13 (2) (a):  The right to primary education"],"citedArticles":[{"treaty":"ICESCR","article":"5","source":"regex"},{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0010","docId":"e-c-12-1999-10","idx":10,"n":10,"text":"As formulated in article 13 (2) (a), primary education has two distinctive features: it is “compulsory” and “available free to all”. For the Committee's observations on both terms, see paragraphs 6 and 7 of General Comment 11 on article 14 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (a):  The right to primary education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-10-0011","docId":"e-c-12-1999-10","idx":11,"n":11,"text":"Secondary education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels.[[fn:6]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":6,"text":"See para. 6.","isSelfRef":true,"referencesPara":6,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 6"}],"section":["1.  Normative content of article 13","Article 13 (2) (b):  The right to secondary education"]},{"id":"e-c-12-1999-10-0012","docId":"e-c-12-1999-10","idx":12,"n":12,"text":"While the content of secondary education will vary among States parties and over time, it includes completion of basic education and consolidation of the foundations for life-long learning and human development. It prepares students for vocational and higher educational opportunities.[[fn:7]] Article 13 (2) (b) applies to secondary education “in its different forms”, thereby recognizing that secondary education demands flexible curricula and varied delivery systems to respond to the needs of students in different social and cultural settings. The Committee encourages “alternative” educational programmes which parallel regular secondary school systems.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":7,"text":"See International Standard Classification of Education 1997, UNESCO, para. 52."}],"section":["1.  Normative content of article 13","Article 13 (2) (b):  The right to secondary education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0013","docId":"e-c-12-1999-10","idx":13,"n":13,"text":"According to article 13 (2) (b), secondary education “shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education”. The phrase “generally available” signifies, firstly, that secondary education is not dependent on a student's apparent capacity or ability and, secondly, that secondary education will be distributed throughout the State in such a way that it is available on the same basis to all. For the Committee's interpretation of “accessible”, see paragraph 6 above. The phrase “every appropriate means” reinforces the point that States parties should adopt varied and innovative approaches to the delivery of secondary education in different social and cultural contexts.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (b):  The right to secondary education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0014","docId":"e-c-12-1999-10","idx":14,"n":14,"text":"14. “[P]rogressive introduction of free education” means that while States must prioritize the provision of free primary education, they also have an obligation to take concrete steps towards achieving free secondary and higher education. For the Committee’s general observations on the meaning of the word “free”, see paragraph 7 of General Comment 11 on article 14.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (b):  The right to secondary education"],"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-10-0015","docId":"e-c-12-1999-10","idx":15,"n":15,"text":"15. Technical and vocational education (TVE) forms part of both the right to education and the right to work (art. 6 (2)). Article 13 (2) (b) presents TVE as part of secondary education, reflecting the particular importance of TVE at this level of education. Article 6 (2), however, does not refer to TVE in relation to a specific level of education; it comprehends that TVE has a wider role, helping “to achieve steady economic, social and cultural development and full and productive employment”. Also, the Universal Declaration of Human Rights states that","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":8,"text":"A view also reflected in the Human Resources Development Convention 1975(Convention No. 142) and the Social Policy (Basic Aims and Standards) Convention 1962(Convention No. 117) of the International Labour Organization."}],"section":["1.  Normative content of article 13","Technical and vocational education"],"citedArticles":[{"article":"6","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'art. 6 (2)' on TVE and right to work in CESCR GC13; ICESCR art.6 is right to work."},{"article":"13","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'Article 13 (2) (b)' presents TVE in secondary education; ICESCR art.13."},{"article":"6","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Second 'Article 6 (2)' reference, same Covenant context; ICESCR."},{"article":"26","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Explicitly 'the Universal Declaration of Human Rights states... (art. 26 (1))'; UDHR is non-treaty."}]},{"id":"e-c-12-1999-10-0016","docId":"e-c-12-1999-10","idx":16,"n":16,"text":"16. An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of “all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life” (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:","labels":["Migrants","Children","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":9,"text":"See note 8.","isCrossRef":true,"referencesNote":8,"resolvedText":"A view also reflected in the Human Resources Development Convention 1975(Convention No. 142) and the Social Policy (Basic Aims and Standards) Convention 1962(Convention No. 117) of the International Labour Organization."}],"section":["1.  Normative content of article 13","Technical and vocational education"],"citedArticles":[{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0017","docId":"e-c-12-1999-10","idx":17,"n":17,"text":"Higher education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms at all levels.[[fn:10]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":10,"text":"See para. 6.","isSelfRef":true,"referencesPara":6,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 6"}],"section":["1.  Normative content of article 13","Article 13 (2) (c):  The right to higher education"]},{"id":"e-c-12-1999-10-0018","docId":"e-c-12-1999-10","idx":18,"n":18,"text":"18. While article 13 (2) (c) is formulated on the same lines as article 13 (2) (b), there are three differences between the two provisions. Article 13 (2) (c) does not include a reference to either education “in its different forms” or specifically to TVE. In the Committee’s opinion, these two omissions reflect only a difference of emphasis between article 13 (2) (b) and (c). If higher education is to respond to the needs of students in different social and cultural settings, it must have flexible curricula and varied delivery systems, such as distance learning; in practice, therefore, both secondary and higher education have to be available “in different forms”. As for","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":11,"text":"See para. 15.","isSelfRef":true,"referencesPara":15,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 15"}],"section":["1.  Normative content of article 13","Article 13 (2) (c):  The right to higher education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"6","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"26","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0019","docId":"e-c-12-1999-10","idx":19,"n":19,"text":"The third and most significant difference between article 13 (2) (b) and (c) is that while secondary education “shall be made generally available and accessible to all”, higher education “shall be made equally accessible to all, on the basis of capacity”. According to article 13 (2) (c), higher education is not to be “generally available”, but only available “on the basis of capacity”. The “capacity” of individuals should be assessed by reference to all their relevant expertise and experience.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (c):  The right to higher education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0020","docId":"e-c-12-1999-10","idx":20,"n":20,"text":"So far as the wording of article 13 (2) (b) and (c) is the same (e.g. “the progressive introduction of free education”), see the previous comments on article 13 (2) (b).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (c):  The right to higher education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0021","docId":"e-c-12-1999-10","idx":21,"n":21,"text":"Fundamental education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels.[[fn:12]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":12,"text":"See para. 6.","isSelfRef":true,"referencesPara":6,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 6"}],"section":["1.  Normative content of article 13","Article 13 (2) (d):  The right to fundamental education"]},{"id":"e-c-12-1999-10-0022","docId":"e-c-12-1999-10","idx":22,"n":22,"text":"In general terms, fundamental education corresponds to basic education as set out in the World Declaration on Education For All.[[fn:13]] By virtue of article 13 (2) (d), individuals “who have not received or completed the whole period of their primary education” have a right to fundamental education, or basic education as defined in the World Declaration on Education For All.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":13,"text":"See para. 9.","isSelfRef":true,"referencesPara":9,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 9"}],"section":["1.  Normative content of article 13","Article 13 (2) (d):  The right to fundamental education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0023","docId":"e-c-12-1999-10","idx":23,"n":23,"text":"Since everyone has the right to the satisfaction of their “basic learning needs” as understood by the World Declaration, the right to fundamental education is not confined to those “who have not received or completed the whole period of their primary education”. The right to fundamental education extends to all those who have not yet satisfied their “basic learning needs”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (d):  The right to fundamental education"]},{"id":"e-c-12-1999-10-0024","docId":"e-c-12-1999-10","idx":24,"n":24,"text":"It should be emphasized that enjoyment of the right to fundamental education is not limited by age or gender; it extends to children, youth and adults, including older persons. Fundamental education, therefore, is an integral component of adult education and life-long learning. Because fundamental education is a right of all age groups, curricula and delivery systems must be devised which are suitable for students of all ages.","labels":["Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (d):  The right to fundamental education"]},{"id":"e-c-12-1999-10-0025","docId":"e-c-12-1999-10","idx":25,"n":25,"text":"The requirement that the “development of a system of schools at all levels shall be actively pursued” means that a State party is obliged to have an overall developmental strategy for its school system. The strategy must encompass schooling at all levels, but the Covenant requires States parties to prioritize primary education (see para. 51). “[A]ctively pursued” suggests that the overall strategy should attract a degree of governmental priority and, in any event, must be implemented with vigour. E/C.12/1999/10 page 7","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","material conditions of teaching staff"]},{"id":"e-c-12-1999-10-0026","docId":"e-c-12-1999-10","idx":26,"n":26,"text":"The requirement that “an adequate fellowship system shall be established” should be read with the Covenant’s non-discrimination and equality provisions; the fellowship system should enhance equality of educational access for individuals from disadvantaged groups.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","material conditions of teaching staff"]},{"id":"e-c-12-1999-10-0027","docId":"e-c-12-1999-10","idx":27,"n":27,"text":"27. While the Covenant requires that “the material conditions of teaching staff shall be continuously improved”, in practice the general working conditions of teachers have deteriorated, and reached unacceptably low levels, in many States parties in recent years. Not only is this inconsistent with article 13 (2) (e), but it is also a major obstacle to the full realization of students’ right to education. The Committee also notes the relationship between articles 13 (2) (e), 2 (2), 3 and 6-8 of the Covenant, including the right of teachers to organize and bargain collectively; draws the attention of States parties to the joint UNESCO-ILO Recommendation Concerning the Status of Teachers (1966) and the UNESCO Recommendation Concerning the Status of Higher-Education Teaching Personnel (1997); and urges States parties to report on measures they are taking to ensure that all teaching staff enjoy the conditions and status commensurate with their role.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","material conditions of teaching staff"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0028","docId":"e-c-12-1999-10","idx":28,"n":28,"text":"Article 13 (3) has two elements, one of which is that States parties undertake to respect the liberty of parents and guardians to ensure the religious and moral education of their children in conformity with their own convictions.[[fn:14]] The Committee is of the view that this element of article 13 (3) permits public school instruction in subjects such as the general history of religions and ethics if it is given in an unbiased and objective way, respectful of the freedoms of opinion, conscience and expression. It notes that public education that includes instruction in a particular religion or belief is inconsistent with article 13 (3) unless provision is made for non-discriminatory exemptions or alternatives that would accommodate the wishes of parents and guardians.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":14,"text":"This replicates article 18 (4) of the International Covenant on Civil and Political Rights(ICCPR) and also relates to the freedom to teach a religion or belief as stated in article 18 (1)ICCPR. (See Human Rights Committee General Comment 22 on article 18 ICCPR,forty-eighth session, 1993.) The Human Rights Committee notes that the fundamental characterof article 18 ICCPR is reflected in the fact that this provision cannot be derogated from, even intime of public emergency, as stated in article 4 (2) of that Covenant."}],"section":["1.  Normative content of article 13","Article 13 (3) and (4):  The right to educational freedom"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0029","docId":"e-c-12-1999-10","idx":29,"n":29,"text":"The second element of article 13 (3) is the liberty of parents and guardians to choose other than public schools for their children, provided the schools conform to “such minimum educational standards as may be laid down or approved by the State”. This has to be read with the complementary provision, article 13 (4), which affirms “the liberty of individuals and bodies to establish and direct educational institutions”, provided the institutions conform to the educational objectives set out in article 13 (1) and certain minimum standards. These minimum standards may relate to issues such as admission, curricula and the recognition of certificates. In their turn, these standards must be consistent with the educational objectives set out in article 13 (1).","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (3) and (4):  The right to educational freedom"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"4","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0030","docId":"e-c-12-1999-10","idx":30,"n":30,"text":"30. Under article 13 (4), everyone, including nonnationals, has the liberty to establish and direct educational institutions. The liberty also extends to “bodies”, i.e. legal persons or entities. It includes the right to establish and direct all types of educational institutions, including nurseries, universities and institutions for adult education. Given the principles of nondiscrimination, equal opportunity and effective participation in society for all, the State has an obligation to ensure that the liberty set out in article 13 (4) does not lead to extreme disparities of educational opportunity for some groups in society.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (3) and (4):  The right to educational freedom"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"4","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"4","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0031","docId":"e-c-12-1999-10","idx":31,"n":31,"text":"The prohibition against discrimination enshrined in article 2 (2) of the Covenant is subject to neither progressive realization nor the availability of resources; it applies fully and immediately to all aspects of education and encompasses all internationally prohibited grounds of discrimination. The Committee interprets articles 2 (2) and 3 in the light of the UNESCO Convention against Discrimination in Education, the relevant provisions of the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child and the ILO Indigenous and Tribal Peoples Convention, 1989 (Convention No. 169), and wishes to draw particular attention to the following issues.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"],"citedArticles":[{"article":"2","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'article 2 (2) of the Covenant' — home_treaty=ICESCR; 'the Covenant' is ICESCR."},{"article":"2","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Second reference: 'articles 2 (2) and 3' — again ICESCR in this CESCR document."},{"article":"3","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'articles 2 (2) and 3' together — home_treaty=ICESCR; ICESCR art. 3 is equal rights of men and women."}]},{"id":"e-c-12-1999-10-0032","docId":"e-c-12-1999-10","idx":32,"n":32,"text":"The adoption of temporary special measures intended to bring about de facto equality for men and women and for disadvantaged groups is not a violation of the right to non-discrimination with regard to education, so long as such measures do not lead to the maintenance of unequal or separate standards for different groups, and provided they are not continued after the objectives for which they were taken have been achieved.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"]},{"id":"e-c-12-1999-10-0033","docId":"e-c-12-1999-10","idx":33,"n":33,"text":"In some circumstances, separate educational systems or institutions for groups defined by the categories in article 2 (2) shall be deemed not to constitute a breach of the Covenant. In this regard, the Committee affirms article 2 of the UNESCO Convention against Discrimination in Education (1960).[[fn:15]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":15,"text":"According to article 2:“When permitted in a State, the following situations shall not be deemed to constitutediscrimination, within the meaning of article 1 of this Convention:(a)The establishment or maintenance of separate educational systems orinstitutions for pupils of the two sexes, if these systems or institutions offer equivalentaccess to education, provide a teaching staff with qualifications of the same standard aswell as school premises and equipment of the same quality, and afford the opportunity totake the same or equivalent courses of study;(b)The establishment or maintenance, for religious or linguistic reasons, ofseparate educational systems or institutions offering an education which is in keepingwith the wishes of the pupil’s parents or legal guardians, if participation in such systemsor attendance at such institutions is optional and if the education provided conforms tosuch standards as may be laid down or approved by the competent authorities, inparticular for education of the same level;(c)The establishment or maintenance of private educational institutions, if theobject of the institutions is not to secure the exclusion of any group but to provideeducational facilities in addition to those provided by the public authorities, if theinstitutions are conducted in accordance with that object, and if the education providedconforms with such standards as may be laid down or approved by the competentauthorities, in particular for education of the same level.”"}],"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0034","docId":"e-c-12-1999-10","idx":34,"n":34,"text":"The Committee takes note of article 2 of the Convention on the Rights of the Child and article 3 (e) of the UNESCO Convention against Discrimination in Education and confirms that the principle of non-discrimination extends to all persons of school age residing in the territory of a State party, including non-nationals, and irrespective of their legal status.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0035","docId":"e-c-12-1999-10","idx":35,"n":35,"text":"Sharp disparities in spending policies that result in differing qualities of education for persons residing in different geographic locations may constitute discrimination under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"]},{"id":"e-c-12-1999-10-0036","docId":"e-c-12-1999-10","idx":36,"n":36,"text":"The Committee affirms paragraph 35 of its General Comment 5, which addresses the issue of persons with disabilities in the context of the right to education, and paragraphs 36-42 of its General Comment 6, which address the issue of older persons in relation to articles 13-15 of the Covenant.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0037","docId":"e-c-12-1999-10","idx":37,"n":37,"text":"37. States parties must closely monitor education including all relevant policies, institutions, programmes, spending patterns and other practices so as to identify and take measures to redress any de facto discrimination. Educational data should be disaggregated by the prohibited grounds of discrimination.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":16,"text":"See UNESCO Recommendation Concerning the Status of Higher-Education TeachingPersonnel (1997)."}],"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"]},{"id":"e-c-12-1999-10-0038","docId":"e-c-12-1999-10","idx":38,"n":38,"text":"In the light of its examination of numerous States parties’ reports, the Committee has formed the view that the right to education can only be enjoyed if accompanied by the academic freedom of staff and students. Accordingly, even though the issue is not explicitly mentioned in article 13, it is appropriate and necessary for the Committee to make some observations about academic freedom. The following remarks give particular attention to institutions of higher education because, in the Committee’s experience, staff and students in higher education are especially vulnerable to political and other pressures which undermine academic freedom. The Committee wishes to emphasize, however, that staff and students throughout the education sector are entitled to academic freedom and many of the following observations have general application.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Academic freedom and institutional autonomy 16"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0039","docId":"e-c-12-1999-10","idx":39,"n":39,"text":"Members of the academic community, individually or collectively, are free to pursue, develop and transmit knowledge and ideas, through research, teaching, study, discussion, documentation, production, creation or writing. Academic freedom includes the liberty of individuals to express freely opinions about the institution or system in which they work, to fulfil their functions without discrimination or fear of repression by the State or any other actor, to participate in professsional or representative academic bodies, and to enjoy all the internationally recognized human rights applicable to other individuals in the same jurisdiction. The enjoyment of academic freedom carries with it obligations, such as the duty to respect the academic freedom of others, to ensure the fair discussion of contrary views, and to treat all without discrimination on any of the prohibited grounds.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Academic freedom and institutional autonomy 16"]},{"id":"e-c-12-1999-10-0040","docId":"e-c-12-1999-10","idx":40,"n":40,"text":"The enjoyment of academic freedom requires the autonomy of institutions of higher education. Autonomy is that degree of self-governance necessary for effective decision-making by institutions of higher education in relation to their academic work, standards, management and related activities. Self-governance, however, must be consistent with systems of public accountability, especially in respect of funding provided by the State. Given the substantial public investments made in higher education, an appropriate balance has to be struck between institutional autonomy and accountability. While there is no single model, institutional arrangements should be fair, just and equitable, and as transparent and participatory as possible. Discipline in schools[[fn:17]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":17,"text":"In formulating this paragraph, the Committee has taken note of the practice evolvingelsewhere in the international human rights system, such as the interpretation given by theCommittee on the Rights of the Child to article 28 (2) of the Convention on the Rights of theChild, as well as the Human Rights Committee’s interpretation of article 7 of ICCPR."}],"section":["1.  Normative content of article 13","Academic freedom and institutional autonomy 16"]},{"id":"e-c-12-1999-10-0041","docId":"e-c-12-1999-10","idx":41,"n":41,"text":"41. In the Committee’s view, corporal punishment is inconsistent with the fundamental guiding principle of international human rights law enshrined in the Preambles to the Universal Declaration of Human Rights and both Covenants: the dignity of the individual. Other aspects of school discipline may also be inconsistent with human dignity, such as public humiliation. Nor should any form of discipline breach other rights under the Covenant, such as the right to food. A State party is required to take measures to ensure that discipline which is inconsistent with the Covenant does not occur in any public or private educational institution within its jurisdiction. The Committee welcomes initiatives taken by some States parties which actively encourage schools to introduce “positive”, nonviolent approaches to school discipline.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":18,"text":"The Committee notes that, although it is absent from article 26 (2) of the Declaration, thedrafters of ICESCR expressly included the dignity of the human personality as one of themandatory objectives to which all education is to be directed (art. 13 (1))."}],"section":["1.  Normative content of article 13","Discipline in schools 17"],"citedArticles":[{"article":"13","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text references 'any form of discipline breach other rights under the Covenant, such as the right to food' and 'article 13' in the limitations heading context; ICESCR article 13 on education."}]},{"id":"e-c-12-1999-10-0042","docId":"e-c-12-1999-10","idx":42,"n":42,"text":"The Committee wishes to emphasize that the Covenant's limitations clause, article 4, is primarily intended to be protective of the rights of individuals rather than permissive of the imposition of limitations by the State. Consequently, a State party which closes a university or other educational institution on grounds such as national security or the preservation of public order has the burden of justifying such a serious measure in relation to each of the elements identified in article 4. General legal obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Limitations on article 13"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-1999-10-0043","docId":"e-c-12-1999-10","idx":43,"n":43,"text":"While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect.[[fn:19]] States parties have immediate obligations in relation to the right to education, such as the “guarantee” that the right “will be exercised without discrimination of any kind” (art.2 (2)) and the obligation “to take steps” (art. 2 (1)) towards the full realization of article 13.[[fn:20]] Such steps must be “deliberate, concrete and targeted” towards the full realization of the right to education.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":19,"text":"See the Committee’s General Comment 3, para. 1."},{"n":20,"text":"See the Committee’s General Comment 3, para. 2."}],"section":["2.  States parties’ obligations and violations","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0044","docId":"e-c-12-1999-10","idx":44,"n":44,"text":"The realization of the right to education over time, that is “progressively”, should not be interpreted as depriving States parties’ obligations of all meaningful content. Progressive realization means that States parties have a specific and continuing obligation “to move as expeditiously and effectively as possible” towards the full realization of article 13.[[fn:21]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":21,"text":"See the Committee’s General Comment 3, para. 9."}],"section":["2.  States parties’ obligations and violations","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0045","docId":"e-c-12-1999-10","idx":45,"n":45,"text":"There is a strong presumption of impermissibility of any retrogressive measures taken in relation to the right to education, as well as other rights enunciated in the Covenant. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the State party’s maximum available resources.[[fn:22]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":22,"text":"See the Committee’s General Comment 3, para. 9."}],"section":["2.  States parties’ obligations and violations","General legal obligations"]},{"id":"e-c-12-1999-10-0046","docId":"e-c-12-1999-10","idx":46,"n":46,"text":"The right to education, like all human rights, imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","General legal obligations"]},{"id":"e-c-12-1999-10-0047","docId":"e-c-12-1999-10","idx":47,"n":47,"text":"The obligation to respect requires States parties to avoid measures that hinder or prevent the enjoyment of the right to education. The obligation to protect requires States parties to take measures that prevent third parties from interfering with the enjoyment of the right to education. The obligation to fulfil (facilitate) requires States to take positive measures that enable and assist individuals and communities to enjoy the right to education. Finally, States parties have an obligation to fulfil (provide) the right to education. As a general rule, States parties are obliged to fulfil (provide) a specific right in the Covenant when an individual or group is unable, for reasons beyond their control, to realize the right themselves by the means at their disposal. However, the extent of this obligation is always subject to the text of the Covenant. E/C.12/1999/10 page 11","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","General legal obligations"]},{"id":"e-c-12-1999-10-0048","docId":"e-c-12-1999-10","idx":48,"n":48,"text":"In this respect, two features of article 13 require emphasis. First, it is clear that article 13 regards States as having principal responsibility for the direct provision of education in most circumstances; States parties recognize, for example, that the “development of a system of schools at all levels shall be actively pursued” (art. 13 (2) (e)). Secondly, given the differential wording of article 13 (2) in relation to primary, secondary, higher and fundamental education, the parameters of a State party's obligation to fulfil (provide) are not the same for all levels of education. Accordingly, in light of the text of the Covenant, States parties have an enhanced obligation to fulfil (provide) regarding the right to education, but the extent of this obligation is not uniform for all levels of education. The Committee observes that this interpretation of the obligation to fulfil (provide) in relation to article 13 coincides with the law and practice of numerous States parties. Specific legal obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0049","docId":"e-c-12-1999-10","idx":49,"n":49,"text":"States parties are required to ensure that curricula, for all levels of the educational system, are directed to the objectives identified in article 13 (1). [[fn:23]] They are also obliged to establish and maintain a transparent and effective system which monitors whether or not education is, in fact, directed to the educational objectives set out in article 13 (1).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":23,"text":"There are numerous resources to assist States parties in this regard, such as UNESCO’sGuidelines for Curriculum and Textbook Development in International Education(ED/ECS/HCI). One of the objectives of article 13 (1) is to “strengthen the respect of humanrights and fundamental freedoms”; in this particular context, States parties should examine theinitiatives developed within the framework of the United Nations Decade for Human RightsEducation - especially instructive is the Plan of Action for the Decade, adopted by theGeneral Assembly in 1996, and the Guidelines for National Plans of Action for Human RightsEducation, developed by the Office of the High Commissioner for Human Rights to assist Statesin responding to the United Nations Decade for Human Rights Education."}],"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0050","docId":"e-c-12-1999-10","idx":50,"n":50,"text":"In relation to article 13 (2), States have obligations to respect, protect and fulfil each of the “essential features” (availability, accessibility, acceptability, adaptability) of the right to education. By way of illustration, a State must respect the availability of education by not closing private schools; protect the accessibility of education by ensuring that third parties, including parents and employers, do not stop girls from going to school; fulfil (facilitate) the acceptability of education by taking positive measures to ensure that education is culturally appropriate for minorities and indigenous peoples, and of good quality for all; fulfil (provide) the adaptability of education by designing and providing resources for curricula which reflect the contemporary needs of students in a changing world; and fulfil (provide) the availability of education by actively developing a system of schools, including building classrooms, delivering programmes, providing teaching materials, training teachers and paying them domestically competitive salaries.","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0051","docId":"e-c-12-1999-10","idx":51,"n":51,"text":"As already observed, the obligations of States parties in relation to primary, secondary, higher and fundamental education are not identical. Given the wording of article 13 (2), States parties are obliged to prioritize the introduction of compulsory, free primary education.[[fn:24]] This interpretation of article 13 (2) is reinforced by the priority accorded to primary education in article 14. The obligation to provide primary education for all is an immediate duty of all States parties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":24,"text":"On the meaning of “compulsory” and “free”, see paragraphs 6 and 7 of General Comment 11on article 14."}],"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-10-0052","docId":"e-c-12-1999-10","idx":52,"n":52,"text":"In relation to article 13 (2) (b)-(d), a State party has an immediate obligation “to take steps” (art. 2 (1)) towards the realization of secondary, higher and fundamental education for all those within its jurisdiction. At a minimum, the State party is required to adopt and implement a national educational strategy which includes the provision of secondary, higher and fundamental education in accordance with the Covenant. This strategy should include mechanisms, such as indicators and benchmarks on the right to education, by which progress can be closely monitored. E/C.12/1999/10 page 12","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0053","docId":"e-c-12-1999-10","idx":53,"n":53,"text":"Under article 13 (2) (e), States parties are obliged to ensure that an educational fellowship system is in place to assist disadvantaged groups.[[fn:25]] The obligation to pursue actively the “development of a system of schools at all levels” reinforces the principal responsibility of States parties to ensure the direct provision of the right to education in most circumstances.[[fn:26]]","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":25,"text":"In appropriate cases, such a fellowship system would be an especially appropriate target forthe international assistance and cooperation anticipated by article 2 (1)."},{"n":26,"text":"In the context of basic education, UNICEF has observed: “Only the State … can pull togetherall the components into a coherent but flexible education system”. UNICEF, The State of theWorld’s Children, 1999, “The education revolution”, p. 77."}],"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0054","docId":"e-c-12-1999-10","idx":54,"n":54,"text":"States parties are obliged to establish “minimum educational standards” to which all educational institutions established in accordance with article 13 (3) and (4) are required to conform. They must also maintain a transparent and effective system to monitor such standards. A State party has no obligation to fund institutions established in accordance with article 13 (3) and (4); however, if a State elects to make a financial contribution to private educational institutions, it must do so without discrimination on any of the prohibited grounds.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0055","docId":"e-c-12-1999-10","idx":55,"n":55,"text":"States parties have an obligation to ensure that communities and families are not dependent on child labour. The Committee especially affirms the importance of education in eliminating child labour and the obligations set out in article 7 (2) of the Worst Forms of Child Labour Convention, 1999 (Convention No. 182).[[fn:27]] Additionally, given article 2 (2), States parties are obliged to remove gender and other stereotyping which impedes the educational access of girls, women and other disadvantaged groups.","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":27,"text":"According to article 7 (2), “(e)ach Member shall, taking into account the importance ofeducation in eliminating child labour, take effective and time-bound measures to: (c) ensureaccess to free basic education, and, wherever possible and appropriate, vocational training, for allchildren removed from the worst forms of child labour” (ILO Convention 182, Worst Forms ofChild Labour, 1999)."}],"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"7","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0056","docId":"e-c-12-1999-10","idx":56,"n":56,"text":"In its General Comment 3, the Committee drew attention to the obligation of all States parties to take steps, “individually and through international assistance and cooperation, especially economic and technical”, towards the full realization of the rights recognized in the Covenant, such as the right to education.[[fn:28]] Articles 2 (1) and 23 of the Covenant, Article 56 of the Charter of the United Nations, article 10 of the World Declaration on Education for All, and Part I, paragraph 34 of the Vienna Declaration and Programme of Action all reinforce the obligation of States parties in relation to the provision of international assistance and cooperation for the full realization of the right to education. In relation to the negotiation and ratification of international agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to education. Similarly, States parties have an obligation to ensure that their actions as members of international organizations, including international financial institutions, take due account of the right to education.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":28,"text":"See the Committee’s General Comment 3, paras. 13-14."}],"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"article":"2","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'Articles 2 (1) and 23 of the Covenant' on international cooperation; ICESCR art.2(1) on progressive realisation."},{"article":"23","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Same 'Articles 2 (1) and 23 of the Covenant'; ICESCR art.23 on international action."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Explicitly 'Article 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"10","treaty":"?","confidence":"high","source":"opus","rationale":"'article 10 of the World Declaration on Education for All'; non-treaty declaration."}]},{"id":"e-c-12-1999-10-0057","docId":"e-c-12-1999-10","idx":57,"n":57,"text":"In its General Comment 3, the Committee confirmed that States parties have “a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels” of each of the rights enunciated in the Covenant, including “the most basic forms of education”. In the context of article 13, this core includes an obligation: to ensure the right of access to public educational institutions and programmes on a non-discriminatory basis; to ensure that education conforms to the objectives set out in article 13 (1); to provide primary education for all in accordance with article 13 (2) (a); to adopt and implement a national educational strategy which includes provision for secondary, higher and fundamental education; and to ensure free choice of education without interference from the State or third parties, subject to conformity with “minimum educational standards” (art. 13 (3) and (4)). Violations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0058","docId":"e-c-12-1999-10","idx":58,"n":58,"text":"When the normative content of article 13 (Part I) is applied to the general and specific obligations of States parties (Part II), a dynamic process is set in motion which facilitates E/C.12/1999/10 page 13 identification of violations of the right to education. Violations of article 13 may occur through the direct action of States parties (acts of commission) or through their failure to take steps required by the Covenant (acts of omission).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Violations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0059","docId":"e-c-12-1999-10","idx":59,"n":59,"text":"By way of illustration, violations of article 13 include: the introduction or failure to repeal legislation which discriminates against individuals or groups, on any of the prohibited grounds, in the field of education; the failure to take measures which address de facto educational discrimination; the use of curricula inconsistent with the educational objectives set out in article 13 (1); the failure to maintain a transparent and effective system to monitor conformity with article 13 (1); the failure to introduce, as a matter of priority, primary education which is compulsory and available free to all; the failure to take “deliberate, concrete and targeted” measures towards the progressive realization of secondary, higher and fundamental education in accordance with article 13 (2) (b)-(d); the prohibition of private educational institutions; the failure to ensure private educational institutions conform to the “minimum educational standards” required by article 13 (3) and (4); the denial of academic freedom of staff and students; the closure of educational institutions in times of political tension in non-conformity with article 4.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Violations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-1999-10-0060","docId":"e-c-12-1999-10","idx":60,"n":60,"text":"60. Given article 22 of the Covenant, the role of the United Nations agencies, including at the country level through the United Nations Development Assistance Framework (UNDAF), is of special importance in relation to the realization of article 13. Coordinated efforts for the realization of the right to education should be maintained to improve coherence and interaction among all the actors concerned, including the various components of civil society. UNESCO, the United Nations Development Programme, UNICEF, ILO, the World Bank, the regional development banks, the International Monetary Fund and other relevant bodies within the United Nations system should enhance their cooperation for the implementation of the right to education at the national level, with due respect to their specific mandates, and building on their respective expertise. In particular, the international financial institutions, notably the World Bank and IMF, should pay greater attention to the protection of the right to education in their lending policies, credit agreements, structural adjustment programmes and measures taken in response to the debt crisis. When examining the reports of States parties, the Committee will consider the effects of the assistance provided by all actors other than States parties on the ability of States to meet their obligations under article 13. The adoption of a human rightsbased approach by United Nations specialized agencies, programmes and bodies will greatly facilitate implementation of the right to education.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":29,"text":"See the Committee’s General Comment 2, para. 9.-----"}],"section":["3.  Obligations of actors other than States parties"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-2000-4-0001","docId":"e-c-12-2000-4","idx":1,"n":1,"text":"Health is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity. The realization of the right to health may be pursued through numerous, complementary approaches, such as the formulation of health policies, or the implementation of health programmes developed by the World Health Organization (WHO), or the adoption of specific legal instruments. Moreover, the right to health includes certain components which are legally enforceable.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":1,"text":"For example, the principle of non-discrimination in relation to health facilities, goods andservices is legally enforceable in numerous national jurisdictions."}],"section":["standard of health (art. 12)"]},{"id":"e-c-12-2000-4-0002","docId":"e-c-12-2000-4","idx":2,"n":2,"text":"2. The human right to health is recognized in numerous international instruments. Article 25.1 of the Universal Declaration of Human Rights affirms: “Everyone has the right to a standard of living adequate for the health of himself and of his family, including food, clothing, housing and medical care and necessary social services”. The International Covenant on Economic, Social and Cultural Rights provides the most comprehensive article on the right to","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":2,"text":"In its resolution 1989/11."},{"n":3,"text":"The Principles for the Protection of Persons with Mental Illness and for the Improvementof Mental Health Care adopted by the United Nations General Assembly in 1991(resolution 46/119) and the Committee’s General Comment No. 5 on persons with disabilitiesapply to persons with mental illness; the Programme of Action of the International Conferenceon Population and Development held at Cairo in 1994, as well as the Declaration andProgramme for Action of the Fourth World Conference on Women held in Beijing in 1995contain definitions of reproductive health and women’s health, respectively."}],"section":["standard of health (art. 12)"],"citedArticles":[{"article":"25","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 25.1 to 'the Universal Declaration of Human Rights' — non-binding instrument."},{"article":"12","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 12.1 of the Covenant' (ICESCR) — right to highest attainable standard of health."},{"article":"12","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Same ICESCR Covenant context: 'article 12.2 enumerates … steps to be taken'."},{"article":"5","paragraph":"e","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5 (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"11","paragraph":"1","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text expressly cites 'articles 11.1 (f) and 12 of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"24","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 24 of the Convention on the Rights of the Child of 1989'."},{"article":"11","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 11 to the European Social Charter — regional instrument outside coded list."},{"article":"16","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 16 to the African Charter on Human and Peoples' Rights — regional instrument outside coded list."},{"article":"10","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 10 to the Additional Protocol to the American Convention (San Salvador Protocol) — regional instrument outside coded list."}]},{"id":"e-c-12-2000-4-0003","docId":"e-c-12-2000-4","idx":3,"n":3,"text":"The right to health is closely related to and dependent upon the realization of other human rights, as contained in the International Bill of Rights, including the rights to food, housing, work, education, human dignity, life, non-discrimination, equality, the prohibition against torture, privacy, access to information, and the freedoms of association, assembly and movement. These and other rights and freedoms address integral components of the right to health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["standard of health (art. 12)"]},{"id":"e-c-12-2000-4-0004","docId":"e-c-12-2000-4","idx":4,"n":4,"text":"In drafting article 12 of the Covenant, the Third Committee of the United Nations General Assembly did not adopt the definition of health contained in the preamble to the Constitution of WHO, which conceptualizes health as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”. However, the reference in article 12.1 of the Covenant to “the highest attainable standard of physical and mental health” is not confined to the right to health care. On the contrary, the drafting history and the express wording of article 12.2 acknowledge that the right to health embraces a wide range of socio-economic factors that promote conditions in which people can lead a healthy life, and extends to the underlying determinants of health, such as food and nutrition, housing, access to safe and potable water and adequate sanitation, safe and healthy working conditions, and a healthy environment.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["standard of health (art. 12)"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0005","docId":"e-c-12-2000-4","idx":5,"n":5,"text":"The Committee is aware that, for millions of people throughout the world, the full enjoyment of the right to health still remains a distant goal. Moreover, in many cases, especially for those living in poverty, this goal is becoming increasingly remote. The Committee recognizes the formidable structural and other obstacles resulting from international and other factors beyond the control of States that impede the full realization of article 12 in many States parties.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["standard of health (art. 12)"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0006","docId":"e-c-12-2000-4","idx":6,"n":6,"text":"6. With a view to assisting States parties’ implementation of the Covenant and the fulfilment of their reporting obligations, this General Comment focuses on the normative content of article 12 (Part I), States parties’ obligations (Part II), violations (Part III) and implementation","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["standard of health (art. 12)"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0007","docId":"e-c-12-2000-4","idx":7,"n":7,"text":"Article 12.1 provides a definition of the right to health, while article 12.2 enumerates illustrative, non-exhaustive examples of States parties’ obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["1.  Normative content of article 12"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0008","docId":"e-c-12-2000-4","idx":8,"n":8,"text":"The right to health is not to be understood as a right to be healthy. The right to health contains both freedoms and entitlements. The freedoms include the right to control one’s health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation. By contrast, the entitlements include the right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["1.  Normative content of article 12"]},{"id":"e-c-12-2000-4-0009","docId":"e-c-12-2000-4","idx":9,"n":9,"text":"The notion of “the highest attainable standard of health” in article 12.1 takes into account both the individual’s biological and socio-economic preconditions and a State’s available resources. There are a number of aspects which cannot be addressed solely within the relationship between States and individuals; in particular, good health cannot be ensured by a State, nor can States provide protection against every possible cause of human ill health. Thus, genetic factors, individual susceptibility to ill health and the adoption of unhealthy or risky lifestyles may play an important role with respect to an individual’s health. Consequently, the right to health must be understood as a right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the realization of the highest attainable standard of health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["1.  Normative content of article 12"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0010","docId":"e-c-12-2000-4","idx":10,"n":10,"text":"Since the adoption of the two International Covenants in 1966 the world health situation has changed dramatically and the notion of health has undergone substantial changes and has also widened in scope. More determinants of health are being taken into consideration, such as resource distribution and gender differences. A wider definition of health also takes into account such socially-related concerns as violence and armed conflict.[[fn:4]] Moreover, formerly unknown diseases, such as Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (HIV/AIDS), and others that have become more widespread, such as cancer, as well as the rapid growth of the world population, have created new obstacles for the realization of the right to health which need to be taken into account when interpreting article 12.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":4,"text":"Common article 3 of the Geneva Conventions for the protection of war victims (1949);Additional Protocol I (1977) relating to the Protection of Victims of International ArmedConflicts, art. 75 (2) (a); Additional Protocol II (1977) relating to the Protection of Victims ofNon-International Armed Conflicts, art. 4 (a)."}],"section":["1.  Normative content of article 12"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0011","docId":"e-c-12-2000-4","idx":11,"n":11,"text":"The Committee interprets the right to health, as defined in article 12.1, as an inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related education and information, including on sexual and reproductive health. A further important aspect is the participation of the population in all health-related decision-making at the community, national and international levels. E/C.12/2000/4 page 4","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["1.  Normative content of article 12"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0012","docId":"e-c-12-2000-4","idx":12,"n":12,"text":"12. The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:","labels":["Indigenous peoples","Women/girls","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":5,"text":"See WHO Model List of Essential Drugs, revised December 1999, WHO Drug Information,vol. 13, No. 4, 1999."},{"n":6,"text":"Unless expressly provided otherwise, any reference in this General Comment to healthfacilities, goods and services includes the underlying determinants of health outlined in paras. 11and 12 (a) of this General Comment."},{"n":7,"text":"See paras. 18 and 19 of this General Comment."},{"n":8,"text":"See article 19.2 of the International Covenant on Civil and Political Rights. This GeneralComment gives particular emphasis to access to information because of the special importanceof this issue in relation to health."}],"section":["1.  Normative content of article 12"]},{"id":"e-c-12-2000-4-0013","docId":"e-c-12-2000-4","idx":13,"n":13,"text":"The non-exhaustive catalogue of examples in article 12.2 provides guidance in defining the action to be taken by States. It gives specific generic examples of measures arising from the broad definition of the right to health contained in article 12.1, thereby illustrating the content of that right, as exemplified in the following paragraphs.[[fn:9]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":9,"text":"In the literature and practice concerning the right to health, three levels of health care arefrequently referred to: primary health care typically deals with common and relatively minor"}],"section":["1.  Normative content of article 12"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0014","docId":"e-c-12-2000-4","idx":14,"n":14,"text":"“The provision for the reduction of the stillbirth rate and of infant mortality and for the healthy development of the child” (art. 12.2 (a))[[fn:10]] may be understood as requiring measures to improve child and maternal health, sexual and reproductive health services, including access to family planning, pre- and post-natal care,[[fn:11]] emergency obstetric services and access to information, as well as to resources necessary to act on that information.[[fn:12]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":10,"text":"According to WHO, the stillbirth rate is no longer commonly used, infant and under-fivemortality rates being measured instead."},{"n":11,"text":"Prenatal denotes existing or occurring before birth; perinatal refers to the period shortlybefore and after birth (in medical statistics the period begins with the completion of 28 weeks ofgestation and is variously defined as ending one to four weeks after birth); neonatal, by contrast,covers the period pertaining to the first four weeks after birth; while post-natal denotesoccurrence after birth. In this General Comment, the more generic terms pre- and post-natal areexclusively employed."},{"n":12,"text":"Reproductive health means that women and men have the freedom to decide if and when toreproduce and the right to be informed and to have access to safe, effective, affordable andacceptable methods of family planning of their choice as well as the right of access toappropriate health-care services that will, for example, enable women to go safely throughpregnancy and childbirth."}],"section":["Article 12.2 (a):  The right to maternal, child and reproductive health"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0015","docId":"e-c-12-2000-4","idx":15,"n":15,"text":"“The improvement of all aspects of environmental and industrial hygiene” (art. 12.2 (b)) comprises, inter alia, preventive measures in respect of occupational accidents and diseases; the requirement to ensure an adequate supply of safe and potable water and basic sanitation; the prevention and reduction of the population’s exposure to harmful substances such as radiation and harmful chemicals or other detrimental environmental conditions that directly or indirectly impact upon human health.[[fn:13]] Furthermore, industrial hygiene refers to the minimization, so far as is reasonably practicable, of the causes of health hazards inherent in the working environment.[[fn:14]] Article 12.2 (b) also embraces adequate housing and safe and hygienic working conditions, an adequate supply of food and proper nutrition, and discourages the abuse of alcohol, and the use of tobacco, drugs and other harmful substances.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":13,"text":"The Committee takes note, in this regard, of Principle 1 of the Stockholm Declarationof 1972 which states: “Man has the fundamental right to freedom, equality and adequateconditions of life, in an environment of a quality that permits a life of dignity and well-being”,as well as of recent developments in international law, including General Assemblyresolution 45/94 on the need to ensure a healthy environment for the well-being of individuals;Principle 1 of the Rio Declaration; and regional human rights instruments such as article 10 ofthe San Salvador Protocol to the American Convention on Human Rights."},{"n":14,"text":"ILO Convention No. 155, art. 4.2."}],"section":["Article 12.2 (b):  The right to healthy natural and workplace environments"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0016","docId":"e-c-12-2000-4","idx":16,"n":16,"text":"“The prevention, treatment and control of epidemic, endemic, occupational and other diseases” (art. 12.2 (c)) requires the establishment of prevention and education programmes for behaviour-related health concerns such as sexually transmitted diseases, in particular HIV/AIDS, and those adversely affecting sexual and reproductive health, and the promotion of social determinants of good health, such as environmental safety, education, economic development and gender equity. The right to treatment includes the creation of a system of urgent medical care in cases of accidents, epidemics and similar health hazards, and the provision of disaster relief and humanitarian assistance in emergency situations. The control of diseases refers to States’ individual and joint efforts to, inter alia, make available relevant technologies, using and E/C.12/2000/4 page 6 improving epidemiological surveillance and data collection on a disaggregated basis, the implementation or enhancement of immunization programmes and other strategies of infectious disease control.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Article 12.2 (c):  The right to prevention, treatment and control of diseases"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0017","docId":"e-c-12-2000-4","idx":17,"n":17,"text":"17. “The creation of conditions which would assure to all medical service and medical attention in the event of sickness” (art. 12.2 (d)), both physical and mental, includes the provision of equal and timely access to basic preventive, curative, rehabilitative health services and health education; regular screening programmes; appropriate treatment of prevalent diseases, illnesses, injuries and disabilities, preferably at community level; the provision of essential drugs; and appropriate mental health treatment and care. A further important aspect is the improvement and furtherance of participation of the population in the provision of preventive and curative health services, such as the organization of the health sector, the insurance system and, in particular, participation in political decisions relating to the right to health taken at both the community and national levels.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Article 12.2 (d):  The right to health facilities, goods and services 15"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0018","docId":"e-c-12-2000-4","idx":18,"n":18,"text":"By virtue of article 2.2 and article 3, the Covenant proscribes any discrimination in access to health care and underlying determinants of health, as well as to means and entitlements for their procurement, on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status (including HIV/AIDS), sexual orientation and civil, political, social or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to health. The Committee stresses that many measures, such as most strategies and programmes designed to eliminate health-related discrimination, can be pursued with minimum resource implications through the adoption, modification or abrogation of legislation or the dissemination of information. The Committee recalls General Comment No. 3, paragraph 12, which states that even in times of severe resource constraints, the vulnerable members of society must be protected by the adoption of relatively low-cost targeted programmes.","labels":["Persons with disabilities","Persons living with HIV/AIDS","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2000-4-0019","docId":"e-c-12-2000-4","idx":19,"n":19,"text":"19. With respect to the right to health, equality of access to health care and health services has to be emphasized. States have a special obligation to provide those who do not have sufficient means with the necessary health insurance and health-care facilities, and to prevent any discrimination on internationally prohibited grounds in the provision of health care and health services, especially with respect to the core obligations of the right to health. Inappropriate health resource allocation can lead to discrimination that may not be overt. For example, investments should not disproportionately favour expensive curative health services which are often accessible only to a small, privileged fraction of the population, rather than primary and preventive health care benefiting a far larger part of the population.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":16,"text":"For the core obligations, see paras. 43 and 44 of the present General Comments."}],"section":["Non-discrimination and equal treatment"]},{"id":"e-c-12-2000-4-0020","docId":"e-c-12-2000-4","idx":20,"n":20,"text":"20. The Committee recommends that States integrate a gender perspective in their healthrelated policies, planning, programmes and research in order to promote better health for both women and men. A gender-based approach recognizes that biological and socio-cultural factors play a significant role in influencing the health of men and women. The disaggregation of health and socio-economic data according to sex is essential for identifying and remedying inequalities in health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Gender perspective"]},{"id":"e-c-12-2000-4-0021","docId":"e-c-12-2000-4","idx":21,"n":21,"text":"To eliminate discrimination against women, there is a need to develop and implement a comprehensive national strategy for promoting women’s right to health throughout their life span. Such a strategy should include interventions aimed at the prevention and treatment of diseases affecting women, as well as policies to provide access to a full range of high quality and affordable health care, including sexual and reproductive services. A major goal should be reducing women’s health risks, particularly lowering rates of maternal mortality and protecting women from domestic violence. The realization of women’s right to health requires the removal of all barriers interfering with access to health services, education and information, including in the area of sexual and reproductive health. It is also important to undertake preventive, promotive and remedial action to shield women from the impact of harmful traditional cultural practices and norms that deny them their full reproductive rights. Children and adolescents","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Women and the right to health"]},{"id":"e-c-12-2000-4-0022","docId":"e-c-12-2000-4","idx":22,"n":22,"text":"Article 12.2 (a) outlines the need to take measures to reduce infant mortality and promote the healthy development of infants and children. Subsequent international human rights instruments recognize that children and adolescents have the right to the enjoyment of the highest standard of health and access to facilities for the treatment of illness.[[fn:17]] The Convention on the Rights of the Child directs States to ensure access to essential health services for the child and his or her family, including pre- and post-natal care for mothers. The Convention links these goals with ensuring access to child-friendly information about preventive and health-promoting behaviour and support to families and communities in implementing these practices. Implementation of the principle of non-discrimination requires that girls, as well as boys, have equal access to adequate nutrition, safe environments, and physical as well as mental health services. There is a need to adopt effective and appropriate measures to abolish harmful traditional practices affecting the health of children, particularly girls, including early marriage, female genital mutilation, preferential feeding and care of male children.[[fn:18]] Children with disabilities should be given the opportunity to enjoy a fulfilling and decent life and to participate within their community.","labels":["Women/girls","Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":17,"text":"Article 24.1 of the Convention on the Rights of the Child."},{"n":18,"text":"See World Health Assembly resolution WHA47.10, 1994, entitled “Maternal and child healthand family planning: traditional practices harmful to the health of women and children”."}],"section":["Children and adolescents"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0023","docId":"e-c-12-2000-4","idx":23,"n":23,"text":"States parties should provide a safe and supportive environment for adolescents, that ensures the opportunity to participate in decisions affecting their health, to build life-skills, to acquire appropriate information, to receive counselling and to negotiate the health-behaviour choices they make. The realization of the right to health of adolescents is dependent on the development of youth-friendly health care, which respects confidentiality and privacy and includes appropriate sexual and reproductive health services. E/C.12/2000/4 page 8","labels":["Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Children and adolescents"]},{"id":"e-c-12-2000-4-0024","docId":"e-c-12-2000-4","idx":24,"n":24,"text":"In all policies and programmes aimed at guaranteeing the right to health of children and adolescents their best interests shall be a primary consideration. Older persons","labels":["Children","Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Children and adolescents"]},{"id":"e-c-12-2000-4-0025","docId":"e-c-12-2000-4","idx":25,"n":25,"text":"With regard to the realization of the right to health of older persons, the Committee, in accordance with paragraphs 34 and 35 of General Comment No. 6 (1995), reaffirms the importance of an integrated approach, combining elements of preventive, curative and rehabilitative health treatment. Such measures should be based on periodical check-ups for both sexes; physical as well as psychological rehabilitative measures aimed at maintaining the functionality and autonomy of older persons; and attention and care for chronically and terminally ill persons, sparing them avoidable pain and enabling them to die with dignity. Persons with disabilities","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Older persons"]},{"id":"e-c-12-2000-4-0026","docId":"e-c-12-2000-4","idx":26,"n":26,"text":"The Committee reaffirms paragraph 34 of its General Comment No. 5, which addresses the issue of persons with disabilities in the context of the right to physical and mental health. Moreover, the Committee stresses the need to ensure that not only the public health sector but also private providers of health services and facilities comply with the principle of non-discrimination in relation to persons with disabilities. Indigenous peoples","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Persons with disabilities"]},{"id":"e-c-12-2000-4-0027","docId":"e-c-12-2000-4","idx":27,"n":27,"text":"In the light of emerging international law and practice and the recent measures taken by States in relation to indigenous peoples,[[fn:19]] the Committee deems it useful to identify elements that would help to define indigenous peoples’ right to health in order better to enable States with indigenous peoples to implement the provisions contained in article 12 of the Covenant. The Committee considers that indigenous peoples have the right to specific measures to improve their access to health services and care. These health services should be culturally appropriate, taking into account traditional preventive care, healing practices and medicines. States should provide resources for indigenous peoples to design, deliver and control such services so that they may enjoy the highest attainable standard of physical and mental health. The vital medicinal plants, animals and minerals necessary to the full enjoyment of health of indigenous peoples should also be protected. The Committee notes that, in indigenous communities, the health of the individual is often linked to the health of the society as a whole and has a collective dimension. In this respect, the Committee considers that development-related activities that lead to the displacement of indigenous peoples against their will from their traditional territories and environment, denying them their sources of nutrition and breaking their symbiotic relationship with their lands, has a deleterious effect on their health. Limitations","labels":["Indigenous peoples","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":19,"text":"Recent emerging international norms relevant to indigenous peoples include the ILOConvention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries(1989); articles 29 (c) and (d) and 30 of the Convention on the Rights of the Child (1989);article 8 (j) of the Convention on Biological Diversity (1992), recommending that States respect,preserve and maintain knowledge, innovation and practices of indigenous communities;Agenda 21 of the United Nations Conference on Environment and Development (1992), inparticular chapter 26; and Part I, paragraph 20, of the Vienna Declaration and Programme ofAction (1993), stating that States should take concerted positive steps to ensure respect for allhuman rights of indigenous people, on the basis of non-discrimination. See also the preambleand article 3 of the United Nations Framework Convention on Climate Change (1992); andarticle 10 (2) (e) of the United Nations Convention to Combat Desertification in CountriesExperiencing Serious Drought and/or Desertification, Particularly in Africa (1994). Duringrecent years an increasing number of States have changed their constitutions and introducedlegislation recognizing specific rights of indigenous peoples."}],"section":["Indigenous peoples"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0028","docId":"e-c-12-2000-4","idx":28,"n":28,"text":"Issues of public health are sometimes used by States as grounds for limiting the exercise of other fundamental rights. The Committee wishes to emphasize that the Covenant’s limitation clause, article 4, is primarily intended to protect the rights of individuals rather than to permit the imposition of limitations by States. Consequently a State party which, for example, restricts the movement of, or incarcerates, persons with transmissible diseases such as HIV/AIDS, refuses to E/CN.4/2000/4 page 9 allow doctors to treat persons believed to be opposed to a government, or fails to provide immunization against the community’s major infectious diseases, on grounds such as national security or the preservation of public order, has the burden of justifying such serious measures in relation to each of the elements identified in article 4. Such restrictions must be in accordance with the law, including international human rights standards, compatible with the nature of the rights protected by the Covenant, in the interest of legitimate aims pursued, and strictly necessary for the promotion of the general welfare in a democratic society.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Limitations"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-2000-4-0029","docId":"e-c-12-2000-4","idx":29,"n":29,"text":"In line with article 5.1, such limitations must be proportional, i.e. the least restrictive alternative must be adopted where several types of limitations are available. Even where such limitations on grounds of protecting public health are basically permitted, they should be of limited duration and subject to review. General legal obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Limitations"],"citedArticles":[{"treaty":"ICESCR","article":"5","source":"regex"}]},{"id":"e-c-12-2000-4-0030","docId":"e-c-12-2000-4","idx":30,"n":30,"text":"While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to health, such as the guarantee that the right will be exercised without discrimination of any kind (art. 2.2) and the obligation to take steps (art. 2.1) towards the full realization of article 12. Such steps must be deliberate, concrete and targeted towards the full realization of the right to health.[[fn:20]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":20,"text":"See General Comment No. 13, para. 43."}],"section":["General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0031","docId":"e-c-12-2000-4","idx":31,"n":31,"text":"The progressive realization of the right to health over a period of time should not be interpreted as depriving States parties’ obligations of all meaningful content. Rather, progressive realization means that States parties have a specific and continuing obligation to move as expeditiously and effectively as possible towards the full realization of article 12.[[fn:21]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":21,"text":"See General Comment No. 3, para. 9; General Comment No. 13, para. 44."}],"section":["General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0032","docId":"e-c-12-2000-4","idx":32,"n":32,"text":"As with all other rights in the Covenant, there is a strong presumption that retrogressive measures taken in relation to the right to health are not permissible. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant in the context of the full use of the State party’s maximum available resources.[[fn:22]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":22,"text":"See General Comment No. 3, para. 9; General Comment No. 13, para. 45."}],"section":["General legal obligations"]},{"id":"e-c-12-2000-4-0033","docId":"e-c-12-2000-4","idx":33,"n":33,"text":"33. The right to health, like all human rights, imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. In turn, the obligation to fulfil contains obligations to facilitate, provide and promote. The obligation to respect requires States to refrain from interfering directly or indirectly with the enjoyment of the right to health. The obligation to protect requires States to take measures that prevent third parties from interfering with article 12 guarantees. Finally, the obligation to fulfil requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards the full realization of the right to health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":23,"text":"According to General Comments Nos. 12 and 13, the obligation to fulfil incorporates anobligation to facilitate and an obligation to provide. In the present General Comment, theobligation to fulfil also incorporates an obligation to promote because of the critical importanceof health promotion in the work of WHO and elsewhere."}],"section":["General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0034","docId":"e-c-12-2000-4","idx":34,"n":34,"text":"In particular, States are under the obligation to respect the right to health by, inter alia, refraining from denying or limiting equal access for all persons, including prisoners or detainees, minorities, asylum seekers and illegal immigrants, to preventive, curative and palliative health services; abstaining from enforcing discriminatory practices as a State policy; and abstaining from imposing discriminatory practices relating to women’s health status and needs. Furthermore, obligations to respect include a State’s obligation to refrain from prohibiting or impeding traditional preventive care, healing practices and medicines, from marketing unsafe drugs and from applying coercive medical treatments, unless on an exceptional basis for the treatment of mental illness or the prevention and control of communicable diseases. Such exceptional cases should be subject to specific and restrictive conditions, respecting best practices and applicable international standards, including the Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care.[[fn:24]] In addition, States should refrain from limiting access to contraceptives and other means of maintaining sexual and reproductive health, from censoring, withholding or intentionally misrepresenting health-related information, including sexual education and information, as well as from preventing people’s participation in health-related matters. States should also refrain from unlawfully polluting air, water and soil, e.g. through industrial waste from State-owned facilities, from using or testing nuclear, biological or chemical weapons if such testing results in the release of substances harmful to human health, and from limiting access to health services as a punitive measure, e.g. during armed conflicts in violation of international humanitarian law.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":24,"text":"General Assembly resolution 46/119 (1991)."}],"section":["Specific legal obligations"]},{"id":"e-c-12-2000-4-0035","docId":"e-c-12-2000-4","idx":35,"n":35,"text":"Obligations to protect include, inter alia, the duties of States to adopt legislation or to take other measures ensuring equal access to health care and health-related services provided by third parties; to ensure that privatization of the health sector does not constitute a threat to the availability, accessibility, acceptability and quality of health facilities, goods and services; to control the marketing of medical equipment and medicines by third parties; and to ensure that medical practitioners and other health professionals meet appropriate standards of education, skill and ethical codes of conduct. States are also obliged to ensure that harmful social or traditional practices do not interfere with access to pre- and post-natal care and family-planning; to prevent third parties from coercing women to undergo traditional practices, e.g. female genital mutilation; and to take measures to protect all vulnerable or marginalized groups of society, in particular women, children, adolescents and older persons, in the light of gender-based expressions of violence. States should also ensure that third parties do not limit people’s access to health-related information and services.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Specific legal obligations"]},{"id":"e-c-12-2000-4-0036","docId":"e-c-12-2000-4","idx":36,"n":36,"text":"The obligation to fulfil requires States parties, inter alia, to give sufficient recognition to the right to health in the national political and legal systems, preferably by way of legislative implementation, and to adopt a national health policy with a detailed plan for realizing the right to health. States must ensure provision of health care, including immunization programmes against the major infectious diseases, and ensure equal access for all to the underlying determinants of health, such as nutritiously safe food and potable drinking water, basic sanitation and adequate housing and living conditions. Public health infrastructures should provide for sexual and reproductive health services, including safe motherhood, particularly in rural areas. States have to ensure the appropriate training of doctors and other medical personnel, the provision of a sufficient number of hospitals, clinics and other health-related facilities, and the E/CN.4/2000/4 page 11 promotion and support of the establishment of institutions providing counselling and mental health services, with due regard to equitable distribution throughout the country. Further obligations include the provision of a public, private or mixed health insurance system which is affordable for all, the promotion of medical research and health education, as well as information campaigns, in particular with respect to HIV/AIDS, sexual and reproductive health, traditional practices, domestic violence, the abuse of alcohol and the use of cigarettes, drugs and other harmful substances. States are also required to adopt measures against environmental and occupational health hazards and against any other threat as demonstrated by epidemiological data. For this purpose they should formulate and implement national policies aimed at reducing and eliminating pollution of air, water and soil, including pollution by heavy metals such as lead from gasoline. Furthermore, States parties are required to formulate, implement and periodically review a coherent national policy to minimize the risk of occupational accidents and diseases, as well as to provide a coherent national policy on occupational safety and health services.[[fn:25]]","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":25,"text":"Elements of such a policy are the identification, determination, authorization and control ofdangerous materials, equipment, substances, agents and work processes; the provision of healthinformation to workers and the provision, if needed, of adequate protective clothing andequipment; the enforcement of laws and regulations through adequate inspection; therequirement of notification of occupational accidents and diseases, the conduct of inquiries intoserious accidents and diseases, and the production of annual statistics; the protection of workersand their representatives from disciplinary measures for actions properly taken by them inconformity with such a policy; and the provision of occupational health services with essentiallypreventive functions. See ILO Occupational Safety and Health Convention, 1981 (No. 155) andOccupational Health Services Convention, 1985 (No. 161)."}],"section":["Specific legal obligations"]},{"id":"e-c-12-2000-4-0037","docId":"e-c-12-2000-4","idx":37,"n":37,"text":"The obligation to fulfil (facilitate) requires States inter alia to take positive measures that enable and assist individuals and communities to enjoy the right to health. States parties are also obliged to fulfil (provide) a specific right contained in the Covenant when individuals or a group are unable, for reasons beyond their control, to realize that right themselves by the means at their disposal. The obligation to fulfil (promote) the right to health requires States to undertake actions that create, maintain and restore the health of the population. Such obligations include: (i) fostering recognition of factors favouring positive health results, e.g. research and provision of information; (ii) ensuring that health services are culturally appropriate and that health care staff are trained to recognize and respond to the specific needs of vulnerable or marginalized groups; (iii) ensuring that the State meets its obligations in the dissemination of appropriate information relating to healthy lifestyles and nutrition, harmful traditional practices and the availability of services; (iv) supporting people in making informed choices about their health. International obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Specific legal obligations"]},{"id":"e-c-12-2000-4-0038","docId":"e-c-12-2000-4","idx":38,"n":38,"text":"In its General Comment No. 3, the Committee drew attention to the obligation of all States parties to take steps, individually and through international assistance and cooperation, especially economic and technical, towards the full realization of the rights recognized in the Covenant, such as the right to health. In the spirit of article 56 of the Charter of the United Nations, the specific provisions of the Covenant (articles 12, 2.1, 22 and 23) and the Alma-Ata Declaration on primary health care, States parties should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to health. In this regard, States parties are referred to the Alma-Ata Declaration which proclaims that the existing gross inequality in the health status of the people, particularly between developed and developing countries, as well as within countries, is politically, socially and economically unacceptable and is, therefore, of common concern to all countries.[[fn:26]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":26,"text":"Article II, Alma-Ata Declaration, Report of the International Conference on Primary HealthCare, Alma-Ata, 6-12 September 1978, in: World Health Organization, “Health for All” Series,No. 1, WHO, Geneva, 1978."}],"section":["International obligations"],"citedArticles":[{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Explicitly 'article 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"12","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'specific provisions of the Covenant (articles 12, 2.1, 22 and 23)' in CESCR GC14 on right to health; ICESCR art.12 is right to health."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Same Covenant enumeration; ICESCR art.2.1 on progressive realisation."}]},{"id":"e-c-12-2000-4-0039","docId":"e-c-12-2000-4","idx":39,"n":39,"text":"To comply with their international obligations in relation to article 12, States parties have to respect the enjoyment of the right to health in other countries, and to prevent third parties from violating the right in other countries, if they are able to influence these third parties by way of legal or political means, in accordance with the Charter of the United Nations and applicable international law. Depending on the availability of resources, States should facilitate access to E/C.12/2000/4 page 12 essential health facilities, goods and services in other countries, wherever possible and provide the necessary aid when required.[[fn:27]] States parties should ensure that the right to health is given due attention in international agreements and, to that end, should consider the development of further legal instruments. In relation to the conclusion of other international agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to health. Similarly, States parties have an obligation to ensure that their actions as members of international organizations take due account of the right to health. Accordingly, States parties which are members of international financial institutions, notably the International Monetary Fund, the World Bank, and regional development banks, should pay greater attention to the protection of the right to health in influencing the lending policies, credit agreements and international measures of these institutions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":27,"text":"See para. 45 of this General Comment."}],"section":["International obligations"],"citedArticles":[{"article":"12","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly references 'article 12' international obligations in the right to health context; ICESCR article 12 confirmed by document (CESCR GC14 on health)."}]},{"id":"e-c-12-2000-4-0040","docId":"e-c-12-2000-4","idx":40,"n":40,"text":"States parties have a joint and individual responsibility, in accordance with the Charter of the United Nations and relevant resolutions of the United Nations General Assembly and of the World Health Assembly, to cooperate in providing disaster relief and humanitarian assistance in times of emergency, including assistance to refugees and internally displaced persons. Each State should contribute to this task to the maximum of its capacities. Priority in the provision of international medical aid, distribution and management of resources, such as safe and potable water, food and medical supplies, and financial aid should be given to the most vulnerable or marginalized groups of the population. Moreover, given that some diseases are easily transmissible beyond the frontiers of a State, the international community has a collective responsibility to address this problem. The economically developed States parties have a special responsibility and interest to assist the poorer developing States in this regard.","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["International obligations"]},{"id":"e-c-12-2000-4-0041","docId":"e-c-12-2000-4","idx":41,"n":41,"text":"States parties should refrain at all times from imposing embargoes or similar measures restricting the supply of another State with adequate medicines and medical equipment. Restrictions on such goods should never be used as an instrument of political and economic pressure. In this regard, the Committee recalls its position, stated in General Comment No. 8, on the relationship between economic sanctions and respect for economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["International obligations"]},{"id":"e-c-12-2000-4-0042","docId":"e-c-12-2000-4","idx":42,"n":42,"text":"While only States are parties to the Covenant and thus ultimately accountable for compliance with it, all members of society - individuals, including health professionals, families, local communities, intergovernmental and non-governmental organizations, civil society organizations, as well as the private business sector - have responsibilities regarding the realization of the right to health. State parties should therefore provide an environment which facilitates the discharge of these responsibilities. Core obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["International obligations"]},{"id":"e-c-12-2000-4-0043","docId":"e-c-12-2000-4","idx":43,"n":43,"text":"43. In General Comment No. 3, the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant, including essential primary health care. Read in conjunction with more contemporary instruments, such as the Programme of Action of the International Conference on Population and Development, the Alma-Ata Declaration provides compelling guidance on the core obligations arising from article 12. Accordingly, in the Committee’s view, these core obligations include at least the following obligations:","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":28,"text":"Report of the International Conference on Population and Development,Cairo, 5-13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I,resolution 1, annex, chaps. VII and VIII."}],"section":["Core obligations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0044","docId":"e-c-12-2000-4","idx":44,"n":44,"text":"44. The Committee also confirms that the following are obligations of comparable priority:","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Core obligations"]},{"id":"e-c-12-2000-4-0045","docId":"e-c-12-2000-4","idx":45,"n":45,"text":"For the avoidance of any doubt, the Committee wishes to emphasize that it is particularly incumbent on States parties and other actors in a position to assist, to provide “international assistance and cooperation, especially economic and technical”[[fn:29]] which enable developing countries to fulfil their core and other obligations indicated in paragraphs 43 and 44 above. E/C.12/2000/4 page 14","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":29,"text":"Covenant, art. 2.1."}],"section":["Core obligations"]},{"id":"e-c-12-2000-4-0046","docId":"e-c-12-2000-4","idx":46,"n":46,"text":"When the normative content of article 12 (Part I) is applied to the obligations of States parties (Part II), a dynamic process is set in motion which facilitates identification of violations of the right to health. The following paragraphs provide illustrations of violations of article 12.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["3.  Violations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0047","docId":"e-c-12-2000-4","idx":47,"n":47,"text":"In determining which actions or omissions amount to a violation of the right to health, it is important to distinguish the inability from the unwillingness of a State party to comply with its obligations under article 12. This follows from article 12.1, which speaks of the highest attainable standard of health, as well as from article 2.1 of the Covenant, which obliges each State party to take the necessary steps to the maximum of its available resources. A State which is unwilling to use the maximum of its available resources for the realization of the right to health is in violation of its obligations under article 12. If resource constraints render it impossible for a State to comply fully with its Covenant obligations, it has the burden of justifying that every effort has nevertheless been made to use all available resources at its disposal in order to satisfy, as a matter of priority, the obligations outlined above. It should be stressed, however, that a State party cannot, under any circumstances whatsoever, justify its non-compliance with the core obligations set out in paragraph 43 above, which are non-derogable.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["3.  Violations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0048","docId":"e-c-12-2000-4","idx":48,"n":48,"text":"Violations of the right to health can occur through the direct action of States or other entities insufficiently regulated by States. The adoption of any retrogressive measures incompatible with the core obligations under the right to health, outlined in paragraph 43 above, constitutes a violation of the right to health. Violations through acts of commission include the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to health or the adoption of legislation or policies which are manifestly incompatible with pre-existing domestic or international legal obligations in relation to the right to health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["3.  Violations"]},{"id":"e-c-12-2000-4-0049","docId":"e-c-12-2000-4","idx":49,"n":49,"text":"49. Violations of the right to health can also occur through the omission or failure of States to take necessary measures arising from legal obligations. Violations through acts of omission include the failure to take appropriate steps towards the full realization of everyone’s right to the enjoyment of the highest attainable standard of physical and mental health, the failure to have a national policy on occupational safety and health as well as occupational health services, and the failure to enforce relevant laws.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["3.  Violations"]},{"id":"e-c-12-2000-4-0050","docId":"e-c-12-2000-4","idx":50,"n":50,"text":"50. Violations of the obligation to respect are those State actions, policies or laws that contravene the standards set out in article 12 of the Covenant and are likely to result in bodily harm, unnecessary morbidity and preventable mortality. Examples include the denial of access to health facilities, goods and services to particular individuals or groups as a result of de jure or de facto discrimination; the deliberate withholding or misrepresentation of information vital to health protection or treatment; the suspension of legislation or the adoption of laws or policies that interfere with the enjoyment of any of the components of the right to health; and the failure of the State to take into account its legal obligations regarding the right to health when entering into bilateral or multilateral agreements with other States, international organizations and other entities, such as multinational corporations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Violations of the obligation to respect"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0051","docId":"e-c-12-2000-4","idx":51,"n":51,"text":"51. Violations of the obligation to protect follow from the failure of a State to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to health by third parties. This category includes such omissions as the failure to regulate the activities of individuals, groups or corporations so as to prevent them from violating the right to health of others; the failure to protect consumers and workers from practices detrimental to health, e.g. by employers and manufacturers of medicines or food; the failure to discourage production, marketing and consumption of tobacco, narcotics and other harmful substances; the failure to protect women against violence or to prosecute perpetrators; the failure to discourage the continued observance of harmful traditional medical or cultural practices; and the failure to enact or enforce laws to prevent the pollution of water, air and soil by extractive and manufacturing industries.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Violations of the obligation to protect"]},{"id":"e-c-12-2000-4-0052","docId":"e-c-12-2000-4","idx":52,"n":52,"text":"Violations of the obligation to fulfil occur through the failure of States parties to take all necessary steps to ensure the realization of the right to health. Examples include the failure to adopt or implement a national health policy designed to ensure the right to health for everyone; insufficient expenditure or misallocation of public resources which results in the non-enjoyment of the right to health by individuals or groups, particularly the vulnerable or marginalized; the failure to monitor the realization of the right to health at the national level, for example by identifying right to health indicators and benchmarks; the failure to take measures to reduce the inequitable distribution of health facilities, goods and services; the failure to adopt a gender-sensitive approach to health; and the failure to reduce infant and maternal mortality rates. Framework legislation","labels":["Children","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Violations of the obligation to fulfil"]},{"id":"e-c-12-2000-4-0053","docId":"e-c-12-2000-4","idx":53,"n":53,"text":"The most appropriate feasible measures to implement the right to health will vary significantly from one State to another. Every State has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State to take whatever steps are necessary to ensure that everyone has access to health facilities, goods and services so that they can enjoy, as soon as possible, the highest attainable standard of physical and mental health. This requires the adoption of a national strategy to ensure to all the enjoyment of the right to health, based on human rights principles which define the objectives of that strategy, and the formulation of policies and corresponding right to health indicators and benchmarks. The national health strategy should also identify the resources available to attain defined objectives, as well as the most cost-effective way of using those resources.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Framework legislation"]},{"id":"e-c-12-2000-4-0054","docId":"e-c-12-2000-4","idx":54,"n":54,"text":"The formulation and implementation of national health strategies and plans of action should respect, inter alia, the principles of non-discrimination and people’s participation. In particular, the right of individuals and groups to participate in decision-making processes, which may affect their development, must be an integral component of any policy, programme or strategy developed to discharge governmental obligations under article 12. Promoting health E/C.12/2000/4 page 16 must involve effective community action in setting priorities, making decisions, planning, implementing and evaluating strategies to achieve better health. Effective provision of health services can only be assured if people’s participation is secured by States.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Framework legislation"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0055","docId":"e-c-12-2000-4","idx":55,"n":55,"text":"The national health strategy and plan of action should also be based on the principles of accountability, transparency and independence of the judiciary, since good governance is essential to the effective implementation of all human rights, including the realization of the right to health. In order to create a favourable climate for the realization of the right, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider the importance of, the right to health in pursuing their activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Framework legislation"]},{"id":"e-c-12-2000-4-0056","docId":"e-c-12-2000-4","idx":56,"n":56,"text":"56. States should consider adopting a framework law to operationalize their right to health national strategy. The framework law should establish national mechanisms for monitoring the implementation of national health strategies and plans of action. It should include provisions on the targets to be achieved and the time-frame for their achievement; the means by which right to health benchmarks could be achieved; the intended collaboration with civil society, including health experts, the private sector and international organizations; institutional responsibility for the implementation of the right to health national strategy and plan of action; and possible recourse procedures. In monitoring progress towards the realization of the right to health, States parties should identify the factors and difficulties affecting implementation of their obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Framework legislation"]},{"id":"e-c-12-2000-4-0057","docId":"e-c-12-2000-4","idx":57,"n":57,"text":"National health strategies should identify appropriate right to health indicators and benchmarks. The indicators should be designed to monitor, at the national and international levels, the State party’s obligations under article 12. States may obtain guidance on appropriate right to health indicators, which should address different aspects of the right to health, from the ongoing work of WHO and the United Nations Children’s Fund (UNICEF) in this field. Right to health indicators require disaggregation on the prohibited grounds of discrimination.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Right to health indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0058","docId":"e-c-12-2000-4","idx":58,"n":58,"text":"Having identified appropriate right to health indicators, States parties are invited to set appropriate national benchmarks in relation to each indicator. During the periodic reporting procedure the Committee will engage in a process of scoping with the State party. Scoping involves the joint consideration by the State party and the Committee of the indicators and national benchmarks which will then provide the targets to be achieved during the next reporting period. In the following five years, the State party will use these national benchmarks to help monitor its implementation of article 12. Thereafter, in the subsequent reporting process, the State party and the Committee will consider whether or not the benchmarks have been achieved, and the reasons for any difficulties that may have been encountered. Remedies and accountability","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Right to health indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0059","docId":"e-c-12-2000-4","idx":59,"n":59,"text":"59. Any person or group victim of a violation of the right to health should have access to effective judicial or other appropriate remedies at both national and international levels. All victims of such violations should be entitled to adequate reparation, which may take the form of","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":30,"text":"Regardless of whether groups as such can seek remedies as distinct holders of rights, Statesparties are bound by both the collective and individual dimensions of article 12. Collectiverights are critical in the field of health; modern public health policy relies heavily on preventionand promotion which are approaches directed primarily to groups."}],"section":["Remedies and accountability"]},{"id":"e-c-12-2000-4-0060","docId":"e-c-12-2000-4","idx":60,"n":60,"text":"The incorporation in the domestic legal order of international instruments recognizing the right to health can significantly enhance the scope and effectiveness of remedial measures and should be encouraged in all cases.[[fn:31]] Incorporation enables courts to adjudicate violations of the right to health, or at least its core obligations, by direct reference to the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":31,"text":"See General Comment No. 2, para. 9.-----"}],"section":["Remedies and accountability"]},{"id":"e-c-12-2000-4-0061","docId":"e-c-12-2000-4","idx":61,"n":61,"text":"Judges and members of the legal profession should be encouraged by States parties to pay greater attention to violations of the right to health in the exercise of their functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Remedies and accountability"]},{"id":"e-c-12-2000-4-0062","docId":"e-c-12-2000-4","idx":62,"n":62,"text":"States parties should respect, protect, facilitate and promote the work of human rights advocates and other members of civil society with a view to assisting vulnerable or marginalized groups in the realization of their right to health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Remedies and accountability"]},{"id":"e-c-12-2000-4-0063","docId":"e-c-12-2000-4","idx":63,"n":63,"text":"The role of the United Nations agencies and programmes, and in particular the key function assigned to WHO in realizing the right to health at the international, regional and country levels, is of particular importance, as is the function of UNICEF in relation to the right to health of children. When formulating and implementing their right to health national strategies, States parties should avail themselves of technical assistance and cooperation of WHO. Further, when preparing their reports, States parties should utilize the extensive information and advisory services of WHO with regard to data collection, disaggregation, and the development of right to health indicators and benchmarks.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["5.  Obligations of actors other than States parties"]},{"id":"e-c-12-2000-4-0064","docId":"e-c-12-2000-4","idx":64,"n":64,"text":"Moreover, coordinated efforts for the realization of the right to health should be maintained to enhance the interaction among all the actors concerned, including the various components of civil society. In conformity with articles 22 and 23 of the Covenant, WHO, The International Labour Organization, the United Nations Development Programme, UNICEF, the United Nations Population Fund, the World Bank, regional development banks, the International Monetary Fund, the World Trade Organization and other relevant bodies within the United Nations system, should cooperate effectively with States parties, building on their respective expertise, in relation to the implementation of the right to health at the national level, with due respect to their individual mandates. In particular, the international financial institutions, notably the World Bank and the International Monetary Fund, should pay greater attention to the protection of the right to health in their lending policies, credit agreements and structural adjustment programmes. When examining the reports of States parties and their ability to meet the obligations under article 12, the Committee will consider the effects of the assistance provided by all other actors. The adoption of a human rights-based approach by United Nations specialized agencies, programmes and bodies will greatly facilitate implementation of the right to health. In the course of its examination of States parties’ reports, the Committee will also consider the role of health professional associations and other non-governmental organizations in relation to the States’ obligations under article 12. E/C.12/2000/4 page 18","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["5.  Obligations of actors other than States parties"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0065","docId":"e-c-12-2000-4","idx":65,"n":65,"text":"65. The role of WHO, the Office of the United Nations High Commissioner for Refugees, the International Committee of the Red Cross/Red Crescent and UNICEF, as well as non governmental organizations and national medical associations, is of particular importance in relation to disaster relief and humanitarian assistance in times of emergencies, including assistance to refugees and internally displaced persons. Priority in the provision of international medical aid, distribution and management of resources, such as safe and potable water, food and medical supplies, and financial aid should be given to the most vulnerable or marginalized groups of the population.","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["5.  Obligations of actors other than States parties"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2002-11-0001","docId":"e-c-12-2002-11","idx":1,"n":1,"text":"Water is a limited natural resource and a public good fundamental for life and health. The human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights. The Committee has been confronted continually with the widespread denial of the right to water in developing as well as developed countries. Over one billion persons lack access to a basic water supply, while several billion do not have access to adequate sanitation, which is the primary cause of water contamination and diseases linked to water.[[fn:1]] The continuing contamination, depletion and unequal distribution of water is exacerbating existing poverty. States parties have to adopt effective measures to realize, without discrimination, the right to water, as set out in this general comment.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":1,"text":"In 2000, the World Health Organization estimated that 1.1 billion persons did not have access to an improved water supply (80 per cent of them rural dwellers) able to provide at least 20 litres of safe water per person a day; 2.4 billion persons were estimated to be without sanitation. (See WHO, The Global Water Supply and Sanitation Assessment 2000, Geneva, 2000, p.1.) Further, 2.3 billion persons each year suffer from diseases linked to water: see United Nations, Commission on Sustainable Development, Comprehensive Assessment of the Freshwater Resources of the World, New York, 1997, p. 39."}]},{"id":"e-c-12-2002-11-0002","docId":"e-c-12-2002-11","idx":2,"n":2,"text":"The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses. An adequate amount of safe water is necessary to prevent death from dehydration, to reduce the risk of water-related disease and to provide for consumption, cooking, personal and domestic hygienic requirements.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003},{"id":"e-c-12-2002-11-0003","docId":"e-c-12-2002-11","idx":3,"n":3,"text":"Article 11, paragraph 1, of the Covenant specifies a number of rights emanating from, and indispensable for, the realization of the right to an adequate standard of living “including adequate food, clothing and housing”. The use of the word “including” indicates that this catalogue of rights was not intended to be exhaustive. The right to water clearly falls within the category of guarantees essential for securing an adequate standard of living, particularly since it is one of the most fundamental conditions for survival. Moreover, the Committee has previously recognized that water is a human right contained in article 11, paragraph 1, (see General Comment No. 6 (1995)).[[fn:2]] The right to water is also inextricably related to the right to the highest attainable standard of health (art. 12, para. 1)[[fn:3]] and the rights to adequate housing and adequate food (art. 11, para. 1).[[fn:4]] The right should also be seen in conjunction with other rights enshrined in the International Bill of Human Rights, foremost amongst them the right to life and human dignity.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":2,"text":"See paras. 5 and 32 of the Committee’s General Comment No. 6 (1995) on the economic, social and cultural rights of older persons."},{"n":3,"text":"See General Comment No. 14 (2000) on the right to the highest attainable standard of health, paragraphs 11, 12 (a), (b) and (d), 15, 34, 36, 40, 43 and 51."},{"n":4,"text":"See para. 8 (b) of General Comment No. 4 (1991). See also the report by Commission on Human Rights’ Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Mr. Miloon Kothari (E.CN.4/2002/59), submitted in accordance with Commission resolution 2001/28 of 20 April 2001. In relation to the right to adequate food, see the report by the Special Rapporteur of the Commission on the right to food, Mr. Jean Ziegler (E/CN.4/2002/58), submitted in accordance with Commission resolution 2001/25 of 20 April 2001."}],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0004","docId":"e-c-12-2002-11","idx":4,"n":4,"text":"The right to water has been recognized in a wide range of international documents, including treaties, declarations and other standards.[[fn:5]] For instance, Article E/C.12/2002/11 Page 3 14, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination Against Women stipulates that States parties shall ensure to women the right to “enjoy adequate living conditions, particularly in relation to […] water supply”. Article 24, paragraph 2, of the Convention on the Rights of the Child requires States parties to combat disease and malnutrition “through the provision of adequate nutritious foods and clean drinking-water”.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":5,"text":"See art. 14, para. 2 (h), Convention on the Elimination of All Forms of Discrimination Against Women; art. 24, para. 2 (c), Convention on the Rights of the Child; arts. 20, 26, 29 and 46 of the Geneva Convention relative to the Treatment of Prisoners of War, of 1949; arts. 85, 89 and 127 of the Geneva Convention relative to the Treatment of Civilian Persons in Time of War, of 1949; arts. 54 and 55 of Additional Protocol I thereto of 1977; arts. 5 and 14 Additional Protocol II of 1977; preamble, Mar Del Plata Action Plan of the United Nations Water Conference; see para. 18.47 of Agenda 21, Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992 (A/CONF.151/26/Rev.1 (Vol. I and Vol. I/Corr.1, Vol. II, Vol. III and Vol. III/Corr.1) (United Nations publication, Sales No. E.93.I.8), vol I: Resolutions adopted by the Conference, resolution 1, annex II; Principle No. 3, The Dublin Statement on Water and Sustainable Development, International Conference on Water and the Environment (A/CONF.151/PC/112); Principle No. 2, Programme of Action, Report of the United Nations International Conference on Population and Development, Cairo, 5-13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex; paras. 5 and 19, Recommendation (2001) 14 of the Committee of Ministers to Member States on the European Charter on Water Resources; resolution 2002/6 of the United Nations Sub-Commission on the Promotion and Protection of Human Rights on the promotion of the realization of the right to drinking water. See also the report on the relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation (E/CN.4/Sub.2/2002/10) submitted by the Special Rapporteur of the Sub-Commission on the right to drinking water supply and sanitation, Mr. El Hadji Guissé."}],"citedArticles":[{"article":"24","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'Article 24, paragraph 2, of the Convention on the Rights of the Child requires States parties to combat disease and malnutrition'. regex_default_treaty=ICESCR but clear override: CRC art. 24 (right to health/clean water) is named explicitly."}]},{"id":"e-c-12-2002-11-0005","docId":"e-c-12-2002-11","idx":5,"n":5,"text":"The right to water has been consistently addressed by the Committee during its consideration of States parties’ reports, in accordance with its revised general guidelines regarding the form and content of reports to be submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights, and its general comments.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"citedArticles":[{"treaty":"ICESCR","article":"16","source":"regex"},{"treaty":"ICESCR","article":"17","source":"regex"}]},{"id":"e-c-12-2002-11-0006","docId":"e-c-12-2002-11","idx":6,"n":6,"text":"Water is required for a range of different purposes, besides personal and domestic uses, to realize many of the Covenant rights. For instance, water is necessary to produce food (right to adequate food) and ensure environmental hygiene (right to health). Water is essential for securing livelihoods (right to gain a living by work) and enjoying certain cultural practices (right to take part in cultural life). Nevertheless, priority in the allocation of water must be given to the right to water for personal and domestic uses. Priority should also be given to the water resources required to prevent starvation and disease, as well as water required to meet the core obligations of each of the Covenant rights. [[fn:6]] Water and Covenant rights","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":6,"text":"See also World Summit on Sustainable Development, Plan of Implementation 2002, paragraph 25 (c)."}]},{"id":"e-c-12-2002-11-0007","docId":"e-c-12-2002-11","idx":7,"n":7,"text":"The Committee notes the importance of ensuring sustainable access to water resources for agriculture to realize the right to adequate food (see General Comment No.12 (1999)).[[fn:7]] Attention should be given to ensuring that disadvantaged and marginalized farmers, including women farmers, have equitable access to water and water management systems, including sustainable rain harvesting and irrigation technology. Taking note of the duty in article 1, paragraph 2, of the Covenant, which provides that a people may not “be deprived of its means of subsistence”, States parties should ensure that there is adequate access to water for subsistence farming and for securing the livelihoods of indigenous peoples.[[fn:8]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":7,"text":"This relates to both availability and to accessibility of the right to adequate food (see General Comment No. 12 (1999), paras. 12 and 13)."},{"n":8,"text":"See also the Statement of Understanding accompanying the United Nations Convention on the Law of Non-Navigational Uses of Watercourses (A/51/869 of 11 April 1997), which declared that, in determining vital human needs in the event of conflicts over the use of watercourses “special attention is to be paid to providing sufficient water to sustain human life, including both drinking water and water required for production of food in order to prevent starvation”.."}],"section":["Water and Covenant rights"],"citedArticles":[{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-2002-11-0008","docId":"e-c-12-2002-11","idx":8,"n":8,"text":"Environmental hygiene, as an aspect of the right to health under article 12, paragraph 2 (b), of the Covenant, encompasses taking steps on a non-discriminatory basis to prevent threats to health from unsafe and toxic water conditions.[[fn:9]] For example, States parties should ensure that natural water resources are protected from contamination by harmful substances and pathogenic microbes. Likewise, States parties should monitor and combat situations where aquatic eco-systems serve as a habitat for vectors of diseases wherever they pose a risk to human living environments.[[fn:10]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":9,"text":"See also para. 15, General Comment No. 14."},{"n":10,"text":"According to the WHO definition, vector-borne diseases include diseases transmitted by insects (malaria, filariasis, dengue, Japanese encephalitis and yellow fever), diseases for which aquatic snails serve as intermediate hosts (schistosomiasis) and zoonoses with vertebrates as reservoir hosts."}],"section":["Water and Covenant rights"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2002-11-0009","docId":"e-c-12-2002-11","idx":9,"n":9,"text":"With a view to assisting States parties' implementation of the Covenant and the fulfilment of their reporting obligations, this General Comment focuses in Part II on the normative content of the right to water in articles 11, paragraph 1, and 12, on States parties' obligations (Part III), on violations (Part IV) and on implementation at the national level (Part V), while the obligations of actors other than States parties are addressed in Part VI.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["Water and Covenant rights"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0010","docId":"e-c-12-2002-11","idx":10,"n":10,"text":"The right to water contains both freedoms and entitlements. The freedoms include the right to maintain access to existing water supplies necessary for the right to water, and the right to be free from interference, such as the right to be free from arbitrary disconnections or contamination of water supplies. By contrast, the entitlements include the right to a system of water supply and management that provides equality of opportunity for people to enjoy the right to water. E/C.12/2002/11 Page 5","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER"]},{"id":"e-c-12-2002-11-0011","docId":"e-c-12-2002-11","idx":11,"n":11,"text":"The elements of the right to water must be adequate for human dignity, life and health, in accordance with articles 11, paragraph 1, and 12. The adequacy of water should not be interpreted narrowly, by mere reference to volumetric quantities and technologies. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner of the realization of the right to water must also be sustainable, ensuring that the right can be realized for present and future generations.[[fn:11]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":11,"text":"For a definition of sustainability, see the Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 1992, Declaration on Environment and Development, principles 1, 8, 9, 10, 12 and 15; and Agenda 21, in particular principles 5.3, 7.27, 7.28, 7.35, 7.39, 7.41, 18.3, 18.8, 18.35, 18.40, 18.48, 18.50, 18.59 and 18.68."}],"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0012","docId":"e-c-12-2002-11","idx":12,"n":12,"text":"12. While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances: (a) Availability. The water supply for each person must be sufficient and continuous for personal and domestic uses.[[fn:12]] These uses ordinarily include drinking, personal sanitation, washing of clothes, food preparation, personal and household hygiene.[[fn:13]] The quantity of water available for each person should correspond to World Health Organization (WHO) guidelines.[[fn:14]] Some individuals and groups may also require additional water due to health, climate, and work conditions; (b) Quality. The water required for each personal or domestic use must be safe, therefore free from micro-organisms, chemical substances and radiological hazards that constitute a threat to a person’s health.[[fn:15]] Furthermore, water should be of an acceptable colour, odour and taste for each personal or domestic use. (c) Accessibility. Water and water facilities and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: (i) Physical accessibility: water, and adequate water facilities and services, must be within safe physical reach for all sections of the population. Sufficient, safe and acceptable water must be accessible within, or in the immediate vicinity, of each household, educational institution and workplace.[[fn:16]] All water facilities and services must be of sufficient quality, culturally appropriate and sensitive to gender, life-cycle and privacy requirements. Physical security should not be threatened during access to water facilities and services; (ii) Economic accessibility: Water, and water facilities and services, must be affordable for all. The direct and indirect costs and charges associated with securing water must be affordable, and must not compromise or threaten the realization of other Covenant rights; (iii) Non-discrimination: Water and water facilities and services must be accessible to all, including the most vulnerable or marginalized sections of the population, in law and in fact, without discrimination on any of the prohibited grounds; and (iv) Information accessibility: accessibility includes the right to seek, receive and impart information concerning water issues.[[fn:17]]","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":12,"text":"“Continuous” means that the regularity of the water supply is sufficient for personal and domestic uses."},{"n":13,"text":"In this context, “drinking” means water for consumption through beverages and foodstuffs. “Personal sanitation” means disposal of human excreta. Water is necessary for personal sanitation where water-based means are adopted. “Food preparation” includes food hygiene and preparation of food stuffs, whether water is incorporated into, or comes into contact with, food. “Personal and household hygiene” means personal cleanliness and hygiene of the household environment."},{"n":14,"text":"See J. Bartram and G. Howard, “Domestic water quantity, service level and health: what should be the goal for water and health sectors”, WHO, 2002. See also P.H. Gleick, (1996) “Basic water requirements for human activities: meeting basic needs”, Water International, 21, pp. 83-92."},{"n":15,"text":"The Committee refers States parties to WHO, Guidelines for drinking-water quality, 2nd edition, vols. 1-3 (Geneva, 1993) that are “intended to be used as a basis for the development of national standards that, if properly implemented, will ensure the safety of drinking water supplies through the elimination of, or reduction to a minimum concentration, of constituents of water that are known to be hazardous to health.”"},{"n":16,"text":"See also General Comment No. 4 (1991), para. 8 (b), General Comment No. 13 (1999) para. 6 (a) and General Comment No. 14 (2000) paras. 8 (a) and (b). Household includes a permanent or semi-permanent dwelling, or a temporary halting site."},{"n":17,"text":"See para. 48 of this General Comment."}],"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER"]},{"id":"e-c-12-2002-11-0013","docId":"e-c-12-2002-11","idx":13,"n":13,"text":"The obligation of States parties to guarantee that the right to water is enjoyed without discrimination (art. 2, para. 2), and equally between men and women (art. 3), pervades all of the Covenant obligations. The Covenant thus proscribes any discrimination on the grounds of race, colour, sex, age, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status (including HIV/AIDS), sexual orientation and civil, political, social or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to water. The Committee recalls paragraph 12 of General Comment No. 3 (1990), which states that even in times of severe resource constraints, the vulnerable members of society must be protected by the adoption of relatively low-cost targeted programmes.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER","Non-discrimination and equality"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2002-11-0014","docId":"e-c-12-2002-11","idx":14,"n":14,"text":"States parties should take steps to remove de facto discrimination on prohibited grounds, where individuals and groups are deprived of the means or entitlements necessary for achieving the right to water. States parties should ensure that the allocation of water resources, and investments in water, facilitate access to water for all members of society. Inappropriate resource allocation can lead to discrimination that may not be overt. For example, investments should not disproportionately favour expensive water supply services and facilities that are often accessible only to a small, privileged fraction of the population, rather than investing in services and facilities that benefit a far larger part of the population.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER","Non-discrimination and equality"]},{"id":"e-c-12-2002-11-0015","docId":"e-c-12-2002-11","idx":15,"n":15,"text":"With respect to the right to water, States parties have a special obligation to provide those who do not have sufficient means with the necessary water and water facilities and to prevent any discrimination on internationally prohibited grounds in the provision of water and water services.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER","Non-discrimination and equality"]},{"id":"e-c-12-2002-11-0016","docId":"e-c-12-2002-11","idx":16,"n":16,"text":"16. Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that: (a) Women are not excluded from decision-making processes concerning water resources and entitlements. The disproportionate burden women bear in the collection of water should be alleviated; (b) Children are not prevented from enjoying their human rights due to the lack of adequate water in educational institutions and households or through the burden of collecting water. Provision of adequate water to educational institutions currently without adequate drinking water should be addressed as a matter of urgency; (c) Rural and deprived urban areas have access to properly maintained water facilities. Access to traditional water sources in rural areas should be protected from unlawful encroachment and pollution. Deprived urban areas, including informal human settlements, and homeless persons, should have access to properly maintained water facilities. No household should be denied the right to water on the grounds of their housing or land status; (d) Indigenous peoples’ access to water resources on their ancestral lands is protected from encroachment and unlawful pollution. States should provide resources for indigenous peoples to design, deliver and control their access to water; (e) Nomadic and traveller communities have access to adequate water at traditional and designated halting sites; (f) Refugees, asylum-seekers, internally displaced persons and returnees have access to adequate water whether they stay in camps or in urban and rural areas. Refugees and asylum-seekers should be granted the right to water on the same conditions as granted to nationals; (g) Prisoners and detainees are provided with sufficient and safe water for their daily individual requirements, taking note of the requirements of international humanitarian law and the United Nations Standard Minimum Rules for the Treatment of Prisoners;[[fn:18]] (h) Groups facing difficulties with physical access to water, such as older persons, persons with disabilities, victims of natural disasters, persons living in disaster-prone areas, and those living in arid and semi-arid areas, or on small islands are provided with safe and sufficient water.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Persons in street situations","Roma, Gypsies, Sinti and Travellers","Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":18,"text":"See arts. 20, 26, 29 and 46 of the third Geneva Convention of 12 August 1949; arts. 85, 89 and 127 of the fourth Geneva Convention of 12 August 1949; arts. 15 and 20, para. 2, United Nations Standard Minimum Rules for the Treatment of Prisoners, in Human Rights: A Compilation of International Instruments (United Nations publication, Sales No. E.88.XIV.1)."}],"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER","Non-discrimination and equality"]},{"id":"e-c-12-2002-11-0017","docId":"e-c-12-2002-11","idx":17,"n":17,"text":"While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to water, such as the guarantee that the right will be exercised without discrimination of any kind (art. 2, para. 2) and the obligation to take steps (art. 2, para.1) towards the full realization of articles 11, paragraph 1, and 12. Such steps must be deliberate, concrete and targeted towards the full realization of the right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0018","docId":"e-c-12-2002-11","idx":18,"n":18,"text":"States parties have a constant and continuing duty under the Covenant to move as expeditiously and effectively as possible towards the full realization of the right to water. Realization of the right should be feasible and practicable, since all States parties exercise control over a broad range of resources, including water, technology, financial resources and international assistance, as with all other rights in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","General legal obligations"]},{"id":"e-c-12-2002-11-0019","docId":"e-c-12-2002-11","idx":19,"n":19,"text":"There is a strong presumption that retrogressive measures taken in relation to the right to water are prohibited under the Covenant.[[fn:19]] If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant in the context of the full use of the State party's maximum available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":19,"text":"See General Comment No. 3 (1990), para. 9."}],"section":["III.  STATES PARTIES’ OBLIGATIONS","General legal obligations"]},{"id":"e-c-12-2002-11-0020","docId":"e-c-12-2002-11","idx":20,"n":20,"text":"The right to water, like any human right, imposes three types of obligations on States parties: obligations to respect, obligations to protect and obligations to fulfil. (a) Obligations to respect","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0021","docId":"e-c-12-2002-11","idx":21,"n":21,"text":"The obligation to respect requires that States parties refrain from interfering directly or indirectly with the enjoyment of the right to water. The obligation includes, inter alia, refraining from engaging in any practice or activity that denies or limits equal access to adequate water; arbitrarily interfering with customary or traditional arrangements for water allocation; unlawfully diminishing or polluting water, for example through waste from State-owned facilities or through use and testing of weapons; and limiting access to, or destroying, water services and infrastructure as a punitive measure, for example, during armed conflicts in violation of international humanitarian law.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0022","docId":"e-c-12-2002-11","idx":22,"n":22,"text":"The Committee notes that during armed conflicts, emergency situations and natural disasters, the right to water embraces those obligations by which States parties are bound under international humanitarian law.[[fn:20]] This includes protection of objects indispensable for survival of the civilian population, including drinking water installations and supplies and irrigation works, protection of the natural environment against widespread, long-term and severe damage and ensuring that civilians, internees and prisoners have access to adequate water.[[fn:21]] (b) Obligations to protect","labels":["Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":20,"text":"For the interrelationship of human rights law and humanitarian law, the Committee notes the conclusions of the International Court of Justice in Legality of the Threat or Use of Nuclear Weapons (Request by the General Assembly), ICJ Reports (1996) p. 226, para. 25."},{"n":21,"text":"See arts. 54 and 56, Additional Protocol I to the Geneva Conventions (1977), art. 54, Additional Protocol II (1977), arts. 20 and 46 of the third Geneva Convention of 12 August 1949, and common article 3 of the Geneva Conventions of 12 August 1949."}],"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0023","docId":"e-c-12-2002-11","idx":23,"n":23,"text":"The obligation to protect requires State parties to prevent third parties from interfering in any way with the enjoyment of the right to water. Third parties include individuals, groups, corporations and other entities as well as agents acting under their authority. The obligation includes, inter alia, adopting the necessary and effective legislative and other measures to restrain, for example, third parties from denying equal access to adequate water; and polluting and inequitably extracting from water resources, including natural sources, wells and other water distribution systems.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0024","docId":"e-c-12-2002-11","idx":24,"n":24,"text":"Where water services (such as piped water networks, water tankers, access to rivers and wells) are operated or controlled by third parties, States parties must prevent them from compromising equal, affordable, and physical access to sufficient, safe and acceptable water. To prevent such abuses an effective regulatory system must be established, in conformity with the Covenant and this General Comment, which includes independent monitoring, genuine public participation and imposition of penalties for non-compliance.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0025","docId":"e-c-12-2002-11","idx":25,"n":25,"text":"The obligation to fulfil can be disaggregated into the obligations to facilitate, promote and provide. The obligation to facilitate requires the State to take positive measures to assist individuals and communities to enjoy the right. The obligation to promote obliges the State party to take steps to ensure that there is appropriate education concerning the hygienic use of water, protection of water sources and methods to minimize water wastage. States parties are also obliged to fulfil (provide) the right when individuals or a group are unable, for reasons beyond their control, to realize that right themselves by the means at their disposal.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0026","docId":"e-c-12-2002-11","idx":26,"n":26,"text":"The obligation to fulfil requires States parties to adopt the necessary measures directed towards the full realization of the right to water. The obligation includes, inter alia, according sufficient recognition of this right within the national political and legal systems, preferably by way of legislative implementation; adopting a national water strategy and plan of action to realize this right; ensuring that water is affordable for everyone; and facilitating improved and sustainable access to water, particularly in rural and deprived urban areas.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0027","docId":"e-c-12-2002-11","idx":27,"n":27,"text":"To ensure that water is affordable, States parties must adopt the necessary measures that may include, inter alia: (a) use of a range of appropriate low-cost techniques and technologies; (b) appropriate pricing policies such as free or low-cost water; and (c) income supplements. Any payment for water services has to be based on the principle of equity, ensuring that these services, whether privately or publicly provided, are affordable for all, including socially disadvantaged groups. Equity demands that poorer households should not be disproportionately burdened with water expenses as compared to richer households.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0028","docId":"e-c-12-2002-11","idx":28,"n":28,"text":"States parties should adopt comprehensive and integrated strategies and programmes to ensure that there is sufficient and safe water for present and future generations.[[fn:22]] Such strategies and programmes may include: (a) reducing depletion of water resources through unsustainable extraction, diversion and damming; (b) reducing and eliminating contamination of watersheds and water-related eco-systems by substances such as radiation, harmful chemicals and human excreta; (c) monitoring water reserves; (d) ensuring that proposed developments do not interfere with access to adequate water; (e) assessing the impacts of actions that may impinge upon water availability and natural-ecosystems watersheds, such as climate changes, desertification and increased soil salinity, deforestation and loss of biodiversity;[[fn:23]] (f) E/C.12/2002/11 Page 11 increasing the efficient use of water by end-users; (g) reducing water wastage in its distribution; (h) response mechanisms for emergency situations; (i) and establishing competent institutions and appropriate institutional arrangements to carry out the strategies and programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":22,"text":"See footnote 5 above, Agenda 21, chaps. 5 ,7 and 18; and the World Summit on Sustainable Development, Plan of Implementation (2002), paras. 6 (a), (l) and (m), 7, 36 and 38."},{"n":23,"text":"See the Convention on Biological Diversity, the Convention to Combat Desertification, the United Nations Framework Convention on Climate Change, and subsequent protocols."}],"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0029","docId":"e-c-12-2002-11","idx":29,"n":29,"text":"Ensuring that everyone has access to adequate sanitation is not only fundamental for human dignity and privacy, but is one of the principal mechanisms for protecting the quality of drinking water supplies and resources.[[fn:24]] In accordance with the rights to health and adequate housing (see General Comments No. 4 (1991) and 14 (2000)) States parties have an obligation to progressively extend safe sanitation services, particularly to rural and deprived urban areas, taking into account the needs of women and children. International obligations","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":24,"text":"Article 14, para. 2, of the Convention on the Elimination of All Forms of Discrimination Against Women stipulates States parties shall ensure to women the right to “adequate living conditions, particularly in relation to […] sanitation”. Article 24, para. 2, of the Convention on the Rights of the Child requires States parties to “To ensure that all segments of society […] have access to education and are supported in the use of basic knowledge of […] the advantages of […] hygiene and environmental sanitation.”"}],"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0030","docId":"e-c-12-2002-11","idx":30,"n":30,"text":"Article 2, paragraph 1, and articles 11, paragraph 1, and 23 of the Covenant require that States parties recognize the essential role of international cooperation and assistance and take joint and separate action to achieve the full realization of the right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0031","docId":"e-c-12-2002-11","idx":31,"n":31,"text":"To comply with their international obligations in relation to the right to water, States parties have to respect the enjoyment of the right in other countries. International cooperation requires States parties to refrain from actions that interfere, directly or indirectly, with the enjoyment of the right to water in other countries. Any activities undertaken within the State party’s jurisdiction should not deprive another country of the ability to realize the right to water for persons in its jurisdiction.[[fn:25]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":25,"text":"The Committee notes that the United Nations Convention on the Law of Non-Navigational Uses of Watercourses requires that social and human needs be taken into account in determining the equitable utilization of watercourses, that States parties take measures to prevent significant harm being caused, and, in the event of conflict, special regard must be given to the requirements of vital human needs: see arts. 5, 7 and 10 of the Convention."}],"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0032","docId":"e-c-12-2002-11","idx":32,"n":32,"text":"States parties should refrain at all times from imposing embargoes or similar measures, that prevent the supply of water, as well as goods and services essential for securing the right to water.[[fn:26]] Water should never be used as an instrument of political E/C.12/2002/11 Page 12 and economic pressure. In this regard, the Committee recalls its position, stated in its General Comment No. 8 (1997), on the relationship between economic sanctions and respect for economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":26,"text":"In General Comment No. 8 (1997), the Committee noted the disruptive effect of sanctions upon sanitation supplies and clean drinking water, and that sanctions regimes should provide for repairs to infrastructure essential to provide clean water."}],"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0033","docId":"e-c-12-2002-11","idx":33,"n":33,"text":"Steps should be taken by States parties to prevent their own citizens and companies from violating the right to water of individuals and communities in other countries. Where States parties can take steps to influence other third parties to respect the right, through legal or political means, such steps should be taken in accordance with the Charter of the United Nations and applicable international law.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0034","docId":"e-c-12-2002-11","idx":34,"n":34,"text":"Depending on the availability of resources, States should facilitate realization of the right to water in other countries, for example through provision of water resources, financial and technical assistance, and provide the necessary aid when required. In disaster relief and emergency assistance, including assistance to refugees and displaced persons, priority should be given to Covenant rights, including the provision of adequate water. International assistance should be provided in a manner that is consistent with the Covenant and other human rights standards, and sustainable and culturally appropriate. The economically developed States parties have a special responsibility and interest to assist the poorer developing States in this regard.","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0035","docId":"e-c-12-2002-11","idx":35,"n":35,"text":"States parties should ensure that the right to water is given due attention in international agreements and, to that end, should consider the development of further legal instruments. With regard to the conclusion and implementation of other international and regional agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to water. Agreements concerning trade liberalization should not curtail or inhibit a country’s capacity to ensure the full realization of the right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0036","docId":"e-c-12-2002-11","idx":36,"n":36,"text":"States parties should ensure that their actions as members of international organizations take due account of the right to water. Accordingly, States parties that are members of international financial institutions, notably the International Monetary Fund, the World Bank, and regional development banks, should take steps to ensure that the right to water is taken into account in their lending policies, credit agreements and other international measures. Core obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0037","docId":"e-c-12-2002-11","idx":37,"n":37,"text":"37. In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee’s view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect: (a) To ensure access to the minimum essential amount of water, that is sufficient and safe for personal and domestic uses to prevent disease; (b) To ensure the right of access to water and water facilities and services on a non-discriminatory basis, especially for disadvantaged or marginalized groups; (c) To ensure physical access to water facilities or services that provide sufficient, safe and regular water; that have a sufficient number of water outlets to avoid prohibitive waiting times; and that are at a reasonable distance from the household; (d) To ensure personal security is not threatened when having to physically access to water; (e) To ensure equitable distribution of all available water facilities and services; (f) To adopt and implement a national water strategy and plan of action addressing the whole population; the strategy and plan of action should be devised, and periodically reviewed, on the basis of a participatory and transparent process; it should include methods, such as right to water indicators and benchmarks, by which progress can be closely monitored; the process by which the strategy and plan of action are devised, as well as their content, shall give particular attention to all disadvantaged or marginalized groups; (g) To monitor the extent of the realization, or the non-realization, of the right to water; (h) To adopt relatively low-cost targeted water programmes to protect vulnerable and marginalized groups; (i) To take measures to prevent, treat and control diseases linked to water, in particular ensuring access to adequate sanitation;","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Core obligations"]},{"id":"e-c-12-2002-11-0038","docId":"e-c-12-2002-11","idx":38,"n":38,"text":"For the avoidance of any doubt, the Committee wishes to emphasize that it is particularly incumbent on States parties, and other actors in a position to assist, to provide international assistance and cooperation, especially economic and technical which enables developing countries to fulfil their core obligations indicated in paragraph 37 above.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Core obligations"]},{"id":"e-c-12-2002-11-0039","docId":"e-c-12-2002-11","idx":39,"n":39,"text":"When the normative content of the right to water (see Part II) is applied to the obligations of States parties (Part III), a process is set in motion, which facilitates identification of violations of the right to water. The following paragraphs provide illustrations of violations of the right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2002-11-0040","docId":"e-c-12-2002-11","idx":40,"n":40,"text":"To demonstrate compliance with their general and specific obligations, States parties must establish that they have taken the necessary and feasible steps towards the realization of the right to water. In accordance with international law, a failure to act in good faith to take such steps amounts to a violation of the right. It should be stressed that a State party cannot justify its non-compliance with the core obligations set out in paragraph 37 above, which are non-derogable.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2002-11-0041","docId":"e-c-12-2002-11","idx":41,"n":41,"text":"In determining which actions or omissions amount to a violation of the right to water, it is important to distinguish the inability from the unwillingness of a State E/C.12/2002/11 Page 14 party to comply with its obligations in relation to the right to water. This follows from articles 11, paragraph 1, and 12, which speak of the right to an adequate standard of living and the right to health, as well as from article 2, paragraph 1, of the Covenant, which obliges each State party to take the necessary steps to the maximum of its available resources. A State which is unwilling to use the maximum of its available resources for the realization of the right to water is in violation of its obligations under the Covenant. If resource constraints render it impossible for a State party to comply fully with its Covenant obligations, it has the burden of justifying that every effort has nevertheless been made to use all available resources at its disposal in order to satisfy, as a matter of priority, the obligations outlined above.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["IV.  VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-2002-11-0042","docId":"e-c-12-2002-11","idx":42,"n":42,"text":"Violations of the right to water can occur through acts of commission, the direct actions of States parties or other entities insufficiently regulated by States. Violations include, for example, the adoption of retrogressive measures incompatible with the core obligations (outlined in para. 37 above), the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to water, or the adoption of legislation or policies which are manifestly incompatible with pre-existing domestic or international legal obligations in relation to the right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2002-11-0043","docId":"e-c-12-2002-11","idx":43,"n":43,"text":"Violations through acts of omission include the failure to take appropriate steps towards the full realization of everyone's right to water, the failure to have a national policy on water, and the failure to enforce relevant laws.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2002-11-0044","docId":"e-c-12-2002-11","idx":44,"n":44,"text":"44. While it is not possible to specify a complete list of violations in advance, a number of typical examples relating to the levels of obligations, emanating from the Committee’s work, may be identified: (a) Violations of the obligation to respect follow from the State party’s interference with the right to water. This includes, inter alia: (i) arbitrary or unjustified disconnection or exclusion from water services or facilities; (ii) discriminatory or unaffordable increases in the price of water; and (iii) pollution and diminution of water resources affecting human health; (b) Violations of the obligation to protect follow from the failure of a State to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to water by third parties.[[fn:27]] This includes, inter alia: (i) failure to enact or enforce laws to prevent the contamination and inequitable extraction of water; (ii) failure to effectively regulate and control water services providers; (iv) failure to protect water distribution systems (e.g., piped networks and wells) from interference, damage and destruction; and (c) Violations of the obligation to fulfil occur through the failure of States parties to take all necessary steps to ensure the realization of the right to water. Examples includes, inter alia: (i) failure to adopt or implement a national water policy designed to ensure the right to water for everyone; (ii) insufficient expenditure or misallocation of public resources which results in the non-enjoyment of the right to water by individuals or groups, particularly the vulnerable or marginalized; (iii) failure to monitor the realization of the right to water at the national level, for example by identifying right-to-water indicators and benchmarks; (iv) failure to take measures to reduce the inequitable distribution of water facilities and services; (v) failure to adopt mechanisms for emergency relief; (vi) failure to ensure that the minimum essential level of the right is enjoyed by everyone (vii) failure of a State to take into account its international legal obligations regarding the right to water when entering into agreements with other States or with international organizations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":27,"text":"See para. 23 for a definition of “third parties”."}],"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2002-11-0045","docId":"e-c-12-2002-11","idx":45,"n":45,"text":"In accordance with article 2, paragraph 1, of the Covenant, States parties are required to utilize “all appropriate means, including particularly the adoption of legislative measures” in the implementation of their Covenant obligations. Every State party has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State party to take whatever steps are necessary to ensure that everyone enjoys the right to water, as soon as possible. Any national measures designed to realize the right to water should not interfere with the enjoyment of other human rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-2002-11-0046","docId":"e-c-12-2002-11","idx":46,"n":46,"text":"Existing legislation, strategies and policies should be reviewed to ensure that they are compatible with obligations arising from the right to water, and should be repealed, amended or changed if inconsistent with Covenant requirements.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0047","docId":"e-c-12-2002-11","idx":47,"n":47,"text":"The duty to take steps clearly imposes on States parties an obligation to adopt a national strategy or plan of action to realize the right to water. The strategy must: (a) be based upon human rights law and principles; (b) cover all aspects of the right to water and the corresponding obligations of States parties; (c) define clear objectives; (d) set targets or goals to be achieved and the time-frame for their achievement; (e) formulate adequate policies and corresponding benchmarks and indicators. The strategy should also establish institutional responsibility for the process; identify resources available to attain the objectives, targets and goals; allocate resources appropriately according to institutional responsibility; and establish accountability mechanisms to ensure the implementation of the strategy. When formulating and implementing their right to water national strategies, States parties should avail themselves of technical assistance and cooperation of the United Nations specialized agencies (see Part VI below).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0048","docId":"e-c-12-2002-11","idx":48,"n":48,"text":"The formulation and implementation of national water strategies and plans of action should respect, inter alia, the principles of non-discrimination and people's participation. The right of individuals and groups to participate in decision-making processes that may affect their exercise of the right to water must be an integral part of any policy, programme or strategy concerning water. Individuals and groups should be given full and equal access to information concerning water, water services and the environment, held by public authorities or third parties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0049","docId":"e-c-12-2002-11","idx":49,"n":49,"text":"The national water strategy and plan of action should also be based on the principles of accountability, transparency and independence of the judiciary, since good governance is essential to the effective implementation of all human rights, including the realization of the right to water. In order to create a favourable climate E/C.12/2002/11 Page 16 for the realization of the right, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider the importance of, the right to water in pursuing their activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0050","docId":"e-c-12-2002-11","idx":50,"n":50,"text":"States parties may find it advantageous to adopt framework legislation to operationalize their right to water strategy. Such legislation should include: (a) targets or goals to be attained and the time-frame for their achievement; (b) the means by which the purpose could be achieved; (c) the intended collaboration with civil society, private sector and international organizations; (d) institutional responsibility for the process; (e) national mechanisms for its monitoring; and (f) remedies and recourse procedures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0051","docId":"e-c-12-2002-11","idx":51,"n":51,"text":"Steps should be taken to ensure there is sufficient coordination between the national ministries, regional and local authorities in order to reconcile water-related policies. Where implementation of the right to water has been delegated to regional or local authorities, the State party still retains the responsibility to comply with its Covenant obligations, and therefore should ensure that these authorities have at their disposal sufficient resources to maintain and extend the necessary water services and facilities. The States parties must further ensure that such authorities do not deny access to services on a discriminatory basis.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0052","docId":"e-c-12-2002-11","idx":52,"n":52,"text":"States parties are obliged to monitor effectively the realization of the right to water. In monitoring progress towards the realization of the right to water, States parties should identify the factors and difficulties affecting implementation of their obligations. Indicators and benchmarks","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0053","docId":"e-c-12-2002-11","idx":53,"n":53,"text":"To assist the monitoring process, right to water indicators should be identified in the national water strategies or plans of action. The indicators should be designed to monitor, at the national and international levels, the State party's obligations under articles 11, paragraph 1, and 12. Indicators should address the different components of adequate water (such as sufficiency, safety and acceptability, affordability and physical accessibility), be disaggregated by the prohibited grounds of discrimination, and cover all persons residing in the State party’s territorial jurisdiction or under their control. States parties may obtain guidance on appropriate indicators from the ongoing work of WHO, the Food and Agriculture Organization of the United Nations (FAO), the United Nations Centre for Human Settlements (Habitat), the International Labour Organization (ILO), the United Nations Children’s Fund (UNICEF), the United Nations Environment Programme (UNEP), the United Nations Development Programme (UNDP) and the United Nations Commission on Human Rights.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0054","docId":"e-c-12-2002-11","idx":54,"n":54,"text":"Having identified appropriate right to water indicators, States parties are invited to set appropriate national benchmarks in relation to each indicator.[[fn:28]] During the periodic reporting procedure, the Committee will engage in a process of “scoping” with the State party. Scoping involves the joint consideration by the State party and the Committee of the indicators and national benchmarks which will then provide the targets to be achieved during the next reporting period. In the following five years, the State party will use these national benchmarks to help monitor its implementation of the right to water. Thereafter, in the subsequent reporting process, the State party and the Committee will consider whether or not the benchmarks have been achieved, and the reasons for any difficulties that may have been encountered (see General Comment No.14 (2000), para. 58). Further, when setting benchmarks and preparing their reports, States parties should utilize the extensive information and advisory services of specialized agencies with regard to data collection and disaggregation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":28,"text":"See E. Riedel, “New bearings to the State reporting procedure: practical ways to operationalize economic, social and cultural rights – The example of the right to health”, in S. von Schorlemer (ed.), Praxishandbuch UNO, 2002, pp. 345-358. The Committee notes, for example, the commitment in the 2002 World Summit on Sustainable Development Plan of Implementation to halve, by the year 2015, the proportion of people who are unable to reach or to afford safe drinking water (as outlined in the Millennium Declaration) and the proportion of people who do not have access to basic sanitation."}],"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Indicators and benchmarks"]},{"id":"e-c-12-2002-11-0055","docId":"e-c-12-2002-11","idx":55,"n":55,"text":"Any persons or groups who have been denied their right to water should have access to effective judicial or other appropriate remedies at both national and international levels (see General Comment No. 9 (1998), para. 4, and Principle 10 of the Rio Declaration on Environment and Development).[[fn:29]] The Committee notes that the right has been constitutionally entrenched by a number of States and has been subject to litigation before national courts. All victims of violations of the right to water should be entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition. National ombudsmen, human rights commissions, and similar institutions should be permitted to address violations of the right.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":29,"text":"Principle 10 of the Rio Declaration on Environment and Development (Report of the United Nations Conference on Environment and Development, see footnote 5 above), states with respect to environmental issues that “effective access to judicial and administrative proceedings, including remedy and redress, shall be provided”."}],"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-2002-11-0056","docId":"e-c-12-2002-11","idx":56,"n":56,"text":"Before any action that interferes with an individual’s right to water is carried out by the State party, or by any other third party, the relevant authorities must ensure that such actions are performed in a manner warranted by law, compatible with the Covenant, and that comprises: (a) opportunity for genuine consultation with those affected; (b) timely and full disclosure of information on the proposed measures; (c) reasonable notice of proposed actions; (d) legal recourse and remedies for those affected; and (e) legal assistance for obtaining legal remedies (see also General Comments No. 4 (1991) and No. 7 (1997)). Where such action is based on a person’s failure to pay for water their capacity to pay must be taken into account. Under no circumstances shall an individual be deprived of the minimum essential level of water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-2002-11-0057","docId":"e-c-12-2002-11","idx":57,"n":57,"text":"The incorporation in the domestic legal order of international instruments recognizing the right to water can significantly enhance the scope and effectiveness of remedial measures and should be encouraged in all cases. Incorporation enables courts to adjudicate violations of the right to water, or at least the core obligations, by direct reference to the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-2002-11-0058","docId":"e-c-12-2002-11","idx":58,"n":58,"text":"Judges, adjudicators and members of the legal profession should be encouraged by States parties to pay greater attention to violations of the right to water in the exercise of their functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-2002-11-0059","docId":"e-c-12-2002-11","idx":59,"n":59,"text":"States parties should respect, protect, facilitate and promote the work of human rights advocates and other members of civil society with a view to assisting vulnerable or marginalized groups in the realization of their right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-2002-11-0060","docId":"e-c-12-2002-11","idx":60,"n":60,"text":"60. United Nations agencies and other international organizations concerned with water, such as WHO, FAO, UNICEF, UNEP, UN-Habitat, ILO, UNDP, the International Fund for Agricultural Development (IFAD), as well as international organizations concerned with trade such as the World Trade Organization (WTO), should cooperate effectively with States parties, building on their respective expertise, in relation to the implementation of the right to water at the national level. The international financial institutions, notably the International Monetary Fund and the World Bank, should take into account the right to water in their lending policies, credit agreements, structural adjustment programmes and other development projects (see General Comment No. 2 (1990)), so that the enjoyment of the right to water is promoted. When examining the reports of States parties and their ability to meet the obligations to realize the right to water, the Committee will consider the effects of the assistance provided by all other actors. The incorporation of human rights law and principles in the programmes and policies by international organizations will greatly facilitate implementation of the right to water. The role of the International Federation of the Red Cross and Red Crescent Societies, International Committee of the Red Cross, the Office of the United Nations High Commissioner for Refugees (UNHCR), WHO and UNICEF, as well as non-governmental organizations and other associations, is of particular importance in relation to disaster relief and humanitarian assistance in times of emergencies. Priority in the provision of aid, distribution and management of water and water facilities should be given to the most vulnerable or marginalized groups of the population.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["VI.  OBLIGATIONS OF ACTORS OTHER THAN STATES"]},{"id":"e-c-12-2005-4-0001","docId":"e-c-12-2005-4","idx":1,"n":1,"text":"The equal right of men and women to the enjoyment of all human rights is one of the fundamental principles recognized under international law and enshrined in the main international human rights instruments. The International Covenant on Economic, Social and Cultural Rights (ICESCR) protects human rights that are fundamental to the dignity of every person. In particular, article 3 of this Covenant provides for the equal right of men and women to the enjoyment of the rights it articulates. This provision is founded on Article 1, paragraph 3, of the United Nations Charter and article 2 of the Universal Declaration of Human Rights. Except for the reference to ICESCR, it is identical to article 3 of the International Covenant on Civil and Political Rights (ICCPR), which was drafted at the same time.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["Introduction"],"citedArticles":[{"article":"3","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Text expressly states 'article 3 of this Covenant' referring back to ICESCR."},{"article":"1","paragraph":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'Article 1, paragraph 3, of the United Nations Charter' — Charter is outside the coded treaty list."},{"article":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 2 to 'the Universal Declaration of Human Rights' — non-binding instrument."},{"article":"3","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 3 of the International Covenant on Civil and Political Rights (ICCPR)'."}]},{"id":"e-c-12-2005-4-0002","docId":"e-c-12-2005-4","idx":2,"n":2,"text":"2. The travaux préparatoires state that article 3 was included in the Covenant, as well as in ICCPR, to indicate that beyond a prohibition of discrimination, “the same rights should be expressly recognized for men and women on an equal footing and suitable measures should be taken to ensure that women had the opportunity to exercise their rights …. Moreover, even if article 3 overlapped with article 2, paragraph 2, it was still necessary to reaffirm the equality","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":1,"text":"Draft International Covenants on Human Rights Report of the Third Committee. A/53/65 (17 December 1962), para. 85."}],"section":["Introduction"],"citedArticles":[{"article":"3","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'article 3 was included in the Covenant' referring to ICESCR (the Covenant under discussion throughout this GC)."},{"article":"3","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'even if article 3 overlapped with article 2, paragraph 2' in the ICESCR context."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Reference to 'article 2, paragraph 2' in the ICESCR context, matching the Covenant under analysis."},{"article":"26","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 26 of ICCPR'."},{"article":"3","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'articles 3 and 2, paragraph 2, of ICESCR'."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'articles 3 and 2, paragraph 2, of ICESCR'."}]},{"id":"e-c-12-2005-4-0003","docId":"e-c-12-2005-4","idx":3,"n":3,"text":"Article 2, paragraph 2, of ICESCR provides for a guarantee of non-discrimination on the basis of sex among other grounds. This provision, and the guarantee of equal enjoyment of rights by men and women in article 3, are integrally related and mutually reinforcing. Moreover, the elimination of discrimination is fundamental to the enjoyment of economic, social and cultural rights on a basis of equality.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0004","docId":"e-c-12-2005-4","idx":4,"n":4,"text":"The Committee on Economic, Social and Cultural Rights (CESCR) has taken particular note of factors negatively affecting the equal right of men and women to the enjoyment of economic, social and cultural rights in many of its general comments, including those on the right to adequate housing,[[fn:2]] the right to adequate food,[[fn:3]] the right to education,[[fn:4]] the right to the highest attainable standard of health,[[fn:5]] and the right to water.[[fn:6]] The Committee also routinely requests information on the equal enjoyment by men and women of the rights guaranteed under the Covenant in its list of issues in relation to States parties’ reports and during its dialogue with States parties.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":2,"text":"Committee on Economic, Social and Cultural Rights (hereinafter CESCR), general comment No. 4 (1991): The right to adequate housing (article 11, paragraph 1 of the Covenant) para. 6; general comment No. 7 (1997): The right to adequate housing (article 11, paragraph 1 of the Covenant): Forced evictions, para. 10."},{"n":3,"text":"CESCR, general comment No. 12 (1999): The right to adequate food (article 11 of the Covenant), para. 26."},{"n":4,"text":"CESCR, general comment No. 11 (1999): Plans for primary education (article 14 of the Covenant), para. 3; general comment No. 13 (1999): The right to education (article 13 of the Covenant), paras. 6 (b), 31 and 32."},{"n":5,"text":"CESCR, general comment No. 14 (2000): The right to the highest attainable standard of health (article 12 of the Covenant), paras. 18-22."},{"n":6,"text":"CESCR, general comment No. 15 (2000): The right to water (articles 11 and 12 of the Covenant), paras. 13 and 14."}],"section":["Introduction"]},{"id":"e-c-12-2005-4-0005","docId":"e-c-12-2005-4","idx":5,"n":5,"text":"Women are often denied equal enjoyment of their human rights, in particular by virtue of the lesser status ascribed to them by tradition and custom, or as a result of overt or covert discrimination. Many women experience distinct forms of discrimination due to the intersection of sex with such factors as race, colour, language, religion, political and other opinion, national or social origin, property, birth, or other status, such as age, ethnicity, disability, marital, refugee or migrant status, resulting in compounded disadvantage.[[fn:7]]","labels":["Refugees & asylum-seekers","Migrants","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":7,"text":"Cf. Committee on the Elimination of Racial Discrimination, general comment XXV (2000): Gender-related dimensions of racial discrimination."}],"section":["Introduction"]},{"id":"e-c-12-2005-4-0006","docId":"e-c-12-2005-4","idx":6,"n":6,"text":"The essence of article 3 of ICESCR is that the rights set forth in the Covenant are to be enjoyed by men and women on a basis of equality, a concept that carries substantive meaning. While expressions of formal equality may be found in constitutional provisions, legislation and policies of Governments, article 3 also mandates the equal enjoyment of the rights in the Covenant for men and women in practice.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","A.  Equality"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0007","docId":"e-c-12-2005-4","idx":7,"n":7,"text":"The enjoyment of human rights on the basis of equality between men and women must be understood comprehensively. Guarantees of non-discrimination and equality in international human rights treaties mandate both de facto and de jure equality. De jure (or formal) equality and de facto (or substantive) equality are different but interconnected concepts. Formal equality assumes that equality is achieved if a law or policy treats men and women in a neutral manner. Substantive equality is concerned, in addition, with the effects of laws, policies and practices and with ensuring that they do not maintain, but rather alleviate, the inherent disadvantage that particular groups experience. E/C.12/2005/4 page 3","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","A.  Equality"]},{"id":"e-c-12-2005-4-0008","docId":"e-c-12-2005-4","idx":8,"n":8,"text":"Substantive equality for men and women will not be achieved simply through the enactment of laws or the adoption of policies that are, prima facie, gender-neutral. In implementing article 3, States parties should take into account that such laws, policies and practice can fail to address or even perpetuate inequality between men and women because they do not take account of existing economic, social and cultural inequalities, particularly those experienced by women.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","A.  Equality"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0009","docId":"e-c-12-2005-4","idx":9,"n":9,"text":"According to article 3, States parties must respect the principle of equality in and before the law. The principle of equality in the law must be respected by the legislature when adopting laws, by ensuring that those laws further equal enjoyment of economic, social and cultural rights by men and women. The principle of equality before the law must be respected by administrative agencies, and courts and tribunals, and implies that those authorities must apply the law equally to men and women.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","A.  Equality"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0010","docId":"e-c-12-2005-4","idx":10,"n":10,"text":"The principle of non-discrimination is the corollary of the principle of equality. Subject to what is stated in paragraph 15 below on temporary special measures, it prohibits differential treatment of a person or group of persons based on his/her or their particular status or situation, such as race, colour, sex, language, religion, political and other opinion, national or social origin, property, birth, or other status, such as age, ethnicity, disability, marital, refugee or migrant status.","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","B.  Non-discrimination"]},{"id":"e-c-12-2005-4-0011","docId":"e-c-12-2005-4","idx":11,"n":11,"text":"Discrimination against women is “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field”.[[fn:8]] Discrimination on the basis of sex may be based on the differential treatment of women because of their biology, such as refusal to hire women because they could become pregnant; or stereotypical assumptions, such as tracking women into low-level jobs on the assumption that they are unwilling to commit as much time to their work as men.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":8,"text":"As defined in article 1 of the Convention on the Elimination of All Forms of Discrimination against Women."}],"section":["I.  CONCEPTUAL FRAMEWORK","B.  Non-discrimination"]},{"id":"e-c-12-2005-4-0012","docId":"e-c-12-2005-4","idx":12,"n":12,"text":"Direct discrimination occurs when a difference in treatment relies directly and explicitly on distinctions based exclusively on sex and characteristics of men or of women, which cannot be justified objectively.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","B.  Non-discrimination"]},{"id":"e-c-12-2005-4-0013","docId":"e-c-12-2005-4","idx":13,"n":13,"text":"Indirect discrimination occurs when a law, policy or programme does not appear to be discriminatory, but has a discriminatory effect when implemented. This can occur, for example, when women are disadvantaged compared to men with respect to the enjoyment of a particular opportunity or benefit due to pre-existing inequalities. Applying a gender-neutral law may leave the existing inequality in place, or exacerbate it.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","B.  Non-discrimination"]},{"id":"e-c-12-2005-4-0014","docId":"e-c-12-2005-4","idx":14,"n":14,"text":"Gender affects the equal right of men and women to the enjoyment of their rights. Gender refers to cultural expectations and assumptions about the behaviour, attitudes, personality traits, and physical and intellectual capacities of men and women, based solely on their identity as men or women. Gender-based assumptions and expectations generally place women at a disadvantage with respect to substantive enjoyment of rights, such as freedom to act and to be recognized as autonomous, fully capable adults, to participate fully in economic, social and E/C.12/2005/4 page 4 political development, and to make decisions concerning their circumstances and conditions. Gender-based assumptions about economic, social and cultural roles preclude the sharing of responsibility between men and women in all spheres that is necessary to equality.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","B.  Non-discrimination"]},{"id":"e-c-12-2005-4-0015","docId":"e-c-12-2005-4","idx":15,"n":15,"text":"The principles of equality and non-discrimination, by themselves, are not always sufficient to guarantee true equality. Temporary special measures may sometimes be needed in order to bring disadvantaged or marginalized persons or groups of persons to the same substantive level as others. Temporary special measures aim at realizing not only de jure or formal equality, but also de facto or substantive equality for men and women. However, the application of the principle of equality will sometimes require that States parties take measures in favour of women in order to attenuate or suppress conditions that perpetuate discrimination. As long as these measures are necessary to redress de facto discrimination and are terminated when de facto equality is achieved, such differentiation is legitimate.[[fn:9]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":9,"text":"However, there is one exception to this general principle: reasons specific to an individual male candidate may tilt the balance in his favour, which is to be assessed objectively, taking into account all criteria pertaining to the individual candidates. This is a requirement of the principle of proportionality."}],"section":["I.  CONCEPTUAL FRAMEWORK","C.  Temporary special measures"]},{"id":"e-c-12-2005-4-0016","docId":"e-c-12-2005-4","idx":16,"n":16,"text":"The equal right of men and women to the enjoyment of economic, social and cultural rights is a mandatory and immediate obligation of States parties.[[fn:10]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":10,"text":"CESCR, general comment No. 3 (1990): The nature of States parties obligations (art. 2, para. 2)."}],"section":["II.  STATES PARTIES’ OBLIGATIONS","A.  General legal obligations"]},{"id":"e-c-12-2005-4-0017","docId":"e-c-12-2005-4","idx":17,"n":17,"text":"The equal right of men and women to the enjoyment of economic, social and cultural rights, like all human rights, imposes three levels of obligations on States parties - the obligation to respect, to protect and to fulfil. The obligation to fulfil further contains duties to provide, promote and facilitate.[[fn:11]] Article 3 sets a non-derogable standard for compliance with the obligations of States parties as set out in articles 6 through 15 of ICESCR.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":11,"text":"According to CESCR general comment Nos. 12 and 13, the obligation to fulfil incorporates an obligation to facilitate and an obligation to provide. In the present general comment, the obligation to fulfil also incorporates an obligation to promote the elimination of all forms of discrimination against women."}],"section":["II.  STATES PARTIES’ OBLIGATIONS","A.  General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-2005-4-0018","docId":"e-c-12-2005-4","idx":18,"n":18,"text":"The obligation to respect requires States parties to refrain from discriminatory actions that directly or indirectly result in the denial of the equal right of men and women to their enjoyment of economic, social and cultural rights. Respecting the right obliges States parties not to adopt, and to repeal laws and rescind, policies, administrative measures and programmes that do not conform with the right protected by article 3. In particular, it is incumbent upon States parties to take into account the effect of apparently gender-neutral laws, policies and programmes and to consider whether they could result in a negative impact on the ability of men and women to enjoy their human rights on a basis of equality.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","B.  Specific legal obligations","1.  Obligation to respect"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0019","docId":"e-c-12-2005-4","idx":19,"n":19,"text":"The obligation to protect requires States parties to take steps aimed directly at the elimination of prejudices, customary and all other practices that perpetuate the notion of inferiority or superiority of either of the sexes, and stereotyped roles for men and women. States parties’ obligation to protect under article 3 of ICESCR includes, inter alia, the respect and adoption of constitutional and legislative provisions on the equal right of men and women to E/C.12/2005/4 page 5 enjoy all human rights and the prohibition of discrimination of any kind; the adoption of legislation to eliminate discrimination and to prevent third parties from interfering directly or indirectly with the enjoyment of this right; the adoption of administrative measures and programmes, as well as the establishment of public institutions, agencies and programmes to protect women against discrimination.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","B.  Specific legal obligations","2.  Obligation to protect"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0020","docId":"e-c-12-2005-4","idx":20,"n":20,"text":"States parties have an obligation to monitor and regulate the conduct of non-State actors to ensure that they do not violate the equal right of men and women to enjoy economic, social and cultural rights. This obligation applies, for example, in cases where public services have been partially or fully privatized.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","B.  Specific legal obligations","2.  Obligation to protect"]},{"id":"e-c-12-2005-4-0021","docId":"e-c-12-2005-4","idx":21,"n":21,"text":"21. The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","B.  Specific legal obligations","3.  Obligation to fulfil"]},{"id":"e-c-12-2005-4-0022","docId":"e-c-12-2005-4","idx":22,"n":22,"text":"Article 3 is a cross-cutting obligation and applies to all the rights contained in articles 6 to 15 of the Covenant. It requires addressing gender-based social and cultural prejudices, providing for equality in the allocation of resources, and promoting the sharing of responsibilities in the family, community and public life. The examples provided in the following paragraphs may be taken as guidance on the ways in which article 3 applies to other rights in the Covenant, but are not intended to be exhaustive.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0023","docId":"e-c-12-2005-4","idx":23,"n":23,"text":"Article 6, paragraph 1, of the Covenant requires States parties to safeguard the right of everyone to the opportunity to gain a living by work which is freely chosen or accepted and to take the necessary steps to achieve the full realization of this right. Implementing article 3, in relation to article 6, requires inter alia, that in law and in practice, men and women have equal access to jobs at all levels and all occupations and that vocational training and guidance programmes, in both the public and private sectors, provide men and women with the skills, information and knowledge necessary for them to benefit equally from the right to work.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-2005-4-0024","docId":"e-c-12-2005-4","idx":24,"n":24,"text":"Article 7 (a) of the Covenant requires States parties to recognize the right of everyone to enjoy just and favourable conditions of work and to ensure, among other things, fair wages and equal pay for work of equal value. Article 3, in relation to article 7 requires, inter alia, that the State party identify and eliminate the underlying causes of pay differentials, such as gender-biased job evaluation or the perception that productivity differences between men and women exist. Furthermore, the State party should monitor compliance by the private sector with national legislation on working conditions through an effectively functioning labour inspectorate. The State party should adopt legislation that prescribes equal consideration in promotion, non-wage compensation and equal opportunity and support for vocational or professional development in the workplace. Finally, the State party should reduce the constraints faced by men and women in reconciling professional and family responsibilities by promoting adequate policies for childcare and care of dependent family members.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-2005-4-0025","docId":"e-c-12-2005-4","idx":25,"n":25,"text":"Article 8, paragraph 1 (a), of the Covenant requires States parties to ensure the right of everyone to form and join trade unions of his or her choice. Article 3, in relation to article 8, requires allowing men and women to organize and join workers’ associations that address their specific concerns. In this regard, particular attention should be given to domestic workers, rural women, women working in female-dominated industries and women working at home, who are often deprived of this right.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"}]},{"id":"e-c-12-2005-4-0026","docId":"e-c-12-2005-4","idx":26,"n":26,"text":"26. Article 9 of the Covenant requires that States parties recognize the right of everyone to social security, including social insurance, and to equal access to social services. Implementing article 3, in relation to article 9, requires, inter alia, equalizing the compulsory retirement age for","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-c-12-2005-4-0027","docId":"e-c-12-2005-4","idx":27,"n":27,"text":"Article 10, paragraph 1, of the Covenant requires that States parties recognize that the widest possible protection and assistance should be accorded to the family, and that marriage must be entered into with the free consent of the intending spouses. Implementing article 3, in relation to article 10, requires States parties, inter alia, to provide victims of domestic violence, who are primarily female, with access to safe housing, remedies and redress for physical, mental and emotional damage; to ensure that men and women have an equal right to choose if, whom and when to marry - in particular, the legal age of marriage for men and women should be the same, and boys and girls should be protected equally from practices that promote child marriage, marriage by proxy, or coercion; and to ensure that women have equal rights to marital property and inheritance upon their husband’s death. Gender-based violence is a form of discrimination that inhibits the ability to enjoy rights and freedoms, including economic, social and cultural rights, on a basis of equality. States parties must take appropriate measures to eliminate violence against men and women and act with due diligence to prevent, investigate, mediate, punish and redress acts of violence against them by private actors.","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-c-12-2005-4-0028","docId":"e-c-12-2005-4","idx":28,"n":28,"text":"Article 11 of the Covenant requires States parties to recognize the right of everyone to an adequate standard of living for him/herself and his/her family, including adequate housing (para. 1) and adequate food (para. 2). Implementing article 3, in relation to article 11, paragraph 1, requires that women have a right to own, use or otherwise control housing, land and property on an equal basis with men, and to access necessary resources to do so. Implementing article 3, in relation to article 11, paragraph 2, also requires States parties, inter alia, to ensure that women have access to or control over means of food production, and actively to address customary practices under which women are not allowed to eat until the men are fully fed, or are only allowed less nutritious food.[[fn:12]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":12,"text":"Other examples of obligations and possible violations of article 3 in relation to article 11 (1) and (2) are further discussed in CESCR general comment No. 12, para. 26."}],"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2005-4-0029","docId":"e-c-12-2005-4","idx":29,"n":29,"text":"Article 12 of the Covenant requires States parties to undertake steps towards the full realization of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. The implementation of article 3, in relation to article 12, requires at a minimum the removal of legal and other obstacles that prevent men and women from accessing and benefiting from health care on a basis of equality. This includes, inter alia, addressing the ways in which gender roles affect access to determinants of health, such as water and food; the removal of legal restrictions on reproductive health provisions; the prohibition of female genital mutilation; and the provision of adequate training for health-care workers to deal with women’s health issues.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":13,"text":"CESCR general comment No. 14. paras. 18-21."}],"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2005-4-0030","docId":"e-c-12-2005-4","idx":30,"n":30,"text":"Article 13, paragraph 1, of the Covenant requires States parties to recognize the right of everyone to education and in paragraph 2 (a) stipulates that primary education shall be compulsory and available free to all. Implementing article 3, in relation to article 13, requires, inter alia, the adoption of legislation and policies to ensure the same admission criteria for boys and girls at all levels of education. States parties should ensure, in particular through information and awareness-raising campaigns, that families desist from giving preferential treatment to boys when sending their children to school, and that curricula promote equality and non-discrimination. States parties must create favourable conditions to ensure the safety of children, in particular girls, on their way to and from school. E/C.12/2005/4 page 8","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-2005-4-0031","docId":"e-c-12-2005-4","idx":31,"n":31,"text":"Article 15, paragraph 1 (a) and (b), of the Covenant require States parties to recognize the right of everyone to take part in cultural life and to enjoy the benefits of scientific progress. Implementing article 3, in relation to article 15, paragraph 1 (a) and (b), requires, inter alia, overcoming institutional barriers and other obstacles, such as those based on cultural and religious traditions, which prevent women from fully participating in cultural life, science education and scientific research, and directing resources to scientific research relating to the health and economic needs of women on an equal basis with those of men.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-2005-4-0032","docId":"e-c-12-2005-4","idx":32,"n":32,"text":"The most appropriate ways and means of implementing the right under article 3 of the Covenant will vary from one State party to another. Every State party has a margin of discretion in adopting appropriate measures in complying with its primary and immediate obligation to ensure the equal right of men and women to the enjoyment of all their economic, social and cultural rights. Among other things, States parties must, integrate into national plans of action for human rights appropriate strategies to ensure the equal right of men and women to the enjoyment of economic, social and cultural rights.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0033","docId":"e-c-12-2005-4","idx":33,"n":33,"text":"These strategies should be based on the systematic identification of policies, programmes and activities relevant to the situation and context within the State, as derived from the normative content of article 3 of the Covenant and spelled out in relation to the levels and nature of States parties’ obligations referred to in paragraphs 16 to 21 above. The strategies should give particular attention to the elimination of discrimination in the enjoyment of economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0034","docId":"e-c-12-2005-4","idx":34,"n":34,"text":"States parties should periodically review existing legislation, policies, strategies and programmes in relation to economic, social and cultural rights, and adopt any necessary changes to ensure that they are consonant with their obligations under article 3 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0035","docId":"e-c-12-2005-4","idx":35,"n":35,"text":"The adoption of temporary special measures may be necessary to accelerate the equal enjoyment by women of all economic, social and cultural rights and to improve the de facto position of women.[[fn:14]] Temporary special measures should be distinguished from permanent policies and strategies undertaken to achieve equality of men and women.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":14,"text":"Reference is made in this regard to general recommendation No. 25 on article 4, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women adopted by the Committee on the Elimination of Discrimination against Women (CEDAW), CESCR general comment No. 13 and the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights. -----"}],"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"]},{"id":"e-c-12-2005-4-0036","docId":"e-c-12-2005-4","idx":36,"n":36,"text":"States parties are encouraged to adopt temporary special measures to accelerate the achievement of equality between men and women in the enjoyment of the rights under the Covenant. Such measures are not to be considered discriminatory in themselves as they are grounded in the State’s obligation to eliminate disadvantage caused by past and current discriminatory laws, traditions and practices. The nature, duration and application of such measures should be designed with reference to the specific issue and context, and should be adjusted as circumstances require. The results of such measures should be monitored with a view to being discontinued when the objectives for which they are undertaken have been achieved. E/C.12/2005/4 page 9","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"]},{"id":"e-c-12-2005-4-0037","docId":"e-c-12-2005-4","idx":37,"n":37,"text":"The right of individuals and groups of individuals to participate in decision-making processes that may affect their development must be an integral component of any policy, programme or activity developed to discharge governmental obligations under article 3 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0038","docId":"e-c-12-2005-4","idx":38,"n":38,"text":"National policies and strategies should provide for the establishment of effective mechanisms and institutions where they do not exist, including administrative authorities, ombudsmen and other national human rights institutions, courts and tribunals. These institutions should investigate and address alleged violations relating to article 3 and provide remedies for such violations. States parties, for their part, should ensure that such remedies are effectively implemented.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","B.  Remedies and accountability"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0039","docId":"e-c-12-2005-4","idx":39,"n":39,"text":"National policies and strategies should identify appropriate indicators and benchmarks on the right to equal enjoyment by men and women of economic, social and cultural rights in order to effectively monitor the implementation by the State party of its obligations under the Covenant in this regard. Disaggregated statistics, provided within specific time frames, are necessary to measure the progressive realization of economic, social and cultural rights by men and women, where appropriate.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","C.  Indicators and benchmarks"]},{"id":"e-c-12-2005-4-0040","docId":"e-c-12-2005-4","idx":40,"n":40,"text":"States parties must fulfil their immediate and primary obligation to ensure the equal right of men and women to the enjoyment of economic, social and cultural rights.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2005-4-0041","docId":"e-c-12-2005-4","idx":41,"n":41,"text":"The principle of equality between men and women is fundamental to the enjoyment of each of the specific rights enumerated in the Covenant. Failure to ensure formal and substantive equality in the enjoyment of any of these rights constitutes a violation of that right. Elimination of de jure as well as de facto discrimination is required for the equal enjoyment of economic, social and cultural rights. Failure to adopt, implement and monitor effects of laws, policies and programmes to eliminate de jure and de facto discrimination with respect to each of the rights enumerated in articles 6 to 15 of the Covenant constitutes a violation of those rights.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["IV.  VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-2005-4-0042","docId":"e-c-12-2005-4","idx":42,"n":42,"text":"42. Violations of the rights contained in the Covenant can occur through the direct action of, failure to act or omission by States parties, or through their institutions or agencies at the national and local levels. The adoption and undertaking of any retrogressive measures that affect the equal right of men and women to the enjoyment of the all the rights set forth in the Covenant constitutes a violation of article 3.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["IV.  VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-17-0001","docId":"e-c-12-gc-17","idx":1,"n":1,"text":"The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author is a human right, which derives from the inherent dignity and worth of all persons. This fact distinguishes article 15, paragraph 1 (c), and other human rights from most legal entitlements recognized in intellectual property systems. Human rights are fundamental, inalienable and universal entitlements belonging to individuals and, under certain circumstances, groups of individuals and communities. Human rights are fundamental as they are inherent to the human person as such, whereas intellectual property rights are first and foremost means by which States seek to provide incentives for inventiveness and creativity, encourage the dissemination of creative and innovative productions, as well as the development of cultural identities, and preserve the integrity of scientific, literary and artistic productions for the benefit of society as a whole.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0002","docId":"e-c-12-gc-17","idx":2,"n":2,"text":"In contrast to human rights, intellectual property rights are generally of a temporary nature, and can be revoked, licensed or assigned to someone else. While under most intellectual property systems, intellectual property rights, often with the exception of moral rights, may be allocated, limited in time and scope, traded, amended and even forfeited, human rights are timeless expressions of fundamental entitlements of the human person. Whereas the human right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions safeguards the personal link between authors and their creations and between peoples, communities, or other groups and their collective cultural heritage, as well as their basic material interests which are necessary to enable authors to enjoy an adequate standard of living, intellectual property regimes primarily protect business and corporate interests and investments. Moreover, the scope of protection of the moral and material interests of the author provided for by article 15, paragraph 1 (c), does not necessarily coincide with what is referred to as intellectual property rights under national legislation or international agreements.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":1,"text":"Relevant international instruments include, inter alia, the Paris Convention for the Protection of Industrial Property, as last revised in 1967; the Berne Convention for the Protection of Literary and Artistic Works, as last revised in 1979; the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention); the WIPO Copyright Treaty; the WIPO Performances and Phonograms Treaty (which, inter alia, provides international protection for performers of “expressions of folklore”),"}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0003","docId":"e-c-12-gc-17","idx":3,"n":3,"text":"It is therefore important not to equate intellectual property rights with the human right recognized in article 15, paragraph 1 (c). The human right to benefit from the protection of the moral and material interests of the author is recognized in a number of international instruments. In identical language, article 27, paragraph 2, of the Universal Declaration of Human Rights provides: “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” Similarly, this right is recognized in regional human rights instruments, such as article 13, paragraph 2, of the American Declaration of the Rights and Duties of Man of 1948, article 14, paragraph 1 (c), of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights of 1988 (“Protocol of San Salvador”) and, albeit not explicitly, in article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1952 (European Convention on Human Rights).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 15, paragraph 1 (c)' in CESCR GC17 on authors' moral and material interests; ICESCR art.15."},{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27, paragraph 2, of the Universal Declaration of Human Rights'; UDHR is non-treaty."},{"article":"13","treaty":"?","confidence":"high","source":"opus","rationale":"'article 13, paragraph 2, of the American Declaration of the Rights and Duties of Man of 1948'; regional non-treaty declaration."},{"article":"14","treaty":"?","confidence":"high","source":"opus","rationale":"'article 14, paragraph 1 (c), of the Additional Protocol to the American Convention on Human Rights' (Protocol of San Salvador); regional treaty not in enumerated list."},{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"'article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms' (ECHR Protocol 1); regional, not in enumerated list."}]},{"id":"e-c-12-gc-17-0004","docId":"e-c-12-gc-17","idx":4,"n":4,"text":"4. The right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions seeks to encourage the active contribution of creators to the arts and sciences and to the progress of society as a whole. As such, it is intrinsically linked to the other rights recognized in article 15 of the Covenant, i.e. the right to","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":2,"text":"See article 17 of the Universal Declaration of Human Rights; article 5 (d) (v) of the International Convention on the Elimination of All Forms of Racial Discrimination; article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights); article 21 of the American Convention on Human Rights; and article 4 of the African Charter on Human and Peoples’ Rights (Banjul Charter)."},{"n":3,"text":"See article 19 of the Universal Declaration of Human Rights; article 19, paragraph 2, of the International Covenant on Civil and Political Rights; article 5 of the European Convention on Human Rights; article 13 of the American Declaration on Human Rights and article 9 of the African Charter on Human and People’s Rights."},{"n":4,"text":"See article 26, paragraph 2, of the Universal Declaration of Human Rights. See also article 13, paragraph 1, of the Covenant."},{"n":5,"text":"See article 5 (e) (vi) of the Convention on the Elimination of All Forms of Racial Discrimination; article 14 of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador) and article 17, paragraph 2, of the African Charter on Human and Peoples’ Rights."},{"n":6,"text":"See article 27 of the International Covenant on Civil and Political Rights; article 13 (c) of the Convention on the Elimination of all Forms of Discrimination against Women; article 31 of the Convention on the Rights of the Child and article 31 of the International Convention on the Rights of All Migrant Workers and Members of their Families."}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0005","docId":"e-c-12-gc-17","idx":5,"n":5,"text":"With a view to assisting States parties’ implementation of the Covenant and fulfilment of their reporting obligations, this general comment focuses on the normative content of article 15, paragraph 1 (c) (Part I), States parties’ obligations (Part II), violations (Part III) and implementation at the national level (Part IV), while the obligations of actors other than States parties are addressed in Part V.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0006","docId":"e-c-12-gc-17","idx":6,"n":6,"text":"Article 15, paragraph 1, enumerates, in three paragraphs, three rights covering different aspects of cultural participation, including the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (art. 15, para. 1 (c)), without explicitly defining the content and scope of this right. Therefore, each of the elements of article 15, paragraph 1 (c), requires interpretation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0007","docId":"e-c-12-gc-17","idx":7,"n":7,"text":"The Committee considers that only the “author”, namely the creator, whether man or woman, individual or group of individuals,[[fn:7]] of scientific, literary or artistic productions, such as, inter alia, writers and artists, can be the beneficiary of the protection of article 15, paragraph 1 (c). This follows from the words “everyone”, “he” and “author”, which indicate that the drafters of that article seemed to have believed authors of scientific, literary or artistic productions to be natural persons,[[fn:8]] without at that time realizing that they could also be groups of individuals. Under the existing international treaty protection regimes, legal entities are included among the holders of intellectual property rights. However, as noted above, their entitlements, because of their different nature, are not protected at the level of human rights.[[fn:9]] E/C.12/GC/17 page 4","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":7,"text":"See also paragraph 32 below."},{"n":8,"text":"See Maria Green, International Anti-Poverty Law Centre, “Drafting history of article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights”, E/C.12/2000/15, paragraph 45."},{"n":9,"text":"Committee on Economic, Social and Cultural Rights, twenty-seventh session (2001), “Human Rights and Intellectual Property”, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 6."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Author”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0008","docId":"e-c-12-gc-17","idx":8,"n":8,"text":"Although the wording of article 15, paragraph 1 (c), generally refers to the individual creator (“everyone”, “he”, “author”), the right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary or artistic productions can, under certain circumstances, also be enjoyed by groups of individuals or by communities.[[fn:10]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":10,"text":"See also paragraph 32 below."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Author”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0009","docId":"e-c-12-gc-17","idx":9,"n":9,"text":"The Committee considers that “any scientific, literary or artistic production”, within the meaning of article 15, paragraph 1 (c), refers to creations of the human mind, that is to “scientific productions”, such as scientific publications and innovations, including knowledge, innovations and practices of indigenous and local communities, and “literary and artistic productions”, such as, inter alia, poems, novels, paintings, sculptures, musical compositions, theatrical and cinematographic works, performances and oral traditions.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Any scientific, literary or artistic production”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0010","docId":"e-c-12-gc-17","idx":10,"n":10,"text":"The Committee considers that article 15, paragraph 1 (c), recognizes the right of authors to benefit from some kind of protection of the moral and material interests resulting from their scientific, literary or artistic productions, without specifying the modalities of such protection. In order not to render this provision devoid of any meaning, the protection afforded needs to be effective in securing for authors the moral and material interests resulting from their productions. However, the protection under article 15, paragraph 1 (c), need not necessarily reflect the level and means of protection found in present copyright, patent and other intellectual property regimes, as long as the protection available is suited to secure for authors the moral and material interests resulting from their productions, as defined in paragraphs 12 to 16 below.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Benefit from the protection”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0011","docId":"e-c-12-gc-17","idx":11,"n":11,"text":"The Committee observes that, by recognizing the right of everyone to “benefit from the protection” of the moral and material interests resulting from one’s scientific, literary or artistic productions, article 15, paragraph 1 (c), by no means prevents States parties from adopting higher protection standards in international treaties on the protection of the moral and material interests of authors or in their domestic laws,[[fn:11]] provided that these standards do not unjustifiably limit the enjoyment by others of their rights under the Covenant.[[fn:12]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":11,"text":"See article 5, paragraph 2 of the Covenant."},{"n":12,"text":"See below, at paragraphs 22, 23 and 35. See also articles 4 and 5 of the Covenant."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Benefit from the protection”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0012","docId":"e-c-12-gc-17","idx":12,"n":12,"text":"The protection of the “moral interests” of authors was one of the main concerns of the drafters of article 27, paragraph 2, of the Universal Declaration of Human Rights: “Authors of all artistic, literary, scientific works and inventors shall retain, in addition to just remuneration of their labour, a moral right on their work and/or discovery which shall not disappear, even after such a work shall have become the common property of mankind.”[[fn:13]] Their intention was to proclaim the intrinsically personal character of every creation of the human mind and the ensuing durable link between creators and their creations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":13,"text":"Commission on Human Rights, second session, Report of the Working Group on the Declaration on Human Rights, E/CN.4/57, 10 December 1947, page 15."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Moral interests”"],"citedArticles":[{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27, paragraph 2, of the Universal Declaration of Human Rights'; UDHR is non-treaty."}]},{"id":"e-c-12-gc-17-0013","docId":"e-c-12-gc-17","idx":13,"n":13,"text":"13. In line with the drafting history of article 27, paragraph 2, of the Universal Declaration of Human Rights and article 15, paragraph 1 (c), of the Covenant, the Committee considers that “moral interests” in article 15, paragraph 1 (c), include the right of authors to be recognized as","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":14,"text":"See article 6 bis of the Berne Convention for the Protection of Literary and Artistic Works."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Moral interests”"],"citedArticles":[{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27, paragraph 2, of the Universal Declaration of Human Rights'; UDHR is non-treaty."},{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 15, paragraph 1 (c), of the Covenant' in CESCR GC17; ICESCR art.15."},{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Second 'article 15, paragraph 1 (c)' in same sentence (Covenant); ICESCR."}]},{"id":"e-c-12-gc-17-0014","docId":"e-c-12-gc-17","idx":14,"n":14,"text":"The Committee stresses the importance of recognizing the value of scientific, literary and artistic productions as expressions of the personality of their creator, and notes that protection of moral interests can be found, although to a varying extent, in most States, regardless of the legal system in force.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Moral interests”"]},{"id":"e-c-12-gc-17-0015","docId":"e-c-12-gc-17","idx":15,"n":15,"text":"The protection of “material interests” of authors in article 15, paragraph 1 (c), reflects the close linkage of this provision with the right to own property, as recognized in article 17 of the Universal Declaration of Human Rights and in regional human rights instruments, as well as with the right of any worker to adequate remuneration (art. 7 (a)). Unlike other human rights, the material interests of authors are not directly linked to the personality of the creator, but contribute to the enjoyment of the right to an adequate standard of living (art. 11, para. 1).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Material interests”"],"citedArticles":[{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 15, paragraph 1 (c)' on protection of material interests of authors; ICESCR art.15."},{"article":"17","treaty":"?","confidence":"high","source":"opus","rationale":"'article 17 of the Universal Declaration of Human Rights' on right to own property; UDHR is non-treaty."},{"article":"7","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'art. 7 (a)' on adequate remuneration in CESCR GC17 context; ICESCR art.7."},{"article":"11","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'art. 11, para. 1' on adequate standard of living in CESCR GC; ICESCR art.11."}]},{"id":"e-c-12-gc-17-0016","docId":"e-c-12-gc-17","idx":16,"n":16,"text":"The term of protection of material interests under article 15, paragraph 1 (c), need not extend over the entire lifespan of an author. Rather, the purpose of enabling authors to enjoy an adequate standard of living can also be achieved through one-time payments or by vesting an author, for a limited period of time, with the exclusive right to exploit his scientific, literary or artistic production.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Material interests”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0017","docId":"e-c-12-gc-17","idx":17,"n":17,"text":"The word “resulting” stresses that authors only benefit from the protection of such moral and material interests which are directly generated by their scientific, literary or artistic productions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Resulting”"]},{"id":"e-c-12-gc-17-0018","docId":"e-c-12-gc-17","idx":18,"n":18,"text":"18. The right to the protection of the moral and material interests of authors contains the following essential and interrelated elements, the precise application of which will depend on the economic, social and cultural conditions prevailing in a particular State party:","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Conditions for States parties’ compliance with article 15, paragraph 1 (c)"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0019","docId":"e-c-12-gc-17","idx":19,"n":19,"text":"Article 2, paragraph 2, and article 3 of the Covenant prohibit any discrimination in the access to an effective protection of the moral and material interests of authors, including administrative, judicial and other remedies, on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right as recognized in article 15, paragraph 1 (c).[[fn:15]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":15,"text":"This prohibition, to some extent, duplicates the national treatment provisions contained in international conventions for the protection of intellectual property, the main difference being that articles 2, paragraph 2 and 3 of the Covenant apply not only to foreigners but also to a State party’s own nationals (see articles 6 to 15 of the Covenant: “everyone”). See also Committee on Economic, Social and Cultural Rights, thirty-fourth session, general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights, 13 May 2005."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0020","docId":"e-c-12-gc-17","idx":20,"n":20,"text":"The Committee stresses that the elimination of discrimination to ensure equal access to an effective protection of the moral and material interests of authors can often be achieved with limited resources through the adoption or amendment or abrogation of legislation or through the dissemination of information. The Committee recalls general comment No. 3 (1990) on the nature of States parties’ obligations, paragraph 12, which states that even in times of severe resource constraints, the disadvantaged and marginalized individuals and groups of society must be protected by the adoption of relatively low-cost targeted programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-17-0021","docId":"e-c-12-gc-17","idx":21,"n":21,"text":"21. The adoption of temporary special measures taken for the sole purpose of securing de facto equality for disadvantaged or marginalized individuals or groups, as well as those subjected to discrimination is not a violation of the right to benefit from the protection of the moral and material interests of the author, provided that such measures do not perpetuate unequal or separate protection standards for different individuals or groups and are discontinued once the objectives for which they were adopted are achieved.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-17-0022","docId":"e-c-12-gc-17","idx":22,"n":22,"text":"The right to the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions is subject to limitations and must be balanced with the other rights recognized in the Covenant.[[fn:16]] However, limitations on the rights protected under article 15, paragraph 1 (c), must be determined by law in a manner compatible with the nature of these rights, must pursue a legitimate aim, and must be strictly necessary for the promotion of the general welfare in a democratic society, in accordance with article 4 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":16,"text":"See paragraph 35 below. The need to strike an adequate balance between article 15, paragraph 1 (c), and other rights under the Covenant applies, in particular, to the rights to take part in cultural life (art. 15, para. 1 (a)) and to enjoy the benefits of scientific progress and its applications (art. 15, para. 1 (b)), as well as the rights to food (art. 11), health (art. 12) and education (art. 13)."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-17-0023","docId":"e-c-12-gc-17","idx":23,"n":23,"text":"Limitations must therefore be proportionate, meaning that the least restrictive measures must be adopted when several types of limitations may be imposed. Limitations must be compatible with the very nature of the rights protected in article 15, paragraph 1 (c), which lies in the protection of the personal link between the author and his/her creation and of the means which are necessary to enable authors to enjoy an adequate standard of living.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0024","docId":"e-c-12-gc-17","idx":24,"n":24,"text":"The imposition of limitations may, under certain circumstances, require compensatory measures, such as payment of adequate compensation[[fn:17]] for the use of scientific, literary or artistic productions in the public interest.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":17,"text":"See article 17, paragraph 2, of the Universal Declaration of Human Rights; article 21, paragraph 2, of the American Convention on Human Rights and article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-17-0025","docId":"e-c-12-gc-17","idx":25,"n":25,"text":"While the Covenant provides for progressive realization and acknowledges constraints based on limits of available resources (art. 2, para. 1), it also imposes on States parties various obligations that are of an immediate effect, including core obligations. Steps taken to fulfil obligations must be deliberate, concrete and targeted towards the full realization of the right of everyone to benefit from the protection of the moral and material benefits resulting from any scientific, literary or artistic production of which he or she is the author.[[fn:18]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":18,"text":"See general comment No. 3 (1990), at paragraph 9; general comment No. 13 (1999) on the right to education, at paragraph 43 and general comment No. 14 (2000) on the right to the highest attainable standard of health, at paragraph 30. See also the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights (Limburg Principles), at paragraphs 16 and 22, Maastricht, 2-6 June 1986."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-17-0026","docId":"e-c-12-gc-17","idx":26,"n":26,"text":"The progressive realization of that right over a period of time means that States parties have a specific and continuing obligation to move as expeditiously and effectively as possible towards the full realization of article 15, paragraph 1 (c).[[fn:19]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":19,"text":"See general comment No. 3 (1990), paragraph 9; general comment No. 13 (1999), paragraph 44; general comment No. 14 (2000), paragraph 31. See also Limburg Principles, paragraph 21."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0027","docId":"e-c-12-gc-17","idx":27,"n":27,"text":"As in the case of all other rights contained in the Covenant, there is a strong presumption that retrogressive measures taken in relation to the right to the protection of the moral and material interests of authors are not permissible. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after careful consideration of all alternatives and that they are duly justified in the light of the totality of the rights recognized in the Covenant.[[fn:20]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":20,"text":"See general comment No. 3 (1990), at paragraph 9; general comment No. 13 (1999), at paragraph 45 and general comment No. 14 (2000), at paragraph 32."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"]},{"id":"e-c-12-gc-17-0028","docId":"e-c-12-gc-17","idx":28,"n":28,"text":"28. The right of everyone to benefit from the protection of the moral and material benefits resulting from any scientific, literary or artistic production of which he or she is the author, like all human rights, imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. The obligation to respect requires States parties to refrain from interfering directly or indirectly with the enjoyment of the right to benefit from the protection of the moral and material interests of the author. The obligation to protect requires States parties to","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":21,"text":"See general comment No. 13 (1999), at paragraphs 46 and 47, and general comment No. 14 (2000), at paragraph 33. See also Maastricht Guidelines on Violations of Economic, Social and Cultural Rights (Maastricht Guidelines), paragraph 6, Maastricht, 22-26 January 1997."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0029","docId":"e-c-12-gc-17","idx":29,"n":29,"text":"The full realization of article 15, paragraph 1 (c), requires measures necessary for the conservation, development and diffusion of science and culture. This follows from article 15, paragraph 2, of the Covenant, which defines obligations that apply to each aspect of the rights recognized in article 15, paragraph 1, including the right of authors to benefit from the protection of their moral and material interests.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0030","docId":"e-c-12-gc-17","idx":30,"n":30,"text":"States parties are under an obligation to respect the human right to benefit from the protection of the moral and material interests of authors by, inter alia, abstaining from infringing the right of authors to be recognized as the creators of their scientific, literary or artistic productions and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, their productions that would be prejudicial to their honour or reputation. States parties must abstain from unjustifiably interfering with the material interests of authors, which are necessary to enable those authors to enjoy an adequate standard of living.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-17-0031","docId":"e-c-12-gc-17","idx":31,"n":31,"text":"Obligations to protect include the duty of States parties to ensure the effective protection of the moral and material interests of authors against infringement by third parties. In particular, States parties must prevent third parties from infringing the right of authors to claim authorship of their scientific, literary or artistic productions, and from distorting, mutilating or otherwise modifying, or taking any derogatory action in relation to such productions in a manner that would be prejudicial to the author’s honour or reputation. Similarly, States parties are obliged to prevent third parties from infringing the material interests of authors resulting from their productions. To that effect, States parties must prevent the unauthorized use of scientific, literary and artistic productions that are easily accessible or reproducible through modern communication and reproduction technologies, e.g. by establishing systems of collective administration of authors’ rights or by adopting legislation requiring users to inform authors of any use made of their productions and to remunerate them adequately. States parties must ensure that third parties adequately compensate authors for any unreasonable prejudice suffered as a consequence of the unauthorized use of their productions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-17-0032","docId":"e-c-12-gc-17","idx":32,"n":32,"text":"32. With regard to the right to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of indigenous peoples, States parties should adopt measures to ensure the effective protection of the interests of indigenous peoples relating to their productions, which are often expressions of their cultural heritage and traditional knowledge. In adopting measures to protect scientific, literary and artistic productions of indigenous peoples, States parties should take into account their preferences. Such protection might include the adoption of measures to recognize, register and protect the individual or collective authorship of indigenous peoples under national intellectual property rights regimes and should prevent the unauthorized use of scientific, literary and artistic productions of indigenous peoples by third parties. In implementing these protection measures, States parties should respect the principle of free, prior and informed consent of the indigenous authors","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-17-0033","docId":"e-c-12-gc-17","idx":33,"n":33,"text":"States parties in which ethnic, religious or linguistic minorities exist are under an obligation to protect the moral and material interests of authors belonging to these minorities through special measures to preserve the distinctive character of minority cultures.[[fn:22]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":22,"text":"See article 15, paragraph 1 (c), of the Covenant, read in conjunction with article 27 of the International Covenant on Civil and Political Rights. See also UNESCO, General Conference, nineteenth session, Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It, adopted on 26 November 1976, at paragraph I (2) (f)."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-17-0034","docId":"e-c-12-gc-17","idx":34,"n":34,"text":"The obligation to fulfil (provide) requires States parties to provide administrative, judicial or other appropriate remedies in order to enable authors to claim the moral and material interests resulting from their scientific, literary or artistic productions and to seek and obtain effective redress in cases of violation of these interests.[[fn:23]] States parties are also required to fulfil (facilitate) the right in article 15, paragraph 1 (c), e.g. by taking financial and other positive measures which facilitate the formation of professional and other associations representing the moral and material interests of authors, including disadvantaged and marginalized authors, in line with article 8, paragraph 1 (a), of the Covenant.[[fn:24]] The obligation to fulfil (promote) requires States parties to ensure the right of authors of scientific, literary and artistic productions to take part in the conduct of public affairs and in any significant decision-making processes that have an impact on their rights and legitimate interests, and to consult these individuals or groups or their elected representatives prior to the adoption of any significant decisions affecting their rights under article 15, paragraph 1 (c).[[fn:25]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":23,"text":"See Committee on Economic, Social and Cultural Rights, nineteenth session, general comment No. 9 (1998) on the domestic application of the Covenant, at paragraph 9. See also article 8 of the Universal Declaration of Human Rights and article 2, paragraph 3, of the International Covenant on Civil and Political Rights."},{"n":24,"text":"See also article 22, paragraph 1, of the International Covenant on Civil and Political Rights."},{"n":25,"text":"See Committee on Economic, Social and Cultural Rights, twenty-seventhsession (2001), “Human Rights and Intellectual Property”, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 9."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0035","docId":"e-c-12-gc-17","idx":35,"n":35,"text":"35. The right of authors to benefit from the protection of the moral and material interests resulting from their scientific, literary and artistic productions cannot be isolated from the other rights recognized in the Covenant. States parties are therefore obliged to strike an adequate balance between their obligations under article 15, paragraph 1 (c), on one hand, and under the other provisions of the Covenant, on the other hand, with a view to promoting and protecting the full range of rights guaranteed in the Covenant. In striking this balance, the private interests of authors should not be unduly favoured and the public interest in enjoying broad access to their productions should be given due consideration. States parties should therefore ensure that their legal or other regimes for the protection of the moral and material interests resulting from one’s scientific, literary or artistic productions constitute no impediment to their ability to comply with their core obligations in relation to the rights to food, health and education, as well as to take part in cultural life and to enjoy the benefits of scientific progress and its applications, or any other right enshrined in the Covenant. Ultimately, intellectual property is a social product and has a social function. States parties thus have a duty to prevent unreasonably high costs for access to essential medicines, plant seeds or other means of food production, or for schoolbooks and learning materials, from undermining the rights of large segments of the population to health, food and education. Moreover, States parties should prevent the use of scientific and technical progress for purposes contrary to human rights and dignity, including the rights to life, health and privacy, e.g. by excluding inventions from patentability whenever their commercialization would jeopardize the full realization of these rights. States parties should, in particular, consider to what extent the patenting of the human body and its parts would affect their obligations under the Covenant or under other relevant international human rights instruments.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":26,"text":"Ibid., at paragraph 17.","isIbid":true,"resolvedText":"See Committee on Economic, Social and Cultural Rights, twenty-seventhsession (2001), “Human Rights and Intellectual Property”, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 9."},{"n":27,"text":"Ibid., at paragraph 12.","isIbid":true,"resolvedText":"See Committee on Economic, Social and Cultural Rights, twenty-seventhsession (2001), “Human Rights and Intellectual Property”, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 9."},{"n":28,"text":"Ibid., at paragraph 4.","isIbid":true,"resolvedText":"See Committee on Economic, Social and Cultural Rights, twenty-seventhsession (2001), “Human Rights and Intellectual Property”, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 9."},{"n":29,"text":"Cf. article 27, paragraph 2, of the WTO TRIPS Agreement."},{"n":30,"text":"See article 4 of the UNESCO Universal Declaration on the Human Genome and Human Rights, although this instrument is not as such legally binding."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Related obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0036","docId":"e-c-12-gc-17","idx":36,"n":36,"text":"In its general comment No. 3 (1990), the Committee drew attention to the obligation of all States parties to take steps, individually and through international assistance and cooperation, especially economic and technical, towards the full realization of the rights recognized in the Covenant. In the spirit of Article 56 of the Charter of the United Nations, as well as the specific provisions of the Covenant (arts. 2, para. 1, 15, para. 44 and 23), States parties should recognize the essential role of international cooperation for the achievement of the rights recognized in the Covenant, including the right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions, and should comply with their commitment to take joint and separate action to that effect. International cultural and scientific cooperation should be carried out in the common interest of all peoples.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","International obligations"],"citedArticles":[{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"'Article 56 of the Charter of the United Nations'; UN Charter, non-treaty."}]},{"id":"e-c-12-gc-17-0037","docId":"e-c-12-gc-17","idx":37,"n":37,"text":"The Committee recalls that, in accordance with Articles 55 and 56 of the Charter of the United Nations, well-established principles of international law, and the provisions of the Covenant itself, international cooperation for development and thus for the realization of economic, social and cultural rights is an obligation of all States parties and, in particular, of States which are in a position to assist.[[fn:31]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":31,"text":"Committee on Economic, Social and Cultural Rights, fifth session, general comment No. 3 (1990), at paragraph 14."}],"section":["III. STATES PARTIES’ OBLIGATIONS","International obligations"],"citedArticles":[{"article":"55","treaty":"?","confidence":"high","source":"opus","rationale":"'Articles 55 and 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Same 'Articles 55 and 56 of the Charter of the United Nations'; UN Charter."}]},{"id":"e-c-12-gc-17-0038","docId":"e-c-12-gc-17","idx":38,"n":38,"text":"Bearing in mind the different levels of development of States parties, it is essential that any system for the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions facilitates and promotes development cooperation, technology transfer, and scientific and cultural cooperation,[[fn:32]] while at the same time taking due account of the need to preserve biological diversity.[[fn:33]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":32,"text":"Committee on Economic, Social and Cultural Rights, twenty-seventhsession, Human Rights and Intellectual Property, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 15."},{"n":33,"text":"See article 8 (j) of the Convention on Biological Diversity. See also Sub-Commission on the Promotion and Protection of Human Rights, 26thmeeting, Resolution 2001/21, E/CN.4/Sub.2/Res/2001/21."}],"section":["III. STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-gc-17-0039","docId":"e-c-12-gc-17","idx":39,"n":39,"text":"39. In general comment No. 3 (1990), the Committee confirmed that States parties have a core obligation to ensure the satisfaction of minimum essential levels of each of the rights enunciated in the Covenant. In conformity with other human rights instruments, as well as international agreements on the protection of the moral and material interests resulting from one’s scientific, literary or artistic productions, the Committee considers that article 15, paragraph 1 (c), of the Covenant entails at least the following core obligations, which are of immediate effect:","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Core obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0040","docId":"e-c-12-gc-17","idx":40,"n":40,"text":"The Committee wishes to emphasize that it is particularly incumbent on States parties and other actors in a position to assist, to provide “international assistance and cooperation, especially economic and technical”, which enable developing countries to fulfil their obligations indicated in paragraph 36 above.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Core obligations"]},{"id":"e-c-12-gc-17-0041","docId":"e-c-12-gc-17","idx":41,"n":41,"text":"In determining which actions or omissions by States parties amount to a violation of the right to the protection of the moral and material interests of authors, it is important to distinguish the inability from the unwillingness of a State party to comply with its obligations under article 15, paragraph 1 (c). This follows from article 2, paragraph 1, of the Covenant, which obliges each State party to take the necessary steps to the maximum of its available resources. A State which is unwilling to use the maximum of its available resources for the realization of the right of authors to benefit from the protection of the moral and material interests resulting from their scientific, literary and artistic productions is in violation of its obligations under article 15, paragraph 1 (c). If resource constraints render it impossible for a State to comply fully with its obligations under the Covenant, it has the burden of justifying that every effort has been made to use all available resources at its disposal to satisfy, as a matter of priority, the core obligations outlined above.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0042","docId":"e-c-12-gc-17","idx":42,"n":42,"text":"Violations of the right to benefit from the protection of the moral and material interests of authors can occur through the direct action of States parties or of other entities insufficiently regulated by States parties. The adoption of any retrogressive measures incompatible with the core obligations under article 15, paragraph 1 (c), outlined in paragraph 39 above, constitutes a violation of that right. Violations through acts of commission include the formal repeal or unjustifiable suspension of legislation protecting the moral and material interests resulting from one’s scientific, literary and artistic productions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0043","docId":"e-c-12-gc-17","idx":43,"n":43,"text":"43. Violations of article 15, paragraph 1 (c), can also occur through the omission or failure of States parties to take necessary measures to comply with its legal obligations under that provision. Violations through omission include the failure to take appropriate steps towards the full realization of the right of authors to benefit from the protection of the moral and material interests resulting from their scientific, literary or artistic productions and the failure to enforce relevant laws or to provide administrative, judicial or other appropriate remedies enabling authors to assert their rights under article 15, paragraph 1 (c).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0044","docId":"e-c-12-gc-17","idx":44,"n":44,"text":"Violations of the obligation to respect include State actions, policies or laws which have the effect of infringing the right of authors to be recognized as the creators of their scientific, literary and artistic productions and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, their productions that would be prejudicial to their honour or reputation; unjustifiably interfering with the material interests of authors, which are necessary to enable those authors to enjoy an adequate standard of living; denying authors access to administrative, judicial or other appropriate remedies to seek redress in case their moral and material interests have been violated; and discriminating against individual authors in relation to the protection of their moral and material interests.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS"]},{"id":"e-c-12-gc-17-0045","docId":"e-c-12-gc-17","idx":45,"n":45,"text":"Violations of the obligation to protect follow from the failure of a State to take all necessary measures to safeguard authors within their jurisdiction from infringements of their moral and material interests by third parties. This category includes such omissions as the failure to enact and/or enforce legislation prohibiting any use of scientific, literary or artistic productions that is incompatible with the right of authors to be recognized as the creator of their productions or that distorts, mutilates or otherwise modifies, or is derogatory towards, such productions in a manner that would be prejudicial to their honour or reputation or that unjustifiably interferes with those material interests that are necessary to enable authors to enjoy an adequate standard of living; and the failure to ensure that third parties adequately compensate authors, including indigenous authors, for any unreasonable prejudice suffered as a consequence of the unauthorized use of their scientific, literary and artistic productions.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to protect"]},{"id":"e-c-12-gc-17-0046","docId":"e-c-12-gc-17","idx":46,"n":46,"text":"Violations of the obligation to fulfil occur when States parties fail to take all necessary steps within their available resources to promote the realization of the right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary or artistic productions. Examples include the failure to provide administrative, judicial or other appropriate remedies enabling authors, especially those belonging to disadvantaged and marginalized groups, to seek and obtain redress in case their moral and material interests have been infringed, or the failure to provide adequate opportunities for the active and informed participation of authors and groups of authors in any decision-making process that has an impact on their right to benefit from the protection of the moral and material interests resulting from their scientific, literary or artistic productions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to fulfil"]},{"id":"e-c-12-gc-17-0047","docId":"e-c-12-gc-17","idx":47,"n":47,"text":"47. The most appropriate measures to implement the right to the protection of the moral and material interests of the author will vary significantly from one State to another. Every State has a considerable margin of discretion in assessing which measures are most suitable to meet its specific needs and circumstances. The Covenant, however, clearly imposes a duty on each State","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","National legislation"]},{"id":"e-c-12-gc-17-0048","docId":"e-c-12-gc-17","idx":48,"n":48,"text":"National laws and regulations for the protection of the moral and material interests of the author should be based on the principles of accountability, transparency and independence of the judiciary, since these principles are essential to the effective implementation of all human rights, including article 15, paragraph 1 (c). In order to create a favourable climate for the realization of that right, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider the effects on the enjoyment of other human rights of the right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions. In monitoring progress towards the realization of article 15, paragraph 1 (c), States parties should identify the factors and difficulties affecting implementation of their obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","National legislation"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0049","docId":"e-c-12-gc-17","idx":49,"n":49,"text":"States parties should identify appropriate indicators and benchmarks designed to monitor, at the national and international levels, States parties’ obligations under article 15, paragraph 1 (c). States parties may obtain guidance on appropriate indicators, which should address different aspects of the right to the protection of the moral and material interests of the author, from the World Intellectual Property Organization (WIPO), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and other specialized agencies and programmes within the United Nations system that are concerned with the protection of scientific, literary and artistic productions. Such indicators must be disaggregated on the basis of the prohibited grounds of discrimination, and cover a specified time frame.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0050","docId":"e-c-12-gc-17","idx":50,"n":50,"text":"Having identified appropriate indicators in relation to article 15, paragraph 1 (c), States parties are invited to set appropriate national benchmarks in relation to each indicator. During the periodic reporting procedure, the Committee will engage in a process of scoping with the State party. Scoping involves the joint consideration by the State party and the Committee of the indicators and national benchmarks, which will then provide the targets to be achieved by the State party during the next reporting cycle. During that period, the State party will use these national benchmarks to monitor its implementation of article 15, paragraph 1 (c). Thereafter, in the subsequent reporting process, the State party and the Committee will consider whether or not the benchmarks have been achieved, and any difficulties that may have been encountered.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0051","docId":"e-c-12-gc-17","idx":51,"n":51,"text":"The human right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author should be adjudicated by competent judicial and administrative bodies. Indeed, effective protection of the moral and material interests of authors resulting from their scientific, literary and artistic productions would be hardly conceivable without the possibility of availing oneself of administrative, judicial or other appropriate remedies.[[fn:34]] E/C.12/GC/17 page 14","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":34,"text":"Cf. Universal Declaration of Human Rights, article 8; general comment No. 9 (1998), at paragraphs 3 and 9; Limburg Principles, at paragraph 19; Maastricht Guidelines, at paragraph 22."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-17-0052","docId":"e-c-12-gc-17","idx":52,"n":52,"text":"All authors who are victims of a violation of the protected moral and material interests resulting from their scientific, literary or artistic productions should, consequently, have access to effective administrative, judicial or other appropriate remedies at the national level. Such remedies should not be unreasonably complicated or costly, or entail unreasonable time limits or unwarranted delays.[[fn:35]] Parties to legal proceedings should have the right to have these proceedings reviewed by a judicial or other competent authority.[[fn:36]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":35,"text":"See general comment No. 9 (1998), at paragraph 9 (with regard to administrative remedies). See further article 14 (1) of the International Covenant on Civil and Political Rights."},{"n":36,"text":"See general comment No. 9, at paragraph 9."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-17-0053","docId":"e-c-12-gc-17","idx":53,"n":53,"text":"All victims of violations of the rights protected under article 15, paragraph 1 (c), should be entitled to adequate compensation or satisfaction.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0054","docId":"e-c-12-gc-17","idx":54,"n":54,"text":"National ombudsmen, human rights commissions, where they exist, and professional associations of authors or similar institutions should address violations of article 15, paragraph 1 (c).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0055","docId":"e-c-12-gc-17","idx":55,"n":55,"text":"While only States parties to the Covenant are held accountable for compliance with its provisions, they are nevertheless urged to consider regulating the responsibility resting on the private business sector, private research institutions and other non-State actors to respect the rights recognized in article 15, paragraph 1 (c), of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0056","docId":"e-c-12-gc-17","idx":56,"n":56,"text":"The Committee notes that, as members of international organizations such as WIPO, UNESCO, the Food and Agriculture Organization of the United Nations (FAO), the World Health Organization (WHO), and the World Trade Organization (WTO), States parties have an obligation to take whatever measures they can to ensure that the policies and decisions of those organizations are in conformity with their obligations under the Covenant, in particular the obligations contained in articles 2, paragraph 1, 15, paragraph 4, 22 and 23 concerning international assistance and cooperation.[[fn:37]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":37,"text":"Cf. Committee on Economic, Social and Cultural Rights, eighteenth session, Globalization and Economic, Social and Cultural Rights, Statement by the Committee on Economic, Social and Cultural Rights, 11 May 1998, at paragraph 5. -----"}],"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-17-0057","docId":"e-c-12-gc-17","idx":57,"n":57,"text":"57. United Nations organs, as well as specialized agencies, should, within their fields of competence and in accordance with articles 22 and 23 of the Covenant, take international measures likely to contribute to the effective implementation of article 15, paragraph 1 (c). In particular, WIPO, UNESCO, FAO, WHO and other relevant agencies, organs and mechanisms of the United Nations are called upon to intensify their efforts to take into account human rights principles and obligations in their work concerning the protection of the moral and material benefits resulting from one’s scientific, literary and artistic productions, in cooperation with the Office of the High Commissioner for Human Rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-18-0001","docId":"e-c-12-gc-18","idx":1,"n":1,"text":"The right to work is a fundamental right, recognized in several international legal instruments. The International Covenant on Economic, Social and Cultural Rights (ICESCR), as laid down in article 6, deals more comprehensively than any other instrument with this right. The right to work is essential for realizing other human rights and forms an inseparable and inherent part of human dignity. Every individual has the right to be able to work, allowing him/her to live in dignity. The right to work contributes at the same time to the survival of the individual and to that of his/her family, and insofar as work is freely chosen or accepted, to his/her development and recognition within the community.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":1,"text":"See the preamble to ILO Convention No. 168, 1988: “… the importance of work and productive employment in any society not only because of the resources which they create for the community, but also because of the income which they bring to workers, the social role which they confer and the feeling of self-esteem which workers derive from them.”"}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0002","docId":"e-c-12-gc-18","idx":2,"n":2,"text":"The ICESCR proclaims the right to work in a general sense in its article 6 and explicitly develops the individual dimension of the right to work through the recognition in article 7 of the right of everyone to the enjoyment of just and favourable conditions of work, in particular the right to safe working conditions. The collective dimension of the right to work is addressed in article 8, which enunciates the right of everyone to form trade unions and join the trade union of his/her choice as well as the right of trade unions to function freely. When drafting article 6 of the Covenant, the Commission on Human Rights affirmed the need to recognize the right to work in a broad sense by laying down specific legal obligations rather than a simple philosophical principle.[[fn:2]] Article 6 defines the right to work in a general and non-exhaustive manner. In article 6, paragraph 1, States parties recognize “the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right”. In paragraph 2, States parties recognize that “to achieve the full realization of this right” the steps to be taken “shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment, under conditions safeguarding fundamental political and economic freedoms to the individual”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":2,"text":"Commission on Human Rights, eleventh session, agenda item 31, A/3525 (1957)."}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0003","docId":"e-c-12-gc-18","idx":3,"n":3,"text":"These objectives reflect the fundamental purposes and principles of the United Nations as defined in article 1, paragraph 3, of the Charter of the United Nations. The essence of these objectives is also reflected in article 23, paragraph 1, of the Universal Declaration of Human Rights. Since the adoption of the Covenant by the General Assembly in 1966, several universal and regional human rights instruments have recognized the right to work. At the universal level, the right to work is contained in article 8, paragraph 3 (a), of the International Covenant on Civil and Political Civil Rights (ICCPR); in article 5, paragraph (e) (i), of the International Convention on the Elimination of All Forms of Racial Discrimination; in article 11, paragraph 1 (a), of the Convention on the Elimination of All Forms of Discrimination against Women; in article 32 of the Convention on the Rights of the Child; and in articles 11, 25, 26, 40, 52 and 54 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Several regional instruments recognize the right to work in its general dimension, including the European Social Charter of 1961 and the Revised European Social Charter of 1996 (Part II, art. 1), the African Charter on Human and Peoples’ Rights (art. 15) and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (art. 6), and affirm the principle that respect for the right to work imposes on States parties an obligation to take measures aimed at the realization of full employment. Similarly, the right to work has been proclaimed by the United Nations General Assembly in the Declaration on Social Progress and Development, in its resolution 2542 (XXIV) of 11 December 1969 (art. 6). E/C.12/GC/18 page 3","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"article":"1","paragraph":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'article 1, paragraph 3, of the Charter of the United Nations' — UN Charter is outside coded list."},{"article":"23","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'article 23, paragraph 1, of the Universal Declaration of Human Rights' — UDHR is non-binding."},{"article":"8","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 8, paragraph 3 (a), of the International Covenant on Civil and Political Rights (ICCPR)'."},{"article":"5","paragraph":"e","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5, paragraph (e) (i), of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"11","paragraph":"1","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 11, paragraph 1 (a), of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"32","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 32 of the Convention on the Rights of the Child'."},{"article":"11","treaty":"CMW","confidence":"high","source":"opus","rationale":"Text expressly cites 'articles 11, 25, 26, 40, 52 and 54 of the International Convention on the Protection of the Rights of All Migrant Workers'."},{"article":"25","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same explicit CMW enumeration."},{"article":"26","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same explicit CMW enumeration."},{"article":"40","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same explicit CMW enumeration."},{"article":"52","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same explicit CMW enumeration."},{"article":"54","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same explicit CMW enumeration."},{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes 'Part II, art. 1' to the European Social Charter — regional instrument outside coded list."},{"article":"15","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 15 to the African Charter on Human and Peoples' Rights — regional instrument outside coded list."},{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 6 to the Additional Protocol to the American Convention (San Salvador) — regional instrument outside coded list."},{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes 'art. 6' to the UN Declaration on Social Progress and Development (resolution 2542) — non-binding GA declaration."}]},{"id":"e-c-12-gc-18-0004","docId":"e-c-12-gc-18","idx":4,"n":4,"text":"The right to work, as guaranteed in the ICESCR, affirms the obligation of States parties to assure individuals their right to freely chosen or accepted work, including the right not to be deprived of work unfairly. This definition underlines the fact that respect for the individual and his dignity is expressed through the freedom of the individual regarding the choice to work, while emphasizing the importance of work for personal development as well as for social and economic inclusion. International Labour Organization Convention No. 122 concerning Employment Policy (1964) speaks of “full, productive and freely chosen employment”, linking the obligation of States parties to create the conditions for full employment with the obligation to ensure the absence of forced labour. Nevertheless, for millions of human beings throughout the world, full enjoyment of the right to freely chosen or accepted work remains a remote prospect. The Committee recognizes the existence of structural and other obstacles arising from international factors beyond the control of States which hinder the full enjoyment of article 6 in many States parties.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0005","docId":"e-c-12-gc-18","idx":5,"n":5,"text":"With the aim of helping States parties to implement the Covenant and discharge their reporting obligations, this general comment deals with the normative content of article 6 (chap. II), the obligations of States parties (chap. III), violations (chap. IV), and implementation at the national level (chap. V), while the obligations of actors other than States parties are covered in chapter VI. The general comment is based on the experience gained by the Committee over many years in its consideration of reports of States parties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0006","docId":"e-c-12-gc-18","idx":6,"n":6,"text":"The right to work is an individual right that belongs to each person and is at the same time a collective right. It encompasses all forms of work, whether independent work or dependent wage-paid work. The right to work should not be understood as an absolute and unconditional right to obtain employment. Article 6, paragraph 1, contains a definition of the right to work and paragraph 2 cites, by way of illustration and in a non-exhaustive manner, examples of obligations incumbent upon States parties. It includes the right of every human being to decide freely to accept or choose work. This implies not being forced in any way whatsoever to exercise or engage in employment and the right of access to a system of protection guaranteeing each worker access to employment. It also implies the right not to be unfairly deprived of employment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0007","docId":"e-c-12-gc-18","idx":7,"n":7,"text":"Work as specified in article 6 of the Covenant must be decent work. This is work that respects the fundamental rights of the human person as well as the rights of workers in terms of conditions of work safety and remuneration. It also provides an income allowing workers to support themselves and their families as highlighted in article 7 of the Covenant. These fundamental rights also include respect for the physical and mental integrity of the worker in the exercise of his/her employment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-18-0008","docId":"e-c-12-gc-18","idx":8,"n":8,"text":"Articles 6, 7 and 8 of the Covenant are interdependent. The characterization of work as decent presupposes that it respects the fundamental rights of the worker. Although articles 7 and 8 are closely linked to article 6, they will be dealt with in separate general comments. Reference to articles 7 and 8 will therefore only be made whenever the indivisibility of these rights so requires. E/C.12/GC/18 page 4","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"}]},{"id":"e-c-12-gc-18-0009","docId":"e-c-12-gc-18","idx":9,"n":9,"text":"The International Labour Organization defines forced labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”.[[fn:3]] The Committee reaffirms the need for States parties to abolish, forbid and counter all forms of forced labour as enunciated in article 4 of the Universal Declaration of Human Rights, article 5 of the Slavery Convention and article 8 of the ICCPR.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":3,"text":"ILO Convention No. 29 concerning Forced or Compulsory Labour, 1930, article 2, paragraph 1; see also paragraph 2. ILO Convention No. 105 concerning the Abolition of Forced Labour, 1957."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"article":"4","treaty":"?","confidence":"high","source":"opus","rationale":"'article 4 of the Universal Declaration of Human Rights'; UDHR is non-treaty."},{"article":"5","treaty":"?","confidence":"high","source":"opus","rationale":"'article 5 of the Slavery Convention'; Slavery Convention not in enumerated treaty list."},{"article":"8","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"'article 8 of the ICCPR' explicitly named; ICCPR art.8 on slavery/forced labour."}]},{"id":"e-c-12-gc-18-0010","docId":"e-c-12-gc-18","idx":10,"n":10,"text":"High unemployment and the lack of secure employment are causes that induce workers to seek employment in the informal sector of the economy. States parties must take the requisite measures, legislative or otherwise, to reduce to the fullest extent possible the number of workers outside the formal economy, workers who as a result of that situation have no protection. These measures would compel employers to respect labour legislation and declare their employees, thus enabling the latter to enjoy all the rights of workers, in particular those provided for in articles 6, 7 and 8 of the Covenant. These measures must reflect the fact that people living in an informal economy do so for the most part because of the need to survive, rather than as a matter of choice. Moreover, domestic and agricultural work must be properly regulated by national legislation so that domestic and agricultural workers enjoy the same level of protection as other workers.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"}]},{"id":"e-c-12-gc-18-0011","docId":"e-c-12-gc-18","idx":11,"n":11,"text":"ILO Convention No. 158 concerning Termination of Employment (1982) defines the lawfulness of dismissal in its article 4 and in particular imposes the requirement to provide valid grounds for dismissal as well as the right to legal and other redress in the case of unjustified dismissal.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-18-0012","docId":"e-c-12-gc-18","idx":12,"n":12,"text":"12. The exercise of work in all its forms and at all levels requires the existence of the following interdependent and essential elements, implementation of which will depend on the conditions present in each State party:","labels":["Persons with disabilities","Persons living with HIV/AIDS","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":4,"text":"Only some of these topics feature in articles 2.2 and 3 of the Covenant. The others have been inferred from the practice of the Committee or from legislation or judicial practice in a growing number of States parties."},{"n":5,"text":"See general comment No. 3 (1990), The nature of States parties’ obligations, paragraph 12."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-18-0013","docId":"e-c-12-gc-18","idx":13,"n":13,"text":"13. Article 3 of the Covenant prescribes that States parties undertake to “ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights”. The Committee underlines the need for a comprehensive system of protection to combat gender discrimination and to ensure equal opportunities and treatment between men and women in relation to their right to work by ensuring equal pay for work of equal value. In particular, pregnancies must not constitute an obstacle to employment and should not constitute justification for loss of employment. Lastly, emphasis should be placed on the link between the fact that women often have less access to education than men and certain traditional cultures which compromise the opportunities for the employment and advancement of women.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":6,"text":"See general comment No. 16 (2005) on article 3: the equal right of men and women to the enjoyment of all economic, social and cultural rights, paragraphs 23-25."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-18-0014","docId":"e-c-12-gc-18","idx":14,"n":14,"text":"14. Access to a first job constitutes an opportunity for economic selfreliance and in many cases a means to escape poverty. Young persons, particularly young women, generally have great difficulties in finding initial employment. National policies relating to adequate education and vocational training should be adopted and implemented to promote and support access to employment opportunities for young persons, in particular young women.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"]},{"id":"e-c-12-gc-18-0015","docId":"e-c-12-gc-18","idx":15,"n":15,"text":"15. The protection of children is covered by article 10 of the Covenant. The Committee recalls its general comment No. 14 (2000) and in particular paragraphs 22 and 23 on children’s right to health, and emphasizes the need to protect children from all forms of work that are likely to interfere with their development or physical or mental health. The Committee reaffirms the","labels":["Children","Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":7,"text":"See the Convention on the Rights of the Child, 1989, article 32, paragraph 1, reflected in the second preambular paragraph of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. See also article 3, paragraph 1, of the Protocol, on forced labour."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"],"citedArticles":[{"article":"10","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'The protection of children is covered by article 10 of the Covenant' — home_treaty=ICESCR; 'the Covenant' is ICESCR."},{"article":"6","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'as indicated in article 6, paragraph 2' in the same CESCR GC on the right to work — home_treaty=ICESCR; ICESCR art. 6 is the right to work."}]},{"id":"e-c-12-gc-18-0016","docId":"e-c-12-gc-18","idx":16,"n":16,"text":"16. The Committee recalls its general comment No. 6 (1995) on the economic, social and cultural rights of older persons and in particular the need to take measures to prevent discrimination on grounds of age in employment and occupation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":8,"text":"See general comment No. 6 (1995) on the economic, social and cultural rights of older persons, paragraph 22 (and paragraph 24 on retirement)."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"]},{"id":"e-c-12-gc-18-0017","docId":"e-c-12-gc-18","idx":17,"n":17,"text":"17. The Committee recalls the principle of nondiscrimination in access to employment by persons with disabilities enunciated in its general comment No. 5 (1994) on persons with disabilities. “The ‘right of everyone to the opportunity to gain his living by work which he freely chooses or accepts’ is not realized where the only real opportunity open to disabled workers is to work in socalled ‘sheltered’ facilities under substandard conditions.” States parties must take measures enabling persons with disabilities to secure and retain appropriate employment and to progress in their occupational field, thus facilitating their integration or reintegration into society.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":9,"text":"See general comment No. 5 (1994) on persons with disabilities, including other references inparagraphs 20-24."},{"n":10,"text":"See ILO Convention No. 159 concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983. See article 1, paragraph 2, on access to employment. See also the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, proclaimed by the General Assembly in it resolution 48/96 of 20 December 1993."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"]},{"id":"e-c-12-gc-18-0018","docId":"e-c-12-gc-18","idx":18,"n":18,"text":"The principle of non-discrimination as set out in article 2.2 of the Covenant and in article 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families should apply in relation to employment opportunities for migrant workers and their families. In this regard the Committee underlines the need for national plans of action to be devised to respect and promote such principles by all appropriate measures, legislative or otherwise.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"],"citedArticles":[{"treaty":"CMW","article":"2","source":"regex"},{"treaty":"CMW","article":"7","source":"regex"}]},{"id":"e-c-12-gc-18-0019","docId":"e-c-12-gc-18","idx":19,"n":19,"text":"The principal obligation of States parties is to ensure the progressive realization of the exercise of the right to work. States parties must therefore adopt, as quickly as possible, measures aiming at achieving full employment. While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect.[[fn:11]] States parties have immediate obligations in relation to the right to work, such as the obligation to “guarantee” that it will be exercised “without discrimination of any kind” (art. 2, para. 2) and the obligation “to take steps” (art. 2, para. 1) towards the full realization of article 6.[[fn:12]] Such steps must be deliberate, concrete and targeted towards the full realization of the right to work. E/C.GC/18 page 7","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":11,"text":"See general comment No. 3 (1990) on the nature of States parties’ obligations, paragraph 1."},{"n":12,"text":"Ibid, para. 2.","isIbid":true,"resolvedText":"See general comment No. 3 (1990) on the nature of States parties’ obligations, paragraph 1."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0020","docId":"e-c-12-gc-18","idx":20,"n":20,"text":"The fact that realization of the right to work is progressive and takes place over a period of time should not be interpreted as depriving States parties’ obligations of all meaningful content.[[fn:13]] It means that States parties have a specific and continuing obligation “to move as expeditiously and effectively as possible” towards the full realization of article 6.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":13,"text":"Ibid, para. 9.","isIbid":true,"resolvedText":"See general comment No. 3 (1990) on the nature of States parties’ obligations, paragraph 1."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0021","docId":"e-c-12-gc-18","idx":21,"n":21,"text":"As with all other rights in the Covenant, retrogressive measures should in principle not be taken in relation to the right to work. If any deliberately retrogressive steps are taken, States parties have the burden of proving that they have been introduced after consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant in the context of the full use of the States parties’ maximum available resources.[[fn:14]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":14,"text":"Ibid, para. 9.","isIbid":true,"resolvedText":"See general comment No. 3 (1990) on the nature of States parties’ obligations, paragraph 1."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"]},{"id":"e-c-12-gc-18-0022","docId":"e-c-12-gc-18","idx":22,"n":22,"text":"Like all human rights, the right to work imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. The obligation to respect the right to work requires States parties to refrain from interfering directly or indirectly with the enjoyment of that right. The obligation to protect requires States parties to take measures that prevent third parties from interfering with the enjoyment of the right to work. The obligation to fulfil includes the obligations to provide, facilitate and promote that right. It implies that States parties should adopt appropriate legislative, administrative, budgetary, judicial and other measures to ensure its full realization.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"]},{"id":"e-c-12-gc-18-0023","docId":"e-c-12-gc-18","idx":23,"n":23,"text":"States parties are under the obligation to respect the right to work by, inter alia, prohibiting forced or compulsory labour and refraining from denying or limiting equal access to decent work for all persons, especially disadvantaged and marginalized individuals and groups, including prisoners or detainees,[[fn:15]] members of minorities and migrant workers. In particular, States parties are bound by the obligation to respect the right of women and young persons to have access to decent work and thus to take measures to combat discrimination and to promote equal access and opportunities.","labels":["Migrants","Women/girls","Adolescents","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":15,"text":"If offered on a voluntary basis. On the question of the work of prisoners, see also the Standard Minimum Rules for the Treatment of Prisoners and article 2 of the ILO Convention (No. 29) concerning Forced or Compulsory Labour."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-18-0024","docId":"e-c-12-gc-18","idx":24,"n":24,"text":"With regard to the obligations of States parties relating to child labour as set out in article 10 of the Covenant, States parties must take effective measures, in particular legislative measures, to prohibit labour of children under the age of 16. Further, they have to prohibit all forms of economic exploitation and forced labour of children.[[fn:16]] States parties must adopt effective measures to ensure that the prohibition of child labour will be fully respected.[[fn:17]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":16,"text":"See Convention on the Rights of the Child, article 31, paragraph 1."},{"n":17,"text":"See ILO Convention on the Worst Forms of Child Labour, article 2, paragraph 7, and the Committee’s general comment No. 13 on the right to education."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-c-12-gc-18-0025","docId":"e-c-12-gc-18","idx":25,"n":25,"text":"Obligations to protect the right to work include, inter alia, the duties of States parties to adopt legislation or to take other measures ensuring equal access to work and training and to ensure that privatization measures do not undermine workers’ rights. Specific measures to increase the flexibility of labour markets must not render work less stable or reduce the social protection of the worker. The obligation to protect the right to work includes the responsibility of States parties to prohibit forced or compulsory labour by non-State actors.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-18-0026","docId":"e-c-12-gc-18","idx":26,"n":26,"text":"26. States parties are obliged to fulfil (provide) the right to work when individuals or groups are unable, for reasons beyond their control, to realize that right themselves by the means at their disposal. This obligation includes, inter alia, the obligation to recognize the right to work in national legal systems and to adopt a national policy on the right to work as well as a detailed","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":18,"text":"See ILO Convention No. 122 concerning Employ Policy, 1964, article 1, paragraph 1."},{"n":19,"text":"See ILO Convention No. 88 concerning the Organization of the Employment Service, 1948."},{"n":20,"text":"See ILO Convention No. 88 and, similarly, ILO Convention No. 2 concerning Unemployment, 1919. See also ILO Convention No. 168 concerning Employment Promotion and Protection against Unemployment, 1988."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-18-0027","docId":"e-c-12-gc-18","idx":27,"n":27,"text":"The obligation to fulfil (facilitate) the right to work requires States parties, inter alia, to take positive measures to enable and assist individuals to enjoy the right to work and to implement technical and vocational education plans to facilitate access to employment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-18-0028","docId":"e-c-12-gc-18","idx":28,"n":28,"text":"The obligation to fulfil (promote) the right to work requires States parties to undertake, for example, educational and informational programmes to instil public awareness on the right to work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-18-0029","docId":"e-c-12-gc-18","idx":29,"n":29,"text":"In its general comment No. 3 (1990) the Committee draws attention to the obligation of all States parties to take steps individually and through international assistance and cooperation, especially economic and technical, towards the full realization of the rights recognized in the Covenant. In the spirit of Article 56 of the Charter of the United Nations and specific provisions of the Covenant (arts. 2.1, 6, 22 and 23), States parties should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to work. States parties should, through international agreements where appropriate, ensure that the right to work as set forth in articles 6, 7 and 8 of the Covenant is given due attention.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","International obligations"],"citedArticles":[{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"'Article 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"6","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'arts. 2.1, 6, 22 and 23' and 'articles 6, 7 and 8 of the Covenant'; ICESCR art.6 is right to work (GC18 is on right to work)."},{"article":"7","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'articles 6, 7 and 8 of the Covenant'; ICESCR art.7 on conditions of work."},{"article":"8","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'articles 6, 7 and 8 of the Covenant'; ICESCR art.8 on trade union rights."}]},{"id":"e-c-12-gc-18-0030","docId":"e-c-12-gc-18","idx":30,"n":30,"text":"To comply with their international obligations in relation to article 6, States parties should endeavour to promote the right to work in other countries as well as in bilateral and multilateral negotiations. In negotiations with international financial institutions, States parties should ensure protection of the right to work of their population. States parties that are members of international financial institutions, in particular the International Monetary Fund, the World Bank and regional development banks, should pay greater attention to the protection of the right to work in influencing the lending policies, credit agreements, structural adjustment programmes and international measures of these institutions. The strategies, programmes and policies adopted by States parties under structural adjustment programmes should not interfere with their core obligations in relation to the right to work and impact negatively on the right to work of women, young persons and the disadvantaged and marginalized individuals and groups.","labels":["Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","International obligations"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0031","docId":"e-c-12-gc-18","idx":31,"n":31,"text":"31. In general comment No. 3 (1990) the Committee confirms that States parties have a core obligation to ensure the satisfaction of minimum essential levels of each of the rights covered by the Covenant. In the context of article 6, this “core obligation” encompasses the obligation to","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Core obligations"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0032","docId":"e-c-12-gc-18","idx":32,"n":32,"text":"A distinction should be drawn between the inability and the unwillingness of States parties to comply with their obligations under article 6. This follows from article 6, paragraph 1, which guarantees the right of everyone to the opportunity to gain his living by work that he freely chooses or accepts, and article 2, paragraph 1, which places an obligation on each State party to undertake the necessary measures “to the maximum of its available resources”. The obligations of States parties must be interpreted in the light of these two articles. States parties that are unwilling to use the maximum of their available resources for the realization of the right to work are in violation of their obligations under article 6. Nevertheless, resource constraints may explain the difficulties a State party may encounter in fully guaranteeing the right to work, to the extent that the State party demonstrates that it has used all available resources at its disposal in order to fulfil, as a matter of priority, the obligations outlined above. Violations of the right to work can occur through the direct action of States or State entities, or through the lack of adequate measures to promote employment. Violations through acts of omission occur, for example, when States parties do not regulate the activities of individuals or groups to prevent them from impeding the right of others to work. Violations through acts of commission include forced labour; the formal repeal or suspension of legislation necessary for continued enjoyment of the right to work; denial of access to work to particular individuals or groups, whether such discrimination is based on legislation or practice; and the adoption of legislation or policies which are manifestly incompatible with international obligations in relation to the right to work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0033","docId":"e-c-12-gc-18","idx":33,"n":33,"text":"33. Violations of the obligation to respect the right to work include laws, policies and actions that contravene the standards laid down in article 6 of the Covenant. In particular, any discrimination in access to the labour market or to means and entitlements for obtaining employment on the grounds of race, colour, sex, language, age, religion, political or other opinion, national or social origin, property, birth or any other situation with the aim of impairing","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to respect"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-18-0034","docId":"e-c-12-gc-18","idx":34,"n":34,"text":"As for all other rights in the Covenant, there is a strong presumption that retrogressive measures taken in relation to the right to work are not permissible. Such retrogressive measures include, inter alia, denial of access to employment to particular individuals or groups, whether such discrimination is based on legislation or practice, abrogation or suspension of the legislation necessary for the exercise of the right to work or the adoption of laws or policies that are manifestly incompatible with international legal obligations relating to the right to work. An example would be the institution of forced labour or the abrogation of legislation protecting the employee against unlawful dismissal. Such measures would constitute a violation of States parties’ obligation to respect the right to work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to respect"]},{"id":"e-c-12-gc-18-0035","docId":"e-c-12-gc-18","idx":35,"n":35,"text":"Violations of the obligation to protect follow from the failure of States parties to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to work by third parties. They include omissions such as the failure to regulate the activities of individuals, groups or corporations so as to prevent them from violating the right to work of others; or the failure to protect workers against unlawful dismissal.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to protect"]},{"id":"e-c-12-gc-18-0036","docId":"e-c-12-gc-18","idx":36,"n":36,"text":"Violations of the obligation to fulfil occur through the failure of States parties to take all necessary steps to ensure the realization of the right to work. Examples include the failure to adopt or implement a national employment policy designed to ensure the right to work for everyone; insufficient expenditure or misallocation of public funds which results in the non-enjoyment of the right to work by individuals or groups, particularly the disadvantaged and marginalized; the failure to monitor the realization of the right to work at the national level, for example, by identifying right-to-work indicators and benchmarks; and the failure to implement technical and vocational training programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to fulfil"]},{"id":"e-c-12-gc-18-0037","docId":"e-c-12-gc-18","idx":37,"n":37,"text":"37. In accordance with article 2, paragraph 1, of the Covenant, States parties are required to utilize “all appropriate means, including particularly the adoption of legislative measures” for the implementation of their Covenant obligations. Every State party has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State party to take whatever steps are necessary to ensure that everyone is protected from unemployment and insecurity in employment and can enjoy the right to work as soon as possible.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-18-0038","docId":"e-c-12-gc-18","idx":38,"n":38,"text":"States parties should consider the adoption of specific legislative measures for the implementation of the right to work. Those measures should (a) establish national mechanisms to monitor implementation of employment strategies and national plans of action and (b) contain provisions on numerical targets and a time frame for implementation. They should also provide (c) means of ensuring compliance with the benchmarks established at the national level and (d) the involvement of civil society, including experts on labour issues, the private sector and international organizations. In monitoring progress on realization of the right to work, States parties should identify the factors and difficulties affecting the fulfilment of their obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0039","docId":"e-c-12-gc-18","idx":39,"n":39,"text":"Collective bargaining is a tool of fundamental importance in the formulation of employment policies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0040","docId":"e-c-12-gc-18","idx":40,"n":40,"text":"United Nations agencies and programmes should, upon States parties’ request, assist in drafting and reviewing relevant legislation. The ILO, for example, has considerable expertise and accumulated knowledge concerning legislation in the field of employment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0041","docId":"e-c-12-gc-18","idx":41,"n":41,"text":"States parties should adopt a national strategy, based on human rights principles aimed at progressively ensuring full employment for all. Such a national strategy also imposes a requirement to identify the resources available to States parties for achieving their objectives as well as the most cost-effective ways of using them.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0042","docId":"e-c-12-gc-18","idx":42,"n":42,"text":"The formulation and implementation of a national employment strategy should involve full respect for the principles of accountability, transparency, and participation by interested groups. The right of individuals and groups to participate in decision-making should be an integral part of all policies, programmes and strategies intended to implement the obligations of States parties under article 6. The promotion of employment also requires effective involvement of the community and, more specifically, of associations for the protection and promotion of the rights of workers and trade unions in the definition of priorities, decision-making, planning, implementation and evaluation of the strategy to promote employment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0043","docId":"e-c-12-gc-18","idx":43,"n":43,"text":"To create conditions favourable to the enjoyment of the right to work, States parties must also take appropriate measures to ensure that both the private and public sectors reflect an awareness of the right to work in their activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0044","docId":"e-c-12-gc-18","idx":44,"n":44,"text":"The national employment strategy must take particular account of the need to eliminate discrimination in access to employment. It must ensure equal access to economic resources and to technical and vocational training, particularly for women, disadvantaged and marginalized individuals and groups, and should respect and protect self-employment as well as employment with remuneration that enables workers and their families to enjoy an adequate standard of living as stipulated in article 7 (a) (ii) of the Covenant.[[fn:21]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":21,"text":"See general comment No. 12 (1999) on the right to adequate food, paragraph 26."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-18-0045","docId":"e-c-12-gc-18","idx":45,"n":45,"text":"45. States parties should develop and maintain mechanisms to monitor progress towards the realization of the right to freely chosen or accepted employment, to identify the factors and difficulties affecting the degree of compliance with their obligations and to facilitate the adoption of corrective legislative and administrative measures, including measures to implement their obligations under articles 2.1 and 23 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-18-0046","docId":"e-c-12-gc-18","idx":46,"n":46,"text":"A national employment strategy must define indicators on the right to work. The indicators should be designed to monitor effectively, at the national level, the compliance by States parties with their obligations under article 6 and should be based on ILO indicators such as the rate of unemployment, underemployment and the ratio of formal to informal work. Indicators developed by the ILO that apply to the preparation of labour statistics may be useful in the preparation of a national employment plan.[[fn:22]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":22,"text":"See ILO Convention No. 160 concerning Labour Statistics, in particular, its articles 1 and 2. -----"}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0047","docId":"e-c-12-gc-18","idx":47,"n":47,"text":"Having identified appropriate right to work indicators, States parties are invited to set appropriate national benchmarks in relation to each indicator. During the periodic reporting procedure the Committee will engage in a process of “scoping” with the State party. Scoping involves the joint consideration by the State party and the Committee of the indicators and national benchmarks which will then provide the targets to be achieved during the next reporting period. During the following five years the State party will use these national benchmarks to help monitor its implementation of the right to work. Thereafter, in the subsequent reporting process, the State party and the Committee will consider whether or not the benchmarks have been achieved and the reasons for any difficulties that may have been encountered. Further, when setting benchmarks and preparing their reports States parties should utilize the extensive information and advisory services of specialized agencies with regard to data collection and disaggregation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0048","docId":"e-c-12-gc-18","idx":48,"n":48,"text":"Any person or group who is a victim of a violation of the right to work should have access to effective judicial or other appropriate remedies at the national level. At the national level trade unions and human rights commissions should play an important role in defending the right to work. All victims of such violations are entitled to adequate reparation, which may take the form of restitution, compensation, satisfaction or a guarantee of non-repetition.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-18-0049","docId":"e-c-12-gc-18","idx":49,"n":49,"text":"Incorporation of international instruments setting forth the right to work into the domestic legal order, in particular the relevant ILO conventions, should strengthen the effectiveness of measures taken to guarantee the right to work and is encouraged. The incorporation of international instruments recognizing the right to work into the domestic legal order, or the recognition of their direct applicability, significantly enhances the scope and effectiveness of remedial measures and is encouraged in all cases. Courts would then be empowered to adjudicate violations of the core content of the right to work by directly applying obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-18-0050","docId":"e-c-12-gc-18","idx":50,"n":50,"text":"Judges and other law enforcement authorities are invited to pay greater attention to violations of the right to work in the exercise of their functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-18-0051","docId":"e-c-12-gc-18","idx":51,"n":51,"text":"States parties should respect and protect the work of human rights defenders and other members of civil society, in particular the trade unions, who assist disadvantaged and marginalized individuals and groups in the realization of their right to work. E/C.12/GC/18 page 13","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-18-0052","docId":"e-c-12-gc-18","idx":52,"n":52,"text":"While only States are parties to the Covenant and are thus ultimately accountable for compliance with it, all members of society - individuals, local communities, trade unions, civil society and private sector organizations - have responsibilities regarding the realization of the right to work. States parties should provide an environment facilitating the discharge of these obligations. Private enterprises - national and multinational - while not bound by the Covenant, have a particular role to play in job creation, hiring policies and non-discriminatory access to work. They should conduct their activities on the basis of legislation, administrative measures, codes of conduct and other appropriate measures promoting respect for the right to work, agreed between the government and civil society. Such measures should recognize the labour standards elaborated by the ILO and aim at increasing the awareness and responsibility of enterprises in the realization of the right to work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"]},{"id":"e-c-12-gc-18-0053","docId":"e-c-12-gc-18","idx":53,"n":53,"text":"The role of the United Nations agencies and programmes, and in particular the key function of the ILO in protecting and implementing the right to work at the international, regional and national levels, is of particular importance. Regional institutions and instruments, where they exist, also play an important role in ensuring the right to work. When formulating and implementing their national employment strategies, States parties should avail themselves of the technical assistance and cooperation offered by the ILO. When preparing their reports, States parties should also use the extensive information and advisory services provided by the ILO for data collection and disaggregation as well as the development of indicators and benchmarks. In conformity with articles 22 and 23 of the Covenant, the ILO and the other specialized agencies of the United Nations, the World Bank, regional development banks, the International Monetary Fund, the World Trade Organization and other relevant bodies within the United Nations system should cooperate effectively with States parties to implement the right to work at the national level, bearing in mind their own mandates. International financial institutions should pay greater attention to the protection of the right to work in their lending policies and credit agreements. In accordance with paragraph 9 of general comment No. 2 (1990), particular efforts should be made to ensure that the right to work is protected in all structural adjustment programmes. When examining the reports of States parties and their ability to meet their obligations under article 6, the Committee will consider the effects of the assistance provided by actors other than States parties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0054","docId":"e-c-12-gc-18","idx":54,"n":54,"text":"54. Trade unions play a fundamental role in ensuring respect for the right to work at the local and national levels and in assisting States parties to comply with their obligations under article 6. The role of trade unions is fundamental and will continue to be considered by the Committee in its consideration of the reports of States parties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-19-0001","docId":"e-c-12-gc-19","idx":1,"n":1,"text":"Article 9 of the International Covenant on Economic, Social and Cultural Rights (the Covenant) provides that, ‘The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.’ The right to social security is of central importance in guaranteeing human dignity for all persons when they are faced with circumstances that deprive them of their capacity to fully realize their Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-c-12-gc-19-0002","docId":"e-c-12-gc-19","idx":2,"n":2,"text":"The right to social security encompasses the right to access and maintain benefits, whether in cash or in kind, without discrimination in order to secure protection, inter alia, from (a) lack of work-related income caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member; (b) unaffordable access to health care; (c) insufficient family support, particularly for children and adult dependents.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["I. INTRODUCTION"]},{"id":"e-c-12-gc-19-0003","docId":"e-c-12-gc-19","idx":3,"n":3,"text":"Social security, through its redistributive character, plays an important role in poverty reduction and alleviation, preventing social exclusion and promoting social inclusion.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["I. INTRODUCTION"]},{"id":"e-c-12-gc-19-0004","docId":"e-c-12-gc-19","idx":4,"n":4,"text":"In accordance with article 2 (1), States parties to the Covenant must take effective measures, and periodically revise them when necessary, within their maximum available resources, to fully realize the right of all persons without any discrimination to social security, including social insurance. The wording of article 9 of the Covenant indicates that the measures that are to be used to provide social security benefits cannot be defined narrowly and, in any event, must guarantee all peoples a minimum enjoyment of this human right. These measures can include: (a) Contributory or insurance-based schemes such as social insurance, which is expressly mentioned in article 9. These generally involve compulsory contributions from beneficiaries, employers and, sometimes, the State, in conjunction with the payment of benefits and administrative expenses from a common fund; (b) Non-contributory schemes such as universal schemes (which provide the relevant benefit in principle to everyone who experiences a particular risk or contingency) or targeted social assistance schemes (where benefits are received by those in a situation of need). In almost all States parties, non-contributory schemes will be required since it is unlikely that every person can be adequately covered through an insurance-based system.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-c-12-gc-19-0005","docId":"e-c-12-gc-19","idx":5,"n":5,"text":"Other forms of social security are also acceptable, including (a) privately run schemes, and (b) self-help or other measures, such as community-based or mutual schemes. Whichever system is chosen, it must conform to the essential elements of the right to social security and to that extent should be viewed as contributing to the right to social security and be protected by States parties in accordance with this general comment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["I. INTRODUCTION"]},{"id":"e-c-12-gc-19-0006","docId":"e-c-12-gc-19","idx":6,"n":6,"text":"The right to social security has been strongly affirmed in international law. The human rights dimensions of social security were clearly present in the Declaration of Philadelphia of 1944 which called for the “extension of social security measures to provide a E/C.12/GC/19 page 3 basic income to all in need of such protection and comprehensive medical care”.[[fn:2]] Social security was recognized as a human right in the Universal Declaration of Human Rights of 1948, which states in article 22 that “Everyone, as a member of society, has the right to social security” and in article 25(1) that everyone has the “right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control”. The right was subsequently incorporated in a range of international human rights treaties[[fn:3]] and regional human rights treaties.[[fn:4]] In 2001, the International Labour Conference, composed of representatives of States, employers, and workers, affirmed that social security “is a basic human right and a fundamental means for creating social cohesion”.[[fn:5]]","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":2,"text":"Declaration concerning the aims and purposes of the International Labour Organization (ILO), annex to the Constitution of the ILO, section III (f)."},{"n":3,"text":"International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), article 5 (e) (iv); Convention on the Elimination of All Forms of Discrimination against Women, articles 11, para. 1 (e) and 14, para. 2 (c); and Convention on the Rights of the Child, article 26."},{"n":4,"text":"For explicit mention of the right to social security, see American Declaration of the Rights and Duties of Man, article XVI; Additional Protocol to the American Convention on Human Rights in the Area of Economic Social and Cultural Rights (Protocol of San Salvador), article 9; European Social Charter (and 1996 revised version), articles 12, 13 and 14."},{"n":5,"text":"International Labour Conference, 89th session, report of the Committee on Social Security, resolutions and conclusions concerning social security."}],"section":["I. INTRODUCTION"],"citedArticles":[{"article":"22","treaty":"?","confidence":"high","source":"opus","rationale":"'Universal Declaration of Human Rights of 1948, which states in article 22'; UDHR is non-treaty."},{"article":"25","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"'article 25(1)' is in same UDHR sentence; UDHR is non-treaty."}]},{"id":"e-c-12-gc-19-0007","docId":"e-c-12-gc-19","idx":7,"n":7,"text":"The Committee on Economic, Social and Cultural Rights (the Committee) is concerned over the very low levels of access to social security with a large majority (about 80 per cent) of the global population currently lacking access to formal social security. Among these 80 per cent, 20 per cent live in extreme poverty.[[fn:6]]","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":6,"text":"Michael Cichon and Krzysztof Hagemejer, “Social Security for All: Investing in Global and Economic Development. A Consultation”, Issues in Social Protection Series, Discussion Paper 16, ILO Social Security Department, Geneva, 2006."}],"section":["I. INTRODUCTION"]},{"id":"e-c-12-gc-19-0008","docId":"e-c-12-gc-19","idx":8,"n":8,"text":"8. During its monitoring of the implementation of the Covenant, the Committee has consistently expressed its concern over the denial of or lack of access to adequate social security, which has undermined the realization of many Covenant rights. The Committee has also consistently addressed the right to social security, not only during its consideration of the reports of States parties but also in its general comments and various statements.[[fn:7]] With a view to assisting the implementation by States parties of the Covenant and the fulfilment of their reporting obligations, this general comment focuses on the normative content of the right to social security (chapter II), on States parties' obligations (chapter III), on violations (chapter IV) and on implementation at the national level (chapter V), while the obligations of actors other than States parties are addressed in chapter VI.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":7,"text":"See general comments No. 5 (1994) on persons with disabilities; No. 6 (1995) on the economic, social and cultural rights of older persons; No. 12 (1999) on the right to adequate food (art. 11); No. 14 (2000) on the right to the highest attainable standard of health (art. 12); No. 15 (2002) on the right to water (arts. 11 and 12); No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3); and No. 18 (2005) on the right to work (art. 6). See also Statement by the Committee: An evaluation of the obligation to take steps to the “maximum of available resources” under an optional protocol to the Covenant (E/C.12/2007/1)."}],"section":["I. INTRODUCTION"]},{"id":"e-c-12-gc-19-0009","docId":"e-c-12-gc-19","idx":9,"n":9,"text":"9. The right to social security includes the right not to be subject to arbitrary and unreasonable restrictions of existing social security coverage, whether obtained publicly or privately, as well as the right to equal enjoyment of adequate protection from social risks and contingencies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY"]},{"id":"e-c-12-gc-19-0010","docId":"e-c-12-gc-19","idx":10,"n":10,"text":"10. While the elements of the right to social security may vary according to different conditions, a number of essential factors apply in all circumstances as set out below. In interpreting these aspects, it should be borne in mind that social security should be treated as a social good, and not primarily as a mere instrument of economic or financial policy.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security"]},{"id":"e-c-12-gc-19-0011","docId":"e-c-12-gc-19","idx":11,"n":11,"text":"11. The right to social security requires, for its implementation, that a system, whether composed of a single scheme or variety of schemes, is available and in place to ensure that benefits are provided for the relevant social risks and contingencies. The system should be established under domestic law, and public authorities must take responsibility for the effective administration or supervision of the system. The schemes should also be sustainable, including those concerning provision of pensions, in order to ensure that the right can be realized for present and future generations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","1. Availability - social security system"]},{"id":"e-c-12-gc-19-0012","docId":"e-c-12-gc-19","idx":12,"n":12,"text":"12. The social security system should provide for the coverage of the following nine principal branches of social security.[[fn:8]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":8,"text":"See in particular ILO Convention No. 102 (1952) on Social Security (Minimum Standards), which was confirmed by the ILO Governing Body in 2002 as an instrument corresponding to contemporary needs and circumstances. These categories were also affirmed by States and trade union and employer representatives in the ILO Maritime Labour Convention (2006), regulation 4.5, standard A4.5. The Committee’s revised general guidelines for State reporting of 1991 follow this approach. See also Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), arts. 11, 12 and 13."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies"]},{"id":"e-c-12-gc-19-0013","docId":"e-c-12-gc-19","idx":13,"n":13,"text":"13. States parties have an obligation to guarantee that health systems are established to provide adequate access to health services for all.[[fn:9]] In cases in which the health system foresees private or mixed plans, such plans should be affordable, in conformity with the essential elements enunciated in the present general comment.[[fn:10]] The Committee notes the particular importance of the right to social security in the context of endemic diseases such as HIV/AIDS, tuberculosis and malaria, and the need to provide access to preventive and curative measures.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":9,"text":"General comment No. 14 (2000) on the right to the highest attainable standard of health (art. 12). Coverage must include any morbid condition, whatever its cause, and pregnancy and confinement and their consequences, general and practical medical care, together with hospitalization."},{"n":10,"text":"See above, para. 4 and see below paras. 23-27."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies"]},{"id":"e-c-12-gc-19-0014","docId":"e-c-12-gc-19","idx":14,"n":14,"text":"14. Cash benefits should be provided to those incapable of working due to ill-health to cover periods of loss of earnings. Persons suffering from long periods of sickness should qualify for disability benefits.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(b) Sickness"]},{"id":"e-c-12-gc-19-0015","docId":"e-c-12-gc-19","idx":15,"n":15,"text":"15. States parties should take appropriate measures to establish social security schemes that provide benefits to older persons, starting at a specific age, to be prescribed by national law.[[fn:11]] The Committee stresses that States parties should establish a retirement age that is appropriate to national circumstances which take account of, inter alia, the nature of the occupation, in particular work in hazardous occupations and the working ability of older persons. States parties should, within the limits of available resources, provide non-contributory old-age benefits, social services and other assistance for all older persons who, when reaching the retirement age prescribed in national legislation, have not completed a qualifying period of contributions or are not otherwise entitled to an old-age insurance-based pension or other social security benefit or assistance, and have no other source of income.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":11,"text":"See general comment No. 6 (1995) on the economic, social and cultural rights of older persons."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(c) Old age"]},{"id":"e-c-12-gc-19-0016","docId":"e-c-12-gc-19","idx":16,"n":16,"text":"16. In addition to promoting full, productive and freely chosen employment, States parties must endeavor to provide benefits to cover the loss or lack of earnings due to the inability to obtain or maintain suitable employment. In the case of loss of employment, benefits should be paid for an adequate period of time and at the expiry of the period, the social security system should ensure adequate protection of the unemployed worker, for example through social assistance. The social security system should also cover other workers, including part-time workers, casual workers, seasonal workers, and the self-employed, and those working in atypical forms of work in the informal economy.[[fn:12]] Benefits should be provided to cover periods of loss of earnings by persons who are requested not to report for work during a public health or other emergency.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":12,"text":"As defined in paras. 29-39 below."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(d) Unemployment"]},{"id":"e-c-12-gc-19-0017","docId":"e-c-12-gc-19","idx":17,"n":17,"text":"17. States parties should also ensure the protection of workers who are injured in the course of employment or other productive work. The social security system should cover the costs and loss of earnings from the injury or morbid condition and the loss of support for spouses or dependents suffered as the result of the death of a breadwinner.[[fn:13]] Adequate benefits should be provided in the form of access to health care and cash benefits to ensure income security. Entitlement to benefits should not be made subject to the length of employment, to the duration of insurance or to the payment of contributions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":13,"text":"See ILO Convention No. 121 (1964) on Employment Injury Benefits."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(e) Employment injury"]},{"id":"e-c-12-gc-19-0018","docId":"e-c-12-gc-19","idx":18,"n":18,"text":"18. Benefits for families are crucial for realizing the rights of children and adult dependents to protection under articles 9 and 10 of the Covenant. In providing the benefits, the State party should take into account the resources and circumstances of the child and persons having responsibility for the maintenance of the child or adult dependent, as well as any other consideration relevant to an application for benefits made by or on behalf of the child or adult dependent.[[fn:14]] Family and child benefits, including cash benefits and social services, should be provided to families, without discrimination on prohibited grounds, and would ordinarily cover food, clothing, housing, water and sanitation, or other rights as appropriate.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":14,"text":"See Convention on the Rights of the Child, article 26."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(f) Family and child support"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"},{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-c-12-gc-19-0019","docId":"e-c-12-gc-19","idx":19,"n":19,"text":"19. Article 10 of the Covenant expressly provides that “working mothers should be accorded paid leave or leave with adequate social security benefits”.[[fn:15]] Paid maternity leave should be granted to all women, including those involved in atypical work, and benefits should be provided for an adequate period.[[fn:16]] Appropriate medical benefits should be provided for women and children, including perinatal, childbirth and postnatal care and care in hospital where necessary.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":15,"text":"The Committee notes that ILO Convention No. 183 (2000) on Maternity Protection provides that maternity leave should be for a period of not less than 14 weeks, including a period of six weeks' compulsory leave after childbirth."},{"n":16,"text":"See CEDAW, article.11, para. 2 (b)."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(g) Maternity"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-c-12-gc-19-0020","docId":"e-c-12-gc-19","idx":20,"n":20,"text":"20. In its general comment No. 5 ((1994) on persons with disabilities, the Committee emphasized the importance of providing adequate income support to persons with disabilities who, owing to disability or disability-related factors, have temporarily lost, or received a reduction in, their income, have been denied employment opportunities or have a permanent disability. Such support should be provided in a dignified manner[[fn:17]] and reflect the special needs for assistance and other expenses often associated with disability. The support provided should cover family members and other informal carers.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":17,"text":"Institutionalization of persons with disabilities, unless rendered necessary for other reasons, cannot be regarded as an adequate substitute for the social security and income-support rights of such persons, as well as rehabilitation and employment support, in order to assist persons with disabilities to secure work as required by articles 6 and 7 of the Covenant."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(g) Maternity"]},{"id":"e-c-12-gc-19-0021","docId":"e-c-12-gc-19","idx":21,"n":21,"text":"21. States parties must also ensure the provision of benefits to survivors and orphans on the death of a breadwinner who was covered by social security or had rights to a pension.[[fn:18]] Benefits should cover funeral costs, particularly in those States parties where funeral expenses are prohibitive. Survivors or orphans must not be excluded from social security schemes on the basis of prohibited grounds of discrimination and they should be given assistance in accessing social security schemes, particularly when endemic diseases, such as HIV/AIDS, tuberculosis and malaria, leave large numbers of children or older persons without family and community support.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":18,"text":"The Committee also notes that children have a right to social security. See Convention on the Rights of the Child, article 26."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(i) Survivors and orphans"]},{"id":"e-c-12-gc-19-0022","docId":"e-c-12-gc-19","idx":22,"n":22,"text":"22. Benefits, whether in cash or in kind, must be adequate in amount and duration in order that everyone may realize his or her rights to family protection and assistance, an adequate standard of living and adequate access to health care, as contained in articles 10, 11 and 12 of the Covenant. States parties must also pay full respect to the principle of human dignity contained in the preamble of the Covenant, and the principle of non-discrimination, so as to avoid any adverse effect on the levels of benefits and the form in which they are provided. Methods applied should ensure the adequacy of benefits. The adequacy criteria should be monitored regularly to ensure that beneficiaries are able to afford the goods and services they require to realize their Covenant rights. When a person makes contributions to a social security scheme that provides benefits to cover lack of income, there should be a reasonable relationship between earnings, paid contributions, and the amount of relevant benefit.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-19-0023","docId":"e-c-12-gc-19","idx":23,"n":23,"text":"23. All persons should be covered by the social security system, especially individuals belonging to the most disadvantaged and marginalized groups, without discrimination on any of the grounds prohibited under article 2, paragraph 2, of the Covenant. In order to ensure universal coverage, non-contributory schemes will be necessary.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy","(a) Coverage"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-19-0024","docId":"e-c-12-gc-19","idx":24,"n":24,"text":"24. Qualifying conditions for benefits must be reasonable, proportionate and transparent. The withdrawal, reduction or suspension of benefits should be circumscribed, based on grounds that are reasonable, subject to due process, and provided for in national law.[[fn:19]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":19,"text":"The Committee notes that, under ILO Convention No. 168 (1988) on Employment Promotion and Protection against Unemployment, such action can only be taken in certain circumstances: absence from the territory of the State; a competent authority has determined that the person concerned deliberately contributed to their own dismissal or left employment voluntarily without just cause; during the period a person stops work due to a labour dispute; the person has attempted to obtain or has obtained benefits fraudulently; the person has failed without just cause to use the facilities available for placement, vocational guidance, training, retraining or redeployment in suitable work; or the person is in receipt of another income maintenance benefit provided for in the legislation of the relevant State, except a family benefit, provided that the part of the benefit which is suspended does not exceed that other benefit."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy","(b) Eligibility"]},{"id":"e-c-12-gc-19-0025","docId":"e-c-12-gc-19","idx":25,"n":25,"text":"25. If a social security scheme requires contributions, those contributions should be stipulated in advance. The direct and indirect costs and charges associated with making contributions must be affordable for all, and must not compromise the realization of other Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy","(c) Affordability"]},{"id":"e-c-12-gc-19-0026","docId":"e-c-12-gc-19","idx":26,"n":26,"text":"26. Beneficiaries of social security schemes must be able to participate in the administration of the social security system.[[fn:20]] The system should be established under national law and ensure the right of individuals and organizations to seek, receive and impart information on all social security entitlements in a clear and transparent manner.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":20,"text":"Articles 71 and 72 of ILO Convention 102 (1952) on Social Security (Minimum Standards) set out similar requirements."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy","(d) Participation and information"]},{"id":"e-c-12-gc-19-0027","docId":"e-c-12-gc-19","idx":27,"n":27,"text":"27. Benefits should be provided in a timely manner and beneficiaries should have physical access to the social security services in order to access benefits and information, and make contributions where relevant. Particular attention should be paid in this regard to persons with disabilities, migrants, and persons living in remote or disaster-prone areas, as well as areas experiencing armed conflict, so that they, too, can have access to these services.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy","(e) Physical access"]},{"id":"e-c-12-gc-19-0028","docId":"e-c-12-gc-19","idx":28,"n":28,"text":"28. The right to social security plays an important role in supporting the realization of many of the rights in the Covenant, but other measures are necessary to complement the right to social security. For example, States parties should provide social services for rehabilitation of the injured and persons with disabilities in accordance with article 6 of the Covenant, provide child care and welfare, advice and assistance with family planning and the provision of special facilities for persons with disabilities and older persons (article 10); take measures to combat poverty and social exclusion and provide supporting social services (article 11); and adopt measures to prevent disease and improve health facilities, goods and services (article 12).[[fn:21]] States parties should also consider schemes that provide social protection to individuals belonging to disadvantaged and marginalized groups, for example crop or natural disaster insurance for small farmers[[fn:22]] or livelihood protection for self-employed persons in the informal economy. However, the adoption of measures to realize other rights in the Covenant will not in itself act as a substitute for the creation of social security schemes.","labels":["Children","Persons with disabilities","Persons living in poverty","Persons affected by natural disasters","Persons affected by armed conflict","Children in alternative care"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":21,"text":"See Social Security principles, Social Security Series No. 1, ILO (1998), p. 14 and general comments No. 5 (1994) on persons with disabilities, No. 6 (1995) on the economic, social and cultural rights of older persons; No. 12 (1999) on the right to adequate food (art. 11); No. 13 (1999) on the right to education (art. 13); No. 14 (2000) on the right to the highest attainable standard of health (art. 12); No. 15 (2002) on the right to water (arts. 11 and 12); and No. 18 (2005) on the right to work (art. 6)."},{"n":22,"text":"Social Security principles, Social Security Series No. 1, ILO, p. 29."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","5. Relationship with other rights"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"10","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-19-0029","docId":"e-c-12-gc-19","idx":29,"n":29,"text":"29. The obligation of States parties to guarantee that the right to social security is enjoyed without discrimination (article 2, paragraph 2, of the Covenant), and equally between men and women (article 3), pervades all of the obligations under Part III of the Covenant. The Covenant thus prohibits any discrimination, whether in law or in fact, whether direct or indirect, on the grounds of race, colour, sex,[[fn:23]] age,[[fn:24]] language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability,[[fn:25]] health status (including HIV/AIDS), sexual orientation, and civil, political, social or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to social security.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":23,"text":"See general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3)."},{"n":24,"text":"See general comment No. 6. The Committee notes that some distinctions can be made on the basis of age, for example entitlement to a pension. The key underlying principle is that any distinction on prohibited grounds must be reasonable and justified in the circumstances."},{"n":25,"text":"See general comment No. 5."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","1. Non-discrimination and equality"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-19-0030","docId":"e-c-12-gc-19","idx":30,"n":30,"text":"30. States parties should also remove de facto discrimination on prohibited grounds, where individuals are unable to access adequate social security. States parties should ensure that legislation, policies, programmes and the allocation of resources facilitate access to social security for all members of society in accordance with Part III. Restrictions on access to social security schemes should also be reviewed to ensure that they do not discriminate in law or in fact.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","1. Non-discrimination and equality"]},{"id":"e-c-12-gc-19-0031","docId":"e-c-12-gc-19","idx":31,"n":31,"text":"31. Whereas everyone has the right to social security, States parties should give special attention to those individuals and groups who traditionally face difficulties in exercising this right, in particular women, the unemployed, workers inadequately protected by social security, persons working in the informal economy, sick or injured workers, people with disabilities, older persons, children and adult dependents, domestic workers, homeworkers,[[fn:26]] minority groups, refugees, asylum-seekers, internally displaced persons, returnees, non-nationals, prisoners and detainees.","labels":["Children","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":26,"text":"Home workers are those who work from home for remuneration for an employer or similar business enterprise or activity. See ILO Convention No. 177 (1996) on Home Work."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","1. Non-discrimination and equality"]},{"id":"e-c-12-gc-19-0032","docId":"e-c-12-gc-19","idx":32,"n":32,"text":"32. In general comment No.16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3), the Committee noted that implementation of article 3 in relation to article 9 requires, inter alia, equalization of the compulsory retirement age for both men and women; ensuring that women receive equal benefits in both public and private pension schemes; and guaranteeing adequate maternity leave for women, paternity leave for men, and parental leave for both men and women.[[fn:27]] In social security schemes that link benefits with contributions, States parties should take steps to eliminate the factors that prevent women from making equal contributions to such schemes (for example, intermittent participation in the workforce on account of family responsibilities and unequal wage outcomes) or ensure that schemes take account of such factors in the design of benefit formulas (for example by considering child rearing periods or periods to take care of adult dependents in relation to pension entitlements). Differences in the average life expectancy of men and women can also lead directly or indirectly to discrimination in provision of benefits (particularly in the case of pensions) and thus need to be taken into account in the design of schemes. Non-contributory schemes must also take account of the fact that women are more likely to live in poverty than men and often have sole responsibility for the care of children.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":27,"text":"Article 10 of the Covenant expressly provides that “working mothers should be accorded paid leave or leave with adequate social security benefits”."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","2. Gender equality"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-c-12-gc-19-0033","docId":"e-c-12-gc-19","idx":33,"n":33,"text":"33. Steps must be taken by States parties to the maximum of their available resources to ensure that the social security systems cover workers inadequately protected by social security, including part-time workers, casual workers, the self-employed and homeworkers. Where social security schemes for such workers are based on occupational activity, they should be adapted so that they enjoy conditions equivalent to those of comparable full-time workers. Except in the case of employment injury, these conditions could be determined in proportion to hours of work, contributions or earnings, or through other appropriate methods. Where such occupation-based schemes do not provide adequate coverage to these workers, a State party will need to adopt complementary measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","2. Gender equality"]},{"id":"e-c-12-gc-19-0034","docId":"e-c-12-gc-19","idx":34,"n":34,"text":"34. States parties must take steps to the maximum of their available resources to ensure that the social security systems cover those persons working in the informal economy. The informal economy has been defined by the International Labour Conference as “all economic activities by workers and economic units that are - in law or in practice - not covered or insufficiently covered by formal arrangements.”[[fn:28]] This duty is particularly important where social security systems are based on a formal employment relationship, business unit or registered residence. Measures could include: (a) removing obstacles that prevent such persons from accessing informal social security schemes, such as community-based insurance; (b) ensuring a minimum level of coverage of risks and contingencies with progressive expansion over time; and (c) respecting and supporting social security schemes developed within the informal economy such as micro-insurance and other microcredit related schemes. The Committee notes that in a number of States parties with a large informal economy, programmes such as universal pension and health-care schemes that cover all persons have been adopted.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":28,"text":"Conclusions concerning decent work and the informal economy, General Conference of the International Labour Organization, 90th session, para. 3."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","4. Informal economy"]},{"id":"e-c-12-gc-19-0035","docId":"e-c-12-gc-19","idx":35,"n":35,"text":"35. States parties should take particular care that indigenous peoples and ethnic and linguistic minorities are not excluded from social security systems through direct or indirect discrimination, particularly through the imposition of unreasonable eligibility conditions or lack of adequate access to information.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","5. Indigenous Peoples and Minority Groups"]},{"id":"e-c-12-gc-19-0036","docId":"e-c-12-gc-19","idx":36,"n":36,"text":"36. Article 2, paragraph 2, prohibits discrimination on grounds of nationality and the Committee notes that the Covenant contains no express jurisdictional limitation. Where non-nationals, including migrant workers, have contributed to a social security scheme, they should be able to benefit from that contribution or retrieve their contributions if they leave the country.[[fn:29]] A migrant worker’s entitlement should also not be affected by a change in workplace.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":29,"text":"See report of the Secretary-General on international migration and development (A/60/871), para. 98."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","5. Indigenous Peoples and Minority Groups"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-19-0037","docId":"e-c-12-gc-19","idx":37,"n":37,"text":"37. Non-nationals should be able to access non-contributory schemes for income support, affordable access to health care and family support. Any restrictions, including a qualification period, must be proportionate and reasonable. All persons, irrespective of their nationality, residency or immigration status, are entitled to primary and emergency medical care.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","5. Indigenous Peoples and Minority Groups"]},{"id":"e-c-12-gc-19-0038","docId":"e-c-12-gc-19","idx":38,"n":38,"text":"38. Refugees, stateless persons and asylum-seekers, and other disadvantaged and marginalized individuals and groups, should enjoy equal treatment in access to non-contributory social security schemes, including reasonable access to health care and family support, consistent with international standards.[[fn:30]]","labels":["Non-citizens and stateless"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":30,"text":"See Convention relating to the Status of Refugees, articles 23 and 24 and Convention relating to the Status of Stateless Persons, articles 23 and 24."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","5. Indigenous Peoples and Minority Groups"]},{"id":"e-c-12-gc-19-0039","docId":"e-c-12-gc-19","idx":39,"n":39,"text":"39. Internally displaced persons should not suffer from any discrimination in the enjoyment of their right to social security and States parties should take proactive measures to ensure equal access to schemes, for example by waiving, where applicable, residence requirements and making allowance for provision of benefits or other related services at the place of displacement. Internal migrants should be able to access social security from their place of residence, and residence registration systems should not restrict access to social security for individuals who move to another district where they are not registered.","labels":["Migrants","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","7. Internally displaced persons and internal migrants"]},{"id":"e-c-12-gc-19-0040","docId":"e-c-12-gc-19","idx":40,"n":40,"text":"40. While the Covenant provides for progressive realization and acknowledges the constraints owing to the limits of available resources, the Covenant also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to social security, such as the guarantee that the right will be exercised without discrimination of any kind (article 2, paragraph 2), ensuring the equal rights of men and women (article 3), and the obligation to take steps (article 2, paragraph 1) towards the full realization of articles 11, paragraph 1, and 12. Such steps must be deliberate, concrete and targeted towards the full realization of the right to social security.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","A. General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-gc-19-0041","docId":"e-c-12-gc-19","idx":41,"n":41,"text":"41. The Committee acknowledges that the realization of the right to social security carries significant financial implications for States parties, but notes that the fundamental importance of social security for human dignity and the legal recognition of this right by States parties mean that the right should be given appropriate priority in law and policy. States parties should develop a national strategy for the full implementation of the right to social security, and should allocate adequate fiscal and other resources at the national level. If necessary, they should avail themselves of international cooperation and technical assistance in line with article 2, paragraph 1, of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","A. General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-19-0042","docId":"e-c-12-gc-19","idx":42,"n":42,"text":"42. There is a strong presumption that retrogressive measures taken in relation to the right to social security are prohibited under the Covenant. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant, in the context of the full use of the maximum available resources of the State party. The Committee will look carefully at whether: (a) there was reasonable justification for the action; (b) alternatives were comprehensively examined; (c) there was genuine participation of affected groups in examining the proposed measures and alternatives; (d) the measures were directly or indirectly discriminatory; (e) the measures will have a sustained impact on the realization of the right to social security, an unreasonable impact on acquired social security rights or whether an individual or group is deprived of access to the minimum essential level of social security; and (f) whether there was an independent review of the measures at the national level.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","A. General legal obligations"]},{"id":"e-c-12-gc-19-0043","docId":"e-c-12-gc-19","idx":43,"n":43,"text":"43. The right to social security, like any human right, imposes three types of obligations on States parties: the obligation to respect, the obligation to protect and the obligation to fulfil.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations"]},{"id":"e-c-12-gc-19-0044","docId":"e-c-12-gc-19","idx":44,"n":44,"text":"44. The obligation to respect requires that States parties refrain from interfering directly or indirectly with the enjoyment of the right to social security. The obligation includes, inter alia, refraining from engaging in any practice or activity that, for example, denies or limits equal access to adequate social security; arbitrarily or unreasonably interferes with self-help or customary or traditional arrangements for social security; arbitrarily or unreasonably interferes with institutions that have been established by individuals or corporate bodies to provide social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","1. Obligation to respect"]},{"id":"e-c-12-gc-19-0045","docId":"e-c-12-gc-19","idx":45,"n":45,"text":"45. The obligation to protect requires that State parties prevent third parties from interfering in any way with the enjoyment of the right to social security. Third parties include individuals, groups, corporations and other entities, as well as agents acting under their authority. The obligation includes, inter alia, adopting the necessary and effective legislative and other measures, for example, to restrain third parties from denying equal access to social security schemes operated by them or by others and imposing unreasonable eligibility conditions; arbitrarily or unreasonably interfering with self-help or customary or traditional arrangements for social security that are consistent with the right to social security; and failing to pay legally required contributions for employees or other beneficiaries into the social security system.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","2. Obligation to protect"]},{"id":"e-c-12-gc-19-0046","docId":"e-c-12-gc-19","idx":46,"n":46,"text":"46. Where social security schemes, whether contributory or non-contributory, are operated or controlled by third parties, States parties retain the responsibility of administering the national social security system and ensuring that private actors do not compromise equal, adequate, affordable, and accessible social security. To prevent such abuses an effective regulatory system must be established which includes framework legislation, independent monitoring, genuine public participation and imposition of penalties for non-compliance.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","2. Obligation to protect"]},{"id":"e-c-12-gc-19-0047","docId":"e-c-12-gc-19","idx":47,"n":47,"text":"47. The obligation to fulfil requires States parties to adopt the necessary measures, including the implementation of a social security scheme, directed towards the full realization of the right to social security. The obligation to fulfil can be subdivided into the obligations to facilitate, promote and provide.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0048","docId":"e-c-12-gc-19","idx":48,"n":48,"text":"48. The obligation to facilitate requires States parties to take positive measures to assist individuals and communities to enjoy the right to social security. The obligation includes, inter alia, according sufficient recognition of this right within the national political and legal systems, preferably by way of legislative implementation; adopting a national social security strategy and plan of action to realize this right;[[fn:31]] ensuring that the social security system will be adequate, accessible for everyone and will cover social risks and contingencies.[[fn:32]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":31,"text":"See paras. 59 (d) and 68-70 below."},{"n":32,"text":"See paras. 12-21 above."}],"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0049","docId":"e-c-12-gc-19","idx":49,"n":49,"text":"49. The obligation to promote obliges the State party to take steps to ensure that there is appropriate education and public awareness concerning access to social security schemes, particularly in rural and deprived urban areas, or amongst linguistic and other minorities.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0050","docId":"e-c-12-gc-19","idx":50,"n":50,"text":"50. States parties are also obliged to provide the right to social security when individuals or a group are unable, on grounds reasonably considered to be beyond their control, to realize that right themselves, within the existing social security system with the means at their disposal. States parties will need to establish non-contributory schemes or other social assistance measures to provide support to those individuals and groups who are unable to make sufficient contributions for their own protection. Special attention should be given to ensuring that the social security system can respond in times of emergency, for example during and after natural disasters, armed conflict and crop failure.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0051","docId":"e-c-12-gc-19","idx":51,"n":51,"text":"51. It is important that social security schemes cover disadvantaged and marginalized groups, even where there is limited capacity to finance social security, either from tax revenues and/or contributions from beneficiaries. Low-cost and alternative schemes could be developed to cover immediately those without access to social security, although the aim should be to integrate them into regular social security schemes. Policies and a legislative framework could be adopted for the progressive inclusion of those in the informal economy or who are otherwise excluded from access to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0052","docId":"e-c-12-gc-19","idx":52,"n":52,"text":"52. Article 2, paragraph 1, and articles 11, paragraph 1, and 23 of the Covenant require that States parties recognize the essential role of international cooperation and assistance and take joint and separate action to achieve the full realization of the rights inscribed in the Covenant, including the right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-gc-19-0053","docId":"e-c-12-gc-19","idx":53,"n":53,"text":"53. To comply with their international obligations in relation to the right to social security, States parties have to respect the enjoyment of the right by refraining from actions that interfere, directly or indirectly, with the enjoyment of the right to social security in other countries.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0054","docId":"e-c-12-gc-19","idx":54,"n":54,"text":"54. States parties should extraterritorially protect the right to social security by preventing their own citizens and national entities from violating this right in other countries. Where States parties can take steps to influence third parties (non-State actors) within their jurisdiction to respect the right, through legal or political means, such steps should be taken in accordance with the Charter of the United Nations and applicable international law.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0055","docId":"e-c-12-gc-19","idx":55,"n":55,"text":"55. Depending on the availability of resources, States parties should facilitate the realization of the right to social security in other countries, for example through provision of economic and technical assistance. International assistance should be provided in a manner that is consistent with the Covenant and other human rights standards, and sustainable and culturally appropriate. Economically developed States parties have a special responsibility for and interest in assisting the developing countries in this regard.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0056","docId":"e-c-12-gc-19","idx":56,"n":56,"text":"56. States parties should ensure that the right to social security is given due attention in international agreements and, to that end, should consider the development of further legal instruments. The Committee notes the importance of establishing reciprocal bilateral and multilateral international agreements or other instruments for coordinating or harmonizing contributory social security schemes for migrant workers.[[fn:33]] Persons temporarily working in another country should be covered by the social security scheme of their home country.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":33,"text":"See International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, article 27."}],"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0057","docId":"e-c-12-gc-19","idx":57,"n":57,"text":"57. With regard to the conclusion and implementation of international and regional agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to social security. Agreements concerning trade liberalization should not restrict the capacity of a State Party to ensure the full realization of the right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0058","docId":"e-c-12-gc-19","idx":58,"n":58,"text":"States parties should ensure that their actions as members of international organizations take due account of the right to social security. Accordingly, States parties that are members of international financial institutions, notably the International Monetary Fund, the World Bank, and regional development banks, should take steps to ensure that the right to social security is taken into account in their lending policies, credit agreements and other international measures. States parties should ensure that the policies and practices of international and regional financial E/C.12/GC/19 page 16 institutions, in particular those concerning their role in structural adjustment and in the design and implementation of social security systems, promote and do not interfere with the right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0059","docId":"e-c-12-gc-19","idx":59,"n":59,"text":"States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant.[[fn:34]] This requires the State party: (a) To ensure access to a social security scheme that provides a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care,[[fn:35]] basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education. If a State party cannot provide this minimum level for all risks and contingencies within its maximum available resources, the Committee recommends that the State party, after a wide process of consultation, select a core group of social risks and contingencies; (b) To ensure the right of access to social security systems or schemes on a non-discriminatory basis, especially for disadvantaged and marginalized individuals and groups;[[fn:36]] (c) To respect existing social security schemes and protect them from unreasonable interference;[[fn:37]] (d) To adopt and implement a national social security strategy and plan of action;[[fn:38]] (e) To take targeted steps to implement social security schemes, particularly those that protect disadvantaged and marginalized individuals and groups;[[fn:39]] (f) To monitor the extent of the realization of the right to social security.[[fn:40]] E/C.12/GC/19 page 17","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":34,"text":"See general comment No. 3 (1990) on the nature of States parties’ obligations (art.2, para.1 of the Covenant)."},{"n":35,"text":"Read in conjunction with general comment No. 14 (2000) on the right to the highest attainable standard of health (art. 12), paras. 43 and 44, this would include access to health facilities, goods and services on a non-discriminatory basis, provision of essential drugs, access to reproductive, maternal (prenatal as well as post-natal) and child health care, and immunization against the major infectious diseases occurring in the community."},{"n":36,"text":"See paras. 29-31 above."},{"n":37,"text":"See paras. 44-46 above."},{"n":38,"text":"See paras. 68-70 below."},{"n":39,"text":"See for example paras. 31-39 above."},{"n":40,"text":"See para. 74 below."}],"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","5. Core obligations"]},{"id":"e-c-12-gc-19-0060","docId":"e-c-12-gc-19","idx":60,"n":60,"text":"60. In order for a State party to be able to attribute its failure to meet at least its minimum core obligations to a lack of available resources, it must demonstrate that every effort has been made to use all resources that are at its disposal in an effort to satisfy, as a matter of priority, these minimum obligations.[[fn:41]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":41,"text":"See general comment No. 3. paragraph 10."}],"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","5. Core obligations"]},{"id":"e-c-12-gc-19-0061","docId":"e-c-12-gc-19","idx":61,"n":61,"text":"61. The Committee also wishes to emphasize that it is particularly incumbent on States parties, and other actors in a position to assist, to provide international assistance and cooperation, especially economic and technical, to enable developing countries to fulfil their core obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","5. Core obligations"]},{"id":"e-c-12-gc-19-0062","docId":"e-c-12-gc-19","idx":62,"n":62,"text":"62. To demonstrate compliance with their general and specific obligations, States parties must show that they have taken the necessary steps towards the realization of the right to social security within their maximum available resources, and have guaranteed that the right is enjoyed without discrimination and equally by men and women (articles 2 and 3 of the Covenant). Under international law, a failure to act in good faith to take such steps amounts to a violation of the Covenant.[[fn:42]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":42,"text":"See Vienna Convention on the Law of Treaties, article 26."}],"section":["IV. VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-19-0063","docId":"e-c-12-gc-19","idx":63,"n":63,"text":"63. In assessing whether States parties have complied with obligations to take action, the Committee looks at whether implementation is reasonable or proportionate with respect to the attainment of the relevant rights, complies with human rights and democratic principles and whether it is subject to an adequate framework of monitoring and accountability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["IV. VIOLATIONS"]},{"id":"e-c-12-gc-19-0064","docId":"e-c-12-gc-19","idx":64,"n":64,"text":"64. Violations of the right to social security can occur through acts of commission, i.e. the direct actions of States parties or other entities insufficiently regulated by States. Violations include, for example, the adoption of deliberately retrogressive measures incompatible with the core obligations outlined in paragraph 42 above; the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to social security; active support for measures adopted by third parties which are inconsistent with the right to social security; the establishment of different eligibility conditions for social assistance benefits for disadvantaged and marginalized individuals depending on the place of residence; active denial of the rights of women or particular individuals or groups.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["IV. VIOLATIONS"]},{"id":"e-c-12-gc-19-0065","docId":"e-c-12-gc-19","idx":65,"n":65,"text":"65. Violations through acts of omission can occur when the State party fails to take sufficient and appropriate action to realize the right to social security. In the context of social security, examples of such violations include the failure to take appropriate steps towards the full realization of everyone's right to social security; the failure to enforce relevant laws or put into effect policies designed to implement the right to social security; the failure to ensure the financial sustainability of State pension schemes; the failure to reform or repeal legislation which is manifestly inconsistent with the right to social security; the failure to regulate the activities of individuals or groups so as to prevent them from violating the right to social security; the failure to remove promptly obstacles which the State party is under a duty to remove in order to permit the immediate fulfilment of a right guaranteed by the Covenant; the failure to meet the core obligations (see paragraph 59 above); the failure of a State party to take into account its Covenant obligations when entering into bilateral or multilateral agreements with other States, international organizations or multinational corporations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["IV. VIOLATIONS"]},{"id":"e-c-12-gc-19-0066","docId":"e-c-12-gc-19","idx":66,"n":66,"text":"66. In the implementation of their Covenant obligations, and in accordance with article 2, paragraph 1, of the Covenant, States parties are required to utilize “all appropriate means, including particularly the adoption of legislative measures.” Every State party has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances.[[fn:43]] The Covenant, however, clearly imposes a duty on each State party to take whatever steps are necessary to ensure that everyone enjoys the right to social security, as soon as possible.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":43,"text":"See statement by the Committee: An evaluation of the obligation to take steps to the “maximum of available resources” under an optional protocol to the Covenant (E/C.12/2007/1)."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-19-0067","docId":"e-c-12-gc-19","idx":67,"n":67,"text":"67. States parties are obliged to adopt all appropriate measures such as legislation, strategies, policies and programmes to ensure that the specific obligations with regard to the right to social security will be implemented. Existing legislation, strategies and policies should be reviewed to ensure that they are compatible with obligations arising from the right to social security, and should be repealed, amended or changed if inconsistent with Covenant requirements. Social security systems should also regularly be monitored to ensure their sustainability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0068","docId":"e-c-12-gc-19","idx":68,"n":68,"text":"68. The duty to take steps clearly imposes on States parties an obligation to adopt a national strategy and plan of action to realize the right to social security, unless the State party can clearly show that it has a comprehensive social security system in place and that it reviews it regularly to ensure that it is consistent with the right to social security. The strategy and action plan should be reasonably conceived in the circumstances; take into account the equal rights of men and women and the rights of the most disadvantaged and marginalized groups; be based upon human rights law and principles; cover all aspects of the right to social security; set targets or goals to be achieved and the timeframe for their achievement, together with corresponding benchmarks and indicators, against which they should be continuously monitored; and contain mechanisms for obtaining financial and human resources. When formulating and implementing national strategies on the right to social security, States parties should avail themselves, if necessary, of the technical assistance and cooperation of the United Nations specialized agencies (see Part VI below).","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0069","docId":"e-c-12-gc-19","idx":69,"n":69,"text":"69. The formulation and implementation of national social security strategies and plans of action should respect, inter alia, the principles of non-discrimination, gender equality and people's participation. The right of individuals and groups to participate in decision-making processes that may affect their exercise of the right to social security should be an integral part of any policy, programme or strategy concerning social security.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0070","docId":"e-c-12-gc-19","idx":70,"n":70,"text":"70. The national social security strategy and plan of action and its implementation should also be based on the principles of accountability and transparency. The independence of the judiciary and good governance are also essential to the effective implementation of all human rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0071","docId":"e-c-12-gc-19","idx":71,"n":71,"text":"71. In order to create a favourable climate for the realization of the right to social security, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider its importance in pursuing their activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0072","docId":"e-c-12-gc-19","idx":72,"n":72,"text":"72. States parties may find it advantageous to adopt framework legislation to implement the right to social security. Such legislation might include: (a) targets or goals to be attained and the time frame for their achievement; (b) the means by which the purpose could be achieved; (c) the intended collaboration with civil society, the private sector and international organizations; (d) institutional responsibility for the process; (e) national mechanisms for its monitoring; and (f) remedies and recourse procedures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0073","docId":"e-c-12-gc-19","idx":73,"n":73,"text":"73. Where responsibility for the implementation of the right to social security has been delegated to regional or local authorities or is under the constitutional authority of a federal body, the State party retains the obligation to comply with the Covenant, and therefore should ensure that these regional or local authorities effectively monitor the necessary social security services and facilities, as well as the effective implementation of the system. The States parties must further ensure that such authorities do not deny access to benefits and services on a discriminatory basis, whether directly or indirectly.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","B. Decentralization and the right to social security"]},{"id":"e-c-12-gc-19-0074","docId":"e-c-12-gc-19","idx":74,"n":74,"text":"74. States parties are obliged to monitor effectively the realization of the right to social security and should establish the necessary mechanisms or institutions for such a purpose. In monitoring progress towards the realization of the right to social security, States parties should identify the factors and difficulties affecting implementation of their obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","C. Monitoring, indicators and benchmarks"]},{"id":"e-c-12-gc-19-0075","docId":"e-c-12-gc-19","idx":75,"n":75,"text":"75. To assist the monitoring process, right to social security indicators should be identified in national strategies or plans of action in order that the State party's obligations under article 9 can be monitored at the national and international levels. Indicators should address the different elements of social security (such as adequacy, coverage of social risks and contingencies, affordability and accessibility), be disaggregated on the prohibited grounds of discrimination, and cover all persons residing in the territorial jurisdiction of the State party or under its control. States parties may obtain guidance on appropriate indicators from the ongoing work of the International Labour Organization (ILO), World Health Organization (WHO) and International Social Security Association (ISSA).","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","C. Monitoring, indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-c-12-gc-19-0076","docId":"e-c-12-gc-19","idx":76,"n":76,"text":"76. Having identified appropriate indicators for the right to social security, States parties are invited to set appropriate national benchmarks. During the periodic reporting procedure, the Committee will engage in a process of “scoping” with States parties. Scoping involves the joint consideration by States parties and the Committee of the indicators and national benchmarks which will then provide the targets to be achieved during the next reporting period. In the following five years, the States parties will use these national benchmarks to help monitor their implementation of the right to social security. Thereafter, in the subsequent reporting process, States parties and the Committee will consider whether or not the benchmarks have been achieved, and the reasons for any difficulties that may have been encountered.[[fn:44]] When setting benchmarks and preparing their reports, States parties should utilize the extensive information and advisory services of the United Nations specialized agencies and programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":44,"text":"See general comment No.14 (2000) on the right to the highest attainable standard of health (art. 12), para. 58."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","C. Monitoring, indicators and benchmarks"]},{"id":"e-c-12-gc-19-0077","docId":"e-c-12-gc-19","idx":77,"n":77,"text":"77. Any persons or groups who have experienced violations of their right to social security should have access to effective judicial or other appropriate remedies at both national and international levels.[[fn:45]] All victims of violations of the right to social security should be entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition. National ombudspersons, human rights commissions, and similar national human rights institutions should be permitted to address violations of the right. Legal assistance for obtaining remedies should be provided within maximum available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":45,"text":"See general comment No. 9 (1998) on the domestic application of the Covenant, paragraph 4."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","D. Remedies and accountability"]},{"id":"e-c-12-gc-19-0078","docId":"e-c-12-gc-19","idx":78,"n":78,"text":"78. Before any action is carried out by the State party, or by any other third party, that interferes with the right of an individual to social security the relevant authorities must ensure that such actions are performed in a manner warranted by law, compatible with the Covenant, and include: (a) an opportunity for genuine consultation with those affected; (b) timely and full disclosure of information on the proposed measures; (c) reasonable notice of proposed actions; (d) legal recourse and remedies for those affected; and (e) legal assistance for obtaining legal remedies. Where such action is based on the ability of a person to contribute to a social security scheme, their capacity to pay must be taken into account. Under no circumstances should an individual be deprived of a benefit on discriminatory grounds or of the minimum essential level of benefits as defined in paragraph 59(a).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","D. Remedies and accountability"]},{"id":"e-c-12-gc-19-0079","docId":"e-c-12-gc-19","idx":79,"n":79,"text":"79. The incorporation in the domestic legal order of international instruments recognizing the right to social security can significantly enhance the scope and effectiveness of remedial measures and should be encouraged. Incorporation enables courts to adjudicate violations of the right to social security by direct reference to the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","D. Remedies and accountability"]},{"id":"e-c-12-gc-19-0080","docId":"e-c-12-gc-19","idx":80,"n":80,"text":"80. Judges, adjudicators and members of the legal profession should be encouraged by States parties to pay greater attention to violations of the right to social security in the exercise of their functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","D. Remedies and accountability"]},{"id":"e-c-12-gc-19-0081","docId":"e-c-12-gc-19","idx":81,"n":81,"text":"81. States parties should respect, protect, facilitate and promote the work of human rights advocates and other members of civil society, with a view to assisting disadvantaged and marginalized individuals and groups in the realization of their right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","D. Remedies and accountability"]},{"id":"e-c-12-gc-19-0082","docId":"e-c-12-gc-19","idx":82,"n":82,"text":"82. The United Nations specialized agencies and other international organizations concerned with social security, such as ILO, WHO, the United Nations Food and Agriculture Organization, the United Nations Children’s Fund, the United Nations Human Settlements Programme, the United Nations Development Programme and ISSA, as well as international organizations concerned with trade such as the World Trade Organization, should cooperate effectively with States parties, building on their respective expertise, in relation to the implementation of the right to social security.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES"]},{"id":"e-c-12-gc-19-0083","docId":"e-c-12-gc-19","idx":83,"n":83,"text":"83. The international financial institutions, notably the International Monetary Fund and the World Bank, should take into account the right to social security in their lending policies, credit agreements, structural adjustment programmes and similar projects,[[fn:46]] so that the enjoyment of the right to social security, particularly by disadvantaged and marginalized individuals and groups, is promoted and not compromised.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":46,"text":"See general comment No. 2 (1990) on international technical assistance measures (art. 22 of the Covenant)."}],"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES"]},{"id":"e-c-12-gc-19-0084","docId":"e-c-12-gc-19","idx":84,"n":84,"text":"84. When examining the reports of States parties and their ability to meet the obligations to realize the right to social security, the Committee will consider the effects of the assistance provided by all other actors. The incorporation of human rights law and principles in the programmes and policies of international organizations will greatly facilitate the implementation of the right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES"]},{"id":"e-1990-23-0001","docId":"e-1990-23","idx":1,"n":1,"text":"Article 22 of the Covenant establishes a mechanism by which the Economic and Social Council may bring to the attention of relevant United Nations bodies any matters arising out of reports submitted under the Covenant “which may assist such bodies in deciding, each within its field of competence, on the advisability of international measures likely to contribute to the effective progressive implementation of the ... Covenant”. While the primary responsibility under article 22 is vested in the Council, it is clearly appropriate for the Committee on Economic, Social and Cultural Rights to play an active role in advising and assisting the Council in this regard.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"}]},{"id":"e-1990-23-0002","docId":"e-1990-23","idx":2,"n":2,"text":"Recommendations in accordance with article 22 may be made to any “organs of the United Nations, their subsidiary organs and specialized agencies concerned with furnishing technical assistance”. The Committee considers that this provision should be interpreted so as to include virtually all United Nations organs and agencies involved in any aspect of international development cooperation. It would therefore be appropriate for recommendations in accordance with article 22 to be addressed, inter alia, to the Secretary‑General, subsidiary organs of the Council such as the Commission on Human Rights, the Commission on Social Development and the Commission on the Status of Women, other bodies such as UNDP, UNICEF and CDP, agencies such as the World Bank and IMF, and any of the other specialized agencies such as ILO, FAO, UNESCO and WHO.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"}]},{"id":"e-1990-23-0003","docId":"e-1990-23","idx":3,"n":3,"text":"Article 22 could lead either to recommendations of a general policy nature or to more narrowly focused recommendations relating to a specific situation. In the former context, the principal role of the Committee would seem to be to encourage greater attention to efforts to promote economic, social and cultural rights within the framework of international development cooperation activities undertaken by, or with the assistance of, the United Nations and its agencies. In this regard the Committee notes that the Commission on Human Rights, in its resolution 1989/13 of 2 March 1989, invited it “to give consideration to means by which the various United Nations agencies working in the field of development could best integrate measures designed to promote full respect for economic, social and cultural rights in their activities”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"}]},{"id":"e-1990-23-0004","docId":"e-1990-23","idx":4,"n":4,"text":"As a preliminary practical matter, the Committee notes that its own endeavours would be assisted, and the relevant agencies would also be better informed, if they were to take a greater interest in the work of the Committee. While recognizing that such an interest can be demonstrated in a variety of ways, the Committee observes that attendance by representatives of the appropriate United Nations bodies at its first four sessions has, with the notable exceptions of ILO, UNESCO and WHO, been very low. Similarly, pertinent materials and written information had been received from only a very limited number of agencies. The Committee considers that a deeper understanding of the relevance of economic, social and cultural rights in the context of international development cooperation activities would be considerably facilitated through greater interaction between the Committee and the appropriate agencies. At the very least, the day of general discussion on a specific issue, which the Committee undertakes at each of its sessions, provides an ideal context in which a potentially productive exchange of views can be undertaken.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1990-23-0005","docId":"e-1990-23","idx":5,"n":5,"text":"On the broader issues of the promotion of respect for human rights in the context of development activities, the Committee has so far seen only rather limited evidence of specific efforts by United Nations bodies. It notes with satisfaction in this regard the initiative taken jointly by the Centre for Human Rights and UNDP in writing to United Nations Resident Representatives and other field‑based officials, inviting their “suggestions and advice, in particular with respect to possible forms of cooperation in ongoing projects [identified] as having a human rights dimension or in new ones in response to a specific Government’s request”. The Committee has also been informed of long‑standing efforts undertaken by ILO to link its own human rights and other international labour standards to its technical cooperation activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1990-23-0006","docId":"e-1990-23","idx":6,"n":6,"text":"With respect to such activities, two general principles are important. The first is that the two sets of human rights are indivisible and interdependent. This means that efforts to promote one set of rights should also take full account of the other. United Nations agencies involved in the promotion of economic, social and cultural rights should do their utmost to ensure that their activities are fully consistent with the enjoyment of civil and political rights. In negative terms this means that the international agencies should scrupulously avoid involvement in projects which, for example, involve the use of forced labour in contravention of international standards, or promote or reinforce discrimination against individuals or groups contrary to the provisions of the Covenant, or involve large‑scale evictions or displacement of persons without the provision of all appropriate protection and compensation. In positive terms, it means that, wherever possible, the agencies should act as advocates of projects and approaches which contribute not only to economic growth or other broadly defined objectives, but also to enhanced enjoyment of the full range of human rights.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1990-23-0007","docId":"e-1990-23","idx":7,"n":7,"text":"The second principle of general relevance is that development cooperation activities do not automatically contribute to the promotion of respect for economic, social and cultural rights. Many activities undertaken in the name of “development” have subsequently been recognized as ill‑conceived and even counter‑productive in human rights terms. In order to reduce the incidence of such problems, the whole range of issues dealt with in the Covenant should, wherever possible and appropriate, be given specific and careful consideration.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1990-23-0008","docId":"e-1990-23","idx":8,"n":8,"text":"Despite the importance of seeking to integrate human rights concerns into development activities, it is true that proposals for such integration can too easily remain at a level of generality. Thus, in an effort to encourage the operationalization of the principle contained in article 22 of the Covenant, the Committee wishes to draw attention to the following specific measures which merit consideration by the relevant bodies: (a) As a matter of principle, the appropriate United Nations organs and agencies should specifically recognize the intimate relationship which should be established between development activities and efforts to promote respect for human rights in general, and economic, social and cultural rights in particular. The Committee notes in this regard the failure of each of the first three United Nations Development Decade Strategies to recognize that relationship and urges that the fourth such strategy, to be adopted in 1990, should rectify that omission; (b) Consideration should be given by United Nations agencies to the proposal, made by the Secretary‑General in a report of 197 that a “human rights impact statement” be required to be prepared in connection with all major development cooperation activities; (c) The training or briefing given to project and other personnel employed by United Nations agencies should include a component dealing with human rights standards and principles; (d) Every effort should be made, at each phase of a development project, to ensure that the rights contained in the Covenants are duly taken into account. This would apply, for example, in the initial assessment of the priority needs of a particular country, in the identification of particular projects, in project design, in the implementation of the project, and in its final evaluation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"}]},{"id":"e-1990-23-0009","docId":"e-1990-23","idx":9,"n":9,"text":"A matter which has been of particular concern to the Committee in the examination of the reports of States parties is the adverse impact of the debt burden and of the relevant adjustment measures on the enjoyment of economic, social and cultural rights in many countries. The Committee recognizes that adjustment programmes will often be unavoidable and that these will frequently involve a major element of austerity. Under such circumstances, however, endeavours to protect the most basic economic, social and cultural rights become more, rather than less, urgent. States parties to the Covenant, as well as the relevant United Nations agencies, should thus make a particular effort to ensure that such protection is, to the maximum extent possible, built‑in to programmes and policies designed to promote adjustment. Such an approach, which is sometimes referred to as “adjustment with a human face” or as promoting “the human dimension of development” requires that the goal of protecting the rights of the poor and vulnerable should become a basic objective of economic adjustment. Similarly, international measures to deal with the debt crisis should take full account of the need to protect economic, social and cultural rights through, inter alia, international cooperation. In many situations, this might point to the need for major debt relief initiatives.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1990-23-0010","docId":"e-1990-23","idx":10,"n":10,"text":"Finally, the Committee wishes to draw attention to the important opportunity provided to States parties, in accordance with article 22 of the Covenant, to identify in their reports any particular needs they might have for technical assistance or development cooperation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"}]},{"id":"e-c-12-gc-20-0001","docId":"e-c-12-gc-20","idx":1,"n":1,"text":"1. Discrimination undermines the fulfilment of economic, social and cultural rights for a significant proportion of the world’s population. Economic growth has not, in itself, led to sustainable development, and individuals and groups of individuals continue to face socioeconomic inequality, often because of entrenched historical and contemporary forms of discrimination.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["I. INTRODUCTION AND BASIC PREMISES"]},{"id":"e-c-12-gc-20-0002","docId":"e-c-12-gc-20","idx":2,"n":2,"text":"2. Non-discrimination and equality are fundamental components of international human rights law and essential to the exercise and enjoyment of economic, social and cultural rights. Article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights (the Covenant) obliges each State party “to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0003","docId":"e-c-12-gc-20","idx":3,"n":3,"text":"3. The principles of non-discrimination and equality are recognized throughout the Covenant. The preamble stresses the “equal and inalienable rights of all” and the Covenant expressly recognizes the rights of “everyone” to the various Covenant rights such as, inter alia, the right to work, just and favourable conditions of work, trade union freedoms, social security, an adequate standard of living, health and education and participation in cultural life.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["I. INTRODUCTION AND BASIC PREMISES"]},{"id":"e-c-12-gc-20-0004","docId":"e-c-12-gc-20","idx":4,"n":4,"text":"4. The Covenant also explicitly mentions the principles of non-discrimination and equality with respect to some individual rights. Article 3 requires States to undertake to ensure the equal right of men and women to enjoy the Covenant rights and article 7 includes the “right to equal remuneration for work of equal value” and “equal opportunity for everyone to be promoted” in employment. Article 10 stipulates that, inter alia, mothers should be accorded special protection during a reasonable period before and after childbirth and that special measures of protection and assistance should be taken for children and young persons without discrimination. Article 13 recognizes that “primary education shall be compulsory and available free to all” and provides that “higher education shall be made equally accessible to all”.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"10","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-gc-20-0005","docId":"e-c-12-gc-20","idx":5,"n":5,"text":"5. The preamble, Articles 1, paragraph 3, and 55, of the Charter of the United Nations and article 2, paragraph 1, of the Universal Declaration of Human Rights prohibit discrimination in the enjoyment of economic, social and cultural rights. International treaties on racial discrimination, discrimination against women and the rights of refugees, stateless persons, children, migrant workers and members of their families, and persons with disabilities include the exercise of economic, social and cultural rights,[[fn:1]] while other treaties require the elimination of discrimination in specific fields, such as employment and education.[[fn:2]] In addition to the common provision on equality and non-discrimination in both the Covenant and the International Covenant on Civil and Political Rights, article 26 of the International Covenant on Civil and Political Rights contains an independent guarantee of equal and effective protection before and of the law.[[fn:3]]","labels":["Migrants","Women/girls","Persons with disabilities","Non-citizens and stateless"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":1,"text":"See the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); the Convention relating to the Status of Refugees; the Convention relating to the Status of Stateless Persons; the Convention on the Rights of the Child; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; and the Convention on the Rights of Persons with Disabilities."},{"n":2,"text":"ILO Convention No. 111 concerning Discrimination in Respect of Employment and Occupation (1958); and the UNESCO Convention against Discrimination in Education."},{"n":3,"text":"See general comment No. 18 (1989) of the Human Rights Committee on non-discrimination."}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"'Articles 1, paragraph 3, and 55, of the Charter of the United Nations'; UN Charter."},{"article":"2","treaty":"?","confidence":"high","source":"opus","rationale":"'article 2, paragraph 1, of the Universal Declaration of Human Rights'; UDHR is non-treaty."},{"article":"26","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"'article 26 of the International Covenant on Civil and Political Rights' explicitly named; ICCPR art.26."}]},{"id":"e-c-12-gc-20-0006","docId":"e-c-12-gc-20","idx":6,"n":6,"text":"6. In previous general comments, the Committee on Economic, Social and Cultural Rights has considered the application of the principle of non-discrimination to specific Covenant rights relating to housing, food, education, health, water, authors’ rights, work and social security.[[fn:4]] Moreover, general comment No. 16 focuses on State parties’ obligations under article 3 of the Covenant to ensure equal rights of men and women to the enjoyment of all Covenant rights, while general comments Nos. 5 and 6 respectively concern the rights of persons with disabilities and older persons.[[fn:5]] The present general comment aims to clarify the Committee’s understanding of the provisions of article 2, paragraph 2, of the Covenant, including the scope of State obligations (Part II), the prohibited grounds of discrimination (Part III), and national implementation (Part IV).","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":4,"text":"The Committee on Economic, Social and Cultural Rights (CESCR), general comment No. 4 (1991): The right to adequate housing; general comment No. 7 (1997): The right to adequate housing: forced evictions (art. 11, para. 1); general comment No. 12 (1999): The right to adequate food; general comment No. 13 (1999): The right to education (art. 13); general comment No. 14 (2000): The right to the highest attainable standard of health (art. 12); general comment No. 15 (2002): The right to water (arts. 11 and 12); general comment No. 17 (2005): The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author (art. 15, para. 1 (c); general comment No. 18 (2005): The right to work (art. 6); and general comment No. 19 (2008): The right to social security."},{"n":5,"text":"CESCR, general comment No. 5 (1994): Persons with disabilities; and general comment No. 6 (1995): The economic, social and cultural rights of older persons."}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0007","docId":"e-c-12-gc-20","idx":7,"n":7,"text":"7. Non-discrimination is an immediate and cross-cutting obligation in the Covenant. Article 2, paragraph 2, requires States parties to guarantee non-discrimination in the exercise of each of the economic, social and cultural rights enshrined in the Covenant and can only be applied in conjunction with these rights. It is to be noted that discrimination constitutes any distinction, exclusion, restriction or preference or other differential treatment that is directly or indirectly based on the prohibited grounds of discrimination and which has the intention or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of Covenant rights.[[fn:6]] Discrimination also includes incitement to discriminate and harassment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":6,"text":"For a similar definition see art. 1, ICERD; art. 1, CEDAW; and art. 2 of the Convention on the Rights of Persons with Disabilities (CRPD). The Human Rights Committee comes to a similar interpretation in its general comment No. 18, paragraphs 6 and 7. The Committee has adopted a similar position in previous general comments."}],"section":["II. SCOPE OF STATE OBLIGATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0008","docId":"e-c-12-gc-20","idx":8,"n":8,"text":"8. In order for States parties to “guarantee” that the Covenant rights will be exercised without discrimination of any kind, discrimination must be eliminated both formally and substantively:[[fn:7]] (a) Formal discrimination: Eliminating formal discrimination requires ensuring that a State’s constitution, laws and policy documents do not discriminate on prohibited grounds; for example, laws should not deny equal social security benefits to women on the basis of their marital status; (b) Substantive discrimination: Merely addressing formal discrimination will not ensure substantive equality as envisaged and defined by article 2, paragraph 2.[[fn:8]] The effective enjoyment of Covenant rights is often influenced by whether a person is a member of a group characterized by the prohibited grounds of discrimination. Eliminating discrimination in practice requires paying sufficient attention to groups of individuals which suffer historical or persistent prejudice instead of merely comparing the formal treatment of individuals in similar situations. States parties must therefore immediately adopt the necessary measures to prevent, diminish and eliminate the conditions and attitudes which cause or perpetuate substantive or de facto discrimination. For example, ensuring that all individuals have equal access to adequate housing, water and sanitation will help to overcome discrimination against women and girl children and persons living in informal settlements and rural areas.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":7,"text":"CESCR, general comment No. 16 (2005): The equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3)."},{"n":8,"text":"See also CESCR general comment No. 16."}],"section":["II. SCOPE OF STATE OBLIGATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-20-0009","docId":"e-c-12-gc-20","idx":9,"n":9,"text":"9. In order to eliminate substantive discrimination, States parties may be, and in some cases are, under an obligation to adopt special measures to attenuate or suppress conditions that perpetuate discrimination. Such measures are legitimate to the extent that they represent reasonable, objective and proportional means to redress de facto discrimination and are discontinued when substantive equality has been sustainably achieved. Such positive measures may exceptionally, however, need to be of a permanent nature, such as interpretation services for linguistic minorities and reasonable accommodation of persons with sensory impairments in accessing health-care facilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS"]},{"id":"e-c-12-gc-20-0010","docId":"e-c-12-gc-20","idx":10,"n":10,"text":"Both direct and indirect forms of differential treatment can amount to discrimination under article 2, paragraph 2, of the Covenant: (a) Direct discrimination occurs when an individual is treated less favourably than another person in a similar situation for a reason related to a prohibited ground; e.g. where employment in educational or cultural institutions or membership of a trade union is based on the political opinions of applicants or employees. Direct discrimination also includes detrimental acts or omissions on the basis of prohibited grounds where there is no comparable similar situation (e.g. the case of a woman who is pregnant); (b) Indirect discrimination refers to laws, policies or practices which appear neutral at face value, but have a disproportionate impact on the exercise of Covenant rights as distinguished by prohibited grounds of discrimination. For instance, requiring a birth registration certificate for school enrolment may discriminate against ethnic minorities or non-nationals who do not possess, or have been denied, such certificates.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0011","docId":"e-c-12-gc-20","idx":11,"n":11,"text":"11. Discrimination is frequently encountered in families, workplaces, and other sectors of society. For example, actors in the private housing sector (e.g. private landlords, credit providers and public housing providers) may directly or indirectly deny access to housing or mortgages on the basis of ethnicity, marital status, disability or sexual orientation while some families may refuse to send girl children to school. States parties must therefore adopt measures, which should include legislation, to ensure that individuals and entities in the private sphere do not discriminate on prohibited grounds.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS","Private sphere"]},{"id":"e-c-12-gc-20-0012","docId":"e-c-12-gc-20","idx":12,"n":12,"text":"12. The Committee has regularly found that discrimination against some groups is pervasive and persistent and deeply entrenched in social behaviour and organization, often involving unchallenged or indirect discrimination. Such systemic discrimination can be understood as legal rules, policies, practices or predominant cultural attitudes in either the public or private sector which create relative disadvantages for some groups, and privileges for other groups.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS","Private sphere"]},{"id":"e-c-12-gc-20-0013","docId":"e-c-12-gc-20","idx":13,"n":13,"text":"13. Differential treatment based on prohibited grounds will be viewed as discriminatory unless the justification for differentiation is reasonable and objective. This will include an assessment as to whether the aim and effects of the measures or omissions are legitimate, compatible with the nature of the Covenant rights and solely for the purpose of promoting the general welfare in a democratic society. In addition, there must be a clear and reasonable relationship of proportionality between the aim sought to be realized and the measures or omissions and their effects. A failure to remove differential treatment on the basis of a lack of available resources is not an objective and reasonable justification unless every effort has been made to use all resources that are at the State party’s disposition in an effort to address and eliminate the discrimination, as a matter of priority.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS","Permissible scope of differential treatment"]},{"id":"e-c-12-gc-20-0014","docId":"e-c-12-gc-20","idx":14,"n":14,"text":"14. Under international law, a failure to act in good faith to comply with the obligation in article 2, paragraph 2, to guarantee that the rights enunciated in the Covenant will be exercised without discrimination amounts to a violation. Covenant rights can be violated through the direct action or omission by States parties, including through their institutions or agencies at the national and local levels. States parties should also ensure that they refrain from discriminatory practices in international cooperation and assistance and take steps to ensure that all actors under their jurisdiction do likewise.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS","Permissible scope of differential treatment"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0015","docId":"e-c-12-gc-20","idx":15,"n":15,"text":"15. Article 2, paragraph 2, lists the prohibited grounds of discrimination as “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. The inclusion of “other status” indicates that this list is not exhaustive and other grounds may be incorporated in this category. The express grounds and a number of implied grounds under “other status” are discussed below. The examples of differential treatment presented in this section are merely illustrative and they are not intended to represent the full scope of possible discriminatory treatment under the relevant prohibited ground, nor a conclusive finding that such differential treatment will amount to discrimination in every situation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0016","docId":"e-c-12-gc-20","idx":16,"n":16,"text":"16. In determining whether a person is distinguished by one or more of the prohibited grounds, identification shall, if no justification exists to the contrary, be based upon self-identification by the individual concerned. Membership also includes association with a group characterized by one of the prohibited grounds (e.g. the parent of a child with a disability) or perception by others that an individual is part of such a group (e.g. a person has a similar skin colour or is a supporter of the rights of a particular group or a past member of a group).","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Membership of a group"]},{"id":"e-c-12-gc-20-0017","docId":"e-c-12-gc-20","idx":17,"n":17,"text":"17. Some individuals or groups of individuals face discrimination on more than one of the prohibited grounds, for example women belonging to an ethnic or religious minority. Such cumulative discrimination has a unique and specific impact on individuals and merits particular consideration and remedying.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Membership of a group"]},{"id":"e-c-12-gc-20-0018","docId":"e-c-12-gc-20","idx":18,"n":18,"text":"18. The Committee has consistently raised concern over formal and substantive discrimination across a wide range of Covenant rights against indigenous peoples and ethnic minorities among others.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","A. Express grounds"]},{"id":"e-c-12-gc-20-0019","docId":"e-c-12-gc-20","idx":19,"n":19,"text":"19. Discrimination on the basis of “race and colour”, which includes an individual’s ethnic origin, is prohibited by the Covenant as well as by other treaties including the International Convention on the Elimination of Racial Discrimination. The use of the term “race” in the Covenant or the present general comment does not imply the acceptance of theories which attempt to determine the existence of separate human races.[[fn:10]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":10,"text":"See the outcome document of the Durban Review Conference, para. 6: “Reaffirms that all peoples and individuals constitute one human family, rich in diversity, and that all human beings are born free and equal in dignity and rights; and strongly rejects any doctrine of racial superiority along with theories which attempt to determine the existence of so-called distinct human races.”"}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","“Race and colour”"]},{"id":"e-c-12-gc-20-0020","docId":"e-c-12-gc-20","idx":20,"n":20,"text":"20. The Covenant guarantees the equal right of men and women to the enjoyment of economic, social and cultural rights.[[fn:11]] Since the adoption of the Covenant, the notion of the prohibited ground “sex” has evolved considerably to cover not only physiological characteristics but also the social construction of gender stereotypes, prejudices and expected roles, which have created obstacles to the equal fulfilment of economic, social and cultural rights. Thus, the refusal to hire a woman, on the ground that she might become pregnant, or the allocation of low-level or parttime jobs to women based on the stereotypical assumption that, for example, they are unwilling to commit as much time to their work as men, constitutes discrimination. Refusal to grant paternity leave may also amount to discrimination against men.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":11,"text":"See art. 3 of the Covenant, and CESCR general comment No. 16."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Sex"]},{"id":"e-c-12-gc-20-0021","docId":"e-c-12-gc-20","idx":21,"n":21,"text":"21. Discrimination on the basis of language or regional accent is often closely linked to unequal treatment on the basis of national or ethnic origin. Language barriers can hinder the enjoyment of many Covenant rights, including the right to participate in cultural life as guaranteed by article 15 of the Covenant. Therefore, information about public services and goods, for example, should also be available, as far as possible, in languages spoken by minorities, and States parties should ensure that any language requirements relating to employment and education are based on reasonable and objective criteria.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Sex"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-20-0022","docId":"e-c-12-gc-20","idx":22,"n":22,"text":"22. This prohibited ground of discrimination covers the profession of religion or belief of one’s choice (including the non-profession of any religion or belief), that may be publicly or privately manifested in worship, observance, practice and teaching.[[fn:12]] For instance, discrimination arises when persons belonging to a religious minority are denied equal access to universities, employment, or health services on the basis of their religion.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":12,"text":"See also the General Assembly’s Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, proclaimed by the General Assembly in its resolution 36/55 of 25 November 1981."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Religion"]},{"id":"e-c-12-gc-20-0023","docId":"e-c-12-gc-20","idx":23,"n":23,"text":"23. Political and other opinions are often grounds for discriminatory treatment and include both the holding and not-holding of opinions, as well as expression of views or membership within opinion-based associations, trade unions or political parties. Access to food assistance schemes, for example, must not be made conditional on an expression of allegiance to a particular political party.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Political or other opinion"]},{"id":"e-c-12-gc-20-0024","docId":"e-c-12-gc-20","idx":24,"n":24,"text":"24. “National origin” refers to a person’s State, nation, or place of origin. Due to such personal circumstances, individuals and groups of individuals may face systemic discrimination in both the public and private sphere in the exercise of their Covenant rights. “Social origin” refers to a person’s inherited social status, which is discussed more fully below in the context of “property” status, descent-based discrimination under “birth” and “economic and social status”.[[fn:13]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":13,"text":"See paras. 25, 26 and 35, of the present general comment."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","National or social origin"]},{"id":"e-c-12-gc-20-0025","docId":"e-c-12-gc-20","idx":25,"n":25,"text":"25. Property status, as a prohibited ground of discrimination, is a broad concept and includes real property (e.g. land ownership or tenure) and personal property (e.g. intellectual property, goods and chattels, and income), or the lack of it. The Committee has previously commented that","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Property"]},{"id":"e-c-12-gc-20-0026","docId":"e-c-12-gc-20","idx":26,"n":26,"text":"26. Discrimination based on birth is prohibited and article 10, paragraph 3, of the Covenant specifically states, for example, that special measures should be taken on behalf of children and young persons “without any discrimination for reasons of parentage”. Distinctions must therefore not be made against those who are born out of wedlock, born of stateless parents or are adopted or constitute the families of such persons. The prohibited ground of birth also includes descent, especially on the basis of caste and analogous systems of inherited status.[[fn:15]] States parties should take steps, for instance, to prevent, prohibit and eliminate discriminatory practices directed against members of descent-based communities and act against the dissemination of ideas of superiority and inferiority on the basis of descent.","labels":["Children","Adolescents","Non-citizens and stateless"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":15,"text":"For a comprehensive overview of State obligations in this regard, see general comment No. 29 (2002) of the Committee on the Elimination of All Forms of Racial Discrimination on art. 1, para. 1, regarding descent."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Birth"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-c-12-gc-20-0027","docId":"e-c-12-gc-20","idx":27,"n":27,"text":"27. The nature of discrimination varies according to context and evolves over time. A flexible approach to the ground of “other status” is thus needed in order to capture other forms of differential treatment that cannot be reasonably and objectively justified and are of a comparable nature to the expressly recognized grounds in article 2, paragraph 2. These additional grounds are commonly recognized when they reflect the experience of social groups that are vulnerable and have suffered and continue to suffer marginalization. The Committee’s general comments and concluding observations have recognized various other grounds and these are described in more detail below. However, this list is not intended to be exhaustive. Other possible prohibited grounds could include the denial of a person’s legal capacity because he or she is in prison, or is involuntarily interned in a psychiatric institution, or the intersection of two prohibited grounds of discrimination, e.g. where access to a social service is denied on the basis of sex and disability.","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","B. Other status"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0028","docId":"e-c-12-gc-20","idx":28,"n":28,"text":"In its general comment No. 5, the Committee defined discrimination against persons with disabilities[[fn:17]] as “any distinction, exclusion, restriction or preference, or denial of reasonable E/C.12/GC/20 page 9 accommodation based on disability which has the effect of nullifying or impairing the recognition, enjoyment or exercise of economic, social or cultural rights”.[[fn:18]] The denial of reasonable accommodation should be included in national legislation as a prohibited form of discrimination on the basis of disability.[[fn:19]] States parties should address discrimination, such as prohibitions on the right to education, and denial of reasonable accommodation in public places such as public health facilities and the workplace,[[fn:20]] as well as in private places, e.g. as long as spaces are designed and built in ways that make them inaccessible to wheelchairs, such users will be effectively denied their right to work.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":17,"text":"For a definition, see CRPD, art. 1: “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.”"},{"n":18,"text":"See CESCR general comment No. 5, para. 15."},{"n":19,"text":"See CRPD, art. 2: “‘Reasonable accommodation’ means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.”"},{"n":20,"text":"See CESCR general comment No. 5, para. 22."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Disability"]},{"id":"e-c-12-gc-20-0029","docId":"e-c-12-gc-20","idx":29,"n":29,"text":"29. Age is a prohibited ground of discrimination in several contexts. The Committee has highlighted the need to address discrimination against unemployed older persons in finding work, or accessing professional training or retraining, and against older persons living in poverty with unequal access to universal old-age pensions due to their place of residence.[[fn:21]] In relation to young persons, unequal access by adolescents to sexual and reproductive health information and services amounts to discrimination.","labels":["Adolescents","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":21,"text":"See, further, CESCR general comment No. 6."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Age"]},{"id":"e-c-12-gc-20-0030","docId":"e-c-12-gc-20","idx":30,"n":30,"text":"30. The ground of nationality should not bar access to Covenant rights,[[fn:22]] e.g. all children within a State, including those with an undocumented status, have a right to receive education and access to adequate food and affordable health care. The Covenant rights apply to everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation.[[fn:23]]","labels":["Migrants","Children","Non-citizens and stateless"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":22,"text":"This paragraph is without prejudice to the application of art. 2, para. 3, of the Covenant, which states: “Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.”"},{"n":23,"text":"See also general comment No. 30 (2004) of the Committee on the Elimination of All Forms of Racial Discrimination on non-citizens."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Nationality"]},{"id":"e-c-12-gc-20-0031","docId":"e-c-12-gc-20","idx":31,"n":31,"text":"31. Marital and family status may differ between individuals because, inter alia, they are married or unmarried, married under a particular legal regime, in a de facto relationship or one not recognized by law, divorced or widowed, live in an extended family or kinship group or have differing kinds of responsibility for children and dependants or a particular number of children. Differential treatment in access to social security benefits on the basis of whether an individual is married must be justified on reasonable and objective criteria. In certain cases, discrimination can also occur when an individual is unable to exercise a right protected by the Covenant because of his or her family status or can only do so with spousal consent or a relative’s concurrence or guarantee.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Nationality"]},{"id":"e-c-12-gc-20-0032","docId":"e-c-12-gc-20","idx":32,"n":32,"text":"32. “Other status” as recognized in article 2, paragraph 2, includes sexual orientation.[[fn:24]] States parties should ensure that a person’s sexual orientation is not a barrier to realizing Covenant rights, for example, in accessing survivor’s pension rights. In addition, gender identity is recognized as among the prohibited grounds of discrimination; for example, persons who are transgender, transsexual or intersex often face serious human rights violations, such as harassment in schools or in the workplace.[[fn:25]]","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":24,"text":"See CESCR general comments Nos. 14 and 15."},{"n":25,"text":"For definitions, see the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Sexual orientation and gender identity"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0033","docId":"e-c-12-gc-20","idx":33,"n":33,"text":"Health status refers to a person’s physical or mental health.[[fn:26]] States parties should ensure that a person’s actual or perceived health status is not a barrier to realizing the rights under the Covenant. The protection of public health is often cited by States as a basis for restricting human rights in the context of a person’s health status. However, many such restrictions are discriminatory, for example, when HIV status is used as the basis for differential treatment with regard to access to education, employment, health care, travel, social security, housing and asylum.[[fn:27]] States parties should also adopt measures to address widespread stigmatization of persons on the basis of their health status, such as mental illness, diseases such as leprosy and women who have suffered obstetric fistula, which often undermines the ability of individuals to E/C.12/GC/20 page 11 enjoy fully their Covenant rights. Denial of access to health insurance on the basis of health status will amount to discrimination if no reasonable or objective criteria can justify such differentiation.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":26,"text":"See CESCR general comment No. 14, paras. 12(b), 18, 28 and 29."},{"n":27,"text":"See the guidelines published by the Office of the High Commissioner for Human Rights and the Joint United Nations Programme on HIV/AIDS (UNAIDS) (2006), “International Guidelines on HIV/AIDS and Human Rights, 2006 Consolidated Version”. Available online at: http://data.unaids.org/Publications/IRC-pub07/JC1252-InternGuidelines_en.pdf."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Health status"]},{"id":"e-c-12-gc-20-0034","docId":"e-c-12-gc-20","idx":34,"n":34,"text":"34. The exercise of Covenant rights should not be conditional on, or determined by, a person’s current or former place of residence; e.g. whether an individual lives or is registered in an urban or a rural area, in a formal or an informal settlement, is internally displaced or leads a nomadic lifestyle. Disparities between localities and regions should be eliminated in practice by ensuring, for example, that there is even distribution in the availability and quality of primary, secondary and palliative health-care facilities.","labels":["Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Place of residence"]},{"id":"e-c-12-gc-20-0035","docId":"e-c-12-gc-20","idx":35,"n":35,"text":"35. Individuals and groups of individuals must not be arbitrarily treated on account of belonging to a certain economic or social group or strata within society. A person’s social and economic situation when living in poverty or being homeless may result in pervasive discrimination, stigmatization and negative stereotyping which can lead to the refusal of, or unequal access to, the same quality of education and health care as others, as well as the denial of or unequal access to public places.","labels":["Persons in street situations","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Economic and social situation"]},{"id":"e-c-12-gc-20-0036","docId":"e-c-12-gc-20","idx":36,"n":36,"text":"36. In addition to refraining from discriminatory actions, States parties should take concrete, deliberate and targeted measures to ensure that discrimination in the exercise of Covenant rights is eliminated. Individuals and groups of individuals, who may be distinguished by one or more of the prohibited grounds, should be ensured the right to participate in decision-making processes over the selection of such measures. States parties should regularly assess whether the measures chosen are effective in practice.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["IV. NATIONAL IMPLEMENTATION"]},{"id":"e-c-12-gc-20-0037","docId":"e-c-12-gc-20","idx":37,"n":37,"text":"37. Adoption of legislation to address discrimination is indispensable in complying with article 2, paragraph 2. States parties are therefore encouraged to adopt specific legislation that prohibits discrimination in the field of economic, social and cultural rights. Such laws should aim at eliminating formal and substantive discrimination, attribute obligations to public and private actors and cover the prohibited grounds discussed above. Other laws should be regularly reviewed and, where necessary, amended in order to ensure that they do not discriminate or lead to discrimination, whether formally or substantively, in relation to the exercise and enjoyment of Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["IV. NATIONAL IMPLEMENTATION","Legislation"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0038","docId":"e-c-12-gc-20","idx":38,"n":38,"text":"States parties should ensure that strategies, policies, and plans of action are in place and implemented in order to address both formal and substantive discrimination by public and E/C.12/GC/20 page 12 private actors in the area of Covenant rights. Such policies, plans and strategies should address all groups distinguished by the prohibited grounds and States parties are encouraged, among other possible steps, to adopt temporary special measures in order to accelerate the achievement of equality. Economic policies, such as budgetary allocations and measures to stimulate economic growth, should pay attention to the need to guarantee the effective enjoyment of the Covenant rights without discrimination. Public and private institutions should be required to develop plans of action to address non-discrimination and the State should conduct human rights education and training programmes for public officials and make such training available to judges and candidates for judicial appointments. Teaching on the principles of equality and non-discrimination should be integrated in formal and non-formal inclusive and multicultural education, with a view to dismantling notions of superiority or inferiority based on prohibited grounds and to promote dialogue and tolerance between different groups in society. States parties should also adopt appropriate preventive measures to avoid the emergence of new marginalized groups.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["IV. NATIONAL IMPLEMENTATION","Policies, plans and strategies"]},{"id":"e-c-12-gc-20-0039","docId":"e-c-12-gc-20","idx":39,"n":39,"text":"39. States parties must adopt an active approach to eliminating systemic discrimination and segregation in practice. Tackling such discrimination will usually require a comprehensive approach with a range of laws, policies and programmes, including temporary special measures. States parties should consider using incentives to encourage public and private actors to change their attitudes and behaviour in relation to individuals and groups of individuals facing systemic discrimination, or penalize them in case of non-compliance. Public leadership and programmes to raise awareness about systemic discrimination and the adoption of strict measures against incitement to discrimination are often necessary. Eliminating systemic discrimination will frequently require devoting greater resources to traditionally neglected groups. Given the persistent hostility towards some groups, particular attention will need to be given to ensuring that laws and policies are implemented by officials and others in practice.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["IV. NATIONAL IMPLEMENTATION","Elimination of systemic discrimination"]},{"id":"e-c-12-gc-20-0040","docId":"e-c-12-gc-20","idx":40,"n":40,"text":"40. National legislation, strategies, policies and plans should provide for mechanisms and institutions that effectively address the individual and structural nature of the harm caused by discrimination in the field of economic, social and cultural rights. Institutions dealing with allegations of discrimination customarily include courts and tribunals, administrative authorities, national human rights institutions and/or ombudspersons, which should be accessible to everyone without discrimination. These institutions should adjudicate or investigate complaints promptly, impartially, and independently and address alleged violations relating to article 2, paragraph 2, including actions or omissions by private actors. Where the facts and events at issue lie wholly, or in part, within the exclusive knowledge of the authorities or other respondent, the burden of proof should be regarded as resting on the authorities, or the other respondent, respectively. These institutions should also be empowered to provide effective remedies, such as compensation, reparation, restitution, rehabilitation, guarantees of non-repetition and public apologies, and State parties should ensure that these measures are effectively implemented.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[],"section":["IV. NATIONAL IMPLEMENTATION","Remedies and accountability"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0041","docId":"e-c-12-gc-20","idx":41,"n":41,"text":"41. States parties are obliged to monitor effectively the implementation of measures to comply with article 2, paragraph 2, of the Covenant. Monitoring should assess both the steps taken and the results achieved in the elimination of discrimination. National strategies, policies and plans should use appropriate indicators and benchmarks, disaggregated on the basis of the prohibited grounds of discrimination.[[fn:29]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":29,"text":"See CESCR general comments Nos. 13, 14, 15, 17 and 19, and its new reporting guidelines (E/C.12/2008/2)."}],"section":["IV. NATIONAL IMPLEMENTATION","Monitoring, indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-21-0001","docId":"e-c-12-gc-21","idx":1,"n":1,"text":"Cultural rights are an integral part of human rights and, like other rights, are universal, indivisible and interdependent. The full promotion of and respect for cultural rights is essential for the maintenance of human dignity and positive social interaction between individuals and communities in a diverse and multicultural world.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["I. Introduction and basic premises"]},{"id":"e-c-12-gc-21-0002","docId":"e-c-12-gc-21","idx":2,"n":2,"text":"The right of everyone to take part in cultural life is closely related to the other cultural rights contained in article 15: the right to enjoy the benefits of scientific progress and its applications (art. 15, para. 1 (b)); the right of everyone to benefit from the protection of moral and material interests resulting from any scientific, literary or artistic production of which they are the author (art. 15, para. 1 (c)); and the right to freedom indispensable for scientific research and creative activity (art. 15, para. 3). The right of everyone to take part in cultural life is also intrinsically linked to the right to education (arts. 13 and 14), through which individuals and communities pass on their values, religion, customs, language and other cultural references, and which helps to foster an atmosphere of mutual understanding and respect for cultural values. The right to take part in cultural life is also interdependent on other rights enshrined in the Covenant, including the right of all peoples to self-determination (art. 1) and the right to an adequate standard of living (art. 11).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["I. Introduction and basic premises"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"1","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-gc-21-0003","docId":"e-c-12-gc-21","idx":3,"n":3,"text":"The right of everyone to take part in cultural life is also recognized in article 27, paragraph 1, of the Universal Declaration of Human Rights, which states that “everyone has the right freely to participate in the cultural life of the community”. Other international instruments refer to the right to equal participation in cultural activities;[[fn:1]] the right to participate in all aspects of social and cultural life;[[fn:2]] the right to participate fully in cultural 070110 and artistic life;[[fn:3]] the right of access to and participation in cultural life;[[fn:4]] and the right to take part on an equal basis with others in cultural life.[[fn:5]] Instruments on civil and political rights,[[fn:6]] on the rights of persons belonging to minorities to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public,[[fn:7]] and to participate effectively in cultural life,[[fn:8]] on the rights of indigenous peoples to their cultural institutions, ancestral lands, natural resources and traditional knowledge,[[fn:9]] and on the right to development[[fn:10]] also contain important provisions on this subject.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[],"section":["I. Introduction and basic premises"],"citedArticles":[{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27, paragraph 1, of the Universal Declaration of Human Rights'; UDHR is non-treaty."}]},{"id":"e-c-12-gc-21-0004","docId":"e-c-12-gc-21","idx":4,"n":4,"text":"In the present general comment, the Committee addresses specifically the right of everyone under article 15 paragraph 1 (a), to take part in cultural life, in conjunction with paragraphs 2, 3 and 4, as they relate to culture, creative activity and the development of international contacts and cooperation in cultural fields, respectively. The right of everyone to benefit from the protection of moral and material interests resulting from any scientific, literary or artistic production of which they are the author, as provided for in article 15, paragraph 1 (c), was the subject of general comment No. 17 (2005).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["I. Introduction and basic premises"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0005","docId":"e-c-12-gc-21","idx":5,"n":5,"text":"The Committee has gained long experience on this subject through its consideration of reports and dialogue with States parties. In addition, it has twice organized a day of general discussion, once in 1992 and again in 2008, with representatives of international organizations and civil society with a view to preparing the present general comment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["I. Introduction and basic premises"]},{"id":"e-c-12-gc-21-0006","docId":"e-c-12-gc-21","idx":6,"n":6,"text":"The right to take part in cultural life can be characterized as a freedom. In order for this right to be ensured, it requires from the State party both abstention (i.e., non-interference with the exercise of cultural practices and with access to cultural goods and services) and positive action (ensuring preconditions for participation, facilitation and promotion of cultural life, and access to and preservation of cultural goods).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)"]},{"id":"e-c-12-gc-21-0007","docId":"e-c-12-gc-21","idx":7,"n":7,"text":"The decision by a person whether or not to exercise the right to take part in cultural life individually, or in association with others, is a cultural choice and, as such, should be recognized, respected and protected on the basis of equality. This is especially important for all indigenous peoples, who have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law, as well as the United Nations Declaration on the Rights of Indigenous Peoples.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)"]},{"id":"e-c-12-gc-21-0008","docId":"e-c-12-gc-21","idx":8,"n":8,"text":"The content or scope of the terms used in article 15, paragraph 1 (a), on the right of everyone to take part in cultural life, is to be understood as set out below:","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0009","docId":"e-c-12-gc-21","idx":9,"n":9,"text":"9. In its general comment No. 17 on the right to benefit from the protection of moral and material interests resulting from any scientific, literary or artistic production of which one is the author,[[fn:11]] the Committee recognizes that the term “everyone” in the first line of article 15 may denote the individual or the collective; in other words, cultural rights may be exercised by a person (a) as an individual, (b) in association with others, or (c) within a community or group, as such.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":11,"text":"See definition of “author” in general comment No. 17 (2005), paras. 7 and 8."}],"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“Everyone”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0010","docId":"e-c-12-gc-21","idx":10,"n":10,"text":"10. Various definitions of “culture” have been postulated in the past and others may arise in the future. All of them, however, refer to the multifaceted content implicit in the concept of culture.[[fn:12]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":12,"text":"Culture is (a) “the set of distinctive spiritual, material, intellectual and emotional features of a society or a social group, [which] encompasses, in addition to art and literature, lifestyles, ways of living together, value systems, traditions and beliefs” (UNESCO Universal Declaration on Cultural Diversity, fifth preambular paragraph); (b) “in its very essence, a social phenomenon resulting from individuals joining and cooperating in creative activities [and] is not limited to access to works of art and the human rights, but is at one and the same time the acquisition of knowledge, the demand for a way of life and need to communicate” (UNESCO recommendation on participation by the people at large in cultural life and their contribution to it, 1976, the Nairobi recommendation, fifth preambular paragraph (a) and (c)); (c) “covers those values, beliefs, convictions, languages, knowledge and the arts, traditions, institutions and ways of life through which a person or a group expresses their humanity and meanings that they give to their existence and to their development” (Fribourg Declaration on Cultural Rights, art. 2 (a) (definitions); (d) “the sum total of the material and spiritual activities and products of a given social group which distinguishes it from other similar groups [and] a system of values and symbols as well as a set of practices that a specific cultural group reproduces over time and which provides individuals with the required signposts and meanings for behaviour and social relationships in everyday life”. (Rodolfo Stavenhagen, “Cultural Rights: A social science perspective”, in H. Niec (ed.), Cultural Rights and Wrongs: A collection of essays in commemoration of the 50th anniversary of the Universal Declaration of Human Rights, Paris and Leicester, UNESCO Publishing and Institute of Art and Law)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“Cultural life”"]},{"id":"e-c-12-gc-21-0011","docId":"e-c-12-gc-21","idx":11,"n":11,"text":"11. In the Committee’s view, culture is a broad, inclusive concept encompassing all manifestations of human existence. The expression “cultural life” is an explicit reference to culture as a living process, historical, dynamic and evolving, with a past, a present and a future.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“Cultural life”"]},{"id":"e-c-12-gc-21-0012","docId":"e-c-12-gc-21","idx":12,"n":12,"text":"12. The concept of culture must be seen not as a series of isolated manifestations or hermetic compartments, but as an interactive process whereby individuals and communities, while preserving their specificities and purposes, give expression to the culture of humanity. This concept takes account of the individuality and otherness of culture as the creation and product of society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“Cultural life”"]},{"id":"e-c-12-gc-21-0013","docId":"e-c-12-gc-21","idx":13,"n":13,"text":"13. The Committee considers that culture, for the purpose of implementing article 15 (1) (a), encompasses, inter alia, ways of life, language, oral and written literature, music and song, non-verbal communication, religion or belief systems, rites and ceremonies, sport and games, methods of production or technology, natural and man-made environments, food, clothing and shelter and the arts, customs and traditions through which individuals, groups of individuals and communities express their humanity and the meaning they give to their existence, and build their world view representing their encounter with the external forces affecting their lives. Culture shapes and mirrors the values of well-being and the economic, social and political life of individuals, groups of individuals and communities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“Cultural life”"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-21-0014","docId":"e-c-12-gc-21","idx":14,"n":14,"text":"14. The terms “to participate” and “to take part” have the same meaning and are used interchangeably in other international and regional instruments.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“To participate” or “to take part”"]},{"id":"e-c-12-gc-21-0015","docId":"e-c-12-gc-21","idx":15,"n":15,"text":"There are, among others, three interrelated main components of the right to participate or take part in cultural life: (a) participation in, (b) access to, and (c) contribution to cultural life. (a) Participation covers in particular the right of everyone — alone, or in association with others or as a community — to act freely, to choose his or her own identity, to identify or not with one or several communities or to change that choice, to take part in the political life of society, to engage in one’s own cultural practices and to express oneself in the language of one’s choice. Everyone also has the right to seek and develop cultural knowledge and expressions and to share them with others, as well as to act creatively and take part in creative activity; (b) Access covers in particular the right of everyone — alone, in association with others or as a community — to know and understand his or her own culture and that of others through education and information, and to receive quality education and training with due regard for cultural identity. Everyone has also the right to learn about forms of expression and dissemination through any technical medium of information or communication, to follow a way of life associated with the use of cultural goods and resources such as land, water,[[fn:13]] biodiversity, language or specific institutions, and to benefit from the cultural heritage and the creation of other individuals and communities; (c) Contribution to cultural life refers to the right of everyone to be involved in creating the spiritual, material, intellectual and emotional expressions of the community. This is supported by the right to take part in the development of the community to which a person belongs, and in the definition, elaboration and implementation of policies and decisions that have an impact on the exercise of a person’s cultural rights.[[fn:14]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":13,"text":"General comment No. 15 (2002), paras. 6 and 11."},{"n":14,"text":"UNESCO Universal Declaration on Cultural Diversity, art. 5. See also Fribourg Declaration on Cultural Rights, art. 7."}],"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“To participate” or “to take part”"]},{"id":"e-c-12-gc-21-0016","docId":"e-c-12-gc-21","idx":16,"n":16,"text":"The following are necessary conditions for the full realization of the right of everyone to take part in cultural life on the basis of equality and non-discrimination. (a) Availability is the presence of cultural goods and services that are open for everyone to enjoy and benefit from, including libraries, museums, theatres, cinemas and sports stadiums; literature, including folklore, and the arts in all forms; the shared open spaces essential to cultural interaction, such as parks, squares, avenues and streets; nature’s gifts, such as seas, lakes, rivers, mountains, forests and nature reserves, including the flora and fauna found there, which give nations their character and biodiversity; intangible cultural goods, such as languages, customs, traditions, beliefs, knowledge and history, as well as values, which make up identity and contribute to the cultural diversity of individuals and communities. Of all the cultural goods, one of special value is the productive intercultural kinship that arises where diverse groups, minorities and communities can freely share the same territory; (b) Accessibility consists of effective and concrete opportunities for individuals and communities to enjoy culture fully, within physical and financial reach for all in both urban and rural areas, without discrimination.[[fn:15]] It is essential, in this regard, that access for older persons and persons with disabilities, as well as for those who live in poverty, is provided and facilitated. Accessibility also includes the right of everyone to seek, receive and share information on all manifestations of culture in the language of the person’s choice, and the access of communities to means of expressions and dissemination. (c) Acceptability entails that the laws, policies, strategies, programmes and measures adopted by the State party for the enjoyment of cultural rights should be formulated and implemented in such a way as to be acceptable to the individuals and communities involved. In this regard, consultations should be held with the individuals and communities concerned in order to ensure that the measures to protect cultural diversity are acceptable to them; (d) Adaptability refers to the flexibility and relevance of strategies, policies, programmes and measures adopted by the State party in any area of cultural life, which must be respectful of the cultural diversity of individuals and communities; (e) Appropriateness refers to the realization of a specific human right in a way that is pertinent and suitable to a given cultural modality or context, that is, respectful of the culture and cultural rights of individuals and communities, including minorities and indigenous peoples.[[fn:16]] The Committee has in many instances referred to the notion of cultural appropriateness (or cultural acceptability or adequacy) in past general comments, in relation in particular to the rights to food, health, water, housing and education. The way in which rights are implemented may also have an impact on cultural life and cultural diversity. The Committee wishes to stress in this regard the need to take into account, as far as possible, cultural values attached to, inter alia, food and food consumption, the use of water, the way health and education services are provided and the way housing is designed and constructed.","labels":["Indigenous peoples","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":15,"text":"See general comment No. 20 (2009)."},{"n":16,"text":"Fribourg Declaration on Cultural Rights, art. 1 (e)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","B. Elements of the right to take part in cultural life"]},{"id":"e-c-12-gc-21-0017","docId":"e-c-12-gc-21","idx":17,"n":17,"text":"17. The right of everyone to take part in cultural life is closely linked to the enjoyment of other rights recognized in the international human rights instruments. Consequently, States parties have a duty to implement their obligations under article 15, paragraph 1 (a), together with their obligations under other provisions of the Covenant and international instruments, in order to promote and protect the entire range of human rights guaranteed under international law.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","C. Limitations to the right to take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0018","docId":"e-c-12-gc-21","idx":18,"n":18,"text":"18. The Committee wishes to recall that, while account must be taken of national and regional particularities and various historical, cultural and religious backgrounds, it is the duty of States, regardless of their political, economic or cultural systems, to promote and protect all human rights and fundamental freedoms.[[fn:17]] Thus, no one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor to limit their scope.[[fn:18]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":17,"text":"Vienna Declaration and Programme of Action, para. 5."},{"n":18,"text":"Universal Declaration on Cultural Diversity, art. 4."}],"section":["II. Normative content of article 15, paragraph 1 (a)","C. Limitations to the right to take part in cultural life"]},{"id":"e-c-12-gc-21-0019","docId":"e-c-12-gc-21","idx":19,"n":19,"text":"19. Applying limitations to the right of everyone to take part in cultural life may be necessary in certain circumstances, in particular in the case of negative practices, including those attributed to customs and traditions, that infringe upon other human rights. Such limitations must pursue a legitimate aim, be compatible with the nature of this right and be strictly necessary for the promotion of general welfare in a democratic society, in accordance with article 4 of the Covenant. Any limitations must therefore be proportionate, meaning that the least restrictive measures must be taken when several types of limitations may be imposed. The Committee also wishes to stress the need to take into consideration existing international human rights standards on limitations that can or cannot be legitimately imposed on rights that are intrinsically linked to the right to take part in cultural life, such as the rights to privacy, to freedom of thought, conscience and religion, to freedom of opinion and expression, to peaceful assembly and to freedom of association.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","C. Limitations to the right to take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-21-0020","docId":"e-c-12-gc-21","idx":20,"n":20,"text":"20. Article 15, paragraph 1 (a) may not be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized in the Covenant or at their limitation to a greater extent than is provided for therein.[[fn:19]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":19,"text":"International Covenant on Economic, Social and Cultural Rights, art. 5, para. 1."}],"section":["II. Normative content of article 15, paragraph 1 (a)","C. Limitations to the right to take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0021","docId":"e-c-12-gc-21","idx":21,"n":21,"text":"21. Article 2, paragraph 2, and article 3 of the Covenant prohibit any discrimination in the exercise of the right of everyone to take part in cultural life on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.[[fn:20]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":20,"text":"See general comment No. 20 (2009)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","D. Special topics of broad application","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-21-0022","docId":"e-c-12-gc-21","idx":22,"n":22,"text":"22. In particular, no one shall be discriminated against because he or she chooses to belong, or not to belong, to a given cultural community or group, or to practise or not to practise a particular cultural activity. Likewise, no one shall be excluded from access to cultural practices, goods and services.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","D. Special topics of broad application","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-21-0023","docId":"e-c-12-gc-21","idx":23,"n":23,"text":"23. The Committee emphasizes that the elimination of all forms of discrimination in order to guarantee the exercise of the right of everyone to take part in cultural life can, in many cases, be achieved with limited resources[[fn:21]] by the adoption, amendment or repeal of legislation, or through publicity and information. In particular, a first and important step towards the elimination of discrimination, whether direct or indirect, is for States to recognize the existence of diverse cultural identities of individuals and communities on their territories. The Committee also refers States parties to its general comment No. 3 (1990), paragraph 12, on the nature of States parties’ obligations, which establishes that, even in times of severe resource constraints, the most disadvantaged and marginalized individuals and groups can and indeed must be protected by the adoption of relatively low-cost targeted programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":21,"text":"See general comment No. 3 (1990); statement by the Committee: an evaluation of the obligation to take steps to the “maximum of available resources” under an optional protocol to the Covenant (E/C.12/2007/1)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","D. Special topics of broad application","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-21-0024","docId":"e-c-12-gc-21","idx":24,"n":24,"text":"24. The adoption of temporary special measures with the sole purpose of achieving de facto equality does not constitute discrimination, provided that such measures do not perpetuate unequal protection or form a separate system of protection for certain individuals or groups of individuals, and that they are discontinued when the objectives for which they were taken have been achieved.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","D. Special topics of broad application","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-21-0025","docId":"e-c-12-gc-21","idx":25,"n":25,"text":"25. Ensuring the equal right of men and women to the enjoyment of economic, social and cultural rights is a mandatory and immediate obligation of States parties.[[fn:22]] Implementing article 3 of the Covenant, in relation to article 15, paragraph 1 (a), requires, inter alia, the elimination of institutional and legal obstacles as well as those based on negative practices, including those attributed to customs and traditions, that prevent women from participating fully in cultural life, science education and scientific research.[[fn:23]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":22,"text":"General comment No. 16 (2005), para. 16."},{"n":23,"text":"Ibid., para. 31."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","1. Women"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0026","docId":"e-c-12-gc-21","idx":26,"n":26,"text":"26. Children play a fundamental role as the bearers and transmitters of cultural values from generation to generation. States parties should take all the steps necessary to stimulate and develop children’s full potential in the area of cultural life, with due regard for the rights and responsibilities of their parents or guardians. In particular, when taking into consideration their obligations under the Covenant and other human rights instruments on the right to education, including with regard to the aims of education,[[fn:24]] States should recall that the fundamental aim of educational development is the transmission and enrichment of common cultural and moral values in which the individual and society find their identity and worth.[[fn:25]] Thus, education must be culturally appropriate, include human rights education, enable children to develop their personality and cultural identity and to learn and understand cultural values and practices of the communities to which they belong, as well as those of other communities and societies.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":24,"text":"In particular articles 28 and 29 of the Convention on the Rights of the Child."},{"n":25,"text":"World Declaration on Education for All: Meeting Basic Learning Needs, art. I-3."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","2. Children"]},{"id":"e-c-12-gc-21-0027","docId":"e-c-12-gc-21","idx":27,"n":27,"text":"27. The Committee wishes to recall in this regard that educational programmes of States parties should respect the cultural specificities of national or ethnic, linguistic and religious minorities as well as indigenous peoples, and incorporate in those programmes their history, knowledge and technologies, as well as their social, economic and cultural values and aspirations. Such programmes should be included in school curricula for all, not only for minorities and indigenous peoples. States parties should adopt measures and spare no effort to ensure that educational programmes for minorities and indigenous groups are conducted on or in their own language, taking into consideration the wishes expressed by communities and in the international human rights standards in this area.[[fn:26]] Educational programmes should also transmit the necessary knowledge to enable everyone to participate fully and on an equal footing in their own and in national communities.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":26,"text":"In particular the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, the Declaration on the Rights of Indigenous Peoples and the International Labour Organization Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","2. Children"]},{"id":"e-c-12-gc-21-0028","docId":"e-c-12-gc-21","idx":28,"n":28,"text":"28. The Committee is of the view that States parties to the Covenant are obligated to pay particular attention to the promotion and protection of the cultural rights of older persons. The Committee emphasizes the important role that older persons continue to play in most societies by reason of their creative, artistic and intellectual abilities, and as the transmitters of information, knowledge, traditions and cultural values. Consequently, the Committee attaches particular importance to the message contained in recommendations 44 and 48 of the Vienna International Plan of Action on Aging, calling for the development of programmes featuring older persons as teachers and transmitters of knowledge, culture and spiritual values, and encouraging Governments and international organizations to support programmes aimed at providing older persons with easier physical access to cultural institutions (such as museums, theatres, concert halls and cinemas).[[fn:27]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":27,"text":"General comment No. 6 (1995), paras. 38 and 40."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","3. Older persons"]},{"id":"e-c-12-gc-21-0029","docId":"e-c-12-gc-21","idx":29,"n":29,"text":"29. The Committee therefore urges States parties to take account of the recommendations contained in the United Nations Principles for Older Persons, and in particular of principle 7, that older persons should remain integrated in society, participate actively in the formulation and implementation of policies that directly affect their wellbeing and share their knowledge and skills with younger generations; and principle 16, that older persons should have access to the educational, cultural, spiritual and recreational resources of society.[[fn:28]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":28,"text":"General comment No. 6 (1995), para. 39."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","3. Older persons"]},{"id":"e-c-12-gc-21-0030","docId":"e-c-12-gc-21","idx":30,"n":30,"text":"30. Paragraph 17 of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities provides that States should ensure that persons with disabilities have the opportunity to utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community, be they in urban or rural areas, and that States should promote accessibility to and availability of places for cultural performances and services.[[fn:29]]","labels":["Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":29,"text":"General Assembly resolution 48/96, annex."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","4. Persons with disabilities"]},{"id":"e-c-12-gc-21-0031","docId":"e-c-12-gc-21","idx":31,"n":31,"text":"31. In order to facilitate participation of persons with disabilities in cultural life, States parties should, inter alia, recognize the right of these persons to have access to cultural material, television programmes, films, theatre and other cultural activities, in accessible forms; to have access to places where cultural performances or services are offered, such as theatres, museums, cinemas, libraries and tourist services and, to the extent possible, to monuments and places of national cultural importance; to the recognition of their specific cultural and linguistic identity, including sign language and the culture of the deaf; and to the encouragement and promotion of their participation, to the extent possible, in recreational, leisure and sporting activities.[[fn:30]]","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":30,"text":"Convention on the Rights of Persons with Disabilities, art. 30."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","4. Persons with disabilities"]},{"id":"e-c-12-gc-21-0032","docId":"e-c-12-gc-21","idx":32,"n":32,"text":"32. In the Committee’s view, article 15, paragraph 1 (a) of the Covenant also includes the right of minorities and of persons belonging to minorities to take part in the cultural life of society, and also to conserve, promote and develop their own culture.[[fn:31]] This right entails the obligation of States parties to recognize, respect and protect minority cultures as an essential component of the identity of the States themselves. Consequently, minorities have the right to their cultural diversity, traditions, customs, religion, forms of education, languages, communication media (press, radio, television, Internet) and other manifestations of their cultural identity and membership.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":31,"text":"International Covenant on Civil and Political Rights, art. 27; Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, para. 1 (1)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","5. Minorities"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0033","docId":"e-c-12-gc-21","idx":33,"n":33,"text":"33. Minorities, as well as persons belonging to minorities, have the right not only to their own identity but also to development in all areas of cultural life. Any programme intended to promote the constructive integration of minorities and persons belonging to minorities into the society of a State party should thus be based on inclusion, participation and nondiscrimination, with a view to preserving the distinctive character of minority cultures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","5. Minorities"]},{"id":"e-c-12-gc-21-0034","docId":"e-c-12-gc-21","idx":34,"n":34,"text":"34. States parties should pay particular attention to the protection of the cultural identities of migrants, as well as their language, religion and folklore, and of their right to hold cultural, artistic and intercultural events. States parties should not prevent migrants from maintaining their cultural links with their countries of origin.[[fn:32]]","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":32,"text":"International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 31."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","6. Migrants"]},{"id":"e-c-12-gc-21-0035","docId":"e-c-12-gc-21","idx":35,"n":35,"text":"35. As education is intrinsically related to culture, the Committee recommends that States parties adopt appropriate measures to enable the children of migrants to attend, on a basis of equal treatment, State-run educational institution and programmes.","labels":["Migrants","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","6. Migrants"]},{"id":"e-c-12-gc-21-0036","docId":"e-c-12-gc-21","idx":36,"n":36,"text":"36. States parties should take measures to guarantee that the exercise of the right to take part in cultural life takes due account of the values of cultural life, which may be strongly communal or which can only be expressed and enjoyed as a community by indigenous peoples.[[fn:33]] The strong communal dimension of indigenous peoples’ cultural life is indispensable to their existence, wellbeing and full development, and includes the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.[[fn:34]] Indigenous peoples’ cultural values and rights associated with their ancestral lands and their relationship with nature should be regarded with respect and protected, in order to prevent the degradation of their particular way of life, including their means of subsistence, the loss of their natural resources and, ultimately, their cultural identity.[[fn:35]] States parties must therefore take measures to recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources, and, where they have been otherwise inhabited or used without their free and informed consent, take steps to return these lands and territories.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":33,"text":"See Declaration on the Rights of Indigenous Peoples, art. 1. See also ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169), art. 1, para. 2."},{"n":34,"text":"United Nations Declaration on the Rights of Indigenous Peoples, art. 26 (a)."},{"n":35,"text":"Convention No. 169, arts. 13–16. See also the United Nations Declaration on the Rights of Indigenous Peoples, arts. 20 and 33."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","7. Indigenous peoples"]},{"id":"e-c-12-gc-21-0037","docId":"e-c-12-gc-21","idx":37,"n":37,"text":"37. Indigenous peoples have the right to act collectively to ensure respect for their right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literature, designs, sports and traditional games, and visual and performing arts.[[fn:36]] States parties should respect the principle of free, prior and informed consent of indigenous peoples in all matters covered by their specific rights.[[fn:37]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":36,"text":"ILO Convention No. 169, arts. 5 and 31. See also the United Nations Declaration on the Rights of Indigenous Peoples, arts. 11–13."},{"n":37,"text":"ILO Convention No. 169, art. 6 (a). See also the United Nations Declaration on the Rights of Indigenous Peoples, art. 19."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","7. Indigenous peoples"]},{"id":"e-c-12-gc-21-0038","docId":"e-c-12-gc-21","idx":38,"n":38,"text":"38. The Committee considers that every person or group of persons is endowed with a cultural richness inherent in their humanity and therefore can make, and continues to make, a significant contribution to the development of culture. Nevertheless, it must be borne in mind that, in practice, poverty seriously restricts the ability of a person or a group of persons to exercise the right to take part in, gain access and contribute to, on equal terms, all spheres of cultural life, and more importantly, seriously affects their hopes for the future and their ability to enjoy effectively their own culture. The common underlying theme in the experience of persons living in poverty is a sense of powerlessness that is often a consequence of their situation. Awareness of their human rights, and particularly the right of every person to take part in cultural life, can significantly empower persons or groups of persons living in poverty.[[fn:38]]","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":38,"text":"See E/C.12/2001/10, para. 5."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","8. Persons living in poverty"]},{"id":"e-c-12-gc-21-0039","docId":"e-c-12-gc-21","idx":39,"n":39,"text":"39. Culture as a social product must be brought within the reach of all, on the basis of equality, non-discrimination and participation. Therefore, in implementing the legal obligations enshrined in article 15, paragraph 1 (a), of the Covenant, States parties must adopt, without delay, concrete measures to ensure adequate protection and the full exercise of the right of persons living in poverty and their communities to enjoy and take part in cultural life. In this respect, the Committee refers States parties to its statement on poverty and the International Covenant on Economic, Social and Cultural Rights.[[fn:39]]","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":39,"text":"Ibid., para. 14."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","8. Persons living in poverty"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0040","docId":"e-c-12-gc-21","idx":40,"n":40,"text":"40. The protection of cultural diversity is an ethical imperative, inseparable from respect for human dignity. It implies a commitment to human rights and fundamental freedoms, and requires the full implementation of cultural rights, including the right to take part in cultural life.[[fn:40]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":40,"text":"See the Universal Declaration on Cultural Diversity, arts. 4 and 5."}],"section":["II. Normative content of article 15, paragraph 1 (a)","F. Cultural diversity and the right to take part in cultural life"]},{"id":"e-c-12-gc-21-0041","docId":"e-c-12-gc-21","idx":41,"n":41,"text":"41. Cultures have no fixed borders. The phenomena of migration, integration, assimilation and globalization have brought cultures, groups and individuals into closer contact than ever before, at a time when each of them is striving to keep their own identity.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","F. Cultural diversity and the right to take part in cultural life"]},{"id":"e-c-12-gc-21-0042","docId":"e-c-12-gc-21","idx":42,"n":42,"text":"42. Given that globalization has positive and negative effects, States parties must take appropriate steps to avoid its adverse consequences on the right to take part in cultural life, particularly for the most disadvantaged and marginalized individuals and groups, such as persons living in poverty. Far from having produced a single world culture, globalization has demonstrated that the concept of culture implies the coexistence of different cultures.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","F. Cultural diversity and the right to take part in cultural life"]},{"id":"e-c-12-gc-21-0043","docId":"e-c-12-gc-21","idx":43,"n":43,"text":"43. States parties should also bear in mind that cultural activities, goods and services have economic and cultural dimensions, conveying identity, values and meanings. They must not be treated as having solely a commercial value.[[fn:41]] In particular, bearing in mind article 15 (2) of the Covenant, States parties should adopt measures to protect and promote the diversity of cultural expressions,[[fn:42]] and enable all cultures to express themselves and make themselves known.[[fn:43]] In this respect, due regard should be paid to human rights standards, including the right to information and expression, and to the need to protect the free flow of ideas by word and image. The measures may also aim at preventing the signs, symbols and expressions of a particular culture from being taken out of context for the sole purpose of marketing or exploitation by the mass media.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":41,"text":"UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, preamble, para. 18. See also the Universal Declaration on Cultural Diversity, art. 8."},{"n":42,"text":"UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, art. IV-5."},{"n":43,"text":"See the Universal Declaration on Cultural Diversity, art. 6."}],"section":["II. Normative content of article 15, paragraph 1 (a)","F. Cultural diversity and the right to take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-21-0044","docId":"e-c-12-gc-21","idx":44,"n":44,"text":"44. The Covenant imposes on States parties the immediate obligation to guarantee that the right set out in article 15, paragraph 1 (a), is exercised without discrimination, to recognize cultural practices and to refrain from interfering in their enjoyment and development.[[fn:44]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":44,"text":"See general comment No. 20 (2009)."}],"section":["III. States parties’ obligations","A. General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0045","docId":"e-c-12-gc-21","idx":45,"n":45,"text":"45. While the Covenant provides for the “progressive” realization of the rights set out in its provisions and recognizes the problems arising from limited resources, it imposes on States parties the specific and continuing obligation to take deliberate and concrete measures aimed at the full implementation of the right of everyone to take part in cultural life.[[fn:45]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":45,"text":"See general comments No. 3 (1990), para. 9, No. 13 (1999), para. 44, No. 14 (2000), para. 31, No. 17 (2005), para. 26 and No. 18 (2005), para. 20. See also the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights, para. 21."}],"section":["III. States parties’ obligations","A. General legal obligations"]},{"id":"e-c-12-gc-21-0046","docId":"e-c-12-gc-21","idx":46,"n":46,"text":"46. As in the case of the other rights set out in the Covenant, regressive measures taken in relation to the right of everyone to take part in cultural life are not permitted. Consequently, if any such measure is taken deliberately, the State party has to prove that it was taken after careful consideration of all alternatives and that the measure in question is justified, bearing in mind the complete set of rights recognized in the Covenant.[[fn:46]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":46,"text":"See general comments No. 3 (1990), para. 9, No. 13 (1999), para. 45, No. 14 (2000), para. 32, No. 17 (2005), para. 27 and No. 18 (2005), para. 21."}],"section":["III. States parties’ obligations","A. General legal obligations"]},{"id":"e-c-12-gc-21-0047","docId":"e-c-12-gc-21","idx":47,"n":47,"text":"47. Given the interrelationship between the rights set out in article 15 of the Covenant (see paragraph 2 above), the full realization of the right of everyone to take part in cultural life also requires the adoption of steps necessary for the conservation, development and dissemination of science and culture, as well as steps to ensure respect for the freedom indispensable to scientific research and creative activity, in accordance with paragraphs 2 and 3, respectively, of article 15.[[fn:47]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":47,"text":"See general comments No. 13 (1999), paras. 46 and 47, No. 14 (2000), para. 33, No. 17 (2005), para. 28 and No. 18 (2005), para. 22."}],"section":["III. States parties’ obligations","A. General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0048","docId":"e-c-12-gc-21","idx":48,"n":48,"text":"48. The right of everyone to take part in cultural life, like the other rights enshrined in the Covenant, imposes three types or levels of obligations on States parties: (a) the obligation to respect; (b) the obligation to protect; and (c) the obligation to fulfil. The obligation to respect requires States parties to refrain from interfering, directly or indirectly, with the enjoyment of the right to take part in cultural life. The obligation to protect requires States parties to take steps to prevent third parties from interfering in the right to take part in cultural life. Lastly, the obligation to fulfil requires States parties to take appropriate legislative, administrative, judicial, budgetary, promotional and other measures aimed at the full realization of the right enshrined in article 15, paragraph 1 (a), of the Covenant.[[fn:48]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":48,"text":"See general comments No. 13 (1990), paras. 46 and 47, No. 14 (2000), para. 33, No. 17 (2005), para. 28 and No. 18 (2005), para. 22. See also the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights, para. 6."}],"section":["III. States parties’ obligations","B. Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0049","docId":"e-c-12-gc-21","idx":49,"n":49,"text":"49. The obligation to respect includes the adoption of specific measures aimed at achieving respect for the right of everyone, individually or in association with others or within a community or group: (a) To freely choose their own cultural identity, to belong or not to belong to a community, and have their choice respected;","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[],"section":["III. States parties’ obligations","B. Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0050","docId":"e-c-12-gc-21","idx":50,"n":50,"text":"50. In many instances, the obligations to respect and to protect freedoms, cultural heritage and diversity are interconnected. Consequently, the obligation to protect is to be understood as requiring States to take measures to prevent third parties from interfering in the exercise of rights listed in paragraph 49 above. In addition, States parties are obliged to: (a) Respect and protect cultural heritage in all its forms, in times of war and peace, and natural disasters;","labels":["Indigenous peoples","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[],"section":["III. States parties’ obligations","B. Specific legal obligations"],"citedArticles":[{"article":"19","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text says 'taking into consideration articles 19 and 20 of the International Covenant on Civil and Political Rights' — explicit override from regex_default_treaty=ICESCR."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text says 'articles 19 and 20 of the International Covenant on Civil and Political Rights' — explicit."},{"article":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text says 'article 4 of the Internationa[l Convention on the Elimination of All Forms of Racial Discrimination]' — truncated at end of text but clear from context naming CERD; explicit_treaties includes CERD."}]},{"id":"e-c-12-gc-21-0051","docId":"e-c-12-gc-21","idx":51,"n":51,"text":"51. The obligation to fulfil can be subdivided into the obligations to facilitate, promote and provide.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-21-0052","docId":"e-c-12-gc-21","idx":52,"n":52,"text":"States parties are under an obligation to facilitate the right of everyone to take part in cultural life by taking a wide range of positive measures, including financial measures, that would contribute to the realization of this right, such as: (a) Adopting policies for the protection and promotion of cultural diversity, and facilitating access to a rich and diversified range of cultural expressions, including through, inter alia, measures aimed at establishing and supporting public institutions and the cultural infrastructure necessary for the implementation of such policies; and measures aimed at enhancing diversity through public broadcasting in regional and minority languages; (b) Adopting policies enabling persons belonging to diverse cultural communities to engage freely and without discrimination in their own cultural practices and those of others, and to choose freely their way of life; (c) Promoting the exercise of the right of association for cultural and linguistic minorities for the development of their cultural and linguistic rights; (d) Granting assistance, financial or other, to artists, public and private organizations, including science academies, cultural associations, trade unions and other individuals and institutions engaged in scientific and creative activities; (e) Encouraging scientists, artists and others to take part in international scientific and cultural research activities, such as symposiums, conferences, seminars and workshops; (f) Taking appropriate measures or programmes to support minorities or other communities, including migrant communities, in their efforts to preserve their culture; (g) Taking appropriate measures to remedy structural forms of discrimination so as to ensure that the underrepresentation of persons from certain communities in public life does not adversely affect their right to take part in cultural life; (h) Taking appropriate measures to create conditions conducive to a constructive intercultural relationship between individuals and groups based on mutual respect, understanding and tolerance; (i) Taking appropriate measures to conduct public campaigns through the media, educational institutions and other available channels, with a view to eliminating any form of prejudice against individuals or communities, based on their cultural identity.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-21-0053","docId":"e-c-12-gc-21","idx":53,"n":53,"text":"53. The obligation to promote requires States parties to take effective steps to ensure that there is appropriate education and public awareness concerning the right to take part in cultural life, particularly in rural and deprived urban areas, or in relation to the specific situation of, inter alia, minorities and indigenous peoples. This includes education and awareness-raising on the need to respect cultural heritage and cultural diversity.","labels":["Indigenous peoples","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-21-0054","docId":"e-c-12-gc-21","idx":54,"n":54,"text":"The obligation to fulfil requires that States parties must provide all that is necessary for fulfilment of the right to take part in cultural life when individuals or communities are unable, for reasons outside their control, to realize this right for themselves with the means at their disposal. This level of obligation includes, for example: (a) The enactment of appropriate legislation and the establishment of effective mechanisms allowing persons, individually, in association with others, or within a community or group, to participate effectively in decision-making processes, to claim protection of their right to take part in cultural life, and to claim and receive compensation if their rights have been violated; (b) Programmes aimed at preserving and restoring cultural heritage; (c) The inclusion of cultural education at every level in school curricula, including history, literature, music and the history of other cultures, in consultation with all concerned; (d) Guaranteed access for all, without discrimination on grounds of financial or any other status, to museums, libraries, cinemas and theatres and to cultural activities, services and events.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-21-0055","docId":"e-c-12-gc-21","idx":55,"n":55,"text":"In its general comment No. 3 (1990), the Committee stressed that States parties have a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights set out in the Covenant. Thus, in accordance with the Covenant and other international instruments dealing with human rights and the protection of cultural diversity, the Committee considers that article 15, paragraph 1 (a), of the Covenant entails at least the obligation to create and promote an environment within which a person individually, or in association with others, or within a community or group, can participate in the culture of their choice, which includes the following core obligations applicable with immediate effect: (a) To take legislative and any other necessary steps to guarantee non-discrimination and gender equality in the enjoyment of the right of everyone to take part in cultural life; (b) To respect the right of everyone to identify or not identify themselves with one or more communities, and the right to change their choice; (c) To respect and protect the right of everyone to engage in their own cultural practices, while respecting human rights which entails, in particular, respecting freedom of thought, belief and religion; freedom of opinion and expression; a person’s right to use the language of his or her choice; freedom of association and peaceful assembly; and freedom to choose and set up educational establishments; (d) To eliminate any barriers or obstacles that inhibit or restrict a person’s access to the person’s own culture or to other cultures, without discrimination and without consideration for frontiers of any kind; (e) To allow and encourage the participation of persons belonging to minority groups, indigenous peoples or to other communities in the design and implementation of laws and policies that affect them. In particular, States parties should obtain their free and informed prior consent when the preservation of their cultural resources, especially those associated with their way of life and cultural expression, are at risk.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","C. Core obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0056","docId":"e-c-12-gc-21","idx":56,"n":56,"text":"56. In its general comment No. 3 (1990), the Committee draws attention to the obligation of States parties to take steps, individually and through international assistance and cooperation, especially through economic and technical cooperation, with a view to achieving the full realization of the rights recognized in the Covenant. In the spirit of Article 56 of the Charter of the United Nations, as well as specific provisions of the International Covenant on Economic, Social and Cultural Rights (art. 2, para. 1, and arts. 15 and 23), States parties should recognize and promote the essential role of international cooperation in the achievement of the rights recognized in the Covenant, including the right of everyone to take part in cultural life, and should fulfil their commitment to take joint and separate action to that effect.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","D. International obligations"],"citedArticles":[{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"'Article 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'specific provisions of the International Covenant on Economic, Social and Cultural Rights (art. 2, para. 1, and arts. 15 and 23)'; ICESCR art.2 explicitly named."}]},{"id":"e-c-12-gc-21-0057","docId":"e-c-12-gc-21","idx":57,"n":57,"text":"57. States parties should, through international agreements where appropriate, ensure that the realization of the right of everyone to take part in cultural life receives due attention.[[fn:53]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":53,"text":"See general comment No. 18 (2005), para. 29."}],"section":["III. States parties’ obligations","D. International obligations"]},{"id":"e-c-12-gc-21-0058","docId":"e-c-12-gc-21","idx":58,"n":58,"text":"58. The Committee recalls that international cooperation for development and thus for the realization of economic, social and cultural rights, including the right to take part in cultural life, is an obligation of States parties, especially of those States that are in a position to provide assistance. This obligation is in accordance with Articles 55 and 56 of the Charter of the United Nations, as well as articles 2, paragraph 1, and articles 15 and 23 of the Covenant.[[fn:54]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":54,"text":"General comment No. 3 (1990), para. 14. See also general comment No. 18 (2005), para. 37."}],"section":["III. States parties’ obligations","D. International obligations"],"citedArticles":[{"article":"55","treaty":"?","confidence":"high","source":"opus","rationale":"'Articles 55 and 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Same 'Articles 55 and 56 of the Charter of the United Nations'."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'articles 2, paragraph 1, and articles 15 and 23 of the Covenant'; ICESCR."},{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Same enumeration 'articles 2, ... and articles 15 and 23 of the Covenant'; ICESCR art.15."},{"article":"23","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'articles 15 and 23 of the Covenant'; ICESCR art.23 on international action."}]},{"id":"e-c-12-gc-21-0059","docId":"e-c-12-gc-21","idx":59,"n":59,"text":"59. In negotiations with international financial institutions and in concluding bilateral agreements, States parties should ensure that the enjoyment of the right enshrined in article 15, paragraph 1 (a), of the Covenant is not impaired. For example, the strategies, programmes and policies adopted by States parties under structural adjustment programmes should not interfere with their core obligations in relation to the right of everyone, especially the most disadvantaged and marginalized individuals and groups, to take part in cultural life.[[fn:55]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":55,"text":"See general comment No. 18 (2005), para. 30."}],"section":["III. States parties’ obligations","D. International obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0060","docId":"e-c-12-gc-21","idx":60,"n":60,"text":"60. To demonstrate compliance with their general and specific obligations, States parties must show that they have taken appropriate measures to ensure the respect for and protection of cultural freedoms, as well as the necessary steps towards the full realization of the right to take part in cultural life within their maximum available resources. States parties must also show that they have guaranteed that the right is enjoyed equally and without discrimination, by men and women.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"]},{"id":"e-c-12-gc-21-0061","docId":"e-c-12-gc-21","idx":61,"n":61,"text":"61. In assessing whether States parties have complied with obligations to take action, the Committee looks at whether implementation is reasonable or proportionate with respect to the attainment of the relevant rights, complies with human rights and democratic principles, and whether it is subject to an adequate framework of monitoring and accountability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"]},{"id":"e-c-12-gc-21-0062","docId":"e-c-12-gc-21","idx":62,"n":62,"text":"62. Violations can occur through the direct action of a State party or of other entities or institutions that are insufficiently regulated by the State party, including, in particular, those in the private sector. Many violations of the right to take part in cultural life occur when States parties prevent access to cultural life, practices, goods and services by individuals or communities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"]},{"id":"e-c-12-gc-21-0063","docId":"e-c-12-gc-21","idx":63,"n":63,"text":"63. Violations of article 15, paragraph 1 (a), also occur through the omission or failure of a State party to take the necessary measures to comply with its legal obligations under this provision. Violations through omission include the failure to take appropriate steps to achieve the full realization of the right of everyone to take part in cultural life, and the failure to enforce relevant laws or to provide administrative, judicial or other appropriate remedies to enable people to exercise in full the right to take part in cultural life.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0064","docId":"e-c-12-gc-21","idx":64,"n":64,"text":"64. A violation also occurs when a State party fails to take steps to combat practices harmful to the well-being of a person or group of persons. These harmful practices, including those attributed to customs and traditions, such as female genital mutilation and allegations of the practice of witchcraft, are barriers to the full exercise by the affected persons of the right enshrined in article 15, paragraph 1 (a).","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0065","docId":"e-c-12-gc-21","idx":65,"n":65,"text":"65. Any deliberately retrogressive measures in relation to the right to take part in cultural life would require the most careful consideration and need to be fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the maximum available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"]},{"id":"e-c-12-gc-21-0066","docId":"e-c-12-gc-21","idx":66,"n":66,"text":"66. While States parties have a wide margin of discretion in selecting the steps they consider most appropriate for the full realization of the right, they must immediately take those steps intended to guarantee access by everyone, without discrimination, to cultural life.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-21-0067","docId":"e-c-12-gc-21","idx":67,"n":67,"text":"67. States parties must take the necessary steps without delay to guarantee immediately at least the minimum content of the core obligations (see paragraph 56 above). Many of these steps, such as those intended to guarantee non-discrimination de jure, do not necessarily require financial resources. While there may be other steps that require resources, these steps are nevertheless essential to ensure the implementation of that minimum content. Such steps are not static, and States parties are obliged to advance progressively towards the full realization of the rights recognized in the Covenant and, as far as the present general comment is concerned, of the right enshrined in article 15, paragraph 1 (a).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","A. Legislation, strategies and policies"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0068","docId":"e-c-12-gc-21","idx":68,"n":68,"text":"68. The Committee encourages States parties to make the greatest possible use of the valuable cultural resources that every society possesses and to bring them within the reach of everyone, paying particular attention to the most disadvantaged and marginalized individuals and groups, in order to ensure that everyone has effective access to cultural life.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-21-0069","docId":"e-c-12-gc-21","idx":69,"n":69,"text":"69. The Committee emphasizes that inclusive cultural empowerment derived from the right of everyone to take part in cultural life is a tool for reducing the disparities so that everyone can enjoy, on an equal footing, the values of his or her own culture within a democratic society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-21-0070","docId":"e-c-12-gc-21","idx":70,"n":70,"text":"70. States parties, in implementing the right enshrined in article 15, paragraph 1 (a), of the Covenant, should go beyond the material aspects of culture (such as museums, libraries, theatres, cinemas, monuments and heritage sites) and adopt policies, programmes and proactive measures that also promote effective access by all to intangible cultural goods (such as language, knowledge and traditions).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","A. Legislation, strategies and policies"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0071","docId":"e-c-12-gc-21","idx":71,"n":71,"text":"71. In their national strategies and policies, States parties should identify appropriate indicators and benchmarks, including disaggregated statistics and time frames that allow them to monitor effectively the implementation of the right of everyone to take part in cultural life, and also to assess progress towards the full realization of this right.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","B. Indicators and benchmarks"]},{"id":"e-c-12-gc-21-0072","docId":"e-c-12-gc-21","idx":72,"n":72,"text":"72. The strategies and policies adopted by States parties should provide for the establishment of effective mechanisms and institutions, where these do not exist, to investigate and examine alleged infringements of article 15, paragraph 1 (a), identify responsibilities, publicize the results and offer the necessary administrative, judicial or other remedies to compensate victims.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","C. Remedies and accountability"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0073","docId":"e-c-12-gc-21","idx":73,"n":73,"text":"73. While compliance with the Covenant is mainly the responsibility of States parties, all members of civil society — individuals, groups, communities, minorities, indigenous peoples, religious bodies, private organizations, business and civil society in general — also have responsibilities in relation to the effective implementation of the right of everyone to take part in cultural life. States parties should regulate the responsibility incumbent upon the corporate sector and other non-State actors with regard to the respect for this right.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["VI. Obligations of actors other than States"]},{"id":"e-c-12-gc-21-0074","docId":"e-c-12-gc-21","idx":74,"n":74,"text":"74. Communities and cultural associations play a fundamental role in the promotion of the right of everyone to take part in cultural life at the local and national levels, and in cooperating with States parties in the implementation of their obligations under article 15, paragraph 1 (a).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["VI. Obligations of actors other than States"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0075","docId":"e-c-12-gc-21","idx":75,"n":75,"text":"75. The Committee notes that, as members of international organizations such as United Nations Educational, Scientific and Cultural Organization (UNESCO), the World Intellectual Property Organization (WIPO), the International Labour Organization (ILO), the Food and Agriculture Organization of the United Nations (FAO), the World Health Organization (WHO) and the World Trade Organization (WTO), States parties have an obligation to adopt whatever measures they can to ensure that the policies and decisions of those organizations in the field of culture and related areas are in conformity with their obligations under the Covenant, in particular the obligations contained in article 15 article 2, paragraph 1, and articles 22 and 23, concerning international assistance and cooperation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["VI. Obligations of actors other than States"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-c-12-gc-21-0076","docId":"e-c-12-gc-21","idx":76,"n":76,"text":"76. United Nations organs and specialized agencies, should, within their fields of competence and in accordance with articles 22 and 23 of the Covenant, adopt international measures likely to contribute to the progressive implementation of article 15, paragraph 1 (a). In particular, UNESCO, WIPO, ILO, FAO, WHO and other relevant agencies, funds and programmes of the United Nations are called upon to intensify their efforts to take into account human rights principles and obligations in their work concerning the right of everyone to take part in cultural life, in cooperation with the Office of the United Nations High Commissioner for Human Rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["VI. Obligations of actors other than States"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-22-0001","docId":"e-c-12-gc-22","idx":1,"n":1,"text":"1. The right to sexual and reproductive health is an integral part of the right to health enshrined in article 12 of the International Covenant on Economic, Social and Cultural Rights.[[fn:1]] It is also reflected in other international human rights instruments.[[fn:2]] The adoption of the Programme of Action of the International Conference on Population and Development in 1994 further highlighted reproductive and sexual health issues within the human rights framework.[[fn:3]] Since then, international and regional human rights standards and jurisprudence related to the right to sexual and reproductive health have considerably evolved. Most recently, the 2030 Agenda for Sustainable Development includes goals and targets to be achieved in the area of sexual and reproductive health.[[fn:4]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"],"footnotes":[{"n":1,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14 (2000) on the right to the highest attainable standard of health, paras. 2, 8, 11, 16, 21, 23, 34 and 36."},{"n":2,"text":"See Convention on the Elimination of All Forms of Discrimination against Women, art. 12; Convention on the Rights of the Child, arts. 17, 23-25 and 27; and Convention on the Rights of Persons with Disabilities, arts. 23 and 25. See also Committee on the Elimination of Discrimination against Women general recommendation No. 24 (1999) on women and health, paras 11, 14, 18, 23, 26, 29, 31 (b); and Committee on the Rights of the Child general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health."},{"n":3,"text":"Report of the International Conference on Population and Development, Cairo 5-13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex. The Programme of Action is based on 15 principles. Principle 1 states that “All human beings are born free and equal in dignity and rights”."},{"n":4,"text":"United Nations, Transforming our World: the 2030 Agenda for Sustainable Development, adopted by the General Assembly in September 2015. Goal 3 of the 2030 Agenda is “Ensure healthy lives and promote well-being for all at all ages”, and Goal 5 is “Achieve gender equality and empower all women and girls”."}],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-22-0002","docId":"e-c-12-gc-22","idx":2,"n":2,"text":"2. Due to numerous legal, procedural, practical and social barriers, access to the full range of sexual and reproductive health facilities, services, goods and information is seriously restricted. In fact, the full enjoyment of the right to sexual and reproductive health remains a distant goal for millions of people, especially for women and girls, throughout the world. Certain individuals and population groups that experience multiple and intersecting forms of discrimination that exacerbate exclusion in both law and practice, such as lesbian, gay, bisexual, transgender and intersex persons[[fn:5]] and persons with disabilities, the full enjoyment of the right to sexual and reproductive health is further restricted.","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"],"footnotes":[{"n":5,"text":"For the purpose of the present general comment, references to lesbian, gay, bisexual, transgender and intersex persons include other persons who face violations of their rights on the basis of their actual or perceived sexual orientation, gender identity and sex characteristics, including those who may identify with other terms. For intersex persons, see fact sheet available from https://unfe.org/system/unfe-65-Intersex_Factsheet_ENGLISH.pdf."}]},{"id":"e-c-12-gc-22-0003","docId":"e-c-12-gc-22","idx":3,"n":3,"text":"3. The present general comment is aimed at assisting State parties in their implementation of the Covenant and fulfilling their reporting obligations thereunder. It concerns primarily the obligation of States parties to ensure every individual’s enjoyment of the right to sexual and reproductive health, as required under article 12, but is also related to other provisions of the Covenant.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-22-0004","docId":"e-c-12-gc-22","idx":4,"n":4,"text":"4. In its general comment No. 14 (2000) on the right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), the Committee has already addressed in part the issue of sexual and reproductive health. Considering the continuing grave violations of this right, however, the Committee is of the view that the issue deserves a separate general comment.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-22-0005","docId":"e-c-12-gc-22","idx":5,"n":5,"text":"5. The right to sexual and reproductive health entails a set of freedoms and entitlements. The freedoms include the right to make free and responsible decisions and choices, free of violence, coercion and discrimination, regarding matters concerning one’s body and sexual and reproductive health. The entitlements include unhindered access to a whole range of health facilities, goods, services and information, which ensure all people full enjoyment of the right to sexual and reproductive health under article 12 of the Covenant.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-22-0006","docId":"e-c-12-gc-22","idx":6,"n":6,"text":"6. Sexual health and reproductive health are distinct from, but closely linked, to each other. Sexual health, as defined by the World Health Organization (WHO), is “a state of physical, emotional, mental and social well-being in relation to sexuality”.[[fn:6]] Reproductive health, as described in the Programme of Action of the International Conference on Population and Development, concerns the capability to reproduce and the freedom to make informed, free and responsible decisions. It also includes access to a range of reproductive health information, goods, facilities and services to enable individuals to make informed, free and responsible decisions about their reproductive behaviour.[[fn:7]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context"],"footnotes":[{"n":6,"text":"See WHO, Sexual Health, Human Rights and the Law (2015), working definition on sexual health, sect. 1.1."},{"n":7,"text":"See Programme of Action of the International Conference on Population and Development, chap. 7."}]},{"id":"e-c-12-gc-22-0007","docId":"e-c-12-gc-22","idx":7,"n":7,"text":"7. In its general comment No. 14, the Committee stated that the right to the highest attainable standard of health not only included the absence of disease and infirmity and the right to the provision of preventive, curative and palliative health care, but also extended to the underlying determinants of health. The same is applicable to the right to sexual and reproductive health. It extends beyond sexual and reproductive health care to the underlying determinants of sexual and reproductive health, including access to safe and potable water, adequate sanitation, adequate food and nutrition, adequate housing, safe and healthy working conditions and environment, health-related education and information, and effective protection from all forms of violence, torture and discrimination and other human rights violations that have a negative impact on the right to sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context","Underlying and social determinants"]},{"id":"e-c-12-gc-22-0008","docId":"e-c-12-gc-22","idx":8,"n":8,"text":"8. Further, the right to sexual and reproductive health is also deeply affected by “social determinants of health”, as defined by WHO.[[fn:8]] In all countries, patterns of sexual and reproductive health generally reflect social inequalities in society and unequal distribution of power based on gender, ethnic origin, age, disability and other factors. Poverty, income inequality, systemic discrimination and marginalization based on grounds identified by the Committee are all social determinants of sexual and reproductive health, which also have an impact on the enjoyment of an array of other rights as well.[[fn:9]] The nature of these social determinants, which are often expressed in laws and policies, limits the choices that individuals can exercise with respect to their sexual and reproductive health. Therefore, to realize the right to sexual and reproductive health, States parties must address the social determinants as manifested in laws, institutional arrangements and social practices that prevent individuals from effectively enjoying in practice their sexual and reproductive health.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context","Underlying and social determinants"],"footnotes":[{"n":8,"text":"WHO Commission on Social Determinants of Health, Closing the Gap in a Generation: Health Equity through Action on the Social Determinants of Health – Final Report of the Commission on Social Determinants of Health (2008)."},{"n":9,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights."}]},{"id":"e-c-12-gc-22-0009","docId":"e-c-12-gc-22","idx":9,"n":9,"text":"9. The realization of the right to sexual and reproductive health requires that States parties also meet their obligations under other provisions of the Covenant. For example, the right to sexual and reproductive health, combined with the right to education (articles 13 and 14) and the right to non-discrimination and equality between men and women (articles 2 (2) and 3), entails a right to education on sexuality and reproduction that is comprehensive, non-discriminatory, evidence-based, scientifically accurate and age appropriate.[[fn:10]] The right to sexual and reproductive health, combined with the right to work (article 6) and just and favourable working conditions (article 7), as well as the right to nondiscrimination and equality between men and women, also requires States to ensure employment with maternity protection and parental leave for workers, including workers in vulnerable situations, such as migrant workers or women with disabilities, as well as protection from sexual harassment in the workplace and prohibition of discrimination based on pregnancy, childbirth, parenthood,[[fn:11]] sexual orientation, gender identity or intersex status.","labels":["Migrants","Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context","Interdependence with other human rights"],"footnotes":[{"n":10,"text":"A/65/162."},{"n":11,"text":"See Convention on the Elimination of All Forms of Discrimination against Women, art. 11 (1) (f) and 11 (2)."}],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-22-0010","docId":"e-c-12-gc-22","idx":10,"n":10,"text":"10. The right to sexual and reproductive health is also indivisible from and interdependent with other human rights. It is intimately linked to civil and political rights underpinning the physical and mental integrity of individuals and their autonomy, such as the rights to life; liberty and security of person; freedom from torture and other cruel, inhuman or degrading treatment; privacy and respect for family life; and non-discrimination and equality. For example, lack of emergency obstetric care services or denial of abortion often leads to maternal mortality and morbidity, which in turn constitutes a violation of the right to life or security, and in certain circumstances can amount to torture or cruel, inhuman or degrading treatment.[[fn:12]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context","Interdependence with other human rights"],"footnotes":[{"n":12,"text":"See Human Rights Committee Communication No. 1153/2003, Karen Noelia Llantoy Huamán v. Peru, views adopted on 24 October 2005; Committee on the Elimination of Discrimination against Women communication No. 17/2008, Alyne da Silva Pimentel v. Brazil, views adopted on 25 July 2011; CAT/C/SLV/CO/2, para. 23; and CAT/C/NIC/CO/1, para. 16."}]},{"id":"e-c-12-gc-22-0011","docId":"e-c-12-gc-22","idx":11,"n":11,"text":"11. The right to sexual and reproductive health is an integral part of the right of everyone to the highest attainable physical and mental health. Following the elaboration in the Committee’s general comment No. 14, comprehensive sexual and reproductive health care contains the four interrelated and essential elements described below.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health"],"footnotes":[{"n":13,"text":"In paragraph 12 of general comment No. 14, the Committee defined normative elements of state obligations to guarantee the right to health. These standards also apply to the underlying determinants, or the preconditions of health, including access to sexuality education and sexual and reproductive health information. See also Committee on the Rights of the Child general comment No. 15, which applied those norms to adolescents. States parties should provide health services that are sensitive to the particular needs and human rights of all adolescents."}]},{"id":"e-c-12-gc-22-0012","docId":"e-c-12-gc-22","idx":12,"n":12,"text":"An adequate number of functioning health-care facilities, services, goods and programmes should be available to provide the population with the fullest possible range of sexual and reproductive health care. This includes ensuring the availability of facilities, goods and services for the guarantee of the underlying determinants of the realization of the right to sexual and reproductive health, such as safe and potable drinking water and adequate sanitation facilities, hospitals and clinics.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Availability"]},{"id":"e-c-12-gc-22-0013","docId":"e-c-12-gc-22","idx":13,"n":13,"text":"13. Ensuring the availability of trained medical and professional personnel and skilled providers who are trained to perform the full range of sexual and reproductive healthcare services is a critical component of ensuring availability.[[fn:14]] Essential medicines should also be available, including a wide range of contraceptive methods, such as condoms and emergency contraception, medicines for abortion and for post-abortion care, and medicines, including generic medicines, for the prevention and treatment of sexually transmitted infections and HIV.[[fn:15]]","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Availability"],"footnotes":[{"n":14,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14, para. 12 (a); and A/HRC/21/22 and Corr.1 and 2, para. 20."},{"n":15,"text":"Essential medicines are defined by WHO as “those that satisfy the priority health care needs of the population” and that “are intended to be available within the context of functioning health systems at all times in adequate amounts, in the appropriate dosage forms, with assured quality, and at a price the individual and community can afford”. See Committee on Economic, Social and Cultural Rights general comment No. 14; and WHO, Model List of Essential Medicines, 19th ed. (2015)."}]},{"id":"e-c-12-gc-22-0014","docId":"e-c-12-gc-22","idx":14,"n":14,"text":"14. Unavailability of goods and services due to ideologically based policies or practices, such as the refusal to provide services based on conscience, must not be a barrier to accessing services. An adequate number of healthcare providers willing and able to provide such services should be available at all times in both public and private facilities and within reasonable geographical reach.[[fn:16]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Availability"],"footnotes":[{"n":16,"text":"International Planned Parenthood Federation – European Network v. Italy, complaint No. 87/2012 (2014), resolution adopted by the Committee of Ministers of the Council of Europe on 30 April 2014."}]},{"id":"e-c-12-gc-22-0015","docId":"e-c-12-gc-22","idx":15,"n":15,"text":"15. Health facilities, goods, information and services related to sexual and reproductive health care[[fn:17]] should be accessible to all individuals and groups without discrimination and free from barriers. As elaborated in the Committee’s general comment No. 14, accessibility includes physical accessibility, affordability and information accessibility.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Accessibility"],"footnotes":[{"n":17,"text":"Reference in the present document to health facilities, goods and services includes the underlying determinants."}]},{"id":"e-c-12-gc-22-0016","docId":"e-c-12-gc-22","idx":16,"n":16,"text":"16. Health facilities, goods, information and services related to sexual and reproductive health care must be available within safe physical and geographical reach for all, so that persons in need can receive timely services and information. Physical accessibility should be ensured for all, especially persons belonging to disadvantaged and marginalized groups, including, but not limited to, persons living in rural and remote areas, persons with disabilities, refugees and internally displaced persons, stateless persons and persons in detention. When dispensing sexual and reproductive services to remote areas is impracticable, substantive equality calls for positive measures to ensure that persons in need have communication and transportation to such services.","labels":["Refugees & asylum-seekers","Persons living in rural/remote areas","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Accessibility"]},{"id":"e-c-12-gc-22-0017","docId":"e-c-12-gc-22","idx":17,"n":17,"text":"17. Publicly or privately provided sexual and reproductive health services must be affordable for all. Essential goods and services, including those related to the underlying determinants of sexual and reproductive health, must be provided at no cost or based on the principle of equality to ensure that individuals and families are not disproportionately burdened with health expenses. People without sufficient means should be provided with the support necessary to cover the costs of health insurance and access to health facilities providing sexual and reproductive health information, goods and services.[[fn:18]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Accessibility"],"footnotes":[{"n":18,"text":"See, generally, Committee on Economic, Social and Cultural Rights general comment No. 14, para. 19."}]},{"id":"e-c-12-gc-22-0018","docId":"e-c-12-gc-22","idx":18,"n":18,"text":"18. Information accessibility includes the right to seek, receive and disseminate information and ideas concerning sexual and reproductive health issues generally, and also for individuals to receive specific information on their particular health status. All individuals and groups, including adolescents and youth, have the right to evidence-based information on all aspects of sexual and reproductive health, including maternal health, contraceptives, family planning, sexually transmitted infections, HIV prevention, safe abortion and postabortion care, infertility and fertility options, and reproductive cancer.","labels":["Adolescents","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Accessibility"]},{"id":"e-c-12-gc-22-0019","docId":"e-c-12-gc-22","idx":19,"n":19,"text":"19. Such information must be provided in a manner consistent with the needs of the individual and the community, taking into consideration, for example, age, gender, language ability, educational level, disability, sexual orientation, gender identity and intersex status.[[fn:19]] Information accessibility should not impair the right to have personal health data and information treated with privacy and confidentiality.","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Accessibility"],"footnotes":[{"n":19,"text":"Council of Europe Commissioner for Human Rights, “Human rights and intersex people”, issue paper (2015)."}]},{"id":"e-c-12-gc-22-0020","docId":"e-c-12-gc-22","idx":20,"n":20,"text":"20. All facilities, goods, information and services related to sexual and reproductive health must be respectful of the culture of individuals, minorities, peoples and communities and sensitive to gender, age, disability, sexual diversity and life-cycle requirements. However, this cannot be used to justify the refusal to provide tailored facilities, goods, information and services to specific groups.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Acceptability"]},{"id":"e-c-12-gc-22-0021","docId":"e-c-12-gc-22","idx":21,"n":21,"text":"21. Facilities, goods, information and services related to sexual and reproductive health must be of good quality, meaning that they are evidence-based and scientifically and medically appropriate and up-to-date. This requires trained and skilled healthcare personnel and scientifically approved and unexpired drugs and equipment. The failure or refusal to incorporate technological advances and innovations in the provision of sexual and reproductive health services, such as medication for abortion,[[fn:20]] assisted reproductive technologies and advances in the treatment of HIV and AIDS, jeopardizes the quality of care.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":20,"text":"WHO, Safe Abortion: Technical and Policy Guidance for Health Systems, 2nd ed. (2012)."}],"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Quality"]},{"id":"e-c-12-gc-22-0022","docId":"e-c-12-gc-22","idx":22,"n":22,"text":"22. Article 2 (2) of the Covenant provides that all individuals and groups shall not be discriminated against and shall enjoy equal rights. All individuals and groups should be able to enjoy equal access to the same range, quality and standard of sexual and reproductive health facilities, information, goods and services, and to exercise their rights to sexual and reproductive health without experiencing any discrimination.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Non-discrimination and equality"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-22-0023","docId":"e-c-12-gc-22","idx":23,"n":23,"text":"23. Non-discrimination, in the context of the right to sexual and reproductive health, also encompasses the right of all persons, including lesbian, gay, bisexual, transgender and intersex persons, to be fully respected for their sexual orientation, gender identity and intersex status. Criminalization of sex between consenting adults of the same gender or the expression of one’s gender identity is a clear violation of human rights. Likewise, regulations requiring that lesbian, gay, bisexual transgender and intersex persons be treated as mental or psychiatric patients, or requiring that they be “cured” by so-called “treatment”, are a clear violation of their right to sexual and reproductive health. State parties also have an obligation to combat homophobia and transphobia, which lead to discrimination, including violation of the right to sexual and reproductive health.","labels":["Women/girls","LGBTI+","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Non-discrimination and equality"]},{"id":"e-c-12-gc-22-0024","docId":"e-c-12-gc-22","idx":24,"n":24,"text":"24. Non-discrimination and equality require not only legal and formal equality but also substantive equality. Substantive equality requires that the distinct sexual and reproductive health needs of particular groups, as well as any barriers that particular groups may face, be addressed. The sexual and reproductive health needs of particular groups should be given tailored attention. For example, persons with disabilities should be able to enjoy not only the same range and quality of sexual and reproductive health services but also those services which they would need specifically because of their disabilities.[[fn:21]] Further, reasonable accommodation must be made to enable persons with disabilities to fully access sexual and reproductive health services on an equal basis, such as physically accessible facilities, information in accessible formats and decision-making support, and States should ensure that care is provided in a respectful and dignified manner that does not exacerbate marginalization.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":21,"text":"See Convention on the Rights of Persons with Disabilities, art. 25."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Non-discrimination and equality"]},{"id":"e-c-12-gc-22-0025","docId":"e-c-12-gc-22","idx":25,"n":25,"text":"25. Due to women’s reproductive capacities, the realization of the right of women to sexual and reproductive health is essential to the realization of the full range of their human rights. The right of women to sexual and reproductive health is indispensable to their autonomy and their right to make meaningful decisions about their lives and health. Gender equality requires that the health needs of women, different from those of men, be taken into account and appropriate services provided for women in accordance with their life cycles.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Equality between women and men, and gender perspective"]},{"id":"e-c-12-gc-22-0026","docId":"e-c-12-gc-22","idx":26,"n":26,"text":"26. The experiences of women of systemic discrimination and violence throughout their lives require comprehensive understanding of the concept of gender equality in the right to sexual and reproductive health. Non-discrimination on the basis of sex, as guaranteed in article 2 (2) of the Covenant, and the equality of women, as guaranteed in article 3, require the removal of not only direct discrimination but also indirect discrimination, and the ensuring of formal as well as substantive equality.[[fn:22]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":22,"text":"Committee on Economic, Social and Cultural Rights general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Equality between women and men, and gender perspective"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-22-0027","docId":"e-c-12-gc-22","idx":27,"n":27,"text":"27. Seemingly neutral laws, policies and practices can perpetuate already existing gender inequalities and discrimination against women. Substantive equality requires that laws, policies and practices do not maintain, but rather alleviate, the inherent disadvantage that women experience in exercising their right to sexual and reproductive health. Genderbased stereotypes, assumptions and expectations related to women being the subordinates of men and their role being solely as caregivers and mothers, in particular, are obstacles to substantive gender equality, including the equal right to sexual and reproductive health, and need to be modified or eliminated, as does the role of men solely as heads of household and breadwinners.[[fn:23]] At the same time, special measures, both temporary and permanent, are necessary to accelerate the de facto equality of women and to protect maternity.[[fn:24]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":23,"text":"See Convention on the Elimination of All Forms of Discrimination against Women, art. 5."},{"n":24,"text":"Article 4 (1) of the Convention on the Elimination of All Forms of Discrimination against Women is concerned with “temporary special measures aimed at accelerating de facto equality between men and women”, while article 4 (2) focuses on “special measures… aimed at protecting maternity”. See also Committee on Economic, Social and Cultural Rights general comment No. 16, para. 15."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Equality between women and men, and gender perspective"]},{"id":"e-c-12-gc-22-0028","docId":"e-c-12-gc-22","idx":28,"n":28,"text":"28. The realization of the rights of women and gender equality, both in law and in practice, requires repealing or reforming discriminatory laws, policies and practices in the area of sexual and reproductive health. Removal of all barriers interfering with access by women to comprehensive sexual and reproductive health services, goods, education and information is required. To lower rates of maternal mortality and morbidity requires emergency obstetric care and skilled birth attendance, including in rural and remote areas, and prevention of unsafe abortions. Preventing unintended pregnancies and unsafe abortions requires States to adopt legal and policy measures to guarantee all individuals access to affordable, safe and effective contraceptives and comprehensive sexuality education, including for adolescents; to liberalize restrictive abortion laws; to guarantee women and girls access to safe abortion services and quality post-abortion care, including by training healthcare providers; and to respect the right of women to make autonomous decisions about their sexual and reproductive health.[[fn:25]]","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":25,"text":"A/69/62; see also WHO, Safe Abortion: Technical and Policy Guidance for Health Systems, 2nd ed. (2012)."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Equality between women and men, and gender perspective"]},{"id":"e-c-12-gc-22-0029","docId":"e-c-12-gc-22","idx":29,"n":29,"text":"29. It is also important to undertake preventive, promotional and remedial action to shield all individuals from the harmful practices and norms and gender-based violence that deny them their full sexual and reproductive health, such as female genital mutilation, child and forced marriage and domestic and sexual violence, including marital rape, among other things. States parties must put in place laws, policies and programmes to prevent, address and remediate violations of the right of all individuals to autonomous decision-making on matters regarding their sexual and reproductive health, free from violence, coercion and discrimination.","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Equality between women and men, and gender perspective"]},{"id":"e-c-12-gc-22-0030","docId":"e-c-12-gc-22","idx":30,"n":30,"text":"30. Individuals belonging to particular groups may be disproportionately affected by intersectional discrimination in the context of sexual and reproductive health. As identified by the Committee,[[fn:26]] groups such as, but not limited to, poor women, persons with disabilities, migrants, indigenous or other ethnic minorities, adolescents, lesbian, gay, bisexual, transgender and intersex persons, and people living with HIV/AIDS are more likely to experience multiple discrimination. Trafficked and sexually exploited women, girls and boys are subject to violence, coercion and discrimination in their everyday lives, with their sexual and reproductive health at great risk. Also, women and girls living in conflict situations are disproportionately exposed to a high risk of violation of their rights, including through systematic rape, sexual slavery, forced pregnancy and forced sterilization.[[fn:27]] Measures to guarantee non-discrimination and substantive equality should be cognizant of and seek to overcome the often exacerbated impact that intersectional discrimination has on the realization of the right to sexual and reproductive health.","labels":["Indigenous peoples","Women/girls","Children","LGBTI+","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":26,"text":"Including groups that are discriminated against on the grounds of race and colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including ethnicity, age, nationality, marital and family status, disability, sexual orientation and gender identity, intersex status, health status, place of residence, economic and social situation or other status, and those facing multiple forms of discrimination. See Committee on Economic, Social and Cultural Rights general comment No. 20."},{"n":27,"text":"See Vienna Declaration and Programme of Action of 1993 (A/CONF.157/23), para. 38; and Beijing Declaration and Platform for Action of 1995 (A/CONF.177/20), para. 135."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Intersectionality and multiple discrimination"]},{"id":"e-c-12-gc-22-0031","docId":"e-c-12-gc-22","idx":31,"n":31,"text":"31. Laws, policies and programmes, including temporary special measures, are required to prevent and eliminate discrimination, stigmatization and negative stereotyping that hinder access to sexual and reproductive health. Prisoners, refugees, stateless persons, asylum seekers and undocumented migrants, given their additional vulnerability by condition of their detention or legal status, are also groups with specific needs that require the State to take particular steps to ensure their access to sexual and reproductive information, goods and health care. States must ensure that individuals are not subject to harassment for exercising their right to sexual and reproductive health. Eliminating systemic discrimination will also frequently require devoting greater resources to traditionally neglected groups[[fn:28]] and ensuring that anti-discrimination laws and policies are implemented in practice by officials and others.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":28,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 20, para. 39."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Intersectionality and multiple discrimination"]},{"id":"e-c-12-gc-22-0032","docId":"e-c-12-gc-22","idx":32,"n":32,"text":"32. States parties should take measures to fully protect persons working in the sex industry against all forms of violence, coercion and discrimination. They should ensure that such persons have access to the full range of sexual and reproductive healthcare services.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Intersectionality and multiple discrimination"]},{"id":"e-c-12-gc-22-0033","docId":"e-c-12-gc-22","idx":33,"n":33,"text":"33. As prescribed by article 2 (1) of the Covenant, States parties must take steps, to the maximum of their available resources, with a view to achieving progressively the full realization of the right to sexual and reproductive health. States parties must move as expeditiously and effectively as possible towards the full realization of the highest attainable standard of sexual and reproductive health. This means that, while full realization of the goal may be achieved progressively, steps towards it must be taken immediately or within a reasonably short period of time. Such steps should be deliberate, concrete and targeted, using all appropriate means, particularly including, but not limited to, the adoption of legislative and budgetary measures.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","A. General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-22-0034","docId":"e-c-12-gc-22","idx":34,"n":34,"text":"34. States parties are under immediate obligation to eliminate discrimination against individuals and groups and to guarantee their equal right to sexual and reproductive health. This requires States to repeal or reform laws and policies that nullify or impair the ability of certain individuals and groups to realize their right to sexual and reproductive health. There exists a wide range of laws, policies and practices that undermine autonomy and right to equality and non-discrimination in the full enjoyment of the right to sexual and reproductive health, for example criminalization of abortion or restrictive abortion laws. States parties should also ensure that all individuals and groups have equal access to the full range of sexual and reproductive health information, goods and services, including by removing all barriers that particular groups may face.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","A. General legal obligations"]},{"id":"e-c-12-gc-22-0035","docId":"e-c-12-gc-22","idx":35,"n":35,"text":"35. States must adopt the measures necessary to eliminate conditions and combat attitudes that perpetuate inequality and discrimination, particularly on the basis of gender, in order to enable all individuals and groups to enjoy sexual and reproductive health on the basis of equality.[[fn:29]] States must recognize, and take measures to rectify, entrenched social norms and power structures that impair the equal exercise of that right, such as gender roles, which have an impact on the social determinants of health. Such measures must address and eliminate discriminatory stereotypes, assumptions and norms concerning sexuality and reproduction that underlie restrictive laws and undermine the realization of sexual and reproductive health.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":29,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 16, paras. 6-9."}],"section":["IV. Obligations of States parties","A. General legal obligations"]},{"id":"e-c-12-gc-22-0036","docId":"e-c-12-gc-22","idx":36,"n":36,"text":"As needed, States should implement temporary special measures to overcome long-standing discrimination and entrenched stereotypes against certain groups and to eradicate conditions that perpetuate discrimination. States should focus on ensuring that all individuals and groups effectively enjoy their right to sexual and reproductive health on a substantively equal basis.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","A. General legal obligations"]},{"id":"e-c-12-gc-22-0037","docId":"e-c-12-gc-22","idx":37,"n":37,"text":"37. A State party has the duty to establish that it has obtained the maximum available resources, including those made available through international assistance and cooperation, with a view to complying with its obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","A. General legal obligations"]},{"id":"e-c-12-gc-22-0038","docId":"e-c-12-gc-22","idx":38,"n":38,"text":"38. Retrogressive measures should be avoided and, if such measures are applied, the State party has the burden of proving their necessity. [[fn:30]] This applies equally in the context of sexual and reproductive health. Examples of retrogressive measures include the removal of sexual and reproductive health medications from national drug registries; laws or policies revoking public health funding for sexual and reproductive health services; imposition of barriers to information, goods and services relating to sexual and reproductive health; enacting laws criminalizing certain sexual and reproductive health conduct and decisions; and legal and policy changes that reduce oversight by States of the obligation of private actors to respect the right of individuals to access sexual and reproductive health services. In the extreme circumstances under which retrogressive measures may be inevitable, States must ensure that such measures are only temporary, do not disproportionately affect disadvantaged and marginalized individuals and groups, and are not applied in an otherwise discriminatory manner.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":30,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14, para. 32."}],"section":["IV. Obligations of States parties","A. General legal obligations"]},{"id":"e-c-12-gc-22-0039","docId":"e-c-12-gc-22","idx":39,"n":39,"text":"39. States parties have an obligation to respect, protect and fulfil the right of everyone to sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","B. Specific legal obligations"]},{"id":"e-c-12-gc-22-0040","docId":"e-c-12-gc-22","idx":40,"n":40,"text":"40. The obligation to respect requires States to refrain from directly or indirectly interfering with the exercise by individuals of the right to sexual and reproductive health. States must not limit or deny anyone access to sexual and reproductive health, including through laws criminalizing sexual and reproductive health services and information, while confidentiality of health data should be maintained. States must reform laws that impede the exercise of the right to sexual and reproductive health. Examples include laws criminalizing abortion, non-disclosure of HIV status, exposure to and transmission of HIV, consensual sexual activities between adults, and transgender identity or expression.[[fn:31]]","labels":["LGBTI+","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":31,"text":"See e.g. E/C.12/1/Add.105 and Corr.1, para. 53; Committee on the Elimination of Discrimination against Women general recommendation No. 24, paras. 24 and 31 (c); A/66/254; and A/HRC/14/20."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to respect"]},{"id":"e-c-12-gc-22-0041","docId":"e-c-12-gc-22","idx":41,"n":41,"text":"41. The obligation to respect also requires States to repeal, and refrain from enacting, laws and policies that create barriers in access to sexual and reproductive health services. This includes third-party authorization requirements, such as parental, spousal and judicial authorization requirements for access to sexual and reproductive health services and information, including for abortion and contraception; biased counselling and mandatory waiting periods for divorce, remarriage or access to abortion services; mandatory HIV testing; and the exclusion of particular sexual and reproductive health services from public funding or foreign assistance funds. The dissemination of misinformation and the imposition of restrictions on the right of individuals to access information about sexual and reproductive health also violates the duty to respect human rights. National and donor States must refrain from censoring, withholding, misrepresenting or criminalizing the provision of information on sexual and reproductive health,[[fn:32]] both to the public and to individuals. Such restrictions impede access to information and services, and can fuel stigma and discrimination.[[fn:33]]","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":32,"text":"Committee on Economic, Social and Cultural Rights general comment No. 14; and Committee on the Rights of the Child general comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child."},{"n":33,"text":"Amnesty International, Left Without a Choice: Barriers to Reproductive Health in Indonesia (2010)."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to respect"]},{"id":"e-c-12-gc-22-0042","docId":"e-c-12-gc-22","idx":42,"n":42,"text":"42. The obligation to protect requires States to take measures to prevent third parties from directly or indirectly interfering with the enjoyment of the right to sexual and reproductive health. The duty to protect requires States to put in place and implement laws and policies prohibiting conduct by third parties that causes harm to physical and mental integrity or undermines the full enjoyment of the right to sexual and reproductive health, including the conduct of private healthcare facilities, insurance and pharmaceutical companies, and manufacturers of health-related goods and equipment. This includes the prohibition of violence and discriminatory practices, such as the exclusion of particular individuals or groups from the provision of sexual and reproductive health services.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to protect"]},{"id":"e-c-12-gc-22-0043","docId":"e-c-12-gc-22","idx":43,"n":43,"text":"43. States must prohibit and prevent private actors from imposing practical or procedural barriers to health services, such as physical obstruction of facilities, dissemination of misinformation, informal fees and third-party authorization requirements. Where healthcare providers are allowed to invoke conscientious objection, States must appropriately regulate this practice to ensure that it does not inhibit anyone’s access to sexual and reproductive health care, including by requiring referrals to an accessible provider capable of and willing to provide the services being sought, and that it does not inhibit the performance of services in urgent or emergency situations.[[fn:34]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":34,"text":"See E/C.12/POL/CO/5, para. 28; A/66/254, paras. 24 and 65 (m); and Committee on the Elimination of Discrimination against Women general recommendation No. 24, para. 11."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to protect"]},{"id":"e-c-12-gc-22-0044","docId":"e-c-12-gc-22","idx":44,"n":44,"text":"44. States are obliged to ensure that adolescents have full access to appropriate information on sexual and reproductive health, including family planning and contraceptives, the dangers of early pregnancy and the prevention and treatment of sexually transmitted diseases, including HIV/AIDS, regardless of their marital status and whether their parents or guardians consent, with respect for their privacy and confidentiality.[[fn:35]]","labels":["Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":35,"text":"See Committee on the Rights of the Child general comment No. 4, paras. 28 and 33."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to protect"]},{"id":"e-c-12-gc-22-0045","docId":"e-c-12-gc-22","idx":45,"n":45,"text":"45. The obligation to fulfil requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures to ensure the full realization of the right to sexual and reproductive health.[[fn:36]] States should aim to ensure universal access without discrimination for all individuals, including those from disadvantaged and marginalized groups, to a full range of quality sexual and reproductive health care, including maternal health care; contraceptive information and services; safe abortion care; and prevention, diagnosis and treatment of infertility, reproductive cancers, sexually transmitted infections and HIV/AIDS, including with generic medicines. States must guarantee physical and mental health care for survivors of sexual and domestic violence in all situations, including access to post-exposure prevention, emergency contraception and safe abortion services.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":36,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14, paras. 33 and 36-37."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-22-0046","docId":"e-c-12-gc-22","idx":46,"n":46,"text":"46. The obligation to fulfil also requires States to take measures to eradicate practical barriers to the full realization of the right to sexual and reproductive health, such as disproportionate costs and lack of physical or geographical access to sexual and reproductive health care. States must ensure that healthcare providers are adequately trained on the provision of quality and respectful sexual and reproductive health services and ensure that such providers are equitably distributed throughout the State.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-22-0047","docId":"e-c-12-gc-22","idx":47,"n":47,"text":"47. States must develop and enforce evidence-based standards and guidelines for the provision and delivery of sexual and reproductive health services, and such guidance must be routinely updated to incorporate medical advancements. At the same time, States are required to provide age-appropriate, evidence-based, scientifically accurate comprehensive education for all on sexual and reproductive health.[[fn:37]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":37,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14; Committee on the Elimination of Discrimination against Women general recommendation No. 30 on women in conflict prevention, conflict and post-conflict situations, para. 52 (c); and Committee on the Rights of the Child general comment No. 15, para. 60."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-22-0048","docId":"e-c-12-gc-22","idx":48,"n":48,"text":"48. States must also take affirmative measures to eradicate social barriers in terms of norms or beliefs that inhibit individuals of different ages and genders, women, girls and adolescents from autonomously exercising their right to sexual and reproductive health. Social misconceptions, prejudices and taboos about menstruation, pregnancy, delivery, masturbation, wet dreams, vasectomy and fertility should be modified so that these do not obstruct an individual’s enjoyment of the right to sexual and reproductive health.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-22-0049","docId":"e-c-12-gc-22","idx":49,"n":49,"text":"States parties have a core obligation to ensure, at the very least, minimum essential levels of satisfaction of the right to sexual and reproductive health. In this regard, States parties should be guided by contemporary human rights instruments and jurisprudence,[[fn:38]] as well as the most current international guidelines and protocols established by United Nations agencies, in particular WHO and the United Nations Population Fund (UNFPA).[[fn:39]] The core obligations include at least the following: (a) To repeal or eliminate laws, policies and practices that criminalize, obstruct or undermine access by individuals or a particular group to sexual and reproductive health facilities, services, goods and information; (b) To adopt and implement a national strategy and action plan, with adequate budget allocation, on sexual and reproductive health, which is devised, periodically reviewed and monitored through a participatory and transparent process, disaggregated by prohibited ground of discrimination; (c) To guarantee universal and equitable access to affordable, acceptable and quality sexual and reproductive health services, goods and facilities, in particular for women and disadvantaged and marginalized groups; (d) To enact and enforce the legal prohibition of harmful practices and gender-based violence, including female genital mutilation, child and forced marriage and domestic and sexual violence, including marital rape, while ensuring privacy, confidentiality and free, informed and responsible decision-making, without coercion, discrimination or fear of violence, in relation to the sexual and reproductive needs and behaviours of individuals; (e) To take measures to prevent unsafe abortions and to provide post-abortion care and counselling for those in need; (f) To ensure all individuals and groups have access to comprehensive education and information on sexual and reproductive health that are non-discriminatory, non-biased, evidence-based, and that take into account the evolving capacities of children and adolescents; (g) To provide medicines, equipment and technologies essential to sexual and reproductive health, including based on the WHO Model List of Essential Medicines;[[fn:40]] (h) To ensure access to effective and transparent remedies and redress, including administrative and judicial ones, for violations of the right to sexual and reproductive health.","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":38,"text":"See, for example, www.icpdbeyond2014.org; Committee on the Elimination of Discrimination against Women communications No. 17/2008, and No. 22/2009, L.C. v. Peru, views adopted on 17 October 2011; and general comments and recommendations of Committee on the Rights of the Child and Committee on the Elimination of Discrimination against Women."},{"n":39,"text":"See e.g. Inter-agency Field Manual on Reproductive Health in Humanitarian Settings (Interagency Working Group on Reproductive Health in Crises, 2010), available from www.who.int/reproductivehealth/publications/emergencies/ field_manual_rh_humanitarian_settings.pdf; and publications by UNFPA on sexual and reproductive health, available from www.unfpa.org/sexual-reproductive-health."},{"n":40,"text":"See WHO Model List of Essential Medicines, sect. 18.3."}],"section":["IV. Obligations of States parties","C. Core obligations"]},{"id":"e-c-12-gc-22-0050","docId":"e-c-12-gc-22","idx":50,"n":50,"text":"50. International cooperation and assistance are key elements of article 2 (1) of the Covenant and are crucial for the realization of the right to sexual and reproductive health. In compliance with article 2 (1), States that are not able to comply with their obligations and that cannot realize the right to sexual and reproductive health due to a lack of resources must seek international cooperation and assistance. States that are in a position to do so must respond to such requests in good faith and in accordance with the international commitment of contributing at a minimum 0.7 per cent of their gross national income for international cooperation and assistance.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","D. International obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-22-0051","docId":"e-c-12-gc-22","idx":51,"n":51,"text":"51. States parties should ensure, in compliance with their Covenant obligations, that their bilateral, regional and international agreements dealing with intellectual property or trade and economic exchange do not impede access to medicines, diagnostics or related technologies required for prevention or treatment of HIV/AIDS or other diseases related to sexual and reproductive health. States should ensure that international agreements and domestic legislation incorporate to the fullest extent any safeguards and flexibilities therein that may be used to promote and ensure access to medicines and health care for all. States parties should review their international agreements, including on trade and investment, to ensure that they are consistent with the protection of the right to sexual and reproductive health, and should amend them as necessary.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","D. International obligations"]},{"id":"e-c-12-gc-22-0052","docId":"e-c-12-gc-22","idx":52,"n":52,"text":"52. Donor States and international actors have an obligation to comply with human rights standards, which are also applicable to sexual and reproductive health. To this end, international assistance should not impose restrictions on information or services existing in donor States, draw trained reproductive healthcare workers away from recipient countries or push recipient countries to adopt models of privatization. Also, donor States should not reinforce or condone legal, procedural, practical or social barriers to the full enjoyment of sexual and reproductive health that exist in the recipient countries.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","D. International obligations"]},{"id":"e-c-12-gc-22-0053","docId":"e-c-12-gc-22","idx":53,"n":53,"text":"53. Intergovernmental organizations, and in particular the United Nations and its specialized agencies, programmes and bodies, have a crucial role to play and contribution to make with regard to the universal realization of the right to sexual and reproductive health. The World Health Organization, UNFPA, the United Nations Entity for Gender Equality and the Empowerment of Women (UN–Women), the Office of the United Nations High Commissioner for Human Rights and other United Nations entities provide technical guidance and information, as well as capacitybuilding and strengthening. They should cooperate effectively with States parties, building on their respective expertise in relation to the implementation of the right to sexual and reproductive health at the national level, with due respect to their individual mandates, in collaboration with civil society.[[fn:41]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":41,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14, paras. 6365."}],"section":["IV. Obligations of States parties","D. International obligations"]},{"id":"e-c-12-gc-22-0054","docId":"e-c-12-gc-22","idx":54,"n":54,"text":"54. Violations of the right to sexual and reproductive health can occur through the direct action of States or other entities that are insufficiently regulated by States. Violations through acts of commission include the adoption of legislation, regulations, policies or programmes that create barriers to the realization of the right to sexual and reproductive health in the State party or in third countries, or the formal repeal or suspension of legislation, regulations, policies or programmes that are necessary for the continued enjoyment of the right to sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0055","docId":"e-c-12-gc-22","idx":55,"n":55,"text":"55. Violations through acts of omission include the failure to take appropriate steps towards the full realization of everyone's right to sexual and reproductive health and the failure to enact and enforce relevant laws. Failure to ensure formal and substantive equality in the enjoyment of the right to sexual and reproductive health constitutes a violation of this right. The elimination of de jure as well as de facto discrimination is required for the equal enjoyment of the right to sexual and reproductive health.[[fn:42]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":42,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 16, para. 41."}],"section":["V. Violations"]},{"id":"e-c-12-gc-22-0056","docId":"e-c-12-gc-22","idx":56,"n":56,"text":"56. Violations of the obligation to respect occur when the State, through laws, policies or actions, undermines the right to sexual and reproductive health. Such violations include State interference with an individual’s freedom to control his or her own body and ability to make free, informed and responsible decisions in this regard. They also occur when the State removes or suspends laws and policies that are necessary for the enjoyment of the right to sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0057","docId":"e-c-12-gc-22","idx":57,"n":57,"text":"57. Examples of violations of the obligation to respect include the establishment of legal barriers impeding access by individuals to sexual and reproductive health services, such as the criminalization of women undergoing abortions and the criminalization of consensual sexual activity between adults. Banning or denying access in practice to sexual and reproductive health services and medicines, such as emergency contraception, also violates the obligation to respect. Laws and policies that prescribe involuntary, coercive or forced medical interventions, including forced sterilization or mandatory HIV/AIDS, virginity or pregnancy testing, also violate the obligation to respect.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0058","docId":"e-c-12-gc-22","idx":58,"n":58,"text":"58. Laws and policies that indirectly perpetuate coercive medical practices, including incentive- or quota-based contraceptive policies and hormonal therapy, as well as surgery or sterilization requirements for legal recognition of one’s gender identity, constitute additional violations of the obligation to respect. Further violations include state practices and policies that censor or withhold information, or present inaccurate, misrepresentative or discriminatory information, related to sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0059","docId":"e-c-12-gc-22","idx":59,"n":59,"text":"59. Violations of the obligation to protect occur when a State fails to take effective steps to prevent third parties from undermining the enjoyment of the right to sexual and reproductive health. This includes the failure to prohibit and take measures to prevent all forms of violence and coercion committed by private individuals and entities, including domestic violence, rape (including marital rape), sexual assault, abuse and harassment, including during conflict, post-conflict and transition situations; violence targeting lesbian, gay, bisexual, transgender and intersex persons or women seeking abortion or post-abortion care; harmful practices such as female genital mutilation, child and forced marriage, forced sterilization, forced abortion and forced pregnancy; and medically unnecessary, irreversible and involuntary surgery and treatment performed on intersex infants or children.","labels":["Women/girls","Children","LGBTI+","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0060","docId":"e-c-12-gc-22","idx":60,"n":60,"text":"States must effectively monitor and regulate specific sectors, such as private health-care providers, health insurance companies, educational and child-care institutions, institutional care facilities, refugee camps, prisons and other detention centres, to ensure that they do not undermine or violate enjoyment by individuals of the right to sexual and reproductive health. States have an obligation to ensure that private health insurance companies do not refuse to cover sexual and reproductive health services. Furthermore, States also have an extraterritorial obligation[[fn:43]] to ensure that transnational corporations, such as pharmaceutical companies operating globally, do not violate the right to sexual and reproductive health of people in other countries, for example through non-consensual testing of contraceptives or medical experiments.","labels":["Refugees & asylum-seekers","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":43,"text":"Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights."}],"section":["V. Violations"]},{"id":"e-c-12-gc-22-0061","docId":"e-c-12-gc-22","idx":61,"n":61,"text":"61. Violations of the obligation to fulfil occur when States do not take all necessary steps to facilitate, promote and provide for the right to sexual and reproductive health within maximum available resources. Such violations arise when States fail to adopt and implement a holistic and inclusive national health policy that adequately and comprehensively includes sexual and reproductive health or when a policy fails to appropriately address the needs of disadvantaged and marginalized groups.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0062","docId":"e-c-12-gc-22","idx":62,"n":62,"text":"62. Violations of the obligation to fulfil also occur when States fail to progressively ensure that sexual and reproductive health facilities, goods and services are available, accessible, acceptable and of good quality. Examples of such violations include the failure to guarantee access to the full range of contraceptive options so that all individuals are able to utilize an appropriate method that suits their particular situation and needs.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0063","docId":"e-c-12-gc-22","idx":63,"n":63,"text":"63. In addition, violations of the obligation to fulfil occur when States fail to take affirmative measures to eradicate legal, procedural, practical and social barriers to the enjoyment of the right to sexual and reproductive health and to ensure that healthcare providers treat all individuals seeking sexual and reproductive health care in a respectful and non-discriminatory manner. Violation of the obligation to fulfil also occur when States fail to take measures to ensure that up-to-date, accurate information on sexual and reproductive health is publicly available and accessible to all individuals, in appropriate languages and formats, and to ensure that all educational institutions incorporate unbiased, scientifically accurate, evidence-based, age-appropriate and comprehensive sexuality education into their required curricula.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0064","docId":"e-c-12-gc-22","idx":64,"n":64,"text":"64. States must ensure that all individuals have access to justice and to meaningful and effective remedy in instances in which the right to sexual and reproductive health is violated. Remedies include, but are not limited to, adequate, effective and prompt reparation in the form of restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, as appropriate. The effective exercise of the right to remedy requires funding access to justice and information about the existence of these remedies. It is also important that the right to sexual and reproductive health be enshrined in laws and policies and be fully justiciable at the national level, and that judges, prosecutors and lawyers be made aware of that such a right can be enforced. When third parties contravene the right to sexual and reproductive health, States must ensure that such violations are investigated and prosecuted, and that the perpetrators are held accountable, while the victims of such violations are provided with remedies.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["VI. Remedies"]},{"id":"e-c-12-gc-23-0001","docId":"e-c-12-gc-23","idx":1,"n":1,"text":"The right of everyone to the enjoyment of just and favourable conditions of work is recognized in the International Covenant on Economic, Social and Cultural Rights and other international and regional human rights treaties,[[fn:1]] as well as related international legal instruments, including conventions and recommendations of the International Labour Organization (ILO).[[fn:2]] It is an important component of other labour rights enshrined in the Covenant and the corollary of the right to work as freely chosen and accepted. Similarly, trade union rights, freedom of association and the right to strike are crucial means of introducing, maintaining and defending just and favourable conditions of work.[[fn:3]] In turn, social security compensates for the lack of work-related income and complements labour rights.[[fn:4]] The enjoyment of the right to just and favourable conditions of work is a prerequisite for, and result of, the enjoyment of other Covenant rights, for example, the right to the highest attainable standard of physical and mental health, by avoiding occupational accidents and disease, and an adequate standard of living through decent remuneration.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":1,"text":"See Universal Declaration of Human Rights, arts. 23 and 24; International Convention on the Elimination of All Forms of Racial Discrimination, art. 5; Convention on the Elimination of All Forms of Discrimination against Women, art. 11; Convention on the Rights of the Child, art. 32; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 25; Convention on the Rights of Persons with Disabilities, art. 27; European Social Charter (Revised), Part I, paras. 2, 3, 4, 7 and 8; and Part II, arts. 2, 3 and 4; Charter of Fundamental Rights of the European Union, arts. 14, 23, 31 and 32; Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, art. 7; and African Charter on Human and Peoples’ Rights, art. 15. The wording of the provisions in the various treaties differs. The European instruments are broader in the protections offered, while the African Charter includes the narrower requirement of “equal pay for equal work”."},{"n":2,"text":"Although many ILO conventions relate directly and indirectly to just and favourable conditions of work, for the present general comment, the Committee has identified the following as relevant: Hours of Work (Industry) Convention, 1919 (No. 1); Weekly Rest (Industry) Convention, 1921 (No. 14); Minimum Wage-Fixing Machinery Convention, 1928 (No. 26); Hours of Work (Commerce and Offices) Convention, 1930 (No. 30); Forty-Hour Week Convention, 1935 (No. 47); Protection of Wages Convention, 1949 (No. 95); Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99); Equal Remuneration Convention, 1951 (No. 100); Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106); Discrimination (Employment and Occupation) Convention, 1958 (No. 111); Minimum Wage Fixing Convention, 1970 (No. 131); Holidays with Pay Convention (Revised), 1970 (No. 132); Minimum Age Convention, 1973 (No. 138); Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153); Occupational Safety and Health Convention, 1981 (No. 155); Protocol of 2002 to the Occupational Safety and Health Convention, 1981; Workers with Family Responsibilities Convention, 1981 (No. 156); Night Work Convention, 1990 (No. 171); Part-Time Work Convention, 1994 (No. 175); Maternity Protection Convention, 2000 (No. 183); Convention concerning the Promotional Framework for Occupational Safety and Health, 2006 (No. 187); and Domestic Workers Convention, 2011 (No. 189)."},{"n":3,"text":"Committee on Economic, Social and Cultural Rights general comment No. 18 (2005) on the right to work, paragraph 2, indicates the interconnection between the right to work in a general sense in article 6 of the Covenant, the recognition of the individual dimension of the right to the enjoyment of just and favourable conditions of work in article 7 and the collective dimension in article 8."},{"n":4,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 19 (2007) on the right to social security, para. 2."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-23-0002","docId":"e-c-12-gc-23","idx":2,"n":2,"text":"The importance of the right to just and favourable conditions of work has yet to be fully realized. Almost 50 years after the adoption of the Covenant, the level of wages in many parts of the world remains low and the gender pay gap is a persistent and global problem. ILO estimates that annually some 330 million people are victims of accidents at work and that there are 2 million work-related fatalities.[[fn:5]] Almost half of all countries still regulate weekly working hours above the 40-hour work week, with many establishing a 48-hour limit, and some countries have excessively high average working hours. In addition, workers in special economic, free trade and export processing zones are often denied the right to just and favourable conditions of work through non-enforcement of labour legislation.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":5,"text":"According to ILO, the overall number of work-related fatal and non-fatal accidents and diseases globally did not vary significantly during the period 1998 to 2008, although the global figure hides variations among countries and regions."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-23-0003","docId":"e-c-12-gc-23","idx":3,"n":3,"text":"Discrimination, inequality and a lack of assured rest and leisure conditions plague many of the world’s workers. Economic, fiscal and political crises have led to austerity measures that claw back advances. The increasing complexity of work contracts, such as short-term and zero-hour contracts, and non-standard forms of employment, as well as an erosion of national and international labour standards, collective bargaining and working conditions, have resulted in insufficient protection of just and favourable conditions of work. Even in times of economic growth, many workers do not enjoy such conditions of work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"]},{"id":"e-c-12-gc-23-0004","docId":"e-c-12-gc-23","idx":4,"n":4,"text":"The Committee is aware that the concept of work and workers has evolved from the time of drafting of the Covenant to include new categories, such as self-employed workers, workers in the informal economy, agricultural workers, refugee workers and unpaid workers. Following up on general comment No. 18 on the right to work, and benefiting from its experience in the consideration of reports of States parties, the present general comment has been drafted by the Committee with the aim of contributing to the full implementation of article 7 of the Covenant.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0005","docId":"e-c-12-gc-23","idx":5,"n":5,"text":"The right to just and favourable conditions of work is a right of everyone, without distinction of any kind. The reference to “everyone” highlights the fact that the right applies to all workers in all settings, regardless of gender, as well as young and older workers, workers with disabilities, workers in the informal sector, migrant workers, workers from ethnic and other minorities, domestic workers, self-employed workers, agricultural workers, refugee workers and unpaid workers. The reference to “everyone” reinforces the general prohibition on discrimination in article 2 (2) and the equality provision in article 3 of the Covenant, and is supplemented by the various references to equality and freedom from distinctions of any kind in sub-articles 7 (a) (i) and (c).","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0006","docId":"e-c-12-gc-23","idx":6,"n":6,"text":"Article 7 identifies a non-exhaustive list of fundamental elements to guarantee just and favourable conditions of work. The reference to the term “in particular” indicates that other elements, not explicitly referred to, are also relevant. In this context, the Committee has systematically underlined factors such as the following: prohibition of forced labour and social and economic exploitation of children and young persons; freedom from violence and harassment, including sexual harassment; and paid maternity, paternity and parental leave.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0007","docId":"e-c-12-gc-23","idx":7,"n":7,"text":"The term “remuneration” goes beyond the more restricted notion of “wage” or “salary” to include additional direct or indirect allowances in cash or in kind paid by the employer to the employee that should be of a fair and reasonable amount, such as grants, contributions to health insurance, housing and food allowances, and on-site affordable childcare facilities.[[fn:6]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":6,"text":"This understanding is supported by article 1 (a) of the ILO Equal Remuneration Convention, 1951 (No. 100), which has been ratified by 171 States."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","1. Remuneration"]},{"id":"e-c-12-gc-23-0008","docId":"e-c-12-gc-23","idx":8,"n":8,"text":"8. It is clear that the reference to “a minimum” in article 7 (a) is designed to ensure that the article should in no case limit efforts to improve remuneration to a level above those standards.[[fn:7]] This minimum applies to “all workers”, reflecting the term “everyone” in the chapeau.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":7,"text":"See Travaux Préparatoires A/2929 (1955), para. 5. See also Matthew Craven, The International Covenant on Economic, Social, and Cultural Rights: A Perspective on Its Development (Oxford, Clarendon Press, 1995), chap. 6, sect. II.B."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","1. Remuneration"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0009","docId":"e-c-12-gc-23","idx":9,"n":9,"text":"9. The minimum criteria for remuneration are: fair wages, equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work (art. 7 (a) (i)); and a decent living for workers and their families (art. 7 (a) (ii)).","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","1. Remuneration"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0010","docId":"e-c-12-gc-23","idx":10,"n":10,"text":"10. All workers have the right to a fair wage. The notion of a fair wage is not static, since it depends on a range of non-exhaustive objective criteria, reflecting not only the output of the work but also the responsibilities of the worker, the level of skill and education required to perform the work, the impact of the work on the health and safety of the worker, specific hardships related to the work and the impact on the worker’s personal and family life.[[fn:8]], [[fn:9]] Any assessment of fairness should also take into account the position of female workers, particularly where their work and pay has traditionally been undervalued. Where workers have precarious contracts, supplements to the wage, as well as other measures to guard against arbitrariness, may be necessary in the interest of fairness to mitigate the lack of job security. Workers should not have to pay back part of their wages for work already performed and should receive all wages and benefits legally due upon termination of a contract or in the event of the bankruptcy or judicial liquidation of the employer. Employers are prohibited from restricting the freedom of workers to dispose of their remuneration. Prisoners who agree to work should receive a fair wage. For the clear majority of workers, fair wages are above the minimum wage. Wages should be paid in a regular, timely fashion and in full.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":8,"text":"The 2014 ILO Study on Minimum Wage Systems suggests that the notion of a fair wage comprises the notions of a minimum wage and a living wage (the latter more closely related to article 7 (a) (ii) of the Covenant), the notion of a fair wage being broader."},{"n":9,"text":"In the present general comment, the relationship between wages and the cost of living is understood to fall more clearly as a consideration under article 7 (a) (ii); however, it is also important to emphasize that the notion of a “fair wage” and remuneration for a decent living are interdependent."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0011","docId":"e-c-12-gc-23","idx":11,"n":11,"text":"11. Not only should workers receive equal remuneration when they perform the same or similar jobs, but their remuneration should also be equal even when their work is completely different but nonetheless of equal value when assessed by objective criteria. This requirement goes beyond only wages or pay to include other payments or benefits paid directly or indirectly to workers. Although equality between men and women is particularly important in this context and even merits a specific reference in article 7 (a) (i), the Committee reiterates that equality applies to all workers without distinction based on race, ethnicity, nationality, migration or health status, disability, age, sexual orientation, gender identity or any other ground.[[fn:10]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":10,"text":"See art. 2 (2) of the Covenant; and Committee on Economic, Social and Cultural Rights general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0012","docId":"e-c-12-gc-23","idx":12,"n":12,"text":"12. The extent to which equality is being achieved requires an ongoing objective evaluation of whether the work is of equal value and whether the remuneration received is equal.[[fn:11]] It should cover a broad selection of functions. Since the focus should be on the “value” of the work, evaluation factors should include skills, responsibilities and effort required by the worker, as well as working conditions. It could be based on a comparison of rates of remuneration across organizations, enterprises and professions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":11,"text":"The ILO Equal Remuneration Convention 1951 (No. 100), article 1 (b), refers to “equal remuneration for work of equal value” as “rates of remuneration established without discrimination on the basis of sex”. The Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111) extends the principle of equal remuneration for work of equal value to other grounds upon which discrimination is prohibited. In making an explicit reference to “without distinction”, article 7 of the Covenant goes beyond Convention No. 100 to protect against discrimination on grounds other than sex."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0013","docId":"e-c-12-gc-23","idx":13,"n":13,"text":"13. Objective job evaluation is important to avoid indirect discrimination when determining rates of remuneration and comparing the relative value of different jobs. For example, a distinction between full-time and part-time work — such as the payment of bonuses only to full-time employees — might indirectly discriminate against women employees if a higher percentage of women are part-time workers.[[fn:12]] Similarly, the objective evaluation of the work must be free from gender bias.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":12,"text":"See ILO Part-Time Work Convention 1994 (No. 175), art. 5."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0014","docId":"e-c-12-gc-23","idx":14,"n":14,"text":"14. Equal remuneration for work of equal value applies across all sectors. Where the State has direct influence over rates of remuneration, equality should be achieved in the public sector as rapidly as possible, ensuring equal remuneration for work of equal value in the civil service at the central, provincial and local levels, as well as for work under public contract or in enterprises either fully or partially owned by the State.[[fn:13]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":13,"text":"Adapted from Equal Remuneration Recommendation, 1951 (No. 90), paras. 1-2."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0015","docId":"e-c-12-gc-23","idx":15,"n":15,"text":"15. Remuneration set through collective agreements should be aimed at ensuring equality for work of equal value. States parties should adopt legislation and other measures to promote equal remuneration for work of equal value, including in the private sphere, for example, by encouraging the establishment of a classification of jobs without regard to sex; fixing timebound targets for achieving equality, and reporting requirements designed to assess whether targets have been met; and requiring progressive decreases in the differentials between rates of remuneration for men and women for work of equal value.[[fn:14]] States parties should consider the introduction of a wide range of vocational and other training measures for women, including in non-traditional fields of study and work.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":14,"text":"See ILO Equal Remuneration Recommendation 1951 (No. 90), paras. 4-5."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0016","docId":"e-c-12-gc-23","idx":16,"n":16,"text":"16. The notion of “conditions of work for women not inferior to those enjoyed by men” and “equal pay for equal work” mentioned in the second part of article 7 (i) (a) are more restrictive than the notion of equal remuneration for work of equal value. First, the former are specifically related to direct discrimination on the basis of sex, while “equal remuneration for work of equal value” is without distinction on any ground. Second, they focus on a narrower comparison between the same job or post, normally in the same enterprise or organization, instead of the broader recognition of remuneration based on the value of work. Therefore, in the specific situation in which a man and a woman perform the same or similar functions, both workers must receive the same pay, but this should not detract from the requirement to take immediate steps towards the broader obligation of achieving equal remuneration for men and women for work of equal value.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0017","docId":"e-c-12-gc-23","idx":17,"n":17,"text":"17. “Conditions of work” in this particular subparagraph include the “conditions” identified in the work contract that can affect the rate of remuneration, as well as broader “conditions” referred to in other paragraphs of article 7. Thus, a woman performing work of equal value to that of a male counterpart should not have fewer contractual protections or more arduous contractual requirements. This requirement does not prevent women from enjoying specific conditions of work relating to pregnancy and maternity protection.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0018","docId":"e-c-12-gc-23","idx":18,"n":18,"text":"18. Closely linked to the notions of fairness and equality, “remuneration” must also provide a “decent living” for workers and their families. While fair wages and equal remuneration are determined by reference to the work performed by an individual worker, as well as in comparison with other workers, remuneration that provides a decent living must be determined by reference to outside factors such as the cost of living and other prevailing economic and social conditions. Thus, remuneration must be sufficient to enable the worker and his or her family to enjoy other rights in the Covenant, such as social security, health care, education and an adequate standard of living, including food, water and sanitation, housing, clothing and additional expenses such as commuting costs.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0019","docId":"e-c-12-gc-23","idx":19,"n":19,"text":"19. A minimum wage is “the minimum amount of remuneration that an employer is required to pay wage earners for the work performed during a given period, which cannot be reduced by collective agreement or an individual contract”.[[fn:15]] It provides a means of ensuring remuneration for a decent living for workers and their families.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":15,"text":"This is the definition relied upon by the ILO Committee of Experts on the Application of Conventions and Recommendations in a number of its reports and other documents."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0020","docId":"e-c-12-gc-23","idx":20,"n":20,"text":"20. States parties should prioritize the adoption of a periodically reviewed minimum wage, indexed at least to the cost of living, and maintain a mechanism to do this. Workers, employers and their representative organizations should participate directly in the operation of such a mechanism.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0021","docId":"e-c-12-gc-23","idx":21,"n":21,"text":"21. Minimum wages can be effective only if they are adequate to the goals set forth in article 7. The minimum wage should be recognized in legislation, fixed with reference to the requirements of a decent living, and applied consistently. The elements to take into account in fixing the minimum wage are flexible, although they must be technically sound, including the general level of wages in the country, the cost of living, social security contributions and benefits, and relative living standards. The minimum wage might represent a percentage of the average wage, so long as this percentage is sufficient to ensure a decent living for workers and their families.[[fn:16]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":16,"text":"The European Committee of Social Rights has indicated that remuneration, to be fair, must be in any event above the poverty line in the country, i.e. 50 per cent of the national average wage."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0022","docId":"e-c-12-gc-23","idx":22,"n":22,"text":"22. In setting the minimum wage, reference to wages paid for work of equal value in sectors subject to collective wage agreements is relevant, as is the general level of salaries in the country or locality in question. The requirements of economic and social development and achievement of a high level of employment also need to be considered, but the Committee underlines that such factors should not be used to justify a minimum wage that does not ensure a decent living for workers and their families. While recognizing that minimum wages are often frozen during times of economic and financial crisis, the Committee further underlines that, in order for States parties to comply with article 7 of the Covenant, such a measure has to be taken as a last resort and must be of a temporary nature, bearing in mind the needs of workers in vulnerable situations, with a return to the standard procedures of periodic review and increase in the minimum wage as swiftly as possible.[[fn:17]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":17,"text":"Letter of the Chair of the Committee on Economic, Social and Cultural Rights to States parties on austerity measures, May 2012."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0023","docId":"e-c-12-gc-23","idx":23,"n":23,"text":"23. The minimum wage should apply systematically, protecting as much as possible the fullest range of workers, including workers in vulnerable situations. The minimum wage might apply generally or differ across sectors, regions, zones and professional categories,[[fn:18]] so long as the wages apply without direct or indirect discrimination and ensure a decent living. In setting minimum wages at the sector or industry level, the work performed in sectors predominantly employing women, minorities or foreign workers should not be undervalued compared with work in sectors predominantly employing men or nationals. It is particularly important to ensure that the job evaluation methods used to align or adjust sectoral or occupational minimum wage schemes are not inherently discriminatory.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":18,"text":"See ILO Minimum Wage Fixing Recommendation, 1970 (No. 135), Part III, para. 5."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0024","docId":"e-c-12-gc-23","idx":24,"n":24,"text":"24. The failure of employers to respect the minimum wage should be subject to penal or other sanctions. Appropriate measures, including effective labour inspections, are necessary to ensure the application of minimum wage provisions in practice. States parties should provide adequate information on minimum wages in relevant languages and dialects, as well as in accessible formats for workers with disabilities and illiterate workers.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0025","docId":"e-c-12-gc-23","idx":25,"n":25,"text":"25. Preventing occupational accidents and disease is a fundamental aspect of the right to just and favourable conditions of work, and is closely related to other Covenant rights, in particular the right to the highest attainable level of physical and mental health.[[fn:19]] States parties should adopt a national policy for the prevention of accidents and work-related health injury by minimizing hazards in the working environment[[fn:20]] and ensuring broad participation in the formulation, implementation and review of such a policy, in particular of workers, employers and their representative organizations.[[fn:21]] While full prevention of occupational accidents and diseases might not be possible, the human and other costs of not taking action far outweigh the financial burden on States parties for taking immediate preventative steps that should be increased over time.[[fn:22]]","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":19,"text":"See art. 12 (2) (b) and (c) of the Covenant."},{"n":20,"text":"See ILO Occupational Safety and Health Convention, 1981 (No. 155), art. 4 (1)."},{"n":21,"text":"Ibid."},{"n":22,"text":"See Craven, The International Covenant on Economic, Social, and Cultural Rights, chap. 6, sect. III.C."}],"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0026","docId":"e-c-12-gc-23","idx":26,"n":26,"text":"26. The national policy should cover all branches of economic activity, including the formal and informal sectors, and all categories of workers,[[fn:23]] including non-standard workers, apprentices and interns. It should take into account specific risks to the safety and health of female workers in the event of pregnancy, as well as of workers with disabilities, without any form of discrimination against these workers. Workers should be able to monitor working conditions without fear of reprisal.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":23,"text":"See ILO Occupational Safety and Health Convention, 1981 (No. 155), arts. 1 (1) and 2 (1). In particular, policies should include protection of domestic workers, as well as temporary workers, part-time workers, apprentices, self-employed persons, migrant workers and workers in the informal sector."}],"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0027","docId":"e-c-12-gc-23","idx":27,"n":27,"text":"27. The policy should address at least the following areas:[[fn:24]] design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work (workplaces, working environment, work processes, tools, machinery and equipment, as well as chemical, physical and biological substances and agents); the relationship between the main elements of work and the physical and mental capacities of workers, including their ergonomic requirements; training of relevant personnel; and protection of workers and representative organizations from disciplinary measures when they have acted in conformity with the national policy, such as in response to imminent and serious danger.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":24,"text":"See ILO Occupational Safety and Health Convention, 1981 (No. 155), arts. 5 (a), (b), (c) and (e)."}],"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0028","docId":"e-c-12-gc-23","idx":28,"n":28,"text":"28. In particular, the policy should indicate specific actions required of employers in areas such as prevention and response to accidents and disease, as well as recording and providing notification about relevant data, given the fundamental responsibility of the employer to protect the health and safety of workers. It should also include a mechanism, which might be a central body, for coordination of policy implementation and support programmes and with the authority to undertake periodic reviews. To assist with the review, the policy should promote the collection and dissemination of reliable and valid data on the fullest possible range of occupational accidents and disease, including accidents involving workers while commuting to and from work.[[fn:25]] Data collection should respect human rights principles, including confidentiality of personal and medical data,[[fn:26]] as well as the need for disaggregation of data by sex and other relevant grounds.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":25,"text":"See Protocol of 2002 to the ILO Occupational Safety and Health Convention, 1981 (No. 155), art. 1 (d)."},{"n":26,"text":"Ibid., art. 3 (d)."}],"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0029","docId":"e-c-12-gc-23","idx":29,"n":29,"text":"29. The policy should incorporate appropriate monitoring and enforcement provisions, including effective investigations, and provide adequate penalties in case of violations, including the right of enforcement authorities to suspend the operation of unsafe enterprises. Workers affected by a preventable occupational accident or disease should have the right to a remedy, including access to appropriate grievance mechanisms, such as courts, to resolve disputes. In particular, States parties should ensure that workers suffering from an accident or disease and, where relevant, the dependants of those workers, receive adequate compensation, including for costs of treatment, loss of earnings and other costs, as well as access to rehabilitation services.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0030","docId":"e-c-12-gc-23","idx":30,"n":30,"text":"30. Access to safe drinking water, adequate sanitation facilities that also meet women’s specific hygiene needs, and materials and information to promote good hygiene are essential elements of a safe and healthy working environment. Paid sick leave is critical for sick workers to receive treatment for acute and chronic illnesses and to reduce infection of co-workers.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0031","docId":"e-c-12-gc-23","idx":31,"n":31,"text":"All workers have the right to equal opportunity for promotion through fair, merit-based and transparent processes that respect human rights. The applicable criteria of seniority and competence should also include an assessment of individual circumstances, as well as the different roles and experiences of men and women, in order to ensure equal opportunities for all. There should be no place for irrelevant criteria such as personal preference or family, political and social links. Similarly, workers must have the opportunity for promotion free from reprisals related to trade union or political activity. The reference to equal opportunity requires that hiring, promotion and termination not be discriminatory. This is highly relevant for women and other workers, such as workers with disabilities, workers from certain ethnic, national and other minorities, lesbian, gay, bisexual, transgender and intersex workers, older workers and indigenous workers.","labels":["Indigenous peoples","Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","C. Article 7 (c): equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence"]},{"id":"e-c-12-gc-23-0032","docId":"e-c-12-gc-23","idx":32,"n":32,"text":"32. Equality in promotion requires the analysis of direct and indirect obstacles to promotion, as well as the introduction of measures such as training and initiatives to reconcile work and family responsibilities, including affordable day-care services for children and dependent adults. In order to accelerate de facto equality, temporary special measures might be necessary.[[fn:27]] They should be regularly reviewed and appropriate sanctions applied in the event of non-compliance.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":27,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural , para. 15; and general comment No. 20, paras. 38 and 39."}],"section":["II. Normative content","C. Article 7 (c): equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence"]},{"id":"e-c-12-gc-23-0033","docId":"e-c-12-gc-23","idx":33,"n":33,"text":"33. In the public sector, States parties should introduce objective standards for hiring, promotion and termination that are aimed at achieving equality, particularly between men and women. Public sector promotions should be subject to impartial review. For the private sector, States parties should adopt relevant legislation, such as comprehensive nondiscrimination legislation, to guarantee equal treatment in hiring, promotion and termination, and undertake surveys to monitor changes over time.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","C. Article 7 (c): equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence"]},{"id":"e-c-12-gc-23-0034","docId":"e-c-12-gc-23","idx":34,"n":34,"text":"34. Rest and leisure, limitation of working hours and paid periodic holidays help workers to maintain an appropriate balance between professional, family and personal responsibilities and to avoid work-related stress, accidents and disease. They also promote the realization of other Covenant rights; therefore, although States parties have flexibility in the light of the national context, they are required to set minimum standards that must be respected and cannot be denied or reduced on the basis of economic or productivity arguments. States parties should introduce, maintain and enforce laws, polices and regulations covering several factors, as outlined below.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays"]},{"id":"e-c-12-gc-23-0035","docId":"e-c-12-gc-23","idx":35,"n":35,"text":"35. Working days spent in all activities, including unpaid work, should be limited to a specified number of hours. While the general daily limit (without overtime) should be eight hours,[[fn:28]] the rule should take into account the complexities of the workplace and allow for flexibility, responding, for example, to different types of work arrangements such as shift work, consecutive work shifts, work during emergencies and flexible working arrangements. Exceptions should be strictly limited and subject to consultation with workers and their representative organizations. Where legislation permits longer working days, employers should compensate for longer days with shorter working days so that the average number of working hours over a period of weeks does not exceed the general principle of eight hours per day.[[fn:29]] Requirements for workers to be on-call or on standby need to be taken into account in the calculation of hours of work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":28,"text":"See ILO Hours of Work (Industry) Convention, 1919 (No. 1), art. 2, and Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), art. 3. While very wide in scope, they do not cover all areas of economic activity, such as agricultural and domestic workers, that later ILO conventions and recommendations take on board."},{"n":29,"text":"Adapted from ILO Hours of Work (Industry) Convention, 1919 (No. 1), art. 2 (c) (referring strictly to shift work)."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","1. Limits on daily hours of work"]},{"id":"e-c-12-gc-23-0036","docId":"e-c-12-gc-23","idx":36,"n":36,"text":"36. Legislation should establish the maximum number of daily hours of work, which could vary in the light of the exigencies of different employment activities but should not go beyond what is considered a reasonable maximum work day. Measures aimed at assisting workers to reconcile work with family responsibilities should not reinforce stereotyped assumptions that men are the main breadwinners and that women should bear the main responsibility for the household. If substantive equality is to be achieved, both male and female workers with family responsibilities should benefit from the measures on an equal footing.[[fn:30]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":30,"text":"ILO Workers with Family Responsibilities Convention, 1981 (No. 156)."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","1. Limits on daily hours of work"]},{"id":"e-c-12-gc-23-0037","docId":"e-c-12-gc-23","idx":37,"n":37,"text":"37. The number of hours of work per week should also be limited through legislation. The same criteria as indicated for daily limits on working hours apply. The limitation should apply across all sectors and for all types of work, including unpaid work. Reduced working weeks may apply, for instance, in relation to arduous activities. The Committee is aware that many States parties have opted for a 40-hour week and recommends that States parties that have not yet done so take steps progressively to achieve this target.[[fn:31]] Legislation should allow for some flexibility to go beyond the limited number of hours of work per week, corresponding to different working arrangements and sectors. However, as a general rule, the hours per week, averaged over a period of time, should meet the statutory standard working week. Workers should receive additional pay for overtime hours above the maximum permitted hours worked in any given week.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":31,"text":"See ILO, “Working time in the twenty-first century”, report for discussion at the Tripartite Meeting of Experts on Working-time Arrangements (17-21 October 2011), para. 40, which notes that 41 per cent of countries provide for a regular 40-hour workweek."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","2. Limits on weekly hours of work"]},{"id":"e-c-12-gc-23-0038","docId":"e-c-12-gc-23","idx":38,"n":38,"text":"38. Rest during the day is important for the health and safety of workers and therefore legislation should identify and protect rest periods during the work day. Where workers operate machinery or undertake tasks that can affect the life and health of themselves and others, legislation should include mandatory rest periods. Legislation should also include specific regulations on rest periods for night workers and acknowledge certain situations, for example, those of pregnant women, lactating women who may require rest periods in order to breastfeed, or workers undergoing medical treatment. Daily rest periods should take into account possibilities for flexible working arrangements which allow for extended working days in return for an additional day of rest in a weekly or fortnightly period.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","3. Daily rest periods"]},{"id":"e-c-12-gc-23-0039","docId":"e-c-12-gc-23","idx":39,"n":39,"text":"39. All workers must enjoy weekly rest periods, in principle amounting to at least 24 consecutive hours every period of seven days,[[fn:32]] although two consecutive days of rest for workers is preferable as a general rule to ensure their health and safety. Days of rest should correspond to the customs and traditions of the country and the workers in question[[fn:33]] and apply simultaneously to all staff in the enterprise or workplace.[[fn:34]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":32,"text":"See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 2 (1); and Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 6 (1)."},{"n":33,"text":"See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 2 (3); and Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 6 (3) and 6 (4)."},{"n":34,"text":"See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 2 (2); and Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 6 (2)."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","4. Weekly rest periods"]},{"id":"e-c-12-gc-23-0040","docId":"e-c-12-gc-23","idx":40,"n":40,"text":"40. Temporary exceptions should be permissible in certain cases such as accidents, force majeure, urgent work requirements and abnormal pressure of work or to prevent the loss of perishable goods[[fn:35]] and where the nature of the service provided requires work on generally applied days of rest, such as weekend retail work. In such cases, workers should receive compensatory rest as much as possible within the seven-day work period and for at least 24 hours.[[fn:36]] Any exceptions should be agreed through consultation with workers and employers and their representative organizations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":35,"text":"See ILO Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 8 (1); see also ILO, “Working time in the twenty-first century”, para. 21."},{"n":36,"text":"See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 5; and Weekly Rest (Commerce and Offices) Convention 1957 (No. 106), art. 8 (3)."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","4. Weekly rest periods"]},{"id":"e-c-12-gc-23-0041","docId":"e-c-12-gc-23","idx":41,"n":41,"text":"41. All workers, including part-time and temporary workers, must have paid annual leave.[[fn:37]] Legislation should identify the entitlement, at a minimum, of three working weeks of paid leave for one year of full-time service. Workers should receive at least the normal pay for the corresponding period of holidays. Legislation should also specify minimum service requirements, not exceeding six months, for paid leave. In such situations, the worker should nonetheless enjoy paid leave proportionate to the period of employment. Leave due to illness or other justified reasons should not be deducted from paid annual leave.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":37,"text":"See ILO Holidays with Pay Convention (Revised), 1970 (No. 132), arts. 2, 3, 4, 5 (1), 6, 7 (1), 8 (2), 11 and 12."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","5. Paid annual leave"]},{"id":"e-c-12-gc-23-0042","docId":"e-c-12-gc-23","idx":42,"n":42,"text":"42. Part-time workers should receive paid annual leave equivalent to that of comparable full-time workers and proportionate to hours of work. A failure to include part-time workers in the scope of legislation will lead to inequality between men and women where a higher proportion of women rely on part-time work, for example, when returning to work after maternity leave.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","5. Paid annual leave"]},{"id":"e-c-12-gc-23-0043","docId":"e-c-12-gc-23","idx":43,"n":43,"text":"43. The timing for taking paid annual leave should be subject to a negotiated decision between the employer and the worker; however, legislation should set a minimum period of ideally two weeks of uninterrupted paid annual leave. Workers may not relinquish such leave, including in exchange for compensation. Upon termination of employment, workers should receive the period of annual leave outstanding or alternative compensation amounting to the same level of pay entitlement or holiday credit.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","5. Paid annual leave"]},{"id":"e-c-12-gc-23-0044","docId":"e-c-12-gc-23","idx":44,"n":44,"text":"44. Legislation should identify other forms of leave, in particular entitlements to maternity, paternity and parental leave, to leave for family reasons and to paid sick leave. Workers should not be placed on temporary contracts in order to be excluded from such leave entitlements.","labels":["Children","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","5. Paid annual leave"]},{"id":"e-c-12-gc-23-0045","docId":"e-c-12-gc-23","idx":45,"n":45,"text":"45. Workers should benefit from a set number of public holidays with payment of wages equivalent to those for a normal working day. Workers who have to work on public holidays should receive at least the same wage as on a normal working day, as well as compensatory leave corresponding to the time worked. The setting of a minimum work requirement for entitlement to paid public holidays should be prohibited by law. Paid public holidays should not be counted as part of annual leave entitlements.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","6. Paid public holidays"]},{"id":"e-c-12-gc-23-0046","docId":"e-c-12-gc-23","idx":46,"n":46,"text":"46. In the light of contemporary developments in labour law and practice, the development of a national policy on flexibility in the workplace might be appropriate. Such a policy could include flexible arrangements in the scheduling of working hours, for example through flextime, compressed working weeks and job-sharing, as well as flexibility regarding the place of work to include work at home, telework or work from a satellite work centre. Those measures can also contribute towards a better balance between work and family responsibilities, provided they respond to the different requirements and challenges faced by male and female workers. Flexible working arrangements must meet the needs of both workers and employers, and in no case should they be used to undermine the right to just and favourable conditions of work.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","7. Flexible working arrangements"]},{"id":"e-c-12-gc-23-0047","docId":"e-c-12-gc-23","idx":47,"n":47,"text":"The right to just and favourable conditions of work relates to specific workers: (a) Female workers: Progress on the three key interrelated indicators for gender equality in the context of labour rights — the “glass ceiling”, the “gender pay gap” and the “sticky floor” — remains far from satisfactory. Intersectional discrimination and the absence of a life-cycle approach regarding the needs of women lead to accumulated disadvantages that have a negative impact on the right to just and favourable conditions of work and other rights. Particular attention is needed to address occupational segregation by sex and to achieve equal remuneration for work of equal value, as well as equal opportunity for promotion, including through the introduction of temporary special measures. Any assessment of the “value” of work must avoid gender stereotypes that could undervalue work predominantly performed by women. States parties should take into account the different requirements of male and female workers. For example, specific measures might be necessary to protect the safety and health of pregnant workers in relation to travel or night work. Day-care services in the workplace and flexible working arrangements can promote equal conditions of work in practice. Workers benefiting from gender-specific measures should not be penalized in other areas. States parties must take measures to address traditional gender roles and other structural obstacles that perpetuate gender inequality; (b) Young workers and older workers: All workers should be protected against age discrimination. Young workers should not suffer wage discrimination, for example, being forced to accept low wages that do not reflect their skills. An excessive use of unpaid internships and training programmes, as well as of short-term and fixed-term contracts that negatively affect job security, career prospects and social security benefits, is not in line with the right to just and favourable conditions of work. Laws and regulations should include specific measures to protect the health and safety of young workers, including through raising the minimum age for certain types of work.[[fn:38]] Older workers should receive fair wages and equal remuneration for work of equal value, and have equal opportunity for promotion based on their experience and know-how.[[fn:39]] Specific health and safety measures might be necessary, and older workers should benefit from pre-retirement programmes, if they so wish.[[fn:40]] The cumulative effects of discrimination against female workers through the life cycle might require targeted measures to achieve equality and guarantee fair wages, equal opportunities for promotion and equal pension rights; (c) Workers with disabilities: At times, workers with disabilities require specific measures to enjoy the right to just and favourable conditions of work on an equal basis with others. Workers with disabilities should not be segregated in sheltered workshops. They should benefit from an accessible work environment and must not be denied reasonable accommodation, like workplace adjustments or flexible working arrangements. They should also enjoy equal remuneration for work of equal value and must not suffer wage discrimination due to a perceived reduced capacity for work; (d) Workers in the informal economy: Although these workers account for a significant percentage of the world’s workforce, they are often excluded from national statistics and legal protection, support and safeguards, exacerbating vulnerability. While the overall objective should be to formalize work, laws and policies should explicitly extend to workers in the informal economy and States parties should take steps to gather relevant disaggregated data so as to include this category of workers in the progressive realization of the right to just and favourable conditions of work. For that purpose, the informal economy should be included in the mandate of the respective monitoring and enforcement mechanism. Women are often overrepresented in the informal economy, for example, as casual workers, home workers or own-account workers, which in turn exacerbates inequalities in areas such as remuneration, health and safety, rest, leisure and paid leave; (e) Migrant workers: These workers, in particular if they are undocumented, are vulnerable to exploitation, long working hours, unfair wages and dangerous and unhealthy working environments. Such vulnerability is increased by abusive labour practices that give the employer control over the migrant worker’s residence status or that tie migrant workers to a specific employer. If they do not speak the national language(s), they might be less aware of their rights and unable to access grievance mechanisms. Undocumented workers often fear reprisals from employers and eventual expulsion if they seek to complain about working conditions. Laws and policies should ensure that migrant workers enjoy treatment that is no less favourable than that of national workers in relation to remuneration and conditions of work. Internal migrant workers are also vulnerable to exploitation and require legislative and other measures to ensure their right to just and favourable conditions of work; (f) Domestic workers: The vast majority of domestic workers are women. Many belong to ethnic or national minorities or are migrants. They are often isolated and can be exploited, harassed and, in some cases, notably those involving live-in domestic workers, subject to slave-like conditions. They frequently do not have the right to join trade unions or the freedom to communicate with others. Due to stereotyped perceptions, the skills required for domestic work are undervalued; as a result, it is among the lowest paid occupations. Domestic workers have the right to just and favourable conditions of work,[[fn:41]] including protection against abuse, harassment and violence, decent working conditions, paid annual leave, normal working hours, daily and weekly rest on the basis of equality with other workers, minimum wage coverage where this exists, remuneration established without discrimination based on sex, and social security. Legislation should recognize these rights for domestic workers and ensure adequate means of monitoring domestic work, including through labour inspection, and the ability of domestic workers to complain and seek remedies for violations; (g) Self-employed workers: Where unable to earn a sufficient income, such workers should have access to appropriate support measures. Self-employed female workers should benefit from maternity insurance on an equal basis with other workers.[[fn:42]] Legislation on occupational health and safety should cover self-employed workers, requiring them to undertake appropriate training programmes, and be aimed at raising their awareness on the importance of rest, leisure and limitations on working time. Small-scale farmers who rely on unpaid family labour to compensate for difficult working conditions deserve particular attention; (h) Agricultural workers: Agricultural workers often face severe socioeconomic disadvantages, forced labour, income insecurity and lack of access to basic services. At times, they are formally excluded from industrial relations and social security systems. Women agricultural workers, particularly on family farms, are often not recognized as workers and therefore not entitled to wages and social protection, to join agricultural cooperatives and to benefit from loans, credits and other measures to improve working conditions. States parties should enact laws and policies to ensure that agricultural workers enjoy treatment no less favourable than that enjoyed by other categories of workers; (i) Refugee workers: Because of their often precarious status, refugee workers remain vulnerable to exploitation, discrimination and abuse in the workplace, may be less well paid than nationals, and have longer working hours and more dangerous working conditions. States parties should enact legislation enabling refugees to work and under conditions no less favourable than for nationals; (j) Unpaid workers: Women work in activities that are significant for their households and the national economy, and they spend twice as much time as men in unpaid work. Unpaid workers, such as workers in the home or in family enterprises, volunteer workers and unpaid interns, have remained beyond the coverage of ILO conventions and national legislation. They have a right to just and favourable conditions of work and should be protected by laws and policies on occupational safety and health, rest and leisure, and reasonable limitations on working hours, as well as social security.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":38,"text":"See ILO Minimum Age Convention, 1973 (No. 138), arts. 3 and 7."},{"n":39,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 6 (1995) on the economic, social and cultural rights of older persons, para. 23."},{"n":40,"text":"Ibid., para. 24."},{"n":41,"text":"See ILO Domestic Workers Convention, 2011 (No. 189), arts. 5, 6, 7, 10, 11, 13, 14, 16 and 17."},{"n":42,"text":"See Committee on the Elimination of Discrimination against Women, communication No. 36/2012, Blok et al. v. The Netherlands, views adopted on 17 February 2014."}],"section":["II. Normative content","E. Special topics of broad application"]},{"id":"e-c-12-gc-23-0048","docId":"e-c-12-gc-23","idx":48,"n":48,"text":"48. All workers should be free from physical and mental harassment, including sexual harassment. Legislation, such as anti-discrimination laws, the penal code and labour legislation, should define harassment broadly, with explicit reference to sexual and other forms of harassment, such as on the basis of sex, disability, race, sexual orientation, gender identity and intersex status. A specific definition of sexual harassment in the workplace is appropriate, and legislation should criminalize and punish sexual harassment as appropriate. A national policy to be applied in the workplace, in both the public and private sectors, should include at least the following elements: (a) explicit coverage of harassment by and against any worker; (b) prohibition of certain acts that constitute harassment, including sexual harassment; (c) identification of specific duties of employers, managers, supervisors and workers to prevent and, where relevant, resolve and remedy harassment cases; (d) access to justice for victims, including through free legal aid; (e) compulsory training for all staff, including for managers and supervisors; (f) protection of victims, including the provision of focal points to assist them, as well as avenues of complaint and redress; (g) explicit prohibition of reprisals; (h) procedures for notification and reporting to a central public authority of claims of sexual harassment and their resolution; (i) provision of a clearly visible workplace-specific policy, developed in consultation with workers, employers and their representative organizations, and other relevant stakeholders such as civil society organizations.","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","E. Special topics of broad application","Freedom from harassment, including sexual harassment"]},{"id":"e-c-12-gc-23-0049","docId":"e-c-12-gc-23","idx":49,"n":49,"text":"49. Human rights defenders should be able to contribute to the full realization of Covenant rights for all, free from any form of harassment. States parties should respect, protect and promote the work of human rights defenders and other civil society actors towards the realization of the right to just and favourable conditions of work, including by facilitating access to information and enabling the exercise of their rights to freedom of expression, association, assembly and public participation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","E. Special topics of broad application","Freedom from harassment, including sexual harassment"]},{"id":"e-c-12-gc-23-0050","docId":"e-c-12-gc-23","idx":50,"n":50,"text":"50. States parties must comply with their core obligations and take deliberate, concrete and targeted steps towards the progressive realization of the right to just and favourable conditions of work, using maximum available resources.[[fn:43]] In addition to legislation as an indispensable step, States should also ensure the provision of judicial and other effective remedies that include, but are not limited to, administrative, financial, educational and social measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":43,"text":"Committee on Economic, Social and Cultural Rights general comment No. 3 (1990) on the nature of States parties’ obligations."}],"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0051","docId":"e-c-12-gc-23","idx":51,"n":51,"text":"51. States parties must move as expeditiously and effectively as possible towards the full implementation of the right to just and favourable conditions of work, with a level of flexibility to choose the appropriate means. Although non-State actors, such as employer and worker organizations, also have a responsibility to secure just and favourable conditions of work, particularly through collective agreements, States parties must effectively regulate and enforce that right, and sanction non-compliance by public and private employers.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0052","docId":"e-c-12-gc-23","idx":52,"n":52,"text":"52. State parties should avoid taking any deliberately retrogressive measure without careful consideration and justification. When a State party seeks to introduce retrogressive measures, for example, in response to an economic crisis, it has to demonstrate that such measures are temporary, necessary and non-discriminatory, and that they respect at least its core obligations.[[fn:44]] A State party may never justify retrogressive measures in relation to aspects of the right to just and favourable conditions of work that are subject to immediate or core obligations. States parties facing considerable difficulties in achieving progressive realization of that right due to a lack of national resources have an obligation to seek international cooperation and assistance.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":44,"text":"Letter of the Chair of the Committee to States parties on austerity measures, May 2012."}],"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0053","docId":"e-c-12-gc-23","idx":53,"n":53,"text":"53. States parties must guarantee that the right to just and favourable conditions of work is exercised without discrimination of any kind. Specifically, they have an obligation to guarantee that women enjoy conditions of work not inferior to those of men and receive equal pay for work of equal value, which requires the immediate elimination of formal and substantive discrimination.[[fn:45]] States parties must also combat all forms of unequal treatment arising from precarious employment relationships.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":45,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 20, para. 8."}],"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0054","docId":"e-c-12-gc-23","idx":54,"n":54,"text":"54. In order to ensure accountability, States parties should establish a functioning system of labour inspectorates, with the involvement of social partners, to monitor all aspects of the right to just and favourable conditions of work for all workers, including workers in the informal economy, domestic workers and agricultural workers; to provide advice to workers and employers; and to raise any abuses with competent authorities. Labour inspectorates should be independent and adequately resourced; staffed with trained professionals; able to rely on specialists and medical experts; and have the authority to enter workplaces freely and without prior notice, make recommendations to prevent or remedy problems and facilitate access to justice for victims. Penalties should apply for noncompliance with their recommendations. Labour inspectorates should focus on monitoring the rights of workers and not be used for other purposes, such as checking the migration status of workers.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0055","docId":"e-c-12-gc-23","idx":55,"n":55,"text":"55. States parties should identify indicators and benchmarks to monitor the implementation of the right to just and favourable conditions of work. Such indicators and benchmarks should address the different elements of the right to just and favourable conditions of work, be disaggregated by sex and other relevant grounds such as age, disability, nationality and urban/rural location, and cover all persons under the territorial jurisdiction of the State party or under its control. States parties should define the indicators that are most relevant to national implementation of the right, such as the incidence of occupational accidents; the ratio of women’s wages to men’s wages; the proportion of women and other underrepresented individuals in high-level positions; the proportion of workers offered continuing job training; the number of complaints of harassment received and resolved; the minimum standards for rest, leisure, hours of work and paid annual leave; and the uptake of measures to reconcile professional and family life by women and men. In selecting indicators, the Committee invites States parties to take into account available guidance, including the Office of the United Nations High Commissioner for Human Rights (OHCHR) lists of illustrative indicators with respect to articles 6 and 7 of the Covenant and ILO indicators.[[fn:46]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":46,"text":"OHCHR, Human Rights Indicators: A Guide to Measurement and Implementation (Geneva, 2012) (HR/PUB/12/5); see p. 95 of that report for an illustrative list of indicators relating to articles 6 and 7 of the Covenant. See also ILO Labour Statistics Convention, 1985 (No. 160)."}],"section":["III. Obligations","A. General obligations"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0056","docId":"e-c-12-gc-23","idx":56,"n":56,"text":"56. The Committee underlines the importance of consultation in formulating, implementing, reviewing and monitoring laws and policies related to the right to just and favourable conditions of work, not only with traditional social partners such as workers and employers and their representative organizations, but also with other relevant organizations, such as those representing persons with disabilities, younger and older persons, women, workers in the informal economy, migrants and lesbian, gay, bisexual, transgender and intersex persons, as well as representatives of ethnic groups and indigenous communities.","labels":["Indigenous peoples","Migrants","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0057","docId":"e-c-12-gc-23","idx":57,"n":57,"text":"57. Any person who has experienced a violation of the right to just and favourable conditions of work should have access to effective judicial or other appropriate remedies, including adequate reparation, restitution, compensation, satisfaction or guarantees of nonrepetition. Access to remedy should not be denied on the grounds that the affected person is an irregular migrant. Not only courts, but also national human rights institutions, labour inspectorates and other relevant mechanisms, should have authority to address such violations. States should review and, if necessary, reform their legislation and codes of procedure to ensure access to remedies, as well as procedural fairness. Legal assistance for obtaining remedies should be available and it should be free for those who are unable to pay.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0058","docId":"e-c-12-gc-23","idx":58,"n":58,"text":"58. The right to just and favourable conditions of work imposes three levels of obligations on States parties. First, State parties have an obligation to respect the right by refraining from interfering directly or indirectly with its enjoyment. This is particularly important when the State is the employer, including in State-owned or State-controlled enterprises. For example, States parties should not introduce salary scales that discriminate, directly or indirectly, against female workers, or maintain a promotion system in the public sector that favours, directly or indirectly, the overrepresented gender at higher levels. States parties should take measures to prevent and remedy occupational accidents and disease resulting from their acts or omissions. States parties should also respect collective agreements aimed at introducing and maintaining just and favourable conditions of work and review legislation, including corporate laws and regulations, to ensure that it does not constrain that right.[[fn:47]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":47,"text":"See Guiding Principles on Business and Human Rights, principle 3 (b)."}],"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0059","docId":"e-c-12-gc-23","idx":59,"n":59,"text":"59. The obligation to protect requires States parties to take measures to ensure that third parties, such as private sector employers and enterprises, do not interfere with the enjoyment of the right to just and favourable conditions of work and comply with their obligations. This includes taking steps to prevent, investigate, punish and redress abuse through effective laws and policies and adjudication. For example, States should ensure that laws, policies and regulations governing the right to just and favourable conditions of work, such as a national occupational safety and health policy, or legislation on minimum wage and minimum standards for working conditions, are adequate and effectively enforced.[[fn:48]] States parties should impose sanctions and appropriate penalties on third parties, including adequate reparation, criminal penalties, pecuniary measures such as damages, and administrative measures, in the event of violation of any of the elements of the right. They should also refrain from procuring goods and services from individuals and enterprises that abuse the right. State parties should ensure that the mandates of labour inspectorates and other investigation and protection mechanisms cover conditions of work in the private sector and provide guidance to employers and enterprises. Measures to protect should also cover the informal sector. Certain workers, such as domestic workers, may require specific measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":48,"text":"Ibid., principle 3."}],"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0060","docId":"e-c-12-gc-23","idx":60,"n":60,"text":"60. The obligation to fulfil requires States parties to adopt the measures necessary to ensure the full realization of the right to just and favourable conditions of work. This includes introducing measures to facilitate, promote and provide that right, including through collective bargaining and social dialogue.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0061","docId":"e-c-12-gc-23","idx":61,"n":61,"text":"61. In order to facilitate the right to just and favourable conditions of work, States parties should adopt positive measures to assist workers by according sufficient recognition of the right through laws, policies and regulations, for example, on non-discrimination, a non-derogable minimum wage, occupational safety and health, compulsory insurance coverage, minimum standards for rest, leisure, limitations on working hours, paid annual and other leave and public holidays. States parties should also introduce quotas or other temporary special measures to enable women and other members of groups that have experienced discrimination to reach high-level posts and provide incentives for the private sector to do so.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0062","docId":"e-c-12-gc-23","idx":62,"n":62,"text":"62. To help assess the enjoyment of the right to just and favourable conditions of work, States parties should establish obligatory notification schemes in the event of occupational accidents and disease, as well as mechanisms to assess systematically the level of the minimum wage, fair wages and the gender pay gap between men and women within organizations in the public and private sectors, including in high-level posts. States parties should also periodically review the impact of laws and policies, in consultation with workers and employers, with a view to updating standards in the light of practice. For example, the national policy on occupational safety and health should include a built-in periodic review mechanism. States parties should promote the extension of protective regimes to sectors at risk; introduce schemes that allow for coverage of informal workers, coupled with measures to regularize the informal economy; create adequate dialogue mechanisms to raise pertinent issues; and introduce incentives to overcome the gender pay gap, including through initiatives to alleviate the burden of reproductive work on women, for example, by promoting access to goods and services, such as day-care facilities and nontransferable parental leave for men.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0063","docId":"e-c-12-gc-23","idx":63,"n":63,"text":"63. In order to promote the right to just and favourable conditions of work, State parties should take steps to ensure appropriate education, information and public awareness. With a view to creating equal opportunities for workers to advance in both the private and public sectors, States parties should put in place training programmes and information campaigns, also targeting employers, in relevant languages and accessible formats for persons with disabilities and illiterate workers. Attention should be paid to the need for gender-sensitive training on the occupational health and safety of workers.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0064","docId":"e-c-12-gc-23","idx":64,"n":64,"text":"64. States parties must also provide aspects of the right to just and favourable conditions of work when workers are unable to realize the right themselves. They have a role in creating an enabling labour market environment and should, for example, adapt the workplace and equipment for persons with disabilities in the public sector and provide incentives for the private sector to do so. States could establish non-contributory social security programmes for certain workers, such as workers in the informal economy, to provide benefits and protection against accidents and disease at work.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0065","docId":"e-c-12-gc-23","idx":65,"n":65,"text":"States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of the right to just and favourable conditions of work. Specifically, this requires States parties to: (a) Guarantee through law the exercise of the right without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability, age, sexual orientation, gender identity, intersex status, health, nationality or any other status; (b) Put in place a comprehensive system to combat gender discrimination at work, including with regard to remuneration; (c) Establish in legislation and in consultation with workers and employers, their representative organizations and other relevant partners, minimum wages that are non-discriminatory and non-derogable, fixed by taking into consideration relevant economic factors and indexed to the cost of living so as to ensure a decent living for workers and their families; (d) Adopt and implement a comprehensive national policy on occupational safety and health; (e) Define and prohibit harassment, including sexual harassment, at work through law, ensure appropriate complaints procedures and mechanisms and establish criminal sanctions for sexual harassment; (f) Introduce and enforce minimum standards in relation to rest, leisure, reasonable limitation of working hours, paid leave and public holidays.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","C. Core obligations"]},{"id":"e-c-12-gc-23-0066","docId":"e-c-12-gc-23","idx":66,"n":66,"text":"66. All States must take steps individually and through international assistance and cooperation, especially economic and technical, with a view to achieving progressively the full realization of the right to just and favourable conditions of work. This is particularly incumbent upon those States which are in a position to assist others in this regard. International assistance and cooperation is a means of transferring knowledge and technology and a tool for States to maximize available resources for the full realization of Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0067","docId":"e-c-12-gc-23","idx":67,"n":67,"text":"67. When a State party is not in a position to meet its obligations to realize the right to just and favourable conditions of work, it must seek international assistance. Depending on the availability of resources, States parties should respond to such requests by providing economic and technical assistance and technology transfer and by promoting transnational dialogue between employer and worker organizations, among other measures. Such assistance should be sustainable, culturally appropriate and provided in a manner consistent with human rights standards. Economically developed States parties have a special responsibility for, and interest in, assisting developing countries in this regard.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0068","docId":"e-c-12-gc-23","idx":68,"n":68,"text":"68. States parties should avail themselves of the technical assistance and cooperation of international organizations, in particular ILO. When preparing reports, States parties should use the extensive information and advisory services provided by ILO for data collection and disaggregation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0069","docId":"e-c-12-gc-23","idx":69,"n":69,"text":"69. States parties must refrain from acts or omissions that interfere, either directly or indirectly, with the realization of the right to just and favourable conditions of work in other countries. This is particularly relevant when a State party owns or controls an enterprise or provides substantial support and services to an enterprise operating in another State party.[[fn:49]] To this end, the State party should respect relevant host-country legislation that complies with the Covenant. When the home country has stronger legislation, the State party should seek to maintain similar minimum standards in the host country as much as practicable. State parties should also require respect for the right to just and favourable conditions of work by individuals and enterprises based extraterritorially with which they conduct commercial transactions.[[fn:50]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":49,"text":"Ibid., principle 4."},{"n":50,"text":"Ibid., principle 6."}],"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0070","docId":"e-c-12-gc-23","idx":70,"n":70,"text":"70. States parties should take measures, including legislative measures, to clarify that their nationals, as well as enterprises domiciled in their territory and/or jurisdiction, are required to respect the right to just and favourable conditions of work throughout their operations extraterritorially.[[fn:51]] This responsibility is particularly important in States with advanced labour law systems, as home-country enterprises can help to improve standards for working conditions in host countries. Similarly, in conflict and post-conflict situations, States parties can have an important regulatory and enforcement role and support individuals and enterprises in identifying, preventing and mitigating risks to just and favourable conditions of work through their operations.[[fn:52]] States parties should introduce appropriate measures to ensure that non-State actors domiciled in the State party are accountable for violations of the right to just and favourable conditions of work extraterritorially and that victims have access to remedy. States parties should also provide guidance to employers and enterprises on how to respect the right extraterritorially.[[fn:53]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":51,"text":"Ibid., principle 2."},{"n":52,"text":"Ibid., principle 7 (a)."},{"n":53,"text":"Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights (2011)."}],"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0071","docId":"e-c-12-gc-23","idx":71,"n":71,"text":"71. States parties acting as members of relevant international organizations should also respect the right to just and favourable conditions of work. States parties that are members of international financial institutions, notably the International Monetary Fund, the World Bank and regional development banks, should take steps to ensure that the right is taken into account in their lending policies, credit agreements and other international measures. They should also ensure that the policies and practices of international and regional financial institutions, in particular those concerning structural and/or fiscal adjustment, promote and do not interfere with the right.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0072","docId":"e-c-12-gc-23","idx":72,"n":72,"text":"72. States parties should ensure that the right to just and favourable conditions of work is given due attention in the conclusion and implementation of international agreements, including in bilateral, regional and multilateral trade and investment agreements. Similarly, States parties should ensure that other international agreements do not negatively affect the right to just and favourable conditions of work, for example, by restricting the actions that other States parties could take to implement the right. States parties that have not done so should consider ratifying core human rights treaties and relevant ILO conventions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0073","docId":"e-c-12-gc-23","idx":73,"n":73,"text":"73. States parties should cooperate so as to protect the rights of their nationals working in other States parties, including through bilateral agreements with host countries and the sharing of recruitment practices. This is particularly important to avoid abuse of migrant workers, including domestic workers, and to combat trafficking in persons. Similarly, States parties should seek international cooperation to protect the rights of migrant workers who are employed by enterprises registered in other States parties so as to enable such workers to enjoy just and favourable conditions of work.","labels":["Migrants","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0074","docId":"e-c-12-gc-23","idx":74,"n":74,"text":"74. While only States are parties to the Covenant, business enterprises, trade unions and all members of society have responsibilities to realize the right to just and favourable conditions of work. This is particularly important in the case of occupational safety and health, given that the employer’s responsibility for the safety and health of workers is a basic principle of labour law, intrinsically related to the employment contract, but it also applies to other elements of the right to just and favourable conditions of work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","E. Obligations of non-State actors"]},{"id":"e-c-12-gc-23-0075","docId":"e-c-12-gc-23","idx":75,"n":75,"text":"75. Business enterprises, irrespective of size, sector, ownership and structure,[[fn:54]] should comply with laws that are consistent with the Covenant and have a responsibility to respect the right to just and favourable conditions of work,[[fn:55]] avoiding any infringements and addressing any abuse of the right as a result of their actions. In situations in which a business enterprise has caused or contributed to adverse impacts, the enterprise should remedy the damage or cooperate in its remediation through legitimate processes that meet recognized standards of due process.[[fn:56]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":54,"text":"See Guiding Principles on Business and Human Rights, principle 14."},{"n":55,"text":"Ibid., principles 11, 12 and 23."},{"n":56,"text":"Ibid., principle 22."}],"section":["III. Obligations","E. Obligations of non-State actors"]},{"id":"e-c-12-gc-23-0076","docId":"e-c-12-gc-23","idx":76,"n":76,"text":"76. The role of United Nations agencies and programmes, in particular ILO, is also important. In conformity with articles 22 and 23 of the Covenant, ILO and other United Nations specialized agencies, the World Bank, regional development banks, the International Monetary Fund, the World Trade Organization and other relevant bodies, as well as the United Nations Secretariat, including OHCHR, should cooperate effectively with States parties in the implementation of the right to just and favourable conditions of work. When examining State party reports, the Committee will consider the effects of any request for assistance by the State party concerning the enjoyment of the right, as well as the response given.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","E. Obligations of non-State actors"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-c-12-gc-23-0077","docId":"e-c-12-gc-23","idx":77,"n":77,"text":"77. States parties must demonstrate that they have taken all steps necessary towards the realization of the right within their maximum available resources, that the right is enjoyed without discrimination and that women enjoy conditions of work not inferior to men, as well as equal pay for equal work and for work of equal value. A failure to take such steps amounts to a violation of the Covenant. In assessing whether States parties have complied with their obligation to take such steps, the Committee examines whether steps taken are reasonable and proportionate and whether they comply with human rights standards and democratic principles.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Violations and remedies"]},{"id":"e-c-12-gc-23-0078","docId":"e-c-12-gc-23","idx":78,"n":78,"text":"78. Violations of the right to just and favourable conditions of work can occur through acts of commission, which means direct actions of States parties. Adoption of labour migration policies that increase the vulnerability of migrant workers to exploitation, failure to prevent unfair dismissal from work of pregnant workers in public service, and introduction of deliberately retrogressive measures that are incompatible with core obligations are all examples of such violations.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Violations and remedies"]},{"id":"e-c-12-gc-23-0079","docId":"e-c-12-gc-23","idx":79,"n":79,"text":"79. Violations can also occur through acts of omission, which means the failure by a State party to take reasonable steps to fully realize the right for everyone, for example by failing to enforce relevant laws and implement adequate policies, or to regulate the activities of individuals and groups to prevent them from violating the right, or to take into account its Covenant obligations when entering into bilateral or multilateral agreements with other States, international organizations or multinational corporations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Violations and remedies"]},{"id":"e-c-12-gc-23-0080","docId":"e-c-12-gc-23","idx":80,"n":80,"text":"80. States parties must put into place an adequate monitoring and accountability framework by ensuring access to justice or to other effective remedies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Violations and remedies"]},{"id":"e-c-12-gc-24-0001","docId":"e-c-12-gc-24","idx":1,"n":1,"text":"Businesses play an important role in the realization of economic, social and cultural rights, inter alia by contributing to the creation of employment opportunities and — through private investment — to development. However, the Committee on Economic, Social and Cultural Rights has been regularly presented with situations in which, as a result of States’ failure to ensure compliance, under their jurisdiction, with internationally recognized human rights norms and standards, corporate activities have negatively affected economic, social and cultural rights. The present general comment seeks to clarify the duties of States parties to the International Covenant on Economic, Social and Cultural Rights in such situations, with a view to preventing and addressing the adverse impacts of business activities on human rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["I. Introduction"]},{"id":"e-c-12-gc-24-0002","docId":"e-c-12-gc-24","idx":2,"n":2,"text":"The Committee has previously considered the growing impact of business activities on the enjoyment of specific Covenant rights relating to health,[[fn:1]] housing,[[fn:2]] food,[[fn:3]] water,[[fn:4]] social security,[[fn:5]] the right to work,[[fn:6]] the right to just and favourable conditions of work[[fn:7]] and the right to form and join trade unions.[[fn:8]] In addition, the Committee has addressed the issue in concluding observations[[fn:9]] on States parties’ reports, and in its first decision on an individual communication.[[fn:10]] In 2011, it adopted a statement on State obligations related to corporate responsibilities in the context of the Covenant rights.[[fn:11]] The present general comment should be read together with these earlier contributions. It also takes into account advances within the International Labour Organization[[fn:12]] and within regional organizations such as the Council of Europe.[[fn:13]] In adopting the present general comment, the Committee has considered the Guiding Principles on Business and Human Rights endorsed by the Human Rights Council in 2011,[[fn:14]] as well as the contributions made to this issue by human rights treaty bodies and various special procedures.[[fn:15]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":1,"text":"See the Committee’s general comment No. 14 (2000) on the right to the highest attainable standard of health, paras. 26 and 35."},{"n":2,"text":"See the Committee’s general comment No. 4 (1991) on the right to adequate housing, para. 14."},{"n":3,"text":"See the Committee’s general comment No. 12 (1999) on the right to adequate food, paras. 19 and 20."},{"n":4,"text":"See the Committee’s general comment No. 15 (2002) on the right to water, para. 49."},{"n":5,"text":"See the Committee’s general comment No. 19 (2007) on the right to social security, paras. 45, 46 and 71."},{"n":6,"text":"See the Committee’s general comment No. 18 (2005) on the right to work, para. 52."},{"n":7,"text":"See the Committee’s general comment No. 23 (2016) on the right to just and favourable conditions of work, paras. 74 and 75."},{"n":8,"text":"See E/C.12/AZE/CO/3, para. 15."},{"n":9,"text":"See E/C.12/CAN/CO/6, paras. 15 and 16; E/C.12/VNM/CO/2-4, paras. 22 and 29; and E/C.12/DEU/CO/5, paras. 9-11."},{"n":10,"text":"Communication No. 2/2014, I.D.G. v. Spain, Views adopted on 17 June 2015."},{"n":11,"text":"See E/C.12/2011/1, para. 7."},{"n":12,"text":"The International Labour Organization (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, initially adopted in 1977 and last revised in 2017, encourages positive contributions by enterprises to society for implementation of the principles underlying international labour standards."},{"n":13,"text":"See recommendation CM/Rec(2016)3 of the Committee of Ministers of the Council of Europe, on human rights and business, adopted on 2 March 2016 at the 1249th meeting of the Ministers’ Deputies."},{"n":14,"text":"See A/HRC/17/31, endorsed by the Human Rights Council in its resolution 17/4."},{"n":15,"text":"See A/HRC/4/35/Add.1."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-24-0003","docId":"e-c-12-gc-24","idx":3,"n":3,"text":"For the purposes of the present general comment, business activities include all activities of business entities, whether they operate transnationally or their activities are purely domestic, whether they are fully privately owned or State-owned, and regardless of their size, sector, location, ownership and structure.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["II. Context and scope"]},{"id":"e-c-12-gc-24-0004","docId":"e-c-12-gc-24","idx":4,"n":4,"text":"4. In certain jurisdictions, individuals enjoy direct recourse against business entities for violations of economic, social and cultural rights, whether in order to impose on such private entities (negative) duties to refrain from certain courses of conduct or to impose (positive) duties to adopt certain measures or to contribute to the fulfilment of such rights.[[fn:16]] There are also a large number of domestic laws designed to protect specific economic, social and cultural rights, that apply directly to business entities, such as in the areas of non-discrimination, health-care provision, education, the environment, employment relations and consumer safety.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":16,"text":"See, for example, the Constitutional Court of South Africa, Daniels v. Scribante and others, case CCT 50/16, judgment of 11 May 2017, paras. 37-39 (leading judgment by J. Madlanga) (positive duties imposed on the owner to ensure the right to security of tenure in conditions that comply with the requirements of human dignity)."}],"section":["II. Context and scope"]},{"id":"e-c-12-gc-24-0005","docId":"e-c-12-gc-24","idx":5,"n":5,"text":"5. In addition, under international standards, business entities are expected to respect Covenant rights regardless of whether domestic laws exist or are fully enforced in practice.[[fn:17]] The present general comment therefore also seeks to assist the corporate sector in discharging their human rights obligations and assuming their responsibilities, thus mitigating any reputational risks that may be associated with violations of Covenant rights within their sphere of influence.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":17,"text":"Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, principle 11 and commentary."}],"section":["II. Context and scope"]},{"id":"e-c-12-gc-24-0006","docId":"e-c-12-gc-24","idx":6,"n":6,"text":"6. The present general comment could also assist workers’ organizations and employers in the context of collective bargaining. A large number of States parties require workplace procedures for the examination of grievances brought by workers, individually or collectively, without threat of reprisal.[[fn:18]] Social dialogue and the availability of grievance mechanisms for workers could be more systematically relied upon, particularly for the implementation of articles 6 and 7 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":18,"text":"See the ILO Examination of Grievances Recommendation, 1967 (No. 130)."}],"section":["II. Context and scope"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-24-0007","docId":"e-c-12-gc-24","idx":7,"n":7,"text":"7. The Committee has previously underlined that discrimination in the exercise of economic, social and cultural rights is frequently found in private spheres, including in workplaces and the labour market[[fn:19]] and in the housing and lending sectors.[[fn:20]] Under articles 2 and 3 of the Covenant, States parties have the obligation to guarantee the enjoyment of Covenant rights to all without discrimination.[[fn:21]] The requirement to eliminate formal as well as substantive forms of discrimination[[fn:22]] includes a duty to prohibit discrimination by non-State entities in the exercise of economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":19,"text":"See, for example, the Committee’s general comment No. 18, paras. 13 and 14; the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 32; the Committee’s general comment No. 6 (1995) on the economic, social and cultural rights of older persons, para. 22; and the Committee’s general comment No. 4, para. 8 (e)."},{"n":20,"text":"See the Committee’s general comment No. 4, para. 17; and general comment No. 20, para. 11."},{"n":21,"text":"See the Committee’s general comment No. 20, paras. 7 and 8."},{"n":22,"text":"Ibid., paras. 8 and 11."}],"section":["III. Obligations of States parties under the Covenant","A. Obligations of non-discrimination"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-24-0008","docId":"e-c-12-gc-24","idx":8,"n":8,"text":"8. Among the groups that are often disproportionately affected by the adverse impact of business activities are women, children, indigenous peoples, particularly in relation to the development, utilization or exploitation of lands and natural resources,[[fn:23]] peasants, fisherfolk and other people working in rural areas, and ethnic or religious minorities where these minorities are politically disempowered. Persons with disabilities are also often disproportionately affected by the negative impacts of business activities, in particular because they face particular barriers in accessing accountability and remedy mechanisms. As noted by the Committee on previous occasions, asylum seekers and undocumented migrants are at particular risk of facing discrimination in the enjoyment of Covenant rights due to their precarious situation, and under article 7 of the Covenant, migrant workers are particularly vulnerable to exploitation, long working hours, unfair wages and dangerous and unhealthy working environments.[[fn:24]]","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":23,"text":"See the United Nations Declaration on the Rights of Indigenous Peoples (A/RES/61/295, annex, art. 32 (2))."},{"n":24,"text":"See E/C.12/2017/1 for the Committee’s statement on the duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights; and the Committee’s general comment No. 23, para. 47 (e)."}],"section":["III. Obligations of States parties under the Covenant","A. Obligations of non-discrimination"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-24-0009","docId":"e-c-12-gc-24","idx":9,"n":9,"text":"9. Certain segments of the population face a greater risk of suffering intersectional and multiple discrimination.[[fn:25]] For instance, investment-linked evictions and displacements often result in physical and sexual violence against, and inadequate compensation and additional burdens related to resettlement for, women and girls.[[fn:26]] In the course of such investment-linked evictions and displacements, indigenous women and girls face discrimination both due to their gender and because they identify as indigenous people. In addition, women are overrepresented in the informal economy and are less likely to enjoy labour-related and social security protections.[[fn:27]] Furthermore, despite some improvement, women continue to be underrepresented in corporate decision-making processes worldwide.[[fn:28]] The Committee therefore recommends that States parties address the specific impacts of business activities on women and girls, including indigenous women and girls, and incorporate a gender perspective into all measures to regulate business activities that may adversely affect economic, social and cultural rights, including by consulting the Guidance on National Action Plans on Business and Human Rights.[[fn:29]] States parties should also take appropriate steps, including through temporary special measures, to improve women’s representation in the labour market, including at the upper echelons of the corporate hierarchy.","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":25,"text":"See the Committee’s general comment No. 20, para. 17."},{"n":26,"text":"Office of the United Nations High Commissioner for Human Rights (OHCHR) and United Nations Human Settlements Programme (UN-Habitat), Forced Evictions, Fact Sheet No. 25/Rev.1 (2014), p. 16."},{"n":27,"text":"See A/HRC/26/39, paras. 48-50. See also the guidance to States on how to adopt measures to promote workers’ rights and social protection in the informal economy while encouraging a transition to the formal economy, provided in the ILO Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204)."},{"n":28,"text":"See A/HRC/26/39, paras. 57-62."},{"n":29,"text":"By the Working Group on the issue of human rights and transnational corporations and other business enterprises (Working Group on Business and Human Rights) (November 2016)."}],"section":["III. Obligations of States parties under the Covenant","A. Obligations of non-discrimination"]},{"id":"e-c-12-gc-24-0010","docId":"e-c-12-gc-24","idx":10,"n":10,"text":"10. The Covenant establishes specific obligations of States parties at three levels — to respect, to protect and to fulfil. These obligations apply both with respect to situations on the State’s national territory, and outside the national territory in situations over which States parties may exercise control. The extraterritorial components of the obligations are addressed separately in subsection III. C below. That section clarifies the content of States’ obligations, focusing on their duties to protect, which are the most relevant in the context of business activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil"]},{"id":"e-c-12-gc-24-0011","docId":"e-c-12-gc-24","idx":11,"n":11,"text":"11. The present general comment addresses the States parties to the Covenant, and in that context it only deals with the conduct of private actors — including business entities — indirectly. In accordance with international law, however, States parties may be held directly responsible for the action or inaction of business entities: (a) if the entity concerned is in fact acting on that State party’s instructions or is under its control or direction in carrying out the particular conduct at issue,[[fn:30]] as may be the case in the context of public contracts;[[fn:31]] (b) when a business entity is empowered under the State party’s legislation to exercise elements of governmental authority[[fn:32]] or if the circumstances call for such exercise of governmental functions in the absence or default of the official authorities;[[fn:33]] or (c) if and to the extent that the State party acknowledges and adopts the conduct as its own.[[fn:34]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":30,"text":"See A/56/10 for articles on responsibility of States for internationally wrongful acts, with commentaries adopted by the International Law Commission, art. 8. See also General Assembly resolutions 56/83, 59/35, 62/61, 65/19 and 68/104."},{"n":31,"text":"In particular, the responsibility of the State may be engaged if it fails to include labour clauses in public contracts to ensure the appropriate protection of workers employed by private contractors awarded such contracts. In this regard, States are referred to the ILO Labour Clauses (Public Contracts) Convention, 1949 (No. 94) and the ILO Labour Clauses (Public Contracts) Recommendation, 1949 (No. 84)."},{"n":32,"text":"Articles on responsibility of States for internationally wrongful acts, art. 5."},{"n":33,"text":"Ibid., art. 9."},{"n":34,"text":"Ibid., art. 11."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil"]},{"id":"e-c-12-gc-24-0012","docId":"e-c-12-gc-24","idx":12,"n":12,"text":"12. The obligation to respect economic, social and cultural rights is violated when States parties prioritize the interests of business entities over Covenant rights without adequate justification, or when they pursue policies that negatively affect such rights. This may occur for instance when forced evictions are ordered in the context of investment projects.[[fn:35]] Indigenous peoples’ cultural values and rights associated with their ancestral lands are particularly at risk.[[fn:36]] States parties and businesses should respect the principle of free, prior and informed consent of indigenous peoples in relation to all matters that could affect their rights, including their lands, territories and resources that they have traditionally owned, occupied or otherwise used or acquired.[[fn:37]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":35,"text":"See the Committee’s general comment No. 7 (1997) on forced evictions, paras. 7 and 18; and OHCHR and UN-Habitat, Forced Evictions, Fact Sheet No. 25/Rev.1, pp. 28 and 29. See also, for example, A/HRC/25/54/Add.1, paras. 55 and 59-63."},{"n":36,"text":"See the Committee’s general comment No. 21 (2009) on the right of everyone to take part in cultural life, para. 36. See also the United Nations Declaration on the Rights of Indigenous Peoples, art. 26."},{"n":37,"text":"See the United Nations Declaration on the Rights of Indigenous Peoples, arts. 10, 19, 28, 29 and 32."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","1. Obligation to respect"]},{"id":"e-c-12-gc-24-0013","docId":"e-c-12-gc-24","idx":13,"n":13,"text":"13. States parties should identify any potential conflict between their obligations under the Covenant and under trade or investment treaties, and refrain from entering into such treaties where such conflicts are found to exist,[[fn:38]] as required under the principle of the binding character of treaties.[[fn:39]] The conclusion of such treaties should therefore be preceded by human rights impact assessments that take into account both the positive and negative human rights impacts of trade and investment treaties, including the contribution of such treaties to the realization of the right to development. Such impacts on human rights of the implementation of the agreements should be regularly assessed, to allow for the adoption of any corrective measures that may be required. The interpretation of trade and investment treaties currently in force should take into account the human rights obligations of the State, consistent with Article 103 of the Charter of the United Nations and with the specific nature of human rights obligations.[[fn:40]] States parties cannot derogate from the obligations under the Covenant in trade and investment treaties that they may conclude. They are encouraged to insert, in future treaties, a provision explicitly referring to their human rights obligations, and to ensure that mechanisms for the settlement of investor-State disputes take human rights into account in the interpretation of investment treaties or of investment chapters in trade agreements.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":38,"text":"See A/HRC/19/59/Add.5. See also recommendation CM/Rec(2016)3 of the Committee of Ministers of the Council of Europe, appendix, para. 23."},{"n":39,"text":"See the Vienna Convention on the Law of Treaties, arts. 26 and 30 (4) (b)."},{"n":40,"text":"Inter-American Court of Human Rights, Sawhoyamaxa Indigenous Community v. Paraguay (judgment of 29 March 2006, Series C No. 146), para. 140."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","1. Obligation to respect"],"citedArticles":[{"article":"103","treaty":"?","confidence":"high","source":"opus","rationale":"'Article 103 of the Charter of the United Nations'; UN Charter, non-treaty."}]},{"id":"e-c-12-gc-24-0014","docId":"e-c-12-gc-24","idx":14,"n":14,"text":"14. The obligation to protect means that States parties must prevent effectively infringements of economic, social and cultural rights in the context of business activities. This requires that States parties adopt legislative, administrative, educational and other appropriate measures, to ensure effective protection against Covenant rights violations linked to business activities, and that they provide victims of such corporate abuses with access to effective remedies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0015","docId":"e-c-12-gc-24","idx":15,"n":15,"text":"15. States parties should consider imposing criminal or administrative sanctions and penalties, as appropriate, where business activities result in abuses of Covenant rights or where a failure to act with due diligence to mitigate risks allows such infringements to occur; enable civil suits and other effective means of claiming reparations by victims of rights violations against corporate perpetrators, in particular by lowering the costs to victims and by allowing forms of collective redress; revoke business licences and subsidies, if and to the extent necessary, from offenders; and revise relevant tax codes, public procurement contracts,[[fn:41]] export credits and other forms of State support, privileges and advantages in case of human rights violations, thus aligning business incentives with human rights responsibilities. States parties should regularly review the adequacy of laws and identify and address compliance and information gaps, as well as emerging problems.[[fn:42]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":41,"text":"See the conclusions attached to the resolution concerning decent work in global supply chains, adopted by the General Conference of the International Labour Organization at its 105th session, para. 16 (c)."},{"n":42,"text":"Guiding Principles on Business and Human Rights, principle 17 (c). See A/HRC/32/19.Add.1, para. 5, for the model terms of reference for a review of the coverage and effectiveness of laws relevant to business-related human rights abuses; and A/HRC/32/19, annex, for the guidance to improve corporate accountability and access to judicial remedy for business-related human rights abuse. See also Human Rights Council resolution 32/10."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0016","docId":"e-c-12-gc-24","idx":16,"n":16,"text":"16. The obligation to protect entails a positive duty to adopt a legal framework requiring business entities to exercise human rights due diligence in order to identify, prevent and mitigate the risks of violations of Covenant rights, to avoid such rights being abused, and to account for the negative impacts caused or contributed to by their decisions and operations and those of entities they control on the enjoyment of Covenant rights.[[fn:43]] States should adopt measures such as imposing due diligence requirements to prevent abuses of Covenant rights in a business entity’s supply chain and by subcontractors, suppliers, franchisees, or other business partners.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":43,"text":"Guiding Principles on Business and Human Rights, principles 15 and 17."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0017","docId":"e-c-12-gc-24","idx":17,"n":17,"text":"17. States parties should ensure that, where appropriate, the impacts of business activities on indigenous peoples specifically (in particular, actual or potential adverse impacts on indigenous peoples’ rights to land, resources, territories, cultural heritage, traditional knowledge and culture) are incorporated into human rights impact assessments.[[fn:44]] In exercising human rights due diligence, businesses should consult and cooperate in good faith with the indigenous peoples concerned through indigenous peoples’ own representative institutions in order to obtain their free, prior and informed consent before the commencement of activities.[[fn:45]] Such consultations should allow for identification of the potentially negative impact of the activities and of the measures to mitigate and compensate for such impact. They should also lead to design mechanisms for sharing the benefits derived from the activities, since companies are bound by their duty to respect indigenous rights to establish mechanisms that ensure that indigenous peoples share in the benefits generated by the activities developed on their traditional territories.[[fn:46]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":44,"text":"See A/68/279, para. 31; A Business Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, p. 15; A/HRC/33/42; and A/66/288, paras. 92-102."},{"n":45,"text":"A Business Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, p. 16; and the United Nations Declaration on the Rights of Indigenous Peoples, art. 19."},{"n":46,"text":"See A/66/288, para. 102."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0018","docId":"e-c-12-gc-24","idx":18,"n":18,"text":"18. States would violate their duty to protect Covenant rights, for instance, by failing to prevent or to counter conduct by businesses that leads to such rights being abused, or that has the foreseeable effect of leading to such rights being abused, for instance through lowering the criteria for approving new medicines,[[fn:47]] by failing to incorporate a requirement linked to reasonable accommodation of persons with disabilities in public contracts, by granting exploration and exploitation permits for natural resources without giving due consideration to the potential adverse impacts of such activities on the individual and on communities’ enjoyment of Covenant rights, by exempting certain projects or certain geographical areas from the application of laws that protect Covenant rights, or by failing to regulate the real estate market and the financial actors operating on that market so as to ensure access to affordable and adequate housing for all.[[fn:48]] Such violations are facilitated where insufficient safeguards exist to address corruption of public officials or private-to-private corruption, or where, as a result of corruption of judges, human rights abuses are left unremedied.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":47,"text":"See A/63/263 and A/HRC/11/12."},{"n":48,"text":"See A/HRC/34/51, paras. 62-66."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0019","docId":"e-c-12-gc-24","idx":19,"n":19,"text":"19. The obligation to protect sometimes necessitates direct regulation and intervention. States parties should consider measures such as restricting marketing and advertising of certain goods and services in order to protect public health,[[fn:49]] such as of tobacco products, in line with the Framework Convention on Tobacco Control,[[fn:50]] and of breast-milk substitutes, in accordance with the 1981 International Code of Marketing of Breast-milk Substitutes and subsequent resolutions of the World Health Assembly;[[fn:51]] combating gender role stereotyping and discrimination;[[fn:52]] exercising rent control in the private housing market as required for the protection of everyone’s right to adequate housing;[[fn:53]] establishing a minimum wage consistent with a living wage and a fair remuneration;[[fn:54]] regulating other business activities concerning the Covenant rights to education, employment and reproductive health, in order to combat gender discrimination effectively;[[fn:55]] and gradually eliminating informal or “non-standard” (i.e. precarious) forms of employment, which often result in denying the workers concerned the protection of labour laws and social security.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":49,"text":"See the Convention on the Rights of the Child; Committee on the Rights of the Child, general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, paras. 14, 19, 20, 56 and 57; World Health Organization, Set of Recommendations on the Marketing of Foods and Non-Alcoholic Beverages to Children (2010); and World Health Organization, A Framework for Implementing the Set of Recommendations on the Marketing of Foods and Non-Alcoholic Beverages to Children (2012)."},{"n":50,"text":"Of the World Health Organization."},{"n":51,"text":"See A/HRC/19/59, para. 16."},{"n":52,"text":"See the Convention on the Elimination of All Forms of Discrimination against Women, art. 5."},{"n":53,"text":"See the Committee’s general comment No. 4, para. 8 (c)."},{"n":54,"text":"See the Committee’s general comment No. 23, paras. 10-16 and 19-24."},{"n":55,"text":"See the Convention on the Elimination of All Forms of Discrimination against Women, general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, para. 13."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0020","docId":"e-c-12-gc-24","idx":20,"n":20,"text":"20. Corruption constitutes one of the major obstacles to the effective promotion and protection of human rights, particularly as regards the activities of businesses.[[fn:56]] It also undermines a State’s ability to mobilize resources for the delivery of services essential for the realization of economic, social and cultural rights. It leads to discriminatory access to public services in favour of those able to influence authorities, including by offering bribes or resorting to political pressure. Therefore, whistle-blowers should be protected,[[fn:57]] and specialized mechanisms against corruption should be established, their independence should be guaranteed and they should be sufficiently well resourced.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":56,"text":"See Human Rights Council resolution 23/9 and General Assembly resolution A/RES/69/199."},{"n":57,"text":"See the conclusions attached to the resolution concerning decent work in global supply chains, adopted by the General Conference of the International Labour Organization at its 105th session, para. 16 (g)."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0021","docId":"e-c-12-gc-24","idx":21,"n":21,"text":"21. The increased role and impact of private actors in traditionally public sectors, such as the health or education sector, pose new challenges for States parties in complying with their obligations under the Covenant. Privatization is not per se prohibited by the Covenant, even in areas such as the provision of water or electricity, education or health care where the role of the public sector has traditionally been strong. Private providers should, however, be subject to strict regulations that impose on them so-called “public service obligations”: in the provision of water or electricity, this may include requirements concerning universality of coverage and continuity of service, pricing policies, quality requirements, and user participation.[[fn:58]] Similarly, private health-care providers should be prohibited from denying access to affordable and adequate services, treatments or information. For instance, where health practitioners are allowed to invoke conscientious objection to refuse to provide certain sexual and reproductive health services, including abortion, they should refer the women or girls seeking such services to another practitioner within reasonable geographical reach who is willing to provide such services.[[fn:59]]","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":58,"text":"See, for example, Human Rights Council resolution 15/9."},{"n":59,"text":"See the Committee’s general comment No. 22 (2016) on the right to sexual and reproductive health, paras. 14, 42, 43 and 60."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0022","docId":"e-c-12-gc-24","idx":22,"n":22,"text":"22. The Committee is particularly concerned that goods and services that are necessary for the enjoyment of basic economic, social and cultural rights may become less affordable as a result of such goods and services being provided by the private sector, or that quality may be sacrificed for the sake of increasing profits. The provision by private actors of goods and services essential for the enjoyment of Covenant rights should not lead the enjoyment of Covenant rights to be made conditional on the ability to pay, which would create new forms of socioeconomic segregation. The privatization of education illustrates such a risk, where private educational institutions lead to high-quality education being made a privilege affordable only to the wealthiest segments of society, or where such institutions are insufficiently regulated, providing a form of education that does not meet minimum educational standards while giving a convenient excuse for States parties not to discharge their own duties towards the fulfilment of the right to education.[[fn:60]] Nor should privatization result in excluding certain groups that historically have been marginalized, such as persons with disabilities. States thus retain at all times the obligation to regulate private actors to ensure that the services they provide are accessible to all, are adequate, are regularly assessed in order to meet the changing needs of the public and are adapted to those needs. Since privatization of the delivery of goods or services essential to the enjoyment of Covenant rights may result in a lack of accountability, measures should be adopted to ensure the right of individuals to participate in assessing the adequacy of the provision of such goods and services.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":60,"text":"See, for example, E/C.12/CHL/CO/4, para. 30; and A/69/402. Of course, important though it is, appropriate regulation of the providers of educational services should respect academic freedom and “the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions” (art. 13 (3) of the Covenant). As regards primary education, States parties must ensure not only that it is affordable, but that it is free, as required by arts. 13 (2) (a) and 14 of the Covenant."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0023","docId":"e-c-12-gc-24","idx":23,"n":23,"text":"23. The obligation to fulfil requires States parties to take necessary steps, to the maximum of their available resources, to facilitate and promote the enjoyment of Covenant rights, and, in certain cases, to directly provide goods and services essential to such enjoyment. Discharging such duties may require the mobilization of resources by the State, including by enforcing progressive taxation schemes. It may require seeking business cooperation and support to implement the Covenant rights and comply with other human rights standards and principles.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","3. Obligation to fulfil"]},{"id":"e-c-12-gc-24-0024","docId":"e-c-12-gc-24","idx":24,"n":24,"text":"24. This obligation also requires directing the efforts of business entities towards the fulfilment of Covenant rights. In designing a framework on intellectual property rights, for instance, that is consistent with the Universal Declaration of Human Rights and with the right to enjoy the benefits of scientific progress stipulated in article 15 of the Covenant, States parties should ensure that intellectual property rights do not lead to denial or restriction of everyone’s access to essential medicines necessary for the enjoyment of the right to health,[[fn:61]] or to productive resources such as seeds, access to which is crucial to the right to food and to farmers’ rights.[[fn:62]] States parties should also recognize and protect the right of indigenous peoples to control the intellectual property over their cultural heritage, traditional knowledge and traditional cultural expressions.[[fn:63]] In supporting research and development for new products and services, States parties should aim at the fulfilment of Covenant rights, for instance by supporting the development of universally designed goods, services, equipment and facilities, to advance the inclusion of persons with disabilities.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":61,"text":"See also A/HRC/23/42, para. 3 (recognizing the obligation to provide essential medicines as an immediate obligation for all States parties)."},{"n":62,"text":"See A/64/170, paras. 5 and 7; and the International Treaty on Plant Genetic Resources for Food and Agriculture (resolution 3/2001, adopted on 3 November 2001, FAO Conference, thirty-first session), art. 9."},{"n":63,"text":"See the United Nations Declaration on the Rights of Indigenous Peoples, arts. 24 and 31; and the Committee’s general comment No. 21, para. 37."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","3. Obligation to fulfil"],"citedArticles":[{"article":"15","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"The text refers to 'article 15 of the Covenant' in a CESCR general comment where 'the Covenant' unambiguously denotes ICESCR."}]},{"id":"e-c-12-gc-24-0025","docId":"e-c-12-gc-24","idx":25,"n":25,"text":"25. The past thirty years have witnessed a significant increase of activities of transnational corporations, growing investment and trade flows between countries, and the emergence of global supply chains. In addition, major development projects have increasingly involved private investments, often in the form of public-private partnerships between State agencies and foreign private investors. These developments give particular significance to the question of extraterritorial human rights obligations of States.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations"]},{"id":"e-c-12-gc-24-0026","docId":"e-c-12-gc-24","idx":26,"n":26,"text":"26. In its 2011 statement on the obligations of States parties regarding the corporate sector and economic, social and cultural rights, the Committee reiterated that States parties’ obligations under the Covenant did not stop at their territorial borders. States parties were required to take the steps necessary to prevent human rights violations abroad by corporations domiciled in their territory and/or jurisdiction (whether they were incorporated under their laws, or had their statutory seat, central administration or principal place of business on the national territory), without infringing the sovereignty or diminishing the obligations of the host States under the Covenant.[[fn:64]] The Committee has also addressed specific extraterritorial obligations of States parties concerning business activities in its previous general comments relating to the right to water,[[fn:65]] the right to work,[[fn:66]] the right to social security,[[fn:67]] and the right to just and favourable conditions of work,[[fn:68]] as well as in its examination of States’ periodic reports.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":64,"text":"See E/C.12/2011/1, paras. 5 and 6."},{"n":65,"text":"See the Committee’s general comment No. 15, paras. 31 and 33."},{"n":66,"text":"See the Committee’s general comment No. 18, para. 52."},{"n":67,"text":"See the Committee’s general comment No. 19, para. 54."},{"n":68,"text":"See the Committee’s general comment No. 23, para. 70."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations"]},{"id":"e-c-12-gc-24-0027","docId":"e-c-12-gc-24","idx":27,"n":27,"text":"27. Such extraterritorial obligations of States under the Covenant follow from the fact that the obligations of the Covenant are expressed without any restriction linked to territory or jurisdiction. Although article 14 of the Covenant does refer to compulsory primary education having to be provided by a State “in its metropolitan territory or other territories under its jurisdiction”, such a reference is absent from the other provisions of the Covenant. Moreover, article 2 (1) refers to international assistance and cooperation as a means of fulfilling economic, social and cultural rights. It would be contradictory to such a reference to allow a State to remain passive where an actor domiciled in its territory and/or under its jurisdiction, and thus under its control or authority, harmed the rights of others in other States, or where conduct by such an actor may lead to foreseeable harm being caused. Indeed, the Members of the United Nations have pledged “to take joint and separate action in cooperation with the Organization” to achieve the purposes set forth in article 55 of the Charter, including “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”.[[fn:69]] This duty is expressed without any territorial limitation, and should be taken into account when addressing the scope of States’ obligations under human rights treaties. Also in line with the Charter, the International Court of Justice has acknowledged the extraterritorial scope of core human rights treaties, focusing on their object and purpose, their legislative history and the lack of territorial limitation provisions in the text.[[fn:70]] Customary international law also prohibits a State from allowing its territory to be used to cause damage on the territory of another State, a requirement that has gained particular relevance in international environmental law.[[fn:71]] The Human Rights Council has confirmed that such prohibition extends to human rights law, when it endorsed the guiding principles on extreme poverty and human rights, in its resolution 21/11.[[fn:72]]","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":69,"text":"Charter of the United Nations, Article 56."},{"n":70,"text":"Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports (2004), paras. 109-112."},{"n":71,"text":"Trail Smelter case (United States of America v. Canada), Reports of International Arbitral Awards, vol. 3 (1941), p. 1965; International Court of Justice, Corfu Channel case (United Kingdom of Great Britain and Northern Ireland v. Albania) (Merits), I.C.J. Reports, vol. 4 (9 April 1949), para. 22; and International Court of Justice, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports (8 July 1996), para. 29. See also A/61/10, draft principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities, adopted at the fifty-eighth session of the International Law Commission, in 2006 (in particular principle 4, stipulating that “each State should take all necessary measures to ensure that prompt and adequate compensation is available for victims of transboundary damage caused by hazardous activities located within its territory or otherwise under its jurisdiction or control”). The Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights, adopted by a range of academics, research institutes and human rights non-governmental organizations in 2011, provide a restatement of the current state of international human rights law on this topic, contributing to its progressive development."},{"n":72,"text":"Resolution 21/11 endorsed the final draft of the guiding principles on extreme poverty and human rights (see A/HRC/21/39), which provide, in para. 92, that “as part of international cooperation and assistance, States have an obligation to respect and protect the enjoyment of human rights, which involves avoiding conduct that would create a foreseeable risk of impairing the enjoyment of human rights by persons living in poverty beyond their borders, and conducting assessments of the extraterritorial impacts of laws, policies and practices”."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations"],"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"55","source":"regex"}]},{"id":"e-c-12-gc-24-0028","docId":"e-c-12-gc-24","idx":28,"n":28,"text":"28. Extraterritorial obligations arise when a State party may influence situations located outside its territory, consistent with the limits imposed by international law, by controlling the activities of corporations domiciled in its territory and/or under its jurisdiction, and thus may contribute to the effective enjoyment of economic, social and cultural rights outside its national territory.[[fn:73]] In that regard, the Committee also takes note of general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, of the Committee on the Rights of the Child,[[fn:74]] as well as of the positions adopted by other human rights treaty bodies.[[fn:75]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":73,"text":"See the Committee’s general comment No. 12, para. 36; general comment No. 14, para. 39; or general comment No. 15, paras. 31-33; the Committee’s general comment No. 19, para. 54; general comment No. 20, para. 14; and general comment No. 23, paras. 69 and 70; and E/C.12/2011/1, para. 5."},{"n":74,"text":"See paras. 43 and 44."},{"n":75,"text":"See, for example, CERD/C/NOR/CO/19-20, para. 17; and CCPR/C/DEU/CO/6, para. 16."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations"]},{"id":"e-c-12-gc-24-0029","docId":"e-c-12-gc-24","idx":29,"n":29,"text":"29. The extraterritorial obligation to respect requires States parties to refrain from interfering directly or indirectly with the enjoyment of the Covenant rights by persons outside their territories. As part of that obligation, States parties must ensure that they do not obstruct another State from complying with its obligations under the Covenant.[[fn:76]] This duty is particularly relevant to the negotiation and conclusion of trade and investment agreements or of financial and tax treaties,[[fn:77]] as well as to judicial cooperation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":76,"text":"See the Committee’s general comment No. 8 (1997) on the relationship between economic sanctions and respect for economic, social and cultural rights; and articles on responsibility of States for internationally wrongful acts, art. 50 (countermeasures by a State or group of States in response to an internationally wrongful act by another State may not affect “obligations for the protection of fundamental human rights”)."},{"n":77,"text":"See A/HRC/19/59/Add.5."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","1. Extraterritorial obligation to respect"]},{"id":"e-c-12-gc-24-0030","docId":"e-c-12-gc-24","idx":30,"n":30,"text":"30. The extraterritorial obligation to protect requires States parties to take steps to prevent and redress infringements of Covenant rights that occur outside their territories due to the activities of business entities over which they can exercise control, especially in cases where the remedies available to victims before the domestic courts of the State where the harm occurs are unavailable or ineffective.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0031","docId":"e-c-12-gc-24","idx":31,"n":31,"text":"31. This obligation extends to any business entities over which States parties may exercise control, in accordance with the Charter of the United Nations and applicable international law.[[fn:78]] Consistent with the admissible scope of jurisdiction under general international law, States may seek to regulate corporations that are domiciled in their territory and/or jurisdiction: this includes corporations incorporated under their laws, or which have their statutory seat, central administration or principal place of business on their national territory.[[fn:79]] States parties may also utilize incentives short of the direct imposition of obligations, such as provisions in public contracts favouring business entities that have put in place robust and effective human rights due diligence mechanisms, in order to contribute to the protection of economic, social and cultural rights at home and abroad.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":78,"text":"See, for example, the Committee’s general comment No. 14, para. 39; or general comment No. 15, paras. 31-33. The Maastricht Principles were the subject of explanatory commentaries; see Olivier De Schutter and others, “Commentary to the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights”, Human Rights Quarterly, vol. 34 (2012), pp. 1084-1171."},{"n":79,"text":"See recommendation CM/Rec(2016)3 of the Committee of Ministers of the Council of Europe, appendix, para. 13."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0032","docId":"e-c-12-gc-24","idx":32,"n":32,"text":"32. Whereas States parties would not normally be held directly internationally responsible for a violation of economic, social and cultural rights caused by a private entity’s conduct (except in the three scenarios recalled in para. 11 of the present general comment), a State party would be in breach of its obligations under the Covenant where the violation reveals a failure by the State to take reasonable measures that could have prevented the occurrence of the event. The responsibility of the State can be engaged in such circumstances even if other causes have also contributed to the occurrence of the violation,[[fn:80]] and even if the State had not foreseen that a violation would occur, provided such a violation was reasonably foreseeable.[[fn:81]] For instance, considering the well-documented risks associated with the extractive industry, particular due diligence is required with respect to mining-related projects and oil development projects.[[fn:82]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":80,"text":"International Court of Justice, Case concerning application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) (judgment of 26 February 2007), I.C.J. Reports, paras. 430 and 461."},{"n":81,"text":"Articles on responsibility of States for internationally wrongful acts, art. 23, commentary."},{"n":82,"text":"See A/HRC/8/5/Add.2."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0033","docId":"e-c-12-gc-24","idx":33,"n":33,"text":"33. In discharging their duty to protect, States parties should also require corporations to deploy their best efforts to ensure that entities whose conduct those corporations may influence, such as subsidiaries (including all business entities in which they have invested, whether registered under the State party’s laws or under the laws of another State) or business partners (including suppliers, franchisees and subcontractors), respect Covenant rights. Corporations domiciled in the territory and/or jurisdiction of States parties should be required to act with due diligence to identify, prevent and address abuses to Covenant rights by such subsidiaries and business partners, wherever they may be located.[[fn:83]] The Committee underlines that, although the imposition of such due diligence obligations does have impacts on situations located outside these States’ national territories since potential violations of Covenant rights in global supply chains or in multinational groups of companies should be prevented or addressed, this does not imply the exercise of extraterritorial jurisdiction by the States concerned. Appropriate monitoring and accountability procedures must be put in place to ensure effective prevention and enforcement. Such procedures may include imposing a duty on companies to report on their policies and procedures to ensure respect for human rights, and providing effective means of accountability and redress for abuses of Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":83,"text":"Guiding Principles on Business and Human Rights, principle 13."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0034","docId":"e-c-12-gc-24","idx":34,"n":34,"text":"34. In transnational cases, effective accountability and access to remedy requires international cooperation. The Committee refers in this regard to the recommendation included in the report on accountability and access to remedy for victims of business-related human rights abuse, prepared by the Office of the United Nations High Commissioner for Human Rights at the request of the Human Rights Council,[[fn:84]] that States should “take steps, using the guidance” (annexed to that report) “to improve the effectiveness of cross-border cooperation between State agencies and judicial bodies, with respect to both public and private law enforcement of domestic legal regimes”.[[fn:85]] The use of direct communication between law enforcement agencies for mutual assistance should be encouraged in order to provide for swifter action, particularly in the prosecution of criminal offences.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":84,"text":"See the Council’s resolution 26/22."},{"n":85,"text":"See A/HRC/32/19, paras. 24-28; and the annex to that report, for the guidance to improve corporate accountability and access to judicial remedy for business-related human rights abuse, paras. 9.1-9.7 and 10.1, and paras. 17.1-17.5 (for public law enforcement) and 18.1 and 18.2 (for private law enforcement)."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0035","docId":"e-c-12-gc-24","idx":35,"n":35,"text":"35. Improved international cooperation should reduce the risks of positive and negative conflicts of jurisdiction, which may result in legal uncertainty and in forum-shopping by litigants, or in an inability for victims to obtain redress. The Committee welcomes, in this regard, any efforts at the adoption of international instruments that could strengthen the duty of States to cooperate in order to improve accountability and access to remedies for victims of violations of Covenant rights in transnational cases. Inspiration can be found in instruments such as the International Labour Organization (ILO) Maritime Labour Convention, 2006, in force since 2013, which establishes a system of harmonized national legislation and inspections both by flag States and by port States upon complaints of seafarers on board ship when the ship comes into a foreign port; or in the ILO Domestic Workers Convention, 2011 (No. 189) and the ILO Domestic Workers Recommendation, 2011 (No. 201).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0036","docId":"e-c-12-gc-24","idx":36,"n":36,"text":"36. Article 2 (1) of the Covenant sets out the expectation that States parties will take collective action, including through international cooperation, in order to help fulfil the economic, social and cultural rights of persons outside of their national territories.[[fn:86]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":86,"text":"Olivier De Schutter and others, “Commentary to the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights”."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","3. Extraterritorial obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-24-0037","docId":"e-c-12-gc-24","idx":37,"n":37,"text":"37. Consistent with article 28 of the Universal Declaration of Human Rights,[[fn:87]] this obligation to fulfil requires States parties to contribute to creating an international environment that enables the fulfilment of the Covenant rights. To that end, States parties must take the necessary steps in their legislation and policies, including diplomatic and foreign relations measures, to promote and help create such an environment. States parties should also encourage business actors whose conduct they are in a position to influence to ensure that they do not undermine the efforts of the States in which they operate to fully realize the Covenant rights — for instance by resorting to tax evasion or tax avoidance strategies in the countries concerned. To combat abusive tax practices by transnational corporations, States should combat transfer pricing practices and deepen international tax cooperation, and explore the possibility to tax multinational groups of companies as single firms, with developed countries imposing a minimum corporate income tax rate during a period of transition. Lowering the rates of corporate tax solely with a view to attracting investors encourages a race to the bottom that ultimately undermines the ability of all States to mobilize resources domestically to realize Covenant rights. As such, this practice is inconsistent with the duties of the States parties to the Covenant. Providing excessive protection for bank secrecy and permissive rules on corporate tax may affect the ability of States where economic activities are taking place to meet their obligation to mobilize the maximum available resources for the implementation of economic, social and cultural rights.[[fn:88]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":87,"text":"See General Assembly resolution 217 (III) A."},{"n":88,"text":"See E/C.12/GBR/CO/6, paras. 16 and 17; and CEDAW/C/CHE/CO/4-5, para. 41."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","3. Extraterritorial obligation to fulfil"],"citedArticles":[{"article":"28","treaty":"?","confidence":"high","source":"opus","rationale":"'article 28 of the Universal Declaration of Human Rights'; UDHR is non-treaty."}]},{"id":"e-c-12-gc-24-0038","docId":"e-c-12-gc-24","idx":38,"n":38,"text":"38. In discharging their duty to protect, States parties should both create appropriate regulatory and policy frameworks and enforce such frameworks. Therefore, effective monitoring, investigation and accountability mechanisms must be put in place to ensure accountability and access to remedies, preferably judicial remedies, for those whose Covenant rights have been violated in the context of business activities. States parties should inform individuals and groups of their rights and the remedies accessible to them pertaining to the Covenant rights in the context of business activities, ensuring specifically that information and guidance, including human rights impact assessments, are accessible to indigenous peoples.[[fn:89]] They also should provide businesses with relevant information, training and support, ensuring that they are made aware of the duties of the State under the Covenant.[[fn:90]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":89,"text":"See the United Nations Declaration on the Rights of Indigenous Peoples, art. 14; A Business Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, pp. 30 and 31; and A/68/279, para. 56 (d)."},{"n":90,"text":"Guiding Principles on Business and Human Rights, principle 8."}],"section":["IV. Remedies"]},{"id":"e-c-12-gc-24-0039","docId":"e-c-12-gc-24","idx":39,"n":39,"text":"39. States parties must provide appropriate means of redress to aggrieved individuals or groups and ensure corporate accountability.[[fn:91]] This should preferably take the form of ensuring access to independent and impartial judicial bodies: the Committee has underlined that “other means [of ensuring accountability] used could be rendered ineffective if they are not reinforced or complemented by judicial remedies”.[[fn:92]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":91,"text":"See the Committee’s general comment No. 9 (1998) on the domestic application of the Covenant, para. 2."},{"n":92,"text":"Ibid., para. 3. See also I.D.G. v. Spain, paras. 14 and 15."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0040","docId":"e-c-12-gc-24","idx":40,"n":40,"text":"40. The guidelines on remedies for victims of gross violations of international human rights law and serious violations of international humanitarian law[[fn:93]] provide useful indications as to the obligations that follow for States from the general obligation to provide access to effective remedies. In particular, States should: take all measures necessary to prevent rights violations; where such preventative measures fail, thoroughly investigate violations and take appropriate actions against alleged offenders; provide victims with effective access to justice, irrespective of who may ultimately be the bearer of responsibility for the violation; and provide effective remedies to victims, including reparation.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":93,"text":"See General Assembly resolution 60/147, for the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law), art. 3 (a)-(d)."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0041","docId":"e-c-12-gc-24","idx":41,"n":41,"text":"41. It is imperative for the full realization of the Covenant rights that remedies be available, effective and expeditious. This requires that victims seeking redress must have prompt access to an independent public authority, which must have the power to determine whether a violation has taken place and to order cessation of the violation and reparation to redress the harm done. Reparation can be in the form of restitution, compensation, rehabilitation, satisfaction, and guarantee of non-repetition,[[fn:94]] and must take the views of those affected into account. To ensure non-repetition, an effective remedy may require improvements to legislation and policies that have proven ineffective in preventing the abuses.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":94,"text":"Ibid., part IX, “Reparation for harm suffered”."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0042","docId":"e-c-12-gc-24","idx":42,"n":42,"text":"42. Because of how corporate groups are organized, business entities routinely escape liability by hiding behind the so-called corporate veil, as the parent company seeks to avoid liability for the acts of the subsidiary even when it would have been in a position to influence its conduct. Other barriers to effective access to remedies for victims of human rights violations by business entities include the difficulty of accessing information and evidence to substantiate claims, much of which is often in the hands of the corporate defendant; the unavailability of collective redress mechanisms where violations are widespread and diffuse; and the lack of legal aid and other funding arrangements to make claims financially viable.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0043","docId":"e-c-12-gc-24","idx":43,"n":43,"text":"43. Victims of transnational corporate abuses face specific obstacles in accessing effective remedies. In addition to the difficulty of proving the damage or establishing the causal link between the conduct of the defendant corporation located in one jurisdiction and the resulting violation in another, transnational litigation is often prohibitively expensive and time-consuming, and in the absence of strong mechanisms for mutual legal assistance, the collection of evidence and the execution in one State of judgments delivered in another State present specific challenges. In some jurisdictions, the forum non conveniens doctrine, according to which a court may decline to exercise jurisdiction if another forum is available to victims, may in effect constitute a barrier to the ability of victims residing in one State to seek redress before the courts of the State where the defendant business is domiciled. Practice shows that claims are often dismissed under this doctrine in favour of another jurisdiction without necessarily ensuring that victims have access to effective remedies in the alternative jurisdiction.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0044","docId":"e-c-12-gc-24","idx":44,"n":44,"text":"44. States parties have the duty to take necessary steps to address these challenges in order to prevent a denial of justice and ensure the right to effective remedy and reparation. This requires States parties to remove substantive, procedural and practical barriers to remedies, including by establishing parent company or group liability regimes, providing legal aid and other funding schemes to claimants, enabling human rights-related class actions and public interest litigation, facilitating access to relevant information and the collection of evidence abroad, including witness testimony, and allowing such evidence to be presented in judicial proceedings. The extent to which an effective remedy is available and realistic in the alternative jurisdiction should be an overriding consideration in judicial decisions relying on forum non conveniens considerations.[[fn:95]] The introduction by corporations of actions to discourage individuals or groups from exercising remedies, for instance by alleging damage to a corporation’s reputation, should not be abused to create a chilling effect on the legitimate exercise of such remedies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":95,"text":"See also recommendation CM/Rec(2016)3 of the Committee of Ministers of the Council of Europe, appendix, para. 34."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0045","docId":"e-c-12-gc-24","idx":45,"n":45,"text":"45. States parties should facilitate access to relevant information through mandatory disclosure laws and by introducing procedural rules allowing victims to obtain the disclosure of evidence held by the defendant. Shifting the burden of proof may be justified where the facts and events relevant for resolving a claim lie wholly or in part within the exclusive knowledge of the corporate defendant.[[fn:96]] The conditions under which the protection of trade secrets and other grounds for refusing disclosure may be invoked should be defined restrictively, without jeopardizing the right of all parties to a fair trial. Furthermore, States parties and their judicial and enforcement agencies have a duty to cooperate with one another in order to promote information-sharing and transparency and prevent the denial of justice.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":96,"text":"As already noted by the Committee in the specific context of actions alleging discrimination: see the Committee’s general comment No. 20, para. 40. See also A/HRC/32/19, annex, para. 12.5 (in relation to civil cases) and para. 1.7 (in relation to criminal and quasi-criminal cases)."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0046","docId":"e-c-12-gc-24","idx":46,"n":46,"text":"46. States parties should ensure that indigenous peoples have access to effective remedies, both judicial and non-judicial, for all infringements of their individual and collective rights. These remedies should be sensitive to indigenous cultures and accessible to indigenous peoples.[[fn:97]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":97,"text":"See A/68/279, paras. 50-53; and A Business Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, p. 81."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0047","docId":"e-c-12-gc-24","idx":47,"n":47,"text":"47. The Committee recalls that all government branches and agencies of States parties, including the judiciary and law enforcement agencies, are bound by the obligations under the Covenant. States parties should ensure that the judiciary, in particular judges and lawyers, are well informed of the obligations under the Covenant linked to business activities, and that they can exercise their functions in complete independence.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0048","docId":"e-c-12-gc-24","idx":48,"n":48,"text":"48. Finally, the Committee draws the attention of States parties to the challenges facing human rights defenders.[[fn:98]] The Committee has regularly come across accounts of threats and attacks aimed at those seeking to protect their own or others’ Covenant rights, particularly in the context of extractive and development projects.[[fn:99]] In addition, trade union leaders, leaders of peasant movements, indigenous leaders and anti-corruption activists are often subject to the risk of harassment. States parties should take all measures necessary to protect human rights advocates and their work. They should refrain from resorting to criminal prosecution to hinder their work, or from otherwise obstructing their work.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":98,"text":"See E/C.12/2016/2 for the Committee’s statement on human rights defenders and economic, social and cultural rights. See also Human Rights Council resolution 31/32; and General Assembly resolution 53/144, for the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms."},{"n":99,"text":"See, for example, E/C.12/VNM/CO/2-4, para. 11; E/C.12/1/Add.44, para. 19; E/C.12/IND/CO/5, paras. 12 and 50; E/C.12/PHL/CO/4, para. 15; E/C.12/COD/CO/4, para. 12; E/C.12/LKA/CO/2-4, para. 10; and E/C.12/IDN/CO/1, para. 28."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0049","docId":"e-c-12-gc-24","idx":49,"n":49,"text":"49. Ensuring corporate accountability for violations of Covenant rights requires reliance on various tools. The most serious violations of the Covenant should give rise to criminal liability of corporations and/or of the individuals responsible. Prosecuting authorities may have to be made aware of their role in upholding Covenant rights. Victims of violations of Covenant rights should have access to reparations where Covenant rights are at stake and whether or not criminal liability is engaged.[[fn:100]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":100,"text":"See A/HRC/32/19, annex, for the guidance to improve corporate accountability and access to judicial remedy for business-related human rights abuse (see, in particular, policy objectives 4-8 of the guidance), as well as the Corporate Crimes Principles, developed in October 2016 by the Independent Commission of Experts established by the International Corporate Accountability Roundtable and Amnesty International."}],"section":["IV. Remedies","B. Types of remedies"]},{"id":"e-c-12-gc-24-0050","docId":"e-c-12-gc-24","idx":50,"n":50,"text":"50. States parties should also consider the use of administrative sanctions to discourage conduct by business entities that leads, or may lead, to violations of the rights under the Covenant. For instance, in their public procurement regimes, States could deny the awarding of public contracts to companies that have not provided information on the social or environmental impacts of their activities or that have not put in place measures to ensure that they act with due diligence to avoid or mitigate any negative impacts on the rights under the Covenant. Access to export credit and other forms of State support may also be denied in such circumstances, and in transnational contexts, investment treaties may deny protection to foreign investors of the other party that have engaged in conduct leading to a violation of Covenant rights.[[fn:101]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":101,"text":"See, for example, International Centre for Settlement of Investment Disputes case No. ARB/07/26, Urbaser S.A. and others v. Argentina (award of 8 December 2016), paras. 1194 and 1195."}],"section":["IV. Remedies","B. Types of remedies"]},{"id":"e-c-12-gc-24-0051","docId":"e-c-12-gc-24","idx":51,"n":51,"text":"51. Violations of Covenant rights will often be remedied by an individual claim against the State, whether on the basis of the Covenant itself or on the basis of domestic constitutional or legislative provisions that incorporate the guarantees of the Covenant. However, where the violation is directly attributable to a business entity, victims should be able to sue such an entity either directly on the basis of the Covenant in jurisdictions which consider that the Covenant imposes self-executing obligations on private actors, or on the basis of domestic legislation incorporating the Covenant in the national legal order. In this regard, civil remedies play an important role in ensuring access to justice for victims of violations of Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","B. Types of remedies","1. Judicial remedies"]},{"id":"e-c-12-gc-24-0052","docId":"e-c-12-gc-24","idx":52,"n":52,"text":"52. Effective access to justice for indigenous peoples may require States parties to recognize the customary laws, traditions and practices of indigenous peoples and customary ownership over their lands and natural resources in judicial proceedings.[[fn:102]] States parties should also ensure the use of indigenous languages and/or interpreters in courts and the availability of legal services and information on remedies in indigenous languages,[[fn:103]] as well as providing training to court officials on indigenous history, legal traditions and customs.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":102,"text":"See A/68/279, para. 34; and Committee on the Elimination of Racial Discrimination, general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, para. 5 (e)."},{"n":103,"text":"A Business Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, p. 47; and Committee on the Elimination of Racial Discrimination, general recommendation No. 31, para. 30."}],"section":["IV. Remedies","B. Types of remedies","1. Judicial remedies"]},{"id":"e-c-12-gc-24-0053","docId":"e-c-12-gc-24","idx":53,"n":53,"text":"53. While they generally should not be seen as a substitute for judicial mechanisms (which often remain indispensable for effective protection against certain violations of Covenant rights), non-judicial remedies may contribute to providing effective remedy to victims whose Covenant rights have been violated by business actors and ensuring accountability for such violations. These alternative mechanisms should be adequately coordinated with available judicial mechanisms, both in relation to the sanction and to the compensation for victims.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","B. Types of remedies","2. Non-judicial remedies"]},{"id":"e-c-12-gc-24-0054","docId":"e-c-12-gc-24","idx":54,"n":54,"text":"54. States parties should make use of a wide range of administrative and quasi-judicial mechanisms, many of which already regulate and adjudicate aspects of business activity in many States parties, such as labour inspectorates and tribunals, consumer and environmental protection agencies and financial supervision authorities. States parties should explore options for extending the mandate of these bodies or creating new ones, with the capacity to receive and resolve complaints of alleged corporate abuse of certain Covenant rights, to investigate allegations, to impose sanctions and to provide for and enforce reparations for the victims. National human rights institutions should be encouraged to establish appropriate structures within their organizations in order to monitor States’ obligations with regard to business and human rights, and they could be empowered to receive claims from victims of corporate conduct.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","B. Types of remedies","2. Non-judicial remedies"]},{"id":"e-c-12-gc-24-0055","docId":"e-c-12-gc-24","idx":55,"n":55,"text":"55. State-based non-judicial mechanisms should provide effective protection for victims’ rights. Where such alternative non-judicial mechanisms are established, they should also possess a number of characteristics ensuring that they are credible and can contribute effectively to the prevention of and reparation for violations;[[fn:104]] their decisions should be enforceable, and such mechanisms should be accessible to all.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":104,"text":"See Guiding Principles on Business and Human Rights, principle 31."}],"section":["IV. Remedies","B. Types of remedies","2. Non-judicial remedies"]},{"id":"e-c-12-gc-24-0056","docId":"e-c-12-gc-24","idx":56,"n":56,"text":"56. Non-judicial mechanisms for indigenous victims should be developed with the indigenous peoples concerned through their own representative institutions. As with judicial remedies, States parties should address barriers to indigenous peoples accessing the mechanism, including language barriers.[[fn:105]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":105,"text":"See A/68/279, para. 36."}],"section":["IV. Remedies","B. Types of remedies","2. Non-judicial remedies"]},{"id":"e-c-12-gc-24-0057","docId":"e-c-12-gc-24","idx":57,"n":57,"text":"57. Furthermore, non-judicial remedies should also be available in transnational settings. Examples include access by victims located outside the State’s territory to that State’s human rights institutions or ombudspersons as well as to complaints mechanisms established under international organizations, such as the national contact points operating under the OECD Guidelines for Multinational Enterprises.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","B. Types of remedies","2. Non-judicial remedies"]},{"id":"e-c-12-gc-24-0058","docId":"e-c-12-gc-24","idx":58,"n":58,"text":"58. Ensuring that business activities are pursued in line with the requirements of the Covenant requires an ongoing effort from States parties. To support this, the national action plans or strategies that States parties are expected to adopt to ensure full realization of the Covenant rights should specifically address the question of the role of business entities in the progressive realization of Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["V. Implementation"]},{"id":"e-c-12-gc-24-0059","docId":"e-c-12-gc-24","idx":59,"n":59,"text":"59. Following the adoption of the Guiding Principles on Business and Human Rights, many States or regional organizations have adopted action plans on business and human rights.[[fn:106]] This is a welcome development, particularly if such action plans set specific and concrete targets, allocate responsibilities across actors, and define the time frame and necessary means for their adoption. Action plans on business and human rights should incorporate human rights principles, including effective and meaningful participation, non-discrimination and gender equality, and accountability and transparency. Progress in implementing such action plans should be monitored, and such plans should place equal emphasis on all categories of human rights, including economic, social and cultural rights. As regards the requirement of participation in the design of such plans, the Committee recalls the fundamental role that national human rights institutions and civil society organizations can and should play in achieving the full realization of Covenant rights in the context of business activities.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":106,"text":"See recommendation CM/Rec(2016)3 of the Committee of Ministers of the Council of Europe, appendix, paras. 10-12."}],"section":["V. Implementation"]},{"id":"e-c-12-gc-25-0001","docId":"e-c-12-gc-25","idx":1,"n":1,"text":"1. The intense and rapid development of science and technology has had many benefits for the enjoyment of economic, social and cultural rights. At the same time, the risks – and the unequal distribution of these benefits and risks – have prompted a rich and growing discussion on the relationship between science and economic, social and cultural rights. Several important documents have been issued on this subject, such as the Venice Statement on the Right to Enjoy the Benefits of Scientific Progress and its Applications, adopted in 2009, the Universal Declaration on Bioethics and Human Rights, adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2005, the Recommendation on Science and Scientific Researchers, adopted by UNESCO in 2017, the report of the Special Rapporteur in the field of cultural rights on the right to enjoy the benefits of scientific progress and its applications (A/HRC/20/26) and the Committee’s general comment No. 17 (2005) on the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author. Indeed, UNESCO, declarations made at international conferences and summits,[[fn:1]] the Special Rapporteur on cultural rights, and eminent scientific organizations and publications[[fn:2]] have upheld the “human right to science”, referring to all the rights, entitlements and obligations related to science.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":1,"text":"See, for example, the declaration from the XXVI Ibero-American Summit of Heads of State and Government, available (in Spanish) at www.segib.org/wp-content/uploads/00.1.-DECLARACION-DE-LA-XXVI-CUMBRE-GUATEMALA_VF_E.pdf."},{"n":2,"text":"See, for example, Jessica M. Wyndham and Margaret Weigers Vitullo, “Define the human right to science” Science, Vol. 362, No. 6418 (November 2018)."}],"section":["I. Introduction and basic premises"]},{"id":"e-c-12-gc-25-0002","docId":"e-c-12-gc-25","idx":2,"n":2,"text":"2. In spite of these developments, science is one of the areas of the Covenant to which States parties give least attention in their reports and dialogues with the Committee. This has led the Committee, after a wide consultative process, to develop this general comment on the relationship between science and economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["I. Introduction and basic premises"]},{"id":"e-c-12-gc-25-0003","docId":"e-c-12-gc-25","idx":3,"n":3,"text":"3. The Committee focuses primarily on the Covenant right of everyone to enjoy the benefits of scientific progress and its applications (art. 15 (1) (b)), as it is the right most frequently invoked in relation to science. However, the purpose of this general comment is not confined to this right, but is also to develop the relationship more broadly between science and economic, social and cultural rights. The Committee also examines the other elements of article 15 related to science, especially the obligations of States parties to take steps for the conservation, the development and the diffusion of science (art. 15 (2)), to respect the freedom indispensable for scientific research (art. 15 (3)) and to promote international contacts and cooperation in the scientific field (art. 15 (4)). The Committee also highlights the relevance of article 27 of the Universal Declaration of Human Rights for this analysis.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["I. Introduction and basic premises"],"citedArticles":[{"article":"15","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'the Covenant right of everyone to enjoy the benefits of scientific progress and its applications (art. 15 (1) (b))'; ICESCR art.15."},{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'other elements of article 15' of the Covenant (ICESCR) in CESCR GC25."},{"article":"15","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'(art. 15 (2))' Covenant provision on conservation/development/diffusion of science; ICESCR."},{"article":"15","paragraph":"3","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'(art. 15 (3))' Covenant on freedom indispensable for scientific research; ICESCR."},{"article":"15","paragraph":"4","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'(art. 15 (4))' Covenant on international scientific cooperation; ICESCR."},{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27 of the Universal Declaration of Human Rights'; UDHR is non-treaty."}]},{"id":"e-c-12-gc-25-0004","docId":"e-c-12-gc-25","idx":4,"n":4,"text":"4. According to the definition used by UNESCO in its Recommendation on Science and Scientific Researchers, the word “science” signifies the enterprise whereby humankind, acting individually or in small or large groups, makes an organized attempt, by means of the objective study of observed phenomena and its validation through sharing of findings and data and through peer review, to discover and master the chain of causalities, relations or interactions; brings together in a coordinated form subsystems of knowledge by means of systematic reflection and conceptualization; and thereby furnishes itself with the opportunity of using, to its own advantage, understanding of the processes and phenomena occurring in nature and society (para. 1 (a) (i)).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Scientific progress and its applications"]},{"id":"e-c-12-gc-25-0005","docId":"e-c-12-gc-25","idx":5,"n":5,"text":"5. Thus, science, which encompasses natural and social sciences, refers both to a process following a certain methodology (“doing science”) and to the results of this process (knowledge and applications). Although protection and promotion as a cultural right may be claimed for other forms of knowledge, knowledge should be considered as science only if it is based on critical inquiry and is open to falsifiability and testability. Knowledge which is based solely on tradition, revelation or authority, without the possible contrast with reason and experience, or which is immune to any falsifiability or intersubjective verification, cannot be considered science.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Scientific progress and its applications"]},{"id":"e-c-12-gc-25-0006","docId":"e-c-12-gc-25","idx":6,"n":6,"text":"6. The Universal Declaration of Human Rights refers to “scientific advancement” and the Covenant refers to “scientific progress”; these expressions emphasize the capacity of science to contribute to the well-being of persons and humankind. Thus, the development of science in the service of peace and human rights should be prioritized by States over other uses.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Scientific progress and its applications"]},{"id":"e-c-12-gc-25-0007","docId":"e-c-12-gc-25","idx":7,"n":7,"text":"7. Applications refer to the particular implementation of science to the specific concerns and needs of the population. Applied science also includes the technology deriving from scientific knowledge, such as the medical applications, the industrial or agricultural applications, or information and communications technology.[[fn:3]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":3,"text":"Technology, according to the Recommendation on Science and Scientific Researchers, “signifies such knowledge as relates directly to the production or improvement of goods or services” (para. 1 (b))."}],"section":["II. Normative content","Scientific progress and its applications"]},{"id":"e-c-12-gc-25-0008","docId":"e-c-12-gc-25","idx":8,"n":8,"text":"8. The term “benefits” refers first to the material results of the applications of scientific research, such as vaccinations, fertilizers, technological instruments and the like. Secondly, benefits refer to the scientific knowledge and information directly deriving from scientific activity, as science provides benefits through the development and dissemination of the knowledge itself. Lastly, benefits refer also to the role of science in forming critical and responsible citizens who are able to participate fully in a democratic society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Enjoy the benefits"]},{"id":"e-c-12-gc-25-0009","docId":"e-c-12-gc-25","idx":9,"n":9,"text":"9. The right to enjoy the benefits of scientific progress cannot be interpreted as establishing a rigid distinction between the scientist who produces science and the general population, entitled only to enjoy the benefits derived from research conducted by scientists. This restrictive interpretation is contrary to a systematic and teleological interpretation of this right, which takes into account the context, the object and the purpose of this provision, in accordance with article 31 of the Vienna Convention on the Law of Treaties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"31","source":"regex"}]},{"id":"e-c-12-gc-25-0010","docId":"e-c-12-gc-25","idx":10,"n":10,"text":"10. Culture is an inclusive concept encompassing all manifestations of human existence.[[fn:4]] Cultural life is therefore larger than science, as it includes other aspects of human existence; it is, however, reasonable to include scientific activity in cultural life. Thus, the right of everyone to take part in cultural life includes the right of every person to take part in scientific progress and in decisions concerning its direction. This interpretation is also implied by the principles of participation and inclusiveness underlying the Covenant and by the expression, “to enjoy the benefits of scientific progress”. Such benefits are not restricted to the material benefits or products of scientific advancement, but include the development of the critical mind and faculties associated with doing science. This understanding is corroborated by the travaux préparatoires on the drafting of article 15 of the Covenant, which demonstrate that the article was intended to develop article 27 of the Universal Declaration of Human Rights,[[fn:5]] which recognizes not only a right to benefit from the applications of science but also to participate in scientific advancement.[[fn:6]] The Universal Declaration of Human Rights is relevant to establish the scope of all the rights enshrined in the Covenant, not only because the preamble to the Covenant refers explicitly to the Universal Declaration of Human Rights, but also because both instruments represent international endeavours to give legal force to the rights in the Universal Declaration of Human Rights through the adoption of binding treaties. Thus, doing science does not only concern scientific professionals but also includes “citizen science” (ordinary people doing science) and the dissemination of scientific knowledge. States parties should not only refrain from preventing citizen participation in scientific activities, but should actively facilitate it.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":4,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009) on the right of everyone to take part in cultural life, para. 11."},{"n":5,"text":"See Ben Saul, The International Covenant on Economic, Social and Cultural Rights: Travaux Préparatoires, Volume I (Oxford, Oxford University Press, 2016)."},{"n":6,"text":"The English version refers to the right to “share”, but the expressions “participer”, “participar” and “участвовать” appear respectively in the French, Spanish and Russian versions, which are also official texts of the Universal Declaration of Human Rights and which refer to the right of all persons to participate in scientific advancement and in the benefits derived from it."}],"section":["II. Normative content","Take part in cultural life"],"citedArticles":[{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 15 of the Covenant' in CESCR GC25; 'the Covenant' is ICESCR."},{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27 of the Universal Declaration of Human Rights'; UDHR is non-treaty."}]},{"id":"e-c-12-gc-25-0011","docId":"e-c-12-gc-25","idx":11,"n":11,"text":"11. The right enshrined in article 15 (1) (b) encompasses not only a right to receive the benefits of the applications of scientific progress, but also a right to participate in scientific progress. Thus, it is the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-25-0012","docId":"e-c-12-gc-25","idx":12,"n":12,"text":"12. The Committee already examined this right in 2005 in its general comment No. 17, in which it stressed the difference between this human right, which protects creators of scientific discoveries, and “most legal entitlements recognized in intellectual property systems” (para. 1). It is unnecessary to repeat this analysis here. Nevertheless, the specific relationship between intellectual property rights and the right to participate in and to enjoy the benefits of scientific progress and its applications is addressed in section V.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author"]},{"id":"e-c-12-gc-25-0013","docId":"e-c-12-gc-25","idx":13,"n":13,"text":"13. In order to flourish and develop, science requires the robust protection of freedom of research. The Covenant establishes a specific duty for States to “respect the freedom indispensable for scientific research” (art. 15 (3)). This freedom includes, at the least, the following dimensions: protection of researchers from undue influence on their independent judgment; the possibility for researchers to set up autonomous research institutions and to define the aims and objectives of the research and the methods to be adopted; the freedom of researchers to freely and openly question the ethical value of certain projects and the right to withdraw from those projects if their conscience so dictates; the freedom of researchers to cooperate with other researchers, both nationally and internationally; and the sharing of scientific data and analysis with policymakers, and with the public wherever possible.[[fn:7]] Nevertheless, freedom of scientific research is not absolute; some limitations are possible, as described in section III below.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":7,"text":"Recommendation on Science and Scientific Researchers, para. 16 (a) (v)."}],"section":["II. Normative content","The freedom indispensable for scientific research and creative activity"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"3","source":"regex"}]},{"id":"e-c-12-gc-25-0014","docId":"e-c-12-gc-25","idx":14,"n":14,"text":"14. States parties should not only abstain from interfering in the freedom of individuals and institutions to develop science and diffuse its results. States must take positive steps for the advancement of science (development) and for the protection and dissemination of scientific knowledge and its applications (conservation and diffusion).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Take steps for the conservation, the development and the diffusion of science"]},{"id":"e-c-12-gc-25-0015","docId":"e-c-12-gc-25","idx":15,"n":15,"text":"15. The right to participate in and to enjoy the benefits of scientific progress and its applications contains both freedoms and entitlements. Freedoms include the right to participate in scientific progress and enjoy the freedom indispensable for scientific research. Entitlements include the right to enjoy, without discrimination, the benefits of scientific progress. These freedoms and entitlements imply not only negative, but also positive obligations for States. Furthermore, this right contains the following five interrelated and essential elements.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations"]},{"id":"e-c-12-gc-25-0016","docId":"e-c-12-gc-25","idx":16,"n":16,"text":"16. Availability is linked to the obligation of States parties to take steps for the conservation, the development and the diffusion of science. Thus, availability means that scientific progress is actually taking place, and that scientific knowledge and its applications are protected and widely disseminated. States parties should direct their own resources and coordinate actions of others to ensure that scientific progress happens and that its applications and benefits are distributed and are available, especially to vulnerable and marginalized groups. This requires, inter alia, instruments for the diffusion of science (libraries, museums, Internet networks, etc.), a strong research infrastructure with adequate resources, and adequate financing of scientific education. In particular, States should promote open science and open source publication of research. Research findings and research data funded by States should be accessible to the public.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","A. Elements of the right"]},{"id":"e-c-12-gc-25-0017","docId":"e-c-12-gc-25","idx":17,"n":17,"text":"17. Accessibility means that scientific progress and its applications should be accessible for all persons, without discrimination. It has three dimensions: first, States parties should ensure that everyone has equal access to the applications of science, particularly when they are instrumental for the enjoyment of other economic, social and cultural rights. Second, information concerning the risks and benefits of science and technology should be accessible without discrimination. Third, everyone should have the open opportunity to participate in scientific progress, without discrimination. Thus, States parties should remove discriminatory barriers that impede persons from participating in scientific progress, for instance, by facilitating the access of marginalized populations to scientific education.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","A. Elements of the right"]},{"id":"e-c-12-gc-25-0018","docId":"e-c-12-gc-25","idx":18,"n":18,"text":"18. Quality refers to the most advanced, up-to-date and generally accepted and verifiable science available at the time, according to the standards generally accepted by the scientific community. This element applies both to the process of scientific creation and to access to the applications and benefits of science. Quality also includes regulation and certification, as necessary, to ensure the responsible and ethical development and application of science. States should rely on widely accepted scientific knowledge, in dialogue with the scientific community, to regulate and certify the circulation of new scientific applications accessible to the public.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","A. Elements of the right"]},{"id":"e-c-12-gc-25-0019","docId":"e-c-12-gc-25","idx":19,"n":19,"text":"19. Acceptability implies that efforts should be made to ensure that science is explained and its applications are disseminated in such a manner as to facilitate their acceptance in different cultural and social contexts, provided that this does not affect their integrity and quality. Scientific education and the products of science should be tailored to the particularities of populations with special needs, such as persons with disabilities. Acceptability implies also that scientific research has to incorporate ethical standards in order to ensure its integrity and the respect of human dignity, such as the standards proposed in the Universal Declaration on Bioethics and Human Rights. Some of these standards are that the benefits to research participants and other affected individuals should be maximized and any possible harm minimized with reasonable protection and safeguards; the autonomy and free and informed consent of participants should be guaranteed; privacy and confidentiality should be respected; vulnerable groups or persons should be especially protected in order to avoid any discrimination; and cultural diversity and pluralism should be given due regard.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","A. Elements of the right"]},{"id":"e-c-12-gc-25-0020","docId":"e-c-12-gc-25","idx":20,"n":20,"text":"20. As explained in paragraph 13 above, the protection of freedom of scientific research is also an element of the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","A. Elements of the right"]},{"id":"e-c-12-gc-25-0021","docId":"e-c-12-gc-25","idx":21,"n":21,"text":"21. Some limitations on the right to participate in and to enjoy the benefits of scientific progress and its applications might be necessary, as science and its applications can, in certain contexts, affect economic, social and cultural rights. Nevertheless, limitations on the right must respect the requirements of article 4 of the Covenant: first, limitations have to be determined by law; second, they must promote “the general welfare in a democratic society”; and third, any restriction must be compatible with the nature of the right restricted. As understood by the Committee, this implies that limitations must respect the minimum core obligations of the right, and must be proportionate to the aim pursued. This means that where there are several means reasonably capable of achieving the legitimate aim of the limitation, the one that is least restrictive to economic, social and cultural rights must be selected,[[fn:8]] and the burdens imposed on the enjoyment of the right should not outweigh the benefits of the limitation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":8,"text":"General comment No. 21, para. 19."}],"section":["III. Elements of the right and limitations","B. Limitations"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0022","docId":"e-c-12-gc-25","idx":22,"n":22,"text":"22. Limitations on the applications of science and technology can be used to guarantee the safety and quality of products used by persons. Human rights impact assessments might be necessary to protect persons against risky applications. Limitations on the research process can also be necessary, particularly when the research affects human beings in order to protect their dignity, their integrity and their consent when involved in the research. When the research is done in countries or among populations different to those of the researchers, the State of origin must guarantee the rights and obligations of all parties involved. Nevertheless, any limitation on the content of scientific research implies a strict burden of justification by States, in order to avoid infringing freedom of research.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","B. Limitations"]},{"id":"e-c-12-gc-25-0023","docId":"e-c-12-gc-25","idx":23,"n":23,"text":"23. States parties must take steps, to the maximum of their available resources, for the full realization of the right to participate in and to enjoy the benefits of scientific progress and its applications. While full realization of the right may be achieved progressively, steps towards it must be taken immediately or within a reasonably short period of time. Such steps should be deliberate, concrete and targeted, using all appropriate means, including the adoption of legislative and budgetary measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","A. General obligations"]},{"id":"e-c-12-gc-25-0024","docId":"e-c-12-gc-25","idx":24,"n":24,"text":"24. As with all other rights in the Covenant, there is a strong presumption that retrogressive measures taken in relation to the right to participate in and to enjoy the benefits of scientific progress and its applications are not permissible.[[fn:9]] Examples of retrogressive measures include the removal of programmes or policies necessary for the conservation, the development and the diffusion of science; the imposition of barriers to education and information on science; the imposition of barriers to citizen participation in scientific activities, including misinformation intended to erode citizen understanding and respect for science and scientific research; and the adoption of legal and policy changes that reduce the extent of international collaboration on science. In the exceptional circumstances under which retrogressive measures may be inevitable, States must ensure that such measures are necessary and proportionate. The measures should remain in place only insofar as they are necessary; mitigate inequalities that can grow in times of crisis and ensure that the rights of disadvantaged and marginalized individuals and groups are not disproportionately affected; and guarantee the minimum core obligations (see E/C.12/2016/1).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":9,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right to the highest attainable standard of health, para. 32."}],"section":["IV. Obligations","A. General obligations"]},{"id":"e-c-12-gc-25-0025","docId":"e-c-12-gc-25","idx":25,"n":25,"text":"25. States parties are under an immediate obligation to eliminate all forms of discrimination against individuals and groups in their enjoyment of economic, social and cultural rights. This duty is of particular importance in relation to the right to participate in and to enjoy the benefits of scientific progress and its applications because deep inequalities persist in the enjoyment of this right. States must adopt the measures necessary to eliminate conditions and combat attitudes that perpetuate inequality and discrimination in order to enable all individuals and groups to enjoy this right without discrimination, including on the grounds of religion, national origin, sex, sexual orientation and gender identity, race and ethnic identity, disability, poverty and any other relevant status.","labels":["Women/girls","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","A. General obligations"]},{"id":"e-c-12-gc-25-0026","docId":"e-c-12-gc-25","idx":26,"n":26,"text":"26. The duty to eliminate discrimination is a cross-cutting obligation that States should take into account when fulfilling all other obligations. For instance, the duty of States to take steps for the development and the diffusion of science (art. 15 (2)) includes the obligation to make all necessary efforts to overcome persistent inequalities in scientific advancement through culturally and gender-appropriate means of education and communication, with the aim of encouraging the widest participation in scientific progress of those populations that have traditionally been excluded from such progress.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","A. General obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-25-0027","docId":"e-c-12-gc-25","idx":27,"n":27,"text":"27. The duty to combat discrimination on those grounds has implications for the design and implementation of all policies related to the right to participate in and to enjoy the benefits of scientific progress and its applications. For instance, States have to carefully design and implement quality scientific education programmes in order to allow all persons equal opportunities to gain a basic level of understanding and knowledge of the science and training needed to pursue careers in science, and to ensure access without discrimination to available employment in scientific research fields.[[fn:10]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":10,"text":"Recommendation on Science and Scientific Researchers, para. 13 (b)."}],"section":["IV. Obligations","A. General obligations"]},{"id":"e-c-12-gc-25-0028","docId":"e-c-12-gc-25","idx":28,"n":28,"text":"28. Without prejudice to the duty of States to eliminate all forms of discrimination, special attention should be paid to groups that have experienced systemic discrimination in the enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications, such as women, persons with disabilities, lesbian, gay, bisexual, transgender and intersex persons, indigenous peoples and persons living in poverty. Temporary special measures might be necessary to achieve substantive equality and remedy current manifestations of previous patterns of exclusion of these groups. Owing to limitations of space, this general comment focuses on women, persons with disabilities, persons living in poverty and indigenous peoples.","labels":["Indigenous peoples","LGBTI+","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups"]},{"id":"e-c-12-gc-25-0029","docId":"e-c-12-gc-25","idx":29,"n":29,"text":"29. Women are frequently underrepresented in scientific activity. Sometimes this is owing to situations of direct discrimination in access to education or professional employment and promotion. In other cases, discrimination is more subtle and is based on stereotypes or professional practices that discourage women’s participation in scientific research. In particular, women’s advancement in scientific careers, both in academia and in industry, is cumulatively limited as they climb the hierarchical ladder.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Women"]},{"id":"e-c-12-gc-25-0030","docId":"e-c-12-gc-25","idx":30,"n":30,"text":"30. Unequal access between men and women to science implies double discrimination. First, women have the right to participate in scientific research on an equal footing with men; thus, unequal access to scientific education or scientific careers constitutes discrimination in principle. Second, as women are underrepresented in scientific research, it is very common that scientific research and new technologies are gender biased and not sensitive to the particularities and needs of women.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Women"]},{"id":"e-c-12-gc-25-0031","docId":"e-c-12-gc-25","idx":31,"n":31,"text":"31. States must therefore immediately eliminate barriers that affect girls’ and women’s access to quality scientific education and careers. Furthermore, States must take steps to ensure women’s substantive equality in access to scientific education and careers by, for example, raising public awareness in order to eliminate stereotypes that exclude women from science or adopting policies for both men and women to balance domestic life with scientific careers. Temporary special measures, such as quotas for women in scientific education, might be necessary in order to speed up the attainment of substantive equality in the enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications. The availability of kindergartens and other childcare institutions is also key to the advancement of equality.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Women"]},{"id":"e-c-12-gc-25-0032","docId":"e-c-12-gc-25","idx":32,"n":32,"text":"32. A gender-sensitive approach is not a luxury for scientific research, but a crucial tool in order to ensure that scientific progress and new technologies adequately take into account the characteristics and needs of women and girls. This approach should not be relegated to the last stages of research, but incorporated from the first stage, such as the choice of the subject and the design of methodologies, and must be present throughout all steps of scientific research and its applications, including during the evaluation of its impacts. Decisions concerning funding or general policies must also be gender-sensitive.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Women"]},{"id":"e-c-12-gc-25-0033","docId":"e-c-12-gc-25","idx":33,"n":33,"text":"33. A gender-sensitive approach is of particular relevance to the right to sexual and reproductive health. States parties must ensure access to up-to-date scientific technologies necessary for women in relation to this right. In particular, States parties should ensure access to modern and safe forms of contraception, including emergency contraception, medication for abortion, assisted reproductive technologies, and other sexual and reproductive goods and services, on the basis of non-discrimination and equality, as outlined in general comment No. 22 (2016) on the right to sexual and reproductive health. Special attention should be given to the protection of women’s free, prior and informed consent in treatments or scientific research on sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Women"]},{"id":"e-c-12-gc-25-0034","docId":"e-c-12-gc-25","idx":34,"n":34,"text":"34. Persons with disabilities have suffered deep discrimination in the enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications, either because of severe physical, communication and information obstacles to access basic and higher scientific education and careers, or because the products of scientific progress do not take into account their specificities and particular needs. Persons with disabilities bring their unique perspectives and experiences into the scientific landscape, thus specifically contributing to the promotion of the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Persons with disabilities"]},{"id":"e-c-12-gc-25-0035","docId":"e-c-12-gc-25","idx":35,"n":35,"text":"35. States parties should, at the least, adopt the following measures and policies to overcome discrimination against persons with disabilities in the enjoyment of this right: (a) promote the participation and contributions of persons with disabilities, including women with disabilities who face multiple discrimination, in decision-making procedures concerning science; (b) develop statistics on access to science and its benefits disaggregated by disability; (c) implement universal design; (d) promote technologies that facilitate access to scientific education and employment for persons with disabilities; (e) ensure that reasonable accommodation is provided for persons with disabilities to enable them to have access to scientific education and employment and to ensure that they benefit from the products of scientific development, including its diffusion and dissemination in adapted formats; (f) adopt appropriate measures to raise awareness of the capabilities and contributions of persons with disabilities and to combat stereotypes and harmful practices relating to these persons;[[fn:11]] and (g) ensure that persons with disabilities have given their free, prior and informed consent when they are subjects of research.","labels":["Women/girls","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":11,"text":"Convention on the Rights of Persons with Disabilities, particularly arts. 1–9."}],"section":["IV. Obligations","B. Special protection for specific groups","Persons with disabilities"]},{"id":"e-c-12-gc-25-0036","docId":"e-c-12-gc-25","idx":36,"n":36,"text":"36. In the last few decades, the growth of inequalities has undermined the rule of law and has had negative effects on the enjoyment of economic, social and cultural rights (see A/HRC/29/31). Economic inequality hinders equal access to scientific education and to the benefits of scientific progress for low-income households and especially for persons living in poverty. This in turn reinforces economic inequalities because upper-income households can enjoy better scientific education and can access the latest and most expensive scientific innovations, allowing affluent persons to become more technologically productive than poor people, perpetuating inequalities and providing an apparent justification for them.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Persons in living poverty, inequality and science"]},{"id":"e-c-12-gc-25-0037","docId":"e-c-12-gc-25","idx":37,"n":37,"text":"37. As equality is at the core of human rights, States must make every effort to break this vicious circle between substantive inequality and unequal access to the right to participate in and to enjoy the benefits of scientific progress and its applications. This implies a threefold strategy: first, States parties should adopt policies to reduce inequalities, a subject that goes beyond the scope of this general comment but is at the centre of current discussions on democracy and human rights. Second, States parties need a specific strategy to strengthen access to good scientific education for persons living in poverty. Third, States should prioritize scientific and technological innovations that serve especially the needs of persons living in poverty and ensure that these people have access to the technological innovations.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Persons in living poverty, inequality and science"]},{"id":"e-c-12-gc-25-0038","docId":"e-c-12-gc-25","idx":38,"n":38,"text":"38. States should adopt measures to ensure that children living in poverty, particularly those with disabilities, have full access to the enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications, as they are entitled to special care and assistance, especially through pedagogical tools and quality scientific education that allow the development of the child’s personality, talents and mental and physical abilities to their fullest potential.[[fn:12]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":12,"text":"Convention on the Rights of the Child, particularly arts. 24 and 29."}],"section":["IV. Obligations","B. Special protection for specific groups","Persons in living poverty, inequality and science"]},{"id":"e-c-12-gc-25-0039","docId":"e-c-12-gc-25","idx":39,"n":39,"text":"39. Local, traditional and indigenous knowledge, especially regarding nature, species (flora, fauna, seeds) and their properties, are precious and have an important role to play in the global scientific dialogue. States must take measures to protect such knowledge through different means, including special intellectual property regimes, and to secure the ownership and control of this traditional knowledge by local and traditional communities and indigenous peoples.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Traditional knowledge and indigenous peoples"]},{"id":"e-c-12-gc-25-0040","docId":"e-c-12-gc-25","idx":40,"n":40,"text":"40. Indigenous peoples and local communities all over the globe should participate in a global intercultural dialogue for scientific progress, as their inputs are precious and science should not be used as an instrument of cultural imposition. States parties must provide indigenous peoples, with due respect for their self-determination, to both the educational and technological means to participate in this dialogue. They must also take all measures to respect and protect the rights of indigenous peoples, particularly their land, their identity and the protection of the moral and material interests resulting from their knowledge, of which they are authors, individually or collectively. Genuine consultation in order to obtain free, prior and informed consent is necessary whenever the State party or non-State actors conduct research, take decisions or create policies relating to science that have an impact on indigenous peoples or when using their knowledge.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Traditional knowledge and indigenous peoples"]},{"id":"e-c-12-gc-25-0041","docId":"e-c-12-gc-25","idx":41,"n":41,"text":"41. States parties have an obligation to respect, protect and fulfil the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations"]},{"id":"e-c-12-gc-25-0042","docId":"e-c-12-gc-25","idx":42,"n":42,"text":"42. The obligation to respect requires that States parties refrain from interfering directly or indirectly in the enjoyment of this right. Examples of the obligation to respect are: eliminating barriers to accessing quality science education and to the pursuit of scientific careers; refraining from disinformation, disparagement or deliberate misinformation intended to erode citizen understanding of and respect for science and scientific research; eliminating censorship or arbitrary limitations on access to the Internet, which undermines access to and dissemination of scientific knowledge; and refraining from imposing, or eliminating, obstacles to international collaboration among scientists, unless such restrictions can be justified in accordance with article 4 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to respect"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0043","docId":"e-c-12-gc-25","idx":43,"n":43,"text":"43. The obligation to protect requires States parties to adopt measures to prevent any person or entity from interfering with the right to participate in and to enjoy the benefits of scientific progress and its applications by, for example, preventing access to knowledge or discriminating on the grounds of gender, sexual orientation or gender identity or other circumstances. These persons or entities could include universities, schools, laboratories, cultural or scientific associations, patients in hospitals and volunteers participating in scientific experiments. Examples of this duty to protect are: ensuring that scientific associations, universities, laboratories and other non-State actors do not apply discriminatory criteria; protecting people from participating in research or tests that contravene the applicable ethical standards for responsible research and guaranteeing their free, prior and informed consent; ensuring that private persons and entities do not disseminate false or misleading scientific information; and ensuring that private investment in scientific institutions is not used to unduly influence the orientation of research or to restrict the scientific freedom of researchers.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to protect"]},{"id":"e-c-12-gc-25-0044","docId":"e-c-12-gc-25","idx":44,"n":44,"text":"44. Sometimes, States parties may have to protect people within their own familial, social or cultural context when their right to participate in and to enjoy the benefits of scientific progress and its applications is affected. Persons who, owing to their age or capacity, cannot choose for themselves, must receive special protection. For instance, when parents decide not to have their children vaccinated on grounds the scientific community considers false, the parents’ decision entails risks for the child and sometimes for society, resulting from the possible resurgence of infectious diseases that were previously under control. In these cases, the best interests of the child must be a primary consideration. In some contexts, people may be subject to great pressure from their social environment to undergo traditional treatment instead of benefiting from the best available medical attention. States parties must guarantee everyone the right to choose or refuse the treatment they want with the full knowledge of the risks and benefits of the relevant treatment, subject to any limitations that meet the criteria of article 4 of the Covenant. States must also establish protective measures in relation to messages from pseudoscience, which create ignorance and false expectations among the most vulnerable sectors of the population.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to protect"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0045","docId":"e-c-12-gc-25","idx":45,"n":45,"text":"45. The duty to fulfil requires that States adopt legislative, administrative, budgetary and other measures and establish effective remedies aimed at the full enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications. They include education policies, grants, participation tools, dissemination, providing access to the Internet and other sources of knowledge, participation in international cooperation programmes and ensuring appropriate financing.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-25-0046","docId":"e-c-12-gc-25","idx":46,"n":46,"text":"46. The duty to fulfil is reinforced and specified by article 15 (2) of the Covenant, which provides that States parties must take steps for the conservation, the development and the diffusion of science. States parties not only have a duty to allow persons to participate in scientific progress; they also have a positive duty to actively promote the advancement of science through, inter alia, education and investment in science and technology. This includes approving policies and regulations that foster scientific research, allocating appropriate resources in budgets and generally creating an enabling and participatory environment for the conservation, the development and the diffusion of science and technology. This implies, inter alia, protection and promotion of academic and scientific freedom, including freedom of expression and freedom to seek, receive and impart scientific information, freedom of association and freedom of movement; guarantees of equal access and participation of all public and private actors; and capacity-building and education.[[fn:13]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":13,"text":"Venice Statement on the Right to Enjoy the Benefits of Scientific Progress and its Applications, para. 13."}],"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-25-0047","docId":"e-c-12-gc-25","idx":47,"n":47,"text":"47. The obligation to fulfil is particularly important in creating and guaranteeing access to the benefits of the applications of scientific progress. States should use the maximum of their available resources to overcome hurdles that any person may face to benefit from new technologies or other forms of applications of scientific advancements. This is particularly relevant for disadvantaged and marginalized groups. Scientific progress and its applications should be, as far as possible, accessible and affordable to persons in need of specific goods or services. Public institutions in different sectors should be provided with a clear mandate to actively overcome exclusion from such progress and applications, especially in the health and education sectors. Knowledge about scientific progress and its applications should be made broadly available and accessible to the general public through schools, universities, technical colleges, libraries, museums, print and electronic media and other channels. Specific programmes are needed to overcome problems of access to scientific knowledge and its applications related to age, language or other aspects of cultural diversity.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-25-0048","docId":"e-c-12-gc-25","idx":48,"n":48,"text":"48. All States should contribute, to the maximum of their available resources, to this common task of developing science. Recommending that poor States focus exclusively on applied science actually increases the gap and unfair distribution of knowledge and power between States.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-25-0049","docId":"e-c-12-gc-25","idx":49,"n":49,"text":"49. The importance of the duty of States to disseminate science and to foster citizen participation cannot be underestimated. Basic knowledge of science, its methods and results, has become an essential element for being an empowered citizen and for the exercise of other rights, such as access to decent work. States must exert every effort to ensure equitable and open access to scientific literature, data and content, including by removing barriers to publishing, sharing and archiving scientific outputs.[[fn:14]] However, open science cannot be achieved by the State alone. It is a common endeavour to which all other stakeholders should contribute, nationally and internationally, including scientists, universities, publishers, scientific associations, funding agencies, libraries, the media and non-governmental institutions. All these stakeholders play a decisive role in the dissemination of knowledge, especially when it comes to outcomes of research financed with public funds.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":14,"text":"Recommendation on Science and Scientific Researchers, paras. 13 (c) and 36."}],"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-25-0050","docId":"e-c-12-gc-25","idx":50,"n":50,"text":"50. As a consequence of the right to freedom of research and the duty of States to disseminate science, scientist have, in principle, the right to publish the results of their research. Any restriction on this right should be compatible with article 4 of the Covenant. In particular, States should ensure that any contractual restriction placed on this right is consistent with the public interest, is reasonable and proportionate, and that it provides for the appropriate crediting and acknowledging of the contributions of scientific researchers to the research outcomes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0051","docId":"e-c-12-gc-25","idx":51,"n":51,"text":"51. States parties have to implement, as a matter of priority, core obligations. If a State party fails to satisfy these core obligations, it must demonstrate that it has made every reasonable effort to comply with them, taking into account the totality of the rights enshrined in the Covenant, and in the context of the maximum of its available resources, individually and through international assistance and cooperation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","D. Core obligations"]},{"id":"e-c-12-gc-25-0052","docId":"e-c-12-gc-25","idx":52,"n":52,"text":"52. Core obligations related to the right to participate in and to enjoy the benefits of scientific progress and its applications require States parties to:","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","D. Core obligations"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0053","docId":"e-c-12-gc-25","idx":53,"n":53,"text":"53. The principles of transparency and participation are essential to make science objective and reliable, and to ensure that it is not subject to interests that are not scientific or are inconsistent with fundamental human rights principles and the welfare of society.[[fn:15]] Secrecy and collusion are in principle contrary to the integrity of science at the service of humanity. Thus, States should take measures to avoid the risks associated with the existence of conflicts of interest by creating an environment in which actual or perceived conflicts of interest are adequately disclosed and regulated, especially those involving scientific researchers who give policy advice to policymakers and other public officials.[[fn:16]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":15,"text":"Venice Statement on the Right to Enjoy the Benefits of Scientific Progress and its Applications, para. 12."},{"n":16,"text":"Recommendation on Science and Scientific Researchers, paras. 9 and 14."}],"section":["V. Special topics of broad application","A. Participation and transparency"]},{"id":"e-c-12-gc-25-0054","docId":"e-c-12-gc-25","idx":54,"n":54,"text":"54. A clear benefit of scientific progress is that scientific knowledge is used in decision-making and policies, which should, as far as possible, be based on the best available scientific evidence. States should endeavour to align their policies with the best scientific evidence available. They should, furthermore, promote public trust and support for sciences throughout society and a culture of active citizen engagement with science, particularly through a vigorous and informed democratic debate on the production and use of scientific knowledge, and a dialogue between the scientific community and society.[[fn:17]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":17,"text":"Ibid., para. 5 (c) and (g)."}],"section":["V. Special topics of broad application","A. Participation and transparency"]},{"id":"e-c-12-gc-25-0055","docId":"e-c-12-gc-25","idx":55,"n":55,"text":"55. With due respect to scientific freedom, some decisions concerning the orientation of scientific research or the adoption of certain technical advancements should be subjected to public scrutiny and citizen participation. As far as possible, scientific or technological policies should be established through participatory and transparent processes and should be implemented with accompanying transparency and accountability mechanisms.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","A. Participation and transparency"]},{"id":"e-c-12-gc-25-0056","docId":"e-c-12-gc-25","idx":56,"n":56,"text":"56. Participation also includes the right to information and participation in controlling the risks involved in particular scientific processes and its applications. In this context, the precautionary principle plays an important role. This principle demands that, in the absence of full scientific certainty, when an action or policy may lead to unacceptable harm to the public or the environment, actions will be taken to avoid or diminish that harm. Unacceptable harm includes harm to humans or to the environment that is: (a) threatening to human life or health; (b) serious and effectively irreversible; (c) inequitable to present or future generations; or (d) imposed without adequate consideration of the human rights of those affected.[[fn:18]] Technological and human rights impact assessments are tools that help to identify potential risks early in the process and the use of scientific applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":18,"text":"World Commission on the Ethics of Scientific Knowledge and Technology, “The precautionary principle”, (Paris, UNESCO, 2005), p. 14."}],"section":["V. Special topics of broad application","B. Participation and the precautionary principle"]},{"id":"e-c-12-gc-25-0057","docId":"e-c-12-gc-25","idx":57,"n":57,"text":"57. The application of the precautionary principle is sometimes controversial, particularly in relation to scientific research itself, as limitations on the freedom of scientific research are compatible with the Covenant only in the circumstances set out in article 4. On the contrary, this principle is more broadly applied for the use and application of scientific outcomes. The precautionary principle should not hinder and prevent scientific progress, which is beneficial for humanity. Nonetheless, it should be able to address available risks for human health and the environment, inter alia. Thus, in controversial cases, participation and transparency become crucial because the risks and potential of some technical advances or some scientific research should be made public in order to enable society, through informed, transparent and participatory public deliberation, to decide whether or not the risks are acceptable.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","B. Participation and the precautionary principle"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0058","docId":"e-c-12-gc-25","idx":58,"n":58,"text":"58. In the contemporary world, a significant proportion of scientific research is carried out by business enterprises and non-State actors. This is not only compatible with the Covenant, but can also be instrumental in the enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications. However, large-scale privatization of scientific research without any other consideration might sometimes have negative effects on the enjoyment of this right.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","C. Private scientific research and intellectual property"]},{"id":"e-c-12-gc-25-0059","docId":"e-c-12-gc-25","idx":59,"n":59,"text":"59. In some cases, scientific research conducted or financed by private actors can create conflicts of interests, for instance, when business corporations support research related to the type of economic activities in which they are involved, as happened in the past with some tobacco companies. Mechanisms should be established for the disclosure of these actual or perceived conflicts of interest.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","C. Private scientific research and intellectual property"]},{"id":"e-c-12-gc-25-0060","docId":"e-c-12-gc-25","idx":60,"n":60,"text":"60. Private scientific research has been associated with the development of international and national intellectual property legal regimes, which have complex relationships with the right to participate in and to enjoy the benefits of scientific progress and its applications. On one hand, intellectual property enhances the development of science and technology through economic incentives for innovation, such as patents for inventors, which stimulate the involvement of private actors in scientific research. On the other hand, intellectual property can negatively affect the advancement of science and access to its benefits, in at least in three ways. It is necessary to tackle these three problems in order to ensure that intellectual property promotes the research and innovation crucial to the full enjoyment of economic, social and cultural rights without undermining these rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","C. Private scientific research and intellectual property"]},{"id":"e-c-12-gc-25-0061","docId":"e-c-12-gc-25","idx":61,"n":61,"text":"61. Firstly, intellectual property can sometimes create distortions in the funding of scientific research as private financial support might go only to research projects that are profitable, while funding to address issues that are crucial for economic, social and cultural rights might not be adequate, as these issues do not seem financially attractive for business. This has been the case with the so-called neglected diseases. Second, some intellectual property regulations limit the sharing of information on scientific research for a certain period, as is the case with data exclusivity for patent holders included in some of the “trip-plus” treaties.[[fn:19]] Furthermore, the excessive price of some scientific publications is an obstacle for low-income researchers, especially in developing countries. All those restrictions hinder the advancement of science. Third, although intellectual property provides positive incentives for new research activities and thus plays an important role in contributing to innovation and the development of science, it may, in some cases, pose significant obstacles for persons wishing to access the benefits of scientific progress, which may be crucial for the enjoyment of other economic, social and cultural rights, such as the right to health. Patents give patent holders a temporary exclusive right to exploit the product or service they have invented. Thus, they can determine a price for these products and services. If prices are set very high, access to these products and services becomes impossible for low-income persons or developing countries, as has happened with new medicines that are essential for the health and life of persons with certain diseases.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":19,"text":"World Health Organization, Regional Office for South-East Asia, “Universal health coverage technical brief: data exclusivity and other ‘TRIPS-plus’ measures”, 2017."}],"section":["V. Special topics of broad application","C. Private scientific research and intellectual property"]},{"id":"e-c-12-gc-25-0062","docId":"e-c-12-gc-25","idx":62,"n":62,"text":"62. States should take appropriate measures to foster the positive effects of intellectual property on the right to participate in and to enjoy the benefits of scientific progress and its applications, while at the same time avoiding its possible negative effects. Firstly, to counter distortions of funding associated with intellectual property, States should provide adequate financial support for research that is important for the enjoyment of economic, social and cultural rights, either through national efforts or, if necessary, by resorting to international and technical cooperation. States could also resort to other incentives, such as so-called market entry rewards, which delink remuneration of successful research from future sales, thus fostering research by private actors in these otherwise neglected fields. Second, States should make every effort, in their national regulations and in international agreements on intellectual property, to guarantee the social dimensions of intellectual property, in accordance with the international human rights obligations they have undertaken (E/C.12/2001/15, para. 18). A balance must be reached between intellectual property and the open access and sharing of scientific knowledge and its applications, especially those linked to the realization of other economic, social and cultural rights, such as the rights to health, education and food. The Committee reiterates that ultimately, intellectual property is a social product and has a social function and consequently, States parties have a duty to prevent unreasonably high costs for access to essential medicines, plant seeds or other means of food production, or for schoolbooks and learning materials, from undermining the rights of large segments of the population to health, food and education.[[fn:20]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":20,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 17, para. 35."}],"section":["V. Special topics of broad application","C. Private scientific research and intellectual property"]},{"id":"e-c-12-gc-25-0063","docId":"e-c-12-gc-25","idx":63,"n":63,"text":"63. The right to participate in and to enjoy the benefits of scientific progress and its applications is a human right with an intrinsic value, but it also has an instrumental value, as it constitutes an essential tool for the realization of other economic, social and cultural rights, particularly the right to food and the right to health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights"]},{"id":"e-c-12-gc-25-0064","docId":"e-c-12-gc-25","idx":64,"n":64,"text":"64. Scientific and technological advancements have increased agricultural productivity, contributing to higher availability of food per person and reduction of famine. Nevertheless, the environmental impacts of certain technologies associated with the Green Revolution and the risks associated with increased dependency on technology providers has led, inter alia, the General Assembly to acknowledge that peasants and other people working in rural areas have the right to determine their own food and agriculture systems, recognized by many States and regions as the right to food sovereignty.[[fn:21]] Thus, the right to participate in and to enjoy the benefits of scientific progress and its applications in agriculture should preserve, not violate, the right of peasants and other people working in rural areas to choose which technologies suit them best. Low-input eco-friendly agronomic techniques that increase organic matter content in soil, carbon sequestration and protect biodiversity should also be supported.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":21,"text":"United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, art. 15 (4)."}],"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to food"]},{"id":"e-c-12-gc-25-0065","docId":"e-c-12-gc-25","idx":65,"n":65,"text":"65. In addition, States parties should take appropriate measures to ensure that agricultural research and development integrates the needs of peasants and other people working in rural areas and to ensure their active participation in the determination of priorities and the undertaking of research and development, taking into account their experience and respecting their cultures. Every policy or action taken on biofuels and pesticides should consider all their interconnected complexities and the best available scientific knowledge.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to food"]},{"id":"e-c-12-gc-25-0066","docId":"e-c-12-gc-25","idx":66,"n":66,"text":"66. Inadequate diets have become a major contributing factor to the increase of non-communicable diseases in all regions. Given the proven long-term effects of adequate nutrition during pregnancy and before a child’s second birthday, States should do more to regulate the marketing of breast milk substitutes, to disseminate information about the benefits of adequate feeding practices, and to create an enabling environment for breastfeeding. They should also redirect investments in agricultural development away from the exclusive focus on boosting the production of cereal crops – rice, wheat and maize – towards support for healthy diets, including adequate measures to reduce the excessive intake of sugar. Cereal crops are mainly a source of carbohydrates and contain relatively few proteins and other nutrients essential for adequate diets.[[fn:22]]","labels":["Children","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":22,"text":"Emile Frison and others, “Agricultural biodiversity, nutrition and health: making a difference to hunger and nutrition in the developing world”, Food and Nutrition Bulletin, vol. 27, No. 2 (July 2006)."}],"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to food"]},{"id":"e-c-12-gc-25-0067","docId":"e-c-12-gc-25","idx":67,"n":67,"text":"67. The links between the right to participate in and to enjoy the benefits of scientific progress and its applications and the right to health are clear and diverse. Firstly, scientific progress creates medical applications that prevent diseases, such as vaccinations, or that enable them to be more effectively treated. The right to participate in and to enjoy the benefits of scientific progress and its applications is therefore instrumental in realizing the right to health. States should promote scientific research, through financial support or other incentives, to create new medical applications and make them accessible and affordable to everyone, especially the most vulnerable. In particular, in accordance with the Covenant, States parties should prioritize the promotion of scientific progress to facilitate better and more accessible means for the prevention, control and treatment of epidemic, endemic, occupational and other diseases (art. 12 (2) (c)).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to health"],"citedArticles":[{"treaty":"ICESCR","article":"12","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-25-0068","docId":"e-c-12-gc-25","idx":68,"n":68,"text":"68. In this respect, scientific research is impaired for some substances under the international conventions on drug control,[[fn:23]] which classify these substances as harmful for health and with no scientific or medical value. However, some of these classifications were made with insufficient scientific support to substantiate those classifications, as credible evidence exists regarding the medical uses of a number of them, such as cannabis for the treatment of certain epilepsies. Thus, States parties should harmonize the fulfilment of their obligations under the international drug control regime with their obligations to respect, protect and fulfil the right to participate in and to enjoy the benefits of scientific progress and its applications, through regular revision of their policies in relation to controlled substances. The prohibition of research on those substances is in principle a limitation of this right and should meet the requirements of article 4 of the Covenant. Moreover, given the potential health benefits of these controlled substances, the restrictions should also be weighed up in relation to States parties’ obligations under article 12 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":23,"text":"See the Single Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971 and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988."}],"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to health"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-25-0069","docId":"e-c-12-gc-25","idx":69,"n":69,"text":"69. Second, some applications of scientific progress are protected under intellectual property regimes. The right to participate in and to enjoy the benefits of scientific progress and its applications assists States in making sure that these property rights are not realized to the detriment of the right to health. This right becomes a significant mediator between a human right – the right to health – and a property right. As stated in the World Trade Organization Doha Declaration on the TRIPS Agreement and Public Health (2001), the intellectual property regime should be interpreted and implemented in a manner supportive of the duty of States “to protect public health and, in particular, to promote access to medicines for all”. Thus, States parties should use, when necessary, all the flexibilities of the TRIPS Agreement, such as compulsory licences, to ensure access to essential medicines, especially for the most disadvantaged groups. States parties should also refrain from granting disproportionately lengthy terms of patent protection for new medicines in order to allow, within a reasonable time, the production of safe and effective generic medicines for the same diseases.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to health"]},{"id":"e-c-12-gc-25-0070","docId":"e-c-12-gc-25","idx":70,"n":70,"text":"70. Third, States parties have a duty to make available and accessible to all persons, without discrimination, especially to the most vulnerable, all the best available applications of scientific progress necessary to enjoy the highest attainable standard of heath. States parties should fulfil this duty to the maximum of their available resources, including those available through international assistance and cooperation, and taking into account the full range of economic, social and cultural rights. Safe and effective generic medicines should be prioritized over brand-name medicines in national health plans in order to make better use of the available resources for the fulfilment of economic, social and cultural rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to health"]},{"id":"e-c-12-gc-25-0071","docId":"e-c-12-gc-25","idx":71,"n":71,"text":"71. Fourth, some scientific research can carry health-related risks, both for the participants in the research and as a result of the impact of the applications of the relevant research. States parties should prevent or mitigate these risks through careful application of the precautionary principle and the protection of participants in scientific research. In particular, States should make every effort to ensure that medicines and medical treatments, including in the field of drug dependency, are evidence-based, and that the risks involved have been properly evaluated and communicated in a clear and transparent manner, so that patients can provide properly informed consent.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to health"]},{"id":"e-c-12-gc-25-0072","docId":"e-c-12-gc-25","idx":72,"n":72,"text":"72. Technological change is now so intense and rapid that it is blurring the boundaries between the physical, digital and biological worlds, because of the growing fusion of scientific and technological advancements in areas such as artificial intelligence, robotics, 3D printing, biotechnology, genetic engineering, quantum computers and management of big data. These innovations might change not only society and human behaviour, but even human beings themselves, through genetic engineering or the incorporation in human bodies of technological devices that transform some biological functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","E. Risks and promises of new emerging technologies"]},{"id":"e-c-12-gc-25-0073","docId":"e-c-12-gc-25","idx":73,"n":73,"text":"73. These emerging technologies might, on the one hand, enhance the enjoyment of economic, social and cultural rights. For instance, applications of artificial intelligence in industry or services can lead to enormous gains in productivity and efficiency, and biotechnology can enable the cure or treatment of many diseases. On the other hand, these changes might intensify social inequalities by increasing unemployment and segregation in the labour market, and algorithms incorporated in artificial intelligence can reinforce discrimination, and so forth.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","E. Risks and promises of new emerging technologies"]},{"id":"e-c-12-gc-25-0074","docId":"e-c-12-gc-25","idx":74,"n":74,"text":"74. States parties have to adopt policies and measures that expand the benefits of these new technologies while at the same time reducing their risks. Nevertheless, there are no easy solutions given the varied nature of these new technologies and their complex effects. The Committee will therefore constantly monitor the impact of these new technologies on the enjoyment of economic, social and cultural rights. For the Committee, three elements remain very important: firstly, international cooperation should be enhanced in this field as these technologies need global regulations in order to be effectively managed. Fragmented national responses to these transnational technologies would create governance gaps detrimental to the enjoyment of economic, social and cultural rights and would perpetuate technological divides and economic disparities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","E. Risks and promises of new emerging technologies"]},{"id":"e-c-12-gc-25-0075","docId":"e-c-12-gc-25","idx":75,"n":75,"text":"75. Second, decisions concerning the development and use of these technologies should be taken within a human rights framework and from a holistic and inclusive perspective.[[fn:24]] All cross-cutting human rights principles, such as transparency, non-discrimination, accountability and respect for human dignity, become crucial in this field. For instance, States parties should develop mechanisms so that autonomous intelligent systems are designed in ways that avoid discrimination, enable their decisions to be explained, and allow accountability for their use. In addition, States parties should establish a legal framework that imposes on non-State actors a duty of human rights due diligence,[[fn:25]] especially in the case of big technology companies (see A/74/493). This legal framework should include measures that require companies to prevent discrimination at both the input and output levels of artificial intelligence systems and other technologies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":24,"text":"See The Age of Digital Interdependence: report of the UN Secretary-General’s High-level Panel on Digital Cooperation. Available at https://digitalcooperation.org/wp-content/uploads/2019/06/DigitalCooperation-report-web-FINAL-1.pdf."},{"n":25,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities, para. 16."}],"section":["V. Special topics of broad application","E. Risks and promises of new emerging technologies"]},{"id":"e-c-12-gc-25-0076","docId":"e-c-12-gc-25","idx":76,"n":76,"text":"76. Third, some aspects related to these new technologies deserve special attention because of their particular impact on the enjoyment of economic, social and cultural rights. For instance, States parties should adopt policies to ensure that those vulnerable to temporary and long-term job loss as a result of scientific and technological advances are provided with and encouraged to pursue vocational training and other job placement opportunities. Moreover, taking into account that many of the emerging inequalities are strongly linked to the capacity of some business entities to access, store and exploit massive data, it is crucial to regulate the ownership and control of data according to human rights principles.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","E. Risks and promises of new emerging technologies"]},{"id":"e-c-12-gc-25-0077","docId":"e-c-12-gc-25","idx":77,"n":77,"text":"77. The duty to cooperate internationally towards the fulfilment of all economic, social and cultural rights, established in article 2 of the Covenant and in articles 55 and 56 of the Charter of the United Nations, is reinforced in relation to the right to participate in and to enjoy the benefits of scientific progress and its applications, as article 15 (4) of the Covenant specifically provides that States parties recognize the benefits to be derived from the encouragement and development of international contacts and cooperation in the scientific and cultural fields. States need to take steps through legislation and policies, including diplomatic and foreign relations, to promote an enabling global environment for the advancement of science and the enjoyment of the benefits of its applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["VI. International cooperation"],"citedArticles":[{"article":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'duty to cooperate internationally... established in article 2 of the Covenant'; ICESCR art.2."},{"article":"55","treaty":"?","confidence":"high","source":"opus","rationale":"'articles 55 and 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Same 'articles 55 and 56 of the Charter of the United Nations'."},{"article":"15","paragraph":"4","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 15 (4) of the Covenant' on international scientific cooperation; ICESCR."}]},{"id":"e-c-12-gc-25-0078","docId":"e-c-12-gc-25","idx":78,"n":78,"text":"78. This reinforced duty of international cooperation has several important justifications and dimensions. Firstly, as certain fields of science necessitate universal endeavour, international cooperation among scientists should be encouraged in order to foster scientific progress. Thus, States should take steps to promote and enable scientific researchers to participate in the “international scientific and technological community”,[[fn:26]] especially through facilitating their travel in and out of their territory and implementing policies that enable scientific researchers to freely share data and educational resources internationally, for example, by means of virtual universities.[[fn:27]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":26,"text":"Recommendation on Science and Scientific Researchers, para. 31."},{"n":27,"text":"Ibid., para. 18."}],"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0079","docId":"e-c-12-gc-25","idx":79,"n":79,"text":"79. Second, international cooperation is essential because of the existence of deep international disparities among countries in science and technology. If it is necessary, owing to financial or technological constraints, developing States should resort to international assistance and cooperation, with a view to complying with their obligations under the Covenant. Developed States should contribute to the development of science and technology in developing countries, adopting measures to achieve this purpose, such as allocating development aid and funding towards building and improving scientific education, research and training in developing countries, promoting collaboration between scientific communities of developed and developing countries to meet the needs of all countries and facilitating their progress while respecting national regulations. Access to research results and their applications should be regulated in a form that allows developing countries and their citizens adequate access to these products in an affordable manner, such as access to essential medicines. While respecting the right of scientists to decide on their own careers, developed States should also implement reasonable policies for identifying and countering, rather than fostering, the effects of brain drain.[[fn:28]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":28,"text":"Ibid."}],"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0080","docId":"e-c-12-gc-25","idx":80,"n":80,"text":"80. Third, the benefits and applications resulting from scientific progress should be shared, with due incentives and regulations, with the international community, particularly with developing countries, communities living in poverty and groups with special needs and vulnerabilities, especially when the benefits are closely related to the enjoyment of economic, social and cultural rights.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0081","docId":"e-c-12-gc-25","idx":81,"n":81,"text":"81. Fourth, international cooperation is essential because the most acute risks to the world related to science and technology, such as climate change, the rapid loss of biodiversity, the development of dangerous technologies, such as autonomous weapons based on artificial intelligence, or the threat of weapons of mass destruction, especially nuclear weapons, are transnational and cannot be adequately addressed without robust international cooperation. States should promote multilateral agreements to prevent these risks from materializing or to mitigate their effects. States should also take measures in cooperation with other States against biopiracy and against illicit trafficking of organs, tissues, samples, genetic resources and genetic-related materials.[[fn:29]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":29,"text":"Ibid."}],"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0082","docId":"e-c-12-gc-25","idx":82,"n":82,"text":"82. Pandemics are a crucial example of the need for scientific international cooperation to face transnational threats. Viruses and other pathogens do not respect borders. If adequate measures are not taken, a local epidemic can very quickly become a pandemic with devastating consequences. The role of the World Health Organization in this field remains fundamental and should be supported. Combating pandemics effectively requires stronger commitment from States to scientific international cooperation, as national solutions are insufficient. Enhanced international cooperation could increase the preparedness of States and of international organizations to face future pandemics, for instance by sharing scientific information about potential pathogens. It should also improve early warning mechanisms, based on timely and transparent information provided by States on emerging epidemics that have the potential to transform into a pandemic, which would allow early interventions, based on the best scientific evidence, aimed at controlling the epidemics and preventing them from becoming a pandemic. If a pandemic develops, sharing the best scientific knowledge and its applications, especially in the medical field, becomes crucial to mitigate the impact of the disease and to expedite the discovery of effective treatments and vaccines. After the pandemic is over, scientific research should be promoted to learn lessons and increase preparedness for possible pandemics in the future.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0083","docId":"e-c-12-gc-25","idx":83,"n":83,"text":"83. States also have extraterritorial obligations with regard to the full realization of the right to participate in and to enjoy the benefits of scientific progress and its applications. In particular, States parties, when negotiating international agreements or adopting their domestic intellectual property regime, should ensure that traditional knowledge is protected, contributions to scientific knowledge are appropriately credited and that intellectual property regimes foster the enjoyment of this right.[[fn:30]] These bilateral and multilateral agreements should enable developing countries to build their capacity to participate in generating and sharing scientific knowledge and benefiting from its applications. The Committee recalls that States parties participating in decisions as members of international organizations cannot ignore their human rights obligations (see E/C.12/2016/1). Thus, States parties should direct their efforts and exercise their voting powers in these organizations towards ensuring respect, protection and fulfilment of the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":30,"text":"Ibid."}],"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0084","docId":"e-c-12-gc-25","idx":84,"n":84,"text":"84. States parties also have an extraterritorial obligation to regulate and monitor the conduct of multinational companies over which they can exercise control, in order for the companies to exercise due diligence to respect the right to participate in and to enjoy the benefits of scientific progress and its applications, also when acting abroad.[[fn:31]] States parties should provide remedies, including judicial remedies, for victims of these companies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":31,"text":"General comment No. 24, paras. 31–33."}],"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0085","docId":"e-c-12-gc-25","idx":85,"n":85,"text":"85. While States parties have a wide margin of discretion in selecting the steps they consider most appropriate to achieve the full realization of all economic, social and cultural rights,[[fn:32]] including the right to participate in and to enjoy the benefits of scientific progress and its applications, at least four types of measures should be implemented.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":32,"text":"General comment No. 21, para. 66."}],"section":["VII. National implementation"]},{"id":"e-c-12-gc-25-0086","docId":"e-c-12-gc-25","idx":86,"n":86,"text":"86. Firstly, States parties should put in place a normative framework that ensures the full enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications, without discrimination, and that creates an enabling and participatory environment for the conservation, the development and the diffusion of science and technology. This framework should include, inter alia, the protection of access, without discrimination, to the benefits of scientific progress, especially when other economic, social and cultural rights are at stake for those most in need; the protection of freedom of research with limits compatible with article 4 of the Covenant; measures to ensure that ethics and human rights are respected in scientific research, including the establishment of committees on ethics when necessary; measures to harmonize intellectual property with the right to participate in and to enjoy the benefits of scientific progress and its applications; and adequate protection against all forms of discrimination.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["VII. National implementation"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0087","docId":"e-c-12-gc-25","idx":87,"n":87,"text":"87. Second, States parties should develop a national plan of action to promote scientific progress and to disseminate its results and products to all persons, without discrimination. Such a plan will help ensure that various scientific endeavours are not carried out in a fragmented and uncoordinated manner, but are part of an integrated effort for the promotion, the conservation and the diffusion of science. This plan of action should include, inter alia: measures to facilitate access without discrimination to the applications of scientific progress, especially when these applications are needed for the enjoyment of economic, social and cultural rights; measures to strengthen human and institutional scientific capacities in the State; adequate public funding, especially for research that is relevant to meet the needs of the population and for the promotion of access to scientific education, particularly for groups that traditionally face discrimination in this field; mechanisms to promote a culture of scientific inquiry, public trust and support for sciences in society, particularly through a vigorous and informed democratic debate on the production and use of scientific knowledge, and a dialogue between the scientific community and society; mechanisms to protect the population from false, misleading and pseudoscience-based practices, especially when other economic, social and cultural rights are at risk; measures to ensure ethics in science, such as the establishment or promotion of independent, multidisciplinary and pluralist ethics committees to assess the relevant ethical, legal, scientific and social issues related to research projects; and measures to enhance the professional and material conditions of scientific researchers.[[fn:33]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":33,"text":"Recommendation on Science and Scientific Researchers, paras. 4–6."}],"section":["VII. National implementation"]},{"id":"e-c-12-gc-25-0088","docId":"e-c-12-gc-25","idx":88,"n":88,"text":"88. Third, States parties should identify appropriate indicators and benchmarks, including disaggregated statistics and time frames, which allow them to monitor effectively the implementation of the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["VII. National implementation"]},{"id":"e-c-12-gc-25-0089","docId":"e-c-12-gc-25","idx":89,"n":89,"text":"89. Fourth, like all other rights, the right to participate in and to enjoy the benefits of scientific progress and its applications is enforceable and is therefore also justiciable.[[fn:34]] States parties should establish effective mechanisms and institutions, where they do not already exist, to prevent violations of the right and to ensure effective judicial, administrative and other remedies for victims if such violations occur. As this right can be threatened or violated not only by actions of the State but also through omissions, remedies must be effective in both cases.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":34,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 9 (1998) on the domestic application of the Covenant."}],"section":["VII. National implementation"]},{"id":"e-c-12-gc-26-0001","docId":"e-c-12-gc-26","idx":1,"n":1,"text":"Land plays an essential role in the realization of a range of rights under the International Covenant on Economic, Social and Cultural Rights. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. In many parts of the world, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["I. Introduction"]},{"id":"e-c-12-gc-26-0002","docId":"e-c-12-gc-26","idx":2,"n":2,"text":"However, the current use and management of land are not conducive to the realization of the rights enshrined in the Covenant. The most important factors in this trend are the following: (a) The increased competition for access to and control over land. Long-term trends in high demand for land and rapid urbanization in most parts of the world have had a significant impact on the rights of many, in particular peasants, rural communities, pastoralists, fisherfolk and Indigenous Peoples, as well as persons living in poverty in urban areas; (b) In cities, the financialization of housing markets has led to competition between different groups for access to and control over land and has encouraged speculation and inflation, affecting the rights of those left behind to an adequate standard of living and to adequate housing; (c) In rural areas, competition for arable land resulting from demographic growth, urbanization, large-scale development projects and tourism has significantly affected the livelihoods and rights of rural populations; (d) Land degradation owing to overuse, poor management and unsustainable agricultural practices has caused food insecurity and water degradation and is directly linked to climate change and environmental degradation, escalating the risk of widespread, abrupt and irreversible environmental changes, including massive desertification;[[fn:1]] (e) Measures to mitigate climate change, such as large-scale renewable energy projects or reforestation measures, might contribute to such trends when not adequately managed; (f) Global trends, including climate change and the resulting increase in internal and cross-border migration, are likely to increase tensions over the access to and use and tenure of land, with negative implications for human rights; (g) Weak, mismanaged, corrupt or non-existent legal and institutional frameworks for the governance of land tenure exacerbate these problems and lead to land disputes and conflicts, social inequality, hunger and poverty.","labels":["Indigenous peoples","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[],"section":["I. Introduction"]},{"id":"e-c-12-gc-26-0003","docId":"e-c-12-gc-26","idx":3,"n":3,"text":"Concerns relating to access to, use of and control over land have led in recent years to the adoption of a number of international instruments that have significantly influenced national legislation and policy and have been widely endorsed by Governments. In 2004, the Council of the Food and Agriculture Organization of the United Nations (FAO) adopted the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security,[[fn:1]] which contain several provisions relating to access to natural resources, including land and water. In 2012, the Committee on World Food Security endorsed the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security,[[fn:2]] which have acquired a high degree of legitimacy owing to, inter alia, the inclusive nature of that Committee. In 2014, the Committee on World Food Security endorsed the Principles for Responsible Investment in Agriculture and Food Systems, which address, inter alia, the human rights implications of agricultural investments.[[fn:3]] In 2007, in its resolution 61/295, the General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples and in 2018, in its resolution 73/165, it adopted the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, in both of which the Assembly recognized a right to land for these populations. Indeed, the importance of land for the realization of many human rights has led some scholars, civil society organizations and special rapporteurs to consider land as a human right, with reference to all the rights, entitlements and State obligations relating to land. One example is the basic principles and guidelines on development-based evictions and displacement, which were drawn up by the Special Rapporteur on the right to adequate housing as a component of the right to an adequate standard of living.[[fn:4]]","labels":["Indigenous peoples","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":1,"text":"See https://www.fao.org/3/y7937e/y7937e00.htm."},{"n":2,"text":"See https://doi.org/10.4060/i2801e."},{"n":3,"text":"See https://www.fao.org/fileadmin/templates/cfs/Docs1314/rai/CFS_Principles_Oct_2014_EN.pdf."},{"n":4,"text":"A/HRC/4/18, annex I."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-26-0004","docId":"e-c-12-gc-26","idx":4,"n":4,"text":"The present general comment was formulated on the basis of the Committee’s experience in its review of State party reports[[fn:5]] and in the light of its other general comments and its Views and decisions on communications. It is aimed at clarifying States’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the Covenant, especially for the most disadvantaged and marginalized individuals and groups. Thus, it is aimed at clarifying the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":5,"text":"The Committee has referred to land-related issues in approximately 50 concluding observations since 2001. See, for example, E/C.12/IND/CO/5, E/C.12/KHM/CO/1, E/C.12/MDG/CO/2 and E/C.12/TZA/CO/1."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-gc-26-0005","docId":"e-c-12-gc-26","idx":5,"n":5,"text":"Secure and equitable access to, use of and control over land can have direct and indirect implications for the enjoyment of a range of rights enshrined in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["II. Provisions of the Covenant relating to land"]},{"id":"e-c-12-gc-26-0006","docId":"e-c-12-gc-26","idx":6,"n":6,"text":"First, land is crucial to guarantee the enjoyment of the right to adequate food, as land is used in rural areas for the purpose of food production. Consequently, if land users are deprived of the land they use for productive purposes, their right to adequate food might be endangered. Article 11 (2) of the Covenant provides that States parties, recognizing the connection between the right to be free from hunger and the utilization of natural resources, which include land, should develop or reform agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources. In the Committee’s general comment No. 12 (1999) on the right to adequate food and in the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, the importance of access to productive resources is highlighted as a key element for the realization of the right to adequate food, particularly in rural areas, where most peasants and pastoralists live and where people are more likely to experience hunger.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["II. Provisions of the Covenant relating to land"],"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-26-0007","docId":"e-c-12-gc-26","idx":7,"n":7,"text":"Second, as access to land provides space for housing, the enjoyment of the right to adequate housing depends largely on having secure access to land. Without such access, people could be subject to displacement and forced eviction, which could violate their right to adequate housing. Secure access to land in rural areas serves the rights to both adequate food and housing, as housing is often built on land used for the purpose of food production.","labels":["Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["II. Provisions of the Covenant relating to land"]},{"id":"e-c-12-gc-26-0008","docId":"e-c-12-gc-26","idx":8,"n":8,"text":"Third, land is also directly linked to the enjoyment of the right to water. For example, the enclosure of communal grounds deprives people from access to water sources that are necessary to meet their personal and domestic needs.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["II. Provisions of the Covenant relating to land"]},{"id":"e-c-12-gc-26-0009","docId":"e-c-12-gc-26","idx":9,"n":9,"text":"Fourth, the use of land may affect the enjoyment of the right to the highest attainable standard of physical and mental health. For example, land use that relies on pesticides, fertilizers and plant growth regulators or that results in the production of animal waste and other microorganisms has contributed to various respiratory diseases.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["II. Provisions of the Covenant relating to land"]},{"id":"e-c-12-gc-26-0010","docId":"e-c-12-gc-26","idx":10,"n":10,"text":"Fifth, land is closely and often intrinsically related to the enjoyment of the right to take part in cultural life owing to the particular spiritual or religious significance of land to many communities, for example, when land serves as a basis for social, cultural and religious practices or the expression of cultural identity.[[fn:6]] This is particularly relevant for Indigenous Peoples and for peasants and other local communities living traditional lifestyles.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":6,"text":"African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya, communication No. 276/03, Decision, forty-sixth ordinary session, 11–25 November 2005, para. 241; Inter-American Court of Human Rights, Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Judgment, 31 August 2001, paras. 148–149 and 151, and Yakye Axa Indigenous Community v. Paraguay, Judgment, 17 June 2005, paras. 131–132; and Human Rights Chamber for Bosnia and Herzegovina, The Islamic Community in Bosnia and Herzegovina v. The Republika Srpska, Case No. CH/96/29, Decision, 11 June 1999, paras. 182 and 187."}],"section":["II. Provisions of the Covenant relating to land"]},{"id":"e-c-12-gc-26-0011","docId":"e-c-12-gc-26","idx":11,"n":11,"text":"Sixth, land is also closely linked to the right to self-determination, enshrined in article 1 of the Covenant, the importance of which was emphasized in Declaration on the Right to Development (1986). The realization of self-determination is an essential condition for the effective guarantee and observance of individual human rights and for the promotion and strengthening of those rights.[[fn:7]] Indigenous Peoples can freely pursue their political, economic, social and cultural development and dispose of their natural wealth and resources for their own ends only if they have land or territory in which they can exercise their self-determination.[[fn:8]] The present general comment deals only with the internal self-determination of Indigenous Peoples, which has to be exercised in accordance with international law and respecting the territorial integrity of States.[[fn:9]] Thus, according to their right to internal self-determination, the collective ownership of lands, territories and resources of Indigenous Peoples shall be respected, which implies that these lands and territories shall be demarcated and protected by States parties.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":7,"text":"Human Rights Committee, general comment No. 12 (1984), para. 1."},{"n":8,"text":"United Nations Declaration on the Rights of Indigenous Peoples, preamble and arts. 10 and 26."},{"n":9,"text":"Käkkäläjärvi et al. v. Finland (CCPR/C/124/D/2950/2017)."}],"section":["II. Provisions of the Covenant relating to land"],"citedArticles":[{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-gc-26-0012","docId":"e-c-12-gc-26","idx":12,"n":12,"text":"Under articles 2 (2) and 3 of the Covenant, States parties are required to eliminate all forms of discrimination and to ensure substantive equality.[[fn:10]] Accordingly, States parties shall undertake regular reviews to ensure that domestic laws and policies do not discriminate against people on any prohibited grounds. They should also adopt specific measures, including legislation, aimed at eliminating discrimination against both public and private entities in relation to rights under the Covenant in land-related contexts. In particular, women, Indigenous Peoples, peasants and other people working in rural areas deserve special attention, either because they have been traditionally discriminated against in terms of access to, use of and control over land or because of their particular relationship to land.","labels":["Indigenous peoples","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":10,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), paras. 7–8."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-26-0013","docId":"e-c-12-gc-26","idx":13,"n":13,"text":"Women are among those who are disproportionately affected by poor access to, use of, control over and bad governance of land, threatening their rights under the Covenant and potentially leading to discrimination, including intersectional discrimination. In several of its concluding observations, the Committee has drawn special attention to discrimination against women with regard to security of land tenure, access to, use of and control over land, marital property, inheritance and exclusion from decision-making processes, including in the context of communal forms of land tenure.[[fn:11]] In its general comment No. 16 (2005), the Committee noted that women have a right to own, use or otherwise control housing, land and property on an equal basis with men, and to access necessary resources to do so (para. 28).[[fn:12]] In its general comment No. 12 (1999), the Committee recognized the importance of full and equal access to economic resources, particularly for women, including the right to inheritance and the ownership of land (para. 26).[[fn:13]]","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":11,"text":"With regard to discrimination in relation to access to land, particularly access and ownership, see, for example, E/C.12/GIN/CO/1, E/C.12/CMR/CO/4, E/C.12/MLI/CO/1, E/C.12/NER/CO/1, E/C.12/ZAF/CO/1 and E/C.12/CAF/CO/1. Concerning the very small number of women who own land, see, for example, E/C.12/ZAF/CO/1. Regarding traditional and customary law and practice depriving women of their inheritance and property rights, see, for example, E/C.12/BEN/CO/3, E/C.12/CMR/CO/4, E/C.12/ZAF/CO/1, E/C.12/NER/CO/1 and E/C.12/CAF/CO/1. Regarding patriarchal attitudes and attitudes based on stereotypes, see, for example, E/C.12/NER/CO/1."},{"n":12,"text":"See also Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, arts. 15–16, 18 and 19 (c)."},{"n":13,"text":"See also Committee on the Elimination of Discrimination against Women, general recommendation No. 34 (2016), in which that Committee recognized rural women’s rights to land, natural resources, including water, seeds and forests, and fisheries as fundamental human rights and emphasized that States parties should take all measures necessary to achieve the substantive equality of rural women in relation to land and natural resources (paras. 56–57)."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","1. Women"]},{"id":"e-c-12-gc-26-0014","docId":"e-c-12-gc-26","idx":14,"n":14,"text":"For women, land is a pivotal resource for meeting subsistence needs and for accessing other goods and services, such as credit. Furthermore, land is important to enhance women’s engagement in household decision-making and for their participation in rural institutions that could strengthen their decision-making power and leverage over collective rights and resources. In addition, women’s property ownership improves children’s welfare and increases access to sexual and reproductive health services. It also reduces women’s exposure to violence, in part because women who have security in access to tenure can flee domestic violence more easily by seeking access to protection, and also by making women’s households more secure, by enhancing women’s self-confidence and self-esteem and their role in decision-making, and by allowing them to garner more social, familial and community support.[[fn:14]] Thus, in cases of agrarian reform or any redistribution of land, the right of women, regardless of marital status, to share such redistributed land on equal terms with men should be carefully observed. States should also monitor and regulate customary law, which in many countries has an important role in governing land, to protect the rights of women and girls who are affected by traditional inheritance rules of male primogeniture.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":14,"text":"International Center for Research on Women, Property Ownership & Inheritance Rights of Women for Social Protection – The South Asia Experience (Washington, D.C., 2006), pp. 12 and 100. See also Committee on the Elimination of Discrimination against Women, general recommendation No. 34 (2016), paras. 55–78."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","1. Women"]},{"id":"e-c-12-gc-26-0015","docId":"e-c-12-gc-26","idx":15,"n":15,"text":"However, laws and social customs such as those providing that, upon the death of a man, his land belongs to his sons and not his widow or daughters, remain in place, despite their flagrant violation of women’s rights under the Covenant.[[fn:15]] Ensuring that women enjoy the rights enshrined in the Covenant on an equal basis to men requires the removal of traditional land regulations and structures that discriminate against women. This could be achieved by a combination of traditional and modern land governance regimes.[[fn:16]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":15,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 34 (2016), paras. 55–78."},{"n":16,"text":"African Union, African Development Bank and Economic Commission for Africa, Framework and guidelines on land governance in Africa (Addis Ababa, 2010), para. 3.1.3."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","1. Women"]},{"id":"e-c-12-gc-26-0016","docId":"e-c-12-gc-26","idx":16,"n":16,"text":"The right of Indigenous Peoples over the lands and territories they have traditionally occupied is recognized in international law. The Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization and the United Nations Declaration on the Rights of Indigenous Peoples (arts. 25–28)[[fn:17]] both recognize Indigenous Peoples’ right to land and territory.[[fn:18]] These sources of international human rights law provide for respect for and the protection of the relationship that Indigenous Peoples have with their lands, territories and resources, requiring States to demarcate their lands, protect those lands from encroachment and respect their right to manage the lands according to their internal modes of organization. The spiritual relationship of Indigenous Peoples to land is linked not only to spiritual ceremonies but also to every activity on land, such as hunting, fishing, herding and gathering plants, medicines and foods. Thus, States parties should ensure Indigenous Peoples’ right to maintain and strengthen their spiritual relationship with their lands, territories and resources, including waters and seas in their possession or no longer in their possession but which they owned or used in the past. Indigenous Peoples have the right to have their lands demarcated, and relocation should be allowed only under narrowly defined circumstances and with the prior, free and informed consent of the groups concerned.[[fn:19]] Laws and policies should protect Indigenous Peoples from the risk of State encroachment on their land, for instance for the development of industrial projects or for large-scale investments in agricultural production.[[fn:20]] Regional human rights courts have contributed to strengthening the rights of Indigenous Peoples to their lands and territories.[[fn:21]] Both the Inter-American Court of Human Rights and the African Commission on Human and Peoples’ Rights have taken the view that Indigenous Peoples who have unwillingly lost possession of their lands without their free and prior consent after a lawful transfer to third parties “are entitled to restitution thereof or to obtain other lands of equal extension and quality”.[[fn:22]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":17,"text":"See also the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, guideline 9."},{"n":18,"text":"See also A/HRC/45/38."},{"n":19,"text":"Arts. 10–11, 19, 28–29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples refer to the necessity to seek Indigenous Peoples’ free, prior and informed consent on measures affecting them. This operates as a safeguard for the collective rights of Indigenous Peoples. See A/HRC/39/62."},{"n":20,"text":"United Nations Declaration on the Rights of Indigenous Peoples, arts. 28 and 32."},{"n":21,"text":"Inter-American Court of Human Rights, Mayagna (Sumo) Awas Tingni Community v. Nicaragua, paras. 151 and 164. For a discussion of the case law of the Inter-American bodies in that area, see Fergus MacKay, “From ‘sacred commitment’ to justiciable norms: indigenous peoples’ rights in the Inter-American system,” in Casting the Net Wider: Human Rights, Development and New Duty-Bearers, Margot E. Salomon, Arne Tostensen and Wouter Vandenhole, eds. (Antwerp, Intersentia, 2007). See also African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Republic of Kenya, Application No. 006/2012, Judgment, 26 May 2017."},{"n":22,"text":"Inter-American Court of Human Rights, Sawhoyamaxa Indigenous Community v. Paraguay, Judgment, 29 March 2006, para. 128; and African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya, para. 209. The Committee on the Elimination of Racial Discrimination, in its general recommendation No. 23 (1997), also highlighted that compensation “should as far as possible take the form of land and territories” (para. 5)."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","2. Indigenous Peoples"]},{"id":"e-c-12-gc-26-0017","docId":"e-c-12-gc-26","idx":17,"n":17,"text":"In recent jurisprudence of regional human rights courts, some of the rights applicable to Indigenous Peoples concerning land have been extended to some traditional communities that maintain a similar relationship to their ancestral lands, centred on the community rather than the individual.[[fn:23]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":23,"text":"Inter-American Court of Human Rights, Moiwana Community v. Suriname, Judgment, 15 June 2005, paras. 132–133, and Saramaka People v. Suriname, Judgment, 28 November 2007, para. 86."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","2. Indigenous Peoples"]},{"id":"e-c-12-gc-26-0018","docId":"e-c-12-gc-26","idx":18,"n":18,"text":"Access to land has particular importance for the realization of the rights of peasants and other people working in rural areas worldwide.[[fn:24]] For peasants, access to land and other productive resources is so important for the realization of most rights under the Covenant that it implies for them a right to land. Articles 5 and 17 of the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas recognize this right to land for peasants and other people working in rural areas, which include agricultural workers, pastoralists and fisherfolk. This right can be exercised individually and collectively. It includes the right to have access to, sustainably use and manage land to achieve an adequate standard of living, to have a place to live in security, peace and dignity and to develop their cultures.[[fn:25]] States should take measures to support peasants to use the land in a sustainable manner, to maintain soil fertility and its productive resources, and to ensure that their methods of production do not endanger the environment for others, in terms of aspects such as access to clean water and preservation of biodiversity.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":24,"text":"For an example of the importance of land for peasants’ civil and political rights, see Portillo Cáceres et al. v. Paraguay (CCPR/C/126/D/2751/2016)."},{"n":25,"text":"Human Rights Council resolution 39/12, annex, art. 17 (1)."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","3. Peasants and other people working in rural areas"],"citedArticles":[{"treaty":"ICESCR","article":"5","source":"regex"},{"treaty":"ICESCR","article":"17","source":"regex"}]},{"id":"e-c-12-gc-26-0019","docId":"e-c-12-gc-26","idx":19,"n":19,"text":"If disputes over land arise between Indigenous Peoples or peasants, States shall provide mechanisms for the adequate settlement of those disputes, making every effort to satisfy the right to land of both groups.[[fn:26]] Both groups depend to a large extent on access to communal lands or to collective ownership. Respect for Indigenous Peoples’ self-determination and their customary land tenure system necessitates recognition of their collective ownership of lands, territories and resources.[[fn:27]] There are also other groups, including peasants, pastoralists and fisherfolk, for whom access to communal lands or the commons for gathering firewood, collecting water or medicinal plants or for hunting and fishing is essential. Customary forms of property may provide security for people who depend on commons and for whom formal property rights are generally not an appropriate solution. However, ill-conceived attempts to formalize customary tenure rights through titling schemes and the enclosure of communal lands might exclude such people from access to resources on which they depend, affecting the right to food, the right to water and other rights enshrined in the Covenant. Consequently, States have an obligation to guarantee secure access to legitimate land users without discrimination, including those who depend on collective or communal land.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":26,"text":"On the need to harmonize the right to land of peasants and Indigenous Peoples, see Inter-American Court of Human Rights, Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina, Judgment, 6 February 2020."},{"n":27,"text":"A/HRC/45/38. See also Käkkäläjärvi et al. v. Finland (CCPR/C/124/D/2950/2017)."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","3. Peasants and other people working in rural areas"]},{"id":"e-c-12-gc-26-0020","docId":"e-c-12-gc-26","idx":20,"n":20,"text":"Participation, consultation and transparency are key principles for the implementation of obligations arising from the Covenant, including in relation to land. Individuals and communities shall be properly informed about and allowed to meaningfully participate in decision-making processes that may affect their enjoyment of rights under the Covenant in land-related contexts, without retaliation.[[fn:28]] Equal access to sufficient and transparent information for all parties involved in decision-making is key for human rights-based participation in decision-making. States parties should develop relevant laws, policies and procedures to ensure transparency, participation and consultation in relation to decision-making affecting land, including in relation to land registration, land administration and land transfers, as well as prior to evictions from land. Decision-making processes should be transparent, organized in the relevant languages, without barriers and with reasonable accommodation for all involved.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":28,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 16 (2005), para. 37, and general comment No. 21 (2009), para. 16 (c). See also African Commission on Human and Peoples’ Rights, “State reporting guidelines and principles on articles 21 and 24 of the African Charter relating to extractive industries, human rights and the environment” (Niamey, 2017), pp. 26–27; and Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 3B (6)."}],"section":["III. Obligations of States parties under the Covenant","B. Participation, consultation and transparency"]},{"id":"e-c-12-gc-26-0021","docId":"e-c-12-gc-26","idx":21,"n":21,"text":"Decision-making processes should be widely publicized and include procedures to grant access to all relevant documents. Affected persons need to be contacted prior to any decision that might affect their rights under the Covenant. The international legal standard for Indigenous Peoples is that of free, prior and informed consent,[[fn:29]] which needs to be a process of dialogue and negotiation where consent is the objective. Indigenous Peoples shall not only be involved in decision-making processes, but shall also be able to actively influence their outcome. Consent is required for relocation, as stated in article 10 of the United Nations Declaration on the Rights of Indigenous Peoples. The right to participate is meaningful only when its use does not entail any form of retaliation.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":29,"text":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 9.9."}],"section":["III. Obligations of States parties under the Covenant","B. Participation, consultation and transparency"],"citedArticles":[{"article":"10","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly states 'article 10 of the United Nations Declaration on the Rights of Indigenous Peoples' (UNDRIP) — a non-treaty UN declaration, not in the enumerated treaty list."}]},{"id":"e-c-12-gc-26-0022","docId":"e-c-12-gc-26","idx":22,"n":22,"text":"The obligation to respect requires that States parties do not interfere directly or indirectly with the rights enshrined in the Covenant relating to land, including the access to, use of and control over land. The obligation to respect means not doing any of the following: (a) interfering with land users’ legitimate tenure rights,[[fn:30]] in particular by evicting occupants from land on which they depend for their livelihoods; (b) evicting by force and demolishing property as punitive measures; (c) committing any discriminatory acts in the process of land registration and land administration, including on the basis of marital status, legal capacity or access to economic resources; or (d) committing any act of corruption with regard to tenure administration and tenure transfers. The obligation to respect also entails respecting existing access to land of all legitimate tenure holders and respecting decisions of concerned communities to manage their lands according to internal modes of organization.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":30,"text":"The term “legitimate tenure right holder” was developed during the negotiations of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security in 2012 in order to clarify the fact that legitimate tenure right holders include not only those with formal land titles, but also those with customary, collective or traditional tenure rights that might not be recognized by law."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","1. Obligation to respect"]},{"id":"e-c-12-gc-26-0023","docId":"e-c-12-gc-26","idx":23,"n":23,"text":"States should provide all persons with a reasonable degree of tenure security that guarantees legal protection against forced evictions. More generally, the Covenant imposes on States a duty to abstain from interfering with land users’ legitimate tenure rights, particularly by not evicting occupants from the land on which they depend for their livelihoods. Forced evictions are prima facie incompatible with the requirements of the Covenant.[[fn:31]] The relevant authorities shall ensure that evictions are only carried out in accordance with legislation that is compatible and in conformity with the Covenant and in accordance with the general principles of reasonableness and proportionality between the legitimate objective of the eviction and its consequences for the evicted persons.[[fn:32]] That obligation arises from the interpretation of the State party’s obligations under article 2 (1) of the Covenant, read in conjunction with article 11, and in accordance with the requirements of article 4, which stipulates the conditions under which limitations on the enjoyment of the rights under the Covenant are permitted. Firstly, the limitation shall be determined by law. Secondly, it shall promote the general welfare or “public purpose” in a democratic society. Thirdly, it shall be suited to the legitimate purpose cited. Fourthly, the limitation shall be necessary, in the sense that it is the least restrictive measure to fulfil the legitimate purpose. Lastly, the benefits of the limitation in promoting the general welfare shall outweigh the impact on the enjoyment of the right being limited.[[fn:33]] States parties shall clearly define the concepts of public purpose in law, in order to allow for judicial review. States parties shall introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards.[[fn:34]]","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":31,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997), para. 1."},{"n":32,"text":"Ben Djazia et al. v. Spain (E/C.12/61/D/5/2015), para. 13.4."},{"n":33,"text":"Gómez-Limón Pardo v. Spain (E/C.12/67/D/52/2018), para. 9.4."},{"n":34,"text":"For further reference, see the basic principles and guidelines on development-based evictions and displacement."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","1. Obligation to respect"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-26-0024","docId":"e-c-12-gc-26","idx":24,"n":24,"text":"Where people have been relocated and given alternative accommodation, alternative housing shall be safe and provide security of tenure, enabling access to public services, including education, health care, community engagement and livelihood opportunities.[[fn:35]] Every effort shall be made not to break up communities, given their crucial role in supporting and sustaining neighbour networks and livelihood support. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions.[[fn:36]] In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":35,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991)."},{"n":36,"text":"A/HRC/13/33/Add.2, annex, principle 2; and African Commission on Human and Peoples’ Rights, Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples’ Rights (2012), paras. 51–55 and 77–79."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","1. Obligation to respect"]},{"id":"e-c-12-gc-26-0025","docId":"e-c-12-gc-26","idx":25,"n":25,"text":"Where the State owns or controls land, it should ensure that the legitimate land tenure rights of individuals and communities, even within customary tenure systems, are recognized and respected. Collective systems of use and management of land, be they traditional systems, cooperatives or other forms of common management, should be identified, recognized and registered. Policies aimed at granting tenure rights of publicly owned land to landless peasants should follow broader social and environmental objectives in accordance with human rights obligations. Local communities that have traditionally used the land should be prioritized in the reallocation of tenure rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","1. Obligation to respect"]},{"id":"e-c-12-gc-26-0026","docId":"e-c-12-gc-26","idx":26,"n":26,"text":"The obligation to protect requires States parties to adopt measures to prevent any person or entity from interfering with the rights enshrined in the Covenant relating to land, including the access to, use of and control over land. States parties shall protect access to land by ensuring that no one is forcibly evicted and that their access rights to land are not otherwise infringed by third parties. States parties should also ensure that legitimate tenure rights are protected in all processes relating to transfer of these rights, including voluntary or involuntary transactions because of investments, land consolidation policies or other land-related readjustment and redistribution measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0027","docId":"e-c-12-gc-26","idx":27,"n":27,"text":"Notwithstanding the type of land tenure systems put in place, States parties shall take measures to ensure that all persons possess a reasonable degree of security in relation to their relationship with land and to protect legitimate tenure rights holders from eviction, illegal land dispossession, appropriation, harassment and other threats. In addition, States parties should take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with the persons and groups concerned.[[fn:37]] States parties should also recognize and protect communal dimensions of tenure, particularly in relation to Indigenous Peoples, peasants and other traditional communities who have a material and spiritual relationship with their traditional lands that is indispensable to their existence, well-being and full development. That includes the collective rights of access to, use of and control over lands, territories and resources that they have traditionally owned, occupied or otherwise used or acquired.[[fn:38]] Legal frameworks should therefore avoid the increased concentration of land ownership and privileges within land tenure systems, including when the motivation to change the legal framework stems from international agreements.[[fn:39]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":37,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991), para. 8 (a)."},{"n":38,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009), para. 36. See also Inter-American Court of Human Rights, Xákmok Kásek Indigenous Community v. Paraguay, Judgment, 24 August 2010, para. 86, and Sawhoyamaxa Indigenous Community v. Paraguay, para. 118; African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya, paras. 252–268; and African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Republic of Kenya, paras. 195–201."},{"n":39,"text":"African Commission on Human and Peoples’ Rights, “State reporting guidelines and principles on articles 21 and 24 of the African Charter relating to extractive industries, human rights and the environment”, p. 25, para. 18."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0028","docId":"e-c-12-gc-26","idx":28,"n":28,"text":"States parties should develop laws and policies to guarantee that land-based investments are made in a responsible manner. That requires the early participation of all affected parties and the fair regulation of transfer processes. In all land-related investment processes, affected persons or groups shall have access to complaint mechanisms that allow them to challenge decisions of local governments, investment boards or other relevant parties before the start of the investment and up to the payment of fair compensation. Human rights impact assessments shall be conducted to identify potential harm and options to mitigate it. Principles for responsible investors and investment need to be determined by law and shall be enforceable. Responsible investments shall respect legitimate tenure rights and shall not harm human rights and legitimate policy objectives such as food security and the sustainable use of natural resources. States parties should provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions in tenure rights in their national contexts.[[fn:40]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":40,"text":"African Union, African Development Bank and Economic Commission for Africa, “Guiding principles on large scale land-based investments in Africa” (Addis Ababa, 2014)."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0029","docId":"e-c-12-gc-26","idx":29,"n":29,"text":"States parties should have safeguards and policies in place to protect legitimate tenure rights from risks that could derive from large-scale transactions in tenure rights. Large-scale land investments risk violating rights under the Covenant because they often affect many smallholders, whose informal land use titles are often not recognized.[[fn:41]] Such safeguards could include ceilings on permissible land transactions and the requirement that transfers exceeding a certain level should be approved at the highest level of Government or by the national parliament. States should consider the promotion of a range of production and investment models that do not result in large-scale displacements from land, including models encouraging partnerships with local tenure rights holders.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":41,"text":"Ibid., chap. 2.","isIbid":true,"resolvedText":"African Union, African Development Bank and Economic Commission for Africa, “Guiding principles on large scale land-based investments in Africa” (Addis Ababa, 2014)."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0030","docId":"e-c-12-gc-26","idx":30,"n":30,"text":"The obligation to protect entails a positive duty to take legislative and other measures to provide clear standards for non-State actors such as business entities and private investors, especially in the context of large-scale land acquisitions and leases at home and abroad.[[fn:42]] States parties shall adopt a legal framework requiring business entities to exercise human rights due diligence[[fn:43]] in order to identify, prevent and mitigate the negative impact on rights enshrined in the Covenant caused by their decisions and operations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":42,"text":"African Commission on Human and Peoples’ Rights, Social and Economic Rights Action Centre and the Center for Economic and Social Rights v. Nigeria, Decision, thirtieth ordinary session, 13–27 October 2001."},{"n":43,"text":"African Union, African Development Bank and Economic Commission for Africa, “Guiding principles on large scale land based investments in Africa”."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0031","docId":"e-c-12-gc-26","idx":31,"n":31,"text":"In recent years, titling has been encouraged to protect land users from eviction by the State and encroachment by private actors, particularly large landowners, and by investors. That process, sometimes referred as “formalization”, consists of demarcating the land effectively occupied and used by each land user (and generally recognized under customary law), increasingly using digital techniques, and attributing a deed protecting land users from expropriation, while at the same time enabling them to sell the land. The impact of titling has been mixed. Clarification of property rights was intended to provide security of tenure, to allow dwellers in informal settlements to be recognized as owners and to protect small farmers from being evicted from their land. It was also justified by the need to establish a market for land rights, allowing for more fluid transfer of property rights and a lowering of transaction costs in those markets. Those two objectives may be contradictory since commodification of property rights can be a source of exclusion and increase insecurity of tenure. Therefore, States should adopt laws and policies to guarantee that titling programmes are not implemented solely to support the sale of land and the commodification of land tenure. If such laws or regulations are missing, titling of pre-existing, customary forms of tenure may result in more conflicts rather than more clarity and may also result in less security rather than improved security, with a negative impact on rights under the Covenant, in particular the right to an adequate standard of living. States shall ensure that any titling process that involves determining competing claims to land protects the rights of those most at risk of marginalization and discrimination, while addressing historical injustices.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0032","docId":"e-c-12-gc-26","idx":32,"n":32,"text":"The obligation to fulfil requires that States adopt legislative, administrative, budgetary and other measures and establish effective remedies aimed at the full enjoyment of the rights under the Covenant relating to land, including the access to, use of and control over land. States parties shall facilitate secure, equitable and sustainable access to, use of and control over land for those who depend on land to realize their economic, social and cultural rights. This is especially important for those who are landless or live in poverty, especially women and those who are marginalized.[[fn:44]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":44,"text":"African Commission on Human and Peoples’ Rights, “State reporting guidelines and principles on articles 21 and 24 of the African Charter relating to extractive industries, human rights and the environment”, pp. 12–13, sect. III (g)–(h)."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0033","docId":"e-c-12-gc-26","idx":33,"n":33,"text":"Land registration and land administration shall be carried out without any discrimination, including discrimination on the basis of a change of marital status, lack of legal capacity and lack of access to economic resources. The legal recognition and allocation of tenure rights to individuals shall be carried out systematically, without discrimination on the basis of gender, family and community and in a way that ensures that those living in poverty and other disadvantaged and marginalized individuals and groups have every opportunity to acquire legal recognition of their current tenure rights. States parties should identify all existing tenure rights and rights holders, not only those in written records. States parties shall, through public rules, establish the definition of land user rights that are legitimate, in line with all the relevant Covenant provisions and with the definitions contained in the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0034","docId":"e-c-12-gc-26","idx":34,"n":34,"text":"Land administration shall be based on accessible and non-discriminatory services implemented by accountable agencies whose actions are reviewed by judicial bodies. Such services should be accessible and provided promptly and effectively. Disadvantaged and marginalized individuals and groups shall be supported in using those services and their access to justice shall be guaranteed. Such support should cover legal assistance, including affordable legal aid, particularly for those living in very remote areas. States parties should prevent corruption regarding tenure administration and tenure transfers by adopting and enforcing anti-corruption measures addressing, inter alia, conflicts of interests.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0035","docId":"e-c-12-gc-26","idx":35,"n":35,"text":"States parties shall also recognize the social, cultural, spiritual, economic, environmental and political value of land for communities with customary tenure systems and shall respect existing forms of self-governance of land. Traditional institutions for collective tenure systems shall ensure the meaningful participation of all members, including women and young people, in decisions regarding the distribution of user rights. Ensuring access to natural resources cannot be limited to the protections granted to the lands and territories of Indigenous Peoples. Other groups depend on the commons, in other words, global public goods. Fisherfolk need access to fishing grounds, yet strengthening individual property rights might entail fencing off the land that gives them access to the sea or to rivers. Pastoralists also form a particularly important group in sub-Saharan Africa, where almost half of the world’s 120 million pastoralists or agropastoralists reside. In addition, throughout the developing world, many peasants and rural households still depend on gathering firewood for cooking and heating, and on commonly owned wells or water sources for their access to water. The formalization of property rights and the establishment of land registries should not worsen the situation of any of those groups, as cutting them off from the resources on which they depend would threaten their livelihoods.","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0036","docId":"e-c-12-gc-26","idx":36,"n":36,"text":"Agrarian reform is an important measure to fulfil rights enshrined in the Covenant relating to land.[[fn:45]] More equitable distribution of land through agrarian reform can have a significant impact on poverty reduction[[fn:46]] and can contribute to social inclusion and economic empowerment.[[fn:47]] It improves food security, since it makes food more available and affordable, providing a buffer against external shocks.[[fn:48]] Land distribution schemes should also support small, family-owned farms, which often use the land in a more sustainable way and contribute to rural development owing to their labour intensity. However, land redistribution schemes should ensure that the beneficiaries receive proper support to enhance their capacity to use land productively and to engage in sustainable agricultural practices in order to maintain the productivity of the land. Policy options to support the economic success of family farmers should include education on access to credits, help in using marketing opportunities and the pooling of machines. Policies should be formulated in a way that enables beneficiaries to benefit from the land they acquire and avoids incentives to sell the land to support their minimum needs. Redistribution of land and agrarian reforms should focus particularly on the access to land of young people, women, communities facing racial and descent-based discrimination and others belonging to marginalized groups, and should respect and protect the collective and customary tenure of land.","labels":["Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":45,"text":"On the importance of agrarian reform, see the Final Declaration adopted at the International Conference on Agrarian Reform and Rural Development of FAO, held in Porto Alegre, Brazil, in 2006 (ICARRD 2006/3), in which member States agreed on the principle of the “establishment of appropriate agrarian reform mainly in areas with strong social disparities, poverty and food insecurity, as a means to broaden sustainable access to and control over land and related resources”."},{"n":46,"text":"M.R. El-Ghonemy, “Land reform development challenges of 1963–2003 continue into the twenty-first century”, Land Reform, Land Settlement and Cooperatives, vol. 2 (2003); and Veronika Penciakova, “Market-led agrarian reform: a beneficiary perspective of Cédula da Terra”, Working Paper Series No. 10–100 (London, London School of Economics and Political Science, 2010)."},{"n":47,"text":"Julian Quan, “Land access in the 21st century: issues, trends, linkages and policy options”, Livelihood Support Programme Working Paper No. 24 (Rome, FAO, 2006)."},{"n":48,"text":"M.R. Carter, “Designing land and property rights reform for poverty alleviation and food security’, Land Reform, Land Settlement and Cooperatives, vol. 2 (2003)."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0037","docId":"e-c-12-gc-26","idx":37,"n":37,"text":"States shall use the maximum available resources to progressively realize the rights under the Covenant relating to accessing productive resources, particularly to assist individuals and groups to access an adequate standard of living. Article 11 (2) (a) of the Covenant imposes on States parties the obligation to improve methods of production, conservation and distribution of food by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources. That implies that States have a duty to support agrarian reform schemes that ensure adequate access to land, particularly for small-scale peasants who depend on access to land for their livelihoods.[[fn:49]] Policies and laws should be accompanied by adequate, gender-sensitive support measures, developed through participatory processes, and should aim to make agrarian reforms sustainable. Such policies and laws should include adequate safeguards against land reconcentration following reform, such as land ceiling laws and legal safeguards to protect the collective and customary tenure of land.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":49,"text":"Research has highlighted an inverse relationship between the size of production units and productivity per hectare. See, for example, Robert Eastwood, Michael Lipton and Andrew Newell, “Farm size”, in Handbook of Agricultural Economics, vol. 4, Prabhu L. Pingali and Robert E. Evenson, eds. (Amsterdam, Elsevier, 2010)."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-26-0038","docId":"e-c-12-gc-26","idx":38,"n":38,"text":"States parties should engage in long-term regional planning to maintain the environmental functions of land. They should prioritize and support land uses with a human rights-based approach to conservation, biodiversity and the sustainable use of land and other natural resources.[[fn:50]] They should also, inter alia, facilitate the sustainable use of natural resources by recognizing, protecting and promoting traditional uses of land, adopting policies and measures to strengthen people’s livelihoods based on natural resources and the long-term conservation of land. That includes specific measures to support communities and people to prevent, mitigate and adapt to the consequences of global warming. States should create the conditions for regeneration of biological and other natural capacities and cycles and cooperate with local communities, investors and others to ensure that land use for agricultural and other purposes respects the environment and does not accelerate soil depletion and the exhaustion of water reserves.[[fn:51]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":50,"text":"Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, guideline 8B."},{"n":51,"text":"A/HRC/13/33/Add.2, annex, principle 6."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0039","docId":"e-c-12-gc-26","idx":39,"n":39,"text":"States parties shall put in place laws and policies that allow for the recognition of informal tenure through participatory, gender-sensitive processes, paying particular attention to tenant farmers, peasants and other small-scale food producers.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0040","docId":"e-c-12-gc-26","idx":40,"n":40,"text":"Extraterritorial obligations are of particular significance to the implementation of obligations arising from the Covenant relating to access to, use of and control over land. Land transfers are quite often financed or fostered by international entities, including public investors such as development banks financing development projects requiring land, such as dams or renewable energy parks, or by private investors. In reviews of State party reports, the Committee has encountered an increasing number of references to the negative impact on individuals’, groups’, peasants’ and Indigenous Peoples’ access to productive resources as a result of international investment negotiations, agreements and practices, including in the form of public-private partnerships between State agencies and foreign private investors.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations"]},{"id":"e-c-12-gc-26-0041","docId":"e-c-12-gc-26","idx":41,"n":41,"text":"The extraterritorial obligation to respect requires States parties to refrain from actions that interfere, directly or indirectly, with the enjoyment of the rights under the Covenant in land-related contexts outside their territories. It also requires them to take specific measures to prevent their domestic and international policies and actions, such as trade, investment, energy, agricultural, development and climate change-mitigation policies, from interfering, directly or indirectly, with the enjoyment of human rights.[[fn:52]] That applies to all forms of projects implemented by development agencies or financed by development banks. The safeguards developed by the World Bank and other international development banks are a form of recognition of that obligation, particularly relating to investments in land.[[fn:53]] In the wake of the world food crisis in 2007–2008, the number of large-scale investments in land has increased worldwide, causing a variety of problems for persons living on or using the land, including forced or involuntary evictions without adequate compensation. In order to mitigate or prevent such situations, the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security were developed. Furthermore, the International Finance Corporation performance standards and the respective World Bank safeguards were updated. Moreover, States parties that are members of international financial institutions, notably the World Bank, the International Fund for Agricultural Development and regional development banks, should take steps to ensure that their lending policies and other practices do not impair the enjoyment of the rights enshrined in the Covenant relating to land.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":52,"text":"See E/C.12/BEL/CO/4, E/C.12/AUT/CO/4 and E/C.12/NOR/CO/5; Committee on the Elimination of Discrimination against Women, general recommendation No. 34 (2016), para. 13; A/56/10 and A/56/10/Corr.1, pp. 155–168 (on arts. 16–18); and guiding principles on human rights impact assessments of trade and investment agreements."},{"n":53,"text":"Michael Windfuhr, Safeguarding Human Rights in Land Related Investments: Comparison of the Voluntary Guidelines Land with the IFC Performance Standards and the World Bank Environmental and Social Safeguard Framework (Berlin, German Institute for Human Rights, 2017)."}],"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","1. Extraterritorial obligation to respect"]},{"id":"e-c-12-gc-26-0042","docId":"e-c-12-gc-26","idx":42,"n":42,"text":"The extraterritorial obligation to protect requires States parties to establish the necessary regulatory mechanisms to ensure that business entities, including transnational corporations, and other non-State actors that they are in a position to regulate do not impair the enjoyment of rights under the Covenant in land-related contexts in other countries. Thus, States parties shall take the necessary steps to prevent human rights violations abroad in land-related contexts by non-State actors over which they can exercise influence, without infringing on the sovereignty or diminishing the obligations of the host States.[[fn:54]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":54,"text":"E/C.12/2011/1, paras. 5–6."}],"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-26-0043","docId":"e-c-12-gc-26","idx":43,"n":43,"text":"In the context of land acquisitions and other business activities that have an impact on the enjoyment of access to productive resources, including land, States parties shall ensure that investors domiciled in other countries and investing in farmland overseas do not deprive individuals or communities of access to the land or land-associated resources on which they depend for their livelihoods. That may imply imposing a due diligence obligation on investors to ensure that they do not acquire or lease land in a way that violates international norms and guidelines.[[fn:55]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":55,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), para. 33."}],"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-26-0044","docId":"e-c-12-gc-26","idx":44,"n":44,"text":"States parties that promote or carry out land-related investments abroad, including through partially or fully State-owned or State-controlled companies, including sovereign wealth funds, public pension funds and private-public partnerships,[[fn:56]] should ensure that they do not reduce the ability of other States to comply with their obligations arising from the Covenant. States parties shall conduct human rights impact assessments prior to making such investments and shall regularly assess and revise them. Such assessments shall be conducted with substantive public participation and the results shall be made public and shall inform measures to prevent, cease and remedy any human rights violations or abuses.[[fn:57]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":56,"text":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 12.15."},{"n":57,"text":"See E/C.12/NOR/CO/5; A/HRC/13/33/Add.2; Human Rights Committee, general comment No. 34 (2011), paras. 18–19; and European Court of Human Rights, Társáság a Szabadságjogokért v. Hungary, Application No. 37374/05, Judgment, 14 April 2009, paras. 26 and 35."}],"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-26-0045","docId":"e-c-12-gc-26","idx":45,"n":45,"text":"States parties shall ensure that the elaboration, conclusion, interpretation and implementation of international agreements, including but not limited to the areas of trade, investment, finance, development cooperation and climate change, are consistent with their obligations under the Covenant and do not have an adverse effect on access to productive resources in other countries.[[fn:58]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":58,"text":"Committee on Economic, Social and Cultural Rights, general comments No. 3 (1990), para. 2; No. 15 (2002), para. 35; No. 22 (2016), para. 31; and No. 24 (2017), paras. 12–13; E/C.12/CAN/CO/6; Committee on the Elimination of Discrimination against Women, general recommendation No. 34 (2016); European Court of Human Rights, Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland, Application No. 45036/98, Judgment, 30 June 2005, para. 154; and Inter-American Court of Human Rights, Sawhoyamaxa Indigenous Community v. Paraguay, para. 140."}],"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-26-0046","docId":"e-c-12-gc-26","idx":46,"n":46,"text":"States should take steps through international assistance and cooperation under article 2 (1) of the Covenant with a view to progressively achieving the full realization of rights under the Covenant relating to land, which would also benefit peoples and communities outside their territories. Support should include technical cooperation, financial assistance and institutional capacity-building for, inter alia, land administration, knowledge-sharing and assistance in developing national tenure policies, as well as the transfer of relevant technology.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","3. Extraterritorial obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-26-0047","docId":"e-c-12-gc-26","idx":47,"n":47,"text":"International cooperation and assistance should be focused on supporting national policies to secure access to land tenure for those whose legitimate user rights have not been recognized. Policies should avoid leading to land concentration or commodification of land and should be aimed at improving the access of disadvantaged and marginalized individuals and groups and increasing their security of tenure. Adequate safeguard policies shall be in place, and persons and groups affected by measures of international cooperation and assistance shall have access to independent complaint mechanisms. International cooperation and assistance can facilitate efforts to ensure that land policies are sustainable and are or will become an integral part of official land use planning and States’ broader spatial planning.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","3. Extraterritorial obligation to fulfil"]},{"id":"e-c-12-gc-26-0048","docId":"e-c-12-gc-26","idx":48,"n":48,"text":"There are links between internal armed conflicts, land and the enjoyment of rights enshrined in the Covenant. Sometimes, land conflicts, especially those relating to structural unequal distribution of land tenure coming, for example, from colonial or apartheid systems, can be one of the root causes or a trigger of the conflict. In other cases, the conflicts may lead to forced displacements, land grabbing and land dispossession, especially for populations in vulnerable situations, such as peasants, Indigenous Peoples, ethnic minorities and women. It is noteworthy that addressing land disputes and conflicts might be a key to building resilience and sustaining peace.[[fn:59]] Thus, States should make every effort to prevent land dispossession during internal armed conflicts. If dispossessions do nevertheless occur, States are obliged to establish restitution programmes to guarantee to all internally displaced persons the right to have restored to them any land of which they were arbitrarily or unlawfully deprived.[[fn:60]] States should also address all those land conflicts that might trigger the re-emergence of an armed conflict.","labels":["Indigenous peoples","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":59,"text":"See the guidance note of the Secretary-General entitled “The United Nations and Land and Conflict”, issued in March 2019."},{"n":60,"text":"See the principles on housing and property restitution for refugees and displaced persons, endorsed by the Sub-Commission on the Protection and Promotion of Human Rights (E/CN.4/Sub.2/2005/17)."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","A. Internal armed conflicts and post-conflict situations"]},{"id":"e-c-12-gc-26-0049","docId":"e-c-12-gc-26","idx":49,"n":49,"text":"Preventive measures to avoid land dispossession during armed conflict should include at least the following: (a) the establishment of mechanisms for the protection of land tenure for populations in vulnerable situations; (b) the coordination of humanitarian assistance and the implementation of international humanitarian law with measures to prevent land dispossession; (c) the inclusion in information systems of all those estates at risk of dispossession, not only to prevent dispossession but also to facilitate future land restitution; and (d) the possibility of freezing the land market in regions in which the risks of internal displacement and land dispossession are high. All such preventive measures should protect not only property, but all forms of land tenure, including customary tenure, as those at higher risk of being dispossessed of their land may not be the formal owners of it.","labels":["Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","A. Internal armed conflicts and post-conflict situations"]},{"id":"e-c-12-gc-26-0050","docId":"e-c-12-gc-26","idx":50,"n":50,"text":"Land restitution programmes shall include measures to guarantee the right of refugees and internally displaced persons to a voluntary return to their former lands or places of habitual residence, in safety and dignity. If restitution is not possible, States should develop adequate compensation mechanisms.[[fn:61]] States shall establish and support equitable, timely, independent, transparent and non-discriminatory procedures, institutions and mechanisms to assess and enforce all land restitution claims. They should cover not only property rights but all forms of land tenure, especially when they are linked to the enjoyment of rights under the Covenant. Special attention should be paid to dealing adequately with “secondary occupants”, who are mostly good faith purchasers, and persons in a vulnerable situation who occupy land after the legitimate tenants have fled owing to armed conflict. In particular, due process shall be guaranteed to secondary occupants; if their eviction is necessary, it shall be implemented with genuine consultation and States shall, if necessary, provide them with alternative accommodation and social services to guarantee them an adequate standard of living.","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":61,"text":"Ibid.","isIbid":true,"resolvedText":"See the principles on housing and property restitution for refugees and displaced persons, endorsed by the Sub-Commission on the Protection and Promotion of Human Rights (E/CN.4/Sub.2/2005/17)."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","A. Internal armed conflicts and post-conflict situations"]},{"id":"e-c-12-gc-26-0051","docId":"e-c-12-gc-26","idx":51,"n":51,"text":"In many post-conflict situations, land restitution programmes, even if successful, might be insufficient to prevent new conflicts and to guarantee rights under the Covenant to refugees and internally displaced persons, as such populations were often living in poverty and excluded from land rights before the conflict. In these circumstances, land restitution or compensation alone are insufficient as they would not lift refugees and internally displaced persons out of poverty or reduce social and gender inequality in land tenure. In such contexts, reparations for victims of internal displacement or violence should go beyond restitution. They should be transformative reparations,[[fn:62]] in the sense that they should include policies and measures aimed at reducing inequality and improving those persons’ standard of living. Specific measures should be taken to improve gender equality in land tenure, for instance, by giving preference to women when granting land rights. In addition, States should make efforts to ensure that land restitution programmes include rural reform policies that involve technical, financial and educational support for beneficiaries.","labels":["Refugees & asylum-seekers","Women/girls","Persons living in rural/remote areas","Persons living in poverty","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":62,"text":"Rodrigo Uprimny Yepes, “Transformative reparations of massive gross human rights violations: between corrective and distributive justice”, Netherlands Quarterly of Human Rights, vol. 27, No. 4 (2009)."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","A. Internal armed conflicts and post-conflict situations"]},{"id":"e-c-12-gc-26-0052","docId":"e-c-12-gc-26","idx":52,"n":52,"text":"Land administration is one of the areas in which corruption can be most pervasive. Corruption occurs and has a negative impact in the demarcation of land and in the rolling out of titling schemes; in the design of land use schemes and the identification of land as “underutilized” or “vacant”; in the use of “public purpose” or “eminent domain” provisions to justify expropriation from land; and in the selling or leasing out of land to investors by Governments.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","B. Corruption"]},{"id":"e-c-12-gc-26-0053","docId":"e-c-12-gc-26","idx":53,"n":53,"text":"States shall build up proper accountability mechanisms to prevent corruption concerning all relevant land policies and should endeavour to prevent corruption in all forms, at all levels and in all settings.[[fn:63]] States should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the wider public to improve services and endeavour to prevent corruption through transparent processes and decision-making.[[fn:64]] States should do so particularly through consultation, participation and respect for the rule of law and the principles of transparency and accountability.[[fn:65]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":63,"text":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 3.1 (5)."},{"n":64,"text":"Ibid., para. 5.8.","isIbid":true,"resolvedText":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 3.1 (5)."},{"n":65,"text":"The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security include recommendations specific to all components of land governance, such as recording of land rights, valuation of land and adoption of land planning schemes. Similarly, the Principles for Responsible Investment in Agriculture and Food Systems refer to the need to respect “the rule and application of law, free of corruption” (principle 9) and to the United Nations Convention against Corruption as relevant for the implementation of the principles."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","B. Corruption"]},{"id":"e-c-12-gc-26-0054","docId":"e-c-12-gc-26","idx":54,"n":54,"text":"The situation of human rights defenders is particularly difficult in conflicts over land.[[fn:66]] The Committee has regularly received reports of threats and attacks aimed at those seeking to protect their rights under the Covenant or those of others, often in the form of harassment, criminalization, defamation and killings, particularly in the context of extractive and development projects.[[fn:67]] In the context of land, many human rights defenders are also defenders of the environmental functions of land and of the sustainability of land use as a precondition for respecting human rights in the future. In accordance with the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, States shall take all measures necessary to respect human rights defenders and their work, including in relation to land issues, and to refrain from imposing criminal penalties on them or enacting new criminal offences with the aim of hindering their work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":66,"text":"See Human Rights Council resolution 31/32 on protecting human rights defenders, whether individuals, groups or organs of society, addressing economic, social and cultural rights; and the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms."},{"n":67,"text":"For example, E/C.12/VNM/CO/2-4, para. 11, E/C.12/1/Add.44, para. 19, E/C.12/IND/CO/5, paras. 12 and 50, E/C.12/PHIL/CO/4, para. 15, E/C.12/COD/CO/4, para. 12, E/C.12/LKA/CO/2-4, para. 10, and E/C.12/IDN/CO/1, para. 28."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","C. Human rights defenders"]},{"id":"e-c-12-gc-26-0055","docId":"e-c-12-gc-26","idx":55,"n":55,"text":"The specific measures that States should adopt to safeguard the work of human rights defenders in relation to land are dependent on national circumstances. However, the following measures are of crucial importance: (a) public recognition, by the highest level of Government, of the importance and legitimacy of the work of human rights defenders and a commitment that no violence or threats against them will be tolerated; (b) repeal of any State legislation or any measures that are intended to penalize or obstruct the work of human rights defenders; (c) strengthening of State institutions responsible for safeguarding the work of human rights defenders; (d) investigation and punishment of any form of violence or threat against human rights defenders; and (e) adoption and implementation of programmes, in consultation with potential beneficiaries, that are well resourced and have inbuilt coordination mechanisms that ensure that adequate protection measures are provided to human rights defenders at risk whenever necessary.[[fn:68]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":68,"text":"E/C.12/2016/2, para. 8."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","C. Human rights defenders"]},{"id":"e-c-12-gc-26-0056","docId":"e-c-12-gc-26","idx":56,"n":56,"text":"The impact of climate change on access to land, affecting user rights, is severe in many countries. In coastal zones, sea level rise has an impact on housing, agriculture and access to fisheries. Climate change also contributes to land degradation and desertification. Rising temperatures, changing patterns of precipitation and the increasing frequency of extreme weather events such as droughts and floods are increasingly affecting access to land.[[fn:69]] States shall cooperate at the international level and comply with their duty to mitigate emissions and their respective commitments made in the context of the implementation of the Paris Agreement. States have these duties also under human rights law, as the Committee has highlighted previously.[[fn:70]] Moreover, States shall avoid adopting policies to mitigate climate change, such as carbon sequestration through massive reforestation or protection of existing forests, that lead to different forms of land grabbing, especially when they affect the land and territories of populations in vulnerable situations, such as peasants or Indigenous Peoples. Mitigation policies should lead to absolute emissions reductions through the phasing out of fossil fuel production and use.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":69,"text":"See Intergovernmental Panel on Climate Change, “Climate Change and Land: summary for Policymakers” (2019)."},{"n":70,"text":"See HRI/2019/1."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","D. Climate change"]},{"id":"e-c-12-gc-26-0057","docId":"e-c-12-gc-26","idx":57,"n":57,"text":"States have an obligation to design climate change adaptation policies at the national level that take into consideration all forms of land use change induced by climate change, to register all affected persons and to use the maximum available resources to address the impact of climate change, particularly on disadvantaged groups.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","D. Climate change"]},{"id":"e-c-12-gc-26-0058","docId":"e-c-12-gc-26","idx":58,"n":58,"text":"Climate change affects all countries, including those that may have contributed to it the least. Thus, those countries that have historically contributed most to climate change and those that are currently the main contributors to it shall assist the countries that are most affected by climate change but are least able to cope with its impact, including by supporting and financing land-related adaptation measures. Cooperation mechanisms for climate change mitigation and adaptation measures shall provide and implement a robust set of environmental and social safeguards to ensure that no project negatively affects human rights and the environment and to guarantee access to information and meaningful consultation with those affected by such projects. They shall also respect the free, prior and informed consent of Indigenous Peoples.[[fn:71]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":71,"text":"In order to ensure coherence, the safeguards should be in line with the practice of the Green Climate Fund and those included in the Environmental and Social Policy of the Adaptation Fund established under the Kyoto Protocol to the United Nations Framework Convention on Climate Change."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","D. Climate change"]},{"id":"e-c-12-gc-26-0059","docId":"e-c-12-gc-26","idx":59,"n":59,"text":"States should ensure that individuals and groups are able to receive and impart information relevant to the enjoyment of land-related rights under the Covenant. States shall regularly monitor the implementation of tenure systems and all policies, laws and measures that affect the realization of rights enshrined in the Covenant in land-related contexts. Monitoring processes should rely on qualitative and disaggregated quantitative data collected by local communities and others, be inclusive and participatory, and pay particular attention to disadvantaged and marginalized individuals and groups. In countries where collective and customary tenure of land by rural communities is in place, monitoring should include participatory mechanisms to monitor the impact of specific policies on access to land for people living in the relevant communities.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["V. Implementation and remedies"]},{"id":"e-c-12-gc-26-0060","docId":"e-c-12-gc-26","idx":60,"n":60,"text":"States parties should ensure that they have administrative and judicial systems in place to effectively implement policy and legal frameworks relating to land, and that their administrative and judicial authorities act in accordance with the State’s obligations under the Covenant. That includes taking measures to provide non-discriminatory, prompt and accessible services to all rights holders in order to protect tenure rights and to promote and facilitate the enjoyment of those rights, including in remote rural areas.[[fn:72]] Access to justice is key: States parties shall guarantee that even in remote areas, it is accessible and affordable, particularly for disadvantaged and marginalized individuals and groups. Judicial remedies shall also be tailored to the conditions of rural areas and suited to the needs of victims of violations, giving them access to all relevant information and adequate redress and compensation, including, when appropriate, restitution of land and return of refugees and internally displaced persons. As highlighted in article 28 of the United Nations Declaration on the Rights of Indigenous Peoples, restitution of land is often the primary remedy for Indigenous Peoples.[[fn:73]] Access to justice shall include access to procedures to address the impact of business activities, not only in the countries where they are domiciled but also where the violations have been caused.[[fn:74]]","labels":["Refugees & asylum-seekers","Indigenous peoples","Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":72,"text":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, paras. 6.2 and 6.4."},{"n":73,"text":"Inter-American Court of Human Rights, Yakye Axa Indigenous Community vs Paraguay, paras. 146–148."},{"n":74,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), paras. 49–57."}],"section":["V. Implementation and remedies"],"citedArticles":[{"article":"28","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly states 'article 28 of the United Nations Declaration on the Rights of Indigenous Peoples' (UNDRIP) — a non-treaty UN declaration."}]},{"id":"e-c-12-gc-26-0061","docId":"e-c-12-gc-26","idx":61,"n":61,"text":"States parties shall build the capacity of their administrative and judicial authorities to ensure access to timely, affordable and effective means of resolving disputes over tenure rights through impartial and competent judicial and administrative bodies, particularly in remote rural areas.[[fn:75]] States parties should recognize and cooperate with customary and other established forms of dispute settlement where they exist, ensuring that they provide fair, reliable, accessible and non-discriminatory ways of promptly resolving disputes over tenure rights, in accordance with human rights.[[fn:76]] For land, fisheries and forests that are used by more than one community, means of resolving conflict between communities should be strengthened or developed.[[fn:77]] The respect for and protection and guarantee of secure and equitable access to, use of and control over land are preconditions for the enjoyment of many of the rights enshrined in the Covenant. Effective remedies are crucial for their realization.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":75,"text":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 21.1."},{"n":76,"text":"Ibid., para. 21.3.","isIbid":true,"resolvedText":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 21.1."},{"n":77,"text":"Ibid., para. 9.11.","isIbid":true,"resolvedText":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 21.1."}],"section":["V. Implementation and remedies"]},{"id":"e-c-12-gc-27-0001","docId":"e-c-12-gc-27","idx":1,"n":1,"text":"1. A clean, healthy and sustainable environment is an essential precondition for the enjoyment of economic, social and cultural rights. Nature is indispensable to human existence and well-being, as it not only supports life but also underpins ecological processes, including air and water quality, soil fertility, climate stability, pollination, and the mitigation of natural hazards. However, the accelerating and interconnected environmental challenges of our time, such as climate change, biodiversity loss and pollution, pose a serious threat to the ability of present and future generations to enjoy economic, social and cultural rights, and are already contributing to violations of these rights. Climate change, driven by human activities, is increasing the frequency and intensity of extreme weather events globally, such as heatwaves, heavy precipitation and floods, droughts, and tropical cyclones, and is causing slow-onset changes, including rising sea levels.[[fn:1]] Key ecological processes are becoming increasingly disrupted or weakened, and biodiversity is rapidly declining at both the species and the ecosystem levels due to the compounding effects of climate change, land and sea use changes, overexploitation of resources, pollution, and unsound management of chemicals and waste.[[fn:2]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":1,"text":"Intergovernmental Panel on Climate Change, Climate Change 2023: Synthesis Report, Contribution of Working Groups I, II and III to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change, pp. 5–7."},{"n":2,"text":"Summary for policymakers of the global assessment report on biodiversity and ecosystem services, IPBES/7/10/Add.1, pp. 5 and 6."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-27-0002","docId":"e-c-12-gc-27","idx":2,"n":2,"text":"2. The situation is increasingly alarming, as these interlinked environmental crises “increase the risk of reaching irreversible biophysical tipping points that threaten fundamental ecological systems and processes that sustain life”.[[fn:3]] These planetary environmental threats are driven by unsustainable levels of production and consumption, particularly by developed States which have historically contributed most to environmental degradation and climate change, and are shaped by enduring relations of domination over both nature and people, deeply rooted in colonial-era resource extraction.[[fn:4]] At the current rate of resource exploitation, pollution and environmental destruction, without regard for the Earth’s environmental limits, it is impossible to achieve the equal realization of Covenant rights for all. Unsustainable use of natural resources and the resulting environmental degradation often drive armed conflict and instability, which are in turn exacerbated by them.[[fn:5]]","labels":["Persons affected by armed conflict","Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":3,"text":"Summary for policymakers of the thematic assessment of the underlying causes of biodiversity loss and the determinants of transformative change and options for achieving the 2050 Vision for Biodiversity, IPBES/11/12/Add.2, p. 5."},{"n":4,"text":"Ibid., pp. 6 and 14."},{"n":5,"text":"A/79/270, paras. 84 and 85."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-27-0003","docId":"e-c-12-gc-27","idx":3,"n":3,"text":"3. Individuals, groups and countries, including victims of colonialism, the slave trade and apartheid, that have historically contributed the least to the environmental crisis are often the most affected by it, and the least able to cope with its adverse impacts. Indigenous Peoples, peasants and other communities with deep connections to nature are among the first to experience its devastating consequences. Moreover, environmental degradation exacerbates one of the greatest global challenges – to eradicate poverty and end hunger and malnutrition – and fuels migration and refugee crises. This underscores the interlinkages between the economic, social and environmental dimensions of sustainable development. These interconnected challenges call for enhanced guidance on implementing economic, social and cultural rights, placing the human dignity of present and future generations, along with environmental justice, at the centre.","labels":["Persons living in poverty","Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["I. Introduction"]},{"id":"e-c-12-gc-27-0004","docId":"e-c-12-gc-27","idx":4,"n":4,"text":"4. The present general comment highlights the adverse impacts of environmental degradation on economic, social and cultural rights, and clarifies the obligations of States Parties to the International Covenant on Economic, Social and Cultural Rights with regard to the environmental dimension of sustainable development. In it, the Committee seeks to provide guidance on implementing these rights in a manner that respects ecological limits and the finite nature of natural resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["I. Introduction"]},{"id":"e-c-12-gc-27-0005","docId":"e-c-12-gc-27","idx":5,"n":5,"text":"5. Sustainable development seeks to realize the rights of all human beings to an adequate standard of living on the basis of their active, free and meaningful participation in development and the fair distribution of the benefits resulting therefrom, without compromising the ability of future generations to meet their own needs.[[fn:6]] It requires a balanced and integrated approach across its economic, social and environmental dimensions. In its practice, the Committee has underscored the close linkages between the Covenant and sustainable development.[[fn:7]] It has emphasized that the full realization of economic, social and cultural rights for all, especially for those in disadvantaged and marginalized situations, is critical to achieving sustainable development.[[fn:8]] At the same time, it has recognized that protecting the environment is indispensable for realizing these rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":6,"text":"A/42/427, p. 24."},{"n":7,"text":"E/2003/22-E/C.12/2002/13, annex VI, paras. 2 and 4; and E/C.12/2012/1, para. 5."},{"n":8,"text":"E/C.12/2019/1, paras. 4 and 5."}],"section":["II. Scope and method of interpretation"]},{"id":"e-c-12-gc-27-0006","docId":"e-c-12-gc-27","idx":6,"n":6,"text":"6. The Committee recognizes that the right to a clean, healthy and sustainable environment is an autonomous human right, indispensable for the effective enjoyment of all rights enshrined in the Covenant. This right is both inherent in the Covenant as a whole and derived from specific Covenant rights, including the rights to health,[[fn:9]] to an adequate standard of living and to participation in cultural life.[[fn:10]] The right to a healthy environment was also explicitly recognized by the General Assembly in 2022,[[fn:11]] and has since been acknowledged by the Conferences of the Parties to both the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity.[[fn:12]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":9,"text":"General comment No. 14 (2000), paras. 11, 15 and 36."},{"n":10,"text":"General comment No. 21 (2009), para. 16."},{"n":11,"text":"General Assembly resolution 76/300."},{"n":12,"text":"Sharm el-Sheikh Implementation Plan, decision 1/CMA.4 (2022), preamble; outcome of the first global stocktake, decision 1/CMA.5 (2023), preamble; Kunming-Montreal Global Biodiversity Framework, decision 15/4 (2022), annex, para. 7 (g); Committee on the Rights of the Child, general comment No. 26 (2023), para. 8; and International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, 23 July 2025, para. 393."}],"section":["II. Scope and method of interpretation"]},{"id":"e-c-12-gc-27-0007","docId":"e-c-12-gc-27","idx":7,"n":7,"text":"7. While many individuals and groups, particularly those in vulnerable and marginalized situations, are already experiencing serious impacts on their Covenant rights owing to environmental degradation, these impacts will likely intensify over time. In the absence of urgent and sustained action, future generations will bear an even greater burden, with diminished opportunities to realize their rights under the Covenant. Ensuring the progressive realization of Covenant rights therefore requires an intergenerational perspective, grounded in the equitable sharing of rights and responsibilities, and of resources across generations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["II. Scope and method of interpretation"]},{"id":"e-c-12-gc-27-0008","docId":"e-c-12-gc-27","idx":8,"n":8,"text":"8. Structural inequalities persist at both the national and the international levels. Unequal access to natural resources, land, and public goods and services, as well as State policy and decision-making processes, remain barriers to sustainable development. To ensure the realization of Covenant rights for all, these inequalities must be overcome in a manner that fully respects the principles of non-discrimination and substantive equality. Current global economic structures remain shaped by past and present imbalances in production and consumption patterns, whereby developing countries continue to bear the environmental burdens of extraction and production, while developed countries disproportionately benefit economically.[[fn:13]] These structural asymmetries may undermine the ability of many poorer countries to transition away from fossil fuel-dependent economies while ensuring the enjoyment of Covenant rights.[[fn:14]] Fulfilling the obligation of international assistance and cooperation under the Covenant, together with the principle of common but differentiated responsibilities and respective capabilities under relevant treaties and general international law, is essential to addressing these inequities and achieving sustainable development.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":13,"text":"A/HRC/57/30, para. 6."},{"n":14,"text":"A/HRC/54/27, paras. 50–52; and A/HRC/44/44, paras. 29–32."}],"section":["II. Scope and method of interpretation"]},{"id":"e-c-12-gc-27-0009","docId":"e-c-12-gc-27","idx":9,"n":9,"text":"9. When clarifying the obligations of States Parties to realize Covenant rights in relation to the environmental dimension of sustainable development, international environmental law must be taken into account, in accordance with article 31 (3) (c) of the Vienna Convention on the Law of Treaties.[[fn:15]] In turn, States Parties must fulfil their obligations under international human rights law, including the Covenant, when implementing their obligations under international environmental law.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":15,"text":"Human Rights Committee, general comment No. 36 (2018), para. 62; Inter-American Court of Human Rights, advisory opinion OC-23/17 of 15 November 2017 on the environment and human rights, para. 44; and European Court of Human Rights, Verein Klimaseniorinnen Schweiz et al. v. Switzerland (application No. 53600/20), judgment of 9 April 2024, para. 434."}],"section":["II. Scope and method of interpretation"],"citedArticles":[{"treaty":"ICESCR","article":"31","paragraph":"3","source":"regex"}]},{"id":"e-c-12-gc-27-0010","docId":"e-c-12-gc-27","idx":10,"n":10,"text":"10. The interpretation and implementation of the Covenant in the context of environmental degradation should be guided by the general obligations and foundational principles therein, which include the progressive realization of rights and the use of the maximum available resources, and the principles of equality and non-discrimination, meaningful participation, access to information, access to justice, and international assistance and cooperation. This framework should be further informed by both the right to a clean, healthy and sustainable environment, and the right to development, which entails meeting developmental and environmental needs equitably across generations.[[fn:16]] Relevant rules of international environmental law, including the principles of intergenerational equity,[[fn:17]] common but differentiated responsibilities and respective capabilities,[[fn:18]] and precaution[[fn:19]] should also guide interpretation. The full realization of Covenant rights demands a just transition towards a sustainable economy that puts human rights and the well-being of the planet at its centre.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":16,"text":"Declaration on Future Generations; Vienna Declaration and Programme of Action, para. 11; and Declaration on the Right to Development."},{"n":17,"text":"Rio Declaration, principle 3; Paris Agreement, preamble; and Convention on Biological Diversity, preamble and art. 2."},{"n":18,"text":"Rio Declaration, principle 7; United Nations Framework Convention on Climate Change, art. 3 (1); and Paris Agreement, art. 2 (2)."},{"n":19,"text":"Rio Declaration, principle 15; United Nations Framework Convention on Climate Change, art. 3 (3); and Convention on Biological Diversity, preamble."}],"section":["II. Scope and method of interpretation"]},{"id":"e-c-12-gc-27-0011","docId":"e-c-12-gc-27","idx":11,"n":11,"text":"11. States Parties have obligations to respect, protect and fulfil Covenant rights. In the context of environmental degradation, the obligation to respect requires States Parties to refrain from acts that foreseeably contribute to or cause significant harms to the air, land, water, the oceans, climate stability, biodiversity and ecosystems. The obligation to protect requires States Parties to prevent environmental harms that could result in violations of Covenant rights, including by regulating the activities of other actors, such as business entities, under their jurisdiction or control. This also requires States Parties to exercise due diligence in protecting Covenant rights from environmental harm, applying a standard of diligence proportionate to the degree of the risk,[[fn:20]] and entails adopting all appropriate and necessary measures to safeguard the enjoyment of these rights from environmental threats caused or exacerbated by human activities, such as sea-level rise, water scarcity, floods, droughts, desertification, land degradation, deforestation, pollution of air, water and soil, and storms. Where there is a risk of serious and irreversible environmental harm affecting Covenant rights, States Parties should apply the precautionary principle and take all measures necessary to prevent such harm even in the absence of scientific certainty.[[fn:21]] The obligation to fulfil requires States Parties to take appropriate legislative, administrative, financial, judicial and other measures to ensure the enjoyment of Covenant rights, including through the preservation, protection and restoration of ecosystems essential to those rights. This includes securing clean air, a safe climate, fertile land, and healthy ecosystems, including forests and wetlands, and the integrity of rivers and oceans.[[fn:22]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":20,"text":"Inter-American Court of Human Rights, Inhabitants of La Oroya v. Peru, judgment of 27 November 2023, para. 126; International Tribunal for the Law of the Sea, advisory opinion of 21 May 2024 on climate change and international law, para. 239; Inter-American Court of Human Rights, advisory opinion OC-32/25 of 29 May 2025 on the climate emergency and human rights, paras. 232–235; and International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, paras. 280–300."},{"n":21,"text":"General comment No. 25 (2020), para. 56; and Inter-American Court of Human Rights, advisory opinion OC-23/17, para. 242."},{"n":22,"text":"General comments No. 26 (2022), para. 38; and No. 15 (2002), para. 28."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0012","docId":"e-c-12-gc-27","idx":12,"n":12,"text":"12. While businesses can contribute to human rights and sustainable development, certain activities – such as fossil fuel extraction and use, large-scale mining, deforestation, and other practices leading to resource depletion and pollution – can significantly undermine the enjoyment of Covenant rights. States Parties must adopt legislative, administrative, educational and other appropriate measures to ensure effective protection against businessrelated violations of Covenant rights, including by establishing regulatory frameworks to oversee and monitor business activities. Effective mechanisms must also be in place to ensure accountability and provide redress to victims of business-related human rights abuses.[[fn:23]] In addition, States Parties should have a legal framework that requires business entities to exercise human rights and environmental due diligence to identify, monitor, prevent, mitigate and remedy adverse environmental impacts on Covenant rights arising from their decisions, operations and value chains.[[fn:24]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":23,"text":"A/HRC/17/31, annex, para. 25."},{"n":24,"text":"General comments No. 24 (2017), para. 16; and No. 26 (2022), para. 30."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0013","docId":"e-c-12-gc-27","idx":13,"n":13,"text":"13. Given the interdependent and indivisible nature of all human rights, States Parties must ensure the full enjoyment of procedural guarantees in environmental matters, including those concerning climate change mitigation, adaptation and reparation, access to information, inclusive and meaningful public participation in all relevant planning and decision-making processes, and access to justice and effective remedies.[[fn:25]] When Indigenous Peoples are affected, their rights to free, prior and informed consent must be respected and protected.[[fn:26]] States Parties should respect, protect and promote the work of environmental and Indigenous human rights defenders, as well as other civil society actors who support people in marginalized and disadvantaged situations, in realizing their Covenant rights.[[fn:27]] States Parties should take all measures necessary to ensure that environmental human rights defenders and journalists can carry out their work, without fear of harassment, intimidation or violence, including by protecting them from harm by third parties.[[fn:28]] International and domestic decision-making must also be governed by integrity safeguards, such as transparency, conflict-of-interest controls and anti-capture measures, so that outcomes are free from undue influence that may impair the right to a clean, healthy and sustainable environment.","labels":["Indigenous peoples","Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":25,"text":"General comment No. 25 (2020), paras. 53–56; Rio Declaration, principle 10; Aarhus Convention; and Escazú Agreement."},{"n":26,"text":"J.T. et al. v. Finland (E/C.12/76/D/251/2022-E/C.12/76/D/289/2022) para. 14.6; and general comment No. 24 (2017), paras. 12 and 17."},{"n":27,"text":"General comments No. 15 (2002), para. 59; and No. 18 (2005), para. 51."},{"n":28,"text":"General Assembly resolution 78/216, paras. 18, 21 and 27."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0014","docId":"e-c-12-gc-27","idx":14,"n":14,"text":"14. Where an activity is determined to pose a significant risk to the environment and thereby affect the enjoyment of Covenant rights, States Parties must conduct environmental and human rights impact assessments, as they form core components of procedural obligations.[[fn:29]] The assessments should be conducted prior to the activity, be independent, consider cumulative impacts, and, in cases involving activities that may affect Indigenous Peoples’ territories, be carried out in a manner that respects their culture.[[fn:30]] Such assessments should be conducted with meaningful public participation, and the results should be made public and used to inform measures to prevent, cease and remedy any human rights violations or abuses.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":29,"text":"Pulp Mills on the River Uruguay (Argentina v. Uruguay), Judgment, I.C.J. Reports 2010, para. 204; and Inter-American Court of Human Rights, advisory opinion OC-23/17, para. 160."},{"n":30,"text":"J.T. et al. v. Finland, para. 14.6."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0015","docId":"e-c-12-gc-27","idx":15,"n":15,"text":"15. Respecting, protecting and fulfilling Covenant rights requires addressing the root causes of the interconnected crises of climate change, biodiversity loss and pollution. These are driven by unsustainable patterns of production and consumption, and an economic model based on unlimited growth. A transition to an economy that is centred on human rights and the well-being of the planet is imperative to ensure equal enjoyment of human rights within the Earth’s ecological limits.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0016","docId":"e-c-12-gc-27","idx":16,"n":16,"text":"16. In particular, climate change is already having a severe impact on the enjoyment of Covenant rights, and is exacerbating other environmental challenges, requiring both systemic transformation and concrete policy measures. Under the Covenant, States Parties are obliged to adopt and implement both mitigation and adaption measures to protect Covenant rights from the effects of climate change, and to provide reparation for the adverse impacts of climate change. These measures must reflect the highest possible ambition to meet the global temperature goal, aiming to avoid the worst climate-related harms and uphold human rights and sustainable development. In designing and implementing mitigation and adaptation measures, States Parties must ensure that these are disability-inclusive[[fn:31]] and address structural discrimination or inequality, paying particular attention to the rights of individuals and groups in vulnerable situations.[[fn:32]]","labels":["Persons affected by natural disasters","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":31,"text":"See https://www.ohchr.org/sites/default/files/documents/hrbodies/crpd/statements/2024-11-19-stm-disability-Inclusion-Climate-Action.docx."},{"n":32,"text":"HRI/2019/1, para. 13."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0017","docId":"e-c-12-gc-27","idx":17,"n":17,"text":"17. To mitigate climate change, States Parties must take all available measures, based on the best available scientific evidence, to reduce greenhouse gas emissions in line with the temperature goal set out in the Paris Agreement.[[fn:33]] If the current pace of fossil fuel production continues, global greenhouse gas emissions are likely to exceed the level compatible with the Paris Agreement temperature goal, with far-reaching implications for the realization of Covenant rights. Furthermore, States Parties should phase down the expansion of fossil fuel infrastructure, whether by public authorities or private actors, and phase out inefficient fossil fuel subsidies that do not address energy poverty or just transitions.[[fn:34]] States Parties should make all efforts to promote renewable energy, phase down unabated coal power, and transition away from fossil fuels in energy systems, in a just, orderly and equitable manner.[[fn:35]] Developed States, in line with the principle of common but differentiated responsibilities and respective capabilities, should lead mitigation efforts and provide financial and technological assistance to developing States to enable their effective climate action.[[fn:36]] Mitigation measures also include enhancing energy efficiency; reducing waste generation through prevention, recycling and reuse; minimizing food waste; transitioning towards sustainable food systems consistent with human rights; and promoting the construction of carbon-neutral housing.[[fn:37]]","labels":["Persons affected by natural disasters","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":33,"text":"Paris Agreement, art. 2; Glasgow Climate Pact, decision 1/CMA/3, para. 21; outcome of the first global stocktake, decision 1/CMA.5 (2023), para. 38; and International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, para. 224."},{"n":34,"text":"E/C.12/NOR/CO/6, para. 11; HRI/2019/1, para. 12; and United Nations Framework Convention on Climate Change decision 1/CMA.5, para. 28."},{"n":35,"text":"Pact for the Future, General Assembly resolution 79/1, para. 28 (c)."},{"n":36,"text":"Paris Agreement, art. 4 (4); International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, paras. 247 and 248; and Inter-American Court of Human Rights, advisory opinion OC-32/25, paras. 328–330."},{"n":37,"text":"A/HRC/56/46, paras. 7–14."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0018","docId":"e-c-12-gc-27","idx":18,"n":18,"text":"18. Forests, land, wetlands and marine ecosystems play a critical role in climate change mitigation and adaptation, serving as natural sinks and reservoirs for greenhouse gases. States Parties must take all measures necessary to conserve, protect and restore these ecosystems, including by halting and reversing deforestation, land and forest degradation and marine pollution.[[fn:38]] In accordance with the precautionary principle, unproven climate-related technologies should not be used until their environmental risks and potential impacts on Covenant rights are fully understood and assessed.[[fn:39]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":38,"text":"General Assembly resolution 79/1, para. 28 (e); and International Tribunal for the Law of the Sea, advisory opinion on climate change and international law, pp. 151 and 152."},{"n":39,"text":"A/74/161, para. 83; and Conference of the Parties to the Convention on Biological Diversity, decision X/33 (2010), para. 8 (w), and decision XIII/14 (2016), para. 6."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0019","docId":"e-c-12-gc-27","idx":19,"n":19,"text":"19. Progressive realization requires States Parties to take deliberate, concrete and targeted steps towards the full realization of Covenant rights, moving as expeditiously and effectively as possible.[[fn:40]] To monitor and evaluate this progress, it is essential to incorporate appropriate indicators and time-bound targets. States Parties must fully integrate sustainability when designing laws, policies and programmes to ensure the realization of these rights for present and future generations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":40,"text":"General comment No. 3 (1990), para. 9."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Progressive realization (art. 2 (1))"]},{"id":"e-c-12-gc-27-0020","docId":"e-c-12-gc-27","idx":20,"n":20,"text":"20. Progress in realizing Covenant rights cannot be considered adequate if it fails to address existing inequalities or exacerbates disparities in their enjoyment. Progressive realization must be guided by the principle of non-discrimination and equality, beginning with satisfaction of the minimum essential levels of each right. States Parties must improve the fulfilment of these rights for all, while prioritizing individuals and groups in marginalized or disadvantaged situations, who are often most affected by environmental degradation and possess fewer resources to respond.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Progressive realization (art. 2 (1))"]},{"id":"e-c-12-gc-27-0021","docId":"e-c-12-gc-27","idx":21,"n":21,"text":"21. The principle of progressive realization entails the prohibition of retrogression.[[fn:41]] It means that States Parties must refrain from adopting any measures that would diminish the level of realization of Covenant rights. If a measure of retrogressive nature is proposed, it must be fully justified in the light of the totality of the Covenant rights and full use of the maximum available resources. Such measures require the most careful consideration of whether they are temporary, necessary, proportionate and non-discriminatory, and of the extent to which they affect the minimum core content of the rights concerned.[[fn:42]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":41,"text":"General comment No. 3 (1990), para. 9."},{"n":42,"text":"E/C.12/2016/1, para. 4; E/C.12/2007/1, para. 10; and Ben Djazia and Bellili v. Spain (E/C.12/61/D/5/2015), para. 17.6."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Progressive realization (art. 2 (1))"]},{"id":"e-c-12-gc-27-0022","docId":"e-c-12-gc-27","idx":22,"n":22,"text":"22. Examples of retrogression may include a weakening of environmental regulations that increases health risks, or reducing access to clean water and sanitation.[[fn:43]] Failure to consider the long-term impacts of environmental degradation – such as climate change, biodiversity loss and pollution – on future generations may also amount to impermissible retrogression.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":43,"text":"Inter-American Court of Human Rights, Inhabitants of La Oroya v. Peru, judgment of 27 November 2023, paras. 186 and 187."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Progressive realization (art. 2 (1))"]},{"id":"e-c-12-gc-27-0023","docId":"e-c-12-gc-27","idx":23,"n":23,"text":"23. The full realization of Covenant rights must occur within the planet’s ecological limits. Measures addressing excessive levels of production and consumption – particularly where such patterns threaten the long-term realization of rights – should not be considered retrogressive. Conversely, measures whereby a State sustains or promotes consumption patterns that cause significant environmental harm, thereby undermining the equitable realization of rights over time, may constitute retrogression.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Progressive realization (art. 2 (1))"]},{"id":"e-c-12-gc-27-0024","docId":"e-c-12-gc-27","idx":24,"n":24,"text":"24. The term “resources” in article 2 (1) of the Covenant includes human, financial, technical, natural, cultural and scientific resources, whether from public, private, domestic or international sources.[[fn:44]] States Parties must mobilize and allocate the maximum available resources for the progressive realization of Covenant rights, in a manner compatible with ecological limits and the objectives of sustainable development. This includes preventing harm from environmental degradation, such as climate change, pollution and biodiversity loss, and ensuring that these rights are fully respected, protected and fulfilled throughout the transition to a sustainable economy.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":44,"text":"General comments No. 3 (1990), para. 13; and No. 24 (2017), para. 23."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Maximum available resources (art. 2 (1))"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-27-0025","docId":"e-c-12-gc-27","idx":25,"n":25,"text":"25. States Parties should enhance resource availability by taking measures such as combating tax evasion, tax avoidance and corruption, and by strengthening progressive tax systems, while avoiding undue burdens on disadvantaged individuals and groups.[[fn:45]] Fiscal policies should be sustainable, support a just transition to low-carbon economies, and protect low-income households from increased costs during this transition. Broadly, fiscal policies should incentivize sustainable development models and should be shaped through transparent and participatory processes. Addressing economic and structural inequalities is essential for the full realization of Covenant rights and for advancing sustainable development. Equitable access to land, natural resources and scientific research must also be guaranteed.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":45,"text":"See E/C.12/2025/1."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Maximum available resources (art. 2 (1))"]},{"id":"e-c-12-gc-27-0026","docId":"e-c-12-gc-27","idx":26,"n":26,"text":"26. Natural resources are integral to human well-being, and their sustainable use contributes to the realization of Covenant rights, through clean water, sanitation, air, food, and healthy ecosystems.[[fn:46]] States Parties must incorporate an ecosystem approach that promotes the conservation, sustainable use and equitable sharing of natural resources, including access to land and water.[[fn:47]] These resources must be managed sustainably for present and future generations, including through incentives for sustainable practices and through investment in climate adaptation. The vital role of Indigenous Peoples and traditional communities in maintaining biodiversity and ecosystems must be also recognized, and their traditional livelihoods, cultural practices and world views should be respected and, where compatible with human rights and sustainability, supported.[[fn:48]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":46,"text":"Millennium Ecosystem Assessment, Ecosystems and Human Well-being: Synthesis (Washington, D.C., Island Press, 2005)."},{"n":47,"text":"General comment No. 26 (2022), para. 38; General Assembly resolution 73/284, para. 3; Convention on Biological Diversity, art. 2; and Conference of the Parties to the Convention on Biological Diversity, decision V/6 (2000)."},{"n":48,"text":"Conference of the Parties to the Convention on Biological Diversity, decision X/33 (2010), para. 8 (i) and (v)."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Maximum available resources (art. 2 (1))"]},{"id":"e-c-12-gc-27-0027","docId":"e-c-12-gc-27","idx":27,"n":27,"text":"27. In its general comment No. 3 (1990), the Committee affirms that States Parties have a core obligation to ensure, at a minimum, essential levels of each right recognized in the Covenant. This remains applicable in situations of conflict, emergency or natural disaster.[[fn:49]] In the context of environmental degradation and the transition to sustainable economies, this includes access to essential healthcare, basic shelter and housing, safe and sufficient water and sanitation, adequate and safe food, and education that meets minimum standards. This obligation also includes guaranteeing access to essential public services and basic income security, including through social protection systems,[[fn:50]] and to just and favourable conditions of work, including occupational safety and minimum wages that ensure a decent living.[[fn:51]] Cultural participation and access to the benefits of scientific progress and its applications essential for the enjoyment of human rights must also be ensured.[[fn:52]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":49,"text":"E/C.12/2001/10, para. 17."},{"n":50,"text":"E/C.12/2015/1, para. 8."},{"n":51,"text":"General comment No. 23 (2016), para. 65."},{"n":52,"text":"General comments No. 21 (2009), para. 55; and No. 25 (2020), para. 52."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","B. Core obligations"]},{"id":"e-c-12-gc-27-0028","docId":"e-c-12-gc-27","idx":28,"n":28,"text":"28. Furthermore, States Parties have a core obligation to safeguard the environmental conditions necessary for realizing essential levels of Covenant rights in the short, medium and long term, including protecting sources of water for domestic use, reducing pollutants and preserving critical ecosystems such as forests and wetlands. As a matter of priority, States Parties must make every effort, using all available resources, to prevent – and where prevention is not possible, to mitigate – environmental harm that threatens the realization of essential levels of Covenant rights. Where harm occurs, States Parties must ensure access to effective remedies and reparations. Policies and measures to safeguard these fundamental environmental conditions must be designed in full respect of Covenant rights, ensuring that they do not undermine the essential levels of their enjoyment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","B. Core obligations"]},{"id":"e-c-12-gc-27-0029","docId":"e-c-12-gc-27","idx":29,"n":29,"text":"29. The Committee recalls that a failure to meet minimum core obligations can only be justified by a demonstrated effort to use all available resources to satisfy, as a matter of priority, those minimum obligations.[[fn:53]] States Parties should further ask the international community for assistance in implementing its core obligations. In particular, it is incumbent upon States Parties and other actors in a position to provide international assistance and cooperation to enable countries with fewer resources to fulfil their core obligations,[[fn:54]] which is especially urgent in disaster and emergency situations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":53,"text":"General comment No. 3 (1990), para. 10."},{"n":54,"text":"General comment No. 14 (2000), para. 45."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","B. Core obligations"]},{"id":"e-c-12-gc-27-0030","docId":"e-c-12-gc-27","idx":30,"n":30,"text":"30. The Committee has previously affirmed the obligation of States Parties to respect and protect the enjoyment of Covenant rights beyond their borders,[[fn:55]] consistently addressing these obligations during the examination of States Parties’ periodic reports, particularly in relation to business activities. In the context of environmental degradation, it is incumbent upon States Parties to prevent foreseeable harm to the enjoyment of Covenant rights in other countries resulting from climate change, pollution or unsustainable development. This includes regulating activities under their effective control that contribute to such harm. These obligations are reinforced by a systematic interpretation of the Covenant, consistent with international environmental law.[[fn:56]] The obligation to prevent significant environmental harm to other States is a firmly established customary rule.[[fn:57]] It requires States to use all the means at their disposal “to avoid activities which take place in its territory, or in any area under its jurisdiction, causing significant damage to the environment of another State”.[[fn:58]] Where transboundary environmental harm occurs, States Parties must mitigate and remedy the impacts on Covenant rights.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":55,"text":"General comments No. 15 (2002), para. 31; No. 24 (2017), paras. 26–37; and No. 26 (2022), paras. 40–47."},{"n":56,"text":"Sacchi et al. v. Argentina (CRC/C/88/D/104/2019), para. 10.5."},{"n":57,"text":"International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, para. 272."},{"n":58,"text":"Pulp Mills on the River Uruguay (Argentina v. Uruguay), Judgment, I.C.J. Reports 2010, para. 101."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","Extraterritorial obligations"]},{"id":"e-c-12-gc-27-0031","docId":"e-c-12-gc-27","idx":31,"n":31,"text":"31. States Parties also have an extraterritorial obligation to prevent the activities of business enterprises under their jurisdiction from causing environmental harm that affects the enjoyment of Covenant rights in other countries.[[fn:59]] To this end, States Parties are expected to adopt appropriate regulatory and policy measures to ensure that business entities domiciled in their territory or under their jurisdiction respect human rights, including by conducting human rights and environmental due diligence throughout their operations and value chains. States Parties are also expected to establish accessible judicial and non-judicial mechanisms to ensure accountability and provide remedies for human rights abuses by business enterprises operating transnationally, particularly where effective remedies are unavailable or ineffective in the State where the harm occurs.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":59,"text":"Inter-American Court of Human Rights, advisory opinion OC-32/25, paras. 345–350."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","Extraterritorial obligations"]},{"id":"e-c-12-gc-27-0032","docId":"e-c-12-gc-27","idx":32,"n":32,"text":"Where States Parties support or engage in investments abroad, particularly in large-scale projects, they should ensure – including, where appropriate, by requiring – that such investments are subject to effective human rights due diligence, and do not impair the ability of the receiving States to fulfil their obligations under the Covenant,[[fn:60]] including preventing and mitigating environmental degradation. States Parties should take measures, including through appropriate regulatory and treaty frameworks, to reduce the risk of business enterprises under their jurisdiction misusing investment treaties or investor-State dispute settlement mechanisms in ways that undermine environmental regulations or Covenant rights in other States.[[fn:61]] States Parties should also maintain adequate domestic policy space, including environmental regulations, for realizing the Covenant rights when pursuing business-related policy objectives with other States or business enterprises, for instance through investment treaties or contracts.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":60,"text":"General comment No. 26 (2022), para. 44; and Inter-American Court of Human Rights, advisory opinion OC-32/25, para. 351."},{"n":61,"text":"See A/78/168."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","Extraterritorial obligations"]},{"id":"e-c-12-gc-27-0033","docId":"e-c-12-gc-27","idx":33,"n":33,"text":"33. Responding to transboundary environmental challenges, such as climate change, pollution and biodiversity loss, which threaten the enjoyment of Covenant rights, requires an effective global response. States Parties must take steps, individually and through international assistance and cooperation, to mitigate and adapt to climate change, and to address biodiversity loss and environmental degradation, in line with the objectives of sustainable development.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0034","docId":"e-c-12-gc-27","idx":34,"n":34,"text":"34. In implementing their obligation of assistance and cooperation, States Parties should consider historical contributions to environmental degradation, different capabilities, and the specific needs of developing countries. The principle of common but differentiated responsibilities and respective capabilities is essential for a just and equitable transition from a fossil fuel-based economy.[[fn:62]] Priority areas of cooperation include climate finance, technology transfer, capacity-building, information-sharing, addressing loss and damage, and securing fair and durable solutions for climate-induced displacement and migration. Combating illicit financial flows, including tax evasion and avoidance, is critical to enhancing States’ capacities for environmental and climate action.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":62,"text":"United Nations Framework Convention on Climate Change, preamble and art. 3 (1); and Paris Agreement, art. 2 (2)."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0035","docId":"e-c-12-gc-27","idx":35,"n":35,"text":"35. Developed States should support developing States that have more limited capacities in achieving a just and equitable transition. This includes providing climate finance and transferring environmentally sound technologies to support mitigation, adaptation and reparations, particularly for countries least responsible but most affected.[[fn:63]] In line with the principle of equity, assistance to low-income countries with high debt burdens should be provided as grants rather than loans to avoid exacerbating debt distress.[[fn:64]] Where necessary to restore sustainability and protect Covenant rights, debt restructuring, relief or cancellation should be considered. A just transition must reduce, not reinforce, inequalities both within and between countries.[[fn:65]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":63,"text":"General comment No. 26 (2022), para. 58; and Committee on the Rights of the Child, general comment No. 26 (2023), paras. 111–115."},{"n":64,"text":"General Assembly resolution 79/1, para. 28; and A/HRC/55/54, para. 53."},{"n":65,"text":"Sustainable Development Goal 10."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0036","docId":"e-c-12-gc-27","idx":36,"n":36,"text":"36. Given the central role of science and technology in advancing sustainable development and responding to environmental crises, States Parties must facilitate the transfer of, and access to, relevant technology and scientific research necessary to realize Covenant rights. Intellectual property regimes must not hinder access to such technology.[[fn:66]] States Parties should recognize and support diverse knowledge systems, including the traditional knowledge, innovations and practices of Indigenous Peoples, peasants and other rural communities, which are essential to biodiversity conservation and climate change mitigation and adaptation.[[fn:67]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":66,"text":"E/C.12/2018/1, para. 7; and general comment No. 25 (2020), paras. 62, 79 and 80."},{"n":67,"text":"Convention on Biological Diversity, art. 8 (j)."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0037","docId":"e-c-12-gc-27","idx":37,"n":37,"text":"37. International assistance and cooperation should be grounded in equity, mutual respect and accountability, and structured to avoid undermining the sustainable development of recipient countries.[[fn:68]] Financing for environmental and climate action should expand fiscal space to support mitigation, adaptation and reparations, while reinforcing social protection systems that are vital to ensuring the minimum essential levels of enjoyment of Covenant rights. States Parties receiving assistance are obliged to use it effectively for the realization of Covenant rights, especially minimum core obligations, giving priority to people in vulnerable situations.[[fn:69]] States Parties and providers of international assistance must ensure that environmental measures supported through international cooperation are implemented with the meaningful participation of affected individuals and communities, and with the free, prior and informed consent of Indigenous Peoples.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":68,"text":"Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights, principle 32."},{"n":69,"text":"Ibid., principle 34."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0038","docId":"e-c-12-gc-27","idx":38,"n":38,"text":"38. States Parties should create an international environment conducive to the full realization of Covenant rights, including in areas such as trade, investment, taxation, finance, environmental protection, climate policy and development cooperation.[[fn:70]] States Parties should exercise their roles and responsibilities within the international financial architecture, including in international forums such as the International Monetary Fund and the World Bank, and in the negotiation and implementation of trade and investment treaties, to ensure that decisions in these spaces advance the realization of Covenant rights.[[fn:71]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":70,"text":"Ibid., principle 29."},{"n":71,"text":"E/C.12/2016/1, paras. 7–9."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0039","docId":"e-c-12-gc-27","idx":39,"n":39,"text":"39. While environmental degradation, including climate change, affects everyone, systemic inequalities, discrimination and historical exclusion from decision-making processes have led to disproportionately severe impacts on certain individuals and groups, often exacerbating existing inequalities, based on factors such as socioeconomic status, race, colour, gender, disability, age, migratory status, sexual orientation and gender identity. Individuals and groups in vulnerable situations, particularly those who experience intersecting forms of disadvantage, face disproportionate harm and possess fewer resources to respond.[[fn:72]] States Parties must identify and prioritize the needs of individuals and groups in vulnerable or marginalized situations, taking into account intersectionality. They must address structural and systemic discrimination and inequality, and safeguard such individuals and communities from human rights risks arising both from environmental harm and from measures taken in response.[[fn:73]] In doing so, States Parties must also take into account the rights of future generations to equal enjoyment of all human rights, and refrain from acts or omissions likely to result in or perpetuate discrimination against them.[[fn:74]]","labels":["LGBTI+","Persons affected by natural disasters","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":72,"text":"Intergovernmental Panel on Climate Change, Summary for policymakers, in Climate Change 2023: Synthesis Report, Contribution of Working Groups I, II and III to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change; and A/79/270, para. 88."},{"n":73,"text":"E/C.12/2019/1, paras. 6–10."},{"n":74,"text":"Maastricht Principles on the Human Rights of Future Generations, principle 6."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equality and non-discrimination (art. 2 (2))"]},{"id":"e-c-12-gc-27-0040","docId":"e-c-12-gc-27","idx":40,"n":40,"text":"40. Heavily polluting and hazardous facilities – including open-pit mines, smelters, petroleum refineries, chemical plants, coal-fired power stations, oil and gas fields, steel plants, waste dumps and hazardous waste incinerators – are often located in or near disadvantaged and marginalized communities.[[fn:75]] The principle of non-discrimination and equality requires States Parties to address systemic patterns of marginalization and environmental injustices, particularly those linked to intersecting forms of discrimination, including racism and colonial legacies.[[fn:76]] This includes prioritizing mitigation, adaptation, remediation, reparation and environmental restoration measures for communities that bear a disproportionate burden of exposure to pollution and toxic contamination.[[fn:77]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":75,"text":"A/HRC/49/53, para. 28."},{"n":76,"text":"A/77/549, para. 77."},{"n":77,"text":"A/HRC/49/53, para. 57."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equality and non-discrimination (art. 2 (2))"]},{"id":"e-c-12-gc-27-0041","docId":"e-c-12-gc-27","idx":41,"n":41,"text":"41. States Parties must ensure equal access to natural resources for Indigenous Peoples, peasants and people in rural communities who depend on nature for subsistence and their cultural identity. States Parties must also prevent and address harmful practices by private actors, such as pollution-intensive operations or carbon-offset projects, that disproportionately affect individuals and groups in marginalized situations.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equality and non-discrimination (art. 2 (2))"]},{"id":"e-c-12-gc-27-0042","docId":"e-c-12-gc-27","idx":42,"n":42,"text":"42. Achieving equality between men and women in the enjoyment of Covenant rights in all policy areas is a precondition for sustainable development. Women and girls often face legal, social and economic disadvantages rooted in unequal power relations and patriarchal structures. The environmental crises exacerbate existing gender inequalities, particularly in access to land, natural resources, and essential services, including healthcare, food, water, sanitation and waste treatment.[[fn:78]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":78,"text":"E/2022/27, chap. I, sect. A, para. 46."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equal rights of men and women (art. 3)"]},{"id":"e-c-12-gc-27-0043","docId":"e-c-12-gc-27","idx":43,"n":43,"text":"43. Women and girls are disproportionately exposed to harmful effects from toxic substances, waste and pollution, with serious implications for their health and well-being.[[fn:79]] For women in rural areas, secure access to land is a critical resource for subsistence, access to essential goods and services, and protection from violence.[[fn:80]] In addressing environmental crises and fulfilling their obligation to ensure substantive equality, States Parties must guarantee women’s access to, control over and secure tenure of land and other means necessary for food security and livelihoods.[[fn:81]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":79,"text":"A/HRC/52/33, paras. 15, 18, 29 and 33."},{"n":80,"text":"General comment No. 26 (2022), para. 14."},{"n":81,"text":"General comment No. 16 (2005), para. 28."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equal rights of men and women (art. 3)"]},{"id":"e-c-12-gc-27-0044","docId":"e-c-12-gc-27","idx":44,"n":44,"text":"44. Gender inequality is compounded by the unequal burden of unpaid care and domestic work on women, and is intensified by climate change – for example, the increased time and effort required to secure water, or altering work patterns due to rising temperatures.[[fn:82]] States Parties should recognize, reduce and redistribute unpaid care and support work, by ensuring accessible, rights-based care and support systems, and by promoting an equitable sharing of responsibilities between men and women, and among the State, families, communities and the private sector.[[fn:83]]","labels":["Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":82,"text":"E/2022/27, chap. I, sect. A, paras. 23, 38, 47 and 62 (jj); and A/HRC/41/26, para. 8."},{"n":83,"text":"A/HRC/58/43, para. 72 (a)."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equal rights of men and women (art. 3)"]},{"id":"e-c-12-gc-27-0045","docId":"e-c-12-gc-27","idx":45,"n":45,"text":"45. States Parties should integrate a gender-responsive and whole-of-government approach into all sustainable development policies, especially relating to disaster risk reduction, climate change, pollution, biodiversity protection and natural resource management.[[fn:84]] This includes gender-responsive financing and budgeting strategies. In the context of natural disasters and climate-related emergencies, States Parties must ensure that women have equal access to resources and means of protection, including timely warnings and other relevant information. States Parties also have a duty to ensure that women have access to accurate, affordable and culturally appropriate environmental information and education.[[fn:85]] These efforts should be informed by impact assessments that examine the differentiated effects of climate change and environmental degradation on women and girls.","labels":["Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":84,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 37 (2018), para. 26; and A/HRC/41/26."},{"n":85,"text":"A/HRC/52/33, para. 66."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equal rights of men and women (art. 3)"]},{"id":"e-c-12-gc-27-0046","docId":"e-c-12-gc-27","idx":46,"n":46,"text":"46. Articles 1 (2) and 25 of the Covenant affirm the right of peoples to freely pursue their economic, social and cultural development and dispose of their natural wealth and resources, as an essential aspect of their self-determination. This right entails that peoples are the primary beneficiaries of exploitation of their natural resources. Each State Party must ensure that such exploitation, whether by national or foreign entities, is adequately regulated, so that the benefits are fairly and equitably shared in ways that advance Covenant rights.[[fn:86]] In pursuing equitable and sustainable development, each State Party retains policy space best suited to its particular context, to determine the most appropriate mix of economic and social measures, provided that these are consistent with its obligations under the Covenant. Taxation, subsidies and licensing regimes related to resource extraction should be designed to mobilize resources effectively for the realization of Covenant rights, while minimizing environmental harm.[[fn:87]] Contracts with business entities for the extraction of natural resources should avoid the privatization of natural wealth and ensure the fair and equitable sharing of benefits, in accordance with article 1 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":86,"text":"E/C.12/COD/CO/4, para. 13; E/C.12/MRT/CO/1, para. 8; and E/C.12/1/Add.33, para. 10."},{"n":87,"text":"E/C.12/CMR/CO/4, para. 15; and E/C.12/FIN/CO/6, para. 9 (c)."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to self-determination (art. 1) and right to freely utilize natural resources (art. 25)"],"citedArticles":[{"treaty":"ICESCR","article":"1","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"25","source":"regex"},{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-gc-27-0047","docId":"e-c-12-gc-27","idx":47,"n":47,"text":"47. States Parties must uphold procedural safeguards in all decision-making related to the exploitation of natural resources, including ensuring meaningful public participation, access to timely and comprehensible information, and adherence to human rights principles throughout the licensing and concession processes.[[fn:88]] Where Indigenous Peoples are affected, their right to free, prior and informed consent must be fully respected and protected.[[fn:89]] The issuance of licences or permits must be preceded by independent and participatory environmental and human rights impact assessments, aimed at identifying potential harm to Covenant rights and local ecosystems.[[fn:90]] These assessments should inform decision-making and be accompanied by effective mechanisms for redress, particularly for affected communities, peasants and Indigenous Peoples.[[fn:91]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":88,"text":"General comment No. 25 (2020), paras. 53–56."},{"n":89,"text":"General comment No. 26 (2022), paras. 15, 21 and 58; and J.T. et al. v. Finland, para. 14.6."},{"n":90,"text":"E/C.12/KAZ/CO/2, para. 17 (e)."},{"n":91,"text":"General comment No. 24 (2017), paras. 17, 18 and 32; and United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, art. 5 (2)."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to self-determination (art. 1) and right to freely utilize natural resources (art. 25)"]},{"id":"e-c-12-gc-27-0048","docId":"e-c-12-gc-27","idx":48,"n":48,"text":"48. States Parties must exercise their right to dispose of natural resources in accordance with the principles of sustainability, intergenerational equity, and the prohibition of transboundary environmental harm.[[fn:92]] Overexploitation undermines the enjoyment of Covenant rights, which depend on a healthy environment. Where communities are directly affected by extractive activities, States Parties should ensure mitigation, fair compensation, and accountability, including requiring polluters, including business entities, to cover the costs of harm and environmental rehabilitation.[[fn:93]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":92,"text":"Rio Declaration, principles 2 and 3."},{"n":93,"text":"Rio Declaration, principle 16; and E/C.12/MLI/CO/1, para. 44."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to self-determination (art. 1) and right to freely utilize natural resources (art. 25)"]},{"id":"e-c-12-gc-27-0049","docId":"e-c-12-gc-27","idx":49,"n":49,"text":"49. Changes in environmental conditions pose growing risks to employment and income, especially in climate-sensitive sectors such as agriculture and fisheries. While the transition to environmentally sustainable economies can generate new decent work opportunities, it may also result in job losses in fossil fuel-reliant sectors.[[fn:94]] States Parties should assess, in a participatory manner, the impacts of both environmental degradation and policy responses on employment opportunities across all sectors, in line with their human rights obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":94,"text":"ILO, Guidelines for a just transition towards environmentally sustainable economies and societies for all, para. 12 (d)."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to work (art. 6)"]},{"id":"e-c-12-gc-27-0050","docId":"e-c-12-gc-27","idx":50,"n":50,"text":"50. On the basis of such assessments, States Parties should formulate and implement policies to expand decent work opportunities during the transition to sustainable economies, paying particular attention to young people, women, and persons in vulnerable or marginalized situations.[[fn:95]] Measures should ensure that workers in transition-affected sectors have access to vocational training, career guidance, reskilling and other support to facilitate their transition to green jobs. Employment generation should also be promoted, including by expanding public services and through ecosystem restoration initiatives.[[fn:96]] States Parties should recognize and support workers in the informal economy contributing to climate resilience and a circular economy, and take measures to facilitate their transition to formal employment.","labels":["Adolescents","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":95,"text":"ILO, ILC.111/Resolution V, para. 21 (g)."},{"n":96,"text":"ILO, Guidelines for a just transition, para. 29 (f)."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to work (art. 6)"]},{"id":"e-c-12-gc-27-0051","docId":"e-c-12-gc-27","idx":51,"n":51,"text":"51. Rapid environmental changes increase risks to working conditions and exacerbate existing ones, particularly through extreme weather and rising temperatures which endanger workers’ health and safety. States Parties should assess these risks across all sectors and adopt preventive and protective measures to ensure just and favourable conditions of work, including in the informal economy. This includes addressing both physical and mental health impacts, ensuring access to support services, safeguarding working conditions in emerging green sectors such as renewable energy and the circular economy, and ecosystem restoration.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to just and favourable conditions of work (art. 7)"]},{"id":"e-c-12-gc-27-0052","docId":"e-c-12-gc-27","idx":52,"n":52,"text":"52. States Parties should monitor and regulate workplaces effectively in order to address climate-related health and safety risks, including through robust labour inspection systems, and should undertake these efforts in meaningful dialogue with workers and their representatives. Regulatory frameworks should require business entities to protect workers’ health and safety,[[fn:97]] and to integrate decent and productive work into their climate and environmental strategies and due diligence.[[fn:98]] Policies should include safeguards and be aligned with internationally recognized standards, such as the core labour standards of the International Labour Organization and relevant frameworks for responsible business conduct and investment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":97,"text":"Ibid., para. 26 (j)."},{"n":98,"text":"ILO, Greening Enterprises: Transforming Processes and Workplaces."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to just and favourable conditions of work (art. 7)"]},{"id":"e-c-12-gc-27-0053","docId":"e-c-12-gc-27","idx":53,"n":53,"text":"53. Trade unions and their collective actions play an important role in advocating for just and favourable conditions of work and protecting workers from the impacts of environmental change and related measures. States Parties must ensure that trade unions and workers’ councils are able to meaningfully participate – through social dialogue and other mechanisms – in assessing risks to working conditions, and in designing policies to address them at the national, sectoral and workplace levels.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to form and join trade unions (art. 8)"]},{"id":"e-c-12-gc-27-0054","docId":"e-c-12-gc-27","idx":54,"n":54,"text":"54. Collective bargaining can be an effective mechanism for integrating environmental and climate-related concerns into workplace agreements, including provisions that ensure workers’ access to relevant environmental information, the right to refuse work that poses serious environmental risks or violates environmental legislation, protection for whistleblowers reporting environmental harm, occupational safety and health, sustainable transportation benefits, training on just transition, protection during climate-related disasters, and support for green procurement practices.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to form and join trade unions (art. 8)"]},{"id":"e-c-12-gc-27-0055","docId":"e-c-12-gc-27","idx":55,"n":55,"text":"55. Access to social security, healthcare and social services is essential for reducing vulnerability and inequality and enhancing people’s resilience to environmental risks. States Parties must ensure that social protection systems are adequately prepared to address the impacts of extreme weather, climate-related disasters and forced displacement. This includes incorporating climate and environmental risks, alongside life-cycle risks, into social protection systems, and linking these systems to vulnerability assessments.[[fn:99]] Effective preparedness and support requires the early identification of individuals and groups needing support, such as older persons, persons with disabilities, or those facing livelihood loss, to enable them to prepare for, cope with and recover from climate-related shocks. Social protection should be made to serve as a bridge between immediate humanitarian responses and long-term sustainable development.[[fn:100]]","labels":["Persons affected by armed conflict","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":99,"text":"ILO, World Social Protection Report 2024–26, p. 76."},{"n":100,"text":"Ibid., p. 31."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to social security (art. 9)"]},{"id":"e-c-12-gc-27-0056","docId":"e-c-12-gc-27","idx":56,"n":56,"text":"56. A well-designed social protection system plays a vital role in protecting individuals from the adverse effects of environmental policies and in facilitating the transition to green jobs and sustainable livelihoods. As a core obligation under the Covenant, States Parties must guarantee universal access to essential levels of social protection, including access to essential healthcare, and basic income security for children, for persons of working age unable to earn sufficient income for reasons such as sickness, unemployment, maternity or disability, and for older persons.[[fn:101]] Such protection must be sufficient to enable individuals and families to meet their basic needs, including adequate housing, water and sanitation, food, education, and, where relevant, disability-related costs. Furthermore, States Parties should take deliberate and targeted steps to progressively realize the right to social security, paying particular attention to those who remain unprotected, including women, workers in precarious employment relationships, and those in the informal economy.","labels":["Children","Persons with disabilities","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":101,"text":"General comment No. 19 (2007), para. 59 (a); and E/C.12/2015/1, paras. 7–9."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to social security (art. 9)"]},{"id":"e-c-12-gc-27-0057","docId":"e-c-12-gc-27","idx":57,"n":57,"text":"57. States Parties must ensure that social security systems are adequately funded, resilient to future shocks, and designed to meet long-term needs, using the maximum available resources. Where national resources and capacity are insufficient to ensure sustainable social protection systems, States Parties must seek international assistance and cooperation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to social security (art. 9)"]},{"id":"e-c-12-gc-27-0058","docId":"e-c-12-gc-27","idx":58,"n":58,"text":"58. The right to an adequate standard of living requires States Parties to ensure that everyone has access to the goods and services necessary for an adequate standard of living, including adequate food, water and sanitation, clothing, housing, electricity, transport and communications.[[fn:102]] The reference in article 11 of the Covenant to “the continuous improvement of living conditions” must be understood in the light of the planet’s environmental limits. States Parties should promote transitions in areas such as food, water, housing and transport systems to ensure sustainability and resilience to environmental change.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":102,"text":"General comments No. 4 (1991); No. 12 (1999); and No. 15 (2002)."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-gc-27-0059","docId":"e-c-12-gc-27","idx":59,"n":59,"text":"59. The right to adequate food requires long-term access to sufficient, nutritious and culturally appropriate food through the sustainable use of natural resources, such as soil, water, seeds, biodiversity, agriculture and forests, particularly in rural areas and increasingly in urban settings. States Parties must promote a transformation of food systems consistent with human rights obligations – ensuring the long-term viability of production and distribution, increasing resilience to climate change, reducing pollution, and safeguarding biodiversity through its conservation and sustainable use.[[fn:103]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":103,"text":"Food and Agriculture Organization (FAO), Voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security: guideline 8E."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0060","docId":"e-c-12-gc-27","idx":60,"n":60,"text":"60. Article 11 (2) (a) of the Covenant requires States Parties to develop and reform agrarian systems “in such a way as to achieve the most efficient development and utilization of natural resources”. Efficiency must be understood to include sustainability – preserving the long-term capacity of natural resources – to support the enjoyment of Covenant rights. This includes measures to respect, protect and fulfil tenure security for all legitimate tenure rights to land, fisheries and forests, especially for individuals, communities and peoples in vulnerable or marginalized situations.[[fn:104]] Transitioning to sustainable food systems requires planning consistent with the right to adequate food, including spatial planning that prioritizes individuals and groups in disadvantaged or marginalized situations, such as small-scale farmers.[[fn:105]] Current agricultural policies and subsidies that support unsustainable land use and deplete natural resources must be transformed to enable food systems that ensure an adequate standard of living for present and future generations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":104,"text":"General comment No. 26 (2022), paras. 22–33."},{"n":105,"text":"United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, preamble and para. 7."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"],"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-27-0061","docId":"e-c-12-gc-27","idx":61,"n":61,"text":"61. Industrial food systems – including production, transportation, processing, packaging, storage, retail, consumption and waste – can significantly contribute to climate change, biodiversity loss and the degradation of soil and water.[[fn:106]] Securing the right to food entails promoting sustainable farming practices, including, where appropriate, the adoption of agroecological approaches, to reduce carbon emissions, antibiotic overuse, and reliance on intensive industrial models. These practices also help prevent zoonotic diseases and crop diseases by enhancing biodiversity and reducing harmful practices such as large-scale monoculture and excessive pesticide use.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":106,"text":"Intergovernmental Panel on Climate Change, Climate Change and Land: An IPCC Special Report (2019), p. 439."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0062","docId":"e-c-12-gc-27","idx":62,"n":62,"text":"62. Limited access to safe water and sanitation is closely linked to poverty and inequality, and is exacerbated by water pollution, water scarcity, freshwater ecosystem degradation, and climate change.[[fn:107]] States Parties must prioritize water for personal, domestic use, and smallscale subsistence agriculture, and, as part of their core obligations, ensure universal access to safe and sufficient water and adequate sanitation, especially for those living in lowincome households and other disadvantaged or marginalized situations.[[fn:108]]","labels":["Persons affected by natural disasters","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":107,"text":"A/HRC/46/28, para. 31; and UN-Water and UNESCO, United Nations World Water Development Report 2020: Water and Climate Change, p. 2."},{"n":108,"text":"General comment No. 15 (2002), para. 37."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0063","docId":"e-c-12-gc-27","idx":63,"n":63,"text":"63. To that end, States Parties should adopt integrated strategies to ensure the right to water for present and future generations,[[fn:109]] including effective measures to prevent water pollution, to reduce unsustainable or inefficient use and to address distribution losses. States Parties are also required to enact and enforce regulatory frameworks to prevent businesses and other actors from polluting, overextracting from or degrading freshwater ecosystems. Water and sanitation infrastructure must be designed, built and maintained to be resilient to the impacts of extreme weather and natural disasters.[[fn:110]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":109,"text":"Ibid., para. 28."},{"n":110,"text":"A/HRC/46/28, para. 73."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0064","docId":"e-c-12-gc-27","idx":64,"n":64,"text":"64. As a significant share of the world’s freshwater resources lie in transboundary aquifers and river basins, the effective realization of the right to water and sanitation requires international cooperation,[[fn:111]] including regarding water quality, equitable distribution, flood management, climate change adaptation, and sustainable management of shared water resources.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":111,"text":"UN-Water and UNESCO, United Nations World Water Development Report 2024: Water for Prosperity and Peace, p. 7."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0065","docId":"e-c-12-gc-27","idx":65,"n":65,"text":"65. States Parties must take timely adaptation measures to ensure that housing is resilient to climate impacts, such as insulation, efficient heating, and cooling. States Parties must also adopt mitigation measures to reduce housing-related emissions, such as promoting sustainable materials, enhancing energy efficiency, and supporting the use of renewable energy for cooking, heating, cooling and lighting.[[fn:112]] Adaptation and mitigation measures must not undermine the right to adequate housing, especially for residents of informal settlements and persons in disadvantaged or marginalized situations, by increasing housing costs, energy poverty or homelessness, or reinforcing pre-existing inequalities.","labels":["Persons in street situations","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":112,"text":"A/HRC/52/28, para. 70."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0066","docId":"e-c-12-gc-27","idx":66,"n":66,"text":"66. Adequate urban and rural planning at the national and local levels should address climate change risks, disaster preparedness, pollution, access to water and waste management, affordable public transport, healthcare, social services, and income-generating opportunities.[[fn:113]] Planning should also incorporate net-zero building codes, green spaces, and measures to mitigate urban heat islands. Construction standards must promote climate resilience and reduce emissions.","labels":["Persons affected by natural disasters","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":113,"text":"Sustainable Development Goal 11."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0067","docId":"e-c-12-gc-27","idx":67,"n":67,"text":"67. The right to health requires States Parties to ensure access to timely, acceptable and affordable quality healthcare, and to provide for the underlying determinants of health.[[fn:114]] Laws and policies must prevent and reduce air, water and soil pollution, including contamination by heavy metals.[[fn:115]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":114,"text":"General comment No. 14 (2000), paras. 4, 11 and 12."},{"n":115,"text":"Ibid., paras. 36 and 51."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to the highest attainable standard of physical and mental health (art. 12)"]},{"id":"e-c-12-gc-27-0068","docId":"e-c-12-gc-27","idx":68,"n":68,"text":"68. Environmental degradation, climate change and biodiversity loss pose serious health risks, with disproportionate and inequitable impacts both within and between States. States Parties should take specific measures to protect and fulfil the right to health for those most affected by environmental harms. International assistance and cooperation are essential to addressing transboundary health risks linked to environmental degradation.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to the highest attainable standard of physical and mental health (art. 12)"]},{"id":"e-c-12-gc-27-0069","docId":"e-c-12-gc-27","idx":69,"n":69,"text":"69. Health policies and programmes must address both the physical and the mental health impacts of environmental degradation, including by building accessible, sustainable and resilient health systems. Attention should also be given to ensuring culturally appropriate healthcare services for all, including Indigenous Peoples, and to protecting practices and resources for traditional medicine. Intersectoral collaboration is vital to addressing the interrelated nature of human, animal and environmental health, and to promoting planetary health, on which human health ultimately depends. The meaningful participation of civil society organizations and representatives of disadvantaged or marginalized groups should be ensured throughout all stages of health planning to promote more inclusive outcomes.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to the highest attainable standard of physical and mental health (art. 12)"]},{"id":"e-c-12-gc-27-0070","docId":"e-c-12-gc-27","idx":70,"n":70,"text":"70. Health policymaking and resource allocation must account for long-term health challenges arising from environmental crises. States Parties must design, implement and maintain health systems and services that are resilient to environmental shocks and their associated economic and social impacts. Sustainable public investment is essential, both in the underlying determinants of health and in strengthening of the health system itself, including through the training, recruitment and retention of a sufficient number of healthcare workers, and the protection of their labour rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to the highest attainable standard of physical and mental health (art. 12)"]},{"id":"e-c-12-gc-27-0071","docId":"e-c-12-gc-27","idx":71,"n":71,"text":"71. Access to education, infrastructure, and learning outcomes are increasingly affected by environmental degradation. Extreme weather, sea-level rise, floods, excessive heat or cold, water scarcity and displacement significantly affect schooling, students’ well-being and the quality and continuity of education. These challenges require adaptation consistent with human rights obligations, including climate-resilient infrastructure, inclusive planning and disaster preparedness. States Parties should guarantee continuous quality education for displaced children, including those in informal settlements, and ensure that school facilities are safe, physically accessible, and adequate, with secure access routes and reliable water and sanitation.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to education (arts. 13 and 14)"]},{"id":"e-c-12-gc-27-0072","docId":"e-c-12-gc-27","idx":72,"n":72,"text":"72. Education on sustainable development, human rights and environmental protection is an essential component of quality education and lifelong learning. States Parties should integrate environmental and climate education, including biodiversity protection, at all levels of education, linking it to human rights and environmental justice. Environmental values should be embedded in curricula, teacher training, pedagogy and school environments. Learners of all ages should be able to acquire the knowledge, skills and agency to address global challenges, and to take informed action to safeguard the environment and promote sustainability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to education (arts. 13 and 14)"]},{"id":"e-c-12-gc-27-0073","docId":"e-c-12-gc-27","idx":73,"n":73,"text":"73. Culture shapes and reflects how individuals and communities relate to nature and conduct their economic, social and political lives.[[fn:116]] Cultural rights require States Parties to respect, protect and promote diverse cultural expressions, practices and knowledge systems. The disconnection of people from nature and the domination of certain groups of people over nature and other groups of people are among the underlying causes of biodiversity loss and related environmental degradation.[[fn:117]] Therefore, cultural rights are crucial to sustainable development. Indigenous Peoples, peasants and local communities have often developed cultural practices and knowledge systems that support both human and ecological wellbeing.[[fn:118]] States Parties must integrate cultural rights into development strategies and promote intercultural dialogue and knowledge-sharing to address the root causes and impacts of climate change, biodiversity loss and pollution.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":116,"text":"General comment No. 21 (2009), paras. 13 and 36."},{"n":117,"text":"IPBES/11/12/Add.2, p. 5."},{"n":118,"text":"A/77/290, paras. 32 and 33."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to take part in cultural life and to enjoy the benefits of scientific progress (art. 15)"]},{"id":"e-c-12-gc-27-0074","docId":"e-c-12-gc-27","idx":74,"n":74,"text":"74. Cultural heritage is increasingly threatened by climate change. Floods, sea-level rise, coastal erosion, wildfires and extreme weather damage both tangible and intangible heritage. The sustainable enjoyment of cultural rights requires States Parties to consider longterm needs when providing support to artists, cultural institutions and scientific bodies. Individuals and communities should be supported in safeguarding cultural sites, traditions and practices in response to environmental change.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to take part in cultural life and to enjoy the benefits of scientific progress (art. 15)"]},{"id":"e-c-12-gc-27-0075","docId":"e-c-12-gc-27","idx":75,"n":75,"text":"75. The right to science entails access to scientific education and knowledge, fair sharing of the benefits of scientific progress, and the obligation to promote research that addresses priority needs, especially for people in vulnerable and marginalized situations.[[fn:119]] Given the critical role of science and technology in addressing environmental crises and supporting sustainable transformation in the patterns of production and consumption, States Parties must adopt evidence-based environmental policies, ensure public access to environmental information, safeguard against disinformation, particularly on climate change, and promote equitable access to the benefits of scientific progress.[[fn:120]] In line with the precautionary principle, States Parties must regulate the use of unproven climate-related technologies. International cooperation is essential for fair sharing of scientific knowledge and transfer of environmentally sound technologies.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":119,"text":"General comment No. 25 (2020), para. 52."},{"n":120,"text":"A/79/176, para. 52."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to take part in cultural life and to enjoy the benefits of scientific progress (art. 15)"]},{"id":"e-c-12-gc-27-0076","docId":"e-c-12-gc-27","idx":76,"n":76,"text":"76. Environmental degradation, including climate change, intensifies the vulnerabilities of individuals and groups who have historically experienced and/or experience marginalization. These vulnerabilities are shaped by intersecting factors such as socioeconomic status, race, ethnicity, gender, disability, age, migratory status, sexual orientation and gender identity.[[fn:121]] The impacts of environmental harm vary within and between groups, depending on the context. Risks are particularly acute for those subject to multiple and intersecting forms of discrimination, which compound the consequences of environmental harm and further constrain access to remedies, resources and resiliencebuilding measures.","labels":["LGBTI+","Persons affected by natural disasters","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":121,"text":"A/79/270, para. 88."}],"section":["V. Individuals and groups in particularly vulnerable situations"]},{"id":"e-c-12-gc-27-0077","docId":"e-c-12-gc-27","idx":77,"n":77,"text":"77. States Parties must identify those most at risk, address structural inequalities that heighten their exposure to environmental harm, and protect against human rights risks arising both from environmental degradation and from measures taken in response. Ensuring the meaningful participation of affected individuals and groups throughout all stages of the decision-making is essential. While the adverse effects of environmental degradation can affect many, the present section is focused on children, on Indigenous Peoples, peasants, pastoralists and fishers whose livelihoods and cultures are closely connected to nature, and on displaced persons.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["V. Individuals and groups in particularly vulnerable situations"]},{"id":"e-c-12-gc-27-0078","docId":"e-c-12-gc-27","idx":78,"n":78,"text":"78. Climate change, biodiversity loss and pollution significantly affect children’s rights and well-being. Younger children are especially susceptible to environmental harm from pollution and toxic chemicals, which can have long-term impacts on their health and development.[[fn:122]] Food and water insecurity, intensified by environmental degradation, heightens the risks of acute and chronic malnutrition and disease.[[fn:123]] The loss of family livelihoods, especially in the informal sectors, can increase the incidence of child labour and deepen poverty, and environmental stressors and climate-related disasters may disrupt education, increase school dropout rates, affect mental health, and heighten exposure to violence, exploitation and child marriage.[[fn:124]] Children in vulnerable situations, including those living in poverty, displacement, or social exclusion, are often disproportionately affected. The Committee also recognizes that children around the world are at the forefront of environmental action, drawing attention to the human rights consequences of environmental degradation.[[fn:125]]","labels":["Children","Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":122,"text":"Committee on the Rights of the Child, general comment No. 26 (2023), paras. 38–41; and HRI/2019/1, para. 3."},{"n":123,"text":"A/HRC/46/28, para. 44."},{"n":124,"text":"Committee on the Rights of the Child, general comment No. 26 (2023), para. 35."},{"n":125,"text":"The present general comment has benefited from the lived experiences and meaningful contributions of children, gathered through five regional workshops held as part of the consultation process."}],"section":["V. Individuals and groups in particularly vulnerable situations","Children"]},{"id":"e-c-12-gc-27-0079","docId":"e-c-12-gc-27","idx":79,"n":79,"text":"79. States Parties must adopt environmental measures that are child-sensitive, in the best interests of the child,[[fn:126]] and grounded in science and international standards. Children must be adequately protected from toxic substances, pollution and other environmental harms, in line with their right to the highest attainable standard of health. Long-term risk assessments must consider the specific impacts of environmental degradation on children. Children’s right to be heard and to participate must be respected throughout all relevant processes. States Parties should also recognize and protect child rights defenders, and establish safe and effective mechanisms for their participation in environmental and climate action.[[fn:127]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":126,"text":"Committee on the Rights of the Child, general comment No. 26 (2023), para. 16."},{"n":127,"text":"Inter-American Commission on Human Rights, resolution No. 3/2021, para. 29."}],"section":["V. Individuals and groups in particularly vulnerable situations","Children"]},{"id":"e-c-12-gc-27-0080","docId":"e-c-12-gc-27","idx":80,"n":80,"text":"80. Indigenous Peoples are among the most affected by climate change, deforestation, pollution and biodiversity loss, particularly in relation to their livelihoods, health and cultural identity. Environmental harm can result in the loss of both tangible and intangible cultural heritage, leading to a profound erosion of identity, traditional knowledge, cultural practices, and connection to ancestral homelands.[[fn:128]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":128,"text":"Intergovernmental Panel on Climate Change, Climate Change 2023: Synthesis Report, Contribution of Working Groups I, II and III to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change, p. 51."}],"section":["V. Individuals and groups in particularly vulnerable situations","Indigenous Peoples"]},{"id":"e-c-12-gc-27-0081","docId":"e-c-12-gc-27","idx":81,"n":81,"text":"81. The deep relationship between Indigenous Peoples and their ancestral lands forms the foundation of their cultural, spiritual and social identity, and provides for their basic needs and livelihoods. Through this relationship, they have developed, in many contexts, systems of knowledge, governance and stewardship that promote living in harmony with nature and contribute to conserving biodiversity and ecosystems. These contributions are essential to the realization of sustainable development and environmental protection.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["V. Individuals and groups in particularly vulnerable situations","Indigenous Peoples"]},{"id":"e-c-12-gc-27-0082","docId":"e-c-12-gc-27","idx":82,"n":82,"text":"82. States Parties must recognize the inalienable rights of Indigenous Peoples to their ancestral lands and territories and their natural resources, and must fully respect their right to free, prior and informed consent in all matters affecting their rights.[[fn:129]] As part of their human rights due diligence, States Parties must ensure that environmental measures – including those related to climate change mitigation and adaptation, and biodiversity offsets – do not result in land-, forest- or water-grabbing in Indigenous territories or otherwise undermine Indigenous Peoples’ rights.","labels":["Indigenous peoples","Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":129,"text":"J.T. et al. v. Finland, para. 14.6."}],"section":["V. Individuals and groups in particularly vulnerable situations","Indigenous Peoples"]},{"id":"e-c-12-gc-27-0083","docId":"e-c-12-gc-27","idx":83,"n":83,"text":"83. Peasants, pastoralists and other people living in rural areas, including small-scale farmers and fishers, are severely affected by climate change, pollution and biodiversity loss. These environmental crises alter water availability, vegetation patterns and seasonal cycles, drive sea-level rise, desertification and land-use change, and disrupt agriculture, fishing and traditional livelihoods. Extreme weather events and environmental degradation reduce biodiversity, undermine traditional seed and breeding systems, and deplete aquatic resources through warming and pollution. Together, these impacts threaten rural communities’ right to food, to an adequate standard of living and to their cultural identity. States Parties must protect them from these adverse impacts.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["V. Individuals and groups in particularly vulnerable situations","Peasants, pastoralists, fishers and other people living in rural areas"]},{"id":"e-c-12-gc-27-0084","docId":"e-c-12-gc-27","idx":84,"n":84,"text":"84. Recognizing the crucial contribution of peasants, pastoralists and other people in rural areas to the sustainable use and management of natural resources and ecosystems, States Parties must protect and promote their traditional knowledge, innovations and practices,[[fn:130]] and ensure their rights to secure tenure of and equitable access to land and other natural resources critical for their livelihoods.[[fn:131]] States Parties must also guarantee their meaningful participation in the design, implementation and monitoring of environmental measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":130,"text":"General comment No. 25 (2020), para. 39."},{"n":131,"text":"General comment No. 26, paras. 18 and 19; and United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, arts. 17 and 19."}],"section":["V. Individuals and groups in particularly vulnerable situations","Peasants, pastoralists, fishers and other people living in rural areas"]},{"id":"e-c-12-gc-27-0085","docId":"e-c-12-gc-27","idx":85,"n":85,"text":"85. Special measures are required for the most marginalized in rural areas, such as landless peasants, agricultural labourers, fisherfolk and rural women, who often face systemic discrimination in accessing land and other natural resources, including water, seeds, forests and aquatic ecosystems.[[fn:132]] Pastoralism remains a sustainable livelihood that can support biodiversity and fragile dryland and high-altitude ecosystems, but is increasingly affected by changing vegetation zones, heat and drought. Adaptation policies must include support for pastoralist communities. States Parties must also respect and, as far as possible, protect the customary rights of fishing communities to seas, rivers, lakes and aquatic resources, while promoting alternative income-generating opportunities.[[fn:133]]","labels":["Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":132,"text":"United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, art. 17."},{"n":133,"text":"FAO, Voluntary guidelines for securing sustainable small-scale fisheries in the context of food security and poverty eradication, para. 7.10."}],"section":["V. Individuals and groups in particularly vulnerable situations","Peasants, pastoralists, fishers and other people living in rural areas"]},{"id":"e-c-12-gc-27-0086","docId":"e-c-12-gc-27","idx":86,"n":86,"text":"86. States Parties must prevent climate-induced displacement, by strengthening mitigation, adaptation and disaster risk reduction measures. Where relocation or resettlement is unavoidable to protect life and health, it must be treated as a last resort, and be carried out in full accordance with international human rights standards and through meaningful consultation with affected communities.[[fn:134]] Displaced persons must have equal access to Covenant rights, including food, water and sanitation, housing, healthcare, education, livelihoods and cultural life. The minimum core obligations under the Covenant apply equally to displaced persons. For those displaced across borders due to climate change, States Parties must uphold the principle of non-refoulement and provide legal protection.[[fn:135]] In line with the principle of common but differentiated responsibilities, States Parties must cooperate internationally to mobilize resources for supporting displaced persons, including through climate-related loss and damage mechanisms.[[fn:136]]","labels":["Persons affected by natural disasters","Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":134,"text":"A/HRC/56/47, paras. 13–15; and A/79/317, para. 87 (b)."},{"n":135,"text":"A/HRC/53/34, paras. 68 and 69; and Teitiota v. New Zealand (CCPR/C/127/D/2728/2016), para. 9.11."},{"n":136,"text":"A/HRC/56/47, para. 35."}],"section":["V. Individuals and groups in particularly vulnerable situations","Persons displaced in the context of climate change and natural disasters"]},{"id":"e-c-12-gc-27-0087","docId":"e-c-12-gc-27","idx":87,"n":87,"text":"87. Respecting, protecting and fulfilling Covenant rights requires States Parties to prevent, mitigate and redress harm resulting from climate change, pollution and biodiversity loss. A State’s failure to take appropriate action to protect the climate system from greenhouse gas emissions may constitute an internationally wrongful act attributable to the State.[[fn:137]] Where Covenant rights are violated due to environmental degradation, States Parties must ensure access to timely, affordable and effective judicial and non-judicial remedies,[[fn:138]] providing victims with access to reparation, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.[[fn:139]] States Parties should also enable collective legal standing and access to justice, where appropriate, including for those who act in the interests of future generations – such as youth representatives, guardians ad litem, and public interest organizations – and adopt flexible criteria for evidentiary rules to avoid procedural barriers for victims.[[fn:140]]","labels":["Persons affected by natural disasters","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":137,"text":"International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, para. 427."},{"n":138,"text":"General comment No. 24, para. 41."},{"n":139,"text":"Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law; A/77/226, para. 26; and International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, paras. 445 and 456."},{"n":140,"text":"Inter-American Court of Human Rights, advisory opinion OC-32/25, para. 554."}],"section":["VI. Remedies and accountability"]},{"id":"e-c-12-gc-27-0088","docId":"e-c-12-gc-27","idx":88,"n":88,"text":"88. States Parties are also obliged to prevent and redress infringements of Covenant rights resulting from environmental harm caused by business entities and other non-State actors subject to their jurisdiction or control, including those operating abroad.[[fn:141]] States Parties, particularly the home States of the actors responsible, must take appropriate measures to ensure access to effective redress mechanisms for victims of transboundary harm, especially where such remedies are unavailable or ineffective in the States where the harm occurs.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":141,"text":"The Guiding Principles on Business and Human Rights require access to effective remedies for human rights abuses by business entities, including for abuses linked to environmental harms. See A/HRC/17/31, annex, paras. 25–31."}],"section":["VI. Remedies and accountability"]},{"id":"e-c-12-gc-27-0089","docId":"e-c-12-gc-27","idx":89,"n":89,"text":"89. States Parties must cooperate in good faith to address adverse impacts of environmental degradation, including economic and non-economic loss and damage, as part of their obligation to ensure reparation for harm caused. This includes contributing adequate resources for mechanisms such as the climate-related loss and damage fund, and ensuring that affected individuals and communities have equitable access to effective remedies and redress.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["VI. Remedies and accountability"]},{"id":"e-c-12-gc-27-0090","docId":"e-c-12-gc-27","idx":90,"n":90,"text":"90. States Parties must also ensure that accountability, monitoring and investigation mechanisms are effective in preventing and addressing any unintended adverse effects of laws and policies related to climate change, biodiversity loss and pollution, particularly for individuals or groups in disadvantaged or marginalized situations. National human rights institutions, ombudspersons and similar bodies should be empowered to address violations of Covenant rights and oversee compliance in this area. Monitoring processes should be inclusive and participatory, and supported by qualitative insights and disaggregated quantitative data.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["VI. Remedies and accountability"]},{"id":"e-1991-23-0001","docId":"e-1991-23","idx":1,"n":1,"text":"Article 2 is of particular importance to a full understanding of the Covenant and must be seen as having a dynamic relationship with all of the other provisions of the Covenant. It describes the nature of the general legal obligations undertaken by States parties to the Covenant. Those obligations include both what may be termed (following the work of the International Law Commission) obligations of conduct and obligations of result. While great emphasis has sometimes been placed on the difference between the formulations used in this provision and that contained in the equivalent article 2 of the International Covenant on Civil and Political Rights, it is not always recognized that there are also significant similarities. In particular, while the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes various obligations which are of immediate effect. Of these, two are of particular importance in understanding the precise nature of States parties obligations. One of these, which is dealt with in a separate general comment, and which is to be considered by the Committee at its sixth session, is the “undertaking to guarantee” that relevant rights “will be exercised without discrimination ...”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"e-1991-23-0002","docId":"e-1991-23","idx":2,"n":2,"text":"The other is the undertaking in article 2 (1) “to take steps”, which in itself, is not qualified or limited by other considerations. The full meaning of the phrase can also be gauged by noting some of the different language versions. In English the undertaking is “to take steps”, in French it is “to act” (“s’engage à agir”) and in Spanish it is “to adopt measures” (“a adoptar medidas”). Thus while the full realization of the relevant rights may be achieved progressively, steps towards that goal must be taken within a reasonably short time after the Covenant’s entry into force for the States concerned. Such steps should be deliberate, concrete and targeted as clearly as possible towards meeting the obligations recognized in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-1991-23-0003","docId":"e-1991-23","idx":3,"n":3,"text":"The means which should be used in order to satisfy the obligation to take steps are stated in article 2 (1) to be “all appropriate means, including particularly the adoption of legislative measures”. The Committee recognizes that in many instances legislation is highly desirable and in some cases may even be indispensable. For example, it may be difficult to combat discrimination effectively in the absence of a sound legislative foundation for the necessary measures. In fields such as health, the protection of children and mothers, and education, as well as in respect of the matters dealt with in articles 6 to 9, legislation may also be an indispensable element for many purposes.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-1991-23-0004","docId":"e-1991-23","idx":4,"n":4,"text":"The Committee notes that States parties have generally been conscientious in detailing at least some of the legislative measures that they have taken in this regard. It wishes to emphasize, however, that the adoption of legislative measures, as specifically foreseen by the Covenant, is by no means exhaustive of the obligations of States parties. Rather, the phrase “by all appropriate means” must be given its full and natural meaning. While each State party must decide for itself which means are the most appropriate under the circumstances with respect to each of the rights, the “appropriateness” of the means chosen will not always be self‑evident. It is therefore desirable that States parties’ reports should indicate not only the measures that have been taken but also the basis on which they are considered to be the most “appropriate” under the circumstances. However, the ultimate determination as to whether all appropriate measures have been taken remains one for the Committee to make.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1991-23-0005","docId":"e-1991-23","idx":5,"n":5,"text":"Among the measures which might be considered appropriate, in addition to legislation, is the provision of judicial remedies with respect to rights which may, in accordance with the national legal system, be considered justiciable. The Committee notes, for example, that the enjoyment of the rights recognized, without discrimination, will often be appropriately promoted, in part, through the provision of judicial or other effective remedies. Indeed, those States parties which are also parties to the International Covenant on Civil and Political Rights are already obligated (by virtue of arts. 2 (paras. 1 and 3), 3 and 26) of that Covenant to ensure that any person whose rights or freedoms (including the right to equality and non‑discrimination) recognized in that Covenant are violated, “shall have an effective remedy” (art. 2 (3) (a)). In addition, there are a number of other provisions in the International Covenant on Economic, Social and Cultural Rights, including articles 3, 7 (a) (i), 8, 10 (3), 13 (2) (a), (3) and (4) and 15 (3) which would seem to be capable of immediate application by judicial and other organs in many national legal systems. Any suggestion that the provisions indicated are inherently non‑self‑executing would seem to be difficult to sustain.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"article":"2","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text says 'arts. 2 (paras. 1 and 3), 3 and 26) of that Covenant' where 'that Covenant' refers to 'the International Covenant on Civil and Political Rights' — explicit override from regex_default_treaty=ICESCR."},{"article":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text cites 'arts. 2 (paras. 1 and 3), 3 and 26) of that Covenant' referring to ICCPR. ICCPR art. 3 is equal rights of men and women."},{"article":"7","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'there are a number of other provisions in the International Covenant on Economic, Social and Cultural Rights, including articles 3, 7 (a) (i), 8, 10 (3), 13 …' — regex_default_treaty=ICESCR; confirmed by explicit reference to ICESCR. Article 7 is just and favourable conditions of work."},{"article":"2","treaty":"ICCPR","rationale":"second occurrence \"(art. 2 (3) (a))\" — same \"that Covenant\"=ICCPR antecedent as the first (C1+A-LOW verdict)","source":"opus-audit"},{"article":"26","treaty":"ICCPR","rationale":"\"arts. 2 (paras. 1 and 3), 3 and 26) of that Covenant\" — ICCPR art 26; uncited before (A-LOW verdict)","source":"opus-audit"}]},{"id":"e-1991-23-0006","docId":"e-1991-23","idx":6,"n":6,"text":"Where specific policies aimed directly at the realization of the rights recognized in the Covenant have been adopted in legislative form, the Committee would wish to be informed, inter alia, as to whether such laws create any right of action on behalf of individuals or groups who feel that their rights are not being fully realized. In cases where constitutional recognition has been accorded to specific economic, social and cultural rights, or where the provisions of the Covenant have been incorporated directly into national law, the Committee would wish to receive information as to the extent to which these rights are considered to be justiciable (i.e. able to be invoked before the courts). The Committee would also wish to receive specific information as to any instances in which existing constitutional provisions relating to economic, social and cultural rights have been weakened or significantly changed.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1991-23-0007","docId":"e-1991-23","idx":7,"n":7,"text":"Other measures which may also be considered “appropriate” for the purposes of article 2 (1) include, but are not limited to, administrative, financial, educational and social measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-1991-23-0008","docId":"e-1991-23","idx":8,"n":8,"text":"The Committee notes that the undertaking “to take steps ... by all appropriate means including particularly the adoption of legislative measures” neither requires nor precludes any particular form of government or economic system being used as the vehicle for the steps in question, provided only that it is democratic and that all human rights are thereby respected. Thus, in terms of political and economic systems the Covenant is neutral and its principles cannot accurately be described as being predicated exclusively upon the need for, or the desirability of a socialist or a capitalist system, or a mixed, centrally planned, or laisser ‑faire economy, or upon any other particular approach. In this regard, the Committee reaffirms that the rights recognized in the Covenant are susceptible of realization within the context of a wide variety of economic and political systems, provided only that the interdependence and indivisibility of the two sets of human rights, as affirmed inter alia in the preamble to the Covenant, is recognized and reflected in the system in question. The Committee also notes the relevance in this regard of other human rights and in particular the right to development.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1991-23-0009","docId":"e-1991-23","idx":9,"n":9,"text":"The principal obligation of result reflected in article 2 (1) is to take steps “with a view to achieving progressively the full realization of the rights recognized” in the Covenant. The term “progressive realization” is often used to describe the intent of this phrase. The concept of progressive realization constitutes a recognition of the fact that full realization of all economic, social and cultural rights will generally not be able to be achieved in a short period of time. In this sense the obligation differs significantly from that contained in article 2 of the International Covenant on Civil and Political Rights which embodies an immediate obligation to respect and ensure all of the relevant rights. Nevertheless, the fact that realization over time, or in other words progressively, is foreseen under the Covenant should not be misinterpreted as depriving the obligation of all meaningful content. It is on the one hand a necessary flexibility device, reflecting the realities of the real world and the difficulties involved for any country in ensuring full realization of economic, social and cultural rights. On the other hand, the phrase must be read in the light of the overall objective, indeed the raison d’être, of the Covenant which is to establish clear obligations for States parties in respect of the full realization of the rights in question. It thus imposes an obligation to move as expeditiously and effectively as possible towards that goal. Moreover, any deliberately retrogressive measures in that regard would require the most careful consideration and would need to be fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the maximum available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"e-1991-23-0010","docId":"e-1991-23","idx":10,"n":10,"text":"On the basis of the extensive experience gained by the Committee, as well as by the body that preceded it, over a period of more than a decade of examining States parties’ reports the Committee is of the view that a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights is incumbent upon every State party. Thus, for example, a State party in which any significant number of individuals is deprived of essential foodstuffs, of essential primary health care, of basic shelter and housing, or of the most basic forms of education is, prima facie, failing to discharge its obligations under the Covenant. If the Covenant were to be read in such a way as not to establish such a minimum core obligation, it would be largely deprived of its raison d’être. By the same token, it must be noted that any assessment as to whether a State has discharged its minimum core obligation must also take account of resource constraints applying within the country concerned. Article 2 (1) obligates each State party to take the necessary steps “to the maximum of its available resources”. In order for a State party to be able to attribute its failure to meet at least its minimum core obligations to a lack of available resources it must demonstrate that every effort has been made to use all resources that are at its disposition in an effort to satisfy, as a matter of priority, those minimum obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-1991-23-0011","docId":"e-1991-23","idx":11,"n":11,"text":"The Committee wishes to emphasize, however, that even where the available resources are demonstrably inadequate, the obligation remains for a State party to strive to ensure the widest possible enjoyment of the relevant rights under the prevailing circumstances. Moreover, the obligations to monitor the extent of the realization, or more especially of the non‑realization, of economic, social and cultural rights, and to devise strategies and programmes for their promotion, are not in any way eliminated as a result of resource constraints. The Committee has already dealt with these issues in its General Comment 1 (1989).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1991-23-0012","docId":"e-1991-23","idx":12,"n":12,"text":"Similarly, the Committee underlines the fact that even in times of severe resources constraints whether caused by a process of adjustment, of economic recession, or by other factors the vulnerable members of society can and indeed must be protected by the adoption of relatively low‑cost targeted programmes. In support of this approach the Committee takes note of the analysis prepared by UNICEF entitled “Adjustment with a human face: protecting the vulnerable and promoting growth, the analysis by UNDP in its Human Development Report 1990 and the analysis by the World Bank in the World Development Report 1990.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1991-23-0013","docId":"e-1991-23","idx":13,"n":13,"text":"A final element of article 2 (1), to which attention must be drawn, is that the undertaking given by all States parties is “to take steps, individually and through international assistance and cooperation, especially economic and technical ...”. The Committee notes that the phrase “to the maximum of its available resources” was intended by the drafters of the Covenant to refer to both the resources existing within a State and those available from the international community through international cooperation and assistance. Moreover, the essential role of such cooperation in facilitating the full realization of the relevant rights is further underlined by the specific provisions contained in articles 11, 15, 22 and 23. With respect to article 22 the Committee has already drawn attention, in General Comment 2 (1990), to some of the opportunities and responsibilities that exist in relation to international cooperation. Article 23 also specifically identifies “the furnishing of technical assistance” as well as other activities, as being among the means of “international action for the achievement of the rights recognized ...”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-1991-23-0014","docId":"e-1991-23","idx":14,"n":14,"text":"The Committee wishes to emphasize that in accordance with Articles 55 and 56 of the Charter of the United Nations, with well‑established principles of international law, and with the provisions of the Covenant itself, international cooperation for development and thus for the realization of economic, social and cultural rights is an obligation of all States. It is particularly incumbent upon those States which are in a position to assist others in this regard. The Committee notes in particular the importance of the Declaration on the Right to Development adopted by the General Assembly in its resolution 41/128 of 4 December 1986 and the need for States parties to take full account of all of the principles recognized therein. It emphasizes that, in the absence of an active programme of international assistance and cooperation on the part of all those States that are in a position to undertake one, the full realization of economic, social and cultural rights will remain an unfulfilled aspiration in many countries. In this respect, the Committee also recalls the terms of its General Comment 2 (1990).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"article":"55","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly reads 'Articles 55 and 56 of the Charter of the United Nations' — UN Charter, not ICESCR."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly reads 'Articles 55 and 56 of the Charter of the United Nations' — UN Charter, not ICESCR."}]},{"id":"e-1992-23-0001","docId":"e-1992-23","idx":1,"n":1,"text":"Pursuant to article 11 (1) of the Covenant, States parties “recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions”. The human right to adequate housing, which is thus derived from the right to an adequate standard of living, is of central importance for the enjoyment of all economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1992-23-0002","docId":"e-1992-23","idx":2,"n":2,"text":"The Committee has been able to accumulate a large amount of information pertaining to this right. Since 1979, the Committee and its predecessors have examined 75 reports dealing with the right to adequate housing.[[fn:3]] The Committee has also devoted a day of general discussion to the issue at each of its third (see E/1989/22, para. 312) and fourth sessions (E/1990/23, paras. 281-285). In addition, the Committee has taken careful note of information generated by the International Year of Shelter for the Homeless (1987) including the Global Strategy for Shelter to the Year 2000 adopted by the General Assembly in its resolution 42/191 of 11 December 1987.[[fn:1]] [1] The Committee has also reviewed relevant reports and other documentation of the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities.[[fn:2]] [2]","labels":["Persons in street situations"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"footnotes":[{"n":1,"text":"Official Records of the General Assembly, Forty-third Session, Supplement No. 8, addendum (A/43/8/Add.1)."},{"n":2,"text":"Commission on Human Rights resolutions 1986/36 and 1987/22; reports by Mr. Danilo Türk, Special Rapporteur of the Sub-Commission (E/CN.4/Sub.2/1990/19, paras. 108-120; E/CN.4/Sub.2/1991/17, paras. 137-139); see also Sub-Commission resolution 1991/26."},{"n":3,"text":"See, for example, article 25 (1) of the Universal Declaration of Human Rights, article 5 (e) (iii) of the International Convention on the Elimination of All Forms of Racial Discrimination, article 14 (2) of the Convention on the Elimination of All Forms of Discrimination against Women, article 27 (3) of the Convention on the Rights of the Child, article 10 of the Declaration on Social Progress and Development, section III (8) of the Vancouver Declaration on Human Settlements, 1976 (Report of Habitat: United Nations Conference on Human Settlements (United Nations publication, Sales No. E.76.IV.7 and corrigendum, chap. I), article 8 (1) of the Declaration on the Right to Development and the ILO Recommendation Concerning Workers’ Housing, 1961 (No. 115))."}]},{"id":"e-1992-23-0003","docId":"e-1992-23","idx":3,"n":3,"text":"Although a wide variety of international instruments address the different dimensions of the right to adequate housing3 article 11 (1) of the Covenant is the most comprehensive and perhaps the most important of the relevant provisions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1992-23-0004","docId":"e-1992-23","idx":4,"n":4,"text":"Despite the fact that the international community has frequently reaffirmed the importance of full respect for the right to adequate housing, there remains a disturbingly large gap between the standards set in article 11 (1) of the Covenant and the situation prevailing in many parts of the world. While the problems are often particularly acute in some developing countries which confront major resource and other constraints, the Committee observes that significant problems of homelessness and inadequate housing also exist in some of the most economically developed societies. The United Nations estimates that there are over 100 million persons homeless worldwide and over 1 billion inadequately housed.[[fn:4]] There is no indication that this number is decreasing. It seems clear that no State party is free of significant problems of one kind or another in relation to the right to housing.","labels":["Persons in street situations"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"footnotes":[{"n":4,"text":"See note 1.","isCrossRef":true,"referencesNote":1,"resolvedText":"Official Records of the General Assembly, Forty-third Session, Supplement No. 8, addendum (A/43/8/Add.1)."}],"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1992-23-0005","docId":"e-1992-23","idx":5,"n":5,"text":"In some instances, the reports of States parties examined by the Committee have acknowledged and described difficulties in ensuring the right to adequate housing. For the most part, however, the information provided has been insufficient to enable the Committee to obtain an adequate picture of the situation prevailing in the State concerned. This general comment thus aims to identify some of the principal issues which the Committee considers to be important in relation to this right.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0006","docId":"e-1992-23","idx":6,"n":6,"text":"The right to adequate housing applies to everyone. While the reference to “himself and his family” reflects assumptions as to gender roles and economic activity patterns commonly accepted in 1966 when the Covenant was adopted, the phrase cannot be read today as implying any limitations upon the applicability of the right to individuals or to female-headed households or other such groups. Thus, the concept of “family” must be understood in a wide sense. Further, individuals, as well as families, are entitled to adequate housing regardless of age, economic status, group or other affiliation or status and other such factors. In particular, enjoyment of this right must, in accordance with article 2 (2) of the Covenant, not be subject to any form of discrimination.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"}]},{"id":"e-1992-23-0007","docId":"e-1992-23","idx":7,"n":7,"text":"In the Committee’s view, the right to housing should not be interpreted in a narrow or restrictive sense which equates it with, for example, the shelter provided by merely having a roof over one’s head or views shelter exclusively as a commodity. Rather it should be seen as the right to live somewhere in security, peace and dignity. This is appropriate for at least two reasons. In the first place, the right to housing is integrally linked to other human rights and to the fundamental principles upon which the Covenant is premised. This “the inherent dignity of the human person” from which the rights in the Covenant are said to derive requires that the term “housing” be interpreted so as to take account of a variety of other considerations, most importantly that the right to housing should be ensured to all persons irrespective of income or access to economic resources. Secondly, the reference in article 11 (1) must be read as referring not just to housing but to adequate housing. As both the Commission on Human Settlements and the Global Strategy for Shelter to the Year 2000 have stated: “Adequate shelter means ... adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1992-23-0008","docId":"e-1992-23","idx":8,"n":8,"text":"Thus the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in determining whether particular forms of shelter can be considered to constitute “adequate housing” for the purposes of the Covenant. While adequacy is determined in part by social, economic, cultural, climatic, ecological and other factors, the Committee believes that it is nevertheless possible to identify certain aspects of the right that must be taken into account for this purpose in any particular context. They include the following: (a) Legal security of tenure. Tenure takes a variety of forms, including rental (public and private) accommodation, cooperative housing, lease, owner-occupation, emergency housing and informal settlements, including occupation of land or property. Notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups; (b) Availability of services, materials, facilities and infrastructure. An adequate house must contain certain facilities essential for health, security, comfort and nutrition. All beneficiaries of the right to adequate housing should have sustainable access to natural and common resources, safe drinking water, energy for cooking, heating and lighting, sanitation and washing facilities, means of food storage, refuse disposal, site drainage and emergency services; (c) Affordability. Personal or household financial costs associated with housing should be at such a level that the attainment and satisfaction of other basic needs are not threatened or compromised. Steps should be taken by States parties to ensure that the percentage of housing-related costs is, in general, commensurate with income levels. States parties should establish housing subsidies for those unable to obtain affordable housing, as well as forms and levels of housing finance which adequately reflect housing needs. In accordance with the principle of affordability, tenants should be protected by appropriate means against unreasonable rent levels or rent increases. In societies where natural materials constitute the chief sources of building materials for housing, steps should be taken by States parties to ensure the availability of such materials; (d) Habitability. Adequate housing must be habitable, in terms of providing the inhabitants with adequate space and protecting them from cold, damp, heat, rain, wind or other threats to health, structural hazards, and disease vectors. The physical safety of occupants must be guaranteed as well. The Committee encourages States parties to comprehensively apply the Health Principles of Housing[[fn:5]] [5] prepared by WHO which view housing as the environmental factor most frequently associated with conditions for disease in epidemiological analyses; i.e. inadequate and deficient housing and living conditions are invariably associated with higher mortality and morbidity rates; (e) Accessibility. Adequate housing must be accessible to those entitled to it. Disadvantaged groups must be accorded full and sustainable access to adequate housing resources. Thus, such disadvantaged groups as the elderly, children, the physically disabled, the terminally ill, HIV-positive individuals, persons with persistent medical problems, the mentally ill, victims of natural disasters, people living in disaster-prone areas and other groups should be ensured some degree of priority consideration in the housing sphere. Both housing law and policy should take fully into account the special housing needs of these groups. Within many States parties increasing access to land by landless or impoverished segments of the society should constitute a central policy goal. Discernible governmental obligations need to be developed aiming to substantiate the right of all to a secure place to live in peace and dignity, including access to land as an entitlement; (f) Location. Adequate housing must be in a location which allows access to employment options, health-care services, schools, childcare centres and other social facilities. This is true both in large cities and in rural areas where the temporal and financial costs of getting to and from the place of work can place excessive demands upon the budgets of poor households. Similarly, housing should not be built on polluted sites nor in immediate proximity to pollution sources that threaten the right to health of the inhabitants; (g) Cultural adequacy. The way housing is constructed, the building materials used and the policies supporting these must appropriately enable the expression of cultural identity and diversity of housing. Activities geared towards development or modernization in the housing sphere should ensure that the cultural dimensions of housing are not sacrificed, and that, inter alia, modern technological facilities, as appropriate are also ensured.","labels":["Persons living with HIV/AIDS","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"footnotes":[{"n":5,"text":"Geneva, World Health Organization, 1990."}]},{"id":"e-1992-23-0009","docId":"e-1992-23","idx":9,"n":9,"text":"As noted above, the right to adequate housing cannot be viewed in isolation from other human rights contained in the two International Covenants and other applicable international instruments. Reference has already been made in this regard to the concept of human dignity and the principle of non-discrimination. In addition, the full enjoyment of other rights - such as the right to freedom of expression, the right to freedom of association (such as for tenants and other community-based groups), the right to freedom of residence and the right to participate in public decision-making - is indispensable if the right to adequate housing is to be realized and maintained by all groups in society. Similarly, the right not to be subjected to arbitrary or unlawful interference with one’s privacy, family, home or correspondence constitutes a very important dimension in defining the right to adequate housing.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0010","docId":"e-1992-23","idx":10,"n":10,"text":"Regardless of the state of development of any country, there are certain steps which must be taken immediately. As recognized in the Global Strategy for Shelter and in other international analyses, many of the measures required to promote the right to housing would only require the abstention by the Government from certain practices and a commitment to facilitating “self-help” by affected groups. To the extent that any such steps are considered to be beyond the maximum resources available to a State party, it is appropriate that a request be made as soon as possiblefor international cooperation in accordance with articles 11 (1), 22 and 23 of the Covenant, and that the Committee be informed thereof.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-1992-23-0011","docId":"e-1992-23","idx":11,"n":11,"text":"States parties must give due priority to those social groups living in unfavourable conditions by giving them particular consideration. Policies and legislation should correspondingly not be designed to benefit already advantaged social groups at the expense of others. The Committee is aware that external factors can affect the right to a continuous improvement of living conditions, and that in many States parties overall living conditions declined during the 1980s. However, as noted by the Committee in its general comment No. 2 (1990) (E/1990/23, annex III), despite externally caused problems, the obligations under the Covenant continue to apply and are perhaps even more pertinent during times of economic contraction. It would thus appear to the Committee that a general decline in living and housing conditions, directly attributable to policy and legislative decisions by States parties, and in the absence of accompanying compensatory measures, would be inconsistent with the obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0012","docId":"e-1992-23","idx":12,"n":12,"text":"While the most appropriate means of achieving the full realization of the right to adequate housing will inevitably vary significantly from one State party to another, the Covenant clearly requires that each State party take whatever steps are necessary for that purpose. This will almost invariably require the adoption of a national housing strategy which, as stated in paragraph 32 of the Global Strategy for Shelter, “defines the objectives for the development of shelter conditions, identifies the resources available to meet these goals and the most cost-effective way of using them and sets out the responsibilities and time frame for the implementation of the necessary measures”. Both for reasons of relevance and effectiveness, as well as in order to ensure respect for other human rights, such a strategy should reflect extensive genuine consultation with, and participation by, all of those affected, including the homeless, the inadequately housed and their representatives. Furthermore, steps should be taken to ensure coordination between ministries and regional and local authorities in order to reconcile related policies (economics, agriculture, environment, energy, etc.) with the obligations under article 11 of the Covenant.","labels":["Persons in street situations"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-1992-23-0013","docId":"e-1992-23","idx":13,"n":13,"text":"Effective monitoring of the situation with respect to housing is another obligation of immediate effect. For a State party to satisfy its obligations under article 11 (1) it must demonstrate, inter alia, that it has taken whatever steps are necessary, either alone or on the basis of international cooperation, to ascertain the full extent of homelessness and inadequate housing within its jurisdiction. In this regard, the revised general guidelines regarding the form and contents of reports adopted by the Committee (E/C.12/1991/1) emphasize the need to “provide detailed information about those groups within ... society that are vulnerable and disadvantaged with regard to housing”. They include, in particular, homeless persons and families, those inadequately housed and without ready access to basic amenities, those living in “illegal” settlements, those subject to forced evictions and low-income groups.","labels":["Persons in street situations","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1992-23-0014","docId":"e-1992-23","idx":14,"n":14,"text":"Measures designed to satisfy a State party’s obligations in respect of the right to adequate housing may reflect whatever mix of public and private sector measures considered appropriate. While in some States public financing of housing might mostusefully be spent on direct construction of new housing, in most cases, experience has shown the inability of Governments to fully satisfy housing deficits with publicly built housing. The promotion by States parties of “enabling strategies”, combined with a full commitment to obligations under the right to adequate housing, should thusw be encouraged. In essence, the obligation is to demonstrate that, in aggregate, the measures being taken are sufficient to realize the right for every individual in the shortest possible time in accordance with the maximum of available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0015","docId":"e-1992-23","idx":15,"n":15,"text":"Many of the measures that will be required will involve resource allocations and policy initiatives of a general kind. Nevertheless, the role of formal legislative and administrative measures should not be underestimated in this context. The Global Strategy for Shelter (paras. 6-67) has drawn attention to the types of measures that might be taken in this regard and to their importance.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0016","docId":"e-1992-23","idx":16,"n":16,"text":"In some States, the right to adequate housing is constitutionally entrenched. In such cases the Committee is particularly interested in learning of the legal and practical significance of such an approach. Details of specific cases and of other ways in which entrenchment has proved helpful should thus be provided.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0017","docId":"e-1992-23","idx":17,"n":17,"text":"The Committee views many component elements of the right to adequate housing as being at least consistent with the provision of domestic legal remedies. Depending on the legal system, such areas might include, but are not limited to: (a) legal appeals aimed at preventing planned evictions or demolitions through the issuance of court-ordered injunctions; (b) legal procedures seeking compensation following an illegal eviction; (c) complaints against illegal actions carried out or supported by landlords (whether public or private) in relation to rent levels, dwelling maintenance, and racial or other forms of discrimination; (d) allegations of any form of discrimination in the allocation and availability of access to housing; and (e) complaints against landlords concerning unhealthy or inadequate housing conditions. In some legal systems it would also be appropriate to explore the possibility of facilitating class action suits in situations involving significantly increased levels of homelessness.","labels":["Persons in street situations"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0018","docId":"e-1992-23","idx":18,"n":18,"text":"In this regard, the Committee considers that instances of forced eviction are prima facie incompatible with the requirements of the Covenant and can only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0019","docId":"e-1992-23","idx":19,"n":19,"text":"Finally, article 11 (1) concludes with the obligation of States parties to recognize “the essential importance of international cooperation based on free consent”. Traditionally, less than 5 per cent of all international assistance has been directed towards housing or human settlements, and often the manner by which such funding is provided does little to address the housing needs of disadvantaged groups. States parties, both recipients and providers, should ensure that a substantial proportion of financing is devoted to creating conditions leading to a higher number of persons being adequately housed. International financial institutions promoting measures of structural adjustment should ensure that such measures do not compromise the enjoyment of the right to adequate housing. States parties should,when contemplating international financial cooperation, seek to indicate areas relevant to the right to adequate housing where external financing would have the most effect. Such requests should take full account of the needs and views of the affected groups.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1995-22-0001","docId":"e-1995-22","idx":1,"n":1,"text":"The central importance of the International Covenant on Economic, Social and Cultural Rights in relation to the human rights of persons with disabilities has frequently been underlined by the international community.[[fn:1]] Thus a 1992 review by the Secretary-General of the implementation of the World Programme of Action concerning Disabled Persons and the United Nations Decade of Disabled Persons concluded that “disability is closely linked to economic and social factors” and that “conditions of living in large parts of the world are so desperate that the provision of basic needs for all - food, water, shelter, health protection and education - must form the cornerstone of national programmes”.[[fn:2]] Even in countries which have a relatively high standard of living, persons with disabilities are very often denied the opportunity to enjoy the full range of economic, social and cultural rights recognized in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":1,"text":"For a comprehensive review of the question, see the final report prepared by Mr. Leandro Despouy, Special Rapporteur, on human rights and disability (E/CN.4/Sub.2/1991/31)."},{"n":2,"text":"See A/47/415, paragraph 5."}],"section":["H. Article 15:  The right to take part in cultural life","and enjoy the benefits of scientific progress"]},{"id":"e-1995-22-0002","docId":"e-1995-22","idx":2,"n":2,"text":"The Committee on Economic, Social and Cultural Rights, and the working group which preceded it, have been explicitly called upon by both the General Assembly3[[fn:3]] and the Commission on Human Rights4[[fn:4]] to monitor the compliance of States parties to the Covenant with their obligation to ensure the full enjoyment of the relevant rights by persons with disabilities.[[fn:23]] The Committee’s experience to date, however, indicates that States parties have devoted very little attention to this issue in their reports. This appears to be consistent with the Secretary-General’s conclusion that “most Governments still lack decisive concerted measures that would effectively improve the situation” of persons with disabilities.[[fn:5]] It is therefore appropriate to review, and emphasize, some of the ways in which issues concerning persons with disabilities arise in connection with the obligations contained in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":3,"text":"See paragraph 165 of the World Programme of Action concerning Disabled Persons, adopted by the General Assembly by its resolution 37/52 of 3 December 1982 (para. 1)."},{"n":4,"text":"See Commission on Human Rights resolutions 1992/48, paragraph 4 and 1993/29, paragraph 7."},{"n":5,"text":"See A/47/415, paragraph 6."},{"n":23,"text":"See also Recommendation No. 99 (1955) concerning vocational rehabilitation of the disabled, and Recommendation No. 168 (1983) concerning vocational rehabilitation and employment of persons with disabilities."}],"section":["H. Article 15:  The right to take part in cultural life","and enjoy the benefits of scientific progress"]},{"id":"e-1995-22-0003","docId":"e-1995-22","idx":3,"n":3,"text":"There is still no internationally accepted definition of the term “disability”. For present purposes, however, it is sufficient to rely on the approach adopted in the Standard Rules of 1993, which state: “The term ‘disability’ summarizes a great number of different functional limitations occurring in any population ... People may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature.”[[fn:6]]6","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":6,"text":"Standard Rules on the Equalization of Opportunities for Persons with Disabilities, annexed to General Assembly resolution 48/96 of 20 December 1993 (Introduction, para. 17)."}]},{"id":"e-1995-22-0004","docId":"e-1995-22","idx":4,"n":4,"text":"In accordance with the approach adopted in the Standard Rules, this general comment uses the term “persons with disabilities” rather than the older term “disabled persons”. It has been suggested that the latter term might be misinterpreted to imply that the ability of the individual to function as a person has been disabled.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994},{"id":"e-1995-22-0005","docId":"e-1995-22","idx":5,"n":5,"text":"The Covenant does not refer explicitly to persons with disabilities. Nevertheless, the Universal Declaration of Human Rights recognizes that all human beings are born free and equal in dignity and rights and, since the Covenant’s provisions apply fully to all members of society, persons with disabilities are clearly entitled to the full range of rights recognized in the Covenant. In addition, insofar as special treatment is necessary, States parties are required to take appropriate measures, to the maximum extent of their available resources, to enable such persons to seek to overcome any disadvantages, in terms of the enjoyment of the rights specified in the Covenant, flowing from their disability. Moreover, the requirement contained in article 2 (2) of the Covenant that the rights “enunciated ... will be exercised without discrimination of any kind” based on certain specified grounds “or other status” clearly applies to discrimination on the grounds of disability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"citedArticles":[{"article":"2","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly reads 'article 2 (2) of the Covenant' in a CESCR general comment; 'the Covenant' unambiguously refers to ICESCR."}]},{"id":"e-1995-22-0006","docId":"e-1995-22","idx":6,"n":6,"text":"The absence of an explicit, disability-related provision in the Covenant can be attributed to the lack of awareness of the importance of addressing this issue explicitly, rather than only by implication, at the time of the drafting of the Covenant over a quarter of a century ago. More recent international human rights instruments have, however, addressed the issue specifically. They include the Convention on the Rights of the Child (art. 23); the African Charter on Human and Peoples’ Rights (art. 18 (4)); and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (art. 18). Thus it is now very widely accepted that the human rights of persons with disabilities must be protected and promoted through general, as well as specially designed, laws, policies and programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"citedArticles":[{"article":"23","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text explicitly reads 'the Convention on the Rights of the Child (art. 23)' — CRC article 23 on children with disabilities."},{"article":"18","paragraph":"4","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly reads 'the African Charter on Human and Peoples' Rights (art. 18 (4))' — regional instrument, not in enumerated list."},{"article":"18","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly reads 'the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (art. 18)' — Protocol of San Salvador, a regional instrument."}]},{"id":"e-1995-22-0007","docId":"e-1995-22","idx":7,"n":7,"text":"In accordance with this approach, the international community has affirmed its commitment to ensuring the full range of human rights for persons with disabilities in the following instruments: (a) the World Programme of Action concerning Disabled Persons, which provides a policy framework aimed at promoting “effective measures for prevention of disability, rehabilitation and the realization of the goals of ‘full participation’ of [persons with disabilities] in social life and development, and of ‘equality’”;[[fn:7]]7 (b) the Guidelines for the Establishment and Development of National Coordinating Committees on Disability or Similar Bodies, adopted in 1990;[[fn:8]]8 (c) the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care,[[fn:20]] adopted in 1991;[[fn:9]]9 (d) the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (hereinafter referred to as the “Standard Rules”), adopted in 1993, the purpose of which is to ensure that all persons with disabilities “may exercise the same rights and obligations as others”.[[fn:10]] The Standard Rules are of major importance and constitute a particularly valuable reference guide in identifying more precisely the relevant obligations of States parties under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":7,"text":"World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 1.","referencesNote":3},{"n":8,"text":"A/C.3/46/4, annex I. Also contained in the Report on the International Meeting on the Roles and Functions of National Coordinating Committees on Disability in Developing Countries, Beijing, 5-11 November 1990 (CSDHA/DDP/NDC/4). See also Economic and Social Council resolution 1991/8 and General Assembly resolution 46/96 of 16 December 1991."},{"n":9,"text":"General Assembly resolution 46/119 of 17 December 1991, annex."},{"n":10,"text":"Standard Rules (see note 6 above), Introduction, paragraph 15.","referencesNote":6},{"n":20,"text":"See note 9 above.","isCrossRef":true,"referencesNote":9,"resolvedText":"General Assembly resolution 46/119 of 17 December 1991, annex."}]},{"id":"e-1995-22-0008","docId":"e-1995-22","idx":8,"n":8,"text":"The United Nations has estimated that there are more than 500 million persons with disabilities in the world today. Of that number, 80 per cent live in rural areas in developing countries. Seventy per cent of the total are estimated to have either limited or no access to the services they need. The challenge of improving the situation of persons with disabilities is thus of direct relevance to every State party to the Covenant. While the means chosen to promote the full realization of the economic, social and cultural rights of this group will inevitably differ significantly from one country to another, there is no country in which a major policy and programme effort is not required.[[fn:11]]11","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":11,"text":"See A/47/415, passim."}],"section":["1.  General obligations of States parties"]},{"id":"e-1995-22-0009","docId":"e-1995-22","idx":9,"n":9,"text":"The obligation of States parties to the Covenant to promote progressive realization of the relevant rights to the maximum of their available resources clearly requires Governments to do much more than merely abstain from taking measures which might have a negative impact on persons with disabilities. The obligation in the case of such a vulnerable and disadvantaged group is to take positive action to reduce structural disadvantages and to give appropriate preferential treatment to people with disabilities in order to achieve the objectives of full participation and equality within society for all persons with disabilities. This almost invariably means that additional resources will need to be made available for this purpose and that a wide range of specially tailored measures will be required.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["1.  General obligations of States parties"]},{"id":"e-1995-22-0010","docId":"e-1995-22","idx":10,"n":10,"text":"According to a report by the Secretary-General, developments over the past decade in both developed and developing countries have been especially unfavourable from the perspective of persons with disabilities: “... current economic and social deterioration, marked by low-growth rates, high unemployment, reduced public expenditure, current structural adjustment programmes and privatization, have negatively affected programmes and services ... If the present negative trends continue, there is the risk that [persons with disabilities] may increasingly be relegated to the margins of society, dependent on ad hoc support.”[[fn:12]] As the Committee has previously observed (general comment No. 3 (Fifth session, 1990), para. 12), the duty of States parties to protect the vulnerable members of their societies assumes greater rather than less importance in times of severe resource constraints.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":12,"text":"Ibid., paragraph 5.","isIbid":true,"resolvedText":"See A/47/415, passim."}],"section":["1.  General obligations of States parties"]},{"id":"e-1995-22-0011","docId":"e-1995-22","idx":11,"n":11,"text":"Given the increasing commitment of Governments around the world to market-based policies, it is appropriate in that context to emphasize certain aspects of States parties’ obligations. One is the need to ensure that not only the public sphere, but also the private sphere, are, within appropriate limits, subject to regulation to ensure the equitable treatment of persons with disabilities. In a context in which arrangements for the provision of public services are increasingly being privatized and in which the free market is being relied on to an ever greater extent, it is essential that private employers, private suppliers of goods and services, and other non-public entities be subject to both non-discrimination and equality norms in relation to persons with disabilities. In circumstances where such protection does not extend beyond the public domain, the ability of persons with disabilities to participate in the mainstream of community activities and to realize their full potential as active members of society will be severely and often arbitrarily constrained. This is not to imply that legislative measures will always be the most effective means of seeking to eliminate discrimination within the private sphere. Thus, for example, the Standard Rules place particular emphasis on the need for States to “take action to raise awareness in society about persons with disabilities, their rights, their needs, their potential and their contribution”.[[fn:13]]13","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":13,"text":"Standard Rules (see note 6 above), Rule 1.","referencesNote":6}],"section":["1.  General obligations of States parties"]},{"id":"e-1995-22-0012","docId":"e-1995-22","idx":12,"n":12,"text":"In the absence of government intervention there will always be instances in which the operation of the free market will produce unsatisfactory results for persons with disabilities, either individually or as a group, and in such circumstances it is incumbent on Governments to step in and take appropriate measures to temper, complement, compensate for, or override the results produced by market forces. Similarly, while it is appropriate for Governments to rely on private, voluntary groups to assist persons with disabilities in various ways, such arrangements can never absolve Governments from their duty to ensure full compliance with their obligations under the Covenant. As the World Programme of Action concerning Disabled Persons states, “the ultimate responsibility for remedying the conditions that lead to impairment and for dealing with the consequences of disability rests with Governments”.[[fn:14]]14","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":14,"text":"World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 3.","referencesNote":3}],"section":["1.  General obligations of States parties"]},{"id":"e-1995-22-0013","docId":"e-1995-22","idx":13,"n":13,"text":"The methods to be used by States parties in seeking to implement their obligations under the Covenant towards persons with disabilities are essentially the same as those available in relation to other obligations (see general comment No. 1 (Third session, 1989)). They include the need to ascertain, through regular monitoring, the nature and scope of the problems existing within the State; the need to adopt appropriately tailored policies and programmes to respond to the requirements thus identified; the need to legislate where necessary and to eliminate any existing discriminatory legislation; and the need to make appropriate budgetary provisions or, where necessary, seek international cooperation and assistance. In the latter respect, international cooperation in accordance with articles 22 and 23 of the Covenant is likely to be a particularly important element in enabling some developing countries to fulfil their obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["2.  Means of implementation"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-1995-22-0014","docId":"e-1995-22","idx":14,"n":14,"text":"In addition, it has been consistently acknowledged by the international community that policy-making and programme implementation in this area should be undertaken on the basis of close consultation with, and involvement of, representative groups of the persons concerned. For this reason, the Standard Rules recommend that everything possible be done to facilitate the establishment of national coordinating committees, or similar bodies, to serve as a national focal point on disability matters. In doing so, Governments should take account of the 1990 Guidelines for the Establishment and Development of National Coordinating Committees on Disability or Similar Bodies.[[fn:15]]15","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":15,"text":"See note 8 above.","isCrossRef":true,"referencesNote":8,"resolvedText":"A/C.3/46/4, annex I. Also contained in the Report on the International Meeting on the Roles and Functions of National Coordinating Committees on Disability in Developing Countries, Beijing, 5-11 November 1990 (CSDHA/DDP/NDC/4). See also Economic and Social Council resolution 1991/8 and General Assembly resolution 46/96 of 16 December 1991."}],"section":["2.  Means of implementation"]},{"id":"e-1995-22-0015","docId":"e-1995-22","idx":15,"n":15,"text":"Both de jure and de facto discrimination against persons with disabilities have a long history and take various forms. They range from invidious discrimination, such as the denial of educational opportunities, to more “subtle” forms of discrimination such as segregation and isolation achieved through the imposition of physical and social barriers. For the purposes of the Covenant, “disability-based discrimination” may be defined as including any distinction, exclusion, restriction or preference, or denial of reasonable accommodation based on disability which has the effect of nullifying or impairing the recognition, enjoyment or exercise of economic, social or cultural rights. Through neglect, ignorance, prejudice and false assumptions, as well as through exclusion, distinction or separation, persons with disabilities have very often been prevented from exercising their economic, social or cultural rights on an equal basis with persons without disabilities. The effects of disability-based discrimination have been particularly severe in the fields of education, employment, housing, transport, cultural life, and access to public places and services.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["3.  The obligation to eliminate discrimination on the grounds of disability"]},{"id":"e-1995-22-0016","docId":"e-1995-22","idx":16,"n":16,"text":"Despite some progress in terms of legislation over the past decade,[[fn:16]]16 the legal situation of persons with disabilities remains precarious. In order to remedy past and present discrimination, and to deter future discrimination, comprehensive anti-discrimination legislation in relation to disability would seem to be indispensable in virtually all States parties. Such legislation should not only provide persons with disabilities with judicial remedies as far as possible and appropriate, but also provide for social policy programmes which enable persons with disabilities to live an integrated, self-determined and independent life.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":16,"text":"See A/47/415, paragraphs 37-38."}],"section":["3.  The obligation to eliminate discrimination on the grounds of disability"]},{"id":"e-1995-22-0017","docId":"e-1995-22","idx":17,"n":17,"text":"Anti-discrimination measures should be based on the principle of equal rights for persons with disabilities and the non-disabled, which, in the words of the World Programme of Action concerning Disabled Persons, “implies that the needs of each and every individual are of equal importance, that these needs must be made the basis for the planning of societies, and that all resources must be employed in such a way as to ensure, for every individual, equal opportunity for participation. Disability policies should ensure the access of [persons with disabilities] to all community services”.[[fn:17]]17","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":17,"text":"World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 25.","referencesNote":3}],"section":["3.  The obligation to eliminate discrimination on the grounds of disability"]},{"id":"e-1995-22-0018","docId":"e-1995-22","idx":18,"n":18,"text":"Because appropriate measures need to be taken to undo existing discrimination and to establish equitable opportunities for persons with disabilities, such actions should not be considered discriminatory in the sense of article 2 (2) of the International Covenant on Economic, Social and Cultural Rights as long as they are based on the principle of equality and are employed only to the extent necessary to achieve that objective.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["3.  The obligation to eliminate discrimination on the grounds of disability"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"}]},{"id":"e-1995-22-0019","docId":"e-1995-22","idx":19,"n":19,"text":"Persons with disabilities are sometimes treated as genderless human beings. As a result, the double discrimination suffered by women with disabilities is often neglected.[[fn:18]] Despite frequent calls by the international community for particular emphasis to be placed upon their situation, very few efforts have been undertaken during the Decade. The neglect of women with disabilities is mentioned several times in the report of the Secretary-General on the implementation of the World Programme of Action.[[fn:19]] The Committee therefore urges States parties to address the situation of women with disabilities, with high priority being given in future to the implementation of economic, social and cultural rights-related programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":18,"text":"See E/CN.4/Sub.2/1991/31 (see note 1 above), paragraph 140.","referencesNote":1},{"n":19,"text":"See A/47/415, paragraphs 35, 46, 74 and 77."}],"section":["A.  Article 3:  Equal rights for men and women"]},{"id":"e-1995-22-0020","docId":"e-1995-22","idx":20,"n":20,"text":"The field of employment is one in which disability-based discrimination has been prominent and persistent. In most countries the unemployment rate among persons with disabilities is two to three times higher than the unemployment rate for persons without disabilities. Where persons with disabilities are employed, they are mostly engaged in low-paid jobs with little social and legal security and are often segregated from the mainstream of the labour market. The integration of persons with disabilities into the regular labour market should be actively supported by States.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"]},{"id":"e-1995-22-0021","docId":"e-1995-22","idx":21,"n":21,"text":"The “right of everyone to the opportunity to gain his living by work which he freely chooses or accepts” (art. 6 (1)) is not realized where the only real opportunity open to disabled workers is to work in so-called “sheltered” facilities under sub-standard conditions. Arrangements whereby persons with a certain category of disability are effectively confined to certain occupations or to the production of certain goods may violate this right. Similarly, in the light of principle 13 (3) of the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care,20 “therapeutical treatment” in institutions which amounts to forced labour is also incompatible with the Covenant. In this regard, the prohibition on forced labour contained in the International Covenant on Civil and Political Rights is also of potential relevance.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"}]},{"id":"e-1995-22-0022","docId":"e-1995-22","idx":22,"n":22,"text":"According to the Standard Rules, persons with disabilities, whether in rural or urban areas, must have equal opportunities for productive and gainful employment in the labour market.[[fn:21]] For this to happen it is particularly important that artificial barriers to integration in general, and to employment in particular, be removed. As the International Labour Organization has noted, it is very often the physical barriers that society has erected in areas such as transport, housing and the workplace which are then cited as the reason why persons with disabilities cannot be employed.[[fn:22]] For example, as long as workplaces are designed and built in ways that make them inaccessible to wheelchairs, employers will be able to “justify” their failure to employ wheelchair users. Governments should also develop policies which promote and regulate flexible and alternative work arrangements that reasonably accommodate the needs of disabled workers.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":21,"text":"Standard Rules (see note 6 above), Rule 7.","referencesNote":6},{"n":22,"text":"See A/CONF.157/PC/61/Add.10, p. 12."}],"section":["B.  Articles 6-8:  Rights relating to work"]},{"id":"e-1995-22-0023","docId":"e-1995-22","idx":23,"n":23,"text":"Similarly, the failure of Governments to ensure that modes of transportation are accessible to persons with disabilities greatly reduces the chances of such persons finding suitable, integrated jobs, taking advantage of educational and vocational training, or commuting to facilities of all types. Indeed, the provision of access to appropriate and, where necessary, specially tailored forms of transportation is crucial to the realization by persons with disabilities of virtually all the rights recognized in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"]},{"id":"e-1995-22-0024","docId":"e-1995-22","idx":24,"n":24,"text":"The “technical and vocational guidance and training programmes” required under article 6 (2) of the Covenant should reflect the needs of all persons with disabilities, take place in integrated settings, and be planned and implemented with the full involvement of representatives of persons with disabilities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"6","paragraph":"2","source":"regex"}]},{"id":"e-1995-22-0025","docId":"e-1995-22","idx":25,"n":25,"text":"The right to “the enjoyment of just and favourable conditions of work” (art. 7) applies to all disabled workers, whether they work in sheltered facilities or in the open labour market. Disabled workers may not be discriminated against with respect to wages or other conditions if their work is equal to that of non-disabled workers. States parties have a responsibility to ensure that disability is not used as an excuse for creating low standards of labour protection or for paying below minimum wages.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-1995-22-0026","docId":"e-1995-22","idx":26,"n":26,"text":"Trade union-related rights (art. 8) apply equally to workers with disabilities and regardless of whether they work in special work facilities or in the open labour market. In addition, article 8, read in conjunction with other rights such as the right to freedom of association, serves to emphasize the importance of the right of persons with disabilities to form their own organizations. If these organizations are to be effective in “the promotion and protection of [the] economic and social interests” (art. 8 (1) (a)) of such persons, they should be consulted regularly by government bodies and others in relation to all matters affecting them; it may also be necessary that they be supported financially and otherwise so as to ensure their viability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"8","paragraph":"1","source":"regex"}]},{"id":"e-1995-22-0027","docId":"e-1995-22","idx":27,"n":27,"text":"The International Labour Organization has developed valuable and comprehensive instruments with respect to the work-related rights of persons with disabilities, including in particular Convention No. 159 (1983) concerning vocational rehabilitation and employment of persons with disabilities.23 The Committee encourages States parties to the Covenant to consider ratifying that Convention.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"]},{"id":"e-1995-22-0028","docId":"e-1995-22","idx":28,"n":28,"text":"Social security and income-maintenance schemes are of particular importance for persons with disabilities. As stated in the Standard Rules, “States should ensure the provision of adequate income support to persons with disabilities who, owing to disability or disability-related factors, have temporarily lost or received a reduction in their income or have been denied employment opportunities”.[[fn:24]] Such support should reflect the special needs for assistance and other expenses often associated with disability. In addition, as far as possible, the support provided should also cover individuals (who are overwhelmingly female) who undertake the care of a person with disabilities. Such persons, including members of the families of persons with disabilities, are often in urgent need of financial support because of their assistance role.[[fn:25]]25","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":24,"text":"Standard Rules (see note 6 above), Rule 8, paragraph 1.","referencesNote":6},{"n":25,"text":"See A/47/415, paragraph 78."}],"section":["C.  Article 9:  Social security"]},{"id":"e-1995-22-0029","docId":"e-1995-22","idx":29,"n":29,"text":"Institutionalization of persons with disabilities, unless rendered necessary for other reasons, cannot be regarded as an adequate substitute for the social security and income-support rights of such persons.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["C.  Article 9:  Social security"]},{"id":"e-1995-22-0030","docId":"e-1995-22","idx":30,"n":30,"text":"In the case of persons with disabilities, the Covenant’s requirement that “protection and assistance” be rendered to the family means that everything possible should be done to enable such persons, when they so wish, to live with their families. Article 10 also implies, subject to the general principles of international human rights law, the right of persons with disabilities to marry and have their own family. These rights are frequently ignored or denied, especially in the case of persons with mental disabilities.[[fn:26]] In this and other contexts, the term “family” should be interpreted broadly and in accordance with appropriate local usage. States parties should ensure that laws and social policies and practices do not impede the realization of these rights. Persons with disabilities should have access to necessary counselling services in order to fulfil their rights and duties within the family.[[fn:27]]27","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":26,"text":"See E/CN.4/Sub.2/1991/31 (see note 1 above), paragraphs 190 and 193.","referencesNote":1},{"n":27,"text":"See the World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 74.","referencesNote":3}],"section":["D.  Article 10:  Protection of the family and of mothers and children"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-1995-22-0031","docId":"e-1995-22","idx":31,"n":31,"text":"Women with disabilities also have the right to protection and support in relation to motherhood and pregnancy. As the Standard Rules state, “persons with disabilities must not be denied the opportunity to experience their sexuality, have sexual relationships and experience parenthood”.[[fn:28]] The needs and desires in question should be recognized and addressed in both the recreational and the procreational contexts. These rights are commonly denied to both men and women with disabilities worldwide.[[fn:29]] Both the sterilization of, and the performance of an abortion on, a woman with disabilities without her prior informed consent are serious violations of article 10 (2).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":28,"text":"Standard Rules (see note 6 above), Rule 9, paragraph 2.","referencesNote":6},{"n":29,"text":"See E/CN.6/1991/2, paragraphs 14 and 59-68."}],"section":["D.  Article 10:  Protection of the family and of mothers and children"],"citedArticles":[{"treaty":"ICESCR","article":"10","paragraph":"2","source":"regex"}]},{"id":"e-1995-22-0032","docId":"e-1995-22","idx":32,"n":32,"text":"Children with disabilities are especially vulnerable to exploitation, abuse and neglect and are, in accordance with article 10 (3) of the Covenant (reinforced by the corresponding provisions of the Convention on the Rights of the Child), entitled to special protection.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["D.  Article 10:  Protection of the family and of mothers and children"],"citedArticles":[{"treaty":"CRC","article":"10","paragraph":"3","source":"regex"}]},{"id":"e-1995-22-0033","docId":"e-1995-22","idx":33,"n":33,"text":"In addition to the need to ensure that persons with disabilities have access to adequate food, accessible housing and other basic material needs, it is also necessary to ensure that “support services, including assistive devices” are available “for persons with disabilities, to assist them to increase their level of independence in their daily living and to exercise their rights”.[[fn:30]] The right to adequate clothing also assumes a special significance in the context of persons with disabilities who have particular clothing needs, so as to enable them to function fully and effectively in society. Wherever possible, appropriate personal assistance should also be provided in this connection. Such assistance should be undertaken in a manner and spirit which fully respect the human rights of the person(s) concerned. Similarly, as already noted by the Committee in paragraph 8 of general comment No. 4 (Sixth session, 1991), the right to adequate housing includes the right to accessible housing for persons with disabilities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":30,"text":"Standard Rules (see note 6 above), Rule 4.","referencesNote":6}],"section":["E.  Article 11:  The right to an adequate standard of living"]},{"id":"e-1995-22-0034","docId":"e-1995-22","idx":34,"n":34,"text":"According to the Standard Rules, “States should ensure that persons with disabilities, particularly infants and children, are provided with the same level of medical care within the same system as other members of society”.[[fn:31]] The right to physical and mental health also implies the right to have access to, and to benefit from, those medical and social services - including orthopaedic devices - which enable persons with disabilities to become independent, prevent further disabilities and support their social integration.[[fn:32]] Similarly, such persons should be provided with rehabilitation services which would enable them “to reach and sustain their optimum level of independence and functioning”.[[fn:33]] All such services should be provided in such a way that the persons concerned are able to maintain full respect for their rights and dignity.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":31,"text":"Ibid., Rule 2, paragraph 3.","isIbid":true,"resolvedText":"Standard Rules (see note 6 above), Rule 4."},{"n":32,"text":"See the Declaration on the Rights of Disabled Persons (General Assembly resolution 3447 (XXX) of 9 December 1975), paragraph 6; and the World Programme of Action concerning Disabled Persons (see note 3 above), paragraphs 95-107.","referencesNote":3},{"n":33,"text":"Standard Rules (see note 6 above), Rule 3.","referencesNote":6}],"section":["F.  Article 12:  The right to physical and mental health"]},{"id":"e-1995-22-0035","docId":"e-1995-22","idx":35,"n":35,"text":"School programmes in many countries today recognize that persons with disabilities can best be educated within the general education system.[[fn:34]] Thus the Standard Rules provide that “States should recognize the principle of equal primary, secondary and tertiary educational opportunities for children, youth and adults with disabilities, in integrated settings”.[[fn:35]] In order to implement such an approach, States should ensure that teachers are trained to educate children with disabilities within regular schools and that the necessary equipment and support are available to bring persons with disabilities up to the same level of education as their non-disabled peers. In the case of deaf children, for example, sign language should be recognized as a separate language to which the children should have access and whose importance should be acknowledged in their overall social environment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":34,"text":"See A/47/415, paragraph 73."},{"n":35,"text":"Standard Rules (see note 6 above), Rule 6.","referencesNote":6}],"section":["G.  Articles 13 and 14:  The right to education"]},{"id":"e-1995-22-0036","docId":"e-1995-22","idx":36,"n":36,"text":"The Standard Rules provide that “States should ensure that persons with disabilities have the opportunity to utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community, be they in urban or rural areas. ... States should promote the accessibility to and availability of places for cultural performances and services ...”.[[fn:36]] The same applies to places for recreation, sports and tourism.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":36,"text":"Ibid., Rule 10, paragraphs 1-2.","isIbid":true,"resolvedText":"Standard Rules (see note 6 above), Rule 6."}],"section":["H. Article 15:  The right to take part in cultural life","and enjoy the benefits of scientific progress"]},{"id":"e-1995-22-0037","docId":"e-1995-22","idx":37,"n":37,"text":"The right to full participation in cultural and recreational life for persons with disabilities further requires that communication barriers be eliminated to the greatest extent possible. Useful measures in this regard might include “the use of talking books, papers written in simple language and with clear format and colours for persons with mental disability, [and] adapted television and theatre for deaf persons”.[[fn:37]]37","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":37,"text":"See A/47/415, paragraph 79. Thirteenth session (1995)* General comment No. 6: The economic, social and cultural rights of older persons 1. Introduction 1. The world population is ageing at a steady, quite spectacular rate. The total number of persons aged 60 and above rose from 200 million in 1950 to 400 million in 1982 and is projected to reach 600 million in the year 2001 and 1.2 billion by the year 2025, at which time over 70 per cent of them will be living in what are today’s developing countries. The number of people aged 80 and above has grown and continues to grow even more dramatically, going from 13 million in 1950 to over 50 million today and projected to increase to 137 million in 2025. This is the fastest growing population group in the world, projected to increase by a factor of 10 between 1950 and 2025, compared with a factor of 6 for the group aged 60 and above and a factor of little more than 3 for the total population.1 2. These figures are illustrations of a quiet revolution, but one which has far-reaching and unpredictable consequences and which is now affecting the social and economic structures of societies both at the world level and at the country level, and will affect them even more in future."}],"section":["H. Article 15:  The right to take part in cultural life","and enjoy the benefits of scientific progress"]},{"id":"e-1995-22-0038","docId":"e-1995-22","idx":38,"n":38,"text":"In order to facilitate the equal participation in cultural life of persons with disabilities, Governments should inform and educate the general public about disability. In particular, measures must be taken to dispel prejudices or superstitious beliefs against persons with disabilities, for example those that view epilepsy as a form of spirit possession or a child with disabilities as a form of punishment visited upon the family. Similarly, the general public should be educated to accept that persons with disabilities have as much right as any other person to make use of restaurants, hotels, recreation centres and cultural venues.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["H. Article 15:  The right to take part in cultural life","and enjoy the benefits of scientific progress"]},{"id":"e-1996-22-0001","docId":"e-1996-22","idx":1,"n":1,"text":"The world population is ageing at a steady, quite spectacular rate. The total number of persons aged 60 and above rose from 200 million in 1950 to 400 million in 1982 and is projected to reach 600 million in the year 2001 and 1.2 billion by the year 2025, at which time over 70 per cent of them will be living in what are today’s developing countries. The number of people aged 80 and above has grown and continues to grow even more dramatically, going from 13 million in 1950 to over 50 million today and projected to increase to 137 million in 2025. This is the fastest growing population group in the world, projected to increase by a factor of 10 between 1950 and 2025, compared with a factor of 6 for the group aged 60 and above and a factor of little more than 3 for the total population.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":1,"text":"Global targets on ageing for the year 2001: a practical strategy. Report of the Secretary-General (A/47/339), paragraph 5."}],"section":["1.  Introduction"]},{"id":"e-1996-22-0002","docId":"e-1996-22","idx":2,"n":2,"text":"These figures are illustrations of a quiet revolution, but one which has far reaching and unpredictable consequences and which is now affecting the social and economic structures of societies both at the world level and at the country level, and will affect them even more in future.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["1.  Introduction"]},{"id":"e-1996-22-0003","docId":"e-1996-22","idx":3,"n":3,"text":"Most of the States parties to the Covenant, and the industrialized countries in particular, are faced with the task of adapting their social and economic policies to the ageing of their populations, especially as regards social security. In the developing countries, the absence or deficiencies of social security coverage are being aggravated by the emigration of the younger members of the population and the consequent weakening of the traditional role of the family, the main support of older people.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["1.  Introduction"]},{"id":"e-1996-22-0004","docId":"e-1996-22","idx":4,"n":4,"text":"In 1982 the World Assembly on Ageing adopted the Vienna International Plan of Action on Ageing. This important document was endorsed by the General Assembly and is a very useful guide, for it details the measures that should be taken by Member States to safeguard the rights of older persons within the context of the rights proclaimed by the International Covenants on Human Rights. It contains 62 recommendations, many of which are of direct relevance to the Covenant.[[fn:2]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":2,"text":"Report of the World Assembly on Ageing, Vienna, 26 July-6 August 1982; (United Nations publication, Sales No. E.82.I.16)."}],"section":["2.  Internationally endorsed policies in relation to older persons"]},{"id":"e-1996-22-0005","docId":"e-1996-22","idx":5,"n":5,"text":"In 1991 the General Assembly adopted the United Nations Principles for Older Persons which, because of their programmatic nature, is also an important document in the present context.[[fn:3]] It is divided into five sections which correlate closely to the rights recognized in the Covenant. “Independence” includes access to adequate food, water, shelter, clothing and health care. To these basic rights are added the opportunity to remunerated work and access to education and training. By “participation” is meant that older persons should participate actively in the formulation and implementation of policies that affect their well being and share their knowledge and skills with younger generations, and should be able to form movements and associations. The section headed “Care” proclaims that older persons should benefit from family care, health care and be able to enjoy human rights and fundamental freedoms when residing in a shelter, care or treatment facility. With regard to “self fulfilment”, the principles that older persons should pursue opportunities for the full development of their potential through access to the educational, cultural, spiritual and recreational resources of their societies. Lastly, the section entitled “dignity” states that older persons should be able to live in dignity and security and be free of exploitation and physical or mental abuse, should be treated fairly, regardless of age, gender, racial or ethnic background, disability, financial situation or any other status, and be valued independently of their economic contribution.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":3,"text":"General Assembly resolution 46/91 of 16 December 1991, “Implementation of the International Plan of Action on Ageing and related activities”, annex."}],"section":["2.  Internationally endorsed policies in relation to older persons"]},{"id":"e-1996-22-0006","docId":"e-1996-22","idx":6,"n":6,"text":"In 1992, the General Assembly adopted eight global targets on ageing for the year 2001 and a brief guide for setting national targets. In a number of important respects, these global targets serve to reinforce the obligations of States parties to the Covenant.[[fn:4]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":4,"text":"Global targets on ageing for the year 2001: a practical strategy (A/47/339), chapters III and IV."}],"section":["2.  Internationally endorsed policies in relation to older persons"]},{"id":"e-1996-22-0007","docId":"e-1996-22","idx":7,"n":7,"text":"Also in 1992, and in commemoration of the tenth anniversary of the adoption of the Vienna International Plan of Action by the Conference on Ageing, the General Assembly adopted the Proclamation on Ageing in which it urged support of national initiatives on ageing so that older women are given adequate support for their largely unrecognized contributions to society and older men are encouraged to develop social, cultural and emotional capacities which they may have been prevented from developing during breadwinning years; families are supported in providing care and all family members encouraged to cooperate in care giving; and that international cooperation is expanded in the context of the strategies for reaching the global targets on ageing for the year 2001. It also proclaimed the year 1999 as the International Year of Older Persons in recognition of humanity’s demographic “coming of age”.[[fn:5]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":5,"text":"General Assembly resolution 47/5 of 16 October 1992, “Proclamation on Ageing”."}],"section":["2.  Internationally endorsed policies in relation to older persons"]},{"id":"e-1996-22-0008","docId":"e-1996-22","idx":8,"n":8,"text":"The United Nations specialized agencies, especially the International Labour Organization, have also given attention to the problem of ageing in their respective fields of competence.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["2.  Internationally endorsed policies in relation to older persons"]},{"id":"e-1996-22-0009","docId":"e-1996-22","idx":9,"n":9,"text":"The terminology used to describe older persons varies considerably, even in international documents. It includes: “older persons”, “the aged”, “the elderly”, “the third age”, “the ageing”, and, to denote persons more than 80 years of age, “the fourth age”. The Committee opted for “older persons” (in French, personnes âgées; in Spanish, personas mayores), the term employed in General Assembly resolutions 47/5 and 48/98. According to the practice in the United Nations statistical services, these terms cover persons aged 60 and above (Eurostat, the statistical service of the European Union, considers “older persons” to mean persons aged 65 or above, since 65 is the most common age of retirement and the trend is towards later retirement still).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"]},{"id":"e-1996-22-0010","docId":"e-1996-22","idx":10,"n":10,"text":"The International Covenant on Economic, Social and Cultural Rights does not contain any explicit reference to the rights of older persons, although article 9 dealing with “the right of everyone to social security, including social insurance”, implicitly recognizes the right to old age benefits. Nevertheless, in view of the fact that the Covenant’s provisions apply fully to all members of society, it is clear that older persons are entitled to enjoy the full range of rights recognized in the Covenant. This approach is also fully reflected in the Vienna International Plan of Action on Ageing. Moreover, insofar as respect for the rights of older persons requires special measures to be taken, States parties are required by the Covenant to do so to the maximum of their available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0011","docId":"e-1996-22","idx":11,"n":11,"text":"Another important issue is whether discrimination on the basis of age is prohibited by the Covenant. Neither the Covenant nor the Universal Declaration of Human Rights refers explicitly to age as one of the prohibited grounds. Rather than being seen as an intentional exclusion, this omission is probably best explained by the fact that, when these instruments were adopted, the problem of demographic ageing was not as evident or as pressing as it is now.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"]},{"id":"e-1996-22-0012","docId":"e-1996-22","idx":12,"n":12,"text":"This is not determinative of the matter, however, since the prohibition of discrimination on the grounds of “other status” could be interpreted as applying to age. The Committee notes that while it may not yet be possible to conclude that discrimination on the grounds of age is comprehensively prohibited by the Covenant, the range of matters in relation to which such discrimination can be accepted is very limited. Moreover, it must be emphasized that the unacceptableness of discrimination against older persons is underlined in many international policy documents and is confirmed in the legislation of the vast majority of States. In the few areas in which discrimination continues to be tolerated, such as in relation to mandatory retirement ages or access to tertiary education, there is a clear trend towards the elimination of such barriers. The Committee is of the view that States parties should seek to expedite this trend to the greatest extent possible.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"]},{"id":"e-1996-22-0013","docId":"e-1996-22","idx":13,"n":13,"text":"Accordingly, the Committee on Economic, Social and Cultural Rights is of the view that States parties to the Covenant are obligated to pay particular attention to promoting and protecting the economic, social and cultural rights of older persons. The Committee’s own role in this regard is rendered all the more important by the fact that, unlike the case of other population groups such as women and children, no comprehensive international convention yet exists in relation to the rights of older persons and no binding supervisory arrangements attach to the various sets of United Nations principles in this area.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"]},{"id":"e-1996-22-0014","docId":"e-1996-22","idx":14,"n":14,"text":"By the end of its thirteenth session, the Committee and, before that, its predecessor, the Sessional Working Group of Governmental Experts, had examined 144 initial reports, 70 second periodic reports and 20 initial and periodic global reports on articles 1 to 15. This examination made it possible to identify many of the problems that may be encountered in implementing the Covenant in a considerable number of States parties that represent all the regions of the world and have different political, socio economic and cultural systems. The reports examined to date have not provided any information in a systematic way on the situation of older persons with regard to compliance with the Covenant, apart from information, of varying completeness, on the implementation of article 9 relating to the right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"],"citedArticles":[{"treaty":"ICESCR","article":"1","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0015","docId":"e-1996-22","idx":15,"n":15,"text":"In 1993, the Committee devoted a day of general discussion to this issue in order to plan its future activity in this area. Moreover, it has, at recent sessions, begun to attach substantially more importance to information on the rights of older persons and its questioning has elicited some very valuable information in some instances. Nevertheless, the Committee notes that the great majority of States parties reports continue to make little reference to this important issue. It therefore wishes to indicate that, in future, it will insist that the situation of older persons in relation to each of the rights recognized in the Covenant should be adequately addressed in all reports. The remainder of this general comment identifies the specific issues which are relevant in this regard.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"]},{"id":"e-1996-22-0016","docId":"e-1996-22","idx":16,"n":16,"text":"Older persons as a group are as heterogeneous and varied as the rest of the population and their situation depends on a country’s economic and social situation, on demographic, environmental, cultural and employment factors and, at the individual level, on the family situation, the level of education, the urban or rural environment and the occupation of workers and retirees.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["4.  General obligations of States parties"]},{"id":"e-1996-22-0017","docId":"e-1996-22","idx":17,"n":17,"text":"Side by side with older persons who are in good health and whose financial situation is acceptable, there are many who do not have adequate means of support, even in developed countries, and who feature prominently among the most vulnerable, marginal and unprotected groups. In times of recession and of restructuring of the economy, older persons are particularly at risk. As the Committee has previously stressed (General Comment No. 3 (1990), para. 12), even in times of severe resource constraints, States parties have the duty to protect the vulnerable members of society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["4.  General obligations of States parties"]},{"id":"e-1996-22-0018","docId":"e-1996-22","idx":18,"n":18,"text":"The methods that States parties use to fulfil the obligations they have assumed under the Covenant in respect of older persons will be basically the same as those for the fulfilment of other obligations (see General Comment No. 1 (1989)). They include the need to determine the nature and scope of problems within a State through regular monitoring, the need to adopt properly designed policies and programmes to meet requirements, the need to enact legislation when necessary and to eliminate any discriminatory legislation and the need to ensure the relevant budget support or, as appropriate, to request international cooperation. In the latter connection, international cooperation in accordance with articles 22 and 23 of the Covenant may be a particularly important way of enabling some developing countries to fulfil their obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["4.  General obligations of States parties"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-1996-22-0019","docId":"e-1996-22","idx":19,"n":19,"text":"In this context, attention may be drawn to Global target No. 1, adopted by the General Assembly in 1992, which calls for the establishment of national support infrastructures to promote policies and programmes on ageing in national and international development plans and programmes. In this regard, the Committee notes that one of the United Nations Principles for Older Persons which Governments were encouraged to incorporate into their national programmes is that older persons should be able to form movements or associations of older persons.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["4.  General obligations of States parties"]},{"id":"e-1996-22-0020","docId":"e-1996-22","idx":20,"n":20,"text":"In accordance with article 3 of the Covenant, by which States parties undertake “to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights”, the Committee considers that States parties should pay particular attention to older women who, because they have spent all or part of their lives caring for their families without engaging in a remunerated activity entitling them to an old age pension, and who are also not entitled to a widow’s pension, are often in critical situations.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 3:  Equal rights of men and women"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-1996-22-0021","docId":"e-1996-22","idx":21,"n":21,"text":"To deal with such situations and comply fully with article 9 of the Covenant and paragraph 2 (h) of the Proclamation on Ageing, States parties should institute non contributory old age benefits or other assistance for all persons, regardless of their sex, who find themselves without resources on attaining an age specified in national legislation. Given their greater life expectancy and the fact that it is more often they who have no contributory pensions, women would be the principal beneficiaries.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 3:  Equal rights of men and women"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0022","docId":"e-1996-22","idx":22,"n":22,"text":"Article 6 of the Covenant requires States parties to take appropriate steps to safeguard the right of everyone to the opportunity to gain a living by work which is freely chosen or accepted. In this regard, the Committee, bearing in mind that older workers who have not reached retirement age often encounter problems in finding and keeping jobs, stresses the need for measures to prevent discrimination on grounds of age in employment and occupation.[[fn:6]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":6,"text":"See ILO Recommendation 162 (1980) concerning Older Workers, paragraphs 3-10."}],"section":["Articles 6 to 8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-1996-22-0023","docId":"e-1996-22","idx":23,"n":23,"text":"The right “to the enjoyment of just and favourable conditions of work” (Covenant, art. 7) is of special importance for ensuring that older workers enjoy safe working conditions until their retirement. In particular, it is desirable, to employ older workers in circumstances in which the best use can be made of their experience and know how.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 6 to 8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-1996-22-0024","docId":"e-1996-22","idx":24,"n":24,"text":"In the years preceding retirement, retirement preparation programmes should be implemented, with the participation of representative organizations of employers and workers and other bodies concerned, to prepare older workers to cope with their new situation. Such programmes should, in particular, provide older workers with information about: their rights and obligations as pensioners; the opportunities and conditions for continuing an occupational activity or undertaking voluntary work; means of combating detrimental effects of ageing; facilities for adult education and cultural activities, and the use of leisure time.[[fn:8]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":8,"text":"Ibid., paragraph 30.","isIbid":true,"resolvedText":"See ILO Recommendation 162 (1980) concerning Older Workers, paragraphs 3-10."}],"section":["Articles 6 to 8:  Rights relating to work"]},{"id":"e-1996-22-0025","docId":"e-1996-22","idx":25,"n":25,"text":"The rights protected by article 8 of the Covenant, namely, trade union rights, including after retirement age, must be applied to older workers.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 6 to 8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"8","source":"regex"}]},{"id":"e-1996-22-0026","docId":"e-1996-22","idx":26,"n":26,"text":"Article 9 of the Covenant provides generally that States parties “recognize the right of everyone to social security”, without specifying the type or level of protection to be guaranteed. However, the term “social security” implicitly covers all the risks involved in the loss of means of subsistence for reasons beyond a person’s control.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 9:  Right to social security"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0027","docId":"e-1996-22","idx":27,"n":27,"text":"In accordance with article 9 of the Covenant and the provisions concerning implementation of the ILO social security conventions Convention No. 102 concerning Social Security (Minimum Standards) (1952) and Convention No. 128 concerning Invalidity, Old Age and Survivors’ Benefits (1967) States parties must take appropriate measures to establish general regimes of compulsory old age insurance, starting at a particular age, to be prescribed by national law.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 9:  Right to social security"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0028","docId":"e-1996-22","idx":28,"n":28,"text":"In keeping with the recommendations contained in the two ILO Conventions mentioned above and Recommendation No. 162, the Committee invites States parties to establish retirement age so that it is flexible, depending on the occupations performed and the working ability of elderly persons, with due regard to demographic, economic and social factors.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 9:  Right to social security"]},{"id":"e-1996-22-0029","docId":"e-1996-22","idx":29,"n":29,"text":"In order to give effect to the provisions of article 9 of the Covenant, States parties must guarantee the provision of survivors’ and orphans’ benefits on the death of the breadwinner who was covered by social security or receiving a pension.","labels":["Children in alternative care"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 9:  Right to social security"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0030","docId":"e-1996-22","idx":30,"n":30,"text":"Furthermore, as already observed in paragraphs 20 and 21, in order fully to implement the provisions of article 9 of the Covenant, States parties should, within the limits of available resources, provide non contributory old age benefits and other assistance for all older persons, who, when reaching the age prescribed in national legislation, have not completed a qualifying period of contribution and are not entitled to an old age pension or other social security benefit or assistance and have no other source of income.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 9:  Right to social security"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0031","docId":"e-1996-22","idx":31,"n":31,"text":"On the basis of article 10, paragraph 1, of the Covenant and recommendations 25 and 29 of the Vienna International Plan of Action on Ageing, States parties should make all the necessary efforts to support, protect and strengthen the family and help it, in accordance with each society’s system of cultural values, to respond to the needs of its dependent ageing members. Recommendation 29 encourages Governments and non governmental organizations to establish social services to support the whole family when there are elderly people at home and to implement measures especially for low income families who wish to keep elderly people at home. This assistance should also be provided for persons living alone or elderly couples wishing to remain at home.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 10:  Protection of the family"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-1996-22-0032","docId":"e-1996-22","idx":32,"n":32,"text":"Of the United Nations Principles for Older Persons, principle 1, which stands at the beginning of the section relating to the independence of older persons, provides that: “Older persons should have access to adequate food, water, shelter, clothing and health care through the provision of income, family and community support and self help”. The Committee attaches great importance to this principle, which demands for older persons the rights contained in article 11 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 11:  Right to an adequate standard of living"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-1996-22-0033","docId":"e-1996-22","idx":33,"n":33,"text":"Recommendations 19 to 24 of the Vienna International Plan of Action on Ageing emphasize that housing for the elderly must be viewed as more than mere shelter and that, in addition to the physical, it has psychological and social significance which should be taken into account. Accordingly, national policies should help elderly persons to continue to live in their own homes as long as possible, through the restoration, development and improvement of homes and their adaptation to the ability of those persons to gain access to and use them (recommendation 19). Recommendation 20 stresses the need for urban rebuilding and development planning and law to pay special attention to the problems of the ageing, assisting in securing their social integration, while recommendation 22 draws attention to the need to take account of the functional capacity of the elderly in order to provide them with a better living environment and facilitate mobility and communication through the provision of adequate means of transport.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 11:  Right to an adequate standard of living"]},{"id":"e-1996-22-0034","docId":"e-1996-22","idx":34,"n":34,"text":"With a view to the realization of the right of elderly persons to the enjoyment of a satisfactory standard of physical and mental health, in accordance with article 12, paragraph 1, of the Covenant, States parties should take account of the content of recommendations 1 to 17 of the Vienna International Plan of Action on Ageing, which focus entirely on providing guidelines on health policy to preserve the health of the elderly and take a comprehensive view, ranging from prevention and rehabilitation to the care of the terminally ill.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 12:  Right to physical and mental health"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-1996-22-0035","docId":"e-1996-22","idx":35,"n":35,"text":"Clearly, the growing number of chronic, degenerative diseases and the high hospitalization costs they involve cannot be dealt with only by curative treatment. In this regard, States parties should bear in mind that maintaining health into old age requires investments during the entire life span, basically through the adoption of healthy lifestyles (food, exercise, elimination of tobacco and alcohol, etc.). Prevention, through regular checks suited to the needs of the elderly, plays a decisive role, as does rehabilitation, by maintaining the functional capacities of elderly persons, with a resulting decrease in the cost of investments in health care and social services.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 12:  Right to physical and mental health"]},{"id":"e-1996-22-0036","docId":"e-1996-22","idx":36,"n":36,"text":"Article 13, paragraph 1, of the Covenant recognizes the right of everyone to education. In the case of the elderly, this right must be approached from two different and complementary points of view: (a) the right of elderly persons to benefit from educational programmes; and (b) making the know how and experience of elderly persons available to younger generations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-1996-22-0037","docId":"e-1996-22","idx":37,"n":37,"text":"With regard to the former, States parties should take account of: (a) the recommendations in principle 16 of the United Nations Principles for Older Persons to the effect that older persons should have access to suitable education programmes and training and should, therefore, on the basis of their preparation, abilities and motivation, be given access to the various levels of education through the adoption of appropriate measures regarding literacy training, life long education, access to university, etc.; and (b) recommendation 47 of the Vienna International Plan of Action on Ageing, which, in accordance with the concept of life long education promulgated by the United Nations Educational, Scientific and Cultural Organization (UNESCO), recommends informal, community based and recreation oriented programmes for the elderly in order to develop their sense of self reliance and the community’s sense of responsibility. Such programmes should enjoy the support of national Governments and international organizations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"]},{"id":"e-1996-22-0038","docId":"e-1996-22","idx":38,"n":38,"text":"With regard to the use of the know how and experience of older persons, as referred to in the part of the recommendations of the Vienna International Plan of Action on Ageing dealing with education (paras. 74 76), attention is drawn to the important role that elderly and old persons still play in most societies as the transmitters of information, knowledge, traditions and spiritual values and to the fact that this important tradition should not be lost. Consequently, the Committee attaches particular importance to the message contained in recommendation 44 of the Plan: “Educational programmes featuring the elderly as the teachers and transmitters of knowledge, culture and spiritual values should be developed”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"]},{"id":"e-1996-22-0039","docId":"e-1996-22","idx":39,"n":39,"text":"In article 15, paragraphs 1 (a) and (b), of the Covenant, States parties recognize the right of everyone to take part in cultural life and to enjoy the benefits of scientific progress and its applications. In this respect, the Committee urges States parties to take account of the recommendations contained in the United Nations Principles for Older Persons, and in particular of principle 7: “Older persons should remain integrated in society, participate actively in the formulation and implementation of policies that directly affect their well being and share their knowledge and skills with younger generations”; and principle 16: “Older persons should have access to the educational, cultural, spiritual and recreational resources of society”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-1996-22-0040","docId":"e-1996-22","idx":40,"n":40,"text":"Similarly, recommendation 48 of the Vienna International Plan of Action on Ageing encourages Governments and international organizations to support programmes aimed at providing the elderly with easier physical access to cultural institutions (museums, theatres, concert halls, cinemas, etc.).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"]},{"id":"e-1996-22-0041","docId":"e-1996-22","idx":41,"n":41,"text":"Recommendation 50 stresses the need for Governments, non governmental organizations and the ageing themselves to make efforts to overcome negative stereotyped images of older persons as suffering from physical and psychological disabilities, incapable of functioning independently and having neither role nor status in society. These efforts, in which the media and educational institutions should also take part, are essential for achieving a society that champions the full integration of the elderly.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"]},{"id":"e-1996-22-0042","docId":"e-1996-22","idx":42,"n":42,"text":"With regard to the right to enjoy the benefits of scientific progress and its applications, States parties should take account of recommendations 60, 61 and 62 of the Vienna International Plan of Action and make efforts to promote research on the biological, mental and social aspects of ageing and ways of maintaining functional capacities and preventing and delaying the start of chronic illnesses and disabilities. In this connection, it is recommended that States, intergovernmental organizations and non governmental organizations should establish institutions specializing in the teaching of gerontology, geriatrics and geriatric psychology in countries where such institutions do not exist.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"]},{"id":"e-1998-22-0001","docId":"e-1998-22","idx":1,"n":1,"text":"In its General Comment No. 4 (1991), the Committee observed that all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. It concluded that forced evictions are prima facie incompatible with the requirements of the Covenant. Having considered a significant number of reports of forced evictions in recent years, including instances in which it has determined that the obligations of States parties were being violated, the Committee is now in a position to seek to provide further clarification as to the implications of such practices in terms of the obligations contained in the Covenant.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0002","docId":"e-1998-22","idx":2,"n":2,"text":"The international community has long recognized that the issue of forced evictions is a serious one. In 1976, the United Nations Conference on Human Settlements noted that special attention should be paid to \"undertaking major clearance operations should take place only when conservation and rehabilitation are not feasible and relocation measures are made\".[[fn:1]] Agenda 21 stated that \"people should be protected by law against unfair eviction from their homes or land\".[[fn:3]] The Commission on Human Rights has also indicated that \"forced evictions are a gross violation of human rights\".[[fn:5]]","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"footnotes":[{"n":1,"text":"In 1988, in the Global Strategy for Shelter to the Year 2000, adopted by the General Assembly in its resolution 43/181, the \"fundamental obligation [of Governments] to protect and improve houses and neighbourhoods, rather than damage or destroy them\" was recognized."},{"n":3,"text":"In the Habitat Agenda Governments committed themselves to \"protecting all people from, and providing legal protection and redress for, forced evictions that are contrary to the law, taking human rights into consideration; [and] when evictions are unavoidable, ensuring, as appropriate, that alternative suitable solutions are provided\"."},{"n":5,"text":"However, although these statements are important, they leave open one of the most critical issues, namely that of determining the circumstances under which forced evictions are permissible and of spelling out the types of protection required to ensure respect for the relevant provisions of the Covenant."}]},{"id":"e-1998-22-0003","docId":"e-1998-22","idx":3,"n":3,"text":"The use of the term \"forced evictions\" is, in some respects, problematic. This expression seeks to convey a sense of arbitrariness and of illegality. To many observers, however, the reference to \"forced evictions\" is a tautology, while others have criticized the expression \"illegal evictions\" on the ground that it assumes that the relevant law provides adequate protection of the right to housing and conforms with the Covenant, which is by no means always the case. Similarly, it has been suggested that the term \"unfair evictions\" is even more subjective by virtue of its failure to refer to any legal framework at all. The international community, especially in the context of the Commission on Human Rights, has opted to refer to \"forced evictions\", primarily since all suggested alternatives also suffer from many such defects. The term \"forced evictions\" as used throughout this general comment is defined as the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection. The prohibition on forced evictions does not, however, apply to evictions carried out by force in accordance with the law and in conformity with the provisions of the International Covenants on Human Rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0004","docId":"e-1998-22","idx":4,"n":4,"text":"The practice of forced evictions is widespread and affects persons in both developed and developing countries. Owing to the interrelationship and interdependency which exist among all human rights, forced evictions frequently violate other human rights. Thus, while manifestly breaching the rights enshrined in the Covenant, the practice of forced evictions may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non-interference with privacy, family and home and the right to the peaceful enjoyment of possessions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0005","docId":"e-1998-22","idx":5,"n":5,"text":"Although the practice of forced evictions might appear to occur primarily in heavily populated urban areas, it also takes place in connection with forced population transfers, internal displacement, forced relocations in the context of armed conflict, mass exoduses and refugee movements. In all of these contexts, the right to adequate housing and not to be subjected to forced eviction may be violated through a wide range of acts or omissions attributable to States parties. Even in situations where it may be necessary to impose limitations on such a right, full compliance with article 4 of the Covenant is required so that any limitations imposed must be \"determined by law only insofar as this may be compatible with the nature of these [i.e. economic, social and cultural] rights and solely for the purpose of promoting the general welfare in a democratic society\".","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-1998-22-0006","docId":"e-1998-22","idx":6,"n":6,"text":"Many instances of forced eviction are associated with violence, such as evictions resulting from international armed conflicts, internal strife and communal or ethnic violence.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0007","docId":"e-1998-22","idx":7,"n":7,"text":"Other instances of forced eviction occur in the name of development. Evictions may be carried out in connection with conflict over land rights, development and infrastructure projects, such as the construction of dams or other large-scale energy projects, with land acquisition measures associated with urban renewal, housing renovation, city beautification programmes, the clearing of land for agricultural purposes, unbridled speculation in land, or the holding of major sporting events like the Olympic Games.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0008","docId":"e-1998-22","idx":8,"n":8,"text":"In essence, the obligations of States parties to the Covenant in relation to forced evictions are based on article 11.1, read in conjunction with other relevant provisions. In particular, article 2.1 obliges States to use \"all appropriate means\" to promote the right to adequate housing. However, in view of the nature of the practice of forced evictions, the reference in article 2.1 to progressive achievement based on the availability of resources will rarely be relevant. The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions (as defined in paragraph 3 above). Moreover, this approach is reinforced by article 17.1 of the International Covenant on Civil and Political Rights which complements the right not to be forcefully evicted without adequate protection. That provision recognizes, inter alia, the right to be protected against \"arbitrary or unlawful interference\" with one's home. It is to be noted that the State's obligation to ensure respect for that right is not qualified by considerations relating to its available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICCPR","article":"11","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"e-1998-22-0009","docId":"e-1998-22","idx":9,"n":9,"text":"Article 2.1 of the Covenant requires States parties to use \"all appropriate means\", including the adoption of legislative measures, to promote all the rights protected under the Covenant. Although the Committee has indicated in its General Comment No. 3 (1990) that such measures may not be indispensable in relation to all rights, it is clear that legislation against forced evictions is an essential basis upon which to build a system of effective protection. Such legislation should include measures which (a) provide the greatest possible security of tenure to occupiers of houses and land, (b) conform to the Covenant and (c) are designed to control strictly the circumstances under which evictions may be carried out. The legislation must also apply to all agents acting under the authority of the State or who are accountable to it. Moreover, in view of the increasing trend in some States towards the Government greatly reducing its responsibilities in the housing sector, States parties must ensure that legislative and other measures are adequate to prevent and, if appropriate, punish forced evictions carried out, without appropriate safeguards, by private persons or bodies. States parties should therefore review relevant legislation and policies to ensure that they are compatible with the obligations arising from the right to adequate housing and repeal or amend any legislation or policies that are inconsistent with the requirements of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-1998-22-0010","docId":"e-1998-22","idx":10,"n":10,"text":"Women, children, youth, older persons, indigenous people, ethnic and other minorities, and other vulnerable individuals and groups all suffer disproportionately from the practice of forced eviction. Women in all groups are especially vulnerable given the extent of statutory and other forms of discrimination which often apply in relation to property rights (including home ownership) or rights of access to property or accommodation, and their particular vulnerability to acts of violence and sexual abuse when they are rendered homeless. The non-discrimination provisions of articles 2.2 and 3 of the Covenant impose an additional obligation upon Governments to ensure that, where evictions do occur, appropriate measures are taken to ensure that no form of discrimination is involved.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-1998-22-0011","docId":"e-1998-22","idx":11,"n":11,"text":"Whereas some evictions may be justifiable, such as in the case of persistent non-payment of rent or of damage to rented property without any reasonable cause, it is incumbent upon the relevant authorities to ensure that they are carried out in a manner warranted by a law which is compatible with the Covenant and that all the legal recourses and remedies are available to those affected.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0012","docId":"e-1998-22","idx":12,"n":12,"text":"Forced eviction and house demolition as a punitive measure are also inconsistent with the norms of the Covenant. Likewise, the Committee takes note of the obligations enshrined in the Geneva Conventions of 1949 and Protocols thereto of 1977 concerning prohibitions on the displacement of the civilian population and the destruction of private property as these relate to the practice of forced eviction.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0013","docId":"e-1998-22","idx":13,"n":13,"text":"States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to use force. Legal remedies or procedures should be provided to those who are affected by eviction orders. States parties shall also see to it that all the individuals concerned have a right to adequate compensation for any property, both personal and real, which is affected. In this respect, it is pertinent to recall article 2.3 of the International Covenant on Civil and Political Rights, which requires States parties to ensure \"an effective remedy\" for persons whose rights have been violated and the obligation upon the \"competent authorities (to) enforce such remedies when granted\".","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"e-1998-22-0014","docId":"e-1998-22","idx":14,"n":14,"text":"In cases where eviction is considered to be justified, it should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with general principles of reasonableness and proportionality. In this regard it is especially pertinent to recall General Comment 16 of the Human Rights Committee, relating to article 17 of the International Covenant on Civil and Political Rights, which states that interference with a person's home can only take place \"in cases envisaged by the law\". The Committee observed that the law \"should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances\". The Committee also indicated that \"relevant legislation must specify in detail the precise circumstances in which such interferences may be permitted\".","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"e-1998-22-0015","docId":"e-1998-22","idx":15,"n":15,"text":"Appropriate procedural protection and due process are essential aspects of all human rights but are especially pertinent in relation to a matter such as forced evictions which directly invokes a large number of the rights recognized in both the International Covenants on Human Rights. The Committee considers that the procedural protections which should be applied in relation to forced evictions include: (a) an opportunity for genuine consultation with those affected; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) information on the proposed evictions, and, where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; (d) especially where groups of people are involved, government officials or their representatives to be present during an eviction; (e) all persons carrying out the eviction to be properly identified; (f) evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0016","docId":"e-1998-22","idx":16,"n":16,"text":"Evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights. Where those affected are unable to provide for themselves, the State party must take all appropriate measures, to the maximum of its available resources, to ensure that adequate alternative housing, resettlement or access to productive land, as the case may be, is available.","labels":["Persons in street situations"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0017","docId":"e-1998-22","idx":17,"n":17,"text":"The Committee is aware that various development projects financed by international agencies within the territories of State parties have resulted in forced evictions. In this regard, the Committee recalls its General Comment No. 2 (1990) which states, inter alia, that \"international agencies should scrupulously avoid involvement in projects which, for example ... promote or reinforce discrimination against individuals or groups contrary to the provisions of the Covenant, or involve large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation. Every effort should be made, at each phase of a development project, to ensure that the rights contained in the Covenant are duly taken into account\".","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0018","docId":"e-1998-22","idx":18,"n":18,"text":"Some institutions, such as the World Bank and the Organisation for Economic Cooperation and Development (OECD) have adopted guidelines on relocation and/or resettlement with a view to limiting the scale of and human suffering associated with forced evictions. Such practices often accompany large-scale development projects, such as dam-building and other major energy projects. Full respect for such guidelines, insofar as they reflect the obligations contained in the Covenant, is essential on the part of both the agencies themselves and States parties to the Covenant. The Committee recalls in this respect the statement in the Vienna Declaration and Programme of Action to the effect that \"while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognized human rights\" (Part I, para. 10).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0019","docId":"e-1998-22","idx":19,"n":19,"text":"In accordance with the guidelines for reporting adopted by the Committee, State parties are requested to provide various types of information pertaining directly to the practice of forced evictions. This includes information relating to (a) the \"number of persons evicted within the last five years and the number of persons currently lacking legal protection against arbitrary eviction or any other kind of eviction\", (b) \"legislation concerning the rights of tenants to security of tenure, to protection from eviction\" and (c) \"legislation prohibiting any form of eviction\". 7/","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0020","docId":"e-1998-22","idx":20,"n":20,"text":"Information is also sought as to \"measures taken during, inter alia, urban renewal programmes, redevelopment projects, site upgrading, preparation for international events (Olympics and other sporting competitions, exhibitions, conferences, etc.) 'beautiful city' campaigns, etc. which guarantee protection from eviction or guarantee rehousing based on mutual consent, by any persons living on or near to affected sites\".[[fn:8]]","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"footnotes":[{"n":8,"text":"However, few States parties have included the requisite information in their reports to the Committee. The Committee therefore wishes to emphasize the importance it attaches to the receipt of such information."}]},{"id":"e-1998-22-0021","docId":"e-1998-22","idx":21,"n":21,"text":"Some States parties have indicated that information of this nature is not available. The Committee recalls that effective monitoring of the right to adequate housing, either by the Government concerned or by the Committee, is not possible in the absence of the collection of appropriate data and would request all States parties to ensure that the necessary data is collected and is reflected in the reports submitted by them under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0001","docId":"e-c-12-1997-8","idx":1,"n":1,"text":"Economic sanctions are being imposed with increasing frequency, both internationally, regionally and unilaterally. The purpose of this general comment is to emphasize that, whatever the circumstances, such sanctions should always take full account of the provisions of the International Covenant on Economic, Social and Cultural Rights. The Committee does not in any way call into question the necessity for the imposition of sanctions in appropriate cases in accordance with Chapter VII of the Charter of the United Nations or other applicable international law. But those provisions of the Charter that relate to human rights (Articles 1, 55 and 56) must still be considered to be fully applicable in such cases.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly identifies '(Articles 1, 55 and 56)' as 'provisions of the Charter that relate to human rights' — UN Charter, not ICESCR."},{"article":"55","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly identifies article 55 as a UN Charter provision."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly identifies article 56 as a UN Charter provision."}]},{"id":"e-c-12-1997-8-0002","docId":"e-c-12-1997-8","idx":2,"n":2,"text":"During the 1990s the Security Council has imposed sanctions of varying kind and duration in relation to South Africa, Iraq/Kuwait, parts of the former Yugoslavia, Somalia, the Libyan Arab Jamahiriya, Liberia, Haiti, Angola, Rwanda and the Sudan. The impact of sanctions upon the enjoyment of economic, social and cultural rights has been brought to the Committee's attention in a number of cases involving States parties to the Covenant, some of which have reported regularly, thereby giving the Committee the opportunity to examine the situation carefully. E/C.12/1997/8 page 2","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0003","docId":"e-c-12-1997-8","idx":3,"n":3,"text":"While the impact of sanctions varies from one case to another, the Committee is aware that they almost always have a dramatic impact on the rights recognized in the Covenant. Thus, for example, they often cause significant disruption in the distribution of food, pharmaceuticals and sanitation supplies, jeopardize the quality of food and the availability of clean drinking water, severely interfere with the functioning of basic health and education systems, and undermine the right to work. In addition, their unintended consequences can include reinforcement of the power of oppressive élites, the emergence, almost invariably, of a black market and the generation of huge windfall profits for the privileged élites which manage it, enhancement of the control of the governing élites over the population at large, and restriction of opportunities to seek asylum or to manifest political opposition. While the phenomena mentioned in the preceding sentence are essentially political in nature, they also have a major additional impact on the enjoyment of economic, social and cultural rights.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0004","docId":"e-c-12-1997-8","idx":4,"n":4,"text":"In considering sanctions, it is essential to distinguish between the basic objective of applying political and economic pressure upon the governing élite of the country to persuade them to conform to international law, and the collateral infliction of suffering upon the most vulnerable groups within the targeted country. For that reason, the sanctions regimes established by the Security Council now include humanitarian exemptions designed to permit the flow of essential goods and services destined for humanitarian purposes. It is commonly assumed that these exemptions ensure basic respect for economic, social and cultural rights within the targeted country.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0005","docId":"e-c-12-1997-8","idx":5,"n":5,"text":"However, a number of recent United Nations and other studies which have analysed the impact of sanctions have concluded that these exemptions do not have this effect. Moreover, the exemptions are very[[fn:3]] limited in scope. They do not address, for example, the question of access to primary education, nor do they provide for repairs to infrastructures which are essential to provide clean water, adequate health care, etc. The Secretary-General suggested in 1995 that there was a need to assess the potential impact of sanctions before they are imposed and to enhance arrangements for the provision of humanitarian assistance to vulnerable groups.[[fn:1]] In the following year, a major study, prepared for the General Assembly by Ms. Graça Machel on the impact of armed conflict on children, stated that “humanitarian exemptions tend to be ambiguous and are interpreted arbitrarily and inconsistently.... Delays, confusion and the denial of requests to import essential humanitarian goods cause resource shortages.... [Their effects] inevitably fall most heavily on the poor”.[[fn:2]] Most recently, an October 1997 United Nations report concluded that the review procedures established under the various sanctions committees established by the Security Council “remain cumbersome and aid agencies still encounter difficulties in obtaining approval for exempted supplies. ... [The] committees neglect larger problems of commercial and governmental violations in the form of black-marketing, illicit trade, and corruption.”","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"footnotes":[{"n":1,"text":"Supplement to an Agenda for Peace, (A/50/60-S/1995/1), paragraphs 66 to 76."},{"n":2,"text":"Impact of Armed Conflict on children: Note by the Secretary-General (A/51/306, annex) (1996), paragraph 128."},{"n":3,"text":"L. Minear, et al., Toward More Humane and Effective Sanctions Management: Enhancing the Capacity of the United Nations System, Executive Summary. Study prepared at the request of the United Nations Department of Humanitarian Affairs on behalf of the Inter-agency Standing Committee, 6 October 1997."}]},{"id":"e-c-12-1997-8-0006","docId":"e-c-12-1997-8","idx":6,"n":6,"text":"It is thus clear, on the basis of an impressive array of both country-specific and general studies, that insufficient attention is being paid to the impact of sanctions on vulnerable groups. Nevertheless, for various reasons, these studies have not examined specifically the nefarious consequences that ensue for the enjoyment of economic, social and cultural rights, per se. It is in fact apparent that in most, if not all, cases, those consequences have E/C.12/1997/8 page 3 either not been taken into account at all or not given the serious consideration they deserve. There is thus a need to inject a human rights dimension into deliberations on this issue.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0007","docId":"e-c-12-1997-8","idx":7,"n":7,"text":"The Committee considers that the provisions of the Covenant, virtually all of which are also reflected in a range of other human rights treaties as well as the Universal Declaration of Human Rights, cannot be considered to be inoperative, or in any way inapplicable, solely because a decision has been taken that considerations of international peace and security warrant the imposition of sanctions. Just as the international community insists that any targeted State must respect the civil and political rights of its citizens, so too must that State and the international community itself do everything possible to protect at least the core content of the economic, social and cultural rights of the affected peoples of that State (see also General Comment 3 (1990), paragraph 10).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0008","docId":"e-c-12-1997-8","idx":8,"n":8,"text":"While this obligation of every State is derived from the commitment in the Charter of the United Nations to promote respect for all human rights, it should also be recalled that every permanent member of the Security Council has signed the Covenant, although two (China and the United States) have yet to ratify it. Most of the non-permanent members at any given time are parties. Each of these States has undertaken, in conformity with article 2, paragraph 1, of the Covenant to “take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means ....” When the affected State is also a State party, it is doubly incumbent upon other States to respect and take account of the relevant obligations. To the extent that sanctions are imposed on States which are not parties to the Covenant, the same principles would in any event apply given the status of the economic, social and cultural rights of vulnerable groups as part of general international law, as evidenced, for example, by the near-universal ratification of the Convention on the Rights of the Child and the status of the Universal Declaration of Human Rights.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"article":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text reads 'article 2, paragraph 1, of the Covenant to take steps...', referring to ICESCR's progressive realization obligation; CRC is only mentioned incidentally to illustrate near-universal ratification."}]},{"id":"e-c-12-1997-8-0009","docId":"e-c-12-1997-8","idx":9,"n":9,"text":"Although the Committee has no role to play in relation to decisions to impose or not to impose sanctions, it does, however, have a responsibility to monitor compliance by all States parties with the Covenant. When measures are taken which inhibit the ability of a State party to meet its obligations under the Covenant, the terms of sanctions and the manner in which they are implemented become appropriate matters for concern for the Committee.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0010","docId":"e-c-12-1997-8","idx":10,"n":10,"text":"The Committee believes that two sets of obligations flow from these considerations. The first set relates to the affected State. The imposition of sanctions does not in any way nullify or diminish the relevant obligations of that State party. As in other comparable situations, those obligations assume greater practical importance in times of particular hardship. The Committee is thus called upon to scrutinize very carefully the extent to which the State concerned has taken steps “to the maximum of its available resources” to provide the greatest possible protection for the economic, social and cultural rights of each individual living within its jurisdiction. While sanctions will inevitably diminish the capacity of the affected State to fund or support some of the necessary measures, the State remains under an E/C.12/1997/8 page 4 obligation to ensure the absence of discrimination in relation to the enjoyment of these rights, and to take all possible measures, including negotiations with other States and the international community, to reduce to a minimum the negative impact upon the rights of vulnerable groups within the society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0011","docId":"e-c-12-1997-8","idx":11,"n":11,"text":"The second set of obligations relates to the party or parties responsible for the imposition, maintenance or implementation of the sanctions, whether it be the international community, an international or regional organization, or a State or group of States. In this respect, the Committee considers that there are three conclusions which follow logically from the recognition of economic, social and cultural human rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0012","docId":"e-c-12-1997-8","idx":12,"n":12,"text":"First, these rights must be taken fully into account when designing an appropriate sanctions regime. Without endorsing any particular measures in this regard, the Committee notes proposals such as those calling for the creation of a United Nations mechanism for anticipating and tracking sanctions impacts, the elaboration of a more transparent set of agreed principles and procedures based on respect for human rights, the identification of a wider range of exempt goods and services, the authorization of agreed technical agencies to determine necessary exemptions, the creation of a better resourced set of sanctions committees, more precise targeting of the vulnerabilities of those whose behaviour the international community wishes to change, and the introduction of greater overall flexibility.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0013","docId":"e-c-12-1997-8","idx":13,"n":13,"text":"Second, effective monitoring, which is always required under the terms of the Covenant, should be undertaken throughout the period that sanctions are in force. When an external party takes upon itself even partial responsibility for the situation within a country (whether under Chapter VII of the Charter or otherwise), it also unavoidably assumes a responsibility to do all within its power to protect the economic, social and cultural rights of the affected population.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0014","docId":"e-c-12-1997-8","idx":14,"n":14,"text":"Third, the external entity has an obligation “to take steps, individually and through international assistance and cooperation, especially economic and technical” in order to respond to any disproportionate suffering experienced by vulnerable groups within the targeted country.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0015","docId":"e-c-12-1997-8","idx":15,"n":15,"text":"In anticipating the objection that sanctions must, almost by definition, result in the grave violations of economic, social and cultural rights if they are to achieve their objectives, the Committee notes the conclusion of a major United Nations study to the effect that “decisions to reduce the suffering of children or minimize other adverse consequences can be taken without jeopardizing[[fn:4]] the policy aim of sanctions”. This applies equally to the situation of all vulnerable groups.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"footnotes":[{"n":4,"text":"Ibid.","isIbid":true,"resolvedText":"L. Minear, et al., Toward More Humane and Effective Sanctions Management: Enhancing the Capacity of the United Nations System, Executive Summary. Study prepared at the request of the United Nations Department of Humanitarian Affairs on behalf of the Inter-agency Standing Committee, 6 October 1997."}]},{"id":"e-c-12-1997-8-0016","docId":"e-c-12-1997-8","idx":16,"n":16,"text":"In adopting this general comment the sole aim of the Committee is to draw attention to the fact that the inhabitants of a given country do not forfeit their basic economic, social and cultural rights by virtue of any determination that their leaders have violated norms relating to international peace and security. The aim is not to give support or encouragement to such leaders, nor is it to undermine the legitimate interests of the international community in enforcing respect for the provisions of the Charter of the E/C.12/1997/8 page 5 United Nations and the general principles of international law. Rather, it is to insist that lawlessness of one kind should not be met by lawlessness of another kind which pays no heed to the fundamental rights that underlie and give legitimacy to any such collective action. Adopted on 4 December 1997","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1998-24-0001","docId":"e-c-12-1998-24","idx":1,"n":1,"text":"In its General Comment No. 3 (1990) the Committee addressed issues relating to the nature and scope of States parties' obligations. The present general comment seeks to elaborate further certain elements of the earlier statement. The central obligation in relation to the Covenant is for States parties to give effect to the rights recognized therein. By requiring Governments to do so “by all appropriate means”, the Covenant adopts a broad and flexible approach which enables the particularities of the legal and administrative systems of each State, as well as other relevant considerations, to be taken into account. * Adopted at the 51st meeting on 1 December 1998 (nineteenth session). E/C.12/1998/24 page 2","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["A. The duty to give effect to the Covenant in the domestic"]},{"id":"e-c-12-1998-24-0002","docId":"e-c-12-1998-24","idx":2,"n":2,"text":"But this flexibility coexists with the obligation upon each State party to use all the means at its disposal to give effect to the rights recognized in the Covenant. In this respect, the fundamental requirements of international human rights law must be borne in mind. Thus the Covenant norms must be recognized in appropriate ways within the domestic legal order, appropriate means of redress, or remedies, must be available to any aggrieved individual or group, and appropriate means of ensuring governmental accountability must be put in place.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["A. The duty to give effect to the Covenant in the domestic"]},{"id":"e-c-12-1998-24-0003","docId":"e-c-12-1998-24","idx":3,"n":3,"text":"Questions relating to the domestic application of the Covenant must be considered in the light of two principles of international law. The first, as reflected in article 27 of the Vienna Convention on the Law of Treaties of 1969, is that “[A] party may not invoke the provisions of its internal law as justification for its failure to perform a treaty”. In other words, States should modify the domestic legal order as necessary in order to give effect to their treaty obligations.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"footnotes":[{"n":1,"text":"This issue is considered further by the Committee in its General Comment No. 12 (1998). The second principle is reflected in article 8 of the Universal Declaration of Human Rights, according to which “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.” The Covenant contains no direct counterpart to article 2.3 (b) of the International Covenant on Civil and Political Rights which obligates States parties to, inter alia, “develop the possibilities of judicial remedy”. Nevertheless, a State party seeking to justify its failure to provide any domestic legal remedies for violations of economic, social and cultural rights would need to show either that such remedies are not “appropriate means” within the terms of article 2.1 of the Covenant or that, in view of the other means used, they are unnecessary. It will be difficult to show this and the Committee considers that, in many cases, the other “means” used could be rendered ineffective if they are not reinforced or complemented by judicial remedies."}],"section":["A. The duty to give effect to the Covenant in the domestic"],"citedArticles":[{"treaty":"ICESCR","article":"27","source":"regex"}]},{"id":"e-c-12-1998-24-0004","docId":"e-c-12-1998-24","idx":4,"n":4,"text":"In general, legally binding international human rights standards should operate directly and immediately within the domestic legal system of each State party, thereby enabling individuals to seek enforcement of their rights before national courts and tribunals. The rule requiring the exhaustion of domestic remedies reinforces the primacy of national remedies in this respect. The existence and further development of international procedures for the pursuit of individual claims is important, but such procedures are ultimately only supplementary to effective national remedies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["B. The status of the Covenant in the domestic legal order"]},{"id":"e-c-12-1998-24-0005","docId":"e-c-12-1998-24","idx":5,"n":5,"text":"The Covenant does not stipulate the specific means by which it is to be implemented in the national legal order. And there is no provision obligating its comprehensive incorporation or requiring it to be accorded any specific type of status in national law. Although the precise method by which Covenant rights are given effect in national law is a matter for each State party to decide, the means used should be appropriate in the sense of producing results which are consistent with the full discharge of its obligations by the State party. The means chosen are also subject to review as part of the Committee’s examination of the State party’s compliance with its obligations under the Covenant. E/C.12/1998/24 page 3","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["B. The status of the Covenant in the domestic legal order"]},{"id":"e-c-12-1998-24-0006","docId":"e-c-12-1998-24","idx":6,"n":6,"text":"An analysis of State practice with respect to the Covenant shows that States have used a variety of approaches. Some States have failed to do anything specific at all. Of those that have taken measures, some States have transformed the Covenant into domestic law by supplementing or amending existing legislation, without invoking the specific terms of the Covenant. Others have adopted or incorporated it into domestic law, so that its terms are retained intact and given formal validity in the national legal order. This has often been done by means of constitutional provisions according priority to the provisions of international human rights treaties over any inconsistent domestic laws. The approach of States to the Covenant depends significantly upon the approach adopted to treaties in general in the domestic legal order.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["B. The status of the Covenant in the domestic legal order"]},{"id":"e-c-12-1998-24-0007","docId":"e-c-12-1998-24","idx":7,"n":7,"text":"But whatever the preferred methodology, several principles follow from the duty to give effect to the Covenant and must therefore be respected. First, the means of implementation chosen must be adequate to ensure fulfilment of the obligations under the Covenant. The need to ensure justiciability (see para. 10 below) is relevant when determining the best way to give domestic legal effect to the Covenant rights. Second, account should be taken of the means which have proved to be most effective in the country concerned in ensuring the protection of other human rights. Where the means used to give effect to the Covenant on Economic, Social and Cultural Rights differ significantly from those used in relation to other human rights treaties, there should be a compelling justification for this, taking account of the fact that the formulations used in the Covenant are, to a considerable extent, comparable to those used in treaties dealing with civil and political rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["B. The status of the Covenant in the domestic legal order"]},{"id":"e-c-12-1998-24-0008","docId":"e-c-12-1998-24","idx":8,"n":8,"text":"Third, while the Covenant does not formally oblige States to incorporate its provisions in domestic law, such an approach is desirable. Direct incorporation avoids problems that might arise in the translation of treaty obligations into national law, and provides a basis for the direct invocation of the Covenant rights by individuals in national courts. For these reasons, the Committee strongly encourages formal adoption or incorporation of the Covenant in national law. Legal or judicial remedies?","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["B. The status of the Covenant in the domestic legal order"]},{"id":"e-c-12-1998-24-0009","docId":"e-c-12-1998-24","idx":9,"n":9,"text":"The right to an effective remedy need not be interpreted as always requiring a judicial remedy. Administrative remedies will, in many cases, be adequate and those living within the jurisdiction of a State party have a legitimate expectation, based on the principle of good faith, that all administrative authorities will take account of the requirements of the Covenant in their decision-making. Any such administrative remedies should be accessible, affordable, timely and effective. An ultimate right of judicial appeal from administrative procedures of this type would also often be appropriate. By the same token, there are some obligations, such as (but by no means limited to) those concerning non-discrimination, in relation to which the provision of some form of judicial remedy would seem indispensable E/C.12/1998/24 page 4 in order to satisfy the requirements of the Covenant. In other words, whenever a Covenant right cannot be made fully effective without some role for the judiciary, judicial remedies are necessary. Justiciability","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["C. The role of legal remedies"]},{"id":"e-c-12-1998-24-0010","docId":"e-c-12-1998-24","idx":10,"n":10,"text":"In relation to civil and political rights, it is generally taken for granted that judicial remedies for violations are essential. Regrettably, the contrary assumption is too often made in relation to economic, social and cultural rights. This discrepancy is not warranted either by the nature of the rights or by the relevant Covenant provisions. The Committee has already made clear that it considers many of the provisions in the Covenant to be capable of immediate implementation. Thus, in General Comment No. 3 it cited, by way of example, articles 3, 7 (a) (i), 8, 10.3, 13.2 (a), 13.3, 13.4 and 15.3. It is important in this regard to distinguish between justiciability (which refers to those matters which are appropriately resolved by the courts) and norms which are self-executing (capable of being applied by courts without further elaboration). While the general approach of each legal system needs to be taken into account, there is no Covenant right which could not, in the great majority of systems, be considered to possess at least some significant justiciable dimensions. It is sometimes suggested that matters involving the allocation of resources should be left to the political authorities rather than the courts. While the respective competences of the various branches of government must be respected, it is appropriate to acknowledge that courts are generally already involved in a considerable range of matters which have important resource implications. The adoption of a rigid classification of economic, social and cultural rights which puts them, by definition, beyond the reach of the courts would thus be arbitrary and incompatible with the principle that the two sets of human rights are indivisible and interdependent. It would also drastically curtail the capacity of the courts to protect the rights of the most vulnerable and disadvantaged groups in society. Self-executing","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["C. The role of legal remedies"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-1998-24-0011","docId":"e-c-12-1998-24","idx":11,"n":11,"text":"The Covenant does not negate the possibility that the rights it contains may be considered self-executing in systems where that option is provided for. Indeed, when it was being drafted, attempts to include a specific provision in the Covenant to the effect that it be considered “non-self-executing” were strongly rejected. In most States, the determination of whether or not a treaty provision is self-executing will be a matter for the courts, not the executive or the legislature. In order to perform that function effectively, the relevant courts and tribunals must be made aware of the nature and implications of the Covenant and of the important role of judicial remedies in its implementation. Thus, for example, when Governments are involved in court proceedings, they should promote interpretations of domestic laws which give effect to their Covenant obligations. Similarly, judicial training should take full account of the justiciability of the Covenant. It is especially important to avoid any a priori assumption that the norms should be considered to be non-self-executing. In fact, many of them are stated in terms which are at least as clear and specific as those in other human rights treaties, the provisions of which are regularly deemed by courts to be self-executing. E/C.12/1998/24 page 5","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["C. The role of legal remedies"]},{"id":"e-c-12-1998-24-0012","docId":"e-c-12-1998-24","idx":12,"n":12,"text":"In the Committee’s guidelines for States’ reports, States are requested to provide information as to whether the provisions of the Covenant “can be invoked before, and directly enforced by, the Courts, other tribunals or administrative authorities”.[[fn:3]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"footnotes":[{"n":3,"text":"Some States have provided such information, but greater importance should be attached to this element in future reports. In particular, the Committee requests that States parties provide details of any significant jurisprudence from their domestic courts that makes use of the provisions of the Covenant."}],"section":["D. The treatment of the Covenant in domestic courts"]},{"id":"e-c-12-1998-24-0013","docId":"e-c-12-1998-24","idx":13,"n":13,"text":"On the basis of available information, it is clear that State practice is mixed. The Committee notes that some courts have applied the provisions of the Covenant either directly or as interpretive standards. Other courts are willing to acknowledge, in principle, the relevance of the Covenant for interpreting domestic law, but in practice, the impact of the Covenant on the reasoning or outcome of cases is very limited. Still other courts have refused to give any degree of legal effect to the Covenant in cases in which individuals have sought to rely on it. There remains extensive scope for the courts in most countries to place greater reliance upon the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["D. The treatment of the Covenant in domestic courts"]},{"id":"e-c-12-1998-24-0014","docId":"e-c-12-1998-24","idx":14,"n":14,"text":"Within the limits of the appropriate exercise of their functions of judicial review, courts should take account of Covenant rights where this is necessary to ensure that the State's conduct is consistent with its obligations under the Covenant. Neglect by the courts of this responsibility is incompatible with the principle of the rule of law, which must always be taken to include respect for international human rights obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["D. The treatment of the Covenant in domestic courts"]},{"id":"e-c-12-1998-24-0015","docId":"e-c-12-1998-24","idx":15,"n":15,"text":"It is generally accepted that domestic law should be interpreted as far as possible in a way which conforms to a State's international legal obligations. Thus, when a domestic decision maker is faced with a choice between an interpretation of domestic law that would place the state in breach of the Covenant and one that would enable the State to comply with the Covenant, international law requires the choice of the latter. Guarantees of equality and non-discrimination should be interpreted, to the greatest extent possible, in ways which facilitate the full protection of economic, social and cultural rights. Notes 1.A/CONF.39/27. 2.Pursuant to article 2.2 States “undertake to guarantee” that the rights in the Covenant are exercised “without discrimination of any kind”. 3.Reporting guidelines, E/C.12/1990/8, Annex IV. -----","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["D. The treatment of the Covenant in domestic courts"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"a-32-18-0001","docId":"a-32-18","idx":1,"n":1,"text":"Requests every State party which has not already done so to include - in the next report it will submit in accordance with article 9 of the Convention, or in a special report before its next periodic report becomes due - adequate information on the measures which it has adopted and which give effect to the provisions of article 7 of the Convention;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1977,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"a-32-18-0002","docId":"a-32-18","idx":2,"n":2,"text":"Invites the attention of States parties to the fact that, in accordance with article 7 of the Convention, the information to which the preceding paragraph refers should include information on the “immediate and effective measures” which they have adopted, “in the fields of teaching, education, culture and information”, with a view to:\n(a)“Combating prejudices which lead to racial discrimination”;\n(b) “Promoting understanding, tolerance and friendship among nations and racial or ethnical groups”;\n(c) “Propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination” as well as the International Convention on the Elimination of All Forms of Racial Discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1977,"citedArticles":[{"article":"7","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text: 'article 7 of the Convention' in a CERD committee document with home_treaty=CERD. Surrounding text explicitly names 'International Convention on the Elimination of All Forms of Racial Discrimination' and context confirms this is CERD art.7 (teaching, education, culture and information to combat prejudice)."}]},{"docId":"a-37-18","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1982,"id":"a-37-18-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Racial Discrimination,, Recognizing the fact that an impressive number of States has ratified, or acceded to, the International Convention on the Elimination of All Forms of Racial Discrimination,, Bearing in mind, however, that ratification alone does not enable the control system set up by the Convention to function effectively,, Recalling that article 9 of the Convention obliges States parties to submit initial and periodic reports on the measures that give effect to the provisions of the Convention,, Stating that at present no less than 89 reports are overdue from 62 States, that 42 of those reports are overdue from 15 States, each with two or more outstanding reports, and that four initial reports which were due between 1973 and 1978 have not been received,, Noting with regret that neither reminders sent through the Secretary-General to States parties nor the inclusion of the relevant information in the annual reports to the General Assembly has had the desired effect, in all cases,, Invites the General Assembly:","isPreamble":true,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"docId":"a-37-18","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1982,"id":"a-37-18-0002","n":1,"idx":2,"text":"(a) To take note of the situation;"},{"docId":"a-37-18","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1982,"id":"a-37-18-0003","n":2,"idx":3,"text":"(b) To use its authority in order to ensure that the Committee could more effectively fulfil its obligations under the Convention."},{"id":"a-40-18-0001","docId":"a-40-18","idx":1,"n":1,"text":"Recommends that those States parties whose legislation does not satisfy the provisions of article 4 (a) and (b) of the Convention take the necessary steps with a view to satisfying the mandatory requirements of that article;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1985,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"a-40-18-0002","docId":"a-40-18","idx":2,"n":2,"text":"Requests that those States parties which have not yet done so inform the Committee more fully in their periodic reports of the manner and extent to which the provisions of article 4 (a) and (b) are effectively implemented and quote the relevant parts of the texts in their reports;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1985,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"a-40-18-0003","docId":"a-40-18","idx":3,"n":3,"text":"Further requests those States parties which have not yet done so to endeavour to provide in their periodic reports more information concerning decisions taken by the competent national tribunals and other State institutions regarding acts of racial discrimination and in particular those offences dealt with in article 4 (a) and (b).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1985,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"docId":"a-45-18","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1990,"preambleSource":"hri-vol-II","id":"a-45-18-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Racial Discrimination,, Having considered reports from States parties concerning information about the ways in, which individuals are identified as being members of a particular racial or ethnic group or, groups,, Is of the opinion that such identification shall, if no justification exists to the contrary, be, based upon self-identification by the individual concerned.","isPreamble":true},{"docId":"a-45-81","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1990,"id":"a-45-81-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Racial Discrimination,, Considering that respect for the independence of the experts is essential to secure full observance of human rights and fundamental freedoms,, Recalling article 8, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination,, Alarmed by the tendency of the representatives of States, organizations and groups to put pressure upon experts, especially those serving as country rapporteurs,, Strongly recommends that they respect unreservedly the status of its members as independent experts of acknowledged impartiality serving in their personal capacity.","isPreamble":true,"citedArticles":[{"treaty":"CERD","article":"8","source":"regex"}]},{"id":"a-46-18-0001","docId":"a-46-18","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nTaking note of the recommendation of the third meeting of persons chairing the human\nrights treaty bodies, as endorsed by the General Assembly at its forty-fifth session, to the effect\nthat a series of seminars or workshops should be organized at the national level for the purpose\nof training those involved in the preparation of State party reports,\nConcerned over the continued failure of certain States parties to the International\nobligations under the Convention,\nBelieving that training courses and workshops organized on the national level might prove\nof immeasurable assistance to officials responsible for the preparation of such State party\nreports,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1991,"isPreamble":true,"preambleSource":"hri-vol-II"},{"id":"a-46-18-0002","docId":"a-46-18","idx":2,"n":1,"text":"Requests the Secretary-General to organize, in consultation with the States parties concerned, appropriate national training courses and workshops for their reporting officials as soon as practicable;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1991},{"id":"a-46-18-0003","docId":"a-46-18","idx":3,"n":2,"text":"Recommends that the services of the staff of the Centre for Human Rights as well as of the experts of the Committee on the Elimination of Racial Discrimination should be utilized, as appropriate, in the conduct of such training courses and workshops.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1991},{"id":"a-90-18-0001","docId":"a-90-18","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nHaving considered reports submitted by States parties under article 9 of the International\nsessions,\nBearing in mind the need for the reports sent by States parties to the Committee to be as\ninformative as possible,\nInvites States parties to endeavour to include in their reports under article 9 relevant\ninformation on the demographic composition of the population referred to in the provisions of\narticle 1 of the Convention.","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1973,"isPreamble":true,"preambleSource":"hri-vol-II","citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"a-90-18-0002","docId":"a-90-18","idx":2,"n":1,"text":"The Committee on the Elimination of Racial Discrimination,\nHaving considered reports submitted by States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination at its seventh and eighth sessions,\nBearing in mind the need for the reports sent by States parties to the Committee to be as informative as possible,\nInvites States parties to endeavour to include in their reports under article 9 relevant information on the demographic composition of the population referred to in the provisions of article 1 of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1973,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"docId":"annotated-ccpr-gc1-reporting-obligation","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"id":"annotated-ccpr-gc1-reporting-obligation-0001","n":1,"idx":1,"text":"States parties have undertaken to submit reports in accordance with article 40 of the Covenant within one year of its entry into force for the States parties concerned and, thereafter, whenever the Committee so requests. Until the present time only the first part of this provision, calling for initial reports, has become regularly operative. The Committee notes, as appears from its annual reports, that only a small number of States have submitted their reports on time. Most of them have been submitted with delays ranging from a few months to several years and some States parties are still in default despite repeated reminders and other actions by the Committee. The fact that most States parties have nevertheless, even if somewhat late, engaged in a constructive dialogue with the Committee suggests that the States parties normally ought to be able to fulfil the reporting obligation within the time limit prescribed by article 40 (1) and that it would be in their own interest to do so in the future. In the process of ratifying the Covenant, States should pay immediate attention to their reporting obligation since the proper preparation of a report which covers so many civil and political rights necessarily does require time.","citedArticles":[{"treaty":"ICCPR","article":"40","source":"regex"},{"treaty":"ICCPR","article":"40","paragraph":"1","source":"regex"}]},{"docId":"annotated-cedaw-gr11-technical-advisory-services","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr11-technical-advisory-services-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Bearing in mind that, as at 3 March 1989, 96 States had ratified the Convention on the Elimination of All Forms of Discrimination against Women, Taking into account the fact that by that date 60 initial and 19 second periodic reports had been received, Noting that 36 initial and 36 second periodic reports were due by 3 March 1989 and had not yet been received, Welcoming the request in General Assembly resolution 43/115, paragraph 9, that the Secretary-General should arrange, within existing resources and taking into account the priorities of the programme of advisory services, further training courses for those countries experiencing the most serious difficulties in meeting their reporting obligations under international instruments on human rights","isPreamble":true},{"docId":"annotated-cedaw-gr11-technical-advisory-services","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr11-technical-advisory-services-0002","n":1,"idx":2,"text":"Recommends to States parties that they should encourage, support and cooperate in projects for technical advisory services, including training seminars, to assist States parties on their request in fulfilling their reporting obligations under article 18 of the Convention.","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr12-vaw","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr12-vaw-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Considering that articles 2, 5, 11, 12 and 16 of the Convention require the States parties to act to protect women against violence of any kind occurring within the family, at the workplace or in any other area of social life, Taking into account Economic and Social Council resolution 1988/27, Recommends to the States parties that they should include in their periodic reports to the Committee information about:","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"docId":"annotated-cedaw-gr12-vaw","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr12-vaw-0002","n":1,"idx":2,"text":"1. The legislation in force to protect women against the incidence of all kinds of violence in everyday life (including sexual violence, abuses in the family, sexual harassment at the workplace, etc.);"},{"docId":"annotated-cedaw-gr12-vaw","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr12-vaw-0003","n":2,"idx":3,"text":"2. Other measures adopted to eradicate this violence;"},{"docId":"annotated-cedaw-gr12-vaw","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr12-vaw-0004","n":3,"idx":4,"text":"3. The existence of support services for women who are the victims of aggression or abuses;"},{"docId":"annotated-cedaw-gr12-vaw","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr12-vaw-0005","n":4,"idx":5,"text":"4. Statistical data on the incidence of violence of all kinds against women and on women who are the victims of violence."},{"docId":"annotated-cedaw-gr13-remuneration","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr13-remuneration-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Recalling International Labour Organization Convention No. 100 concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, which has been ratified by a large majority of States parties to the Convention on the Elimination of All Forms of Discrimination against Women, Recalling also that it has considered 51 initial and 5 second periodic reports of States parties since 1983, Considering that although reports of States parties indicate that, even though the principle of equal remuneration for work of equal value has been accepted in the legislation of many countries, more remains to be done to ensure the application of that principle in practice, in order to overcome the gender-segregation in the labour market, Recommends to the States parties to the Convention on the Elimination of All Forms of Discrimination against Women that:","isPreamble":true},{"docId":"annotated-cedaw-gr13-remuneration","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr13-remuneration-0002","n":1,"idx":2,"text":"1. In order to implement fully the Convention on the Elimination of All Forms of Discrimination against Women, those States parties that have not yet ratified ILO Convention No. 100 should be encouraged to do so;"},{"docId":"annotated-cedaw-gr13-remuneration","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr13-remuneration-0003","n":2,"idx":3,"text":"2. They should consider the study, development and adoption of job evaluation systems based on gender-neutral criteria that would facilitate the comparison of the value of those jobs of a different nature, in which women presently predominate, with those jobs in which men presently predominate, and they should include the results achieved in their reports to the Committee on the Elimination of Discrimination against Women;"},{"docId":"annotated-cedaw-gr13-remuneration","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr13-remuneration-0004","n":3,"idx":4,"text":"3. They should support, as far as practicable, the creation of implementation machinery and encourage the efforts of the parties to collective agreements, where they apply, to ensure the application of the principle of equal remuneration for work of equal value."},{"docId":"annotated-cedaw-gr14-circumcision","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr14-circumcision-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Concerned about the continuation of the practice of female circumcision and other traditional practices harmful to the health of women, Noting with satisfaction that Governments, where such practices exist, national women’s organizations, non-governmental organizations, specialized agencies, such as the World Health Organization, the United Nations Children’s Fund, as well as the Commission on Human Rights and its Submission on Prevention of Discrimination and Protection of Minorities, remain seized of the issue having particularly recognized that such traditional practices as female circumcision have serious health and other consequences for women and children, Noting with interest the study of the Special Rapporteur on Traditional Practices Affecting the Health of Women and Children, as well as the study of the Special Working Group on Traditional Practices, Recognizing that women are taking important action themselves to identify and to combat practices that are prejudicial to the health and well-being of women and children, Convinced that the important action that is being taken by women and by all interested groups needs to be supported and encouraged by Governments, Noting with grave concern that there are continuing cultural, traditional and economic pressures which help to perpetuate harmful practices, such as female circumcision, Recommends to States parties:","isPreamble":true},{"docId":"annotated-cedaw-gr14-circumcision","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr14-circumcision-0002","n":1,"idx":2,"text":"(a) That States parties take appropriate and effective measures with a view to eradicating the practice of female circumcision. Such measures could include: The collection and dissemination by universities, medical or nursing associations, national women’s organizations or other bodies of basic data about such traditional practices; The support of women’s organizations at the national and local levels working for the elimination of female circumcision and other practices harmful to women; The encouragement of politicians, professionals, religious and community leaders at all levels including the media and the arts to cooperate in influencing attitudes towards the eradication of female circumcision; The introduction of appropriate educational and training programmes and seminars based on research findings about the problems arising from female circumcision;"},{"docId":"annotated-cedaw-gr14-circumcision","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr14-circumcision-0003","n":2,"idx":3,"text":"(b) That States parties include in their national health policies appropriate strategies aimed at eradicating female circumcision in public health care. Such strategies could include the special responsibility of health personnel including traditional birth attendants to explain the harmful effects of female circumcision;"},{"docId":"annotated-cedaw-gr14-circumcision","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr14-circumcision-0004","n":3,"idx":4,"text":"(c) That States parties invite assistance, information and advice from the appropriate organizations of the United Nations system to support and assist efforts being deployed to eliminate harmful traditional practices;"},{"docId":"annotated-cedaw-gr14-circumcision","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr14-circumcision-0005","n":4,"idx":5,"text":"(d) That States parties include in their reports to the Committee under articles 10 and 12 of the Convention on the Elimination of All Forms of Discrimination against Women information about measures taken to eliminate female circumcision.","citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"docId":"annotated-cedaw-gr15-aids","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr15-aids-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Having considered information brought to its attention on the potential effects of both the global pandemic of acquired immunodeficiency syndrome (AIDS) and strategies to control it on the exercise of the rights of women, Having regard to the reports and materials prepared by the World Health Organization and other United Nations organizations, organs and bodies in relation to human immunodeficiency virus (HIV), and, in particular, the note by the Secretary-General to the Commission on the Status of Women on the effects of AIDS on the advancement of women and the Final Document of the International Consultation on AIDS and Human Rights, held at Geneva from 26 to 28 July 1989, Noting World Health Assembly resolution WHA 41.24 on the avoidance of discrimination in relation to HIV-infected people and people with AIDS, of 13 May 1988, resolution 1989/11 of the Commission on Human Rights on non-discrimination in the field of health, of 2 March 1989, and in particular the Paris Declaration on Women, Children and AIDS, of 30 November 1989, Noting that the World Health Organization has announced that the theme of World Aids Day, 1 December 1990, will be “Women and Aids”, Recommends:","isPreamble":true},{"docId":"annotated-cedaw-gr15-aids","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr15-aids-0002","n":1,"idx":2,"text":"(a) That States parties intensify efforts in disseminating information to increase public awareness of the risk of HIV infection and AIDS, especially in women and children, and of its effect on them;"},{"docId":"annotated-cedaw-gr15-aids","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr15-aids-0003","n":2,"idx":3,"text":"(b) That programmes to combat AIDS should give special attention to the rights and needs of women and children, and to the factors relating to the reproductive role of women and their subordinate position in some societies which make them especially vulnerable to HIV infection;"},{"docId":"annotated-cedaw-gr15-aids","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr15-aids-0004","n":3,"idx":4,"text":"(c) That States parties ensure the active participation of women in primary health care and take measures to enhance their role as care providers, health workers and educators in the prevention of infection with HIV;"},{"docId":"annotated-cedaw-gr15-aids","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr15-aids-0005","n":4,"idx":5,"text":"(d) That all States parties include in their reports under article 12 of the Convention information on the effects of AIDS on the situation of women and on the action taken to cater to the needs of those women who are infected and to prevent specific discrimination against women in response to AIDS.","citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"}]},{"docId":"annotated-cedaw-gr16-unpaid-women-workers","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr16-unpaid-women-workers-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Bearing in mind articles 2 (c) and 11 (c), (d) and (e) of the Convention on the Elimination of All Forms of Discrimination against Women and general recommendation No. 9 (Eighth session, 1989) on statistical data concerning the situation of women, Taking into consideration that a high percentage of women in the States parties work without payment, social security and social benefits in enterprises owned usually by a male member of the family, Noting that the reports presented to the Committee on the Elimination of Discrimination against Women generally do not refer to the problem of unpaid women workers of family enterprises, Affirming that unpaid work constitutes a form of women’s exploitation that is contrary to the Convention, Recommends that States parties:","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"}]},{"docId":"annotated-cedaw-gr16-unpaid-women-workers","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr16-unpaid-women-workers-0002","n":1,"idx":2,"text":"(a) Include in their reports to the Committee information on the legal and social situation of unpaid women working in family enterprises;"},{"docId":"annotated-cedaw-gr16-unpaid-women-workers","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr16-unpaid-women-workers-0003","n":2,"idx":3,"text":"(b) Collect statistical data on women who work without payment, social security and social benefits in enterprises owned by a family member, and include these data in their report to the Committee;"},{"docId":"annotated-cedaw-gr16-unpaid-women-workers","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr16-unpaid-women-workers-0004","n":3,"idx":4,"text":"(c) Take the necessary steps to guarantee payment, social security and social benefits for women who work without such benefits in enterprises owned by a family member."},{"docId":"annotated-cedaw-gr17-measurement","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr17-measurement-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Bearing in mind article 11 of the Convention on the Elimination of All Forms of Discrimination against Women, Recalling paragraph 120 of the Nairobi Forward-looking Strategies for the Advancement of Women, Affirming that the measurement and quantification of the unremunerated domestic activities of women, which contribute to development in each country, will help to reveal the de facto economic role of women, Convinced that such measurement and quantification offers a basis for the formulation of further policies related to the advancement of women, Noting the discussions of the Statistical Commission, at its twenty-first session, on the current revision of the System of National Accounts and the development of statistics on women, Recommends that States parties:","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"11","source":"regex"}]},{"docId":"annotated-cedaw-gr17-measurement","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr17-measurement-0002","n":1,"idx":2,"text":"(a) Encourage and support research and experimental studies to measure and value the unremunerated domestic activities of women; for example, by conducting time-use surveys as part of their national household survey programmes and by collecting statistics disaggregated by gender on time spent on activities both in the household and on the labour market;"},{"docId":"annotated-cedaw-gr17-measurement","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr17-measurement-0003","n":2,"idx":3,"text":"(b) Take steps, in accordance with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women and the Nairobi Forward-looking Strategies for the Advancement of Women, to quantify and include the unremunerated domestic activities of women in the gross national product;"},{"docId":"annotated-cedaw-gr17-measurement","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr17-measurement-0004","n":3,"idx":4,"text":"(c) Include in their reports submitted under article 18 of the Convention information on the research and experimental studies undertaken to measure and value unremunerated domestic activities, as well as on the progress made in the incorporation of the unremunerated domestic activities of women in national accounts.","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr18-disabled","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr18-disabled-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Taking into consideration particularly article 3 of the Convention on the Elimination of All Forms of Discrimination against Women, Having considered more than 60 periodic reports of States parties, and having recognized that they provide scarce information on disabled women, Concerned about the situation of disabled women, who suffer from a double discrimination linked to their special living conditions, Recalling paragraph 296 of the Nairobi Forward-looking Strategies for the Advancement of Women, in which disabled women are considered as a vulnerable group under the heading “areas of special concern”, Affirming its support for the World Programme of Action concerning Disabled Persons (1982)","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"3","source":"regex"}]},{"docId":"annotated-cedaw-gr18-disabled","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr18-disabled-0002","n":1,"idx":2,"text":"Recommends that States parties provide information on disabled women in their periodic reports, and on measures taken to deal with their particular situation, including special measures to ensure that they have equal access to education and employment, health services and social security, and to ensure that they can participate in all areas of social and cultural life."},{"docId":"annotated-cedaw-gr20-reservations","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr20-reservations-0001","n":1,"idx":1,"text":"The Committee recalled the decision of the Fourth Meeting of States parties on reservations to the Convention with regard to article 28.2, which was welcomed in General recommendation No. 4 of the Committee.","citedArticles":[{"treaty":"CEDAW","article":"28","source":"regex"}]},{"docId":"annotated-cedaw-gr20-reservations","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr20-reservations-0002","n":0,"idx":2,"text":"The Committee recommended that, in connection with preparations for the World Conference on Human Rights in 1993, States parties should:","isPreamble":true},{"docId":"annotated-cedaw-gr20-reservations","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr20-reservations-0003","n":2,"idx":3,"text":"(a) Raise the question of the validity and the legal effect of reservations to the Convention in the context of reservations to other human rights treaties;"},{"docId":"annotated-cedaw-gr20-reservations","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr20-reservations-0004","n":3,"idx":4,"text":"(b) Reconsider such reservations with a view to strengthening the implementation of all human rights treaties;"},{"docId":"annotated-cedaw-gr20-reservations","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr20-reservations-0005","n":4,"idx":5,"text":"(c) Consider introducing a procedure on reservations to the Convention comparable with that of other human rights treaties."},{"docId":"annotated-cedaw-gr5-tsm1","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr5-tsm1-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Taking note that the reports, the introductory remarks and the replies by States parties reveal that while significant progress has been achieved in regard to repealing or modifying discriminatory laws, there is still a need for action to be taken to implement fully the Convention by introducing measures to promote de facto equality between men and women, Recalling article 4.1 of the Convention","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"docId":"annotated-cedaw-gr5-tsm1","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr5-tsm1-0002","n":1,"idx":2,"text":"Recommends that States parties make more use of temporary special measures such as positive action, preferential treatment or quota systems to advance women’s integration into education, the economy, politics and employment."},{"docId":"annotated-cedaw-gr6-national-machinery","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr6-national-machinery-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Having considered the reports of States parties to the Convention on the Elimination of All Forms of Discrimination against Women, Noting United Nations General Assembly resolution 42/60 of 30 November 1987, Recommends that States parties:","isPreamble":true},{"docId":"annotated-cedaw-gr6-national-machinery","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr6-national-machinery-0002","n":1,"idx":2,"text":"1. Establish and/or strengthen effective national machinery, institutions and procedures, at a high level of Government, and with adequate resources, commitment and authority to: (a) Advise on the impact on women of all government policies; (b) Monitor the situation of women comprehensively; (c) Help formulate new policies and effectively carry out strategies and measures to eliminate discrimination;"},{"docId":"annotated-cedaw-gr6-national-machinery","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr6-national-machinery-0003","n":2,"idx":3,"text":"2. Take appropriate steps to ensure the dissemination of the Convention, the reports of the States parties under article 18 and the reports of the Committee in the language of the States concerned;","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr6-national-machinery","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr6-national-machinery-0004","n":3,"idx":4,"text":"3. Seek the assistance of the Secretary-General and the Department of Public Information in providing translations of the Convention and the reports of the Committee;"},{"docId":"annotated-cedaw-gr6-national-machinery","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr6-national-machinery-0005","n":4,"idx":5,"text":"4. Include in their initial and periodic reports the action taken in respect of this recommendation."},{"docId":"annotated-cedaw-gr7-resources","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr7-resources-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Noting General Assembly resolutions 40/39, 41/108 and in particular 42/60, paragraph 14, which invited the Committee and the States parties to consider the question of holding future sessions of the Committee at Vienna, Bearing in mind General Assembly resolution 42/105 and, in particular, paragraph 11, which requests the Secretary-General to strengthen coordination between the United Nations Centre for Human Rights and the Centre for Social Development and Humanitarian Affairs of the secretariat in relation to the implementation of human rights treaties and servicing treaty bodies, Recommends to the States parties:","isPreamble":true},{"docId":"annotated-cedaw-gr7-resources","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr7-resources-0002","n":1,"idx":2,"text":"1. That they continue to support proposals for strengthening the coordination between the Centre for Human Rights at Geneva and the Centre for Social Development and Humanitarian Affairs at Vienna, in relation to the servicing of the Committee;"},{"docId":"annotated-cedaw-gr7-resources","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr7-resources-0003","n":2,"idx":3,"text":"2. That they support proposals that the Committee meet in New York and Vienna;"},{"docId":"annotated-cedaw-gr7-resources","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr7-resources-0004","n":3,"idx":4,"text":"3. That they take all necessary and appropriate steps to ensure that adequate resources and services are available to the Committee to assist it in its functions under the Convention and in particular that full-time staff are available to help the Committee to prepare for its sessions and during its session;"},{"docId":"annotated-cedaw-gr7-resources","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr7-resources-0005","n":4,"idx":5,"text":"4. That they ensure that supplementary reports and materials are submitted to the Secretariat in due time to be translated into the official languages of the United Nations in time for distribution and consideration by the Committee."},{"docId":"annotated-cerd-gr1-obligations-art-4","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1972,"id":"annotated-cerd-gr1-obligations-art-4-0001","n":1,"idx":1,"text":"On the basis of the consideration at its fifth session of reports submitted by States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, the Committee found that the legislation of a number of States parties did not include the provisions envisaged in article 4 (a) and (b) of the Convention, the implementation of which (with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention) is obligatory under the Convention for all States parties.\nThe Committee accordingly recommends that the States parties whose legislation was deficient in this respect should consider, in accordance with their national legislative procedures, the question of supplementing their legislation with provisions conforming to the requirements of article 4 (a) and (b) of the Convention.","citedArticles":[{"article":"9","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'reports submitted by States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination' — unambiguously CERD art. 9."},{"article":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'article 4 (a) and (b) of the Convention' in a CERD GR by CERD committee; 'the Convention' = CERD throughout."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'the rights expressly set forth in article 5 of the Convention' — same CERD convention context."},{"article":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Second reference to 'article 4 (a) and (b) of the Convention' — CERD, same as above."}]},{"id":"annotated-cerd-gr11-non-citizens-0001","docId":"annotated-cerd-gr11-non-citizens","idx":1,"n":1,"text":"Article 1, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination defines racial discrimination. Article 1, paragraph 2, excepts from this definition actions by a State party which differentiate between citizens and non-citizens. Article 1, paragraph 3, qualifies article 1, paragraph 2, by declaring that, among non-citizens, States parties may not discriminate against any particular nationality","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr11-non-citizens-0002","docId":"annotated-cerd-gr11-non-citizens","idx":2,"n":2,"text":"The Committee has noted that article 1, paragraph 2, has on occasion been interpreted as absolving States parties from any obligation to report on matters relating to legislation on foreigners. The Committee therefore affirms that States parties are under an obligation to report fully upon legislation on foreigners and its implementation.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr11-non-citizens-0003","docId":"annotated-cerd-gr11-non-citizens","idx":3,"n":3,"text":"The Committee further affirms that article 1, paragraph 2, must not be interpreted to detract in any way from the rights and freedoms recognized and enunciated in other instruments, especially the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Home treaty is CERD and text explicitly discusses 'article 1, paragraph 2' of CERD in the context of CERD GR11 on non-citizens."}]},{"id":"annotated-cerd-gr13-training-0001","docId":"annotated-cerd-gr13-training","idx":1,"n":1,"text":"In accordance with article 2, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, States parties have undertaken that all public authorities and public institutions, national and local, will not engage in any practice of racial discrimination; further, States parties have undertaken to guarantee the rights listed in article 5 of the Convention to everyone without distinction as to race, colour or national or ethnic origin.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"annotated-cerd-gr13-training-0002","docId":"annotated-cerd-gr13-training","idx":2,"n":2,"text":"The fulfilment of these obligations very much depends upon national law enforcement officials who exercise police powers, especially the powers of detention or arrest, and upon whether they are properly informed about the obligations their State has entered into under the Convention. Law enforcement officials should receive intensive training to ensure that in the performance of their duties they respect as well as protect human dignity and maintain and uphold the human rights of all persons without distinction as to race, colour or national or ethnic origin.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993},{"id":"annotated-cerd-gr13-training-0003","docId":"annotated-cerd-gr13-training","idx":3,"n":3,"text":"In the implementation of article 7 of the Convention, the Committee calls upon States parties to review and improve the training of law enforcement officials so that the standards of the Convention as well as the Code of Conduct for Law Enforcement Officials (1979) are fully implemented. They should also include respective information thereupon in their periodic reports.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"annotated-cerd-gr14-non-discrimination-0001","docId":"annotated-cerd-gr14-non-discrimination","idx":1,"n":1,"text":"Non-discrimination, together with equality before the law and equal protection of the law without any discrimination, constitutes a basic principle in the protection of human rights. The Committee wishes to draw the attention of States parties to certain features of the definition of racial discrimination in article 1, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination. It is of the opinion that the words “based on” do not bear any meaning different from “on the grounds of” in preambular paragraph 7. A distinction is contrary to the Convention if it has either the purpose or the effect of impairing particular rights and freedoms. This is confirmed by the obligation placed upon States parties by article 2, paragraph 1 (c), to nullify any law or practice which has the effect of creating or perpetuating racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"annotated-cerd-gr14-non-discrimination-0002","docId":"annotated-cerd-gr14-non-discrimination","idx":2,"n":2,"text":"The Committee observes that a differentiation of treatment will not constitute discrimination if the criteria for such differentiation, judged against the objectives and purposes of the Convention, are legitimate or fall within the scope of article 1, paragraph 4, of the Convention. In considering the criteria that may have been employed, the Committee will acknowledge that particular actions may have varied purposes. In seeking to determine whether an action has an effect contrary to the Convention, it will look to see whether that action has an unjustifiable disparate impact upon a group distinguished by race, colour, descent, or national or ethnic origin.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr14-non-discrimination-0003","docId":"annotated-cerd-gr14-non-discrimination","idx":3,"n":3,"text":"Article 1, paragraph 1, of the Convention also refers to the political, economic, social and cultural fields; the related rights and freedoms are set up in article 5.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"docId":"annotated-cerd-gr2-obligations","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1973,"id":"annotated-cerd-gr2-obligations-0001","n":0,"idx":1,"text":"The Committee has considered some reports from States parties which expressed or implied the belief that the information mentioned in the Committee’s communication of 28 January 1970 (CERD/C/R.12), need not be supplied by States parties on whose territories racial discrimination does not exist.\nHowever, inasmuch as, in accordance with article 9, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, all States parties undertake to submit reports on the measures that they have adopted and that give effect to the provisions of the Convention and, since all the categories of information listed in the Committee’s communication of 28 January 1970 refer to obligations undertaken by the States parties under the Convention, that communication is addressed to all States parties without distinction, whether or not racial discrimination exists in their respective territories. The Committee welcomes the inclusion in the reports from all States parties, which have not done so, of the necessary information in conformity with all the headings set out in the aforementioned communication of the Committee.","isPreamble":true,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"annotated-cerd-gr22-refugee-0001","docId":"annotated-cerd-gr22-refugee","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nConscious of the fact that foreign military, non-military and/or ethnic conflicts have\nresulted in massive flows of refugees and the displacement of persons on the basis of ethnic\ncriteria in many parts of the world,\nConsidering that the Universal Declaration of Human Rights and the Convention on the\nElimination of All Forms of Racial Discrimination proclaim that all human beings are born free\nand equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out\ntherein, without distinction of any kind, in particular as to race, colour, descent or national or\nethnic origin,\nRecalling the 1951 Convention and the 1967 Protocol relating to the status of refugees as\nthe main source of the international system for the protection of refugees in general,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"isPreamble":true,"preambleSource":"hri-vol-II"},{"id":"annotated-cerd-gr22-refugee-0002","docId":"annotated-cerd-gr22-refugee","idx":2,"n":1,"text":"Draws the attention of States parties to article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination as well as the Committee’s general recommendation XX (48) on article 5, and reiterates that the Convention obliges States parties to prohibit and eliminate racial discrimination in the enjoyment of civil, political, economic, social and cultural rights and freedoms;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"annotated-cerd-gr22-refugee-0003","docId":"annotated-cerd-gr22-refugee","idx":3,"n":2,"text":"Emphasizes in this respect that:\n(a) All such refugees and displaced persons have the right freely to return to their homes of origin under conditions of safety;\n(b) States parties are obliged to ensure that the return of such refugees and displaced persons is voluntary and to observe the principle of non‑refoulement and non‑expulsion of refugees;\n(c) All such refugees and displaced persons have, after their return to their homes of origin, the right to have restored to them property of which they were deprived in the course of the conflict and to be compensated appropriately for any such property that cannot be restored to them. Any commitments or statements relating to such property made under duress are null and void;\n(d) All such refugees and displaced persons have, after their return to their homes of origin, the right to participate fully and equally in public affairs at all levels and to have equal access to public services and to receive rehabilitation assistance","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996},{"id":"annotated-cerd-gr26-article6-0001","docId":"annotated-cerd-gr26-article6","idx":1,"n":1,"text":"The Committee on the Elimination of Racial Discrimination believes that the degree to which acts of racial discrimination and racial insults damage the injured party’s perception of his/her own worth and reputation is often underestimated.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr26-article6-0002","docId":"annotated-cerd-gr26-article6","idx":2,"n":2,"text":"The Committee notifies States parties that, in its opinion, the right to seek just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination, which is embodied in article 6 of the Convention, is not necessarily secured solely by the punishment of the perpetrator of the discrimination; at the same time, the courts and other competent authorities should consider awarding financial compensation for damage, material or moral, suffered by a victim, whenever appropriate.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"citedArticles":[{"treaty":"CERD","article":"6","source":"regex"}]},{"docId":"annotated-cerd-gr3-reporting","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1972,"id":"annotated-cerd-gr3-reporting-0001","n":0,"idx":1,"text":"The Committee has considered some reports from States parties containing information about measures taken to implement resolutions of United Nations organs concerning relations with the racist regimes in southern Africa., The Committee notes that, in the tenth paragraph of the preamble to the International Convention on the Elimination of All Forms of Racial Discrimination, States parties have “resolved”, inter alia, “to build an international community free from all forms of racial segregation and racial discrimination”., It notes also that, in article 3 of the Convention, “States parties particularly condemn racial segregation and apartheid”., Furthermore, the Committee notes that, in resolution 2784 (XXVI), section III, the General Assembly, immediately after taking note with appreciation of the Committee’s second annual report and endorsing certain opinions and recommendations, submitted by it, proceeded to call upon “all the trading partners of South Africa to abstain from any action that constitutes an encouragement to the continued violation of the principles and objectives of the International Convention on the Elimination of All Forms of Racial Discrimination by South Africa and the illegal regime in Southern Rhodesia”., The Committee expresses the view that measures adopted on the national level to give effect to the provisions of the Convention are interrelated with measures taken on the international level to encourage respect everywhere for the principles of the Convention., The Committee welcomes the inclusion in the reports submitted under article 9, paragraph 1, of the Convention, by any State party which chooses to do so, of information regarding the status of its diplomatic, economic and other relations with the racist regimes in southern Africa.","isPreamble":true,"citedArticles":[{"treaty":"CERD","article":"3","source":"regex"},{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-174-0001","docId":"hri-gen-1-rev-9-vol-i-p-174","idx":1,"n":1,"text":"The Committee notes that article 2 of the Covenant generally leaves it to the States parties concerned to choose their method of implementation in their territories within the framework set out in that article. It recognizes, in particular, that the implementation does not depend solely on constitutional or legislative enactments, which in themselves are often not per se sufficient. The Committee considers it necessary to draw the attention of States parties to the fact that the obligation under the Covenant is not confined to the respect of human rights, but that States parties have also undertaken to ensure the enjoyment of these rights to all individuals under their jurisdiction. This aspect calls for specific activities by the States parties to enable individuals to enjoy their rights. This is obvious in a number of articles (e.g. article 3 which is dealt with in general comment No. 4 below), but in principle this undertaking relates to all rights set forth in the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-174-0002","docId":"hri-gen-1-rev-9-vol-i-p-174","idx":2,"n":2,"text":"In this connection, it is very important that individuals should know what their rights under the Covenant (and the Optional Protocol, as the case may be) are and also that all administrative and judicial authorities should be aware of the obligations which the State party has assumed under the Covenant. To this end, the Covenant should be publicized in all official languages of the State and steps should be taken to familiarize the authorities concerned with its contents as part of their training. It is desirable also to give publicity to the State party’s cooperation with the Committee.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"hri-gen-1-rev-9-vol-i-p-176-0001","docId":"hri-gen-1-rev-9-vol-i-p-176","idx":1,"n":1,"text":"Article 4 of the Covenant has posed a number of problems for the Committee when considering reports from some States parties. When a public emergency which threatens the life of a nation arises and it is officially proclaimed, a State party may derogate from a number of rights to the extent strictly required by the situation. The State party, however, may not derogate from certain specific rights and may not take discriminatory measures on a number of grounds. The State party is also under an obligation to inform the other States parties immediately, through the Secretary General, of the derogations it has made including the reasons therefor and the date on which the derogations are terminated.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-176-0002","docId":"hri-gen-1-rev-9-vol-i-p-176","idx":2,"n":2,"text":"States parties have generally indicated the mechanism provided in their legal systems for the declaration of a state of emergency and the applicable provisions of the law governing derogations. However, in the case of a few States which had apparently derogated from Covenant rights, it was unclear not only whether a state of emergency had been officially declared but also whether rights from which the Covenant allows no derogation had in fact not been derogated from and further whether the other States parties had been informed of the derogations and of the reasons for the derogations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"hri-gen-1-rev-9-vol-i-p-176-0003","docId":"hri-gen-1-rev-9-vol-i-p-176","idx":3,"n":3,"text":"The Committee holds the view that measures taken under article 4 are of an exceptional and temporary nature and may only last as long as the life of the nation concerned is threatened and that, in times of emergency, the protection of human rights becomes all the more important, particularly those rights from which no derogations can be made. The Committee also considers that it is equally important for States parties, in times of public emergency, to inform the other States parties of the nature and extent of the derogations they have made and of the reasons therefor and, further, to fulfil their reporting obligations under article 40 of the Covenant by indicating the nature and extent of each right derogated from together with the relevant documentation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-178-0001","docId":"hri-gen-1-rev-9-vol-i-p-178","idx":1,"n":1,"text":"In examining the reports of States parties, members of the Committee have often asked for further information under article 7 which prohibits, in the first place, torture or cruel, inhuman or degrading treatment or punishment. The Committee recalls that even in situations of public emergency such as are envisaged by article 4 (1) this provision is non derogable under article 4 (2). Its purpose is to protect the integrity and dignity of the individual. The Committee notes that it is not sufficient for the implementation of this article to prohibit such treatment or punishment or to make it a crime. Most States have penal provisions which are applicable to cases of torture or similar practices. Because such cases nevertheless occur, it follows from article 7, read together with article 2 of the Covenant, that States must ensure an effective protection through some machinery of control. Complaints about ill treatment must be investigated effectively by competent authorities. Those found guilty must be held responsible, and the alleged victims must themselves have effective remedies at their disposal, including the right to obtain compensation. Among the safeguards which may make control effective are provisions against detention incommunicado, granting, without prejudice to the investigation, persons such as doctors, lawyers and family members access to the detainees; provisions requiring that detainees should be held in places that are publicly recognized and that their names and places of detention should be entered in a central register available to persons concerned, such as relatives; provisions making confessions or other evidence obtained through torture or other treatment contrary to article 7 inadmissible in court; and measures of training and instruction of law enforcement officials not to apply such treatment.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"4","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"4","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-178-0002","docId":"hri-gen-1-rev-9-vol-i-p-178","idx":2,"n":2,"text":"As appears from the terms of this article, the scope of protection required goes far beyond torture as normally understood. It may not be necessary to draw sharp distinctions between the various prohibited forms of treatment or punishment. These distinctions depend on the kind, purpose and severity of the particular treatment. In the view of the Committee the prohibition must extend to corporal punishment, including excessive chastisement as an educational or disciplinary measure. Even such a measure as solitary confinement may, according to the circumstances, and especially when the person is kept incommunicado, be contrary to this article. Moreover, the article clearly protects not only persons arrested or imprisoned, but also pupils and patients in educational and medical institutions. Finally, it is also the duty of public authorities to ensure protection by the law against such treatment even when committed by persons acting outside or without any official authority. For all persons deprived of their liberty, the prohibition of treatment contrary to article 7 is supplemented by the positive requirement of article 10 (1) of the Covenant that they shall be treated with humanity and with respect for the inherent dignity of the human person.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","paragraph":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-178-0003","docId":"hri-gen-1-rev-9-vol-i-p-178","idx":3,"n":3,"text":"In particular, the prohibition extends to medical or scientific experimentation without the free consent of the person concerned (art. 7, second sentence). The Committee notes that the reports of States parties have generally given little or no information on this point. It takes the view that at least in countries where science and medicine are highly developed, and even for peoples and areas outside their borders if affected by their experiments, more attention should be given to the possible need and means to ensure the observance of this provision. Special protection in regard to such experiments is necessary in the case of persons not capable of giving their consent.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-182-0001","docId":"hri-gen-1-rev-9-vol-i-p-182","idx":1,"n":1,"text":"Not all reports submitted by States parties have provided sufficient information as to the implementation of article 20 of the Covenant. In view of the nature of article 20, States parties are obliged to adopt the necessary legislative measures prohibiting the actions referred to therein. However, the reports have shown that in some States such actions are neither prohibited by law nor are appropriate efforts intended or made to prohibit them. Furthermore, many reports failed to give sufficient information concerning the relevant national legislation and practice.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983,"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-182-0002","docId":"hri-gen-1-rev-9-vol-i-p-182","idx":2,"n":2,"text":"Article 20 of the Covenant states that any propaganda for war and any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. In the opinion of the Committee, these required prohibitions are fully compatible with the right of freedom of expression as contained in article 19, the exercise of which carries with it special duties and responsibilities. The prohibition under paragraph 1 extends to all forms of propaganda threatening or resulting in an act of aggression or breach of the peace contrary to the Charter of the United Nations, while paragraph 2 is directed against any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, whether such propaganda or advocacy has aims which are internal or external to the State concerned. The provisions of article 20, paragraph 1, do not prohibit advocacy of the sovereign right of self defence or the right of peoples to self determination and independence in accordance with the Charter of the United Nations. For article 20 to become fully effective there ought to be a law making it clear that propaganda and advocacy as described therein are contrary to public policy and providing for an appropriate sanction in case of violation. The Committee, therefore, believes that States parties which have not yet done so should take the measures necessary to fulfil the obligations contained in article 20, and should themselves refrain from any such propaganda or advocacy.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983,"citedArticles":[{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text: 'Article 20 of the Covenant states...' — 'the Covenant' in HRC general comment = ICCPR; context_before also references 'article 20 of the Covenant'."},{"article":"19","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text: 'fully compatible with the right of freedom of expression as contained in article 19' — same Covenant context, ICCPR art. 19 (freedom of expression)."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text: 'paragraph 2 is directed against...' and 'The provisions of article 20, paragraph 1' — ICCPR art. 20, same Covenant context."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text: 'For article 20 to become fully effective...' — ICCPR art. 20, same Covenant context."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text: 'obligations contained in article 20' — ICCPR art. 20, same Covenant context."}]},{"docId":"annotated-cedaw-gr2-reporting","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr2-reporting-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Bearing in mind that the Committee had been faced with difficulties in its work because some initial reports of States parties under article 18 of the Convention did not reflect adequately the information available in the State party concerned in accordance with the guidelines, Recommends:","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr2-reporting","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr2-reporting-0002","n":1,"idx":2,"text":"(a) That the States parties, in preparing reports under article 18 of the Convention, should follow the general guidelines adopted in August 1983 (CEDAW/C/7) as to the form, content and date of reports;","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr2-reporting","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr2-reporting-0003","n":2,"idx":3,"text":"(b) That the States parties should follow the general recommendation adopted in 1986 in these terms: “Initial reports submitted under article 18 of the Convention should cover the situation up to the date of submission. Thereafter, reports should be submitted at least every four years after the first report was due and should include obstacles encountered in implementing the Convention fully and the measures adopted to overcome such obstacles.”","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr2-reporting","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr2-reporting-0004","n":3,"idx":4,"text":"(c) That additional information supplementing the report of a State party should be sent to the Secretariat at least three months before the session at which the report is due to be considered."},{"docId":"annotated-cedaw-gr3-campaigns-edu","labels":["preamble"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"preambleSource":"hri-vol-II","id":"annotated-cedaw-gr3-campaigns-edu-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Considering that the Committee on the Elimination of Discrimination against Women has considered 34 reports from States parties since 1983, Further considering that, although the reports have come from States with different levels of development, they present features in varying degrees showing the existence of stereotyped conceptions of women, owing to sociocultural factors, that perpetuate discrimination based on sex and hinder the implementation of article 5 of the Convention","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"docId":"annotated-cedaw-gr3-campaigns-edu","labels":["preamble"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"preambleSource":"hri-vol-II","id":"annotated-cedaw-gr3-campaigns-edu-0002","n":1,"idx":2,"text":"Urges all States parties effectively to adopt education and public information programmes, which will help eliminate prejudices and current practices that hinder the full operation of the principle of the social equality of women."},{"docId":"annotated-cedaw-gr4-reservations","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr4-reservations-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Having examined reports from States parties at its sessions, Expressed concern in relation to the significant number of reservations that appeared to be incompatible with the object and purpose of the Convention","isPreamble":true},{"docId":"annotated-cedaw-gr4-reservations","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr4-reservations-0002","n":1,"idx":2,"text":"Welcomes the decision of the States parties to consider reservations at its next meeting in New York in 1988, and to that end suggests that all States parties concerned reconsider such reservations with a view to withdrawing them."},{"docId":"annotated-cedaw-gr8-art-8","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr8-art-8-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Having considered the reports of States parties submitted in accordance with article 18 of the Convention","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr8-art-8","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr8-art-8-0002","n":1,"idx":2,"text":"Recommends that States parties take further direct measures in accordance with article 4 of the Convention to ensure the full implementation of article 8 of the Convention and to ensure to women on equal terms with men and without any discrimination the opportunities to represent their Government at the international level and to participate in the work of international organizations.","citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"docId":"annotated-cedaw-gr9-statisticaldata","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr9-statisticaldata-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Considering that statistical information is absolutely necessary in order to understand the real situation of women in each of the States parties to the Convention, Having observed that many of the States parties that present their reports for consideration by the Committee do not provide statistics","isPreamble":true},{"docId":"annotated-cedaw-gr9-statisticaldata","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr9-statisticaldata-0002","n":1,"idx":2,"text":"Recommends that States parties should make every effort to ensure that their national statistical services responsible for planning national censuses and other social and economic surveys formulate their questionnaires in such a way that data can be disaggregated according to gender, with regard to both absolute numbers and percentages, so that interested users can easily obtain information on the situation of women in the particular sector in which they are interested."},{"docId":"annotated-cedaw-gr10-tenth-anniversary","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr10-tenth-anniversary-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Considering that 18 December 1989 marks the tenth anniversary of the adoption of the Convention on the Elimination of All Forms of Discrimination against Women, Considering further that in those 10 years the Convention has proved to be one of the most effective instruments that the United Nations has adopted to promote equality between the sexes in the societies of its States Members, Recalling General recommendation No. 6 (Seventh session, 1988) on effective national machinery and publicity, Recommends that, on the occasion of the tenth anniversary of the adoption of the Convention, the States parties should consider:","isPreamble":true},{"docId":"annotated-cedaw-gr10-tenth-anniversary","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr10-tenth-anniversary-0002","n":1,"idx":2,"text":"1. Undertaking programmes including conferences and seminars to publicize the Convention on the Elimination of All Forms of Discrimination against Women in the main languages of and providing information on the Convention in their respective countries;"},{"docId":"annotated-cedaw-gr10-tenth-anniversary","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr10-tenth-anniversary-0003","n":2,"idx":3,"text":"2. Inviting their national women’s organizations to cooperate in the publicity campaigns regarding the Convention and its implementation and encouraging non-governmental organizations at the national, regional and international levels to publicize the Convention and its implementation;"},{"docId":"annotated-cedaw-gr10-tenth-anniversary","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr10-tenth-anniversary-0004","n":3,"idx":4,"text":"3. Encouraging action to ensure the full implementation of the principles of the Convention, and in particular article 8, which relates to the participation of women at all levels of activity of the United Nations and the United Nations system;","citedArticles":[{"treaty":"CEDAW","article":"8","source":"regex"}]},{"docId":"annotated-cedaw-gr10-tenth-anniversary","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr10-tenth-anniversary-0005","n":4,"idx":5,"text":"4. Requesting the Secretary-General to commemorate the tenth anniversary of the adoption of the Convention by publishing and disseminating, in cooperation with the specialized agencies, printed and other materials regarding the Convention and its implementation in all official languages of the United Nations, preparing television documentaries about the Convention, and making the necessary resources available to the Division for the Advancement of Women, Centre for Social Development and Humanitarian Affairs of the United Nations Office at Vienna, to prepare an analysis of the information provided by States parties in order to update and publish the report of the Committee (A/CONF.116/13), which was first published for the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace, held at Nairobi in 1985."},{"docId":"annotated-cerd-gr16-article9","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr16-article9-0001","n":1,"idx":1,"text":"1. Under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, States parties have undertaken to submit, through the Secretary-General of the United Nations, for consideration by the Committee, reports on measures taken by them to give effect to the provisions of the Convention.","citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"docId":"annotated-cerd-gr16-article9","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr16-article9-0002","n":2,"idx":2,"text":"2. With respect to this obligation of the States parties, the Committee has noted that, on some occasions, reports have made references to situations existing in other States."},{"docId":"annotated-cerd-gr16-article9","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr16-article9-0003","n":3,"idx":3,"text":"3. For this reason, the Committee wishes to remind States parties of the provisions of article 9 of the Convention concerning the content of their reports, while bearing in mind article 11, which is the only procedural means available to States for drawing to the attention of the Committee situations in which they consider that some other State is not giving effect to the provisions of the Convention.","citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"11","source":"regex"}]},{"docId":"annotated-cerd-gr17-national-institutions","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr17-national-institutions-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Racial Discrimination, Considering the practice of States parties concerning the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, Convinced of the necessity to encourage further the establishment of national institutions to facilitate the implementation of the Convention, Emphasizing the need to strengthen further the implementation of the Convention","isPreamble":true},{"docId":"annotated-cerd-gr17-national-institutions","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr17-national-institutions-0002","n":1,"idx":2,"text":"1. Recommends that States parties establish national commissions or other appropriate bodies, taking into account, mutatis mutandis, the principles relating to the status of national institutions annexed to Commission on Human Rights resolution 1992/54 of 3 March 1992, to serve, inter alia, the following purposes: (a) To promote respect for the enjoyment of human rights without any discrimination, as expressly set out in article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination; (b) To review government policy towards protection against racial discrimination; (c) To monitor legislative compliance with the provisions of the Convention; (d) To educate the public about the obligations of States parties under the Convention; (e) To assist the Government in the preparation of reports submitted to the Committee on the Elimination of Racial Discrimination;","citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"docId":"annotated-cerd-gr17-national-institutions","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr17-national-institutions-0003","n":2,"idx":3,"text":"2. Also recommends that, where such commissions have been established, they should be associated with the preparation of reports and possibly included in government delegations in order to intensify the dialogue between the Committee and the State party concerned."},{"docId":"a-41-38","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1986,"id":"a-41-38-0001","n":1,"idx":1,"text":"Initial reports submitted under article 18 of the Convention should cover the situation up to the date of submission. Thereafter, reports should be submitted at least every four years after the first report was due and should include obstacles encountered in implementing the Convention fully and the measures adopted to overcome such obstacles.","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"a-49-18","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1994,"id":"a-49-18-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Racial Discrimination, Alarmed at the increasing number of racially and ethnically motivated massacres and atrocities occurring in different regions of the world, Convinced that the impunity of the perpetrators is a major factor contributing to the occurrence and recurrence of these crimes, Convinced of the need to establish, as quickly as possible, an international tribunal with general jurisdiction to prosecute genocide, crimes against humanity and grave breaches of the Geneva Conventions of 1949 and the Additional Protocols of 1977 thereto, Taking into account the work already done on this question by the International Law Commission and the encouragement given in this regard by the General Assembly in its resolution 48/31 of 9 December 1993, Also taking into account Security Council resolution 872 (1993) of 25 May 1993 establishing an international tribunal for the purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia","isPreamble":true},{"docId":"a-49-18","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1994,"id":"a-49-18-0002","n":1,"idx":2,"text":"1. Considers that an international tribunal with general jurisdiction should be established urgently to prosecute genocide, crimes against humanity, including murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecutions on political, racial and religious grounds and other inhumane acts directed against any civilian population, and grave breaches of the Geneva Conventions of 1949 and the Additional Protocols of 1977 thereto;"},{"docId":"a-49-18","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1994,"id":"a-49-18-0003","n":2,"idx":3,"text":"2. Urges the Secretary-General to bring the present recommendation to the attention of the competent organs and bodies of the United Nations, including the Security Council;"},{"docId":"a-49-18","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1994,"id":"a-49-18-0004","n":3,"idx":4,"text":"3. Requests the High Commissioner for Human Rights to ensure that all relevant information pertaining to the crimes referred to in paragraph 1 is systematically collected by the Centre for Human Rights so that it can be readily available to the international tribunal as soon as it is established."},{"id":"cerd-c-gc-40-0001","docId":"cerd-c-gc-40","idx":1,"n":1,"text":"In 2001, participants in the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance adopted, by consensus, the Durban Declaration and Programme of Action, in which they acknowledged that “slavery and the slave trade, including the transatlantic slave trade, were appalling tragedies in the history of humanity not only because of their abhorrent barbarism but also in terms of their magnitude, organized nature and especially their negation of the essence of the victims”. They also acknowledged that “slavery and the slave trade are a crime against humanity and should always have been so, especially the transatlantic slave trade, and are among the major sources and manifestations of racism, racial discrimination, xenophobia and related intolerance”. They further acknowledged that Africans and people of African descent, Asians and people of Asian descent, and Indigenous Peoples were victims of those acts and continued to be affected by their consequences.","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0002","docId":"cerd-c-gc-40","idx":2,"n":2,"text":"The adoption of the Durban Declaration and Programme of Action marked a watershed moment in a movement for reparatory justice and redress shaped and led by people of African descent and their organizations.[[fn:1]] The movement had roots in the early wars of resistance by enslaved people and in the abolition movement in Europe, during which major campaigns spread throughout the Americas, Asia, the Caribbean, Africa and parts of Europe, eventually leading to the abolition of trafficking in enslaved Africans and emancipation.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":1,"text":"Leading advocates included the Reparations Commission of the Caribbean Community (CARICOM), the Movement for Reparations for Afrodescendants of Brazil and the African Union."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0003","docId":"cerd-c-gc-40","idx":3,"n":3,"text":"Over time, the unfulfilled promises of emancipation and, in some cases, independence led to heightened regional and civil society engagement in demands for reparatory justice. This gave impetus to influential voices and mechanisms within the United Nations to advance more robust calls for reparatory justice.[[fn:2]] This Committee has consistently invoked the ongoing relevance and urgency of implementing the Durban Declaration and Programme of Action.[[fn:3]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":2,"text":"See A/78/317, A/HRC/54/68, A/HRC/60/70, A/HRC/60/72 and A/HRC/60/77."},{"n":3,"text":"See general recommendation No. 33 (2009) on follow-up to the Durban Review Conference."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0004","docId":"cerd-c-gc-40","idx":4,"n":4,"text":"The present general recommendation, together with the International Convention on the Elimination of All Forms of Racial Discrimination, offers authoritative guidance and clarity on the legal basis for State responsibility to provide reparatory justice for harms resulting from both direct and indirect involvement in the trafficking of enslaved Africans and in chattel slavery.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0005","docId":"cerd-c-gc-40","idx":5,"n":5,"text":"Racialized chattel slavery was a racially based system involving the forced transatlantic transportation of Africans, their hereditary enslavement and their treatment as property for commercial exploitation. Colonialism was integral to this system, while racism and racial discrimination underpinned and sustained its institutions and practices.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0006","docId":"cerd-c-gc-40","idx":6,"n":6,"text":"The focus on chattel slavery in the present general recommendation does not exclude comparable systems, including those involving southern Africa and routes across the Sahara and the Indian Ocean, including Mauritius and other east coast islands of Africa. The terms “slave trade” and “slavery” are used in their historical and legal contexts, consistent with established international instruments[[fn:4]] that prohibit slavery, servitude and the slave trade in all their forms. These references align with States Parties’ obligations, reaffirmed in international instruments and subsequent frameworks, to abolish slavery and related practices in all their forms.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":4,"text":"Notably the Slavery Convention, the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery and the International Covenant on Civil and Political Rights."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0007","docId":"cerd-c-gc-40","idx":7,"n":7,"text":"Consistent with its mandate to interpret and ensure implementation of the Convention, the Committee emphasizes that the elimination of racial discrimination cannot be effective, thorough or lasting without a full commitment to examining and redressing the harms and continuing consequences of the trafficking in enslaved Africans and racialized chattel slavery.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0008","docId":"cerd-c-gc-40","idx":8,"n":8,"text":"From the fifteenth to the nineteenth centuries, millions of Africans were forcibly captured and transported across the Atlantic and Indian Oceans for sale and enslavement as chattel. Historians and researchers differ in their assessments of the quantitative dimensions of trafficking in enslaved Africans, but the most recent estimates indicate that up to 15.4 million persons were uprooted, of whom only about 10.7 million survived the journey.[[fn:5]] Countless others perished as the result of murder, violence, exploitation, suicide or disease.[[fn:6]] This, the largest forced deportation in history, inflicted lasting harm on Africa, destabilizing societies, entrenching economic dependency, destroying cultures and causing immense loss. Over centuries, it reshaped both African and American societies through violence, exploitation, racism, colonialism, capitalism, resistance and rebellion.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":5,"text":"See https://www.slavevoyages.org/blog/the-transatlantic-slave-trade-database/166 and https://www.un.org/en/observances/decade-people-african-descent/slave-trade."},{"n":6,"text":"Many enslaved persons chose to jump ship rather than submit to slavery. Moreover, massacres have been documented. See, for example, the case of the slave ship Zong, the crew of which, in 1781, drowned over 100 captives (see https://www.britannica.com/event/Zong-massacre)."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0009","docId":"cerd-c-gc-40","idx":9,"n":9,"text":"Even before treaty law explicitly prohibited racialized transatlantic chattel slavery in the nineteenth century, the practice was already unlawful under several frameworks.[[fn:7]] While legal traditions vary in their approach to the passage of time and the handling of crimes or wrongs including transatlantic chattel slavery, many African legal and moral philosophies are guided by the distinct ethical premise that “a crime does not rot”.[[fn:8]] Within this framework, a crime does not become time-barred; therefore, no time limitation exists for the redressing of a wrong. Rather than viewing time as diminishing the significance of a violation, these traditions hold that time carries the wrong forward as a continuing present reality until there is reparation.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":7,"text":"Britta Redwood, “Illegal at inception: transatlantic chattel slavery, reparations, and international law”, Social Science Research Network, 26 August 2024."},{"n":8,"text":"The principle is commonly traced back to the Kouroukan Fouga (Manden Charter) of 1235 – the oral constitution of the Mali Empire."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0010","docId":"cerd-c-gc-40","idx":10,"n":10,"text":"While Portugal and Spain pioneered the transatlantic trafficking in enslaved Africans, Britain, France and the Netherlands, in contravention of their domestic norms, later imposed colonial slave codes that made chattel slavery permanent and hereditary. Unlike earlier forms of servitude, transatlantic chattel slavery targeted people by assumed race, promoted racial inferiority and treated human beings as property.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0011","docId":"cerd-c-gc-40","idx":11,"n":11,"text":"From its inception, the system also faced persistent objections from numerous African leaders, who used a variety of means to oppose transatlantic chattel slavery.[[fn:9]] Enslaved persons engaged in continuous escape strategies and day-to-day protests and even mounted armed rebellions.[[fn:10]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":9,"text":"World History Commons, “Excerpt of letter from Nzinga Mbemba to Portuguese King João III”; Sylviane A. Diouf, ed., Fighting the Slave Trade: West African Strategies (Woodbridge, Suffolk, Boydell and Brewer, 2017); and Adam Hochschild, King Leopold’s Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa (Boston, Massachusetts, Houghton Mifflin, 1999)."},{"n":10,"text":"Examples of resistance include the Maroon Wars (Jamaica), the Quilombo dos Palmares (Brazil) and the Stono Rebellion (South Carolina, United States of America)."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0012","docId":"cerd-c-gc-40","idx":12,"n":12,"text":"Colonial empires exported slavery to southern Africa, Mauritius and islands along the east coast of Africa. The transatlantic trafficking in Africans and chattel slavery were deeply connected to European colonial domination across Africa, the Americas, the Caribbean and Asia. The purported inferiority of Black people was systematically constructed and propagated through pseudoscientific research, legislation, public policy and institutional practices – including through the enforcement of “Black Codes” – to legitimize enslavement, exploitation and other forms of racial oppression.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0013","docId":"cerd-c-gc-40","idx":13,"n":13,"text":"Over at least four centuries, transatlantic chattel slavery became a vast, interdependent system involving State and non-State actors, including business enterprises, financial institutions and religious organizations. It began with the capture of Africans for sale and evolved into a global economy exploiting enslaved African labour for profit. Chattel slavery became an international illicit enterprise spanning precolonial societies, colonial powers and postcolonial settler colonies, all enriched by the labour of enslaved Africans in the “New World”. Supporting industries also thrived under colonial authority.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0014","docId":"cerd-c-gc-40","idx":14,"n":14,"text":"Independence in the “New World” did not always end chattel slavery. In some new States, slavery became even harsher and continued to enrich Europe and its successor settler colonies. As transatlantic trafficking in enslaved Africans grew in significance, it became financialized. Banks and insurance agencies, many of which still exist, gained prominence. They profited by financing voyages, insuring human cargo and managing debts tied to enslavement.[[fn:11]] Even after the adoption of treaties banning international trafficking in enslaved Africans,[[fn:12]] ships of slavers still arrived in the Americas and the Caribbean. Chattel slavery continued domestically, increasingly relying on forced procreation (“breeding”) to replenish labour as plantation conditions worsened and lifespans shortened.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":11,"text":"Eric Williams, Capitalism and Slavery (Raleigh, University of North Carolina Press, 1944),pp. 98–107."},{"n":12,"text":"For example, the Slavery Convention; the Declaration of the Eight Courts relative to the universal abolition of the slave trade; the Treaty between Great Britain, Austria, France, Prussia, and Russia, for the Suppression of the African Slave Trade; and the Convention Revising the General Act of Berlin of 26 February 1885 and the General Act and Declaration of Brussels of 2 July 1890."},{"n":13,"text":"The broad scope of ownership rights claimed over enslaved persons led to uniquely harsh slavery practices that violated the general principles of law – and the domestic law of the relevant countries – at the time (Patricia Viseur Sellers and Jocelyn Getgen Kestenbaum, “The international crimes of slavery and the slave trade: a feminist critique”, in Gender and International Criminal Law, Indira Rosenthal and others, eds. (Oxford, Oxford University Press, 2022))."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0015","docId":"cerd-c-gc-40","idx":15,"n":15,"text":"After de jure slavery ended, many societies created new forms of exploitation to preserve racial hierarchies. Former enslavers were compensated in France,[[fn:14]] the United Kingdom[[fn:15]] and the United States of America[[fn:16]] for “lost property” after abolition. Haiti was forced to pay France after its revolution, while Brazil implemented policies of monetary compensation for former enslavers. Laws and practices kept formerly enslaved people in subordinate roles through indentureship, sharecropping, prison labour, segregation and the criminalization of “vagrancy” or “idleness”, often enforced through violence and police brutality.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":14,"text":"Thomas Piketty, A Brief History of Equality (Cambridge, Massachusetts, Harvard University Press, 2022)."},{"n":15,"text":"Michael Anson and Michael D. Bennett, “The collection of slavery compensation 1835–43”, Staff Working Paper No. 1006 (London, Bank of England, 2022)."},{"n":16,"text":"On 16 April 1862, the President of the United States, Abraham Lincoln, signed the District of Columbia Compensated Emancipation Act to provide compensation to owners of enslaved people for their “lost property” when slavery was abolished."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0016","docId":"cerd-c-gc-40","idx":16,"n":16,"text":"It is within these contexts that people of African descent have, for generations, sought reparatory justice and redress for trafficking in enslaved Africans and racialized chattel slavery. In some instances, Governments of former colonial powers have repeatedly denied or delayed these efforts, and courts have ruled that claims for reparatory justice are legally untenable. These denials and delays have left State obligations unaddressed. Some States have nevertheless taken steps towards reparatory justice, including through formal acknowledgements and apologies, commemorative and educational initiatives, research and dedicated funding, although such measures do not necessarily amount to full and effective reparatory justice.[[fn:17]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":17,"text":"For example, the Government of the Kingdom of the Netherlands formally apologized for the role of the State in slavery and established a €200 million fund for measures addressing the history and continuing legacy of slavery, including education, research, commemoration, cultural heritage and community-based initiatives. See Kingdom of the Netherlands, “The government’s plans for addressing slavery and its historical legacy”; and King Willem-Alexander, speech made at the commemoration of the role of the Netherlands in the history of slavery, 1 July 2023, available at https://www.royal-house.nl/documents/2023/07/01/speech-by-king-willem-alexander-at-the-commemoration-of-the-role-of-the-netherlands-in-the-history-of-slavery."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0017","docId":"cerd-c-gc-40","idx":17,"n":17,"text":"Trafficking in enslaved Africans and racialized chattel slavery inflicted grave and systematic harms, including kidnapping, forced labour, extreme violence and inherited lifetime bondage. These acts normalized practices that are still reflected in contemporary infringements of the security of person, liberty, equality before the law and the full range of civil, political, economic, social and cultural rights in violation of article 5 of the Convention. Their legacies continue to shape contemporary laws, policies and institutions. Contemporary manifestations include racial profiling and the disproportionate use of force by law enforcement officials; racial disparities in criminal justice systems; and discriminatory laws, policies and institutional practices affecting access to housing, education, employment and healthcare.[[fn:18]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":18,"text":"General recommendation No. 34 (2011), paras. 50–65; general recommendation No. 36 (2020) on preventing and combating racial profiling by law enforcement officials, paras. 20 and 26–30; general recommendation No. 37 (2024) on equality and freedom from racial discrimination in the enjoyment of the right to health, paras. 13 and 43; and A/HRC/47/53, paras. 9–15 and 24–30."}],"section":["III. Harms and continuing consequences inflicted on individuals and groups"],"citedArticles":[{"treaty":"CERD","article":"5","source":"grammar"}]},{"id":"cerd-c-gc-40-0018","docId":"cerd-c-gc-40","idx":18,"n":18,"text":"Sexual and reproductive violence was integral to slavery. Enslaved women, girls and men were subjected to rape and other forms of sexual abuse and exploitation. Women and girls were also subjected to reproductive violence, including forced pregnancy and coerced breeding, which caused irreversible harm and deprived them of their dignity, bodily integrity and reproductive autonomy. Forced procreation also functioned as a commercial practice designed to increase enslaved populations for labour and sale, particularly following the abolition of trafficking in enslaved Africans. These practices perpetuated racial and sexual stereotypes and produced continuing consequences leading to intersecting and multiple forms of discrimination and disparities in the enjoyment of sexual and reproductive health rights.[[fn:19]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":19,"text":"General recommendation No. 37 (2024), para. 43; CERD/C/GBR/CO/24-26, paras. 43 and 44; and CERD/C/USA/CO/10-12, paras. 35 and 36."}],"section":["III. Harms and continuing consequences inflicted on individuals and groups"]},{"id":"cerd-c-gc-40-0019","docId":"cerd-c-gc-40","idx":19,"n":19,"text":"Enslaved persons, including children, were denied legal personality and judicial protection and excluded from civic and political life. Laws such as the Black Codes institutionalized dehumanization, imposed harms to the dignity of the person and legitimized racial violence.","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["III. Harms and continuing consequences inflicted on individuals and groups"]},{"id":"cerd-c-gc-40-0020","docId":"cerd-c-gc-40","idx":20,"n":20,"text":"The repealing of laws such as the Black Codes was not accompanied by positive measures dismantling racial hierarchies in practice. Post-slavery societies have continued to cause further harms to the dignity and material situations of people of African descent through exclusion from economic opportunities, political life and social mobility. Formerly enslaved persons were freed without compensation or support and were subjected to coercive labour regimes, vagrancy laws, racial terror and mass violence.[[fn:20]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":20,"text":"See, for the United States of America, Alex Albright and others, “After the burning: the economic effects of the 1921 Tulsa race massacre”, National Bureau of Economic Research Working Paper, No. 28985 (Cambridge, Massachusetts, July 2021); for Brazil, Brodwyn Fischer, A Poverty of Rights: Citizenship and Inequality in Twentieth-Century Rio de Janeiro (Stanford, California, Stanford University Press, 2008), Martine Jean, “‘Worthy of freedom’: abolitionist discourse on slavery, freedom, and imprisonment in late nineteenth-century Brazil”, Journal of Social History, vol. 52, No. 3 (2019) and Brodwyn Fischer, Keila Grinberg and Hebe Mattos, “Law, silence, and racialized inequalities in the history of Afro-Brazil”, in Afro-Latin American Studies: An Introduction, Alejandro de la Fuente and George Reid Andrews, eds. (Cambridge, United Kingdom of Great Britain and Northern Ireland, Cambridge University Press, 2018); and for Latin America more broadly, George Reid Andrews, Afro-Latin America, 1800–2000 (New York, Oxford University Press, 2004)."}],"section":["III. Harms and continuing consequences inflicted on individuals and groups"]},{"id":"cerd-c-gc-40-0021","docId":"cerd-c-gc-40","idx":21,"n":21,"text":"Anti-Black racism, created to sustain chattel slavery, has endured long after abolition. Its persistence – evident in discriminatory laws and unequal access to education, employment, housing and public services – continues to violate article 5 of the Convention and perpetuates structural inequality across generations.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["III. Harms and continuing consequences inflicted on individuals and groups"],"citedArticles":[{"treaty":"CERD","article":"5","source":"grammar"}]},{"id":"cerd-c-gc-40-0022","docId":"cerd-c-gc-40","idx":22,"n":22,"text":"Racial control mechanisms developed during chattel slavery remain embedded in contemporary institutions.[[fn:21]] Despite formal legal reforms, racialized violence, stereotyping and structural barriers continue to constrain, inter alia, educational attainment, economic mobility, health outcomes and environmental safety, producing enduring intergenerational disparities. The intergenerational psychosocial, health and economic harms rooted in enslavement have been reinforced by policies perpetuating anti-Black racism. These continuing violations informed the adoption of the Convention in 1965.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":21,"text":"Lukas Althoff and Hugo Reichardt, “Jim Crow and black economic progress after slavery”, The Quarterly Journal of Economics, vol. 139, No. 4 (November 2024)."}],"section":["III. Harms and continuing consequences inflicted on individuals and groups"]},{"id":"cerd-c-gc-40-0023","docId":"cerd-c-gc-40","idx":23,"n":23,"text":"Transatlantic chattel slavery also distorted global economic relations by distributing unjustly accumulated wealth across societies and borders, creating shared responsibility for its enduring effects. Centuries of stolen labour generated vast wealth that compounded over generations, producing extreme material inequality between those who benefited from chattel slavery and those who were harmed by it.[[fn:22]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":22,"text":"Joseph E. Inikori, Africans and the Industrial Revolution in England: A Study in International Trade and Economic Development (Cambridge, United Kingdom of Great Britain and Northern Ireland, Cambridge University Press, 2002); and Stephan Heblich, Stephen J. Redding and Hans-Joachim Voth, “Slavery and the British industrial revolution”, National Bureau of Economic Research Working Paper, No. 30451 (Cambridge, Massachusetts, 2023)."}],"section":["III. Harms and continuing consequences inflicted on individuals and groups"]},{"id":"cerd-c-gc-40-0024","docId":"cerd-c-gc-40","idx":24,"n":24,"text":"Racism and racial discrimination are rooted in colonialism, transatlantic chattel slavery, and the tools used to justify and maintain the exploitation of colonized peoples and enslaved Africans. Colonial systems established strict racial hierarchies, through which colonized peoples and Africans subjected to transatlantic chattel slavery were systematically exploited, as a means of rationalizing economic exploitation, resource theft and violence as a “civilizing mission”. These historical practices have had continuous effects and have directly contributed to contemporary systematic racial discrimination. The prohibition of racial discrimination is recognized as a peremptory norm of international law (jus cogens), giving rise to erga omnes obligations,[[fn:23]] reinforcing obligations to prevent, eliminate and remedy racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":23,"text":"A/CN.4/727, para. 102."}],"section":["IV. Normative framework"]},{"id":"cerd-c-gc-40-0025","docId":"cerd-c-gc-40","idx":25,"n":25,"text":"Under article 2 of the Convention, States Parties are required to eliminate racial discrimination in all its forms, to refrain from racial discrimination and to address de facto racial inequalities. Where the legacies and continuing consequences of the trafficking in enslaved Africans and racialized chattel slavery contribute to present-day racial discrimination or inequality, States Parties are required to acknowledge and address them through appropriate legislative, policy, special and remedial measures.[[fn:24]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":24,"text":"Articles on responsibility of States for internationally wrongful acts, art. 31 (Yearbook of the International Law Commission, 2001, vol. II (Part Two) and corrigendum, paras. 76 and 77)."}],"section":["IV. Normative framework"],"citedArticles":[{"treaty":"CERD","article":"2","source":"grammar"}]},{"id":"cerd-c-gc-40-0026","docId":"cerd-c-gc-40","idx":26,"n":26,"text":"Article 6 obliges States Parties to assure to everyone within their jurisdiction effective protection and remedies, including the right to seek just and adequate reparation or satisfaction for any damage suffered as a result of discrimination. In this context, the trafficking in enslaved Africans constitutes historical racialized injustices whose enduring consequences remain relevant to the implementation of the Convention. Where those consequences are manifested in continuing or contemporary racial discrimination, States Parties have the obligation under articles 2 and 6 of the Convention to address such violations and to provide reparatory justice – such as restitution, compensation and guarantees of non-repetition.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"CERD","article":"2","source":"grammar"},{"treaty":"CERD","article":"6","source":"grammar"}]},{"id":"cerd-c-gc-40-0027","docId":"cerd-c-gc-40","idx":27,"n":27,"text":"States that engaged in trafficking in enslaved Africans and racialized chattel slavery, however, have asserted that the practice was not unlawful prior to the nineteenth century, when treaties emerged that explicitly made those practices unlawful.[[fn:25]] Claims for reparatory justice based on actions during that period, they assert, must be barred by the principle of intertemporality, requiring that, for an act to be considered wrongful, a State must violate an international obligation in existence at the time of the breach.[[fn:26]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":25,"text":"For example, the Declaration of the Eight Courts relative to the universal abolition of the slave trade; the Treaty between Great Britain, Austria, France, Prussia, and Russia, for the Suppression of the African Slave Trade; and the Convention Revising the General Act of Berlin and the General Act and Declaration of Brussels."},{"n":26,"text":"“An act of a State does not constitute a breach of an international obligation unless the State is bound by the obligation in question at the time the act occurs.” (Articles on responsibility of States for internationally wrongful acts, art. 13)."}],"section":["IV. Normative framework"]},{"id":"cerd-c-gc-40-0028","docId":"cerd-c-gc-40","idx":28,"n":28,"text":"Under the intertemporality principle, the characterization of an act as internationally wrongful is governed by the international obligations binding on the State at the time the act occurred.[[fn:27]] This principle does not, however, preclude responsibility for conduct that continues after the relevant obligation has entered into force. In accordance with articles 14 and 15 of the articles on responsibility of States for internationally wrongful acts, a breach having a continuing character extends over the entire period during which the act continues and remains not in conformity with the international obligation, while a breach consisting of a composite act extends over the entire period starting with the first of the actions or omissions of the series and continues for as long as those actions or omissions are repeated.[[fn:28]] The continuing effects of a completed historical act do not, without more, constitute a continuing breach.[[fn:29]] Nevertheless, irrespective of the legal characterization of the original historical acts, States Parties remain bound by their present obligations under the Convention (arts. 2 and 6) to eliminate contemporary forms of racial discrimination and address structural inequalities and other continuing consequences linked to colonialism, the trafficking in enslaved Africans and racialized chattel slavery.[[fn:30]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":27,"text":"Articles on responsibility of States for internationally wrongful acts, art. 13, and paras. 1–5 of the commentary thereto."},{"n":28,"text":"Ibid., arts. 14 and 15, and the commentaries thereto. See also Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, I.C.J. Reports 1971, p. 16."},{"n":29,"text":"Articles on responsibility of States for internationally wrongful acts, para. 6 of the commentary to art. 14."},{"n":30,"text":"See also general recommendation No. 34 (2011), paras. 17–20."}],"section":["IV. Normative framework"],"citedArticles":[{"treaty":"?","article":"14","source":"opus","confidence":"high","rationale":"articles on responsibility of States for internationally wrongful acts (A/RES/56/83), not the Convention"},{"treaty":"?","article":"15","source":"opus","confidence":"high","rationale":"articles on responsibility of States for internationally wrongful acts (A/RES/56/83), not the Convention"},{"treaty":"CERD","article":"2","source":"grammar"},{"treaty":"CERD","article":"6","source":"grammar"}]},{"id":"cerd-c-gc-40-0029","docId":"cerd-c-gc-40","idx":29,"n":29,"text":"International law recognizes exceptions to the strict application of the intertemporality principle, particularly in the context of serious violations such as racial discrimination and slavery.[[fn:31]] International tribunals and human rights bodies have also recognized that the intertemporality principle is not absolute. Its application is subject to exceptions where strict adherence would undermine access to justice or perpetuate ongoing violations. The Committee emphasizes that States Parties must address the structural and lasting consequences of racial discrimination, regardless of the legal status of such acts at the time that they were committed.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":31,"text":"The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance has acknowledged these evolving legal standards and underscored that doctrines such as intertemporality should not be misapplied to shield States from responsibility for continuing violations. She has highlighted that “the pursuit and achievement of reparations for slavery and colonialism require a genuine ‘decolonization’ of the doctrines of international law that remain barriers to reparations” (A/74/321, para. 10; see also para. 32)."}],"section":["IV. Normative framework"]},{"id":"cerd-c-gc-40-0030","docId":"cerd-c-gc-40","idx":30,"n":30,"text":"The evolution of international legal norms, including the recognition of peremptory norms (jus cogens), has also resulted in the prohibition of racial discrimination and slavery. As such, even if certain practices were not explicitly prohibited by treaty at the time, general principles of law, customary international law and the later crystallization of jus cogens norms render such defence insufficient. By recognizing the persistence of systemic racism and its roots in historical slavery, the Committee considers that States Parties should take action today, including by adopting appropriate reparatory measures, regardless of the legal framework applicable at the time of the historical acts.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework"]},{"id":"cerd-c-gc-40-0031","docId":"cerd-c-gc-40","idx":31,"n":31,"text":"The right of individuals and groups[[fn:32]] to seek remedies and reparations for racial discrimination is firmly established under the Convention, notably in articles 2, 5, 6 and 14, which require States Parties to provide effective protection and remedies against acts of racial discrimination. This right is reinforced by other human rights treaties, such as the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as by the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, which reflect customary international law. These instruments obligate States to ensure restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition for victims of racial discrimination, addressing both individual and collective harms. The recognition of these rights under both treaty law and customary international law underscores the international community’s consensus that victims must have access to effective remedies and reparatory justice, as reflected in the jurisprudence of human rights bodies and courts.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":32,"text":"The legitimacy of collective remedies has been recognized by the Inter-American Court of Human Rights and the International Criminal Court in the light of the complexity of harms associated with wrongdoing, particularly with respect to widespread abuses perpetrated on a distinct group. In many such cases, collective reparations have been awarded in response to collective harms, even where the wrongdoing does not, in itself, constitute a breach of collective rights. The cultural bonds or collective experience of victims – as distinguished from the specific right breached – may justify collective awards (Inter-American Court of Human Rights, Case of the Moiwana Community v. Suriname, Judgment, 15 June 2005; Inter-American Court of Human Rights, Case of the Afro-descendant Communities Displaced from the Cacarica River Basin (Operation Genesis) v. Colombia, Judgment, 20 November 2013; and International Criminal Court, The Prosecutor v. Thomas Lubanga Dyilo, Decision, 7 August 2012)."}],"section":["IV. Normative framework","A. Right of individuals and groups to a remedy and reparatory justice"],"citedArticles":[{"treaty":"CERD","article":"2","source":"grammar"},{"treaty":"CERD","article":"5","source":"grammar"},{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"CERD","article":"14","source":"grammar"}]},{"id":"cerd-c-gc-40-0032","docId":"cerd-c-gc-40","idx":32,"n":32,"text":"The Convention requires States Parties to implement special measures that address both de jure and de facto racial discrimination and inequality and to provide effective remedies and reparations for violations of the Convention. While the Convention does not explicitly address reparatory justice for historical injustices, interpretations of its provisions repeatedly underscore the need to address effectively the legacies thereof, which continue to disadvantage people of African descent today.[[fn:33]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":33,"text":"General recommendation No. 34 (2011), para. 17."}],"section":["IV. Normative framework","A. Right of individuals and groups to a remedy and reparatory justice"]},{"id":"cerd-c-gc-40-0033","docId":"cerd-c-gc-40","idx":33,"n":33,"text":"Article 2 of the Convention recognizes that racial discrimination affects both individuals and groups, and that measures aimed at eliminating it, including reparatory measures, should protect and benefit both.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","A. Right of individuals and groups to a remedy and reparatory justice"],"citedArticles":[{"treaty":"CERD","article":"2","source":"grammar"}]},{"id":"cerd-c-gc-40-0034","docId":"cerd-c-gc-40","idx":34,"n":34,"text":"In this regard, the Committee recommends that structural measures be implemented as a matter of policy, thereby recognizing collective harms, even when harms to a specific individual have not been established.[[fn:34]] Article 6 guarantees that individuals and groups subjected to racial discrimination have the right to effective protection, remedies and just reparations through the competent national institutions. It obligates States Parties to provide accessible legal avenues for victims to seek redress, including compensation, restitution and other forms of satisfaction. Moreover, article 14 establishes a procedure that enables individuals and groups to bring complaints before the Committee if domestic remedies are insufficient, ensuring comprehensive protection and accountability.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":34,"text":"CERD/C/CUB/CO/19-21, paras. 17 and 18; and CERD/C/NLD/CO/22-24, para. 28."}],"section":["IV. Normative framework","A. Right of individuals and groups to a remedy and reparatory justice"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"CERD","article":"14","source":"grammar"}]},{"id":"cerd-c-gc-40-0035","docId":"cerd-c-gc-40","idx":35,"n":35,"text":"All forms of remedy and reparatory justice must be gender-responsive and transformative. They should recognize and address the distinct and intersecting harms experienced by women, men and persons with diverse gender identities, and the differential continuing consequences of such harms. Reparatory measures should be designed and implemented with the effective participation of those affected and should aim to address and transform the underlying structural inequalities and intersecting forms of discrimination that enable, perpetuate or exacerbate racial and gender discrimination.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","A. Right of individuals and groups to a remedy and reparatory justice"]},{"id":"cerd-c-gc-40-0036","docId":"cerd-c-gc-40","idx":36,"n":36,"text":"Article 2 of the Convention imposes broad and immediate obligations on States Parties to pursue, by all appropriate means and without delay, policies that eliminate racial discrimination in all its forms and promote understanding among all races. The article is action-oriented and multifaceted, serving as the fundamental statement of States Parties’ duties to implement the Convention and advance its goals.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","B. Special measures and reparatory justice for the legacies, harms and continuing consequences inflicted by transatlantic trafficking in enslaved Africans and racialized chattel slavery"],"citedArticles":[{"treaty":"CERD","article":"2","source":"grammar"}]},{"id":"cerd-c-gc-40-0037","docId":"cerd-c-gc-40","idx":37,"n":37,"text":"In its general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, the Committee underscored that the Convention was grounded in the principles of dignity and equality – encompassing both formal and substantive equality (para. 6). The Committee recognized that disparities requiring special measures often arose from historical circumstances that continued to deprive vulnerable groups of essential advantages needed for the full development of the human personality.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","B. Special measures and reparatory justice for the legacies, harms and continuing consequences inflicted by transatlantic trafficking in enslaved Africans and racialized chattel slavery"]},{"id":"cerd-c-gc-40-0038","docId":"cerd-c-gc-40","idx":38,"n":38,"text":"Article 2 (2) of the Convention affirms that States Parties must, when circumstances warrant, adopt special and concrete measures across social, economic, cultural and other fields to ensure the adequate development and protection of racial groups. These measures are essential to guarantee the full and equal enjoyment of human rights and fundamental freedoms. Reparatory justice programmes – including financial compensation, educational initiatives and institutional reforms – are explicitly supported within this framework. Such programmes are vital for dismantling entrenched inequalities and the harms rooted in chattel slavery and colonialism, and for advancing justice. In paragraph 7 of its general recommendation No. 34 (2011) on racial discrimination against people of African descent, the Committee observed that overcoming the structural discrimination affecting people of African descent called for the urgent adoption of special measures (affirmative action), as established in the Convention (arts. 1 (4) and 2 (2)).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","B. Special measures and reparatory justice for the legacies, harms and continuing consequences inflicted by transatlantic trafficking in enslaved Africans and racialized chattel slavery"],"citedArticles":[{"treaty":"CERD","article":"2","paragraph":"2","source":"grammar"},{"treaty":"CERD","article":"1","paragraph":"4","source":"grammar"},{"treaty":"CERD","article":"2","paragraph":"2","source":"grammar"}]},{"id":"cerd-c-gc-40-0039","docId":"cerd-c-gc-40","idx":39,"n":39,"text":"Article 2 is closely tied to obligations provided under other provisions. Article 5 requires States Parties to provide for equality in the exercise of civil, political, economic, social and cultural rights. While this list is extensive, it is not exhaustive. Article 1 requires that equality be guaranteed in “any other field of public life”. Article 3 obligates States Parties to prevent, prohibit and eradicate racial segregation and apartheid. Article 4 requires States Parties to condemn and criminalize racist hate speech and the dissemination of theories of racial superiority.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","B. Special measures and reparatory justice for the legacies, harms and continuing consequences inflicted by transatlantic trafficking in enslaved Africans and racialized chattel slavery"],"citedArticles":[{"treaty":"CERD","article":"2","source":"grammar"},{"treaty":"CERD","article":"5","source":"grammar"},{"treaty":"CERD","article":"1","source":"grammar"},{"treaty":"CERD","article":"3","source":"grammar"},{"treaty":"CERD","article":"4","source":"grammar"}]},{"id":"cerd-c-gc-40-0040","docId":"cerd-c-gc-40","idx":40,"n":40,"text":"Special measures must be informed by sensitivity to historical harms. States Parties should effectively acknowledge, in their policies and actions, the enduring negative effects of colonialism, the trafficking in enslaved Africans and racialized chattel slavery.[[fn:35]] The Committee has recognized that the need for special measures is often historically rooted.[[fn:36]] Where persistent inequalities stem from historical injustices, special measures and other appropriate reparatory measures can contribute to addressing those inequalities, including through the redistribution of resources and social capital, thereby fostering substantive equality and advancing reparatory justice.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":35,"text":"General recommendation No. 34 (2011), para. 17."},{"n":36,"text":"General recommendations No. 32 (2009), para. 22; and No. 34 (2011), paras. 18 and 20."}],"section":["IV. Normative framework","B. Special measures and reparatory justice for the legacies, harms and continuing consequences inflicted by transatlantic trafficking in enslaved Africans and racialized chattel slavery"]},{"id":"cerd-c-gc-40-0041","docId":"cerd-c-gc-40","idx":41,"n":41,"text":"Article 6 of the Convention requires States Parties to provide effective protection and remedies, through the competent tribunals and institutions, for any acts of racial discrimination and the related right to seek adequate reparation or satisfaction for any damage suffered as a result of such discrimination. This provision echoes language in other human rights instruments, such as article 8 of the Universal Declaration of Human Rights. Article 6 of the Convention articulates both procedural and substantive standards.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","C. Effective protection and remedies and the right to seek just and adequate reparation for acts of racial discrimination linked to the continuing consequences of historical injustices"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"?","article":"8","rationale":"grammar: UDHR","source":"grammar"},{"treaty":"CERD","article":"6","source":"grammar"}]},{"id":"cerd-c-gc-40-0042","docId":"cerd-c-gc-40","idx":42,"n":42,"text":"The Committee has interpreted article 6 to anticipate just reparations for harms to the dignity of the person. In its general recommendation No. 26 (2000) on article 6 of the Convention, the Committee observed that “the degree to which acts of racial discrimination and racial insults damage the injured party’s perception of his/her own worth and reputation is often underestimated” (para. 1). In the same general recommendation, the Committee clarifies that the right to seek just and adequate reparation or satisfaction should include awarding compensation for damage, material or moral, suffered by a victim (para. 2).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","C. Effective protection and remedies and the right to seek just and adequate reparation for acts of racial discrimination linked to the continuing consequences of historical injustices"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"CERD","article":"6","source":"grammar"}]},{"id":"cerd-c-gc-40-0043","docId":"cerd-c-gc-40","idx":43,"n":43,"text":"Dignity is not just a matter of being treated well or poorly: it is a matter of how people are treated in the light of the attitudes that prevail in their communities, including their own attitudes about their worth, standing or esteem relative to others and relative to the community as a whole.[[fn:37]] Notions of inherent racial status, especially racialized notions of supremacy and inferiority, undermine the ability of all persons to be treated with dignity and, indeed, sometimes even to perceive themselves as worthy of dignity. As part of the right to effective remedies, reparatory justice should aim to restore dignity by addressing the harms arising from the historical injustices, and counter racialized notions of superiority and inferiority.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":37,"text":"Robert Mark Simpson, “Dignity, harm, and hate speech”, Law and Philosophy, vol. 32, No. 6 (November 2013)."}],"section":["IV. Normative framework","C. Effective protection and remedies and the right to seek just and adequate reparation for acts of racial discrimination linked to the continuing consequences of historical injustices"]},{"id":"cerd-c-gc-40-0044","docId":"cerd-c-gc-40","idx":44,"n":44,"text":"The Committee has spoken in explicit terms about reparatory justice for colonialism, trafficking in enslaved Africans and transatlantic chattel slavery, recommending that States Parties undertake measures of restitution, compensation and satisfaction and make efforts to address the xenophobia and racism that remain enduring legacies of the past wrongs.[[fn:38]] It has recommended that State Parties integrate this history into school curricula and has called for formal apologies, the adoption of specific measures to address the lasting consequences of colonialism and transatlantic slavery and the repatriation of colonial objects, artefacts and human remains of ancestors. In addition, the Committee has highlighted the importance of dialogue between States Parties and people of African descent on the historical and continuing consequences of slavery and colonialism at the individual, community and societal levels.[[fn:39]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":38,"text":"For example, CERD/C/SWE/CO/24-25, paras. 46 and 47."},{"n":39,"text":"See CERD/C/MUS/CO/24-25, CERD/C/GBR/CO/24-26, CERD/C/DEU/CO/23-26 and CERD/C/ESP/CO/21-23."}],"section":["IV. Normative framework","C. Effective protection and remedies and the right to seek just and adequate reparation for acts of racial discrimination linked to the continuing consequences of historical injustices"]},{"id":"cerd-c-gc-40-0045","docId":"cerd-c-gc-40","idx":45,"n":45,"text":"Article 7 requires States Parties to take educational measures promoting knowledge of the history, culture and traditions of racial and ethnic groups, including people of African descent. The Committee emphasizes that balanced, objective historical accounts and public remembrance events are vital for inter-ethnic understanding.[[fn:40]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":40,"text":"General recommendation No. 35 (2013), paras. 30 and 35."}],"section":["IV. Normative framework","D. Education to combat the persistence of discriminatory attitudes and to promote durable inter-ethnic understanding"],"citedArticles":[{"treaty":"CERD","article":"7","source":"grammar"}]},{"id":"cerd-c-gc-40-0046","docId":"cerd-c-gc-40","idx":46,"n":46,"text":"Teaching about historical harms reveals the enduring nature of structural inequalities. The Committee, in its general recommendation No. 35 (2013) on combating racist hate speech, links inter-ethnic understanding to recognizing that current inequalities have historical and political roots. This awareness, if shared by both majority groups and people of African descent, is essential to addressing inequality and exclusion.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","D. Education to combat the persistence of discriminatory attitudes and to promote durable inter-ethnic understanding"]},{"id":"cerd-c-gc-40-0047","docId":"cerd-c-gc-40","idx":47,"n":47,"text":"The educational obligations in article 7 align with the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, which define satisfaction in reparations as including accurate accounts of violations in educational materials at all levels.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","D. Education to combat the persistence of discriminatory attitudes and to promote durable inter-ethnic understanding"],"citedArticles":[{"treaty":"CERD","article":"7","source":"grammar"}]},{"id":"cerd-c-gc-40-0048","docId":"cerd-c-gc-40","idx":48,"n":48,"text":"Victims’ voices must guide factual reconstructions of history through open, transparent and participatory review of archives. This process builds public trust and counters denialism. The goal is for victims and society to understand and accept the past, easing tensions and enabling peaceful coexistence.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","D. Education to combat the persistence of discriminatory attitudes and to promote durable inter-ethnic understanding"]},{"id":"cerd-c-gc-40-0049","docId":"cerd-c-gc-40","idx":49,"n":49,"text":"Articles 6 and 7 require States Parties to enact public policies supporting truth-telling and memorialization and to educate citizens about historical racial injustices. The Committee has repeatedly called for the history and legacies of slavery and colonialism to be taught, and for affected groups to contribute in schools and public discourse.[[fn:41]] Such measures should be consistent with the requirements of the Convention and of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":41,"text":"See CERD/C/NLD/CO/19-21, CERD/C/ESP/CO/21-23, CERD/C/GBR/CO/24-26, CERD/C/IRL/CO/5-9, CERD/C/NLD/CO/22-24, CERD/C/LUX/CO/18-20, CERD/C/BEN/CO/1-9, CERD/C/USA/CO/10-12, CERD/C/FRA/CO/22-23, CERD/C/ITA/CO/21, CERD/C/SEN/CO/19-23, CERD/C/MAR/CO/19-21, CERD/C/DEU/CO/23-26, CERD/C/PRT/CO/18-19, CERD/C/BRA/CO/18-20, CERD/C/ARG/CO/24-26, CERD/C/URY/CO/24-26 and CERD/C/KEN/CO/8-9."}],"section":["IV. Normative framework","D. Education to combat the persistence of discriminatory attitudes and to promote durable inter-ethnic understanding"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"CERD","article":"7","source":"grammar"}]},{"id":"cerd-c-gc-40-0050","docId":"cerd-c-gc-40","idx":50,"n":50,"text":"As analysed in section IV above, transatlantic chattel slavery constitutes historical wrongs whose effects continue to disadvantage people of African descent today.[[fn:42]] The passage of time and questions concerning the temporal application of particular international legal instruments should not be understood as preventing States from recognizing these historical injustices or adopting appropriate measures of reparatory justice and accountability for those crimes.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":42,"text":"General recommendation No. 34 (2011), para. 17."}],"section":["V. Obligations of States Parties and recommendations"]},{"id":"cerd-c-gc-40-0051","docId":"cerd-c-gc-40","idx":51,"n":51,"text":"The Committee recognizes that responsibility for chattel slavery does not exist only in its primary form. While some States bear direct responsibility for trafficking in enslaved Africans and racialized transatlantic chattel slavery, others may have benefited from, facilitated or contributed to sustaining the global economic and racial structures that emerged from these systems. At the same time, there are some States that neither engaged in nor benefited from these practices. Notwithstanding this distinction, all States have a responsibility to support reparatory justice for the legacies of these historical injustices, given their enduring global impacts. The legacies of slavery remain embedded in economic, social and institutional structures worldwide, perpetuating racialized inequalities and discrimination.[[fn:43]] The pervasive benefits accrued by many States – through participation in global trade networks, colonial economies and the international financial system – extend far beyond the borders of former slaveholding nations. Reparatory justice is about direct historical responsibility and a shared ethical and international commitment to address the continuing harms, dismantle structural racism and promote equality. International cooperation, solidarity and support for reforms and education on the legacies of chattel slavery and their links with contemporary forms of racial discrimination are essential for remedying the consequences of this grave injustice and fulfilling obligations under international human rights law.[[fn:44]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":43,"text":"A/HRC/42/59, paras. 27–32."},{"n":44,"text":"See General Assembly resolution 69/16 and the programme of activities for the implementation of the International Decade for People of African Descent annexed thereto, and Inter-American Commission on Human Rights, The Situation of People of African Descent in the Americas (2011)."}],"section":["V. Obligations of States Parties and recommendations"]},{"id":"cerd-c-gc-40-0052","docId":"cerd-c-gc-40","idx":52,"n":52,"text":"States Parties must implement comprehensive reparatory measures for people of African descent, covering all aspects of remedies.[[fn:45]] Reparatory justice should be comprehensive and grounded in international human rights law, combining a wide range of measures conceived as monetary, non-monetary and structural. States Parties must implement those measures through laws and policies, ensuring independent monitoring and evaluation. Reparatory justice must be aimed at dismantling the race-based hierarchical domination and subjugation within and across all institutions. The structural changes should be transformative in generating societies that meet the standards of equality required in articles 1 to 7 of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":45,"text":"See CERD/C/VAT/CO/16-23, CERD/C/PRT/CO/18-19, CERD/C/GBR/CO/24-26, CERD/C/BRA/CO/18-20, CERD/C/DEU/CO/23-26, CERD/C/ARG/CO/24-26 and CERD/C/URY/CO/24-26. Satisfaction to people of African descent can include the right to investigation and truth, public judgments and acknowledgements, apologies, acceptances of responsibility and public commemorations, including memorials and dedications of public spaces."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice"],"citedArticles":[{"treaty":"CERD","article":"1","source":"grammar"},{"treaty":"CERD","article":"7","source":"grammar"}]},{"id":"cerd-c-gc-40-0053","docId":"cerd-c-gc-40","idx":53,"n":53,"text":"Transformative reparatory justice must address past harms and their ongoing impact, using an intersectional and intergenerational approach. Gender sensitivity is essential and should be achieved through legislative, institutional and policy reforms.[[fn:46]] Reparatory justice should match the scale and duration of the harm caused by States’ failures.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":46,"text":"A/HRC/60/70, para. 69; and conference room paper on the promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers, paras. 294 and 303. Available at https://www.ohchr.org/sites/default/files/Documents/Issues/Racism/A_HRC_47_CRP_1.pdf."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice"]},{"id":"cerd-c-gc-40-0054","docId":"cerd-c-gc-40","idx":54,"n":54,"text":"Nationwide structures must ensure equal redress for people of African descent. Plans should recognize that truth, justice and reparatory justice for transatlantic chattel slavery and its legacies promote non-recurrence and benefit society as a whole.[[fn:47]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":47,"text":"Conference room paper on the promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers, para. 296."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice"]},{"id":"cerd-c-gc-40-0055","docId":"cerd-c-gc-40","idx":55,"n":55,"text":"States Parties must guarantee the meaningful, inclusive, safe, culturally appropriate and gender-sensitive participation of affected communities in the design of reparatory justice measures addressing the enduring inequalities resulting from trafficking in enslaved Africans and transatlantic chattel slavery.[[fn:48]] These measures must include participatory monitoring and implementation.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":48,"text":"See A/78/317 and A/HRC/60/70. See also Office of the United Nations High Commissioner for Human Rights (OHCHR), “How to effectively implement the right to participate in public affairs: a spotlight on people of African descent” (Geneva, 2023)."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","1. Ensuring the full and effective participation of people of African descent in designing and implementing reparatory justice"]},{"id":"cerd-c-gc-40-0056","docId":"cerd-c-gc-40","idx":56,"n":56,"text":"Participatory processes must be State-funded and led by people of African descent under an inclusive representation model.[[fn:49]] They should be iterative and constructive and should involve policymakers, ensuring that processes meet current and future needs. A safe environment for human rights defenders is essential, with risk assessments and protection measures put in place. Intersectional approaches – considering race, gender and disabilities – enhance protection.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":49,"text":"See, as a basis, Committee on the Elimination of Discrimination against Women, general recommendation No. 40 (2024) on the equal and inclusive representation of women in decision-making systems."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","1. Ensuring the full and effective participation of people of African descent in designing and implementing reparatory justice"]},{"id":"cerd-c-gc-40-0057","docId":"cerd-c-gc-40","idx":57,"n":57,"text":"States Parties must ensure that reparatory justice includes measures to increase the representation of people of African descent at all levels in institutions and policymaking as a guarantee of non-repetition.[[fn:50]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":50,"text":"CERD/C/NIC/CO/15-21, para. 31; CERD/C/NLD/CO/19-21, para. 16 (a); CERD/C/ESP/CO/21-23, para. 30 (a); CERD/C/MRT/CO/8-14, para. 12 (b); CERD/C/MEX/CO/18-21, para. 17 (a); CERD/C/GTM/CO/16-17, para. 30; CERD/C/COL/CO/17-19, para. 17 (e); CERD/C/NLD/CO/22-24, para. 28; CERD/C/BRA/CO/18-20, para. 60; CERD/C/PRT/CO/18-19, para. 30 (a); CERD/C/ARG/CO/24-26, para. 21 (b); and CERD/C/IRQ/CO/26-27, para. 23."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","1. Ensuring the full and effective participation of people of African descent in designing and implementing reparatory justice"]},{"id":"cerd-c-gc-40-0058","docId":"cerd-c-gc-40","idx":58,"n":58,"text":"Pursuant to the object and purpose of the Convention, States Parties are required to investigate and disclose the full truth about transatlantic chattel slavery. Victims have a right to know the truth,[[fn:51]] which is tied to the right to remedy, including effective investigation, fact verification and public disclosure. The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law mandate fact verification and full public disclosure (para. 22 (b)). States Parties should see this duty as part of the right to information and of their obligations under the Convention to educate against prejudice and combat hate speech and racism.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":51,"text":"See Human Rights Commission resolution 2005/66."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","2. Guaranteeing full public disclosure of the truth about trafficking in enslaved Africans and racialized chattel slavery, its harms and continuing consequences"]},{"id":"cerd-c-gc-40-0059","docId":"cerd-c-gc-40","idx":59,"n":59,"text":"States Parties who were involved in transatlantic chattel slavery must promptly release all information needed to reconstruct the full historical record, including details on events, responsible individuals and institutions, beneficiaries and victims. They must preserve and guarantee full, free and effective access to archives and records relating to human rights and humanitarian law violations, including records concerning violations committed against enslaved persons, with a view to ensuring the right to truth. States Parties should support and fund efforts to create an unbiased account of transatlantic chattel slavery and its lasting effects on Africans and their descendants.[[fn:52]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":52,"text":"Conference room paper on the promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers, para. 299. See also https://www.unesco.org/en/routes-enslaved-peoples."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","2. Guaranteeing full public disclosure of the truth about trafficking in enslaved Africans and racialized chattel slavery, its harms and continuing consequences"]},{"id":"cerd-c-gc-40-0060","docId":"cerd-c-gc-40","idx":60,"n":60,"text":"States Parties should establish independent commissions to investigate and establish the truth,[[fn:53]] ensuring that the commissions’ composition includes people of African descent and adheres to gender parity and that their mandates and working methods integrate a strong gender perspective.[[fn:54]] Such commissions should have the authority to compel testimony and disclosure from both public and private actors that are apt to satisfy the rights to truth, justice, reparation and non-recurrence. They must ensure a comprehensive historical record beyond State-held archives, which is key to public trust in the truth-seeking process. They also must receive funding that is commensurate to the mandate that they have to implement and be designed and implemented with the involvement of civil society.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":53,"text":"CERD/C/DOM/CO/13-14, para. 9; CERD/C/MUS/CO/15-19, para. 8; and CERD/C/MUS/CO/20-23, paras. 16 and 17."},{"n":54,"text":"OHCHR, Integrating a Gender Perspective into Human Rights Investigations: Guidance and Practice (New York and Geneva, 2018). See also A/75/174."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","2. Guaranteeing full public disclosure of the truth about trafficking in enslaved Africans and racialized chattel slavery, its harms and continuing consequences"]},{"id":"cerd-c-gc-40-0061","docId":"cerd-c-gc-40","idx":61,"n":61,"text":"Pursuant to articles 1, 2 (2) and 5 of the Convention, States Parties must take special measures to eliminate structural racism and inequalities resulting from transatlantic chattel slavery. States Parties should effectively acknowledge in their policies and actions the negative effects of the wrongs occasioned on people of African descent in the past.[[fn:55]] Denying effective reparatory justice is itself a distinct form of racial discrimination and violates article 2 (2) of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":55,"text":"General recommendation No. 34 (2011), para. 17."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","3. Addressing material and social inequalities stemming from the legacies of transatlantic chattel slavery"],"citedArticles":[{"treaty":"CERD","article":"1","source":"grammar"},{"treaty":"CERD","article":"2","paragraph":"2","source":"grammar"},{"treaty":"CERD","article":"5","source":"grammar"},{"treaty":"CERD","article":"2","paragraph":"2","source":"grammar"}]},{"id":"cerd-c-gc-40-0062","docId":"cerd-c-gc-40","idx":62,"n":62,"text":"States Parties must co-design special measure frameworks with people of African descent[[fn:56]] and avoid ending or weakening these measures before achieving equality.[[fn:57]] Special measures should continue as long as data and practice show that they are needed and effective. Reparatory justice should target disparities in morbidity, life expectancy, mortality, education, health and wealth, fostering a more equitable society.[[fn:58]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":56,"text":"CERD/C/USA/CO/10-12, para. 9."},{"n":57,"text":"CERD/C/GBR/CO/21-23, para. 13."},{"n":58,"text":"General recommendation No. 37 (2024), para. 53. In its general recommendation No. 34 (2011), the Committee observed that overcoming the structural discrimination affecting people of African descent called for the urgent adoption of special measures (affirmative action), as established in articles 1 (4) and 2 (2) of the Convention."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","3. Addressing material and social inequalities stemming from the legacies of transatlantic chattel slavery"]},{"id":"cerd-c-gc-40-0063","docId":"cerd-c-gc-40","idx":63,"n":63,"text":"While special measures are data-driven, comprehensive reparations must go beyond data analysis to address centuries of harm. Reparatory justice should be broader and more substantial than special measures alone. Reparatory justice must recognize the violations of dignity and dehumanization suffered by enslaved persons and address the continuing consequences of trafficking in enslaved Africans and chattel slavery. States Parties must address ongoing harms – economic marginalization, limited political participation and psychosocial trauma – through reparations and policy reforms.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","3. Addressing material and social inequalities stemming from the legacies of transatlantic chattel slavery"]},{"id":"cerd-c-gc-40-0064","docId":"cerd-c-gc-40","idx":64,"n":64,"text":"States Parties should prioritize reparatory justice for harms originating in transatlantic chattel slavery that have persisted or worsened since chattel slavery ended.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","3. Addressing material and social inequalities stemming from the legacies of transatlantic chattel slavery"]},{"id":"cerd-c-gc-40-0065","docId":"cerd-c-gc-40","idx":65,"n":65,"text":"In accordance with article 6 of the Convention, States Parties must ensure that their legal frameworks enable competent national tribunals and other State institutions to award and enforce appropriate forms of reparation and that people of African descent have effective access to the relevant procedures.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","4. Providing access to justice: effective protections, remedies and the right to seek just and adequate reparation"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"}]},{"id":"cerd-c-gc-40-0066","docId":"cerd-c-gc-40","idx":66,"n":66,"text":"Taking into consideration that international law recognizes that statutes of limitations do not prevent access to justice and effective remedies for gross human rights violations or crimes against humanity and that, as States acknowledged in the Durban Declaration and Programme of Action, “slavery and the slave trade are a crime against humanity and should always have been so, especially the transatlantic slave trade, and are among the major sources and manifestations of racism, racial discrimination, xenophobia and related intolerance”, States must recognize the long history of advocacy for justice by enslaved people since the start of transatlantic chattel slavery.[[fn:59]]","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":59,"text":"For example, the case of Belinda Sutton, who, in 1783, petitioned a Massachusetts court to grant her a pension from her enslaver’s estate as compensation for her unpaid labour (see https://www.ohchr.org/sites/default/files/documents/hrbodies/cerd/cfis/gr-reparations/subm-cerd-general-recommendation-ind-dr-adejoke-babington-ashaye.pdf)."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","4. Providing access to justice: effective protections, remedies and the right to seek just and adequate reparation"]},{"id":"cerd-c-gc-40-0067","docId":"cerd-c-gc-40","idx":67,"n":67,"text":"Claims for redress have persisted for centuries but have consistently been denied, including in recent times.[[fn:60]] States must respect the inherent dignity of claimants and recognize the challenges of providing evidence across generations. States Parties should not let evidentiary limitations prevent reparations, as material and moral damages are presumed from gross human rights violations.[[fn:61]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":60,"text":"In 2023, for instance, the Court of Cassation of France denied reparations on the grounds of standing and statutes of limitations to plaintiffs from Martinique (Appeal No. 22-13.457, Judgment, 5 July 2023)."},{"n":61,"text":"International Commission of Jurists, The Right to a Remedy and Reparation for Gross Human Rights Violations: A Practitioners’ Guide, revised ed. (Geneva, 2018), p. 213."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","4. Providing access to justice: effective protections, remedies and the right to seek just and adequate reparation"]},{"id":"cerd-c-gc-40-0068","docId":"cerd-c-gc-40","idx":68,"n":68,"text":"Access to justice and remedies must be gender-responsive, intersectional and transformative. States Parties should identify and remove the specific barriers faced by women and girls of African descent, including the risk of retaliation or revictimization. Procedures and remedies should address the distinct and intersecting racial and gender-based harms experienced by claimants, including sexual and reproductive violence and economic exploitation, and should be designed and implemented with their meaningful and safe participation.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","4. Providing access to justice: effective protections, remedies and the right to seek just and adequate reparation"]},{"id":"cerd-c-gc-40-0069","docId":"cerd-c-gc-40","idx":69,"n":69,"text":"All States Parties have the responsibility to contribute to full and effective reparatory justice for people of African descent. In fulfilling their obligations, States Parties should ensure the accountability and cooperation of non-State actors that participated in, facilitated or profited from the trafficking in enslaved Africans, racialized chattel slavery or related colonial practices. Such non-State actors should acknowledge their historical roles, accept responsibility for the harms to which they contributed and take appropriate measures to address their continuing consequences.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","5. Ensuring the accountability of non-State actors for their roles in the trafficking in enslaved Africans and racialized transatlantic chattel slavery and continuing consequences"]},{"id":"cerd-c-gc-40-0070","docId":"cerd-c-gc-40","idx":70,"n":70,"text":"States Parties should adopt appropriate legislative, administrative and policy measures to regulate and oversee relevant non-State actors and ensure their effective contribution to reparatory justice. They should require such actors to: investigate and disclose their historical involvement; provide free and effective access to relevant records and archives; engage in truth-telling; publicly acknowledge their roles and any benefits derived from those practices; and issue meaningful apologies, where appropriate. Appropriate safeguards should be established against obstruction, selective disclosure and the concealment, alteration or destruction of relevant records.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","5. Ensuring the accountability of non-State actors for their roles in the trafficking in enslaved Africans and racialized transatlantic chattel slavery and continuing consequences"]},{"id":"cerd-c-gc-40-0071","docId":"cerd-c-gc-40","idx":71,"n":71,"text":"Relevant non-State actors, including religious organizations, universities, business enterprises and banks, insurers and other financial institutions, should open up their relevant records and archives without undue cost or restriction and cooperate fully with truth-seeking and reparatory processes. They should also contribute, in a manner commensurate with their involvement and the benefits obtained, to appropriate reparatory measures, which may include restitution, compensation, rehabilitation, satisfaction, memorialization, educational and community-based initiatives and guarantees of non-repetition. Acknowledgements and apologies should be accompanied by concrete measures and should not substitute for other appropriate forms of reparatory justice.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","5. Ensuring the accountability of non-State actors for their roles in the trafficking in enslaved Africans and racialized transatlantic chattel slavery and continuing consequences"]},{"id":"cerd-c-gc-40-0072","docId":"cerd-c-gc-40","idx":72,"n":72,"text":"State and non-State institutions, including museums, universities, religious organizations and research bodies, should facilitate the return of cultural objects and ancestral human remains taken in connection with the trafficking in enslaved Africans, racialized chattel slavery and colonialism to the affected communities or their representative institutions. All measures under the present section should be designed, implemented and monitored with the meaningful, inclusive and safe participation of people of African descent and affected communities.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","5. Ensuring the accountability of non-State actors for their roles in the trafficking in enslaved Africans and racialized transatlantic chattel slavery and continuing consequences"]},{"id":"cerd-c-gc-40-0073","docId":"cerd-c-gc-40","idx":73,"n":73,"text":"States Parties are required to actively share the full, objective facts about transatlantic chattel slavery revealed by research. States Parties must foster public trust in these findings and ensure that they inform public discourse on current realities and future efforts to build a society based on equal rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"]},{"id":"cerd-c-gc-40-0074","docId":"cerd-c-gc-40","idx":74,"n":74,"text":"States Parties must provide effective education at all levels to promote knowledge of the history, culture and traditions of racial or ethnic groups, including people of African descent. This should encourage inter-ethnic understanding, accurately represent history – especially past atrocities – and include public commemorations for remembrance and healing.[[fn:62]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":62,"text":"General recommendation No. 35 (2013), paras. 34 and 35."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"]},{"id":"cerd-c-gc-40-0075","docId":"cerd-c-gc-40","idx":75,"n":75,"text":"States Parties are required, under article 4 of the Convention and in accordance with general recommendation No. 35 (2013), as well as joint general recommendations No. 38 and No. 39 of the Committee on the Elimination of Racial Discrimination/general comments No. 7 and No. 8 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (2025) on guidelines for eradicating xenophobia and its impacts on migrants and others perceived as such, to combat hate speech and to eradicate xenophobia and ideologies of racial superiority. They must act early to prevent prejudice and address misinformation about transatlantic chattel slavery and its ongoing harms to people of African descent.","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"],"citedArticles":[{"treaty":"CERD","article":"4","source":"grammar"}]},{"id":"cerd-c-gc-40-0076","docId":"cerd-c-gc-40","idx":76,"n":76,"text":"These measures should involve educating policymakers and the public on how transatlantic chattel slavery shaped current institutions and why reform is needed for the good of all. Elected officials should educate the public on the importance of reparatory justice for building a healthy, inclusive society.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"]},{"id":"cerd-c-gc-40-0077","docId":"cerd-c-gc-40","idx":77,"n":77,"text":"Public spaces should honour the contributions of people of African descent and clearly acknowledge the wrongs of those who supported or benefited from historical atrocities.[[fn:63]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":63,"text":"Conference room paper on the promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers, para. 300."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"]},{"id":"cerd-c-gc-40-0078","docId":"cerd-c-gc-40","idx":78,"n":78,"text":"States Parties must ensure that schoolbooks and curricula present accurate, unbiased accounts of transatlantic chattel slavery, its aftermath and current realities, based on thorough research.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"]},{"id":"cerd-c-gc-40-0079","docId":"cerd-c-gc-40","idx":79,"n":79,"text":"State Party actions must prioritize reparatory justice in the form of guarantees of non­repetition, according to which all States Parties must pursue without delay a just and equitable international order under international law[[fn:64]] towards ending racial discrimination against all peoples, including victims of transatlantic chattel slavery. This obligation to repair is owed to all States Parties, to all people of African descent and to society as a whole.[[fn:65]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":64,"text":"A/74/321, paras. 9 and 26. See also A/76/180, paras. 81–87."},{"n":65,"text":"Richard M. Buxbaum, “A legal history of international reparations”, Berkeley Journal of International Law, vol. 23, No. 2 (2005)."}],"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0080","docId":"cerd-c-gc-40","idx":80,"n":80,"text":"States Parties may seek reparations through restitution, compensation, cessation, guarantees of non-repetition, and satisfaction, including acknowledgement of responsibility and apologies.[[fn:66]] The scale and lasting impact of trafficking in enslaved Africans and transatlantic chattel slavery make full reparatory justice impossible and restitution incapable of fully addressing the harm caused.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":66,"text":"Articles on responsibility of States for internationally wrongful acts, arts. 30, 35, 36 and 37."}],"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0081","docId":"cerd-c-gc-40","idx":81,"n":81,"text":"States Parties must recognize their involvement in transatlantic chattel slavery,[[fn:67]] accept accountability and make reparations to injured States, the international community and people of African descent. This acknowledgement should guide inter-State negotiations on reparatory justice.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":67,"text":"CERD/C/FRA/CO/17-19, para. 8; CERD/C/VAT/CO/16-23, paras. 16 and 17;CERD/C/PRT/CO/18-19, para. 36 (c); and CERD/C/GBR/CO/24-26, para. 58 (c)."}],"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0082","docId":"cerd-c-gc-40","idx":82,"n":82,"text":"States should recognize the sovereignty and competence of States to demand reparatory justice for the harms caused by transatlantic chattel slavery and its enduring legacies and continuing harms to States, the international community and people of African descent.[[fn:68]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":68,"text":"See, for example, the CARICOM Ten-Point Plan for Reparatory Justice."}],"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0083","docId":"cerd-c-gc-40","idx":83,"n":83,"text":"Successor States to former colonies that continued domestic regimes of slavery must be held fully accountable for their direct actions and omissions. Those States that arguably may not bear responsibility for directly participating in transatlantic chattel slavery may still have failed in their duty to take effective measures to abolish it. They may be responsible for perpetuating or inadequately addressing the structural race-based inequalities that stem from the historical atrocities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0084","docId":"cerd-c-gc-40","idx":84,"n":84,"text":"The Convention requires that all States Parties repeal domestic laws and policies that perpetuate racism, racial hierarchies or discrimination or that hinder reparatory justice for the legacies of transatlantic chattel slavery. Such laws must be identified, acknowledged and condemned as neocolonial and repealed or revised immediately.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0085","docId":"cerd-c-gc-40","idx":85,"n":85,"text":"All States Parties should distribute the present general recommendation widely.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["VI. Additional recommendations"]},{"id":"cerd-c-gc-40-0086","docId":"cerd-c-gc-40","idx":86,"n":86,"text":"States Parties should, in consultation with people of African descent and reparation committees, create and implement national action plans on reparatory justice for transatlantic chattel slavery that are action-oriented and time-bound, with specific benchmarks aligned with the objectives of general recommendation No. 34 (2011) and the Durban Declaration and Programme of Action.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["VI. Additional recommendations"]},{"id":"cerd-c-gc-40-0087","docId":"cerd-c-gc-40","idx":87,"n":87,"text":"States Parties should include in their reports to the Committee under article 9 of the Convention information on action plans and other measures to provide reparatory justice to people of African descent for racial discrimination rooted in transatlantic chattel slavery.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["VI. Additional recommendations"],"citedArticles":[{"treaty":"CERD","article":"9","source":"grammar"}]},{"id":"cerd-c-gc-40-0088","docId":"cerd-c-gc-40","idx":88,"n":88,"text":"Reparatory justice will continue to be one of the Committee’s priorities in its interaction with States Parties and with regional bodies, in which it will continue to urge collaboration to turn commitments into action. The Committee acknowledges that some States and regional organizations have taken steps towards reparatory justice, including through acknowledgements and apologies, truth-seeking and historical research, memorialization and education, dedicated funding and the development of regional frameworks and action plans.[[fn:69]] While welcoming such initiatives, the Committee emphasizes that they should be developed and implemented in consultation with people of African descent and affected communities and should form part of comprehensive, effective and adequately resourced reparatory justice frameworks.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":69,"text":"See, for example, African Union Assembly decision 884 (XXXVII), in which the Assembly adopted “Justice for Africans and people of African descent through reparations” as the theme for 2025; the CARICOM Ten-Point Plan for Reparatory Justice (as revised in 2026); European Parliament resolution 2018/2899(RSP) on the fundamental rights of people of African descent in Europe; and the measures adopted by the Government of the Kingdom of the Netherlands following its apology for the State’s role in the history of slavery."}],"section":["VI. Additional recommendations"]}]
\ No newline at end of file
+[{"id":"a-53-44-0001","docId":"a-53-44","idx":1,"n":1,"text":"Article 3 is confined in its application to cases where there are substantial grounds for believing that the author would be in danger of being subjected to torture as defined in article 1 of the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"1","source":"regex"}]},{"id":"a-53-44-0002","docId":"a-53-44","idx":2,"n":2,"text":"The Committee is of the view that the phrase “another State” in article 3 refers to the State to which the individual concerned is being expelled, returned or extradited, as well as to any State to which the author may subsequently be expelled, returned or extradited.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"a-53-44-0003","docId":"a-53-44","idx":3,"n":3,"text":"Pursuant to article 1, the criterion, mentioned in article 3, paragraph 2, of “a consistent pattern or gross, flagrant or mass violations of human rights” refers only to violations by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"a-53-44-0004","docId":"a-53-44","idx":4,"n":4,"text":"The Committee is of the opinion that it is the responsibility of the author to establish a prima facie case for the purpose of admissibility of his or her communication under article 22 of the Convention by fulfilling each of the requirements of rule 107 of the rules of procedure of the Committee.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"a-53-44-0005","docId":"a-53-44","idx":5,"n":5,"text":"With respect to the application of article 3 of the Convention to the merits of a case, the burden is upon the author to present an arguable case. This means that there must be a factual basis for the author’s position sufficient to require a response from the State party.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"a-53-44-0006","docId":"a-53-44","idx":6,"n":6,"text":"Bearing in mind that the State party and the Committee are obliged to assess whether there are substantial grounds for believing that the author would be in danger of being subjected to torture were he/she to be expelled, returned or extradited, the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. However, the risk does not have to meet the test of being highly probable.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997},{"id":"a-53-44-0007","docId":"a-53-44","idx":7,"n":7,"text":"The author must establish that he/she would be in danger of being tortured and that the grounds for so believing are substantial in the way described, and that such danger is personal and present. All pertinent information may be introduced by either party to bear on this matter.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997},{"id":"a-53-44-0008","docId":"a-53-44","idx":8,"n":8,"text":"The following information, while not exhaustive, would be pertinent:\n(a) Is the State concerned one in which there is evidence of a consistent pattern of gross, flagrant or mass violations of human rights (see art. 3, para. 2)?\n(b) Has the author been tortured or maltreated by or at the instigation of or with the consent of acquiescence of a public official or other person acting in an official capacity in the past? If so, was this the recent past?\n(c) Is there medical or other independent evidence to support a claim by the author that he/she has been tortured or maltreated in the past? Has the torture had after-effects?\n(d) Has the situation referred to in (a) above changed? Has the internal situation in respect of human rights altered?\n(e) Has the author engaged in political or other activity within or outside the State concerned which would appear to make him/her particularly vulnerable to the risk of being placed in danger of torture were he/she to be expelled, returned or extradited to the State in question?\n(f) Is there any evidence as to the credibility of the author? (g) Are there factual inconsistencies in the claim of the author? If so, are they relevant?","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"a-53-44-0009","docId":"a-53-44","idx":9,"n":9,"text":"Bearing in mind that the Committee against Torture is not an appellate, a quasi-judicial or an administrative body, but rather a monitoring body created by the States parties themselves with declaratory powers only, it follows that:\n(a) Considerable weight will be given, in exercising the Committee’s jurisdiction pursuant to article 3 of the Convention, to findings of fact that are made by organs of the State party concerned; but\n(b) The Committee is not bound by such findings and instead has the power, provided by article 22, paragraph 4, of the Convention, of free assessment of the facts based upon the full set of circumstances in every case.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":1997,"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-2-0001","docId":"cat-c-gc-2","idx":1,"n":1,"text":"1. This general comment addresses the three parts of article 2, each of which identifies distinct interrelated and essential principles that undergird the Convention’s absolute prohibition against torture. Since the adoption of the Convention against Torture, the absolute and non-derogable character of this prohibition has become accepted as a matter of customary international law. The provisions of article 2 reinforce this peremptory jus cogens norm against torture and constitute the foundation of the Committee’s authority to implement effective means of prevention, including but not limited to those measures contained in the subsequent articles 3 to 16, in response to evolving threats, issues, and practices.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-2-0002","docId":"cat-c-gc-2","idx":2,"n":2,"text":"2. Article 2, paragraph 1, obliges each State party to take actions that will reinforce the prohibition against torture through legislative, administrative, judicial, or other actions that must, in the end, be effective in preventing it. To ensure that measures are in fact taken that are known to prevent or punish any acts of torture, the Convention outlines in subsequent articles obligations for the State party to take measures specified therein.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0003","docId":"cat-c-gc-2","idx":3,"n":3,"text":"3. The obligation to prevent torture in article 2 is wide-ranging. The obligations to prevent torture and other cruel, inhuman or degrading treatment or punishment (hereinafter “ill-treatment”) under article 16, paragraph 1, are indivisible, interdependent and interrelated. The obligation to prevent ill-treatment in practice overlaps with and is largely congruent with the obligation to prevent torture. Article 16, identifying the means of prevention of ill-treatment, emphasizes “in particular” the measures outlined in articles 10 to 13, but does not limit effective prevention to these articles, as the Committee has explained, for example, with respect to compensation in article 14. In practice, the definitional threshold between ill-treatment and torture is often not clear. Experience demonstrates that the conditions that give rise to ill-treatment frequently facilitate torture and therefore the measures required to prevent torture must be applied to prevent ill-treatment. Accordingly, the Committee has considered the prohibition of ill-treatment to be likewise non-derogable under the Convention and its prevention to be an effective and non-derogable measure. GE.08-40262GE.08-40262","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"16","source":"regex"},{"treaty":"CAT","article":"16","source":"regex"},{"treaty":"CAT","article":"10","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-2-0004","docId":"cat-c-gc-2","idx":4,"n":4,"text":"4. States parties are obligated to eliminate any legal or other obstacles that impede the eradication of torture and ill-treatment; and to take positive effective measures to ensure that such conduct and any recurrences thereof are effectively prevented. States parties also have the obligation continually to keep under review and improve their national laws and performance under the Convention in accordance with the Committee’s concluding observations and views adopted on individual communications. If the measures adopted by the State party fail to accomplish the purpose of eradicating acts of torture, the Convention requires that they be revised and/or that new, more effective measures be adopted. Likewise, the Committee’s understanding of and recommendations in respect of effective measures are in a process of continual evolution, as, unfortunately, are the methods of torture and ill-treatment.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008},{"id":"cat-c-gc-2-0005","docId":"cat-c-gc-2","idx":5,"n":5,"text":"5. Article 2, paragraph 2, provides that the prohibition against torture is absolute and non-derogable. It emphasizes that no exceptional circumstances whatsoever may be invoked by a State Party to justify acts of torture in any territory under its jurisdiction. The Convention identifies as among such circumstances a state of war or threat thereof, internal political instability or any other public emergency. This includes any threat of terrorist acts or violent crime as well as armed conflict, international or non-international. The Committee is deeply concerned at and rejects absolutely any efforts by States to justify torture and ill-treatment as a means to protect public safety or avert emergencies in these and all other situations. Similarly, it rejects any religious or traditional justification that would violate this absolute prohibition. The Committee considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["II. Absolute prohibition"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0006","docId":"cat-c-gc-2","idx":6,"n":6,"text":"6. The Committee reminds all States parties to the Convention of the non-derogable nature of the obligations undertaken by them in ratifying the Convention. In the aftermath of the attacks of 11 September 2001, the Committee specified that the obligations in articles 2 (whereby “no exceptional circumstances whatsoever…may be invoked as a justification of torture”), 15 (prohibiting confessions extorted by torture being admitted in evidence, except against the torturer), and 16 (prohibiting cruel, inhuman or degrading treatment or punishment) are three such provisions that “must be observed in all circumstances”[[fn:1]]. The Committee considers that articles 3 to 15 are likewise obligatory as applied to both torture and ill-treatment. The Committee recognizes that States parties may choose the measures through which they fulfill these obligations, so long as they are effective and consistent with the object and purpose of the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"footnotes":[{"n":1,"text":"On 22 November 2001, the Committee adopted a statement in connection with the events of 11 September which was sent to each State party to the Convention (A/57/44, paras. 17-18)."}],"section":["II. Absolute prohibition"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-2-0007","docId":"cat-c-gc-2","idx":7,"n":7,"text":"7. The Committee also understands that the concept of “any territory under its jurisdiction,” linked as it is with the principle of non-derogability, includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of a State party. The Committee emphasizes that the State’s obligation to prevent torture also applies to all persons who act, de jure or de facto, in the name of, in conjunction with, or at the behest of the State party. It is a matter of urgency that each State party should closely monitor its officials and those acting on its behalf and should identify and report to the Committee any incidents of torture or ill-treatment as a consequence of anti-terrorism measures, among others, and the measures taken to investigate, punish, and prevent further torture or ill-treatment in the future, with particular attention to the legal responsibility of both the direct perpetrators and officials in the chain of command, whether by acts of instigation, consent or acquiescence.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["II. Absolute prohibition"]},{"id":"cat-c-gc-2-0008","docId":"cat-c-gc-2","idx":8,"n":8,"text":"8. States parties must make the offence of torture punishable as an offence under its criminal law, in accordance, at a minimum, with the elements of torture as defined in article 1 of the Convention, and the requirements of article 4.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"4","source":"regex"}]},{"id":"cat-c-gc-2-0009","docId":"cat-c-gc-2","idx":9,"n":9,"text":"9. Serious discrepancies between the Convention’s definition and that incorporated into domestic law create actual or potential loopholes for impunity. In some cases, although similar language may be used, its meaning may be qualified by domestic law or by judicial interpretation and thus the Committee calls upon each State party to ensure that all parts of its Government adhere to the definition set forth in the Convention for the purpose of defining the obligations of the State. At the same time, the Committee recognizes that broader domestic definitions also advance the object and purpose of this Convention so long as they contain and are applied in accordance with the standards of the Convention, at a minimum. In particular, the Committee emphasizes that elements of intent and purpose in article 1 do not involve a subjective inquiry into the motivations of the perpetrators, but rather must be objective determinations under the circumstances. It is essential to investigate and establish the responsibility of persons in the chain of command as well as that of the direct perpetrator(s).","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"}]},{"id":"cat-c-gc-2-0010","docId":"cat-c-gc-2","idx":10,"n":10,"text":"10. The Committee recognizes that most States parties identify or define certain conduct as ill-treatment in their criminal codes. In comparison to torture, ill-treatment may differ in the severity of pain and suffering and does not require proof of impermissible purposes. The Committee emphasizes that it would be a violation of the Convention to prosecute conduct solely as ill-treatment where the elements of torture are also present.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"]},{"id":"cat-c-gc-2-0011","docId":"cat-c-gc-2","idx":11,"n":11,"text":"11. By defining the offence of torture as distinct from common assault or other crimes, the Committee considers that States parties will directly advance the Convention’s overarching aim of preventing torture and ill-treatment. Naming and defining this crime will promote the Convention’s aim, inter alia, by alerting everyone, including perpetrators, victims, and the public, to the special gravity of the crime of torture. Codifying this crime will also (a) emphasize the need for appropriate punishment that takes into account the gravity of the offence, (b) strengthen the deterrent effect of the prohibition itself, (c) enhance the ability of responsible officials to track the specific crime of torture and (d) enable and empower the public to monitor and, when required, to challenge State action as well as State inaction that violates the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"]},{"id":"cat-c-gc-2-0012","docId":"cat-c-gc-2","idx":12,"n":12,"text":"12. Through review of successive reports from States parties, the examination of individual communications, and monitoring of developments, the Committee has, in its concluding observations, articulated its understanding of what constitute effective measures, highlights of which we set forth here. In terms of both the principles of general application of article 2 and developments that build upon specific articles of the Convention, the Committee has recommended specific actions designed to enhance each State party’s ability swiftly and effectively to implement measures necessary and appropriate to prevent acts of torture and ill-treatment and thereby assist States parties in bringing their law and practice into full compliance with the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0013","docId":"cat-c-gc-2","idx":13,"n":13,"text":"13. Certain basic guarantees apply to all persons deprived of their liberty. Some of these are specified in the Convention, and the Committee consistently calls upon States parties to use them. The Committee’s recommendations concerning effective measures aim to clarify the current baseline and are not exhaustive. Such guarantees include, inter alia, maintaining an official register of detainees, the right of detainees to be informed of their rights, the right promptly to receive independent legal assistance, independent medical assistance, and to contact relatives, the need to establish impartial mechanisms for inspecting and visiting places of detention and confinement, and the availability to detainees and persons at risk of torture and ill-treatment of judicial and other remedies that will allow them to have their complaints promptly and impartially examined, to defend their rights, and to challenge the legality of their detention or treatment.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["III. Content of the obligation to take effective measures to prevent torture"]},{"id":"cat-c-gc-2-0014","docId":"cat-c-gc-2","idx":14,"n":14,"text":"14. Experience since the Convention came into force has enhanced the Committee’s understanding of the scope and nature of the prohibition against torture, of the methodologies of torture, of the contexts and consequences in which it occurs, as well as of evolving effective measures to prevent it in different contexts. For example, the Committee has emphasized the importance of having same sex guards when privacy is involved. As new methods of prevention (e.g. videotaping all interrogations, utilizing investigative procedures such as the Istanbul Protocol of 1999[[fn:2]], or new approaches to public education or the protection of minors) are discovered, tested and found effective, article 2 provides authority to build upon the remaining articles and to expand the scope of measures required to prevent torture.","labels":["LGBTI+"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"footnotes":[{"n":2,"text":"Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment."}],"section":["III. Content of the obligation to take effective measures to prevent torture"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0015","docId":"cat-c-gc-2","idx":15,"n":15,"text":"15. The Convention imposes obligations on States parties and not on individuals. States bear international responsibility for the acts and omissions of their officials and others, including agents, private contractors, and others acting in official capacity or acting on behalf of the State, in conjunction with the State, under its direction or control, or otherwise under colour of law. Accordingly, each State party should prohibit, prevent and redress torture and ill-treatment in all contexts of custody or control, for example, in prisons, hospitals, schools, institutions that engage in the care of children, the aged, the mentally ill or disabled, in military service, and other institutions as well as contexts where the failure of the State to intervene encourages and enhances the danger of privately inflicted harm. The Convention does not, however, limit the international responsibility that States or individuals can incur for perpetrating torture and ill-treatment under international customary law and other treaties.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["IV. Scope of State obligations and responsibility"]},{"id":"cat-c-gc-2-0016","docId":"cat-c-gc-2","idx":16,"n":16,"text":"16. Article 2, paragraph 1, requires that each State party shall take effective measures to prevent acts of torture not only in its sovereign territory but also “in any territory under its jurisdiction.” The Committee has recognized that “any territory” includes all areas where the State party exercises, directly or indirectly, in whole or in part, de jure or de facto effective control, in accordance with international law. The reference to “any territory” in article 2, like that in articles 5, 11, 12, 13 and 16, refers to prohibited acts committed not only on board a ship or aircraft registered by a State party, but also during military occupation or peacekeeping operations and in such places as embassies, military bases, detention facilities, or other areas over which a State exercises factual or effective control. The Committee notes that this interpretation reinforces article 5, paragraph 1 (b), which requires that a State party must take measures to exercise jurisdiction “when the alleged offender is a national of the State.” The Committee considers that the scope of “territory” under article 2 must also include situations where a State party exercises, directly or indirectly, de facto or de jure control over persons in detention.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["IV. Scope of State obligations and responsibility"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"5","source":"regex"},{"treaty":"CAT","article":"11","source":"regex"},{"treaty":"CAT","article":"12","source":"regex"},{"treaty":"CAT","article":"13","source":"regex"},{"treaty":"CAT","article":"16","source":"regex"},{"treaty":"CAT","article":"5","source":"regex"},{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0017","docId":"cat-c-gc-2","idx":17,"n":17,"text":"17. The Committee observes that States parties are obligated to adopt effective measures to prevent public authorities and other persons acting in an official capacity from directly committing, instigating, inciting, encouraging, acquiescing in or otherwise participating or being complicit in acts of torture as defined in the Convention. Thus, States parties should adopt effective measures to prevent such authorities or others acting in an official capacity or under colour of law, from consenting to or acquiescing in any acts of torture. The Committee has concluded that States parties are in violation of the Convention when they fail to fulfil these obligations. For example, where detention centres are privately owned or run, the Committee considers that personnel are acting in an official capacity on account of their responsibility for carrying out the State function without derogation of the obligation of State officials to monitor and take all effective measures to prevent torture and ill-treatment.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["IV. Scope of State obligations and responsibility"]},{"id":"cat-c-gc-2-0018","docId":"cat-c-gc-2","idx":18,"n":18,"text":"18. The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State’s indifference or inaction provides a form of encouragement and/or de facto permission. The Committee has applied this principle to States parties’ failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.","labels":["Women/girls"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["IV. Scope of State obligations and responsibility"]},{"id":"cat-c-gc-2-0019","docId":"cat-c-gc-2","idx":19,"n":19,"text":"19. Additionally, if a person is to be transferred or sent to the custody or control of an individual or institution known to have engaged in torture or ill-treatment, or has not implemented adequate safeguards, the State is responsible, and its officials subject to punishment for ordering, permitting or participating in this transfer contrary to the State’s obligation to take effective measures to prevent torture in accordance with article 2, paragraph 1. The Committee has expressed its concern when States parties send persons to such places without due process of law as required by articles 2 and 3.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["IV. Scope of State obligations and responsibility"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-2-0020","docId":"cat-c-gc-2","idx":20,"n":20,"text":"20. The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. Non-discrimination is included within the definition of torture itself in article 1, paragraph 1, of the Convention, which explicitly prohibits specified acts when carried out for “any reason based on discrimination of any kind…”. The Committee emphasizes that the discriminatory use of mental or physical violence or abuse is an important factor in determining whether an act constitutes torture.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["V. Protection for individuals and groups made vulnerable by discrimination or marginalization"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"}]},{"id":"cat-c-gc-2-0021","docId":"cat-c-gc-2","idx":21,"n":21,"text":"21. The protection of certain minority or marginalized individuals or populations especially at risk of torture is a part of the obligation to prevent torture or ill-treatment. States parties must ensure that, insofar as the obligations arising under the Convention are concerned, their laws are in practice applied to all persons, regardless of race, colour, ethnicity, age, religious belief or affiliation, political or other opinion, national or social origin, gender, sexual orientation, transgender identity, mental or other disability, health status, economic or indigenous status, reason for which the person is detained, including persons accused of political offences or terrorist acts, asylum-seekers, refugees or others under international protection, or any other status or adverse distinction. States parties should, therefore, ensure the protection of members of groups especially at risk of being tortured, by fully prosecuting and punishing all acts of violence and abuse against these individuals and ensuring implementation of other positive measures of prevention and protection, including but not limited to those outlined above.","labels":["Refugees & asylum-seekers","Indigenous peoples","LGBTI+"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["V. Protection for individuals and groups made vulnerable by discrimination or marginalization"]},{"id":"cat-c-gc-2-0022","docId":"cat-c-gc-2","idx":22,"n":22,"text":"22. State reports frequently lack specific and sufficient information on the implementation of the Convention with respect to women. The Committee emphasizes that gender is a key factor. Being female intersects with other identifying characteristics or status of the person such as race, nationality, religion, sexual orientation, age, immigrant status etc. to determine the ways that women and girls are subject to or at risk of torture or ill-treatment and the consequences thereof. The contexts in which females are at risk include deprivation of liberty, medical treatment, particularly involving reproductive decisions, and violence by private actors in communities and homes. Men are also subject to certain gendered violations of the Convention such as rape or sexual violence and abuse. Both men and women and boys and girls may be subject to violations of the Convention on the basis of their actual or perceived non-conformity with socially determined gender roles. States parties are requested to identify these situations and the measures taken to punish and prevent them in their reports.","labels":["Women/girls","Children"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["V. Protection for individuals and groups made vulnerable by discrimination or marginalization"]},{"id":"cat-c-gc-2-0023","docId":"cat-c-gc-2","idx":23,"n":23,"text":"23. Continual evaluation is therefore a crucial component of effective measures. The Committee has consistently recommended that States parties provide data disaggregated by age, gender and other key factors in their reports to enable the Committee to adequately evaluate the implementation of the Convention. Disaggregated data permits the States parties and the Committee to identify, compare and take steps to remedy discriminatory treatment that may otherwise go unnoticed and unaddressed. States parties are requested to describe, as far as possible, factors affecting the incidence and prevention of torture or ill-treatment, as well as the difficulties experienced in preventing torture or ill-treatment against specific relevant sectors of the population, such as minorities, victims of torture, children and women, taking into account the general and particular forms that such torture and ill-treatment may take.","labels":["Women/girls","Children"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["V. Protection for individuals and groups made vulnerable by discrimination or marginalization"]},{"id":"cat-c-gc-2-0024","docId":"cat-c-gc-2","idx":24,"n":24,"text":"24. Eliminating employment discrimination and conducting ongoing sensitization training in contexts where torture or ill-treatment is likely to be committed is also key to preventing such violations and building a culture of respect for women and minorities. States are encouraged to promote the hiring of persons belonging to minority groups and women, particularly in the medical, educational, prison/detention, law enforcement, judicial and legal fields, within State institutions as well as the private sector. States parties should include in their reports information on their progress in these matters, disaggregated by gender, race, national origin, and other relevant status.","labels":["Women/girls"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["V. Protection for individuals and groups made vulnerable by discrimination or marginalization"]},{"id":"cat-c-gc-2-0025","docId":"cat-c-gc-2","idx":25,"n":25,"text":"25. Articles 3 to 15 of the Convention constitute specific preventive measures that the States parties deemed essential to prevent torture and ill-treatment, particularly in custody or detention. The Committee emphasizes that the obligation to take effective preventive measures transcends the items enumerated specifically in the Convention or the demands of this general comment. For example, it is important that the general population be educated on the history, scope, and necessity of the non-derogable prohibition of torture and ill-treatment, as well as that law enforcement and other personnel receive education on recognizing and preventing torture and ill-treatment. Similarly, in light of its long experience in reviewing and assessing State reports on officially inflicted or sanctioned torture or ill-treatment, the Committee acknowledges the importance of adapting the concept of monitoring conditions to prevent torture and ill-treatment to situations where violence is inflicted privately. States parties should specifically include in their reports to the Committee detailed information on their implementation of preventive measures, disaggregated by relevant status.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["VI. Other preventive measures required by the Convention"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-2-0026","docId":"cat-c-gc-2","idx":26,"n":26,"text":"26. The non-derogability of the prohibition of torture is underscored by the long-standing principle embodied in article 2, paragraph 3, that an order of a superior or public authority can never be invoked as a justification of torture Thus, subordinates may not seek refuge in superior authority and should be held to account individually. At the same time, those exercising superior authority - including public officials - cannot avoid accountability or escape criminal responsibility for torture or ill-treatment committed by subordinates where they knew or should have known that such impermissible conduct was occurring, or was likely to occur, and they failed to take reasonable and necessary preventive measures. The Committee considers it essential that the responsibility of any superior officials, whether for direct instigation or encouragement of torture or ill-treatment or for consent or acquiescence therein, be fully investigated through competent, independent and impartial prosecutorial and judicial authorities. Persons who resist what they view as unlawful orders or who cooperate in the investigation of torture or ill-treatment, including by superior officials, should be protected against retaliation of any kind.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["VII. Superior orders"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-2-0027","docId":"cat-c-gc-2","idx":27,"n":27,"text":"27. The Committee reiterates that this general comment has to be considered without prejudice to any higher degree of protection contained in any international instrument or national law, as long as they contain, as a minimum, the standards of the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2008,"section":["VII. Superior orders"]},{"id":"cat-c-gc-3-0001","docId":"cat-c-gc-3","idx":1,"n":1,"text":"1. This general comment explains and clarifies to States parties the content and scope of the obligations under article 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Each State party is required to “ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.” The Committee considers that article 14 is applicable to all victims of torture and acts of cruel, inhuman or degrading treatment or punishment (hereafter “ill-treatment”) without discrimination of any kind, in line with the Committee’s general comment No. 2.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0002","docId":"cat-c-gc-3","idx":2,"n":2,"text":"2. The Committee considers that the term “redress” in article 14 encompasses the concepts of “effective remedy” and “reparation”. The comprehensive reparative concept therefore entails restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition and refers to the full scope of measures required to redress violations under the Convention.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0003","docId":"cat-c-gc-3","idx":3,"n":3,"text":"3. Victims are persons who have individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute violations of the Convention. A person should be considered a victim regardless of whether the perpetrator of the violation is identified, apprehended, prosecuted or convicted, and regardless of any familial or other relationship between the perpetrator and the victim. The term “victim” also includes affected immediate family or dependants of the victim as well as persons who have suffered harm in intervening to assist victims or to prevent victimization. The term “survivors” may, in some cases, be preferred by persons who have suffered harm. The Committee uses the legal term “victims” without prejudice to other terms which may be preferable in specific contexts.","labels":["Persons with disabilities"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012},{"id":"cat-c-gc-3-0004","docId":"cat-c-gc-3","idx":4,"n":4,"text":"4. The Committee emphasizes the importance of victim participation in the redress process, and that the restoration of the dignity of the victim is the ultimate objective in the provision of redress.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012},{"id":"cat-c-gc-3-0005","docId":"cat-c-gc-3","idx":5,"n":5,"text":"5. The obligations of States parties to provide redress under article 14 are two-fold: procedural and substantive. To satisfy their procedural obligations, States parties shall enact legislation and establish complaints mechanisms, investigation bodies and institutions, including independent judicial bodies, capable of determining the right to and awarding redress for a victim of torture and ill-treatment, and ensure that such mechanisms and bodies are effective and accessible to all victims. At the substantive level, States parties shall ensure that victims of torture or ill-treatment obtain full and effective redress and reparation, including compensation and the means for as full rehabilitation as possible.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0006","docId":"cat-c-gc-3","idx":6,"n":6,"text":"6. As stated in paragraph 2 above, redress includes the following five forms of reparation: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. The Committee recognizes the elements of full redress under international law and practice as outlined in the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines).[[fn:1]] Reparation must be adequate, effective and comprehensive. States parties are reminded that in the determination of redress and reparative measures provided or awarded to a victim of torture or ill-treatment, the specificities and circumstances of each case must be taken into consideration and redress should be tailored to the particular needs of the victim and be proportionate to the gravity of the violations committed against them. The Committee emphasizes that the provision of reparation has an inherent preventive and deterrent effect in relation to future violations.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"footnotes":[{"n":1,"text":"United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, General Assembly resolution 60/147."}],"section":["Substantive obligations: the scope of the right to redress"]},{"id":"cat-c-gc-3-0007","docId":"cat-c-gc-3","idx":7,"n":7,"text":"7. Where State authorities or others acting in their official capacity have committed, know or have reasonable grounds to believe that acts of torture or ill-treatment have been committed by non-State officials or private actors and failed to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors in accordance with the Convention, the State bears responsibility for providing redress for the victims (general comment No. 2).","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Substantive obligations: the scope of the right to redress"]},{"id":"cat-c-gc-3-0008","docId":"cat-c-gc-3","idx":8,"n":8,"text":"8. Restitution is a form of redress designed to re-establish the victim’s situation before the violation of the Convention was committed, taking into consideration the specificities of each case. The preventive obligations under the Convention require States parties to ensure that a victim receiving such restitution is not placed in a position where he or she is at risk of repetition of torture or ill-treatment. In certain cases, the victim may consider that restitution is not possible due to the nature of the violation; however the State shall provide the victim with full access to redress. For restitution to be effective, efforts should be made to address any structural causes of the violation, including any kind of discrimination related to, for example, gender, sexual orientation, disability, political or other opinion, ethnicity, age and religion, and all other grounds of discrimination.","labels":["Persons with disabilities","LGBTI+"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Restitution"]},{"id":"cat-c-gc-3-0009","docId":"cat-c-gc-3","idx":9,"n":9,"text":"9. The Committee emphasizes that monetary compensation alone may not be sufficient redress for a victim of torture and ill-treatment. The Committee affirms that the provision of monetary compensation only is inadequate for a State party to comply with its obligations under article 14.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Compensation"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0010","docId":"cat-c-gc-3","idx":10,"n":10,"text":"10. The right to prompt, fair and adequate compensation for torture or ill-treatment under article 14 is multi-layered and compensation awarded to a victim should be sufficient to compensate for any economically assessable damage resulting from torture or ill-treatment, whether pecuniary or non-pecuniary. This may include: reimbursement of medical expenses paid and provision of funds to cover future medical or rehabilitative services needed by the victim to ensure as full rehabilitation as possible; pecuniary and non-pecuniary damage resulting from the physical and mental harm caused; loss of earnings and earning potential due to disabilities caused by the torture or ill-treatment; and lost opportunities such as employment and education. In addition, adequate compensation awarded by States parties to a victim of torture or ill-treatment should provide for legal or specialist assistance, and other costs associated with bringing a claim for redress.","labels":["Persons with disabilities"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Compensation"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0011","docId":"cat-c-gc-3","idx":11,"n":11,"text":"11. The Committee affirms that the provision of means for as full rehabilitation as possible for anyone who has suffered harm as a result of a violation of the Convention should be holistic and include medical and psychological care as well as legal and social services. Rehabilitation, for the purposes of this general comment, refers to the restoration of function or the acquisition of new skills required as a result of the changed circumstances of a victim in the aftermath of torture or ill-treatment. It seeks to enable the maximum possible self-sufficiency and function for the individual concerned, and may involve adjustments to the person’s physical and social environment. Rehabilitation for victims should aim to restore, as far as possible, their independence, physical, mental, social and vocational ability; and full inclusion and participation in society.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Rehabilitation"]},{"id":"cat-c-gc-3-0012","docId":"cat-c-gc-3","idx":12,"n":12,"text":"12. The Committee emphasizes that the obligation of States parties to provide the means for “as full rehabilitation as possible” refers to the need to restore and repair the harm suffered by a victim whose life situation, including dignity, health and self-sufficiency may never be fully recovered as a result of the pervasive effect of torture. The obligation does not relate to the available resources of States parties and may not be postponed.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Rehabilitation"]},{"id":"cat-c-gc-3-0013","docId":"cat-c-gc-3","idx":13,"n":13,"text":"13. In order to fulfil its obligations to provide a victim of torture or ill-treatment with the means for as full rehabilitation as possible, each State party should adopt a long-term, integrated approach and ensure that specialist services for victims of torture or ill-treatment are available, appropriate and readily accessible. These should include: a procedure for the assessment and evaluation of individuals’ therapeutic and other needs, based on, inter alia, the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol); and may include a wide range of inter-disciplinary measures, such as medical, physical and psychological rehabilitative services; re-integrative and social services; community and family-oriented assistance and services; vocational training; education etc. A holistic approach to rehabilitation which also takes into consideration the strength and resilience of the victim is of utmost importance. Furthermore, victims may be at risk of re-traumatization and have a valid fear of acts which remind them of the torture or ill-treatment they have endured. Consequently, a high priority should be placed on the need to create a context of confidence and trust in which assistance can be provided. Confidential services should be provided as required.","labels":["Persons with disabilities"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Rehabilitation"]},{"id":"cat-c-gc-3-0014","docId":"cat-c-gc-3","idx":14,"n":14,"text":"14. The requirement in the Convention to provide these forms of rehabilitative services does not extinguish the need to provide medical and psychosocial services for victims in the direct aftermath of torture, nor does such initial care represent the fulfilment of the obligation to provide the means for as full rehabilitation as possible.","labels":["Persons with disabilities"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Rehabilitation"]},{"id":"cat-c-gc-3-0015","docId":"cat-c-gc-3","idx":15,"n":15,"text":"15. States parties shall ensure that effective rehabilitation services and programmes are established in the State, taking into account a victim’s culture, personality, history and background and are accessible to all victims without discrimination and regardless of a victim’s identity or status within a marginalized or vulnerable group, as illustrated in paragraph 32, including asylum seekers and refugees. States parties’ legislation should establish concrete mechanisms and programmes for providing rehabilitation to victims of torture or ill-treatment. Torture victims should be provided access to rehabilitation programmes as soon as possible following an assessment by qualified independent medical professionals. Access to rehabilitation programmes should not depend on the victim pursuing judicial remedies. The obligation in article 14 to provide for the means for as full rehabilitation as possible can be fulfilled through the direct provision of rehabilitative services by the State, or through the funding of private medical, legal and other facilities, including those administered by non-governmental organizations (NGOs), in which case the State shall ensure that no reprisals or intimidation are directed at them. The victim’s participation in the selection of the service provider is essential. Services should be available in relevant languages. States parties are encouraged to establish systems for assessing the effective implementation of rehabilitation programmes and services, including by using appropriate indicators and benchmarks.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Rehabilitation"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0016","docId":"cat-c-gc-3","idx":16,"n":16,"text":"16. Satisfaction should include, by way of and in addition to the obligations of investigation and criminal prosecution under articles 12 and 13 of the Convention, any or all of the following remedies: effective measures aimed at the cessation of continuing violations; verification of the facts and full and public disclosure of the truth to the extent that such disclosure does not cause further harm or threaten the safety and interests of the victim, the victim’s relatives, witnesses, or persons who have intervened to assist the victim or prevent the occurrence of further violations; the search for the whereabouts of the disappeared, for the identities of the children abducted, and for the bodies of those killed, and assistance in the recovery, identification, and reburial of victims’ bodies in accordance with the expressed or presumed wish of the victims or affected families; an official declaration or judicial decision restoring the dignity, the reputation and the rights of the victim and of persons closely connected with the victim; judicial and administrative sanctions against persons liable for the violations; public apologies, including acknowledgement of the facts and acceptance of responsibility; commemorations and tributes to the victims.","labels":["Children"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Satisfaction and the right to truth"],"citedArticles":[{"treaty":"CAT","article":"12","source":"regex"},{"treaty":"CAT","article":"13","source":"regex"}]},{"id":"cat-c-gc-3-0017","docId":"cat-c-gc-3","idx":17,"n":17,"text":"17. A State’s failure to investigate, criminally prosecute, or to allow civil proceedings related to allegations of acts of torture in a prompt manner, may constitute a de facto denial of redress and thus constitute a violation of the State’s obligations under article 14.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Satisfaction and the right to truth"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0018","docId":"cat-c-gc-3","idx":18,"n":18,"text":"18. Articles 1 to 16 of the Convention constitute specific preventive measures that the States parties deemed essential to prevent torture and ill-treatment. To guarantee non-repetition of torture or ill-treatment, States parties should undertake measures to combat impunity for violations of the Convention. Such measures include issuing effective, clear instructions to public officials on the provisions of the Convention, especially the absolute prohibition of torture. Other measures should include any or all of the following: civilian oversight of military and security forces; ensuring that all judicial proceedings abide by international standards of due process, fairness and impartiality; strengthening the independence of the judiciary; protecting human rights defenders and legal, health and other professionals who assist torture victims; establishing systems for regular and independent monitoring of all places of detention; providing, on a priority and continued basis, training for law enforcement officials as well as military and security forces on human rights law that includes the specific needs of marginalized and vulnerable populations and specific training on the Istanbul Protocol for health and legal professionals and law enforcement officials; promoting the observance of international standards and codes of conduct by public servants, including law enforcement, correctional, medical, psychological, social service and military personnel; reviewing and reforming laws contributing to or allowing torture and ill-treatment; ensuring compliance with article 3 of the Convention prohibiting refoulement; ensuring the availability of temporary services for individuals or groups of individuals, such as shelters for victims of gender-related or other torture or ill-treatment. The Committee notes that by taking measures such as those listed herein, States parties may also be fulfilling their obligations to prevent acts of torture under article 2 of the Convention. Additionally, guarantees of non-repetition offer important potential for the transformation of social relations that may be the underlying causes of violence and may include, but are not limited to, amending relevant laws, fighting impunity, and taking effective preventative and deterrent measures.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Guarantees of non-repetition"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"2","source":"regex"}]},{"id":"cat-c-gc-3-0019","docId":"cat-c-gc-3","idx":19,"n":19,"text":"19. Under article 2 of the Convention, States parties shall enact “effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.” As clarified by the Committee in its general comment No. 2, “States parties must make the offence of torture punishable as an offence under its criminal law, in accordance, at a minimum, with the elements of torture as defined in article 1 of the Convention, and the requirements of article 4.” The failure of States parties to enact legislation that clearly incorporates their obligations under the Convention and criminalizes torture and ill-treatment, and the resulting absences of torture and ill-treatment as criminal offences, obstructs the victim’s capacity to access and enjoy his or her rights guaranteed under article 14.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Legislation"],"citedArticles":[{"treaty":"CAT","article":"2","source":"regex"},{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"4","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0020","docId":"cat-c-gc-3","idx":20,"n":20,"text":"20. To give effect to article 14, States parties shall enact legislation specifically providing a victim of torture and ill-treatment with an effective remedy and the right to obtain adequate and appropriate redress, including compensation and as full rehabilitation as possible. Such legislation must allow for individuals to exercise this right and ensure their access to a judicial remedy. While collective reparation and administrative reparation programmes may be acceptable as a form of redress, such programmes may not render ineffective the individual right to a remedy and to obtain redress.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Legislation"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0021","docId":"cat-c-gc-3","idx":21,"n":21,"text":"21. States parties should ensure that their domestic laws provide that a victim who has suffered violence or trauma should benefit from adequate care and protection to avoid his or her re-traumatization in the course of legal and administrative procedures designed to provide justice and reparation.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Legislation"]},{"id":"cat-c-gc-3-0022","docId":"cat-c-gc-3","idx":22,"n":22,"text":"22. Under the Convention, States parties are required to prosecute or extradite alleged perpetrators of torture when they are found in any territory under its jurisdiction, and to adopt the necessary legislation to make this possible. The Committee considers that the application of article 14 is not limited to victims who were harmed in the territory of the State party or by or against nationals of the State party. The Committee has commended the efforts of States parties for providing civil remedies for victims who were subjected to torture or ill-treatment outside their territory. This is particularly important when a victim is unable to exercise the rights guaranteed under article 14 in the territory where the violation took place. Indeed, article 14 requires States parties to ensure that all victims of torture and ill-treatment are able to access remedy and obtain redress.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Legislation"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0023","docId":"cat-c-gc-3","idx":23,"n":23,"text":"23. The Committee has, in its concluding observations, identified other State obligations that shall be met in order to ensure that the article 14 rights of a victim are fully respected. In this regard, the Committee underscores the important relationship between States parties’ fulfilment of their obligations under article 12 and 13, and their obligation under article 14. According to article 12, States parties shall undertake prompt, effective and impartial investigations, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction as the result of its actions or omissions and, as set out in article 13 and affirmed by the Committee in its general comment No. 2, ensure that impartial and effective complaints mechanisms are established. Full redress cannot be obtained if the obligations under articles 12 and 13 are not guaranteed. Complaints mechanisms shall be made known and accessible to the public, including to persons deprived of their liberty, whether in detention, psychiatric facilities, or elsewhere, via, for example, telephone hotlines or confidential complaints boxes in detention facilities, and to persons belonging to vulnerable or marginalized groups, including those who may have limited communication abilities.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"12","source":"regex"},{"treaty":"CAT","article":"13","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"12","source":"regex"},{"treaty":"CAT","article":"13","source":"regex"},{"treaty":"CAT","article":"12","source":"regex"},{"treaty":"CAT","article":"13","source":"regex"}]},{"id":"cat-c-gc-3-0024","docId":"cat-c-gc-3","idx":24,"n":24,"text":"24. At the procedural level, States parties shall ensure the existence of institutions competent to render enforceable final decisions through a procedure established by law to enable victims of torture or ill-treatment to secure redress, including adequate compensation and rehabilitation.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"]},{"id":"cat-c-gc-3-0025","docId":"cat-c-gc-3","idx":25,"n":25,"text":"25. Securing the victim’s right to redress requires that a State party’s competent authorities promptly, effectively and impartially investigate and examine the case of any individual who alleges that she or he has been subjected to torture or ill-treatment. Such an investigation should include as a standard measure an independent physical and psychological forensic examination as provided for in the Istanbul Protocol. Undue delays in initiating or concluding legal investigations into complaints of torture or ill-treatment compromise victims’ rights under article 14 to obtain redress, including fair and adequate compensation and the means for as full rehabilitation as possible.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0026","docId":"cat-c-gc-3","idx":26,"n":26,"text":"26. Notwithstanding the evidentiary benefits to victims afforded by a criminal investigation, a civil proceeding and the victim’s claim for reparation should not be dependent on the conclusion of a criminal proceeding. The Committee considers that compensation should not be unduly delayed until criminal liability has been established. Civil liability should be available independently of criminal proceedings and the necessary legislation and institutions for such purpose should be in place. If criminal proceedings are required by domestic legislation to take place before civil compensation can be sought, then the absence of or undue delay in those criminal proceedings constitutes a failure on the part of the State party to fulfil its obligations under the Convention. Disciplinary action alone shall not be regarded as an effective remedy within the meaning of article 14.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0027","docId":"cat-c-gc-3","idx":27,"n":27,"text":"27. Under article 14, a State party shall ensure that victims of any act of torture or ill-treatment under its jurisdiction obtain redress. States parties have an obligation to take all necessary and effective measures to ensure that all victims of such acts obtain redress. This obligation includes an obligation for State parties to promptly initiate a process to ensure that victims obtain redress, even in the absence of a complaint, when there are reasonable grounds to believe that torture or ill-treatment has taken place.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0028","docId":"cat-c-gc-3","idx":28,"n":28,"text":"28. The Committee strongly encourages States parties to recognize the Committee’s competence to consider individual complaints under article 22 to allow victims to submit communications and seek the views of the Committee. The Committee furthermore encourages States parties to ratify or accede to the Optional Protocol to the Convention against Torture in order to strengthen preventive measures against torture and ill-treatment.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Effective mechanisms for complaints and investigations"],"citedArticles":[{"article":"22","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text: 'recognize the Committee's competence to consider individual complaints under article 22' — CAT GC by CAT committee; art. 22 = individual complaints procedure under CAT."}]},{"id":"cat-c-gc-3-0029","docId":"cat-c-gc-3","idx":29,"n":29,"text":"29. The Committee highlights the importance of the State party affirmatively ensuring that victims and their families are adequately informed of their right to pursue redress. In this regard, the procedures for seeking reparation should be transparent. The State party should moreover provide assistance and support to minimize the hardship to complainants and their representatives. Civil proceedings, or other proceedings, should not impose a financial burden upon victims that would prevent or discourage them from seeking redress. Where existing civil proceedings are unable to provide adequate redress to victims, the Committee recommends implementing mechanisms that are readily accessible to victims of torture and ill-treatment, including the establishment of a national fund to provide redress for victims of torture. Special measures should be adopted to ensure access by persons belonging to groups which have been marginalized or made vulnerable.","labels":["Persons with disabilities"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0030","docId":"cat-c-gc-3","idx":30,"n":30,"text":"30. Judicial remedies must always be available to victims, irrespective of what other remedies may be available, and should enable victim participation. States parties should provide adequate legal aid to those victims of torture or ill-treatment lacking the necessary resources to bring complaints and to make claims for redress. States parties shall also make readily available to the victims all evidence concerning acts of torture or ill-treatment upon the request of victims, their legal counsel, or a judge. A State party’s failure to provide evidence and information, such as records of medical evaluations or treatment, can unduly impair victims’ ability to lodge complaints and to seek redress, compensation and rehabilitation.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0031","docId":"cat-c-gc-3","idx":31,"n":31,"text":"31. The State party should also take measures to prevent interference with victims’ privacy and to protect victims, their families and witnesses and others who have intervened on their behalf against intimidation and retaliation at all times before, during and after judicial, administrative or other proceedings that affect the interests of victims. Failure to provide protection stands in the way of victims filing complaints and thereby violates the right to seek and obtain redress and remedy.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0032","docId":"cat-c-gc-3","idx":32,"n":32,"text":"32. The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. States parties shall ensure that access to justice and to mechanisms for seeking and obtaining redress are readily available and that positive measures ensure that redress is equally accessible to all persons regardless of race, colour, ethnicity, age, religious belief or affiliation, political or other opinion, national or social origin, gender, sexual orientation, gender identity, mental or other disability, health status, economic or indigenous status, reason for which the person is detained, including persons accused of political offences or terrorist acts, asylum-seekers, refugees or others under international protection, or any other status or adverse distinction, and including those marginalized or made vulnerable on bases such as those above. Culturally sensitive collective reparation measures shall be available for groups with shared identity, such as minority groups, indigenous groups, and others. The Committee notes that collective measures do not exclude the individual right to redress.","labels":["Refugees & asylum-seekers","Indigenous peoples","Women/girls"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0033","docId":"cat-c-gc-3","idx":33,"n":33,"text":"33. Judicial and non-judicial proceedings shall apply gender-sensitive procedures which avoid re-victimization and stigmatization of victims of torture or ill-treatment. With respect to sexual or gender-based violence and access to due process and an impartial judiciary, the Committee emphasizes that in any proceedings, civil or criminal, to determine the victim’s right to redress, including compensation, rules of evidence and procedure in relation to gender-based violence must afford equal weight to the testimony of women and girls, as should be the case for all other victims, and prevent the introduction of discriminatory evidence and harassment of victims and witnesses. The Committee considers that complaints mechanisms and investigations require specific positive measures which take into account gender aspects in order to ensure that victims of abuses such as sexual violence and abuse, rape, marital rape, domestic violence, female genital mutilation and trafficking are able to come forward and seek and obtain redress.","labels":["Women/girls"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0034","docId":"cat-c-gc-3","idx":34,"n":34,"text":"34. To avoid re-victimization and stigmatization of victims of torture or ill-treatment, the protections outlined in the preceding paragraph equally apply to any person marginalized or made vulnerable on the basis of identities and groups such as those examples listed under the principle of non-discrimination in paragraph 32. In judicial and non-judicial proceedings sensitivity must be exercised toward any such person. Accordingly, the Committee notes that judicial personnel must receive specific training on the various impacts of torture and ill-treatment, including those on victims from marginalized and vulnerable groups, and on how to exercise sensitivity towards victims of torture and ill-treatment, including in the form of sexual or gender-based discrimination, in order to prevent re-victimization and stigmatization.","labels":["Women/girls"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0035","docId":"cat-c-gc-3","idx":35,"n":35,"text":"35. The Committee considers the training of relevant police, prison staff, medical personnel, judicial personnel and immigration personnel, including training on the Istanbul Protocol, to be fundamental to ensuring effective investigations. Furthermore, officials and personnel involved in efforts to obtain redress should receive methodological training in order to prevent re-traumatization of victims of torture or ill-treatment. This training should include, for health and medical personnel, the need to inform victims of gender-based and sexual violence and all other forms of discrimination of the availability of emergency medical procedures, both physical and psychological. The Committee also urges States parties to establish human rights offices within police forces, and units of officers specifically trained to handle cases of gender-based and sexual violence, including sexual violence perpetrated against men and boys, and violence against children and ethnic, religious, national or other minorities and other marginalized or vulnerable groups.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0036","docId":"cat-c-gc-3","idx":36,"n":36,"text":"36. The Committee furthermore underlines the importance of appropriate procedures being made available to address the needs of children, taking into account the best interests of the child and the child’s right to express his or her views freely in all matters affecting him or her, including judicial and administrative proceedings, and of the views of the child being given due weight in accordance with the age and maturity of the child. States parties should ensure the availability of child-sensitive measures for reparation which foster the health and dignity of the child.","labels":["Children"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Access to mechanisms for obtaining redress"]},{"id":"cat-c-gc-3-0037","docId":"cat-c-gc-3","idx":37,"n":37,"text":"37. A crucial component of the right to redress is the clear acknowledgement by the State party concerned that the reparative measures provided or awarded to a victim are for violations of the Convention, by action or omission. The Committee is therefore of the view that a State party may not implement development measures or provide humanitarian assistance as a substitute for redress for victims of torture or ill-treatment. The failure of a State party to provide the individual victim of torture with redress may not be justified by invoking a State’s level of development. The Committee recalls that subsequent governments as well as successor States still have the obligation to guarantee access to the right of redress.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"]},{"id":"cat-c-gc-3-0038","docId":"cat-c-gc-3","idx":38,"n":38,"text":"38. States parties to the Convention have an obligation to ensure that the right to redress is effective. Specific obstacles that impede the enjoyment of the right to redress and prevent effective implementation of article 14 include, but are not limited to: inadequate national legislation, discrimination with regard to accessing complaints and investigation mechanisms and procedures for remedy and redress; inadequate measures for securing the custody of alleged perpetrators, State secrecy laws, evidential burdens and procedural requirements that interfere with the determination of the right to redress; statutes of limitations, amnesties and immunities; the failure to provide sufficient legal aid and protection measures for victims and witnesses; as well as the associated stigma, and the physical, psychological and other related effects of torture and ill-treatment. In addition, the failure of a State party to execute judgements providing reparative measures for a victim of torture, handed down by national, international or regional courts, constitutes a significant impediment to the right to redress. States parties should develop coordinated mechanisms to enable victims to execute judgements across State lines, including recognizing the validity of court orders from other States parties and assisting in locating the assets of perpetrators.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0039","docId":"cat-c-gc-3","idx":39,"n":39,"text":"39. With regard to the obligations in article 14, States parties shall ensure both de jure and de facto access to timely and effective redress mechanisms for members of groups marginalized and/or made vulnerable, avoid measures that impede the ability of members of such groups to seek and obtain redress, and address formal or informal obstacles that they may face in obtaining redress. These may include, for example, inadequate judicial or other procedures for quantifying damages which may have a negative disparate impact on such individuals in accessing or keeping money. As the Committee has emphasized in its general comment No. 2, “gender is a key factor. Being female intersects with other identifying characteristics or status of the person…to determine the ways that women and girls are subject to or at risk of torture or ill-treatment”. States parties shall ensure due attention to gender in providing all the elements cited above in the process of ensuring that everybody, in particular members of groups made vulnerable, including lesbian, gay, bisexual and transgender (LGBT) people, must be treated fairly and equally and obtain fair and adequate compensation, rehabilitation and other reparative measures which respond to their specific needs.","labels":["Women/girls","Children","LGBTI+"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0040","docId":"cat-c-gc-3","idx":40,"n":40,"text":"40. On account of the continuous nature of the effects of torture, statutes of limitations should not be applicable as these deprive victims of the redress, compensation, and rehabilitation due to them. For many victims, passage of time does not attenuate the harm and in some cases the harm may increase as a result of post-traumatic stress that requires medical, psychological and social support, which is often inaccessible to those who have not received redress. States parties shall ensure that all victims of torture or ill-treatment, regardless of when the violation occurred or whether it was carried out by or with the acquiescence of a former regime, are able to access their rights to remedy and to obtain redress.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"]},{"id":"cat-c-gc-3-0041","docId":"cat-c-gc-3","idx":41,"n":41,"text":"41. The Committee has consistently held that amnesties for the crime of torture are incompatible with the obligations of States parties under the Convention, including under article 14. As was pointed out in general comment No. 2, “amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.” The Committee considers that amnesties for torture and ill-treatment pose impermissible obstacles to a victim in his or her efforts to obtain redress and contribute to a climate of impunity. The Committee therefore calls on States parties to remove any amnesties for torture or ill-treatment.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0042","docId":"cat-c-gc-3","idx":42,"n":42,"text":"42. Similarly, granting immunity, in violation of international law, to any State or its agents or to non-State actors for torture or ill-treatment, is in direct conflict with the obligation of providing redress to victims. When impunity is allowed by law or exists de facto, it bars victims from seeking full redress as it allows the violators to go unpunished and denies victims full assurance of their rights under article 14. The Committee affirms that under no circumstances may arguments of national security be used to deny redress for victims.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0043","docId":"cat-c-gc-3","idx":43,"n":43,"text":"43. The Committee considers reservations which seek to limit the application of article 14 to be incompatible with the object and purpose of the Convention. States parties are therefore encouraged to consider withdrawing any reservations to article 14 that limit its application so as to ensure that all victims of torture or ill-treatment have access to redress and remedy.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Obstacles to the right to redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-3-0044","docId":"cat-c-gc-3","idx":44,"n":44,"text":"44. Voluntary contributions to international funds for victims of torture play an important role in providing assistance to them. The Committee highlights the important work done by the United Nations Voluntary Fund for Victims of Torture, which provides humanitarian assistance to victims of torture. The Committee highlights also the possibility for States parties to make voluntary contributions to this fund, irrespective of the national measures taken or contributions made.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["United Nations Voluntary Fund for Victims of Torture"]},{"id":"cat-c-gc-3-0045","docId":"cat-c-gc-3","idx":45,"n":45,"text":"45. States parties shall establish a system to oversee, monitor, evaluate, and report on their provision of redress measures and necessary rehabilitation services to victims of torture or ill-treatment. Accordingly, States parties should include in their reports to the Committee data disaggregated by age, gender, nationality, and other key factors regarding redress measures afforded to victims of torture or ill-treatment, in order to meet their obligation as recalled in general comment No. 2 to provide continual evaluation of their efforts to provide redress to victims.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Monitoring and reporting"]},{"id":"cat-c-gc-3-0046","docId":"cat-c-gc-3","idx":46,"n":46,"text":"On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties’ reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following: (a) The number of victims of torture or ill-treatment who have sought compensation through legal, administrative and other means and the nature of the violations alleged; the number of victims who have been awarded compensation; and in what amounts; (b) The measures taken to assist victims in the direct aftermath of torture; (c) The rehabilitation facilities available to victims of torture or ill-treatment and the accessibility thereof, as well as the budget allocation for rehabilitation programmes and the number of victims who have received rehabilitative services appropriate to their needs; (d) The methods available for assessing the effectiveness of rehabilitation programmes and services, including the application of appropriate indicators and benchmarks, and the result of such assessment; (e) The measures taken to ensure satisfaction and guarantees of non-repetition; (f) The domestic legislation which provides victims of torture or ill-treatment with the right to remedy and redress, and relevant implementation measures taken by the State party. Where such legislation is lacking, reports should include information on the measures taken by the State party to adopt and implement such legislation. (g) The measures taken to ensure that all victims of torture or ill-treatment are able to exercise and enjoy their rights under article 14. (h) The complaints mechanisms available for victims of torture or ill-treatment, including how such mechanisms are made known and accessible to all victims. States parties should also include data disaggregated by age, gender, nationality, location and alleged violation, on the number of complaints received through such mechanisms. (i) The measures taken by States parties to ensure that all allegations of torture and ill-treatment are effectively investigated. (j) The legislation and policy measures designed to positively identify victims of torture in order to provide them with redress. (k) The available avenues for a victim of torture or ill-treatment to obtain redress, including all criminal, civil, administrative and non-judicial procedures, such as administrative reparation programmes, as well as information on the number of victims who have accessed such mechanisms, how many obtained redress and reparative measures, and in what forms and/or amounts. (l) The legal aid and witness protection available to victims of torture or ill-treatment as well as witnesses and others who have intervened on behalf of victims, including how such protection is made known and how it is made available in practice; the number of victims who have been granted legal aid; the number of persons who have been protected by State witness protection; and the State party’s evaluation of the effectiveness of such protection. (m) The steps taken to implement judgements by national, regional or international courts, including the amount of time lapsed from the date of the judgement and the actual provision of compensation or other forms of redress. States parties should also include disaggregated data on the number of victims designated to receive reparative measures in court judgements and the number who actually received redress, and for what violations. (n) The safeguards available for the special protection of members of marginalized or vulnerable groups, including women and children seeking to exercise their rights guaranteed under article 14 of the Convention. (o) Any such other matters that the Committee may require.","labels":["Women/girls","Children"],"type":"gc","committee":"CAT","committees":["CAT"],"year":2012,"section":["Monitoring and reporting"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"},{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-4-0001","docId":"cat-c-gc-4","idx":1,"n":1,"text":"1. On the basis of its experience in considering individual communications under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, addressing allegations of violation by States parties of article 3 of the Convention, the Committee against Torture, at its fifty-fifth to fifty-eighth sessions, in 2015 and 2016, discussed and agreed to revise its general comment No. 1 (1997), entitled “General comment on the implementation of article 3 of the Convention in the context of article 22”, adopted at its nineteenth session (see A/53/44 and A/53/44/Corr.1, annex IX).","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["I. Introduction"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0002","docId":"cat-c-gc-4","idx":2,"n":2,"text":"2. At its fifty-ninth session, held from 7 November to 7 December 2016, the Committee began the drafting process for the revised general comment, taking into account the recommendations for the consultation process in the elaboration of general comments made by the Chairs of the human rights treaty bodies at their twenty-seventh meeting, held in San José from 22 to 26 June 2015 (see A/70/302, para. 91).","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["I. Introduction"]},{"id":"cat-c-gc-4-0003","docId":"cat-c-gc-4","idx":3,"n":3,"text":"3. At the 1614th meeting of the Committee, held on 6 December 2017 during its sixty-second session, the Committee decided that its general comment No. 1 would be superseded by the below text, which it adopted on the same date.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["I. Introduction"]},{"id":"cat-c-gc-4-0004","docId":"cat-c-gc-4","idx":4,"n":4,"text":"4. For the purposes of the present general comment, the term “deportation” includes, but is not limited to, expulsion, extradition, forcible return, forcible transfer, rendition and rejection at the frontier of, and pushback operations (including at sea) involving, a person or group of individuals from a State party to another State.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["I. Introduction"]},{"id":"cat-c-gc-4-0005","docId":"cat-c-gc-4","idx":5,"n":5,"text":"5. Article 3 (1) of the Convention provides that no State party shall expel, return (refouler) or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture.[[fn:1]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":1,"text":"Article 3 must be interpreted with reference to the definition of torture set out in article 1 of the Convention; see G.R.B. v. Sweden (CAT/C/20/D/83/1997), para. 6.5."}],"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"3","paragraph":"1","source":"regex"}]},{"id":"cat-c-gc-4-0006","docId":"cat-c-gc-4","idx":6,"n":6,"text":"6. Pursuant to article 22 of the Convention, the Committee receives and considers communications from or on behalf of individuals subject to a State party’s jurisdiction who claim to be victims of a violation by a State party of the provisions of the Convention, in respect of any State party that has declared that it recognizes the Committee’s competence in that regard.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0007","docId":"cat-c-gc-4","idx":7,"n":7,"text":"7. Most of the communications received by the Committee refer to alleged violations by States parties of article 3 of the Convention. The present general comment provides guidance to States parties and the complainants and their representatives on the scope of article 3 and on how the Committee assesses the admissibility and the merits of the individual communications submitted to the Committee for its consideration.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0008","docId":"cat-c-gc-4","idx":8,"n":8,"text":"8. The Committee recalls that the prohibition of torture, as defined in article 1 of the Convention, is absolute. Article 2 (2) of the Convention provides that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture”. The Committee further recalls that other acts of ill-treatment are equally prohibited and that the prohibition of ill-treatment is likewise non-derogable.[[fn:2]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":2,"text":"See general comment No. 2 (2007) on the implementation of article 2, paras. 3, 6, 19 and 25."}],"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"2","paragraph":"2","source":"regex"}]},{"id":"cat-c-gc-4-0009","docId":"cat-c-gc-4","idx":9,"n":9,"text":"9. The principle of “non-refoulement” of persons to another State where there are substantial grounds for believing that they would be in danger of being subjected to torture is similarly absolute.[[fn:3]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":3,"text":"See Tapia Páez v. Sweden (CAT/C/18/D/39/1996), para. 14.5; Núñez Chipana v. Venezuela (CAT/C/21/D/110/1998), para. 5.6; Agiza v. Sweden (CAT/C/34/D/233/2003), para. 13.8; Singh Sogi v. Canada (CAT/C/39/D/297/2006), para. 10.2; Abdussamatov and others v. Kazakhstan (CAT/C/48/D/444/2010), para. 13.7; and Nasirov v. Kazakhstan (CAT/C/52/D/475/2011), para. 11.6."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0010","docId":"cat-c-gc-4","idx":10,"n":10,"text":"10. Each State party must apply the principle of non-refoulement in any territory under its jurisdiction or any area under its control or authority, or on board a ship or aircraft registered in the State party, to any person, including persons requesting or in need of international protection, without any form of discrimination and regardless of the nationality or statelessness or the legal, administrative or judicial status of the person concerned under ordinary or emergency law. As the Committee noted in paragraph 7 of its general comment No. 2, the concept of “any territory under its jurisdiction” includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of a State party.[[fn:4]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":4,"text":"See also general comment No. 2 (2007), para. 16."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0011","docId":"cat-c-gc-4","idx":11,"n":11,"text":"11. The non-refoulement obligation in article 3 of the Convention exists whenever there are “substantial grounds”[[fn:5]] for believing that the person concerned would be in danger of being subjected to torture in a State to which the person is facing deportation, either as an individual or as a member of a group that may be at risk of being tortured in the State of destination. The Committee’s practice has been to determine that “substantial grounds” exist whenever the risk of torture is “foreseeable, personal, present and real”.[[fn:6]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":5,"text":"See, for example, Tapia Páez v. Sweden, para. 14.5."},{"n":6,"text":"See, for example, Dadar v. Canada (CAT/C/35/D/258/2004), para. 8.4; T.A. v. Sweden (CAT/C/34/D/226/2003), para. 7.2; N.S. v. Switzerland (CAT/C/44/D/356/2008), para. 7.3; and Subakaran R. Thirugnanasampanthar v. Australia (CAT/C/61/D/614/2014), para. 8.3."}],"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0012","docId":"cat-c-gc-4","idx":12,"n":12,"text":"12. Any person found to be at risk of torture if deported to a given State should be allowed to remain in the territory under the jurisdiction, control or authority of the State party concerned so long as the risk persists.[[fn:7]] The person in question should not be detained without proper legal justification and safeguards. Detention should always be an exceptional measure based on an individual assessment[[fn:8]] and subject to regular review.[[fn:9]] Furthermore, the person at risk should never be deported to another State from which the person may subsequently face deportation to a third State in which there are substantial grounds for believing that the person would be in danger of being subjected to torture.[[fn:10]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":7,"text":"See, for example, Aemei v. Switzerland (CAT/C/18/D/34/1995), para. 11."},{"n":8,"text":"See, for example, concluding observations on the fourth periodic report of Turkey (CAT/C/TUR/CO/4), para. 26."},{"n":9,"text":"See, for example, concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland (CAT/C/GBR/CO/5), para. 30; and concluding observations on the combined sixth and seventh periodic reports of Sweden (CAT/C/SWE/CO/6-7), para. 10."},{"n":10,"text":"See, for example, general comment No. 1 (1997) on the implementation of article 3, para. 2; Avedes Hamayak Korban v. Sweden (CAT/C/21/D/88/1997), para. 7; and Z.T. v. Australia (CAT/C/31/D/153/2000), para. 6.4; concluding observations on the combined fifth and sixth periodic reports of Greece (CAT/C/GRC/CO/5-6), para. 19; and concluding observations on the second periodic report of Serbia (CAT/C/SRB/CO/2), para. 15."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0013","docId":"cat-c-gc-4","idx":13,"n":13,"text":"13. Each case should be examined individually, impartially and independently by the State party through competent administrative and/or judicial authorities,[[fn:11]] in conformity with essential procedural safeguards, notably the guarantee of a prompt and transparent process, a review of the deportation decision and a suspensive effect of the appeal.[[fn:12]] In each case, the person concerned should be informed of the intended deportation in a timely manner. Collective deportation,[[fn:13]] without an objective examination of the individual cases with regard to personal risk, should be considered as a violation of the principle of non-refoulement.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":11,"text":"See, for example, Agiza v. Sweden, para. 13.8."},{"n":12,"text":"See, for example, concluding observations on the combined fifth and sixth periodic reports of Greece (CAT/C/GRC/CO/5-6), para. 19; and concluding observations on the combined fifth and sixth periodic reports of Italy (CAT/C/ITA/CO/5-6), para. 21 (c)."},{"n":13,"text":"See, for example, Kwami Mopongo and others v. Morocco (CAT/C/53/D/321/2007), paras. 6.2–6.3 and 11.3–11.4; Human Rights Committee, general comment No. 15 (1986) on the position of aliens under the International Covenant on Civil and Political Rights, para. 10; and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 22 (1)."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0014","docId":"cat-c-gc-4","idx":14,"n":14,"text":"14. States parties should not adopt dissuasive measures or policies, such as detention in poor conditions for indefinite periods, refusing to process claims for asylum or prolonging them unduly, or cutting funds for assistance programmes for asylum seekers, which would compel persons in need of protection under article 3 of the Convention to return to their country of origin in spite of their personal risk of being subjected to torture or other cruel, inhuman or degrading treatment or punishment there.[[fn:14]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":14,"text":"See, for example, concluding observations on the combined fifth and sixth periodic reports of Greece (CAT/C/GRC/CO/5-6), para. 19."}],"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0015","docId":"cat-c-gc-4","idx":15,"n":15,"text":"15. Article 16 of the Convention provides for the duty of States parties to prevent acts of cruel, inhuman or degrading treatment or punishment (ill-treatment), which do not amount to torture as defined in article 1 of the Convention.[[fn:15]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":15,"text":"See general comment No. 2 (2007), paras. 3 and 6."}],"section":["II. General principles"],"citedArticles":[{"treaty":"CAT","article":"16","source":"regex"},{"treaty":"CAT","article":"1","source":"regex"}]},{"id":"cat-c-gc-4-0016","docId":"cat-c-gc-4","idx":16,"n":16,"text":"16. States parties should consider whether the nature of the other forms of ill-treatment that a person facing deportation is at risk of experiencing could likely change so as to constitute torture, before making an assessment on each case relating to the principle of “non-refoulement”.[[fn:16]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":16,"text":"Other international provisions directly relevant to the application of the principle of non-refoulement in cases of risk of ill-treatment are listed in paragraph 26 below."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0017","docId":"cat-c-gc-4","idx":17,"n":17,"text":"17. The Committee considers that severe pain or suffering cannot always be assessed objectively. It depends on the negative physical and/or mental repercussions that the infliction of violent or abusive acts has on each individual, taking into account all relevant circumstances of each case, including the nature of the treatment, the sex, age and state of health and vulnerability of the victim and any other status or factors.[[fn:17]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":17,"text":"See general comment No. 2 (2007), para. 21."}],"section":["II. General principles"]},{"id":"cat-c-gc-4-0018","docId":"cat-c-gc-4","idx":18,"n":18,"text":"For the purpose of fully implementing article 3 of the Convention, States parties should take legislative, administrative, judicial and other preventive measures against possible violations of the principle of “non-refoulement”, including: (a)Ensuring the right of each person concerned to have the case examined individually and not collectively and to be fully informed of the reasons why the person is the subject of a procedure that may lead to a decision of deportation and of the rights legally available to appeal such a decision;[[fn:20]] (b)Providing the person concerned with access to a lawyer,[[fn:21]] to free legal aid, when necessary, and to representatives of relevant international organizations of protection;[[fn:22]] (c)Developing an administrative or judicial procedure concerning the person in question in a language that the person understands or with the assistance of interpreters and translators;[[fn:23]] (d)Referring the person alleging previous torture to an independent medical examination free of charge, in accordance with the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol);[[fn:24]] (e)Ensuring the right of appeal by the person concerned against a deportation order to an independent administrative and/or judicial body within a reasonable period of time from the notification of that order and with the suspensive effect of the appeal on the enforcement of the order;[[fn:25]] (f)Providing effective training for all officials who deal with persons under deportation procedures on respect for the provisions of article 3 of the Convention, in order to avoid decisions contrary to the principle of non-refoulement;[[fn:26]] (g)Providing effective training for medical and other personnel dealing with detainees, migrants and asylum seekers in identifying and documenting signs of torture, taking into account the Istanbul Protocol.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[],"section":["III. Preventive measures to guarantee the principle of non-refoulement"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0019","docId":"cat-c-gc-4","idx":19,"n":19,"text":"19. The term “diplomatic assurances” as used in the context of the transfer of a person from one State to another, refers to a formal commitment by the receiving State to the effect that the person concerned will be treated in accordance with conditions set by the sending State and in accordance with international human rights standards.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["IV. Diplomatic assurances"]},{"id":"cat-c-gc-4-0020","docId":"cat-c-gc-4","idx":20,"n":20,"text":"20. The Committee considers that diplomatic assurances from a State party to the Convention to which a person is to be deported should not be used as a loophole to undermine the principle of non-refoulement as set out in article 3 of the Convention, where there are substantial grounds for believing that the person would be in danger of being subjected to torture in that State.[[fn:26]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":26,"text":"See Agiza v. Sweden, para. 13.4; Tursunov v. Kazakhstan (CAT/C/54/D/538/2013), para. 9.10; and H.Y. v. Switzerland (CAT/C/61/D/747/2016), para. 10.7. See also concluding observations on the combined third to fifth periodic reports of the United States of America (CAT/C/USA/CO/3-5), para. 16; concluding observations on the fourth periodic report of Morocco (CAT/C/MAR/CO/4), para. 9; concluding observations on the fifth periodic report of Germany (CAT/C/DEU/CO/5), para. 25; and concluding observations on the second periodic report of Albania (CAT/C/ALB/CO/2), para. 19."}],"section":["IV. Diplomatic assurances"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0021","docId":"cat-c-gc-4","idx":21,"n":21,"text":"21. The Committee recalls that it considers the term “redress” in article 14 of the Convention as encompassing the concepts of “effective remedy” and “reparation”. The comprehensive reparative concept therefore entails restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition and refers to the full scope of measures required to redress violations under the Convention.[[fn:27]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":27,"text":"See general comment No. 3 (2012) on the implementation of article 14, para. 2."}],"section":["V. Redress"],"citedArticles":[{"treaty":"CAT","article":"14","source":"regex"}]},{"id":"cat-c-gc-4-0022","docId":"cat-c-gc-4","idx":22,"n":22,"text":"22. States parties should recognize that victims of torture or other cruel, inhuman or degrading treatment or punishment suffer physical and psychological harm that may require sustained availability of and access to specialized rehabilitation services. Once such a state of health and the need for treatment have been medically certified, they should not be removed to a State where adequate medical services for their rehabilitation are not available or guaranteed.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["V. Redress"]},{"id":"cat-c-gc-4-0023","docId":"cat-c-gc-4","idx":23,"n":23,"text":"23. States parties may find that a conflict arises between the obligations they have undertaken under article 3 of the Convention and the obligations they have undertaken under a multilateral or bilateral extradition treaty, especially when the treaty was concluded before the ratification of the Convention with a State which is not a party to the Convention and, therefore, when not yet bound by the provisions of article 3. In this case, the relevant extradition treaty should be applied in accordance with the principle of non-refoulement.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["VI. Article 3 of the Convention and extradition treaties"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0024","docId":"cat-c-gc-4","idx":24,"n":24,"text":"24. The Committee acknowledges that the time frame for extradition of a person for the purpose of criminal prosecution or serving a sentence, who has submitted a communication under article 22 of the Convention invoking the principle of “non-refoulement”, is a crucial factor for the respect by the State of its obligations under both the Convention and an extradition treaty to which it is a party. The Committee, therefore, requests that, should a State party encounter such a situation, it inform the Committee about any possible conflict between its obligations under the Convention and those under an extradition treaty from the beginning of the individual complaint procedure in which the State party is involved so that the Committee may try to give priority to the consideration of that communication before the time limit for the obligatory extradition is reached. The State party concerned, however, should recognize that the Committee can give priority to the consideration of and a decision on such a communication only during its sessions.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["VI. Article 3 of the Convention and extradition treaties"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0025","docId":"cat-c-gc-4","idx":25,"n":25,"text":"25. Furthermore, those States parties to the Convention that subsequently consider the conclusion of or adherence to an extradition treaty should ensure that there is no conflict between the Convention and that treaty and, if there is, include in the notification of adherence to the extradition treaty the clause that, in case of conflict, the Convention will prevail.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["VI. Article 3 of the Convention and extradition treaties"]},{"id":"cat-c-gc-4-0026","docId":"cat-c-gc-4","idx":26,"n":26,"text":"26. Article 3 of the Convention, which provides protection against the removal of a person in danger of being subjected to torture in the State to which the person would be deported, should be without prejudice to article 16 (2) of the Convention, in particular where a person to be removed would enjoy additional protection, under international instruments or national law, not to be deported to a State where the person would face the risk of cruel, inhuman or degrading treatment or punishment.[[fn:28]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":28,"text":"Examples of other international provisions directly relevant to the application of the principle of “non-refoulement” in cases of risk of torture and other ill-treatment for a person in the country to which the person is being deported may be found by States parties to the Convention that are also parties to other relevant treaties in the following instruments: (a) International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (art. 56 (3)); (b) International Convention for the Protection of All Persons from Enforced Disappearance (art. 16 (1)); (c) Convention relating to the Status of Refugees (art. 33 (1)); (d) Charter of Fundamental Rights of the European Union (art. 19 (2)); (e) Inter-American Convention to Prevent and Punish Torture (final paragraph of article 13); (f) American Convention on Human Rights (art. 22 (8) and (9)); (g) African Charter on Human and Peoples’ Rights (art. 12 (3)); (h) Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa (arts. II (3) and V (1))."}],"section":["VII. Relationship between article 3 and article 16 of the Convention"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"16","paragraph":"2","source":"regex"}]},{"id":"cat-c-gc-4-0027","docId":"cat-c-gc-4","idx":27,"n":27,"text":"27. Article 3 (2) of the Convention provides that for the purpose of determining whether there are grounds for believing that a person would be in danger of being subjected to torture, if expelled, returned or extradited, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.[[fn:29]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":29,"text":"See, for example, G.R.B v. Sweden, para. 6.3; H.M.H.I. v. Australia (CAT/C/28/D/177/2001), para. 6.5; S.P.A. v. Canada (CAT/C/37/D/282/2005), para. 7.1; T.I. v. Canada (CAT/C/45/D/333/2007), para. 7.3; A.M.A. v. Switzerland (CAT/C/45/D/344/2008), para. 7.2; and E.K.W. v. Finland (CAT/C/54/D/490/2012), paras. 9.3 and 9.7."}],"section":["VIII. Duties of States parties to consider specific human rights situations in which the principle of non-refoulement applies"],"citedArticles":[{"treaty":"CAT","article":"3","paragraph":"2","source":"regex"}]},{"id":"cat-c-gc-4-0028","docId":"cat-c-gc-4","idx":28,"n":28,"text":"28. In this regard, the Committee observes that the infliction of cruel, inhuman or degrading treatment or punishment, whether or not it amounts to torture, to which an individual or the individual’s family were exposed in their State of origin or would be exposed in the State to which the individual is being deported, constitutes an indication that the person is in danger of being subjected to torture if deported to one of those States. Such an indication should be taken into account by States parties as a basic element justifying the application of the principle of non-refoulement.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["VIII. Duties of States parties to consider specific human rights situations in which the principle of non-refoulement applies"]},{"id":"cat-c-gc-4-0029","docId":"cat-c-gc-4","idx":29,"n":29,"text":"In this connection, the Committee wishes to draw the attention of the States parties to some non-exhaustive examples of human rights situations that may constitute an indication of risk of torture, to which they should give consideration in their decisions on the removal of a person from their territory and take into account when applying the principle of “non-refoulement”. States parties should consider, in particular: (a)Whether the person concerned had previously been arrested arbitrarily in the person’s State of origin without a warrant and/or has been denied fundamental guarantees for a detainee in police custody, such as:[[fn:30]] (i)Notification of the reasons of the person’s arrest in writing and in a language that the person understands;[[fn:31]] (ii)Access to a family member or a person of the concerned individual’s choice for informing them of the arrest;[[fn:32]] (iii)Access to a lawyer free of charge when necessary and, upon request, access to a lawyer of the person’s choice at the person’s own expense for the person’s defence;[[fn:33]] (iv)Access to an independent medical doctor for an examination and treatment of the person’s health or, for this purpose, to a medical doctor of the person’s choice at the person’s own expense;[[fn:34]] (v)Access to an independent specialized medical entity to certify the person’s allegations of having been subjected to torture;[[fn:35]] (vi)Access to a competent and independent judicial institution that is empowered to judge the person’s claims for the treatment in detention within the time frame set by law or within a reasonable time frame to be assessed for each particular case;[[fn:36]] (b)Whether the person has been a victim of brutality or excessive use of force by public officials on the basis of any form of discrimination in the State of origin or would be exposed to such brutality in the State to which the person is being deported;[[fn:37]] (c)Whether, in the State of origin or in the State to which the person is being deported, the person has been or would be a victim of violence, including gender-based or sexual violence, in public or in private, gender-based persecution or genital mutilation, amounting to torture, without the intervention of the competent authorities of the State concerned for the protection of the victim;[[fn:38]] (d)Whether the person has been judged in the State of origin or would be judged in the State to which the person is being deported in a judicial system that does not guarantee the right to a fair trial;[[fn:39]] (e)Whether the person concerned has previously been detained or imprisoned in the State of origin or would be detained or imprisoned, if deported to a State, in conditions amounting to torture or cruel, inhuman or degrading treatment or punishment;[[fn:40]] (f)Whether the person concerned would be exposed to sentences of corporal punishment if deported to a State in which, although corporal punishment is permitted by national law, that punishment would amount to torture or cruel, inhuman or degrading treatment or punishment according to customary international law and the jurisprudence of the Committee and of other recognized international and regional mechanisms for the protection of human rights;[[fn:41]] (g)Whether the person concerned would be deported to a State in which there are credible allegations or evidence of crimes of genocide, crimes against humanity or war crimes within the meaning of articles 6, 7 and 8 of the Rome Statute of the International Criminal Court that have been submitted to the Court for its consideration;[[fn:42]] (h)Whether the person concerned would be deported to a State party to the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto where there are allegations or evidence of its violation of common article 3 of the four Geneva Conventions of 12 August 1949 and/or article 4 of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts (Protocol II),[[fn:43]] and, in particular, of: (i) article 3 (1) (a) of the four Geneva Conventions;[[fn:44]] and (ii) article 4 (1) and (2) of Protocol II;[[fn:45]] (i)Whether the person concerned would be deported to a State where there are allegations or evidence of its violation of article 12 of the Geneva Convention relative to the Treatment of Prisoners of War (Third Geneva Convention);[[fn:46]] (j)Whether the person concerned would be deported to a State where there are allegations or evidence of its violation of articles 32 or 45 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention);[[fn:47]] or article 75 (2) of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Additional Protocol I);[[fn:48]] (k)Whether the person concerned would be deported to a State where the inherent right to life is denied, including the exposure of the person to extrajudicial killings or enforced disappearance, or where the death penalty is in force[[fn:49]] and considered as a form of torture or cruel, inhuman or degrading treatment or punishment by the deporting State party, in particular: (i)If the latter has abolished the death penalty or established a moratorium on its execution;[[fn:50]] (ii)Where the death penalty would be imposed for crimes that are not considered by the deporting State party as the most serious crimes;[[fn:51]] (iii)Where the death penalty is carried out for crimes committed by persons below the age of 18 years[[fn:52]] or on pregnant women, nursing mothers or persons who have a severe mental disability; (l)The State party concerned should also evaluate whether the circumstances and the methods of execution of the death penalty and the prolonged period and conditions of the person on death row[[fn:53]] could amount to torture or cruel, inhuman or degrading treatment or punishment for the purpose of applying the principle of “non-refoulement”;[[fn:54]] (m)Whether the person concerned would be deported to a State where reprisals amounting to torture have been or would be committed against the person, members of the person’s family or witnesses of the person’s arrest and detention, such as violent and terrorist acts against them, the disappearance of those family members or witnesses, their killings or their torture;[[fn:55]] (n)Whether the person concerned would be deported to a State where the person was subjected to or would run the risk of being subjected to slavery and forced labour[[fn:56]] or trafficking in human beings; (o)Whether the person concerned is below the age of 18 years and would be deported to a State where the person’s fundamental child rights were previously violated and/or would be violated, creating irreparable harm, such as the person’s recruitment as a combatant participating directly or indirectly in hostilities[[fn:57]] or for providing sexual services.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":30,"text":"See, for example, Ali Fadel v. Switzerland, paras. 7.7 and 7.8."},{"n":31,"text":"See, for example, Sylvie Bakatu-Bia v. Sweden (CAT/C/46/D/379/2009), paras. 2.2 and 10.5; and Ali Fadel v. Switzerland, para. 7.7."},{"n":32,"text":"See, for example, Ramiro Ramírez Martínez and others v. Mexico (CAT/C/55/D/500/2012), para. 17.5; and Patrice Gahungu v. Burundi (CAT/C/55/D/522/2012), para. 7.6."},{"n":33,"text":"See, for example, Tony Chahin v. Sweden (CAT/C/46/D/310/2007), para. 9.4; and Nasirov v. Kazakhstan, paras. 2.2, 11.6 and 11.9."},{"n":34,"text":"See, for example, Ramiro Ramírez Martínez and others v. Mexico, para. 17.5; Patrice Gahungu v. Burundi, para. 7.7; and X. v. Burundi (CAT/C/55/D/553/2013), para. 7.5."},{"n":35,"text":"See, for example, Combey Brice Magloire Gbadjavi v. Switzerland (CAT/C/48/D/396/2009), paras. 2.1 and 7.5–7.8; and Ali Fadel v. Switzerland, paras. 2.4 and 7.6–7.8."},{"n":36,"text":"See, for example, Ramiro Ramírez Martínez and others v. Mexico, paras. 17.5 and 17.6; Patrice Gahungu v. Burundi, para. 7.7; and X. v. Burundi, 7.5 and 7.6."},{"n":37,"text":"See, for example, F.K. v. Denmark (CAT/C/56/D/580/2014), paras. 7.5 and 7.6."},{"n":38,"text":"See, for example, Sylvie Bakatu-Bia v. Sweden, paras. 10.5–10.7."},{"n":39,"text":"See, for example, Agiza v. Sweden, para. 13.4; and Ali Fadel v. Switzerland, para. 7.8."},{"n":40,"text":"See, for example, Tony Chahin v. Sweden, para. 9.5; and Tursunov v. Kazakhstan, para. 9.8."},{"n":41,"text":"See, for example, Rouba Alhaj Ali v. Morocco (CAT/C/58/D/682/2015), paras. 8.5–8.8."},{"n":42,"text":"See, for example, concluding observations on the combined fourth and fifth periodic reports of Croatia (CAT/C/HRV/CO/4-5), para. 11; and concluding observations on the third periodic report of the former Yugoslav Republic of Macedonia (CAT/C/MKD/CO/3), para. 16."},{"n":43,"text":"While not quoting directly the provisions of the Geneva Conventions and the Additional Protocols thereto, the Committee has referred in its jurisprudence to situations covered by those provisions, among others, in the concluding observations on the fourth periodic report of Turkey (CAT/C/TUR/CO/4, paras. 12 and 23–26); and the concluding observations on the combined fifth and sixth periodic reports of Italy (CAT/C/ITA/CO/5-6, paras. 20–23)."},{"n":44,"text":"Article 3 (1) (a) of the four Geneva Conventions stipulates that in the case of armed conflict not of an international character, violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture are and shall remain prohibited with respect to persons taking no active part in the hostilities. See, for example, concluding observations on the fourth periodic report of the Russian Federation (CAT/C/RUS/CO/4), para. 24; and concluding observations on the sixth periodic report of Ukraine (CAT/C/UKR/CO/6), para. 11."},{"n":45,"text":"Article 4 (1) of Protocol II, adopted on 8 June 1977, stipulates that all persons who do not take a direct part or who have ceased to take part in hostilities (with reference to armed conflicts referred to in article 2 of the Geneva Conventions and article 1 of the Additional Protocols thereto), whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. Article 4 (2) of the Protocol stipulates that the following acts against the persons referred to in article 4 (1) are and shall remain prohibited at any time and in any place whatsoever: (a) violence to the life, health and physical or mental well-being of persons, in particular murder, as well as cruel treatment such as torture, mutilation or any form of corporal punishment; (b) collective punishments; (c) taking of hostages; (d) acts of terrorism; (e) outrages upon personal dignity, in particular, humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault; (f) slavery and the slave trade in all their forms; (g) pillage; and (h) threats to commit any of the foregoing acts. See, for example, concluding observations on the initial report of Lebanon (CAT/C/LBN/CO/1), para. 11; and concluding observations on the fourth periodic report of Turkey (CAT/C/TUR/CO/4), para. 12."},{"n":46,"text":"Article 12 of the Third Geneva Convention provides, inter alia, that prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. See, for example, concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 17."},{"n":47,"text":"Article 45 of the Fourth Geneva Convention provides, inter alia, that protected persons may be transferred by the Detaining Power only to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention."},{"n":48,"text":"Article 75 (2) of Additional Protocol I stipulates that the following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents: (a) violence to the life, health, or physical or mental well-being of persons, in particular: (i) murder; (ii) torture of all kinds, whether physical or mental; (iii) corporal punishment; and (iv) mutilation; (b) outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault; (c) the taking of hostages; (d) collective punishments; and (e) threats to commit any of the foregoing acts. See, for example, concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 34."},{"n":49,"text":"See, for example, concluding observations on the second periodic report of Belgium (CAT/C/BEL/CO/2), para. 10."},{"n":50,"text":"See, for example, Rouba Alhaj Ali v. Morocco, paras. 8.5–8.8."},{"n":51,"text":"See, for example, X. v. Switzerland (CAT/C/53/D/470/2011), para. 7.8; and Asghar Tahmuresi v. Switzerland (CAT/C/53/D/489/2012), para. 7.5."},{"n":52,"text":"See, for example, concluding observations on the second periodic report of Afghanistan (CAT/C/AFG/CO/2), para. 34 (c)."},{"n":53,"text":"See concluding observations on the combined third to fifth periodic reports of the Republic of Korea (CAT/C/KOR/CO/3-5), para. 30 (b)."},{"n":54,"text":"See, for example, concluding observations on the second periodic report of Afghanistan (CAT/C/AFG/CO/2), para. 34; and concluding observations on the second periodic report of Mongolia (CAT/C/MNG/CO/2), para. 22."},{"n":55,"text":"See, for example, Hussein Khademi and others v. Switzerland (CAT/C/53/D/473/2011), paras. 7.4–7.6; Nasirov v. Kazakhstan, para. 11.9; and N.A.A. v. Switzerland (CAT/C/60/D/639/2014), paras. 7.7–7.11."},{"n":56,"text":"See, for example, Tony Chahin v. Sweden, para. 9.5."},{"n":57,"text":"See, for example, concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 34."}],"section":["VIII. Duties of States parties to consider specific human rights situations in which the principle of non-refoulement applies"],"citedArticles":[{"article":"6","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT general comment on non-refoulement; art. 6 CAT addresses detention/prosecution duties of alleged torturers."},{"article":"7","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT GC; art. 7 CAT is the aut dedere aut judicare obligation."},{"article":"8","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT GC; art. 8 CAT covers extradition for torture offences."},{"article":"3","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT GC explicitly on non-refoulement; art. 3 CAT is the core non-refoulement provision."},{"article":"4","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT GC; art. 4 CAT requires criminalisation of torture."},{"article":"3","paragraph":"1","treaty":"CAT","confidence":"high","source":"opus","rationale":"Art. 3(1) CAT non-refoulement, in a single-treaty CAT GC."},{"article":"4","paragraph":"1","treaty":"CAT","confidence":"high","source":"opus","rationale":"Art. 4(1) CAT criminalisation duty, in a single-treaty CAT GC."},{"article":"12","treaty":"CAT","confidence":"high","source":"opus","rationale":"Single-treaty CAT GC; art. 12 CAT requires prompt investigation."},{"article":"32","treaty":"?","confidence":"high","source":"opus","rationale":"CAT has only 33 articles and art. 32 is a procedural clause unrelated to torture; this is a regex artefact, likely a footnote reference to a Geneva Convention article."},{"article":"45","treaty":"?","confidence":"high","source":"opus","rationale":"CAT has only 33 articles; art. 45 cannot be a CAT reference — spurious regex hit, likely from a Geneva Convention or footnote source."},{"article":"75","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"CAT has only 33 articles; art. 75 is impossible — likely Protocol I to the Geneva Conventions (art. 75 fundamental guarantees) or another instrument cited in footnotes."}]},{"id":"cat-c-gc-4-0030","docId":"cat-c-gc-4","idx":30,"n":30,"text":"30. Equally, States parties should refrain from deporting individuals to another State where there are substantial grounds for believing that they would be in danger of being subjected to torture or other ill-treatment at the hands of non-State entities, including groups that are unlawfully exercising actions that inflict severe pain or suffering for purposes prohibited by the Convention, and over which the receiving State has no or only partial de facto control, or whose acts it is unable to prevent or whose impunity it is unable to counter.[[fn:58]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":58,"text":"See, for example, S.S. Elmi v. Australia (CAT/C/22/D/120/1998), paras. 6.8 and 6.9; and M.K.M. v. Australia (CAT/C/60/D/681/2015), para. 8.9."}],"section":["IX. Non-State actors"]},{"id":"cat-c-gc-4-0031","docId":"cat-c-gc-4","idx":31,"n":31,"text":"31. The Committee considers that it is the responsibility of the author of a communication to provide exhaustive arguments for the complaint of alleged violation of article 3 of the Convention in such a way that, from the first impression (prima facie) or from subsequent submissions, if necessary, the Committee finds that it is relevant for consideration under article 22 of the Convention and that it fulfils each of the requirements established under rule 113 of the Committee’s rules of procedure.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","A. Admissibility"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0032","docId":"cat-c-gc-4","idx":32,"n":32,"text":"32. A State party’s obligations under the Convention apply from the date of the entry into force of the Convention for that State party. However, the Committee will consider communications on alleged violations of the Convention which occurred before a State party’s recognition of the Committee’s competence under article 22 of the Convention through the declaration provided for in article 22, if the effects of those alleged violations continued after the State party’s declaration, and if such effects may constitute in themselves a violation of the Convention.[[fn:59]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":59,"text":"See, for example, N.Z. v. Kazakhstan (CAT/C/53/D/495/2012), para. 12.3."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","A. Admissibility"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0033","docId":"cat-c-gc-4","idx":33,"n":33,"text":"33. With reference to article 22 (5) (a) of the Convention, which requires that the Committee shall not consider any individual communication under that article unless it has ascertained that the same matter has not been, and is not being, examined under another procedure of international investigation or settlement, the Committee considers that “the same matter” should be understood as relating to the same parties, the same facts and the same substantive rights.[[fn:60]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":60,"text":"See, for example, A.A. v. Azerbaijan (CAT/C/35/D/247/2004), para. 6.8; E.E. v. the Russian Federation (CAT/C/50/D/479/2011), para. 8.4; N.B. v. the Russian Federation (CAT/C/56/D/577/2013), para. 8.2; M.T. v. Sweden (CAT/C/55/D/642/2014), para. 8.3; and Mr. U. v. Sweden (CAT/C/56/D/643/2014), para. 6.4."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","A. Admissibility"],"citedArticles":[{"treaty":"CAT","article":"22","paragraph":"5","source":"regex"}]},{"id":"cat-c-gc-4-0034","docId":"cat-c-gc-4","idx":34,"n":34,"text":"34. According to article 22 (5) (b) of the Convention, the complainant must have exhausted all available domestic remedies, provided for in law and in practice, that bring effective relief.[[fn:61]] Article 22 (5) (b) further provides that this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of the Convention.[[fn:62]] In the context of article 3 of the Convention, the Committee considers that exhaustion of domestic remedies means that the complainant has applied for remedies that are directly related to the risk of being subjected to torture in the country to which the person would be deported, not for remedies that might allow the complainant to remain in the sending State party for other reasons.[[fn:63]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":61,"text":"See, for example, Mr. Y. v. Canada (CAT/C/55/D/512/2012), para. 7.2; and Olga Shestakova v. the Russian Federation (CAT/C/62/D/712/2015), para. 6.4."},{"n":62,"text":"See, for example, A.E. v. Switzerland (CAT/C/14/D/24/1995), para. 4; Evloev v. Kazakhstan (CAT/C/51/D/441/2010), para. 8.6; and W.G.D. v. Canada (CAT/C/53/D/520/2012), para. 7.4."},{"n":63,"text":"See, for example, W.G.D. v. Canada, para. 7.4."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","A. Admissibility"],"citedArticles":[{"treaty":"CAT","article":"22","paragraph":"5","source":"regex"},{"treaty":"CAT","article":"22","paragraph":"5","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0035","docId":"cat-c-gc-4","idx":35,"n":35,"text":"35. The Committee further considers that an effective remedy in the implementation of the principle of “non-refoulement” should be a recourse able to preclude, in practice, the deportation of the complainant where there are substantial grounds for believing that the complainant would personally be in danger of being subjected to torture if deported to another country. The recourse should be a legally-based right and not an ex gratia concession given by the authorities concerned,[[fn:64]] and should be accessible in practice without obstacles of any nature.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":64,"text":"See, for example, W.G.D. v. Canada, para. 7.4; and J.K. v. Canada (CAT/C/56/D/562/2013), para. 9.2."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","A. Admissibility"]},{"id":"cat-c-gc-4-0036","docId":"cat-c-gc-4","idx":36,"n":36,"text":"36. When the Committee, or members designated by it, requests the State party concerned, for its urgent consideration, to take such interim measures, once the decision on deportation by the domestic authorities has become enforceable according to the information available, that the Committee considers necessary to avoid irreparable damage to the victim or victims of an alleged violation of article 3 of the Convention, in accordance with rule 114 of the Committee’s rules of procedure, the State party should comply with the Committee’s request in good faith.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","B. Interim measures of protection"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0037","docId":"cat-c-gc-4","idx":37,"n":37,"text":"37. Non-compliance by the State party with the Committee’s request would constitute serious damage and an obstacle to the effectiveness of the Committee’s deliberations and would cast serious doubt on the willingness of the State party to implement article 22 of the Convention in good faith.[[fn:65]] The Committee has therefore determined that the non-compliance with its request for interim measures constitutes a breach of article 22.[[fn:66]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":65,"text":"See Kalinichenko v. Morocco (CAT/C/47/D/428/2010), paras. 13.1, 13.2 and 16; Tursunov v. Kazakhstan, para. 10; X. v. the Russian Federation (CAT/C/54/D/542/2013), paras. 9.2 and 12; and D.I.S. v. Hungary (CAT/C/56/D/671/2015), paras. 9.1–9.3."},{"n":66,"text":"See, for example, S.T. v. Australia (CAT/C/61/D/614/2014), paras. 9 and 10; and X. v. the Russian Federation, para. 12."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","B. Interim measures of protection"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0038","docId":"cat-c-gc-4","idx":38,"n":38,"text":"38. With respect to the application of article 3 of the Convention to the merits of a communication submitted under article 22, the burden of proof is upon the author of the communication, who must present an arguable case,[[fn:67]] that is, submit substantiated arguments showing that the danger of being subjected to torture is foreseeable, present, personal and real. However, when complainants are in a situation where they cannot elaborate on their case, such as when they have demonstrated that they have no possibility of obtaining documentation relating to their allegation of torture or have been deprived of their liberty, the burden of proof is reversed[[fn:68]] and the State party concerned must investigate the allegations and verify the information on which the communication is based.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":67,"text":"See Sivagnanaratnam v. Denmark (CAT/C/51/D/429/2010), paras. 10.5 and 10.6; Mr. A.R. v. Netherlands (CAT/C/31/D/203/2002), para. 7.3; Arthur Kasombola Kalonzo v. Canada (CAT/C/48/D/343/2008), para. 9.3; X. v. Denmark (CAT/C/53/D/458/2011), para. 9.3; W.G.D. v. Canada, para. 8.4; and T.Z. v. Switzerland (CAT/C/62/D/688/2015), para. 8.4."},{"n":68,"text":"For comparison, see S.P.A. v. Canada, para. 7.5; and J.K. v. Canada, para. 10.4."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"],"citedArticles":[{"treaty":"CAT","article":"3","source":"regex"},{"treaty":"CAT","article":"22","source":"regex"}]},{"id":"cat-c-gc-4-0039","docId":"cat-c-gc-4","idx":39,"n":39,"text":"39. It is the responsibility of the State party, at the national level, to assess, through administrative and/or judicial procedures, whether there are substantial grounds for believing that the complainant faces a foreseeable, present, personal and real risk of being subjected to torture in the State to which the complainant would be deported.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0040","docId":"cat-c-gc-4","idx":40,"n":40,"text":"40. In its procedure of assessment, the State party should provide the person concerned with fundamental guarantees and safeguards, especially if the person has been deprived of the person’s liberty or is in a particularly vulnerable situation, such as the situation of an asylum seeker, an unaccompanied minor, a woman who has been subjected to violence or a person with disabilities (measures of protection).[[fn:69]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":69,"text":"See, for example, concluding observations on the fourth periodic report of the Netherlands (CAT/C/NET/CO/4), para. 7; and concluding observations on the fourth periodic report of Cyprus (CAT/C/CYP/CO/4), paras. 13 and 14."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0041","docId":"cat-c-gc-4","idx":41,"n":41,"text":"41. Guarantees and safeguards should include linguistic, legal, medical, social and, when necessary, financial assistance, as well as the right to recourse against a decision of deportation within a reasonable time frame, for a person in a precarious and stressful situation and with a suspensive effect on the enforcement of the deportation order. In particular, an examination by a qualified medical doctor, including as requested by the complainant to prove the torture that the complainant has suffered, should always be ensured, regardless of the authorities’ assessment of the credibility of the allegation,[[fn:70]] so that the authorities deciding on a given case of deportation are able to complete the assessment of the risk of torture on the basis of the result of the medical and psychological examinations, without any reasonable doubt.[[fn:71]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":70,"text":"See, for example, M.B. and others v. Denmark, para. 9.8."},{"n":71,"text":"See also footnotes 23–30 above."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0042","docId":"cat-c-gc-4","idx":42,"n":42,"text":"42. Victims of torture and other vulnerable persons frequently suffer from post-traumatic stress disorder, which can result in a broad range of symptoms, including involuntary avoidance and dissociation. These symptoms may affect the ability of the person to disclose all relevant details or to relay a consistent story throughout the proceedings. In order to ensure that victims of torture or other vulnerable persons are afforded an effective remedy, States parties should refrain from following a standardized credibility assessment process to determine the validity of a non-refoulement claim. With regard to potential factual contradictions and inconsistencies in the author’s allegations, States parties should appreciate that complete accuracy can seldom be expected from victims of torture.[[fn:72]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":72,"text":"See, for example, Alan v. Switzerland (CAT/C/16/D/21/1995), para. 11.3; Kisoki v. Sweden (CAT/C/16/D/41/1996), para. 9.3; Haydin v. Sweden (CAT/C/21/D/101/1997), paras. 6.6 and 6.7; and C.T. and K.M. v. Sweden (CAT/C/37/D/279/2005), para. 7.6; E.K.W. v. Finland, para. 9.6; and M.B. and others v. Denmark, para. 9.6."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0043","docId":"cat-c-gc-4","idx":43,"n":43,"text":"43. To determine whether there are substantial grounds for believing that a person would be in danger of being subjected to torture if deported, the Committee considers as crucial the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights, referred to in article 3 (2) of the Convention. Such violations include, but are not limited to: (a) widespread use of torture[[fn:73]] and impunity of its perpetrators;[[fn:74]] (b) harassment and violence against minority groups;[[fn:75]] (c) situations conducive to genocide;[[fn:76]] (d) widespread gender-based violence;[[fn:77]] (e) widespread use of sentencing and imprisonment of persons exercising fundamental freedoms;[[fn:78]] and (f) situations of international and non-international armed conflicts.[[fn:79]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":73,"text":"See, for example, X. v. Kazakhstan (CAT/C/55/D/554/2013), para. 12.7."},{"n":74,"text":"See, for example, P.S.B. and T.K. v. Canada (CAT/C/55/D/505/2012), para. 8.3."},{"n":75,"text":"See, for example, Subakaran R. Thirugnanasampanthar v. Australia, para. 8.7."},{"n":76,"text":"See, for example, concluding observations on the initial report of Iraq (CAT/C/IRQ/CO/1 and CAT/C/IRQ/CO/1/Corr.1), paras. 11 and 12."},{"n":77,"text":"See, for example, J.K. v. Canada, paras. 10.5 and 10.6."},{"n":78,"text":"See, for example, Abed Azizi v. Switzerland (CAT/C/53/D/492/2012), paras. 8.5–8.8."},{"n":79,"text":"See, for example, concluding observations on the initial report of Chad (CAT/C/TCD/CO/1), para. 22."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"],"citedArticles":[{"treaty":"CAT","article":"3","paragraph":"2","source":"regex"}]},{"id":"cat-c-gc-4-0044","docId":"cat-c-gc-4","idx":44,"n":44,"text":"44. The Committee’s assessment will be based primarily on the information provided by or on behalf of the complainant and by the State party concerned. The Committee will also consult United Nations sources of information, as well as any other sources that it considers reliable.[[fn:80]] In addition, the Committee will take into account any of the indications listed in paragraph 29 above as constituting substantial grounds for believing that a person would be in danger of being subjected to torture if deported.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":80,"text":"See rule 118 of the Committee’s rules of procedure."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0045","docId":"cat-c-gc-4","idx":45,"n":45,"text":"45. The Committee will assess “substantial grounds” and consider the risk of torture as foreseeable, personal, present and real when the existence of facts relating to the risk by itself, at the time of its decision, would affect the rights of the complainant under the Convention in case of the complainant’s deportation. Indications of personal risk may include, but are not limited to the complainant’s: (a) ethnic background;[[fn:81]] (b) political affiliation or political activities of the complainant and/or the complainant’s family members;[[fn:82]] (c) arrest and/or detention without guarantee of a fair treatment and trial;[[fn:83]] (d) sentence in absentia;[[fn:84]] (e) sexual orientation and gender identity;[[fn:85]] (f) desertion from the national armed forces or armed groups; (g) previous torture;[[fn:86]] (h) incommunicado detention or other form of arbitrary and illegal detention in the country of origin; (i) clandestine escape from the country of origin following threats of torture; (j) religious affiliation;[[fn:87]] (k) violations of the right to freedom of thought, conscience and religion, including violations related to the prohibition of conversion to a religion that is different from the religion proclaimed as State religion and where such a conversion is prohibited and punished in law and in practice;[[fn:88]] (l) risk of expulsion to a third country where the person may be in danger of being subjected to torture;[[fn:89]] and (m) violence against women, including rape.[[fn:90]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":81,"text":"See, for example, Z. v. Denmark (CAT/C/55/D/555/2013), paras. 5.2 and 7.8; and M.B. and others v. Denmark, paras. 2.1, 2.2 and 9.7."},{"n":82,"text":"See, for example, T.D. v. Switzerland (CAT/C/46/D/375/2009), para. 7.8."},{"n":83,"text":"See, for example, Nasirov v. Kazakhstan, paras. 7.6 and 11.9."},{"n":84,"text":"See, for example, Agiza v. Sweden, para. 13.4; and Ali Fadel v. Switzerland, para. 7.8."},{"n":85,"text":"See, for example, Uttam Mondal v. Sweden (CAT/C/46/D/338/2008), para. 7.7."},{"n":86,"text":"See, for example, Dadar v. Canada, para. 8.5."},{"n":87,"text":"See, for example, Abdussamatov and others v. Kazakhstan, para. 13.8."},{"n":88,"text":"See, for example, Abed Azizi v. Switzerland, paras. 3.2 and 8.8."},{"n":89,"text":"See, for example, general comment No. 1 (1997) on the implementation of article 3, para. 2; Avedes Hamayak Korban v. Sweden (CAT/C/21/D/88/1997), para. 7; and Z.T. v. Australia (CAT/C/31/D/153/2000), para. 6.4; concluding observations on the combined fifth and sixth periodic reports of Greece (CAT/C/GRC/CO/5-6), para. 19; and concluding observations on the second periodic report of Serbia (CAT/C/SRB/CO/2), para. 15."},{"n":90,"text":"See, for example, E.K.W. v. Finland, paras. 9.6 and 9.7."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0046","docId":"cat-c-gc-4","idx":46,"n":46,"text":"46. When assessing whether “substantial grounds” exist, the Committee will take into account the human rights situation of a State as a whole and not of a particular area of it. The State party is responsible for any territory under its jurisdiction, control or authority. The notion of “local danger” does not provide for measurable criteria and is not sufficient to dissipate totally the personal danger of being tortured.[[fn:91]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":91,"text":"See, for example, Uttam Mondal v. Sweden, para. 7.4."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0047","docId":"cat-c-gc-4","idx":47,"n":47,"text":"47. The Committee considers that the so-called “internal flight alternative”, that is, the deportation of a person or a victim of torture to an area of a State where the person would not be exposed to torture, unlike in other areas of the same State, is not reliable or effective.[[fn:92]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":92,"text":"See, for example, M.K.M. v. Australia, para. 8.9."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0048","docId":"cat-c-gc-4","idx":48,"n":48,"text":"48. When assessing whether “substantial grounds” exist, the Committee considers that a receiving State should have demonstrated certain essential measures to prevent and prohibit torture throughout the entire territory under its jurisdiction, control or authority, such as clear legislative provisions on the absolute prohibition of torture and its punishment with adequate penalties, measures to put an end to impunity for acts of torture, violence and other illegal practices committed by public officials, the prosecution of public officials allegedly responsible for acts of torture and other ill-treatment and their punishment commensurate with the gravity of the crime committed when they are found guilty.[[fn:93]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":93,"text":"See, for example, concluding observations on the combined fifth and sixth periodic reports of Argentina (CAT/C/ARG/CO/5-6), paras. 9–12 and 30; and concluding observations on the sixth periodic report of Bulgaria (CAT/C/BGR/CO/6), paras. 7, 8, 11 and 12."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"]},{"id":"cat-c-gc-4-0049","docId":"cat-c-gc-4","idx":49,"n":49,"text":"All pertinent information may be introduced by both parties to explain the relevance of their submissions under article 22 of the Convention to the provisions of article 3. The following information, while not exhaustive, would be pertinent: (a)Whether the State concerned is one in which there is evidence of a consistent pattern of gross, flagrant or mass violations of human rights; (b)Whether the complainant has been tortured or ill-treated by, at the instigation of or with the consent or the acquiescence (tacit agreement) of a public official or other person acting in an official capacity in the past, and, if so, whether this was in the recent past; (c)Whether there is medical, psychological or other independent evidence to support a claim by the complainant that the complainant has been tortured or ill-treated in the past, and whether the torture had after-effects; (d)Whether the State party has ensured that the complainant facing deportation from the territory under its jurisdiction, control or authority has had access to all legal and/or administrative guarantees and safeguards provided by law and, in particular, to an independent medical examination to assess claims that the complainant has previously suffered torture or ill-treatment in the complainant’s country of origin; (e)Whether there is any credible allegation or evidence that the complainant and/or other person’s next of kin have been or will be threatened or exposed to reprisals or other forms of sanctions amounting to torture or other cruel, inhuman or degrading treatment or punishment in connection with the communication submitted to the Committee; (f)Whether the complainant has engaged in political or other activities within or outside the State concerned that would appear to make the complainant vulnerable to the risk of being subjected to torture were the complainant to be expelled, returned or extradited to the State in question; (g)If returned to the State to which the complainant is being deported, whether the complainant is at risk of further deportation to another State where the complainant would face the risk of being subjected to torture; (h)Bearing in mind the status of physical and psychological fragility encountered by the majority of complainants, such as asylum seekers, former detainees and victims of torture or sexual violence, which is conducive to some inconsistencies and/or lapses of memory in their submissions, whether there is any evidence concerning the credibility of the complainant; (i)Taking into account some inconsistencies that may exist in the presentation of the facts, whether the complainant has demonstrated the general veracity of the claims.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":94,"text":"See, for example, S.P.A. v. Canada, para. 7.5."}],"section":["X. Specific requirements for the submission of individual communications under article 22 of the Convention and interim measures of protection","C. Merits"],"citedArticles":[{"treaty":"CAT","article":"22","source":"regex"},{"treaty":"CAT","article":"3","source":"regex"}]},{"id":"cat-c-gc-4-0050","docId":"cat-c-gc-4","idx":50,"n":50,"text":"50. The Committee gives considerable weight to findings of fact made by organs of the State party concerned;[[fn:95]] however, it is not bound by such findings. It follows that the Committee will make a free assessment of the information available to it in accordance with article 22 (4) of the Convention, taking into account all the circumstances relevant to each case.[[fn:96]]","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"footnotes":[{"n":95,"text":"See, for example, T.D. v. Switzerland, para. 7.7; and Alp v. Denmark (CAT/C/52/D/466/2011), para. 8.3."},{"n":96,"text":"See, for example, I.E. v. Switzerland (CAT/C/62/D/683/2015), para. 7.4."}],"section":["XI. Independence of assessment of the Committee"],"citedArticles":[{"treaty":"CAT","article":"22","paragraph":"4","source":"regex"}]},{"id":"cat-c-gc-4-0051","docId":"cat-c-gc-4","idx":51,"n":51,"text":"51. The principle of the benefit of the doubt, as a preventive measure against irreparable harm, will also be taken into account by the Committee in adopting decisions on individual communications, where the principle is relevant.","labels":[],"type":"gc","committee":"CAT","committees":["CAT"],"year":2018,"section":["XI. Independence of assessment of the Committee"]},{"id":"cat-op-gc-1-0001","docId":"cat-op-gc-1","idx":1,"n":1,"text":"1. The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was established as a result of the conviction of the international community that further measures were necessary to achieve the purposes of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that States had the primary responsibility for implementing effective measures to prevent acts of torture and other cruel, inhuman or degrading treatment or punishment in any territory under their jurisdiction.[[fn:1]] To effectively fulfil the legal obligations relating to torture prevention contained in the Optional Protocol, States parties are obliged to maintain, designate or establish national preventive mechanisms and allow regular visits by those mechanisms and by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment[[fn:2]] to places where people are deprived of liberty.[[fn:3]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":1,"text":"Optional Protocol, preamble."},{"n":2,"text":"Ibid., art. 1."},{"n":3,"text":"The Optional Protocol contains references to both places where people are deprived of their liberty and places where people are or may be deprived of their liberty, which are defined in article 4. Article 4 also contains a definition of the term “deprivation of liberty”. Furthermore, the Optional Protocol contains, as a short form, the term “places of detention”. For purposes of consistency, the term places of deprivation of liberty” and not “places of detention” will be used throughout the present general comment."}],"section":["I. Introduction"]},{"id":"cat-op-gc-1-0002","docId":"cat-op-gc-1","idx":2,"n":2,"text":"2. Article 4 (1) of the Optional Protocol reinforces the fundamental purpose of the Optional Protocol as a whole by defining the places that the Subcommittee and national preventive mechanisms have the mandate to visit as any place under a State party’s jurisdiction or control[[fn:4]] where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence. This broad definition includes not only places dedicated to the detention or custody of persons but also places where the public authority instigates or consents or acquiesces to the deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":4,"text":"See paragraphs 29 to 39 below for an explanation of the use of the phrase “jurisdiction or control” in the present general comment."}],"section":["I. Introduction"],"citedArticles":[{"article":"4","paragraph":"1","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'Article 4 (1) of the Optional Protocol reinforces the fundamental purpose of the Optional Protocol' — OPCAT GC; 'the Optional Protocol' = OPCAT."}]},{"id":"cat-op-gc-1-0003","docId":"cat-op-gc-1","idx":3,"n":3,"text":"3. Article 4 (2) of the Optional Protocol defines the term “deprivation of liberty” as “any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority”. This definition specifically acknowledges that deprivation of liberty may occur in both public and private settings.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["I. Introduction"],"citedArticles":[{"article":"4","paragraph":"2","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'Article 4 (2) of the Optional Protocol defines the term deprivation of liberty' — OPCAT GC; unambiguously OPCAT art. 4(2)."}]},{"id":"cat-op-gc-1-0004","docId":"cat-op-gc-1","idx":4,"n":4,"text":"4. The preventive objective of the Optional Protocol is manifest in its travaux préparatoires and the wording of the preamble.[[fn:5]] The understanding and practical application of article 4 by the Subcommittee[[fn:6]] and national preventive mechanisms leave no doubt that paragraphs 1 and 2 of that article should be read together. This means that the definition of places of deprivation of liberty must be understood broadly to encompass both public and private settings and situations in which there is State instigation of, or consent or acquiescence to, the deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":5,"text":"See E/CN.4/1993/28, E/CN.4/1993/28/Corr.1 and E/CN.4/1995/38."},{"n":6,"text":"CAT/C/57/4 and CAT/C/57/4/Corr.1, annex, paras. 1–3."}],"section":["I. Introduction"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'The understanding and practical application of article 4 by the Subcommittee and national preventive mechanisms' — the Subcommittee operates under OPCAT; 'article 4 of the Optional Protocol' confirmed by context."}]},{"id":"cat-op-gc-1-0005","docId":"cat-op-gc-1","idx":5,"n":5,"text":"5. However, in practice, some national preventive mechanisms have, at different times, faced difficulties or restrictions in conducting visits to some places of deprivation of liberty. In exceptional cases, these difficulties have stemmed from the national legislation; for example, when it is specified in legislation that national preventive mechanisms can only visit places where persons are deprived of their liberty by order of an administrative or judicial authority or when the legislation does not contain reference to the instigation, consent or acquiescence of the public authority. National preventive mechanisms have also informed the Subcommittee about practical difficulties in entering certain places of deprivation of liberty owing to an incorrect or limited understanding by the State party, its authorities or other relevant stakeholders of the term “place of deprivation of liberty”.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["I. Introduction"]},{"id":"cat-op-gc-1-0006","docId":"cat-op-gc-1","idx":6,"n":6,"text":"6. In addition, the Subcommittee has observed discrepancies in the places that States parties allow national preventive mechanisms and the Subcommittee to visit, with more restrictions imposed on national preventive mechanisms, notwithstanding the fact that the Optional Protocol imposes the same obligations with regard to both bodies. This is a serious obstacle to the preventive work of the national preventive mechanisms and the Subcommittee and is inconsistent with States’ obligations under the Optional Protocol. Consequently, States parties, their places of deprivation of liberty and, most importantly, persons deprived of their liberty do not benefit from that important preventive work.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["I. Introduction"]},{"id":"cat-op-gc-1-0007","docId":"cat-op-gc-1","idx":7,"n":7,"text":"7. The aim of the present general comment is to clarify and address questions that States parties, national preventive mechanisms and other stakeholders may have regarding the obligations of States parties to the Optional Protocol as they pertain to the definition of places of deprivation of liberty to enable effective and uniform interpretation and implementation of the Optional Protocol. To do this, in the general comment, the Subcommittee examines States’ obligations under article 4 of the Optional Protocol, which should be understood in the light of the object and purpose of this treaty and in line with the practice of the Subcommittee and national preventive mechanisms, keeping in mind that the Optional Protocol is a treaty designed to respond to current, emerging and future situations and challenges.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["I. Introduction"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'examines States' obligations under article 4 of the Optional Protocol' — OPCAT art. 4 explicitly named."}]},{"id":"cat-op-gc-1-0008","docId":"cat-op-gc-1","idx":8,"n":8,"text":"8. Consistent with the overarching preventive aim and spirit of the Optional Protocol, the Subcommittee has recommended and implemented in its practice as extensive an interpretation as possible of the term “places of deprivation of liberty” to maximize the preventive impact of its work and that of national preventive mechanisms.[[fn:7]] This is also consistent with the comprehensive approach to the term “deprivation of liberty” taken by other United Nations and regional human rights bodies.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":7,"text":"Ibid., annex, para. 2. See also CAT/OP/POL/ROSP/1 and CAT/OP/POL/ROSP/1/Corr.1, para. 26; and CAT/OP/PRT/1, para. 25."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty"]},{"id":"cat-op-gc-1-0009","docId":"cat-op-gc-1","idx":9,"n":9,"text":"9. Article 4 is central to the effective implementation of the core objective of the Optional Protocol. Any restrictive interpretation of this provision would be detrimental to the mechanism enshrined in the Optional Protocol and thus be contrary to its spirit. Therefore, the Subcommittee has repeatedly underlined that the term “places of deprivation of liberty”, as contained in article 4 of the Optional Protocol, should be understood broadly. An interpretation of the term that is restricted to such conventional settings as prisons would be overly limiting and clearly contrary to the Optional Protocol.[[fn:8]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":8,"text":"CAT/C/50/2, para. 67."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","A. Object and purpose of the Optional Protocol"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'Article 4 is central to the effective implementation of the core objective of the Optional Protocol' — OPCAT art. 4."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'as contained in article 4 of the Optional Protocol, should be understood broadly' — OPCAT art. 4, second occurrence."}]},{"id":"cat-op-gc-1-0010","docId":"cat-op-gc-1","idx":10,"n":10,"text":"10. Moreover, a restrictive interpretation of article 4 would also violate the obligation to interpret treaties in good faith, as contained in article 31 of the Vienna Convention on the Law of Treaties. That obligation requires that all treaties be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. Given that the objective of the Optional Protocol is the prevention of torture and other cruel, inhuman or degrading treatment or punishment through visits to all places of deprivation of liberty, a good faith interpretation cannot lead to a limited understanding of the term “places of deprivation of liberty” that would exclude certain places where persons are or could be deprived of their liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["II. Comprehensive approach to defining places of deprivation of liberty","A. Object and purpose of the Optional Protocol"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"opus","rationale":"'a restrictive interpretation of article 4' in a paragraph anchored on OPCAT (Optional Protocol to CAT) — OPCAT art.4 defines 'places of deprivation of liberty'."},{"article":"31","treaty":"?","confidence":"high","source":"opus","rationale":"'article 31 of the Vienna Convention on the Law of Treaties' — VCLT is not a UN core human rights treaty."}]},{"id":"cat-op-gc-1-0011","docId":"cat-op-gc-1","idx":11,"n":11,"text":"11. Throughout its history and consistent practice, the Subcommittee has required that the term “places of deprivation of liberty” extend to any place, whether permanent or temporary, where persons are deprived of their liberty by, or at the instigation or with the consent and/or acquiescence of public authorities.[[fn:9]] It has clarified that any place in which persons are deprived of their liberty, in the sense of not being free to leave, or in which the Subcommittee considers that persons might be deprived of their liberty, should fall within the scope of the Optional Protocol, if the deprivation of liberty relates to a situation in which the State either exercises or might be expected to exercise a regulatory function.[[fn:10]] The Subcommittee has consistently emphasized that, pursuant to article 4 of the Optional Protocol, the State party must enable and ensure visits to any place where persons are or may be deprived of their liberty.[[fn:11]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":9,"text":"Ibid."},{"n":10,"text":"CAT/C/57/4 and CAT/C/57/4/Corr.1, annex, para. 3. See also CAT/OP/POL/ROSP/1 and CAT/OP/POL/ROSP/1/Corr.1, para. 25."},{"n":11,"text":"CAT/OP/PRT/1, para. 24; and CAT/OP/POL/RONPM/1, para. 28."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","A. Object and purpose of the Optional Protocol"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'pursuant to article 4 of the Optional Protocol, the State party must enable and ensure visits' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0012","docId":"cat-op-gc-1","idx":12,"n":12,"text":"12. Consequently, in accordance with the comprehensive approach to the definition of the term “places of deprivation of liberty”, the Subcommittee has clearly established that the two paragraphs of article 4 must be read together,[[fn:12]] as they are complementary. In other words, places of deprivation of liberty include private or public settings, as specified in paragraph 2, and deprivation of liberty includes, as specified in paragraph 1, any form of placement in a setting under the State’s jurisdiction or control that a person is not permitted to leave at will, including at the instigation or with the consent or acquiescence of a public authority.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":12,"text":"CAT/C/57/4 and CAT/C/57/4/Corr.1, annex, para. 1."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","A. Object and purpose of the Optional Protocol"],"citedArticles":[{"treaty":"OPCAT","article":"4","source":"regex"}]},{"id":"cat-op-gc-1-0013","docId":"cat-op-gc-1","idx":13,"n":13,"text":"13. The approach of the Subcommittee to the definition of places of deprivation of liberty is consistent with that of other United Nations and regional human rights mechanisms and bodies. Within the United Nations human rights treaty body system, the Committee against Torture has established that a State party’s obligations to prohibit, prevent and redress torture and ill-treatment extends to all contexts of custody or control, for example, prisons, hospitals, schools and institutions that engage in the care of children, older persons or persons with disabilities, including persons with intellectual or psychosocial disabilities, military service and other institutions and contexts.[[fn:13]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":13,"text":"Committee against Torture, general comment No. 2 (2007), para. 15."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0014","docId":"cat-op-gc-1","idx":14,"n":14,"text":"14. Similarly, the Human Rights Committee has maintained that, under the International Covenant on Civil and Political Rights, the right to be treated with humanity and respect for the inherent dignity of the human person applies “to anyone deprived of liberty under the laws and authority of the State who is held in prisons, hospitals – particularly psychiatric hospitals – detention camps or correctional institutions or elsewhere”.[[fn:14]] The Committee, referring to the obligation to respect liberty and security of person, has established that deprivation of liberty also includes police custody, arraigo, remand detention, imprisonment after conviction, arrest, administrative detention, involuntary hospitalization, institutional custody of children and confinement to a restricted area of an airport, as well as involuntary transport.[[fn:15]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":14,"text":"Human Rights Committee, general comment No. 21 (1992), para. 2."},{"n":15,"text":"Human Rights Committee, general comment No. 35 (2014), para. 5."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0015","docId":"cat-op-gc-1","idx":15,"n":15,"text":"15. A broad interpretation of places of deprivation of liberty has also been adopted by the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families. For example, in line with the definition in article 4 of the Optional Protocol, these Committees have explained that immigration detention covers “any setting in which a child is deprived of his/her liberty for reasons related to his/her, or his/her parents’, migration status, regardless of the name and reason given to the action of depriving a child of his or her liberty, or the name of the facility or location where the child is deprived of liberty”.[[fn:16]] At a more general level, in the global study on children deprived of liberty, a broad definition of deprivation of liberty and places of deprivation of liberty is used, as set out in article 4 of Optional Protocol. In the study, places of detention are defined as extending to “all places where children may be deprived of liberty, such as prisons, police lock-ups, pretrial detention centres, military camps, social care facilities, institutions for persons with disabilities or for persons addicted to drugs or alcohol, ‘orphanages’, children’s homes, institutions for the educational supervision of children, psychiatric hospitals, mental health centres or migration detention centres”.[[fn:17]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":16,"text":"Joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), para. 6."},{"n":17,"text":"A/74/136, para. 18."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'in line with the definition in article 4 of the Optional Protocol' — OPCAT art. 4 explicitly."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'as set out in article 4 of Optional Protocol' — OPCAT art. 4 explicitly named in the global study reference."}]},{"id":"cat-op-gc-1-0016","docId":"cat-op-gc-1","idx":16,"n":16,"text":"16. The Committee on the Rights of Persons with Disabilities applies the principles and standards of the Convention against Torture and the Optional Protocol to the situation of persons with disabilities through articles 14 and 15 of the Convention on the Rights of Persons with Disabilities, which prohibit torture or cruel, inhuman or degrading treatment or punishment and deprivation of liberty on the basis of a disability. In this context, the Committee has found that the practice of placing persons with disabilities in residential settings without specific consent or with the consent of a substitute decision maker amounts to arbitrary deprivation of liberty.[[fn:18]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":18,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014), para. 40."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"],"citedArticles":[{"article":"14","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'articles 14 and 15 of the Convention on the Rights of Persons with Disabilities' — regex assigned OPCAT but text clearly states CRPD art. 14 (liberty and security of person for persons with disabilities)."},{"article":"15","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'articles 14 and 15 of the Convention on the Rights of Persons with Disabilities' — regex assigned OPCAT but text clearly states CRPD art. 15 (freedom from torture for persons with disabilities)."}]},{"id":"cat-op-gc-1-0017","docId":"cat-op-gc-1","idx":17,"n":17,"text":"17. Equally, the special procedures of the Human Rights Council have developed standards regarding the definition of deprivation of liberty and places of deprivation of liberty that are consistent with the Subcommittee’s broad approach. The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has emphasized that private custodial settings are also included within the meaning of the terms “deprivation of liberty” and “detention” and that, in practice, deprivation of liberty may include prisons or purpose-built detention facilities, closed reception or holding centres, shelters, guesthouses and camps, and also temporary facilities, vessels and private residences. The Special Rapporteur has been clear that the deciding factor for the qualification of a situation as “deprivation of liberty” is not the name given to a particular placement or accommodation or its categorization in national law but whether individuals are free to leave it.[[fn:19]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":19,"text":"A/HRC/37/50, para. 17."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0018","docId":"cat-op-gc-1","idx":18,"n":18,"text":"18. Similarly, the Working Group on Arbitrary Detention has recognized that there is an increasing number of new regimes of deprivation of liberty that arise in different situations and contexts around the world and that, while prisons and police stations remain the most common places in which individuals may be deprived of their liberty, there are a number of different places that individuals are not free to leave at will and that raise a question of de facto deprivation of liberty.[[fn:20]] Emphasizing that deprivation of liberty is a question not only of legal definition but also of fact, the Working Group has underlined the importance of the autonomous examination of each situation and of not being bound by the descriptions in national legislation or by the assessments of domestic authorities.[[fn:21]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":20,"text":"A/HRC/36/37, para. 52."},{"n":21,"text":"Opinion No. 22/2020, paras. 62–65. See also A/HRC/42/39, para. 54; and A/HRC/45/16, annex II, para. 8."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0019","docId":"cat-op-gc-1","idx":19,"n":19,"text":"19. The Independent Expert on the enjoyment of all human rights by older persons has recognized the broad definition of deprivation of liberty and places of deprivation of liberty in article 4 of the Optional Protocol and has considered three specific situations in which older persons may be deprived of their liberty and for which the State holds direct or indirect responsibility based on its obligations under international human rights law: (a) when they have committed crimes or legal offences; (b) when they have been detained because of their migration status; and (c) when they are under the control and supervision of certain institutions or caregiving arrangements, including those provided through legal guardianship by family members.[[fn:22]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":22,"text":"A/HRC/51/27, paras. 11 and 12."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'broad definition of deprivation of liberty and places of deprivation of liberty in article 4 of the Optional Protocol' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0020","docId":"cat-op-gc-1","idx":20,"n":20,"text":"20. In the context of international humanitarian law, the concept of deprivation of liberty that the International Committee of the Red Cross (ICRC) uses to guide its work is likewise broad and consistent with the Subcommittee’s approach.[[fn:23]] ICRC defines detention as “custodial deprivation of liberty”, which “refers to the deprivation of liberty caused by the act of confining a person in a narrowly bounded place, under the control or with the consent of a State, or, in non-international armed conflicts, a non-State actor”.[[fn:24]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":23,"text":"Optional Protocol, art. 32."},{"n":24,"text":"ICRC, “Detention”, A to Z glossary. Available at https://casebook.icrc.org/a_to_z."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0021","docId":"cat-op-gc-1","idx":21,"n":21,"text":"21. A comprehensive approach to the definition of the term “places of deprivation of liberty” has also been adopted by regional human rights mechanisms. The European Court of Human Rights has held that deprivation of liberty is not confined to detention following arrest or conviction, but may take numerous other forms,[[fn:25]] including being held in psychiatric or social care institutions,[[fn:26]] being taken by paramedics and police officers to hospital,[[fn:27]] confinement in airport transit zones,[[fn:28]] confinement in land border transit zones,[[fn:29]] placement in a police car to draw up an administrative offence report,[[fn:30]] stops and searches by the police,[[fn:31]] not being permitted to leave during a house search,[[fn:32]] house arrest[[fn:33]] and holding migrants in reception facilities and on ships[[fn:34]] and asylum “hotspot” facilities.[[fn:35]] The Court has also emphasized that it adopts an autonomous interpretation of “deprivation of liberty” and is not bound by the terms of national legislation.[[fn:36]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":25,"text":"Guzzardi v. Italy, Application No. 7367/76, Judgment, 6 November 1980, para. 95."},{"n":26,"text":"See De Wilde, Ooms and Versyp v. Belgium, Applications No. 2832/66, 2835/66 and 2899/66, Judgment, 18 June 1971; H.L. v. the United Kingdom, Application No. 45508/99, Judgment, 5 October 2004; Storck v. Germany, Application No. 61603/00, Judgment, 16 June 2005; A. and Others v. Bulgaria, Application No. 51776/08, Judgment, 29 November 2011; and Stanev v. Bulgaria, Application No. 36760/06, Judgment, 17 January 2012."},{"n":27,"text":"See Aftanache v. Romania, Application No. 999/19, Judgment, 26 August 2020."},{"n":28,"text":"See Z.A. and Others v. Russia, Applications No. 61411/15, 61420/15, 61427/15 and 3028/16, Judgment, 21 November 2019; Amuur v. France, Application No. 19776/92, Judgment, 25 June 1996; Shamsa v. Poland, Applications No. 45355/99 and 45357/99, Judgment, 27 February 2022; and Riad and Idiab v. Belgium, Applications No. 29787/03 and 29810/03, Judgment, 24 April 2008."},{"n":29,"text":"See R.R. and Others v. Hungary, Application No. 36037/17, Judgment, 5 July 2021."},{"n":30,"text":"See Zelčs v. Latvia, Application No. 65367/16, Judgment, 20 June 2020."},{"n":31,"text":"See Foka v. Turkey, Application No. 28940/95, Judgment, 26 January 2009; Gillan and Quinton v. the United Kingdom, Application No. 4158/05, Judgment, 28 June 2010; and Shimovolos v. Russia, Application No. 30194/09, Judgment, 28 November 2011."},{"n":32,"text":"See Stănculeanu v. Romania, Application No. 26990/15, Judgment, 28 May 2018."},{"n":33,"text":"See Buzadji v. the Republic of Moldova, Application No. 23755/07, Judgment, 5 July 2016; Mancini v. Italy, Application No. 44955/98, Judgment, 2 August 2001; Lavents v. Latvia, Application No. 58442/00, Judgment 28 November 2003; Nikolova v. Bulgaria (No. 2), Application No. 40896/98, Judgment, 30 December 2004; and Dacosta Silva v. Spain, Application No. 69966/01, Judgment, 2 February 2007."},{"n":34,"text":"See Khlaifia and Others v. Italy, Application No. 16483/12, Judgment, 15 December 2016."},{"n":35,"text":"See J.R. and Others v. Greece, Application No. 22696/16, Judgment, 28 May 2018."},{"n":36,"text":"Khlaifia and Others v. Italy, para. 71; and Krupko and Others v. Russia, Application No. 26587/07, Judgment, 26 June 2014, para. 37."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0022","docId":"cat-op-gc-1","idx":22,"n":22,"text":"22. Under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, visits may be organized to various places where persons are deprived of their liberty, whatever the reasons for that deprivation of liberty, and the Convention is applicable to all such places. This includes places where persons are held in custody, imprisoned because of conviction for an offence, held in administrative detention or interned for medical reasons, or where minors are detained by a public authority, including by military authorities.[[fn:37]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":37,"text":"Council of Europe, “Explanatory report to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”, European Treaty Series, No. 126, para. 30."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0023","docId":"cat-op-gc-1","idx":23,"n":23,"text":"23. The Inter-American Court of Human Rights has utilized the term “deprivation of liberty” instead of “detention” because it considers it more inclusive in interpreting the right to personal liberty under the American Convention on Human Rights. It has also adopted a broad approach, in keeping with the development of international human rights law and autonomous from the provisions of national legislation. Thus, the Court has established that the particular element that allows a measure to be identified as one that deprives persons of liberty is the fact that they cannot or are unable to leave or abandon at will the place or establishment in which they have been placed.[[fn:38]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":38,"text":"Advisory Opinion OC-21/14 on the Rights and Guarantees of Children in the Context of Migration and/or in Need of International Protection, 19 August 2014, para. 145."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0024","docId":"cat-op-gc-1","idx":24,"n":24,"text":"24. Consistent with this approach, the Inter-American Commission of Human Rights has defined deprivation of liberty as referring to public or private institutions and has clarified that this category of persons includes “not only those deprived of their liberty because of crimes or infringements or non-compliance with the law, whether they are accused or convicted, but also those persons who are under the custody and supervision of certain institutions, such as: psychiatric hospitals and other establishments for persons with physical, mental, or sensory disabilities; institutions for children and the elderly; centres for migrants, refugees, asylum or refugee status seekers, stateless and undocumented persons; and any other similar institution the purpose of which is to deprive persons of their liberty”.[[fn:39]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":39,"text":"Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, general provision."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0025","docId":"cat-op-gc-1","idx":25,"n":25,"text":"25. Similarly, within the African system of human rights, both the African Court on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Rights interpret the provisions of the African Charter of Human and Peoples’ Rights to encompass the broad approach to deprivation of liberty, underscoring that it may occur in different forms.[[fn:40]] The African Commission on Human and Peoples’ Rights understands the right to liberty as the “right to be free”: “Liberty thus denotes freedom from restraint – the ability to do as one pleases, provided it is done in accordance with established law.”[[fn:41]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":40,"text":"See, for example, African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Libya, Application No. 002/2013, Judgment, 3 June 2016, paras. 78 ff."},{"n":41,"text":"Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v. Sudan, Communication No. 279/03-296/05, 27 May 2009, para. 172."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0026","docId":"cat-op-gc-1","idx":26,"n":26,"text":"26. Lastly, the International Court of Justice, the principal judicial organ of the United Nations, has also made it clear that deprivation of liberty can take place in various forms and can occur in various places.[[fn:42]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":42,"text":"Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo), Merits, Judgment, I.C.J. Reports 2010, p. 639."}],"section":["II. Comprehensive approach to defining places of deprivation of liberty","B. Approach of other United Nations and regional human rights mechanisms"]},{"id":"cat-op-gc-1-0027","docId":"cat-op-gc-1","idx":27,"n":27,"text":"27. Article 4 (2) of the Optional Protocol clearly stipulates that deprivation of liberty can occur in any location, be it a public or a private custodial setting. Consequently, the mandates of national preventive mechanisms and the Subcommittee extend to places beyond prison settings and States parties must ensure access to any privately run institutions, be they criminal justice, administrative, health-care, social care or other settings. Any other approach, limiting the mandate of national preventive mechanisms and of the Subcommittee to public custodial settings only, is contrary to article 4.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","A. Public or private custodial setting"],"citedArticles":[{"article":"4","paragraph":"2","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'Article 4 (2) of the Optional Protocol clearly stipulates that deprivation of liberty can occur in any location' — OPCAT art. 4(2) explicitly."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'contrary to article 4' — same OPCAT art. 4 context; limiting to public settings is contrary to OPCAT art. 4."}]},{"id":"cat-op-gc-1-0028","docId":"cat-op-gc-1","idx":28,"n":28,"text":"28. Moreover, while some institutions may be run by State authorities, many others may be private institutions, institutions whose operation has been outsourced or delegated to private actors and/or institutions run by non-State actors. In all such cases, the State remains responsible for the way in which such contractors carry out that delegation and it cannot absolve itself of the responsibility for how the private companies or other entities run such facilities, given that a duty of care is owed by the State to those deprived of their liberty.[[fn:43]] This includes a duty to allow preventive visits to any such facilities by national preventive mechanisms and the Subcommittee.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":43,"text":"See also Working Group on Arbitrary Detention, revised deliberation No. 5 (A/HRC/39/45, annex), para. 46."}],"section":["III. Constitutive elements of article 4","A. Public or private custodial setting"]},{"id":"cat-op-gc-1-0029","docId":"cat-op-gc-1","idx":29,"n":29,"text":"29. The physical location and status of a place of deprivation of liberty under international law are highly relevant for determining whether a place falls under the mandates of the Subcommittee and national preventive mechanisms. In this regard, the question may arise as to whether a place of deprivation of liberty has to fall simultaneously under both the jurisdiction of a State party and its effective control, or whether the exercise of either jurisdiction or control by a State party suffices to mean that it falls under the visiting mandate of the Subcommittee and the national preventive mechanisms.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0030","docId":"cat-op-gc-1","idx":30,"n":30,"text":"30. There is a linguistic discrepancy in the wording of article 4 of the Optional Protocol among its six authentic texts: the English authentic text contains the phrase “any place under its jurisdiction and control”, while the French authentic text reads “tout lieu placé sous sa juridiction ou sous son contrôle” – meaning “any place under its jurisdiction or control”. The discrepancy cannot be resolved by prioritizing a literal interpretation of one version over the others, given that, in accordance with article 33 of the Vienna Convention on the Law of Treaties, all six versions of the Optional Protocol are equally authoritative.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"opus","rationale":"'wording of article 4 of the Optional Protocol' — OPCAT art.4 explicit."},{"article":"33","treaty":"?","confidence":"high","source":"opus","rationale":"'article 33 of the Vienna Convention on the Law of Treaties' — VCLT, not a UN core treaty."}]},{"id":"cat-op-gc-1-0031","docId":"cat-op-gc-1","idx":31,"n":31,"text":"31. Having regard to article 31 of the Vienna Convention on the Law of Treaties[[fn:44]] and therefore to the object and the purpose of the Optional Protocol and international obligations to prevent torture and other cruel, inhuman or degrading treatment or punishment, the interpretation that maximizes the preventive impact of the work of national preventive mechanisms and the Subcommittee should be applied: article 4 of the Optional Protocol should therefore be read as “jurisdiction or control”. Any other interpretation would lead to unacceptable “grey areas” that cannot be reconciled with the absolute and non-derogable prohibition of torture and cruel, inhuman or degrading treatment or punishment in international law.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":44,"text":"See paragraph 10 above."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"],"citedArticles":[{"article":"31","treaty":"?","confidence":"high","source":"opus","rationale":"'Having regard to article 31 of the Vienna Convention on the Law of Treaties' — VCLT, not a UN core treaty."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"opus","rationale":"'article 4 of the Optional Protocol should therefore be read as jurisdiction or control' — OPCAT art.4 explicit."}]},{"id":"cat-op-gc-1-0032","docId":"cat-op-gc-1","idx":32,"n":32,"text":"32. Consequently, in the Subcommittee’s guidelines on national preventive mechanisms, it is emphasized that the State should allow the national preventive mechanism to visit all, and any suspected, places of deprivation of liberty that are within its jurisdiction. For those purposes, the jurisdiction of the State extends to all those places over which it exercises effective control.[[fn:45]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":45,"text":"CAT/OP/12/5, para. 24."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0033","docId":"cat-op-gc-1","idx":33,"n":33,"text":"33. This interpretation is consistent with that of other treaty bodies. In particular, the Committee against Torture has stated that article 2 of the Convention against Torture requires that each State party take effective measures to prevent acts of torture in any territory under its jurisdiction. The Committee has recognized that “any territory” includes all areas where the State party exercises, directly or indirectly, in whole or in part, de jure or de facto effective control, in accordance with international law. The reference to “any territory” refers to prohibited acts committed not only on board a ship or aircraft registered in a State party, but also during military occupation or peacekeeping operations and in such places as embassies, military bases, detention facilities and other areas over which a State exercises factual or effective control. The Committee considers that the scope of “territory” under article 2 must also include situations where a State party exercises, directly or indirectly, de facto or de jure control over persons in detention.[[fn:46]] The implementation of the Optional Protocol, and specifically the preventive visits undertaken by the mechanisms established pursuant to it, constitute an effective preventive measure that States parties to the Convention against Torture are obliged to undertake, in accordance with articles 2 (1) and 16 (1) of that Convention.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":46,"text":"Committee against Torture, general comment No. 2 (2007), para. 16."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"],"citedArticles":[{"article":"2","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'article 2 of the Convention against Torture requires that each State party take effective measures to prevent acts of torture' — CAT art. 2 (obligation to prevent torture)."},{"article":"2","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text: continued discussion of 'article 2' scope (any territory, including embassies, military bases) — CAT art. 2, same context as above."},{"article":"2","paragraph":"1","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'in accordance with articles 2 (1) and 16 (1) of that Convention' — 'that Convention' = Convention against Torture (CAT); art. 2(1) = obligation to take effective preventive measures."},{"article":"16","paragraph":"1","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'articles 2 (1) and 16 (1) of that Convention' — CAT; art. 16(1) = prohibition of cruel, inhuman or degrading treatment."}]},{"id":"cat-op-gc-1-0034","docId":"cat-op-gc-1","idx":34,"n":34,"text":"34. Equally, the Human Rights Committee, the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families all hold that States parties’ obligations under the respective treaties encompass everyone who may be in a State party’s territory, under its jurisdiction or within its power or effective control, even if not situated within its territory.[[fn:47]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":47,"text":"Human Rights Committee, general comment No. 31 (2004), para. 10; and joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017), para. 12."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0035","docId":"cat-op-gc-1","idx":35,"n":35,"text":"35. The practical relevance for the mechanisms established under the Optional Protocol arises in particular in situations where parts of a State party’s territory are occupied by another State or under the control of non-State actors; where States “outsource” detention or “lease” facilities for detention (e.g. prisons, immigration detention facilities and military bases where deprivation of liberty might take place, including in the context of peacekeeping and peaceenforcement operations) on the territory of another State; during involuntary removals (extradition, expulsion, deportation, etc.) by aircraft, boat or similar; and in cases where States declare certain parts of their territory as “international zones”.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0036","docId":"cat-op-gc-1","idx":36,"n":36,"text":"36. In practice, the Subcommittee has visited and continues to endeavour to visit places of deprivation of liberty within the jurisdiction of a State party but not under its effective control, and vice versa. Likewise, the practice of other international and regional mechanisms mandated to visit places of deprivation of liberty with a view to preventing torture and other forms of ill-treatment demonstrates that, even if a territory is not under the effective control of a State, it may still fall within its jurisdiction and therefore within the mandate of the mechanism.[[fn:48]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":48,"text":"See E/CN.4/2006/6/Add.3; A/HRC/10/44/Add.3; Council of Europe, “Report on the visit to the Transnistrian region of the Republic of Moldova carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment from 27 to 30 November 2000” (CPT/Inf (2002) 35); and Council of Europe, “Report to the Governments of Belgium and the Netherlands on the visit to Tilburg Prison carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment from 17 to 19 October 2011” (CPT/Inf (2012) 19)."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0037","docId":"cat-op-gc-1","idx":37,"n":37,"text":"37. The Subcommittee, in a compilation of advice in response to requests from national preventive mechanisms published in its ninth annual report, set out the practical details for implementation of the Optional Protocol in cross-border situations, such as the leasing by a State party of prisons or immigration detention facilities located on the territory of another State.[[fn:49]] The Subcommittee has established that the sending State should ensure that its national preventive mechanism has the legal and practical capacity to visit persons deprived of their liberty in such settings, in accordance with the provisions of the Optional Protocol. After undertaking such visits, the national preventive mechanism of the sending State should be able to present its recommendations and enter into a dialogue with the authorities of both the sending and the receiving States. Moreover, if the receiving State is a party to the Optional Protocol, its national preventive mechanism should have the right to visit the place of deprivation of liberty and present its recommendations to both the sending and the receiving authorities. In other words, in cross-border situations involving two States parties to the Optional Protocol, the onus is on both parties to facilitate effective preventive visits by their national preventive mechanisms and by the Subcommittee.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":49,"text":"CAT/C/57/4 and CAT/C/57/4/Corr.1, annex, paras. 26–31."}],"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0038","docId":"cat-op-gc-1","idx":38,"n":38,"text":"38. It is not inconceivable that the mechanisms of the Optional Protocol will face limits to their ability in practice to visit places where de facto control is exercised by non-State actors, such as armed insurgent groups, or States that are not parties to the Optional Protocol. However, a State party is still obliged to do everything in its power – for example, through bilateral agreements – to facilitate access by the bodies established under the Optional Protocol to places of deprivation of liberty that are outside its effective control. Lastly, States parties cannot in good faith circumvent their obligations under the Optional Protocol to allow visits by deliberately outsourcing deprivation of liberty onto the territory of third States or to international zones, as this would undermine the object and purpose of the Optional Protocol.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"]},{"id":"cat-op-gc-1-0039","docId":"cat-op-gc-1","idx":39,"n":39,"text":"39. In this context, it is recalled that article 29 of the Optional Protocol requires that its provisions extend to all parts of federal States without any limitations or exceptions. The Subcommittee emphasizes that all places of deprivation of liberty fall under article 4 of the Optional Protocol, irrespective of whether they are run by federal, state or provincial authorities or are within the jurisdiction or under the control of such authorities acting jointly and irrespective of any domestic regulations adopted in this regard.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","B. Jurisdiction or control"],"citedArticles":[{"article":"29","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'article 29 of the Optional Protocol requires that its provisions extend to all parts of federal States' — OPCAT art. 29 (federal clause) explicitly."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'all places of deprivation of liberty fall under article 4 of the Optional Protocol' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0040","docId":"cat-op-gc-1","idx":40,"n":40,"text":"40. Article 4 of the Optional Protocol refers to any place where persons are or may be deprived of their liberty. This is not limited to the conventional view taken of the term “places of deprivation of liberty”, but should be understood comprehensively, in accordance with the object and purpose of the Optional Protocol, to mean any place, facility or setting in which individuals already are or potentially may be deprived of their liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","C. In which persons are or may be deprived of their liberty"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'Article 4 of the Optional Protocol refers to any place where persons are or may be deprived of their liberty' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0041","docId":"cat-op-gc-1","idx":41,"n":41,"text":"41. The Subcommittee has been unwavering in its view that, in order to properly discharge fulfil their obligations under the Optional Protocol, States parties must allow national preventive mechanisms and the Subcommittee access to any place where persons are, or in their opinion may be, deprived of their liberty.[[fn:50]] It is therefore imperative that States parties not only allow both the Subcommittee and national preventive mechanisms full access to any places, facilities or settings in which individuals currently are, previously were or potentially may be deprived of their liberty but also ensure the autonomy of the Subcommittee and the mechanisms to decide which places to visit. Such factors as the duration of the deprivation of liberty, the nature of the facility and the status accorded to it in the domestic legal system are irrelevant for the determination of whether a place constitutes a place of deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":50,"text":"CAT/OP/MEX/2, para. 13."}],"section":["III. Constitutive elements of article 4","C. In which persons are or may be deprived of their liberty"]},{"id":"cat-op-gc-1-0042","docId":"cat-op-gc-1","idx":42,"n":42,"text":"42. The factual element of a person not being “permitted to leave at will” a place, facility or setting is a key consideration of article 4 of the Optional Protocol. Indeed, the deciding factor for the qualification of any place, facility or setting as a place of deprivation of liberty is not the name or title given to it or its categorization in national legislation but whether individuals are free to leave it at will.[[fn:51]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":51,"text":"A/HRC/36/37, para. 56; and A/HRC/37/50, para. 17."}],"section":["III. Constitutive elements of article 4","D. In which persons are not permitted to leave"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'key consideration of article 4 of the Optional Protocol' and 'within the meaning of article 4 of the Optional Protocol' — OPCAT art. 4 explicitly named twice."}]},{"id":"cat-op-gc-1-0043","docId":"cat-op-gc-1","idx":43,"n":43,"text":"43. In this regard, the Subcommittee wishes to emphasize that, in some cases, an individual might be in a place that does not seem to constitute a place of deprivation of liberty but, when examined in the full context of an individual case, does indeed constitute such a place.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","D. In which persons are not permitted to leave"]},{"id":"cat-op-gc-1-0044","docId":"cat-op-gc-1","idx":44,"n":44,"text":"44. Similarly, an individual may be free to leave a place, facility or setting at will but may be unable to exercise that freedom for physical, medical, economic or other reasons, and is therefore compelled to remain. This creates a situation where, despite a theoretical right to leave at will, a person is unable to leave in practice. In certain places, facilities or settings, individuals’ inability to leave may be coupled with a high degree of vulnerability. This is particularly evident in respect of persons in situations of vulnerability, including children, women, survivors of trauma, older persons and persons with disabilities.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","D. In which persons are not permitted to leave"]},{"id":"cat-op-gc-1-0045","docId":"cat-op-gc-1","idx":45,"n":45,"text":"45. Consequently, whether a particular fact or circumstance may be taken to be a deprivation of liberty depends not only on whether the person in question has a de jure right to leave, but also on whether the person is able to exercise that right de facto and is able to do so without being exposed to serious human rights violations.[[fn:52]] Therefore, if the ability to leave such a place, facility or setting would be somehow limited or expose a person to serious human rights violations, that place, facility or setting should also be understood as a place of deprivation of liberty within the meaning of article 4 of the Optional Protocol.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":52,"text":"A/HRC/43/49, para. 65; and Working Group on Arbitrary Detention, opinion No. 22/2020, para. 69."}],"section":["III. Constitutive elements of article 4","D. In which persons are not permitted to leave"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'place of deprivation of liberty within the meaning of article 4 of the Optional Protocol' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0046","docId":"cat-op-gc-1","idx":46,"n":46,"text":"46. Under article 4 (1) of the Optional Protocol, States parties must allow visits to any place under its jurisdiction or control where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence. The Subcommittee has stated that any place in which persons are or may be deprived of their liberty should fall within the scope of the Optional Protocol, provided that such deprivation of liberty relates to a situation in which the State exercises or might be expected to exercise a regulatory function.[[fn:53]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":53,"text":"CAT/OP/MEX/2, para. 13."}],"section":["III. Constitutive elements of article 4","E. By virtue of an order given by a public authority or at its instigation or with its consent or acquiescence"],"citedArticles":[{"article":"4","paragraph":"1","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'Under article 4 (1) of the Optional Protocol, States parties must allow visits' — OPCAT art. 4(1) explicitly."}]},{"id":"cat-op-gc-1-0047","docId":"cat-op-gc-1","idx":47,"n":47,"text":"47. Deprivation of liberty that arises from an order given by a public authority concerns places where individuals are or may be deprived of their liberty and a State exercises or may exercise its regulatory or institutional function with regard to that place. That function may occur through a specific decision or order, often originating in the criminal justice system. However, it can also result from decisions made by other State bodies, such as administrative or judicial or quasi-judicial authorities. Deprivation of liberty that arises at a State’s instigation or with its consent or acquiescence encompasses a broader spectrum of scenarios wherein the State might be expected to exercise a regulatory function and uses its powers to promote, accept or allow deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","E. By virtue of an order given by a public authority or at its instigation or with its consent or acquiescence"]},{"id":"cat-op-gc-1-0048","docId":"cat-op-gc-1","idx":48,"n":48,"text":"48. “Instigation” must be understood in its literal sense, namely, as synonymous with “incitement”, “stimulation”, “inducement”, “solicitation”, “incentive” or “encouragement”. In other words, the authority participates or is involved in the origin of the decision to deprive a person of liberty. Instigation implies using the State’s powers to promote or in any other way aim at causing the deprivation of liberty of an individual. Instigation of the deprivation of liberty of individuals may be undertaken by various actions of State officials and could include media or public statements or any other forms of expression that could be understood as instigating a person, a group of persons or a legal entity to deprive an individual of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","E. By virtue of an order given by a public authority or at its instigation or with its consent or acquiescence"]},{"id":"cat-op-gc-1-0049","docId":"cat-op-gc-1","idx":49,"n":49,"text":"49. Consent and acquiescence concern situations in which State authorities are or should have been aware of the deprivation of liberty but fail to take any actions aimed at preventing or ending it, with consent referring to deprivation of liberty that has been expressly agreed to, and acquiescence referring to tacit consent. In the context of the Optional Protocol, acquiescence may concern situations in which the State tolerates, allows or in any other form chooses to turn a blind eye to deprivation of liberty caused by any other entity or person, allowing the specific situation of deprivation of liberty to take place and not exercising the powers of the authority to prevent, disallow or end it. States are accountable for the actions of both their public officials and private persons or non-State actors if the State, in any way, consents to those actions, either expressly or tacitly. The fact that States may choose not to undertake any actions aimed at preventing or ending such deprivation of liberty or that they may in any other way allow the existence of places of deprivation of liberty outside their authority does not exclude such places from the mandate of the Subcommittee and national preventive mechanisms.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","E. By virtue of an order given by a public authority or at its instigation or with its consent or acquiescence"]},{"id":"cat-op-gc-1-0050","docId":"cat-op-gc-1","idx":50,"n":50,"text":"50. The Subcommittee is mindful of the various traditional forms of justice and treatment prevalent globally that lead or may lead to individuals being deprived of their liberty. In some jurisdictions, traditional forms of justice and treatment, as well as other customary settings, exist alongside the formal legal system and its institutions, with the national legislation explicitly enabling their operation in parallel. In other countries, traditional forms of justice and treatment, as well as various other forms and places of deprivation of liberty, are not designated by national legislation, but nevertheless deprive persons of their liberty in practice. The Subcommittee recalls that all such situations fall within the remit of article 4 of the Optional Protocol through the obligation of the State party to allow visits to any place where a person is or may be deprived of liberty with the consent or acquiescence of a public authority.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["III. Constitutive elements of article 4","E. By virtue of an order given by a public authority or at its instigation or with its consent or acquiescence"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'fall within the remit of article 4 of the Optional Protocol through the obligation of the State party' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0051","docId":"cat-op-gc-1","idx":51,"n":51,"text":"51. Neither article 4 of the Optional Protocol nor the Subcommittee, in its practice, provides an exhaustive list of places of deprivation of liberty. It is not the Subcommittee’s intention to provide such a list in the present general comment, as that would be restrictive and thus contradict the Optional Protocol. Indeed, throughout the discharge of its mandate, the Subcommittee has established that places and forms of deprivation of liberty include not only prisons and police stations, but also situations of house arrest, closed centres for foreigners and asylum-seekers, centres for children, social care homes, hospital and psychiatric institutions, facilities for military personnel (or detention centres under military jurisdiction),[[fn:54]] clandestine clinics that “treat” homosexuality[[fn:55]] and places of compulsory quarantine and isolation.[[fn:56]] Special boarding or religious schools may also constitute places of deprivation of liberty.[[fn:57]] For example, the Subcommittee has visited daaras[[fn:58]] because it considers that they are places where persons (in particular young children) are or could be deprived of their liberty, with the tacit consent of the State party.[[fn:59]] The Subcommittee has also clearly stated in its visit reports that periods of deprivation of liberty during apprehension, transfer and removal are covered by the Optional Protocol.[[fn:60]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":54,"text":"CAT/OP/KGZ/2, para. 40. See also CAT/OP/NLD/1, para. 45."},{"n":55,"text":"CAT/OP/ECU/2, para. 51."},{"n":56,"text":"See CAT/OP/9."},{"n":57,"text":"CAT/OP/KGZ/2, para. 40."},{"n":58,"text":"Daara is the name used in some countries to designate traditional Qur’anic schools."},{"n":59,"text":"CAT/OP/SEN/RONPM/1, paras. 30 and 31."},{"n":60,"text":"CAT/OP/NLD/1, paras. 42 and 45."}],"section":["IV. Practical implementation of article 4","A. Places of deprivation of liberty visited by the Subcommittee and national preventive mechanisms"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'article 4 of the Optional Protocol nor the Subcommittee' — OPCAT art. 4 explicitly; GC is the OPCAT GC-1 by the Subcommittee."}]},{"id":"cat-op-gc-1-0052","docId":"cat-op-gc-1","idx":52,"n":52,"text":"52. There is convergence in the current practice of national preventive mechanisms regarding a wide, purposeful and effective interpretation of the term “place of deprivation of liberty”. Even in cases where national laws include non-exhaustive lists, national preventive mechanisms have generally gone beyond the listed facilities and visited other settings as part of their regular visiting programme. National preventive mechanisms have highlighted to the Subcommittee the need to ensure their access to all places of deprivation of liberty, whether public or private, non-profit or for-profit, and civil or military. They can include places where persons of any age are held on the orders, at the instigation or with the consent of a public authority, for a variety of reasons, such as being in conflict with the law or for protection, humanitarian or educational reasons. Persons held in places of deprivation of liberty can be there for any period of time, including very short periods, even in transit, and the place itself can be any type of facility and on land, at sea or in the air. Persons held in such places may have entered voluntarily or involuntarily. Deprivation of liberty can also take place when persons are arrested by police on public roads or by private guards in shopping malls, for example. Other places where persons may be de facto deprived of their liberty, such as privately owned or rented housing for persons with intellectual disabilities, owing to restrictions imposed by specific service providers, are also included within the scope of article 4.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["IV. Practical implementation of article 4","A. Places of deprivation of liberty visited by the Subcommittee and national preventive mechanisms"],"citedArticles":[{"treaty":"OPCAT","article":"4","source":"regex"}]},{"id":"cat-op-gc-1-0053","docId":"cat-op-gc-1","idx":53,"n":53,"text":"53. The Subcommittee welcomes the practice of many national preventive mechanisms reflecting a comprehensive understanding of the definition of places of deprivation of liberty, in compliance with the Optional Protocol. While emphasizing that article 4 of the Optional Protocol does not call for any type of exhaustive list, the following are illustrative examples of some of the places that national preventive mechanisms around the world have visited and should continue to visit as part of their obligations under the Optional Protocol: adult prisons; pretrial detention centres; juvenile or socioeducational detention centres; police or other law enforcement units; mental health facilities; nursing homes; orphanages; residences for children and adolescents without parental care or who have suffered neglect or abuse; centres for persons with disabilities; migrant detention centres, such as first reception centres for adults and unaccompanied children and detention and removal centres for migrants; transit zones at international borders; military compounds; vehicles, ships and aeroplanes; coronavirus disease (COVID-19) hotels and other formal places of compulsory quarantine and isolation, or home confinement; rehabilitation and treatment centres for persons with drug use disorders; police training schools; State security service detention facilities; boarding schools and religious schools; public demonstrations; and any gatherings where police practices such as kettling[[fn:61]] are or may be carried out.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":61,"text":"Kettling is a police practice in which group of demonstrators or protesters are confined in a small space as a method of crowd control."}],"section":["IV. Practical implementation of article 4","A. Places of deprivation of liberty visited by the Subcommittee and national preventive mechanisms"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'article 4 of the Optional Protocol does not call for any type of exhaustive list' — OPCAT art. 4 explicitly; obligations under OPCAT for NPMs."}]},{"id":"cat-op-gc-1-0054","docId":"cat-op-gc-1","idx":54,"n":54,"text":"54. The worldwide public health emergency in the context of the COVID-19 pandemic led to the widespread application of modern technologies that, for example, individuals were required to use in the context of compulsory quarantine. These had a direct impact on the right of such persons to personal liberty and, indeed, in some instances, led to them being deprived of their liberty. Similarly, the emergence of digital, non-physical spaces has made it possible to use digital environments for meting out treatment prohibited under articles 1 and 16 of the Convention against Torture.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["IV. Practical implementation of article 4","A. Places of deprivation of liberty visited by the Subcommittee and national preventive mechanisms"],"citedArticles":[{"treaty":"CAT","article":"1","source":"regex"},{"treaty":"CAT","article":"16","source":"regex"}]},{"id":"cat-op-gc-1-0055","docId":"cat-op-gc-1","idx":55,"n":55,"text":"55. Consequently, mindful of the wide variety of circumstances in which deprivation of liberty occurs or may occur, the Subcommittee underlines that the key element in deciding whether a place is or may be a place of deprivation of liberty is the status of the persons who are or may be deprived of their liberty rather than any official title accorded or description allocated by the national authorities and/or national legislation or others. In this regard, it is paramount that the autonomy and functional independence of the Subcommittee and national preventive mechanisms are fully ensured in practice to enable both to make a fully independent decision as to whether a particular place constitutes or may constitute a place of deprivation of liberty and therefore comes under their respective mandates.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["IV. Practical implementation of article 4","A. Places of deprivation of liberty visited by the Subcommittee and national preventive mechanisms"]},{"id":"cat-op-gc-1-0056","docId":"cat-op-gc-1","idx":56,"n":56,"text":"56. The Subcommittee is mindful of the various settings in which persons in situations of vulnerability, including children and adolescents, older persons, LGBTIQ+ persons, individuals with physical and psychosocial disabilities, Indigenous Peoples and people who use drugs, may be confined, unable to leave at will. Aside from such places as prisons and remand centres, there are specific settings where people are or may be deprived of their liberty, including but not limited to schools and institutions that engage in the care of children, military camps, social care facilities, institutions for persons with disabilities or for persons with drug or alcohol use disorders, drug use treatment centres, orphanages, children’s homes, institutions for the educational supervision of children, psychiatric hospitals, mental health centres, shelters, hostels and migration detention centres. Moreover, in the case of children, there are settings in which they are or may be deprived of their liberty for reasons related to their, or their parents’, migration status, regardless of the name and reason given to the child’s deprivation of liberty, or the name of the facility or location where the child is deprived of liberty. All such places fall under article 4 of the Optional Protocol and therefore under the mandate of the Subcommittee and national preventive mechanisms.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["IV. Practical implementation of article 4","B. Persons in situations of vulnerability"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text: 'All such places fall under article 4 of the Optional Protocol and therefore under the mandate of the Subcommittee and national preventive mechanisms' — OPCAT art. 4 explicitly."}]},{"id":"cat-op-gc-1-0057","docId":"cat-op-gc-1","idx":57,"n":57,"text":"57. The Subcommittee notes that many persons with disabilities are presumed to be unable to live independently, or that support to live independently is not available or is tied to specific living arrangements.[[fn:62]] Although there may be no legal or administrative order confining such persons to a certain facility, the lack of support compels them to remain in living situations that deprive them of their liberty and may subject them to harmful practices. This form of disability-specific deprivation of liberty can occur in family homes and in institutional arrangements, including social care institutions, psychiatric institutions, longstay hospitals, nursing homes, secure dementia wards, special boarding schools, child welfare institutions, group homes, rehabilitation centres, forensic psychiatric settings, albinism hostels, leprosy colonies, religious communities, family-type homes for children and prayer camps.[[fn:63]]","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"footnotes":[{"n":62,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 5 (2017), para. 1."},{"n":63,"text":"CRPD/C/5, paras. 15 and 18."}],"section":["IV. Practical implementation of article 4","B. Persons in situations of vulnerability"]},{"id":"cat-op-gc-1-0058","docId":"cat-op-gc-1","idx":58,"n":58,"text":"58. Therefore, when considering whether a particular place, facility or setting is a place of deprivation of liberty within the meaning of article 4 of the Optional Protocol, it is important that national preventive mechanisms and the Subcommittee ascertain the presence of reasonable accommodation arrangements and support for persons with disabilities. If reasonable accommodation and support are unavailable, the place, facility or setting should be considered a place of deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["IV. Practical implementation of article 4","B. Persons in situations of vulnerability"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 4 of the Optional Protocol'; doc is cat-op-gc-1 from CAT-OP committee, so 'the Optional Protocol' unambiguously refers to OPCAT itself."}]},{"id":"cat-op-gc-1-0059","docId":"cat-op-gc-1","idx":59,"n":59,"text":"59. With the present general comment, the Subcommittee is setting out authoritative guidance on the effective implementation of the Optional Protocol, aimed at clarifying the obligations of States parties and the mandates of the Subcommittee and national preventive mechanisms under article 4. In compliance with the Optional Protocol, the term “places of deprivation of liberty” must be understood as a comprehensive concept that encompasses all situations, as a result of the cumulative reading of the two paragraphs of article 4. Moreover, the concept of places of deprivation of liberty is not fixed or limited. It evolves with time, allowing for the inclusion of novel situations and circumstances of deprivation of liberty that may arise in new contexts. Equally, the inclusion of places where persons may be deprived of their liberty signifies the importance of the autonomous decision-making in this regard by the Subcommittee and national preventive mechanisms. Only with such an approach and effective application may the Optional Protocol fulfil its core objective of preventing torture and other cruel, inhuman or degrading treatment or punishment through visits by the Subcommittee and national preventive mechanisms to all places of deprivation of liberty.","labels":[],"type":"gc","committee":"CAT-OP","committees":["CAT-OP"],"year":2024,"section":["V. Obligations of States parties under article 4"],"citedArticles":[{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"First ref: 'the mandates of the Subcommittee and national preventive mechanisms under article 4' — OPCAT art.4 defining places of deprivation of liberty."},{"article":"4","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Second ref: 'the cumulative reading of the two paragraphs of article 4' — same OPCAT art.4, same doc/committee context."}]},{"id":"hri-gen-1-rev-9-vol-i-p-181-0001","docId":"hri-gen-1-rev-9-vol-i-p-181","idx":1,"n":1,"text":"Paragraph 1 requires protection of the “right to hold opinions without interference”. This is a right to which the Covenant permits no exception or restriction. The Committee would welcome information from States parties concerning paragraph 1.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983},{"id":"hri-gen-1-rev-9-vol-i-p-181-0002","docId":"hri-gen-1-rev-9-vol-i-p-181","idx":2,"n":2,"text":"Paragraph 2 requires protection of the right to freedom of expression, which includes not only freedom to “impart information and ideas of all kinds”, but also freedom to “seek” and “receive” them “regardless of frontiers” and in whatever medium, “either orally, in writing or in print, in the form of art, or through any other media of his choice”. Not all States parties have provided information concerning all aspects of the freedom of expression. For instance, little attention has so far been given to the fact that, because of the development of modern mass media, effective measures are necessary to prevent such control of the media as would interfere with the right of everyone to freedom of expression in a way that is not provided for in paragraph 3.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983},{"id":"hri-gen-1-rev-9-vol-i-p-181-0003","docId":"hri-gen-1-rev-9-vol-i-p-181","idx":3,"n":3,"text":"Many State reports confine themselves to mentioning that freedom of expression is guaranteed under the Constitution or the law. However, in order to know the precise regime of freedom of expression in law and in practice, the Committee needs in addition pertinent information about the rules which either define the scope of freedom of expression or which set forth certain restrictions, as well as any other conditions which in practice affect the exercise of this right. It is the interplay between the principle of freedom of expression and such limitations and restrictions which determines the actual scope of the individual’s right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983},{"id":"hri-gen-1-rev-9-vol-i-p-181-0004","docId":"hri-gen-1-rev-9-vol-i-p-181","idx":4,"n":4,"text":"Paragraph 3 expressly stresses that the exercise of the right to freedom of expression carries with it special duties and responsibilities and for this reason certain restrictions on the right are permitted which may relate either to the interests of other persons or to those of the community as a whole. However, when a State party imposes certain restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself. Paragraph 3 lays down conditions and it is only subject to these conditions that restrictions may be imposed: the restrictions must be “provided by law”; they may only be imposed for one of the purposes set out in subparagraphs (a) and (b) of paragraph 3; and they must be justified as being “necessary” for that State party for one of those purposes.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983},{"id":"hri-gen-1-rev-9-vol-i-p-183-0001","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":1,"n":1,"text":"In accordance with the purposes and principles of the Charter of the United Nations, article 1 of the International Covenant on Civil and Political Rights recognizes that all peoples have the right of self‑determination. The right of self‑determination is of particular importance because its realization is an essential condition for the effective guarantee and observance of individual human rights and for the promotion and strengthening of those rights. It is for that reason that States set forth the right of self‑determination in a provision of positive law in both Covenants and placed this provision as article 1 apart from and before all of the other rights in the two Covenants.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"article":"1","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Explicitly 'article 1 of the International Covenant on Civil and Political Rights' (self-determination)."},{"article":"1","treaty":"AMBIGUOUS","confidence":"medium","source":"opus","rationale":"Text says 'as article 1 apart from and before all of the other rights in the two Covenants' — applies equally to ICCPR and ICESCR art. 1."}]},{"id":"hri-gen-1-rev-9-vol-i-p-183-0002","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":2,"n":2,"text":"Article 1 enshrines an inalienable right of all peoples as described in its paragraphs 1 and 2. By virtue of that right they freely “determine their political status and freely pursue their economic, social and cultural development”. The article imposes on all States parties corresponding obligations. This right and the corresponding obligations concerning its implementation are interrelated with other provisions of the Covenant and rules of international law.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-183-0003","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":3,"n":3,"text":"Although the reporting obligations of all States parties include article 1, only some reports give detailed explanations regarding each of its paragraphs. The Committee has noted that many of them completely ignore article 1, provide inadequate information in regard to it or confine themselves to a reference to election laws. The Committee considers it highly desirable that States parties’ reports should contain information on each paragraph of article 1.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"1","source":"regex"},{"treaty":"ICCPR","article":"1","source":"regex"},{"treaty":"ICCPR","article":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-183-0004","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":4,"n":4,"text":"With regard to paragraph 1 of article 1, States parties should describe the constitutional and political processes which in practice allow the exercise of this right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-183-0005","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":5,"n":5,"text":"Paragraph 2 affirms a particular aspect of the economic content of the right of self‑determination, namely the right of peoples, for their own ends, freely to “dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence”. This right entails corresponding duties for all States and the international community. States should indicate any factors or difficulties which prevent the free disposal of their natural wealth and resources contrary to the provisions of this paragraph and to what extent that affects the enjoyment of other rights set forth in the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-183-0006","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":6,"n":6,"text":"Paragraph 3, in the Committee’s opinion, is particularly important in that it imposes specific obligations on States parties, not only in relation to their own peoples but vis‑à‑vis all peoples which have not been able to exercise or have been deprived of the possibility of exercising their right to self‑determination. The general nature of this paragraph is confirmed by its drafting history. It stipulates that “The States parties to the present Covenant, including those having responsibility for the administration of Non‑Self‑Governing and Trust Territories, shall promote the realization of the right of self‑determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations”. The obligations exist irrespective of whether a people entitled to self‑determination depends on a State party to the Covenant or not. It follows that all States parties to the Covenant should take positive action to facilitate realization of and respect for the right of peoples to self‑determination. Such positive action must be consistent with the States’ obligations under the Charter of the United Nations and under international law: in particular, States must refrain from interfering in the internal affairs of other States and thereby adversely affecting the exercise of the right to self‑determination. The reports should contain information on the performance of these obligations and the measures taken to that end.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-183-0007","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":7,"n":7,"text":"In connection with article 1 of the Covenant, the Committee refers to other international instruments concerning the right of all peoples to self‑determination, in particular the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, adopted by the General Assembly on 24 October 1970 (General Assembly resolution 2625 (XXV)).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"article":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Home treaty is ICCPR and text says 'article 1 of the Covenant' in the context of CCPR GC on self-determination under ICCPR."}]},{"id":"hri-gen-1-rev-9-vol-i-p-183-0008","docId":"hri-gen-1-rev-9-vol-i-p-183","idx":8,"n":8,"text":"The Committee considers that history has proved that the realization of and respect for the right of self‑determination of peoples contributes to the establishment of friendly relations and cooperation between States and to strengthening international peace and understanding.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0001","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":1,"n":1,"text":"The Committee notes that article 14 of the Covenant is of a complex nature and that different aspects of its provisions will need specific comments. All of these provisions are aimed at ensuring the proper administration of justice, and to this end uphold a series of individual rights such as equality before the courts and tribunals and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law. Not all reports provided details on the legislative or other measures adopted specifically to implement each of the provisions of article 14.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0002","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":2,"n":2,"text":"In general, the reports of States parties fail to recognize that article 14 applies not only to procedures for the determination of criminal charges against individuals but also to procedures to determine their rights and obligations in a suit at law. Laws and practices dealing with these matters vary widely from State to State. This diversity makes it all the more necessary for States parties to provide all relevant information and to explain in greater detail how the concepts of “criminal charge” and “rights and obligations in a suit at law” are interpreted in relation to their respective legal systems.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0003","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":3,"n":3,"text":"The Committee would find it useful if, in their future reports, States parties could provide more detailed information on the steps taken to ensure that equality before the courts, including equal access to courts, fair and public hearings and competence, impartiality and independence of the judiciary are established by law and guaranteed in practice. In particular, States parties should specify the relevant constitutional and legislative texts which provide for the establishment of the courts and ensure that they are independent, impartial and competent, in particular with regard to the manner in which judges are appointed, the qualifications for appointment, and the duration of their terms of office; the condition governing promotion, transfer and cessation of their functions and the actual independence of the judiciary from the executive branch and the legislative.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0004","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":4,"n":4,"text":"The provisions of article 14 apply to all courts and tribunals within the scope of that article whether ordinary or specialized. The Committee notes the existence, in many countries, of military or special courts which try civilians. This could present serious problems as far as the equitable, impartial and independent administration of justice is concerned. Quite often the reason for the establishment of such courts is to enable exceptional procedures to be applied which do not comply with normal standards of justice. While the Covenant does not prohibit such categories of courts, nevertheless the conditions which it lays down clearly indicate that the trying of civilians by such courts should be very exceptional and take place under conditions which genuinely afford the full guarantees stipulated in article 14. The Committee has noted a serious lack of information in this regard in the reports of some States parties whose judicial institutions include such courts for the trying of civilians. In some countries such military and special courts do not afford the strict guarantees of the proper administration of justice in accordance with the requirements of article 14 which are essential for the effective protection of human rights. If States parties decide in circumstances of a public emergency as contemplated by article 4 to derogate from normal procedures required under article 14, they should ensure that such derogations do not exceed those strictly required by the exigencies of the actual situation, and respect the other conditions in paragraph 1 of article 14.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0005","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":5,"n":5,"text":"The second sentence of article 14, paragraph 1, provides that “everyone shall be entitled to a fair and public hearing”. Paragraph 3 of the article elaborates on the requirements of a “fair hearing” in regard to the determination of criminal charges. However, the requirements of paragraph 3 are minimum guarantees, the observance of which is not always sufficient to ensure the fairness of a hearing as required by paragraph 1.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0006","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":6,"n":6,"text":"The publicity of hearings is an important safeguard in the interest of the individual and of society at large. At the same time article 14, paragraph 1, acknowledges that courts have the power to exclude all or part of the public for reasons spelt out in that paragraph. It should be noted that, apart from such exceptional circumstances, the Committee considers that a hearing must be open to the public in general, including members of the press, and must not, for instance, be limited only to a particular category of persons. It should be noted that, even in cases in which the public is excluded from the trial, the judgement must, with certain strictly defined exceptions, be made public.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0007","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":7,"n":7,"text":"The Committee has noted a lack of information regarding article 14, paragraph 2 and, in some cases, has even observed that the presumption of innocence, which is fundamental to the protection of human rights, is expressed in very ambiguous terms or entails conditions which render it ineffective. By reason of the presumption of innocence, the burden of proof of the charge is on the prosecution and the accused has the benefit of doubt. No guilt can be presumed until the charge has been proved beyond reasonable doubt. Further, the presumption of innocence implies a right to be treated in accordance with this principle. It is, therefore, a duty for all public authorities to refrain from prejudging the outcome of a trial.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0008","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":8,"n":8,"text":"Among the minimum guarantees in criminal proceedings prescribed by paragraph 3, the first concerns the right of everyone to be informed in a language which he understands of the charge against him (subpara. (a)). The Committee notes that State reports often do not explain how this right is respected and ensured. Article 14 (3) (a) applies to all cases of criminal charges, including those of persons not in detention. The Committee notes further that the right to be informed of the charge “promptly” requires that information is given in the manner described as soon as the charge is first made by a competent authority. In the opinion of the Committee this right must arise when in the course of an investigation a court or an authority of the prosecution decides to take procedural steps against a person suspected of a crime or publicly names him as such. The specific requirements of subparagraph 3 (a) may be met by stating the charge either orally or in writing, provided that the information indicates both the law and the alleged facts on which it is based.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","paragraph":"3","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0009","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":9,"n":9,"text":"Subparagraph 3 (b) provides that the accused must have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing. What is “adequate time” depends on the circumstances of each case, but the facilities must include access to documents and other evidence which the accused requires to prepare his case, as well as the opportunity to engage and communicate with counsel. When the accused does not want to defend himself in person or request a person or an association of his choice, he should be able to have recourse to a lawyer. Furthermore, this subparagraph requires counsel to communicate with the accused in conditions giving full respect for the confidentiality of their communications. Lawyers should be able to counsel and to represent their clients in accordance with their established professional standards and judgement without any restrictions, influences, pressures or undue interference from any quarter.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0010","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":10,"n":10,"text":"Subparagraph 3 (c) provides that the accused shall be tried without undue delay. This guarantee relates not only to the time by which a trial should commence, but also the time by which it should end and judgement be rendered; all stages must take place “without undue delay”. To make this right effective, a procedure must be available in order to ensure that the trial will proceed “without undue delay”, both in first instance and on appeal.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0011","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":11,"n":11,"text":"Not all reports have dealt with all aspects of the right of defence as defined in subparagraph 3 (d). The Committee has not always received sufficient information concerning the protection of the right of the accused to be present during the determination of any charge against him nor how the legal system assures his right either to defend himself in person or to be assisted by counsel of his own choosing, or what arrangements are made if a person does not have sufficient means to pay for legal assistance. The accused or his lawyer must have the right to act diligently and fearlessly in pursuing all available defences and the right to challenge the conduct of the case if they believe it to be unfair. When exceptionally for justified reasons trials in absentia are held, strict observance of the rights of the defence is all the more necessary.","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0012","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":12,"n":12,"text":"Subparagraph 3 (e) states that the accused shall be entitled to examine or have examined the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him. This provision is designed to guarantee to the accused the same legal powers of compelling the attendance of witnesses and of examining or cross‑examining any witnesses as are available to the prosecution.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0013","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":13,"n":13,"text":"Subparagraph 3 (f) provides that if the accused cannot understand or speak the language used in court he is entitled to the assistance of an interpreter free of any charge. This right is independent of the outcome of the proceedings and applies to aliens as well as to nationals. It is of basic importance in cases in which ignorance of the language used by a court or difficulty in understanding may constitute a major obstacle to the right of defence.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-184-0014","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":14,"n":14,"text":"Subparagraph 3 (g) provides that the accused may not be compelled to testify against himself or to confess guilt. In considering this safeguard the provisions of article 7 and article 10, paragraph 1, should be borne in mind. In order to compel the accused to confess or to testify against himself, frequently methods which violate these provisions are used. The law should require that evidence provided by means of such methods or any other form of compulsion is wholly unacceptable.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0015","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":15,"n":15,"text":"In order to safeguard the rights of the accused under paragraphs 1 and 3 of article 14, judges should have authority to consider any allegations made of violations of the rights of the accused during any stage of the prosecution.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0016","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":16,"n":16,"text":"Article 14, paragraph 4, provides that in the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. Not many reports have furnished sufficient information concerning such relevant matters as the minimum age at which a juvenile may be charged with a criminal offence, the maximum age at which a person is still considered to be a juvenile, the existence of special courts and procedures, the laws governing procedures against juveniles and how all these special arrangements for juveniles take account of “the desirability of promoting their rehabilitation”. Juveniles are to enjoy at least the same guarantees and protection as are accorded to adults under article 14.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0017","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":17,"n":17,"text":"Article 14, paragraph 5, provides that everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. Particular attention is drawn to the other language versions of the word “crime” (“infraction”, “delito”, “prestuplenie”) which show that the guarantee is not confined only to the most serious offences. In this connection, not enough information has been provided concerning the procedures of appeal, in particular the access to and the powers of reviewing tribunals, what requirements must be satisfied to appeal against a judgement, and the way in which the procedures before review tribunals take account of the fair and public hearing requirements of paragraph 1 of article 14.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0018","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":18,"n":18,"text":"Article 14, paragraph 6, provides for compensation according to law in certain cases of a miscarriage of justice as described therein. It seems from many State reports that this right is often not observed or insufficiently guaranteed by domestic legislation. States should, where necessary, supplement their legislation in this area in order to bring it into line with the provisions of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-184-0019","docId":"hri-gen-1-rev-9-vol-i-p-184","idx":19,"n":19,"text":"In considering State reports differing views have often been expressed as to the scope of paragraph 7 of article 14. Some States parties have even felt the need to make reservations in relation to procedures for the resumption of criminal cases. It seems to the Committee that most States parties make a clear distinction between a resumption of a trial justified by exceptional circumstances and a re‑trial prohibited pursuant to the principle of ne bis in idem as contained in paragraph 7. This understanding of the meaning of ne bis in idem may encourage States parties to reconsider their reservations to article 14, paragraph 7.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-188-0001","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":1,"n":1,"text":"In its general comment No. 6 [16] adopted at its 378th meeting on 27 July 1982, the Human Rights Committee observed that the right to life enunciated in the first paragraph of article 6 of the International Covenant on Civil and Political Rights is the supreme right from which no derogation is permitted even in time of public emergency. The same right to life is enshrined in article 3 of the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on 10 December 1948. It is basic to all human rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984,"citedArticles":[{"article":"6","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Explicitly 'article 6 of the International Covenant on Civil and Political Rights' (right to life)."},{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Explicitly 'article 3 of the Universal Declaration of Human Rights' — non-treaty."}]},{"id":"hri-gen-1-rev-9-vol-i-p-188-0002","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":2,"n":2,"text":"In its previous general comment, the Committee also observed that it is the supreme duty of States to prevent wars. War and other acts of mass violence continue to be a scourge of humanity and take the lives of thousands of innocent human beings every year.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-188-0003","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":3,"n":3,"text":"While remaining deeply concerned by the toll of human life taken by conventional weapons in armed conflicts, the Committee has noted that, during successive sessions of the General Assembly, representatives from all geographical regions have expressed their growing concern at the development and proliferation of increasingly awesome weapons of mass destruction, which not only threaten human life but also absorb resources that could otherwise be used for vital economic and social purposes, particularly for the benefit of developing countries, and thereby for promoting and securing the enjoyment of human rights for all.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-188-0004","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":4,"n":4,"text":"The Committee associates itself with this concern. It is evident that the designing, testing, manufacture, possession and deployment of nuclear weapons are among the greatest threats to the right to life which confront mankind today. This threat is compounded by the danger that the actual use of such weapons may be brought about, not only in the event of war, but even through human or mechanical error or failure.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-188-0005","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":5,"n":5,"text":"Furthermore, the very existence and gravity of this threat generates a climate of suspicion and fear between States, which is in itself antagonistic to the promotion of universal respect for and observance of human rights and fundamental freedoms in accordance with the Charter of the United Nations and the International Covenants on Human Rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-188-0006","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":6,"n":6,"text":"The production, testing, possession, deployment and use of nuclear weapons should be prohibited and recognized as crimes against humanity.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-188-0007","docId":"hri-gen-1-rev-9-vol-i-p-188","idx":7,"n":7,"text":"The Committee accordingly, in the interest of mankind, calls upon all States, whether Parties to the Covenant or not, to take urgent steps, unilaterally and by agreement, to rid the world of this menace.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1984},{"id":"hri-gen-1-rev-9-vol-i-p-189-0001","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":1,"n":1,"text":"Reports from States parties have often failed to take into account that each State party must ensure the rights in the Covenant to “all individuals within its territory and subject to its jurisdiction” (art. 2, para. 1). In general, the rights set forth in the Covenant apply to everyone, irrespective of reciprocity, and irrespective of his or her nationality or statelessness.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-189-0002","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":2,"n":2,"text":"Thus, the general rule is that each one of the rights of the Covenant must be guaranteed without discrimination between citizens and aliens. Aliens receive the benefit of the general requirement of non‑discrimination in respect of the rights guaranteed in the Covenant, as provided for in article 2 thereof. This guarantee applies to aliens and citizens alike. Exceptionally, some of the rights recognized in the Covenant are expressly applicable only to citizens (art. 25), while article 13 applies only to aliens. However, the Committee’s experience in examining reports shows that in a number of countries other rights that aliens should enjoy under the Covenant are denied to them or are subject to limitations that cannot always be justified under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-189-0003","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":3,"n":3,"text":"A few constitutions provide for equality of aliens with citizens. Some constitutions adopted more recently carefully distinguish fundamental rights that apply to all and those granted to citizens only, and deal with each in detail. In many States, however, the constitutions are drafted in terms of citizens only when granting relevant rights. Legislation and case law may also play an important part in providing for the rights of aliens. The Committee has been informed that in some States fundamental rights, though not guaranteed to aliens by the Constitution or other legislation, will also be extended to them as required by the Covenant. In certain cases, however, there has clearly been a failure to implement Covenant rights without discrimination in respect of aliens.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986},{"id":"hri-gen-1-rev-9-vol-i-p-189-0004","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":4,"n":4,"text":"The Committee considers that in their reports States parties should give attention to the position of aliens, both under their law and in actual practice. The Covenant gives aliens all the protection regarding rights guaranteed therein, and its requirements should be observed by States parties in their legislation and in practice as appropriate. The position of aliens would thus be considerably improved. States parties should ensure that the provisions of the Covenant and the rights under it are made known to aliens within their jurisdiction.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986},{"id":"hri-gen-1-rev-9-vol-i-p-189-0005","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":5,"n":5,"text":"The Covenant does not recognize the right of aliens to enter or reside in the territory of a State party. It is in principle a matter for the State to decide who it will admit to its territory. However, in certain circumstances an alien may enjoy the protection of the Covenant even in relation to entry or residence, for example, when considerations of non‑discrimination, prohibition of inhuman treatment and respect for family life arise.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986},{"id":"hri-gen-1-rev-9-vol-i-p-189-0006","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":6,"n":6,"text":"Consent for entry may be given subject to conditions relating, for example, to movement, residence and employment. A State may also impose general conditions upon an alien who is in transit. However, once aliens are allowed to enter the territory of a State party they are entitled to the rights set out in the Covenant.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986},{"id":"hri-gen-1-rev-9-vol-i-p-189-0007","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":7,"n":7,"text":"Aliens thus have an inherent right to life, protected by law, and may not be arbitrarily deprived of life. They must not be subjected to torture or to cruel, inhuman or degrading treatment or punishment; nor may they be held in slavery or servitude. Aliens have the full right to liberty and security of the person. If lawfully deprived of their liberty, they shall be treated with humanity and with respect for the inherent dignity of their person. Aliens may not be imprisoned for failure to fulfil a contractual obligation. They have the right to liberty of movement and free choice of residence; they shall be free to leave the country. Aliens shall be equal before the courts and tribunals, and shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law in the determination of any criminal charge or of rights and obligations in a suit at law. Aliens shall not be subjected to retrospective penal legislation, and are entitled to recognition before the law. They may not be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence. They have the right to freedom of thought, conscience and religion, and the right to hold opinions and to express them. Aliens receive the benefit of the right of peaceful assembly and of freedom of association. They may marry when at marriageable age. Their children are entitled to those measures of protection required by their status as minors. In those cases where aliens constitute a minority within the meaning of article 27, they shall not be denied the right, in community with other members of their group, to enjoy their own culture, to profess and practise their own religion and to use their own language. Aliens are entitled to equal protection by the law. There shall be no discrimination between aliens and citizens in the application of these rights. These rights of aliens may be qualified only by such limitations as may be lawfully imposed under the Covenant.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-189-0008","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":8,"n":8,"text":"Once an alien is lawfully within a territory, his freedom of movement within the territory and his right to leave that territory may only be restricted in accordance with article 12, paragraph 3. Differences in treatment in this regard between aliens and nationals, or between different categories of aliens, need to be justified under article 12, paragraph 3. Since such restrictions must, inter alia, be consistent with the other rights recognized in the Covenant, a State party cannot, by restraining an alien or deporting him to a third country, arbitrarily prevent his return to his own country (art. 12, para. 4).","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-189-0009","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":9,"n":9,"text":"Many reports have given insufficient information on matters relevant to article 13. That article is applicable to all procedures aimed at the obligatory departure of an alien, whether described in national law as expulsion or otherwise. If such procedures entail arrest, the safeguards of the Covenant relating to deprivation of liberty (arts. 9 and 10) may also be applicable. If the arrest is for the particular purpose of extradition, other provisions of national and international law may apply. Normally an alien who is expelled must be allowed to leave for any country that agrees to take him. The particular rights of article 13 only protect those aliens who are lawfully in the territory of a State party. This means that national law concerning the requirements for entry and stay must be taken into account in determining the scope of that protection, and that illegal entrants and aliens who have stayed longer than the law or their permits allow, in particular, are not covered by its provisions. However, if the legality of an alien’s entry or stay is in dispute, any decision on this point leading to his expulsion or deportation ought to be taken in accordance with article 13. It is for the competent authorities of the State party, in good faith and in the exercise of their powers, to apply and interpret the domestic law, observing, however, such requirements under the Covenant as equality before the law (art. 26).","labels":["Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-189-0010","docId":"hri-gen-1-rev-9-vol-i-p-189","idx":10,"n":10,"text":"Article 13 directly regulates only the procedure and not the substantive grounds for expulsion. However, by allowing only those carried out “in pursuance of a decision reached in accordance with law”, its purpose is clearly to prevent arbitrary expulsions. On the other hand, it entitles each alien to a decision in his own case and, hence, article 13 would not be satisfied with laws or decisions providing for collective or mass expulsions. This understanding, in the opinion of the Committee, is confirmed by further provisions concerning the right to submit reasons against expulsion and to have the decision reviewed by and to be represented before the competent authority or someone designated by it. An alien must be given full facilities for pursuing his remedy against expulsion so that this right will in all the circumstances of his case be an effective one. The principles of article 13 relating to appeal against expulsion and the entitlement to review by a competent authority may only be departed from when “compelling reasons of national security” so require. Discrimination may not be made between different categories of aliens in the application of article 13.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1986,"citedArticles":[{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0001","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":1,"n":1,"text":"Article 17 provides for the right of every person to be protected against arbitrary or unlawful interference with his privacy, family, home or correspondence as well as against unlawful attacks on his honour and reputation. In the view of the Committee this right is required to be guaranteed against all such interferences and attacks whether they emanate from State authorities or from natural or legal persons. The obligations imposed by this article require the State to adopt legislative and other measures to give effect to the prohibition against such interferences and attacks as well as to the protection of this right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0002","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":2,"n":2,"text":"In this connection, the Committee wishes to point out that in the reports of States parties to the Covenant the necessary attention is not being given to information concerning the manner in which respect for this right is guaranteed by legislative, administrative or judicial authorities, and in general by the competent organs established in the State. In particular, insufficient attention is paid to the fact that article 17 of the Covenant deals with protection against both unlawful and arbitrary interference. That means that it is precisely in State legislation above all that provision must be made for the protection of the right set forth in that article. At present the reports either say nothing about such legislation or provide insufficient information on the subject.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0003","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":3,"n":3,"text":"The term “unlawful” means that no interference can take place except in cases envisaged by the law. Interference authorized by States can only take place on the basis of law, which itself must comply with the provisions, aims and objectives of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988},{"id":"hri-gen-1-rev-9-vol-i-p-191-0004","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":4,"n":4,"text":"The expression “arbitrary interference” is also relevant to the protection of the right provided for in article 17. In the Committee’s view the expression “arbitrary interference” can also extend to interference provided for under the law. The introduction of the concept of arbitrariness is intended to guarantee that even interference provided for by law should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0005","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":5,"n":5,"text":"Regarding the term “family”, the objectives of the Covenant require that for purposes of article 17 this term be given a broad interpretation to include all those comprising the family as understood in the society of the State party concerned. The term “home” in English, “manzel” in Arabic, “zhùzhái” in Chinese, “domicile” in French, “zhilische” in Russian and “domicilio” in Spanish, as used in article 17 of the Covenant, is to be understood to indicate the place where a person resides or carries out his usual occupation. In this connection, the Committee invites States to indicate in their reports the meaning given in their society to the terms “family” and “home”.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0006","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":6,"n":6,"text":"The Committee considers that the reports should include information on the authorities and organs set up within the legal system of the State which are competent to authorize interference allowed by the law. It is also indispensable to have information on the authorities which are entitled to exercise control over such interference with strict regard for the law, and to know in what manner and through which organs persons concerned may complain of a violation of the right provided for in article 17 of the Covenant. States should in their reports make clear the extent to which actual practice conforms to the law. State party reports should also contain information on complaints lodged in respect of arbitrary or unlawful interference, and the number of any findings in that regard, as well as the remedies provided in such cases.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0007","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":7,"n":7,"text":"As all persons live in society, the protection of privacy is necessarily relative. However, the competent public authorities should only be able to call for such information relating to an individual’s private life the knowledge of which is essential in the interests of society as understood under the Covenant. Accordingly, the Committee recommends that States should indicate in their reports the laws and regulations that govern authorized interferences with private life.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988},{"id":"hri-gen-1-rev-9-vol-i-p-191-0008","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":8,"n":8,"text":"Even with regard to interferences that conform to the Covenant, relevant legislation must specify in detail the precise circumstances in which such interferences may be permitted. A decision to make use of such authorized interference must be made only by the authority designated under the law, and on a case‑by‑case basis. Compliance with article 17 requires that the integrity and confidentiality of correspondence should be guaranteed de jure and de facto. Correspondence should be delivered to the addressee without interception and without being opened or otherwise read. Surveillance, whether electronic or otherwise, interceptions of telephonic, telegraphic and other forms of communication, wire‑tapping and recording of conversations should be prohibited. Searches of a person’s home should be restricted to a search for necessary evidence and should not be allowed to amount to harassment. So far as personal and body search is concerned, effective measures should ensure that such searches are carried out in a manner consistent with the dignity of the person who is being searched. Persons being subjected to body search by State officials, or medical personnel acting at the request of the State, should only be examined by persons of the same sex.","labels":["LGBTI+"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0009","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":9,"n":9,"text":"States parties are under a duty themselves not to engage in interferences inconsistent with article 17 of the Covenant and to provide the legislative framework prohibiting such acts by natural or legal persons.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-191-0010","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":10,"n":10,"text":"The gathering and holding of personal information on computers, data banks and other devices, whether by public authorities or private individuals or bodies, must be regulated by law. Effective measures have to be taken by States to ensure that information concerning a person’s private life does not reach the hands of persons who are not authorized by law to receive, process and use it, and is never used for purposes incompatible with the Covenant. In order to have the most effective protection of his private life, every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data is stored in automatic data files, and for what purposes. Every individual should also be able to ascertain which public authorities or private individuals or bodies control or may control their files. If such files contain incorrect personal data or have been collected or processed contrary to the provisions of the law, every individual should have the right to request rectification or elimination.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988},{"id":"hri-gen-1-rev-9-vol-i-p-191-0011","docId":"hri-gen-1-rev-9-vol-i-p-191","idx":11,"n":11,"text":"Article 17 affords protection to personal honour and reputation and States are under an obligation to provide adequate legislation to that end. Provision must also be made for everyone effectively to be able to protect himself against any unlawful attacks that do occur and to have an effective remedy against those responsible. States parties should indicate in their reports to what extent the honour or reputation of individuals is protected by law and how this protection is achieved according to their legal system.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1988,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0001","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":1,"n":1,"text":"Article 24 of the International Covenant on Civil and Political Rights recognizes the right of every child, without any discrimination, to receive from his family, society and the State the protection required by his status as a minor. Consequently, the implementation of this provision entails the adoption of special measures to protect children, in addition to the measures that States are required to take under article 2 to ensure that everyone enjoys the rights provided for in the Covenant. The reports submitted by States parties often seem to underestimate this obligation and supply inadequate information on the way in which children are afforded enjoyment of their right to a special protection.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0002","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":2,"n":2,"text":"In this connection, the Committee points out that the rights provided for in article 24 are not the only ones that the Covenant recognizes for children and that, as individuals, children benefit from all of the civil rights enunciated in the Covenant. In enunciating a right, some provisions of the Covenant expressly indicate to States measures to be adopted with a view to affording minors greater protection than adults. Thus, as far as the right to life is concerned, the death penalty cannot be imposed for crimes committed by persons under 18 years of age. Similarly, if lawfully deprived of their liberty, accused juvenile persons shall be separated from adults and are entitled to be brought as speedily as possible for adjudication; in turn, convicted juvenile offenders shall be subject to a penitentiary system that involves segregation from adults and is appropriate to their age and legal status, the aim being to foster reformation and social rehabilitation. In other instances, children are protected by the possibility of the restriction ‑ provided that such restriction is warranted ‑ of a right recognized by the Covenant, such as the right to publicize a judgement in a suit at law or a criminal case, from which an exception may be made when the interest of the minor so requires.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0003","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":3,"n":3,"text":"In most cases, however, the measures to be adopted are not specified in the Covenant and it is for each State to determine them in the light of the protection needs of children in its territory and within its jurisdiction. The Committee notes in this regard that such measures, although intended primarily to ensure that children fully enjoy the other rights enunciated in the Covenant, may also be economic, social and cultural. For example, every possible economic and social measure should be taken to reduce infant mortality and to eradicate malnutrition among children and to prevent them from being subjected to acts of violence and cruel and inhuman treatment or from being exploited by means of forced labour or prostitution, or by their use in the illicit trafficking of narcotic drugs, or by any other means. In the cultural field, every possible measure should be taken to foster the development of their personality and to provide them with a level of education that will enable them to enjoy the rights recognized in the Covenant, particularly the right to freedom of opinion and expression. Moreover, the Committee wishes to draw the attention of States parties to the need to include in their reports information on measures adopted to ensure that children do not take a direct part in armed conflicts.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-193-0004","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":4,"n":4,"text":"The right to special measures of protection belongs to every child because of his status as a minor. Nevertheless, the Covenant does not indicate the age at which he attains his majority. This is to be determined by each State party in the light of the relevant social and cultural conditions. In this respect, States should indicate in their reports the age at which the child attains his majority in civil matters and assumes criminal responsibility. States should also indicate the age at which a child is legally entitled to work and the age at which he is treated as an adult under labour law. States should further indicate the age at which a child is considered adult for the purposes of article 10, paragraphs 2 and 3. However, the Committee notes that the age for the above purposes should not be set unreasonably low and that in any case a State party cannot absolve itself from its obligations under the Covenant regarding persons under the age of 18, notwithstanding that they have reached the age of majority under domestic law.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0005","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":5,"n":5,"text":"The Covenant requires that children should be protected against discrimination on any grounds such as race, colour, sex, language, religion, national or social origin, property or birth. In this connection, the Committee notes that, whereas non‑discrimination in the enjoyment of the rights provided for in the Covenant also stems, in the case of children, from article 2 and their equality before the law from article 26, the non‑discrimination clause contained in article 24 relates specifically to the measures of protection referred to in that provision. Reports by States parties should indicate how legislation and practice ensure that measures of protection are aimed at removing all discrimination in every field, including inheritance, particularly as between children who are nationals and children who are aliens or as between legitimate children and children born out of wedlock.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0006","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":6,"n":6,"text":"Responsibility for guaranteeing children the necessary protection lies with the family, society and the State. Although the Covenant does not indicate how such responsibility is to be apportioned, it is primarily incumbent on the family, which is interpreted broadly to include all persons composing it in the society of the State party concerned, and particularly on the parents, to create conditions to promote the harmonious development of the child’s personality and his enjoyment of the rights recognized in the Covenant. However, since it is quite common for the father and mother to be gainfully employed outside the home, reports by States parties should indicate how society, social institutions and the State are discharging their responsibility to assist the family in ensuring the protection of the child. Moreover, in cases where the parents and the family seriously fail in their duties, ill‑treat or neglect the child, the State should intervene to restrict parental authority and the child may be separated from his family when circumstances so require. If the marriage is dissolved, steps should be taken, keeping in view the paramount interest of the children, to give them necessary protection and, so far as is possible, to guarantee personal relations with both parents. The Committee considers it useful that reports by States parties should provide information on the special measures of protection adopted to protect children who are abandoned or deprived of their family environment in order to enable them to develop in conditions that most closely resemble those characterizing the family environment.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-193-0007","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":7,"n":7,"text":"Under article 24, paragraph 2, every child has the right to be registered immediately after birth and to have a name. In the Committee’s opinion, this provision should be interpreted as being closely linked to the provision concerning the right to special measures of protection and it is designed to promote recognition of the child’s legal personality. Providing for the right to have a name is of special importance in the case of children born out of wedlock. The main purpose of the obligation to register children after birth is to reduce the danger of abduction, sale of or traffic in children, or of other types of treatment that are incompatible with the enjoyment of the rights provided for in the Covenant. Reports by States parties should indicate in detail the measures that ensure the immediate registration of children born in their territory.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-193-0008","docId":"hri-gen-1-rev-9-vol-i-p-193","idx":8,"n":8,"text":"Special attention should also be paid, in the context of the protection to be granted to children, to the right of every child to acquire a nationality, as provided for in article 24, paragraph 3. While the purpose of this provision is to prevent a child from being afforded less protection by society and the State because he is stateless, it does not necessarily make it an obligation for States to give their nationality to every child born in their territory. However, States are required to adopt every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he is born. In this connection, no discrimination with regard to the acquisition of nationality should be admissible under internal law as between legitimate children and children born out of wedlock or of stateless parents or based on the nationality status of one or both of the parents. The measures adopted to ensure that children have a nationality should always be referred to in reports by States parties.","labels":["Children","Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0001","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":1,"n":1,"text":"Non‑discrimination, together with equality before the law and equal protection of the law without any discrimination, constitute a basic and general principle relating to the protection of human rights. Thus, article 2, paragraph 1, of the International Covenant on Civil and Political Rights obligates each State party to respect and ensure to all persons within its territory and subject to its jurisdiction the rights recognized in the Covenant without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 26 not only entitles all persons to equality before the law as well as equal protection of the law but also prohibits any discrimination under the law and guarantees to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0002","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":2,"n":2,"text":"Indeed, the principle of non‑discrimination is so basic that article 3 obligates each State party to ensure the equal right of men and women to the enjoyment of the rights set forth in the Covenant. While article 4, paragraph 1, allows States parties to take measures derogating from certain obligations under the Covenant in time of public emergency, the same article requires, inter alia, that those measures should not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. Furthermore, article 20, paragraph 2, obligates States parties to prohibit, by law, any advocacy of national, racial or religious hatred which constitutes incitement to discrimination.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0003","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":3,"n":3,"text":"Because of their basic and general character, the principle of non‑discrimination as well as that of equality before the law and equal protection of the law are sometimes expressly referred to in articles relating to particular categories of human rights. Article 14, paragraph 1, provides that all persons shall be equal before the courts and tribunals, and paragraph 3 of the same article provides that, in the determination of any criminal charge against him, everyone shall be entitled, in full equality, to the minimum guarantees enumerated in subparagraphs (a) to (g) of paragraph 3. Similarly, article 25 provides for the equal participation in public life of all citizens, without any of the distinctions mentioned in article 2.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0004","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":4,"n":4,"text":"It is for the States parties to determine appropriate measures to implement the relevant provisions. However, the Committee is to be informed about the nature of such measures and their conformity with the principles of non‑discrimination and equality before the law and equal protection of the law.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-195-0005","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":5,"n":5,"text":"The Committee wishes to draw the attention of States parties to the fact that the Covenant sometimes expressly requires them to take measures to guarantee the equality of rights of the persons concerned. For example, article 23, paragraph 4, stipulates that States parties shall take appropriate steps to ensure equality of rights as well as responsibilities of spouses as to marriage, during marriage and at its dissolution. Such steps may take the form of legislative, administrative or other measures, but it is a positive duty of States parties to make certain that spouses have equal rights as required by the Covenant. In relation to children, article 24 provides that all children, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, have the right to such measures of protection as are required by their status as minors, on the part of their family, society and the State.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"},{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0006","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":6,"n":6,"text":"The Committee notes that the Covenant neither defines the term “discrimination” nor indicates what constitutes discrimination. However, article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination provides that the term “racial discrimination” shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. Similarly, article 1 of the Convention on the Elimination of All Forms of Discrimination against Women provides that “discrimination against women” shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination provides that the term \"racial discrimination\" shall mean…' — this is CERD art. 1. The regex tagged ICCPR by default but the sentence names CERD."},{"article":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 1 of the Convention on the Elimination of All Forms of Discrimination against Women provides that \"discrimination against women\" shall mean…' — this is CEDAW art. 1. Again regex defaulted to ICCPR but the sentence is unambiguous."}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0007","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":7,"n":7,"text":"While these conventions deal only with cases of discrimination on specific grounds, the Committee believes that the term “discrimination” as used in the Covenant should be understood to imply any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-195-0008","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":8,"n":8,"text":"The enjoyment of rights and freedoms on an equal footing, however, does not mean identical treatment in every instance. In this connection, the provisions of the Covenant are explicit. For example, article 6, paragraph 5, prohibits the death sentence from being imposed on persons below 18 years of age. The same paragraph prohibits that sentence from being carried out on pregnant women. Similarly, article 10, paragraph 3, requires the segregation of juvenile offenders from adults. Furthermore, article 25 guarantees certain political rights, differentiating on grounds of citizenship.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0009","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":9,"n":9,"text":"Reports of many States parties contain information regarding legislative as well as administrative measures and court decisions which relate to protection against discrimination in law, but they very often lack information which would reveal discrimination in fact. When reporting on articles 2 (1), 3 and 26 of the Covenant, States parties usually cite provisions of their constitution or equal opportunity laws with respect to equality of persons. While such information is of course useful, the Committee wishes to know if there remain any problems of discrimination in fact, which may be practised either by public authorities, by the community, or by private persons or bodies. The Committee wishes to be informed about legal provisions and administrative measures directed at diminishing or eliminating such discrimination.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0010","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":10,"n":10,"text":"The Committee also wishes to point out that the principle of equality sometimes requires States parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant. For example, in a State where the general conditions of a certain part of the population prevent or impair their enjoyment of human rights, the State should take specific action to correct those conditions. Such action may involve granting for a time to the part of the population concerned certain preferential treatment in specific matters as compared with the rest of the population. However, as long as such action is needed to correct discrimination in fact, it is a case of legitimate differentiation under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-195-0011","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":11,"n":11,"text":"Both article 2, paragraph 1, and article 26 enumerate grounds of discrimination such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The Committee has observed that in a number of constitutions and laws not all the grounds on which discrimination is prohibited, as cited in article 2, paragraph 1, are enumerated. The Committee would therefore like to receive information from States parties as to the significance of such omissions.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0012","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":12,"n":12,"text":"While article 2 limits the scope of the rights to be protected against discrimination to those provided for in the Covenant, article 26 does not specify such limitations. That is to say, article 26 provides that all persons are equal before the law and are entitled to equal protection of the law without discrimination, and that the law shall guarantee to all persons equal and effective protection against discrimination on any of the enumerated grounds. In the view of the Committee, article 26 does not merely duplicate the guarantee already provided for in article 2 but provides in itself an autonomous right. It prohibits discrimination in law or in fact in any field regulated and protected by public authorities. Article 26 is therefore concerned with the obligations imposed on States parties in regard to their legislation and the application thereof. Thus, when legislation is adopted by a State party, it must comply with the requirement of article 26 that its content should not be discriminatory. In other words, the application of the principle of non‑discrimination contained in article 26 is not limited to those rights which are provided for in the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-195-0013","docId":"hri-gen-1-rev-9-vol-i-p-195","idx":13,"n":13,"text":"Finally, the Committee observes that not every differentiation of treatment will constitute discrimination, if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose which is legitimate under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1989},{"id":"hri-gen-1-rev-9-vol-i-p-198-0001","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":1,"n":1,"text":"Article 23 of the International Covenant on Civil and Political Rights recognizes that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Protection of the family and its members is also guaranteed, directly or indirectly, by other provisions of the Covenant. Thus, article 17 establishes a prohibition on arbitrary or unlawful interference with the family. In addition, article 24 of the Covenant specifically addresses the protection of the rights of the child, as such or as a member of a family. In their reports, States parties often fail to give enough information on how the State and society are discharging their obligation to provide protection to the family and the persons composing it.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-198-0002","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":2,"n":2,"text":"The Committee notes that the concept of the family may differ in some respects from State to State, and even from region to region within a State, and that it is therefore not possible to give the concept a standard definition. However, the Committee emphasizes that, when a group of persons is regarded as a family under the legislation and practice of a State, it must be given the protection referred to in article 23. Consequently, States parties should report on how the concept and scope of the family is construed or defined in their own society and legal system. Where diverse concepts of the family, “nuclear” and “extended”, exist within a State, this should be indicated with an explanation of the degree of protection afforded to each. In view of the existence of various forms of family, such as unmarried couples and their children or single parents and their children, States parties should also indicate whether and to what extent such types of family and their members are recognized and protected by domestic law and practice.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-198-0003","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":3,"n":3,"text":"Ensuring the protection provided for under article 23 of the Covenant requires that States parties should adopt legislative, administrative or other measures. States parties should provide detailed information concerning the nature of such measures and the means whereby their effective implementation is assured. In fact, since the Covenant also recognizes the right of the family to protection by society, States parties’ reports should indicate how the necessary protection is granted to the family by the State and other social institutions, whether and to what extent the State gives financial or other support to the activities of such institutions, and how it ensures that these activities are compatible with the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-198-0004","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":4,"n":4,"text":"Article 23, paragraph 2, of the Covenant reaffirms the right of men and women of marriageable age to marry and to found a family. Paragraph 3 of the same article provides that no marriage shall be entered into without the free and full consent of the intending spouses. States parties’ reports should indicate whether there are restrictions or impediments to the exercise of the right to marry based on special factors such as degree of kinship or mental incapacity. The Covenant does not establish a specific marriageable age either for men or for women, but that age should be such as to enable each of the intending spouses to give his or her free and full personal consent in a form and under conditions prescribed by law. In this connection, the Committee wishes to note that such legal provisions must be compatible with the full exercise of the other rights guaranteed by the Covenant; thus, for instance, the right to freedom of thought, conscience and religion implies that the legislation of each State should provide for the possibility of both religious and civil marriages. In the Committee’s view, however, for a State to require that a marriage, which is celebrated in accordance with religious rites, be conducted, affirmed or registered also under civil law is not incompatible with the Covenant. States are also requested to include information on this subject in their reports.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-198-0005","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":5,"n":5,"text":"The right to found a family implies, in principle, the possibility to procreate and live together. When States parties adopt family planning policies, they should be compatible with the provisions of the Covenant and should, in particular, not be discriminatory or compulsory. Similarly, the possibility to live together implies the adoption of appropriate measures, both at the internal level and as the case may be, in cooperation with other States, to ensure the unity or reunification of families, particularly when their members are separated for political, economic or similar reasons.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990},{"id":"hri-gen-1-rev-9-vol-i-p-198-0006","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":6,"n":6,"text":"Article 23, paragraph 4, of the Covenant provides that States parties shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-198-0007","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":7,"n":7,"text":"With regard to equality as to marriage, the Committee wishes to note in particular that no sex‑based discrimination should occur in respect of the acquisition or loss of nationality by reason of marriage. Likewise, the right of each spouse to retain the use of his or her original family name or to participate on an equal basis in the choice of a new family name should be safeguarded.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990},{"id":"hri-gen-1-rev-9-vol-i-p-198-0008","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":8,"n":8,"text":"During marriage, the spouses should have equal rights and responsibilities in the family. This equality extends to all matters arising from their relationship, such as choice of residence, running of the household, education of the children and administration of assets. Such equality continues to be applicable to arrangements regarding legal separation or dissolution of the marriage.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990},{"id":"hri-gen-1-rev-9-vol-i-p-198-0009","docId":"hri-gen-1-rev-9-vol-i-p-198","idx":9,"n":9,"text":"Thus, any discriminatory treatment in regard to the grounds and procedures for separation or divorce, child custody, maintenance or alimony, visiting rights or the loss or recovery of parental authority must be prohibited, bearing in mind the paramount interest of the children in this connection. States parties should, in particular, include information in their reports concerning the provision made for the necessary protection of any children at the dissolution of a marriage or on the separation of the spouses","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1990},{"id":"hri-gen-1-rev-9-vol-i-p-200-0001","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":1,"n":1,"text":"This general comment replaces general comment No. 7 (the sixteenth session, 1982) reflecting and further developing it.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-200-0002","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":2,"n":2,"text":"The aim of the provisions of article 7 of the International Covenant on Civil and Political Rights is to protect both the dignity and the physical and mental integrity of the individual. It is the duty of the State party to afford everyone protection through legislative and other measures as may be necessary against the acts prohibited by article 7, whether inflicted by people acting in their official capacity, outside their official capacity or in a private capacity. The prohibition in article 7 is complemented by the positive requirements of article 10, paragraph 1, of the Covenant, which stipulates that “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0003","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":3,"n":3,"text":"The text of article 7 allows of no limitation. The Committee also reaffirms that, even in situations of public emergency such as those referred to in article 4 of the Covenant, no derogation from the provision of article 7 is allowed and its provisions must remain in force. The Committee likewise observes that no justification or extenuating circumstances may be invoked to excuse a violation of article 7 for any reasons, including those based on an order from a superior officer or public authority.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0004","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":4,"n":4,"text":"The Covenant does not contain any definition of the concepts covered by article 7, nor does the Committee consider it necessary to draw up a list of prohibited acts or to establish sharp distinctions between the different kinds of punishment or treatment; the distinctions depend on the nature, purpose and severity of the treatment applied.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0005","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":5,"n":5,"text":"The prohibition in article 7 relates not only to acts that cause physical pain but also to acts that cause mental suffering to the victim. In the Committee’s view, moreover, the prohibition must extend to corporal punishment, including excessive chastisement ordered as punishment for a crime or as an educative or disciplinary measure. It is appropriate to emphasize in this regard that article 7 protects, in particular, children, pupils and patients in teaching and medical institutions.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0006","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":6,"n":6,"text":"The Committee notes that prolonged solitary confinement of the detained or imprisoned person may amount to acts prohibited by article 7. As the Committee has stated in its general comment No. 6 (16), article 6 of the Covenant refers generally to abolition of the death penalty in terms that strongly suggest that abolition is desirable. Moreover, when the death penalty is applied by a State party for the most serious crimes, it must not only be strictly limited in accordance with article 6 but it must be carried out in such a way as to cause the least possible physical and mental suffering.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0007","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":7,"n":7,"text":"Article 7 expressly prohibits medical or scientific experimentation without the free consent of the person concerned. The Committee notes that the reports of States parties generally contain little information on this point. More attention should be given to the need and means to ensure observance of this provision. The Committee also observes that special protection in regard to such experiments is necessary in the case of persons not capable of giving valid consent, and in particular those under any form of detention or imprisonment. Such persons should not be subjected to any medical or scientific experimentation that may be detrimental to their health.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0008","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":8,"n":8,"text":"The Committee notes that it is not sufficient for the implementation of article 7 to prohibit such treatment or punishment or to make it a crime. States parties should inform the Committee of the legislative, administrative, judicial and other measures they take to prevent and punish acts of torture and cruel, inhuman and degrading treatment in any territory under their jurisdiction.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0009","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":9,"n":9,"text":"In the view of the Committee, States parties must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of their extradition, expulsion or refoulement. States parties should indicate in their reports what measures they have adopted to that end.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-200-0010","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":10,"n":10,"text":"The Committee should be informed how States parties disseminate, to the population at large, relevant information concerning the ban on torture and the treatment prohibited by article 7. Enforcement personnel, medical personnel, police officers and any other persons involved in the custody or treatment of any individual subjected to any form of arrest, detention or imprisonment must receive appropriate instruction and training. States parties should inform the Committee of the instruction and training given and the way in which the prohibition of article 7 forms an integral part of the operational rules and ethical standards to be followed by such persons.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0011","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":11,"n":11,"text":"In addition to describing steps to provide the general protection against acts prohibited under article 7 to which anyone is entitled, the State party should provide detailed information on safeguards for the special protection of particularly vulnerable persons. It should be noted that keeping under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment is an effective means of preventing cases of torture and ill‑treatment. To guarantee the effective protection of detained persons, provisions should be made for detainees to be held in places officially recognized as places of detention and for their names and places of detention, as well as for the names of persons responsible for their detention, to be kept in registers readily available and accessible to those concerned, including relatives and friends. To the same effect, the time and place of all interrogations should be recorded, together with the names of all those present and this information should also be available for purposes of judicial or administrative proceedings. Provisions should also be made against incommunicado detention. In that connection, States parties should ensure that any places of detention be free from any equipment liable to be used for inflicting torture or ill‑treatment. The protection of the detainee also requires that prompt and regular access be given to doctors and lawyers and, under appropriate supervision when the investigation so requires, to family members.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0012","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":12,"n":12,"text":"It is important for the discouragement of violations under article 7 that the law must prohibit the use of admissibility in judicial proceedings of statements or confessions obtained through torture or other prohibited treatment.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0013","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":13,"n":13,"text":"States parties should indicate when presenting their reports the provisions of their criminal law which penalize torture and cruel, inhuman and degrading treatment or punishment, specifying the penalties applicable to such acts, whether committed by public officials or other persons acting on behalf of the State, or by private persons. Those who violate article 7, whether by encouraging, ordering, tolerating or perpetrating prohibited acts, must be held responsible. Consequently, those who have refused to obey orders must not be punished or subjected to any adverse treatment.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0014","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":14,"n":14,"text":"Article 7 should be read in conjunction with article 2, paragraph 3, of the Covenant. In their reports, States parties should indicate how their legal system effectively guarantees the immediate termination of all the acts prohibited by article 7 as well as appropriate redress. The right to lodge complaints against maltreatment prohibited by article 7 must be recognized in the domestic law. Complaints must be investigated promptly and impartially by competent authorities so as to make the remedy effective. The reports of States parties should provide specific information on the remedies available to victims of maltreatment and the procedure that complainants must follow, and statistics on the number of complaints and how they have been dealt with.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-200-0015","docId":"hri-gen-1-rev-9-vol-i-p-200","idx":15,"n":15,"text":"The Committee has noted that some States have granted amnesty in respect of acts of torture. Amnesties are generally incompatible with the duty of States to investigate such acts; to guarantee freedom from such acts within their jurisdiction; and to ensure that they do not occur in the future. States may not deprive individuals of the right to an effective remedy, including compensation and such full rehabilitation as may be possible.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0001","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":1,"n":1,"text":"This general comment replaces general comment No. 9 (the sixteenth session, 1982) reflecting and further developing it.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0002","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":2,"n":2,"text":"Article 10, paragraph 1, of the International Covenant on Civil and Political Rights applies to any one deprived of liberty under the laws and authority of the State who is held in prisons, hospitals ‑ particularly psychiatric hospitals ‑ detention camps or correctional institutions or elsewhere. States parties should ensure that the principle stipulated therein is observed in all institutions and establishments within their jurisdiction where persons are being held.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0003","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":3,"n":3,"text":"Article 10, paragraph 1, imposes on States parties a positive obligation towards persons who are particularly vulnerable because of their status as persons deprived of liberty, and complements for them the ban on torture or other cruel, inhuman or degrading treatment or punishment contained in article 7 of the Covenant. Thus, not only may persons deprived of their liberty not be subjected to treatment that is contrary to article 7, including medical or scientific experimentation, but neither may they be subjected to any hardship or constraint other than that resulting from the deprivation of liberty; respect for the dignity of such persons must be guaranteed under the same conditions as for that of free persons. Persons deprived of their liberty enjoy all the rights set forth in the Covenant, subject to the restrictions that are unavoidable in a closed environment.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0004","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":4,"n":4,"text":"Treating all persons deprived of their liberty with humanity and with respect for their dignity is a fundamental and universally applicable rule. Consequently, the application of this rule, as a minimum, cannot be dependent on the material resources available in the State party. This rule must be applied without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0005","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":5,"n":5,"text":"States parties are invited to indicate in their reports to what extent they are applying the relevant United Nations standards applicable to the treatment of prisoners: the Standard Minimum Rules for the Treatment of Prisoners (1957), the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988), the Code of Conduct for Law Enforcement Officials (1978) and the Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1982).","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0006","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":6,"n":6,"text":"The Committee recalls that reports should provide detailed information on national legislative and administrative provisions that have a bearing on the right provided for in article 10, paragraph 1. The Committee also considers that it is necessary for reports to specify what concrete measures have been taken by the competent authorities to monitor the effective application of the rules regarding the treatment of persons deprived of their liberty. States parties should include in their reports information concerning the system for supervising penitentiary establishments, the specific measures to prevent torture and cruel, inhuman or degrading treatment, and how impartial supervision is ensured.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0007","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":7,"n":7,"text":"Furthermore, the Committee recalls that reports should indicate whether the various applicable provisions form an integral part of the instruction and training of the personnel who have authority over persons deprived of their liberty and whether they are strictly adhered to by such personnel in the discharge of their duties. It would also be appropriate to specify whether arrested or detained persons have access to such information and have effective legal means enabling them to ensure that those rules are respected, to complain if the rules are ignored and to obtain adequate compensation in the event of a violation.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0008","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":8,"n":8,"text":"The Committee recalls that the principle set forth in article 10, paragraph 1, constitutes the basis for the more specific obligations of States parties in respect of criminal justice, which are set forth in article 10, paragraphs 2 and 3.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0009","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":9,"n":9,"text":"Article 10, paragraph 2 (a), provides for the segregation, save in exceptional circumstances, of accused persons from convicted ones. Such segregation is required in order to emphasize their status as unconvicted persons who at the same time enjoy the right to be presumed innocent as stated in article 14, paragraph 2. The reports of States parties should indicate how the separation of accused persons from convicted persons is effected and explain how the treatment of accused persons differs from that of convicted persons.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0010","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":10,"n":10,"text":"As to article 10, paragraph 3, which concerns convicted persons, the Committee wishes to have detailed information on the operation of the penitentiary system of the State party. No penitentiary system should be only retributory; it should essentially seek the reformation and social rehabilitation of the prisoner. States parties are invited to specify whether they have a system to provide assistance after release and to give information as to its success.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0011","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":11,"n":11,"text":"In a number of cases, the information furnished by the State party contains no specific reference either to legislative or administrative provisions or to practical measures to ensure the re‑education of convicted persons. The Committee requests specific information concerning the measures taken to provide teaching, education and re‑education, vocational guidance and training and also concerning work programmes for prisoners inside the penitentiary establishment as well as outside.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992},{"id":"hri-gen-1-rev-9-vol-i-p-202-0012","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":12,"n":12,"text":"In order to determine whether the principle set forth in article 10, paragraph 3, is being fully respected, the Committee also requests information on the specific measures applied during detention, e.g., how convicted persons are dealt with individually and how they are categorized, the disciplinary system, solitary confinement and high‑security detention and the conditions under which contacts are ensured with the outside world (family, lawyer, social and medical services, non‑governmental organizations).","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-202-0013","docId":"hri-gen-1-rev-9-vol-i-p-202","idx":13,"n":13,"text":"Moreover, the Committee notes that in the reports of some States parties no information has been provided concerning the treatment accorded to accused juvenile persons and juvenile offenders. Article 10, paragraph 2 (b), provides that accused juvenile persons shall be separated from adults. The information given in reports shows that some States parties are not paying the necessary attention to the fact that this is a mandatory provision of the Covenant. The text also provides that cases involving juveniles must be considered as speedily as possible. Reports should specify the measures taken by States parties to give effect to that provision. Lastly, under article 10, paragraph 3, juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status insofar as conditions of detention are concerned, such as shorter working hours and contact with relatives, with the aim of furthering their reformation and rehabilitation. Article 10 does not indicate any limits of juvenile age. While this is to be determined by each State party in the light of relevant social, cultural and other conditions, the Committee is of the opinion that article 6, paragraph 5, suggests that all persons under the age of 18 should be treated as juveniles, at least in matters relating to criminal justice. States should give relevant information about the age groups of persons treated as juveniles. In that regard, States parties are invited to indicate whether they are applying the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, known as the Beijing Rules (1987).","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1992,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0001","docId":"ccpr-c-21-rev-1-add-4","idx":1,"n":1,"text":"The right to freedom of thought, conscience and religion (which includes the freedom to hold beliefs) in article 18 (1) is far-reaching and profound; it encompasses freedom of thoughts on all matters, personal conviction and the commitment to religion or belief, whether manifested individually or in community with others. The Committee draws the attention of States parties to the fact that the freedom of thought and the freedom of conscience are protected equally with the freedom of religion and belief. The fundamental character of these freedoms is also reflected in the fact that this provision cannot be derogated from, even in time of public emergency, as stated in article 4 (2) of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"section":["General comment No. 5: Article 4 (Derogations)"],"citedArticles":[{"treaty":"ICCPR","article":"18","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"4","paragraph":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0002","docId":"ccpr-c-21-rev-1-add-4","idx":2,"n":2,"text":"Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms belief and religion are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious community.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"section":["General comment No. 5: Article 4 (Derogations)"],"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0003","docId":"ccpr-c-21-rev-1-add-4","idx":3,"n":3,"text":"Article 18 distinguishes the freedom of thought, conscience, religion or belief from the freedom to manifest religion or belief. It does not permit any limitations whatsoever on the freedom of thought and conscience or on the freedom to have or adopt a religion or belief of one’s choice. These freedoms are protected unconditionally, as is the right of everyone to hold opinions without interference in article 19 (1). In accordance with articles 18 (2) and 17, no one can be compelled to reveal his thoughts or adherence to a religion or belief.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"section":["General comment No. 5: Article 4 (Derogations)"],"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"19","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0004","docId":"ccpr-c-21-rev-1-add-4","idx":4,"n":4,"text":"The freedom to manifest religion or belief may be exercised \"either individually or in community with others and in public or private\". The freedom to manifest religion or belief in worship, observance, practice and teaching encompasses a broad range of acts. The concept of worship extends to ritual and ceremonial acts giving direct expression to belief, as well as various practices integral to such acts, including the building of places of worship, the use of ritual formulae and objects, the display of symbols, and the observance of holidays and days of rest. The observance and practice of religion or belief may include not only ceremonial acts but also such customs as the observance of dietary regulations, the wearing of distinctive clothing or headcoverings, participation in rituals associated with certain stages of life, and the use of a particular language customarily spoken by a group. In addition, the practice and teaching of religion or belief includes acts integral to the conduct by religious groups of their basic affairs, such as, inter alia, the freedom to choose their religious leaders, priests and teachers, the freedom to establish seminaries or religious schools and the freedom to prepare and distribute religious texts or publications.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993},{"id":"ccpr-c-21-rev-1-add-4-0005","docId":"ccpr-c-21-rev-1-add-4","idx":5,"n":5,"text":"The Committee observes that the freedom to \"have or to adopt\" a religion or belief necessarily entails the freedom to choose a religion or belief, including, inter alia, the right to replace one’s current religion or belief with another or to adopt atheistic views, as well as the right to retain one’s religion or belief. Article 18 (2) bars coercions that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs and congregations, to recant their religion or belief or to convert. Policies or practices having the same intention or effect, such as for example those restricting access to education, medical care, employment or the rights guaranteed by article 25 and other provisions of the Covenant are similarly inconsistent with article 18 (2). The same protection is enjoyed by holders of all beliefs of a non-religious nature.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0006","docId":"ccpr-c-21-rev-1-add-4","idx":6,"n":6,"text":"The Committee is of the view that article 18 (4) permits public school instruction in subjects such as the general history of religions and ethics if it is given in a neutral and objective way. The liberty of parents or legal guardians to ensure that their children receive a religious and moral education in conformity with their own convictions, set forth in article 18 (4), is related to the guarantees of the freedom to teach a religion or belief stated in article 18 (1). The Committee notes that public education that includes instruction in a particular religion or belief is inconsistent with article 18 (4) unless provision is made for non-discriminatory exemptions or alternatives that would accommodate the wishes of parents and guardians.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","paragraph":"4","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"4","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0007","docId":"ccpr-c-21-rev-1-add-4","idx":7,"n":7,"text":"According to article 20, no manifestation of religions or beliefs may amount to propaganda for war or advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. As stated by the Committee in its General Comment 11 [19], States parties are under the obligation to enact laws to prohibit such acts.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0008","docId":"ccpr-c-21-rev-1-add-4","idx":8,"n":8,"text":"Article 18 (3) permits restrictions on the freedom to manifest religion or belief only if limitations are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. The freedom from coercion to have or to adopt a religion or belief and the liberty of the parents and guardians to ensure religious and moral education cannot be restricted. In interpreting the scope of permissible limitation clauses, States parties should proceed from the need to protect the rights guaranteed under the Covenant, including the right to equality and non-discrimination on all grounds specified in articles 2, 3 and 26. Limitations imposed must be established by law and must not be applied in a manner that would vitiate the rights guaranteed in article 18. The Committee observes that paragraph 3 of article 18 is to be strictly interpreted: restrictions are not allowed on grounds not specified there, even if they would be allowed as restrictions to other rights protected in the Covenant, such as national security. Limitations may be applied only for those purposes for which they were prescribed and must be directly related and proportionate to the specific need on which they are predicated. Restrictions may not be imposed for discriminatory purposes or applied in a discriminatory manner. The Committee observes that the concept of morals derives from many social, philosophical and religious traditions; consequently, limitations on the freedom to manifest a religion or belief for the purpose of protecting morals must be based on principles not deriving exclusively from a single tradition. Persons already subject to certain legitimate constraints, such as prisoners, continue to enjoy their rights to manifest their religion or belief to the fullest extent compatible with the specific nature of the constraint. States parties’ reports should provide information on the full scope and effects of limitations under article 18 (3), both as a matter of law and of their application in specific circumstances.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","paragraph":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0009","docId":"ccpr-c-21-rev-1-add-4","idx":9,"n":9,"text":"The fact that a religion is recognized as a State religion or that it is established as official or traditional or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the Covenant, including articles 18 and 27, nor in any discrimination against adherents of other religions or non-believers. In particular, certain measures discriminating against the latter, such as measures restricting eligibility for government service to members of the predominant religion or giving economic privileges to them or imposing special restrictions on the practice of other faiths, are not in accordance with the prohibition of discrimination based on religion or belief and the guarantee of equal protection under article 26. The measures contemplated by article 20, paragraph 2, of the Covenant constitute important safeguards against infringements of the rights of religious minorities and of other religious groups to exercise the rights guaranteed by articles 18 and 27, and against acts of violence or persecution directed toward those groups. The Committee wishes to be informed of measures taken by States parties concerned to protect the practices of all religions or beliefs from infringement and to protect their followers from discrimination. Similarly, information as to respect for the rights of religious minorities under article 27 is necessary for the Committee to assess the extent to which the freedom of thought, conscience, religion and belief has been implemented by States parties. States parties concerned should also include in their reports information relating to practices considered by their laws and jurisprudence to be punishable as blasphemous.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0010","docId":"ccpr-c-21-rev-1-add-4","idx":10,"n":10,"text":"If a set of beliefs is treated as official ideology in constitutions, statutes, proclamations of the ruling parties, etc., or in actual practice, this shall not result in any impairment of the freedoms under article 18 or any other rights recognized under the Covenant nor in any discrimination against persons who do not accept the official ideology or who oppose it.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-4-0011","docId":"ccpr-c-21-rev-1-add-4","idx":11,"n":11,"text":"Many individuals have claimed the right to refuse to perform military service (conscientious objection) on the basis that such right derives from their freedoms under article 18. In response to such claims, a growing number of States have in their laws exempted from compulsory military service citizens who genuinely hold religious or other beliefs that forbid the performance of military service and replaced it with alternative national service. The Covenant does not explicitly refer to a right of conscientious objection, but the Committee believes that such a right can be derived from article 18, inasmuch as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one’s religion or belief. When this right is recognized by law or practice, there shall be no differentiation among conscientious objectors on the basis of the nature of their particular beliefs; likewise, there shall be no discrimination against conscientious objectors because they have failed to perform military service. The Committee invites States parties to report on the conditions under which persons can be exempted from military service on the basis of their rights under article 18 and on the nature and length of alternative national service.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1993,"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0001","docId":"ccpr-c-21-rev-1-add-5","idx":1,"n":1,"text":"Article 27 of the Covenant provides that, in those States in which ethnic, religious or linguistic minorities exist, persons belonging to these minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language. The Committee observes that this article establishes and recognizes a right which is conferred on individuals belonging to minority groups and which is distinct from, and additional to, all the other rights which, as individuals in common with everyone else, they are already entitled to enjoy under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0002","docId":"ccpr-c-21-rev-1-add-5","idx":2,"n":2,"text":"In some communications submitted to the Committee under the Optional Protocol, the right protected under article 27 has been confused with the right of peoples to self-determination proclaimed in article 1 of the Covenant. Further, in reports submitted by States parties under article 40 of the Covenant, the obligations placed upon States parties under article 27 have sometimes been confused with their duty under article 2(1) to ensure the enjoyment of the rights guaranteed under the Covenant without discrimination and also with equality before the law and equal protection of the law under article 26. __________ */Adopted by the Committee at its 1314th meeting (fiftieth session) on 6 April 1994 1","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"citedArticles":[{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text says 'the right protected under article 27' in context of the Covenant; CCPR GC on minorities (art.27 ICCPR)."},{"article":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the right of peoples to self-determination proclaimed in article 1 of the Covenant' — ICCPR art.1."},{"article":"40","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'reports submitted by States parties under article 40 of the Covenant' — ICCPR art.40 (State reporting obligation)."},{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second mention: 'obligations placed upon States parties under article 27' — ICCPR art.27."},{"article":"2","paragraph":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'their duty under article 2(1) to ensure the enjoyment of the rights guaranteed under the Covenant without discrimination' — ICCPR art.2(1)."},{"article":"26","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'equality before the law and equal protection of the law under article 26' — ICCPR art.26."}]},{"id":"ccpr-c-21-rev-1-add-5-0003","docId":"ccpr-c-21-rev-1-add-5","idx":3,"n":3,"text":"1. The Covenant draws a distinction between the right to self-determination and the rights protected under article 27. The former is expressed to be a right belonging to peoples and is dealt with in a separate part (Part I) of the Covenant. Self-determination is not a right cognizable under the Optional Protocol. Article 27, on the other hand, relates to rights conferred on individuals as such and is included, like the articles relating to other personal rights conferred on individuals, in Part III of the Covenant and is cognizable under the Optional Protocol[[fn:1]]. 3.2 The enjoyment of the rights to which article 27 relates does not prejudice the sovereignty and territorial integrity of a State party. At the same time, one or other aspect of the rights of individuals protected under that article - for example, to enjoy a particular culture - may consist in a way of life which is closely associated with territory and use of its resources[[fn:2]]. This may particularly be true of members of indigenous communities constituting a minority.","labels":["Indigenous peoples"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":1,"text":"See Official Records of the General Assembly, Thirty-ninth Session, Supplement No.40 (A/39/40), annex VI, General Comment No. 12(21) (article 1), also issued in document CCPR/C/21/Rev.1; ibid. Forty-fifth Session, Supplement No.40, (A/45/40), vol.II, Annex IX, Sect.A, communication No.167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band, v. Canada), views adopted on 26 March 1990."},{"n":2,"text":"See ibid., Forty-third Session, Supplement No.40 (A/43/40), annex VII, sect.G, communication No. 197/1985 (Kitok v. Sweden), views adopted on 27 July 1988.","isIbid":true,"resolvedText":"See Official Records of the General Assembly, Thirty-ninth Session, Supplement No.40 (A/39/40), annex VI, General Comment No. 12(21) (article 1), also issued in document CCPR/C/21/Rev.1; ibid. Forty-fifth Session, Supplement No.40, (A/45/40), vol.II, Annex IX, Sect.A, communication No.167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band, v. Canada), views adopted on 26 March 1990."}],"citedArticles":[{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'rights protected under article 27' — ICCPR art.27 (minority rights); 'Optional Protocol' referenced only as procedural vehicle, not source of art.27."},{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second ref: 'Article 27, on the other hand, relates to rights conferred on individuals' — ICCPR art.27."},{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Third ref: 'the rights to which article 27 relates does not prejudice the sovereignty' — ICCPR art.27."}]},{"id":"ccpr-c-21-rev-1-add-5-0004","docId":"ccpr-c-21-rev-1-add-5","idx":4,"n":4,"text":"The Covenant also distinguishes the rights protected under article 27 from the guarantees under articles 2(1) and 26. The entitlement, under article 2(1), to enjoy the rights under the Covenant without discrimination applies to all individuals within the territory or under the jurisdiction of the State whether or not those persons belong to a minority. In addition, there is a distinct right provided under article 26 for equality before the law, equal protection of the law, and non-discrimination in respect of rights granted and obligations imposed by the States. It governs the exercise of all rights, whether protected under the Covenant or not, which the State party confers by law on individuals within its territory or under its jurisdiction, irrespective of whether they belong to the minorities specified in article 27 or not[[fn:3]]. Some States parties who claim that they do not discriminate on grounds of ethnicity, language or religion, wrongly contend, on that basis alone, that they have no minorities.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":3,"text":"See ibid., Forty-second Session, Supplement No.40 (A/42/40), annex VIII, sect.D, communication No. 182/1984 (F.H. Zwaan-de Vries v. the Netherlands), views adopted on 9 April 1987; ibid. sect.C, communication No.180/1984 (L.G. Danning v. the Netherlands), views adopted on 9 April 1987.","isIbid":true,"resolvedText":"See Official Records of the General Assembly, Thirty-ninth Session, Supplement No.40 (A/39/40), annex VI, General Comment No. 12(21) (article 1), also issued in document CCPR/C/21/Rev.1; ibid. Forty-fifth Session, Supplement No.40, (A/45/40), vol.II, Annex IX, Sect.A, communication No.167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band, v. Canada), views adopted on 26 March 1990."}],"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0005","docId":"ccpr-c-21-rev-1-add-5","idx":5,"n":5,"text":"1. The terms used in article 27 indicate that the persons designed to be protected are those who belong to a group and who share in common a culture, a religion and/or a language. Those terms also indicate that the individuals designed to be protected need not be citizens of the State party. In this regard, the obligations deriving from article 2(1) are also relevant, since a State party is required under that article to ensure that the rights protected under the Covenant are available to all individuals within its territory and subject to its jurisdiction, except rights which are expressly made to apply to citizens, for example, political rights under article 25. A State party may not, therefore, restrict the rights under article 27 to its citizens alone. 5.2. Article 27 confers rights on persons belonging to minorities which \"exist\" in a State party. Given the nature and scope of the rights envisaged under that article, it is not relevant to determine the degree of permanence that the term \"exist\" connotes. 2 Those rights simply are that individuals belonging to those minorities should not be denied the right, in community with members of their group, to enjoy their own culture, to practice their religion and speak their language. Just as they need not be nationals or citizens, they need not be permanent residents. Thus, migrant workers or even visitors in a State party constituting such minorities are entitled not to be denied the exercise of those rights. As any other individual in the territory of the State party, they would, also for this purpose, have the general rights, for example, to freedom of association, of assembly, and of expression. The existence of an ethnic, religious or linguistic minority in a given State party does not depend upon a decision by that State party but requires to be established by objective criteria. 5.3. The right of individuals belonging to a linguistic minority to use their language among themselves, in private or in public, is distinct from other language rights protected under the Covenant. In particular, it should be distinguished from the general right to freedom of expression protected under article 19. The latter right is available to all persons, irrespective of whether they belong to minorities or not. Further, the right protected under article 27 should be distinguished from the particular right which article 14(3)(f) of the Covenant confers on accused persons to interpretation where they cannot understand or speak the language used in the courts. Article 14(3)(f) does not, in any other circumstances, confer on accused persons the right to use or speak the language of their choice in court proceedings[[fn:4]].","labels":["Migrants"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":4,"text":"See ibid. Forty-fifth Session, Supplement No.40, (A/45/40), vol.II, Annex X, sect.A, communication No.220/1987 (T.K. v. France), decision of 8 November 1989; ibid. sect.B, communication No. 222/1987 (M.K. v. France), decision of 8 November 1989.","isIbid":true,"resolvedText":"See Official Records of the General Assembly, Thirty-ninth Session, Supplement No.40 (A/39/40), annex VI, General Comment No. 12(21) (article 1), also issued in document CCPR/C/21/Rev.1; ibid. Forty-fifth Session, Supplement No.40, (A/45/40), vol.II, Annex IX, Sect.A, communication No.167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band, v. Canada), views adopted on 26 March 1990."}],"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"14","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"14","paragraph":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0006","docId":"ccpr-c-21-rev-1-add-5","idx":6,"n":6,"text":"1. Although article 27 is expressed in negative terms, that article, nevertheless, does recognize the existence of a \"right\" and requires that it shall not be denied. Consequently, a State party is under an obligation to ensure that the existence and the exercise of this right are protected against their denial or violation. Positive measures of protection are, therefore, required not only against the acts of the State party itself, whether through its legislative, judicial or administrative authorities, but also against the acts of other persons within the State party. 6.2. Although the rights protected under article 27 are individual rights, they depend in turn on the ability of the minority group to maintain its culture, language or religion. Accordingly, positive measures by States may also be necessary to protect the identity of a minority and the rights of its members to enjoy and develop their culture and language and to practice their religion, in community with the other members of the group. In this connection, it has to be observed that such positive measures must respect the provisions of articles 2(1) and 26 of the Covenant both as regards the treatment between different minorities and the treatment between the persons belonging to them and the remaining part of the population. However, as long as those measures are aimed at correcting conditions which prevent or impair the enjoyment of the rights guaranteed under article 27, they may constitute a legitimate differentiation under the 3 Covenant, provided that they are based on reasonable and objective criteria.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0007","docId":"ccpr-c-21-rev-1-add-5","idx":7,"n":7,"text":"With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, specially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law[[fn:5]]. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them.","labels":["Indigenous peoples"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":5,"text":"See Notes 1 and 2 above, communication No.167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band, v. Canada), views adopted on 26 March 1990 and communication No. 197/1985 (Kitok v. Sweden), views adopted on 27 July 1988."}],"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0008","docId":"ccpr-c-21-rev-1-add-5","idx":8,"n":8,"text":"The Committee observes that none of the rights protected under article 27 of the Covenant may be legitimately exercised in a manner or to an extent inconsistent with the other provisions of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-5-0009","docId":"ccpr-c-21-rev-1-add-5","idx":9,"n":9,"text":"The Committee concludes that article 27 relates to rights whose protection imposes specific obligations on States parties. The protection of these rights is directed to ensure the survival and continued development of the cultural, religious and social identity of the minorities concerned, thus enriching the fabric of society as a whole. Accordingly, the Committee observes that these rights must be protected as such and should not be confused with other personal rights conferred on one and all under the Covenant. States parties, therefore, have an obligation to ensure that the exercise of these rights is fully protected and they should indicate in their reports the measures they have adopted to this end.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0001","docId":"ccpr-c-21-rev-1-add-6","idx":1,"n":1,"text":"[[fn:1]] As of 1 November 1994, 46 of the 127 States parties to the International Covenant on Civil and Political Rights had, between them, entered 150 reservations of varying significance to their acceptance of the obligations of the Covenant. Some of these reservations exclude the duty to provide and guarantee particular rights in the Covenant. Others are couched in more general terms, often directed to ensuring the continued paramountcy of certain domestic legal provisions. Still others are directed at the competence of the Committee. The number of reservations, their content and their scope may undermine the effective implementation of the Covenant and tend to weaken respect for the obligations of States parties. It is important for States parties to know exactly what obligations they, and other States parties, have in fact undertaken. And the Committee, in the performance of its duties under either article 40 of the Covenant or under the Optional Protocols, must know whether a State is bound by a particular obligation or to what extent. This will require a determination as to whether a unilateral statement is a reservation or an interpretative declaration and a determination of its acceptability and effects.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":1,"text":"Adopted by the Committee at its 1382nd meeting (fifty-second session) on 2 November 1994."}],"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0002","docId":"ccpr-c-21-rev-1-add-6","idx":2,"n":2,"text":"For these reasons the Committee has deemed it useful to address in a General Comment the issues of international law and human rights policy that arise. The General Comment identifies the principles of international law that apply to the making of reservations and by reference to which their acceptability is to be tested and their purport to be interpreted. It addresses the role of States parties in relation to the reservations of others. It further addresses the role of the Committee itself in relation to reservations. And it makes certain recommendations to present States parties for a reviewing of reservations and to those States that are not yet parties about legal and human rights policy considerations to be borne in mind should they consider ratifying or acceding with particular reservations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0003","docId":"ccpr-c-21-rev-1-add-6","idx":3,"n":3,"text":"It is not always easy to distinguish a reservation from a declaration as to a State’s understanding of the interpretation of a provision, or from a statement of policy. Regard will be had to the intention of the State, rather than the form of the instrument. If a statement, irrespective of its name or title, purports to exclude or modify the legal effect of a treaty in its application to the State, it constitutes a reservation[[fn:2]].Conversely, if a so-called reservation merely offers a State’s understanding of a provision but does not exclude or modify that provision in its application to that State, it is, in reality, not a reservation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":2,"text":"Article 2 (1) (d), Vienna Convention on the Law of Treaties 1969."}],"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0004","docId":"ccpr-c-21-rev-1-add-6","idx":4,"n":4,"text":"The possibility of entering reservations may encourage States which consider that they have difficulties in guaranteeing all the rights in the Covenant none the less to accept the generality of obligations in that instrument. Reservations may serve a useful function to enable States to adapt specific elements in their laws to the inherent rights of each person as articulated in the Covenant. However, it is desirable in principle that States accept the full range of obligations, because the human rights norms are the legal expression of the essential rights that every person is entitled to as a human being.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0005","docId":"ccpr-c-21-rev-1-add-6","idx":5,"n":5,"text":"The Covenant neither prohibits reservations nor mentions any type of permitted reservation. The same is true of the first Optional Protocol. The Second Optional Protocol provides, in article 2, paragraph 1, that \"No reservation is admissible to the present Protocol, except for a reservation made at the time of ratification or accession that provides for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime\". Paragraphs 2 and 3 provide for certain procedural obligations.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"article":"2","paragraph":"1","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'The Second Optional Protocol provides, in article 2, paragraph 1, that No reservation is admissible to the present Protocol except...' — this is ICCPR-OP2 art.2(1), not ICCPR art.2. Override from regex default ICCPR."}]},{"id":"ccpr-c-21-rev-1-add-6-0006","docId":"ccpr-c-21-rev-1-add-6","idx":6,"n":6,"text":"The absence of a prohibition on reservations does not mean that any reservation is permitted. The matter of reservations under the Covenant and the first Optional Protocol is governed by international law. Article 19 (3) of the Vienna Convention on the Law of Treaties provides relevant guidance[[fn:3]]. It stipulates that where a reservation is not prohibited by the treaty or falls within the specified permitted categories, a State may make a reservation provided it is not incompatible with the object and purpose of the treaty. Even though, unlike some other human rights treaties, the Covenant does not incorporate a specific reference to the object and purpose test, that test governs the matter of interpretation and acceptability of reservations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":3,"text":"Although the Vienna Convention on the Law of Treaties was concluded in 1969 and entered into force in 1980 - i.e. after the entry into force of the Covenant - its terms reflect the general international law on this matter as had already been affirmed by the International Court of Justice in The Reservations to the Genocide Convention Case of 1951."}],"section":["political rights"],"citedArticles":[{"article":"19","paragraph":"3","treaty":"?","confidence":"high","source":"opus","rationale":"'Article 19 (3) of the Vienna Convention on the Law of Treaties provides relevant guidance' — VCLT, not a UN core treaty. Regex wrongly matched as ICCPR."}]},{"id":"ccpr-c-21-rev-1-add-6-0007","docId":"ccpr-c-21-rev-1-add-6","idx":7,"n":7,"text":"In an instrument which articulates very many civil and political rights, each of the many articles, and indeed their interplay, secures the objectives of the Covenant. The object and purpose of the Covenant is to create legally binding standards for human rights by defining certain civil and political rights and placing them in a framework of obligations which are legally binding for those States which ratify; and to provide an efficacious supervisory machinery for the obligations undertaken.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0008","docId":"ccpr-c-21-rev-1-add-6","idx":8,"n":8,"text":"Reservations that offend peremptory norms would not be compatible with the object and purpose of the Covenant. Although treaties that are mere exchanges of obligations between States allow them to reserve inter se application of rules of general international law, it is otherwise in human rights treaties, which are for the benefit of persons within their jurisdiction. Accordingly, provisions in the Covenant that represent customary international law (and a fortiori when they have the character of peremptory norms) may not be the subject of reservations. Accordingly, a State may not reserve the right to engage in slavery, to torture, to subject persons to cruel, inhuman or degrading treatment or punishment, to arbitrarily deprive persons of their lives, to arbitrarily arrest and detain persons, to deny freedom of thought, conscience and religion, to presume a person guilty unless he proves his innocence, to execute pregnant women or children, to permit the advocacy of national, racial or religious hatred, to deny to persons of marriageable age the right to marry, or to deny to minorities the right to enjoy their own culture, profess their own religion, or use their own language. And while reservations to particular clauses of article 14 may be acceptable, a general reservation to the right to a fair trial would not be.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0009","docId":"ccpr-c-21-rev-1-add-6","idx":9,"n":9,"text":"Applying more generally the object and purpose test to the Covenant, the Committee notes that, for example, reservation to article 1 denying peoples the right to determine their own political status and to pursue their economic, social and cultural development, would be incompatible with the object and purpose of the Covenant. Equally, a reservation to the obligation to respect and ensure the rights, and to do so on a non-discriminatory basis (article 2 (1)) would not be acceptable. Nor may a State reserve an entitlement not to take the necessary steps at the domestic level to give effect to the rights of the Covenant (article 2 (2)).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"1","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0010","docId":"ccpr-c-21-rev-1-add-6","idx":10,"n":10,"text":"The Committee has further examined whether categories of reservations may offend the \"object and purpose\" test. In particular, it falls for consideration as to whether reservations to the non-derogable provisions of the Covenant are compatible with its object and purpose. While there is no hierarchy of importance of rights under the Covenant, the operation of certain rights may not be suspended, even in times of national emergency. This underlines the great importance of non-derogable rights. But not all rights of profound importance, such as articles 9 and 27 of the Covenant, have in fact been made non-derogable. One reason for certain rights being made non-derogable is because their suspension is irrelevant to the legitimate control of the state of national emergency (for example, no imprisonment for debt, in article 11). Another reason is that derogation may indeed be impossible (as, for example, freedom of conscience). At the same time, some provisions are non-derogable exactly because without them there would be no rule of law. A reservation to the provisions of article 4 itself, which precisely stipulates the balance to be struck between the interests of the State and the rights of the individual in times of emergency, would fall in this category. And some non-derogable rights, which in any event cannot be reserved because of their status as peremptory norms, are also of this character - the prohibition of torture and arbitrary deprivation of life[[fn:4]] are examples. While there is no automatic correlation between reservations to non-derogable provisions, and reservations which offend against the object and purpose of the Covenant, a State has a heavy onus to justify such a reservation.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":4,"text":"Reservations have been entered to both article 6 and article 7, but not in terms which reserve a right to torture or to engage in arbitrary deprivation of life."}],"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"11","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0011","docId":"ccpr-c-21-rev-1-add-6","idx":11,"n":11,"text":"The Covenant consists not just of the specified rights, but of important supportive guarantees. These guarantees provide the necessary framework for securing the rights in the Covenant and are thus essential to its object and purpose. Some operate at the national level and some at the international level. Reservations designed to remove these guarantees are thus not acceptable. Thus, a State could not make a reservation to article 2, paragraph 3, of the Covenant, indicating that it intends to provide no remedies for human rights violations. Guarantees such as these are an integral part of the structure of the Covenant and underpin its efficacy. The Covenant also envisages, for the better attainment of its stated objectives, a monitoring role for the Committee. Reservations that purport to evade that essential element in the design of the Covenant, which is also directed to securing the enjoyment of the rights, are also incompatible with its object and purpose. A State may not reserve the right not to present a report and have it considered by the Committee. The Committee’s role under the Covenant, whether under article 40 or under the Optional Protocols, necessarily entails interpreting the provisions of the Covenant and the development of a jurisprudence. Accordingly, a reservation that rejects the Committee’s competence to interpret the requirements of any provisions of the Covenant would also be contrary to the object and purpose of that treaty.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0012","docId":"ccpr-c-21-rev-1-add-6","idx":12,"n":12,"text":"The intention of the Covenant is that the rights contained therein should be ensured to all those under a State party’s jurisdiction. To this end certain attendant requirements are likely to be necessary. Domestic laws may need to be altered properly to reflect the requirements of the Covenant; and mechanisms at the domestic level will be needed to allow the Covenant rights to be enforceable at the local level. Reservations often reveal a tendency of States not to want to change a particular law. And sometimes that tendency is elevated to a general policy. Of particular concern are widely formulated reservations which essentially render ineffective all Covenant rights which would require any change in national law to ensure compliance with Covenant obligations. No real international rights or obligations have thus been accepted. And when there is an absence of provisions to ensure that Covenant rights may be sued on in domestic courts, and, further, a failure to allow individual complaints to be brought to the Committee under the first Optional Protocol, all the essential elements of the Covenant guarantees have been removed.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0013","docId":"ccpr-c-21-rev-1-add-6","idx":13,"n":13,"text":"The issue arises as to whether reservations are permissible under the first Optional Protocol and, if so, whether any such reservation might be contrary to the object and purpose of the Covenant or of the first Optional Protocol itself. It is clear that the first Optional Protocol is itself an international treaty, distinct from the Covenant but closely related to it. Its object and purpose is to recognize the competence of the Committee to receive and consider communications from individuals who claim to be victims of a violation by a State party of any of the rights in the Covenant. States accept the substantive rights of individuals by reference to the Covenant, and not the first Optional Protocol. The function of the first Optional Protocol is to allow claims in respect of those rights to be tested before the Committee. Accordingly, a reservation to an obligation of a State to respect and ensure a right contained in the Covenant, made under the first Optional Protocol when it has not previously been made in respect of the same rights under the Covenant, does not affect the State’s duty to comply with its substantive obligation. A reservation cannot be made to the Covenant through the vehicle of the Optional Protocol but such a reservation would operate to ensure that the State’s compliance with that obligation may not be tested by the Committee under the first Optional Protocol. And because the object and purpose of the first Optional Protocol is to allow the rights obligatory for a State under the Covenant to be tested before the Committee, a reservation that seeks to preclude this would be contrary to the object and purpose of the first Optional Protocol, even if not of the Covenant. A reservation to a substantive obligation made for the first time under the first Optional Protocol would seem to reflect an intention by the State concerned to prevent the Committee from expressing its views relating to a particular article of the Covenant in an individual case.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0014","docId":"ccpr-c-21-rev-1-add-6","idx":14,"n":14,"text":"The Committee considers that reservations relating to the required procedures under the first Optional Protocol would not be compatible with its object and purpose. The Committee must control its own procedures as specified by the Optional Protocol and its rules of procedure. Reservations have, however, purported to limit the competence of the Committee to acts and events occurring after entry into force for the State concerned of the first Optional Protocol. In the view of the Committee this is not a reservation but, most usually, a statement consistent with its normal competence ratione temporis. At the same time, the Committee has insisted upon its competence, even in the face of such statements or observations, when events or acts occurring before the date of entry into force of the first Optional Protocol have continued to have an effect on the rights of a victim subsequent to that date. Reservations have been entered which effectively add an additional ground of inadmissibility under article 5, paragraph 2, by precluding examination of a communication when the same matter has already been examined by another comparable procedure. In so far as the most basic obligation has been to secure independent third party review of the human rights of individuals, the Committee has, where the legal right and the subject-matter are identical under the Covenant and under another international instrument, viewed such a reservation as not violating the object and purpose of the first Optional Protocol.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"article":"5","paragraph":"2","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'an additional ground of inadmissibility under article 5, paragraph 2' in context of 'the first Optional Protocol' (ICCPR-OP1) — ICCPR-OP1 art.5(2) bars examination of communications already examined elsewhere. Override from regex default ICCPR."}]},{"id":"ccpr-c-21-rev-1-add-6-0015","docId":"ccpr-c-21-rev-1-add-6","idx":15,"n":15,"text":"The primary purpose of the Second Optional Protocol is to extend the scope of the substantive obligations undertaken under the Covenant, as they relate to the right to life, by prohibiting execution and abolishing the death penalty[[fn:5]]. It has its own provision concerning reservations, which is determinative of what is permitted. Article 2, paragraph 1, provides that only one category of reservation is permitted, namely one that reserves the right to apply the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime. Two procedural obligations are incumbent upon States parties wishing to avail themselves of such a reservation. Article 2, paragraph 1, obliges such a State to inform the Secretary-General, at the time of ratification or accession, of the relevant provisions of its national legislation during warfare. This is clearly directed towards the objectives of specificity and transparency and in the view of the Committee a purported reservation unaccompanied by such information is without legal effect. Article 2, paragraph 3, requires a State making such a reservation to notify the Secretary-General of the beginning or ending of a state of war applicable to its territory. In the view of the Committee, no State may seek to avail itself of its reservation (that is, have execution in time of war regarded as lawful) unless it has complied with the procedural requirement of article 2, paragraph 3.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"footnotes":[{"n":5,"text":"The competence of the Committee in respect of this extended obligation is provided for under article 5 - which itself is subject to a form of reservation in that the automatic granting of this competence may be reserved through the mechanism of a statement made to the contrary at the moment of ratification or accession."}],"section":["political rights"],"citedArticles":[{"article":"2","paragraph":"1","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"First ref: 'Article 2, paragraph 1, provides that only one category of reservation is permitted' — explicitly about the Second Optional Protocol (ICCPR-OP2 art.2(1))."},{"article":"2","paragraph":"1","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"Second ref: 'Article 2, paragraph 1, obliges such a State to inform the Secretary-General' — same ICCPR-OP2 art.2(1) procedural requirement."},{"article":"2","paragraph":"1","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"Third ref: continuing same sentence about obligation under 'Article 2, paragraph 1' — ICCPR-OP2."},{"article":"2","paragraph":"3","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"'article 2, paragraph 3, requires a State making such a reservation to notify the Secretary-General' — ICCPR-OP2 art.2(3). All four refs in this paragraph are to ICCPR-OP2 art.2."}]},{"id":"ccpr-c-21-rev-1-add-6-0016","docId":"ccpr-c-21-rev-1-add-6","idx":16,"n":16,"text":"The Committee finds it important to address which body has the legal authority to make determinations as to whether specific reservations are compatible with the object and purpose of the Covenant. As for international treaties in general, the International Court of Justice has indicated in the Reservations to the Genocide Convention Case (1951) that a State which objected to a reservation on the grounds of incompatibility with the object and purpose of a treaty could, through objecting, regard the treaty as not in effect as between itself and the reserving State. Article 20, paragraph 4, of the Vienna Convention on the Law of Treaties 1969 contains provisions most relevant to the present case on acceptance of and objection to reservations. This provides for the possibility of a State to object to a reservation made by another State. Article 21 deals with the legal effects of objections by States to reservations made by other States. Essentially, a reservation precludes the operation, as between the reserving and other States, of the provision reserved; and an objection thereto leads to the reservation being in operation as between the reserving and objecting State only to the extent that it has not been objected to.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0017","docId":"ccpr-c-21-rev-1-add-6","idx":17,"n":17,"text":"As indicated above, it is the Vienna Convention on the Law of Treaties that provides the definition of reservations and also the application of the object and purpose test in the absence of other specific provisions. But the Committee believes that its provisions on the role of State objections in relation to reservations are inappropriate to address the problem of reservations to human rights treaties. Such treaties, and the Covenant specifically, are not a web of inter-State exchanges of mutual obligations. They concern the endowment of individuals with rights. The principle of inter-State reciprocity has no place, save perhaps in the limited context of reservations to declarations on the Committee’s competence under article 41. And because the operation of the classic rules on reservations is so inadequate for the Covenant, States have often not seen any legal interest in or need to object to reservations. The absence of protest by States cannot imply that a reservation is either compatible or incompatible with the object and purpose of the Covenant. Objections have been occasional, made by some States but not others, and on grounds not always specified; when an objection is made, it often does not specify a legal consequence, or sometimes even indicates that the objecting party none the less does not regard the Covenant as not in effect as between the parties concerned. In short, the pattern is so unclear that it is not safe to assume that a non-objecting State thinks that a particular reservation is acceptable. In the view of the Committee, because of the special characteristics of the Covenant as a human rights treaty, it is open to question what effect objections have between States inter se. However, an objection to a reservation made by States may provide some guidance to the Committee in its interpretation as to its compatibility with the object and purpose of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"treaty":"ICCPR","article":"41","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-6-0018","docId":"ccpr-c-21-rev-1-add-6","idx":18,"n":18,"text":"It necessarily falls to the Committee to determine whether a specific reservation is compatible with the object and purpose of the Covenant. This is in part because, as indicated above, it is an inappropriate task for States parties in relation to human rights treaties, and in part because it is a task that the Committee cannot avoid in the performance of its functions. In order to know the scope of its duty to examine a State’s compliance under article 40 or a communication under the first Optional Protocol, the Committee has necessarily to take a view on the compatibility of a reservation with the object and purpose of the Covenant and with general international law. Because of the special character of a human rights treaty, the compatibility of a reservation with the object and purpose of the Covenant must be established objectively, by reference to legal principles, and the Committee is particularly well placed to perform this task. The normal consequence of an unacceptable reservation is not that the Covenant will not be in effect at all for a reserving party. Rather, such a reservation will generally be severable, in the sense that the Covenant will be operative for the reserving party without benefit of the reservation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"],"citedArticles":[{"article":"40","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the scope of its duty to examine a State's compliance under article 40' — ICCPR art.40 on State reporting. The Optional Protocol reference is procedural context only."}]},{"id":"ccpr-c-21-rev-1-add-6-0019","docId":"ccpr-c-21-rev-1-add-6","idx":19,"n":19,"text":"Reservations must be specific and transparent, so that the Committee, those under the jurisdiction of the reserving State and other States parties may be clear as to what obligations of human rights compliance have or have not been undertaken. Reservations may thus not be general, but must refer to a particular provision of the Covenant and indicate in precise terms its scope in relation thereto. When considering the compatibility of possible reservations with the object and purpose of the Covenant, States should also take into consideration the overall effect of a group of reservations, as well as the effect of each reservation on the integrity of the Covenant, which remains an essential consideration. States should not enter so many reservations that they are in effect accepting a limited number of human rights obligations, and not the Covenant as such. So that reservations do not lead to a perpetual non-attainment of international human rights standards, reservations should not systematically reduce the obligations undertaken only to those presently existing in less demanding standards of domestic law. Nor should interpretative declarations or reservations seek to remove an autonomous meaning to Covenant obligations, by pronouncing them to be identical, or to be accepted only in so far as they are identical, with existing provisions of domestic law. States should not seek through reservations or interpretative declarations to determine that the meaning of a provision of the Covenant is the same as that given by an organ of any other international treaty body.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-6-0020","docId":"ccpr-c-21-rev-1-add-6","idx":20,"n":20,"text":"States should institute procedures to ensure that each and every proposed reservation is compatible with the object and purpose of the Covenant. It is desirable for a State entering a reservation to indicate in precise terms the domestic legislation or practices which it believes to be incompatible with the Covenant obligation reserved; and to explain the time period it requires to render its own laws and practices compatible with the Covenant, or why it is unable to render its own laws and practices compatible with the Covenant. States should also ensure that the necessity for maintaining reservations is periodically reviewed, taking into account any observations and recommendations made by the Committee during examination of their reports. Reservations should be withdrawn at the earliest possible moment. Reports to the Committee should contain information on what action has been taken to review, reconsider or withdraw reservations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1994,"section":["political rights"]},{"id":"ccpr-c-21-rev-1-add-7-0001","docId":"ccpr-c-21-rev-1-add-7","idx":1,"n":1,"text":"Article 25 of the Covenant recognizes and protects the rights of every citizen to take part in the conduct of public affairs, the right to vote and to be elected and the right to have access to public service. Whatever form of constitution or government is in force, the Covenant requires States to adopt such legislative and other measures as may be necessary to ensure that citizens have an effective opportunity to enjoy the rights it protects. Article 25 lies at the core of democratic government based on the consent of the people and in conformity with the principles of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0002","docId":"ccpr-c-21-rev-1-add-7","idx":2,"n":2,"text":"The rights under article 25 are related to, but distinct from, the right of peoples to self determination. By virtue of the rights covered by article 1 (1), peoples have the right to freely determine their political status and to enjoy the right to choose the form of their constitution or government. Article 25 deals with the right of individuals to participate in those processes which constitute the conduct of public affairs. Those rights, as individual rights, can give rise to claims under the first Optional Protocol.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"article":"25","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'The rights under article 25 are related to, but distinct from, the right of peoples to self determination' — ICCPR art.25."},{"article":"1","paragraph":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'By virtue of the rights covered by article 1 (1), peoples have the right to freely determine their political status' — ICCPR art.1(1) on self-determination."},{"article":"25","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second ref: 'Article 25 deals with the right of individuals to participate' — ICCPR art.25; Optional Protocol mentioned only as procedural vehicle."}]},{"id":"ccpr-c-21-rev-1-add-7-0003","docId":"ccpr-c-21-rev-1-add-7","idx":3,"n":3,"text":"In contrast with other rights and freedoms recognized by the Covenant (which are ensured to all individuals within the territory and subject to the jurisdiction of the State) article 25 protects the rights of \"every citizen\". State reports should outline the legal provisions which define citizenship in the context of the rights protected by article 25. No distinctions are permitted between citizens in the enjoyment of these rights on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Distinctions between those who are entitled to citizenship by birth and those who acquire it by naturalization may raise questions of compatibility with article 25. State reports should indicate whether any groups, such as permanent residents, enjoy these rights on a limited basis, for example, by having the right to vote in local elections or to hold particular public service positions.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0004","docId":"ccpr-c-21-rev-1-add-7","idx":4,"n":4,"text":"Any conditions which apply to the exercise of the rights protected by article 25 should be based on objective and reasonable criteria. For example, it may be reasonable to require a higher age for election or appointment to particular offices than for exercising the right to vote, which should be available to every adult citizen. The exercise of these rights by citizens may not be suspended or excluded except on grounds which are established by law and which are objective and reasonable. For example, established mental incapacity may be a ground for denying a person the right to vote or to hold office.[[fn:1]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"footnotes":[{"n":1,"text":"Adopted by the Committee at its 1510th meeting (fifty-seventh session) on 12 July 1996. CCPR/C.21/Rev.1/Add.7 page 4"}],"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0005","docId":"ccpr-c-21-rev-1-add-7","idx":5,"n":5,"text":"The conduct of public affairs, referred to in paragraph (a), is a broad concept which relates to the exercise of political power, in particular the exercise of legislative, executive and administrative powers. It covers all aspects of public administration, and the formulation and implementation of policy at international, national, regional and local levels. The allocation of powers and the means by which individual citizens exercise the right to participate in the conduct of public affairs protected by article 25 should be established by the constitution and other laws.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0006","docId":"ccpr-c-21-rev-1-add-7","idx":6,"n":6,"text":"Citizens participate directly in the conduct of public affairs when they exercise power as members of legislative bodies or by holding executive office. This right of direct participation is supported by paragraph (b). Citizens also participate directly in the conduct of public affairs when they choose or change their constitution or decide public issues through a referendum or other electoral process conducted in accordance with paragraph (b). Citizens may participate directly by taking part in popular assemblies which have the power to make decisions about local issues or about the affairs of a particular community and in bodies established to represent citizens in consultation with government. Where a mode of direct participation by citizens is established, no distinction should be made between citizens as regards their participation on the grounds mentioned in article 2, paragraph 1, and no unreasonable restrictions should be imposed.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0007","docId":"ccpr-c-21-rev-1-add-7","idx":7,"n":7,"text":"Where citizens participate in the conduct of public affairs through freely chosen representatives, it is implicit in article 25 that those representatives do in fact exercise governmental power and that they are accountable through the electoral process for their exercise of that power. It is also implicit that the representatives exercise only those powers which are allocated to them in accordance with constitutional provisions. Participation through freely chosen representatives is exercised through voting processes which must be established by laws which are in accordance with paragraph (b).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0008","docId":"ccpr-c-21-rev-1-add-7","idx":8,"n":8,"text":"Citizens also take part in the conduct of public affairs by exerting influence through public debate and dialogue with their representatives or through their capacity to organize themselves. This participation is supported by ensuring freedom of expression, assembly and association.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0009","docId":"ccpr-c-21-rev-1-add-7","idx":9,"n":9,"text":"Paragraph (b) of article 25 sets out specific provisions dealing with the right of citizens to take part in the conduct of public affairs as voters or as candidates for election. Genuine periodic elections in accordance with paragraph (b) are essential to ensure the accountability of representatives for the exercise of the legislative or executive powers vested in them. Such elections must be held at intervals which are not unduly long and which ensure that the authority of government continues to be based on the free expression of the will of electors. The rights and obligations provided for in paragraph (b) should be guaranteed by law.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0010","docId":"ccpr-c-21-rev-1-add-7","idx":10,"n":10,"text":"The right to vote at elections and referenda must be established by law and may be subject only to reasonable restrictions, such as setting a minimum age limit for the right to vote. It is unreasonable to restrict the right to CCPR/C/21/Rev.1/Add.7 page 5 vote on the ground of physical disability or to impose literacy, educational or property requirements. Party membership should not be a condition of eligibility to vote, nor a ground of disqualification.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0011","docId":"ccpr-c-21-rev-1-add-7","idx":11,"n":11,"text":"States must take effective measures to ensure that all persons entitled to vote are able to exercise that right. Where registration of voters is required, it should be facilitated and obstacles to such registration should not be imposed. If residence requirements apply to registration, they must be reasonable, and should not be imposed in such a way as to exclude the homeless from the right to vote. Any abusive interference with registration or voting as well as intimidation or coercion of voters should be prohibited by penal laws and those laws should be strictly enforced. Voter education and registration campaigns are necessary to ensure the effective exercise of article 25 rights by an informed community.","labels":["Persons in street situations"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0012","docId":"ccpr-c-21-rev-1-add-7","idx":12,"n":12,"text":"Freedom of expression, assembly and association are essential conditions for the effective exercise of the right to vote and must be fully protected. Positive measures should be taken to overcome specific difficulties, such as illiteracy, language barriers, poverty or impediments to freedom of movements which prevent persons entitled to vote from exercising their rights effectively. Information and materials about voting should be available in minority languages. Specific methods, such as photographs and symbols, should be adopted to ensure that illiterate voters have adequate information on which to base their choice. States parties should indicate in their reports the manner in which the difficulties highlighted in this paragraph are dealt with.","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0013","docId":"ccpr-c-21-rev-1-add-7","idx":13,"n":13,"text":"State reports should describe the rules governing the right to vote, and the application of those rules in the period covered by the report. State reports should also describe factors which impede citizens from exercising the right to vote and the positive measures which have been adopted to overcome these factors.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0014","docId":"ccpr-c-21-rev-1-add-7","idx":14,"n":14,"text":"In their reports, States parties should indicate and explain the legislative provisions which would deprive citizens of their right to vote. The grounds for such deprivation should be objective and reasonable. If conviction for an offence is a basis for suspending the right to vote, the period of such suspension should be proportionate to the offence and the sentence. Persons who are deprived of liberty but who have not been convicted should not be excluded from exercising the right to vote.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0015","docId":"ccpr-c-21-rev-1-add-7","idx":15,"n":15,"text":"The effective implementation of the right and the opportunity to stand for elective office ensures that persons entitled to vote have a free choice of candidates. Any restrictions on the right to stand for election, such as minimum age, must be justifiable on objective and reasonable criteria. Persons who are otherwise eligible to stand for election should not be excluded by unreasonable or discriminatory requirements such as education, residence or descent, or by reason of political affiliation. No person should suffer discrimination or disadvantage of any kind because of that person's candidacy. States parties should indicate and explain the legislative provisions which exclude any group or category of persons from elective office. CCPR/C.21/Rev.1/Add.7 page 6","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0016","docId":"ccpr-c-21-rev-1-add-7","idx":16,"n":16,"text":"Condition relating to nomination dates, fees or deposits should be reasonable and not discriminatory. If there are reasonable grounds for regarding certain elective offices as incompatible with tenure of specific positions, (e.g., the judiciary, high-ranking military office, public service), measures to avoid any conflicts of interest should not unduly limit the rights protected by paragraph (b). The grounds for the removal of elected office holders should be established by laws based on objective and reasonable criteria and incorporating fair procedures.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0017","docId":"ccpr-c-21-rev-1-add-7","idx":17,"n":17,"text":"The right of persons to stand for election should not be limited unreasonably by requiring candidates to be members of parties or of specific parties. If a candidate is required to have a minimum number of supporters for nomination this requirement should be reasonable and not act as a barrier to candidacy. Without prejudice to paragraph (1) of article 5 of the Covenant, political opinion may not be used as a ground to deprive any person of the right to stand for election.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"5","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0018","docId":"ccpr-c-21-rev-1-add-7","idx":18,"n":18,"text":"State reports should describe the legal provisions which establish the conditions for holding elective public office, and any limitations and qualifications which apply to particular offices. Reports should describe conditions for nomination, e.g. age limits, and any other qualifications or restrictions. State reports should indicate whether there are restrictions which preclude persons in public-service positions (including positions in the police or armed services) from being elected to particular public offices. The legal grounds and procedures for the removal of elected office holders should be described.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0019","docId":"ccpr-c-21-rev-1-add-7","idx":19,"n":19,"text":"In conformity with paragraph (b), elections must be conducted fairly and freely on a periodic basis within a framework of laws guaranteeing the effective exercise of voting rights. Persons entitled to vote must be free to vote for any candidate for election and for or against any proposal submitted to referendum or plebiscite, and free to support or to oppose government, without undue influence or coercion of any kind which may distort or inhibit the free expression of the elector's will. Voters should be able to form opinions independently, free of violence or threat of violence, compulsion, inducement or manipulative interference of any kind. Reasonable limitations on campaign expenditure may be justified where this is necessary to ensure that the free choice of voters is not undermined or the democratic process distorted by the disproportionate expenditure on behalf of any candidate or party. The results of genuine elections should be respected and implemented.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0020","docId":"ccpr-c-21-rev-1-add-7","idx":20,"n":20,"text":"An independent electoral authority should be established to supervise the electoral process and to ensure that it is conducted fairly, impartially and in accordance with established laws which are compatible with the Covenant. States should take measures to guarantee the requirement of the secrecy of the vote during elections including absentee voting, where such a system exists. This implies that voters should be protected from any form of coercion or compulsion to disclose how they intend to vote or how they voted, and from any unlawful or arbitrary interference with the voting process. Waiver of these rights is incompatible with article 25 of the Covenant. The security of ballot boxes must be guaranteed and votes should be counted in the presence of the candidates or their agents. There should be independent scrutiny of the voting and counting process and access to judicial review or other equivalent CCPR/C/21/Rev.1/Add.7 page 7 process so that electors have confidence in the security of the ballot and the counting of the votes. Assistance provided to the disabled, blind or illiterate should be independent. Electors should be fully informed of these guarantees.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0021","docId":"ccpr-c-21-rev-1-add-7","idx":21,"n":21,"text":"Although the Covenant does not impose any particular electoral system, any system operating in a State party must be compatible with the rights protected by article 25 and must guarantee and give effect to the free expression of the will of the electors. The principle of one person, one vote must apply, and within the framework of each State's electoral system, the vote of one elector should be equal to the vote of another. The drawing of electoral boundaries and the method of allocating votes should not distort the distribution of voters or discriminate against any group and should not exclude or restrict unreasonably the right of citizens to choose their representatives freely.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0022","docId":"ccpr-c-21-rev-1-add-7","idx":22,"n":22,"text":"State reports should indicate what measures they have adopted to guarantee genuine, free and periodic elections and how their electoral system or systems guarantee and give effect to the free expression of the will of the electors. Reports should describe the electoral system and explain how the different political views in the community are represented in elected bodies. Reports should also describe the laws and procedures which ensure that the right to vote can in fact be freely exercised by all citizens and indicate how the secrecy, security and validity of the voting process are guaranteed by law. The practical implementation of these guarantees in the period covered by the report should be explained.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0023","docId":"ccpr-c-21-rev-1-add-7","idx":23,"n":23,"text":"Subparagraph (c) of article 25 deals with the right and the opportunity of citizens to have access on general terms of equality to public service positions. To ensure access on general terms of equality, the criteria and processes for appointment, promotion, suspension and dismissal must be objective and reasonable. Affirmative measures may be taken in appropriate cases to ensure that there is equal access to public service for all citizens. Basing access to public service on equal opportunity and general principles of merit, and providing secure tenure, ensure that persons holding public service positions are free from political interference or pressures. It is of particular importance to ensure that persons do not suffer discrimination in the exercise of their rights under article 25, subparagraph (c), on any of the grounds set out in article 2, paragraph 1.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0024","docId":"ccpr-c-21-rev-1-add-7","idx":24,"n":24,"text":"States reports should describe the conditions for access to public service positions, any restrictions which apply and the processes for appointment, promotion, suspension and dismissal on removal from office as well as the judicial or other review mechanisms which apply to these processes. Reports should also indicate how the requirement for equal access is met, and whether affirmative measures have been introduced and, if so, to what extent.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996},{"id":"ccpr-c-21-rev-1-add-7-0025","docId":"ccpr-c-21-rev-1-add-7","idx":25,"n":25,"text":"In order to ensure the full enjoyment of rights protected by article 25, the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. It requires the CCPR/C.21/Rev.1/Add.7 page 8 full enjoyment and respect for the rights guaranteed in articles 19, 21 and 22 of the Covenant, including freedom to engage in political activity individually or through political parties and other organizations, freedom to debate public affairs, to hold peaceful demonstrations and meetings, to criticize and oppose, to publish political material, to campaign for election and to advertise political ideas.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"22","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0026","docId":"ccpr-c-21-rev-1-add-7","idx":26,"n":26,"text":"The right to freedom of association, including the right to form and join organizations and associations concerned with political and public affairs, is an essential adjunct to the rights protected by article 25. Political parties and membership in parties play a significant role in the conduct of public affairs and the election process. States should ensure that, in their internal management, political parties respect the applicable provisions of article 25 in order to enable citizens to exercise their rights thereunder.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-7-0027","docId":"ccpr-c-21-rev-1-add-7","idx":27,"n":27,"text":"Having regard to the provisions of article 5, paragraph 1, of the Covenant, any rights recognized and protected by article 25 may not be interpreted as implying a right to act or as validating any act aimed at the destruction or limitation of the rights and freedoms protected by the Covenant to a greater extent than what is provided for in the present Covenant. -----","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1996,"citedArticles":[{"treaty":"ICCPR","article":"5","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-8-rev-1-0001","docId":"ccpr-c-21-rev-1-add-8-rev-1","idx":1,"n":1,"text":"The International Covenant on Civil and Political Rights does not contain any provision regarding its termination and does not provide for denunciation or withdrawal. Consequently, the possibility of termination, denunciation or withdrawal must be considered in the light of applicable rules of customary international law which are reflected in the Vienna Convention on the Law of Treaties. On this basis, the Covenant is not subject to denunciation or withdrawal unless it is established that the parties intended to admit the possibility of denunciation or withdrawal or a right to do so is implied from the nature of the treaty.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1997},{"id":"ccpr-c-21-rev-1-add-8-rev-1-0002","docId":"ccpr-c-21-rev-1-add-8-rev-1","idx":2,"n":2,"text":"That the parties to the Covenant did not admit the possibility of denunciation and that it was not a mere oversight on their part to omit reference to denunciation is demonstrated by the fact that article 41 (2) of the Covenant does permit a State party to withdraw its acceptance of the competence of the Committee to examine inter-State communications by filing an appropriate notice to that effect while there is no such provision for * Adopted at the 1631st meeting (sixty-first session), held on 29 October 1997. CCPR/C/21/Rev.1/Add.8/Rev.1 page 2 denunciation of or withdrawal from the Covenant itself. Moreover, the Optional Protocol to the Covenant, negotiated and adopted contemporaneously with it, permits States parties to denounce it. Additionally, by way of comparison, the International Convention on the Elimination of All Forms of Racial Discrimination, which was adopted one year prior to the Covenant, expressly permits denunciation. It can therefore be concluded that the drafters of the Covenant deliberately intended to exclude the possibility of denunciation. The same conclusion applies to the Second Optional Protocol in the drafting of which a denunciation clause was deliberately omitted.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1997,"citedArticles":[{"article":"41","paragraph":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text says 'article 41 (2) of the Covenant does permit a State party to withdraw its acceptance of the competence of the Committee to examine inter-State communications.' The 'Covenant' here is the ICCPR (this is a CCPR General Comment). ICCPR art.41(2) covers inter-State communications. Regex wrongly assigned CERD."}]},{"id":"ccpr-c-21-rev-1-add-8-rev-1-0003","docId":"ccpr-c-21-rev-1-add-8-rev-1","idx":3,"n":3,"text":"Furthermore, it is clear that the Covenant is not the type of treaty which, by its nature, implies a right of denunciation. Together with the simultaneously prepared and adopted International Covenant on Economic, Social and Cultural Rights, the Covenant codifies in treaty form the universal human rights enshrined in the Universal Declaration of Human Rights, the three instruments together often being referred to as the “International Bill of Human Rights”. As such, the Covenant does not have a temporary character typical of treaties where a right of denunciation is deemed to be admitted, notwithstanding the absence of a specific provision to that effect.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1997},{"id":"ccpr-c-21-rev-1-add-8-rev-1-0004","docId":"ccpr-c-21-rev-1-add-8-rev-1","idx":4,"n":4,"text":"The rights enshrined in the Covenant belong to the people living in the territory of the State party. The Human Rights Committee has consistently taken the view, as evidenced by its long-standing practice, that once the people are accorded the protection of the rights under the Covenant, such protection devolves with territory and continues to belong to them, notwithstanding change in government of the State party, including dismemberment in more than one State or State succession or any subsequent action of the State party designed to divest them of the rights guaranteed by the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1997},{"id":"ccpr-c-21-rev-1-add-8-rev-1-0005","docId":"ccpr-c-21-rev-1-add-8-rev-1","idx":5,"n":5,"text":"The Committee is therefore firmly of the view that international law does not permit a State which has ratified or acceded or succeeded to the Covenant to denounce it or withdraw from it. -----","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1997},{"id":"ccpr-c-21-rev-1-add-9-0001","docId":"ccpr-c-21-rev-1-add-9","idx":1,"n":1,"text":"Liberty of movement is an indispensable condition for the free development of a person. It interacts with several other rights enshrined in the Covenant[[fn:1]], as is often shown in the Committee’s practice in considering reports from States parties and communications from individuals. Moreover, the Committee in its General Comment No. 15 (“The position of aliens under the Covenant”, 1986) referred to the special link between articles 12 and 13.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":1,"text":"HRI/GEN/1/Rev.3, 15 August 1997, p. 20 (para. 8)."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"13","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0002","docId":"ccpr-c-21-rev-1-add-9","idx":2,"n":2,"text":"The permissible limitations which may be imposed on the rights protected under article 12 must not nullify the principle of liberty of movement, and are governed by the requirement of necessity provided for in article 12, paragraph 3, and by the need for consistency with the other rights recognized in the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0003","docId":"ccpr-c-21-rev-1-add-9","idx":3,"n":3,"text":"States parties should provide the Committee in their reports with the relevant domestic legal rules and administrative and judicial practices relating to the rights protected by this article, taking into account the issues discussed in this General Comment. They must also include information on remedies available if these rights are restricted.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"]},{"id":"ccpr-c-21-rev-1-add-9-0004","docId":"ccpr-c-21-rev-1-add-9","idx":4,"n":4,"text":"Everyone lawfully within the territory of a State enjoys[[fn:2]], within that territory, the right to move freely and to choose his or her place[[fn:3]] of residence. In principle, citizens of a State are always lawfully within the territory of that State. The question whether an alien is “lawfully” within the territory of a State is a matter governed by domestic law, which may subject the entry of an alien to the territory of a State to restrictions, provided they are in compliance with the State’s international obligations. In that connection, the Committee has held that an alien who entered the State illegally, but whose status has been regularized, must be considered to be lawfully within the territory for the purposes of art 12. Once a person is lawfully within a State, any restrictions on his or her rights guaranteed by article 12, paragraphs 1 and 2, as well as any treatment different from that accorded to nationals, have to be justified under the rules provided for by article 12, paragraph 3. It is, therefore, important that States parties indicate in their reports the circumstances in which they treat aliens differently from their nationals in this regard, and how they justify this difference in treatment.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":2,"text":"Communication No. 456/1991, Celepli vs. Sweden, para. 9.2."},{"n":3,"text":"General Comment No. 15, para. 8, in HRI/GEN/1/Rev.3, 15 August 1997, p. 20."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0005","docId":"ccpr-c-21-rev-1-add-9","idx":5,"n":5,"text":"The right to move freely relates to the whole territory of a State, including all parts of federal States. According to article 12, paragraph 1, persons are entitled to move from one place to another, and to establish themselves in a place of their choice. The enjoyment of this right must not be made dependent on any particular purpose or reason for the person wanting to move or to stay in a place. Any restrictions[[fn:4]] must be in conformity with paragraph 3.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":4,"text":"See e.g. Communication No. 138/1983, Mpandajila v. Zaire, para. 10; Communication No. 157/1983, Mpaka-Nsusu v. Zaire, para. 10; Communication Nos. 241 and 242/1987, Birhashwirwa/Tshisekedi v. Zaire, para. 13."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0006","docId":"ccpr-c-21-rev-1-add-9","idx":6,"n":6,"text":"The State party must ensure that the rights guaranteed in article 12 are protected not only from public but also from private interference. In the case of women, this obligation to protect is particularly pertinent. For example, it is incompatible with article 12, paragraph 1, that the right of a woman to move freely and to choose her residence be made subject, by law or practice, to the decision of another person, including a relative.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0007","docId":"ccpr-c-21-rev-1-add-9","idx":7,"n":7,"text":"Subject to the provisions of article 12, paragraph 3, the right to reside in a place of one’s choice within the territory includes protection against all forms of forced internal displacement. It also precludes preventing the entry or stay of persons in a defined part of the territory. Lawful detention, however, affects more specifically the right to personal liberty and is covered by article 9 of the Covenant. In some circumstances, articles 12 and 9 may come into play together.","labels":["Internally displaced persons"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0008","docId":"ccpr-c-21-rev-1-add-9","idx":8,"n":8,"text":"Freedom to leave the territory of a State may not be made dependent on any specific purpose[[fn:5]] or on the period of time the individual chooses to stay outside the country. Thus travelling abroad is covered as well as departure for permanent emigration. Likewise, the right of the individual to determine the State of destination is part of the legal guarantee. As the scope of article 12, paragraph 2, is not restricted to persons lawfully within the territory of a State, an alien being legally expelled from the country is likewise entitled to elect the State of destination, subject to the agreement of that State.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":5,"text":"See General Comment No. 15, para. 9, in HRI/GEN/1/Rev.3, 15 August 1997, p. 21."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0009","docId":"ccpr-c-21-rev-1-add-9","idx":9,"n":9,"text":"In order to enable the individual to enjoy the rights guaranteed by article 12, paragraph 2, obligations are imposed both on the State of residence[[fn:6]] and on the State of nationality[[fn:7]]. Since international travel usually requires appropriate documents, in particular a passport, the right to leave a country must include the right to obtain the necessary travel documents. The issuing of passports is normally incumbent on the State of nationality of the individual. The refusal by a State to issue a passport or prolong its validity for a national residing abroad may deprive this person of the right to leave the country of residence and to travel elsewhere. It is no justification for the State to claim that its national would be able to return to its territory without a passport.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":6,"text":"See Communication No. 106/1981, Montero v. Uruguay, para. 9.4; Communication No. 57/1979, Vidal Martins v. Uruguay, para. 7; Communication No. 77/1980, Lichtensztejn v. Uruguay, para. 6.1."},{"n":7,"text":"See Communication No. 57/1979, Vidal Martins v. Uruguay, para. 9."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0010","docId":"ccpr-c-21-rev-1-add-9","idx":10,"n":10,"text":"The practice of States often shows that legal rules and administrative measures adversely affect the right to leave, in particular, a person’s own country. It is therefore of the utmost importance that States parties report on all legal and practical restrictions on the right to leave, which they apply both to nationals and to foreigners, in order to enable the Committee to assess the conformity of these rules and practices with article 12, paragraph 3. States parties should also include information in their reports on measures that impose sanctions on international carriers which bring to their territory persons without required documents, where those measures affect the right to leave another country.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0011","docId":"ccpr-c-21-rev-1-add-9","idx":11,"n":11,"text":"Article 12, paragraph 3, provides for exceptional circumstances in which rights under paragraphs 1 and 2 may be restricted. This provision authorizes the State to restrict these rights only to protect national security, public order (ordre public), public health or morals and the rights and freedoms of others. To be permissible, restrictions must be provided by law, must be necessary in a democratic society for the protection of these purposes, and must be consistent with all other rights recognized in the Covenant (see para. 18 below).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0012","docId":"ccpr-c-21-rev-1-add-9","idx":12,"n":12,"text":"The law itself has to establish the conditions under which the rights may be limited. State reports should therefore specify the legal norms upon which restrictions are founded. Restrictions which are not provided for in the law or are not in conformity with the requirements of article 12, paragraph 3, would violate the rights guaranteed by paragraphs 1 and 2.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0013","docId":"ccpr-c-21-rev-1-add-9","idx":13,"n":13,"text":"In adopting laws providing for restrictions permitted by article 12, paragraph 3, States should always be guided by the principle that the restrictions must not impair the essence of the right (cf. art 5, para. 1); the relation between right and restriction, between norm and exception, must not be reversed. The laws authorizing the application of restrictions should use precise criteria and may not confer unfettered discretion on those charged with their execution.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"5","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0014","docId":"ccpr-c-21-rev-1-add-9","idx":14,"n":14,"text":"Article 12, paragraph 3, clearly indicates that it is not sufficient that the restrictions serve the permissible purposes; they must also be necessary to protect them. Restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0015","docId":"ccpr-c-21-rev-1-add-9","idx":15,"n":15,"text":"The principle of proportionality has to be respected not only in the law that frames the restrictions, but also by the administrative and judicial authorities in applying the law. States should ensure that any proceedings relating to the exercise or restriction of these rights are expeditious and that reasons for the application of restrictive measures are provided.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"]},{"id":"ccpr-c-21-rev-1-add-9-0016","docId":"ccpr-c-21-rev-1-add-9","idx":16,"n":16,"text":"States have often failed to show that the application of their laws restricting the rights enshrined in article 12[[fn:8]], paragraphs 1 and 2, are in conformity with all requirements referred to in article 12, paragraph 3. The application of restrictions in any individual case must be based on clear legal grounds and meet the test of necessity and the requirements of proportionality. These conditions would not be met, for example, if an individual were prevented from leaving a country merely on the ground that he or she is the holder of “State secrets”, or if an individual were prevented from travelling internally without a specific permit. On the other hand, the conditions could be met by restrictions on access to military zones on national security grounds or limitations on the freedom to settle in areas inhabited by indigenous or minorities communities.","labels":["Indigenous peoples"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":8,"text":"See General Comment No. 23, para. 7, in HRI/GEN/1/Rev.3, 15 August 1997, p. 41."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0017","docId":"ccpr-c-21-rev-1-add-9","idx":17,"n":17,"text":"A major source of concern are the manifold legal and bureaucratic barriers unnecessarily affecting the full enjoyment of the rights of the individuals to move freely, to leave a country, including their own, and to take up residence. Regarding the right to movement within a country, the Committee has criticized provisions requiring individuals to apply for permission to change their residence or to seek the approval of the local authorities of the place of destination, as well as delays in processing such written applications. States’ practice presents an even richer array of obstacles making it more difficult to leave the country, in particular for their own nationals. These rules and practices include, inter alia, lack of access for applicants to the competent authorities and lack of information regarding requirements; the requirement to apply for special forms through which the proper application documents for the issuance of a passport can be obtained; the need for supportive statements from employers or family members; exact description of the travel route; issuance of passports only on payment of high fees substantially exceeding the cost of the service rendered by the administration; unreasonable delays in the issuance of travel documents; restrictions on family members travelling together; requirement of a repatriation deposit or a return ticket; requirement of an invitation from the State of destination or from people living there; harassment of applicants, for example by physical intimidation, arrest, loss of employment or expulsion of their children from school or university; refusal to issue a passport because the applicant is said to harm the good name of the country. In the light of these practices, States parties should make sure that all restrictions imposed by them are in full compliance with article 12, paragraph 3.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0018","docId":"ccpr-c-21-rev-1-add-9","idx":18,"n":18,"text":"The application of the restrictions permissible under article 12, paragraph 3, needs to be consistent with the other rights guaranteed in the Covenant and with the fundamental principles of equality and non-discrimination. Thus, it would be a clear violation of the Covenant if the rights enshrined in article 12, paragraphs 1 and 2, were restricted by making distinctions of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In examining State reports, the Committee has on several occasions found that measures preventing women from moving freely or leaving the country by requiring them to have the consent or the escort of a male person, constitute a violation of article 12.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0019","docId":"ccpr-c-21-rev-1-add-9","idx":19,"n":19,"text":"The right of a person to enter his or her own country recognizes the special relationship of a person to that country. The right has various facets. It implies the right to remain in one’s own country. It includes not only the right to return after having left one’s own country; it may also entitle a person to come to the country for the first time if he or she was born outside the country (e.g. if that country is the person’s state of nationality). The right to return is of the utmost importance for refugees seeking voluntary repatriation. It also implies prohibition of enforced population transfers or mass expulsions to other countries.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"]},{"id":"ccpr-c-21-rev-1-add-9-0020","docId":"ccpr-c-21-rev-1-add-9","idx":20,"n":20,"text":"The wording of article 12, paragraph 4, does not distinguish between nationals and aliens[[fn:9]] (“no one”). Thus, the persons entitled to exercise this right can be identified only by interpreting the meaning of the phrase “his own country”. The scope of “his own country” is broader than the concept “country of his nationality”. It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by conferral; it embraces, at the very least, an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien. This would be the case, for example, of nationals of a country who have there been stripped of their nationality in violation of international law and of individuals whose country of nationality has been incorporated into or transferred to another national entity whose nationality is being denied them. The language of article 12, paragraph 4, moreover, permits a broader interpretation that might embrace other categories of long-term residents, including but not limited to stateless persons arbitrarily deprived of the right to acquire the nationality of the country of such residence. Since other factors may in certain circumstances result in the establishment of close and enduring connections between a person and a country, States parties should include in their reports information on the rights of permanent residents to return to their country of residence.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"footnotes":[{"n":9,"text":"See Communication No. 538/1993, Stewart v. Canada."}],"section":["International Covenant on Civil and Political Rights"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-9-0021","docId":"ccpr-c-21-rev-1-add-9","idx":21,"n":21,"text":"In no case may a person be arbitrarily deprived of the right to enter his or her own country. The reference to the concept of arbitrariness in this context is intended to emphasize that it applies to all State action, legislative, administrative, and judicial; it guarantees that even interference provided for by law should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances. The Committee considers that there are few, if any, circumstances in which deprivation of the right to enter one’s own country could be reasonable. A State party must not, by stripping a person of nationality or by expelling an individual to a third country, arbitrarily prevent this person from returning to his or her own country.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1999,"section":["International Covenant on Civil and Political Rights"]},{"id":"ccpr-c-21-rev-1-add-10-0001","docId":"ccpr-c-21-rev-1-add-10","idx":1,"n":1,"text":"The Committee has decided to update its general comment on article 3 of the Covenant and to replace general comment No. 4 (thirteenth session, 1981), in the light of the experience it has gathered in its activities over the last 20 years. The present revision seeks to take account of the important impact of this article on the enjoyment by women of the human rights protected under the Covenant.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0002","docId":"ccpr-c-21-rev-1-add-10","idx":2,"n":2,"text":"Article 3 implies that all human beings should enjoy the rights provided for in the Covenant, on an equal basis and in their totality. The full effect of this provision is impaired whenever any person is denied the full and equal enjoyment of any right. Consequently, States should ensure to men and women equally the enjoyment of all rights provided for in the Covenant.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0003","docId":"ccpr-c-21-rev-1-add-10","idx":3,"n":3,"text":"The obligation to ensure to all individuals the rights recognized in the Covenant, established in articles 2 and 3 of the Covenant, requires that States parties take all necessary steps to enable every person to enjoy those rights. These steps include the removal of obstacles to the equal enjoyment of such rights, the education of the population and of State officials in human rights, and the adjustment of domestic legislation so as to give effect to the undertakings set forth in the Covenant. The State party must not only adopt measures of protection, but also positive measures in all areas so as to achieve the effective and equal empowerment of women.States parties must provide information regarding the actual role of women in society so that the Committee may ascertain what measures, in addition to legislative provisions, have been or should be taken to give effect to these obligations, what progress has been made, what difficulties are encountered and what steps are being taken to overcome them.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0004","docId":"ccpr-c-21-rev-1-add-10","idx":4,"n":4,"text":"States parties are responsible for ensuring the equal enjoyment of rights without any discrimination. Articles 2 and 3 mandate States parties to take all steps necessary, including the prohibition of discrimination on the ground of sex, to put an end to discriminatory actions, both in the public and the private sector, which impair the equal enjoyment of rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0005","docId":"ccpr-c-21-rev-1-add-10","idx":5,"n":5,"text":"Inequality in the enjoyment of rights by women throughout the world is deeply embedded in tradition, history and culture, including religious attitudes. The subordinate role of women in some countries is illustrated by the high incidence of prenatal sex selection and abortion of female foetuses. States parties should ensure that traditional, historical, religious or cultural attitudes are not used to justify violations of women’s right to equality before the law and to equal enjoyment of all Covenant rights. States parties should furnish appropriate information on those aspects of tradition, history, cultural practices and religious attitudes which jeopardize, or may jeopardize, compliance with article 3, and indicate what measures they have taken or intend to take to overcome such factors.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0006","docId":"ccpr-c-21-rev-1-add-10","idx":6,"n":6,"text":"In order to fulfil the obligation set forth in article 3, States parties should take account of the factors which impede the equal enjoyment by women and men of each right specified in the Covenant. To enable the Committee to obtain a complete picture of the situation of women in each State party as regards the implementation of the rights in the Covenant, this general comment identifies some of the factors affecting the equal enjoyment by women of the rights under the Covenant and spells out the type of information that is required with regard to these rights.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0007","docId":"ccpr-c-21-rev-1-add-10","idx":7,"n":7,"text":"The equal enjoyment of human rights by women must be protected during a state of emergency (art. 4). States parties which take measures derogating from their obligations under the Covenant in time of public emergency, as provided in article 4, should provide information to the Committee with respect to the impact on the situation of women of such measures and should demonstrate that they are non-discriminatory.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0008","docId":"ccpr-c-21-rev-1-add-10","idx":8,"n":8,"text":"Women are particularly vulnerable in times of internal or international armed conflicts.States parties should inform the Committee of all measures taken during these situations to protect women from rape, abduction and other forms of gender-based violence.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000},{"id":"ccpr-c-21-rev-1-add-10-0009","docId":"ccpr-c-21-rev-1-add-10","idx":9,"n":9,"text":"In becoming parties to the Covenant, States undertake, in accordance with article 3, to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the Covenant, and in accordance with article 5, nothing in the Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights provided for in article 3, or at limitations not covered by the Covenant. Moreover, there shall be no restriction upon or derogation from the equal enjoyment by women of all fundamental human rights recognized or existing pursuant to law, conventions, regulations or customs, on the pretext that the Covenant does not recognize such rights or that it recognizes them to a lesser extent.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"5","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0010","docId":"ccpr-c-21-rev-1-add-10","idx":10,"n":10,"text":"When reporting on the right to life protected by article 6, States parties should provide data on birth rates and on pregnancy- and childbirth-related deaths of women. Gender-disaggregated data should be provided on infant mortality rates. States parties should give information on any measures taken by the State to help women prevent unwanted pregnancies, and to ensure that they do not have to undergo life-threatening clandestine abortions. States parties should also report on measures to protect women from practices that violate their right to life, such as female infanticide, the burning of widows and dowry killings. The Committee also wishes to have information on the particular impact on women of poverty and deprivation that may pose a threat to their lives.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0011","docId":"ccpr-c-21-rev-1-add-10","idx":11,"n":11,"text":"To assess compliance with article 7 of the Covenant, as well as with article 24, which mandates special protection for children, the Committee needs to be provided information on national laws and practice with regard to domestic and other types of violence against women, including rape. It also needs to know whether the State party gives access to safe abortion to women who have become pregnant as a result of rape. The States parties should also provide the Committee with information on measures to prevent forced abortion or forced sterilization. In States parties where the practice of genital mutilation exists information on its extent and on measures to eliminate it should be provided. The information provided by States parties on all these issues should include measures of protection, including legal remedies, for women whose rights under article 7 have been violated.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"24","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0012","docId":"ccpr-c-21-rev-1-add-10","idx":12,"n":12,"text":"Having regard to their obligations under article 8, States parties should inform the Committee of measures taken to eliminate trafficking of women and children, within the country or across borders, and forced prostitution. They must also provide information on measures taken to protect women and children, including foreign women and children, from slavery, disguised, inter alia, as domestic or other kinds of personal service. States parties where women and children are recruited, and from which they are taken, and States parties where they are received should provide information on measures, national or international, which have been taken in order to prevent the violation of women’s and children’s rights.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"8","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0013","docId":"ccpr-c-21-rev-1-add-10","idx":13,"n":13,"text":"States parties should provide information on any specific regulation of clothing to be worn by women in public. The Committee stresses that such regulations may involve a violation of a number of rights guaranteed by the Covenant, such as: article 26, on non-discrimination; article 7, if corporal punishment is imposed in order to enforce such a regulation; article 9, when failure to comply with the regulation is punished by arrest; article 12, if liberty of movement is subject to such a constraint; article 17, which guarantees all persons the right to privacy without arbitrary or unlawful interference; articles 18 and 19, when women are subjected to clothing requirements that are not in keeping with their religion or their right of self-expression; and, lastly, article 27, when the clothing requirements conflict with the culture to which the woman can lay a claim.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0014","docId":"ccpr-c-21-rev-1-add-10","idx":14,"n":14,"text":"With regard to article 9, States parties should provide information on any laws or practices which may deprive women of their liberty on an arbitrary or unequal basis, such as by confinement within the house (see general comment No. 8, paragraph 1).","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0015","docId":"ccpr-c-21-rev-1-add-10","idx":15,"n":15,"text":"As regards articles 7 and 10, States parties must provide all information relevant to ensuring that the rights of persons deprived of their liberty are protected on equal terms for men and women. In particular, States parties should report on whether men and women are separated in prisons and whether women are guarded only by female guards. States parties should also report about compliance with the rule that accused juvenile females shall be separated from adults and on any difference in treatment between male and female persons deprived of liberty, such as access to rehabilitation and education programmes and to conjugal and family visits.Pregnant women who are deprived of their liberty should receive humane treatment and respect for their inherent dignity at all times, and in particular during the birth and while caring for their newborn children; States parties should report on facilities to ensure this and on medical and health care for such mothers and their babies.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0016","docId":"ccpr-c-21-rev-1-add-10","idx":16,"n":16,"text":"As regards article 12, States parties should provide information on any legal provision or any practice which restricts women’s right to freedom of movement, for example the exercise of marital powers over the wife or of parental powers over adult daughters; legal or de facto requirements which prevent women from travelling, such as the requirement of consent of a third party to the issuance of a passport or other type of travel documents to an adult woman. States parties should also report on measures taken to eliminate such laws and practices and to protect women against them, including reference to available domestic remedies (see general comment No. 27, paragraphs 6 and 18).","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0017","docId":"ccpr-c-21-rev-1-add-10","idx":17,"n":17,"text":"States parties should ensure that alien women are accorded on an equal basis the right to submit arguments against their expulsion and to have their case reviewed, as provided in article 13. In this regard, they should be entitled to submit arguments based on gender-specific violations of the Covenant such as those mentioned in paragraphs 10 and 11 above.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"13","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0018","docId":"ccpr-c-21-rev-1-add-10","idx":18,"n":18,"text":"States parties should provide information to enable the Committee to ascertain whether access to justice and the right to a fair trial, provided for in article 14, are enjoyed by women on equal terms with men. In particular, States parties should inform the Committee whether there are legal provisions preventing women from direct and autonomous access to the courts (see communication No. 202/1986, Ato del Avellanal v. Peru, Views of 28 October 1988); whether women may give evidence as witnesses on the same terms as men; and whether measures are taken to ensure women equal access to legal aid, in particular in family matters. States parties should report on whether certain categories of women are denied the enjoyment of the presumption of innocence under article 14, paragraph 2, and on the measures which have been taken to put an end to this situation.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0019","docId":"ccpr-c-21-rev-1-add-10","idx":19,"n":19,"text":"The right of everyone under article 16 to be recognized everywhere as a person before the law is particularly pertinent for women, who often see it curtailed by reason of sex or marital status. This right implies that the capacity of women to own property, to enter into a contract or to exercise other civil rights may not be restricted on the basis of marital status or any other discriminatory ground. It also implies that women may not be treated as objects to be given, together with the property of the deceased husband, to his family. States must provide information on laws or practices that prevent women from being treated or from functioning as full legal persons and the measures taken to eradicate laws or practices that allow such treatment.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"16","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0020","docId":"ccpr-c-21-rev-1-add-10","idx":20,"n":20,"text":"States parties must provide information to enable the Committee to assess the effect of any laws and practices that may interfere with women’s right to enjoy privacy and other rights protected by article 17 on the basis of equality with men. An example of such interference arises where the sexual life of a woman is taken into consideration in deciding the extent of her legal rights and protections, including protection against rape. Another area where States may fail to respect women’s privacy relates to their reproductive functions, for example, where there is a requirement for the husband’s authorization to make a decision in regard to sterilization; where general requirements are imposed for the sterilization of women, such as having a certain number of children or being of a certain age, or where States impose a legal duty upon doctors and other health personnel to report cases of women who have undergone abortion. In these instances, other rights in the Covenant, such as those of articles 6 and 7, might also be at stake.Women’s privacy may also be interfered with by private actors, such as employers who request a pregnancy test before hiring a woman. States parties should report on any laws and public or private actions that interfere with the equal enjoyment by women of the rights under article 17, and on the measures taken to eliminate such interference and to afford women protection from any such interference.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0021","docId":"ccpr-c-21-rev-1-add-10","idx":21,"n":21,"text":"States parties must take measures to ensure that freedom of thought, conscience and religion, and the freedom to adopt the religion or belief of one’s choice - including the freedom to change religion or belief and to express one’s religion or belief - will be guaranteed and protected in law and in practice for both men and women, on the same terms and without discrimination. These freedoms, protected by article 18, must not be subject to restrictions otherthan those authorized by the Covenant and must not be constrained by, inter alia, rules requiring permission from third parties, or by interference from fathers, husbands, brothers or others. Article 18 may not be relied upon to justify discrimination against women by reference to freedom of thought, conscience and religion; States parties should therefore provide information on the status of women as regards their freedom of thought, conscience and religion, and indicate what steps they have taken or intend to take both to eliminate and prevent infringements of these freedoms in respect of women and to protect their right not to be discriminated against.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0022","docId":"ccpr-c-21-rev-1-add-10","idx":22,"n":22,"text":"In relation to article 19, States parties should inform the Committee of any laws or other factors which may impede women from exercising the rights protected under this provision on an equal basis. As the publication and dissemination of obscene and pornographic material which portrays women and girls as objects of violence or degrading or inhuman treatment is likely to promote these kinds of treatment of women and girls, States parties should provide information about legal measures to restrict the publication or dissemination of such material.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0023","docId":"ccpr-c-21-rev-1-add-10","idx":23,"n":23,"text":"States are required to treat men and women equally in regard to marriage in accordance with article 23, which has been elaborated further by general comment No. 19 (1990). Men and women have the right to enter into marriage only with their free and full consent, and States have an obligation to protect the enjoyment of this right on an equal basis. Many factors may prevent women from being able to make the decision to marry freely. One factor relates to the minimum age for marriage. That age should be set by the State on the basis of equal criteria for men and women. These criteria should ensure women’s capacity to make an informed and uncoerced decision. A second factor in some States may be that either by statutory or customary law a guardian, who is generally male, consents to the marriage instead of the woman herself, thereby preventing women from exercising a free choice.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0024","docId":"ccpr-c-21-rev-1-add-10","idx":24,"n":24,"text":"Another factor that may affect women’s right to marry only when they have given free and full consent is the existence of social attitudes which tend to marginalize women victims of rape and put pressure on them to agree to marriage. A woman’s free and full consent to marriage may also be undermined by laws which allow the rapist to have his criminal responsibility extinguished or mitigated if he marries the victim. States parties should indicate whether marrying the victim extinguishes or mitigates criminal responsibility and, in the case in which the victim is a minor, whether the rape reduces the marriageable age of the victim, particularly in societies where rape victims have to endure marginalization from society. A different aspect of the right to marry may be affected when States impose restrictions on remarriage by women that are not imposed on men. Also, the right to choose one’s spouse may be restricted by laws or practices that prevent the marriage of a woman of a particular religion to a man who professes no religion or a different religion. States should provide information on these laws and practices and on the measures taken to abolish the laws and eradicate the practices which undermine the right of women to marry only when they have given free and full consent. It should also be noted that equality of treatment with regard to the right to marry implies that polygamy is incompatible with this principle. Polygamy violates the dignity of women. It is an inadmissible discrimination against women. Consequently, it should be definitely abolished wherever it continues to exist.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000},{"id":"ccpr-c-21-rev-1-add-10-0025","docId":"ccpr-c-21-rev-1-add-10","idx":25,"n":25,"text":"To fulfil their obligations under article 23, paragraph 4, States parties must ensure that the matrimonial regime contains equal rights and obligations for both spouses with regard to the custody and care of children, the children’s religious and moral education, the capacity to transmit to children the parent’s nationality, and the ownership or administration of property,whether common property or property in the sole ownership of either spouse. States parties should review their legislation to ensure that married women have equal rights in regard to the ownership and administration of such property, where necessary. Also, States parties should ensure that no sex-based discrimination occurs in respect of the acquisition or loss of nationality by reason of marriage, of residence rights, and of the right of each spouse to retain the use of his or her original family name or to participate on an equal basis in the choice of a new family name. Equality during marriage implies that husband and wife should participate equally in responsibility and authority within the family.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0026","docId":"ccpr-c-21-rev-1-add-10","idx":26,"n":26,"text":"States parties must also ensure equality in regard to the dissolution of marriage, which excludes the possibility of repudiation. The grounds for divorce and annulment should be the same for men and women, as well as decisions with regard to property distribution, alimony and the custody of children. Determination of the need to maintain contact between children and the non-custodial parent should be based on equal considerations. Women should also have equal inheritance rights to those of men when the dissolution of marriage is caused by the death of one of the spouses.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000},{"id":"ccpr-c-21-rev-1-add-10-0027","docId":"ccpr-c-21-rev-1-add-10","idx":27,"n":27,"text":"In giving effect to recognition of the family in the context of article 23, it is important to accept the concept of the various forms of family, including unmarried couples and their children and single parents and their children, and to ensure the equal treatment of women in these contexts (see general comment No. 19, paragraph 2). Single-parent families frequently consist of a single woman caring for one or more children, and States parties should describe what measures of support are in place to enable her to discharge her parental functions on the basis of equality with a man in a similar position.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"23","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0028","docId":"ccpr-c-21-rev-1-add-10","idx":28,"n":28,"text":"The obligation of States parties to protect children (art. 24) should be carried out equally for boys and girls. States parties should report on measures taken to ensure that girls are treated equally to boys in education, in feeding and in health care, and provide the Committee with disaggregated data in this respect. States parties should eradicate, both through legislation and any other appropriate measures, all cultural or religious practices which jeopardize the freedom and well-being of female children.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0029","docId":"ccpr-c-21-rev-1-add-10","idx":29,"n":29,"text":"The right to participate in the conduct of public affairs is not fully implemented everywhere on an equal basis. States parties must ensure that the law guarantees to women the rights contained in article 25 on equal terms with men and take effective and positive measures to promote and ensure women’s participation in the conduct of public affairs and in public office, including appropriate affirmative action. Effective measures taken by States parties to ensure that all persons entitled to vote are able to exercise that right should not be discriminatory on the grounds of sex. The Committee requires States parties to provide statistical information on the percentage of women in publicly elected office, including the legislature, as well as in high- ranking civil service positions and the judiciary.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0030","docId":"ccpr-c-21-rev-1-add-10","idx":30,"n":30,"text":"Discrimination against women is often intertwined with discrimination on other grounds such as race, colour, language, religion, political or other opinion, national or social origin, property, birth or other status. States parties should address the ways in which any instances of discrimination on other grounds affect women in a particular way, and include information on the measures taken to counter these effects.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000},{"id":"ccpr-c-21-rev-1-add-10-0031","docId":"ccpr-c-21-rev-1-add-10","idx":31,"n":31,"text":"The right to equality before the law and freedom from discrimination, protected by article 26, requires States to act against discrimination by public and private agencies in all fields. Discrimination against women in areas such as social security laws (communications Nos. 172/84, Broeks v. Netherlands, Views of 9 April 1987; 182/84, Zwaan de Vries v. the Netherlands, Views of 9 April 1987; 218/1986, Vos v. the Netherlands, Views of 29 March 1989) as well as in the area of citizenship or rights of non-citizens in a country (communication No. 035/1978, Aumeeruddy-Cziffra et al. v. Mauritius, Views adopted 9 April 1981) violates article 26. The commission of so-called “honour crimes” which remain unpunished constitutes a serious violation of the Covenant and in particular of articles 6, 14 and 26. Laws which impose more severe penalties on women than on men for adultery or other offences also violate the requirement of equal treatment. The Committee has also often observed in reviewing States parties’ reports that a large proportion of women are employed in areas which are not protected by labour laws and that prevailing customs and traditions discriminate against women, particularly with regard to access to better paid employment and to equal pay for work of equal value. States parties should review their legislation and practices and take the lead in implementing all measures necessary to eliminate discrimination against women in all fields, for example by prohibiting discrimination by private actors in areas such as employment, education, political activities and the provision of accommodation, goods and services. States parties should report on all these measures and provide information on the remedies available to victims of such discrimination.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-10-0032","docId":"ccpr-c-21-rev-1-add-10","idx":32,"n":32,"text":"The rights which persons belonging to minorities enjoy under article 27 of the Covenant in respect of their language, culture and religion do not authorize any State, group or person to violate the right to the equal enjoyment by women of any Covenant rights, including the right to equal protection of the law. States should report on any legislation or administrative practices related to membership in a minority community that might constitute an infringement of the equal rights of women under the Covenant (communication No. 24/1977, Lovelace v. Canada, Views adopted July 1981) and on measures taken or envisaged to ensure the equal right of men and women to enjoy all civil and political rights in the Covenant. Likewise, States should report on measures taken to discharge their responsibilities in relation to cultural or religious practices within minority communities that affect the rights of women. In their reports, States parties should pay attention to the contribution made by women to the cultural life of their communities.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2000,"citedArticles":[{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0001","docId":"ccpr-c-21-rev-1-add-11","idx":1,"n":1,"text":"Article 4 of the Covenant is of paramount importance for the system of protection for human rights under the Covenant. On the one hand, it allows for a State party unilaterally to derogate temporarily from a part of its obligations under the Covenant. On the other hand, article 4 subjects both this very measure of derogation, as well as its material consequences, to a specific regime of safeguards. The restoration of a state of normalcy where full respect for the Covenant can again be secured must be the predominant objective of a State party derogating from the Covenant. In this general comment, replacing its General Comment No 5, adopted at the thirteenth session (1981), the Committee seeks to assist States parties to meet the requirements of article 4.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0002","docId":"ccpr-c-21-rev-1-add-11","idx":2,"n":2,"text":"Measures derogating from the provisions of the Covenant must be of an exceptional and temporary nature. Before a State moves to invoke article 4, two fundamental conditions must be met: the situation must amount to a public emergency which threatens the life of the nation, and the State party must have officially proclaimed a state of emergency. The latter requirement is essential for the maintenance of the principles of legality and rule of law at times when they are most needed. When proclaiming a state of emergency with consequences that could entail derogation from any provision of the Covenant, States must act within their constitutional and other provisions of law that govern such proclamation and the exercise of emergency powers; it is the task of the Committee to monitor the laws in question with respect to whether they enable and secure compliance with article 4. In order that the Committee can perform its task, States parties to the Covenant should include in their reports submitted under article 40 sufficient and precise information about their law and practice in the field of emergency powers.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0003","docId":"ccpr-c-21-rev-1-add-11","idx":3,"n":3,"text":"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1. During armed conflict, whether international or non-international, rules of international humanitarian law become applicable and help, in addition to the provisions in article 4 and article 5, paragraph 1, of the Covenant, to prevent the abuse of a State’s emergency powers. The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation. If States parties consider invoking article 4 in other situations than an armed conflict, they should carefully consider the justification and why such a measure is necessary and legitimate in the circumstances. On a number of occasions the Committee has expressed its concern over States parties that appear to have derogated from rights protected by the Covenant, or whose domestic law appears to allow such derogation in situations not covered by article 4.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"5","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0004","docId":"ccpr-c-21-rev-1-add-11","idx":4,"n":4,"text":"A fundamental requirement for any measures derogating from the Covenant, as set forth in article 4, paragraph 1, is that such measures are limited to the extent strictly required by the exigencies of the situation. This requirement relates to the duration, geographical coverage and material scope of the state of emergency and any measures of derogation resorted to because of the emergency. Derogation from some Covenant obligations in emergency situations is clearly distinct from restrictions or limitations allowed even in normal times under several provisions of the Covenant. Nevertheless, the obligation to limit any derogations to those strictly required by the exigencies of the situation reflects the principle of proportionality which is common to derogation and limitation powers. Moreover, the mere fact that a permissible derogation from a specific provision may, of itself, be justified by the exigencies of the situation does not obviate the requirement that specific measures taken pursuant to the derogation must also be shown to be required by the exigencies of the situation. In practice, this will ensure that no provision of the Covenant, however validly derogated from will be entirely inapplicable to the behaviour of a State party. When considering States parties’ reports the Committee has expressed its concern over insufficient attention being paid to the principle of proportionality.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0005","docId":"ccpr-c-21-rev-1-add-11","idx":5,"n":5,"text":"The issues of when rights can be derogated from, and to what extent, cannot be separated from the provision in article 4, paragraph 1, of the Covenant according to which any measures derogating from a State party’s obligations under the Covenant must be limited “to the extent strictly required by the exigencies of the situation”. This condition requires that States parties provide careful justification not only for their decision to proclaim a state of emergency but also for any specific measures based on such a proclamation. If States purport to invoke the right to derogate from the Covenant during, for instance, a natural catastrophe, a mass demonstration including instances of violence, or a major industrial accident, they must be able to justify not only that such a situation constitutes a threat to the life of the nation, but also that all their measures derogating from the Covenant are strictly required by the exigencies of the situation. In the opinion of the Committee, the possibility of restricting certain Covenant rights under the terms of, for instance, freedom of movement (article 12) or freedom of assembly (article 21) is generally sufficient during such situations and no derogation from the provisions in question would be justified by the exigencies of the situation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0006","docId":"ccpr-c-21-rev-1-add-11","idx":6,"n":6,"text":"The fact that some of the provisions of the Covenant have been listed in article 4 (paragraph 2), as not being subject to derogation does not mean that other articles in the Covenant may be subjected to derogations at will, even where a threat to the life of the nation exists. The legal obligation to narrow down all derogations to those strictly required by the exigencies of the situation establishes both for States parties and for the Committee a duty to conduct a careful analysis under each article of the Covenant based on an objective assessment of the actual situation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0007","docId":"ccpr-c-21-rev-1-add-11","idx":7,"n":7,"text":"Article 4, paragraph 2, of the Covenant explicitly prescribes that no derogation from the following articles may be made: article 6 (right to life), article 7 (prohibition of torture or cruel, inhuman or degrading punishment, or of medical or scientific experimentation without consent), article 8, paragraphs 1 and 2 (prohibition of slavery, slave-trade and servitude), article 11 (prohibition of imprisonment because of inability to fulfil a contractual obligation), article 15 (the principle of legality in the field of criminal law, i.e. the requirement of both criminal liability and punishment being limited to clear and precise provisions in the law that was in place and applicable at the time the act or omission took place, except in cases where a later law imposes a lighter penalty), article 16 (the recognition of everyone as a person before the law), and article 18 (freedom of thought, conscience and religion). The rights enshrined in these provisions are non-derogable by the very fact that they are listed in article 4, paragraph 2. The same applies, in relation to States that are parties to the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty, as prescribed in article 6 of that Protocol. Conceptually, the qualification of a Covenant provision as a non-derogable one does not mean that no limitations or restrictions would ever be justified. The reference in article 4, paragraph 2, to article 18, a provision that includes a specific clause on restrictions in its paragraph 3, demonstrates that the permissibility of restrictions is independent of the issue of derogability. Even in times of most serious public emergencies, States that interfere with the freedom to manifest one’s religion or belief must justify their actions by referring to the requirements specified in article 18, paragraph 3. On several occasions the Committee has expressed its concern about rights that are non-derogable according to article 4, paragraph 2, being either derogated from or under a risk of derogation owing to inadequacies in the legal regime of the State party.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"article":"4","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'Article 4, paragraph 2, of the Covenant explicitly prescribes that no derogation from the following articles may be made' — ICCPR art.4 (derogation clause)."},{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 6 (right to life)' listed among non-derogable articles of the Covenant — ICCPR art.6."},{"article":"7","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 7 (prohibition of torture...)' — ICCPR art.7."},{"article":"8","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 8, paragraphs 1 and 2 (prohibition of slavery...)' — ICCPR art.8."},{"article":"11","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 11 (prohibition of imprisonment because of inability to fulfil a contractual obligation)' — ICCPR art.11."},{"article":"15","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 15 (the principle of legality in the field of criminal law)' — ICCPR art.15."},{"article":"16","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 16 (the recognition of everyone as a person before the law)' — ICCPR art.16."},{"article":"18","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 18 (freedom of thought, conscience and religion)' listed as non-derogable in ICCPR art.4(2) — ICCPR art.18."},{"article":"4","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second mention: 'listed in article 4, paragraph 2' referring again to the ICCPR derogation clause — ICCPR art.4."},{"article":"6","treaty":"ICCPR-OP2","confidence":"high","source":"sonnet","rationale":"'as prescribed in article 6 of that Protocol' — 'that Protocol' clearly refers to the Second Optional Protocol to the Covenant (just named), so this is ICCPR-OP2 art.6 (abolition of death penalty). Override from regex default ICCPR."},{"article":"4","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Third ref to art.4: 'The reference in article 4, paragraph 2, to article 18' — ICCPR art.4."},{"article":"18","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second mention of art.18: 'The reference in article 4, paragraph 2, to article 18, a provision that includes a specific clause on restrictions in its paragraph 3' — ICCPR art.18."},{"article":"18","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Third mention of art.18: 'must justify their actions by referring to the requirements specified in article 18, paragraph 3' — ICCPR art.18(3)."},{"article":"4","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Fourth ref to art.4: 'rights that are non-derogable according to article 4, paragraph 2' — ICCPR art.4."}]},{"id":"ccpr-c-21-rev-1-add-11-0008","docId":"ccpr-c-21-rev-1-add-11","idx":8,"n":8,"text":"According to article 4, paragraph 1, one of the conditions for the justifiability of any derogation from the Covenant is that the measures taken do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. Even though article 26 or the other Covenant provisions related to non-discrimination (articles 2, 3, 14, paragraph 1, 23, paragraph 4, 24, paragraph 1, and 25) have not been listed among the non-derogable provisions in article 4, paragraph 2, there are elements or dimensions of the right to non-discrimination that cannot be derogated from in any circumstances. In particular, this provision of article 4, paragraph 1, must be complied with if any distinctions between persons are made when resorting to measures that derogate from the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0009","docId":"ccpr-c-21-rev-1-add-11","idx":9,"n":9,"text":"Furthermore, article 4, paragraph 1, requires that no measure derogating from the provisions of the Covenant may be inconsistent with the State party’s other obligations under international law, particularly the rules of international humanitarian law. Article 4 of the Covenant cannot be read as justification for derogation from the Covenant if such derogation would entail a breach of the State’s other international obligations, whether based on treaty or general international law. This is reflected also in article 5, paragraph 2, of the Covenant according to which there shall be no restriction upon or derogation from any fundamental rights recognized in other instruments on the pretext that the Covenant does not recognize such rights or that it recognizes them to a lesser extent.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"5","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0010","docId":"ccpr-c-21-rev-1-add-11","idx":10,"n":10,"text":"Although it is not the function of the Human Rights Committee to review the conduct of a State party under other treaties, in exercising its functions under the Covenant the Committee has the competence to take a State party’s other international obligations into account when it considers whether the Covenant allows the State party to derogate from specific provisions of the Covenant. Therefore, when invoking article 4, paragraph 1, or when reporting under article 40 on the legal framework related to emergencies, States parties should present information on their other international obligations relevant for the protection of the rights in question, in particular those obligations that are applicable in times of emergency. In this respect, States parties should duly take into account the developments within international law as to human rights standards applicable in emergency situations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0011","docId":"ccpr-c-21-rev-1-add-11","idx":11,"n":11,"text":"The enumeration of non-derogable provisions in article 4 is related to, but not identical with, the question whether certain human rights obligations bear the nature of peremptory norms of international law. The proclamation of certain provisions of the Covenant as being of a non‑derogable nature, in article 4, paragraph 2, is to be seen partly as recognition of the peremptory nature of some fundamental rights ensured in treaty form in the Covenant (e.g., articles 6 and 7). However, it is apparent that some other provisions of the Covenant were included in the list of non-derogable provisions because it can never become necessary to derogate from these rights during a state of emergency (e.g., articles 11 and 18). Furthermore, the category of peremptory norms extends beyond the list of non-derogable provisions as given in article 4, paragraph 2. States parties may in no circumstances invoke article 4 of the Covenant as justification for acting in violation of humanitarian law or peremptory norms of international law, for instance by taking hostages, by imposing collective punishments, through arbitrary deprivations of liberty or by deviating from fundamental principles of fair trial, including the presumption of innocence.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"11","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0012","docId":"ccpr-c-21-rev-1-add-11","idx":12,"n":12,"text":"In assessing the scope of legitimate derogation from the Covenant, one criterion can be found in the definition of certain human rights violations as crimes against humanity. If action conducted under the authority of a State constitutes a basis for individual criminal responsibility for a crime against humanity by the persons involved in that action, article 4 of the Covenant cannot be used as justification that a state of emergency exempted the State in question from its responsibility in relation to the same conduct. Therefore, the recent codification of crimes against humanity, for jurisdictional purposes, in the Rome Statute of the International Criminal Court is of relevance in the interpretation of article 4 of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0013","docId":"ccpr-c-21-rev-1-add-11","idx":13,"n":13,"text":"In those provisions of the Covenant that are not listed in article 4, paragraph 2, there are elements that in the Committee’s opinion cannot be made subject to lawful derogation under article 4. Some illustrative examples are presented below. (a)All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Although this right, prescribed in article 10 of the Covenant, is not separately mentioned in the list of non-derogable rights in article 4, paragraph 2, the Committee believes that here the Covenant expresses a norm of general international law not subject to derogation. This is supported by the reference to the inherent dignity of the human person in the preamble to the Covenant and by the close connection between articles 7 and 10. (b)The prohibitions against taking of hostages, abductions or unacknowledged detention are not subject to derogation. The absolute nature of these prohibitions, even in times of emergency, is justified by their status as norms of general international law. (c)The Committee is of the opinion that the international protection of the rights of persons belonging to minorities includes elements that must be respected in all circumstances. This is reflected in the prohibition against genocide in international law, in the inclusion of a non-discrimination clause in article 4 itself (paragraph 1), as well as in the non-derogable nature of article 18. (d)As confirmed by the Rome Statute of the International Criminal Court, deportation or forcible transfer of population without grounds permitted under international law, in the form of forced displacement by expulsion or other coercive means from the area in which the persons concerned are lawfully present, constitutes a crime against humanity. The legitimate right to derogate from article 12 of the Covenant during a state of emergency can never be accepted as justifying such measures. (e)No declaration of a state of emergency made pursuant to article 4, paragraph 1, may be invoked as justification for a State party to engage itself, contrary to article 20, in propaganda for war, or in advocacy of national, racial or religious hatred that would constitute incitement to discrimination, hostility or violence.","labels":["Persons deprived of their liberty","Internally displaced persons"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0014","docId":"ccpr-c-21-rev-1-add-11","idx":14,"n":14,"text":"Article 2, paragraph 3, of the Covenant requires a State party to the Covenant to provide remedies for any violation of the provisions of the Covenant. This clause is not mentioned in the list of non-derogable provisions in article 4, paragraph 2, but it constitutes a treaty obligation inherent in the Covenant as a whole. Even if a State party, during a state of emergency, and to the extent that such measures are strictly required by the exigencies of the situation, may introduce adjustments to the practical functioning of its procedures governing judicial or other remedies, the State party must comply with the fundamental obligation, under article 2, paragraph 3, of the Covenant to provide a remedy that is effective.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0015","docId":"ccpr-c-21-rev-1-add-11","idx":15,"n":15,"text":"It is inherent in the protection of rights explicitly recognized as non-derogable in article 4, paragraph 2, that they must be secured by procedural guarantees, including, often, judicial guarantees. The provisions of the Covenant relating to procedural safeguards may never be made subject to measures that would circumvent the protection of non-derogable rights. Article 4 may not be resorted to in a way that would result in derogation from non-derogable rights. Thus, for example, as article 6 of the Covenant is non-derogable in its entirety, any trial leading to the imposition of the death penalty during a state of emergency must conform to the provisions of the Covenant, including all the requirements of articles 14 and 15.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"15","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0016","docId":"ccpr-c-21-rev-1-add-11","idx":16,"n":16,"text":"Safeguards related to derogation, as embodied in article 4 of the Covenant, are based on the principles of legality and the rule of law inherent in the Covenant as a whole. As certain elements of the right to a fair trial are explicitly guaranteed under international humanitarian law during armed conflict, the Committee finds no justification for derogation from these guarantees during other emergency situations. The Committee is of the opinion that the principles of legality and the rule of law require that fundamental requirements of fair trial must be respected during a state of emergency. Only a court of law may try and convict a person for a criminal offence. The presumption of innocence must be respected. In order to protect non-derogable rights, the right to take proceedings before a court to enable the court to decide without delay on the lawfulness of detention, must not be diminished by a State party’s decision to derogate from the Covenant.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-11-0017","docId":"ccpr-c-21-rev-1-add-11","idx":17,"n":17,"text":"In paragraph 3 of article 4, States parties, when they resort to their power of derogation under article 4, commit themselves to a regime of international notification. A State party availing itself of the right of derogation must immediately inform the other States parties, through the United Nations Secretary‑General, of the provisions it has derogated from and of the reasons for such measures. Such notification is essential not only for the discharge of the Committee’s functions, in particular in assessing whether the measures taken by the State party were strictly required by the exigencies of the situation, but also to permit other States parties to monitor compliance with the provisions of the Covenant. In view of the summary character of many of the notifications received in the past, the Committee emphasizes that the notification by States parties should include full information about the measures taken and a clear explanation of the reasons for them, with full documentation attached regarding their law. Additional notifications are required if the State party subsequently takes further measures under article 4, for instance by extending the duration of a state of emergency. The requirement of immediate notification applies equally in relation to the termination of derogation. These obligations have not always been respected: States parties have failed to notify other States parties, through the Secretary-General, of a proclamation of a state of emergency and of the resulting measures of derogation from one or more provisions of the Covenant, and States parties have sometimes neglected to submit a notification of territorial or other changes in the exercise of their emergency powers.’Sometimes, the existence of a state of emergency and the question of whether a State party has derogated from provisions of the Covenant have come to the attention of the Committee only incidentally, in the course of the consideration of a State party’s report. The Committee emphasizes the obligation of immediate international notification whenever a State party takes measures derogating from its obligations under the Covenant. The duty of the Committee to monitor the law and practice of a State party for compliance with article 4 does not depend on whether that State party has submitted a notification.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2001,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"annotated-ccpr-gc2-reporting-guidelines-0001","docId":"annotated-ccpr-gc2-reporting-guidelines","idx":1,"n":1,"text":"The Committee has noted that some of the reports submitted initially were so brief and general that the Committee found it necessary to elaborate general guidelines regarding the form and content of reports. These guidelines were designed to ensure that reports are presented in a uniform manner and to enable the Committee and States parties to obtain a complete picture of the situation in each State as regards the implementation of the rights referred to in the Covenant. Despite the guidelines, however, some reports are still so brief and general that they do not satisfy the reporting obligations under article 40.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"annotated-ccpr-gc2-reporting-guidelines-0002","docId":"annotated-ccpr-gc2-reporting-guidelines","idx":2,"n":2,"text":"Article 2 of the Covenant requires States parties to adopt such legislative or other measures and provide such remedies as may be necessary to implement the Covenant. Article 40 requires States parties to submit to the Committee reports on the measures adopted by them, on the progress made in the enjoyment of the Covenant rights and the factors and difficulties, if any, affecting the implementation of the Covenant. Even reports which were in their form generally in accordance with the guidelines have in substance been incomplete. It has been difficult to understand from some reports whether the Covenant had been implemented as part of national legislation and many of them were clearly incomplete as regards relevant legislation. In some reports the role of national bodies or organs in supervising and in implementing the rights had not been made clear. Further, very few reports have given any account of the factors and difficulties affecting the implementation of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"annotated-ccpr-gc2-reporting-guidelines-0003","docId":"annotated-ccpr-gc2-reporting-guidelines","idx":3,"n":3,"text":"The Committee considers that the reporting obligation embraces not only the relevant laws and other norms relating to the obligations under the Covenant but also the practices and decisions of courts and other organs of the State party as well as further relevant facts which are likely to show the degree of the actual implementation and enjoyment of the rights recognized in the Covenant, the progress achieved and factors and difficulties in implementing the obligations under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"annotated-ccpr-gc2-reporting-guidelines-0004","docId":"annotated-ccpr-gc2-reporting-guidelines","idx":4,"n":4,"text":"It is the practice of the Committee, in accordance with Rule 68 of its Provisional Rules of Procedure, to examine reports in the presence of representatives of the reporting States. All States whose reports have been examined have cooperated with the Committee in this way but the level, experience and the number of representatives have varied. The Committee wishes to state that, if it is to be able to perform its functions under article 40 as effectively as possible and if the reporting State is to obtain the maximum benefit from the dialogue, it is desirable that the States representatives should have such status and experience (and preferably be in such number) as to respond to questions put, and the comments made, in the Committee over the whole range of matters covered by the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-12-0001","docId":"ccpr-c-21-rev-1-add-12","idx":1,"n":1,"text":"States parties have undertaken to submit reports in accordance with article 40 of the Covenant within one year of its entry into force for the States parties concerned and, thereafter, whenever the Committee so requests.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002,"citedArticles":[{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-12-0002","docId":"ccpr-c-21-rev-1-add-12","idx":2,"n":2,"text":"The Committee notes, as appears from its annual reports, that only a small number of States have submitted their reports on time. Most of them have been submitted with delays ranging from a few months to several years and some States parties are still in default, despite repeated reminders by the Committee.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002},{"id":"ccpr-c-21-rev-1-add-12-0003","docId":"ccpr-c-21-rev-1-add-12","idx":3,"n":3,"text":"Other States have announced that they would appear before the Committee but have not done so on the scheduled date.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002},{"id":"ccpr-c-21-rev-1-add-12-0004","docId":"ccpr-c-21-rev-1-add-12","idx":4,"n":4,"text":"4. To remedy such situations, the Committee has adopted new rules:","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002},{"id":"ccpr-c-21-rev-1-add-12-0005","docId":"ccpr-c-21-rev-1-add-12","idx":5,"n":5,"text":"After the Committee has adopted concluding observations, a follow-up procedure shall be employed in order to establish, maintain or restore a dialogue with the State party. For this purpose and in order to enable the Committee to take further action, the Committee shall appoint a Special Rapporteur, who will report to the Committee.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002},{"id":"ccpr-c-21-rev-1-add-12-0006","docId":"ccpr-c-21-rev-1-add-12","idx":6,"n":6,"text":"In the light of the report of the Special Rapporteur, the Committee shall assess the position adopted by the State party and, if necessary, set a new date for the State party to submit its next report.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2002},{"id":"ccpr-c-21-rev-1-add-13-0001","docId":"ccpr-c-21-rev-1-add-13","idx":1,"n":1,"text":"1. This General Comment replaces General Comment No 3, reflecting and developing its principles. The general non-discrimination provisions of article 2, paragraph 1, have been addressed in General Comment 18 and General Comment 28, and this General Comment should be read together with them.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0002","docId":"ccpr-c-21-rev-1-add-13","idx":2,"n":2,"text":"2. While article 2 is couched in terms of the obligations of State Parties towards individuals as the right-holders under the Covenant, every State Party has a legal interest in the performance by every other State Party of its obligations. This follows from the fact that the ‘rules concerning the basic rights of the human person’ are erga omnes obligations and that, as indicated in the fourth preambular paragraph of the Covenant, there is a United Nations Charter obligation to promote universal respect for, and observance of, human rights and fundamental freedoms. Furthermore, the contractual dimension of the treaty involves any State Party to a treaty being obligated to every other State Party to comply with its undertakings under the treaty. In this connection, the Committee reminds States Parties of the desirability of making the declaration contemplated in article 41. It further reminds those States Parties already having made the declaration of the potential value of availing themselves of the procedure under that article. However, the mere fact that a formal interstate mechanism for complaints to the Human Rights Committee exists in respect of States Parties that have made the declaration under article 41 does not mean that this procedure is the only method by which States Parties can assert their interest in the performance of other States Parties. On the contrary, the article 41 procedure should be seen as supplementary to, not diminishing of, States Parties’ interest in each others’ discharge of their obligations. Accordingly, the Committee commends to States Parties the view that violations of Covenant rights by any State Party deserve their attention. To draw attention to possible breaches of Covenant obligations by other States Parties and to call on them to comply with their Covenant obligations should, far from being regarded as an unfriendly act, be considered as a reflection of legitimate community interest.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"41","source":"regex"},{"treaty":"ICCPR","article":"41","source":"regex"},{"treaty":"ICCPR","article":"41","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0003","docId":"ccpr-c-21-rev-1-add-13","idx":3,"n":3,"text":"3. Article 2 defines the scope of the legal obligations undertaken by States Parties to the Covenant. A general obligation is imposed on States Parties to respect the Covenant rights and to ensure them to all individuals in their territory and subject to their jurisdiction (see paragraph 10 below). Pursuant to the principle articulated in article 26 of the Vienna Convention on the Law of Treaties, States Parties are required to give effect to the obligations under the Covenant in good faith.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0004","docId":"ccpr-c-21-rev-1-add-13","idx":4,"n":4,"text":"4. The obligations of the Covenant in general and article 2 in particular are binding on every State Party as a whole. All branches of government (executive, legislative and judicial), and other public or governmental authorities, at whatever level - national, regional or local - are in a position to engage the responsibility of the State Party. The executive branch that usually represents the State Party internationally, including before the Committee, may not point to the fact that an action incompatible with the provisions of the Covenant was carried out by another branch of government as a means of seeking to relieve the State Party from responsibility for the action and consequent incompatibility. This understanding flows directly from the principle contained in article 27 of the Vienna Convention on the Law of Treaties, according to which a State Party ‘may not invoke the provisions of its internal law as justification for its failure to perform a treaty’. Although article 2, paragraph 2, allows States Parties to give effect to Covenant rights in accordance with domestic constitutional processes, the same principle operates so as to prevent States parties from invoking provisions of the constitutional law or other aspects of domestic law to justify a failure to perform or give effect to obligations under the treaty. In this respect, the Committee reminds States Parties with a federal structure of the terms of article 50, according to which the Covenant’s provisions ‘shall extend to all parts of federal states without any limitations or exceptions’.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"50","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0005","docId":"ccpr-c-21-rev-1-add-13","idx":5,"n":5,"text":"5. The article 2, paragraph 1, obligation to respect and ensure the rights recognized by in the Covenant has immediate effect for all States parties. Article 2, paragraph 2, provides the overarching framework within which the rights specified in the Covenant are to be promoted and protected. The Committee has as a consequence previously indicated in its General Comment 24 that reservations to article 2, would be incompatible with the Covenant when considered in the light of its objects and purposes.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0006","docId":"ccpr-c-21-rev-1-add-13","idx":6,"n":6,"text":"6. The legal obligation under article 2, paragraph 1, is both negative and positive in nature. States Parties must refrain from violation of the rights recognized by the Covenant, and any restrictions on any of those rights must be permissible under the relevant provisions of the Covenant. Where such restrictions are made, States must demonstrate their necessity and only take such measures as are proportionate to the pursuance of legitimate aims in order to ensure continuous and effective protection of Covenant rights. In no case may the restrictions be applied or invoked in a manner that would impair the essence of a Covenant right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0007","docId":"ccpr-c-21-rev-1-add-13","idx":7,"n":7,"text":"7. Article 2 requires that States Parties adopt legislative, judicial, administrative, educative and other appropriate measures in order to fulfil their legal obligations. The Committee believes that it is important to raise levels of awareness about the Covenant not only among public officials and State agents but also among the population at large.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0008","docId":"ccpr-c-21-rev-1-add-13","idx":8,"n":8,"text":"8. The article 2, paragraph 1, obligations are binding on States [Parties] and do not, as such, have direct horizontal effect as a matter of international law. The Covenant cannot be viewed as a substitute for domestic criminal or civil law. However the positive obligations on States Parties to ensure Covenant rights will only be fully discharged if individuals are protected by the State, not just against violations of Covenant rights by its agents, but also against acts committed by private persons or entities that would impair the enjoyment of Covenant rights in so far as they are amenable to application between private persons or entities. There may be circumstances in which a failure to ensure Covenant rights as required by article 2 would give rise to violations by States Parties of those rights, as a result of States Parties’ permitting or failing to take appropriate measures or to exercise due diligence to prevent, punish, investigate or redress the harm caused by such acts by private persons or entities. States are reminded of the interrelationship between the positive obligations imposed under article 2 and the need to provide effective remedies in the event of breach under article 2, paragraph 3. The Covenant itself envisages in some articles certain areas where there are positive obligations on States Parties to address the activities of private persons or entities. For example, the privacy-related guarantees of article 17 must be protected by law. It is also implicit in article 7 that States Parties have to take positive measures to ensure that private persons or entities do not inflict torture or cruel, inhuman or degrading treatment or punishment on others within their power. In fields affecting basic aspects of ordinary life such as work or housing, individuals are to be protected from discrimination within the meaning of article 26.]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0009","docId":"ccpr-c-21-rev-1-add-13","idx":9,"n":9,"text":"9. The beneficiaries of the rights recognized by the Covenant are individuals. Although, with the exception of article 1, the Covenant does not mention he rights of legal persons or similar entities or collectivities, many of the rights recognized by the Covenant, such as the freedom to manifest one’s religion or belief (article 18), the freedom of association (article 22) or the rights of members of minorities (article 27), may be enjoyed in community with others. The fact that the competence of the Committee to receive and consider communications is restricted to those submitted by or on behalf of individuals (article 1 of the Optional Protocol) does not prevent such individuals from claiming that actions or omissions that concern legal persons and similar entities amount to a violation of their own rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"article":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'with the exception of article 1, the Covenant does not mention the rights of legal persons' — ICCPR art.1 (self-determination). First of the two art.1 refs."},{"article":"18","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the freedom to manifest one's religion or belief (article 18)' — ICCPR art.18."},{"article":"22","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the freedom of association (article 22)' — ICCPR art.22."},{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the rights of members of minorities (article 27)' — ICCPR art.27."},{"article":"1","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"'the competence of the Committee to receive and consider communications is restricted to those submitted by or on behalf of individuals (article 1 of the Optional Protocol)' — text explicitly attributes this to the Optional Protocol (ICCPR-OP1 art.1). Override from regex default ICCPR."}]},{"id":"ccpr-c-21-rev-1-add-13-0010","docId":"ccpr-c-21-rev-1-add-13","idx":10,"n":10,"text":"10. States Parties are required by article 2, paragraph 1, to respect and to ensure the Covenant rights to all persons who may be within their territory and to all persons subject to their jurisdiction. This means that a State party must respect and ensure the rights laid down in the Covenant to anyone within the power or effective control of that State Party, even if not situated within the territory of the State Party. As indicated in General Comment 15 adopted at the twenty-seventh session (1986), the enjoyment of Covenant rights is not limited to citizens of States Parties but must also be available to all individuals, regardless of nationality or statelessness, such as asylum seekers, refugees, migrant workers and other persons, who may find themselves in the territory or subject to the jurisdiction of the State Party. This principle also applies to those within the power or effective control of the forces of a State Party acting outside its territory, regardless of the circumstances in which such power or effective control was obtained, such as forces constituting a national contingent of a State Party assigned to an international peace-keeping or peace-enforcement operation.","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0011","docId":"ccpr-c-21-rev-1-add-13","idx":11,"n":11,"text":"11. As implied in General Comment 29[[fn:1]]1, the Covenant applies also in situations of armed conflict to which the rules of international humanitarian law are applicable. While, in respect of certain Covenant rights, more specific rules of international humanitarian law may be specially relevant for the purposes of the interpretation of Covenant rights, both spheres of law are complementary, not mutually exclusive.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"footnotes":[{"n":1,"text":"1 General Comment No.29 on States of Emergencies, adopted on 24 July 2001, reproduced in Annual Report for 2001, A/56/40, Annex VI, paragraph 3."}]},{"id":"ccpr-c-21-rev-1-add-13-0012","docId":"ccpr-c-21-rev-1-add-13","idx":12,"n":12,"text":"12. Moreover, the article 2 obligation requiring that States Parties respect and ensure the Covenant rights for all persons in their territory and all persons under their control entails an obligation not to extradite, deport, expel or otherwise remove a person from their territory, where there are substantial grounds for believing that there is a real risk of irreparable harm, such as that contemplated by articles 6 and 7 of the Covenant, either in the country to which removal is to be effected or in any country to which the person may subsequently be removed. The relevant judicial and administrative authorities should be made aware of the need to ensure compliance with the Covenant obligations in such matters.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0013","docId":"ccpr-c-21-rev-1-add-13","idx":13,"n":13,"text":"13. Article 2, paragraph 2, requires that States Parties take the necessary steps to give effect to the Covenant rights in the domestic order. It follows that, unless Covenant rights are already protected by their domestic laws or practices, States Parties are required on ratification to make such changes to domestic laws and practices as are necessary to ensure their conformity with the Covenant. Where there are inconsistencies between domestic law and the Covenant, article 2 requires that the domestic law or practice be changed to meet the standards imposed by the Covenant’s substantive guarantees. Article 2 allows a State Party to pursue this in accordance with its own domestic constitutional structure and accordingly does not require that the Covenant be directly applicable in the courts, by incorporation of the Covenant into national law. The Committee takes the view, however, that Covenant guarantees may receive enhanced protection in those States where the Covenant is automatically or through specific incorporation part of the domestic legal order. The Committee invites those States Parties in which the Covenant does not form part of the domestic legal order to consider incorporation of the Covenant to render it part of domestic law to facilitate full realization of Covenant rights as required by article 2.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0014","docId":"ccpr-c-21-rev-1-add-13","idx":14,"n":14,"text":"14. The requirement under article 2, paragraph 2, to take steps to give effect to the Covenant rights is unqualified and of immediate effect. A failure to comply with this obligation cannot be justified by reference to political, social, cultural or economic considerations within the State.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0015","docId":"ccpr-c-21-rev-1-add-13","idx":15,"n":15,"text":"15. Article 2, paragraph 3, requires that in addition to effective protection of Covenant rights States Parties must ensure that individuals also have accessible and effective remedies to vindicate those rights. Such remedies should be appropriately adapted so as to take account of the special vulnerability of certain categories of person, including in particular children. The Committee attaches importance to States Parties’ establishing appropriate judicial and administrative mechanisms for addressing claims of rights violations under domestic law. The Committee notes that the enjoyment of the rights recognized under the Covenant can be effectively assured by the judiciary in many different ways, including direct applicability of the Covenant, application of comparable constitutional or other provisions of law, or the interpretive effect of the Covenant in the application of national law. Administrative mechanisms are particularly required to give effect to the general obligation to investigate allegations of violations promptly, thoroughly and effectively through independent and impartial bodies. National human rights institutions, endowed with appropriate powers, can contribute to this end. A failure by a State Party to investigate allegations of violations could in and of itself give rise to a separate breach of the Covenant. Cessation of an ongoing violation is an essential element of the right to an effective remedy.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0016","docId":"ccpr-c-21-rev-1-add-13","idx":16,"n":16,"text":"16. Article 2, paragraph 3, requires that States Parties make reparation to individuals whose Covenant rights have been violated. Without reparation to individuals whose Covenant rights have been violated, the obligation to provide an effective remedy, which is central to the efficacy of article 2, paragraph 3, is not discharged. In addition to the explicit reparation required by articles 9, paragraph 5, and 14, paragraph 6, the Committee considers that the Covenant generally entails appropriate compensation. The Committee notes that, where appropriate, reparation can involve restitution, rehabilitation and measures of satisfaction, such as public apologies, public memorials, guarantees of non-repetition and changes in relevant laws and practices, as well as bringing to justice the perpetrators of human rights violations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0017","docId":"ccpr-c-21-rev-1-add-13","idx":17,"n":17,"text":"17. In general, the purposes of the Covenant would be defeated without an obligation integral to article 2 to take measures to prevent a recurrence of a violation of the Covenant. Accordingly, it has been a frequent practice of the Committee in cases under the Optional Protocol to include in its Views the need for measures, beyond a victim-specific remedy, to be taken to avoid recurrence of the type of violation in question. Such measures may require changes in the State Party’s laws or practices.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"article":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the purposes of the Covenant would be defeated without an obligation integral to article 2 to take measures to prevent a recurrence' — ICCPR art.2. The Optional Protocol mention is procedural context only."}]},{"id":"ccpr-c-21-rev-1-add-13-0018","docId":"ccpr-c-21-rev-1-add-13","idx":18,"n":18,"text":"18. Where the investigations referred to in paragraph 15 reveal violations of certain Covenant rights, States Parties must ensure that those responsible are brought to justice. As with failure to investigate, failure to bring to justice perpetrators of such violations could in and of itself give rise to a separate breach of the Covenant. These obligations arise notably in respect of those violations recognized as criminal under either domestic or international law, such as torture and similar cruel, inhuman and degrading treatment (article 7), summary and arbitrary killing (article 6) and enforced disappearance (articles 7 and 9 and, frequently, 6). Indeed, the problem of impunity for these violations, a matter of sustained concern by the Committee, may well be an important contributing element in the recurrence of the violations. When committed as part of a widespread or systematic attack on a civilian population, these violations of the Covenant are crimes against humanity (see Rome Statute of the International Criminal Court, article 7).","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-21-rev-1-add-13-0019","docId":"ccpr-c-21-rev-1-add-13","idx":19,"n":19,"text":"19. The Committee further takes the view that the right to an effective remedy may in certain circumstances require States Parties to provide for and implement provisional or interim measures to avoid continuing violations and to endeavour to repair at the earliest possible opportunity any harm that may have been caused by such violations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004},{"id":"ccpr-c-21-rev-1-add-13-0020","docId":"ccpr-c-21-rev-1-add-13","idx":20,"n":20,"text":"20. Even when the legal systems of States parties are formally endowed with the appropriate remedy, violations of Covenant rights still take place. This is presumably attributable to the failure of the remedies to function effectively in practice. Accordingly, States parties are requested to provide information on the obstacles to the effectiveness of existing remedies in their periodic reports.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2004},{"id":"ccpr-c-gc-32-0001","docId":"ccpr-c-gc-32","idx":1,"n":1,"text":"This general comment replaces general comment No. 13 (twenty-first session).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["I. GENERAL REMARKS"]},{"id":"ccpr-c-gc-32-0002","docId":"ccpr-c-gc-32","idx":2,"n":2,"text":"The right to equality before the courts and tribunals and to a fair trial is a key element of human rights protection and serves as a procedural means to safeguard the rule of law. Article 14 of the Covenant aims at ensuring the proper administration of justice, and to this end guarantees a series of specific rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["I. GENERAL REMARKS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0003","docId":"ccpr-c-gc-32","idx":3,"n":3,"text":"Article 14 is of a particularly complex nature, combining various guarantees with different scopes of application. The first sentence of paragraph 1 sets out a general guarantee of equality before courts and tribunals that applies regardless of the nature of proceedings before such bodies. The second sentence of the same paragraph entitles individuals to a fair and public hearing by a competent, independent and impartial tribunal established by law, if they face any criminal charges or if their rights and obligations are determined in a suit at law. In such proceedings the media and the public may be excluded from the hearing only in the cases specified in the third sentence of paragraph 1. Paragraphs 2 – 5 of the article contain procedural guarantees available to persons charged with a criminal offence. Paragraph 6 secures a substantive right to compensation in cases of miscarriage of justice in criminal cases. Paragraph 7 prohibits double jeopardy and thus guarantees a substantive freedom, namely the right to remain free from being tried or punished again for an offence for which an individual has already been finally convicted or acquitted. States parties to the Covenant, in their reports, should clearly distinguish between these different aspects of the right to a fair trial.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["I. GENERAL REMARKS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0004","docId":"ccpr-c-gc-32","idx":4,"n":4,"text":"Article 14 contains guarantees that States parties must respect, regardless of their legal traditions and their domestic law. While they should report on how these guarantees are interpreted in relation to their respective legal systems, the Committee notes that it cannot be left to the sole discretion of domestic law to determine the essential content of Covenant guarantees.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["I. GENERAL REMARKS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0005","docId":"ccpr-c-gc-32","idx":5,"n":5,"text":"While reservations to particular clauses of article 14 may be acceptable, a general reservation to the right to a fair trial would be incompatible with the object and purpose of the Covenant.[[fn:1]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":1,"text":"General comment, No. 24 (1994) on issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant, para. 8."}],"section":["I. GENERAL REMARKS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0006","docId":"ccpr-c-gc-32","idx":6,"n":6,"text":"While article 14 is not included in the list of non-derogable rights of article 4, paragraph 2 of the Covenant, States derogating from normal procedures required under article 14 in circumstances of a public emergency should ensure that such derogations do not exceed those strictly required by the exigencies of the actual situation. The guarantees of fair trial may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights. Thus, for example, as article 6 of the Covenant is non-derogable in its entirety, any trial leading to the imposition of the death penalty during a state of emergency must conform to the provisions of the Covenant, including all the requirements of article 14.[[fn:2]] Similarly, as article 7 is also non-derogable in its entirety, no statements or confessions or, in principle, other evidence obtained in violation of this provision may be invoked as evidence in any proceedings covered by article 14, including during a state of emergency,[[fn:3]] except if a statement or confession obtained in violation of article 7 is used as evidence that torture or other treatment prohibited by this provision occurred.[[fn:4]] Deviating from fundamental principles of fair trial, including the presumption of innocence, is prohibited at all times.[[fn:5]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":2,"text":"General comment No. 29 (2001) on article 4: Derogations during a state of emergency, para. 15."},{"n":3,"text":"Ibid, paras. 7 and 15.","isIbid":true,"resolvedText":"General comment No. 29 (2001) on article 4: Derogations during a state of emergency, para. 15."},{"n":4,"text":"Cf. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, article 15."},{"n":5,"text":"General comment No. 29 (2001) on article 4: Derogations during a state of emergency, para. 11."}],"section":["I. GENERAL REMARKS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-32-0007","docId":"ccpr-c-gc-32","idx":7,"n":7,"text":"The first sentence of article 14, paragraph 1 guarantees in general terms the right to equality before courts and tribunals. This guarantee not only applies to courts and tribunals addressed in the second sentence of this paragraph of article 14, but must also be respected whenever domestic law entrusts a judicial body with a judicial task.[[fn:6]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":6,"text":"Communication No. 1015/2001, Perterer v. Austria, para. 9.2 (disciplinary proceedings against a civil servant); Communication No. 961/2000, Everett v. Spain, para. 6.4 (extradition)."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0008","docId":"ccpr-c-gc-32","idx":8,"n":8,"text":"The right to equality before courts and tribunals, in general terms, guarantees, in addition to the principles mentioned in the second sentence of Article 14, paragraph 1, those of equal access and equality of arms, and ensures that the parties to the proceedings in question are treated without any discrimination.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0009","docId":"ccpr-c-gc-32","idx":9,"n":9,"text":"Article 14 encompasses the right of access to the courts in cases of determination of criminal charges and rights and obligations in a suit at law. Access to administration of justice must effectively be guaranteed in all such cases to ensure that no individual is deprived, in CCPR/C/GC/32 Page 3 procedural terms, of his/her right to claim justice. The right of access to courts and tribunals and equality before them is not limited to citizens of States parties, but must also be available to all individuals, regardless of nationality or statelessness, or whatever their status, whether asylum seekers, refugees, migrant workers, unaccompanied children or other persons, who may find themselves in the territory or subject to the jurisdiction of the State party. A situation in which an individual’s attempts to access the competent courts or tribunals are systematically frustrated de jure or de facto runs counter to the guarantee of article 14, paragraph 1, first sentence.[[fn:7]] This guarantee also prohibits any distinctions regarding access to courts and tribunals that are not based on law and cannot be justified on objective and reasonable grounds. The guarantee is violated if certain persons are barred from bringing suit against any other persons such as by reason of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.[[fn:8]]","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":7,"text":"Communication No. 468/1991, Oló Bahamonde v. Equatorial Guinea, para. 9.4."},{"n":8,"text":"Communication No. 202/1986, Ato del Avellanal v. Peru, para. 10.2 (limitation of the right to represent matrimonial property before courts to the husband, thus excluding married women from suing in court). See also general comment No. 18 (1989) on non-discrimination, para. 7."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0010","docId":"ccpr-c-gc-32","idx":10,"n":10,"text":"The availability or absence of legal assistance often determines whether or not a person can access the relevant proceedings or participate in them in a meaningful way. While article 14 explicitly addresses the guarantee of legal assistance in criminal proceedings in paragraph 3 (d), States are encouraged to provide free legal aid in other cases, for individuals who do not have sufficient means to pay for it. In some cases, they may even be obliged to do so. For instance, where a person sentenced to death seeks available constitutional review of irregularities in a criminal trial but does not have sufficient means to meet the costs of legal assistance in order to pursue such remedy, the State is obliged to provide legal assistance in accordance with article 14, paragraph 1, in conjunction with the right to an effective remedy as enshrined in article 2, paragraph 3 of the Covenant.[[fn:9]]","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":9,"text":"Communications No. 377/1989, Currie v. Jamaica, para. 13.4; No. 704/1996, Shaw v. Jamaica, para. 7.6; No. 707/1996, Taylor v. Jamaica, para. 8.2; No. 752/1997, Henry v. Trinidad and Tobago, para. 7.6; No. 845/1998, Kennedy v. Trinidad and Tobago, para. 7.10."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-gc-32-0011","docId":"ccpr-c-gc-32","idx":11,"n":11,"text":"Similarly, the imposition of fees on the parties to proceedings that would de facto prevent their access to justice might give rise to issues under article 14, paragraph 1.[[fn:10]] In particular, a rigid duty under law to award costs to a winning party without consideration of the implications thereof or without providing legal aid may have a deterrent effect on the ability of persons to pursue the vindication of their rights under the Covenant in proceedings available to them.[[fn:11]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":10,"text":"Communication No. 646/1995, Lindon v. Australia, para. 6.4."},{"n":11,"text":"Communication No. 779/1997, Äärelä and Näkkäläjärvi v. Finland, para. 7.2."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0012","docId":"ccpr-c-gc-32","idx":12,"n":12,"text":"The right of equal access to a court, embodied in article 14, paragraph 1, concerns access to first instance procedures and does not address the issue of the right to appeal or other remedies.[[fn:12]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":12,"text":"Communication No. 450/1991, I.P. v. Finland, para. 6.2."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0013","docId":"ccpr-c-gc-32","idx":13,"n":13,"text":"The right to equality before courts and tribunals also ensures equality of arms. This means that the same procedural rights are to be provided to all the parties unless distinctions are based on law and can be justified on objective and reasonable grounds, not entailing actual disadvantage or other unfairness to the defendant.[[fn:13]] There is no equality of arms if, for instance, only the prosecutor, but not the defendant, is allowed to appeal a certain decision.[[fn:14]] The principle of equality between parties applies also to civil proceedings, and demands, inter alia, that each side be given the opportunity to contest all the arguments and evidence adduced by the other party.[[fn:15]] In exceptional cases, it also might require that the free assistance of an interpreter be provided where otherwise an indigent party could not participate in the proceedings on equal terms or witnesses produced by it be examined.","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":13,"text":"Communication No. 1347/2005, Dudko v. Australia, para. 7.4."},{"n":14,"text":"Communication No. 1086/2002, Weiss v. Austria, para. 9.6. For another example of a violation of the principle of equality of arms see Communication No. 223/1987, Robinson v. Jamaica, para. 10.4 (adjournment of hearing)."},{"n":15,"text":"Communication No. 846/1999, Jansen-Gielen v. The Netherlands, para. 8.2 and No. 779/1997, Äärelä and Näkkäläjärvi v. Finland, para. 7.4."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"]},{"id":"ccpr-c-gc-32-0014","docId":"ccpr-c-gc-32","idx":14,"n":14,"text":"Equality before courts and tribunals also requires that similar cases are dealt with in similar proceedings. If, for example, exceptional criminal procedures or specially constituted courts or tribunals apply in the determination of certain categories of cases,[[fn:16]] objective and reasonable grounds must be provided to justify the distinction.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":16,"text":"E.g. if jury trials are excluded for certain categories of offenders (see concluding observations, United Kingdom of Great Britain and Northern Ireland, CCPR/CO/73/UK (2001), para. 18) or offences."}],"section":["II. EQUALITY BEFORE COURTS AND TRIBUNALS"]},{"id":"ccpr-c-gc-32-0015","docId":"ccpr-c-gc-32","idx":15,"n":15,"text":"The right to a fair and public hearing by a competent, independent and impartial tribunal established by law is guaranteed, according to the second sentence of article 14, paragraph 1, in cases regarding the determination of criminal charges against individuals or of their rights and obligations in a suit at law. Criminal charges relate in principle to acts declared to be punishable under domestic criminal law. The notion may also extend to acts that are criminal in nature with sanctions that, regardless of their qualification in domestic law, must be regarded as penal because of their purpose, character or severity.[[fn:17]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":17,"text":"Communication No. 1015/2001, Perterer v. Austria, para. 9.2."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0016","docId":"ccpr-c-gc-32","idx":16,"n":16,"text":"The concept of determination of rights and obligations “in a suit at law” (de caractère civil/de carácter civil) is more complex. It is formulated differently in the various languages of the Covenant that, according to article 53 of the Covenant, are equally authentic, and the travaux préparatoires do not resolve the discrepancies in the various language texts. The Committee notes that the concept of a “suit at law” or its equivalents in other language texts is based on the nature of the right in question rather than on the status of one of the parties or the particular forum provided by domestic legal systems for the determination of particular rights.[[fn:18]] The concept encompasses (a) judicial procedures aimed at determining rights and obligations pertaining to the areas of contract, property and torts in the area of private law, as well as (b) equivalent notions in the area of administrative law such as the termination of employment of civil servants for other than disciplinary reasons,[[fn:19]] the determination of social security benefits[[fn:20]] or the pension rights of soldiers,[[fn:21]] or procedures regarding the use of public land[[fn:22]] or the taking CCPR/C/GC/32 Page 5 of private property. In addition, it may (c) cover other procedures which, however, must be assessed on a case by case basis in the light of the nature of the right in question.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":18,"text":"Communication No. 112/1981, Y.L. v. Canada, paras. 9.1 and 9.2."},{"n":19,"text":"Communication No. 441/1990, Casanovas v. France, para. 5.2."},{"n":20,"text":"Communication No. 454/1991, Garcia Pons v. Spain, para. 9.3"},{"n":21,"text":"Communication No. 112/1981, Y.L. v. Canada, para. 9.3."},{"n":22,"text":"Communication No. 779/1997, Äärelä and Näkkäläjätvi v. Finland, paras. 7.2 – 7.4."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"53","source":"regex"}]},{"id":"ccpr-c-gc-32-0017","docId":"ccpr-c-gc-32","idx":17,"n":17,"text":"On the other hand, the right to access a court or tribunal as provided for by article 14, paragraph 1, second sentence, does not apply where domestic law does not grant any entitlement to the person concerned. For this reason, the Committee held this provision to be inapplicable in cases where domestic law did not confer any right to be promoted to a higher position in the civil service,[[fn:23]] to be appointed as a judge[[fn:24]] or to have a death sentence commuted by an executive body.[[fn:25]] Furthermore, there is no determination of rights and obligations in a suit at law where the persons concerned are confronted with measures taken against them in their capacity as persons subordinated to a high degree of administrative control, such as disciplinary measures not amounting to penal sanctions being taken against a civil servant,[[fn:26]] a member of the armed forces, or a prisoner. This guarantee furthermore does not apply to extradition, expulsion and deportation procedures.[[fn:27]] Although there is no right of access to a court or tribunal as provided for by article 14, paragraph 1, second sentence, in these and similar cases, other procedural guarantees may still apply.[[fn:28]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":23,"text":"Communication No. 837/1998, Kolanowski v. Poland, para. 6.4."},{"n":24,"text":"Communications No. 972/2001, Kazantzis v. Cyprus, para. 6.5; No. 943/2000, Jacobs v. Belgium, para. 8.7, and No. 1396/2005, Rivera Fernández v. Spain, para. 6.3."},{"n":25,"text":"Communication No. 845/1998, Kennedy v. Trinidad and Tobago, para. 7.4."},{"n":26,"text":"Communication No. 1015/2001, Perterer v. Austria, para. 9.2 (disciplinary dismissal)."},{"n":27,"text":"Communications No. 1341/2005, Zundel v. Canada, para. 6.8, No. 1359/2005, Esposito v. Spain, para. 7.6."},{"n":28,"text":"See para. 62 below."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0018","docId":"ccpr-c-gc-32","idx":18,"n":18,"text":"The notion of a “tribunal” in article 14, paragraph 1 designates a body, regardless of its denomination, that is established by law, is independent of the executive and legislative branches of government or enjoys in specific cases judicial independence in deciding legal matters in proceedings that are judicial in nature. Article 14, paragraph 1, second sentence, guarantees access to such tribunals to all who have criminal charges brought against them. This right cannot be limited, and any criminal conviction by a body not constituting a tribunal is incompatible with this provision. Similarly, whenever rights and obligations in a suit at law are determined, this must be done at least at one stage of the proceedings by a tribunal within the meaning of this sentence. The failure of a State party to establish a competent tribunal to determine such rights and obligations or to allow access to such a tribunal in specific cases would amount to a violation of article 14 if such limitations are not based on domestic legislation, are not necessary to pursue legitimate aims such as the proper administration of justice, or are based on exceptions from jurisdiction deriving from international law such, for example, as immunities, or if the access left to an individual would be limited to an extent that would undermine the very essence of the right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0019","docId":"ccpr-c-gc-32","idx":19,"n":19,"text":"The requirement of competence, independence and impartiality of a tribunal in the sense of article 14, paragraph 1, is an absolute right that is not subject to any exception.[[fn:29]] The requirement of independence refers, in particular, to the procedure and qualifications for the appointment of judges, and guarantees relating to their security of tenure until a mandatory retirement age or the expiry of their term of office, where such exist the conditions governing promotion, transfer, suspension and cessation of their functions, and the actual independence of the judiciary from political interference by the executive branch and legislature. States should take specific measures guaranteeing the independence of the judiciary, protecting judges from any form of political influence in their decision-making through the constitution or adoption of laws establishing clear procedures and objective criteria for the appointment, remuneration, tenure, promotion, suspension and dismissal of the members of the judiciary and disciplinary sanctions taken against them.[[fn:30]] A situation where the functions and competencies of the judiciary and the executive are not clearly distinguishable or where the latter is able to control or direct the former is incompatible with the notion of an independent tribunal.[[fn:31]] It is necessary to protect judges against conflicts of interest and intimidation. In order to safeguard their independence, the status of judges, including their term of office, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":29,"text":"Communication No. 263/1987, Gonzalez del Rio v. Peru, para. 5.2."},{"n":30,"text":"Concluding observations, Slovakia, CCPR/C/79/Add.79 (1997), para. 18."},{"n":31,"text":"Communication No. 468/1991, Oló Bahamonde v. Equatorial Guinea, para. 9.4."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0020","docId":"ccpr-c-gc-32","idx":20,"n":20,"text":"Judges may be dismissed only on serious grounds of misconduct or incompetence, in accordance with fair procedures ensuring objectivity and impartiality set out in the constitution or the law. The dismissal of judges by the executive, e.g. before the expiry of the term for which they have been appointed, without any specific reasons given to them and without effective judicial protection being available to contest the dismissal is incompatible with the independence of the judiciary.[[fn:32]] The same is true, for instance, for the dismissal by the executive of judges alleged to be corrupt, without following any of the procedures provided for by the law.[[fn:33]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":32,"text":"Communication No. 814/1998, Pastukhov v. Belarus, para. 7.3."},{"n":33,"text":"Communication No. 933/2000, Mundyo Busyo et al v. Democratic Republic of Congo, para. 5.2."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"]},{"id":"ccpr-c-gc-32-0021","docId":"ccpr-c-gc-32","idx":21,"n":21,"text":"The requirement of impartiality has two aspects. First, judges must not allow their judgement to be influenced by personal bias or prejudice, nor harbour preconceptions about the particular case before them, nor act in ways that improperly promote the interests of one of the parties to the detriment of the other.[[fn:34]] Second, the tribunal must also appear to a reasonable observer to be impartial. For instance, a trial substantially affected by the participation of a judge who, under domestic statutes, should have been disqualified cannot normally be considered to be impartial.[[fn:35]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":34,"text":"Communication No. 387/1989, Karttunen v. Finland, para. 7.2."},{"n":35,"text":"Idem.","isIbid":true,"resolvedText":"Communication No. 387/1989, Karttunen v. Finland, para. 7.2."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"]},{"id":"ccpr-c-gc-32-0022","docId":"ccpr-c-gc-32","idx":22,"n":22,"text":"The provisions of article 14 apply to all courts and tribunals within the scope of that article whether ordinary or specialized, civilian or military. The Committee notes the existence, in many countries, of military or special courts which try civilians. While the Covenant does not prohibit the trial of civilians in military or special courts, it requires that such trials are in full conformity with the requirements of article 14 and that its guarantees cannot be limited or modified because of the military or special character of the court concerned. The Committee also notes that the trial of civilians in military or special courts may raise serious problems as far as the equitable, impartial and independent administration of justice is concerned. Therefore, it is important to take all necessary measures to ensure that such trials take place under conditions which genuinely afford the full guarantees stipulated in article 14. Trials of civilians by military or special courts should be exceptional,[[fn:36]] i.e. limited to cases where the State party can show that resorting to such trials is necessary and justified by objective and serious reasons, and where CCPR/C/GC/32 Page 7 with regard to the specific class of individuals and offences at issue the regular civilian courts are unable to undertake the trials.[[fn:37]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":36,"text":"Also see Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, art. 64 and general comment No. 31 (2004) on the Nature of the General Legal Obligation Imposed on States Parties to the Covenant, para. 11."},{"n":37,"text":"See communication No. 1172/2003, Madani v. Algeria, para. 8.7."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0023","docId":"ccpr-c-gc-32","idx":23,"n":23,"text":"Some countries have resorted to special tribunals of “faceless judges” composed of anonymous judges, e.g. within measures taken to fight terrorist activities. Such courts, even if the identity and status of such judges has been verified by an independent authority, often suffer not only from the fact that the identity and status of the judges is not made known to the accused persons but also from irregularities such as exclusion of the public or even the accused or their representatives[[fn:38]] from the proceedings;[[fn:39]] restrictions of the right to a lawyer of their own choice;[[fn:40]] severe restrictions or denial of the right to communicate with their lawyers, particularly when held incommunicado;[[fn:41]] threats to the lawyers;[[fn:42]] inadequate time for preparation of the case;[[fn:43]] or severe restrictions or denial of the right to summon and examine or have examined witnesses, including prohibitions on cross-examining certain categories of witnesses, e.g. police officers responsible for the arrest and interrogation of the defendant.[[fn:44]] Tribunals with or without faceless judges, in circumstances such as these, do not satisfy basic standards of fair trial and, in particular, the requirement that the tribunal must be independent and impartial.[[fn:45]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":38,"text":"Communication No. 1298/2004, Becerra Barney v. Colombia, para.7.2."},{"n":39,"text":"Communications No. 577/1994, Polay Campos v. Peru, para. 8.8; No. 678/1996, Gutiérrez Vivanco v. Peru, para. 7.1; No. 1126/2002, Carranza Alegre v. Peru, para. 7.5."},{"n":40,"text":"Communication No. 678/1996, Gutiérrez Vivanco v. Peru, para. 7.1."},{"n":41,"text":"Communication No.577/1994, Polay Campos v. Peru, para. 8.8; Communication No. 1126/2002, Carranza Alegre v. Peru, para.7.5."},{"n":42,"text":"Communication No. 1058/2002, Vargas Mas v. Peru, para. 6.4."},{"n":43,"text":"Communication No. 1125/2002, Quispe Roque v. Peru, para. 7.3."},{"n":44,"text":"Communication No. 678/1996, Gutiérrez Vivanco v. Peru, para. 7.1; Communication No. 1126/2002, Carranza Alegre v. Peru, para.7.5; Communication No. 1125/2002, Quispe Roque v. Peru, para. 7.3; Communication No. 1058/2002, Vargas Mas v. Peru, para. 6.4."},{"n":45,"text":"Communications No. 577/1994, Polay Campos v. Peru, para. 8.8 ; No. 678/1996, Gutiérrez Vivanco v. Peru, para. 7.1."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"]},{"id":"ccpr-c-gc-32-0024","docId":"ccpr-c-gc-32","idx":24,"n":24,"text":"Article 14 is also relevant where a State, in its legal order, recognizes courts based on customary law, or religious courts, to carry out or entrusts them with judicial tasks. It must be ensured that such courts cannot hand down binding judgments recognized by the State, unless the following requirements are met: proceedings before such courts are limited to minor civil and criminal matters, meet the basic requirements of fair trial and other relevant guarantees of the Covenant, and their judgments are validated by State courts in light of the guarantees set out in the Covenant and can be challenged by the parties concerned in a procedure meeting the requirements of article 14 of the Covenant. These principles are notwithstanding the general obligation of the State to protect the rights under the Covenant of any persons affected by the operation of customary and religious courts.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0025","docId":"ccpr-c-gc-32","idx":25,"n":25,"text":"The notion of fair trial includes the guarantee of a fair and public hearing. Fairness of proceedings entails the absence of any direct or indirect influence, pressure or intimidation or intrusion from whatever side and for whatever motive. A hearing is not fair if, for instance, the defendant in criminal proceedings is faced with the expression of a hostile attitude from the public or support for one party in the courtroom that is tolerated by the court, thereby impinging on the right to defence,[[fn:46]] or is exposed to other manifestations of hostility with similar effects. Expressions of racist attitudes by a jury[[fn:47]] that are tolerated by the tribunal, or a racially biased jury selection are other instances which adversely affect the fairness of the procedure.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":46,"text":"Communication No. 770/1997, Gridin v. Russian Federation, para. 8.2."},{"n":47,"text":"See Committee on the Elimination of Racial Discrimination, communication No. 3/1991, Narrainen v. Norway, para. 9.3."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"]},{"id":"ccpr-c-gc-32-0026","docId":"ccpr-c-gc-32","idx":26,"n":26,"text":"Article 14 guarantees procedural equality and fairness only and cannot be interpreted as ensuring the absence of error on the part of the competent tribunal.[[fn:48]] It is generally for the courts of States parties to the Covenant to review facts and evidence, or the application of domestic legislation, in a particular case, unless it can be shown that such evaluation or application was clearly arbitrary or amounted to a manifest error or denial of justice, or that the court otherwise violated its obligation of independence and impartiality.[[fn:49]] The same standard applies to specific instructions to the jury by the judge in a trial by jury.[[fn:50]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":48,"text":"Communications No. 273/1988, B.d.B. v. The Netherlands, para. 6.3; No. 1097/2002, Martínez Mercader et al v. Spain, para. 6.3."},{"n":49,"text":"Communication No. 1188/2003, Riedl-Riedenstein et al. v. Germany, para. 7.3; No. 886/1999, Bondarenko v. Belarus, para. 9.3; No. 1138/2002, Arenz et al. v. Germany, admissibility decision, para. 8.6."},{"n":50,"text":"Communication No. 253/1987, Kelly v. Jamaica, para. 5.13; No. 349/1989, Wright v. Jamaica, para. 8.3."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0027","docId":"ccpr-c-gc-32","idx":27,"n":27,"text":"An important aspect of the fairness of a hearing is its expeditiousness. While the issue of undue delays in criminal proceedings is explicitly addressed in paragraph 3 (c) of article 14, delays in civil proceedings that cannot be justified by the complexity of the case or the behaviour of the parties detract from the principle of a fair hearing enshrined in paragraph 1 of this provision.[[fn:51]] Where such delays are caused by a lack of resources and chronic under-funding, to the extent possible supplementary budgetary resources should be allocated for the administration of justice.[[fn:52]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":51,"text":"Communication No. 203/1986, Mũnoz Hermoza v. Peru, para. 11.3 ; No. 514/1992, Fei v. Colombia, para. 8.4 ."},{"n":52,"text":"See e.g. Concluding observations, Democratic Republic of Congo, CCPR/C/COD/CO/3 (2006), para. 21, Central African Republic, CCPR//C/CAF/CO/2 (2006), para. 16."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0028","docId":"ccpr-c-gc-32","idx":28,"n":28,"text":"All trials in criminal matters or related to a suit at law must in principle be conducted orally and publicly. The publicity of hearings ensures the transparency of proceedings and thus provides an important safeguard for the interest of the individual and of society at large. Courts must make information regarding the time and venue of the oral hearings available to the public and provide for adequate facilities for the attendance of interested members of the public, within reasonable limits, taking into account, inter alia, the potential interest in the case and the duration of the oral hearing.[[fn:53]] The requirement of a public hearing does not necessarily apply to all appellate proceedings which may take place on the basis of written presentations,[[fn:54]] or to pre-trial decisions made by prosecutors and other public authorities.[[fn:55]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":53,"text":"Communication No. 215/1986, Van Meurs v. The Netherlands, para. 6.2."},{"n":54,"text":"Communication No. 301/1988, R.M. v. Finland, para. 6.4."},{"n":55,"text":"Communication No. 819/1998, Kavanagh v. Ireland, para. 10.4."}],"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"]},{"id":"ccpr-c-gc-32-0029","docId":"ccpr-c-gc-32","idx":29,"n":29,"text":"Article 14, paragraph 1, acknowledges that courts have the power to exclude all or part of the public for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would be prejudicial to the interests of justice. Apart from such exceptional circumstances, a hearing must be open to the general public, including members of the media, and must not, for CCPR/C/GC/32 Page 9 instance, be limited to a particular category of persons. Even in cases in which the public is excluded from the trial, the judgment, including the essential findings, evidence and legal reasoning must be made public, except where the interest of juvenile persons otherwise requires, or the proceedings concern matrimonial disputes or the guardianship of children.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["III. FAIR AND PUBLIC HEARING BY A COMPETENT, INDEPENDENT AND IMPARTIAL TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0030","docId":"ccpr-c-gc-32","idx":30,"n":30,"text":"According to article 14, paragraph 2 everyone charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to law. The presumption of innocence, which is fundamental to the protection of human rights, imposes on the prosecution the burden of proving the charge, guarantees that no guilt can be presumed until the charge has been proved beyond reasonable doubt, ensures that the accused has the benefit of doubt, and requires that persons accused of a criminal act must be treated in accordance with this principle. It is a duty for all public authorities to refrain from prejudging the outcome of a trial, e.g. by abstaining from making public statements affirming the guilt of the accused.[[fn:56]] Defendants should normally not be shackled or kept in cages during trials or otherwise presented to the court in a manner indicating that they may be dangerous criminals. The media should avoid news coverage undermining the presumption of innocence. Furthermore, the length of pre-trial detention should never be taken as an indication of guilt and its degree.[[fn:57]] The denial of bail[[fn:58]] or findings of liability in civil proceedings[[fn:59]] do not affect the presumption of innocence.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":56,"text":"Communication No. 770/1997, Gridin v. Russian Federation, paras. 3.5 and 8.3."},{"n":57,"text":"On the relationship between article 14, paragraph 2 and article 9 of the Covenant (pre-trial detention) see, e.g. concluding observations, Italy, CCPR/C/ITA/CO/5 (2006), para. 14 and Argentina, CCPR/CO/70/ARG (2000), para. 10."},{"n":58,"text":"Communication No. 788/1997, Cagas, Butin and Astillero v. Philippines, para. 7.3."},{"n":59,"text":"Communication No. 207/1986, Morael v. France, para. 9.5; No. 408/1990, W.J.H. v. The Netherlands, para. 6.2; No. 432/1990, W.B.E. v. The Netherlands, para. 6.6."}],"section":["IV. PRESUMPTION OF INNOCENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0031","docId":"ccpr-c-gc-32","idx":31,"n":31,"text":"The right of all persons charged with a criminal offence to be informed promptly and in detail in a language which they understand of the nature and cause of criminal charges brought against them, enshrined in paragraph 3 (a), is the first of the minimum guarantees in criminal proceedings of article 14. This guarantee applies to all cases of criminal charges, including those of persons not in detention, but not to criminal investigations preceding the laying of charges.[[fn:60]] Notice of the reasons for an arrest is separately guaranteed in article 9, paragraph 2 of the Covenant.[[fn:61]] The right to be informed of the charge “promptly” requires that information be given as soon as the person concerned is formally charged with a criminal offence under domestic law,[[fn:62]] or the individual is publicly named as such. The specific requirements of subparagraph 3 (a) may be met by stating the charge either orally - if later confirmed in writing - or in writing, provided that the information indicates both the law and the alleged general facts on which the charge is based. In the case of trials in absentia, article 14, paragraph 3 (a) requires that, notwithstanding the absence of the accused, all due steps have been taken to inform accused persons of the charges and to notify them of the proceedings.[[fn:63]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":60,"text":"Communication No. 1056/2002, Khachatrian v. Armenia, para. 6.4."},{"n":61,"text":"Communication No. 253/1987, Kelly v. Jamaica, para. 5.8."},{"n":62,"text":"Communications No. 1128/2002, Márques de Morais v. Angola, para. 5.4 and 253/1987, Kelly v. Jamaica, para. 5.8."},{"n":63,"text":"Communication No. 16/1977, Mbenge v. Zaire, para. 14.1."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0032","docId":"ccpr-c-gc-32","idx":32,"n":32,"text":"Subparagraph 3 (b) provides that accused persons must have adequate time and facilities for the preparation of their defence and to communicate with counsel of their own choosing. This provision is an important element of the guarantee of a fair trial and an application of the principle of equality of arms.[[fn:64]] In cases of an indigent defendant, communication with counsel might only be assured if a free interpreter is provided during the pre-trial and trial phase.[[fn:65]] What counts as “adequate time” depends on the circumstances of each case. If counsel reasonably feel that the time for the preparation of the defence is insufficient, it is incumbent on them to request the adjournment of the trial.[[fn:66]] A State party is not to be held responsible for the conduct of a defence lawyer, unless it was, or should have been, manifest to the judge that the lawyer’s behaviour was incompatible with the interests of justice.[[fn:67]] There is an obligation to grant reasonable requests for adjournment, in particular, when the accused is charged with a serious criminal offence and additional time for preparation of the defence is needed.[[fn:68]]","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":64,"text":"Communications No. 282/1988, Smith v. Jamaica , para. 10.4; Nos. 226/1987 and 256/1987, Sawyers, Mclean and Mclean v. Jamaica, para. 13.6."},{"n":65,"text":"See communication No. 451/1991, Harward v. Norway, para. 9.5."},{"n":66,"text":"Communication No. 1128/2002, Morais v. Angola, para. 5.6. Similarly Communications No. 349/1989, Wright v. Jamaica, para. 8.4; No. 272/1988, Thomas v. Jamaica, para. 11.4; No. 230/87, Henry v. Jamaica, para. 8.2; Nos. 226/1987 and 256/1987, Sawyers, Mclean and Mclean v. Jamaica, para. 13.6."},{"n":67,"text":"Communication No. 1128/2002, Márques de Morais v. Angola, para. 5.4."},{"n":68,"text":"Communications No. 913/2000, Chan v. Guyana, para. 6.3; No. 594/1992, Phillip v. Trinidad and Tobago, para. 7.2."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"]},{"id":"ccpr-c-gc-32-0033","docId":"ccpr-c-gc-32","idx":33,"n":33,"text":"“Adequate facilities” must include access to documents and other evidence; this access must include all materials[[fn:69]] that the prosecution plans to offer in court against the accused or that are exculpatory. Exculpatory material should be understood as including not only material establishing innocence but also other evidence that could assist the defence (e.g. indications that a confession was not voluntary). In cases of a claim that evidence was obtained in violation of article 7 of the Covenant, information about the circumstances in which such evidence was obtained must be made available to allow an assessment of such a claim. If the accused does not speak the language in which the proceedings are held, but is represented by counsel who is familiar with the language, it may be sufficient that the relevant documents in the case file are made available to counsel[[fn:70]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":69,"text":"See concluding observations, Canada, CCPR/C/CAN/CO/5 (2005), para. 13."},{"n":70,"text":"Communication No. 451/1991, Harward v. Norway, para. 9.5."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-32-0034","docId":"ccpr-c-gc-32","idx":34,"n":34,"text":"The right to communicate with counsel requires that the accused is granted prompt access to counsel. Counsel should be able to meet their clients in private and to communicate with the accused in conditions that fully respect the confidentiality of their communications.[[fn:71]] Furthermore, lawyers should be able to advise and to represent persons charged with a criminal offence in accordance with generally recognised professional ethics without restrictions, influence, pressure or undue interference from any quarter.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":71,"text":"Communications No. 1117/2002, Khomidova v. Tajikistan, para. 6.4; No. 907/2000, Siragev v. Uzbekistan, para. 6.3; No. 770/1997, Gridin v. Russian Federation, para. 8.5."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"]},{"id":"ccpr-c-gc-32-0035","docId":"ccpr-c-gc-32","idx":35,"n":35,"text":"The right of the accused to be tried without undue delay, provided for by article 14, paragraph 3 (c), is not only designed to avoid keeping persons too long in a state of uncertainty about their fate and, if held in detention during the period of the trial, to ensure that such deprivation of liberty does not last longer than necessary in the circumstances of the specific case, but also to serve the interests of justice. What is reasonable has to be assessed in the CCPR/C/GC/32 Page 11 circumstances of each case,[[fn:72]] taking into account mainly the complexity of the case, the conduct of the accused, and the manner in which the matter was dealt with by the administrative and judicial authorities. In cases where the accused are denied bail by the court, they must be tried as expeditiously as possible.[[fn:73]] This guarantee relates not only to the time between the formal charging of the accused and the time by which a trial should commence, but also the time until the final judgement on appeal.[[fn:74]] All stages, whether in first instance or on appeal must take place “without undue delay.”","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":72,"text":"See e.g. communication No. 818/1998, Sextus v Trinidad and Tobago, para. 7.2 regarding a delay of 22 months between the charging of the accused with a crime carrying the death penalty and the beginning of the trial without specific circumstances justifying the delay. In communication No. 537/1993, Kelly v. Jamaica, para. 5.11, an 18 months delay between charges and beginning of the trial did not violate art. 14, para. 3 (c). See also communication No. 676/1996, Yasseen and Thomas v. Guyana, para. 7.11 (delay of two years between a decision by the Court of Appeal and the beginning of a retrial) and communication No. 938/2000, Siewpersaud, Sukhram, and Persaud v. Trinidad v Tobago, para. 6.2 (total duration of criminal proceedings of almost five years in the absence of any explanation from the State party justifying the delay)."},{"n":73,"text":"Communication No. 818/1998, Sextus v. Trinidad and Tobago, para. 7.2."},{"n":74,"text":"Communications No. 1089/2002, Rouse v. Philippines, para.7.4; No. 1085/2002, Taright, Touadi, Remli and Yousfi v. Algeria, para. 8.5."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0036","docId":"ccpr-c-gc-32","idx":36,"n":36,"text":"Article 14, paragraph 3 (d) contains three distinct guarantees. First, the provision requires that accused persons are entitled to be present during their trial. Proceedings in the absence of the accused may in some circumstances be permissible in the interest of the proper administration of justice, i.e. when accused persons, although informed of the proceedings sufficiently in advance, decline to exercise their right to be present. Consequently, such trials are only compatible with article 14, paragraph 3 (d) if the necessary steps are taken to summon accused persons in a timely manner and to inform them beforehand about the date and place of their trial and to request their attendance.[[fn:75]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":75,"text":"Communications No. 16/1977, Mbenge v. Zaire, para. 14.1; No. 699/1996, Maleki v. Italy, para. 9.3."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0037","docId":"ccpr-c-gc-32","idx":37,"n":37,"text":"Second, the right of all accused of a criminal charge to defend themselves in person or through legal counsel of their own choosing and to be informed of this right, as provided for by article 14, paragraph 3 (d), refers to two types of defence which are not mutually exclusive. Persons assisted by a lawyer have the right to instruct their lawyer on the conduct of their case, within the limits of professional responsibility, and to testify on their own behalf. At the same time, the wording of the Covenant is clear in all official languages, in that it provides for a defence to be conducted in person “or” with legal assistance of one’s own choosing, thus providing the possibility for the accused to reject being assisted by any counsel. This right to defend oneself without a lawyer is, however not absolute. The interests of justice may, in the case of a specific trial, require the assignment of a lawyer against the wishes of the accused, particularly in cases of persons substantially and persistently obstructing the proper conduct of trial, or facing a grave charge but being unable to act in their own interests, or where this is necessary to protect vulnerable witnesses from further distress or intimidation if they were to be questioned by the accused. However, any restriction of the wish of accused persons to defend themselves must have an objective and sufficiently serious purpose and not go beyond what is necessary to uphold the interests of justice. Therefore, domestic law should avoid any absolute bar against the right to defend oneself in criminal proceedings without the assistance of counsel.[[fn:76]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":76,"text":"Communication No. 1123/2002, Correia de Matos v. Portugal, paras. 7.4 and 7.5."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0038","docId":"ccpr-c-gc-32","idx":38,"n":38,"text":"Third, article 14, paragraph 3 (d) guarantees the right to have legal assistance assigned to accused persons whenever the interests of justice so require, and without payment by them in any such case if they do not have sufficient means to pay for it. The gravity of the offence is important in deciding whether counsel should be assigned “in the interest of justice”[[fn:77]] as is the existence of some objective chance of success at the appeals stage.[[fn:78]] In cases involving capital punishment, it is axiomatic that the accused must be effectively assisted by a lawyer at all stages of the proceedings.[[fn:79]] Counsel provided by the competent authorities on the basis of this provision must be effective in the representation of the accused. Unlike in the case of privately retained lawyers,[[fn:80]] blatant misbehaviour or incompetence, for example the withdrawal of an appeal without consultation in a death penalty case,[[fn:81]] or absence during the hearing of a witness in such cases[[fn:82]] may entail the responsibility of the State concerned for a violation of article 14, paragraph 3 (d), provided that it was manifest to the judge that the lawyer’s behaviour was incompatible with the interests of justice.[[fn:83]] There is also a violation of this provision if the court or other relevant authorities hinder appointed lawyers from fulfilling their task effectively.[[fn:84]]","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":77,"text":"Communication No. 646/1995, Lindon v. Australia, para. 6.5."},{"n":78,"text":"Communication No. 341/1988, Z.P. v. Canada, para. 5.4."},{"n":79,"text":"Communications No. 985/2001, Aliboeva v. Tajikistan, para. 6.4; No. 964/2001, Saidova v. Tajikistan, para. 6.8; No. 781/1997, Aliev v. Ukraine, para. 7.3; No. 554/1993, LaVende v. Trinidad and Tobago, para. 58."},{"n":80,"text":"Communication No. 383/1989, H.C. v. Jamaica, para. 6.3."},{"n":81,"text":"Communication No. 253/1987, Kelly v. Jamaica, para. 9.5."},{"n":82,"text":"Communication No. 838/1998, Hendricks v. Guyana, para. 6.4. For the case of an absence of an author’s legal representative during the hearing of a witness in a preliminary hearing see Communication No. 775/1997, Brown v. Jamaica, para. 6.6."},{"n":83,"text":"Communications No. 705/1996, Taylor v. Jamaica, para. 6.2 ; No. 913/2000, Chan v. Guyana, para. 6.2; No. 980/2001, Hussain v. Mauritius, para. 6.3."},{"n":84,"text":"Communication No. 917/2000, Arutyunyan v. Uzbekistan, para. 6.3."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0039","docId":"ccpr-c-gc-32","idx":39,"n":39,"text":"Paragraph 3 (e) of article 14 guarantees the right of accused persons to examine, or have examined, the witnesses against them and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses against them. As an application of the principle of equality of arms, this guarantee is important for ensuring an effective defence by the accused and their counsel and thus guarantees the accused the same legal powers of compelling the attendance of witnesses and of examining or cross-examining any witnesses as are available to the prosecution. It does not, however, provide an unlimited right to obtain the attendance of any witness requested by the accused or their counsel, but only a right to have witnesses admitted that are relevant for the defence, and to be given a proper opportunity to question and challenge witnesses against them at some stage of the proceedings. Within these limits, and subject to the limitations on the use of statements, confessions and other evidence obtained in violation of article 7,[[fn:85]] it is primarily for the domestic legislatures of States parties to determine the admissibility of evidence and how their courts assess it.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":85,"text":"See para. 6 above.","isSelfRef":true,"resolvedText":"General Comment No. 32: Article 14: Right to equality before courts and tribunals and to a fair trial, (CCPR/C/GC/32), paragraph 6","referencesPara":6}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-32-0040","docId":"ccpr-c-gc-32","idx":40,"n":40,"text":"The right to have the free assistance of an interpreter if the accused cannot understand or speak the language used in court as provided for by article 14, paragraph 3 (f) enshrines another aspect of the principles of fairness and equality of arms in criminal proceedings.[[fn:86]] This right arises at all stages of the oral proceedings. It applies to aliens as well as to nationals. However, accused persons whose mother tongue differs from the official court language are, in CCPR/C/GC/32 Page 13 principle, not entitled to the free assistance of an interpreter if they know the official language sufficiently to defend themselves effectively.[[fn:87]]","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":86,"text":"Communication No. 219/1986, Guesdon v. France, para. 10.2."},{"n":87,"text":"Idem.","isIbid":true,"resolvedText":"Communication No. 219/1986, Guesdon v. France, para. 10.2."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0041","docId":"ccpr-c-gc-32","idx":41,"n":41,"text":"Finally, article 14, paragraph 3 (g), guarantees the right not to be compelled to testify against oneself or to confess guilt. This safeguard must be understood in terms of the absence of any direct or indirect physical or undue psychological pressure from the investigating authorities on the accused, with a view to obtaining a confession of guilt. A fortiori, it isunacceptable to treat an accused person in a manner contrary to article 7 of the Covenant in order to extract a confession.[[fn:88]] Domestic law must ensure that statements or confessions obtained in violation of article 7 of the Covenant are excluded from the evidence, except if such material is used as evidence that torture or other treatment prohibited by this provision occurred,[[fn:89]] and that in such cases the burden is on the State to prove that statements made by the accused have been given of their own free will.[[fn:90]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":88,"text":"Communications No. 1208/2003, Kurbonov v. Tajikistan, paras. 6.2 – 6.4; No. 1044/2002, Shukurova v. Tajikistan, paras. 8.2 – 8.3; No. 1033/2001, Singarasa v. Sri Lanka, para. 7.4; ; No. 912/2000, Deolall v. Guyana, para. 5.1; No. 253/1987, Kelly v. Jamaica, para. 5.5."},{"n":89,"text":"Cf. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 15. On the use of other evidence obtained in violation of article 7 of the Covenant, see paragraph 6 above."},{"n":90,"text":"Communications No. 1033/2001, Singarasa v. Sri Lanka, para. 7.4; No. 253/1987, Kelly v. Jamaica, para. 7.4."}],"section":["V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-32-0042","docId":"ccpr-c-gc-32","idx":42,"n":42,"text":"Article 14, paragraph 4, provides that in the case of juvenile persons, procedures should take account of their age and the desirability of promoting their rehabilitation. Juveniles are to enjoy at least the same guarantees and protection as are accorded to adults under article 14 of the Covenant. In addition, juveniles need special protection. In criminal proceedings they should, in particular, be informed directly of the charges against them and, if appropriate, through their parents or legal guardians, be provided with appropriate assistance in the preparation and presentation of their defence; be tried as soon as possible in a fair hearing in the presence of legal counsel, other appropriate assistance and their parents or legal guardians, unless it is considered not to be in the best interest of the child, in particular taking into account their age or situation. Detention before and during the trial should be avoided to the extent possible.[[fn:91]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":91,"text":"See general comment No. 17 (1989) on article 24 (Rights of the child), para. 4."}],"section":["VI. JUVENILE PERSONS"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0043","docId":"ccpr-c-gc-32","idx":43,"n":43,"text":"States should take measures to establish an appropriate juvenile criminal justice system, in order to ensure that juveniles are treated in a manner commensurate with their age. It is important to establish a minimum age below which children and juveniles shall not be put on trial for criminal offences; that age should take into account their physical and mental immaturity.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["VI. JUVENILE PERSONS"]},{"id":"ccpr-c-gc-32-0044","docId":"ccpr-c-gc-32","idx":44,"n":44,"text":"Whenever appropriate, in particular where the rehabilitation of juveniles alleged to have committed acts prohibited under penal law would be fostered, measures other than criminal proceedings, such as mediation between the perpetrator and the victim, conferences with the family of the perpetrator, counselling or community service or educational programmes, should be considered, provided they are compatible with the requirements of this Covenant and other relevant human rights standards.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["VI. JUVENILE PERSONS"]},{"id":"ccpr-c-gc-32-0045","docId":"ccpr-c-gc-32","idx":45,"n":45,"text":"Article 14, paragraph 5 of the Covenant provides that anyone convicted of a crime shall have the right to have their conviction and sentence reviewed by a higher tribunal according to law. As the different language versions (crime, infraction, delito) show, the guarantee is not confined to the most serious offences. The expression “according to law” in this provision is not intended to leave the very existence of the right of review to the discretion of the States parties, since this right is recognised by the Covenant, and not merely by domestic law. The term according to law rather relates to the determination of the modalities by which the review by a higher tribunal is to be carried out,[[fn:92]] as well as which court is responsible for carrying out a review in accordance with the Covenant. Article 14, paragraph 5 does not require States parties to provide for several instances of appeal.[[fn:93]] However, the reference to domestic law in this provision is to be interpreted to mean that if domestic law provides for further instances of appeal, the convicted person must have effective access to each of them.[[fn:94]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":92,"text":"Communications No. 1095/2002, Gomaríz Valera v. Spain, para. 7.1; No. 64/1979, Salgar de Montejo v. Colombia, para.10.4."},{"n":93,"text":"Communication No. 1089/2002, Rouse v. Philippines, para. 7.6."},{"n":94,"text":"Communication No. 230/1987, Henry v. Jamaica, para. 8.4."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0046","docId":"ccpr-c-gc-32","idx":46,"n":46,"text":"Article 14, paragraph 5 does not apply to procedures determining rights and obligations in a suit at law[[fn:95]] or any other procedure not being part of a criminal appeal process, such as constitutional motions.[[fn:96]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":95,"text":"Communication No. 450/1991, I.P. v. Finland, para. 6.2."},{"n":96,"text":"Communication No. 352/1989, Douglas, Gentles, Kerr v. Jamaica, para. 11.2."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0047","docId":"ccpr-c-gc-32","idx":47,"n":47,"text":"Article 14, paragraph 5 is violated not only if the decision by the court of first instance is final, but also where a conviction imposed by an appeal court[[fn:97]] or a court of final instance,[[fn:98]] following acquittal by a lower court, according to domestic law, cannot be reviewed by a higher court. Where the highest court of a country acts as first and only instance, the absence of any right to review by a higher tribunal is not offset by the fact of being tried by the supreme tribunal of the State party concerned; rather, such a system is incompatible with the Covenant, unless the State party concerned has made a reservation to this effect.[[fn:99]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":97,"text":"Communication No. 1095/2002, Gomariz Valera v. Spain, para. 7.1."},{"n":98,"text":"Communication No. 1073/2002, Terrón v Spain, para. 7.4."},{"n":99,"text":"Idem.","isIbid":true,"resolvedText":"Communication No. 1073/2002, Terrón v Spain, para. 7.4."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0048","docId":"ccpr-c-gc-32","idx":48,"n":48,"text":"The right to have one’s conviction and sentence reviewed by a higher tribunal established under article 14, paragraph 5, imposes on the State party a duty to review substantively, both on the basis of sufficiency of the evidence and of the law, the conviction and sentence, such that the procedure allows for due consideration of the nature of the case.[[fn:100]] A review that is limited to the formal or legal aspects of the conviction without any consideration whatsoever of the facts is not sufficient under the Covenant.[[fn:101]] However, article 14, paragraph 5 CCPR/C/GC/32 Page 15 does not require a full retrial or a “hearing”,[[fn:102]] as long as the tribunal carrying out the review can look at the factual dimensions of the case. Thus, for instance, where a higher instance court looks at the allegations against a convicted person in great detail, considers the evidence submitted at the trial and referred to in the appeal, and finds that there was sufficient incriminating evidence to justify a finding of guilt in the specific case, the Covenant is not violated.[[fn:103]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":100,"text":"Communications No. 1100/2002, Bandajevsky v. Belarus, para. 10.13; No. 985/2001, Aliboeva v. Tajikistan, para. 6.5; No. 973/2001, Khalilova v. Tajikistan, para. 7.5; No. 623-627/1995, Domukovsky et al. v. Georgia, para.18.11; No. 964/2001, Saidova v. Tajikistan, para. 6.5; No. 802/1998, Rogerson v. Australia, para. 7.5; No. 662/1995, Lumley v. Jamaica, para. 7.3."},{"n":101,"text":"Communication No. 701/1996, Gómez Vázquez v. Spain, para. 11.1."},{"n":102,"text":"Communication No. 1110/2002, Rolando v. Philippines, para. 4.5; No. 984/2001, Juma v. Australia, para. 7.5; No. 536/1993, Perera v. Australia, para. 6.4."},{"n":103,"text":"E.g. communications No. 1156/2003, Pérez Escolar v. Spain, para. 3; No. 1389/2005, Bertelli Gálvez v. Spain, para. 4.5."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0049","docId":"ccpr-c-gc-32","idx":49,"n":49,"text":"The right to have one’s conviction reviewed can only be exercised effectively if the convicted person is entitled to have access to a duly reasoned, written judgement of the trial court, and, at least in the court of first appeal where domestic law provides for several instances of appeal,[[fn:104]] also to other documents, such as trial transcripts, necessary to enjoy the effective exercise of the right to appeal.[[fn:105]] The effectiveness of this right is also impaired, and article 14, paragraph 5 violated, if the review by the higher instance court is unduly delayed in violation of paragraph 3 (c) of the same provision.[[fn:106]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":104,"text":"Communications No. 903/1999, Van Hulst v. Netherlands, para. 6.4; No. 709/1996, Bailey v. Jamaica, para. 7.2; No. 663/1995, Morrison v. Jamaica, para. 8.5."},{"n":105,"text":"Communication No. 662/1995, Lumley v. Jamaica, para. 7.5."},{"n":106,"text":"Communications No. 845/1998, Kennedy v. Trinidad and Tobago, para. 7.5; No. 818/1998, Sextus v. Trinidad and Tobago, para. 7.3; No. 750/1997, Daley v. Jamaica, para. 7.4; No. 665/1995, Brown and Parish v. Jamaica, para. 9.5; No. 614/1995, Thomas v. Jamaica, para. 9.5; No. 590/1994, Bennet v. Jamaica, para. 10.5."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0050","docId":"ccpr-c-gc-32","idx":50,"n":50,"text":"A system of supervisory review that only applies to sentences whose execution has commenced does not meet the requirements of article 14, paragraph 5, regardless of whether such review can be requested by the convicted person or is dependent on the discretionary power of a judge or prosecutor.[[fn:107]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":107,"text":"Communications No. 1100/2002, Bandajevsky v. Belarus, para. 10.13; No. 836/1998, Gelazauskas v. Lithuania, para. 7.2."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0051","docId":"ccpr-c-gc-32","idx":51,"n":51,"text":"The right of appeal is of particular importance in death penalty cases. A denial of legal aid by the court reviewing the death sentence of an indigent convicted person constitutes not only a violation of article 14, paragraph 3 (d), but at the same time also of article 14, paragraph 5, as in such cases the denial of legal aid for an appeal effectively precludes an effective review of the conviction and sentence by the higher instance court.[[fn:108]] The right to have one’s conviction reviewed is also violated if defendants are not informed of the intention of their counsel not to put any arguments to the court, thereby depriving them of the opportunity to seek alternative representation, in order that their concerns may be ventilated at the appeal level.[[fn:109]]","labels":["Persons deprived of their liberty","Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":108,"text":"Communication No. 554/1993, LaVende v. Trinidad and Tobago, para. 5.8."},{"n":109,"text":"See communications No. 750/1997, Daley v Jamaica, para. 7.5; No. 680/1996, Gallimore v Jamaica, para. 7.4; No. 668/1995, Smith and Stewart v. Jamaica, para.7.3. See also Communication No. 928/2000, Sooklal v. Trinidad and Tobago, para. 4.10."}],"section":["VII. REVIEW BY A HIGHER TRIBUNAL"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0052","docId":"ccpr-c-gc-32","idx":52,"n":52,"text":"According to paragraph 6 of article 14 of the Covenant, compensation according to the law shall be paid to persons who have been convicted of a criminal offence by a final decision and have suffered punishment as a consequence of such conviction, if their conviction has been reversed or they have been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice.[[fn:110]] It is necessary that States parties enact legislation ensuring that compensation as required by this provision can in fact be paid and that the payment is made within a reasonable period of time.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":110,"text":"Communications No. 963/2001, Uebergang v. Australia, para. 4.2; No. 880/1999, Irving v. Australia, para. 8.3; No. 408/1990, W.J.H. v. Netherlands, para. 6.3."}],"section":["VIII. COMPENSATION IN CASES OF MISCARRIAGE OF JUSTICE"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0053","docId":"ccpr-c-gc-32","idx":53,"n":53,"text":"This guarantee does not apply if it is proved that the non-disclosure of such a material fact in good time is wholly or partly attributable to the accused; in such cases, the burden of proof rests on the State. Furthermore, no compensation is due if the conviction is set aside upon appeal, i.e. before the judgement becomes final,[[fn:111]] or by a pardon that is humanitarian or discretionary in nature, or motivated by considerations of equity, not implying that there has been a miscarriage of justice.[[fn:112]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":111,"text":"Communications No. 880/1999; Irving v. Australia, para. 8.4; No. 868/1999, Wilson v. Philippines, para. 6.6."},{"n":112,"text":"Communication No. 89/1981, Muhonen v. Finland, para. 11.2."}],"section":["VIII. COMPENSATION IN CASES OF MISCARRIAGE OF JUSTICE"]},{"id":"ccpr-c-gc-32-0054","docId":"ccpr-c-gc-32","idx":54,"n":54,"text":"Article 14, paragraph 7 of the Covenant, providing that no one shall be liable to be tried or punished again for an offence of which they have already been finally convicted or acquitted in accordance with the law and penal procedure of each country, embodies the principle of ne bis in idem. This provision prohibits bringing a person, once convicted or acquitted of a certain offence, either before the same court again or before another tribunal again for the same offence; thus, for instance, someone acquitted by a civilian court cannot be tried again for the same offence by a military or special tribunal. Article 14, paragraph 7 does not prohibit retrial of a person convicted in absentia who requests it, but applies to the second conviction.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"section":["IX. NE BIS IN IDEM"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0055","docId":"ccpr-c-gc-32","idx":55,"n":55,"text":"Repeated punishment of conscientious objectors for not having obeyed a renewed order to serve in the military may amount to punishment for the same crime if such subsequent refusal is based on the same constant resolve grounded in reasons of conscience.[[fn:113]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":113,"text":"See United Nations Working Group on Arbitrary Detention, Opinion No. 36/1999 (Turkey), E./CN.4/2001/14/Add. 1, para. 9 and Opinion No. 24/2003 (Israel), E/CN.4/2005/6/Add. 1, para. 30."}],"section":["IX. NE BIS IN IDEM"]},{"id":"ccpr-c-gc-32-0056","docId":"ccpr-c-gc-32","idx":56,"n":56,"text":"The prohibition of article 14, paragraph 7, is not at issue if a higher court quashes a conviction and orders a retrial.[[fn:114]] Furthermore, it does not prohibit the resumption of a criminal trial justified by exceptional circumstances, such as the discovery of evidence which was not available or known at the time of the acquittal.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":114,"text":"Communication No. 277/1988, Terán Jijón v. Ecuador, para. 5.4."}],"section":["IX. NE BIS IN IDEM"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0057","docId":"ccpr-c-gc-32","idx":57,"n":57,"text":"This guarantee applies to criminal offences only and not to disciplinary measures that do not amount to a sanction for a criminal offence within the meaning of article 14 of the CCPR/C/GC/32 Page 17 Covenant.[[fn:115]] Furthermore, it does not guarantee ne bis in idem with respect to the national jurisdictions of two or more States.[[fn:116]] This understanding should not, however, undermine efforts by States to prevent retrial for the same criminal offence through international conventions.[[fn:117]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":115,"text":"Communication No. 1001/2001, Gerardus Strik v. The Netherlands, para. 7.3."},{"n":116,"text":"Communications No. 692/1996, A.R.J. v. Australia, para. 6.4; No. 204/1986, A.P. v. Italy, para. 7.3."},{"n":117,"text":"See, e.g. Rome Statute of the International Criminal Court, article 20, para. 3."}],"section":["IX. NE BIS IN IDEM"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0058","docId":"ccpr-c-gc-32","idx":58,"n":58,"text":"As a set of procedural guarantees, article 14 of the Covenant often plays an important role in the implementation of the more substantive guarantees of the Covenant that must be taken into account in the context of determining criminal charges and rights and obligations of a person in a suit at law. In procedural terms, the relationship with the right to an effective remedy provided for by article 2, paragraph 3 of the Covenant is relevant. In general, this provision needs to be respected whenever any guarantee of article 14 has been violated.[[fn:118]] However, as regards the right to have one’s conviction and sentence reviewed by a higher tribunal, article 14, paragraph 5 of the Covenant is a lex specialis in relation to article 2, paragraph 3 when invoking the right to access a tribunal at the appeals level.[[fn:119]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":118,"text":"E.g. Communications No. 1033/2001, Singarasa v. Sri Lanka, para. 7.4; No. 823/1998, Czernin v. Czech Republic, para. 7.5."},{"n":119,"text":"Communication No. 1073/2002, Terrón v. Spain, para. 6.6."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-gc-32-0059","docId":"ccpr-c-gc-32","idx":59,"n":59,"text":"In cases of trials leading to the imposition of the death penalty scrupulous respect of the guarantees of fair trial is particularly important. The imposition of a sentence of death upon conclusion of a trial, in which the provisions of article 14 of the Covenant have not been respected, constitutes a violation of the right to life (article 6 of the Covenant).[[fn:120]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":120,"text":"E.g. communications No. 1044/2002, Shakurova v. Tajikistan, para. 8.5 (violation of art. 14 para. 1 and 3 (b), (d) and (g)); No. 915/2000, Ruzmetov v. Uzbekistan, para.7.6 (violation of art. 14, para. 1, 2 and 3 (b), (d), (e) and (g)); No. 913/2000, Chan v. Guyana, para. 5.4 (violation of art. 14 para. 3 (b) and (d)); No. 1167/2003, Rayos v. Philippines, para. 7.3 (violation of art. 14 para. 3(b))."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-32-0060","docId":"ccpr-c-gc-32","idx":60,"n":60,"text":"To ill-treat persons against whom criminal charges are brought and to force them to make or sign, under duress, a confession admitting guilt violates both article 7 of the Covenant prohibiting torture and inhuman, cruel or degrading treatment and article 14, paragraph 3 (g) prohibiting compulsion to testify against oneself or confess guilt.[[fn:121]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":121,"text":"Communications No. 1044/2002, Shakurova v. Tajikistan, para. 8.2; No. 915/2000, Ruzmetov v. Uzbekistan, paras. 7.2 and 7.3; No. 1042/2001, Boimurodov v. Tajikistan, para. 7.2, and many others. On the prohibition to admit evidence in violation of article 7, see paragraphs. 6 and 41 above."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0061","docId":"ccpr-c-gc-32","idx":61,"n":61,"text":"If someone suspected of a crime and detained on the basis of article 9 of the Covenant is charged with an offence but not brought to trial, the prohibitions of unduly delaying trials as provided for by articles 9, paragraph 3, and 14, paragraph 3 (c) of the Covenant may be violated at the same time.[[fn:122]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":122,"text":"Communications No. 908/2000, Evans v. Trinidad and Tobago, para. 6.2; No. 838/1998, Hendricks v. Guayana, para. 6.3, and many more."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-32-0062","docId":"ccpr-c-gc-32","idx":62,"n":62,"text":"The procedural guarantees of article 13 of the Covenant incorporate notions of due process also reflected in article 14[[fn:123]] and thus should be interpreted in the light of this latter provision. Insofar as domestic law entrusts a judicial body with the task of deciding about expulsions or deportations, the guarantee of equality of all persons before the courts and tribunals as enshrined in article 14, paragraph 1, and the principles of impartiality, fairness and equality of arms implicit in this guarantee are applicable.[[fn:124]] All relevant guarantees of article 14, however, apply where expulsion takes the form of a penal sanction or where violations of expulsion orders are punished under criminal law.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":123,"text":"Communication No. 1051/2002 Ahani v. Canada, para. 10.9. See also communication No. 961/2000, Everett v. Spain, para. 6.4 (extradition), 1438/2005, Taghi Khadje v. Netherlands, para. 6.3."},{"n":124,"text":"See communication No. 961/2000, Everett v. Spain, para. 6.4."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"13","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0063","docId":"ccpr-c-gc-32","idx":63,"n":63,"text":"The way criminal proceedings are handled may affect the exercise and enjoyment of rights and guarantees of the Covenant unrelated to article 14. Thus, for instance, to keep pending, for several years, indictments for the criminal offence of defamation brought against a journalist for having published certain articles, in violation of article 14, paragraph 3 (c), may leave the accused in a situation of uncertainty and intimidation and thus have a chilling effect which unduly restricts the exercise of his right to freedom of expression (article 19 of the Covenant).[[fn:125]] Similarly, delays of criminal proceedings for several years in contravention of article 14, paragraph 3 (c), may violate the right of a person to leave one’s own country as guaranteed in article 12, paragraph 2 of the Covenant, if the accused has to remain in that country as long as proceedings are pending.[[fn:126]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":125,"text":"Communication No. 909/2000, Mujuwana Kankanamge v. Sri Lanka, para. 9.4."},{"n":126,"text":"Communication No. 263/1987, Gonzales del Rio v. Peru, paras. 5.2 and 5.3."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-gc-32-0064","docId":"ccpr-c-gc-32","idx":64,"n":64,"text":"As regards the right to have access to public service on general terms of equality as provided for in article 25 (c) of the Covenant, a dismissal of judges in violation of this provision may amount to a violation of this guarantee, read in conjunction with article 14, paragraph 1 providing for the independence of the judiciary.[[fn:127]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":127,"text":"Communications No. 933/2000, Mundyo Busyo et al. v. Democratic Republic of Congo, para. 5.2.; No. 814/1998, Pastukhov v. Belarus, para. 7.3."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-32-0065","docId":"ccpr-c-gc-32","idx":65,"n":65,"text":"Procedural laws or their application that make distinctions based on any of the criteria listed in article 2, paragraph 1 or article 26, or disregard the equal right of men and women, in accordance with article 3, to the enjoyment of the guarantees set forth in article 14 of the Covenant, not only violate the requirement of paragraph 1 of this provision that “all persons shall be equal before the courts and tribunals,” but may also amount to discrimination.[[fn:128]]","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2007,"footnotes":[{"n":128,"text":"Communication No. 202/1986, Ato del Avellanal v. Peru, paras. 10.1 and 10.2."}],"section":["X. RELATIONSHIP OF ARTICLE 14 WITH OTHER PROVISIONS OF THE COVENANT"],"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-33-0001","docId":"ccpr-c-gc-33","idx":1,"n":1,"text":"The Optional Protocol to the International Covenant on Civil and Political Rights was adopted and opened for signature, ratification and accession by the same act of the General Assembly, resolution 2200 A (XXI) of 16 December 1966, by which the Covenant itself was adopted. Both the Covenant and the Optional Protocol entered into force on 23 March 1976.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0002","docId":"ccpr-c-gc-33","idx":2,"n":2,"text":"Although the Optional Protocol is organically related to the Covenant, it is not automatically in force for all States parties to the Covenant. Article 8 of the Optional Protocol provides that States parties to the Covenant may become parties to the Optional Protocol only by a separate expression of consent to be bound. A majority of States parties to the Covenant have also become parties to the Optional Protocol.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"8","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'Article 8 of the Optional Protocol provides that States parties to the Covenant may become parties to the Optional Protocol only by a separate expression of consent.' This GC (33) is entirely about the ICCPR-OP1 procedures; 'the Optional Protocol' = ICCPR-OP1. Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0003","docId":"ccpr-c-gc-33","idx":3,"n":3,"text":"The preamble to the Optional Protocol states that its purpose is “further to achieve the purposes” of the Covenant by enabling the Human Rights Committee, established in Part IV of the Covenant, “to receive and consider, as provided in the present Protocol, communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant”. The Optional Protocol sets out a procedure, and imposes obligations on States parties to the Optional Protocol arising out of that procedure, in addition to their obligations under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0004","docId":"ccpr-c-gc-33","idx":4,"n":4,"text":"Article 1 of the Optional Protocol provides that a State party to the Optional Protocol “recognizes the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State party of any of the rights set forth in the Covenant”. It follows that States parties are obliged not to CCPR/C/GC/33 page 2 hinder access to the Committee and must prevent any retaliatory measures against any person who has submitted a communication to the Committee.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"1","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'Article 1 of the Optional Protocol provides that a State party...recognizes the competence of the Committee to receive and consider communications from individuals.' The whole GC 33 concerns ICCPR-OP1; art.1 here is ICCPR-OP1 art.1. Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0005","docId":"ccpr-c-gc-33","idx":5,"n":5,"text":"Article 2 of the Optional Protocol requires that individuals who submit communications to the Committee must have exhausted all available domestic remedies. In its response to a communication, a State party, where it considers that this condition has not been met, should specify the available and effective remedies that the author of the communication has failed to exhaust.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"2","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'Article 2 of the Optional Protocol requires that individuals...must have exhausted all available domestic remedies.' ICCPR-OP1 art.2 is the exhaustion-of-domestic-remedies admissibility condition. Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0006","docId":"ccpr-c-gc-33","idx":6,"n":6,"text":"Although not a term found in the Optional Protocol or the Covenant, the Human Rights Committee uses the description “author” to refer to an individual who has submitted a communication to the Committee under the Optional Protocol. The Committee uses the term “communication” contained in article 1 of the Optional Protocol instead of terms such as “complaint” or “petition”, although the latter term is reflected in the current administrative structure of the Office of the High Commissioner for Human Rights, where communications under the Optional Protocol are initially handled by a section known as the Petitions Team.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"1","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'the term communication contained in article 1 of the Optional Protocol' — ICCPR-OP1 art.1. GC 33 context and explicit attribution to the Optional Protocol confirm this is ICCPR-OP1. Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0007","docId":"ccpr-c-gc-33","idx":7,"n":7,"text":"Terminology similarly reflects the nature of the role of the Human Rights Committee in receiving and considering a communication. Subject to the communication being found admissible, after considering the communication in the light of all written information made available to it by the individual and by the State party concerned, “the Committee shall forward its views to the State party concerned and to the individual”.[[fn:1]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":1,"text":"Art. 5, para. 4, of the Optional Protocol."}]},{"id":"ccpr-c-gc-33-0008","docId":"ccpr-c-gc-33","idx":8,"n":8,"text":"The first obligation of a State Party against which a claim has been made by an individual under the Optional Protocol is to respond to the communication within the time limit of six months set out in article 4, paragraph 2. Within that time limit, “the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State”. The Committee’s rules of procedure amplify these provisions, including the possibility in exceptional cases of treating separately questions of the admissibility and merits of the communication.[[fn:2]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":2,"text":"Rule 97, para. 2, of the rules of procedure of the Human Rights Committee, CCPR/C/3/Rev.8, 22 September 2005."}],"citedArticles":[{"article":"4","paragraph":"2","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'the time limit of six months set out in article 4, paragraph 2' in context of a State party's obligation to respond to an individual communication under the Optional Protocol — ICCPR-OP1 art.4(2). Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0009","docId":"ccpr-c-gc-33","idx":9,"n":9,"text":"In responding to a communication that appears to relate to a matter arising before the entry into force of the Optional Protocol for the State party (the ratione temporis rule), the State party should invoke that circumstance explicitly, including any comment on the possible “continuing effect” of a past violation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0010","docId":"ccpr-c-gc-33","idx":10,"n":10,"text":"In the experience of the Committee, States do not always respect their obligation. In failing to respond to a communication, or responding incompletely, a State which is the object of a communication puts itself at a disadvantage, because the Committee is then compelled to consider the communication in the absence of full information relating to the communication. In such circumstances, the Committee may conclude that the allegations contained in the communication are true, if they appear from all the circumstances to be substantiated.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0011","docId":"ccpr-c-gc-33","idx":11,"n":11,"text":"While the function of the Human Rights Committee in considering individual communications is not, as such, that of a judicial body, the Views issued by the Committee under the Optional Protocol exhibit some of the principal characteristics of a judicial decision. They are arrived at in a judicial spirit, including the impartiality and independence of CCPR/C/GC/33 page 3 Committee members, the considered interpretation of the language of the Covenant, and the determinative character of the decisions.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0012","docId":"ccpr-c-gc-33","idx":12,"n":12,"text":"The term used in article 5, paragraph 4, of the Optional Protocol to describe the decisions of the Committee is “Views”.[[fn:3]] These decisions state the Committee’s findings on the violations alleged by the author of a communication and, where a violation has been found, state a remedy for that violation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":3,"text":"In French, the term is “constatations”, and in Spanish, “observaciones”."}],"citedArticles":[{"article":"5","paragraph":"4","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'article 5, paragraph 4, of the Optional Protocol to describe the decisions of the Committee is Views' — ICCPR-OP1 art.5(4) on Committee issuing Views. Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0013","docId":"ccpr-c-gc-33","idx":13,"n":13,"text":"The Views of the Committee under the Optional Protocol represent an authoritative determination by the organ established under the Covenant itself charged with the interpretation of that instrument. These Views derive their character, and the importance which attaches to them, from the integral role of the Committee under both the Covenant and the Optional Protocol.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0014","docId":"ccpr-c-gc-33","idx":14,"n":14,"text":"14. Under article 2, paragraph 3 (a), of the Covenant, each State party undertakes “to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity”. This constitutes the basis of the wording consistently used by the Committee in issuing its Views in cases where a violation has been found:","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"2","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"First ref: 'Under article 2, paragraph 3 (a), of the Covenant, each State party undertakes to ensure...an effective remedy' — explicitly 'of the Covenant,' ICCPR art.2(3)(a)."},{"article":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second ref: 'pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals...the rights recognized in the Covenant' — explicitly 'of the Covenant,' ICCPR art.2."},{"article":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Third ref: 'In accordance with article 2, paragraph 3 (a), of the Covenant' repeated in the standard Views wording — ICCPR art.2."}]},{"id":"ccpr-c-gc-33-0015","docId":"ccpr-c-gc-33","idx":15,"n":15,"text":"The character of the Views of the Committee is further determined by the obligation of States parties to act in good faith, both in their participation in the procedure under the Optional Protocol and in relation to the Covenant itself. A duty to cooperate with the Committee arises from an application of the principle of good faith to the observance of all treaty obligations.[[fn:4]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":4,"text":"Art. 26, Vienna Convention on the Law of Treaties 1969."}]},{"id":"ccpr-c-gc-33-0016","docId":"ccpr-c-gc-33","idx":16,"n":16,"text":"The Committee decided, in 1997, under its rules of procedure, to appoint a member of the Committee as Special Rapporteur for the follow-up of Views.[[fn:5]] That member, through written representations, and frequently also through personal meetings with diplomatic representatives of the State party concerned, urges compliance with the Committee’s Views and discusses factors that may be impeding their implementation. In a number of cases, this CCPR/C/GC/33 page 4 procedure has led to acceptance and implementation of the Committee’s Views where previously the transmission of those Views had met with no response.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":5,"text":"Rule 101 of the rules of procedure of the Human Rights Committee."}]},{"id":"ccpr-c-gc-33-0017","docId":"ccpr-c-gc-33","idx":17,"n":17,"text":"It is to be noted that failure by a State party to implement the Views of the Committee in a given case becomes a matter of public record through the publication of the Committee’s decisions, inter alia, in its annual reports to the General Assembly.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-33-0018","docId":"ccpr-c-gc-33","idx":18,"n":18,"text":"Some States parties, to which the Views of the Committee have been transmitted in relation to communications concerning them, have failed to accept the Committee’s Views, in whole or in part, or have attempted to reopen the case. In a number of those cases, these responses have been made where the State party took no part in the procedure, having not carried out its obligation to respond to communications under article 4, paragraph 2, of the Optional Protocol. In other cases, rejection of the Committee’s Views, in whole or in part, has come after the State party has participated in the procedure and where its arguments have been fully considered by the Committee. In all such cases, the Committee regards dialogue between the Committee and the State party as ongoing with a view to implementation. The Special Rapporteur for the follow-up of Views conducts this dialogue, and regularly reports on progress to the Committee.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"citedArticles":[{"article":"4","paragraph":"2","treaty":"ICCPR-OP1","confidence":"high","source":"sonnet","rationale":"Text says 'not carried out its obligation to respond to communications under article 4, paragraph 2, of the Optional Protocol' — ICCPR-OP1 art.4(2) (State obligation to respond within six months). Override from regex default ICCPR."}]},{"id":"ccpr-c-gc-33-0019","docId":"ccpr-c-gc-33","idx":19,"n":19,"text":"Measures may be requested by an author, or decided by the Committee on its own initiative, when an action taken or threatened by the State party would appear likely to cause irreparable harm to the author or the victim unless withdrawn or suspended pending full consideration of the communication by the Committee. Examples include the imposition of the death penalty and violation of the duty of non-refoulement. In order to be in a position to meet these needs under the Optional Protocol, the Committee established, under its rules of procedure, a procedure to request interim or provisional measures of protection in appropriate cases.[[fn:6]] Failure to implement such interim or provisional measures is incompatible with the obligation to respect in good faith the procedure of individual communication established under the Optional Protocol.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009,"footnotes":[{"n":6,"text":"Rule 92 (previously rule 86) of the rules of procedure of the Human Rights Committee (see CCPR/C/3/Rev.8, 22 September 2005): “The Committee may, prior to forwarding its Views on the communication to the State party concerned, inform that State of its Views as to whether interim measures may be desirable to avoid irreparable damage to the victim of the alleged violation. In doing so, the Committee shall inform the State party concerned that such expression of its Views on interim measures does not imply a determination on the merits of the communication.”"}]},{"id":"ccpr-c-gc-33-0020","docId":"ccpr-c-gc-33","idx":20,"n":20,"text":"Most States do not have specific enabling legislation to receive the Views of the Committee into their domestic legal order. The domestic law of some States parties does, however, provide for the payment of compensation to the victims of violations of human rights as found by international organs. In any case, States parties must use whatever means lie within their power in order to give effect to the Views issued by the Committee. - - - - - -","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2009},{"id":"ccpr-c-gc-34-0001","docId":"ccpr-c-gc-34","idx":1,"n":1,"text":"1. This general comment replaces general comment No. 10 (nineteenth session).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011},{"id":"ccpr-c-gc-34-0002","docId":"ccpr-c-gc-34","idx":2,"n":2,"text":"2. Freedom of opinion and freedom of expression are indispensable conditions for the full development of the person. They are essential for any society.[[fn:1]] They constitute the foundation stone for every free and democratic society. The two freedoms are closely related, with freedom of expression providing the vehicle for the exchange and development of opinions.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":1,"text":"See communication No. 1173/2003, Benhadj v. Algeria, Views adopted on 20 July 2007; No. 628/1995, Park v. Republic of Korea, Views adopted on 5 July 1996."}]},{"id":"ccpr-c-gc-34-0003","docId":"ccpr-c-gc-34","idx":3,"n":3,"text":"3. Freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011},{"id":"ccpr-c-gc-34-0004","docId":"ccpr-c-gc-34","idx":4,"n":4,"text":"4. Among the other articles that contain guarantees for freedom of opinion and/or expression, are articles 18, 17, 25 and 27. The freedoms of opinion and expression form a basis for the full enjoyment of a wide range of other human rights. For instance, freedom of expression is integral to the enjoyment of the rights to freedom of assembly and association, and the exercise of the right to vote.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-gc-34-0005","docId":"ccpr-c-gc-34","idx":5,"n":5,"text":"5. Taking account of the specific terms of article 19, paragraph 1, as well as the relationship of opinion and thought (article 18), a reservation to paragraph 1 would be incompatible with the object and purpose of the Covenant.[[fn:2]] Furthermore, although freedom of opinion is not listed among those rights that may not be derogated from pursuant to the provisions of article 4 of the Covenant, it is recalled that, “in those provisions of the Covenant that are not listed in article 4, paragraph 2, there are elements that in the Committee’s opinion cannot be made subject to lawful derogation under article 4”.[[fn:3]] Freedom of opinion is one such element, since it can never become necessary to derogate from it during a state of emergency.[[fn:4]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":2,"text":"See the Committee’s general comment No. 24 (1994) on issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to the declarations under article 41 of the Covenant, Official Records of the General Assembly, Fiftieth Session, Supplement No. 40, vol. I (A/50/40 (Vol. I)), annex V."},{"n":3,"text":"See the Committee’s general comment No. 29 (2001) on derogation during a state of emergency, para. 13, Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 40, vol. I (A/56/40 (Vol. I)), annex VI."},{"n":4,"text":"General comment No. 29, para. 11."}],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-gc-34-0006","docId":"ccpr-c-gc-34","idx":6,"n":6,"text":"6. Taking account of the relationship of freedom of expression to the other rights in the Covenant, while reservations to particular elements of article 19, paragraph 2, may be acceptable, a general reservation to the rights set out in paragraph 2 would be incompatible with the object and purpose of the Covenant.[[fn:5]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":5,"text":"General comment No. 24."}],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0007","docId":"ccpr-c-gc-34","idx":7,"n":7,"text":"7. The obligation to respect freedoms of opinion and expression is binding on every State party as a whole. All branches of the State (executive, legislative and judicial) and other public or governmental authorities, at whatever level – national, regional or local – are in a position to engage the responsibility of the State party.[[fn:6]] Such responsibility may also be incurred by a State party under some circumstances in respect of acts of semi-State entities.[[fn:7]] The obligation also requires States parties to ensure that persons are protected from any acts by private persons or entities that would impair the enjoyment of the freedoms of opinion and expression to the extent that these Covenant rights are amenable to application between private persons or entities.[[fn:8]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":6,"text":"See the Committee’s general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, para. 4, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 40, vol. I (A/59/40 (Vol. I)), annex III"},{"n":7,"text":"See communication No. 61/1979, Hertzberg et al. v. Finland, Views adopted on 2 April 1982."},{"n":8,"text":"General comment No. 31, para. 8; See communication No. 633/1995, Gauthier v. Canada, Views adopted on 7 April 1999."}]},{"id":"ccpr-c-gc-34-0008","docId":"ccpr-c-gc-34","idx":8,"n":8,"text":"8. States parties are required to ensure that the rights contained in article 19 of the Covenant are given effect to in the domestic law of the State, in a manner consistent with the guidance provided by the Committee in its general comment No. 31 on the nature of the general legal obligation imposed on States parties to the Covenant. It is recalled that States parties should provide the Committee, in accordance with reports submitted pursuant to article 40, with the relevant domestic legal rules, administrative practices and judicial decisions, as well as relevant policy level and other sectorial practices relating to the rights protected by article 19, taking into account the issues discussed in the present general comment. They should also include information on remedies available if those rights are violated.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0009","docId":"ccpr-c-gc-34","idx":9,"n":9,"text":"9. Paragraph 1 of article 19 requires protection of the right to hold opinions without interference. This is a right to which the Covenant permits no exception or restriction. Freedom of opinion extends to the right to change an opinion whenever and for whatever reason a person so freely chooses. No person may be subject to the impairment of any rights under the Covenant on the basis of his or her actual, perceived or supposed opinions. All forms of opinion are protected, including opinions of a political, scientific, historic, moral or religious nature. It is incompatible with paragraph 1 to criminalize the holding of an opinion.[[fn:9]] The harassment, intimidation or stigmatization of a person, including arrest, detention, trial or imprisonment for reasons of the opinions they may hold, constitutes a violation of article 19, paragraph 1.[[fn:10]]","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":9,"text":"See communication No. 550/93, Faurisson v. France, Views adopted on 8 November 1996."},{"n":10,"text":"See communication No. 157/1983, Mpaka-Nsusu v. Zaire, Views adopted on 26 March 1986; No. 414/1990, Mika Miha v. Equatorial Guinea, Views adopted on 8 July 1994."}],"section":["Freedom of opinion"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0010","docId":"ccpr-c-gc-34","idx":10,"n":10,"text":"10. Any form of effort to coerce the holding or not holding of any opinion is prohibited.[[fn:11]] Freedom to express one’s opinion necessarily includes freedom not to express one’s opinion.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":11,"text":"See communication No. 878/1999, Kang v. Republic of Korea, Views adopted on 15 July 2003."}],"section":["Freedom of opinion"]},{"id":"ccpr-c-gc-34-0011","docId":"ccpr-c-gc-34","idx":11,"n":11,"text":"11. Paragraph 2 requires States parties to guarantee the right to freedom of expression, including the right to seek, receive and impart information and ideas of all kinds regardless of frontiers. This right includes the expression and receipt of communications of every form of idea and opinion capable of transmission to others, subject to the provisions in article 19, paragraph 3, and article 20.[[fn:12]] It includes political discourse,[[fn:13]] commentary on one’s own[[fn:14]] and on public affairs,[[fn:15]] canvassing,[[fn:16]] discussion of human rights,[[fn:17]] journalism,[[fn:18]] cultural and artistic expression,[[fn:19]] teaching,[[fn:20]] and religious discourse.[[fn:21]] It may also include commercial advertising. The scope of paragraph 2 embraces even expression that may be regarded as deeply offensive,[[fn:22]] although such expression may be restricted in accordance with the provisions of article 19, paragraph 3 and article 20.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":12,"text":"See communications Nos. 359/1989 and 385/1989, Ballantyne, Davidson and McIntyre v. Canada, Views adopted on 18 October 1990."},{"n":13,"text":"See communication No. 414/1990, Mika Miha v. Equatorial Guinea."},{"n":14,"text":"See communication No. 1189/2003, Fernando v. Sri Lanka, Views adopted on 31 March 2005."},{"n":15,"text":"See communication No. 1157/2003, Coleman v. Australia, Views adopted on 17 July 2006."},{"n":16,"text":"Concluding observations on Japan (CCPR/C/JPN/CO/5)."},{"n":17,"text":"See communication No. 1022/2001, Velichkin v. Belarus, Views adopted on 20 October 2005."},{"n":18,"text":"See communication No. 1334/2004, Mavlonov and Sa’di v. Uzbekistan, Views adopted on 19 March 2009."},{"n":19,"text":"See communication No. 926/2000, Shin v. Republic of Korea, Views adopted on 16 March 2004."},{"n":20,"text":"See communication No. 736/97, Ross v. Canada, Views adopted on 18 October 2000."},{"n":21,"text":"Ibid."},{"n":22,"text":"Ibid."}],"section":["Freedom of expression"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"ccpr-c-gc-34-0012","docId":"ccpr-c-gc-34","idx":12,"n":12,"text":"12. Paragraph 2 protects all forms of expression and the means of their dissemination. Such forms include spoken, written and sign language and such non-verbal expression as images and objects of art.[[fn:23]] Means of expression include books, newspapers,[[fn:24]] pamphlets,[[fn:25]] posters, banners,[[fn:26]] dress and legal submissions. [[fn:27]] They include all forms of audio-visual as well as electronic and internet-based modes of expression.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":23,"text":"See communication No. 926/2000, Shin v. Republic of Korea."},{"n":24,"text":"See communication No. 1341/2005, Zundel v. Canada, Views adopted on 20 March 2007."},{"n":25,"text":"See communication No. 1009/2001, Shchetoko et al. v. Belarus, Views adopted on 11 July 2006."},{"n":26,"text":"See communication No. 412/1990, Kivenmaa v. Finland, Views adopted on 31 March 1994."},{"n":27,"text":"See communication No. 1189/2003, Fernando v. Sri Lanka."}],"section":["Freedom of expression"]},{"id":"ccpr-c-gc-34-0013","docId":"ccpr-c-gc-34","idx":13,"n":13,"text":"13. A free, uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other Covenant rights. It constitutes one of the cornerstones of a democratic society.[[fn:28]] The Covenant embraces a right whereby the media may receive information on the basis of which it can carry out its function.[[fn:29]] The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. [[fn:30]] The public also has a corresponding right to receive media output.[[fn:31]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":28,"text":"See communication No. 1128/2002, Marques v. Angola, Views adopted on 29 March 2005."},{"n":29,"text":"See communication No. 633/95, Gauthier v. Canada."},{"n":30,"text":"See the Committee’s general comment No. 25 (1996) on article 25 (Participation in public affairs and the right to vote), para. 25, Official Records of the General Assembly, Fifty-first Session, Supplement No. 40, vol. I (A/51/40 (Vol. I)), annex V."},{"n":31,"text":"See communication No. 1334/2004, Mavlonov and Sa’di v. Uzbekistan."}],"section":["Freedom of expression and the media"]},{"id":"ccpr-c-gc-34-0014","docId":"ccpr-c-gc-34","idx":14,"n":14,"text":"14. As a means to protect the rights of media users, including members of ethnic and linguistic minorities, to receive a wide range of information and ideas, States parties should take particular care to encourage an independent and diverse media.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["Freedom of expression and the media"]},{"id":"ccpr-c-gc-34-0015","docId":"ccpr-c-gc-34","idx":15,"n":15,"text":"15. States parties should take account of the extent to which developments in information and communication technologies, such as internet and mobile based electronic information dissemination systems, have substantially changed communication practices around the world. There is now a global network for exchanging ideas and opinions that does not necessarily rely on the traditional mass media intermediaries. States parties should take all necessary steps to foster the independence of these new media and to ensure access of individuals thereto.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["Freedom of expression and the media"]},{"id":"ccpr-c-gc-34-0016","docId":"ccpr-c-gc-34","idx":16,"n":16,"text":"16. States parties should ensure that public broadcasting services operate in an independent manner.[[fn:32]] In this regard, States parties should guarantee their independence and editorial freedom. They should provide funding in a manner that does not undermine their independence.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":32,"text":"Concluding observations on Republic of Moldova (CCPR/CO/75/MDA)."}],"section":["Freedom of expression and the media"]},{"id":"ccpr-c-gc-34-0017","docId":"ccpr-c-gc-34","idx":17,"n":17,"text":"17. Issues concerning the media are discussed further in the section of this general comment that addresses restrictions on freedom of expression.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["Freedom of expression and the media"]},{"id":"ccpr-c-gc-34-0018","docId":"ccpr-c-gc-34","idx":18,"n":18,"text":"18. Article 19, paragraph 2 embraces a right of access to information held by public bodies. Such information includes records held by a public body, regardless of the form in which the information is stored, its source and the date of production. Public bodies are as indicated in paragraph 7 of this general comment. The designation of such bodies may also include other entities when such entities are carrying out public functions. As has already been noted, taken together with article 25 of the Covenant, the right of access to information includes a right whereby the media has access to information on public affairs[[fn:33]] and the right of the general public to receive media output.[[fn:34]] Elements of the right of access to information are also addressed elsewhere in the Covenant. As the Committee observed in its general comment No. 16, regarding article 17 of the Covenant, every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data is stored in automatic data files, and for what purposes. Every individual should also be able to ascertain which public authorities or private individuals or bodies control or may control his or her files. If such files contain incorrect personal data or have been collected or processed contrary to the provisions of the law, every individual should have the right to have his or her records rectified. Pursuant to article 10 of the Covenant, a prisoner does not lose the entitlement to access to his medical records.[[fn:35]] The Committee, in general comment No. 32 on article 14, set out the various entitlements to information that are held by those accused of a criminal offence.[[fn:36]] Pursuant to the provisions of article 2, persons should be in receipt of information regarding their Covenant rights in general.[[fn:37]] Under article 27, a State party’s decision-making that may substantively compromise the way of life and culture of a minority group should be undertaken in a process of information-sharing and consultation with affected communities.[[fn:38]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":33,"text":"See communication No. 633/95, Gauthier v. Canada."},{"n":34,"text":"See communication No. 1334/2004, Mavlonov and Sa’di v. Uzbekistan."},{"n":35,"text":"See communication No. 726/1996, Zheludkov v. Ukraine, Views adopted on 29 October 2002."},{"n":36,"text":"See the Committee’s general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, para. 33, Official Records of the General Assembly, Sixty-second Session, Supplement No. 40, vol. I (A/62/40 (Vol. I)), annex VI"},{"n":37,"text":"General comment No. 31."},{"n":38,"text":"See communication No. 1457/2006, Poma v. Peru, Views adopted on 27 March 2009."}],"section":["Right of access to information"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"27","source":"regex"}]},{"id":"ccpr-c-gc-34-0019","docId":"ccpr-c-gc-34","idx":19,"n":19,"text":"19. To give effect to the right of access to information, States parties should proactively put in the public domain Government information of public interest. States parties should make every effort to ensure easy, prompt, effective and practical access to such information. States parties should also enact the necessary procedures, whereby one may gain access to information, such as by means of freedom of information legislation.[[fn:39]] The procedures should provide for the timely processing of requests for information according to clear rules that are compatible with the Covenant. Fees for requests for information should not be such as to constitute an unreasonable impediment to access to information. Authorities should provide reasons for any refusal to provide access to information. Arrangements should be put in place for appeals from refusals to provide access to information as well as in cases of failure to respond to requests.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":39,"text":"Concluding observations on Azerbaijan (CCPR/C/79/Add.38 (1994))."}],"section":["Right of access to information"]},{"id":"ccpr-c-gc-34-0020","docId":"ccpr-c-gc-34","idx":20,"n":20,"text":"20. The Committee, in general comment No. 25 on participation in public affairs and the right to vote, elaborated on the importance of freedom of expression for the conduct of public affairs and the effective exercise of the right to vote. The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues and to inform public opinion without censorship or restraint.[[fn:40]] The attention of States parties is drawn to the guidance that general comment No. 25 provides with regard to the promotion and the protection of freedom of expression in that context.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":40,"text":"See General comment No. 25 on article 25 of the Covenant, para. 25."}],"section":["Freedom of expression and political rights"]},{"id":"ccpr-c-gc-34-0021","docId":"ccpr-c-gc-34","idx":21,"n":21,"text":"21. Paragraph 3 expressly states that the exercise of the right to freedom of expression carries with it special duties and responsibilities. For this reason two limitative areas of restrictions on the right are permitted, which may relate either to respect of the rights or reputations of others or to the protection of national security or of public order (ordre public) or of public health or morals. However, when a State party imposes restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself. The Committee recalls that the relation between right and restriction and between norm and exception must not be reversed.[[fn:41]] The Committee also recalls the provisions of article 5, paragraph 1, of the Covenant according to which “nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant”.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":41,"text":"See the Committee’s general comment No. 27 on article 12, Official Records of the General Assembly, Fifty-fifth Session, Supplement No. 40, vol. I (A/55/40 (Vol. I)), annex VI, sect. A"}],"section":["The application of article 19 (3)"],"citedArticles":[{"treaty":"ICCPR","article":"5","source":"regex"}]},{"id":"ccpr-c-gc-34-0022","docId":"ccpr-c-gc-34","idx":22,"n":22,"text":"22. Paragraph 3 lays down specific conditions and it is only subject to these conditions that restrictions may be imposed: the restrictions must be “provided by law”; they may only be imposed for one of the grounds set out in subparagraphs (a) and (b) of paragraph 3; and they must conform to the strict tests of necessity and proportionality.[[fn:42]] Restrictions are not allowed on grounds not specified in paragraph 3, even if such grounds would justify restrictions to other rights protected in the Covenant. Restrictions must be applied only for those purposes for which they were prescribed and must be directly related to the specific need on which they are predicated.[[fn:43]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":42,"text":"See communication No. 1022/2001, Velichkin v. Belarus, Views adopted on 20 October 2005."},{"n":43,"text":"See the Committee’s general comment No. 22, Official Records of the General Assembly, Forty-eighth Session, Supplement No. 40 (A/48/40), annex VI"}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0023","docId":"ccpr-c-gc-34","idx":23,"n":23,"text":"23. States parties should put in place effective measures to protect against attacks aimed at silencing those exercising their right to freedom of expression. Paragraph 3 may never be invoked as a justification for the muzzling of any advocacy of multi-party democracy, democratic tenets and human rights.[[fn:44]] Nor, under any circumstance, can an attack on a person, because of the exercise of his or her freedom of opinion or expression, including such forms of attack as arbitrary arrest, torture, threats to life and killing, be compatible with article 19.[[fn:45]] Journalists are frequently subjected to such threats, intimidation and attacks because of their activities.[[fn:46]] So too are persons who engage in the gathering and analysis of information on the human rights situation and who publish human rights-related reports, including judges and lawyers.[[fn:47]] All such attacks should be vigorously investigated in a timely fashion, and the perpetrators prosecuted,[[fn:48]] and the victims, or, in the case of killings, their representatives, be in receipt of appropriate forms of redress.[[fn:49]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":44,"text":"See communication No. 458/91, Mukong v. Cameroon, Views adopted on 21 July 1994."},{"n":45,"text":"See communication No. 1353/2005, Njaru v. Cameroon, Views adopted on 19 March 2007."},{"n":46,"text":"See, for instance, concluding observations on Algeria (CCPR/C/DZA/CO/3); concluding observations on Costa Rica (CCPR/C/CRI/CO/5); concluding observations on Sudan (CCPR/C/SDN/CO/3)."},{"n":47,"text":"See communication No. 1353/2005, Njaru v. Cameroon ; concluding observations on Nicaragua (CCPR/C/NIC/CO/3); concluding observations on Tunisia (CCPR/C/TUN/CO/5); concluding observations on the Syrian Arab Republic (CCPR/CO/84/SYR); concluding observations on Colombia (CCPR/CO/80/COL)."},{"n":48,"text":"Ibid. and concluding observations on Georgia (CCPR/C/GEO/CO/3)."},{"n":49,"text":"Concluding observations on Guyana (CCPR/C/79/Add.121)."}],"section":["The application of article 19 (3)"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0024","docId":"ccpr-c-gc-34","idx":24,"n":24,"text":"24. Restrictions must be provided by law. Law may include laws of parliamentary privilege[[fn:50]] and laws of contempt of court.[[fn:51]] Since any restriction on freedom of expression constitutes a serious curtailment of human rights, it is not compatible with the Covenant for a restriction to be enshrined in traditional, religious or other such customary law.[[fn:52]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":50,"text":"See communication No. 633/95, Gauthier v. Canada."},{"n":51,"text":"See communication No. 1373/2005, Dissanayake v. Sri Lanka, Views adopted on 22 July 2008."},{"n":52,"text":"See general comment No. 32."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0025","docId":"ccpr-c-gc-34","idx":25,"n":25,"text":"25. For the purposes of paragraph 3, a norm, to be characterized as a “law”, must be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly[[fn:53]] and it must be made accessible to the public. A law may not confer unfettered discretion for the restriction of freedom of expression on those charged with its execution.[[fn:54]] Laws must provide sufficient guidance to those charged with their execution to enable them to ascertain what sorts of expression are properly restricted and what sorts are not.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":53,"text":"See communication No. 578/1994, de Groot v. The Netherlands, Views adopted on 14 July 1995."},{"n":54,"text":"See general comment No. 27."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0026","docId":"ccpr-c-gc-34","idx":26,"n":26,"text":"26. Laws restricting the rights enumerated in article 19, paragraph 2, including the laws referred to in paragraph 24, must not only comply with the strict requirements of article 19, paragraph 3 of the Covenant but must also themselves be compatible with the provisions, aims and objectives of the Covenant.[[fn:55]] Laws must not violate the non-discrimination provisions of the Covenant. Laws must not provide for penalties that are incompatible with the Covenant, such as corporal punishment.[[fn:56]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":55,"text":"See communication No. 488/1992, Toonen v. Australia, Views adopted on 30 March 1994."},{"n":56,"text":"General comment No. 20, Official Records of the General Assembly, Forty-seventh Session, Supplement No. 40 (A/47/40), annex VI, sect. A."}],"section":["The application of article 19 (3)"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0027","docId":"ccpr-c-gc-34","idx":27,"n":27,"text":"27. It is for the State party to demonstrate the legal basis for any restrictions imposed on freedom of expression.[[fn:57]] If, with regard to a particular State party, the Committee has to consider whether a particular restriction is imposed by law, the State party should provide details of the law and of actions that fall within the scope of the law.[[fn:58]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":57,"text":"See communication No. 1553/2007, Korneenko et al. v. Belarus, Views adopted on 31 October 2006."},{"n":58,"text":"See communication No. 132/1982, Jaona v. Madagascar, Views adopted on 1 April 1985."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0028","docId":"ccpr-c-gc-34","idx":28,"n":28,"text":"28. The first of the legitimate grounds for restriction listed in paragraph 3 is that of respect for the rights or reputations of others. The term “rights” includes human rights as recognized in the Covenant and more generally in international human rights law. For example, it may be legitimate to restrict freedom of expression in order to protect the right to vote under article 25, as well as rights article under 17 (see para. 37).[[fn:59]] Such restrictions must be constructed with care: while it may be permissible to protect voters from forms of expression that constitute intimidation or coercion, such restrictions must not impede political debate, including, for example, calls for the boycotting of a non-compulsory vote.[[fn:60]] The term “others” relates to other persons individually or as members of a community.[[fn:61]] Thus, it may, for instance, refer to individual members of a community defined by its religious faith[[fn:62]] or ethnicity.[[fn:63]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":59,"text":"See communication No. 927/2000, Svetik v. Belarus, Views adopted on 8 July 2004."},{"n":60,"text":"Ibid."},{"n":61,"text":"See communication No. 736/97, Ross v. Canada, Views adopted on 18 October 2000."},{"n":62,"text":"See communication No. 550/93, Faurisson v. France; concluding observations on Austria (CCPR/C/AUT/CO/4)."},{"n":63,"text":"Concluding observations on Slovakia (CCPR/CO/78/SVK); concluding observations on Israel (CCPR/CO/78/ISR)."}],"section":["The application of article 19 (3)"],"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-gc-34-0029","docId":"ccpr-c-gc-34","idx":29,"n":29,"text":"29. The second legitimate ground is that of protection of national security or of public order (ordre public), or of public health or morals.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0030","docId":"ccpr-c-gc-34","idx":30,"n":30,"text":"30. Extreme care must be taken by States parties to ensure that treason laws[[fn:64]] and similar provisions relating to national security, whether described as official secrets or sedition laws or otherwise, are crafted and applied in a manner that conforms to the strict requirements of paragraph 3. It is not compatible with paragraph 3, for instance, to invoke such laws to suppress or withhold from the public information of legitimate public interest that does not harm national security or to prosecute journalists, researchers, environmental activists, human rights defenders, or others, for having disseminated such information.[[fn:65]] Nor is it generally appropriate to include in the remit of such laws such categories of information as those relating to the commercial sector, banking and scientific progress.[[fn:66]] The Committee has found in one case that a restriction on the issuing of a statement in support of a labour dispute, including for the convening of a national strike, was not permissible on the grounds of national security.[[fn:67]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":64,"text":"Concluding observations on Hong Kong (CCPR/C/HKG/CO/2)."},{"n":65,"text":"Concluding observations on the Russian Federation (CCPR/CO/79/RUS)."},{"n":66,"text":"y ? Concluding observations on Uzbekistan (CCPR/CO/71/UZB)."},{"n":67,"text":"See communication No. 518/1992, Sohn v. Republic of Korea, Views adopted on 18 March 1994."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0031","docId":"ccpr-c-gc-34","idx":31,"n":31,"text":"31. On the basis of maintenance of public order (ordre public) it may, for instance, be permissible in certain circumstances to regulate speech-making in a particular public place.[[fn:68]] Contempt of court proceedings relating to forms of expression may be tested against the public order (ordre public) ground. In order to comply with paragraph 3, such proceedings and the penalty imposed must be shown to be warranted in the exercise of a court’s power to maintain orderly proceedings.[[fn:69]] Such proceedings should not in any way be used to restrict the legitimate exercise of defence rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":68,"text":"See communication No. 1157/2003, Coleman v. Australia."},{"n":69,"text":"See communication No. 1373/2005, Dissanayake v. Sri Lanka."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0032","docId":"ccpr-c-gc-34","idx":32,"n":32,"text":"32. The Committee observed in general comment No. 22, that “the concept of morals derives from many social, philosophical and religious traditions; consequently, limitations... for the purpose of protecting morals must be based on principles not deriving exclusively from a single tradition”. Any such limitations must be understood in the light of universality of human rights and the principle of non-discrimination","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0033","docId":"ccpr-c-gc-34","idx":33,"n":33,"text":"33. Restrictions must be “necessary” for a legitimate purpose. Thus, for instance, a prohibition on commercial advertising in one language, with a view to protecting the language of a particular community, violates the test of necessity if the protection could be achieved in other ways that do not restrict freedom of expression.[[fn:70]] On the other hand, the Committee has considered that a State party complied with the test of necessity when it transferred a teacher who had published materials that expressed hostility toward a religious community to a non-teaching position in order to protect the right and freedom of children of that faith in a school district.[[fn:71]]","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":70,"text":"See communication No. 359, 385/89, Ballantyne , Davidson and McIntyre v. Canada."},{"n":71,"text":"See communication No. 736/97, Ross v. Canada, Views adopted on 17 July 2006."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0034","docId":"ccpr-c-gc-34","idx":34,"n":34,"text":"34. Restrictions must not be overbroad. The Committee observed in general comment No. 27 that “restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve their protective function; they must be proportionate to the interest to be protected…The principle of proportionality has to be respected not only in the law that frames the restrictions but also by the administrative and judicial authorities in applying the law”.[[fn:72]] The principle of proportionality must also take account of the form of expression at issue as well as the means of its dissemination. For instance, the value placed by the Covenant upon uninhibited expression is particularly high in the circumstances of public debate in a democratic society concerning figures in the public and political domain.[[fn:73]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":72,"text":"General comment No. 27, para. 14. See also Communications No. 1128/2002, Marques v. Angola; No. 1157/2003, Coleman v. Australia."},{"n":73,"text":"See communication No. 1180/2003, Bodrozic v. Serbia and Montenegro, Views adopted on 31 October 2005."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0035","docId":"ccpr-c-gc-34","idx":35,"n":35,"text":"35. When a State party invokes a legitimate ground for restriction of freedom of expression, it must demonstrate in specific and individualized fashion the precise nature of the threat, and the necessity and proportionality of the specific action taken, in particular by establishing a direct and immediate connection between the expression and the threat.[[fn:74]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":74,"text":"See communication No. 926/2000, Shin v. Republic of Korea ."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0036","docId":"ccpr-c-gc-34","idx":36,"n":36,"text":"36. The Committee reserves to itself an assessment of whether, in a given situation, there may have been circumstances which made a restriction of freedom of expression necessary.[[fn:75]] In this regard, the Committee recalls that the scope of this freedom is not to be assessed by reference to a “margin of appreciation”[[fn:76]] and in order for the Committee to carry out this function, a State party, in any given case, must demonstrate in specific fashion the precise nature of the threat to any of the enumerated grounds listed in paragraph 3 that has caused it to restrict freedom of expression.[[fn:77]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":75,"text":"See communication No. 518/1992, Sohn v. Republic of Korea ."},{"n":76,"text":"See communication No. 511/1992, Ilmari Länsman, et al. v. Finland, Views adopted on 14 October 1993."},{"n":77,"text":"See communications Nos. 518/92, Sohn v. Republic of Korea; No. 926/2000, Shin v. Republic of Korea,."}],"section":["The application of article 19 (3)"]},{"id":"ccpr-c-gc-34-0037","docId":"ccpr-c-gc-34","idx":37,"n":37,"text":"37. Among restrictions on political discourse that have given the Committee cause for concern are the prohibition of door-to-door canvassing,[[fn:78]] restrictions on the number and type of written materials that may be distributed during election campaigns,[[fn:79]] blocking access during election periods to sources, including local and international media, of political commentary,[[fn:80]] and limiting access of opposition parties and politicians to media outlets.[[fn:81]] Every restriction should be compatible with paragraph 3. However, it may be legitimate for a State party to restrict political polling imminently preceding an election in order to maintain the integrity of the electoral process.[[fn:82]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":78,"text":"Concluding observations on Japan (CCPR/C/JPN/CO/5)."},{"n":79,"text":"Ibid."},{"n":80,"text":"Concluding observations on Tunisia (CCPR/C/TUN/CO/5)."},{"n":81,"text":"Concluding observations on Togo (CCPR/CO/76/TGO); concluding observations on Moldova (CCPR/CO/75/MDA)."},{"n":82,"text":"See communication No. 968/2001, Kim v. Republic of Korea, Views adopted on 14 March 1996."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0038","docId":"ccpr-c-gc-34","idx":38,"n":38,"text":"38. As noted earlier in paragraphs 13 and 20, concerning the content of political discourse, the Committee has observed that in circumstances of public debate concerning public figures in the political domain and public institutions, the value placed by the Covenant upon uninhibited expression is particularly high.[[fn:83]] Thus, the mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties, albeit public figures may also benefit from the provisions of the Covenant.[[fn:84]] Moreover, all public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political opposition.[[fn:85]] Accordingly, the Committee expresses concern regarding laws on such matters as, lese majesty,[[fn:86]] desacato,[[fn:87]] disrespect for authority,[[fn:88]] disrespect for flags and symbols, defamation of the head of state[[fn:89]] and the protection of the honour of public officials,[[fn:90]] and laws should not provide for more severe penalties solely on the basis of the identity of the person that may have been impugned. States parties should not prohibit criticism of institutions, such as the army or the administration.[[fn:91]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":83,"text":"See communication No. 1180/2003, Bodrozic v. Serbia and Montenegro, Views adopted on 31 October 2005."},{"n":84,"text":"Ibid."},{"n":85,"text":"See communication No. 1128/2002, Marques v. Angola."},{"n":86,"text":"See communications Nos. 422-424/1990, Aduayom et al. v. Togo, Views adopted on 30 June 1994."},{"n":87,"text":"Concluding observations on the Dominican Republic (CCPR/CO/71/DOM)."},{"n":88,"text":"Concluding observations on Honduras (CCPR/C/HND/CO/1)."},{"n":89,"text":"See concluding observations on Zambia (CCPR/ZMB/CO/3), para.25."},{"n":90,"text":"See concluding observations on Costa Rica (CCPR/C/CRI/CO/5), para. 11."},{"n":91,"text":"Ibid., and see concluding observations on Tunisia (CCPR/C/TUN/CO/5), para. 91.."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0039","docId":"ccpr-c-gc-34","idx":39,"n":39,"text":"39. States parties should ensure that legislative and administrative frameworks for the regulation of the mass media are consistent with the provisions of paragraph 3.[[fn:92]] Regulatory systems should take into account the differences between the print and broadcast sectors and the internet, while also noting the manner in which various media converge. It is incompatible with article 19 to refuse to permit the publication of newspapers and other print media other than in the specific circumstances of the application of paragraph 3. Such circumstances may never include a ban on a particular publication unless specific content, that is not severable, can be legitimately prohibited under paragraph 3. States parties must avoid imposing onerous licensing conditions and fees on the broadcast media, including on community and commercial stations.[[fn:93]] The criteria for the application of such conditions and licence fees should be reasonable and objective,[[fn:94]] clear,[[fn:95]] transparent,[[fn:96]] non-discriminatory and otherwise in compliance with the Covenant.[[fn:97]] Licensing regimes for broadcasting via media with limited capacity, such as audiovisual terrestrial and satellite services should provide for an equitable allocation of access and frequencies between public, commercial and community broadcasters. It is recommended that States parties that have not already done so should establish an independent and public broadcasting licensing authority, with the power to examine broadcasting applications and to grant licenses.[[fn:98]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":92,"text":"See concluding observations on Viet Nam (CCPR/CO/75/VNM), para. 18, and concluding observations on Lesotho (CCPR/CO/79/Add.106), para. 23."},{"n":93,"text":"Concluding observations on Gambia (CCPR/CO/75/GMB)."},{"n":94,"text":"See concluding observations on Lebanon (CCPR/CO/79/Add.78), para. 25."},{"n":95,"text":"Concluding observations on Kuwait (CCPR/CO/69/KWT); concluding observations on Ukraine (CCPR/CO/73/UKR)."},{"n":96,"text":"Concluding observations on Kyrgyzstan (CCPR/CO/69/KGZ)."},{"n":97,"text":"Concluding observations on Ukraine (CCPR/CO/73/UKR)."},{"n":98,"text":"Concluding observations on Lebanon (CCPR/CO/79/Add.78)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0040","docId":"ccpr-c-gc-34","idx":40,"n":40,"text":"40. The Committee reiterates its observation in general comment No. 10 that “because of the development of modern mass media, effective measures are necessary to prevent such control of the media as would interfere with the right of everyone to freedom of expression”. The State should not have monopoly control over the media and should promote plurality of the media.[[fn:99]] Consequently, States parties should take appropriate action, consistent with the Covenant, to prevent undue media dominance or concentration by privately controlled media groups in monopolistic situations that may be harmful to a diversity of sources and views.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":99,"text":"See concluding observations on Guyana (CCPR/CO/79/Add.121), para. 19; concluding observations on the Russian Federation (CCPR/CO/79/RUS); concluding observations on Viet Nam (CCPR/CO/75/VNM); concluding observations on Italy (CCPR/C/79/Add. 37)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0041","docId":"ccpr-c-gc-34","idx":41,"n":41,"text":"41. Care must be taken to ensure that systems of government subsidy to media outlets and the placing of government advertisements[[fn:100]] are not employed to the effect of impeding freedom of expression.[[fn:101]] Furthermore, private media must not be put at a disadvantage compared to public media in such matters as access to means of dissemination/distribution and access to news.[[fn:102]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":100,"text":"See concluding observations on Lesotho (CCPR/CO/79/Add.106), para. 22."},{"n":101,"text":"Concluding observations on Ukraine (CCPR/CO/73/UKR)."},{"n":102,"text":"Concluding observations on Sri Lanka (CCPR/CO/79/LKA); and see concluding observations on Togo (CCPR/CO/76/TGO), para. 17."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0042","docId":"ccpr-c-gc-34","idx":42,"n":42,"text":"42. The penalization of a media outlet, publishers or journalist solely for being critical of the government or the political social system espoused by the government[[fn:103]]can never be considered to be a necessary restriction of freedom of expression.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":103,"text":"Concluding observations on Peru (CCPR/CO/70/PER)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0043","docId":"ccpr-c-gc-34","idx":43,"n":43,"text":"43. Any restrictions on the operation of websites, blogs or any other internet-based, electronic or other such information dissemination system, including systems to support such communication, such as internet service providers or search engines, are only permissible to the extent that they are compatible with paragraph 3. Permissible restrictions generally should be content-specific; generic bans on the operation of certain sites and systems are not compatible with paragraph 3. It is also inconsistent with paragraph 3 to prohibit a site or an information dissemination system from publishing material solely on the basis that it may be critical of the government or the political social system espoused by the government.[[fn:104]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":104,"text":"Concluding observations on the Syrian Arab Republic (CCPR/CO/84/SYR)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0044","docId":"ccpr-c-gc-34","idx":44,"n":44,"text":"44. Journalism is a function shared by a wide range of actors, including professional full-time reporters and analysts, as well as bloggers and others who engage in forms of self-publication in print, on the internet or elsewhere, and general State systems of registration or licensing of journalists are incompatible with paragraph 3. Limited accreditation schemes are permissible only where necessary to provide journalists with privileged access to certain places and/or events. Such schemes should be applied in a manner that is non-discriminatory and compatible with article 19 and other provisions of the Covenant, based on objective criteria and taking into account that journalism is a function shared by a wide range of actors.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0045","docId":"ccpr-c-gc-34","idx":45,"n":45,"text":"45. It is normally incompatible with paragraph 3 to restrict the freedom of journalists and others who seek to exercise their freedom of expression (such as persons who wish to travel to human rights-related meetings)[[fn:105]] to travel outside the State party, to restrict the entry into the State party of foreign journalists to those from specified countries[[fn:106]] or to restrict freedom of movement of journalists and human rights investigators within the State party (including to conflict-affected locations, the sites of natural disasters and locations where there are allegations of human rights abuses). States parties should recognize and respect that element of the right of freedom of expression that embraces the limited journalistic privilege not to disclose information sources.[[fn:107]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":105,"text":"Concluding observations on Uzbekistan (CCPR/CO/83/UZB); concluding observations on Morocco (CCPR/CO/82/MAR)."},{"n":106,"text":"Concluding observations on Democratic People’s Republic of Korea (CCPR/CO/72/PRK)."},{"n":107,"text":"Concluding observations on Kuwait (CCPR/CO/69/KWT)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0046","docId":"ccpr-c-gc-34","idx":46,"n":46,"text":"46. States parties should ensure that counter-terrorism measures are compatible with paragraph 3. Such offences as “encouragement of terrorism”[[fn:108]] and “extremist activity”[[fn:109]] as well as offences of “praising”, “glorifying”, or “justifying” terrorism, should be clearly defined to ensure that they do not lead to unnecessary or disproportionate interference with freedom of expression. Excessive restrictions on access to information must also be avoided. The media plays a crucial role in informing the public about acts of terrorism and its capacity to operate should not be unduly restricted. In this regard, journalists should not be penalized for carrying out their legitimate activities.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":108,"text":"Concluding observations on the United Kingdom of Great Britain and Northern Ireland (CCPR/C/GBR/CO/6)."},{"n":109,"text":"Concluding observations on the Russian Federation (CCPR/CO/79/RUS)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0047","docId":"ccpr-c-gc-34","idx":47,"n":47,"text":"47. Defamation laws must be crafted with care to ensure that they comply with paragraph 3, and that they do not serve, in practice, to stifle freedom of expression.[[fn:110]] All such laws, in particular penal defamation laws, should include such defences as the defence of truth and they should not be applied with regard to those forms of expression that are not, of their nature, subject to verification. At least with regard to comments about public figures, consideration should be given to avoiding penalizing or otherwise rendering unlawful untrue statements that have been published in error but without malice.[[fn:111]] In any event, a public interest in the subject matter of the criticism should be recognized as a defence. Care should be taken by States parties to avoid excessively punitive measures and penalties. Where relevant, States parties should place reasonable limits on the requirement for a defendant to reimburse the expenses of the successful party.[[fn:112]] States parties should consider the decriminalization of defamation[[fn:113]] and, in any case, the application of the criminal law should only be countenanced in the most serious of cases and imprisonment is never an appropriate penalty. It is impermissible for a State party to indict a person for criminal defamation but then not to proceed to trial expeditiously – such a practice has a chilling effect that may unduly restrict the exercise of freedom of expression of the person concerned and others.[[fn:114]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":110,"text":"Concluding observations on the United Kingdom of Great Britain and Northern Ireland (CCPR/C/GBR/CO/6)."},{"n":111,"text":"Ibid."},{"n":112,"text":"Ibid."},{"n":113,"text":"Concluding observations on Italy (CCPR/C/ITA/CO/5); concluding observations on the Former Yugoslav Republic of Macedonia (CCPR/C/MKD/CO/2)."},{"n":114,"text":"See communication No. 909/2000, Kankanamge v. Sri Lanka, Views adopted on 27 July 2004."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"]},{"id":"ccpr-c-gc-34-0048","docId":"ccpr-c-gc-34","idx":48,"n":48,"text":"48. Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant, except in the specific circumstances envisaged in article 20, paragraph 2, of the Covenant. Such prohibitions must also comply with the strict requirements of article 19, paragraph 3, as well as such articles as 2, 5, 17, 18 and 26. Thus, for instance, it would be impermissible for any such laws to discriminate in favour of or against one or certain religions or belief systems, or their adherents over another, or religious believers over non-believers. Nor would it be permissible for such prohibitions to be used to prevent or punish criticism of religious leaders or commentary on religious doctrine and tenets of faith.[[fn:115]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":115,"text":"Concluding observations on the United Kingdom of Great Britain and Northern Ireland-the Crown Dependencies of Jersey, Guernsey and the Isle of Man (CCPR/C/79/Add.119). See also concluding observations on Kuwait (CCPR/CO/69/KWT)."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0049","docId":"ccpr-c-gc-34","idx":49,"n":49,"text":"49. Laws that penalize the expression of opinions about historical facts are incompatible with the obligations that the Covenant imposes on States parties in relation to the respect for freedom of opinion and expression.[[fn:116]] The Covenant does not permit general prohibition of expressions of an erroneous opinion or an incorrect interpretation of past events. Restrictions on the right of freedom of opinion should never be imposed and, with regard to freedom of expression, they should not go beyond what is permitted in paragraph 3 or required under article 20.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":116,"text":"So called “memory-laws”, see communication No. , No. 550/93, Faurisson v. France. See also concluding observations on Hungary (CCPR/C/HUN/CO/5) paragraph 19."}],"section":["Limitative scope of restrictions on freedom of expression in certain specific areas"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"ccpr-c-gc-34-0050","docId":"ccpr-c-gc-34","idx":50,"n":50,"text":"50. Articles 19 and 20 are compatible with and complement each other. The acts that are addressed in article 20 are all subject to restriction pursuant to article 19, paragraph 3. As such, a limitation that is justified on the basis of article 20 must also comply with article 19, paragraph 3.[[fn:117]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"footnotes":[{"n":117,"text":"See communication No. 736/1997, Ross v. Canada, Views adopted on 18 October 2000."}],"section":["The relationship between articles 19 and 20"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0051","docId":"ccpr-c-gc-34","idx":51,"n":51,"text":"51. What distinguishes the acts addressed in article 20 from other acts that may be subject to restriction under article 19, paragraph 3, is that for the acts addressed in article 20, the Covenant indicates the specific response required from the State: their prohibition by law. It is only to this extent that article 20 may be considered as lex specialis with regard to article 19.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["The relationship between articles 19 and 20"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-34-0052","docId":"ccpr-c-gc-34","idx":52,"n":52,"text":"52. It is only with regard to the specific forms of expression indicated in article 20 that States parties are obliged to have legal prohibitions. In every case in which the State restricts freedom of expression it is necessary to justify the prohibitions and their provisions in strict conformity with article 19.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2011,"section":["The relationship between articles 19 and 20"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-35-0001","docId":"ccpr-c-gc-35","idx":1,"n":1,"text":"The present general comment replaces general comment No. 8 (sixteenth session), adopted in 1982.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"section":["I. General remarks"]},{"id":"ccpr-c-gc-35-0002","docId":"ccpr-c-gc-35","idx":2,"n":2,"text":"Article 9 recognizes and protects both liberty of person and security of person. In the Universal Declaration of Human Rights, article 3 proclaims that everyone has the right to life, liberty and security of person. That is the first substantive right protected by the Universal Declaration, which indicates the profound importance of article 9 of the Covenant both for individuals and for society as a whole. Liberty and security of person are precious for their own sake, and also because the deprivation of liberty and security of person have historically been principal means for impairing the enjoyment of other rights.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"section":["I. General remarks"],"citedArticles":[{"article":"9","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text opens 'Article 9 recognizes and protects both liberty of person and security of person'; ccpr-c-gc-35 is the GC on art. 9 ICCPR (home_treaty)."},{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text states 'In the Universal Declaration of Human Rights, article 3 proclaims...' - UDHR is a declaration, not an in-scope treaty."},{"article":"9","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text states 'article 9 of the Covenant'; in CCPR GC the Covenant is ICCPR."}]},{"id":"ccpr-c-gc-35-0003","docId":"ccpr-c-gc-35","idx":3,"n":3,"text":"Liberty of person concerns freedom from confinement of the body, not a general freedom of action.[[fn:1]] Security of person concerns freedom from injury to the body and the mind, or bodily and mental integrity, as further discussed in paragraph 9 below. Article 9 guarantees those rights to everyone. “Everyone” includes, among others, girls and boys, soldiers, persons with disabilities, lesbian, gay, bisexual and transgender persons, aliens, refugees and asylum seekers, stateless persons, migrant workers, persons convicted of crime, and persons who have engaged in terrorist activity.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","LGBTI+","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":1,"text":"854/1999, Wackenheim v. France, para. 6.3."}],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0004","docId":"ccpr-c-gc-35","idx":4,"n":4,"text":"Paragraphs 2 to 5 of article 9 set out specific safeguards for the protection of liberty and security of person. Some of the provisions of article 9 (part of paragraph 2 and the whole of paragraph 3) apply only in connection with criminal charges. But the rest, in particular the important guarantee laid down in paragraph 4, i.e. the right to review by a court of the legality of detention, applies to all persons deprived of liberty.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0005","docId":"ccpr-c-gc-35","idx":5,"n":5,"text":"Deprivation of liberty involves more severe restriction of motion within a narrower space than mere interference with liberty of movement under article 12.[[fn:2]]Examples of deprivation of liberty include police custody, arraigo,[[fn:3]] remand detention, imprisonment after conviction, house arrest,[[fn:4]]administrative detention, involuntary hospitalization,[[fn:5]] institutional custody of children and confinement to a restricted area of an airport,[[fn:6]] as well as being involuntarily transported.[[fn:7]]They also include certain further restrictions on a person who is already detained, for example, solitary confinement or the use of physical restraining devices.[[fn:8]] During a period of military service, restrictions that would amount to deprivation of liberty for a civilian may not amount to deprivation of liberty if they do not exceed the exigencies of normal military service or deviate from the normal conditions of life within the armed forces of the State party concerned.[[fn:9]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":2,"text":"263/1987, González del Río v. Peru, para. 5.1; 833/1998, Karker v. France, para. 8.5."},{"n":3,"text":"See concluding observations: Mexico (CCPR/C/MEX/CO/5, 2010), para. 15."},{"n":4,"text":"1134/2002, Gorji-Dinka v. Cameroon, para. 5.4; see also concluding observations: United Kingdom (CCPR/C/GBR/CO/6, 2008), para. 17 (control orders including curfews of up to 16 hours)."},{"n":5,"text":"754/1997, A. v. New Zealand, para. 7.2 (mental health); see concluding observations: Republic of Moldova (CCPR/C/MDA/CO/2, 2009), para. 13 (contagious disease)."},{"n":6,"text":"See concluding observations: Belgium (CCPR/CO/81/BEL, 2004), para. 17 (detention of migrants pending expulsion)."},{"n":7,"text":"R.12/52, Saldías de López v. Uruguay, para. 13."},{"n":8,"text":"See concluding observations: Czech Republic (CCPR/C/CZE/CO/2, 2007), para. 13; and Republic of Korea (CCPR/C/KOR/CO/3, 2006), para. 13."},{"n":9,"text":"265/1987, Vuolanne v. Finland, para. 9.4."}],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"ccpr-c-gc-35-0006","docId":"ccpr-c-gc-35","idx":6,"n":6,"text":"Deprivation of personal liberty is without free consent. Individuals who go voluntarily to a police station to participate in an investigation, and who know that they are free to leave at any time, are not being deprived of their liberty.[[fn:10]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":10,"text":"1758/2008, Jessop v. New Zealand, para. 7.9–7.10."}],"section":["I. General remarks"]},{"id":"ccpr-c-gc-35-0007","docId":"ccpr-c-gc-35","idx":7,"n":7,"text":"States parties have the duty to take appropriate measures to protect the right to liberty of person against deprivation by third parties.[[fn:11]] States parties must protect individuals against abduction or detention by individual criminals or irregular groups, including armed or terrorist groups, operating within their territory. They must also protect individuals against wrongful deprivation of liberty by lawful organizations, such as employers, schools and hospitals. States parties should do their utmost to take appropriate measures to protect individuals against deprivation of liberty by the action of other States within their territory.[[fn:12]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":11,"text":"See concluding observations: Yemen (CCPR/C/YEM/CO/5, 2012), para. 24."},{"n":12,"text":"319/1988, Cañón García v. Ecuador, paras. 5.1–5.2."}],"section":["I. General remarks"]},{"id":"ccpr-c-gc-35-0008","docId":"ccpr-c-gc-35","idx":8,"n":8,"text":"When private individuals or entities are empowered or authorized by a State party to exercise powers of arrest or detention, the State party remains responsible for adherence and ensuring adherence to article 9. It must rigorously limit those powers and must provide strict and effective control to ensure that those powers are not misused, and do not lead to arbitrary or unlawful arrest or detention. It must also provide effective remedies for victims if arbitrary or unlawful arrest or detention does occur.[[fn:13]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":13,"text":"See concluding observations: Guatemala (CCPR/C/GTM/CO/3, 2012), para. 16."}],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0009","docId":"ccpr-c-gc-35","idx":9,"n":9,"text":"The right to security of person protects individuals against intentional infliction of bodily or mental injury, regardless of whether the victim is detained or non-detained. For example, officials of States parties violate the right to personal security when they unjustifiably inflict bodily injury.[[fn:14]]The right to personal security also obliges States parties to take appropriate measures in response to death threats against persons in the public sphere, and more generally to protect individuals from foreseeable threats to life or bodily integrity proceeding from any governmental or private actors.[[fn:15]] States parties must take both measures to prevent future injury and retrospective measures, such as enforcement of criminal laws, in response to past injury. For example, States parties must respond appropriately to patterns of violence against categories of victims such as intimidation of human rights defenders and journalists, retaliation against witnesses, violence against women, including domestic violence, the hazing of conscripts in the armed forces, violence against children, violence against persons on the basis of their sexual orientation or gender identity,[[fn:16]] and violence against persons with disabilities.[[fn:17]] They should also prevent and redress unjustifiable use of force in law enforcement,[[fn:18]] and protect their populations against abuses by private security forces, and against the risks posed by excessive availability of firearms.[[fn:19]] The right to security of person does not address all risks to physical or mental health and is not implicated in the indirect health impact of being the target of civil or criminal proceedings.[[fn:20]]","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":14,"text":"613/1995, Leehong v. Jamaica, para. 9.3."},{"n":15,"text":"1560/2007, Marcellana and Gumanoy v. Philippines, para. 7.7. States parties also violate the right to security of person if they purport to exercise jurisdiction over a person outside their territory by issuing a fatwa or similar death sentence authorizing the killing of the victim. See concluding observations: Islamic Republic of Iran (CCPR/C/79/Add.25, 1993), para. 9; paragraph 63 below (discussing extraterritorial application)."},{"n":16,"text":"See concluding observations: El Salvador (CCPR/CO/78/SLV, 2003), para. 16."},{"n":17,"text":"See concluding observations: Norway (CCPR/C/NOR/CO/6, 2011), para. 10."},{"n":18,"text":"613/1995, Leehong v. Jamaica, paras. 9.3; see Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)."},{"n":19,"text":"See concluding observations: Philippines (CCPR/C/PHL/CO/4, 2012), para. 14."},{"n":20,"text":"1124/2002, Obodzinsky v. Canada, para. 8.5."}],"section":["I. General remarks"]},{"id":"ccpr-c-gc-35-0010","docId":"ccpr-c-gc-35","idx":10,"n":10,"text":"The right to liberty of person is not absolute. Article 9 recognizes that sometimes deprivation of liberty is justified, for example, in the enforcement of criminal laws. Paragraph 1 requires that deprivation of liberty must not be arbitrary, and must be carried out with respect for the rule of law.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0011","docId":"ccpr-c-gc-35","idx":11,"n":11,"text":"The second sentence of paragraph 1 prohibits arbitrary arrest and detention, while the third sentence prohibits unlawful deprivation of liberty, i.e., deprivation of liberty that is not imposed on such grounds and in accordance with such procedure as are established by law. The two prohibitions overlap, in that arrests or detentions may be in violation of the applicable law but not arbitrary, or legally permitted but arbitrary, or both arbitrary and unlawful. Arrest or detention that lacks any legal basis is also arbitrary.[[fn:21]] Unauthorized confinement of prisoners beyond the length of their sentences is arbitrary as well as unlawful;[[fn:22]] the same is true for unauthorized extension of other forms of detention. Continued confinement of detainees in defiance of a judicial order for their release is arbitrary as well as unlawful.[[fn:23]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":21,"text":"414/1990, Mika Miha v. Equatorial Guinea, para. 6.5."},{"n":22,"text":"See concluding observations: Brazil (CCPR/C/BRA/CO/2, 2005), para. 16."},{"n":23,"text":"856/1999, Chambala v. Zambia, para. 7.3."}],"section":["II. Arbitrary detention and unlawful detention"]},{"id":"ccpr-c-gc-35-0012","docId":"ccpr-c-gc-35","idx":12,"n":12,"text":"An arrest or detention may be authorized by domestic law and nonetheless be arbitrary. The notion of “arbitrariness” is not to be equated with “against the law”, but must be interpreted more broadly to include elements of inappropriateness, injustice, lack of predictability and due process of law,[[fn:24]] as well as elements of reasonableness, necessity and proportionality. For example, remand in custody on criminal charges must be reasonable and necessary in all the circumstances.[[fn:25]] Aside from judicially imposed sentences for a fixed period of time, the decision to keep a person in any form of detention is arbitrary if it is not subject to periodic re-evaluation of the justification for continuing the detention.[[fn:26]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":24,"text":"1134/2002, Gorji-Dinka v. Cameroon, para. 5.1; 305/1988, Van Alphen v. Netherlands, para. 5.8."},{"n":25,"text":"1369/2005, Kulov v. Kyrgyzstan, para. 8.3. Pretrial detention in criminal cases is further discussed in section IV below."},{"n":26,"text":"1324/2004, Shafiq v. Australia, para. 7.2."}],"section":["II. Arbitrary detention and unlawful detention"]},{"id":"ccpr-c-gc-35-0013","docId":"ccpr-c-gc-35","idx":13,"n":13,"text":"The term “arrest” refers to any apprehension of a person that commences a deprivation of liberty, and the term “detention” refers to the deprivation of liberty that begins with the arrest and continues in time from apprehension until release.[[fn:27]] Arrest within the meaning of article 9 need not involve a formal arrest as defined under domestic law.[[fn:28]] When an additional deprivation of liberty is imposed on a person already in custody, such as detention on unrelated criminal charges, the commencement of that deprivation of liberty also amounts to an arrest.[[fn:29]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":27,"text":"631/1995, Spakmo v. Norway, para. 6.3."},{"n":28,"text":"1460/2006, Yklymova v. Turkmenistan, paras. 7.2–7.3 (de facto house arrest); 1096/2002, Kurbanova v. Tajikistan, para. 7.2 (detention prior to arrest warrant)."},{"n":29,"text":"635/1995, Morrison v. Jamaica, paras. 22.2–22.3; 1397/2005, Engo v. Cameroon, para. 7.3."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0014","docId":"ccpr-c-gc-35","idx":14,"n":14,"text":"The Covenant does not provide an enumeration of the permissible reasons for depriving a person of liberty. Article 9 expressly recognizes that individuals may be detained on criminal charges, and article 11 expressly prohibits imprisonment on ground of inability to fulfil a contractual obligation.[[fn:30]] Other regimes involving deprivation of liberty must also be established by law and must be accompanied by procedures that prevent arbitrary detention. The grounds and procedures prescribed by law must not be destructive of the right to liberty of person.[[fn:31]] The regime must not amount to an evasion of the limits on the criminal justice system by providing the equivalent of criminal punishment without the applicable protections.[[fn:32]] Although conditions of detention are addressed primarily by articles 7 and 10, detention may be arbitrary if the manner in which the detainees are treated does not relate to the purpose for which they are ostensibly being detained.[[fn:33]] The imposition of a draconian penalty of imprisonment for contempt of court without adequate explanation and without independent procedural safeguards is arbitrary.[[fn:34]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":30,"text":"Detention for criminal offences such as fraud that are related to civil law debts does not violate article 11, and does not amount to arbitrary detention. 1342/2005, Gavrilin v. Belarus, para. 7.3."},{"n":31,"text":"1629/2007, Fardon v. Australia, para. 7.3."},{"n":32,"text":"Ibid., para. 7.4 (a)–7.4 (c); see concluding observations: United States of America (CCPR/C/USA/CO/3/Rev.1, 2006), para. 19; general comment No. 32, paras. 15 and 18.","isIbid":true,"resolvedText":"1629/2007, Fardon v. Australia, para. 7.3."},{"n":33,"text":"1629/2007, Fardon v. Australia, para. 7.4 (a) (nominally civil detention under same prison regime as prior sentence); see concluding observations: Belgium (CCPR/CO/81/BEL, 2004), para. 18 (placement in prison psychiatric annexes), and United Kingdom (CCPR/CO/73/UK, 2001), para. 16 (detention of asylum seekers in prisons)."},{"n":34,"text":"1189/2003, Fernando v. Sri Lanka, para. 9.2; 1373/2005, Dissanakye v. Sri Lanka, para. 8.3."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"11","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"ccpr-c-gc-35-0015","docId":"ccpr-c-gc-35","idx":15,"n":15,"text":"To the extent that States parties impose security detention (sometimes known as administrative detention or internment) not in contemplation of prosecution on a criminal charge,[[fn:35]] the Committee considers that such detention presents severe risks of arbitrary deprivation of liberty.[[fn:36]] Such detention would normally amount to arbitrary detention as other effective measures addressing the threat, including the criminal justice system, would be available. If, under the most exceptional circumstances, a present, direct and imperative threat is invoked to justify the detention of persons considered to present such a threat, the burden of proof lies on States parties to show that the individual poses such a threat and that it cannot be addressed by alternative measures, and that burden increases with the length of the detention. States parties also need to show that detention does not last longer than absolutely necessary, that the overall length of possible detention is limited and that they fully respect the guarantees provided for by article 9 in all cases. Prompt and regular review by a court or other tribunal possessing the same attributes of independence and impartiality as the judiciary is a necessary guarantee for those conditions, as is access to independent legal advice, preferably selected by the detainee, and disclosure to the detainee of, at least, the essence of the evidence on which the decision is taken.[[fn:37]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":35,"text":"The present paragraph concerns security detention and not the forms of post-conviction preventive detention addressed in paragraph 21 below or detention for purposes of extradition or immigration control, see paragraph 18 below."},{"n":36,"text":"See concluding observations: Colombia (CCPR/C/COL/CO/6, 2010), para. 20, and Jordan (CCPR/C/JOR/CO/4, 2010), para. 11."},{"n":37,"text":"On the relationship of article 9 to article 4 of the Covenant and international humanitarian law, see paragraphs 64 to 67 below."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0016","docId":"ccpr-c-gc-35","idx":16,"n":16,"text":"Egregious examples of arbitrary detention include detaining family members of an alleged criminal who are not themselves accused of any wrongdoing, the holding of hostages and arrests for the purpose of extorting bribes or other similar criminal purposes.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"section":["II. Arbitrary detention and unlawful detention"]},{"id":"ccpr-c-gc-35-0017","docId":"ccpr-c-gc-35","idx":17,"n":17,"text":"Arrest or detention as punishment for the legitimate exercise of the rights as guaranteed by the Covenant is arbitrary, including freedom of opinion and expression (art. 19),[[fn:38]] freedom of assembly (art. 21), freedom of association (art. 22), freedom of religion (art. 18) and the right to privacy (art. 17). Arrest or detention on discriminatory grounds in violation of article 2, paragraph 1, article 3 or article 26 is also in principle arbitrary.[[fn:39]] Retroactive criminal punishment by detention in violation of article 15 amounts to arbitrary detention.[[fn:40]] Enforced disappearances violate numerous substantive and procedural provisions of the Covenant and constitute a particularly aggravated form of arbitrary detention. Imprisonment after a manifestly unfair trial is arbitrary, but not every violation of the specific procedural guarantees for criminal defendants in article 14 results in arbitrary detention.[[fn:41]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":38,"text":"328/1988, Zelaya Blanco v. Nicaragua, para. 10.3."},{"n":39,"text":"1314/2004, O’Neill and Quinn v. Ireland, para. 8.5 (finding no violation); see concluding observations: Honduras (CCPR/C/HND/CO/1, 2006), para. 13 (detention on the basis of sexual orientation), and Cameroon (CCPR/C/CMR/CO/4, 2010), para. 12 (imprisonment for consensual same-sex activities of adults)."},{"n":40,"text":"1629/2007, Fardon v. Australia, para. 7.4 (b)."},{"n":41,"text":"1007/2001, Sineiro Fernández v. Spain, paras. 6.3 (absence of review of conviction by higher court violated paragraph 5 of article 14, but not paragraph 1 of article 9)."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"22","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"15","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-35-0018","docId":"ccpr-c-gc-35","idx":18,"n":18,"text":"Detention in the course of proceedings for the control of immigration is not per se arbitrary, but the detention must be justified as reasonable, necessary and proportionate in the light of the circumstances and reassessed as it extends in time.[[fn:42]] Asylum seekers who unlawfully enter a State party’s territory may be detained for a brief initial period in order to document their entry, record their claims and determine their identity if it is in doubt.[[fn:43]] To detain them further while their claims are being resolved would be arbitrary in the absence of particular reasons specific to the individual, such as an individualized likelihood of absconding, a danger of crimes against others or a risk of acts against national security.[[fn:44]] The decision must consider relevant factors case by case and not be based on a mandatory rule for a broad category; must take into account less invasive means of achieving the same ends, such as reporting obligations, sureties or other conditions to prevent absconding; and must be subject to periodic re-evaluation and judicial review.[[fn:45]] Decisions regarding the detention of migrants must also take into account the effect of the detention on their physical or mental health.[[fn:46]] Any necessary detention should take place in appropriate, sanitary, non-punitive facilities and should not take place in prisons. The inability of a State party to carry out the expulsion of an individual because of statelessness or other obstacles does not justify indefinite detention.[[fn:47]] Children should not be deprived of liberty, except as a measure of last resort and for the shortest appropriate period of time, taking into account their best interests as a primary consideration with regard to the duration and conditions of detention, and also taking into account the extreme vulnerability and need for care of unaccompanied minors.[[fn:48]]","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":42,"text":"560/1993, A. v. Australia, paras. 9.3–9.4; 794/1998, Jalloh v. Netherlands, para. 8.2; 1557/2007, Nystrom v. Australia, paras. 7.2–7.3."},{"n":43,"text":"1069/2002, Bakhtiyari v. Australia, paras. 9.2–9.3."},{"n":44,"text":"1551/2007, Tarlue v. Canada, paras. 3.3 and 7.6; 1051/2002, Ahani v. Canada, para. 10.2."},{"n":45,"text":"1014/2001, Baban v. Australia, para. 7.2; 1069/2002, Bakhtiyari v. Australia, paras. 9.2–9.3; see UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention (2012), guideline 4.3 and annex A (describing alternatives to detention)."},{"n":46,"text":"1324/2004, Shafiq v. Australia, para. 7.3; 900/1999, C. v. Australia, paras. 8.2 and 8.4."},{"n":47,"text":"2094/2011, F.K.A.G. v. Australia, para. 9.3."},{"n":48,"text":"1050/2002, D. and E. v. Australia, para. 7.2; 794/1998, Jalloh v. Netherlands, paras. 8.2–8.3; see also Convention on the Rights of the Child, arts. 3, para. 1, and 37 (b)."}],"section":["II. Arbitrary detention and unlawful detention"]},{"id":"ccpr-c-gc-35-0019","docId":"ccpr-c-gc-35","idx":19,"n":19,"text":"States parties should revise outdated laws and practices in the field of mental health in order to avoid arbitrary detention. The Committee emphasizes the harm inherent in any deprivation of liberty and also the particular harms that may result in situations of involuntary hospitalization. States parties should make available adequate community-based or alternative social-care services for persons with psychosocial disabilities, in order to provide less restrictive alternatives to confinement.[[fn:49]] The existence of a disability shall not in itself justify a deprivation of liberty but rather any deprivation of liberty must be necessary and proportionate, for the purpose of protecting the individual in question from serious harm or preventing injury to others.[[fn:50]] It must be applied only as a measure of last resort and for the shortest appropriate period of time, and must be accompanied by adequate procedural and substantive safeguards established by law.[[fn:51]] The procedures should ensure respect for the views of the individual and ensure that any representative genuinely represents and defends the wishes and interests of the individual.[[fn:52]] States parties must offer to institutionalized persons programmes of treatment and rehabilitation that serve the purposes that are asserted to justify the detention.[[fn:53]] Deprivation of liberty must be re-evaluated at appropriate intervals with regard to its continuing necessity.[[fn:54]] The individuals must be assisted in obtaining access to effective remedies for the vindication of their rights, including initial and periodic judicial review of the lawfulness of the detention, and to prevent conditions of detention incompatible with the Covenant.[[fn:55]]","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":49,"text":"See concluding observations: Latvia (CCPR/C/LVA/CO/3, 2014), para. 16."},{"n":50,"text":"1061/2002, Fijalkowska v. Poland, para. 8.3; 1629/2007, Fardon v. Australia, para. 7.3; see concluding observations: Russian Federation (CCPR/C/RUS/CO/6, 2009), para. 19; Convention on the Rights of Persons with Disabilities, art. 14, para. 1 (b)."},{"n":51,"text":"1061/2002, Fijalkowska v. Poland, para. 8.3."},{"n":52,"text":"See concluding observations: Czech Republic (CCPR/C/CZE/CO/2, 2007), para. 14; see also Committee on the Rights of the Child, general comment No. 9, para. 48."},{"n":53,"text":"See concluding observations: Bulgaria (CCPR/C/BGR/CO/3, 2011), para. 10."},{"n":54,"text":"754/1997, A. v. New Zealand, para. 7.2; see Committee on the Rights of the Child, general comment No. 9, para. 50."},{"n":55,"text":"1061/2002, Fijalkowska v. Poland, paras. 8.3–8.4; 754/1997, A. v. New Zealand, para. 7.3; general comment No. 31, para. 15."}],"section":["II. Arbitrary detention and unlawful detention"]},{"id":"ccpr-c-gc-35-0020","docId":"ccpr-c-gc-35","idx":20,"n":20,"text":"The Covenant is consistent with a variety of schemes for sentencing in criminal cases. Convicted prisoners are entitled to have the duration of their sentences administered in accordance with domestic law. Consideration for parole or other forms of early release must be in accordance with the law[[fn:56]] and such release must not be denied on grounds that are arbitrary within the meaning of article 9. If such release is granted upon conditions and later the release is revoked because of an alleged breach of the conditions, then the revocation must also be carried out in accordance with law and must not be arbitrary and, in particular, not disproportionate to the seriousness of the breach. A prediction of the prisoner’s future behaviour may be a relevant factor in deciding whether to grant early release.[[fn:57]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":56,"text":"1388/2005, De Léon Castro v. Spain, para. 9.3."},{"n":57,"text":"1492/2006, Van der Plaat v. New Zealand, para. 6.3."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0021","docId":"ccpr-c-gc-35","idx":21,"n":21,"text":"When a criminal sentence includes a punitive period followed by a non-punitive period intended to protect the safety of other individuals,[[fn:58]] then once the punitive term of imprisonment has been served, to avoid arbitrariness, the additional detention must be justified by compelling reasons arising from the gravity of the crimes committed and the likelihood of the detainee’s committing similar crimes in the future. States should only use such detention as a last resort and regular periodic reviews by an independent body must be assured to decide whether continued detention is justified.[[fn:59]] State parties must exercise caution and provide appropriate guarantees in evaluating future dangers.[[fn:60]] The conditions in such detention must be distinct from the conditions for convicted prisoners serving a punitive sentence and must be aimed at the detainee’s rehabilitation and reintegration into society.[[fn:61]] If a prisoner has fully served the sentence imposed at the time of conviction, articles 9 and 15 prohibit a retroactive increase in sentence and a State party may not circumvent that prohibition by imposing a detention that is equivalent to penal imprisonment under the label of civil detention.[[fn:62]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":58,"text":"In different legal systems, such detention may be known as “rétention de sûreté”, “Sicherungsverwahrung” or, in English, “preventive detention”; see 1090/2002, Rameka v. New Zealand."},{"n":59,"text":"Ibid., para. 7.3.","isIbid":true,"resolvedText":"In different legal systems, such detention may be known as “rétention de sûreté”, “Sicherungsverwahrung” or, in English, “preventive detention”; see 1090/2002, Rameka v. New Zealand."},{"n":60,"text":"See concluding observations: Germany (CCPR/C/DEU/CO/6, 2012), para. 14."},{"n":61,"text":"1512/2006, Dean v. New Zealand, para. 7.5."},{"n":62,"text":"1629/2007, Fardon v. Australia, para. 7.4."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"15","source":"regex"}]},{"id":"ccpr-c-gc-35-0022","docId":"ccpr-c-gc-35","idx":22,"n":22,"text":"The third sentence of paragraph 1 of article 9 provides that no one shall be deprived of liberty except on such grounds and in accordance with such procedure as are established by law. Any substantive grounds for arrest or detention must be prescribed by law and should be defined with sufficient precision to avoid overly broad or arbitrary interpretation or application.[[fn:63]] Deprivation of liberty without such legal authorization is unlawful.[[fn:64]] Continued detention despite an operative (exécutoire) judicial order of release or a valid amnesty is also unlawful.[[fn:65]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":63,"text":"See concluding observations: Philippines (CCPR/CO/79/PHL, 2003), para. 14 (vagrancy law vague), Mauritius (CCPR/CO/83/MUS, 2005), para. 12 (terrorism law), Russian Federation (CCPR/C/RUS/CO/6, 2009), para. 24 (“extremist activity”), and Honduras (CCPR/C/HND/CO/1, 2006), para. 13 (“unlawful association”)."},{"n":64,"text":"702/1996, McLawrence v. Jamaica, para. 5.5: “the principle of legality is violated if an individual is arrested or detained on grounds which are not clearly established in domestic legislation”."},{"n":65,"text":"856/1999, Chambala v. Zambia, para. 7.3; 138/1981, Mpandanjila et al. v. Zaire, para. 10."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0023","docId":"ccpr-c-gc-35","idx":23,"n":23,"text":"Article 9 requires that procedures for carrying out legally authorized deprivation of liberty should also be established by law and States parties should ensure compliance with their legally prescribed procedures. Article 9 further requires compliance with domestic rules that define the procedure for arrest by identifying the officials authorized to arrest[[fn:66]] or specifying when a warrant is required.[[fn:67]] It also requires compliance with domestic rules that define when authorization to continue detention must be obtained from a judge or other officer,[[fn:68]] where individuals may be detained,[[fn:69]] when the detained person must be brought to court[[fn:70]] and legal limits on the duration of detention.[[fn:71]] It also requires compliance with domestic rules providing important safeguards for detained persons, such as making a record of an arrest[[fn:72]] and permitting access to counsel.[[fn:73]] Violations of domestic procedural rules not related to such issues may not necessarily raise an issue under article 9.[[fn:74]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":66,"text":"1461/2006, 1462/2006, 1476/2006, 1477/2006, Maksudov et al. v. Kyrgyzstan, para. 12.2."},{"n":67,"text":"1110/2002, Rolando v. the Philippines, para. 5.5."},{"n":68,"text":"770/1997, Gridin v. Russian Federation, para. 8.1."},{"n":69,"text":"1449/2006, Umarov v. Uzbekistan, para. 8.4."},{"n":70,"text":"981/2001, Gómez Casafranca v. Peru, para. 7.2."},{"n":71,"text":"2024/2011, Israil v. Kazakhstan, para. 9.2."},{"n":72,"text":"1208/2003, Kurbonov v. Tajikistan, para. 6.5."},{"n":73,"text":"1412/2005, Butovenko v. Ukraine, para. 7.6."},{"n":74,"text":"1425/2005, Marz v. Russian Federation, para. 5.3."}],"section":["II. Arbitrary detention and unlawful detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0024","docId":"ccpr-c-gc-35","idx":24,"n":24,"text":"Paragraph 2 of article 9 imposes two requirements for the benefit of persons who are deprived of liberty. First, they shall be informed, at the time of arrest, of the reasons for the arrest. Second, they shall be promptly informed of any charges against them. The first requirement applies broadly to the reasons for any deprivation of liberty. Because “arrest” means the commencement of a deprivation of liberty, that requirement applies regardless of the formality or informality with which the arrest is conducted and regardless of the legitimate or improper reason on which it is based.[[fn:75]] The second, additional requirement applies only to information regarding criminal charges.[[fn:76]] If a person already detained on one criminal charge is also ordered detained to face an unrelated criminal charge, prompt information must be provided regarding the unrelated charge.[[fn:77]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":75,"text":"1460/2006, Yklymova v. Turkmenistan, para. 7.2 (de facto house arrest); 414/1990, Mika Miha v. Equatorial Guinea, para. 6.5 (presidential fiat)."},{"n":76,"text":"See, e.g., Case concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo), I.C.J. Reports 2010, p. 639, para. 77 (citing the Committee’s general comment No. 8)."},{"n":77,"text":"635/1995, Morrison v. Jamaica, paras. 22.2–22.3; 1397/2005, Engo v. Cameroon, para. 7.3."}],"section":["III. Notice of reasons for arrest and any criminal charges"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0025","docId":"ccpr-c-gc-35","idx":25,"n":25,"text":"One major purpose of requiring that all arrested persons be informed of the reasons for the arrest is to enable them to seek release if they believe that the reasons given are invalid or unfounded.[[fn:78]] The reasons must include not only the general legal basis of the arrest, but also enough factual specifics to indicate the substance of the complaint, such as the wrongful act and the identity of an alleged victim.[[fn:79]] The “reasons” concern the official basis for the arrest, not the subjective motivations of the arresting officer.[[fn:80]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":78,"text":"248/1987, Campbell v. Jamaica, para. 6.3."},{"n":79,"text":"1177/2003, Ilombe and Shandwe v. Democratic Republic of the Congo, para. 6.2."},{"n":80,"text":"1812/2008, Levinov v. Belarus, para. 7.5."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0026","docId":"ccpr-c-gc-35","idx":26,"n":26,"text":"Oral notification of reasons for arrest satisfies the requirement. The reasons must be given in a language that the arrested person understands.[[fn:81]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":81,"text":"868/1999, Wilson v. Philippines, paras. 3.3 and 7.5."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0027","docId":"ccpr-c-gc-35","idx":27,"n":27,"text":"That information must be provided immediately upon arrest. However, in exceptional circumstances, such immediate communication may not be possible. For example, a delay may be required before an interpreter can be present, but any such delay must be kept to the absolute minimum necessary.[[fn:82]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":82,"text":"526/1993, Hill and Hill v. Spain, para. 12.2."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0028","docId":"ccpr-c-gc-35","idx":28,"n":28,"text":"For some categories of vulnerable persons, directly informing the person arrested is required but not sufficient. When children are arrested, notice of the arrest and the reasons for it should also be provided directly to their parents, guardians, or legal representatives.[[fn:83]] For certain persons with mental disabilities, notice of the arrest and the reasons should also be provided directly to persons they have designated or appropriate family members. Additional time may be required to identify and contact the relevant third persons, but notice should be given as soon as possible.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":83,"text":"1402/2005, Krasnov v. Kyrgyzstan, para. 8.5; general comment No. 32, para. 42; see Committee on the Rights of the Child, general comment No. 10, para. 48."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0029","docId":"ccpr-c-gc-35","idx":29,"n":29,"text":"The second requirement of paragraph 2 concerns notice of criminal charges. Persons arrested for the purpose of investigating crimes that they may have committed or for the purpose of holding them for criminal trial must be promptly informed of the crimes of which they are suspected or accused. That right applies in connection with ordinary criminal prosecutions and also in connection with military prosecutions or other special regimes directed at criminal punishment.[[fn:84]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":84,"text":"1782/2008, Aboufaied v. Libya, para. 7.6. The requirement of being informed about any charges applies to detention for possible military prosecution, regardless of whether the trial of the detainee by a military court would be prohibited by article 14 of the Covenant. 1640/2007, El Abani v. Algeria, paras. 7.6 and 7.8."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0030","docId":"ccpr-c-gc-35","idx":30,"n":30,"text":"Paragraph 2 requires that the arrested person be informed “promptly” of any charges, not necessarily “at the time of arrest”. If particular charges are already contemplated, the arresting officer may inform the person of both the reasons for the arrest and the charges, or the authorities may explain the legal basis of the detention some hours later. The reasons must be given in a language that the arrested person understands.[[fn:85]] The requirement to give notice of charges under paragraph 2 serves to facilitate the determination of whether the provisional detention is appropriate or not, and therefore paragraph 2 does not require that the arrested person is given as much detail regarding the charges as would be needed later to prepare for trial.[[fn:86]] If the authorities have already informed an individual of the charges being investigated prior to making the arrest, then paragraph 2 does not require prompt repetition of the formal charges so long as they communicate the reasons for the arrest.[[fn:87]] The same considerations as mentioned in paragraph 28 above apply to prompt information concerning any criminal charges when minors or other vulnerable persons are arrested.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":85,"text":"493/1992, Griffin v. Spain, para. 9.2."},{"n":86,"text":"General comment No. 32, para. 31; 702/1996, McLawrence v. Jamaica, para. 5.9."},{"n":87,"text":"712/1996, Smirnova v. Russian Federation, para. 10.3."}],"section":["III. Notice of reasons for arrest and any criminal charges"]},{"id":"ccpr-c-gc-35-0031","docId":"ccpr-c-gc-35","idx":31,"n":31,"text":"The first sentence of paragraph 3 applies to persons “arrested or detained on a criminal charge”, while the second sentence concerns persons “awaiting trial” on a criminal charge. Paragraph 3 applies in connection with ordinary criminal prosecutions, military prosecutions and other special regimes directed at criminal punishment.[[fn:88]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":88,"text":"1782/2008, Aboufaied v. Libya, para. 7.6. Paragraph 3 applies to detention for possible military prosecution, regardless of whether the trial of the detainee by a military court would be prohibited by article 14 of the Covenant. 1813/2008, Akwanga v. Cameroon, paras. 7.4–7.5. In international armed conflict, detailed rules of international humanitarian law regarding the conduct of military prosecutions are also relevant to the interpretation of article 9, paragraph 3, which continues to apply. See paragraph 64 below."}],"section":["IV. Judicial control of detention in connection with criminal charges"]},{"id":"ccpr-c-gc-35-0032","docId":"ccpr-c-gc-35","idx":32,"n":32,"text":"Paragraph 3 requires, firstly, that any person arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power. That requirement applies in all cases without exception and does not depend on the choice or ability of the detainee to assert it.[[fn:89]] The requirement applies even before formal charges have been asserted, so long as the person is arrested or detained on suspicion of criminal activity.[[fn:90]] The right is intended to bring the detention of a person in a criminal investigation or prosecution under judicial control.[[fn:91]] If a person already detained on one criminal charge is also ordered to be detained to face an unrelated criminal charge, the person must be promptly brought before a judge for control of the second detention.[[fn:92]] It is inherent to the proper exercise of judicial power that it be exercised by an authority which is independent, objective and impartial in relation to the issues dealt with.[[fn:93]] Accordingly, a public prosecutor cannot be considered as an officer exercising judicial power under paragraph 3.[[fn:94]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":89,"text":"1787/2008, Kovsh v. Belarus, paras. 7.3–7.5."},{"n":90,"text":"1128/2002, Marques de Morais v. Angola, paras. 6.3–6.4; 1096/2002, Kurbanova v. Tajikistan, para. 7.2."},{"n":91,"text":"1914–1916/2009, Musaev v. Uzbekistan, para. 9.3."},{"n":92,"text":"635/1995, Morrison v. Jamaica, paras. 22.2–22.3; 762/1997, Jensen v. Australia, para. 6.3."},{"n":93,"text":"521/1992, Kulomin v. Hungary, para. 11.3."},{"n":94,"text":"See ibid.; 1547/2007, Torobekov v. Kyrgyzstan, para. 6.2; 1278/2004, Reshetnikov v. Russian Federation, para. 8.2; concluding observations: Tajikistan (CCPR/CO/84/TJK, 2005), para. 12.","isIbid":true,"resolvedText":"521/1992, Kulomin v. Hungary, para. 11.3."}],"section":["IV. Judicial control of detention in connection with criminal charges"]},{"id":"ccpr-c-gc-35-0033","docId":"ccpr-c-gc-35","idx":33,"n":33,"text":"While the exact meaning of “promptly” may vary depending on objective circumstances,[[fn:95]] delays should not exceed a few days from the time of arrest.[[fn:96]] In the view of the Committee, 48 hours is ordinarily sufficient to transport the individual and to prepare for the judicial hearing;[[fn:97]] any delay longer than 48 hours must remain absolutely exceptional and be justified under the circumstances.[[fn:98]] Longer detention in the custody of law enforcement officials without judicial control unnecessarily increases the risk of ill-treatment.[[fn:99]] Laws in most States parties fix precise time limits, sometimes shorter than 48 hours, and those limits should also not be exceeded. An especially strict standard of promptness, such as 24 hours, should apply in the case of juveniles.[[fn:100]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":95,"text":"702/1996, McLawrence v. Jamaica, para. 5.6; 2120/2011, Kovalev v. Belarus, para. 11.3."},{"n":96,"text":"1128/2002, Marques de Morais v. Angola, para. 6.3; 277/1988, Terán Jijón v. Ecuador, para. 5.3 (five days not prompt); 625/1995, Freemantle v. Jamaica, para. 7.4 (four days not prompt)."},{"n":97,"text":"1787/2008, Kovsh v. Belarus, paras. 7.3–7.5."},{"n":98,"text":"Ibid.; see also 336/1988, Fillastre and Bizouarn v. Bolivia, para. 6.4 (budgetary constraints did not justify 10-day delay).","isIbid":true,"resolvedText":"1787/2008, Kovsh v. Belarus, paras. 7.3–7.5."},{"n":99,"text":"See concluding observations: Hungary (CCPR/CO/74/HUN, 2002), para. 8."},{"n":100,"text":"Committee on the Rights of the Child, general comment No. 10, para. 83."}],"section":["IV. Judicial control of detention in connection with criminal charges"]},{"id":"ccpr-c-gc-35-0034","docId":"ccpr-c-gc-35","idx":34,"n":34,"text":"The individual must be brought to appear physically before the judge or other officer authorized by law to exercise judicial power.[[fn:101]] The physical presence of detainees at the hearing gives the opportunity for inquiry into the treatment that they received in custody[[fn:102]] and facilitates immediate transfer to a remand detention centre if continued detention is ordered. It thus serves as a safeguard for the right to security of person and the prohibition against torture and cruel, inhuman or degrading treatment. In the hearing that ensues, and in subsequent hearings at which the judge assesses the legality or necessity of the detention, the individual is entitled to legal assistance, which should in principle be by counsel of choice.[[fn:103]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":101,"text":"289/1988, Wolf v. Panama, para. 6.2; 613/1995, Leehong v. Jamaica, para. 9.5. Regarding the phrase “other officer authorized by law to exercise judicial power,” see paragraph 32 above."},{"n":102,"text":"See Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, approved by the General Assembly in its resolution 43/173, principle 37."},{"n":103,"text":"See concluding observations: Kenya (CCPR/C/KEN/CO/3, 2012), para. 19; see also article 14, paragraph 3 (d); Body of Principles (note 102 above), principle 11.","referencesNote":102}],"section":["IV. Judicial control of detention in connection with criminal charges"]},{"id":"ccpr-c-gc-35-0035","docId":"ccpr-c-gc-35","idx":35,"n":35,"text":"Incommunicado detention that prevents prompt presentation before a judge inherently violates paragraph 3.[[fn:104]] Depending on its duration and other facts, incommunicado detention may also violate other rights under the Covenant, including articles 6, 7, 10 and 14.[[fn:105]] States parties should permit and facilitate access to counsel for detainees in criminal cases from the outset of their detention.[[fn:106]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":104,"text":"1297/2004, Medjnoune v. Algeria, para. 8.7."},{"n":105,"text":"1781/2008, Berzig v. Algeria, paras. 8.4, 8.5 and 8.8; 176/1984, Lafuente Peñarrieta v. Bolivia, para. 16."},{"n":106,"text":"General comment No. 32, paras. 32, 34 and 38; concluding observations: Togo (CCPR/C/TGO/CO/4, 2011), para. 19; paragraph 58 below."}],"section":["IV. Judicial control of detention in connection with criminal charges"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-35-0036","docId":"ccpr-c-gc-35","idx":36,"n":36,"text":"Once the individual has been brought before the judge, the judge must decide whether the individual should be released or remanded in custody for additional investigation or to await trial. If there is no lawful basis for continuing the detention, the judge must order release.[[fn:107]] If additional investigation or trial is justified, the judge must decide whether the individual should be released (with or without conditions) pending further proceedings because detention is not necessary, an issue addressed more fully by the second sentence of paragraph 3. In the view of the Committee, detention on remand should not involve a return to police custody, but rather to a separate facility under different authority, where risks to the rights of the detainee can be more easily mitigated.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":107,"text":"See concluding observations: Tajikistan (CCPR/CO/84/TJK, 2005), para. 12; 647/1995, Pennant v. Jamaica, para. 8.2."}],"section":["IV. Judicial control of detention in connection with criminal charges"]},{"id":"ccpr-c-gc-35-0037","docId":"ccpr-c-gc-35","idx":37,"n":37,"text":"The second requirement expressed in the first sentence of paragraph 3 is that the person detained is entitled to trial within a reasonable time or to release. That requirement applies specifically to periods of pretrial detention, that is, detention between the time of arrest and the time of judgment at first instance.[[fn:108]] Extremely prolonged pretrial detention may also jeopardize the presumption of innocence under article 14, paragraph 2.[[fn:109]] Persons who are not released pending trial must be tried as expeditiously as possible, to the extent consistent with their rights of defence.[[fn:110]] The reasonableness of any delay in bringing the case to trial has to be assessed in the circumstances of each case, taking into account the complexity of the case, the conduct of the accused during the proceeding and the manner in which the matter was dealt with by the executive and judicial authorities.[[fn:111]] Impediments to the completion of the investigation may justify additional time,[[fn:112]] but general conditions of understaffing or budgetary constraint do not.[[fn:113]] When delays become necessary, the judge must reconsider alternatives to pretrial detention.[[fn:114]] Pretrial detention of juveniles should be avoided, but when it occurs they are entitled to be brought to trial in especially speedy fashion under article 10, paragraph 2 (b).[[fn:115]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":108,"text":"1397/2005, Engo v. Cameroon, para. 7.2. On the relationship between article 9, paragraph 3, and article 14, paragraph 3 (c), in that respect, see general comment No. 32, para. 61."},{"n":109,"text":"788/1997, Cagas v. Philippines, para. 7.3."},{"n":110,"text":"General comment No. 32, para. 35; 818/1998, Sextus v. Trinidad and Tobago, para. 7.2."},{"n":111,"text":"1085/2002, Taright v. Algeria, paras. 8.2–8.4; 386/1989, Koné v. Senegal, para. 8.6; see also 677/1996, Teesdale v. Trinidad and Tobago, para. 9.3 (delay of seventeen months violated paragraph 3); 614/1995, Thomas v. Jamaica, para. 9.6 (delay of nearly fourteen months did not violate paragraph 3); general comment No. 32, para. 35 (discussing factors relevant to reasonableness of delay in criminal proceedings)."},{"n":112,"text":"721/1997, Boodoo v. Trinidad and Tobago, para. 6.2."},{"n":113,"text":"336/1988, Fillastre and Bizouarn v. Bolivia, para. 6.5; 818/1998, Sextus v. Trinidad and Tobago, para. 4.2 and 7.2."},{"n":114,"text":"1085/2002, Taright v. Algeria, para. 8.3."},{"n":115,"text":"General comment No. 21, para. 13; see also general comment No. 32, para. 42; Committee on the Rights of the Child, general comment No. 10, para. 83."}],"section":["IV. Judicial control of detention in connection with criminal charges"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"}]},{"id":"ccpr-c-gc-35-0038","docId":"ccpr-c-gc-35","idx":38,"n":38,"text":"The second sentence of paragraph 3 of article 9 requires that detention in custody of persons awaiting trial shall be the exception rather than the rule. It also specifies that release from such custody may be subject to guarantees of appearance, including appearance for trial, appearance at any other stage of the judicial proceedings and (should occasion arise) appearance for execution of the judgment. That sentence applies to persons awaiting trial on criminal charges, that is, after the defendant has been charged, but a similar requirement prior to charging results from the prohibition of arbitrary detention in paragraph 1.[[fn:116]] It should not be the general practice to subject defendants to pretrial detention. Detention pending trial must be based on an individualized determination that it is reasonable and necessary taking into account all the circumstances, for such purposes as to prevent flight, interference with evidence or the recurrence of crime.[[fn:117]] The relevant factors should be specified in law and should not include vague and expansive standards such as “public security”.[[fn:118]] Pretrial detention should not be mandatory for all defendants charged with a particular crime, without regard to individual circumstances.[[fn:119]] Neither should pretrial detention be ordered for a period based on the potential sentence for the crime charged, rather than on a determination of necessity. Courts must examine whether alternatives to pretrial detention, such as bail, electronic bracelets or other conditions, would render detention unnecessary in the particular case.[[fn:120]] If the defendant is a foreigner, that fact must not be treated as sufficient to establish that the defendant may flee the jurisdiction.[[fn:121]] After an initial determination has been made that pretrial detention is necessary, there should be periodic re-examination of whether it continues to be reasonable and necessary in the light of possible alternatives.[[fn:122]] If the length of time that the defendant has been detained reaches the length of the longest sentence that could be imposed for the crimes charged, the defendant should be released. Pretrial detention of juveniles should be avoided to the fullest extent possible.[[fn:123]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":116,"text":"1128/2002, Marques de Morais v. Angola, paras. 6.1 and 6.4."},{"n":117,"text":"1502/2006, Marinich v. Belarus, para. 10.4; 1940/2010, Cedeño v. Bolivarian Republic of Venezuela, para. 7.10; 1547/2007, Torobekov v. Kyrgyzstan, para. 6.3."},{"n":118,"text":"See concluding observations: Bosnia and Herzegovina (CCPR/C/BIH/CO/1, 2006), para. 18."},{"n":119,"text":"See concluding observations: Argentina (CCPR/CO/70/ARG, 2000), para. 10; Sri Lanka (CCPR/CO/79/LKA, 2003), para. 13."},{"n":120,"text":"1178/2003, Smantser v. Belarus, para. 10.3."},{"n":121,"text":"526/1993, Hill and Hill v. Spain, para. 12.3."},{"n":122,"text":"1085/2002, Taright v. Algeria, paras. 8.3–8.4."},{"n":123,"text":"General comment No. 32, para. 42; see Committee on the Rights of the Child, general comment No. 10, para. 80."}],"section":["IV. Judicial control of detention in connection with criminal charges"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0039","docId":"ccpr-c-gc-35","idx":39,"n":39,"text":"Paragraph 4 of article 9 entitles anyone who is deprived of liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of the detention and order release if the detention is not lawful. It enshrines the principle of habeas corpus.[[fn:124]] Review of the factual basis of the detention may, in appropriate circumstances, be limited to review of the reasonableness of a prior determination.[[fn:125]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":124,"text":"1342/2005, Gavrilin v. Belarus, para. 7.4."},{"n":125,"text":"1051/2002, Ahani v. Canada, para. 10.2; 754/1997, A. v. New Zealand, para. 7.3."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0040","docId":"ccpr-c-gc-35","idx":40,"n":40,"text":"The right applies to all detention by official action or pursuant to official authorization, including detention in connection with criminal proceedings, military detention, security detention, counter-terrorism detention, involuntary hospitalization, immigration detention, detention for extradition and wholly groundless arrests.[[fn:126]] It also applies to detention for vagrancy or drug addiction, detention for educational purposes of children in conflict with the law[[fn:127]] and other forms of administrative detention.[[fn:128]] Detention within the meaning of paragraph 4 also includes house arrest and solitary confinement.[[fn:129]] When a prisoner is serving the minimum duration of a prison sentence as decided by a court of law after a conviction, either as a sentence for a fixed period of time or as the fixed portion of a potentially longer sentence, paragraph 4 does not require subsequent review of the detention.[[fn:130]]","labels":["Children","Persons in street situations","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":126,"text":"248/1987, Campbell v. Jamaica, para. 6.4; 962/2001, Mulezi v. Democratic Republic of the Congo, para. 5.2; 1051/2002, Ahani v. Canada, para. 10.2; 1061/2002, Fijalkowska v. Poland, para. 8.4; 291/1988, Torres v. Finland, para. 7.4; 414/1990, Mika Miha v. Equatorial Guinea, para. 6.5."},{"n":127,"text":"265/1987, Vuolanne v. Finland, para. 9.5; see concluding observations: Rwanda (CCPR/C/RWA/CO/3, 2009), para. 16 (recommending abolition of detention for vagrancy)."},{"n":128,"text":"See concluding observations: Republic of Moldova (CCPR/CO/75/MDA, 2002), para. 11."},{"n":129,"text":"1172/2003, Madani v. Algeria, para. 8.5; 265/1987, Vuolanne v. Finland, para. 9.5."},{"n":130,"text":"954/2000, Minogue v. Australia, para. 6.4; 1342/2005, Gavrilin v. Belarus, para. 7.4. Article 14, paragraph 5, however, guarantees criminal defendants the right to a single appeal from an initial conviction to a higher court (general comment No. 32, para. 45)."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0041","docId":"ccpr-c-gc-35","idx":41,"n":41,"text":"The object of the right is release (either unconditional or conditional)[[fn:131]] from ongoing unlawful detention; compensation for unlawful detention that has already ended is addressed in paragraph 5. Paragraph 4 requires that the reviewing court must have the power to order release from the unlawful detention.[[fn:132]] When a judicial order of release under paragraph 4 becomes operative (exécutoire), it must be complied with immediately, and continued detention would be arbitrary in violation of article 9, paragraph 1.[[fn:133]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":131,"text":"473/1991, Barroso v. Panama, paras. 2.4 and 8.2 (habeas corpus for bail)."},{"n":132,"text":"1324/2004, Shafiq v. Australia, para. 7.4."},{"n":133,"text":"856/1999, Chambala v. Zambia, para. 7.2."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0042","docId":"ccpr-c-gc-35","idx":42,"n":42,"text":"The right to bring proceedings applies in principle from the moment of arrest and any substantial waiting period before a detainee can bring a first challenge to detention is impermissible.[[fn:134]] In general, the detainee has the right to appear in person before the court, especially where such presence would serve the inquiry into the lawfulness of detention or where questions regarding ill-treatment of the detainee arise.[[fn:135]] The court must have the power to order the detainee brought before it, regardless of whether the detainee has asked to appear.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":134,"text":"291/1988, Torres v. Finland, para. 7.2 (seven days)."},{"n":135,"text":"See Body of Principles (note 102 above), principle 32, para. 2; general comment No. 29, para. 16.","referencesNote":102}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0043","docId":"ccpr-c-gc-35","idx":43,"n":43,"text":"Unlawful detention includes detention that was lawful at its inception but has become unlawful because the individual has completed serving a sentence of imprisonment or the circumstances that justify the detention have changed.[[fn:136]] After a court has held that the circumstances justify the detention, an appropriate period of time may pass, depending on the nature of the relevant circumstances, before the individual is entitled to take proceedings again on similar grounds.[[fn:137]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":136,"text":"1090/2002, Rameka v. New Zealand, paras. 7.3–7.4."},{"n":137,"text":"Ibid. (annual review of post-conviction preventive detention); 754/1997, A. v. New Zealand, para. 7.3 (regular review of hospitalization); 291/1988, Torres v. Finland, para. 7.4 (review every two weeks of detention for extradition).","isIbid":true,"resolvedText":"1090/2002, Rameka v. New Zealand, paras. 7.3–7.4."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0044","docId":"ccpr-c-gc-35","idx":44,"n":44,"text":"“Unlawful” detention includes both detention that violates domestic law and detention that is incompatible with the requirements of article 9, paragraph 1, or with any other relevant provision of the Covenant.[[fn:138]] While domestic legal systems may establish differing methods for ensuring court review of detention, paragraph 4 requires that there be a judicial remedy for any detention that is unlawful on one of those grounds.[[fn:139]] For example, the power of a family court to order release of a child from detention that is not in the child’s best interests may satisfy the requirements of paragraph 4 in relevant cases.[[fn:140]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":138,"text":"1255,1256,1259,1260,1266,1268,1270,1288/2004, Shams et al. v. Australia, para. 7.3."},{"n":139,"text":"Ibid.","isIbid":true,"resolvedText":"1255,1256,1259,1260,1266,1268,1270,1288/2004, Shams et al. v. Australia, para. 7.3."},{"n":140,"text":"1069/2002, Bakhtiyari v. Australia, para. 9.5."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0045","docId":"ccpr-c-gc-35","idx":45,"n":45,"text":"Paragraph 4 entitles the individual to take proceedings before “a court,” which should ordinarily be a court within the judiciary. Exceptionally, for some forms of detention, legislation may provide for proceedings before a specialized tribunal, which must be established by law and must either be independent of the executive and legislative branches or enjoy judicial independence in deciding legal matters in proceedings that are judicial in nature.[[fn:141]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":141,"text":"1090/2002, Rameka v. New Zealand, para. 7.4 (discussing ability of Parole Board to act in judicial fashion as a court); 291/1988, Torres v. Finland, para. 7.2 (finding review by the Minister of the Interior insufficient); 265/1987, Vuolanne v. Finland, para. 9.6 (finding review by a superior military officer insufficient); general comment No. 32, paras. 18–22."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0046","docId":"ccpr-c-gc-35","idx":46,"n":46,"text":"Paragraph 4 leaves the option of taking proceedings to the persons being detained or those acting on their behalf; unlike paragraph 3, it does not require automatic initiation of review by the authorities detaining an individual.[[fn:142]] Laws that exclude a particular category of detainees from the review required by paragraph 4 violate the Covenant.[[fn:143]] Practices that render such review effectively unavailable to an individual, including incommunicado detention, also amount to a violation.[[fn:144]] To facilitate effective review, detainees should be afforded prompt and regular access to counsel. Detainees should be informed, in a language they understand, of their right to take proceedings for a decision on the lawfulness of their detention.[[fn:145]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":142,"text":"373/1989, Stephens v. Jamaica, para. 9.7."},{"n":143,"text":"R.1/4, Torres Ramírez v. Uruguay, para. 18; 1449/2006, Umarov v. Uzbekistan, para. 8.6."},{"n":144,"text":"R.1/5, Hernández Valentini de Bazzano et al. v. Uruguay, para. 10; 1751/2008, Aboussedra v. Libyan Arab Jamahiriya, para. 7.6; 1061/2002, Fijalkowska v. Poland, para. 8.4 (State’s failures frustrated the ability of a patient to challenge involuntary committal)."},{"n":145,"text":"See Body of Principles (note 102 above), principles 13–14.","referencesNote":102}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0047","docId":"ccpr-c-gc-35","idx":47,"n":47,"text":"Persons deprived of liberty are entitled not merely to take proceedings, but to receive a decision, and without delay. The refusal by a competent court to take a decision on a petition for the release of a detained person violates paragraph 4.[[fn:146]] The adjudication of the case should take place as expeditiously as possible.[[fn:147]] Delays attributable to the petitioner do not count as judicial delay.[[fn:148]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":146,"text":"1128/2002, Marques de Morais v. Angola, para. 6.5."},{"n":147,"text":"291/1988, Torres v. Finland, para. 7.3."},{"n":148,"text":"1051/2002, Ahani v. Canada, para. 10.3."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0048","docId":"ccpr-c-gc-35","idx":48,"n":48,"text":"The Covenant does not require that a court decision upholding the lawfulness of detention be subject to appeal. If a State party does provide for appeal or further instances, the delay may reflect the changing nature of the proceeding and in any event must not be excessive.[[fn:149]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":149,"text":"1752/2008, J.S. v. New Zealand, paras. 6.3–6.4 (finding periods of eight days at first instance, three weeks at second instance, and two months at third instance satisfactory in context)."}],"section":["V. The right to take proceedings for release from unlawful or arbitrary detention"]},{"id":"ccpr-c-gc-35-0049","docId":"ccpr-c-gc-35","idx":49,"n":49,"text":"Paragraph 5 of article 9 of the Covenant provides that anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. Like paragraph 4, paragraph 5 articulates a specific example of an effective remedy for human rights violations, which States parties are required to afford. Those specific remedies do not replace, but are included alongside, the other remedies that may be required in a particular situation for a victim of unlawful or arbitrary arrest or detention by article 2, paragraph 3, of the Covenant.[[fn:150]] Whereas paragraph 4 provides a swift remedy for release from ongoing unlawful detention, paragraph 5 clarifies that victims of unlawful arrest or detention are also entitled to financial compensation.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":150,"text":"General comment No. 31, paras. 16 and 18; 238/1987, Bolaños v. Ecuador, para. 10; 962/2001, Mulezi v. Democratic Republic of the Congo, para. 7."}],"section":["VI. The right to compensation for unlawful or arbitrary arrest or detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-gc-35-0050","docId":"ccpr-c-gc-35","idx":50,"n":50,"text":"Paragraph 5 obliges States parties to establish the legal framework within which compensation can be afforded to victims, as a matter of enforceable right and not as a matter of grace or discretion. The remedy must not exist merely in theory, but must operate effectively and payment must be made within a reasonable period of time. Paragraph 5 does not specify the precise form of procedure, which may include remedies against the State itself or against individual State officials responsible for the violation, so long as they are effective.[[fn:151]] Paragraph 5 does not require that a single procedure be established providing compensation for all forms of unlawful arrest, but only that an effective system of procedures exist that provides compensation in all the cases covered by paragraph 5. Paragraph 5 does not oblige States parties to compensate victims sua sponte, but rather permits them to leave commencement of proceedings for compensation to the initiative of the victim.[[fn:152]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":151,"text":"See concluding observations: Cameroon (CCPR/C/CMR/CO/4, 2010), para. 19; Guyana (CCPR/C/79/Add.121, 2000), para. 15; United States of America (A/50/40, 1995), para. 299; Argentina (A/50/40, 1995), para. 153; 1885/2009, Horvath v. Australia, para. 8.7 (discussing effectiveness of remedy); 1432/2005, Gunaratna v. Sri Lanka, para. 7.4; general comment No. 32, para. 52 (requirement of compensation for wrongful convictions)."},{"n":152,"text":"414/1990, Mika Miha v. Equatorial Guinea, para. 6.5; 962/2001, Mulezi v. Democratic Republic of the Congo, para. 5.2."}],"section":["VI. The right to compensation for unlawful or arbitrary arrest or detention"]},{"id":"ccpr-c-gc-35-0051","docId":"ccpr-c-gc-35","idx":51,"n":51,"text":"Unlawful arrest and detention within the meaning of paragraph 5 include such arrest and detention arising within either criminal or non-criminal proceedings, or in the absence of any proceedings at all.[[fn:153]] The “unlawful” character of the arrest or detention may result from violation of domestic law or violation of the Covenant itself, such as substantively arbitrary detention and detention that violates procedural requirements of other paragraphs of article 9.[[fn:154]] However, the fact that a criminal defendant was ultimately acquitted, at first instance or on appeal, does not in and of itself render any preceding detention “unlawful”.[[fn:155]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":153,"text":"754/1997, A. v. New Zealand, paras. 6.7 and 7.4; 188/1984, Martínez Portorreal v. Dominican Republic, para. 11; 962/2001, Mulezi v. Democratic Republic of the Congo, para. 5.2."},{"n":154,"text":"1128/2002, Marques de Morais v. Angola, para. 6.6; see also 328/1988, Zelaya Blanco v. Nicaragua, para. 10.3 (arbitrary detention); 728/1996, Sahadeo v. Guyana, para. 11 (violation of article 9, para. 3); R.2/9, Santullo Valcada v. Uruguay, para. 12 (violation of art. 9, para. 4)."},{"n":155,"text":"432/1990, W.B.E. v. Netherlands, para. 6.5; 963/2001, Uebergang v. Australia, para. 4.4."}],"section":["VI. The right to compensation for unlawful or arbitrary arrest or detention"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0052","docId":"ccpr-c-gc-35","idx":52,"n":52,"text":"The financial compensation required by paragraph 5 relates specifically to the pecuniary and non-pecuniary harm resulting from the unlawful arrest or detention.[[fn:156]] When the unlawfulness of the arrest arises from the violation of other human rights, such as freedom of expression, the State party may have further obligations to provide compensation or other reparation in relation to those other violations, as required by article 2, paragraph 3, of the Covenant.[[fn:157]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":156,"text":"1157/2003, Coleman v. Australia, para. 6.3."},{"n":157,"text":"Ibid., para. 9; 1128/2002, Marques de Morais v. Angola, para. 8; general comment No. 31, para. 16.","isIbid":true,"resolvedText":"1157/2003, Coleman v. Australia, para. 6.3."}],"section":["VI. The right to compensation for unlawful or arbitrary arrest or detention"],"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"ccpr-c-gc-35-0053","docId":"ccpr-c-gc-35","idx":53,"n":53,"text":"The procedural and substantive guarantees of article 9 both overlap and interact with other guarantees of the Covenant. Some forms of conduct amount independently to a violation of article 9 and another article, such as delays in bringing a detained criminal defendant to trial, which may violate both paragraph 3 of article 9 and paragraph 3 (c) of article 14. At times the content of article 9, paragraph 1, is informed by the content of other articles; for example, detention may be arbitrary by virtue of the fact that it represents punishment for freedom of expression, in violation of article 19.[[fn:158]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":158,"text":"See also paragraph 17 above."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-35-0054","docId":"ccpr-c-gc-35","idx":54,"n":54,"text":"Article 9 also reinforces the obligations of States parties under the Covenant and the Optional Protocol to protect individuals against reprisals for having cooperated or communicated with the Committee, such as physical intimidation or threats to personal liberty.[[fn:159]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":159,"text":"General comment No. 33, para. 4; 241 and 242/1987, Birindwa ci Birhashwirwa and Tshisekedi wa Mulumba v. Zaire, para. 12.5; see concluding observations: Maldives (CCPR/C/MDV/CO/1, 2012), para. 26."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"article":"9","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'Article 9 also reinforces the obligations of States parties under the Covenant and the Optional Protocol to protect individuals against reprisals' — ICCPR art.9 (liberty and security of person); Optional Protocol is referenced as a procedural instrument, not the source of art.9."}]},{"id":"ccpr-c-gc-35-0055","docId":"ccpr-c-gc-35","idx":55,"n":55,"text":"The right to life guaranteed by article 6 of the Covenant, including the right to protection of life under article 6, paragraph 1, may overlap with the right to security of person guaranteed by article 9, paragraph 1. The right to personal security may be considered broader to the extent that it also addresses injuries that are not life-threatening. Extreme forms of arbitrary detention that are themselves life-threatening violate the rights to personal liberty and personal security as well as the right to protection of life, in particular enforced disappearances.[[fn:160]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":160,"text":"449/1991, Mojica v. Dominican Republic, para. 5.4; 1753/2008, Guezout et al. v. Algeria, paras. 8.4 and 8.7."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0056","docId":"ccpr-c-gc-35","idx":56,"n":56,"text":"Arbitrary detention creates risks of torture and ill-treatment, and several of the procedural guarantees in article 9 serve to reduce the likelihood of such risks. Prolonged incommunicado detention violates article 9 and would generally be regarded as a violation of article 7.[[fn:161]] The right to personal security protects interests in bodily and mental integrity that are also protected by article 7.[[fn:162]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":161,"text":"1782/2008, Aboufaied v. Libya, paras. 7.4 and 7.6; 440/1990, El-Megreisi v. Libyan Arab Jamahiriya, para. 5.4."},{"n":162,"text":"General comment No. 20, para. 2."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-35-0057","docId":"ccpr-c-gc-35","idx":57,"n":57,"text":"Returning an individual to a country where there are substantial grounds for believing that the individual faces a real risk of a severe violation of liberty or security of person such as prolonged arbitrary detention may amount to inhuman treatment prohibited by article 7 of the Covenant.[[fn:163]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":163,"text":"General comment No. 31, para. 12."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-35-0058","docId":"ccpr-c-gc-35","idx":58,"n":58,"text":"Several safeguards that are essential for the prevention of torture are also necessary for the protection of persons in any form of detention against arbitrary detention and infringement of personal security.[[fn:164]] The following examples are non-exhaustive. Detainees should be held only in facilities officially acknowledged as places of detention. A centralized official register should be kept of the names and places of detention, and times of arrival and departure, as well as of the names of persons responsible for their detention, and made readily available and accessible to those concerned, including relatives.[[fn:165]] Prompt and regular access should be given to independent medical personnel and lawyers and, under appropriate supervision when the legitimate purpose of the detention so requires, to family members.[[fn:166]] Detainees should be promptly informed of their rights, in a language they understand;[[fn:167]] providing information leaflets in the appropriate language, including in Braille, may often assist the detainee in retaining the information. Detained foreign nationals should be informed of their right to communicate with their consular authorities, or, in the case of asylum seekers, with the Office of the United Nations High Commissioner for Refugees.[[fn:168]] Independent and impartial mechanisms should be established for visiting and inspecting all places of detention, including mental-health institutions.","labels":["Refugees & asylum-seekers","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":164,"text":"General comment No. 20, para. 11; Committee against Torture, general comment No. 2, para. 13."},{"n":165,"text":"See concluding observations: Algeria (CCPR/C/DZA/CO/3, 2007), para. 11."},{"n":166,"text":"See Body of Principles (note 102 above), principles 17–19 and 24; Committee on the Rights of the Child, general comment No. 10, para. 87.","referencesNote":102},{"n":167,"text":"See Body of Principles (note 102 above), principles 13–14; United Nations Rules for the Protection of Juveniles Deprived of their Liberty, paras. 24–25, adopted by the General Assembly in its resolution 45/113 (regarding explanation of rights to detained juveniles).","referencesNote":102},{"n":168,"text":"See Body of Principles (note 102 above), principle 16, para. 2.","referencesNote":102}],"section":["VII. Relationship of article 9 with other articles of the Covenant"]},{"id":"ccpr-c-gc-35-0059","docId":"ccpr-c-gc-35","idx":59,"n":59,"text":"Article 10 of the Covenant, which addresses conditions of detention for persons deprived of liberty, complements article 9, which primarily addresses the fact of detention. At the same time, the right to personal security in article 9, paragraph 1, is relevant to the treatment of both detained and non-detained persons. The appropriateness of the conditions prevailing in detention to the purpose of detention is sometimes a factor in determining whether detention is arbitrary within the meaning of article 9.[[fn:169]] Certain conditions of detention (such as denial of access to counsel and family) may result in procedural violations of paragraphs 3 and 4 of article 9. Article 10, paragraph 2 (b), reinforces for juveniles the requirement in article 9, paragraph 3, that pretrial detainees be brought to trial expeditiously.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":169,"text":"See paragraphs 14, 18 and 21 above."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0060","docId":"ccpr-c-gc-35","idx":60,"n":60,"text":"The liberty of movement protected by article 12 of the Covenant and the liberty of person protected by article 9 complement each other. Detention is a particularly severe form of restriction of liberty of movement, but in some circumstances both articles may come into play together.[[fn:170]] Detention in the course of transporting a migrant involuntarily, is often used as a means of enforcing restrictions on freedom of movement. Article 9 addresses such uses of detention in the implementation of expulsion, deportation or extradition.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":170,"text":"General comment No. 27, para. 7; 1134/2002, Gorji-Dinka v. Cameroon, para. 5.4–5.5 (house arrest); 138/1983, Mpandanjila et al. v. Zaire, paras. 8 and 10."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0061","docId":"ccpr-c-gc-35","idx":61,"n":61,"text":"The relationship between article 9 and article 14 of the Covenant, regarding civil and criminal trials, has already been illustrated.[[fn:171]] Article 9 addresses deprivation of liberty, only some instances of which take place in connection with civil or criminal proceedings within the scope of article 14. The procedural requirements of paragraphs 2 to 5 of article 9 apply in connection with proceedings falling within the scope of article 14 only when actual arrest or detention occurs.[[fn:172]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":171,"text":"See paragraphs 38 and 53 above."},{"n":172,"text":"263/1987, González del Río v. Peru, para. 5.1; 1758/2008, Jessop v. New Zealand, paras. 7.9–7.10."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-35-0062","docId":"ccpr-c-gc-35","idx":62,"n":62,"text":"Article 24, paragraph 1, of the Covenant entitles every child “to such measures of protection as are required by his status as a minor, on the part of his family, society and the State”. That article entails the adoption of special measures to protect the personal liberty and security of every child, in addition to the measures generally required by article 9 for everyone. A child may be deprived of liberty only as a last resort and for the shortest appropriate period of time.[[fn:174]] In addition to the other requirements applicable to each category of deprivation of liberty, the best interests of the child must be a primary consideration in every decision to initiate or continue the deprivation.[[fn:175]] The Committee acknowledges that sometimes a particular deprivation of liberty would itself be in the best interests of the child. Placement of a child in institutional care amounts to a deprivation of liberty within the meaning of article 9.[[fn:176]] A decision to deprive a child of liberty must be subject to periodic review of its continuing necessity and appropriateness.[[fn:177]] The child has a right to be heard, directly or through legal or other appropriate assistance, in relation to any decision regarding a deprivation of liberty, and the procedures employed should be child-appropriate.[[fn:178]] The right to release from unlawful detention may result in return to the child’s family or placement in an alternative form of care that accords with the child’s best interests, rather than simple release into the child’s own custody.[[fn:179]]","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":174,"text":"See concluding observations: Czech Republic (CCPR/C/CZE/CO/3, 2013), para. 17; Convention on the Rights of the Child, art. 37 (b)."},{"n":175,"text":"1069/2002, Bakhtiyari v. Australia, para. 9.7; see Convention on the Rights of the Child, art. 3, para. 1."},{"n":176,"text":"See Committee on the Rights of the Child, general comment No. 10, para. 11; United Nations Rules for the Protection of Juveniles Deprived of their Liberty, para. 11 (b). In contrast, normal supervision of children by parents or family may involve a degree of control over movement, especially of younger children, that would be inappropriate for adults, but that does not constitute a deprivation of liberty; neither do the ordinary requirements of daily school attendance constitute a deprivation of liberty."},{"n":177,"text":"See paragraph 12 above; Convention on the Rights of the Child, arts. 37 (d) and 25."},{"n":178,"text":"General comment No. 32, paras. 42–44; Committee on the Rights of the Child, general comment No. 12, paras. 32–37."},{"n":179,"text":"UNHCR, Detention Guidelines (note 45 above), para. 54 (“Where possible [unaccompanied or separated children] should be released into the care of family members who already have residency within the asylum country. Where this is not possible, alternative care arrangements, such as foster placement or residential homes, should be made by the competent child care authorities, ensuring that the child receives appropriate supervision”).","referencesNote":45}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"24","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0063","docId":"ccpr-c-gc-35","idx":63,"n":63,"text":"In the light of article 2, paragraph 1, of the Covenant, States parties have an obligation to respect and to ensure the rights under article 9 to all persons who may be within their territory and to all persons subject to their jurisdiction.[[fn:180]] Given that arrest and detention bring a person within a State’s effective control, States parties must not arbitrarily or unlawfully arrest or detain individuals outside their territory.[[fn:181]] States parties must not subject persons outside their territory to, inter alia, prolonged incommunicado detention or deprive them of review of the lawfulness of their detention.[[fn:182]] The extraterritorial location of an arrest may be a circumstance relevant to an evaluation of promptness under paragraph 3.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":180,"text":"General comment No. 31, para. 10."},{"n":181,"text":"See ibid.; 52/1979, Saldías de López v. Uruguay, paras. 12.1–13; R.13/56, Celiberti de Casariego v. Uruguay, para. 10.1–11; 623,624,626,627/1995, Domukovsky et al. v. Georgia, para. 18.2.","isIbid":true,"resolvedText":"General comment No. 31, para. 10."},{"n":182,"text":"See concluding observations: United States of America (CCPR/C/USA/CO/3, 2006), paras. 12 and 18."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0064","docId":"ccpr-c-gc-35","idx":64,"n":64,"text":"With regard to article 4 of the Covenant, the Committee first observes that, like the rest of the Covenant, article 9 applies also in situations of armed conflict to which the rules of international humanitarian law are applicable.[[fn:183]] While rules of international humanitarian law may be relevant for the purposes of the interpretation of article 9, both spheres of law are complementary, not mutually exclusive.[[fn:184]] Security detention authorized and regulated by and complying with international humanitarian law in principle is not arbitrary. In conflict situations, access by the International Committee of the Red Cross to all places of detention becomes an essential additional safeguard for the rights to liberty and security of person.","labels":["Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":183,"text":"General comments No. 31, para. 11, and No. 29, para. 3."},{"n":184,"text":"General comments No. 31, para. 11, and No. 29, paras. 3, 12 and 16."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0065","docId":"ccpr-c-gc-35","idx":65,"n":65,"text":"Article 9 is not included in the list of non-derogable rights of article 4, paragraph 2, of the Covenant, but there are limits on States parties’ power to derogate. States parties derogating from normal procedures required under article 9 in circumstances of armed conflict or other public emergency must ensure that such derogations do not exceed those strictly required by the exigencies of the actual situation.[[fn:185]] Derogating measures must also be consistent with a State party’s other obligations under international law, including provisions of international humanitarian law relating to deprivation of liberty, and non-discriminatory.[[fn:186]] The prohibitions against taking of hostages, abductions or unacknowledged detention are therefore not subject to derogation.[[fn:187]]","labels":["Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":185,"text":"General comment No. 29, paras. 4–5. When the emergency justifying measures of derogation arises from the participation of State party’s armed forces in a peacekeeping mission abroad, the geographic and material scope of the derogating measures must be limited to the exigencies of the peacekeeping mission."},{"n":186,"text":"General comment No. 29, paras. 8–9."},{"n":187,"text":"Ibid., para. 13 (b).","isIbid":true,"resolvedText":"General comment No. 29, paras. 8–9."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-35-0066","docId":"ccpr-c-gc-35","idx":66,"n":66,"text":"There are other elements in article 9 that in the Committee’s opinion cannot be made subject to lawful derogation under article 4. The fundamental guarantee against arbitrary detention is non-derogable, insofar as even situations covered by article 4 cannot justify a deprivation of liberty that is unreasonable or unnecessary under the circumstances.[[fn:188]] The existence and nature of a public emergency which threatens the life of the nation may, however, be relevant to a determination of whether a particular arrest or detention is arbitrary. Valid derogations from other derogable rights may also be relevant when a deprivation of liberty is characterized as arbitrary because of its interference with another right protected by the Covenant. During international armed conflict, substantive and procedural rules of international humanitarian law remain applicable and limit the ability to derogate, thereby helping to mitigate the risk of arbitrary detention.[[fn:189]] Outside that context, the requirements of strict necessity and proportionality constrain any derogating measures involving security detention, which must be limited in duration and accompanied by procedures to prevent arbitrary application, as explained in paragraph 15 above,[[fn:190]] including review by a court within the meaning of paragraph 45 above.[[fn:191]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":188,"text":"Ibid., paras. 4 and 11.","isIbid":true,"resolvedText":"General comment No. 29, paras. 8–9."},{"n":189,"text":"Ibid., para. 3.","isIbid":true,"resolvedText":"General comment No. 29, paras. 8–9."},{"n":190,"text":"Ibid., paras. 4, 11 and 15.","isIbid":true,"resolvedText":"General comment No. 29, paras. 8–9."},{"n":191,"text":"Ibid., para. 16; paragraph 67 below.","isIbid":true,"resolvedText":"General comment No. 29, paras. 8–9."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-gc-35-0067","docId":"ccpr-c-gc-35","idx":67,"n":67,"text":"The procedural guarantees protecting liberty of person may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights.[[fn:192]] In order to protect non-derogable rights, including those in articles 6 and 7, the right to take proceedings before a court to enable the court to decide without delay on the lawfulness of detention must not be diminished by measures of derogation.[[fn:193]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":192,"text":"General comment No. 32, para. 6."},{"n":193,"text":"General comment No. 29, para. 16."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-35-0068","docId":"ccpr-c-gc-35","idx":68,"n":68,"text":"While reservations to certain clauses of article 9 may be acceptable, it would be incompatible with the object and purpose of the Covenant for a State party to reserve the right to engage in arbitrary arrest and detention of persons.[[fn:194]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2014,"footnotes":[{"n":194,"text":"General comment No. 24, para. 8."}],"section":["VII. Relationship of article 9 with other articles of the Covenant"],"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-36-0001","docId":"ccpr-c-gc-36","idx":1,"n":1,"text":"1. This general comment replaces general comments No. 6, adopted by the Committee at its sixteenth session (1982), and No. 14, adopted by the Committee at its twenty-third session (1984).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["I. General remarks"]},{"id":"ccpr-c-gc-36-0002","docId":"ccpr-c-gc-36","idx":2,"n":2,"text":"2. Article 6 of the International Covenant on Civil and Political Rights recognizes and protects the right to life of all human beings. The right to life is the supreme right from which no derogation is permitted, even in situations of armed conflict and other public emergencies that threaten the life of the nation. The right to life has crucial importance both for individuals and for society as a whole. It is most precious for its own sake as a right that inheres in every human being, but it also constitutes a fundamental right, the effective protection of which is the prerequisite for the enjoyment of all other human rights and the content of which can be informed by other human rights.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0003","docId":"ccpr-c-gc-36","idx":3,"n":3,"text":"3. The right to life is a right that should not be interpreted narrowly. It concerns the entitlement of individuals to be free from acts and omissions that are intended or may be expected to cause their unnatural or premature death, as well as to enjoy a life with dignity. Article 6 of the Covenant guarantees this right for all human beings, without distinction of any kind, including for persons suspected or convicted of even the most serious crimes.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0004","docId":"ccpr-c-gc-36","idx":4,"n":4,"text":"4. Paragraph 1 of article 6 of the Covenant provides that no one shall be arbitrarily deprived of life and that this right shall be protected by law. It lays the foundation for the obligation of States parties to respect and ensure the right to life, to give effect to it through legislative and other measures, and to provide effective remedies and reparation to all victims of violations of the right to life.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0005","docId":"ccpr-c-gc-36","idx":5,"n":5,"text":"5. Paragraphs 2, 4, 5 and 6 of article 6 of the Covenant set out specific safeguards to ensure that in States parties that have not yet abolished the death penalty, death sentences are not applied except for the most serious crimes, and then only in the most exceptional cases and under the strictest limits (see part IV below). The prohibition on arbitrary deprivation of life contained in article 6 (1) further limits the ability of States parties to apply the death penalty. The provisions in paragraph 3 regulate specifically the relationship between article 6 of the Covenant and the Convention on the Prevention and Punishment of the Crime of Genocide.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0006","docId":"ccpr-c-gc-36","idx":6,"n":6,"text":"6. Deprivation of life involves intentional or otherwise foreseeable and preventable life-terminating harm or injury, caused by an act or omission. It goes beyond injury to bodily or mental integrity or a threat thereto.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["I. General remarks"]},{"id":"ccpr-c-gc-36-0007","docId":"ccpr-c-gc-36","idx":7,"n":7,"text":"7. States parties must respect the right to life. This entails the duty to refrain from engaging in conduct resulting in arbitrary deprivation of life. States parties must also ensure the right to life and exercise due diligence to protect the lives of individuals against deprivations caused by persons or entities whose conduct is not attributable to the State. The obligation of States parties to respect and ensure the right to life extends to reasonably foreseeable threats and life-threatening situations that can result in loss of life. States parties may be in violation of article 6 even if such threats and situations do not result in loss of life.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0008","docId":"ccpr-c-gc-36","idx":8,"n":8,"text":"8. Although States parties may adopt measures designed to regulate voluntary termination of pregnancy, those measures must not result in violation of the right to life of a pregnant woman or girl, or her other rights under the Covenant. Thus, restrictions on the ability of women or girls to seek abortion must not, inter alia, jeopardize their lives, subject them to physical or mental pain or suffering that violates article 7 of the Covenant, discriminate against them or arbitrarily interfere with their privacy. States parties must provide safe, legal and effective access to abortion where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or where the pregnancy is not viable. In addition, States parties may not regulate pregnancy or abortion in all other cases in a manner that runs contrary to their duty to ensure that women and girls do not have to resort to unsafe abortions, and they should revise their abortion laws accordingly. For example, they should not take measures such as criminalizing pregnancy of unmarried women or applying criminal sanctions to women and girls who undergo abortion or to medical service providers who assist them in doing so, since taking such measures compels women and girls to resort to unsafe abortion. States parties should remove existing barriers to effective access by women and girls to safe and legal abortion, including barriers caused as a result of the exercise of conscientious objection by individual medical providers, and should not introduce new barriers. States parties should also effectively protect the lives of women and girls against the mental and physical health risks associated with unsafe abortions. In particular, they should ensure access for women and men, and especially girls and boys, to quality and evidence-based information and education on sexual and reproductive health and to a wide range of affordable contraceptive methods, and prevent the stigmatization of women and girls who seek abortion. States parties should ensure the availability of, and effective access to, quality prenatal and post-abortion health care for women and girls, in all circumstances and on a confidential basis.","labels":["Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["I. General remarks"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-36-0009","docId":"ccpr-c-gc-36","idx":9,"n":9,"text":"9. While acknowledging the central importance to human dignity of personal autonomy, States should take adequate measures, without violating their other Covenant obligations, to prevent suicides, especially among individuals in particularly vulnerable situations, including individuals deprived of their liberty. States parties that allow medical professionals to provide medical treatment or the medical means to facilitate the termination of life of afflicted adults, such as the terminally ill, who experience severe physical or mental pain and suffering and wish to die with dignity, must ensure the existence of robust legal and institutional safeguards to verify that medical professionals are complying with the free, informed, explicit and unambiguous decision of their patients, with a view to protecting patients from pressure and abuse.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["I. General remarks"]},{"id":"ccpr-c-gc-36-0010","docId":"ccpr-c-gc-36","idx":10,"n":10,"text":"10. Although it inheres in every human being, the right to life is not absolute. While the Covenant does not enumerate the permissible grounds for deprivation of life, by requiring that deprivations of life must not be arbitrary, article 6 (1) implicitly recognizes that some deprivations of life may be non-arbitrary. For example, the use of lethal force in self-defence, under the conditions specified in paragraph 12 below, would not constitute an arbitrary deprivation of life. Even those exceptional measures leading to deprivations of life that are not arbitrary per se must be applied in a manner that is not arbitrary in fact. Such exceptional measures should be established by law and accompanied by effective institutional safeguards designed to prevent arbitrary deprivations of life. Furthermore, States that have not abolished the death penalty and that are not parties to the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty, or other treaties providing for the abolition of the death penalty can apply the death penalty only in a non-arbitrary manner, for the most serious crimes and subject to a number of strict conditions elaborated in part IV below.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"article":"6","paragraph":"1","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'article 6 (1) implicitly recognizes that some deprivations of life may be non-arbitrary' — ICCPR art.6(1) (right to life). The Second Optional Protocol is mentioned only as contextual background."}]},{"id":"ccpr-c-gc-36-0011","docId":"ccpr-c-gc-36","idx":11,"n":11,"text":"11. The second sentence of article 6 (1) requires that the right to life be protected by law, while the third sentence requires that no one be arbitrarily deprived of life. The two requirements partly overlap in that a deprivation of life that lacks a legal basis or is otherwise inconsistent with life-protecting laws and procedures is, as a rule, arbitrary in nature. For example, a death sentence issued following legal proceedings conducted in violation of domestic laws of criminal procedure or evidence will generally be both unlawful and arbitrary.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"}]},{"id":"ccpr-c-gc-36-0012","docId":"ccpr-c-gc-36","idx":12,"n":12,"text":"12. Deprivation of life is, as a rule, arbitrary if it is inconsistent with international law or domestic law. A deprivation of life may, nevertheless, be authorized by domestic law and still be arbitrary. The notion of “arbitrariness” is not to be fully equated with “against the law”, but must be interpreted more broadly to include elements of inappropriateness, injustice, lack of predictability and due process of law, as well as elements of reasonableness, necessity and proportionality. In order not to be qualified as arbitrary under article 6, the application of potentially lethal force by a private person acting in self-defence, or by another person coming to his or her defence, must be strictly necessary in view of the threat posed by the attacker; it must represent a method of last resort after other alternatives have been exhausted or deemed inadequate; the amount of force applied cannot exceed the amount strictly needed for responding to the threat; the force applied must be carefully directed, only against the attacker; and the threat responded to must involve imminent death or serious injury. The use of potentially lethal force for law enforcement purposes is an extreme measure that should be resorted to only when strictly necessary in order to protect life or prevent serious injury from an imminent threat. It cannot be used, for example, in order to prevent the escape from custody of a suspected criminal or a convict who does not pose a serious and imminent threat to the lives or bodily integrity of others. The intentional taking of life by any means is permissible only if it is strictly necessary in order to protect life from an imminent threat.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0013","docId":"ccpr-c-gc-36","idx":13,"n":13,"text":"13. States parties are expected to take all necessary measures to prevent arbitrary deprivation of life by their law enforcement officials, including soldiers charged with law enforcement missions. These measures include putting in place appropriate legislation controlling the use of lethal force by law enforcement officials, procedures designed to ensure that law enforcement actions are adequately planned in a manner consistent with the need to minimize the risk they pose to human life, mandatory reporting, review and investigation of lethal incidents and other life-threatening incidents, and supplying forces responsible for crowd control with effective, less-lethal means and adequate protective equipment in order to obviate their need to resort to lethal force (see also para. 14 below). In particular, all operations of law enforcement officials should comply with relevant international standards, including the Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and law enforcement officials should undergo appropriate training designed to inculcate these standards so as to ensure, in all circumstances, the fullest respect for the right to life.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"]},{"id":"ccpr-c-gc-36-0014","docId":"ccpr-c-gc-36","idx":14,"n":14,"text":"14. While preferable to more lethal weapons, States parties should ensure that less-lethal weapons are subject to strict independent testing and evaluate and monitor the impact on the right to life of weapons such as electro-muscular disruption devices (Tasers), rubber or foam bullets, and other attenuating energy projectiles, which are designed for use or are actually used by law enforcement officials, including soldiers charged with law enforcement missions. The use of such weapons must be restricted to law enforcement officials who have undergone appropriate training, and must be strictly regulated in accordance with applicable international standards, including the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Furthermore, less-lethal weapons must be employed only subject to strict requirements of necessity and proportionality, in situations in which other less harmful measures have proven to be or clearly are ineffective to address the threat. States parties should not resort to less-lethal weapons in situations of crowd control that can be addressed through less harmful means, especially situations involving the exercise of the right to peaceful assembly.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"]},{"id":"ccpr-c-gc-36-0015","docId":"ccpr-c-gc-36","idx":15,"n":15,"text":"15. When private individuals or entities are empowered or authorized by a State party to employ force with potentially lethal consequences, the State party is under an obligation to ensure that such employment of force actually complies with article 6 and the State party remains responsible for any failure to comply. Among other things, a State party must rigorously limit the powers afforded to private actors and ensure that strict and effective measures of monitoring and control, as well as adequate training, are in place in order to guarantee, inter alia, that the powers granted are not misused and do not lead to arbitrary deprivation of life. For example, a State party must take adequate measures to ensure that persons who were involved or are currently involved in serious human rights violations or abuses are excluded from private security entities empowered or authorized to employ force. It must also ensure that victims of arbitrary deprivation of life by private individuals or entities empowered or authorized by the State party are granted an effective remedy.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0016","docId":"ccpr-c-gc-36","idx":16,"n":16,"text":"16. Paragraphs 2, 4 and 5 of article 6 implicitly recognize that countries that have not abolished the death penalty and have not ratified the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty, are not legally barred under the Covenant from applying the death penalty with regard to the most serious crimes, subject to a number of strict conditions. Other procedures regulating activity that may result in deprivation of life, such as protocols for administering new drugs, must be established by law, accompanied by effective institutional safeguards designed to prevent arbitrary deprivation of life, and must be compatible with other provisions of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'Paragraphs 2, 4 and 5 of article 6 implicitly recognize that countries that have not abolished the death penalty...are not legally barred under the Covenant' — ICCPR art.6. Second Optional Protocol mentioned as background."}]},{"id":"ccpr-c-gc-36-0017","docId":"ccpr-c-gc-36","idx":17,"n":17,"text":"17. The deprivation of life of individuals through acts or omissions that violate provisions of the Covenant other than article 6 is, as a rule, arbitrary in nature. This includes, for example, the use of force resulting in the death of demonstrators exercising their right to freedom of assembly and the passing of a death sentence following a trial that failed to meet the due process requirements of article 14 of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["II. Prohibition against arbitrary deprivation of life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-36-0018","docId":"ccpr-c-gc-36","idx":18,"n":18,"text":"18. The second sentence of article 6 (1) provides that the right to life “shall be protected by law”. This implies that States parties must establish a legal framework to ensure the full enjoyment of the right to life by all individuals as may be necessary to give effect to the right to life. The duty to protect the right to life by law also includes an obligation for States parties to adopt any appropriate laws or other measures in order to protect life from all reasonably foreseeable threats, including from threats emanating from private persons and entities.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"}]},{"id":"ccpr-c-gc-36-0019","docId":"ccpr-c-gc-36","idx":19,"n":19,"text":"19. The duty to protect by law the right to life requires that any substantive ground for deprivation of life must be prescribed by law and must be defined with sufficient precision to avoid overly broad or arbitrary interpretation or application. Since deprivation of life by the authorities of the State is a matter of the utmost gravity, the law must strictly control and limit the circumstances in which a person may be deprived of his or her life by those authorities, and States parties must ensure full compliance with all of the relevant legal provisions. The duty to protect by law the right to life also requires States parties to organize all State organs and governance structures through which public authority is exercised in a manner consistent with the need to respect and ensure the right to life, including establishing by law adequate institutions and procedures for preventing deprivation of life, investigating and prosecuting potential cases of unlawful deprivation of life, meting out punishment and providing full reparation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0020","docId":"ccpr-c-gc-36","idx":20,"n":20,"text":"20. States parties must enact a protective legal framework that includes effective criminal prohibitions on all manifestations of violence or incitement to violence that are likely to result in deprivation of life, such as intentional and negligent homicide, unnecessary or disproportionate use of firearms, infanticide, “honour” killings, lynching, violent hate crimes, blood feuds, ritual killings, death threats and terrorist attacks. The criminal sanctions attached to these crimes must be commensurate with their gravity, while remaining compatible with all the provisions of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0021","docId":"ccpr-c-gc-36","idx":21,"n":21,"text":"21. The duty to take positive measures to protect the right to life derives from the general duty to ensure the rights recognized in the Covenant, which is articulated in article 2 (1) when read in conjunction with article 6, as well as from the specific duty to protect the right to life by law, which is articulated in the second sentence of article 6. States parties are thus under a due diligence obligation to take reasonable, positive measures that do not impose disproportionate burdens on them in response to reasonably foreseeable threats to life originating from private persons and entities whose conduct is not attributable to the State. Hence, States parties are obliged to take adequate preventive measures in order to protect individuals against reasonably foreseen threats of being murdered or killed by criminals and organized crime or militia groups, including armed or terrorist groups (see also para. 23 below). States parties should also disband irregular armed groups, such as private armies and vigilante groups, that are responsible for deprivations of life and reduce the proliferation of potentially lethal weapons to unauthorized individuals. States parties must further take adequate measures of protection, including continuous supervision, in order to prevent, investigate, punish and remedy arbitrary deprivation of life by private entities, such as private transportation companies, private hospitals and private security firms.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0022","docId":"ccpr-c-gc-36","idx":22,"n":22,"text":"22. States parties must take appropriate measures to protect individuals against deprivation of life by other States, international organizations and foreign corporations operating within their territory or in other areas subject to their jurisdiction. They must also take appropriate legislative and other measures to ensure that all activities taking place in whole or in part within their territory and in other places subject to their jurisdiction, but having a direct and reasonably foreseeable impact on the right to life of individuals outside their territory, including activities undertaken by corporate entities based in their territory or subject to their jurisdiction, are consistent with article 6, taking due account of related international standards of corporate responsibility and of the right of victims to obtain an effective remedy.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0023","docId":"ccpr-c-gc-36","idx":23,"n":23,"text":"23. The duty to protect the right to life requires States parties to take special measures of protection towards persons in vulnerable situations whose lives have been placed at particular risk because of specific threats or pre-existing patterns of violence. Such persons include human rights defenders (see also para. 53 below), officials fighting corruption and organized crime, humanitarian workers, journalists, prominent public figures, witnesses to crime and victims of domestic and gender-based violence and human trafficking. They may also include children, especially children in street situations, unaccompanied migrant children and children in situations of armed conflict, members of ethnic and religious minorities, indigenous peoples, lesbian, gay, bisexual, transgender and intersex persons, persons with albinism, alleged witches, displaced persons, asylum seekers, refugees and stateless persons. States parties must respond urgently and effectively in order to protect individuals who find themselves under a specific threat, by adopting special measures such as the assignment of around-the-clock police protection, the issuance of protection and restraining orders against potential aggressors and, in exceptional cases, and only with the free and informed consent of the threatened individual, protective custody.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Children","Persons in street situations","LGBTI+","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0024","docId":"ccpr-c-gc-36","idx":24,"n":24,"text":"24. Persons with disabilities, including psychosocial or intellectual disabilities, are also entitled to specific measures of protection so as to ensure their effective enjoyment of the right to life on an equal basis with others. Such measures of protection must include the provision of reasonable accommodation when necessary to ensure the right to life, such as ensuring access of persons with disabilities to essential facilities and services, and specific measures designed to prevent unwarranted use of force by law enforcement agents against persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0025","docId":"ccpr-c-gc-36","idx":25,"n":25,"text":"25. States parties also have a heightened duty of care to take any necessary measures to protect the lives of individuals deprived of their liberty by the State, since by arresting, detaining, imprisoning or otherwise depriving individuals of their liberty, States parties assume the responsibility to care for their lives and bodily integrity, and they may not rely on lack of financial resources or other logistical problems to reduce this responsibility. The same heightened duty of care attaches to individuals held in private incarceration facilities operating pursuant to an authorization by the State. The duty to protect the life of all detained individuals includes providing them with the necessary medical care and appropriate regular monitoring of their health, shielding them from inter-prisoner violence, preventing suicides and providing reasonable accommodation for persons with disabilities. A heightened duty to protect the right to life also applies to individuals quartered in liberty-restricting State-run facilities, such as mental health facilities, military camps, refugee camps and camps for internally displaced persons, juvenile institutions and orphanages.","labels":["Refugees & asylum-seekers","Children","Persons deprived of their liberty","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0026","docId":"ccpr-c-gc-36","idx":26,"n":26,"text":"26. The duty to protect life also implies that States parties should take appropriate measures to address the general conditions in society that may give rise to direct threats to life or prevent individuals from enjoying their right to life with dignity. These general conditions may include high levels of criminal and gun violence, pervasive traffic and industrial accidents, degradation of the environment (see also para. 62 below), deprivation of indigenous peoples’ land, territories and resources, the prevalence of life-threatening diseases, such as AIDS, tuberculosis and malaria, extensive substance abuse, widespread hunger and malnutrition and extreme poverty and homelessness. The measures called for to address adequate conditions for protecting the right to life include, where necessary, measures designed to ensure access without delay by individuals to essential goods and services such as food, water, shelter, health care, electricity and sanitation, and other measures designed to promote and facilitate adequate general conditions, such as the bolstering of effective emergency health services, emergency response operations (including firefighters, ambulance services and police forces) and social housing programmes. States parties should also develop strategic plans for advancing the enjoyment of the right to life, which may comprise measures to fight the stigmatization associated with disabilities and diseases, including sexually transmitted diseases, which hamper access to medical care; detailed plans to promote education for non-violence; and campaigns for raising awareness of gender-based violence and harmful practices, and for improving access to medical examinations and treatments designed to reduce maternal and infant mortality. Furthermore, States parties should also develop, when necessary, contingency plans and disaster management plans designed to increase preparedness and address natural and man-made disasters that may adversely affect enjoyment of the right to life, such as hurricanes, tsunamis, earthquakes, radioactive accidents and massive cyberattacks resulting in disruption of essential services.","labels":["Indigenous peoples","Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"]},{"id":"ccpr-c-gc-36-0027","docId":"ccpr-c-gc-36","idx":27,"n":27,"text":"27. An important element of the protection afforded to the right to life by the Covenant is the obligation on the States parties, where they know or should have known of potentially unlawful deprivations of life, to investigate and, where appropriate, prosecute the perpetrators of such incidents, including incidents involving allegations of excessive use of force with lethal consequences (see also para. 64 below). The duty to investigate also arises in circumstances in which a serious risk of deprivation of life was caused by the use of potentially lethal force, even if the risk did not materialize (see also para. 7 above). This obligation is implicit in the obligation to protect and is reinforced by the general duty to ensure the rights recognized in the Covenant, which is articulated in article 2 (1), when read in conjunction with article 6 (1), and the duty to provide an effective remedy to victims of human rights violations and their relatives, which is articulated in article 2 (3) of the Covenant, when read in conjunction with article 6 (1). Investigations and prosecutions of potentially unlawful deprivations of life should be undertaken in accordance with relevant international standards, including the Minnesota Protocol on the Investigation of Potentially Unlawful Death, and must be aimed at ensuring that those responsible are brought to justice, at promoting accountability and preventing impunity, at avoiding denial of justice and at drawing necessary lessons for revising practices and policies with a view to avoiding repeated violations. Investigations should explore, inter alia, the legal responsibility of superior officials with regard to violations of the right to life committed by their subordinates. Given the importance of the right to life, States parties must generally refrain from addressing violations of article 6 merely through administrative or disciplinary measures, and a criminal investigation is normally required, which should lead, if enough incriminating evidence is gathered, to a criminal prosecution. Immunities and amnesties provided to perpetrators of intentional killings and to their superiors, and comparable measures leading to de facto or de jure impunity, are, as a rule, incompatible with the duty to respect and ensure the right to life, and to provide victims with an effective remedy.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0028","docId":"ccpr-c-gc-36","idx":28,"n":28,"text":"28. Investigations into allegations of violations of article 6 must always be independent, impartial, prompt, thorough, effective, credible and transparent (see also para. 64 below). In the event that a violation is found, full reparation must be provided, including, in view of the particular circumstances of the case, adequate measures of compensation, rehabilitation and satisfaction. States parties are also under an obligation to take steps to prevent the occurrence of similar violations in the future. Where relevant, the investigation should include an autopsy of the victim’s body, whenever possible, in the presence of a representative of the victim’s relatives. States parties need to take, among other things, appropriate measures to establish the truth relating to the events leading to the deprivation of life, including the reasons and legal basis for targeting certain individuals and the procedures employed by State forces before, during and after the time at which the deprivation occurred, and identify the bodies of the individuals who have lost their lives. States parties should also disclose relevant details about the investigation to the victim’s next of kin, allow the next of kin to present new evidence, afford the next of kin legal standing in the investigation, and make public information about the investigative steps taken and the findings, conclusions and recommendations emanating from the investigation, subject to absolutely necessary redactions justified by a compelling need to protect the public interest or the privacy and other legal rights of directly affected individuals. States parties must also take the necessary steps to protect witnesses, victims and their relatives and persons conducting the investigation from threats, attacks and any act of retaliation. An investigation into violations of the right to life should commence when appropriate ex officio. States should support and cooperate in good faith with international mechanisms of investigation and prosecutions addressing possible violations of article 6.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0029","docId":"ccpr-c-gc-36","idx":29,"n":29,"text":"29. Loss of life occurring in custody, in unnatural circumstances, creates a presumption of arbitrary deprivation of life by State authorities, which can only be rebutted on the basis of a proper investigation that establishes the State’s compliance with its obligations under article 6. States parties also have a particular duty to investigate allegations of violations of article 6 whenever State authorities have used or appear to have used firearms or other potentially lethal force outside the immediate context of an armed conflict, for example, when live fire has been used against demonstrators, or when civilians have been found dead in circumstances fitting a pattern of alleged violations of the right to life by State authorities.","labels":["Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0030","docId":"ccpr-c-gc-36","idx":30,"n":30,"text":"30. The duty to respect and ensure the right to life requires States parties to refrain from deporting, extraditing or otherwise transferring individuals to countries in which there are substantial grounds for believing that a real risk exists that their right to life under article 6 of the Covenant would be violated. Such a risk must be personal in nature and cannot derive merely from the general conditions in the receiving State, except in the most extreme cases. For example, as explained in paragraph 34 below, it would be contrary to article 6 to extradite an individual from a country that had abolished the death penalty to a country in which he or she might face the death penalty. Similarly, it would be inconsistent with article 6 to deport an individual to a country in which a fatwa had been issued against him or her by local religious authorities, without verifying that the fatwa was not likely to be followed; or to deport an individual to an extremely violent country in which he or she had never lived, had no social or family contacts and could not speak the local language. In cases involving allegations of risk to the life of the removed individual emanating from the authorities of the receiving State, the situation of the removed individual and the conditions in the receiving States need to be assessed, inter alia, based on the intent of the authorities of the receiving State, the pattern of conduct they have shown in similar cases, and the availability of credible and effective assurances about their intentions. When the alleged risk to life emanates from non-State actors or foreign States operating in the territory of the receiving State, credible and effective assurances for protection by the authorities of the receiving State may be sought and internal flight options could be explored. When relying upon assurances from the receiving State of treatment upon removal, the removing State should put in place adequate mechanisms for ensuring compliance with the issued assurances from the moment of removal onwards.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0031","docId":"ccpr-c-gc-36","idx":31,"n":31,"text":"31. The obligation not to extradite, deport or otherwise transfer, pursuant to article 6 of the Covenant, may be broader than the scope of the principle of non-refoulement under international refugee law, since it may also require the protection of aliens not entitled to refugee status. States parties must, however, allow all asylum seekers claiming a real risk of a violation of their right to life in the State of origin access to refugee or other individualized or group status determination procedures that could offer them protection against refoulement.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["III. Duty to protect life"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0032","docId":"ccpr-c-gc-36","idx":32,"n":32,"text":"32. Paragraphs 2, 4, 5 and 6 of article 6 regulate the imposition of the death penalty by those countries that have not yet abolished it.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0033","docId":"ccpr-c-gc-36","idx":33,"n":33,"text":"33. Paragraph 2 of article 6 strictly limits the application of the death penalty, firstly, to States parties that have not abolished the death penalty, and secondly, to the most serious crimes. Given the anomalous nature of regulating the application of the death penalty in an instrument enshrining the right to life, the contents of paragraph 2 have to be narrowly construed.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0034","docId":"ccpr-c-gc-36","idx":34,"n":34,"text":"34. States parties to the Covenant that have abolished the death penalty, through amending their domestic laws, becoming parties to the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty, or adopting another international instrument obligating them to abolish the death penalty, are barred from reintroducing it. Like the Covenant, the Second Optional Protocol does not contain termination provisions and States parties cannot denounce it. Abolition of the death penalty is therefore legally irrevocable. Furthermore, States parties may not transform into a capital offence any offence that, upon ratification of the Covenant or at any time thereafter, did not entail the death penalty. Nor can they remove legal conditions from an existing offence with the result of permitting the imposition of the death penalty in circumstances in which it was not possible to impose it before. States parties that have abolished the death penalty cannot deport, extradite or otherwise transfer persons to a country in which they are facing criminal charges that carry the death penalty, unless credible and effective assurances against the imposition of the death penalty have been obtained. In the same vein, the obligation not to reintroduce the death penalty for any specific crime requires States parties not to deport, extradite or otherwise transfer an individual to a country in which he or she is expected to stand trial for a capital offence, if the same offence does not carry the death penalty in the removing State, unless credible and effective assurances against exposing the individual to the death penalty have been obtained.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"]},{"id":"ccpr-c-gc-36-0035","docId":"ccpr-c-gc-36","idx":35,"n":35,"text":"35. The term “the most serious crimes” must be read restrictively and appertain only to crimes of extreme gravity involving intentional killing. Crimes not resulting directly and intentionally in death, such as attempted murder, corruption and other economic and political crimes, armed robbery, piracy, abduction, drug and sexual offences, although serious in nature, can never serve as the basis, within the framework of article 6, for the imposition of the death penalty. In the same vein, a limited degree of involvement or of complicity in the commission of even the most serious crimes, such as providing the physical means for the commission of murder, cannot justify the imposition of the death penalty. States parties are under an obligation to review their criminal laws so as to ensure that the death penalty is not imposed for crimes that do not qualify as the most serious crimes. They should also revoke death sentences issued for crimes not qualifying as the most serious crimes and pursue the necessary legal procedures to resentence those convicted for such crimes.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0036","docId":"ccpr-c-gc-36","idx":36,"n":36,"text":"36. Under no circumstances can the death penalty ever be applied as a sanction against conduct the very criminalization of which violates the Covenant, including adultery, homosexuality, apostasy, establishing political opposition groups or offending a head of State. States parties that retain the death penalty for such offences commit a violation of their obligations under article 6, read alone and in conjunction with article 2 (2) of the Covenant, as well as of other provisions of the Covenant.","labels":["LGBTI+"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"2","source":"regex"}]},{"id":"ccpr-c-gc-36-0037","docId":"ccpr-c-gc-36","idx":37,"n":37,"text":"37. In all cases involving the application of the death penalty, the personal circumstances of the offender and the particular circumstances of the offence, including its specific attenuating elements, must be considered by the sentencing court. Hence, mandatory death sentences that leave domestic courts with no discretion as to whether to designate the offence as a crime warranting the death penalty, and whether to issue the death sentence in the particular circumstances of the offender, are arbitrary in nature. The availability of a right to seek pardon or commutation on the basis of the special circumstances of the case or the accused is not an adequate substitute for the need for judicial discretion in the application of the death penalty.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"]},{"id":"ccpr-c-gc-36-0038","docId":"ccpr-c-gc-36","idx":38,"n":38,"text":"38. Article 6 (2) also requires States parties to ensure that any death sentence would be “in accordance with the law in force at the time of the commission of the crime”. This application of the principle of legality complements and reaffirms the application of the principle of nulla poena sine lege found in article 15 (1) of the Covenant. As a result, the death penalty can never be imposed if it was not provided by law for the offence at the time of its commission. Nor can the imposition of the death penalty be based on vaguely defined criminal provisions, whose application to the convicted individual depend on subjective or discretionary considerations, the application of which is not reasonably foreseeable. On the other hand, the abolition of the death penalty should apply retroactively to individuals charged or convicted of a capital offence in accordance with the retroactive leniency (lex mitior) principle, which finds partial expression in the third sentence of article 15 (1), requiring States parties to grant offenders the benefit of lighter penalties adopted after the commission of the offence. The retroactive application of the abolition of the death penalty to all individuals charged or convicted of a capital crime also derives from the fact that the need for applying the death penalty cannot be justified once it has been abolished.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"15","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"15","paragraph":"1","source":"regex"}]},{"id":"ccpr-c-gc-36-0039","docId":"ccpr-c-gc-36","idx":39,"n":39,"text":"39. Article 6 (3) reminds all States parties that are also parties to the Convention on the Prevention and Punishment of the Crime of Genocide of their obligations to prevent and punish the crime of genocide, which include the obligation to prevent and punish all deprivations of life, which constitute part of a crime of genocide. Under no circumstances can the death penalty be imposed as part of a policy of genocide against members of a national, ethnic, racial or religious group.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"3","source":"regex"}]},{"id":"ccpr-c-gc-36-0040","docId":"ccpr-c-gc-36","idx":40,"n":40,"text":"40. States parties that have not abolished the death penalty must respect article 7 of the Covenant, which prohibits certain methods of execution. Failure to respect article 7 would inevitably render the execution arbitrary in nature and thus also in violation of article 6. The Committee has already opined that stoning, injection of untested lethal drugs, gas chambers, burning and burying alive and public executions are contrary to article 7. For similar reasons, other painful and humiliating methods of execution are also unlawful under the Covenant. Failure to provide individuals on death row with timely notification about the date of their execution constitutes, as a rule, a form of ill-treatment, which renders the subsequent execution contrary to article 7 of the Covenant. Extreme delays in the implementation of a death penalty sentence that exceed any reasonable period of time necessary to exhaust all legal remedies may also entail the violation of article 7 of the Covenant, especially when the long time on death row exposes sentenced persons to harsh or stressful conditions, including solitary confinement, and when sentenced persons are particularly vulnerable due to factors such as age, health or mental state.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-36-0041","docId":"ccpr-c-gc-36","idx":41,"n":41,"text":"41. Violation of the fair trial guarantees provided for in article 14 of the Covenant in proceedings resulting in the imposition of the death penalty would render the sentence arbitrary in nature, and in violation of article 6 of the Covenant. Such violations might involve the use of forced confessions; the inability of the accused to question relevant witnesses; lack of effective representation involving confidential attorney-client meetings during all stages of the criminal proceedings, including criminal interrogation, preliminary hearings, trial and appeal; failure to respect the presumption of innocence, which may manifest itself in the accused being placed in a cage or being handcuffed during the trial; lack of an effective right of appeal; lack of adequate time and facilities for the preparation of the defence, including the inability to access legal documents essential for conducting the legal defence or appeal, such as official prosecutorial applications to the court, the court’s judgment or the trial transcript; lack of suitable interpretation; failure to provide accessible documents and procedural accommodation for persons with disabilities; excessive and unjustified delays in the trial or the appeal process; and general lack of fairness of the criminal process, or lack of independence or impartiality of the trial or appeal court.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0042","docId":"ccpr-c-gc-36","idx":42,"n":42,"text":"42. Other serious procedural flaws not explicitly covered by article 14 of the Covenant may nonetheless render the imposition of the death penalty contrary to article 6. For example, a failure to promptly inform detained foreign nationals of their right to consular notification pursuant to the Vienna Convention on Consular Relations, resulting in the imposition of the death penalty, and failure to afford individuals about to be deported to a country in which their lives are claimed to be at real risk the opportunity to avail themselves of available appeal procedures would violate article 6 (1) of the Covenant.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"14","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"}]},{"id":"ccpr-c-gc-36-0043","docId":"ccpr-c-gc-36","idx":43,"n":43,"text":"43. The execution of sentenced persons whose guilt has not been established beyond reasonable doubt also constitutes an arbitrary deprivation of life. States parties must therefore take all feasible measures in order to avoid wrongful convictions in death penalty cases, to review procedural barriers to reconsideration of convictions and to re-examine past convictions on the basis of new evidence, including new DNA evidence. States parties should also consider the implications for the evaluation of evidence presented in capital cases of new reliable studies, including studies suggesting the prevalence of false confessions and the unreliability of eyewitness testimony.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"]},{"id":"ccpr-c-gc-36-0044","docId":"ccpr-c-gc-36","idx":44,"n":44,"text":"44. The death penalty must not be imposed in a discriminatory manner contrary to the requirements of articles 2 (1) and 26 of the Covenant. Data suggesting that members of religious, racial or ethnic minorities, indigent persons or foreign nationals are disproportionately likely to face the death penalty may indicate an unequal application of the death penalty, which raises concerns under article 2 (1) read in conjunction with article 6, as well as under article 26.","labels":["Persons living in poverty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"ccpr-c-gc-36-0045","docId":"ccpr-c-gc-36","idx":45,"n":45,"text":"45. According to the last sentence of article 6 (2), the death penalty can only be carried out pursuant to a judgment of a competent court. Such a court must be established by law within the judiciary, be independent of the executive and legislative branches and be impartial. It should be established before the commission of the offence. As a rule, civilians must not be tried for capital crimes before military tribunals and military personnel can be tried for offences carrying the death penalty only before a tribunal affording all fair trial guarantees. Furthermore, the Committee does not consider courts of customary justice to constitute judicial institutions offering sufficient fair trial guarantees to enable them to try capital crimes. The issuance of a death penalty without any trial, for example in the form of a religious edict or military order that the State plans to carry out or allows to be carried out, violates both articles 6 and 14 of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"ccpr-c-gc-36-0046","docId":"ccpr-c-gc-36","idx":46,"n":46,"text":"46. Any penalty of death can be carried out only pursuant to a final judgment, after an opportunity to resort to all judicial appeal procedures has been provided to the sentenced person, and after petitions to all other available non-judicial avenues have been resolved, including supervisory review by prosecutors or courts, and consideration of requests for official or private pardon. Furthermore, death sentences must not be carried out as long as international interim measures requiring a stay of execution are in place. Such interim measures are designed to allow review of the sentence before international courts, human rights courts and commissions, and international monitoring bodies, such as the United Nations treaty bodies. Failure to implement such interim measures is incompatible with the obligation to respect in good faith the procedures established under the specific treaties governing the work of the relevant international bodies.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"]},{"id":"ccpr-c-gc-36-0047","docId":"ccpr-c-gc-36","idx":47,"n":47,"text":"47. States parties are required pursuant to article 6 (4) to allow individuals sentenced to death to seek pardon or commutation, to ensure that amnesties, pardons and commutation can be granted to them in appropriate circumstances, and to ensure that sentences are not carried out before requests for pardon or commutation have been meaningfully considered and conclusively decided upon according to applicable procedures. No category of sentenced persons can be a priori excluded from such measures of relief, nor should the conditions for attainment of relief be ineffective, unnecessarily burdensome, discriminatory in nature or applied in an arbitrary manner. Article 6 (4) does not prescribe a particular procedure for the exercise of the right to seek pardon or commutation and States parties consequently retain discretion in spelling out the relevant procedures. Still, such procedures should be specified in domestic legislation, and they should not afford the families of victims of crime a preponderant role in determining whether the death sentence should be carried out. Furthermore, pardon or commutation procedures must offer certain essential guarantees, including certainty about the processes followed and the substantive criteria applied and the rights for individuals sentenced to death to initiate pardon or commutation procedures and to make representations about their personal or other relevant circumstances, to be informed in advance when the request will be considered, and to be informed promptly about the outcome of the procedure.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"4","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"4","source":"regex"}]},{"id":"ccpr-c-gc-36-0048","docId":"ccpr-c-gc-36","idx":48,"n":48,"text":"48. Article 6 (5) prohibits the imposition of the death penalty for crimes committed by persons below the age of 18 at the time of the offence. This necessarily implies that such persons can never face the death penalty for that offence, regardless of their age at the time of sentencing or at the time foreseen for carrying out the sentence. If there is no reliable and conclusive proof that the person was not below the age of 18 at the time the crime was committed, he or she will have the right to the benefit of the doubt and the death penalty cannot be imposed. Article 6 (5) also prohibits States parties from carrying out the death penalty on pregnant women.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"5","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"5","source":"regex"}]},{"id":"ccpr-c-gc-36-0049","docId":"ccpr-c-gc-36","idx":49,"n":49,"text":"49. States parties must refrain from imposing the death penalty on individuals who face special barriers in defending themselves on an equal basis with others, such as persons whose serious psychosocial or intellectual disabilities impede their effective defence, and on persons who have limited moral culpability. They should also refrain from executing persons who have a diminished ability to understand the reasons for their sentence, and persons whose execution would be exceptionally cruel or would lead to exceptionally harsh results for them and their families, such as persons of advanced age, parents of very young or dependent children, and individuals who have suffered serious human rights violations in the past.","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"]},{"id":"ccpr-c-gc-36-0050","docId":"ccpr-c-gc-36","idx":50,"n":50,"text":"50. Article 6 (6) reaffirms the position that States parties that are not yet totally abolitionist should be on an irrevocable path towards complete eradication of the death penalty, de facto and de jure, in the foreseeable future. The death penalty cannot be reconciled with full respect for the right to life, and abolition of the death penalty is both desirable and necessary for the enhancement of human dignity and progressive development of human rights. It is contrary to the object and purpose of article 6 for States parties to take steps to increase de facto the rate of use of and the extent to which they resort to the death penalty, or to reduce the number of pardons and commutations they grant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0051","docId":"ccpr-c-gc-36","idx":51,"n":51,"text":"51. Although the allusion to the conditions for application of the death penalty in article 6 (2) suggests that when drafting the Covenant, the States parties did not universally regard the death penalty as a cruel, inhuman or degrading punishment per se, subsequent agreements by the States parties or subsequent practice establishing such agreements may ultimately lead to the conclusion that the death penalty is contrary to article 7 of the Covenant under all circumstances. The increasing number of States parties to the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty, other international instruments prohibiting the imposition or carrying out of the death penalty, and the growing number of non-abolitionist States that have nonetheless introduced a de facto moratorium on the exercise of the death penalty, suggest that considerable progress may have been made towards establishing an agreement among the States parties to consider the death penalty as a cruel, inhuman or degrading form of punishment. Such a legal development is consistent with the pro-abolitionist spirit of the Covenant, which manifests itself, inter alia, in the texts of article 6 (6) and the Second Optional Protocol.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["IV. Imposition of the death penalty"],"citedArticles":[{"article":"6","paragraph":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the allusion to the conditions for application of the death penalty in article 6 (2) suggests that when drafting the Covenant' — ICCPR art.6(2). Second Optional Protocol mentioned in same sentence only as contextual reference."},{"article":"7","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'the death penalty is contrary to article 7 of the Covenant under all circumstances' — ICCPR art.7 (prohibition of torture/CIDT)."},{"article":"6","paragraph":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'consistent with the pro-abolitionist spirit of the Covenant, which manifests itself, inter alia, in the texts of article 6 (6) and the Second Optional Protocol' — ICCPR art.6(6). The Second Optional Protocol is listed alongside art.6(6) as a separate item, not the source of art.6(6)."}]},{"id":"ccpr-c-gc-36-0052","docId":"ccpr-c-gc-36","idx":52,"n":52,"text":"52. The standards and guarantees of article 6 both overlap and interact with other provisions of the Covenant. Some forms of conduct simultaneously violate both article 6 and another article. For example, applying the death penalty in response to a crime that does not constitute a most serious crime (see also para. 35 above) would violate both article 6 (2) and, in light of the extreme nature of the punishment, article 7. At other times, the contents of article 6 (1) are informed by the contents of other articles. For example, application of the death penalty may amount to an arbitrary deprivation of life under article 6 by virtue of the fact that it represents a punishment for exercising freedom of expression, in violation of article 19.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"}]},{"id":"ccpr-c-gc-36-0053","docId":"ccpr-c-gc-36","idx":53,"n":53,"text":"53. Article 6 also reinforces the obligations of States parties under the Covenant and the Optional Protocol to protect individuals against reprisals for promoting and striving to protect and realize human rights, including through cooperation or communication with the Committee. States parties must take the necessary measures to respond to death threats and to provide adequate protection to human rights defenders, including the creation and maintenance of a safe and enabling environment for defending human rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"'Article 6 also reinforces the obligations of States parties under the Covenant and the Optional Protocol to protect individuals against reprisals' — ICCPR art.6 (right to life), with Optional Protocol as procedural context only."}]},{"id":"ccpr-c-gc-36-0054","docId":"ccpr-c-gc-36","idx":54,"n":54,"text":"54. Torture and ill-treatment, which may seriously affect the physical and mental health of the mistreated individual, could also generate the risk of deprivation of life. Furthermore, criminal convictions resulting in the death penalty that are based on information procured by torture or cruel, inhuman or degrading treatment of interrogated persons would violate articles 7 and 14 (3) (g) of the Covenant, as well as article 6 (see also para. 41 above).","labels":["Persons with disabilities"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"14","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0055","docId":"ccpr-c-gc-36","idx":55,"n":55,"text":"55. Returning individuals to countries where there are substantial grounds for believing that they face a real risk to their lives violates articles 6 and 7 of the Covenant (see also para. 31 above). In addition, making an individual who has been sentenced to death believe that the sentence has been commuted only to inform him or her later that it has not, and placing an individual on death row pursuant to a death sentence that is void ab initio, would run contrary to both articles 6 and 7.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-36-0056","docId":"ccpr-c-gc-36","idx":56,"n":56,"text":"56. The arbitrary deprivation of life of an individual may cause his or her relatives mental suffering, which could amount to a violation of their own rights under article 7 of the Covenant. Furthermore, even when the deprivation of life is not arbitrary, failure to provide relatives with information on the circumstances of the death of an individual may violate their rights under article 7, as could failure to inform them of the location of the body, and, where the death penalty is applied, of the date on which the State party plans to carry out the death penalty. Relatives of individuals deprived of their life by the State must be able to receive the remains, if they so wish.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-36-0057","docId":"ccpr-c-gc-36","idx":57,"n":57,"text":"57. The right to life guaranteed by article 6 of the Covenant, including the right to protection of life under article 6 (1), may overlap with the right to security of person guaranteed by article 9 (1). Extreme forms of arbitrary detention that are themselves life-threatening, in particular enforced disappearances, violate the right to personal liberty and personal security and are incompatible with the right to life (see also para. 58 below). Failure to respect the procedural guarantees found in article 9 (3) and (4), designed inter alia to prevent disappearances, could also result in a violation of article 6.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"9","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"9","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0058","docId":"ccpr-c-gc-36","idx":58,"n":58,"text":"58. Enforced disappearance constitutes a unique and integrated series of acts and omissions representing a grave threat to life. The deprivation of liberty, followed by a refusal to acknowledge that deprivation of liberty or by concealment of the fate of the disappeared person, in effect removes that person from the protection of the law and places his or her life at serious and constant risk, for which the State is accountable. It thus results in a violation of the right to life as well as other rights recognized in the Covenant, in particular, article 7 (prohibition of torture or cruel, inhuman or degrading treatment or punishment), article 9 (liberty and security of person) and article 16 (right to recognition as a person before the law). States parties must take adequate measures to prevent the enforced disappearance of individuals, and conduct an effective and speedy inquiry to establish the fate and whereabouts of persons who may have been subject to enforced disappearance. States parties should also ensure that the enforced disappearance of persons is punished with appropriate criminal sanctions, and introduce prompt and effective procedures for cases of disappearance to be investigated thoroughly by independent and impartial bodies that operate, as a rule, within the ordinary criminal justice system. They should bring to justice the perpetrators of such acts and omissions and ensure that victims of enforced disappearance and their relatives are informed about the outcome of the investigation and are provided with full reparation. Under no circumstances should families of victims of enforced disappearance be obliged to declare them dead in order to be eligible for reparation. States parties should also provide families of victims of disappeared persons with the means to regularize their legal status in relation to the disappeared persons after an appropriate period of time.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"16","source":"regex"}]},{"id":"ccpr-c-gc-36-0059","docId":"ccpr-c-gc-36","idx":59,"n":59,"text":"59. A particular connection exists between article 6 and article 20, which prohibits any propaganda for war and certain forms of advocacy constituting incitement to discrimination, hostility or violence. Failure to comply with these obligations under article 20 may also constitute a failure to take the necessary measures to protect the right to life under article 6.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0060","docId":"ccpr-c-gc-36","idx":60,"n":60,"text":"60. Article 24 (1) of the Covenant entitles every child to such measures of protection as are required by his or her status as a minor, on the part of his or her family, society and the State. This article requires adoption of special measures designed to protect the life of every child, in addition to the general measures required by article 6 for protecting the lives of all individuals. When taking special measures of protection, States parties should be guided by the best interests of the child, and by the need to ensure all children’s survival, development and well-being.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"24","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0061","docId":"ccpr-c-gc-36","idx":61,"n":61,"text":"61. The right to life must be respected and ensured without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or any other status, including caste, ethnicity, membership of an indigenous group, sexual orientation or gender identity, disability, socioeconomic status, albinism and age. Legal protections for the right to life must apply equally to all individuals and provide them with effective guarantees against all forms of discrimination, including multiple and intersectional forms of discrimination. Any deprivation of life based on discrimination in law or in fact is ipso facto arbitrary in nature. Femicide, which constitutes an extreme form of gender-based violence that is directed against girls and women, is a particularly grave form of assault on the right to life.","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"]},{"id":"ccpr-c-gc-36-0062","docId":"ccpr-c-gc-36","idx":62,"n":62,"text":"62. Environmental degradation, climate change and unsustainable development constitute some of the most pressing and serious threats to the ability of present and future generations to enjoy the right to life. The obligations of States parties under international environmental law should thus inform the content of article 6 of the Covenant, and the obligation of States parties to respect and ensure the right to life should also inform their relevant obligations under international environmental law. Implementation of the obligation to respect and ensure the right to life, and in particular life with dignity, depends, inter alia, on measures taken by States parties to preserve the environment and protect it against harm, pollution and climate change caused by public and private actors. States parties should therefore ensure sustainable use of natural resources, develop and implement substantive environmental standards, conduct environmental impact assessments and consult with relevant States about activities likely to have a significant impact on the environment, provide notification to other States concerned about natural disasters and emergencies and cooperate with them, provide appropriate access to information on environmental hazards and pay due regard to the precautionary approach.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0063","docId":"ccpr-c-gc-36","idx":63,"n":63,"text":"63. In light of article 2 (1) of the Covenant, a State party has an obligation to respect and ensure the rights under article 6 of all persons who are within its territory and all persons subject to its jurisdiction, that is, all persons over whose enjoyment of the right to life it exercises power or effective control. This includes persons located outside any territory effectively controlled by the State whose right to life is nonetheless affected by its military or other activities in a direct and reasonably foreseeable manner (see para. 22 above). States also have obligations under international law not to aid or assist activities undertaken by other States and non-State actors that violate the right to life. Furthermore, States parties must respect and protect the lives of individuals located in places that are under their effective control, such as occupied territories, and in territories over which they have assumed an international obligation to apply the Covenant. States parties are also required to respect and protect the lives of all individuals located on marine vessels and aircraft registered by them or flying their flag, and of those individuals who find themselves in a situation of distress at sea, in accordance with their international obligations on rescue at sea. Given that the deprivation of liberty brings a person within a State’s effective control, States parties must respect and protect the right to life of all individuals arrested or detained by them, even if held outside their territory.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0064","docId":"ccpr-c-gc-36","idx":64,"n":64,"text":"64. Like the rest of the Covenant, article 6 continues to apply also in situations of armed conflict to which the rules of international humanitarian law are applicable, including to the conduct of hostilities. While rules of international humanitarian law may be relevant for the interpretation and application of article 6 when the situation calls for their application, both spheres of law are complementary, not mutually exclusive. Use of lethal force consistent with international humanitarian law and other applicable international law norms is, in general, not arbitrary. By contrast, practices inconsistent with international humanitarian law, entailing a risk to the lives of civilians and other persons protected by international humanitarian law, including the targeting of civilians, civilian objects and objects indispensable to the survival of the civilian population, indiscriminate attacks, failure to apply the principles of precaution and proportionality, and the use of human shields would also violate article 6 of the Covenant. States parties should, in general, disclose the criteria for attacking with lethal force individuals or objects whose targeting is expected to result in deprivation of life, including the legal basis for specific attacks, the process of identification of military targets and combatants or persons taking a direct part in hostilities, the circumstances in which relevant means and methods of warfare have been used, and whether less harmful alternatives were considered. They must also investigate alleged or suspected violations of article 6 in situations of armed conflict in accordance with the relevant international standards (see paras. 27–28 above).","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0065","docId":"ccpr-c-gc-36","idx":65,"n":65,"text":"65. States parties engaged in the deployment, use, sale or purchase of existing weapons and in the study, development, acquisition or adoption of weapons, and means or methods of warfare, must always consider their impact on the right to life. For example, the development of autonomous weapon systems lacking in human compassion and judgment raises difficult legal and ethical questions concerning the right to life, including questions relating to legal responsibility for their use. The Committee is therefore of the view that such weapon systems should not be developed and put into operation, either in times of war or in times of peace, unless it has been established that their use conforms with article 6 and other relevant norms of international law.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0066","docId":"ccpr-c-gc-36","idx":66,"n":66,"text":"66. The threat or use of weapons of mass destruction, in particular nuclear weapons, which are indiscriminate in effect and are of a nature to cause destruction of human life on a catastrophic scale, is incompatible with respect for the right to life and may amount to a crime under international law. States parties must take all necessary measures to stop the proliferation of weapons of mass destruction, including measures to prevent their acquisition by non-State actors, to refrain from developing, producing, testing, acquiring, stockpiling, selling, transferring and using them, to destroy existing stockpiles, and to take adequate measures of protection against accidental use, all in accordance with their international obligations. They must also respect their international obligations to pursue in good faith negotiations in order to achieve the aim of nuclear disarmament under strict and effective international control, and to afford adequate reparation to victims whose right to life has been or is being adversely affected by the testing or use of weapons of mass destruction, in accordance with principles of international responsibility.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"]},{"id":"ccpr-c-gc-36-0067","docId":"ccpr-c-gc-36","idx":67,"n":67,"text":"67. Article 6 is included in the list of non-derogable rights in article 4 (2) of the Covenant. Hence, the guarantees against arbitrary deprivation of life contained in article 6 continue to apply in all circumstances, including in situations of armed conflict and other public emergencies. The existence and nature of a public emergency that threatens the life of the nation may, however, be relevant to a determination of whether a particular act or omission leading to deprivation of life is arbitrary and to a determination of the scope of the positive measures that States parties must take. Although some Covenant rights other than the right to life may be subject to derogation, derogable rights that support the application of article 6 must not be diminished by measures of derogation. Such rights include procedural guarantees, such as the right to fair trial in death penalty cases, and accessible and effective measures to vindicate rights, such as the duty to take appropriate measures to investigate, prosecute, punish and remedy violations of the right to life.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"4","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0068","docId":"ccpr-c-gc-36","idx":68,"n":68,"text":"68. Reservations with respect to the peremptory and non-derogable obligations set out in article 6 are incompatible with the object and purpose of the Covenant. In particular, no reservation is permitted to the prohibition against arbitrary deprivation of life of persons and to the strict limits provided in article 6 with respect to the application of the death penalty.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-36-0069","docId":"ccpr-c-gc-36","idx":69,"n":69,"text":"69. Wars and other acts of mass violence continue to be a scourge of humanity resulting in the loss of many thousands of lives every year. Efforts to avert the risks of war and any other armed conflict, and to strengthen international peace and security, are among the most important safeguards of the right to life.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"]},{"id":"ccpr-c-gc-36-0070","docId":"ccpr-c-gc-36","idx":70,"n":70,"text":"70. States parties engaged in acts of aggression as defined in international law, resulting in deprivation of life, violate ipso facto article 6 of the Covenant. At the same time, all States are reminded of their responsibility as members of the international community to protect lives and to oppose widespread or systematic attacks on the right to life, including acts of aggression, international terrorism, genocide, crimes against humanity and war crimes, while respecting all of their obligations under international law. States parties that fail to take all reasonable measures to settle their international disputes by peaceful means might fall short of complying with their positive obligation to ensure the right to life.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2019,"footnotes":[],"section":["V. Relationship of article 6 with other articles of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"ccpr-c-gc-37-0001","docId":"ccpr-c-gc-37","idx":1,"n":1,"text":"1. The fundamental human right of peaceful assembly enables individuals to express themselves collectively and to participate in shaping their societies. The right of peaceful assembly is important in its own right, as it protects the ability of people to exercise individual autonomy in solidarity with others. Together with other related rights, it also constitutes the very foundation of a system of participatory governance based on democracy, human rights, the rule of law and pluralism. Peaceful assemblies can play a critical role in allowing participants to advance ideas and aspirational goals in the public domain and to establish the extent of support for or opposition to those ideas and goals. Where they are used to air grievances, peaceful assemblies may create opportunities for the inclusive, participatory and peaceful resolution of differences.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["I. Introduction"]},{"id":"ccpr-c-gc-37-0002","docId":"ccpr-c-gc-37","idx":2,"n":2,"text":"2. The right of peaceful assembly is, moreover, a valuable tool that can and has been used to recognize and realize a wide range of other rights, including economic, social and cultural rights. It is of particular importance to marginalized individuals and groups. Failure to respect and ensure the right of peaceful assembly is typically a marker of repression.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["I. Introduction"]},{"id":"ccpr-c-gc-37-0003","docId":"ccpr-c-gc-37","idx":3,"n":3,"text":"3. The first sentence of article 21 of the International Covenant on Civil and Political Rights provides that: “The right of peaceful assembly shall be recognized.” The right is articulated in similar terms in other international and regional instruments,[[fn:1]] and its content has been elaborated upon by monitoring bodies, for example in their views, concluding observations, resolutions, interpretive guidelines and judicial decisions.[[fn:2]] In addition to being bound by international law to recognize the right of peaceful assembly, the vast majority of States also recognize the right in their national constitutions.[[fn:3]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":1,"text":"For example, the Universal Declaration of Human Rights (art. 20 (1)); the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) (art. 11); the American Convention on Human Rights (art. 15); and the African Charter on Human and Peoples’ Rights (art. 11). The Arab Charter on Human Rights protects the right for citizens (art. 24). Specific obligations relating to participation in peaceful assemblies can also be found in the Convention on the Rights of the Child (art. 15); the International Convention on the Elimination of All Forms of Racial Discrimination (art. 5 (d) (ix)); and the African Charter on the Rights and Welfare of the Child (art. 8)."},{"n":2,"text":"For examples from the regional mechanisms, see Organization for Security and Cooperation in Europe (OSCE), Office for Democratic Institutions and Human Rights, and European Commission for Democracy through Law (Venice Commission), Guidelines on Freedom of Peaceful Assembly, 3rd ed. (Warsaw/Strasbourg, 2019); African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa (Banjul, 2017) and Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa (Banjul, 2017); and Inter-American Commission on Human Rights, Office of the Special Rapporteur for Freedom of Expression, Protest and Human Rights: Standards on the rights involved in social protest and the obligations to guide the response of the State (2019)."},{"n":3,"text":"A total of 184 of the 193 States Members of the United Nations recognize the right to peaceful assembly in their constitutions. See www.rightofassembly.info."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0004","docId":"ccpr-c-gc-37","idx":4,"n":4,"text":"4. The right of peaceful assembly protects the non-violent gathering by persons for specific purposes, principally expressive ones.[[fn:4]] It constitutes an individual right that is exercised collectively.[[fn:5]] Inherent to the right is thus an associative element.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":4,"text":"Kivenmaa v. Finland (CCPR/C/50/D/412/1990), para. 7.6; Sekerko v. Belarus (CCPR/C/109/D/1851/2008), para. 9.3; and Poplavny and Sudalenko v. Belarus (CCPR/C/118/D/2139/2012), para. 8.5."},{"n":5,"text":"General comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, para. 9."}],"section":["I. Introduction"]},{"id":"ccpr-c-gc-37-0005","docId":"ccpr-c-gc-37","idx":5,"n":5,"text":"5. Everyone has the right of peaceful assembly: citizens and non-citizens alike. It may be exercised by, for example, foreign nationals,[[fn:6]] migrants (documented or undocumented),[[fn:7]] asylum seekers, refugees[[fn:8]] and stateless persons.","labels":["Refugees & asylum-seekers","Migrants","Non-citizens and stateless"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":6,"text":"General comment No. 15 (1986) on the position of aliens under the Covenant, paras. 1–2; and CCPR/C/KWT/CO/3, para. 42."},{"n":7,"text":"CCPR/C/DOM/CO/6, para. 32."},{"n":8,"text":"CCPR/C/NPL/CO/2, para. 14."}],"section":["I. Introduction"]},{"id":"ccpr-c-gc-37-0006","docId":"ccpr-c-gc-37","idx":6,"n":6,"text":"6. Article 21 of the Covenant protects peaceful assemblies wherever they take place: outdoors, indoors and online; in public and private spaces; or a combination thereof. Such assemblies may take many forms, including demonstrations, protests, meetings, processions, rallies, sit-ins, candlelit vigils and flash mobs. They are protected under article 21 whether they are stationary, such as pickets, or mobile, such as processions or marches.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0007","docId":"ccpr-c-gc-37","idx":7,"n":7,"text":"7. In many cases, peaceful assemblies do not pursue controversial goals and cause little or no disruption. The aim might indeed be, for example, to commemorate a national day or celebrate the outcome of a sporting event. However, peaceful assemblies can sometimes be used to pursue contentious ideas or goals. Their scale or nature can cause disruption, for example of vehicular or pedestrian movement or economic activity.[[fn:9]] These consequences, whether intended or unintended, do not call into question the protection such assemblies enjoy. To the extent that an event may create such disruptions or risks, these must be managed within the framework of the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":9,"text":"CCPR/C/KOR/Q/4, para. 26."}],"section":["I. Introduction"]},{"id":"ccpr-c-gc-37-0008","docId":"ccpr-c-gc-37","idx":8,"n":8,"text":"8. The recognition of the right of peaceful assembly imposes a corresponding obligation on States parties to respect and ensure its exercise without discrimination.[[fn:10]] This requires States to allow such assemblies to take place without unwarranted interference and to facilitate the exercise of the right and to protect the participants. The second sentence of article 21 provides grounds for potential restrictions, but any such restrictions must be narrowly drawn. There are, in effect, limits on the restrictions that may be imposed.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":10,"text":"International Covenant on Civil and Political Rights, art. 2 (1)."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0009","docId":"ccpr-c-gc-37","idx":9,"n":9,"text":"9. The full protection of the right of peaceful assembly is possible only when other, often overlapping, rights are also protected, notably freedom of expression, freedom of association and political participation.[[fn:11]] Protection of the right of peaceful assembly is often also dependent on the realization of a broader range of civil and political rights, and economic, social and cultural rights. Where individuals’ conduct places them outside the scope of the protection of article 21, for example because they are behaving violently, they retain their other rights under the Covenant, subject to the applicable limitations and restrictions.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":11,"text":"A/HRC/39/28, para. 14."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0010","docId":"ccpr-c-gc-37","idx":10,"n":10,"text":"10. The way in which assemblies are conducted and their context changes over time. This may in turn affect how they are approached by the authorities. For example, given that emerging communications technologies offer the opportunity to assemble either wholly or partly online and often play an integral role in organizing, participating in and monitoring physical gatherings, interference with such communications can impede assemblies. While surveillance technologies can be used to detect threats of violence and thus to protect the public, they can also infringe on the right to privacy and other rights of participants and bystanders and have a chilling effect. Moreover, there is increased private ownership and other forms of control of publicly accessible spaces and communication platforms. Considerations such as these need to inform a contemporary understanding of the legal framework that article 21 requires.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0011","docId":"ccpr-c-gc-37","idx":11,"n":11,"text":"11. Establishing whether or not someone’s participation in an assembly is protected under article 21 entails a two-stage process. It must first be established whether or not the conduct of the person in question falls within the scope of the protection offered by the right, in that it amounts to participation in a “peaceful assembly” (as described in the present section). If so, the State must respect and ensure the rights of the participants (as described in section III below). Second, it must be established whether or not any restrictions applied to the exercise of the right are legitimate in that context (as described in section IV below).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0012","docId":"ccpr-c-gc-37","idx":12,"n":12,"text":"12. Participating in an “assembly” entails organizing or taking part in a gathering of persons for a purpose such as expressing oneself, conveying a position on a particular issue or exchanging ideas. The gathering can also be intended to assert or affirm group solidarity or identity. Assemblies may, in addition to having such aims, serve other goals, such as an entertainment, cultural, religious or commercial objective, and still be protected under article 21.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0013","docId":"ccpr-c-gc-37","idx":13,"n":13,"text":"13. While the notion of an assembly implies that there will be more than one participant in the gathering,[[fn:12]] a single protester enjoys comparable protections under the Covenant, for example under article 19. Although the exercise of the right of peaceful assembly is normally understood to pertain to the physical gathering of persons, article 21 protection also extends to remote participation in, and organization of, assemblies, for example online.[[fn:13]]","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":12,"text":"Coleman v. Australia (CCPR/C/87/D/1157/2003), para. 6.4."},{"n":13,"text":"See A/HRC/41/41."}],"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0014","docId":"ccpr-c-gc-37","idx":14,"n":14,"text":"14. Peaceful assemblies are often organized in advance, allowing time for the organizers to notify the authorities to make the necessary preparations. However, spontaneous assemblies, which are typically direct responses to current events, whether coordinated or not, are equally protected under article 21. Counterdemonstrations occur when one assembly takes place to express opposition to another. Both assemblies can fall within the scope of the protection of article 21.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0015","docId":"ccpr-c-gc-37","idx":15,"n":15,"text":"15. A “peaceful” assembly stands in contradistinction to one characterized by widespread and serious violence. The terms “peaceful” and “non-violent” are thus used interchangeably in this context. The right of peaceful assembly may, by definition, not be exercised using violence. “Violence” in the context of article 21 typically entails the use by participants of physical force against others that is likely to result in injury or death, or serious damage to property.[[fn:14]] Mere pushing and shoving or disruption of vehicular or pedestrian movement or daily activities do not amount to “violence”.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":14,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 51."}],"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0016","docId":"ccpr-c-gc-37","idx":16,"n":16,"text":"16. If the conduct of participants in an assembly is peaceful, the fact that certain domestic legal requirements pertaining to an assembly have not been met by its organizers or participants does not, on its own, place the participants outside the scope of the protection of article 21.[[fn:15]] Collective civil disobedience or direct action campaigns can be covered by article 21, provided that they are non-violent.[[fn:16]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":15,"text":"European Court of Human Rights, Frumkin v. Russia (application No. 74568/12), judgment of 5 January 2016, para. 97."},{"n":16,"text":"CCPR/C/CHN-MAC/CO/1, para. 16."}],"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0017","docId":"ccpr-c-gc-37","idx":17,"n":17,"text":"17. There is not always a clear dividing line between assemblies that are peaceful and those that are not, but there is a presumption in favour of considering assemblies to be peaceful.[[fn:17]] Moreover, isolated acts of violence by some participants should not be attributed to others, to the organizers or to the assembly as such.[[fn:18]] Thus, some participants in an assembly may be covered by article 21, while others in the same assembly are not.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":17,"text":"A/HRC/31/66, para. 18."},{"n":18,"text":"Inter-American Court of Human Rights, Women Victims of Sexual Torture in Atenco v. Mexico, judgment of 28 November 2018, series C, No. 371, para. 175; and European Court of Human Rights, Frumkin v. Russia, para. 99."}],"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0018","docId":"ccpr-c-gc-37","idx":18,"n":18,"text":"18. The question of whether or not an assembly is peaceful must be answered with reference to violence that originates from the participants. Violence against participants in a peaceful assembly by the authorities, or by agents provocateurs acting on their behalf, does not render the assembly non-peaceful. The same applies to violence by members of the public aimed at the assembly, or by participants in counterdemonstrations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["II. Scope of the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0019","docId":"ccpr-c-gc-37","idx":19,"n":19,"text":"19. The conduct of specific participants in an assembly may be deemed violent if authorities can present credible evidence that, before or during the event, those participants are inciting others to use violence, and such actions are likely to cause violence; that the participants have violent intentions and plan to act on them; or that violence on their part is imminent.[[fn:19]] Isolated instances of such conduct will not suffice to taint an entire assembly as non-peaceful, but where it is manifestly widespread within the assembly, participation in the gathering as such is no longer protected under article 21.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":19,"text":"Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (A/HRC/22/17/Add.4, appendix), para. 29 (f)."}],"section":["II. Scope of the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0020","docId":"ccpr-c-gc-37","idx":20,"n":20,"text":"20. The carrying by participants of objects that are or could be viewed as weapons or of protective equipment such as gas masks or helmets is not necessarily sufficient to deem those participants’ conduct violent. That has to be determined on a case-by-case basis, dependent on, among other considerations, domestic regulation on the carrying of weapons (especially firearms), local cultural practices, whether there is evidence of violent intent, and the risk of violence presented by the presence of such objects.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["II. Scope of the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0021","docId":"ccpr-c-gc-37","idx":21,"n":21,"text":"21. The Covenant imposes the obligation on States parties “to respect and to ensure” all the rights in the Covenant (art. 2 (1)); to take legal and other measures to achieve this purpose (art. 2 (2)); and to pursue accountability, and provide effective remedies for violations of Covenant rights (art. 2 (3)).[[fn:20]] The obligation of States parties regarding the right of peaceful assembly thus comprises these various elements, although the right may in some cases be restricted according to the criteria listed in article 21.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":20,"text":"See also general comment No. 31."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"3","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0022","docId":"ccpr-c-gc-37","idx":22,"n":22,"text":"22. States must leave it to the participants to determine freely the purpose or any expressive content of an assembly. The approach of the authorities to peaceful assemblies and any restrictions imposed must thus in principle be content neutral,[[fn:21]] and must not be based on the identity of the participants or their relationship with the authorities. Moreover, while the time, place and manner of assemblies may under some circumstances be the subject of legitimate restrictions under article 21, given the typically expressive nature of assemblies, participants must as far as possible be enabled to conduct assemblies within sight and sound of their target audience.[[fn:22]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":21,"text":"Alekseev v. Russian Federation (CCPR/C/109/D/1873/2009), para. 9.6. See also Amelkovich v. Belarus (CCPR/C/125/D/2720/2016), para. 6.6; and CCPR/C/GNQ/CO/1, paras. 54–55."},{"n":22,"text":"Strizhak v. Belarus (CCPR/C/124/D/2260/2013), para. 6.5."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0023","docId":"ccpr-c-gc-37","idx":23,"n":23,"text":"23. The obligation to respect and ensure peaceful assemblies imposes negative and positive duties on States before, during and after assemblies. The negative duty entails that there be no unwarranted interference with peaceful assemblies. States are obliged, for example, not to prohibit, restrict, block, disperse or disrupt peaceful assemblies without compelling justification, nor to sanction participants or organizers without legitimate cause.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0024","docId":"ccpr-c-gc-37","idx":24,"n":24,"text":"24. Moreover, States parties have certain positive duties to facilitate peaceful assemblies and to make it possible for participants to achieve their objectives.[[fn:23]] States must thus promote an enabling environment for the exercise of the right of peaceful assembly without discrimination, and put in place a legal and institutional framework within which the right can be exercised effectively. Specific measures may sometimes be required on the part of the authorities. For example, they may need to block off streets, redirect traffic or provide security. Where needed, States must also protect participants against possible abuse by non-State actors, such as interference or violence by other members of the public,[[fn:24]] counterdemonstrators and private security providers.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":23,"text":"Since issuing its Views in Turchenyak et al. v. Belarus (CCPR/C/108/D/1948/2010 and Corr.1), the Committee has often repeated that steps taken by States in response to an assembly “should be guided by the objective to facilitate the right” (para. 7.4). See also CCPR/C/BEN/CO/2, para. 33, A/HRC/20/27, para. 33, and Human Rights Council resolution 38/11."},{"n":24,"text":"Alekseev v. Russian Federation, para. 9.6."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0025","docId":"ccpr-c-gc-37","idx":25,"n":25,"text":"25. States must ensure that laws and their interpretation and application do not result in discrimination in the enjoyment of the right of peaceful assembly, for example on the basis of race, colour, ethnicity, age, sex, language, property, religion or belief, political or other opinion, national or social origin, birth, minority, indigenous or other status, disability, sexual orientation or gender identity, or other status.[[fn:25]] Particular efforts must be made to ensure the equal and effective facilitation and protection of the right of peaceful assembly of individuals who are members of groups that are or have been subjected to discrimination, or that may face particular challenges in participating in assemblies.[[fn:26]] Moreover, States have a duty to protect participants from all forms of discriminatory abuse and attacks.[[fn:27]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":25,"text":"CCPR/C/GEO/CO/4, para. 8; CCPR/C/MNG/CO/6, paras. 11–12; CCPR/C/RUS/CO/7, para. 10; and CCPR/C/PRY/CO/3, para. 9. See also CRC/C/KEN/CO/3-5, paras. 27–28; and United Nations Declaration on the Rights of Indigenous Peoples, art. 2."},{"n":26,"text":"A/HRC/31/66, para. 16."},{"n":27,"text":"CCPR/C/CHL/CO/6, para. 19. See also Fedotova v. Russian Federation (CCPR/C/106/D/1932/2010), para. 10.4."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0026","docId":"ccpr-c-gc-37","idx":26,"n":26,"text":"26. The right of peaceful assembly does not exempt participants from challenges by other members of society. States must respect and ensure counterdemonstrations as assemblies in their own right, while preventing undue disruption of the assemblies to which they are opposed.[[fn:28]] States must in principle take a content-neutral approach to counterdemonstrations, which must be allowed to take place, as far as possible, within sight and sound of the assemblies against which they are directed.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":28,"text":"European Court of Human Rights, Plattform “Ärzte für das Leben” v. Austria (application No. 10126/82), judgment of 21 June 1988, para. 32."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0027","docId":"ccpr-c-gc-37","idx":27,"n":27,"text":"27. The possibility that a peaceful assembly may provoke adverse or even violent reactions from some members of the public is not sufficient grounds to prohibit or restrict the assembly.[[fn:29]] States are obliged to take all reasonable measures that do not impose disproportionate burdens upon them to protect all participants and to allow such assemblies to take place in an uninterrupted manner (see also para. 52 below).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":29,"text":"African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa, para. 70 (a)."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0028","docId":"ccpr-c-gc-37","idx":28,"n":28,"text":"28. A functioning and transparent legal and decision-making system lies at the core of the duty to respect and ensure peaceful assemblies. Domestic law must recognize the right of peaceful assembly, clearly set out the duties and responsibilities of all public officials involved, be aligned with the relevant international standards and be publicly accessible. States must ensure public awareness about the law and relevant regulations, including any procedures to be followed by those wishing to exercise the right, who the responsible authorities are, the rules applicable to those officials, and the remedies available for alleged violations of rights.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0029","docId":"ccpr-c-gc-37","idx":29,"n":29,"text":"29. States parties must ensure independent and transparent oversight of all bodies involved with peaceful assemblies, including through timely access to effective remedies, including judicial remedies, or to national human rights institutions, with a view to upholding the right before, during and after an assembly.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0030","docId":"ccpr-c-gc-37","idx":30,"n":30,"text":"30. The role of journalists, human rights defenders, election monitors and others involved in monitoring or reporting on assemblies is of particular importance for the full enjoyment of the right of peaceful assembly. Those persons are entitled to protection under the Covenant.[[fn:30]] They may not be prohibited from, or unduly limited in, exercising these functions, including with respect to monitoring the actions of law enforcement officials. They must not face reprisals or other harassment, and their equipment must not be confiscated or damaged.[[fn:31]] Even if an assembly is declared unlawful or is dispersed, that does not terminate the right to monitor. It is a good practice for independent national human rights institutions and non-governmental organizations to monitor assemblies.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":30,"text":"Zhagiparov v. Kazakhstan (CCPR/C/124/D/2441/2014), paras. 13.2–13.5. See also the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms."},{"n":31,"text":"CCPR/C/MRT/CO/1, para. 22. See also General Assembly resolution 66/164."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0031","docId":"ccpr-c-gc-37","idx":31,"n":31,"text":"31. States parties hold the primary responsibility for the realization of the right of peaceful assembly. However, business enterprises have a responsibility to respect human rights, including the right of peaceful assembly of, for example, communities affected by their activities and of their employees.[[fn:32]] Private entities and broader society may be expected to accept some level of disruption as a result of the exercise of the right.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":32,"text":"Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0032","docId":"ccpr-c-gc-37","idx":32,"n":32,"text":"32. Given that peaceful assemblies often have expressive functions, and that political speech enjoys particular protection as a form of expression, it follows that assemblies with a political message should enjoy a heightened level of accommodation and protection.[[fn:33]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":33,"text":"General comment No. 34 (2011) on the freedoms of opinion and expression, paras. 34, 37–38 and 42–43. See also CCPR/C/LAO/CO/1, para. 33."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0033","docId":"ccpr-c-gc-37","idx":33,"n":33,"text":"33. Article 21 and its related rights do not only protect participants while and where an assembly is ongoing. Associated activities conducted by an individual or by a group, outside the immediate context of the gathering but which are integral to making the exercise meaningful, are also covered. The obligations of States parties thus extend to actions such as participants’ or organizers’ mobilization of resources; planning; dissemination of information about an upcoming event;[[fn:34]] preparation for and travelling to the event;[[fn:35]] communication between participants leading up to and during the assembly; broadcasting of or from the assembly; and leaving the assembly afterwards. These activities may, like participation in the assembly itself, be subject to restrictions, but these must be narrowly drawn. Moreover, no one should be harassed or face other reprisals as a result of their presence at or affiliation with a peaceful assembly.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":34,"text":"Tulzhenkova v. Belarus (CCPR/C/103/D/1838/2008), para. 9.3."},{"n":35,"text":"Evrezov et al. v. Belarus (CCPR/C/112/D/1999/2010 and Corr.1), para. 8.5."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0034","docId":"ccpr-c-gc-37","idx":34,"n":34,"text":"34. Many associated activities happen online or otherwise rely upon digital services. Such activities are also protected under article 21. States parties must not, for example, block or hinder Internet connectivity in relation to peaceful assemblies.[[fn:36]] The same applies to geotargeted or technology-specific interference with connectivity or access to content. States should ensure that the activities of Internet service providers and intermediaries do not unduly restrict assemblies or the privacy of assembly participants. Any restrictions on the operation of information dissemination systems must conform with the tests for restrictions on freedom of expression.[[fn:37]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":36,"text":"CCPR/C/CMR/CO/5, para. 41."},{"n":37,"text":"General comment No. 34, para. 34."}],"section":["III. Obligation of States parties regarding the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0035","docId":"ccpr-c-gc-37","idx":35,"n":35,"text":"35. While all organs of State carry the obligation to respect and ensure the right of peaceful assembly, decisions on assemblies are often taken at the local level. States must therefore ensure adequate training and resources for officials involved in these decisions at all levels of government.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["III. Obligation of States parties regarding the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0036","docId":"ccpr-c-gc-37","idx":36,"n":36,"text":"36. While the right of peaceful assembly may in certain cases be limited, the onus is on the authorities to justify any restrictions.[[fn:38]] Authorities must be able to show that any restrictions meet the requirement of legality, and are also both necessary for and proportionate to at least one of the permissible grounds for restrictions enumerated in article 21, as discussed below. Where this onus is not met, article 21 is violated.[[fn:39]] The imposition of any restrictions should be guided by the objective of facilitating the right, rather than seeking unnecessary and disproportionate limitations on it.[[fn:40]] Restrictions must not be discriminatory, impair the essence of the right, or be aimed at discouraging participation in assemblies or causing a chilling effect.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":38,"text":"Gryb v. Belarus (CCPR/C/103/D/1316/2004), para. 13.4."},{"n":39,"text":"Chebotareva v. Russian Federation (CCPR/C/104/D/1866/2009), para. 9.3."},{"n":40,"text":"Turchenyak et al. v. Belarus, para. 7.4."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0037","docId":"ccpr-c-gc-37","idx":37,"n":37,"text":"37. The prohibition of a specific assembly can be considered only as a measure of last resort. Where the imposition of restrictions on an assembly is deemed necessary, the authorities should first seek to apply the least intrusive measures. States should also consider allowing an assembly to take place and deciding afterwards whether measures should be taken regarding possible transgressions during the event, rather than imposing prior restraints in an attempt to eliminate all risks.[[fn:41]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":41,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, paras. 132 and 220–222."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0038","docId":"ccpr-c-gc-37","idx":38,"n":38,"text":"38. Any restrictions on participation in peaceful assemblies should be based on a differentiated or individualized assessment of the conduct of the participants and the assembly concerned. Blanket restrictions on peaceful assemblies are presumptively disproportionate.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0039","docId":"ccpr-c-gc-37","idx":39,"n":39,"text":"39. The second sentence of article 21 provides that no restrictions may be placed on the exercise of the right of peaceful assembly other than those imposed in conformity with the law. This poses the formal requirement of legality, akin to the requirement that limitations must be “provided by law” in other articles of the Covenant. Restrictions must thus be imposed through law or administrative decisions based on law. The laws in question must be sufficiently precise to allow members of society to decide how to regulate their conduct and may not confer unfettered or sweeping discretion on those charged with their enforcement.[[fn:42]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":42,"text":"Nepomnyashchiy v. Russian Federation (CCPR/C/123/D/2318/2013), para. 7.7; and general comment No. 34, para. 25."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0040","docId":"ccpr-c-gc-37","idx":40,"n":40,"text":"40. Article 21 provides that any restrictions must be “necessary in a democratic society”. Restrictions must therefore be necessary and proportionate in the context of a society based on democracy, the rule of law, political pluralism and human rights, as opposed to being merely reasonable or expedient.[[fn:43]] Such restrictions must be appropriate responses to a pressing social need, relating to one of the permissible grounds listed in article 21. They must also be the least intrusive among the measures that might serve the relevant protective function.[[fn:44]] Moreover, they must be proportionate, which requires a value assessment, weighing the nature and detrimental impact of the interference on the exercise of the right against the resultant benefit to one of the grounds for interfering.[[fn:45]] If the detriment outweighs the benefit, the restriction is disproportionate and thus not permissible.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":43,"text":"General comment No. 34, para. 34."},{"n":44,"text":"Toregozhina v. Kazakhstan (CCPR/C/112/D/2137/2012), para. 7.4."},{"n":45,"text":"Ibid., paras. 7.4 and 7.6. See also OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 131."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0041","docId":"ccpr-c-gc-37","idx":41,"n":41,"text":"41. The last part of the second sentence of article 21 sets out the legitimate grounds on which the right of peaceful assembly may be restricted. This is an exhaustive list, consisting of the following grounds: the interests of national security; public safety; public order (ordre public); the protection of public health or morals; or the protection of the rights and freedoms of others.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0042","docId":"ccpr-c-gc-37","idx":42,"n":42,"text":"42. The “interests of national security” may serve as a ground for restrictions if such restrictions are necessary to preserve the State’s capacity to protect the existence of the nation, its territorial integrity or political independence against a credible threat or use of force.[[fn:46]] This threshold will only exceptionally be met by assemblies that are “peaceful”. Moreover, where the very reason that national security has deteriorated is the suppression of human rights, this cannot be used to justify further restrictions, including on the right of peaceful assembly.[[fn:47]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":46,"text":"Siracusa Principles on the Limitation and Derogation of Provisions in the International Covenant on Civil and Political Rights (E/CN.4/1985/4, annex), para. 29."},{"n":47,"text":"Ibid., para. 32."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0043","docId":"ccpr-c-gc-37","idx":43,"n":43,"text":"43. For the protection of “public safety” to be invoked as a ground for restrictions on the right of peaceful assembly,[[fn:48]] it must be established that the assembly creates a real and significant risk to the safety of persons (to life or security of person) or a similar risk of serious damage to property.[[fn:49]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":48,"text":"CCPR/C/MKD/CO/3, para. 19; and Alekseev v. Russian Federation, para. 9.5."},{"n":49,"text":"Siracusa Principles on the Limitation and Derogation of Provisions in the International Covenant on Civil and Political Rights, para. 33."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0044","docId":"ccpr-c-gc-37","idx":44,"n":44,"text":"44. “Public order” refers to the sum of the rules that ensure the proper functioning of society, or the set of fundamental principles on which society is founded, which also entails respect for human rights, including the right of peaceful assembly.[[fn:50]] States parties should not rely on a vague definition of “public order” to justify overbroad restrictions on the right of peaceful assembly.[[fn:51]] Peaceful assemblies can in some cases be inherently or deliberately disruptive and require a significant degree of toleration. “Public order” and “law and order” are not synonyms, and the prohibition of “public disorder” in domestic law should not be used unduly to restrict peaceful assemblies.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":50,"text":"Ibid., para. 22."},{"n":51,"text":"CCPR/C/KAZ/CO/1, para. 26; and CCPR/C/DZA/CO/4, paras. 45–46."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0045","docId":"ccpr-c-gc-37","idx":45,"n":45,"text":"45. The protection of “public health” may exceptionally permit restrictions to be imposed, for example where there is an outbreak of an infectious disease and gatherings are dangerous. This may in extreme cases also be applicable where the sanitary situation during an assembly presents a substantial health risk to the general public or to the participants themselves.[[fn:52]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":52,"text":"European Court of Human Rights, Cisse v. France (application No. 51346/99), judgment of 9 April 2002."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0046","docId":"ccpr-c-gc-37","idx":46,"n":46,"text":"46. Restrictions on peaceful assemblies should only exceptionally be imposed for the protection of “morals”. If used at all, this ground should not be used to protect understandings of morality deriving exclusively from a single social, philosophical or religious tradition,[[fn:53]] and any such restrictions must be understood in the light of the universality of human rights, pluralism and the principle of non-discrimination.[[fn:54]] Restrictions based on this ground may not, for instance, be imposed because of opposition to expressions of sexual orientation or gender identity.[[fn:55]]","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":53,"text":"General comment No. 22 (1993) on the right to freedom of thought, conscience and religion, para. 8."},{"n":54,"text":"General comment No. 34, para. 32."},{"n":55,"text":"Fedotova v. Russian Federation, paras. 10.5–10.6; and Alekseev v. Russian Federation, para. 9.6."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0047","docId":"ccpr-c-gc-37","idx":47,"n":47,"text":"47. Restrictions imposed for the protection of “the rights and freedoms of others” may relate to the protections under the Covenant or other human rights of people not participating in the assembly. At the same time, assemblies are a legitimate use of public and other spaces, and since they may entail by their very nature a certain level of disruption to ordinary life, such disruptions must be accommodated, unless they impose a disproportionate burden, in which case the authorities must be able to provide detailed justification for any restrictions.[[fn:56]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":56,"text":"Stambrovsky v. Belarus (CCPR/C/112/D/1987/2010), para. 7.6; and Pugach v. Belarus (CCPR/C/114/D/1984/2010), para. 7.8."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0048","docId":"ccpr-c-gc-37","idx":48,"n":48,"text":"48. In addition to the general framework for restrictions provided for in article 21, as discussed above, additional considerations are relevant to restrictions on the right of peaceful assembly. Central to the realization of the right is the requirement that any restrictions, in principle, be content neutral, and thus not be related to the message conveyed by the assembly.[[fn:57]] A contrary approach defeats the very purpose of peaceful assemblies as a potential tool of political and social participation that allows people to advance ideas and establish the extent of the support that they enjoy.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":57,"text":"Alekseev v. Russian Federation, para. 9.6."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0049","docId":"ccpr-c-gc-37","idx":49,"n":49,"text":"49. The rules applicable to freedom of expression should be followed when dealing with any expressive elements of assemblies. Restrictions on peaceful assemblies must thus not be used, explicitly or implicitly, to stifle expression of political opposition to a government,[[fn:58]] challenges to authority, including calls for democratic changes of government, the constitution or the political system, or the pursuit of self-determination. They should not be used to prohibit insults to the honour and reputation of officials or State organs.[[fn:59]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":58,"text":"CCPR/C/MDG/CO/4, para. 51."},{"n":59,"text":"CCPR/C/79/Add. 86, para. 18; and general comment No. 34, para. 38."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0050","docId":"ccpr-c-gc-37","idx":50,"n":50,"text":"50. In accordance with article 20 of the Covenant, peaceful assemblies may not be used for propaganda for war (art. 20 (1)), or for advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (art. 20 (2)). As far as possible, action should be taken in such cases against the individual perpetrators, rather than against the assembly as a whole. Participation in assemblies whose dominant message falls within the scope of article 20 must be addressed in conformity with the requirements for restrictions set out in articles 19 and 21.[[fn:60]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":60,"text":"General comment No. 34, paras. 50–52; International Convention on the Elimination of All Forms of Racial Discrimination, art. 4; and Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013) on combating racist hate speech. See also the Rabat Plan of Action, para. 29, and the Beirut Declaration on Faith for Rights (A/HRC/40/58, annexes I and II)."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"20","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"20","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0051","docId":"ccpr-c-gc-37","idx":51,"n":51,"text":"51. Generally, the use of flags, uniforms, signs and banners is to be regarded as a legitimate form of expression that should not be restricted, even if such symbols are reminders of a painful past. In exceptional cases, where such symbols are directly and predominantly associated with incitement to discrimination, hostility or violence, appropriate restrictions should apply.[[fn:61]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":61,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 152. See also European Court of Human Rights, Fáber v. Hungary (application No. 40721/08), judgment of 24 October 2012, paras. 56–58."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0052","docId":"ccpr-c-gc-37","idx":52,"n":52,"text":"52. The fact that an assembly provokes or may provoke a hostile reaction from members of the public against participants, as a general rule, does not justify restriction; the assembly must be allowed to go ahead, and its participants must be protected (see para. 18 above). However, in the exceptional case where the State is manifestly unable to protect the participants from a severe threat to their safety, restrictions on participation in the assembly may be imposed. Any such restrictions must be able to withstand strict scrutiny. An unspecified risk of violence, or the mere possibility that the authorities will not have the capacity to prevent or neutralize the violence emanating from those opposed to the assembly, is not enough; the State must be able to show, based on a concrete risk assessment, that it would not be able to contain the situation, even if significant law enforcement capability were to be deployed.[[fn:62]] Less intrusive restrictions, such as postponement or relocation of the assembly, must be considered before resort to prohibition.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":62,"text":"Alekseev v. Russian Federation, para. 9.6."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0053","docId":"ccpr-c-gc-37","idx":53,"n":53,"text":"53. The regulation of the time, place and manner of assemblies is generally content neutral, and while there is some scope for restrictions that regulate these elements, the onus remains on the authorities to justify any such restriction on a case-by-case basis.[[fn:63]] Any such restrictions should still, as far as possible, allow participants to assemble within sight and sound of their target audience, or at whatever site is otherwise important to their purpose.[[fn:64]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":63,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 132."},{"n":64,"text":"Turchenyak et al. v. Belarus, para. 7.4."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0054","docId":"ccpr-c-gc-37","idx":54,"n":54,"text":"54. Concerning restrictions on the time of assemblies, participants must have sufficient opportunity to manifest their views or to pursue their other purposes effectively.[[fn:65]] Peaceful assemblies should generally be left to end by themselves. Restrictions on the precise time of day or date when assemblies can or cannot be held raise concerns about their compatibility with the Covenant.[[fn:66]] Assemblies should not be limited solely because of their frequency. The timing, duration or frequency of a demonstration may, for example, play a central role in achieving its objective. However, the cumulative impact of sustained gatherings may be weighed in a proportionality assessment of a restriction. For example, certain assemblies held regularly at night in residential areas might have a significant impact on those living nearby.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":65,"text":"European Court of Human Rights, Éva Molnár v. Hungary (application No. 10346/05), judgment of 7 October 2008, para. 42."},{"n":66,"text":"CCPR/C/KOR/CO/4, para. 52; and CCPR/C/TJK/CO/3, para. 49."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0055","docId":"ccpr-c-gc-37","idx":55,"n":55,"text":"55. As for restrictions on the element of place, peaceful assemblies may in principle be conducted in all spaces to which the public has access or should have access, such as public squares and streets.[[fn:67]] While rules concerning public access to some spaces, such as buildings and parks, may also limit the right to assemble in such places, the application of such restrictions to peaceful assemblies must be justifiable in terms of article 21. Peaceful assemblies should not be relegated to remote areas where they cannot effectively capture the attention of those who are being addressed, or the general public.[[fn:68]] As a general rule, there can be no blanket ban on all assemblies in the capital city,[[fn:69]] in all public places except one specific location within a city[[fn:70]] or outside the city centre,[[fn:71]] or on all the streets in a city.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":67,"text":"Inter-American Commission on Human Rights, Protest and Human Rights, para. 72."},{"n":68,"text":"CCPR/C/KAZ/CO/1, para. 26."},{"n":69,"text":"CCPR/C/DZA/CO/4, para. 45."},{"n":70,"text":"Turchenyak et al. v. Belarus, para. 7.5."},{"n":71,"text":"Sudalenko v. Belarus (CCPR/C/113/D/1992/2010), para. 8.5."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0056","docId":"ccpr-c-gc-37","idx":56,"n":56,"text":"56. The designation of the perimeters of places such as courts, parliaments, sites of historical significance or other official buildings as areas where assemblies may not take place should generally be avoided, inter alia, because these are public spaces. Any restrictions on assemblies in and around such places must be specifically justified and narrowly circumscribed.[[fn:72]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":72,"text":"Zündel v. Canada (CCPR/C/78/D/953/2000), para. 8.5."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0057","docId":"ccpr-c-gc-37","idx":57,"n":57,"text":"57. While gatherings in private spaces fall within the scope of the right of peaceful assembly,[[fn:73]] the interests of others with rights in the property must be given due weight. The extent to which restrictions may be imposed on such a gathering depends on considerations such as whether the space is routinely publicly accessible, the nature and extent of the potential interference caused by the gathering with the interests of others with rights in the property, whether those holding rights in the property approve of such use, whether the ownership of the space is contested through the gathering and whether participants have other reasonable means to achieve the purpose of the assembly, in accordance with the sight and sound principle.[[fn:74]] Access to private property may not be denied on a discriminatory basis.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":73,"text":"Giménez v. Paraguay (CCPR/C/123/D/2372/2014), para. 8.3; and European Court of Human Rights, Annenkov and others v. Russia (application No. 31475/10), judgment of 25 July 2017, para. 122."},{"n":74,"text":"European Court of Human Rights, Appleby and others v. United Kingdom (application No. 44306/98), judgment of 6 May 2003, para. 47."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0058","docId":"ccpr-c-gc-37","idx":58,"n":58,"text":"58. As far as restrictions on the manner of peaceful assemblies are concerned, participants should be left to determine whether they want to use equipment such as posters, megaphones, musical instruments or other technical means, such as projection equipment, to convey their message. Assemblies may entail the temporary erection of structures, including sound systems, to reach their audience or otherwise achieve their purpose.[[fn:75]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":75,"text":"European Court of Human Rights, Frumkin v. Russia, para. 107."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0059","docId":"ccpr-c-gc-37","idx":59,"n":59,"text":"59. In general, States parties should not limit the number of participants in assemblies.[[fn:76]] Any such restriction can be accepted only if there is a clear connection with a legitimate ground for restrictions as set out in article 21, for example where public safety considerations dictate a maximum crowd capacity for a stadium or a bridge, or where public health considerations dictate physical distancing.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":76,"text":"CCPR/C/THA/CO/2, para. 39."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0060","docId":"ccpr-c-gc-37","idx":60,"n":60,"text":"60. The wearing of face coverings or other disguises by assembly participants, such as hoods or masks, or taking other steps to participate anonymously may form part of the expressive element of a peaceful assembly or serve to counter reprisals or to protect privacy, including in the context of new surveillance technologies. The anonymity of participants should be allowed unless their conduct presents reasonable grounds for arrest,[[fn:77]] or there are other similarly compelling reasons, such as the fact that the face covering forms part of a symbol that is, exceptionally, restricted for the reasons referred to above (see para. 51). The use of disguises should not in itself be deemed to signify violent intent.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":77,"text":"OSCE and Venice Commission, Guidelines on Peaceful Assembly, para. 153; and African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa, para. 81."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0061","docId":"ccpr-c-gc-37","idx":61,"n":61,"text":"61. While the collection of relevant information and data by authorities may under certain circumstances assist the facilitation of assemblies, it must not result in suppressing rights or creating a chilling effect. Any information gathering, whether by public or private entities, including through surveillance or the interception of communications, and the way in which data are collected, shared, retained and accessed, must strictly conform to applicable international standards, including on the right to privacy, and may never be aimed at intimidating or harassing participants or would-be participants in assemblies.[[fn:78]] Such practices should be regulated by appropriate and publicly accessible domestic legal frameworks that are compatible with international standards and subject to scrutiny by the courts.[[fn:79]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":78,"text":"A/HRC/31/66, para. 73."},{"n":79,"text":"CCPR/C/KOR/CO/4, paras. 42–43."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0062","docId":"ccpr-c-gc-37","idx":62,"n":62,"text":"62. The mere fact that a particular assembly takes place in public does not mean that participants’ privacy cannot be violated. The right to privacy may be infringed, for example, by facial recognition and other technologies that can identify individual participants in a crowd.[[fn:80]] The same applies to the monitoring of social media to glean information about participation in peaceful assemblies. Independent and transparent scrutiny and oversight must be exercised over the decision to collect the personal information and data of those engaged in peaceful assemblies and over its sharing or retention, with a view to ensuring the compatibility of such actions with the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":80,"text":"A/HRC/44/24, paras. 33–34."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0063","docId":"ccpr-c-gc-37","idx":63,"n":63,"text":"63. The freedom of public officials to participate in peaceful assemblies should not be limited more than is strictly required by the need to ensure public confidence in their impartiality, and thus their ability to perform their service duties,[[fn:81]] and any such restrictions must comply with article 21.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":81,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 110."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0064","docId":"ccpr-c-gc-37","idx":64,"n":64,"text":"64. Requirements for participants or organizers either to arrange for or to contribute towards the costs of policing or security,[[fn:82]] medical assistance or cleaning,[[fn:83]] or other public services associated with peaceful assemblies are generally not compatible with article 21.[[fn:84]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":82,"text":"CCPR/C/CHE/CO/4, para. 48."},{"n":83,"text":"Poliakov v. Belarus (CCPR/C/111/D/2030/2011), paras. 8.2–8.3; and CCPR/C/BLR/CO/5, para. 51 (a)."},{"n":84,"text":"African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa, para. 102 (b)."}],"section":["IV. Restrictions on the right of peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0065","docId":"ccpr-c-gc-37","idx":65,"n":65,"text":"65. Organizers and participants are expected to comply with the legal requirements made of an assembly, and they may be held accountable for their own unlawful conduct, including the incitement of others.[[fn:85]] If, in exceptional circumstances, organizers are held accountable for damage or injuries for which they were not directly responsible, it must be confined to cases in which evidence shows that the organizers could reasonably have foreseen and prevented the damage or injuries.[[fn:86]] It is good practice for organizers to appoint stewards or marshals where necessary, but this should not be a legal requirement.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":85,"text":"A/HRC/31/66, para. 26."},{"n":86,"text":"OSCE and Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 224."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0066","docId":"ccpr-c-gc-37","idx":66,"n":66,"text":"66. Authorities may not require pledges or undertakings from individuals not to organize or participate in future assemblies.[[fn:87]] Conversely, no one may be forced to participate in an assembly.[[fn:88]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":87,"text":"CCPR/C/KHM/CO/2, para. 22; and CCPR/C/JOR/CO/5, para. 32."},{"n":88,"text":"CCPR/C/TKM/CO/2, para. 44."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0067","docId":"ccpr-c-gc-37","idx":67,"n":67,"text":"67. Where criminal or administrative sanctions are imposed on organizers of or participants in a peaceful assembly for their unlawful conduct, such sanctions must be proportionate, non-discriminatory in nature and must not be based on ambiguous or overbroadly defined offences, or suppress conduct protected under the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0068","docId":"ccpr-c-gc-37","idx":68,"n":68,"text":"68. While acts of terrorism must be criminalized in conformity with international law, the definition of such crimes must not be overbroad or discriminatory and must not be applied so as to curtail or discourage the exercise of the right of peaceful assembly.[[fn:89]] The mere act of organizing or participating in a peaceful assembly cannot be criminalized under counter-terrorism laws.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":89,"text":"CCPR/C/SWZ/CO/1, para. 36; and CCPR/C/BHR/CO/1, para. 29. See also A/HRC/40/52."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0069","docId":"ccpr-c-gc-37","idx":69,"n":69,"text":"69. Recourse to courts or other tribunals to seek a remedy concerning restrictions must be readily available, including the possibility of appeal or review. The timeliness and duration of such proceedings against restrictions on an assembly must not jeopardize the exercise of the right.[[fn:90]] The procedural guarantees of the Covenant apply in all such cases, and also to issues such as detention or the imposition of sanctions, including fines, in connection with peaceful assemblies.[[fn:91]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":90,"text":"CCPR/C/POL/CO/6, para. 23."},{"n":91,"text":"E.V. v. Belarus (CCPR/C/112/D/1989/2010), para. 6.6."}],"section":["IV. Restrictions on the right of peaceful assembly"]},{"id":"ccpr-c-gc-37-0070","docId":"ccpr-c-gc-37","idx":70,"n":70,"text":"70. Having to apply for permission from the authorities undercuts the idea that peaceful assembly is a basic right.[[fn:92]] Notification systems requiring that those who intend to organize a peaceful assembly must inform the authorities in advance and provide certain salient details are permissible to the extent necessary to assist the authorities in facilitating the smooth conduct of peaceful assemblies and protecting the rights of others.[[fn:93]] At the same time, this requirement must not be misused to stifle peaceful assemblies and, as in the case of other interferences with the right, must be justifiable on the grounds listed in article 21.[[fn:94]] The enforcement of notification requirements must not become an end in itself.[[fn:95]] Notification procedures should be transparent, not unduly bureaucratic,[[fn:96]] their demands on organizers must be proportionate to the potential public impact of the assembly concerned, and they should be free of charge.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":92,"text":"CCPR/C/MAR/CO/6, para. 45; CCPR/C/GMB/CO/2, para. 41; and African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa, para. 71."},{"n":93,"text":"Kivenmaa v. Finland, para. 9.2. See also African Commission on Human and Peoples’ Rights, Guidelines on Freedom of Association and Assembly in Africa, para. 72."},{"n":94,"text":"Kivenmaa v. Finland, para. 9.2. See also Sekerko v. Belarus, para. 9.4."},{"n":95,"text":"Popova v. Russian Federation (CCPR/C/122/D/2217/2012), para. 7.5."},{"n":96,"text":"Poliakov v. Belarus, para. 8.3."}],"section":["V. Notification regimes"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0071","docId":"ccpr-c-gc-37","idx":71,"n":71,"text":"71. A failure to notify the authorities of an upcoming assembly, where required, does not render the act of participation in the assembly unlawful, and must not in itself be used as a basis for dispersing the assembly or arresting the participants or organizers, or for imposing undue sanctions, such as charging the participants or organizers with criminal offences. Where administrative sanctions are imposed on organizers for failure to notify, this must be justified by the authorities.[[fn:97]] Lack of notification does not absolve the authorities from the obligation, within their abilities, to facilitate the assembly and to protect the participants.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":97,"text":"See, e.g., Popova v. Russian Federation, paras. 7.4–7.5. See also A/HRC/31/66, para. 23."}],"section":["V. Notification regimes"]},{"id":"ccpr-c-gc-37-0072","docId":"ccpr-c-gc-37","idx":72,"n":72,"text":"72. Any notification requirements for pre-planned assemblies must be provided for in domestic law. The minimum period of advance notification might vary according to the context and level of facilitation required, but it should not be excessively long.[[fn:98]] If restrictions are imposed following a notification, they should be communicated early enough to allow time for access to the courts or other mechanisms to challenge them. Any notification regime should exclude assemblies for which the impact of a gathering on others can reasonably be expected to be minimal, for example because of its nature, location or limited size or duration. Notification must not be required for spontaneous assemblies for which there is not enough time to provide notice.[[fn:99]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":98,"text":"CCPR/CO/83/KEN, para. 23; CCPR/C/CHE/CO/4, para. 48; and CCPR/C/DZA/CO/4, para. 45."},{"n":99,"text":"Popova v. Russian Federation, para. 7.5. See also European Court of Human Rights, Éva Molnár v. Hungary, para. 38."}],"section":["V. Notification regimes"]},{"id":"ccpr-c-gc-37-0073","docId":"ccpr-c-gc-37","idx":73,"n":73,"text":"73. Where authorization regimes persist in domestic law, they must in practice function as a system of notification, with authorization being granted as a matter of course, in the absence of compelling reasons to do otherwise. Notification regimes, for their part, must not in practice function as authorization systems.[[fn:100]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":100,"text":"CCPR/C/UZB/CO/5, paras. 46–47; and CCPR/C/JOR/CO/5, para. 32."}],"section":["V. Notification regimes"]},{"id":"ccpr-c-gc-37-0074","docId":"ccpr-c-gc-37","idx":74,"n":74,"text":"74. Law enforcement officials involved in policing assemblies must respect and ensure the exercise of the fundamental rights of organizers and participants, while also protecting journalists,[[fn:101]] monitors and observers, medical personnel and other members of the public, as well as public and private property, from harm.[[fn:102]] The basic approach of the authorities should be, where necessary, to seek to facilitate peaceful assemblies.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":101,"text":"CCPR/C/AGO/CO/1, para. 21; CCPR/C/GEO/CO/4, para. 12; and CCPR/C/KOR/CO/4, para. 52."},{"n":102,"text":"A/HRC/31/66, para. 41."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0075","docId":"ccpr-c-gc-37","idx":75,"n":75,"text":"75. Relevant law enforcement agencies should as far as possible work towards establishing channels for communication and dialogue between the various parties involved in assemblies, before and during the assembly, aimed at promoting preparedness, de-escalating tensions and resolving disputes.[[fn:103]] While it is good practice for organizers and participants to engage in such contact, they cannot be required to do so.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":103,"text":"Ibid., para. 38."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0076","docId":"ccpr-c-gc-37","idx":76,"n":76,"text":"76. Where the presence of law enforcement officials is required, the policing of an assembly should be planned and conducted with the objective of enabling the assembly to take place as intended, and with a view to minimizing the potential for injury to any person and damage to property.[[fn:104]] The plan should detail the instructions and equipment for and the deployment of all relevant officials and units.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":104,"text":"Human Rights Council resolution 38/11; and A/HRC/26/36, para. 51."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0077","docId":"ccpr-c-gc-37","idx":77,"n":77,"text":"77. Generic contingency plans and training protocols should also be developed by relevant law enforcement agencies, in particular for policing assemblies of which the authorities are not notified in advance and which may affect public order.[[fn:105]] Clear command structures must exist to underpin accountability, as must protocols for recording and documenting events, ensuring the identification of officers and reporting any use of force.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":105,"text":"A/HRC/31/66, para. 37."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0078","docId":"ccpr-c-gc-37","idx":78,"n":78,"text":"78. Law enforcement officials should seek to de-escalate situations that might result in violence. They are obliged to exhaust non-violent means and to give prior warning if it becomes absolutely necessary to use force, unless doing either would be manifestly ineffective. Any use of force must comply with the fundamental principles of legality, necessity, proportionality, precaution and non-discrimination applicable to articles 6 and 7 of the Covenant, and those using force must be accountable for each use of force.[[fn:106]] Domestic legal regimes on the use of force by law enforcement officials must be brought into line with the requirements enshrined in international law, guided by standards such as the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement.[[fn:107]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":106,"text":"General comment No. 36 (2018) on the right to life, paras. 13–14."},{"n":107,"text":"United Nations publication, Sales No. E.20.XIV.2. See also the Code of Conduct for Law Enforcement Officials."}],"section":["VI. Duties and powers of law enforcement agencies"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"ccpr-c-gc-37-0079","docId":"ccpr-c-gc-37","idx":79,"n":79,"text":"79. Only the minimum force necessary may be used where it is required for a legitimate law enforcement purpose during an assembly. Once the need for any use of force has passed, such as when a violent individual is safely apprehended, no further resort to force is permissible.[[fn:108]] Law enforcement officials may not use greater force than is proportionate to the legitimate objective of either dispersing an assembly, preventing a crime or effecting or assisting in the lawful arrest of offenders or suspected offenders.[[fn:109]] Domestic law must not grant officials largely unrestricted powers, for example to use ”force” or ”all necessary force” to disperse assemblies, or simply to ”shoot for the legs”. In particular, domestic law must not allow use of force against participants in an assembly on a wanton, excessive or discriminatory basis.[[fn:110]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":108,"text":"Code of Conduct for Law Enforcement Officials, art. 3."},{"n":109,"text":"Ibid., commentary to art. 3."},{"n":110,"text":"CCPR/C/MAR/CO/6, paras. 45–46; and CCPR/C/BHR/CO/1, para. 55."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0080","docId":"ccpr-c-gc-37","idx":80,"n":80,"text":"80. Only law enforcement officials trained in the policing of assemblies, including on the relevant human rights standards, should be deployed for that purpose.[[fn:111]] Training should sensitize officials to the specific needs of individuals or groups in situations of vulnerability, which may in some cases include women, children and persons with disabilities, when participating in peaceful assemblies. The military should not be used to police assemblies,[[fn:112]] but if in exceptional circumstances and on a temporary basis they are deployed in support, they must have received appropriate human rights training and must comply with the same international rules and standards as law enforcement officials.[[fn:113]]","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":111,"text":"CCPR/C/KHM/CO/2, para. 12; CCPR/C/GRC/CO/2, para. 42; and CCPR/C/BGR/CO/4, para. 38."},{"n":112,"text":"CCPR/C/VEN/CO/4, para. 14; and African Commission on Human and Peoples’ Rights, Guidelines on Policing Assemblies in Africa, para. 3.2."},{"n":113,"text":"Code of Conduct for Law Enforcement Officials, art. 1."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0081","docId":"ccpr-c-gc-37","idx":81,"n":81,"text":"81. All law enforcement officials responsible for policing assemblies must be suitably equipped, including where needed with appropriate and fit-for-purpose less-lethal weapons and protective equipment. States parties must ensure that all weapons, including less-lethal weapons, are subject to strict independent testing, and that officers deployed with them receive specific training, and must evaluate and monitor the impact of weapons on the rights of those affected.[[fn:114]] Law enforcement agencies must be alert to the potentially discriminatory impacts of certain policing tactics, including in the context of new technologies, and must address them.[[fn:115]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":114,"text":"General comment No. 36, para. 14. See also United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, section 4; and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principles 2 and 3."},{"n":115,"text":"CCPR/C/GBR/CO/7, para. 11; and A/HRC/44/24, para. 32."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0082","docId":"ccpr-c-gc-37","idx":82,"n":82,"text":"82. Preventive detention of targeted individuals to keep them from participating in assemblies may constitute arbitrary deprivation of liberty, which is incompatible with the right of peaceful assembly.[[fn:116]] This is especially the case if detention lasts more than a few hours. Where domestic law permits such detention, it may be used only in the most exceptional cases,[[fn:117]] for no longer than absolutely necessary and only where the authorities have proof of the intention of the individuals involved to engage in or incite acts of violence during a particular assembly, and where other measures to prevent violence from occurring will clearly be inadequate.[[fn:118]] Practices of indiscriminate mass arrest prior to, during or following an assembly are arbitrary and thus unlawful.[[fn:119]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":116,"text":"CCPR/C/MKD/CO/3, para. 19."},{"n":117,"text":"General comment No. 35 (2014) on liberty and security of person, para. 15."},{"n":118,"text":"European Court of Human Rights, S., V. and A. v. Denmark (application Nos. 35553/12, 36678/12 and 36711/12), judgment of 22 October 2018 (Grand Chamber), paras. 77 and 127."},{"n":119,"text":"CCPR/C/CAN/CO/6, para. 15."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0083","docId":"ccpr-c-gc-37","idx":83,"n":83,"text":"83. Powers of “stop and search” or “stop and frisk”, applied to those who participate in assemblies, or are about to do so, must be exercised based on reasonable suspicion of the commission or threat of a serious offence, and must not be used in a discriminatory manner.[[fn:120]] The mere fact that authorities associate an individual with a peaceful assembly does not constitute reasonable grounds for stopping and searching them.[[fn:121]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":120,"text":"CCPR/C/GBR/CO/7, para. 11; and CCPR/C/USA/CO/4, para. 7."},{"n":121,"text":"A/HRC/31/66, para. 43."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0084","docId":"ccpr-c-gc-37","idx":84,"n":84,"text":"84. Containment (“kettling”), where law enforcement officials encircle and close in a section of the participants, may be used only where it is necessary and proportionate to do so, in order to address actual violence or an imminent threat emanating from that section. Necessary law enforcement measures targeted against specific individuals are often preferable to containment. Particular care must be taken to contain, as far as possible, only people linked directly to violence and to limit the duration of the containment to the minimum necessary. Where containment is used indiscriminately or punitively, it violates the right of peaceful assembly, and may also violate other rights such as freedom from arbitrary detention and freedom of movement.[[fn:122]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":122,"text":"European Court of Human Rights, Austin and others v. United Kingdom (application Nos. 39629/09, 40713/09; and 41008/09), judgment of 15 March 2012 (Grand Chamber), para. 68."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0085","docId":"ccpr-c-gc-37","idx":85,"n":85,"text":"85. Only in exceptional cases may an assembly be dispersed. Dispersal may be resorted to if the assembly as such is no longer peaceful, or if there is clear evidence of an imminent threat of serious violence that cannot be reasonably addressed by more proportionate measures, such as targeted arrests. In all cases, the law enforcement rules on use of force must be strictly followed. Conditions for ordering the dispersal of an assembly should be set out in domestic law, and only a duly authorized official may order the dispersal of a peaceful assembly. An assembly that remains peaceful while nevertheless causing a high level of disruption, such as the extended blocking of traffic, may be dispersed, as a rule, only if the disruption is “serious and sustained”.[[fn:123]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":123,"text":"A/HRC/31/66, para. 62."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0086","docId":"ccpr-c-gc-37","idx":86,"n":86,"text":"86. Where a decision to disperse is taken in conformity with domestic and international law, force should be avoided. Where that is not possible in the circumstances, only the minimum force necessary may be used.[[fn:124]] As far as possible, any force used should be directed against a specific individual or group engaged in or threatening violence. Force that is likely to cause more than negligible injury should not be used against individuals or groups who are passively resisting.[[fn:125]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":124,"text":"Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principle 13; and A/HRC/26/36, para. 75."},{"n":125,"text":"United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, para. 2.10."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0087","docId":"ccpr-c-gc-37","idx":87,"n":87,"text":"87. Less-lethal weapons with wide-area effects, such as tear gas and water cannons, tend to have indiscriminate effects. When such weapons are used, all reasonable efforts should be made to limit risks, such as causing a stampede or harming bystanders. Such weapons should be used only as a measure of last resort, following a verbal warning, and with adequate opportunity given for assembly participants to disperse. Tear gas should not be used in confined spaces.[[fn:126]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":126,"text":"S/2009/693, annex, para. 62; and United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, para. 7.3.7."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0088","docId":"ccpr-c-gc-37","idx":88,"n":88,"text":"88. Firearms are not an appropriate tool for the policing of assemblies.[[fn:127]] They must never be used simply to disperse an assembly.[[fn:128]] In order to comply with international law, any use of firearms by law enforcement officials in the context of assemblies must be limited to targeted individuals in circumstances in which it is strictly necessary to confront an imminent threat of death or serious injury.[[fn:129]] Given the threat that such weapons pose to life, this minimum threshold should also be applied to the firing of rubber-coated metal bullets.[[fn:130]] Where law enforcement officials are prepared for the use of force, or violence is considered likely, the authorities must also ensure that adequate medical facilities are available. It is never lawful to fire indiscriminately or to use firearms in fully automatic mode when policing an assembly.[[fn:131]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":127,"text":"African Commission on Human and Peoples’ Rights, Guidelines on Policing Assemblies in Africa, para. 21.2.4."},{"n":128,"text":"Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principle 14."},{"n":129,"text":"General comment No. 36, para. 12; and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principles 9 and 14."},{"n":130,"text":"United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, para. 7.5.8."},{"n":131,"text":"A/HRC/31/66, paras. 60 and 67 (e). See also Office of the United Nations High Commissioner for Human Rights and United Nations Office on Drugs and Crime, Resource book on the use of force and firearms in law enforcement (New York, United Nations, 2017), p. 96."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0089","docId":"ccpr-c-gc-37","idx":89,"n":89,"text":"89. The State is responsible under international law for the actions and omissions of its law enforcement agencies. With a view to preventing violations, States should consistently promote a culture of accountability for law enforcement officials during assemblies. To enhance effective accountability, uniformed law enforcement officials should always display an easily recognizable form of identification during assemblies.[[fn:132]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":132,"text":"European Court of Human Rights, Hentschel and Stark v. Germany (application No. 47274/15), judgment of 9 November 2017, para. 91; and CAT/C/DEU/CO/6, para. 40."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0090","docId":"ccpr-c-gc-37","idx":90,"n":90,"text":"90. States have an obligation to investigate effectively, impartially and in a timely manner any allegation or reasonable suspicion of unlawful use of force or other violations by law enforcement officials, including sexual or gender-based violence, in the context of assemblies.[[fn:133]] Both intentional and negligent action or inaction can amount to a violation of human rights. Individual officials responsible for violations must be held accountable under domestic and, where relevant, international law, and effective remedies must be available to victims.[[fn:134]]","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":133,"text":"CCPR/C/COD/CO/4, paras. 43–44; and CCPR/C/BHR/CO/1, para. 36. See also The Minnesota Protocol on the investigation of potentially unlawful death (United Nations publication, Sales No. E.17.XIV.3)."},{"n":134,"text":"General Assembly resolution 60/147, annex."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0091","docId":"ccpr-c-gc-37","idx":91,"n":91,"text":"91. All use of force by law enforcement officials should be recorded and reflected promptly in a transparent report. Where injury or damage occurs, the report should contain sufficient information to establish whether the use of force was necessary and proportionate by setting out the details of the incident, including the reasons for the use of force, its effectiveness and the consequences of it.[[fn:135]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":135,"text":"United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, paras. 3.3–3.5."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0092","docId":"ccpr-c-gc-37","idx":92,"n":92,"text":"92. Any deployment of plain-clothed officers in assemblies must be strictly necessary in the circumstances and such officers must never incite violence. Before conducting a search, making an arrest or resorting to any use of force, plain-clothed officers must identify themselves to the persons concerned.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0093","docId":"ccpr-c-gc-37","idx":93,"n":93,"text":"93. The State is ultimately responsible for law enforcement during an assembly and may delegate tasks to private security service providers only in exceptional circumstances. In such cases, the State remains responsible for the conduct of those service providers.[[fn:136]] This is in addition to the accountability of the private security service providers under domestic and, where relevant, international law.[[fn:137]] The authorities should set out in national legislation the role and powers of private security service providers in law enforcement, and their use of force and training should be strictly regulated.[[fn:138]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":136,"text":"General comment No. 36, para. 15."},{"n":137,"text":"International Code of Conduct for Private Security Service Providers (2010)."},{"n":138,"text":"United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, para. 3.2."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0094","docId":"ccpr-c-gc-37","idx":94,"n":94,"text":"94. The use of recording devices by law enforcement officials during assemblies, including body-worn cameras, may play a positive role in securing accountability, if used judiciously. However, the authorities should have clear and publicly available guidelines to ensure that their use is consistent with international standards on privacy and does not have a chilling effect on participation in assemblies.[[fn:139]] Participants, journalists and monitors also have the right to record law enforcement officials.[[fn:140]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":139,"text":"CCPR/C/CHN-HKG/CO/3, para. 10; and CCPR/C/CHN-MAC/CO/1, para. 16."},{"n":140,"text":"A/HRC/31/66, para. 71."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0095","docId":"ccpr-c-gc-37","idx":95,"n":95,"text":"95. The State is fully responsible for any remotely controlled weapons systems it uses during an assembly. Such methods of force delivery may escalate tensions and should be used only with great caution. Fully autonomous weapons systems, where lethal force can be used against assembly participants without meaningful human intervention once a system has been deployed, must never be used for law enforcement during an assembly.[[fn:141]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":141,"text":"Ibid., para. 67 (f)."}],"section":["VI. Duties and powers of law enforcement agencies"]},{"id":"ccpr-c-gc-37-0096","docId":"ccpr-c-gc-37","idx":96,"n":96,"text":"96. While the right of peaceful assembly is not listed as non-derogable in article 4 (2) of the Covenant, other rights potentially applicable to assemblies, such as those enshrined in articles 6, 7 and 18, are non-derogable. States parties must not rely on derogation from the right of peaceful assembly if they can attain their objectives by imposing restrictions in terms of article 21.[[fn:142]] If States derogate from the Covenant in response, for instance, to mass demonstrations that include acts of violence, they must be able to justify not only that such a situation constitutes a threat to the life of the nation, but also that all measures derogating from their obligations under the Covenant are strictly required by the exigencies of the situation and comply with the conditions in article 4.[[fn:143]]","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":142,"text":"General comment No. 29 (2001) on derogations from provisions of the Covenant during a state of emergency, para. 5. See also CCPR/C/128/2, para. 2 (c)."},{"n":143,"text":"General comment No. 29, paras. 5–9."}],"section":["VII. Assembly during states of emergency and armed conflict"],"citedArticles":[{"treaty":"ICCPR","article":"4","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"ccpr-c-gc-37-0097","docId":"ccpr-c-gc-37","idx":97,"n":97,"text":"97. In a situation of armed conflict, the use of force during peaceful assemblies remains regulated by the rules governing law enforcement, and the Covenant continues to apply.[[fn:144]] Civilians in an assembly are protected from being targeted with lethal force unless and for such time as they take a direct part in hostilities, as that term is understood under international humanitarian law. In such a circumstance, they may be targeted only to the extent that they are not otherwise protected under international law from attack. Any use of force under applicable international humanitarian law is subject to the rules and principles of distinction, precautions in attack, proportionality, military necessity and humanity. In all decisions on the use of force, the safety and protection of assembly participants and the broader public should be an important consideration.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":144,"text":"General comment No. 36, para. 64."}],"section":["VII. Assembly during states of emergency and armed conflict"]},{"id":"ccpr-c-gc-37-0098","docId":"ccpr-c-gc-37","idx":98,"n":98,"text":"98. The full protection of the right of peaceful assembly depends on the protection of a range of rights. Use of unnecessary or disproportionate force or other unlawful conduct by State officials during an assembly may breach articles 6, 7 and 9 of the Covenant.[[fn:145]] An extreme case, in which participants in peaceful assemblies are subjected to unlawful force or conduct as part of a widespread or systematic attack directed against any civilian population, may also constitute, where the other relevant criteria are met, a crime against humanity.[[fn:146]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":145,"text":"CCPR/C/ISR/CO/3, para. 9; CCPR/C/UZB/CO/3, para. 8; Olmedo v. Paraguay (CCPR/C/104/D/1828/2008), para. 7.5; and Benítez Gamarra v. Paraguay (CCPR/C/104/D/1829/2008), para. 7.4."},{"n":146,"text":"Rome Statute of the International Criminal Court, art. 7."}],"section":["VIII. Relationship between article 21 and other provisions of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"ccpr-c-gc-37-0099","docId":"ccpr-c-gc-37","idx":99,"n":99,"text":"99. Restrictions on people’s ability to travel, including abroad (art. 12 (2)), in order to participate in assemblies, marches and other moving assemblies may violate their freedom of movement (art. 12 (1)). Official decisions restricting the exercise of assembly rights must be open to legal challenge in a process that meets fair and public hearing requirements (art. 14 (1)).[[fn:147]] Surveillance of those involved in assemblies and other data-gathering activities may violate their right to privacy (art. 17). Religious assemblies may also be protected under the freedom to manifest one’s religion or beliefs (art. 18).[[fn:148]] The right of peaceful assembly is more than just a manifestation of freedom of expression (art. 19 (2)); it often has an expressive element, and the rationale for the recognition of these two rights and the acceptable restrictions overlap in many ways. Freedom of access to information held by public bodies (art. 19 (2)) underlies the ability of the public to know about the legal and administrative framework applicable to assemblies and enables them to hold public officials accountable.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":147,"text":"Evrezov et al. v. Belarus, paras. 3.3 and 8.9."},{"n":148,"text":"General comment No. 22, para. 8."}],"section":["VIII. Relationship between article 21 and other provisions of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"12","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"12","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"14","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"18","source":"regex"},{"treaty":"ICCPR","article":"19","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"19","paragraph":"2","source":"regex"}]},{"id":"ccpr-c-gc-37-0100","docId":"ccpr-c-gc-37","idx":100,"n":100,"text":"100. Freedom of association (art. 22) also protects collective action, and restrictions on this right often affect the right of peaceful assembly. The right of political participation (art. 25) is closely linked to the right of peaceful assembly, and in relevant cases, restrictions must be justified under the conditions set out in both article 21 and article 25.[[fn:149]] The right to non-discrimination protects participants against discriminatory practices in the context of assemblies (arts. 2 (1), 24 and 26).","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"footnotes":[{"n":149,"text":"Sudalenko v. Belarus, para. 8.6."}],"section":["VIII. Relationship between article 21 and other provisions of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"22","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"ccpr-c-gc-37-0101","docId":"ccpr-c-gc-37","idx":101,"n":101,"text":"101. Participation in peaceful assemblies may be restricted in accordance with article 21, however, in order to protect the rights and freedoms of others.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["VIII. Relationship between article 21 and other provisions of the Covenant and other legal regimes"],"citedArticles":[{"treaty":"ICCPR","article":"21","source":"regex"}]},{"id":"ccpr-c-gc-37-0102","docId":"ccpr-c-gc-37","idx":102,"n":102,"text":"102. The right of peaceful assembly has an intrinsic value. It is, moreover, often exercised with the aim of advancing the implementation of other human rights and other norms and principles of international law. In such cases, the duty to respect and ensure the right of peaceful assembly derives its legal justification also from the importance of the broader range of other rights, norms and principles whose implementation it advances.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":2020,"section":["VIII. Relationship between article 21 and other provisions of the Covenant and other legal regimes"]},{"id":"hri-gen-1-rev-9-vol-i-p-175-0001","docId":"hri-gen-1-rev-9-vol-i-p-175","idx":1,"n":1,"text":"Article 3 of the Covenant requiring, as it does, States parties to ensure the equal right of men and women to the enjoyment of all civil and political rights provided for in the Covenant, has been insufficiently dealt with in a considerable number of States reports and has raised a number of concerns, two of which may be highlighted.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-175-0002","docId":"hri-gen-1-rev-9-vol-i-p-175","idx":2,"n":2,"text":"Firstly, article 3, as articles 2 (1) and 26 insofar as those articles primarily deal with the prevention of discrimination on a number of grounds, among which sex is one, requires not only measures of protection but also affirmative action designed to ensure the positive enjoyment of rights. This cannot be done simply by enacting laws. Hence, more information has generally been required regarding the role of women in practice with a view to ascertaining what measures, in addition to purely legislative measures of protection, have been or are being taken to give effect to the precise and positive obligations under article 3 and to ascertain what progress is being made or what factors or difficulties are being met in this regard.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"3","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-175-0003","docId":"hri-gen-1-rev-9-vol-i-p-175","idx":3,"n":3,"text":"Secondly, the positive obligation undertaken by States parties under that article may itself have an inevitable impact on legislation or administrative measures specifically designed to regulate matters other than those dealt with in the Covenant but which may adversely affect rights recognized in the Covenant. One example, among others, is the degree to which immigration laws which distinguish between a male and a female citizen may or may not adversely affect the scope of the right of the woman to marriage to non citizens or to hold public office.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"hri-gen-1-rev-9-vol-i-p-175-0004","docId":"hri-gen-1-rev-9-vol-i-p-175","idx":4,"n":4,"text":"The Committee, therefore, considers that it might assist States parties if special attention were given to a review by specially appointed bodies or institutions of laws or measures which inherently draw a distinction between men and women insofar as those laws or measures adversely affect the rights provided for in the Covenant and, secondly, that States parties should give specific information in their reports about all measures, legislative or otherwise, designed to implement their undertaking under this article.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"hri-gen-1-rev-9-vol-i-p-175-0005","docId":"hri-gen-1-rev-9-vol-i-p-175","idx":5,"n":5,"text":"The Committee considers that it might help the States parties in implementing this obligation, if more use could be made of existing means of international cooperation with a view to exchanging experience and organizing assistance in solving the practical problems connected with the insurance of equal rights for men and women.","labels":["Women/girls"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0001","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":1,"n":1,"text":"The right to life enunciated in article 6 of the Covenant has been dealt with in all State reports. It is the supreme right from which no derogation is permitted even in time of public emergency which threatens the life of the nation (art. 4). However, the Committee has noted that quite often the information given concerning article 6 was limited to only one or other aspect of this right. It is a right which should not be interpreted narrowly.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0002","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":2,"n":2,"text":"The Committee observes that war and other acts of mass violence continue to be a scourge of humanity and take the lives of thousands of innocent human beings every year. Under the Charter of the United Nations the threat or use of force by any State against another State, except in exercise of the inherent right of self defence, is already prohibited. The Committee considers that States have the supreme duty to prevent wars, acts of genocide and other acts of mass violence causing arbitrary loss of life. Every effort they make to avert the danger of war, especially thermonuclear war, and to strengthen international peace and security would constitute the most important condition and guarantee for the safeguarding of the right to life. In this respect, the Committee notes, in particular, a connection between article 6 and article 20, which states that the law shall prohibit any propaganda for war (para. 1) or incitement to violence (para. 2) as therein described.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'The right to life enunciated in article 6 of the Covenant' in an ICCPR CCPR general comment context."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text notes 'a connection between article 6 and article 20, which states that the law shall prohibit any propaganda for war' — art. 20 is an ICCPR provision on war propaganda."}]},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0003","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":3,"n":3,"text":"The protection against arbitrary deprivation of life which is explicitly required by the third sentence of article 6 (1) is of paramount importance. The Committee considers that States parties should take measures not only to prevent and punish deprivation of life by criminal acts, but also to prevent arbitrary killing by their own security forces. The deprivation of life by the authorities of the State is a matter of the utmost gravity. Therefore, the law must strictly control and limit the circumstances in which a person may be deprived of his life by such authorities.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0004","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":4,"n":4,"text":"States parties should also take specific and effective measures to prevent the disappearance of individuals, something which unfortunately has become all too frequent and leads too often to arbitrary deprivation of life. Furthermore, States should establish effective facilities and procedures to investigate thoroughly cases of missing and disappeared persons in circumstances which may involve a violation of the right to life.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0005","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":5,"n":5,"text":"Moreover, the Committee has noted that the right to life has been too often narrowly interpreted. The expression “inherent right to life” cannot properly be understood in a restrictive manner, and the protection of this right requires that States adopt positive measures. In this connection, the Committee considers that it would be desirable for States parties to take all possible measures to reduce infant mortality and to increase life expectancy, especially in adopting measures to eliminate malnutrition and epidemics.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0006","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":6,"n":6,"text":"While it follows from article 6 (2) to (6) that States parties are not obliged to abolish the death penalty totally they are obliged to limit its use and, in particular, to abolish it for other than the “most serious crimes”. Accordingly, they ought to consider reviewing their criminal laws in this light and, in any event, are obliged to restrict the application of the death penalty to the “most serious crimes”. The article also refers generally to abolition in terms which strongly suggest (paras. 2 (2) and (6)) that abolition is desirable. The Committee concludes that all measures of abolition should be considered as progress in the enjoyment of the right to life within the meaning of article 40, and should as such be reported to the Committee. The Committee notes that a number of States have already abolished the death penalty or suspended its application. Nevertheless, States’ reports show that progress made towards abolishing or limiting the application of the death penalty is quite inadequate.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-176-99dcaf-0007","docId":"hri-gen-1-rev-9-vol-i-p-176-99dcaf","idx":7,"n":7,"text":"The Committee is of the opinion that the expression “most serious crimes” must be read restrictively to mean that the death penalty should be a quite exceptional measure. It also follows from the express terms of article 6 that it can only be imposed in accordance with the law in force at the time of the commission of the crime and not contrary to the Covenant. The procedural guarantees therein prescribed must be observed, including the right to a fair hearing by an independent tribunal, the presumption of innocence, the minimum guarantees for the defence, and the right to review by a higher tribunal. These rights are applicable in addition to the particular right to seek pardon or commutation of the sentence.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-179-0001","docId":"hri-gen-1-rev-9-vol-i-p-179","idx":1,"n":1,"text":"Article 9 which deals with the right to liberty and security of persons has often been somewhat narrowly understood in reports by States parties, and they have therefore given incomplete information. The Committee points out that paragraph 1 is applicable to all deprivations of liberty, whether in criminal cases or in other cases such as, for example, mental illness, vagrancy, drug addiction, educational purposes, immigration control, etc. It is true that some of the provisions of article 9 (part of paragraph 2 and the whole of paragraph 3) are only applicable to persons against whom criminal charges are brought. But the rest, and in particular the important guarantee laid down in paragraph 4, i.e. the right to control by a court of the legality of the detention, applies to all persons deprived of their liberty by arrest or detention. Furthermore, States parties have in accordance with article 2 (3) also to ensure that an effective remedy is provided in other cases in which an individual claims to be deprived of his liberty in violation of the Covenant.","labels":["Persons with disabilities","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"3","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-179-0002","docId":"hri-gen-1-rev-9-vol-i-p-179","idx":2,"n":2,"text":"Paragraph 3 of article 9 requires that in criminal cases any person arrested or detained has to be brought “promptly” before a judge or other officer authorized by law to exercise judicial power. More precise time limits are fixed by law in most States parties and, in the view of the Committee, delays must not exceed a few days. Many States have given insufficient information about the actual practices in this respect.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-179-0003","docId":"hri-gen-1-rev-9-vol-i-p-179","idx":3,"n":3,"text":"Another matter is the total length of detention pending trial. In certain categories of criminal cases in some countries this matter has caused some concern within the Committee, and members have questioned whether their practices have been in conformity with the entitlement “to trial within a reasonable time or to release” under paragraph 3. Pre trial detention should be an exception and as short as possible. The Committee would welcome information concerning mechanisms existing and measures taken with a view to reducing the duration of such detention.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982},{"id":"hri-gen-1-rev-9-vol-i-p-179-0004","docId":"hri-gen-1-rev-9-vol-i-p-179","idx":4,"n":4,"text":"Also if so called preventive detention is used, for reasons of public security, it must be controlled by these same provisions, i.e. it must not be arbitrary, and must be based on grounds and procedures established by law (para. 1), information of the reasons must be given (para. 2) and court control of the detention must be available (para. 4) as well as compensation in the case of a breach (para. 5). And if, in addition, criminal charges are brought in such cases, the full protection of article 9 (2) and (3), as well as article 14, must also be granted.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"9","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-180-0001","docId":"hri-gen-1-rev-9-vol-i-p-180","idx":1,"n":1,"text":"Article 10, paragraph 1 of the Covenant provides that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. However, by no means all the reports submitted by States parties have contained information on the way in which this paragraph of the article is being implemented. The Committee is of the opinion that it would be desirable for the reports of States parties to contain specific information on the legal measures designed to protect that right. The Committee also considers that reports should indicate the concrete measures being taken by the competent State organs to monitor the mandatory implementation of national legislation concerning the humane treatment and respect for the human dignity of all persons deprived of their liberty that paragraph 1 requires. The Committee notes, in particular, that paragraph 1 of this article is generally applicable to persons deprived of their liberty, whereas paragraph 2 deals with accused as distinct from convicted persons, and paragraph 3 with convicted persons only. This structure quite often is not reflected in the reports, which mainly have related to accused and convicted persons. The wording of paragraph 1, its context ‑ especially its proximity to article 9, paragraph 1, which also deals with all deprivations of liberty ‑ and its purpose support a broad application of the principle expressed in that provision. Moreover, the Committee recalls that this article supplements article 7 as regards the treatment of all persons deprived of their liberty. The humane treatment and the respect for the dignity of all persons deprived of their liberty is a basic standard of universal application which cannot depend entirely on material resources. While the Committee is aware that in other respects the modalities and conditions of detention may vary with the available resources, they must always be applied without discrimination, as required by article 2 (1). Ultimate responsibility for the observance of this principle rests with the State as regards all institutions where persons are lawfully held against their will, not only in prisons but also, for example, hospitals, detention camps or correctional institutions.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-180-0002","docId":"hri-gen-1-rev-9-vol-i-p-180","idx":2,"n":2,"text":"Subparagraph 2 (a) of the article provides that, save in exceptional circumstances, accused persons shall be segregated from convicted persons and shall receive separate treatment appropriate to their status as unconvicted persons. Some reports have failed to pay proper attention to this direct requirement of the Covenant and, as a result, to provide adequate information on the way in which the treatment of accused persons differs from that of convicted persons. Such information should be included in future reports. Subparagraph 2 (b) of the article calls, inter alia, for accused juvenile persons to be separated from adults. The information in reports shows that a number of States are not taking sufficient account of the fact that this is an unconditional requirement of the Covenant. It is the Committee’s opinion that, as is clear from the text of the Covenant, deviation from States parties’ obligations under subparagraph 2 (b) cannot be justified by any consideration whatsoever.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982},{"id":"hri-gen-1-rev-9-vol-i-p-180-0003","docId":"hri-gen-1-rev-9-vol-i-p-180","idx":3,"n":3,"text":"In a number of cases, the information appearing in reports with respect to paragraph 3 of the article has contained no concrete mention either of legislative or administrative measures or of practical steps to promote the reformation and social rehabilitation of prisoners, by, for example, education, vocational training and useful work. Allowing visits, in particular by family members, is normally also such a measure which is required for reasons of humanity. There are also similar lacunae in the reports of certain States with respect to information concerning juvenile offenders, who must be segregated from adults and given treatment appropriate to their age and legal status.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982},{"id":"hri-gen-1-rev-9-vol-i-p-180-0004","docId":"hri-gen-1-rev-9-vol-i-p-180","idx":4,"n":4,"text":"The Committee further notes that the principles of humane treatment and respect for human dignity set out in paragraph 1 are the basis for the more specific and limited obligations of States in the field of criminal justice set out in paragraphs 2 and 3 of article 10. The segregation of accused persons from convicted ones is required in order to emphasize their status as unconvicted persons who are at the same time protected by the presumption of innocence stated in article 14, paragraph 2. The aim of these provisions is to protect the groups mentioned, and the requirements contained therein should be seen in that light. Thus, for example, the segregation and treatment of juvenile offenders should be provided for in such a way that it promotes their reformation and social rehabilitation.","labels":["Children"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"10","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-36-0001","docId":"cedaw-c-gc-36","idx":1,"n":1,"text":"1. Education plays a pivotal, transformative and empowering role in promoting human rights values and is recognized as the pathway to gender equality and the empowerment of women.[[fn:1]] It is also an essential tool for personal development and for the development of an empowered workforce and citizenry that can contribute to civic responsibility and national development. In the United Nations Millennium Declaration, the General Assembly resolved to ensure that, by 2015, children everywhere would be able to complete a full course of primary schooling and that girls and boys would have equal access to all levels of education (resolution 55/2).","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":1,"text":"Azza Karam, “Education as the pathway towards gender equality”, UN Chronicle, vol. L, No. 4 (2013)."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-36-0002","docId":"cedaw-c-gc-36","idx":2,"n":2,"text":"2. Despite important progress, that goal was not achieved. The education of girls and women is considered to be one of the most effective investments for sustainable and inclusive development; however, in 2012, 32 million girls of primary school age around the world were out of school, representing 53 per cent of all out-of-school children, as were 31.6 million adolescent girls (50.2 per cent) of lower secondary school age.[[fn:2]] Even where educational opportunities are available, inequalities persist, preventing women and girls from fully taking advantage of such opportunities. In September 2013, the United Nations Educational, Scientific and Cultural Organization (UNESCO) reported[[fn:3]] that 773.5 million adults (15 years of age or older) worldwide were illiterate, and 61.3 per cent of them were women, while among youth (15 to 24 years of age) 125.2 million were illiterate, with women and girls representing 61.3 per cent of that population. Girls and women are disproportionately discriminated against during the schooling process in terms of access, retention, completion, treatment and learning outcomes, as well as in career choices, resulting in disadvantage beyond schooling and the school environment.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":2,"text":"UNESCO Institute for Statistics and United Nations Children’s Fund, Fixing the Broken Promise of Education for All: Findings from the Global Initiative on Out-of-School Children (2015)."},{"n":3,"text":"UNESCO Institute for Statistics, Adult and youth literacy fact sheet No. 26, September 2013. Available from http://uis.unesco.org/sites/default/files/documents/fs26-adult-and-youth-literacy-2013-en_1.pdf."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-36-0003","docId":"cedaw-c-gc-36","idx":3,"n":3,"text":"3. The need to ensure inclusive and quality education for all and promote lifelong learning is a priority of Sustainable Development Goal 4, as contained in General Assembly resolution 70/1, adopted with a view to transforming the world by 2030. Two critical education targets to be met are ensuring that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes; and eliminating gender disparities in education and ensuring equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations. In the Education 2030 Framework for Action, adopted on 4 November 2015 by the General Conference of UNESCO, and considered by the global education community as complementary to the Sustainable Development Goals, it is acknowledged that gender equality is inextricably linked to the right to education for all and that its achievement requires taking a rights-based approach, in order to ensure that all learners not only gain access to and complete education cycles, but are empowered equally in and through education.","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["I. Introduction"]},{"id":"cedaw-c-gc-36-0004","docId":"cedaw-c-gc-36","idx":4,"n":4,"text":"4. However, certain factors disproportionately prevent girls and women from claiming and enjoying their basic human right to education. Such factors include barriers to access for girls and women from disadvantaged and marginalized groups, exacerbated by poverty and economic crises, gender stereotyping in curricula, textbooks and teaching processes, violence against girls and women in and out of school and structural and ideological restrictions to their engagement in male-dominated academic and vocational fields.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["I. Introduction"]},{"id":"cedaw-c-gc-36-0005","docId":"cedaw-c-gc-36","idx":5,"n":5,"text":"5. The gap between the legal recognition of the right of girls and women to education remains critical, and the effective implementation of that right calls for further guidance and action on article 10 of the Convention, as set out below. The recommendations herein are grounded in existing jurisprudence under the Convention, including the Committee’s concluding observations and existing general recommendations, and information obtained from submissions received and oral presentations made by States parties and a wide range of stakeholders, including nongovernmental and civil society organizations and academics, at a preliminary half-day consultation hosted by the Committee in July 2014.[[fn:4]]","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":4,"text":"See www.ohchr.org/EN/HRBodies/CEDAW/Pages/Womensrighttoeducation.aspx."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0006","docId":"cedaw-c-gc-36","idx":6,"n":6,"text":"6. Since the adoption of the Universal Declaration of Human Rights by the General Assembly in December 1948, education has been acknowledged as a basic human right. Subsequently, several international, regional and national instruments and court decisions[[fn:5]] have established that the right is justiciable and consequently enforceable in law. Those instruments therefore provide that protection from discrimination in the field of education is an underlying and basic principle of human rights law.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":5,"text":"See SERAP v. Nigeria, judgment, Court of Justice of the Economic Community of West African States (suit No. ECW/CCJ/APP/12/07; judgment No. ECW/CCJ/JUD/07/10 (30 November 2010))."}],"section":["II. Justiciability of the right to education"]},{"id":"cedaw-c-gc-36-0007","docId":"cedaw-c-gc-36","idx":7,"n":7,"text":"7. Therefore, in line with the Committee’s general recommendation No. 33 (2015) on women’s access to justice, all States parties have an obligation to protect girls and women from any form of discrimination that denies them access to all levels of education and to ensure that, where that occurs, they have recourse to avenues of justice.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Justiciability of the right to education"]},{"id":"cedaw-c-gc-36-0008","docId":"cedaw-c-gc-36","idx":8,"n":8,"text":"8. In addition to the Universal Declaration of Human Rights, the right to education is enshrined in a number of international and regional[[fn:6]] legally binding instruments. States parties, therefore, have an obligation to respect, protect and fulfil the right to education, which must be justiciable in national legal systems.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":6,"text":"Arab Charter on Human Rights, Charter of the Organization of American States, American Declaration of the Rights and Duties of Man, African Charter on Human and Peoples’ Rights, African Charter on the Rights and Welfare of the Child, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, first Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and European Convention on the Legal Status of Migrant Workers."}],"section":["III. Right to education: existing normative framework"]},{"id":"cedaw-c-gc-36-0009","docId":"cedaw-c-gc-36","idx":9,"n":9,"text":"9. As a human right, education enhances the enjoyment of other human rights and freedoms, yields significant development benefits, facilitates gender equality and promotes peace. It also reduces poverty, boosts economic growth and increases income, increases the chances of having a healthy life, reduces child marriage and maternal deaths and provides individuals with the tools to combat diseases.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["III. Right to education: existing normative framework"]},{"id":"cedaw-c-gc-36-0010","docId":"cedaw-c-gc-36","idx":10,"n":10,"text":"10. Although it is recognized internationally, including by UNESCO, that education can be progressively implemented according to available resources, the aspects of national law that constitute the core of the right to education must be immediately implemented, including ensuring the right of access to public educational institutions and programmes on a non-discriminatory basis, ensuring that education conforms to the objectives set out in international standards, providing primary education for all, adopting and implementing a national educational strategy that includes the provision of fundamental, secondary and higher education and ensuring free choice of education, without interference from the State or third parties, subject to conformity with minimum educational standards.[[fn:7]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":7,"text":"UNESCO, “The right to education: law and policy review guidelines” (2014). Available from http://unesdoc.unesco.org/images/0022/002284/228491e.pdf."}],"section":["III. Right to education: existing normative framework"]},{"id":"cedaw-c-gc-36-0011","docId":"cedaw-c-gc-36","idx":11,"n":11,"text":"11. International legally binding instruments on the right to education include the following: International Covenant on Economic, Social and Cultural Rights (article 13); International Convention on the Elimination of All Forms of Racial Discrimination (article 5); International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (article 30); Convention on the Rights of Persons with Disabilities (article 24); Convention on the Rights of the Child (article 28); International Charter of Physical Education, Physical Activity and Sport of UNESCO (article 1); and Convention on Technical and Vocational Education of UNESCO.","labels":["Migrants","Children","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["III. Right to education: existing normative framework"],"citedArticles":[{"article":"13","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'International Covenant on Economic, Social and Cultural Rights (article 13)' — ICESCR art.13 (right to education) explicit."},{"article":"5","treaty":"CERD","confidence":"high","source":"opus","rationale":"'International Convention on the Elimination of All Forms of Racial Discrimination (article 5)' — CERD art.5 explicit."},{"article":"30","treaty":"CMW","confidence":"high","source":"opus","rationale":"'International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (article 30)' — CMW art.30 explicit."},{"article":"24","treaty":"CRPD","confidence":"high","source":"opus","rationale":"'Convention on the Rights of Persons with Disabilities (article 24)' — CRPD art.24 (education) explicit."},{"article":"28","treaty":"CRC","confidence":"high","source":"opus","rationale":"'Convention on the Rights of the Child (article 28)' — CRC art.28 (right to education) explicit."},{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"'International Charter of Physical Education, Physical Activity and Sport of UNESCO (article 1)' — UNESCO instrument, not a UN core human rights treaty in the codelist."}]},{"id":"cedaw-c-gc-36-0012","docId":"cedaw-c-gc-36","idx":12,"n":12,"text":"12. Non-binding political commitments and global strategies reiterate the responsibilities of Governments in recognizing education as a catalyst for accelerating national development and social transformation. States are called upon to take strategic action in confronting inequalities and inadequacies in the access of girls and women to education and training. They include the following: Programme of Action of the International Conference on Population and Development, 1994; Beijing Platform for Action, 1995; World Declaration on Education for All, 1990; Dakar Framework for Action, 2000; Millennium Development Goals. 2000; and 2030 Agenda for Sustainable Development, 2015, which includes the Sustainable Development Goals and targets aimed at the elimination of all forms of discrimination against all women and girls.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["III. Right to education: existing normative framework"]},{"id":"cedaw-c-gc-36-0013","docId":"cedaw-c-gc-36","idx":13,"n":13,"text":"13. Education that empowers girls and women equips them with capacities to claim and exercise broader socioeconomic, cultural and political rights, on an equal basis with boys and men in their societies. To achieve gender equality all aspects of the education system, laws and policies, educational content, pedagogies and learning environments should be gender sensitive, responsive to the needs of girls and women and transformative for all.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0014","docId":"cedaw-c-gc-36","idx":14,"n":14,"text":"14. The present general recommendation is grounded in a human rights framework for education, which is focused on three dimensions. The first is the right of access to education; the second, rights within education; and the third, the instrumentalization of education for the enjoyment of all human rights through education. The tripartite framework largely reflects the rights set out by the Special Rapporteur on the right to education in the framework on governmental obligations on school accessibility, availability, acceptability and adaptability[[fn:8]] and referred to below.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":8,"text":"See E/CN.4/1999/49."}],"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0015","docId":"cedaw-c-gc-36","idx":15,"n":15,"text":"15. The right of access to education involves participation and is reflected in the extent to which girls and boys and women and men are equally represented and the extent to which there is adequate infrastructure at the various levels to accommodate the respective age cohorts. Attendance, retention in school and transition from one level to another are indicators of the degree to which the right of access to education is respected.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0016","docId":"cedaw-c-gc-36","idx":16,"n":16,"text":"16. Rights within education extend beyond numerical equality and are aimed at promoting substantive gender equality in education. They concern equality of treatment and opportunity, as well as the nature of gender relations between female and male students and teachers in educational settings. The equality dimension is particularly important, given that society shapes and reproduces gender-based inequalities through social institutions, and educational institutions are critical players in that regard. Instead of challenging entrenched discriminatory gender norms and practices, in many societies, gender stereotypes are reinforced through schooling and it maintains the gender order of society, expressed through the reproduction of the female/male and subordination/domination hierarchies and the reproductive/\nproductive and private/public dichotomies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0017","docId":"cedaw-c-gc-36","idx":17,"n":17,"text":"17. Rights through education define the ways in which schooling shapes rights and gender equality in aspects of life outside the sphere of education. The absence of such a right is particularly evident when education, which should be transformational, fails to significantly advance the position of women in the social, cultural, political and economic fields, thereby denying their full enjoyment of rights in those arenas. A central concern is whether certification carries the same value and social currency for women as for men. Global trends show that, in many instances, even where the educational attainment of males is lower than that of females, males occupy better positions in those arenas.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0018","docId":"cedaw-c-gc-36","idx":18,"n":18,"text":"18. The present general recommendation is aimed at ensuring that regional disparities and within-country inequalities based on the multiple and intersecting forms of discrimination that prevent girls and women from enjoying rights to, within and through education are addressed and ultimately eliminated. The present general recommendation expands upon article 10 of the Convention and links it with all other articles and the relevant existing general recommendations to establish the correlation between the right to education and the enjoyment of other rights enshrined in the Convention.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0019","docId":"cedaw-c-gc-36","idx":19,"n":19,"text":"19. The target users of the present general recommendation include: all State officials tasked with the formulation and implementation of legal and policy decisions pertaining to public and private education at all levels; academia and researchers; student, teacher and parent associations; government agencies and non-governmental organizations engaged in girls’ and women’s education; traditional and faith-based organizations; the media; and corporate organizations and trade unions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Scope of the general recommendation: the tripartite human rights framework"]},{"id":"cedaw-c-gc-36-0020","docId":"cedaw-c-gc-36","idx":20,"n":20,"text":"20. The Convention is the international bill of rights for women and serves as binding international law for the 189 States that have ratified it as at June 2017. Article 10 addresses women’s and girls’ legal right to education; States parties are to take all appropriate measures to eliminate discrimination against women in order to ensure them equal rights with men in the field of education and thereby to eliminate discrimination against women in education throughout the life cycle and at all levels of education. To meet the criterion of non-discrimination, education must be accessible, in both law and practice, to all girls and women, including those belonging to disadvantaged and marginalized groups, without discrimination on any prohibited ground.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["V. Addressing gender-based discrimination in education"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0021","docId":"cedaw-c-gc-36","idx":21,"n":21,"text":"21. Article 1 of the Convention defines discrimination as any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. States parties are required therefore to ensure not only that education is recognized as a human right but also that appropriate conditions are created for that right to be fully and freely enjoyed and exercised by girls and women.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["V. Addressing gender-based discrimination in education"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-36-0022","docId":"cedaw-c-gc-36","idx":22,"n":22,"text":"22. In specifying situations and requirements by which States parties must ensure the realization of the right for men and women, and their enjoyment of that right, on an equal basis, article 2 of the Convention reaffirms both negative and positive obligations. Its core is the prohibition of discrimination, which implies that States parties must refrain from interfering, directly or indirectly, with the full enjoyment by girls and women of their right to education — the obligation to respect. Similarly, States parties must take positive steps to meet their obligation to fulfil, by ensuring rights to, within and through education for the full development of the potential of girls and women on an equal basis with men.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["V. Addressing gender-based discrimination in education"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-36-0023","docId":"cedaw-c-gc-36","idx":23,"n":23,"text":"23. The gains in numerical equality that girls and women have made in the field of education in some regions of the world conceal the continuing discrimination that they face in spite of the existence of formal legal and policy frameworks intended to promote de facto equality. The protections of equality contained in formal instruments are effective only if those instruments are enforced, in line with provisions set out in articles 1 and 2 of the Convention.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["V. Addressing gender-based discrimination in education"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-36-0024","docId":"cedaw-c-gc-36","idx":24,"n":24,"text":"The Committee recommends that States parties institute the following measures to respect, protect and fulfil the rights of girls and women to, within and through education: (a) Enhance compliance with article 10 of the Convention and raise awareness in society of the importance of education as a fundamental human right and the basis for the empowerment of women; (b) Integrate age-appropriate education on women’s human rights and the Convention into school curricula at all levels; (c) Undertake constitutional amendments and/or other appropriate legislative action to ensure the protection and enforcement of the rights of girls and women to, within and through education; (d) Enact legislation that provides for the right to education, throughout the life cycle, for all girls and women, including all disadvantaged groups of women and girls; (e) Eradicate and/or reform policies, institutional, administrative and regulatory directives and practices that directly or indirectly discriminate against girls or women within the education sector; (f) Enact legislation that sets the minimum age of marriage for girls at 18 years and, in compliance with international standards, align the end of compulsory education with the minimum age of employment; (g) Review and/or abolish laws and policies that allow the expulsion of pregnant girls and teachers and ensure that there are no restrictions on their return following childbirth; (h) Recognize rights in education as legally enforceable and that, upon the violation of those rights, girls and women have equal and effective access to justice and the right to remedies, including reparation; (i) Monitor the implementation of the national, regional and international provisions governing the right of girls and women to education, ensuring the right to remedy where there are violations; (j) Work with the international community and civil society towards the enhancement and development of the right of girls and women to education.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["V. Addressing gender-based discrimination in education"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0025","docId":"cedaw-c-gc-36","idx":25,"n":25,"text":"25. Discrimination faced by girls and women in education is both ideological and structural. The ideological dimension is addressed in articles 5 and 10 (c) of the Convention; States parties are to modify accepted social and cultural patterns of conduct of men and women which are based on stereotyped roles for women and men, which is of paramount significance in ensuring that women and girls can enjoy their rights to, within and through education, and essential, as these discriminatory practices not only are exercised at the individual level but also are codified in law, policy and programmes and are therefore perpetuated and enforced by the State.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VI. Addressing gender stereotyping"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0026","docId":"cedaw-c-gc-36","idx":26,"n":26,"text":"26. In article 5 (a), the structural dimension of discrimination is described as being rooted in prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women. States parties are to adopt measures towards a real transformation of opportunities, institutions and systems so that they are no longer grounded in historically determined male paradigms of power and life patterns. The education system is an example of an area for transformation that, once achieved, can accelerate positive change in other areas.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VI. Addressing gender stereotyping"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-36-0027","docId":"cedaw-c-gc-36","idx":27,"n":27,"text":"In line with articles 5 and 10 (c) of the Convention, the Committee recommends that States parties strengthen efforts and take proactive measures to eliminate gender stereotyping in education that perpetuates direct and indirect discrimination against girls and women by: (a) Challenging and changing patriarchal ideologies and structures that limit girls and women from freely and fully exercising and enjoying their human rights to, within and through education; (b) Developing and implementing policies and programmes, including awareness-raising and educational campaigns about the Convention, gender relations and gender equality, at all levels of schooling and among society at large, directed at modifying the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary practices, in line with article 5 (a) of the Convention; (c) Encouraging the media to project positive and non-sexualized images of women, including women and girls from ethnic minority groups, older women and women and girls with disabilities, and promote the value of gender equality for society as a whole; (d) Revising and developing non-stereotypical educational curricula, textbooks and teaching materials to eliminate traditional gender stereotypes that reproduce and reinforce gender-based discrimination against girls and women and to promote more balanced, accurate, healthy and positive projections of the images and voices of women and girls; (e) Instituting mandatory training of teaching staff at all levels of education on gender issues and gender sensitivity and the impact of gendered behaviours on teaching and learning processes.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VI. Addressing gender stereotyping"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-36-0028","docId":"cedaw-c-gc-36","idx":28,"n":28,"text":"28. The right of girls and women of access to high-quality education is based on the availability of adequate infrastructure to meet their needs. Without such availability, the right of access is compromised. When girls and women lack access to high-quality education, they ultimately face major difficulties, including lack of personal autonomy and choices, including control over their health and sexual and reproductive decisions, lower-quality health care for themselves and their children, intergenerational poverty and lack of power-sharing and participation on an equal basis with boys and men in both the private and public domains. Ensuring that right necessitates paying due attention to physical, technological and economic access, in particular for disadvantaged groups and those in precarious situations.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education"]},{"id":"cedaw-c-gc-36-0029","docId":"cedaw-c-gc-36","idx":29,"n":29,"text":"29. Availability refers to providing functioning educational institutions and programmes in sufficient quantity to meet the needs of girls and women within the jurisdiction of the State party irrespective of their location (article 14) or any other factor. Access to educational institutions must be provided within safe reach for girls and women, either by ensuring that they are accessible at some reasonably convenient geographical location or through technological means. Proximity to schools, in particular in rural areas, is crucial, given the prevalence of gender-based violence against girls and women in public spaces and the risk that they face when travelling to and from school. School distance can constitute an significant barrier to school attendance, especially in rural areas, where over 80 per cent of all out-of-school children live.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Physical access: availability of adequate infrastructure"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-36-0030","docId":"cedaw-c-gc-36","idx":30,"n":30,"text":"30. Essential consideration must be given to providing adequate infrastructure in educational institutions in order to remove the barriers to the successful completion of school faced by girls from the age of menarche. Lack of an enabling school environment, including inadequate water and sanitation and hygiene facilities segregated by gender, untrained or unsupportive staff, lack of appropriate sanitary protection materials and lack of information on puberty and menstrual issues, contribute to social exclusion, reduced participation in and focus on learning and decreased school attendance.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Physical access: availability of adequate infrastructure"]},{"id":"cedaw-c-gc-36-0031","docId":"cedaw-c-gc-36","idx":31,"n":31,"text":"The Committee recommends that States parties take the following measures to ensure the availability of physical facilities for the education of girls and women: (a) Provide adequate budgetary, human and administrative resources to ensure that adequate provision is made at the primary and secondary levels to accommodate all girls according to their respective population age cohorts; (b) Address imbalances in budgetary allocations for disadvantaged and marginalized groups of girls and women based on socioeconomic status, location, ethnicity, gender identity and religious persuasion; (c) Institute temporary special measures, in line with article 4 of the Convention, to increase the number of qualified teachers, in particular women, where the teaching force consists predominantly of men, including through the provision of appropriate and continued training; (d) Monitor the implementation of the right of girls and women to education by regularly collecting data disaggregated by sex, location, age, school type and ethnic group on access at all levels of education, including the following indicators: number of female and male students enrolled, and as a proportion of the overall school-age population, at each level of education; retention, dropout, attendance and repetition rates; average years of schooling for female and male students; rate of successful transition between school levels, including for early childhood to primary, primary to secondary and secondary to tertiary or vocational; number of male and female teachers, as an indication of the level of parity among teachers; and female and male literacy rates at different age levels; and by using the information to inform decision-making, policy formulation and periodic reports to the Committee on barriers to girls’ and women’s access to education; (e) Adopt strategies to encourage and monitor school enrolment, attendance, retention and reintegration after dropout, based on disaggregated data; (f) Improve sanitation facilities by providing sex-segregated toilets and washrooms in all schools, as well as access to safe drinking water.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Physical access: availability of adequate infrastructure"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-36-0032","docId":"cedaw-c-gc-36","idx":32,"n":32,"text":"The Committee recommends that States parties take the following measures to ensure access to education for all girls and women: (a) Ensure that girls and women living in rural and remote areas have access to education, in line with articles 4 and 14 (d) of the Convention, and adopt temporary special measures, when appropriate, to support their right to education; (b) Ensure that schools are physically accessible and located within safe distances from students’ homes, in particular in rural and remote areas; (c) Provide opportunities for access to programmes of continuing education, including adult and functional literacy programmes, in particular those aimed at reducing any gaps in education between men and women (article 10 (e)); (d) Institute policy initiatives, including social protection programmes, school feeding initiatives and the provision of sanitary protection materials to increase school attendance, in particular in rural and remote areas; (e) Provide hostels and transportation for girls where the distance between home and school inhibits access to education and ensure that girls in such facilities are protected from sexual and other forms of abuse; (f) Train teachers to provide a supportive environment and culture that allows pubescent girls to participate confidently in learning, without fear, shame or risk.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Physical access: availability of adequate infrastructure"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0033","docId":"cedaw-c-gc-36","idx":33,"n":33,"text":"33. Where financing is limited, an alternative to providing physical access to educational facilities is through the use of information and communications technologies in distance and open learning settings. Such approaches provide distinct benefits for girls and women with limited access to conventional forms of education and training, including those who are excluded owing to distance from school in rural areas, domestic work and parental responsibilities, in particular in cases of child marriage and adolescent pregnancy, and on the basis of other social and cultural barriers. Women who want to pursue advanced education while combining work and domestic responsibilities also benefit from those possibilities.","labels":["Women/girls","Children","Adolescents","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Technological accessibility"]},{"id":"cedaw-c-gc-36-0034","docId":"cedaw-c-gc-36","idx":34,"n":34,"text":"34. Other distinct benefits that can be derived from the use of open learning technologies are the development of new patterns of teaching and learning, the fostering of a new learning culture, increased flexibility for adult learners, opportunities for employers to provide cost-effective professional development on the job and opportunities for Governments to increase the cost-effectiveness of and capacity for education and training.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Technological accessibility"]},{"id":"cedaw-c-gc-36-0035","docId":"cedaw-c-gc-36","idx":35,"n":35,"text":"The Committee recommends that States parties take the following measures where opportunities for girls and women to gain access to education through distance and open learning do not exist: (a) Examine the feasibility of introducing access, at the upper secondary and tertiary levels, by setting up facilities to provide certification through the pursuit of open learning opportunities; (b) Upgrade teachers’ knowledge and competence in the use of information and communications technologies and provide training in the skills required to operate in an open learning environment; (c) Ensure that girls and women belonging to disadvantaged groups, those from rural communities and those with low levels of literacy are not excluded from such opportunities owing to a lack of access to the tools and the skills required for meaningful participation.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Technological accessibility"]},{"id":"cedaw-c-gc-36-0036","docId":"cedaw-c-gc-36","idx":36,"n":36,"text":"36. Education must be affordable for all, without discrimination based on sex or any other prohibited ground, and should be free and compulsory from preschool through secondary school and progressively made free through the tertiary level. Despite the existence of legislation providing for free education up to a stipulated age or grade level, in many States parties, auxiliary fees are imposed on students attending public schools to augment government subsidies. In addition, parents are faced with meeting the hidden costs of uniforms, transportation, textbooks and other school materials, school lunch and various levies and user fees, with students from the poorest quintile being most adversely affected and often stigmatized.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Economic accessibility"]},{"id":"cedaw-c-gc-36-0037","docId":"cedaw-c-gc-36","idx":37,"n":37,"text":"37. The monetization of access, through user fees, forces poor parents to choose which of their children to send to school, and they often show a preference for educating boys over girls. They decide on the basis of what they believe will be the maximum economic benefit to the family, over the long term, of their educational investment. Because of entrenched gender inequality, labour markets generally favour men. Parents therefore conclude that it is better to educate boys, who are able to gain access to better employment opportunities after their schooling. Parents’ choices are also influenced by stereotypes that place girls in the domestic sphere.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Economic accessibility"]},{"id":"cedaw-c-gc-36-0038","docId":"cedaw-c-gc-36","idx":38,"n":38,"text":"38. In the context of economic crises, many States parties make cuts to social services, and education is outsourced to private entities, as well as provided by nonState organizations such as religious or community groups or non-governmental organizations. It has been established that privatization has specific negative consequences for girls and women, and in particular girls from poorer families, namely, their exclusion from education.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Economic accessibility"]},{"id":"cedaw-c-gc-36-0039","docId":"cedaw-c-gc-36","idx":39,"n":39,"text":"The Committee recommends that States parties take all measures to ensure that user fees and hidden costs do not have a negative impact on girls’ and women’s access to education by instituting the following measures: (a) Universal, free and compulsory education from preschool to secondary school, regardless of socioeconomic status, for citizens of the State party, as well as for girls and women with migrant or refugee status; (b) Affordable education at the tertiary level, by reducing user fees and indirect and opportunity costs; (c) Introduction of social safety nets and other measures to ensure that girls and women from lower socioeconomic strata are not denied access to any level of education on the basis of their inability to pay user fees or meet hidden costs; (d) Ensuring that private actors respect the same standards regarding non-discrimination of girls and women as do public institutions, as a condition of their running academic institutions; (e) Campaigns targeting parents and the wider society to overcome male preference where education is concerned and recognize the value of educating girls.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Economic accessibility"]},{"id":"cedaw-c-gc-36-0040","docId":"cedaw-c-gc-36","idx":40,"n":40,"text":"40. Many girls and women are excluded from education and are marginalized because they are simultaneously exposed to the intersection of multiple forms of discrimination, as well as owing to lack of relevance of the curriculum, teaching conducted only in the majority language, exposure to violence, stigma or poverty. Such disadvantaged or vulnerable groups include the following.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0041","docId":"cedaw-c-gc-36","idx":41,"n":41,"text":"41. The majority of girls not in primary school belong to ethnic minority groups and other excluded groups. The main factors having an impact on the access of those groups to education include poverty, discrimination, lack of cultural relevance and, often, instruction delivered only in the dominant language, resulting in lower educational achievement, higher dropout rates, loss of heritage languages and lower self-esteem.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0042","docId":"cedaw-c-gc-36","idx":42,"n":42,"text":"42. When forcibly uprooted, girls and women in those situations end up in camps with no schools or in makeshift schools with limited capacity, without curricula or instruction in their languages. Displacement causes particular barriers to learning; human resources may be lost and physical infrastructure destroyed and, during flight, children may lose State-mandated documentation, thereby preventing them from enrolling in new schools. Girls can be particularly affected during displacement because the situation of increased insecurity causes some parents to keep girls at home.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0043","docId":"cedaw-c-gc-36","idx":43,"n":43,"text":"43. Millions of girls and women with disabilities are deprived of the right to education as a result of intersecting forms of discrimination, on the basis of gender and disability. According to UNESCO, a third of out-of-school children worldwide are children with disabilities.[[fn:9]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":9,"text":"See https://en.unesco.org/themes/inclusion-in-education."}],"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0044","docId":"cedaw-c-gc-36","idx":44,"n":44,"text":"44. Many Governments officially promote inclusive education; however, in practice, children with disabilities, especially girls, are either excluded or segregated in special schools. Low attendance rates of children with disabilities, in particular girls, have similar causes globally, namely, lack of physical accessibility, refusal of teachers or school principals to enrol such children, lack of accommodation of their needs in school curricula and teaching materials and, more generally, stigma and lack of awareness among parents and communities, which yield negative attitudes about the learning capacities of women and girls with disabilities. Additionally, the number of teachers trained to address students with special needs is often inadequate.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0045","docId":"cedaw-c-gc-36","idx":45,"n":45,"text":"45. Bullying, harassment and threats against such students by fellow students and teachers constitute barriers to their right to education. Schools perpetuate and reinforce social prejudices, often as a result of the poor implementation of policies by school governance bodies, as well as irregular enforcement of non-discrimination policies by teachers, principals and other school authorities. Limited education and cultural taboos are among the factors that prevent lesbian, bisexual, transgender, and intersex students from achieving social mobility and increase their vulnerability to violence.","labels":["LGBTI+","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"]},{"id":"cedaw-c-gc-36-0046","docId":"cedaw-c-gc-36","idx":46,"n":46,"text":"The Committee recommends that States parties take all appropriate measures to ensure the right of all categories of disadvantaged and marginalized groups to education by eliminating stereotyping and discrimination, removing barriers to access and implementing the following measures: (a) Address stereotyping, in particular of indigenous girls and women and of those from minority groups, that puts them at risk in gaining access to education, exposes them to violence in school and the community and on their way to and from school, especially in remote areas; (b) Address the low socioeconomic status and living conditions, in particular of indigenous girls and women and of those from minority groups, that are barriers to gaining access to education, in particular in the light of male preference where schooling is concerned in situations of scarce financial resources; (c) Ensure, when necessary, in collaboration with donors and humanitarian agencies, that adequate provision is made for the education and safety of all disadvantaged groups of girls and women; (d) Ensure that the application of a mandatory dress code and banning of specific clothing does not hamper access to inclusive education, in particular for those of migrant backgrounds; (e) Eliminate all forms of discrimination against girls and women with disabilities by identifying and removing legal, physical, social, financial, attitudinal, communication and language barriers within educational institutions and the community; (f) Take the measures necessary to ensure non-discrimination against girls and women with disabilities at all levels of education by providing inclusive education in learning environments offering reasonable accommodation; (g) Ensure the physical accessibility of educational institutions and prevent principals from blocking the enrolment of students with disabilities, in particular girls, and ensure that curricula, teaching materials and pedagogical strategies are tailored to the unique needs of individuals affected by the various forms of disability; (h) In line with article 4 of the Convention, on temporary special measures, institute incentives to attract and train special education teachers for all levels of education; (i) Address discrimination against lesbian, bisexual, and transgender, women and girls, and intersex persons by ensuring that policies are in place to address the obstacles that impede their access to education.","labels":["Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities","LGBTI+","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Disadvantaged groups of girls and women"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-36-0047","docId":"cedaw-c-gc-36","idx":47,"n":47,"text":"47. Another factor constraining girls’ and women’s access to education is the total breakdown of infrastructure for State public service provision owing to armed conflict, resulting in the lack of delivery of essential services to the population. In conflict-affected areas, schools are closed owing to insecurity, occupied by State and non-State armed groups or destroyed, all of which impede girls’ access to school. In its general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations, the Committee noted that other factors preventing girls’ access to education include targeted attacks and threats to them and their teachers by non-State actors, as well as the additional caregiving and household responsibilities that they are obliged to undertake.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Access to education during situations of conflict and natural disaster"]},{"id":"cedaw-c-gc-36-0048","docId":"cedaw-c-gc-36","idx":48,"n":48,"text":"48. According to the Global Coalition to Protect Education from Attack, between 2005 and 2012, educational institutions were used in conflicts in at least 24 countries, across four continents. In addition to the risk of death or severe injury from attacks, students attending classes in schools under occupation by troops or armed forces may be exposed to physical or sexual abuse, with girls at greater risk than boys. The presence of armed men often discourages families from sending girls to school for fear that they will become victims of sexual violence or be subjected to sexual harassment. They therefore often marry off their daughters at an early age, believing that it may afford them protection. Overall, attacks on education and use of schools and universities by the military or armed groups have a disproportionate or discriminatory impact upon girls and women.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Access to education during situations of conflict and natural disaster"]},{"id":"cedaw-c-gc-36-0049","docId":"cedaw-c-gc-36","idx":49,"n":49,"text":"49. Women and children are the most vulnerable groups during any natural disaster. The destruction of or use of schools as community shelters for affected families have serious consequences for access to education, causing loss of time for classroom instruction and high dropout rates.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Access to education during situations of conflict and natural disaster"]},{"id":"cedaw-c-gc-36-0050","docId":"cedaw-c-gc-36","idx":50,"n":50,"text":"The Committee recommends that, in situations of conflict and natural disaster States parties implement the following measures to minimize their impact on girls’ and women’s access to education and to protect their rights to education and safety: (a) Enact legislation, revise military practice and policy and introduce training to prohibit national armed forces and armed groups from using or occupying schools, school grounds or other educational facilities and institutions in a manner that violates international humanitarian law and/or the right to education under international human rights law; (b) Institute measures to protect female students and teachers from physical and sexual abuse by State and non-State actors occupying educational institutions; (c) Assess and address the impact of armed conflict on girls’ and women’s access to education; (d) Bearing in mind Security Council resolution 1325 (2000) on women and peace and security and subsequent resolutions on women and peace and security, demonstrate a proactive commitment to take the measures necessary to prevent targeted attacks on educational institutions and to protect women and girls; (e) Ensure the meaningful participation of women in monitoring attacks and in developing preventive, protective and peacebuilding measures, and ensure the participation of women, including those from disadvantaged groups, in their development; (f) Devise effective, coordinated, reconstructive and rapid responses, including both legal and non-legal accountability measures to hold perpetrators accountable; (g) Systematically investigate and prosecute, in accordance with international standards, those individuals responsible for ordering, taking part in or bearing command responsibility for the range of violations of international human rights, humanitarian and criminal law that constitute attacks on education; (h) Ensure that, when schools are destroyed or used as shelters during natural disasters, girls’ and women’s access to schooling is not unduly curtailed; (i) Give priority to the rehabilitation of schools affected by natural disasters, especially those serving disadvantaged girls and women; (j) Ensure that all new school buildings adhere to prescribed building codes which incorporate disaster resilience, and carry out regular audits on existing schools.","labels":["Women/girls","Children","Persons affected by natural disasters","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Access to education during situations of conflict and natural disaster"]},{"id":"cedaw-c-gc-36-0051","docId":"cedaw-c-gc-36","idx":51,"n":51,"text":"51. Even where there is adequate provision of education and accessibility is not a constraining factor, the persistence of patriarchal systems and cultural norms and practices based on those systems and the traditional roles associated with girls and women, can become powerful barriers to the enjoyment by girls and women of their right to education.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Cultural barriers"]},{"id":"cedaw-c-gc-36-0052","docId":"cedaw-c-gc-36","idx":52,"n":52,"text":"52. When girls are not in school, they are more likely to be forced to marry. The discriminatory and harmful practices of child and/or forced marriage, associated with religious or cultural practices in some societies, negatively impacts the right to education. When girls are unable to finish their education because of child and/or forced marriage and pregnancy, they face practical barriers, including forced exclusion from school, social norms confining girls to the home and stigma. Child marriage also contributes to an increased risk of domestic violence, reproductive health risks and limitations to the right to freedom of movement. By failing to curb child marriage, Governments fail in their obligation to ensure access to education for girls on an equal basis with boys.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Cultural barriers"]},{"id":"cedaw-c-gc-36-0053","docId":"cedaw-c-gc-36","idx":53,"n":53,"text":"53. In some regions of the world, the pervasive cultural practice of female genital mutilation hinders and/or ends girls’ education. Complications following the procedure can cause girls to be less focused in school or absent, resulting in poor performance and ultimately premature termination of their studies. In some countries, the high cost associated with the procedure also has an impact on parents’ capacity to subsequently meet school expenses, resulting in girls dropping out of school. Forced marriage after the procedure, considered an initiation into maturity, can also lead to dropout due to pregnancy or a focus on responsibilities in the home.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Cultural barriers"]},{"id":"cedaw-c-gc-36-0054","docId":"cedaw-c-gc-36","idx":54,"n":54,"text":"54. Poverty, combined with cultural practices, necessitates children’s undertaking both paid and unpaid work. In a report of 2015 on child labour and education,[[fn:10]] the International Labour Organization (ILO) indicated that 168 million children 5 to 17 years of age were trapped in child labour. Girls are overrepresented in the care economy involving work in their own or others’ households and bear the double burden of work inside and outside the home, often with little or no time left for schooling. For those who manage to combine school and work, performance often suffers, leading to dropout. In many regions, the practice of child labour is also culturally determined, with children incorporated in family-related work in particular seasons or on certain days of the week.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":10,"text":"ILO, World Report on Child Labour 2015: Paving the way to decent work for young people (2015)."}],"section":["VII. The right of access to education","Cultural barriers"]},{"id":"cedaw-c-gc-36-0055","docId":"cedaw-c-gc-36","idx":55,"n":55,"text":"The Committee recommends that States parties take the following measures to mitigate the impact of cultural and religious practices on girls’ and women’s access to education: (a) Protect girls and women from being deprived of their right to education on the basis of patriarchal, religious or cultural norms and practices, in line with joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices; (b) Facilitate dialogue with religious and traditional leaders on the value of educating girls and the importance of addressing practices and customs that act as barriers to their participation at all levels of education; (c) Ensure that the minimum age of marriage, with or without parental consent, is set at 18 for girls, in line with joint general recommendation No. 31/general comment No. 18; (d) Integrate the topic of female genital mutilation into formal and non-formal education, so that it is openly discussed, without stigma, to enable girls and women to receive accurate information on the detrimental and harmful effects of the practice, in line with the Committee’s general recommendation No. 14 (1990) on female circumcision; (e) Train teachers, facilitators and youth workers to equip them to educate girls about female genital mutilation and support those at risk of undergoing the procedure or who have already undergone the procedure; (f) Encourage religious and community leaders to oppose the practice of female genital mutilation and to inform and educate their communities on the dangers of the practice; (g) Formulate re-entry and inclusive education policies enabling pregnant girls, young mothers and married girls under 18 years of age to remain in or return to school without delay and ensure that such policies are disseminated to all educational establishments and administrators, as well as among parents and communities; (h) Address practices that may hinder access to education, such as involving girls in unpaid labour in the home; (i) Ensure that all children, in particular girls, under the minimum age of employment are in school full time, including, where appropriate and consistent with the relevant international labour standards, in vocational or technical school.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VII. The right of access to education","Cultural barriers"]},{"id":"cedaw-c-gc-36-0056","docId":"cedaw-c-gc-36","idx":56,"n":56,"text":"56. Girls’ and women’s rights within education relate to the governmental obligation to make education acceptable.[[fn:11]] Acceptability addresses issues of the form (content) and substance (quality) of education, which apply to the school setting, as well as educational content and method. The realization of rights within education requires the government’s provision of funds, the necessary infrastructure, support and supplies for students and teachers. It also requires that girls be ensured equal access to the same quality of education as boys, in terms of the quality of teachers and amenities, and an environment characterized by girls and women having opportunities to pursue goals towards their self-determination and self-actualization. Rights within education, therefore, encompass respect for and promotion of the human rights of girls and women throughout the education cycle.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":11,"text":"See para. 14 above."}],"section":["VIII. Rights within education"]},{"id":"cedaw-c-gc-36-0057","docId":"cedaw-c-gc-36","idx":57,"n":57,"text":"57. The lack of respect and dignity that girls and women experience in educational institutions, depending upon the gender regime of the school, is a reflection of the wider social order. An environment lacking respect and dignity for girls and women is often marked by entrenched patriarchal ideologies, practices and structures that shape the daily experience of teachers and students. As a result of girls being exposed to such an environment, which can be one of physical, emotional and sexual abuse, for as many as 10 years or more, they are denied their rights within the education arena. Various issues need to be addressed to ensure that girls and women, including the staff of educational institutions, can enjoy equality of treatment and opportunity.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education"]},{"id":"cedaw-c-gc-36-0058","docId":"cedaw-c-gc-36","idx":58,"n":58,"text":"58. In general, education systems are highly differentiated in the ways by which students are sorted, in particular at the point of transition from the primary and secondary levels, into schools and/or streams that stress either vocational or academic training. In some systems, once students are placed, movement between vocational or academic training is challenging. Socioeconomic status strongly influences student placement into the different types of schools. Students of high economic status are more likely to attend academically oriented schools offering high-status knowledge that provides a direct pathway to tertiary education. Highly differentiated education systems therefore maintain socioeconomic inequalities from quite early in the lifecycle and well before students complete their education and enter the labour force.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"]},{"id":"cedaw-c-gc-36-0059","docId":"cedaw-c-gc-36","idx":59,"n":59,"text":"59. In such a differentiated education system there are also marked differences in the material resources allocated to schools to support delivery of the curricula. Schools in communities of lower socioeconomic status are generally more poorly endowed both in terms of material resources and teacher quality compared with those of higher socioeconomic status, with students in the latter better positioned to benefit from parental subsidies to offset insufficient public funding.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"]},{"id":"cedaw-c-gc-36-0060","docId":"cedaw-c-gc-36","idx":60,"n":60,"text":"60. Between and within school types, students are also differentiated on the basis of perceptions of appropriate subject options for each sex. In academic schools, girls are often clustered in programmes in the humanities and underrepresented in science, technology, engineering and mathematics, while, in vocational schools, women and girls predominate in areas such as food and nutrition, cosmetology and clerical studies. The stratification of students and knowledge ultimately leads to girls being propelled into what are socially regarded as low-status occupations. Such stratification has the potential for further reinforcement in single-sex schools, where often the only subjects deemed suitable for the particular sex are offered. As a result, a school for girls would not offer instruction in woodworking, or building and construction. Facilitating the realization of the right of girls and women to the same quality education as that offered to boys and men entails providing for the full range of academic and vocational subjects in schools and not reinforcing segregation of the curricula by sex.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"]},{"id":"cedaw-c-gc-36-0061","docId":"cedaw-c-gc-36","idx":61,"n":61,"text":"61. A critical technical and vocational area in which girls and women are underrepresented is in information and communications technology. Sixty per cent of people in the world, most of them girls and women, are denied the right of access to the transformative power of the Internet. To overcome the digital divide between men and women in the use of new technologies and to provide women with equal access to information and employment opportunities in those industries, schools need to address the barriers that result in their exclusion.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"]},{"id":"cedaw-c-gc-36-0062","docId":"cedaw-c-gc-36","idx":62,"n":62,"text":"62. Article 10 (g) of the Convention provides that States parties are to ensure that girls and women have the same opportunities as boys and men to actively participate in sports and physical education. However, on the basis of prevailing stereotypes, positive outcomes for the empowerment of women and gender equality in that sphere are constrained by discrimination in all areas of sports and physical activity. Sex segregation persists, and the participation of women in decision-making is limited at both the national and international levels. In addition, the value placed on women’s sports is often lower, resulting in the inadequate allocation of resources to support their participation, as well as the lower remuneration of women athletes. Media representations of women in sports also influence prevailing stereotypes. Violence against women, exploitation and harassment in sports also reflect traditional male domination in the sporting arena.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-36-0063","docId":"cedaw-c-gc-36","idx":63,"n":63,"text":"63. The Committee recommends that States parties take the following actions to ensure that education systems allow for equal opportunities for both sexes and for free choice of courses of study and of careers: (a) Reform and standardize, as necessary, the education system to ensure the equitable distribution of all educational resources in all schools regardless of the location or population served; (b) Eliminate ideological and structural barriers in co-educational schools, in particular at the secondary level, including such barriers as school timetables that are arranged so that only subjects segregated by sex are offered in a given time slot, which obliges students to take the sex-segregated class and precludes interaction and discussion between girls and boys on those subjects, and teacher attitudes that prevent girls from making free choices in terms of subject choice and course options; (c) Equip teacher trainees and teachers to provide career counselling for students and parents to address and modify the entrenched perceptions of which subjects and careers are appropriate for each sex; (d) Institute measures to increase the participation of women and girls in science, technology, engineering and mathematics programmes, at all levels of education, by providing such special incentives as scholarships and adopting temporary special measures, in line with article 4 of the Convention and the Committee’s general recommendation No. 25 (2004) on temporary special measures; (e) Ensure that, in single-sex schools, the full range of subjects, in particular in the technical and vocational areas, are offered so that girls have the opportunity to participate in male-dominated areas, and vice versa, to allow for wider career options; (f) Develop national information and communications technology plans or strategies with specific targets for achieving gender equity in access to information and communications technologies in schools and tertiary-level institutions, backed by specific programmes that can be implemented in schools and with a budget necessary for their delivery and the gathering of timely data disaggregated by sex for the monitoring of the achievement of targets; (g) Institute clear legislative and policy measures to ensure that, when girls and women participate in male-dominated disciplines and activities in educational institutions, they are protected from sexual harassment and violence; (h) Provide equal opportunities in educational institutions for girls and women to freely choose areas of physical activity and sport in which they wish to engage and to enjoy the health and psychological benefits that accrue from such engagement; (i) Address traditional stereotypes and provide facilities that allow for the participation of girls and women in male-dominated physical activities and sports in both co-educational and female single-sex educational institutions; (j) Institute positive actions, preferential treatment or quota systems, in the areas of sport, culture and recreation, in line with general recommendation No. 25 and, where necessary, direct such measures at girls and women who are subjected to multiple forms of discrimination, including rural women, in accordance with general recommendation No. 34 (2016) on the rights of rural women.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Stratification of schools and knowledge (articles 10 (a) and (b))"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-36-0064","docId":"cedaw-c-gc-36","idx":64,"n":64,"text":"64. Gender inequality in education includes differential treatment whereby one sex is favoured or given preferential access to rewards by the school system, in terms of attention, grades, opportunities and praise, and more lenient punishment for misbehaviour. Gender inequality is also manifested in unequal access to non-material status and power in teacher-student interactions. In educational settings, the way girls experience such inequality is influenced by several attributes, including their sex, socioeconomic status, race or ethnicity or belonging to a minority group, appearance and language patterns.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"]},{"id":"cedaw-c-gc-36-0065","docId":"cedaw-c-gc-36","idx":65,"n":65,"text":"65. Another area in which girls and women are adversely affected is in the sexual politics associated with their participation in education. Sexual politics in schools refers to gender relations marked by unwarranted sexual overtones, such as the sexual harassment of girls in schools or on the way to and from school. They may be confronted with sexual harassment and abuse perpetrated by students, teachers and community members, as well as biased treatment in school. Sexual assault and other forms of gender-based violence in schools significantly contribute to low self-esteem, poor educational achievement and have adverse long-term effects on health and well-being. As a result of violence, girls are kept out of school, drop out of school or do not fully participate in school. Violence often begins with verbal insults and threatening gestures which, when not challenged by those in authority, are followed by violent acts.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"]},{"id":"cedaw-c-gc-36-0066","docId":"cedaw-c-gc-36","idx":66,"n":66,"text":"66. Disadvantaged groups of girls are at an increased risk of violence at school because of the multiple forms of discrimination that they face, in particular on the basis of their HIV status, caste, ethnicity, race and religion, which increase the risk of abuse and influence the nature of the violence experienced. Girls with disabilities face discrimination on the basis of both their gender and disability, while lesbian, bisexual, transgender, and intersex children experience both sexism and homophobia.","labels":["Women/girls","Children","Persons with disabilities","LGBTI+","Persons living with HIV/AIDS"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"]},{"id":"cedaw-c-gc-36-0067","docId":"cedaw-c-gc-36","idx":67,"n":67,"text":"67. In spite of the rampant sexual harassment and abuse of girls in educational institutions, and that they constitute a key barrier to their right to and within education, those facts have not been systematically factored into educational policy and programmes. In many instances there is no strict accountability mechanism and, in schools, the matter is ignored or responded to by victim-blaming, with impunity for perpetrators.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"]},{"id":"cedaw-c-gc-36-0068","docId":"cedaw-c-gc-36","idx":68,"n":68,"text":"68. The sexual abuse of girls may result in unwanted pregnancies, and there is therefore a need to alert girls, in particular during adolescence to that problem and its consequences. An important response to the magnitude of the problem in the home, school and community is instituting mandatory, age-appropriate curricula, at all levels of education, on comprehensive sexuality education, including on sexual and reproductive health and rights, responsible sexual behaviour, prevention of early pregnancy and prevention of sexually transmitted infections, in line with articles 10 (h) and 12 of the Convention, the Committee’s general recommendation No. 24 (1999) on women and health and general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19. Teachers should be specifically trained for the various levels of age-appropriate delivery. In situations where the teaching staff is predominantly male, such as at the secondary school level, efforts should be made to recruit, train and hire female teachers who can serve as role models and make classrooms safer and more enabling places for girls and young women.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"cedaw-c-gc-36-0069","docId":"cedaw-c-gc-36","idx":69,"n":69,"text":"The Committee recommends that States parties take the following measures to curtail violence against girls and women associated with educational institutions and schooling, thereby protecting their right to be treated with respect and dignity: (a) Enact and enforce appropriate laws, policies and procedures to prohibit and tackle violence against girls and women in and around educational institutions, including verbal and emotional abuse, stalking, sexual harassment and sexual violence, physical violence and exploitation; (b) Recruit, train and hire more female teachers in educational institutions where the school faculty is predominantly male; (c) Ensure that girls and women affected by violence in schools have effective access to justice and remedy; (d) Respond to cases of violence against girls and women in educational institutions through confidential and independent reporting mechanisms, effective investigations, criminal prosecutions where appropriate and the adequate punishment of perpetrators and by providing services for victims/survivors; (e) Ensure that all incidents of violence against girls and women in educational institutions are reported and recorded, check the criminal records of school personnel prior to their employment and develop and enforce codes of conduct for all school staff and students; (f) Adopt national plans of action to address school-related violence against girls, including guidelines for schools and compulsory training for teachers and students in early intervention strategies to address sexual harassment and violence against girls; (g) Designate a government mechanism for preventing and investigating incidents of violence in educational institutions and provide adequate public funding to address the problem; (h) Provide support services for girls who experience violence, including counselling, medical treatment, HIV/AIDS information and medication; (i) Develop and introduce age-appropriate, evidence-based, scientifically accurate mandatory curricula at all levels of education, covering comprehensive information on sexual and reproductive health and rights, responsible sexual behaviour, prevention of early pregnancy and sexually transmitted infections.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Gender inequality, abuse and sexual violence in schools"]},{"id":"cedaw-c-gc-36-0070","docId":"cedaw-c-gc-36","idx":70,"n":70,"text":"70. Another form of abuse that girls experience is cyberbullying, by which information and communications technologies and various social media platforms are the means through which perpetrators intimidate, threaten or harass them. While both boys and girls are involved in cyberbullying, research shows that girls, in particular adolescent girls, are almost twice as likely as boys to be both victims and perpetrators. Online victimization of adolescent girls takes many forms, including name-calling, rumours, threats, disclosure of confidential information, images and videos, revenge porn, sexual harassment and sexual advances, often from strangers.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Cyberbullying"]},{"id":"cedaw-c-gc-36-0071","docId":"cedaw-c-gc-36","idx":71,"n":71,"text":"71. Cyberbullying has a wide variety of effects on adolescent girls, including mild or extreme emotional effects, feelings of being unsafe and frightened and, in some instances, suicidal ideation or suicide.","labels":["Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Cyberbullying"]},{"id":"cedaw-c-gc-36-0072","docId":"cedaw-c-gc-36","idx":72,"n":72,"text":"The Committee recommends that, although cyberbullying is not always rooted in the school environment, States parties take the following measures in schools to protect girls: (a) Alert parents to the spread of the phenomenon of cyberbullying and the impacts that it can have on girls; (b) Develop comprehensive programmes that inform teachers, students and parents about the forms that cyberbullying can take and the potential impacts, and provide counselling and support for students who are victims of cyberbullying; (c) Put into place policies that ensure that the technologies available in schools are not used for the purpose of cyberbullying and monitor their implementation; (d) Establish multiple and readily accessible channels that students can use to report such incidents by establishing peer and teacher counselling services, safe locations in schools and hotlines for anonymous reporting; (e) Inform girls of the consequences of engaging in cyberbullying to victims’ health and well-being, as well as the sanctions that may be applied to perpetrators; (f) Enact legislation that defines and penalizes harassment through use of information and communications technologies and the online harassment of women and girls in all its forms.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Cyberbullying"]},{"id":"cedaw-c-gc-36-0073","docId":"cedaw-c-gc-36","idx":73,"n":73,"text":"73. The gender regime evident in educational institutions has negative impacts on female staff, in particular staff in systems of secondary and tertiary education. Those impacts are most evident in terms of their limited upward mobility in the profession and their rate of transition to decision-making positions. Although teaching is considered to be a feminized profession, there is a disproportionately low representation of women in senior and top management positions at all levels of education, worldwide.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Equitable female participation in management structures"]},{"id":"cedaw-c-gc-36-0074","docId":"cedaw-c-gc-36","idx":74,"n":74,"text":"74. Several factors account for the underrepresentation of women in leadership and decision-making positions at all levels of education. They include limited access to education, especially opportunities for pursuing higher educational certification for those teaching at the lower levels, discriminatory appointment and promotion practices, family attitudes, career interruptions, cultural stereotyping, alienation from the male culture of networking and patronage, and continued resistance to including women in management positions.[[fn:12]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":12,"text":"See UNESCO document, ED.99/HEP/WCHE/Vol. IV-12, Proceedings of the World Conference on Higher Education in the Twenty-first Century: Vision and Action (Paris 5–9 October 1998, vol. IV. Available from http://www.unesco.org/ulis/cgi-bin/ulis.pl?catno=117320&set=005A5 1B380_3_203&gp=1&lin=1&ll=1."}],"section":["VIII. Rights within education","Equitable female participation in management structures"]},{"id":"cedaw-c-gc-36-0075","docId":"cedaw-c-gc-36","idx":75,"n":75,"text":"The Committee recommends that States parties institute the following measures to close the gender gap in leadership positions at all levels of education to ensure the elimination of the discrimination women face in that regard: (a) Increase the professional mobility of women in institutions of higher learning by providing grants and/or scholarships to enable them to acquire advanced postgraduate degrees and introduce incentives and schemes to retain them; (b) Strengthen efforts to increase the number of women in leadership positions at all levels of education, especially university professors in all fields, through the use of measures, including temporary special measures in accordance with article 4 (1) of the Convention and general recommendation No. 25; (c) Review appointment and promotion procedures and remove any discriminatory provisions, which act as barriers to the equal participation of women in leadership positions in educational institutions, and address discriminatory practices in appointments and promotions; (d) Address prevailing organizational cultures that are unfavourable to the upward mobility of women in the teaching profession; (e) Establish targets, within a given timeline, to ensure parity in positions in higher education, including senior positions, professorships chancellorships and vice-chancellorships in universities; (f) Establish policies and quotas for the equal representation of women in governing bodies in higher education, such as senates and councils, and in research bodies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["VIII. Rights within education","Equitable female participation in management structures"],"citedArticles":[{"treaty":"CEDAW","article":"4","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-36-0076","docId":"cedaw-c-gc-36","idx":76,"n":76,"text":"76. Since 1985, several United Nations international conferences have focused on human rights, women, social issues and sustainable development and have identified numerous actions to promote gender equality and the empowerment of women. Many of the conferences emphasized education as the means for achieving those goals and for improving the position of women in society. Education equips individuals with the skills to be adaptable to the needs of changing societies and therefore has a multiplier effect in enabling women to claim rights in all spheres, beyond the school. However, women’s rights through education are far from being realized.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0077","docId":"cedaw-c-gc-36","idx":77,"n":77,"text":"77. In spite of regional disparities, global data indicate that more women than men have higher educational certifications and thus are the more highly qualified source of human capital. However, men with lower levels of certification are favoured for certain jobs and positions over women with higher levels of certification, contributing to the universal phenomenon of horizontal and vertical sex-segregation of labour markets. Certification therefore does not carry the same social currency for women and men. Even where both sexes have equal levels of education, men are often given preferential treatment in employment.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":13,"text":"See the statement by former Committee member Barbara Bailey to the high-level round table held on the margins of the fifty-fifth session of the Commission on the Status of Women. Available from www.un.org/womenwatch/daw/csw/csw55/panels/HLRTA-Bailey-Barbara.pdf."}],"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0078","docId":"cedaw-c-gc-36","idx":78,"n":78,"text":"78. Such systemic patterns become entrenched, in particular in the labour market, which operates on the basis of the “man as breadwinner” ideology, resulting in men occupying dominant positions in wage labour. As a result, in most societies, women experience lower levels of employment and higher levels of unemployment and of poverty, are more highly represented as part-time workers, earn less than men, on average, are disproportionately represented in vulnerable areas of work, and have less opportunities for decent working conditions. Women are underrepresented in decision-making positions at all levels of social and political institutions and lack real personal autonomy. Although increased access to education has improved the condition of women’s lives and that of their children, the potential for education, as it presently exists, to shift the overall balance of power in the economic, political and social spheres and to make a strategic difference in terms of the empowerment of women, has not been achieved, owing to cultural beliefs and practices that reproduce entrenched gendered ideologies, structures and systems.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0079","docId":"cedaw-c-gc-36","idx":79,"n":79,"text":"79. That consistent pattern is linked to gender socialization processes that reproduce and maintain a sexual division of labour, which defines what is feminine and masculine and is in turn linked to a public/private dichotomy, a system in which males dominate the public sphere and females the private sphere. The result is that, rather than being transformative, institutionalized schooling becomes an instrument of the State for reproducing the gender order and maintaining the male/female, dominant/ subordinate and public/private hierarchies.[[fn:14]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":14,"text":"Ibid."}],"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0080","docId":"cedaw-c-gc-36","idx":80,"n":80,"text":"80. The trend continues in the level of participation of women in political processes and decision-making, where, because women remain poorly represented, they cannot effectively influence policy that affects them. In 2017, the proportion of women holding elected or nominated government positions worldwide was approximately 1:4, compared with men. In the lower houses of parliaments, women hold 23.4 per cent of representative posts and in the upper houses, 22.9 per cent. The same trend is evident in the representation of women as members and chairs of public and private sector boards. Women continue to be largely marginalized in the political sphere and in boardrooms as a result of discriminatory laws, practices, attitudes and gender stereotypes.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0081","docId":"cedaw-c-gc-36","idx":81,"n":81,"text":"The Committee recommends that States parties pursue the following measures to achieve the equal participation of women in social, economic and political processes, as well as in decision-making positions in all sectors: (a) Train teachers to adopt constructivist teaching strategies that equip girls and women with critical thinking skills and a sense of positive self-worth and confidence to participate equally with men in high-level and decision-making positions in the social, economic and political spheres; (b) Adapt the options and content of girl’s and women’s education, in particular at the higher levels to increase their participation in scientific, technical and managerial courses of study, and thereby their qualifications, in order to ensure access to high-level jobs and decision-making positions, in particular in male-dominated professions and jobs; (c) Strengthen civic and citizenship education in schools and gender-responsive continuing adult literacy programmes aimed at enhancing the roles of women and their participation in the family and society; (d) Recognize the importance of empowering all women through education and training in government, public policy, economics, information and communications technology and science to ensure that they develop the knowledge and skills needed to make full contributions in all spheres of public life; (e) Protect the right of women to decent work by challenging the entrenched horizontal segregation of labour markets where men are privileged and predominantly positioned in high-status occupational sectors on the basis of patronage rather than merit; (f) Improve and broaden women’s access to information and communications technologies, including e-government tools, in order to enable political participation and to promote engagement in broader democratic processes, while also improving the responsiveness of such technologies to the needs of women, including those of marginalized women; (g) Develop appropriate tools, skills and training programmes, in consultation with women, to equip and empower them to participate in leadership positions and to assume responsibilities in public life; (h) Take all appropriate measures to eliminate the prejudices and gender stereotypes that constitute barriers to women’s access to and full participation in the social, economic and political spheres.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IX. Rights through education"]},{"id":"cedaw-c-gc-36-0082","docId":"cedaw-c-gc-36","idx":82,"n":82,"text":"82. Information in the preceding sections of the present general recommendation indicates that, although there have been some gains towards the realization of the right of girls and women to education, their rights in all three domains — to, within and through — remain not fully realized. The recommendations contained herein identify benchmarks for the adoption and reform of policy and legislative frameworks and the financial and human resources required to provide for and protect the rights of girls and women in those three domains. If education is ultimately to be the vehicle for the personal, social, economic and political empowerment of women and the tool for equipping them to seize opportunities to make a direct contribution to national and regional development processes, then attention to those actions is not optional but obligatory. Transformation of systems and structures can only be realized, however, where there is political will. States parties need to commit to fulfil their internationally binding obligations under agreements such as the Convention, as supported by the general recommendations of the Committee, in particular general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["X. State responsibility: implementation and monitoring"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-36-0083","docId":"cedaw-c-gc-36","idx":83,"n":83,"text":"The Committee urges States parties to take the following actions to ensure the timely implementation and monitoring of the recommendations contained in the present general recommendation to protect the right of girls and women of access to education and their rights within and through education, which elaborate upon article 10 of the Convention and are linked to other articles of the Convention and other general recommendations of the Committee: (a) Ensure the wide dissemination of the general recommendation to all stakeholders, including all government officials engaged in the education sector and supporting sectors, educators at all levels of the education system, students, parents, the media and the relevant national and community organizations; (b) As necessary, translate the document into the national languages and into those used by the ethnic minority groups in States parties; (c) Establish a national multisectoral task force with representation from the major government sectors involved in the delivery of education and educational services and the major non-governmental stakeholders engaged in education to develop a comprehensive implementation and monitoring strategy with clear timelines, benchmarks for measuring the achievement of outcomes and individuals assigned to provide oversight to specific dimensions of the strategy; (d) Ensure that adequate quantitative and qualitative datasets are available and accessible to inform monitoring of outcomes and maximize outcomes by harmonizing implementation of the present general recommendation with requirements under other international, regional and national instruments that address the rights of girls and women to, within and through education, which are consistent with the present instrument.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["X. State responsibility: implementation and monitoring"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-37-0001","docId":"cedaw-c-gc-37","idx":1,"n":1,"text":"1. Climate change is exacerbating both the risk and the impacts of disasters globally, by increasing the frequency and severity of weather and climate hazards, which heightens the vulnerability of communities to those hazards.[[fn:1]] There is scientific evidence that a large proportion of extreme weather events around the world are a result of human-caused changes to the climate.[[fn:2]] The human rights consequences of such disasters are apparent in the form of political and economic instability, growing inequality, declining food and water security and increased threats to health and livelihoods.[[fn:3]] Although climate change affects everyone, those countries and populations that have contributed the least to climate change, including people living in poverty, young people and future generations, are the most vulnerable to its impacts.","labels":["Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":1,"text":"Intergovernmental Panel on Climate Change, Climate Change 2014: Synthesis Report — Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (Geneva, 2013). The Panel notes that climate change “refers to a change in the state of the climate that can be identified (e.g. using statistical tests) by changes in the mean and/or the variability of its properties, and that persists for an extended period, typically decades or longer”."},{"n":2,"text":"Susan J. Hassol and others, “(Un)Natural disasters: communicating linkages between extreme events and climate change”, WMO Bulletin, vol. 65, No. 2 (Geneva, World Meteorological Organization, 2016)."},{"n":3,"text":"United Nations Development Programme (UNDP), “Climate change and disaster risk reduction”, 23 March 2016."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0002","docId":"cedaw-c-gc-37","idx":2,"n":2,"text":"2. Women, girls, men and boys are affected differently by climate change and disasters, with many women and girls experiencing greater risks, burdens and impacts.[[fn:4]] Situations of crisis exacerbate pre-existing gender inequalities and compound the intersecting forms of discrimination against, among others, women living in poverty, indigenous women, women belonging to ethnic, racial, religious and sexual minority groups, women with disabilities, refugee and asylum-seeking women, internally displaced, stateless and migrant women, rural women, unmarried women, adolescents and older women, who are often disproportionately affected compared with men or other women.[[fn:5]]","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Adolescents","Persons living in rural/remote areas","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":4,"text":"See Commission on the Status of Women, resolutions 56/2 and 58/2 on gender equality and the empowerment of women in natural disasters, adopted by consensus in March 2012 and March 2014."},{"n":5,"text":"See, for example, general recommendation No. 27 (2010) on older women and the protection of their human rights."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0003","docId":"cedaw-c-gc-37","idx":3,"n":3,"text":"3. In many contexts, gender inequalities limit the control that women and girls have over decisions governing their lives, as well as their access to resources such as food, water, agricultural input, land, credit, energy, technology, education, health services, adequate housing, social protection and employment.[[fn:6]] As a result of those inequalities, women and girls are more likely to be exposed to disaster-induced risks and losses relating to their livelihoods, and they are less able to adapt to changes in climatic conditions. Although climate change mitigation and adaptation programmes may provide new employment and livelihood opportunities in sectors such as agricultural production, sustainable urban development and clean energy, failure to address the structural barriers faced by women in gaining access to their rights will increase gender-based inequalities and intersecting forms of discrimination.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":6,"text":"For the purposes of the present general recommendation, all references to “women” should be read to include women and girls, unless otherwise noted."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0004","docId":"cedaw-c-gc-37","idx":4,"n":4,"text":"4. Mortality and morbidity levels in situations of disaster are higher among women and girls.[[fn:7]] Owing to gender-based economic inequalities, women, and women heads of household in particular, are at a higher risk of poverty and more likely to live in inadequate housing in urban and rural areas of low land value that are vulnerable to such impacts of climate-related events as floods, storms, avalanches, earthquakes, landslides and other hazards.[[fn:8]] Women and girls in situations of conflict are particularly exposed to risks associated with disasters and climate change. The higher levels of mortality and morbidity among women during and following disasters are also a result of the inequalities that they face in gaining access to adequate health care, food and nutrition, water and sanitation, education, technology and information.[[fn:9]] In addition, failure to engage in gender-responsive disaster planning and implementation often results in protective facilities and infrastructure, such as early warning mechanisms, shelters and relief programmes, that neglect the specific accessibility needs of diverse groups of women, including women with disabilities, older women and indigenous women.[[fn:10]]","labels":["Indigenous peoples","Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":7,"text":"Eric Neumayer and Thomas Plümper, “The gendered nature of natural disasters: the impact of catastrophic events on the gender gap in life expectancy, 1981–2002”, Annals of the Association of American Geographers, vol. 97, No. 3 (2007)."},{"n":8,"text":"United Nations, Global Assessment Report on Disaster Risk Reduction 2015: Making Development Sustainable–The Future of Disaster Risk Management (New York, 2015); Disasters without Borders: Regional Resilience for Sustainable Development: Asia-Pacific Disaster Report 2015 (United Nations publication, Sales No. E.15.II.F.13)."},{"n":9,"text":"C. Bern and others, “Risk factors for mortality in the Bangladesh cyclone of 1991”, Bulletin of the World Health Organization, vol. 71, No. 1 (1993)."},{"n":10,"text":"Tripartite Core Group, “Post-Nargis joint assessment”, July 2008; Lorena Aguilar and others, “Training manual on gender and climate change” (San José, International Union for Conservation of Nature, UNDP and Gender and Water Alliance, 2009)."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0005","docId":"cedaw-c-gc-37","idx":5,"n":5,"text":"5. Women and girls also face a heightened risk of gender-based violence during and following disasters. In the absence of social protection schemes and in situations in which there is food insecurity combined with impunity for gender-based violence, women and girls are often exposed to sexual violence and exploitation as they attempt to gain access to food and other basic needs for family members and themselves. In camps and temporary settlements, the lack of physical security, as well as the lack of safe and accessible infrastructure and services, including drinking water and sanitation, also result in increased levels of gender-based violence against women and girls. Women and girls with disabilities are at particular risk of gender-based violence and sexual exploitation during and following disasters, owing to discrimination on the basis of physical limitations and barriers to communication and the inaccessibility of basic services and facilities. Domestic violence, early and/or forced marriage, trafficking in persons and forced prostitution are also more likely to occur during and following disasters.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0006","docId":"cedaw-c-gc-37","idx":6,"n":6,"text":"6. As the higher vulnerability and exposure of women and girls to disaster risk and climate change are economically, socially and culturally constructed, they can be reduced. The level of vulnerability may vary according to the type of disaster and the geographical and sociocultural contexts.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0007","docId":"cedaw-c-gc-37","idx":7,"n":7,"text":"7. The categorization of women and girls as passive “vulnerable groups” in need of protection from the impacts of disasters is a negative gender stereotype that fails to recognize the important contributions of women in the areas of disaster risk reduction, post-disaster management and climate change mitigation and adaptation strategies.[[fn:11]] Well-designed disaster risk reduction and climate change initiatives that provide for the full and effective participation of women can advance substantive gender equality and the empowerment of women, while ensuring that sustainable development, disaster risk reduction and climate change objectives are achieved.[[fn:12]] It should be underlined that gender equality is a precondition for the realization of the Sustainable Development Goals.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":11,"text":"United Nations, Global Assessment Report on Disaster Risk Reduction 2015; UNDP, “Clean development mechanism: exploring the gender dimensions of climate finance mechanisms”, November 2010; UNDP, “Ensuring gender equity in climate change financing” (New York, 2011)."},{"n":12,"text":"Senay Habtezion, “Gender and disaster risk reduction”, Gender and Climate Change Asia and the Pacific Policy Brief, No. 3 (New York, UNDP, 2013); World Health Organization (WHO), “Gender, climate change and health” (Geneva, 2010)."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0008","docId":"cedaw-c-gc-37","idx":8,"n":8,"text":"8. In the light of the significant challenges in, and opportunities for, the realization of women’s human rights presented by climate change and disaster risk, the Committee on the Elimination of Discrimination against Women has provided specific guidance for States parties on the implementation of their obligations relating to disaster risk reduction and climate change under the Convention on the Elimination of All Forms of Discrimination against Women. In its concluding observations on the reports of States parties and in several of its general recommendations, the Committee has underlined that States parties and other stakeholders have obligations to take specific steps to address discrimination against women in the fields of disaster risk reduction and climate change, through the adoption of targeted laws, policies, mitigation and adaptation strategies, budgets and other measures.[[fn:13]] In its statement on gender and climate change, the Committee outlined that all stakeholders should ensure that climate change and disaster risk reduction measures were gender responsive and sensitive to indigenous knowledge systems and that they respected human rights. The right of women to participate at all levels of decision-making must be guaranteed in climate change policies and programmes (A/65/38, part one, annex II).","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":13,"text":"For concluding observations, see CEDAW/C/SLB/CO/1–3, paras. 40–41; CEDAW/C/PER/CO/7–8, paras. 37–38; CEDAW/C/GIN/CO/7–8, para. 53; CEDAW/C/GRD/CO/1–5, paras. 35–36; CEDAW/C/JAM/CO/6–7, paras. 31–32; CEDAW/C/SYC/CO/1–5, paras. 36–37; CEDAW/C/TGO/CO/6–7, para. 17; CEDAW/C/DZA/CO/3–4, paras. 42–43; CEDAW/C/NLZ/CO/7, paras. 9 and 36–37; CEDAW/C/CHI/CO/5–6, paras. 38–39; CEDAW/C/BLR/CO/7, paras. 37–38; CEDAW/C/LKA/CO/7, paras. 38–39; CEDAW/C/NPL/CO/4–5, para. 38; and CEDAW/C/TUV/CO/2, paras. 55–56. See also general recommendation No. 27 (2010) on older women and the protection of their human rights, para. 25, and general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, para. 11."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0009","docId":"cedaw-c-gc-37","idx":9,"n":9,"text":"9. The Committee notes that other United Nations human rights mechanisms, including the Human Rights Council and the special procedures mandate holders, the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of Persons with Disabilities and the Committee on the Rights of the Child, refer with increasing frequency to the negative consequences of climate change, environmental degradation and disasters. Those mechanisms have also affirmed the obligations of Governments and other stakeholders to take immediate, targeted steps to prevent and mitigate the negative human rights impacts of climate change and disasters and to provide technical and financial support for disaster risk reduction and climate change adaptation measures.","labels":["Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["I. Introduction"]},{"id":"cedaw-c-gc-37-0010","docId":"cedaw-c-gc-37","idx":10,"n":10,"text":"10. Pursuant to article 21 (1) of the Convention, the present general recommendation provides guidance to States parties on the implementation of their obligations under the Convention in relation to disaster risk reduction and climate change. In their reports submitted to the Committee pursuant to article 18, States parties should address general obligations to ensure substantive equality between women and men in all areas of life, as well as the specific guarantees in relation to those rights under the Convention that may be particularly affected by climate change and disasters, including extreme weather events such as floods and hurricanes, as well as slow-onset phenomena, such as the melting of polar ice caps and glaciers, drought and sea-level rise.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"],"citedArticles":[{"treaty":"CEDAW","article":"21","paragraph":"1","source":"regex"},{"treaty":"CEDAW","article":"18","source":"regex"}]},{"id":"cedaw-c-gc-37-0011","docId":"cedaw-c-gc-37","idx":11,"n":11,"text":"11. The present general recommendation may also be used to inform the work of civil society organizations, international and regional intergovernmental organizations, educators, the scientific community, medical personnel, employers and any other stakeholders engaged in activities connected to disaster risk reduction and climate change.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"]},{"id":"cedaw-c-gc-37-0012","docId":"cedaw-c-gc-37","idx":12,"n":12,"text":"12. The objective of the present general recommendation is to underscore the urgency of mitigating the adverse effects of climate change and to highlight the steps necessary to achieve gender equality, the realization of which will reinforce the resilience of individuals and communities globally in the context of climate change and disasters. It is also intended to contribute to coherence, accountability and the mutual reinforcement of international agendas on disaster risk reduction and climate change adaptation, by focusing on the impacts of climate change and disasters on women’s human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"]},{"id":"cedaw-c-gc-37-0013","docId":"cedaw-c-gc-37","idx":13,"n":13,"text":"13. In the present general recommendation, the Committee does not exhaustively cover the gender-related dimensions of climate change mitigation and adaptation measures, nor does it differentiate between disasters relating to climate change and other disasters. It should be emphasized, however, that a large proportion of contemporary disasters may be attributed to human-induced climatic changes and that the recommendations provided herein are also applicable to hazards, risks and disasters that are not directly linked to climate change. For the purposes of the present general recommendation, disasters are defined as including all those events, small-scale and large-scale, frequent and infrequent, sudden- and slow-onset, caused by natural or human-made hazards, and related environmental, technological and biological hazards and risks, mentioned in the Sendai Framework for Disaster Risk Reduction 2015–2030, as well as any other chemical, nuclear and biological hazards and risks. Such hazards and risks include the testing and use of all types of weapons by State and non-State actors.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"]},{"id":"cedaw-c-gc-37-0014","docId":"cedaw-c-gc-37","idx":14,"n":14,"text":"14. The obligations of States parties to effectively mitigate and adapt to the adverse effects of climate change, in order to reduce the increased disaster risk, have been recognized by international human rights mechanisms. Limiting fossil fuel use and greenhouse gas emissions and the harmful environmental effects of extractive industries such as mining and fracking, and the allocation of climate financing, are regarded as crucial steps in mitigating the negative human rights impacts of climate change and disasters. Any mitigation or adaptation measures should be designed and implemented in accordance with the human rights principles of substantive equality and non-discrimination, participation and empowerment, accountability and access to justice, transparency and the rule of law.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"]},{"id":"cedaw-c-gc-37-0015","docId":"cedaw-c-gc-37","idx":15,"n":15,"text":"15. The present general recommendation is focused on the obligations of States parties and non-State actors to take effective measures to prevent, mitigate the adverse effects of and respond to disasters and climate change and, in that context, to ensure that the human rights of women and girls are respected, protected and fulfilled in accordance with international law. Three mutually reinforcing areas for action by stakeholders are identified, centring on the general principles of the Convention applicable to disaster risk and climate change, specific measures to address disaster risk reduction and climate change and specific areas of concern.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["II. Objective and scope"]},{"id":"cedaw-c-gc-37-0016","docId":"cedaw-c-gc-37","idx":16,"n":16,"text":"16. The Convention promotes and protects women’s human rights, and this should be understood to apply at all stages of climate change and disaster prevention, mitigation, response, recovery and adaptation. In addition to the Convention, several specific international frameworks govern disaster risk reduction, climate change mitigation and adaptation, humanitarian assistance and sustainable development, and a number of them also address gender equality. Those instruments should be read together with the provisions of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0017","docId":"cedaw-c-gc-37","idx":17,"n":17,"text":"17. In the Rio Declaration on Environment and Development, of 1993, and reiterated in the outcome document of the United Nations Conference on Sustainable Development, entitled “The future we want”, of 2012, the particularly vulnerable situation of small island developing States was acknowledged and the principle of gender equality and the need to ensure the effective participation of women and indigenous peoples in all initiatives relating to climate change were reaffirmed.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0018","docId":"cedaw-c-gc-37","idx":18,"n":18,"text":"18. In the Sendai Framework, it was emphasized that women and their participation were critical to effectively managing disaster risk and designing, resourcing and implementing gender-sensitive disaster risk reduction policies, plans and programmes, and that adequate capacity-building measures needed to be taken to empower women for preparedness, as well as to build their capacity to secure alternate livelihood means in post-disaster situations. Empowering women to publicly lead and promote gender-equitable and universally accessible response, recovery, rehabilitation and reconstruction approaches was also emphasized.[[fn:14]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":14,"text":"General Assembly resolution 69/283, annex II, paras. 36 (a) (i) and 32, respectively."}],"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0019","docId":"cedaw-c-gc-37","idx":19,"n":19,"text":"19. In the United Nations Framework Convention on Climate Change, States parties were called upon to take action on climate change on the basis of equity and in accordance with their common but differentiated responsibilities and capabilities. It was recognized that, although climate change affected everyone, countries who had contributed the least to greenhouse gas emissions, as well as people living in poverty, children and future generations, were the most affected. Climate equity required that, in global efforts to mitigate the adverse effects of and adapt to climate change, the needs of countries, groups and individuals, including women and girls, which were the most vulnerable to its adverse impacts, were prioritized.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0020","docId":"cedaw-c-gc-37","idx":20,"n":20,"text":"20. In 2014, the Conference of the Parties to the United Nations Framework Convention on Climate Change adopted decision 18/CP.20, entitled “Lima work programme on gender”, in which it established a plan for promoting gender balance and achieving gender-responsive climate policies developed for the purpose of guiding the effective participation of women in the bodies established under the Convention. In 2017, the Conference of the Parties adopted decision 3/CP.23, entitled “Establishment of a gender action plan”, in which it agreed to advance the full, equal and meaningful participation of women and promote gender-responsive climate policy and the mainstreaming of a gender perspective into all elements of climate action.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0021","docId":"cedaw-c-gc-37","idx":21,"n":21,"text":"21. In the Paris Agreement under the United Nations Framework Convention on Climate Change, the Conference of the Parties noted that Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, the empowerment of women and intergenerational equity. They also acknowledged that adaptation, including capacity-building for mitigation and adaptation action, should be gender-responsive, participatory and fully transparent, taking into consideration vulnerable groups, communities and ecosystems.","labels":["Indigenous peoples","Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0022","docId":"cedaw-c-gc-37","idx":22,"n":22,"text":"22. The Sustainable Development Goals contain important targets on gender equality, including those in Goals 3–6 and 10, and on climate change and disaster risk reduction, in Goals 11 and 13.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0023","docId":"cedaw-c-gc-37","idx":23,"n":23,"text":"23. At the third International Conference on Financing for Development, held in Addis Ababa in 2015, participants adopted documents that link gender equality and women’s rights with climate change adaptation and disaster risk reduction and called upon States to integrate those issues into development financing.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0024","docId":"cedaw-c-gc-37","idx":24,"n":24,"text":"24. Participants in the World Humanitarian Summit, in 2016, called for gender equality, the empowerment of women and women’s rights to become pillars of humanitarian action, including in disaster preparedness and response. Also in 2016, in the New Urban Agenda, the participants in the United Nations Conference on Housing and Sustainable Urban Development (Habitat III) recognized the need for gender-responsive measures to ensure that urban development was sustainable, resilient and contributed to climate change mitigation and adaptation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["III. Convention on the Elimination of All Forms of Discrimination against Women and other relevant international frameworks"]},{"id":"cedaw-c-gc-37-0025","docId":"cedaw-c-gc-37","idx":25,"n":25,"text":"25. Several cross-cutting principles and provisions of the Convention are of crucial importance and should serve as guidance in the drafting of legislation, policies, plans of action, programmes, budgets and other measures relating to disaster risk reduction and climate change.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change"]},{"id":"cedaw-c-gc-37-0026","docId":"cedaw-c-gc-37","idx":26,"n":26,"text":"26. States parties should ensure that all policies, legislation, plans, programmes, budgets and other activities relating to disaster risk reduction and climate change are gender responsive and grounded in human rights-based principles, including the following:","labels":["Migrants","Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change"]},{"id":"cedaw-c-gc-37-0027","docId":"cedaw-c-gc-37","idx":27,"n":27,"text":"27. Those three general principles — equality and non-discrimination, participation and empowerment, accountability and access to justice — are fundamental to ensuring that all interventions relating to disaster risk reduction in the context of climate change are implemented in accordance with the Convention.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change"]},{"id":"cedaw-c-gc-37-0028","docId":"cedaw-c-gc-37","idx":28,"n":28,"text":"28. States parties have obligations under article 2 of the Convention to take targeted and specific measures to guarantee equality between women and men, including the adoption of participatory and gender-responsive policies, strategies and programmes relating to disaster risk reduction and climate change, across all sectors. Article 2 identifies the specific, core obligations of States parties to ensure substantive equality between women and men in all areas covered by the Convention and to take legislative, policy-based and other measures to that effect.[[fn:15]] The obligation to take all appropriate measures, including with regard to legislation, in all fields, to guarantee the full development and advancement of women on a basis of equality with men, is further expanded in articles 3 and 24 of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":15,"text":"See general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention."}],"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","A. Substantive equality and non-discrimination"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"24","source":"regex"}]},{"id":"cedaw-c-gc-37-0029","docId":"cedaw-c-gc-37","idx":29,"n":29,"text":"29. Intersecting forms of discrimination may limit the access of particular groups of women to the information, political power, resources and assets that would help them to mitigate the adverse effects of disasters and climate change. In its general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, as well as in general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, general recommendation No. 33 (2015) on women’s access to justice, general recommendation No. 34 (2016) on the rights of rural women, general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, and general recommendation No. 36 (2017) on the right of girls and women to education, the Committee reiterated that discrimination against women was inextricably linked to other factors that affected their lives.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","A. Substantive equality and non-discrimination"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-37-0030","docId":"cedaw-c-gc-37","idx":30,"n":30,"text":"30. The present general recommendation does not contain an exhaustive list of every group of right holders for which respect of their rights must be integrated into laws, policies, programmes and strategies on disaster risk reduction and climate change. The principles of non-discrimination and substantive equality, which form the foundation of the Convention, require that States parties take all measures necessary to ensure that direct and indirect discrimination, as well as intersecting forms of discrimination, are redressed. Specific measures, including temporary special measures, legislation that prohibits intersecting forms of discrimination and resource allocation, are necessary to ensure that all women and girls are able to participate in the development, implementation and monitoring of policies and plans relating to climate change and disasters.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","A. Substantive equality and non-discrimination"]},{"id":"cedaw-c-gc-37-0031","docId":"cedaw-c-gc-37","idx":31,"n":31,"text":"31. As outlined in general recommendation No. 28, States parties have obligations to respect, protect and fulfil the principle of non-discrimination towards all women, against all forms of discrimination, in all areas, even those not explicitly mentioned in the Convention, and to ensure the equal development and advancement of women in all areas. To ensure substantive equality between women and men in the context of disaster risk reduction and climate change, States parties should take specific, targeted and measurable steps:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","A. Substantive equality and non-discrimination"]},{"id":"cedaw-c-gc-37-0032","docId":"cedaw-c-gc-37","idx":32,"n":32,"text":"32. The participation of diverse groups of women and girls, and the development of their leadership capacity, at various levels of government and within local communities is essential to ensuring that the prevention of and response to disasters and the adverse effects of climate change are effective and incorporate perspectives from all sectors of society. Promoting the participation of girls and young women in the creation, development, implementation and monitoring of policies and plans relating to climate change and disaster risk reduction is essential, because those groups are often overlooked, even though they will experience the impacts of those phenomena throughout their lifetimes.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","B. Participation and empowerment"]},{"id":"cedaw-c-gc-37-0033","docId":"cedaw-c-gc-37","idx":33,"n":33,"text":"33. Women make significant contributions to household, local, national, regional and international economies and to environmental management, disaster risk reduction and climate change resilience at various levels. At the local level, the traditional knowledge held by women in agricultural regions is particularly important in that respect, because those women are well positioned to observe changes in the environment and respond to them through adaptive practices in crop selection, planting, harvesting, land conservation techniques and careful management of water resources.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","B. Participation and empowerment"]},{"id":"cedaw-c-gc-37-0034","docId":"cedaw-c-gc-37","idx":34,"n":34,"text":"34. The Intergovernmental Panel on Climate Change has noted that most local communities develop adaptation practices that could and should be identified and followed, in order to tailor effective adaptation and response strategies relating to disaster risk reduction and climate change.[[fn:16]] In the Paris Agreement, the Conference of the Parties acknowledged that climate change adaptation should be guided by the best available science and, as appropriate, by traditional, indigenous and local knowledge systems, a view that aligns with the many provisions in the Convention, including articles 7, 8 and 14, that provide that States parties should ensure that all women are provided with meaningful opportunities to participate in political decision-making and development planning.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":16,"text":"Intergovernmental Panel on Climate Change, Climate Change 2007: Synthesis Report–Contribution of Working Groups I, II and III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Geneva, 2007)."}],"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","B. Participation and empowerment"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-37-0035","docId":"cedaw-c-gc-37","idx":35,"n":35,"text":"35. Articles 7 and 8 of the Convention provide that women should have equality in political and public life at the local, national and international levels, and article 14 reiterates that rural women have the right to participate in development planning and agricultural reform activities. That guarantee of political equality encompasses leadership by women and the representation and participation of women, which are components that are essential to the development and implementation of effective programmes and policies relating to disaster risk reduction and climate change that take into account the needs of the population, in particular those of women.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","B. Participation and empowerment"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-37-0036","docId":"cedaw-c-gc-37","idx":36,"n":36,"text":"36. To ensure that women and girls are provided with equal opportunities to lead and to participate and engage in decision-making in activities relating to disaster risk reduction and climate change, the Committee recommends that States parties:","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[],"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","B. Participation and empowerment"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-37-0037","docId":"cedaw-c-gc-37","idx":37,"n":37,"text":"37. In line with article 15 (1) of the Convention, women should be accorded equality before the law, which is extremely important in situations of disaster and in the context of climate change, given that women, who often face barriers to gaining access to justice, may encounter significant difficulties in claiming compensation and other forms of reparation to mitigate their losses and to adapt to climate change. The recognition of the legal capacity of women as identical to that of men and equal between groups of women, including women with disabilities and indigenous women, as well as their equal access to justice, are essential elements of disaster and climate change policies and strategies.[[fn:18]]","labels":["Indigenous peoples","Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":18,"text":"See also general recommendation No. 33 (2015) on women’s access to justice."}],"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","C. Accountability and access to justice"],"citedArticles":[{"treaty":"CEDAW","article":"15","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-37-0038","docId":"cedaw-c-gc-37","idx":38,"n":38,"text":"38. States parties should ensure that legal frameworks are non-discriminatory and that all women have effective access to justice, in line with general recommendation No. 33, including by:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["IV. General principles of the Convention applicable to disaster risk reduction and climate change","C. Accountability and access to justice"]},{"id":"cedaw-c-gc-37-0039","docId":"cedaw-c-gc-37","idx":39,"n":39,"text":"39. The gender-related dimensions of disaster risk reduction and the impacts of climate change are often not well understood. Limited technical capacity at the national and local levels has resulted in a lack of data disaggregated by sex, age, disability, ethnicity and geographical location, which continues to impede the development of appropriate and targeted strategies for disaster risk reduction and climate change response.","labels":["Persons with disabilities","Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","A. Assessment and data collection"]},{"id":"cedaw-c-gc-37-0040","docId":"cedaw-c-gc-37","idx":40,"n":40,"text":"40. States parties should: (a) Establish or identify existing national and local mechanisms to collect, analyse and manage, and for the application of, data disaggregated by sex, age, disability, ethnicity and region. Such data should be made publicly available and used to inform gender-responsive national and regional disaster risk reduction and climate resilience legislation, policies, programmes and budgets; (b) Develop, on the basis of disaggregated data, specific and gender-responsive indicators and monitoring mechanisms to enable States parties to establish baselines and measure progress in areas such as the participation of women in initiatives relating to disaster risk reduction and climate change and in political, economic and social institutions. Integration with and coordination in the implementation of other existing frameworks, such as the United Nations Framework Convention on Climate Change, the 2030 Agenda for Sustainable Development and the Sendai Framework, are essential to ensuring a consistent and effective approach; (c) Empower, build the capacity of and provide resources to, if necessary through donor support, the national institutions responsible for collecting, consolidating and analysing disaggregated data, across all relevant sectors, such as economic planning, disaster risk management, planning and monitoring of implementation of the Sustainable Development Goals, including at the local level; (d) Incorporate climate information into disaster planning and decision-making at the subnational and national levels by ensuring that diverse groups of women are consulted as valuable sources of community knowledge on climate change.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","A. Assessment and data collection"]},{"id":"cedaw-c-gc-37-0041","docId":"cedaw-c-gc-37","idx":41,"n":41,"text":"41. It is only recently that concerted efforts have been made to coordinate policies on gender equality, disaster risk reduction, climate change and sustainable development. While certain policy documents, such as the 2030 Agenda and the Sustainable Development Goals, integrate those objectives into their frameworks for implementation, much remains to be done at the national, regional and international levels to align policies. Programmes of action, budgets and strategies should be coordinated across sectors, including trade, development, energy, environment, water, climate science, agriculture, education, health and planning, and at levels of government, including local and subnational, national, regional and international, in order to ensure an effective and human rights-based approach to disaster risk reduction and climate change mitigation and adaptation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","B. Policy coherence"]},{"id":"cedaw-c-gc-37-0042","docId":"cedaw-c-gc-37","idx":42,"n":42,"text":"States parties should: (a) Engage in a comprehensive audit of policies and programmes across sectors and areas, including climate, trade and investment, environment and planning, water, food, agriculture, technology, social protection, education and employment, in order to identify the degree of integration of a gender equality perspective and any inconsistencies, with a view to reinforcing efforts aimed at disaster risk reduction and climate change mitigation and adaptation; (b) Improve coordination between sectors, including those involved in disaster risk management, climate change, gender equality, health care, education, social protection, agriculture, environmental protection and urban planning, through such measures as the adoption of integrated national strategies and plans relating to disaster risk reduction and climate change that explicitly integrate a gender equality perspective into their approaches; (c) Undertake gender impact assessments during the design, implementation and monitoring phases of plans and policies relating to disaster risk reduction and climate change; (d) Develop, compile and share practical tools, information and best practices and methodologies for the effective integration of a gender equality perspective into legislation, policies and programmes in all sectors relevant to disaster risk reduction and climate change; (e) Promote and strengthen the vital role played by subnational governments in disaster risk reduction, service provision, emergency response, land-use planning and climate change. To that end, adequate budgets should be allocated and mechanisms developed to monitor the implementation of legislation and policies at the subnational level.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","B. Policy coherence"]},{"id":"cedaw-c-gc-37-0043","docId":"cedaw-c-gc-37","idx":43,"n":43,"text":"43. States parties have obligations both within and outside their territories to ensure the full implementation of the Convention, including in the areas of disaster risk reduction and climate change mitigation and adaptation. Measures such as limiting fossil fuel use, reducing transboundary pollution and greenhouse gas emissions and promoting the transition to renewable energy sources are regarded as crucial steps in mitigating climate change and the negative human rights impacts of the adverse effects of climate change and disasters globally. In its resolutions 26/27 and 29/15, the Human Rights Council noted that the global nature of climate change called for the widest possible cooperation by all countries and their participation in an effective and appropriate international response.[[fn:19]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":19,"text":"In his 2016 report (A/HRC/31/52, footnote 27), the Special Rapporteur on human rights and the environment noted that “the failure of States to effectively address climate change through international cooperation would prevent individual States from meeting their duties under human rights law to protect and fulfil the human rights of those within their own jurisdiction”."}],"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","C. Extraterritorial obligations, international cooperation and resource allocation"]},{"id":"cedaw-c-gc-37-0044","docId":"cedaw-c-gc-37","idx":44,"n":44,"text":"44. There is currently an insufficient level of resources being dedicated to addressing the underlying structural causes of gender inequality that increase the exposure of women to disaster risk and the effects of climate change and to developing gender-responsive programmes in those areas. Low-income, climate-vulnerable countries face particular challenges in developing, implementing and monitoring gender-responsive disaster risk reduction and climate change prevention, mitigation and adaptation policies and programmes, as well as in promoting access to affordable technology, owing to the limited availability of national public financing and development assistance.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","C. Extraterritorial obligations, international cooperation and resource allocation"]},{"id":"cedaw-c-gc-37-0045","docId":"cedaw-c-gc-37","idx":45,"n":45,"text":"45. In accordance with the Convention and other international human rights instruments, an adequate and effective allocation of financial and technical resources for gender-responsive disaster and climate change prevention, mitigation and adaptation must be ensured through both national budgets and international cooperation. Any steps taken by States parties to prevent, mitigate and respond to climate change and disasters within their own jurisdictions or extraterritorially must be firmly grounded in the human rights principles of substantive equality and nondiscrimination, participation and empowerment, accountability and access to justice, transparency and the rule of law.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","C. Extraterritorial obligations, international cooperation and resource allocation"]},{"id":"cedaw-c-gc-37-0046","docId":"cedaw-c-gc-37","idx":46,"n":46,"text":"46. States parties, separately and in cooperation with others, should:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","C. Extraterritorial obligations, international cooperation and resource allocation"]},{"id":"cedaw-c-gc-37-0047","docId":"cedaw-c-gc-37","idx":47,"n":47,"text":"47. The private sector and civil society organizations can play an important role in disaster risk reduction, climate resilience and the promotion of gender equality, at the national level and when operating transnationally. The development of public-private partnerships is promoted through a number of mechanisms, including in the context of the 2030 Agenda. Such partnerships may provide the financial and technical resources necessary to enable the creation of new infrastructure for disaster risk reduction and climate-resilient livelihoods.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","D. Non-State actors and extraterritorial obligations"]},{"id":"cedaw-c-gc-37-0048","docId":"cedaw-c-gc-37","idx":48,"n":48,"text":"48. In the United Nations Guiding Principles on Business and Human Rights, it is stipulated that businesses have a direct responsibility to respect and protect human rights, to act with due diligence to prevent human rights violations and to provide effective remedies for human rights violations connected to their operations. To ensure that private sector activities in the fields of disaster risk reduction and climate change respect and protect women’s human rights, they must guarantee accountability and be participatory, gender-responsive and subject to regular human rights-based monitoring and evaluation.","labels":["Women/girls","Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","D. Non-State actors and extraterritorial obligations"]},{"id":"cedaw-c-gc-37-0049","docId":"cedaw-c-gc-37","idx":49,"n":49,"text":"49. States parties should regulate the activities of non-State actors within their jurisdiction, including when they operate extraterritorially. General recommendation No. 28 reaffirms the requirement under article 2 (e) to eliminate discrimination by any public or private actor, which extends to acts of national corporations operating extraterritorially.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","D. Non-State actors and extraterritorial obligations"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-37-0050","docId":"cedaw-c-gc-37","idx":50,"n":50,"text":"50. Civil society organizations operating locally and internationally, sometimes in partnership with government authorities and the private sector, also have responsibilities to ensure that their activities in the fields of climate change and disaster risk reduction and management do no harm to local populations, and those organizations should take steps to minimize the harm that they may inadvertently be causing simply by being present and providing assistance.[[fn:20]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":20,"text":"See A/HRC/28/76, paras. 40 (g), 99 and 104."}],"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","D. Non-State actors and extraterritorial obligations"]},{"id":"cedaw-c-gc-37-0051","docId":"cedaw-c-gc-37","idx":51,"n":51,"text":"51. In relation to non-State actors, States parties should:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","D. Non-State actors and extraterritorial obligations"]},{"id":"cedaw-c-gc-37-0052","docId":"cedaw-c-gc-37","idx":52,"n":52,"text":"52. A lack of active participation by women in programmes relating to disaster risk reduction and climate change, in particular at the local level, impedes progress towards the implementation of gender equality commitments and the development of coordinated and effective policies and strategies for disaster risk reduction and climate resilience. Measures should be taken to build the capacity and capabilities of women, women’s rights organizations and State entities to participate in gender-responsive disaster risk and climate assessments at the local, national, regional and international levels.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","E. Capacity development and access to technology"]},{"id":"cedaw-c-gc-37-0053","docId":"cedaw-c-gc-37","idx":53,"n":53,"text":"53. In its statement on gender and climate change, the Committee noted that policies that supported gender equality in access to and use and control of science and technology and formal and informal education and training would enhance a nation’s capability in the areas of disaster reduction, mitigation and adaptation to climate change (A/65/38, part one, annex II). Too often, however, women have been unable to gain access to technology, training opportunities and information, owing to gender-based inequalities.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","E. Capacity development and access to technology"]},{"id":"cedaw-c-gc-37-0054","docId":"cedaw-c-gc-37","idx":54,"n":54,"text":"States parties should: (a) Increase the participation of women in the development of plans relating to disaster risk reduction and climate change, by supporting their technical capacity and providing adequate resources for that purpose; (b) Institutionalize leadership by women at all levels in disaster prevention, preparedness, including the development and dissemination of early warning systems, response and recovery and climate change mitigation and adaptation; (c) Ensure that early warning information is provided using technology that is modern, culturally appropriate, accessible and inclusive, taking into account the needs of diverse groups of women. In particular, the extension of Internet and mobile telephone coverage, as well as other reliable and cost-effective communications technology such as radios, and the accessibility of that technology for all women, including women belonging to indigenous and minority groups, older women and women with disabilities, should be actively promoted within the context of programmes relating to disaster risk reduction and climate change; (d) Ensure that women have access to technology for preventing and mitigating the adverse effects of disasters and climate change on crops, livestock, homes and businesses and that they can use and economically benefit from climate change adaptation and mitigation technology, including that relating to renewable energy and sustainable agricultural production; (e) Promote the understanding, application and use of the traditional knowledge and skills of women in disaster risk reduction and response and climate change mitigation and adaptation; (f) Promote and facilitate contributions by women to the conceptualization, development and use of disaster risk reduction and climate science technology.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["V. Specific principles of the Convention relevant to disaster risk reduction and climate change","E. Capacity development and access to technology"]},{"id":"cedaw-c-gc-37-0055","docId":"cedaw-c-gc-37","idx":55,"n":55,"text":"55. In its general recommendation No. 35, the Committee noted that gender-based violence against women was one of the fundamental social, political and economic means by which the subordinate position of women with respect to men and their stereotyped roles were perpetuated. It also highlighted situations of disaster and the degradation and destruction of natural resources as factors that affected and exacerbated gender-based violence against women and girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","A. Right to live free from gender-based violence against women and girls"]},{"id":"cedaw-c-gc-37-0056","docId":"cedaw-c-gc-37","idx":56,"n":56,"text":"56. The Committee has also observed that sexual violence is common in humanitarian crises and may become acute in the wake of a national disaster. In a time of heightened stress, lawlessness and homelessness, women face an increased threat of violence (A/65/38, part two, annex II, para. 6).[[fn:21]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":21,"text":"See also general commendation No. 19 (1992) on violence against women and general recommendation No. 35 (2017) on gender-based violence against women, updating general commendation No. 19, para. 14."}],"section":["VI. Specific areas of concern","A. Right to live free from gender-based violence against women and girls"]},{"id":"cedaw-c-gc-37-0057","docId":"cedaw-c-gc-37","idx":57,"n":57,"text":"57. In accordance with the Convention and general recommendation No. 35, States parties should:","labels":["Indigenous peoples","Women/girls","Children","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","A. Right to live free from gender-based violence against women and girls"]},{"id":"cedaw-c-gc-37-0058","docId":"cedaw-c-gc-37","idx":58,"n":58,"text":"58. Article 10 of the Convention concerns the elimination of discrimination in education.[[fn:22]] Education improves the capacity of women to participate within their households, families, communities and businesses and to identify the means to reduce disaster risk, mitigate climate change, develop more effective recovery strategies and thus build more resilient communities. Education also increases access to opportunities, resources, technology and information that aids in disaster risk reduction and the development of effective policies relating to climate change. The prevention and mitigation of disasters and climate change require well-trained women and men in disciplines including economics, agriculture, water resources management, climatology, engineering, law, telecommunications and emergency services.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":22,"text":"See general recommendation No. 36 (2017) on the right of girls and women to education."}],"section":["VI. Specific areas of concern","B. Rights to education and to information"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-37-0059","docId":"cedaw-c-gc-37","idx":59,"n":59,"text":"59. In the aftermath of disasters, girls and women, whose access to education is often already limited as a result of social, cultural and economic barriers, may face even greater obstacles to participation in education, owing to the destruction of infrastructure, lack of teachers and other resources, economic hardship and security concerns.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","B. Rights to education and to information"]},{"id":"cedaw-c-gc-37-0060","docId":"cedaw-c-gc-37","idx":60,"n":60,"text":"60. In accordance with article 10 of the Convention and general recommendation No. 36, States parties should:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","B. Rights to education and to information"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-37-0061","docId":"cedaw-c-gc-37","idx":61,"n":61,"text":"61. Disasters and climate change directly affect women, in particular those living in poverty, by having an impact on their livelihoods. Economic inequalities between women and men are entrenched and reinforced through discrimination, including restrictions on ownership and control of land and property, unequal remuneration, the concentration of women in precarious, informal and unstable employment, sexual harassment and other forms of workplace violence, pregnancy-related discrimination in employment, gendered divisions of household labour and the undervaluing of the contributions of women in domestic, community and care work, as well as workplace discrimination including labour and sexual exploitation, land grabs and environmental destruction by abusive extractive industries and due to unregulated industrial and/or agro-industrial activities. All such gender-based discrimination limits the capacity of women to prevent and adapt to the harm generated by disasters and climate change.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","C. Rights to work and to social protection"]},{"id":"cedaw-c-gc-37-0062","docId":"cedaw-c-gc-37","idx":62,"n":62,"text":"62. The burden of caregiving and domestic work often increases for women following disasters. The destruction of food stocks, housing and infrastructure such as water and energy supplies and an absence of social protection systems and health-care services all have specific consequences for women and girls. The result of such gendered inequalities is the increased vulnerability and mortality levels among women and girls, and they are frequently left with less time to engage in economic activities or to gain access to the resources, including information and education, necessary for recovery and adaptation.[[fn:23]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":23,"text":"See, for example, A/55/38, para. 339."}],"section":["VI. Specific areas of concern","C. Rights to work and to social protection"]},{"id":"cedaw-c-gc-37-0063","docId":"cedaw-c-gc-37","idx":63,"n":63,"text":"63. Social and legal inequalities further restrict the ability of women to move to safer, less disaster-prone areas and may limit women’s rights to access to financial services, credit, social security benefits and secure tenure of land and other productive resources.[[fn:24]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":24,"text":"See general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution and general recommendation No. 34 (2016) on the rights of rural women."}],"section":["VI. Specific areas of concern","C. Rights to work and to social protection"]},{"id":"cedaw-c-gc-37-0064","docId":"cedaw-c-gc-37","idx":64,"n":64,"text":"States parties should: (a) Invest in gender-responsive social protection systems and social services that reduce economic inequalities between women and men and enable women to mitigate disaster risk and adapt to the adverse effects of climate change. Eligibility criteria for social protection schemes should be closely monitored to ensure that they are accessible to all groups of women, including women heads of household, unmarried women, internally displaced, migrant and refugee women and women with disabilities; (b) Ensure the resilience to disasters of workplaces and critical infrastructure, including nuclear reactors and plants, through regular inspections and the adoption of building safety codes and other systems to guarantee that such infrastructure, in particular that which is necessary for income-generating and domestic activities, is rendered operational as expeditiously as possible following disasters; (c) Guarantee women’s equal right to decent and sustainable employment opportunities, as provided for in article 11 of the Convention, and apply that right in the context of disaster prevention, management and recovery and in connection with climate change adaptation in both urban and rural areas; (d) Facilitate equal access for women to markets, financial services, credit and insurance schemes and regulate the informal economy to ensure that women are able to claim pensions and other employment-related social security entitlements; (e) Acknowledge and address the unequal burden of the unpaid and care work performed by women, including within disaster and climate policies. Policies and programmes should be developed to assess, reduce and redistribute the gendered burden of care tasks, such as awareness-raising programmes on the equal sharing of domestic work and unpaid care work, the introduction of time-saving measures and the inclusion of appropriate technology, services and infrastructure; (f) Protect and promote women’s right to access to training in non-traditional areas of work, including within the green economy, and sustainable livelihoods, which would enable them to design, participate in, manage and monitor disaster and climate change prevention, preparedness, mitigation and adaptation initiatives and better equip them to benefit from such interventions.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","C. Rights to work and to social protection"],"citedArticles":[{"treaty":"CEDAW","article":"11","source":"regex"}]},{"id":"cedaw-c-gc-37-0065","docId":"cedaw-c-gc-37","idx":65,"n":65,"text":"65. Under article 12 of the Convention, States parties are to guarantee substantive equality between women and men in the provision of health-care services, including sexual and reproductive health services and mental and psychological health services. The measures that States parties must take, under article 12, in order to respect, protect and fulfil the right to health for all women are detailed in the Committee’s general recommendation No. 24 (1999) on women and health. Health services and systems, including sexual and reproductive health services, should be available, accessible, acceptable and of good quality, even in the context of disasters.[[fn:25]] To that end, measures should be taken to ensure that gender-responsive climate change and disaster resilience policies, budgets and monitoring activities are fully integrated into health services and systems.[[fn:26]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":25,"text":"WHO, “Gender inequities in environmental health”, EUR/5067874/151 (2008)."},{"n":26,"text":"Intergovernmental Panel on Climate Change, Climate Change 2014: Impacts, Adaptation, and Vulnerability–Part A: Global and Sectoral Aspects, Working Group II Contribution to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (New York, Cambridge University Press, 2014), p. 733."}],"section":["VI. Specific areas of concern","D. Right to health"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"cedaw-c-gc-37-0066","docId":"cedaw-c-gc-37","idx":66,"n":66,"text":"66. Climate change and disasters, including pandemics, influence the prevalence, distribution and severity of new and re-emerging diseases. The susceptibility of women and girls to disease is heightened as a result of inequalities in access to food, nutrition and health care and the social expectations that women will act as primary caregivers for children, older persons and the sick.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","D. Right to health"]},{"id":"cedaw-c-gc-37-0067","docId":"cedaw-c-gc-37","idx":67,"n":67,"text":"67. States parties should ensure that detailed policies and budget allocations are made to promote, protect and fulfil women’s right to health, including sexual and reproductive health and comprehensive, age-appropriate sexuality education, mental and psychological health, hygiene and sanitation. Provisions for antenatal and postnatal care, such as emergency obstetric care and support for breastfeeding, should form part of strategies, plans and programmes relating to climate change and disasters.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","D. Right to health"]},{"id":"cedaw-c-gc-37-0068","docId":"cedaw-c-gc-37","idx":68,"n":68,"text":"68. In particular, States parties should:","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities","LGBTI+","Persons living with HIV/AIDS"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","D. Right to health"]},{"id":"cedaw-c-gc-37-0069","docId":"cedaw-c-gc-37","idx":69,"n":69,"text":"69. The impacts of climate change are already being experienced in many areas, in connection with decreased food security, land degradation and more limited availability of water and other natural resources. There is evidence that the effects of food, land and water insecurity are not gender-neutral and that women are more likely to suffer from undernourishment and malnutrition in times of food scarcity.[[fn:27]] It has also been shown that women and girls, who are those with the primary responsibility for growing, gathering and preparing food and collecting fuel and water in many societies, are disproportionately affected by a lack of available, affordable, safe and accessible drinking water and fuel sources. The additional burden placed on women and girls by such climate-related resource scarcity drains time, causes physical hardship, increases exposure to the risk of violence and increases stress.[[fn:28]]","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":27,"text":"See, for example, CEDAW/C/NPL/CO/4–5."},{"n":28,"text":"WHO, “Gender, climate change and health”."}],"section":["VI. Specific areas of concern","E. Right to an adequate standard of living","Food, land, housing, water and sanitation"]},{"id":"cedaw-c-gc-37-0070","docId":"cedaw-c-gc-37","idx":70,"n":70,"text":"70. Women, in particular rural and indigenous women, are directly affected by disasters and climate change, as food producers and as agricultural workers because they make up the majority of the world’s smallholder and subsistence farmers and a significant proportion of farmworkers. As a result of discriminatory laws and social norms, women have limited access to secure land tenure, and the farmland that they are allotted tends to be of inferior quality and more prone to flooding, erosion or other adverse climatic events. Owing to the increasing rate of out-migration among men in climate change-affected areas, women are left with the sole responsibility for farming, yet they do not possess the legal and socially recognized land ownership necessary to adapt to the changing climatic conditions effectively. Women are also indirectly affected by the impacts of weather-related events on the price of foodstuffs.","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","E. Right to an adequate standard of living","Food, land, housing, water and sanitation"]},{"id":"cedaw-c-gc-37-0071","docId":"cedaw-c-gc-37","idx":71,"n":71,"text":"71. Articles 12 and 14 of the Convention contain specific guarantees on nutrition and the equal participation of women in decision-making about food production and consumption. In addition, the core obligations of States parties to eliminate discrimination, outlined in article 2, to modify cultural patterns of behaviour based on discriminatory stereotypes, in article 5 (a), to ensure equality before the law, in article 15, and to guarantee equality within marriage and family relations, in article 16, are of central importance to addressing women’s rights to land and productive resources, which are vital to ensuring the right to food and sustainable livelihoods.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","E. Right to an adequate standard of living","Food, land, housing, water and sanitation"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-37-0072","docId":"cedaw-c-gc-37","idx":72,"n":72,"text":"States parties should: (a) Promote and protect women’s equal rights to food, housing, sanitation, land and natural resources, including adequate drinking water, water for domestic use and for food production, and take positive measures to guarantee the availability and accessibility of those rights, even during times of scarcity. Particular attention should be paid to ensuring that women living in poverty, in particular those in informal settlements in both urban and rural areas, have access to adequate housing, drinking water, sanitation and food, especially in the context of disasters and climate change; (b) Increase resilience to the impacts of disasters and climate change among women by identifying and supporting livelihoods that are sustainable and empowering, and develop gender-responsive services, including extension services to assist women farmers, that enable women to gain access to and benefit from those livelihoods; (c) Develop participatory, gender-responsive development plans and policies that integrate a human rights-based approach, in order to guarantee sustainable access to adequate housing, food, water and sanitation. Priority should be given to ensuring the accessibility of services for all women; (d) Adopt legislation, programmes and policies and allocate budgets to eliminate homelessness and to ensure that adequate and disaster resilient housing is available and accessible to all women, including those with disabilities. Measures must be taken to protect women against forced eviction and to ensure that public housing and rental assistance schemes accord priority and respond to the specific needs of groups of women.","labels":["Women/girls","Persons in street situations","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","E. Right to an adequate standard of living","Food, land, housing, water and sanitation"]},{"id":"cedaw-c-gc-37-0073","docId":"cedaw-c-gc-37","idx":73,"n":73,"text":"73. The increasing frequency and intensity of extreme weather events and environmental degradation resulting from climate change are likely to lead to significant population displacement both within countries and across borders.[[fn:29]]","labels":["Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":29,"text":"United Nations Entity for Gender Equality and the Empowerment of Women, “Addressing gender dimensions in large-scale movements of refugees and migrants”, joint statement by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Committee on the Elimination of Discrimination against Women, the United Nations Entity for Gender Equality and the Empowerment of Women and the Office of the United Nations High Commissioner for Human Rights, 19 September 2016."}],"section":["VI. Specific areas of concern","F. Right to freedom of movement"]},{"id":"cedaw-c-gc-37-0074","docId":"cedaw-c-gc-37","idx":74,"n":74,"text":"74. The Committee and many other international human rights bodies, including the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, have recognized that disasters and climate change are among the push factors for migration, in particular among women.[[fn:30]] In several regions, climate change and disasters are contributing to an increase in the migration of women, on their own, into sectors of work done predominantly by women, for the purposes of supporting family members who no longer have local livelihood opportunities.","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"footnotes":[{"n":30,"text":"Ibid. See also general recommendation No. 26 (2008) on women migrant workers."}],"section":["VI. Specific areas of concern","F. Right to freedom of movement"]},{"id":"cedaw-c-gc-37-0075","docId":"cedaw-c-gc-37","idx":75,"n":75,"text":"75. Women migrants face a heightened risk of gender-based violence, including trafficking in persons, and other forms of discrimination in transit, in camps, at borders and in destination countries. Women may also face specific human rights violations during migration and at their destination, owing to a lack of adequate sexual, reproductive and mental health services and discrimination in gaining access to employment, social security, education, housing, legal documents such as birth or marriage certificates, and justice. Migrant women and girls are frequently subject to intersecting forms of discrimination. Women who migrate may also be vulnerable to the impacts of climate change in destination areas, in particular in urban centres in developing countries.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","F. Right to freedom of movement"]},{"id":"cedaw-c-gc-37-0076","docId":"cedaw-c-gc-37","idx":76,"n":76,"text":"76. In many contexts, however, women are impeded from leaving regions that are at high risk of disaster or migrating to re-establish their lives in the wake of extreme climatic events.[[fn:31]] Gender-based stereotypes, household responsibilities, discriminatory laws, lack of economic resources and limited access to social capital frequently restrict the ability of women to migrate.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","F. Right to freedom of movement"],"footnotes":[{"n":31,"text":"Asian Development Bank, Gender Equality and Food Security: Women’s Empowerment as a Tool against Hunger (Mandaluyong City, Philippines, 2013), p. 12."}]},{"id":"cedaw-c-gc-37-0077","docId":"cedaw-c-gc-37","idx":77,"n":77,"text":"77. Women who are left behind when male family members migrate may also find themselves having to take on non-traditional economic and community leadership tasks for which they have had little preparation or training, such as when disasters occur and women must assume primary responsibility for coordinating mitigation, recovery and adaptation efforts.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","F. Right to freedom of movement"]},{"id":"cedaw-c-gc-37-0078","docId":"cedaw-c-gc-37","idx":78,"n":78,"text":"78. In accordance with the Convention and general recommendation No. 26 (2008) on women migrant workers and general recommendation No. 32, States parties should:","labels":["Migrants","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VI. Specific areas of concern","F. Right to freedom of movement"]},{"id":"cedaw-c-gc-37-0079","docId":"cedaw-c-gc-37","idx":79,"n":79,"text":"79. To effectively prevent and mitigate the impacts of disasters and climate change, States parties and other stakeholders should take measurable and targeted steps to collect, analyse and disseminate information and data concerning the development of strategies, policies and programmes designed to address gender inequalities, reduce disaster risk and increase resilience to the adverse effects of climate change.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VII. Dissemination and reporting"]},{"id":"cedaw-c-gc-37-0080","docId":"cedaw-c-gc-37","idx":80,"n":80,"text":"80. Cooperative networks between civil society organizations working in the field of gender equality and those working in humanitarian assistance, disaster risk reduction and climate change should be established and should include national human rights institutions, government agencies at all levels and international organizations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VII. Dissemination and reporting"]},{"id":"cedaw-c-gc-37-0081","docId":"cedaw-c-gc-37","idx":81,"n":81,"text":"81. To ensure that effective monitoring and reporting systems are established, States parties should:","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2018,"section":["VII. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0001","docId":"cedaw-c-gc-38","idx":1,"n":1,"text":"Article 6 of the Convention on the Elimination of All Forms of Discrimination against Women sets out the legal obligation of States parties to take all appropriate measures, including legislation, to suppress all forms of trafficking in women and exploitation of prostitution of women. Despite the plethora of existing legal and policy frameworks to combat trafficking at the national, regional and international levels, women and girls continue to comprise the majority of detected victims of trafficking across the world, and perpetrators enjoy widespread impunity.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-c-gc-38-0002","docId":"cedaw-c-gc-38","idx":2,"n":2,"text":"In the view of the Committee, the situation persists due to a lack of appreciation of the gender dimensions of trafficking overall and, in particular, of the trafficking of women and girls who are exposed to various types of exploitation, including sexual exploitation. A gender analysis of the crime reveals that its root causes lie in sex-based discrimination, including the failure to address the prevailing economic and patriarchal structures and the adverse and gender-differentiated impact of the labour, migration and asylum regimes of States parties that create the situations of vulnerability leading to women and girls being trafficked.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["I. Introduction"]},{"id":"cedaw-c-gc-38-0003","docId":"cedaw-c-gc-38","idx":3,"n":3,"text":"Globally dominant economic policies further exacerbate large-scale economic inequality between States and between individuals, which manifests as labour exploitation, including denial by corporations, public procurement officials and employers of an obligation to ensure that there are no trafficked persons in their supply or production chains. Globalized macroeconomic and political factors, including the privatization of public goods, deregulated labour markets, the shrinking of the welfare State, and austerity measures forming part of structural adjustment policies and as an aid conditionality, often exacerbate unemployment and poverty and produce economic injustices that have a disproportionate impact on women. Often accompanied by other economic policies, such as reduction in government spending on social services and the privatization of public goods and services, regressive tax shifts and labour market reforms all severely hamper States’ abilities to implement social policies that form the basis for dismantling structural inequalities, including gender inequalities and violations of women’s human rights in various spheres. Reduced social expenditure further shifts the responsibilities for basic social services from the Government to women. Those factors reinforce, and are perpetuated by, discriminatory cultural and social norms that engender the oppression of various groups of women.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["I. Introduction"]},{"id":"cedaw-c-gc-38-0004","docId":"cedaw-c-gc-38","idx":4,"n":4,"text":"Mandated under article 21 of the Convention to develop general recommendations with the aim of clarifying the obligation of States parties to combat discrimination against women and girls, the Committee advances that a life free from being trafficked must be recognized as a human right and appropriate conditions must be created for that right to be fully enjoyed by women and girls. States parties must pursue all appropriate means to eradicate trafficking and exploitation of prostitution to ensure that laws, systems, regulations and funding are in place to make the realization of that right effective, rather than illusory. The provisions of the Convention are mutually reinforcing so as to provide complete protection. The present general recommendation links article 6 of the Convention with all other articles of the Convention and the existing jurisprudence of the Committee.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["II. Objectives and scope"],"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"},{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-c-gc-38-0005","docId":"cedaw-c-gc-38","idx":5,"n":5,"text":"The present general recommendation contextualizes the implementation of the obligations of States parties to combat all forms of trafficking, as stipulated in article 6 of the Convention, in the context of global migration. Pathways of trafficking in persons often align with mixed migration flows. The Committee highlights the particular vulnerability of smuggled women and girls to being trafficked and underlines the conditions created by restrictive migration and asylum regimes that push migrants towards irregular pathways.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["II. Objectives and scope"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-c-gc-38-0006","docId":"cedaw-c-gc-38","idx":6,"n":6,"text":"In the present general recommendation, the Committee affirms that it is a priority duty of States, both individually and collectively, to prevent women and girls from exposure to the risk of being trafficked. States are also obliged to discourage the demand that fosters exploitation and leads to trafficking. It has set out practical guidance on implementing anti-trafficking interventions that are based on an approach incorporating a gender and intersectional perspective, with the focus placed on realizing the human rights of women and girls as a strategic priority for achieving sustainable development. It recalls the obligations of States parties under international law, including the jurisprudence of the Committee, to identify, assist and protect survivors of trafficking, to prevent their revictimization and to ensure their access to justice and the punishment of perpetrators.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-38-0007","docId":"cedaw-c-gc-38","idx":7,"n":7,"text":"The Committee acknowledges that the causes, consequences and experiences of trafficking differ for young girls, for adolescent girls and for adult women. It highlights the additional vulnerability of girls due to the intersecting characteristics of sex and age, recalling that children who are victims of trafficking are entitled to enhanced substantive and procedural protections under international law. The Committee encourages States parties to address the full spectrum of those differences, ensuring age-appropriate and child-centred anti-trafficking response measures, where appropriate.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-38-0008","docId":"cedaw-c-gc-38","idx":8,"n":8,"text":"Article 6 of the Convention is based on article 8 of the Declaration on the Elimination of Discrimination against Women, which provides that all appropriate measures, including legislation, be taken to combat all forms of trafficking in women and exploitation of prostitution of women. International law on the question was codified and developed in the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. This legal basis requires that article 6 be read as an indivisible provision, which links trafficking and sexual exploitation.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-c-gc-38-0009","docId":"cedaw-c-gc-38","idx":9,"n":9,"text":"While trafficking is defined as a criminal offence in international law, the primary obligation of States parties is to address trafficking in a way that respects, protects and fulfils the human rights of persons, in particular those belonging to marginalized groups, as set out in the core United Nations human rights treaties, drawing from the Universal Declaration of Human Rights. The Recommended Principles and Guidelines on Human Rights and Human Trafficking elaborated by the Office of the United Nations High Commissioner for Human Rights in 2002, and the commentary thereon elaborated in 2010, provide an important soft law framework for integrating a human rights-based approach into all anti-trafficking interventions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0010","docId":"cedaw-c-gc-38","idx":10,"n":10,"text":"The Committee affirms that discrimination against women and girls includes gender-based violence, the prohibition of which has evolved into a principle of customary international law. Recognizing the gender-specific nature of the various forms of trafficking in women and girls and their consequences, including with regard to harms suffered, the Committee acknowledges that trafficking and exploitation of prostitution in women and girls is unequivocally a phenomenon rooted in structural, sex-based discrimination, constituting gender-based violence, and is often exacerbated in the contexts of displacement, migration, the increased globalization of economic activities, including global supply chains, the extractive and offshore industries, increased militarism, foreign occupation, armed conflict, violent extremism and terrorism.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0011","docId":"cedaw-c-gc-38","idx":11,"n":11,"text":"11. The internationally accepted legal definition of trafficking in persons is set out in article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"],"citedArticles":[{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text attributes the trafficking definition to 'article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons...' — this is the Palermo Protocol to UNTOC, not in the permitted treaty codelist. Regex wrongly assigned CEDAW."}]},{"id":"cedaw-c-gc-38-0012","docId":"cedaw-c-gc-38","idx":12,"n":12,"text":"The Committee emphasizes that the realities of trafficking in women and girls extend beyond the scope of the Trafficking in Persons Protocol, such as in the recent trends and role of information and communications technology, social media and messaging applications in the recruitment of women and girls and their exploitation. It acknowledges that the definition of trafficking in persons extends beyond situations in which physical violence has been used or the victim has been deprived of personal liberty. Its examination of the reports of States parties has revealed that the abuse of a position of vulnerability and the abuse of power are the most common means used to commit the crime of trafficking and that victims are often subjected to multiple forms of exploitation.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0013","docId":"cedaw-c-gc-38","idx":13,"n":13,"text":"Combating trafficking in women and girls in the context of global migration requires the engagement of the larger protection framework stemming from international humanitarian law, refugee law, criminal law, labour law and international private law, the conventions against statelessness, slavery and the slave trade and international human rights law instruments. The Convention reinforces and complements the regional and international law regime for victims of trafficking, in particular in cases in which explicit gender equality provisions are absent from international agreements. The Committee recognizes that women and girls retain the concurrent protection of those legal instruments.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0014","docId":"cedaw-c-gc-38","idx":14,"n":14,"text":"Trafficking and sexual exploitation in women and girls is a human rights violation and can be a threat to international peace and security. The positive obligation of States parties to prohibit trafficking is reinforced by international criminal law, including the Rome Statute of the International Criminal Court, in which enslavement, sexual slavery and enforced prostitution are recognized as crimes that may fall within the jurisdiction of the Court.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0015","docId":"cedaw-c-gc-38","idx":15,"n":15,"text":"Obligations flowing to non-State actors to respect the prohibition of trafficking also arise from the peremptory norm (jus cogens) prohibiting slavery, the slave trade and torture, and the Committee notes that, in certain cases, trafficking in women and girls may amount to such rights violations.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0016","docId":"cedaw-c-gc-38","idx":16,"n":16,"text":"Strategic global action by States to combat trafficking, especially in women and girls, must happen within the commitments set out in the Global Compact for Safe, Orderly and Regular Migration and the 2030 Agenda for Sustainable Development, as well as in the context of the implementation of the United Nations Global Plan of Action to Combat Trafficking in Persons and Security Council resolutions.","labels":["Migrants","Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0017","docId":"cedaw-c-gc-38","idx":17,"n":17,"text":"States parties bear a legal obligation to respect and ensure the rights set out in the Convention to anyone within their power or effective control, even if not situated within their respective territories. The direct obligation of States parties to prevent, investigate, prosecute and punish acts of trafficking in women and girls and offer redress to victims extends to the acts or omissions of all perpetrators, including private persons, family members and intimate partners, State-mandated actors and officials, organizations and businesses, as well as non-State actors, including armed terrorist groups.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["III. Legal framework"]},{"id":"cedaw-c-gc-38-0018","docId":"cedaw-c-gc-38","idx":18,"n":18,"text":"Identifying, addressing and eliminating the following root causes are key elements of the obligation of States parties to prevent trafficking and sexual exploitation in women and girls in the context of global migration: (a) the systemic gender-based discrimination that creates the economic and social injustices experienced disproportionately by women and girls; (b) situations of conflict and humanitarian emergencies, including the consequent displacement; (c) discrimination in migration and asylum regimes; and (d) the demand that fosters exploitation and leads to trafficking.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls"]},{"id":"cedaw-c-gc-38-0019","docId":"cedaw-c-gc-38","idx":19,"n":19,"text":"Criminal law alone is unable to address or redress the crime of trafficking, due to the uneven harmonization of laws, including the definition of trafficking, both between countries and within countries, the complexity of the financial operations and the powerlessness of justice systems, which are often corrupt, underfunded and underresourced, to fight against powerful trafficking networks. An effective anti-trafficking response ensuring that women and girls are able to exercise their fundamental rights must therefore engage all substantive provisions of the Convention and be read within the international human rights treaty framework.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls"]},{"id":"cedaw-c-gc-38-0020","docId":"cedaw-c-gc-38","idx":20,"n":20,"text":"Trafficking in women and girls is rooted in sex-based and gender-based discrimination, gender-based structural inequality and the feminization of poverty. The women and girls who are most vulnerable to being trafficked are those belonging to marginalized groups, such as women and girls living in rural and remote areas, those belonging to indigenous and ethnic minority communities, women and girls with disabilities, women and girls with an irregular migration status, as well as those who are displaced, stateless or at risk of statelessness, refugee and asylum-seeking women and girls, including those whose claims have been rejected, women and girls living in or coming from conflict or post-conflict settings and girls without care or in alternative care, and their life experiences are marked by serious rights deprivation. Members of those groups often experience social, political and economic exclusion, resulting in their being more likely to be impoverished, uneducated or undereducated, unregistered or undocumented and unemployed or underemployed, to carry the burden of household and childcare responsibilities, to face restricted access to State benefits, protection and services, to experience intimate partner and domestic violence, abuse and neglect in the family environment, to be in care institutions and to be subjected to child, forced and servile marriage or deprivations due to widowhood. Such situations can be aggravated by the additional burden of an impairment or severe illness that is a consequence of trafficking, including sexual exploitation.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities","Persons living in rural/remote areas","Non-citizens and stateless","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","A. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0021","docId":"cedaw-c-gc-38","idx":21,"n":21,"text":"Women and girls continue to be the prime targets of traffickers for specific forms of exploitation, owing to the pervasive and persistent gender and age inequalities that result in an economic, social and legal status of women and girls that is lower in comparison with that which is enjoyed by men and boys. Violations of all rights under the Convention may be found at the root of trafficking in women and girls and must be addressed as part of a transformative approach that empowers women and girls by promoting gender equality and their civil, political, economic, social and cultural rights, in line with Sustainable Development Goals 1, 3, 4–5, 8, 10–11, 13 and 16.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","A. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0022","docId":"cedaw-c-gc-38","idx":22,"n":22,"text":"Migration is a constitutive element of modern society and can be empowering for women if they are able to migrate and work in conditions in which their dignity is respected. Although it presents new social and economic opportunities for many women, migration may also place their human rights and security at risk, in particular if they are compelled to travel through irregular channels and/or it results in an irregular migration situation. Women and girls face an increased risk of being trafficked at all stages of the migration cycle – in transit, in reception and accommodation facilities, at borders and in destination countries. Upon return, they may experience reprisals and revictimization.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0023","docId":"cedaw-c-gc-38","idx":23,"n":23,"text":"Although States have a sovereign prerogative to manage their borders and regulate migration, they must do so in full compliance with their obligations as parties to the human rights treaties that they have ratified or to which they have acceded. That includes transparency and accountability in the ways in which States govern migration and provide safe pathways guaranteeing the human rights of women throughout all stages of migration.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0024","docId":"cedaw-c-gc-38","idx":24,"n":24,"text":"Sex-specific or discriminatory migration and asylum policies establishing measures such as increased border control, refusal of entry, pushbacks, expulsion or detention limit the movement of women and girls fleeing from crises and conflict zones. They heighten their vulnerability to all forms of exploitation, in particular at points of transit, not least of which due to an increased need to use the services of people smugglers or other types of underground or criminal networks in order to move, both internally as well as internationally to evade border controls. Girls who are unaccompanied or separated from their families or other support structures due to displacement are particularly vulnerable to being trafficked.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Persons deprived of their liberty","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0025","docId":"cedaw-c-gc-38","idx":25,"n":25,"text":"The Committee reaffirms that displacement has specific gender dimensions and that the Convention applies at every stage of the displacement cycle – during flight, in settlement and upon return. It has recognized that gender-based violence against women and girls is one of the major forms of persecution experienced by women and girls that may be grounds for granting refugee status and asylum and/or residence permits on humanitarian grounds. Trafficking in women and girls breaches specific provisions of the Convention relating to the Status of Refugees and should therefore be recognized as legitimate grounds for international protection in law and in practice, in specific cases. Furthermore, refugee women and girls are highly vulnerable to trafficking and are in need of international protection, especially against refoulement.","labels":["Refugees & asylum-seekers","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0026","docId":"cedaw-c-gc-38","idx":26,"n":26,"text":"Gender-neutral provisions in States’ migration policies contribute to limiting access for women to safe and regular migration pathways and to regular and decent job opportunities in transit and destination countries. The ability for women to migrate is further restricted by gender-based stereotypes, discriminatory laws, discrimination and exploitation in recruitment, lack of available decent work and limited reliable information on migration. Migrant women also face indirect discrimination from migration laws that have prerequisites such as a mandatory minimum income in order to obtain a visa. Given that women are often employed in low-wage and insecure employment, it is difficult for some women to satisfy such criteria.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0027","docId":"cedaw-c-gc-38","idx":27,"n":27,"text":"Visa regimes may be responsible for creating an economic and legal dependency on an employer or spouse, creating the conditions for exploitation and for such sponsors to operate with impunity. The temporary or seasonal work in which migrant women are often engaged may not offer pathways to more regular, long-term or permanent employment and often does not offer unemployment protection, health care or access to other gender-responsive social protection and essential services. Sex-specific migration bans or restrictions, designed to protect women from trafficking, notably often heighten the risk of women becoming victims of trafficking, given that they are then obliged to seek alternative ways to migrate.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0028","docId":"cedaw-c-gc-38","idx":28,"n":28,"text":"A disproportionate number of migrant women are engaged in informal and precarious employment, in particular in sectors categorized as “low-skilled”, such as care, domestic and manufacturing services. In those sectors, sex-specific migration rules and policies intersect with racial discrimination to perpetuate sex-based stereotypes about what constitutes so-called “women’s work” and discrimination against women. Such gender-segregated labour markets do not offer decent and safe working conditions, because they are either part of the unregulated informal economy or, where regulated, they provide fewer protections than sectors meeting national standards. Migrant women, in particular domestic and farm workers, may be confined to their place of work and have little access to information about their rights and entitlements, thereby exposing them to the risk of severe human rights violations.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","B. Discrimination in migration and asylum regimes"]},{"id":"cedaw-c-gc-38-0029","docId":"cedaw-c-gc-38","idx":29,"n":29,"text":"Strategies aimed at preventing trafficking must take into account demand as a root cause. Failure to recognize the demand is acknowledged as one of the barriers to States addressing trafficking in persons. Demand in the context of trafficking is often shaped by desire for financial gain, discriminatory attitudes, including cultural attitudes, and beliefs. Women may be preferred for certain forms of exploitation because they are perceived as being weak and less likely to assert themselves or to claim the rights to which they are entitled. Members of certain ethnic or racial groups may be targeted for trafficking-related exploitation on the basis of such racist or culturally discriminatory assumptions as those relating to their sexuality, servility or work capacity. The need to address demand for certain forms of trafficking is particularly urgent.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","C. Demand that fosters exploitation and leads to trafficking"]},{"id":"cedaw-c-gc-38-0030","docId":"cedaw-c-gc-38","idx":30,"n":30,"text":"Sexual exploitation persists due to the failure of States parties to effectively discourage the demand that fosters exploitation and leads to trafficking. Persistent norms and stereotypes regarding male domination and the need to assert male control or power, enforce patriarchal gender roles and male sexual entitlement, coercion and control, which drive the demand for the sexual exploitation of women and girls. Massive financial gains with few risks owing to impunity are still widespread. Under article 9 (5) of the Trafficking in Persons Protocol, States should adopt or strengthen legislative or other measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking. The need to address the demand that fosters sexual exploitation is especially important in the context of digital technology, which exposes potential victims to an increased risk of being trafficked.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","C. Demand that fosters exploitation and leads to trafficking"],"citedArticles":[{"treaty":"CEDAW","article":"9","paragraph":"5","source":"regex"}]},{"id":"cedaw-c-gc-38-0031","docId":"cedaw-c-gc-38","idx":31,"n":31,"text":"In the context of labour as a form of trafficking in women and girls, demand for trafficking persists due to an insufficient regulatory environment. Where workers are organized, where labour standards for wages, working hours and conditions and health and safety are monitored and enforced and where economic and social rights, as well as changes to tax laws so that States can finance the public services that women need, are adequately implemented, the demand for the labour or services of trafficked persons is markedly lower.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","C. Demand that fosters exploitation and leads to trafficking"]},{"id":"cedaw-c-gc-38-0032","docId":"cedaw-c-gc-38","idx":32,"n":32,"text":"Medical advancements in organ transplantation give critically ill individuals a chance of survival. However, the dramatic scarcity of human organs and the failure to address the legal responsibility of those in the demand and supply chains encourage unregulated and often enforced organ removals.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","C. Demand that fosters exploitation and leads to trafficking"]},{"id":"cedaw-c-gc-38-0033","docId":"cedaw-c-gc-38","idx":33,"n":33,"text":"The obligations of States parties do not cease in the context of states of emergency resulting from conflict, political events, health crises or natural disasters. Women and girls face an increased vulnerability to gender-based violence, including trafficking, when they are not able to meet their basic livelihood needs or confront economic desperation, which is often exacerbated in such contexts.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","D. Situations of conflict and humanitarian emergencies"]},{"id":"cedaw-c-gc-38-0034","docId":"cedaw-c-gc-38","idx":34,"n":34,"text":"Trafficking in women and girls is exacerbated during and after situations of conflict and humanitarian emergencies, owing to displacement, the breakdown of political, economic and social structures, instability and insufficient governance, including the absence of the rule of law, increased militarism, the availability of small arms, the weakening or loosening of community and family ties, the high incidence of widowhood and the “normalization” of gender-based violence, including conflict-related sexual violence, as an aggravating factor of pre-existing structural, gender-based discrimination against women and girls.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","D. Situations of conflict and humanitarian emergencies"]},{"id":"cedaw-c-gc-38-0035","docId":"cedaw-c-gc-38","idx":35,"n":35,"text":"Financial flows to certain terrorist groups remain a critical component of trafficking, especially sexual exploitation. During humanitarian emergencies, Governments are often required to divert resources, including policing and social services, making it easier for traffickers to hide their operations and rendering victims increasingly invisible, as well as making it more difficult for victims to seek protection, services, assistance and support.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","D. Situations of conflict and humanitarian emergencies"]},{"id":"cedaw-c-gc-38-0036","docId":"cedaw-c-gc-38","idx":36,"n":36,"text":"Digital technologies offer new possibilities for having a positive impact on society. At the same time, they pose new security challenges at both the individual and State levels. The use of electronic currencies offers tools for hiding personal information, such as the identification of the parties involved in the transaction and their location, and allow for making anonymous payments, without even disclosing the purpose of the transaction, all of which facilitates trafficking. Demand channels, through social media, the dark web and messaging platforms, provide easy access to potential victims, thereby increasing their vulnerability.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","E. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0037","docId":"cedaw-c-gc-38","idx":37,"n":37,"text":"The use of digital technology for trafficking poses special problems during global pandemics. In the context of the coronavirus disease (COVID-19) pandemic, State parties face a growth in trafficking in cyberspace, including increases in recruitment for sexual exploitation online, in demand for child sexual abuse material and in technology-facilitated child sex trafficking.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["IV. Root causes of trafficking in women and girls","E. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0038","docId":"cedaw-c-gc-38","idx":38,"n":38,"text":"International human rights law imposes positive obligations on States to identify victims of trafficking, a duty placed firmly on States, irrespective of the lack of self-identification by a victim. Victims are often hidden in non-public areas, such as private residences, isolated factories and farms and brothels. Front-line professionals often lack the required training to adequately understand, identify and appropriately respond to all types of victims, including survivors of sexual exploitation, and to intersecting forms of exploitation. In mixed migration flow hotspots, appropriate and confidential spaces for carrying out identification by trained staff and interpreters, who can promptly assess indicators of vulnerability and provide adequate support, are lacking. Survivors are often reluctant to self-identify or to disclose who has trafficked them for fear of retaliation, owing to lack of information on the crime and where to report it and to fear of engaging with authorities, including fear of being detained, prosecuted, punished and deported.","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["V. Assistance and protection for women and girls who are victims of trafficking","A. Victim identification"]},{"id":"cedaw-c-gc-38-0039","docId":"cedaw-c-gc-38","idx":39,"n":39,"text":"Victims of trafficking have a special status and a right to special assistance and protection measures provided by the State. Long-term, needs-based, comprehensive, victim-centred assistance and protection measures are often lacking in anti-trafficking response measures due to poor victim identification and an insufficient definition of trafficking in national law and implementation thereof.","labels":["Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["V. Assistance and protection for women and girls who are victims of trafficking","B. Victim assistance and protection"]},{"id":"cedaw-c-gc-38-0040","docId":"cedaw-c-gc-38","idx":40,"n":40,"text":"Victims of trafficking are in need of high-quality support services with immediate availability, which must be inclusive and accessible, include access to information on their rights, the medical, psychological, social and legal services available to them and how to acquire access to them, as well as to safe and appropriate accommodations. However, they often face restricted access to essential services, both in the place in which they are identified and in their place of origin, for the following reasons: cost and language of the delivery of services; lack of gender or cultural sensitivity and trauma-informed practices; failure of first responders to conduct appropriate risk assessments and referrals; fear of being forced into a rehabilitation programme or cooperating with law enforcement authorities in the prosecution of traffickers; and fear of prosecution for crimes committed as a consequence of having been trafficked or for immigration offences. Adequate assistance must be provided to women and girls with disabilities, who are particularly vulnerable to being trafficked.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["V. Assistance and protection for women and girls who are victims of trafficking","B. Victim assistance and protection"]},{"id":"cedaw-c-gc-38-0041","docId":"cedaw-c-gc-38","idx":41,"n":41,"text":"States parties are obligated to protect victims of trafficking in persons, especially women and children, from revictimization, which includes guaranteeing victims of trafficking protection against forcible return.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["V. Assistance and protection for women and girls who are victims of trafficking","B. Victim assistance and protection"]},{"id":"cedaw-c-gc-38-0042","docId":"cedaw-c-gc-38","idx":42,"n":42,"text":"Trafficked women and girls, including those who do not hold an immigration status, must be ensured access to justice on the basis of equality and non-discrimination, including the prosecution of their perpetrators and the provision of remedies. However, existing justice systems may be more likely to violate women’s rights than to protect them, including by subjecting victims to criminalization, stigmatization, revictimization, harassment and possible retribution.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VI. Access for victims to justice"]},{"id":"cedaw-c-gc-38-0043","docId":"cedaw-c-gc-38","idx":43,"n":43,"text":"Article 2 (b) of the Convention obligates States parties to provide appropriate and effective remedies, including restitution, recovery, compensation, satisfaction and guarantees of non-repetition, to women whose rights under the Convention have been violated. Victims of trafficking often encounter significant difficulties in claiming compensation and other forms of reparation, including damages, for the harm suffered, including in cases in which: it is made conditional upon cooperation with law enforcement authorities; victims do not have access to high-quality, gender-sensitive, trauma-informed legal aid and representation; residency permits are tied to criminal justice processes and repatriation occurs prior to seeking or obtaining civil remedies; the victim bears the burden of proof in civil claims; survivors of trafficking are not identified as victims of a crime for the purpose of reparations owed under law; and monetary compensation is unavailable or the proceeds of crimes are not redistributed to victims.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VI. Access for victims to justice","A. Remedies for victims of trafficking"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-38-0044","docId":"cedaw-c-gc-38","idx":44,"n":44,"text":"Obstacles to prosecution include the lack of special court procedures to accommodate victims’ needs, deficiencies in the quality of justice systems, including gender bias and victim-blaming rhetoric in courts, resulting in discriminatory judgments or decisions, explicit or implicit social acceptance of gender-based violence against women, delays and excessive length of proceedings, corruption of State officials and their implication in crime, and ignorance of the demand for all forms of exploitation, including sexual exploitation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VI. Access for victims to justice","B. Investigations, prosecutions and punishment of perpetrators"]},{"id":"cedaw-c-gc-38-0045","docId":"cedaw-c-gc-38","idx":45,"n":45,"text":"The Committee acknowledges the complexity and the high level of skill required to investigate and prosecute allegations of trafficking in women and girls that may implicate criminal networks operating transnationally. The transnational nature of trafficking in persons and migration requires cooperation by all affected countries and their participation in an effective and appropriate international response to protect the rights of victims. States parties have a duty to accept and facilitate the voluntary return of their nationals who are trafficked abroad.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VI. Access for victims to justice","B. Investigations, prosecutions and punishment of perpetrators"]},{"id":"cedaw-c-gc-38-0046","docId":"cedaw-c-gc-38","idx":46,"n":46,"text":"The Committee condemns the use of anti-trafficking interventions to justify violence against specific groups of women, in particular in the case of violent raids and entrapment operations by law enforcement authorities conducted with a view to dismantling trafficking networks.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VI. Access for victims to justice","B. Investigations, prosecutions and punishment of perpetrators"]},{"id":"cedaw-c-gc-38-0047","docId":"cedaw-c-gc-38","idx":47,"n":47,"text":"47. States parties must work towards the mobilization of public resources and the strengthening of public services in areas that support the achievement of gender equality and the promotion of the human rights of women and girls and sustainable development, in order to reduce the risk factors that lead to trafficking. Full achievement of the Sustainable Development Goals is essential in order to address the factors that heighten the risks of trafficking, in particular achieving gender equality and empowering women and girls, promoting peace, justice and strong institutions, reducing inequalities, ending poverty in all its forms, ensuring inclusive and equitable quality education and promoting lifelong learning opportunities for women and girls, ensuring healthy lives and promoting the well-being of women and girls of all ages, ensuring decent work and economic participation for women and girls and promoting climate change measures in gender equality policies.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls"]},{"id":"cedaw-c-gc-38-0048","docId":"cedaw-c-gc-38","idx":48,"n":48,"text":"Ensure the full, effective and meaningful participation of women and girls, especially victims of trafficking, those at risk of being trafficked and communities affected by trafficking and/or anti-trafficking measures, in all levels of decision-making and at all stages of efforts to prevent and combat trafficking, in the design of human rights-based, gender-sensitive response measures, including in the development, implementation, monitoring and evaluation of anti-trafficking legislation, policy and programmes, the continuing implementation of the Convention and the Trafficking in Persons Protocol and as an essential component of the peacemaking, stabilization and reconstruction processes, in line with Security Council resolution 1325 (2000) and the follow-up resolutions.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0049","docId":"cedaw-c-gc-38","idx":49,"n":49,"text":"Adopt a transformative approach, promoting gender equality and the empowerment of women, in order to dismantle the structural and systemic conditions that deprive women and girls of their fundamental rights, the consequence of which places them in situations of vulnerability to all forms of trafficking and sexual exploitation.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0050","docId":"cedaw-c-gc-38","idx":50,"n":50,"text":"Reduce the risk of trafficking by eradicating the pervasive and persistent gender inequality that results in an economic, social and legal status of women and girls that is lower in comparison with that which is enjoyed by men and boys, by adopting economic and public policies that prevent a lack of sustainable livelihood options and basic living standards for women and girls.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0051","docId":"cedaw-c-gc-38","idx":51,"n":51,"text":"Eliminate social structures which limit women’s autonomy and access to key resources, which in turn increases their risk of being lured by promises of a means of escape from impoverished circumstances, including lower access to education and vocational training opportunities, asset and land ownership and credit, the low participation of women in decision-making, unequal pay, child and forced marriage, the pervasiveness of patriarchal gender roles, the concentration of women in insecure and vulnerable work and their lack of decent work opportunities.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0052","docId":"cedaw-c-gc-38","idx":52,"n":52,"text":"Enact legislation to protect women and provide effective assistance to victims of domestic abuse, review family law, address sociocultural practices, including intrafamily arrangements, that increase the exposure of women and girls to trafficking and sexual exploitation.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0053","docId":"cedaw-c-gc-38","idx":53,"n":53,"text":"Eradicate patriarchal norms and values formalized in legislation, including family laws, which facilitate trafficking for child and forced marriage. Measures must be adopted that prevent families from agreeing to the indefinite or temporary “marriage” of their daughter in exchange for financial gain. Take into consideration the fact that so-called “women shortages” due to family planning policies in some countries have exacerbated the situation.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0054","docId":"cedaw-c-gc-38","idx":54,"n":54,"text":"54. Strengthen the implementation of a labour rights framework, as follows:","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice"]},{"id":"cedaw-c-gc-38-0055","docId":"cedaw-c-gc-38","idx":55,"n":55,"text":"Provide special economic and social support to disadvantaged groups of women and girls, such as those in extreme poverty in both rural and urban areas, those belonging to stigmatized and racialized groups, sexual abuse survivors and women with disabilities.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","1. Socioeconomic injustice","and equal pay for work of equal value, in particular in unregulated, informal or unmonitored economic sectors that rely on migrant labour;"]},{"id":"cedaw-c-gc-38-0056","docId":"cedaw-c-gc-38","idx":56,"n":56,"text":"56. Establish a gender-responsive and safe migration framework to protect migrant women and girls, including those with an irregular migration status, from violations of their human rights at every stage of migration by:","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0057","docId":"cedaw-c-gc-38","idx":57,"n":57,"text":"57. In line with the Global Compact for Safe, Orderly and Regular Migration, the Committee encourages States parties to:","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0058","docId":"cedaw-c-gc-38","idx":58,"n":58,"text":"58. Ensure that visa schemes do not discriminate against women or facilitate or result in their trafficking, through the following measures:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0059","docId":"cedaw-c-gc-38","idx":59,"n":59,"text":"59. Regulate and monitor labour recruiters, intermediaries and employment agencies, as follows:","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0060","docId":"cedaw-c-gc-38","idx":60,"n":60,"text":"60. Mitigate the risks of dependency and vulnerability of women migrant workers in relation to their employers, as follows:","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0061","docId":"cedaw-c-gc-38","idx":61,"n":61,"text":"Discourage the demand that fosters exploitation of prostitution and leads to trafficking in persons.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0062","docId":"cedaw-c-gc-38","idx":62,"n":62,"text":"Implement educational, social or cultural measures aimed at targeting potential users.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0063","docId":"cedaw-c-gc-38","idx":63,"n":63,"text":"63. Prevent and address trafficking in all business operations and public procurement and corporate supply chains by:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0064","docId":"cedaw-c-gc-38","idx":64,"n":64,"text":"Discourage the demand for organ trafficking through the effective regulation of altruistic organ matching organizations, addressing, as much as possible, donor wait times, monitor hospitals for illegal transplantations and for the identification of clandestine, makeshift operating rooms and spread awareness of the health risks related to trafficked transplant organs.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","2. Promoting a safe migration framework"]},{"id":"cedaw-c-gc-38-0065","docId":"cedaw-c-gc-38","idx":65,"n":65,"text":"65. Integrate into conflict and disaster-risk reduction, preparedness and response plans the existing and emerging factors that place women and girls at risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies"]},{"id":"cedaw-c-gc-38-0066","docId":"cedaw-c-gc-38","idx":66,"n":66,"text":"Address issues of vulnerability that members of displaced families experience, including economic insecurity, access to high-quality education, livelihoods and legal identity documentation, stereotypes about gender roles, harmful masculinities and unequal power relations and perceptions about family honour, as well as the particular vulnerability of displaced girls to being trafficked for sexual purposes.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies","risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance."]},{"id":"cedaw-c-gc-38-0067","docId":"cedaw-c-gc-38","idx":67,"n":67,"text":"Prevent trafficking and sexual exploitation in all accommodation facilities for displaced women and girls, including by training facility staff to identify potential victims, and ensure the security of women and girls by establishing single-sex accommodations and facilities, having police officers patrol the area, including female officers, ensuring adequate lighting and access to sanitary facilities and establishing resource centres for women and girls in their vicinity.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies","risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance."]},{"id":"cedaw-c-gc-38-0068","docId":"cedaw-c-gc-38","idx":68,"n":68,"text":"Adopt a policy of zero tolerance of trafficking, sexual exploitation, forced labour, slavery and slavery-like practices, based on international human rights standards, which addresses groups such as the national armed forces, peacekeeping forces, border police, immigration officials, humanitarian actors and other staff members of international organizations and international civil society organizations.","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies","risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance."]},{"id":"cedaw-c-gc-38-0069","docId":"cedaw-c-gc-38","idx":69,"n":69,"text":"Ensure access to complaint procedures and redress mechanisms in cases of human rights violations.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies","risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance."]},{"id":"cedaw-c-gc-38-0070","docId":"cedaw-c-gc-38","idx":70,"n":70,"text":"Address the gendered impact of international transfers of arms, especially small and illicit arms, including through the ratification and implementation of the Arms Trade Treaty.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","4. Situations of conflict and humanitarian emergencies","risk of trafficking, including sexual exploitation, ensuring that they are provided with comprehensive protection and assistance."]},{"id":"cedaw-c-gc-38-0071","docId":"cedaw-c-gc-38","idx":71,"n":71,"text":"Call for social media and messaging platform companies to take responsibility for exposing women and girls to trafficking and sexual exploitation through use of their services. Require that such companies define the relevant controls to mitigate those risks and put into place the appropriate governance structure and procedures that will allow them to be reactive in their response and provide the necessary level of information to the relevant authorities. Require that such companies also use their existing capabilities in big data, artificial intelligence and analytics to identify any pattern that could lead to trafficking and the identification of the involved parties, including on the demand side.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","5. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0072","docId":"cedaw-c-gc-38","idx":72,"n":72,"text":"States parties should call for the existing digital technology companies to increase transparency. At the same time, States parties should aim to initiate and create, for example as part of central banking systems, platforms for the use of electronic currencies that are based on disclosed user information, including beneficial owner, ordering customer and services or goods related to the transaction. Ensure that anti-money-laundering laws are effectively implemented in order to disincentivize the use of electronic currencies based on user anonymity.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","5. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0073","docId":"cedaw-c-gc-38","idx":73,"n":73,"text":"Initiate the proactive identification of the production of online sexual abuse material during the COVID-19 pandemic and afterwards, cooperate with technology companies in creating automated tools to detect online recruitment and identify traffickers and strengthen partnerships between the public and private sectors to address pandemic-related increases in the incidence of the crime.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","5. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0074","docId":"cedaw-c-gc-38","idx":74,"n":74,"text":"Call for information-sharing between digital interactive platforms in order to facilitate international cooperation in combating trafficking and sexual exploitation and assist with law enforcement efforts. Improve data collection, ensure that data is up to date and provide for reliable information-sharing.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","5. Use of digital technology in trafficking"]},{"id":"cedaw-c-gc-38-0075","docId":"cedaw-c-gc-38","idx":75,"n":75,"text":"Provide accurate information to members of the public, targeting in particular women and girls in disadvantaged situations, those living in remote and border areas and migrant women and girls en route or in a destination context, about their rights and the means of and reasons for avoiding human traffickers, including through evidence-informed, accessible communication campaigns based on a clear understanding of community risk factors and the barriers faced by community members in protecting themselves and others from trafficking, in particular in the context of migration, so that they can identify and report potential traffickers and gain access to service providers when they feel vulnerable to trafficking or exploitation.","labels":["Migrants","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","A. Addressing the root causes of trafficking in women and girls","6. Raising awareness"]},{"id":"cedaw-c-gc-38-0076","docId":"cedaw-c-gc-38","idx":76,"n":76,"text":"Address the adverse collateral effects of anti-trafficking efforts by ensuring that innocent women and girls are not arbitrarily arrested, abused or falsely charged, in particular women belonging to marginalized groups and women in prostitution, including through any raids conducted by law enforcement authorities with a view to dismantling trafficking networks.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0077","docId":"cedaw-c-gc-38","idx":77,"n":77,"text":"Create national guidelines that are updated on a regular basis for the early identification and referral of, and the provision of services to, victims or presumed victims, that are benchmarked against international standards and that integrate a rights-based, victim-centred, age-appropriate, gender-sensitive and trauma-informed approach, which is uniformly applicable at international borders and throughout the territory of the State party by all relevant State and non-State actors.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0078","docId":"cedaw-c-gc-38","idx":78,"n":78,"text":"The identification of victims or presumed victims and their referral to assistance services are to be performed by multidisciplinary teams, including professionals from all relevant fields, the composition of which can be adapted to the circumstances of the case, and should not be exclusively led by law enforcement or immigration authorities or be linked to the initiation or outcome of criminal proceedings, but based on the personal and social vulnerabilities of the victims and potential victims.","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0079","docId":"cedaw-c-gc-38","idx":79,"n":79,"text":"Provide updated and consistent training to professionals from all relevant fields on the causes, consequences and incidence of trafficking in women and girls and the various forms of exploitation of women and girls and on the content and effective implementation of national guidelines on victim identification, the provision of services and referral systems to facilitate the safe, confidential and non-discriminatory screening and referral of victims, including non-nationals, after obtaining their informed consent.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0080","docId":"cedaw-c-gc-38","idx":80,"n":80,"text":"Strengthen the capacities of health-care systems for the early identification of and intervention for women and girls who are at risk of being trafficked and victims of trafficking, irrespective of migration status, ensuring confidential and safe access to free health care, based on trauma-informed and survivor-centred care, as informed by international standards.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0081","docId":"cedaw-c-gc-38","idx":81,"n":81,"text":"Collaborate with civil society organizations, including through strengthening their human, technical and financial resources, to ensure that victims of trafficking are identified, assisted and protected at an early stage, including through the operation of mobile units, and the availability of safe disclosure procedures and safe spaces, targeting in particular sites where displaced and migrant women and girls are accommodated, registered or detained.","labels":["Migrants","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0082","docId":"cedaw-c-gc-38","idx":82,"n":82,"text":"Assess the impact of the national legal and policy framework, in particular with respect to the application of immigration, asylum, labour, health, education and social protection frameworks on victims of trafficking, to ensure that they do not adversely affect victim identification, assistance, protection, social inclusion and reintegration and do not increase the vulnerability of women and girls to trafficking, re-trafficking, detention, forced return or other harms.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0083","docId":"cedaw-c-gc-38","idx":83,"n":83,"text":"Address disincentives for victims to seek assistance, including by establishing a firewall between immigration enforcement, the criminal justice system and all care and support services and ensuring that victims of and those vulnerable to trafficking can safely go to the authorities, without fear of negative consequences, such as prosecution, punishment, detention or deportation for immigration, labour or other offences related to their being a victim of trafficking.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","1. Victim identification"]},{"id":"cedaw-c-gc-38-0084","docId":"cedaw-c-gc-38","idx":84,"n":84,"text":"Improve cross-border collaboration, coordination and knowledge exchange among border control, law enforcement, child protection and social protection authorities and non-governmental organizations, to provide displaced and migrant women and girls with appropriate and sufficient reception facilities and services by incorporating gender-sensitivity and trauma-sensitivity into arrangements for arrivals at land, air and sea borders, including the provision of safe accommodations and adequate treatment, taking into consideration the need for skilled personnel to adequately screen for and identify potential victims of trafficking and ensuring that the necessary measures are in place to respond to the specific protection needs of victims of trafficking, including access to consular protection.","labels":["Migrants","Women/girls","Children","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0085","docId":"cedaw-c-gc-38","idx":85,"n":85,"text":"Ensure that all governance measures taken at international borders, including those aimed at addressing irregular migration and combating transnational organized crime, are in accordance with the principle of non-refoulement and the prohibition of arbitrary and collective expulsions.","labels":["Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0086","docId":"cedaw-c-gc-38","idx":86,"n":86,"text":"Build the capacity of, and facilitate the periodic updating of training for, law enforcement staff, including police, immigration and border control officers, as well as professionals working in and around areas where women and girls who are facing or are at risk of distress migration and displacement are located, on their role in ensuring adequate protection to such women and girls, by establishing procedures to identify possible victims of trafficking, including those suspected of association with or returning from territory under the control of non-State armed groups.","labels":["Migrants","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0087","docId":"cedaw-c-gc-38","idx":87,"n":87,"text":"87. Apply a due diligence framework to the risk assessment conducted by multidisciplinary teams for the identification and protection of trafficked women and girls from further rights violations, including by:","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Persons deprived of their liberty","Non-citizens and stateless","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0088","docId":"cedaw-c-gc-38","idx":88,"n":88,"text":"Recognize that, in specific cases, trafficking in women and girls may be considered gender-related persecution, and that consequently victims or potential victims are informed of and effectively enjoy the right of access to fair, efficient, trauma-informed and clear asylum procedures without discrimination or any preconditions, regardless of country of origin or mode of entry into the State party or their participation in criminal proceedings. Interpret the grounds for identifying victims of persecution under the Convention relating to the Status of Refugees, in line with the Guidelines on International Protection of the Office of the United Nations High Commissioner for Refugees: No. 1, on gender-related persecution, No. 7, on victims of trafficking and persons at risk of being trafficked, No. 8, on child asylum claims, and No. 9, on sexual orientation and gender identity.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0089","docId":"cedaw-c-gc-38","idx":89,"n":89,"text":"89. States parties are obligated to protect victims of trafficking, especially women and girls, from revictimization, including by:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0090","docId":"cedaw-c-gc-38","idx":90,"n":90,"text":"Girls who are at risk of being re-trafficked should not be returned to their country of origin unless it is in line with their best interests and appropriate measures for their protection have been taken, including a risk and security assessment to ensure a safe return, the availability of long-term reintegration support in the country of return, comprising access to health care, education and/or vocational training, and protection from discrimination and re-trafficking.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0091","docId":"cedaw-c-gc-38","idx":91,"n":91,"text":"91. Improve cooperation with receiving States to ensure the voluntary repatriation of citizens and permanent residents who have been trafficked abroad in cases in which they wish to return, facilitated through standardized processes and effective communication between the authorities and officials involved, ensuring that the receiving country complies with international standards for the protection of and provision of assistance to victims of trafficking.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","2. Application of other protection frameworks"]},{"id":"cedaw-c-gc-38-0092","docId":"cedaw-c-gc-38","idx":92,"n":92,"text":"Based on human rights and humanitarian grounds, provide access to free legal aid, grant, where possible, a reflection and recovery period and a residence permit pending formal identification to enable trafficked women and their dependents to take part in recovery and reintegration measures, which must be inclusive and accessible, not made conditional on their participation in the criminal justice process or the obtaining of a conviction against traffickers, including appropriate individualized, gender-sensitive, child-sensitive and trauma-informed emergency and longer-term access to accommodations, welfare benefits, educational and employment opportunities, high-quality medical care, including sexual and reproductive health services and counselling, the issuance of official identification documents free of charge, family reunification measures and asylum procedures, where relevant. Grant girls who are victims residence permits for an indefinite duration, in line with their best interests, to enable access to a durable solution that is sustainable and secure in the long-term.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0093","docId":"cedaw-c-gc-38","idx":93,"n":93,"text":"Provide immediate access to a sufficient number of adequately funded, well-equipped shelters and separate units for victims of sexual violence and enforced prostitution within shelters and crisis centres, which are safe, accessible and appropriate for trafficked women and girls, including women accompanied by children, with specially trained staff that focus on the provision of tailored assistance to victims according to standard operating procedures, ensuring their dignified treatment in a confidential manner.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0094","docId":"cedaw-c-gc-38","idx":94,"n":94,"text":"Ensure that assistance services and social inclusion programmes for all women affected by trafficking are provided on an informed and voluntary basis and that neither victims nor their children are forcibly kept or detained in shelters or “rehabilitation” programmes against their will or in compulsory protective detention, including for witness testimony purposes. In the exceptional case that limitations are placed on women’s freedom of movement for security considerations, such limitations should be restricted to the shortest possible duration.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0095","docId":"cedaw-c-gc-38","idx":95,"n":95,"text":"Support community-based programmes for the reintegration and social inclusion of women and girls who are victims of trafficking, including access to safe and affordable independent accommodations, the creation of a work quota for victims in State agencies and the inclusion of victims in the list of priority groups for access to social programmes, and access to the redemption of tax debts.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0096","docId":"cedaw-c-gc-38","idx":96,"n":96,"text":"Ensure that the principle of the best interests of the child is a primary consideration in decision-making for all girls who are victims of trafficking, including non-nationals, that their right to be heard is respected, that they are guaranteed access to developmentally appropriate and age-appropriate protection and support services that are integrated, interdisciplinary and include individualized case management, to family tracing and to the reunification of unaccompanied and separated children and that children are never criminalized or detained. Carry out age assessments only as a measure of last resort and in a manner that is multidisciplinary, scientifically and culturally appropriate, child-sensitive, gender-sensitive and, for all unaccompanied or separated girls, overseen by a qualified guardian.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0097","docId":"cedaw-c-gc-38","idx":97,"n":97,"text":"Counter stereotypical attitudes and discrimination towards women and girls who are victims of trafficking and sexual exploitation, in particular migrants, by providing trauma-informed, gender-sensitivity and child-sensitivity training for individuals tasked with providing assistance and protection services, including to relevant authorities at the local and State levels, child protection agencies, embassy and consular authorities, employers and public and private recruitment agencies and to police officers, border officers, immigration personnel, labour inspectors, social workers and health-care providers.","labels":["Women/girls","Children","Children in alternative care"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0098","docId":"cedaw-c-gc-38","idx":98,"n":98,"text":"98. Ensure that all women and girls who are victims of trafficking, without exception, are not subject to arrest, charge, detention, prosecution or penalty or are otherwise punished for irregular entry or stay in countries of transit and destination for the absence of documentation or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of their situation as victims of trafficking. The non-punishment principle must:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","3. Non-criminalization and non-conditionality"]},{"id":"cedaw-c-gc-38-0099","docId":"cedaw-c-gc-38","idx":99,"n":99,"text":"Provide all women and girls with accessible information in a format that they can understand about their rights under the Convention and the Optional Protocol thereto, the legal provisions protecting them from trafficking and exploitation and the corresponding remedies for lodging complaints of violations of those rights, how to gain access to them, their entitlements to continued assistance and protection, including through hotlines that are operational around the clock and free legal aid, advice and representation in judicial and quasi-judicial processes in all fields of law.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","4. Right to information about rights and legal assistance"]},{"id":"cedaw-c-gc-38-0100","docId":"cedaw-c-gc-38","idx":100,"n":100,"text":"Ensure facilitated access to inclusive, age-sensitive and gender-sensitive complaint mechanisms and justice mechanisms, including through the provision of procedural and age-appropriate accommodations, for all women and girls who are victims of trafficking, including non-citizens, by providing effective channels for seeking protection and redress for violations of their rights through the creation of adequate conditions for lodging complaints without fear of reprisal, arrest, detention or deportation.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","5. Right to remedy"]},{"id":"cedaw-c-gc-38-0101","docId":"cedaw-c-gc-38","idx":101,"n":101,"text":"Ensure that that trafficked women and girls have a legally enforceable right to affordable, accessible and timely remedies through the criminal, civil and labour courts and administrative proceedings, including a right to compensation, back pay and other tailored reparations, and ensure that such remedies are not made conditional on confiscation of assets from the traffickers and are guaranteed under the conditions provided for in domestic law for victims. Compensation as a victim of a crime should have no impact on social assistance received by victims or as provided by another State programme.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","B. Upholding victims’ rights","5. Right to remedy"]},{"id":"cedaw-c-gc-38-0102","docId":"cedaw-c-gc-38","idx":102,"n":102,"text":"Guarantee all trafficked women and girls a fair hearing and due process in administrative and judicial proceedings, including detention and expulsion proceedings, ensuring that they are heard, informed and consulted throughout the hearing and have access to adequate trauma-informed, culturally specific, gender-sensitive and age-sensitive accommodations, support and protection to enable them to testify against their traffickers.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0103","docId":"cedaw-c-gc-38","idx":103,"n":103,"text":"Safeguard the right to privacy of trafficked girls, ensuring that they are continuously informed and can exercise their right to be heard. Ensure their right to special protection in court proceedings through the provision of specialized, child-sensitive legal assistance to simplify procedures for testifying and prevent additional trauma, including by appointing victim advocates, social workers or legal guardians.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0104","docId":"cedaw-c-gc-38","idx":104,"n":104,"text":"Fund and support the effective implementation of protection systems for trafficked women and girls, their family members, witnesses and informants, to safeguard against threats and retaliation from trafficking networks, both during and after legal proceedings, including through witness protection programmes, needs-based court procedures and temporary residence permits for non-citizens and their dependents, irrespective of their cooperation in the prosecution.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0105","docId":"cedaw-c-gc-38","idx":105,"n":105,"text":"Promptly investigate, prosecute and adequately punish both those directly involved in trafficking and those negligent in addressing or preventing trafficking, including alleged corruption of government officials and members of the private sector, ensuring that the sanctions imposed are commensurate with the gravity of the crime and the degree of responsibility of the offender.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0106","docId":"cedaw-c-gc-38","idx":106,"n":106,"text":"Ensure the effective prosecution and adequate punishment of traffickers of women and girls through the design, implementation and periodic evaluation of multisectoral capacity-building programmes for all court officials and support staff on the trauma-informed age-sensitive, gender-sensitive, culturally sensitive and human rights-based application of anti-trafficking legislation and treatment of victims.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0107","docId":"cedaw-c-gc-38","idx":107,"n":107,"text":"States parties are encouraged to systematize their criminal justice and judicial cooperation, including harmonizing legal procedures for mutual legal assistance, extradition and the confiscation and return of the proceeds of crime, with countries of origin, transit and destination for trafficking in women and girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0108","docId":"cedaw-c-gc-38","idx":108,"n":108,"text":"Build and adequately resource cross-agency investigative teams to track the financial flows generated by trafficking in women and girls and redistribute any confiscated proceeds of such criminal conduct to victims as compensation for the human rights violations that they have suffered.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","C. Gender-sensitive court proceedings"]},{"id":"cedaw-c-gc-38-0109","docId":"cedaw-c-gc-38","idx":109,"n":109,"text":"109. Establish partnerships between anti-trafficking, migration and development practitioners, international organizations and women-focused and girl-focused civil society stakeholders, including community-based organizations of groups affected by trafficking and/or anti-trafficking measures, to systematically collect, exchange, analyse and publish data, with the objective of developing an understanding of trends in trafficking in women and girls and implementing targeted, evidenced-based strategies for its prevention, enhancing the prompt gender-responsive human rights-based and needs-based assistance to victims and ensuring their protection and that they are provided with reparations.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks"]},{"id":"cedaw-c-gc-38-0110","docId":"cedaw-c-gc-38","idx":110,"n":110,"text":"Disaggregate data collected on both victims and perpetrators of trafficking by all parameters considered relevant, including sex, age, disability, ethnicity, nationality, immigration status, location, socioeconomic status and form of exploitation, in line with Sustainable Development Goal indicator 16.2.2, where permitted by national law.","labels":["Persons with disabilities","Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","gender-responsive human rights-based and needs-based assistance to victims"]},{"id":"cedaw-c-gc-38-0111","docId":"cedaw-c-gc-38","idx":111,"n":111,"text":"All measures for data collection, storage, sharing or dissemination must be carried out in a legal and ethical manner, in accordance with international standards on privacy and confidentiality.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","gender-responsive human rights-based and needs-based assistance to victims"]},{"id":"cedaw-c-gc-38-0112","docId":"cedaw-c-gc-38","idx":112,"n":112,"text":"112. Adopt and implement comprehensive, victim-centred, child-sensitive and gender-sensitive anti-trafficking legislation that provides a harmonized approach to criminalizing trafficking at all jurisdiction levels, ensuring that it:","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","gender-responsive human rights-based and needs-based assistance to victims"]},{"id":"cedaw-c-gc-38-0113","docId":"cedaw-c-gc-38","idx":113,"n":113,"text":"113. Adopt a result-oriented, evidence-led, gender-responsive, rights-based and victim-centred comprehensive anti-trafficking national plan of action, ensuring that it is:","labels":["Refugees & asylum-seekers","Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","gender-responsive human rights-based and needs-based assistance to victims"]},{"id":"cedaw-c-gc-38-0114","docId":"cedaw-c-gc-38","idx":114,"n":114,"text":"114. Establish a national referral mechanism with the objective of coordinating the alignment of all relevant national policies to ensure an effective and human rights-based approach to combating trafficking in women and girls, ensuring that it is operationalized by a dedicated and fully funded secretariat responsible for the harmonization of clear information management and coordination structures between relevant local and national authorities, including migration, asylum and labour officials, national human rights institutions, the private sector and civil society organizations engaged in combating trafficking in women and girls, and developing a common response, including comprehensive standard operating procedures outlining relevant legal obligations, referral procedures, roles and responsibilities.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","gender-responsive human rights-based and needs-based assistance to victims"]},{"id":"cedaw-c-gc-38-0115","docId":"cedaw-c-gc-38","idx":115,"n":115,"text":"Establish an independent national rapporteur on trafficking in persons to track and report on the progress of transformative anti-trafficking strategies, promoting gender equality and the empowerment of women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","D. Data collection and legislative, policy and institutional frameworks","and civil society organizations engaged in combating trafficking in women and girls, and developing a common response, including comprehensive standard operating procedures outlining relevant legal obligations, referral procedures, roles and responsibilities."]},{"id":"cedaw-c-gc-38-0116","docId":"cedaw-c-gc-38","idx":116,"n":116,"text":"The Committee underscores the need to accelerate the implementation of all provisions of the Convention, in line with the 2030 Agenda for Sustainable Development and the recommendations emanating from the 25-year review of the implementation of the Beijing Declaration and Platform for Action, as a means to induce transformative and radical change in the exercise by women of their autonomy and self-determination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","E. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0117","docId":"cedaw-c-gc-38","idx":117,"n":117,"text":"The Committee recommends that States parties include information in their periodic reports under the Convention on the strategies implemented to promote and protect the human rights of women and girls in their anti-trafficking response efforts.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","E. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0118","docId":"cedaw-c-gc-38","idx":118,"n":118,"text":"The United Nations specialized agencies and the special procedures of the Human Rights Council are invited to provide country-specific and region-specific input to the Committee on the situation of trafficking and sexual exploitation in women and girls in the context of global migration and protection and recovery measures taken, as appropriate, in the context of the review of the periodic reports of States parties.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","E. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0119","docId":"cedaw-c-gc-38","idx":119,"n":119,"text":"States parties are encouraged to include in their reports to other mechanisms information on their strategies to implement a transformative anti-trafficking response that promotes gender equality and the empowerment of women and girls, including in the context of the universal periodic review process of the Human Rights Council, the high-level political forum on sustainable development, the Global Compact for Safe, Orderly and Regular Migration and the Mechanism for the Review of the Implementation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","E. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0120","docId":"cedaw-c-gc-38","idx":120,"n":120,"text":"The present general recommendation should be translated into local languages and disseminated widely to all branches of government, civil society, the media, academic institutions, women’s, girls’ and migrant’s rights organizations, the private sector and financial institutions.","labels":["Women/girls","Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","E. Dissemination and reporting"]},{"id":"cedaw-c-gc-38-0121","docId":"cedaw-c-gc-38","idx":121,"n":121,"text":"121. States parties are encouraged to ratify or accede to the following instruments:","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","F. Treaty ratification or accession"]},{"id":"cedaw-c-gc-38-0122","docId":"cedaw-c-gc-38","idx":122,"n":122,"text":"States parties are urged to endorse the New York Declaration for Refugees and Migrants, the Global Compact for Safe, Orderly and Regular Migration annexed thereto and the global compact on refugees.","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2020,"section":["VII. Recommendations","F. Treaty ratification or accession"]},{"id":"cedaw-c-gc-39-0001","docId":"cedaw-c-gc-39","idx":1,"n":1,"text":"1. The present general recommendation provides guidance to States parties on legislative, policy and other relevant measures to ensure the implementation of their obligations in relation to the rights of Indigenous women and girls under the Convention on the Elimination of All Forms of Discrimination against Women. There are an estimated 476.6 million Indigenous Peoples globally, of whom more than half (238.4 million) are women.[[fn:1]] Discrimination and violence are recurrent phenomena in the lives of many Indigenous women and girls living in rural, remote and urban areas. The present general recommendation applies to Indigenous women and girls both inside and outside Indigenous territories.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":1,"text":"International Labour Organization (ILO), Implementing the ILO Indigenous and Tribal Peoples Convention No. 169: Towards an Inclusive, Sustainable and Just Future (Geneva, 2019), p. 13; and Department of Economic and Social Affairs, State of the World’s Indigenous Peoples, vol. 5, Rights to Lands, Territories and Resources (United Nations publication, 2021), p. 119."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-39-0002","docId":"cedaw-c-gc-39","idx":2,"n":2,"text":"2. The present general recommendation takes into account the voices of Indigenous women and girls as driving actors and leaders inside and outside their communities. It identifies and addresses different forms of intersectional discrimination faced by Indigenous women and girls and their key role as leaders, knowledge-bearers and transmitters of culture among their peoples, communities and families, as well as society as a whole. The Committee on the Elimination of Discrimination against Women has consistently identified patterns of discrimination faced by Indigenous women and girls in the exercise of their human rights,[[fn:2]] and the factors that continue to exacerbate discrimination against them. Such discrimination is often intersectional and based on factors such as sex; gender; Indigenous origin, status or identity; race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status.[[fn:3]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":2,"text":"See, for example, general recommendation No. 34 (2016) on the rights of rural women, paras. 14–15. For more discussion of the work of the Committee in the area of Indigenous women, see United Nations Entity for Gender Equality and the Empowerment of Women (UNWomen) and Committee on the Elimination of Discrimination against Women, “Recomendaciones Generales y Observaciones Finales del Comité para la Eliminación de la Discriminación contra la Mujer sobre mujeres indígenas y/o afrodescendientes realizadas a Estados de América Latina” (Clayton, Panama, 2017)."},{"n":3,"text":"United Nations Declaration on the Rights of Indigenous Peoples, art. 2."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-39-0003","docId":"cedaw-c-gc-39","idx":3,"n":3,"text":"3. Intersectional discrimination against Indigenous women and girls must be understood in the context of the multifaceted nature of their identity. They face discrimination and gender-based violence, frequently committed by State and non-State actors. These forms of violence and discrimination are widespread and are often treated with impunity. Indigenous women and girls often have an inextricable link and relation to their peoples, lands, territories, natural resources and culture. To ensure compliance with articles 1 and 2 and other relevant provisions of the Convention, State action, legislation and policies must reflect and respect the multifaceted identity of Indigenous women and girls. States parties should also take into consideration the intersectional discrimination experienced by Indigenous women and girls on the basis of factors such as sex; gender; Indigenous origin, status or identity; race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-39-0004","docId":"cedaw-c-gc-39","idx":4,"n":4,"text":"4. State action to prevent and address discrimination against Indigenous women and girls throughout their lifespan must integrate a gender perspective, an intersectional perspective, an Indigenous women and girls perspective, an intercultural perspective and a multidisciplinary perspective. A gender perspective takes into consideration the discriminatory norms, harmful social practices, stereotypes and inferior treatment that have affected Indigenous women and girls historically and still affect them in the present. An intersectional perspective requires States to consider the multitude of factors that combine to increase the exposure of Indigenous women and girls to, and exacerbate the consequences of, unequal and arbitrary treatment on the basis of sex; gender; Indigenous origin, status or identity; race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status, among other factors. States should take into consideration the interdependence and interconnectedness of all these factors in their adoption of laws, policies, national budgets and interventions related to Indigenous women and girls. Indigenous women and girls suffer intersectional discrimination both inside and outside their territories. Intersectional discrimination against them is structural, embedded in constitutions, laws and policies, as well as government programmes, action and services.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["I. Introduction"]},{"id":"cedaw-c-gc-39-0005","docId":"cedaw-c-gc-39","idx":5,"n":5,"text":"5. An Indigenous women and girls perspective entails understanding the distinction between their experiences, realities and needs in the area of human rights protection and those of Indigenous men, based on their sex and gender differences. It also involves considering the status of Indigenous girls as developing women, which requires interventions to be appropriate to their age, development and condition. An intercultural perspective involves considering the diversity of Indigenous Peoples, including their cultures, languages, beliefs and values, and the social appreciation and value of this diversity. Lastly, a multidisciplinary perspective requires an appreciation of the multifaceted identity of Indigenous women and girls and of how law, health, education, culture, spirituality, anthropology, economy, science and work, among other aspects, have shaped and continue to shape the social experience of Indigenous women and girls and to promote discrimination against them. These perspectives and approaches are key to preventing and eradicating discrimination against Indigenous women and girls and to achieving the goal of social justice when their human rights are violated.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["I. Introduction"]},{"id":"cedaw-c-gc-39-0006","docId":"cedaw-c-gc-39","idx":6,"n":6,"text":"6. The prohibition of discrimination under articles 1 and 2 of the Convention must be strictly applied to ensure the rights of Indigenous women and girls, including those living in voluntary isolation or initial contact, to self-determination and to access to and the integrity of their lands, territories and resources, culture and environment. The prohibition of discrimination should also be implemented to ensure their rights to effective and equal participation in decision-making and to consultation, in and through their own representative institutions, in order to obtain their free, prior and informed consent before the adoption and implementation of legislative or administrative measures that may affect them. This set of rights lays the foundation for a holistic understanding of the individual and collective rights of Indigenous women. The violation of any of these or related rights constitutes discrimination against Indigenous women and girls.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-39-0007","docId":"cedaw-c-gc-39","idx":7,"n":7,"text":"7. In implementing the present general recommendation, the Committee calls upon States parties to take into consideration the challenging context in which Indigenous women and girls exercise and defend their human rights. They are heavily affected by existential threats connected to climate change, environmental degradation, the loss of biodiversity and barriers in gaining access to food and water security.[[fn:4]] Extractive activities carried out by business enterprises and other industrial, financial, public and private actors often have a devastating impact on the environment, air, land, waterways, oceans, territories and natural resources of Indigenous Peoples and may infringe the rights of Indigenous women and girls. Indigenous women and girls are at the forefront of the local, national and international demand and action for a clean, safe, healthy and sustainable environment. Many Indigenous women who are environmental human rights defenders face killings, harassment, criminalization and the ongoing discrediting of their work. States parties have an obligation to ensure that State actors and business enterprises take measures without delay to guarantee a clean, healthy and sustainable environment and planetary system, including the prevention of foreseeable loss and damage, socioeconomic and environmental violence, and all forms of violence against Indigenous women who are environmental human rights defenders and their communities and territories. States parties also have an obligation to address the effects of colonialism, racism, assimilation policies, sexism, poverty, armed conflicts, militarization, forced displacement and the loss of territories, sexual violence as a tool of war, and other alarming human rights abuses frequently perpetrated against Indigenous women and girls and their communities.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":4,"text":"General recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change, paras. 1–9."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-39-0008","docId":"cedaw-c-gc-39","idx":8,"n":8,"text":"8. The Committee considers self-identification, according to international standards,[[fn:5]] to be a guiding principle in international law in determining the status of rights holders as Indigenous women and girls.[[fn:6]] However, the Committee recognizes that some Indigenous women and girls may prefer not to disclose their status owing to structural and systemic racism and discrimination, as well as colonial and colonization policies. The present general recommendation and the rights under the Convention are applicable to all Indigenous women and girls, inside and outside their territories; in their countries of origin, in transit and in their countries of destination; and as migrants, as refugees during their forced or involuntary displacement cycle and as stateless persons.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":5,"text":"United Nations Declaration on the Rights of Indigenous Peoples, arts. 9 and 33."},{"n":6,"text":"Ibid., art. 33.1; see also ILO, Indigenous and Tribal Peoples Convention No. 169, art. 1; United Nations Permanent Forum on Indigenous Issues, “Who are Indigenous Peoples?”, fact sheet; and working paper on the concept of Indigenous Peoples (E/CN.4/Sub.2/AC.4/1996/2, paras. 69–70)."}],"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-39-0009","docId":"cedaw-c-gc-39","idx":9,"n":9,"text":"9. Gender-based violence, including psychological, physical, sexual, economic, spiritual, political and environmental violence, is adversely affecting the lives of many Indigenous women and girls. Indigenous women often suffer violence in the home, in the workplace and in public and educational institutions; while receiving health services and navigating child welfare systems; as leaders in political and community life; as human rights defenders; when deprived of liberty; and when confined to institutions. Indigenous women and girls are disproportionately at risk of rape and sexual harassment; gender-based killings and femicide; disappearances and kidnapping; trafficking in persons;[[fn:7]] contemporary forms of slavery; exploitation, including exploitation of prostitution of women;[[fn:8]] sexual servitude; forced labour; coerced pregnancies; State policies mandating forced contraception and intrauterine devices; and domestic work that is not decent, safe or adequately remunerated.[[fn:9]] The Committee highlights, in particular, the gravity of discrimination and gender-based violence against Indigenous women and girls with disabilities who are living in institutions.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":7,"text":"General recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration, paras. 18–35."},{"n":8,"text":"Convention on the Elimination of All Forms of Discrimination against Women, art. 6."},{"n":9,"text":"CEDAW/C/OP.8/CAN/1, paras. 95–99 and 111–127."}],"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-39-0010","docId":"cedaw-c-gc-39","idx":10,"n":10,"text":"10. The Committee calls upon States parties to promptly engage in data collection efforts to fully assess the situation of Indigenous women and girls and the forms of discrimination and gender-based violence that they face. States must undertake efforts to collect data, disaggregated by a range of factors, including sex; age; Indigenous origin, status or identity; and disability status, and collaborate with Indigenous women and their organizations, as well as academic institutions and non-profit organizations, in that regard. The Committee also underscores that Indigenous Peoples must have control over data collection processes in their communities and over how the data are stored, interpreted, used and shared.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-39-0011","docId":"cedaw-c-gc-39","idx":11,"n":11,"text":"11. One of the root causes of discrimination against Indigenous women and girls is the lack of effective implementation of their rights to self-determination and autonomy and related guarantees, as manifested, inter alia, in their continued dispossession of their lands, territories and natural resources. The Committee acknowledges that the vital link between Indigenous women and their lands often forms the basis of their culture, identity, spirituality, ancestral knowledge and survival. Indigenous women face a lack of legal recognition of their rights to land and territories and wide gaps in the implementation of existing laws to protect their collective rights. Governments and third-party actors frequently carry out activities related to investment, infrastructure, development, conservation, climate change adaptation and mitigation initiatives, tourism, mining, logging and extraction without securing the effective participation and obtaining the consent of the Indigenous Peoples affected. The Committee has a broad understanding of the right of Indigenous women and girls to self-determination, including their ability to make autonomous, free and informed decisions concerning their life plans and health.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-39-0012","docId":"cedaw-c-gc-39","idx":12,"n":12,"text":"12. The Committee acknowledges that Indigenous women and girls have struggled and continue to struggle against forced assimilation policies and other large-scale human rights violations, which may in certain instances amount to genocide.[[fn:10]] Some of these assimilation policies – in particular the forced placement in residential schools and institutions and the displacement of Indigenous Peoples from their territories in the name of development – have resulted in killings, disappearances, sexual violence and psychological abuse, and may amount to cultural genocide.[[fn:11]] It is critical for States parties to address the consequences of historic injustices and to provide support and reparations to the affected communities as part of the process of ensuring justice, reconciliation and the building of societies free from discrimination and gender-based violence against Indigenous women and girls. The Committee highlights, in particular, the need for States to act proactively to protect the rights of Indigenous women and girls living in urban settings, where they face racism, discrimination, assimilation policies and gender-based violence.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":10,"text":"See United Nations Declaration on the Rights of Indigenous Peoples, art. 8; Convention on the Prevention and Punishment of the Crime of Genocide, art. II; and Rome Statute of the International Criminal Court, art. 6."},{"n":11,"text":"See United Nations Declaration on the Rights of Indigenous Peoples, art. 8."}],"section":["II. Objectives and scope"]},{"id":"cedaw-c-gc-39-0013","docId":"cedaw-c-gc-39","idx":13,"n":13,"text":"13. The rights of Indigenous women and girls derive from the articles of the Convention, as further developed in the Committee’s general recommendations, and from specific international instruments for the protection of the rights of Indigenous Peoples, such as the United Nations Declaration on the Rights of Indigenous Peoples and the International Labour Organization (ILO) Convention, 1989 (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries. The Committee considers the Declaration an authoritative framework for interpreting State party and core obligations under the Convention on the Elimination of All Forms of Discrimination against Women. All of the rights recognized in the Declaration are relevant to Indigenous women, both as members of their peoples and communities and as individuals, and, ultimately, in relation to the guarantees against discrimination in the Convention itself. In addition, all core international human rights treaties contain relevant protections for the rights of Indigenous women and girls.[[fn:12]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":12,"text":"See Committee on the Elimination of Racial Discrimination, general recommendation No. 23 (1997) on the rights of indigenous peoples, paras. 3–6."}],"section":["III. Legal framework"]},{"id":"cedaw-c-gc-39-0014","docId":"cedaw-c-gc-39","idx":14,"n":14,"text":"14. In addressing the rights of Indigenous girls, the Committee also makes reference to the Convention on the Rights of the Child and to the Committee on the Rights of the Child general comment No. 11 (2009) on indigenous children and their rights. States parties have an obligation to protect Indigenous girls from all forms of discrimination. The creation of an enabling and safe environment for the leadership and effective participation of Indigenous girls is paramount to the full enjoyment of their rights to territories, culture and a clean, healthy and sustainable environment.[[fn:13]] The Committee on the Elimination of Discrimination against Women recognizes, moreover, the status of Indigenous girls as developing women, which calls for a State response tailored to their best interests and needs and the adaptation of government procedures and services to the age, development, evolving capacities, and condition of Indigenous girls.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":13,"text":"Committee on the Rights of the Child, general comment No. 12 (2009) on the right of the child to be heard, para. 2."}],"section":["III. Legal framework"]},{"id":"cedaw-c-gc-39-0015","docId":"cedaw-c-gc-39","idx":15,"n":15,"text":"15. The Convention on the Elimination of All Forms of Discrimination against Women should also be interpreted in a manner that takes into consideration the 2030 Agenda for Sustainable Development, in which States agreed that the achievement of gender equality and the empowerment of women and girls is paramount to sustainable development and the end of poverty.[[fn:14]] The Beijing Declaration and Platform for Action is also an important reference document in the present general recommendation. The Committee also makes reference to the resolutions adopted by the Commission on the Status of Women related to Indigenous women.[[fn:15]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":14,"text":"General Assembly resolution 70/1, para. 20. See also targets 2.3 and 4.5 of the Sustainable Development Goals, as well as Goal 5."},{"n":15,"text":"See Commission on the Status of Women resolutions 49/7 and 56/4. See also the agreed conclusions of the Commission at its sixty-sixth session (E/2022/27, chap. I, sect. A.)."}],"section":["III. Legal framework"]},{"id":"cedaw-c-gc-39-0016","docId":"cedaw-c-gc-39","idx":16,"n":16,"text":"16. The prohibition of discrimination in articles 1 and 2 of the Convention applies to all rights of Indigenous women and girls under the Convention, including, by extension, those set out in the Declaration, which is of fundamental importance to the interpretation of the Convention in the current context. The prohibition of discrimination is an important pillar and foundational principle of international human rights law. Indigenous women and girls have the right to be free from all forms of discrimination on the basis of their sex; gender; Indigenous origin, status or identity; race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status, among other factors.[[fn:16]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":16,"text":"General recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, para. 9; and United Nations Declaration on the Rights of Indigenous Peoples, para. 2."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-39-0017","docId":"cedaw-c-gc-39","idx":17,"n":17,"text":"17. Discrimination against Indigenous women and girls and its effects should be understood in both their individual and collective dimensions. In its individual dimension, discrimination against Indigenous women and girls takes intersecting forms and is carried out by both State and non-State actors, including those in the private sphere, on the basis of sex; gender; Indigenous origin, status or identity; race; ethnicity; disability; age; language; socioeconomic status; and HIV/AIDS status; among other factors. Racism, discriminatory stereotypes, marginalization and gender-based violence are interrelated violations experienced by Indigenous women and girls. Discrimination and gender-based violence threaten the individual autonomy, personal liberty and security, privacy and integrity of all Indigenous women and girls and may also harm the collective and its well-being. As indicated in general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, Indigenous women as individuals can suffer discrimination in the name of ideology, tradition, culture, religious and customary laws and practices. In addition, Indigenous women, including those with disabilities, often face the arbitrary removal and abduction of their children. They also face discriminatory and gender-biased decisions concerning the custody of their children – whether married or unmarried – or alimony following divorce. Indigenous women and girls as individuals have the right to be free from discrimination and human rights violations throughout their life cycle and to choose their own paths and life plans.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"]},{"id":"cedaw-c-gc-39-0018","docId":"cedaw-c-gc-39","idx":18,"n":18,"text":"18. In its collective dimension, discrimination, together with gender-based violence, against Indigenous women and girls threatens and disrupts the spiritual life, connection with Mother Earth, cultural integrity and survival, and social fabric of Indigenous Peoples and communities. Discrimination and gender-based violence have a harmful effect on the continuance and preservation of the knowledge, cultures, views, identities and traditions of Indigenous Peoples. The failure to protect the rights to self-determination, collective security of tenure over ancestral lands and resources, and effective participation and consent of Indigenous women in all matters affecting them constitutes discrimination against them and their communities.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"]},{"id":"cedaw-c-gc-39-0019","docId":"cedaw-c-gc-39","idx":19,"n":19,"text":"19. As indicated in the preamble to the Declaration, collective rights are indispensable for the existence, well-being and integral development of Indigenous Peoples, including Indigenous women and girls. The individual rights of Indigenous women and girls should never be neglected or violated in the pursuit of collective or group interests, as respect for both dimensions of their human rights is essential.[[fn:17]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":17,"text":"Committee on the Rights of the Child, general comment No. 11 (2009) on indigenous children and their rights under the Convention, para. 30."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"]},{"id":"cedaw-c-gc-39-0020","docId":"cedaw-c-gc-39","idx":20,"n":20,"text":"20. Discrimination against Indigenous women and girls is perpetuated by gender stereotypes but also by forms of racism fuelled by colonialism and militarization. These underlying causes of discrimination are reflected directly and indirectly in laws and policies that impede the access of Indigenous women and girls to land use and ownership, the exercise of their rights over their territories, natural and economic resources, and their access to credit, financial services and income-generating opportunities. The underlying causes also impede the recognition and protection of and support for collective and cooperative forms of land ownership and use. Legal protections for the land rights of Indigenous women remain weak, which frequently exposes them to dispossession, displacement, confinement, expropriation and exploitation.[[fn:18]] The lack of legal title to the territories of Indigenous Peoples increases their vulnerability to illegal incursions and to the implementation of development projects without their free, prior and informed consent by both State and non-State actors. Indigenous women and girls – in particular those who are widows, heads of households or orphans – disproportionately face barriers in gaining access to land, resulting in the loss of their livelihoods and threatening their culture, their intrinsic link to their environment, their food and water security and their health.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":18,"text":"A/HRC/30/41, paras. 15–17."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"]},{"id":"cedaw-c-gc-39-0021","docId":"cedaw-c-gc-39","idx":21,"n":21,"text":"21. Indigenous women and girls worldwide still do not enjoy equality before the law under article 15 of the Convention. In many parts of the world, Indigenous women lack the capacity to conclude contracts and administer property independent of their husband or a male guardian. They also experience challenges in owning, holding, controlling, inheriting and administering land, in particular when they are widowed and have to care for their families on their own. Inheritance laws – in both the State and Indigenous legal systems – frequently discriminate against Indigenous women. Indigenous women with disabilities commonly experience the denial of legal capacity, which leads to further human rights violations, including in the areas of access to justice, institutionalized violence and forced sterilization. Contrary to article 9 of the Convention, many laws still discriminate against Indigenous women and girls in relation to the transmission of their nationality and Indigenous status to their children when they marry non-Indigenous persons. These laws can result in transgenerational discrimination and forced assimilation, which fall within the scope and meaning of discrimination against women as defined in article 1 of the Convention.[[fn:19]] Therefore, States must ensure that Indigenous women and girls can acquire, change, retain or renounce their nationality and/or Indigenous status, transfer it to their children and spouse and have access to information on these rights, as part of ensuring their rights to self-determination and self-identification.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":19,"text":"See, for example, CEDAW/C/81/D/68/2014, para. 18.3."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-39-0022","docId":"cedaw-c-gc-39","idx":22,"n":22,"text":"22. The Committee, in its general recommendation No. 34 (2016) on the rights of rural women, underscored the importance of the rights of Indigenous women to land and collective ownership, natural resources, water, seeds, forests and fisheries under article 14 of the Convention.[[fn:20]] These rights are also guaranteed to Indigenous women as members of their peoples and communities by the Declaration and related international legal norms. The key barriers to these rights are the incompatibility of national laws with international law; the ineffective implementation of laws at the national and local levels; discriminatory gender stereotypes and practices, in particular in rural areas; lack of political will; and the commercialization, commodification and financialization of land and natural resources. Indigenous customary laws, misogyny and existing institutions may also be barriers. Indigenous women with disabilities often face intersecting forms of discrimination on the basis of their sex; gender; disability; and Indigenous origin, status or identity, reflected in the denial of their full legal capacity, which further increases their risk exposure to exploitation, violence and abuse and undermines their rights to land, territories and resources.[[fn:21]] Moreover, lesbian, bisexual, transgender and intersex Indigenous women and girls regularly face intersecting forms of discrimination. The Committee is concerned about the forms of inequality, discrimination and gender-based violence that affect Indigenous women and girls in the digital space, including the Internet, social media and all technology platforms.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":20,"text":"Para. 56."},{"n":21,"text":"Department of Economic and Social Affairs, State of the World’s Indigenous Peoples, vol. 5, p. 121."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-39-0023","docId":"cedaw-c-gc-39","idx":23,"n":23,"text":"23. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","A. Equality and non-discrimination, with a focus on Indigenous women and girls and intersecting forms of discrimination"]},{"id":"cedaw-c-gc-39-0024","docId":"cedaw-c-gc-39","idx":24,"n":24,"text":"24. Access to justice for Indigenous women requires a multidisciplinary and holistic approach that reflects an understanding that their access is linked to other human rights challenges that they face, including racism, racial discrimination and the effects of colonialism; sex- and gender-based discrimination; discrimination on the basis of socioeconomic status; disability-based discrimination; barriers in gaining access to their lands, territories and natural resources; the lack of adequate and culturally pertinent health and education services; and disruptions and threats to their spiritual lives.[[fn:23]] As indicated by other global human rights mechanisms, Indigenous Peoples must have access to justice that is guaranteed both by States and through their Indigenous customary and legal systems.[[fn:24]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":23,"text":"See A/HRC/EMRIP/2014/3/Rev.1, paras. 35–42; and Inter-American Commission on Human Rights, Indigenous Women and their Human Rights in the Americas (OEA/Ser.L/V/II. Doc. 44/17, para. 138)."},{"n":24,"text":"A/HRC/24/50, para. 5."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0025","docId":"cedaw-c-gc-39","idx":25,"n":25,"text":"25. The Committee reiterates that the right of Indigenous Peoples to maintain their own judicial structures and systems is a fundamental component of their rights to autonomy and self-determination.[[fn:25]] At the same time, Indigenous justice systems and their practices should be consistent with international human rights standards, as indicated in the Declaration.[[fn:26]] Accordingly, the Committee considers the Convention an important reference for both non-Indigenous and Indigenous justice systems in addressing cases related to discrimination against Indigenous women and girls.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":25,"text":"United Nations Declaration on the Rights of Indigenous Peoples, art. 34; and general recommendation No. 33 (2015) on women’s access to justice, para. 5."},{"n":26,"text":"Article 34 of the Declaration provides that Indigenous Peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0026","docId":"cedaw-c-gc-39","idx":26,"n":26,"text":"26. In its general recommendation No. 33 (2015) on women’s access to justice, the Committee recognized six essential components of access.[[fn:27]] These interrelated components – justiciability, availability, accessibility, good quality, provision of remedies for victims, and accountability of justice systems – are also applicable in the case of Indigenous women and girls, who should be provided with access to justice and remedies with a gender perspective, an intersectional perspective, an Indigenous women and girls perspective, an intercultural perspective and a multidisciplinary perspective, as defined in paragraphs 4 and 5 of the present general recommendation.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":27,"text":"Para. 14."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0027","docId":"cedaw-c-gc-39","idx":27,"n":27,"text":"27. According to the six essential components, States must ensure that all justice systems, both Indigenous and non-Indigenous, act in a timely fashion to offer appropriate and effective remedies for Indigenous women and girls who are victims and survivors of discrimination and gender-based violence. Doing so entails having available interpreters, translators, anthropologists, psychologists, health-care professionals, lawyers, cultural mediators with experience, and Indigenous spiritual and medicinal authorities, as well as training, incorporating a gender perspective, on the realities, cultures and views of Indigenous women and girls. Justice systems should also have in place methods to collect evidence that are appropriate and compatible with their culture and views. Justice officials should be consistently trained on the rights of Indigenous women and girls and the individual and collective dimensions of their identity, with the goal of instilling in the officials a substantial degree of Indigenous cultural competence. In that regard, it is key to respect the different conceptions of justice and processes that non-Indigenous and Indigenous systems have, and to actively listen to and collaborate with Indigenous Peoples. Justice can be a process of reconciliation and healing for them, with the goal of restoring harmony to their territories and communities.[[fn:28]] States should also proactively recruit and appoint Indigenous women justices.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":28,"text":"A/HRC/42/37, para. 25."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0028","docId":"cedaw-c-gc-39","idx":28,"n":28,"text":"28. States parties should ensure the establishment, maintenance and funding of courts and judicial and other bodies throughout their territories in urban, rural and remote areas. Indigenous justice systems should also be easily available, adequate and effective. Information on how to avail themselves of judicial avenues in both the non-Indigenous and Indigenous justice systems should be available to and disseminated among Indigenous women and girls. Basic judicial services and free legal aid services should be available in close proximity to Indigenous women and communities. States must adopt measures to ensure that Indigenous women know where to seek justice and that justice systems are accessible, fair and affordable.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0029","docId":"cedaw-c-gc-39","idx":29,"n":29,"text":"29. Indigenous women face obstacles in their access to both non-Indigenous and Indigenous justice systems which can be particularly acute in the case of Indigenous women and girls with disabilities. They are routinely denied their right to a legal remedy. As a result, many cases of discrimination and gender-based violence against Indigenous women and girls end in impunity. The barriers that they encounter in gaining access to justice and reparations include a lack of information in Indigenous languages on the legal remedies available in both non-Indigenous and Indigenous justice systems. Other barriers include the costs of legal assistance and the lack of free legal aid; disrespect of due process guarantees; absence of interpreters, including for sign language; court fees; long distances to courts; reprisals and retribution against those who report crimes; lack of identity cards and forms of identification; and lack of training for justice officials on the rights and specific needs of Indigenous women and girls. Indigenous women and girls with disabilities frequently face barriers with regard to the physical accessibility of buildings that house law enforcement agencies and the judiciary, and to the accessibility of critical information, transportation, communications, procedures and support services.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0030","docId":"cedaw-c-gc-39","idx":30,"n":30,"text":"30. In non-Indigenous justice systems, Indigenous women and girls frequently face racism, structural and systemic racial discrimination, and forms of marginalization, and often have to participate in procedures that are not culturally appropriate and do not take into account Indigenous traditions and practices. Judicial structures tend to reflect ongoing colonialism. Obstacles include the remoteness of Indigenous territories, which force Indigenous women and girls to travel long distances to file complaints; illiteracy; and lack of knowledge of existing laws and judicial avenues. Indigenous women are often not provided with the interpretation services that are necessary for them to fully participate in legal proceedings, and there is a lack of culturally appropriate methods of evidence collection. Among justice officials, there is a dearth of training on the rights of Indigenous women and girls in their individual and collective dimensions. Indigenous women and girls also have limited access to specialized medical care when they suffer acts of rape and sexual violence.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0031","docId":"cedaw-c-gc-39","idx":31,"n":31,"text":"31. Often, Indigenous justice systems are male dominated, and they discriminate against women and girls, providing limited space for them to participate, voice their concerns and hold decision-making positions.[[fn:29]] The Committee has expressed its concern in the past about the influence of gender stereotypes on the activity of Indigenous legal systems.[[fn:30]] In general, the Committee has recommended that both Indigenous and non-Indigenous justice systems adopt measures to comply with international human rights standards.[[fn:31]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":29,"text":"A/HRC/30/41, para. 42."},{"n":30,"text":"CEDAW/C/MEX/CO/7-8, para. 34."},{"n":31,"text":"General recommendation No. 33, para. 62."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0032","docId":"cedaw-c-gc-39","idx":32,"n":32,"text":"32. Indigenous women also tend to be overrepresented in prisons, affected by arbitrary pretrial detention and face discrimination, gender-based violence, inhumane treatment and forms of torture when they are in conflict with the law. These problems are aggravated by deficiencies in the legal support provided by legal aid counsel. The Committee highlights the right of every Indigenous girl who is in conflict with the law to a fair trial, equality before the law and the equal protection of the law.[[fn:32]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":32,"text":"Committee on the Rights of the Child, general comment No. 24 (2019) on children’s rights in the child justice system, paras. 40, 49 and 103."}],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0033","docId":"cedaw-c-gc-39","idx":33,"n":33,"text":"33. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["IV. General obligations of States parties in relation to the rights of Indigenous women and girls under articles 1 and 2 of the Convention","B. Access to justice and plural legal systems"]},{"id":"cedaw-c-gc-39-0034","docId":"cedaw-c-gc-39","idx":34,"n":34,"text":"34. Gender-based violence against Indigenous women and girls is a form of discrimination under article 1 of the Convention and, therefore, engages all obligations under the Convention. Under article 2 of the Convention, States parties must adopt measures without delay to prevent and eliminate all forms of gender-based violence against Indigenous women and girls.[[fn:35]] Similarly, article 22 of the Declaration requires States to pay particular attention to the full protection of the rights of Indigenous women and to ensure their right to live free from violence and discrimination. The prohibition of gender-based violence against women is a principle of customary international law and applies to Indigenous women and girls.[[fn:36]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":35,"text":"General recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, para. 21."},{"n":36,"text":"Ibid., para. 2."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"22","source":"regex"}]},{"id":"cedaw-c-gc-39-0035","docId":"cedaw-c-gc-39","idx":35,"n":35,"text":"35. Gender-based violence disproportionately affects Indigenous women and girls. Available statistics indicate that Indigenous women are more likely to experience rape than non-Indigenous women.[[fn:37]] It is estimated that one in three Indigenous women is raped during her lifetime.[[fn:38]] While there is a growing body of evidence of the magnitude, nature and consequences of gender-based violence globally, knowledge of its incidence against Indigenous women is limited and tends to vary considerably by issue and region.[[fn:39]] The Committee highlights the need for States to engage in data collection efforts, in collaboration with Indigenous organizations and communities, to understand the scope of the problem of gender-based violence against Indigenous women and girls. It also highlights the need for discrimination, stereotypes and social legitimization of gender-based violence against them to be addressed by States.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":37,"text":"A/HRC/30/41, para. 47."},{"n":38,"text":"Ibid."},{"n":39,"text":"UN-Women and others, Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women (New York, 2013), p. 4. See also Inter-Agency Support Group on Indigenous Peoples’ Issues, “Elimination and responses to violence, exploitation and abuse of indigenous girls, adolescents and young women”, thematic paper towards the preparation on of the World Conference on Indigenous Peoples, pp. 1–2 and 4–10."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0036","docId":"cedaw-c-gc-39","idx":36,"n":36,"text":"36. The Committee is alarmed at the many forms of gender-based violence committed against Indigenous women and girls,[[fn:40]] which occurs in all spaces and spheres of human interaction, including the family,[[fn:41]] community, public spaces, the workplace, educational settings and the digital space.[[fn:42]] Violence can be psychological, physical, sexual, economic, political or a form of torture. Spiritual violence is frequently perpetrated against Indigenous women and girls, harming the collective identity of their communities and their connection to their spiritual life, culture, territories, environment and natural resources. Violence against Indigenous women and girls with disabilities and older Indigenous women often occurs in institutions, in particular those that are closed and segregated. Indigenous women and girls are frequently victims of rape, harassment, disappearances, killings and femicide.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":40,"text":"A/HRC/50/26, paras. 7–10 and 24–34."},{"n":41,"text":"A/HRC/30/41, paras. 113–117."},{"n":42,"text":"General recommendation No. 35, para. 20."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0037","docId":"cedaw-c-gc-39","idx":37,"n":37,"text":"37. Forced displacement is a major form of violence that affects Indigenous women and girls, severing their connection to their lands, territories and natural resources and permanently harming their life plans and communities. They are also adversely affected by environmental violence, which can take the form of environmental harm, degradation, pollution or State failures to prevent foreseeable harm connected to climate change. Other forms of violence affecting them include the exploitation of prostitution; contemporary forms of slavery, such as domestic servitude; forced surrogacy; the targeting of older unmarried women as witches or carriers of bad spirits; the stigmatization of married women who cannot bear children; and female genital mutilation. The Committee underscores, in particular, the problem of trafficking in persons affecting Indigenous women and girls, resulting from the militarization of Indigenous territories by national armies, organized crime, mining and logging operations and drug cartels, as well as the expansion of military bases on Indigenous lands and territories.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0038","docId":"cedaw-c-gc-39","idx":38,"n":38,"text":"38. Gender-based violence against Indigenous women and girls is drastically underreported, and perpetrators regularly enjoy impunity, owing to Indigenous women’s and girls’ extremely limited access to justice, as well as biased or flawed criminal justice systems[[fn:43]] Racism, marginalization, poverty, and alcohol and substance abuse increase the risk of gender-based violence against them.[[fn:44]] They suffer gender-based violence perpetrated or tolerated by both State and non-State actors. State actors include members of governments, armed forces, law enforcement authorities and public institutions, including in the health and education sectors and in prisons.[[fn:45]] Non-State actors include private individuals, businesses, private companies, paramilitary and rebel groups, illegal actors, and religious institutions.[[fn:46]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":43,"text":"CEDAW/C/OP.8/CAN/1, paras. 132–172."},{"n":44,"text":"Inter-American Commission on Human Rights, Indigenous Women and their Rights in the Americas, paras. 85 and 86."},{"n":45,"text":"UN-Women and others, Breaking the Silence, pp. 13–16, 19 and 20."},{"n":46,"text":"Ibid."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0039","docId":"cedaw-c-gc-39","idx":39,"n":39,"text":"39. States parties have a due diligence obligation to prevent, investigate and punish perpetrators and to provide reparations to Indigenous women and girls who are victims of gender-based violence. This obligation is applicable to both nonIndigenous and Indigenous justice systems.[[fn:47]] Due diligence should be implemented with gender, intersectional, Indigenous women, intercultural and multidisciplinary perspectives, as defined in paragraphs 4 and 5, and bearing in mind the gendered causes and impacts of the violence experienced by Indigenous women.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":47,"text":"Inter-American Commission on Human Rights, Indigenous Women, para. 230. See also general recommendation No. 33, para. 64."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0040","docId":"cedaw-c-gc-39","idx":40,"n":40,"text":"40. Gender-based violence against Indigenous women and girls undermines the collective spiritual, cultural and social fabric of Indigenous Peoples and their communities and causes collective and sometimes intergenerational harm. Sexual violence against Indigenous women and girls has been used by a plurality of actors during armed conflicts and times of unrest as a weapon of war and as a strategy to control and harm Indigenous communities.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0041","docId":"cedaw-c-gc-39","idx":41,"n":41,"text":"41. States should have an effective legal framework and adequate support services in place to address such gender-based violence. Such frameworks must include measures to prevent, investigate, punish perpetrators, and provide assistance and reparations to Indigenous women and girls who are victims, as well as services to address and mitigate the harmful effects of gender-based violence. This general obligation extends to all areas of State action, including legislative, executive and judicial branches, at the regional, national and local levels, as well as privatized services. It requires the formulation of legal norms, including at the constitutional level, and the design of public policies, programmes, institutional frameworks and monitoring mechanisms aimed at eliminating all forms of gender-based violence against Indigenous women and girls, whether committed by State or non-State actors.[[fn:48]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":48,"text":"General recommendation No. 35, para. 24 (b)."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0042","docId":"cedaw-c-gc-39","idx":42,"n":42,"text":"42. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","A. Prevention of and protection from gender-based violence against Indigenous women and girls (arts. 3, 5, 6, 10 (c), 11, 12, 14 and 16)"]},{"id":"cedaw-c-gc-39-0043","docId":"cedaw-c-gc-39","idx":43,"n":43,"text":"43. Indigenous women and girls tend to be excluded from decision-making in local, national and international processes, as well as in their own communities and Indigenous systems.[[fn:50]] Under article 7 of the Convention, they have the right to effective participation at all levels in political, public and community life. This right includes participation in decision-making within their communities, as well as with ancestral and other authorities; consent and consultation processes over economic activities carried out by State and private actors in Indigenous territories; public service and decision-making positions at the local, national regional and international levels; and their work as human rights defenders.[[fn:51]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":50,"text":"A/HRC/30/41, paras. 38 and 39."},{"n":51,"text":"See United Nations High Commissioner for Human Rights, guidelines for States on the effective implementation of the right to participate in public affairs, pp. 10–19."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","B. Right to effective participation in political and public life (arts. 7, 8 and 14)"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-39-0044","docId":"cedaw-c-gc-39","idx":44,"n":44,"text":"44. Indigenous women and girls face multiple and intersecting barriers to effective, meaningful and real participation. Such barriers include political violence; lack of or unequal educational opportunities; illiteracy; racism; sexism; discrimination based on class and economic status; language constraints; the need to travel long distances to gain access to any form of participation; the denial of access to health-care services, including sexual and reproductive health care and rights; and the lack of access to, economic support for and information on legal, political, institutional, community and civil society processes to vote, run for political office, organize campaigns and secure funding. The barriers to participation can be particularly high in armed conflict contexts, including in transitional justice processes, in which Indigenous women and girls and their organizations are often excluded from peace negotiations or attacked and threatened when they do try to participate. States parties should act promptly to ensure that all Indigenous women and girls have access to computers, the Internet and other forms of technology to facilitate their full inclusion in the digital world.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","B. Right to effective participation in political and public life (arts. 7, 8 and 14)"]},{"id":"cedaw-c-gc-39-0045","docId":"cedaw-c-gc-39","idx":45,"n":45,"text":"45. The Committee acknowledges the threats faced by Indigenous women human rights defenders, whose work is protected by the right to participate in political and public life. At particular risk are Indigenous women and girls who are environmental human rights defenders in the course of advancing their land and territorial rights, and those opposing the implementation of development projects without the free, prior and informed consent of the Indigenous Peoples concerned. In many cases, Indigenous women and girl human rights defenders face killings; threats and harassment; arbitrary detentions; forms of torture; and the criminalization, stigmatization and discrediting of their work. Many Indigenous women and girls’ organizations face obstacles to their recognition as legal entities at the national level, the lack of which challenges their access to funding and their ability to work freely and independently. The Committee considers that States parties should adopt immediate gender-responsive measures to publicly recognize, support and protect the life, liberty, security and self-determination of Indigenous women and girl human rights defenders, and to ensure safe conditions and an enabling environment for their advocacy work, free from discrimination, racism, killings, harassment and violence.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","B. Right to effective participation in political and public life (arts. 7, 8 and 14)"]},{"id":"cedaw-c-gc-39-0046","docId":"cedaw-c-gc-39","idx":46,"n":46,"text":"46. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","B. Right to effective participation in political and public life (arts. 7, 8 and 14)"],"citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"},{"treaty":"CEDAW","article":"19","source":"regex"},{"treaty":"CEDAW","article":"32","source":"regex"}]},{"id":"cedaw-c-gc-39-0047","docId":"cedaw-c-gc-39","idx":47,"n":47,"text":"47. Indigenous women and girls face multiple barriers to enrolment, retention, and completion at all levels of education and in non-traditional fields.[[fn:54]] Some of the most important educational barriers for them include: the lack of education facilities designed, established or controlled by Indigenous Peoples; poverty; discriminatory gender stereotypes and marginalization;[[fn:55]] limited cultural relevance of educational curricula; instruction solely in the dominant language; and the scarcity of sexuality education. Indigenous women and girls frequently must travel long distances to schools and are at risk of gender-based violence en route and upon arrival. While at school, they may experience sexual violence, corporal punishment or bullying. Gender-based violence and discrimination in education is particularly acute when forced assimilation policies are implemented in schools. Indigenous girls with disabilities face particular barriers to access and retention, including lack of physical accessibility; school officials’ refusal to enrol them; and reliance on segregated schools for children with disabilities. Forced and/or child marriages, sexual violence and adolescent pregnancies, the disproportionate burden of family responsibilities, child work, natural disasters and armed conflicts can also hamper Indigenous girls’ access to school.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":54,"text":"General recommendation No. 36 (2017) on the right of girls and women to education, para. 41; and general recommendation No. 34, para. 42."},{"n":55,"text":"Ibid."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","C. Right to education (arts. 5 and 10)"]},{"id":"cedaw-c-gc-39-0048","docId":"cedaw-c-gc-39","idx":48,"n":48,"text":"48. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","C. Right to education (arts. 5 and 10)"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-39-0049","docId":"cedaw-c-gc-39","idx":49,"n":49,"text":"49. Indigenous women have limited access to decent, safe and adequately remunerated employment, which undermines their economic autonomy. They contribute significantly to the agricultural sector but are overrepresented in subsistence agriculture; low-skilled, part-time, seasonal, low-paid or unpaid jobs; and home-based activities. A significant number of Indigenous women and girls also engage in domestic work with low remuneration and unsafe working conditions. Their overrepresentation in informal employment translates into weak income, benefits and social protection. They also face discriminatory gender stereotypes and racial prejudice in the workplace, including frequent prohibition from wearing their attire or using their languages. Indigenous women often face forms of gender-based violence and harassment at work, and their treatment can amount to forced labour and forms of slavery. States should create equal opportunities for Indigenous women and girls to gain access to the needed education and training necessary to increase their employment prospects and to facilitate their transition from the informal to the formal economy. States should also guarantee that Indigenous Peoples and women continue to pursue and benefit from their occupations, without discrimination.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","D. Right to work (arts. 11 and 14)"]},{"id":"cedaw-c-gc-39-0050","docId":"cedaw-c-gc-39","idx":50,"n":50,"text":"50. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","D. Right to work (arts. 11 and 14)"]},{"id":"cedaw-c-gc-39-0051","docId":"cedaw-c-gc-39","idx":51,"n":51,"text":"51. Indigenous women and girls have limited access to adequate health-care services, including sexual and reproductive health services and information, and face racial and gender-based discrimination in health systems. Their right to free, prior and informed consent is often not respected in the health sector. Health professionals are often race- and gender-biased, insensitive to the realities, culture and views of Indigenous women and do not speak Indigenous languages, and they rarely offer services respecting the dignity, privacy, informed consent and reproductive autonomy of Indigenous women. Indigenous women frequently experience difficulties in securing access to sexual and reproductive health information and education, including about family planning methods, contraception and access to safe and legal abortion. They are often victims of gender-based violence in the health system, including obstetrics violence; coercive practices, such as involuntary sterilizations or forced contraception; and barriers to their ability to decide on the number and spacing of their children. Indigenous midwives and birth attendants are often criminalized, and technical knowledge is undervalued by non-Indigenous health systems. Pandemics have a disproportionate impact on Indigenous women and girls, and States parties must ensure access to culturally acceptable health-care services, testing and vaccination during such emergencies.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","E. Right to health (arts. 10 and 12)"]},{"id":"cedaw-c-gc-39-0052","docId":"cedaw-c-gc-39","idx":52,"n":52,"text":"52. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","E. Right to health (arts. 10 and 12)"]},{"id":"cedaw-c-gc-39-0053","docId":"cedaw-c-gc-39","idx":53,"n":53,"text":"53. Culture is an essential component of the lives of Indigenous women and girls. It is intrinsically linked to their lands, territories, histories and community dynamics. There are many sources of culture for Indigenous women and girls, including languages, dress and the way they prepare food, practice Indigenous medicine, respect sacred places, practice religion and their traditions, and transmit the history and heritage of their communities and peoples. Indigenous women have a right not only to enjoy their culture but also to challenge aspects of their culture that they consider discriminatory, such as outdated laws, policies and practices contrary to international human rights law and gender equality. According to article 12 of the Convention on the Rights of the Child, Indigenous Girls also have the right to express their views and to participate in cultural matters affecting them, either directly or through a representative, in accordance with their age and maturity.[[fn:60]] States should also ensure that Indigenous women and girls can participate fully in sports and recreational activities, free from all forms of discrimination.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":60,"text":"Committee on the Rights of the Child, general comment No. 11, para. 38."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","F. Right to culture (arts. 3, 5, 13 and 14)"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"cedaw-c-gc-39-0054","docId":"cedaw-c-gc-39","idx":54,"n":54,"text":"54. The dispossession, lack of legal recognition and unauthorized use of Indigenous territories, lands and natural resources, as well as environmental degradation, including biodiversity loss, pollution and climate change, are direct threats to the self-determination, cultural integrity and survival of Indigenous women and girls, as are the unauthorized use and appropriation of their technical knowledge, spiritual practice, and cultural heritage by State actors and third parties. States should protect and preserve Indigenous languages, culture and knowledge, including through the use of digital tools; sanction the unauthorized appropriation and use of such languages, culture and knowledge; and respect and protect the lands, territories and sacred places of Indigenous Peoples.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","F. Right to culture (arts. 3, 5, 13 and 14)"]},{"id":"cedaw-c-gc-39-0055","docId":"cedaw-c-gc-39","idx":55,"n":55,"text":"55. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","F. Right to culture (arts. 3, 5, 13 and 14)"]},{"id":"cedaw-c-gc-39-0056","docId":"cedaw-c-gc-39","idx":56,"n":56,"text":"56. Land and territories are an integral part of the identity, views, livelihood, culture and spirit of Indigenous women and girls. Their lives, well-being, culture and survival are intrinsically linked to the use and enjoyment of their lands, territories and natural resources. The limited recognition of ownership of their ancestral territories; the absence of titles to their lands and legal protection of their traditions and heritage; and the lack of recognition of Indigenous Peoples’ land and native title rights at the treaty, constitutional and legislative levels in many countries[[fn:62]] undermine and fuel disrespect for their rights by State and private actors, specifically the rights to collective ownership, possession use and enjoyment of land and resources. Lack of recognition of Indigenous land rights can lead to poverty; food and water insecurity; and barriers to access to natural resources needed for survival, and can create unsafe conditions, which give rise to gender-based violence against Indigenous women and girls. States are required under international law to delimit, demarcate, title and ensure security of title to Indigenous Peoples’ territories to prevent discrimination against Indigenous women and girls.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":62,"text":"A/HRC/45/38, paras. 5–9."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","G. Rights to land, territories and natural resources (arts. 13 and 14)"]},{"id":"cedaw-c-gc-39-0057","docId":"cedaw-c-gc-39","idx":57,"n":57,"text":"57. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","G. Rights to land, territories and natural resources (arts. 13 and 14)"]},{"id":"cedaw-c-gc-39-0058","docId":"cedaw-c-gc-39","idx":58,"n":58,"text":"58. Indigenous women and girls have a key role in their communities in securing food, water and forms of livelihood and survival. The dispossession of their territories, forced displacement and lack of recognition of Indigenous land rights limits their opportunities to achieve food and water security and to manage these needed natural resources. The implementation of extractive and other economic activities and development projects can cause food and water contamination, disruption and degradation and can obstruct key forms of ancestral farming. Climate change and other forms of environmental degradation also threaten food security and contaminate and disrupt water supplies. States should adopt urgent measures to ensure that Indigenous women and girls have adequate access to sufficient food, nutrition and water. Of particular concern is the increasing commercialization of seeds, which are an essential part of the ancestral knowledge and cultural heritage of Indigenous Peoples. This commercialization of seeds often occurs without benefit-sharing with Indigenous women. The proliferation of transgenic or genetically modified crops is of concern to Indigenous Peoples and often occurs without the participation of Indigenous women or girls.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","H. Rights to food, water and seeds (arts. 12 and 14)"]},{"id":"cedaw-c-gc-39-0059","docId":"cedaw-c-gc-39","idx":59,"n":59,"text":"59. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","H. Rights to food, water and seeds (arts. 12 and 14)"]},{"id":"cedaw-c-gc-39-0060","docId":"cedaw-c-gc-39","idx":60,"n":60,"text":"60. The right to a clean, healthy and sustainable environment encompasses a safe and stable climate; safe and adequate food and water; healthy ecosystems and biodiversity; a non-toxic environment; participation; access to information; and access to justice in environmental matters.[[fn:64]] Indigenous women and girls refer to “Mother Earth”, a concept that reflects the vital link that they have with a healthy environment and their lands, territories and natural resources. Human-caused pollution, contamination, deforestation, burning of fossil fuels and loss of biodiversity threaten that link. The failure of States to take adequate action to prevent, adapt to and remediate these serious instances of environmental harm constitutes a form of discrimination and violence against Indigenous women and girls that needs to be promptly addressed. Moreover, States should take steps to recognize the contribution of Indigenous women through their technical knowledge of biodiversity conservation and restoration, including them in decision-making, negotiations and discussions concerning climate action and mitigation and adaptation measures. States should also act promptly to support the work of Indigenous women and girls who are environmental human rights defenders and ensure their protection and security.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[{"n":64,"text":"See Human Rights Council resolution 48/13."}],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","I. Right to a clean, healthy and sustainable environment (arts. 12 and 14)"]},{"id":"cedaw-c-gc-39-0061","docId":"cedaw-c-gc-39","idx":61,"n":61,"text":"61. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2022,"footnotes":[],"section":["V. Obligations of States parties in relation to specific dimensions of the rights of Indigenous women and girls","I. Right to a clean, healthy and sustainable environment (arts. 12 and 14)"]},{"id":"a-49-38-0001","docId":"a-49-38","idx":1,"n":1,"text":"The Convention on the Elimination of All Forms of Discrimination against Women (General Assembly resolution 34/180, annex) affirms the equality of human rights for women and men in society and in the family. The Convention has an important place among international treaties concerned with human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["General recommendation No. 21:  Equality in marriage and family relations"]},{"id":"a-49-38-0002","docId":"a-49-38","idx":2,"n":2,"text":"Other conventions and declarations also confer great significance on the family and woman’s status within it. These include the Universal Declaration of Human Rights (General Assembly resolution 217/A (III)), the International Covenant on Civil and Political Rights (resolution 2200 A (XXI), annex), the Convention on the Nationality of Married Women (resolution 1040 (XI), annex), the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (resolution 1763 A (XVII), annex) and the subsequent Recommendation thereon (resolution 2018 (XX)) and the Nairobi Forward-looking Strategies for the Advancement of Women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["General recommendation No. 21:  Equality in marriage and family relations"]},{"id":"a-49-38-0003","docId":"a-49-38","idx":3,"n":3,"text":"The Convention on the Elimination of All Forms of Discrimination against Women recalls the inalienable rights of women which are already embodied in the above-mentioned conventions and declarations, but it goes further by recognizing the importance of culture and tradition in shaping the thinking and behaviour of men and women and the significant part they play in restricting the exercise of basic rights by women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["General recommendation No. 21:  Equality in marriage and family relations"]},{"id":"a-49-38-0004","docId":"a-49-38","idx":4,"n":4,"text":"The year 1994 has been designated by the General Assembly in its resolution 44/82 as the International Year of the Family. The Committee wishes to take the opportunity to stress the significance of compliance with women’s basic rights within the family as one of the measures which will support and encourage the national celebrations that will take place.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Background"]},{"id":"a-49-38-0005","docId":"a-49-38","idx":5,"n":5,"text":"Having chosen in this way to mark the International Year of the Family, the Committee wishes to analyse three articles in the Convention that have special significance for the status of women in the family: Article 9 1. States parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband. 2. States parties shall grant women equal rights with men with respect to the nationality of their children.","labels":["Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"}]},{"id":"a-49-38-0006","docId":"a-49-38","idx":6,"n":6,"text":"Nationality is critical to full participation in society. In general, States confer nationality on those who are born in that country. Nationality can also be acquired by reason of settlement or granted for humanitarian reasons such as statelessness. Without status as nationals or citizens, women are deprived of the right to vote or to stand for public office and may be denied access to public benefits and a choice of residence. Nationality should be capable of change by an adult woman and should not be arbitrarily removed because of marriage or dissolution of marriage or because her husband or father changes his nationality. Article 15 1. States parties shall accord to women equality with men before the law. 2. States parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. 3. States parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void. 4. States parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Comment"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"a-49-38-0007","docId":"a-49-38","idx":7,"n":7,"text":"When a woman cannot enter into a contract at all, or have access to financial credit, or can do so only with her husband’s or a male relative’s concurrence or guarantee, she is denied legal autonomy. Any such restriction prevents her from holding property as the sole owner and precludes her from the legal management of her own business or from entering into any other form of contract. Such restrictions seriously limit the woman’s ability to provide for herself and her dependants.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Comment"]},{"id":"a-49-38-0008","docId":"a-49-38","idx":8,"n":8,"text":"A woman’s right to bring litigation is limited in some countries by law or by her access to legal advice and her ability to seek redress from the courts. In others, her status as a witness or her evidence is accorded less respect or weight than that of a man. Such laws or customs limit the woman’s right effectively to pursue or retain her equal share of property and diminish her standing as an independent, responsible and valued member of her community. When countries limit a woman’s legal capacity by their laws, or permit individuals or institutions to do the same, they are denying women their rights to be equal with men and restricting women’s ability to provide for themselves and their dependants.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Comment"]},{"id":"a-49-38-0009","docId":"a-49-38","idx":9,"n":9,"text":"Domicile is a concept in common law countries referring to the country in which a person intends to reside and to whose jurisdiction she will submit. Domicile is originally acquired by a child through its parents but, in adulthood, denotes the country in which a person normally resides and in which she intends to reside permanently. As in the case of nationality, the examination of States parties’ reports demonstrates that a woman will not always be permitted at law to choose her own domicile. Domicile, like nationality, should be capable of change at willby an adult woman regardless of her marital status. Any restrictions on a woman’s right to choose a domicile on the same basis as a man may limit her access to the courts in the country in which she lives or prevent her from entering and leaving a country freely and in her own right.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Comment"]},{"id":"a-49-38-0010","docId":"a-49-38","idx":10,"n":10,"text":"Migrant women who live and work temporarily in another country should be permitted the same rights as men to have their spouses, partners and children join them.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Comment"]},{"id":"a-49-38-0011","docId":"a-49-38","idx":11,"n":11,"text":"Historically, human activity in public and private life has been viewed differently and regulated accordingly. In all societies women who have traditionally performed their roles in the private or domestic sphere have long had those activities treated as inferior.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Public and private life"]},{"id":"a-49-38-0012","docId":"a-49-38","idx":12,"n":12,"text":"As such activities are invaluable for the survival of society, there can be no justification for applying different and discriminatory laws or customs to them. Reports of States parties disclose that there are still countries where de jure equality does not exist. Women are thereby prevented from having equal access to resources and from enjoying equality of status in the family and society. Even where de jure equality exists, all societies assign different roles, which are regarded as inferior, to women. In this way, principles of justice and equality contained in particular in article 16 and also in articles 2, 5 and 24 of the Convention are being violated.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Public and private life"],"citedArticles":[{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"24","source":"regex"}]},{"id":"a-49-38-0013","docId":"a-49-38","idx":13,"n":13,"text":"The form and concept of the family can vary from State to State, and even between regions within a State. Whatever form it takes, and whatever the legal system, religion, custom or tradition within the country, the treatment of women in the family both at law and in private must accord with the principles of equality and justice for all people, as article 2 of the Convention requires.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Various forms of family"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"a-49-38-0014","docId":"a-49-38","idx":14,"n":14,"text":"States parties’ reports also disclose that polygamy is practised in a number of countries. Polygamous marriage contravenes a woman’s right to equality with men, and can have such serious emotional and financial consequences for her and her dependants that such marriages ought to be discouraged and prohibited. The Committee notes with concern that some States parties, whose constitutions guarantee equal rights, permit polygamous marriage in accordance with personal or customary law. This violates the constitutional rights of women, and breaches the provisions of article 5 (a) of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Polygamous marriages"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"a-49-38-0015","docId":"a-49-38","idx":15,"n":15,"text":"While most countries report that national constitutions and laws comply with the Convention, custom, tradition and failure to enforce these laws in reality contravene the Convention.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (a) and (b)"]},{"id":"a-49-38-0016","docId":"a-49-38","idx":16,"n":16,"text":"A woman’s right to choose a spouse and enter freely into marriage is central to her life and to her dignity and equality as a human being. An examination of States parties’ reports discloses that there are countries which, on the basis of custom, religious beliefs or the ethnic origins of particular groups of people, permit forced marriages or remarriages. Other countries allow a woman’s marriage to be arranged for payment or preferment and in others women’s poverty forces them to marry foreign nationals for financial security. Subject to reasonable restrictions based for example on a woman’s youth or consanguinity with her partner, a woman’s right to choose when, if, and whom she will marry must be protected and enforced at law.","labels":["Adolescents","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (a) and (b)"]},{"id":"a-49-38-0017","docId":"a-49-38","idx":17,"n":17,"text":"An examination of States parties’ reports discloses that many countries in their legal systems provide for the rights and responsibilities of married partners by relying on the application of common law principles, religious or customary law, rather than by complying with the principles contained in the Convention. These variations in law and practice relating to marriage have wide-ranging consequences for women, invariably restricting their rights to equal status and responsibility within marriage. Such limitations often result in the husband being accorded the status of head of household and primary decision maker and therefore contravene the provisions of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (c)"]},{"id":"a-49-38-0018","docId":"a-49-38","idx":18,"n":18,"text":"Moreover, generally a de facto union is not given legal protection at all. Women living in such relationships should have their equality of status with men both in family life and in the sharing of income and assets protected by law. Such women should share equal rights and responsibilities with men for the care and raising of dependent children or family members.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (c)"]},{"id":"a-49-38-0019","docId":"a-49-38","idx":19,"n":19,"text":"As provided in article 5 (b), most States recognize the shared responsibility of parents for the care, protection and maintenance of children. The principle that “the best interests of the child shall be the paramount consideration” has been included in the Convention on the Rights of the Child (General Assembly resolution 44/25, annex) and seems now to be universally accepted. However, in practice, some countries do not observe the principle of granting the parents of children equal status, particularly when they are not married. The children of such unions do not always enjoy the same status as those born in wedlock and, where the mothers are divorced or living apart, many fathers fail to share the responsibility of care, protection and maintenance of their children.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (d) and (f)"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"a-49-38-0020","docId":"a-49-38","idx":20,"n":20,"text":"The shared rights and responsibilities enunciated in the Convention should be enforced at law and as appropriate through legal concepts of guardianship, wardship, trusteeship and adoption. States parties should ensure that by their laws both parents, regardless of their marital status and whether they live with their children or not, share equal rights and responsibilities for their children.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (d) and (f)"]},{"id":"a-49-38-0021","docId":"a-49-38","idx":21,"n":21,"text":"The responsibilities that women have to bear and raise children affect their right of access to education, employment and other activities related to their personal development. They also impose inequitable burdens of work on women. The number and spacing of their children have a similar impact on women’s lives and also affect their physical and mental health, as well as that of their children. For these reasons, women are entitled to decide on the number and spacing of their children.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (e)"]},{"id":"a-49-38-0022","docId":"a-49-38","idx":22,"n":22,"text":"Some reports disclose coercive practices which have serious consequences for women, such as forced pregnancies, abortions or sterilization. Decisions to have children or not, while preferably made in consultation with spouse or partner, must not nevertheless be limited by spouse, parent, partner or Government. In order to make an informed decision about safe and reliable contraceptive measures, women must have information about contraceptive measures and their use, and guaranteed access to sex education and family planning services, as provided in article 10 (h) of the Convention.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (e)"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"a-49-38-0023","docId":"a-49-38","idx":23,"n":23,"text":"There is general agreement that where there are freely available appropriate measures for the voluntary regulation of fertility, the health, development and well-being of all members of the family improve. Moreover, such services improve the general quality of life and health of the population, and the voluntary regulation of population growth helps preserve the environment and achieve sustainable economic and social development.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (e)"]},{"id":"a-49-38-0024","docId":"a-49-38","idx":24,"n":24,"text":"A stable family is one which is based on principles of equity, justice and individual fulfilment for each member. Each partner must therefore have the right to choose a profession or employment that is best suited to his or her abilities, qualifications and aspirations, as provided in article 11 (a) and (c) of the Convention. Moreover, each partner should have the right to choose his or her name, thereby preserving individuality and identity in the community and distinguishing that person from other members of society. When by law or custom a woman is obliged to change her name on marriage or at its dissolution, she is denied these rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (g)"],"citedArticles":[{"treaty":"CEDAW","article":"11","source":"regex"}]},{"id":"a-49-38-0025","docId":"a-49-38","idx":25,"n":25,"text":"The rights provided in this article overlap with and complement those in article 15 (2) in which an obligation is placed on States to give women equal rights to enter into and conclude contracts and to administer property.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (h)"],"citedArticles":[{"treaty":"CEDAW","article":"15","paragraph":"2","source":"regex"}]},{"id":"a-49-38-0026","docId":"a-49-38","idx":26,"n":26,"text":"Article 15 (1) guarantees women equality with men before the law. The right to own, manage, enjoy and dispose of property is central to a woman’s right to enjoy financial independence, and in many countries will be critical to her ability to earn a livelihood and to provide adequate housing and nutrition for herself and for her family.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (h)"],"citedArticles":[{"treaty":"CEDAW","article":"15","paragraph":"1","source":"regex"}]},{"id":"a-49-38-0027","docId":"a-49-38","idx":27,"n":27,"text":"In countries that are undergoing a programme of agrarian reform or redistribution of land among groups of different ethnic origins, the right of women, regardless of marital status, to share such redistributed land on equal terms with men should be carefully observed.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (h)"]},{"id":"a-49-38-0028","docId":"a-49-38","idx":28,"n":28,"text":"In most countries, a significant proportion of the women are single or divorced and many have the sole responsibility to support a family. Any discrimination in the division of property that rests on the premise that the man alone is responsible for the support of the women and children of his family and that he can and will honourably discharge this responsibility is clearly unrealistic. Consequently, any law or custom that grants men a right to a greater share of property at the end of a marriage or de facto relationship, or on the death of a relative, is discriminatory and will have a serious impact on a woman’s practical ability to divorce her husband, to support herself or her family and to live in dignity as an independent person.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (h)"]},{"id":"a-49-38-0029","docId":"a-49-38","idx":29,"n":29,"text":"All of these rights should be guaranteed regardless of a woman’s marital status.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (1) (h)"]},{"id":"a-49-38-0030","docId":"a-49-38","idx":30,"n":30,"text":"There are countries that do not acknowledge that right of women to own an equal share of the property with the husband during a marriage or de facto relationship and when that marriage or relationship ends. Many countries recognize that right, but the practical ability of women to exercise it may be limited by legal precedent or custom.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Marital property"]},{"id":"a-49-38-0031","docId":"a-49-38","idx":31,"n":31,"text":"Even when these legal rights are vested in women, and the courts enforce them, property owned by a woman during marriage or on divorce may be managed by a man. In many States, including those where there is a community-property regime, there is no legal requirement that a woman be consulted when property owned by the parties during marriage or de facto relationship is sold or otherwise disposed of. This limits the woman’s ability to control disposition of the property or the income derived from it.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Marital property"]},{"id":"a-49-38-0032","docId":"a-49-38","idx":32,"n":32,"text":"In some countries, on division of marital property, greater emphasis is placed on financial contributions to property acquired during a marriage, and other contributions, such as raising children, caring for elderly relatives and discharging household duties are diminished. Often, such contributions of a non-financial nature by the wife enable the husband to earn an income and increase the assets. Financial and non-financial contributions should be accorded the same weight.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Marital property"]},{"id":"a-49-38-0033","docId":"a-49-38","idx":33,"n":33,"text":"In many countries, property accumulated during a de facto relationship is not treated at law on the same basis as property acquired during marriage. Invariably, if the relationship ends, the woman receives a significantly lower share than her partner. Property laws and customs that discriminate in this way against married or unmarried women with or without children should berevoked and discouraged.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Marital property"]},{"id":"a-49-38-0034","docId":"a-49-38","idx":34,"n":34,"text":"Reports of States parties should include comment on the legal or customary provisions relating to inheritance laws as they affect the status of women as provided in the Convention and in Economic and Social Council resolution 884D (XXXIV), in which the Council recommended that States ensure that men and women in the same degree of relationship to a deceased are entitled to equal shares in the estate and to equal rank in the order of succession. That provision has not been generally implemented.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Inheritance"]},{"id":"a-49-38-0035","docId":"a-49-38","idx":35,"n":35,"text":"There are many countries where the law and practice concerning inheritance and property result in serious discrimination against women. As a result of this uneven treatment, women may receive a smaller share of the husband’s or father’s property at his death than would widowers and sons. In some instances, women are granted limited and controlled rights and receive income only from the deceased’s property. Often inheritance rights for widows do not reflect the principles of equal ownership of property acquired during marriage. Such provisions contravene the Convention and should be abolished.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Inheritance"]},{"id":"a-49-38-0036","docId":"a-49-38","idx":36,"n":36,"text":"In the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, States are urged to repeal existing laws and regulations and to remove customs and practices which discriminate against and cause harm to the girl child. Article 16 (2) and the provisions of the Convention on the Rights of the Child preclude States parties from permitting or giving validity to a marriage between persons who have not attained their majority. In the context of the Convention on the Rights of the Child, “a child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier”. Notwithstanding this definition, and bearing in mind the provisions of the Vienna Declaration, the Committee considers that the minimum age for marriage should be 18 years for both man and woman. When men and women marry, they assume important responsibilities. Consequently, marriage should not be permitted before they have attained full maturity and capacity to act. According to the World Health Organization, when minors, particularly girls, marry and have children, their health can be adversely affected and their education is impeded. As a result their economic autonomy is restricted.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (2)"],"citedArticles":[{"treaty":"CRC","article":"16","paragraph":"2","source":"regex"}]},{"id":"a-49-38-0037","docId":"a-49-38","idx":37,"n":37,"text":"This not only affects women personally but also limits the development of their skills and independence and reduces access to employment, thereby detrimentally affecting their families and communities.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (2)"]},{"id":"a-49-38-0038","docId":"a-49-38","idx":38,"n":38,"text":"Some countries provide for different ages for marriage for men and women. As such provisions assume incorrectly that women have a different rate of intellectual development from men, or that their stage of physical and intellectual development at marriage is immaterial, these provisions should be abolished. In other countries, the betrothal of girls or undertakings by family members on their behalf is permitted. Such measures contravene not only the Convention, but also a woman’s right freely to choose her partner.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (2)"]},{"id":"a-49-38-0039","docId":"a-49-38","idx":39,"n":39,"text":"States parties should also require the registration of all marriages whether contracted civilly or according to custom or religious law. The State can thereby ensure compliance with the Convention and establish equality between partners, a minimum age for marriage, prohibition of bigamy and polygamy and the protection of the rights of children.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Article 16 (2)"]},{"id":"a-49-38-0040","docId":"a-49-38","idx":40,"n":40,"text":"In considering the place of women in family life, the Committee wishes to stress that the provisions of General recommendation 19 (Eleventh session) concerning violence against women have great significance for women’s abilities to enjoy rights and freedoms on an equal.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1994,"section":["Violence against women"]},{"id":"a-50-38-0001","docId":"a-50-38","idx":1,"n":1,"text":"Recommends that the States parties favourably consider amending article 20 of the Convention in respect of the meeting time of the Committee, so as to allow it to meet annually for such duration as is necessary for the effective performance of its functions under the Convention, with no specific restriction except for that which the General Assembly shall decide;","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1996,"citedArticles":[{"treaty":"CEDAW","article":"20","source":"regex"}]},{"id":"a-50-38-0002","docId":"a-50-38","idx":2,"n":2,"text":"Recommends also that the General Assembly, pending the completion of an amendment process, authorize the Committee to meet exceptionally in 1996 for two sessions, each of three weeks’ duration and each being preceded by pre-session working groups;","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1996},{"id":"a-50-38-0003","docId":"a-50-38","idx":3,"n":3,"text":"Recommends further that the meeting of States parties receive an oral report from the Chairperson of the Committee on the difficulties faced by the Committee in performing its functions;","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1996},{"id":"a-50-38-0004","docId":"a-50-38","idx":4,"n":4,"text":"Recommends that the Secretary-General make available to the States parties at their meeting all relevant information on the workload of the Committee and comparative information in respect of the other human rights treaty bodies.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1996},{"id":"a-52-38-0001","docId":"a-52-38","idx":1,"n":1,"text":"The Convention on the Elimination of All Forms of Discrimination against Women places special importance on the participation of women in the public life of their countries. The preamble to the Convention states in part: “Recalling that discrimination against women violates the principles of equality of rights and respect for human dignity, is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their countries, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women in the service of their countries and of humanity.”","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"]},{"id":"a-52-38-0002","docId":"a-52-38","idx":2,"n":2,"text":"The Convention further reiterates in its preamble the importance of women’s participation in decision-making as follows: “Convinced that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields.”","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"]},{"id":"a-52-38-0003","docId":"a-52-38","idx":3,"n":3,"text":"Moreover, in article 1 of the Convention, the term “discrimination against women” is interpreted to mean: “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"a-52-38-0004","docId":"a-52-38","idx":4,"n":4,"text":"Other conventions, declarations and international analyses place great importance on the participation of women in public life and have set a framework of international standards of equality. These include the Universal Declaration of Human Rights,[[fn:1]]1 the International Covenant on Civil and Political Rights,[[fn:2]] the Convention on the Political Rights of Women,[[fn:3]] the Vienna Declaration,[[fn:4]] paragraph 13 of the Beijing Declaration and Platform for Action,[[fn:5]] general recommendations 5 and 8 under the Convention,[[fn:6]] general comment No. 25 adopted by the Human Rights Committee,[[fn:7]] the recommendation adopted by the Council of the European Union on balanced participation of women and men in the decision-making process[[fn:8]] and the European Commission’s “How to Create a Gender Balance in Political Decision-making”.[[fn:9]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"footnotes":[{"n":1,"text":"General Assembly resolution 217 A (III)."},{"n":2,"text":"General Assembly resolution 2200 A (XXI), annex."},{"n":3,"text":"General Assembly resolution 640 (VII)."},{"n":4,"text":"Report of the World Conference on Human Rights, Vienna, 14-25 June 1993 (A/CONF.157/24 (Part I)), chap. III."},{"n":5,"text":"Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (A/CONF.177/20 and Add.1), chap. I, resolution 1, annex I."},{"n":6,"text":"See Official Records of the General Assembly, Forty-third Session, Supplement No. 38 (A/43/38), chap. V."},{"n":7,"text":"CCPR/21/21/Rev.1/Add.7, 27 August 1996."},{"n":8,"text":"96/694/EC, Brussels, 2 December 1996."},{"n":9,"text":"European Commission document V/1206/96-EN (March 1996)."}],"section":["Background"]},{"id":"a-52-38-0005","docId":"a-52-38","idx":5,"n":5,"text":"Article 7 obliges States parties to take all appropriate measures to eliminate discrimination against women in political and public life and to ensure that they enjoy equality with men in political and public life. The obligation specified in article 7 extends to all areas of public and political life and is not limited to those areas specified in subparagraphs (a), (b) and (c). The political and public life of a country is a broad concept. It refers to the exercise of political power, in particular the exercise of legislative, judicial, executive and administrative powers. The term covers all aspects of public administration and the formulation and implementation of policy at the international, national, regional and local levels. The concept also includes many aspects of civil society, including public boards and local councils and the activities of organizations such as political parties, trade unions, professional or industry associations, women’s organizations, community-based organizations and other organizations concerned with public and political life.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0006","docId":"a-52-38","idx":6,"n":6,"text":"The Convention envisages that, to be effective, this equality must be achieved within the framework of a political system in which each citizen enjoys the right to vote and be elected at genuine periodic elections held on the basis of universal suffrage and by secret ballot, in such a way as to guarantee the free expression of the will of the electorate, as provided for under international human rights instruments, such as article 21 of the Universal Declaration of Human Rights and article 25 of the International Covenant on Civil and Political Rights.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"],"citedArticles":[{"article":"21","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly says 'article 21 of the Universal Declaration of Human Rights' - UDHR is not an in-scope treaty."},{"article":"25","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text explicitly says 'article 25 of the International Covenant on Civil and Political Rights'."}]},{"id":"a-52-38-0007","docId":"a-52-38","idx":7,"n":7,"text":"The Convention’s emphasis on the importance of equality of opportunity and of participation in public life and decision-making has led the Committee to review article 7 and to suggest to States parties that in reviewing their laws and policies and in reporting under the Convention, they should take into account the comments and recommendations set out below.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0008","docId":"a-52-38","idx":8,"n":8,"text":"Public and private spheres of human activity have always been considered distinct, and have been regulated accordingly. Invariably, women have been assigned to the private or domestic sphere, associated with reproduction and the raising of children, and in all societies these activities have been treated as inferior. By contrast, public life, which is respected and honoured, extends to a broad range of activity outside the private and domestic sphere. Men historically have both dominated public life and exercised the power to confine and subordinate women within the private sphere.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0009","docId":"a-52-38","idx":9,"n":9,"text":"Despite women’s central role in sustaining the family and society and their contribution to development, they have been excluded from political life and the decision-making process, which nonetheless determine the pattern of their daily lives and the future of societies.Particularly in times of crisis, this exclusion has silenced women’s voices and rendered invisible their contribution and experiences.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0010","docId":"a-52-38","idx":10,"n":10,"text":"In all nations, the most significant factors inhibiting women’s ability to participate in public life have been the cultural framework of values and religious beliefs, the lack of services and men’s failure to share the tasks associated with the organization of the household and with the care and raising of children. In all nations, cultural traditions and religious beliefs have played a part in confining women to the private spheres of activity and excluding them from active participation in public life.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0011","docId":"a-52-38","idx":11,"n":11,"text":"Relieving women of some of the burdens of domestic work would allow them to engage more fully in the life of their communities. Women’s economic dependence on men often prevents them from making important political decisions and from participating actively in public life. Their double burden of work and their economic dependence, coupled with the long or inflexible hours of both public and political work, prevent women from being more active.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0012","docId":"a-52-38","idx":12,"n":12,"text":"Stereotyping, including that perpetrated by the media, confines women in political life to issues such as the environment, children and health, and excludes them from responsibility for finance, budgetary control and conflict resolution. The low involvement of women in the professions from which politicians are recruited can create another obstacle. In countries where women leaders do assume power this can be the result of the influence of their fathers, husbands or male relatives rather than electoral success in their own right.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0013","docId":"a-52-38","idx":13,"n":13,"text":"The principle of equality of women and men has been affirmed in the constitutions and laws of most countries and in all international instruments. Nonetheless, in the last 50 years, women have not achieved equality, and their inequality has been reinforced by their low level of participation in public and political life. Policies developed and decisions made by men alone reflect only part of human experience and potential. The just and effective organization of society demands the inclusion and participation of all its members.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Political systems"]},{"id":"a-52-38-0014","docId":"a-52-38","idx":14,"n":14,"text":"No political system has conferred on women both the right to and the benefit of full and equal participation. While democratic systems have improved women’s opportunities for involvement in political life, the many economic, social and cultural barriers they continue to face have seriously limited their participation. Even historically stable democracies have failed to integrate fully and equally the opinions and interests of the female half of the population. Societies in which women are excluded from public life and decision-making cannot be described as democratic. The concept of democracy will have real and dynamic meaning and lasting effect only when political decision-making is shared by women and men and takes equal account of the interests of both. The examination of States parties’ reports shows that where there is full and equal participation of women in public life and decision-making, the implementation of their rights and compliance with the Convention improves.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Political systems"]},{"id":"a-52-38-0015","docId":"a-52-38","idx":15,"n":15,"text":"While removal of de jure barriers is necessary, it is not sufficient. Failure to achieve full and equal participation of women can be unintentional and the result of outmoded practices and procedures which inadvertently promote men. Under article 4, the Convention encourages the use of temporary special measures in order to give full effect to articles 7 and 8. Where countries have developed effective temporary strategies in an attempt to achieve equality of participation, a wide range of measures has been implemented, including recruiting, financiallyassisting and training women candidates, amending electoral procedures, developing campaigns directed at equal participation, setting numerical goals and quotas and targeting women for appointment to public positions such as the judiciary or other professional groups that play an essential part in the everyday life of all societies. The formal removal of barriers and the introduction of temporary special measures to encourage the equal participation of both men and women in the public life of their societies are essential prerequisites to true equality in political life. In order, however, to overcome centuries of male domination of the public sphere, women also require the encouragement and support of all sectors of society to achieve full and effective participation, encouragement which must be led by States parties to the Convention, as well as by political parties and public officials. States parties have an obligation to ensure that temporary special measures are clearly designed to support the principle of equality and therefore comply with constitutional principles which guarantee equality to all citizens.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Temporary special measures"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0016","docId":"a-52-38","idx":16,"n":16,"text":"The critical issue, emphasized in the Beijing Platform for Action, is the gap between the de jure and de facto, or the right as against the reality of women’s participation in politics and public life generally. Research demonstrates that if women’s participation reaches 30 to 35 per cent (generally termed a “critical mass”), there is a real impact on political style and the content of decisions, and political life is revitalized.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Summary"]},{"id":"a-52-38-0017","docId":"a-52-38","idx":17,"n":17,"text":"In order to achieve broad representation in public life, women must have full equality in the exercise of political and economic power; they must be fully and equally involved in decision-making at all levels, both nationally and internationally, so that they may make their contribution to the goals of equality, development and the achievement of peace. A gender perspective is critical if these goals are to be met and if true democracy is to be assured. For these reasons, it is essential to involve women in public life to take advantage of their contribution, to assure their interests are protected and to fulfil the guarantee that the enjoyment of human rights is for all people regardless of gender. Women’s full participation is essential not only for their empowerment but also for the advancement of society as a whole.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Summary"]},{"id":"a-52-38-0018","docId":"a-52-38","idx":18,"n":18,"text":"The Convention obliges States parties in constitutions or legislation to take appropriate steps to ensure that women, on the basis of equality with men, enjoy the right to vote in all elections and referendums, and to be elected. These rights must be enjoyed both de jure and de facto.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0019","docId":"a-52-38","idx":19,"n":19,"text":"The examination of the reports of States parties demonstrates that, while almost all have adopted constitutional or other legal provisions that grant to both women and men the equal right to vote in all elections and public referendums, in many nations women continue to experience difficulties in exercising this right.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0020","docId":"a-52-38","idx":20,"n":20,"text":"Factors which impede these rights include the following: (a) Women frequently have less access than men to information about candidates and about party political platforms and voting procedures, information which Governments and political parties have failed to provide. Other important factors that inhibit women’s full and equal exercise of their right to vote include their illiteracy, their lack of knowledge and understanding of political systems or about the impact that political initiatives and policies will have upon their lives. Failure to understand the rights, responsibilities and opportunities for change conferred by franchise also means that women are not always registered to vote; (b) Women’s double burden of work, as well as financial constraints, will limit women’s time or opportunity to follow electoral campaigns and to have the full freedom to exercise their vote; (c) In many nations, traditions and social and cultural stereotypes discourage women from exercising their right to vote. Many men influence or control the votes of women by persuasion or direct action, including voting on their behalf. Any such practices should be prevented; (d) Other factors that in some countries inhibit women’s involvement in the public or political lives of their communities include restrictions on their freedom of movement or right to participate, prevailing negative attitudes towards women’s political participation, or a lack of confidence in and support for female candidates by the electorate. In addition, some women consider involvement in politics to be distasteful and avoid participation in political campaigns.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0021","docId":"a-52-38","idx":21,"n":21,"text":"These factors at least partially explain the paradox that women, who represent half of all electorates, do not wield their political power or form blocs which would promote their interests or change government, or eliminate discriminatory policies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0022","docId":"a-52-38","idx":22,"n":22,"text":"The system of balloting, the distribution of seats in Parliament, the choice of district, all have a significant impact on the proportion of women elected to Parliament. Political parties must embrace the principles of equal opportunity and democracy and endeavour to balance the number of male and female candidates.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0023","docId":"a-52-38","idx":23,"n":23,"text":"The enjoyment of the right to vote by women should not be subject to restrictions or conditions that do not apply to men or that have a disproportionate impact on women. For example, limiting the right to vote to persons who have a specified level of education, who possess a minimum property qualification or who are literate is not only unreasonable, it may violate the universal guarantee of human rights. It is also likely to have a disproportionate impact on women, thereby contravening the provisions of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to vote and to be elected (art. 7, para. (a))"]},{"id":"a-52-38-0024","docId":"a-52-38","idx":24,"n":24,"text":"The participation of women in government at the policy level continues to be low in general. Although significant progress has been made and in some countries equality has been achieved, in many countries women’s participation has actually been reduced.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"]},{"id":"a-52-38-0025","docId":"a-52-38","idx":25,"n":25,"text":"Article 7 (b) also requires States parties to ensure that women have the right to participate fully in and be represented in public policy formulation in all sectors and at all levels. This would facilitate the mainstreaming of gender issues and contribute a gender perspective to public policy-making.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0026","docId":"a-52-38","idx":26,"n":26,"text":"States parties have a responsibility, where it is within their control, both to appoint women to senior decision-making roles and, as a matter of course, to consult and incorporate the advice of groups which are broadly representative of women’s views and interests.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"]},{"id":"a-52-38-0027","docId":"a-52-38","idx":27,"n":27,"text":"States parties have a further obligation to ensure that barriers to women’s full participation in the formulation of government policy are identified and overcome. These barriers include complacency when token women are appointed, and traditional and customary attitudes that discourage women’s participation. When women are not broadly represented in the senior levels of government or are inadequately or not consulted at all, government policy will not be comprehensive and effective.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"]},{"id":"a-52-38-0028","docId":"a-52-38","idx":28,"n":28,"text":"While States parties generally hold the power to appoint women to senior cabinet and administrative positions, political parties also have a responsibility to ensure that women are included in party lists and nominated for election in areas where they have a likelihood of electoral success. States parties should also endeavour to ensure that women are appointed to government advisory bodies on an equal basis with men and that these bodies take into account, as appropriate, the views of representative women’s groups. It is the Government’s fundamental responsibility to encourage these initiatives to lead and guide public opinion and change attitudes that discriminate against women or discourage women’s involvement in political and public life.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"]},{"id":"a-52-38-0029","docId":"a-52-38","idx":29,"n":29,"text":"Measures that have been adopted by a number of States parties in order to ensure equal participation by women in senior cabinet and administrative positions and as members of government advisory bodies include: adoption of a rule whereby, when potential appointees are equally qualified, preference will be given to a woman nominee; the adoption of a rule that neither sex should constitute less than 40 per cent of the members of a public body; a quota for women members of cabinet and for appointment to public office; and consultation with women’s organizations to ensure that qualified women are nominated for membership in public bodies and offices and the development and maintenance of registers of such women in order to facilitate the nomination of women for appointment to public bodies and posts. Where members are appointed to advisory bodies upon the nomination of private organizations, States parties should encourage these organizations to nominate qualified and suitable women for membership in these bodies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to participate in formulation of government policy (art. 7, para. (b))"]},{"id":"a-52-38-0030","docId":"a-52-38","idx":30,"n":30,"text":"The examination of the reports of States parties demonstrates that women are excluded from top-ranking positions in cabinets, the civil service and in public administration, in the judiciary and in justice systems. Women are rarely appointed to these senior or influential positions and while their numbers may in some States be increasing at the lower levels and in posts usually associated with the home or the family, they form only a tiny minority in decision-making positions concerned with economic policy or development, political affairs, defence, peacemaking missions, conflict resolution or constitutional interpretation and determination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to hold public office and to perform all public functions (art. 7, para. (b))"]},{"id":"a-52-38-0031","docId":"a-52-38","idx":31,"n":31,"text":"Examination of the reports of States parties also demonstrates that in certain cases the law excludes women from exercising royal powers, from serving as judges in religious or traditional tribunals vested with jurisdiction on behalf of the State or from full participation in the military. These provisions discriminate against women, deny to society the advantages of their involvement and skills in these areas of the life of their communities and contravene the principles of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["The right to hold public office and to perform all public functions (art. 7, para. (b))"]},{"id":"a-52-38-0032","docId":"a-52-38","idx":32,"n":32,"text":"An examination of the reports of States parties demonstrates that, on the few occasions when information concerning political parties is provided, women are underrepresented or concentrated in less influential roles than men. As political parties are an important vehicle in decision-making roles, Governments should encourage political parties to examine the extent to which women are full and equal participants in their activities and, where this is not the case, should identify the reasons for this. Political parties should be encouraged to adopt effective measures, including the provision of information, financial and other resources, to overcome obstacles to women’s full participation and representation and ensure that women have an equal opportunity in practice to serve as party officials and to be nominated as candidates for election.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["(art. 7, para. (c))"]},{"id":"a-52-38-0033","docId":"a-52-38","idx":33,"n":33,"text":"Measures that have been adopted by some political parties include setting aside for women a certain minimum number or percentage of positions on their executive bodies, ensuring that there is a balance between the number of male and female candidates nominated for election, and ensuring that women are not consistently assigned to less favourable constituencies or to the least advantageous positions on a party list. States parties should ensure that such temporary special measures are specifically permitted under anti-discrimination legislation or other constitutional guarantees of equality.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["(art. 7, para. (c))"]},{"id":"a-52-38-0034","docId":"a-52-38","idx":34,"n":34,"text":"Other organizations such as trade unions and political parties have an obligation to demonstrate their commitment to the principle of gender equality in their constitutions, in the application of those rules and in the composition of their memberships with gender-balanced representation on their executive boards so that these bodies may benefit from the full and equal participation of all sectors of society and from contributions made by both sexes. These organizations also provide a valuable training ground for women in political skills, participation and leadership, as do non-governmental organizations (NGOs).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["(art. 7, para. (c))"]},{"id":"a-52-38-0035","docId":"a-52-38","idx":35,"n":35,"text":"Under article 8, Governments are obliged to ensure the presence of women at all levels and in all areas of international affairs. This requires that they be included in economic and military matters, in both multilateral and bilateral diplomacy, and in official delegations to international and regional conferences.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"],"citedArticles":[{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0036","docId":"a-52-38","idx":36,"n":36,"text":"From an examination of the reports of States parties, it is evident that women are grossly underrepresented in the diplomatic and foreign services of most Governments, and particularly at the highest ranks. Women tend to be assigned to embassies of lesser importance to the country’s foreign relations and in some cases women are discriminated against in terms of their appointments by restrictions pertaining to their marital status. In other instances spousal and family benefits accorded to male diplomats are not available to women in parallel positions. Opportunities for women to engage in international work are often denied because of assumptions about their domestic responsibilities, including that the care of family dependants will prevent them accepting appointment.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0037","docId":"a-52-38","idx":37,"n":37,"text":"Many Permanent Missions to the United Nations and to other international organizations have no women among their diplomats and very few at senior levels. The situation is similar at expert meetings and conferences that establish international and global goals, agendas and priorities. Organizations of the United Nations system and various economic, political and military structures at the regional level have become important international public employers, but here, too, women have remained a minority concentrated in lower-level positions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0038","docId":"a-52-38","idx":38,"n":38,"text":"There are few opportunities for women and men, on equal terms, to represent Governments at the international level and to participate in the work of international organizations. This is frequently the result of an absence of objective criteria and processes for appointment and promotion to relevant positions and official delegations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0039","docId":"a-52-38","idx":39,"n":39,"text":"The globalization of the contemporary world makes the inclusion of women and their participation in international organizations, on equal terms with men, increasingly important. The integration of a gender perspective and women’s human rights into the agenda of all international bodies is a government imperative. Many crucial decisions on global issues, such as peacemaking and conflict resolution, military expenditure and nuclear disarmament, development and the environment, foreign aid and economic restructuring, are taken with limited participation of women. This is in stark contrast to their participation in these areas at the non-governmental level.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Comments"]},{"id":"a-52-38-0040","docId":"a-52-38","idx":40,"n":40,"text":"The inclusion of a critical mass of women in international negotiations, peacekeeping activities, all levels of preventive diplomacy, mediation, humanitarian assistance, social reconciliation, peace negotiations and the international criminal justice system will make a difference. In addressing armed or other conflicts, a gender perspective and analysis is necessary to understand their differing effects on women and men.[[fn:10]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"footnotes":[{"n":10,"text":"See paragraph 141 of the Platform for Action adopted by the Fourth World Conference on Women, held at Beijing from 4 to 15 September 1995 (A/CONF.177/20, chap. I, resolution 1, annex II). See also paragraph 134, which reads in part: “The equal access and full participation of women in power structures and their full involvement in all efforts for the prevention and resolution of conflicts are essential for the maintenance and promotion of peace and security.”"}],"section":["Comments"]},{"id":"a-52-38-0041","docId":"a-52-38","idx":41,"n":41,"text":"States parties should ensure that their constitutions and legislation comply with the principles of the Convention, and in particular with articles 7 and 8.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Articles 7 and 8"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0042","docId":"a-52-38","idx":42,"n":42,"text":"States parties are under an obligation to take all appropriate measures, including the enactment of appropriate legislation that complies with their Constitution, to ensure that organizations such as political parties and trade unions, which may not be subject directly to obligations under the Convention, do not discriminate against women and respect the principles contained in articles 7 and 8.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Articles 7 and 8"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0043","docId":"a-52-38","idx":43,"n":43,"text":"States parties should identify and implement temporary special measures to ensure the equal representation of women in all fields covered by articles 7 and 8.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Articles 7 and 8"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0044","docId":"a-52-38","idx":44,"n":44,"text":"States parties should explain the reason for, and effect of, any reservations to articles 7 or 8 and indicate where the reservations reflect traditional, customary or stereotyped attitudes towards women’s roles in society, as well as the steps being taken by the States parties to change those attitudes. States parties should keep the necessity for such reservations under close review and in their reports include a timetable for their removal.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Articles 7 and 8"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-52-38-0045","docId":"a-52-38","idx":45,"n":45,"text":"Measures that should be identified, implemented and monitored for effectiveness include, under article 7, paragraph (a), those designed to: (a) Achieve a balance between women and men holding publicly elected positions; (b) Ensure that women understand their right to vote, the importance of this right and how to exercise it; (c) Ensure that barriers to equality are overcome, including those resulting from illiteracy, language, poverty and impediments to women’s freedom of movement; (d) Assist women experiencing such disadvantages to exercise their right to vote and to be elected.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 7"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0046","docId":"a-52-38","idx":46,"n":46,"text":"Under article 7, paragraph (b), such measures include those designed to ensure: (a) Equality of representation of women in the formulation of government policy; (b) Women’s enjoyment in practice of the equal right to hold public office; (c) Recruiting processes directed at women that are open and subject to appeal.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 7"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0047","docId":"a-52-38","idx":47,"n":47,"text":"Under article 7, paragraph (c), such measures include those designed to: (a) Ensure that effective legislation is enacted prohibiting discrimination against women; (b) Encourage non-governmental organizations and public and political associations to adopt strategies that encourage women’s representation and participation in their work.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 7"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0048","docId":"a-52-38","idx":48,"n":48,"text":"When reporting under article 7, States parties should: (a) Describe the legal provisions that give effect to the rights contained in article 7; (b) Provide details of any restrictions to those rights, whether arising from legal provisions or from traditional, religious or cultural practices; (c) Describe the measures introduced and designed to overcome barriers to the exercise of those rights; (d) Include statistical data, disaggregated by sex, showing the percentage of women relative to men who enjoy those rights; (e) Describe the types of policy formulation, including that associated with development programmes, in which women participate and the level and extent of their participation; (f) Under article 7, paragraph (c), describe the extent to which women participate in non-governmental organizations in their countries, including in women’s organizations; (g) Analyse the extent to which the State party ensures that those organizations are consulted and the impact of their advice on all levels of government policy formulation and implementation; (h) Provide information concerning, and analyse factors contributing to, the underrepresentation of women as members and officials of political parties, trade unions, employers’ organizations and professional associations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 7"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"a-52-38-0049","docId":"a-52-38","idx":49,"n":49,"text":"Measures which should be identified, implemented and monitored for effectiveness include those designed to ensure a better gender balance in membership of all United Nations bodies, including the Main Committees of the General Assembly, the Economic and Social Council and expert bodies, including treaty bodies, and in appointments to independent working groups or as country or special rapporteurs.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 8"]},{"id":"a-52-38-0050","docId":"a-52-38","idx":50,"n":50,"text":"When reporting under article 8, States parties should: (a) Provide statistics, disaggregated by sex, showing the percentage of women in their foreign service or regularly engaged in international representation or in work on behalf of theState, including membership in government delegations to international conferences and nominations for peacekeeping or conflict resolution roles, and their seniority in the relevant sector; (b) Describe efforts to establish objective criteria and processes for appointment and promotion of women to relevant positions and official delegations; (c) Describe steps taken to disseminate widely information on the Government’s international commitments affecting women and official documents issued by multilateral forums, in particular, to both governmental and non-governmental bodies responsible for the advancement of women; (d) Provide information concerning discrimination against women because of their political activities, whether as individuals or as members of women’s or other organizations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1997,"section":["Article 8"],"citedArticles":[{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0001","docId":"a-54-38-rev-1-chap-1","idx":1,"n":1,"text":"The Committee on the Elimination of Discrimination against Women, affirming that access to health care, including reproductive health, is a basic right under the Convention on the Elimination of All Forms of Discrimination against Women, decided at its twentieth session, pursuant to article 21, to elaborate a general recommendation on article 12 of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["General recommendation No. 24:  Article 12 of the Convention (women and health)"],"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0002","docId":"a-54-38-rev-1-chap-1","idx":2,"n":2,"text":"States parties’ compliance with article 12 of the Convention is central to the health and well-being of women. It requires States to eliminate discrimination against women in their access to health-care services throughout the life cycle, particularly in the areas of family planning, pregnancy and confinement and during the post-natal period. The examination of reports submitted by States parties pursuant to article 18 of the Convention demonstrates that women’s health is an issue that is recognized as a central concern in promoting the health and well-being of women. For the benefit of States parties and those who have a particular interest in and concern with the issues surrounding women’s health, the present general recommendation seeks to elaborate the Committee’s understanding of article 12 and to address measures to eliminate discrimination in order to realize the right of women to the highest attainable standard of health.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"18","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0003","docId":"a-54-38-rev-1-chap-1","idx":3,"n":3,"text":"Recent United Nations world conferences have also considered these objectives. In preparing this general recommendation, the Committee has taken into account relevant programmes of action adopted at United Nations world conferences and, in particular, those of the 1993 World Conference on Human Rights, the 1994 International Conference on Population and Development and the 1995 Fourth World Conference on Women. The Committee has also noted the work of the World Health Organization (WHO), the United Nations Population Fund (UNFPA) and other United Nations bodies. It has collaborated with a large number of non-governmental organizations with a special expertise in women’s health in preparing this general recommendation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"]},{"id":"a-54-38-rev-1-chap-1-0004","docId":"a-54-38-rev-1-chap-1","idx":4,"n":4,"text":"The Committee notes the emphasis that other United Nations instruments place on the right to health and to the conditions that enable good health to be achieved. Among such instruments are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Racial Discrimination.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"]},{"id":"a-54-38-rev-1-chap-1-0005","docId":"a-54-38-rev-1-chap-1","idx":5,"n":5,"text":"The Committee refers also to its earlier general recommendations on female circumcision, human immunodeficiency virus acquired immunodeficiency syndrome (HIV/AIDS), disabledwomen, violence against women and equality in family relations, all of which refer to issues that are integral to full compliance with article 12 of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0006","docId":"a-54-38-rev-1-chap-1","idx":6,"n":6,"text":"While biological differences between women and men may lead to differences in health status, there are societal factors that are determinative of the health status of women and men and can vary among women themselves. For that reason, special attention should be given to the health needs and rights of women belonging to vulnerable and disadvantaged groups, such as migrant women, refugee and internally displaced women, the girl child and older women, women in prostitution, indigenous women and women with physical or mental disabilities.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"]},{"id":"a-54-38-rev-1-chap-1-0007","docId":"a-54-38-rev-1-chap-1","idx":7,"n":7,"text":"The Committee notes that the full realization of women’s right to health can be achieved only when States parties fulfil their obligation to respect, protect and promote women’s fundamental human right to nutritional well-being throughout their lifespan by means of a food supply that is safe, nutritious and adapted to local conditions. To this end, States parties should take steps to facilitate physical and economic access to productive resources, especially for rural women, and to otherwise ensure that the special nutritional needs of all women within their jurisdiction are met.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Background"]},{"id":"a-54-38-rev-1-chap-1-0008","docId":"a-54-38-rev-1-chap-1","idx":8,"n":8,"text":"Article 12 reads as follows: “1. States parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health-care services, including those related to family planning. “2. Notwithstanding the provisions of paragraph 1 of this article, States parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.” States parties are encouraged to address the issue of women’s health throughout the woman’s lifespan. For the purposes of the present general recommendation, therefore, “women” includes girls and adolescents. The general recommendation will set out the Committee’s analysis of the key elements of article 12.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0009","docId":"a-54-38-rev-1-chap-1","idx":9,"n":9,"text":"States parties are in the best position to report on the most critical health issues affecting women in that country. Therefore, in order to enable the Committee to evaluate whether measures to eliminate discrimination against women in the field of health care are appropriate, States parties must report on their health legislation, plans and policies for women with reliable data disaggregated by sex on the incidence and severity of diseases and conditions hazardous to women’s health and nutrition and on the availability and cost-effectiveness of preventive and curative measures. Reports to the Committee must demonstrate that health legislation, plans and policies are based on scientific and ethical research and assessment of the health status and needs of women in that country and take into account any ethnic, regional or community variations or practices based on religion, tradition or culture.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0010","docId":"a-54-38-rev-1-chap-1","idx":10,"n":10,"text":"States parties are encouraged to include in their reports information on diseases, health conditions and conditions hazardous to health that affect women or certain groups of women differently from men, as well as information on possible intervention in this regard.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0011","docId":"a-54-38-rev-1-chap-1","idx":11,"n":11,"text":"Measures to eliminate discrimination against women are considered to be inappropriate if a health-care system lacks services to prevent, detect and treat illnesses specific to women. It is discriminatory for a State party to refuse to provide legally for the performance of certain reproductive health services for women. For instance, if health service providers refuse to perform such services based on conscientious objection, measures should be introduced to ensure that women are referred to alternative health providers.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0012","docId":"a-54-38-rev-1-chap-1","idx":12,"n":12,"text":"States parties should report on their understanding of how policies and measures on health care address the health rights of women from the perspective of women’s needs and interests and how it addresses distinctive features and factors that differ for women in comparison to men, such as: (a) Biological factors that differ for women in comparison with men, such as their menstrual cycle, their reproductive function and menopause. Another example is the higher risk of exposure to sexually transmitted diseases that women face; (b) Socio-economic factors that vary for women in general and some groups of women in particular. For example, unequal power relationships between women and men in the home and workplace may negatively affect women’s nutrition and health. They may also be exposed to different forms of violence which can affect their health. Girl children and adolescent girls are often vulnerable to sexual abuse by older men and family members, placing them at risk of physical and psychological harm and unwanted and early pregnancy. Some cultural or traditional practices such as female genital mutilation also carry a high risk of death and disability; (c) Psychosocial factors that vary between women and men include depression in general and post-partum depression in particular as well as other psychological conditions, such as those that lead to eating disorders such as anorexia and bulimia; (d) While lack of respect for the confidentiality of patients will affect both men and women, it may deter women from seeking advice and treatment and thereby adversely affect their health and well-being. Women will be less willing, for that reason, to seek medical care for diseases of the genital tract, for contraception or for incomplete abortion and in cases where they have suffered sexual or physical violence.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0013","docId":"a-54-38-rev-1-chap-1","idx":13,"n":13,"text":"The duty of States parties to ensure, on a basis of equality of men and women, access to health-care services, information and education implies an obligation to respect, protect and fulfil women’s rights to health care. States parties have the responsibility to ensure that legislation and executive action and policy comply with these three obligations. They must also put in place a system that ensures effective judicial action. Failure to do so will constitute a violation of article 12.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0014","docId":"a-54-38-rev-1-chap-1","idx":14,"n":14,"text":"The obligation to respect rights requires States parties to refrain from obstructing action taken by women in pursuit of their health goals. States parties should report on how public and private health-care providers meet their duties to respect women’s rights to have access to health care. For example, States parties should not restrict women’s access to health services or to the clinics that provide those services on the ground that women do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried* or because they are women. Other barriers to women’s access to appropriate health care include laws that criminalize medical procedures only needed by women punish women who undergo those procedures.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0015","docId":"a-54-38-rev-1-chap-1","idx":15,"n":15,"text":"The obligation to protect rights relating to women’s health requires States parties, their agents and officials to take action to prevent and impose sanctions for violations of rights by private persons and organizations. Since gender-based violence is a critical health issue for women, States parties should ensure: (a) The enactment and effective enforcement of laws and the formulation of policies, including health-care protocols and hospital procedures to address violence against women and sexual abuse of girl children and the provision of appropriate health services; (b) Gender-sensitive training to enable health-care workers to detect and manage the health consequences of gender-based violence; (c) Fair and protective procedures for hearing complaints and imposing appropriate sanctions on health-care professionals guilty of sexual abuse of women patients; (d) The enactment and effective enforcement of laws that prohibit female genital mutilation and marriage of girl children.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0016","docId":"a-54-38-rev-1-chap-1","idx":16,"n":16,"text":"States parties should ensure that adequate protection and health services, including trauma treatment and counselling, are provided for women in especially difficult circumstances, such as those trapped in situations of armed conflict and women refugees.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0017","docId":"a-54-38-rev-1-chap-1","idx":17,"n":17,"text":"The duty to fulfil rights places an obligation on States parties to take appropriate legislative, judicial, administrative, budgetary, economic and other measures to the maximum extent of their available resources to ensure that women realize their rights to health care. Studies such as those that emphasize the high maternal mortality and morbidity rates worldwide and the large numbers of couples who would like to limit their family size but lack access to or do not use any form of contraception provide an important indication for States parties of possible breaches of their duties to ensure women’s access to health care. The Committee asks States parties to report on what they have done to address the magnitude of women’s ill-health, in particular when it arises from preventable conditions, such as tuberculosis and HIV/AIDS. The Committee is concerned about the evidence that States are relinquishing these obligations as they transfer State health functions to private agencies. States and parties cannot absolve themselves of responsibility in these areas by delegating or transferring these powers to private sector agencies. States parties should therefore report on what they have done to organize governmental processes and all structures through which public power is exercised to promote and protect women’s health. They should include information on positive measures taken to curb violations of women’s rights by third parties and to protect their health and the measures they have taken to ensure the provision of such services.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0018","docId":"a-54-38-rev-1-chap-1","idx":18,"n":18,"text":"The issues of HIV/AIDS and other sexually transmitted diseases are central to the rights of women and adolescent girls to sexual health. Adolescent girls and women in many countries lack adequate access to information and services necessary to ensure sexual health. As aconsequence of unequal power relations based on gender, women and adolescent girls are often unable to refuse sex or insist on safe and responsible sex practices. Harmful traditional practices, such as female genital mutilation, polygamy, as well as marital rape, may also expose girls and women to the risk of contracting HIV/AIDS and other sexually transmitted diseases. Women in prostitution are also particularly vulnerable to these diseases. States parties should ensure, without prejudice or discrimination, the right to sexual health information, education and services for all women and girls, including those who have been trafficked, even if they are not legally resident in the country. In particular, States parties should ensure the rights of female and male adolescents to sexual and reproductive health education by properly trained personnel in specially designed programmes that respect their right to privacy and confidentiality.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0019","docId":"a-54-38-rev-1-chap-1","idx":19,"n":19,"text":"In their reports, States parties should identify the test by which they assess whether women have access to health care on a basis of equality of men and women in order to demonstrate compliance with article 12. In applying these tests, States parties should bear in mind the provisions of article 1 of the Convention. Reports should therefore include comments on the impact that health policies, procedures, laws and protocols have on women when compared with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0020","docId":"a-54-38-rev-1-chap-1","idx":20,"n":20,"text":"Women have the right to be fully informed, by properly trained personnel, of their options in agreeing to treatment or research, including likely benefits and potential adverse effects of proposed procedures and available alternatives.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0021","docId":"a-54-38-rev-1-chap-1","idx":21,"n":21,"text":"States parties should report on measures taken to eliminate barriers that women face in access to health-care services and what measures they have taken to ensure women timely and affordable access to such services. Barriers include requirements or conditions that prejudice women’s access, such as high fees for health-care services, the requirement for preliminary authorization by spouse, parent or hospital authorities, distance from health facilities and the absence of convenient and affordable public transport.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0022","docId":"a-54-38-rev-1-chap-1","idx":22,"n":22,"text":"States parties should also report on measures taken to ensure access to quality health-care services, for example, by making them acceptable to women. Acceptable services are those that are delivered in a way that ensures that a woman gives her fully informed consent, respects her dignity, guarantees her confidentiality and is sensitive to her needs and perspectives. States parties should not permit forms of coercion, such as non-consensual sterilization, mandatory testing for sexually transmitted diseases or mandatory pregnancy testing as a condition of employment that violate women’s rights to informed consent and dignity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0023","docId":"a-54-38-rev-1-chap-1","idx":23,"n":23,"text":"In their reports, States parties should state what measures they have taken to ensure timely access to the range of services that are related to family planning, in particular, and to sexual and reproductive health in general. Particular attention should be paid to the health education of adolescents, including information and counselling on all methods of family planning.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0024","docId":"a-54-38-rev-1-chap-1","idx":24,"n":24,"text":"The Committee is concerned about the conditions of health-care services for older women, not only because women often live longer than men and are more likely than men to suffer from disabling and degenerative chronic diseases, such as osteoporosis and dementia, but because they often have the responsibility for their ageing spouses. Therefore, States parties should take appropriate measures to ensure the access of older women to health services that address the handicaps and disabilities associated with ageing.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0025","docId":"a-54-38-rev-1-chap-1","idx":25,"n":25,"text":"Women with disabilities, of all ages, often have difficulty with physical access to health services. Women with mental disabilities are particularly vulnerable, while there is limited understanding, in general, of the broad range of risks to mental health to which women are disproportionately susceptible as a result of gender discrimination, violence, poverty, armed conflict, dislocation and other forms of social deprivation. States parties should take appropriate measures to ensure that health services are sensitive to the needs of women with disabilities and are respectful of their human rights and dignity.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (1)"]},{"id":"a-54-38-rev-1-chap-1-0026","docId":"a-54-38-rev-1-chap-1","idx":26,"n":26,"text":"Reports should also include what measures States parties have taken to ensure women appropriate services in connection with pregnancy, confinement and the post-natal period. Information on the rates at which these measures have reduced maternal mortality and morbidity in their countries, in general, and in vulnerable groups, regions and communities, in particular, should also be included.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (2)"]},{"id":"a-54-38-rev-1-chap-1-0027","docId":"a-54-38-rev-1-chap-1","idx":27,"n":27,"text":"States parties should include in their reports how they supply free services where necessary to ensure safe pregnancies, childbirth and post-partum periods for women. Many women are at risk of death or disability from pregnancy-related causes because they lack the funds to obtain or access the necessary services, which include antenatal, maternity and post-natal services. The Committee notes that it is the duty of States parties to ensure women’s right to safe motherhood and emergency obstetric services and they should allocate to these services the maximum extent of available resources.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Article 12 (2)"]},{"id":"a-54-38-rev-1-chap-1-0028","docId":"a-54-38-rev-1-chap-1","idx":28,"n":28,"text":"When reporting on measures taken to comply with article 12, States parties are urged to recognize its interconnection with other articles in the Convention that have a bearing on women’s health. Those articles include article 5 (b), which requires States parties to ensure that family education includes a proper understanding of maternity as a social function; article 10, which requires States parties to ensure equal access to education, thus enabling women to access health care more readily and reducing female student drop-out rates, which are often a result of premature pregnancy; article 10 (h), which requires that States parties provide to women and girls access to specific educational information to help ensure the health and well-being of families, including information and advice on family planning; article 11, which is concerned, in part, with the protection of women’s health and safety in working conditions, including the safeguarding of the reproductive function, special protection from harmful types of work during pregnancy and with the provision of paid maternity leave; article 14, paragraph 2 (b), which requires States parties to ensure access for rural women to adequate health-care facilities, including information, counselling and services in family planning, and (h), which obliges States parties to take all appropriate measures to ensure adequate living conditions, particularly housing, sanitation, electricity and water supply, transport and communications, all of which are critical for the prevention of disease and the promotion of good health care; and article 16, paragraph 1 (e), which requires States parties to ensure that women have the same rights as men to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise those rights. Article 16, paragraph 2, proscribes the betrothal and marriage of children, an important factor in preventing the physical and emotional harm which arise from early childbirth.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Other relevant articles in the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"a-54-38-rev-1-chap-1-0029","docId":"a-54-38-rev-1-chap-1","idx":29,"n":29,"text":"States parties should implement a comprehensive national strategy to promote women’s health throughout their lifespan. This will include interventions aimed at both the prevention and treatment of diseases and conditions affecting women, as well as responding to violence against women, and will ensure universal access for all women to a full range of high-quality and affordable health care, including sexual and reproductive health services.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Recommendations for government action"]},{"id":"a-54-38-rev-1-chap-1-0030","docId":"a-54-38-rev-1-chap-1","idx":30,"n":30,"text":"States parties should allocate adequate budgetary, human and administrative resources to ensure that women’s health receives a share of the overall health budget comparable with that for men’s health, taking into account their different health needs.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Recommendations for government action"]},{"id":"a-54-38-rev-1-chap-1-0031","docId":"a-54-38-rev-1-chap-1","idx":31,"n":31,"text":"States parties should also, in particular: (a) Place a gender perspective at the centre of all policies and programmes affecting women’s health and should involve women in the planning, implementation and monitoring of such policies and programmes and in the provision of health services to women; (b) Ensure the removal of all barriers to women’s access to health services, education and information, including in the area of sexual and reproductive health, and, in particular, allocate resources for programmes directed at adolescents for the prevention and treatment of sexually transmitted diseases, including HIV/AIDS; (c) Prioritize the prevention of unwanted pregnancy through family planning and sex education and reduce maternal mortality rates through safe motherhood services and prenatal assistance. When possible, legislation criminalizing abortion should be amended, in order to withdraw punitive measures imposed on women who undergo abortion; (d) Monitor the provision of health services to women by public, non-governmental and private organizations, to ensure equal access and quality of care; (e) Require all health services to be consistent with the human rights of women, including the rights to autonomy, privacy, confidentiality, informed consent and choice; (f) Ensure that the training curricula of health workers include comprehensive, mandatory, gender-sensitive courses on women’s. health and human rights, in particular gender-based violence.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1999,"section":["Recommendations for government action"]},{"id":"a-59-38-0001","docId":"a-59-38","idx":1,"n":1,"text":"The Committee on the Elimination of Discrimination against Women decided at its twentieth session (1999), pursuant to article 21 of the Convention, to elaborate a general recommendation on article 4, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women. This new general recommendation would build, inter alia, on earlier general recommendations, including general recommendation No. 5 (seventh session, 1988), on temporary special measures, No. 8 (seventh session, 1988), on implementation of article 8 of the Convention, and No. 23 (sixteenth session, 1997), on women in public life, as well as on reports of States parties to the Convention and on the Committee’s concluding comments to those reports.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["I.  INTRODUCTION"],"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"a-59-38-0002","docId":"a-59-38","idx":2,"n":2,"text":"With the present general recommendation, the Committee aims to clarify the nature and meaning of article 4, paragraph 1, in order to facilitate and ensure its full utilization by States parties in the implementation of the Convention. The Committee encourages States parties to translate this general recommendation into national and local languages and to disseminate it widely to the legislative, executive and judicial branches of government, including their administrative structures, as well as civil society, including the media, academia, and human rights and women’s associations and institutions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["I.  INTRODUCTION"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0003","docId":"a-59-38","idx":3,"n":3,"text":"The Convention is a dynamic instrument. Since the adoption of the Convention in 1979, the Committee, as well as other actors at the national and international levels, have contributed through progressive thinking to the clarification and understanding of the substantive content of the Convention’s articles and the specific nature of discrimination against women and the instruments for combating such discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0004","docId":"a-59-38","idx":4,"n":4,"text":"The scope and meaning of article 4, paragraph 1, must be determined in the context of the overall object and purpose of the Convention, which is to eliminate all forms of discrimination against women with a view to achieving women’s de jure and de facto equality with men in the enjoyment of their human rights and fundamental freedoms. States parties to the Convention are under a legal obligation to respect, protect, promote and fulfil this right to non-discrimination for women and to ensure the development and advancement of women in order to improve their position to one of de jure as well as de facto equality with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0005","docId":"a-59-38","idx":5,"n":5,"text":"The Convention goes beyond the concept of discrimination used in many national and international legal standards and norms. While such standards and norms prohibit discrimination on the grounds of sex and protect both men and women from treatment based on arbitrary, unfair and/or unjustifiable distinctions, the Convention focuses on discrimination against women, emphasizing that women have suffered, and continue to suffer from various forms of discrimination because they are women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0006","docId":"a-59-38","idx":6,"n":6,"text":"A joint reading of articles 1 to 5 and 24, which form the general interpretative framework for all of the Convention’s substantive articles, indicates that three obligations are central to States parties’ efforts to eliminate discrimination against women. These obligations should be implemented in an integrated fashion and extend beyond a purely formal legal obligation of equaltreatment of women with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"a-59-38-0007","docId":"a-59-38","idx":7,"n":7,"text":"Firstly, States parties’ obligation is to ensure that there is no direct or indirect[[fn:1]] discrimination against women in their laws and that women are protected against discrimination - committed by public authorities, the judiciary, organizations, enterprises or private individuals - in the public as well as the private spheres by competent tribunals as well as sanctions and other remedies. Secondly, States parties’ obligation is to improve the de facto position of women through concrete and effective policies and programmes. Thirdly, States parties’ obligation is to address prevailing gender relations[[fn:2]] and the persistence of gender-based stereotypes that affect women not only through individual acts by individuals but also in law, and legal and societal structures and institutions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"footnotes":[{"n":1,"text":"Indirect discrimination against women may occur when laws, policies and programmes are based on seemingly gender-neutral criteria which in their actual effect have a detrimental impact on women. Gender-neutral laws, policies and programmes unintentionally may perpetuate the consequences of past discrimination. They may be inadvertently modelled on male lifestyles and thus fail to take into account aspects of women’s life experiences which may differ from those of men. These differences may exist because of stereotypical expectations, attitudes and behaviour directed towards women which are based on the biological differences between women and men. They may also exist because of the generally existing subordination of women by men."},{"n":2,"text":"“Gender is defined as the social meanings given to biological sex differences. It is an ideological and cultural construct, but is also reproduced within the realm of material practices; in turn it influences the outcomes of such practices. It affects the distribution of resources, wealth, work, decision-making and political power, and enjoyment of rights and entitlements within the family as well as public life. Despite variations across cultures and over time, gender relations throughout the world entail asymmetry of power between men and women as a pervasive trait. Thus, gender is a social stratifier, and in this sense it is similar to other stratifiers such as race, class, ethnicity, sexuality, and age. It helps us understand the social construction of gender identities and the unequal structure of power that underlies the relationship between the sexes.” 1999 World Survey on the Role of Women in Development, United Nations, New York, 1999, page ix."}],"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0008","docId":"a-59-38","idx":8,"n":8,"text":"In the Committee’s view, a purely formal legal or programmatic approach is not sufficient to achieve women’s de facto equality with men, which the Committee interprets as substantive equality. In addition, the Convention requires that women be given an equal start and that they be empowered by an enabling environment to achieve equality of results. It is not enough to guarantee women treatment that is identical to that of men. Rather, biological as well as socially and culturally constructed differences between women and men must be taken into account. Under certain circumstances, non-identical treatment of women and men will be required in order to address such differences. Pursuit of the goal of substantive equality also calls for an effective strategy aimed at overcoming underrepresentation of women and a redistribution of resources and power between men and women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0009","docId":"a-59-38","idx":9,"n":9,"text":"Equality of results is the logical corollary of de facto or substantive equality. These results may be quantitative and/or qualitative in nature; that is, women enjoying their rights in various fields in fairly equal numbers with men, enjoying the same income levels, equality in decision-making and political influence, and women enjoying freedom from violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0010","docId":"a-59-38","idx":10,"n":10,"text":"The position of women will not be improved as long as the underlying causes of discrimination against women, and of their inequality, are not effectively addressed. The lives of women and men must be considered in a contextual way, and measures adopted towards a real transformation of opportunities, institutions and systems so that they are no longer grounded in historically determined male paradigms of power and life patterns.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0011","docId":"a-59-38","idx":11,"n":11,"text":"Women’s biologically determined permanent needs and experiences should be distinguished from other needs that may be the result of past and present discrimination against women by individual actors, the dominant gender ideology, or by manifestations of such discrimination in social and cultural structures and institutions. As steps are being taken to eliminate discrimination against women, women’s needs may change or disappear, or become the needs of both women and men. Thus, continuous monitoring of laws, programmes and practices directed at the achievement of women’s de facto or substantive equality is needed so as to avoid a perpetuation of non-identical treatment that may no longer be warranted.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0012","docId":"a-59-38","idx":12,"n":12,"text":"Certain groups of women, in addition to suffering from discrimination directed against them as women, may also suffer from multiple forms of discrimination based on additional grounds suchas race, ethnic or religious identity, disability, age, class, caste or other factors. Such discrimination may affect these groups of women primarily, or to a different degree or in different ways than men. States parties may need to take specific temporary special measures to eliminate such multiple forms of discrimination against women and its compounded negative impact on them.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0013","docId":"a-59-38","idx":13,"n":13,"text":"In addition to the Convention on the Elimination of All Forms of Discrimination against Women, other international human rights instruments and policy documents adopted in the United Nations system contain provisions on temporary special measures to support the achievement of equality. Such measures are described in different terminology,[[fn:3]] and the meaning and interpretation given to such measures also differs. It is the Committee’s hope that the present general recommendation on article 4, paragraph 1, will contribute to a clarification of terminology.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"footnotes":[{"n":3,"text":"See, for example, the International Convention on the Elimination of All Forms of Racial Discrimination, which mandates temporary special measures. The practice of treaty monitoring bodies, including the Committee on the Elimination of Racial Discrimination, the Committee on Economic, Social and Cultural Rights, and the Human Rights Committee, shows that these bodies consider the application of temporary special measures as mandatory to achieve the purposes of the respective treaties. Conventions adopted under the auspices of the International Labour Organization, and various documents of the United Nations Educational, Scientific and Cultural Organization also explicitly or implicitly provide for such measures. The Sub-Commission on the Promotion and Protection of Human Rights considered this question and appointed a Special Rapporteur to prepare reports for its consideration and action. The Commission on the Status of Women reviewed the use of temporary special measures in 1992. The outcome documents adopted by United Nations world conferences on women, including the Platform for Action of the 1995 Fourth World Conference on Women and its follow-up review of 2000, contain references to positive action as a tool for achieving de facto equality. The use of temporary special measures by the Secretary-General of the United Nations is a practical example in the area of women’s employment, including through administrative instructions on the recruitment, promotion and placement of women in the Secretariat. These measures aim at achieving the goal of 50/50 gender distribution at all levels, but at the higher echelons in particular."}],"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0014","docId":"a-59-38","idx":14,"n":14,"text":"The Convention targets discriminatory dimensions of past and current societal and cultural contexts which impede women’s enjoyment of their human rights and fundamental freedoms. It aims at the elimination of all forms of discrimination against women, including the elimination of the causes and consequences of their de facto or substantive inequality. Therefore, the application of temporary special measures in accordance with the Convention is one of the means to realize de facto or substantive equality for women, rather than an exception to the norms of non-discrimination and equality.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["II. BACKGROUND:  THE OBJECT AND","PURPOSE OF THE CONVENTION"]},{"id":"a-59-38-0015","docId":"a-59-38","idx":15,"n":15,"text":"There is a clear difference between the purpose of the “special measures” under article 4, paragraph 1, and those of paragraph 2. The purpose of article 4, paragraph 1, is to accelerate the improvement of the position of women to achieve their de facto or substantive equality with men, and to effect the structural, social and cultural changes necessary to correct past and current forms and effects of discrimination against women, as well as to provide them with compensation. These measures are of a temporary nature.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","A.  Relationship between paragraphs 1 and 2 of article 4"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0016","docId":"a-59-38","idx":16,"n":16,"text":"Article 4, paragraph 2, provides for non-identical treatment of women and men due to their biological differences. These measures are of a permanent nature, at least until such time as the scientific and technological knowledge referred to in article 11, paragraph 3, would warrant a review.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","A.  Relationship between paragraphs 1 and 2 of article 4"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"}]},{"id":"a-59-38-0017","docId":"a-59-38","idx":17,"n":17,"text":"The travaux préparatoires of the Convention use different terms to describe the “temporary special measures” included in article 4, paragraph 1. The Committee itself, in its previous general recommendations, used various terms. States parties often equate “special measures” in its corrective, compensatory and promotional sense with the terms “affirmative action”, “positive action”, “positive measures”, “reverse discrimination”, and “positive discrimination”. These terms emerge from the discussions and varied practices found in different national contexts.[[fn:4]] In the present general recommendation, and in accordance with its practice in the consideration of reports of States parties, the Committee uses solely the term “temporary special measures”, as called for in article 4, paragraph 1.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"footnotes":[{"n":4,"text":"The term “affirmative action” is used in the United States of America and in a number of United Nations documents, whereas the term “positive action” is currently widely used in Europe as well as in many United Nations documents. However, the term “positive action” is used in yet another sense in international human rights law to describe “positive State action” (the obligation of a State to initiate action versus a State’s obligation to abstain from action). Hence, the term “positive action” is ambiguous inasmuch as its meaning is not confined to temporary special measures as understood in article 4, paragraph 1, of the Convention. The terms “reverse discrimination” or “positive discrimination” are criticized by a number of commentators as inappropriate. V. GENERAL COMMENTS ADOPTED BY THE COMMITTEE AGAINST TORTURE 1. The Committee against Torture at its sixteenth session decided, on 10 May 1996, to set up a working group to examine questions relating to articles 3 and 22 of the Convention. The Committee had noticed that most of the individual communications received under article 22 of the Convention in recent years had concerned cases of persons under an order of expulsion, return or extradition who alleged that they would have been in danger of being subjected to torture if they were expelled, returned or extradited. The Committee felt that some guidance should be given to the States parties and to the authors of communications to enable them to apply correctly the provisions of article 3 in the context of the procedure set forth in article 22 of the Convention. On 21 November 1997, the Committee adopted the general comment on the implementation of article 3 in the context of article 22 of the Convention (A/53/44, para. 258). Sixteenth session (1996)* General comment No. 1: Implementation of article 3 of the Convention in the context of article 22 (Refoulement and communications) In view of the requirements of article 22, paragraph 4, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that the Committee against Torture “shall consider communications received under article 22 in the light of all information made available to it by or on behalf of the individual and by the State party concerned”, In view of the need arising as a consequence of the application of rule 111, paragraph 3, of the rules of procedure of the Committee (CAT/C/3/Rev.2), and In view of the need for guidelines for the implementation of article 3 under the procedure foreseen in article 22 of the Convention, The Committee against Torture, at its nineteenth session, 317th meeting, held on 21 November 1997, adopted the following general comment for the guidance of States parties and authors of communications: 1. Article 3 is confined in its application to cases where there are substantial grounds for believing that the author would be in danger of being subjected to torture as defined in article 1 of the Convention. 2. The Committee is of the view that the phrase “another State” in article 3 refers to the State to which the individual concerned is being expelled, returned or extradited, as well as to any State to which the author may subsequently be expelled, returned or extradited. * Contained in document A/53/44, annex IX."}],"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","B.  Terminology"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0018","docId":"a-59-38","idx":18,"n":18,"text":"Measures taken under article 4, paragraph 1, by States parties should aim to accelerate the equal participation of women in the political, economic, social, cultural, civil or any other field. The Committee views the application of these measures not as an exception to the norm of non-discrimination, but rather as an emphasis that temporary special measures are part of a necessary strategy by States parties directed towards the achievement of de facto or substantive equality of women with men in the enjoyment of their human rights and fundamental freedoms. While the application of temporary special measures often remedies the effects of past discrimination against women, the obligation of States parties under the Convention to improve the position of women to one of de facto or substantive equality with men exists irrespective of any proof of past discrimination. The Committee considers that States parties that adopt and implement such measures under the Convention do not discriminate against men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0019","docId":"a-59-38","idx":19,"n":19,"text":"States parties should clearly distinguish between temporary special measures taken under article 4, paragraph 1, to accelerate the achievement of a concrete goal for women of de facto or substantive equality, and other general social policies adopted to improve the situation of women and the girl child. Not all measures that potentially are, or will be, favourable to women are temporary special measures. The provision of general conditions in order to guarantee the civil, political, economic, social and cultural rights of women and the girl child, designed to ensure for them a life of dignity and non-discrimination, cannot be called temporary special measures.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0020","docId":"a-59-38","idx":20,"n":20,"text":"Article 4, paragraph 1, explicitly states the “temporary” nature of such special measures. Such measures should therefore not be deemed necessary forever, even though the meaning of “temporary” may, in fact, result in the application of such measures for a long period of time. The duration of a temporary special measure should be determined by its functional result in response to a concrete problem and not by a predetermined passage of time. Temporary special measures must be discontinued when their desired results have been achieved and sustained for a period of time.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0021","docId":"a-59-38","idx":21,"n":21,"text":"The term “special”, though being in conformity with human rights discourse, also needs to be carefully explained. Its use sometimes casts women and other groups who are subject to discrimination as weak, vulnerable and in need of extra or “special” measures in order to participate or compete in society. However, the real meaning of “special” in the formulation of article 4, paragraph 1, is that the measures are designed to serve a specific goal.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0022","docId":"a-59-38","idx":22,"n":22,"text":"The term “measures” encompasses a wide variety of legislative, executive, administrative and other regulatory instruments, policies and practices, such as outreach or support programmes; allocation and/or reallocation of resources; preferential treatment; targeted recruitment, hiring andpromotion; numerical goals connected with time frames; and quota systems. The choice of a particular “measure” will depend on the context in which article 4, paragraph 1, is applied and on the specific goal it aims to achieve.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0023","docId":"a-59-38","idx":23,"n":23,"text":"The adoption and implementation of temporary special measures may lead to a discussion of qualifications and merit of the group or individuals so targeted, and an argument against preferences for allegedly lesser-qualified women over men in areas such as politics, education and employment. As temporary special measures aim at accelerating achievement of de facto or substantive equality, questions of qualification and merit, in particular in the area of employment in the public and private sectors, need to be reviewed carefully for gender bias as they are normatively and culturally determined. For appointment, selection or election to public and political office, factors other than qualification and merit, including the application of the principles of democratic fairness and electoral choice, may also have to play a role.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"]},{"id":"a-59-38-0024","docId":"a-59-38","idx":24,"n":24,"text":"Article 4, paragraph 1, read in conjunction with articles 1, 2, 3, 5 and 24, needs to be applied in relation to articles 6 to 16 which stipulate that States parties “shall take all appropriate measures”. Consequently, the Committee considers that States parties are obliged to adopt and implement temporary special measures in relation to any of these articles if such measures can be shown to be necessary and appropriate in order to accelerate the achievement of the overall, or a specific goal of, women’s de facto or substantive equality.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["III. THE MEANING AND SCOPE OF TEMPORARY SPECIAL MEASURES","C.  Key elements of article 4, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"24","source":"regex"},{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"a-59-38-0025","docId":"a-59-38","idx":25,"n":25,"text":"Reports of States parties should include information on the adoption, or lack thereof, of temporary special measures in accordance with article 4, paragraph 1, of the Convention, and States parties should preferably adhere to the terminology “temporary special measures”, to avoid confusion.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"a-59-38-0026","docId":"a-59-38","idx":26,"n":26,"text":"States parties should clearly distinguish between temporary special measures aimed at accelerating the achievement of a concrete goal of women’s de facto or substantive equality, and other general social policies adopted and implemented in order to improve the situation of women and the girl child. States parties should bear in mind that not all measures which potentially are or would be favourable to women qualify as temporary special measures.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0027","docId":"a-59-38","idx":27,"n":27,"text":"States parties should analyse the context of women’s situation in all spheres of life, as well as in the specific, targeted area, when applying temporary special measures to accelerate achievement of women’s de facto or substantive equality. They should evaluate the potential impact of temporary special measures with regard to a particular goal within their national context and adopt those temporary special measures which they consider to be the most appropriate in order to accelerate the achievement of de facto or substantive equality for women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0028","docId":"a-59-38","idx":28,"n":28,"text":"States parties should explain the reasons for choosing one type of measure over another. The justification for applying such measures should include a description of the actual life situation of women, including the conditions and influences which shape their lives and opportunities - or that of a specific group of women, suffering from multiple forms of discrimination - and whose position the State party intends to improve in an accelerated manner with the application of such temporary special measures. At the same time, the relationship between such measures and general measures and efforts to improve the position of women should be clarified.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0029","docId":"a-59-38","idx":29,"n":29,"text":"States parties should provide adequate explanations with regard to any failure to adopt temporary special measures. Such failures may not be justified simply by averring powerlessness, or by explaining inaction through predominant market or political forces, such as those inherent in the private sector, private organizations, or political parties. States parties are reminded that article 2 of the Convention, which needs to be read in conjunction with all other articles, imposes accountability on the State party for action by these actors.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"a-59-38-0030","docId":"a-59-38","idx":30,"n":30,"text":"States parties may report on temporary special measures under several articles. Under article 2, States parties are invited to report on the legal or other basis for such measures, and their justification for choosing a particular approach. States parties are further invited to give details about any legislation concerning temporary special measures, and in particular whether such legislation provides for the mandatory or voluntary nature of temporary special measures.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"a-59-38-0031","docId":"a-59-38","idx":31,"n":31,"text":"States parties should include, in their constitutions or in their national legislation, provisions that allow for the adoption of temporary special measures. The Committee reminds States parties that legislation, such as comprehensive anti-discrimination acts, equal opportunities acts or executive orders on women’s equality, can give guidance on the type of temporary special measures that should be applied to achieve a stated goal, or goals, in given areas. Such guidance can also be contained in specific legislation on employment or education. Relevant legislation on non-discrimination and temporary special measures should cover governmental actors as well as private organizations or enterprises.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0032","docId":"a-59-38","idx":32,"n":32,"text":"The Committee draws the attention of States parties to the fact that temporary special measures may also be based on decrees, policy directives and/or administrative guidelines formulated and adopted by national, regional or local executive branches of government to cover the public employment and education sectors. Such temporary special measures may include the civil service, the political sphere and the private education and employment sectors. The Committee further draws the attention of States parties to the fact that such measures may also be negotiated between social partners of the public or private employment sector or be applied on a voluntary basis by public or private enterprises, organizations, institutions and political parties.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0033","docId":"a-59-38","idx":33,"n":33,"text":"The Committee reiterates that action plans for temporary special measures need to be designed, applied and evaluated within the specific national context and against the background of the specific nature of the problem which they are intended to overcome. The Committee recommends that States parties provide in their reports details of any action plans which may be directed at creating access for women and overcoming their underrepresentation in certain fields, at redistributing resources and power in particular areas, and/or at initiating institutional change to overcome past or present discrimination and accelerate the achievement of de facto equality. Reports should also explain whether such action plans include considerations of unintended potential adverse side-effects of such measures as well as on possible action to protect women against them. States parties should also describe in their reports the results of temporary special measures and assess the causes of the possible failure of such measures.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0034","docId":"a-59-38","idx":34,"n":34,"text":"Under article 3, States parties are invited to report on the institution(s) responsible for designing, implementing, monitoring, evaluating and enforcing such temporary special measures. Such responsibility may be vested in existing or planned national institutions, such as women’s ministries, women’s departments within ministries or presidential offices, ombudspersons, tribunals or other entities of a public or private nature with the requisite mandate to design specific programmes, monitor their implementation, and evaluate their impact and outcomes. The Committee recommends that States parties ensure that women in general, and affected groups of women in particular, have a role in the design, implementation and evaluation of such programmes. Collaboration and consultation with civil society and non-governmental organizations representing various groups of women is especially recommended.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"],"citedArticles":[{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"a-59-38-0035","docId":"a-59-38","idx":35,"n":35,"text":"The Committee draws attention to and reiterates its general recommendation 9, on statistical data concerning the situation of women, and recommends that States parties provide statistical data disaggregated by sex in order to measure the achievement of progress towards women’s de facto or substantive equality and the effectiveness of temporary special measures.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0036","docId":"a-59-38","idx":36,"n":36,"text":"States parties should report on the type of temporary special measures taken in specific fields under the relevant article(s) of the Convention. Reporting under the respective article(s) should include references to concrete goals and targets, timetables, the reasons for choosing particular measures, steps to enable women to access such measures, and the institution accountable for monitoring implementation and progress. States parties are also asked to describe how many women are affected by a measure, how many would gain access and participate in a certain field because of a temporary special measure, or the amount of resources and power it aims to redistribute to how many women, and within what time frame.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0037","docId":"a-59-38","idx":37,"n":37,"text":"The Committee reiterates its general recommendations 5, 8 and 23, wherein it recommended the application of temporary special measures in the fields of education, the economy, politics and employment, in the area of women representing their Governments at the international level and participating in the work of international organizations, and in the area of political and public life. States parties should intensify, within their national contexts, such efforts especially with regard to all facets of education at all levels as well as all facets and levels of training, employment and representation in public and political life. The Committee recalls that in all instances, but particularly in the area of health, States parties should carefully distinguish in each field between measures of an ongoing and permanent nature and those of a temporary nature.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0038","docId":"a-59-38","idx":38,"n":38,"text":"States parties are reminded that temporary special measures should be adopted to accelerate the modification and elimination of cultural practices and stereotypical attitudes and behaviour that discriminate against or are disadvantageous for women. Temporary special measures should also be implemented in the areas of credit and loans, sports, culture and recreation, and legal awareness. Where necessary, such measures should be directed at women subjected to multiple discrimination, including rural women.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"a-59-38-0039","docId":"a-59-38","idx":39,"n":39,"text":"Although the application of temporary special measures may not be possible under all the articles of the Convention, the Committee recommends that their adoption be considered whenever issues of accelerating access to equal participation, on the one hand, and accelerating the redistribution of power and resources, on the other hand, are involved as well as where it can be shown that these measures will be necessary and most appropriate under the circumstances.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2004,"section":["IV.  RECOMMENDATIONS TO STATES PARTIES"]},{"id":"cedaw-2009-wp-1-r-0001","docId":"cedaw-2009-wp-1-r","idx":1,"n":1,"text":"The Committee on the Elimination of Discrimination against Women (the Committee), affirming that migrant women, like all women, should not be discriminated against in any sphere of their life, decided at its thirty-second session (January 2005), pursuant to article 21 of the Convention on the Elimination of All Forms of Discrimination against Women (the Convention), to issue a general recommendation on some categories of women migrant workers who may be at risk of abuse and discrimination.2","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0002","docId":"cedaw-2009-wp-1-r","idx":2,"n":2,"text":"This general recommendation intends to contribute to the fulfilment of the obligations of States parties to respect, protect and fulfil the human rights of women migrant workers, alongside the legal obligations contained in other treaties, the commitments made under the plans of action of world conferences and the important work of migration-focused treaty bodies, especially the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families.3 While the Committee notes that the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families protects individuals, including migrant women, on the basis of their migration status, the Convention on the Elimination of All Forms of Discrimination against Women protects all women, including migrant women, against sex- and gender-based discrimination. While migration presents new opportunities for women and may be a means for their economic empowerment through wider participation, it may also place their human rights and security at risk. Hence, this general recommendation aims to elaborate the circumstances that contribute to the specific vulnerability of 1 The Committee acknowledges the contribution of the Committee on the Protection of the Rights of All Migrant workers and Members of their Families during the preparation of this general recommendation. 2 The Committee on the Elimination of Discrimination against Women acknowledges and seeks to build on the important work on the rights of migrants completed by the other human right treaty bodies, the Special Rapporteur on the Human Rights of Migrants, the United Nations Development Fund for Women, the Division for the Advancement of Women, the Commission on the Status of Women, the General Assembly, and the Sub-Commission on the Promotion and Protection of Human Rights. The Committee also refers to its earlier general recommendations, such as general recommendation No. 9 on the gathering of statistical data on the situation of women, especially general recommendation No. 12 on violence against women, general recommendation No. 13 on equal remuneration for work of equal value, general recommendation No. 15 on the avoidance of discrimination against women in national strategies for the prevention and control of acquired immunodeficiency syndrome (AIDS), general recommendation No. 19 on violence against women and general recommendation No. 24 on women’s access to health care, as well as the concluding comments made by the Committee when examining the reports of States parties. 3 Besides treaties and conventions, the following programmes and plans of action are applicable. The United Nations Vienna Declaration and Programme of Action approved at the 1993 World Conference on Human Rights (part II, paras. 33 and 35). Programme of Action of the Cairo International Conference on Population and Development (chapter X). Programme of Action of the World Summit for Social Development (chap. 3). Beijing Declaration and Platform for Action, Fourth World Conference on Women, World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance August-September 2001. International Labour Organization Plan of Action for Migrant Workers, 2004. many women migrant workers and their experiences of sex- and gender-based discrimination as a cause and consequence of the violations of their human rights.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0003","docId":"cedaw-2009-wp-1-r","idx":3,"n":3,"text":"While States are entitled to control their borders and regulate migration, they must do so in full compliance with their obligations as parties to the human rights treaties they have ratified or acceded to. That includes the promotion of safe migration procedures and the obligation to respect, protect and fulfil the human rights of women throughout the migration cycle. Those obligations must be undertaken in recognition of the social and economic contributions of women migrant workers to their own countries and countries of destination, including through caregiving and domestic work.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0004","docId":"cedaw-2009-wp-1-r","idx":4,"n":4,"text":"The Committee recognizes that migrant women may be classified into various categories relating to the factors compelling migration, the purposes of migration and accompanying tenure of stay, the vulnerability to risk and abuse, and their status in the country to which they have migrated, and their eligibility for citizenship. The Committee also recognizes that these categories remain fluid and overlapping, and that therefore it is sometimes difficult to draw clear distinctions between the various categories. Thus, the scope of this general recommendation is limited to addressing the situations of the following categories of migrant women who, as workers, are in low-paid jobs, may be at high risk of abuse and discrimination and who may never acquire eligibility for permanent stay or citizenship, unlike professional migrant workers in the country of employment. As such, in many cases, they may not enjoy the protection of the law of the countries concerned, at either de jure or de facto levels. These categories of migrant women are:4 (a) Women migrant workers who migrate independently; (b) Women migrant workers who join their spouses or other members of their families who are also workers; (c) Undocumented5 women migrant workers who may fall into any of the above categories. The Committee, however, emphasizes that all categories of women migrants fall within the scope of the obligations of States parties to the Convention and must be protected against all forms of discrimination by the Convention. 4 This general recommendation deals only with the work-related situation of women migrants. While it is a reality that in some instances women migrant workers may become victims of trafficking due to various degrees of vulnerability they face, this general recommendation will not address the circumstances relating to trafficking. The phenomenon of trafficking is complex and needs more focused attention. The Committee is of the opinion that this phenomenon can be more comprehensively addressed through article 6 of the Convention which places an obligation on States parties “to take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women”. The Committee emphasizes however, that many elements of the present general recommendation are also relevant in situations where women migrants have been victims of trafficking. 5 Undocumented workers are those migrant workers who are without a valid residence or work permit. There are many circumstances under which this could have happened. For example, they may have been given false papers by unscrupulous agents or they may have entered the country with a valid work permit, but may have subsequently lost it because the employer may have arbitrarily terminated their services, or become undocumented because employers may have confiscated their passports. Sometimes workers may have extended their stay after the expiry of the work permit or entered the country without valid papers.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0005","docId":"cedaw-2009-wp-1-r","idx":5,"n":5,"text":"Although both men and women migrate, migration is not a gender-neutral phenomenon. The position of female migrants is different from that of male migrants in terms of legal migration channels, the sectors into which they migrate, the forms of abuse they suffer and the consequences thereof. To understand the specific ways in which women are impacted, female migration should be studied from the perspective of gender inequality, traditional female roles, a gendered labour market, the universal prevalence of gender-based violence and the worldwide feminization of poverty and labour migration. The integration of a gender perspective is, therefore, essential to the analysis of the position of female migrants and the development of policies to counter discrimination exploitation and abuse. Applying principles of human rights and gender equality","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0006","docId":"cedaw-2009-wp-1-r","idx":6,"n":6,"text":"All women migrant workers are entitled to the protection of their human rights, which include the right to life, the right to personal liberty and security, the right not to be tortured, the right to be free of degrading and inhumane treatment, the right to be free from discrimination on the basis of sex, race, ethnicity, cultural particularities, nationality, language, religion or other status, the right to be free from poverty, the right to an adequate standard of living, the right to equality before the law and the right to benefit from the due processes of the law. These rights are provided for in the Universal Declaration of Human Rights and the many human rights treaties ratified or acceded to by States Members of the United Nations.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0007","docId":"cedaw-2009-wp-1-r","idx":7,"n":7,"text":"Women migrant workers are also entitled to protection from discrimination on the basis of the Convention, which requires States parties to take all appropriate measures without delay to eliminate all forms of discrimination against women and to ensure that they will be able to exercise and enjoy de jure and de facto rights on an equal basis with men in all fields. Factors influencing women’s migration","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0008","docId":"cedaw-2009-wp-1-r","idx":8,"n":8,"text":"Women currently make up about one half of the world’s migrant population. Various factors, such as globalization, the wish to seek new opportunities, poverty, gendered cultural practices and gender-based violence in countries of origin, natural disasters or wars and internal military conflicts determine women’s migration. These factors also include the exacerbation of sex-specific divisions of labour in the formal and informal manufacturing and service sectors in countries of destination, as well as a male-centred culture of entertainment, the latter creating a demand for women as entertainers. A significant increase in the number of women migrating alone as wage earners has been widely noted as part of this trend. Sex- and gender-based human rights concerns related to migrant women","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0009","docId":"cedaw-2009-wp-1-r","idx":9,"n":9,"text":"Because violations of the human rights of women migrant workers occur in countries of origin, countries of transit and countries of destination, this general recommendation will address all three situations in order to facilitate the use of the Convention, further the rights of women migrant workers and advance substantive equality of women and men in all spheres of their lives. It is also recalled that migration is an inherently global phenomenon, requiring cooperation among States in multilateral, bilateral and regional levels. In countries of origin before departure6","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0010","docId":"cedaw-2009-wp-1-r","idx":10,"n":10,"text":"Even before they leave home, women migrant workers face myriad human rights concerns, including complete bans or restrictions on women’s out-migration based on sex or sex combined with age, marital status, pregnancy or maternity status, occupation-specific restrictions or requirements that women must have written permission from male relatives to obtain a passport to travel or migrate. Women are sometimes detained by recruiting agents for training in preparation for departure, during which time they may be subject to financial, physical, sexual or psychological abuse. Women may also suffer the consequences of restricted access to education, training and reliable information on migration, which may lead to increased vulnerability in relation to employers. Exploitative fees may be charged by employment agents, which sometimes cause women, who generally have fewer assets than men, to suffer greater financial hardships and make them more dependent, for example, if they need to borrow from family, friends, or moneylenders at usurious rates. In countries of origin upon return","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0011","docId":"cedaw-2009-wp-1-r","idx":11,"n":11,"text":"Women migrant workers may face sex- and gender-based discrimination, including compulsory HIV and AIDS testing for women returnees, moral “rehabilitation” for young women returnees and increased personal and social costs compared to men, without adequate gender-responsive services. For example, men may return to a stable family situation, whereas women may find disintegration of the family upon their return, with their absence from home regarded as the cause of such disintegration. There may also be a lack of protection against reprisals from exploitative recruiting agents. In countries of transit","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0012","docId":"cedaw-2009-wp-1-r","idx":12,"n":12,"text":"Women migrant workers may face a variety of human rights concerns when transiting through foreign countries. When travelling with an agent or escort, women migrants may be abandoned if the agent encounters problems in transit or upon arrival in the country of destination. Women are also vulnerable to sexual and physical abuse by agents and escorts when travelling in countries of transit. In countries of destination","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0013","docId":"cedaw-2009-wp-1-r","idx":13,"n":13,"text":"Once they reach their destinations, women migrant workers may encounter multiple forms of de jure and de facto discrimination. There are countries whose Governments sometimes impose restrictions or bans on women’s employment in particular sectors. Whatever the situation, women migrant workers face additional hazards compared to men because of gender-insensitive environments that do not allow mobility for women, and that give them little access to relevant information about their rights and entitlements. Gendered notions of appropriate work for women result in job opportunities that reflect familial and service functions ascribed 6 Paragraphs 10 and 11 describe some of the sex- and gender-related human rights concerns that women experience in their countries of origin, both before departure and upon return. Concerns related to transit and life abroad are discussed in paragraphs 12 to 22. These sections are illustrative and are not meant to be exhaustive. It should be noted that certain human rights concerns described here may render a woman’s decision to migrate involuntarily under relevant international law; in such cases, reference should be made to those norms. to women or that are in the informal sector. Under such circumstances, occupations in which women dominate are, in particular, domestic work or certain forms of entertainment.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0014","docId":"cedaw-2009-wp-1-r","idx":14,"n":14,"text":"In addition, in countries of destination, such occupations may be excluded from legal definitions of work, thereby depriving women of a variety of legal protections. In such occupations, women migrant workers have trouble obtaining binding contracts concerning terms and conditions of work, causing them sometimes to work for long hours without overtime payment. Moreover, women migrant workers often experience intersecting forms of discrimination, suffering not only sex- and gender-based discrimination, but also xenophobia and racism. Discrimination based on race, ethnicity, cultural particularities, nationality, language, religion or other status may be expressed in sex- and gender-specific ways.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0015","docId":"cedaw-2009-wp-1-r","idx":15,"n":15,"text":"Because of discrimination on the basis of sex and gender, women migrant workers may receive lower wages than do men, or experience non-payment of wages, payments that are delayed until departure, or transfer of wages into accounts that are inaccessible to them. For example, employers of domestic workers often deposit the worker’s wages into an account in the employer’s name. If a woman and her spouse both have worker status, her wages may be paid into an account in the name of her spouse. Workers in female-dominated sectors may not be paid for weekly days of rest or national holidays. Or, if they are heavily burdened by debt from recruitment fees, women migrant workers may not be able to leave abusive situations since they have no other way to repay those debts. Such violations may of course be faced by non-migrant local women in similar female-dominated jobs. However, non-migrant local women have better job mobility. They have the choice, however limited, of leaving an oppressive job situation and obtaining another job, whereas, in some countries, a woman migrant worker may become undocumented the minute she leaves her job. Non-migrant local women workers may, moreover, have some economic protection by way of family support if they are unemployed, but women migrant workers may not have such protection. Women migrant workers thus face hazards on the basis of sex and gender, as well as on the basis of their migrant status.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0016","docId":"cedaw-2009-wp-1-r","idx":16,"n":16,"text":"Women migrant workers may be unable to save or transmit savings safely through regular channels due to isolation (for domestic workers), cumbersome procedures, language barriers, or high transaction costs. This is a great problem since in general they earn less than men. Women may further face familial obligations to remit all their earnings to their families to a degree that may not be expected of men. For example, single women may be expected to support even extended family members at home.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0017","docId":"cedaw-2009-wp-1-r","idx":17,"n":17,"text":"Women migrant workers often suffer from inequalities that threaten their health. They may be unable to access health services, including reproductive health services, because insurance or national health schemes are not available to them, or they may have to pay unaffordable fees. As women have health needs different from those of men, this aspect requires special attention. They may also suffer from a lack of arrangements for their safety at work, or provisions for safe travel between the worksite and their place of accommodation. Where accommodation is provided, especially in female-dominated occupations such as factory, farm or domestic work, living conditions may be poor and overcrowded, without running water or adequate sanitary facilities, or they may lack privacy and hygiene. Women migrant workers are sometimes subjected to sex-discriminatory mandatory HIV/AIDS testing or testing for other infections without their consent, followed by provision of test results to agents and employers rather than to the worker herself. This may result in loss of job or deportation if test results are positive.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0018","docId":"cedaw-2009-wp-1-r","idx":18,"n":18,"text":"Discrimination may be especially acute in relation to pregnancy. Women migrant workers may face mandatory pregnancy tests followed by deportation if the test is positive; coercive abortion or lack of access to safe reproductive health and abortion services, when the health of the mother is at risk, or even following sexual assault; absence of, or inadequate, maternity leave and benefits and absence of affordable obstetric care, resulting in serious health risks. Women migrant workers may also face dismissal from employment upon detection of pregnancy, sometimes resulting in irregular immigration status and deportation.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0019","docId":"cedaw-2009-wp-1-r","idx":19,"n":19,"text":"Women migrant workers may be subjected to particularly disadvantageous terms regarding their stay in a country. They are sometimes unable to benefit from family reunification schemes, which may not extend to workers in female-dominated sectors, such as domestic workers or those in entertainment. Permission to stay in the country of employment may be severely restricted, especially for women migrant workers in domestic work when their time-fixed contracts end or are terminated at the whim of the employer. If they lose their immigration status, they may be more vulnerable to violence by the employer or others who want to abuse the situation. If they are detained, they may be subject to violence perpetrated by officials in detention centres.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0020","docId":"cedaw-2009-wp-1-r","idx":20,"n":20,"text":"Women migrant workers are more vulnerable to sexual abuse, sexual harassment and physical violence, especially in sectors where women predominate. Domestic workers are particularly vulnerable to physical and sexual assault, food and sleep deprivation and cruelty by their employers. Sexual harassment of women migrant workers in other work environments, such as on farms or in the industrial sector, is a problem worldwide (see E/CN.4/1998/74/Add.1). Women migrant workers who migrate as spouses of male migrant workers or along with family members face an added risk of domestic violence from their spouses or relatives if they come from a culture that values the submissive role of the women in the family.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0021","docId":"cedaw-2009-wp-1-r","idx":21,"n":21,"text":"Access to justice may be limited for women migrant workers. In some countries, restrictions are imposed on the use of the legal system by women migrant workers to obtain remedies for discriminatory labour standards, employment discrimination or sex- and gender-based violence. Further, women migrant workers may not be eligible for free government legal aid, and there may be other impediments, such as unresponsive and hostile officials and, at times, collusion between officials and the perpetrator. In some cases, diplomats have perpetrated sexual abuse, violence and other forms of discrimination against women migrant domestic workers while enjoying diplomatic immunity. In some countries, there are gaps in the laws protecting migrant women workers. For example, they may lose their work permits once they make a report of abuse or discrimination and then they cannot afford to remain in the country for the duration of the trial, if any. In addition to these formal barriers, practical barriers may prevent access to remedies. Many do not know the language of the country and do not know their rights. Women migrant workers may lack mobility because they may be confined by employers to their work or living sites, prohibited from using telephones or banned from joining groups or cultural associations. They often lack knowledge of their embassies or of services available, due to their dependence on employers or spouses for such information. For example, it is very difficult for women migrant domestic workers who are scarcely ever out of sight of their employers to even register with their embassies or file complaints. As such, women may have no outside contacts and no means of making a complaint, and they may suffer violence and abuse for long periods of time before the situation is exposed. In addition, the withholding of passports by employers or the fear of reprisal if the women migrant worker is engaged in sectors that are linked to criminal networks prevent them from making a report.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0022","docId":"cedaw-2009-wp-1-r","idx":22,"n":22,"text":"Undocumented women migrant workers are particularly vulnerable to exploitation and abuse because of their irregular immigration status, which exacerbates their exclusion and the risk of exploitation. They may be exploited as forced labour, and their access to minimum labour rights may be limited by fear of denouncement. They may also face harassment by the police. If they are apprehended, they are usually prosecuted for violations of immigration laws and placed in detention centres, where they are vulnerable to sexual abuse, and then deported. Recommendations to States parties7 Common responsibilities of countries of origin and destination","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0023","docId":"cedaw-2009-wp-1-r","idx":23,"n":23,"text":"Common responsibilities of countries of origin and destination include: (d) Formulating a comprehensive gender-sensitive and rights-based policy: States parties should use the Convention and the general recommendations to formulate a gender-sensitive, rights-based policy on the basis of equality and non-discrimination to regulate and administer all aspects and stages of migration, to facilitate access of women migrant workers to work opportunities abroad, promoting safe migration and ensuring the protection of the rights of women migrant workers (articles 2 (a) and 3); (e) Active involvement of women migrant workers and relevant non-governmental organizations: States parties should seek the active involvement of women migrant workers and relevant non-governmental organizations in policy formulation, implementation, monitoring and evaluation (article 7 (b)); (f) Research, data collection and analysis: States parties should conduct and support quantitative and qualitative research, data collection and analysis to identify the problems and needs faced by women migrant workers in every phase of the migration process in order to promote the rights of women migrant workers and formulate relevant policies (article 3). Responsibilities specific to countries of origin","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0024","docId":"cedaw-2009-wp-1-r","idx":24,"n":24,"text":"Countries of origin must respect and protect the human rights of their female nationals who migrate for purposes of work. Measures that may be required include, but are not limited to, the following: 7 The articles listed for each recommendation refer to the articles of the Convention on the Elimination of All Forms of Discrimination against Women. (g) Lifting of discriminatory bans or restrictions on migration: States parties should repeal sex-specific bans and discriminatory restrictions on women’s migration on the basis of age, marital status, pregnancy or maternity status. They should lift restrictions that require women to get permission from their spouse or male guardian to obtain a passport or to travel (article 2 (f)); (h) Education, awareness-raising and training with standardized content: States parties should develop an appropriate education and awareness-raising programme in close consultation with concerned non-governmental organizations, gender and migration specialists, women workers with migration experience and reliable recruiting agencies. In that regard, States parties should (articles 3, 5, 10 and 14): (i) Deliver or facilitate free or affordable gender- and rights-based pre-departure information and training programmes that raise prospective women migrant workers’ awareness of potential exploitation, including: recommended contents of labour contracts, legal rights and entitlements in countries of employment, procedures for invoking formal and informal redress mechanisms, processes by which to obtain information about employers, cultural conditions in countries of destination, stress management, first aid and emergency measures, including emergency telephone numbers of home embassy, and services; information about safety in transit, including airport and airline orientations and information on general and reproductive health, including HIV/AIDS prevention. Such training programmes should be targeted to women who are prospective migrant workers through an effective outreach programme and held in decentralized training venues so that they are accessible to women; (ii) Provide a list of authentic, reliable recruitment agencies and create a unified information system on available jobs abroad; (iii) Provide information on methods and procedures for migrating to work for women workers who wish to migrate independently of recruitment agencies; (iv) Require recruitment agencies to participate in awareness-raising and training programmes and sensitize them on the rights of women migrant workers, the forms of sex- and gender-based discrimination, the exploitation women could experience and responsibilities of agencies towards the women; (v) Promote community awareness-raising concerning the costs and benefits of all forms of migration for women and conduct cross-cultural awareness-raising activities addressed to the general public, which should highlight the risks, dangers and opportunities of migration, the entitlement of women to their earnings in the interest of ensuring their financial security and the need to maintain a balance between women’s familial responsibility and their responsibility to themselves. Such an awareness-raising progarmme could be carried out through formal and informal educational programmes; (vi) Encourage the media, information and communication sectors to contribute to awareness-raising on migration issues, including on the contributions women migrant workers make to the economy, women’s vulnerability to exploitation and discrimination and the various sites at which such exploitation occurs; (i) Regulations and monitoring systems, as follows: (vii) States parties should adopt regulations and design monitoring systems to ensure that recruiting agents and employment agencies respect the rights of all women migrant workers. States parties should include in their legislation a comprehensive definition of irregular recruitment along with a provision on legal sanctions for breaches of the law by recruitment agencies (article 2 (e)); (viii) States parties should also implement accreditation programmes to ensure good practices among recruitment agencies (article 2 (e)); (j) Health services: States parties should ensure the provision of standardized and authentic health certificates if required by countries of destination and require prospective employers to purchase medical insurance for women migrant workers. All required pre-departure HIV/AIDS testing or pre-departure health examinations must be respectful of the human rights of women migrants. Special attention should be paid to voluntariness, the provision of free or affordable services and to the problems of stigmatization (articles 2 (f) and 12); (k) Travel documents: States parties should ensure that women have equal and independent access to travel documents (article 2 (d)); (l) Legal and administrative assistance: States parties should ensure the availability of legal assistance in connection with migration for work. For example, legal reviews should be available to ensure that work contracts are valid and protect women’s rights on a basis of equality with men (articles 3 and 11); (m) Safeguarding remittances of income: States parties should establish measures to safeguard the remittances of women migrant workers and provide information and assistance to women to access formal financial institutions to send money home and to encourage them to participate in savings schemes (articles 3 and 11); (n) Facilitating the right to return: States parties should ensure that women who wish to return to their countries of origin are able to do so free of coercion and abuse (article 3); (o) Services to women upon return: States parties should design or oversee comprehensive socio-economic, psychological and legal services aimed at facilitating the reintegration of women who have returned. They should monitor service providers to ensure that they do not take advantage of the vulnerable position of women returning from work abroad, and should have complaint mechanisms to protect the women against reprisals by recruiters, employers or former spouses (articles 2 (c) and 3); (p) Diplomatic and consular protection: States parties must properly train and supervise their diplomatic and consular staff to ensure that they fulfil their role in protecting the rights of women migrant workers abroad. Such protection should include quality support services available to women migrants, including timely provision of interpreters, medical care, counselling, legal aid and shelter when needed. Where States parties have specific obligations under customary international law or treaties such as the Vienna Convention on Consular Relations, those obligations must be carried out in full in relation to women migrant workers (article 3); Responsibilities specific to countries of transit","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0025","docId":"cedaw-2009-wp-1-r","idx":25,"n":25,"text":"States parties through which migrant women travel should take all appropriate steps to ensure that their territories are not used to facilitate the violation of the rights of women migrant workers. Measures that may be required include, but are not limited to, the following: (q) Training, monitoring and supervision of Government agents: States parties should ensure that their border police and immigration officials are adequately trained, supervised and monitored for gender-sensitivity and non-discriminatory practices when dealing with women migrants (article 2 (d)); (r) Protection against violations of migrant women workers’ rights that take place under their jurisdiction: States parties should take active measures to prevent, prosecute and punish all migration-related human rights violations that occur under their jurisdiction, whether perpetrated by public authorities or private actors. States parties should provide or facilitate services and assistance in situations where women travelling with an agent or escort have been abandoned, make all attempts to trace perpetrators and take legal action against them (articles 2 (c) and (e)); Responsibilities specific to countries of destination","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0026","docId":"cedaw-2009-wp-1-r","idx":26,"n":26,"text":"States parties in countries where migrant women work should take all appropriate measures to ensure non-discrimination and the equal rights of women migrant workers, including in their own communities. Measures that may be required include, but are not limited to, the following: (s) Lifting of discriminatory bans or restrictions on immigration: States parties should repeal outright bans and discriminatory restrictions on women’s immigration. They should ensure that their visa schemes do not indirectly discriminate against women by restricting permission to women migrant workers to be employed in certain job categories where men predominate, or by excluding certain female-dominated occupations from visa schemes. Further, they should lift bans that prohibit women migrant workers from getting married to nationals or permanent residents, becoming pregnant or securing independent housing (article 2 (f)); (t) Legal protection for the rights of women migrant workers: States parties should ensure that constitutional and civil law and labour codes provide to women migrant workers the same rights and protection that are extended to all workers in the country, including the right to organize and freely associate. They should ensure that contracts for women migrant workers are legally valid. In particular, they should ensure that occupations dominated by women migrant workers, such as domestic work and some forms of entertainment, are protected by labour laws, including wage and hour regulations, health and safety codes and holiday and vacation leave regulations. The laws should include mechanisms for monitoring workplace conditions of migrant women, especially in the kinds of jobs where they dominate (articles 2 (a), (f) and 11); (u) Access to remedies: States parties should ensure that women migrant workers have the ability to access remedies when their rights are violated. Specific measures include, but are not limited to, the following (articles 2 (c), (f) and 3): (ix) Promulgate and enforce laws and regulations that include adequate legal remedies and complaints mechanisms, and put in place easily accessible dispute resolution mechanisms, protecting both documented and undocumented women migrant workers from discrimination or sex-based exploitation and abuse; (x) Repeal or amend laws that prevent women migrant workers from using the courts and other systems of redress. These include laws on loss of work permit, which results in loss of earnings and possible deportation by immigration authorities when a worker files a complaint of exploitation or abuse and while pending investigation. States parties should introduce flexibility into the process of changing employers or sponsors without deportation in cases where workers complain of abuse; (xi) Ensure that women migrant workers have access to legal assistance and to the courts and regulatory systems charged with enforcing labour and employment laws, including through free legal aid; (xii) Provide temporary shelters for women migrant workers who wish to leave abusive employers, husbands or other relatives and provide facilities for safe accommodation during trial; (v) Legal protection for the freedom of movement: States parties should ensure that employers and recruiters do not confiscate or destroy travel or identity documents belonging to women migrants. States parties should also take steps to end the forced seclusion or locking in the homes of women migrant workers, especially those working in domestic service. Police officers should be trained to protect the rights of women migrant workers from such abuses (article 2 (e)); (w) Non-discriminatory family reunification schemes: States parties should ensure that family reunification schemes for migrant workers are not directly or indirectly discriminatory on the basis of sex (article 2 (f)); (x) Non-discriminatory residency regulations: when residency permits of women migrant workers are premised on the sponsorship of an employer or spouse, States parties should enact provisions relating to independent residency status. Regulations should be made to allow for the legal stay of a woman who flees her abusive employer or spouse or is fired for complaining about abuse (article 2 (f)); (y) Training and awareness-raising: States parties should provide mandatory awareness-raising programmes concerning the rights of migrant women workers and gender sensitivity training for relevant public and private recruitment agencies and employers and relevant State employees, such as criminal justice officers, border police, immigration authorities, border police and social service and health-care providers (article 3); (z) Monitoring systems: States parties should adopt regulations and design monitoring systems to ensure that recruiting agents and employers respect the rights of all women migrant workers. States parties should closely monitor recruiting agencies and prosecute them for acts of violence, coercion, deception or exploitation (article 2 (e)); (aa) Access to services: States parties should ensure that linguistically and culturally appropriate gender-sensitive services for women migrant workers are available, including language and skills training programmes, emergency shelters, health-care services, police services, recreational programmes and programmes designed especially for isolated women migrant workers, such as domestic workers and others secluded in the home, in addition to victims of domestic violence. Victims of abuse must be provided with relevant emergency and social services, regardless of their immigration status (articles 3, 5 and 12); (ab) The rights of women migrant workers in detention, whether they are documented or undocumented: States parties should ensure that women migrant workers who are in detention do not suffer discrimination or gender-based violence, and that pregnant and breastfeeding mothers as well as women in ill health have access to appropriate services. They should review, eliminate or reform laws, regulations, or policies that result in a disproportionate number of women migrant workers being detained for migration-related reasons (articles 2 (d) and 5); (ac) Social inclusion of women migrant workers: States parties should adopt policies and programmes with the aim of enabling women migrant workers to integrate into the new society. Such efforts should be respectful of the cultural identity of women migrant workers and protective of their human rights, in compliance with the Convention (article 5); (ad) Protection of undocumented women migrant workers: the situation of undocumented women needs specific attention. Regardless of the lack of immigration status of undocumented women migrant workers, States parties have an obligation to protect their basic human rights. Undocumented women migrant workers must have access to legal remedies and justice in cases of risk to life and of cruel and degrading treatment, or if they are coerced into forced labour, face deprivation of fulfilment of basic needs, including in times of health emergencies or pregnancy and maternity, or if they are abused physically or sexually by employers or others. If they are arrested or detained, the States parties must ensure that undocumented women migrant workers receive humane treatment and have access to due process of the law, including through free legal aid. In that regard, States parties should repeal or amend laws and practices that prevent undocumented women migrant workers from using the courts and other systems of redress. If deportation cannot be avoided, States parties need to treat each case individually, with due consideration to the gender-related circumstances and risks of human rights violations in the country of origin (articles 2 (c), (e) and (f)); Bilateral and regional cooperation","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0027","docId":"cedaw-2009-wp-1-r","idx":27,"n":27,"text":"Measures that are required include but are not limited to the following: (ae) Bilateral and regional agreements: States parties who are sending or receiving and transit countries should enter into bilateral or regional agreements or memorandums of understanding protecting the rights of women migrant workers as elaborated in this general recommendation (article 3); (af) Best practices and sharing of information, as follows: (xiii) States parties are also encouraged to share their experience of best practices and relevant information to promote the full protection of the rights of women migrant workers (article 3); (xiv) States parties should cooperate on providing information on perpetrators of violations of the rights of women migrant workers. When provided with information regarding perpetrators within their territory, States parties should take measures to investigate, prosecute and punish them (article 2 (c)). Recommendations concerning monitoring and reporting","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008,"citedArticles":[{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-2009-wp-1-r-0028","docId":"cedaw-2009-wp-1-r","idx":28,"n":28,"text":"States parties should include in their reports information about the legal framework, policies and programmes they have implemented to protect the rights of women migrant workers, taking into consideration the sex- and gender-based human rights concerns listed in paragraphs 10 to 22 and guided by the recommendations given in paragraphs 23 to 27 of this general recommendation. Adequate data should be collected on the enforcement and effectiveness of laws, policies and programmes and the de facto situation of women migrant workers, so that the information in the reports is meaningful. This information should be provided under the most appropriate articles of the Convention, guided by the suggestions given against all the recommendations. Ratification or accession to relevant human rights treaties","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-2009-wp-1-r-0029","docId":"cedaw-2009-wp-1-r","idx":29,"n":29,"text":"States parties are encouraged to ratify all international instruments relevant to the protection of the human rights of migrant women workers, in particular, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2008},{"id":"cedaw-c-gc-27-0001","docId":"cedaw-c-gc-27","idx":1,"n":1,"text":"1. The Committee on the Elimination of Discrimination against Women (hereinafter “the Committee”), concerned about the multiple forms of discrimination experienced by older women and that older women’s rights are not systematically addressed in the reports of States parties, decided at its forty-second session, held from 20 October to 7 November 2008, pursuant to article 21 of the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter “the Convention”), to adopt a general recommendation on older women and protection of their human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"}]},{"id":"cedaw-c-gc-27-0002","docId":"cedaw-c-gc-27","idx":2,"n":2,"text":"2. In its decision 26/III of 5 July 2002, the Committee acknowledged that the Convention “is an important tool for addressing the specific issue of the human rights of older women.”[[fn:1]] General recommendation No. 25 on article 4, paragraph 1, of the Convention (temporary special measures) also recognizes that age is one of the grounds on which women may suffer multiple forms of discrimination. In particular, the Committee recognized the need for statistical data, disaggregated by age and sex, in order to better assess the situation of older women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"footnotes":[{"n":1,"text":"See Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 38 (A/57/38, Part One, chap. I, decision 26/III, and chap. VII, paras. 430-436)."}],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-27-0003","docId":"cedaw-c-gc-27","idx":3,"n":3,"text":"3. The Committee affirms previous commitments to older women’s rights enshrined in, inter alia, the Vienna International Plan of Action on Ageing,[[fn:2]] the Beijing Declaration and Platform for Action,[[fn:3]] the United Nations Principles for Older Persons (General Assembly resolution 46/91, annex), the Programme of Action of the International Conference on Population and Development,[[fn:4]] the Madrid International Plan of Action on Ageing 2002,[[fn:5]] Committee on Economic, Social and Cultural Rights general comment No. 6 on the economic, social and cultural rights of older persons (1995), and general comment No. 19 on the right to social security (2008).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"footnotes":[{"n":2,"text":"Report of the World Assembly on Ageing, Vienna, 26 July-6 August 1982 (United Nations publication, Sales No. E.I.16), chap. VI, sect. A."},{"n":3,"text":"Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annexes I and II."},{"n":4,"text":"Report of the International Conference on Population and Development, Cairo, 5-13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex."},{"n":5,"text":"Report of the Second World Assembly on Ageing, Madrid, 8-12 April 2002 1995 (United Nations publication, Sales No. E.02.IV.4), chap. I, resolution 1, annex II."}]},{"id":"cedaw-c-gc-27-0004","docId":"cedaw-c-gc-27","idx":4,"n":4,"text":"4. Current United Nations figures estimate that within 36 years there will be more people over the age of 60 than children under 15 years, globally. It is estimated that by 2050, the number of older people will be over 2 billion, or 22 per cent of the global population, an unprecedented doubling of the present 11 per cent of the population that is over 60.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Background"]},{"id":"cedaw-c-gc-27-0005","docId":"cedaw-c-gc-27","idx":5,"n":5,"text":"5. The gendered nature of ageing reveals that women tend to live longer than men, and that more older women than men live alone. While there are 83 men for every 100 women over the age of 60, there are only 59 men for every 100 women over the age of 80. Further, statistics from the United Nations Department of Economic and Social Affairs indicate that 80 per cent of men over 60 are married compared with only 48 per cent of older women.[[fn:6]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"footnotes":[{"n":6,"text":"United Nations Department of Economic and Social Affairs, Population Ageing and Development 2009 Chart, available at http://www.un.org/esa/population/publications/ageing/ageing2009.htm."}],"section":["Background"]},{"id":"cedaw-c-gc-27-0006","docId":"cedaw-c-gc-27","idx":6,"n":6,"text":"6. This unprecedented demographic ageing, due to improved living standards and basic health-care systems as well as declines in fertility and rising longevity, can be considered a successful outcome of development efforts and one that is set to continue, making the twenty-first century, the century of ageing. However, such demographic changes have profound human rights implications and increase the urgency of addressing the discrimination experienced by older women in a more comprehensive and systematic manner through the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Background"]},{"id":"cedaw-c-gc-27-0007","docId":"cedaw-c-gc-27","idx":7,"n":9,"text":"The issue of ageing is shared by both developed and developing countries. The proportion of older persons in less developed countries is expected to increase from 8 per cent in 2010 to 20 per cent by 2050, while the proportion of children will decrease from 29 to 20 per cent. The number of older women living in less developed regions will increase by 600 million within the period 2010 to 2050. This demographic shift presents major challenges for developing countries. The ageing of society is a well-established trend and a significant feature in most developed countries.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Background"],"footnotes":[{"n":7,"text":"Ibid."},{"n":8,"text":"United Nations Department of Economic and Social Affairs, Population Division, World Population Prospects: The 2008 Revision Population Database, http://esa.un.org/unpp/index.asp?panel=1."},{"n":9,"text":"Ibid."}]},{"id":"cedaw-c-gc-27-0008","docId":"cedaw-c-gc-27","idx":8,"n":8,"text":"8. Older women are not a homogeneous group. They have a great diversity of experience, knowledge, ability and skills, however, their economic and social situation is dependent on a range of demographic, political, environmental, cultural, social, individual and family factors. The contribution of older women in public and private life as leaders in their communities, entrepreneurs, caregivers, advisers, mediators, among other roles, is invaluable.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Background"]},{"id":"cedaw-c-gc-27-0009","docId":"cedaw-c-gc-27","idx":9,"n":9,"text":"9. This general recommendation on older women and promotion of their rights explores the relationship between the articles of the Convention and ageing. It identifies the multiple forms of discrimination that women face as they age, outlines the content of the obligations to be assumed by States parties with regard to ageing with dignity and older women’s rights, and includes policy recommendations aimed at mainstreaming the responses to the concerns of older women into national strategies, development initiatives and positive action so that older women can fully participate in society without discrimination and on an equal basis with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Purpose and objective"]},{"id":"cedaw-c-gc-27-0010","docId":"cedaw-c-gc-27","idx":10,"n":10,"text":"10. The general recommendation also provides guidance to States parties on the inclusion of the situation of older women in their reports on the implementation of the Convention. The elimination of all forms of discrimination against older women can only be achieved by fully respecting and protecting their dignity and their right to integrity and self-determination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Purpose and objective"]},{"id":"cedaw-c-gc-27-0011","docId":"cedaw-c-gc-27","idx":11,"n":11,"text":"11. While both men and women experience discrimination as they become older, older women experience ageing differently. The impact of gender inequality throughout their lifespan is exacerbated in old age and is often based on deep-rooted cultural and social norms. The discrimination that older women experience is often a result of unfair resource allocation, maltreatment, neglect and limited access to basic services.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0012","docId":"cedaw-c-gc-27","idx":12,"n":12,"text":"12. Concrete forms of discrimination against older women may differ considerably under various socio-economic circumstances and in various sociocultural environments, depending on the equality of opportunities and choices regarding education, employment, health, family and private life. In many countries, the lack of telecommunication skills, access to adequate housing, social services and the Internet, loneliness and isolation pose problems for older women. Older women living in rural areas or urban slums often suffer a severe lack of basic resources for subsistence, income security, access to health care, information on and enjoyment of their entitlements and rights.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0013","docId":"cedaw-c-gc-27","idx":13,"n":13,"text":"13. The discrimination experienced by older women is often multidimensional, with the age factor compounding other forms of discrimination based on gender, ethnic origin, disability, poverty levels, sexual orientation and gender identity, migrant status, marital and family status, literacy and other grounds. Older women who are members of minority, ethnic or indigenous groups, internally displaced or stateless often experience a disproportionate degree of discrimination.","labels":["Indigenous peoples","Migrants","Women/girls","Persons living in poverty","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0014","docId":"cedaw-c-gc-27","idx":14,"n":14,"text":"14. Many older women face neglect as they are no longer considered useful in their productive and reproductive roles, and are seen as a burden on their families. Widowhood and divorce further exacerbate discrimination, while lack of or limited access to health-care services for diseases and conditions, such as diabetes, cancer, hypertension, heart disease, cataract, osteoporosis and Alzheimer, prevent older women from enjoying their full human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0015","docId":"cedaw-c-gc-27","idx":15,"n":15,"text":"15. The full development and advancement of women can only be achieved through a life-cycle approach that recognizes and addresses the different stages of women’s lives from childhood through adolescence, adulthood and old age and the impact of each stage on the enjoyment of human rights by older women. The rights enshrined in the Convention are applicable at all stages of a woman’s life. However, in many countries, age discrimination is still tolerated and accepted at the individual, institutional and policy levels, and few countries have legislation prohibiting discrimination based on age.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0016","docId":"cedaw-c-gc-27","idx":16,"n":16,"text":"16. Gender stereotyping, traditional and customary practices can have harmful impacts on all areas of the lives of older women, in particular those with disabilities, including family relationships, community roles, portrayal in the media, employers’ attitudes, health care and other service providers, and can result in physical violence as well as psychological, verbal and financial abuse.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0017","docId":"cedaw-c-gc-27","idx":17,"n":17,"text":"17. Older women are often discriminated against through restrictions that hamper their participation in political and decision-making processes. For example, lack of identification documents or transportation may prevent older women from voting. In some countries, older women are not allowed to form or participate in associations or other non-governmental groups to campaign for their rights. Further, the mandatory retirement age may be lower for women than for men, which may be discriminatory against women, including those who represent their Governments at the international level.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0018","docId":"cedaw-c-gc-27","idx":18,"n":18,"text":"18. Older women with refugee status or who are stateless or asylum-seekers, as well as those who are migrant workers or internally displaced, often face discrimination, abuse and neglect. Older women affected by forced displacement or statelessness may suffer from post-traumatic stress syndrome, which may not be recognized or treated by health-care providers. Older refugee and internally displaced women are sometimes denied access to health care because they lack legal status or legal documents and/or are resettled far from health-care facilities. They may also experience cultural and language barriers in accessing services.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0019","docId":"cedaw-c-gc-27","idx":19,"n":19,"text":"19. Employers often regard older women as non-profitable investments for education and vocational training. Older women also do not have equal opportunities to learn modern information technology, nor the resources to obtain them. Many poor older women, especially those with disabilities and those living in rural areas, are denied the right to education and receive little or no formal or informal education. Illiteracy and innumeracy can severely restrict older women’s full participation in public and political life, the economy, and access to a range of services, entitlements and recreational activities.","labels":["Women/girls","Persons with disabilities","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0020","docId":"cedaw-c-gc-27","idx":20,"n":20,"text":"20. Women are fewer in the formal employment sector. Women also tend to be paid less than men for the same work or work of equal value. Moreover, gender-based discrimination in employment throughout their life has a cumulative impact in old age, forcing older women to face disproportionately lower incomes and pensions, or even no pension, compared with men. In general comment No. 19, the Committee on Economic, Social and Cultural Rights recognizes that non-contributory pensions will be required in most States since it is unlikely that everyone will be covered by contributory schemes (para. 4 (b)), while article 28, paragraph 2 (b) of the Convention on the Rights of Person with Disabilities provides for social protection for older women, particularly those with disabilities. Since the old-age pension payable is usually closely linked to earnings during active life, older women often end up with lower pensions compared with men. Furthermore, older women are particularly affected by discrimination on the basis of age and sex, which results in a different mandatory retirement age than that for men. Women should be subject to an optional retirement age so as to protect older women’s right to continue working if they wish to and to accumulate pension benefits, where applicable, at par with men. It is a known fact that many older women care for, and are sometimes the sole caregivers of, dependent young children, spouses/partners or elderly parents or relatives. The financial and emotional cost of this unpaid care is rarely recognized.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"],"citedArticles":[{"treaty":"CEDAW","article":"28","source":"regex"}]},{"id":"cedaw-c-gc-27-0021","docId":"cedaw-c-gc-27","idx":21,"n":21,"text":"21. Older women’s right to self-determination and consent with regard to health care are not always respected. Social services, including long-term care, for older women might be disproportionately reduced when public expenditure is cut. Post-menopausal, post-reproductive and other age-related and gender-specific physical and mental health conditions and diseases tend to be overlooked by research, academic studies, public policy and service provision. Information on sexual health and HIV/AIDS is rarely provided in a form that is acceptable, accessible and appropriate for older women. Many older women do not have private health insurance, or are excluded from State-funded schemes because they did not contribute to a scheme during their working life in the informal sector or providing unpaid care.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0022","docId":"cedaw-c-gc-27","idx":22,"n":22,"text":"22. Older women may not be eligible to claim family benefits if they are not the parent or legal guardian of children in their care.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0023","docId":"cedaw-c-gc-27","idx":23,"n":23,"text":"23. Microcredit and finance schemes usually have age restrictions or other criteria that prevent older women from accessing them. Many older women, particularly those who are confined to their homes, are unable to participate in cultural, recreational and community activities, which leaves them isolated and has a negative impact on their well-being. Often, not enough attention is given to the requirements for independent living, such as personal assistance, adequate housing, including accessible housing arrangements and mobility aids.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0024","docId":"cedaw-c-gc-27","idx":24,"n":24,"text":"24. In many countries, the majority of older women live in rural areas where access to services is even more difficult due to their age and poverty levels. Many older women receive irregular, insufficient or no remittances from their migrant-worker children. Denial of their right to water, food and housing is part of the everyday life of many poor, rural older women. Older women may not be able to afford proper food due to a combination of factors such as the high price of food and the inadequacy of their incomedue to discrimination with regard to employment, social security and access to resources. Lack of access to transportation can prevent older women from accessing social services or participating in community and cultural activities. Such lack of access may be due to the fact that older women have low incomes and the inadequacy of public policy in providing affordable and accessible public transport to meet the needs of older women.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0025","docId":"cedaw-c-gc-27","idx":25,"n":25,"text":"25. Climate change impacts differently on women, especially older women who, due to their physiological differences, physical ability, age and gender, as well as social norms and roles and an inequitable distribution of aid and resources relating to social hierarchies, are particularly disadvantaged in the face of natural disasters. Their limited access to resources and decision-making processes increases their vulnerability to climate change.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0026","docId":"cedaw-c-gc-27","idx":26,"n":26,"text":"26. Under some statutory and customary laws, women do not have the right to inherit and administer marital property on the death of their spouse. Some legal systems justify this by providing widows with other means of economic security, such as support payments from the deceased’s estate. However, in reality, such provisions are seldom enforced, and widows are often left destitute. Some laws particularly discriminate against older widows, and some widows are victims of “property grabbing.”","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0027","docId":"cedaw-c-gc-27","idx":27,"n":27,"text":"27. Older women are particularly vulnerable to exploitation and abuse, including economic abuse, when their legal capacity is deferred to lawyers or family members, without their consent.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0028","docId":"cedaw-c-gc-27","idx":28,"n":28,"text":"28. The Committee’s general recommendation No. 21 (1994) states that “[p]olygamous marriage contravenes a woman’s right to equality with men, and can have such serious emotional and financial consequences for her and her dependants that such marriages ought to be discouraged and prohibited” (para. 14). Nevertheless, polygamy is still practised in many States parties, and many women are in polygamous unions. Older wives are often neglected in polygamous marriages once they are no longer considered to be reproductively or economically active.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Specific areas of concern"]},{"id":"cedaw-c-gc-27-0029","docId":"cedaw-c-gc-27","idx":29,"n":29,"text":"29. State parties must recognize that older women are an important resource to society, and have the obligation to take all appropriate measures, including legislation, to eliminate discrimination against older women. States parties should adopt gender-sensitive and age-specific policies and measures, including temporary special measures, in line with article 4, paragraph 1 of the Convention and general recommendations No. 23 (1997) and No. 25 (2004) of the Committee, to ensure that older women participate fully and effectively in the political, social, economic, cultural and civil life, and any other field in their societies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-27-0030","docId":"cedaw-c-gc-27","idx":30,"n":30,"text":"30. States parties have an obligation to ensure the full development and advancement of women throughout their life cycle in times of both peace and conflict, as well as in the event of any man-made and/or natural disaster. States parties should therefore ensure that all legal provisions, policies and interventions aimed at the full development and advancement of women do not discriminate against older women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0031","docId":"cedaw-c-gc-27","idx":31,"n":31,"text":"31. States parties’ obligations should take into account the multidimensional nature of discrimination against women and ensure that the principle of gender equality applies throughout women’s life cycle, in legislation and in the practical implementation thereof. In this regard, States parties are urged to repeal or amend existing laws, regulations and customs that discriminate against older women, and ensure that legislation proscribes discrimination on the grounds of age and sex.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0032","docId":"cedaw-c-gc-27","idx":32,"n":32,"text":"32. In order to support legal reform and policy formulation, States parties are urged to collect, analyse and disseminate data disaggregated by age and sex, so as to have information on the situation of older women, including those living in rural areas, areas of conflict, belonging to minority groups, and with disabilities. Such data should especially focus, among other issues, on poverty, illiteracy, violence, unpaid work, including care-giving to those living with or affected by HIV/AIDS, migration, access to health care, housing, social and economic benefits and employment.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0033","docId":"cedaw-c-gc-27","idx":33,"n":33,"text":"33. States parties should provide older women with information on their rights and how to access legal services. They should train the police, judiciary as well as legal aid and paralegal services on the rights of older women, and sensitize and train public authorities and institutions on age- and gender-related issues that affect older women. Information, legal services, effective remedies and reparation must be made equally available and accessible to older women with disabilities.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0034","docId":"cedaw-c-gc-27","idx":34,"n":34,"text":"34. States parties should enable older women to seek redress for and resolve infringements of their rights, including the right to administer property, and ensure that older women are not deprived of their legal capacity on arbitrary or discriminatory grounds.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0035","docId":"cedaw-c-gc-27","idx":35,"n":35,"text":"35. States parties should ensure that climate change and disaster risk-reduction measures are gender-responsive and sensitive to the needs and vulnerabilities of older women. States parties should also facilitate the participation of older women in decision-making for climate change mitigation and adaptation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","General"]},{"id":"cedaw-c-gc-27-0036","docId":"cedaw-c-gc-27","idx":36,"n":36,"text":"36. States parties have an obligation to eliminate negative stereotyping and modify social and cultural patterns of conduct that are prejudicial and harmful to older women, so as to reduce the physical, sexual, psychological, verbal and economic abuse that older women, including those with disabilities, experience based on negative stereotyping and cultural practices.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Stereotypes"]},{"id":"cedaw-c-gc-27-0037","docId":"cedaw-c-gc-27","idx":37,"n":37,"text":"37. States parties have an obligation to draft legislation recognizing and prohibiting violence, including domestic, sexual violence and violence in institutional settings, against older women, including those with disabilities. States parties have an obligation to investigate, prosecute and punish all acts of violence against older women, including those committed as a result of traditional practices and beliefs.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Violence"]},{"id":"cedaw-c-gc-27-0038","docId":"cedaw-c-gc-27","idx":38,"n":38,"text":"38. State parties should pay special attention to the violence suffered by older women in times of armed conflict, the impact of armed conflicts on the lives of older women, and the contribution that older women can make to the peaceful settlement of conflicts and to reconstruction processes. States parties should give due consideration to the situation of older women when addressing sexual violence, forced displacement and the conditions of refugees during armed conflict. States parties should take into account relevant United Nations resolutions on women and peace and security when addressing such matters, including, in particular, Security Council resolutions 1325 (2000), 1820 (2008) and 1889 (2009).","labels":["Refugees & asylum-seekers","Women/girls","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Violence"]},{"id":"cedaw-c-gc-27-0039","docId":"cedaw-c-gc-27","idx":39,"n":39,"text":"39. States parties have an obligation to ensure that older women have the opportunity to participate in public and political life, and hold public office at all levels and that older women have the necessary documentation to register to vote and run as candidates for election.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Participation in public life"]},{"id":"cedaw-c-gc-27-0040","docId":"cedaw-c-gc-27","idx":40,"n":40,"text":"40. States parties have an obligation to ensure equal opportunity in the field of education for women of all ages, and to ensure that older women have access to adult education and lifelong learning opportunities as well as to the educational information they need for their well-being and that of their families.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Education"]},{"id":"cedaw-c-gc-27-0041","docId":"cedaw-c-gc-27","idx":41,"n":41,"text":"41. States parties have an obligation to facilitate the participation of older women in paid work without discrimination based on their age and gender. States parties should ensure that special attention is paid to addressing problems that older women might face in their working life, and that they are not forced into early retirement or similar situations. States parties should also monitor the impact of gender-related pay gaps on older women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Work and pension benefits"]},{"id":"cedaw-c-gc-27-0042","docId":"cedaw-c-gc-27","idx":42,"n":42,"text":"42. States parties have an obligation to ensure that the retirement age in both the public and private sectors do not discriminate against women. Consequently, States parties have an obligation to ensure that pension policies are not discriminatory in any manner, even when women opt to retire early, and that all older women who have been active have access to adequate pensions. States parties should adopt all appropriate measures, including, where necessary, temporary special measures, to guarantee such pensions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Work and pension benefits"]},{"id":"cedaw-c-gc-27-0043","docId":"cedaw-c-gc-27","idx":43,"n":43,"text":"43. States parties should ensure that older women, including those who have the responsibility for the care of children, have access to appropriate social and economic benefits, such as childcare benefits, as well as access to all necessary support when caring for elderly parents or relatives.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Work and pension benefits"]},{"id":"cedaw-c-gc-27-0044","docId":"cedaw-c-gc-27","idx":44,"n":44,"text":"44. States parties should provide adequate non-contributory pensions, on an equal basis with men, to all women who have no other pension or insufficient income security, and State-funded allowances should be made available and accessible to older women, particularly those living in remote or rural areas.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Work and pension benefits"]},{"id":"cedaw-c-gc-27-0045","docId":"cedaw-c-gc-27","idx":45,"n":45,"text":"45. States parties should adopt a comprehensive health-care policy aimed at protecting the health needs of older women in line with the Committee’s general recommendation No. 24 (1999) on women and health. Such policy should ensure affordable and accessible health care to all older women through, where appropriate, the elimination of user fees, training of health workers in geriatric illnesses, provision of medicine to treat age-related chronic and non-communicable diseases, long-term health and social care, including care that allows for independent living and palliative care. Long-term care provisions should include interventions promoting behavioural and lifestyle changes to delay the onset of health problems, such as healthy nutritional practices and an active lifestyle, and affordable access to health-care services, including screening for and treatment of diseases, in particular those most prevalent among older women. Health policies must also ensure that health care provided to older women, including those with disabilities, is based on the free and informed consent of the person concerned.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Health"]},{"id":"cedaw-c-gc-27-0046","docId":"cedaw-c-gc-27","idx":46,"n":46,"text":"46. States parties should adopt special programmes tailored to the physical, mental, emotional and health needs of older women, with special focus on women belonging to minorities and women with disabilities, as well as women tasked with caring for grandchildren and other young family dependants due to the migration of young adults, and women caring for family members living with or affected by HIV/AIDS.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Health"]},{"id":"cedaw-c-gc-27-0047","docId":"cedaw-c-gc-27","idx":47,"n":47,"text":"47. States parties have an obligation to eliminate discrimination in all its forms against older women in economic and social life. All barriers based on age and gender to accessing agricultural credit and loans should be removed and access to appropriate technology for older women farmers and small landholders should be ensured. States parties should provide special support systems and collateral-free microcredit, as well as encourage micro-entrepreneurship for older women. Recreational facilities for older women should be created and outreach services should be provided to older women who are confined to their homes. States parties should provide affordable and appropriate transportation to enable older women, including those living in rural areas, to participate in economic and social life, including community activities.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Economic empowerment"]},{"id":"cedaw-c-gc-27-0048","docId":"cedaw-c-gc-27","idx":48,"n":48,"text":"48. States Parties should take necessary measures to ensure older women have access to adequate housing that meet their specific needs, and all barriers, architectural and other, that hinder the mobility of older persons and lead to forced confinement should be removed. States parties should provide social services that enable older women to remain in their homes and live independently for as long as possible. Laws and practices that negatively affect older women's right to housing, land and property should be abolished. States parties should also protect older women against forced evictions and homelessness.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Social benefits"]},{"id":"cedaw-c-gc-27-0049","docId":"cedaw-c-gc-27","idx":49,"n":49,"text":"49. States parties should ensure that older women are included and represented in rural and urban development planning processes. States parties should ensure the provision of affordable water, electricity and other utilities to older women. Policies aimed at increasing access to safe water and adequate sanitation should ensure that the related technologies are accessible and do not require undue physical strength.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Rural and other vulnerable older women"]},{"id":"cedaw-c-gc-27-0050","docId":"cedaw-c-gc-27","idx":50,"n":50,"text":"50. States parties should adopt appropriate gender- and age-sensitive laws and policies to ensure the protection of older women with refugee status or who are stateless, as well as those who are internally displaced or are migrant workers.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Rural and other vulnerable older women"]},{"id":"cedaw-c-gc-27-0051","docId":"cedaw-c-gc-27","idx":51,"n":51,"text":"51. States parties have an obligation to repeal all legislation that discriminates against older women in the area of marriage and in the event of its dissolution, including with regard to property and inheritance.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Marriage and family life"]},{"id":"cedaw-c-gc-27-0052","docId":"cedaw-c-gc-27","idx":52,"n":52,"text":"52. States parties must repeal all legislation that discriminates against older widows in respect of property and inheritance, and protect them from land grabbing. They must adopt laws of intestate succession that comply with their obligations under the Convention. Furthermore, they should take measures to end practices that force older women to marry against their will, and ensure that succession is not conditional on forced marriage to a deceased husband’s sibling or any other person.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Marriage and family life"]},{"id":"cedaw-c-gc-27-0053","docId":"cedaw-c-gc-27","idx":53,"n":53,"text":"53. States parties should discourage and prohibit polygamous unions, in accordance with general recommendation No. 21, and ensure that upon the death of a polygamous husband, his estate is shared equally among his wives and their respective children.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["Recommendations","Marriage and family life"]},{"id":"cedaw-c-gc-28-0001","docId":"cedaw-c-gc-28","idx":1,"n":1,"text":"1. Through this general recommendation, the Committee on the Elimination of Discrimination against Women (“the Committee”) aims to clarify the scope and meaning of article 2 of the Convention on the Elimination of All Forms of Discrimination against Women (“the Convention”), which provides ways for States parties to implement domestically the substantive provisions of the Convention. The Committee encourages States parties to translate this general recommendation into national and local languages and to disseminate it widely to all branches of Government, civil society, including the media, academia and human rights and women’s organizations and institutions.2. The Convention is a dynamic instrument that accommodates the development of international law. Since its first session in 1982, the Committee on the Elimination of Discrimination against Women and other actors at the national and international levels have contributed to the clarification and understanding of the substantive content of the Convention’s articles, the specific nature of discrimination against women and the various instruments required for combating such discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0002","docId":"cedaw-c-gc-28","idx":2,"n":2,"text":"The Convention is a dynamic instrument that accommodates the development of international law. Since its first session in 1982, the Committee on the Elimination of Discrimination against Women and other actors at the national and international levels have contributed to the clarification and understanding of the substantive content of the Convention’s articles, the specific nature of discrimination against women and the various instruments required for combating such discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010},{"id":"cedaw-c-gc-28-0003","docId":"cedaw-c-gc-28","idx":3,"n":3,"text":"The Convention is part of a comprehensive international human rights legal framework directed at ensuring the enjoyment by all of all human rights and at eliminating all forms of discrimination against women on the basis of sex and gender. The Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of Persons with Disabilities contain explicit provisions guaranteeing women equality with men in the enjoyment of the rights they enshrine, while other international human rights treaties, such as the International Convention on the Elimination of All Forms of Racial Discrimination, are implicitly grounded in the concept of non-discrimination on the basis of sex and gender. The International Labour Organization (ILO) Conventions No. 100 (1951) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, No. 111 (1958) concerning Discrimination in Respect of Employment and Occupation and No. 156 (1981) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities, the Convention against Discrimination in Education, the Declaration on the Elimination of Discrimination against Women, the Vienna Declaration and Programme of Action, the Cairo Programme of Action and the Beijing Declaration and Platform for Action also contribute to an international legal regime of equality for women with men and non-discrimination. Likewise, the obligations of States entered into under regional human rights systems are complementary to the universal human rights framework.","labels":["Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"]},{"id":"cedaw-c-gc-28-0004","docId":"cedaw-c-gc-28","idx":4,"n":4,"text":"The objective of the Convention is the elimination of all forms of discrimination against women on the basis of sex. It guarantees women the equal recognition, enjoyment and exercise of all human rights and fundamental freedoms in the political, economic, social, cultural, civil, domestic or any other field, irrespective of their marital status, and on a basis of equality with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"]},{"id":"cedaw-c-gc-28-0005","docId":"cedaw-c-gc-28","idx":5,"n":5,"text":"Although the Convention only refers to sex-based discrimination, interpreting article 1 together with articles 2 (f) and 5 (a) indicates that the Convention covers gender-based discrimination against women. The term “sex” here refers to biological differences between men and women. The term “gender” refers to socially constructed identities, attributes and roles for women and men and society’s social and cultural meaning for these biological differences resulting in hierarchical relationships between women and men and in the distribution of power and rights favouring men and disadvantaging women. This social positioning of women and men is affected by political, economic, cultural, social, religious, ideological and environmental factors and can be changed by culture, society and community. The application of the Convention to gender-based discrimination is made clear by the definition of discrimination contained in article 1. This definition points out that any distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of human rights and fundamental freedoms is discrimination, even where discrimination was not intended. This would mean that identical or neutral treatment of women and men might constitute discrimination against women if such treatment resulted in or had the effect of women being denied the exercise of a right because there was no recognition of the pre-existing gender-based disadvantage and inequality that women face. The views of the Committee on this matter are evidenced by its consideration of reports, its general recommendations, decisions, suggestions and statements, its consideration of individual communications and its conduct of inquiries under the Optional Protocol.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"],"citedArticles":[{"article":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"'interpreting article 1 together with articles 2(f) and 5(a) indicates that the Convention covers gender-based discrimination' — CEDAW art.1 (definition of discrimination)."},{"article":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"'articles 2(f)' — CEDAW art.2(f) (obligation to modify/abolish discriminatory laws)."},{"article":"5","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"'5(a)' — CEDAW art.5(a) (modification of social and cultural patterns)."},{"article":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Second ref: 'the definition of discrimination contained in article 1. This definition points out that any distinction, exclusion or restriction which has the effect or purpose of impairing...' — CEDAW art.1."}]},{"id":"cedaw-c-gc-28-0006","docId":"cedaw-c-gc-28","idx":6,"n":6,"text":"Article 2 is crucial to the full implementation of the Convention, since it identifies the nature of the general legal obligations of States parties. The obligations enshrined in article 2 are inextricably linked with all other substantive provisions of the Convention, as States parties have the obligation to ensure that all the rights enshrined in the Convention are fully respected at the national level.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0007","docId":"cedaw-c-gc-28","idx":7,"n":7,"text":"Article 2 of the Convention should be read in conjunction with articles 3, 4, 5 and 24 and in the light of the definition of discrimination contained in article 1. In addition, the scope of the general obligations contained in article 2 should also be construed in the light of the general recommendations, concluding observations, views and other statements issued by the Committee, including the reports on the inquiry procedures and the decisions of individual cases. The spirit of the Convention covers other rights that are not explicitly mentioned in the Convention, but that have an impact on the achievement of equality of women with men, which impact represents a form of discrimination against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"24","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0008","docId":"cedaw-c-gc-28","idx":8,"n":8,"text":"Article 2 calls on States parties to condemn discrimination against women in “all its forms”, while article 3 refers to appropriate measures that States parties are expected to take in “all fields” to ensure the full development and advancement of women. Through these provisions, the Convention anticipates the emergence of new forms of discrimination that had not been identified at the time of its drafting.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-c-gc-28-0009","docId":"cedaw-c-gc-28","idx":9,"n":9,"text":"Under article 2, States parties must address all aspects of their legal obligations under the Convention to respect, protect and fulfil women’s right to non-discrimination and to the enjoyment of equality. The obligation to respect requires that States parties refrain from making laws, policies, regulations, programmes, administrative procedures and institutional structures that directly or indirectly result in the denial of the equal enjoyment by women of their civil, political, economic, social and cultural rights. The obligation to protect requires that States parties protect women from discrimination by private actors and take steps directly aimed at eliminating customary and all other practices that prejudice and perpetuate the notion of inferiority or superiority of either of the sexes, and of stereotyped roles for men and women. The obligation to fulfil requires that States parties take a wide variety of steps to ensure that women and men enjoy equal rights de jure and de facto, including, where appropriate, the adoption of temporary special measures in line with article 4, paragraph 1, of the Convention and general recommendation No. 25 on article 4, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women, on temporary special measures. This entails obligations of means or conduct and obligations of results. States parties should consider that they have to fulfil their legal obligations to all women through designing public policies, programmes and institutional frameworks that are aimed at fulfilling the specific needs of women leading to the full development of their potential on an equal basis with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-28-0010","docId":"cedaw-c-gc-28","idx":10,"n":10,"text":"States parties have an obligation not to cause discrimination against women through acts or omissions; they are further obliged to react actively against discrimination against women, regardless of whether such acts or omissions are perpetrated by the State or by private actors. Discrimination can occur through the failure of States to take necessary legislative measures to ensure the full realization of women’s rights, the failure to adopt national policies aimed at achieving equality between women and men and the failure to enforce relevant laws. Likewise, States parties have an international responsibility to create and continuously improve statistical databases and the analysis of all forms of discrimination against women in general and against women belonging to specific vulnerable groups in particular.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"]},{"id":"cedaw-c-gc-28-0011","docId":"cedaw-c-gc-28","idx":11,"n":11,"text":"The obligations of States parties do not cease in periods of armed conflict or in states of emergency resulting from political events or natural disasters. Such situations have a deep impact on and broad consequences for the equal enjoyment and exercise by women of their fundamental rights. States parties should adopt strategies and take measures addressed to the particular needs of women in times of armed conflict and states of emergency.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"]},{"id":"cedaw-c-gc-28-0012","docId":"cedaw-c-gc-28","idx":12,"n":12,"text":"Although subject to international law, States primarily exercise territorial jurisdiction. The obligations of States parties apply, however, without discrimination both to citizens and non-citizens, including refugees, asylum-seekers, migrant workers and stateless persons, within their territory or effective control, even if not situated within the territory. States parties are responsible for all their actions affecting human rights, regardless of whether the affected persons are in their territory.","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"]},{"id":"cedaw-c-gc-28-0013","docId":"cedaw-c-gc-28","idx":13,"n":13,"text":"Article 2 is not limited to the prohibition of discrimination against women caused directly or indirectly by States parties. Article 2 also imposes a due diligence obligation on States parties to prevent discrimination by private actors. In some cases, a private actor’s acts or omission of acts may be attributed to the State under international law. States parties are thus obliged to ensure that private actors do not engage in discrimination against women as defined in the Convention. The appropriate measures that States parties are obliged to take include the regulation of the activities of private actors with regard to education, employment and health policies and practices, working conditions and work standards, and other areas in which private actors provide services or facilities, such as banking and housing.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["II. Nature and scope of obligations of States parties"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0014","docId":"cedaw-c-gc-28","idx":14,"n":14,"text":"The introductory sentence of article 2 reads: “States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0015","docId":"cedaw-c-gc-28","idx":15,"n":15,"text":"The first obligation of States parties referred to in the chapeau of article 2 is the obligation to “condemn discrimination against women in all its forms”. States parties have an immediate and continuous obligation to condemn discrimination. They are obliged to proclaim to their population and the international community their total opposition to all forms of discrimination against women to all levels and branches of Government and their determination to bring about the elimination of discrimination against women. The term “discrimination in all its forms” clearly obligates the State party to be vigilant in condemning all forms of discrimination, including forms that are not explicitly mentioned in the Convention or that may be emerging.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0016","docId":"cedaw-c-gc-28","idx":16,"n":16,"text":"States parties are under an obligation to respect, protect and fulfil the right to non-discrimination of women and to ensure the development and advancement of women in order that they improve their position and implement their right of de jure and de facto or substantive equality with men. States parties shall ensure that there is neither direct nor indirect discrimination against women. Direct discrimination against women constitutes different treatment explicitly based on grounds of sex and gender differences. Indirect discrimination against women occurs when a law, policy, programme or practice appears to be neutral in so far as it relates to men and women, but has a discriminatory effect in practice on women because pre-existing inequalities are not addressed by the apparently neutral measure. Moreover, indirect discrimination can exacerbate existing inequalities owing to a failure to recognize structural and historical patterns of discrimination and unequal power relationships between women and men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0017","docId":"cedaw-c-gc-28","idx":17,"n":17,"text":"States parties also have an obligation to ensure that women are protected against discrimination committed by public authorities, the judiciary, organizations, enterprises or private individuals, in the public and private spheres. This protection shall be provided by competent tribunals and other public institutions and enforced by sanctions and remedies, where appropriate. States parties should ensure that all Government bodies and organs are fully aware of the principles of equality and non-discrimination on the basis of sex and gender and that adequate training and awareness-raising programmes are set up and carried out in this respect.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0018","docId":"cedaw-c-gc-28","idx":18,"n":18,"text":"Intersectionality is a basic concept for understanding the scope of the general obligations of States parties contained in article 2. The discrimination of women based on sex and gender is inextricably linked with other factors that affect women, such as race, ethnicity, religion or belief, health, status, age, class, caste and sexual orientation and gender identity. Discrimination on the basis of sex or gender may affect women belonging to such groups to a different degree or in different ways to men. States parties must legally recognize such intersecting forms of discrimination and their compounded negative impact on the women concerned and prohibit them. They also need to adopt and pursue policies and programmes designed to eliminate such occurrences, including, where appropriate, temporary special measures in accordance with article 4, paragraph 1, of the Convention and general recommendation No. 25.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-28-0019","docId":"cedaw-c-gc-28","idx":19,"n":19,"text":"Discrimination against women on the basis of sex and gender comprises, as stated in general recommendation No. 19 on violence against women, gender-based violence, namely, violence that is directed against a woman because she is a woman or violence that affects women disproportionately. It is a form of discrimination that seriously inhibits women’s ability to enjoy and exercise their human rights and fundamental freedoms on the basis of equality with men. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty, the violence that occurs within the family or domestic unit or within any other interpersonal relationship, or violence perpetrated or condoned by the State or its agents regardless of where it occurs. Gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence. States parties have a due diligence obligation to prevent, investigate, prosecute and punish such acts of gender-based violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0020","docId":"cedaw-c-gc-28","idx":20,"n":20,"text":"The obligation to fulfil encompasses the obligation of States parties to facilitate access to and provide for the full realization of women’s rights. The human rights of women shall be fulfilled by the promotion of de facto or substantive equality through all appropriate means, including through concrete and effective policies and programmes aimed at improving the position of women and achieving such equality, including where appropriate, through the adoption of temporary special measures in accordance with article 4, paragraph 1, and general recommendation No. 25.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-28-0021","docId":"cedaw-c-gc-28","idx":21,"n":21,"text":"States parties in particular are obliged to promote the equal rights of girls since girls are part of the larger community of women and are more vulnerable to discrimination in such areas as access to basic education, trafficking, maltreatment, exploitation and violence. All these situations of discrimination are aggravated when the victims are adolescents. Therefore, States shall pay attention to the specific needs of (adolescent) girls by providing education on sexual and reproductive health and carrying out programmes that are aimed at the prevention of HIV/AIDS, sexual exploitation and teenage pregnancy.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0022","docId":"cedaw-c-gc-28","idx":22,"n":22,"text":"Inherent to the principle of equality between men and women, or gender equality, is the concept that all human beings, regardless of sex, are free to develop their personal abilities, pursue their professional careers and make choices without the limitations set by stereotypes, rigid gender roles and prejudices. States parties are called upon to use exclusively the concepts of equality of women and men or gender equality and not to use the concept of gender equity in implementing their obligations under the Convention. The latter concept is used in some jurisdictions to refer to fair treatment of women and men, according to their respective needs. This may include equal treatment, or treatment that is different but considered equivalent in terms of rights, benefits, obligations and opportunities.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0023","docId":"cedaw-c-gc-28","idx":23,"n":23,"text":"States parties also agree to “pursue by all appropriate means” a policy of eliminating discrimination against women. This obligation to use means or a certain way of conduct gives a State party a great deal of flexibility for devising a policy that will be appropriate for its particular legal, political, economic, administrative and institutional framework and that can respond to the particular obstacles and resistance to the elimination of discrimination against women existing in that State party. Each State party must be able to justify the appropriateness of the particular means it has chosen and demonstrate whether it will achieve the intended effect and result. Ultimately, it is for the Committee to determine whether a State party has indeed adopted all necessary measures at the national level aimed at achieving the full realization of the rights recognized in the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0024","docId":"cedaw-c-gc-28","idx":24,"n":24,"text":"The main element of the introductory phrase of article 2 is the obligation of States parties to pursue a policy of eliminating discrimination against women. This requirement is an essential and critical component of a State party’s general legal obligation to implement the Convention. This means that the State party must immediately assess the de jure and de facto situation of women and take concrete steps to formulate and implement a policy that is targeted as clearly as possible towards the goal of fully eliminating all forms of discrimination against women and achieving women’s substantive equality with men. The emphasis is on movement forward: from the evaluation of the situation to the formulation and initial adoption of a comprehensive range of measures, to building on those measures continuously in the light of their effectiveness and new or emerging issues, in order to achieve the Convention’s goals. Such a policy must comprise constitutional and legislative guarantees, including an alignment with legal provisions at the domestic level and an amendment of conflicting legal provisions. It must also include other appropriate measures, such as comprehensive action plans and mechanisms for monitoring and implementing them, which provide a framework for the practical realization of the principle of formal and substantive equality of women and men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0025","docId":"cedaw-c-gc-28","idx":25,"n":25,"text":"The policy must be comprehensive in that it should apply to all fields of life, including those which are not explicitly mentioned in the text of the Convention. It must apply to both public and private economic spheres, as well as to the domestic sphere, and ensure that all branches of Government (executive, legislative and judicial branches) and all levels of Government assume their respective responsibilities for implementation. It should incorporate the entire range of measures that are appropriate and necessary in the particular circumstances of the State party.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0026","docId":"cedaw-c-gc-28","idx":26,"n":26,"text":"The policy must identify women within the jurisdiction of the State party (including non-citizen, migrant, refugee, asylum-seeking and stateless women) as the rights-bearers, with particular emphasis on the groups of women who are most marginalized and who may suffer from various forms of intersectional discrimination.","labels":["Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0027","docId":"cedaw-c-gc-28","idx":27,"n":27,"text":"The policy must ensure that women, as individuals and groups, have access to information about their rights under the Convention and are able to effectively promote and claim those rights. The State party should also ensure that women are able to participate actively in the development, implementation and monitoring of the policy. To this end, resources must be devoted to ensuring that human rights and women’s non-governmental organizations are well-informed, adequately consulted and generally able to play an active role in the initial and subsequent development of the policy.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0028","docId":"cedaw-c-gc-28","idx":28,"n":28,"text":"The policy must be action- and results-oriented in the sense that it should establish indicators, benchmarks and timelines, ensure adequate resourcing for all relevant actors and otherwise enable those actors to play their part in achieving the agreed benchmarks and goals. To this end, the policy must be linked to mainstream governmental budgetary processes in order to ensure that all aspects of the policy are adequately funded. It should provide for mechanisms that collect relevant sex-disaggregated data, enable effective monitoring, facilitate continuing evaluation and allow for the revision or supplementation of existing measures and the identification of any new measures that may be appropriate. Furthermore, the policy must ensure that there are strong and focused bodies (national women’s machinery) within the executive branch of the Government that will take initiatives, coordinate and oversee the preparation and implementation of legislation, policies and programmes necessary to fulfil the obligations of the State party under the Convention. These institutions should be empowered to provide advice and analysis directly to the highest levels of Government. The policy should also ensure that independent monitoring institutions, such as national human rights institutes or independent women’s commissions, are established or that existing national institutes receive a mandate to promote and protect the rights guaranteed under the Convention. The policy must engage the private sector, including business enterprises, the media, organizations, community groups and individuals, and enlist their involvement in adopting measures that will fulfil the goals of the Convention in the private economic sphere.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0029","docId":"cedaw-c-gc-28","idx":29,"n":29,"text":"The words “without delay” make it clear that the obligation of States parties to pursue their policy, by all appropriate means, is of an immediate nature. This language is unqualified, and does not allow for any delayed or purposely chosen incremental implementation of the obligations that States assume upon ratification of or accession to the Convention. It follows that a delay cannot be justified on any grounds, including political, social, cultural, religious, economic, resource or other considerations or constraints within the State. Where a State party is facing resource constraints or needs technical or other expertise to facilitate the implementation of its obligations under the Convention, it may be incumbent upon it to seek international cooperation in order to overcome these difficulties.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","A. Introductory sentence of article 2"]},{"id":"cedaw-c-gc-28-0030","docId":"cedaw-c-gc-28","idx":30,"n":30,"text":"Article 2 expresses the obligation of States parties to implement the Convention in a general way. Its substantive requirements provide the framework for the implementation of the specific obligations identified in article 2, subparagraphs (a)–(g), and all other substantive articles of the Convention.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0031","docId":"cedaw-c-gc-28","idx":31,"n":31,"text":"Subparagraphs (a), (f) and (g) establish the obligation of States parties to provide legal protection and to abolish or amend discriminatory laws and regulations as part of the policy of eliminating discrimination against women. States parties must ensure that, through constitutional amendments or by other appropriate legislative means, the principle of equality between women and men and of non-discrimination is enshrined in domestic law with an overriding and enforceable status. They must also enact legislation that prohibits discrimination in all fields of women’s lives under the Convention and throughout their lifespan. States parties have an obligation to take steps to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women. Certain groups of women, including women deprived of their liberty, refugees, asylum-seeking and migrant women, stateless women, lesbian women, disabled women, women victims of trafficking, widows and elderly women, are particularly vulnerable to discrimination through civil and penal laws, regulations and customary law and practices. By ratifying the Convention or acceding to it, States parties undertake to incorporate the Convention into their domestic legal systems or to give it otherwise appropriate legal effect within their domestic legal orders in order to secure the enforceability of its provisions at the national level. The question of direct applicability of the provisions of the Convention at the national level is a question of constitutional law and depends on the status of treaties within the domestic legal order. The Committee takes the view, however, that the rights to non-discrimination and equality in all fields of women’s lives throughout their lifespan, as enshrined in the Convention, may receive enhanced protection in those States where the Convention is automatically or through specific incorporation part of the domestic legal order. The Committee urges those States parties in which the Convention does not form part of the domestic legal order to consider incorporation of the Convention to render it part of domestic law, for example through a general law on equality, in order to facilitate the full realization of Convention rights as required by article 2.","labels":["Migrants","Women/girls","Persons with disabilities","LGBTI+","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0032","docId":"cedaw-c-gc-28","idx":32,"n":32,"text":"Subparagraph (b) contains the obligation of States parties to ensure that legislation prohibiting discrimination and promoting equality of women and men provides appropriate remedies for women who are subjected to discrimination contrary to the Convention. This obligation requires that States parties provide reparation to women whose rights under the Convention have been violated. Without reparation the obligation to provide an appropriate remedy is not discharged. Such remedies should include different forms of reparation, such as monetary compensation, restitution, rehabilitation and reinstatement; measures of satisfaction, such as public apologies, public memorials and guarantees of non-repetition; changes in relevant laws and practices; and bringing to justice the perpetrators of violations of human rights of women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"]},{"id":"cedaw-c-gc-28-0033","docId":"cedaw-c-gc-28","idx":33,"n":33,"text":"According to subparagraph (c), States parties must ensure that courts are bound to apply the principle of equality as embodied in the Convention and to interpret the law, to the maximum extent possible, in line with the obligations of States parties under the Convention. However, where it is not possible to do so, courts should draw any inconsistency between national law, including national religious and customary laws, and the State party’s obligations under the Convention to the attention of the appropriate authorities, since domestic laws may never be used as justification for failures by States parties to carry out their international obligations.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"]},{"id":"cedaw-c-gc-28-0034","docId":"cedaw-c-gc-28","idx":34,"n":34,"text":"States parties must ensure that women can invoke the principle of equality in support of complaints of acts of discrimination contrary to the Convention, committed by public officials or by private actors. States parties must further ensure that women have recourse to affordable, accessible and timely remedies, with legal aid and assistance as necessary, to be settled in a fair hearing by a competent and independent court or tribunal, where appropriate. Where discrimination against women also constitutes an abuse of other human rights, such as the right to life and physical integrity in, for example, cases of domestic and other forms of violence, States parties are obliged to initiate criminal proceedings, bring the perpetrator(s) to trial and impose appropriate penal sanctions. States parties should financially support independent associations and centres providing legal resources for women in their work to educate women about their rights to equality and assist them in pursuing remedies for discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"]},{"id":"cedaw-c-gc-28-0035","docId":"cedaw-c-gc-28","idx":35,"n":35,"text":"Subparagraph (d) establishes an obligation of States parties to abstain from engaging in any act or practice of direct or indirect discrimination against women. States parties must ensure that State institutions, agents, laws and policies do not directly or explicitly discriminate against women. They must also ensure that any laws, policies or actions that have the effect or result of generating discrimination are abolished.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"]},{"id":"cedaw-c-gc-28-0036","docId":"cedaw-c-gc-28","idx":36,"n":36,"text":"Subparagraph (e) establishes an obligation of States parties to eliminate discrimination by any public or private actor. The types of measures that might be considered appropriate in this respect are not limited to constitutional or legislative measures. States parties should also adopt measures that ensure the practical realization of the elimination of discrimination against women and women’s equality with men. This includes measures that: ensure that women are able to make complaints about violations of their rights under the Convention and have access to effective remedies; enable women to be actively involved in the formulation and implementation of measures; ensure Government accountability domestically; promote education and support for the goals of the Convention throughout the education system and in the community; encourage the work of human rights and women’s non-governmental organizations; establish the necessary national human rights institutions or other machineries; and provide adequate administrative and financial support to ensure that the measures adopted make a real difference in women’s lives in practice. The obligations incumbent upon States parties that require them to establish legal protection of the rights of women on an equal basis with men, ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination and take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise also extend to acts of national corporations operating extraterritorially.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["III. General obligations contained in article 2","B. Subparagraphs (a)–(g)"]},{"id":"cedaw-c-gc-28-0037","docId":"cedaw-c-gc-28","idx":37,"n":37,"text":"In order to satisfy the requirement of “appropriateness”, the means adopted by States parties must address all aspects of their general obligations under the Convention to respect, protect, promote and fulfil women’s right to non-discrimination and to the enjoyment of equality with men. Thus the terms “appropriate means” and “appropriate measures” used in article 2 and other articles of the Convention comprise measures ensuring that a State party:\n(a) Abstains from performing, sponsoring or condoning any practice, policy or measure that violates the Convention (respect);\n(b) Takes steps to prevent, prohibit and punish violations of the Convention by third parties, including in the home and in the community, and to provide reparation to the victims of such violations (protect);\n(c) Fosters wide knowledge about and support for its obligations under the Convention (promote);\n(d) Adopts temporary special measures that achieve sex non-discrimination and gender equality in practice (fulfil).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","A. Implementation"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0038","docId":"cedaw-c-gc-28","idx":38,"n":38,"text":"States parties should also adopt other appropriate measures of implementation such as:\n(a) Promoting equality of women through the formulation and implementation of national plans of action and other relevant policies and programmes in line with the Beijing Declaration and Platform for Action, and allocating adequate human and financial resources;\n(b) Establishing codes of conduct for public officials to ensure respect for the principles of equality and non-discrimination;\n(c) Ensuring that reports of court decisions applying the provisions of the Convention on the equality and non-discrimination principles are widely distributed;\n(d) Undertaking specific education and training programmes about the principles and provisions of the Convention directed to all Government agencies, public officials and, in particular, the legal profession and the judiciary;\n(e) Enlisting all media in public education programmes about the equality of women and men, and ensuring in particular that women are aware of their right to equality without discrimination, of the measures taken by the State party to implement the Convention, and of the concluding observations by the Committee on the reports of the State party;\n(f) Developing and establishing valid indicators of the status of and progress in the realization of human rights of women, and establishing and maintaining databases disaggregated by sex and related to the specific provisions of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","A. Implementation"]},{"id":"cedaw-c-gc-28-0039","docId":"cedaw-c-gc-28","idx":39,"n":39,"text":"The accountability of the States parties to implement their obligations under article 2 is engaged through the acts or omissions of acts of all branches of Government. The decentralization of power, through devolution and delegation of Government powers in both unitary and federal States, does not in any way negate or reduce the direct responsibility of the State party’s national or federal Government to fulfil its obligations to all women within its jurisdiction. In all circumstances, the State party that ratified or acceded to the Convention remains responsible for ensuring full implementation throughout the territories under its jurisdiction. In any process of devolution, States parties have to make sure that the devolved authorities have the necessary financial, human and other resources to effectively and fully implement the obligations of the State party under the Convention. The Governments of States parties must retain powers to require such full compliance with the Convention and must establish permanent coordination and monitoring mechanisms to ensure that the Convention is respected and applied to all women within their jurisdiction without discrimination. Furthermore, there must be safeguards to ensure that decentralization or devolution does not lead to discrimination with regard to the enjoyment of rights by women in different regions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","B. Accountability"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0040","docId":"cedaw-c-gc-28","idx":40,"n":40,"text":"Effective implementation of the Convention requires that a State party be accountable to its citizens and other members of its community at both the national and international levels. In order for this accountability function to work effectively, appropriate mechanisms and institutions must be put in place.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","B. Accountability"]},{"id":"cedaw-c-gc-28-0041","docId":"cedaw-c-gc-28","idx":41,"n":41,"text":"The Committee considers article 2 to be the very essence of the obligations of States parties under the Convention. The Committee therefore considers reservations to article 2 or to subparagraphs of article 2 to be, in principle, incompatible with the object and purpose of the Convention and thus impermissible under article 28, paragraph 2. States parties that have entered reservations to article 2 or to subparagraphs of article 2 should explain the practical effect of those reservations on the implementation of the Convention and should indicate the steps taken to keep the reservations under review, with the goal of withdrawing them as soon as possible.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","C. Reservations"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"28","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-28-0042","docId":"cedaw-c-gc-28","idx":42,"n":42,"text":"The fact that a State party has entered a reservation to article 2 or to subparagraphs of article 2 does not remove the need for that State party to comply with its other obligations under international law, including its obligations under other human rights treaties that the State party has ratified or to which it has acceded and under customary international human rights law relating to the elimination of discrimination against women. Where there is a discrepancy between reservations to provisions of the Convention and similar obligations under other international human rights treaties ratified by a State party or to which it has acceded, it should review its reservations to the Convention with a view to withdrawing them.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2010,"section":["IV. Recommendations to States parties","C. Reservations"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-29-0001","docId":"cedaw-c-gc-29","idx":1,"n":1,"text":"1. As stated in the Universal Declaration of Human Rights, the family is the basic unit of society.[[fn:1]] It is a social and legal construct and, in various countries, a religious construct. It also is an economic construct. Family market research has established that family structures, gendered labour division within the family and family laws affect women’s economic well-being no less than labour market structures and labour laws. Indeed, women often do not equally enjoy their family’s economic wealth and gains, they usually bear the greater cost of the breakdown of the family than men and may be left destitute upon widowhood, especially if they have children and particularly where the State provides little or no economic safety net.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"footnotes":[{"n":1,"text":"Resolution 217 A (III), article 16 (3)."}],"section":["I. Background"]},{"id":"cedaw-c-gc-29-0002","docId":"cedaw-c-gc-29","idx":2,"n":2,"text":"2. Inequality in the family underlies all other aspects of discrimination against women and is often justified in the name of ideology, tradition and culture. An examination of the reports of States parties reveals that in many States, the rights and responsibilities of married partners are governed by the principles of civil or common law, religious or customary laws and practices, or some combination of such laws and practices that discriminate against women and do not comply with the principles set out in the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Background"]},{"id":"cedaw-c-gc-29-0003","docId":"cedaw-c-gc-29","idx":3,"n":3,"text":"3. Many of the States parties that maintain such legal arrangements have entered reservations to all or parts of articles 2 and 16. The Committee on the Elimination of Discrimination against Women has repeatedly noted with concern the extent of these reservations, which it considers invalid because they are incompatible with the object and purpose of the Convention. It has consistently called upon these States parties to withdraw their reservations and ensure that their legal systems, whether civil, religious, customary, or ethnic or some combination thereof, conform to the Convention in general and to article 16 in particular.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Background"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-29-0004","docId":"cedaw-c-gc-29","idx":4,"n":4,"text":"4. The economic consequences for women of marriage, divorce, separation and death have been of growing concern to the Committee. Research conducted in some countries has found that while men usually experience smaller, if not minimal, income losses after divorce and/or separation, many women experience a substantial decline in household income and increased dependence on social welfare, where it is available. Throughout the world, female-headed households are the most likely to be poor. Their status is inevitably affected by global developments such as the market economy and its crises; women’s increasing entry into the paid workforce and their concentration in low-paying jobs; persistent income inequality within and between States; growth in divorce rates and in de facto unions; the reform of social security systems or the launching of new ones; and, above all, the persistence of women’s poverty. Despite women’s contributions to the economic well-being of the family, their economic inferiority permeates all stages of family relationships, often owing to their responsibility for dependants.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Background"]},{"id":"cedaw-c-gc-29-0005","docId":"cedaw-c-gc-29","idx":5,"n":5,"text":"5. Regardless of the vast range of economic arrangements within the family, women in both developing and developed countries generally share the experience of being worse off economically than men in family relationships and following the dissolution of those relationships. Social security systems, nominally designed to improve economic status, may also discriminate against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Background"]},{"id":"cedaw-c-gc-29-0006","docId":"cedaw-c-gc-29","idx":6,"n":6,"text":"6. Article 16 of the Convention provides for the elimination of discrimination against women at the inception of marriage, during marriage and at its dissolution by divorce or death. In 1994, the Committee adopted general recommendation No. 21, which elaborated upon many aspects of article 16 as well as its relationship to articles 9 and 15. General recommendation No. 21 notes that article 16 (1) (h) specifically refers to the economic dimensions of marriage and its dissolution. The present general recommendation builds upon the principles articulated in general recommendation No. 21, other relevant general recommendations, such as general recommendation No. 27, and the Committee’s jurisprudence. It invokes the definition of discrimination contained in article 1 of the Convention and calls upon States parties to take legal and policy measures as required under article 2 of the Convention and general recommendation No. 28. It also integrates the social and legal developments that have taken place since the adoption of general recommendation No. 21, such as the adoption by some State parties of laws on registered partnerships and/or de facto unions, as well as the increase in the number of couples living in such relationships.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Purpose and scope of the general recommendation"],"citedArticles":[{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-29-0007","docId":"cedaw-c-gc-29","idx":7,"n":7,"text":"7. The entitlement of women to equality within the family is universally acknowledged, as evidenced by the related general comments of other human rights treaty bodies: Human Rights Committee general comment No. 28, on equality of rights between men and women (in particular paras. 23-27), and general comment No. 19, on protection of the family, the right to marriage and equality of the spouses; and Committee on Economic, Social and Cultural Rights general comment No. 16, on the equal right of men and women to the enjoyment of all economic, social and cultural rights (in particular para. 27), and general comment No. 20, on non-discrimination in economic, social and cultural rights. Important global political documents such as the Beijing Platform for Action[[fn:2]] and the Millennium Development Goals also refer to equality in the family as a fundamental principle.[[fn:3]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"footnotes":[{"n":2,"text":"Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex II, para. 61."},{"n":3,"text":"See resolution 55/2; see also the Millennium Project, Goal 3, available from http://www.unmillenniumproject. org/goals/index.htm."}],"section":["II. Purpose and scope of the general recommendation"]},{"id":"cedaw-c-gc-29-0008","docId":"cedaw-c-gc-29","idx":8,"n":8,"text":"8. The Committee has consistently concluded that the elimination of discrimination against women requires States parties to provide for substantive as well as formal equality. Formal equality may be achieved by adopting gender-neutral laws and policies, which on their face treat women and men equally. Substantive equality can be achieved only when the States parties examine the application and effects of laws and policies and ensure that they provide for equality in fact, accounting for women’s disadvantage or exclusion. In respect of the economic dimensions of family relations, a substantive equality approach must address matters such as discrimination in education and employment, the compatibility of work requirements and family needs, and the impact of gender stereotypes and gender roles on women’s economic capacity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Purpose and scope of the general recommendation"]},{"id":"cedaw-c-gc-29-0009","docId":"cedaw-c-gc-29","idx":9,"n":9,"text":"9. The present general recommendation will serve as a guide for States parties in achieving a de jure and de facto egalitarian regime under which the economic benefits and costs of family relations and the economic consequences of their dissolution are borne equally by men and women. It will establish the norm for evaluating implementation by States parties of the Convention with respect to economic equality in the family.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Purpose and scope of the general recommendation"]},{"id":"cedaw-c-gc-29-0010","docId":"cedaw-c-gc-29","idx":10,"n":10,"text":"10. The constitutions or legal frameworks of a number of States parties still provide that personal status laws (relating to marriage, divorce, distribution of marital property, inheritance, guardianship, adoption and other such matters) are exempt from constitutional provisions prohibiting discrimination or reserve matters of personal status to the ethnic and religious communities within the State party to determine. In such cases, constitutional equal protection provisions and anti-discrimination provisions do not protect women from the discriminatory effects of marriage under customary practices and religious laws. Some States parties have adopted constitutions that include equal protection and nondiscrimination provisions but have not revised or adopted legislation to eliminate the discriminatory aspects of their family law regimes, whether they are regulated by civil code, religious law, ethnic custom or any combination of laws and practices. All these constitutional and legal frameworks are discriminatory, in violation of article 2 in conjunction with articles 5, 15 and 16 of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-29-0011","docId":"cedaw-c-gc-29","idx":11,"n":11,"text":"11. States parties should guarantee equality between women and men in their constitutions and should eliminate any constitutional exemptions that would serve to protect or preserve discriminatory laws and practices with regard to family relations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework"]},{"id":"cedaw-c-gc-29-0012","docId":"cedaw-c-gc-29","idx":12,"n":12,"text":"12. Some States parties have multiple legal systems in which different personal status laws apply to individuals on the basis of identity factors such as ethnicity or religion. Some, but not all, of these States parties also have a civil legal code that may apply in prescribed circumstances or by choice of the parties. In some States, however, individuals may have no choice as to the application of identity-based personal status laws.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework","Multiple family law systems"]},{"id":"cedaw-c-gc-29-0013","docId":"cedaw-c-gc-29","idx":13,"n":13,"text":"13. The extent to which individuals are free to choose their religious or customary adherence and practice varies, as does their freedom to challenge the discrimination against women enshrined in the laws and customs of their State or community.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework","Multiple family law systems"]},{"id":"cedaw-c-gc-29-0014","docId":"cedaw-c-gc-29","idx":14,"n":14,"text":"14. The Committee has consistently expressed concern that identity-based personal status laws and customs perpetuate discrimination against women and that the preservation of multiple legal systems is in itself discriminatory against women. The lack of individual choice relating to the application or observance of particular laws and customs exacerbates this discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework","Multiple family law systems"]},{"id":"cedaw-c-gc-29-0015","docId":"cedaw-c-gc-29","idx":15,"n":15,"text":"15. States parties should adopt written family codes or personal status laws that provide for equality between spouses or partners irrespective of their religious or ethnic identity or community, in accordance with the Convention and the Committee’s general recommendations. In the absence of a unified family law, the system of personal status laws should provide for individual choice as to the application of religious law, ethnic custom or civil law at any stage of the relationship. Personal laws should embody the fundamental principle of equality between women and men and should be fully harmonized with the provisions of the Convention so as to eliminate all discrimination against women in all matters relating to marriage and family relations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Constitutional and legal framework","Multiple family law systems"]},{"id":"cedaw-c-gc-29-0016","docId":"cedaw-c-gc-29","idx":16,"n":16,"text":"16. In general recommendation No. 21, paragraph 13, the Committee acknowledges that families take many forms and underscores the obligation of equality within the family under all systems, “both at law and in private”.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0017","docId":"cedaw-c-gc-29","idx":17,"n":17,"text":"17. Statements by other entities in the United Nations system confirm the understanding that “the concept of ‘family’ must be understood in a wide sense”.[[fn:4]] The Human Rights Committee, in para. 27 of its general comment No. 28, acknowledges the “various forms of family”. In his report on observance of the International Year of the Family, the Secretary-General confirms that “families assume diverse forms and functions among and within countries”.[[fn:5]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"footnotes":[{"n":4,"text":"See general comment No. 4 of the Committee on Economic, Social and Cultural Rights, on the right to adequate housing (article 11 (1) of the International Covenant on Economic, Social and Cultural Rights), para. 6."},{"n":5,"text":"A/50/370, para 14."}],"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0018","docId":"cedaw-c-gc-29","idx":18,"n":18,"text":"18. States parties are obligated to address the sex- and gender-based discriminatory aspects of all the various forms of family and family relationships. In respect of discrimination against women, they must address patriarchal traditions and attitudes and open family law and policy with the same scrutiny that is given to the “public” aspects of individual and community life.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0019","docId":"cedaw-c-gc-29","idx":19,"n":19,"text":"19. Marriages may be formed through a variety of customs, ceremonies and rituals that may be sanctioned by the State. Civil marriage is sanctioned solely by the State and is registered. Religious marriage is solemnized through the performance of ritual(s) prescribed by religious law. Customary marriage is undertaken by the performance of ritual(s) prescribed by the customs of the parties’ community.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0020","docId":"cedaw-c-gc-29","idx":20,"n":20,"text":"20. Some States parties do not require registration of religious and customary marriages in order for them to be valid. Unregistered marriages may be substantiated by production of a marriage contract, witness accounts of the rituals or other means, as appropriate in the circumstances.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0021","docId":"cedaw-c-gc-29","idx":21,"n":21,"text":"21. Some States parties that recognize polygamous marriages, under either religious or customary law, also provide for civil marriage, monogamous by definition. Where civil marriage is not provided for, women in communities that practice polygamy may have no choice but to enter into a marriage that is at least potentially, if not already, polygamous, regardless of their wishes. The Committee concluded in general recommendation No. 21 that polygamy is contrary to the Convention and must be “discouraged and prohibited”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0022","docId":"cedaw-c-gc-29","idx":22,"n":22,"text":"22. In some States parties, the law also provides for registered partnerships and establishes rights and responsibilities between the parties. States may extend social and tax benefits to registered partnerships to varying degrees.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0023","docId":"cedaw-c-gc-29","idx":23,"n":23,"text":"23. De facto unions are not registered and often do not give rise to any rights. Some States, however, recognize de facto unions and establish equal rights and responsibilities for them that can vary in scope and depth.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0024","docId":"cedaw-c-gc-29","idx":24,"n":24,"text":"24. Certain forms of relationships (namely, same-sex relationships) are not legally, socially or culturally accepted in a considerable number of States parties. However, where they are recognized, whether as a de facto union, registered partnership or marriage, the State party should ensure protection of the economic rights of the women in those relationships.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family"]},{"id":"cedaw-c-gc-29-0025","docId":"cedaw-c-gc-29","idx":25,"n":25,"text":"25. Registration of marriage protects the rights of spouses with regard to property issues upon dissolution of the marriage by death or divorce. The Convention obligates States parties to establish and fully implement a system of marriage registration. However, many States parties lack either a legal requirement of marriage registration or implementation of existing registration requirements, and in such instances individuals should not be penalized for failure to register, including where lack of education and infrastructure makes registration difficult.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","Customary/religious unregistered marriages"]},{"id":"cedaw-c-gc-29-0026","docId":"cedaw-c-gc-29","idx":26,"n":26,"text":"26. States parties should establish a legal requirement of marriage registration and conduct effective awareness-raising activities to that effect. They must provide for implementation through education about the requirements and provide infrastructure to make registration accessible to all persons within their jurisdiction. States parties should provide for establishing proof of marriage by means other than registration where circumstances warrant. The State must protect the rights of women in such marriages, regardless of their registration status.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","Customary/religious unregistered marriages"]},{"id":"cedaw-c-gc-29-0027","docId":"cedaw-c-gc-29","idx":27,"n":27,"text":"27. The Committee reaffirms paragraph 14 of its general recommendation No. 21, which states that “polygamous marriage contravenes a woman’s right to equality with men, and can have such serious emotional and financial consequences for her and her dependants that such marriages ought to be discouraged and prohibited”. Since the adoption of this general recommendation, the Committee has consistently noted with concern the persistence of polygamous marriages in many States parties. In its concluding observations, the Committee has pointed to the grave ramifications of polygamy for the human rights and economic well-being of women and their children, and has consistently called for its abolition.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","Polygamous marriages"]},{"id":"cedaw-c-gc-29-0028","docId":"cedaw-c-gc-29","idx":28,"n":28,"text":"28. States parties should take all legislative and policy measures needed to abolish polygamous marriages. Nevertheless, as stated by the Committee in its general recommendation No. 27, “polygamy is still practised in many States Parties, and many women are in polygamous unions”. Accordingly, with regard to women in existing polygamous marriages, States parties should take the necessary measures to ensure the protection of the economic rights of women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","Polygamous marriages"]},{"id":"cedaw-c-gc-29-0029","docId":"cedaw-c-gc-29","idx":29,"n":29,"text":"29. States parties that provide for registered partnerships must ensure equal rights, responsibilities and treatment between the partners in economic matters addressed by the legislation on those partnerships. The recommendations contained below apply mutatis mutandis in States parties that recognize registered partnerships in their legal order.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","Registered partnerships"]},{"id":"cedaw-c-gc-29-0030","docId":"cedaw-c-gc-29","idx":30,"n":30,"text":"30. Women enter de facto unions for a variety of reasons. Some States provide a legal framework for recognizing de facto unions at some point, such as upon the death of a partner or the dissolution of the relationship. Where such legal frameworks do not exist, women may be exposed to economic risks when a cohabiting relationship ends, including when they have contributed to maintaining a household and to building other assets.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","De facto unions"]},{"id":"cedaw-c-gc-29-0031","docId":"cedaw-c-gc-29","idx":31,"n":31,"text":"31. The Committee determined in its general recommendation No. 21 that the elimination of discrimination against women in de facto unions is included in State party obligations under article 16 (1). In States parties where such unions exist, and with regard to relationships in which neither partner is married to another person or is in a registered partnership with another person, the Committee recommends that the State party consider the situation of women in these unions, and of the children resulting from them, and take the necessary measures to ensure the protection of their economic rights. In countries where de facto unions are recognized by law, the recommendations contained below apply mutatis mutandis.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Various forms of family","De facto unions"],"citedArticles":[{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-29-0032","docId":"cedaw-c-gc-29","idx":32,"n":32,"text":"32. States parties should provide to individuals entering into marriage information on the economic consequences of the marital relationship and of its potential dissolution by divorce or death. Where the States parties provide for registered partnerships, the same information should be provided to them.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Economic aspects of family formation"]},{"id":"cedaw-c-gc-29-0033","docId":"cedaw-c-gc-29","idx":33,"n":33,"text":"33. In general recommendation No. 21, paragraph 16, the Committee notes that some State parties “allow marriage to be arranged for payment or preferment”, which is a violation of a woman’s right to freely choose her spouse. “Payment or preferment” refers to transactions in which cash, goods or livestock are given to the bride or her family by the groom or his family, or when a similar payment is made by the bride or her family to the groom or his family. This practice should not be in any way required in order for a marriage to be valid, and such agreements should not be recognized by the State party as enforceable.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Economic aspects of family formation","Payment or preferment as a requirement of marriage"]},{"id":"cedaw-c-gc-29-0034","docId":"cedaw-c-gc-29","idx":34,"n":34,"text":"34. In some systems, marriages or other recognized forms of union may be undertaken only by written contract. Some systems allow the option of contractual agreements concerning property to be undertaken prior to or during the marriage. States must ascertain that women are not left with less protection than they would have under the standard or default marriage provisions, owing to grave inequality in bargaining power.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Economic aspects of family formation","Contracts: prenuptial and postnuptial agreements"]},{"id":"cedaw-c-gc-29-0035","docId":"cedaw-c-gc-29","idx":35,"n":35,"text":"35. When States parties provide for the possibility of making private contractual arrangements with respect to the distribution of marital and other property following the dissolution of marriage, they should take measures to guarantee non-discrimination, respect public order, prevent the abuse of unequal bargaining power and protect each spouse from abuse of power in making such contracts. These protective measures may include requiring that such agreements be written or subject to other formal requirements and providing for retroactive invalidation or for financial or other remedies if the contract is found to be abusive.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Economic aspects of family formation","Contracts: prenuptial and postnuptial agreements"]},{"id":"cedaw-c-gc-29-0036","docId":"cedaw-c-gc-29","idx":36,"n":36,"text":"36. A number of States parties retain discriminatory systems of property management during the marriage. Some retain laws stating that the man is the head of the household, thus giving him the role of sole economic agent as well.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VI. Economic aspects during the relationship"]},{"id":"cedaw-c-gc-29-0037","docId":"cedaw-c-gc-29","idx":37,"n":37,"text":"37. Where a community property regime is the norm, nominally providing that half of the marital property is theirs, women still may not have the right to manage the property. In many legal systems, women may retain the right to manage property that they own individually and may accumulate and manage additional separate property during the marriage. However, property accumulated by virtue of women’s economic activity may be considered as belonging to the marital household, and women may not have a recognized right to manage it. This may be the case even with regard to women’s own wages.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VI. Economic aspects during the relationship"]},{"id":"cedaw-c-gc-29-0038","docId":"cedaw-c-gc-29","idx":38,"n":38,"text":"38. States parties should provide for equal access by both spouses to the marital property and equal legal capacity to manage it. They should ensure that the right of women to own, acquire, manage, administer and enjoy separate or non-marital property is equal to that of men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VI. Economic aspects during the relationship"]},{"id":"cedaw-c-gc-29-0039","docId":"cedaw-c-gc-29","idx":39,"n":39,"text":"39. Some legal systems make a direct link between grounds for divorce and the financial consequences of divorce. Fault-based divorce regimes may condition financial rights on the lack of fault. They may be abused by husbands to eliminate any financial obligation towards their wives. In many legal systems, no financial support is awarded to wives against whom a fault-based divorce has been pronounced. Fault-based divorce regimes may include different standards of fault for wives and husbands, such as requiring proof of greater infidelity by a husband than by a wife as a basis for divorce. Fault-based economic frameworks frequently work to the detriment of the wife, who is usually the financially dependent spouse.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Grounds for divorce and financial consequences"]},{"id":"cedaw-c-gc-29-0040","docId":"cedaw-c-gc-29","idx":40,"n":40,"text":"States parties should: Revise provisions linking grounds for divorce and financial consequences in order to eliminate opportunities for husbands to abuse these provisions and thereby to avoid any financial obligations towards their wives. Revise provisions relating to fault-based divorce in order to provide compensation for the contributions made by the wife to the family’s economic well-being during the marriage. Eliminate differences in the standards of fault for wives and for husbands, such as requiring proof of greater infidelity by a husband than by a wife as a basis for divorce.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Grounds for divorce and financial consequences"]},{"id":"cedaw-c-gc-29-0041","docId":"cedaw-c-gc-29","idx":41,"n":41,"text":"41. Some legal regimes require the wife or her family to return to the husband or his family any economic benefits in the form of payment or preferment, or other such payments that were an element of marriage formation, and do not impose equal economic requirements on a divorcing husband. States parties should eliminate any procedural requirement for payments to obtain a divorce that does not apply equally to husbands and wives.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Grounds for divorce and financial consequences"]},{"id":"cedaw-c-gc-29-0042","docId":"cedaw-c-gc-29","idx":42,"n":42,"text":"42. States parties should provide for separating the principles and procedure dissolving the marriage relationship from those relating to the economic aspects of the dissolution. Free legal aid should be provided to women who do not have the means to pay for court costs and attorney fees, so as to ensure that no woman is forced to forgo her economic rights to obtain a divorce.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Grounds for divorce and financial consequences"]},{"id":"cedaw-c-gc-29-0043","docId":"cedaw-c-gc-29","idx":43,"n":43,"text":"43. Most laws, customs and practices relating to the financial consequences of marriage dissolution can be broadly classified into two categories: distribution of property and maintenance after divorce or separation. Property distribution and post-dissolution maintenance regimes often favour husbands regardless of whether laws appear neutral, owing to gendered assumptions relating to the classification of marital property subject to division, insufficient recognition of non-financial contributions, women’s lack of legal capacity to manage property and gendered family roles. In addition, laws, customs and practices relating to the post-dissolution use of the family home and chattels clearly have an impact on women’s postdissolution economic status.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0044","docId":"cedaw-c-gc-29","idx":44,"n":44,"text":"44. Women may be barred from claiming property rights for lack of recognized capacity to own or manage property, or the property regime may not recognize property accumulated during the marriage as subject to division between the parties. Interrupted education and employment histories and childcare responsibilities frequently prevent women from establishing a path to paid employment (opportunity cost) sufficient to support their post-dissolution family. These social and economic factors also prevent women living under a regime of separate property from increasing their individual property during marriage.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0045","docId":"cedaw-c-gc-29","idx":45,"n":45,"text":"45. The guiding principle should be that the economic advantages and disadvantages related to the relationship and its dissolution should be borne equally by both parties. The division of roles and functions during the spouses’ life together should not result in detrimental economic consequences for either party.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0046","docId":"cedaw-c-gc-29","idx":46,"n":46,"text":"46. States parties are obligated to provide, upon divorce and/or separation, for equality between the parties in the division of all property accumulated during the marriage. States parties should recognize the value of indirect, including nonfinancial, contributions with regard to the acquisition of property acquired during the marriage.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0047","docId":"cedaw-c-gc-29","idx":47,"n":47,"text":"47. States parties should provide for equal formal and de facto legal capacity to own and manage property. To achieve both formal and substantive equality with respect to property rights upon the dissolution of marriage, States parties are strongly encouraged to provide for:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0048","docId":"cedaw-c-gc-29","idx":48,"n":48,"text":"48. States parties should undertake research and policy studies on women’s economic status within the family and upon the dissolution of family relationships and publish the results in accessible forms.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Dissolution of marriage by separation and divorce"]},{"id":"cedaw-c-gc-29-0049","docId":"cedaw-c-gc-29","idx":49,"n":49,"text":"49. Many States parties, by law or custom, deny widows equality with widowers in respect of inheritance, leaving them vulnerable economically upon the death of a spouse. Some legal systems formally provide widows with other means of economic security, such as through support payments from male relatives or from the estate of the deceased. However, in practice, these obligations may not be enforced.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Property rights after death"]},{"id":"cedaw-c-gc-29-0050","docId":"cedaw-c-gc-29","idx":50,"n":50,"text":"50. Under customary forms of landholding, which may limit individual purchase or transfer and may only be subject to right of use, upon the death of the husband, the wife or wives may be told to leave the land or may be required to marry a brother of the deceased in order to remain on the land. The existence of offspring, or lack of offspring, may be a major factor in such marriage requirements. In some States parties, widows are subject to “property dispossession” or “property grabbing”, in which relatives of a deceased husband, claiming customary rights, dispossess the widow and her children from property accumulated during the marriage, including property that is not held according to custom. They remove the widow from the family home and claim all the chattels, then ignore their concomitant customary responsibility to support the widow and children. In some States parties, widows are marginalized or banished to a different community.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Property rights after death"]},{"id":"cedaw-c-gc-29-0051","docId":"cedaw-c-gc-29","idx":51,"n":51,"text":"51. Survivorship rights to social security payments (pensions and disability payments) and in contributory pension systems play a large role in States parties in which couples pay significant sums into those systems during the relationship. States parties are obligated to provide for equality between men and women in terms of spousal and survivorship benefits from social security and pension systems.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Property rights after death"]},{"id":"cedaw-c-gc-29-0052","docId":"cedaw-c-gc-29","idx":52,"n":52,"text":"52. The laws or practices of some States parties restrict the use of a will to override discriminatory laws and customs and increase women’s share of inheritance. States parties are obligated to adopt laws relating to the making of wills that provide equal rights to women and men as testators, heirs and beneficiaries.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Property rights after death"]},{"id":"cedaw-c-gc-29-0053","docId":"cedaw-c-gc-29","idx":53,"n":53,"text":"53. States parties are obligated to adopt laws of intestate succession that comply with the principles of the Convention. Such laws should ensure:","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["VII. Economic and financial consequences upon dissolution of relationships","Property rights after death"]},{"id":"cedaw-c-gc-29-0054","docId":"cedaw-c-gc-29","idx":54,"n":54,"text":"54. In its 1998 statement on reservations to the Convention,[[fn:6]] the Committee expressed concern about the number and the nature of reservations. In paragraph 6, it specifically noted that:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"footnotes":[{"n":6,"text":"A/53/38/Rev.1, part two."}],"section":["VIII. Reservations"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-29-0055","docId":"cedaw-c-gc-29","idx":55,"n":55,"text":"55. With respect to reservations relating to religious laws and practices, the Committee recognizes that since 1998 a number of States parties have modified their laws to provide for equality in at least some aspects of family relations. It continues to recommend that States parties take “into consideration the experiences of countries with similar religious backgrounds and legal systems that have successfully accommodated domestic legislation to commitments emanating from international legally binding instruments, with a view to” withdrawing reservations.[[fn:7]]","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"footnotes":[{"n":7,"text":"CEDAW/C/ARE/CO/1 (2010), on concluding observations, United Arab Emirates, para. 46."}],"section":["VIII. Reservations"]},{"id":"cedaw-c-gc-30-0001","docId":"cedaw-c-gc-30","idx":1,"n":1,"text":"The Committee on the Elimination of Discrimination against Women decided at its forty-seventh session, in 2010, pursuant to article 21 of the Convention on the Elimination of All Forms of Discrimination against Women, to adopt a general recommendation on women in conflict prevention, conflict and post-conflict situations. The primary aim and purpose of the general recommendation is to provide authoritative guidance to States parties on legislative, policy and other appropriate measures to ensure full compliance with their obligations under the Convention to protect, respect and fulfil women’s human rights. It also builds upon principles articulated in previously adopted general recommendations.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"21","source":"regex"}]},{"id":"cedaw-c-gc-30-0002","docId":"cedaw-c-gc-30","idx":2,"n":2,"text":"Protecting women’s human rights at all times, advancing substantive gender equality before, during and after conflict and ensuring that women’s diverse experiences are fully integrated into all peacebuilding, peacemaking and reconstruction processes are important objectives of the Convention. The Committee reiterates that States parties’ obligations continue to apply during conflict or states of emergency without discrimination between citizens and non-citizens within their territory or effective control, even if not situated within the territory of the State party. The Committee has repeatedly expressed concern about the gendered impacts of conflict and women’s exclusion from conflict prevention efforts, post-conflict transition and reconstruction processes and the fact that reports of States parties do not provide sufficient information on the application of the Convention in such situations.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Introduction"]},{"id":"cedaw-c-gc-30-0003","docId":"cedaw-c-gc-30","idx":3,"n":3,"text":"The general recommendation specifically guides States parties on the implementation of their obligation of due diligence in respect of acts of private individuals or entities that impair the rights enshrined in the Convention, and makes suggestions as to how non-State actors can address women’s rights in conflict-affected areas.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["I. Introduction"]},{"id":"cedaw-c-gc-30-0004","docId":"cedaw-c-gc-30","idx":4,"n":4,"text":"The general recommendation covers the application of the Convention to conflict prevention, international and non-international armed conflicts, situations of foreign occupation and other forms of occupation and the post-conflict phase. In addition, the recommendation covers other situations of concern, such as internal disturbances, protracted and low-intensity civil strife, political strife, ethnic and communal violence, states of emergency and suppression of mass uprisings, war against terrorism and organized crime, which may not necessarily be classified as armed conflict under international humanitarian law and which result in serious violations of women’s rights and are of particular concern to the Committee. For the purpose of the present general recommendation, the phases of conflict and post-conflict have at times been divided, given that they can encompass different challenges and opportunities with regard to addressing the human rights of women and girls. The Committee notes, however, that the transition from conflict to post-conflict is often not linear and can involve cessations of conflict and then slippages back into conflict, a cycle that can continue for long periods.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-30-0005","docId":"cedaw-c-gc-30","idx":5,"n":5,"text":"Such situations are closely linked to crises of internal displacement, statelessness and the struggle of refugee populations with repatriation processes. In that respect, the Committee reiterates its observation in general recommendation No. 28 that States parties continue to be responsible for all their actions affecting the human rights of citizens and non-citizens, internally displaced persons, refugees, asylum seekers and stateless persons, within their territory or effective control, even if not situated within their territory.","labels":["Refugees & asylum-seekers","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-30-0006","docId":"cedaw-c-gc-30","idx":6,"n":6,"text":"Women are not a homogenous group and their experiences of conflict and specific needs in post-conflict contexts are diverse. Women are not passive bystanders or only victims or targets. They have historically had and continue to have a role as combatants, as part of organized civil society, as human rights defenders, as members of resistance movements and as active agents in both formal and informal peacebuilding and recovery processes. States parties must address all aspects of their obligations under the Convention to eliminate discrimination against women.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-30-0007","docId":"cedaw-c-gc-30","idx":7,"n":7,"text":"Discrimination against women is also compounded by intersecting forms of discrimination, as noted in general recommendation No. 28. Given that the Convention reflects a life-cycle approach, States parties are also required to address the rights and distinct needs of conflict-affected girls that arise from gender-based discrimination.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-30-0008","docId":"cedaw-c-gc-30","idx":8,"n":8,"text":"The Committee reiterates general recommendation No. 28 to the effect that the obligations of States parties also apply extraterritorially to persons within their effective control, even if not situated within their territory, and that States parties are responsible for all their actions affecting human rights, regardless of whether the affected persons are in their territory.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","A. Territorial and extraterritorial application of the Convention"]},{"id":"cedaw-c-gc-30-0009","docId":"cedaw-c-gc-30","idx":9,"n":9,"text":"In conflict and post-conflict situations, States parties are bound to apply the Convention and other international human rights and humanitarian law when they exercise territorial or extraterritorial jurisdiction, whether individually, for example, in unilateral military action, or as members of international or intergovernmental organizations or coalitions, for example, as part of an international peacekeeping force. The Convention applies to a wide range of situations, including wherever a State exercises jurisdiction, such as occupation and other forms of administration of foreign territory, for example, United Nations administration of territory; to national contingents that form part of an international peacekeeping or peace-enforcement operation; to persons detained by agents of a State, such as the military or mercenaries, outside its territory; to lawful or unlawful military actions in another State; to bilateral or multilateral donor assistance for conflict prevention and humanitarian aid, mitigation or post-conflict reconstruction; in involvement as third parties in peace or negotiation processes; and in the formation of trade agreements with conflict-affected countries.","labels":["Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","A. Territorial and extraterritorial application of the Convention"]},{"id":"cedaw-c-gc-30-0010","docId":"cedaw-c-gc-30","idx":10,"n":10,"text":"The Convention also requires States parties to regulate the activities of domestic non-State actors within their effective control who operate extraterritorially. The Committee reaffirmed in its general recommendation No. 28 the requirement in article 2 (e) of the Convention to eliminate discrimination by any public or private actor, which extends to acts of national corporations operating extraterritorially. That would include cases in which the activities of national corporations in conflict-affected areas lead to women’s rights abuses and cases that call for the establishment of accountability and oversight mechanisms for private security and other contractors operating in conflict zones.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","A. Territorial and extraterritorial application of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-30-0011","docId":"cedaw-c-gc-30","idx":11,"n":11,"text":"There may be cases in which States parties also have extraterritorial obligations of international cooperation, as set out in international law, such as treaty law on women with disabilities (art. 32 of the Convention on the Rights of Persons with Disabilities), girls in armed conflict (art. 24 (4) of the Convention on the Rights of the Child and the first two optional protocols thereto) and the non-discriminatory enjoyment of economic, social and cultural rights (arts. 2 (1), 11 (1), 22 and 23 of the International Covenant on Economic, Social and Cultural Rights). In such cases, the extraterritorial application of the Convention requires States to comply with the Convention in implementing those obligations.","labels":["Women/girls","Children","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","A. Territorial and extraterritorial application of the Convention"],"citedArticles":[{"article":"32","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'treaty law on women with disabilities (art. 32 of the Convention on the Rights of Persons with Disabilities)' — CRPD art. 32 (international cooperation). Regex defaulted to CEDAW."},{"article":"24","paragraph":"4","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'girls in armed conflict (art. 24 (4) of the Convention on the Rights of the Child)' — CRC art. 24(4). Regex defaulted to CEDAW."}]},{"id":"cedaw-c-gc-30-0012","docId":"cedaw-c-gc-30","idx":12,"n":12,"text":"12. The Committee recommends that State parties:","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","A. Territorial and extraterritorial application of the Convention"]},{"id":"cedaw-c-gc-30-0013","docId":"cedaw-c-gc-30","idx":13,"n":13,"text":"Women’s rights in conflict prevention, conflict and post-conflict processes are affected by various actors, including States acting individually (for example, as the State within whose borders the conflict arises, neighbouring States involved in the regional dimensions of the conflict or States involved in unilateral cross-border military manoeuvres), States acting as members of international or intergovernmental organizations (for example, by contributing to international peacekeeping forces or as donors giving money through international financial institutions to support peace processes) and coalitions and non-State actors, such as armed groups, paramilitaries, corporations, private military contractors, organized criminal groups and vigilantes. In conflict and post-conflict contexts, State institutions are often weakened or certain government functions may be performed by other Governments, intergovernmental organizations or even non-State groups. The Committee stresses that, in such cases, there may be simultaneous and complementary sets of obligations under the Convention for a range of involved actors.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"]},{"id":"cedaw-c-gc-30-0014","docId":"cedaw-c-gc-30","idx":14,"n":14,"text":"State responsibility under the Convention also arises if a non-State actor’s acts or omission may be attributed to the State under international law. When a State party is acting as a member of an international organization in conflict prevention, conflict or post-conflict processes, the State party remains responsible for its obligations under the Convention within its territory and extraterritorially and also has a responsibility to adopt measures to ensure that the policies and decisions of those organizations conform to its obligations under the Convention.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"]},{"id":"cedaw-c-gc-30-0015","docId":"cedaw-c-gc-30","idx":15,"n":15,"text":"The Committee has also repeatedly stressed that the Convention requires States parties to regulate non-State actors under the duty to protect, such that States must exercise due diligence to prevent, investigate, punish and ensure redress for the acts of private individuals or entities that impair the rights enshrined in the Convention. In its general recommendations Nos. 19 and 28, the Committee has outlined due diligence obligations in protecting women from violence and discrimination, emphasizing that, alongside constitutional and legislative measures, States parties must also provide adequate administrative and financial support for the implementation of the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"]},{"id":"cedaw-c-gc-30-0016","docId":"cedaw-c-gc-30","idx":16,"n":16,"text":"In addition to requiring States parties to regulate non-State actors, international humanitarian law contains relevant obligations that bind non-State actors, as parties to an armed conflict (for example, insurgents and rebel groups) such as in common article 3 of the Geneva Conventions of 1949 and the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts. Under international human rights law, although non-State actors cannot become parties to the Convention, the Committee notes that, under certain circumstances, in particular where an armed group with an identifiable political structure exercises significant control over territory and population, non-State actors are obliged to respect international human rights. The Committee emphasizes that gross violations of human rights and serious violations of humanitarian law could entail individual criminal responsibility, including for members and leaders of non-State armed groups and private military contractors.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"],"citedArticles":[{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'common article 3 of the Geneva Conventions of 1949' - IHL instrument, not in-scope."}]},{"id":"cedaw-c-gc-30-0017","docId":"cedaw-c-gc-30","idx":17,"n":17,"text":"17. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"]},{"id":"cedaw-c-gc-30-0018","docId":"cedaw-c-gc-30","idx":18,"n":18,"text":"18. The Committee also urges non-State actors such as armed groups:","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","B. Application of the Convention to State and non-State actors"]},{"id":"cedaw-c-gc-30-0019","docId":"cedaw-c-gc-30","idx":19,"n":19,"text":"In all crisis situations, whether non-international or international armed conflict, public emergencies, foreign occupation or other situations of concern such as political strife, women’s rights are guaranteed by an international law regime that consists of complementary protections under the Convention and international humanitarian, refugee and criminal law.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0020","docId":"cedaw-c-gc-30","idx":20,"n":20,"text":"In situations that meet the threshold definition of non-international or international armed conflict, the Convention and international humanitarian law apply concurrently and their different protections are complementary, not mutually exclusive. Under international humanitarian law, women affected by armed conflicts are entitled to general protections that apply to both women and men and to some limited specific protections, primarily protection against rape, forced prostitution and any other form of indecent assault; priority in the distribution of relief consignments to expectant mothers, maternity cases and nursing mothers in international armed conflict; detention in separate quarters from men and under the immediate supervision of women; and protection from the death penalty for pregnant women or mothers of dependent or young children.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0021","docId":"cedaw-c-gc-30","idx":21,"n":21,"text":"International humanitarian law also imposes obligations upon occupying Powers that apply concurrently with the Convention and other international human rights law. International humanitarian law also prohibits a State from transferring part of its own civilian population into the territory that it occupies. Under international humanitarian law, women under occupation are entitled to general protections and the following specific protections: protection against rape, forced prostitution or any other form of indecent assault; free passage of consignments of essential clothing intended for expectant mothers and maternity cases; safety or neutralized zones that may be established to shield the civilian population, including in particular expectant mothers and mothers of children under 7 years of age; and detention in separate quarters from men and under the immediate supervision of women. Women civilian internees must receive sanitary conveniences and be searched by women.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0022","docId":"cedaw-c-gc-30","idx":22,"n":22,"text":"The provisions of the Convention prohibiting discrimination against women reinforce and complement the international legal protection regime for refugees and displaced and stateless women and girls in many settings, especially because explicit gender equality provisions are absent from relevant international agreements, notably the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.","labels":["Refugees & asylum-seekers","Women/girls","Children","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0023","docId":"cedaw-c-gc-30","idx":23,"n":23,"text":"Under the Convention, States parties’ obligations to prevent, investigate and punish trafficking and sexual and gender-based violence are reinforced by international criminal law, including jurisprudence of the international and mixed criminal tribunals and the Rome Statute of the International Criminal Court, pursuant to which enslavement in the course of trafficking in women and girls, rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity may constitute a war crime, a crime against humanity or an act of torture, or constitute an act of genocide. International criminal law, including the definitions of gender-based violence, in particular sexual violence, must also be interpreted consistently with the Convention and other internationally recognized human rights instruments without adverse distinction as to gender.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0024","docId":"cedaw-c-gc-30","idx":24,"n":24,"text":"The Committee recommends that State parties, when implementing their obligations under the Convention, give due consideration to the complementary protections for women and girls stemming from international humanitarian, refugee and criminal law.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","C. Complementarity of the Convention and international humanitarian, refugee and criminal law"]},{"id":"cedaw-c-gc-30-0025","docId":"cedaw-c-gc-30","idx":25,"n":25,"text":"The Committee recognizes that the various thematic resolutions of the Security Council, in particular 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013), in addition to resolutions such as 1983 (2011), which provides specific guidance on the impact of HIV and AIDS on women in conflict and post-conflict contexts, are crucial political frameworks for advancing advocacy regarding women, peace and security.","labels":["Women/girls","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","D. Convention and the Security Council agenda on women, peace and security"]},{"id":"cedaw-c-gc-30-0026","docId":"cedaw-c-gc-30","idx":26,"n":26,"text":"Given that all the areas of concern addressed in those resolutions find expression in the substantive provisions of the Convention, their implementation must be premised on a model of substantive equality and cover all the rights enshrined in the Convention. The Committee reiterates the need for a concerted and integrated approach that places the implementation of the Security Council agenda on women, peace and security into the broader framework of the implementation of the Convention and its Optional Protocol.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","D. Convention and the Security Council agenda on women, peace and security"]},{"id":"cedaw-c-gc-30-0027","docId":"cedaw-c-gc-30","idx":27,"n":27,"text":"The Convention contains a reporting procedure, under article 18, by which States parties are required to report on measures that they have adopted to implement the provisions of the Convention, including in conflict prevention, conflict and post-conflict situations. The inclusion in the reporting procedure of information on the implementation of Security Council commitments can make it possible to consolidate the Convention and the agenda of the Council and therefore broaden, strengthen and operationalize gender equality.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","D. Convention and the Security Council agenda on women, peace and security"],"citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"id":"cedaw-c-gc-30-0028","docId":"cedaw-c-gc-30","idx":28,"n":28,"text":"28. The Committee recommends that States parties:","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["III. Application of the Convention to conflict prevention, conflict and post-conflict situations","D. Convention and the Security Council agenda on women, peace and security"]},{"id":"cedaw-c-gc-30-0029","docId":"cedaw-c-gc-30","idx":29,"n":29,"text":"States parties to the Convention are required to focus on the prevention of conflict and all forms of violence. Such conflict prevention includes effective early warning systems to collect and analyse open-source information, preventive diplomacy and mediation, and prevention efforts that tackle the root causes of conflict. It also includes robust and effective regulation of the arms trade, in addition to appropriate control over the circulation of existing and often illicit conventional arms, including small arms, to prevent their use to commit or facilitate serious acts of gender-based violence. There is a correlation between the increased prevalence of gender-based violence and discrimination and the outbreak of conflict. For example, rapid increases in the prevalence of sexual violence can serve as an early warning of conflict. Accordingly, efforts to eliminate gender-based violations also contribute in the long term to preventing conflict, its escalation and the recurrence of violence in the post-conflict phase.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","A. Women and conflict prevention"]},{"id":"cedaw-c-gc-30-0030","docId":"cedaw-c-gc-30","idx":30,"n":30,"text":"The importance of conflict prevention for women’s rights notwithstanding, conflict prevention efforts often exclude women’s experiences as not relevant for predicting conflict, and women’s participation in conflict prevention is low. The Committee has previously noted the low participation of women in institutions working on preventive diplomacy and on global issues such as military expenditure and nuclear disarmament. In addition to falling short of the Convention, such gender-blind conflict prevention measures cannot adequately predict and prevent conflict. It is only by including female stakeholders and using a gendered analysis of conflict that States parties can design appropriate responses.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","A. Women and conflict prevention"]},{"id":"cedaw-c-gc-30-0031","docId":"cedaw-c-gc-30","idx":31,"n":31,"text":"The Convention requires that prevention policies be non-discriminatory and that efforts to prevent or mitigate conflict neither voluntarily or inadvertently harm women nor create or reinforce gender inequality. Interventions by centralized Governments or third-party States in local peace processes should respect rather than undermine women’s leadership and peacekeeping roles at the local level.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","A. Women and conflict prevention"]},{"id":"cedaw-c-gc-30-0032","docId":"cedaw-c-gc-30","idx":32,"n":32,"text":"The Committee has previously noted that the proliferation of conventional arms, especially small arms, including diverted arms from the legal trade, can have a direct or indirect effect on women as victims of conflict-related gender-based violence, as victims of domestic violence and also as protesters or actors in resistance movements.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","A. Women and conflict prevention"]},{"id":"cedaw-c-gc-30-0033","docId":"cedaw-c-gc-30","idx":33,"n":33,"text":"33. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","A. Women and conflict prevention"]},{"id":"cedaw-c-gc-30-0034","docId":"cedaw-c-gc-30","idx":34,"n":34,"text":"Violence against women and girls is a form of discrimination prohibited by the Convention and is a violation of human rights. Conflicts exacerbate existing gender inequalities, placing women at a heightened risk of various forms of gender-based violence by both State and non-State actors. Conflict-related violence happens everywhere, such as in homes, detention facilities and camps for internally displaced women and refugees; it happens at any time, for instance, while performing daily activities such as collecting water and firewood or going to school or work. There are multiple perpetrators of conflict-related gender-based violence. These may include members of government armed forces, paramilitary groups, non-State armed groups, peacekeeping personnel and civilians. Irrespective of the character of the armed conflict, its duration or the actors involved, women and girls are increasingly deliberately targeted for and subjected to various forms of violence and abuse, ranging from arbitrary killings, torture and mutilation, sexual violence, forced marriage, forced prostitution and forced impregnation to forced termination of pregnancy and sterilization.","labels":["Women/girls","Children","Persons deprived of their liberty","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","1. Gender-based violence (arts. 1-3 and 5 (a))"]},{"id":"cedaw-c-gc-30-0035","docId":"cedaw-c-gc-30","idx":35,"n":35,"text":"It is indisputable that, while all civilians are adversely affected by armed conflict, women and girls are primarily and increasingly targeted by the use of sexual violence, “including as a tactic of war to humiliate, dominate, instil fear in, disperse and/or forcibly relocate civilian members of a community or ethnic group”, and that this form of sexual violence persists even after the cessation of hostilities (see Security Council resolution 1820 (2008)). For most women in post-conflict environments, the violence does not stop with the official ceasefire or the signing of the peace agreement and often increases in the post-conflict setting. The Committee acknowledges the many reports confirming that, while the forms and sites of violence change, which means that there may no longer be State-sponsored violence, all forms of gender-based violence, in particular sexual violence, escalate in the post-conflict setting. The failure to prevent, investigate and punish all forms of gender-based violence, in addition to other factors such as ineffective disarmament, demobilization and reintegration processes, can also lead to further violence against women in post-conflict periods.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","1. Gender-based violence (arts. 1-3 and 5 (a))"]},{"id":"cedaw-c-gc-30-0036","docId":"cedaw-c-gc-30","idx":36,"n":36,"text":"During and after conflict, specific groups of women and girls are at particular risk of violence, especially sexual violence, such as internally displaced and refugee women; women’s human rights defenders; women of diverse caste, ethnic, national or religious identities, or other minorities, who are often attacked as symbolic representatives of their community; widows; and women with disabilities. Female combatants and women in the military are also vulnerable to sexual assault and harassment by State and non-State armed groups and resistance movements.","labels":["Refugees & asylum-seekers","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","1. Gender-based violence (arts. 1-3 and 5 (a))"]},{"id":"cedaw-c-gc-30-0037","docId":"cedaw-c-gc-30","idx":37,"n":37,"text":"Gender-based violence also leads to multiple additional human rights violations, such as State or non-State attacks on women’s rights defenders, which undermine women’s equal and meaningful participation in political and public life. Conflict-related gender-based violence results in a vast range of physical and psychological consequences for women, such as injuries and disabilities, increased risk of HIV infection and risk of unwanted pregnancy resulting from sexual violence. There is a strong association between gender-based violence and HIV, including the deliberate transmission of HIV, used as a weapon of war, through rape.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","1. Gender-based violence (arts. 1-3 and 5 (a))"]},{"id":"cedaw-c-gc-30-0038","docId":"cedaw-c-gc-30","idx":38,"n":38,"text":"38. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","1. Gender-based violence (arts. 1-3 and 5 (a))"]},{"id":"cedaw-c-gc-30-0039","docId":"cedaw-c-gc-30","idx":39,"n":39,"text":"Trafficking in women and girls, which constitutes gender-based discrimination, is exacerbated during and after conflict owing to the breakdown of political, economic and social structures, high levels of violence and increased militarism. Conflict and post-conflict situations can create particular war-related demand structures for women’s sexual, economic and military exploitation. Conflict-affected regions can be areas of origin, transit and destination with regard to trafficking in women and girls, with the forms of trafficking varying by region, specific economic and political context and State and non-State actors involved. Women and girls living in or returning from camps for internally displaced persons, refugees or those searching for livelihoods are particularly at risk of trafficking.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","2. Trafficking (art. 6)"]},{"id":"cedaw-c-gc-30-0040","docId":"cedaw-c-gc-30","idx":40,"n":40,"text":"Trafficking may also occur when third-party countries seek to restrict migrant influxes out of conflict-affected areas through measures such as interdiction, expulsion or detention. Restrictive, sex-specific or discriminatory migration policies that limit opportunities for women and girls fleeing from conflict zones may heighten their vulnerability to exploitation and trafficking.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","2. Trafficking (art. 6)"]},{"id":"cedaw-c-gc-30-0041","docId":"cedaw-c-gc-30","idx":41,"n":41,"text":"41. The Committee recommends that States parties:","labels":["Migrants","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","2. Trafficking (art. 6)"]},{"id":"cedaw-c-gc-30-0042","docId":"cedaw-c-gc-30","idx":42,"n":42,"text":"While women often take on leadership roles during conflict as heads of households, peacemakers, political leaders and combatants, the Committee has repeatedly expressed concern that their voices are silenced and marginalized in post-conflict and transition periods and recovery processes. The Committee reaffirms that the inclusion of a critical mass of women in international negotiations, peacekeeping activities and all levels of preventive diplomacy, mediation, humanitarian assistance, social reconciliation and peace negotiations at the national, regional and international levels, as well as in the criminal justice system, can make a difference. At the national level, women’s equal, meaningful and effective participation in the various branches of government, their appointment to leadership positions in government sectors and their ability to participate as active members of civil society are prerequisites for creating a society with lasting democracy, peace and gender equality.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0043","docId":"cedaw-c-gc-30","idx":43,"n":43,"text":"The immediate aftermath of conflict can provide a strategic opportunity for States parties to adopt legislative and policy measures to eliminate discrimination against women in the political and public life of the country and to ensure that women have equal opportunities to participate in the new, post-conflict structures of governance. In many cases, however, the promotion of gender equality and women’s participation in decision-making processes is not seen as a priority at the official cessation of hostilities and may even be sidelined as incompatible with stabilization goals. The full participation and involvement of women in formal peacemaking and post-conflict reconstruction and socioeconomic development are often not realized on account of deeply entrenched stereotypes, reflected in the traditionally male leadership of State and non-State groups, which exclude women from all aspects of decision-making, in addition to gender-based violence and other forms of discrimination against women.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0044","docId":"cedaw-c-gc-30","idx":44,"n":44,"text":"The fulfilment of States parties’ obligations to ensure women’s equal representation in political and public life (art. 7) and at the international level (art. 8) requires measures, including temporary special measures under article 4 (1), to address this broader context of gender discrimination and inequality in conflict-affected areas, in addition to the specific and multiple barriers to women’s equal participation that are linked to additional conflict-related restrictions on mobility, security, fundraising, campaigning and technical skills.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"4","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0045","docId":"cedaw-c-gc-30","idx":45,"n":45,"text":"The implementation of these obligations applies in particular to States parties on whose territory hostilities have occurred, in addition to other States parties involved in peacemaking processes that are required to ensure that women are represented in their own institutions and to support local women’s participation in peace processes. Their implementation, in conjunction with Security Council resolution 1325 (2000) on women, peace and security, guarantees women’s meaningful participation in processes relating to the prevention, management and resolution of conflicts.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0046","docId":"cedaw-c-gc-30","idx":46,"n":46,"text":"46. The Committee recommends that States parties:","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0047","docId":"cedaw-c-gc-30","idx":47,"n":47,"text":"47. The Committee recommends that third-party States participating in conflict-resolution processes either individually or as members of international or intergovernmental organizations and coalitions:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0048","docId":"cedaw-c-gc-30","idx":48,"n":48,"text":"The total breakdown of State public and service provision infrastructure is one of the major and direct consequences of armed conflict, resulting in the lack of delivery of essential services to the population. In such situations, women and girls are at the front line of suffering, bearing the brunt of the socioeconomic dimensions of the conflict. In conflict-affected areas, schools are closed owing to insecurity, occupied by State and non-State armed groups or destroyed, all of which impede girls’ access to school. Other factors preventing girls’ access to education include targeted attacks and threats against them and their teachers by non-State actors, in addition to the additional caregiving and household responsibilities that they are obliged to assume.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0049","docId":"cedaw-c-gc-30","idx":49,"n":49,"text":"Likewise, women are forced to look for alternative sources of livelihood as family survival comes to depend heavily on them. Even though during conflict women take on roles previously held by men in the formal employment sector, it is not uncommon in post-conflict settings for women to lose formal-sector jobs and return to the household or to the informal sector. In post-conflict settings, the generation of employment is a top priority for building a sustainable post-conflict economy; however, employment-generation initiatives in the formal sector tend to neglect women because they focus on economic opportunities for demobilized men. It is imperative that post-conflict reconstruction programmes value and support women’s contributions in the informal and productive areas of the economy where most economic activity occurs.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0050","docId":"cedaw-c-gc-30","idx":50,"n":50,"text":"In conflict-affected areas, access to essential services such as health care, including sexual and reproductive health services, is disrupted owing to inadequate infrastructure and a lack of professional medical care workers, basic medicines and health-care supplies. Consequently, women and girls are at a greater risk of unplanned pregnancy, severe sexual and reproductive injuries and contracting sexually transmitted infections, including HIV and AIDS, as a result of conflict-related sexual violence. The breakdown or destruction of health services, combined with restrictions on women’s mobility and freedom of movement, further undermines women’s equal access to health care, as guaranteed by article 12 (1). Power imbalances and harmful gender norms make girls and women disproportionately more vulnerable to HIV infection and these factors become more pronounced in conflict and post-conflict settings. HIV-related stigma and discrimination is also pervasive and has profound implications for HIV prevention, treatment, care and support, especially when combined with the stigma associated with gender-based violence.","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"],"citedArticles":[{"treaty":"CEDAW","article":"12","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0051","docId":"cedaw-c-gc-30","idx":51,"n":51,"text":"Women in rural areas are often disproportionately affected by the lack of adequate health and social services and inequitable access to land and natural resources. Similarly, their situation in conflict settings presents particular challenges with regard to their employment and reintegration, given that it is often exacerbated by the breakdown of services, resulting in food insecurity, inadequate shelter, deprivation of property and lack of access to water. Widows, women with disabilities, older women, single women without family support and female-headed households are especially vulnerable to increased economic hardship owing to their disadvantaged situation, and often lack employment and means and opportunities for economic survival.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0052","docId":"cedaw-c-gc-30","idx":52,"n":52,"text":"52. The Committee recommends that States parties:","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0053","docId":"cedaw-c-gc-30","idx":53,"n":53,"text":"The Committee has previously noted that the Convention applies at every stage of the displacement cycle and that situations of forced displacement and statelessness often affect women differently from men and include gender-based discrimination and violence. Internal and external displacement have specific gender dimensions that occur at all stages in the displacement cycle; during flight, settlement and return within conflict-affected areas, women and girls are especially vulnerable to forced displacement. In addition, they are often subjected to gross human rights violations during flight and in the displacement phase, as well as within and outside camp settings, including risks relating to sexual violence, trafficking and the recruitment of girls into armed forces and rebel groups.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0054","docId":"cedaw-c-gc-30","idx":54,"n":54,"text":"Displaced women live in precarious conditions in conflict and post-conflict environments owing to their unequal access to education, income generation and skills training activities; poor reproductive health care; their exclusion from decision-making processes, which is exacerbated by male-dominated leadership structures; and poor layout and infrastructure, both in camp and non-camp settings. This situation of dire poverty and inequality can lead them to exchange sexual favours for money, shelter, food or other goods under circumstances that make them vulnerable to exploitation, violence and HIV infection and other sexually transmitted diseases.","labels":["Women/girls","Persons living with HIV/AIDS","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0055","docId":"cedaw-c-gc-30","idx":55,"n":55,"text":"Refugee women have different and additional needs to men owing to their experiences as refugees. Refugee women face similar assistance and protection concerns to internally displaced women and could therefore benefit from similar gender-sensitive interventions to address their needs. The Committee acknowledges the diversity within these groups, the particular challenges that they may face and the legal, social and other implications of the context of their internal or external displacement, the gaps in the international assistance provided to them and the need for responses targeted to their needs.","labels":["Refugees & asylum-seekers","Women/girls","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0056","docId":"cedaw-c-gc-30","idx":56,"n":56,"text":"Searches for durable solutions following conflict-related displacement frequently exclude the perspective of displaced women, either because they rely on decision-making by a family member or community in which women’s voices are marginalized or because durable solutions are set as part of post-conflict processes that exclude women. In addition, female asylum seekers from conflict-affected areas can face gendered barriers to asylum, given that their narrative may not fit the traditional patterns of persecution, which have been largely articulated from a male perspective.","labels":["Refugees & asylum-seekers","Women/girls","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0057","docId":"cedaw-c-gc-30","idx":57,"n":57,"text":"57. The Committee recommends that States parties:","labels":["Refugees & asylum-seekers","Indigenous peoples","Women/girls","Children","Persons living in rural/remote areas","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","3. Participation (arts. 7-8)"]},{"id":"cedaw-c-gc-30-0058","docId":"cedaw-c-gc-30","idx":58,"n":58,"text":"In addition to the heightened risks faced by internally displaced persons, refugees and asylum seekers, conflict can also be both a cause and a consequence of statelessness, rendering women and girls particularly vulnerable to various forms of abuse in both the private and public domains. Statelessness can arise when a woman’s experience of conflict intersects with discrimination with regard to nationality rights, such as laws that require women to change nationality upon marriage or its dissolution or that deny them the ability to pass on their nationality.","labels":["Refugees & asylum-seekers","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","6. Nationality and statelessness (arts. 1-3 and 9)"]},{"id":"cedaw-c-gc-30-0059","docId":"cedaw-c-gc-30","idx":59,"n":59,"text":"Women may be left stateless when they cannot prove nationality because necessary documents such as identity documents and birth registration are either not issued or are lost or destroyed in conflict and are not reissued in their names. Statelessness may also result in situations in which women are denied the ability to pass on nationality to their children by gender-discriminatory nationality laws.","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","6. Nationality and statelessness (arts. 1-3 and 9)"]},{"id":"cedaw-c-gc-30-0060","docId":"cedaw-c-gc-30","idx":60,"n":60,"text":"Stateless women and girls face heightened risks of abuse in times of conflict because they do not enjoy the protection that flows from citizenship, including consular assistance, and also because many are undocumented and/or belong to ethnic, religious or linguistic minority populations. Statelessness also results in the widespread denial of fundamental human rights and freedoms in post-conflict periods. For example, women may be denied access to health care, employment and other socioeconomic and cultural rights as Governments restrict services to nationals in times of increased resource constraints. Women deprived of a nationality are also often excluded from political processes and from participating in the new government and governance of their country, in violation of articles 7 and 8 of the Convention.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","6. Nationality and statelessness (arts. 1-3 and 9)"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"cedaw-c-gc-30-0061","docId":"cedaw-c-gc-30","idx":61,"n":61,"text":"61. The Committee recommends that States parties:","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Non-citizens and stateless","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","6. Nationality and statelessness (arts. 1-3 and 9)"]},{"id":"cedaw-c-gc-30-0062","docId":"cedaw-c-gc-30","idx":62,"n":62,"text":"Inequalities in marriage and family relations affect women’s experiences in conflict and post-conflict situations. In such situations, women and girls may be forced into marriage to placate armed groups or because their post-conflict poverty forces them to marry for financial security, affecting their rights to choose a spouse and enter freely into marriage, as guaranteed by article 16 (1)(a) and 16 (1)(b). During conflict, girls are particularly susceptible to forced marriage, a harmful practice that is increasingly used by armed groups. Families also force girls into marriage as a result of poverty and a misconception that it may protect them against rape.","labels":["Women/girls","Children","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"],"citedArticles":[{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"},{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0063","docId":"cedaw-c-gc-30","idx":63,"n":63,"text":"Equal access to property, as guaranteed by article 16 (1)(h), is particularly critical in post-conflict situations, given that housing and land are crucial to recovery efforts, in particular for women in female-headed households, the number of whom tends to rise in crisis owing to family separation and widowhood. Women’s limited and unequal access to property becomes particularly damaging in post-conflict situations, especially when displaced women who have lost husbands or close male relatives return to their homes to find that they have no legal title to their land and, as a result, no means of earning a livelihood.","labels":["Women/girls","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"],"citedArticles":[{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0064","docId":"cedaw-c-gc-30","idx":64,"n":64,"text":"Forced pregnancies, abortions or sterilization of women in conflict-affected areas violate myriad women’s rights, including the right under article 16 (1)(e) to decide freely and responsibly on the number and spacing of their children.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"],"citedArticles":[{"treaty":"CEDAW","article":"16","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0065","docId":"cedaw-c-gc-30","idx":65,"n":65,"text":"65. The Committee reiterates its general recommendations Nos. 21 and 29 and further recommends that States parties:","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0066","docId":"cedaw-c-gc-30","idx":66,"n":66,"text":"Disarmament, demobilization and reintegration are part of the broader security sector reform framework and among the first security initiatives put in place in post-conflict and transition periods. This notwithstanding, disarmament, demobilization and reintegration programmes are rarely developed or implemented in coordination with security sector reform initiatives. This lack of coordination often undermines women’s rights, such as when amnesties are granted in order to facilitate the reintegration into security sector positions of ex-combatants who have committed gender-based violations. Women are also excluded from positions within newly formed security sector institutions owing to a lack of planning and coordination in security sector reform and disarmament, demobilization and reintegration initiatives. Inadequate vetting processes further impede gender-sensitive security sector reform, which is key to developing non-discriminatory, gender-responsive security sector institutions that address the security needs of women and girls, including disadvantaged groups.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0067","docId":"cedaw-c-gc-30","idx":67,"n":67,"text":"At the end of conflict, women face particular challenges as female ex-combatants and women and girls associated with armed groups as messengers, cooks, medics, caregivers, forced labourers and wives. Disarmament, demobilization and reintegration programmes, given the traditionally male structure of armed groups, often do not respond to the distinct needs of women and girls, fail to consult them and also exclude them. It is not uncommon for female ex-combatants to be excluded from disarmament, demobilization and reintegration lists. Such programmes also fail to recognize the status of girls associated with armed groups by characterizing them as dependants rather than abductees, or by excluding those who did not have visible combatant roles. Many female combatants suffer gender-based violence, in particular sexual violence, resulting in children born of rape, high levels of sexually transmitted diseases, rejection or stigmatization by families and other trauma. Disarmament, demobilization and reintegration programmes often fail to address their experiences and the psychological trauma that they have undergone. Consequently, they are unable to reintegrate into family and community life successfully.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0068","docId":"cedaw-c-gc-30","idx":68,"n":68,"text":"Even when women and girls are included in disarmament, demobilization and reintegration processes, the support is inadequate, gender stereotyped and limits their economic empowerment by providing skills development only in traditionally female fields. Disarmament, demobilization and reintegration programmes also fail to deal with the psychosocial trauma that women and girls experience in conflict and post-conflict situations. That in turn can cause further rights violations, given that women’s social stigma, isolation and economic disempowerment can force some women to remain in exploitative situations (such as with their captors) or force them into new ones if they have to turn to illicit activities to provide for themselves and their dependants.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0069","docId":"cedaw-c-gc-30","idx":69,"n":69,"text":"69. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0070","docId":"cedaw-c-gc-30","idx":70,"n":70,"text":"The post-conflict electoral reform and constitution-building process represents a crucial opportunity to lay the foundations for gender equality in the transition period and beyond. Both the process and substance of these reforms can set a precedent for women’s participation in social, economic and political life in the post-conflict period, in addition to providing a legal base from which women’s rights advocates can demand other types of gender-responsive reform that unfold in transitional periods. The importance of a gender perspective in post-conflict electoral and constitutional reform is also emphasized in Security Council resolution 1325 (2000).","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0071","docId":"cedaw-c-gc-30","idx":71,"n":71,"text":"During the constitution-drafting process, the equal and meaningful participation of women is fundamental for the inclusion of constitutional guarantees of women’s rights. States parties must ensure that the new constitution enshrines the principle of equality between women and men and of non-discrimination, in line with the Convention. For women to enjoy their human rights and fundamental freedoms on an equal basis with men, it is important that they be given an equal start, through the adoption of temporary special measures to accelerate de facto equality.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0072","docId":"cedaw-c-gc-30","idx":72,"n":72,"text":"Electoral reform and constitution-drafting processes in post-conflict contexts pose a set of unique challenges to ensuring women’s participation and promoting gender equality, given that the designs of electoral systems are not always gender-neutral. The electoral rules and procedures that determine which interest groups are represented on constitution-building bodies and other electoral bodies in the post-conflict era are critical in guaranteeing the role of women in public and political life. Decisions on the choice of electoral systems are important to overcome the traditional gender bias that undermines women’s participation. Substantive progress towards the equal participation of women as candidates and voters, in addition to the holding of free and fair elections, will not be possible unless appropriate measures are taken, including the creation of a gender-responsive electoral system and the adoption of temporary special measures to enhance women’s participation as candidates and ensure a proper voter’s registration system and that women voters and female political candidates are not subject to violence by State or private actors.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"]},{"id":"cedaw-c-gc-30-0073","docId":"cedaw-c-gc-30","idx":73,"n":73,"text":"73. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","7. Marriage and family relations (arts. 15-16)"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-0074","docId":"cedaw-c-gc-30","idx":74,"n":74,"text":"When conflict comes to an end, society is confronted with the complex task of dealing with the past, which involves the need to hold human rights violators accountable for their actions, putting an end to impunity, restoring the rule of law and addressing all the needs of survivors through the provision of justice accompanied by reparations. Challenges relating to access to justice are especially aggravated and acute in conflict and post-conflict situations because formal justice systems may no longer exist or function with any level of efficiency or effectiveness. Existing justice systems may often be more likely to violate women’s rights than to protect them, which can deter victims from seeking justice. All barriers faced by women in gaining access to justice before the national courts prior to the conflict, such as legal, procedural, institutional, social and practical barriers, in addition to entrenched gender discrimination, are exacerbated during conflict, persist during the post-conflict period and operate alongside the breakdown of the police and judicial structures to deny or hinder women’s access to justice.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0075","docId":"cedaw-c-gc-30","idx":75,"n":75,"text":"In the aftermath of conflict, transitional justice mechanisms are established with the aim of addressing the legacy of human rights abuses, dealing with the root causes of the conflict, facilitating the transition from conflict to democratic governance, institutionalizing the State machinery designed to protect and advance fundamental human rights and freedoms, delivering justice and ensuring accountability for all violations of human rights and humanitarian law and ensuring their non-repetition. To achieve these multiple objectives, temporary judicial and/or non-judicial mechanisms, including truth commissions and hybrid courts, are often instituted either to replace dysfunctional national judicial systems or to supplement them.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0076","docId":"cedaw-c-gc-30","idx":76,"n":76,"text":"The most egregious and pervasive violations that occur during conflict often remain unpunished by transitional justice mechanisms and are normalized in the post-conflict environment. Efforts to strengthen and/or complement domestic justice systems notwithstanding, transitional justice mechanisms have failed and continue to fail women by not adequately delivering justice and reparations for all harms suffered, thereby entrenching the impunity enjoyed by perpetrators of women’s human rights violations. Transitional justice mechanisms have not succeeded in fully addressing the gendered impact of conflict and in taking into account the interdependence and interrelatedness of all human rights violations that occur during conflict. For most women, post-conflict justice priorities should not be limited to ending violations of civil and political rights, but should include violations of all rights, including economic, social and cultural rights.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0077","docId":"cedaw-c-gc-30","idx":77,"n":77,"text":"States parties’ obligations under the Convention require them to address all violations of women’s rights, in addition to the underlying structural sex and gender-based discrimination that underpinned such violations. Besides providing redress to women for gender-based violations suffered during conflict, transitional justice mechanisms have the potential to secure a transformative change in women’s lives. Given their important role in laying the foundation for the new society, such mechanisms represent a unique opportunity for State parties to lay the ground towards the achievement of substantive gender equality by addressing pre-existing and entrenched sex and gender-based discrimination that had impeded women’s enjoyment of their rights under the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0078","docId":"cedaw-c-gc-30","idx":78,"n":78,"text":"Although international tribunals have contributed to recognizing and prosecuting gender-based crimes, a number of challenges remain to ensuring women’s access to justice and many procedural, institutional and social barriers continue to prevent them from participating in international justice processes. Passive acquiescence of past violence reinforces the culture of silence and stigmatization. Reconciliation processes such as truth and reconciliation commissions often provide women survivors with an opportunity to deal with their past in a safe setting and constitute official historical records. They should, however, never be used as a substitute for investigations into and prosecutions of perpetrators for human rights violations committed against women and girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0079","docId":"cedaw-c-gc-30","idx":79,"n":79,"text":"The Committee reiterates that State parties’ obligations also require them to ensure women’s right to a remedy, which encompasses the right to adequate and effective reparations for violations of their rights under the Convention. An assessment of the gender dimension of the harm suffered is essential to ensure that women are provided with adequate, effective and prompt reparations for violations suffered during conflict, regardless of whether remedies are ordered by national or international courts or by administrative reparation programmes. Rather than re-establishing the situation that existed before the violations of women’s rights, reparation measures should seek to transform the structural inequalities that led to the violations of women’s rights, respond to women’s specific needs and prevent their reoccurrence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0080","docId":"cedaw-c-gc-30","idx":80,"n":80,"text":"In many countries emerging from conflict, existing informal justice mechanisms represent the only form of justice available for women and can be a valuable tool in the aftermath of conflict. Given that the processes and decisions of these mechanisms may discriminate against women, however, it is critical to carefully consider their role in facilitating access to justice for women, such as defining the type of violations that they will be addressing and the possibility of challenging their decisions in the formal justice system.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0081","docId":"cedaw-c-gc-30","idx":81,"n":81,"text":"81. The Committee recommends that States parties:","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["IV. Convention and conflict prevention, conflict and post-conflict situations","B. Women in conflict and post-conflict contexts","10. Access to justice (arts. 1-3, 5 (a) and 15)"]},{"id":"cedaw-c-gc-30-0082","docId":"cedaw-c-gc-30","idx":82,"n":82,"text":"In addition to those made above, the Committee makes the recommendations to States parties set out below.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion"]},{"id":"cedaw-c-gc-30-0083","docId":"cedaw-c-gc-30","idx":83,"n":83,"text":"States parties should report on the legal framework, policies and programmes that they have implemented to ensure the human rights of women in conflict prevention, conflict and post-conflict situations. States parties should collect, analyse and make available sex-disaggregated statistics, in addition to trends over time, concerning women, peace and security. States parties’ reports should address actions inside and outside their territory in areas under their jurisdiction, in addition to their actions taken individually and as members of international or intergovernmental organizations and coalitions insofar as they concern women and conflict prevention, conflict and post-conflict situations.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion","A. Monitoring and reporting"]},{"id":"cedaw-c-gc-30-0084","docId":"cedaw-c-gc-30","idx":84,"n":84,"text":"States parties are to provide information on the implementation of the Security Council agenda on women, peace and security, in particular resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013), including by specifically reporting on compliance with any agreed United Nations benchmarks or indicators developed as part of that agenda.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion","A. Monitoring and reporting"]},{"id":"cedaw-c-gc-30-0085","docId":"cedaw-c-gc-30","idx":85,"n":85,"text":"The Committee also welcomes submissions from relevant United Nations missions involved in the administration of foreign territories on the situation of women’s rights in territories under administration insofar as they pertain to conflict prevention, conflict and post-conflict settings.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion","A. Monitoring and reporting"]},{"id":"cedaw-c-gc-30-0086","docId":"cedaw-c-gc-30","idx":86,"n":86,"text":"Pursuant to article 22 of the Convention, the Committee invites specialized agencies to submit reports on the implementation of the Convention in conflict prevention, conflict and post-conflict settings.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion","A. Monitoring and reporting"],"citedArticles":[{"treaty":"CEDAW","article":"22","source":"regex"}]},{"id":"cedaw-c-gc-30-0087","docId":"cedaw-c-gc-30","idx":87,"n":87,"text":"87. States parties are encouraged to ratify all international instruments relevant to the protection of women’s rights in conflict prevention, conflict and post-conflict, including:","labels":["Refugees & asylum-seekers","Women/girls","Children","Non-citizens and stateless","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2013,"section":["V. Conclusion","B. Treaty ratification or accession"]},{"id":"cedaw-c-gc-32-0001","docId":"cedaw-c-gc-32","idx":1,"n":1,"text":"1. Through the present general recommendation, the Committee on the Elimination of Discrimination against Women aims to provide authoritative guidance to States parties on legislative, policy and other appropriate measures to ensure the implementation of their obligations under the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol thereto regarding non-discrimination and gender equality relating to refugee status, asylum, nationality and statelessness of women.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["I. Introduction"]},{"id":"cedaw-c-gc-32-0002","docId":"cedaw-c-gc-32","idx":2,"n":2,"text":"2. The Convention is a dynamic instrument that contributes and adapts itself to the development of international law. The present general recommendation builds on the Committee’s earlier general recommendations, including No. 19 on violence against women, No. 26 on women migrant workers, No. 28 on the core obligations of States parties under article 2 of the Convention and No. 30 on women in conflict prevention, conflict and post-conflict situations, as well as on reports of States parties under the Convention and the Committee’s concluding observations thereon. It also builds on the Committee’s consideration of individual communications and its conduct of inquiries under the Optional Protocol.","labels":["Migrants","Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"article":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"'No. 28 on the core obligations of States parties under article 2 of the Convention' — CEDAW art.2 (general obligations). 'the Optional Protocol' (CEDAW-OP) is mentioned only as a procedural instrument for inquiries."}]},{"id":"cedaw-c-gc-32-0003","docId":"cedaw-c-gc-32","idx":3,"n":3,"text":"3. In section III, the Committee seeks to ensure that gender equality and non-discrimination obligations are upheld by States parties to the Convention in respect of women asylum seekers and refugees throughout the displacement cycle, with a focus on asylum processes. In section IV, the Committee seeks to ensure that gender equality and non-discrimination principles are upheld by States parties in relation to women’s right to nationality, including the right to acquire, change or retain their nationality and to confer their nationality on their children and spouses.","labels":["Refugees & asylum-seekers","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["I. Introduction"]},{"id":"cedaw-c-gc-32-0004","docId":"cedaw-c-gc-32","idx":4,"n":4,"text":"4. The scope and purpose of the present general recommendation must be determined in the context of the overall scope and purpose of the Convention, which is to eliminate all forms of discrimination against women in the recognition, enjoyment or exercise of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, irrespective of their marital status. Within this overall scope, the objective of the present general recommendation is to guide States parties on how to address all aspects of their obligations under the Convention and assume their obligations to respect, protect and fulfil the rights of refugee, asylum-seeking and stateless women to nondiscrimination and substantive equality, in times of peace, in situations of international and non-international armed conflict and in situations of occupation.","labels":["Women/girls","Non-citizens and stateless","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-32-0005","docId":"cedaw-c-gc-32","idx":5,"n":5,"text":"5. The Convention, as a gender-specific human rights instrument, covers other rights that are not explicitly mentioned therein, but that have an impact on the achievement of equality of women and men.[[fn:1]] As such, the Convention provides a gender-sensitive interpretation of human rights law and protects women from sex- and gender-based discrimination with regard to all the human rights contained in the Universal Declaration of Human Rights and other human rights instruments.[[fn:2]] Such application of the Convention was elaborated by the Committee in relation to the prohibition of violence against women as a form of discrimination against women in its general recommendation No. 19, in which it enumerated some of those protected rights, including the right to life and the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The present general recommendation specifically addresses the application of the Convention to the right to asylum contained in article 14 of the Universal Declaration of Human Rights, the principle of non-refoulement of refugees and asylum seekers in accordance with existing obligations under international refugee and human rights instruments and the right to nationality contained in article 9 of the Convention and the protection against statelessness.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":1,"text":"General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention, para. 7."},{"n":2,"text":"General recommendation No. 28, para. 3, and general recommendation No. 25 on article 4, paragraph 1, of the Convention, on temporary special measures, para. 13."}],"section":["II. Scope of the general recommendation"],"citedArticles":[{"article":"14","treaty":"?","confidence":"high","source":"opus","rationale":"Text states 'right to asylum contained in article 14 of the Universal Declaration of Human Rights' - UDHR, not an in-scope treaty."},{"article":"9","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text states 'right to nationality contained in article 9 of the Convention'; in CEDAW GC the Convention = CEDAW (home_treaty); CEDAW art. 9 governs nationality."}]},{"id":"cedaw-c-gc-32-0006","docId":"cedaw-c-gc-32","idx":6,"n":6,"text":"6. The Committee has, in previous general recommendations, clarified that articles 1, 2 (f) and 5 (a) of the Convention read together indicate that the Convention covers sex- and gender-based discrimination against women. The Committee has explained that application of the Convention to gender-based discrimination falls under the definition of discrimination contained in article 1, which points out that any distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of human rights and fundamental freedoms is discrimination. Discrimination against women based on sex and/or gender is often inextricably linked with and compounded by other factors that affect women, such as race, ethnicity, religion or belief, health, age, class, caste, being lesbian, bisexual or transgender and other status.[[fn:3]] Discrimination on the basis of sex or gender may affect women belonging to such groups to a different degree or in different ways to men. States parties must legally recognize such intersecting forms of discrimination and their compounded negative impact on the women concerned and prohibit them.","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":3,"text":"General recommendation No. 28, paras. 5 and 18."}],"section":["II. Scope of the general recommendation"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0007","docId":"cedaw-c-gc-32","idx":7,"n":7,"text":"7. The Committee notes that the experiences of women during displacement, from asylum to integration, return or settlement in a third country, in addition to those of stateless women, are shaped by the action or inaction of various actors. States parties bear the primary responsibility for ensuring that asylum-seeking women, refugee women, women nationality applicants and stateless women within their territory or under their effective control or jurisdiction, even if not situated within their territory, are not exposed to violations of their rights under the Convention, including when such violations are committed by private persons and non-State actors.[[fn:4]]","labels":["Refugees & asylum-seekers","Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":4,"text":"General recommendation No. 28, and general recommendation No. 30 on women in conflict prevention, conflict and post-conflict situations."}],"section":["II. Scope of the general recommendation"]},{"id":"cedaw-c-gc-32-0008","docId":"cedaw-c-gc-32","idx":8,"n":8,"text":"8. In the context of asylum, refugee status, nationality and statelessness, the obligation to respect requires that States parties refrain from engaging in any act of discrimination against women that directly or indirectly results in the denial of the equal enjoyment of their rights with men and ensure that State authorities, officials, agents, institutions and other actors acting on behalf of the State act in conformity with that obligation.[[fn:5]] States parties also have a due-diligence obligation to take the legislative and other measures necessary to prevent and investigate acts of discrimination against women that are perpetrated by non-State actors, to prosecute and adequately punish perpetrators of such acts and to provide reparations to women who are victims of discrimination. The obligation to protect requires States parties to, among other things, take all appropriate measures to ensure that State and private actors do not unlawfully infringe on the rights of women. The obligation to fulfil encompasses the obligation of States parties to facilitate access to and provide for the full realization of women’s rights. It also requires States parties to promote de facto or substantive equality with men through all appropriate means, including through specific and effective policies and programmes aimed at improving the position of women and achieving such equality, including, where appropriate, through the adoption of temporary special measures in accordance with article 4 (1) of the Convention and general recommendation No. 25.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":5,"text":"General recommendation No. 28, para. 9."}],"section":["II. Scope of the general recommendation"],"citedArticles":[{"treaty":"CEDAW","article":"4","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0009","docId":"cedaw-c-gc-32","idx":9,"n":9,"text":"9. The Convention is part of a comprehensive international human rights legal framework that operates simultaneously with international refugee law and the laws relating to the status of stateless persons and the reduction of statelessness. There is an important overlapping interrelationship between international human rights law, including the Convention, the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto, and the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. The shared objective of the two protection regimes should ensure the complementary and cumulative protection of refugees, asylum seekers and stateless persons.","labels":["Refugees & asylum-seekers","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["III. Relationship between the Convention, international human rights law and international refugee law"]},{"id":"cedaw-c-gc-32-0010","docId":"cedaw-c-gc-32","idx":10,"n":10,"text":"10. The provisions of the Convention reinforce and complement the international legal protection regime for refugees and stateless women and girls, especially because explicit gender equality provisions are absent from relevant international agreements, notably the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto, the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.[[fn:6]]","labels":["Refugees & asylum-seekers","Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":6,"text":"See UNHCR, “Guidelines on statelessness No. 4: ensuring every child’s right to acquire a nationality through articles 1-4 of the 1961 Convention on the Reduction of Statelessness” (HCR/GS/12/04), paras. 13-15. Available from www.refworld.org/docid/50d460c72.html."}],"section":["III. Relationship between the Convention, international human rights law and international refugee law"]},{"id":"cedaw-c-gc-32-0011","docId":"cedaw-c-gc-32","idx":11,"n":11,"text":"11. Given that the Convention applies at every stage of the displacement cycle, it serves to prohibit sex- and gender-based discrimination at every stage: during the refugee status determination procedure, throughout the return or resettlement process and throughout the integration process for women who have been granted asylum. It also applies to processes of statelessness determination and to processes relating to women acquiring, retaining or changing their nationality or conferring their nationality on their children and spouses.","labels":["Refugees & asylum-seekers","Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["III. Relationship between the Convention, international human rights law and international refugee law"]},{"id":"cedaw-c-gc-32-0012","docId":"cedaw-c-gc-32","idx":12,"n":12,"text":"12. While noting that the definition of a refugee under the 1951 Convention relating to the Status of Refugees provides criteria for the determination of refugee status in relation to persons who are explicitly covered under the Convention, the Committee notes that the present general recommendation covers all women in need of international protection under the Convention and seeks to apply the protection of the Convention to all women in the context of refugee status and asylum. However, the criteria provided by the definition of the word “refugee” in the 1951 Convention are important for the identification of women in need of international protection. At the same time, the Committee notes that regional refugee instruments and national laws have accepted and also expanded upon the definition given in the 1951 Convention to cover a range of persons in need of international protection for reasons of, variously, international or internal/non-international armed conflict and occupation, events seriously disturbing public order, serious human rights violations or generalized violence.[[fn:7]]","labels":["Refugees & asylum-seekers","Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":7,"text":"See Organization of African Unity Convention governing the specific aspects of refugee problems in Africa of 1969, article I (2), which states: “The term ‘refugee’ shall also apply to every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part of the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality”. The Cartagena Declaration on Refugees, adopted by the Colloquium on the International Protection of Refugees in Central America, Mexico and Panama, held in Cartagena de Indias, Colombia, from 19 to 22 November 1984, states in section III (3) that “the definition or concept of a refugee to be recommended for use in the region is one which, in addition to containing the elements of the 1951 Convention and the 1967 Protocol, includes among refugees persons who have fled their country because their lives, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order”. In addition, directive 2011/95/EU of the European Parliament and of the Council of the European Union of 13 December 2011 pertains to standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","A. General comments"]},{"id":"cedaw-c-gc-32-0013","docId":"cedaw-c-gc-32","idx":13,"n":13,"text":"13. The Committee notes that asylum seekers seek international protection on the basis that they cannot return to their country of origin because they have a well-founded fear of persecution or are at risk of being ill-treated or subjected to other serious harm. It also notes that under article 1A(2) of the 1951 Convention relating to the Status of Refugees the reasons for persecution must be linked to one of the five grounds listed therein: race, religion, nationality, membership of a particular social group or political opinion. Gender-related persecution is absent from the text. The present general recommendation is intended to ensure that States parties apply a gender perspective when interpreting all five grounds, use gender as a factor in recognizing membership of a particular social group for purposes of granting refugee status under the 1951 Convention and further introduce other grounds of persecution, namely sex and/or gender, into national legislation and policies relating to refugees and asylum seekers. It should be noted that, in other international, national and regional contexts, asylum is also provided to persons who cannot be returned to their countries of origin owing to, among other things, threats to their lives or torture or inhuman or degrading treatment. Those forms of complementary protection are also covered herein.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","A. General comments"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 1A(2) of the 1951 Convention relating to the Status of Refugees' - not in scope."}]},{"id":"cedaw-c-gc-32-0014","docId":"cedaw-c-gc-32","idx":14,"n":14,"text":"14. There are many reasons why women are compelled to leave their homes and seek asylum in other countries. In addition to aggravated or cumulative forms of discrimination against women amounting to persecution, women experience violations of their rights throughout the displacement cycle. The Committee recognizes that displacement arising from armed conflict, gender-related persecution and other serious human rights violations that affect women compounds existing challenges to the elimination of discrimination against women. It also recognizes the persistence of other forms of exploitation concomitant with displacement, such as trafficking for purposes of sexual or labour exploitation, slavery and servitude. The Committee therefore reiterates the obligation of States parties to treat women with dignity and to respect, protect and fulfil their rights under the Convention at each stage of the displacement[[fn:8]] cycle, as well as in the enjoyment of durable solutions, including integration and/or resettlement in receiving States and/or voluntary repatriation to their State of origin.","labels":["Refugees & asylum-seekers","Women/girls","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":8,"text":"The word “displacement” in the present general recommendation refers to those persons who have fled and crossed their country’s borders."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","A. General comments"]},{"id":"cedaw-c-gc-32-0015","docId":"cedaw-c-gc-32","idx":15,"n":15,"text":"15. Gender-related forms of persecution are forms of persecution that are directed against a woman because she is a woman or that affect women disproportionately.[[fn:9]] The Committee observes that understanding the way in which women’s rights are violated is critical to the identification of those forms of persecution. The Committee notes that violence against women that is a prohibited form of discrimination against women is one of the major forms of persecution experienced by women in the context of refugee status and asylum. Such violence, just as other gender-related forms of persecution, may breach specific provisions of the Convention. Such forms are recognized as legitimate grounds for international protection in law and in practice.[[fn:10]] They may include the threat of female genital mutilation, forced/early marriage, threat of violence and/or so-called “honour crimes”, trafficking in women,[[fn:11]] acid attacks, rape and other forms of sexual assault, serious forms of domestic violence, the imposition of the death penalty or other physical punishments existing in discriminatory justice systems, forced sterilization,[[fn:12]] political or religious persecution for holding feminist or other views and the persecutory consequences of failing to conform to gender-prescribed social norms and mores or for claiming their rights under the Convention.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":9,"text":"See the definition of gender-based violence in paragraph 6 of general recommendation No. 19 on violence against women. See also UNHCR, “Guidelines on international protection: gender-related persecution within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees”, guideline No. 1 (HCR/GIP/02/01), paras. 3, 9, 16 and 17."},{"n":10,"text":"Convention on the Elimination of All Forms of Discrimination against Women, art. 2, and general recommendation No. 28, para. 9."},{"n":11,"text":"On trafficking as a basis for refugee status, see UNHCR, “Guidelines on international protection: the application of article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees to victims of trafficking and persons at risk of being trafficked”, guideline No. 7 (HCR/GIP/06/07)."},{"n":12,"text":"General recommendation No. 19, para. 22; general recommendation No. 21 on equality in marriage and family relations, para. 22; and communication No. 4/2004, A.S. v. Hungary, views adopted by the Committee on 14 August 2006."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","A. General comments"]},{"id":"cedaw-c-gc-32-0016","docId":"cedaw-c-gc-32","idx":16,"n":16,"text":"16. Gender-related claims to asylum may intersect with other proscribed grounds of discrimination, including age, race, ethnicity/nationality, religion, health, class, caste, being lesbian, bisexual or transgender and other status.[[fn:13]] The Committee is concerned that many asylum systems continue to treat the claims of women through the lens of male experiences, which can result in their claims to refugee status not being properly assessed or being rejected. Even though gender is not specifically referenced in the definition of a refugee given in the 1951 Convention relating to the Status of Refugees, it can influence or dictate the type of persecution or harm suffered by women and the reasons for such treatment. The definition in the 1951 Convention, properly interpreted, covers gender-related claims to refugee status.[[fn:14]] It must be emphasized that asylum procedures that do not take into account the special situation or needs of women can impede a comprehensive determination of their claims. For example, asylum authorities may interview only the male “head of household”, may not provide same-sex interviewers and interpreters to allow women to present their claims in a safe and gender-sensitive environment or may interview women asylum seekers in the presence of their husbands or male family members who may in fact be the source or sources of their complaints.","labels":["Refugees & asylum-seekers","Women/girls","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":13,"text":"See footnote 3 above; communication No. 19/2008, Cecilia Kell v. Canada, views adopted by the Committee on 28 February 2012, para. 10.2."},{"n":14,"text":"UNHCR, “Guidelines on international protection: gender-related persecution”, para. 6 (see footnote 9 above)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","A. General comments"]},{"id":"cedaw-c-gc-32-0017","docId":"cedaw-c-gc-32","idx":17,"n":17,"text":"17. The principle of non-refoulement of refugees is the cornerstone of refugee protection and is a norm of customary international law. Since its formal codification in the 1951 Convention relating to the Status of Refugees, it has been developing and has been integrated into international human rights instruments, namely the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (art. 3) and the International Covenant on Civil and Political Rights (art. 7). In addition, the prohibition of refoulement to a risk of cruel, inhuman or degrading treatment or punishment is codified in a number of regional human rights treaties and international non-binding documents.[[fn:15]]","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":15,"text":"See, for example, the 2000 Charter of Fundamental Rights of the European Union, art. 19 (2); the 1966 Principles concerning Treatment of Refugees, adopted by the Asian-African Legal Consultative Committee (art. III (3)); the Declaration on Territorial Asylum, adopted by the General Assembly by its resolution 2132 (XXII) (art. 3); the 1969 Organization of African Unity Convention governing the specific aspects of refugee problems in Africa (art. II (3)); the 1969 American Convention on Human Rights (art. 22 (8)); and the 1984 Cartagena Declaration on Refugees (para. 5). In addition, non-refoulement provisions modelled on article 33 (1) of the 1951 Convention relating to the Status of Refugees have also been incorporated into extradition treaties and a number of anti-terrorism conventions at the universal and regional levels."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"],"citedArticles":[{"article":"3","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (art. 3)', clearly attributing art. 3 to CAT (the non-refoulement provision)."},{"article":"7","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'the International Covenant on Civil and Political Rights (art. 7)', clearly attributing art. 7 to ICCPR (prohibition of torture/CIDT)."}]},{"id":"cedaw-c-gc-32-0018","docId":"cedaw-c-gc-32","idx":18,"n":18,"text":"18. Bearing in mind that the vast majority of States have become parties to international instruments prohibiting the refoulement of asylum seekers and refugees, in addition to State practice and, among others, the practice whereby nonsignatory States to the 1951 Convention relating to the Status of Refugees host large numbers of refugees, often in mass-influx situations, the prohibition of refoulement of refugees, as enshrined in article 33 of the Convention and complemented by nonrefoulement obligations under international human rights law,[[fn:16]] constitutes a rule of customary international law.[[fn:17]]","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":16,"text":"UNHCR, Declaration of States parties to the 1951 Convention and or its 1967 Protocol relating to the Status of Refugees, adopted on 13 December 2001 (HCR/MMSP/2001/09)."},{"n":17,"text":"UNHCR, “Advisory opinion on the extraterritorial application of non-refoulement obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol” (2007), para. 15."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"],"citedArticles":[{"article":"33","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 33 of the Convention' where the Convention in this paragraph is the 1951 Refugee Convention (context_before names it); non-refoulement provision is art. 33 of that Convention."}]},{"id":"cedaw-c-gc-32-0019","docId":"cedaw-c-gc-32","idx":19,"n":19,"text":"19. Article 3 of the Convention against Torture prohibits removal of a person to a country where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. The Committee against Torture, in its general comment No. 2, has explicitly situated gender-based violence and abuse within the scope of the Convention against Torture.[[fn:18]] Articles 6 and 7 of the International Covenant on Civil and Political Rights also encompass the obligation on States not to extradite, deport, expel or otherwise remove a person from their territory where there are substantial grounds for believing that there is a real risk of irreparable harm in the country to which the person will, or may subsequently, be removed. The Human Rights Committee has further noted that the absolute prohibition of torture that is part of customary international law includes, as an essential corollary component, the prohibition of refoulement to a risk of torture, which entails the prohibition of any return of an individual where he or she would be exposed to a risk of torture, ill-treatment or arbitrary deprivation of life.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":18,"text":"See also communication No. 35/2011, M.E.N. v. Denmark, inadmissibility decision adopted by the Committee on 26 July 2013, para. 8.8."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"],"citedArticles":[{"article":"3","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Article 3 of the Convention against Torture prohibits removal of a person…' — CAT art. 3 (non-refoulement). Regex defaulted to CEDAW."},{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Articles 6 and 7 of the International Covenant on Civil and Political Rights also encompass the obligation on States not to extradite…' — ICCPR art. 6 (right to life / non-refoulement corollary). Regex defaulted to CEDAW."},{"article":"7","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Same sentence as above: ICCPR art. 7 (prohibition of torture / non-refoulement)."}]},{"id":"cedaw-c-gc-32-0020","docId":"cedaw-c-gc-32","idx":20,"n":20,"text":"20. According to those human rights provisions, no asylum seeker or refugee is to be expelled or returned (refoulé) in any manner whatsoever to the frontiers of territories where his or her life or freedom or the right to be free from torture or other cruel, inhuman or degrading treatment or punishment would be threatened.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"]},{"id":"cedaw-c-gc-32-0021","docId":"cedaw-c-gc-32","idx":21,"n":21,"text":"21. The Committee notes that the Convention, as an instrument to prevent discrimination against women, contains no explicit provision on non-refoulement. In the framework of its work on individual communications under the Optional Protocol, the Committee has had to address States parties’ objections to the effect that the Committee has no competence to deal with cases submitted on behalf of asylum seekers whose applications have been rejected at the national level but who claim that they would be exposed to the risk of sexual and/or gender-based violence and persecution if forcibly returned to their country of origin. In reply, the Committee has noted,[[fn:19]] among other things, that, under international human rights law, the non-refoulement principle imposes a duty on States to refrain from returning a person to a jurisdiction in which he or she may face serious violations of human rights, notably arbitrary deprivation of life or torture or other cruel, inhuman or degrading treatment or punishment. In addition, the Committee recalls that civil and political rights and freedoms, including the right to life and the right not to be subjected to torture or ill-treatment, are implicitly covered by the Convention, and thus States parties are under the obligation not to extradite, deport, expel or otherwise remove a person from their territory to the territory of another State where there are substantial grounds for believing that there is a real risk of irreparable harm.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":19,"text":"See, for example, communication No. 33/2011, M.N.N. v. Denmark, inadmissibility decision adopted by the Committee on 15 July 2013, paras. 8.5 ff."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"]},{"id":"cedaw-c-gc-32-0022","docId":"cedaw-c-gc-32","idx":22,"n":22,"text":"22. The Committee further considers that, under article 2 (d) of the Convention, States parties undertake to refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions act in conformity with that obligation. That duty encompasses the obligation of States parties to protect women from being exposed to a real, personal and foreseeable risk of serious forms of discrimination against women, including gender-based violence, irrespective of whether such consequences would take place outside the territorial boundaries of the sending State party: if a State party takes a decision relating to a person within its jurisdiction, and the necessary and foreseeable consequence is that the person’s basic rights under the Convention will be seriously at risk in another jurisdiction, the State party itself may be in violation of the Convention. The foreseeability of the consequence would mean that there was a present violation by the State party, even though the consequence would not occur until later.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0023","docId":"cedaw-c-gc-32","idx":23,"n":23,"text":"23. The Committee is therefore of the view that States parties have an obligation to ensure that no woman will be expelled or returned to another State where her life, physical integrity, liberty and security of person would be threatened, or where she would risk suffering serious forms of discrimination, including serious forms of gender-based persecution or gender-based violence. What amounts to serious forms of discrimination against women, including gender-based violence, will depend on the circumstances of each case.[[fn:20]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":20,"text":"See ibid., para. 8.9."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","B. Principle of non-refoulement"]},{"id":"cedaw-c-gc-32-0024","docId":"cedaw-c-gc-32","idx":24,"n":24,"text":"24. Articles 1-3, 5 (a) and 15 establish an obligation on States parties to ensure that women are not discriminated against during the entire asylum process, beginning from the moment of arrival at the borders. Women asylum seekers are entitled to have their rights under the Convention respected; they are entitled to be treated in a non-discriminatory manner and with respect and dignity at all times during the asylum procedure and thereafter, including through the process of finding durable solutions once asylum status has been recognized by the receiving State. The receiving State has a responsibility towards women granted asylum status when it comes to helping them to, among other things, find proper accommodation, training and/or job opportunities, providing legal, medical, psychosocial support for victims of trauma and offering language classes and other measures facilitating their integration. In addition, women asylum seekers whose asylum applications are denied should be granted dignified and non-discriminatory return processes.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0025","docId":"cedaw-c-gc-32","idx":25,"n":25,"text":"25. Article 2 (c) of the Convention requires that State asylum procedures allow women’s claims to asylum to be presented and assessed on the basis of equality in a fair, impartial and timely manner. A gender-sensitive approach should be applied at every stage of the asylum process. This means that women’s claims to asylum should be determined by an asylum system that is informed, in all aspects of its policy and operations, by a thorough understanding of the particular forms of discrimination or persecution and human rights abuses that women experience on grounds of gender or sex. Owing to shame, stigma or trauma, some women may be reluctant to disclose or identify the true extent of the persecution that they have suffered or fear. Account needs to be taken of the fact that they may continue to fear persons in authority or rejection and/or reprisals from their family and/or community. In any event, they should be entitled to appeal against first-instance asylum decisions.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0026","docId":"cedaw-c-gc-32","idx":26,"n":26,"text":"26. In addition, articles 2, 15 (1) and 16 require States parties to recognize that women may present independent claims to asylum. In this respect, their claims may also be based on fears relating to their children. For example, claims to refugee status may arise from a fear that their daughters will suffer female genital mutilation, be forced into marriage or be subjected to severe community ostracism and exclusion for being girls.[[fn:21]] The child’s protection claim should also be considered on its own merits in a child-sensitive manner in the best interests of the child.[[fn:22]] Once the principal claimant is recognized as a refugee, other members of the family should normally also be recognized as refugees (“derivative status”).","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":21,"text":"UNHCR, “Guidance note on refugee claims relating to female genital mutilation” (Geneva, 2009), para. 12."},{"n":22,"text":"For more on child asylum claims, see UNHCR, “Guidelines on international protection: child asylum claims under articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees”, guideline No. 8 (2009) (HCR/GIP/09/08); Committee on the Rights of the Child, general comment No. 6 on treatment of unaccompanied and separated children outside their country of origin; and general comment No. 14 on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","paragraph":"1","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-32-0027","docId":"cedaw-c-gc-32","idx":27,"n":27,"text":"27. Harm perpetrated against women and girls is often at the hands of non-State actors, including family members, neighbours or society more generally. In such cases, article 2 (e) of the Convention requires that States parties assume their due diligence obligation and ensure that women are effectively protected from harm that may be inflicted by non-State actors.[[fn:23]] It does not suffice to strive for vertical gender equality of the individual woman vis-à-vis public authorities; States must also work to secure non-discrimination at the horizontal level, even within the family. Harm perpetrated by non-State actors is persecution where the State is unable or unwilling to prevent such harm or protect the claimant because of discriminatory governmental policies or practices.[[fn:24]]","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":23,"text":"General recommendation No. 19, paras. 9 and 10."},{"n":24,"text":"UNHCR, “Guidelines on international protection: gender-related persecution”, para. 19 (see footnote 9 above)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0028","docId":"cedaw-c-gc-32","idx":28,"n":28,"text":"28. The Committee is aware that, in cases in which persecution is perpetrated by non-State actors, receiving States have advanced the option of internal flight alternative, according to which a person is not at risk of persecution by non-State actors if he or she is relocated to a safe place within the State of origin. The Committee recalls that articles 2 (d) and (e) of the Convention require that States parties ensure that women are protected against discrimination generated by nonState actors and, in the context of a refugee woman, it observes that the essence of refugee status is to provide effective protection to the refugee woman. It also notes that, should the internal flight alternative be considered by receiving States, the option should be subject to strict requirements, such as the woman’s ability to travel to the area concerned and gain admittance and settle there.[[fn:25]] States should also take into account gender-related aspects and risks in the assessment as to whether internal relocation is permissible.[[fn:26]] Difficulties faced by women in relocating to other parts of their countries of origin can include legal, cultural and/or social restrictions or prohibitions on women travelling or living alone, practical realities such as problems of securing accommodation, childcare and economic survival without family or community support, and risk of harassment and exploitation, including sexual exploitation and violence.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":25,"text":"Salah Sheekh v. the Netherlands, application No. 1948/04, judgement of 11 January 2007 of the European Court of Human Rights, cited in Case of Sufi and Elmi v. the United Kingdom, applications Nos. 8319/07 and 11449/07, judgement of 28 June 2011 of the European Court of Human Rights, para. 266."},{"n":26,"text":"UNHCR, “Guidelines on international protection: ‘internal flight or relocation alternative’ within the context of article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees”, guideline No. 4 (HCR/GIP/03/04); UNHCR, “Guidance note on refugee claims relating to female genital mutilation”, paras. 28-32 (see footnote 21 above)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0029","docId":"cedaw-c-gc-32","idx":29,"n":29,"text":"29. The Committee acknowledges that, as a matter of international law, the authorities of the country of origin are primarily responsible for providing protection to the citizens, including ensuring that women enjoy their rights under the Convention, and that it is only when such protection is not available that international protection is invoked to protect the basic human rights that are seriously at risk. However, the Committee notes that the fact that a woman asylum seeker has not sought the protection of the State or made a complaint to the authorities before her departure from her country of origin should not prejudice her asylum claim, especially where violence against women is tolerated or there is a pattern of failure in responding to women’s complaints of abuse. It would not be realistic to require her to have sought protection in advance of her flight. She may also lack confidence in the justice system and access to justice or fear abuse, harassment or retaliation for making such complaints.[[fn:27]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":27,"text":"Communication No. 5/2005, Şahide Goekce (deceased) v. Austria, views adopted by the Committee on 6 August 2007; communication No. 6/2005, Fatma Yildirim (deceased) v. Austria, views adopted by the Committee on 6 August 2007."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"]},{"id":"cedaw-c-gc-32-0030","docId":"cedaw-c-gc-32","idx":30,"n":30,"text":"30. In line with the Convention, States parties are required to take proactive measures to ensure that the legally recognized grounds of persecution, including those enumerated in the 1951 Convention relating to the Status of Refugees (race, religion, nationality, membership of a particular social group and political opinion), are given a gender-sensitive interpretation. In addition, gender may be used as a factor in recognizing membership of a particular social group or indeed as an identifying characteristic of such a group for purposes of granting refugee status under the 1951 Convention. States parties are also encouraged to add sex and or gender as an additional ground for refugee status in their national legislation.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"]},{"id":"cedaw-c-gc-32-0031","docId":"cedaw-c-gc-32","idx":31,"n":31,"text":"31. The Committee notes that women’s claims to asylum are regularly classified under the “social group” ground in the definition of a refugee, which may reinforce the stereotyped notions of women as dependent victims. Article 5 of the Convention requires States parties to assess women’s claims to asylum without prejudices and stereotyped notions of women that are based on the inferiority or superiority of either sex. Gender stereotyping affects the right of women to a fair and just asylum process and the asylum authorities must take precautions not to create standards that are based on preconceived notions of gender-based violence and persecution.[[fn:28]] In addition, women are active agents who play important roles as political leaders, members of Governments or opposition groups, journalists, human rights defenders and activists, lawyers and judges, among others. They are targeted on account of their political opinions and/or activities, including the expression of women’s rights. Accordingly, article 7 of the Convention requires States parties to take action to realize equality for women in political and public life. It may therefore be appropriate that women bring claims to asylum on gender-related persecution grounds or political, religious, racial and ethnic grounds, including in situations in which they were compelled to flee their country of origin owing to external aggression, occupation, foreign domination or serious civil strife.[[fn:29]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":28,"text":"Communication No. 18/2008, Karen Tayag Vertido v. Philippines, views adopted by the Committee on 16 July 2010, paras. 8.4 and 8.9 (iv); communication No. 20/2008, V.K. v. Bulgaria, views adopted by the Committee on 25 July 2011."},{"n":29,"text":"General recommendation No. 28, paras. 10 and 11."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-32-0032","docId":"cedaw-c-gc-32","idx":32,"n":32,"text":"32. Consistent with articles 2 (c) and 15 (1) of the Convention, States parties must take steps to eliminate discrimination against women in the public and private spheres and should confirm women’s equality with men before the law. To this end, States should take positive measures to ensure that women are not discriminated against and that they are provided with effective legal protection throughout the asylum process, including by providing legal aid, legal representation and assistance, as necessary.[[fn:30]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":30,"text":"Ibid., para. 34; see also 1951 Convention relating to the Status of Refugees, arts. 16 and 25."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0033","docId":"cedaw-c-gc-32","idx":33,"n":33,"text":"33. Articles 3 and 10 to 13 of the Convention entail that women seeking asylum and women refugees be granted, without discrimination, the right to accommodation, education, health care and other support, including food, clothing and necessary social services, appropriate to their particular needs as women. In addition, women refugees should be offered sources of livelihood and employment opportunities.[[fn:31]] Obligations include providing information on their rights and practical information on how to gain access to such services in a language that they understand. Given the high levels of illiteracy among women in some societies, special assistance may be required.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":31,"text":"Universal Declaration of Human Rights, art. 25; see also the 1951 Convention relating to the Status of Refugees, arts. 13 and 17-23."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-32-0034","docId":"cedaw-c-gc-32","idx":34,"n":34,"text":"34. Gender sensitivity should be reflected in reception arrangements, taking into account the specific needs of victims of sexual abuse and exploitation, of trauma and torture or ill-treatment and of other particularly vulnerable groups of women and girls.[[fn:32]] Reception arrangements should also allow for the unity of the family as present within the territory, in particular in the context of reception centres.[[fn:33]] As a general rule, pregnant women and nursing mothers, who both have special needs, should not be detained.[[fn:34]] Where detention of women asylum seekers is unavoidable, separate facilities and materials are required to meet the specific hygiene needs of women. The use of female guards and warders should be promoted. All staff assigned to work with women detainees should receive training relating to the gender-specific needs and human rights of women.[[fn:35]] Pursuant to articles 1, 2, 5 (a) and 12 of the Convention, failure to address the specific needs of women in immigration detention and ensure the respectful treatment of detained women asylum seekers could constitute discrimination within the meaning of the Convention.[[fn:36]] Not least for the purposes of avoiding violence against women, separate facilities for male and female detainees are required, unless in family units, and alternatives to detention are to be made available.[[fn:37]]","labels":["Refugees & asylum-seekers","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":32,"text":"Executive Committee of the Programme of the United Nations High Commissioner for Refugees, conclusion No. 93 (LIII) on reception of asylum seekers in the context of individual asylum systems, para. (b) (iii)."},{"n":33,"text":"Ibid., para. (b) (iv); Convention on the Elimination of All Forms of Discrimination against Women, art. 16."},{"n":34,"text":"United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) (General Assembly resolution 65/229, annex), rule 42; UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention (Geneva, 2012)."},{"n":35,"text":"The Bangkok Rules, rules 5, 19 and 33 (1); UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention, para. 9.3."},{"n":36,"text":"Communication No. 23/2009, Inga Abramova v. Belarus, views adopted by the Committee on 25 July 2011, paras. 7.5 and 7.7; see also the Bangkok Rules and general recommendation No. 24 on women and health, para. 6."},{"n":37,"text":"International Covenant on Civil and Political Rights, art. 9. The Human Rights Committee has affirmed an obligation to consider less invasive means of achieving the same objective (see communication No. 900/1999, C. v. Australia, views adopted by the Human Rights Committee on 28 October 2002, para. 8.2. See also UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention, para. 9.3."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","C. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"cedaw-c-gc-32-0035","docId":"cedaw-c-gc-32","idx":35,"n":35,"text":"35. States parties should review and remove any reservations to the Convention; consider ratifying the Optional Protocol to the Convention; and consider acceding to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto, as well as to other relevant international and regional instruments. They should remove any reservations to those instruments, adopt an asylum law in line with those instruments and apply those instruments in a complementary manner.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0036","docId":"cedaw-c-gc-32","idx":36,"n":36,"text":"36. States that are parties to regional refugee or asylum instruments should ensure that they respect the rights of women in need of international protection and apply those instruments in a gender-sensitive manner. They should also ensure that women enjoy the benefits of those instruments without discrimination and on the basis of substantive equality.[[fn:39]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":39,"text":"Organization of African Unity Convention governing the specific aspects of refugee problems in Africa of 1969; Cartagena Declaration on Refugees, 1984; and directive 2011/95/EU of the European Parliament and of the Council of the European Union of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0037","docId":"cedaw-c-gc-32","idx":37,"n":37,"text":"37. States parties should adopt legislation and other measures to respect the principle of non-refoulement, in accordance with existing obligations under international law, and take all measures necessary to ensure that victims of serious forms of discrimination, including gender-related forms of persecution, who are in need of protection, regardless of their status or residence, are not returned under any circumstance to any country in which their life would be at risk or where they might be subjected to serious forms of discrimination, including gender-based violence, or to torture or inhuman or degrading treatment or punishment.[[fn:40]]","labels":["Women/girls","Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":40,"text":"See Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, art. 61, and 1951 Convention relating to the Status of Refugees, art. 33."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0038","docId":"cedaw-c-gc-32","idx":38,"n":38,"text":"38. States parties should interpret the definition of a refugee in the 1951 Convention relating to the Status of Refugees in line with obligations of nondiscrimination and equality;[[fn:41]] fully integrate a gender-sensitive approach while interpreting all legally recognized grounds; classify gender-related claims under the ground of membership of a particular social group, where necessary; and consider adding sex and/or gender, as well as the reason of being lesbian, bisexual or transgender, and other status to the list of grounds for refugee status in their national asylum legislation.","labels":["Refugees & asylum-seekers","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":41,"text":"See the UNHCR guidelines on international protection, including “Guidelines on international protection: gender-related persecution within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees”, guideline No. 1 (HCR/GIP/02/01); “Guidelines on international protection: ‘Membership of a particular social group’ within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees”, guideline No. 2 (HRC/GIP/02/02); and “Guidelines on international protection No. 9: claims to refugee status based on sexual orientation and/or gender identity within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees” (HRI/GIP/12/09)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0039","docId":"cedaw-c-gc-32","idx":39,"n":39,"text":"39. States parties should report to the Committee on their national policy and legislation with regard to asylum seekers and refugees and gather, analyse and make available sex-disaggregated statistical data and trends over time on asylum claims, countries of origin, reasons for seeking asylum and recognition rates.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0040","docId":"cedaw-c-gc-32","idx":40,"n":40,"text":"40. States parties should ensure that adequate human and financial resources are made available for the implementation of the Convention in respect of asylum seekers and refugees, including gender-related aspects of that implementation, and seek technical advice and assistance as required.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0041","docId":"cedaw-c-gc-32","idx":41,"n":41,"text":"41. States parties should cooperate with all United Nations agencies, in particular the Office of the United Nations High Commissioner for Refugees (UNHCR), in relation to asylum systems and procedures to give effect to the provisions of the Convention and other instruments for refugees with a view to promoting the rights of women asylum seekers and refugees.[[fn:42]] They should collaborate with civil society and grass-roots non-governmental organizations supporting women asylum seekers and refugees.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":42,"text":"1951 Convention relating to the Status of Refugees, art. 35; 1967 Protocol to the 1951 Convention relating to the Status of Refugees, art. II; Statute of the Office of the United Nations High Commissioner for Refugees (General Assembly resolution 428 (V), annex), para. 8."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0042","docId":"cedaw-c-gc-32","idx":42,"n":42,"text":"42. Asylum procedures of States parties should ensure that women are able to lodge independent asylum applications and be heard separately, even if they are part of a family seeking asylum. States parties should accept that, when the principal claimant is recognized as a refugee, other members of the family should normally also be recognized as refugees (“derivative status”). Just as a child can derive refugee status from the recognition of a parent as a refugee, a parent should be granted derivative status based on the child’s refugee status.[[fn:43]] It is essential that women who are recognized as refugees, whether in their own right or as derivative status holders, be issued with individual documentation in order to prove their status, be protected from refoulement and secure associated rights.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":43,"text":"Executive Committee of the Programme of the United Nations High Commissioner for Refugees, conclusion No. 88 (L) on the protection of the refugee’s family, para. (b) (iii); UNHCR, “Guidelines on international protection: child asylum claims”, para. 9 (see footnote 22 above)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0043","docId":"cedaw-c-gc-32","idx":43,"n":43,"text":"43. States parties should not deem that a woman asylum seeker lacks credibility for the mere reason of lack of documentation to support her asylum claim. Instead, they should take into account that women in many countries do not possess documentation in their respective countries of origin and seek to establish credibility by other means.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0044","docId":"cedaw-c-gc-32","idx":44,"n":44,"text":"44. States parties should ensure that their border police and immigration officials are adequately trained, supervised and monitored for gender-sensitivity and nondiscriminatory practices when dealing with women asylum seekers and refugees. They should ensure that they adopt and implement a gender-sensitive approach of a proper identification system for women asylum seekers and refugees that is not based on prejudices and stereotyped notions of women, including for victims of trafficking and/or sexual exploitation.[[fn:44]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":44,"text":"Communication No. 15/2007, Zhen Zhen Zheng v. the Netherlands, views adopted by the Committee on 27 October 2008, para. 9.1 (a); see also Convention on the Elimination of All Forms of Discrimination against Women, art. 5; and general recommendation No. 25, para. 7."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0045","docId":"cedaw-c-gc-32","idx":45,"n":45,"text":"45. States parties should recognize that trafficking is part and parcel of gender-related persecution, with the result that women and girls who are victims of trafficking or who fear becoming victims should be informed of and effectively enjoy the right of access to asylum procedures without discrimination or any preconditions. States parties are encouraged to classify victims of trafficking under the “social group” ground in the refugee definition in line with the UNHCR “Guidelines on international protection: the application of article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees to victims of trafficking and persons at risk of being trafficked” and are recommended to take measures so that women and girls are not returned to places where they risk being retrafficked.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text references 'article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees' - not in scope."}]},{"id":"cedaw-c-gc-32-0046","docId":"cedaw-c-gc-32","idx":46,"n":46,"text":"46. States parties should establish adequate screening mechanisms for the early identification of women asylum seekers with specific protection and assistance needs, including women with disabilities, unaccompanied girls,[[fn:45]] victims of trauma, victims of trafficking and/or forced prostitution, victims of sexual violence and victims of torture and/or ill-treatment.[[fn:46]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":45,"text":"Committee on the Rights of the Child, general comment No. 6 on treatment of unaccompanied and separated children outside their country of origin, para. 31 (i)."},{"n":46,"text":"Executive Committee of the Programme of the United Nations High Commissioner for Refugees, conclusion No. 93 (LIII) on reception of asylum seekers in the context of individual asylum systems, para. (b) (iii)."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0047","docId":"cedaw-c-gc-32","idx":47,"n":47,"text":"47. States parties should ensure that interviewers and decision makers at all levels have the necessary training, tools and guidance on the adjudication of gender-related asylum claims. In recognition of the relevant provisions of the Convention, States parties should develop policies in line with the present general recommendation and with the UNHCR “Guidelines on international protection: gender-related persecution within the context of article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees”.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text references 'article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees' - not in scope."}]},{"id":"cedaw-c-gc-32-0048","docId":"cedaw-c-gc-32","idx":48,"n":48,"text":"48. States parties should ensure, throughout the asylum procedure and during the integration process for women granted refugee status, an adequate standard of living, including safe accommodation, sanitary and health facilities, food, clothing and necessary social services, in addition to sources of livelihood and employment opportunities for women asylum seekers and refugees, and provide for appropriate monitoring and complaints mechanisms at reception facilities.[[fn:47]]","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":47,"text":"Convention on the Elimination of All Forms of Discrimination against Women, arts. 2 (c) and (f) and 3."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0049","docId":"cedaw-c-gc-32","idx":49,"n":49,"text":"49. States parties should recognize in their legislation that seeking asylum is not an unlawful act and that women asylum seekers should not be penalized (including by means of detention) for their illegal entry or stay if they present themselves to the authorities without delay and show good cause for their illegal entry or stay.[[fn:48]] As a general rule, detention of pregnant women and nursing mothers, who both have special needs, should be avoided, while children should not be detained with their mothers unless doing so is the only means of maintaining family unity and is determined to be in the best interest of the child. Alternatives to detention, including release with or without conditions, should be considered in each individual case and especially when separate facilities for women and/or families are not available.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":48,"text":"1951 Convention relating to the Status of Refugees, art. 31."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0050","docId":"cedaw-c-gc-32","idx":50,"n":50,"text":"States parties should institute gender-sensitive procedural safeguards in asylum procedures to ensure that women asylum seekers are able to present their cases on the basis of equality and non-discrimination. States parties should ensure: (a) That women asylum seekers have the right to an independent claim to asylum and, in this respect, to be interviewed separately, without the presence of male family members, so that they have the opportunity to present their case; (b) That women asylum seekers are provided with information about the status of the determination process and how to gain access to it, in addition to legal advice, in a manner and language that they understand. They should be informed of the right to and, upon request, be provided with, a female interviewer and interpreter; (c) That women asylum seekers have access to competent legal representation in advance of the initial asylum interview. Where necessary, they should be afforded legal assistance free of charge. Unaccompanied and separated girls must in all cases be assigned a qualified legal representative and a guardian to assist them through the asylum procedure and ensure respect for their best interests;[[fn:49]] (d) That interviewers use techniques and procedures that are sensitive to gender, age and other intersectional grounds of discrimination and disadvantage that compound the human rights violations that women refugees and asylum seekers experience; (e) That a supportive interview environment is established so that the claimant can provide her account, including disclosure of sensitive and personal information, especially for survivors of trauma, torture and/or ill-treatment and sexual violence, and that sufficient time is allocated for interviews; (f) That childcare is made available during the interviews so that the claimant does not have to present her claim, involving sensitive information, in front of her children; (g) That, while the woman asylum claimant normally bears the burden of proving her asylum case, the duty to ascertain and evaluate all the relevant facts is shared between the claimant and the examiner. The threshold for accepting asylum applications should be measured not against the probability but against the reasonable likelihood that the claimant has a well-founded fear of persecution or that she would be exposed to persecution on return; (h) That, in some cases, it may be for the examiner to use all the means at his or her disposal to produce the necessary evidence in support of the application, including by seeking and gathering gender-relevant information from reliable governmental and non-governmental sources on human rights in the country of origin; (i) That late disclosure by the claimant during the asylum procedure of sexual violence and other traumatic events does not automatically lead to an adverse judgement on her credibility. Reluctance to identify the true extent of the persecution suffered or feared may stem from feelings of shame, stigma or trauma. Statements regarding the confidential nature of interviews, including that information provided by the woman will not be shared with members of her family without her consent, should be standard practice; (j) That mechanisms for referral to psychosocial counselling and other support services, where necessary, both before and after the asylum interview, are made available; (k) That, should the application be rejected, the decision must be reasoned and the claimant should be able to appeal against it to a competent body; (l) That, in the context of durable solutions, the voluntary return home from exile of refugees and their sustainable reintegration in safety are carried out with dignity and the social and economic security of refugees are secured.[[fn:50]] States who recognized the refugee status of women claimants should ensure that local integration is performed on the basis of equality and non-discrimination and that women are treated with dignity.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":49,"text":"See Committee on the Rights of the Child, general comment No. 6 on treatment of unaccompanied and separated children outside their country of origin, paras. 21, 33, 36 and 39; Executive Committee of the Programme of the United Nations High Commissioner for Refugees, conclusion No. 107 (LVIII) on children at risk, para. (g) (viii)."},{"n":50,"text":"Executive Committee of the Programme of the United Nations High Commissioner for Refugees, conclusion No. 109 (LXI) on protracted refugee situations."}],"section":["IV. Application of non-discrimination and gender equality to international refugee law","D. Specific recommendations of the Committee"]},{"id":"cedaw-c-gc-32-0051","docId":"cedaw-c-gc-32","idx":51,"n":51,"text":"51. The Convention is a significant tool in international efforts to prevent and reduce statelessness because it particularly affects women and girls with regard to nationality rights.[[fn:51]] The Convention requires full protection of women’s equality in nationality matters. Nationality is the legal bond between a person and a State and is critical to ensuring full participation in society. Nationality is also essential to guaranteeing the exercise and enjoyment of other rights, including the right to enter and reside permanently in the territory of a State and to return to that State from abroad. Article 9 of the Convention is therefore essential to the enjoyment of the full range of human rights by women. While human rights are to be enjoyed by everyone, regardless of nationality status, in practice nationality is frequently a prerequisite for the enjoyment of basic human rights. Without nationality, girls and women are subject to compounded discrimination as women and as non-nationals or stateless persons.","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":51,"text":"A stateless person is defined under customary international law and in article 1 (1) of the 1954 Convention relating to the Status of Stateless Persons as someone who is “not considered as a national by any State under the operation of its law”. The International Law Commission has considered the definition in article 1 (1) of the 1954 Convention to form part of customary international law (A/61/10, chap. IV, para. 49). See also UNHCR, Handbook on Protection of Stateless Persons: Under the 1954 Convention relating to the Status of Stateless Persons (Geneva, 2014)."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"}]},{"id":"cedaw-c-gc-32-0052","docId":"cedaw-c-gc-32","idx":52,"n":52,"text":"52. Article 9 (2) of the Convention provides that women are to have the same rights as men to acquire, retain or change their nationality, regardless of marriage and divorce and of what their husbands do with their own nationality. Women are also, according to the Convention, to transmit their nationality to their children under the same conditions as their husbands, whether they are in their own country or abroad.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"],"citedArticles":[{"treaty":"CEDAW","article":"9","paragraph":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0053","docId":"cedaw-c-gc-32","idx":53,"n":53,"text":"53. Without status as nationals or citizens,[[fn:52]] stateless women and girls are often marginalized, deprived of the right to vote or stand for public office and may be denied access to public benefits, a choice of residence and free movement, in addition to access to various rights and benefits flowing from status as a national, including rights to education, health care, property or employment.","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":52,"text":"The terms “nationality” and “citizenship” are used interchangeably."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"]},{"id":"cedaw-c-gc-32-0054","docId":"cedaw-c-gc-32","idx":54,"n":54,"text":"54. Nationality laws may discriminate directly or indirectly against women. Legislative provisions that appear gender neutral may in practice have a disproportionate and negative impact on the enjoyment of the right to nationality by women. Women continue to be more likely than men to seek to change their nationality to that of their foreign spouse upon marriage to a foreigner and are therefore at greater risk of statelessness if there is a gap in nationality legislation that allows or requires them to renounce their nationality without having acquired or received assurances that they will acquire the nationality of the spouse. The prohibition of dual nationality in many nationality laws increases the likelihood of statelessness. In many instances, women are not allowed to transmit their nationality to their foreign husbands. Sex- and gender-based discrimination in nationality laws continues to have a significant and detrimental impact on the enjoyment by women and their children of their human rights. Gender inequality persists in the nationality laws and practices of a significant number of countries and can lead to women becoming stateless. Gender inequality can also render children stateless when their mothers are prevented, on an equal basis with fathers, from transmitting their nationality to their children. In this way, discrimination against women can lead to a cycle of statelessness that can be perpetuated from generation to generation.[[fn:53]]","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":53,"text":"UNHCR, “Guidelines on statelessness No. 4: ensuring every child’s right to acquire a nationality”, paras. 13-15 (see footnote 6 above)."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"]},{"id":"cedaw-c-gc-32-0055","docId":"cedaw-c-gc-32","idx":55,"n":55,"text":"55. Naturalization requirements may also indirectly discriminate against women because they may require the fulfilment of conditions or criteria that may be more difficult to meet for women than for men, such as acquiring proficiency in a host State’s language, which may be more difficult for women, including stateless women, who have suffered prior or current impediment of their right of access to formal education. Other requirements such as economic self-sufficiency or property ownership may also be more difficult for women to meet as individuals. Situations of statelessness following marriage to a foreigner and naturalization requirements, as mentioned in paragraph 54 above, can lead to women being dependent on men economically, socially, culturally and linguistically and, in turn, expose women to an increased risk of exploitation.","labels":["Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"]},{"id":"cedaw-c-gc-32-0056","docId":"cedaw-c-gc-32","idx":56,"n":56,"text":"56. Birth registration is also closely linked to the enjoyment by women and their children of the right to a nationality. Birth registration provides proof of a person’s identity and acquisition of nationality based either on descent (jus sanguinis) or place of birth (jus soli). In practice, indirect discrimination, cultural practices and poverty often make it impossible for mothers, especially unmarried mothers, to register their children on an equal basis as fathers. Failure to register a child’s birth may impair or nullify the child’s effective enjoyment of a range of rights, including the right to nationality, to a name and identity, to equality before the law and to recognition of legal capacity.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"]},{"id":"cedaw-c-gc-32-0057","docId":"cedaw-c-gc-32","idx":57,"n":57,"text":"57. Discriminatory laws or practices may lead to women and their children being unable to gain access to documentation that proves their identity and nationality. In the absence of proof of identity and nationality, a woman and her children may be faced with restrictions on freedom of movement, problems gaining access to diplomatic protection, prolonged detention pending determination of proof of identity and nationality and, ultimately, to a situation in which no State considers them to be nationals and they are rendered stateless.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"]},{"id":"cedaw-c-gc-32-0058","docId":"cedaw-c-gc-32","idx":58,"n":58,"text":"58. Given the critical importance of nationality to the full participation of women in society,[[fn:54]] the significant number and nature of reservations made by some States parties to article 9 of the Convention undermine the object and purpose of the Convention. The rights to nationality and non-discrimination contained in many other international human rights instruments,[[fn:55]] which reinforce the equal right of women to nationality, also raise the question of the validity and legal effect of such reservations. The Committee notes with interest the trend towards the withdrawal or, at least, the narrowing of reservations to article 9 and the related tendency of States parties to introduce formal equality of men and women in nationality laws, thereby reducing the risk of discrimination against women and in particular of statelessness among women and their children.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":54,"text":"See general recommendation No. 21, para. 6."},{"n":55,"text":"Universal Declaration of Human Rights, art. 15; International Covenant on Civil and Political Rights, arts. 2, 3, 24 and 26; Convention on the Rights of the Child, art. 7; International Convention on the Elimination of All Forms of Racial Discrimination, art. 5; Convention on the Rights of Persons with Disabilities, art. 18; and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 29."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","A. General comments"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"9","source":"regex"}]},{"id":"cedaw-c-gc-32-0059","docId":"cedaw-c-gc-32","idx":59,"n":59,"text":"59. Article 9 of the Convention establishes that women enjoy the rights to acquire, change or retain their nationality and to confer their nationality on their children on an equal basis with men. The Committee has interpreted that this right also applies to spouses.[[fn:56]]","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":56,"text":"CEDAW/C/KWT/CO/3-4, para. 37."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","B. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"}]},{"id":"cedaw-c-gc-32-0060","docId":"cedaw-c-gc-32","idx":60,"n":60,"text":"60. Article 9 (1) requires States parties to ensure that neither marriage to a foreigner nor change of nationality by the husband during marriage automatically changes the nationality of the wife, renders her stateless or forces upon her the nationality of the husband. Women can become stateless as a result of discriminatory laws and practices in which, for example, a woman’s nationality is automatically lost upon marriage to a foreigner and she cannot acquire her husband’s nationality on the basis of marriage; if her husband changes his nationality, becomes stateless or dies; or where her marriage ends in divorce.","labels":["Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","B. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"9","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0061","docId":"cedaw-c-gc-32","idx":61,"n":61,"text":"Article 9 (2) of the Convention requires States parties to ensure that women and men have equal rights to confer their nationality to their children. The non-fulfilment by States parties of their obligations under article 9 (2) places children at risk of statelessness. Nationality laws that grant nationality through paternal descent alone infringe article 9 (2) and may render children stateless if: (a) The father is stateless; (b) The laws of the father’s country do not permit him to confer nationality in certain circumstances, such as when the child is born abroad; (c) The father is unknown or not married to the mother at the time of the child’s birth; (d) The father has been unable to fulfil administrative steps to confer his nationality or acquire proof of nationality for his children because, for example, he has died, has been forcibly separated from his family or cannot fulfil onerous documentation or other requirements; (e) The father has been unwilling to fulfil administrative steps to confer his nationality or acquire proof of nationality for his children, for example if he has abandoned the family.","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","B. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"9","paragraph":"2","source":"regex"},{"treaty":"CEDAW","article":"9","paragraph":"2","source":"regex"},{"treaty":"CEDAW","article":"9","paragraph":"2","source":"regex"}]},{"id":"cedaw-c-gc-32-0062","docId":"cedaw-c-gc-32","idx":62,"n":62,"text":"62. Articles 1 to 3 of the Convention also support the right of women to benefit, on an equal basis with men, from naturalization for themselves and their spouses. Discrimination against women in this respect impedes the reduction of statelessness. The same holds true when women are unable to confer their nationality on their stateless spouses. It may also create further risks of statelessness in the case of children born out of such unions.","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","B. Comments on specific articles of the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-32-0063","docId":"cedaw-c-gc-32","idx":63,"n":63,"text":"In the light of the foregoing, the Committee recommends that States parties that have not already done so: (a) Review and withdraw their reservations to article 9 of the Convention because they are incompatible with the object and purpose of the Convention and thus impermissible under article 28 (2);[[fn:57]] (b) Review and reform their nationality laws to ensure equality of women and men with regard to the acquisition, changing and retention of nationality and to enable women to transmit their nationality to their children and to their foreign spouses and to ensure that any obstacles to practical implementation of such laws are removed, in full compliance with articles 1 to 3 and 9 of the Convention; (c) Repeal laws stipulating the automatic acquisition of nationality upon marriage or automatic loss of a woman’s nationality as a result of changes in the marital status or nationality of her husband; (d) Consider permitting dual nationality where women have married foreign men, and for the children born of such unions, especially in situations in which legal regimes providing for dual nationality may lead to statelessness; (e) Prevent statelessness through legislative provisions making the loss or renunciation of nationality contingent on possession or acquisition of another nationality, and allow reacquisition of nationality for women left stateless owing to the absence of such safeguards; (f) Promote awareness of recent legal and policy development granting women equal rights with men to acquire, change or retain their nationality or that enable women to confer their nationality to their children and their foreign spouses; (g) Address indirect discrimination in nationality laws that arise, for example, through naturalization requirements that may be more onerous for women to meet in practice than for men; (h) Ratify or accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness; (i) Refrain from adopting and implementing any measures that deprive women of their nationality and render them stateless; (j) Collaborate with UNHCR in relation to its work on the identification, reduction and prevention of statelessness and protection of stateless persons, in particular stateless women; (k) Collect, analyse and make available sex-disaggregated statistics on stateless persons within their respective territories; (l) Implement effective measures to ensure that women and girls have equal access to identity documentation, including proof of nationality; (m) Take measures to achieve the timely registration of all births and, in this regard, take measures to raise awareness, especially in rural and remote areas of their respective territories, of the importance of registering births to ensure that all children are registered and that girls benefit from the same rights as boys.","labels":["Women/girls","Children","Persons living in rural/remote areas","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2014,"footnotes":[{"n":57,"text":"General recommendations Nos. 4, 20 and 28."}],"section":["V. Application of non-discrimination and gender equality to nationality determination processes and statelessness","C. Specific recommendations"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"28","paragraph":"2","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-33-0001","docId":"cedaw-c-gc-33","idx":1,"n":1,"text":"The right to access to justice for women is essential to the realization of all the rights protected under the Convention on the Elimination of All Forms of Discrimination against Women. It is a fundamental element of the rule of law and good governance, together with the independence, impartiality, integrity and credibility of the judiciary, the fight against impunity and corruption, and the equal participation of women in the judiciary and other law implementation mechanisms. The right to access to justice is multidimensional. It encompasses justiciability, availability, accessibility, good quality, the provision of remedies for victims and the accountability of justice systems. For the purposes of the present general recommendation, all references to “women” should be understood to include women and girls, unless otherwise specifically noted.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0002","docId":"cedaw-c-gc-33","idx":2,"n":2,"text":"In the present general recommendation, the Committee examines the obligations of States parties to ensure that women have access to justice. These obligations encompass the protection of women’s rights against all forms of discrimination with a view to empowering them as individuals and as rights holders. Effective access to justice optimizes the emancipatory and transformative potential of the law.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0003","docId":"cedaw-c-gc-33","idx":3,"n":3,"text":"3. In practice, the Committee has observed a number of obstacles and restrictions that impede women from realizing their right to access to justice on a basis of equality, including a lack of effective jurisdictional protection offered by States parties in relation to all dimensions of access to justice. These obstacles occur in a structural context of discrimination and inequality owing to factors such as gender stereotyping, discriminatory laws, intersecting or compounded discrimination, procedural and evidentiary requirements and practices, and a failure to systematically ensure that judicial mechanisms are physically, economically, socially and culturally accessible to all women. All these obstacles constitute persistent violations of women’s human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0004","docId":"cedaw-c-gc-33","idx":4,"n":4,"text":"4. The scope of the present general recommendation includes the procedures and quality of justice for women at all levels of justice systems, including specialized and quasi-judicial mechanisms. Quasi-judicial mechanisms encompass all actions of public administrative agencies or bodies, similar to those carried out by the judiciary, which have legal effects and may affect legal rights, duties and privileges.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0005","docId":"cedaw-c-gc-33","idx":5,"n":5,"text":"5. The scope of the right to access to justice also includes plural justice systems. The term “plural justice systems” refers to the coexistence within a State party of State laws, regulations, procedures and decisions on the one hand, and religious, customary, indigenous or community laws and practices on the other. Therefore, plural justice systems include multiple sources of law, whether formal or informal, whether State, non-State or mixed, that women may encounter when seeking to exercise their right to access to justice. Religious, customary, indigenous and community justice systems — referred to as traditional justice systems in the present general recommendation — may be formally recognized by the State, operate with the acquiescence of the State, with or without any explicit status, or function outside of the State’s regulatory framework.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0006","docId":"cedaw-c-gc-33","idx":6,"n":6,"text":"6. International and regional human rights treaties and declarations and most national constitutions contain guarantees relating to sex and/or gender equality before the law and obligations to ensure that everyone benefits from the equal protection of the law.[[fn:1]] Article 15 of the Convention provides that women and men must have equality before the law and benefit from equal protection of the law. Article 2 stipulates that States parties must take all appropriate measures to guarantee the substantive equality of men and women in all areas of life, including through the establishment of competent national tribunals and other public institutions, to ensure the effective protection of women against any act of discrimination. The content and scope of that provision are further detailed in the Committee’s general recommendation No. 28 on the core obligations of States parties under article 2 of the Convention. Article 3 mentions the need for appropriate measures to ensure that women can exercise and enjoy their human rights and fundamental freedoms on a basis of equality with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":1,"text":"See, for example, articles 7 and 8 of the Universal Declaration of Human Rights, articles 2 and 14 of the International Covenant on Civil and Political Rights and articles 2 (2) and 3 of the International Covenant on Economic, Social and Cultural Rights. At the regional level, the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), the American Convention on Human Rights and the African Charter on Human and Peoples’ Rights all contain relevant provisions."}],"section":["I. Introduction and scope"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-c-gc-33-0007","docId":"cedaw-c-gc-33","idx":7,"n":7,"text":"7. Discrimination may be directed against women on the basis of their sex and gender. Gender refers to socially constructed identities, attributes and roles for women and men and the cultural meaning imposed by society on to biological differences, which are consistently reflected within the justice system and its institutions. Under article 5 (a) of the Convention, States parties have an obligation to expose and remove the underlying social and cultural barriers, including gender stereotypes, that prevent women from exercising and claiming their rights and impede their access to effective remedies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-33-0008","docId":"cedaw-c-gc-33","idx":8,"n":8,"text":"8. Discrimination against women, based on gender stereotypes, stigma, harmful and patriarchal cultural norms and gender-based violence, which affects women in particular, has an adverse impact on the ability of women to gain access to justice on an equal basis with men. In addition, discrimination against women is compounded by intersecting factors that affect some women to degrees or in ways that differ from those affecting men or other women. Grounds for intersecting or compounded discrimination may include ethnicity/race, indigenous or minority status, colour, socioeconomic status and/or caste, language, religion or belief, political opinion, national origin, marital and/or maternal status, age, urban/rural location, health status, disability, property ownership and identity as a lesbian, bisexual or transgender woman or intersex person. These intersecting factors make it more difficult for women from those groups to gain access to justice.[[fn:2]]","labels":["Indigenous peoples","Women/girls","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":2,"text":"See paragraph 18 of general recommendation No. 28."}],"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0009","docId":"cedaw-c-gc-33","idx":9,"n":9,"text":"9. Other factors that make it more difficult for women to gain access to justice include illiteracy, trafficking, armed conflict, status as an asylum seeker, internal displacement, statelessness, migration, being a female head of household, widowhood, living with HIV, deprivation of liberty, criminalization of prostitution, geographical remoteness and stigmatization of women fighting for their rights. That human rights defenders and organizations are frequently targeted because of their work must be emphasized and their own right to access to justice protected.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0010","docId":"cedaw-c-gc-33","idx":10,"n":10,"text":"10. The Committee has documented many examples of the negative impact of intersecting forms of discrimination on access to justice, including ineffective remedies, for specific groups of women. Women belonging to such groups often do not report violations of their rights to the authorities for fear that they will be humiliated, stigmatized, arrested, deported, tortured or have other forms of violence inflicted upon them, including by law enforcement officials. The Committee has also noted that, when women from those groups lodge complaints, the authorities frequently fail to act with due diligence to investigate, prosecute and punish perpetrators and/or provide remedies.[[fn:3]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":3,"text":"See, for example, the concluding observations on the Bahamas (CEDAW/C/BHS/CO/1-5, para. 25 (d)), Costa Rica (CEDAW/C/CRI/CO/5-6, paras. 40-41), Fiji (CEDAW/C/FJI/CO/4, paras. 2425), Kyrgyzstan (A/54/38/Rev.1, part one, paras. 127-128), the Republic of Korea (CEDAW/C/KOR/CO/6, paras. 19-20, and CEDAW/C/KOR/CO/7, para. 23 (d)) and Uganda (CEDAW/C/UGA/CO/7, paras. 43-44)."}],"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0011","docId":"cedaw-c-gc-33","idx":11,"n":11,"text":"11. In addition to articles 2 (c), 3, 5 (a) and 15 of the Convention, States parties have further treaty-based obligations to ensure that all women have access to education and information about their rights and the remedies that are available and how to gain access to them, and access to competent, gender-sensitive dispute resolution systems, as well as equal access to effective and timely remedies.[[fn:4]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":4,"text":"See, in particular, general recommendations Nos. 19, 21, 23, 24, 26, 27, 29 and 30."}],"section":["I. Introduction and scope"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0012","docId":"cedaw-c-gc-33","idx":12,"n":12,"text":"12. The Committee’s views and recommendations concerning the steps that need to be taken to overcome obstacles encountered by women in gaining access to justice are informed by its experience in considering the reports of States parties, its analysis of individual communications and its conduct of inquiries under the Optional Protocol to the Convention. In addition, reference is made to work on access to justice by other United Nations human rights mechanisms, national human rights institutions, civil society organizations, including community-based women’s associations, and academic researchers.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["I. Introduction and scope"]},{"id":"cedaw-c-gc-33-0013","docId":"cedaw-c-gc-33","idx":13,"n":13,"text":"13. The Committee has observed that the concentration of courts and quasi-judicial bodies in the main cities, their non-availability in rural and remote regions, the time and money needed to gain access to them, the complexity of proceedings, the physical barriers for women with disabilities, the lack of access to high-quality, gender-competent legal advice, including legal aid, as well as the often-noted deficiencies in the quality of justice systems (e.g., gender-insensitive judgements or decisions owing to a lack of training, delays and excessive length of proceedings, corruption) all prevent women from gaining access to justice.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems"]},{"id":"cedaw-c-gc-33-0014","docId":"cedaw-c-gc-33","idx":14,"n":14,"text":"14. Six interrelated and essential components — justiciability, availability, accessibility, good quality, provision of remedies for victims and accountability of justice systems — are therefore necessary to ensure access to justice. While differences in prevailing legal, social, cultural, political and economic conditions will necessitate a differentiated application of these features in each State party, the basic elements of the approach are universally relevant and immediately applicable. Accordingly:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-33-0015","docId":"cedaw-c-gc-33","idx":15,"n":15,"text":"15. With regard to justiciability, the Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems"]},{"id":"cedaw-c-gc-33-0016","docId":"cedaw-c-gc-33","idx":16,"n":16,"text":"16. With regard to the availability of justice systems, the Committee recommends that States parties:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems"]},{"id":"cedaw-c-gc-33-0017","docId":"cedaw-c-gc-33","idx":17,"n":17,"text":"17. With regard to accessibility of justice systems, the Committee recommends that States parties:","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems"]},{"id":"cedaw-c-gc-33-0018","docId":"cedaw-c-gc-33","idx":18,"n":18,"text":"18. With regard to the good quality of justice systems, the Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems","at all levels, and give consideration to the development of Internet infrastructure, including videoconferencing, to facilitate the holding of court hearings and the sharing, collection and support of data and information among stakeholders;"]},{"id":"cedaw-c-gc-33-0019","docId":"cedaw-c-gc-33","idx":19,"n":19,"text":"19. With regard to the provision of remedies, the Committee recommends that States parties:","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems","victims through the prohibition of image capturing and broadcasting in cases where doing so may violate the dignity, emotional condition and security of girls and women;"]},{"id":"cedaw-c-gc-33-0020","docId":"cedaw-c-gc-33","idx":20,"n":20,"text":"20. With regard to the accountability of justice systems, the Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","A. Justiciability, availability, accessibility, good quality, provision of remedies and accountability of justice systems","violations, such as sexual violence against women, and reject statutory limitations for the prosecution of such violations (see general recommendation"]},{"id":"cedaw-c-gc-33-0021","docId":"cedaw-c-gc-33","idx":21,"n":21,"text":"21. Frequently, States parties have constitutional provisions, laws, regulations, procedures, customs and practices that are based on traditional gender stereotypes and norms and are, therefore, discriminatory and deny women full enjoyment of their rights under the Convention. The Committee, therefore, consistently calls upon States parties, in its concluding observations, to review their legislative frameworks and to amend and/or repeal provisions that discriminate against women. This is consistent with article 2 of the Convention, which enshrines obligations for States parties to adopt appropriate legal and other measures to eliminate all forms of discrimination against women by public authorities and non-State actors, be they individuals, organizations or enterprises.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","B. Discriminatory laws, procedures and practices"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-33-0022","docId":"cedaw-c-gc-33","idx":22,"n":22,"text":"22. Women, nonetheless, face many difficulties in gaining access to justice as a result of direct and indirect discrimination, as defined in paragraph 16 of general recommendation No. 28. Such inequality is apparent not only in the discriminatory content and/or impact of laws, regulations, procedures, customs and practices, but also in the lack of capacity and awareness on the part of judicial and quasi-judicial institutions to adequately address violations of women’s human rights. In its general recommendation No. 28, the Committee, therefore, notes that judicial institutions must apply the principle of substantive or de facto equality, as embodied in the Convention, and interpret laws, including national, religious and customary laws, in line with that obligation. Article 15 encompasses obligations for States parties to ensure that women enjoy substantive equality with men in all areas of the law.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","B. Discriminatory laws, procedures and practices"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0023","docId":"cedaw-c-gc-33","idx":23,"n":23,"text":"23. Many of the Committee’s concluding observations and views under the Optional Protocol, however, demonstrate that discriminatory procedural and evidentiary rules and a lack of due diligence in the prevention, investigation, prosecution, punishment and provision of remedies for violations of women’s rights result in contempt of obligations to ensure that women have equal access to justice.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","B. Discriminatory laws, procedures and practices"]},{"id":"cedaw-c-gc-33-0024","docId":"cedaw-c-gc-33","idx":24,"n":24,"text":"24. Special consideration is to be given to girls (including the girl child and adolescent girls, where appropriate) because they face specific barriers to gaining access to justice. They often lack the social or legal capacity to make significant decisions about their lives in areas relating to education, health and sexual and reproductive rights. They may be forced into marriage or subjected to other harmful practices and various forms of violence.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","B. Discriminatory laws, procedures and practices"]},{"id":"cedaw-c-gc-33-0025","docId":"cedaw-c-gc-33","idx":25,"n":25,"text":"25. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","B. Discriminatory laws, procedures and practices"]},{"id":"cedaw-c-gc-33-0026","docId":"cedaw-c-gc-33","idx":26,"n":26,"text":"26. Stereotyping and gender bias in the justice system have far-reaching consequences for women’s full enjoyment of their human rights. They impede women’s access to justice in all areas of law, and may have a particularly negative impact on women victims and survivors of violence. Stereotyping distorts perceptions and results in decisions based on preconceived beliefs and myths rather than relevant facts. Often, judges adopt rigid standards about what they consider to be appropriate behaviour for women and penalize those who do not conform to those stereotypes. Stereotyping also affects the credibility given to women’s voices, arguments and testimony as parties and witnesses. Such stereotyping can cause judges to misinterpret or misapply laws. This has far-reaching consequences, for example, in criminal law, where it results in perpetrators not being held legally accountable for violations of women’s rights, thereby upholding a culture of impunity. In all areas of law, stereotyping compromises the impartiality and integrity of the justice system, which can, in turn, lead to miscarriages of justice, including the revictimization of complainants.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","C. Stereotyping and gender bias in the justice system and the importance of capacity-building"]},{"id":"cedaw-c-gc-33-0027","docId":"cedaw-c-gc-33","idx":27,"n":27,"text":"27. Judges, magistrates and adjudicators are not the only actors in the justice system who apply, reinforce and perpetuate stereotypes. Prosecutors, law enforcement officials and other actors often allow stereotypes to influence investigations and trials, especially in cases of gender-based violence, with stereotypes undermining the claims of the victim/survivor and simultaneously supporting the defence advanced by the alleged perpetrator. Stereotyping can, therefore, permeate both the investigation and trial phases and shape the final judgement.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","C. Stereotyping and gender bias in the justice system and the importance of capacity-building"]},{"id":"cedaw-c-gc-33-0028","docId":"cedaw-c-gc-33","idx":28,"n":28,"text":"28. Women should be able to rely on a justice system free of myths and stereotypes, and on a judiciary whose impartiality is not compromised by those biased assumptions. Eliminating stereotyping in the justice system is a crucial step in ensuring equality and justice for victims and survivors.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","C. Stereotyping and gender bias in the justice system and the importance of capacity-building"]},{"id":"cedaw-c-gc-33-0029","docId":"cedaw-c-gc-33","idx":29,"n":29,"text":"29. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","C. Stereotyping and gender bias in the justice system and the importance of capacity-building"]},{"id":"cedaw-c-gc-33-0030","docId":"cedaw-c-gc-33","idx":30,"n":30,"text":"30. The provision of education from a gender perspective and raising public awareness through civil society, the media and the use of ICT are essential to overcoming the multiple forms of discrimination and stereotyping that have an impact on access to justice and to ensuring the effectiveness and efficiency of justice for all women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes"]},{"id":"cedaw-c-gc-33-0031","docId":"cedaw-c-gc-33","idx":31,"n":31,"text":"31. Article 5 (a) of the Convention provides that States parties must take all appropriate measures to modify social and cultural patterns of conduct, with a view to eliminating prejudices and customary and all other practices that are based on the idea of the inferiority or the superiority of either sex. In its general recommendation No. 28, the Committee emphasized that all provisions of the Convention must be read jointly in order to ensure that all forms of gender-based discrimination are condemned and eliminated.[[fn:11]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":11,"text":"In paragraph 7, it was stated that article 2 of the Convention should be read in conjunction with articles 3, 4, 5 and 24 and in the light of the definition of discrimination contained in article 1."}],"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-33-0032","docId":"cedaw-c-gc-33","idx":32,"n":32,"text":"32. Women who are unaware of their human rights are unable to make claims for the fulfilment of those rights. The Committee has observed, especially during its consideration of periodic reports submitted by States parties, that they often fail to guarantee that women have equal access to education, information and legal literacy programmes. Furthermore, awareness on the part of men of women’s human rights is also indispensable to guaranteeing non-discrimination and equality, and to guaranteeing women’s access to justice in particular.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes","1. Education from a gender perspective"]},{"id":"cedaw-c-gc-33-0033","docId":"cedaw-c-gc-33","idx":33,"n":33,"text":"33. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes","1. Education from a gender perspective"]},{"id":"cedaw-c-gc-33-0034","docId":"cedaw-c-gc-33","idx":34,"n":34,"text":"34. Civil society, the media and ICT play an important role in both reinforcing and reproducing gender stereotypes as well as in overcoming them.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes","1. Education from a gender perspective"]},{"id":"cedaw-c-gc-33-0035","docId":"cedaw-c-gc-33","idx":35,"n":35,"text":"35. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","D. Education and raising awareness of the impact of stereotypes","1. Education from a gender perspective"]},{"id":"cedaw-c-gc-33-0036","docId":"cedaw-c-gc-33","idx":36,"n":36,"text":"36. A crucial element in guaranteeing that justice systems are economically accessible to women is the provision of free or low-cost legal aid, advice and representation in judicial and quasi-judicial processes in all fields of law.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","E. Legal aid and public defence"]},{"id":"cedaw-c-gc-33-0037","docId":"cedaw-c-gc-33","idx":37,"n":37,"text":"37. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["II. General issues and recommendations on women’s access to justice","E. Legal aid and public defence"]},{"id":"cedaw-c-gc-33-0038","docId":"cedaw-c-gc-33","idx":38,"n":38,"text":"38. Highly qualified human resources, combined with adequate technical and financial resources, are essential to ensure the justiciability, availability, accessibility, good quality, provision of remedies for victims and accountability of justice systems.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","F. Resources"]},{"id":"cedaw-c-gc-33-0039","docId":"cedaw-c-gc-33","idx":39,"n":39,"text":"39. The Committee recommends that States parties:","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["II. General issues and recommendations on women’s access to justice","F. Resources"]},{"id":"cedaw-c-gc-33-0040","docId":"cedaw-c-gc-33","idx":40,"n":40,"text":"40. Given the diversity of institutions and judicial arrangements around the world, some elements placed under one field of law in one country may be placed elsewhere in another. For example, the definition of discrimination may or may not be included in the Constitution; protection orders may appear under family law and/or under criminal law; and asylum and refugee issues may be dealt with by administrative courts or by quasi-judicial bodies. States parties are asked to consider the paragraphs below in that light.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law"]},{"id":"cedaw-c-gc-33-0041","docId":"cedaw-c-gc-33","idx":41,"n":41,"text":"41. The Committee has observed that, in practice, States parties that have adopted constitutional guarantees relating to substantive equality between men and women and incorporated international human rights law, including the Convention, into their national legal orders are better equipped to secure gender equality in access to justice. Under articles 2 (a) and 15 of the Convention, States parties are to embody the principle of the equality of men and women in their national constitutions or other appropriate legislation, including through the establishment of competent national tribunals and other public institutions, and to take measures to ensure the realization of that principle in all areas of public and private life as well as in all fields of law.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","A. Constitutional law"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0042","docId":"cedaw-c-gc-33","idx":42,"n":42,"text":"42. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","A. Constitutional law"]},{"id":"cedaw-c-gc-33-0043","docId":"cedaw-c-gc-33","idx":43,"n":43,"text":"43. In some communities, women are unable to approach justice systems without the assistance of a male relative, and social norms hinder their ability to exercise autonomy outside the household. Article 15 of the Convention provides that women and men are to be equal before the law and that States parties must accord to women a legal capacity in civil matters identical to that of men and the same opportunities to exercise that capacity. The civil law procedures and remedies to which women are to have access include those in the fields of contracts, private employment, personal injury, consumer protection, inheritance, land and property rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","B. Civil law"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0044","docId":"cedaw-c-gc-33","idx":44,"n":44,"text":"44. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","B. Civil law"],"citedArticles":[{"treaty":"CEDAW","article":"15","paragraph":"3","source":"regex"}]},{"id":"cedaw-c-gc-33-0045","docId":"cedaw-c-gc-33","idx":45,"n":45,"text":"45. Inequality in the family underlies all other aspects of discrimination against women and is often justified in the name of ideology, tradition and culture. The Committee has repeatedly emphasized that family laws and the mechanisms of their application must comply with the principle of equality enshrined in articles 2, 15 and 16 of the Convention.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":13,"text":"See, in particular, general recommendation No. 29 on article 16 of the Convention (economic consequences of marriage, family relations and their dissolution)."}],"section":["III. Recommendations for specific areas of law","C. Family law"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-33-0046","docId":"cedaw-c-gc-33","idx":46,"n":46,"text":"46. The Committee recommends that States parties:","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["III. Recommendations for specific areas of law","C. Family law"]},{"id":"cedaw-c-gc-33-0047","docId":"cedaw-c-gc-33","idx":47,"n":47,"text":"47. Criminal laws are particularly important in ensuring that women are able to exercise their human rights, including their right to access to justice, on the basis of equality. States parties are obliged, under articles 2 and 15 of the Convention, to ensure that women have access to the protection and remedies offered through criminal law, and that they are not exposed to discrimination within the context of those mechanisms, either as victims or as perpetrators of criminal acts. Some criminal codes or acts and/or criminal procedure codes discriminate against women by:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","D. Criminal law"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0048","docId":"cedaw-c-gc-33","idx":48,"n":48,"text":"48. The Committee has also highlighted the fact that women suffer from discrimination in criminal cases owing to a lack of gender-sensitive, non-custodial alternatives to detention, a failure to meet the specific needs of women in detention and an absence of gender-sensitive monitoring and independent review mechanisms.[[fn:14]] The secondary victimization of women by the criminal justice system has an impact on their access to justice, owing to their heightened vulnerability to mental and physical abuse and threats during arrest, questioning and detention.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":14,"text":"Communication No. 23/2009, Abramova v. Belarus, views adopted on 25 July 2011; see also the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), adopted by the General Assembly in its resolution 65/229."}],"section":["III. Recommendations for specific areas of law","D. Criminal law"]},{"id":"cedaw-c-gc-33-0049","docId":"cedaw-c-gc-33","idx":49,"n":49,"text":"49. Women are also disproportionately criminalized owing to their situation or status, such as being involved in prostitution, being a migrant, having been accused of adultery, identity as a lesbian, bisexual or transgender woman or intersex person, having undergone an abortion or belonging to other groups that face discrimination.","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","D. Criminal law"]},{"id":"cedaw-c-gc-33-0050","docId":"cedaw-c-gc-33","idx":50,"n":50,"text":"50. The Committee notes that many countries have critical shortages of trained police and legal and forensic staff capable of dealing with the requirements of criminal investigations.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","D. Criminal law"]},{"id":"cedaw-c-gc-33-0051","docId":"cedaw-c-gc-33","idx":51,"n":51,"text":"51. The Committee recommends that States parties:","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[],"section":["III. Recommendations for specific areas of law","D. Criminal law"]},{"id":"cedaw-c-gc-33-0052","docId":"cedaw-c-gc-33","idx":52,"n":52,"text":"52. In accordance with articles 2 and 15 of the Convention, the availability and accessibility of judicial and quasi-judicial mechanisms and remedies under administrative, social and labour law should be guaranteed to women on a basis of equality. The subject areas that tend to fall within the ambit of administrative, social and labour law, and are of particular importance for women, include health services, social security entitlements, labour relations, including equal remuneration, equality of opportunities to be hired and promoted, equality of remuneration for civil servants, housing and land zoning, grants, subsidies and scholarships, compensation funds, governance of Internet resources and policy and migration and asylum.[[fn:17]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":17,"text":"See general recommendation No. 32 on gender-related dimensions of refugee status, asylum, nationality and statelessness of women."}],"section":["III. Recommendations for specific areas of law","E. Administrative, social and labour law"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0053","docId":"cedaw-c-gc-33","idx":53,"n":53,"text":"53. The Committee recommends that States parties:","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["III. Recommendations for specific areas of law","E. Administrative, social and labour law"]},{"id":"cedaw-c-gc-33-0054","docId":"cedaw-c-gc-33","idx":54,"n":54,"text":"54. Other specialized judicial and quasi-judicial mechanisms,[[fn:18]] including labour,[[fn:19]] land claims, electoral and military courts, inspectorates and administrative bodies,[[fn:20]] also have obligations to comply with international standards of independence, impartiality and efficiency and the provisions of international human rights law, including articles 2, 5 (a) and 15 of the Convention.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":18,"text":"Depending on the country, the fields are covered by general or specialized justice systems."},{"n":19,"text":"With regard to women’s access to justice, relevant conventions of the International Labour Organization conventions include the Labour Inspection Convention, 1947 (No. 81), the Migration for Employment Convention (Revised), 1949 (No. 97), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the Domestic Workers Convention, 2011 (No. 189)."},{"n":20,"text":"See the draft principles governing the administration of justice through military tribunals (see E/CN.4/2006/58)."}],"section":["IV. Recommendations for specific mechanisms","A. Specialized judicial/quasi-judicial systems and international/ regional justice systems"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0055","docId":"cedaw-c-gc-33","idx":55,"n":55,"text":"55. Transitional and post-conflict situations may result in increased challenges for women seeking to assert their right to access to justice. In its general recommendation No. 30, the Committee highlighted the specific obligations of States parties in connection with access to justice for women in such situations.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","A. Specialized judicial/quasi-judicial systems and international/ regional justice systems"]},{"id":"cedaw-c-gc-33-0056","docId":"cedaw-c-gc-33","idx":56,"n":56,"text":"56. The Committee recommends that States parties:","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","A. Specialized judicial/quasi-judicial systems and international/ regional justice systems"]},{"id":"cedaw-c-gc-33-0057","docId":"cedaw-c-gc-33","idx":57,"n":57,"text":"57. Many jurisdictions have adopted mandatory or optional systems for mediation, conciliation, arbitration and collaborative resolutions of disputes, as well as for facilitation and interest-based negotiations. This applies, in particular, in the areas of family law, domestic violence, juvenile justice and labour law. Alternative dispute resolution processes are sometimes referred to as informal justice, which are linked to, but function outside of, formal court litigation processes. Informal alternative dispute resolution processes also include non-formal indigenous courts and chieftancy-based alternative dispute resolution, where chiefs and other community leaders resolve interpersonal disputes, including divorce, child custody and land disputes. While such processes may provide greater flexibility and reduce costs and delays for women seeking justice, they may also lead to further violations of their rights and impunity for perpetrators because they often operate on the basis of patriarchal values, thereby having a negative impact on women’s access to judicial review and remedies.","labels":["Indigenous peoples","Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","B. Alternative dispute resolution processes"]},{"id":"cedaw-c-gc-33-0058","docId":"cedaw-c-gc-33","idx":58,"n":58,"text":"58. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","B. Alternative dispute resolution processes"]},{"id":"cedaw-c-gc-33-0059","docId":"cedaw-c-gc-33","idx":59,"n":59,"text":"59. The development of national human rights institutions and ombudsperson offices may open up further possibilities for women to gain access to justice.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","C. National human rights institutions and ombudsperson offices"]},{"id":"cedaw-c-gc-33-0060","docId":"cedaw-c-gc-33","idx":60,"n":60,"text":"60. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","C. National human rights institutions and ombudsperson offices"]},{"id":"cedaw-c-gc-33-0061","docId":"cedaw-c-gc-33","idx":61,"n":61,"text":"61. The Committee notes that State laws, regulations, procedures and decisions can sometimes coexist, within a given State party, with religious, customary, indigenous or community laws and practices. This results in the existence of plural justice systems. There are, therefore, multiple sources of law that may be formally recognized as part of the national legal order or operate without an explicit legal basis. States parties have obligations under articles 2, 5 (a) and 15 of the Convention and under other international human rights instruments to ensure that women’s rights are equally respected and that women are protected against violations of their human rights by all components of plural justice systems.[[fn:21]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":21,"text":"See, in particular, general recommendation No. 29."}],"section":["IV. Recommendations for specific mechanisms","D. Plural justice systems"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-33-0062","docId":"cedaw-c-gc-33","idx":62,"n":62,"text":"62. The presence of plural justice systems can, in itself, limit women’s access to justice by perpetuating and reinforcing discriminatory social norms. In many contexts, the availability of multiple avenues for gaining access to justice within plural justice systems notwithstanding, women are unable to effectively exercise a choice of forum. The Committee has observed that, in some States parties in which systems of family and/or personal law based on customs, religion or community norms coexist alongside civil law systems, individual women may not be as familiar with both systems or at liberty to decide which regime applies to them.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","D. Plural justice systems"]},{"id":"cedaw-c-gc-33-0063","docId":"cedaw-c-gc-33","idx":63,"n":63,"text":"63. The Committee has observed a range of models through which practices embedded in plural justice systems can be harmonized with the Convention in order to minimize conflicts of laws and guarantee that women have access to justice. They include the adoption of legislation that clearly defines the relationship between existing plural justice systems, the creation of State review mechanisms and the formal recognition and codification of religious, customary, indigenous, community and other systems. Joint efforts by States parties and non-State actors will be necessary to examine ways in which plural justice systems can work together to reinforce protection for women’s rights.[[fn:22]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":22,"text":"International Development Law Organization, Accessing Justice: Models, Strategies and Best Practices on Women’s Empowerment (Rome, 2013)."}],"section":["IV. Recommendations for specific mechanisms","D. Plural justice systems"]},{"id":"cedaw-c-gc-33-0064","docId":"cedaw-c-gc-33","idx":64,"n":64,"text":"64. The Committee recommends that, in cooperation with non-State actors, States parties:","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["IV. Recommendations for specific mechanisms","D. Plural justice systems"]},{"id":"cedaw-c-gc-33-0065","docId":"cedaw-c-gc-33","idx":65,"n":65,"text":"65. Many countries have made reservations to:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["V. Withdrawal of reservations to the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-33-0066","docId":"cedaw-c-gc-33","idx":66,"n":66,"text":"66. In view of the fundamental importance of women’s access to justice, the Committee recommends that States parties withdraw their reservations to the Convention, in particular to articles 2 (c), 5 (a), 15 and 16.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["V. Withdrawal of reservations to the Convention"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-33-0067","docId":"cedaw-c-gc-33","idx":67,"n":67,"text":"67. The Optional Protocol to the Convention creates an additional international legal mechanism to enable women to bring complaints in relation to alleged violations of the rights set forth in the Convention and to enable the Committee to conduct inquiries into alleged grave or systematic violations of the rights set forth in the Convention, thereby reinforcing women’s right to access to justice. Through its decisions on individual communications issued under the Optional Protocol, the Committee has produced noteworthy jurisprudence in relation to women’s access to justice, including in relation to violence against women,[[fn:23]] women in detention,[[fn:24]] health[[fn:25]] and employment.[[fn:26]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"footnotes":[{"n":23,"text":"See communication No. 19/2008, Kell v. Canada, views adopted on 28 February 2012; communication No. 20/2008, V.K. v. Bulgaria, views adopted on 25 July 2011; communication No. 18/2008, Vertido v. the Philippines, views adopted on 16 July 2010; communication No. 6/2005, Yildirim v. Austria, views adopted on 6 August 2007; communication No. 5/2005, Goekce v. Austria, views adopted on 6 August 2007; and communication No. 2/2003, A.T. v. Hungary, views adopted on 26 January 2005."},{"n":24,"text":"See communication No. 23/2009, Abramova v. Belarus, views adopted on 25 July 2011."},{"n":25,"text":"See communication No. 17/2008, Teixeira v. Brazil, views adopted on 25 July 2011."},{"n":26,"text":"See communication No. 28/2010, R.K.B. v. Turkey, views adopted on 24 February 2012."}],"section":["VI. Ratification of the Optional Protocol to the Convention"]},{"id":"cedaw-c-gc-33-0068","docId":"cedaw-c-gc-33","idx":68,"n":68,"text":"68. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2015,"section":["VI. Ratification of the Optional Protocol to the Convention"]},{"id":"cedaw-c-gc-34-0001","docId":"cedaw-c-gc-34","idx":1,"n":1,"text":"The Committee on the Elimination of Discrimination against Women acknowledges the vital contributions of rural women and the urgent need to improve the recognition and protection of their human rights. Through its previous concluding observations and general recommendations, the Committee has identified various ways in which rural women continue to face discrimination. In the present general recommendation, the Committee clarifies States parties’ obligations to ensure the rights of rural women, with a focus on article 14 of the Convention on the Elimination of All Forms of Discrimination against Women, which recognizes the unique situation of rural women and highlights specific obligations of States parties in recognizing, promoting and protecting their rights.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0002","docId":"cedaw-c-gc-34","idx":2,"n":2,"text":"Article 14 is the only provision in an international human rights treaty that specifically pertains to rural women. However, all rights under the Convention apply to rural women, and article 14 must be interpreted in the context of the Convention as a whole. When reporting, States parties should address all articles that have bearing on the enjoyment of rights by rural women and girls. Accordingly, the present general recommendation explores the links between article 14 and other Convention provisions. As many of the Sustainable Development Goals address the situation of rural women and provide an important opportunity to advance both process and outcome indicators, the specific intent of the present general recommendation is to provide guidance to States parties on the implementation of their obligations with respect to rural women. While general recommendation No. 34 focuses on rural women in developing countries, some of its components also pertain to the situation of rural women in developed countries. It is recognized that rural women, even in developed countries, suffer discrimination and challenges in various areas, including economic empowerment, participation in political and public life, access to services and the labour exploitation of rural migrant women workers.","labels":["Migrants","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0003","docId":"cedaw-c-gc-34","idx":3,"n":3,"text":"Currently, rural women represent a quarter of the world’s population. They play a crucial role in maintaining and improving rural livelihoods and strengthening rural communities. In recent years, the Committee has developed a significant body of jurisprudence on the rights of rural women and the challenges that they face, in particular through concluding observations. Several United Nations conferences have recognized the role of rural women in agriculture, rural development, food and nutrition, and poverty reduction.[[fn:1]] Hence, there is a need for further specific attention to rural women, as recognized in the Sustainable Development Goals.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"footnotes":[{"n":1,"text":"15 October has been designated the International Day of Rural Women. The priority theme of the fifty-sixth session of the Commission on the Status of Women was also the empowerment of rural women and their role in poverty and hunger eradication, development and current challenges."}],"section":["II. Background"]},{"id":"cedaw-c-gc-34-0004","docId":"cedaw-c-gc-34","idx":4,"n":4,"text":"The Committee recognizes that rural women continue to face systematic and persistent barriers to the full enjoyment of their human rights and that, in many cases, conditions have deteriorated. In many States, rural women’s rights and needs remain insufficiently addressed or ignored in laws, national and local policies, budgets and investment strategies at all levels. Even when they exist, laws and policies that consider rural women’s situation and foresee special measures to address it are often not implemented.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["II. Background"]},{"id":"cedaw-c-gc-34-0005","docId":"cedaw-c-gc-34","idx":5,"n":5,"text":"Globally, and with few exceptions, on every gender and development indicator for which data are available, rural women fare worse than rural men and urban women and men,[[fn:2]] and rural women disproportionately experience poverty and exclusion. They face systemic discrimination in access to land and natural resources. They carry most of the unpaid work burden owing to stereotyped gender roles, inequality within the household and the lack of infrastructure and services, including with respect to food production and care work. Even when formally employed, they are more often engaged in work that is insecure, hazardous, poorly paid and not covered by social protection. They are less likely to be educated and are at higher risk of being trafficked and forced into labour, as well as into child and/or forced marriage and other harmful practices (see CEDAW/C/GC/31-CRC/C/GC/18). They are more likely to become ill, suffer from malnutrition or die from preventable causes, and are particularly disadvantaged with respect to access to health care.","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"footnotes":[{"n":2,"text":"See The World’s Women 2010: Trends and statistics (United Nations publication, Sales No. E.10.XVII.11). Available from unstats.un.org/unsd."}],"section":["II. Background"]},{"id":"cedaw-c-gc-34-0006","docId":"cedaw-c-gc-34","idx":6,"n":6,"text":"Rural women are also more likely to be excluded from leadership and decision-making positions at all levels. They are disproportionately affected by gender-based violence and lack access to justice and effective legal remedies. Clearly, the importance of rural women’s empowerment, self-determination and position in decision-making and governance must not be ignored. When it is, States jeopardize their own progress.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["II. Background"]},{"id":"cedaw-c-gc-34-0007","docId":"cedaw-c-gc-34","idx":7,"n":7,"text":"The definition of discrimination contained in article 1 of the Convention applies to all women and concerns all forms of discrimination, making its application to rural women self-evident. Article 2 provides that States parties shall condemn discrimination against women in all its forms and is inextricably linked with all other substantive provisions of the Convention, including article 14. To comply with article 2 in relation to rural women, States parties must refrain from acts of commission and omission that discriminate against them.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-34-0008","docId":"cedaw-c-gc-34","idx":8,"n":8,"text":"Discriminatory or otherwise inadequate legal frameworks, complex legal systems, conflict and post-conflict settings, a lack of information and sociocultural constraints can combine to make justice inaccessible to rural women. Factors that contribute to discriminatory stereotypes and practices, especially in rural areas, include the parallel existence of often overlapping and conflicting statutory, customary and religious laws and authorities. Many rural women and girls live in communities in which informal justice mechanisms are used to resolve disputes. While informal justice may be more accessible to them, rules and mechanisms that are not in conformity with the Convention must be brought into line with it and with general recommendation No. 33 (2015) on women’s access to justice.","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2"]},{"id":"cedaw-c-gc-34-0009","docId":"cedaw-c-gc-34","idx":9,"n":9,"text":"9. States parties should ensure that legal frameworks are non-discriminatory and guarantee access to justice to rural women, in line with general recommendation No. 33, including by:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2"]},{"id":"cedaw-c-gc-34-0010","docId":"cedaw-c-gc-34","idx":10,"n":10,"text":"10. Discrimination against rural women cannot be fully understood without taking into account the macroeconomic roots of gender inequality. States often fail to acknowledge the role of rural women and girls in unpaid work, their contribution to the gross domestic product and, therefore, to sustainable development. Bilateral and multilateral agreements on trade, tax and other economic and fiscal policies can have a significant negative impact on the lives of rural women. Environmental issues, including climate change and natural disasters, often provoked by the unsustainable use of natural resources, as well as poor waste management practices, also have detrimental impacts on the well-being of rural women. Gender-neutral policies, reforms and laws may uphold and strengthen existing inequalities related to all of the above.","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2"]},{"id":"cedaw-c-gc-34-0011","docId":"cedaw-c-gc-34","idx":11,"n":11,"text":"11. States parties should ensure that macroeconomic policies, including trade, fiscal and investment policies, as well bilateral and multilateral agreements, are responsive to the needs of rural women and strengthen the productive and investing capacities of small-scale women producers. They should address the negative and differential impacts of economic policies, including agricultural and general trade liberalization, privatization and the commodification of land, water and natural resources, on the lives of rural women and the fulfilment of their rights. Similarly, development partners should also ensure that their development assistance policies focus on the specific needs of rural women.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2"]},{"id":"cedaw-c-gc-34-0012","docId":"cedaw-c-gc-34","idx":12,"n":12,"text":"12. States parties should address specific threats posed to rural women by climate change, natural disasters, land and soil degradation, water pollution, droughts, floods, desertification, pesticides and agrochemicals, extractive industries, monocultures, biopiracy and the loss of biodiversity, in particular agro-biodiversity. They should alleviate and mitigate those threats and ensure that rural women enjoy a safe, clean and healthy environment. They should effectively address the impact of such risks on rural women in the planning and implementation of all policies concerning the environment, climate change, disaster risk reduction, preparedness and management and ensure the full participation of rural women in designing, planning and implementing such policies. States parties should also ensure the protection and security of rural women and girls in all phases of disasters and other crises, ranging from early warning to relief, recovery, rehabilitation and reconstruction.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2","their rights. Similarly, development partners should also ensure that their"]},{"id":"cedaw-c-gc-34-0013","docId":"cedaw-c-gc-34","idx":13,"n":13,"text":"13. States parties should regulate the activities of domestic non-State actors within their jurisdiction, including when they operate extraterritorially. General recommendation No. 28 (2010) on the core obligations of States parties under article 2 reaffirms the requirement under article 2 (e) to eliminate discrimination by any public or private actor, which extends to acts of national corporations operating extraterritorially. States parties should uphold extraterritorial obligations with respect to rural women by, inter alia: not interfering, directly or indirectly, with the enjoyment of their rights; taking regulatory measures to prevent any actor under their jurisdiction, including private individuals, companies and public entities, from infringing or abusing the rights of rural women outside their territory; and ensuring that international cooperation and development assistance, whether bilateral or multilateral, advance the rights of rural women outside their territory. Appropriate and effective remedies should be available to affected rural women when a State party has violated its extraterritorial obligations.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2","their rights. Similarly, development partners should also ensure that their"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-34-0014","docId":"cedaw-c-gc-34","idx":14,"n":14,"text":"14. In line with general recommendation No. 28, States parties should recognize that rural women are not a homogenous group and often face intersecting discrimination. Many indigenous and Afro-descendent women live in rural settings and experience discrimination based on their ethnicity, language and traditional way of life. Rural women who belong to other ethnic minorities or to religious minorities, as well as female heads of household, may also experience higher rates of poverty and other forms of social exclusion. Women working in rural areas, including peasants, pastoralists, migrants, fisherfolk and landless women, also suffer disproportionately from intersecting forms of discrimination. As recognized in general recommendation No. 18 (1991) on disabled women, while women with disabilities face unique challenges in all areas of life, this is particularly the case of those living in rural areas. Discrimination may be compounded in rural areas by a lack of appropriate access to, inter alia, water, sanitation, electricity, health care, child and older person care, and inclusive and culturally appropriate education. As recognized in general recommendation No. 27 (2010) on older women and protection of their human rights, older women and widows may also suffer stigmatization and isolation in rural areas, which expose them to greater risks of illtreatment. In addition, rural women, including heads of household, living in conflict-affected areas face security concerns and further obstacles in enjoying their rights.","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2","their rights. Similarly, development partners should also ensure that their"]},{"id":"cedaw-c-gc-34-0015","docId":"cedaw-c-gc-34","idx":15,"n":15,"text":"15. States parties should eliminate all forms of discrimination against disadvantaged and marginalized groups of rural women. For example, States parties should ensure that disadvantaged and marginalized groups of rural women, including those belonging to indigenous, Afro-descendent, ethnic and religious minorities, heads of household, peasants, pastoralists, fisherfolk, landless women, migrants and conflict-affected rural women, are protected from intersecting forms of discrimination and have access to education, employment, water and sanitation and health care, among others. States parties should develop policies and programmes ensuring the equal enjoyment of rights by rural women with disabilities, including by ensuring the accessibility of infrastructures and services. States parties should similarly ensure that older rural women have access to social services and adequate social protection, as well as economic resources and the empowerment to live life with dignity, including through access to financial services and social security.","labels":["Migrants","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","A. Application of articles 1 and 2","their rights. Similarly, development partners should also ensure that their"]},{"id":"cedaw-c-gc-34-0016","docId":"cedaw-c-gc-34","idx":16,"n":16,"text":"16. Under article 14, paragraph 1, States parties are required to take into account the particular problems faced by rural women and the significant roles that they play in the economic survival of families, including their work in the non-monetized sectors of the economy. Inclusive and sustainable development must uphold the rights of rural women, underscoring their role as key actors and fully acknowledging the economic value of their paid and unpaid work.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","B. Article 14, paragraph 1"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0017","docId":"cedaw-c-gc-34","idx":17,"n":17,"text":"17. States parties should promote inclusive and sustainable economic development that enables rural women to enjoy their rights and:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","B. Article 14, paragraph 1"]},{"id":"cedaw-c-gc-34-0018","docId":"cedaw-c-gc-34","idx":18,"n":18,"text":"18. Article 3 provides that States parties shall take all appropriate measures, in all fields, including legislation, to ensure the full development and advancement of women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-c-gc-34-0019","docId":"cedaw-c-gc-34","idx":19,"n":19,"text":"19. States parties should adopt effective laws, policies, regulations, programmes, administrative procedures and institutional structures to ensure the full development and advancement of rural women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0020","docId":"cedaw-c-gc-34","idx":20,"n":20,"text":"20. Article 4, paragraph 1, provides for the adoption of temporary special measures by States parties to accelerate substantive equality. Such measures may include redistributing decision-making roles and resources. General recommendation No. 25 emphasizes that, where necessary, those measures should be directed at women subjected to multiple discrimination, including rural women.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-34-0021","docId":"cedaw-c-gc-34","idx":21,"n":21,"text":"21. States parties should develop and implement temporary special measures to accelerate the achievement of substantive equality for rural women in all areas in which they are underrepresented or disadvantaged, including in political and public life, education, health and employment.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0022","docId":"cedaw-c-gc-34","idx":22,"n":22,"text":"22. Article 5 (a) addresses the elimination of discriminatory stereotypes and practices, which are often more prevalent in rural areas. Rural women and girls are often disadvantaged by harmful practices (see CEDAW/C/GC/31-CRC/C/GC/18, para. 9), such as child and/or forced marriage, polygamy and female genital mutilation, which endanger their health and well-being and may push them to migrate in order to escape such practices, potentially exposing them to other risks. They are also disadvantaged by practices such as the inheritance of ancestral debt, which perpetuates cycles of poverty, and by discriminatory stereotypes and related practices that prevent them from enjoying rights over land, water and natural resources, such as male primogeniture and property grabbing from widows.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"article":"5","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text states 'Article 5 (a) addresses the elimination of discriminatory stereotypes and practices' — CEDAW art. 5 (social and cultural patterns). Home treaty, single regex ref, explicit labelling."}]},{"id":"cedaw-c-gc-34-0023","docId":"cedaw-c-gc-34","idx":23,"n":23,"text":"23. In line with general recommendation No. 31 (2014) on harmful practices, States parties should eliminate harmful practices, including child and/or forced marriage, female genital mutilation and the inheritance of ancestral debt, which negatively affect the health, well-being and dignity of rural women and girls. They should eliminate discriminatory stereotypes, including those that compromise the equal rights of rural women to land, water and other natural resources. In this regard, States parties should adopt a range of measures, including outreach and support programmes, awareness-raising and media campaigns, in collaboration with traditional leaders and civil society, to eliminate harmful practices and stereotypes.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0024","docId":"cedaw-c-gc-34","idx":24,"n":24,"text":"24. In general recommendation No. 19 (1992) on violence against women, it is stated that rural women are at risk of violence because of traditional attitudes regarding the subordinate role of women that persist in many rural communities. Girls from rural communities are at special risk of violence, sexual exploitation and harassment when they leave the rural community to seek employment in towns. Rural women human rights defenders are often at risk of violence when working, for example, to protect victims, transform local customs or secure natural resource rights.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0025","docId":"cedaw-c-gc-34","idx":25,"n":25,"text":"25. States parties should prevent and eliminate all forms of violence against rural women and girls, and, in line with general recommendations No. 19 and No. 33:","labels":["Migrants","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0026","docId":"cedaw-c-gc-34","idx":26,"n":26,"text":"26. Article 6 on the suppression of the traffic in women and of the exploitation of prostitution has special relevance for rural women and girls, including indigenous women and girls, who face specific risks because they live in remote areas. The economic hardships of rural life, alongside the lack of information on trafficking and how traffickers operate, can make them especially vulnerable, in particular in conflict-affected regions.","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"cedaw-c-gc-34-0027","docId":"cedaw-c-gc-34","idx":27,"n":27,"text":"27. States parties should address the root causes of the traffic in women by economically empowering rural women and raising awareness in rural areas of the risks of being lured by traffickers and the ways in which traffickers operate. States parties should ensure that anti-trafficking legislation addresses the social and economic challenges faced by rural women and girls and provide gender-responsive training on prevention measures, protection and assistance for victims to the judiciary, the police, border guards, other law enforcement officials and social workers, especially in rural areas and indigenous communities.","labels":["Indigenous peoples","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0028","docId":"cedaw-c-gc-34","idx":28,"n":28,"text":"28. Article 9 provides that States parties shall grant women equal rights with men to acquire, change or retain their nationality. Rural women and their children may be deprived of their rights if not recognized as citizens of their countries. Their statelessness is often the consequences of discriminatory legislation whereby women cannot pass on their nationality to their children and foreign spouse or may risk losing their nationality through marriage with a foreigner or as a consequence of divorce. In addition, identity documents may be more difficult to acquire in rural areas, owing in particular to the lack of birth registration or of marriage, divorce or death certificates.","labels":["Women/girls","Children","Persons living in rural/remote areas","Non-citizens and stateless"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"}]},{"id":"cedaw-c-gc-34-0029","docId":"cedaw-c-gc-34","idx":29,"n":29,"text":"29. In line with general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, States parties should ensure that rural women may acquire, change, retain or renounce their nationality, or transfer it to their children and foreign spouse under the same conditions as men, and that they are aware of their rights in this regard. States parties should also provide rural women with access to personal identification documents (such as identity cards, passports and social security numbers) and ensure that civil registration procedures, including for birth, marriage, divorce and death, are accessible in rural areas.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0030","docId":"cedaw-c-gc-34","idx":30,"n":30,"text":"30. Article 15 provides for equality of women and men before the law and identical legal capacity in civil matters, so that, for example, rural women have the same legal capacity as men to conclude contracts and administer property independent of their husband or any male guardian.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-34-0031","docId":"cedaw-c-gc-34","idx":31,"n":31,"text":"31. States parties should ensure that rural women are equal before the law and have the same legal capacity as men in civil matters, including to conclude contracts and administer property independent of their husband or any male guardian.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0032","docId":"cedaw-c-gc-34","idx":32,"n":32,"text":"32. Article 16 provides for equality for women in marriage and family relations, which is something that many rural women do not enjoy owing to discriminatory social norms, practices and laws, plural justice systems where they exist, or the lack of enforcement of relevant laws. Girls from rural communities are at special risk of child and/or forced marriage and early pregnancy. Rural women are also disproportionately affected by polygamy, which severely undermines equality in marriage and family relations.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-34-0033","docId":"cedaw-c-gc-34","idx":33,"n":33,"text":"33. States parties should harmonize personal status and family laws with article 16, in line with general recommendations No. 21 (1994) on equality in marriage and family relations and No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, guarantee that rural women have equal rights in marriage, including to marital property upon divorce or death of their spouse and to maintenance or alimony, and raise awareness of women’s rights within marriage in rural areas.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"],"citedArticles":[{"treaty":"CEDAW","article":"16","source":"regex"}]},{"id":"cedaw-c-gc-34-0034","docId":"cedaw-c-gc-34","idx":34,"n":34,"text":"34. States parties should take steps to prevent and prohibit child and/or forced marriage among rural women and girls, including through the reform and enforcement of laws prohibiting such practices in rural areas, media campaigns, particularly aimed at raising the awareness of men, the provision of school-based prevention programmes, including comprehensive age-appropriate sexual and reproductive health education, as well as the provision of social and health services for rural married girls and girls at risk of child and/or forced marriage. In addition, States parties should discourage and prohibit the practice of polygamy, which may be more common in rural areas.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["III. Overarching State party obligations to respect, protect and fulfil the rights of rural women","C. Article 14, paragraph 1, read alongside articles 3, 4, paragraph 1, 5, paragraph (a), 6, 9, 15 and 16"]},{"id":"cedaw-c-gc-34-0035","docId":"cedaw-c-gc-34","idx":35,"n":35,"text":"35. Rural women must be regarded as drivers of sustainable development. Notwithstanding the vital role of rural women in agriculture and rural development, policies and initiatives are often not gender-responsive and rural women often do not benefit from enabling frameworks. The rights of rural women are also often not taken into consideration in disarmament, demobilization and reintegration efforts in conflict and post-conflict environments.","labels":["Women/girls","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","A. Right to participate in and benefit from rural development (art. 14, para. 2 (a))"]},{"id":"cedaw-c-gc-34-0036","docId":"cedaw-c-gc-34","idx":36,"n":36,"text":"36. States parties should establish enabling institutional, legal and policy frameworks to ensure that rural development, agricultural and water policies, including with respect to forestry, livestock, fisheries and aquaculture, are gender-responsive and have adequate budgets. States parties should ensure:","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","A. Right to participate in and benefit from rural development (art. 14, para. 2 (a))"]},{"id":"cedaw-c-gc-34-0037","docId":"cedaw-c-gc-34","idx":37,"n":37,"text":"37. Access to health care, including sexual and reproductive health care, is often extremely limited for rural women, including older women and women with disabilities, owing to prevailing social norms and patriarchal attitudes, insufficient budget allocations to rural health services, the lack of infrastructure and trained personnel, the lack of information on modern methods of contraception, remoteness and the lack of transport. The lack of access to adequate food and nutrition, safe drinking water, sanitation and waste management facilities results in increased health risks. Some conditions, such as obstetric fistula, are also more prevalent among rural women and result directly from the lack of access to emergency health services capable of performing caesarean sections, and indirectly from early pregnancy and malnutrition.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","B. Health-care services (art. 14, para. 2 (b), read alongside art. 12)"]},{"id":"cedaw-c-gc-34-0038","docId":"cedaw-c-gc-34","idx":38,"n":38,"text":"38. Maternal mortality and morbidity are disproportionately high in many rural areas. Child marriage exposes rural girls to early pregnancy and significantly contributes to maternal mortality, in particular in developing countries. Globally, the presence of skilled birth attendants and medical personnel is lower in rural than urban areas and leads to poor prenatal, perinatal and postnatal care. There is a greater unmet need for family planning services and contraception owing to poverty, the lack of information and the limited availability and accessibility of services. Rural women are more likely to resort to unsafe abortion than their urban counterparts, a situation that puts their lives at risk and compromises their health. Even in countries in which abortion is legal, restrictive conditions, including unreasonable waiting periods, often impede access for rural women. When abortion is illegal, the health impact is even greater.","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","B. Health-care services (art. 14, para. 2 (b), read alongside art. 12)"]},{"id":"cedaw-c-gc-34-0039","docId":"cedaw-c-gc-34","idx":39,"n":39,"text":"39. States parties should safeguard the right of rural women and girls to adequate health care, and ensure:","labels":["Women/girls","Children","Adolescents","Persons with disabilities","Persons living with HIV/AIDS","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","B. Health-care services (art. 14, para. 2 (b), read alongside art. 12)"]},{"id":"cedaw-c-gc-34-0040","docId":"cedaw-c-gc-34","idx":40,"n":40,"text":"40. Article 14, paragraph 2 (c), provides that States parties shall ensure that rural women benefit directly from social security programmes. However, a majority of rural women have limited opportunities in the formal labour market and are more likely to be engaged in activities not regulated by labour codes and social security legislation linked with formal employment. They are therefore exposed to increased risks and need measures of social protection that take their situation into account.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","C. Economic and social life (art. 14, para. 2 (c), read alongside art. 11, paras. 1 (e) and 2 (b), and art. 13 (a))"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0041","docId":"cedaw-c-gc-34","idx":41,"n":41,"text":"41. To eliminate discrimination against rural women in economic and social life, States parties should:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","C. Economic and social life (art. 14, para. 2 (c), read alongside art. 11, paras. 1 (e) and 2 (b), and art. 13 (a))"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0042","docId":"cedaw-c-gc-34","idx":42,"n":42,"text":"42. Worldwide, rural women and girls have lower levels of literacy and are disadvantaged when it comes to access to education and training. Rural girls may be victims of child and/or forced marriage and experience sexual harassment and violence in and out of educational settings, which may force them to drop out of school. Their school attendance is also often curtailed by chores, such as domestic and care work, including cooking, childcare, farm work and fetching water and firewood, the long distances to travel to school and the lack of adequate water, toilet facilities and sanitation in schools, which fail to meet the needs of menstruating girls. In some regions, students and teachers in girls’ schools face threats and attacks from opponents of girls’ education.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"]},{"id":"cedaw-c-gc-34-0043","docId":"cedaw-c-gc-34","idx":43,"n":43,"text":"43. States parties should protect the right of rural girls and women to education, and ensure that:","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"]},{"id":"cedaw-c-gc-34-0044","docId":"cedaw-c-gc-34","idx":44,"n":44,"text":"44. In addition to training and education, article 14, paragraph 2 (d), also provides that rural women shall be able to benefit from community and extension services, which play an important role in education for farmers, farm productivity and women’s economic empowerment. Those services often do not respond effectively to rural women’s priorities, capacities and needs, and insufficiently promote their access to technical knowledge.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0045","docId":"cedaw-c-gc-34","idx":45,"n":45,"text":"45. States parties should improve the design and delivery of high-quality agricultural extension and rural advisory services, recognizing women as farmers and clients. Such services should ensure that male and female extension and rural advisory service staff have expertise in gender-responsive programme design and delivery and are regularly trained on women’s rights, gender equality, gender analysis and gender-responsive programming. States parties should adopt, implement and regularly monitor and evaluate genderresponsive agricultural extension and rural advisory policies and programmes.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"]},{"id":"cedaw-c-gc-34-0046","docId":"cedaw-c-gc-34","idx":46,"n":46,"text":"46. States parties should promote rural women’s representation in agricultural extension services by employing a greater number of women as extension and advisory staff, and ensure that organizational policies are supportive of the rights, needs and aspirations of women. States parties should also increase the proportion of educational content provided through extension services that is relevant to rural women by employing additional female scientists in agricultural research.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"]},{"id":"cedaw-c-gc-34-0047","docId":"cedaw-c-gc-34","idx":47,"n":47,"text":"47. States parties should specifically promote rural women’s access to technical knowledge on food harvesting techniques, preservation, storage, processing, packaging, marketing and entrepreneurship.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","D. Education (art. 14, para. 2 (d), read alongside art. 10 (a))"]},{"id":"cedaw-c-gc-34-0048","docId":"cedaw-c-gc-34","idx":48,"n":48,"text":"48. Rural women have limited paid employment opportunities and tend to work extremely long hours in low-skilled, part-time, seasonal, low-paid or unpaid jobs, home-based activities and subsistence farming. They are disproportionately represented in the informal sector, uncovered by social protection. Unequal access to income diversification opportunities often results in rural women being poorer than rural men.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","E. Employment (art. 14, para. 2 (e), read alongside art. 11)"]},{"id":"cedaw-c-gc-34-0049","docId":"cedaw-c-gc-34","idx":49,"n":49,"text":"49. Rural women are overrepresented among agricultural workers in many regions, exposing them to increased health risks linked to the improper and extensive use of fertilizers and pesticides by various actors, resulting in illnesses, early deaths, pregnancy complications, fetal disorders and physical and developmental disorders in infants and children. Those risks are compounded by their underrepresentation in agricultural cooperatives, farmers’ and producers’ organizations, land administration and rural workers’ organizations, and their limited access to extension services.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","E. Employment (art. 14, para. 2 (e), read alongside art. 11)"]},{"id":"cedaw-c-gc-34-0050","docId":"cedaw-c-gc-34","idx":50,"n":50,"text":"50. States parties should fully incorporate the right to decent conditions of work and the principle of equal pay for work of equal value into their legal and policy frameworks, paying special attention to the situation and labour force representation of rural women, in line with general recommendations No. 13 (1989) on equal remuneration for work of equal value and No. 23.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","E. Employment (art. 14, para. 2 (e), read alongside art. 11)"]},{"id":"cedaw-c-gc-34-0051","docId":"cedaw-c-gc-34","idx":51,"n":51,"text":"51. States parties should strengthen local rural economies, including through the promotion of social and solidarity economies, and create local employment opportunities and livelihoods for rural women in the context of sustainable development. They should review relevant laws, regulations and policies that limit rural women’s access to decent employment and eliminate practices that discriminate against women in rural labour markets, such as not hiring women for certain jobs.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","E. Employment (art. 14, para. 2 (e), read alongside art. 11)"]},{"id":"cedaw-c-gc-34-0052","docId":"cedaw-c-gc-34","idx":52,"n":52,"text":"52. States parties should further ensure rural women’s rights to employment by:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","E. Employment (art. 14, para. 2 (e), read alongside art. 11)"]},{"id":"cedaw-c-gc-34-0053","docId":"cedaw-c-gc-34","idx":53,"n":53,"text":"53. Rural women have a right to participate in decision-making at all levels and in community-level discussions with high authorities, yet they are inadequately represented as elected officials, as civil servants, in rural extension and water, forestry or fishery services, in cooperatives and in community or elders’ councils. Their limited participation may be due to a lack of education, language and literacy constraints, limited mobility and transport, conflict and security concerns, discriminatory gender norms and stereotypes and a lack of time owing to childcare, the task of fetching water and other responsibilities. Limited knowledge of relevant legal, political and institutional procedures may also limit their effective participation in decision-making processes.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","F. Political and public life (art. 14, paras. 2 (a) and 2 (f), read alongside art. 7)"]},{"id":"cedaw-c-gc-34-0054","docId":"cedaw-c-gc-34","idx":54,"n":54,"text":"54. To ensure the active, free, effective, meaningful and informed participation of rural women in political and public life, and at all levels of decision-making, States parties should implement general recommendations Nos. 23 and 25, and specifically:","labels":["Women/girls","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","F. Political and public life (art. 14, paras. 2 (a) and 2 (f), read alongside art. 7)"]},{"id":"cedaw-c-gc-34-0055","docId":"cedaw-c-gc-34","idx":55,"n":55,"text":"55. Rural women often have only limited rights over land and natural resources. In many regions, they suffer from discrimination in relation to land rights, including with respect to communal lands, which are controlled largely by men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)"]},{"id":"cedaw-c-gc-34-0056","docId":"cedaw-c-gc-34","idx":56,"n":56,"text":"56. The Committee considers rural women’s rights to land, natural resources, including water, seeds and forests, and fisheries as fundamental human rights. Barriers that prevent them from enjoying these rights often include discriminatory laws, the lack of harmonization of laws and their ineffective implementation at the national and local levels, and discriminatory cultural attitudes and practices.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","1. Land and natural resources"]},{"id":"cedaw-c-gc-34-0057","docId":"cedaw-c-gc-34","idx":57,"n":57,"text":"57. States parties should take all measures, including temporary special measures, necessary to achieve the substantive equality of rural women in relation to land and natural resources, and design and implement a comprehensive strategy to address discriminatory stereotypes, attitudes and practices that impede their rights to land and natural resources.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","1. Land and natural resources"]},{"id":"cedaw-c-gc-34-0058","docId":"cedaw-c-gc-34","idx":58,"n":58,"text":"58. States parties should pay special attention to customary systems, which often govern land management, administration and transfer, in particular in rural areas, and ensure that they do not discriminate against rural women. They should raise awareness about rural women’s rights to land, water and other natural resources among traditional, religious and customary leaders, lawmakers, the judiciary, lawyers, law enforcement authorities, land administrators, the media and other relevant actors.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","1. Land and natural resources"]},{"id":"cedaw-c-gc-34-0059","docId":"cedaw-c-gc-34","idx":59,"n":59,"text":"59. States parties should ensure that legislation guarantees rural women’s rights to land, water and other natural resources on an equal basis with men, irrespective of their civil and marital status or of a male guardian or guarantor, and that they have full legal capacity. They should ensure that indigenous women in rural areas have equal access with indigenous men to ownership and possession of and control over land, water, forests, fisheries, aquaculture and other resources that they have traditionally owned, occupied or otherwise used or acquired, including by protecting them against discrimination and dispossession. In addition, States parties should:","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","1. Land and natural resources"]},{"id":"cedaw-c-gc-34-0060","docId":"cedaw-c-gc-34","idx":60,"n":60,"text":"60. The consequences of industrial agriculture have often been detrimental to rural women farmers and have included soil degradation and erosion, water depletion and the use of cash crops to the detriment of local food crops. The controversial use of genetically modified organisms and the patenting of genetically altered crops are also linked to increased agricultural industrialization. Rural women, however, are more often engaged in organic and sustainable farming practices.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","2. Agricultural and land policies and organic farming"]},{"id":"cedaw-c-gc-34-0061","docId":"cedaw-c-gc-34","idx":61,"n":61,"text":"61. Global food, energy, financial and environmental crises have led to the increased sale and leasing of land owned by the State or other actors to local, national and foreign investors. Such agreements, often accompanied by expropriations, have put rural women at risk of forced eviction and increased poverty and have further diminished their access to and control over land, territories and natural resources, such as water, fuelwood and medicinal plants. Displacement negatively affects rural women in multiple ways, and they often suffer gender-based violence in that context.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","2. Agricultural and land policies and organic farming"]},{"id":"cedaw-c-gc-34-0062","docId":"cedaw-c-gc-34","idx":62,"n":62,"text":"62. States parties should implement agricultural policies that support rural women farmers, recognize and protect the natural commons, promote organic farming and protect rural women from harmful pesticides and fertilizers. They should ensure that rural women have effective access to agricultural resources, including high-quality seeds, tools, knowledge and information, as well as equipment and resources for organic farming. In addition, States parties should:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","2. Agricultural and land policies and organic farming"]},{"id":"cedaw-c-gc-34-0063","docId":"cedaw-c-gc-34","idx":63,"n":63,"text":"63. Rural women are critical to achieving food security, reducing poverty, malnutrition and hunger and promoting rural development, yet their contribution is often unpaid, unacknowledged and poorly supported. Rural women are among those most affected by food insecurity, exposed to food price volatility, malnutrition and hunger, and likely to suffer when food prices escalate (see A/HRC/22/50).","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0064","docId":"cedaw-c-gc-34","idx":64,"n":64,"text":"64. States parties should ensure the realization of the right to food and nutrition of rural women within the framework of food sovereignty and ensure that they have the authority to manage and control their natural resources.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0065","docId":"cedaw-c-gc-34","idx":65,"n":65,"text":"65. States parties should pay particular attention to the nutritional needs of rural women, in particular pregnant and lactating women, putting in place effective policies ensuring that rural women have access to adequate food and nutrition, taking into account the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0066","docId":"cedaw-c-gc-34","idx":66,"n":66,"text":"66. States parties should adopt laws, policies and measures to promote and protect the diverse local agricultural methods and products of rural women and their access to markets. They should ensure the diversity of crops and medicinal resources to improve rural women’s food security and health, as well as access to livestock.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0067","docId":"cedaw-c-gc-34","idx":67,"n":67,"text":"67. Access to financial services on fair terms is crucial for the development of rural women’s enterprises and for their income-generating and livelihood strategies as producers and entrepreneurs. Constraints on women’s access to financial services include: legal and policy barriers, which may not allow women to apply for credit in their own right; discriminatory attitudes that prevent women from holding bank accounts or entering into contracts without the consent of a male relative; and requests for collaterals that rural women may lack.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0068","docId":"cedaw-c-gc-34","idx":68,"n":68,"text":"68. States parties should promote the transition to formal financial services and ensure rural women’s access to credit, loans, matrimonial savings, insurance and domestic payment services, on the basis of equality with rural men, and promote their economic, financial and business skills. States parties should ensure that rural women have equal access to:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition"]},{"id":"cedaw-c-gc-34-0069","docId":"cedaw-c-gc-34","idx":69,"n":69,"text":"69. States parties should ensure that financial services, including credit and loans, include gender-responsive mechanisms and are not withheld from rural women because they lack a male guarantor. Registration procedures should be adapted to the time and mobility challenges faced by many rural women. Agricultural credit and loans should allow for the untenured nature of the smallholdings held by many women farmers, so that rural women who may lack formal tenure rights are still able to gain access to them.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","3. Food and nutrition","insurance and domestic payment services, on the basis of equality with rural men, and promote their economic, financial and business skills. States parties should ensure that rural women have equal access to:"]},{"id":"cedaw-c-gc-34-0070","docId":"cedaw-c-gc-34","idx":70,"n":70,"text":"70. For rural women farmers and producers to sell their goods and produce successfully, they must have access to markets and marketing facilities and develop effective marketing skills. However, public and private discrimination, as well as limitations on mobility and time, may serve to exclude rural women from the use of marketing facilities and supply chains. Rural women also tend to be underrepresented on market committees and often have little input into the design, creation, use and upgrading of local marketing facilities.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","5. Markets and marketing facilities"]},{"id":"cedaw-c-gc-34-0071","docId":"cedaw-c-gc-34","idx":71,"n":71,"text":"71. States parties should ensure that rural women have access to markets and marketing facilities and that, as farmers and producers, they are explicitly consulted on their problems regarding access to and the effective use of markets, so that marketing facilities may better address their needs. States parties should also seek to improve their marketing skills and their skills to add value to their products, including through targeted outreach activities.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","5. Markets and marketing facilities"]},{"id":"cedaw-c-gc-34-0072","docId":"cedaw-c-gc-34","idx":72,"n":72,"text":"72. States should also develop specific support and agricultural extension programmes and advisory services to promote the economic and entrepreneurial skills of rural women and to improve their capacity to gain access to markets and value chains.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","5. Markets and marketing facilities"]},{"id":"cedaw-c-gc-34-0073","docId":"cedaw-c-gc-34","idx":73,"n":73,"text":"73. Reducing rural women’s labour time and effort through infrastructure and technological innovation is particularly vital. In this regard, they are in need of agricultural, irrigation and water-harvesting technology and labour-saving agricultural equipment. Furthermore, the access of rural women to information and communications technology (ICT) and mobile networks is as important as improving their marketing and other skills.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","6. Technology"]},{"id":"cedaw-c-gc-34-0074","docId":"cedaw-c-gc-34","idx":74,"n":74,"text":"74. States parties should ensure that labour-saving and environmentally sound technology, including agricultural, irrigation and water-harvesting technology, and technology to reduce the burden of unpaid domestic and productive work are available and accessible to rural women and create enabling environments that improve their access to technology, including ICT, in rural areas. Rural women should be consulted in the development of such technology and their access to such innovative technological solutions should be promoted.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","6. Technology"]},{"id":"cedaw-c-gc-34-0075","docId":"cedaw-c-gc-34","idx":75,"n":75,"text":"75. ICT (including radio, television, mobile phones, computers and the Internet) plays an important role in empowering rural women and girls by connecting them to the broader world and providing easy access to information and education. Various forms of technology can meet a diversity of needs, from joining online communities to taking advantage of distance learning. However, rural women and girls are disproportionately affected by gender gaps in access to ICT, which is an important dimension of the digital divide. For rural women and girls, poverty, geographic isolation, language barriers, a lack of computer literacy and discriminatory gender stereotypes can all hamper access to ICT.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","7. Information and communications technology"]},{"id":"cedaw-c-gc-34-0076","docId":"cedaw-c-gc-34","idx":76,"n":76,"text":"76. States parties should adopt measures to promote gender equality in the ICT sector and improve the access of rural women and girls to ICT, as well as develop or expand initiatives to increase their ICT skills, for example, through the development of village-based or community-based knowledge centres. States parties should also explore public awareness-raising and training through mobile phone technology, which has the potential to reach rural women and girls.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","7. Information and communications technology"]},{"id":"cedaw-c-gc-34-0077","docId":"cedaw-c-gc-34","idx":77,"n":77,"text":"77. Land and agrarian reform often exclude rural women and are not implemented in a gender-responsive manner. Land reform policies sometimes have a male bias, such as registering land only in men’s names, making compensation payments mostly in their name or compensating for land use restrictions (resulting in the loss of land, the loss of use and the loss of land value) based only on men’s activities.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","7. Information and communications technology"]},{"id":"cedaw-c-gc-34-0078","docId":"cedaw-c-gc-34","idx":78,"n":78,"text":"78. States parties should give priority to rural women’s equal rights to land when undertaking land and agrarian reforms and consider it a specific and central objective of land reform. They should:","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","G. Land and natural resources (art. 14, para. 2 (g), read alongside art. 13)","7. Information and communications technology"]},{"id":"cedaw-c-gc-34-0079","docId":"cedaw-c-gc-34","idx":79,"n":79,"text":"79. The right to adequate housing is of particular concern in rural areas, where basic infrastructure and services are often inaccessible or of poor quality. Many of the measures that protect rural women’s rights to land (for example, the recognition of women’s legal capacity, the recognition of the security of tenure and the elimination of discrimination against women in registration and titling) can be applied to protect their right to adequate housing (see A/HRC/19/53). However, additional measures can also be taken to improve the conditions of rural housing from a gender-responsive perspective.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","1. Housing"]},{"id":"cedaw-c-gc-34-0080","docId":"cedaw-c-gc-34","idx":80,"n":80,"text":"80. States parties should address housing as part of overall rural development and ensure that measures are developed in consultation with rural women. States parties should improve the quality of rural housing through the design and implementation of targeted policies and programmes that take into account the specific needs of rural women. Such efforts should be made in line with international housing rights standards, including the basic principles and guidelines on development-based evictions and displacement (A/HRC/4/18, annex I), and should contain strong measures to protect rural women effectively from forced eviction by State and non-State actors.","labels":["Women/girls","Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","1. Housing"]},{"id":"cedaw-c-gc-34-0081","docId":"cedaw-c-gc-34","idx":81,"n":81,"text":"81. The rights of rural women and girls to water and sanitation are not only essential rights in themselves but also key to the realization of a wide range of other rights, including rights to health, food, education and participation.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","2. Water, sanitation and energy"]},{"id":"cedaw-c-gc-34-0082","docId":"cedaw-c-gc-34","idx":82,"n":82,"text":"82. Rural women and girls are among those most affected by water scarcity; a situation that is aggravated by unequal access to natural resources and the lack of infrastructure and services. Rural women and girls are frequently obliged to walk long distances to fetch water, sometimes exposing them to a heightened risk of sexual violence and attacks. Owing to poor rural infrastructure and services in many regions, rural women often spend four to five hours per day (or more) collecting water from sometimes poor-quality sources, carrying heavy containers and suffering acute physical problems, as well as facing illnesses caused by the use of unsafe water. Various forms of low-cost and effective technology exist that could ease the burden, including well-drilling technology, water extraction systems, wastewater reuse technology, labour-saving irrigation technology, rain-harvesting and household water treatment and purification systems.","labels":["Women/girls","Children","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","2. Water, sanitation and energy"]},{"id":"cedaw-c-gc-34-0083","docId":"cedaw-c-gc-34","idx":83,"n":83,"text":"83. In the absence of toilets or latrines, rural women and girls must also walk long distances in search of privacy. The lack of adequate sanitation also increases their risk of ill health. To remedy this situation, rural women and girls must have physical and economic access to sanitation that is safe, hygienic, secure and socially and culturally acceptable.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","2. Water, sanitation and energy"]},{"id":"cedaw-c-gc-34-0084","docId":"cedaw-c-gc-34","idx":84,"n":84,"text":"84. Rural women’s access to electricity and other forms of energy is often limited. The responsibility for biomass collection and use for energy production, and the associated health and safety risks, falls primarily on women and girls. They are traditionally responsible for meeting household energy requirements and, as the principal consumers of energy at the household level, are also likely to be more directly affected by cost increases or resource scarcity. While a specific reference to electricity is made in article 14, paragraph 2 (h), it is important to recognize that rural women may also have other energy needs, for example for cooking, heating, cooling and transportation.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","2. Water, sanitation and energy"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0085","docId":"cedaw-c-gc-34","idx":85,"n":85,"text":"85. States parties should ensure that rural women have access to essential services and public goods, including:","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","2. Water, sanitation and energy"]},{"id":"cedaw-c-gc-34-0086","docId":"cedaw-c-gc-34","idx":86,"n":86,"text":"86. Transport and road access pose significant challenges for rural women and have an impact on their enjoyment of various rights, including access to education, livelihood opportunities and health care. Geographical distance, inhospitable terrain, a lack of infrastructure and access to public transportation can all limit day-to-day mobility. Even when transportation alternatives are available in rural areas, the associated costs of travel or risks of sexual harassment and violence can serve as strong disincentives for rural women to use them. Consequently, they often spend long hours travelling by foot, creating other problems for them in terms of increased time poverty and risks to health and safety.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","3. Transportation"]},{"id":"cedaw-c-gc-34-0087","docId":"cedaw-c-gc-34","idx":87,"n":87,"text":"87. States parties should analyse the sex-differentiated demands for transport services in rural areas, ensure that transportation sector policies and programmes reflect the mobility needs of rural women and provide them with safe, affordable and accessible means of transport.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["IV. State party obligations in relation to specific dimensions of the rights of rural women","H. Adequate living conditions (art. 14, para. 2 (h))","3. Transportation"]},{"id":"cedaw-c-gc-34-0088","docId":"cedaw-c-gc-34","idx":88,"n":88,"text":"88. Rural women in developed and developing countries often face similar challenges in terms of poverty and exclusion and may have similar needs in terms of accessible services, social protection and economic empowerment. As in many developing countries, rural economies in developed countries tend to favour men, and rural development policies in developed countries may also at times pay scant attention to women’s needs and rights. Rural women in developed countries (and in developing countries) continue to need targeted policies and programmes that promote and guarantee the enjoyment of their rights. Many of the recommendations made in the preceding sections will be relevant to the situation of rural women living in developed countries. Nonetheless, there are unique issues that merit special attention.","labels":["Women/girls","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Rural women in developed countries"]},{"id":"cedaw-c-gc-34-0089","docId":"cedaw-c-gc-34","idx":89,"n":89,"text":"89. For example, many migrant women workers in developed countries are employed in agriculture and often face serious violations of their human rights, including violence, exploitation and denial of access to services, including health care. In addition, the move to industrial farming in many developed countries has tended to marginalize small farmers, having a disproportionate impact on rural women. There is therefore a need to facilitate and support alternative and genderresponsive agricultural development programmes that enable small-scale women producers to participate in and benefit from agriculture and rural development. In addition, while rural communities in developed countries may often be well connected to social services and have access to transportation infrastructure, water, sanitation, technology, education and health-care systems, among others, the situation is not equal across all rural communities. In many places, such access is noticeably lacking, and women living within those rural communities experience not only the deprivation of such rights but also an increased burden of care work as a result. This holds particularly true in peripheral or remote rural communities, including indigenous ones, which are isolated and tend to have higher levels of poverty.","labels":["Indigenous peoples","Migrants","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Rural women in developed countries"]},{"id":"cedaw-c-gc-34-0090","docId":"cedaw-c-gc-34","idx":90,"n":90,"text":"90. States parties should ensure the implementation of general recommendation No. 26 (2008) on women migrant workers, paying special attention to rural women working as seasonal migrant farmworkers. They should in this regard ensure legal protection for the rights of rural women migrant workers and access to remedies, protecting both documented and undocumented rural women migrant workers from discrimination or sex-based exploitation and abuse.","labels":["Migrants","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Rural women in developed countries"]},{"id":"cedaw-c-gc-34-0091","docId":"cedaw-c-gc-34","idx":91,"n":91,"text":"States parties should facilitate and support alternative and gender-responsive agricultural development programmes that enable small-scale women producers to participate in and benefit from agriculture and rural development. Such programmes should support women-led farms and women as farmers and promote women’s traditional farming practices.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Rural women in developed countries"]},{"id":"cedaw-c-gc-34-0092","docId":"cedaw-c-gc-34","idx":92,"n":92,"text":"92. States parties should improve the living situation of rural women, in particular indigenous ones, who reside in peripheral regions, which tend to be poorer, more isolated and less connected to social services. They should accord priority to the development of those rural communities, engaging local women in the design and implementation of rural development plans.","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["I. Rural women in developed countries"]},{"id":"cedaw-c-gc-34-0093","docId":"cedaw-c-gc-34","idx":93,"n":93,"text":"93. A fundamental challenge to the implementation of article 14 is a general lack of disaggregated data about the situation of rural women, which prevents the adequate monitoring and enforcement of their rights under the Convention.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["V. Data on the situation of rural women"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0094","docId":"cedaw-c-gc-34","idx":94,"n":94,"text":"94. States parties should collect, analyse, use and disseminate data on the situation of rural women, disaggregated by sex, age, geographical location, disability and socioeconomic, minority or other status. Such data, including for Sustainable Development Goal indicators, should be used to inform and design measures, including temporary special measures, aimed at achieving substantive equality for rural women in all spheres of life. Those data should also include information on the situation of rural women, including on specific groups of rural women who face intersecting forms of discrimination and specific barriers in gaining access to their rights.","labels":["Women/girls","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["V. Data on the situation of rural women"]},{"id":"cedaw-c-gc-34-0095","docId":"cedaw-c-gc-34","idx":95,"n":95,"text":"95. Reservations to any article of the Convention, and in particular articles 2 (f), 5 (a), 7, 9 and 14 to 16, may have a disproportionate impact on rural women. Examples include reservations limiting or otherwise adversely affecting their ability to enjoy rights to housing, land and property, such as those relating to succession and inheritance, as well as reservations limiting their right to political participation.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["VI. Reservations and declarations"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-34-0096","docId":"cedaw-c-gc-34","idx":96,"n":96,"text":"96. States parties that have entered reservations should provide information in their periodic reports to the Committee on the specific effects of such reservations on the enjoyment by rural women of their rights, as set out in the Convention, and indicate the steps taken to keep those reservations under review, with a view to withdrawing them as soon as possible.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["VI. Reservations and declarations"]},{"id":"cedaw-c-gc-34-0097","docId":"cedaw-c-gc-34","idx":97,"n":97,"text":"97. The Committee encourages States parties to translate the present general recommendation into national and local languages, including indigenous and minority languages, and to disseminate it widely to all branches of government, civil society, the media, academic institutions and women’s organizations, including rural women’s organizations. The Committee recommends that, when preparing their periodic reports, especially as regards article 14, States parties consult rural women’s groups, including women farmers’ organizations, producer collectives and rural cooperatives.","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2016,"section":["VII. Dissemination and reporting"],"citedArticles":[{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-35-0001","docId":"cedaw-c-gc-35","idx":1,"n":1,"text":"In its general recommendation No. 19 (1992) on violence against women, adopted at its eleventh session,[[fn:1]] the Committee clarified that discrimination against women, as defined in article 1 of the Convention, included gender-based violence, that is “violence which is directed against a woman because she is a woman or that affects women disproportionately”, and that it constituted a violation of their human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":1,"text":"Although first addressed through its general recommendation No. 12 (1989) on violence against women, it was in general recommendation No. 19 that the Committee provided a detailed and comprehensive review of violence against women and a basis for its subsequent work on the issue."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"cedaw-c-gc-35-0002","docId":"cedaw-c-gc-35","idx":2,"n":2,"text":"For more than 25 years, in their practice, States parties have endorsed the Committee’s interpretation. The opinio juris and State practice suggest that the prohibition of gender-based violence against women has evolved into a principle of 17-12719 (E) 290817 customary international law. General recommendation No. 19 has been a key catalyst for that process.[[fn:2]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[],"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0003","docId":"cedaw-c-gc-35","idx":3,"n":3,"text":"3. Acknowledging those developments, and the work of the Special Rapporteur on violence against women, its causes and consequences, and of the human rights treaty bodies[[fn:3]] and the special procedures mandate holders of the Human Rights Council,[[fn:4]] the Committee has decided to mark the twenty-fifth anniversary of the adoption of general recommendation No. 19 by providing States parties with further guidance aimed at accelerating the elimination of gender-based violence against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":3,"text":"See, for example, Human Rights Committee, general comment No. 28 (2000) on the equality of rights between men and women; Committee against Torture, general comment No. 2 (2007) on the implementation of article 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016) on the right to sexual and reproductive health; and Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016) on women and girls with disabilities."},{"n":4,"text":"In particular, the Working Group on the issue of discrimination against women in law and practice and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0004","docId":"cedaw-c-gc-35","idx":4,"n":4,"text":"4. The Committee acknowledges that civil society groups, especially women’s non-governmental organizations, have prioritized the elimination of gender-based violence against women; their activities have had a profound social and political impact, contributing to the recognition of gender-based violence against women as a human rights violation and to the adoption of laws and policies to address it.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0005","docId":"cedaw-c-gc-35","idx":5,"n":5,"text":"5. In its concluding observations on the periodic reports of States parties under the Convention[[fn:5]] and the related follow-up procedures, general recommendations, statements, and views and recommendations issued in response to communications[[fn:6]] and inquiries[[fn:7]] under the Optional Protocol to the Convention, the Committee condemns gender-based violence against women, in all its forms, wherever it occurs. Through those mechanisms, the Committee has also clarified standards for eliminating such violence and the obligations of States parties in that regard.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":5,"text":"Almost 600 concluding observations have been adopted by the Committee since the adoption of general recommendation No. 19, most of which contain explicit references to gender-based violence against women."},{"n":6,"text":"In particular, communications No. 2/2003, A.T. v. Hungary, views adopted on 26 January 2005; No. 4/2004, A.S. v. Hungary, views adopted on 14 August 2006; No. 6/2005, Yildirim (deceased) v. Austria, views adopted on 6 August 2007; No. 5/2005, Goekce (deceased) v. Austria, views adopted on 6 August 2007; No. 18/2008, Vertido v. Philippines, views adopted on 16 July 2010; No. 20/2008, V.K. v. Bulgaria, views adopted on 25 July 2011; No. 23/2009, Abramova v. Belarus, views adopted on 25 July 2011; No. 19/2008, Kell v. Canada, views adopted on 28 February 2012; No. 32/2011, Jallow v. Bulgaria, views adopted on 23 July 2012; No. 31/2011, S.V.P. v. Bulgaria, views adopted on 12 October 2012; No. 34/2011, R.P.B. v. Philippines, views adopted on 21 February 2014; No. 47/2012, González Carreño v. Spain, views adopted on 16 July 2014; No. 24/2009, X. and Y. v. Georgia, views adopted on 13 July 2015; No. 45/2012, Belousova v. Kazakhstan, views adopted on 13 July 2015; No. 46/2012, M.W. v. Denmark, views adopted on 22 February 2016; and No. 58/2013, L.R. v. Republic of Moldova, views adopted on 28 February 2017."},{"n":7,"text":"See the report on Mexico produced by the Committee under article 8 of the Optional Protocol to the Convention and the reply from the Government of Mexico. Available from http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno= CEDAW%2fC%2f2005%2fOP.8%2fMEXICO&Lang=en; report of the inquiry concerning Canada (CEDAW/C/OP.8/CAN/1); and the summary of the inquiry concerning the Philippines (CEDAW/C/OP.8/PHL/1)."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0006","docId":"cedaw-c-gc-35","idx":6,"n":6,"text":"6. Despite those advances, gender-based violence against women, whether committed by States, intergovernmental organizations or non-State actors, including private persons and armed groups,[[fn:8]] remains pervasive in all countries, with high levels of impunity. It manifests itself on a continuum of multiple, interrelated and recurring forms, in a range of settings, from private to public, including technology-mediated settings[[fn:9]] and in the contemporary globalized world it transcends national boundaries.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":8,"text":"This includes all types of armed groups, such as rebel forces, gangs and paramilitary groups."},{"n":9,"text":"See General Assembly resolution 68/181, entitled “Promotion of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: protecting women human rights defenders”; report of the Working Group for Broadband and Gender of the Broadband Commission for Sustainable Development, co-chaired by the United Nations Development Programme-United Nations Entity for Gender Equality and the Empowerment of Women (UNWomen), entitled “Cyber violence against women and girls: a worldwide wake-up call”, October 2015; and agreed conclusions of the fifty-seventh session of the Commission on the Status of Women (E/2013/27, chap. I, sect. A)."}],"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0007","docId":"cedaw-c-gc-35","idx":7,"n":7,"text":"7. In many States, legislation addressing gender-based violence against women is non-existent, inadequate or poorly implemented. An erosion of the legal and policy frameworks that aim to eliminate gender-based discrimination or violence, often justified in the name of tradition, culture, religion or fundamentalist ideology, and significant reductions in public spending, often as part of so-called “austerity measures” following economic and financial crises, further weaken States responses. In the context of shrinking democratic spaces and the consequent deterioration of the rule of law, all of those factors contribute to the pervasiveness of gender-based violence against women and lead to a culture of impunity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["I. Introduction"]},{"id":"cedaw-c-gc-35-0008","docId":"cedaw-c-gc-35","idx":8,"n":8,"text":"8. The present general recommendation complements and updates the guidance to States parties set out in general recommendation No. 19 and should be read in conjunction with it.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0009","docId":"cedaw-c-gc-35","idx":9,"n":9,"text":"9. The concept of “violence against women”, as defined in general recommendation No. 19 and other international instruments and documents, has places an emphasis on the fact that such violence is gender-based. Accordingly, in the present recommendation, the term “gender-based violence against women” is used as a more precise term that makes explicit the gendered causes and impacts of the violence. The term further strengthens the understanding of the violence as a social rather than an individual problem, requiring comprehensive responses, beyond those to specific events, individual perpetrators and victims/survivors.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0010","docId":"cedaw-c-gc-35","idx":10,"n":10,"text":"10. The Committee considers that gender-based violence against women is one of the fundamental social, political and economic means by which the subordinate position of women with respect to men and their stereotyped roles are perpetuated. Throughout its work, the Committee has made clear that such violence is a critical obstacle to the achievement of substantive equality between women and men and to the enjoyment by women of their human rights and fundamental freedoms, as enshrined in the Convention.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0011","docId":"cedaw-c-gc-35","idx":11,"n":11,"text":"11. In general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, it is indicated that the obligations of States are to respect, protect and fulfil women’s rights to non-discrimination and the enjoyment of de jure and de facto equality.[[fn:10]] The scope of those obligations in relation to gender-based violence against women occurring in particular contexts is addressed in general recommendation No. 28 and other general recommendations, including general recommendation No. 26 (2008) on women migrant workers; general recommendation No. 27 (2010) on older women and the protection of their human rights; general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations; joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices; general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women; general recommendation No. 33 (2015) on women’s access to justice; and general recommendation No. 34 (2016) on the rights of rural women. Further details on the relevant elements of the general recommendations referred to herein may be found in those recommendations.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":10,"text":"General recommendation No. 28, para. 9. Other human rights treaty bodies also use that typology, including the Committee on Economic, Social and Cultural Rights, in its general comment No. 12 (1999) on the right to adequate food."}],"section":["II. Scope"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-35-0012","docId":"cedaw-c-gc-35","idx":12,"n":12,"text":"12. In general recommendation No. 28 and general recommendation No. 33, the Committee confirmed that discrimination against women was inextricably linked to other factors that affected their lives. The Committee, in its jurisprudence, has highlighted the fact that such factors include women’s ethnicity/race, indigenous or minority status, colour, socioeconomic status and/or caste, language, religion or belief, political opinion, national origin, marital status, maternity, parental status, age, urban or rural location, health status, disability, property ownership, being lesbian, bisexual, transgender or intersex, illiteracy, seeking asylum, being a refugee, internally displaced or stateless, widowhood, migration status, heading households, living with HIV/AIDS, being deprived of liberty, and being in prostitution, as well as trafficking in women, situations of armed conflict, geographical remoteness and the stigmatization of women who fight for their rights, including human rights defenders.[[fn:11]] Accordingly, because women experience varying and intersecting forms of discrimination, which have an aggravating negative impact, the Committee acknowledges that gender-based violence may affect some women to different degrees, or in different ways, meaning that appropriate legal and policy responses are needed.[[fn:12]]","labels":["Indigenous peoples","Migrants","Women/girls","LGBTI+","Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":11,"text":"General recommendation No. 33, paras. 8 and 9. Other general recommendations relevant to intersecting forms of discrimination are general recommendation No. 15 (1990) on the avoidance of discrimination against women in national strategies for the prevention and control of AIDS, general recommendation No. 18 (1991) on disabled women, general recommendation No. 21 (1994) on equality in marriage and family relations, general recommendation No. 24 (1999) on women and health, general recommendation No. 26 (2008) on women migrant workers, general recommendation No. 27 (2010) on older women and protection of their human rights, general recommendation No. 30, joint general recommendation No. 31/general comment No. 18, general recommendation No. 32 and general recommendation No. 34. The Committee has also addressed intersecting forms of discrimination in its views on Jallow v. Bulgaria, S.V.P. v. Bulgaria, Kell v. Canada, A.S. v. Hungary, R.P.B. v. Philippines and M.W. v. Denmark, among others, and inquiries, in particular those concerning Mexico, of 2005, and Canada, of 2015 (see footnote 7 above)."},{"n":12,"text":"General recommendation No. 28, para. 18; and report of the inquiry concerning Canada (CEDAW/C/OP.8/CAN/1), para. 197."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0013","docId":"cedaw-c-gc-35","idx":13,"n":13,"text":"13. The Committee recalls article 23 of the Convention, in which it is indicated that any provisions in national legislation or international treaties other than the Convention that are more conducive to the achievement of equality between women and men will prevail over the obligations in the Convention and, accordingly, the recommendations in the present general recommendation. The Committee notes that States parties’ action to address gender-based violence against women is affected by reservations that they maintain to the Convention. It also notes that, as a human rights treaty body, the Committee may assess the permissibility of reservations formulated by States parties,[[fn:13]] and reiterates its view that reservations, especially to article 2 or article 16,[[fn:14]] the compliance with which is particularly crucial in efforts to eliminate gender-based violence against women, are incompatible with the object and purpose of the Convention and thus impermissible under article 28 (2).[[fn:15]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":13,"text":"International Law Commission, Guide to practice on reservations to treaties (A/65/10/Add.1, chap. IV, sect. F, para. 3.2)."},{"n":14,"text":"Statement of the Committee on reservations (A/53/38/Rev.1, part II, chap. I, sect. A, para. 12); see also general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, para. 54-55. In its concluding observations on the reports of States parties under the Convention, the Committee has also indicated that reservations to articles 2, 7, 9 and 16, as well as to general reservations, are incompatible with the object and purpose of the Convention."},{"n":15,"text":"General recommendation No. 28, paras. 41-42."}],"section":["II. Scope"],"citedArticles":[{"treaty":"CEDAW","article":"23","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"28","paragraph":"2","source":"regex"}]},{"id":"cedaw-c-gc-35-0014","docId":"cedaw-c-gc-35","idx":14,"n":14,"text":"14. Gender-based violence affects women throughout their life cycle[[fn:16]] and, accordingly, references to women in the present document include girls. Such violence takes multiple forms, including acts or omissions intended or likely to cause or result in death[[fn:17]] or physical, sexual, psychological or economic harm or suffering to women, threats of such acts, harassment, coercion and arbitrary deprivation of liberty.[[fn:18]] Gender-based violence against women is affected and often exacerbated by cultural, economic, ideological, technological, political, religious, social and environmental factors, as evidenced, among other things, in the contexts of displacement, migration, the increased globalization of economic activities, including global supply chains, the extractive and offshoring industry, militarization, foreign occupation, armed conflict, violent extremism and terrorism. Gender-based violence against women is also affected by political, economic and social crises, civil unrest, humanitarian emergencies, natural disasters and the destruction or degradation of natural resources. Harmful practices[[fn:19]] and crimes against women human rights defenders, politicians,[[fn:20]] activists or journalists are also forms of gender-based violence against women affected by such cultural, ideological and political factors.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":16,"text":"See general recommendation No. 27 and joint general recommendation No. 31/general comment No. 18."},{"n":17,"text":"Deaths resulting from gender-based violence include murders, killings in the name of so-called “honour” and forced suicides. See the report on the inquiry concerning Mexico; and the report of the inquiry concerning Canada (CEDAW/C/OP.8/CAN/1); as well as the concluding observations of the Committee on the following periodic reports of States parties: Chile (CEDAW/C/CHL/CO/5-6 and Corr.1); Finland (CEDAW/C/FIN/CO/7); Guatemala (CEDAW/C/GUA/CO/7); Honduras (CEDAW/C/HND/CO/7-8); Iraq (CEDAW/C/IRQ/CO/4-6); Mexico (CEDAW/C/MEX/CO/7-8); Namibia (CEDAW/C/NAM/CO/4-5); Pakistan (CEDAW/C/PAK/CO/4); South Africa (CEDAW/C/ZAF/CO/4); Turkey (CEDAW/C/TUR/CO/7); and United Republic of Tanzania (CEDAW/C/TZA/CO/7-8), among others."},{"n":18,"text":"General recommendation No. 19, para. 6, and general recommendation No. 28, para. 19."},{"n":19,"text":"Joint general recommendation No. 31/general comment No. 18."},{"n":20,"text":"See the Inter-Parliamentary Union issues brief entitled “Sexism, harassment and violence against women parliamentarians” (October 2016)."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0015","docId":"cedaw-c-gc-35","idx":15,"n":15,"text":"15. Women’s right to a life free from gender-based violence is indivisible from and interdependent on other human rights, including the rights to life, health, liberty and security of the person, equality and equal protection within the family, freedom from torture, cruel, inhumane or degrading treatment, and freedom of expression, movement, participation, assembly and association.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0016","docId":"cedaw-c-gc-35","idx":16,"n":16,"text":"16. Gender-based violence against women may amount to torture or cruel, inhuman or degrading treatment in certain circumstances, including in cases of rape, domestic violence or harmful practices.[[fn:21]] In certain cases, some forms of gender-based violence against women may also constitute international crimes.[[fn:22]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":21,"text":"Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/31/57); report of the Special Rapporteur (A/HRC/7/3), para. 36; concluding observations of the Committee against Torture on the following periodic reports of States parties under the Convention against Torture: Burundi (CAT/C/BDI/CO/1); Guyana (CAT/C/GUY/CO/1); Mexico (CAT/C/MEX/CO/4); Peru (CAT/C/PER/CO/5-6); Senegal (CAT/C/SEN/CO/3); Tajikistan (CAT/C/TJK/CO/2); and Togo (CAT/C/TGO/CO/1); Human Rights Committee, general comment No. 28 (2000) on the equality of rights between men and women; concluding observations of the Human Rights Committee on the following periodic reports of States parties under the International Covenant on Civil and Political Rights: Slovakia (CCPR/CO/78/SVK); Japan (CCPR/C/79/Add.102); and Peru (CCPR/CO/70/PER), among others."},{"n":22,"text":"Including such crimes against humanity and war crimes as rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity, according to articles 7 (1) (g), 8 (2) (b) (xxii) and 8 (2) (e) (vi) of the Rome Statute of the International Criminal Court."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0017","docId":"cedaw-c-gc-35","idx":17,"n":17,"text":"17. The Committee endorses the view of other human rights treaty bodies and special procedures mandate holders that, in determining when acts of gender-based violence against women amount to torture or cruel, inhuman or degrading treatment,[[fn:23]] a gender-sensitive approach is required to understand the level of pain and suffering experienced by women,[[fn:24]] and that the purpose and intent requirements for classifying such acts as torture are satisfied when acts or omissions are gender-specific or perpetrated against a person on the basis of sex.[[fn:25]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":23,"text":"Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/31/57), para. 11."},{"n":24,"text":"For example, to understand that “severe suffering of the victim is inherent in rape, even when there is no evidence of physical injuries or disease. … Women victims of rape also experience complex consequences of a psychological and social nature.” Inter-American Court of Human Rights, Fernández Ortega et al. v. Mexico, judgment of 30 August 2010, para. 124. See also the reports of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/31/57), para. 8, and (A/HRC/7/3), para. 36."},{"n":25,"text":"Committee against Torture, communication No. 262/2005, V.L. v. Switzerland, views adopted on 20 November 2006; reports of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/31/57), para. 8, and (A/HRC/7/3)."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0018","docId":"cedaw-c-gc-35","idx":18,"n":18,"text":"18. Violations of women’s sexual and reproductive health and rights, such as forced sterilization, forced abortion, forced pregnancy, criminalization of abortion, denial or delay of safe abortion and/or post-abortion care, forced continuation of pregnancy, and abuse and mistreatment of women and girls seeking sexual and reproductive health information, goods and services, are forms of gender-based violence that, depending on the circumstances, may amount to torture or cruel, inhuman or degrading treatment.[[fn:26]]","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":26,"text":"Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/31/57); Committee on the Elimination of Discrimination against Women, communication No. 22/2009, L.C. v. Peru, views adopted on 17 October 2011, para. 8.18; and Human Rights Committee, communications No. 2324/2013, Mellet v. Ireland, views adopted on 31 March 2016, para. 7.4, and No. 2425/2014, Whelan v. Ireland, views adopted on 17 March 2017."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0019","docId":"cedaw-c-gc-35","idx":19,"n":19,"text":"19. The Committee regards gender-based violence against women as being rooted in gender-related factors, such as the ideology of men’s entitlement and privilege over women, social norms regarding masculinity, and the need to assert male control or power, enforce gender roles or prevent, discourage or punish what is considered to be unacceptable female behaviour. Those factors also contribute to the explicit or implicit social acceptance of gender-based violence against women, often still considered a private matter, and to the widespread impunity in that regard.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0020","docId":"cedaw-c-gc-35","idx":20,"n":20,"text":"20. Gender-based violence against women occurs in all spaces and spheres of human interaction, whether public or private, including in the contexts of the family, the community, public spaces, the workplace, leisure, politics, sport, health services and educational settings, and the redefinition of public and private through technology-mediated environments,[[fn:27]] such as contemporary forms of violence occurring online and in other digital environments. In all those settings, gender-based violence against women can result from acts or omissions of State or nonState actors, acting territorially or extraterritorially, including extraterritorial military actions of States, individually or as members of international or intergovernmental organizations or coalitions,[[fn:28]] or extraterritorial operations of private corporations.[[fn:29]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":27,"text":"See the report of the Secretary-General entitled “In-depth study on all forms of violence against women” (A/61/122/Add.1 and Corr.1)."},{"n":28,"text":"For example, as part of an international peacekeeping force. See general recommendation No. 30, para. 9."},{"n":29,"text":"Concluding observations of the Committee on the periodic reports of Switzerland (CEDAW/C/CHE/CO/4-5) and Germany (CEDAW/C/DEU/CO/7-8)."}],"section":["II. Scope"]},{"id":"cedaw-c-gc-35-0021","docId":"cedaw-c-gc-35","idx":21,"n":21,"text":"21. Gender-based violence against women constitutes discrimination against women under article 1 and therefore engages all obligations under the Convention. Article 2 provides that the overarching obligation of States parties is to pursue by all appropriate means and without delay a policy of eliminating discrimination against women, including gender-based violence against women. That is an obligation of an immediate nature; delays cannot be justified on any grounds, including economic, cultural or religious grounds. In general recommendation No. 19, it is indicated that, with regard to gender-based violence against women, the obligation comprises two aspects of State responsibility for such violence, that which results from the acts or omissions of both the State party or its actors, on the one hand, and non-State actors, on the other.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["III. State party obligations in relation to gender-based violence against women"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-35-0022","docId":"cedaw-c-gc-35","idx":22,"n":22,"text":"22. Under the Convention and general international law, a State party is responsible for acts or omissions of its organs and agents that constitute gender-based violence against women,[[fn:30]] which include the acts or omissions of officials in its executive, legislative and judicial branches. Article 2 (d) of the Convention provides that States parties, and their organs and agents, are to refrain from engaging in any act or practice of direct or indirect discrimination against women and ensure that public authorities and institutions act in conformity with that obligation. Besides ensuring that laws, policies, programmes and procedures do not discriminate against women, in accordance with articles 2 (c) and (g), States parties must have an effective and accessible legal and legal services framework in place to address all forms of gender-based violence against women committed by State agents, whether on their territory or extraterritorially.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":30,"text":"See International Law Commission, articles on responsibility of States for internationally wrongful acts, article 4, Conduct of organs of a State. See also Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts, article 91."}],"section":["III. State party obligations in relation to gender-based violence against women","A. Responsibility for acts or omissions of State actors"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-35-0023","docId":"cedaw-c-gc-35","idx":23,"n":23,"text":"23. States parties are responsible for preventing such acts or omissions by their own organs and agents, including through training and the adoption, implementation and monitoring of legal provisions, administrative regulations and codes of conduct, and for investigating, prosecuting and applying appropriate legal or disciplinary sanctions, as well as providing reparation, in all cases of gender-based violence against women, including those constituting international crimes, and in cases of failure, negligence or omission on the part of public authorities.[[fn:31]] In so doing, the diversity of women and the risks of intersecting forms of discrimination should be taken into consideration.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":31,"text":"See footnote 6 above and general recommendation No. 33."}],"section":["III. State party obligations in relation to gender-based violence against women","A. Responsibility for acts or omissions of State actors"]},{"id":"cedaw-c-gc-35-0024","docId":"cedaw-c-gc-35","idx":24,"n":24,"text":"24. Under general international law, as well as under international treaties, acts or omissions of a private actor may engage the international responsibility of the State in certain cases, which include the following:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[],"section":["III. State party obligations in relation to gender-based violence against women","B. Responsibility for acts or omissions of non-State actors"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-35-0025","docId":"cedaw-c-gc-35","idx":25,"n":25,"text":"25. In addition, both international humanitarian law and human rights law have recognized the direct obligations of non-State actors in specific circumstances, including as parties to an armed conflict. Those obligations include the prohibition of torture, which is part of customary international law and has become a peremptory norm (jus cogens).[[fn:41]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":41,"text":"General recommendation No. 30."}],"section":["III. State party obligations in relation to gender-based violence against women","B. Responsibility for acts or omissions of non-State actors"]},{"id":"cedaw-c-gc-35-0026","docId":"cedaw-c-gc-35","idx":26,"n":26,"text":"26. The general obligations described above encompass all areas of State action, including in the legislative, executive and judicial branches and at the federal, national, subnational, local and decentralized levels, as well as action under governmental authority by privatized governmental services. They require the formulation of legal norms, including at the constitutional level, and the design of public policies, programmes, institutional frameworks and monitoring mechanisms aimed at eliminating all forms of gender-based violence against women, whether perpetrated by State or non-State actors. They also require, in accordance with articles 2 (f) and 5 (a) of the Convention, the adoption and implementation of measures to eradicate prejudices, stereotypes and practices that are the root causes of gender-based violence against women. In general terms, and without prejudice to the specific recommendations provided in the following section, the obligations include the following:","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[],"section":["III. State party obligations in relation to gender-based violence against women","B. Responsibility for acts or omissions of non-State actors"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"15","source":"regex"}]},{"id":"cedaw-c-gc-35-0027","docId":"cedaw-c-gc-35","idx":27,"n":27,"text":"27. Building on general recommendation No. 19 and the Committee’s work since its adoption, the Committee urges States parties to strengthen the implementation of their obligations in relation to gender-based violence against women, whether within their territory or extraterritorially. The Committee reiterates its call upon States parties to ratify the Optional Protocol to the Convention and examine all remaining reservations to the Convention with a view to their withdrawal.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Recommendations"]},{"id":"cedaw-c-gc-35-0028","docId":"cedaw-c-gc-35","idx":28,"n":28,"text":"28. The Committee also recommends that States parties take the following measures in the areas of prevention, protection, prosecution and punishment, redress, data collection and monitoring and international cooperation in order to accelerate elimination of gender-based violence against women. All measures should be implemented with an approach centred around the victim/survivor, acknowledging women as right holders and promoting their agency and autonomy, including the evolving capacity of girls, from childhood to adolescence. In addition, the measures should be designed and implemented with the participation of women, taking into account the particular situation of women affected by intersecting forms of discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"section":["IV. Recommendations"]},{"id":"cedaw-c-gc-35-0029","docId":"cedaw-c-gc-35","idx":29,"n":29,"text":"The Committee recommends that States parties implement the following legislative measures: (a) Ensure that all forms of gender-based violence against women in all spheres, which amount to a violation of their physical, sexual or psychological integrity, are criminalized and introduce, without delay, or strengthen, legal sanctions commensurate with the gravity of the offence, as well as civil remedies;[[fn:46]] (b) Ensure that all legal systems, including plural legal systems, protect victims/survivors of gender-based violence against women and ensure that they have access to justice and to an effective remedy, in line with the guidance provided in general recommendation No. 33; (c) Repeal, including in customary, religious and indigenous laws, all legal provisions that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or tolerate any form of gender-based violence.[[fn:47]] In particular, repeal the following: (i) Provisions that allow, tolerate or condone forms of gender-based violence against women, including child[[fn:48]] or forced marriage and other harmful practices, provisions allowing medical procedures to be performed on women with disabilities without their informed consent and provisions that criminalize abortion,[[fn:49]] being lesbian, bisexual or transgender, women in prostitution and adultery, or any other criminal provisions that affect women disproportionally, including those resulting in the discriminatory application of the death penalty to women;[[fn:50]] (ii) Discriminatory evidentiary rules and procedures, including procedures allowing for the deprivation of women’s liberty to protect them from violence, practices focused on “virginity” and legal defences or mitigating factors based on culture, religion or male privilege, such as the defence of so-called “honour”, traditional apologies, pardons from the families of victims/survivors or the subsequent marriage of the victim/survivor of sexual assault to the perpetrator, procedures that result in the harshest penalties, including stoning, lashing and death, often being reserved for women and judicial practices that disregard a history of gender-based violence to the detriment of women defendants;[[fn:51]] (iii) All laws that prevent or deter women from reporting gender-based violence, such as guardianship laws that deprive women of legal capacity or restrict the ability of women with disabilities to testify in court, the practice of so-called “protective custody”, restrictive immigration laws that discourage women, including migrant domestic workers, from reporting such violence, and laws allowing for dual arrests in cases of domestic violence or for the prosecution of women when the perpetrator is acquitted; (d) Examine gender-neutral laws and policies to ensure that they do not create or perpetuate existing inequalities and repeal or modify them if they do so;[[fn:52]] (e) Ensure that sexual assault, including rape, is characterized as a crime against the right to personal security and physical, sexual and psychological integrity[[fn:53]] and that the definition of sexual crimes, including marital and acquaintance or date rape, is based on the lack of freely given consent and takes into account coercive circumstances.[[fn:54]] Any time limitations, where they exist, should prioritize the interests of the victims/survivors and give consideration to circumstances hindering their capacity to report the violence suffered to the competent services or authorities.[[fn:55]]","labels":["Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities","LGBTI+"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":46,"text":"See footnote 5 above."},{"n":47,"text":"Following the guidance provided in general recommendation No. 33."},{"n":48,"text":"Article 16 (2) of the Convention; and joint general recommendation No. 31/general comment No. 18, para. 42 and para. 55 (f), regarding the conditions under which marriage at an earlier age than 18 years is allowed, in exceptional circumstances."},{"n":49,"text":"See the summary of the inquiry concerning the Philippines (CEDAW/C/OP.8/PHL/1); communication No. 22/2009, T.P.F. v. Peru, views adopted on 17 October 2011; and Committee on Economic, Social and Cultural Rights, general comment No. 22."},{"n":50,"text":"The Committee recalls General Assembly resolutions 62/149, 63/168, 65/206, 67/176, 69/186 and 71/187, in which the Assembly called upon all States that still maintained the death penalty to establish a moratorium on executions with a view to abolishing it."},{"n":51,"text":"See, among others, the concluding observations of the Committee on the following periodic reports of States parties: Afghanistan (CEDAW/C/AFG/CO/1-2); Jordan (CEDAW/C/JOR/CO/6); Papua New Guinea (CEDAW/C/PNG/CO/3); and South Africa (CEDAW/C/ZAF/CO/4); and the report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/35/23)."},{"n":52,"text":"General recommendation No. 28, para. 16."},{"n":53,"text":"See Vertido v. Philippines."},{"n":54,"text":"See Vertido v. Philippines and R.P.B. v. Philippines."},{"n":55,"text":"See L.R. v. Republic of Moldova and general recommendation No. 33, para. 51 (b). Consideration should be given, in particular, to the situation of girls who are victims/survivors of sexual violence."}],"section":["IV. Recommendations","A. General legislative measures"]},{"id":"cedaw-c-gc-35-0030","docId":"cedaw-c-gc-35","idx":30,"n":30,"text":"The Committee recommends that States parties implement the following preventive measures: (a) Adopt and implement effective legislative and other appropriate preventive measures to address the underlying causes of gender-based violence against women, including patriarchal attitudes and stereotypes, inequality in the family and the neglect or denial of women’s civil, political, economic, social and cultural rights, and to promote the empowerment, agency and voices of women; (b) Develop and implement effective measures, with the active participation of all relevant stakeholders, such as representatives of women’s organizations and of marginalized groups of women and girls, to address and eradicate the stereotypes, prejudices, customs and practices set out in article 5 of the Convention, which condone or promote gender-based violence against women and underpin the structural inequality of women with men. Such measures should include the following: (i) Integration of content on gender equality into curricula at all levels of education, both public and private, from early childhood onwards and into education programmes with a human rights approach. The content should target stereotyped gender roles and promote the values of gender equality and non-discrimination, including non-violent masculinities, and ensure age-appropriate, evidence-based and scientifically accurate comprehensive sexuality education for girls and boys; (ii) Awareness-raising programmes that promote an understanding of gender-based violence against women as unacceptable and harmful, provide information about available legal recourses against it and encourage the reporting of such violence and the intervention of bystanders; address the stigma experienced by victims/survivors of such violence; and dismantle the commonly held victim-blaming beliefs under which women are responsible for their own safety and for the violence that they suffer. The programmes should target women and men at all levels of society; education, health, social services and law enforcement personnel and other professionals and agencies, including at the local level, involved in prevention and protection responses; traditional and religious leaders; and perpetrators of any form of gender-based violence, so as to prevent repeat offending; (c) Develop and implement effective measures to make public spaces safe for and accessible to all women and girls, including by promoting and supporting community-based measures adopted with the participation of women’s groups. Measures should include ensuring adequate physical infrastructure, including lighting, in urban and rural settings, in particular in and around schools; (d) Adopt and implement effective measures to encourage the media to eliminate discrimination against women, including the harmful and stereotypical portrayal of women or specific groups of women, such as women human rights defenders, from their activities, practices and output, including in advertising, online and in other digital environments. Measures should include the following: (i) Encouraging the creation or strengthening of self-regulatory mechanisms by media organizations, including online or social media organizations, aimed at the elimination of gender stereotypes relating to women and men, or to specific groups of women, and addressing gender-based violence against women that takes place through their services and platforms; (ii) Guidelines for the appropriate coverage by the media of cases of gender-based violence against women; (iii) Establishing or strengthening the capacity of national human rights institutions to monitor or consider complaints regarding any media that portray gender-discriminatory images or content that objectify or demean women or promote violent masculinities;[[fn:56]] (e) Provide mandatory, recurrent and effective capacity-building, education and training for members of the judiciary, lawyers and law enforcement officers, including forensic medical personnel, legislators and health-care professionals,[[fn:57]] including in the area of sexual and reproductive health, in particular sexually transmitted infections and HIV prevention and treatment services, and all education, social and welfare personnel, including those working with women in institutions, such as residential care homes, asylum centres and prisons,[[fn:58]] to equip them to adequately prevent and address gender-based violence against women. Such education and training should promote understanding of the following: (i) How gender stereotypes and bias lead to gender-based violence against women and inadequate responses to it;[[fn:59]] (ii) Trauma and its effects, the power dynamics that characterize intimate partner violence and the varying situations of women experiencing diverse forms of gender-based violence, which should include the intersecting forms of discrimination affecting specific groups of women and adequate ways of interacting with women in the context of their work and eliminating factors that lead to their revictimization and weaken their confidence in State institutions and agents;[[fn:60]] (iii) National legal provisions and national institutions on gender-based violence against women, the legal rights of victims/survivors, international standards and associated mechanisms and their responsibilities in that context, which should include due coordination and referrals among diverse bodies and the adequate documentation of such violence, giving due respect for women’s privacy and right to confidentiality and with the free and informed consent of the victims/survivors; (f) Encourage, through the use of incentives and corporate responsibility models and other mechanisms, the engagement of the private sector, including businesses and transnational corporations, in efforts to eradicate all forms of gender-based violence against women and in enhancing its responsibility for such violence in the scope of its action,[[fn:61]] which should entail protocols and procedures addressing all forms of gender-based violence that may occur in the workplace or affect women workers, including effective and accessible internal complaints procedures, the use of which should not exclude recourse to law enforcement authorities, and should also address workplace entitlements for victims/survivors.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons living with HIV/AIDS","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":56,"text":"Concluding observations of the Committee on the combined periodic reports of Croatia (CEDAW/C/HRV/CO/4-5)."},{"n":57,"text":"See footnote 5 above and the World Health Organization clinical and policy guidelines on responding to intimate partner violence and sexual violence against women (2013)."},{"n":58,"text":"See Abramova v. Belarus; communication No. 53/2013, A. v. Denmark, views adopted on 19 November 2015; and General Assembly resolution 65/229 on the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)."},{"n":59,"text":"See, among others, Belousova v. Kazakhstan, R.P.B. v. Philippines, Jallow v. Bulgaria and L.R. v. Republic of Moldova."},{"n":60,"text":"See M.W. v. Denmark, R.P.B. v. Philippines, Jallow v. Bulgaria and Kell v. Canada."},{"n":61,"text":"General recommendation No. 28, para. 28. See the “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework” (A/HRC/17/31)."}],"section":["IV. Recommendations","B. Prevention"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-35-0031","docId":"cedaw-c-gc-35","idx":31,"n":31,"text":"The Committee recommends that States parties implement the following protective measures: (a) Adopt and implement effective measures to protect and assist women complainants of and witnesses to gender-based violence before, during and after legal proceedings, including by: (i) Protecting their privacy and safety, in line with general recommendation No. 33, including through gender-sensitive court procedures and measures, bearing in mind the due process rights of victims/survivors, witnesses and defendants; (ii) Providing appropriate and accessible protective mechanisms to prevent further or potential violence, without the precondition that victims/survivors initiate legal action, including through removal of communication barriers for victims with disabilities.[[fn:62]] Mechanisms should include immediate risk assessment and protection comprising a wide range of effective measures and, where appropriate, the issuance and monitoring of eviction, protection, restraining or emergency barring orders against alleged perpetrators, including adequate sanctions for non-compliance. Protective measures should avoid imposing an undue financial, bureaucratic or personal burden on women who are victims/survivors. The rights or claims of perpetrators or alleged perpetrators during and after judicial proceedings, including with respect to property, privacy, child custody, access, contact and visitation, should be determined in the light of women’s and children’s human rights to life and physical, sexual and psychological integrity and guided by the principle of the best interests of the child;[[fn:63]] (iii) Ensuring access to financial assistance, gratis or low-cost, high-quality legal aid,[[fn:64]] medical, psychosocial and counselling services,[[fn:65]] education, affordable housing, land, childcare, training and employment opportunities for women who are victims/survivors and their family members. Health-care services should be responsive to trauma and include timely and comprehensive mental, sexual and reproductive health services,[[fn:66]] including emergency contraception and post-exposure prophylaxis against HIV. States should provide specialized women’s support services, such as gratis helplines operating around the clock and sufficient numbers of safe and adequately equipped crisis, support and referral centres and adequate shelters for women, their children and other family members, as required;[[fn:67]] (iv) Providing women in institutions, including residential care homes, asylum centres and places of deprivation of liberty, with protective and support measures in relation to gender-based violence;[[fn:68]] (v) Establishing and implementing appropriate multisectoral referral mechanisms to ensure effective access to comprehensive services for survivors of such violence, ensuring the full participation of and cooperation with non-governmental women’s organizations; (b) Ensure that all legal proceedings, protective and support measures and services concerning victims/survivors respect and strengthen their autonomy. They should be accessible to all women, in particular those affected by intersecting forms of discrimination, take into account any specific needs of their children and other dependants,[[fn:69]] be available throughout the State party and be provided irrespective of residency status or ability or willingness to cooperate in legal proceedings against the alleged perpetrator.[[fn:70]] States should also respect the principle of non-refoulement;[[fn:71]] (c) Address factors that heighten the risk to women of exposure to serious forms of gender-based violence, such as the ready accessibility and availability of firearms, including their export,[[fn:72]] a high crime rate and pervasive impunity, which may increase in situations of armed conflict or heightened insecurity.[[fn:73]] Efforts should be undertaken to control the availability and accessibility of acid and other substances used to attack women; (d) Develop and disseminate accessible information, through diverse and accessible media and community dialogue, aimed at women, in particular those affected by intersecting forms of discrimination, such as those with disabilities, those who are illiterate or those who have no or limited knowledge of the official languages of a country, on the legal and social resources available to victims/survivors, including reparations.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":62,"text":"For example, protective orders in some countries allow for the banning of travel of people who are believed to be at risk of female genital mutilation."},{"n":63,"text":"Yildirim v. Austria, Goekce v. Austria, González Carreño v. Spain, M.W. v. Denmark and Jallow v. Bulgaria."},{"n":64,"text":"General recommendation No. 33, para. 37, and general recommendation No. 28, para. 34; see also Kell v. Canada, Vertido v. Philippines, S.V.P. v. Bulgaria and L.R. v. Republic of Moldova, among others."},{"n":65,"text":"General recommendation No. 33, para. 16."},{"n":66,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 22."},{"n":67,"text":"See joint general recommendation No. 31/general comment No. 18."},{"n":68,"text":"See footnote 54 above."},{"n":69,"text":"R.P.B. v. Philippines, Jallow v. Bulgaria and V.K. v. Bulgaria."},{"n":70,"text":"General recommendation No. 33, para. 10."},{"n":71,"text":"In accordance with the Convention relating to the Status of Refugees, of 1951, and the Convention against Torture. See also general recommendation No. 32 and A. v. Denmark."},{"n":72,"text":"See article 7 (4) of the Arms Trade Treaty. See also the concluding observations of the Committee on the following periodic reports of States parties: Pakistan (CEDAW/C/PAK/CO/4); to Democratic Republic of the Congo (CEDAW/C/COD/CO/6-7); France (CEDAW/C/FRA/CO/7-8); Switzerland (CEDAW/C/CHE/CO/4-5); and Germany (CEDAW/C/DEU/CO/7-8); and Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, para. 9."},{"n":73,"text":"General recommendation No. 30."}],"section":["IV. Recommendations","C. Protection"]},{"id":"cedaw-c-gc-35-0032","docId":"cedaw-c-gc-35","idx":32,"n":32,"text":"The Committee recommends that States parties implement the following measures with regard to prosecution and punishment for gender-based violence against women: (a) Ensure effective access for victims to courts and tribunals and that the authorities adequately respond to all cases of gender-based violence against women, including by applying criminal law and, as appropriate, ex officio prosecution to bring alleged perpetrators to trial in a fair, impartial, timely and expeditious manner and imposing adequate penalties.[[fn:74]] Fees or court charges should not be imposed on victims/survivors;[[fn:75]] (b) Ensure that gender-based violence against women is not mandatorily referred to alternative dispute resolution procedures, including mediation and conciliation.[[fn:76]] The use of those procedures should be strictly regulated and allowed only when a previous evaluation by a specialized team ensures the free and informed consent of victims/survivors and that there are no indicators of further risks to the victims/survivors or their family members. Procedures should empower the victims/survivors and be provided by professionals specially trained to understand and adequately intervene in cases of gender-based violence against women, ensuring adequate protection of the rights of women and children and that interventions are conducted with no stereotyping or revictimization of women. Alternative dispute resolution procedures should not constitute an obstacle to women’s access to formal justice.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":74,"text":"See, among others, Vertido v. Philippines, S. V. P. v. Bulgaria and L.R. v. Republic of Moldova."},{"n":75,"text":"General recommendation No. 33, para. 17 (a)."},{"n":76,"text":"As indicated in general recommendation No. 33, para. 58 (c)."}],"section":["IV. Recommendations","D. Prosecution and punishment"]},{"id":"cedaw-c-gc-35-0033","docId":"cedaw-c-gc-35","idx":33,"n":33,"text":"The Committee recommends that States parties implement the following measures with regard to reparations: (a) Provide effective reparations to victims/survivors of gender-based violence against women. Reparations should include different measures, such as monetary compensation, the provision of legal, social and health services, including sexual, reproductive and mental health services for a complete recovery, and satisfaction and guarantees of non-repetition, in line with general recommendation No. 28, general recommendation No. 30 and general recommendation No. 33. Such reparations should be adequate, promptly attributed, holistic and proportionate to the gravity of the harm suffered;[[fn:77]] (b) Establish specific funds for reparations or include allocations in the budgets of existing funds, including under transitional justice mechanisms, for reparations to victims of gender-based violence against women. States parties should implement administrative reparations schemes without prejudice to the rights of victims/survivors to seek judicial remedies, design transformative reparations programmes that help to address the underlying discrimination or disadvantaged position that caused or significantly contributed to the violation, taking into account the individual, institutional and structural aspects. Priority should be given to the agency, wishes, decisions, safety, dignity and integrity of victims/survivors.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":77,"text":"See footnote 5 above and general recommendation No. 33, para. 19."}],"section":["IV. Recommendations","E. Reparations"]},{"id":"cedaw-c-gc-35-0034","docId":"cedaw-c-gc-35","idx":34,"n":34,"text":"The Committee recommends that States parties implement the following measures with regard to coordination and monitoring and the collection of data regarding gender-based violence against women: (a) Develop and evaluate all legislation, policies and programmes in consultation with civil society organizations, in particular women’s organizations, including those that represent women affected by intersecting forms of discrimination. States parties should encourage cooperation among all levels and branches of the justice system and the organizations that work to protect and support victims/survivors of gender-based violence against women, taking into account their views and expertise.[[fn:78]] States parties should encourage the work of human rights organizations and women’s non-governmental organizations;[[fn:79]] (b) Establish a system to regularly collect, analyse and publish statistical data on the number of complaints about all forms of gender-based violence against women, including technology-mediated violence, the number and type of orders of protection issued, the rates of dismissal and withdrawal of complaints, prosecution and conviction and the amount of time taken for the disposal of cases. The system should include information on the sentences imposed on perpetrators and the reparations, including compensation, provided to victims/survivors. All data should be disaggregated by type of violence, relationship between the victim/survivor and the perpetrator, and in relation to intersecting forms of discrimination against women and other relevant sociodemographic characteristics, including the age of the victim/survivor. The analysis of the data should enable the identification of failures in protection and serve to improve and further develop preventive measures, which should, if necessary, include the establishment or designation of observatories for the collection of administrative data on the gender-based killings of women, also referred to as “femicide” or “feminicide”, and attempted killings of women; (c) Undertake or support surveys, research programmes and studies on gender-based violence against women in order to, among other things, assess the prevalence of gender-based violence against women and the social or cultural beliefs exacerbating such violence and shaping gender relations. Studies and surveys should take into account intersecting forms of discrimination, on the basis of the principle of self-identification; (d) Ensure that the process of collecting and maintaining data on gender-based violence against women complies with established international standards[[fn:80]] and safeguards, including legislation on data protection. The collection and use of data and statistics should conform to internationally accepted norms for the protection of human rights and fundamental freedoms and ethical principles; (e) Set up a mechanism or body, or mandate an existing mechanism or body, to regularly coordinate, monitor and assess the national, regional and local implementation and effectiveness of the measures, including those recommended in the present recommendation and other relevant regional and international standards and guidelines, to prevent and eliminate all forms of gender-based violence against women; (f) Allocate appropriate human and financial resources at the national, regional and local levels to effectively implement laws and policies for the prevention of all forms of gender-based violence against women, provision of protection and support to victims/survivors, investigation of cases, prosecution of perpetrators and provision of reparations to victims/survivors, including support to women’s organizations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":78,"text":"Yildirim v. Austria and Goekce (deceased) v. Austria."},{"n":79,"text":"General recommendation No. 28, para. 36."},{"n":80,"text":"General Assembly resolution 68/261 on the Fundamental Principles of Official Statistics."}],"section":["IV. Recommendations","F. Coordination, monitoring and data collection"]},{"id":"cedaw-c-gc-35-0035","docId":"cedaw-c-gc-35","idx":35,"n":35,"text":"The Committee recommends that States parties implement the following measures with regard to international cooperation to combat gender-based violence against women: (a) Seek support, where necessary, from external sources, such as the specialized agencies of the United Nations system, the international community and civil society, in order to meet human rights obligations by designing and implementing all appropriate measures required to eliminate and respond to gender-based violence against women,[[fn:81]] taking into consideration, in particular, the evolving global contexts and the increasingly transnational nature of such violence, including in technology-mediated settings and other extraterritorial operations of domestic non-State actors.[[fn:82]] States parties should urge business actors whose conduct they are in a position to influence to assist the States in which they operate in their efforts to fully realize women’s right to freedom from violence; (b) Prioritize the implementation of the relevant Sustainable Development Goals, in particular Goals 5, to achieve gender equality and empowerment of all women and girls, and Goal 16, to promote peaceful and inclusive societies for sustainable development, provide access to justice and build effective, accountable and inclusive institutions at all levels; and support national plans to implement all the Goals in a gender-responsive manner, in accordance with the agreed conclusions of the sixtieth session of the Commission on the Status of Women on women’s empowerment and the link to sustainable development, enabling meaningful participation of civil society and women’s organizations in the implementation of the Goals and the follow-up processes, and enhance international support and cooperation for knowledge-sharing and effective and targeted capacity-building.[[fn:83]]","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2017,"footnotes":[{"n":81,"text":"General recommendation No. 28, para. 29, and general recommendation No. 33, paras. 38 and 39."},{"n":82,"text":"General recommendation No. 34, para. 13."},{"n":83,"text":"General Assembly resolution 70/1, entitled “Transforming our world: the 2030 Agenda for Sustainable Development”."}],"section":["IV. Recommendations","G. International cooperation"]},{"id":"cedaw-c-gc-40-0001","docId":"cedaw-c-gc-40","idx":1,"n":1,"text":"Women have the right to equal and inclusive representation in all decision-making systems on equal terms with men. Despite significant progress by States parties, this right is still not respected, which also seriously hampers the implementation of all other rights under the Convention on the Elimination of All Forms of Discrimination against Women. Furthermore, the failure to ensure the equal and inclusive sharing of decision-making power between women and men prevents States and the international community from effectively addressing urgent local, national, regional and global challenges. As noted in the preamble of the Convention, the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields. To respond to these challenges for current and future generations, the present general recommendation contains an outline of a road map towards women’s full enjoyment of their right to equal and inclusive representation in all decision-making systems.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["I. A road map to fifty-fifty parity"]},{"id":"cedaw-c-gc-40-0002","docId":"cedaw-c-gc-40","idx":2,"n":2,"text":"In the present general recommendation, the Committee provides comprehensive guidance for States parties on achieving the equal and inclusive representation of women in all decision-making systems across all sectors, aiming for a systemic change. It outlines legislative, policy and programmatic measures to ensure the implementation of this obligation and overcome global challenges. It defines “equal and inclusive representation” as fifty-fifty parity between women and men in all their diversity in terms of equal access to and equal power within decision-making systems, hereinafter also referred to simply as “parity”. It defines “decision-making systems” as encompassing decision-making that takes place through formal and informal processes in all sectors, including in political, public, economic and digital spaces. Achieving parity therefore requires considering multiple arenas of decision-making and how they interact, and dismantling all obstacles that prevent women from accessing decision-making systems on an equal footing with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["I. A road map to fifty-fifty parity"]},{"id":"cedaw-c-gc-40-0003","docId":"cedaw-c-gc-40","idx":3,"n":3,"text":"The present general recommendation furthermore incorporates young people and future generations into a vision of society rooted in peace and parity. As outlined in the present general recommendation, there is a key convergence between the expectations and rights of young people and the building of a parity-based system.","labels":["Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["I. A road map to fifty-fifty parity"]},{"id":"cedaw-c-gc-40-0004","docId":"cedaw-c-gc-40","idx":4,"n":4,"text":"The Committee observes that a growing number of disruptive and urgent challenges, including those related to peace, political stability, economic development, climate change, technological advancements, such as artificial intelligence, and the transformation and sustainability of the multilateral system and governance, directly affect the implementation of the Convention and are increasingly transforming societies. Their complexity requires the building of collective intelligence by placing parity at the core of decision-making. A “surge in parity”, as it has been described by the Secretary-General,[[fn:1]] is key to joint decision-making and to the innovative solutions needed to build resilient societies.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":1,"text":"United Nations, “Secretary-General’s remarks to High-level event on Women in Power”, 12 March 2019, available at www.un.org/sg/en/content/sg/statement/2019-03-12/secretary-generals-remarks-high-level-event-women-power-delivered."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution"]},{"id":"cedaw-c-gc-40-0005","docId":"cedaw-c-gc-40","idx":5,"n":5,"text":"Despite the escalation of conflicts and crises and women being key driving forces of sustainable peace,[[fn:2]] women remain structurally and significantly underrepresented in conflict and crisis prevention and peace negotiations and peacebuilding efforts. Between 1992 and 2019, women represented only 13 per cent of negotiators, 6 per cent of mediators and 6 per cent of signatories in peace processes.[[fn:3]] In 2022, women participated as negotiators or delegates on behalf of parties to conflict in 4 of the 5 active peace processes led or co-led by the United Nations. Proportionally, their level of representation stood only at 16 per cent, however, a further drop compared with 19 per cent in 2021 and 23 per cent in 2020.[[fn:4]] In 2023, none of the peace agreements reached included representatives of women’s groups as signatories.[[fn:5]] Women comprise only one third of participants in international forums debating such critical issues as the threat posed by nuclear weapons, increasing military expenditure, the proliferation of arms and ammunition and the weaponization of new technologies.[[fn:6]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":2,"text":"United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), “Women’s participation and a better understanding of the political” in Preventing Conflict, Transforming Justice, Securing the Peace: A Global Study on the Implementation of United Nations Security Council resolution 1325 (2015), available at https://wps.unwomen.org/participation/; The Pact for the Future, General Assembly resolution 79/1, para. 40; and UN-Women, “Facts and figures: women, peace, and security”, 18 October 2024, available at www.unwomen.org/en/what-we-do/peace-and-security/facts-and-figures."},{"n":3,"text":"United Nations, “Inclusive diplomacy”, available at www.un.org/en/observances/women-in-diplomacy-day."},{"n":4,"text":"S/2023/725, para. 9."},{"n":5,"text":"University of Edinburgh, PA-X Peace Agreement Database, version 7 (plus AgtID 2467), 2023, available at https://pax.peaceagreements.org/."},{"n":6,"text":"UN-Women, “Facts and figures: women, peace, and security”."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","A. Peace and political stability"]},{"id":"cedaw-c-gc-40-0006","docId":"cedaw-c-gc-40","idx":6,"n":6,"text":"Disinformation and polarization threaten to exacerbate conflicts. Although women’s leadership in political decision-making leads to greater stability and peace, stronger responsiveness to people’s needs and enhanced cooperation,[[fn:7]] women’s political representation and civic space are increasingly under attack through restrictions on the activities of women’s organizations, growing attacks on and intimidation of women politicians, journalists and human rights defenders, and challenges to and reversals of generational gains made in relation to women’s and girls’ human rights.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":7,"text":"Minna Cowper-Coles, Women Political Leaders: The Impact of Gender on Democracy, (London, Westminster Foundation for Democracy, 2021)."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","A. Peace and political stability"]},{"id":"cedaw-c-gc-40-0007","docId":"cedaw-c-gc-40","idx":7,"n":7,"text":"The economic autonomy of women is key for accessing their rights and the pathway to inclusive economic growth,[[fn:8]] poverty eradication, social justice and sustainable development.[[fn:9]] It is a key step towards a human rights-based economy. However, the overrepresentation of women in many informal, low-paying, less innovative and economically less lucrative sectors largely excludes them from decision-making positions and shaping the economy. They are underrepresented in decision-making in the economic governance architecture, multilateral financial institutions, debt servicing systems, capital markets, the industrial infrastructure architecture, trade negotiations and public procurement regimes. For example, women-owned businesses are awarded only 1 per cent of government contracts in the public procurement market,[[fn:10]] and women comprised only 17.7 per cent of inventors named in patent applications in 2023.[[fn:11]] Women occupy only 28.2 per cent of management positions in the labour market,[[fn:12]] and a survey of 185 central banks showed that only 16 per cent were led by women.[[fn:13]] In 2019, only 2 per cent of venture capital was directed towards start-ups founded by women.[[fn:14]] The growing importance of the digital economy and the continuing gender digital gap risk exacerbating this situation and creating new forms of systemic discrimination.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":8,"text":"UN-Women, “Facts and figures: economic empowerment”, February 2024, available at www.unwomen.org/en/what-we-do/economic-empowerment/facts-and-figures."},{"n":9,"text":"UN-Women, “Facts and figures: economic empowerment”."},{"n":10,"text":"International Trade Centre (ITC), “ITC-UN-Women: Global Campaign on Gender-Responsive Public Procurement”, available at www.intracen.org/news-and-events/campaigns/women-in-public-procurement."},{"n":11,"text":"World Intellectual Property Organization, “Intellectual property, gender, and diversity”, available at www.wipo.int/web/gender."},{"n":12,"text":"Taylor Hanna and others, “Forecasting women in leadership positions: technical brief”, (UNWomen), available at www.unwomen.org/sites/default/files/2023-11/forecasting-women-in-leadership-positions.pdf."},{"n":13,"text":"Official Monetary and Financial Institutions Forum, Gender Balance Index 2024."},{"n":14,"text":"United Nations Educational, Scientific and Cultural Organization (UNESCO), UNESCO Science Report: The Race against Time for Smarter Development (Paris, 2021)."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","B. Sustainable, inclusive and human rights-based economy"]},{"id":"cedaw-c-gc-40-0008","docId":"cedaw-c-gc-40","idx":8,"n":8,"text":"8. As highlighted in general recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change, gender inequalities and intersecting forms of discrimination against women and girls are exacerbated by climate change and disasters, which heighten their exposure to resulting risks and losses. The critical role of women in disaster risk reduction is also highlighted in the Sendai Framework for Disaster Risk Reduction 2015–2030. Research shows that countries with more women parliamentarians are more likely to adopt policies on climate change and land conservation and ratify environmental treaties.[[fn:15]] Similarly, having more women on corporate boards has been linked to energy efficiency improvements and a reduced environmental footprint.[[fn:16]] In agricultural regions, women’s traditional and Indigenous knowledge is key to adaptive practices in farming, climate change management and resource management.[[fn:17]] However, women, especially young women, who are leading climate and environmental activism,[[fn:18]] are largely excluded from decision-making. As at 2020, women held only 15 per cent of ministerial portfolios in the environmental sector.[[fn:19]] The representation of women on party delegations at the twenty-eighth session of the Conference of the Parties to the United Nations Framework Convention on Climate Change stood at 34 per cent, a proportion that has remained stagnant over the last 10 years.[[fn:20]]","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":15,"text":"International Union for Conservation of Nature, “New data reveals slow progress in achieving gender equality in environmental decision making”, 1 March 2021."},{"n":16,"text":"Silvia Lesi, “Gender and climate action”, European Investment Bank, 28 July 2023."},{"n":17,"text":"General recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change."},{"n":18,"text":"See also A/HRC/50/25."},{"n":19,"text":"International Union for Conservation of Nature, “New data reveals slow progress in achieving gender equality in environmental decision making”."},{"n":20,"text":"WEDO, “Release: new data shows 34% women’s participation on party delegations at COP28, the same percentage as 10 years ago”, 24 January 2024. Available at https://wedo.org/release-new-data-shows-34-womens-participation-on-party-delegations-at-cop28-the-same-percentage-as-10-years-ago/."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","C. Climate change and environmental disaster risk reduction"]},{"id":"cedaw-c-gc-40-0009","docId":"cedaw-c-gc-40","idx":9,"n":9,"text":"9. The rapidly evolving technological transition, propelled by the exponentially increasing importance of artificial intelligence as a core driver of the digital transformation, is changing the global community. This fifth industrial revolution has immense potential to benefit humanity if developed using an approach that is based on human rights, including women’s rights, and accessibility for persons with disabilities. Diverse perspectives and collective intelligence are essential to achieve this. However, due to gender gaps in access to technologies, including digital literacy, and in studies, careers and leadership positions in science, technology, engineering and mathematics (STEM), women have been severely underrepresented in the development of these technological advances. For example, women make up only 29.2 per cent of all STEM workers, and roughly 30 per cent of the artificial intelligence workforce.[[fn:21]] They comprise only 18 per cent of graduates from doctoral programmes on artificial intelligence,[[fn:22]] and 13.83 per cent of artificial intelligence paper authors.[[fn:23]] Only 12.4 per cent of women are C-Suite executives in STEM.[[fn:24]] Artificial intelligence systems have also shown a tendency to reflect and magnify gender bias,[[fn:25]] which manifests in discriminatory outputs, risking a rollback in gender equality gains and new forms of structural discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":21,"text":"World Economic Forum, Global Gender Gap Report 2023 (Geneva, 2023)."},{"n":22,"text":"Daniel Zhang and others, Artificial Intelligence Index Report 2021 (Stanford, Stanford University, 2021)."},{"n":23,"text":"Gabriela Ramos, “Why we must act now to close the gender gap in AI”, World Economic Forum, 22 August 2022."},{"n":24,"text":"World Economic Forum, Global Gender Gap Report 2023."},{"n":25,"text":"UN-Women, “Artificial intelligence and gender equality”, 22 May 2024, available at www.unwomen.org/en/news-stories/explainer/2024/05/artificial-intelligence-and-gender-equality."}],"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","D. Technological developments, including the rise of artificial intelligence"]},{"id":"cedaw-c-gc-40-0010","docId":"cedaw-c-gc-40","idx":10,"n":10,"text":"10. The disruptive challenges described above must be dealt with at the local, national, regional and international levels. The rules and platforms of multilateralism, the role of which has expanded significantly in recent decades, often maintain discrimination, including the underrepresentation of women, and often respond insufficiently to the complexity of current challenges. A parity-based system, resolutely geared towards the integration of young people and intergenerational leadership, is a condition for the effectiveness, sustainability, resilience, legitimacy and accountability of the multilateral system.","labels":["Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["II. Equal and inclusive representation of women in decision-making systems as a game-changing solution","E. Transformation and sustainability of the multilateral system and governance"]},{"id":"cedaw-c-gc-40-0011","docId":"cedaw-c-gc-40","idx":11,"n":11,"text":"11. Patriarchal structures impede the equal and inclusive representation of women in decision-making systems. Patriarchy is a system of power deeply embedded in political, social, economic and cultural structures. It creates a hierarchy, historically assigning distinct roles, worth and qualities to women and men. It results in a division of labour whereby women are primarily responsible for the private sphere of the home and family, while men are the main actors in the public sphere of politics and economy, based on differential weights assigned to efforts in the two domains. Patriarchy permeates all societies. At its most severe, it takes the form of an institutionalized regime of systematic oppression and domination of women, committed with the intention of maintaining a regime that is increasingly referred to as “gender apartheid”.[[fn:26]]It is therefore crucial to codify the crime of “gender apartheid” to create full accountability for gender-based crimes.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":26,"text":"In article 7 (1) (h) of the Rome Statute of the International Criminal Court, persecution against any identifiable group or collectivity on gender grounds is identified as an act that constitutes a crime against humanity. There is a growing call, including among human rights mechanisms of the Human Rights Council and civil society, for the codification of the crime of gender apartheid under international law, including in the definition of apartheid in article 2 (2) (h) of the Proposed International Convention on the Prevention and Punishment of Crimes Against Humanity."}],"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems"]},{"id":"cedaw-c-gc-40-0012","docId":"cedaw-c-gc-40","idx":12,"n":12,"text":"12. A transformative approach addressing patriarchy, as presented in the present general recommendation, is in line with article 5 (a) of the Convention,[[fn:27]] which commits States parties to eliminating prejudices and practices that are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":27,"text":"Unless otherwise indicated, articles refer to the Convention on the Elimination of All Forms of Discrimination against Women."}],"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-40-0013","docId":"cedaw-c-gc-40","idx":13,"n":13,"text":"13. To this end, the Committee identifies seven pillars of equal and inclusive representation in decision-making systems: (a) fifty-fifty parity between women and men in decision-making systems as a starting point and universal norm; (b) effective youth leadership conditioned by parity; (c) intersectionality and the inclusion of women in all their diversity in decision-making systems; (d) a comprehensive approach to decision-making systems across spheres; (e) equal power and influence exercised by women in decision-making systems; (f) structural transformation for the equal and inclusive representation of women in decision-making systems; and (g) civil society representation in decision-making systems.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems"]},{"id":"cedaw-c-gc-40-0014","docId":"cedaw-c-gc-40","idx":14,"n":14,"text":"14. Targets of 30 per cent for the representation of women in decision-making are incompatible with the Convention’s core aim of elimination of discrimination against women, as they convey a message that inequality between women and men is justifiable. Decision-making will have real and dynamic meaning and lasting effect only when it is based on fifty-fifty parity and takes equal account of the interests of both women and men. The equal and inclusive representation of women is also an important driver of integrity, as it disrupts pre-established collusive networks.[[fn:28]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":28,"text":"See also United Nations Office on Drugs and Crime, The Time is Now: Addressing the Gender Dimensions of Corruption (Vienna, 2020)."}],"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","A. Fifty-fifty parity between women and men in decision-making systems as a starting point and universal norm"]},{"id":"cedaw-c-gc-40-0015","docId":"cedaw-c-gc-40","idx":15,"n":15,"text":"15. As reflected in the concluding observations of the Committee, a growing number of States parties have passed or are considering parity laws for elections and other decision-making roles. Parity means the full and equal sharing of power on a fifty-fifty basis between women and men as a permanent and core feature of all areas, including political, public and economic life. Legislation guaranteeing parity is thus not intended to be removed once women’s historical disadvantages have been redressed but remains as a legal principle and permanent and universal feature of good governance. References to parity in the present general recommendation are always in relation to fifty-fifty parity between women and men in all their diversity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","A. Fifty-fifty parity between women and men in decision-making systems as a starting point and universal norm"]},{"id":"cedaw-c-gc-40-0016","docId":"cedaw-c-gc-40","idx":16,"n":16,"text":"16. Young people have proven to be vital stakeholders in contributing to human rights, sustainable development and peace and security, and the importance of their representation in decision-making has been underlined by States.[[fn:29]] Young people are recognized as critical agents of positive change, fulfilling their own potential and ensuring a world fit for future generations in the 2030 Agenda for Sustainable Development and the Pact for the Future. However, gender inequality between girls and boys, young women and young men compromises their role in constructing a better world. Furthermore, existing approaches to youth engagement often view young people as a homogeneous group, reinforcing social norms and structures that perpetuate inequality. A transformative approach to young people’s engagement is required to reach parity in decision-making for current and future generations. Parity is essential to ensure that young people can build a peaceful, equal, inclusive and sustainable world that responds to their demands, implements their rights, ensures youth co-leadership and intergenerational solidarity, and enables them to anticipate and overcome crises.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":29,"text":"The Pact for the Future, General Assembly resolution 79/1; Human Rights Council resolutions 32/1, 35/14, 41/13 and 51/17; Security Council resolution 2250 (2015); and General Assembly resolution 76/137."}],"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","B. Effective youth leadership conditioned by parity"]},{"id":"cedaw-c-gc-40-0017","docId":"cedaw-c-gc-40","idx":17,"n":17,"text":"17. Under the Convention, States parties must address discrimination against women that intersects with other forms of discrimination, including newly emerging forms of discrimination. In its general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, the Committee clarifies that intersectionality is a basic concept for understanding the scope of States parties’ obligations, a concept further clarified in general recommendation No. 33 (2015) on women’s access to justice and No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19. The Committee consistently issues recommendations to address intersecting and evolving forms of discrimination, including in relation to decision-making roles, and has also issued general recommendations No. 18 (1991) on disabled women, No. 27 (2010) on older women and the protection of their human rights, No. 34 (2016) on the rights of rural women and No. 39 (2022) on the rights of Indigenous women and girls, in all of which it calls for equal and inclusive decision-making. To ensure truly inclusive decision-making systems, women in all their diversity, with particular attention to young people as guarantors of the sustainability of parity, need to be the leading forces in legislation, strategies, policies and programmes aimed at realizing this right.","labels":["Indigenous peoples","Women/girls","Adolescents","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","C. Intersectionality and the inclusion of women in all their diversity in decision-making systems"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"cedaw-c-gc-40-0018","docId":"cedaw-c-gc-40","idx":18,"n":18,"text":"18. Decision-making spans various interconnected spheres. In its general recommendation No. 23 (1997) on women in political and public life, the Committee clarifies that States parties’ obligations under article 7 cover all areas of political and public life. Article 8 further guarantees women’s rights to represent their governments at the international level and participate in the work of international organizations. A joint reading of articles 7 and 8, alongside articles 5 and 9–16 elucidate an expansive approach to women’s representation in all decision-making systems. This aligns with articles 1 and 3, recognizing the interrelated nature of women’s rights across all fields of life. The Committee also highlights the need for the equal and inclusive representation of women in all emerging fields, including artificial intelligence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","D. A comprehensive approach to decision-making systems across spheres"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"}]},{"id":"cedaw-c-gc-40-0019","docId":"cedaw-c-gc-40","idx":19,"n":19,"text":"19. The Convention stipulates that women enjoy equal rights with men. In its general recommendation No. 23 (1997), the Committee stresses that a tokenistic approach is unacceptable – women must be involved equally in decision-making at all levels. However, patriarchal norms often limit women’s opportunities to accede to senior levels of decision-making, where they could drive and influence agendas. The distribution of decision-making roles also often reflects patterns of gender segregation: the allocation of ministerial portfolios, for example, tends to be based on assumptions about stereotyped male and female responsibilities. Equal and inclusive representation in decision-making means that all roles are accessible to women and men at all levels. It also means revaluing and prioritizing issues, as well as ensuring parity across issues.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","E. Equal power and influence exercised by women in decision-making systems"]},{"id":"cedaw-c-gc-40-0020","docId":"cedaw-c-gc-40","idx":20,"n":20,"text":"20. The preamble and articles 5 and 11 (2) (c) stipulate that changing stereotyped gender roles in society and the family, as well as a reclassification of work is needed to achieve full equality. In its general recommendation No. 23 (1997), the Committee elaborates how domestic work and care obligations, women’s economic dependence on men and long and inflexible working hours constitute obstacles to women’s equal and inclusive access to decision-making. Changing these norms and stereotypes requires the structural transformation of gendered roles and responsibilities across the public and private spheres, fostering a context in which women and men can equally integrate professional duties and competencies and family and other care responsibilities, including through a new organization of work and a reconfiguration of the concepts of productivity, monetization and the care economy.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","F. Structural transformation for the equal and inclusive"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"11","paragraph":"2","source":"regex"}]},{"id":"cedaw-c-gc-40-0021","docId":"cedaw-c-gc-40","idx":21,"n":21,"text":"21. The representation of women in civil society is essential for integrating a gender perspective in decision-making and for advising States in the development of gender-responsive legislation and policies. In particular, the role of women’s rights organizations and women human rights defenders must be seen as equally important as that of other civil society organizations, and parity must also be achieved in civil society organizations. To create more inclusive forms of governance, States should open pathways and remove any obstacles, reverse the increasing closing of civic space, ensure rights protection and provide financial support and capacity-building to women’s and girls’ organizations and women human rights defenders, so that they can participate substantively in all fields of decision-making, including but also going beyond issues that are narrowly perceived as “women’s issues”. Support should also be provided to other civil society organizations to establish a parity-based system, to see it as their role and to develop their capacity to work towards parity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["III. Seven pillars of equal and inclusive representation of women in decision-making systems","G. Civil society representation in decision-making systems"]},{"id":"cedaw-c-gc-40-0022","docId":"cedaw-c-gc-40","idx":22,"n":22,"text":"22. Under international human rights treaty law, women are guaranteed the right to equal and inclusive representation in decision-making systems. The Convention on the Elimination of All Forms of Discrimination against Women affirms women’s equal right to participate in political and public life, including international decision-making and decision-making related to peace and security, as well as their equal rights to participate in decision-making in the economic sector. The Convention on the Political Rights of Women grants women equal rights to vote, run for office and hold public positions without discrimination.[[fn:30]] Under the International Covenant on Civil and Political Rights, women and men have equal civil and political rights, including in relation to decision-making in the political and public spheres.[[fn:31]] The International Covenant on Economic, Social and Cultural Rights also stipulates the equal right of men and women to enjoyment of all economic, social and cultural rights, thereby also including decision-making in these spheres.[[fn:32]] Regional conventions, including the American Convention on Human Rights, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, the African Charter on Human and Peoples’ Rights and the Protocol thereto on the Rights of Women in Africa, the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), the Charter of Fundamental Rights of the European Union and the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence[[fn:33]] ensure similar protections. Reflecting an intersectional approach, the Convention on the Rights of Persons with Disabilities recognizes that women with disabilities face multiple forms of discrimination and stipulates that States parties must ensure that all persons with disabilities can effectively and fully participate in the conduct of public affairs.[[fn:34]]The International Convention on the Elimination of All Forms of Racial Discrimination prohibits racial discrimination across all political, economic, social, cultural or any other field of public life.[[fn:35]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":30,"text":"Convention on the Political Rights of Women, arts. 1–3."},{"n":31,"text":"International Covenant on Civil and Political Rights, arts. 1 (1) and 3."},{"n":32,"text":"International Covenant on Economic, Social and Cultural Rights, art. 3."},{"n":33,"text":"European Convention on Human Rights, art. 14; American Convention on Human Rights, arts. 1 and 23; Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, arts. 4 and 5; African Charter on Human and Peoples’ Rights, arts. 2 and 13; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, art. 9; Charter of Fundamental Rights of the European Union, arts. 21, 23, 39, and 40; and Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, preamble and arts. 1 and 6."},{"n":34,"text":"Convention on the Rights of Persons with Disabilities, arts. 6 and 29."},{"n":35,"text":"International Convention on the Elimination of All Forms of Racial Discrimination, art. 5."}],"section":["IV. Normative framework for the equal and inclusive"]},{"id":"cedaw-c-gc-40-0023","docId":"cedaw-c-gc-40","idx":23,"n":23,"text":"23. The four United Nations World Conferences on Women, held in Mexico (1975), Copenhagen (1980), Nairobi (1985) and Beijing (1995), have shaped women’s roles as equal actors in decision-making. In the Beijing Declaration and Platform for Action, the participation of women in power and decision-making is identified among the strategic objectives. Governments are called upon to remove all obstacles to women’s full and equal share in economic, social, cultural and political decision-making, so that power and responsibility are shared between women and men at home, in the workplace and in the wider national and international communities.[[fn:36]] In its resolution 1325 (2000) and its subsequent resolutions, the Security Council urges States to ensure the equal representation of women at all decision-making in conflict prevention, management and resolution. Sustainable Development Goal targets 5.5 and 16.7 are aimed at women’s full participation and leadership in political, economic and public decision-making, and progress towards those targets is tracked using representative metrics based on gender, age, disability and population group.[[fn:37]] In the agreed conclusions adopted at its sixty-fifth session, the Commission on the Status of Women urged that action be taken to achieve the goal of fifty-fifty gender balance at all levels of elected positions.[[fn:38]] Under action 8 of the Pact for the Future, States have undertaken to ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.[[fn:39]] In action 19, it is recognized that the full, equal, safe and meaningful participation of women in decision-making at all levels of peace and security is essential to achieve sustainable peace.[[fn:40]] In the Kigali Declaration, adopted at the 145th Assembly of the Inter-Parliamentary Union, parliaments committed to achieving parity in political decision-making.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":36,"text":"Beijing Declaration and Platform for Action, paras. 1, 190 and 192."},{"n":37,"text":"See https://sdgs.un.org/goals/goal16#targets_and_indicators."},{"n":38,"text":"E/2021/27, chap. I.A."},{"n":39,"text":"General Assembly resolution 79/1, para. 27 (b)."},{"n":40,"text":"Ibid., para. 40."}],"section":["IV. Normative framework for the equal and inclusive"]},{"id":"cedaw-c-gc-40-0024","docId":"cedaw-c-gc-40","idx":24,"n":24,"text":"24. The principles of non-discrimination and substantive equality are affirmed in articles 1 to 4. Non-discrimination is defined in article 1, while the obligations of legislative and other measures to achieve non-discrimination and substantive equality in all areas are enshrined in articles 2 and 3. Under article 4, it is established that temporary special measures to accelerate substantive equality shall not be considered a form of discrimination. In its general recommendation No. 25 (2004) on temporary special measures, the Committee explains that, under the non-discrimination obligation, States parties are required to ensure that there is no direct or indirect discrimination in their laws and that women are protected against discrimination in both the public and private spheres. In its general recommendation No. 28 (2010), the Committee clarifies that it is necessary to assess the de jure and de facto situation of women and implement policies for substantive equality, grounded in constitutional and legislative guarantees and supported by action plans.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","1. Ensuring non-discrimination and substantive equality"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"4","source":"regex"}]},{"id":"cedaw-c-gc-40-0025","docId":"cedaw-c-gc-40","idx":25,"n":25,"text":"25. In order to achieve substantive equality, in its general recommendation No. 5 (1988) on temporary special measures, the Committee urges States parties to use temporary special measures, such as positive action, preferential treatment or quota systems. Further examples of temporary special measures are specified in general recommendation No. 25. While temporary special measures are sometimes misunderstood to conflict with constitutional equality or merit-based systems, in general recommendation No. 25 (2004), the Committee clarifies that the non-identical treatment of women and men is sometimes necessary to address socially and culturally constructed inequalities that hamper a true merit-based system. The Committee underlines the need to establish a strong legal framework, including targeted permanent and temporary special measures, to prevent and address discrimination and ensure substantive equality in order to reach fifty-fifty parity in decision-making systems within a clear time frame. Such a legal framework is currently insufficient or lacks implementation or institutionalization.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","1. Ensuring non-discrimination and substantive equality"]},{"id":"cedaw-c-gc-40-0026","docId":"cedaw-c-gc-40","idx":26,"n":26,"text":"26. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","1. Ensuring non-discrimination and substantive equality"]},{"id":"cedaw-c-gc-40-0027","docId":"cedaw-c-gc-40","idx":27,"n":27,"text":"27. In the Convention, it is recognized that women can face multiple and intersecting forms of discrimination, mentioning women in poverty (preamble), women of a particular marital status (articles 9, 11 and 16), pregnant women (articles 11 and 12) and rural women (article 14). By mentioning specific groups of women, it is made clear that, to eliminate all forms of discrimination against women, States parties must also tackle all possible intersecting factors of discrimination. In various general recommendations and concluding observations, the Committee observes how discrimination against women interacts with other forms of discrimination, including that based on race, ethnicity, indigenous status, religion, belief, health, status, disability, age, class, caste, sexual orientation, gender identity, political opinion, national origin, marital and/or maternal status, socioeconomic status, and refugee, asylum-seeking, displaced or migratory status. That list is nonexhaustive and might vary across countries and over time and include newly emerging forms of discrimination, such as discrimination against climate refugees. The Committee has also specifically and constantly stressed the rights of women in all their diversity to participate in decision-making at all levels.","labels":["Indigenous peoples","Migrants","Women/girls","Persons living in rural/remote areas","Persons living in poverty","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","2. Intersectionality and diversity among women"],"citedArticles":[{"treaty":"CEDAW","article":"9","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"14","source":"regex"}]},{"id":"cedaw-c-gc-40-0028","docId":"cedaw-c-gc-40","idx":28,"n":28,"text":"28. The Committee notes that women subjected to intersecting forms of discrimination will encounter additional barriers to access decision-making roles. It identifies a lack of statistical data on women in decision-making, disaggregated by other grounds of discrimination. The Committee stresses that all aspects of the present general recommendation should be interpreted within an intersectional framework.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","2. Intersectionality and diversity among women"]},{"id":"cedaw-c-gc-40-0029","docId":"cedaw-c-gc-40","idx":29,"n":29,"text":"29. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","2. Intersectionality and diversity among women"]},{"id":"cedaw-c-gc-40-0030","docId":"cedaw-c-gc-40","idx":30,"n":30,"text":"30. Under article 5, States parties are required to eliminate all forms of gender stereotypes in all spheres.[[fn:41]] The Committee observes strong prevalence of gender stereotypes in all spheres of society, including their perpetuation and exacerbation through media portrayals of women reinforcing the dominant position of men. The rapidly emerging artificial intelligence sector, including generative artificial intelligence, computer vision systems, speech and audio artificial intelligence, robotics and control systems, specialized artificial intelligence systems and hybrid artificial intelligence systems, learns from frequently gender-biased training data, carrying gender-based discrimination from the analog into the digital world, and needs to be addressed urgently from a human rights, including women’s rights, perspective. Furthermore, some misinterpretations of religion and culture can shape gender stereotypes. The Committee emphasizes that gender stereotypes constitute a key barrier to women’s equal access to decision-making.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":41,"text":"In its forthcoming general recommendation No. 41, the Committee will specifically address gender stereotypes in various sectors, including in connection with the media, digitalization and artificial intelligence."}],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","3. Dismantling gender stereotypes"],"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"cedaw-c-gc-40-0031","docId":"cedaw-c-gc-40","idx":31,"n":31,"text":"31. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","3. Dismantling gender stereotypes"]},{"id":"cedaw-c-gc-40-0032","docId":"cedaw-c-gc-40","idx":32,"n":32,"text":"32. The right of women to participate on equal terms with men in their countries’ political, social, economic and cultural life is recognized in the preamble and articles 7 and 8 of the Convention. In its general recommendation No. 23 (1997), the Committee clarifies that equal sharing of decision-making power must avoid tokenism, whereby women are included but restricted to less influential roles or gain their position by virtue of connections to male relatives. It establishes that States parties have a responsibility to appoint women to senior decision-making roles. The Committee observes that women remain underrepresented in leadership positions at all levels and, when included, are often restricted to less influential roles or leadership roles in areas stereotypically associated with femaleness and stereotypically deemed less important.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","3. Dismantling gender stereotypes"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"cedaw-c-gc-40-0033","docId":"cedaw-c-gc-40","idx":33,"n":33,"text":"33. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","3. Dismantling gender stereotypes"]},{"id":"cedaw-c-gc-40-0034","docId":"cedaw-c-gc-40","idx":34,"n":34,"text":"34. Equal access to all levels and aspects of education is enshrined in article 10 and further elaborated in general recommendation No. 36 (2017) on the right of girls and women to education. It is a key precondition for accessing decision-making systems on an equal footing with men and boys. However, the Committee observes that many women and girls still do not benefit from equal access to or participation in education, in law and in practice. The violation of this right is further exacerbated through intersectional discrimination, as seen, for example, against women and girls with disabilities. Even when equal access is granted, gender stereotypes are prevalent in the education system, including in teaching and learning materials, classroom practices, teacher training and biased attitudes towards girls and women both inside and outside the school environment, gearing them towards traditional fields of study and gendered behaviours. This not only keeps women out of certain disciplines that are critical to shaping the future, such as new technologies, including artificial intelligence, but also prevents them from envisioning themselves assuming a decision-making role. It is a key task of an education system to integrate an “education to empowerment”, ensuring that girls, boys, women and men are given the tools necessary to achieve parity and exercise leadership in an equal, responsible and ethical manner.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"],"citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"}]},{"id":"cedaw-c-gc-40-0035","docId":"cedaw-c-gc-40","idx":35,"n":35,"text":"35. The Committee recommends that States parties:","labels":["Women/girls","Children","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"]},{"id":"cedaw-c-gc-40-0036","docId":"cedaw-c-gc-40","idx":36,"n":36,"text":"36. Gender-based violence against women is a form of discrimination directed against a woman because she is a woman or that affects women disproportionately.[[fn:42]] It seriously inhibits women’s ability to enjoy rights and freedoms on equal basis with men. In its general recommendation No. 35 (2017), the Committee defines gender-based violence against women as taking multiple forms, including acts or omissions intended or likely to cause or result in death or physical, sexual, psychological or economic harm or suffering to women, threats of such acts, harassment, coercion and arbitrary deprivation of liberty. Such violence may occur in all spheres of human interaction, whether public or private, including in the contexts of the family, the community, public spaces, the workplace, leisure, politics, sport, health services and educational settings. It can also occur online and in other digital environments and also takes the shape of structural, emotional and economic violence. It also often targets women human rights defenders, politicians, activists and journalists. The prohibition of gender-based violence against women has further evolved into a principle of customary international law, as illustrated in general recommendation No. 35 (2017).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":42,"text":"General recommendation No. 19 (1992) on violence against women."}],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"]},{"id":"cedaw-c-gc-40-0037","docId":"cedaw-c-gc-40","idx":37,"n":37,"text":"37. The Committee observes that legislation addressing gender-based violence against women is often lacking, in whole or in part, and, where it does exist, it is often not fully implemented. Gender-based violence against women in the public and the private sphere prevents women from taking initial steps toward representation in decision-making. When exercised against women in decision-making roles, it may push them out and constitute a chilling effect discouraging other women from reaching for such positions. Legislation to specifically address gender-based violence against women in political and public life, including against women human rights defenders, politicians, activists, journalists and voters, is frequently lacking. The Committee highlights the role of media outlets and social media platforms in committing, perpetuating and normalizing gender-based violence against women, and the role of political parties in trivializing such violence, including sexual harassment and other misogynistic behaviour, within their ranks. It also recognizes that gender-based violence against women, including in decision-making, is often exacerbated for women who are subjected to intersectional discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"]},{"id":"cedaw-c-gc-40-0038","docId":"cedaw-c-gc-40","idx":38,"n":38,"text":"38. The Committee stresses that gender-based violence against women, while discrimination itself, is the result of an unequal and discriminatory system, based on the structural domination and exclusion of women. While emphasizing the importance of adopting and implementing robust legislation to address gender-based violence against women, it also urges States parties to adopt a comprehensive approach and implement all rights under the Convention, including institutionalizing parity, as the key safeguard against gender-based violence against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"]},{"id":"cedaw-c-gc-40-0039","docId":"cedaw-c-gc-40","idx":39,"n":39,"text":"39. The Committee recommends that States parties:","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership"]},{"id":"cedaw-c-gc-40-0040","docId":"cedaw-c-gc-40","idx":40,"n":40,"text":"40. In its general recommendations No. 23 (1997), No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations, No. 34 (2016), No. 37 (2018) and No. 39 (2022), the Committee calls upon States parties to ensure that civil society representatives are consulted and can actively shape policy formulation, implementation and monitoring in all areas and at all levels. Currently, spaces to consult with women’s and girls’ rights civil society organizations are limited and often not institutionalized, and consultation is frequently limited to issues narrowly perceived as “women’s issues”, rather than the full range of local, national, regional and international policy issues.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership","online gender-based violence against women and harassment, and ensure accountability through the adoption and implementation of laws and international regulations with an approach based in human rights, in particular women’s rights;"]},{"id":"cedaw-c-gc-40-0041","docId":"cedaw-c-gc-40","idx":41,"n":41,"text":"41. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","A. General obligations to achieve the equal and inclusive","5. Education towards empowerment and leadership","online gender-based violence against women and harassment, and ensure accountability through the adoption and implementation of laws and international regulations with an approach based in human rights, in particular women’s rights;"]},{"id":"cedaw-c-gc-40-0042","docId":"cedaw-c-gc-40","idx":42,"n":42,"text":"42. Under article 7 (a), women are guaranteed the right to vote in all elections and referendums. However, despite legal reforms, women still face barriers to fully exercising this right. In its general recommendation No. 21 (1994) on equality in marriage and family relations, the Committee notes that nationality laws may deprive women of their right to vote based on family or marital status and, in its general recommendation No. 23 (1997), the Committee highlights obstacles, including women’s limited access to candidate information, voter registration challenges linked to caring responsibilities and financial constraints that limit their time to follow campaigns and turn out to vote, as well as stereotypes discouraging women from voting or leading to attempts by men to influence or control women’s voting. Women may also face additional barriers to voting due to the lack of or control over necessary identification documents.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-40-0043","docId":"cedaw-c-gc-40","idx":43,"n":43,"text":"43. The Committee recommends that States parties:","labels":["Women/girls","Children","Persons with disabilities","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making"]},{"id":"cedaw-c-gc-40-0044","docId":"cedaw-c-gc-40","idx":44,"n":44,"text":"44. The right of women to stand for election to any public body is established in article 7 (a). The Committee observes, however, that the number of women candidates remains structurally limited and that women candidates remain subjected to significant discrimination in this area.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-40-0045","docId":"cedaw-c-gc-40","idx":45,"n":45,"text":"45. The Committee recommends that States parties:","labels":["Women/girls","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"]},{"id":"cedaw-c-gc-40-0046","docId":"cedaw-c-gc-40","idx":46,"n":46,"text":"46. Women’s right to participate in the formulation and implementation of government policy is guaranteed under article 7 (b). This includes the responsibilities of the parliament, local and regional councils and other community decision-making bodies. Under article 11, States parties are required to reconcile conflicts between work and family life, and, in general recommendation No. 25 (2004), the Committee recommends that laws, policies and programmes consider aspects of women’s lives that may differ from those of men. Despite progress, women still hold only 27 per cent of seats in national parliaments[[fn:43]] and constitute 35.5 per cent of elected members in local government.[[fn:44]] They hold just 24.1 per cent of parliamentary speaker roles[[fn:45]] and 18.9 per cent of chairs of parliamentary committees on defence, finance, foreign affairs and human rights.[[fn:46]] They often account for less than 15 per cent of mayors and governors at the local and provincial levels. Few women serve as presidents and prime ministers, and only 23.3 per cent of cabinet ministers globally are women.[[fn:47]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":43,"text":"Inter-Parliamentary Union, “Global and regional averages of women in national parliaments”, Parline database, available at https://data.ipu.org/women-averages (accessed on 25 October 2024)."},{"n":44,"text":"UN-Women, “Facts and figures: women’s leadership and political participation”, 2 October 2024, available at www.unwomen.org/en/what-we-do/leadership-and-political-participation/facts-and-figures."},{"n":45,"text":"Inter-Parliamentary Union, “Women speakers of national parliaments”, Parline database, available at https://data.ipu.org/women-speakers (accessed on 25 October 2024)."},{"n":46,"text":"Inter-Parliamentary Union, “Women in parliament in 2023”, available at www.ipu.org/resources/ publications/reports/2024-03/women-in-parliament-2023."},{"n":47,"text":"UN-Women, “Facts and figures: women’s leadership and political participation”."}],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"}]},{"id":"cedaw-c-gc-40-0047","docId":"cedaw-c-gc-40","idx":47,"n":47,"text":"47. The Committee recommends that States parties:","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"]},{"id":"cedaw-c-gc-40-0048","docId":"cedaw-c-gc-40","idx":48,"n":48,"text":"48. Article 7 (b) stipulates women’s rights to hold public office and perform all government functions, another area in which women remain underrepresented in leadership positions.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-40-0049","docId":"cedaw-c-gc-40","idx":49,"n":49,"text":"49. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"]},{"id":"cedaw-c-gc-40-0050","docId":"cedaw-c-gc-40","idx":50,"n":50,"text":"50. Under article 7 (c), women have the right to participate in non-governmental organizations and associations concerned with public and political life. Further guidance in this regard is provided in general recommendations No. 23 (1997), No. 33 (2015) and No. 39 (2022). At present, provisions requiring that political parties, trade unions and professional associations ensure parity in their decision-making bodies are lacking or their implementation is limited. Representatives of civil society organizations and women human rights defenders are also frequently subjected to legal restrictions and to threats, attacks and reprisals.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"],"citedArticles":[{"treaty":"CEDAW","article":"7","source":"regex"}]},{"id":"cedaw-c-gc-40-0051","docId":"cedaw-c-gc-40","idx":51,"n":51,"text":"51. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","1. Parity in political and public decision-making","(b) Right to stand for election"]},{"id":"cedaw-c-gc-40-0052","docId":"cedaw-c-gc-40","idx":52,"n":52,"text":"52. The Committee highlights that, as critical decisions are increasingly made at the global level, international decision-making is an area in which parity needs to be pioneered and established.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making"]},{"id":"cedaw-c-gc-40-0053","docId":"cedaw-c-gc-40","idx":53,"n":53,"text":"53. Under article 8, States parties are required to ensure that women have equal opportunities to represent their governments at the international level. Women served as 20.54 per cent of ambassadors in 2023.[[fn:48]] At the United Nations, 39 per cent of heads and deputy heads of mission were women in 2023.[[fn:49]] Women remain underrepresented in diplomatic and foreign services of most States parties, particularly in the highest ranks, and tend to be appointed as ambassadors in embassies considered less important for their country’s foreign relations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":48,"text":"Anwar Gargash Diplomatic Academy, Women in Diplomacy Dashboard, available at https://womenindiplomacy.ae."},{"n":49,"text":"UN-Women, “Facts and figures: women, peace, and security”."}],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making"],"citedArticles":[{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"cedaw-c-gc-40-0054","docId":"cedaw-c-gc-40","idx":54,"n":54,"text":"54. The Committee notes with appreciation that some States parties have adopted a feminist foreign policy, which seeks to advance gender equality and women’s rights through foreign policy and multilateral engagement.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making"]},{"id":"cedaw-c-gc-40-0055","docId":"cedaw-c-gc-40","idx":55,"n":55,"text":"55. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making"]},{"id":"cedaw-c-gc-40-0056","docId":"cedaw-c-gc-40","idx":56,"n":56,"text":"56. Article 8 stipulates equal opportunities for women to participate in the work of international organizations, which also includes universal and regional organizations. In its general recommendation No. 23 (1997), the Committee attributes the underrepresentation of women to the absence of objective criteria and processes for appointment and promotion to relevant positions. At present, concrete mechanisms to reach parity in the international arena are lacking.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making","new national and international partnerships on parity, including regarding development policies, debt and economic sanctions."],"citedArticles":[{"treaty":"CEDAW","article":"8","source":"regex"}]},{"id":"cedaw-c-gc-40-0057","docId":"cedaw-c-gc-40","idx":57,"n":57,"text":"57. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","2. Parity in international decision-making","new national and international partnerships on parity, including regarding development policies, debt and economic sanctions."]},{"id":"cedaw-c-gc-40-0058","docId":"cedaw-c-gc-40","idx":58,"n":58,"text":"58. It is affirmed in the preamble that the cause of peace requires the maximum participation of women on equal terms with men in all fields. Building on the Convention, its general recommendation No. 30 (2013) and Security Council resolution 1325 (2000) and subsequent resolutions, the Committee emphasizes the essential character of parity in all sectors as a prerequisite for peace and security. Women, however, remain significantly underrepresented in all decision-making systems in relation to peace and security.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","3. Parity in peace and security decision-making"]},{"id":"cedaw-c-gc-40-0059","docId":"cedaw-c-gc-40","idx":59,"n":59,"text":"59. The Committee observes that the increasingly complex and changing nature of conflict, emerging security threats caused by new technologies, including cyberattacks and artificial intelligence-driven lethal autonomous weapon systems, which may also exacerbate existing power imbalances and biases, a climate emergency, pandemics, the increasing exploration of outer space and various shifts in the geopolitical landscape have created an urgent need for the expansion of the women and peace and security agenda to address newly emerging threats, including those going beyond armed conflict prevention. The women and peace and security agenda must be applied both domestically and internationally and both in armed conflict prevention and in building resilience to all impending and unanticipated crisis situations.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","3. Parity in peace and security decision-making"]},{"id":"cedaw-c-gc-40-0060","docId":"cedaw-c-gc-40","idx":60,"n":60,"text":"60. The Committee underlines that the degree of prioritization and implementation of women’s rights in times of peace is intricately connected to their treatment in times of conflict. Domestic, foreign and transnational policies are also strongly interconnected and have cross-border and global impact on women’s lives. It is therefore also essential to apply the women and peace and security agenda with a new interdisciplinary understanding of the interconnected nature of these dynamics and use it as tool to secure women’s rights and a gender-responsive peace in all contexts, through both international development and domestic policies.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","3. Parity in peace and security decision-making"]},{"id":"cedaw-c-gc-40-0061","docId":"cedaw-c-gc-40","idx":61,"n":61,"text":"61. The Committee recommends that States parties:","labels":["Women/girls","Adolescents","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","3. Parity in peace and security decision-making"]},{"id":"cedaw-c-gc-40-0062","docId":"cedaw-c-gc-40","idx":62,"n":62,"text":"62. A joint reading of the obligation to eliminate discrimination and achieve substantive equality in articles 1–3 and women’s equal rights in decision-making enshrined in articles 7 and 8 with their specific rights in relation to education, employment and economic empowerment in line with articles 10, 11 and 13 provides for parity in economic decision-making. This is further underlined and explained in general recommendations No. 13 (1989) on equal remuneration for work of equal value, No. 16 (1991) on unpaid women workers in rural and urban family enterprises, No. 17 (1991) on the measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product, No. 36 (2017) and No. 39 (2022).","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"7","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"},{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"13","source":"regex"}]},{"id":"cedaw-c-gc-40-0063","docId":"cedaw-c-gc-40","idx":63,"n":63,"text":"63. The Committee acknowledges the positive steps by private sector and key economic institutions to implement the business and human rights frameworks but considers that the private sector has a specific responsibility to establish parity at all levels. Women’s autonomy and parity is the precondition for women to positively combine their productive outputs, professional career and their personal choices, including with regards to maternity. A more gender-balanced top management is also correlated with more robust anti-corruption measures and increased transparency, with clear benefits for private sector organizations.[[fn:51]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[{"n":51,"text":"Scott Berinato, “Banks with more women on their boards commit less fraud”, Harvard Business Review, May–June 2021, available at https://hbr.org/2021/05/banks-with-more-women-on-their-boards-commit-less-fraud; and Kellie A. McElhaney and Sanaz Mobasseri, “Women create a sustainable future”, October 2012, available at www.eticanews.it/wp-content/uploads/2012/11/ Report-Women_Create_Sustainable_Value.pdf."}],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making"]},{"id":"cedaw-c-gc-40-0064","docId":"cedaw-c-gc-40","idx":64,"n":64,"text":"64. De jure and de facto discrimination and significant gaps in global and national economic frameworks and governance systems prevent women from being able to equally shape and access the economic market and assume decision-making roles therein. It also results in a failure to implement women’s economic rights and capture women’s productive outputs and contributions. Furthermore, unpaid care work, which is disproportionately carried out by women, constitutes a key factor that prevents women from accessing economic opportunities on the same level as men and needs to be revalued and shared equally.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making"]},{"id":"cedaw-c-gc-40-0065","docId":"cedaw-c-gc-40","idx":65,"n":65,"text":"65. The Committee also identifies the digital economy, including the technological transition and development and the use of artificial intelligence, as a key field requiring the equal and inclusive representation of women. This is crucial to prevent the perpetuation of gender stereotypes and new forms of discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making"]},{"id":"cedaw-c-gc-40-0066","docId":"cedaw-c-gc-40","idx":66,"n":66,"text":"66. The Committee recommends that States parties:","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making"]},{"id":"cedaw-c-gc-40-0067","docId":"cedaw-c-gc-40","idx":67,"n":67,"text":"67. Women’s control over their own bodies and lives and their equal rights, including legal status and legal capacity in all spheres, including in the family and community sphere, are enshrined in the Convention and are fundamental to exercising all their human rights, including their right to equal access to decision-making. The Committee observes that, despite progress, women’s and girls’ enjoyment of their rights in these areas often remains very limited. It also underlines, in its general recommendations No. 21 (1994) and No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, that unequal rights in family relations underlie all other aspects of discrimination against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making","division of responsibilities and company culture, providing incentives for good results, and request companies to report annually on measures to institutionalize parity;"]},{"id":"cedaw-c-gc-40-0068","docId":"cedaw-c-gc-40","idx":68,"n":68,"text":"68. The Committee recommends that States parties:","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"footnotes":[],"section":["V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems","B. Specific obligations to achieve the equal and inclusive","4. Parity in economic decision-making","division of responsibilities and company culture, providing incentives for good results, and request companies to report annually on measures to institutionalize parity;"]},{"id":"cedaw-c-gc-40-0069","docId":"cedaw-c-gc-40","idx":69,"n":69,"text":"69. The Committee underlines the urgency of reaching parity in all decision-making systems to meet States parties’ overdue obligations under international law as well as to collectively build equal, resilient and prosperous societies.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["VI. Accountability and monitoring of State obligations to achieve parity-based systems"]},{"id":"cedaw-c-gc-40-0070","docId":"cedaw-c-gc-40","idx":70,"n":70,"text":"70. The Committee recommends that States parties:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["VI. Accountability and monitoring of State obligations to achieve parity-based systems"]},{"id":"cedaw-c-gc-40-0071","docId":"cedaw-c-gc-40","idx":71,"n":71,"text":"71. Building on existing commitments, the Committee sees several opportunities for action by the international community and regional organizations to advance the legal and normative basis for parity in decision-making in all spheres and at all levels.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["VII. Actions for the international community to ensure parity-based systems"]},{"id":"cedaw-c-gc-40-0072","docId":"cedaw-c-gc-40","idx":72,"n":72,"text":"72. The Committee recommends that the international community:","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2024,"section":["VII. Actions for the international community to ensure parity-based systems"]},{"id":"annotated-cedaw-gr19-violence-0001","docId":"annotated-cedaw-gr19-violence","idx":1,"n":1,"text":"Gender-based violence is a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Background"]},{"id":"annotated-cedaw-gr19-violence-0002","docId":"annotated-cedaw-gr19-violence","idx":2,"n":2,"text":"In 1989, the Committee recommended that States should include in their reports information on violence and on measures introduced to deal with it (General recommendation 12, Eighth session).","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Background"]},{"id":"annotated-cedaw-gr19-violence-0003","docId":"annotated-cedaw-gr19-violence","idx":3,"n":3,"text":"At its tenth session in 1991, it was decided to allocate part of the eleventh session to a discussion and study on article 6 and other articles of the Convention relating to violence towards women and the sexual harassment and exploitation of women. That subject was chosen in anticipation of the 1993 World Conference on Human Rights, convened by the General Assembly by its resolution 45/155 of 18 December 1990.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Background"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0004","docId":"annotated-cedaw-gr19-violence","idx":4,"n":4,"text":"The Committee concluded that not all the reports of States parties adequately reflected the close connection between discrimination against women, gender-based violence, and violations of human rights and fundamental freedoms. The full implementation of the Convention required States to take positive measures to eliminate all forms of violence against women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Background"]},{"id":"annotated-cedaw-gr19-violence-0005","docId":"annotated-cedaw-gr19-violence","idx":5,"n":5,"text":"The Committee suggested to States parties that in reviewing their laws and policies, and in reporting under the Convention, they should have regard to the following comments of the Committee concerning gender-based violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Background"]},{"id":"annotated-cedaw-gr19-violence-0006","docId":"annotated-cedaw-gr19-violence","idx":6,"n":6,"text":"The Convention in article 1 defines discrimination against women. The definition of discrimination includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["General comments"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0007","docId":"annotated-cedaw-gr19-violence","idx":7,"n":7,"text":"Gender-based violence, which impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions, is discrimination within the meaning of article 1 of the Convention. These rights and freedoms include: (a) The right to life; (b) The right not to be subject to torture or to cruel, inhuman or degrading treatment or punishment; (c) The right to equal protection according to humanitarian norms in time of international or internal armed conflict; (d) The right to liberty and security of person; (e) The right to equal protection under the law; (f) The right to equality in the family; (g) The right to the highest standard attainable of physical and mental health; (h) The right to just and favourable conditions of work.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["General comments"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0008","docId":"annotated-cedaw-gr19-violence","idx":8,"n":8,"text":"The Convention applies to violence perpetrated by public authorities. Such acts of violence may breach that State’s obligations under general international human rights law and under other conventions, in addition to breaching this Convention.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["General comments"]},{"id":"annotated-cedaw-gr19-violence-0009","docId":"annotated-cedaw-gr19-violence","idx":9,"n":9,"text":"It is emphasized, however, that discrimination under the Convention is not restricted to action by or on behalf of Governments (see articles 2 (e), 2 (f) and 5). For example, under article 2 (e) the Convention calls on States parties to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. Under general international law and specific human rights covenants, States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["General comments"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"2","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0010","docId":"annotated-cedaw-gr19-violence","idx":10,"n":10,"text":"Articles 2 and 3 establish a comprehensive obligation to eliminate discrimination in all its forms in addition to the specific obligations under articles 5-16.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Articles 2 and 3"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"3","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0011","docId":"annotated-cedaw-gr19-violence","idx":11,"n":11,"text":"Traditional attitudes by which women are regarded as subordinate to men or as having stereotyped roles perpetuate widespread practices involving violence or coercion, such as family violence and abuse, forced marriage, dowry deaths, acid attacks and female circumcision. Such prejudices and practices may justify gender-based violence as a form of protection or control of women. The effect of such violence on the physical and mental integrity of women is to deprive them of the equal enjoyment, exercise and knowledge of human rights and fundamental freedoms. While this comment addresses mainly actual or threatened violence the underlying consequences of these forms of gender-based violence help to maintain women in subordinate roles and contribute to their low level of political participation and to their lower level of education, skills and work opportunities.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Articles 2 (f), 5 and 10 (c)"]},{"id":"annotated-cedaw-gr19-violence-0012","docId":"annotated-cedaw-gr19-violence","idx":12,"n":12,"text":"These attitudes also contribute to the propagation of pornography and the depiction and other commercial exploitation of women as sexual objects, rather than as individuals. This in turn contributes to gender-based violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Articles 2 (f), 5 and 10 (c)"]},{"id":"annotated-cedaw-gr19-violence-0013","docId":"annotated-cedaw-gr19-violence","idx":13,"n":13,"text":"States parties are required by article 6 to take measures to suppress all forms of traffic in women and exploitation of the prostitution of women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 6"],"citedArticles":[{"treaty":"CEDAW","article":"6","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0014","docId":"annotated-cedaw-gr19-violence","idx":14,"n":14,"text":"Poverty and unemployment increase opportunities for trafficking in women. In addition to established forms of trafficking there are new forms of sexual exploitation, such as sex tourism, the recruitment of domestic labour from developing countries to work in developed countries, and organized marriages between women from developing countries and foreign nationals. These practices are incompatible with the equal enjoyment of rights by women and with respect for their rights and dignity. They put women at special risk of violence and abuse.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 6"]},{"id":"annotated-cedaw-gr19-violence-0015","docId":"annotated-cedaw-gr19-violence","idx":15,"n":15,"text":"Poverty and unemployment force many women, including young girls, into prostitution. Prostitutes are especially vulnerable to violence because their status, which may be unlawful, tends to marginalize them. They need the equal protection of laws against rape and other forms of violence.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 6"]},{"id":"annotated-cedaw-gr19-violence-0016","docId":"annotated-cedaw-gr19-violence","idx":16,"n":16,"text":"Wars, armed conflicts and the occupation of territories often lead to increased prostitution, trafficking in women and sexual assault of women, which require specific protective and punitive measures.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 6"]},{"id":"annotated-cedaw-gr19-violence-0017","docId":"annotated-cedaw-gr19-violence","idx":17,"n":17,"text":"Equality in employment can be seriously impaired when women are subjected to gender-specific violence, such as sexual harassment in the workplace.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 11"]},{"id":"annotated-cedaw-gr19-violence-0018","docId":"annotated-cedaw-gr19-violence","idx":18,"n":18,"text":"Sexual harassment includes such unwelcome sexually determined behaviour as physical contact and advances, sexually coloured remarks, showing pornography and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 11"]},{"id":"annotated-cedaw-gr19-violence-0019","docId":"annotated-cedaw-gr19-violence","idx":19,"n":19,"text":"States parties are required by article 12 to take measures to ensure equal access to health care. Violence against women puts their health and lives at risk.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 12"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"annotated-cedaw-gr19-violence-0020","docId":"annotated-cedaw-gr19-violence","idx":20,"n":20,"text":"In some States there are traditional practices perpetuated by culture and tradition that are harmful to the health of women and children. These practices include dietary restrictions for pregnant women, preference for male children and female circumcision or genital mutilation.","labels":["Women/girls","Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 12"]},{"id":"annotated-cedaw-gr19-violence-0021","docId":"annotated-cedaw-gr19-violence","idx":21,"n":21,"text":"Rural women are at risk of gender-based violence because of traditional attitudes regarding the subordinate role of women that persist in many rural communities. Girls from rural communities are at special risk of violence and sexual exploitation when they leave the rural community to seek employment in towns.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 14"]},{"id":"annotated-cedaw-gr19-violence-0022","docId":"annotated-cedaw-gr19-violence","idx":22,"n":22,"text":"Compulsory sterilization or abortion adversely affects women’s physical and mental health, and infringes the right of women to decide on the number and spacing of their children.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 16 (and article 5)"]},{"id":"annotated-cedaw-gr19-violence-0023","docId":"annotated-cedaw-gr19-violence","idx":23,"n":23,"text":"Family violence is one of the most insidious forms of violence against women. It is prevalent in all societies. Within family relationships women of all ages are subjected to violence of all kinds, including battering, rape, other forms of sexual assault, mental and other forms of violence, which are perpetuated by traditional attitudes. Lack of economic independence forces many women to stay in violent relationships. The abrogation of their family responsibilities by men can be a form of violence, and coercion. These forms of violence put women’s health at risk and impair their ability to participate in family life and public life on a basis of equality.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Article 16 (and article 5)"]},{"id":"annotated-cedaw-gr19-violence-0024","docId":"annotated-cedaw-gr19-violence","idx":24,"n":24,"text":"In light of these comments, the Committee on the Elimination of Discrimination against Women recommends: (a) States parties should take appropriate and effective measures to overcome all forms of gender-based violence, whether by public or private act; (b) States parties should ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity. Appropriate protective and support services should be provided for victims. Gender-sensitive training of judicial and law enforcement officers and other public officials is essential for the effective implementation of the Convention; (c) States parties should encourage the compilation of statistics and research on the extent, causes and effects of violence, and on the effectiveness of measures to prevent and deal with violence; (d) Effective measures should be taken to ensure that the media respect and promote respect for women; (e) States parties in their report should identify the nature and extent of attitudes, customs and practices that perpetuate violence against women, and the kinds of violence that result. They should report the measures that they have undertaken to overcome violence, and the effect of those measures; (f) Effective measures should be taken to overcome these attitudes and practices. States should introduce education and public information programmes to help eliminate prejudices which hinder women’s equality (recommendation No. 3, 1987); (g) Specific preventive and punitive measures are necessary to overcome trafficking and sexual exploitation; (h) States parties in their reports should describe the extent of all these problems and the measures, including penal provisions, preventive and rehabilitation measures, that have been taken to protect women engaged in prostitution or subject to trafficking and other forms of sexual exploitation. The effectiveness of these measures should also be described; (i) Effective complaints procedures and remedies, including compensation, should be provided; (j) States parties should include in their reports information on sexual harassment, and on measures to protect women from sexual harassment and other forms of violence of coercion in the workplace; (k) States parties should establish or support services for victims of family violence, rape, sex assault and other forms of gender-based violence, including refuges, specially trained health workers, rehabilitation and counselling; (l) States parties should take measures to overcome such practices and should take account of the Committee’s recommendation on female circumcision (recommendation No. 14) in reporting on health issues; (m) States parties should ensure that measures are taken to prevent coercion in regard to fertility and reproduction, and to ensure that women are not forced to seek unsafe medical procedures such as illegal abortion because of lack of appropriate services in regard to fertility control; (n) States parties in their reports should state the extent of these problems and should indicate the measures that have been taken and their effect; (o) States parties should ensure that services for victims of violence are accessible to rural women and that where necessary special services are provided to isolated communities; (p) Measures to protect them from violence should include training and employment opportunities and the monitoring of the employment conditions of domestic workers; (q) States parties should report on the risks to rural women, the extent and nature of violence and abuse to which they are subject, their need for and access to support and other services and the effectiveness of measures to overcome violence; (r) Measures that are necessary to overcome family violence should include: Criminal penalties where necessary and civil remedies in case of domestic violence; Legslation to remove the defence of honour in regard to the assault or murder of a female family member; Services to ensure the safety and security of victims of family violence, including refuges, counselling and rehabilitation programmes; Rehabilitation programmes for perpetrators of domestic violence; Support services for families where incest or sexual abuse has occurred; (s) States parties should report on the extent of domestic violence and sexual abuse, and on the preventive, punitive and remedial measures that have been taken; (t) That States parties should take all legal and other measures that are necessary to provide effective protection of women against gender-based violence, including, inter alia: Effective legal measures, including penal sanctions, civil remedies compensatory provisions to protect women against all kinds of violence, including, inter alia, violence and abuse in the family, sexual assault and sexual harassment in the workplace; Preventive measures, including public information and education programmes to change attitudes concerning the roles and status of men and women; Protective measures, including refuges, counselling, rehabilitation and support services for women who are the victims of violence or who are at risk of violence; (u) That States parties should report on all forms of gender-based violence, and that such reports should include all available data on the incidence of each form of violence, and on the effects of such violence on the women who are victims; (v) That the reports of States parties should include information on the legal, preventive and protective measures that have been taken to overcome violence against women, and on the effectiveness of such measures.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"section":["Specific recommendations"]},{"id":"cedaw-c-gc-30-add-1-0001","docId":"cedaw-c-gc-30-add-1","idx":1,"n":1,"text":"1. The Committee on the Elimination of Discrimination against Women is marking the twenty-fifth anniversary of Security Council resolution 1325 (2000) by updating its general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations. In the present addendum, the Committee reaffirms the preamble to the Convention on the Elimination of All Forms of Discrimination against Women, wherein it is stated that “the strengthening of international peace and security” and “the affirmation of the principles of justice, equality and mutual benefit in relations among countries… will promote social progress and development and as a consequence will contribute to the attainment of full equality between men and women”. It builds on the principles set out in general recommendation No. 30 relating to the participation of women in conflict prevention, peacebuilding, post-conflict reconstruction and access to justice and decision-making in disarmament, demobilization and reintegration processes. The primary aim of the addendum is to provide authoritative guidance, in full compliance with the Convention, to States Parties and non-State actors and to guarantee that gender considerations are integrated in the implementation of policies and programmes related to peace and security, in accordance with Security Council resolution 2242 (2015).","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0002","docId":"cedaw-c-gc-30-add-1","idx":2,"n":2,"text":"2. Much has evolved since the adoption of general recommendation No. 30, including the changing nature of conflict, the weaponization of technology, shifts in the global political economy, a new arms race, growing climate emergencies, and rapidly shrinking civic spaces for women and the reversal of their rights. The present addendum will serve to guide the application of general recommendation No. 30 in this shifting locus, in line with the Secretary-General’s New Agenda for Peace. It does not create new international or domestic legal obligations but reinvigorates general recommendation No. 30, emphasizing existing obligations under international humanitarian law, international human rights law, criminal law, refugee law, cross-cutting resolutions of the Security Council and the corpus of relevant norms, including the Committee’s own jurisprudence, general recommendations and concluding observations.","labels":["Persons affected by armed conflict","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0003","docId":"cedaw-c-gc-30-add-1","idx":3,"n":3,"text":"3. The present addendum serves to reiterate that these norms should work in parallel, ensuring the complementarity of the rights-based approach of the Convention with Security Council resolution 1325 (2000) and the full constellation of the women and peace and security agenda, emphasizing the vital role of women in peacebuilding within a non-discriminatory, intersectional framework. The Committee, in partnership with United Nations entities and multilateral organizations, seeks to guide the integration of the present addendum into national action plans and domestic and regional policies and programmes, and recommends the allocation of gender-responsive humanitarian and financial resources in the prevention and resolution of conflict.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0004","docId":"cedaw-c-gc-30-add-1","idx":4,"n":4,"text":"4. The present addendum elaborates on the expansive coverage in general recommendation No. 30 of armed and non-armed conflict, “situations of concern” that are of “particular concern to the Committee”, including “internal disturbances, protracted and low-intensity civil strife, political strife, ethnic and communal violence, states of emergency and suppression of mass uprisings, war against terrorism and organized crime, which may not necessarily be classified as armed conflict under international humanitarian law and which result in serious violations of women’s rights”. It also further develops the ideas set out in general recommendation No. 40 (2024) on the equal and inclusive representation of women in decision-making systems, in which the Committee underscores “the increasingly complex and changing nature of conflict, emerging security threats caused by new technologies, including cyberattacks and artificial intelligence-driven lethal autonomous weapon systems, which may also exacerbate existing power imbalances and biases, a climate emergency, pandemics, the increasing exploration of outer space and various shifts in the geopolitical landscape”, creating an “urgent need for the expansion of the women and peace and security agenda to address newly emerging threats, including those going beyond armed conflict prevention”. In the present addendum, the Committee also underscores the cross-cutting nature of the “impacts of climate change and the global nature of health pandemics” (see Security Council resolution 2242 (2015)).","labels":["Persons affected by armed conflict","Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0005","docId":"cedaw-c-gc-30-add-1","idx":5,"n":5,"text":"5. In the present addendum, the Committee reiterates its recommendation in general recommendation No. 30 that States Parties “apply the Convention and other international human rights instruments and humanitarian law comprehensively in the exercise of territorial or extraterritorial jurisdiction” and “fulfil the rights guaranteed by the Convention”, which applies both territorially and extraterritorially, including in “situations of foreign occupation”.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0006","docId":"cedaw-c-gc-30-add-1","idx":6,"n":6,"text":"6. Over the past 25 years, the conceptualization of conflict-related sexual violence under international law has deepened significantly, from historically stereotype-based definitions of protection to broader, survivor-informed understandings. Despite progress, implementation gaps remain in existing women and peace and security frameworks, as seen in continuing impunity for conflict-related sexual violence and the exclusion of women from legal remedies or reparations regimes, including structural reparations. A commitment to transformative reparations is critical to gender-sensitive post-conflict processes that guarantee non-repetition. Reparative justice attempts to address restitutive and restorative justice and the structures that spark conflict. In addition, there must be increased attention to the varied forms of gender-based violence in conflict beyond conflict-related sexual violence, such as gender persecution and reproductive violence. The Committee’s growing jurisprudence and its concluding observations reflect this shift. Today, many forms of gender-based violence – physical, moral and psychological – are recognized in international criminal law, illuminated by survivors’ experiences.","labels":["Persons affected by armed conflict","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0007","docId":"cedaw-c-gc-30-add-1","idx":7,"n":7,"text":"7. While in its resolution 2467 (2019), the Security Council “urges existing sanctions committees… to apply targeted sanctions against those who perpetrate and direct sexual violence in conflict”, in the present addendum, the Committee emphasizes the profound gender-specific humanitarian impact of unilateral coercive measures. In the guiding principles on sanctions, business and human rights, the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights made clear that States, international bodies and businesses must uphold human rights in all sanctions regimes. Any response must comply with the limitations laid out in the articles on responsibility of States for internationally wrongful acts, and sanctions committees must “have the necessary gender expertise” (see Security Council resolution 2242 (2015)).","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0008","docId":"cedaw-c-gc-30-add-1","idx":8,"n":8,"text":"8. In the present addendum, while emphasizing efforts to combat impunity, the Committee seeks to move beyond framing physical violence as women’s primary experience of conflict and to recognize women as change agents in conflict prevention and participants in peace. It reinforces the shift in the women and peace and security agenda away from reductive narratives of victimhood, which obscure women’s leadership in peacebuilding and justice mechanisms, as envisioned by the pillars of Security Council resolution 1325 (2000) on participation, conflict prevention and peacebuilding. Moreover, in general recommendation No. 40, the Committee redefines “equal and inclusive representation” as full parity in both access to and power within decision-making, especially in sustainable peace. To date, 16 States – in both the North and the South – have adopted a new feminist foreign policy, reflecting an aspiration to decolonize historically unequal power structures while advancing the women and peace and security agenda. Pursuant to the vision outlined in general recommendation No. 40, the Committee recommends that States Parties “reframe national action plans on women and peace and security with parity as a fundamental principle, ensuring that they incorporate a feminist domestic and foreign policy”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0009","docId":"cedaw-c-gc-30-add-1","idx":9,"n":9,"text":"9. In the present addendum, the Committee envisions responses from new stakeholders, including the private sector, linked to general recommendation No. 40, to cover shifting conflict landscapes, a new global economic order and changes in global power dynamics. Artificial intelligence (AI), which is evolving rapidly, can make conflict more lethal: AI-enabled cyberattacks can destroy networks, and AI-driven decision-making can transform warfare, weapons and tactics. Meanwhile, the widening digital gender divide excludes women from decision-making and addressing the gendered impacts of AI in conflict.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0010","docId":"cedaw-c-gc-30-add-1","idx":10,"n":10,"text":"10. Moreover, with the risks posed by cybercrime, cyberspace is a new battlefield. AI can be leveraged for cyberscams, disinformation and online harassment of women and girls, with a potential chilling effect on the participation of women in conflict prevention and peacebuilding.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0011","docId":"cedaw-c-gc-30-add-1","idx":11,"n":11,"text":"11. At the same time, multilateral disarmament and non-proliferation tools – both treaty-based and voluntary – remain vital. In the Beijing Declaration and Platform for Action, the States represented at the Fourth World Conference on Women accentuated the immediate need for negotiations on nuclear disarmament and “the leading role that women have played in the peace movement”, urging Governments to “support negotiations on the conclusion, without delay, of a universal and multilaterally and effectively verifiable comprehensive nuclear-test-ban treaty that contributes to nuclear disarmament and the prevention of the proliferation of nuclear weapons in all its aspects”. In resolution 1325 (2000), the Security Council highlighted the importance of gender-sensitive disarmament, and in resolution 1820 (2008), the Council called for the inclusion of women in peace and security frameworks. The Committee, in its concluding observations, and the General Assembly, in its resolution 79/57 of 2 December 2024 on women, disarmament, non-proliferation and arms control, call for the full, equal and meaningful participation of women in efforts to prevent, combat and eradicate the illicit transfer of small arms while recognizing women as key players in arms control.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0012","docId":"cedaw-c-gc-30-add-1","idx":12,"n":12,"text":"12. New and continuing security threats, including “occupation and other forms of administration of foreign territory” and “lawful or unlawful military actions” (see general recommendation No. 30), highlight the urgency of bringing gender framing to a changing global order. The present addendum offers forward-looking guidance to States Parties, non-State actors and multilateral organizations to confront security threats through an intersectional lens rooted in the bedrock of the rule of law and the Charter of the United Nations. In the sections below, the Committee elaborates how the principles of the women and peace and security agenda, together with enhanced resources, can be applied and implemented in continuing and emerging spheres of concern.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026},{"id":"cedaw-c-gc-30-add-1-0013","docId":"cedaw-c-gc-30-add-1","idx":13,"n":13,"text":"13. In accordance with general recommendation No. 40, States should recognize “the essential character of parity in all sectors as a prerequisite for peace and security”. The Security Council has noted “the lack of adequate gender-sensitive humanitarian responses and support for women’s leadership roles in these settings, insufficient financing for women, peace and security, and the resulting detrimental impact on the maintenance of international peace and security” (see resolutions 2242 (2015), 2467 (2019) and 2493 (2019)). Progress in achieving women’s leadership in peace processes remains slow. According to a report of the Secretary-General, in 2023, women comprised only 9.6% of negotiators (S/2024/671, para. 22). The Committee underscores that, under the New Agenda for Peace, it is recommended that 1% of official development assistance be allocated to women-led groups in conflict zones.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women’s leadership in peace and security"]},{"id":"cedaw-c-gc-30-add-1-0014","docId":"cedaw-c-gc-30-add-1","idx":14,"n":14,"text":"14. States should position women’s engagement at all levels of decision-making as integral to the full realization of Security Council resolution 1325 (2000). In resolution 2493 (2019) and other resolutions on women and peace and security, the Council urges States to include women at every peacebuilding stage – from negotiations to reconstruction, elections to judicial reform. Similarly, in general recommendation No. 40, the Committee recommends that women’s leadership be strengthened across the peacebuilding life cycle. As apposite, in paragraph 59 of general recommendation No. 40, the Committee draws attention to the participation of women in decision-making with respect to the architecture of “the increasing exploration of outer space and various shifts in the geopolitical landscape”. The participation of women in the peaceful exploration of outer space, under the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, will strengthen outer space as a global common, free from all forms of discrimination. A looming threat is the spectre of the militarization of space. While bans on nuclear weapons testing and the deployment of weapons of mass destruction in outer space must be maintained, the participation of women in satellite de-orbiting, debris mitigation and responsible space craft disposal is pivotal to peaceful space exploration and reconnaissance, and is key to the pursuit of the sustainable use of space.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women’s leadership in peace and security"]},{"id":"cedaw-c-gc-30-add-1-0015","docId":"cedaw-c-gc-30-add-1","idx":15,"n":15,"text":"15. In line with Security Council resolution 2467 (2019), in which the Council reinforces the importance of survivor-centric justice, States are encouraged to prioritize survivor needs, voluntary consent and post-conflict care. It promotes survivor-led approaches, institutional resources, including survivor funds, and integration or resettlement assistance for displaced persons. Crucially, it also promotes the lifting of sociocultural stigma regarding gender-based violence in conflict.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Survivor-centric justice"]},{"id":"cedaw-c-gc-30-add-1-0016","docId":"cedaw-c-gc-30-add-1","idx":16,"n":16,"text":"16. In accordance with Security Council resolution 2617 (2021), States should collect and preserve evidence for prosecution purposes. In its resolution 2467 (2019), the Council emphasizes trauma-informed justice processes, information integrity, data privacy and safeguarding the rights of those vulnerable to evidence leakage. Under article 68 of the Rome Statute of the International Criminal Court, appropriate measures should be taken “to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses”. Integral to survivor-centric justice are comprehensive witness protection schemes, which ensure witness safety and mental health services in order to avoid victim and witness retraumatization before, during and after legal proceedings. States should encourage trauma-informed justice processes for collecting evidence, obtaining safe testimonies based on new forensic protocols and bolstering the participation of survivors and their communities.","labels":["Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Survivor-centric justice"],"citedArticles":[{"treaty":"CEDAW","article":"68","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0017","docId":"cedaw-c-gc-30-add-1","idx":17,"n":17,"text":"17. In its resolution 76/304 of 2 September 2022, entitled “International cooperation for access to justice, remedies and assistance for survivors of sexual violence”, the General Assembly reiterates the importance of justice systems rooted in survivor-centred principles: dignity, access to care, protection from stigma and retaliation, and meaningful inclusion of survivors in justice processes. In its Policy on Gender-based Crimes of 2023,[[fn:2]] the Office of the Prosecutor of the International Criminal Court highlights intersectional justice, emphasizing dignity and respect, and affirms a survivor-centred approach to investigation and prosecution. Similarly, in its Policy on the Crime of Gender Persecution,[[fn:3]] with a view to obtaining full accountability for those directly affected by gender-based persecution, it stresses the importance of collaboration with civil society and observes that “networks are crucial for effective investigations”.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":2,"text":"Available at www.icc-cpi.int/news/policy-gender-based-crimes."},{"n":3,"text":"Available at www.icc-cpi.int/news/policy-crime-gender-persecution."}],"section":["Survivor-centric justice"]},{"id":"cedaw-c-gc-30-add-1-0018","docId":"cedaw-c-gc-30-add-1","idx":18,"n":18,"text":"18. In the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), emphasis is placed on protecting women against attacks on their “honour”, in particular against rape – language reflecting a historically stereotypical understanding that links women’s bodies and sexuality to the honour of their families and communities. To shift the shame and combat stigmatization, in line with Security Council resolution 2467 (2019), national and local leaders are encouraged to play a more active role in community advocacy. In its resolution 76/304 on international cooperation for access to justice, remedies and assistance for survivors of sexual violence, the General Assembly recognizes the contributions of “women’s, young women’s, girls’, youth-led, grass-roots and community-based organizations, rural, Indigenous and feminist groups, women human rights defenders, women journalists and media professionals and trade unions” in strengthening access to justice.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Shifting shame and stigma to the perpetrator"]},{"id":"cedaw-c-gc-30-add-1-0019","docId":"cedaw-c-gc-30-add-1","idx":19,"n":19,"text":"19. In Security Council resolution 2242 (2015) and in General Assembly resolution 79/152 of 17 December 2024, entitled “Intensification of efforts to prevent and eliminate all forms of violence against women and girls: the digital environment”, the policy of zero tolerance for sexual exploitation is reaffirmed. Zero-tolerance policies and safeguards against retaliation and intimidation are determinants of witness and survivor participation in justice processes, which should centre survivors as chief protagonists in accountability efforts.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Shifting shame and stigma to the perpetrator"]},{"id":"cedaw-c-gc-30-add-1-0020","docId":"cedaw-c-gc-30-add-1","idx":20,"n":20,"text":"20. In his first thematic report on conflict-related sexual violence, the Secretary-General defined “conflict-related sexual violence” as “sexual violence occurring in a conflict or post-conflict setting that has a direct or indirect causal link with the conflict itself” and warned that such violence may be deployed as a method of terror, intimidation, ethnic cleansing or gender-based abuse (see S/2010/604). In his report of 2023 on the same topic, the Secretary-General reaffirmed the importance of adopting a survivor-centred approach, putting an end to impunity, prosecuting the perpetrators of sexual and gender-based crimes with survivors’ informed consent, and providing specialized services for survivors (see S/2023/413).","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0021","docId":"cedaw-c-gc-30-add-1","idx":21,"n":21,"text":"21. The Committee recalls the seminal Akayesu case,[[fn:4]] in which rape was recognized as a constituent act of genocide; the Ntaganda case,[[fn:5]] in which sexual slavery was recognized as a war crime; and the Ongwen case,[[fn:6]] in which forced pregnancy was recognized as a crime against humanity. While not all States Parties to the Convention on the Elimination of All Forms of Discrimination against Women are Parties to the Rome Statute of the International Criminal Court, in general recommendation No. 30, the Committee refers to the Rome Statute as it is the primary treaty outlining the most serious crimes of concern to the international community – those that threaten the peace, security and well-being of the world. The present addendum is anchored in the recognition in general recommendation No. 30 that, “under the Convention, States Parties’ obligations to prevent…gender-based violence are reinforced by international criminal law, including…the Rome Statute, pursuant to which … rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity may constitute a war crime, a crime against humanity or an act of torture, or constitute an act of genocide”.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":4,"text":"International Criminal Tribunal for Rwanda, The Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgment, 2 September 1998."},{"n":5,"text":"International Criminal Court, The Prosecutor v. Bosco Ntaganda, Case No. ICC-01/04-02/06, Judgment, 8 July 2019."},{"n":6,"text":"International Criminal Court, The Prosecutor v. Dominic Ongwen, Case No. ICC-02/04-01/15, Judgment, 4 February 2021."}],"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0022","docId":"cedaw-c-gc-30-add-1","idx":22,"n":22,"text":"22. The inclusion in the Rome Statute of “any other form of sexual violence of comparable gravity” opens the door to previously unrecognized forms of violence (art. 7 (1) (g)). International criminal law, including definitions of gender-based violence and, in particular, sexual violence, must be interpreted in a manner that is consistent with the Convention and other internationally recognized human rights instruments. In general recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, the Committee notes that the Rome Statute, Security Council resolution 1325 (2000) “and subsequent resolutions on women and peace and security, as well as many resolutions of the Human Rights Council, including resolution 32/19 of 1 July 2016, contain specific provisions on gender-based violence against women”. States should reinforce the call in Security Council resolution 1820 (2008) for “the categorical prohibition of all forms of sexual violence against civilians” and place “primary responsibility” for protecting civilians on the parties to the conflict.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Expanding approaches to conflict-related sexual violence"],"citedArticles":[{"treaty":"CEDAW","article":"7","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0023","docId":"cedaw-c-gc-30-add-1","idx":23,"n":23,"text":"23. In its resolution 2467 (2019), the Security Council demanded the complete cessation of sexual violence in conflict. While noting that such violence disproportionately affects women and girls, it recognized that men and boy are also targets of sexual violence in conflict and post-conflict settings. It urged States to end impunity for conflict-related sexual violence through access to justice, including reparations, and encouraged national, community and religious leaders to “play a more active role in advocating within communities against sexual violence in conflict”. In his guidance note on reparations for conflict-related sexual violence,[[fn:7]] the Secretary-General recognized the need for gender-sensitive remedies for conflict-related sexual violence. In its resolution 2467 (2019), the Council expressly reaffirmed the obligations of parties to conflict under the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto and alerted States of their responsibility in ensuring accountability for sexual and gender-based crimes under the Rome Statute.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":7,"text":"Available at https://digitallibrary.un.org/record/814902?ln=en&v=pdf."}],"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0024","docId":"cedaw-c-gc-30-add-1","idx":24,"n":24,"text":"24. According to the definitions contained in the Policy on Gender-based Crimes, gynaecologic fistula, vaginal bleeding, permanent damage to one’s reproductive system, miscarriage, physical harm due to pregnancy and childbearing, health complications during childbirth, somatic complaints and sexually transmitted infections, including HIV and AIDS, are examples of the consequences of sexual and gender-based crimes. Moreover, the rights of children born out of forced marriage, forced pregnancy, rape and sexual slavery are to be protected, and due consideration is to be paid to mothers of children born of rape, who bear the weight of caregiving.","labels":["Children","Persons living with HIV/AIDS","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0025","docId":"cedaw-c-gc-30-add-1","idx":25,"n":25,"text":"25. In the Policy on the Crime of Gender Persecution, it is emphasized that gender persecution “may, and frequently does, intersect with and constitute multiple forms of persecution based on political, racial, national, ethnic, cultural, religious or other grounds”. Similar to Security Council resolution 2467 (2019), in the Policy, sexual and gender-based violence are described as among the gravest crimes in the Rome Statute. The Policy contains guidance for States investigating and prosecuting these crimes, noting that they should be a “key priority” and that cultural relativism cannot be a shield against gender-based crimes: “breaches of fundamental rights cannot be ignored, dismissed or justified on the basis of culture”. The Committee alerts States to increased rates of child marriage and sex trafficking in conflict-affected countries and recommends that they take urgent action to prevent these crimes.","labels":["Children","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0026","docId":"cedaw-c-gc-30-add-1","idx":26,"n":26,"text":"26. Conflict-related sexual violence is not isolated or episodic, but a continuum of the structural inequalities of violence against women, including economic violence, such as unequal access to property, land confiscation and land-grabbing. Post-conflict debt restructuring and structural adjustment should ensure decision-making abilities for women and address the gendered impact of monetary policies. Peace agreements should include the reallocation of land and land titling for women refugees and internally displaced women. Land rights include the use of rare earth minerals for the benefit of women in the rural community. The economic rights of women, especially of minority and Indigenous women, are key to the recovery and sustainability of peace. As highlighted in the Policy on the Crime of Gender Persecution, “examining rape and other forms of sexual or non-sexual violence in isolation may lead to missing relevant facts or patterns demonstrating their commission as a form of persecution”.","labels":["Internally displaced persons","Persons affected by armed conflict","Persons living in rural/remote areas","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Expanding approaches to conflict-related sexual violence"]},{"id":"cedaw-c-gc-30-add-1-0027","docId":"cedaw-c-gc-30-add-1","idx":27,"n":27,"text":"27. In her report of 2024, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment asserts that “sexual assaults committed by warring parties are almost always torture” (A/79/181, para. 21). The substantial list therein of sexually violent actions that constitute cruel, inhuman or degrading treatment or punishment includes “forced nudity, verbal abuse and threats of a sexual nature, forced masturbation or urination, physical trauma, electrocuting, mutilating or targeting of genitalia, reproductive organs or breasts, rape (involving digital, object or penile penetration), enslavement, mock or real castrations and forced abortions, pregnancies or sterilizations” (ibid., para. 22). The International Committee of the Red Cross affirms that, “sexual violence can be used as a form of reprisal, to create fear, or as a form of torture… Rape would typically constitute torture, for instance, when it is intentionally inflicted by a State official in order to obtain confessions from the victim”.[[fn:8]]","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":8,"text":"See www.icrc.org/en/document/sexual-violence-armed-conflict-questions-and-answers."}],"section":["Sexualized torture"]},{"id":"cedaw-c-gc-30-add-1-0028","docId":"cedaw-c-gc-30-add-1","idx":28,"n":28,"text":"28. According to the Policy on Gender-based Crimes, torture can “be committed by way of acts of sexual, reproductive and other gender-based violence if they cause the victim(s) in the perpetrator’s custody and/or control severe pain and suffering”. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides an unqualified right for victims to access rehabilitation and compensation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Sexualized torture"]},{"id":"cedaw-c-gc-30-add-1-0029","docId":"cedaw-c-gc-30-add-1","idx":29,"n":29,"text":"29. The right to remedy and reparations for victims of gross human rights violations is enshrined in international law. The Hague Convention respecting the Laws and Customs of War on Land of 1907 (art. 3) and the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) (art. 91) uphold State responsibility for remedying serious violations of international humanitarian law. Furthermore, parties to conflict that violate Protocol I “shall, if the case demands, be liable to pay compensation”. In its resolution 2467 (2019), the Security Council emphasizes survivor-centred justice, while in general recommendation No. 30, the Committee frames redress through the potential for “transformative change in women’s lives”.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Reparations"],"citedArticles":[{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'The Hague Convention respecting the Laws and Customs of War on Land of 1907 (art. 3)' - IHL instrument, not in scope."},{"article":"91","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Protocol Additional to the Geneva Conventions of 12 August 1949...(Protocol I) (art. 91)' - IHL instrument."}]},{"id":"cedaw-c-gc-30-add-1-0030","docId":"cedaw-c-gc-30-add-1","idx":30,"n":30,"text":"30. Reparations may take the form of restitution, compensation, rehabilitation, satisfaction or guarantees of non-repetition and may be awarded individually or in combination. Under article 34 of the articles on responsibility of States for internationally wrongful acts, reparations are identified as duties distinct from criminal punishment. Guarantees of non-repetition include public apologies, official acknowledgement of facts, memorialization, commemoration of victims and integration of human rights into pedagogy.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Reparations"],"citedArticles":[{"treaty":"CEDAW","article":"34","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0031","docId":"cedaw-c-gc-30-add-1","idx":31,"n":31,"text":"31. The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law inform understanding of State responsibility in relation to post-conflict delivery of justice to victims, including effective access to justice and effective remedies to victims, including reparation. Gender-appropriate legal processes should avoid retraumatization and accommodate the needs of women facing intersecting forms of discrimination to ensure the provision of inclusive, effective remedies. States should reinforce the justice and reparations nexus set out in Security Council resolution 1888 (2009), while taking note that, in resolution 2106 (2013), the Council urges support for survivors and, in resolutions 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010) and 2122 (2013), it underscores legal assistance, responsiveness to victims and judicial capacity. Both restitutive and restorative justice are survivor-centred.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Reparations"]},{"id":"cedaw-c-gc-30-add-1-0032","docId":"cedaw-c-gc-30-add-1","idx":32,"n":32,"text":"32. The reparations order of the International Criminal Court in the case of The Prosecutor v. Dominic Ongwen provides persuasive authority, refining the reparations framework to incorporate an intersectional approach and uphold dignity, nondiscrimination and protection, especially for children born of sexual violence. In addition to physical, moral, material and community harms, in the order, the Court recognized psychological trauma and disruptions to victims’ life trajectories as moral harms. The Court emphasized the principle that reparations must “do no harm” to avoid retraumatization. Weakening of the social fabric – the loss of rituals, customs and culture – is acknowledged as reparable harm and includes collective community-based rehabilitation, educational and stigma-combating programming, and trauma care.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Reparations"]},{"id":"cedaw-c-gc-30-add-1-0033","docId":"cedaw-c-gc-30-add-1","idx":33,"n":33,"text":"33. The shift from victimhood to agency in access to justice is a major focus of the Committee and should animate international and domestic justice systems. The Committee views access to justice, victim protection and rights to remedy as part of the architecture of non-recurrence.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Reparations"]},{"id":"cedaw-c-gc-30-add-1-0034","docId":"cedaw-c-gc-30-add-1","idx":34,"n":34,"text":"34. The preservation of historical memory and the narratives of victims, survivors and witnesses in reconciliation processes are integral to the non-recurrence of conflict. Memorials are often built in the image of men, obscuring the role of women in peacebuilding and the lives of women affected by war. States should address the invisibility of women in public commemoration and advance gender parity in historical memory preservation. Memorialization processes are an expression of reparations and should include feminist narratives, pedagogy and a transformative architecture of tangible and intangible forms of memorialization to signify “never again” to violence.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Non-recurrence and historical memory"]},{"id":"cedaw-c-gc-30-add-1-0035","docId":"cedaw-c-gc-30-add-1","idx":35,"n":35,"text":"35. United Nations peacekeepers are mandated to protect civilian populations within their capabilities and areas of deployment in a country, thereby strengthening local government capacities to protect. This mandate is significantly undermined by the complicity of peacekeepers in abuses against local women and girls, which constitute violations of international humanitarian law and international human rights law. If allegations arise, under its resolution 2272 (2016), the Security Council calls for the replacement of all military units and/or formed police units in United Nations peacekeeping operations if they are from a different country than that of the operation and if the police- or troop-contributing country fails to take appropriate steps to investigate or hold perpetrators accountable.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Sexual violence by United Nations peacekeepers and aid workers"]},{"id":"cedaw-c-gc-30-add-1-0036","docId":"cedaw-c-gc-30-add-1","idx":36,"n":36,"text":"36. The “inherently unequal power dynamics” between United Nations staff and beneficiaries of assistance are underscored in the Secretary-General’s bulletin on special measures for protection from sexual exploitation and abuse (ST/SGB/2003/13), which prohibits exchanging money, employment, goods or services for sex between United Nations staff and beneficiaries of assistance.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Sexual violence by United Nations peacekeepers and aid workers"]},{"id":"cedaw-c-gc-30-add-1-0037","docId":"cedaw-c-gc-30-add-1","idx":37,"n":37,"text":"37. The Zeid Report (A/59/710) contained recommendations to the Secretary-General on the collective responsibility for preventing sexual exploitation by peacekeeping personnel and the primary responsibility of troop-contributing countries in that regard. In line with the zero-tolerance policy under Security Council resolution 2242 (2015) – which extends to humanitarian aid workers, pursuant to General Assembly resolution 77/193 of 15 December 2022 – the Committee encourages States to address sexual and gender-based violence both by and against aid workers and peacekeepers.","labels":["Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Sexual violence by United Nations peacekeepers and aid workers"]},{"id":"cedaw-c-gc-30-add-1-0038","docId":"cedaw-c-gc-30-add-1","idx":38,"n":38,"text":"38. In its resolution 2475 (2019), the Security Council seeks to establish safeguards for persons with disabilities in armed conflict and calls upon all parties to armed conflict to ensure humanitarian access to all civilians, including those with disabilities. It calls for States to end impunity, ensure justice and include persons with disabilities in peacebuilding and humanitarian efforts. States should uphold the Convention on the Rights of Persons with Disabilities in conflict and ensure accessible reintegration, rehabilitation and psychosocial support for women and girls with disabilities.","labels":["Persons affected by armed conflict","Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Rights of women with disabilities in conflict"]},{"id":"cedaw-c-gc-30-add-1-0039","docId":"cedaw-c-gc-30-add-1","idx":39,"n":39,"text":"39. In its resolution 1265 (1999), the Security Council emphasizes protection of women refugees and their “safe and unhindered access” to humanitarian assistance and “the need for combatants to ensure the safety, security and freedom of movement of United Nations and associated personnel, as well as personnel of international humanitarian organizations”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women refugees and humanitarian assistance"]},{"id":"cedaw-c-gc-30-add-1-0040","docId":"cedaw-c-gc-30-add-1","idx":40,"n":40,"text":"40. In addition, in the UNHCR Handbook for the Protection of Women and Girls, the Office of the United Nations High Commissioner for Refugees recognized the correlation between the protection of women refugees and their participation in assistance-related measures. Existing health services are often inadequate for gender-specific needs: women’s health needs are served mainly in their role as mothers. In many camp settings, the focus of primary healthcare is on maternal health, rather than the full range of healthcare for women.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women refugees and humanitarian assistance"]},{"id":"cedaw-c-gc-30-add-1-0041","docId":"cedaw-c-gc-30-add-1","idx":41,"n":41,"text":"41. In its resolution 2171 (2014), the Security Council emphasizes the importance of early warning mechanisms to prevent situations that could result in atrocity crimes, including “genocide, crimes against humanity, war crimes and ethnic cleansing”. It highlights the role of women in conflict prevention, calling for the consideration of gender-related issues in conflict prevention discussions and greater “participation of women at all stages of mediation and post-conflict resolution”. States are guided to recognize gender-specific indicators, such as increases in gender-based violence, bride abduction, child marriage and trafficking, which can constitute early signs of impending conflict and crisis.","labels":["Children","Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Early warning gender indicators of conflict"]},{"id":"cedaw-c-gc-30-add-1-0042","docId":"cedaw-c-gc-30-add-1","idx":42,"n":42,"text":"42. In its resolution 2474 (2019), the Security Council recognizes the impact on families, especially women, of persons reported missing as a result of armed conflict. It highlights the importance of allowing families to know the fate and whereabouts of missing relatives, consistent with applicable international humanitarian law. The consequences of missing persons are distinct for those – often women – who initiate searches for missing relatives and face legal impediments to addressing impunity. Parties to armed conflict must, wherever possible, provide access to information on missing persons, return remains to relatives and abstain from mass removal of graves. Peace agreements should also include continuing searches for missing persons.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Persons reported missing in armed conflict"]},{"id":"cedaw-c-gc-30-add-1-0043","docId":"cedaw-c-gc-30-add-1","idx":43,"n":43,"text":"43. The illicit trade in small arms and light weapons threatens global peace and disproportionately affects women and girls. Small arms and light weapons fuel conflict, forced displacement, sexual assault, domestic abuse, trafficking in persons and farmer-herder conflict. Under the Arms Trade Treaty, States are required to assess gender-based violence risks before authorizing arms transfers or exports; notably, article 7 (4) obliges exporting States Parties to consider the risk of conventional arms “being used to commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children”. This places the responsibility on States to assess and prevent gendered harm caused by the trade in small arms and light weapons, since their proliferation can exacerbate vulnerability to sexual and gender-based violence and pose a barrier to the participation of women in politics.","labels":["Children","Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Illicit trade in small arms and light weapons"],"citedArticles":[{"treaty":"CEDAW","article":"7","paragraph":"4","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0044","docId":"cedaw-c-gc-30-add-1","idx":44,"n":44,"text":"44. In resolutions 2106 (2013) and 2467 (2019), the Security Council explicitly refers to the Arms Trade Treaty, emphasizing the role of arms control in preventing conflict-related sexual and gender-based violence. The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, is the seminal legally binding global instrument to address small arms and light weapons and requires States Parties to criminalize illicit manufacturing and trade.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Illicit trade in small arms and light weapons"]},{"id":"cedaw-c-gc-30-add-1-0045","docId":"cedaw-c-gc-30-add-1","idx":45,"n":45,"text":"45. As seen in the reporting under the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, adopted in 2001, an increasing number of States are integrating gender considerations into national arms control. Regionally, such instruments as the Central African Convention for the Control of Small Arms and Light Weapons, Their Ammunition and All Parts and Components That Can Be Used for Their Manufacture, Repair and Assembly, the Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulation and Trafficking of Small Arms and Light Weapons and the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials affirm that States have a duty to restrict arms trafficking and prevent weapons from entering illicit markets. The Programme of Action complements these frameworks by promoting improved legislation, arms tracing and international cooperation.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Illicit trade in small arms and light weapons"]},{"id":"cedaw-c-gc-30-add-1-0046","docId":"cedaw-c-gc-30-add-1","idx":46,"n":46,"text":"46. Despite these commitments, inconsistent enforcement and fragmented regulations across jurisdictions still facilitate the illicit flow of small arms and light weapons. There is therefore an urgent need to strengthen corporate due diligence, harmonize arms control laws and integrate a gender lens into disarmament strategies to address the disproportionate impact of illicit small arms and light weapons on women and vulnerable communities. In this regard, the Committee highlights the report of 2024 of the Secretary-General on women and peace and security (S/2024/671), in which he highlighted Security Council resolutions 2122 (2013) and 2493 (2019) and encouraged States to “better align policies on women peace and security and arms control”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Illicit trade in small arms and light weapons"]},{"id":"cedaw-c-gc-30-add-1-0047","docId":"cedaw-c-gc-30-add-1","idx":47,"n":47,"text":"47. Sustainable Development Goal 16 sets out the commitment to promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. Notably, target 16.3 is aimed at promoting the rule of law at the national and international levels and ensuring equal access to justice for all. States should take note that Goal 16 envisions the effective reduction in corruption, financial crimes and illicit arms flows by 2030. This Goal also highlights the nexus between women and peace and security and small arms and light weapons: “Small arms control converges with the women peace and security agenda on all its four interconnected pillars, namely participation, prevention, protection, and relief and recovery”.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Sustainable Development Goal 16 of the 2030 Agenda for Sustainable Development"]},{"id":"cedaw-c-gc-30-add-1-0048","docId":"cedaw-c-gc-30-add-1","idx":48,"n":48,"text":"48. In the United Nations Gender Guidelines for Mine Action Programmes, States are urged to “apply a gender lens as part of a comprehensive and inclusive approach to planning, implementing and monitoring programmes to ensure protection for all and to ensure that ‘no one is left behind’”. In its resolution 1325 (2000), the Security Council emphasizes that the special needs of women and girls must be taken into account in relation to mine clearance. In resolution 2365 (2017), a stand-alone resolution on mine action, the Council calls upon “all parties to armed conflicts to end immediately and definitively any indiscriminate use of explosive devices in violation of international humanitarian law”.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Anti-personnel mines"]},{"id":"cedaw-c-gc-30-add-1-0049","docId":"cedaw-c-gc-30-add-1","idx":49,"n":49,"text":"49. In its resolution 58/22 of 4 April 2025, the Human Rights Council highlighted the importance of mine action in peacekeeping operations and humanitarian responses, calling for international assistance in the care, rehabilitation and reintegration of victims. A central sine qua non of the resolution is its emphasis on the direct and indirect impact of anti-personnel mines on women and girls, especially within the context of intersecting and overlapping forms of discrimination and gender stereotypes. It parallels the goal of the women and peace and security agenda on participation, promoting the engagement of women, including women with disabilities, in mine action programmes.","labels":["Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Anti-personnel mines"]},{"id":"cedaw-c-gc-30-add-1-0050","docId":"cedaw-c-gc-30-add-1","idx":50,"n":50,"text":"50. Through the adoption by the General Assembly of the Global Framework for Through-life Conventional Ammunition Management, States have committed to strengthening transparency in ammunition transfers to prevent gender-based violence. Under the Framework, arms control forums are encouraged to focus on supporting gender perspectives in arms control. In 2024, the Secretary-General stressed that arms transfers serve as early warnings of conflict-related sexual violence and advocating the strengthening of assessment mechanisms. He also called for greater “enforcement of arms embargoes, improved tracing and the upholding of accountability in arms exports with respect to contexts where gender-based violence is prevalent” (S/2024/671, para. 53).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Arms transfers"]},{"id":"cedaw-c-gc-30-add-1-0051","docId":"cedaw-c-gc-30-add-1","idx":51,"n":51,"text":"51. The Convention on Cluster Munitions includes reference to the need for gender-sensitive victim assistance. In the Lausanne Action Plan, adopted at the Second Review Conference of the Convention on Cluster Munitions, States undertook to: promote inclusive and gender-balanced participation in implementation activities; integrate gender and diversity considerations into clearance operations; collect and analyse disaggregated data to guide educational initiatives; and ensure that victim assistance efforts are tailored to age-, gender- and disability-specific needs.","labels":["Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Arms transfers"]},{"id":"cedaw-c-gc-30-add-1-0052","docId":"cedaw-c-gc-30-add-1","idx":52,"n":52,"text":"52. According to the commentary of 2017 on common article 1 of the Geneva Conventions of 12 August 1949,[[fn:9]] High Contracting Parties are required “to refrain from transferring weapons if there is an expectation…that such weapons would be used to violate the Conventions”. This mirrors article 6 (3) of the Arms Trade Treaty, which prohibits the authorization of arms transfers on the same basis. States should consider these normative determinations aimed at preventing conflict-related sexual and gender-based violence arising from the trade in small arms and light weapons. At the Fifth Conference of States Parties to the Arms Trade Treaty in 2019, States Parties agreed to strive for gender balance in their delegations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":9,"text":"See https://ihl-databases.icrc.org/en/ihl-treaties/gcii-1949/article-1/commentary/2017#_ Toc444869293."}],"section":["Arms transfers"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'common article 1 of the Geneva Conventions of 12 August 1949' - IHL, not in scope."},{"article":"6","paragraph":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 6 (3) of the Arms Trade Treaty' - not an in-scope UN human rights treaty."}]},{"id":"cedaw-c-gc-30-add-1-0053","docId":"cedaw-c-gc-30-add-1","idx":53,"n":53,"text":"53. States should recognize the emphasis in Security Council resolution 2467 (2019) on the nexus between the arms trade and gender-based violence: “exporting States Parties shall take into account the risk of covered conventional arms…being used to commit or facilitate serious acts of gender-based violence…against women and children”. Read with Security Council resolution 2467 (2019), resolution 1820 (2008) provides an accountability paradigm that can be expanded to cover all parties to armed conflict, including States that are indirectly funding gender-based violence through trade in arms or conflict minerals. States are encouraged to better align their policies with the women and peace and security agenda and prioritize the participation of women in arms control, given that “less than one quarter of the 110 national action plans on women and peace and security include references to disarmament and arms control actions in the monitoring framework” (S/2024/671, para. 54).","labels":["Children","Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Arms transfers"]},{"id":"cedaw-c-gc-30-add-1-0054","docId":"cedaw-c-gc-30-add-1","idx":54,"n":54,"text":"54. Attacks on women and girl human rights defenders, peace activists, environmental rights defenders and student activists not only violate fundamental rights protected under international human rights law but also shrink civic space and erode the prospects for sustainable peace and inclusive conflict resolution. Under the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, all individuals, including students, have the right to promote and protect human rights without fear of retaliation. Under article 12 thereof, States are called upon to safeguard all human rights defenders, including from violence, threats, retaliation and discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women human rights defenders"],"citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0055","docId":"cedaw-c-gc-30-add-1","idx":55,"n":55,"text":"55. Complementing these norms, in general recommendation No. 30, the Committee emphasizes the importance of protecting women human rights defenders in conflict and post-conflict settings, while its general recommendation No. 40 is aimed at ensuring the equal participation of women in all areas of public life, including activism.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Women human rights defenders"]},{"id":"cedaw-c-gc-30-add-1-0056","docId":"cedaw-c-gc-30-add-1","idx":56,"n":56,"text":"56. The role of students in climate change and peace activism has created a forward-looking, long-term and systemic approach to justice. In its resolution 2419 (2018), the Security Council recognizes the intersection between women and peace and security and youth and peace and security and the importance of the leadership of young women in peacebuilding. In resolutions 2250 (2015), 2419 (2018) and 2535 (2020), the Council recognizes the contribution of youth to conflict prevention and resolution, and in 2419 (2018), it calls for “particular attention to the inclusion of young women”. In his report of 2024 on youth and peace and security, the Secretary-General identifies issues such as the surge in “digital threats and armed conflicts and the shrinking of civic space” as posing “serious protection concerns for young people” (S/2024/207, summary). The Office of the United Nations High Commissioner for Human Rights has warned against Internet shutdowns and digital blackouts during civil strife.[[fn:10]]","labels":["Adolescents","Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":10,"text":"See https://news.un.org/en/story/2026/01/1166813."}],"section":["Women human rights defenders"]},{"id":"cedaw-c-gc-30-add-1-0057","docId":"cedaw-c-gc-30-add-1","idx":57,"n":57,"text":"57. The High Contracting Parties to the Convention for the Protection of Cultural Property in the Event of Armed Conflict should refrain from any act of hostility against historical monuments, works of art or places of worship constituting peoples’ cultural or spiritual heritage.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Destruction of cultural heritage"]},{"id":"cedaw-c-gc-30-add-1-0058","docId":"cedaw-c-gc-30-add-1","idx":58,"n":58,"text":"58. In its resolution 2347 (2017), the Security Council condemned the unlawful destruction of cultural heritage and the looting and smuggling of cultural property from archaeological sites, museums, libraries, archives and other sites by terrorists and violent extremists. The destruction of cultural property with discriminatory intent can be charged as a crime against humanity, and the intentional destruction of cultural and religious property and symbols can be considered evidence of intent to destroy a group under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). In many cultures, women serve as transgenerational custodians of tangible and intangible cultural heritage. While attacks on culture can be based on misogyny, women’s and girls’ rights may be subordinated to a patriarchal interpretation of culture. Women cultural rights defenders should be entitled to reclaim the interpretation of culture in the full exercise of their rights to participate in and protect cultural life without discrimination.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Destruction of cultural heritage"]},{"id":"cedaw-c-gc-30-add-1-0059","docId":"cedaw-c-gc-30-add-1","idx":59,"n":59,"text":"59. While extractive industries pose a risk to fragile industries and non-renewable natural resources, such as oil, gas, minerals and timber, they also have deeply gendered impacts, such as sexual violence against and the displacement or exploitation of women in mining communities. States and transnational and national corporations must monitor and combat the gendered harms of extractive industries.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Conflict minerals and extractive industries"]},{"id":"cedaw-c-gc-30-add-1-0060","docId":"cedaw-c-gc-30-add-1","idx":60,"n":60,"text":"60. In its resolution 2467 (2019), the Security Council highlights the link between conflict-related sexual violence and the illicit trade in natural resources, including conflict minerals. It recognizes the need for private sector actors to ensure that proceeds from materials acquired for their production processes do not fund armed groups that perpetuate conflict and sexual violence in conflict and post-conflict situations and “reiterates its demand for the complete cessation with immediate effect by all parties to armed conflict of all acts of sexual violence and its call for these parties to make and implement specific time-bound commitments to combat sexual violence”.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Conflict minerals and extractive industries"]},{"id":"cedaw-c-gc-30-add-1-0061","docId":"cedaw-c-gc-30-add-1","idx":61,"n":61,"text":"61. The use of food insecurity and starvation as deliberate methods of warfare are recurring challenges in modern conflicts that disproportionately affect women and children. In conflict zones, women – as primary caregivers – are especially vulnerable, often risking sexual violence while seeking food for their families. The deliberate targeting of crops, water sources and food markets exacerbates these conditions, pushing already-fragile communities towards famine. The consequences of such deprivation are structural, not merely temporal; they ripple into long-term health crises and increased maternal mortality.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Starvation as a method of warfare"]},{"id":"cedaw-c-gc-30-add-1-0062","docId":"cedaw-c-gc-30-add-1","idx":62,"n":62,"text":"62. States must take note of the preamble to the Convention on the Elimination of All Forms of Discrimination against Women, wherein the concern is expressed that “in situations of poverty women have the least access to food, health, education, training and opportunities for employment and other needs”. Under article 14 (2) (h), States are required to ensure that women enjoy adequate living conditions. According to the World Food Programme, nearly 60% of those facing severe hunger are women and girls.[[fn:11]]","labels":["Persons living in poverty","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":11,"text":"See https://wfpusa.org/work/people/women/."}],"section":["Starvation as a method of warfare"],"citedArticles":[{"treaty":"CEDAW","article":"14","paragraph":"2","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0063","docId":"cedaw-c-gc-30-add-1","idx":63,"n":63,"text":"63. The adoption of resolution 2417 (2018) marked the first time that the Security Council acknowledged the link between hunger and conflict. It affirmed that intentionally depriving civilians of food – whether through attacks on agricultural infrastructure or denial of humanitarian aid – constitutes a method of warfare under international humanitarian law, reinforcing article 54, on the prohibition of starvation as a method of war, in Protocol I Additional to the Geneva Conventions of 1949.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Starvation as a method of warfare"],"citedArticles":[{"article":"54","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 54...in Protocol I Additional to the Geneva Conventions of 1949' - IHL, not in scope."}]},{"id":"cedaw-c-gc-30-add-1-0064","docId":"cedaw-c-gc-30-add-1","idx":64,"n":64,"text":"64. The deliberate denial of access to food and water is abhorrent and violates international human rights law and international humanitarian law concerning the protection of civilians in times of war. The Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of NonInternational Armed Conflicts (Protocol II) prohibits attacks on objects indispensable to civilian survival (art. 14) and reads: “if the civilian population is suffering…owing to a lack of the supplies essential for its survival…, relief actions…shall be undertaken”, under certain conditions (art. 18). In the Genocide Convention, the definition of genocide includes “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”. This is reinforced in the Rome Statute through article 8 (2) (b) (xxv), which criminalizes using starvation as a method of warfare, encompassing the deprivation of foodstuffs, water and other objects essential for civilian survival.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Starvation as a method of warfare"],"citedArticles":[{"article":"14","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Protocol II...prohibits attacks on objects indispensable to civilian survival (art. 14)' - IHL, not in scope."},{"article":"18","treaty":"?","confidence":"high","source":"opus","rationale":"Text says '...under certain conditions (art. 18)' within the same Protocol II discussion - IHL, not in scope."},{"article":"8","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Rome Statute through article 8 (2) (b) (xxv)' - not an in-scope UN human rights treaty."}]},{"id":"cedaw-c-gc-30-add-1-0065","docId":"cedaw-c-gc-30-add-1","idx":65,"n":65,"text":"65. In its resolution 2730 (2024), the Security Council condemns the “unlawful denial of humanitarian access and depriving civilians of objects indispensable to their survival, which impede relief supplies and access for responses to conflict-induced food insecurity in situations of armed conflict”. It considers that such acts may constitute violations of international humanitarian law. It recalls Protocol I Additional to the Geneva Conventions of 1949, which prohibits starvation of civilians as a method of warfare and protects objects “indispensable to the survival” of civilians. Under Protocol I, “indispensable objects” are defined “as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works”. States should note that customary international humanitarian law mandates that parties to conflict must allow and facilitate the rapid, unimpeded passage of humanitarian aid to civilians in need, subject to their right of control (rule 55). The United Nations Population Fund considers access to menstrual health products to be indispensable for survival in times of conflict.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Denial of humanitarian access and impeded access to humanitarian aid"]},{"id":"cedaw-c-gc-30-add-1-0066","docId":"cedaw-c-gc-30-add-1","idx":66,"n":66,"text":"In its resolutions 1502 (2003) and 2175 (2014), the Security Council re-emphasized the safety and security of humanitarian personnel in the coordination of humanitarian emergency assistance. Attacks against healthcare workers, including nurses, are repugnant under international humanitarian law.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Denial of humanitarian access and impeded access to humanitarian aid"]},{"id":"cedaw-c-gc-30-add-1-0067","docId":"cedaw-c-gc-30-add-1","idx":67,"n":67,"text":"67. Under the Fourth Geneva Convention and Protocol I Additional to the Geneva Conventions of 1949, refugees and stateless persons are “protected persons”. All noncombatants, regardless of nationality, are covered by all provisions of humanitarian law applicable to civilians in wartime (Protocol I, arts. 50 and 73). This protection applies regardless of refugee or displacement status. The Fourth Geneva Convention expressly prohibits the forcible transfer of civilians from their own territory, regardless of motive: “individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited” (art. 49). The Genocide Convention identifies “forcibly transferring children of the group to another group” as an act of genocide. The transfer of children, including girls, highlights the gendered dimension of the crime of genocide.","labels":["Children","Non-citizens and stateless","Persons affected by armed conflict","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Mass forcible transfers"],"citedArticles":[{"article":"49","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Fourth Geneva Convention expressly prohibits...(art. 49)' - IHL, not in scope."}]},{"id":"cedaw-c-gc-30-add-1-0068","docId":"cedaw-c-gc-30-add-1","idx":68,"n":68,"text":"68. In its resolutions on women and peace and security, the Security Council notes that gender inequalities often worsen during forced displacement, when exposure to gender-based violence increases and access to resources decreases. In general recommendation No. 30 and the Guiding Principles on Internal Displacement of 1998, it is warned that forcible transfer disrupts families and kinship networks, creating new risks for women and girls, in particular for expectant mothers, women heads of household, older women and women with disabilities. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted in 2000, also highlights the trafficking risks that displaced women and girls face. Peace treaties should clarify the prevention of mass forcible transfers and empower women decision makers.","labels":["Children","Internally displaced persons","Persons affected by armed conflict","Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Mass forcible transfers"]},{"id":"cedaw-c-gc-30-add-1-0069","docId":"cedaw-c-gc-30-add-1","idx":69,"n":69,"text":"69. The cardinal international humanitarian law principles of distinction, proportionality and precaution require parties to armed conflict to “at all times distinguish between the civilian population and combatants and between civilian objects and military objectives” (Protocol I Additional to the Geneva Conventions of 1949, art. 48). Pursuant to article 56 of the Fourth Geneva Convention, occupying Powers, with national and local cooperation, must maintain medical and public health services and combat the spread of contagious diseases. In 2016, the Security Council unanimously adopted the first resolution on healthcare in armed conflict, noting that intentional attacks against hospitals and medical personnel are violations of humanitarian law (see resolution 2286 (2016)). It also called for unimpeded passage for medical and humanitarian personnel exclusively engaged in medical duties and their equipment and medicine to all people in need.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Threats to reproductive rights and healthcare in armed conflict"],"citedArticles":[{"article":"48","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Protocol I Additional to the Geneva Conventions of 1949, art. 48' - IHL, not in scope."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Pursuant to article 56 of the Fourth Geneva Convention' - IHL, not in scope."}]},{"id":"cedaw-c-gc-30-add-1-0070","docId":"cedaw-c-gc-30-add-1","idx":70,"n":70,"text":"70. In line with Security Council resolution 2286 (2016), medical personnel should engage in their duties with “moral independence, compassion and respect for human dignity”. In one report by a United Nations independent international commission of inquiry addressing deliberate attacks on sexual and reproductive healthcare facilities, “reproductive violence” was defined as a distinct form of gender-based violence targeting autonomy and reproductive capacity through harmful acts or omissions. The commission of inquiry indicated that such violence is prohibited under the Convention on the Elimination of All Forms of Discrimination against Women. The Genocide Convention identifies “measures intended to prevent births within the group” as an act of genocide.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Threats to reproductive rights and healthcare in armed conflict"]},{"id":"cedaw-c-gc-30-add-1-0071","docId":"cedaw-c-gc-30-add-1","idx":71,"n":71,"text":"71. In general recommendation No. 30, the Committee calls for a national response to gender-based violence and HIV, in line with Security Council resolution 2106 (2013). States are urged to provide non-discriminatory reproductive health services. In its resolution 2122 (2013), the Council calls for the provision of the full range of services to women affected by armed conflict, including health services to address pregnancies resulting from rape.","labels":["Persons affected by armed conflict","Persons living with HIV/AIDS","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Threats to reproductive rights and healthcare in armed conflict"]},{"id":"cedaw-c-gc-30-add-1-0072","docId":"cedaw-c-gc-30-add-1","idx":72,"n":72,"text":"72. Mental health and psychosocial services in humanitarian responses and emergency care services in conflict and post-conflict situations were endorsed by States in their statements made during the Arria-formula meeting of the Security Council held on 25 March 2022 on the theme “Ensuring access to mental health and psychosocial support in conflict, post-conflict and humanitarian settings” (see A/76/854-S/2022/456). In line with Council resolution 1889 (2009), States must be encouraged to provide access to mental health services, along with sexual and reproductive health and reproductive rights services.","labels":["Persons affected by armed conflict","Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Threats to reproductive rights and healthcare in armed conflict"]},{"id":"cedaw-c-gc-30-add-1-0073","docId":"cedaw-c-gc-30-add-1","idx":73,"n":73,"text":"73. In its resolution 2565 (2021), the Security Council recognized that armed conflicts and pandemics can exacerbate each other. It emphasized the need for “international collaboration…, in particular by enabling equitable global access to quality, safe, efficacious and affordable diagnostics, therapeutics, medicines and vaccines, and essential health technologies”. While in general recommendation No. 30, the Committee references “situations of concern” and “states of emergency”, States should note that, in general recommendation No. 40, it specifically highlights pandemics and emphasizes the nexus between the women and peace and security agenda and women’s leadership in pandemic avoidance.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Pandemics and states of emergency"]},{"id":"cedaw-c-gc-30-add-1-0074","docId":"cedaw-c-gc-30-add-1","idx":74,"n":74,"text":"74. Terrorism and violent extremism affect the human rights of women and girls, including their health, education and participation in public life. Extremist groups frequently exploit harmful hypermasculine norms in their discourse and recruitment of women and girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Countering and preventing violent extremism"]},{"id":"cedaw-c-gc-30-add-1-0075","docId":"cedaw-c-gc-30-add-1","idx":75,"n":75,"text":"75. In its resolution 2242 (2015), the Security Council calls for the greater integration of the women and peace and security agenda in efforts to counter violent extremism, and advocates evidence-based policy on the participation of women in counter-terrorism strategies and data collection to measure the way in which such strategies affect women’s human rights and women’s organizations","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Countering and preventing violent extremism"]},{"id":"cedaw-c-gc-30-add-1-0076","docId":"cedaw-c-gc-30-add-1","idx":76,"n":76,"text":"76. In the same resolution, the Security Council also expresses its intention to invite women’s organizations to brief the Council on country-specific situations and relevant thematic areas and reiterates the importance of engagement by men and boys as partners in promoting the participation of women in peace processes. While gender equality in the community and a gender perspective in security can help to prevent violent extremism, efforts to engage women and women’s organizations in prevention of violent extremism activities can risk essentializing and instrumentalizing women in the overmilitarization of the State. States should avoid gender, racial, ethnic and religious profiling and reproducing stereotypes that may inform violent narratives. Inclusive strategies to prevent violent extremism should be developed in consultation and collaboration with women’s organizations.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Countering and preventing violent extremism"]},{"id":"cedaw-c-gc-30-add-1-0077","docId":"cedaw-c-gc-30-add-1","idx":77,"n":77,"text":"77. Educational violence can be understood as the deliberate denial of education, manifested through school closures for women and girls, attacks on schools, militarization of educational institutions and exclusionary policies targeting women and girls, including the systematic erasure of women’s education and access to learning and knowledge, in violation of their intellectual autonomy and empowerment. Pursuant to Committee on Economic, Social and Cultural Rights general comment No. 13 (1999) on the right to education and Committee on the Elimination of Discrimination against Women general recommendation No. 36 (2017) on the right of girls and women to education, education is an “empowerment right” that is indivisible from other rights. In its resolution 2601 (2021), the seminal resolution safeguarding education in conflict, the Security Council emphasizes alarming rises in such attacks, noting their insidious implications for global peace and security. While girls’ education serves to reduce the prevalence of child marriage during conflict, gender-sensitive peace education and academic independence are conflict prevention tools.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Educational violence"]},{"id":"cedaw-c-gc-30-add-1-0078","docId":"cedaw-c-gc-30-add-1","idx":78,"n":78,"text":"78. Attacks on girls’ schools and the deliberate, widespread denial of girls’ and women’s education on gender grounds constitute violations of the right to equal education under the Convention on the Elimination of All Forms of Discrimination against Women and, in situations of armed conflict may amount to violations of international humanitarian law as set out in the Geneva Conventions of 12 August 1949. Conflict-related educational violence as a systemic form of gender discrimination may be tantamount to a crime against humanity, specifically persecution on gender grounds. According to article 7 (2) (g) of the Rome Statute, “persecution” includes the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity.","labels":["Persons affected by armed conflict","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Educational violence"],"citedArticles":[{"article":"7","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 7 (2) (g) of the Rome Statute' - not an in-scope UN human rights treaty."}]},{"id":"cedaw-c-gc-30-add-1-0079","docId":"cedaw-c-gc-30-add-1","idx":79,"n":79,"text":"79. The Safe Schools Declaration of 2015 contains a call for safeguards against military use of educational facilities and the investigation and prosecution of such violations. In its resolution 2601 (2021), the Security Council expresses grave concern about parties to conflict continuing “to violate with impunity the relevant provisions of applicable international law”, including “attacks on schools and their infrastructure”, the “abduction of children”, especially girls, and the “use of schools for military purposes”. States should note that, in resolution 2601 (2021), the Council emphasizes risks posed to girls due to attacks on schools and sexual violence at school or on the way to and from school. Schools are a powerful symbol of human dignity, and women and girls are often denied access to them as a tool of warfare.","labels":["Children","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Safeguarding schools in conflict"]},{"id":"cedaw-c-gc-30-add-1-0080","docId":"cedaw-c-gc-30-add-1","idx":80,"n":80,"text":"80. In July 2025, the International Criminal Court issued warrants of arrest against leaders of the Taliban, representing the first time that the Prosecutor had charged the crime of gender persecution on its own. The Court maintains that there are reasonable grounds to believe that there exists a crime against humanity under article 7 (1) (h) of the Rome Statute of persecution on the basis of gender, targeting not only women and girls but also those perceived as their allies. This opens the door for gender persecution as a stand-alone charge in the fight against impunity. To create full accountability for gender-based crimes, in general recommendation No. 40, the Committee recognizes the codification of the crime of “gender apartheid” as being crucial.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Persecution based on gender"],"citedArticles":[{"treaty":"CEDAW","article":"7","paragraph":"1","source":"regex"}]},{"id":"cedaw-c-gc-30-add-1-0081","docId":"cedaw-c-gc-30-add-1","idx":81,"n":81,"text":"81. The AI revolution and digital transformation are reshaping the global landscape of conflict. The Committee acknowledges that technology offers critical gender empowerment tools in conflict, including for tracking early warning signs of conflict and documenting violence – for example, using pattern recognition to identify trafficking in women and gathering forensic evidence on sexual violence – via data analysis and digital forensics.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0082","docId":"cedaw-c-gc-30-add-1","idx":82,"n":82,"text":"82. A new and widening chasm – the algorithmic divide – threatens global gender equity. Women lacking access to AI systems and data governance may be excluded from post-conflict reconstruction and security. This divide is particularly acute when electricity, water, Internet access, mobile penetration, algorithmic infrastructure and computational resources for women are limited. An efflorescence of new global norms on AI is useful in addressing gendered asymmetries in conflict prevention. In the Global Digital Compact, adopted by the General Assembly in 2024 (resolution 79/1, annex I), Member States undertook a commitment to data privacy and security and data governance. In its resolution 78/265 of 21 March 2024, entitled “Seizing the opportunities of safe, secure and trustworthy artificial intelligence systems for sustainable development”, the Assembly emphasizes the importance of protecting human rights, ensuring the “governance of safe, secure and trustworthy artificial intelligence systems” and “mitigating bias encoded in data sets and otherwise combating algorithmic discrimination” and “resolves to bridge the artificial intelligence and other digital divides between and within countries”, while ensuring that technology transfers benefit all in accelerating the achievement of the Sustainable Development Goals.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0083","docId":"cedaw-c-gc-30-add-1","idx":83,"n":83,"text":"83. Technology-facilitated violence against women and girls continues to spawn new and pervasive forms of violence, such as non-consensual intimate image-sharing, doxing, cybertrafficking, sextortion and deepfakes. Digital platforms are also exploited by the manosphere to spread gendered disinformation and fake news before, during and after conflict. Targeted hate speech can have a chilling effect on the participation of women in peacebuilding, and cyberviolence – particularly attacks on women political leaders in times of crisis – necessitates gender-responsive action and compliance with due diligence obligations by technology platforms and businesses. Human Rights Council resolution 49/21 and the report of 2023 of the Special Rapporteur on freedom of the promotion and protection of the right to freedom of opinion and expression (A/78/288) illuminate the role of gender in relation to misinformation, which is often magnified during conflict and emergencies, and specifically highlight the targeting of women leaders, human rights defenders, including defenders of the rights of lesbian, bisexual, transgender and intersex women, and women journalists.","labels":["LGBTI+","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Online violence facilitated by artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0084","docId":"cedaw-c-gc-30-add-1","idx":84,"n":84,"text":"84. AI-fuelled digital violence is rapidly shapeshifting. From synthetic media to virtual reality, gender-based violence is emerging in unanticipated forms, paralleling real-world gender-based violence. Cyberspace can also serve as a platform for cybercrimes to target, traffic and abduct women for terrorist purposes. For example, Da’esh, Boko Haram and other groups use social media platforms, including videos, blogs and social media messaging, to recruit young girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Online violence facilitated by artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0085","docId":"cedaw-c-gc-30-add-1","idx":85,"n":85,"text":"85. Cyberscams and cybercrimes cause global disruption, affecting the most vulnerable, including older women. The Global Anti-Scam Alliance estimates that global scam losses amount to over $1 trillion annually. Data breaches, distributed denial of service, spyware, ransomware and malware have a differential impact on women’s mobile telephone use and connectivity.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Online violence facilitated by artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0086","docId":"cedaw-c-gc-30-add-1","idx":86,"n":86,"text":"86. The Committee calls for regulatory frameworks and relies on the bedrock of its general recommendations, including general recommendation No. 35, in which it established that gender-based violence “manifests in…technology-mediated settings and in the contemporary globalized world it transcends national boundaries”; general recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration, in which it highlighted the use of digital technology for trafficking; and general recommendation No. 40, in which it alerted States to “emerging security threats caused by new technologies”. In the light of the continuum of gender-based violence before, during and after conflict, gender asymmetry in the AI workforce may be a root cause of an explosion of technology-facilitated violence against women and girls.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Online violence facilitated by artificial intelligence"]},{"id":"cedaw-c-gc-30-add-1-0087","docId":"cedaw-c-gc-30-add-1","idx":87,"n":87,"text":"87. Cyberspace is a growing borderless battleground. As AI introduces a new era, unpredictable risks emerge, especially in warfare. Abusers exploit AI-generated content and chatbots to refine tactics. Facial mapping, virtual reality and generative tools misrepresent conflict. AI-facilitated surveillance tools and AI-generated media images can augment tools of war.","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Artificial intelligence in warfare"]},{"id":"cedaw-c-gc-30-add-1-0088","docId":"cedaw-c-gc-30-add-1","idx":88,"n":88,"text":"88. In his policy brief on A New Agenda for Peace, the Secretary-General highlights the dangers of unregulated military technology, including the weaponization of applications of digital technologies. The use of AI to make targeting decisions for drones and lethal autonomous weapon systems raises concerns over embedded gender bias. Algorithms are only as reliable as the data used to train them. AI systems require massive data sets, and numerous studies unmask gender biases in the data and gender asymmetry of system designers. Consequences of encoded bias are heightened in military applications and could expose women to distinct risks. Integrating new technologies in warfare could magnify gendered biases. Large language models and machine learning systems may rely on historically biased training data, leading to the potential miscategorization of targets and the misidentification of women in conflict zones. In both present and foreseeable conflicts, machines are increasingly poised to make autonomous decisions with lethal consequences, raising profound legal, ethical and humanitarian concerns.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Artificial intelligence in warfare"]},{"id":"cedaw-c-gc-30-add-1-0089","docId":"cedaw-c-gc-30-add-1","idx":89,"n":89,"text":"89. The Secretary-General has called for the negotiation of a legally binding treaty to prohibit and regulate lethal autonomous weapon systems by 2026. The General Assembly has expressed concern over the military use of AI, citing the potential for gendered harms arising from historically biased data sets and algorithmic discrimination in the development and deployment of lethal autonomous weapon systems (see resolution 80/57 of 1 December 2025). In their submissions to the Secretary-General for his report of 2024 on such systems (A/79/88), several States highlighted that the consequences of bias in machine learning can be amplified in war, resulting in the unintentional targeting of women civilians, and that the development of lethal autonomous weapon systems must comply with the international humanitarian law principles of distinction, proportionality and precaution.","labels":["Persons affected by armed conflict","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Artificial intelligence in warfare"]},{"id":"cedaw-c-gc-30-add-1-0090","docId":"cedaw-c-gc-30-add-1","idx":90,"n":90,"text":"90. Sounding the alarm on nuclear armament, the Secretary-General has warned that “humanity is on a knife’s edge”.[[fn:12]] Nuclear weapons pose distinct, compounded and disproportionate threats to women and girls, especially in conflict and its aftermath. Pregnant women exposed to radiation face higher rates of maternal mortality, stillbirth and children born with congenital disabilities. The preamble to the Convention on the Elimination of All Forms of Discrimination against Women includes a call for “general and complete disarmament, in particular nuclear disarmament under strict and effective international control”.","labels":["Children","Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":12,"text":"See www.armscontrol.org/act/2024-07/features/un-chief-says-humanity-nuclear-knifes-edge."}],"section":["Nuclear weapons"]},{"id":"cedaw-c-gc-30-add-1-0091","docId":"cedaw-c-gc-30-add-1","idx":91,"n":91,"text":"91. The Treaty on the Non-Proliferation of Nuclear Weapons is the bedrock of the global nuclear non-proliferation regime, aiming to pursue non-proliferation, disarmament and the peaceful uses of nuclear energy. It was the first gender-sensitive international nuclear agreement as it contained recognition of the disproportionate gendered effects of radiation and the physical and psychological toll of nuclear production and testing on women and girls. The expiration of strategic arms reduction treaties and the mounting global rush for new arms mark a grave moment for women and peace and security. In addressing the threat of nuclear conflict, the Committee calls for the equal representation of women in negotiating successor frameworks and dialogue among nuclear powers.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Nuclear weapons"]},{"id":"cedaw-c-gc-30-add-1-0092","docId":"cedaw-c-gc-30-add-1","idx":92,"n":92,"text":"92. Climate change exacerbates existing inequality and has a disproportionate impact on women and girls. Following climate disasters, risks of gender-based violence, including child marriage, intensify. Climate change may increase the risk of conflict “in contexts marked by low economic development, high economic dependence on climate-sensitive activities, high or increasing social marginalization and fragile governance” (Climate Change 2022: Impacts, Adaptation and Vulnerability, technical summary). In general recommendation No. 40, the Committee highlights the role of women in combating newly emerging threats, such as climate emergencies, and, in general recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change, the Committee provides significant guidance for linking climate change to structural gender inequality and justice, and centres women as climate leaders rather than merely victims.","labels":["Children","Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0093","docId":"cedaw-c-gc-30-add-1","idx":93,"n":93,"text":"93. The full and equal participation of women in every aspect and at every level of climate policymaking is essential to achieving long-term climate goals. Under the United Nations Framework Convention on Climate Change, over 80 gender-related decisions have been adopted. At the seventh session of the Conference of the Parties to the United Nations Framework Convention on Climate Change, in 2001, States agreed to pursue gender equality in their work under the Framework Convention and the Kyoto Protocol thereto. In 2017, at the twenty-third session of the Conference of the Parties, States adopted the first gender action plan to embed gender-responsiveness at all levels of climate policy. The Lima work programme on gender was subsequently adopted to support gender-responsive climate policy; and, at the twenty-fifth Conference of the Parties, an enhanced programme was adopted: the Belém gender action plan.","labels":["Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0094","docId":"cedaw-c-gc-30-add-1","idx":94,"n":94,"text":"94. In the Convention on Biological Diversity, the vital role that women play in conservation is recognized. The United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, contains a reference to “the important role played by women in regions affected by desertification and/or drought, particularly in rural areas of developing countries, and the importance of ensuring the full participation of both men and women at all levels in programmes to combat desertification and mitigate the effects of drought”. One of the aims of the Strategic Plan 2025–2034 of the Convention on Wetlands of International Importance especially as Waterfowl Habitat is to ensure the full, equitable, inclusive, effective and gender-responsive representation of and participation by women and girls in wetland biodiversity decision-making. As to the Paris Agreement, States should “consider their respective obligations on human rights,…the rights of Indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity”. Under the Agreement, Parties must recognize the importance of approaches involving, “inter alia, mitigation, adaptation, finance, technology transfer and capacity-building”, while enhancing private sector participation in the implementation of nationally determined contributions. States should also take into consideration the disproportionate impacts of climate change on women when developing mitigation and adaptation initiatives and gender-responsive climate finance goals under their respective nationally determined contributions.","labels":["Children","Persons affected by natural disasters","Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0095","docId":"cedaw-c-gc-30-add-1","idx":95,"n":95,"text":"95. In 2023, the General Assembly adopted resolution 77/276 of 29 March requesting an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change, including with regard to protection from anthropogenic greenhouse gas emissions and the legal consequences for causing significant harm to the climate system and other parts of the environment. In its advisory opinion of 23 July 2025, the International Court of Justice characterized climate change as an “existential threat”, affirmed States’ responsibility to protect the environment and highlighted general recommendation No. 37, which serves, along with other fundamental norms, including international climate treaties, customary international law and international human rights law, to safeguard the environment and “intergenerational equity”. In a statement, the Secretary-General heralded the opinion as “the power of young people to make a difference”.[[fn:13]]","labels":["Adolescents","Persons affected by natural disasters"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":13,"text":"See www.un.org/sg/en/content/sg/statements/2025-07-23/secretary-generals-message-the-advisory-opinion-of-the-international-court-of-justice."}],"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0096","docId":"cedaw-c-gc-30-add-1","idx":96,"n":96,"text":"96. In its advisory opinion of 21 May 2024, the International Tribunal for the Law of the Sea addressed due diligence obligations of States in relation to sea level rise, which has a disparate impact on women. The United Nations Convention on the Law of the Sea lays out the applicable legal framework to address deep-sea mining, piracy and armed robbery at sea, as women environmental defenders and Indigenous women in the blue economy face security threats that should be addressed through the Convention’s rights-based approach. Domestic maritime policy should establish the vital role of women in contemporary maritime security.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0097","docId":"cedaw-c-gc-30-add-1","idx":97,"n":97,"text":"97. In its resolutions 2242 (2015) and 2282 (2016), the Security Council recognized the link between inclusive sustainable development and lasting peace, pointing to underlying causes of conflict: poverty, environmental stress and gender inequality. In its resolution 2282 (2016), the Council identified anti-poverty efforts as a key determinant of effective conflict prevention strategies. The feminization of poverty is both a cause and consequence of conflict. Climate security and peacebuilding are inclusive processes and should be aimed at preventing conflict and complementing the overall economic empowerment of women.","labels":["Persons living in poverty","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0098","docId":"cedaw-c-gc-30-add-1","idx":98,"n":98,"text":"98. The private sector should assume shared responsibility in peacebuilding through the pursuit of gender-responsive economic security, sustainability, empowerment (through the United Nations Global Compact) and human rights due diligence (through the Guiding Principles on Business and Human Rights).","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Environment and sustainable development"]},{"id":"cedaw-c-gc-30-add-1-0099","docId":"cedaw-c-gc-30-add-1","idx":99,"n":99,"text":"99. In the United Nations Convention against Cybercrime; Strengthening International Cooperation for Combating Certain Crimes Committed by Means of Information and Communications Technology Systems and for the Sharing of Evidence in Electronic Form of Serious Crimes, it is recognized that cybercrime is changing the face of organized crime and a range of cyber-dependent crimes are identified (terrorism, financial crimes and smuggling), including cyber-enabled gender-based crimes, such as cybertrafficking, the non-consensual dissemination of images and grooming for the purpose of committing a sexual offence against a child.","labels":["Children"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Transnational organized crimes and drug trafficking"]},{"id":"cedaw-c-gc-30-add-1-0100","docId":"cedaw-c-gc-30-add-1","idx":100,"n":100,"text":"100. In 2022, United Nations experts called upon the international community to end the so-called “war on drugs” and promote policies rooted in human rights. They noted that: “globally, women are serving prison sentences in relation to drug offences at a much higher rate … than men, despite their often low-level, non-violent and first-time involvement in such crimes”.[[fn:14]] Discriminatory gender stereotyping of women’s “moral” conduct informs sentencing. In her report of 30 April 2024, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health highlighted that the “‘war on drugs’…has added to harms at both the individual and the societal levels through its detrimental consequences” (A/HRC/56/52, para. 33). In 2024, the United Nations High Commissioner for Human Rights emphasized the urgent need for a human rights-based approach to drug regulation: “instead of punitive measures, we need gender-sensitive and evidence-based drug policies, grounded by public health”.[[fn:15]]","labels":["Persons with disabilities","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":14,"text":"See www.ohchr.org/en/statements-and-speeches/2022/06/end-war-drugs-and-promote-policies-rooted-human-rights-un-experts."},{"n":15,"text":"See https://news.un.org/en/story/2024/12/1157836."}],"section":["Transnational organized crimes and drug trafficking"]},{"id":"cedaw-c-gc-30-add-1-0101","docId":"cedaw-c-gc-30-add-1","idx":101,"n":101,"text":"101. In his report of 23 August 2004 on the rule of law and transitional justice in conflict and post-conflict societies, the Secretary-General acknowledges that “the heightened vulnerability of minorities, women, children, prisoners and detainees, displaced persons, refugees and others, which is evident in all conflict and post-conflict situations, brings an element of urgency to the imperative of restoration of the rule of law” (S/2004/616, para. 2). In his follow-up report of 12 October 2011 on the same topic, he recognizes that United Nations programmes on women’s access to justice have been strengthened through Security Council resolutions 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) (S/2011/634, para. 42). He emphasizes that “transitional justice processes should ensure that the perspectives of women and children are taken into account” (S/2011/634, para. 22).","labels":["Children","Persons affected by armed conflict","Persons deprived of their liberty","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Rule of law and transitional justice in conflict and post- conflict societies"]},{"id":"cedaw-c-gc-30-add-1-0102","docId":"cedaw-c-gc-30-add-1","idx":102,"n":102,"text":"102. Transitional justice mechanisms should cover enforced disappearances, with a focus on their gendered impacts and State responsibility for femicide and other forms of gender-based violence, which correlate with enforced disappearances. The International Convention for the Protection of All Persons from Enforced Disappearance protects children born during their mother’s enforced disappearance.","labels":["Children","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Rule of law and transitional justice in conflict and post- conflict societies"]},{"id":"cedaw-c-gc-30-add-1-0103","docId":"cedaw-c-gc-30-add-1","idx":103,"n":103,"text":"103. As stated by the Secretary-General in his remarks to the press on the release of the report entitled The Security We Need: Rebalancing Military Spending for a Sustainable and Peaceful Future, in 2025, “the evidence is clear: excessive military spending does not guarantee peace…A more secure world begins by investing at least as much in fighting poverty as we do in fighting wars”.[[fn:16]] As highlighted in the report, in 2024, global military spending reached an all-time high of $2.7 trillion and “each dollar allocated to the military generates more than twice the greenhouse gas emissions of a dollar spent elsewhere”. The rise in military spending is counter to the Beijing Declaration and Platform for Action, in which a call was made to reduce “excessive military expenditures”. A stark reality was highlighted by the Secretary-General in his report of 2023 on women and peace and security: while military spending increases, women’s organizations struggle for resources (S/2023/725, para. 1).","labels":["Persons living in poverty","Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"footnotes":[{"n":16,"text":"See www.un.org/sg/en/content/sg/press-events/2025-09-09/secretary-generals-remarks-the-press-the-release-of-the-report-the-security-we-need-rebalancing-military-spending-for-sustainable-and-peaceful-future-delivered."}],"section":["Conclusion"]},{"id":"cedaw-c-gc-30-add-1-0104","docId":"cedaw-c-gc-30-add-1","idx":104,"n":104,"text":"104. In his policy brief on A New Agenda for Peace, the Secretary-General acknowledges that institutional weakness, impunity and the spread of arms aggravate the risks of gender-based and sexual violence in conflict settings; and calls for a commitment to transforming the gendered power dynamics in peace and security. The present addendum serves to reinforce the focus in general recommendation No. 30 on preventive diplomacy and the commitment in Security Council resolution 2282 (2016) to addressing the root causes of conflict. At the crossroads of generational shifts in the geopolitical landscape and international rules-based legal order, through the present addendum to general recommendation No. 30, the Committee expresses renewed faith in multilateralism and the transformative power of the women and peace and security agenda.","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":2026,"section":["Conclusion"]},{"id":"ced-c-gc-1-0001","docId":"ced-c-gc-1","idx":1,"n":1,"text":"1. For the purposes of the present general comment, the term “migrants” is used to refer to persons who move away from their place of usual residence, whether within a country or across an international border, temporarily or permanently, and for a variety of reasons,[[fn:1]] such as family reunification or moving away from international or non-international armed conflicts, persecution, discrimination, natural disasters, environmental degradation, the effects of climate change, difficult economic situations or high crime rates. Numbers of migrants worldwide remain high.[[fn:2]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":1,"text":"International Organization for Migration (IOM), “IOM definition of ‘migrant’”."},{"n":2,"text":"A/76/642, para. 11. See also IOM, Global Migration Data Analysis Centre, “International migrant stocks”, Migration Data Portal. Available at https://www.migrationdataportal.org/themes/international-migrant-stocks."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0002","docId":"ced-c-gc-1","idx":2,"n":2,"text":"2. Migrants are in situations of particular vulnerability, which may arise from their personal characteristics or socioeconomic status, the circumstances in which they travel – including their undocumented status and language barriers – or the treatment or conditions that they face in countries of origin, transit and destination, including border areas.[[fn:3]] The universal human rights and fundamental freedoms of migrants must be respected, protected and fulfilled at all times.[[fn:4]] Although States have a sovereign prerogative to manage their borders and regulate access to their territories, they must do so in full compliance with their obligations under international law,[[fn:5]] in particular human rights law, international humanitarian law, international refugee law and the law of the sea.","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":3,"text":"Global Compact for Safe, Orderly and Regular Migration, objective 7. See also the Guiding Principles for the Search for Disappeared Persons (CED/C/7, annex), principle 9; and African Commission on Human and Peoples’ Rights, Guidelines on the Protection of All Persons from Enforced Disappearances in Africa (2022), para. 1.3.2."},{"n":4,"text":"Global Compact for Safe, Orderly and Regular Migration, para. 4."},{"n":5,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration, para. 23."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0003","docId":"ced-c-gc-1","idx":3,"n":3,"text":"3. Already in a situation of vulnerability and faced with restrictive immigration policies and dehumanizing border governance tactics,[[fn:6]] thousands of migrants die, disappear or go missing each year, leading to humanitarian crises in many regions of the world.[[fn:7]] The issue is a high priority at the international level. In its resolution 74/148 on the protection of migrants, the General Assembly called for international cooperation to save lives, prevent the deaths of and injuries to migrants and identify migrants who have died or gone missing. The objectives of the Global Compact for Safe, Orderly and Regular Migration, adopted in 2018, include addressing and reducing vulnerabilities in migration, saving lives and establishing coordinated efforts on missing migrants, and countering trafficking in persons in the context of international migration (objectives 7, 8 and 10).","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":6,"text":"A/HRC/50/31, para. 24. See also CED/C/GRC/CO/1, para. 28; CED/C/MEX/VR/1 (Findings), para. 20; and CED/C/MEX/VR/1 (Recommendations), paras. 39–42."},{"n":7,"text":"A/72/335, para. 1."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0004","docId":"ced-c-gc-1","idx":4,"n":4,"text":"4. Missing persons, as understood by the International Committee of the Red Cross (ICRC) for the purposes of its operations, are persons whose whereabouts are unknown to their relatives and/or who, on the basis of reliable information, have been reported missing in accordance with national legislation in connection with an international or non-international armed conflict, a situation of internal violence or disturbances, natural catastrophes or any other situation that may require the intervention of a competent State authority.[[fn:8]] The International Organization for Migration (IOM), as part of its Missing Migrants Project, collects data on migrants who have died at the external borders of States or in the process of migrating towards an international destination, including as a result of transport accidents, shipwrecks or violent attacks or owing to medical complications during their journeys.[[fn:9]] Some missing migrants could be victims of disappearance, including enforced disappearance. The principal distinctive element between a migrant going missing and a migrant becoming a victim of disappearance is the commission of a crime against a migrant, as provided in articles 2, 3 and 5 of the Convention.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":8,"text":"ICRC, Guiding Principles/Model Law on the Missing: Principles for Legislating the Situation of Persons Missing as a Result of Armed Conflict or International Violence – Measures to Prevent Persons from Going Missing and to Protect the Rights and Interests of the Missing and Their Families (Geneva, 2009), art. 2 (1)."},{"n":9,"text":"The project data also include corpses found at border crossings that are categorized as the bodies of migrants on the basis of belongings and/or the characteristics of the death."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CED","article":"2","source":"regex"},{"treaty":"CED","article":"3","source":"regex"},{"treaty":"CED","article":"5","source":"regex"}]},{"id":"ced-c-gc-1-0005","docId":"ced-c-gc-1","idx":5,"n":5,"text":"5. The Committee notes with great concern that deaths and cases of disappearance are widely reported along various migration routes.[[fn:10]] The issue was first addressed by the Working Group on Enforced or Involuntary Disappearances in 2017, in its report on enforced disappearance in the context of migration,[[fn:11]] and has not improved since. However, accurate data on the number of victims of disappearance among missing migrants are not available or are inaccurate,[[fn:12]] owing to a lack of systematic data collection and shared databases, insufficient cooperation among States and lack of political will, barriers (linked, inter alia, to the situation of vulnerability of migrants and their relatives) to reporting cases of disappearance falling under articles 2 and 3 of the Convention, and the failure of authorities to conduct serious, effective and diligent searches and investigations. This lack of accurate and disaggregated data hinders the adoption of policies and strategies to prevent the enforced disappearance of migrants and increases the vulnerability of migrants to becoming victims of this crime.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":10,"text":"A/76/642, para. 74. Current efforts to record data are mainly carried out by non-governmental and international organizations. According to the IOM Missing Migrants Project, more than 50,000 migrants have gone missing since 2014. See also Julia Black, Global Migration Indicators 2021: Insights from the Global Migration Data Portal (Geneva, IOM, 2021), pp. 38 and 39."},{"n":11,"text":"A/HRC/36/39/Add.2."},{"n":12,"text":"A/72/335, para. 2; and A/HRC/36/39/Add.2, para. 56."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CED","article":"2","source":"regex"},{"treaty":"CED","article":"3","source":"regex"}]},{"id":"ced-c-gc-1-0006","docId":"ced-c-gc-1","idx":6,"n":6,"text":"6. Different factors contribute directly or indirectly to the disappearance of migrants (falling under articles 2 and 3 of the Convention), or the risk thereof. Various practices by some States and their agents in the context of restrictive and dehumanizing border governance directly contribute to the disappearance of migrants. These practices include immigration detention, “pushbacks” and “chain pushbacks” on land or at sea, the systematic failure of search and rescue,[[fn:13]] and collusion between State agents and organized criminal groups engaged in trafficking in persons.[[fn:14]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":13,"text":"Office of the United Nations High Commissioner for Human Rights (OHCHR), “‘Lethal disregard’: search and rescue and the protection of migrants in the central Mediterranean Sea” (Geneva, 2021); and Noemi Magugliani and Jean-Pierre Gauci, “Migrant crossings in the Channel: non-assistance, securitisation, and accountability under international law”, Opinio Juris, 21 December 2021."},{"n":14,"text":"A/HRC/36/39/Add.2, paras. 34–43. See also Human Rights Commission of Malaysia and Fortify Rights, “Sold like Fish”: Crimes against Humanity, Mass Graves, and Human Trafficking from Myanmar and Bangladesh to Malaysia from 2012 to 2015 (2019)."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CED","article":"2","source":"regex"},{"treaty":"CED","article":"3","source":"regex"}]},{"id":"ced-c-gc-1-0007","docId":"ced-c-gc-1","idx":7,"n":7,"text":"7. Furthermore, other factors – including rigid, securitized and increasingly militarized migration and border governance policies of States, which are often grounded in deterrence, coupled with discriminatory attitudes and practices against and a general trend of criminalization of migrants and those who assist them, and widespread impunity of those who violate the rights of migrants[[fn:15]] – indirectly contribute to the disappearance of migrants, by forcing them to choose increasingly dangerous routes that traverse hostile environments or areas affected by armed conflict or other situations of violence and to turn to criminal networks of smugglers or traffickers, which expose them to human rights violations and exploitation, including becoming victims of enforced disappearance. This phenomenon affects all regions of the world, without exception.","labels":["Migrants","Persons affected by armed conflict"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":15,"text":"A/HRC/36/39/Add.2, paras. 50 and 51."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0008","docId":"ced-c-gc-1","idx":8,"n":8,"text":"Among the factors that contribute to the enforced disappearance of migrants, the issue of discrimination is of specific concern:[[fn:16]] (a) Discrimination may trigger migration among those exposed to structural or direct discrimination in their country of origin or residence; (b) Migration policies may contain discriminatory elements, such as restrictions on visas or residence permits for persons from certain countries or regions or for persons of certain nationalities; (c) Certain groups of migrants may face discrimination during the migration process on the basis of migratory or socioeconomic status or other personal characteristics, such as religion, race, colour, ethnic or national origin, age, sex, sexual orientation or gender identity, which makes them even more vulnerable to becoming victims of enforced disappearance;[[fn:17]] (d) Discrimination may also affect the enjoyment by victims and their relatives of their rights concerning access to justice, including, but not limited to, participation in the investigation and search, access to legal aid, information in a language that they understand, protection and support, and presence during court proceedings.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":16,"text":"CED/C/BRA/CO/1, para. 23 (c); and CED/C/MEX/VR/1 (Recommendations), para. 39."},{"n":17,"text":"Border Violence Monitoring Network, “EU member States’ use of new technologies in enforced disappearances: input for the thematic study by the UN Working Group in Enforced or Involuntary Disappearances on ‘new technologies and enforced disappearances’” (2023), para. 9."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0009","docId":"ced-c-gc-1","idx":9,"n":9,"text":"9. The Committee emphasizes that the principle of non-discrimination is fundamental in international human rights instruments, being regarded as a jus cogens norm.[[fn:18]] It must be adhered to at all times by States parties in the implementation of their obligations under the Convention relating to the prevention of and response to cases of disappearance. Indeed, as set out in article 1 of the Convention, no one shall be subjected to enforced disappearance and no exceptional circumstances may be invoked as a justification for enforced disappearance. Consequently, the obligations of States parties under the Convention apply regardless of the nationality, origin or migratory status of the victims.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":18,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021) on migrants’ rights to liberty and freedom from arbitrary detention and their connection with other human rights, para. 32."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CED","article":"1","source":"regex"}]},{"id":"ced-c-gc-1-0010","docId":"ced-c-gc-1","idx":10,"n":10,"text":"10. As the contexts and modalities of enforced disappearance evolve over time, the Committee aims to ensure a prompt and proactive response to present-day realities. Considering the serious and highly worrying developments in enforced disappearance in the context of migration, and given the inherently preventive character of the Convention, the Committee decided to focus its first general comment on assisting States parties to fulfil their relevant obligations under the Convention with regard to preventing and responding to this crime. The Committee is thereby addressing one aspect of the ongoing human rights concerns and humanitarian crisis in the context of migration, building upon the existing universal and regional legal and policy instruments applicable to the multiple human rights violations that migrants face throughout their journeys,[[fn:19]] through the lens of the obligations established under the Convention. The Committee is also further developing its standards in this regard, including through its Guiding Principles for the Search for Disappeared Persons (2019) and its statement on non-State actors in the context of the Convention (2023),[[fn:20]] which provide a clear, authoritative and interpretative position on how to prevent and react to enforced disappearance in the context of migration.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":19,"text":"The Global Compact for Safe, Orderly and Regular Migration contains several objectives that are of direct relevance to States parties’ obligations to prevent and respond to the disappearance of migrants and are directly related to the risk of disappearance during the process of migration. The following should be used as guidance for the development of prevention policies and strategies: objective 5 (Enhance availability and flexibility of pathways for regular migration), objective 7 (Address and reduce vulnerabilities in migration), objective 8 (Save lives and establish coordinated international efforts on missing migrants), objective 9 (Strengthen the transnational response to smuggling of migrants), objective 10 (Prevent, combat and eradicate trafficking in persons in the context of international migration) and objective 13 (Use immigration detention only as a measure of last resort and work towards alternatives). See also the joint statement on illegal intercountry adoption (CED/C/9); African Commission on Human and Peoples’ Rights, Guidelines on the Protection of All Persons from Enforced Disappearances in Africa; the Inter-American Principles on the Human Rights of All Migrants, Refugees, Stateless Persons, and Victims of Trafficking in Persons; and ICRC, “Declaration for the Dignified Treatment of all Missing and Deceased Persons and their Families as a Consequence of Migrant Journeys (the Mytilini Declaration)”."},{"n":20,"text":"CED/C/10."}],"section":["I. Introduction"]},{"id":"ced-c-gc-1-0011","docId":"ced-c-gc-1","idx":11,"n":11,"text":"11. In the present general comment, the Committee draws on its experience in reviewing States parties’ reports, the jurisprudence of human rights treaty bodies, the recommendations of the Human Rights Council and its special procedures, two rounds of consultations with States, experts and other stakeholders on the concept note and a preliminary draft, and regional consultations held in Latin America and the Caribbean, Asia and the Pacific, Europe, and Africa, including the Middle East and North Africa.","labels":[],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["I. Introduction"]},{"id":"ced-c-gc-1-0012","docId":"ced-c-gc-1","idx":12,"n":12,"text":"12. The Committee is deeply concerned about the growing trend of enforced disappearance in the context of migration. It appeals to States parties to take urgent measures to prevent and respond to this phenomenon, guided by the present general comment, to ensure full compliance with their legal obligations. The Committee intends, in the present general comment, to clarify possible legal uncertainties under the Convention and to encourage future States parties by providing clear positions on an issue of global concern.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["II. Objectives and scope of the general comment"]},{"id":"ced-c-gc-1-0013","docId":"ced-c-gc-1","idx":13,"n":13,"text":"13. Given the preventive character of the Convention, the present general comment is also aimed at assisting States parties in developing and implementing national policies to protect migrants from becoming victims of enforced disappearance and to combat impunity.","labels":["Migrants","Persons affected by armed conflict"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["II. Objectives and scope of the general comment"]},{"id":"ced-c-gc-1-0014","docId":"ced-c-gc-1","idx":14,"n":14,"text":"14. The Committee recognizes the particular situation of vulnerability of migrants themselves, and of their relatives, who are frequently also migrants and often encounter obstacles and discrimination when searching for their disappeared loved ones. A further objective of the general comment is thus to assist States in their efforts to ensure access to justice for victims, with a view to contributing to international efforts to improve the often dire human rights situation of migrants.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["II. Objectives and scope of the general comment"]},{"id":"ced-c-gc-1-0015","docId":"ced-c-gc-1","idx":15,"n":15,"text":"15. Given the often cross-border character of enforced disappearance in the context of migration, the general comment is aimed at fostering international and regional cooperation on prevention, search and investigation with regard to the disappearance of migrants, in compliance with States parties’ obligations under the Convention.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["II. Objectives and scope of the general comment"]},{"id":"ced-c-gc-1-0016","docId":"ced-c-gc-1","idx":16,"n":16,"text":"16. To prevent migrants from becoming victims of enforced disappearance in the context of immigration detention,[[fn:21]] they must always be able, from the outset of their detention and regardless of its duration, to communicate with their relatives, consular authorities, legal representatives or any other person whom they could inform about their fate or whereabouts.[[fn:22]] Deprivation of liberty for immigration-related reasons should always be a measure of last resort, and migrants should be deprived of their liberty only if there are no alternatives to detention.[[fn:23]] Moreover, in view of the non-derogability of the prohibition of enforced disappearances under article 1 (2) of the Convention, emergency situations must not be used to justify any form of deprivation of liberty of migrants that could amount to enforced disappearance.[[fn:24]] Children should never be deprived of their liberty for reasons related to their or their parents’ migratory or residence status, or lack thereof, or solely on the basis of being unaccompanied or separated,[[fn:25]] and unaccompanied minors who are apprehended in the course of migration should be referred to child protection authorities.[[fn:26]] The prohibition of secret detention under article 17 of the Convention is especially important for the prevention of cases of disappearance, and extends to situations in which migrants are deprived of their liberty by non-State actors acting with the support, authorization or acquiescence of the State.[[fn:27]]","labels":["Migrants","Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":21,"text":"“Immigration detention” is understood to comprise any form of deprivation of liberty that relates to a person’s migration status, encompassing the person’s migratory or residence status, or lack thereof, whether relating to irregular entry or stay or not. Immigration detention refers to any situation in which a person is deprived of liberty on grounds related to that person’s migration status, regardless of the name or reason given for carrying out the deprivation of liberty, or the name of the facility or place where the person is being held while deprived of liberty. Accordingly, immigration detention includes the detention of migrants in prisons, police stations, immigration detention centres, closed reception facilities, health-care facilities and any other enclosed spaces, such as international or transit areas at air, land and maritime ports. “Reasons related to migration status” is understood by the Committee on Migrant Workers to be a person’s migratory or residence status, or the lack thereof, relating to irregular entry, stay or exit (general comment No. 5 (2021), para. 14)."},{"n":22,"text":"CED/C/MEX/VR/1 (Findings), para. 18."},{"n":23,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 38; and A/HRC/36/39/Add.2, para. 22."},{"n":24,"text":"Key guidelines on enforced disappearance in the context of the coronavirus disease (COVID-19), issued by the Committee and the Working Group on Enforced or Involuntary Disappearances, paras. 23 and 24."},{"n":25,"text":"Committee on the Rights of the Child, general comment No. 6 (2005) on treatment of unaccompanied and separated children outside of their country of origin, para. 61; joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017) on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, paras. 5 and 8; Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), paras. 39–44; and A/75/183."},{"n":26,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 44; Committee on the Rights of the Child, general comment No. 6 (2005), paras. 40 and 61–63; joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017) on the general principles regarding the human rights of children in the context of international migration, para. 32; and joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), paras. 12 and 13."},{"n":27,"text":"CED/C/10, paras. 2–8; A/HRC/13/42; A/HRC/36/39/Add.2, paras. 21–24; Human Rights Committee, general comment No. 36 (2018) on the right to life, paras. 57 and 58; Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 17; and Inter-American Commission on Human Rights, Human Rights of Migrants and Other Persons in the Context of Human Mobility in Mexico (2013), paras. 175–240."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"],"citedArticles":[{"treaty":"CED","article":"1","paragraph":"2","source":"regex"},{"treaty":"CED","article":"17","source":"regex"}]},{"id":"ced-c-gc-1-0017","docId":"ced-c-gc-1","idx":17,"n":17,"text":"The absolute prohibition, under article 17 (1) of the Convention, of the secret detention of any person,[[fn:28]] including migrants, encompasses any form of deprivation of liberty, including incommunicado detention and transfer to a secret location,[[fn:29]] regardless of the pretext used to justify it and of its duration.[[fn:30]] States parties must ensure that, if migrants are deprived of their liberty, they are afforded, without exception and irrespective of the place of deprivation of liberty, de jure and de facto, all the fundamental legal safeguards provided for under article 17 (2) of the Convention and other human rights treaties.[[fn:31]] This includes the following measures: (a) Establishing in legislation the conditions under which migrants may be deprived of their liberty; (b) Specifying which authorities are competent to order the deprivation of liberty; (c) Guaranteeing that migrants deprived of their liberty are held solely in officially recognized and supervised places of deprivation of liberty; (d) Guaranteeing that migrants deprived of their liberty are informed about their rights from the very outset, in a language that they understand, have effective access to counsel and, where necessary, a professional interpreter, and are authorized to communicate without delay with their relatives or any person of their choice, and with their consular or other diplomatic authorities, if they so wish, including the right to be visited; (e) Guaranteeing, without restriction under any circumstances and irrespective of the place of deprivation of liberty or of migratory status, the right of persons deprived of their liberty, or any persons with a legitimate interest, to take proceedings before a court in order to challenge the lawfulness of the deprivation of liberty.[[fn:32]]","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":28,"text":"E/CN.4/2003/71, para. 67."},{"n":29,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), paras. 12 and 13; and joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), para. 6."},{"n":30,"text":"Yrusta and Yrusta v. Argentina (CED/C/10/D/1/2013), para. 10.3."},{"n":31,"text":"For example, the International Covenant on Civil and Political Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Convention on the Rights of the Child and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (see Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comments No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, paras. 27–33, and No. 5 (2021), paras. 53, 58 and 65–67. See also CED/C/GRC/CO/1, para. 31 (c) and (d); CED/C/FRA/CO/1, paras. 30 and 31; and A/HRC/37/50, paras. 73 and 74)."},{"n":32,"text":"CED/C/GRC/CO/1, para. 31 (d)."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"],"citedArticles":[{"treaty":"CED","article":"17","paragraph":"1","source":"regex"},{"treaty":"CED","article":"17","paragraph":"2","source":"regex"}]},{"id":"ced-c-gc-1-0018","docId":"ced-c-gc-1","idx":18,"n":18,"text":"18. States parties should also ensure that allegations of secret detention are effectively, thoroughly, promptly and impartially investigated and that those responsible are prosecuted and, if found guilty, punished in accordance with the gravity of their acts.[[fn:33]]","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":33,"text":"Ibid., para. 31 (a)."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"]},{"id":"ced-c-gc-1-0019","docId":"ced-c-gc-1","idx":19,"n":19,"text":"19. States parties must guarantee that migrants deprived of their liberty are able to contact and be contacted locally by the Office of the United Nations High Commissioner for Refugees (UNHCR), national refugee bodies or other competent agencies and to communicate with them in private. Information on such contact and the means for making it should be made available.[[fn:34]]","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":34,"text":"UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention (Geneva, 2012), para. 47 (vii)."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"]},{"id":"ced-c-gc-1-0020","docId":"ced-c-gc-1","idx":20,"n":20,"text":"20. In accordance with article 17 (3) of the Convention, States parties must keep up-to-date official registers and records of all migrants deprived of their liberty, transferred and released, without exception and irrespective of the place or duration of the deprivation of liberty.[[fn:35]] These registers and records must, at a minimum, contain the information listed in article 17 (3) and must be filled out and maintained diligently and without delay. In addition to the information listed in article 17 (3), and while ensuring full respect for the principles governing individual data protection in accordance with article 19, States parties are invited to consider the inclusion of photographs of persons deprived of their liberty, because some migrants may not carry identity documents or may use a false identity. Registers and records must be made promptly available, upon request, to any judicial or other competent authority or institution authorized for that purpose by the law of the State party concerned or any relevant international legal instrument to which the State concerned is a party.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":35,"text":"CED/C/MEX/VR/1 (Recommendations), para. 111; CED/C/ITA/CO/1, paras. 28 and 29; CED/C/JPN/CO/1, paras. 35 and 36; A/HRC/36/39/Add.2, paras. 23, 24 and 62; and E/CN.4/1997/34, paras. 22–30."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"],"citedArticles":[{"treaty":"CED","article":"17","paragraph":"3","source":"regex"},{"treaty":"CED","article":"17","paragraph":"3","source":"regex"},{"treaty":"CED","article":"17","paragraph":"3","source":"regex"},{"treaty":"CED","article":"19","source":"regex"}]},{"id":"ced-c-gc-1-0021","docId":"ced-c-gc-1","idx":21,"n":21,"text":"21. The State party must provide without delay information about migrants who have been deprived of their liberty to any person with a legitimate interest, such as relatives, their representatives or their counsel. At a minimum, such information should include the information listed in article 18 (1) of the Convention, and States must ensure that persons with a legitimate interest have a real possibility of gaining access to it.[[fn:36]] The right of persons with a legitimate interest to have access to and to receive information may be restricted only in accordance with the provisions of article 20 (1).[[fn:37]] States parties should ensure that regulations on data protection or privacy are not used as grounds for withholding information.[[fn:38]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":36,"text":"CED/C/NLD/CO/1, para. 29."},{"n":37,"text":"Yrusta and Yrusta v. Argentina, paras. 10.5 and 10.6."},{"n":38,"text":"CED/C/NLD/CO/1, paras. 28 and 29."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"],"citedArticles":[{"treaty":"CED","article":"18","paragraph":"1","source":"regex"},{"treaty":"CED","article":"20","paragraph":"1","source":"regex"}]},{"id":"ced-c-gc-1-0022","docId":"ced-c-gc-1","idx":22,"n":22,"text":"22. States parties should also compile and make publicly available exhaustive lists of all places of deprivation of liberty[[fn:39]] and ensure that independent and impartial monitors, such as national human rights institutions, national preventive mechanisms, civil society organizations and international organizations, have full access to any location where migrants are deprived of their liberty, whether run by the State party or run privately.[[fn:40]] Access to sites of deprivation of liberty must be guaranteed in law, in accordance with article 17 (2) (e) of the Convention, and in practice. States parties should therefore establish independent and impartial monitoring and accountability mechanisms in places of deprivation of liberty.[[fn:41]] Moreover, States parties should ensure that persons deprived of their liberty have access to appropriate mechanisms to report violations of their rights to the relevant authorities.[[fn:42]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":39,"text":"CED/C/ITA/CO/1, para. 29."},{"n":40,"text":"A/HRC/36/39/Add.2, para. 88 (d); and Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), paras. 84–89. See also Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), paras. 39 and 48; A/HRC/37/50, para. 73; and Association for the Prevention of Torture, International Detention Coalition and UNHCR, Monitoring Immigration Detention: Practical Manual (Geneva, Association for the Prevention of Torture and UNHCR, 2014)."},{"n":41,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 89."},{"n":42,"text":"CED/C/GRC/CO/1, para. 31 (e)."}],"section":["III. Preventive mechanisms","A. Prohibition of the secret detention of migrants"],"citedArticles":[{"treaty":"CED","article":"17","paragraph":"2","source":"regex"}]},{"id":"ced-c-gc-1-0023","docId":"ced-c-gc-1","idx":23,"n":23,"text":"23. The lack of reliable data and statistics on disappeared and deceased migrants is one of the main obstacles to preventing and responding to their disappearances.[[fn:43]] The Committee emphasizes that the regular and systematic collection of disaggregated data and the generation of accurate statistics are crucial to understanding the scale of the problem of the disappearance of migrants and to devising policies for effective prevention, search, investigation, punishment and elimination, with a differential approach. States parties should create and regularly update a single, nationwide database of disappeared persons that includes basic information about migrants who may be victims of a disappearance, including the following: age, sex, gender identity, sexual orientation, nationality, ethnic origin and religious affiliation; the place, date, context and circumstances of the person’s disappearance, including all evidence relevant to determining whether it was a case of enforced disappearance; and the status of relevant search and investigation procedures and of procedures for the exhumation, identification and return of remains.[[fn:44]] States parties that are countries of origin should create a register of their nationals who have disappeared abroad[[fn:45]] and States parties that are countries of origin, transit, destination or return should ensure that the registration of migrants at border control points involves the individual examination of all applications for entry so as to allow for an effective search in the event of a person’s disappearance.[[fn:46]] The authorities responsible for entering the relevant data must do so in a consistent and exhaustive manner, immediately after being informed of a case of disappearance.[[fn:47]] States parties must ensure that such data are not shared or used for the purposes of immigration enforcement.[[fn:48]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":43,"text":"A/HRC/36/39/Add.2, para. 56; and OHCHR and Global Migration Group, Principles and Guidelines, Supported by Practical Guidance, on the Human Rights Protection of Migrants in Vulnerable Situations (Geneva, 2018), pp. 60 and 61."},{"n":44,"text":"CED/C/COL/OAI/1, para. 17; CED/C/IRQ/OAI/1, para. 5; CED/C/BRA/CO/1, para. 13; and CED/C/NER/CO/1, para. 15."},{"n":45,"text":"CED/C/HND/CO/1, para. 29."},{"n":46,"text":"Guiding Principles for the Search for Disappeared Persons, principle 9 (3); and CED/C/19/2, para. 14."},{"n":47,"text":"CED/C/MEX/CO/1, para. 18."},{"n":48,"text":"Joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017), para. 17."}],"section":["III. Preventive mechanisms","B. Data collection"]},{"id":"ced-c-gc-1-0024","docId":"ced-c-gc-1","idx":24,"n":24,"text":"24. The Committee recommends the standardization of data collection in order to facilitate data-sharing between countries of origin, transit, destination and return.[[fn:49]] Furthermore, States parties should ensure that databases on disappeared and missing migrants are interconnected and interoperable at the national and international levels in order to facilitate the cross-checking of information. Any exchange of personal data, both nationally and across borders or jurisdictions, should meet internationally accepted standards on data and privacy.[[fn:50]] Moreover, personal data, in particular biometric data, should be used only for the purposes of searching for disappeared migrants, in accordance with article 19 (1) of the Convention, and of providing information to persons with a legitimate interest, in accordance with article 18.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":49,"text":"See ICRC, “Core dataset for the search for missing migrants” (Geneva, 2021). See also Global Compact for Safe, Orderly and Regular Migration, objective 8."},{"n":50,"text":"ICRC, “Guidelines on coordination and information-exchange mechanisms for the search for missing migrants” (Geneva, 2021), p. 18. See also A/77/196; and Christopher Kuner and Massimo Marelli, eds., Handbook on Data Protection in Humanitarian Action, 2nd ed. (Geneva, ICRC, 2020)."}],"section":["III. Preventive mechanisms","B. Data collection"],"citedArticles":[{"treaty":"CED","article":"19","paragraph":"1","source":"regex"},{"treaty":"CED","article":"18","source":"regex"}]},{"id":"ced-c-gc-1-0025","docId":"ced-c-gc-1","idx":25,"n":25,"text":"25. The absence of record-keeping throughout the handling of persons in the context of irregular border crossings further increases the risk of their becoming victims of human rights violations, including enforced disappearance.[[fn:51]] It also renders any accountability impossible, including effective inquiries and investigations.[[fn:52]] Consequently, States parties must keep records of their handling of persons in the context of irregular border crossings,[[fn:53]] and footage from border surveillance equipment should be preserved and made accessible to those mandated with overseeing border operations, as well as to authorities in charge of the search for disappeared migrants and the investigations into their disappearances.[[fn:54]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":51,"text":"A/HRC/36/39/Add.2, paras. 54 and 88; CED/C/GRC/CO/1, para. 30; CED/C/MEX/VR/1 (Findings), paras. 18–20; and European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, “12th General Report on the CPT’s activities”, 3 September 2002, paras. 32–50; and report to the Government of Greece on the visit to Greece from 17 to 29 September 2009, 17 November 2010, paras. 39 and 40."},{"n":52,"text":"European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, report to the Government of Croatia on the visit to Croatia from 10 to 14 August 2020, 3 December 2021, para. 22. On the need to keep and review registers, see CED/C/GRC/CO/1, para. 31 (f) and (g); CED/C/MEX/CO/1, paras. 34 and 35; and CED/C/MEX/VR/1 (Recommendations), paras. 105–107."},{"n":53,"text":"European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, report to the Government of Greece on the visit to Greece from 13 to 17 March 2020, 19 November 2020, para. 57; and report to the Government of Croatia on the visit to Croatia from 10 to 14 August 2020, paras. 14 and 22."},{"n":54,"text":"European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, report to the Government of Croatia on the visit to Croatia from 10 to 14 August 2020, paras. 5, 9 and 22. On the use of technology as a tool to document cases of enforced disappearance, see Border Violence Monitoring Network, “EU Member States’ use of new technologies”, paras. 16–28."}],"section":["III. Preventive mechanisms","B. Data collection"]},{"id":"ced-c-gc-1-0026","docId":"ced-c-gc-1","idx":26,"n":26,"text":"26. In addition to collecting data, States parties should conduct contextual analyses to identify possible patterns in cases of the disappearance of migrants and the underlying structural failures that enable these crimes,[[fn:55]] and possible ties between authorities and criminal networks involved in trafficking in persons and the smuggling of migrants. For this purpose, the Committee recommends the collection of qualitative data.[[fn:56]] In order to identify trends and patterns in cases of the disappearance of migrants in the context of trafficking in persons, States parties should cooperate with a broad range of actors, including antitrafficking and migration professionals.[[fn:57]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":55,"text":"CED/C/MEX/VR/1 (Recommendations), paras. 16 and 17."},{"n":56,"text":"See also Committee on the Rights of the Child, general comment No. 6 (2005), para. 100."},{"n":57,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 38 (2020), para. 109."}],"section":["III. Preventive mechanisms","B. Data collection"]},{"id":"ced-c-gc-1-0027","docId":"ced-c-gc-1","idx":27,"n":27,"text":"27. Policies that criminalize migrants, and migration itself, lack the mechanisms necessary to allow for the prior assessment of the risks and circumstances in each individual case. Instead, such policies focus on deterring entry and heighten the risk of migrants becoming victims of human rights violations, including enforced disappearance. Consequently, the Committee urges States parties to adopt evidence-based policies to foster access to regular, safe and orderly migration, in accordance with the objectives of and commitments made in the Global Compact for Safe, Orderly and Regular Migration. Specifically, States parties should work towards enhancing pathways for regular migration, addressing and reducing vulnerabilities in migration, saving lives, countering trafficking in persons and the smuggling of migrants, training and adequately equipping border authorities, finding alternatives to detention, facilitating consular assistance and, if appropriate, consular access to relevant information about disappeared persons, and eliminating discrimination.[[fn:58]] In addition, States parties must guarantee the rights of every person to seek legal protection based on an individual risk assessment and of access to justice through legal remedies, including in situations where military forces are involved in border control. States parties must end, investigate and punish practices of collective expulsions and pushbacks at borders or failure to act diligently to rescue migrants who are at sea, in the desert, in impassable forests, exposed to extreme temperatures or in other life-threatening situations.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":58,"text":"Global Compact for Safe, Orderly and Regular Migration, objectives 5, 7–11, 13, 14 and 17. See also Committee on the Elimination of Discrimination against Women, general recommendation No. 38 (2020), paras. 56–60."}],"section":["III. Preventive mechanisms","C. Policies and non-criminalization"]},{"id":"ced-c-gc-1-0028","docId":"ced-c-gc-1","idx":28,"n":28,"text":"28. Given the role played by non-State actors in many cases of the disappearance of migrants,[[fn:59]] States parties should, in cooperation with countries of origin, transit, destination and return, increase efforts to counter any form of exploitation or trafficking in persons and address the abuses and rights violations occurring in the context of smuggling and corruption.[[fn:60]] States parties are encouraged to accede to and implement international instruments for the suppression of transnational organized crime, such as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, and the United Nations Convention against Corruption, and other relevant international and regional instruments, as part of their efforts to prevent the disappearance of migrants.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":59,"text":"A/HRC/36/39/Add.2, para. 35; and Human Rights Commission of Malaysia and Fortify Rights, “Sold like Fish”."},{"n":60,"text":"A/HRC/40/59; and CED/C/GAB/CO/1, para. 20."}],"section":["III. Preventive mechanisms","C. Policies and non-criminalization"]},{"id":"ced-c-gc-1-0029","docId":"ced-c-gc-1","idx":29,"n":29,"text":"29. Special consideration must be given to the rights of migrant children, in particular unaccompanied minors.[[fn:61]] The separation of children from their families increases the risk of enforced disappearance and should be avoided, unless it is determined to be in the best interests of the child in compliance with international standards.[[fn:62]] States parties should take effective measures to ensure the protection of unaccompanied or separated migrant children housed in reception centres, or other places of accommodation, from becoming victims of human rights violations, including disappearance falling under articles 2 and 3 of the Convention.[[fn:63]] Children born on migrant routes or in places of deprivation of liberty are at additional risk of wrongful removal (art. 25) and it is therefore paramount to ensure their registration at birth.[[fn:64]] To respect their best interests, States parties should grant children at international borders the right to access to the territory, regardless of the documentation that they have or lack, and to be referred to authorities in charge of evaluating their needs in terms of protection of their rights, ensuring their procedural safeguards.[[fn:65]] Respect for the best interests of the child and family unity should be prioritized by, for example, promptly identifying migrant children at border controls or in other circumstances, assigning a guardian to unaccompanied children and putting in place best interests determination procedures.[[fn:66]]","labels":["Migrants","Children"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":61,"text":"CED/C/MEX/CO/1, para. 23. See also Committee on the Rights of the Child, general comment No. 6 (2005); joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017); and joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017)."},{"n":62,"text":"Convention on the Rights of the Child, art. 9; Committee on the Rights of the Child, general comment No. 14 (2013); joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017), paras. 31 and 32; joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), paras. 27–31; and OHCHR, “Recommended principles to guide actions concerning children on the move and other children affected by migration”, June 2016, principle 5."},{"n":63,"text":"Convention of the Rights of the Child, art. 20; Committee on the Rights of the Child, general comment No. 6 (2005), paras. 50–53; joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), paras. 43 and 44; and CED/C/GRC/CO/1, para. 27 (b)."},{"n":64,"text":"Joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), paras. 20–22. See also CED/C/ITA/CO/1, paras. 34 and 35; and CED/C/NLD/CO/1, paras. 32–39."},{"n":65,"text":"Joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), para. 17 (a)."},{"n":66,"text":"Committee on the Rights of the Child, general comment No. 6 (2005), paras. 19–22 and 81–83; joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017), paras. 27–33; and joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017), paras. 27–38."}],"section":["III. Preventive mechanisms","C. Policies and non-criminalization"],"citedArticles":[{"treaty":"CED","article":"2","source":"regex"},{"treaty":"CED","article":"3","source":"regex"},{"treaty":"CED","article":"25","source":"regex"}]},{"id":"ced-c-gc-1-0030","docId":"ced-c-gc-1","idx":30,"n":30,"text":"30. The criminalization of both migration and the provision of assistance to migrants directly contributes to the heightened risk of disappearance faced by migrants, as it places them in a situation of vulnerability. The Committee urges States parties to avoid criminalizing migration, both in law and in practice, and to facilitate a supportive environment for persons or organizations providing humanitarian or legal assistance to migrants.[[fn:67]] States parties must ensure that human rights defenders, civil society actors, journalists and anyone providing such assistance are not exposed to reprisals or intimidation and are not criminalized or prosecuted for their involvement in search and rescue operations concerning migrants, in monitoring and documenting violations or in providing any other form of assistance to migrants.[[fn:68]] To this end, States parties should review the terminology used in certain types of legislation, such as legislation on countering trafficking, smuggling and terrorism.[[fn:69]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":67,"text":"CED/C/HND/CO/1, para. 27."},{"n":68,"text":"CED/C/GRC/CO/1, para. 25 (b). See also OHCHR, “‘Lethal disregard’”, p. 28."},{"n":69,"text":"A/73/314, paras. 58–75; and Martha Gionco and Jyothi Kanics, Resilience and Resistance: The Criminalisation of Solidarity across Europe (Brussels, The Greens/EFA in the European Parliament, 2022)."}],"section":["III. Preventive mechanisms","C. Policies and non-criminalization"]},{"id":"ced-c-gc-1-0031","docId":"ced-c-gc-1","idx":31,"n":31,"text":"31. Article 16 (1) of the Convention enshrines the non-derogable principle of non-refoulement of any persons to another State where there are substantial grounds for believing that they would be in danger of being subjected to enforced disappearance. States parties should explicitly incorporate this principle into national legislation[[fn:70]] and refrain from creating legal exceptions aimed at its circumvention.[[fn:71]] The prohibition of refoulement applies wherever the State party exercises jurisdiction or effective control over the persons concerned, including at sea and on vessels.[[fn:72]] It also applies whenever States parties decide to externalize migration management to third countries.[[fn:73]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":70,"text":"A/AC.96/951, para. 16; CED/C/NER/CO/1, para. 27 (a); CED/C/MNG/CO/1, paras. 30 and 31; CED/C/SVK/CO/1, paras. 14 and 15; CED/C/PER/CO/1, paras. 22 and 23; CED/C/AUT/CO/1, paras. 20 and 21; CED/C/GAB/CO/1, paras. 30 and 31; and European Court of Human Rights, Hirsi Jamaa and others v. Italy, Application No. 27765/09, Judgment, 23 February 2012, para. 23."},{"n":71,"text":"A/HRC/50/31, para. 27."},{"n":72,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 51; Human Rights Committee, general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the International Covenant on Civil and Political Rights, para. 10; and European Court of Human Rights, Hirsi Jamaa and others v. Italy, paras. 76–82."},{"n":73,"text":"A/HRC/37/50, para. 57; and European Court of Human Rights, Hirsi Jamaa and others v. Italy, para. 129."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"],"citedArticles":[{"treaty":"CED","article":"16","paragraph":"1","source":"regex"}]},{"id":"ced-c-gc-1-0032","docId":"ced-c-gc-1","idx":32,"n":32,"text":"32. The principle of non-refoulement requires States parties to ensure that each person’s case is examined individually, impartially and independently by competent administrative and judicial authorities, in conformity with international due process standards.[[fn:74]] This process should include an assessment of whether there is a risk of the person being transferred on to a third country where they may be subjected to enforced disappearance (“chain refoulement”).[[fn:75]] Lists of “safe countries” must not be used as an alternative to individual assessments of risk.[[fn:76]] Moreover, any diplomatic assurances must be evaluated with the utmost care.[[fn:77]] A decision to return any individuals after such an assessment must be communicated to the migrants in a language that they understand, and in writing if requested,[[fn:78]] and must be subject to an appeal, with suspensive effect, before an independent and impartial authority.[[fn:79]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":74,"text":"See E.L.A. v. France (CED/C/19/D/3/2019); CED/C/NER/CO/1, para. 27 (b); CED/C/CHE/CO/1, paras. 23 and 24; CED/C/ITA/CO/1, paras. 26 and 27; CED/C/PER/CO/1, paras. 22 and 23; CED/C/AUT/CO/1, paras. 20 and 21; CED/C/GAB/CO/1, paras. 30 and 31; and European Court of Human Rights, K.I. v. France, Application No. 5560/19, Judgment, 15 April 2021."},{"n":75,"text":"CED/C/GRC/CO/1, para. 29 (d); CED/C/CHE/CO/1, paras. 23 and 24; and European Court of Human Rights, M.A. and others v. Bulgaria, Application No. 5115/18, Judgment, 20 February 2020, paras. 79–84. For examples of chain refoulement, see A/HRC/47/30, paras. 56–66."},{"n":76,"text":"CED/C/GRC/CO/1, para. 29 (d)."},{"n":77,"text":"Committee against Torture, general comment No. 4 (2017) on the implementation of article 3 in the context of article 22, paras. 19 and 20; CED/C/PAN/CO/1, paras. 22 and 23; and CED/C/KAZ/CO/1, paras. 17 and 18."},{"n":78,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 52."},{"n":79,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 64; CED/C/NER/CO/1, para. 27 (c); CED/C/FRA/CO/1, para. 27; CED/C/MNG/CO/1, paras. 30 and 31; CED/C/SVK/CO/1, paras. 14 and 15; CED/C/PER/CO/1, paras. 22 and 23; and CED/C/GRC/CO/1, para. 29 (c)."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"]},{"id":"ced-c-gc-1-0033","docId":"ced-c-gc-1","idx":33,"n":33,"text":"33. To ensure respect for the principle of non-refoulement in practice, States parties should build the institutional capacity necessary to conduct individual assessments, with duly trained personnel and adequate funding, and consider establishing national independent border monitoring mechanisms.[[fn:80]] Furthermore, States parties should provide training to border officials and staff involved in asylum, return, surrender or extradition procedures and to law enforcement officials, in general, on the concept of enforced disappearance and on the assessment of the related risks.[[fn:81]]","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":80,"text":"See Recommended Principles and Guidelines on Human Rights at International Borders; A/HRC/47/30; A/HRC/50/31; and CRC/C/GRC/CO/4-6."},{"n":81,"text":"A/HRC/37/50, para. 77; and CED/C/GRC/CO/1, para. 29 (e)."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"]},{"id":"ced-c-gc-1-0034","docId":"ced-c-gc-1","idx":34,"n":34,"text":"34. The Committee calls upon States parties to avoid indirect refoulement resulting from the creation of conditions that leave migrants no option but to return to a country where there are substantial grounds to believe that they would be in danger of being subjected to enforced disappearance or transferred to another country where they would face such a risk.[[fn:82]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":82,"text":"A/HRC/37/50, para. 43."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"]},{"id":"ced-c-gc-1-0035","docId":"ced-c-gc-1","idx":35,"n":35,"text":"35. Pushbacks, and any other form of collective expulsion that do not allow for an individual assessment, constitute a flagrant violation of article 16 of the Convention.[[fn:83]] In the absence of an internationally agreed legal definition of the term, the Committee considers that pushbacks constitute measures taken by States, sometimes involving third countries or non-State actors, which result in migrants being summarily forced back, without an individual assessment of their human rights protection needs, to the country or territory, or to sea, whether it be territorial waters or international waters, from where they attempted to cross or crossed an international border.[[fn:84]] The Committee is of the view that, when pushbacks involve the deprivation of liberty of migrants and the concealment of their fate or whereabouts, they amount to enforced disappearance within the meaning of article 2 of the Convention, regardless of the duration of the deprivation of liberty. They may also constitute a violation of articles 17 and 18, which prohibit secret detention and guarantee the right of access to information about persons deprived of their liberty, and of other articles of the Convention, depending on the circumstances. The same applies to cases where pushbacks are carried out by non-State actors or intergovernmental organizations that act with the support, authorization or acquiescence of the State party. In addition, the seizure and destruction of individuals’ personal belongings, identity documents or mobile phones after their apprehension may lead to enforced disappearance, given that individuals are left without any means to communicate their whereabouts to relatives or prove their identity.[[fn:85]]","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":83,"text":"CED/C/CRI/CO/1, paras. 28 and 29."},{"n":84,"text":"A/HRC/47/30, para. 34. See also Council of Europe, Pushed Beyond the Limits: Four Areas for Urgent Action to End Human Rights Violations at Europe’s Borders – Recommendation by the Council of Europe Commissioner for Human Rights (Strasbourg, 2022), p. 16."},{"n":85,"text":"CED/C/GRC/CO/1, para. 28 (a); CED/C/MEX/VR/1 (Findings), paras. 19 and 20; and European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, report to the Government of Greece on the visit to Greece from 13 to 17 March 2020, para. 56."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"],"citedArticles":[{"treaty":"CED","article":"16","source":"regex"},{"treaty":"CED","article":"2","source":"regex"},{"treaty":"CED","article":"17","source":"regex"},{"treaty":"CED","article":"18","source":"regex"}]},{"id":"ced-c-gc-1-0036","docId":"ced-c-gc-1","idx":36,"n":36,"text":"36. By obstructing access to applicable legal frameworks and procedural safeguards, pushbacks place migrants outside the protection of the law, make them vulnerable and may result in human rights violations incompatible with States’ obligations under international human rights law.[[fn:86]] Such obligations concern not only the prohibition of refoulement and collective expulsion,[[fn:87]] but also the prohibition of torture and other cruel, inhuman or degrading treatment or punishment,[[fn:88]] the right to liberty[[fn:89]] and the right to life.[[fn:90]] Pushbacks that do not involve the deprivation of liberty also raise grave concerns because they effectively remove the persons subjected to them from any protection of the law and contribute to a risk of disappearance. The Committee strongly urges States parties to refrain from such practices, including chain pushbacks, and from indirect pushbacks that result from a deliberate failure to search and rescue at sea or on land.[[fn:91]] States parties, therefore, must refrain from conducting pushbacks, must effectively investigate, prosecute and punish any allegations of such practices and must not deny their occurrence.[[fn:92]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":86,"text":"Article 4 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto as amended by Protocol No. 11; article 22 (9) of the American Convention on Human Rights; article 12 (5) of the African Charter on Human and Peoples’ Rights; and article 26 (2) of the Arab Charter on Human Rights."},{"n":87,"text":"European Court of Human Rights, Hirsi Jamaa and others v. Italy, paras. 185 and 186; N.D. and N.T. v. Spain, Applications No. 8675/15 and No. 8697/15, Judgment, 13 February 2020; and Shahzad v. Hungary, Application No. 12625/17, Judgment, 8 July 2021."},{"n":88,"text":"A/HRC/37/50, paras. 52 and 53; and European Court of Human Rights, Hirsi Jamaa and others v. Italy."},{"n":89,"text":"Inter-American Commission on Human Rights, Haitian Centre for Human Rights and others v. United States of America, Case No. 10.675, Decision on the Merits, 13 March 1997, para. 169."},{"n":90,"text":"European Court of Human Rights, Safi and others v. Greece, Application No. 5418/15, Judgment, 7 July 2022."},{"n":91,"text":"A/HRC/47/30, paras. 72–75. See also OHCHR, “‘Lethal disregard’”; and Human Rights Committee, A.S. et al. v. Italy (CCPR/C/130/D/3042/2017)."},{"n":92,"text":"CED/C/GRC/CO/1, para. 29 (a)."}],"section":["III. Preventive mechanisms","D. Non-refoulement and the prohibition of pushbacks"]},{"id":"ced-c-gc-1-0037","docId":"ced-c-gc-1","idx":37,"n":37,"text":"37. The Committee recalls that the obligations to search for disappeared persons, conduct effective investigations into cases of alleged disappearance, including those falling within article 3 of the Convention, and prosecute and punish perpetrators are fundamental to ending this heinous crime and preventing its reoccurrence. In migration contexts, cases of disappearance are often not reported, for example, owing to obstacles faced by relatives living in another country, language, cultural or knowledge barriers and fear among relatives or witnesses who may themselves have an irregular migratory status.[[fn:93]] Authorities should initiate the search and investigation ex officio as soon as they become aware of or have indications, through any means, that a person has been subjected to disappearance.[[fn:94]] The burden of proof should not be on the victims or relatives.[[fn:95]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":93,"text":"CED/C/MEX/VR/1 (Recommendations), para. 36."},{"n":94,"text":"Guiding Principles for the Search for Disappeared Persons, principles 6 and 9; A/HRC/36/39/Add.2, paras. 67 and 70; Human Rights Committee, general comment No. 36 (2018), para. 58; and CED/C/ITA/CO/1, para. 23."},{"n":95,"text":"Inter-American Court of Human Rights, Gómez Palomino v. Peru, Judgment on Merits, Reparations and Costs, 22 November 2005, para. 106."}],"section":["IV. Obligations to search and investigate"],"citedArticles":[{"treaty":"CED","article":"3","source":"regex"}]},{"id":"ced-c-gc-1-0038","docId":"ced-c-gc-1","idx":38,"n":38,"text":"38. All individuals, irrespective of their migratory status, must be guaranteed the right to report an enforced disappearance (art. 12 (1)). For the right to report to be effective, States parties should endeavour to raise awareness about existing reporting mechanisms and provide professional interpreters whenever necessary.[[fn:96]] Moreover, witnesses or relatives must be able to report disappearance without fear of reprisals, including deportation or deprivation of liberty. States parties should therefore create functional and accessible mechanisms to enable the reporting of a disappearance from another country, and promptly alert the competent authorities of the country in which the alleged disappearance took place.[[fn:97]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":96,"text":"CED/C/MEX/VR/1 (Recommendations), para. 52."},{"n":97,"text":"Guiding Principles for the Search for Disappeared Persons, principles 5 and 9; A/HRC/36/39/Add.2, paras. 51, 54, 67–69, 77 and 78; and Human Rights Committee, general comment No. 36 (2018), para. 58."}],"section":["IV. Obligations to search and investigate"],"citedArticles":[{"treaty":"CED","article":"12","paragraph":"1","source":"regex"}]},{"id":"ced-c-gc-1-0039","docId":"ced-c-gc-1","idx":39,"n":39,"text":"39. To ensure the effectiveness of the search, States parties should implement the Committee’s Guiding Principles for the Search for Disappeared Persons and other international standards.[[fn:98]] The search should be conducted under the presumption that the person is alive; respect human dignity at every stage; be governed by a public policy; follow a differential approach; respect the right to participation; begin without delay; continue until the disappeared person’s fate and whereabouts have been determined with certainty; be conducted on the basis of a comprehensive strategy; take into account the particular vulnerability of migrants; be organized efficiently; use information in an appropriate manner; be coordinated; reinforce the criminal investigation; be carried out safely; be independent and impartial; and be governed by public protocols. Investigations of cases of the disappearance of migrants must be transparent, thorough and impartial and must adopt a differential approach that considers the structural vulnerability of migrants and the intersectional vulnerability of particular groups of migrants, such as women, children, members of LGBTQI+ communities and those belonging to certain ethnic or racial groups.[[fn:99]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":98,"text":"For example, the Minnesota Protocol on the Investigation of Potentially Unlawful Death."},{"n":99,"text":"A/HRC/45/13/Add.3, paras. 87–89."}],"section":["IV. Obligations to search and investigate"]},{"id":"ced-c-gc-1-0040","docId":"ced-c-gc-1","idx":40,"n":40,"text":"40. When investigating cases of the disappearance of migrants, States should have a clear and comprehensive investigation strategy that guarantees the exhaustiveness and impartiality of the investigation and includes contextual analysis. Once the perpetrators have been identified, they should be prosecuted and punished in accordance with the gravity of the crime, and the situation of vulnerability of migrants should be considered an aggravating circumstance. States parties applying a statute of limitations must take into account the fact that enforced disappearance is a continuous crime and that the term of limitation for criminal proceedings commences from the moment when the offence of enforced disappearance ceases. States parties must also take all the measures necessary to establish their competence to exercise jurisdiction over the offence of enforced disappearance occurring outside their territory, as provided for in article 9 of the Convention.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["IV. Obligations to search and investigate"],"citedArticles":[{"treaty":"CED","article":"9","source":"regex"}]},{"id":"ced-c-gc-1-0041","docId":"ced-c-gc-1","idx":41,"n":41,"text":"41. To facilitate search and investigation, States parties should ensure effective inter-institutional cooperation and coordination at the national level and among institutions from countries of origin, transit, destination and return.[[fn:100]] Moreover, States parties should strive to create standardized protocols for search and investigation in cases of disappeared migrants across States[[fn:101]] and enable the exchange of all relevant information, including national registers of disappeared persons and DNA databases, while respecting international standards on data protection and privacy and not exposing migrants to further risk. States parties must ensure that all competent institutions are adequately funded and equipped and have the necessary properly trained personnel.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":100,"text":"CED/C/GRC/CO/1, para. 27 (c)."},{"n":101,"text":"See, for example, ICRC, “Core dataset for the search for missing migrants”."}],"section":["IV. Obligations to search and investigate"]},{"id":"ced-c-gc-1-0042","docId":"ced-c-gc-1","idx":42,"n":42,"text":"42. States parties must ensure that the relatives of disappeared migrants, their representatives and any other person with a legitimate interest, irrespective of where they reside, are able and supported to gain access to information without delay and to take part in all stages of the search and investigation if they so wish.[[fn:102]] In the course of the search and investigation process, States parties should use information provided by relatives, civil society organizations, international organizations and other States that has been gathered through the innovative use of information and communications technology.[[fn:103]]","labels":[],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":102,"text":"CED/C/GRC/CO/1, para. 27 (e); and CED/C/HND/CO/1, para. 25 (c)."},{"n":103,"text":"Border Violence Monitoring Network, “EU Member States’ use of new technologies”, paras. 16–28."}],"section":["IV. Obligations to search and investigate"]},{"id":"ced-c-gc-1-0043","docId":"ced-c-gc-1","idx":43,"n":43,"text":"43. States parties should take all appropriate measures to search for, identify and return the remains of migrants who are found dead along migratory routes. To this end, States parties should investigate allegations of deaths along migratory routes and the existence of clandestine mass graves and establish a register of remains found. Exhumations of such sites must be conducted in full compliance with international standards.[[fn:104]] To facilitate the search for and the identification of remains, States parties should establish centralized DNA databases that contain the necessary genetic data, as well as ante-mortem and post-mortem information, and should promote the establishment of agreements, mechanisms and practices with all relevant countries – of possible origin, transit, destination and return – to multiply the options for DNA data matches concerning unidentified human remains.[[fn:105]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":104,"text":"A/HRC/36/39/Add.2, para. 69; Melanie Klinkner and Ellie Smith, The Bournemouth Protocol on Mass Grave Protection and Investigation (Bournemouth, Bournemouth University, 2020); and International Commission on Missing Persons, “Investigatory standards”."},{"n":105,"text":"CED/C/GRC/CO/1, para. 27 (d). See also International Commission on Missing Persons, The Missing: An Agenda for the Future – Conference Report (The Hague, 2014)."}],"section":["IV. Obligations to search and investigate"]},{"id":"ced-c-gc-1-0044","docId":"ced-c-gc-1","idx":44,"n":44,"text":"44. States parties have an obligation to ensure that all victims of enforced disappearance have access to their rights to truth and justice, reparation and guarantees of non-repetition, including when such disappearance occurs in the context of migration. Reparation should be understood in a broad sense that includes restitution, rehabilitation, satisfaction, including restoration of dignity and reputation, and guarantees of non-repetition. In addition, all victims have a right to prompt, fair and adequate compensation (art. 24 (2)–(5)).[[fn:106]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":106,"text":"See also Declaration on the Protection of all Persons from Enforced Disappearance, art. 19; E/CN.4/1998/43, paras. 68–75; CED/C/JPN/CO/1, paras. 25, 26 and 40; CCPR/C/MEX/CO/5, para. 12; and CCPR/C/MEX/CO/6, paras. 29 and 33."}],"section":["V. Victims’ rights"],"citedArticles":[{"treaty":"CED","article":"24","paragraph":"2","source":"regex"}]},{"id":"ced-c-gc-1-0045","docId":"ced-c-gc-1","idx":45,"n":45,"text":"45. In ensuring access to compensation and reparation, States parties must be sensitive to the specific needs of victims, taking into account, inter alia, their sex, sexual orientation, gender identity, age, nationality, ethnic origin, social status, disability, migratory status and other characteristics of the person or their relatives. Such access must be guaranteed for those in any form of union comparable to marriage, even when not recognized under the law of the State party or the country in which relatives are located.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["V. Victims’ rights"]},{"id":"ced-c-gc-1-0046","docId":"ced-c-gc-1","idx":46,"n":46,"text":"46. Specific attention should be given to ensuring the necessary psychosocial and logistical support for relatives of disappeared persons. Relatives should be provided with effective and quick access to humanitarian visas and temporary residence permits, and other measures should be taken to facilitate their participation in the search and investigation and their access to information about their loved ones.[[fn:107]] States parties should ensure that disappeared migrants found alive and their relatives are not deported or expelled because of their irregular migratory status prior to the final decision in criminal proceedings, given that such action may impede access to justice. The right of relatives to take part or be represented in the trial and in the search and investigation must be guaranteed. State authorities must maintain effective communication with relatives, including through the use of new technologies or, where appropriate, diplomatic and consular representation.[[fn:108]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":107,"text":"CED/C/MEX/VR/1 (Recommendations), para. 47."},{"n":108,"text":"CED/C/HND/CO/1, para. 29; CED/C/PAN/CO/1, para. 13; and CED/C/15/3, para. 12. See also A/HRC/54/22/Add.5."}],"section":["V. Victims’ rights"]},{"id":"ced-c-gc-1-0047","docId":"ced-c-gc-1","idx":47,"n":47,"text":"47. States parties should remove or simplify the administrative procedures in place for migrant victims of enforced disappearance found alive and the relatives of forcibly disappeared persons to obtain access to appropriate victim support services before, during and, for an appropriate time, after proceedings. To achieve this, the creation of emergency funds aimed at covering the immediate economic expenses of relatives in the search process is fundamental, as is the ongoing training of civil servants in public institutions, including consular authorities, on issues of psychosocial approach, intersectional, intercultural and gender perspectives and the context of forced migration, in order to ensure that relatives are treated in a dignified manner and to avoid their revictimization. Training should also include addressing the specific needs of migrants who disappeared as a result of trafficking in persons[[fn:109]] or illegal adoption.[[fn:110]] State bodies should also have a specialized system of care in place to provide relatives with social and psychological support, legal advice and medical care in a language that they understand.[[fn:111]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":109,"text":"CED/C/GAB/CO/1, para. 19. See also the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; and Committee on the Elimination of Discrimination against Women, general recommendation No. 38 (2020)."},{"n":110,"text":"See CED/C/9."},{"n":111,"text":"Equipo de Estudios Comunitarios y Acción Psicosocial, Normas Mínimas desde la Perspectiva Psicosocial para los Procesos de Búsqueda de Personas Migrantes Desaparecidas: Mesa de Discusión en Centroamérica y México 2016–2019 (Guatemala City, 2019), p. 20."}],"section":["V. Victims’ rights"]},{"id":"ced-c-gc-1-0048","docId":"ced-c-gc-1","idx":48,"n":48,"text":"48. States parties should use inter-State cooperation mechanisms to ensure continuity in the enjoyment of victims’ rights as they migrate from one State party to another, but also after they arrive in their country of destination or return to their country of origin.[[fn:112]] Cooperation instruments should not be limited to the search, but should include all processes derived from the investigation, including locating and releasing disappeared persons from deprivation of liberty and exhuming, identifying and returning remains, ensuring their repatriation where necessary.[[fn:113]] The repatriation of bodies must be timely and without cost to relatives and must follow strict protocols with regard to notification in order to avoid revictimization.[[fn:114]] Whenever requested, consular offices or embassies should play a crucial role in facilitating communication with relatives based abroad. Efficient communication channels should be established between consular authorities in the country in which the person disappeared and all the national authorities of that country that may be able to provide information about the disappeared person, including prosecution authorities, places of deprivation of liberty, shelters, other consular missions, hospitals and communities of migrants abroad.[[fn:115]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":112,"text":"A/73/178/Rev.1, para. 51; CED/C/MEX/CO/1, paras. 23 and 24; and CED/C/HND/CO/1, paras. 28 and 29."},{"n":113,"text":"See articles 14 and 15 of the Convention. See also CED/C/19/2, para. 14; CED/C/AUT/CO/1, para. 17; and CED/C/JPN/CO/1, paras. 27 and 28."},{"n":114,"text":"Guiding Principles for the Search for Disappeared Persons, principle 2 (4)."},{"n":115,"text":"Regional Conference on Migration, “Recommendations on regional coordination and information exchange mechanisms in the search for missing persons in the context of migration” (2022), p. 18: “Consular missions, together with relevant authorities from the country where the person disappeared, are responsible for conducting a search for the person reported as missing. To this end, they should establish a network for immediate communication with prosecution authorities, detention centers, shelters, other consular missions, hospitals, communities of migrants abroad, etc. in order to activate the search. In addition, it is important to continue with the proactive practice of maintaining contact with the instances described above to be able to identify cases that have not been reported at their consular offices.” Available at https://temas.crmsv.org/sites/default/files/Documentos%20Files/chld8_recomendaciones_ busqueda_de_personas_desaparecidas_en_el_contexto_migratorio_eng_0.pdf."}],"section":["V. Victims’ rights"]},{"id":"ced-c-gc-1-0049","docId":"ced-c-gc-1","idx":49,"n":49,"text":"49. Considering the situation of special vulnerability of relatives of disappeared persons, States parties must eliminate any harmful practices that limit or hamper their right to form and participate freely in organizations and associations focused on attempting to establish the circumstances of cases of enforced disappearance and the fate of disappeared persons in the context of migration, and to assist migrant victims of enforced disappearance.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["V. Victims’ rights"]},{"id":"ced-c-gc-1-0050","docId":"ced-c-gc-1","idx":50,"n":50,"text":"50. States parties should ensure that the programmes that they implement in compliance with article 23 of the Convention include specific elements relating to the prevention, investigation, prosecution and punishment of enforced disappearance in the context of migration. In this context, particular attention should be paid to the concepts of enforced disappearance and non-discrimination,[[fn:116]] to the particular situation of vulnerability and needs of migrants and their relatives and to international cooperation mechanisms. Such training should be provided to law enforcement and civil or military security personnel, medical and forensic personnel, public officials, including border officials and other officials involved in border-control measures and the apprehension or deprivation of liberty of migrants, and other persons who may be involved in the custody or treatment of migrants deprived of their liberty.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":116,"text":"CED/C/MEX/VR/1 (Recommendations), para. 52."}],"section":["VI. Training and cooperation"],"citedArticles":[{"treaty":"CED","article":"23","source":"regex"}]},{"id":"ced-c-gc-1-0051","docId":"ced-c-gc-1","idx":51,"n":51,"text":"51. Given the often transnational nature of migration processes, cooperation and mutual legal assistance among States parties are crucial if they are to comply fully with their obligations under the Convention to prevent and investigate disappearance, search for disappeared persons and ensure the rights of victims. To facilitate cooperation and assistance, States parties should adopt and implement bilateral and multilateral cooperation agreements, enhance existing institutional capacities or establish competent authorities and strengthen their capacities as necessary to ensure the effective coordination of search and investigation efforts, including the prompt and secure exchange of information and documentation that may help to locate persons disappeared during migration.[[fn:117]] Such agreements should be subject to regular review and updated to reflect the requirements of the current circumstances.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":117,"text":"Guiding Principles for the Search for Disappeared Persons, principles 9 (3) and (4), 11 and 12; CED/C/MNE/CO/1, paras. 12–15; and CED/C/ITA/CO/1, paras. 24 and 25."}],"section":["VI. Training and cooperation"]},{"id":"ced-c-gc-1-0052","docId":"ced-c-gc-1","idx":52,"n":52,"text":"52. The Committee calls upon States of origin, transit, destination and return to establish transnational and regional or subregional mechanisms for the search for disappeared migrants to further facilitate the exchange of information and to guarantee access to justice for the victims and their relatives. To facilitate the cross-border exchange of information, the Committee recommends the establishment of notification mechanisms and national contact points in charge of sharing information and communicating with counterparts and relatives.[[fn:118]] In creating such information-exchange mechanisms, States parties should take into account existing mechanisms, protocols and guidelines.[[fn:119]]","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":118,"text":"Global Compact for Safe, Orderly and Regular Migration, objective 8 (d). See also, for example, ICRC, “Guidelines on coordination and information-exchange mechanisms for the search for missing migrants”."},{"n":119,"text":"ICRC, “Guidelines on coordination and information-exchange mechanisms for the search for missing migrants”; and Regional Conference on Migration, “Recommendations on regional coordination and information exchange mechanisms in the search for missing persons in the context of migration”. The latter recommendations are aimed at supporting States members of the Regional Conference on Migration to optimize existing mechanisms for information exchange as a means of facilitating the search for disappeared migrants. They include a set of criteria for the exchange of information and standardization of processes, including criteria on the collection of data from relatives of disappeared persons, the forensic documentation of unidentified deceased persons, national databases, and data protection (pp. 8–10). Specific recommendations relate to existing information-exchange mechanisms in the region (Mexico, United States of America and Central America; pp. 11–17) and to the role of consular authorities and ministries of foreign affairs in the search for disappeared migrants."}],"section":["VI. Training and cooperation"]},{"id":"ced-c-gc-1-0053","docId":"ced-c-gc-1","idx":53,"n":53,"text":"53. Given the often transnational nature of migration and the focus of articles 15, 24 and 25 (2) and (3) of the Convention on assisting victims, States parties should take all the measures necessary to ensure mutual assistance among all States, in particular in the context of searching for and gathering information contained in the registers and databases of other States, notwithstanding their ratification status.[[fn:120]] In addition, States parties should seek and provide assistance in the collection of data relevant to the disappearance of migrants and to the efforts to protect the human rights of migrants by the United Nations, regional mechanisms and international organizations with special expertise in this area.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":120,"text":"Working Group on Enforced or Involuntary Disappearances, general comment on the right to the truth in relation to enforced disappearance (2010), para. 9; updated set of principles for the protection and promotion of human rights through action to combat impunity, principles 16 and 17; Guiding Principles for the Search for Disappeared Persons, principles 11 and 12; and CED/C/GAB/CO/1, paras. 19 and 20."}],"section":["VI. Training and cooperation"],"citedArticles":[{"treaty":"CED","article":"15","source":"regex"},{"treaty":"CED","article":"24","source":"regex"},{"treaty":"CED","article":"25","paragraph":"2","source":"regex"}]},{"id":"ced-c-gc-1-0054","docId":"ced-c-gc-1","idx":54,"n":54,"text":"54. In some regions, specialized mechanisms have been created to facilitate transnational communication between victims or relatives and the authorities of the State where the disappearance is thought to have occurred.[[fn:121]] The Committee encourages States parties to share good practices and lessons learned, with each other and with non-signatory States, in relation to prevention, search and investigation concerning the disappearance of migrants and to accountability of perpetrators.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"footnotes":[{"n":121,"text":"For example, the Mecanismo de Apoyo Exterior, the mechanism for Mexican support abroad in search and investigation activities, between Mexico and States in Central America."}],"section":["VI. Training and cooperation"]},{"id":"ced-c-gc-1-0055","docId":"ced-c-gc-1","idx":55,"n":55,"text":"55. The present general comment should be translated into all national languages and disseminated widely to international, regional and national stakeholders, in particular all branches of government, security forces, migration and border authorities and personnel, medical personnel and social-care professionals, and to organizations of relatives of disappeared migrants, other civil society actors, academia and the media.","labels":["Migrants"],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["VI. Training and cooperation"]},{"id":"ced-c-gc-1-0056","docId":"ced-c-gc-1","idx":56,"n":56,"text":"56. The Committee encourages all States that have not yet done so to ratify the Convention and to recognize the competence of the Committee under articles 31 and 32.","labels":[],"type":"gc","committee":"CED","committees":["CED"],"year":2023,"section":["VII. Ratification"],"citedArticles":[{"treaty":"CED","article":"31","source":"regex"},{"treaty":"CED","article":"32","source":"regex"}]},{"id":"annotated-cerd-gr12-successorstates-0001","docId":"annotated-cerd-gr12-successorstates","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nEmphasizing the importance of universal participation of States in the International\nTaking into account the emergence of successor States as a result of the dissolution of\nStates,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"isPreamble":true,"preambleSource":"hri-vol-II"},{"id":"annotated-cerd-gr12-successorstates-0002","docId":"annotated-cerd-gr12-successorstates","idx":2,"n":1,"text":"Encourages successor States that have not yet done so to confirm to the Secretary General, as depositary of the International Convention on the Elimination of All Forms of Racial Discrimination, that they continue to be bound by obligations under that Convention, if predecessor States were parties to it;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993},{"id":"annotated-cerd-gr12-successorstates-0003","docId":"annotated-cerd-gr12-successorstates","idx":3,"n":2,"text":"Invites successor States that have not yet done so to accede to the International Convention on the Elimination of All Forms of Racial Discrimination if predecessor States were not parties to it;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993},{"id":"annotated-cerd-gr12-successorstates-0004","docId":"annotated-cerd-gr12-successorstates","idx":4,"n":3,"text":"Invites successor States to consider the importance of making the declaration under article 14, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, recognizing the competence of the Committee on the Elimination of Racial Discrimination to receive and consider individual communications.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"14","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0001","docId":"annotated-cerd-gr15-article4","idx":1,"n":1,"text":"When the International Convention on the Elimination of All Forms of Racial Discrimination was being adopted, article 4 was regarded as central to the struggle against racial discrimination. At that time, there was a widespread fear of the revival of authoritarian ideologies. The proscription of the dissemination of ideas of racial superiority, and of organized activity likely to incite persons to racial violence, was properly regarded as crucial. Since that time, the Committee has received evidence of organized violence based on ethnic origin and the political exploitation of ethnic difference. As a result, implementation of article 4 is now of increased importance.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0002","docId":"annotated-cerd-gr15-article4","idx":2,"n":2,"text":"The Committee recalls its general recommendation VII in which it explained that the provisions of article 4 are of a mandatory character. To satisfy these obligations, States parties have not only to enact appropriate legislation but also to ensure that it is effectively enforced. Because threats and acts of racial violence easily lead to other such acts and generate an atmosphere of hostility, only immediate intervention can meet the obligations of effective response.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0003","docId":"annotated-cerd-gr15-article4","idx":3,"n":3,"text":"Article 4 (a) requires States parties to penalize four categories of misconduct: (i) dissemination of ideas based upon racial superiority or hatred; (ii) incitement to racial hatred; (iii) acts of violence against any race or group of persons of another colour or ethnic origin; and (iv) incitement to such acts.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0004","docId":"annotated-cerd-gr15-article4","idx":4,"n":4,"text":"In the opinion of the Committee, the prohibition of the dissemination of all ideas based upon racial superiority or hatred is compatible with the right to freedom of opinion and expression. This right is embodied in article 19 of the Universal Declaration of Human Rights and is recalled in article 5 (d) (viii) of the International Convention on the Elimination of All Forms of Racial Discrimination. Its relevance to article 4 is noted in the article itself. The citizen’s exercise of this right carries special duties and responsibilities, specified in article 29, paragraph 2, of the Universal Declaration, among which the obligation not to disseminate racist ideas is of particular importance. The Committee wishes, furthermore, to draw to the attention of States parties article 20 of the International Covenant on Civil and Political Rights, according to which any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"article":"19","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 19 to the Universal Declaration of Human Rights, a non-binding instrument."},{"article":"5","paragraph":"d","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5 (d) (viii) of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"4","treaty":"CERD","confidence":"high","source":"opus","rationale":"This is CERD General Recommendation 15 on art. 4; the reference is unambiguously CERD art. 4."},{"article":"29","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 29(2) to 'the Universal Declaration', a non-binding instrument."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 20 of the International Covenant on Civil and Political Rights'."}]},{"id":"annotated-cerd-gr15-article4-0005","docId":"annotated-cerd-gr15-article4","idx":5,"n":5,"text":"Article 4 (a) also penalizes the financing of racist activities, which the Committee takes to include all the activities mentioned in paragraph 3 above, that is to say, activities deriving from ethnic as well as racial differences. The Committee calls upon States parties to investigate whether their national law and its implementation meet this requirement.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0006","docId":"annotated-cerd-gr15-article4","idx":6,"n":6,"text":"Some States have maintained that in their legal order it is inappropriate to declare illegal an organization before its members have promoted or incited racial discrimination. The Committee is of the opinion that article 4 (b) places a greater burden upon such States to be vigilant in proceeding against such organizations at the earliest moment. These organizations, as well as organized and other propaganda activities, have to be declared illegal and prohibited. Participation in these organizations is, of itself, to be punished.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"annotated-cerd-gr15-article4-0007","docId":"annotated-cerd-gr15-article4","idx":7,"n":7,"text":"Article 4 (c) of the Convention outlines the obligations of public authorities. Public authorities at all administrative levels, including municipalities, are bound by this paragraph. The Committee holds that States parties must ensure that they observe these obligations and report on this.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"a-50-18-0001","docId":"a-50-18","idx":1,"n":1,"text":"The Committee on the Elimination of Racial Discrimination calls the attention of States parties to the wording of article 3, by which States parties undertake to prevent, prohibit and eradicate all practices of racial segregation and apartheid in territories under their jurisdiction. The reference to apartheid may have been directed exclusively to South Africa, but the article as adopted prohibits all forms of racial segregation in all countries.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1995,"citedArticles":[{"treaty":"CERD","article":"3","source":"regex"}]},{"id":"a-50-18-0002","docId":"a-50-18","idx":2,"n":2,"text":"The Committee believes that the obligation to eradicate all practices of this nature includes the obligation to eradicate the consequences of such practices undertaken or tolerated by previous Governments in the State or imposed by forces outside the State.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1995},{"id":"a-50-18-0003","docId":"a-50-18","idx":3,"n":3,"text":"The Committee observes that while conditions of complete or partial racial segregation may in some countries have been created by governmental policies, a condition of partial segregation may also arise as an unintended by-product of the actions of private persons. In many cities residential patterns are influenced by group differences in income, which are sometimes combined with differences of race, colour, descent and national or ethnic origin, so that inhabitants can be stigmatized and individuals suffer a form of discrimination in which racial grounds are mixed with other grounds.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1995},{"id":"a-50-18-0004","docId":"a-50-18","idx":4,"n":4,"text":"The Committee therefore affirms that a condition of racial segregation can also arise without any initiative or direct involvement by the public authorities. It invites States parties to monitor all trends which can give rise to racial segregation, to work for the eradication of any negative consequences that ensue, and to describe any such action in their periodic reports.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1995},{"id":"annotated-cerd-gr20-article5-0001","docId":"annotated-cerd-gr20-article5","idx":1,"n":1,"text":"Article 5 of the Convention contains the obligation of States parties to guarantee the enjoyment of civil, political, economic, social and cultural rights and freedoms without racial discrimination. Note should be taken that the rights and freedoms mentioned in article 5 do not constitute an exhaustive list. At the head of these rights and freedoms are those deriving from the Charter of the United Nations and the Universal Declaration of Human Rights, as recalled in the preamble to the Convention. Most of these rights have been elaborated in the International Covenants on Human Rights. All States parties are therefore obliged to acknowledge and protect the enjoyment of human rights, but the manner in which these obligations are translated into the legal orders of States parties may differ. Article 5 of the Convention, apart from requiring a guarantee that the exercise of human rights shall be free from racial discrimination, does not of itself create civil, political, economic, social or cultural rights, but assumes the existence and recognition of these rights. The Convention obliges States to prohibit and eliminate racial discrimination in the enjoyment of such human rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"GR20 is the general recommendation on CERD art. 5 and all three instances refer to art. 5 of CERD imposing non-discrimination obligations on civil, political, economic, social and cultural rights."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Second reference in GR20 also explicitly concerns 'article 5 of the Convention' meaning CERD art. 5 on the scope of non-discrimination obligations."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Third reference also explicitly concerns 'Article 5 of the Convention' in the context of CERD GR20, confirmed by home_treaty CERD."}]},{"id":"annotated-cerd-gr20-article5-0002","docId":"annotated-cerd-gr20-article5","idx":2,"n":2,"text":"Whenever a State imposes a restriction upon one of the rights listed in article 5 of the Convention which applies ostensibly to all within its jurisdiction, it must ensure that neither in purpose nor effect is the restriction incompatible with article 1 of the Convention as an integral part of international human rights standards. To ascertain whether this is the case, the Committee is obliged to inquire further to make sure that any such restriction does not entail racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr20-article5-0003","docId":"annotated-cerd-gr20-article5","idx":3,"n":3,"text":"Many of the rights and freedoms mentioned in article 5, such as the right to equal treatment before tribunals, are to be enjoyed by all persons living in a given State; others such as the right to participate in elections, to vote and to stand for election are the rights of citizens.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"annotated-cerd-gr20-article5-0004","docId":"annotated-cerd-gr20-article5","idx":4,"n":4,"text":"The States parties are recommended to report about the non-discriminatory implementation of each of the rights and freedoms referred to in article 5 of the Convention one by one.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"annotated-cerd-gr20-article5-0005","docId":"annotated-cerd-gr20-article5","idx":5,"n":5,"text":"The rights and freedoms referred to in article 5 of the Convention and any similar rights shall be protected by a State party. Such protection may be achieved in different ways, be it by the use of public institutions or through the activities of private institutions. In any case, it is the obligation of the State party concerned to ensure the effective implementation of the Convention and to report thereon under article 9 of the Convention. To the extent that private institutions influence the exercise of rights or the availability of opportunities, the State party must ensure that the result has neither the purpose nor the effect of creating or perpetuating racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"annotated-cerd-gr21-self-determination-0001","docId":"annotated-cerd-gr21-self-determination","idx":1,"n":1,"text":"The Committee notes that ethnic or religious groups or minorities frequently refer to the right to self‑determination as a basis for an alleged right to secession. In this connection the Committee wishes to express the following views.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996},{"id":"annotated-cerd-gr21-self-determination-0002","docId":"annotated-cerd-gr21-self-determination","idx":2,"n":2,"text":"The right to self determination of peoples is a fundamental principle of international law. It is enshrined in Article 1 of the Charter of the United Nations, in article 1 of the International Covenant on Economic, Social and Cultural Rights and article 1 of the International Covenant on Civil and Political Rights, as well as in other international human rights instruments. The International Covenant on Civil and Political Rights provides for the rights of peoples to self determination besides the right of ethnic, religious or linguistic minorities to enjoy their own culture, to profess and practise their own religion or to use their own language.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'Article 1 of the Charter of the United Nations' — the UN Charter is outside the coded treaty list."},{"article":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 1 of the International Covenant on Economic, Social and Cultural Rights'."},{"article":"1","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 1 of the International Covenant on Civil and Political Rights'."}]},{"id":"annotated-cerd-gr21-self-determination-0003","docId":"annotated-cerd-gr21-self-determination","idx":3,"n":3,"text":"The Committee emphasizes that in accordance with the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, approved by the United Nations General Assembly in its resolution 2625 (XXV) of 24 October 1970, it is the duty of States to promote the right to self determination of peoples. But the implementation of the principle of self determination requires every State to promote, through joint and separate action, universal respect for and observance of human rights and fundamental freedoms in accordance with the Charter of the United Nations. In this context the Committee draws the attention of Governments to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by the General Assembly in its resolution 47/135 of 18 December 1992.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996},{"id":"annotated-cerd-gr21-self-determination-0004","docId":"annotated-cerd-gr21-self-determination","idx":4,"n":4,"text":"In respect of the self determination of peoples two aspects have to be distinguished. The right to self determination of peoples has an internal aspect, that is to say, the rights of all peoples to pursue freely their economic, social and cultural development without outside interference. In that respect there exists a link with the right of every citizen to take part in the conduct of public affairs at any level, as referred to in article 5 (c) of the International Convention on the Elimination of All Forms of Racial Discrimination. In consequence, Governments are to represent the whole population without distinction as to race, colour, descent or national or ethnic origin. The external aspect of self determination implies that all peoples have the right to determine freely their political status and their place in the international community based upon the principle of equal rights and exemplified by the liberation of peoples from colonialism and by the prohibition to subject peoples to alien subjugation, domination and exploitation.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"annotated-cerd-gr21-self-determination-0005","docId":"annotated-cerd-gr21-self-determination","idx":5,"n":5,"text":"In order to respect fully the rights of all peoples within a State, Governments are again called upon to adhere to and implement fully the international human rights instruments and in particular the International Convention on the Elimination of All Forms of Racial Discrimination. Concern for the protection of individual rights without discrimination on racial, ethnic, tribal, religious or other grounds must guide the policies of Governments. In accordance with article 2 of the International Convention on the Elimination of All Forms of Racial Discrimination and other relevant international documents, Governments should be sensitive towards the rights of persons belonging to ethnic groups, particularly their right to lead lives of dignity, to preserve their culture, to share equitably in the fruits of national growth and to play their part in the Government of the country of which they are citizens. Also, Governments should consider, within their respective constitutional frameworks, vesting persons belonging to ethnic or linguistic groups comprised of their citizens, where appropriate, with the right to engage in activities which are particularly relevant to the preservation of the identity of such persons or groups.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"annotated-cerd-gr21-self-determination-0006","docId":"annotated-cerd-gr21-self-determination","idx":6,"n":6,"text":"The Committee emphasizes that, in accordance with the Declaration on Friendly Relations, none of the Committee’s actions shall be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self determination of peoples and possessing a Government representing the whole people belonging to the territory, without distinction as to race, creed or colour. In the view of the Committee, international law has not recognized a general right of peoples unilaterally to declare secession from a State. In this respect, the Committee follows the views expressed in An Agenda for Peace (paragraphs 17 and following), namely, that a fragmentation of States may be detrimental to the protection of human rights, as well as to the preservation of peace and security. This does not, however, exclude the possibility of arrangements reached by free agreements of all parties concerned.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996},{"id":"annotated-cerd-gr23-indigenous-0001","docId":"annotated-cerd-gr23-indigenous","idx":1,"n":1,"text":"In the practice of the Committee on the Elimination of Racial Discrimination, in particular in the examination of reports of States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, the situation of indigenous peoples has always been a matter of close attention and concern. In this respect, the Committee has consistently affirmed that discrimination against indigenous peoples falls under the scope of the Convention and that all appropriate means must be taken to combat and eliminate such discrimination.","labels":["Indigenous peoples","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"annotated-cerd-gr23-indigenous-0002","docId":"annotated-cerd-gr23-indigenous","idx":2,"n":2,"text":"The Committee, noting that the General Assembly proclaimed the International Decade of the World’s Indigenous Peoples commencing on 10 December 1994, reaffirms that the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination apply to indigenous peoples.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997},{"id":"annotated-cerd-gr23-indigenous-0003","docId":"annotated-cerd-gr23-indigenous","idx":3,"n":3,"text":"The Committee is conscious of the fact that in many regions of the world indigenous peoples have been, and are still being, discriminated against and deprived of their human rights and fundamental freedoms and in particular that they have lost their land and resources to colonists, commercial companies and State enterprises. Consequently, the preservation of their culture and their historical identity has been and still is jeopardized.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997},{"id":"annotated-cerd-gr23-indigenous-0004","docId":"annotated-cerd-gr23-indigenous","idx":4,"n":4,"text":"The Committee calls in particular upon States parties to:\n(a) Recognize and respect indigenous distinct culture, history, language and way of life as an enrichment of the State’s cultural identity and to promote its preservation;\n(b) Ensure that members of indigenous peoples are free and equal in dignity and rights and free from any discrimination, in particular that based on indigenous origin or identity;\n(c) Provide indigenous peoples with conditions allowing for a sustainable economic and social development compatible with their cultural characteristics;\n(d) Ensure that members of indigenous peoples have equal rights in respect of effective participation in public life and that no decisions directly relating to their rights and interests are taken without their informed consent;\n(e) Ensure that indigenous communities can exercise their rights to practise and revitalize their cultural traditions and customs and to preserve and to practise their languages.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997},{"id":"annotated-cerd-gr23-indigenous-0005","docId":"annotated-cerd-gr23-indigenous","idx":5,"n":5,"text":"The Committee especially calls upon States parties to recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources and, where they have been deprived of their lands and territories traditionally owned or otherwise inhabited or used without their free and informed consent, to take steps to return those lands and territories. Only when this is for factual reasons not possible, the right to restitution should be substituted by the right to just, fair and prompt compensation. Such compensation should as far as possible take the form of lands and territories.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997},{"id":"annotated-cerd-gr23-indigenous-0006","docId":"annotated-cerd-gr23-indigenous","idx":6,"n":6,"text":"The Committee further calls upon States parties with indigenous peoples in their territories to include in their periodic reports full information on the situation of such peoples, taking into account all relevant provisions of the Convention.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1997},{"id":"annotated-cerd-gr24-article1-0001","docId":"annotated-cerd-gr24-article1","idx":1,"n":1,"text":"The Committee stresses that, according to the definition given in article 1, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention relates to all persons who belong to different races, national or ethnic groups or to indigenous peoples. If the Committee is to secure the proper consideration of the periodic reports of States parties, it is essential that States parties provide as far as possible the Committee with information on the presence within their territory of such groups.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1999,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr24-article1-0002","docId":"annotated-cerd-gr24-article1","idx":2,"n":2,"text":"It appears from the periodic reports submitted to the Committee under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, and from other information received by the Committee, that a number of States parties recognize the presence on their territory of some national or ethnic groups or indigenous peoples, while disregarding others. Certain criteria should be uniformly applied to all groups, in particular the number of persons concerned, and their being of a race, colour, descent or national or ethnic origin different from the majority or from other groups within the population.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1999,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"annotated-cerd-gr24-article1-0003","docId":"annotated-cerd-gr24-article1","idx":3,"n":3,"text":"Some States parties fail to collect data on the ethnic or national origin of their citizens or of other persons living on their territory, but decide at their own discretion which groups constitute ethnic groups or indigenous peoples that are to be recognized and treated as such. The Committee believes that there is an international standard concerning the specific rights of people belonging to such groups, together with generally recognized norms concerning equal rights for all and non discrimination, including those incorporated in the International Convention on the Elimination of All Forms of Racial Discrimination. At the same time, the Committee draws to the attention of States parties that the application of different criteria in order to determine ethnic groups or indigenous peoples, leading to the recognition of some and refusal to recognize others, may give rise to differing treatment for various groups within a country’s population.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1999},{"id":"annotated-cerd-gr24-article1-0004","docId":"annotated-cerd-gr24-article1","idx":4,"n":4,"text":"The Committee recalls general recommendation IV, which it adopted at its eighth session in 1973, and paragraph 8 of the general guidelines regarding the form and contents of reports to be submitted by States parties under article 9, paragraph 1, of the Convention (CERD/C/70/Rev.3), inviting States parties to endeavour to include in their periodic reports relevant information on the demographic composition of their population, in the light of the provisions of article 1 of the Convention, that is, as appropriate, information on race, colour, descent and national or ethnic origin.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1999,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr25-gender-0001","docId":"annotated-cerd-gr25-gender","idx":1,"n":1,"text":"The Committee notes that racial discrimination does not always affect women and men equally or in the same way. There are circumstances in which racial discrimination only or primarily affects women, or affects women in a different way, or to a different degree than men. Such racial discrimination will often escape detection if there is no explicit recognition or acknowledgement of the different life experiences of women and men, in areas of both public and private life.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr25-gender-0002","docId":"annotated-cerd-gr25-gender","idx":2,"n":2,"text":"Certain forms of racial discrimination may be directed towards women specifically because of their gender, such as sexual violence committed against women members of particular racial or ethnic groups in detention or during armed conflict; the coerced sterilization of indigenous women; abuse of women workers in the informal sector or domestic workers employed abroad by their employers. Racial discrimination may have consequences that affect primarily or only women, such as pregnancy resulting from racial bias‑motivated rape; in some societies women victims of such rape may also be ostracized. Women may also be further hindered by a lack of access to remedies and complaint mechanisms for racial discrimination because of gender‑related impediments, such as gender bias in the legal system and discrimination against women in private spheres of life.","labels":["Indigenous peoples","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr25-gender-0003","docId":"annotated-cerd-gr25-gender","idx":3,"n":3,"text":"Recognizing that some forms of racial discrimination have a unique and specific impact on women, the Committee will endeavour in its work to take into account gender factors or issues which may be interlinked with racial discrimination. The Committee believes that its practices in this regard would benefit from developing, in conjunction with the States parties, a more systematic and consistent approach to evaluating and monitoring racial discrimination against women, as well as the disadvantages, obstacles and difficulties women face in the full exercise and enjoyment of their civil, political, economic, social and cultural rights on grounds of race, colour, descent, or national or ethnic origin.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr25-gender-0004","docId":"annotated-cerd-gr25-gender","idx":4,"n":4,"text":"Accordingly, the Committee, when examining forms of racial discrimination, intends to enhance its efforts to integrate gender perspectives, incorporate gender analysis, and encourage the use of gender inclusive language in its sessional working methods, including its review of reports submitted by States parties, concluding observations, early warning mechanisms and urgent action procedures, and general recommendations.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr25-gender-0005","docId":"annotated-cerd-gr25-gender","idx":5,"n":5,"text":"As part of the methodology for fully taking into account the gender-related dimensions of racial discrimination, the Committee will include in its sessional working methods an analysis of the relationship between gender and racial discrimination, by giving particular consideration to:\n(a) The form and manifestation of racial discrimination;\n(b) The circumstances in which racial discrimination occurs;\n(c) The consequences of racial discrimination; and;\n(d) The availability and accessibility of remedies and complaint mechanisms for racial discrimination.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr25-gender-0006","docId":"annotated-cerd-gr25-gender","idx":6,"n":6,"text":"Noting that reports submitted by States parties often do not contain specific or sufficient information on the implementation of the Convention with respect to women, States parties are requested to describe, as far as possible in quantitative and qualitative terms, factors affecting and difficulties experienced in ensuring the equal enjoyment by women, free from racial discrimination, of rights under the Convention. Data which have been categorized by race or ethnic origin, and which are then disaggregated by gender within those racial or ethnic groups, will allow the States parties and the Committee to identify, compare and take steps to remedy forms of racial discrimination against women that may otherwise go unnoticed and unaddressed.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr27-roma-0001","docId":"annotated-cerd-gr27-roma","idx":1,"n":1,"text":"To review and enact or amend legislation, as appropriate, in order to eliminate all forms of racial discrimination against Roma as against other persons or groups, in accordance with the Convention.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0002","docId":"annotated-cerd-gr27-roma","idx":2,"n":2,"text":"To adopt and implement national strategies and programmes and express determined political will and moral leadership, with a view to improving the situation of Roma and their protection against discrimination by State bodies, as well as by any person or organization.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0003","docId":"annotated-cerd-gr27-roma","idx":3,"n":3,"text":"To respect the wishes of Roma as to the designation they want to be given and the group to which they want to belong.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0004","docId":"annotated-cerd-gr27-roma","idx":4,"n":4,"text":"To ensure that legislation regarding citizenship and naturalization does not discriminate against members of Roma communities.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0005","docId":"annotated-cerd-gr27-roma","idx":5,"n":5,"text":"To take all necessary measures in order to avoid any form of discrimination against immigrants or asylum-seekers of Roma origin.","labels":["Refugees & asylum-seekers","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0006","docId":"annotated-cerd-gr27-roma","idx":6,"n":6,"text":"To take into account, in all programmes and projects planned and implemented and in all measures adopted, the situation of Roma women, who are often victims of double discrimination.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0007","docId":"annotated-cerd-gr27-roma","idx":7,"n":7,"text":"To take appropriate measures to secure for members of Roma communities effective remedies and to ensure that justice is fully and promptly done in cases concerning violations of their fundamental rights and freedoms.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0008","docId":"annotated-cerd-gr27-roma","idx":8,"n":8,"text":"To develop and encourage appropriate modalities of communication and dialogue between Roma communities and central and local authorities.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0009","docId":"annotated-cerd-gr27-roma","idx":9,"n":9,"text":"To endeavour, by encouraging a genuine dialogue, consultations or other appropriate means, to improve the relations between Roma communities and non-Roma communities, in particular at local levels, with a view to promoting tolerance and overcoming prejudices and negative stereotypes on both sides, to promoting efforts for adjustment and adaptation and to avoiding discrimination and ensuring that all persons fully enjoy their human rights and freedoms.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0010","docId":"annotated-cerd-gr27-roma","idx":10,"n":10,"text":"To acknowledge wrongs done during the Second World War to Roma communities by deportation and extermination and consider ways of compensating for them.","labels":["Roma, Gypsies, Sinti and Travellers","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0011","docId":"annotated-cerd-gr27-roma","idx":11,"n":11,"text":"To take the necessary measures, in cooperation with civil society, and initiate projects to develop the political culture and educate the population as a whole in a spirit of non‑discrimination, respect for others and tolerance, in particular concerning Roma.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr27-roma-0012","docId":"annotated-cerd-gr27-roma","idx":12,"n":12,"text":"To ensure protection of the security and integrity of Roma, without any discrimination, by adopting measures for preventing racially motivated acts of violence against them; to ensure prompt action by the police, the prosecutors and the judiciary for investigating and punishing such acts; and to ensure that perpetrators, be they public officials or other persons, do not enjoy any degree of impunity.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["2.  Measures for protection against racial violence"]},{"id":"annotated-cerd-gr27-roma-0013","docId":"annotated-cerd-gr27-roma","idx":13,"n":13,"text":"To take measures to prevent the use of illegal force by the police against Roma, in particular in connection with arrest and detention.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["2.  Measures for protection against racial violence"]},{"id":"annotated-cerd-gr27-roma-0014","docId":"annotated-cerd-gr27-roma","idx":14,"n":14,"text":"To encourage appropriate arrangements for communication and dialogue between the police and Roma communities and associations, with a view to preventing conflicts based on racial prejudice and combating acts of racially motivated violence against members of these communities, as well as against other persons.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["2.  Measures for protection against racial violence"]},{"id":"annotated-cerd-gr27-roma-0015","docId":"annotated-cerd-gr27-roma","idx":15,"n":15,"text":"To encourage recruitment of members of Roma communities into the police and other law enforcement agencies.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["2.  Measures for protection against racial violence"]},{"id":"annotated-cerd-gr27-roma-0016","docId":"annotated-cerd-gr27-roma","idx":16,"n":16,"text":"To promote action in post‑conflict areas, by States parties and from other responsible States or authorities in order to prevent violence against and forced displacement of members of the Roma communities.","labels":["Roma, Gypsies, Sinti and Travellers","Internally displaced persons"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["2.  Measures for protection against racial violence"]},{"id":"annotated-cerd-gr27-roma-0017","docId":"annotated-cerd-gr27-roma","idx":17,"n":17,"text":"To support the inclusion in the school system of all children of Roma origin and to act to reduce drop‑out rates, in particular among Roma girls, and, for these purposes, to cooperate actively with Roma parents, associations and local communities.","labels":["Children","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0018","docId":"annotated-cerd-gr27-roma","idx":18,"n":18,"text":"To prevent and avoid as much as possible the segregation of Roma students, while keeping open the possibility for bilingual or mother‑tongue tuition; to this end, to endeavour to raise the quality of education in all schools and the level of achievement in schools by the minority community, to recruit school personnel from among members of Roma communities and to promote intercultural education.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0019","docId":"annotated-cerd-gr27-roma","idx":19,"n":19,"text":"To consider adopting measures in favour of Roma children, in cooperation with their parents, in the field of education.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0020","docId":"annotated-cerd-gr27-roma","idx":20,"n":20,"text":"To act with determination to eliminate any discrimination or racial harassment of Roma students.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0021","docId":"annotated-cerd-gr27-roma","idx":21,"n":21,"text":"To take the necessary measures to ensure a process of basic education for Roma children of travelling communities, including by admitting them temporarily to local schools, by temporary classes in their places of encampment, or by using new technologies for distance education.","labels":["Children","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0022","docId":"annotated-cerd-gr27-roma","idx":22,"n":22,"text":"To ensure that their programmes, projects and campaigns in the field of education take into account the disadvantaged situation of Roma girls and women.","labels":["Women/girls","Children","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0023","docId":"annotated-cerd-gr27-roma","idx":23,"n":23,"text":"To take urgent and sustained measures in training teachers, educators and assistants from among Roma students.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0024","docId":"annotated-cerd-gr27-roma","idx":24,"n":24,"text":"To act to improve dialogue and communication between the teaching personnel and Roma children, Roma communities and parents, using more often assistants chosen from among the Roma.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0025","docId":"annotated-cerd-gr27-roma","idx":25,"n":25,"text":"To ensure adequate forms and schemes of education for members of Roma communities beyond school age, in order to improve adult literacy among them.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0026","docId":"annotated-cerd-gr27-roma","idx":26,"n":26,"text":"To include in textbooks, at all appropriate levels, chapters about the history and culture of Roma, and encourage and support the publication and distribution of books and other print materials as well as the broadcasting of television and radio programmes, as appropriate, about their history and culture, including in languages spoken by them.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["3.  Measures in the field of education"]},{"id":"annotated-cerd-gr27-roma-0027","docId":"annotated-cerd-gr27-roma","idx":27,"n":27,"text":"To adopt or make more effective legislation prohibiting discrimination in employment and all discriminatory practices in the labour market affecting members of Roma communities, and to protect them against such practices.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0028","docId":"annotated-cerd-gr27-roma","idx":28,"n":28,"text":"To take special measures to promote the employment of Roma in the public administration and institutions, as well as in private companies.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0029","docId":"annotated-cerd-gr27-roma","idx":29,"n":29,"text":"To adopt and implement, whenever possible, at the central or local level, special measures in favour of Roma in public employment such as public contracting and other activities undertaken or funded by the Government, or training Roma in various skills and professions.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0030","docId":"annotated-cerd-gr27-roma","idx":30,"n":30,"text":"To develop and implement policies and projects aimed at avoiding segregation of Roma communities in housing; to involve Roma communities and associations as partners together with other persons in housing project construction, rehabilitation and maintenance.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0031","docId":"annotated-cerd-gr27-roma","idx":31,"n":31,"text":"To act firmly against any discriminatory practices affecting Roma, mainly by local authorities and private owners, with regard to taking up residence and access to housing; to act firmly against local measures denying residence to and unlawful expulsion of Roma, and to refrain from placing Roma in camps outside populated areas that are isolated and without access to health care and other facilities.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0032","docId":"annotated-cerd-gr27-roma","idx":32,"n":32,"text":"To take the necessary measures, as appropriate, for offering Roma nomadic groups or Travellers camping places for their caravans, with all necessary facilities.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0033","docId":"annotated-cerd-gr27-roma","idx":33,"n":33,"text":"To ensure Roma equal access to health care and social security services and to eliminate any discriminatory practices against them in this field.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0034","docId":"annotated-cerd-gr27-roma","idx":34,"n":34,"text":"To initiate and implement programmes and projects in the field of health for Roma, mainly women and children, having in mind their disadvantaged situation due to extreme poverty and low level of education, as well as to cultural differences; to involve Roma associations and communities and their representatives, mainly women, in designing and implementing health programmes and projects concerning Roma groups.","labels":["Women/girls","Roma, Gypsies, Sinti and Travellers","Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0035","docId":"annotated-cerd-gr27-roma","idx":35,"n":35,"text":"To prevent, eliminate and adequately punish any discriminatory practices concerning the access of members of the Roma communities to all places and services intended for the use of the general public, including restaurants, hotels, theatres and music halls, discotheques and others.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["4.  Measures to improve living conditions"]},{"id":"annotated-cerd-gr27-roma-0036","docId":"annotated-cerd-gr27-roma","idx":36,"n":36,"text":"To act as appropriate for the elimination of any ideas of racial or ethnic superiority, of racial hatred and incitement to discrimination and violence against Roma in the media, in accordance with the provisions of the Convention.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["5.  Measures in the field of the media"]},{"id":"annotated-cerd-gr27-roma-0037","docId":"annotated-cerd-gr27-roma","idx":37,"n":37,"text":"To encourage awareness among professionals of all media of the particular responsibility to not disseminate prejudices and to avoid reporting incidents involving individual members of Roma communities in a way which blames such communities as a whole.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["5.  Measures in the field of the media"]},{"id":"annotated-cerd-gr27-roma-0038","docId":"annotated-cerd-gr27-roma","idx":38,"n":38,"text":"To develop educational and media campaigns to educate the public about Roma life, society and culture and the importance of building an inclusive society while respecting the human rights and the identity of the Roma.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["5.  Measures in the field of the media"]},{"id":"annotated-cerd-gr27-roma-0039","docId":"annotated-cerd-gr27-roma","idx":39,"n":39,"text":"To encourage and facilitate access by Roma to the media, including newspapers and television and radio programmes, the establishment of their own media, as well as the training of Roma journalists.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["5.  Measures in the field of the media"]},{"id":"annotated-cerd-gr27-roma-0040","docId":"annotated-cerd-gr27-roma","idx":40,"n":40,"text":"To encourage methods of self‑monitoring by the media, through a code of conduct for media organizations, in order to avoid racial, discriminatory or biased language.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["5.  Measures in the field of the media"]},{"id":"annotated-cerd-gr27-roma-0041","docId":"annotated-cerd-gr27-roma","idx":41,"n":41,"text":"To take the necessary steps, including special measures, to secure equal opportunities for the participation of Roma minorities or groups in all central and local governmental bodies.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0042","docId":"annotated-cerd-gr27-roma","idx":42,"n":42,"text":"To develop modalities and structures of consultation with Roma political parties, associations and representatives, both at central and local levels, when considering issues and adopting decisions on matters of concern to Roma communities.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0043","docId":"annotated-cerd-gr27-roma","idx":43,"n":43,"text":"To involve Roma communities and associations and their representatives at the earliest stages in the development and implementation of policies and programmes affecting them and to ensure sufficient transparency about such policies and programmes.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0044","docId":"annotated-cerd-gr27-roma","idx":44,"n":44,"text":"To promote more awareness among members of Roma communities of the need for their more active participation in public and social life and in promoting their own interests, for instance the education of their children and their participation in professional training.","labels":["Children","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0045","docId":"annotated-cerd-gr27-roma","idx":45,"n":45,"text":"To organize training programmes for Roma public officials and representatives, as well as for prospective candidates to such responsibilities, aimed at improving their political, policy‑making and public administration skills.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0046","docId":"annotated-cerd-gr27-roma","idx":46,"n":46,"text":"States parties include in their periodic reports, in an appropriate form, data about the Roma communities within their jurisdiction, including statistical data about Roma participation in political life and about their economic, social and cultural situation, including from a gender perspective, and information about the implementation of this general recommendation.","labels":["Women/girls","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0047","docId":"annotated-cerd-gr27-roma","idx":47,"n":47,"text":"Intergovernmental organizations, in their projects of cooperation and assistance to the various States parties, as appropriate, address the situation of Roma communities and favour their economic, social and cultural advancement.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0048","docId":"annotated-cerd-gr27-roma","idx":48,"n":48,"text":"The High Commissioner for Human Rights consider establishing a focal point for Roma issues within the Office of the High Commissioner.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr27-roma-0049","docId":"annotated-cerd-gr27-roma","idx":49,"n":49,"text":"The World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance give due consideration to the above recommendations, taking into account the place of the Roma communities among those most disadvantaged and most subject to discrimination in the contemporary world.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"section":["6.  Measures concerning participation in public life"]},{"id":"annotated-cerd-gr28-followup-conference-0001","docId":"annotated-cerd-gr28-followup-conference","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nWelcoming the adoption of the Durban Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the provisions of General Assembly resolution 56/266 which endorse or are designed to ensure the follow-up of those instruments,\nWelcoming the fact that the instruments adopted at Durban strongly reaffirm all the fundamental values and standards of the International Convention on the Elimination of All Forms of Racial Discrimination,\nRecalling that the Durban Declaration and Programme of Action refer to the International Convention on the Elimination of All Forms of Racial Discrimination as the principal instrument to combat racism, racial discrimination, xenophobia and related intolerance,\nNoting in particular the affirmation in the Durban Declaration that universal adherence to and full implementation of the International Convention on the Elimination of All Forms of Racial Discrimination are of paramount importance for promoting equality and nondiscrimination in the world,\nExpressing its satisfaction at the recognition of the role and contribution of the Committee to the struggle against racial discrimination,\nConscious of its own responsibilities in the follow-up to the World Conference and of the need to strengthen its capacity to undertake these responsibilities,\nStressing the vital role of non-governmental organizations in the struggle against racial discrimination and welcoming their contribution during the World Conference,\nTaking note of the recognition by the World Conference of the important role that national human rights institutions play in combating racism and racial discrimination, and of the need to strengthen such institutions and provide them with greater resources,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"isPreamble":true,"preambleSource":"ohchr-docx"},{"id":"annotated-cerd-gr28-followup-conference-0002","docId":"annotated-cerd-gr28-followup-conference","idx":2,"n":1,"text":"Recommends to States:\nI. Measures to strengthen the implementation of the Convention:\n(a) If they have not yet done so, to accede to the International Convention on the Elimination of All Forms of Racial Discrimination with a view to universal ratification by the year 2005;\n(b) If they have not yet done so, to consider making the optional declaration envisaged under article 14 of the Convention;\n(c) To comply with their reporting obligations under the Convention by presenting reports in a timely manner in conformity with the relevant guidelines;\n(d) To consider withdrawing their reservations to the Convention;\n(e) To make increased efforts to inform the public of the existence of the complaints mechanism under article 14 of the Convention;\n(f) To take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order, in particular in respect of articles 2 to 7 of the Convention;\n(g) To include in their periodic reports information on action plans or other measures they have taken to implement the Durban Declaration and Programme of Action at the national level;\n(h) To disseminate the Durban Declaration and Programme of Action in an appropriate manner and provide the Committee with information on the efforts in this respect under the section of their periodic reports concerning article 7 of the Convention;\nII. Measures to strengthen the functioning of the Committee\n(i) To consider setting up appropriate national monitoring and evaluation mechanisms to ensure that all appropriate steps are taken to follow-up the concluding observations and general recommendations of the Committee;\n(j) To include in their periodic reports to the Committee appropriate information on the follow-up to such concluding observations and recommendations;\n(k) To ratify the amendment to article 8, paragraph 6, of the Convention adopted on 15 January 1992 at the 14th meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111 of 15 December 1992;\n(l) To continue cooperating with the Committee with a view to promoting the effective implementation of the Convention;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"citedArticles":[{"treaty":"CERD","article":"14","source":"regex"},{"treaty":"CERD","article":"14","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"},{"treaty":"CERD","article":"8","source":"regex"}]},{"id":"annotated-cerd-gr28-followup-conference-0003","docId":"annotated-cerd-gr28-followup-conference","idx":3,"n":2,"text":"Also recommends:\n(a) That national human rights institutions assist their respective States to comply with their reporting obligations and closely monitor the follow-up to the concluding observations and recommendations of the Committee;\n(b) That non-governmental organizations continue to provide the Committee in good time with relevant information in order to enhance its cooperation with them;\n(c) That the Office of the High Commissioner for Human Rights continue its efforts to increase awareness of the work of the Committee;\n(d) That the competent United Nations bodies provide the Committee with adequate resources to enable it to discharge its mandate fully;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr28-followup-conference-0004","docId":"annotated-cerd-gr28-followup-conference","idx":4,"n":3,"text":"Expresses its willingness:\n(a) To cooperate fully with all relevant institutions of the United Nations system, in particular the Office of the High Commissioner for Human Rights, in following up the Durban Declaration and Programme of Action;\n(b) To cooperate with the five independent eminent experts to be appointed by the Secretary-General to facilitate the implementation of the recommendations of the Durban Declaration and Programme of Action;\n(c) To coordinate its activities with the other human rights treaty bodies with a view to achieving a more effective follow-up of the Durban Declaration and Programme of Action;\n(d) To take into consideration all aspects of the Durban Declaration and Programme of Action concerning the fulfilment of its mandate.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr29-descent-0001","docId":"annotated-cerd-gr29-descent","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nRecalling the terms of the Universal Declaration of Human Rights according to which all\nhuman beings are born free and equal in dignity and rights and are entitled to the rights and\nfreedoms therein without distinction of any kind, including race, colour, sex, language, religion,\nsocial origin, birth or other status,\nRecalling also the terms of the Vienna Declaration and Programme of Action of the World\nConference on Human Rights according to which it is the duty of States, regardless of political,\neconomic and cultural system, to promote and protect all human rights and fundamental\nfreedoms,\nReaffirming its general recommendation XXVIII in which the Committee expresses\nwholehearted support for the Durban Declaration and Programme of Action of the World\nConference against Racism, Racial Discrimination, Xenophobia and Related Intolerance,\nReaffirming also the condemnation of discrimination against persons of Asian and African\ndescent and indigenous and other forms of descent in the Durban Declaration and Programme of\nAction,\nBasing its action on the provisions of the International Convention on the Elimination of\nAll Forms of Racial Discrimination which seeks to eliminate discrimination based on race,\ncolour, descent, or national or ethnic origin,\nConfirming the consistent view of the Committee that the term “descent” in article 1,\nparagraph 1, the Convention does not solely refer to “race” and has a meaning and application\nwhich complement the other prohibited grounds of discrimination,\nStrongly reaffirming that discrimination based on “descent” includes discrimination against\nmembers of communities based on forms of social stratification such as caste and analogous\nsystems of inherited status which nullify or impair their equal enjoyment of human rights,\nNoting that the existence of such discrimination has become evident from the Committee’s\nexamination of reports of a number of States parties to the Convention,\nHaving organized a thematic discussion on descent-based discrimination and received the\ncontributions of members of the Committee, as well as contributions from some Governments\nand members of other United Nations bodies, notably experts of the Sub-Commission for the\nPromotion and Protection of Human Rights,\nHaving received contributions from a great number of concerned non-governmental\norganizations and individuals, orally and through written information, providing the Committee\nwith further evidence of the extent and persistence of descent-based discrimination in different\nregions of the world,\nConcluding that fresh efforts need to be made as well as existing efforts intensified at the\nlevel of domestic law and practice to eliminate the scourge of descent-based discrimination and\nempower communities affected by it,\nCommending the efforts of those States that have taken measures to eliminate\ndescent-based discrimination and remedy its consequences,\nStrongly encouraging those affected States that have yet to recognize and address this\nphenomenon to take steps to do so,\nRecalling the positive spirit in which the dialogues between the Committee and\nGovernments have been conducted on the question of descent-based discrimination and\nanticipating further such constructive dialogues,\nAttaching the highest importance to its ongoing work in combating all forms of\ndescent-based discrimination,\nStrongly condemning descent-based discrimination, such as discrimination on the basis of\ncaste and analogous systems of inherited status, as a violation of the Convention,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"isPreamble":true,"preambleSource":"hri-vol-II","citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text confirms 'article 1, paragraph 1, the Convention does not solely refer to race' where the Convention is explicitly CERD as stated in the preamble of GR29."}]},{"id":"annotated-cerd-gr29-descent-0002","docId":"annotated-cerd-gr29-descent","idx":2,"n":1,"text":"Measures of a general nature\n(a) Steps to identify those descent-based communities under their jurisdiction who suffer from discrimination, especially on the basis of caste and analogous systems of inherited status, and whose existence may be recognized on the basis of various factors including some or all of the following: inability or restricted ability to alter inherited status; socially enforced restrictions on marriage outside the community; private and public segregation, including in housing and education, access to public spaces, places of worship and public sources of food and water; limitation of freedom to renounce inherited occupations or degrading or hazardous work; subjection to debt bondage; subjection to dehumanizing discourses referring to pollution or untouchability; and generalized lack of respect for their human dignity and equality;\n(b) Consider the incorporation of an explicit prohibition of descent-based discrimination in the national constitution;\n(c) Review and enact or amend legislation in order to outlaw all forms of discrimination based on descent in accordance with the Convention;\n(d) Resolutely implement legislation and other measures already in force;\n(e) Formulate and put into action a comprehensive national strategy with the participation of members of affected communities, including special measures in accordance with articles 1 and 2 of the Convention, in order to eliminate discrimination against members of descent-based groups;\n(f) Adopt special measures in favour of descent-based groups and communities in order to ensure their enjoyment of human rights and fundamental freedoms, in particular concerning access to public functions, employment and education;\n(g) Establish statutory mechanisms, through the strengthening of existing institutions or the creation of specialized institutions, to promote respect for the equal human rights of members of descent-based communities;\n(h) Educate the general public on the importance of affirmative action programmes to address the situation of victims of descent-based discrimination;\n(i) Encourage dialogue between members of descent-based communities and members of other social groups;\n(j) Conduct periodic surveys on the reality of descent-based discrimination and provide disaggregated information in their reports to the Committee on the geographical distribution and economic and social conditions of descent-based communities, including a gender perspective;","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"annotated-cerd-gr29-descent-0003","docId":"annotated-cerd-gr29-descent","idx":3,"n":2,"text":"Multiple discrimination against women members of descent-based communities:\n(k) Take into account, in all programmes and projects planned and implemented and in measures adopted, the situation of women members of the communities, as victims of multiple discrimination, sexual exploitation and forced prostitution;\n(l) Take all measures necessary in order to eliminate multiple discrimination including descent-based discrimination against women, particularly in the areas of personal security, employment and education;\n(m) Provide disaggregated data for the situation of women affected by descent-based discrimination;","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"section":["1.  Measures of a general nature"]},{"id":"annotated-cerd-gr29-descent-0004","docId":"annotated-cerd-gr29-descent","idx":4,"n":3,"text":"Segregation:\n(n) Monitor and report on trends which give rise to the segregation of descent-based communities and work for the eradication of the negative consequences resulting from such segregation;\n(o) Undertake to prevent, prohibit and eliminate practices of segregation directed against members of descent-based communities including in housing, education and employment;\n(p) Secure for everyone the right of access on an equal and non-discriminatory basis to any place or service intended for use by the general public;\n(q) Take steps to promote mixed communities in which members of affected communities are integrated with other elements of society and ensure that services to such settlements are accessible on an equal basis for all;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr29-descent-0005","docId":"annotated-cerd-gr29-descent","idx":5,"n":4,"text":"Dissemination of hate speech including through the mass media and the Internet:\n(r) Take measures against any dissemination of ideas of caste superiority and inferiority or which attempt to justify violence, hatred or discrimination against descent-based communities;\n(s) Take strict measures against any incitement to discrimination or violence against the communities, including through the Internet;\n(t) Take measures to raise awareness among media professionals of the nature and incidence of descent-based discrimination;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002,"section":["3.  Segregation"]},{"id":"annotated-cerd-gr29-descent-0006","docId":"annotated-cerd-gr29-descent","idx":6,"n":5,"text":"Administration of justice:\n(u) Take the necessary steps to secure equal access to the justice system for all members of descent-based communities, including by providing legal aid, facilitating of group claims and encouraging non-governmental organizations to defend community rights;\n(v) Ensure, where relevant, that judicial decisions and official actions take the prohibition of descent-based discrimination fully into account;\n(w) Ensure the prosecution of persons who commit crimes against members of descent‑based communities and the provision of adequate compensation for the victims of such crimes;\n(x) Encourage the recruitment of members of descent-based communities into the police and other law enforcement agencies;\n(y) Organize training programmes for public officials and law enforcement agencies with a view to preventing injustices based on prejudice against descent-based communities;\n(z) Encourage and facilitate constructive dialogue between the police and other law enforcement agencies and members of the communities;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr29-descent-0007","docId":"annotated-cerd-gr29-descent","idx":7,"n":6,"text":"Civil and political rights:\n(aa) Ensure that authorities at all levels in the country concerned involve members of descent-based communities in decisions which affect them;\n(bb) Take special and concrete measures to guarantee to members of descent-based communities the right to participate in elections, to vote and stand for election on the basis of equal and universal suffrage, and to have due representation in Government and legislative bodies;\n(cc) Promote awareness among members of the communities of the importance of their active participation in public and political life, and eliminate obstacles to such participation;\n(dd) Organize training programmes to improve the political policy-making and public administration skills of public officials and political representatives who belong to descent-based communities;\n(ee) Take steps to identify areas prone to descent-based violence in order to prevent the recurrence of such violence;\n(ff) Take resolute measures to secure rights of marriage for members of descent-based communities who wish to marry outside the community;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr29-descent-0008","docId":"annotated-cerd-gr29-descent","idx":8,"n":7,"text":"Economic and social rights:\n(gg) Elaborate, adopt and implement plans and programmes of economic and social development on an equal and non-discriminatory basis;\n(hh) Take substantial and effective measures to eradicate poverty among descent-based communities and combat their social exclusion or marginalization;\n(ii) Work with intergovernmental organizations, including international financial institutions, to ensure that development or assistance projects which they support take into account the economic and social situation of members of descent-based communities;\n(jj) Take special measures to promote the employment of members of affected communities in the public and private sectors;\n(kk) Develop or refine legislation and practice specifically prohibiting all discriminatory practices based on descent in employment and the labour market;\n(ll) Take measures against public bodies, private companies and other associations that investigate the descent background of applicants for employment;\n(mm) Take measures against discriminatory practices of local authorities or private owners with regard to residence and access to adequate housing for members of affected communities;\n(nn) Ensure equal access to health care and social security services for members of descent-based communities;\n(oo) Involve affected communities in designing and implementing health programmes and projects;\n(pp) Take measures to address the special vulnerability of children of descent-based communities to exploitative child labour;\n(qq) Take resolute measures to eliminate debt bondage and degrading conditions of labour associated with descent-based discrimination;","labels":["Children","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"annotated-cerd-gr29-descent-0009","docId":"annotated-cerd-gr29-descent","idx":9,"n":8,"text":"Right to education:\n(rr) Ensure that public and private education systems include children of all communities and do not exclude any children on the basis of descent;\n(ss) Reduce school drop-out rates for children of all communities, in particular for children of affected communities, with special attention to the situation of girls;\n(tt) Combat discrimination by public or private bodies and any harassment of students who are members of descent-based communities;\n(uu) Take necessary measures in cooperation with civil society to educate the population as a whole in a spirit of non-discrimination and respect for the communities subject to descent-based discrimination;\n(vv) Review all language in textbooks which conveys stereotyped or demeaning images, references, names or opinions concerning descent-based communities and replace it by images, references, names and opinions which convey the message of the inherent dignity of all human beings and their equality of human rights.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2002},{"id":"cerd-c-64-misc-11-rev-3-0001","docId":"cerd-c-64-misc-11-rev-3","idx":1,"n":1,"text":"Article 1, paragraph 1, of the Convention defines racial discrimination. Article 1, paragraph 2 provides for the possibility of differentiating between citizens and non-citizens. Article 1, paragraph 3 declares that, concerning nationality, citizenship or naturalization, the legal provisions of States parties must not discriminate against any particular nationality;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-64-misc-11-rev-3-0002","docId":"cerd-c-64-misc-11-rev-3","idx":2,"n":2,"text":"Article 1, paragraph 2, must be construed so as to avoid undermining the basic prohibition of discrimination; hence, it should not be interpreted to detract in any way from the rights and freedoms recognized and enunciated in particular in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004,"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text discusses 'Article 1, paragraph 2' of the Convention (CERD) in a CERD document; the paragraph explicitly interprets CERD art. 1 on racial discrimination definition."}]},{"id":"cerd-c-64-misc-11-rev-3-0003","docId":"cerd-c-64-misc-11-rev-3","idx":3,"n":3,"text":"Article 5 of the Convention incorporates the obligation of States parties to prohibit and eliminate racial discrimination in the enjoyment of civil, political, economic, social and cultural rights. Although some of these rights, such as the right to participate in elections, to vote and to stand for election, may be confined to citizens, human rights are, in principle, to be enjoyed by all persons. States parties are under an obligation to guarantee equality between citizens and non-citizens in the enjoyment of these rights to the extent recognized under international law;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-64-misc-11-rev-3-0004","docId":"cerd-c-64-misc-11-rev-3","idx":4,"n":4,"text":"Under the Convention, differential treatment based on citizenship or immigration status will constitute discrimination if the criteria for such differentiation, judged in the light of the objectives and purposes of the Convention, are not applied pursuant to a legitimate aim, and are not proportional to the achievement of this aim. Differentiation within the scope of article 1, paragraph 4, of the Convention relating to special measures is not considered discriminatory;","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-64-misc-11-rev-3-0005","docId":"cerd-c-64-misc-11-rev-3","idx":5,"n":5,"text":"States parties are under an obligation to report fully upon legislation on non‑citizens and its implementation. Furthermore, States parties should include in their periodic reports, in an appropriate form, socio-economic data on the non-citizen population within their jurisdiction, including data disaggregated by gender and national or ethnic origin;","labels":["Women/girls","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0006","docId":"cerd-c-64-misc-11-rev-3","idx":6,"n":6,"text":"Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures: Review and revise legislation, as appropriate, in order to guarantee that such legislation is in full compliance with the Convention, in particular regarding the effective enjoyment of the rights mentioned in article 5, without discrimination;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-64-misc-11-rev-3-0007","docId":"cerd-c-64-misc-11-rev-3","idx":7,"n":7,"text":"Ensure that legislative guarantees against racial discrimination apply to non‑citizens regardless of their immigration status, and that the implementation of legislation does not have a discriminatory effect on non-citizens;","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0008","docId":"cerd-c-64-misc-11-rev-3","idx":8,"n":8,"text":"Pay greater attention to the issue of multiple discrimination faced by non-citizens, in particular concerning the children and spouses of non-citizen workers, to refrain from applying different standards of treatment to female non-citizen spouses of citizens and male non‑citizen spouses of citizens, to report on any such practices and to take all necessary steps to address them;","labels":["Women/girls","Children","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0009","docId":"cerd-c-64-misc-11-rev-3","idx":9,"n":9,"text":"Ensure that immigration policies do not have the effect of discriminating against persons on the basis of race, colour, descent, or national or ethnic origin;","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0010","docId":"cerd-c-64-misc-11-rev-3","idx":10,"n":10,"text":"Ensure that any measures taken in the fight against terrorism do not discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin and that non-citizens are not subjected to racial or ethnic profiling or stereotyping;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0011","docId":"cerd-c-64-misc-11-rev-3","idx":11,"n":11,"text":"Take steps to address xenophobic attitudes and behaviour towards non-citizens, in particular hate speech and racial violence, and to promote a better understanding of the principle of non-discrimination in respect of the situation of non-citizens;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0012","docId":"cerd-c-64-misc-11-rev-3","idx":12,"n":12,"text":"Take resolute action to counter any tendency to target, stigmatize, stereotype or profile, on the basis of race, colour, descent, and national or ethnic origin, members of “non‑citizen” population groups, especially by politicians, officials, educators and the media, on the Internet and other electronic communications networks and in society at large;","labels":["Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0013","docId":"cerd-c-64-misc-11-rev-3","idx":13,"n":13,"text":"Ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship or naturalization, and to pay due attention to possible barriers to naturalization that may exist for long-term or permanent residents;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0014","docId":"cerd-c-64-misc-11-rev-3","idx":14,"n":14,"text":"Recognize that deprivation of citizenship on the basis of race, colour, descent, or national or ethnic origin is a breach of States parties’ obligations to ensure non-discriminatory enjoyment of the right to nationality;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0015","docId":"cerd-c-64-misc-11-rev-3","idx":15,"n":15,"text":"Take into consideration that in some cases denial of citizenship for long-term or permanent residents could result in creating disadvantage for them in access to employment and social benefits, in violation of the Convention’s anti-discrimination principles;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0016","docId":"cerd-c-64-misc-11-rev-3","idx":16,"n":16,"text":"Reduce statelessness, in particular statelessness among children, by, for example, encouraging their parents to apply for citizenship on their behalf and allowing both parents to transmit their citizenship to their children;","labels":["Children","Refugees & asylum-seekers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0017","docId":"cerd-c-64-misc-11-rev-3","idx":17,"n":17,"text":"Regularize the status of former citizens of predecessor States who now reside within the jurisdiction of the State party;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0018","docId":"cerd-c-64-misc-11-rev-3","idx":18,"n":18,"text":"Ensure that non-citizens enjoy equal protection and recognition before the law and in this context, to take action against racially motivated violence and to ensure the access of victims to effective legal remedies and the right to seek just and adequate reparation for any damage suffered as a result of such violence;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0019","docId":"cerd-c-64-misc-11-rev-3","idx":19,"n":19,"text":"Ensure the security of non-citizens, in particular with regard to arbitrary detention, as well as ensure that conditions in centres for refugees and asylum-seekers meet international standards;","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0020","docId":"cerd-c-64-misc-11-rev-3","idx":20,"n":20,"text":"Ensure that non-citizens detained or arrested in the fight against terrorism are properly protected by domestic law that complies with international human rights, refugee and humanitarian law;","labels":["Refugees & asylum-seekers","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0021","docId":"cerd-c-64-misc-11-rev-3","idx":21,"n":21,"text":"Combat ill-treatment of and discrimination against non-citizens by police and other law enforcement agencies and civil servants by strictly applying relevant legislation and regulations providing for sanctions and by ensuring that all officials dealing with non-citizens receive special training, including training in human rights;","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0022","docId":"cerd-c-64-misc-11-rev-3","idx":22,"n":22,"text":"Introduce in criminal law the provision that committing an offence with racist motivation or aim constitutes an aggravating circumstance allowing for a more severe punishment;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0023","docId":"cerd-c-64-misc-11-rev-3","idx":23,"n":23,"text":"Ensure that claims of racial discrimination brought by non-citizens are investigated thoroughly and that claims made against officials, notably those concerning discriminatory or racist behaviour, are subject to independent and effective scrutiny;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0024","docId":"cerd-c-64-misc-11-rev-3","idx":24,"n":24,"text":"Regulate the burden of proof in civil proceedings involving discrimination based on race, colour, descent, and national or ethnic origin so that once a non-citizen has established a prima facie case that he or she has been a victim of such discrimination, it shall be for the respondent to provide evidence of an objective and reasonable justification for the differential treatment;","labels":["Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0025","docId":"cerd-c-64-misc-11-rev-3","idx":25,"n":25,"text":"Ensure that laws concerning deportation or other forms of removal of non-citizens from the jurisdiction of the State party do not discriminate in purpose or effect among non‑citizens on the basis of race, colour or ethnic or national origin, and that non-citizens have equal access to effective remedies, including the right to challenge expulsion orders, and are allowed effectively to pursue such remedies;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0026","docId":"cerd-c-64-misc-11-rev-3","idx":26,"n":26,"text":"Ensure that non-citizens are not subject to collective expulsion, in particular in situations where there are insufficient guarantees that the personal circumstances of each of the persons concerned have been taken into account;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0027","docId":"cerd-c-64-misc-11-rev-3","idx":27,"n":27,"text":"Ensure that non-citizens are not returned or removed to a country or territory where they are at risk of being subject to serious human rights abuses, including torture and cruel, inhuman or degrading treatment or punishment;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0028","docId":"cerd-c-64-misc-11-rev-3","idx":28,"n":28,"text":"Avoid expulsions of non-citizens, especially of long-term residents, that would result in disproportionate interference with the right to family life;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0029","docId":"cerd-c-64-misc-11-rev-3","idx":29,"n":29,"text":"Remove obstacles that prevent the enjoyment of economic, social and cultural rights by non-citizens, notably in the areas of education, housing, employment and health;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0030","docId":"cerd-c-64-misc-11-rev-3","idx":30,"n":30,"text":"Ensure that public educational institutions are open to non-citizens and children of undocumented immigrants residing in the territory of a State party;","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0031","docId":"cerd-c-64-misc-11-rev-3","idx":31,"n":31,"text":"Avoid segregated schooling and different standards of treatment being applied to non‑citizens on grounds of race, colour, descent, and national or ethnic origin in elementary and secondary school and with respect to access to higher education;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0032","docId":"cerd-c-64-misc-11-rev-3","idx":32,"n":32,"text":"Guarantee the equal enjoyment of the right to adequate housing for citizens and non‑citizens, especially by avoiding segregation in housing and ensuring that housing agencies refrain from engaging in discriminatory practices;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0033","docId":"cerd-c-64-misc-11-rev-3","idx":33,"n":33,"text":"Take measures to eliminate discrimination against non-citizens in relation to working conditions and work requirements, including employment rules and practices with discriminatory purposes or effects;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0034","docId":"cerd-c-64-misc-11-rev-3","idx":34,"n":34,"text":"Take effective measures to prevent and redress the serious problems commonly faced by non-citizen workers, in particular by non-citizen domestic workers, including debt bondage, passport retention, illegal confinement, rape and physical assault;","labels":["Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0035","docId":"cerd-c-64-misc-11-rev-3","idx":35,"n":35,"text":"Recognize that, while States parties may refuse to offer jobs to non-citizens without a work permit, all individuals are entitled to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated;","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0036","docId":"cerd-c-64-misc-11-rev-3","idx":36,"n":36,"text":"Ensure that States parties respect the right of non-citizens to an adequate standard of physical and mental health by, inter alia, refraining from denying or limiting their access to preventive, curative and palliative health services;","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0037","docId":"cerd-c-64-misc-11-rev-3","idx":37,"n":37,"text":"Take the necessary measures to prevent practices that deny non-citizens their cultural identity, such as legal or de facto requirements that non-citizens change their name in order to obtain citizenship, and to take measures to enable non-citizens to preserve and develop their culture;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0038","docId":"cerd-c-64-misc-11-rev-3","idx":38,"n":38,"text":"Ensure the right of non-citizens, without discrimination based on race, colour, descent, and national or ethnic origin, to have access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafés, theatres and parks;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"cerd-c-64-misc-11-rev-3-0039","docId":"cerd-c-64-misc-11-rev-3","idx":39,"n":39,"text":"The present general recommendation replaces general recommendation XI (1993).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2004},{"id":"a-60-18-0001","docId":"a-60-18","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nRecalling the definition of racial discrimination set out in article 1 of the International\nRecalling the provisions of article 5 (a) of the Convention, under which States parties have\nan obligation to guarantee the right of everyone, without distinction as to race, colour, or national\nor ethnic origin, to equality before the law, notably in the enjoyment of the right to equal\ntreatment before the tribunals and all other organs administering justice,\nRecalling that article 6 of the Convention requires States parties to assure to everyone\nwithin their jurisdiction effective protection and remedies, through the competent national\ntribunals and other State institutions, against any acts of racial discrimination, as well as the right\nto seek from such tribunals just and adequate reparation or satisfaction for any damage suffered\nas a result of such discrimination,\nReferring to paragraph 25 of the declaration adopted by the World Conference\nagainst Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban,\nSouth Africa, in 2001, which expressed “profound repudiation of the racism, racial\ndiscrimination, xenophobia and related intolerance that persist in some States in the functioning\nof the penal system and in the application of the law, as well as in the actions and attitudes of\ninstitutions and individuals responsible for law enforcement, especially where this has\ncontributed to certain groups being overrepresented among persons under detention or\nimprisoned”,\nReferring to the work of the Commission on Human Rights and of the Sub-Commission on\nthe Promotion and Protection of Human Rights (see E/CN.4/Sub.2/2005/7) concerning\ndiscrimination in the criminal justice system,\nBearing in mind the reports of the Special Rapporteur on contemporary forms of racism,\nracial discrimination, xenophobia and related intolerance,\nReferring to the 1951 Convention relating to the Status of Refugees, in particular\narticle 16, which stipulates that “[a] refugee shall have free access to the courts of law on the\nterritory of all Contracting States”,\nBearing in mind the observations relating to the functioning of the system of justice made\nin the Committee’s conclusions concerning reports submitted by States parties and in general\nrecommendations XXVII (2000) on discrimination against Roma, XXIX (2002) on\ndiscrimination based on descent and XXX (2004) on discrimination against non-citizens,\nConvinced that, even though the system of justice may be regarded as impartial and not\naffected by racism, racial discrimination or xenophobia, when racial or ethnic discrimination\ndoes exist in the administration and functioning of the system of justice, it constitutes a\nparticularly serious violation of the rule of law, the principle of equality before the law, the\nprinciple of fair trial and the right to an independent and impartial tribunal, through its direct\neffect on persons belonging to groups which it is the very role of justice to protect,\nConsidering that no country is free from racial discrimination in the administration and\nfunctioning of the criminal justice system, regardless of the type of law applied or the judicial\nsystem in force, whether accusatorial, inquisitorial or mixed,\nConsidering that the risks of discrimination in the administration and functioning of the\ncriminal justice system have increased in recent years, partly as a result of the rise in\nimmigration and population movements, which have prompted prejudice and feelings of\nxenophobia or intolerance among certain sections of the population and certain law enforcement\nofficials, and partly as a result of the security policies and anti-terrorism measures adopted by\nmany States, which among other things have encouraged the emergence of anti-Arab or\nanti-Muslim feelings, or, as a reaction, anti-Semitic feelings, in a number of countries,\nDetermined to combat all forms of discrimination in the administration and functioning of\nthe criminal justice system which may be suffered, in all countries of the world, by persons\nbelonging to racial or ethnic groups, in particular non-citizens - including immigrants, refugees,\nasylum-seekers and stateless persons - Roma/Gypsies, indigenous peoples, displaced\npopulations, persons discriminated against because of their descent, as well as other vulnerable\ngroups which are particularly exposed to exclusion, marginalization and non-integration in\nsociety, paying particular attention to the situation of women and children belonging to the\naforementioned groups, who are susceptible to multiple discrimination because of their race and\nbecause of their sex or their age,\nFormulates the following recommendations addressed to States parties:\nI. GENERAL STEPS\nA. Steps to be taken in order to better gauge the existence and\nextent of racial discrimination in the administration and\nfunctioning of the criminal justice system; the search for\nindicators attesting to such discrimination","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"isPreamble":true,"preambleSource":"hri-vol-II","citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text says 'definition of racial discrimination set out in article 1 of the International [Convention]' - CERD art. 1 defines racial discrimination."},{"article":"5","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text says 'article 5 (a) of the Convention' on equality before the law; in a CERD document the Convention = CERD."},{"article":"6","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text says 'article 6 of the Convention requires States parties to assure...effective protection and remedies...against any acts of racial discrimination' - CERD art. 6."},{"article":"16","treaty":"CERD","confidence":"medium","source":"opus","rationale":"Text is truncated and shows no explicit art. 16 reference, but home_treaty is CERD and the surrounding context is CERD provisions; conservative default to CERD is reasonable."}]},{"id":"a-60-18-0002","docId":"a-60-18","idx":2,"n":1,"text":"States parties should pay the greatest attention to the following possible indicators of racial discrimination:\n(a) The number and percentage of persons belonging to the groups referred to in the last paragraph of the preamble who are victims of aggression or other offences, especially when they are committed by police officers or other State officials;\n(b) The absence or small number of complaints, prosecutions and convictions relating to acts of racial discrimination in the country. Such a statistic should not be viewed as necessarily positive, contrary to the belief of some States. It may also reveal either that victims have inadequate information concerning their rights, or that they fear social censure or reprisals, or that victims with limited resources fear the cost and complexity of the judicial process, or that there is a lack of trust in the police and judicial authorities, or that the authorities are insufficiently alert to or aware of offences involving racism;\n(c) Insufficient or no information on the behaviour of law enforcement personnel vis‑à‑vis persons belonging to the groups referred to in the last paragraph of the preamble;\n(d) The proportionately higher crime rates attributed to persons belonging to those groups, particularly as regards petty street crime and offences related to drugs and prostitution, as indicators of the exclusion or the non‑integration of such persons into society;\n(e) The number and percentage of persons belonging to those groups who are held in prison or preventive detention, including internment centres, penal establishments, psychiatric establishments or holding areas in airports;\n(f) The handing down by the courts of harsher or inappropriate sentences against persons belonging to those groups;\n(g) The insufficient representation of persons belonging to those groups among the ranks of the police, in the system of justice, including judges and jurors, and in other law enforcement departments.","labels":["Persons in street situations","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["I.  GENERAL STEPS","A. Steps to be taken in order to better gauge the existence and","1.  Factual indicators"]},{"id":"a-60-18-0003","docId":"a-60-18","idx":3,"n":2,"text":"In order for these factual indicators to be well known and used, States parties should embark on regular and public collection of information from police, judicial and prison authorities and immigration services, while respecting standards of confidentiality, anonymity and protection of personal data.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["I.  GENERAL STEPS","A. Steps to be taken in order to better gauge the existence and","1.  Factual indicators"]},{"id":"a-60-18-0004","docId":"a-60-18","idx":4,"n":3,"text":"In particular, States parties should have access to comprehensive statistical or other information on complaints, prosecutions and convictions relating to acts of racism and xenophobia, as well as on compensation awarded to the victims of such acts, whether such compensation is paid by the perpetrators of the offences or under State compensation plans financed from public funds.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["I.  GENERAL STEPS","A. Steps to be taken in order to better gauge the existence and","1.  Factual indicators"]},{"id":"a-60-18-0005","docId":"a-60-18","idx":5,"n":4,"text":"The following should be regarded as indicators of potential causes of racial discrimination:\n(a) Any gaps in domestic legislation on racial discrimination. In this regard, States parties should fully comply with the requirements of article 4 of the Convention and criminalize all acts of racism as provided by that article, in particular the dissemination of ideas based on racial superiority or hatred, incitement to racial hatred, violence or incitement to racial violence, but also racist propaganda activities and participation in racist organizations. States parties are also encouraged to incorporate a provision in their criminal legislation to the effect that committing offences for racial reasons generally constitutes an aggravating circumstance;\n(b) The potential indirect discriminatory effects of certain domestic legislation, particularly legislation on terrorism, immigration, nationality, banning or deportation of non‑citizens from a country, as well as legislation that has the effect of penalizing without legitimate grounds certain groups or membership of certain communities. States should seek to eliminate the discriminatory effects of such legislation and in any case to respect the principle of proportionality in its application to persons belonging to the groups referred to in the last paragraph of the preamble.","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["I.  GENERAL STEPS","A. Steps to be taken in order to better gauge the existence and","2.  Legislative indicators"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"a-60-18-0006","docId":"a-60-18","idx":6,"n":5,"text":"States parties should pursue national strategies the objectives of which include the following:\n(a) To eliminate laws that have an impact in terms of racial discrimination, particularly those which target certain groups indirectly by penalizing acts which can be committed only by persons belonging to such groups, or laws that apply only to non‑nationals without legitimate grounds or which do not respect the principle of proportionality;\n(b) To develop, through appropriate education programmes, training in respect for human rights, tolerance and friendship among racial or ethnic groups, as well as sensitization to intercultural relations, for law enforcement officials: police personnel, persons working in the system of justice, prison institutions, psychiatric establishments, social and medical services, etc.;\n(c) To foster dialogue and cooperation between the police and judicial authorities and the representatives of the various groups referred to in the last paragraph of the preamble, in order to combat prejudice and create a relationship of trust;\n(d) To promote proper representation of persons belonging to racial and ethnic groups in the police and the system of justice;\n(e) To ensure respect for, and recognition of the traditional systems of justice of indigenous peoples, in conformity with international human rights law;\n(f) To make the necessary changes to the prison regime for prisoners belonging to the groups referred to in the last paragraph of the preamble, so as to take into account their cultural and religious practices;\n(g) To institute, in situations of mass population movements, the interim measures and arrangements necessary for the operation of the justice system in order to take account of the particularly vulnerable situation of displaced persons, in particular by setting up decentralized courts at the places where the displaced persons are staying or by organizing mobile courts;\n(h) To set up, in post‑conflict situations, plans for the reconstruction of the legal system and the re‑establishment of the rule of law throughout the territory of the countries concerned, by availing themselves, in particular, of the international technical assistance provided by the relevant United Nations entities;\n(i) To implement national strategies or plans of action aimed at the elimination of structural racial discrimination. These long‑term strategies should include specific objectives and actions as well as indicators against which progress can be measured. They should include, in particular, guidelines for prevention, recording, investigation and prosecution of racist or xenophobic incidents, assessment of the level of satisfaction among all communities concerning their relations with the police and the system of justice, and recruitment and promotion in the judicial system of persons belonging to various racial or ethnic groups;\n(j) To entrust an independent national institution with the task of tracking, monitoring and measuring progress made under the national plans of action and guidelines against racial discrimination, identifying undetected manifestations of racial discrimination and submitting recommendations and proposals for improvement.","labels":["Indigenous peoples","Persons deprived of their liberty","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["I.  GENERAL STEPS","B. Strategies to be developed to prevent racial discrimination in the","administration and functioning of the criminal justice system"]},{"id":"a-60-18-0007","docId":"a-60-18","idx":7,"n":6,"text":"In accordance with article 6 of the Convention, States parties are obliged to guarantee the right of every person within their jurisdiction to an effective remedy against the perpetrators of acts of racial discrimination, without discrimination of any kind, whether such acts are committed by private individuals or State officials, as well as the right to seek just and adequate reparation for the damage suffered.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Access to the law and to justice"],"citedArticles":[{"treaty":"CERD","article":"6","source":"regex"}]},{"id":"a-60-18-0008","docId":"a-60-18","idx":8,"n":7,"text":"In order to facilitate access to justice for the victims of racism, States parties should strive to supply the requisite legal information to persons belonging to the most vulnerable social groups, who are often unaware of their rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Access to the law and to justice"]},{"id":"a-60-18-0009","docId":"a-60-18","idx":9,"n":8,"text":"In that regard, States parties should promote, in the areas where such persons live, institutions such as free legal help and advice centres, legal information centres and centres for conciliation and mediation.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Access to the law and to justice"]},{"id":"a-60-18-0010","docId":"a-60-18","idx":10,"n":9,"text":"States parties should also expand their cooperation with associations of lawyers, university institutions, legal advice centres and non‑governmental organizations specializing in protecting the rights of marginalized communities and in the prevention of discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Access to the law and to justice"]},{"id":"a-60-18-0011","docId":"a-60-18","idx":11,"n":10,"text":"States parties should take the necessary steps to ensure that the police services have an adequate and accessible presence in the neighbourhoods, regions, collective facilities, camps or centres where the persons belonging to the groups referred to in the last paragraph of the preamble reside, so that complaints from such persons can be expeditiously received.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B. Reporting of incidents to the authorities","competent for receiving complaints"]},{"id":"a-60-18-0012","docId":"a-60-18","idx":12,"n":11,"text":"The competent services should be instructed to receive the victims of acts of racism in police stations in a satisfactory manner, so that complaints are recorded immediately, investigations are pursued without delay and in an effective, independent and impartial manner, and files relating to racist or xenophobic incidents are retained and incorporated into databases.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B. Reporting of incidents to the authorities","competent for receiving complaints"]},{"id":"a-60-18-0013","docId":"a-60-18","idx":13,"n":12,"text":"Any refusal by a police official to accept a complaint involving an act of racism should lead to disciplinary or penal sanctions, and those sanctions should be increased if corruption is involved.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B. Reporting of incidents to the authorities","competent for receiving complaints"]},{"id":"a-60-18-0014","docId":"a-60-18","idx":14,"n":13,"text":"Conversely, it should be the right and duty of any police official or State employee to refuse to obey orders or instructions that require him or her to commit violations of human rights, particularly those based on racial discrimination. States parties should guarantee the freedom of any official to invoke this right without fear of punishment.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B. Reporting of incidents to the authorities","competent for receiving complaints"]},{"id":"a-60-18-0015","docId":"a-60-18","idx":15,"n":14,"text":"In cases of allegations of torture, ill‑treatment or executions, investigations should be conducted in accordance with the Principles on the Effective Prevention and Investigation of Extra‑legal, Arbitrary and Summary Executions[[fn:1]] and the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.[[fn:2]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"footnotes":[{"n":1,"text":"Recommended by the Economic and Social Council in its resolution 1989/65 of 24 May 1989."},{"n":2,"text":"Recommended by the General Assembly in its resolution 55/89 of 4 December 2000."}],"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B. Reporting of incidents to the authorities","competent for receiving complaints"]},{"id":"a-60-18-0016","docId":"a-60-18","idx":16,"n":15,"text":"States parties should remind public prosecutors and members of the prosecution service of the general importance of prosecuting racist acts, including minor offences committed with racist motives, since any racially motivated offence undermines social cohesion and society as a whole.","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  Initiation of judicial proceedings"]},{"id":"a-60-18-0017","docId":"a-60-18","idx":17,"n":16,"text":"In advance of the initiation of proceedings, States parties could also encourage, with a view to respecting the rights of the victims, the use of parajudicial procedures for conflict resolution, including customary procedures compatible with human rights, mediation or conciliation, which can serve as useful options for the victims of acts of racism and to which less stigma may be attached.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  Initiation of judicial proceedings"]},{"id":"a-60-18-0018","docId":"a-60-18","idx":18,"n":17,"text":"In order to make it easier for the victims of acts of racism to bring actions in the courts, the steps to be taken should include the following:\n(a) Offering procedural status for the victims of racism and xenophobia and associations for the protection of the rights of such victims, such as an opportunity to associate themselves with the criminal proceedings, or other similar procedures that might enable them to assert their rights in the criminal proceedings, at no cost to themselves;\n(b) Granting victims effective judicial cooperation and legal aid, including the assistance of counsel and an interpreter free of charge;\n(c) Ensuring that victims have information about the progress of the proceedings;\n(d) Guaranteeing protection for the victim or the victim’s family against any form of intimidation or reprisals;\n(e) Providing for the possibility of suspending the functions, for the duration of the investigation, of the agents of the State against whom the complaints were made.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  Initiation of judicial proceedings"]},{"id":"a-60-18-0019","docId":"a-60-18","idx":19,"n":18,"text":"In countries where there are assistance and compensation plans for victims, States parties should ensure that such plans are available to all victims without discrimination and regardless of their nationality or residential status.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  Initiation of judicial proceedings"]},{"id":"a-60-18-0020","docId":"a-60-18","idx":20,"n":19,"text":"States parties should ensure that the system of justice:\n(a) Grants a proper place to victims and their families, as well as witnesses, throughout the proceedings, by enabling complainants to be heard by the judges during the examination proceedings and the court hearing, to have access to information, to confront hostile witnesses, to challenge evidence and to be informed of the progress of proceedings;\n(b) Treats the victims of racial discrimination without discrimination or prejudice, while respecting their dignity, through ensuring in particular that hearings, questioning or confrontations are carried out with the necessary sensitivity as far as racism is concerned;\n(c) Guarantees the victim a court judgement within a reasonable period;\n(d) Guarantees victims just and adequate reparation for the material and moral harm suffered as a result of racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["II. STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","D.  Functioning of the system of justice"]},{"id":"a-60-18-0021","docId":"a-60-18","idx":21,"n":20,"text":"States parties should take the necessary steps to prevent questioning, arrests and searches which are in reality based solely on the physical appearance of a person, that person’s colour or features or membership of a racial or ethnic group, or any profiling which exposes him or her to greater suspicion.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"]},{"id":"a-60-18-0022","docId":"a-60-18","idx":22,"n":21,"text":"States parties should prevent and most severely punish violence, acts of torture, cruel, inhuman or degrading treatment and all violations of human rights affecting persons belonging to the groups referred to in the last paragraph of the preamble which are committed by State officials, particularly police and army personnel, customs authorities, and persons working in airports, penal institutions and social, medical and psychiatric services.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"]},{"id":"a-60-18-0023","docId":"a-60-18","idx":23,"n":22,"text":"States parties should ensure the observance of the general principle of proportionality and strict necessity in recourse to force against persons belonging to the groups referred to in the last paragraph of the preamble, in accordance with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.[[fn:3]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"footnotes":[{"n":3,"text":"Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August-7 September 1990."}],"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"]},{"id":"a-60-18-0024","docId":"a-60-18","idx":24,"n":23,"text":"States parties should also guarantee to all arrested persons, whatever the racial, national or ethnic group to which they belong, enjoyment of the fundamental rights of the defence enshrined in the relevant international human rights instruments (especially the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights), in particular the right not to be arbitrarily arrested or detained, the right to be informed of the reasons for their arrest, the right to the assistance of an interpreter, the right to the assistance of counsel, the right to be brought promptly before a judge or an authority empowered by the law to perform judicial functions, the right to consular protection guaranteed by article 36 of the Vienna Convention on Consular Relations and, in the case of refugees, the right to contact the Office of the United Nations High Commissioner for Refugees.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"],"citedArticles":[{"article":"36","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 36 of the Vienna Convention on Consular Relations' - not a UN human rights treaty in scope."}]},{"id":"a-60-18-0025","docId":"a-60-18","idx":25,"n":24,"text":"As regards persons placed in administrative holding centres or in holding areas in airports, States parties should ensure that they enjoy sufficiently decent living conditions.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"]},{"id":"a-60-18-0026","docId":"a-60-18","idx":26,"n":25,"text":"Lastly, as regards the questioning or arrest of persons belonging to the groups referred to in the last paragraph of the preamble, States parties should bear in mind the special precautions to be taken when dealing with women or minors, because of their particular vulnerability.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","A.  Questioning, interrogation and arrest"]},{"id":"a-60-18-0027","docId":"a-60-18","idx":27,"n":26,"text":"Bearing in mind statistics which show that persons held awaiting trial include an excessively high number of non‑nationals and persons belonging to the groups referred to in the last paragraph of the preamble, States parties should ensure:\n(a) That the mere fact of belonging to a racial or ethnic group or one of the aforementioned groups is not a sufficient reason, de jure or de facto, to place a person in pretrial detention. Such pretrial detention can be justified only on objective grounds stipulated in the law, such as the risk of flight, the risk that the person might destroy evidence or influence witnesses, or the risk of a serious disturbance of public order;\n(b) That the requirement to deposit a guarantee or financial security in order to obtain release pending trial is applied in a manner appropriate to the situation of persons belonging to such groups, who are often in straitened economic circumstances, so as to prevent this requirement from leading to discrimination against such persons;\n(c) That the guarantees often required of accused persons as a condition of their remaining at liberty pending trial (fixed address, declared employment, stable family ties) are weighed in the light of the insecure situation which may result from their membership of such groups, particularly in the case of women and minors;\n(d) That persons belonging to such groups who are held pending trial enjoy all the rights to which prisoners are entitled under the relevant international norms, and particularly the rights specially adapted to their circumstances: the right to respect for their traditions as regards religion, culture and food, the right to relations with their families, the right to the assistance of an interpreter and, where appropriate, the right to consular assistance.","labels":["Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","B.  Pretrial detention"]},{"id":"a-60-18-0028","docId":"a-60-18","idx":28,"n":27,"text":"Prior to the trial, States parties may, where appropriate, give preference to non‑judicial or parajudicial procedures for dealing with the offence, taking into account the cultural or customary background of the perpetrator, especially in the case of persons belonging to indigenous peoples.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement"]},{"id":"a-60-18-0029","docId":"a-60-18","idx":29,"n":28,"text":"In general, States parties must ensure that persons belonging to the groups referred to in the last paragraph of the preamble, like all other persons, enjoy all the guarantees of a fair trial and equality before the law, as enshrined in the relevant international human rights instruments, and specifically.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement"]},{"id":"a-60-18-0030","docId":"a-60-18","idx":30,"n":29,"text":"This right implies that the police authorities, the judicial authorities and other public authorities must be forbidden to express their opinions publicly concerning the guilt of the accused before the court reaches a decision, much less to cast suspicion in advance on the members of a specific racial or ethnic group. These authorities have an obligation to ensure that the mass media do not disseminate information which might stigmatize certain categories of persons, particularly those belonging to the groups referred to in the last paragraph of the preamble.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement","1.  The right to the presumption of innocence"]},{"id":"a-60-18-0031","docId":"a-60-18","idx":31,"n":30,"text":"Effectively guaranteeing these rights implies that States parties must set up a system under which counsel and interpreters will be assigned free of charge, together with legal help or advice and interpretation services for persons belonging to the groups referred to in the last paragraph of the preamble.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement","2.  The right to the assistance of counsel and the right to an interpreter"]},{"id":"a-60-18-0032","docId":"a-60-18","idx":32,"n":31,"text":"States parties should strive firmly to ensure a lack of any racial or xenophobic prejudice on the part of judges, jury members and other judicial personnel.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement","3.  The right to an independent and impartial tribunal"]},{"id":"a-60-18-0033","docId":"a-60-18","idx":33,"n":32,"text":"They should prevent all direct influence by pressure groups, ideologies, religions and churches on the functioning of the system of justice and on the decisions of judges, which may have a discriminatory effect on certain groups.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement","3.  The right to an independent and impartial tribunal"]},{"id":"a-60-18-0034","docId":"a-60-18","idx":34,"n":33,"text":"States parties may, in this regard, take into account the Bangalore Principles of Judicial Conduct adopted in 2002 (E/CN.4/2003/65, annex), which recommend in particular that:\n- Judges should be aware of the diversity of society and differences linked with background, in particular racial origins;\n- They should not, by words or conduct, manifest any bias towards persons or groups on the grounds of their racial or other origin;\n- They should carry out their duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and their colleagues, without unjustified differentiation; and\n- They should oppose the manifestation of prejudice by the persons under their direction and by lawyers or their adoption of discriminatory behaviour towards a person or group on the basis of their colour, racial, national, religious or sexual origin, or on other irrelevant grounds.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","C.  The trial and the court judgement","3.  The right to an independent and impartial tribunal"]},{"id":"a-60-18-0035","docId":"a-60-18","idx":35,"n":34,"text":"In this regard, States should ensure that the courts do not apply harsher punishments solely because of an accused person’s membership of a specific racial or ethnic group.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","D.  Guarantee of fair punishment"]},{"id":"a-60-18-0036","docId":"a-60-18","idx":36,"n":35,"text":"Special attention should be paid in this regard to the system of minimum punishments and obligatory detention applicable to certain offences and to capital punishment in countries which have not abolished it, bearing in mind reports that this punishment is imposed and carried out more frequently against persons belonging to specific racial or ethnic groups.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","D.  Guarantee of fair punishment"]},{"id":"a-60-18-0037","docId":"a-60-18","idx":37,"n":36,"text":"In the case of persons belonging to indigenous peoples, States parties should give preference to alternatives to imprisonment and to other forms of punishment that are better adapted to their legal system, bearing in mind in particular International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","D.  Guarantee of fair punishment"]},{"id":"a-60-18-0038","docId":"a-60-18","idx":38,"n":37,"text":"Punishments targeted exclusively at non‑nationals that are additional to punishments under ordinary law, such as deportation, expulsion or banning from the country concerned, should be imposed only in exceptional circumstances and in a proportionate manner, for serious reasons related to public order which are stipulated in the law, and should take into account the need to respect the private family life of those concerned and the international protection to which they are entitled.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","D.  Guarantee of fair punishment"]},{"id":"a-60-18-0039","docId":"a-60-18","idx":39,"n":38,"text":"When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:\n(a) Guarantee such persons the enjoyment of all the rights to which prisoners are entitled under the relevant international norms, in particular rights specially adapted to their situation: the right to respect for their religious and cultural practices, the right to respect for their customs as regards food, the right to relations with their families, the right to the assistance of an interpreter, the right to basic welfare benefits and, where appropriate, the right to consular assistance. The medical, psychological or social services offered to prisoners should take their cultural background into account;\n(b) Guarantee to all prisoners whose rights have been violated the right to an effective remedy before an independent and impartial authority;\n(c) Comply, in this regard, with the United Nations norms in this field, and particularly the Standard Minimum Rules for the Treatment of Prisoners,[[fn:4]] the Basic Principles for the Treatment of Prisoners[[fn:5]] and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;[[fn:6]]\n(d) Allow such persons to benefit, where appropriate, from the provisions of domestic legislation and international or bilateral conventions relating to the transfer of foreign prisoners, offering them an opportunity to serve the prison term in their countries of origin.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"footnotes":[{"n":4,"text":"Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Geneva, 22 August-3 September 1955, and approved by the Economic and Social Council in its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977."},{"n":5,"text":"Adopted and proclaimed by the General Assembly in its resolution 45/111 of 14 December 1990."},{"n":6,"text":"Adopted by the General Assembly in its resolution 43/173 of 9 December 1988."}],"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","E.  Execution of sentences"]},{"id":"a-60-18-0040","docId":"a-60-18","idx":40,"n":39,"text":"Further, the independent authorities in the States parties that are responsible for supervising prison institutions should include members who have expertise in the field of racial discrimination and sound knowledge of the problems of racial and ethnic groups and the other vulnerable groups referred to in the last paragraph of the preamble; when necessary, such supervisory authorities should have an effective visit and complaint mechanism.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","E.  Execution of sentences"]},{"id":"a-60-18-0041","docId":"a-60-18","idx":41,"n":40,"text":"When non‑nationals are sentenced to deportation, expulsion or banning from their territory, States parties should comply fully with the obligation of non‑refoulement arising out of the international norms concerning refugees and human rights, and ensure that such persons will not be sent back to a country or territory where they would run the risk of serious violations of their human rights.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","E.  Execution of sentences"]},{"id":"a-60-18-0042","docId":"a-60-18","idx":42,"n":41,"text":"Lastly, with regard to women and children belonging to the groups referred to in the last paragraph of the preamble, States parties should pay the greatest attention possible with a view to ensuring that such persons benefit from the special regime to which they are entitled in relation to the execution of sentences, bearing in mind the particular difficulties faced by mothers of families and women belonging to certain communities, particularly indigenous communities.","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2005,"section":["III.  STEPS TO BE TAKEN TO PREVENT RACIAL DISCRIMINATION","E.  Execution of sentences"]},{"id":"cerd-c-gc-32-0001","docId":"cerd-c-gc-32","idx":1,"n":1,"text":"1. At its seventy-first session, the Committee on the Elimination of Racial Discrimination (“the Committee”) decided to embark upon the task of drafting a new general recommendation on special measures, in light of the difficulties observed in the understanding of such notion. At its seventy-second session, the Committee decided to hold at its next session a thematic discussion on the subject of special measures within the meaning of articles 1, paragraph 4, and 2, paragraph 2 of the International Convention on the Elimination of Racial Discrimination (“the Convention”). The thematic discussion was held on 4 and 5 August 2008 with the participation of States parties to the Convention, representatives of the Committee on the Elimination of Discrimination against Women, the International Labour Organisation (ILO), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and non-governmental organizations. Following the discussion, the Committee renewed its determination to work on a general recommendation on special measures, with the objective of providing overall interpretative guidance on the meaning of the above articles in light of the provisions of the Convention as a whole.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["I. INTRODUCTION","A. Background"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0002","docId":"cerd-c-gc-32","idx":2,"n":2,"text":"2. The general recommendation is based on the Committee’s extensive repertoire of practice referring to special measures under the Convention. Committee practice includes the concluding observations on the reports of States parties to the Convention, communications under article 14, and earlier general recommendations, in particular general recommendation No. 8 (1990) on article 1, paragraphs 1 and 4, of the Convention,[[fn:1]] as well as general recommendation No. 27 (2000) on Discrimination against Roma and general recommendation No. 29 (2002) on article 1, paragraph 1, of the Convention (Descent), both of which make specific reference to special measures.[[fn:2]]","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":1,"text":"Official Records of the General Assembly, Forty-fifth Session, Supplement No. 18 (A/45/18), chap. VII."},{"n":2,"text":"Ibid., Fifty-fifth Session, Supplement No. 18 (A/55/18), annex V. sect. C.; and Fifty-seventh Session, Supplement No. 18 (A/57/18), chap. XI, sect. F."}],"section":["I. INTRODUCTION","B. Principal sources"],"citedArticles":[{"treaty":"CERD","article":"14","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0003","docId":"cerd-c-gc-32","idx":3,"n":3,"text":"3. In drafting the recommendation, the Committee has also taken account of work on special measures completed under the aegis of other United Nations human rights bodies, notably the report by the Special Rapporteur of the Sub-Commission on the Promotion and Protection of Human Rights[[fn:3]] and general recommendation No. 25 (2004) of the Committee on the Elimination of Discrimination against Women on temporary special measures.[[fn:4]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":3,"text":"“The Concept and Practice of Affirmative Action”, Final report submitted by Mr. Marc Bossuyt, Special Rapporteur, in accordance with Sub-Commission resolution 1998/5 (E/CN.4/Sub.2/2002/21)."},{"n":4,"text":"Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 38 (A/59/38), annex I."}],"section":["I. INTRODUCTION","B. Principal sources"]},{"id":"cerd-c-gc-32-0004","docId":"cerd-c-gc-32","idx":4,"n":4,"text":"4. The purpose of the general recommendation is to provide, in the light of the Committee’s experience, practical guidance on the meaning of special measures under the Convention in order to assist States parties in the discharge of their obligations under the Convention, including reporting obligations. Such guidance may be regarded as consolidating the wealth of Committee recommendations to States parties regarding special measures.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["I. INTRODUCTION","C. Purpose"]},{"id":"cerd-c-gc-32-0005","docId":"cerd-c-gc-32","idx":5,"n":5,"text":"The Convention, as the Committee has observed on many occasions, is a living instrument that must be interpreted and applied taking into account the circumstances of contemporary society. This approach makes it imperative to read its text in a context-sensitive manner. The context for the present recommendation includes, in addition to the full text of the Convention including its title, preamble and operative articles, the range of universal human rights standards on the principles of non-discrimination and special measures. Context-sensitive interpretation also includes taking into account the particular circumstances of States parties without prejudice to the universal quality of the norms of the Convention. The nature of the Convention and the broad scope of its provisions imply that, while the conscientious application of Convention principles will produce variations in outcome among States parties, such variations must be fully justifiable in the light of the principles of the Convention. 2 CERD/C/GC/32 page 3","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["I. INTRODUCTION","D. Methodology"]},{"id":"cerd-c-gc-32-0006","docId":"cerd-c-gc-32","idx":6,"n":6,"text":"6. The Convention is based on the principles of the dignity and equality of all human beings. The principle of equality underpinned by the Convention combines formal equality before the law with equal protection of the law, with substantive or de facto equality in the enjoyment and exercise of human rights as the aim to be achieved by the faithful implementation of its principles.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["II. EQUALITY AND NON-DISCRIMINATION AS THE BASIS OF SPECIAL MEASURES","A. Formal and de facto equality"]},{"id":"cerd-c-gc-32-0007","docId":"cerd-c-gc-32","idx":7,"n":7,"text":"7. The principle of enjoyment of human rights on an equal footing is integral to the Convention’s prohibition of discrimination on grounds of race, colour, descent, and national or ethnic origin. The “grounds” of discrimination are extended in practice by the notion of “intersectionality” whereby the Committee addresses situations of double or multiple discrimination - such as discrimination on grounds of gender or religion – when discrimination on such a ground appears to exist in combination with a ground or grounds listed in article 1 of the Convention. Discrimination under the Convention includes purposive or intentional discrimination and discrimination in effect. Discrimination is constituted not simply by an unjustifiable “distinction, exclusion or restriction” but also by an unjustifiable “preference”, making it especially important that States parties distinguish “special measures” from unjustifiable preferences.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["II. EQUALITY AND NON-DISCRIMINATION AS THE BASIS OF SPECIAL MEASURES","B. Direct and indirect discrimination"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0008","docId":"cerd-c-gc-32","idx":8,"n":8,"text":"8. On the core notion of discrimination, in its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee observed that differential treatment will “constitute discrimination if the criteria for such differentiation, judged in the light of the objectives and purposes of the Convention, are not applied pursuant to a legitimate aim, and are not proportional to the achievement of this aim”.[[fn:5]] As a logical corollary of this principle, in its general recommendation No. 14 (1993) on article 1, paragraph 1, of the Convention, the Committee observes that “differentiation of treatment will not constitute discrimination if the criteria for such differentiation, judged against the objectives and purposes of the Convention, are legitimate”.[[fn:6]] The term “non-discrimination” does not signify the necessity of uniform treatment when there are significant differences in situation between one person or group and another, or, in other words, if there is an objective and reasonable justification for differential treatment. To treat in an equal manner persons or groups whose situations are objectively different will constitute discrimination in effect, as will the unequal treatment of persons whose situations are objectively the same. The Committee has also observed that the application of the principle of non-discrimination requires that the characteristics of groups be taken into consideration.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":5,"text":"Ibid., Supplement No. 18 (A/59/18), chap. VII, para. 4."},{"n":6,"text":"Ibid., Forty-eighth Session, Supplement No. 18 (A/48/18), chapter VIII, sect. B."}],"section":["II. EQUALITY AND NON-DISCRIMINATION AS THE BASIS OF SPECIAL MEASURES","B. Direct and indirect discrimination"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0009","docId":"cerd-c-gc-32","idx":9,"n":9,"text":"9. The principle of non-discrimination, according to article 1, paragraph 1, of the Convention, protects the enjoyment on an equal footing of human rights and fundamental freedoms “in the political, economic, social, cultural or any other field of public life”. The list of human rights to which the principle applies under the Convention is not closed and extends to any field of human rights regulated by the public authorities in the State party. The reference to public life does not limit the scope of the non-discrimination principle to acts of the public administration but should be read in the light of the provisions in the Convention mandating measures by States parties to address racial discrimination “by any persons, group or organization”.[[fn:7]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":7,"text":"Article 2, paragraph 1 (d); see also article 2, paragraph 1 (b)."}],"section":["II. EQUALITY AND NON-DISCRIMINATION AS THE BASIS OF SPECIAL MEASURES","C. Scope of the principle of non-discrimination"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0010","docId":"cerd-c-gc-32","idx":10,"n":10,"text":"10. The concepts of equality and non-discrimination in the Convention, and the obligation on States parties to achieve the objectives of the Convention, are further elaborated and developed through the provisions in articles 1, paragraph 4, and 2, paragraph 2, regarding special measures.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["II. EQUALITY AND NON-DISCRIMINATION AS THE BASIS OF SPECIAL MEASURES","C. Scope of the principle of non-discrimination"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0011","docId":"cerd-c-gc-32","idx":11,"n":11,"text":"11. The concept of special measures is based on the principle that laws, policies and practices adopted and implemented in order to fulfil obligations under the Convention require supplementing, when circumstances warrant, by the adoption of temporary special measures designed to secure to disadvantaged groups the full and equal enjoyment of human rights and fundamental freedoms. Special measures are one component in the ensemble of provisions in the Convention dedicated to the objective of eliminating racial discrimination, the successful achievement of which will require the faithful implementation of all Convention provisions.","labels":["Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","A. Objective of special measures: Advancing effective equality"]},{"id":"cerd-c-gc-32-0012","docId":"cerd-c-gc-32","idx":12,"n":12,"text":"12. The terms “special measures” and “special and concrete measures” employed in the Convention may be regarded as functionally equivalent and have an autonomous meaning to be interpreted in the light of the Convention as a whole, which may differ from usage in particular States parties. The term “special measures” includes also measures that in some countries may be described as “affirmative measures”, “affirmative action” or “positive action” in cases where they correspond to the provisions of articles 1, paragraph 4, and 2, paragraph 2, of the Convention, as explained in the following paragraphs. In line with the Convention, the present recommendation employs the terms “special measures” or “special and concrete measures” and encourages States parties to employ terminology that clearly demonstrates the relationship of their laws and practice to these concepts in the Convention. The term “positive discrimination” is, in the context of international human rights standards, a contradictio in terminis and should be avoided.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","B. Autonomous meaning of special measures"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0013","docId":"cerd-c-gc-32","idx":13,"n":13,"text":"13. “Measures” include the full span of legislative, executive, administrative, budgetary and regulatory instruments, at every level in the State apparatus, as well as plans, policies, programmes and preferential regimes in areas such as employment, housing, education, culture and participation in public life for disfavoured groups, devised and implemented on the basis of such instruments. States parties should include, as required in order to fulfil their obligations under the Convention, provisions on special measures in their legal systems, whether through general legislation or legislation directed to specific sectors in the light of the range of human rights referred to in article 5 of the Convention, and through plans, programmes and other policy initiatives referred to above at national, regional and local levels.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","B. Autonomous meaning of special measures"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-32-0014","docId":"cerd-c-gc-32","idx":14,"n":14,"text":"14. The obligation to take special measures is distinct from the general positive obligation of States parties to the Convention to secure human rights and fundamental freedoms on a non-discriminatory basis to persons and groups subject to their jurisdiction; this is a general obligation flowing from the provisions of the Convention as a whole and integral to all parts of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","C. Special measures and other related notions"]},{"id":"cerd-c-gc-32-0015","docId":"cerd-c-gc-32","idx":15,"n":15,"text":"15. Special measures should not be confused with specific rights pertaining to certain categories of person or community, such as, for example the rights of persons belonging to minorities to enjoy their own culture, profess and practise their own religion and use their own language, the rights of indigenous peoples, including rights to lands traditionally occupied by them, and rights of women to non-identical treatment with men, such as the provision of maternity leave, on account of biological differences from men.[[fn:8]] Such rights are permanent rights, recognized as such in human rights instruments, including those adopted in the context of the United Nations and its specialized agencies. States parties should carefully observe distinctions between special measures and permanent human rights in their law and practice. The distinction between special measures and permanent rights implies that those entitled to permanent rights may also enjoy the benefits of special measures.[[fn:9]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":8,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation 25 (note 4 above), paragraph 16."},{"n":9,"text":"See for example paragraph 19 of general recommendation 25 of the Committee on the Elimination of Discrimination against Women (note 4 above), and paragraph 12 of the Recommendations of the Forum on Minority Issues on rights to education (A/HRC/10/11/Add.1)."}],"section":["III. THE CONCEPT OF SPECIAL MEASURES","C. Special measures and other related notions"]},{"id":"cerd-c-gc-32-0016","docId":"cerd-c-gc-32","idx":16,"n":16,"text":"16. Special measures should be appropriate to the situation to be remedied, be legitimate, necessary in a democratic society, respect the principles of fairness and proportionality, and be temporary. The measures should be designed and implemented on the basis of need, grounded in a realistic appraisal of the current situation of the individuals and communities concerned.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","D. Conditions for the adoption and implementation of special measures"]},{"id":"cerd-c-gc-32-0017","docId":"cerd-c-gc-32","idx":17,"n":17,"text":"17. Appraisals of the need for special measures should be carried out on the basis of accurate data, disaggregated by race, colour, descent and ethnic or national origin and incorporating a gender perspective, on the socio-economic and cultural[[fn:10]] status and conditions of the various groups in the population and their participation in the social and economic development of the country.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":10,"text":"Article 2, paragraph 2, includes the term “cultural” as well as “social” and “economic”."}],"section":["III. THE CONCEPT OF SPECIAL MEASURES","D. Conditions for the adoption and implementation of special measures"]},{"id":"cerd-c-gc-32-0018","docId":"cerd-c-gc-32","idx":18,"n":18,"text":"18. States parties should ensure that special measures are designed and implemented on the basis of prior consultation with affected communities and the active participation of such communities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["III. THE CONCEPT OF SPECIAL MEASURES","D. Conditions for the adoption and implementation of special measures"]},{"id":"cerd-c-gc-32-0019","docId":"cerd-c-gc-32","idx":19,"n":19,"text":"19. Article 1, paragraph 4, of the Convention stipulates that “special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved”.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0020","docId":"cerd-c-gc-32","idx":20,"n":20,"text":"20. By employing the phrase “shall not be deemed racial discrimination”, article 1, paragraph 4, of the Convention makes it clear that special measures taken by States parties under the terms of the Convention do not constitute discrimination, a clarification reinforced by the travaux préparatoires of the Convention which record the drafting change from “should not be deemed racial discrimination” to “shall not be deemed racial discrimination”. Accordingly, special measures are not an exception to the principle of non-discrimination but are integral to its meaning and essential to the Convention project of eliminating racial discrimination and advancing human dignity and effective equality.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0021","docId":"cerd-c-gc-32","idx":21,"n":21,"text":"21. In order to conform to the Convention, special measures do not amount to discrimination when taken for the “sole purpose” of ensuring equal enjoyment of human rights and fundamental freedoms. Such a motivation should be made apparent from the nature of the measures themselves, the arguments used by the authorities to justify the measures and the instruments designed to put the measures into effect. The reference to “sole purpose” limits the scope of acceptable motivations for special measures within the terms of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"]},{"id":"cerd-c-gc-32-0022","docId":"cerd-c-gc-32","idx":22,"n":22,"text":"22. The notion of “adequate advancement” in article 1, paragraph 4, implies goal-directed programmes which have the objective of alleviating and remedying disparities in the enjoyment of human rights and fundamental freedoms affecting particular groups and individuals, protecting them from discrimination. Such disparities include but are not confined to persistent or structural disparities and de facto inequalities resulting from the circumstances of history that continue to deny to vulnerable groups and individuals the advantages essential for the full development of the human personality. It is not necessary to prove “historic” discrimination in order to validate a programme of special measures; the emphasis should be placed on correcting present disparities and on preventing further imbalances from arising.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0023","docId":"cerd-c-gc-32","idx":23,"n":23,"text":"23. The term “protection” in the same paragraph signifies protection from violations of human rights emanating from any source, including discriminatory activities of private persons, in order to ensure the equal enjoyment of human rights and fundamental freedoms. The term “protection” also indicates that special measures may have preventive (of human rights violations) as well as corrective functions.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"]},{"id":"cerd-c-gc-32-0024","docId":"cerd-c-gc-32","idx":24,"n":24,"text":"24. Although the Convention designates “racial or ethnic groups or individuals requiring … protection” (article 1, paragraph 4), and “racial groups or individuals belonging to them” (article 2, paragraph 2), as the beneficiaries of special measures, the measures shall in principle be available to any group or person covered by article 1 of the Convention, as clearly indicated by the travaux préparatoires of the Convention, as well as by the practice of States parties and the relevant concluding observations of the Committee.[[fn:11]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":11,"text":"See also paragraph 7 above."}],"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0025","docId":"cerd-c-gc-32","idx":25,"n":25,"text":"25. Article 1, paragraph 4, is expressed more broadly than article 2, paragraph 2, in that it refers to individuals “requiring … protection” without reference to ethnic group membership. The span of potential beneficiaries or addressees of special measures should however be understood in the light of the overall objective of the Convention as dedicated to the elimination of all forms of racial discrimination, with special measures as an essential tool, where appropriate, for the achievement of this objective.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-32-0026","docId":"cerd-c-gc-32","idx":26,"n":26,"text":"26. Article 1, paragraph 4, provides for limitations on the employment of special measures by States parties. The first limitation is that the measures “should not lead to the maintenance of separate rights for different racial groups”. This provision is narrowly drawn to refer to “racial groups” and calls to mind the practice of Apartheid referred to in article 3 of the Convention, which was imposed by the authorities of the State, and to practices of segregation referred to in that article and in the preamble to the Convention. The notion of inadmissible “separate rights” must be distinguished from rights accepted and recognized by the international community to secure the existence and identity of groups such as minorities, indigenous peoples and other categories of person whose rights are similarly accepted and recognized within the framework of universal human rights.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"3","source":"regex"}]},{"id":"cerd-c-gc-32-0027","docId":"cerd-c-gc-32","idx":27,"n":27,"text":"27. The second limitation on special measures is that “they shall not be continued after the objectives for which they have been taken have been achieved”. This limitation on the operation of special measures is essentially functional and goal-related: the measures should cease to be applied when the objectives for which they were employed – the equality goals – have been sustainably achieved.[[fn:12]] The length of time permitted for the duration of the measures will vary in the light of their objectives, the means utilized to achieve them, and the results of their application. Special measures should, therefore, be carefully tailored to meet the particular needs of the groups or individuals concerned.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":12,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on Non-Discrimination in Economic, Social and Cultural Rights, paragraph 9."}],"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","A. Article 1, paragraph 4"]},{"id":"cerd-c-gc-32-0028","docId":"cerd-c-gc-32","idx":28,"n":28,"text":"28. Article 2, paragraph 2, of the Convention stipulates that “States parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved”.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-32-0029","docId":"cerd-c-gc-32","idx":29,"n":29,"text":"29. Article 1, paragraph 4, of the Convention is essentially a clarification of the meaning of discrimination when applied to special measures. Article 2, paragraph 2, carries forward the special measures concept into the realm of obligations of States parties, along with the text of article 2 as a whole. Nuances of difference in the use of terms in the two paragraphs do not disturb their essential unity of concept and purpose.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-32-0030","docId":"cerd-c-gc-32","idx":30,"n":30,"text":"30. The use in the paragraph of the verb “shall” in relation to taking special measures clearly indicates the mandatory nature of the obligation to take such measures. The mandatory nature of the obligation is not weakened by the addition of the phrase “when the circumstances so warrant”, a phrase that should be read as providing context for the application of the measures. The phrase has, in principle, an objective meaning in relation to the disparate enjoyment of human rights by persons and groups in the State party and the ensuing need to correct such imbalances.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"]},{"id":"cerd-c-gc-32-0031","docId":"cerd-c-gc-32","idx":31,"n":31,"text":"31. The internal structure of States parties, whether unitary, federal or decentralized, does not affect their responsibility under the Convention, when resorting to special measures, to secure their application throughout the territory of the State. In federal or decentralized States, the federal authorities shall be internationally responsible for designing a framework for the consistent application of special measures in all parts of the State where such measures are necessary.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"]},{"id":"cerd-c-gc-32-0032","docId":"cerd-c-gc-32","idx":32,"n":32,"text":"32. Whereas article 1, paragraph 4, of the Convention uses the term “special measures”, article 2, paragraph 2, refers to “special and concrete measures”. The travaux préparatoires of the Convention do not highlight any distinction between the terms and the Committee has generally employed both terms as synonymous.[[fn:13]] Bearing in mind the context of article 2 as a broad statement of obligations under the Convention, the terminology employed in article 2, paragraph 2, is appropriate to its context in focusing on the obligation of States parties to adopt measures tailored to fit the situations to be remedied and capable of achieving their objectives.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"footnotes":[{"n":13,"text":"The United Nations Declaration on the Elimination of All Forms of Racial Discrimination referred, in article 2, paragraph 3, to ‘special and concrete measures’ (General Assembly resolution 1904 (XVIII)). See also paragraph 12 above."}],"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-32-0033","docId":"cerd-c-gc-32","idx":33,"n":33,"text":"33. The reference in article 2, paragraph 2, regarding the objective of special measures to ensure “adequate development and protection” of groups and individuals may be compared with the use of the term “advancement” in article 1, paragraph 4. The terms of the Convention signify that special measures should clearly benefit groups and individuals in their enjoyment of human rights. The naming of fields of action in the paragraph – “social, economic, cultural and other fields” – does not describe a closed list. In principle, special measures can reach into all fields of human rights deprivation, including deprivation of the enjoyment of any human rights expressly or impliedly protected by article 5 of the Convention. In all cases, it is clear that the reference to limitations of “development” relates only to the situation or condition in which groups or individuals find themselves and is not a reflection on any individual or group characteristic.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-32-0034","docId":"cerd-c-gc-32","idx":34,"n":34,"text":"34. Beneficiaries of special measures under article 2, paragraph 2, may be groups or individuals belonging to such groups. The advancement and protection of communities through special measures is a legitimate objective to be pursued in tandem with respect for the rights and interests of individuals. The identification of an individual as belonging to a group should be based on self-identification by the individual concerned, unless a justification exists to the contrary.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-32-0035","docId":"cerd-c-gc-32","idx":35,"n":35,"text":"35. Provisions on the limitations of special measures in article 2, paragraph 2, are in essence the same, mutatis mutandis, as those expressed in article 1, paragraph 4. The requirement to limit the period for which the measures are taken implies the need, as in the design and initiation of the measures, for a continuing, system of monitoring their application and results using, as appropriate, quantitative and qualitative methods of appraisal. States parties should also carefully determine whether negative human rights consequences would arise for beneficiary communities consequent upon an abrupt withdrawal of special measures, especially if such have been established for a lengthy period of time.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["IV. CONVENTION PROVISIONS ON SPECIAL MEASURES","B. Article 2, paragraph 2"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-32-0036","docId":"cerd-c-gc-32","idx":36,"n":36,"text":"36. The present guidance on the content of reports confirms and amplifies the guidance provided to States parties in the Harmonized guidelines on reporting under the international human rights treaties, including guidelines on a common core document and treaty-specific documents (HRI/MC/2006/3) and the Guidelines for the CERD-specific document to be submitted by States parties under article 9, paragraph 1, of the Convention (CERD/C/2007/1).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["V. RECOMMENDATIONS FOR THE PREPARATION OF REPORTS BY STATES PARTIES"],"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"cerd-c-gc-32-0037","docId":"cerd-c-gc-32","idx":37,"n":37,"text":"37. Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["V. RECOMMENDATIONS FOR THE PREPARATION OF REPORTS BY STATES PARTIES"]},{"id":"cerd-c-gc-32-0038","docId":"cerd-c-gc-32","idx":38,"n":38,"text":"38. In cases where a reservation affecting Convention provisions on special measures is maintained, States parties are invited to provide information as to why such a reservation is considered necessary, the nature and scope of the reservation, its precise effects in terms of national law and policy, and any plans to limit or withdraw the reservation within a specified time frame. In cases where States parties have adopted special measures despite the reservation, they are invited to provide information on such measures in line with the recommendations in paragraph 37 above.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"section":["V. RECOMMENDATIONS FOR THE PREPARATION OF REPORTS BY STATES PARTIES"]},{"id":"cerd-c-gc-33-0001","docId":"cerd-c-gc-33","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"isPreamble":true,"preambleSource":"ohchr-docx"},{"id":"cerd-c-gc-33-0002","docId":"cerd-c-gc-33","idx":2,"n":1,"text":"Recommends that the States parties to the International Convention on the Elimination of Racial Discrimination: (a) If they have not yet done so, consider making the declaration under article 14 of the Convention, in order to enable individuals to resort to the envisaged remedy if they consider themselves to be victims of violations of the rights enshrined in the Convention; CERD/C/GC/33 page 3 (b) If they have made the optional declaration under article 14, increase awareness of this procedure so that its potential can be fully realized; (c) If they have not yet done so, ratify the amendment to article 8 of the Convention on the financing of the Committee; (d) Consider withdrawing their reservations to the Convention, if any, taking into account the evolution in the field of human rights since its adoption; (e) Comply with their reporting obligations under the Convention through timely submission of their periodic reports and other information requested by the Committee, in conformity with the relevant guidelines; (f) Be mindful that their response to the current financial and economic crisis should not lead to a situation which would increase poverty and underdevelopment and, potentially, a rise in racism, racial discrimination, xenophobia and related intolerance against foreigners, immigrants, indigenous peoples, persons belonging to minorities and other particularly vulnerable groups all over the world; (g) Engage with national human rights institutions and civil society, in a spirit of cooperation and respect, while preparing their periodic reports and with regard to follow-up; (h) Cooperate with the Committee in the early-warning and urgent-action procedure and in its follow-up procedure; (i) Include in their periodic reports information on action plans or other measures to implement the Durban Declaration and Programme of Action, taking into account the Outcome Document of the Review Conference; (j) When fulfilling their primary responsibility to implement the substantive provisions contained in articles 2 to 7 of the Convention, take into account the relevant parts of the Durban Declaration and Programme of Action and the Outcome Document of the Review Conference; (k) Consider establishing or strengthening national monitoring and evaluation mechanisms to ensure that all appropriate steps are taken to follow up on the concluding observations and general recommendations of the Committee;","labels":["Indigenous peoples","Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009,"citedArticles":[{"treaty":"CERD","article":"14","source":"regex"},{"treaty":"CERD","article":"14","source":"regex"},{"treaty":"CERD","article":"8","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-33-0003","docId":"cerd-c-gc-33","idx":3,"n":2,"text":"Also recommends that: (a) States which have not yet acceded to the International Convention on the Elimination of All Forms of Racial Discrimination sign and ratify the Convention as soon as possible, with a view to achieving its universal ratification; CERD/C/GC/33 page 4 (b) States include in their national reports to the universal periodic review mechanism of the Human Rights Council information on the measures they have taken to prevent and combat racism, racial discrimination, xenophobia and related intolerance; (c) All international sporting bodies promote, through their national, regional and international federations, a world of sports free from racism, racial discrimination, xenophobia and related intolerance; (d) The Office of the United Nations High Commissioner for Human Rights, through appropriate activities and programmes, further increase awareness of the struggle against racism, racial discrimination, xenophobia and related intolerance, including with regard to the work of treaty bodies and other human rights mechanisms in this area; (e) The Office of the High Commissioner for Human Rights continue its efforts to increase awareness of and support for the work of the Committee on the Elimination of Racial Discrimination, including through webcasting of the meetings of the Committee, and to provide the Committee with adequate resources to enable it to discharge its mandate fully, as part of the overall endeavour to strengthen the work of the treaty bodies; (f) The relevant United Nations bodies and specialized agencies provide technical cooperation and assistance to States in order to enhance the effective implementation of the Convention, taking into account the Durban Declaration and Programme of Action and the outcome document of the Review Conference;","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009},{"id":"cerd-c-gc-33-0004","docId":"cerd-c-gc-33","idx":4,"n":3,"text":"Expresses its willingness: (a) To continue to cooperate fully with all relevant organs, agencies and entities of the United Nations system, in particular the Office of the High Commissioner for Human Rights, in following up the Durban Declaration and Programme of Action, taking into account the results of the Durban Review Conference; (b) To continue to cooperate with all mechanisms established under the Human Rights Council, in order to promote the implementation of the recommendations of the Durban Declaration and Programme of Action and all other activities to combat racism, racial discrimination, xenophobia and related intolerance; (c) To continue its cooperation and joint activities with other human rights treaty bodies, with a view to achieving a more effective follow up to the Durban Declaration and Programme of Action, taking into consideration the Outcome Document of the Review Conference; (d) To fully take into account in its activity the recommendations and conclusions retained in the Outcome Document of the Review Conference. - - - - -CERD/C/GC/33 page 5","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2009},{"id":"cerd-c-gc-34-0001","docId":"cerd-c-gc-34","idx":1,"n":1,"text":"For the purposes of this general recommendation, people of African descent are those referred to as such by the Durban Declaration and Programme of Action and who identify themselves as people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["I. Description"]},{"id":"cerd-c-gc-34-0002","docId":"cerd-c-gc-34","idx":2,"n":2,"text":"The Committee is aware that millions of people of African descent are living in societies in which racial discrimination places them in the lowest positions in social hierarchies.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["I. Description"]},{"id":"cerd-c-gc-34-0003","docId":"cerd-c-gc-34","idx":3,"n":3,"text":"People of African descent shall enjoy all human rights and fundamental freedoms in accordance with international standards, in conditions of equality and without any discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"]},{"id":"cerd-c-gc-34-0004","docId":"cerd-c-gc-34","idx":4,"n":4,"text":"People of African descent live in many countries of the world, either dispersed among the local population or in communities, where they are entitled to exercise, without discrimination, individually or in community with other members of their group, as appropriate, the following specific rights: (a)The right to property and to the use, conservation and protection of lands traditionally occupied by them and to natural resources in cases where their ways of life and culture are linked to their utilization of lands and resources; (b)The right to their cultural identity, to keep, maintain and foster their mode of life and forms of organization, culture, languages and religious expressions; (c)The right to the protection of their traditional knowledge and their cultural and artistic heritage; (d)The right to prior consultation with respect to decisions which may affect their rights, in accordance with international standards.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"]},{"id":"cerd-c-gc-34-0005","docId":"cerd-c-gc-34","idx":5,"n":5,"text":"The Committee understands that racism and racial discrimination against people of African descent are expressed in many forms, notably structural and cultural.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"]},{"id":"cerd-c-gc-34-0006","docId":"cerd-c-gc-34","idx":6,"n":6,"text":"Racism and structural discrimination against people of African descent, rooted in the infamous regime of slavery, are evident in the situations of inequality affecting them and reflected, inter alia, in the following domains: their grouping, together with indigenous peoples, among the poorest of the poor; their low rate of participation and representation in political and institutional decision-making processes; additional difficulties they face in access to and completion and quality of education, which results in the transmission of poverty from generation to generation; inequality in access to the labour market; limited social recognition and valuation of their ethnic and cultural diversity; and a disproportionate presence in prison populations.","labels":["Indigenous peoples","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"]},{"id":"cerd-c-gc-34-0007","docId":"cerd-c-gc-34","idx":7,"n":7,"text":"The Committee observes that overcoming the structural discrimination that affects people of African descent calls for the urgent adoption of special measures (affirmative action), as established in the International Convention on the Elimination of All Forms of Racial Discrimination (arts. 1, para. 4, and 2, para. 2). The need for special measures has been the subject of reiterated observations and recommendations made to the State parties under the Convention, summarized in general recommendation No. 32 (2009) on the meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"],"citedArticles":[{"treaty":"CERD","article":"1","paragraph":"4","source":"grammar"},{"treaty":"CERD","article":"2","paragraph":"2","source":"grammar"}]},{"id":"cerd-c-gc-34-0008","docId":"cerd-c-gc-34","idx":8,"n":8,"text":"8. For the exercise of the rights of people of African descent, the Committee recommends that States parties adopt the following measures:","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["II. Rights"]},{"id":"cerd-c-gc-34-0009","docId":"cerd-c-gc-34","idx":9,"n":9,"text":"Take steps to identify communities of people of African descent living in their territories, especially through the collection of disaggregated data on the population, bearing in mind the Committee’s general recommendations, particularly general recommendations Nos. 4 (1973) on demographic composition of the population (art. 9); 8 (1990) on identification with a particular racial or ethnic group (art. 1, paras. 1 and 4), and 24 (1999) on reporting of persons belonging to different races, national/ethnic groups, or indigenous peoples (art. 1).","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"],"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-34-0010","docId":"cerd-c-gc-34","idx":10,"n":10,"text":"Review and enact or amend legislation, as appropriate, in order to eliminate, in line with the Convention, all forms of racial discrimination against people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0011","docId":"cerd-c-gc-34","idx":11,"n":11,"text":"Review, adopt and implement national strategies and programmes with a view to improving the situation of people of African descent and protecting them against discrimination by State agencies and public officials, as well as by any persons, group or organization.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0012","docId":"cerd-c-gc-34","idx":12,"n":12,"text":"Fully implement legislation and other measures already in place to ensure that people of African descent are not discriminated against.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0013","docId":"cerd-c-gc-34","idx":13,"n":13,"text":"Encourage and develop appropriate modalities of communication and dialogue between communities of people of African descent and/or their representatives and the relevant authorities in the State.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0014","docId":"cerd-c-gc-34","idx":14,"n":14,"text":"Take the necessary measures, in cooperation with civil society and members of affected communities, to educate the population as a whole in a spirit of non-discrimination, respect for others and tolerance, especially concerning people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0015","docId":"cerd-c-gc-34","idx":15,"n":15,"text":"Strengthen existing institutions or create specialized institutions to promote respect for the equal human rights of people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0016","docId":"cerd-c-gc-34","idx":16,"n":16,"text":"Conduct periodic surveys, in line with paragraph 1 above, on the reality of discrimination against people of African descent and provide disaggregated data in their reports to the Committee on, inter alia, the geographical distribution and the economic and social conditions of people of African descent, including a gender perspective.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0017","docId":"cerd-c-gc-34","idx":17,"n":17,"text":"Effectively acknowledge in their policies and actions the negative effects of the wrongs occasioned on people of African descent in the past, chief among which are colonialism and the transatlantic slave trade, the effects of which continue to disadvantage people of African descent today.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["III. Measures of a general nature"]},{"id":"cerd-c-gc-34-0018","docId":"cerd-c-gc-34","idx":18,"n":18,"text":"Adopt and implement special measures meant to eliminate all forms of racial discrimination against people of African descent, taking into account the Committee’s general recommendation No. 32 (2009).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IV. The place and role of special measures"]},{"id":"cerd-c-gc-34-0019","docId":"cerd-c-gc-34","idx":19,"n":19,"text":"Formulate and put in place comprehensive national strategies with the participation of people of African descent, including special measures in accordance with articles 1 and 2 of the Convention, in order to eliminate discrimination against people of African descent and ensure their full enjoyment of all human rights and fundamental freedoms.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IV. The place and role of special measures"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"cerd-c-gc-34-0020","docId":"cerd-c-gc-34","idx":20,"n":20,"text":"Educate and raise the awareness of the public on the importance of special measures (affirmative action programmes) to address the situation of victims of racial discrimination, especially discrimination as a result of historical factors.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IV. The place and role of special measures"]},{"id":"cerd-c-gc-34-0021","docId":"cerd-c-gc-34","idx":21,"n":21,"text":"Develop and implement special measures aimed at promoting the employment of people of African descent in both the public and private sectors.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IV. The place and role of special measures"]},{"id":"cerd-c-gc-34-0022","docId":"cerd-c-gc-34","idx":22,"n":22,"text":"Recognizing that some forms of racial discrimination have a unique and specific impact on women, design and implement measures aimed at eliminating racial discrimination, paying due regard to the Committee’s general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["V. Gender-related dimensions of racial discrimination"]},{"id":"cerd-c-gc-34-0023","docId":"cerd-c-gc-34","idx":23,"n":23,"text":"Take into account, in all programmes and projects planned and implemented and all measures adopted, the situation of women of African descent, who are often victims of multiple discrimination.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["V. Gender-related dimensions of racial discrimination"]},{"id":"cerd-c-gc-34-0024","docId":"cerd-c-gc-34","idx":24,"n":24,"text":"Include in all reports to the Committee information on the measures taken to implement the Convention that specifically address racial discrimination against women of African descent.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["V. Gender-related dimensions of racial discrimination"]},{"id":"cerd-c-gc-34-0025","docId":"cerd-c-gc-34","idx":25,"n":25,"text":"Recognizing the particular vulnerability of children of African descent, which may lead to the transmission of poverty from generation to generation, and the inequality affecting people of African descent, adopt special measures to ensure equality in the exercise of their rights, in particular corresponding to the areas that most affect the lives of children.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VI. Racial discrimination against children"]},{"id":"cerd-c-gc-34-0026","docId":"cerd-c-gc-34","idx":26,"n":26,"text":"Undertake initiatives specifically aimed at protecting the special rights of the girl child and the rights of boys in vulnerable situations.","labels":["Women/girls","Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VI. Racial discrimination against children"]},{"id":"cerd-c-gc-34-0027","docId":"cerd-c-gc-34","idx":27,"n":27,"text":"Take measures to prevent any dissemination of ideas of racial superiority and inferiority or ideas which attempt to justify violence, hatred or discrimination against people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0028","docId":"cerd-c-gc-34","idx":28,"n":28,"text":"Also ensure the protection of the security and integrity of people of African descent without any discrimination by adopting measures for preventing racially motivated acts of violence against them; ensure prompt action by the police, prosecutors and the judiciary for investigating and punishing such acts; and ensure that perpetrators, be they public officials or other persons, do not enjoy impunity.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0029","docId":"cerd-c-gc-34","idx":29,"n":29,"text":"Take strict measures against any incitement to discrimination or violence against people of African descent including through the Internet and related facilities of similar nature.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0030","docId":"cerd-c-gc-34","idx":30,"n":30,"text":"Take measures to raise awareness among media professionals of the nature and incidence of discrimination against people of African descent, including the media’s responsibility not to perpetuate prejudices.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0031","docId":"cerd-c-gc-34","idx":31,"n":31,"text":"Take resolute action to counter any tendency to target, stigmatize, stereotype or profile people of African descent on the basis of race, by law enforcement officials, politicians and educators.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0032","docId":"cerd-c-gc-34","idx":32,"n":32,"text":"Develop educational and media campaigns to educate the public about people of African descent, their history and their culture, and the importance of building an inclusive society, while respecting the human rights and identity of all people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0033","docId":"cerd-c-gc-34","idx":33,"n":33,"text":"Encourage the development and implementation of methods of self-monitoring by the media through codes of conduct for media organizations in order to eliminate the use of racially discriminatory or biased language.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VII. Protection against hate speech and racial violence"]},{"id":"cerd-c-gc-34-0034","docId":"cerd-c-gc-34","idx":34,"n":34,"text":"In assessing the impact of a country’s system of administration of justice, take into consideration its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, and pay particular attention to the measures below where they pertain to people of African descent.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0035","docId":"cerd-c-gc-34","idx":35,"n":35,"text":"Take all the necessary steps to secure equal access to the justice system for all people of African descent including by providing legal aid, facilitating individual or group claims, and encouraging non-governmental organizations to defend their rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0036","docId":"cerd-c-gc-34","idx":36,"n":36,"text":"Introduce into criminal law the provision that committing an offence with racist motivation or aim constitutes an aggravating circumstance allowing for a more severe punishment.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0037","docId":"cerd-c-gc-34","idx":37,"n":37,"text":"Ensure the prosecution of all persons who commit racially motivated crimes against people of African descent and guarantee the provision of adequate compensation for victims of such crimes.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0038","docId":"cerd-c-gc-34","idx":38,"n":38,"text":"Also ensure that measures taken in the fight against crimes, including terrorism, do not discriminate in purpose or effect on the grounds of race and colour.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0039","docId":"cerd-c-gc-34","idx":39,"n":39,"text":"Take measures to prevent the use of illegal force, torture, inhuman or degrading treatment or discrimination by the police or other law enforcement agencies and officials against people of African descent, especially in connection with arrest and detention, and ensure that people of African descent are not victims of practices of racial or ethnic profiling.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0040","docId":"cerd-c-gc-34","idx":40,"n":40,"text":"Encourage the recruitment of people of African descent into the police and as other law enforcement officials.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0041","docId":"cerd-c-gc-34","idx":41,"n":41,"text":"Organize training programmes for public officials and law enforcement agencies with a view to preventing injustices based on prejudice against people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["VIII. Administration of justice"]},{"id":"cerd-c-gc-34-0042","docId":"cerd-c-gc-34","idx":42,"n":42,"text":"Ensure that authorities at all levels in the State respect the right of members of communities of people of African descent to participate in decisions that affect them.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IX. Civil and political rights"]},{"id":"cerd-c-gc-34-0043","docId":"cerd-c-gc-34","idx":43,"n":43,"text":"Take special and concrete measures to guarantee people of African descent the right to participate in elections, to vote and stand for election on the basis of equal and universal suffrage and to have due representation in all branches of government.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IX. Civil and political rights"]},{"id":"cerd-c-gc-34-0044","docId":"cerd-c-gc-34","idx":44,"n":44,"text":"Promote awareness among members of the communities of people of African descent of the importance of their active participation in public and political life and eliminate obstacles to such participation.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IX. Civil and political rights"]},{"id":"cerd-c-gc-34-0045","docId":"cerd-c-gc-34","idx":45,"n":45,"text":"Take all necessary steps, including special measures, to secure equal opportunities for participation of people of African descent in all central and local government bodies.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IX. Civil and political rights"]},{"id":"cerd-c-gc-34-0046","docId":"cerd-c-gc-34","idx":46,"n":46,"text":"Organize training programmes to improve the political policymaking and public administration skills of public officials and political representatives who belong to communities of people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["IX. Civil and political rights"]},{"id":"cerd-c-gc-34-0047","docId":"cerd-c-gc-34","idx":47,"n":47,"text":"Ensure that legislation regarding citizenship and naturalization does not discriminate against people of African descent and pay sufficient attention to possible barriers to naturalization that may exist for long-term or permanent residents of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["X. Access to citizenship"]},{"id":"cerd-c-gc-34-0048","docId":"cerd-c-gc-34","idx":48,"n":48,"text":"Recognize that deprivation of citizenship on the basis of race or descent is a breach of States parties’ obligation to ensure non-discriminatory enjoyment of the right to nationality.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["X. Access to citizenship"]},{"id":"cerd-c-gc-34-0049","docId":"cerd-c-gc-34","idx":49,"n":49,"text":"Take into consideration that, in some cases, denial of citizenship for long-term or permanent residents could result in the creation of disadvantage for the people affected in terms of access to employment and social benefits, in violation of the Convention’s anti-discrimination principles.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["X. Access to citizenship"]},{"id":"cerd-c-gc-34-0050","docId":"cerd-c-gc-34","idx":50,"n":50,"text":"Take steps to remove all obstacles that prevent the enjoyment of economic, social and cultural rights by people of African descent especially in the areas of education, housing, employment and health.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0051","docId":"cerd-c-gc-34","idx":51,"n":51,"text":"Take measures to eradicate poverty among communities of people of African descent within particular States parties’ territories and combat the social exclusion or marginalization often experienced by people of African descent.","labels":["Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0052","docId":"cerd-c-gc-34","idx":52,"n":52,"text":"Design, adopt and implement plans and programmes of economic and social development on an equal and non-discriminatory basis.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0053","docId":"cerd-c-gc-34","idx":53,"n":53,"text":"Take measures to eliminate discrimination against people of African descent in relation to working conditions and work requirements including employment rules and practices that may have discriminatory purposes or effects.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0054","docId":"cerd-c-gc-34","idx":54,"n":54,"text":"Work with intergovernmental organizations, including international financial institutions, to ensure that development or assistance projects which they support take into account the economic and social situation of people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0055","docId":"cerd-c-gc-34","idx":55,"n":55,"text":"Ensure equal access to health care and social security services for people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0056","docId":"cerd-c-gc-34","idx":56,"n":56,"text":"Involve people of African descent in designing and implementing health-based programmes and projects.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0057","docId":"cerd-c-gc-34","idx":57,"n":57,"text":"Design and implement programmes aimed at creating opportunities for the general empowerment of people of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0058","docId":"cerd-c-gc-34","idx":58,"n":58,"text":"Adopt or make more effective legislation prohibiting discrimination in employment and all discriminatory practices in the labour market that affect people of African descent and protect them against all such practices.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0059","docId":"cerd-c-gc-34","idx":59,"n":59,"text":"Take special measures to promote the employment of people of African descent in the public administration as well as in private companies.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0060","docId":"cerd-c-gc-34","idx":60,"n":60,"text":"Develop and implement policies and projects aimed at avoiding the segregation of people of African descent in housing, and involve communities of people of African descent as partners in housing project construction, rehabilitation and maintenance.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XI. Economic, social and cultural rights"]},{"id":"cerd-c-gc-34-0061","docId":"cerd-c-gc-34","idx":61,"n":61,"text":"Review all the language in textbooks which conveys stereotyped or demeaning images, references, names or opinions concerning people of African descent and replace it with images, references, names and opinions which convey the message of the inherent dignity and equality of all human beings.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-34-0062","docId":"cerd-c-gc-34","idx":62,"n":62,"text":"Ensure that public and private education systems do not discriminate against or exclude children based on race or descent.","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-34-0063","docId":"cerd-c-gc-34","idx":63,"n":63,"text":"Take measures to reduce the school dropout rate for children of African descent.","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-34-0064","docId":"cerd-c-gc-34","idx":64,"n":64,"text":"Consider adopting special measures aimed at promoting the education of all students of African descent, guarantee equitable access to higher education for people of African descent and facilitate professional educational careers.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-34-0065","docId":"cerd-c-gc-34","idx":65,"n":65,"text":"Act with determination to eliminate any discrimination against students of African descent.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-34-0066","docId":"cerd-c-gc-34","idx":66,"n":66,"text":"Include in textbooks, at all appropriate levels, chapters about the history and cultures of peoples of African descent and preserve this knowledge in museums and other forums for future generations, encourage and support the publication and distribution of books and other print materials, as well as the broadcasting of television and radio programmes about their history and cultures.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2011,"section":["XII. Measures in the field of education"]},{"id":"cerd-c-gc-35-0001","docId":"cerd-c-gc-35","idx":1,"n":1,"text":"1. At its eightieth session, the Committee on the Elimination of Racial Discrimination (the Committee) decided to hold a thematic discussion on racist hate speech during its eighty-first session. The discussion took place on 28 August 2012 and focused on understanding the causes and consequences of racist hate speech, and how the resources of the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) may be mobilized to combat it. Participants in the discussion included, in addition to members of the Committee, representatives from permanent missions to the United Nations Office in Geneva, national human rights institutions, non-governmental organizations, academics and interested individuals.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["I. Introduction"]},{"id":"cerd-c-gc-35-0002","docId":"cerd-c-gc-35","idx":2,"n":2,"text":"2. Following the discussion, the Committee expressed its intention to work on drafting a general recommendation to provide guidance on the requirements of the Convention in the area of racist hate speech in order to assist States parties in discharging their obligations, including reporting obligations. The present general recommendation is of relevance to all stakeholders in the fight against racial discrimination, and seeks to contribute to the promotion of understanding, lasting peace and security among communities, peoples and States.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["I. Introduction"]},{"id":"cerd-c-gc-35-0003","docId":"cerd-c-gc-35","idx":3,"n":3,"text":"3. In drafting the recommendation, the Committee has taken account of its extensive practice in combating racist hate speech, concern about which has engaged the full span of procedures under the Convention. The Committee has also underlined the role of racist hate speech in processes leading to mass violations of human rights and genocide, and in conflict situations. Key general recommendations of the Committee that address hate speech include general recommendations No. 7 (1985) relating to the implementation of article 4;[[fn:1]] No. 15 (1993) on article 4, which stressed the compatibility between article 4 and the right to freedom of expression;[[fn:2]] No. 25 (2000) on gender-related dimensions of racial discrimination;[[fn:3]] No. 27 (2000) on discrimination against Roma;[[fn:4]] No. 29 (2002) on descent;[[fn:5]] No. 30 (2004) on discrimination against non-citizens;[[fn:6]] No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system;[[fn:7]] and No. 34 (2011) on racial discrimination against people of African descent.[[fn:8]] Many general recommendations adopted by the Committee relate directly or indirectly to hate speech issues, bearing in mind that effectively combating racist hate speech involves the mobilization of the full normative and procedural resources of the Convention.","labels":["Persons deprived of their liberty","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":1,"text":"Official Records of the General Assembly, Fortieth Session, Supplement No. 18 (A/40/18), chap. VII, sect. B."},{"n":2,"text":"Ibid., Forty-eighth Session, Supplement No. 18 (A/48/18), chap. VIII, sect. B, para. 4."},{"n":3,"text":"Ibid., Fifty-fifth Session, Supplement No. 18 (A/55/18), annex V, sect. A."},{"n":4,"text":"Ibid., annex V, sect. C."},{"n":5,"text":"Ibid., Fifty-seventh Session, Supplement No. 18 (A/57/18), chap. XI, sect. F."},{"n":6,"text":"Ibid., Fifty-ninth Session, Supplement No. 18 (A/59/18), chap. VIII."},{"n":7,"text":"Ibid., Sixtieth Session, Supplement No. 18 (A/60/18), chap. IX."},{"n":8,"text":"Ibid., Sixty-sixth Session, Supplement No. 18 (A/66/18), annex IX."}],"section":["I. Introduction","Approach adopted"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0004","docId":"cerd-c-gc-35","idx":4,"n":4,"text":"4. By virtue of its work in implementing the Convention as a living instrument, the Committee engages with the wider human rights environment, awareness of which suffuses the Convention. In gauging the scope of freedom of expression, it should be recalled that the right is integrated into the Convention and is not simply articulated outside it: the principles of the Convention contribute to a fuller understanding of the parameters of the right in contemporary international human rights law. The Committee has integrated this right to freedom of expression into its work on combating hate speech, commenting where appropriate on its lack of effective implementation and, where necessary, drawing upon its elaboration in sister human rights bodies.[[fn:9]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":9,"text":"Notably Human Rights Committee general comment No. 34 (2011) on freedoms of opinion and expression (Official Records of the General Assembly, Sixty-sixth Session, Supplement No. 40, vol. I (A/66/40 (Vol. I)), annex V)."}],"section":["I. Introduction","Approach adopted"]},{"id":"cerd-c-gc-35-0005","docId":"cerd-c-gc-35","idx":5,"n":5,"text":"5. The drafters of the Convention were acutely aware of the contribution of speech to creating a climate of racial hatred and discrimination, and reflected at length on the dangers it posed. In the Convention, racism is referred to only in the context of “racist doctrines and practices” in the preamble, a phrase closely linked to the condemnation in article 4 of dissemination of ideas of racial superiority. While the term hate speech is not explicitly used in the Convention, this lack of explicit reference has not impeded the Committee from identifying and naming hate speech phenomena and exploring the relationship between speech practices and the standards of the Convention. The present recommendation focuses on the ensemble of Convention provisions that cumulatively enable the identification of expression that constitutes hate speech.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["II. Racist hate speech"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0006","docId":"cerd-c-gc-35","idx":6,"n":6,"text":"6. Racist hate speech addressed in Committee practice has included all the specific speech forms referred to in article 4 directed against groups recognized in article 1 of the Convention — which forbids discrimination on grounds of race, colour, descent, or national or ethnic origin — such as indigenous peoples, descent-based groups, and immigrants or non-citizens, including migrant domestic workers, refugees and asylum seekers, as well as speech directed against women members of these and other vulnerable groups. In the light of the principle of intersectionality, and bearing in mind that “criticism of religious leaders or commentary on religious doctrine or tenets of faith” should not be prohibited or punished,[[fn:10]] the Committee’s attention has also been engaged by hate speech targeting persons belonging to certain ethnic groups who profess or practice a religion different from the majority, including expressions of Islamophobia, anti-Semitism and other similar manifestations of hatred against ethno-religious groups, as well as extreme manifestations of hatred such as incitement to genocide and to terrorism. Stereotyping and stigmatization of members of protected groups has also been the subject of expressions of concern and recommendations adopted by the Committee.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":10,"text":"Ibid., para. 48."}],"section":["II. Racist hate speech"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-35-0007","docId":"cerd-c-gc-35","idx":7,"n":7,"text":"7. Racist hate speech can take many forms and is not confined to explicitly racial remarks. As is the case with discrimination under article 1, speech attacking particular racial or ethnic groups may employ indirect language in order to disguise its targets and objectives. In line with their obligations under the Convention, States parties should give due attention to all manifestations of racist hate speech and take effective measures to combat them. The principles articulated in the present recommendation apply to racist hate speech, whether emanating from individuals or groups, in whatever forms it manifests itself, orally or in print, or disseminated through electronic media, including the Internet and social networking sites, as well as non-verbal forms of expression such as the display of racist symbols, images and behaviour at public gatherings, including sporting events.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["II. Racist hate speech"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-35-0008","docId":"cerd-c-gc-35","idx":8,"n":8,"text":"8. The identification and combating of hate speech practices is integral to the achievement of the objectives of the Convention — which is dedicated to the elimination of racial discrimination in all its forms. While article 4 of the Convention has functioned as the principal vehicle for combating hate speech, other articles in the Convention make distinctive contributions to fulfilling its objectives. The due regard clause in article 4 explicitly links that article with article 5, which guarantees the right to equality before the law, without racial discrimination in the enjoyment of rights, including the right to freedom of opinion and expression. Article 7 highlights the role of “teaching, education, culture and information” in the promotion of interethnic understanding and tolerance. Article 2 incorporates the undertaking by States parties to eliminate racial discrimination, obligations that receive their widest expression in article 2, paragraph 1 (d). Article 6 focuses on securing effective protection and remedies for victims of racial discrimination and the right to seek “just and adequate reparation or satisfaction” for damage suffered. The present recommendation focuses principally on articles 4, 5 and 7 of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"6","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-35-0009","docId":"cerd-c-gc-35","idx":9,"n":9,"text":"9. As a minimum requirement, and without prejudice to further measures, comprehensive legislation against racial discrimination, including civil and administrative law as well as criminal law, is indispensable to combating racist hate speech effectively.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention"]},{"id":"cerd-c-gc-35-0010","docId":"cerd-c-gc-35","idx":10,"n":10,"text":"10. The chapeau of article 4 incorporates the obligation to take “immediate and positive measures” to eradicate incitement and discrimination, a stipulation that complements and reinforces obligations under other articles of the Convention to dedicate the widest possible range of resources to the eradication of hate speech. In general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, the Committee summarized “measures” as comprising “legislative, executive, administrative, budgetary and regulatory instruments…as well as plans, policies, programmes and…regimes”.[[fn:11]] The Committee recalls the mandatory nature of article 4, and observes that during the adoption of the Convention, it “was regarded as central to the struggle against racial discrimination”,[[fn:12]] an evaluation which has been maintained in Committee practice. Article 4 comprises elements relating to speech and the organizational context for the production of speech, serves the functions of prevention and deterrence, and provides for sanctions when deterrence fails. The article also has an expressive function in underlining the international community’s abhorrence of racist hate speech, understood as a form of other-directed speech which rejects the core human rights principles of human dignity and equality and seeks to degrade the standing of individuals and groups in the estimation of society.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":11,"text":"Official Records of the General Assembly, Sixty-fourth Session, Supplement No. 18 (A/64/18), annex VIII, para. 13."},{"n":12,"text":"General recommendation No. 15, para. 1."}],"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0011","docId":"cerd-c-gc-35","idx":11,"n":11,"text":"11. In the chapeau and subparagraph (a), regarding “ideas or theories of superiority” or “racial superiority or hatred” respectively, the term “based on” is employed to characterize speech impugned by the Convention. The term is understood by the Committee in the context of article 1 as equivalent to “on the grounds of”[[fn:13]] and in principle holds the same meaning for article 4. The provisions on dissemination of ideas of racial superiority are a forthright expression of the preventive function of the Convention and are an important complement to the provisions on incitement.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":13,"text":"The latter phrase is employed in the seventh preambular paragraph of the Convention. See also paragraph 1 of general recommendation No. 14 (1993) on article 1, paragraph 1, of the Convention (Official Records of the General Assembly, Forty-eighth Session, Supplement No. 18 (A/48/18), chap. VIII, sect. B)."}],"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0012","docId":"cerd-c-gc-35","idx":12,"n":12,"text":"12. The Committee recommends that the criminalization of forms of racist expression should be reserved for serious cases, to be proven beyond reasonable doubt, while less serious cases should be addressed by means other than criminal law, taking into account, inter alia, the nature and extent of the impact on targeted persons and groups. The application of criminal sanctions should be governed by principles of legality, proportionality and necessity.[[fn:14]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":14,"text":"Human Rights Committee general comment No. 34, paras. 22- 25; 33-35."}],"section":["III. Resources of the Convention","Article 4"]},{"id":"cerd-c-gc-35-0013","docId":"cerd-c-gc-35","idx":13,"n":13,"text":"13. As article 4 is not self-executing, States parties are required by its terms to adopt legislation to combat racist hate speech that falls within its scope. In the light of the provisions of the Convention and the elaboration of its principles in general recommendation No. 15 and the present recommendation, the Committee recommends that the States parties declare and effectively sanction as offences punishable by law:","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0014","docId":"cerd-c-gc-35","idx":14,"n":14,"text":"14. The Committee recommends that public denials or attempts to justify crimes of genocide and crimes against humanity, as defined by international law, should be declared as offences punishable by law, provided that they clearly constitute incitement to racial violence or hatred. The Committee also underlines that “the expression of opinions about historical facts” should not be prohibited or punished.[[fn:15]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":15,"text":"Ibid., para. 49."}],"section":["III. Resources of the Convention","Article 4"]},{"id":"cerd-c-gc-35-0015","docId":"cerd-c-gc-35","idx":15,"n":15,"text":"15. While article 4 requires that certain forms of conduct be declared offences punishable by law, it does not supply detailed guidance for the qualification of forms of conduct as criminal offences. On the qualification of dissemination and incitement as offences punishable by law, the Committee considers that the following contextual factors should be taken into account:","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[],"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0016","docId":"cerd-c-gc-35","idx":16,"n":16,"text":"16. Incitement characteristically seeks to influence others to engage in certain forms of conduct, including the commission of crime, through advocacy or threats. Incitement may be express or implied, through actions such as displays of racist symbols or distribution of materials as well as words. The notion of incitement as an inchoate crime does not require that the incitement has been acted upon, but in regulating the forms of incitement referred to in article 4, States parties should take into account, as important elements in the incitement offences, in addition to the considerations outlined in paragraph 14 above, the intention of the speaker, and the imminent risk or likelihood that the conduct desired or intended by the speaker will result from the speech in question, considerations which also apply to the other offences listed in paragraph 13.[[fn:18]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":18,"text":"Human Rights Committee general comment No. 34, para. 35; Rabat Plan of Action, para. 22."}],"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0017","docId":"cerd-c-gc-35","idx":17,"n":17,"text":"17. The Committee reiterates that it is not enough to declare the forms of conduct in article 4 as offences; the provisions of the article must also be effectively implemented. Effective implementation is characteristically achieved through investigations of offences set out in the Convention and, where appropriate, the prosecution of offenders. The Committee recognizes the principle of expediency in the prosecution of alleged offenders, and observes that it must in each case be applied in the light of the guarantees laid down in the Convention and in other instruments of international law. In this and other respects under the Convention, the Committee recalls that it is not its function to review the interpretation of facts and national law made by domestic authorities, unless the decisions are manifestly absurd or unreasonable.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0018","docId":"cerd-c-gc-35","idx":18,"n":18,"text":"18. Independent, impartial and informed judicial bodies are crucial to ensuring that the facts and legal qualifications of individual cases are assessed consistently with international standards of human rights. Judicial infrastructures should be complemented in this respect by national human rights institutions in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles).[[fn:19]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":19,"text":"General recommendation No. 31, para. 5 (j)."}],"section":["III. Resources of the Convention","Article 4"]},{"id":"cerd-c-gc-35-0019","docId":"cerd-c-gc-35","idx":19,"n":19,"text":"19. Article 4 requires that measures to eliminate incitement and discrimination must be made with due regard to the principles of the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention. The phrase due regard implies that, in the creation and application of offences, as well as fulfilling the other requirements of article 4, the principles of the Universal Declaration of Human Rights and the rights in article 5 must be given appropriate weight in decision-making processes. The due regard clause has been interpreted by the Committee to apply to human rights and freedoms as a whole, and not simply to freedom of opinion and expression,[[fn:20]] which should however be borne in mind as the most pertinent reference principle when calibrating the legitimacy of speech restrictions.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":20,"text":"Committee on the Elimination of Racial Discrimination, communication No. 30/2003, The Jewish community of Oslo et al. v Norway, opinion adopted on 15 August 2005, para. 10.5."}],"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"article":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly references 'article 4' as a CERD obligation requiring measures against incitement and discrimination, confirmed by document context (CERD GC35)."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly references 'article 5 of the Convention' alongside article 4, both clearly within the CERD framework."},{"article":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Second occurrence of article 4 in the same sentence structure reaffirming CERD obligations on offences under the Convention."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Second occurrence of article 5 in the same sentence structure; text consistently refers to 'the rights in article 5' of CERD."}]},{"id":"cerd-c-gc-35-0020","docId":"cerd-c-gc-35","idx":20,"n":20,"text":"20. The Committee observes with concern that broad or vague restrictions on freedom of speech have been used to the detriment of groups protected by the Convention. States parties should formulate restrictions on speech with sufficient precision, according to the standards in the Convention as elaborated in the present recommendation. The Committee stresses that measures to monitor and combat racist speech should not be used as a pretext to curtail expressions of protest at injustice, social discontent or opposition.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 4"]},{"id":"cerd-c-gc-35-0021","docId":"cerd-c-gc-35","idx":21,"n":21,"text":"21. The Committee underlines that article 4 (b) requires that racist organizations which promote and incite racial discrimination be declared illegal and prohibited. The Committee understands that the reference to “organized…propaganda activities” implicates improvised forms of organization or networks, and that “all other propaganda activities” may be taken to refer to unorganized or spontaneous promotion and incitement of racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0022","docId":"cerd-c-gc-35","idx":22,"n":22,"text":"22. Under the terms of article 4 (c) regarding public authorities or public institutions, racist expressions emanating from such authorities or institutions are regarded by the Committee as of particular concern, especially statements attributed to high-ranking officials. Without prejudice to the application of the offences in subparagraphs (a) and (b) of article 4, which apply to public officials as well as to all others, the “immediate and positive measures” referred to in the chapeau may additionally include measures of a disciplinary nature, such as removal from office, where appropriate, as well as effective remedies for victims.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 4"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"cerd-c-gc-35-0023","docId":"cerd-c-gc-35","idx":23,"n":23,"text":"23. As part of its standard practice, the Committee recommends that States parties which have made reservations to the Convention withdraw them. In cases where a reservation affecting Convention provisions on racist speech is maintained, States parties are invited to provide information as to why such a reservation is considered necessary, the nature and scope of the reservation, its precise effects in terms of national law and policy, and any plans to limit or withdraw the reservation within a specified time frame.[[fn:21]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":21,"text":"Adapted from the Committee’s general recommendation No. 32, para. 38."}],"section":["III. Resources of the Convention","Article 4"]},{"id":"cerd-c-gc-35-0024","docId":"cerd-c-gc-35","idx":24,"n":24,"text":"24. Article 5 of the Convention enshrines the obligation of States parties to prohibit and eliminate racial discrimination and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of civil, political, economic, social and cultural rights, including the rights to freedom of thought, conscience and religion, freedom of opinion and expression, and freedom of peaceful assembly and association.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 5"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-35-0025","docId":"cerd-c-gc-35","idx":25,"n":25,"text":"25. The Committee considers that the expression of ideas and opinions made in the context of academic debates, political engagement or similar activity, and without incitement to hatred, contempt, violence or discrimination, should be regarded as legitimate exercises of the right to freedom of expression, even when such ideas are controversial.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 5"]},{"id":"cerd-c-gc-35-0026","docId":"cerd-c-gc-35","idx":26,"n":26,"text":"26. In addition to its inclusion in article 5, freedom of opinion and expression is recognized as a fundamental right in a broad range of international instruments, including the Universal Declaration of Human Rights, which affirm that everyone has the right to hold opinions and to seek, receive and impart information and ideas of all kinds through any media and regardless of frontiers.[[fn:22]] The right to freedom of expression is not unlimited but carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but only if they are provided by law and are necessary for protection of the rights or reputations of others and for the protection of national security or of public order, or of public health or morals.[[fn:23]] Freedom of expression should not aim at the destruction of the rights and freedoms of others, including the right to equality and non-discrimination.[[fn:24]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":22,"text":"Universal Declaration of Human Rights, art. 19."},{"n":23,"text":"International Covenant on Civil and Political Rights, art. 19, para. 3."},{"n":24,"text":"Universal Declaration of Human Rights, art. 30."}],"section":["III. Resources of the Convention","Article 5"],"citedArticles":[{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text states 'in addition to its inclusion in article 5', which is CERD article 5 on the right to freedom of opinion and expression as part of the Convention's enumerated rights."}]},{"id":"cerd-c-gc-35-0027","docId":"cerd-c-gc-35","idx":27,"n":27,"text":"27. The Durban Declaration and Programme of Action and the outcome document of the Durban Review Conference affirm the positive role of the right to freedom of opinion and expression in combating racial hatred.[[fn:25]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":25,"text":"Durban Declaration, para. 90; outcome document of the Durban Review Conference (A/CONF.211/8), paras. 54 and 58."}],"section":["III. Resources of the Convention","Article 5"]},{"id":"cerd-c-gc-35-0028","docId":"cerd-c-gc-35","idx":28,"n":28,"text":"28. In addition to underpinning and safeguarding the exercise of other rights and freedoms, freedom of opinion and expression has particular salience in the context of the Convention. The protection of persons from racist hate speech is not simply one of opposition between the right to freedom of expression and its restriction for the benefit of protected groups; the persons and groups entitled to the protection of the Convention also enjoy the right to freedom of expression and freedom from racial discrimination in the exercise of that right. Racist hate speech potentially silences the free speech of its victims.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 5"]},{"id":"cerd-c-gc-35-0029","docId":"cerd-c-gc-35","idx":29,"n":29,"text":"29. Freedom of expression, indispensable for the articulation of human rights and the dissemination of knowledge regarding the state of enjoyment of civil, political, economic, social and cultural rights, assists vulnerable groups in redressing the balance of power among the components of society, promotes intercultural understanding and tolerance, assists in the deconstruction of racial stereotypes, facilitates the free exchange of ideas, and offers alternative views and counterpoints. States parties should adopt policies empowering all groups within the purview of the Convention to exercise their right to freedom of expression.[[fn:26]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":26,"text":"Adapted from the Rabat Plan of Action, para. 25."}],"section":["III. Resources of the Convention","Article 5"]},{"id":"cerd-c-gc-35-0030","docId":"cerd-c-gc-35","idx":30,"n":30,"text":"30. Whereas the provisions of article 4 on dissemination of ideas attempt to discourage the flow of racist ideas upstream, and the provisions on incitement address their downstream effects, article 7 addresses the root causes of hate speech, and represents a further illustration of the “appropriate means” to eliminate racial discrimination envisaged in article 2, paragraph 1 (d). The importance of article 7 has not diminished over time: its broadly educational approach to eliminating racial discrimination is an indispensable complement to other approaches to combating racial discrimination. Because racism can be the product of, inter alia, indoctrination or inadequate education, especially effective antidotes to racist hate speech include education for tolerance, and counter-speech.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"],"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-35-0031","docId":"cerd-c-gc-35","idx":31,"n":31,"text":"31. Under article 7, States parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnic groups, as well as to propagating universal human rights principles, including those of the Convention. Article 7 is phrased in the same mandatory language as other articles in the Convention, and the fields of activity — “teaching, education, culture and information” — are not expressed as exhaustive of the undertakings required.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"],"citedArticles":[{"treaty":"CERD","article":"7","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-35-0032","docId":"cerd-c-gc-35","idx":32,"n":32,"text":"32. The school systems in States parties represent an important focus for the dissemination of human rights information and perspectives. School curricula, textbooks and teaching materials should be informed by and address human rights themes and seek to promote mutual respect and tolerance among nations and racial and ethnic groups.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0033","docId":"cerd-c-gc-35","idx":33,"n":33,"text":"33. Appropriate educational strategies in line with the requirements of article 7 include intercultural education, including intercultural bilingual education, based on equality of respect and esteem and genuine mutuality, supported by adequate human and financial resources. Programmes of intercultural education should represent a genuine balance of interests and should not function in intention or effect as vehicles of cultural assimilation.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"],"citedArticles":[{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-35-0034","docId":"cerd-c-gc-35","idx":34,"n":34,"text":"34. Measures should be adopted in the field of education aimed at encouraging knowledge of the history, culture and traditions of “racial or ethnical”[[fn:27]] groups present in the State party, including indigenous peoples and persons of African descent. Educational materials should, in the interests of promoting mutual respect and understanding, endeavour to highlight the contribution of all groups to the social, economic and cultural enrichment of the national identity and to national, economic and social progress.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":27,"text":"International Convention on the Elimination of All Forms of Racial Discrimination, art. 7."}],"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0035","docId":"cerd-c-gc-35","idx":35,"n":35,"text":"35. In order to promote inter-ethnic understanding, balanced and objective representations of history are essential, and, where atrocities have been committed against groups of the population, days of remembrance and other public events should be held, where appropriate in context, to recall such human tragedies, as well as celebrations of successful resolution of conflicts. Truth and reconciliation commissions can also play a vital role in countering the persistence of racial hatred and facilitating the development of a climate of inter-ethnic tolerance.[[fn:28]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":28,"text":"Adapted from the Rabat Plan of Action, para. 27."}],"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0036","docId":"cerd-c-gc-35","idx":36,"n":36,"text":"36. Information campaigns and educational policies calling attention to the harms produced by racist hate speech should engage the general public; civil society, including religious and community associations; parliamentarians and other politicians; educational professionals; public administration personnel; police and other bodies dealing with public order; and legal personnel, including the judiciary. The Committee draws the attention of States parties to general recommendation No. 13 (1993) on the training of law enforcement officials in the protection of human rights[[fn:29]] and to general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system. In these and other cases, familiarization with international norms protecting freedom of opinion and expression and norms protecting against racist hate speech is essential.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":29,"text":"Official Records of the General Assembly, Forty-eighth Session, Supplement No. 18 (A/48/18), chap. VIII, sect. B."}],"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0037","docId":"cerd-c-gc-35","idx":37,"n":37,"text":"37. Formal rejection of hate speech by high-level public officials and condemnation of the hateful ideas expressed play an important role in promoting a culture of tolerance and respect. The promotion of intercultural dialogue through a culture of public discourse and institutional instruments of dialogue, and the promotion of equal opportunities in all aspects of society are of equal value to educational methodologies and should be encouraged in a vigorous manner.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0038","docId":"cerd-c-gc-35","idx":38,"n":38,"text":"38. The Committee recommends that educational, cultural and informational strategies to combat racist hate speech should be underpinned by systematic data collection and analysis in order to assess the circumstances under which hate speech emerges, the audiences reached or targeted, the means by which they are reached, and media responses to hate messages. International cooperation in this area helps to increase not only the possibilities of comparability of data but also knowledge of and the means to combat hate speech that transcends national boundaries.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0039","docId":"cerd-c-gc-35","idx":39,"n":39,"text":"39. Informed, ethical and objective media, including social media and the Internet, have an essential role in promoting responsibility in the dissemination of ideas and opinions. In addition to putting in place appropriate legislation for the media in line with international standards, States parties should encourage the public and private media to adopt codes of professional ethics and press codes that incorporate respect for the principles of the Convention and other fundamental human rights standards.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0040","docId":"cerd-c-gc-35","idx":40,"n":40,"text":"40. Media representations of ethnic, indigenous and other groups within the purview of article 1 of the Convention should be based on principles of respect, fairness and the avoidance of stereotyping. Media should avoid referring unnecessarily to race, ethnicity, religion and other group characteristics in a manner that may promote intolerance.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-35-0041","docId":"cerd-c-gc-35","idx":41,"n":41,"text":"41. The principles of the Convention are served by encouraging media pluralism, including facilitation of access to and ownership of media by minority, indigenous and other groups in the purview of the Convention, including media in their own languages. Local empowerment through media pluralism facilitates the emergence of speech capable of countering racist hate speech.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0042","docId":"cerd-c-gc-35","idx":42,"n":42,"text":"42. The Committee encourages self-regulation and compliance with codes of ethics by Internet service providers, as underlined in the Durban Declaration and Programme of Action.[[fn:30]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"footnotes":[{"n":30,"text":"Durban Programme of Action, para. 147."}],"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0043","docId":"cerd-c-gc-35","idx":43,"n":43,"text":"43. The Committee encourages States parties to work with sports associations to eradicate racism in all sporting disciplines.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"]},{"id":"cerd-c-gc-35-0044","docId":"cerd-c-gc-35","idx":44,"n":44,"text":"44. With particular reference to the Convention, States parties should disseminate knowledge of its standards and procedures, and provide associated training, particularly for those concerned with its implementation, including civil servants, the judiciary and law enforcement officials. The concluding observations of the Committee should be made widely available in the official and other commonly used languages at the conclusion of the examination of the report of the State party; opinions of the Committee under the article 14 communications procedure should similarly be made available.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["III. Resources of the Convention","Article 7"],"citedArticles":[{"treaty":"CERD","article":"14","source":"regex"}]},{"id":"cerd-c-gc-35-0045","docId":"cerd-c-gc-35","idx":45,"n":45,"text":"45. The relationship between proscription of racist hate speech and the flourishing of freedom of expression should be seen as complementary and not the expression of a zero sum game where the priority given to one necessitates the diminution of the other. The rights to equality and freedom from discrimination, and the right to freedom of expression, should be fully reflected in law, policy and practice as mutually supportive human rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["IV. General"]},{"id":"cerd-c-gc-35-0046","docId":"cerd-c-gc-35","idx":46,"n":46,"text":"46. The prevalence of racist hate speech in all regions of the world continues to represent a significant contemporary challenge for human rights. The faithful implementation of the Convention as a whole, integrated into wider global efforts to counter hate speech phenomena, represents the best hope of translating the vision of a society free from intolerance and hatred into a living reality and promoting a culture of respect for universal human rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["IV. General"]},{"id":"cerd-c-gc-35-0047","docId":"cerd-c-gc-35","idx":47,"n":47,"text":"47. The Committee regards the adoption by States parties of targets and monitoring procedures to support laws and policies combating racist hate speech to be of the utmost importance. States parties are urged to include measures against racist hate speech in national plans of action against racism, integration strategies and national human rights plans and programmes.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2013,"section":["IV. General"]},{"id":"cerd-c-gc-36-0001","docId":"cerd-c-gc-36","idx":1,"n":1,"text":"1. At its ninety-second session, the Committee on the Elimination of Racial Discrimination decided to hold a discussion on the theme “Racial discrimination in today’s world: racial profiling, ethnic cleansing and current global issues and challenges”. The thematic discussion took place in Geneva on 29 November 2017 and was focused on analysing the experiences, challenges and lessons learned in working to combat racial profiling and ethnic cleansing to date and on how the Committee could strengthen its work against racial profiling and ethnic cleansing, for greater impact on the ground.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["I. Introduction"]},{"id":"cerd-c-gc-36-0002","docId":"cerd-c-gc-36","idx":2,"n":2,"text":"2. Following the discussion, the Committee expressed its intention to work on drafting a general recommendation to provide guidance on preventing and combating racial profiling in order to assist States parties in discharging their obligations, including reporting obligations. The present general recommendation is of relevance to all stakeholders in the fight against racial discrimination, and through its publication the Committee seeks to contribute to the strengthening of democracy, the rule of law, and peace and security among communities, peoples and States.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["I. Introduction"]},{"id":"cerd-c-gc-36-0003","docId":"cerd-c-gc-36","idx":3,"n":3,"text":"3. At its ninety-eighth session, the Committee began deliberations with a view to drafting a general recommendation on preventing and combating racial profiling, in consultation with all interested parties.[[fn:1]] The Committee also held debates with academics from various fields, with an emphasis on the implications of artificial intelligence on racial profiling.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["I. Introduction"],"footnotes":[{"n":1,"text":"The contributions for the draft general recommendation are available at: www.ohchr.org/EN/HRBodies/CERD/Pages/GC36.aspx."}]},{"id":"cerd-c-gc-36-0004","docId":"cerd-c-gc-36","idx":4,"n":4,"text":"4. In drafting the present general recommendation, the Committee has taken account of its extensive practice in addressing racial profiling by law enforcement officials, primarily in the context of the review of State party reports and in key general recommendations. The Committee explicitly addressed the issue of racial profiling in its general recommendation No. 30 (2004) on discrimination against non-citizens, in which it recommended that States ensure that any measures taken in the fight against terrorism did not discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin and that non-citizens were not subjected to racial or ethnic profiling or stereotyping (para. 10); in its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, in which the Committee recommended that States parties take the necessary steps to prevent questioning, arrests and searches which are in reality based solely on the physical appearance of a person, that person’s colour or features or membership of a racial or ethnic group, or any profiling which exposes him or her to greater suspicion (para. 20); and in general recommendation No. 34 (2011) on racial discrimination against people of African descent, in which the Committee recommended that States take resolute action to counter any tendency to target, stigmatize, stereotype or profile people of African descent on the basis of race, by law enforcement officials, politicians and educators (para. 31). Other recommendations are also relevant to racial profiling, such as general recommendation No. 13 (1993) on the training of law enforcement officials in the protection of human rights, in which the Committee stressed that law enforcement officials should receive training to ensure they uphold the human rights of all persons without distinction as to race, colour or national or ethnic origin (para. 2); general recommendation No. 23 (1997) on the rights of indigenous peoples, in which the Committee stressed that indigenous peoples should be free from any discrimination, in particular that based on indigenous origin or identity (para. 4 (b)); general recommendation No. 27 (2000) on discrimination against Roma, in which the Committee recommended that States, taking into account their specific situations, take measures to prevent illegal use of force by police against Roma, particularly in connection with arrest and detention (para. 13), and to build trust between Roma communities and the police; general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, in which the Committee mentioned the concept of “intersectionality”, whereby the Committee addressed situations of double or multiple discrimination – such as discrimination on grounds of gender or religion – when discrimination on such a ground appeared to exist in combination with a ground or grounds listed in article 1 of the Convention (para. 7); and general recommendation No. 35 (2013) on combating racist hate speech.","labels":["Indigenous peoples","Women/girls","Roma, Gypsies, Sinti and Travellers","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["II. Established principles and practice"],"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"cerd-c-gc-36-0005","docId":"cerd-c-gc-36","idx":5,"n":5,"text":"5. The Committee, in its concluding observations, has repeatedly expressed concern about the use of racial profiling by law enforcement officials and has recommended that States parties take measures to put an end to the practice.[[fn:2]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":2,"text":"CERD/C/RUS/CO/23-24, paras. 15–16; CERD/C/CAN/CO/21-23, paras. 15–16; CERD/C/ITA/CO/19-20, paras. 27–28; CERD/C/ESP/CO/21-23, para. 27; CERD/C/SVN/CO/8-11, para. 8 (d); CERD/C/POL/CO/20-21, para. 11; CERD/C/NLD/CO/19-21, paras. 13–15; CERD/C/CHE/CO/7-9, para. 14; and CERD/C/USA/CO/7-9, paras. 8 and 18."}],"section":["II. Established principles and practice"]},{"id":"cerd-c-gc-36-0006","docId":"cerd-c-gc-36","idx":6,"n":6,"text":"6. In addition, several other international human rights mechanisms have explicitly highlighted racial profiling as a violation of international human rights law. In 2009, through its decision in the case Williams Lecraft v. Spain,[[fn:3]] the Human Rights Committee became the first treaty body to directly acknowledge racial profiling as unlawful discrimination. In more recent concluding observations, the Human Rights Committee has regularly expressed concern at the continuous practice of racial profiling by law enforcement officials, targeting in particular specific groups such as migrants, asylum seekers, people of African descent, indigenous peoples, and members of religious and ethnic minorities, including Roma;[[fn:4]] the concern has been echoed by the Committee against Torture.[[fn:5]]","labels":["Refugees & asylum-seekers","Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":3,"text":"CCPR/C/96/D/1493/2006."},{"n":4,"text":"CCPR/C/NZL/CO/6, paras. 23–24; CCPR/C/AUT/CO/5, paras. 19–20; CCPR/C/FRA/CO/5, para. 15; CCPR/C/ESP/CO/6, para. 8; CCPR/C/RUS/CO/7, para. 9; and CCPR/C/USA/CO/4, para. 7."},{"n":5,"text":"CAT/C/USA/CO/3-5, para. 26; CAT/C/CPV/CO/1, para. 20; CAT/C/ARG/CO/5-6, para. 35; and CAT/C/NLD/CO/7, paras. 44–45."}],"section":["II. Established principles and practice"]},{"id":"cerd-c-gc-36-0007","docId":"cerd-c-gc-36","idx":7,"n":7,"text":"7. In the Durban Programme of Action, adopted by Member States at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, in 2001, States were urged to design, implement and enforce effective measures to eliminate racial profiling, comprising the practice of police and other law enforcement officials relying, to any degree, on race, colour, descent or national or ethnic origin as the basis for subjecting persons to investigatory activities or for determining whether an individual was engaged in criminal activity (para. 72).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["II. Established principles and practice"]},{"id":"cerd-c-gc-36-0008","docId":"cerd-c-gc-36","idx":8,"n":8,"text":"8. In a report submitted to the Human Rights Council in 2007, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism noted that, since 11 September 2001, law enforcement authorities in various States had adopted measures on the basis of terrorist profiles, which included characteristics such as a person’s presumed race, ethnicity, national origin or religion. The Special Rapporteur stressed that terrorist-profiling practices based on “race” were incompatible with human rights principles, were unsuitable and ineffective means of identifying potential terrorists, and entailed considerable negative consequences that might render such measures counterproductive in the fight against terrorism.[[fn:6]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":6,"text":"A/HRC/4/26, paras. 34 and 83."}],"section":["II. Established principles and practice"]},{"id":"cerd-c-gc-36-0009","docId":"cerd-c-gc-36","idx":9,"n":9,"text":"9. The present general recommendation is also drafted within the framework of, and as a contribution to, the implementation of the 2030 Agenda for Sustainable Development, with its overarching commitments to leave no one behind and reach the furthest behind first, which provide critical entry points to and opportunities for the Committee’s work, particularly with regard to Sustainable Development Goal 10, on reducing inequality within and among countries, and Goal 16, on promoting peaceful and inclusive societies for sustainable development, providing access to justice for all and building effective, accountable and inclusive institutions at all levels.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["II. Established principles and practice"]},{"id":"cerd-c-gc-36-0010","docId":"cerd-c-gc-36","idx":10,"n":10,"text":"10. The Committee has often expressed its concern about the use of racial profiling by law enforcement officials targeting various minority groups based on specific characteristics, such as a person’s presumed race, skin colour, descent or national or ethnic origin. The Committee has expressed concern at reports of law enforcement officials, such as police officers and border control officials, while carrying out their duties, engaging in arbitrary police stops, arbitrary identity checks, random inspections of objects in the possession of any person in railway stations, trains and airports, and arbitrary arrests.[[fn:7]] The Committee has noted with concern that racial profiling has increased owing to contemporary concerns about terrorism and migration that exacerbate prejudice and intolerance towards members of certain ethnic groups.","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":7,"text":"CERD/C/MUS/CO/20-23 and Corr.1, paras. 20–21; CERD/C/BLR/CO/20-23, paras. 23–24; CERD/C/ESP/CO/21-23, para. 27; and CERD/C/DEU/CO/19-22, para. 11."}],"section":["III. Scope"]},{"id":"cerd-c-gc-36-0011","docId":"cerd-c-gc-36","idx":11,"n":11,"text":"11. The Committee has recognized that specific groups, such as migrants, refugees and asylum seekers, people of African descent, indigenous peoples, and national and ethnic minorities, including Roma, are the most vulnerable to racial profiling.[[fn:8]]","labels":["Refugees & asylum-seekers","Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":8,"text":"CERD/C/MUS/CO/20-23 and Corr.1, para. 20; and CERD/C/RUS/CO/23-24, paras. 15 (b) and 16 (c); CERD/C/CAN/CO/21-23, paras. 15 and 16 (a)–(d); and CERD/C/ITA/CO/19-20, paras. 27–28."}],"section":["III. Scope"]},{"id":"cerd-c-gc-36-0012","docId":"cerd-c-gc-36","idx":12,"n":12,"text":"12. In addition, the Committee observes that the increasing use of new technological tools, including artificial intelligence, in areas such as security, border control and access to social services, has the potential to deepen racism, racial discrimination, xenophobia and other forms of exclusion. However, in the present general recommendation, the Committee focuses on algorithmic decision-making and artificial intelligence in relation to racial profiling by law enforcement officials; therefore, many other topics related to potentially harmful artificial intelligence are outside of its scope. While aware that, in some areas, artificial intelligence can contribute to greater effectiveness in a number of decision-making processes, the Committee also realizes that there is a real risk of algorithmic bias when artificial intelligence is used in decision-making in the context of law enforcement. Algorithmic profiling raises serious concerns, and the consequences with regard to the rights of the victims could be very serious.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["III. Scope"]},{"id":"cerd-c-gc-36-0013","docId":"cerd-c-gc-36","idx":13,"n":13,"text":"13. There is no universal definition of racial profiling in international human rights law. However, as a persistent phenomenon in all regions of the world, various international and regional human rights bodies and institutions have adopted definitions of racial profiling, which have a number of common elements. Racial profiling is: (a) committed by law enforcement authorities; (b) is not motivated by objective criteria or reasonable justification; (c) is based on grounds of race, colour, descent, national or ethnic origin or their intersection with other relevant grounds, such as religion, sex or gender, sexual orientation and gender identity, disability and age, migration status, or work or other status; (d) is used in specific contexts, such as controlling immigration and combating criminal activity, terrorism or other activities that allegedly violate or may result in the violation of the law.","labels":["Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0014","docId":"cerd-c-gc-36","idx":14,"n":14,"text":"14. Racial profiling is committed through behaviour or through acts such as arbitrary stops, searches, identity checks, investigations and arrests.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0015","docId":"cerd-c-gc-36","idx":15,"n":15,"text":"15. The Inter-American Commission on Human Rights has defined racial profiling as a tactic adopted for supposed reasons of public safety and protection motivated by stereotypes based on race, colour, ethnicity, language, descent, religion, nationality or place of birth, or a combination of these factors, rather than on objective suspicions, which tends to single out individuals or groups in a discriminatory way based on the erroneous assumption that people with such characteristics are prone to engage in specific types of crimes.[[fn:9]] The Arab Human Rights Committee has submitted that racial profiling can be defined as the use by law enforcement agents of generalizations or stereotypes related to presumed race, colour, descent, nationality, place of birth, or national or ethnic origin – rather than objective evidence or individual behaviour – as a basis for identifying a particular individual as being, or having been, engaged in a criminal activity, resulting in discriminatory decision-making.[[fn:10]] In its general policy recommendation No. 11 on combating racism and racial discrimination in policing, adopted in 2007, the European Commission against Racism and Intolerance defined racial profiling as the use by the police, with no objective and reasonable justification, of grounds such as race, colour, language, religion, nationality or national or ethnic origin in control, surveillance or investigative activities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":9,"text":"Inter-American Commission on Human Rights, “The situation of people of African descent in the Americas” (2011), para. 143."},{"n":10,"text":"See the contribution of the Arab Human Rights Committee."}],"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0016","docId":"cerd-c-gc-36","idx":16,"n":16,"text":"16. In a report submitted to the Human Rights Council in 2015, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance indicated that racial and ethnic profiling by law enforcement officials was commonly understood to mean a reliance by law enforcement, security and border control personnel on race, colour, descent or national or ethnic origin as a basis for subjecting persons to detailed searches, identity checks and investigations, or for determining whether an individual was engaged in criminal activity.[[fn:11]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":11,"text":"A/HRC/29/46, para. 2."}],"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0017","docId":"cerd-c-gc-36","idx":17,"n":17,"text":"17. The United Nations High Commissioner for Human Rights has stated that racial profiling refers to the process by which law enforcement relies on generalizations based on race, colour, descent or national or ethnic origin, rather than objective evidence or individual behaviour, to subject people to stops, detailed searches, identity checks and investigations, or for deciding that an individual was engaged in criminal activity. Racial profiling, then, results in discriminatory decision-making. The High Commissioner has further pointed out that, whether arising from the attitudes and practices of individual officers or the discriminatory culture or policies of law enforcement agencies, racial profiling is a long-standing practice in many agencies.[[fn:12]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":12,"text":"United Nations, Preventing and Countering Racial Profiling of People of African Descent: Good Practices and Challenges (2019), p. v."}],"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0018","docId":"cerd-c-gc-36","idx":18,"n":18,"text":"18. For the purposes of the present general recommendation, racial profiling is understood as it is described in paragraph 72 of the Durban Programme of Action, that is, the practice of police and other law enforcement relying, to any degree, on race, colour, descent or national or ethnic origin as the basis for subjecting persons to investigatory activities or for determining whether an individual is engaged in criminal activity. In this context, racial discrimination often intersects with other grounds, such as religion, sex and gender, sexual orientation and gender identity, disability, age, migration status, and work or other status.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0019","docId":"cerd-c-gc-36","idx":19,"n":19,"text":"19. Racial profiling by law enforcement officials may also include raids, border and custom checks, home searches, targeting for surveillance, operations to maintain or re-establish law and order or immigration decisions. These actions may variously take place in the context of street policing and antiterrorism operations.[[fn:13]]","labels":["Persons in street situations"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":13,"text":"See A/73/354."}],"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0020","docId":"cerd-c-gc-36","idx":20,"n":20,"text":"20. Racial profiling is linked to stereotypes and biases, which can be conscious or unconscious, and individual or institutional and structural. Stereotyping becomes a violation of international human rights law when stereotypical assumptions are put into practice to undermine the enjoyment of human rights.[[fn:14]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":14,"text":"See, for example, Simone Cusack, “Gender stereotyping as a human rights violation”, research report commissioned by the Office of the United Nations High Commissioner for Human Rights (2013)."}],"section":["IV. Defining and understanding racial profiling"]},{"id":"cerd-c-gc-36-0021","docId":"cerd-c-gc-36","idx":21,"n":21,"text":"21. The identification, prevention and combating of the practice of racial profiling by law enforcement officials is integral to the achievement of the objectives of the International Convention on the Elimination of All Forms of Racial Discrimination. The practice of racial profiling by law enforcement officials violates fundamental principles of human rights, which rest on: (a) non-discrimination based on grounds of race, colour, descent, or national or ethnic origin, or other intersecting grounds; and (b) equality before the law. It may also violate due process and fair trial rights. These principles and rights are the anchors of the Universal Declaration of Human Rights (arts. 2 and 7) and the Convention (arts. 2 and 5 (a)).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["V. Principles and general obligations under the Convention"],"citedArticles":[{"treaty":"?","article":"2","rationale":"grammar: UDHR","source":"grammar"},{"treaty":"?","article":"7","rationale":"grammar: UDHR","source":"grammar"},{"treaty":"CERD","article":"2","source":"grammar"},{"treaty":"CERD","article":"5","source":"grammar"}]},{"id":"cerd-c-gc-36-0022","docId":"cerd-c-gc-36","idx":22,"n":22,"text":"22. In the preamble to the Convention it is emphasized that all human beings are equal before the law and are entitled to equal protection of the law against any discrimination and against any incitement to discrimination. While the term racial profiling is not explicitly referred to in the Convention, this has not impeded the Committee from identifying racial profiling practices and exploring the relationship between racial profiling and the standards set out in the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["V. Principles and general obligations under the Convention"]},{"id":"cerd-c-gc-36-0023","docId":"cerd-c-gc-36","idx":23,"n":23,"text":"23. Under article 2 of the Convention, each State undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and institutions, national and local, act in conformity with this obligation. As racial profiling is a practice that has the potential to promote and perpetuate racist incidents and racial prejudice and stereotypes,[[fn:15]] it runs counter to the very idea of the Convention. Accordingly, States parties are obliged to review their policies, laws and regulations with a view to ensuring that racial profiling does not take place and is not facilitated. States parties are obliged to actively take steps to eliminate discrimination through laws, policies and institutions. The prohibition on engaging in acts of racial profiling and the obligation to ensure that public authorities and institutions do not apply practices of racial profiling are furthermore derived from article 5 of the Convention. The practice of racial profiling is incompatible with the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law and to equal treatment. It is, furthermore, incompatible with the non-discriminatory guarantee of other civil rights, such as the right to freedom of movement.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":15,"text":"See, for example, CERD/C/IRL/CO/3-4, para. 18."}],"section":["V. Principles and general obligations under the Convention"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-36-0024","docId":"cerd-c-gc-36","idx":24,"n":24,"text":"24. Under article 6 of the Convention, States parties have an obligation to assure to everyone within their jurisdiction effective protection against any acts of racial discrimination. Accordingly, States parties must take preventive measures in order to ensure that public authorities and public institutions do not engage in practices of racial profiling. Article 6 also requires States parties to ensure to everyone within their jurisdiction effective remedies against any act of racial discrimination. States parties are obliged to ensure that their domestic legal order contains adequate and effective mechanisms through which to assert that racial profiling has taken place and to bring such a practice to an end. States parties must furthermore guarantee the right to seek just and adequate reparation or satisfaction for damage suffered as a result of racial discrimination in the form of racial profiling. They must ensure that this right can be enforced in an effective manner. In light of the fact that the practice of racial profiling regularly affects members of a particular group or groups, States parties are encouraged to consider establishing mechanisms for the collective enforcement of rights in the context of racial profiling.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["V. Principles and general obligations under the Convention"],"citedArticles":[{"treaty":"CERD","article":"6","source":"regex"},{"treaty":"CERD","article":"6","source":"regex"}]},{"id":"cerd-c-gc-36-0025","docId":"cerd-c-gc-36","idx":25,"n":25,"text":"25. Article 7 of the Convention highlights the role of teaching, education, culture and information in combating racial discrimination. With regard to racial profiling, the fulfilment of the obligation of States parties not to engage in acts of racial discrimination depends upon the conduct of public authorities and public institutions. It is therefore of paramount importance that national law enforcement officials in particular are properly informed of their obligations.[[fn:16]] Since racial profiling is often the result of well-established and unchallenged practices of public authorities and public institutions, States parties must ensure that national law enforcement officials are sufficiently aware of how to avoid engaging in practices of racial profiling. Raising such awareness can help to prevent the implementation of racial profiling practices and to overcome them where they are entrenched. Accordingly, States parties should ensure that the personnel of public authorities and institutions who engage in law enforcement are properly trained to ensure that they do not engage in practices of racial profiling.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":16,"text":"See general recommendation No. 13 (1993)."}],"section":["V. Principles and general obligations under the Convention"],"citedArticles":[{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-36-0026","docId":"cerd-c-gc-36","idx":26,"n":26,"text":"26. Racial profiling has negative and cumulative effects on the attitudes and well-being of individuals and communities,[[fn:17]] given that a person may be regularly subjected to racial profiling in his or her daily life. Victims of racial profiling often understate and interiorize its impact in the face of a lack of effective remedies and restorative tools. In addition to being unlawful, racial profiling may also be ineffective and counterproductive as a general law enforcement tool. People who perceive that they have been subjected to discriminatory law enforcement actions tend to have less trust in law enforcement and, as a result, tend to be less willing to cooperate, thereby potentially limiting the effectiveness of law enforcement. Racial profiling practices influence daily routines of law enforcement and undermine, whether through conscious or unconscious actions, the capacity to support victims of crimes belonging to the affected communities. A sense of injustice and humiliation, the loss of trust in law enforcement, secondary victimization, fear of reprisals and limited access to information about legal rights or assistance may result in reduced reporting of crimes and reduced information for intelligence purposes.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":17,"text":"See, for example, A/HRC/24/52/Add.2, para. 57."}],"section":["VI. Consequences of racial profiling"]},{"id":"cerd-c-gc-36-0027","docId":"cerd-c-gc-36","idx":27,"n":27,"text":"27. Racial profiling and hate speech are closely interrelated, and the Committee has often addressed those two forms of discrimination simultaneously.[[fn:18]] The dissemination of ideas based on racial or ethnic hatred, the persistent use of hate speech in the media and the use of racist political discourse by public officials exacerbate discrimination and stereotyping by law enforcement officers. Ethnic groups that are subjected to hate speech will also become targets of racial profiling. Moreover, racial profiling by law enforcement portrays groups that face racial discrimination as more prone to commit crimes, which will influence the public discourse and increase the dissemination of racist hatred.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":18,"text":"CERD/C/RUS/CO/23-24, paras. 15–16; CERD/C/SVN/CO/8-11, paras. 8–9; and CERD/C/AUS/CO/18-20, para. 14."}],"section":["VI. Consequences of racial profiling"]},{"id":"cerd-c-gc-36-0028","docId":"cerd-c-gc-36","idx":28,"n":28,"text":"28. Racial profiling may also have a negative impact on people’s enjoyment of civil and political rights, including the rights to life (article 6 of the International Covenant on Civil and Political Rights), liberty and security of person (art. 9), privacy (art. 17) and liberty of movement (art. 12), freedom of association (art. 22) and to an effective remedy (art. 2 (3)).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VI. Consequences of racial profiling"],"citedArticles":[{"treaty":"ICCPR","article":"6","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"22","source":"regex"},{"treaty":"ICCPR","article":"2","paragraph":"3","source":"regex"}]},{"id":"cerd-c-gc-36-0029","docId":"cerd-c-gc-36","idx":29,"n":29,"text":"29. The full enjoyment of people’s economic, social and cultural rights, such as the right to adequate housing (article 11 of the International Covenant on Economic, Social and Cultural Rights), health (art. 12), education (arts. 13–14) and work (art. 6), could also be affected by racial profiling.[[fn:19]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":19,"text":"See also article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination."}],"section":["VI. Consequences of racial profiling"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"article":"13","treaty":"ICESCR","rationale":"ICESCR series \"housing (art 11) … health (12), education (13-14), work (6)\" (A-LOW verdict)","source":"opus-audit"},{"article":"14","treaty":"ICESCR","rationale":"same ICESCR series, range endpoint (A-LOW verdict)","source":"opus-audit"}]},{"id":"cerd-c-gc-36-0030","docId":"cerd-c-gc-36","idx":30,"n":30,"text":"30. Racial profiling by law enforcement officials has far-reaching consequences at all levels of administration of the justice system, particularly in the criminal justice system. Racial profiling can lead to, among other things: (a) the overcriminalization of certain categories of persons protected under the Convention; (b) the reinforcement of misleading stereotypical associations between crime and ethnicity and the cultivation of abusive operational practices; (c) disproportionate incarceration rates for groups protected under the Convention; (d) the higher vulnerability of persons belonging to groups protected under the Convention to abuse of force or authority by law enforcement officials; (e) the underreporting of acts of racial discrimination and hate crimes; and (f) the handing down by courts of harsher sentences against members of targeted communities.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VI. Consequences of racial profiling"]},{"id":"cerd-c-gc-36-0031","docId":"cerd-c-gc-36","idx":31,"n":31,"text":"31. Owing to rapid advances in technological development, the actions of law enforcement officials are increasingly determined or informed by algorithmic profiling,[[fn:20]] which may include big data, automated decision-making and artificial intelligence tools and methods.[[fn:21]] While such advances have the potential to increase the accuracy, effectiveness and efficiency of the decisions and actions of law enforcement officials, there is a great risk that they may also reproduce and reinforce biases and aggravate or lead to discriminatory practices.[[fn:22]] Given the opacity of algorithmic analytics and decision-making, in particular when artificial intelligence methods are employed, discriminatory outcomes of algorithmic profiling can often be less obvious and more difficult to detect than those of human decisions and thus more difficult to contest.[[fn:23]] In addition, human rights defenders generally are not adequately equipped technologically to identify such discriminatory methods.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":20,"text":"Algorithmic profiling includes any step-by-step computerized technique used for analysing data to identify trends, patterns or correlations. European Union Agency for Fundamental Rights, Preventing Unlawful Profiling Today and in the Future: A Guide (2018), p. 97."},{"n":21,"text":"Although widely used, the term “artificial intelligence” is not clearly defined. The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has noted that artificial intelligence is often used as shorthand for the increasing independence, speed and scale connected to automated, computational decision-making. It is not one thing only, but rather refers to a “constellation” of processes and technologies enabling computers to complement or replace specific tasks otherwise performed by humans, such as making decisions and solving problems (A/73/348, para. 2)."},{"n":22,"text":"See A/HRC/44/57."},{"n":23,"text":"AI Now, “The AI Now report: the social and economic implications of artificial intelligence technologies in the near-term”, summary of the AI Now public symposium hosted by the White House and the Information Law Institute of New York University on 7 July 2016, p. 7."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0032","docId":"cerd-c-gc-36","idx":32,"n":32,"text":"32. There are various entry points through which bias could be ingrained into algorithmic profiling systems, including the way in which the systems are designed, decisions as to the origin and scope of the datasets on which the systems are trained, societal and cultural biases that developers may build into those datasets, the artificial intelligence models themselves and the way in which the outputs of the artificial intelligence model are implemented in practice.[[fn:24]] In particular, the following data-related factors may contribute to negative outcomes: (a) the data used include information concerning protected characteristics; (b) so-called proxy information is included in the data, for example, postal codes linked to segregated areas in cities often indirectly indicate race or ethnic origin; (c) the data used are biased against a group;[[fn:25]] and (d) the data used are of poor quality, including because they are poorly selected, incomplete, incorrect or outdated.[[fn:26]]","labels":["Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":24,"text":"A/73/348, para. 38."},{"n":25,"text":"For example, when past discriminatory practices, such as arrests disproportionately affecting members of one group, are reflected in the data used for profiling, it will affect the outcomes of algorithmic profiling."},{"n":26,"text":"European Union Agency for Fundamental Rights, “#BigData: discrimination in data-supported decision making”, FRA Focus paper (2018), pp. 4–5."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0033","docId":"cerd-c-gc-36","idx":33,"n":33,"text":"33. Particular risks emerge when algorithmic profiling is used for determining the likelihood of criminal activity either in certain localities, or by certain groups or even individuals. Predictive policing that relies on historical data for predicting possible future events can easily produce discriminatory outcomes, in particular when the datasets used suffer from one or more of the flaws described above.[[fn:27]] For example, historical arrest data about a neighbourhood may reflect racially biased policing practices. If fed into a predictive policing model, use of these data poses a risk of steering future predictions in the same, biased direction, leading to overpolicing of the same neighbourhood, which in turn may lead to more arrests in that neighbourhood, creating a dangerous feedback loop.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":27,"text":"See Rashida Richardson, Jason M. Schultz and Kate Crawford, “Dirty data, bad predictions: how civil rights violations impact police data, predictive policing systems, and justice”, New York University Law Review, vol. 94 (May 2019)."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0034","docId":"cerd-c-gc-36","idx":34,"n":34,"text":"34. Similar mechanisms have been reported to be present in judicial systems.[[fn:28]] When applying a sanction, or deciding whether someone should be sent to prison, be released on bail or receive another punishment, States are increasingly resorting to the use of algorithmic profiling, in order to foresee the possibilities that an individual may commit one or several crimes in the future. Authorities gather information regarding the criminal history of the individual, their family and their friends and their social conditions, including their work and academic history, in order to assess the degree of “danger” posed by the person from a score provided by the algorithm, which usually remains secret. This use of algorithmic profiling raises concerns similar to those described in paragraph 33 above.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":28,"text":"See, for example, Julia Angwin and others, “Machine bias”, ProPublica, 23 May 2016."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0035","docId":"cerd-c-gc-36","idx":35,"n":35,"text":"35. The increasing use of facial recognition and surveillance technologies to track and control specific demographic groups raises concerns with respect to many human rights, including the right to privacy, freedom of peaceful assembly and association, freedom of expression and freedom of movement. It is designed to automatically identify individuals based on their facial geometry,[[fn:29]] potentially profiling people based on grounds of discrimination such as race, colour, national or ethnic origin or gender.[[fn:30]] Cameras equipped with real-time facial recognition technology are widely applied for the purpose of flagging and tracking of individuals,[[fn:31]] which may enable Governments and others to keep records of the movements of large numbers of individuals, possibly based on protected characteristics.[[fn:32]] Moreover, it has been demonstrated that the accuracy of facial recognition technology may differ depending on the colour, ethnicity or gender of the persons assessed, which may lead to discrimination.[[fn:33]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":29,"text":"A/HRC/44/57, para. 14."},{"n":30,"text":"A/HRC/41/35, para. 12."},{"n":31,"text":"A/HRC/39/29, para. 14."},{"n":32,"text":"A/HRC/41/35, para. 12."},{"n":33,"text":"See Joy Buolamwini and Timnit Gebru, “Gender shades: intersectional accuracy disparities in commercial gender classification”, Proceedings of Machine Learning Research, vol. 81 (2018) on the proceedings of the Conference on Fairness, Accountability, and Transparency; and Inioluwa Deborah Raji and Joy Buolamwini, “Actionable auditing: investigating the impact of publicly naming biased performance results of commercial AI products” (2019), Conference on Artificial Intelligence, Ethics, and Society."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0036","docId":"cerd-c-gc-36","idx":36,"n":36,"text":"36. In some instances, algorithms are being employed in DNA testing to determine the ethnicity or nationality of individuals. The results of such DNA testing can lead to profiling. The Committee notes, in line with consensus among the scientific community, that there are no direct linkages between an individual’s DNA composition and their ethnicity or nationality. Therefore, the Committee condemns the use of DNA profiling by States and law enforcement authorities, especially border security. Additionally, results of DNA profiling have been used by law enforcement authorities to make false claims that certain ethnic minorities are more prone to violence and, in turn, those groups have been subjected to discriminatory police practices.[[fn:34]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":34,"text":"Ruha Benjamin, Race After Technology: Abolitionist Tools for the New Jim Code (Polity, 2019)."}],"section":["VII. Algorithmic profiling and racial bias and discrimination"]},{"id":"cerd-c-gc-36-0037","docId":"cerd-c-gc-36","idx":37,"n":37,"text":"37. A variety of strategies have been adopted by Governments, law enforcement agencies and civil society organizations to counter the problem of racial profiling. The Committee is of the view that those strategies provide the basis for its recommendations to States and other actors.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations"]},{"id":"cerd-c-gc-36-0038","docId":"cerd-c-gc-36","idx":38,"n":38,"text":"38. As a prerequisite, and without prejudice to further measures, comprehensive legislation against racial discrimination, including civil and administrative law as well as criminal law, is indispensable to combating racial profiling effectively. States should develop and effectively implement laws and policies that define and prohibit racial profiling by law enforcement officials. Such measures should be accompanied by clear guidance for law enforcement agencies, ensuring that internal policies, including standard operating procedures and codes of conduct, are in line with human rights standards and principles. States should also be aware of laws and regulations that potentially enable or facilitate racial profiling. They should conduct studies to identify such laws and amend or repeal them accordingly.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","A. Legislative and policy-related measures"]},{"id":"cerd-c-gc-36-0039","docId":"cerd-c-gc-36","idx":39,"n":39,"text":"39. States should ensure that law enforcement agencies develop, in consultation with relevant groups, detailed guidelines for stop-and-search practices with precise standards, in order to prevent racial profiling. They should establish effective, independent monitoring mechanisms, both internal and external, and envisage disciplinary measures for application in cases of misconduct. They should also carry out periodic audits, with the help of independent experts, to identify gaps in internal policies and practices. Transparency around the outcomes of such procedures is strongly recommended, as it may strengthen law enforcement accountability and trust among targeted individuals and communities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","A. Legislative and policy-related measures"]},{"id":"cerd-c-gc-36-0040","docId":"cerd-c-gc-36","idx":40,"n":40,"text":"40. In accordance with article 6 of the Convention, States must assure to everyone within their jurisdiction effective protection and remedies against any acts of racial discrimination which violate his or her human rights and fundamental freedoms contrary to the Convention, as well as the right to seek just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","A. Legislative and policy-related measures"],"citedArticles":[{"treaty":"CERD","article":"6","source":"regex"}]},{"id":"cerd-c-gc-36-0041","docId":"cerd-c-gc-36","idx":41,"n":41,"text":"41. States are encouraged to adopt victim-centred approaches and to coordinate their support services effectively by promoting models of cooperation among the authorities, communities, civil society organizations, including those representing groups experiencing intersecting forms of discrimination, and national human rights institutions. The Committee stresses the interconnection between articles 5 (a) and 6 of the Convention and notes that judicial authorities and other organs administering justice should be effectively consulted and involved in such processes to prevent the perpetuation of a racial profiling effect in criminal proceedings.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","A. Legislative and policy-related measures"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"6","source":"regex"}]},{"id":"cerd-c-gc-36-0042","docId":"cerd-c-gc-36","idx":42,"n":42,"text":"42. States should develop specialized, mandatory training programmes for law enforcement agencies that raise awareness among law enforcement officials about the impact of biases on their work and that demonstrate how to ensure non-discriminatory conduct. Stigmatized groups, including those whose members experience intersecting forms of discrimination, should be engaged in the development and delivery of such training, where possible. Law enforcement agencies should ensure that in-service training to counter discrimination and bias-based policing is complemented by institutional interventions aimed at limiting discretion and increased oversight in areas vulnerable to stereotyping and biases. In addition, given concerns about the limitations of training on changing attitudes and behaviour, non-discrimination and bias training should be regularly evaluated and updated to ensure that it has the desired impact.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","B. Human rights education and training"]},{"id":"cerd-c-gc-36-0043","docId":"cerd-c-gc-36","idx":43,"n":43,"text":"43. Both artificial intelligence experts and officials who interpret data must have a clear understanding of fundamental rights in order to avoid the entry of data that may contain or result in racial bias. States should provide training on racism and racial discrimination for experts and officials who interpret data, judicial officers and law enforcement officers, among others. States should develop procurement policies based on mandatory terms prohibiting racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","B. Human rights education and training"]},{"id":"cerd-c-gc-36-0044","docId":"cerd-c-gc-36","idx":44,"n":44,"text":"44. States, in cooperation with national human rights institutions and specialized entities, should promote the training of civil society organizations on algorithmic bias and emerging technologies.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","B. Human rights education and training"]},{"id":"cerd-c-gc-36-0045","docId":"cerd-c-gc-36","idx":45,"n":45,"text":"45. Human rights education and training are vital to ensuring that police officers do not discriminate. National human rights institutions, in cooperation with civil society organizations, can play a central role in training law enforcement officials, in auditing new technological tools that could lead to discrimination and in identifying other risks in practice.[[fn:35]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":35,"text":"Contribution from Nicaragua."}],"section":["VIII. Recommendations","B. Human rights education and training"]},{"id":"cerd-c-gc-36-0046","docId":"cerd-c-gc-36","idx":46,"n":46,"text":"46. States should ensure that law enforcement agencies develop recruitment, retention and advancement strategies that promote a diverse workforce that reflects the composition of the populations they serve. Such strategies could include setting internal quotas and developing a recruitment programme for ethnic minorities. This has the potential to influence the culture of agencies and the attitudes of staff with a view to producing less biased decision-making.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","C. Recruitment measures"]},{"id":"cerd-c-gc-36-0047","docId":"cerd-c-gc-36","idx":47,"n":47,"text":"47. States should ensure that law enforcement agencies regularly evaluate recruitment and promotion policies and, if necessary, undertake temporary special measures to effectively address the underrepresentation of various national or ethnic minority groups and of groups experiencing intersecting forms of discrimination based on, inter alia, religion, sex and gender, sexual orientation, disability and age.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","C. Recruitment measures"]},{"id":"cerd-c-gc-36-0048","docId":"cerd-c-gc-36","idx":48,"n":48,"text":"48. States should ensure that law enforcement agencies develop strategies for effective engagement with individuals and groups facing racial discrimination that take into account the unique context, dynamics and needs of different communities. This should help to improve communication and reduce levels of distrust and of racial profiling. Police-community dialogue should be expanded beyond community leaders, as many groups, including women, are underrepresented at the community leadership level and may need dedicated and sensitive outreach efforts. Young people who are most commonly targeted by police would be a key example.","labels":["Adolescents"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","D. Community policing"]},{"id":"cerd-c-gc-36-0049","docId":"cerd-c-gc-36","idx":49,"n":49,"text":"49. States should adopt measures to ensure that public information from the police and other law enforcement agencies is based on reliable and objective statistics and does not perpetuate stereotypes and bias against ethnic groups that are subjected to discrimination. In addition, States should refrain from releasing personal data about alleged perpetrators that are linked to presumed race, colour, descent or national or ethnic origin, unless such disclosure is strictly necessary and serves a legitimate purpose, such as in the case of a wanted notice.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","D. Community policing"]},{"id":"cerd-c-gc-36-0050","docId":"cerd-c-gc-36","idx":50,"n":50,"text":"50. States should regularly collect and monitor disaggregated quantitative and qualitative data on relevant law enforcement practices, such as identity checks, traffic stops and border searches, which include information on the prohibited grounds for racial discrimination, including its intersecting forms, as well as the reason for the law enforcement action and the outcome of the encounter. The anonymized statistics generated by such practices should be made available to the public and discussed with local communities. The data should be collected in accordance with human rights standards and principles, data protection regulations and privacy guarantees. This information must not be misused.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","E. Disaggregated data"]},{"id":"cerd-c-gc-36-0051","docId":"cerd-c-gc-36","idx":51,"n":51,"text":"51. States should also guard against forms of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.[[fn:36]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":36,"text":"Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, art. 3 (4)."}],"section":["VIII. Recommendations","E. Disaggregated data"]},{"id":"cerd-c-gc-36-0052","docId":"cerd-c-gc-36","idx":52,"n":52,"text":"52. States should create a reporting mechanism, independent of law enforcement and other related agencies, for receiving complaints of racial discrimination, racism and racial and ethnic profiling from citizens.[[fn:37]] Such a mechanism must have the power to promptly and effectively investigate allegations and work in concert with civil society and human rights monitoring bodies. It must also report publicly on its findings in accordance with data protection regulations and human rights standards. Such mechanisms should take into account the special needs of persons with disabilities in cases of intersectional discrimination.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":37,"text":"European Commission against Racism and Intolerance, general policy recommendation No. 11, para. 10 and explanations."}],"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0053","docId":"cerd-c-gc-36","idx":53,"n":53,"text":"53. States should establish oversight mechanisms, both within and external to law enforcement bodies, in order to prevent discriminatory behaviour; such mechanisms should develop internal guidelines, policies and regulations to combat and prevent racial profiling and ensure internal accountability by taking disciplinary action against officials who violate them.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0054","docId":"cerd-c-gc-36","idx":54,"n":54,"text":"54. Incidents of racial profiling by law enforcement agencies should be investigated effectively, in accordance with international human rights standards. Those responsible should be prosecuted and, if convicted, they should be sanctioned with appropriate penalties and compensation should be granted to victims.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0055","docId":"cerd-c-gc-36","idx":55,"n":55,"text":"55. States should ensure that senior officials within law enforcement agencies promote non-discriminatory policies and practices within their agencies, rigorously monitor the conduct of staff and hold staff accountable for misconduct through the internal, independent oversight mechanism.[[fn:38]] These actions can be supported through the availability of data on and analysis of the decision-making and practices of staff. Senior officials should also review the impact of the application of legislation and operations, including those for countering terrorism, which may have a disproportionate impact on marginalized groups and communities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":38,"text":"See paragraph 53 above."}],"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0056","docId":"cerd-c-gc-36","idx":56,"n":56,"text":"56. National human rights institutions and civil society organizations are encouraged to monitor incidents of racial profiling and assist victims of such profiling. They should increase public awareness, publicize findings, lobby for reforms and engage constructively with law enforcement agencies and other national and local institutions.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0057","docId":"cerd-c-gc-36","idx":57,"n":57,"text":"57. International and regional human rights mechanisms, national human rights institutions and equality bodies, civil society groups and members of the public should have the possibility to make complaints regarding discriminatory practices of law enforcement agencies. Members of the public should be able to file complaints through independent mechanisms.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","F. Accountability"]},{"id":"cerd-c-gc-36-0058","docId":"cerd-c-gc-36","idx":58,"n":58,"text":"58. States should ensure that algorithmic profiling systems used for the purposes of law enforcement are in full compliance with international human rights law. To that effect, before procuring or deploying such systems States should adopt appropriate legislative, administrative and other measures to determine the purpose of their use and to regulate as accurately as possible the parameters and guarantees that prevent breaches of human rights. Such measures should, in particular, be aimed at ensuring that the deployment of algorithmic profiling systems does not undermine the right not to be discriminated against, the right to equality before the law, the right to liberty and security of person, the right to the presumption of innocence, the right to life, the right to privacy, freedom of movement, freedom of peaceful assembly and association, protections against arbitrary arrest and other interventions, and the right to an effective remedy.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0059","docId":"cerd-c-gc-36","idx":59,"n":59,"text":"59. States should carefully assess the potential human rights impact prior to employing facial recognition technology, which can lead to misidentification owing to a lack of representation in data collection. Before national deployment, States should consider a pilot period under the supervision of an independent oversight body that is inclusive of individuals who reflect the diverse composition of the population, to mitigate against any potential instances of misidentification and profiling based on skin colour.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0060","docId":"cerd-c-gc-36","idx":60,"n":60,"text":"60. States should ensure that algorithmic profiling systems deployed for law enforcement purposes are designed for transparency, and should allow researchers and civil society to access the code and subject it to scrutiny. There should be continual assessment and monitoring of the human rights impact of those systems throughout their life cycle, and States should take appropriate mitigation measures if risks or harms to human rights are identified. Those processes should examine potential and actual discriminatory effects of algorithmic profiling based on grounds of race, colour, descent, or national or ethnic origin and their intersection with other grounds, including religion, sex and gender, sexual orientation and gender identity, disability, age, migration status and work or other status. They should be conducted prior to the development or acquisition of such systems, wherever possible, and at the very least prior to and during the full period of the use of the systems. Such processes should include community impact assessments. Groups that are potentially or actually affected and relevant experts should be included in the assessment and mitigation processes.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0061","docId":"cerd-c-gc-36","idx":61,"n":61,"text":"61. States should take all appropriate measures to ensure transparency in the use of algorithmic profiling systems. This includes public disclosure of the use of such systems and meaningful explanations of the ways in which the systems work, the data sets that are being used, and the measures in place to prevent or mitigate human rights harms.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0062","docId":"cerd-c-gc-36","idx":62,"n":62,"text":"62. States should adopt measures to ensure that independent oversight bodies have a mandate to monitor the use of artificial intelligence tools by the public sector, and to assess them against criteria developed in conformity with the Convention to ensure they are not entrenching inequalities or producing discriminatory results. States should also ensure that the functioning of such systems is regularly monitored and evaluated in order to assess deficiencies and to take the necessary corrective measures. When the results of an assessment of a technology indicate a high risk of discrimination or other human rights violations, States should take measures to avoid the use of such a technology.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0063","docId":"cerd-c-gc-36","idx":63,"n":63,"text":"63. States should adopt measures to ensure that private sector design, deployment and implementation of artificial intelligence systems in the area of law enforcement comply with human rights standards. States should also ensure the adoption and periodic revision of guidelines and codes of conduct that companies must observe in the programming, use and commercialization of algorithms that may lead to racial discrimination or, in general, any other form of discrimination likely to be in violation of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0064","docId":"cerd-c-gc-36","idx":64,"n":64,"text":"64. States should adopt regulations ensuring that public sector bodies, private business enterprises and other relevant organizations, in the process of developing, learning, marketing and using algorithms: (a) comply with the principle of equality and non-discrimination, and respect human rights in general, in line with the Guiding Principles on Business and Human Rights (in particular guiding principles 1–3, 11 and 24); (b) respect the precautionary principle and any administrative or legislative measure enacted to ensure transparency; (c) disclose publicly whether law enforcement has access to private data on individuals; and (d) avoid causing disparate or disproportionate impact on the social groups protected by the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0065","docId":"cerd-c-gc-36","idx":65,"n":65,"text":"65. States should ensure that all instances of algorithmic bias are duly investigated and that sanctions are imposed.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0066","docId":"cerd-c-gc-36","idx":66,"n":66,"text":"66. States should ensure that companies that are developing, selling or operating algorithmic profiling systems for law enforcement purposes have a responsibility to involve individuals from multiple disciplines, such as sociology, political science, computer science and law, to define the risks to, and ensure respect for, human rights. To that end, States should encourage companies to carry out human rights due diligence processes, which entail: (a) conducting assessments to identify and assess any actual or potentially adverse human rights impacts; (b) integrating those assessments and taking appropriate action to prevent and mitigate adverse human rights impacts that have been identified; (c) tracking the effectiveness of their efforts; and (d) reporting formally on how they have addressed their human rights impacts.[[fn:39]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":39,"text":"A/HRC/39/29, para. 45; and Guiding Principles on Business and Human Rights, guiding principles 17–21. See also Amnesty International and Access Now, Toronto Declaration: Protecting the Right to Equality and Non-Discrimination in Machine Learning Systems."}],"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0067","docId":"cerd-c-gc-36","idx":67,"n":67,"text":"67. In the process of identifying, assessing, preventing and mitigating adverse human rights impacts, companies should pay particular attention to the data-related factors outlined in paragraph 27 above. Training data should be selected, and models designed, so as to prevent discriminatory outcomes and other adverse impacts on human rights. Moreover, companies should pursue diversity, equity and other means of inclusion in the teams developing algorithmic profiling systems. Companies should also be open to independent third-party audits of their algorithmic profiling systems.[[fn:40]] Where the risk of discrimination or other human rights violations has been assessed to be too high or impossible to mitigate, including because of the nature of a planned or foreseeable use by a State, private sector actors should not sell or deploy an algorithmic profiling system.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"footnotes":[{"n":40,"text":"See the Toronto Declaration: Protecting the Right to Equality and Non-Discrimination in Machine Learning Systems."}],"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0068","docId":"cerd-c-gc-36","idx":68,"n":68,"text":"68. States should document cases of racial discrimination associated with artificial intelligence, as well as prevention measures, sanctions and remedies, and include such information in their reports to the Committee.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-36-0069","docId":"cerd-c-gc-36","idx":69,"n":69,"text":"69. Human rights bodies, States, national human rights institutions and civil society organizations should carry out, and disseminate the results of, studies, identify good practices on effective measures addressing racial biases derived from artificial intelligence, including those related to human rights compliance and ethical aspects of machine learning, and identify relevant criteria in terms of interpretation or transparency in the processes of the programming and training of algorithms, and should do so through the lens of the International Convention on the Elimination of All Forms of Racial Discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2020,"section":["VIII. Recommendations","G. Artificial intelligence"]},{"id":"cerd-c-gc-37-0001","docId":"cerd-c-gc-37","idx":1,"n":1,"text":"The realization of the right to equality and non-discrimination is an absolute prerequisite for the effective enjoyment of the right to the highest attainable standard of physical and mental health. Those rights are enshrined in numerous international human rights instruments,[[fn:1]] and the health of all peoples has been recognized as “fundamental to the attainment of peace and security”.[[fn:2]] The commitment to ensuring healthy lives for all at all ages and to reducing inequalities within and among countries was renewed in the 2030 Agenda for Sustainable Development, namely in Sustainable Development Goals 3 and 10. Equality is embedded in the One Health approach, which is aimed at sustainably balancing and optimizing the health of people, animals and ecosystems[[fn:3]] for global health security.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":1,"text":"See, e.g., International Covenant on Economic, Social and Cultural Rights, arts. 2 (2), 3 and 12; Convention on the Elimination of All Forms of Discrimination against Women, art. 12; Convention on the Rights of the Child, arts. 2 (2) and 24; Convention on the Rights of Persons with Disabilities, art. 25; and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, arts. 43 and 45."},{"n":2,"text":"Constitution of the World Health Organization (WHO)."},{"n":3,"text":"WHO, One Health High-Level Expert Panel, “The One Health definition and principles developed by OHHLEP” (2023)."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-37-0002","docId":"cerd-c-gc-37","idx":2,"n":2,"text":"Employment, education, exposure to the physical environment, occupational hazards, housing, chemicals, air and water quality, sanitation and hygiene, climate change and economic, social and development policies have a significant impact on one’s health and well-being, as they influence access to resources, opportunities and quality of life. Structural determinants have the largest impact on patterns of health inequities.[[fn:4]] Racism, classism, sexism, ableism, xenophobia, homophobia and transphobia are among the structural determinants of health.[[fn:5]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":4,"text":"WHO, Operational Framework for Monitoring Social Determinants of Health Equity (2024), p. 2. See also Commission on Social Determinants of Health, Closing the Gap in a Generation: Health Equity through Action on the Social Determinants of Health (WHO, 2008), p. 8; and World Health Assembly resolution WHA74.16."},{"n":5,"text":"WHO, Operational Framework."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-37-0003","docId":"cerd-c-gc-37","idx":3,"n":3,"text":"Disadvantaged groups experience higher levels of exposure to health risks and higher levels of associated mortality,[[fn:6]] while the denial of access to essential medicines, vaccines and other health products creates or perpetuates discrimination and exacerbates existing inequalities in the realization of the right to health,[[fn:7]] including mental health. The legacies of colonialism, slavery and apartheid persist,[[fn:8]] and States parties have shown reluctance to effectively acknowledge in their policies and actions the negative effects that continue to disadvantage people of African descent[[fn:9]] and members of other racial and ethnic groups.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":6,"text":"WHO, World Health Statistics 2023: Monitoring Health for the SDGs, Sustainable Development Goals (2023)."},{"n":7,"text":"A/HRC/53/50, para. 8."},{"n":8,"text":"A/HRC/54/4."},{"n":9,"text":"General recommendation No. 34 (2011)."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-37-0004","docId":"cerd-c-gc-37","idx":4,"n":4,"text":"Evidence shows that reducing inequalities and eliminating racial discrimination in the enjoyment of the right to health have a positive effect on health outcomes.[[fn:10]] This contributes to building healthier societies in which everyone’s right to health is respected, protected and fulfilled. With the present general recommendation, the Committee addresses urgent calls for action, and aims to promote better coordination within and among States parties to clarify the measures under the International Convention on the Elimination of All Forms of Racial Discrimination necessary for eliminating racial discrimination and guaranteeing equal enjoyment of the right to health.[[fn:11]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":10,"text":"WHO, Operational Framework, p. 29."},{"n":11,"text":"The Committee held a thematic discussion on racial discrimination and the right to health during its 107th session, and four online regional consultations between July 2023 and March 2024. Observations were submitted by States parties, international organizations and agencies, national human rights institutions, civil society organizations, associations of health professionals, and academics."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-37-0005","docId":"cerd-c-gc-37","idx":5,"n":5,"text":"Articles 1 (1) and 5 (e) (iv) of the Convention provide for the right of everyone to be free from all forms of racial discrimination and for the right to equality in the enjoyment of the right to public health, medical care, social security and social services. All persons,[[fn:12]] including those belonging to ethnic or minority groups, such as Roma, Travellers, members of Indigenous Peoples, members of castes, people of African descent, people of Asian descent, migrants, asylum-seekers, refugees, stateless persons and persons subjected to skin colour-based discrimination, including persons with albinism,[[fn:13]] have the right to health irrespective of age, religion and belief, health status, disability, migratory status, class, socioeconomic status, sex, sexual orientation, gender identity, gender expression, sex characteristics or substance use.[[fn:14]]","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Roma, Gypsies, Sinti and Travellers","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":12,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), para. 1."},{"n":13,"text":"CERD/C/SEN/CO/19-23, paras. 22 and 23; and CERD/C/ZAF/CO/4-8, paras. 20 and 21."},{"n":14,"text":"General recommendation No. 32 (2009), para. 7; and A/77/197, paras. 3 and 6."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health"],"citedArticles":[{"treaty":"CERD","article":"1","paragraph":"1","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0006","docId":"cerd-c-gc-37","idx":6,"n":6,"text":"Under the Convention, health is understood in the light of article 12 (1) of the International Covenant on Economic, Social and Cultural Rights, namely as the highest attainable standard of physical and mental health, and is increasingly viewed through an ecocentric lens. This perspective resonates with elements of Indigenous Peoples’ definitions of health, which include individual and collective dimensions and integrate spirituality, traditional medicine, biodiversity and interconnectedness,[[fn:15]] and which are closely tied to the right to self-determination and supported by the principles of the United Nations Declaration on the Rights of Indigenous Peoples. The right to health extends not only to timely and appropriate healthcare but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related education and information, including on sexual and reproductive health. A further important aspect is the participation of the population in all health-related decision-making at the community, national and international levels.[[fn:16]] This holistic approach is aligned with the text of article 5 (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination. Public health is focused on the prevention and control of disease and injury, the improvement of underlying determinants of health, and the quality of interaction among authorities, health-related professionals and the population. Medical care integrates the right to timely and appropriate health goods and services and includes palliative, curative and rehabilitative health. Social security and social services, inextricably linked to societal efforts to improve the determinants of health,[[fn:17]] are strategic rights in eliminating racial discrimination in health.[[fn:18]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":15,"text":"E/C.19/2023/5 and A/HRC/33/57. See also E/2013/43-E/C.19/2013/25, para. 4."},{"n":16,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), para. 11."},{"n":17,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 19 (2007), paras. 2, 29 and 30."},{"n":18,"text":"General recommendations No. 27 (2000), para. 33, and No. 34 (2011), para. 55."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health"],"citedArticles":[{"article":"12","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 12 (1) of the International Covenant on Economic, Social and Cultural Rights' as the definition of the right to health."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 5 (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination', clearly attributing this to CERD."}]},{"id":"cerd-c-gc-37-0007","docId":"cerd-c-gc-37","idx":7,"n":7,"text":"The Convention prohibits direct and indirect discrimination.[[fn:19]] This includes action, either acts or omissions, taken pursuant to laws, policies or practices that disproportionately disadvantage racial or ethnic groups, that have an unjustifiable disparate impact upon racial or ethnic groups[[fn:20]] or that fail to secure adequate advancement for disadvantaged racial or ethnic groups to ensure equal enjoyment of their rights (art. 1 (4)). The status of the prohibition of racial discrimination in international law[[fn:21]] necessitates the imposition of the strict scrutiny standard in assessing the proportionality[[fn:22]] of the effect of any distinction, exclusion or restriction in the enjoyment of the right to health. A distinction based on the grounds of race, colour, descent or national or ethnic origin that nullifies, whether in law or practice, the exercise of the right to health is disproportionate to any legitimate aim and constitutes a violation of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":19,"text":"General recommendation No. 32 (2009), para. 7; and L.R. et al. v. Slovakia (CERD/C/66/D/31/2003 and CERD/C/66/D/31/2003/Corr.1), para. 10.4."},{"n":20,"text":"General recommendation No. 14 (1993), para. 2."},{"n":21,"text":"A/77/10, p. 87."},{"n":22,"text":"General recommendation No. 30 (2004), para. 4."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Direct, indirect and structural racial discrimination"],"citedArticles":[{"treaty":"CERD","article":"1","paragraph":"4","source":"regex"}]},{"id":"cerd-c-gc-37-0008","docId":"cerd-c-gc-37","idx":8,"n":8,"text":"Discriminatory criteria, such as those based on race-based disease stereotyping, even where not explicitly stated in law, are still used as a basis for decision-making. Discriminatory practices, such as those based on the misrepresentation of traditional health practices, disadvantage individuals or groups protected under the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Direct, indirect and structural racial discrimination"]},{"id":"cerd-c-gc-37-0009","docId":"cerd-c-gc-37","idx":9,"n":9,"text":"9. Discriminatory acts may be experienced individually, for example as lack of access to quality obstetric care,[[fn:23]] or within a group, for example as geographic and residential segregation without access to healthcare providers.[[fn:24]] Discriminatory omissions may be experienced individually, for example as the failure to offer a treatment owing to racial bias regarding the health status of the person, or may be group related, such as a failure to take measures against racism, including against stigmatization, labelling and scapegoating, which often results in discriminatory acts and even violence against groups and minorities.[[fn:25]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":23,"text":"Committee on the Elimination of Discrimination against Women, Da Silva Pimentel v. Brazil (CEDAW/C/49/D/17/2008), para. 7.7."},{"n":24,"text":"General recommendation No. 27 (2000), para. 31."},{"n":25,"text":"Statement 3 (2020) on the coronavirus disease (COVID-19) pandemic and its implications under the International Convention on the Elimination of All Forms of Racial Discrimination (A/76/18, para. 18)."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Direct, indirect and structural racial discrimination"]},{"id":"cerd-c-gc-37-0010","docId":"cerd-c-gc-37","idx":10,"n":10,"text":"10. Racial discrimination also occurs at the structural level, particularly in relation to a lack of adequate policies addressing long-standing health inequities and high rates of poverty and social exclusion,[[fn:26]] and is reflected in the low rate of participation by, and representation of, persons protected by the Convention in political and institutional decision-making processes; the limited social recognition and valuation of ethnic and cultural diversity; the disproportionate presence of persons protected by the Convention in prison populations;[[fn:27]] and involuntary institutionalization in psychiatric hospitals, which disproportionately affects persons protected by the Convention.","labels":["Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":26,"text":"CERD/C/MEX/CO/16-17, para. 18; CERD/C/RWA/CO/13-17, para. 16; CERD/C/SLV/CO/18-19, para. 14; and CERD/C/HUN/CO/18-25, para. 20."},{"n":27,"text":"General recommendation No. 34 (2011), paras. 5 and 6."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Direct, indirect and structural racial discrimination"]},{"id":"cerd-c-gc-37-0011","docId":"cerd-c-gc-37","idx":11,"n":11,"text":"11. Structural inequalities were deepened during the coronavirus disease (COVID-19) pandemic, which exacerbated vulnerabilities linked to enduring practices of discrimination and exclusion.[[fn:28]] The pandemic’s disproportionate impact on individuals and groups protected by the Convention resulted from a combination of factors.[[fn:29]] Higher poverty rates and limited access to social determinants of health hindered compliance with public health measures, such as handwashing and physical distancing. A higher prevalence of underlying health conditions increased their vulnerability to severe illness. Overpolicing and disproportionate incarceration heightened the risk of infection in detention and increased stress and anxiety levels, further contributing to the likelihood of serious illness.","labels":["Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":28,"text":"Statement 3 (2020) on the coronavirus disease (COVID-19) pandemic."},{"n":29,"text":"Statement 2 (2022) on the lack of equitable and non-discriminatory access to COVID-19 vaccines (A/77/18, para. 20)."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Direct, indirect and structural racial discrimination"]},{"id":"cerd-c-gc-37-0012","docId":"cerd-c-gc-37","idx":12,"n":12,"text":"12. The prohibition of racial discrimination includes intersectionality as “a concept and a theoretical framework that facilitate comprehension of the ways in which social identities overlap and create compounding experiences of discrimination and concurrent forms of oppression”[[fn:30]] on the grounds of race, colour, descent or national or ethnic origin and other grounds, such as age, religion and belief, health status, disability, migratory status, socioeconomic status, sex, sexual orientation, gender identity, gender expression or sex characteristics. For example, barriers in reproductive healthcare have a cumulative effect on Indigenous women and girls,[[fn:31]] women and girls of African descent, women and girls belonging to ethnic minorities or castes, and gender-diverse persons; particularly affected among those groups are adolescents and those who are socioeconomically disadvantaged or live in rural areas.[[fn:32]] Evidence shows that persons living in poverty or vulnerable conditions are more likely than persons from higher socioeconomic groups to be arrested and prosecuted for drug-related offences, and that arrest rates among Indigenous young persons and young persons of African descent are especially high.[[fn:33]]","labels":["Indigenous peoples","Migrants","Women/girls","Children","Adolescents","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":30,"text":"United Nations network on racial discrimination and protection of minorities, Guidance Note on Intersectionality, Racial Discrimination and Protection of Minorities (2023), p. 11."},{"n":31,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 39 (2022), para. 51."},{"n":32,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 24 (1999), para. 7."},{"n":33,"text":"WHO, Global Status Report on Alcohol and Health and Treatment of Substance Use Disorders (2024), p. 12."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Intersectional discrimination and inequalities"]},{"id":"cerd-c-gc-37-0013","docId":"cerd-c-gc-37","idx":13,"n":13,"text":"13. Racially prejudiced attitudes, beliefs and stereotypes are pervasive and influence perceptions, decisions, behaviours and interactions in both conscious and unconscious ways. Historically linked with inequalities in power,[[fn:34]] racial biases are reinforced by societal and cultural norms and by personal experiences. The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health has affirmed that acknowledging implicit bias and taking actions to break down institutional barriers are the first steps to eliminating pervasive racial disparities in healthcare and improving the outcomes for patients.[[fn:35]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":34,"text":"United Nations Educational, Scientific and Cultural Organization, Declaration on Race and Racial Prejudice, art. 2."},{"n":35,"text":"A/77/197, para. 49."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Racial bias, including in algorithms"]},{"id":"cerd-c-gc-37-0014","docId":"cerd-c-gc-37","idx":14,"n":14,"text":"14. Health studies have revealed that biases result in the stereotyping of patients belonging to racial and ethnic groups, perpetuating sexism and other power hierarchies and engendering mistrust regarding the symptoms they report or their ability to make informed decisions. Implicit bias is prevalent in the healthcare sector and can lead to inaccurate pain diagnoses and treatment recommendations, ultimately affecting the quality of care provided.[[fn:36]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":36,"text":"WHO, Strengthening Primary Health Care to Tackle Racial Discrimination, Promote Intercultural Services And Reduce Health Inequities: Research Brief (2022), p. 10."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Racial bias, including in algorithms"]},{"id":"cerd-c-gc-37-0015","docId":"cerd-c-gc-37","idx":15,"n":15,"text":"15. Despite the positive effect that new technologies may have on the quality of healthcare and the enjoyment of the right to health, racial discrimination may permeate artificial intelligence through electronic health records fed to machine-learning algorithms,[[fn:37]] which are being used increasingly in health systems. Clinical algorithms reproduce structural inequalities in outcomes in hospitals by translating them into health indicators or by failing to assess the combined effects of psychosocial, genetic and environmental factors. The lack of transparency prevents health providers from adjusting the algorithms in practice.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":37,"text":"A/HRC/53/65, para. 82."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","Racial bias, including in algorithms"]},{"id":"cerd-c-gc-37-0016","docId":"cerd-c-gc-37","idx":16,"n":16,"text":"16. The principle of equality underpinned by the Convention combines formal equality before the law with equal protection of the law, with substantive equality in the enjoyment of the right to health as the aim.[[fn:38]] To achieve formal equality, national legislation must prohibit racial discrimination in the enjoyment of the right to health. The law should be applied equally to everyone, without any racial discrimination, and everyone should have an equal right to a remedy against racial discrimination. Achieving substantive or de facto equality requires active efforts to address ongoing structural disparities and existing inequalities. The aim of such efforts is to achieve adequate advancement for disadvantaged groups, ensuring their full and equal enjoyment of the right to health, taking into account the specific needs of different groups or individuals affected by racial discrimination.[[fn:39]]","labels":["Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":38,"text":"General recommendation No. 32 (2009), para. 6."},{"n":39,"text":"General recommendations No. 27 (2000), para. 33, No. 32 (2009), paras. 11 and 14, and No. 34 (2011), para. 55."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","2. Scope of equality"]},{"id":"cerd-c-gc-37-0017","docId":"cerd-c-gc-37","idx":17,"n":17,"text":"17. In accordance with the Convention, States parties should: recognize and remedy the effect of racial bias and stigmatization (arts. 2 (1) (d) and 4);[[fn:40]] redress the disadvantage of protected individuals and groups by ensuring positive and special measures (art. 2 (2)); ensure the active participation of underrepresented groups (art. 2 (1) (e));[[fn:41]] and pursue structural changes (art. 2 (1)).[[fn:42]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":40,"text":"CERD/C/NLD/CO/22-24, paras. 27 and 28; and CERD/C/RWA/CO/13-17, para. 16."},{"n":41,"text":"CERD/C/USA/CO/10-12, para. 9; and general recommendation No. 34 (2011), para. 56."},{"n":42,"text":"CERD/C/ARG/CO/24-26, para. 21; and CERD/C/USA/CO/10-12, para. 36."}],"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","2. Scope of equality"],"citedArticles":[{"treaty":"CERD","article":"2","paragraph":"2","source":"regex"},{"treaty":"CERD","article":"2","paragraph":"1","source":"regex"},{"treaty":"CERD","article":"2","paragraph":"1","source":"regex"}]},{"id":"cerd-c-gc-37-0018","docId":"cerd-c-gc-37","idx":18,"n":18,"text":"18. Racial discrimination is both a separate health risk and a structural social determinant of health. It produces and exacerbates health inequities, leading to, or increasing the incidence of, cases of preventable disease and death. The right to equality and freedom from racial discrimination in the enjoyment of the right to health comprises: the right to the prevention of health-harming conditions, disease and injury, including during emergencies; the right to bodily autonomy and physical integrity, including the right to informed consent; the right to equal and unhindered access to information and culturally appropriate, gender-sensitive and context-responsive health facilities, goods and services, and the right to privacy and confidentiality in that context; the right to be protected against practices by private actors that cause ill-health; the right to participation in health-related decision-making at the community, national and international levels; and the right to an effective remedy and reparation for any damage suffered as a result of racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["II. Normative framework","A. Right to equality and freedom from racial discrimination in the enjoyment of the right to health","2. Scope of equality"]},{"id":"cerd-c-gc-37-0019","docId":"cerd-c-gc-37","idx":19,"n":19,"text":"19. Freedom from racial discrimination and structural inequalities in key determinants of health includes freedom from disproportionate exposure to vulnerability and health-harming conditions, the right to equal protection of necessary material and psychosocial conditions, the right to be equally protected against practices by private actors that cause harm and the right to the mitigation and reparation of harm. Children and adolescents, older persons, persons with disabilities, women and gender-diverse persons have the right to contextsensitive preventive and protective measures aimed at combating structural and intersectional discrimination.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health"]},{"id":"cerd-c-gc-37-0020","docId":"cerd-c-gc-37","idx":20,"n":20,"text":"20. In line with paragraph 6 above, article 5 (e) (iv) is understood to encompass the right to a sufficient quantity of acceptable and safe drinking water and adequate sanitation,[[fn:43]] safe food[[fn:44]] and housing. This includes the right not to be subjected to inadequate maintenance of water and sanitation infrastructure, contributing to health risks such as waterborne diseases and environmental contamination. Racial and ethnic groups have the right to be protected from residential segregation, discrimination in private rental markets, overcrowded residences and forced evictions. They are entitled to measures that address issues such as food deserts, limited economic resources, discriminatory practices in the food industry and other barriers to accessing healthy food. Vulnerability and poverty affect their diet and health, contributing to higher rates of diet-related diseases and nutritional deficiencies.","labels":["Persons living in poverty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":43,"text":"See also A/62/214."},{"n":44,"text":"A/78/185, para. 26."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0021","docId":"cerd-c-gc-37","idx":21,"n":21,"text":"Workers who belong to racial or ethnic minorities, and/or who are migrants, asylum-seekers, refugees or stateless, have the right to a safe and healthy working environment,[[fn:45]] and the right to equality with regard to decent working conditions, fair employment and opportunities for health and well-being. This includes the right not to be subjected to a higher risk of workplace injury or occupational illness, or of exposure to toxins and pollutants or other physical and psychosocial hazards, linked to factors such as job segregation, discrimination in hiring and promotion, and unequal enforcement of regulations on health and safety in the workplace.","labels":["Refugees & asylum-seekers","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":45,"text":"See International Labour Conference, document ILC.110/Resolution I."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","2. Safe and healthy working environment"]},{"id":"cerd-c-gc-37-0022","docId":"cerd-c-gc-37","idx":22,"n":22,"text":"22. Racial and ethnic groups have the right to a clean and healthy environment and the right to be protected against climate-induced hazards.[[fn:46]] They have the right not to be subjected to, and the right to be protected against, environmental degradation and the adverse effects arising from the exploitation of natural resources, nuclear testing, toxic-waste storage, mining, logging and other sources of environmental harm,[[fn:47]] and the right to be protected against violence by State authorities and private security personnel.[[fn:48]] They have the right to participate and be heard in meaningful consultations focused on health-harming effects. Indigenous Peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources, which includes the right to free, prior and informed consent.[[fn:49]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":46,"text":"Inter-American Court of Human Rights, Inhabitants of La Oroya v. Peru, Judgment, 27 November 2023."},{"n":47,"text":"CERD/C/USA/CO/10-12, paras. 45 and 46; CERD/C/USA/CO/7-9, para. 10; CERD/C/USA/CO/6, para. 29; CERD/C/64/CO/9, para. 15; CERD/C/GUY/CO/14, para. 19; CERD/C/NGA/CO/18, para. 19; and CERD/C/62/Dec/3."},{"n":48,"text":"CERD/C/NGA/CO/18, para. 19."},{"n":49,"text":"United Nations Declaration on the Rights of Indigenous Peoples, art. 29; Inter-American Court of Human Rights, Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina, Judgment, 6 February 2020; and African Commission on Human and Peoples’ Rights, Social and Economic Rights Action Center (SERAC) and Center for Economic and Social Rights (CESR) v. Nigeria, communication No. 155/96, 27 October 2001."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","3. Climate change and environmental health hazards"]},{"id":"cerd-c-gc-37-0023","docId":"cerd-c-gc-37","idx":23,"n":23,"text":"23. Racial and ethnic groups, some of whom are particularly vulnerable to the health effects of climate change owing to their geographical location, socioeconomic situation, cultural norms and intrinsic psychological factors, have the right not to be disproportionately subjected to, and to be protected against, climate-induced health hazards.[[fn:50]] This extends to the prevention of and protection from negative outcomes related to heatwaves, air pollution and the increasing frequency and intensity of extreme weather events and natural disasters, and to the impact such hazards have on social networks and cultural traditions. In that regard, Indigenous Peoples have the right to mitigation, through non-harmful measures to protect cultural and linguistic diversity, knowledge systems, food security, health and livelihoods.[[fn:51]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":50,"text":"A/HRC/32/23."},{"n":51,"text":"Human Rights Committee, Billy et al. v. Australia (CCPR/C/135/D/3624/2019)."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","3. Climate change and environmental health hazards"]},{"id":"cerd-c-gc-37-0024","docId":"cerd-c-gc-37","idx":24,"n":24,"text":"24. Women, girls and gender-diverse persons belonging to racial and ethnic groups are exposed to disproportionate health risks,[[fn:52]] harmful behaviours and practices, and inequalities in health systems and healthcare. They are often at increased risk of violence, including femicide,[[fn:53]] as well as forced marriage or deception (cross-border marriage migration), trafficking, abuse and exploitation, owing to their subordinate social position and their higher levels of vulnerability. Men belonging to some racial and ethnic groups are also disproportionately exposed to health risks because of gun violence[[fn:54]] or stereotypes concerning their capacity to endure extreme working conditions.","labels":["Women/girls","Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":52,"text":"Orielle Solar and Alec Irwin, “A conceptual framework for action on the social determinants of health”, Social Determinants of Health Discussion Paper, No. 2 (WHO, 2010), pp. 33 and 34."},{"n":53,"text":"CERD/C/BRA/CO/18-20, para. 16."},{"n":54,"text":"CERD/C/USA/CO/10-12, para. 16."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","4. Gender"]},{"id":"cerd-c-gc-37-0025","docId":"cerd-c-gc-37","idx":25,"n":25,"text":"25. Disproportionately high levels of sexually transmitted infectious diseases have been fuelled by patterns of sexual coercion, forced marriage and economic dependency. In the area of HIV, inequality and violence against women and girls, denial of sexual and reproductive health rights, misuse of criminal law, punitive approaches[[fn:55]] and mandatory testing are among the main barriers to effective responses. Women and girls have the right not to be subjected to harmful practices such as female genital mutilation or ukuthwala, which have severe health consequences.[[fn:56]] Women from the communities concerned, including migrant communities, must be directly involved in the design and implementation of policies aimed at protecting women and girls from harmful traditional practices, and all forms of racial discrimination in this context should be prevented.[[fn:57]]","labels":["Women/girls","Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":55,"text":"Joint United Nations Programme on HIV/AIDS (UNAIDS), The Path that Ends AIDS: UNAIDS Global AIDS Update 2023 (2023), pp. 58 and 144."},{"n":56,"text":"CERD/C/ZAF/CO/9-11, para. 33; CERD/C/ZMB/CO/17-19, para. 23; CERD/C/KGZ/CO/8-10, para. 15; and joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices, para. 19."},{"n":57,"text":"End FGM European Network, “Position paper: FGM, antiracism & intersectionality” (2022), p. 17."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","4. Gender"]},{"id":"cerd-c-gc-37-0026","docId":"cerd-c-gc-37","idx":26,"n":26,"text":"26. Article 5 (e) (iv) of the Convention applies regardless of a person’s migratory status. Migrants, refugees, asylum-seekers and stateless persons have the right not to be subjected to health risks that are linked to poor living conditions, the confiscation of their passports or other relevant documents, health-harming work situations and exclusion from social security schemes. Non-citizens have the right to integration into local health systems, including health insurance systems, and equal eligibility for social security without discrimination.[[fn:58]] They have the right not to be subjected to health-harming conditions, such as live-in requirements and physical or mental abuse.[[fn:59]] Providing access to preventive and primary care for all migrants, including undocumented persons, beyond emergency care reduces health costs and ensures that migrants are protected against racial discrimination.","labels":["Refugees & asylum-seekers","Migrants","Persons living in poverty","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":58,"text":"CERD/C/KOR/CO/17-19, para. 32."},{"n":59,"text":"CERD/C/CHN/CO/14-17, paras. 30 and 31."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","5. Migratory status"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0027","docId":"cerd-c-gc-37","idx":27,"n":27,"text":"27. Members of racial and ethnic groups have the right not to be subjected to disproportionate incarceration,[[fn:60]] which exposes them to inadequate healthcare, violence, mental health challenges and barriers to reintegration into society, thus perpetuating existing health disparities. Migrants, asylum-seekers and stateless persons have the right not to be exposed to health-harming conditions while held in immigration or other detention centres. Women and children have the right not to be subjected to increased risks of exploitation, abuse and gender-based violence in such settings. Individuals with disabilities face additional barriers to accessing healthcare and support services in detention settings. Eliminating the racial discrimination inherent in disproportionate incarceration requires the provision of alternatives to detention and the provision of humane conditions where detention is strictly necessary, including with regard to access to healthcare, legal assistance and support for vulnerable individuals, such as children, pregnant women and survivors of torture or trauma.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons with disabilities","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":60,"text":"CERD/C/USA/CO/10-12, para. 28."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","6. Deprivation of liberty"]},{"id":"cerd-c-gc-37-0028","docId":"cerd-c-gc-37","idx":28,"n":28,"text":"28. Where racism and racial discrimination are among the root causes of international and non-international armed conflict, individuals protected under the Convention may be exposed disproportionately to killings, maiming and other violence, including torture and sexual violence, forced displacement and discrimination in the enjoyment of the right to health and its key determinants. Lethal autonomous weapons[[fn:61]] heighten the risk of systematizing racial bias and dehumanizing their targets. The Convention continues to apply in such armed conflict. All persons have the right not to be subjected to violence and trauma, which may contribute to, inter alia, post-traumatic stress disorder, depression and anxiety, and also have the right to equal enjoyment of the right to health and to equal access to humanitarian assistance, protection and opportunities for recovery and rebuilding.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":61,"text":"General Assembly resolution 78/241."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","6. Deprivation of liberty"]},{"id":"cerd-c-gc-37-0029","docId":"cerd-c-gc-37","idx":29,"n":29,"text":"29. Racial and ethnic groups have the right to be protected from the disproportionate effects of, and overcompliance with, unilateral coercive measures. Effective systems for humanitarian exemptions from sanctions[[fn:62]] must be implemented to secure the passage of healthcare equipment and medication, food, humanitarian aid and other assistance for critical infrastructure and services, such as water, sanitation and electricity.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":62,"text":"A/HRC/54/23."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","6. Deprivation of liberty"]},{"id":"cerd-c-gc-37-0030","docId":"cerd-c-gc-37","idx":30,"n":30,"text":"30. Individuals and groups protected under the Convention have the right to bodily autonomy and physical integrity. This encompasses the right to consent to medical treatment, the right to access reproductive healthcare services, including medicines and health products, and the right to be free from violence, coercion or forced interventions.[[fn:63]] The right entails full respect of the principles of dignity, autonomy and self-determination. Mandatory HIV/AIDS testing limited to non-citizens, or based on race, colour, descent or national or ethnic origin, for employment, entry, stay or residence purposes is ineffective for public health purposes and discriminatory.[[fn:64]]","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":63,"text":"Committee on Economic, Social and Cultural Rights, general comments No. 14 (2000), para. 8, and No. 22 (2016), para. 5; and A/HRC/35/21, paras. 30–34."},{"n":64,"text":"UNAIDS and United Nations Development Programme (UNDP), “Still not welcome: HIV-related travel restrictions” (2019). See also CERD/C/MDA/CO/8-9, para. 13. See further L.G. v. Republic of Korea (CERD/C/86/D/51/2012); the State party has since abolished mandatory HIV/AIDS testing and the petitioner has received compensation."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","8. Right to bodily autonomy and physical integrity"]},{"id":"cerd-c-gc-37-0031","docId":"cerd-c-gc-37","idx":31,"n":31,"text":"31. Racial bias may lead to overdiagnosis of mental health issues and disproportionate use of coercive practices in the area of mental health, including involuntary admission and treatment, as well as seclusion and restraint. The rights to equality and to freedom from racial discrimination encompass the prevention of and protection against the involuntary admission and treatment, and seclusion and restraint, of persons protected by the Convention, both in the context of mental health services and in the general community.[[fn:65]]","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":65,"text":"CERD/C/GBR/CO/21-23, para. 31."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","8. Right to bodily autonomy and physical integrity"]},{"id":"cerd-c-gc-37-0032","docId":"cerd-c-gc-37","idx":32,"n":32,"text":"32. Indigenous women, women of African descent, Roma women and women belonging to other ethnic groups and castes have been targeted in policies related to population control, including those resulting in coercive sterilizations,[[fn:66]] and policies to control HIV and other infections. Within those groups, women with intellectual and/or psychosocial disabilities have been denied their legal capacity and, as a consequence, their right to give consent. Forced sterilization is a violation under the Convention; it violates the rights to reproductive autonomy, to access to information, to integrity of the person, to privacy and to be free from racial and gender-based violence and discrimination.[[fn:67]]","labels":["Women/girls","Persons with disabilities","Roma, Gypsies, Sinti and Travellers","Persons living with HIV/AIDS"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":66,"text":"Office of the United Nations High Commissioner for Human Rights (OHCHR) and others, “Eliminating forced, coercive and otherwise involuntary sterilization: an interagency statement” (WHO, 2014). See also Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016), para. 30."},{"n":67,"text":"Inter-American Court of Human Rights, I.V. v. Bolivia, Judgment, 30 November 2016; European Court of Human Rights, A.P., Garçon and Nicot v. France, Applications No. 79885/12, No. 52471/13 and No. 52596/13, Judgment, 6 April 2017; African Commission on Human and Peoples’ Rights, general comment No. 4 (2017), para. 58; Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016), para. 30; Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 32; and A/HRC/31/57, para. 45."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","8. Right to bodily autonomy and physical integrity"]},{"id":"cerd-c-gc-37-0033","docId":"cerd-c-gc-37","idx":33,"n":33,"text":"33. Legal and effective access to safe abortion is part of the right to control one’s health and body and the right to life of persons protected under the Convention.[[fn:68]] Indigenous women, gender-diverse persons and women of racial and ethnic minorities are often at a higher risk of unwanted pregnancy, and often lack the means to overcome socioeconomic and other barriers to gain access to modern contraceptive methods and safe abortion. Banning access to abortion has a profound disparate impact and is contrary to the principle of nonretrogression, with respect to the standards on providing access to safe, legal and effective abortion detailed in the World Health Organization (WHO) Abortion Care Guideline.[[fn:69]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":68,"text":"WHO, Abortion Care Guideline (2022)."},{"n":69,"text":"“Web annex A: key international human rights standards on abortion”, available at https://iris.who.int/bitstream/handle/10665/349317/9789240039506-eng.pdf."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","8. Right to bodily autonomy and physical integrity"]},{"id":"cerd-c-gc-37-0034","docId":"cerd-c-gc-37","idx":34,"n":34,"text":"34. The criminalization of abortion in all circumstances constitutes an indirect form of intersecting racial and gender-based discrimination as it has a greater impact on Indigenous women and women of African descent, particularly those with low income,[[fn:70]] exposing them to life-threatening situations and constituting a violation of the principle of non-retrogression. Criminalization of abortion further exacerbates the underreporting of important health indicators and undermines the monitoring of racial inequalities.[[fn:71]] Failing to recognize the impact of racially motivated sexual violence, hindering access to information and programmes on modern contraception and safe abortion care, and criminalizing and punishing access to abortion constitute a chain of compounded discriminatory exposure to health-harming conditions, and each such act or omission constitutes a violation of article 5 (e) (iv).","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":70,"text":"CERD/C/SLV/CO/18-19, para. 27. See also CERD/C/USA/CO/10-12, para. 35; and CERD/C/BRA/CO/18-20, para. 16 (b)."},{"n":71,"text":"A/66/254, para. 19."}],"section":["II. Normative framework","B. Prevention of and protection against vulnerabilities and inequalities in key determinants of health","8. Right to bodily autonomy and physical integrity"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0035","docId":"cerd-c-gc-37","idx":35,"n":35,"text":"35. The right set out in article 5 (e) (iv) encompasses the right to an inclusive health system, the right to equal and unhindered access to culturally appropriate, gender-sensitive, context-responsive and quality health facilities, goods and services, the right to privacy and confidentiality and the right to participation. The principle of freedom from racial discrimination and entitlements to substantive equality apply in all four of the essential elements of the right to health,[[fn:72]] described below.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":72,"text":"Committee on Economic, Social and Cultural Rights, general comments No. 14 (2000), para. 12, and No. 22 (2016), paras. 12–21."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0036","docId":"cerd-c-gc-37","idx":36,"n":36,"text":"36. Racial and ethnic groups have the right to substantive equality with regard to an adequate quantity of functioning healthcare facilities and goods, services and programmes, and to the availability of traditional healing practices and medicines, within reasonable geographical reach.[[fn:73]] To that end, pre-existing inequalities, high levels of vulnerability and long-standing disparities in health outcomes must be taken into account to ensure substantive equality in the distribution of trained medical and professional personnel and essential medicines, vaccines, tests and other preventative goods and services,[[fn:74]] and to address causes of mortality and morbidity that disproportionately affect groups within the purview of the Convention,[[fn:75]] including neglected tropical diseases. Microaggressions, racist hate crimes and hate speech, and the resulting stress, have been linked to a range of negative health outcomes, including depression, anxiety and physical health problems, such as hypertension and cardiovascular disease.[[fn:76]] Racial and ethnic groups have the right to services that provide support for persons with psychosocial conditions and persons with non-communicable diseases.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":73,"text":"Committee on Economic, Social and Cultural Rights, general comments No. 14 (2000) and No. 22 (2016). See also CERD/C/SLV/CO/18-19, paras. 34 and 35."},{"n":74,"text":"CERD/C/HUN/CO/18-25, para. 20; CERD/C/BRA/CO/18-20, para. 15; and CERD/C/THA/CO/4-8, para. 37."},{"n":75,"text":"CERD/C/CZE/CO/12-13, para. 15 (c); and CERD/C/RUS/CO/25-26, para. 30 (g)."},{"n":76,"text":"A/77/197."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","1. Availability"]},{"id":"cerd-c-gc-37-0037","docId":"cerd-c-gc-37","idx":37,"n":37,"text":"37. Individuals and groups protected by the Convention have the right to equal and unhindered accessibility, including physical, economic (affordability), information and digital accessibility, to healthcare facilities, goods, services and programmes, including to traditional medicines and practices.[[fn:77]] Equality in accessibility includes protection against the harassment of and violence against persons attempting to access services,[[fn:78]] including services related to sexual and reproductive health, especially abortion services.[[fn:79]] The right includes universal and non-discriminatory access to healthcare facilities, goods and services for all; intersectional discrimination must be taken into account in efforts to mitigate and redress disadvantage, exclusion and marginalization. Equality in accessibility can be strengthened by digital forms of healthcare, such as telemedicine, provided that guarantees of equality and non-discrimination ensure the prohibition of racial discrimination and equal protection of sensitive personal data, and that such forms of healthcare do not reinforce the digital divide as a result of the use of digital tools and online spaces.[[fn:80]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":77,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000)."},{"n":78,"text":"CERD/C/HUN/CO/18-25, para. 21."},{"n":79,"text":"CERD/C/SLV/CO/18-19, paras. 26 and 27."},{"n":80,"text":"WHO Guideline: Recommendations on Digital Interventions for Health System Strengthening (2019); and A/HRC/53/65, paras. 31–36."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","1. Availability"]},{"id":"cerd-c-gc-37-0038","docId":"cerd-c-gc-37","idx":38,"n":38,"text":"38. Physical accessibility should be ensured for all persons belonging to racial and ethnic groups, including persons living in rural and remote areas, persons with disabilities, refugees, internally displaced persons, stateless persons and persons in detention. Substantive equality includes entitlements to positive measures, such as those that ensure the availability and affordability of communication with and transportation to such services.","labels":["Refugees & asylum-seekers","Persons living in rural/remote areas","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","1. Availability"]},{"id":"cerd-c-gc-37-0039","docId":"cerd-c-gc-37","idx":39,"n":39,"text":"39. Equal access to affordable essential health services requires that health services are accessible to all and that they do not result in financial hardship;[[fn:81]] they should be free of charge at the point of care. States parties should remove financial barriers to accessing healthcare by advancing towards universal health coverage, and by ensuring that health insurance systems, public and private, do not discriminate against anyone, including individuals within the purview of the Convention.[[fn:82]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":81,"text":"WHO, “Universal health coverage (UHC)”, 5 October 2023, available at https://www.who.int/news-room/fact-sheets/detail/universal-health-coverage-(uhc)."},{"n":82,"text":"CERD/C/KOR/CO/17-19, para. 32; and CERD/C/CHN/CO/14-17, paras. 29 and 31."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","1. Availability"]},{"id":"cerd-c-gc-37-0040","docId":"cerd-c-gc-37","idx":40,"n":40,"text":"40. Information accessibility includes the right of persons belonging to racial and ethnic groups to the health-related education and evidence-based information they require to actively participate in their own healthcare and to advocate for their health needs.[[fn:83]] This includes the right to health literacy. It encompasses the right to: access reliable and relevant health information; understand the health information; evaluate the credibility, accuracy and relevance of health information in order to make informed decisions; use health information to make decisions about healthcare, preventive measures and lifestyle choices that promote well-being; communicate effectively with healthcare providers; and understand how healthcare systems operate, including insurance coverage and administrative processes.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":83,"text":"CERD/C/SLV/CO/18-19, paras. 34 and 35."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","1. Availability"]},{"id":"cerd-c-gc-37-0041","docId":"cerd-c-gc-37","idx":41,"n":41,"text":"41. All health providers, goods, services and information must be respectful of the cultures of racial and ethnic groups and Indigenous Peoples and sensitive to gender, age, disability, gender and sexual diversity and life-cycle requirements. Healthcare services that are culturally sensitive, culturally acceptable and respectful must be available within reasonable geographical reach.[[fn:84]] They should: be adapted to the linguistic characteristics of the beneficiaries; be designed jointly or in close cooperation with the communities concerned; and include members of the communities concerned in the health workforce.[[fn:85]] Ensuring equality in the acceptability of healthcare entails actively combating stereotypes and legacies of theories of racial superiority, slavery and colonialism[[fn:86]] and bias against traditional knowledge, healers and practices.[[fn:87]] A lack of recognition, or the arbitrary prohibition, of traditional healers, medicines and pharmacopoeia specific to certain ethnic groups makes members of those groups vulnerable to diseases.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":84,"text":"CERD/C/MNG/CO/23-24, para. 24 (e). See also CERD/C/GTM/CO/16-17, para. 14 (c); and New Zealand, Ministry of Health, “Māori health”, available at https://www.health.govt.nz/maori-health."},{"n":85,"text":"CERD/C/ECU/CO/20-22, para. 21; CERD/C/MEX/CO/16-17, para. 19; CERD/C/COL/CO/14, para. 22; and CERD/C/GTM/CO/16-17, paras. 33 and 34."},{"n":86,"text":"A/77/197, paras. 47–60."},{"n":87,"text":"WHO, Global strategies and plans of action that are scheduled to expire within one year: WHO traditional medicine strategy, 2014–2023, document EB152/37. See also United Nations Declaration on the Rights of Indigenous Peoples, arts. 21, 24, 29 and 31."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","3. Acceptability"]},{"id":"cerd-c-gc-37-0042","docId":"cerd-c-gc-37","idx":42,"n":42,"text":"42. Racial and ethnic groups have the right to healthcare facilities, goods, services and information that are of good quality, evidence-based, scientifically and medically appropriate and up to date. This requires access to trained and skilled healthcare personnel, and scientifically approved drugs (unexpired) and equipment. Institutional racial bias continues to impede and restrict access to quality and adequate healthcare goods and services owing to unequal participation in clinical decision-making and the normalization of social constructs in health practices, protocols and policies. Disease stereotyping and bias in medical training approaches and materials are perpetuated by conflating race and ancestry, by using terms with racial connotations and by referring to differences in the prevalence of disease.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","4. Quality"]},{"id":"cerd-c-gc-37-0043","docId":"cerd-c-gc-37","idx":43,"n":43,"text":"43. Under the historical legacy of slavery, women and men of African descent have been considered to be physically stronger and to be able to endure more pain.[[fn:88]] The Working Group of Experts on People of African Descent has received reports indicating a lack of knowledge among health providers on how symptoms manifest in and on black bodies.[[fn:89]] Women of African descent, Indigenous women and Roma women often wait longer before they have access to medicine,[[fn:90]] including during labour. Groups within the purview of the Convention tend to be excluded from medical research and studies on treatments and medicine. Physicians report that, owing to bias, structural barriers and an unwillingness to demonstrate flexibility and responsiveness with regard to integrating participation by members of ethnic and racial groups, the situations of those groups are not taken into consideration when medication and other goods and services are tested.","labels":["Indigenous peoples","Women/girls","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":88,"text":"CERD/C/CHL/CO/22-23, para. 12."},{"n":89,"text":"Submission of the Working Group for the Committee’s day of general discussion on racial discrimination and the right to health, p. 2, available at https://www.ohchr.org/en/events/days-general-discussion-dgd/2022/thematic-discussion-racial-discrimination-and-right-health."},{"n":90,"text":"CERD/C/CHL/CO/22-23, paras. 12 and 13."}],"section":["II. Normative framework","C. Right to a system of health protection, including entitlements to public health and to healthcare facilities, goods and services","4. Quality"]},{"id":"cerd-c-gc-37-0044","docId":"cerd-c-gc-37","idx":44,"n":44,"text":"44. Freedom from racial discrimination, and the right to equality, in sexual and reproductive health includes equal access to and equal quality of sexual, reproductive and newborn healthcare services. It requires the provision of universal and comprehensive healthcare coverage, in order to prevent discriminatory practices related to costs of labour and childbirth care and to decrease the risk of obstetric emergencies and complications during childbirth.[[fn:91]] Ensuring the right to equality requires the addressing of causes of maternal mortality, reproductive and maternal morbidities and related disabilities that disproportionately affect persons within the purview of the Convention; the strengthening of health systems to collect high-quality data in order to respond to the needs and priorities of women, girls and gender-diverse persons; and accountability in the event of violations in order to improve quality of care and equity. Women and gender-diverse persons protected by the Convention have the right to equality in: the availability of prenatal and postnatal care, skilled birth attendants and emergency obstetric services; the accessibility, in law and in practice, of maternal health services; the acceptability of maternal health services, which must respect their dignity and be sensitive to their needs and perspectives; and the adequacy of the quality of facilities, goods, services and information related to sexual and reproductive health, including the standard that services must be evidence-based and scientifically and medically appropriate, up to date and of good quality.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":91,"text":"CERD/C/CZE/CO/12-13, para. 23."}],"section":["II. Normative framework","D. Sexual and reproductive health"]},{"id":"cerd-c-gc-37-0045","docId":"cerd-c-gc-37","idx":45,"n":45,"text":"45. The right to privacy guarantees that racial and ethnic groups and Indigenous Peoples have the right to equality and freedom from racial discrimination with respect to the protection and use of their health-related data.[[fn:92]] Every person protected by the Convention has the right to the protection of their personal data, including the right to transparency in data processing; the right to object to the processing of health-related data; the right to access to, and to the portability, rectification and erasure of, health-related data; and the right to effective remedies against violations. Health practitioners and beneficiaries protected by the Convention should be able to enjoy the right to privacy without any racial discrimination or any other intersecting grounds recognized in the present general recommendation.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":92,"text":"A/74/277, annex, chaps. II and III."}],"section":["II. Normative framework","E. Right to privacy"]},{"id":"cerd-c-gc-37-0046","docId":"cerd-c-gc-37","idx":46,"n":46,"text":"Articles 5 (e) (iv), 6 and 7 entail obligations to ensure: (a) the prevention of health-harming conditions, including climate change and environmental hazards; (b) access to safe drinking water, adequate sanitation, safe food, housing and safe and healthy working conditions; (c) adequate quantity and quality of preventive, curative and rehabilitative healthcare services, and essential medicines, including traditional medicines and healing practices, within reasonable geographical reach; (d) access to information and technology and measures bridging the digital divide; (e) the elimination of racial disparities in health outcomes and resources and protection against health hazards that result from actions of third parties; (f) the collection and disaggregation of up-to-date statistics and the monitoring of health inequities; (g) the promotion of public awareness and education on combating racial discrimination in the enjoyment of the right to health; (h) direct participation of racial and ethnic groups in decision-making; (i) the adoption and implementation of a national public health strategy and plan of action; and (j) accountability and reparation for any damage suffered as a result of racial discrimination. States must prevent discrimination, protect individuals against harm and promote equality and dignity for all members of society. Combating structural inequalities requires comprehensive strategies that address the root causes of health inequities and promote social justice, equality and inclusion. This includes investing in community-led initiatives and resources, promoting diversity and cultural competence in healthcare and other sectors, and identifying and addressing broader structural inequalities and systemic barriers that perpetuate racial health disparities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0047","docId":"cerd-c-gc-37","idx":47,"n":47,"text":"47. Article 2, read in conjunction with article 5 (e) (iv), entails obligations to respect, protect and fulfil the right to equality and freedom from racial discrimination in the enjoyment of the right to health. States parties are required to pursue a policy of eliminating discrimination; a wide range of concrete measures, including special measures, must be taken “without delay”. Obligations undertaken under article 5 (e) (iv) are of immediate effect.[[fn:93]] Retrogressive measures are not permissible.[[fn:94]] States must strictly scrutinize the necessity and proportionality of measures affecting racial and ethnic groups and Indigenous Peoples. Given the evidence-based knowledge on the impact of racism on health, intersectional anti-racist measures should be prioritized over other competing interests. Obligations under the Convention apply not only to the territory of every State party, but also to all other territories over which the State party exercises control, including in armed conflicts.[[fn:95]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":93,"text":"See also Committee on Economic, Social and Cultural Rights, general comments No. 14 (2000), para. 30, and No. 3 (1990), para. 1."},{"n":94,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), para. 32."},{"n":95,"text":"CERD/C/RUS/CO/25-26, para. 4. See also CERD/C/MDA/CO/8-9, para. 3."}],"section":["III. Obligations and recommendations","A. General principles on obligations under the Convention"],"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"cerd-c-gc-37-0048","docId":"cerd-c-gc-37","idx":48,"n":48,"text":"48. The obligation to respect the right to health without racial discrimination requires States to refrain from any act or omission, including with regard to any law, policy or practice, that directly or indirectly restricts or disproportionately affects the enjoyment of the right to health by racial and ethnic groups. It also requires States to take general and special positive measures to ensure equality in the enjoyment of the right to health.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[],"section":["III. Obligations and recommendations","B. Obligation to respect"]},{"id":"cerd-c-gc-37-0049","docId":"cerd-c-gc-37","idx":49,"n":49,"text":"49. Authorities, including law enforcement officials and health authorities, must refrain from acts of racial bias, stigmatization, discrimination, bias-motivated violence and incitement to racial hatred.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","B. Obligation to respect"]},{"id":"cerd-c-gc-37-0050","docId":"cerd-c-gc-37","idx":50,"n":50,"text":"States parties should repeal: (a) Any law and policy that disproportionately limits access, including for non-citizens, to preventive, curative and palliative health services; (b) Laws that require health providers to report undocumented migrants to police.[[fn:97]]","labels":["Indigenous peoples","Migrants","Women/girls","Persons living in rural/remote areas","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":97,"text":"CERD/C/DEU/CO/23-26, para. 38 (b); and CERD/C/CZE/CO/12-13, para. 24."}],"section":["III. Obligations and recommendations","B. Obligation to respect"]},{"id":"cerd-c-gc-37-0051","docId":"cerd-c-gc-37","idx":51,"n":51,"text":"51. States parties should refrain from: (a) Prohibiting or impeding access to traditional medicine and practices; (b) Conducting discriminatory experimental research, and applying coercive treatments and discriminatory restrictions, in the control of communicable and noncommunicable diseases and in the area of mental health; (c) Placing in detention persons with pre-existing health vulnerabilities; (d) Adopting disproportionate migration laws and enforcement practices that are health-harming; (e) Adopting discriminatory laws and practices in sexual and reproductive health; instead, they should prohibit forced sterilization; decriminalize access to abortion; and ensure access to contraceptives and other health goods; (f) Conducting activities that cause disproportionate environmental damage; (g) Promoting residential segregation and placing racial and ethnic groups in remote areas without access to healthcare and other providers;[[fn:98]] (h) Expropriating lands from, and displacing, Indigenous Peoples without their prior, free and informed consent; and installing waste disposal sites or other environmental hazards on Indigenous Peoples’ territories;[[fn:99]] (i) Imposing restrictions on the permanent rights of Indigenous Peoples and endangering their self-determination, traditional livelihoods and cultural rights, in accordance with the standards of the United Nations Declaration on the Rights of Indigenous Peoples;[[fn:100]] (j) Engaging in the overpolicing of communities, racial profiling, increased surveillance and other forms of policing activity that have a negative impact on the mental health and well-being of individuals and their families; (k) Subjecting individuals protected under the Convention to involuntary admission to psychiatric institutions, involuntary treatment and seclusion or restraint; (l) Using solitary confinement and chemical agents, except under strictly defined conditions that are assessed regularly for racial bias; (m) Criminalizing safe traditional health practices and the exercise of reproductive rights, such as the right to abortion; (n) Engaging in obstetric violence, including segregation practices in maternity hospitals; States parties should include an explicit prohibition of such practices in their legislation; (o) Denying access to health services, including through excessive requirements of health insurance policies or through the criminalization of undocumented entry and stay of migrants; (p) Adopting policies and legislation that tie housing grants and financial aid to conditions that disproportionately affect members of low-income families, especially women from ethnic minorities; [[fn:101]] (q) Implementing mandatory income-management schemes; additionally, States parties should remove discriminatory conditions in access to benefits;[[fn:102]] (r) Engaging in armed conflicts, the use of weapons and arms trades that result in bodily harm to communities within the purview of the Convention; (s) Signing bilateral or multilateral agreements that reinforce the vulnerabilities of groups within the Convention’s purview and that result in negative health outcomes; (t) Using racially biased data, and biased algorithms, in forming health and social policies; (u) Using racial stereotypes and misinformation as a basis for decisions regarding health protection or treatment; (v) Exposing racial and ethnic groups to health risks within data governance systems.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":98,"text":"General recommendation No. 27 (2000), para. 31."},{"n":99,"text":"CERD/C/CHL/CO/22-23, para. 28; and CERD/C/USA/CO/7-9, para. 24."},{"n":100,"text":"CERD/C/ZMB/CO/17-19, paras. 25 and 26; and CERD/C/MNG/CO/23-24, para. 23."},{"n":101,"text":"CERD/C/SGP/CO/1, paras. 17 and 18."},{"n":102,"text":"CERD/C/AUS/CO/18-20, para. 24."}],"section":["III. Obligations and recommendations","B. Obligation to respect"]},{"id":"cerd-c-gc-37-0052","docId":"cerd-c-gc-37","idx":52,"n":52,"text":"States must take action to advance and guarantee equality in the enjoyment of the right to health by: (a) Adopting comprehensive legislation explicitly providing for positive measures ensuring equality and intercultural health,[[fn:103]] including measures protecting the right to privacy and confidentiality; (b) Equitably distributing trained medical and professional personnel, essential medicine and preventative goods and services, including through mobile health clinics;[[fn:104]] (c) Addressing, through evidence-based policies, causes of mortality and morbidity, including commercial determinants of health, that disproportionately affect racial and ethnic groups; (d) Providing access to universal health coverage and ensuring an inclusive approach to promote the health of those most in need, including migrants and asylum‑seekers and LGBTQI+ persons within those groups;[[fn:105]] (e) Ensuring that a sufficient number of health professionals provide services to Indigenous Peoples, and setting up benchmarks for monitoring progress in key areas of Indigenous disadvantage;[[fn:106]] (f) Ensuring that healthcare providers: inform every patient protected under the Convention about the nature of procedures, treatment options, and reasonable alternatives, including potential risks and benefits; consider individuals’ needs and ensure that they understand the information provided; and ensure that the consent given is free and voluntary; (g) Including professionals specifically focused on intercultural care, in addition to expanding the intercultural competencies of existing staff; (h) Providing for communication with health providers and for transportation required to access health facilities, goods and treatments; (i) Ensuring in all contexts, including in places of deprivation of liberty, appropriate health screening, care and medical, laboratory and pharmacy records; (j) Ensuring access to interpreters where necessary[[fn:107]] and to social and health services in appropriate languages;[[fn:108]] (k) Providing equal access to health-related education and evidence-based information and removing language and cultural barriers;[[fn:109]] (l) Conducting targeted awareness-raising campaigns with information about available health services and the requirements for universal health coverage;[[fn:110]] (m) Jointly designing, with racial and ethnic groups and Indigenous Peoples, culturally acceptable and gender-sensitive preventive, curative and palliative health services; (n) Ensuring that primary care at the local and referral levels relies on health workers, including physicians, nurses, midwives, auxiliaries and community workers as applicable, and traditional practitioners as needed, suitably trained socially and technically to work as a health team and respond to the expressed health needs of the community;[[fn:111]] (o) Ensuring high-quality preventative, curative and palliative health services that are free from racial bias; effective and affordable medicines, including traditional medicines; vaccines; and diagnostics and other technologies.[[fn:112]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":103,"text":"CERD/C/SLV/CO/18-19, paras. 34 and 35."},{"n":104,"text":"CERD/C/MNG/CO/23-24, para. 24 (e)."},{"n":105,"text":"CERD/C/DEU/CO/23-26, para. 38 (a)."},{"n":106,"text":"CERD/C/AUS/CO/14, para. 19."},{"n":107,"text":"CERD/C/SGP/CO/1, para. 18."},{"n":108,"text":"CERD/C/FIN/CO/20-22, para. 14."},{"n":109,"text":"CERD/C/MEX/CO/16-17, para. 18; and CERD/C/LAO/CO/16-18, para. 19."},{"n":110,"text":"CERD/C/LTU/CO/9-10, para. 18 (d)."},{"n":111,"text":"Declaration of Alma-Ata."},{"n":112,"text":"Declaration of Astana."}],"section":["III. Obligations and recommendations","B. Obligation to respect"]},{"id":"cerd-c-gc-37-0053","docId":"cerd-c-gc-37","idx":53,"n":53,"text":"53. States must adopt and implement special measures, such as health workforce quotas and additional resources and services for racial and ethnic groups, to eliminate persistent disparities and disadvantages, in accordance with general recommendation No. 32 (2009).[[fn:113]] Such measures should be designed and implemented with an intersectional approach to identify those who are most disadvantaged and who experience concurrent forms of discrimination. States are responsible for designing a framework for the consistent application of special measures in all parts of the State.[[fn:114]] States must refrain from shifting away from special measures that are targeted specifically towards vulnerable groups, in order to avoid exacerbating the inequalities that already exist.[[fn:115]] Reparations for slavery and colonial harm could be a tool to finance special measures and eliminate health disparities while promoting a healthier and more cohesive society.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":113,"text":"Para. 34."},{"n":114,"text":"CERD/C/USA/CO/10-12, para. 9."},{"n":115,"text":"CERD/C/GBR/CO/21-23, para. 13."}],"section":["III. Obligations and recommendations","B. Obligation to respect","3. Special measures"]},{"id":"cerd-c-gc-37-0054","docId":"cerd-c-gc-37","idx":54,"n":54,"text":"The obligation to protect the right to equality and freedom from racial discrimination in the right to health requires States to take and implement all measures necessary to ensure that natural and legal persons, or groups of persons, do not nullify or impair, directly or indirectly, the recognition, enjoyment or exercise of the right to health of any person on grounds of race, colour, descent or national or ethnic origin. The impact of racial discrimination on health activates the obligation of States parties to: prevent risks related to racial discrimination and take protective operational measures; monitor and ensure compliance with the legal and operational framework; and provide effective remedies in cases of violation. In particular, States must: (a) Ensure equal access to culturally appropriate and gender-sensitive preventive, curative and palliative health products and services provided by third parties; (b) Ensure that vaccines, medicines and other health products are available and affordable to everyone, and address the underlying social and economic factors that contribute to health inequities and racial discrimination;[[fn:116]] (c) Ensure that increased involvement of private actors in healthcare financing or in the provision or supply of health services, goods and treatment does not affect the availability, accessibility, acceptability and quality of healthcare facilities and supplies, including medicines and other health products, for racial and ethnic groups, including undocumented pregnant women and gender-diverse persons within those groups; (d) Ensure that privatization does not decrease the level of the right to health previously enjoyed by groups subject to racial discrimination; (e) Ensure that preventative policies are designed with the best scientific evidence, free from racial bias and conflicts of interest; (f) Ensure a human rights impact assessment before the involvement of private actors in healthcare; any private actor involved in healthcare must positively contribute to, and not impede, the fulfilment of the right to health; (g) Ensure that environmental degradation by private actors does not disproportionately harm the enjoyment of the right to health among members of racial and ethnic groups by adopting environmental norms and policies, monitoring environmental risks on health, enforcing quality standards and ensuring sustainability in the management of natural resources; (h) Ensure that harmful practices do not affect access by members of racial and ethnic groups to prenatal and postnatal care and to abortion; (i) Prevent coercive practices by private actors, such as female genital mutilation, forced marriage and experimental health research; (j) Ensure that private actors do not restrict access to health-related information and participation; (k) Ensure that any restriction imposed by private actors on the right to privacy of racial and ethnic groups complies with the human rights principle of doing no harm; (l) Ensure the investigation of, and punish accordingly, any racially motivated conduct having the purpose or effect of harming the physical or mental integrity of persons protected under the Convention; (m) Ensure that private business enterprises, private health providers and other relevant organizations comply with the rights to equality and to non-discrimination;[[fn:117]] (n) Ensure that private actors: identify and assess actual or potential adverse impacts on the right to health based on race, colour, descent or national or ethnic origin with which they may be involved either through their own activities or as a result of their business relationships; integrate the findings from their assessments across relevant internal functions and processes, and take appropriate action; track the effectiveness of their response; and account for how they address their human rights impacts;[[fn:118]] (o) Ensure that companies pay particular attention to the data-related factors that may have a discriminatory purpose or effect and that companies submit to independent third-party audits of their artificial intelligence systems;[[fn:119]] (p) Ensure that where the risk of discrimination or other human rights violations has been assessed to be too high or impossible to mitigate, including because of the nature of the planned or foreseeable use by a State, private actors refrain from deploying artificial intelligence systems until they can ensure that the discriminatory outcome is mitigated effectively. Exposure and vulnerability to health risks owing to racial discrimination should be incorporated into ex ante and ex post assessments with the cooperation of a multidisciplinary team and an understanding of how racism and racial discrimination may be experienced; (q) Ensure that private actors, subject to their involvement, respond to and are accountable for harm caused in relation to the right to health. If the private actors caused the harm, they should cease the actions causing the harm and remedy the harm. If they contributed to harm caused by another party, they should cease the action contributing to the harm, seek to use or build leverage with the other party to prevent or mitigate the risk of future harm, and contribute to the remedy of the harm, including through compensation. If the private actors are only linked to harm they did not cause or contribute to, they should try to use or build their leverage to prevent or mitigate the risk of future harm by the other party but are not expected to contribute to the remedy; (r) Document cases of racial discrimination associated with health providers, including private actors, as well as related prevention measures, sanctions and remedies, and include information thereon in their reports to the Committee.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":116,"text":"A/HRC/53/50. See also A/HRC/49/35 and A/HRC/52/56."},{"n":117,"text":"Guiding Principles on Business and Human Rights, guiding principles 1–3. See also guiding principles 11 and 24."},{"n":118,"text":"Guiding principles 17–21."},{"n":119,"text":"See Toronto Declaration: Protecting the right to equality and non-discrimination in machine learning systems."}],"section":["III. Obligations and recommendations","C. Obligation to protect"]},{"id":"cerd-c-gc-37-0055","docId":"cerd-c-gc-37","idx":55,"n":55,"text":"55. The obligation to fulfil requires States, individually and through international assistance and cooperation, to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other positive measures for the full realization of the right to equality and freedom from racial discrimination in the enjoyment of the right to health. The immediate effect of obligations under the Convention and the International Covenant on Economic, Social and Cultural Rights (art. 2 (1) and (2)) requires States to design, adopt, implement and regularly assess deliberate, concrete and targeted measures, considering intersectionality, without delay.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","D. Obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"cerd-c-gc-37-0056","docId":"cerd-c-gc-37","idx":56,"n":56,"text":"56. States must encourage multidimensional representation of groups protected under the Convention within their own remit as health providers and experts and at the receiving end of healthcare. Specific indicators of representation must align with other international obligations on human rights, equality and non-discrimination, while reflecting the context and scope of the situation. States should promote, in their supply-chain policies and transactions with private entities, the representation of groups within the purview of the Convention as a measurable indicator of the quality of health.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","D. Obligation to fulfil","1. Representation"]},{"id":"cerd-c-gc-37-0057","docId":"cerd-c-gc-37","idx":57,"n":57,"text":"57. States should reduce barriers to the promotion, and ensure the training, of medical professionals from ethnic and racial groups experiencing discrimination to ensure representativeness across the hierarchy of seniority.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","D. Obligation to fulfil","1. Representation"]},{"id":"cerd-c-gc-37-0058","docId":"cerd-c-gc-37","idx":58,"n":58,"text":"58. Article 2 (1) (e) sets out the obligation of States parties to encourage, where appropriate, integrationist multiracial organizations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division. Integrationist multiracial organizations and movements should be understood as grass-roots, community civil society organizations that support the principles of the Convention. States should allocate resources to co-design intercultural health strategies with racial and ethnic groups and Indigenous Peoples at the community, regional or national levels.[[fn:120]] States should involve associations and communities and their representatives, including women, in designing and implementing health programmes and projects concerning racial and ethnic groups.[[fn:121]]","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":120,"text":"CERD/C/ECU/CO/19, para. 20; and CERD/C/GTM/CO/12-13, para. 13."},{"n":121,"text":"General recommendation No. 27 (2000), para. 34; and WHO, resolution WHA77.2."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","2. Participation, consultation and empowerment"],"citedArticles":[{"treaty":"CERD","article":"2","paragraph":"1","source":"regex"}]},{"id":"cerd-c-gc-37-0059","docId":"cerd-c-gc-37","idx":59,"n":59,"text":"59. Monitoring racial discrimination with an intersectional approach at the national level[[fn:122]] is an essential element of the implementation of the provisions in articles 2 (2) and 9 of the Convention. One of the fundamental obligations under the Convention is to provide all persons with the right to self-identify as belonging to a group[[fn:123]] and to be included in statistics and social surveys. Disaggregated data allows authorities to monitor the social determinants of health, and identify the impact of racial discrimination intersecting with gender and other inequalities. Such data should be collected voluntarily, anonymously, on the basis of self-identification and in accordance with human rights standards and principles, such as data protection regulations and privacy guarantees, including the human rights principle of doing no harm and guarantees regarding informed consent. Persons protected under the Convention should have access to information regarding the collection of their data, the use of such data and the outcomes of such use.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":122,"text":"Durban Programme of Action, paras. 92 and 110."},{"n":123,"text":"CERD/C/ZMB/CO/17-19, paras. 25 and 26."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","3. Monitoring racial inequalities"],"citedArticles":[{"treaty":"CERD","article":"2","paragraph":"2","source":"regex"},{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"cerd-c-gc-37-0060","docId":"cerd-c-gc-37","idx":60,"n":60,"text":"In cooperation with WHO and regional organizations and agencies, States should disaggregate data and make anonymized statistics available to racial and ethnic groups and the general public. States should adopt and implement a national health action plan and related policies to analyse and address racism and intersecting discrimination, including the root causes.[[fn:124]] States parties should: (a) Develop health information systems that collect disaggregated data; (b) Ensure that data collection efforts also support comprehensive public health monitoring;[[fn:125]] (c) Disaggregate data on a regular basis to ensure accountability; (d) Ensure support for the ministry of health and other ministries, including by seeking support from United Nations entities, in developing an intersectional lens in reporting processes under the Convention and other international human rights treaties.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":124,"text":"A/HRC/4/28, paras. 90–92."},{"n":125,"text":"WHO, World Report on the Health of Refugees and Migrants (2022), p. 211."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","3. Monitoring racial inequalities"]},{"id":"cerd-c-gc-37-0061","docId":"cerd-c-gc-37","idx":61,"n":61,"text":"61. States should adopt national health strategies and action plans, in consultation with relevant groups, in order to identify gaps, set out clear objectives, provide for special measures in accordance with article 2 (2) and ensure the coordination of all relevant authorities and effective budgeting. They should adopt and effectively implement wellresourced policies, including special measures, to improve the socioeconomic situation of racial and ethnic groups and Indigenous Peoples, including specific programmes for women, children, older persons and persons with disabilities, and to address deep-rooted discrimination.[[fn:126]] Specific health-related prevention programmes should target persons, including undocumented migrants, who are not covered by the public health insurance scheme.[[fn:127]] Applying a gender perspective in all policies and strategies for combating racial discrimination is fundamental to putting an end to the multiple and intersectional discrimination faced by Indigenous women, migrant women and women of African descent.[[fn:128]]","labels":["Indigenous peoples","Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":126,"text":"CERD/C/AUS/CO/18-20, para. 24; CERD/C/CHN/CO/14-17, paras. 28 and 29; CERD/C/ISR/CO/17-19, paras. 28–31; CERD/C/HUN/CO/18-25, para. 20; and CERD/C/LTU/CO/910, para. 18."},{"n":127,"text":"CERD/C/CZE/CO/12-13, para. 24; and general recommendation No. 30 (2004)."},{"n":128,"text":"CERD/C/GTM/CO/16-17, paras. 14 (c), 33 and 34. See also CERD/C/ISR/CO/17-19, paras. 32 and 33."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","4. Adopting and implementing national health action plans"],"citedArticles":[{"treaty":"CERD","article":"2","paragraph":"2","source":"regex"}]},{"id":"cerd-c-gc-37-0062","docId":"cerd-c-gc-37","idx":62,"n":62,"text":"62. States are strongly encouraged to coordinate support services effectively by promoting models of cooperation among authorities, communities and civil society organizations, equality bodies, national human rights institutions and private health providers. States should explore, as a mitigating special measure and in consultation with communities concerned, the possibility of providing healthcare support through mobile health clinics[[fn:129]] and providing specific health-related prevention programmes, comprehensive emergency healthcare and any care related to childbirth and children under the age of 5 free of charge for all.","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":129,"text":"CERD/C/MNG/CO/23-24, para. 24 (e)."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","4. Adopting and implementing national health action plans"]},{"id":"cerd-c-gc-37-0063","docId":"cerd-c-gc-37","idx":63,"n":63,"text":"63. States should regulate the use of artificial intelligence in all health-related sectors and ensure compliance with the prohibition of racial discrimination. Such systems should be deployed only with a clear objective to advance the enjoyment of the right to health for all without racial or any other discrimination. Before procuring or deploying such systems, States should adopt appropriate legislative, administrative and other measures to determine the purpose of their use, regulate the parameters of that use as accurately as possible, and provide guarantees that prevent and protect against racial discrimination. States should adopt a human rights-based approach to artificial intelligence that incorporates the elimination of racial discrimination at all stages and in all minimum standards.[[fn:130]] States should assess the potential human rights impact prior to deploying artificial intelligence in the area of health and should consider beginning with a pilot period under the supervision of an independent multidisciplinary oversight body that includes individuals who reflect the diverse composition of the population.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":130,"text":"High-Level Expert Group on Artificial Intelligence, “The assessment list for trustworthy artificial intelligence (ALTAI) for self-assessment” (2020)."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","4. Adopting and implementing national health action plans"]},{"id":"cerd-c-gc-37-0064","docId":"cerd-c-gc-37","idx":64,"n":64,"text":"64. In line with article 7 of the Convention, States parties should promote public awareness of and education on the prohibition of racial discrimination and the right to equality in the enjoyment of the right to health. This includes educating health providers, policymakers and the general public about the importance of addressing racial disparities in health and ensuring equal access to healthcare services for all.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","D. Obligation to fulfil","5. Education, training and public awareness"],"citedArticles":[{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"cerd-c-gc-37-0065","docId":"cerd-c-gc-37","idx":65,"n":65,"text":"States should: (a) Develop and offer anti-racism, anti-discrimination and cultural competency training for the members of the health workforce, at a minimum those in primary healthcare, including in humanitarian settlements, at the local, regional and national levels; (b) Ensure that persons experiencing intersecting forms of discrimination participate in developing and delivering the above-mentioned training, where possible. Hospitals, primary healthcare centres and social services should ensure that training is complemented by institutional interventions to limit decision-making discretion and increase oversight in areas vulnerable to stereotyping and biases; (c) Include human rights education as a mandatory course in the curricula of medical schools and ensure the provision of in-service training on intercultural health, discrimination-related health inequities and racism and exclusion, and on the role of health services in exacerbating and alleviating those inequities; (d) Encourage medical schools to review their curricula and identify bias and stereotyping in medical training approaches and materials; (e) Encourage medical schools to increase diversity and the representativeness of Indigenous Peoples, people of African descent, Roma and members of other ethnic groups, as applicable in the national context; (f) Encourage associations of health professionals to consider integrating human rights and anti-discrimination training into their membership policies, and support them in such efforts; (g) Conduct targeted awareness-raising campaigns to disseminate information about available health services and compulsory health insurance coverage requirements[[fn:131]] and prevent the spread of false or misleading information in digital and physical environments.","labels":["Indigenous peoples","Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":131,"text":"CERD/C/LTU/CO/9-10, para. 18 (d)."}],"section":["III. Obligations and recommendations","D. Obligation to fulfil","5. Education, training and public awareness"]},{"id":"cerd-c-gc-37-0066","docId":"cerd-c-gc-37","idx":66,"n":66,"text":"66. In accordance with article 6, States must assure to everyone within their jurisdiction effective protection and remedies against any acts of racial discrimination which violate his or her right to health, as well as the right to seek adequate reparation or satisfaction for any damage suffered as a result of such discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","E. Accountability"],"citedArticles":[{"treaty":"CERD","article":"6","source":"regex"}]},{"id":"cerd-c-gc-37-0067","docId":"cerd-c-gc-37","idx":67,"n":67,"text":"States should: (a) Establish effective and independent accountability mechanisms, both internal – in healthcare establishments – and external, and envisage disciplinary measures for misconduct; (b) Carry out periodic audits, with the help of independent experts, to identify gaps in internal policies and practices. Transparency regarding the outcomes of these procedures is strongly recommended, as it may strengthen accountability and the trust of individuals and communities; (c) Establish independent non-judicial accountability and grievance mechanisms with the competence to establish facts, and identify those responsible for acts or omissions constituting racial discrimination; (d) Establish non-judicial remedies co-designed with racial and ethnic groups and Indigenous Peoples; (e) Ensure the involvement of integrationist multiracial organizations and movements and include other means of eliminating barriers in accountability and redress mechanisms; (f) Adopt a victim-centred and community-driven approach and an intersectional lens; (g) Ensure, concerning any violation of the Convention that has resulted in harm, full reparation for the injury caused;[[fn:132]] (h) Adopt structural measures along with individual reparation; (i) As part of reparation, take positive measures, such as education and training, guarantees regarding participation, and empowerment of the community affected, to ensure compliance with the obligation breached.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":132,"text":"Pérez Guartambel v. Ecuador (CERD/C/106/D/61/2017), para. 6."}],"section":["III. Obligations and recommendations","E. Accountability"]},{"id":"cerd-c-gc-37-0068","docId":"cerd-c-gc-37","idx":68,"n":68,"text":"68. International cooperation in health is a key element in advancing equality and prohibiting racial discrimination. States should ensure consistency with their obligations under the Convention in the context of all organizations, including international and regional financial and development institutions. States should ensure effective and non-discriminatory access to preventive, curative and rehabilitative health facilities, goods, services and technologies. To this end, States must promote human rights-based development.[[fn:133]] States should not promote, condone or perpetuate policies and practices that establish or reinforce, and are not aimed at removing, barriers faced by groups exposed to racial discrimination in the enjoyment of the right to health.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":133,"text":"See A/HRC/54/50."}],"section":["III. Obligations and recommendations","F. International cooperation and development"]},{"id":"cerd-c-gc-37-0069","docId":"cerd-c-gc-37","idx":69,"n":69,"text":"69. To combat global health inequities among and within States, States parties should be guided by the principle of international solidarity through international cooperation, including by supporting proposals such as the proposal for a comprehensive temporary waiver on the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights, and taking all additional national and multilateral measures that would mitigate the disparate impact of these challenges and their socioeconomic consequences on groups and minorities protected under the Convention.[[fn:134]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"footnotes":[{"n":134,"text":"Statement 2 (2022) on the lack of equitable and non-discriminatory access to COVID-19 vaccines (A/77/18, para. 20)."}],"section":["III. Obligations and recommendations","F. International cooperation and development"]},{"id":"cerd-c-gc-37-0070","docId":"cerd-c-gc-37","idx":70,"n":70,"text":"70. States are strongly encouraged to include, in multilateral and bilateral agreements and other negotiations that have an impact on global health non-discrimination, clauses that are aligned with article 1 (1) of the Convention and that ensure equality in the enjoyment of the right to health for all ethnic and racial groups, including castes.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["III. Obligations and recommendations","F. International cooperation and development"],"citedArticles":[{"treaty":"CERD","article":"1","paragraph":"1","source":"regex"}]},{"id":"cerd-c-gc-37-0071","docId":"cerd-c-gc-37","idx":71,"n":71,"text":"71. States should disseminate the present general recommendation to all relevant authorities, and to racial and ethnic groups and Indigenous Peoples in their languages and other communication forms.","labels":["Indigenous peoples"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2024,"section":["IV. Dissemination of the general recommendation"]},{"id":"cmw-c-gc-1-0001","docId":"cmw-c-gc-1","idx":1,"n":1,"text":"1. Domestic work is an important occupation for millions of individuals, accounting for up to 10 per cent of total employment in some countries.[[fn:1]] The trend over the past decades has been a growing prevalence of migrants amongst domestic workers. Women make up the overwhelming majority of these workers.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":1,"text":"There is no accurate data on the number of domestic workers throughout the world, partly due to the high incidence of undeclared domestic work and the fact that national statistics often do not count domestic workers as a distinct category. However, such data as are available show that domestic work accounts for between 4 and 10 per cent of total employment in developing countries and between 1 and 2.5 per cent in industrialized countries. See International Labour Organization (ILO) (2009), “Decent Work for Domestic Workers”, Report IV(1), International Conference, 99th session, 2010."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0002","docId":"cmw-c-gc-1","idx":2,"n":2,"text":"2. Noting the omission of express references to either domestic work or domestic workers in a broad range of national and international frameworks of law, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (hereinafter referred to as the Committee), at its eleventh session in October 2009, resolved to issue a general comment in order to provide States with guidance on how to implement their obligations under the International Convention on the Protection of the Rights of All Migrant Workers and the Members of Their Families (hereinafter referred to as the Convention) with respect to migrant domestic workers. The Committee organized a Day of General Discussion on this subject on 14 October 2009, which generated strong participation by States, international organizations, non-governmental organizations (NGOs) and trade organizations, civil society and migrants, including a number of written perspectives and studies. This general comment draws upon those contributions as well as the Committee’s experience in reviewing with States parties their reports on the implementation of the Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0003","docId":"cmw-c-gc-1","idx":3,"n":3,"text":"3. As defined by the Convention, the term “migrant worker” refers to any person who “is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national”[[fn:2]]. Accordingly, the Convention expressly provides protection to migrant workers and their family members not only when the migrants are actually working, but “during the entire migration process of migrant workers and members of their families, which comprises preparation for migration, departure, transit and the entire period of stay and remunerated activity in the State of employment as well as return to the State of origin or the State of habitual residence”[[fn:3]].","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":2,"text":"Convention, art. 2. Article 3 of the Convention excludes from its scope of application a number of categories of workers, including certain employees of international organizations and of States, investors residing outside of their State of origin, whose status are regulated by general international law or specific agreements; students and trainees; and seafarers and workers on offshore installations who have not been admitted to take up residence and engage in a remunerated activity in the States of employment. Moreover, refugees and stateless persons are only included under the Convention if such application is provided in national legislation (art. 3(d))."},{"n":3,"text":"Convention, art. 1."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0004","docId":"cmw-c-gc-1","idx":4,"n":4,"text":"4. Depending on their administrative status under national immigration laws, some migrants are considered as documented or in a regular situation, while others are considered as non-documented or in an irregular situation. Just as the Convention delineates rights that apply to all migrant workers regardless of their status[[fn:4]], and then distinguishes further rights of migrants who are documented or in a regular situation[[fn:5]], this general comment shall refer to all migrant domestic workers, unless expressly indicated.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":4,"text":"Convention, Part III."},{"n":5,"text":"Convention, Part IV."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0005","docId":"cmw-c-gc-1","idx":5,"n":5,"text":"5. The terms “domestic work” or “domestic worker” have not yet been defined in any international instruments. However, drawing on common elements found in definitions set out in national legislation[[fn:6]], the Committee notes that the term “domestic worker” generally refers to a person who performs work within an employment relationship in or for other people’s private homes, whether or not residing in the household.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":6,"text":"See ILO (2009), “Decent Work for Domestic Workers”, report IV(1), International Conference, 99th session 2010; José Maria Ramirez-Machado, Domestic Work, Conditions of Work and Employment: A Legal Perspective, ILO (2003)."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0006","docId":"cmw-c-gc-1","idx":6,"n":6,"text":"6. The Committee considers that migrant domestic workers are included in the term \"migrant worker\" as defined in article 2, paragraph 2, of the Convention and that any distinction made to exclude migrant domestic workers from protection would constitute a prima facie violation of the Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction"],"citedArticles":[{"treaty":"CMW","article":"2","source":"regex"}]},{"id":"cmw-c-gc-1-0007","docId":"cmw-c-gc-1","idx":7,"n":7,"text":"7. Whereas many of the human rights issues and concerns identified in this general comment are relevant to all domestic workers, several issues and concerns are specific to the situation of domestic workers who are migrants. Generally, migrant domestic workers are at heightened risk of certain forms of exploitation and abuse. At the heart of their vulnerability is isolation and dependence, which can include the following elements: the isolation of life in a foreign land and often in a foreign language, far away from family; lack of basic support systems and unfamiliarity with the culture and national labour and migration laws; and dependence on the job and employer because of migration-related debt, legal status, practices of employers restricting their freedom to leave the workplace, the simple fact that the migrants’ workplace may also be their only shelter and the reliance of family members back home on remittances sent back from the domestic work. Women migrant domestic workers face additional risks related to their gender, including gender-based violence. These risks and vulnerabilities are further aggravated for migrant domestic workers who are non-documented or in an irregular situation, not least because they often risk deportation if they contact State authorities to seek protection from an abusive employer.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction"]},{"id":"cmw-c-gc-1-0008","docId":"cmw-c-gc-1","idx":8,"n":8,"text":"8. The vulnerability of migrant domestic workers does not begin and end in the workplace. Migrant domestic workers face risk throughout the migration cycle with a number of factors exposing them to violations of their human rights including those protected under the Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0009","docId":"cmw-c-gc-1","idx":9,"n":9,"text":"9. In many countries, recruitment agencies, labour brokers, and other intermediaries charge exorbitant fees to migrant domestic workers and do not provide accurate information, meaningful preparation for migrants before travel, or written contracts. In particular, migrants are often not provided with information on their rights and on avenues for reporting abuse. Some prospective migrant domestic workers are deceived by illegal recruitment agents and lured into paying for fraudulent visas or other documentation and non-existent jobs.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0010","docId":"cmw-c-gc-1","idx":10,"n":10,"text":"10. While transiting through foreign countries, women and girls are particularly at risk of being subjected to physical and sexual abuse by agents and intermediaries.","labels":["Women/girls","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0011","docId":"cmw-c-gc-1","idx":11,"n":11,"text":"11. Upon arrival the migrants are often left stranded with high levels of debt from their migration and without legal papers and employment, rendering them vulnerable to abuse and exploitation. Even where contracts had been signed pre-departure, many migrant domestic workers are compelled to sign new contracts upon arrival, nearly always for less pay and often for different work conditions of employment and abode than had been agreed upon or promised and often in a language they do not understand, without legal counselling, and under duress.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0012","docId":"cmw-c-gc-1","idx":12,"n":12,"text":"12. The withholding of passports by the employer is widespread, reinforcing isolation and dependence and restricting the movement of the migrant worker out of the house as well as out of the country.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0013","docId":"cmw-c-gc-1","idx":13,"n":13,"text":"In the workplace, many are subjected to abusive working conditions, including: (a) Partial and in many cases, total, restriction on movement outside the house and on communication with individuals outside the house, including with family members left behind; (b) Excessive and often undefined working hours. Especially for migrant live-in domestic workers, there is often an express or implied expectation of total availability, where the worker can be called on to work at any time; (c) Insufficient rest and leisure time. Many migrant domestic workers have no agreed leave day at all; others only have one day off per month and frequently any agreed “day off” is cancelled or changed arbitrarily by the employer; when the employer is on holiday, or the worker is ill, a practice of “no work – no pay” is applied. Others experience reprimands or threats of losing their jobs even where there are legitimate reasons for absence such as illness or personal/family emergencies; (d) Restrictions on their ability to travel even for essential family matters, such as serious illness or bereavement in the family; (e) Low salaries and late payment or non-payment of salaries. As a result of the absence or inapplicability in most countries of minimum wage laws for domestic workers, many migrant domestic workers are paid only a fraction of what other workers in comparable sectors receive, often without any traceable payments into bank accounts, or with salaries paid in kind; (f) Lack of social security protection, including sickness and family benefits and building pension rights; (g) Psychological, physical and sexual abuse and harassment from their employers as well as from recruitment agents or intermediaries; and (h) Inadequate, unsanitary and degrading living accommodations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0014","docId":"cmw-c-gc-1","idx":14,"n":14,"text":"14. The risk of abuse is heightened for child domestic workers, who make up a significant proportion of domestic workers. Their young age, isolation and separation from their families and peers, and near-total dependence on their employers exacerbate their vulnerability to violations of their rights under the Convention, including the basic right of access to education.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0015","docId":"cmw-c-gc-1","idx":15,"n":15,"text":"15. The prolonged absence of migrant domestic workers negatively affects the family unity, and the social and psychological wellbeing of members of their families and also often results in violations of the rights of their children who have remained in the country of origin.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0016","docId":"cmw-c-gc-1","idx":16,"n":16,"text":"16. Migrant domestic workers may encounter difficulties in reintegrating into the labour market and society in their countries of origin upon their return. They may also encounter difficulties related to the portability of pension and social security benefits.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0017","docId":"cmw-c-gc-1","idx":17,"n":17,"text":"17. Many migrants are unable to seek remedies for violations of their rights by employers because they are not entitled to stay in the country of employment once the employment relation has been terminated. As a result migrant domestic workers may for example return to the country of origin with less pay than they are due and with no possibility of seeking compensation and remedies. Those who return to their countries of origin in order to escape an abusive work relationship often have no access to support mechanisms and no possibility of seeking legal remedies.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","A. Problems faced by migrant domestic workers and members of their families"]},{"id":"cmw-c-gc-1-0018","docId":"cmw-c-gc-1","idx":18,"n":18,"text":"18. A wide body of international treaties articulate human rights, including labour rights, basic to all human beings, including all workers.[[fn:7]] In line with other human rights treaties, the protection against abusive and exploitative labour conditions afforded under the Convention extends to all migrant workers, irrespective of their migration status. In this regard, the Committee notes with concern that, at national level, major categories of law often ignore, or explicitly exclude domestic work and workers in ways that contribute to exploitative labour practices and limit avenues for legal redress in cases of violations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":7,"text":"The core international human rights treaties all contain standards and safeguards which are of relevance to the protection of migrant domestic workers. Several of the other human rights treaty- monitoring bodies have paid specific attention to the situation of migrants and migrant workers, including migrant domestic workers. See, in particular, Committee on the Elimination of Discrimination against Women, general recommendation No. 26 (2008) on women migrant workers; Committee on Economic and Social Rights, general comment No. 18 (2005) on the right to work; Committee on the Rights of the Child, general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin; Committee on the Elimination of Racial Discrimination, general recommendation No. 30 (2004) on discrimination against non citizens; Human Rights Committee, general comment No. 15 (1986) on the position of aliens under the Covenant."}],"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0019","docId":"cmw-c-gc-1","idx":19,"n":19,"text":"19. Labour law. In many countries, domestic workers are not legally recognized as “workers” entitled to labour protection. A number of premises and special definitions are used to exclude domestic workers from the protection of labour laws, including the consideration that they work for private persons, who are not considered to be “employers”. Equally, traditional perceptions of domestic work as tasks associated with unpaid work in the home performed by women and girls as well as traditional perceptions of domestic workers as either being “family helpers” often militate against the extension of national labour law to effectively cover domestic work. Because of their de facto and/or de jure, “unrecognized” status as “workers”, domestic workers are unable to exercise the rights and freedoms granted by labour law to other workers.","labels":["Women/girls","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0020","docId":"cmw-c-gc-1","idx":20,"n":20,"text":"20. Some national labour laws include protections for domestic work and workers, but exclude migrant domestic workers from some or all of these protections. For example, migrant domestic workers are often restricted in their ability to organize for their labour rights. In other cases where labour or other standards and protections apply both to domestic work and to migrant domestic workers, laws can bar monitoring and labour inspections in home settings.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0021","docId":"cmw-c-gc-1","idx":21,"n":21,"text":"21. Immigration law. Laws regulating the conditions of entry and stay in countries of employment are often a source of specific vulnerabilities for migrant domestic workers. Overly restrictive immigration laws may lead to higher numbers of migrant domestic workers who are non-documented or in an irregular situation, and thus particularly vulnerable to human rights violations. Even for workers with a documented or regular migration status, similar vulnerabilities arise where immigration laws tie their status to the continued sponsorship of specific employers. Consequently, migrant domestic workers may risk deportation if they try to escape an abusive employment relationship or seek legal remedies against their employers.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0022","docId":"cmw-c-gc-1","idx":22,"n":22,"text":"22. Under some countries’ laws regarding work permit and security bond conditions, women migrants, including domestic workers, who get pregnant or who are found to be HIV positive lose their permit. It is not uncommon for women migrant workers to be subjected to mandatory health testing related to sexual and reproductive health without consent or counselling.","labels":["Migrants","Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0023","docId":"cmw-c-gc-1","idx":23,"n":23,"text":"23. Contract law. National laws and regulations pertaining to contracts are often inapplicable to domestic work and/or domestic workers, either categorically or as a practical matter because domestic work is performed in the informal labour market.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0024","docId":"cmw-c-gc-1","idx":24,"n":24,"text":"24. Social security laws. Domestic workers, especially those who are migrants, are often excluded from rights under national law related to social security. The lack of social security benefits and of gender-sensitive health care coverage further increases the vulnerability of migrant domestic workers and their dependence on their employers.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0025","docId":"cmw-c-gc-1","idx":25,"n":25,"text":"25. Even if certain protections for migrant domestic workers are provided under national laws, there is often a gap between protections enjoyed by such workers in law and in practice. Some of the practical obstacles faced relate to the “hidden” nature of domestic work and factors preventing or deterring migrant domestic workers from claiming their rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0026","docId":"cmw-c-gc-1","idx":26,"n":26,"text":"26. A range of factors constitutive of domestic work itself, and even more so, of domestic work performed by migrants, hides abuses from view, and makes detection of protection needs difficult.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0027","docId":"cmw-c-gc-1","idx":27,"n":27,"text":"27. A number of factors make it difficult for migrant domestic workers to claim their rights and seek redress in case of violations, including the fact that: (a) Specific mechanisms available to receive and address complaints from domestic workers are often not available; (b) Migrant domestic workers often do not know to whom to address their labour problems or may be reluctant to contact the police or labour authorities out of fear of deportation. Language barriers and the costs of administrative and legal processes may be additional deterrents. (c) Migrant domestic workers who depend on their employers for their immigration status may not report abuse for fear of arrest, detention or deportation. In some countries, if the victim brings a formal complaint against the employer, he or she can neither seek alternative employment while the case is in court, nor leave the country for the duration of the case. These restrictions, and the long periods it may take for cases to be resolved, often lead to domestic workers choosing not to report complaints or withdrawing their cases in order to return home more quickly.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","B. Gaps in protection"]},{"id":"cmw-c-gc-1-0028","docId":"cmw-c-gc-1","idx":28,"n":28,"text":"28. For nationals considering whether to migrate for domestic work, States parties should take appropriate measures to disseminate information on their rights under the Convention as well as the conditions of their admission and employment and their rights and obligations under the law and practice of other States (article 33). Such awareness-raising could include:","labels":["Women/girls","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"33","source":"regex"}]},{"id":"cmw-c-gc-1-0029","docId":"cmw-c-gc-1","idx":29,"n":29,"text":"29. For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0030","docId":"cmw-c-gc-1","idx":30,"n":30,"text":"30. Where appropriate, States parties could also support pre-departure training offering:","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0031","docId":"cmw-c-gc-1","idx":31,"n":31,"text":"31. States of origin, States of transit and States of employment share the responsibility for regulating and monitoring recruitment and placement processes.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0032","docId":"cmw-c-gc-1","idx":32,"n":32,"text":"32. In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"64","source":"regex"},{"treaty":"CMW","article":"65","source":"regex"}]},{"id":"cmw-c-gc-1-0033","docId":"cmw-c-gc-1","idx":33,"n":33,"text":"33. In accordance with article 66, States parties have an obligation to effectively regulate and monitor labour brokers, recruitment agencies and other intermediaries to ensure that they respect the rights of domestic workers.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"66","source":"regex"}]},{"id":"cmw-c-gc-1-0034","docId":"cmw-c-gc-1","idx":34,"n":34,"text":"34. Agencies engaged in the movement of migrant domestic workers, whether in countries of origin, transit or employment, must be subject to authorization, approval and supervision by public authorities. This may take the form of formal, regular, transparent and State-regulated:","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0035","docId":"cmw-c-gc-1","idx":35,"n":35,"text":"35. States parties should establish specific criteria relating to migrant domestic workers’ rights and ensure that only those agencies observing these criteria and codes can continue to operate. Such criteria could usefully be established in consultations with migrant workers’ organizations themselves, non-governmental organizations working with migrant workers and with workers’ and employers’ organizations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0036","docId":"cmw-c-gc-1","idx":36,"n":36,"text":"36. Additionally, States parties are encouraged to adopt codes of conduct on the recruitment of migrant domestic workers, including specific rules governing fees and salary deductions, and to provide for appropriate penalties and sanctions to enforce them. States parties should ban recruitment fees charged to domestic workers, including through salary deductions.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0037","docId":"cmw-c-gc-1","idx":37,"n":37,"text":"37. The rights of migrant domestic workers should be dealt with within the larger framework of decent work for domestic workers. In this regard, the Committee considers that domestic work should be properly regulated by national legislation to ensure that domestic workers enjoy the same level of protection as other workers.[[fn:8]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":8,"text":"This recommendation is in line with Committee on Economic, Social and Cultural Rights general comment No. 18 (2005) on the right to work, para. 10."}],"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0038","docId":"cmw-c-gc-1","idx":38,"n":38,"text":"38. Accordingly, labour protections in national law should be extended to domestic workers to ensure equal protection under the law, including provisions related to minimum wages, hours of work, days of rest, freedom of association, social security protection, including with respect to maternity, pension rights and health insurance, as well as additional provisions specific to the circumstances of domestic work. In this regard, migrant domestic workers should enjoy treatment not less favourable than that which applies to nationals of the State of employment (article 25).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"25","source":"regex"}]},{"id":"cmw-c-gc-1-0039","docId":"cmw-c-gc-1","idx":39,"n":39,"text":"39. States should protect the right of migrant domestic workers to freedom of movement and residence, including by ensuring that migrant domestic workers are not required to live with their employers or stay in the house during their time off (article 39). States should also ensure that migrant domestic workers retain possession of travel and identity documents (article 21). In addition, States should take all necessary measures to promote a shift in public perceptions so that domestic work becomes widely recognized as work and domestic workers as workers with fundamental rights, including labour rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"39","source":"regex"},{"treaty":"CMW","article":"21","source":"regex"}]},{"id":"cmw-c-gc-1-0040","docId":"cmw-c-gc-1","idx":40,"n":40,"text":"40. States parties are encouraged to ensure that migrant domestic workers have explicit, written terms of employment, in a language they can understand, outlining their specific duties, hours, remuneration, days of rest, and other conditions of work, in contracts that are free, fair and fully consented to. In particular, States parties may wish to consider developing model or standard provisions for these purposes.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0041","docId":"cmw-c-gc-1","idx":41,"n":41,"text":"41. States parties should include provisions for monitoring mechanisms of the working conditions of migrant domestic workers in national legislation and strengthen labour inspection services to carry out such monitoring and to receive, investigate and address complaints of alleged violations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0042","docId":"cmw-c-gc-1","idx":42,"n":42,"text":"42. States parties should ensure that migrant domestic workers are granted access to social security benefits on the basis of equal treatment with nationals (article 27).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"27","source":"regex"}]},{"id":"cmw-c-gc-1-0043","docId":"cmw-c-gc-1","idx":43,"n":43,"text":"43. States should ensure effective access of all migrant domestic workers to any medical care urgently required to avoid irreparable harm to their health (article 28). Particular attention should be given to women migrant domestic workers with irregular status, who are especially vulnerable during pregnancy, as they are often afraid to contact public health services out of fear of deportation. States should not require public health institutions providing care to report data on the regular or irregular status of a patient to immigration authorities.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"28","source":"regex"}]},{"id":"cmw-c-gc-1-0044","docId":"cmw-c-gc-1","idx":44,"n":44,"text":"44. States should ensure that migrant domestic workers in a documented or regular situation enjoy equal treatment with nationals in relation to social and health services (article 43(1)(e)). Moreover, the Committee recalls the obligations assumed by States under other core international human rights treaties, notably the International Covenant on Economic, Social and Cultural Rights, to take appropriate measures towards ensuring to all persons within their jurisdiction, irrespective of their immigration status, the highest attainable standard of physical and mental health and medical care, services and attention in the event of sickness.[[fn:9]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":9,"text":"See International Covenant on Economic, Social and Cultural Rights, art. 12. As the Committee on Economic, Social and Cultural Rights underlines in its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, “The Covenant rights apply to everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation” (para. 30). See also Committee on the Elimination of All Forms of Racial Discrimination, general recommendation No. 30 (2004) on discrimination against non citizens."}],"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"ICESCR","article":"43","paragraph":"1","source":"regex"}]},{"id":"cmw-c-gc-1-0045","docId":"cmw-c-gc-1","idx":45,"n":45,"text":"45. The right to organize and to engage in collective bargaining is essential for migrant domestic workers to express their needs and defend their rights, in particular through trade unions (articles 26 and 40) and labour organizations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"26","source":"regex"},{"treaty":"CMW","article":"40","source":"regex"}]},{"id":"cmw-c-gc-1-0046","docId":"cmw-c-gc-1","idx":46,"n":46,"text":"46. The laws of States parties, particularly countries of employment of migrant domestic workers, should recognize the right of the latter to form and join organizations, regardless of migration status (article 26) and self-organization should be encouraged.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"26","source":"regex"}]},{"id":"cmw-c-gc-1-0047","docId":"cmw-c-gc-1","idx":47,"n":47,"text":"47. States parties are encouraged to provide migrant domestic workers with information about relevant associations that can provide assistance in the country/city of origin and employment.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0048","docId":"cmw-c-gc-1","idx":48,"n":48,"text":"48. States parties should take effective measures to ensure that migrant domestic workers are free to practise the religion or belief of their choice, as well as their freedom of expression, individually or in community with others, in public and in private, in accordance with articles 12 and 13 of the Convention and other international human rights standards (articles 12 and 13).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"12","source":"regex"},{"treaty":"CMW","article":"13","source":"regex"},{"treaty":"CMW","article":"12","source":"regex"},{"treaty":"CMW","article":"13","source":"regex"}]},{"id":"cmw-c-gc-1-0049","docId":"cmw-c-gc-1","idx":49,"n":49,"text":"49. States of employment should ensure that all migrant domestic workers have access to mechanisms for bringing complaints about violations of their rights (articles 18, paragraph 1, and 83). States parties should ensure that such complaints are investigated in an appropriate manner and within a reasonable period of time and that cases of violations are appropriately sanctioned. To facilitate access to redress mechanisms, States parties could for example designate a domestic workers’ Ombudsperson. States parties should also ensure that migrant domestic workers can obtain legal redress and remedies for violations of their rights by employers who enjoy diplomatic immunity under the Vienna Convention on Diplomatic Relations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"18","source":"regex"}]},{"id":"cmw-c-gc-1-0050","docId":"cmw-c-gc-1","idx":50,"n":50,"text":"50. In order to ensure effective access to justice and remedies for all migrant domestic workers, the Committee considers that migrant domestic workers should be able to access courts and other justice mechanisms without fear of being deported as a consequence, and that migrant domestic workers should have access to temporary shelter when needed due to the abusive circumstances of their employment. States parties are encouraged to consider time-bound or expedited legal proceedings to address complaints by migrant domestic workers. Moreover, States parties are encouraged to enter into bilateral agreements in order to ensure that migrants who return to their country of origin may have access to justice in the country of employment, including to complain about abuse and to claim unpaid wages and benefits.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0051","docId":"cmw-c-gc-1","idx":51,"n":51,"text":"51. With a view to preventing irregular migration as well as smuggling and human trafficking, States parties should ensure that migrant domestic workers have access to regular channels for migration based on actual demand (article 68).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"68","source":"regex"}]},{"id":"cmw-c-gc-1-0052","docId":"cmw-c-gc-1","idx":52,"n":52,"text":"52. States parties should take appropriate measures to address the extreme vulnerability of undocumented migrant domestic workers, especially women and children. In particular, States parties should consider policies, including regularization programmes, to avoid or resolve situations in which migrant domestic workers are undocumented or are at risk of falling into irregular status (article 69).","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"69","source":"regex"}]},{"id":"cmw-c-gc-1-0053","docId":"cmw-c-gc-1","idx":53,"n":53,"text":"53. States parties should avoid making the immigration status of migrant domestic workers conditional on the sponsorship or guardianship of a specific employer, since any such arrangement may unduly restrict the liberty of movement of migrant domestic workers (article 39) and increases their vulnerability to exploitation and abuse, including in conditions of forced labour or servitude (article 11).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"39","source":"regex"},{"treaty":"CMW","article":"11","source":"regex"}]},{"id":"cmw-c-gc-1-0054","docId":"cmw-c-gc-1","idx":54,"n":54,"text":"54. States parties shall take appropriate measures to protect the unity of the families of migrant domestic workers in a regular situation (article 44, paragraph 1). In particular, migrant domestic workers should have reasonable opportunities for family contact and family-related mobility, including opportunities to communicate with family left behind, travel to participate in essential family matters such as funerals, and, especially in the case of long-term migrants, to visit spouses and children in other countries. States parties should ensure that children separated from one or both parents are allowed to maintain direct contact with both parents on a regular basis.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"44","source":"regex"}]},{"id":"cmw-c-gc-1-0055","docId":"cmw-c-gc-1","idx":55,"n":55,"text":"55. Moreover, States parties should take appropriate measures with regard to migrant domestic workers in a regular situation to facilitate their reunification with their spouses and children (article 44, paragraph 2). In the event of the death of or divorce from a migrant worker with a regular status, States parties should favourably consider granting independent residence status to family members of that migrant worker (article 50).","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"44","source":"regex"},{"treaty":"CMW","article":"50","source":"regex"}]},{"id":"cmw-c-gc-1-0056","docId":"cmw-c-gc-1","idx":56,"n":56,"text":"56. In line with the Convention on the Rights of the Child and relevant International Labour Organization (ILO) instruments, States should ensure that migrant children do not perform any type of domestic work which is likely to be hazardous or harmful to their health or physical, mental, spiritual, moral or social development. States shall refrain from adopting policies aimed at recruiting domestic migrant children.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0057","docId":"cmw-c-gc-1","idx":57,"n":57,"text":"57. States parties shall ensure that all migrant children, independently of their migration status, have access to free and compulsory primary education as well as to secondary education on the basis of equality of treatment with nationals of the State concerned (article 30), and that the domestic work carried out by children does not interfere with their education. Schools should not be required to report data on the regular or irregular status of pupils to immigration authorities.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"30","source":"regex"}]},{"id":"cmw-c-gc-1-0058","docId":"cmw-c-gc-1","idx":58,"n":58,"text":"58. Children of migrant domestic workers shall be registered soon after birth, independently of the migration status of their parents, and be provided with birth certificates and other identity documents States should take all appropriate measures to ensure that children are not deprived of a nationality. (article 29)","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"29","source":"regex"}]},{"id":"cmw-c-gc-1-0059","docId":"cmw-c-gc-1","idx":59,"n":59,"text":"59. States parties should eliminate discriminatory policies and practices that deny or restrict the rights of children of migrant domestic workers, notably their right to health and education (articles 28 and 30).","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"28","source":"regex"},{"treaty":"CMW","article":"30","source":"regex"}]},{"id":"cmw-c-gc-1-0060","docId":"cmw-c-gc-1","idx":60,"n":60,"text":"60. As noted by the Committee on the Elimination of All Forms of Discrimination against Women, the position of female migrants is different from that of male migrants with regard to, inter alia, the migration channels used, the sectors of the labour market where they are employed, the forms of abuse they suffer and the consequences and impact thereof.[[fn:10]] Recognizing that most domestic workers are women and girls and taking into consideration traditional roles, the gendered labour market, the universal prevalence of gender-based violence and the worldwide feminization of poverty and labour migration, States should incorporate a gender perspective in efforts to understand their specific problems and develop remedies to the gender-based discrimination that they face throughout the migration process.","labels":["Migrants","Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"footnotes":[{"n":10,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 26 (2008) on women migrant workers, para. 5."}],"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0061","docId":"cmw-c-gc-1","idx":61,"n":61,"text":"61. States parties should repeal sex-specific bans and discriminatory restrictions on women’s migration on the basis of age, marital status, pregnancy or maternity status (articles 1 and 7), including restrictions that require women to get permission from their spouse or male guardian to obtain a passport or to travel (article 8) or bans on women migrant domestic workers marrying nationals or permanent residents (article 14), or securing independent housing. States parties should also repeal discriminatory laws, regulations and practices related to HIV, including those which result in the loss of work visas based on HIV status, and ensure that medical testing of migrant domestic workers, including tests for pregnancy or HIV, is only done voluntarily and subject to informed consent.","labels":["Migrants","Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"1","source":"regex"},{"treaty":"CMW","article":"7","source":"regex"},{"treaty":"CMW","article":"8","source":"regex"},{"treaty":"CMW","article":"14","source":"regex"}]},{"id":"cmw-c-gc-1-0062","docId":"cmw-c-gc-1","idx":62,"n":62,"text":"62. While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0063","docId":"cmw-c-gc-1","idx":63,"n":63,"text":"63. Embassies and consulates of countries of origin are encouraged to cooperate with each other to identify abusive recruitment agencies and to promote appropriate protection policies for migrant domestic workers.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0064","docId":"cmw-c-gc-1","idx":64,"n":64,"text":"64. In the case of detention of a migrant domestic worker or a member of his or her family, the person shall be contacted by the embassies or consulates concerned with a view to arranging visits by the relevant consular officials in consultation with the State of employment. (articles 16, paragraph 7, and 23).","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-1-0065","docId":"cmw-c-gc-1","idx":65,"n":65,"text":"65. The Committee emphasizes the importance of genuine consultations with migrant domestic workers and civil society organizations in the development and implementation of legislative and other measures related to migrant domestic workers and the protection of their rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-1-0066","docId":"cmw-c-gc-1","idx":66,"n":66,"text":"66. States parties should include in their reports information about efforts to monitor the situation of migrant domestic workers, including through the provision of statistical data, and to protect their rights under the Convention, keeping in mind the recommendations contained in the present general comment.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2011,"section":["I. Introduction","C. Recommendations to States parties"]},{"id":"cmw-c-gc-2-0001","docId":"cmw-c-gc-2","idx":1,"n":1,"text":"International sources estimate that between 10 and 15 per cent of the world’s international migrants are in an irregular situation, although the very nature of irregular migration makes it difficult to find reliable data on the scale of this phenomenon. While the economies of developing countries cannot absorb the large numbers of young men and, increasingly, women, seeking employment, population decline and ageing have reduced the labour force in developed countries, thereby generating a demand for low and middle-skilled migrant workers in many sectors of the economy. However, that demand has not been matched by a corresponding increase in regular migration channels. As a result, employers often resort to migrant workers in an irregular situation to fill the gaps.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":1,"text":"International Labour Office, International Labour Migration: A rights-based approach (2010), p. 32."}]},{"id":"cmw-c-gc-2-0002","docId":"cmw-c-gc-2","idx":2,"n":2,"text":"As a deterrent for migrant workers and members of their families in an irregular situation to enter or stay on their territory, States increasingly resort to repressive measures, such as criminalization of irregular migration, administrative detention and expulsion. Criminalization of irregular migration fosters and promotes public perceptions that migrant workers and members of their families in an irregular situation are “illegal”, second-class individuals, or unfair competitors for jobs and social benefits, thereby fuelling anti-immigration public discourses, discrimination and xenophobia. Moreover, migrant workers and members of their families in an irregular situation generally live in fear of being reported to the immigration authorities by public service providers or other officials, or by private individuals, which limits their access to fundamental human rights, as well as their access to justice, and makes them more vulnerable to labour and other types of exploitation and abuse.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0003","docId":"cmw-c-gc-2","idx":3,"n":3,"text":"The term “migrant workers in an irregular situation” is defined in article 5 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (the Convention), which specifies that migrant workers or members of their families are considered as non-documented or in an irregular situation if they are not authorized to enter, to stay or to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which it is a party.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"5","source":"regex"}]},{"id":"cmw-c-gc-2-0004","docId":"cmw-c-gc-2","idx":4,"n":4,"text":"The Committee is of the view that the term “in an irregular situation” or “non-documented” is the proper terminology when referring to their status. The use of the term “illegal” to describe migrant workers in an irregular situation is inappropriate and should be avoided as it tends to stigmatize them by associating them with criminality.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":2,"text":"See General Assembly resolution 3449, para. 2."}]},{"id":"cmw-c-gc-2-0005","docId":"cmw-c-gc-2","idx":5,"n":5,"text":"5. The situation of migrant workers may be irregular either because they have entered the State of employment in an unauthorized way and are thus not authorized to stay, reside or work in that State, or because they overstay the period or otherwise violate the conditions of their authorized stay. Regular migrants may also lose their status through no fault of their own due to illness or other unforeseen circumstances affecting them or family members. The Committee emphasizes that whatever the modalities of their stay, migrant workers can never be deprived of their fundamental rights, as protected under Part III of the Convention, by virtue of their irregular situation.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0006","docId":"cmw-c-gc-2","idx":6,"n":6,"text":"6. Part III of the Convention protects the rights of all migrant workers and members of their families, including those in an irregular situation. Most of the rights protected in Part III are common to a host of international human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Among the civil and political rights protected in Part III, the right of migrant workers to liberty and security of person (art. 16) and the right of migrant workers deprived of their liberty to be treated with humanity (art. 17) have been contextualized, taking into account the situation of this group of rights-holders. Specific rights of migrant workers that are either not explicitly protected in other human rights treaties include their protection against unauthorized confiscation or destruction of personal documents (art. 21), procedural safeguards in individual expulsion proceedings (art. 22) and the right to have recourse to consular or diplomatic protection and assistance (art. 23). Among the economic, social and cultural rights of all migrant workers, the right to respect for their cultural identity (art. 31) and the right to transfer their earnings and savings upon termination of their stay in the State of employment (art. 32) are Convention-specific. In addition, Part III provides for information rights (art. 33) and affirms the obligation of all migrant workers and members of their families to comply with the laws of the State of employment or transit (art. 34).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"article":"16","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 16 of CMW — liberty and security of person of migrant workers. Text explicitly states 'the right of migrant workers to liberty and security of person (art. 16)'. Home treaty CMW."},{"article":"17","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 17 of CMW — right of deprived-of-liberty migrant workers to be treated with humanity. Explicitly stated '(art. 17)'."},{"article":"21","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 21 of CMW — protection against unauthorized confiscation of documents. Explicitly '(art. 21)'."},{"article":"22","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 22 of CMW — procedural safeguards in expulsion proceedings. Explicitly '(art. 22)'."},{"article":"23","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 23 of CMW — right to consular/diplomatic assistance. Explicitly '(art. 23)'."},{"article":"31","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 31 of CMW — right to respect for cultural identity. Explicitly '(art. 31)'."},{"article":"32","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 32 of CMW — right to transfer earnings. Explicitly '(art. 32)'."},{"article":"33","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 33 of CMW — information rights. Explicitly '(art. 33)'."},{"article":"34","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Article 34 of CMW — obligation to comply with laws of State of employment. Explicitly '(art. 34)'."}]},{"id":"cmw-c-gc-2-0007","docId":"cmw-c-gc-2","idx":7,"n":7,"text":"7. The Committee notes that the Convention provides only for a minimum standard of protection. Article 81, paragraph 1, states that nothing shall prevent States parties from granting more favourable rights or freedoms than those set out in the Convention to migrant workers and members of their families, including those in an irregular situation, by virtue of the law and practice of, or any bilateral or multilateral treaty in force for, the State party concerned. The Committee is of the view that a State’s obligation under the Convention must be read with respect to the core human rights treaties and other relevant international instruments to which it is a party. Although separate and freestanding, these treaties are complementary and mutually reinforcing.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"81","source":"regex"}]},{"id":"cmw-c-gc-2-0008","docId":"cmw-c-gc-2","idx":8,"n":8,"text":"8. The rights guaranteed to migrants in an irregular situation in other international human rights treaties often have a wider scope than their counterparts in Part III of the Convention. These treaties also contain additional rights. The rights guaranteed in those treaties generally apply to everyone, including migrants and other non-nationals, without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including immigration status.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0009","docId":"cmw-c-gc-2","idx":9,"n":9,"text":"9. For example, the International Covenant on Civil and Political Rights provides for a wider scope of protection regarding the right of peaceful assembly, the right to freely enter marriage and to equality of rights and responsibilities of spouses, the right of every child to special protection, the right to equality before the law and equal protection of the law, and minority rights. In addition, other rights enshrined in the Covenant apply to all migrant workers, whether in a regular or an irregular situation, such as the right to form associations and trade unions and the right to protection of the family, whereas the Convention makes a distinction between migrant workers in a regular situation and those in an irregular situation. Both the Covenant and the Convention protect the right to freedom of movement and to free choice of residence of migrants insofar as they are lawfully within the territory of a State party.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0010","docId":"cmw-c-gc-2","idx":10,"n":10,"text":"10. Similarly, the International Covenant on Economic, Social and Cultural Rights also provides for a broader range of rights, including the right to strike, the right to freely enter marriage, the right to maternity protection, the right to special protection of children and adolescents, the right to an adequate standard of living including adequate food and clothing, and certain cultural rights. The Convention does not provide for such rights only in relation to migrant workers in a regular situation. In addition, the Covenant recognizes the rights to work, to vocational guidance and training, to form trade unions, to protection of the family, to housing, and to participate in cultural life. The Convention recognizes these rights in relation to migrant workers in a regular situation and members of their families. In addition, most of the economic, social and cultural rights in Part III of the Convention have a narrower scope than their counterparts in the Covenant.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0011","docId":"cmw-c-gc-2","idx":11,"n":11,"text":"11. Regional human rights treaties protect all migrants against refoulement[[fn:3]] and collective expulsion.[[fn:4]] However, the procedural safeguards in individual expulsion proceedings in regional human rights treaties apply only to migrants who are lawfully within the territory of a State party.[[fn:5]] The rights protected in the European Social Charter apply to “foreigners only insofar as they are nationals of other Contracting Parties lawfully resident or working regularly within the territory of the Contracting Party concerned”, or to migrant workers and their families “lawfully within their territories”.[[fn:6]] The opinions of the European Committee of Social Rights, however, have held that the European Social Charter also applies to vulnerable categories of undocumented migrant children. Moreover, the right to education is guaranteed to all migrant children, regardless of their migration status, in all regional human rights systems.[[fn:7]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":3,"text":"See European Convention on Human Rights (ECHR), art. 3; American Convention on Human Rights (ACHR), art. 22, para. 8; and African Charter on Human and Peoples’ Rights (ACHPR), art. 5."},{"n":4,"text":"See Protocol No. 4 to ECHR, art. 4; ACHR, art. 22(9); ACHPR, art. 12(5); and Arab Charter on Human Rights (Arab Charter), art. 26(1)."},{"n":5,"text":"See Protocol No. 7 to ECHR, art. 1; ACHR, art. 22(6); ACHPR, art. 12(4); and the Arab Charter, art. 26(2)."},{"n":6,"text":"European Social Charter, arts. 19(4-9), and the appendix."},{"n":7,"text":"See Protocol No. 1 to ECHR, art. 2 (read in conjunction with art. 14 of ECHR); ACHPR, art. 17(1); and African Charter on the Rights and Welfare of the Child, art. 11. See also the case law of the European Committee of Social Rights on art. 17(2) of the revised European Social Charter and the jurisprudence of the Inter-American Court of Human Rights on art. 19 of ACHR."}]},{"id":"cmw-c-gc-2-0012","docId":"cmw-c-gc-2","idx":12,"n":12,"text":"12. International labour standards adopted by the International Labour Conference of the International Labour Organization (ILO) apply to migrant workers, including those in an irregular situation, unless otherwise stated. The fundamental principles and rights at work set out in the eight fundamental ILO Conventions[[fn:8]] apply to all migrant workers, irrespective of their nationality and migration status. The 1998 ILO Declaration on fundamental principles and rights at work and its follow-up requires all ILO member States to promote and realize the principles concerning the fundamental rights enshrined in these Conventions. A number of other ILO standards of general application and those containing specific provisions on migrant workers in the areas of employment, labour inspection, social security, protection of wages, occupational safety and health, as well as in such sectors as agriculture, construction, hotels and restaurants, and domestic work, are of particular importance to migrant workers in an irregular situation.[[fn:9]] Lastly, in formulating national laws and policies concerning labour migration and the protection of migrant workers in an irregular situation, States are also guided by ILO Convention No. 97 (1949) concerning Migration for Employment (Revised), [[fn:10]]Convention No. 143 (1975) concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Supplementary Provisions), and the accompanying Recommendations Nos. 86 and 151.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":8,"text":"Conventions No. 29 (1930) concerning Forced Labour; No. 105 (1957) concerning the Abolition of Forced Labour; No. 138 (1973), concerning Minimum Age for Admission to Employment; No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; No. 87 (1948) concerning the Freedom of Association and Protection of the Right to Organize; No. 98 (1949) concerning the Right to Organize and Collective Bargaining; No. 100 (1951) concerning Equal Remuneration; and No. 111 (1958) concerning Discrimination (Employment and Occupation)."},{"n":9,"text":"For example, ILO Conventions Nos. 19, 81, 95, 110, 121, 129, 131, 155, 167, 172, 181, 184, 189, 200 and 201."},{"n":10,"text":"While Convention No. 97 in principle only applies to migrant workers lawfully within the territory of a State, it contains certain provisions requiring States parties to take measures that have the effect of preventing migrant workers from falling into an irregular situation."}]},{"id":"cmw-c-gc-2-0013","docId":"cmw-c-gc-2","idx":13,"n":13,"text":"13. The Convention strikes a balance between the sovereign power of States parties to control their borders and to regulate the entry and stay of migrants workers and members of their families, on the one hand, and the protection of the rights, under Part III of the Convention, of all migrant workers and members of their families, including those in an irregular situation, on the other. This balance is reflected in article 79 of the Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"79","source":"regex"}]},{"id":"cmw-c-gc-2-0014","docId":"cmw-c-gc-2","idx":14,"n":14,"text":"14. Article 34 of the Convention states that nothing in Part III of the Convention shall have the effect of relieving migrant workers and members of their families from either the obligation to comply with the laws and regulations of any State of transit and the State of employment or the obligation to respect the cultural identity of the inhabitants of those States. The obligation to comply with the laws and regulations of the State of employment or any State of transit comprises a duty to refrain from any hostile act directed against national security, public order (ordre public) or the rights and freedom of others.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"34","source":"regex"}]},{"id":"cmw-c-gc-2-0015","docId":"cmw-c-gc-2","idx":15,"n":15,"text":"15. Article 35 of the Convention clarifies that the fact that Part III protects the rights of all migrant workers and members of their families, irrespective of their migration status, cannot be interpreted as implying the regularization of the situation of migrant workers or members of their families in an irregular situation or any right to such regularization. While States parties have no obligation to regularize the situation of migrant workers or members of their families, they shall take appropriate measures, whenever migrant workers or members of their families within their territory are in an irregular situation, to ensure that such a situation does not persist (art. 69, para. 1). States parties shall therefore consider the possibility of regularizing the situation of such persons in each individual case, in accordance with applicable national legislation and bilateral or multilateral agreements, taking into account the circumstances of their entry, the duration of their stay and other relevant considerations, in particular those relating to their family situation (art. 69, para. 2). When States parties provide for the regularization of migrant workers in their national legislation, they must ensure that all migrant workers and members of their families in an irregular situation have non-discriminatory and effective access to such regularization procedures and that those procedures are not applied in an arbitrary manner (arts. 7 and 69).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"35","source":"regex"},{"treaty":"CMW","article":"69","source":"regex"},{"treaty":"CMW","article":"69","source":"regex"}]},{"id":"cmw-c-gc-2-0016","docId":"cmw-c-gc-2","idx":16,"n":16,"text":"16. The Committee recalls that regularization is the most effective measure to address the extreme vulnerability of migrant workers and members of their families in an irregular situation.[[fn:11]] States parties should therefore consider policies, including regularization programmes, for avoiding or resolving situations whereby migrant workers and members of their families are in, or are at risk of falling into, an irregular situation (art. 69, para. 1).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":11,"text":"Committee’s general comment No. 1 (2011) on migrant domestic workers, para. 52."}],"citedArticles":[{"treaty":"CMW","article":"69","source":"regex"}]},{"id":"cmw-c-gc-2-0017","docId":"cmw-c-gc-2","idx":17,"n":17,"text":"17. States parties shall cooperate in promoting sound, equitable, humane and lawful conditions for international migration (art. 64, para. 1). Coordinated policies, which ensure that migrant workers and members of their families have access to regular channels for migration, based on actual or projected labour market needs – at all skills levels – and resources (art. 64, para. 2), are an important element of such cooperation. By making regular channels of migration available, States parties also contribute to the aim of preventing and eliminating illegal or clandestine movements and employment of migrant workers in an irregular situation (art. 68).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"64","source":"regex"},{"treaty":"CMW","article":"64","source":"regex"},{"treaty":"CMW","article":"68","source":"regex"}]},{"id":"cmw-c-gc-2-0018","docId":"cmw-c-gc-2","idx":18,"n":18,"text":"18. The principle of non-discrimination is central to all international human rights instruments and to the Charter of the United Nations. Article 7 of the Convention explicitly includes nationality among the prohibited grounds of discrimination. Treaty bodies have also interpreted the prohibition of discrimination to include non-nationals, such as migrant workers, regardless of legal status and documentation.[[fn:12]] The rights in Part III of the Convention also apply to all migrant workers and members of their families, including those in an irregular situation. Therefore, any differential treatment based on nationality or migration status amounts to discrimination unless the reasons for such differentiation are prescribed by law, pursue a legitimate aim under the Convention, are necessary in the specific circumstances, and proportionate to the legitimate aim pursued.[[fn:13]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":12,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 30."},{"n":13,"text":"See Human Rights Committee, general comment No. 18 (1989) on non-discrimination, para. 13; and Committee on Economic, Social and Cultural Rights, general comment No. 20 on the right to education, para. 13."}],"citedArticles":[{"article":"7","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Article 7 of the Convention explicitly includes nationality among the prohibited grounds of discrimination', referring to CMW article 7."}]},{"id":"cmw-c-gc-2-0019","docId":"cmw-c-gc-2","idx":19,"n":19,"text":"19. Article 7 requires States parties “to respect and to ensure” to all migrant workers and members of their families without discrimination the rights provided for in the Convention. Article 7 does not provide an autonomous right. Its application is limited to those rights of migrant workers and members of their families in an irregular situation that are protected in the Convention, and in particular Part III. Article 7 covers both de jure and de facto discrimination. In this context, de jure refers to discrimination that exists in the law, and de facto refers to discrimination that exists in fact or has an effect even though not formally or legally recognized. States parties shall respect the prohibition of discrimination by ensuring that their laws, regulations and administrative practices do not discriminate against migrant workers and members of their families. The Committee is of the view that merely addressing de jure discrimination will not ensure de facto equality. Therefore, States parties shall protect the rights under the Convention for all migrant workers by adopting positive measures to prevent, diminish and eliminate the conditions and attitudes which cause or perpetuate de facto discrimination against them.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"7","source":"regex"},{"treaty":"CMW","article":"7","source":"regex"},{"treaty":"CMW","article":"7","source":"regex"}]},{"id":"cmw-c-gc-2-0020","docId":"cmw-c-gc-2","idx":20,"n":20,"text":"20. Article 7 prohibits both direct and indirect discrimination against migrant workers. In line with the jurisprudence of other international human rights mechanisms, indirect discrimination against migrant workers occurs when a law, policy or practice appears neutral at face value, but has a disproportionate impact on their rights. For example, requiring birth certificates for school enrolment may disproportionately affect migrant workers in an irregular situation, who often do not possess, or have been denied, such certificates.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"7","source":"regex"}]},{"id":"cmw-c-gc-2-0021","docId":"cmw-c-gc-2","idx":21,"n":21,"text":"21. Migrant workers in an irregular situation, particularly women, are at increased risk of ill-treatment and other forms of violence at the hands of both private actors, including employers, and State officials which includes sexual violence, beatings, threats, psychological abuse, and denial of access to medical care, for example. Under article 16, paragraph 2, States parties have an obligation to protect all migrant workers and members of their families against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions. This obligation requires States parties to:","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0022","docId":"cmw-c-gc-2","idx":22,"n":22,"text":"22. States parties are also required to take effective measures to fight all manifestations of racism, xenophobia or related intolerance against migrant workers and members of their families, especially those in an irregular situation, such as hate crimes, incitement to hatred and hate speech, including by politicians and in the media, and to raise public awareness about the criminal nature of such acts as well as to promote respect for migrant workers’ human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0023","docId":"cmw-c-gc-2","idx":23,"n":23,"text":"23. Article 16 protects the right of migrant workers and members of their families to liberty and security of person (para. 1), and provides that identity controls of migrant workers must comply with the procedure established by law (para. 3). Article 16, paragraph 4, complements article 9, paragraph 1, of the International Covenant on Civil and Political Rights, adding that migrant workers and members of their families shall not be subjected “individually or collectively” to arbitrary arrest or detention. In order not to be arbitrary, arrest and detention of migrant workers and members of their families, including those in an irregular situation, must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances and proportionate to the legitimate aim pursued.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"ICCPR","article":"16","source":"regex"},{"treaty":"ICCPR","article":"16","source":"regex"},{"treaty":"ICCPR","article":"9","source":"regex"}]},{"id":"cmw-c-gc-2-0024","docId":"cmw-c-gc-2","idx":24,"n":24,"text":"24. The Committee considers that crossing the border of a country in an unauthorized manner or without proper documentation, or overstaying a permit of stay does not constitute a crime. Criminalizing irregular entry into a country exceeds the legitimate interest of States parties to control and regulate irregular migration, and leads to unnecessary detention. While irregular entry and stay may constitute administrative offences, they are not crimes per se against persons, property or national security.[[fn:14]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":14,"text":"See report of the Special Rapporteur on the human rights of migrants to the Human Rights Council (A/HRC/20/24), para. 13."}]},{"id":"cmw-c-gc-2-0025","docId":"cmw-c-gc-2","idx":25,"n":25,"text":"25. Although article 16, paragraph 4, does not define the permissible grounds for detention, it states that migrant workers and members of their families shall not be deprived of their liberty, except on such grounds and in accordance with such procedures as are established by law. Furthermore detention must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances, and proportionate to the legitimate aim pursued.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0026","docId":"cmw-c-gc-2","idx":26,"n":26,"text":"26. In the Committee’s view, any custodial or non-custodial measure restricting the right to liberty must be exceptional and always based on a detailed and individualized assessment. Such assessment should consider the necessity and appropriateness of any restriction of liberty, including whether it is proportional to the objective to be achieved. The principle of proportionality requires States parties to detain migrant workers only as a last resort, and to give preference to less coercive measures, especially non-custodial measures, whenever such measures suffice to achieve the objective pursued. In all such cases, the least intrusive and restrictive measure possible in each individual case should be applied.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0027","docId":"cmw-c-gc-2","idx":27,"n":27,"text":"27. Administrative detention of migrants that is initially lawful and non-arbitrary may become arbitrary if it continues beyond the period for which a State party can provide proper justification. To prevent such a situation from occurring, a maximum period of administrative detention shall be established by law, upon expiry of which a detainee must be automatically released in the absence of such justification. Administrative detention must never be unlimited or of excessive length. The justification for keeping a migrant worker detained shall be reviewed periodically to prevent prolonged and unjustified detention, which would be considered arbitrary. Preventive detention of migrant workers often leads to prolonged detention based on vague criteria. Therefore, such detention should be imposed only following an individual assessment in each case and for the shortest time possible, in compliance with all procedural safeguards provided for in article 16 of the Convention. In cases where an expulsion order cannot be executed for reasons beyond the detained migrant worker’s control, he or she shall be released in order to avoid potentially indefinite detention.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0028","docId":"cmw-c-gc-2","idx":28,"n":28,"text":"28. Article 16, paragraph 5, requires States parties to inform migrant workers and members of their families who are arrested of the reasons for their arrest at the time of arrest and, as far as possible, in a language they understand. Moreover, they must be promptly informed of the charges against them in a language they understand. In order to comply with this obligation, States parties should consider preparing standard notification forms, containing, inter alia, information on available remedies, in the languages that are most frequently used or understood by migrant workers in an irregular situation in the State party concerned. Such standard notification forms, however, should be complementary to the issuance of a detention order containing factual information and the legal grounds pertaining to the arrest.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0029","docId":"cmw-c-gc-2","idx":29,"n":29,"text":"29. Under article 16, paragraph 6, the guarantees of certain rights of migrant workers and members of their families in custody and pretrial detention are applicable to anyone suspected of committing or having committed a crime.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0030","docId":"cmw-c-gc-2","idx":30,"n":30,"text":"30. Article 16, paragraph 7, provides for the right of migrant workers who are deprived of their liberty to communicate with the consular or diplomatic authorities of their State of origin or those of a State representing the interests thereof. It also requires State parties to:","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0031","docId":"cmw-c-gc-2","idx":31,"n":31,"text":"31. In order to enable detained migrant workers to avail themselves effectively of the rights under (c) above, States parties shall provide the relevant information without delay, that is, upon or shortly after admission to the facility where they are deprived of their liberty and preferably in a language they understand. In relation to (a) above, the Committee emphasizes that the detaining State shall only contact the said authorities if this is explicitly requested by the detained migrant worker. In particular, migrant workers with potential protection needs shall not be brought to the attention of the said authorities without their knowledge and consent.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0032","docId":"cmw-c-gc-2","idx":32,"n":32,"text":"32. Article 16, paragraph 8, provides for the right of all migrant workers and members of their families who are deprived of their liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of their detention. If the court finds that the detention is unlawful, it must order the release of the detained migrant worker. The Committee considers that mandatory detention of migrant workers and members of their families in an irregular situation is incompatible with article 16, paragraph 8, if the possibility of judicial review is confined to a formal assessment of whether the migrant worker concerned entered the State party without a valid entry permit, without the possibility of release if the detention is incompatible with article 16, paragraph 4.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"},{"treaty":"CMW","article":"16","source":"regex"},{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0033","docId":"cmw-c-gc-2","idx":33,"n":33,"text":"33. The Committee considers that anyone arrested and detained solely for immigration purposes should be brought promptly before a judge or other officer authorized by law to exercise judicial power to review the lawfulness of the arrest and/or detention and the continued necessity of such arrest or detention; and to order unconditional release and/or less coercive measures, if warranted. Further reviews of the continued necessity and lawfulness of the detention should be carried out at regular intervals by a judge or other officer authorized by law to exercise judicial power. The burden of proof must rest on the detaining authorities to demonstrate that the presumption in favour of liberty should be displaced. The migrant worker must have access to legal representation and advice, if necessary free of charge, to challenge the lawfulness of detention. Children, and in particular unaccompanied or separated children, should never be detained solely for immigration purposes.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0034","docId":"cmw-c-gc-2","idx":34,"n":34,"text":"34. Article 16, paragraph 8, of the Convention provides for the right of migrant workers attending such proceedings to an interpreter, if necessary, without cost to them, if they cannot understand or speak the language used. In the Committee’s view, States parties should take effective measures to ensure that all migrant workers held in migration detention centres, including those who opt for voluntary repatriation, are properly informed of their rights in a language they understand, especially with regard to their rights to consular assistance, to challenge the lawfulness of their detention and/or to release, to request asylum and to receive information about protection measures available to victims or witnesses of trafficking in persons.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0035","docId":"cmw-c-gc-2","idx":35,"n":35,"text":"35. Article 16, paragraph 9, provides for an enforceable right to compensation for migrant workers and members of their families who have been victims of unlawful arrest or detention. This right does not depend on a violation of article 16. It is sufficient that the arrest or detention be found unlawful under national or international law. States parties shall ensure that the right to compensation can be effectively enforced before the competent domestic authority. States parties must also ensure that migrant workers and members of their families are not expelled while their claim is being considered.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"},{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-2-0036","docId":"cmw-c-gc-2","idx":36,"n":36,"text":"36. In accordance with article 17, paragraph 1, of the Convention, States parties have an obligation to treat migrant workers and members of their families who are deprived of their liberty with humanity, and with respect for their inherent dignity and cultural identity. In order to respect the inherent dignity of migrant workers and members of their families who are deprived of their liberty, States parties are obliged to ensure adequate conditions in line with applicable international standards, including the provision of adequate sanitary, bathing and shower facilities; adequate food (including appropriate food for those observing religious dietary laws) and drinking water; the right to communicate with relatives and friends; access to qualified medical personnel, and adequate opportunities to practise their faith, for example. It also requires States parties to ensure that they are not subjected to any form of inhumane treatment, including sexual violence and abuse, by guards or other detainees or inmates. States parties must therefore:","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0037","docId":"cmw-c-gc-2","idx":37,"n":37,"text":"37. Article 17, paragraph 2, of the Convention provides that accused migrant workers and members of their families shall be separated from convicted persons and shall be subjected to a regime appropriate to their status as persons who have not been convicted of a crime. In addition, accused juveniles shall be separated from adults and brought as speedily as possible for adjudication.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0038","docId":"cmw-c-gc-2","idx":38,"n":38,"text":"38. Article 17, paragraph 3, underlines the non-punitive nature of administrative detention. It provides for migrant workers or members of their families who are detained for violation of provisions relating to migration to be held, insofar as is practicable, separately from convicted persons or pretrial detainees. Given that such detention can last for an extended period, migrant detainees should be kept in special facilities that are specifically designed for that purpose. Moreover, migrant workers and members of their families should not be subjected to any greater restriction or severity than is necessary to ensure safe custody and good order. The Committee is of the view that States parties should look for alternatives to administrative detention and that administrative detention should only be used as a last resort.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0039","docId":"cmw-c-gc-2","idx":39,"n":39,"text":"39. The Committee considers that administrative detention of migrant workers should, as a rule, take place in public establishments. Privately run migrant detention centres pose particular difficulties in terms of monitoring. States parties cannot absolve themselves of their human rights obligations by contracting out the detention of persons to private commercial enterprises. If States parties delegate such functions to private companies, they must ensure respect for the rights of detained migrant workers, as provided for under article 17 of the Convention. States parties must ensure that detention centre personnel are trained in human rights, cultural sensitivity, and age and gender considerations.","labels":["Migrants","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0040","docId":"cmw-c-gc-2","idx":40,"n":40,"text":"40. Article 17, paragraph 4, underscores the essential aim of the criminal justice system, which is to reform and rehabilitate offenders. Juvenile offenders must be separated from adults and treated appropriately for their age and legal status, and pursuant to international standards, including the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0041","docId":"cmw-c-gc-2","idx":41,"n":41,"text":"41. Article 17, paragraph 5, guarantees detained and imprisoned migrant workers and members of their families the same rights as nationals with regard to visits by their family members. If the law of a State party grants certain visitation rights, such as direct contact with visiting family members, to nationals who are deprived of their liberty, it must ensure equal rights for detained or imprisoned migrant workers, including those in an irregular situation. States parties shall eliminate de facto discrimination against detained migrant workers by removing practical barriers to their equal enjoyment of visitation rights, such as detention in a remote location, making access difficult for family members.","labels":["Migrants","Persons living in rural/remote areas","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0042","docId":"cmw-c-gc-2","idx":42,"n":42,"text":"42. Article 17, paragraph 6, requires States parties to pay attention to the problems that deprivation of liberty may pose for family members, in particular spouses and minor children. In such cases, the Committee is of the view that States parties should seek alternatives to administrative detention, as administrative detention often has dire consequences, both economically and psychologically, for spouses and children.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0043","docId":"cmw-c-gc-2","idx":43,"n":43,"text":"43. Article 17, paragraph 7, contains a specific non-discrimination clause providing for detained or imprisoned migrant workers and members of their families to enjoy the same rights as nationals of the State of employment or transit who are in the same situation. This provision has the effect of extending additional procedural safeguards, over and above those contained in article 17, to detained migrant workers, such as the right to communicate with the outside, including by telephone, access to health professionals and to education, if also provided to nationals.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"},{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0044","docId":"cmw-c-gc-2","idx":44,"n":44,"text":"44. This provision also raises the issue of family detention. As a general rule, children and families with children should not be detained and States parties should always give priority to alternatives to detention where children and families are concerned. When family detention is unavoidable, detention of children shall be used “only as a measure of last resort and for the shortest appropriate period of time”, in accordance with article 37, paragraph (b), of the Convention on the Rights of the Child. Moreover, the primary consideration in all actions concerning children shall be the best interest of the child standard, as laid down in article 3, paragraph 1, of the Convention on the Rights of the Child. States parties shall ensure that children in detention are treated with humanity and respect for the inherent dignity of the human person and in an age-appropriate manner and are provided with all legal safeguards (Convention on the Rights of the Child, art. 37). States parties shall therefore provide living quarters that are suitable for children and provide adequate access to education, play and leisure facilities, and, in the case of children detained with their parents, in special family units. Children should not be separated from their parents against their will except when such separation is necessary for the best interests of the child (Convention on the Rights of the Child, art. 9, para. 1). Unaccompanied children should be appointed a legal guardian who should be entrusted with the duty to care for the child outside of detention facilities.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"cmw-c-gc-2-0045","docId":"cmw-c-gc-2","idx":45,"n":45,"text":"45. States parties must also take into consideration the special situation of women migrant workers in detention. States parties must ensure separate facilities for men and women, ensure the provision of gender-specific health care services, and also provide for the specific needs of pregnant women, breastfeeding mothers and mothers with young children. States should avoid detaining women migrant workers in the final months of pregnancy or if they are nursing. The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) provide useful guidelines for States in these situations.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0046","docId":"cmw-c-gc-2","idx":46,"n":46,"text":"46. Detention can be particularly damaging to vulnerable categories of migrant workers, impacting negatively on their physical and mental health. These migrant workers and members of their families may include victims of torture, unaccompanied older persons, persons with disabilities and persons living with HIV/AIDS. Special measures should be taken to protect vulnerable people deprived of their liberty, including access to adequate health services, medication and counselling. Moreover, migrant workers with disabilities and members of their families with disabilities should be provided with “reasonable accommodation”[[fn:15]] to ensure their right to enjoy their human rights and fundamental freedoms on an equal basis with others.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":15,"text":"Convention on the Rights of Persons with Disabilities, art. 2."}]},{"id":"cmw-c-gc-2-0047","docId":"cmw-c-gc-2","idx":47,"n":47,"text":"47. With regard to article 17, paragraph 8, the Committee considers that detention “for the purpose of verifying any infraction of provisions related to migration” covers the entire duration of administrative detention, and that, consequently, migrant workers and members of their families subjected to administrative detention shall not bear any costs arising therefrom.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0048","docId":"cmw-c-gc-2","idx":48,"n":48,"text":"48. Considering that migrant workers deprived of their liberty are in a particularly vulnerable situation due to their predicament and the uncertainty of the circumstances, the Committee is convinced of the importance of independent monitoring in preventing torture and other forms of ill-treatment and abuse. National human rights institutions, relevant civil society actors, the Office of the United Nations High Commissioner for Refugees (UNHCR), the International Committee of the Red Cross and the Office of the High Commissioner for Human Rights should have broad access to all places of detention where migrants are or may be detained.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0049","docId":"cmw-c-gc-2","idx":49,"n":49,"text":"49. Article 22 of the Convention prohibits collective expulsion and provides procedural safeguards in individual expulsion proceedings with respect to both regular and irregular migrant workers and members of their families. While article 22 regulates only the procedure and not the substantive grounds of expulsion, its purpose is to prevent arbitrary expulsions and to provide substantive protection against expulsions in certain situations. Article 22 applies to all procedures aimed at the obligatory departure of migrant workers whether described in national law as expulsion or otherwise.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0050","docId":"cmw-c-gc-2","idx":50,"n":50,"text":"50. The principle of non-refoulement, as contained in international and regional human rights and refugee law, is the prohibition on forcibly removing anyone, in any manner whatsoever, to a country or territory where they would be at real risk of persecution or serious human rights violations or abuses. In the view of the Committee, this principle covers the risk of torture and cruel, inhuman or degrading treatment or punishment, including inhumane and degrading conditions of detention for migrants or lack of necessary medical treatment in the country of return, as well as the risk to the right to life (arts. 9 and 10 of the Convention). It also applies to situations where individuals would not be protected from onward refoulement. The Committee is of the view that migrants and members of their families should be protected in cases where expulsions would constitute arbitrary interference with the right to family and private life. Migrants and members of their families in an irregular situation with international protection needs should also be protected against expulsion.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"9","source":"grammar"},{"treaty":"CMW","article":"10","source":"grammar"}]},{"id":"cmw-c-gc-2-0051","docId":"cmw-c-gc-2","idx":51,"n":51,"text":"51. Article 22, paragraph 1, of the Convention explicitly prohibits collective expulsion and requires that each case of expulsion be examined and decided individually. States parties have an obligation to ensure that their expulsion procedures provide sufficient guarantees to ensure that the personal circumstances of each migrant worker are genuinely and individually taken into account. This obligation extends to all spaces over which a State party exercises effective control, which may include vessels on the high seas.[[fn:16]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":16,"text":"See European Court of Human Rights, Hirsi Jamaa and Others v. Italy, Application No. 27765/09 (23 February 2012)."}],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0052","docId":"cmw-c-gc-2","idx":52,"n":52,"text":"52. Article 22, paragraph 2, seeks to prevent arbitrary expulsions by allowing only those carried out “in pursuance of a decision taken by the competent authority in accordance with law.” Article 22, paragraph 3, provides for the decision on expulsion to be communicated to the migrant worker concerned in a language he or she understands and, upon his or her request where not otherwise mandatory, in writing and with reasons, save in exceptional circumstances on grounds of national security. These rights are important to ensure due process, by enabling migrant workers to prepare their arguments with regard to such a decision. The right of the persons concerned to be informed of these rights before, or, at the latest, at the time the decision is rendered, serves the same purpose.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0053","docId":"cmw-c-gc-2","idx":53,"n":53,"text":"53. The right of a person to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority (art. 22, para. 4), includes the right to seek a stay of the decision of expulsion pending review of the said decision. While a stay of decision does not regularize the status of the person concerned for the time of the proceedings, it prevents the State party from expelling him or her before a final decision is rendered. In accordance with article 83 of the Convention, States parties are obliged to provide an effective remedy, including the right to review by a competent authority for migrant workers and their family members, whose rights and freedoms as recognized in the Convention have been violated. The Committee notes that migrant workers and members of their families must be given adequate time and facilities to pursue such a remedy against expulsion so as to ensure the effectiveness of their right to review. Such facilities should include the right to legal assistance and the assistance of an interpreter, if necessary, and be free of charge, if the circumstances of the case so require. The competent authority reviewing the decision of expulsion should ideally be a court. The right to appeal expulsion under article 22, paragraph 4, of the Convention may only be restricted for “compelling reasons of national security”.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"83","source":"regex"},{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0054","docId":"cmw-c-gc-2","idx":54,"n":54,"text":"54. Article 22, paragraph 5, states that if an expulsion decision that has already been executed is subsequently annulled, the person concerned has the right to seek compensation according to law. The expelling State shall ensure that the expelled person has the necessary facilities to pursue his or her compensation claim from abroad, for example, by appointing a legal representative. Furthermore, the expelling State may not invoke the earlier (annulled) decision to deny the person concerned re-entry into its territory.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0055","docId":"cmw-c-gc-2","idx":55,"n":55,"text":"55. Article 22, paragraph 6, provides for the person concerned by an expulsion decision to have a reasonable opportunity before or after departure to settle any claims for wages and other entitlements due to him or her and any pending liabilities. This provision echoes article 9, paragraph 1, of ILO Convention No. 143 (1975) concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Supplementary Provisions). The opportunity to settle claims, wages and other benefits must be effective in practice. Migrant workers often encounter problems pursuing legal claims in the State of employment once they have returned to their State of origin, including high litigation costs or difficulties providing evidence. Therefore, States parties should, whenever possible, grant migrant workers and their family members a reasonable period of time prior to their expulsion to claim wages and benefits. States parties should also consider time-bound or expedited legal proceedings to address such claims by migrant workers. In addition, States parties should conclude bilateral agreements so that migrant workers who return to their State of origin may have access to justice in the State of employment to file complaints about abuse and to claim unpaid wages and benefits.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"9","source":"regex"}]},{"id":"cmw-c-gc-2-0056","docId":"cmw-c-gc-2","idx":56,"n":56,"text":"56. Article 22, paragraph 7, provides for migrant workers and members of their families who are subject to an expulsion decision to seek entry into a State other than their State of origin, without prejudice to the execution of the expulsion decision. The exercise of this choice on the part of the migrant worker and family members is subject to the consent of the third State.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-2-0057","docId":"cmw-c-gc-2","idx":57,"n":57,"text":"57. Article 22, paragraph 8, provides that migrant workers and members of their families shall be exempt from bearing the costs of their expulsion. The expelling State may require that they pay their own travel costs, but migrant workers must not be required to pay the costs of the legal proceedings leading to their expulsion or the costs of their administrative detention (see also art. 17, para. 8). However, the Committee notes that migrant workers who are in an irregular situation not of their own making, for example, redundancy before expiry of a contract or where an employer failed to complete the necessary formalities, should not be responsible for the costs of expulsion, including travel costs.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"17","source":"regex"}]},{"id":"cmw-c-gc-2-0058","docId":"cmw-c-gc-2","idx":58,"n":58,"text":"58. Article 22, paragraph 9, complements article 22, paragraph 6, and article 25, paragraph 3, stating that migrant workers and family members should not be deprived of their acquired rights, such as the right to receive wages and “other entitlements,” including social security benefits or reimbursement of contributions made with respect to such benefits. States parties should therefore ensure that migrant workers and members of their families have access to information on the amount of their accrued social security benefits prior to their expulsion.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"22","source":"regex"},{"treaty":"CMW","article":"25","source":"regex"}]},{"id":"cmw-c-gc-2-0059","docId":"cmw-c-gc-2","idx":59,"n":59,"text":"59. Article 23 of the Convention provides for migrant workers and members of their families subject to an expulsion decision to be informed without delay of their right, and to have recourse to the protection and assistance of the consular or diplomatic authorities of their State of origin. It also requires the authorities of the expelling State to facilitate the exercise of this right. Accordingly, the expelling State shall inform the person concerned without delay of this right, that is, at the time of or shortly after notifying the person of the expulsion decision and preferably in a language he or she understands. It shall facilitate any communication between the person concerned and the consular or diplomatic authorities of the State of origin.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"23","source":"regex"}]},{"id":"cmw-c-gc-2-0060","docId":"cmw-c-gc-2","idx":60,"n":60,"text":"60. Article 11 of the Convention requires States parties to take effective measures against all forms of forced or compulsory labour by migrant workers.[[fn:17]] This includes debt bondage, passport retention, and illegal confinement, for example. Article 21 obliges States parties to ensure that employers and recruiters do not confiscate or destroy travel or identity documents belonging to migrant workers.[[fn:18]] States parties should provide training to law enforcement officers, and ensure that occupations dominated by migrant workers, especially women migrant workers, such as domestic work[[fn:19]] and some forms of entertainment, are protected by labour laws and subject to inspections. [[fn:20]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":17,"text":"ILO Convention No. 29 (see Note 8 above)."},{"n":18,"text":"See Committee’s general comment No. 1 (2011) on migrant domestic workers, para. 39."},{"n":19,"text":"ILO Convention No. 189 (2011) concerning Decent Work for Domestic Workers."},{"n":20,"text":"See Committee’s general comment No. 1 (2011) on migrant domestic workers, para. 41."}],"citedArticles":[{"treaty":"CMW","article":"11","source":"regex"},{"treaty":"CMW","article":"21","source":"regex"}]},{"id":"cmw-c-gc-2-0061","docId":"cmw-c-gc-2","idx":61,"n":61,"text":"61. Article 25, paragraph 1 (b), of the Convention provides that laws and regulations on the minimum age of employment shall equally apply to migrant children. The minimum age shall not be less than 15 years, in accordance with article 2 of ILO Convention No. 138 (1973) concerning Minimum Age for Admission to Employment. Furthermore, in accordance with article 11 of the Convention, States parties are obliged to ensure that child migrant workers shall be protected from any form of slavery, prostitution or work that would jeopardize their education, safety, morals and health, such as long hours of work.[[fn:21]] States parties must protect child migrant workers from violence and ensure their rights to education, leisure and occupational health.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":21,"text":"ILO Convention No. 182 (see Note 8 above)."}],"citedArticles":[{"treaty":"CMW","article":"25","source":"regex"},{"treaty":"CMW","article":"2","source":"regex"},{"treaty":"CMW","article":"11","source":"regex"}]},{"id":"cmw-c-gc-2-0062","docId":"cmw-c-gc-2","idx":62,"n":62,"text":"62. Article 25, paragraph 1, provides for migrant workers, irrespective of their status, to enjoy equal treatment to that of nationals in respect of remuneration, other conditions of work and terms of employment.[[fn:22]] While States parties may refuse migrant workers who do not have work permits access to their labour markets, once an employment relationship has been initiated and until it is terminated, all migrant workers, including those in an irregular situation, are entitled to equal conditions of work and terms of employment. The conditions of work and terms of employment listed in article 25, paragraph 1(a) and (b), are non-exhaustive examples. The equal treatment principle also covers any other matter that, according to national law and practice, is considered a working condition or term of employment, such as maternity protection.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":22,"text":"ILO Convention No. 111 (1958) concerning Discrimination (Employment and Occupation)."}],"citedArticles":[{"treaty":"CMW","article":"25","source":"regex"},{"treaty":"CMW","article":"25","source":"regex"}]},{"id":"cmw-c-gc-2-0063","docId":"cmw-c-gc-2","idx":63,"n":63,"text":"63. States parties should require employers to explicitly state in contracts that are free, fair and fully consented to, the terms of employment for migrant workers, including those in an irregular situation, in a language they understand, outlining their specific duties, hours of work, remuneration, days of rest and other conditions of work.[[fn:23]] They should take effective measures against non-payment of wages, delay in payment until departure, transfer of wages into accounts that are inaccessible to migrant workers, or payment of lower wages to migrant workers, especially those in an irregular situation, than to nationals. States parties should also step up inspections of places where migrant workers are routinely employed and instruct labour inspectorates not to share data concerning the migration status of migrant workers with immigration authorities,[[fn:24]] as their primary duty is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, in accordance with article 3, paragraph 1 (a), of ILO Convention No. 81 (1947) concerning Labour Inspection in Industry and Commerce.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":23,"text":"See Committee’s general comment No. 1 (2011) on migrant domestic workers, paras. 38 and 40."},{"n":24,"text":"Ibid, paras. 41 and 49-50."}],"citedArticles":[{"treaty":"CMW","article":"3","source":"regex"}]},{"id":"cmw-c-gc-2-0064","docId":"cmw-c-gc-2","idx":64,"n":64,"text":"64. Article 25 provides for equality in treatment regarding remuneration and other conditions of work between nationals and migrants and also guarantees this right in private employment contracts, notwithstanding the status of the migrant worker. Article 25, paragraph 3, states that employers shall not be relieved of any legal or contractual obligations, nor shall their obligations be limited in any manner by reason of any irregularity in the stay or employment of migrant workers. States parties shall provide for appropriate sanctions for employers who derogate from the principle of equality of treatment in private employment contracts with migrant workers in an irregular situation, and ensure that those migrant workers have access to labour courts or other judicial remedies when their rights are violated and without fear of being deported (art. 83).[[fn:25]] To give effect to this provision, the Committee is of the view that States parties shall also put in place an effective monitoring system for workplaces, especially in industries known to be employing migrant workers in an irregular situation.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":25,"text":"Ibid., paras. 49-50."}],"citedArticles":[{"treaty":"CMW","article":"25","source":"regex"},{"treaty":"CMW","article":"25","source":"regex"},{"treaty":"CMW","article":"83","source":"regex"}]},{"id":"cmw-c-gc-2-0065","docId":"cmw-c-gc-2","idx":65,"n":65,"text":"65. The right to organize and to engage in collective bargaining is essential for migrant workers to express their needs and defend their rights, in particular through trade unions.[[fn:26]] Article 26 of the Convention sets out the right of all migrant workers to join trade unions and other associations protecting their interests. Article 26 does not provide for protection of the right to form trade unions. This provision, however, read together with other international human rights instruments, may create broader obligations for States parties to both instruments. For example, article 2 of ILO Convention No. 87 (1948) concerning Freedom of Association and Protection of the Rights to Organise, and article 22, paragraph 1, of the International Covenant on Civil and Political Rights, both apply to migrant workers in an irregular situation. Article 26 also protects their right to participate in meetings and activities, and to seek the assistance, of trade unions and any other associations established in accordance with law. States parties shall ensure these rights, including the right to collective bargaining, encourage self-organization among migrant workers, irrespective of their migration status, and provide them with information about relevant associations that can provide assistance.[[fn:27]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":26,"text":"Ibid, para. 45."},{"n":27,"text":"Ibid, paras. 46-47."}],"citedArticles":[{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"22","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"}]},{"id":"cmw-c-gc-2-0066","docId":"cmw-c-gc-2","idx":66,"n":66,"text":"66. With regard to article 26, paragraph 2, the Committee notes that similar limitations can be found in article 8, paragraph 1(a), of the International Covenant on Economic, Social and Cultural Rights and in article 22, paragraph 2, of the International Covenant on Civil and Political Rights. It refers to the jurisprudence of the relevant treaty bodies for the purposes of interpreting what constitute permissible restrictions under article 26, paragraph 2, of the Convention.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"article":"26","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text states 'article 26, paragraph 2' referring to CMW art. 26 (right to organize and collective bargaining). Home treaty CMW, explicitly named."},{"article":"8","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 8, paragraph 1(a), of the International Covenant on Economic, Social and Cultural Rights' — ICESCR art. 8 (trade union rights). Regex defaulted to CMW."},{"article":"22","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 22, paragraph 2, of the International Covenant on Civil and Political Rights' — ICCPR art. 22 (freedom of association). Regex defaulted to CMW."},{"article":"26","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'article 26, paragraph 2, of the Convention' — CMW art. 26(2) (permissible restrictions)."}]},{"id":"cmw-c-gc-2-0067","docId":"cmw-c-gc-2","idx":67,"n":67,"text":"67. With respect to social security, article 27, paragraph 1, of the Convention provides that all migrant workers and members of their families shall have the right to the same treatment granted to nationals of the State of employment, insofar as they fulfil the requirements provided for by the applicable legislation of that State and the applicable bilateral and multilateral treaties. When a State party enacts legislation providing for the payment of a social benefit, whether conditional or not on the prior payment of contributions, and if the migrant worker concerned fulfils the requirements provided for in such legislation, it cannot arbitrarily exclude him or her from that benefit or limit his or her access to such benefit, as the prohibition of discrimination applies to the right to social security. Accordingly, any distinction based on nationality or migration status must be prescribed by law, pursue a legitimate aim under the Convention, be necessary in the specific circumstances, and be proportionate to the legitimate aim pursued.[[fn:28]] While States parties enjoy a certain margin of discretion in assessing whether and to what extent differences in otherwise similar situations justify different treatment, they must explain how such different treatment, based exclusively on nationality or migration status, is compatible with articles 7 and 27.[[fn:29]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":28,"text":"See note 19 above, Koua Poirrez v. France, Application No. 40892/98 (30 December 2003), para. 39."},{"n":29,"text":"Ibid., Gaygusuz v. Austria, Application No. 17371/90 (16 September 1996), para. 42."}],"citedArticles":[{"treaty":"CMW","article":"27","source":"regex"},{"treaty":"CMW","article":"7","source":"regex"},{"treaty":"CMW","article":"27","source":"regex"}]},{"id":"cmw-c-gc-2-0068","docId":"cmw-c-gc-2","idx":68,"n":68,"text":"68. Article 27, paragraph 1, provides that migrant workers’ right to social security is subject to the applicable bilateral and multilateral treaties and that the competent authorities of the State of origin and the State of employment can at any time establish the necessary arrangements to determine the modalities of the application of this benefit. As recommended in the ILO Multilateral Framework on Labour Migration, States parties should consider entering into bilateral, regional or multilateral agreements to provide social security coverage and benefits, as well as portability of social security entitlements, to migrant workers, including, as appropriate, to those in an irregular situation.[[fn:30]] However, article 27, paragraph 1, cannot be interpreted as depriving migrant workers of benefits to which they would otherwise be entitled under the applicable legislation of the State of employment, merely because that State has not signed a reciprocity agreement with their State of origin.[[fn:31]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":30,"text":"ILO, “ILO Multilateral Framework on Labour Migration, Non-binding principles and guidelines for a rights-based approach to labour migration”, (Geneva, 2006), guideline 9.9."},{"n":31,"text":"See note 19 above, Koua Poirrez v. France, para. 39."}],"citedArticles":[{"treaty":"CMW","article":"27","source":"regex"},{"treaty":"CMW","article":"27","source":"regex"}]},{"id":"cmw-c-gc-2-0069","docId":"cmw-c-gc-2","idx":69,"n":69,"text":"69. Article 27, paragraph 2, states that where the applicable legislation does not allow migrant workers and members of their families a benefit, the State party concerned shall examine the possibility of reimbursing them the amount of contributions made by them with respect to that benefit on the basis of equality of treatment with nationals. In this respect, States parties shall provide objective reasons in each case in which the reimbursement of the said contributions is deemed impossible. A decision not to reimburse contributions made by a migrant worker or family member must not discriminate on the basis of his or her nationality or migration status. Furthermore, the Committee considers that a migrant worker’s entitlement to social security benefits should not be affected by a change in workplace.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"CMW","article":"27","source":"regex"}]},{"id":"cmw-c-gc-2-0070","docId":"cmw-c-gc-2","idx":70,"n":70,"text":"70. The reference to “contributions” in article 27, paragraph 2, does not imply that “social security,” under article 27, paragraph 1, refers only to contributory social security schemes. Such a narrow reading would be contrary to article 9 of the International Covenant on Economic, Social and Cultural Rights, which recognizes “social security” as “including social insurance.” Recalling that article 9 of the Covenant applies to all migrant workers, regardless of their legal status and documentation, the Committee considers that “social security” in article 27 of the Convention also covers existing non-contributory social benefits, and that migrant workers in an irregular situation shall have access to such benefits on a non-discriminatory basis, to the extent that the applicable legislation of the State party concerned provides for such an entitlement.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"treaty":"ICESCR","article":"27","source":"regex"},{"treaty":"ICESCR","article":"27","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"},{"treaty":"ICESCR","article":"27","source":"regex"}]},{"id":"cmw-c-gc-2-0071","docId":"cmw-c-gc-2","idx":71,"n":71,"text":"71. The Committee considers that in cases of extreme poverty and vulnerability, States parties should provide emergency social assistance to migrant workers in an irregular situation and members of their families, including emergency services for persons with disabilities, for as long as they might require it. It recalls that even if many migrant workers in an irregular situation do not participate in contributory schemes, they contribute to financing social protection schemes and programmes by paying indirect taxes.[[fn:32]]","labels":["Migrants","Persons living in poverty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":32,"text":"See report of the United Nations High Commissioner for Human Rights to the Economic and Social Council (E/2010/89), para. 46."}]},{"id":"cmw-c-gc-2-0072","docId":"cmw-c-gc-2","idx":72,"n":72,"text":"72. Article 28 of the Convention provides for migrant workers and members of their families to have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals. Article 28, however, read together with other international human rights instruments, may create broader obligations for States parties to both instruments. Article 12 of the International Covenant on Economic, Social and Cultural Rights provides for the right to the highest attainable standard of health for all persons. States parties are therefore obliged to ensure that all persons, irrespective of their migration status, have effective access to at least a minimum level of health care on a non-discriminatory basis. The Committee on Economic, Social and Cultural Rights considers this to encompass primary health care, as well as preventive, curative and palliative health services. The Committee on the Rights of the Child holds that every migrant child is entitled to the same health care as nationals under article 24 of the Convention on the Rights of the Child. To that effect, States parties shall ensure, inter alia, that all migrant workers and members of their families have access to essential medicines and that migrant children are provided with immunization against the major infectious diseases. They shall ensure that migrant women have access to appropriate prenatal and postnatal health care, safe reproductive health services, and to emergency obstetric care.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"citedArticles":[{"article":"28","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"First occurrence: 'Article 28 of the Convention provides for migrant workers … to have the right to receive any medical care…' — CMW art. 28. Home treaty."},{"article":"28","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'Article 28, however, read together with other international human rights instruments…' — still CMW art. 28."},{"article":"12","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Article 12 of the International Covenant on Economic, Social and Cultural Rights provides for the right to the highest attainable standard of health' — ICESCR art. 12. Regex defaulted to CMW."},{"article":"24","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'under article 24 of the Convention on the Rights of the Child' — CRC art. 24 (right to health). Regex defaulted to CMW."}]},{"id":"cmw-c-gc-2-0073","docId":"cmw-c-gc-2","idx":73,"n":73,"text":"73. The Committee considers that access to urgent medical care must be ensured to all migrant workers on the basis of equality of treatment with nationals and thus on a non-discriminatory basis. Although medical care need not necessarily be free of charge, equality of treatment requires that the same rules for payment of fees or exemption from payment apply to migrant workers and members of their families as to nationals. States parties should prohibit the charging of excessive fees from migrant workers in an irregular situation or requiring immediate payment or proof of payment before the service is delivered. Urgent medical care should never be withheld due to the inability to pay. States parties should also ensure that migrant workers and members of their families are provided with information on the medical care provided and information about their health rights. States parties should also ensure that doctors and health professionals are provided with culturally sensitive training regarding health care for migrant workers and members of their families.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"]},{"id":"cmw-c-gc-2-0074","docId":"cmw-c-gc-2","idx":74,"n":74,"text":"74. Article 28 prohibits the refusal of such medical care to migrant workers because of an irregularity with regard to their stay and employment. States parties should not use health care as an instrument of immigration control, which would effectively prevent migrant workers in an irregular situation from contacting public health care providers out of fear of deportation. Toward this end, States parties shall not require public health institutions to report or otherwise share data on the migration status of a patient to immigration authorities, and health care providers should also not be required to do so.[[fn:33]] Moreover, States parties shall not conduct immigration enforcement operations on or near facilities providing medical care, as this would limit migrant workers and members of their families from accessing such care.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"section":["General comment No. 2 on the rights of migrant workers in an irregular situation and members of their families"],"footnotes":[{"n":33,"text":"See note 12 above, para. 43."}],"citedArticles":[{"treaty":"CMW","article":"28","source":"regex"}]},{"id":"cmw-c-gc-2-0075","docId":"cmw-c-gc-2","idx":75,"n":75,"text":"75. Article 30 of the Convention protects the “basic right of access to education” of all children of migrant workers “on the basis of equality of treatment with nationals of the State concerned.” Article 30 also provides that access to public preschool educational institutions or schools shall be without prejudice to the migration status of the child concerned or parents of the child. The Committee, in accordance with article 13 of the International Covenant on Economic, Social and Cultural Rights, is of the view that States parties must provide free and compulsory primary education for all, including children of migrant workers, regardless of their migration status. As such, States parties have an obligation to eliminate all direct costs of schooling, such as school fees, as well as alleviate the adverse impact of indirect costs, such as expenses for school materials and uniforms. Access to secondary education by children of migrant workers must be ensured on the basis of equality of treatment with nationals. Accordingly, whenever children who are nationals have access to free secondary education, States parties must ensure equal access by children of migrant workers, irrespective of their migration status. Similarly, when States parties provide different forms of secondary education, including vocational education, they should also make them accessible to children of migrant workers. The same principle applies to free preschool education or to scholarship schemes. Therefore, whenever children who are nationals have access to free preschool education or scholarships, States parties must ensure equal access by children of migrant workers, irrespective of their migration status.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"citedArticles":[{"treaty":"ICESCR","article":"30","source":"regex"},{"treaty":"ICESCR","article":"30","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"cmw-c-gc-2-0076","docId":"cmw-c-gc-2","idx":76,"n":76,"text":"76. The Committee notes that migrant children may suffer from multiple forms of discrimination due to race, ethnicity, gender, and disability, for example. The principle of equality of treatment requires States parties to eliminate any discrimination against migrant children in their educational systems. States parties must therefore avoid segregated schooling and the application of different standards of treatment to children of migrant workers as well as eliminate any forms of discrimination against children of migrant workers in classrooms. States parties also need to ensure that effective programmes, policies and mechanisms are in place to prevent discrimination against these children.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013},{"id":"cmw-c-gc-2-0077","docId":"cmw-c-gc-2","idx":77,"n":77,"text":"77. To ensure access to education, the Committee is also of the view that States parties shall not require schools to report or share data on the regular or irregular status of pupils or their parents to immigration authorities or conduct immigration enforcement operations on or near school premises, as this would limit access to education by children of migrant workers. States parties should also clearly inform school administrators, teachers and parents that they are not required to do so either and provide them with training on the educational rights of children of migrant workers.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013},{"id":"cmw-c-gc-2-0078","docId":"cmw-c-gc-2","idx":78,"n":78,"text":"78. While noting that the obligation of the State of employment to endeavour to facilitate the teaching of the mother tongue and culture is explicitly accorded to the children of migrant workers in a regular situation pursuant to article 45, paragraph 3, of the Convention, the Committee emphasizes that the right to respect for one’s cultural identity (art. 31) belongs to all migrant workers and members of their families, including children. Considering these two provisions together, along with article 29, paragraph 1 (c), of the Convention on the Rights of the Child, which applies to all children, the Committee is of the view that States parties should also ensure access for children of migrant workers in an irregular situation to mother-tongue instruction if already available to children of migrant workers who are documented as having the same mother tongue.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"citedArticles":[{"treaty":"CRC","article":"45","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"cmw-c-gc-2-0079","docId":"cmw-c-gc-2","idx":79,"n":79,"text":"79. Legal identity is often a prerequisite for access to a number of fundamental rights. Children of migrants in an irregular situation, particularly those born in a host State that does not recognize their existence, are vulnerable throughout their lives. States parties are obliged to ensure that children of migrant workers are registered soon after birth, irrespective of the migration status of their parents, and provided with birth certificates and other identity documents (art. 29). States parties shall not require migrant workers to present a residence permit in order to register a child, as this would effectively deprive migrant children in an irregular situation of their right to birth registration, which can also deny them access to education, health services, employment and other rights. Non-compliance by migrant workers with the obligation to register their children following birth should never justify their exclusion from education.","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2013,"citedArticles":[{"treaty":"CMW","article":"29","source":"regex"}]},{"id":"cmw-c-gc-5-0001","docId":"cmw-c-gc-5","idx":1,"n":1,"text":"The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families is deeply concerned about the trend towards the criminalization of migration. The trend is visible in the increasingly frequent use of detention of migrants across several regions of the world.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0002","docId":"cmw-c-gc-5","idx":2,"n":2,"text":"The Committee has consistently made recommendations in its concluding observations to States parties on issues affecting the rights of migrant workers and members of their families who are deprived of their liberty. The present general comment is the result of the Committee’s growing concern for the rights of migrant workers and members of their families who are deprived of their liberty.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0003","docId":"cmw-c-gc-5","idx":3,"n":3,"text":"In the context of international migration, immigration control measures implemented by some States, such as automatic and mandatory detention, punishment during detention, the detention of children with their families and on their own, including with unrelated adults, the detention of pregnant women, victims of trafficking, asylum-seekers, refugees, stateless persons and other migrants in vulnerable situations, the separation of families in the context of detention and prolonged or indefinite detention, the barriers to access to legal remedies and international protection and inhuman and overcrowded conditions in detention centres may amount to violations of the rights of migrant workers and members of their families.","labels":["Refugees & asylum-seekers","Migrants","Children","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0004","docId":"cmw-c-gc-5","idx":4,"n":4,"text":"States parties to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families have an obligation not to criminalize migration. The criminalization of migration has involved the manipulation of criminal law to punish migrants or seek to prevent irregular migration in a manner that is overwhelmingly disproportionate to, and inconsistent with, States’ obligations under the Convention and is often based on political strategies seeking to deter irregular migration, rather than a commitment to upholding the rights of migrants.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0005","docId":"cmw-c-gc-5","idx":5,"n":5,"text":"Since the 1990s, there has been a significant increase in the use of immigration detention. In many cases, it has become a mechanism for the mass arbitrary imprisonment of migrant workers and members of their families. In recent years, the Committee has witnessed with concern the increasing involvement and influence of private prison corporations in immigration enforcement, alongside the expansion of the immigration detention system. Immigration detention has become an industry, with private prison contractors – and in some cases States – reporting sizeable annual profits from detaining migrants and asylum-seekers, including those awaiting a decision on their applications and migrants in the process of being deported. The Committee notes with extreme concern that immigration detention disproportionately affects poor migrants and people of colour, who at the same time have the greatest difficulties in mounting their legal defence or obtaining legal assistance in immigration, asylum and international protection procedures.","labels":["Refugees & asylum-seekers","Migrants","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0006","docId":"cmw-c-gc-5","idx":6,"n":6,"text":"6. Detention has numerous effects on the health and personal integrity of migrants. Detention aggravates existing health conditions and causes new ones to arise, including anxiety, depression, post-traumatic stress disorder, suicidal ideation and in some cases suicide, worsening migrants’ vulnerability and exclusion. Those negative effects are the result of various factors, including the indeterminate duration of detention, the arbitrariness and uncertainty surrounding it, family separation, overcrowding, lack of access to food, safe water and medical care, prolonged detention in solitary confinement, lack of access to nationality or of enjoyment of nationality rights and deliberate physical and psychological abuse by State officials, private guards or other detainees. Such abuse may consist of torture or other cruel, inhuman and degrading treatment and punishment, sexual violence, disappearance, extortion and trafficking for the purpose of exploitation, which includes exploitation of prostitution and other forms of sexual exploitation, forced labour and services, slavery, practices similar to slavery, servitude and the removal of organs.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0007","docId":"cmw-c-gc-5","idx":7,"n":7,"text":"7. Those factors have been aggravated in the context of the coronavirus disease (COVID-19) pandemic, which has posed unprecedented challenges for States, migrant workers and members of their families. The Committee is concerned that, in the context of immigration detention, many of the detention facilities where migrants, asylum-seekers, refugees and stateless persons are detained do not meet minimum sanitary requirements and have limited or no access to health services. The Committee notes with concern that there is a high risk that diseases such as COVID-19 are spreading among detainees. The situation has raised questions about the need to release people deprived of liberty on the basis of their migration status and to implement alternative measures to reduce the risk of spreading COVID-19 and other diseases.[[fn:1]]","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":1,"text":"Committee and the Special Rapporteur on the human rights of migrants, “Guidance note on the impact of the COVID-19 pandemic on the human rights of migrants”, 26 May 2020."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0008","docId":"cmw-c-gc-5","idx":8,"n":8,"text":"8. The main objective of the present general comment is to provide guidance to States on fulfilling their obligations under the Convention in relation to the rights of migrant workers and members of their families to liberty and protection against arbitrary detention and other human rights obligations arising from the intersection of those rights with other human rights. The Committee also seeks to provide guidance to States on implementing the Global Compact for Safe, Orderly and Regular Migration and to other stakeholders on implementing initiatives to promote and protect human rights and to monitor compliance with human rights obligations.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Introduction"]},{"id":"cmw-c-gc-5-0009","docId":"cmw-c-gc-5","idx":9,"n":9,"text":"9. The right to liberty applies to all forms of detention and must be guaranteed to all persons, without discrimination, including all migrant workers, regardless of their migration status. Article 16 of the Convention provides for the protection of the right to liberty and security of person of all migrant workers and members of their families, while establishing other related rights and guarantees, including the right to effective protection by the State against violence committed by public officials or private individuals, groups or institutions, the assurance of lawfulness and non-arbitrariness of identity verification procedures, the prohibition of arbitrary and unlawful arrest and detention and the guarantee of a number of specific procedural safeguards in the event of administrative or criminal detention, including the rights to consular assistance, to access to judicial remedies to challenge the legality of detention and to compensation in the event of unlawful arrest or detention.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","A. Right to liberty and security of person in the Convention"],"citedArticles":[{"treaty":"CMW","article":"16","source":"regex"}]},{"id":"cmw-c-gc-5-0010","docId":"cmw-c-gc-5","idx":10,"n":10,"text":"10. Article 17 of the Convention recognizes the right of all migrant workers and members of their families who have been deprived of their liberty to be treated with humanity and with respect for the inherent dignity of the human person and for their cultural identity. States parties should therefore guarantee adequate conditions in detention centres, taking into consideration the individual circumstances and necessities of each detainee and ensuring that conditions of detention adhere to all relevant international standards and do not amount to torture or ill-treatment. In addition to those rights, other interrelated rights include the prohibition of torture and cruel, inhuman or degrading treatment or punishment (article 10), due process guarantees (article 18), the principles of legality and humanitarian considerations related to the status of the individual (article 19) and the prohibition of imprisonment merely on the grounds of failure to fulfil a contractual obligation (article 20).","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","A. Right to liberty and security of person in the Convention"],"citedArticles":[{"treaty":"CMW","article":"17","source":"regex"},{"treaty":"CMW","article":"10","source":"regex"},{"treaty":"CMW","article":"18","source":"regex"},{"treaty":"CMW","article":"19","source":"regex"},{"treaty":"CMW","article":"20","source":"regex"}]},{"id":"cmw-c-gc-5-0011","docId":"cmw-c-gc-5","idx":11,"n":11,"text":"11. The right to liberty and security of person is recognized in the main international and regional human rights instruments, including article 3 of the Universal Declaration of Human Rights, article 9 of the International Covenant on Civil and Political Rights, article 37 (b)–(d) of the Convention on the Rights of the Child, article 14 of the Convention on the Rights of Persons with Disabilities, article 6 of the African Charter on Human and Peoples’ Rights, article 7 of the American Convention on Human Rights, article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, article 14 of the Arab Charter on Human Rights and article 12 of the Association of Southeast Asian Nations Human Rights Declaration.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","B. Other international and regional legal instruments"],"citedArticles":[{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 3 to the Universal Declaration of Human Rights, a non-binding instrument."},{"article":"9","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 9 of the International Covenant on Civil and Political Rights'."},{"article":"37","paragraph":"b","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 37 (b)–(d) of the Convention on the Rights of the Child'."},{"article":"14","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 14 of the Convention on the Rights of Persons with Disabilities'."},{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 6 to the African Charter on Human and Peoples' Rights — regional instrument outside coded list."},{"article":"7","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 7 to the American Convention on Human Rights — regional instrument outside coded list."},{"article":"5","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 5 to the European Convention on Human Rights — regional instrument outside coded list."},{"article":"14","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 14 to the Arab Charter on Human Rights — regional instrument outside coded list."},{"article":"12","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 12 to the ASEAN Human Rights Declaration — non-binding regional instrument outside coded list."}]},{"id":"cmw-c-gc-5-0012","docId":"cmw-c-gc-5","idx":12,"n":12,"text":"12. Migrant workers and members of their families face various challenges to their right to liberty and security of person, one of which is the deprivation of liberty as a result of having violated immigration laws in the State of transit or destination or for purposes such as screening, identification, registration, reception, immigration procedures, implementation of a return decision or the protection and alternative care of children. States have adopted different terminology for regulating immigration detention in both administrative and criminal law. The Committee notes with concern that countries use such terms to refer to deprivation of liberty for immigration reasons or immigration detention as “filing and accommodation”, “processing”, “reception”, “retention” and “placement”. The term “detention” is rarely used, and its renaming is usually intended to prevent those measures from receiving scrutiny, thereby avoiding procedural safeguards that should be applied before and during any deprivation of liberty.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","C. Definition of deprivation of liberty"]},{"id":"cmw-c-gc-5-0013","docId":"cmw-c-gc-5","idx":13,"n":13,"text":"13. The Committee therefore considers it necessary to clarify the concept of deprivation of liberty. Article 4 (2) of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines deprivation of liberty as any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority. Such deprivation of liberty begins at the time of arrest and extends until the person is released. Irrespective of how that measure is defined in the national policy, law or practice, or the reasons giving rise to it, if the measure results in a deprivation of liberty in which migrants or members of their families are unable to leave the place of detention at will, the Committee understands the measure to be a form of detention to which articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families apply.","labels":["Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","C. Definition of deprivation of liberty"],"citedArticles":[{"article":"4","paragraph":"2","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'Article 4 (2) of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines deprivation of liberty' — unambiguously OPCAT art. 4(2)."},{"article":"16","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families apply' — CMW art. 16 (right to liberty)."},{"article":"17","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families apply' — CMW art. 17 (detention conditions)."}]},{"id":"cmw-c-gc-5-0014","docId":"cmw-c-gc-5","idx":14,"n":14,"text":"14. In addition, the Committee considers that detention for “reasons related to migration status” or “immigration detention” refers to any situation in which a person is deprived of liberty on grounds related to that person’s migration status, regardless of the name or reason given for carrying out the deprivation of liberty, or the name of the facility or place where the person is being held while deprived of liberty. Accordingly, immigration detention includes the detention of migrants in prisons, police stations, immigration detention centres, closed reception facilities, health-care facilities and any other enclosed spaces, such as international or transit areas at air, land and maritime ports. “Reasons related to migration status” is understood by the Committee to be a person’s migratory or residence status, or lack thereof, relating to irregular entry, stay or exit.[[fn:2]]","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":2,"text":"Joint general comment No. 4 of the Committee/No. 23 of the Committee on the Rights of the Child (2017) on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, para. 6."}],"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","C. Definition of deprivation of liberty"]},{"id":"cmw-c-gc-5-0015","docId":"cmw-c-gc-5","idx":15,"n":15,"text":"15. The grounds for deprivation of liberty of migrant workers and members of their families are diverse, and the type of deprivation of liberty imposed will depend thereon, including criminal detention in prisons, immigration detention, involuntary institutionalization and confinement in restricted areas of air, land and maritime ports. The present general comment, however, is focused solely on the relevant reasons for deprivation of liberty related to an immigration situation and whether or not detention is a result of the migrant’s irregular entry or stay in the State of destination, transit or return.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","D. Types of deprivation of liberty to which migrant workers and members of their families might be exposed"]},{"id":"cmw-c-gc-5-0016","docId":"cmw-c-gc-5","idx":16,"n":16,"text":"16. The prohibition of arbitrary detention is absolute; it is a non-derogable rule of customary international law, or a jus cogens norm. The prohibition of arbitrary deprivation of liberty also protects migrants, in accordance with article 16 (4) of the Convention. Any use of detention in the context of migration must therefore be based on a legitimate State objective, provided for in national law, employed always as an exceptional measure of last resort compatible with the criteria of necessity and proportionality, limited in scope and duration, imposed only where less restrictive alternatives have been considered and found inadequate to meet legitimate purposes, and subject to periodic re-evaluation and judicial review. In addition, the conditions of detention must be proportionate to the legitimate aim sought and must always meet minimum international standards. The arbitrariness test is illustrated in the figure below.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention"],"citedArticles":[{"treaty":"CMW","article":"16","paragraph":"4","source":"regex"}]},{"id":"cmw-c-gc-5-0017","docId":"cmw-c-gc-5","idx":17,"n":17,"text":"17. The Committee considers immigration detention to be an undesirable measure. There should always be a presumption in law against detention and therefore in favour of freedom. Deprivation of liberty in the immigration context therefore should be an exceptional measure of last resort. The relevant authorities must carry out a context-specific and individualized assessment of the situation, in which relevant factors must be considered on a case-by-case basis, not on the basis of a mandatory rule for a broad category, and ensure that the period of detention is as short as possible. Any compulsory, automatic, systematic or widespread detention of migrant workers and members of their families is arbitrary. In addition, the Committee considers that the prohibition of arbitrary detention also extends to the use of detention as a deterrent or as a general migration management tool to contain immigration.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","1. Detention as an exceptional measure of last resort"]},{"id":"cmw-c-gc-5-0018","docId":"cmw-c-gc-5","idx":18,"n":18,"text":"18. In a context such as the COVID-19 pandemic, the Committee urges States to review the cases of migrants in immigration detention with a view to releasing them. In cases where legitimate immigration policy goals, such as deportation or removal, remain viable despite COVID-19 mitigation-related border closures and other emergency measures, States should expand the use of alternatives to detention so that the detainee population is reduced to the lowest possible level to prevent the spread of the virus in detention facilities. However, if emergency measures nullify the objective of an individual’s detention order, States must promptly release the person into the community, providing any necessary care and assistance to ensure their well-being outside detention.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","1. Detention as an exceptional measure of last resort"]},{"id":"cmw-c-gc-5-0019","docId":"cmw-c-gc-5","idx":19,"n":19,"text":"19. The principle of non-arbitrariness of detention is a rule of jus cogens. The Convention prohibits arbitrary detention, understanding arbitrary detention to be any deprivation of liberty that exceeds the limits of reasonableness. It is not sufficient for the detention to pursue a legitimate purpose and be permitted by law, rather, it must meet the criteria of necessity and proportionality, be based on an individualized assessment and be periodically reassessed to ensure that it continues to meet those criteria.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness"]},{"id":"cmw-c-gc-5-0020","docId":"cmw-c-gc-5","idx":20,"n":20,"text":"20. Any deprivation of liberty in a migration context must be based on a legitimate objective of the State. Although the Convention does not list the legitimate purposes that make immigration detention permissible, immigration detention can be justified only if there is a risk that the migrant will evade immigration proceedings or to guarantee the implementation of a deportation order. The threat posed in those two scenarios must be substantiated by proven facts and be based on an individualized assessment.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(a) Legitimate objective"]},{"id":"cmw-c-gc-5-0021","docId":"cmw-c-gc-5","idx":21,"n":21,"text":"21. The Committee has noted previously[[fn:3]] that the mere fact of entering or remaining in an irregular situation in a State is not sufficient reason to mandate the immigration detention of migrant workers and members of their families, because that exceeds the legitimate purpose or interest of States to control and regulate migration. The Committee agrees with the view of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, that detention based solely on migration status, as such, can even amount to torture, in particular where it is intentionally imposed or perpetuated for such purposes as deterring, intimidating or punishing migrants in irregular situations, coercing them into withdrawing their requests for asylum, subsidiary protection or other stay, agreeing to voluntary repatriation or providing information or fingerprints, or with a view to extorting money or sexual acts or for reasons based on discrimination of any kind, including discrimination based on migration status.[[fn:4]]","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":3,"text":"Joint general comments No. 3 and No. 4 of the Committee/No. 22 and No. 23 of the Committee on the Rights of the Child (2017) on the human rights of children in the context of international migration."},{"n":4,"text":"A/HRC/37/50, para. 28."}],"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(a) Legitimate objective"]},{"id":"cmw-c-gc-5-0022","docId":"cmw-c-gc-5","idx":22,"n":22,"text":"22. It is an obligation recognized by States that their acts must comply with national legal rules. Immigration detention can be legal only when it is previously authorized, and clearly and exhaustively provided for, by law and is in line with the procedures established by law. It is prohibited for the law to leave ample discretion to the authorities in the decision and enforcement of immigration detention.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(b) Legality"]},{"id":"cmw-c-gc-5-0023","docId":"cmw-c-gc-5","idx":23,"n":23,"text":"23. To guarantee the right to liberty, States should establish in their laws a presumption in favour of freedom, which is consistent with the right to liberty, the principle that immigration detention should be an exceptional measure of last resort and the duty of States to assess whether any less coercive measures are available before resorting to detention in immigration procedures involving migrant workers and members of their families.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(b) Legality"]},{"id":"cmw-c-gc-5-0024","docId":"cmw-c-gc-5","idx":24,"n":24,"text":"24. In application of the principle of necessity, immigration detention can be used only where it is strictly essential to achieve the established legitimate end. Before imposing deprivation of liberty on migrant workers and members of their families, the decision-making authority must start from the fact that deprivation of liberty will always be the most harmful measure for the person concerned. Therefore, it must evaluate and apply all available alternatives to detention, such as non-custodial measures or less coercive measures, that are less harmful to the individual.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(c) Necessity"]},{"id":"cmw-c-gc-5-0025","docId":"cmw-c-gc-5","idx":25,"n":25,"text":"25. The proportionality test should take into consideration the potential effects of detention on the physical and mental health of the migrant. The State has a heightened duty of care to provide effective protection to migrants in vulnerable situations.[[fn:5]] If deprivation of liberty meets the requirements of having a legitimate objective, legality, necessity and proportionality, it is the duty of the authorities to carry out an assessment by contrasting the gravity of the measure implemented with the importance of satisfying the established legitimate purpose.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":5,"text":"See also Working Group on Arbitrary Detention, revised deliberation No. 5 (A/HRC/39/45, annex), para. 24."}],"section":["II. Regulatory framework on protection of the right to liberty of migrant workers and members of their families","E. Prohibition of arbitrary detention","2. Non-arbitrariness","(d) Proportionality"]},{"id":"cmw-c-gc-5-0026","docId":"cmw-c-gc-5","idx":26,"n":26,"text":"26. States parties have an obligation to respect and guarantee the rights enshrined in the Convention to all migrant workers and members of their families within their territory or subject to their jurisdiction, pursuant to article 7. With regard to the right to liberty, the responsibility of States parties encompasses not only human rights violations against migrants in places of detention under their jurisdiction and within their territory, but extends to places of detention outside their territory, if the State has effective de jure or de facto control over that territory.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","A. Jurisdiction"],"citedArticles":[{"treaty":"CMW","article":"7","source":"regex"}]},{"id":"cmw-c-gc-5-0027","docId":"cmw-c-gc-5","idx":27,"n":27,"text":"27. That implies that, through the design, financing, administration or supply of places of detention abroad, State authorities can participate in acts that violate human rights. Similarly, if a State party decides to move migrant workers to detention centres outside its territory, the State is obliged to ensure that the rights recognized in the Convention and other international and regional human rights instruments are respected and guaranteed in those centres.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","A. Jurisdiction"]},{"id":"cmw-c-gc-5-0028","docId":"cmw-c-gc-5","idx":28,"n":28,"text":"28. If migrant workers seek asylum in a State and are then transferred to places of detention outside the State’s territory, the Committee considers that their cases should generally be processed in the territory of the State where they arrived, or the State that otherwise has jurisdiction over them. Nevertheless, if States reach agreements to transfer asylum-seekers for the processing of their cases, they should take into account when signing such agreements that States cannot dismiss their obligations under international human rights law, international refugee law and international criminal law.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","A. Jurisdiction"]},{"id":"cmw-c-gc-5-0029","docId":"cmw-c-gc-5","idx":29,"n":29,"text":"29. The Committee notes that some States resort to private personnel or private security companies to guard migrant workers and members of their families who are deprived of their liberty. The Committee recalls that States have an increased duty of care for persons deprived of their liberty and should act with due diligence to avoid violations of the personal integrity of such persons. It agrees with the views of the Working Group on Arbitrary Detention and the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, that, if a State subcontracts the management, safety or security of immigration detention centres to private enterprises, it remains responsible for the manner and conditions in which the subcontractors hold individuals in detention. Because the State has an obligation to care for detainees, it has an obligation to actively prevent acts of torture and ill-treatment by its agents and to act with due diligence to prevent abuse by private agents in particular.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","B. Personnel carrying out detentions"]},{"id":"cmw-c-gc-5-0030","docId":"cmw-c-gc-5","idx":30,"n":30,"text":"30. In principle, security personnel in detention facilities must be from the public sector. However, States parties may use private security services provided that a correct monitoring scheme is put in place and that the private security service personnel receive adequate training on human rights norms and standards for the treatment of detainees, in accordance with international instruments on persons deprived of liberty. States must take appropriate steps to prevent, investigate, punish and redress human rights violations committed by all personnel. Specific mechanisms should be established to ensure their accountability and guarantee that migrants who are victims of human rights violations have access to judicial remedy. In addition, the actions of private security personnel must be governed in a coordinated manner with public personnel in detention centres.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","B. Personnel carrying out detentions"]},{"id":"cmw-c-gc-5-0031","docId":"cmw-c-gc-5","idx":31,"n":31,"text":"31. Article 84 of the Convention establishes the obligation of States parties to adopt the legislative and other measures necessary to implement the provisions of the Convention. For the standards and guidelines set out in the present general comment to be effectively implemented, it is necessary for States to develop and strengthen their human rights capacity. That includes allocating sufficient resources for the implementation of alternatives to detention, such as non-custodial measures or less coercive measures, ensuring that, in exceptional cases where deprivation of liberty is permitted, detention centres have the equipment and conditions and supervising security personnel, whether public or private, necessary to carry out such a measure and provide adequate training on international human rights law and the specific rights of groups in vulnerable situations, including training in the identification of victims of trafficking, stateless persons, unaccompanied children, older persons and pregnant women, for all officials who have contact with migrants.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["III. General measures for the implementation of the provisions of the Convention concerning protection of the right to liberty","C. Legal obligation of States parties to take measures to implement the provisions of the Convention"],"citedArticles":[{"treaty":"CMW","article":"84","source":"regex"}]},{"id":"cmw-c-gc-5-0032","docId":"cmw-c-gc-5","idx":32,"n":32,"text":"32. The principle of non-discrimination is fundamental in international human rights instruments, being regarded as a jus cogens norm. Article 7 of the Convention underpins all of its provisions, establishing a duty for States parties to respect and ensure the rights provided for in the Convention to all migrant workers and members of their families within their territory or subject to their jurisdiction, without discrimination.","labels":["Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","A. Principle of non-discrimination"],"citedArticles":[{"treaty":"CMW","article":"7","source":"regex"}]},{"id":"cmw-c-gc-5-0033","docId":"cmw-c-gc-5","idx":33,"n":33,"text":"33. States are not only obliged to ensure that their legal provisions and practices are not discriminatory against migrant workers and members of their families, but must also put in place the positive measures necessary to prevent, reduce and eliminate the conditions and attitudes that perpetuate or cause de facto or de jure discrimination against migrant workers and members of their families.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","A. Principle of non-discrimination"]},{"id":"cmw-c-gc-5-0034","docId":"cmw-c-gc-5","idx":34,"n":34,"text":"34. The Committee recognizes that States enjoy the sovereign power to establish their immigration policies and laws. In doing so, they must nonetheless ensure full respect for their international human rights obligations, in particular respect for the human dignity of migrant workers and members of their families, and the principle of non-discrimination. The Committee calls upon States to adopt a human rights-based approach to migration and to review their legislation, policies and practices on the detention of migrants, ensuring that national laws are harmonized with international human rights norms that prohibit arbitrary detention and inhuman treatment.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","A. Principle of non-discrimination"]},{"id":"cmw-c-gc-5-0035","docId":"cmw-c-gc-5","idx":35,"n":35,"text":"35. The Committee reiterates that irregular entry, stay or exit may constitute at most administrative offences and should never be considered criminal offences, given that they do not infringe fundamental legally protected values, and as such are not crimes per se against persons, property or national security. Accordingly, migrants should never be classified or treated as criminals on the basis of their irregular migration status.[[fn:6]] The Committee opposes the treatment of migration by States framing it as a threat to local communities and the consequent adoption of national laws, policies or practices designating migrants as “dangerous” or “harmful” persons, or even “criminals”. Such practices only aggravate migrants’ vulnerability and make them more likely to become victims of discrimination, xenophobia, violence, trafficking and other human rights violations. The Committee notes with concern that one of the consequences of the criminalization of migration is the increasing association, both in legal documents and in public opinion, of migrants in an irregular situation with criminals.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":6,"text":"See also Working Group on Arbitrary Detention, revised deliberation No. 5, para. 10."}],"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","B. Principle of non-criminalization of migration"]},{"id":"cmw-c-gc-5-0036","docId":"cmw-c-gc-5","idx":36,"n":36,"text":"36. The most obvious manifestation of such treatment is the regulation of migration within criminal law and the consequent criminalization of irregular entry or stay of migrant workers and members of their families. Migration irregularity is not the result of a decision of the migrant, but of restrictive policies of the State that prevent the exercise of the right to freedom of movement. Criminalizing irregular entry into a country exceeds the legitimate interest of States to control and regulate irregular migration and leads to unnecessary detention. States should refrain from using armed forces or any similar security forces to detain migrants as a means of implementing immigration policy.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","B. Principle of non-criminalization of migration"]},{"id":"cmw-c-gc-5-0037","docId":"cmw-c-gc-5","idx":37,"n":37,"text":"37. Other examples of sanctioning migration include encouraging local populations to inform authorities about the migration status of migrant workers and members of their families and imposing on service providers and other relevant individuals the obligation to provide information and exchange data when migrant workers and members of their families attend schools, health centres or workplaces. Such obligations produce the same negative and often disproportionate effects on the human rights of migrants who are in an irregular situation, as does the direct criminalization of migration. The Committee notes that the indiscriminate use of immigration detention as a mechanism to deter migration or to combat irregular migration is ineffective at achieving those ends. It is economically more onerous than the regular migration pathway and is in violation of multiple rights of migrants.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","B. Principle of non-criminalization of migration"]},{"id":"cmw-c-gc-5-0038","docId":"cmw-c-gc-5","idx":38,"n":38,"text":"38. Immigration policy should be based on a presumption of freedom, and not of detention. Although the right to liberty is not unlimited, the Committee reiterates that, since any deprivation of liberty is highly burdensome and restrictive of the human rights of individuals, detention or any other form of deprivation of liberty on grounds relating to an individual’s migration status must be governed by the principle of exceptionality, that is, deprivation of liberty should serve as the last possible measure only, once all the less harmful alternatives have been considered and ruled out.","labels":["Migrants","Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","C. Principle of exceptionality of immigration detention"]},{"id":"cmw-c-gc-5-0039","docId":"cmw-c-gc-5","idx":39,"n":39,"text":"39. Several international and regional bodies and special procedure mandate holders have argued that the detention of children on grounds related to their migration status, or that of their parents, is not governed by the principle of exceptionality. The Committee reiterates, as established in joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017) on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return, that, as a general principle, migrant children, whether accompanied by their families, unaccompanied or separated from their families, should never be detained and should not be deprived of liberty for migration-related reasons. The detention of children is therefore always prohibited under international human rights law, because it is unnecessary and disproportionate. It constitutes a violation of a child’s rights and contravenes the principle of non-discrimination, the best interests of the child, the rights to life, survival, development and participation, as well as every child’s rights to liberty and security of person and family life.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0040","docId":"cmw-c-gc-5","idx":40,"n":40,"text":"40. The Committee takes note of the global study on children deprived of liberty.[[fn:7]] The Independent Expert leading the study indicated that, around the world, at least 330,000 children were deprived of their liberty for migration-related reasons every year, by at least 77 States, while at least 21 States did not resort to such measures or claimed not to do so. Detention puts children at increased risk of developing physical and mental health issues and of becoming victims of abuse. Children in detention, in particular unaccompanied children and children separated from their families, are also at risk of being subjected to other forms of harm, such as sexual and gender-based violence, trafficking, neglect, abuse and exploitation.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":7,"text":"A/74/136."}],"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0041","docId":"cmw-c-gc-5","idx":41,"n":41,"text":"41. The Committee considers that even a short period of detention is a violation of a child’s rights and can constitute cruel, inhuman or degrading treatment. States must therefore seek the eradication of deprivation of liberty of children for reasons related to migration status. Any kind of immigration detention of children should be forbidden by law, and such a prohibition should be fully implemented in practice.[[fn:8]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":8,"text":"Joint general comment No. 4 of the Committee/No. 23 of the Committee on the Rights of the Child (2017), para. 5."}],"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0042","docId":"cmw-c-gc-5","idx":42,"n":42,"text":"42. It is not permissible for children to be deprived of their liberty in detention centres with their parents under the pretext of preserving family unity in detention. States should take measures to ensure the freedom of the family group. The child’s best interests require keeping the family together, unless there is a danger posed to the child by staying with his or her parents or caretakers, and the imperative requirement not to deprive the child of liberty extends to the child’s family and to implementing measures for the care and reception of the child and his or her family.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0043","docId":"cmw-c-gc-5","idx":43,"n":43,"text":"43. States must always ensure that the places intended for the care and protection of such children do not in reality result in material deprivation of liberty, especially those places that are not formally detention centres, but fit the above definition of deprivation of liberty. Unaccompanied migrant children should be surrendered to the care of their family members or adequately trained social workers. Children born within a detention situation should be provided with the nationality of the detaining State.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0044","docId":"cmw-c-gc-5","idx":44,"n":44,"text":"44. In order to ensure that migrant or asylum-seeking children are not placed in immigration detention or in closed alternative care facilities for children, child protection and welfare actors should take primary responsibility for children in the context of international migration. When a migrant child is first detected by immigration authorities, child protection or welfare officials should immediately be informed and be responsible for screening the child for protection, shelter and other needs.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","D. Principle of non-detention of migrant children"]},{"id":"cmw-c-gc-5-0045","docId":"cmw-c-gc-5","idx":45,"n":45,"text":"45. In the case of migrant workers and members of their families who are in vulnerable situations, States’ duty of due diligence to effectively protect is greater than in other cases; they should, in particular, take reasonable measures to prevent the deprivation of liberty of those persons.[[fn:9]] States should avoid detaining migrants who have specific needs or who are particularly at risk of exploitation, abuse, gender-based violence, including sexual violence, or other human rights violations in the context of detention. That includes pregnant and breastfeeding women, older persons, persons with disabilities, survivors of torture or trauma, persons who are victims of crimes such as trafficking, migrants with special physical or mental health needs, lesbian, gay, bisexual, transgender and intersex persons, refugees, asylum-seekers and stateless persons. Statelessness determination procedures are essential, given that the lack of a country of nationality to be returned to leaves stateless persons at higher risk of arbitrary and indefinite detention. The Committee agrees with the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment that the threshold for ill-treatment can be reached very quickly, if not immediately, for the detention of migrants in vulnerable situations.[[fn:10]]","labels":["Migrants","Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":9,"text":"See OHCHR and Global Migration Group, “Principles and guidelines, supported by practical guidance, on the human rights protection of migrants in vulnerable situations”."},{"n":10,"text":"A/HRC/37/50, para. 19."}],"section":["IV. Fundamental principles of the Convention regarding the right to liberty of migrant workers and members of their families","E. Principle of non-detention of persons in vulnerable situations"]},{"id":"cmw-c-gc-5-0046","docId":"cmw-c-gc-5","idx":46,"n":46,"text":"46. The Committee considers that States should take measures to abolish immigration detention. It emphasizes that, through the Global Compact for Safe, Orderly and Regular Migration, States committed to prioritizing non-custodial alternatives, in accordance with international law, and to taking a human rights-based approach to any detention of migrants, using detention as a measure of last resort only. The Committee considers that States have an obligation to review and implement all available alternative measures before resorting to detention, in accordance with the principles of necessity and proportionality.","labels":["Refugees & asylum-seekers","Migrants","LGBTI+","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","A. Obligation to consider alternatives to detention in each individual case before imposing detention"]},{"id":"cmw-c-gc-5-0047","docId":"cmw-c-gc-5","idx":47,"n":47,"text":"47. The Committee notes that, while terms such as “alternative measures to detention”, “non-custodial measures”, “less restrictive measures”, “less onerous measures” and “less invasive measures” are often used interchangeably in different contexts, they fundamentally address the same legal concept. The Committee interprets alternatives to detention as being all community-based care measures or non-custodial accommodation solutions – in law, policy or practice – that are less restrictive than detention, and which must be considered in the context of lawful detention decision procedures to ensure that detention is necessary and proportionate in all cases, with the aim of respecting the human rights and avoiding the arbitrary detention of migrants, asylum-seekers, refugees and stateless persons. Alternatives to detention must respect the right to personal freedom and therefore not create onerous restrictions or conditions, but rather generate other legitimate mechanisms and measures that are in line with human rights standards. In cases where detention no longer has a legal basis, for example, when deportation, expulsion or removal is no longer a viable objective, alternatives to detention are no longer applicable.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","A. Obligation to consider alternatives to detention in each individual case before imposing detention"]},{"id":"cmw-c-gc-5-0048","docId":"cmw-c-gc-5","idx":48,"n":48,"text":"48. However, the Committee notes that many of the alternative measures employed by States appear to emulate measures from the field of criminal justice, such as bail, home-based detention or other restrictions on movement, such as electronic surveillance or periodic reporting to the authorities. Those measures are often excessively restrictive and are not appropriate in the context of migration. In some cases, they can exacerbate the stigmatization of migrants, unnecessarily interfere with their personal freedom and generate excessively onerous requirements, and may even amount to de facto detention.","labels":["Refugees & asylum-seekers","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","A. Obligation to consider alternatives to detention in each individual case before imposing detention"]},{"id":"cmw-c-gc-5-0049","docId":"cmw-c-gc-5","idx":49,"n":49,"text":"49. The Committee wishes to highlight that alternatives to detention are intended to be more humane, to have less harmful physical and psychological effects on individuals, in particular individuals in vulnerable situations, and to be designed to protect people’s health, well-being and human rights. Evidence suggests that, when properly implemented, such measures can be more effective than detention in assisting people to cope better with immigration procedures, including when migrants’ cases are rejected and they are asked to return voluntarily and independently. Alternative measures to detention can also be significantly less costly than detention, given their lower operating costs. The Committee considers that, owing to the risk of the spread of COVID-19 and other diseases, there is an even greater need for States to improve the systematic consideration of alternative measures to immigration detention before imposing custodial measures.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","A. Obligation to consider alternatives to detention in each individual case before imposing detention"]},{"id":"cmw-c-gc-5-0050","docId":"cmw-c-gc-5","idx":50,"n":50,"text":"50. The Committee recommends that States emphasize community-based non-custodial measures that include case management and other forms of support, are adapted to the specific needs and vulnerabilities of each person or family and allow people to live freely within communities. Legal assistance, psychosocial support and the protection of the rights to education, housing and health care for migrant workers and members of their families must be guaranteed. If such alternatives to imposing restrictions on the rights of migrants are used, the safeguards surrounding them should be as stringent as those applied to detention situations. Such safeguards include ensuring that the alternative measure is established by law, limited in duration, not discriminatory in its purpose and effect, not arbitrary and subject to procedural safeguards, including regular judicial review and independent supervision, and that they protect the rights and dignity of the individual. Officials should review the effects of such alternative measures on the rights of migrants and verify that no unnecessary restrictions are imposed on migrants, in order to identify the least invasive alternative measures to detention.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","A. Obligation to consider alternatives to detention in each individual case before imposing detention"]},{"id":"cmw-c-gc-5-0051","docId":"cmw-c-gc-5","idx":51,"n":51,"text":"51. Detention should never be excessive or indefinite during the course of immigration proceedings, because it would then become arbitrary. States should therefore establish in their legislation the maximum period of detention allowable during the course of immigration proceedings. Moreover, detention should be permitted only for the shortest possible period of time, and it should also be under frequent review to assess whether it remains necessary and is still the only option. Once the period of detention established by law has elapsed, the detainee must automatically be released. Released persons should be provided with a document protecting them against renewed detention. Renewed detention is in contravention of the legally defined maximum detention period.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","B. Duration of detention"]},{"id":"cmw-c-gc-5-0052","docId":"cmw-c-gc-5","idx":52,"n":52,"text":"52. If there are obstacles to identifying migrants who are in an irregular situation or deporting them from the territory, or if the return is not legally possible due to the application of the principle of non-refoulement or other international or domestic obligations, thereby making deportation or expulsion impossible, the detained person must be immediately released in order to avoid indefinite detention, which would be arbitrary. Similarly, the exercise of rights by migrants deprived of their liberty cannot be grounds for prolonging detention. Any deprivation of liberty implemented on the grounds that detainees are exercising their rights to access to justice or due process guarantees, or to apply for asylum or international protection, would therefore be arbitrary. Detaining stateless persons when there is no real prospect of removal would thereby render the detention arbitrary, and the detained stateless person must therefore be immediately released.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","B. Duration of detention"]},{"id":"cmw-c-gc-5-0053","docId":"cmw-c-gc-5","idx":53,"n":53,"text":"53. The Committee reiterates that the right of access to justice is of a dual nature. On the one hand, it constitutes a human right in itself, inherent in all persons, and on the other hand, it is a principle and precondition that imposes obligations on States to ensure that all persons can stand before the law to claim their rights. The Convention recognizes that respect for the rule of law, due process and access to justice are fundamental to all aspects of migration governance. That implies that States must guarantee that all persons within their territory or subject to their jurisdiction, regardless of their nationality or migration status, have access to justice.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","C. Right to access to justice"]},{"id":"cmw-c-gc-5-0054","docId":"cmw-c-gc-5","idx":54,"n":54,"text":"54. The Committee recalls that migrants may face multiple obstacles to access to justice, such as language barriers, lack of information or knowledge about applicable laws, absence of support networks, lack of firewalls to protect personal information and data and fear of being detected by the authorities or of being detained or deported if they seek access to justice. Therefore, in order to ensure that migrants enjoy the right of access to justice and due process on an equal footing with others, States should adopt procedural or compensatory measures that help to reduce or eliminate obstacles and shortcomings that prevent or hinder the effective defence of migrants’ interests. The Committee recommends that States parties take all measures necessary to ensure that migrant workers and members of their families who are deprived of their liberty have access to justice in transit and destination States and to information on their rights as migrants before, during and after their entry and stay in transit and destination countries, in a language and format that they understand, regardless of whether they are still present in those countries.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","C. Right to access to justice"]},{"id":"cmw-c-gc-5-0055","docId":"cmw-c-gc-5","idx":55,"n":55,"text":"55. In order to guarantee access to justice for all migrant workers and members of their families, the Committee urges States parties to intensify efforts to ensure that migrant workers are aware of their rights before travelling and to facilitate their access to legal recourse and redress for any violations of their rights that occur while in transit and upon arrival in destination countries. Even after their return to their country of origin or to a third State, those guarantees should always be upheld for migrant workers and members of their families through consular services and judicial cooperation. The Committee highlights that the reparation of the harm caused to a migrant by the violation of a human right requires comprehensive reparation. The State should implement measures to ensure the enjoyment of the rights that have been violated and to redress the consequences of those violations. In doing so, the State should implement different measures of reparation in order to redress the harm integrally, such as restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","C. Right to access to justice"]},{"id":"cmw-c-gc-5-0056","docId":"cmw-c-gc-5","idx":56,"n":56,"text":"56. The Committee is acutely aware that migrant workers and members of their families are often severely impeded in gaining access to national courts and to monitoring and complaint mechanisms, owing to a lack of adequate safeguards during their detention. Barriers include lack of legal representation and legal aid services, lack of child-friendly processes and safeguards, insufficient consular protection, limited availability of interpreters and translators or other accessible formats or methods of receiving information and communicating, lack of effective remedies to challenge the legality of detention and lack of specific rules on the obligations of the courts to apply sanctions or award compensation for violations of the human rights of migrants.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees"]},{"id":"cmw-c-gc-5-0057","docId":"cmw-c-gc-5","idx":57,"n":57,"text":"57. The Committee recalls that, under the Convention, States parties must ensure that laws, policies and practices are in full respect of procedural safeguards for migrant workers and members of their families in all administrative and judicial proceedings relating to their immigration or international protection status. That includes asylum or determination procedures for refugee status, all forms of additional protection, statelessness determination procedures and other special protection regimes and policies that may apply to them.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees"]},{"id":"cmw-c-gc-5-0058","docId":"cmw-c-gc-5","idx":58,"n":58,"text":"58. The due process guarantees detailed below should be ensured by States parties, to respect access to justice for migrant workers and members of their families who are in detention.","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees"]},{"id":"cmw-c-gc-5-0059","docId":"cmw-c-gc-5","idx":59,"n":59,"text":"59. The right to information is essential for the exercise of other rights, such as access to justice. The authorities responsible for the detention must inform the migrant worker about the reasons for detention immediately preceding, or at the latest at the commencement of, the detention. Such notification should be given in a language and format that the person understands, taking into consideration factors such as age, ethnic and cultural background, disability and educational level.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","1. Right to be informed of the reasons for detention"]},{"id":"cmw-c-gc-5-0060","docId":"cmw-c-gc-5","idx":60,"n":60,"text":"60. The Committee reiterates that States parties should prepare model notification forms containing information, including in accessible formats, on, inter alia, resources available in the languages, means or methods of communication most frequently used or understood by migrant workers who are in an irregular situation in the countries concerned. Migrants should be given adequate time and support to read or access them and should also be given copies. The forms should always accompany a detention order containing specific information on the facts of and the legal basis for the detention, the place of detention and information on, and an explanation of, migrants’ rights and how to claim those rights.","labels":["Migrants","Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","1. Right to be informed of the reasons for detention"]},{"id":"cmw-c-gc-5-0061","docId":"cmw-c-gc-5","idx":61,"n":61,"text":"61. The Committee reaffirms that all migrant workers and members of their families who are deprived of their liberty have the right to bring proceedings before a court so that the court can rule without delay on the lawfulness or arbitrariness, including the legitimate objective, legality, necessity and proportionality of their detention. That guarantee seeks to prevent deprivation of liberty from becoming arbitrary detention. If migrant workers and members of their families are detained within the criminal law context, they must be brought promptly before a judge or court to assess the legality and non-arbitrariness of their detention. The authority assessing the lawfulness of detention must be independent from the entity that ordered or carried out the detention, in order to prevent the assessment from becoming a mere formality that prevents an impartial analysis. The assessment must also be carried out by an official authorized by law to exercise judicial functions and with the power to order the release of the migrant worker.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","2. Judicial review of detention"]},{"id":"cmw-c-gc-5-0062","docId":"cmw-c-gc-5","idx":62,"n":62,"text":"62. In the light of the effects that the deprivation of liberty have on the human rights of migrants, the Committee considers that, as a general rule, the procedure and the decision ordering the detention of a migrant must be carried out and dictated by a judge or court. In addition, States must guarantee migrants their right to appeal before a higher court. That right should be guaranteed at the moment of deprivation of liberty, as well as periodically throughout the duration of the detention. The necessity for the continuation of any detention should be automatically reviewed at reasonable intervals by a court. The scope of judicial review should not be confined to a formal assessment of the individual’s migration status; it requires an individual assessment of the elements pertaining to the arbitrariness of the measure. The Committee stresses that legal remedies must be in place to allow migrant workers and members of their families to challenge the arbitrariness of detention or the legality of a deportation or expulsion order. States must ensure that judicial remedies include the power to suspend any detention, deportation or expulsion decision in order to effectively protect the rights of migrant workers. The principle of non-refoulement must be strictly respected.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","2. Judicial review of detention"]},{"id":"cmw-c-gc-5-0063","docId":"cmw-c-gc-5","idx":63,"n":63,"text":"63. Under articles 16 (7) (b) and 23 of the Convention, migrant workers and members of their families have the right to communicate with the consular or diplomatic authorities of their home State or those of another State representing their interests. States of destination or transit have an obligation under article 16 (7) to: (a) inform migrant workers of that right without delay and of the rights derived from other relevant treaties, in a language and format that they understand; (b) inform the consular or diplomatic authorities of the detention of a migrant worker, upon his or her request; (c) facilitate communication between the migrant worker and those authorities; and (d) communicate and meet with the legal representatives of those authorities and make arrangements with them for the migrant worker’s legal representation.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","3. Consular assistance and protection"],"citedArticles":[{"treaty":"CMW","article":"16","paragraph":"7","source":"regex"},{"treaty":"CMW","article":"23","source":"regex"},{"treaty":"CMW","article":"16","paragraph":"7","source":"regex"}]},{"id":"cmw-c-gc-5-0064","docId":"cmw-c-gc-5","idx":64,"n":64,"text":"64. The Committee is aware of the particular situation of refugees or asylum-seekers who fear or have been subjected to persecution, or who have other reasons to avoid contact with the consular authorities of their State of origin or residence. In such cases, the State under whose jurisdiction the person is living must respect the migrant’s decision not to exercise his or her right to consular assistance and protection if the person wishes to apply for asylum. States should also be aware that stateless persons find themselves in a vulnerable situation, given that consular assistance and protection are unavailable due to their status.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","3. Consular assistance and protection"]},{"id":"cmw-c-gc-5-0065","docId":"cmw-c-gc-5","idx":65,"n":65,"text":"65. The Committee emphasizes that the right to consular assistance and protection is essential for enforcing access to justice for migrant workers and is particularly pressing when it comes to persons deprived of their liberty, regardless of whether they are detained on criminal or immigration-related grounds. The Committee therefore considers that States of origin should ensure access to effective consular assistance and protection, including by providing sufficient human, technical and financial resources.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","3. Consular assistance and protection"]},{"id":"cmw-c-gc-5-0066","docId":"cmw-c-gc-5","idx":66,"n":66,"text":"66. In the context of immigration detention, migrant workers and members of their families have the right to legal advice and legal representation, provided by the State free of charge for persons who cannot afford it, making the rights to due process and access to justice truly operational. States should make qualified interpreters available to migrant workers who cannot understand or speak the language used during the proceedings. Even for migrant workers who understand the language of the country in which they currently reside, it is important that they are provided with an interpreter and that the information is provided in understandable terms and formats free of technicalities and adapted to their age, ethnic and cultural background and any other circumstance that may affect their level of understanding.","labels":["Refugees & asylum-seekers","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","4. Free legal and interpretation assistance"]},{"id":"cmw-c-gc-5-0067","docId":"cmw-c-gc-5","idx":67,"n":67,"text":"67. The Committee recognizes the fundamental work of non-governmental organizations, university legal clinics and pro bono lawyers, among others, in the legal representation of migrants. However, the Committee recalls that their efforts do not relieve States from their responsibility to provide migrants with free legal assistance and representation. Moreover, States should always allow non-governmental organizations, university legal clinics and pro bono lawyers to carry out their work unhindered.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","4. Free legal and interpretation assistance"]},{"id":"cmw-c-gc-5-0068","docId":"cmw-c-gc-5","idx":68,"n":68,"text":"68. The Committee recognizes that, in order to gain full access to justice, migrants must obtain a well-founded and reasoned decision on their immigration or international protection proceedings so that they can appeal that decision, if necessary, and defend their rights adequately. Notification of that decision must be made in a personal and written manner to the migrant and, where appropriate, to his or her legal representatives, allowing sufficient time for appeal.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","D. Judicial guarantees","4. Free legal and interpretation assistance"]},{"id":"cmw-c-gc-5-0069","docId":"cmw-c-gc-5","idx":69,"n":69,"text":"69. The Committee has received information about various acts of violence, in particular sexual violence, child and forced labour and trafficking for the purpose of sexual exploitation, perpetrated against migrants who have been deprived of their liberty. Women, children, persons with disabilities and lesbian, gay, bisexual, transgender and intersex persons are highly vulnerable to abuse in immigration detention centres. In some cases, the abuse amounts to torture. The Committee notes that migrants are at an increased risk of human rights violations while in detention, and States have an obligation to prevent, investigate, prosecute and punish any acts of torture, cruel, inhuman or degrading treatment or punishment or other human rights violations by detention facility personnel, detainees or any other person.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","E. Prohibition of torture and cruel, inhuman or degrading treatment or punishment"]},{"id":"cmw-c-gc-5-0070","docId":"cmw-c-gc-5","idx":70,"n":70,"text":"70. Information received by the Committee also indicates that some States place migrants in solitary confinement. That practice has severely negative health effects and, in some cases, has led to suicide or irreparable psychological damage. The Committee recalls that solitary confinement is not appropriate to manage or ensure the protection of migrants, asylum-seekers, refugees, persons in need of complementary or subsidiary protection, stateless persons, victims of trauma, torture or cruel, inhuman or degrading treatment or persons with disabilities. The Committee agrees with the Human Rights Committee and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, that prolonged solitary confinement constitutes an act of torture.[[fn:11]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":11,"text":"Human Rights Committee, general comment No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, para. 6; and A/66/268, para. 76."}],"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","E. Prohibition of torture and cruel, inhuman or degrading treatment or punishment"]},{"id":"cmw-c-gc-5-0071","docId":"cmw-c-gc-5","idx":71,"n":71,"text":"71. The Committee has received reports of migrants who have been returned to detention centres where they were at risk of torture or cruel, inhuman or degrading treatment. The Committee has maintained that the principle of non-refoulement, the prohibition of the transfer of persons by force, in any form, to countries where they may become victims of persecution or serious human rights violations, includes the prohibition of the return of persons to locations where they are subjected to inhuman and degrading conditions of detention, the absence of necessary medical treatment, especially during a pandemic or any other serious public emergency, or threats to the enjoyment of the rights to life and to health (articles 9–10 and 28 of the Convention). Furthermore, the Committee recalls that the rejection and return at national borders of persons who might require international protection, without analysing individual rights and claims to protection, is in violation of the prohibition of collective expulsion and the principle of non-refoulement.","labels":["Migrants","Children","Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","E. Prohibition of torture and cruel, inhuman or degrading treatment or punishment"],"citedArticles":[{"treaty":"CMW","article":"9","source":"regex"}]},{"id":"cmw-c-gc-5-0072","docId":"cmw-c-gc-5","idx":72,"n":72,"text":"72. Article 11 of the Convention requires all States parties to take effective measures against all forms of forced or compulsory labour imposed on migrant workers. The Committee expresses its concern about the presence of human trafficking networks within immigration detention centres. The Committee has also received reports of detained migrants who have been subjected, under threat of punishment, to prolonged forced and/or underpaid or unpaid labour.","labels":["Refugees & asylum-seekers","Migrants","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","F. Prohibition of slavery, servitude and forced or compulsory labour"],"citedArticles":[{"treaty":"CMW","article":"11","source":"regex"}]},{"id":"cmw-c-gc-5-0073","docId":"cmw-c-gc-5","idx":73,"n":73,"text":"73. The Committee highlights that the prohibition of slavery, servitude, forced or compulsory labour and trafficking in persons is absolute under international law and is a norm of jus cogens. States have an obligation to ensure that migrants who are deprived of their liberty are protected from all forms of slavery, servitude, forced or compulsory labour and trafficking. States should establish mechanisms to identify victims of trafficking and abuse by traffickers and should provide victims with protection and assistance. Furthermore, States should conduct prompt, effective and impartial investigations into all cases of trafficking and abuse by traffickers and prosecute and punish the perpetrators of such acts and their accomplices, including in the case of public officials. The obligation to investigate, prosecute and punish any act of international human trafficking requires judicial cooperation from all States involved.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","F. Prohibition of slavery, servitude and forced or compulsory labour"]},{"id":"cmw-c-gc-5-0074","docId":"cmw-c-gc-5","idx":74,"n":74,"text":"74. Migrant workers and members of their families have the right to privacy and to family life without interference. Those rights are closely linked to the principle of non-detention of children and the principle of the best interests of the child being taken as a primary consideration. The Committee considers that it is the right of migrant children with families not to be deprived of their liberty and that such children and families should be granted measures for their care and reception.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","G. Right to privacy and family life"]},{"id":"cmw-c-gc-5-0075","docId":"cmw-c-gc-5","idx":75,"n":75,"text":"75. Information received by the Committee indicates that migrants who are deprived of their liberty often face serious difficulties in gaining access to health services and medical care in detention centres. Reproductive health care for women held in detention, in particular pregnant women, is reportedly often inadequate.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","H. Right to health"]},{"id":"cmw-c-gc-5-0076","docId":"cmw-c-gc-5","idx":76,"n":76,"text":"76. States should ensure that detained migrants have access to physical and mental health services, including sexual and reproductive health services and psychological care. In the absence of adequate conditions in detention centres, detained migrants in need of medical care should be transferred to adequate facilities. Moreover, taking into account the psychological and physical effects of detention on migrants, States should assess detained migrants’ physical and mental health on a regular basis. States should take all measures necessary to ensure that all migrant workers and members of their families who are deprived of their liberty, regardless of their migration status, enjoy, both in law and in practice, access to health services under the same conditions as nationals of the State party.[[fn:12]]","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":12,"text":"Committee’s general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, para. 72."}],"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","H. Right to health"]},{"id":"cmw-c-gc-5-0077","docId":"cmw-c-gc-5","idx":77,"n":77,"text":"77. In a context such as the COVID-19 pandemic, the Committee agrees with the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment[[fn:13]] and the Committee on the Elimination of Racial Discrimination[[fn:14]] that States should take the precautionary measures necessary to prevent the spread of the virus and implement emergency measures to ensure that detained migrants have access to appropriate levels of medical and preventive care and maintain contact with their families and the outside world. The Committee recalls its guidance note on the impact of the COVID-19 pandemic on the human rights of migrants, issued jointly with the Special Rapporteur on the human rights of migrants, and the guidance note on equitable access to COVID-19 vaccines for all migrants, issued jointly with several special procedure and other human rights-related mandate holders. The Committee urges States to fully implement the recommendations therein, paying special attention to integrating migrant workers into national COVID-19 prevention and response plans and policies, ensuring that they take into account the gender, age and diversity of migrants and that they respect the right to health, including by ensuring that the provision of tests, essential medicines, prevention measures, treatment and vaccines are provided in a non-discriminatory manner, and to provide equitable access to COVID-19 vaccination for all migrants on a non-discriminatory basis, regardless of their nationality, migration status or situation of statelessness.","labels":["Migrants","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":13,"text":"See CAT/OP/10."},{"n":14,"text":"CERD/C/GRC/CO/20-22, para. 23; CERD/C/ESP/CO/21-23, para. 22; and CERD/C/NOR/CO/21-22, para. 36."}],"section":["V. Legal obligations of States parties to the Convention to protect the right to liberty of migrant workers and members of their families","H. Right to health"]},{"id":"cmw-c-gc-5-0078","docId":"cmw-c-gc-5","idx":78,"n":78,"text":"78. Migrant workers and members of their families have the right not to be arbitrarily deprived of their property. In that regard, State authorities are obliged to protect the identity and personal documents of migrant workers and members of their families. Nevertheless, it is common practice for State authorities to retain people’s belongings during immigration detention, including cellular telephones, cash, bank cards and identity and personal documents. In some cases, the property is never returned to the owner.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents"]},{"id":"cmw-c-gc-5-0079","docId":"cmw-c-gc-5","idx":79,"n":79,"text":"79. The Committee considers that, while States have a legitimate interest in, and legal and ethical responsibilities for, ensuring the safety of migrant workers and members of their families in detention and may take measures to that end, such as temporarily withholding the belongings of detainees, it is not within the interest of migrants to have their belongings withheld for longer than the detention period. States should therefore set clear criteria and establish an inventory of retained belongings. It is also necessary to ensure that migrants have access to their belongings whenever necessary, that indispensable belongings are not withheld and that belongings that are withheld do not include essential items, such as medicines, devices needed by persons with complex communication or mobility requirements, the telephone numbers of close relations and identity documents. For all other belongings, custody must be supervised, and it must be ensured that those belongings are returned to the migrant at the end of detention. Migrants should be provided with a receipt or similar document with an inventory of retained belongings and the rationale for their retention.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents"]},{"id":"cmw-c-gc-5-0080","docId":"cmw-c-gc-5","idx":80,"n":80,"text":"80. The Committee recalls that the right to identity, including the right to a name, birth registration and a nationality, is central to the enjoyment of all other rights recognized in the Convention and other international treaties. Withholding migrants’ identity documents is never appropriate; it violates the right not only to property, but also to identity, and leaves migrant workers and members of their families more vulnerable to violations of their other rights. The Committee also recalls that each child of a migrant worker has the right to birth registration and nationality, pursuant to article 29 of the Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents"],"citedArticles":[{"treaty":"CMW","article":"29","source":"regex"}]},{"id":"cmw-c-gc-5-0081","docId":"cmw-c-gc-5","idx":81,"n":81,"text":"81. The Committee considers that poor conditions of detention may constitute torture or cruel, inhuman or degrading treatment and may increase the risk of violations of other rights, including the right to health, food, adequate housing, safe water and sanitation. In addition, torture or cruel, inhuman or degrading treatment may occur if inadequate detention conditions are intentionally imposed, encouraged or tolerated by the State on the basis of discrimination of any kind, including migration status, or in order to deter migrant workers and members of their families from continuing their immigration or international protection proceedings, or to intimidate or punish them for doing so.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","J. Conditions of detention"]},{"id":"cmw-c-gc-5-0082","docId":"cmw-c-gc-5","idx":82,"n":82,"text":"82. Immigration detention facilities must therefore meet the highest standards to ensure the dignity and well-being of detainees. The Committee stresses that detention should never take place in facilities with punitive characteristics. Any detention of migrants must take place in appropriate, sanitary, non-punitive facilities and should not take place in prisons.[[fn:15]]","labels":["Migrants","Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"footnotes":[{"n":15,"text":"Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, para. 18."}],"section":["I. Right to property and obligation to protect identity and personal documents","J. Conditions of detention"]},{"id":"cmw-c-gc-5-0083","docId":"cmw-c-gc-5","idx":83,"n":83,"text":"83. In order to guarantee that immigration detention takes place in non-punitive facilities, States must ensure, among other things, that: (a) migrant workers are not detained with persons prosecuted for or convicted of crimes; (b) men and women remain separated, taking into consideration the particular needs of lesbian, gay, bisexual, transgender and intersex persons; (c) sufficient space is provided and overcrowding is avoided at all costs; (d) facilities have open spaces for coexistence and recreation; (e) adequate cleaning and lighting is provided; and (f) other measures are taken that enable detainees to have an adequate standard of living, which includes appropriate clothing and bedding, heating, sufficient food in line with the physical and health conditions of the migrants and their religious beliefs, and access to safe water and sanitation and to health care, including health-care professionals, independent from detaining authorities. In addition to physical conditions, States should ensure that there are sufficient staff, both men and women, who must receive adequate training in human rights and gender sensitivity and who must be qualified to work with groups of persons who are in vulnerable situations.","labels":["Migrants","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","J. Conditions of detention"]},{"id":"cmw-c-gc-5-0084","docId":"cmw-c-gc-5","idx":84,"n":84,"text":"84. It is essential that States effectively and credibly monitor the conditions in immigration detention centres, including privately run immigration detention facilities. States are obliged to take the legislative and other measures necessary to ensure the constant monitoring of detention centres, with no restricted areas. The Committee stresses that the authority responsible for monitoring places of detention must be independent and impartial. It is not permissible for the same authority responsible for implementing the immigration policy or in charge of detention centres to carry out that task. It is necessary to strengthen, on the basis of various cooperation strategies, including by the institutions involved, the system of mental health management available to migrants, in order to avoid behaviours that could endanger their integrity or their lives, and, when necessary, to provide them with the appropriate treatment to respond to the traumatic situation that they may be experiencing, ensuring that staff in contact with them have the ability to warn them of such situations and to maintain the appropriate level of emotional stability themselves.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","K. Monitoring human rights in places of detention"]},{"id":"cmw-c-gc-5-0085","docId":"cmw-c-gc-5","idx":85,"n":85,"text":"85. Even if there is an authority or body responsible for the supervision of places of detention, the participation of national human rights institutions and civil society organizations, which do not replace the obligations of States, is essential and relevant for the defence of the rights of migrant workers and members of their families. The Committee recalls that national human rights institutions play a crucial role in promoting and monitoring the effective implementation of international human rights standards at the national level, therefore, their work must be fully guaranteed. States should authorize access to detention facilities, including privately run immigration detention facilities, for national human rights institutions, civil society organizations, academia and international and regional bodies, such as the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Office of the United Nations High Commissioner for Human Rights, the Office of the United Nations High Commissioner for Refugees, the United Nations Children’s Fund and the International Committee of the Red Cross, to ensure independent and autonomous monitoring. Information and documentation relating to the facility and persons held there, and the possibility of conducting private and confidential interviews with detainees and staff, must be available for independent monitoring entities.","labels":["Migrants","Women/girls","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","K. Monitoring human rights in places of detention"]},{"id":"cmw-c-gc-5-0086","docId":"cmw-c-gc-5","idx":86,"n":86,"text":"86. To enable independent monitoring of immigration detention facilities, States should take measures to allow monitoring entities, among other things, to: (a) visit any place where immigration detention might occur and to do so unannounced; (b) choose the places that they want to visit and the persons whom they want to interview; (c) obtain any information that they need, including requesting reports before, during and after their monitoring visits and receiving a prompt response to such requests; (d) make public the results of their inspections and recommendations, while preventing the disclosure of information that might put a migrant at risk; and (e) ensure that migrants or staff who are interviewed by the monitoring entities are not subjected to reprisals.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","K. Monitoring human rights in places of detention"]},{"id":"cmw-c-gc-5-0087","docId":"cmw-c-gc-5","idx":87,"n":87,"text":"87. The Committee recalls that the objective of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as provided for in the preamble and article 1 thereof, is to establish a system of regular visits undertaken by independent international and national bodies to places where persons are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment, which is a non-derogable obligation under international law. States parties to the Optional Protocol should ensure that detention facilities are monitored by such bodies, in particular by their national mechanisms for the prevention of torture.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","K. Monitoring human rights in places of detention"],"citedArticles":[{"article":"1","treaty":"OPCAT","confidence":"high","source":"sonnet","rationale":"Text explicitly discusses the Optional Protocol to CAT (OPCAT) — 'the preamble and article 1 thereof' refers to article 1 of OPCAT which establishes the system of regular visits to places of detention. The regex assigned CAT but the text names OPCAT by full title and the article belongs to that Protocol."}]},{"id":"cmw-c-gc-5-0088","docId":"cmw-c-gc-5","idx":88,"n":88,"text":"88. In the context of public emergencies, such as the COVID-19 pandemic, States should take steps to ensure that monitoring is carried out in such a way that allows for international and national bodies to carry out their mandate in detention facilities in line with the principle to do no harm, minimizing the need for physical contact, but offering opportunities for preventive involvement.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["I. Right to property and obligation to protect identity and personal documents","K. Monitoring human rights in places of detention"]},{"id":"cmw-c-gc-5-0089","docId":"cmw-c-gc-5","idx":89,"n":89,"text":"89. States should establish independent monitoring and accountability mechanisms in immigration detention centres and generate systematic reporting mechanisms. That can be achieved through cooperation between detention authorities and other stakeholders, such as national human rights institutions, parliamentarians, civil society, academia and international organizations. States should also provide support to all interested parties that file complaints on behalf of victims of crime, abuse or human rights violations in immigration detention centres. Furthermore, States should establish official mechanisms and procedures to provide effective remedies for human rights violations perpetrated in detention centres, provide comprehensive redress to victims and hold State and private authorities accountable for such violations.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["VI. Supervision and accountability"]},{"id":"cmw-c-gc-5-0090","docId":"cmw-c-gc-5","idx":90,"n":90,"text":"90. The Committee notes that States do not usually provide accessible public information or disaggregated data on the number, age, gender and nationality of migrants detained or on the conditions of their detention. The Committee recommends that States adopt mechanisms to allow access to public information on the rights and conditions of migrant workers deprived of their liberty. The Committee also recommends that States collect and process such information for the development of evidence-based public policies. States should implement information systems to establish whether and where a migrant is detained, which is also conducive to strengthened efforts to search for missing migrants. Such systems should safeguard the rights to privacy and data protection that protect asylum-seekers, refugees, stateless persons and members of other groups in vulnerable situations in need of additional protection, and the principle of confidentiality in the field of data protection.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["VII. Access to information and data collection and indicators"]},{"id":"cmw-c-gc-5-0091","docId":"cmw-c-gc-5","idx":91,"n":91,"text":"91. States parties should broadly disseminate the present general comment to all stakeholders, including State authorities, national human rights institutions, the private sector, including private detention facilities, civil society, the media and all migrants, regardless of their status.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["VIII. Dissemination and use of the present general comment and reporting"]},{"id":"cmw-c-gc-5-0092","docId":"cmw-c-gc-5","idx":92,"n":92,"text":"92. The relevant parts of the present general comment should be incorporated into the official pre-employment training and other official training of all employees, in particular technical staff, and of the authorities and staff responsible for the administration of immigration detention and law enforcement.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Persons deprived of their liberty","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["VIII. Dissemination and use of the present general comment and reporting"]},{"id":"cmw-c-gc-5-0093","docId":"cmw-c-gc-5","idx":93,"n":93,"text":"93. States parties should include in their reports submitted under article 73 of the Convention information on the measures taken in the implementation of the present general comment and the results achieved.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["VIII. Dissemination and use of the present general comment and reporting"],"citedArticles":[{"treaty":"CMW","article":"73","source":"regex"}]},{"id":"cmw-c-gc-5-0094","docId":"cmw-c-gc-5","idx":94,"n":94,"text":"94. The Committee encourages States that have not yet done so to ratify or accede to the Convention, including the formulation of binding declarations under articles 76 and 77.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IX. Ratification or accession and reservations to the Convention"],"citedArticles":[{"treaty":"CMW","article":"76","source":"regex"},{"treaty":"CMW","article":"77","source":"regex"}]},{"id":"cmw-c-gc-5-0095","docId":"cmw-c-gc-5","idx":95,"n":95,"text":"95. States parties are encouraged to review, amend or withdraw reservations made during ratification or accession, with a view to ensuring that migrant workers and members of their families who are deprived of their liberty fully enjoy their rights under the Convention.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2021,"section":["IX. Ratification or accession and reservations to the Convention"]},{"id":"cmw-c-gc-6-0001","docId":"cmw-c-gc-6","idx":1,"n":1,"text":"The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which was adopted by the General Assembly in its resolution 45/158 of 18 December 1990 and entered into force in 2003, contains legally binding obligations that relate both in general and specific terms to the protection of the human rights of all migrant workers and members of their families. It recognizes rights as minimum guarantees in the specific context of migration and the vulnerabilities faced by the persons concerned.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["I. Foreword"]},{"id":"cmw-c-gc-6-0002","docId":"cmw-c-gc-6","idx":2,"n":2,"text":"The Global Compact for Safe, Orderly and Regular Migration[[fn:1]] (Global Compact), adopted in December 2018, is a global multilateral cooperation initiative on human mobility. Although it is not a legally binding instrument, it represents a commitment by States to tackle a structural phenomenon through cooperation, with a comprehensive, multisectoral and participatory approach, seeking solutions to existing challenges, including the protection of migrants and members of their families.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":1,"text":"General Assembly resolution 73/195, annex."}],"section":["I. Foreword"]},{"id":"cmw-c-gc-6-0003","docId":"cmw-c-gc-6","idx":3,"n":3,"text":"These two international instruments were designed to promote international cooperation in the governance of international migration and the defence of the rights of migrants and members of their families.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["I. Foreword"]},{"id":"cmw-c-gc-6-0004","docId":"cmw-c-gc-6","idx":4,"n":4,"text":"4. The purpose of the present general comment is to provide clarifications, explanations and some guidelines to throw light on the link between the relevant standards and the basis of these two United Nations instruments on the human rights of migrants.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["I. Foreword"]},{"id":"cmw-c-gc-6-0005","docId":"cmw-c-gc-6","idx":5,"n":5,"text":"5. In the present general comment, the Committee emphasizes the need to better guide States in the development and implementation of strategies aimed at placing the human rights of migrant workers and members of their families at the centre of policies and actions relating to international migration and reaffirms the importance of taking better account of the positive impact of migration on the development of countries and of placing migration issues in the context of the Sustainable Development Goals. The Committee submits this general comment in order to reaffirm that, without prejudice to the legal nature of regional and global agreements on migration governance, full compliance with applicable international human rights instruments must always be ensured.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["II. Introduction"]},{"id":"cmw-c-gc-6-0006","docId":"cmw-c-gc-6","idx":6,"n":6,"text":"6. The guidelines provided are based on the Committee’s practices and deliberations on the nature and scope of the two instruments, taking into account the convergence that occurs between certain common aspects, bearing in mind that States’ efforts to harmonize and implement the Global Compact must be consistent with the obligations contained in the Convention.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["II. Introduction"]},{"id":"cmw-c-gc-6-0007","docId":"cmw-c-gc-6","idx":7,"n":7,"text":"7. The Committee notes that, despite the will of the international community to strengthen migration governance through these two fundamental instruments, the global migration context continues to be marked by an increasing number of serious and repeated violations of the human rights of migrant workers and members of their families because of problems in migration governance, policies of discrimination and exclusion, and repressive measures currently in place in several countries. With this in mind, the Committee established a working group on the Convention and the Global Compact in April 2019. At its intersessional meeting on 12 November 2020, it decided to prepare a draft of general comment No. 6 on the points of convergence of the Convention and the Global Compact;[[fn:2]] the working group produced a number of documents, including a first draft comparative analysis of the Convention and the Global Compact, a Committee position paper for the Global Forum on Migration and Development and a paper analysing the four-dimensional vision[[fn:3]] of human rights in the Global Compact.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":2,"text":"An extraordinary meeting of the working group was held in Agadir, Morocco, on 10 and 11 May 2022, followed by a half-day of general discussion in hybrid format at the thirty-fifth session of the Committee on 27 September 2022 in Geneva."},{"n":3,"text":"The first dimension emerges when human rights are identified as one of the guiding principles for the interpretation of the Global Compact. The second relates to specific express or implicit references to human rights in the Global Compact and elements that identify them. The third dimension emerges when the phrase “human rights” is used generically in the Global Compact. The last dimension, the fourth, concerns the express reference in the text of the Global Compact to documents drawn up by the United Nations in which the vision of human rights is already present."}],"section":["II. Introduction"]},{"id":"cmw-c-gc-6-0008","docId":"cmw-c-gc-6","idx":8,"n":8,"text":"8. The Committee also called for written submissions from various stakeholders to expand on the concept note and draft outline of general comment No. 6. The second draft was announced at the Committee’s thirty-sixth session, from 27 March to 6 April 2023, and presented at its thirty-seventh session, from 27 November to 8 December 2023, following prior regional consultations with the various stakeholders, before being reviewed at the working group meeting on 26 and 27 April 2024.[[fn:4]] The present general comment was adopted at the Committee’s thirty-eighth session, held in Geneva from 3 to 14 June 2024.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":4,"text":"On 7 and 8 November 2023, the Committee organized, in Dakar, in-person regional consultations for States members of the Economic Community of West African States and other stakeholders. In addition, in collaboration with the Regional Office for South America of the Office of the United Nations High Commissioner for Human Rights (OHCHR), located in Santiago, and the OHCHR Regional Office for Central America and the Dominican Republic, located in Panama, the Committee held online regional consultations on 14 and 15 November 2023, with the participation of representatives of States, civil society organizations and national human rights institutions."}],"section":["II. Introduction"]},{"id":"cmw-c-gc-6-0009","docId":"cmw-c-gc-6","idx":9,"n":9,"text":"9. The Committee recalls the binding nature of human rights treaties and the mandate given to the committees established to monitor the implementation of these treaties, to interpret their articles on the basis of the principles of the Universal Declaration of Human Rights and to provide authoritative guidance to States through general comments. Consequently, an essential aspect of the convergence of the Convention, the Global Compact and other human rights treaties would be that references to human rights in the Global Compact must be applied on the basis of the specific provisions for each right in the respective treaties, including criteria for interpretation and international standards established by the treaty bodies in the exercise of their respective mandates.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["III. Scope and principles of the general comment"]},{"id":"cmw-c-gc-6-0010","docId":"cmw-c-gc-6","idx":10,"n":10,"text":"10. The Committee emphasizes that, in developing policies and practices − at local, national, bilateral or multilateral levels − aimed at implementing the Global Compact, which have a direct or indirect impact on the protection and safeguarding of human rights, it is essential for every State to have recourse to the provisions of international human rights standards, including their interpretation by the competent bodies.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["III. Scope and principles of the general comment"]},{"id":"cmw-c-gc-6-0011","docId":"cmw-c-gc-6","idx":11,"n":11,"text":"11. The present general comment clarifies the scope of the Convention and the Global Compact, highlighting similar or corollary themes and convergent approaches to project an overall vision of migration based on international human rights law.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["III. Scope and principles of the general comment"]},{"id":"cmw-c-gc-6-0012","docId":"cmw-c-gc-6","idx":12,"n":12,"text":"12. The Committee offers a cross-analysis of the two instruments to formulate a number of authoritative guidelines aimed at strengthening human rights-based migration policies. In the present general comment, the Committee expresses its views in particular on the vision and principles of both instruments, non-discrimination, legal personality and identity, irregular migration, decent work, the rights of women and children, access to justice, due process and alternatives to detention, smuggling of migrants and trafficking in migrants, remittances, income and savings, return and reintegration.","labels":["Children","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["III. Scope and principles of the general comment"]},{"id":"cmw-c-gc-6-0013","docId":"cmw-c-gc-6","idx":13,"n":13,"text":"13. The Convention and the Global Compact are the main international instruments on migration. They are unique, complementary and mutually reinforcing in advancing migration governance and promoting and protecting the rights of all migrants and members of their families, regardless of their migration status.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0014","docId":"cmw-c-gc-6","idx":14,"n":14,"text":"14. The Convention aims to protect all migrant workers and members of their families against human rights abuses. It is dedicated to the recognition of the rights of all migrant workers and members of their families.[[fn:5]] The Convention constitutes the best means of preventing vulnerability and protecting migrants and members of their families from abuse and trafficking in persons, promoting family reunification and reducing unauthorized transit and employment under unfavourable working conditions, while seeking to ensure compliance with the laws and procedures established in the States concerned.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":5,"text":"Convention, arts. 7–63."}],"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0015","docId":"cmw-c-gc-6","idx":15,"n":15,"text":"15. The Global Compact, which focuses primarily on governance, aims to regulate migration while promoting an optimal framework for international cooperation. It recalls that all migrants’ human rights must be ensured regardless of migration status. It urges States and other stakeholders to take concrete steps to ensure that migrants have access to and can enjoy their rights in practice. The Global Compact also pays particular attention to ensuring the human rights of migrants in vulnerable situations. It ensures that there is a common understanding of mechanisms for regular migration, which, when it is organized, is considered beneficial for all. It thus places great importance on migration governance, as reflected in its vision, guiding principles and 23 objectives. In this guidance document, human rights are seen as one of the guiding principles governing the pursuit of organized migration by Governments and other actors under international human rights instruments.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0016","docId":"cmw-c-gc-6","idx":16,"n":16,"text":"16. The two instruments share common dimensions in terms of the promotion of human rights, but at the same time have aspects that set them apart because of the interval between their dates of adoption. As the Global Compact was adopted in 2018 and the Convention in 1990, the latter contains human rights that are not regulated by the Global Compact and vice versa. The human rights most explicitly mentioned in the text of the Global Compact are the rights to privacy and the protection of personal data in relation to data generation or collection or to situations of vulnerability caused by natural disasters, the adverse effects of climate change and environmental degradation.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0017","docId":"cmw-c-gc-6","idx":17,"n":17,"text":"17. Nevertheless, the Committee emphasizes that a growing number of themes, issues and challenges related to the protection of the rights of migrants and members of their families have been progressively included, not least as a result of a dynamic interpretation of the Convention as a living instrument.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0018","docId":"cmw-c-gc-6","idx":18,"n":18,"text":"18. Both instruments are important and mutually reinforcing in guiding migration policies based on a human rights approach to migrants and members of their families. The Committee specifies the principles that should govern this aspect of international human rights law.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IV. Vision and principles of both instruments"]},{"id":"cmw-c-gc-6-0019","docId":"cmw-c-gc-6","idx":19,"n":19,"text":"19. The Convention and the Global Compact reaffirm the principle of non-discrimination, guided by an intersectional approach, and the principle of non-regression. The Convention establishes that States are to respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for thereunder without distinction of any kind. The Global Compact reaffirms the commitment to eliminate all forms of discrimination, including racism, xenophobia and intolerance, against migrants and members of their families.[[fn:6]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":6,"text":"Global Compact, para. 15 (f)."}],"section":["V. Non-discrimination"]},{"id":"cmw-c-gc-6-0020","docId":"cmw-c-gc-6","idx":20,"n":20,"text":"20. The Committee, for its part, emphasizes that the principle of non-discrimination is fundamental to international human rights instruments and is considered a jus cogens norm. States are under an obligation to ensure that their laws and practices are non-discriminatory. They must also take positive measures to prevent, reduce and eliminate conditions and attitudes that cause or perpetuate de facto discrimination against migrant workers and members of their families.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination"]},{"id":"cmw-c-gc-6-0021","docId":"cmw-c-gc-6","idx":21,"n":21,"text":"21. Both the Convention and the Global Compact focus on the need to promote a public discourse free of discrimination, racism[[fn:7]] and xenophobia. The Convention recognizes the right of migrant workers and members of their families to freedom of expression, which may be subject to certain restrictions, but these must only be such as are provided by law and are necessary, including for the purpose of preventing any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.[[fn:8]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":7,"text":"General Assembly resolution 76/266, annex, para. 54."},{"n":8,"text":"Convention, art. 13, para. 3 (d)."}],"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0022","docId":"cmw-c-gc-6","idx":22,"n":22,"text":"22. States are also under an obligation to take effective measures to fight all manifestations of racism, xenophobia or related intolerance against migrant workers and members of their families, especially those in an irregular situation, such as hate crimes, incitement to hatred and hate speech, including by political figures and in the media, and to raise public awareness about the criminal nature of such acts with a view to promoting respect for migrant workers’ human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0023","docId":"cmw-c-gc-6","idx":23,"n":23,"text":"23. States should develop concrete measures to foster intercultural dialogue between migrant and host communities and to prevent and address xenophobia or any form of discrimination or related intolerance against migrant children. In addition, integrating human rights education into school curricula would help prevent xenophobic attitudes or other forms of discrimination that could affect the integration of migrant children, migrants and members of their families into society in the long term.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0024","docId":"cmw-c-gc-6","idx":24,"n":24,"text":"24. The Global Compact defines the elimination of all forms of discrimination and the promotion of evidence-based public discourse[[fn:9]] to shape perceptions of migration as one of the objectives of safe, orderly and regular migration.[[fn:10]] It states that independent, objective and quality journalism should be promoted and that the allocation of public funding or material support to media outlets that systematically promote all forms of discrimination against migrants should be stopped.[[fn:11]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":9,"text":"General Assembly resolution 76/266, annex, para. 54."},{"n":10,"text":"Global Compact, objective 17."},{"n":11,"text":"Ibid., para. 33 (c)."}],"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0025","docId":"cmw-c-gc-6","idx":25,"n":25,"text":"25. The Global Compact also states that mechanisms should be established to prevent, detect and respond to racial, ethnic and religious profiling of migrants by public authorities, and to systematic instances of intolerance, xenophobia, racism and all other multiple and intersecting forms of discrimination, in partnership with national human rights institutions, including by conducting and publishing trend analyses and ensuring access to effective complaint and redress mechanisms.[[fn:12]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":12,"text":"Ibid., para. 33 (d)."}],"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0026","docId":"cmw-c-gc-6","idx":26,"n":26,"text":"26. The Global Compact further states that migrants, political, religious and community leaders, and educators and service providers, should be encouraged to detect and prevent incidences of intolerance, racism, xenophobia and other forms of discrimination against migrants and diasporas, and support activities in local communities to promote mutual respect, including in the context of electoral campaigns.[[fn:13]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":13,"text":"Ibid., para. 33 (g)."}],"section":["V. Non-discrimination","A. Rights and freedoms","1. Freedom of expression"]},{"id":"cmw-c-gc-6-0027","docId":"cmw-c-gc-6","idx":27,"n":27,"text":"27. The Convention emphasizes that migrant workers and members of their families − including women, children and persons with disabilities − must have the right to form and, subject only to the rules of the organization concerned, to join associations and trade unions for the protection of their economic, social, cultural and other interests.[[fn:14]] However, although the Global Compact does not explicitly mention freedom of association, it creates a framework that, converging with the Convention, protects and supports this right indirectly by promoting social inclusion through the full participation of migrants and their family members in the social and civic life in host countries.","labels":["Children","Migrants","Persons with disabilities","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":14,"text":"See the International Labour Organization Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)."}],"section":["V. Non-discrimination","A. Rights and freedoms","2. Freedom of association"]},{"id":"cmw-c-gc-6-0028","docId":"cmw-c-gc-6","idx":28,"n":28,"text":"28. Both the Convention and the Global Compact provide protection against discrimination for the children of migrants and other members of their families, and non-discriminatory access to education for migrant children.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination","A. Rights and freedoms","3. Access to education"]},{"id":"cmw-c-gc-6-0029","docId":"cmw-c-gc-6","idx":29,"n":29,"text":"29. The application of a gender-sensitive approach to combat discrimination, the implementation of non-discriminatory checking and management of migration, respect for human rights and non-discrimination standards, social inclusion in the practice of detention and migrants’ access to social services must be ensured without distinction of any kind.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination","A. Rights and freedoms","3. Access to education"]},{"id":"cmw-c-gc-6-0030","docId":"cmw-c-gc-6","idx":30,"n":30,"text":"30. The Convention recognizes the right of migrant workers and members of their families in a regular situation to equality of treatment with nationals of the State of employment in relation to access to various economic and social services.[[fn:15]] It ensures the equitable right of all migrant workers and members of their families to social security, subject to applicable legislation and treaties,[[fn:16]] including respect for the principle of non-discrimination.[[fn:17]] It provides for the right to receive emergency medical care without discrimination of any kind, including discrimination based on any irregularity with regard to stay or employment.[[fn:18]] In the Global Compact, States undertook to ensure that migrants, regardless of their migration status, exercise their fundamental rights through safe access to basic services. However, by encouraging States to strengthening migrant-inclusive service delivery systems, it ensures that both nationals and regular migrants are entitled to more comprehensive service provision, while specifying that any differential treatment must be based on law, be proportionate and pursue a legitimate aim, in accordance with international human rights law. The Committee reminds States that, in pursuing the objectives of the Global Compact concerning access to social services, they must be guided by applicable international standards, in particular those established by the Committee itself, the Committee on Economic, Social and Cultural Rights and, from an intersectional perspective, the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities.","labels":["Children","Migrants","Persons with disabilities","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":15,"text":"Convention, arts. 43 and 45."},{"n":16,"text":"Ibid., art. 27."},{"n":17,"text":"Ibid., art. 7."},{"n":18,"text":"Ibid., art. 28."}],"section":["V. Non-discrimination","B. Access to basic social services: social security and housing"]},{"id":"cmw-c-gc-6-0031","docId":"cmw-c-gc-6","idx":31,"n":31,"text":"31. The Committee considers that States must facilitate migrant workers’ access to an adequate standard of living, including through access to decent housing, water and sanitation, food, social protection and health, all of which are linked to the right to life. The Committee reiterates that States may not use social services for immigration control purposes, as this could not only hinder access to these rights and worsen the vulnerable situation of the persons concerned, but also undermine the achievement of social policy objectives. States must establish firewalls, in law and in practice, to ensure that social services do not report immigration status to the authorities responsible for controlling the residence of migrants. The rights set out in the Convention apply to all migrant workers and members of their families, including those in an irregular situation.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["V. Non-discrimination","B. Access to basic social services: social security and housing"]},{"id":"cmw-c-gc-6-0032","docId":"cmw-c-gc-6","idx":32,"n":32,"text":"32. Both the Convention and the Global Compact refer to the right to recognition as a person before the law and identity. The Convention refers to the recognition of all migrant workers and members of their families everywhere as persons before the law.[[fn:19]] The Global Compact recognizes legal identity as a human right.[[fn:20]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":19,"text":"Ibid., art. 24."},{"n":20,"text":"Global Compact, para. 20."}],"section":["VI. Legal personality and identity"]},{"id":"cmw-c-gc-6-0033","docId":"cmw-c-gc-6","idx":33,"n":33,"text":"33. The Convention affirms the need to provide identity documents to all migrant workers and members of their families. The Global Compact encourages States to provide migrants with proof of legal identity and adequate documentation,[[fn:21]] to enable national and local authorities to ascertain a migrant’s legal identity upon arrival, during their stay and upon their return, and to ensure effective migration procedures, efficient service provision and improved public safety.[[fn:22]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":21,"text":"Ibid., objective 4."},{"n":22,"text":"Ibid., para. 20."}],"section":["VI. Legal personality and identity"]},{"id":"cmw-c-gc-6-0034","docId":"cmw-c-gc-6","idx":34,"n":34,"text":"34. Article 29 of the Convention recognizes the right of every child of a migrant worker to a name, to registration of birth and to nationality, regardless of the migration status of the parents. The Committee affirms that legal identity is often a prerequisite for access to various fundamental rights, so that depriving children, particularly those in an irregular situation, of it is likely to increase their vulnerability throughout their lives, especially as it may lead to violations of other rights, such as access to education and health services. Without expressly specifying this right, the Global Compact implies it when it provides that States should make a commitment to ensure that migrants are issued with documentation such as birth certificates.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VI. Legal personality and identity"],"citedArticles":[{"treaty":"CMW","article":"29","source":"regex"}]},{"id":"cmw-c-gc-6-0035","docId":"cmw-c-gc-6","idx":35,"n":35,"text":"35. The Committee has already recommended that States take appropriate measures to protect the children of migrant workers from statelessness. Furthermore, States should adopt effective measures, including legislative reform, to ensure that all births of children of migrant workers on their territory are registered in the civil registry, without discrimination of any kind, including that based on migration status.[[fn:23]] Consequently, the Committee has condemned and considered as a violation of article 29 of the Convention the fact that civil registry offices do not issue birth certificates to the children of migrant workers, whether or not they are in a regular situation.[[fn:24]] For the Committee, States should ensure that women migrant workers and women who are members of the family of a migrant worker are legally able to acquire, transfer, retain and change their nationality on an equal basis with men.[[fn:25]] The Global Compact also encourages States to ensure that women and men can equally confer their nationality on their children and provide nationality to children born in another State’s territory, especially in situations where a child would otherwise be stateless.[[fn:26]]","labels":["Children","Migrants","Non-citizens and stateless","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":23,"text":"CMW/C/MEX/CO/2, para. 40; and CMW/C/MAR/CO/1, paras. 37 and 38."},{"n":24,"text":"CMW/C/EGY/CO/1, para. 34."},{"n":25,"text":"and CMW/C/SYR/CO/2-3, para. 50 (b)."},{"n":26,"text":"Global Compact, para. 20 (e)."}],"section":["VI. Legal personality and identity"],"citedArticles":[{"treaty":"CMW","article":"29","source":"regex"}]},{"id":"cmw-c-gc-6-0036","docId":"cmw-c-gc-6","idx":36,"n":36,"text":"36. According to the Committee, States should provide their nationals living abroad with identity documents or register their births;[[fn:27]] in this regard, it recommended that States provide training to judicial and law enforcement officials in the systematic registration of the births of all children of migrant workers and raise awareness among migrant workers and members of their families about the importance of birth registration,[[fn:28]] particularly for vulnerable populations and in rural areas.[[fn:29]]","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":27,"text":"CMW/C/ECU/CO/2, paras. 35 and 36; and CMW/C/PHL/CO/2, paras. 34 and 35."},{"n":28,"text":"CMW/C/BIH/CO/2, para. 36; CMW/C/AZE/CO/3, para. 46; and CMW/C/CPV/CO/1-3, para. 54; and CMW/C/VEN/CO/1, para. 39."},{"n":29,"text":"CMW/C/BLZ/CO/1, para. 33."}],"section":["VI. Legal personality and identity"]},{"id":"cmw-c-gc-6-0037","docId":"cmw-c-gc-6","idx":37,"n":37,"text":"37. The Global Compact also refers to the need for States to issue adequate, timely, reliable and accessible consular documentation to their nationals residing in other countries, including identity and travel documents, making use of information and communications technology and community outreach, particularly in remote areas.[[fn:30]] In the Committee’s view, consular services should respond effectively to the need for protection of migrant workers and members of their families and, in particular, provide the necessary assistance to persons in detention and promptly issue travel documents to all migrant workers and members of their families who wish or must return to their countries.[[fn:31]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":30,"text":"Global Compact, para. 20 (c)."},{"n":31,"text":"CMW/C/EGY/CO/1, para. 47; CMW/C/BOL/CO/1, para. 28; and CMW/C/PRY/CO/1, para. 41."}],"section":["VI. Legal personality and identity"]},{"id":"cmw-c-gc-6-0038","docId":"cmw-c-gc-6","idx":38,"n":38,"text":"38. The Convention addresses irregular migration as a matter of concern for the rights of migrant workers and members of their families. The Global Compact addresses it as a migration governance issue.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration"]},{"id":"cmw-c-gc-6-0039","docId":"cmw-c-gc-6","idx":39,"n":39,"text":"39. The Convention, while recognizing the notion of irregular migration, affirms that all migrant workers enjoy the same rights,[[fn:32]] regardless of their migration status. The Global Compact, for its part, recognizes the possibility for States to distinguish between regular and irregular migration status, within their sovereign jurisdiction, taking into account different national realities, policies, priorities and requirements for entry, residence and work.[[fn:33]] In the Global Compact, the term “irregular migrants” is used to refer to workers in an irregular situation. The Committee considers the use of this term, like the terms “undocumented” and “illegal”, to describe migrant workers to be inappropriate and tending to stigmatize them by associating them with criminality and recommends that States should avoid using these terms.[[fn:34]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":32,"text":"Convention, arts. 8–35."},{"n":33,"text":"Global Compact, para. 15 (c)."},{"n":34,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 4; and CMW/C/AZE/CO/3, paras. 10 and 11."}],"section":["VII. Irregular migration"]},{"id":"cmw-c-gc-6-0040","docId":"cmw-c-gc-6","idx":40,"n":40,"text":"40. The Committee calls on the States signatories to the Global Compact to draw on the Convention and other human rights instruments to clearly define options and procedures for ensuring and diversifying pathways to regular migration, facilitating mobility – particularly for people in vulnerable situations – and decent work, and optimizing access to basic social services and protection for migrants’ families.[[fn:35]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":35,"text":"Global Compact, para. 21."}],"section":["VII. Irregular migration"]},{"id":"cmw-c-gc-6-0041","docId":"cmw-c-gc-6","idx":41,"n":41,"text":"41. Many migrants do not have regular migration options available to them, but are forced to leave their countries of origin because of factors such as a lack of access to rights, family separation, gender-based violence and inequalities, disasters, and the adverse effects of migration, climate change and environmental degradation. The Convention establishes freedom of movement as a standard under articles 8 and 39, which guarantee, respectively, the right of all migrant workers and members of their families to leave their country of origin for a destination or host country, to settle there or to return, and of those in a regular situation to move freely in the territory of the host State. The Convention calls on States parties to promote sound, equitable, humane and lawful conditions in connection with international migration of workers and members of their families through consultation and cooperation, taking into account not only labour needs and resources, but also the social, economic, cultural and other needs of migrant workers and members of their families, and the consequences of such migration for the communities concerned.","labels":["Migrants","Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","A. Regular migration pathways"],"citedArticles":[{"treaty":"CMW","article":"8","source":"regex"},{"treaty":"CMW","article":"39","source":"regex"}]},{"id":"cmw-c-gc-6-0042","docId":"cmw-c-gc-6","idx":42,"n":42,"text":"42. The Committee emphasized that the lack of protection of the rights of persons in their countries and communities of origin creates conditions of vulnerability which, in turn, constitute increasingly significant obstacles to the safe, orderly and regular migration of these persons. The more vulnerable people are, the less likely they are to be able to exercise, in a regular and safe manner, the fundamental right to leave the country.[[fn:36]] This leads to irregular and dangerous migration processes, including transit through one or more countries and entry to and residence in third countries. At the same time, various factors, also related to conditions of vulnerability, cause people who have entered the country of residence legally to find themselves in an irregular migration situation, thereby increasing their vulnerability.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":36,"text":"Universal Declaration of Human Rights, art. 13."}],"section":["VII. Irregular migration","A. Regular migration pathways"]},{"id":"cmw-c-gc-6-0043","docId":"cmw-c-gc-6","idx":43,"n":43,"text":"43. Similarly, the Committee has emphasized the importance of domestic workers having access to regular migration pathways[[fn:37]] and, together with the Committee on the Rights of the Child, has warned that the lack of options for regular and safe migration contributes to children undertaking extremely dangerous and life-threatening migration journeys.[[fn:38]]","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":37,"text":"See Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 1 (2011)."},{"n":38,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and Committee on the Rights of the Child, joint general comment No. 3/No. 22 (2017), para. 41."}],"section":["VII. Irregular migration","A. Regular migration pathways"]},{"id":"cmw-c-gc-6-0044","docId":"cmw-c-gc-6","idx":44,"n":44,"text":"44. The Committee recommends that States significantly expand and improve channels for regular migration, through legislative and operational measures for their effective implementation, in particular with a view to facilitating the regular migration of persons in the most vulnerable situations and with a need to migrate, while ensuring that the focus is on human rights and humanitarian protection, including gender mainstreaming, disability inclusion and the protection of children and all other social groups facing structural discrimination.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","A. Regular migration pathways"]},{"id":"cmw-c-gc-6-0045","docId":"cmw-c-gc-6","idx":45,"n":45,"text":"45. The Global Compact has drawn timely attention to how pathways for regular migration, including new and expanded regular pathways for admission and stay, can be an effective tool to ensure the protection of migrants and their rights, including for migrants in vulnerable situations.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","A. Regular migration pathways"]},{"id":"cmw-c-gc-6-0046","docId":"cmw-c-gc-6","idx":46,"n":46,"text":"46. Access to regularization is a major challenge for the prevention of irregular migration. According to the Global Compact, establishing accessible and timely procedures for regularization remains the most effective way of preventing irregular migration. The Convention, for its part, states that States should ensure that the irregular situation of migrant workers and members of their families does not persist and that, when there are possibilities for regularizing their situation, the circumstances of their entry, the duration of their stay and other relevant considerations, in particular those relating to their family situation, are taken into account.[[fn:39]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":39,"text":"Convention, art. 69."}],"section":["VII. Irregular migration","B. Regularization"]},{"id":"cmw-c-gc-6-0047","docId":"cmw-c-gc-6","idx":47,"n":47,"text":"47. As formulated in general comment No. 2 (2013), the Committee recalls that regularization is the most effective measure to address the extreme vulnerability of migrant workers and members of their families in an irregular situation. For this reason, States parties should consider policies, including regularization programmes, for avoiding or resolving situations whereby migrant workers and members of their families are in, or are at risk of falling into, an irregular situation.[[fn:40]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":40,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 16."}],"section":["VII. Irregular migration","B. Regularization"]},{"id":"cmw-c-gc-6-0048","docId":"cmw-c-gc-6","idx":48,"n":48,"text":"48. The Convention and the Global Compact thus play an important role in preventing irregular migration by combating the smuggling and exploitation of migrants and members of their families in an irregular situation. Information is critical to preventing irregular migration. The Convention deals with the right to information with regard to the State of origin or the State of employment before departure or, at the latest, on admission to the State. The Global Compact encourages States to ensure that migrants and potential migrants are informed and aware of the risks of irregular migration.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","B. Regularization"]},{"id":"cmw-c-gc-6-0049","docId":"cmw-c-gc-6","idx":49,"n":49,"text":"49. For the Committee, States increasingly resort to repressive measures against migrant workers, leading them to live in fear of being reported, limiting protection of their human rights and their access to justice, and making them more vulnerable to labour and other types of exploitation and abuse.[[fn:41]] According to the Global Compact, sanctions should be proportionate, equitable, non-discriminatory and consistent with international obligations.[[fn:42]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":41,"text":"Ibid., para. 2."},{"n":42,"text":"Global Compact, para. 27 (f)."}],"section":["VII. Irregular migration","C. Non-criminalization"]},{"id":"cmw-c-gc-6-0050","docId":"cmw-c-gc-6","idx":50,"n":50,"text":"50. The Committee believes that irregular migration should not be subject to criminal penalties.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","C. Non-criminalization"]},{"id":"cmw-c-gc-6-0051","docId":"cmw-c-gc-6","idx":51,"n":51,"text":"51. According to the Convention, a balance must be struck between the sovereign power of States parties to control their borders and to regulate the entry and stay of migrants workers and members of their families and the protection of the recognized human rights for all migrant workers and members of their families. According to the Global Compact, coordinated management of national borders can help prevent irregular migration.[[fn:43]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":43,"text":"Ibid., para. 27."}],"section":["VII. Irregular migration","D. Human rights at borders"]},{"id":"cmw-c-gc-6-0052","docId":"cmw-c-gc-6","idx":52,"n":52,"text":"52. The human rights of migrants must be respected in all circumstances, including at borders. The Committee recommends that all States parties to the Convention and signatories to the Global Compact, when developing and implementing border policies, adopt all appropriate measures to ensure that all international standards relating to the protection of human rights at borders are duly taken into account. In particular, the Committee encourages States to take into account, under these policies, the authoritative guidance developed in its general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, joint general comment No. 3 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 of the Committee on the Rights of the Child (2017) on the general principles regarding the human rights of children in the context of international migration, joint general comment No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017) on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return and general comment No. 5 (2021) on migrants’ rights to liberty and freedom from arbitrary detention and their connection with other human rights.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VII. Irregular migration","D. Human rights at borders"]},{"id":"cmw-c-gc-6-0053","docId":"cmw-c-gc-6","idx":53,"n":53,"text":"53. Irregular status does not impede the enjoyment of migrants’ human rights. For the Committee, this means ensuring that cooperation between service providers and immigration authorities does not increase the vulnerability of migrant workers in an irregular situation by undermining safe access to basic services or unlawfully violating their rights in centres where basic services are provided.[[fn:44]] Under the Global Compact, States undertook to ensure that migrants, regardless of their migration status, exercise their fundamental rights through safe access to basic services.[[fn:45]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":44,"text":"CMW/C/MAR/CO/1, paras. 29 and 30."},{"n":45,"text":"Global Compact, para. 31 (b)."}],"section":["VII. Irregular migration","E. Access to rights regardless of migration status"]},{"id":"cmw-c-gc-6-0054","docId":"cmw-c-gc-6","idx":54,"n":54,"text":"54. Decent work is defined as employment that respects the basic rights of the human person, safety regulations and adequate remuneration. The Convention provides that the principles of decent work should apply to all workers, everywhere, regardless of their legal status. Considering working conditions from a broad and ethical perspective, it states that it is essential that all migrant workers enjoy an equal right to work. The Convention also recognizes equality of treatment in private law contracts, which should prevent any irregularity arising from the residence and employment status of migrant workers. This is recognized in Sustainable Development Goal 8, which aims to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0055","docId":"cmw-c-gc-6","idx":55,"n":55,"text":"55. The Convention is more specific about respect for rights, finding it unacceptable for a migrant worker or member of his or her family to be imprisoned for failure to comply with contractual obligations and immigration law.[[fn:46]] Similarly, the Global Compact explicitly addresses the need to respect the equal treatment of migrant workers, thereby safeguarding their human rights. The Global Compact is limited to promoting decent work and equity in recruitment.[[fn:47]]","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":46,"text":"Convention, art. 20."},{"n":47,"text":"Global Compact, para. 22."}],"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0056","docId":"cmw-c-gc-6","idx":56,"n":56,"text":"56. Both instruments call for equal treatment in all aspects of employment for all migrant workers and members of their families, regardless of their legal status, taking into account at the same time national legislation and practices.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0057","docId":"cmw-c-gc-6","idx":57,"n":57,"text":"57. With the emergence of a demand-driven economy around the world, labour markets depend primarily on the cheap labour of migrant workers. As a result, they are increasingly employed in service sectors such as food delivery and temporary work. The platformization or outsourcing of migrant workers in host countries leads to increased irregularity, which means more exploitation and less employment and social security. For this group of workers, decent working conditions are a distant goal. Insofar as the two instruments, the Convention and the Global Compact, represent the position of equity at work, this new form of outsourcing and exploitation of migrant workers should be avoided.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0058","docId":"cmw-c-gc-6","idx":58,"n":58,"text":"58. The Global Compact aims to prevent exploitation and abuse by maximizing the socioeconomic contributions of migrants[[fn:48]] through cooperation with public, social and private actors. It promotes transparency in the supply chain and the definition of roles in recruitment and employment.[[fn:49]] The Convention, for its part, deals with forced labour, slavery and servitude, based on the principles of the International Labour Organization (ILO) and the conventions related to slavery. It affirms that no migrant worker or member of his or her family should be held in slavery or servitude.[[fn:50]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":48,"text":"Ibid."},{"n":49,"text":"Ibid., para. 22 (e)."},{"n":50,"text":"Convention, art. 11 (1)."}],"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0059","docId":"cmw-c-gc-6","idx":59,"n":59,"text":"59. According to the Global Compact, the prevention of exploitation and forced labour involves strengthening the capacity of labour inspectors to effectively monitor recruiters and employers in all sectors.[[fn:51]] Similarly, the Convention considers that labour inspectorates play a crucial role in safeguarding working conditions and preventing exploitation. To this end, it has established a number of standards, in particular to eliminate hazardous work by migrant children, to improve working conditions for migrant domestic workers[[fn:52]] and to penalize employers in cases of exploitation, forced labour or abuse.[[fn:53]] Workers’ rights are safeguarded through regular inspections,[[fn:54]] in accordance with the Sustainable Development Goals.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":51,"text":"Global Compact, para. 22 (f)."},{"n":52,"text":"CMW/C/CHL/CO/1, para. 37; and CMW/C/BOL/CO/3, para. 38 (b)."},{"n":53,"text":"CMW/C/ARG/CO/1, para. 22; and CMW/C/MOZ/CO/1, para. 32 (b)."},{"n":54,"text":"CMW/C/ECU/CO/1, para. 31."}],"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0060","docId":"cmw-c-gc-6","idx":60,"n":60,"text":"60. While supporting the social protection of migrant workers, in particular through the mechanisms of portability of entitlements and earned benefits and social dialogue as regulatory strategies, the States parties to the Convention and the States signatories to the Global Compact, taking into account various general comments issued by the Committee and the relevant mechanisms of ILO, will find in the Convention the necessary measures and procedures for employment protection and decent working conditions for all migrant workers and members of their families.","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["VIII. Decent work"]},{"id":"cmw-c-gc-6-0061","docId":"cmw-c-gc-6","idx":61,"n":61,"text":"61. The Convention and the Global Compact have affirmed that all migrants, regardless of their migration status, are entitled to the full respect, protection and fulfilment of their human rights. Particular attention is paid to ensuring the human rights of migrants in vulnerable situations, including women, children, persons with disabilities and older persons.","labels":["Children","Persons with disabilities","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0062","docId":"cmw-c-gc-6","idx":62,"n":62,"text":"62. Access to and enjoyment of children’s rights should be ensured on the basis of the principles of non-discrimination, the best interests of the child, the right of the child to life, survival and development, and the right of the child to express his or her views freely and to participate in public life. Particular attention should be paid to the vulnerable situation of unaccompanied and separated children, who face human rights violations and increased risks of sexual exploitation and abuse, military recruitment, child labour (including for their host families), family separation as a result of migration control policies and migration-related detention. Unaccompanied and separated girls are particularly at risk of gender-based violence, including domestic violence, and arbitrary restrictions on access to social services, including in relation to sexual and reproductive rights.","labels":["Children","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0063","docId":"cmw-c-gc-6","idx":63,"n":63,"text":"63. The Committee notes that the Global Compact includes a child-sensitive approach among its guiding principles, promotes legal obligations relating to children’s rights and upholds the best interests of the child as a primary consideration in all matters concerning children in the context of migration. Recalling the scope and general principles of joint general comments No. 3 and No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 of the Committee on the Rights of the Child (2017), the Committee emphasizes that the inclusion of a child-sensitive approach in the Global Compact should lead to provisions on the rights of the child in the context of migration in international human rights law, in particular the Convention on the Rights of the Child, and, in addition, in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and other human rights treaties.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0064","docId":"cmw-c-gc-6","idx":64,"n":64,"text":"64. The Committee emphasizes that, in accordance with the standards set out in joint general comment No. 3/No. 22 (2017), States have reaffirmed that the rights of the child enjoyed primacy in all matters related to migration policies, that children are to be treated first and foremost as children and that their best interests are a primary consideration. The Committee also notes that many provisions of the Global Compact refer to the obligation to protect children’s rights in the context of migration.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0065","docId":"cmw-c-gc-6","idx":65,"n":65,"text":"In the light of these provisions, the Committee recommends that States, when implementing the Global Compact, take into consideration the following standards developed by the Committee and other treaty bodies in the above-mentioned joint general comments: (a) Ensure that child protection authorities play a critical, decision-making role in all policies affecting children’s rights; (b) Prohibit by law and eradicate in practice all migration-related detention of children and families; (c) Respect children’s right to birth registration and nationality, regardless of their migration status or that of their parents; (d) Ensure that migrant children have access to all social services without discrimination based on their nationality and migration status or that of their parents; (e) Implement child-sensitive policies to protect the rights of unaccompanied and separated children at borders; (f) Carry out assessments of the best interests of the child in all migration and asylum procedures and decisions, and respect child-sensitive due process safeguards; (g) Allow the return of a child only after an assessment of the child’s best interests and as a measure to protect the child’s rights; (h) Refrain from separating children from their parents for migration-related administrative offences; (i) Implement child-sensitive, effective, timely and non-discriminatory family reunification procedures.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0066","docId":"cmw-c-gc-6","idx":66,"n":66,"text":"66. The situation of migrant women differs from that of migrant men in terms of the migration routes used, the sectors of the labour market in which they are employed, the forms of abuse to which they are subjected and the consequences and effects of such abuse. As persons facing double or multiple discrimination on the grounds of nationality, migration status, gender − and, in many cases, other intersecting grounds − and their status as women and migrants, migrant women face complex situations, the most significant of which are trafficking and sexual exploitation, the victims of which face barriers to equal treatment in terms of visa regimes for regular migration and residence permits for regularization and to safe and secure employment with equal working conditions.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0067","docId":"cmw-c-gc-6","idx":67,"n":67,"text":"67. All gender-sensitive policies and practices in the implementation of the Global Compact should be guided by international human rights standards and principles, including international standards developed by treaty bodies. Among the key references for States to follow, the Committee highlights the importance of its recommendations to States parties on the rights of migrant workers and members of their families with regard to a gender-sensitive approach, sexual orientation and gender identity, and its general comment No. 1 (2011). In addition, it refers to general recommendations No. 26 (2008) and No. 38 (2020) of the Committee on the Elimination of Discrimination against Women. In the context of countries in conflict, Security Council resolution 1325 (2000) on women and peace and security must also be taken into account.","labels":["LGBTI+","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0068","docId":"cmw-c-gc-6","idx":68,"n":68,"text":"68. The Committee states that the implementation of all migration-related measures should take gender issues into account. This refers to the importance of laws, policies and programmes recognizing and addressing the diverse experiences, needs and vulnerabilities faced by women, men, girls, boys and gender non-conforming persons at all stages of migration, while respecting their human rights and promoting their empowerment, in order to advance gender equality. The full inclusion of women in the formulation and implementation of the Global Compact must be ensured. It is also an obligation under the 2030 Agenda for Sustainable Development, which is based on international human rights law and recognizes the systematic mainstreaming of a gender perspective in its implementation. Target 5.c of the Sustainable Development Goals includes a commitment to adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels.","labels":["Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0069","docId":"cmw-c-gc-6","idx":69,"n":69,"text":"69. The Committee recalls that women’s rights must be safeguarded at all stages of migration. This includes migrant women, women migrant workers and members of their families, in all countries of origin, transit and destination, women who remain in or return to their countries of origin and women affected by migration. Such a broad application is adopted to ensure that women’s rights are considered, promoted and protected at all stages of migration in the context of global structural factors of migration and inequality. Comprehensive measures should be taken to eliminate misconceptions about and negative attitudes towards women’s migration, and to ensure that all migrant women are treated equally and without discrimination based on their migration status, intentions or migration route. Women must have effective access to migration pathways that promote their empowerment and the protection of their rights.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["IX. Rights of women and children"]},{"id":"cmw-c-gc-6-0070","docId":"cmw-c-gc-6","idx":70,"n":70,"text":"70. The Convention recognizes the right of access to justice and due process for migrant workers and members of their families.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0071","docId":"cmw-c-gc-6","idx":71,"n":71,"text":"71. The Global Compact ensures the equality of migrants and nationals before the courts. It specifies that individuals are accountable to laws that are public, equally enforced and independently adjudicated, in accordance with international law.[[fn:55]] It demands respect for the rule of law, due process and access to justice for migrants.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":55,"text":"Global Compact, para. 15 (d)."}],"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0072","docId":"cmw-c-gc-6","idx":72,"n":72,"text":"72. The Committee recalls that migrants have the right to be heard by the competent courts, to lodge complaints and to have access to consular assistance. States have an obligation to investigate abuses and ensure access to justice for all migrants, including those in an irregular situation, women and children.","labels":["Children","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0073","docId":"cmw-c-gc-6","idx":73,"n":73,"text":"73. For the Committee, States must ensure due process and a fair trial for migrants, including on charges unrelated to their status,[[fn:56]] and access to effective remedies in cases of violence and abuse.[[fn:57]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":56,"text":"CMW/C/SYR/CO/2-3, para. 42 (f)."},{"n":57,"text":"CMW/C/TUR/CO/1, para. 42 (b)."}],"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0074","docId":"cmw-c-gc-6","idx":74,"n":74,"text":"74. The detention of migrants as a response to irregular migration is a major concern. The Convention does not mention detention as a last resort, but the Committee emphasizes that any restriction of liberty must be an exceptional measure of last resort, based on an individual assessment in proceedings that respect all procedural safeguards.[[fn:58]] States should cease detaining[[fn:59]] children, families and other migrants in vulnerable situations,[[fn:60]] as well as victims of trafficking, asylum-seekers, refugees and stateless persons. The Global Compact underlines the principle of the exceptionality of detention of migrants[[fn:61]] and promotes alternatives to detention, which must be provided for by law.[[fn:62]]","labels":["Children","Non-citizens and stateless","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":58,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 26."},{"n":59,"text":"CMW/C/CPV/CO/1-3, para. 40 (a)."},{"n":60,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), paras. 43, 49 and 52."},{"n":61,"text":"General Assembly resolution 76/266, annex, paras. 31 and 36."},{"n":62,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 50."}],"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0075","docId":"cmw-c-gc-6","idx":75,"n":75,"text":"75. In implementing the provisions of the Global Compact relating to the right of migrants to liberty and those relating to detention in the context of migration, States should be guided by these standards and other international principles.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0076","docId":"cmw-c-gc-6","idx":76,"n":76,"text":"76. According to the Committee, conditions of detention must respect the rights recognized in the Convention and other human rights instruments.[[fn:63]] Migrants must be treated with humanity, dignity and respect for their cultural identity.[[fn:64]] They must be subject to separate treatment appropriate to their status as unconvicted persons. Children must be separated from adults, be brought as speedily as possible for adjudication[[fn:65]] and be held in separate facilities from convicted persons.[[fn:66]] In line with the Committee’s general comment No. 5 (2021), security personnel in detention facilities should be from the public sector and trained in human rights standards.[[fn:67]] In cases where these personnel are employed by the private sector through subcontracting by States, the State remains responsible for the effective protection of the rights of detained migrants. All migrants have the right to visits,[[fn:68]] and special attention is paid to members of their families.[[fn:69]] The Committee calls upon States to follow the principles set out in its general comment No. 5 (2021).","labels":["Children","Persons deprived of their liberty","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":63,"text":"Ibid., para. 31."},{"n":64,"text":"Convention, art. 17 (1)."},{"n":65,"text":"Ibid., art. 17 (3)."},{"n":66,"text":"Ibid., art. 17 (2)."},{"n":67,"text":"Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 5 (2021), para. 30."},{"n":68,"text":"Convention, art. 17 (5)."},{"n":69,"text":"Ibid., art. 17 (6)."}],"section":["X. Access to justice, due process and alternatives to detention"]},{"id":"cmw-c-gc-6-0077","docId":"cmw-c-gc-6","idx":77,"n":77,"text":"77. Both the Convention and the Global Compact address concerns about trafficking in persons. The Convention prohibits the subjection of migrant workers and members of their families to servitude,[[fn:70]] drawing on various international instruments,[[fn:71]] while the Global Compact focuses on forced labour and slavery.[[fn:72]] Among these instruments, the United Nations Convention against Transnational Organized Crime and the Protocols thereto, in particular the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,[[fn:73]] are of particular interest to the Committee, which has consistently called for their alignment with the Convention[[fn:74]] and encouraged States to ratify them, as are the ILO Minimum Age (Agriculture) Convention, 1921 (No. 10), and the ILO Forced Labour Convention, 1930 (No. 29). The Committee also draws on other international instruments, such as the United Nations Global Plan of Action to Combat Trafficking in Persons,[[fn:75]] the OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking[[fn:76]] and, occasionally, target 5.2 of the Sustainable Development Goals[[fn:77]] or the Council of Europe Convention on Action against Trafficking in Human Beings.[[fn:78]]","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":70,"text":"Ibid., art. 11."},{"n":71,"text":"Global Compact, paras. 26 (i) and 2, respectively."},{"n":72,"text":"ILO Forced Labour Convention, 1930 (No. 29), and ILO Abolition of Forced Labour Convention, 1957 (No. 105), which both refer to the conventions on slavery."},{"n":73,"text":"Ibid., para. 26 (a)."},{"n":74,"text":"CMW/C/DZA/CO/1, para. 41."},{"n":75,"text":"CMW/C/CPV/CO/1-3, para. 70."},{"n":76,"text":"CMW/C/NIC/CO/1, para. 64 (a); and CMW/C/NGA/CO/1, para. 56 (b)."},{"n":77,"text":"CMW/C/BIH/CO/3, para. 62 (b)."},{"n":78,"text":"CMW/C/ARG/CO/2, para. 51; and CMW/C/RWA/CO/2, para. 54."}],"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0078","docId":"cmw-c-gc-6","idx":78,"n":78,"text":"In view of the problems associated with trafficking in persons, the Committee reiterates the importance for States to: (a) Investigate, prosecute and punish those responsible for the exploitation of migrant workers, regardless of their migration status, especially in the informal economy, in accordance with targets 8.7 and 16.2 of the Sustainable Development Goals; (b) Build capacity and develop cross-border cooperation to end impunity for exploitation; (c) Adopt protective measures, taking into account the vulnerability of victims, through moral and administrative support, and capacity-building measures in the areas of human rights, gender and children’s rights; (d) Offer medical, psychosocial, legal and financial assistance to victims and survivors of trafficking, paying particular attention to the best interests of minors; (e) Build the capacity of all stakeholders, including civil servants, and raise awareness among migrants of the risks and dangers of trafficking in persons; (f) Establish, with adequate funding, alert mechanisms against trafficking in persons and collect information on women and children, and on flows of trafficking in persons and the number of victims.","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0079","docId":"cmw-c-gc-6","idx":79,"n":79,"text":"79. Smuggling of migrants was a particular concern.[[fn:79]] To address smuggling of migrants, the Global Compact draws on the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime.[[fn:80]] The Global Compact urges States to put an end to the impunity of smuggling networks,[[fn:81]] in particular by dismantling them and strengthening joint responses through the sharing of information and intelligence on smuggling routes.[[fn:82]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":79,"text":"Global Compact, para. 25 (f)."},{"n":80,"text":"Ibid., para. 25 (a)."},{"n":81,"text":"Ibid., para. 25."},{"n":82,"text":"Ibid., para. 25 (b)."}],"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0080","docId":"cmw-c-gc-6","idx":80,"n":80,"text":"80. According to the Committee, to prevent smuggling of migrants, it is necessary to distinguish between this type of crime and trafficking in persons in the laws and public policies relating to migration[[fn:83]] and to strengthen international, regional and bilateral cooperation.[[fn:84]]","labels":["Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":83,"text":"CMW/C/BIH/CO/2, para. 4 (a)."},{"n":84,"text":"CMW/C/BFA/CO/1, para. 39 (e); CMW/C/SEN/CO/2-3, paras. 57 (h) and 59; and CMW/C/MRT/CO/1, para. 61 (f)."}],"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0081","docId":"cmw-c-gc-6","idx":81,"n":81,"text":"The Committee calls upon the State party to: (a) Adopt legislative and other measures, while strengthening cross-border cooperation, to monitor irregular migration routes; (b) Ensure that measures taken to combat irregular migration or smuggling of migrants do not undermine the human rights of migrant workers and members of their families; (c) Intensify measures to detect irregular, illegal or clandestine movements of migrant workers and members of their families; (d) Adopt comprehensive measures to assist migrant workers and members of their families who are victims of serious crimes, including victims of rape and gender-based violence, in order to ensure their protection and rehabilitation; (e) Ensure adequate reparation for victims of trafficking, develop projects to help them rebuild their lives or repatriate and encourage civil society organizations to assist them.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0082","docId":"cmw-c-gc-6","idx":82,"n":82,"text":"82. Regarding the criminal justice response to smuggling of migrants, the Global Compact calls for the establishment of smuggling of migrants as a criminal offence when committed intentionally and in order to obtain a financial or other material benefit for the smuggler.[[fn:85]] The Committee recommends that States ensure protection against violations of the rights of migrant workers,[[fn:86]] in particular by prohibiting their criminal prosecution for having been smuggled, even though they may be prosecuted for other violations of national law.[[fn:87]] It recommends revising laws to protect migrant workers against accusations, while taking their status into account rather than focusing on criminalization.[[fn:88]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":85,"text":"Global Compact, para. 25 (d)."},{"n":86,"text":"CMW/C/TUR/CO/1, para. 84; and CMW/C/IDN/CO/1, para. 57 (e)."},{"n":87,"text":"Global Compact, para. 25."},{"n":88,"text":"CMW/C/AZE/CO/3, para. 60 (a)."}],"section":["XI. Smuggling of migrants and trafficking in persons"]},{"id":"cmw-c-gc-6-0083","docId":"cmw-c-gc-6","idx":83,"n":83,"text":"83. Both the Convention and the Global Compact refer to the transfer of economic resources from the country of settlement to the country of origin or another State and attach great importance to their impact on the sustainable development of the countries of origin. Migrant workers and members of their families have the right to transfer their earnings and savings,[[fn:89]] and their personal belongings and other property,[[fn:90]] and it is the responsibility of States to adopt appropriate measures to channel and facilitate transfers in order to make them faster, safer and less costly. States are encouraged to develop favourable policies and regulatory environments that allow competition, regulation and innovation in the remittance market, and to provide gender-responsive programmes and instruments that strengthen the financial inclusion of migrants and members of their families. In addition, the Global Compact emphasizes the need to promote the International Day of Family Remittances, to harmonize remittance market regulations, to set no limits on the amount of individual transfers, to study informal remittance flows, to invest in the use of technology for sending remittances, to create banking and financial instruments for migrants, and to promote financial literacy, education and training for migrants and members of their families. Both instruments encourage States to ensure that migrant workers and members of their families have access to affordable financial services, to facilitate the transfer of remittances, to channel them and reduce transaction costs, to create the conditions for investments and to direct them towards productive sectors likely to improve the economic situation in the country of origin.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"footnotes":[{"n":89,"text":"Convention, art. 47."},{"n":90,"text":"Ibid., art. 32."}],"section":["XII. Remittances, income and savings"]},{"id":"cmw-c-gc-6-0084","docId":"cmw-c-gc-6","idx":84,"n":84,"text":"84. Migrant remittances are an important source of private capital and cannot be equated with other international financial flows, such as foreign direct investment, official development assistance or other public sources of development finance. The Convention and the Global Compact recognize their transformative potential. They help to reduce poverty (Sustainable Development Goal 1), cover the cost of food (Goal 2), housing, health and education (Goals 3 and 4), empower female heads of household (Goal 5), create decent jobs and economic growth (Goal 8), reduce inequality (Goal 10) and build resilience to climate change (Goal 13). They are a vital source of income for migrant families. Lastly, they contribute to the balance of payments and can be used as a catalyst for sustainable development in the country of origin.","labels":["Migrants","Persons affected by natural disasters","Persons living in poverty","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XII. Remittances, income and savings"]},{"id":"cmw-c-gc-6-0085","docId":"cmw-c-gc-6","idx":85,"n":85,"text":"85. Migrants not only transfer money, but also act as a bridge between their country of settlement and their country of origin. Their transformative contribution cannot be focused solely on remittances; it is also synonymous with the transfer of knowledge, skills, experience and cultures, which must be guided, supported and encouraged in the process of sustainable development through the implementation of specific policies. At the same time, in order for the multiplier effect of remittances to be fully effective, it is necessary to develop financial training programmes and enhance the financial education of migrants.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XII. Remittances, income and savings"]},{"id":"cmw-c-gc-6-0086","docId":"cmw-c-gc-6","idx":86,"n":86,"text":"86. While the Convention focuses on the protection of migrant workers and members of their families along migration routes and up to their reintegration in the country of destination, the Global Compact encourages States to provide assistance to migrants in distress. In this sense, the two instruments tend to complement each other. The instruments tend to converge in terms of the return and resettlement of migrants in their countries of origin, particularly with regard to the repatriation of their earnings on favourable terms and of their possessions without customs duties. The Global Compact emphasizes cooperation in facilitating safe and dignified return and readmission and sustainable reintegration.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XIII. Return and reintegration"]},{"id":"cmw-c-gc-6-0087","docId":"cmw-c-gc-6","idx":87,"n":87,"text":"87. The Convention and the Global Compact express similar concerns about the safe return of migrant workers to their countries of origin in compliance with due process. Both instruments prohibit collective expulsion or the return of migrants when there is a risk of death, torture and other cruel, inhuman and degrading treatment. Article 22 of the Convention states that each case of expulsion must be examined and decided individually. The Committee considers that migrant workers and members of their families should be protected in cases where expulsion would constitute arbitrary interference with the right to family and private life, or where international protection is necessary. It called for an examination of the application of the principle of non-refoulement, which prohibits the forcible transfer of persons in any manner whatsoever to countries or territories where they would be at risk of persecution or serious human rights abuses or violations.","labels":["Migrants","Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XIII. Return and reintegration"],"citedArticles":[{"treaty":"CMW","article":"22","source":"regex"}]},{"id":"cmw-c-gc-6-0088","docId":"cmw-c-gc-6","idx":88,"n":88,"text":"88. The Global Compact encourages States to uphold the prohibition of collective expulsion and of returning migrants when there is a real and foreseeable risk of death, torture and other cruel, inhuman and degrading treatment or punishment, or other irreparable harm, in accordance with our obligations under international human rights law.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XIII. Return and reintegration"]},{"id":"cmw-c-gc-6-0089","docId":"cmw-c-gc-6","idx":89,"n":89,"text":"89. The Convention and the Global Compact encourage States to conclude bilateral agreements and other arrangements for migrants’ safe return to and reintegration in their countries of origin. In this context, the Convention recommends that the measures taken comply with its provisions. In particular, these agreements and arrangements must include procedural safeguards prohibiting return, expulsion or deportation to their country of origin or a third country. The Global Compact emphasizes the orderly return of migrants and members of their families when they return voluntarily, when their residence or work permit expires or when they are in an irregular situation in the State of employment. It emphasizes the voluntary, free and informed nature of the return of migrants, and access to justice, due process and individual assessment. The Global Compact focuses on the development of comprehensive strategies and programmes for sustainable return and social and cultural reintegration. The impact of return programmes must be documented and monitored and evaluated by independent mechanisms. The return of children must take into account their best interests and the principles identified by the Committee in joint general comments No. 3 and No. 4/No. 22 and No. 23 (2017).","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XIII. Return and reintegration"]},{"id":"cmw-c-gc-6-0090","docId":"cmw-c-gc-6","idx":90,"n":90,"text":"90. The Committee encourages all States to continue their efforts to implement the Global Compact in compliance with the international obligations contained in the Convention and the other core international human rights treaties.","labels":[],"type":"gc","committee":"CMW","committees":["CMW"],"year":2024,"section":["XIII. Return and reintegration"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0001","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":1,"n":1,"text":"1. Human mobility has always been a key aspect of the changes and evolution of societies. In the 2030 Agenda for Sustainable Development, States recognize the positive contribution of migrants for inclusive growth and sustainable development, and the fact that international migration is a multidimensional reality of major relevance for the development of countries of origin, transit and destination.[[fn:1]] Nevertheless, human mobility is increasingly experiencing many challenges, especially as it relates to respect for and the fulfilment of international human rights, universally recognized in the Universal Declaration of Human Rights since 1948. The prohibition of discrimination, a cornerstone of the framework of international human rights law, is being gradually undermined by the treatment of migrants and others perceived as such.[[fn:2]] Indeed, alongside diversity, xenophobia has been growing in many societies.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":1,"text":"General Assembly resolution 70/1, para. 29."},{"n":2,"text":"For the scope of the term “others perceived as such” for the purposes of the present joint general recommendation/general comment, see para. 12 below."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0002","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":2,"n":2,"text":"2. Xenophobia is a phenomenon whereby migrants and persons belonging to various social groups or minorities are portrayed and perceived as others, outsiders or enemies owing to prejudices, stereotypes and negative perceptions and the belief that they threaten the predominant culture, heritage and wealth. This narrative is used to justify their exclusion and marginalization, leading to discrimination on the basis of their status as non-nationals and other intersectional grounds. Xenophobia violates human dignity, and the principles of equality and non-discrimination.","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Introduction"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0003","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":3,"n":3,"text":"3. The Committee on the Elimination of Racial Discrimination and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families are concerned about the escalating impact of xenophobia on the rights of migrants and others perceived as such, through narratives that unfairly target migrants as responsible for social, economic and political problems. Such narratives have been used to justify laws, policies and practices that curtail the human rights of migrants, perpetuating a vicious circle of harm.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Introduction"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0004","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":4,"n":4,"text":"4. As a result of their review of reports submitted by States Parties and in view of the information received from other stakeholders, the Committees are particularly concerned about the influence of xenophobia on laws, policies, practices and mindsets, at variance with international and regional human rights treaties, standards and principles. The Committees considered it relevant to develop joint general recommendations/general comments on xenophobia and its impact on human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Introduction"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0005","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":5,"n":5,"text":"5. The present joint general recommendation/general comment was adopted at the same time as joint general recommendation No. 39 (2025) of the Committee on the Elimination of Racial Discrimination and general comment No. 8 (2025) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families. In that joint general recommendation/general comment, the Committees set out specific thematic guidelines on comprehensive public policies for eradicating xenophobia and its impact on the human rights of migrants and others perceived as such. While that joint general recommendation/general comment and the present one are stand-alone documents, they are designed to complement each other and should be read, interpreted and implemented together.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Methodology and objectives"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0006","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":6,"n":6,"text":"6. The present guidelines draw upon the provisions of both the International Convention on the Elimination of All Forms of Racial Discrimination and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and on the standards developed by both Committees. These joint general recommendations/general comments apply equally to all States Parties to each Convention.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Methodology and objectives"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0007","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":7,"n":7,"text":"The overall objective of the present joint general recommendation/general comment is to provide authoritative guidance for States Parties and all relevant stakeholders on preventing and eradicating xenophobia and its impact on human rights. The specific objectives include the following: (a) Recognize xenophobia as one of the major contemporary challenges to promoting, respecting, protecting and fulfilling the human rights of migrants and others perceived as such; (b) Elaborate on article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination, in accordance with the jurisprudence of human rights bodies, to address the way in which xenophobia leads to racial discrimination; (c) Determine the scope of article 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families with regard to the impact of xenophobia on discrimination in the context of migration; (d) Promote social cohesion and rights-based intercultural integration; (e) Support the implementation of the Durban Declaration and Programme of Action, the Global Compact for Safe, Orderly and Regular Migration and the Global Compact on Refugees; (f) Strengthen existing guidelines for combating hate speech, discriminatory attitudes and discourse that incites unequal treatment, discrimination, violence and social conflicts within and between societies; (g) Contribute to the achievement of a wide range of the Sustainable Development Goals on the basis of the key target of leaving no one behind.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Methodology and objectives"],"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"7","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."}]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0008","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":8,"n":8,"text":"8. For the purposes of the present joint general recommendation/general comment and of joint general recommendation No. 39 (2025) of the Committee on the Elimination of Racial Discrimination and general comment No. 8 (2025) of the Committee on Migrant Workers, the term “migrants” includes all persons who move away from their country of origin across an international border with the purpose of living temporarily or permanently in another country. This term is applicable regardless of the reason for leaving their country, their status in the country of transit or destination or the grounds on which they apply for or obtain a residence permit, such as family ties, employment, studies, asylum or other forms of protection, or regional agreements.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Scope"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0009","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":9,"n":9,"text":"9. While article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination refers to differentiation between nationals and non-nationals, the Committee on the Elimination of Racial Discrimination has clarified that this article must be interpreted in a way that does not undermine the fundamental prohibition of discrimination and should not be understood as limiting or diminishing rights and freedoms, especially those that are specifically recognized in other human rights instruments. In its general recommendations No. 11 (1993) and No. 30 (2004), alongside other decisions, the Committee reaffirmed the obligations of States Parties to ensure non-discrimination in civil, political, economic, social and cultural rights, regardless of nationality.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Scope"],"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination'; regex_default already CERD, confirmed."}]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0010","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":10,"n":10,"text":"10. The Committee on Migrant Workers, in its general comments, and the standards developed by other United Nations treaty bodies and special procedures and regional human rights mechanisms,[[fn:4]] have progressively strengthened the prohibition of discrimination on the basis on nationality.[[fn:5]] The Committees apply the principle of effectiveness (effet utile), whereby the provisions of a treaty must be interpreted in such a way as to enable its most meaningful and effective application.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":4,"text":"See, inter alia, Inter-American Court of Human Rights, Juridical Condition and Rights of Undocumented Migrants, Advisory Opinion, No. 18/2003, 17 September 2003."},{"n":5,"text":"See Committee on Migrant Workers, general comments No. 1 (2011), No. 2 (2013), No. 5 (2021) and No. 6 (2024); joint general comments No. 3 and No. 4 of the Committee on Migrant Workers/No. 22 and No. 23 of the Committee on the Rights of the Child (2017); Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009); and Committee on the Elimination of Discrimination against Women, general recommendation No. 39 (2022)."}],"section":["III. Scope"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0011","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":11,"n":11,"text":"11. The Committees acknowledge that while migrants are generally not nationals of the country in which they temporarily or permanently reside, they may acquire nationality on the basis of various criteria enshrined in the nationality laws of the country concerned, resulting in dual or multiple nationalities. Furthermore, migrants may be or become stateless, either before leaving their country of origin or while in transit or destination countries.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Scope"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0012","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":12,"n":12,"text":"12. The term “others perceived as such” encompasses all persons who are affected by racial discrimination or intersecting forms of discrimination in the context of xenophobia, such as persons and groups who are perceived, treated or regarded as outsiders or foreigners or simply as others, resulting in unequal and discriminatory treatment, including in the enjoyment of their civil, political, economic, social and cultural rights. Structural racism underpins the root causes of social and political processes that perpetuate the othering of community members who were born in and belong to those communities.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Scope"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0013","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":13,"n":13,"text":"13. The term “xenophobia” has been used to describe attitudes, prejudices and behaviour that reject, dehumanize, exclude and often vilify persons based on the fact or the perception that they are outsiders or foreigners with respect to a community, society or national identity.[[fn:6]] Xenophobia denotes behaviour specifically based on the perception that the other is foreign or originates from outside the community or nation.[[fn:7]] According to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, xenophobia exists when individuals or groups of individuals do not enjoy the same rights as the rest of the population because of their real or perceived geographical origin, or when the values, beliefs and/or practices associated with them make them appear as foreigners.[[fn:8]] Xenophobia can be manifested against people with identical physical characteristics, even those of common descent, such as when people transit through or return or migrate to States or areas and are considered as outsiders.","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":6,"text":"International Labour Organization (ILO), International Organization for Migration (IOM) and Office of the United Nations High Commissioner for Human Rights (OHCHR), “International migration, racism, discrimination and xenophobia”, August 2001, p. 2; and OHCHR and Global Migration Group, Principles and Guidelines, Supported by Practical Guidance, on the Human Rights Protection of Migrants in Vulnerable Situations (Geneva, OHCHR, 2018), p. 18. See also Office of the United Nations High Commissioner for Refugees, Guidance on Racism and Xenophobia (Geneva, 2020)."},{"n":7,"text":"ILO, IOM and OHCHR, “International migration, racism, discrimination and xenophobia”, p. 2."},{"n":8,"text":"See A/HRC/32/50."}],"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0014","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":14,"n":14,"text":"14. Xenophobia is both a systemic driver of racial discrimination and a consequence of structural forms of racism and discrimination against migrants and others perceived as such. Xenophobia can entail any act or omission by public officials or institutions or private actors that deprives, prevents or obstructs migrants’ access to public or private services, causing harm and suffering and affecting their human rights, particularly their right to equality. Manifestations of xenophobia include acts of direct and indirect discrimination, incitement to discrimination, hostility or violence, hate crime and incitement to hatred on the grounds of (real or perceived) foreign origin or nationality, including in combination with other grounds, such as race, colour, religion, gender, age, language, sexual orientation, gender identity, socioeconomic status or disability. Likewise, xenophobia leads to discriminatory policies and practices, which restrict access to human rights on the basis of nationality, migration status and other intersectional grounds.","labels":["LGBTI+","Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0015","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":15,"n":15,"text":"15. In the Durban Declaration and Programme of Action, it is recognized that xenophobia constitutes one of the main sources of contemporary racism and that human rights violations against migrants occur widely in the context of discriminatory, xenophobic and racist practices.[[fn:9]] When manifested in acts, xenophobia has very concrete consequences for direct victims, including violence. In addition, the legitimization of xenophobic discourse and narratives can generate symbolic violence by imposing a negative representation of certain groups. More broadly, xenophobia can affect the peaceful coexistence of groups and undermine democratic values and the cohesion of society.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":9,"text":"Declaration, para. 16."}],"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0016","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":16,"n":16,"text":"16. The Committees note that there is an intrinsic intersection between xenophobia and racism, owing to several factors. Xenophobia, including the root causes and human rights consequences thereof, involves processes of racialization and structural patterns of racism and hierarchization. This reality is also linked with the legacy of colonialism and slavery, including systemic asymmetries between and within regions and countries. Racism has played a double role in shaping current trends in human mobility: first, racism and the vivid legacy of colonialism are among the root causes of the inequalities that drive migration; and second, racism is also at the core of many Governments’ responses to human mobility.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0017","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":17,"n":17,"text":"17. For the purposes of the present joint general recommendation/general comment, the term “racialization” denotes the social process of attaching to specific groups negative identities to justify their treatment as worthy of racial domination and persecution. Racialization can lead to particularly harsh migration policies targeting certain migrants on the basis of their purported racial identities and may also serve to rationalize such policies. Immigration policies can be wielded as tools to repress racialized groups. Racialization may also result in nationals being treated as migrants. Narratives against migrants – and subsequent policies and practices – may vary substantially according to race and related grounds of discrimination such as colour, ethnic origin or nationality. The treatment of migrants in transit and destination countries is usually connected with multiple patterns of discrimination on the grounds of race. Multiple forms of violence at borders, narratives criminalizing migrants, de facto and de jure arbitrary restrictions on access for migrants to social services and unequal opportunities for safe and regular pathways for migration generally intersect with racial discrimination.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0018","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":18,"n":18,"text":"18. Approaches to tackle racism should be mainstreamed into migration policies, covering areas such as border governance, the use of border technologies, legal identity processes, the regulation of visas and residence and work permits, and efforts to counter irregular migration and ensure non-discrimination in the enjoyment of all human rights. National and local public institutions working on anti-racism and related areas should play a key role in an intersectoral framework aimed at implementing migration policies. Likewise, measures should be taken to ensure the effective and meaningful participation of civil society organizations, including those representing racialized groups, and of other stakeholders with expertise in racism.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0019","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":19,"n":19,"text":"19. The Committees are of the opinion that a comprehensive policy to eradicate xenophobia, its root causes and negative human rights outcomes should be seen through a decolonial, anti-racist and intersectional lens. Countries of origin, transit and destination should mainstream effective measures to address racism, xenophobia and racial discrimination into policies for tackling the structural causes of migration. Policies for addressing xenophobia must take into account how manifestations of xenophobia and their impact on human rights intersect with racial discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Xenophobia, racialization and racial discrimination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0020","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":20,"n":20,"text":"20. Intersectionality is a basic concept necessary in order to understand the scope of the human rights obligations of States Parties with regard to the elimination of racial discrimination and xenophobia against migrants.[[fn:10]] Taking an intersectional approach means recognizing that the way in which individuals experience discrimination and marginalization is shaped by power relations based on multiple and overlapping factors such as race, ethnicity, nationality, religion, gender, sexual orientation, disability, age, and socioeconomic and migration status.","labels":["LGBTI+","Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":10,"text":"See United Nations network on racial discrimination and protection of minorities, Guidance Note on Intersectionality, Racial Discrimination and Protection of Minorities (Geneva, OHCHR, 2022); Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 18; and Committee on the Elimination of Racial Discrimination, general recommendations No. 25 (2000), No. 28 (2002) and No. 29 (2002)."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0021","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":21,"n":21,"text":"21. The Committees emphasize that in order to effectively eradicate xenophobia, particularly its impact on human rights, an intersectional approach is crucial and indispensable. All policies and measures aimed at addressing xenophobia must ensure a perspective that addresses concurrent narratives, policies and practices that lead to discrimination against migrants and others perceived as such on the grounds of nationality, migration status, migrant background, gender, age, race, ethnicity, disability, sexual orientation, gender identity, religion, colour, socioeconomic conditions, language and other prohibited grounds.","labels":["LGBTI+","Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0022","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":22,"n":22,"text":"22. The Committees stress the need to ensure a gender perspective in order to understand the impact of xenophobia on the human rights of different groups of migrants and others perceived as such and to address that impact in a gender-responsive manner. Women, girls and gender-diverse persons from migrant backgrounds often face compounded challenges, such as workplace discrimination, limited access to healthcare, disproportionate rates of preventable maternal mortality and morbidity, educational barriers, increased risk of genderbased violence, and difficulties obtaining access to legal and social services, as a result of the intersection of xenophobia and gender-based discrimination. Women, girls and gender-diverse persons are particularly affected by the intersection of xenophobia and gender-based discrimination, always having to navigate the patriarchal dynamic that exists both within and external to their families and communities, including those with whom they are on the move.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0023","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":23,"n":23,"text":"23. Men and boys can be disproportionately affected by certain practices, such as racial profiling and racial stereotyping. Ensuring a gender-responsive approach within a comprehensive policy against xenophobia and gender-based discrimination also involves addressing the specific needs and experiences of these groups.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0024","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":24,"n":24,"text":"24. Xenophobic migration policies and narratives contribute to direct and indirect discrimination against women, girls and gender-diverse persons, which may lead to the implementation of laws and policies that are seemingly gender- and race-neutral, but that have the effect of causing those groups disproportionate harm. Discrimination on grounds such as nationality and migration status tend to be expressed in gender-specific ways.[[fn:11]] Similarly, xenophobic practices towards migrant women, men and gender-diverse persons intersect with their ethnicity, marital status, parental status and class, among other grounds of discrimination.[[fn:12]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":11,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 26 (2008), para. 5."},{"n":12,"text":"CMW/C/GTM/CO/2, paras. 26 and 27."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0025","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":25,"n":25,"text":"25. States Parties should take adequate measures to ensure that all elements of migration law and policies are gender-responsive.[[fn:13]] Such measures should cover, inter alia, visa regulations and other channels for regular migration, border governance, policies for the recruitment of migrant workers – including by private agencies – grounds for obtaining a residence permit, and access to economic, social and cultural rights. The measures should be aimed at preventing and removing any discriminatory practices that affect the enjoyment of rights on the basis of gender, including on the basis of sexual orientation, gender identity and expression and sex characteristics. States Parties should review and reform discriminatory nationality laws that restrict or impede women from conferring their nationality on their children, which could lead to statelessness.","labels":["Children","LGBTI+","Migrants","Non-citizens and stateless","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":13,"text":"CMW/C/CHL/CO/2, para. 28."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0026","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":26,"n":26,"text":"The Committees stress that measures should be directed towards addressing and reforming employment and working conditions of migrants, in all sectors and at all skill levels, that are discriminatory on the basis of gender, ethnicity and race.[[fn:14]] Measures should include the following: (a) Repealing any gender-discriminatory provisions against migrant workers, such as the prohibition of pregnancy and childbirth; (b) Ensuring that women are not penalized in any matter or deported for pregnancy or having children; (c) Taking into account the way in which certain factors could lead to labour exploitation and other human rights abuses, particularly against migrant domestic workers, and especially in agreements with recruitment agencies; (d) Adopting bilateral agreements on gender-responsive labour migration by preventing any gender and racial bias in the regulation of visa and admission criteria; (e) Guaranteeing fair recruitment, including by applying a zero-fees recruitment procedure; (f) Regulating the private recruitment industry to prevent discrimination on the basis of race, nationality, gender and ethnicity; (g) Ensuring equal treatment and non-discriminatory access to social protection, including in bilateral agreements on social security; (h) Eliminating gender-discriminatory regulations, such as visa fees for, or additional requirements to be fulfilled by, the dependents of migrant workers; (i) Delinking a dependent family member’s right to live and work in a country from the spouse’s employment or visa status; (j) Facilitating family migration plans to protect the right of migrants to family life and prevent further irregular and risky pathways for family reunification; (k) Ensuring gender-responsive reintegration support and services for returning women migrant workers who are likely to experience social stigmatization.","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":14,"text":"CERD/C/ISL/CO/21-23, paras. 19 and 20."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0027","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":27,"n":27,"text":"27. A narrow response to migration – namely, through a securitizing lens instead of a comprehensive, rights-based and evidence-based one – in particular to migrants in an irregular situation, alongside the absence of safe and regular migration pathways, contributes to gendered, negative consequences. Such a response leads to increased risks of gender-based violence and harassment, including sexual abuse and exploitation, and of trafficking in persons, which women, girls and gender-diverse persons, as well as men and boys, may face in transit and destination countries. Xenophobia, racism, patriarchy, homophobia, transphobia, biphobia and intersexphobia not only aggravate such risks, but also hinder protection, access to justice and social inclusion. The Committees stress that specific measures should be taken to address harmful narratives and policies on irregular migration, which contribute to increased vulnerability of migrants, in particular women and girls, to trafficking in persons, violence and exploitation. Specific measures should ensure the accountability of State security forces involved in such crimes.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0028","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":28,"n":28,"text":"28. States Parties should review their anti-trafficking laws to remove provisions that discriminate against women in law or in practice. In particular, States Parties should eliminate gender bias, age restrictions and discrimination on the basis of parental status in legislation in order to ensure that women, including domestic workers, are able to migrate for work.","labels":["Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0029","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":29,"n":29,"text":"29. States Parties should take adequate measures, with a gender-responsive approach, to reform and strengthen policies, procedures and decisions, including at their borders, to fulfil the right to seek and enjoy asylum and other forms of human rights protection. Such protection should also include the provision of essential services to survivors of gender-based violence and trafficking in persons, such as safe housing, trauma-informed healthcare, specialized legal assistance, reproductive health services and protection from detention in unsafe conditions.[[fn:15]] In addition, it is essential to ensure that gender-diverse persons are supported through policies that respect their gender identity, provide access to genderaffirming healthcare and protect them from discrimination or violence throughout the asylum process.","labels":["LGBTI+","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":15,"text":"See, for example, CMW/C/CHL/CO/2, paras. 27 and 28."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0030","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":30,"n":30,"text":"30. States Parties should take measures aimed at empowering and actively involving all migrants, in particular women and persons with diverse sexual orientations and gender identities and expressions. States Parties should play a key role in the process of developing and implementing a comprehensive policy for the prevention and eradication of xenophobia and its impact on human rights. This process must be inclusive and participatory, empowering and amplifying women’s voices and leadership.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0031","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":31,"n":31,"text":"31. Xenophobia against migrants and others perceived as such particularly intersects with discrimination on the basis of sexual orientation, gender identity and expression and sexual characteristics. Xenophobic policies and narratives, combined with hostile attitudes towards sexual and gender diversity, contribute to increased vulnerability of LGBTIQ+ persons, including increased risks of violence, discrimination and social exclusion.","labels":["LGBTI+","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0032","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":32,"n":32,"text":"32. In accordance with the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity, States Parties should eradicate any barrier based on sexual orientation and gender identity to the enjoyment of human rights by migrants, including migrants in an irregular situation. In addition, measures should be taken to ensure access for migrants to asylum and complementary forms of protection, especially in cases of fear of persecution on the basis of their sexual orientation and gender identity. Measures should be taken to guarantee equal opportunities in order to facilitate their access to employment and labour inclusion.","labels":["LGBTI+","Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0033","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":33,"n":33,"text":"33. The Committees remind States Parties of the need to take all appropriate measures to implement effectively the recommendations of the Committee on the Elimination of Discrimination against Women in its general recommendations No. 26 (2008) on women migrant workers and No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women.","labels":["Children","Migrants","Non-citizens and stateless","Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","A. Gender"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0034","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":34,"n":34,"text":"34. Policies on migration and related areas that are directly or indirectly influenced by xenophobia and racism have a specific impact on the human rights of children, affecting, in a cross-cutting manner, all the human rights recognized for all children by States Parties to the Convention on the Rights of the Child.[[fn:16]] Relevant areas include regulations on visas and residence permits, measures addressing irregular migration in transit and destination countries, migration-related detention policies, requisites for family reunification, restrictions on the enjoyment of economic, social and cultural rights and eligibility for nationality or permanent residency upon attaining adulthood.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":16,"text":"Joint general comment No. 3 of the Committee on Migrant Workers/No. 22 of the Committee on the Rights of the Child (2017), para. 23."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0035","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":35,"n":35,"text":"35. Four core principles of the Convention on the Rights of the Child are children’s right to life, survival and development, their right to be heard and to participate, their right to be protected from all forms of discrimination, and the principle of the best interests of the child. The Committees stress that these four principles are permanently at stake because of migration policies that are influenced by xenophobia, racism and other intersecting forms of discrimination. Consequently, these principles, and the fundamental rights of the child – including the rights to birth registration, to have a name and a nationality, to education, to family life, to physical liberty and integrity, to non-refoulement and to freedom from harm – are arbitrarily violated under narrow and biased policies on migration and related areas.","labels":["Children","Migrants","Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0036","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":36,"n":36,"text":"36. States Parties should take all measures necessary to mainstream children’s rights into migration policies and policies aimed at eradicating xenophobia. Measures to address xenophobia should be incorporated into policies on the protection, development and welfare of children. Specific programmes should be put in place to address xenophobic narratives affecting migrant children, including unaccompanied and separated children and children born to migrant parents or into families with migrant backgrounds. An intersectional approach that is anti-racist and gender-responsive is critical within such measures.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0037","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":37,"n":37,"text":"37. States Parties should take adequate measures to ensure ongoing and meaningful participation by children in the implementation of a comprehensive policy for the eradication of xenophobia and its impact on human rights. The voices of migrant children, including unaccompanied and separated children and children born to migrant parents, should be properly heard by all competent authorities. They must be heard and their views taken into consideration in all tiers and branches of government – at the national and local levels – whenever their rights are affected. Relevant areas include family and child protection and welfare, education, migration, asylum, juvenile justice, law enforcement and social protection. States Parties should firmly refrain from producing or spreading narratives that criminalize and stereotype migrant children, including unaccompanied and separated children. They should also reject social, political or communicational narratives that scapegoat or stigmatize them.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0038","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":38,"n":38,"text":"States Parties should also take the following measures: (a) Develop specialized support services within child welfare and youth policies to meet the needs of migrant children; (b) Foster initiatives to prevent xenophobia and promote social cohesion on digital platforms and in applications directed at children; (c) Strengthen education and professional training on intercultural mediation; (d) Appoint intercultural mediators in facilities of the child protection system, in schools and at the community level, especially in highly culturally diverse cities and neighbourhoods; (e) Promote more inclusive and supportive environments for migrant children and families, including language services; (f) Prohibit by law and eradicate in practice migration-related detention of children and their families; (g) Ensure cultural sensitivity in assessments of the best interests of the child in the context of migration; (h) Reflect the cultural diversity of society within the workforce of child protection agencies; (i) Conduct intercultural activities to promote harmony and appreciation of diverse cultures.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0039","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":39,"n":39,"text":"39. The Committees remind States Parties to take appropriate measures to fully mainstream children’s rights into policies on migration and related areas, observing all the authoritative international standards developed by the Committee on Migrant Workers and the Committee on the Rights of the Child in their joint general comments,[[fn:17]] aimed at guiding policies and practices on children in the context of migration.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":17,"text":"Joint general comments No. 3 and No. 4 of the Committee on Migrant Workers/No. 22 and No. 23 of the Committee on the Rights of the Child (2017)."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","B. Children"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0040","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":40,"n":40,"text":"40. In countries whose populations are increasingly diverse owing to human mobility processes, youth policies can play a critical role in preventing and eradicating xenophobia. As evidence on migration has consistently demonstrated, a significant percentage of newcomers to countries of destination are young persons who interact in education facilities, community spaces and workplaces, all key areas where xenophobic narratives and policies can have a severe impact. Measures directed at youth can make a difference in addressing xenophobia in the short and long term.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","C. Youth"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0041","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":41,"n":41,"text":"41. The Committees recommend that States Parties mainstream programmes aimed at building mutual understanding and upholding social cohesion into youth policies at the national and local levels. Intercultural dialogue and migrant youth participation should be fostered as a cross-cutting strategy for developing, implementing and assessing policies directed at young persons. Young migrants or young persons from families with migrant backgrounds, along with other young persons, should be involved in initiatives that address xenophobia, racism and intersecting forms of discrimination. Specific measures should be taken to prevent xenophobia and racism in programmes for promoting youth employment and vocational training and facilitating access to higher education.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","C. Youth"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0042","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":42,"n":42,"text":"42. Xenophobia and its reciprocal relationship with policies that have an impact on the rights of migrants lead to specific consequences for older migrants. Narratives that wrongly depict migrants as a social burden, or speeches proclaiming priority for nationals in terms of access to certain social rights, have led to the imposition of restrictions on migrants’ access to programmes and services directed at older persons, especially those directed at older persons living in vulnerable situations. Nationality, migration status and type and length of residence have been invoked in establishing discriminatory regulations against older migrants, including in social security schemes for both formal and informal workers after retirement.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","D. Older persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0043","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":43,"n":43,"text":"43. States Parties should take all measures necessary to remove any discriminatory provisions within social protection, social security and related policies and programmes for older persons, especially those directed at older persons in vulnerable situations. In addition, the portability of social security rights should be ensured, through specific agreements between States, to ensure equitable social protection for all. Narratives promoting the privileging of nationals within such policies should be expressly combated by the competent authorities.","labels":["Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","D. Older persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0044","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":44,"n":44,"text":"44. The combination of xenophobic and racist narratives against migrants as undeserving of equal rights, and ableist narratives against persons with disabilities as unproductive and a social burden, has led to arbitrary human rights restrictions. Discriminatory treatment includes restrictions on visa access for migrant workers, on family reunification and on any other safe and regular migration channels on the basis of disability, and limitations on access to social protection schemes and to other programmes for persons with disabilities on the basis of nationality, migration status, or type or length of residence.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","E. Persons with disabilities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0045","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":45,"n":45,"text":"45. States Parties must refrain from including disability as grounds for denying or restricting visas or residence permits. Health requirements leading to indirect discrimination against migrants with disabilities must also be avoided. States Parties should adopt adequate measures, including legislative and administrative reforms when needed, to ensure equal access for all migrants with disabilities. Methods of identifying migrants with disabilities, in the context of migration and asylum-seeking procedures and administrative data collection, are key to address their requirements in a timely manner, better protect and facilitate the exercise of their rights and facilitate access to available services. Measures must be taken to ensure that disability-specific policies and programmes entail no discrimination on the basis of nationality, migration status or residence status, including in regard to social protection, health services, employment and labour conditions.","labels":["Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","E. Persons with disabilities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0046","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":46,"n":46,"text":"46. The Committees emphasize that appropriate measures should be designed to closely consult and meaningfully and actively involve migrants with disabilities, through their representative organizations, in the development and implementation of policies and programmes that may affect their rights, including initiatives to address xenophobia.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","E. Persons with disabilities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0047","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":47,"n":47,"text":"47. The Committees recommend the application of the Washington Group short set of questions on functioning to collect data disaggregated by disability status,[[fn:18]] and of the human rights indicators on the Convention on the Rights of Persons with Disabilities developed by the Office of the United Nations High Commissioner for Human Rights (OHCHR) to monitor the measures taken by States to eradicate xenophobia.[[fn:19]] These tools should also be used for reporting to national follow-up mechanisms and international human rights bodies on the measures taken and their outcomes.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":18,"text":"See https://www.washingtongroup-disability.com/question-sets/wg-short-set-on-functioning-wg-ss/."},{"n":19,"text":"See https://www.ohchr.org/en/disabilities/human-rights-indicators-convention-rights-persons-disabilities-support-disability-inclusive-2030."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","E. Persons with disabilities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0048","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":48,"n":48,"text":"48. The structural interdependence of xenophobia and systemic racism leads to profound and intersecting consequences on the rights of migrants of African descent, migrants of Asian descent and their families, particularly affecting those who also face marginalization on the basis of socioeconomic status, religion, gender, sexual orientation and other grounds. Structural inequities in terms of access to visas and residence permits, racial profiling and arbitrary treatment by law enforcement officers, judicial officials and service providers, and barriers and unequal opportunities in policies on education, labour, healthcare and housing are only a few examples of the institutionalized discrimination that they experience.","labels":["LGBTI+","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0049","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":49,"n":49,"text":"49. Women migrants of African descent are often subjected to sexualized stereotypes, gendered and racialized labour inequalities and heightened risks of gender-based violence. For LGBTIQ+ migrants of African descent, these intersecting inequalities result in compounded vulnerabilities and targeted abuse. Such patterns of discrimination are not simply expressions of bias, but they reflect deeply entrenched, structural inequities rooted in race, gender, religion, economic status and sexual orientation. In addition, the discriminatory use of digital technology at borders is particularly harmful to racially marginalized migrant women, even those in a regular situation.","labels":["LGBTI+","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0050","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":50,"n":50,"text":"50. States Parties should take all appropriate measures, within their policies for the eradication of xenophobia, to respect and fulfil all rights of migrants of African descent and their families.[[fn:20]] Measures should be taken to include migrants in policies directed at eradicating racism against people of African descent. States Parties are also urged to report on the measures adopted to promote and fulfil the rights of migrants of African descent, and their outcomes, as part of the activities for the implementation of the Second International Decade for People of African Descent (2025–2034).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":20,"text":"CMW/C/CHL/CO/2, para. 27."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0051","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":51,"n":51,"text":"51. The Committees recommend that States Parties take all measures necessary to ensure the participation of migrants of African descent in the development, implementation and periodic evaluation of policies for the eradication of xenophobia. Specific measures should be taken to include migrants of African descent and their families in data-collection mechanisms under such policies. Initiatives to address xenophobic and racist narratives against migrants and to promote a rights- and evidence-based communication policy on migration should take account of the structural nexus between xenophobia and racism, which affects the rights and living conditions of migrants of African descent and their families.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0052","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":52,"n":52,"text":"52. The Committees emphasize that other racialized groups are among the main victims of xenophobic attitudes, prejudices and policies that have an impact on the rights of migrants and others perceived as such. People of Asian descent and members of Roma communities,[[fn:21]] for example, are directly or indirectly affected by discrimination on the basis of descent or ethnic origin through discriminatory policies on migration and related matters, whether or not they are actually migrants. Likewise, anti-Gypsyism and narratives against other racialized groups have been fuelling narrow, stereotyped and security-based migration policies, which feed such discriminatory sentiments and attitudes.","labels":["Roma, Gypsies, Sinti and Travellers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":21,"text":"CERD/C/MDA/CO/12-14, paras. 27 and 28."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0053","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":53,"n":53,"text":"53. The Committees stress that references to specific social groups in the present general recommendation/general comment do not in any way imply that other racialized communities are not subject to xenophobia through intersecting forms of discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","F. People of African descent, people of Asian descent and other racialized groups"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0054","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":54,"n":54,"text":"54. Structural racism has an impact on the lives and human rights of Indigenous Peoples worldwide. One of its consequences is their forced displacement, both internally and internationally,[[fn:22]] in contravention of article 10 of the United Nations Declaration on the Rights of Indigenous Peoples. The root causes of migration by members of Indigenous communities include systemic discrimination, lack of basic opportunities, violation of their right to enjoy their land and ancestral territories, including by extractive industries, structural and institutionalized violence and the specific impact of climate change.","labels":["Persons affected by armed conflict","Persons affected by natural disasters"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":22,"text":"CMW/C/GTM/CO/2, para. 27."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","G. Indigenous communities"],"citedArticles":[{"article":"10","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 10 to the UN Declaration on the Rights of Indigenous Peoples, a non-treaty declaration."}]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0055","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":55,"n":55,"text":"55. The combination of xenophobia and racism negatively affects responses to Indigenous migrants and their families. Discriminatory visa and asylum policies and the lack of language interpretation hamper their safe and regular migration. Arbitrary and racist treatment by law enforcement and other authorities, including service providers and contractors, in countries of transit and destination, and lack of equal opportunities for full social inclusion in host societies, illustrate the impact of xenophobia and racism on their rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","G. Indigenous communities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0056","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":56,"n":56,"text":"56. The Committees are extremely concerned about the impact of xenophobia and racial discrimination on the labour conditions of Indigenous migrant workers, especially those in an irregular situation. The Committees stress that the situation of temporary migrant workers from Indigenous communities, including those from communities living in or close to border areas, is often defined by insufficient recognition of their land rights under international standards – such as the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of the International Labour Organization – by States of origin and destination. The absence of nondiscriminatory labour policies and protective frameworks reinforces structural inequality. The intersection of racial discrimination and xenophobia, and disregard for Indigenous status, exacerbate the risk of labour exploitation, including exposure to hazardous work, wage theft and contemporary forms of slavery. Indigenous migrant women and girls are particularly at risk of intersecting forms of discrimination, including sexual exploitation and gender-based violence.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","G. Indigenous communities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0057","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":57,"n":57,"text":"57. States Parties should take adequate measures to improve the regulation and supervision of the labour conditions of Indigenous migrant workers, regardless of their migration status, and ensure equal access to social protection, remedies and complaint mechanisms. States Parties should also make the appropriate reforms to policies in order to respect the land rights of Indigenous Peoples, including measures aimed at supporting culturally appropriate reintegration, access to justice, and reparations in cases of forced displacement, with particular attention paid to land restitution and community rebuilding.","labels":["Migrants","Persons affected by armed conflict"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","G. Indigenous communities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0058","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":58,"n":58,"text":"58. The Committees recommend that States Parties incorporate the rights of Indigenous communities, fully and in a cross-cutting manner, into policies for the eradication of xenophobia. Intercultural services and programmes are critical components of such policies. Policies and measures should be rooted in intercultural approaches and developed in close consultation with Indigenous Peoples, respecting the principle of free, prior and informed consent. The active participation of Indigenous migrants, including Indigenous-led organizations and representative institutions, in the design, implementation and periodic evaluation of such measures must be ensured. States Parties should recognize and facilitate Indigenous-led migration strategies that are centred on dignity, rights and sustainability, and promote access to education and language rights and the preservation of cultural identity throughout the migration experience.","labels":["Indigenous peoples","Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","G. Indigenous communities"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0059","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":59,"n":59,"text":"59. The impact of xenophobia has also been evidenced in the field of statelessness. Restrictive and discriminatory practices on the basis of nationality or migration or residence status, including legislative measures, have led to the statelessness of children born in countries of transit or destination. It is important to recognize the situation of women and girls rendered stateless owing to changes in national borders or definitions of nationality, in particular through laws or practices that do not extend nationality to children born to women with irregular migration status or on the basis of related factors.","labels":["Children","Migrants","Non-citizens and stateless","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0060","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":60,"n":60,"text":"60. The Committees acknowledge that the majority of the world’s stateless population belongs to specific ethnic, religious and minority groups. In many cases, this situation is directly caused by xenophobia and intersectional discrimination in documentation practices. Some laws and administrative practices treat racialized minority groups as if they were foreigners, subjecting them to rules and procedures akin to those applicable in the context of migration.[[fn:23]]","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":23,"text":"CERD/C/RUS/CO/25-26, para. 33."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0061","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":61,"n":61,"text":"61. States Parties should take all appropriate measures, including legislative reforms, to effectively prevent statelessness and ensure the right to a nationality of all children born to migrant parents, regardless of the parents’ migration or residence status. Clear legal safeguards should ensure that no children born or identified in the territory of a State Party remain without a nationality. These safeguards should be applied without any discrimination. In States of transit or destination where the principle of jus soli in the recognition of nationality does not apply, and children born in those States to migrant parents cannot acquire their parents’ nationality, those States should ensure, both by law and in practice, nationality of the country of birth.","labels":["Children","Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0062","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":62,"n":62,"text":"62. The Committees encourage States Parties to promote bilateral or multilateral cooperation mechanisms aimed at preventing and eradicating statelessness among children born in the context of migration, including those born in transit, regardless of their parents’ migration status. Simplified and expedited procedures should be implemented to facilitate birth registration and access to identity documentation. Effective international coordination should be sought to ensure that all children born in transit have the right to a name and to acquire a nationality. Child welfare and protection authorities, along with civil registry offices, should play a leading role. The principle of the best interests of the child should be a primary consideration in guiding such procedures and all decisions on a case-by-case basis.","labels":["Children","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0063","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":63,"n":63,"text":"63. The Committees urge all States Parties that have not yet done so to take the steps necessary to ratify the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness. The Committees also call upon States Parties to take measures to implement the recommendations of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in the report on racial discrimination in the context of laws, policies and practices concerning citizenship, nationality and immigration.[[fn:24]]","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":24,"text":"A/HRC/38/52."}],"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0064","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":64,"n":64,"text":"64. The Committees recommend that States Parties incorporate narratives addressing the nexus between migration and statelessness into their communication initiatives aimed at preventing xenophobia. Such initiatives should be aimed at key stakeholders, including health, civil registration and other service providers, family law tribunals and the general public. States Parties are encouraged to take measures that facilitate the full participation of stateless people and organizations with expertise on statelessness in the implementation of policies against xenophobia.","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Intersectional approach to xenophobia and the impact of xenophobia on human rights","H. Stateless persons"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0065","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":65,"n":65,"text":"65. In several countries, xenophobic and anti-migrant narratives have primarily targeted certain groups of migrants or others perceived as such on the basis of their professed or perceived religion or belief, affecting their right to freedom of religion or belief and leading to criminalization and other restrictions on human rights. Such effects have been widely evidenced in the field of migration control, including in the practices of law enforcement and judicial authorities. Cases of ill-treatment, arbitrary detention, criminalizing narratives and other abuses have consistently been reported as forms of violence and discrimination against migrants with a particular religion or belief, whether actual or perceived. In some cases, a biased approach to society leads to the perception of inhabitants as others or foreigners, resulting in discriminatory, unequal and even violent attitudes and undermining the right to religious freedom. Stigmatizing narratives portray certain people, on the basis of religion or beliefs, as dangerous or harmful, even linking them to serious crimes such as terrorism. The Committees are particularly concerned about virulent Islamophobia and antisemitism in States Parties.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0066","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":66,"n":66,"text":"66. The Committees strongly recommend that States Parties take all measures necessary to ensure equal treatment for all individuals under their jurisdiction, without distinction on the basis of religion. Measures in areas such as communication and education should recognize cultural, ethnic and religious diversity. It is essential to strengthen policies aimed at addressing the structural inequality experienced by people who, despite being nationals of the country in which they reside, continue to be perceived as others, particularly on the basis of their religion. This stigmatizing representation, in turn, is used to justify restrictive migration policies, which again fuel such prejudices and unequal treatment.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0067","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":67,"n":67,"text":"67. As noted by the Special Rapporteur on freedom of religion or belief, public policies to address xenophobia should recognize religious or belief-based discrimination as an aspect of xenophobic discrimination, along with its legal parameters and prohibitions. This dimension should also be reflected in relevant awareness-raising and educational initiatives, data collection and the provision of community engagement and support services to victims.[[fn:25]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":25,"text":"See https://www.ohchr.org/sites/default/files/documents/issues/racism/cfis/cerd-cmw-jointgc/subm-concept-paper-cerd-un-enti-sr-freedom-religio-elief.pdf."}],"section":["I. Religion and beliefs"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0068","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":68,"n":68,"text":"68. Xenophobia against migrants and others perceived as such intersects reciprocally with multiple forms of discrimination on the basis of class or socioeconomic status. In addition to other grounds for discrimination, class or socioeconomic status is used to construct a stigmatizing and at times even criminalizing representation of migrants, particularly those with irregular migration status.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs","J. Socioeconomic status"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0069","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":69,"n":69,"text":"69. The Committees stress that the intersection of migration, xenophobia and class or socioeconomic status is manifested in the structural causes of human mobility. The lack of channels for safe and regular migration is compounded by discriminatory, selective and unequal approaches, forcing people in vulnerable situations to use irregular and dangerous routes to exercise their rights to leave their countries and seek asylum.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs","J. Socioeconomic status"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0070","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":70,"n":70,"text":"70. The Committees strongly recommend that States Parties, in their efforts to eradicate xenophobia, take measures to address the multiple forms of discrimination on the basis of class or socioeconomic status. Tackling the root causes of migration in countries of origin and the discriminatory aspects of migration policies in transit and destination countries should be at the core of such measures.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs","J. Socioeconomic status"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0071","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":71,"n":71,"text":"71. The Committees stress that xenophobia and the policies that manifest it can intersect with individuals’ health status. Some regulations governing access to visas and residence and work permits do so according to health-related criteria. In some countries, persons living with HIV, tuberculosis, mental health conditions or other specific conditions are excluded from enjoying, or severely restricted in their enjoyment of, a range of human rights in the context of migration.[[fn:26]] The Committees urge States Parties to review regulations with the aim of repealing discriminatory provisions with regard to health conditions that affect the right to leave a country, freedom of movement or the possibility of obtaining a residence permit or regularizing migration status. In doing so, States Parties must ensure that health assessments in the context of migration procedures adhere to the principles of non-discrimination, voluntariness and confidentiality and are conducted in a manner that is consistent with international human rights standards, including that they be rights-based, gender-responsive and culturally appropriate.","labels":["Migrants","Persons living with HIV/AIDS","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":26,"text":"CERD/C/BIH/CO/14-15, paras. 31 and 32; CERD/C/QAT/CO/22-23, paras. 34 and 35; and CMW/C/KGZ/CO/2, paras. 27 and 28."}],"section":["I. Religion and beliefs","K. Health status"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0072","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":72,"n":72,"text":"72. The Committees warn against anti-migrant narratives, particularly prevalent during public health emergencies, that portray migrants as carriers of contagious diseases or other health problems that would affect the population of the destination country. This representation contributes to the legitimization of discriminatory and arbitrary policies that have a harmful impact on the human rights of migrants. The Committees recommend that States Parties refrain from promoting or spreading such narratives, and expressly reject such rhetoric by other actors.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Religion and beliefs","K. Health status"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0073","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":73,"n":73,"text":"73. The Committees stress the multidimensional nature of xenophobia. Its causes, manifestations and, especially, its consequences are intrinsically related to several structural factors, spanning a wide range of social, cultural, historical, economic and political aspects. The Committees therefore underscore the requirement for comprehensive and holistic public policies to address xenophobia and intersecting forms of discrimination. In this direction, the Committees recommend that States Parties cover the following key elements in such policies.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0074","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":74,"n":74,"text":"74. States Parties should ratify international and regional human rights treaties and effectively implement the relevant standards to protect the human rights of all persons at risk of xenophobia. States Parties should also establish a comprehensive anti-discrimination legislative framework, taking into account OHCHR guidelines.[[fn:27]] States Parties should reaffirm the prohibition by law of discrimination. This legal framework should incorporate updated international human rights standards and concepts, including the concept of multiple and intersectional discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":27,"text":"Protecting Minority Rights: A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation (United Nations publication, 2022)."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","A. Legal framework"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0075","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":75,"n":75,"text":"States Parties should adopt or strengthen and implement a coherent and comprehensive normative framework to regulate a holistic public policy for eradicating xenophobia and its impact on human rights. Key elements of the legislative scheme include the following: (a) Ensuring that migrants and nationals equally enjoy human rights without any discrimination; (b) Assigning mandates to each competent ministry and secretary; (c) Setting up intersectoral coordination; (d) Institutionalizing civil society participation; (e) Defining short- and long-term goals; (f) Guaranteeing adequate resources, periodic data collection, accountability and follow-up mechanisms.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","A. Legal framework"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0076","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":76,"n":76,"text":"76. The Committees recommend that States Parties forbid and duly sanction by law acts of xenophobia that violate the human rights of migrants and others perceived as such. Such provisions should ensure the duty to interpret and implement legislation with an intersectional approach. States Parties should review and, when needed, reform legislation on migration, asylum, labour, health and other areas, at the national and local levels, that directly or indirectly promotes xenophobia, discrimination and inequality.[[fn:28]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":28,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 30 (2004), para. 7."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","A. Legal framework"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0077","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":77,"n":77,"text":"77. The Committees stress that in order to eradicate xenophobia and its harmful human rights consequences, it is indispensable to ensure the involvement of all institutions and all levels of government. Joint action in areas such as education, communication and media, human rights, equity, gender, social inclusion, human development, healthcare, labour and social protection, internal affairs, justice, migration, housing, child welfare, foreign affairs, culture, civil registry, the economy, security and sports is essential to ensuring a holistic approach.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","B. Inter-institutional approach and intersectoral coordination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0078","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":78,"n":78,"text":"The Committees underscore the importance of promoting specialized, strong and independent public institutions with an explicit mandate to monitor, prevent and address xenophobia, racism and intersecting forms of discrimination.[[fn:29]] Whether separate or forming part of national human rights institutions or national equality bodies, such institutions should, inter alia: (a) Develop research and data-collection initiatives on xenophobia and its causes, manifestations and consequences; (b) Receive and resolve complaints on xenophobic, racist and related incidents; (c) Carry out campaigns against xenophobia and promote intercultural integration; (d) Train and advise other institutions on preventing xenophobia within their respective mandates.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":29,"text":"CERD/C/ZAF/CO/9-11, para. 39."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","B. Inter-institutional approach and intersectoral coordination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0079","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":79,"n":79,"text":"79. States Parties should develop and put in place inter-institutional coordination mechanisms to ensure a holistic approach in policies aimed at eradicating xenophobia. This mechanism should be formally established and endowed with due decision-making power to guarantee the effective implementation of such policies. Measures should be taken to ensure the formal and regular participation of civil society organizations, including those representing migrants and other groups affected by xenophobia and racism.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","B. Inter-institutional approach and intersectoral coordination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0080","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":80,"n":80,"text":"80. The Committees reaffirm that coherence is a core principle of inter-institutional coordination. States Parties should take measures to ensure coherent practices and goals within and between the policies that constitute such a holistic approach. Conversely, measures should be taken to prevent incoherent or contradictory decisions or priorities. For instance, it would be inconsistent to implement policies that promoted migrants’ social inclusion and increased formal employment while imposing barriers to migrants’ access to services and restricting their acquisition of residence and work permits. States Parties should avoid dissonance between migration, labour and other social policies.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","B. Inter-institutional approach and intersectoral coordination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0081","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":81,"n":81,"text":"81. The Committees are of the opinion that effective coordination among national, intermediate and local governments should be a critical component of a comprehensive policy against xenophobia and for the promotion of social cohesion and intercultural integration. The more decentralized a State, the greater the necessity to ensure that there are mechanisms for coordination among all the levels of governance. Legislative and operational measures should be taken to ensure such cooperation.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","B. Inter-institutional approach and intersectoral coordination"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0082","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":82,"n":82,"text":"82. Competence in many areas related to racial discrimination is exercised by local government. The Committees, recalling that human rights obligations extend to all levels of government, underscore that local governments should play a significant role within a holistic policy in eradicating xenophobia.[[fn:30]] Cities and other local governments should develop and implement their own comprehensive policies for preventing xenophobia in their communities.[[fn:31]] Central Governments should take measures, including the provision of budgetary support, to assist local authorities in implementing the national policy and plan of action against xenophobia and racism.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":30,"text":"A/HRC/32/50, para. 75."},{"n":31,"text":"CMW/C/ARG/CO/2, para. 29."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","C. Local government"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0083","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":83,"n":83,"text":"The Committees recommend that local authorities promote a rights-based, gender-responsive and evidence-based narrative on migration. Such a narrative should: (a) Stress the importance of multidirectional intercultural integration; (b) Promote memory policies related to the origin and diversity of the communities; (c) Acknowledge migrants’ contribution to and belonging in the community, ensuring that local authorities do not contribute in any manner to xenophobic rhetoric.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","C. Local government"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0084","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":84,"n":84,"text":"84. Local governments should take measures to remove all forms of discrimination from local laws, policies, programmes and practices, ensuring that access to services and rights is not restricted on the basis of nationality, migration status, gender or any other intersectional factors. Furthermore, local governments are encouraged to implement policies to protect migrants and others perceived as such who live in their communities. Such action is especially critical in national contexts marked by growing and worrying levels of xenophobia and racism, including narratives promoting discrimination against and the scapegoating of migrants for deep-rooted societal problems and fears, often for political or financial gain.[[fn:32]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":32,"text":"CMW/C/GTM/CO/2, para. 27."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","C. Local government"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0085","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":85,"n":85,"text":"The Committees recommend that local governments take concrete measures to prevent xenophobia and promote social cohesion, including the following:[[fn:33]] (a) Fostering and financing intercultural community spaces, dialogues and related initiatives, including in the fields of culture, sports,[[fn:34]] the arts, religion, education and recreation; (b) Engaging with and building the capacities of local media to promote responsible reporting on migration, migrants and cultural diversity; (c) Sensitizing all community members to the negative impact of xenophobia, racism and related discrimination against migrants and others perceived as such; (d) Adopting housing policies aimed at preventing social and cultural segregation of communities on the basis of nationality, race and other grounds; (e) Implementing, with international cooperation if needed, welcoming reception and protection policies in the context of humanitarian displacement crises; (f) Establishing, in collaboration with trade unions and employers’ organizations, workplace policies against xenophobia and discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":33,"text":"See also General Assembly resolution 73/195, para. 32 (f)."},{"n":34,"text":"CERD/C/NLD/CO/22-24, paras. 13 and 14."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","C. Local government"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0086","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":86,"n":86,"text":"86. The Committees stress that national and local human rights institutions and equality bodies should play a key role in the continuous assessment and monitoring of policies for eradicating xenophobia, especially with regard to its impact on human rights. States Parties should take adequate measures to strengthen these bodies, including through human and financial resources, in order to ensure their independence and adherence to the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","D. National and local human rights institutions"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0087","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":87,"n":87,"text":"87. National and local human rights institutions are encouraged to create, when appropriate, a thematic department focused on promoting and protecting the rights of migrants and their families. In all cases, institutions should take adequate measures to ensure cross-cutting and genuine inclusion of the rights of migrants and others perceived as such in all thematic areas in which they work.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","D. National and local human rights institutions"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0088","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":88,"n":88,"text":"National and local human rights institutions could promote the following activities, among others: (a) Collecting quantitative and qualitative data; (b) Implementing mechanisms for researching and monitoring xenophobia and racism, including the evaluation of related policies, such as the establishment of observatories; (c) Advising, training and guiding authorities on non-discriminatory policies and practices; (d) Creating effective, accessible, safe and gender-responsive reporting procedures for victims of xenophobia to submit complaints; (e) Submitting judicial complaints from direct victims, individually or collectively, and from third parties against discriminatory provisions in laws and other regulations; (f) Providing legal aid and counselling services to persons affected by xenophobic and related discriminatory incidents or practices; (g) Developing procedures for intercultural mediation; (h) Promoting memory policies related to the origin and diversity of the communities; (i) Supporting inter-institutional dialogue.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","D. National and local human rights institutions"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0089","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":89,"n":89,"text":"89. The Committees encourage regional and global networks of national and/or local human rights institutions to develop and/or strengthen initiatives against xenophobia, racism and all intersecting forms of discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","D. National and local human rights institutions"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0090","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":90,"n":90,"text":"90. The Committees recommend that States Parties take all appropriate measures to ensure the effective participation of civil society organizations, migrants, racialized groups affected by xenophobia, human rights defenders, academia, trade unions, youth, women’s organizations, faith-based groups, local communities, diaspora organizations, grass-roots associations, employers’ organizations and the private sector, among other actors, in efforts to eradicate xenophobia and intersecting forms of discrimination.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","E. Social participation and community engagement"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0091","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":91,"n":91,"text":"91. The Committees recommend that States Parties develop and strengthen policies to support community-led initiatives that empower all groups affected by xenophobia and intersecting forms of discrimination. Such initiatives should enable communities to build resilience, advocate for their rights and actively participate in efforts to prevent, resist and eradicate discrimination. States Parties should take measures to foster community engagement and dialogue, bringing together diverse communities to address xenophobia and racism collaboratively and facilitating opportunities for meaningful interactions, mutual understanding and solidarity-building among all individuals in each community.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","E. Social participation and community engagement"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0092","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":92,"n":92,"text":"92. States Parties should also promote the participation and responsibility of the private sector in the implementation of measures aimed at preventing, addressing and eradicating xenophobia, particularly given its impact on discriminatory practices in the workplace and in areas such as media, housing, health, education, culture and leisure.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","E. Social participation and community engagement"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0093","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":93,"n":93,"text":"93. States Parties have an obligation to ensure judicial review and justice for all migrants, at all times and regardless of their status. The Committees recommend that adequate measures be taken, aimed at all actors within the justice system (including judges, prosecutors and defence attorneys), to prevent xenophobia in administrative and judicial procedures, sentencing and decisions.[[fn:35]] States Parties should promote regular training and related programmes on international human rights law and standards in the context of migration. The Committees stress that all procedural and substantive decisions adopted by judges and other judicial authorities should be free from xenophobia. Such initiatives could include modules that comprehensively address irregular migration, with a view to ensuring that decisions are not influenced by xenophobic and discriminatory rhetoric.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":35,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 31 (2005), para. 5."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","F. Administration of justice"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0094","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":94,"n":94,"text":"94. States Parties should take adequate measures to ensure that incidents of hate crime of a xenophobic, racist or intersectional nature against migrants and others perceived as such are duly investigated, prosecuted and punished by the competent authorities. Such measures should include effective and dissuasive sanctions and protection against retaliation. Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination should be interpreted dynamically in order to ensure that such incidents are effectively investigated and sanctioned.[[fn:36]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":36,"text":"CERD/C/DNK/CO/22-24, para. 19."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","F. Administration of justice"],"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination'; regex_default already CERD, confirmed."}]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0095","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":95,"n":95,"text":"95. The Committees recommend that States Parties take appropriate measures to ensure effective, accessible and safe access to justice for migrants and all victims of xenophobia, racism and intersecting forms of discrimination, regardless of their migration status. Such measures should include setting up effective firewalls to guarantee that service providers will not refer any information on migration status to the migration authorities and related law enforcement agencies. Fear of deportation must not be a deterrent to seeking justice. It is essential for States Parties to take effective measures to empower migrants to report incidents of hate crime without fear of retaliation, ensure due process guarantees and prevent the migrants’ expulsion from the State before the trial is concluded.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","F. Administration of justice"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0096","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":96,"n":96,"text":"96. Appropriate procedural accommodation on the basis of age, gender, disability, language and other grounds should be provided, when necessary, to ensure inclusive administrative and judicial procedures. Spoken language interpretation and accessibility for persons with disabilities should be mandatory, including within migration, asylum and other related procedures within judicial and administrative systems.","labels":["Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","F. Administration of justice"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0097","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":97,"n":97,"text":"The Committees are concerned that xenophobia, racism and intersecting forms of discrimination may lead to arbitrary judicial decisions, especially in criminal proceedings, including in countries where the death penalty is permitted. Migrants and other racialized groups are disproportionately represented among those who are convicted, including those sentenced to capital punishment. The Committees recommend that States Parties, as appropriate: (a) Take measures to eradicate the death penalty, where it is still permitted, and ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; (b) Take appropriate measures until that point to prevent and eliminate any discriminatory impact on the basis of nationality, race, ethnicity, gender, language, religion and other grounds prohibited under the principle of non-discrimination during the entire judicial process, including the investigation phase, the trial, the sentencing and all related decisions; (c) Fully implement the guidelines developed by the Committee on the Elimination of Racial Discrimination in its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","F. Administration of justice"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0098","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":98,"n":98,"text":"98. The Committees recommend that measures be taken to strengthen the capacities of all public bodies involved in eradicating xenophobia. Such measures should also apply to other actors, including workers’ and employers’ organizations, media companies, relevant private actors, community and religious leaders and associations, and the general public.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","G. Capacity-building and awareness-raising"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0099","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":99,"n":99,"text":"States Parties should design and put in place continuing training and awareness-raising initiatives focused on addressing xenophobia and fostering intercultural integration. Adequate measures, including the allocation of resources and periodic assessments of outcomes, should be taken to guarantee that ongoing training programmes constitute critical, cross-cutting tools for the entirety of the public administration at the national and local levels. Within such initiatives, States Parties are also encouraged to build partnerships with civil society organizations, academia, workers’ organizations, international agencies and other experts, faith-based groups, migrants and grass-roots associations. States Parties should promote the active participation of experts and stakeholders in the design, implementation and evaluation of such training programmes.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","G. Capacity-building and awareness-raising"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0100","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":100,"n":100,"text":"100. States Parties should enhance the regular collection of disaggregated data to identify challenges faced by migrants and their families relating to their well-being and integration into society. Data-collection mechanisms must be supplemented by other methods, including censuses, household surveys, labour-force surveys and education surveys. All competent bodies, at the national and local levels,[[fn:37]] should take measures to break down data into different social groups on the basis of prohibited grounds for discrimination. Such measures will allow them to identify and highlight common and specific challenges and barriers that these groups face, and to adapt policies and practices accordingly.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":37,"text":"Durban Declaration and Programme of Action, Programme of Action, para. 92."}],"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","H. Data collection and rights-based indicators"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0101","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":101,"n":101,"text":"101. The competent authorities should compile quantitative and qualitative information on xenophobic attitudes, including verbal and physical violence and harassment against migrants and others perceived as such, and on measures related to victims’ access to justice and redress and the sanctions imposed on perpetrators. As part of the policy for addressing and preventing xenophobia and its negative impact on human rights, periodic polls and surveys should be conducted, with the aim of measuring migrants’ inclusion and intercultural integration, gauging the public’s perceptions and attitudes and gaining a better understanding of the root causes of systemic racism. Particular attention should be given to tracking xenophobia online. Trends should be analysed using an interdisciplinary approach and should be published regularly.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","H. Data collection and rights-based indicators"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0102","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":102,"n":102,"text":"102. States Parties should collect disaggregated data on instances of death, disappearance, arbitrary detention and expulsion of migrants, and other incidents occurring on dangerous migration routes. These data should be systematically analysed to inform measures, including policy reform, to prevent such situations, protect migrants and facilitate access to effective justice and redress mechanisms.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","H. Data collection and rights-based indicators"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0103","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":103,"n":103,"text":"103. The Committees stress the importance of regulation by law and effective implementation of strict data-protection safeguards to ensure that service providers’ data are not accessible or used for migration enforcement or related purposes. Data must be collected, stored and shared in ways that protect privacy and security while adhering to ethical principles, including informed consent, self-identification and confidentiality. Collected data should be used strictly to achieve the objectives of policies promoting equality and preventing xenophobia, racism and discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","H. Data collection and rights-based indicators"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0104","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":104,"n":104,"text":"104. Policies should be put in place to ensure the periodic dissemination of information on the negative impact of xenophobia and intersecting forms of discrimination on migrants, their families and communities, including analysis of the consequences for social integration, human development and other key goals of public policies in multiple areas.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. Key elements of a comprehensive policy to eradicate xenophobia","H. Data collection and rights-based indicators"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0105","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":105,"n":105,"text":"105. The establishment of transparent mechanisms for follow-up, periodic assessment, monitoring and evaluation is a critical aspect of a policy to address xenophobia and its causes and reverse its consequences. The Committees stress the role of independent specialized public agencies in monitoring the implementation of all components of a holistic policy to prevent and eradicate xenophobia, its causes and its effects on human rights. The Committees recommend that national human rights institutions, equality bodies and other independent public bodies competent in related matters – for example, anti-racism and anti-discrimination institutions – take measures, including issuing periodic reports, to assess the progress of the policy and its impact in the short and long term. Initiatives should also involve the participation of civil society organizations, migrants’ associations, local authorities, academia, trade unions, multicultural schools and associations, religious entities, the private sector, employers’ associations and international organizations. Such measures should ensure strong, meaningful, participatory and institutionalized consultative mechanisms.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Follow-up and periodic assessment"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0106","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":106,"n":106,"text":"106. Effective implementation of policies to prevent xenophobia and address its causes and consequences requires that States Parties take all measures necessary to guarantee adequate resources. Allocating appropriate budgetary, human and other resources is critical to the successful execution of all programmes and practices to eradicate xenophobia.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Follow-up and periodic assessment","J. Resource allocation and international cooperation"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0107","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":107,"n":107,"text":"107. Resources directed to policies that address migration through a security lens should be reallocated in order to implement a comprehensive approach, which could contribute to preventing xenophobia and related discriminatory and harmful practices.[[fn:38]] Resources allocated to the criminalization of irregular migration status, administrative migration-related detention and the securitization of border control, which also further encourage stereotyped xenophobic narratives, could be redirected to measures aimed at facilitating regularization channels and promoting social inclusion through appropriate legislation and administrative measures.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":38,"text":"Joint general comment No. 4 of the Committee on Migrant Workers/No. 23 of the Committee on the Rights of the Child (2017), para. 12."}],"section":["I. Follow-up and periodic assessment","J. Resource allocation and international cooperation"]},{"id":"cmw-c-gc-7-cerd-c-gc-38-0108","docId":"cmw-c-gc-7-cerd-c-gc-38","idx":108,"n":108,"text":"108. States Parties experiencing increased diversity of their population owing to international migration, especially those coping with significant levels of human mobility over short periods of time, should be supported through international cooperation mechanisms to ensure the allocation of the resources needed to implement a holistic policy for the benefit of entire societies. In particular, they should guarantee effective access to and enjoyment of all human rights without discrimination, including services for the reception and social inclusion of newcomers. International organizations can play an important role by conditioning external funding on compliance with the principle of non-discrimination.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Follow-up and periodic assessment","J. Resource allocation and international cooperation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0001","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":1,"n":1,"text":"1. The present joint general recommendation/general comment was adopted at the same time as joint general recommendation No. 38 (2025) of the Committee on the Elimination of Racial Discrimination and general comment No. 7 (2025) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families on general guidelines for eradicating xenophobia towards migrants and others perceived as such.[[fn:1]] While that joint general recommendation/general comment and the present one are stand-alone documents, they are designed to complement each other and should be read, interpreted and implemented together.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":1,"text":"For the purposes of the present joint general recommendation/general comment, the term “others perceived as such” encompasses all persons who are affected by racial discrimination or intersecting forms of discrimination in the context of xenophobia, resulting in unequal and discriminatory treatment. See also joint general recommendation No. 38 (2025) of the Committee on the Elimination of Racial Discrimination/general comment No. 7 (2025) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, para. 12."}],"section":["I. Introduction"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0002","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":2,"n":2,"text":"2. The overall objective of the present joint general recommendation/general comment is to provide authoritative guidance for States Parties to the International Convention on the Elimination of All Forms of Racial Discrimination and/or the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and all relevant stakeholders on developing and implementing measures on thematic areas within a comprehensive policy to eradicate xenophobia and its impact on human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["I. Introduction"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0003","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":3,"n":3,"text":"3. Narratives are powerful, socialized stories created by communities, public actors such as the media, popular culture, social and political figures and the general public to explain and understand the world around them.[[fn:2]] Narratives have played an increasingly prominent role in the field of human mobility, particularly in fuelling xenophobia, its causes and its consequences. Xenophobia is both informed by and informs a combination of narratives, policies, attitudes, prejudices and practices. The constant repetition of a narrow and unfair representation of migration and migrants can cumulatively enable an environment where xenophobic narratives emerge. Consequently, discrimination, xenophobic and racist hate speech and even violence may seem acceptable or legitimate. This chain reaction informs policies and practices which, in turn, feed and multiply these narratives. This toxic combination leads to human rights violations linked to multiple forms of discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":2,"text":"Office of the United Nations High Commissioner for Human Rights (OHCHR), “Seven key elements on building human rights-based narratives on migrants and migration”, June 2024, p. 4."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0004","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":4,"n":4,"text":"4. A key component of a comprehensive policy to address xenophobia is a focus on developing and disseminating a human rights- and evidence-based narrative on migration. Communication policies on migration-related matters entail both positive and negative duties. States Parties should take measures to abstain from directly or indirectly producing or spreading narrow, biased, prejudiced and stereotyped narratives, including those that describe migrants as a problem, threat or risk or in any other dehumanizing manner. Similarly, States Parties should discourage and counter any misinformation and disinformation disseminated by media and digital platforms, which could lead to stigmatization, stereotyping and criminalization, and could promote justification of unequal treatment and discrimination. States Parties should also refrain from associating a particular nationality with particular crimes, and from using expressions such as “migrants are criminals”, “migrants steal jobs”, “migrants disproportionately use social services”, “migrants do not pay taxes” and “migrants bring diseases”.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0005","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":5,"n":5,"text":"5. The Committees note that the misleading use of the term “illegal” to label migrants in an irregular situation, which is not and should not be considered a crime,[[fn:3]] and the ascription of negative characteristics to them are clear indicators of the extent of the spread of stigmatizing and harmful narratives on migration.[[fn:4]] The Committees reaffirm that no human being can be identified as “illegal”. Recalling General Assembly resolution No. 3449 (XXX) of 9 December 1975, on measures to ensure the human rights and dignity of all migrant workers, the Committees strongly urge all States to refrain from using terms such as “illegal”. States should also refrain from overemphasizing legitimate aims, such as public order or safety, to justify measures that arbitrarily or disproportionately undermine migrants’ enjoyment of human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":3,"text":"CERD/C/MAR/CO/19-21, paras. 29 and 30; CERD/C/USA/CO/10-12, paras. 51 and 52; and Committee on Migrant Workers, general comment No. 5 (2021), para. 36. See also Committee on Migrant Workers, general comment No. 2 (2013); and joint general comment No. 4 of the Committee on Migrant Workers/No. 23 of the Committee on the Rights of the Child (2017)."},{"n":4,"text":"Committee on Migrant Workers, general comment No. 2 (2013), para. 2; CERD/C/KOR/CO/17-19, paras. 7 and 8; and A/HRC/23/46/Add.4, para. 72."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0006","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":6,"n":6,"text":"6. The Committees consider that States Parties also have positive duties to formulate and implement rights-based narratives on migration. An evidence-based description of the diversity that has shaped each society, including the historical migration processes and the increasingly dynamic patterns of migration in the contemporary world, is critical. Migrants should be presented as members of the community, not as others or outsiders. States Parties’ communication initiatives should ensure a prominent place for narratives acknowledging the diverse contributions of migrants to the societies in which they live. The Committees urge States Parties to take into account the recommendations of the Office of the United Nations High Commissioner for Human Rights (OHCHR) on building human rights-based narratives on migrants and migration.[[fn:5]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":5,"text":"See OHCHR, “Seven key elements”."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0007","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":7,"n":7,"text":"7. Narratives on international migration and migrants should include measures that describe and provide evidence of the possible negative impact of xenophobia at all levels of the economic, social, cultural and political life of the community. Narratives that promote discrimination against migrants as a means of improving the living conditions of nationals must be critically examined and rejected. On the contrary, rights-based and evidence-based narratives can reinforce the virtuous circle generated by policies addressing xenophobia and its harmful impact.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0008","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":8,"n":8,"text":"8. The Committees note with great concern that migration status has been increasingly used by States Parties to exclude people from the enjoyment of human rights, disproportionately affecting racialized communities. Under no circumstances can irregular migration status in itself be depicted as a threat to public safety or equated with criminal behaviour. States Parties should take specific measures to promote a substantive shift in public narratives concerning migration and concerning persons who are directly or indirectly forced to leave, move or stay in an irregular situation.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0009","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":9,"n":9,"text":"9. In general, it is through no fault of migrants that they fall into an irregular situation. Instead, it is the policy and practice choices made by States Parties – by act or omission – that place migrants in an irregular situation. Structural factors, including racism and gender inequality, also influence existing regulations on the right to leave one country and enter and stay in another in a regular manner. States Parties should ensure that irregular migration and persons with irregular migration status are presented through a comprehensive narrative that highlights the circumstances leading to such a situation or status. Narratives on the regularization of migrants should emphasize that it is a key tool for achieving positive outcomes of multiple public policies, rather than presenting it as an amnesty for people who have committed a crime.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","A. Narratives and communication policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0010","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":10,"n":10,"text":"10. In a world where societies are becoming increasingly culturally diverse owing to human mobility, the media have grown to be a key vector for two contradictory outcomes. On the one hand, they serve to foster intercultural integration, social cohesion and mutual understanding. The media play an important role as a public watchdog, and investigative journalism can play a part in monitoring, reporting on and uncovering laws and policies that further xenophobia, discrimination and racism. On the other hand, the media can be misused to spread misinformation, hate, stereotypes and narrow narratives that lead to social inequalities and conflict. The Committees stress that media actors have a major social responsibility when addressing issues related to migration, migrants and persons perceived as such, especially those from racialized communities.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0011","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":11,"n":11,"text":"11. States Parties should take measures to combat xenophobia and discriminatory stereotypes against migrants in the media,[[fn:6]] including the adoption of appropriate legislation in line with international standards.[[fn:7]] Moreover, they should establish, if not yet in existence, independent public institutions tasked with regulating and monitoring audiovisual and print media to remove xenophobic and racist content and protecting against xenophobic, racial and other forms of discrimination. These institutions should be mandated to promote intercultural, inclusive and evidence-based public communication policies. They should also develop guidance and recommendations for media, digital platforms and other communication actors, including advertisers. Participatory dialogues and consultations with the private media, community radio stations and other stakeholders from the field of communications should be encouraged and facilitated.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":6,"text":"CERD/C/CHL/CO/22-23, paras. 18 and 19."},{"n":7,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013), para. 39."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0012","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":12,"n":12,"text":"12. Taking into account the importance of freedom of expression in democratic societies, the Committees recommend that all media actors, both public and private, adopt codes of conduct and self-regulatory principles and guidelines aimed at ensuring a responsible approach to migration and ethical reporting and advertising.[[fn:8]] Additional measures should reinforce such commitments in specific contexts, including during election campaigns and humanitarian and displacement crises. States Parties should encourage media actors to ensure ethical and responsible reporting on migration, grounded in the principles and standards of international human rights law.[[fn:9]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":8,"text":"CERD/C/AUS/CO/18-20, paras. 13 and 14."},{"n":9,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013), para. 39."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0013","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":13,"n":13,"text":"13. Media guidelines and rules should aim to prevent and address misinformation and disinformation, especially when used to discriminate against or create hostility towards migrants and others perceived as such. The guidelines should also promote the avoidance and rejection of narrow and biased portrayals of migrants in the media, particularly those that predominantly associate migrants with crime-related news coverage. They should raise awareness among media actors to prevent stereotyped approaches. Media actors, including journalists, are encouraged to take into account existing guidelines on responsible reporting of migration, including those developed by the International Organization for Migration (IOM)[[fn:10]] and the International Labour Organization (ILO).[[fn:11]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":10,"text":"IOM, “Media coverage on migration: a practical guide for journalists”, May 2018."},{"n":11,"text":"ILO, “Reporting on forced labour and fair recruitment: an ILO toolkit for journalists” (2020), available at https://www.fairrecruitmenthub.org/resources/reporting-forced-labour-and-fair-recruitment-ilo-toolkit-journalists."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0014","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":14,"n":14,"text":"Media self-regulation should include the commitment to refrain from: (a) Using the word “illegal” to describe migrants in an irregular situation; (b) Highlighting the nationality, ethnicity or religious affiliation of persons when reporting on alleged perpetrators of crime; (c) Alluding to the movement of migrants as an “invasion”, “avalanche”, “wave” or similar terms that could foster negative misconceptions.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0015","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":15,"n":15,"text":"15. The media, in partnership with the competent authorities from national and local governments, international agencies and civil society organizations, including migrants’ associations, academia and workers’ organizations, should promote positive and inclusive storytelling initiatives. Representing migrants as neighbours, parents, students, workers, professionals, caregivers, community leaders or in any other roles that they perform, like any other member of society, would help reduce misconceptions and prejudices, value the contribution that migrants make to society and foster social cohesion.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0016","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":16,"n":16,"text":"16. The lack of migrant voices in media reporting contributes to further othering and dehumanization of migrants. Public and private media actors should take measures to promote the visibility of migrants and others perceived as such in the media, reflecting the cultural diversity of society and avoiding a stereotyped approach. In addition, media actors and journalists should consult migrants, including migrants’ associations and community leaders, when reporting on matters related to migration, especially in cases of news stories or discourse that could fuel xenophobia and its harmful consequences.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0017","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":17,"n":17,"text":"17. States Parties should take measures to support and protect journalists who promote responsible and positive stories about migration and report on violations of the human rights of migrants.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0018","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":18,"n":18,"text":"18. In partnership with media actors, civil society organizations, human rights institutions and other stakeholders, States Parties should promote human rights and anti-discrimination training initiatives targeting journalists and others from the communication sector, including broadcast media, entertainment and other areas concerned.[[fn:12]] The Committees recommend that measures be taken to mainstream pedagogical tools on human rights, migration and xenophobia, racism and other forms of discrimination into the curricula of journalism schools and related fields.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":12,"text":"CERD/C/KOR/CO/17-19, paras. 7 and 8; and CERD/C/LTU/CO/9-10, paras. 11 and 12."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","B. Role of the media"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0019","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":19,"n":19,"text":"19. Private actors running or managing digital platforms, including social networks, have an important social responsibility to prevent and eliminate xenophobia, racism and other expressions of hate and discrimination against migrants and others perceived as such in virtual spaces. Indeed, algorithms and other digital platform tools may contribute to spreading and magnifying xenophobia and racism, including hate speech. The Committees therefore recommend, in line with general recommendation No. 35 (2013) of the Committee on the Elimination of Racial Discrimination,[[fn:13]] that these actors, including Internet service providers, engage in effective self-regulation and adopt guidelines and codes of ethics to prevent and address such manifestations,[[fn:14]] while respecting the right to freedom of opinion and expression.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":13,"text":"General recommendation No. 35 (2013), para. 42."},{"n":14,"text":"CERD/C/MAR/CO/19-21, paras. 17 and 18."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","C. Social networks and other digital platforms"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0020","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":20,"n":20,"text":"20. States Parties should take steps to prohibit, prevent and monitor online hate speech against migrants and others perceived as such, and to ensure that all reported cases are effectively investigated and duly prosecuted and punished.[[fn:15]] They should develop policies to encourage private actors to effectively put in place guidelines, including regulations for prohibiting and sanctioning hate speech, and to prevent and address xenophobia and related forms of discrimination on those platforms. In addition, States Parties should take measures to implement the Guidelines for the Governance of Digital Platforms, developed by the United Nations Educational, Scientific and Cultural Organization, and the Guiding Principles on Business and Human Rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":15,"text":"CERD/C/BEL/CO/20-22, paras. 18 and 19; CERD/C/COL/CO/17-19, paras. 10 and 11; and CERD/C/LUX/CO/18-20, paras. 17 and 18."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","C. Social networks and other digital platforms"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0021","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":21,"n":21,"text":"21. The Committees recommend the creation of a working group composed of representatives of the public security sector, Internet service providers, digital platforms, government entities, international organizations, civil society, national and local human rights institutions, public bodies for combating xenophobia, racism and related forms of discrimination, and migrants and members of racialized groups. This multi-stakeholder framework could develop measures and guidelines to prevent and address xenophobia and racism online, including proactive mechanisms for the timely dismantling of fake news aimed at stigmatizing or criminalizing migrants and others perceived as such.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","C. Social networks and other digital platforms"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0022","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":22,"n":22,"text":"22. The competent authorities should develop initiatives to play an active role in social networks to address and prevent xenophobia and promote a comprehensive narrative on migration. States Parties should support digital technologies designed to prevent xenophobia and promote intercultural integration, including tools accessible to migrants with disabilities.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","C. Social networks and other digital platforms"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0023","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":23,"n":23,"text":"23. Considering the increasing relevance of the digital environment in children’s lives, the Committees recommend that States Parties take all measures necessary to implement the authoritative guidelines developed by the Committee on the Rights of the Child in its general comment No. 25 (2021).","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","C. Social networks and other digital platforms"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0024","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":24,"n":24,"text":"24. A comprehensive policy for eradicating xenophobia must include legislative, operational and other measures aimed at identifying, prohibiting and sanctioning organizations and other groups that promote, incite or commit xenophobic and intersectional violence against migrants and others perceived as such. The Committees encourage States Parties to integrate fully into all relevant policies the authoritative guidance developed by the Committee on the Elimination of Racial Discrimination in its general recommendation No. 35 (2013) on combating racist hate speech. The Committees also recommend that measures be taken to implement the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","D. Hate speech and xenophobic violence"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0025","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":25,"n":25,"text":"The Committees stress the importance of taking legislative measures and implementing operational programmes in order to effectively ensure access to justice and redress schemes by victims of xenophobia and hate speech and violence. Specific initiatives should guarantee due process, including access to legal aid, for victims in all administrative and judicial proceedings affecting them. Safe channels for reporting must be ensured. Additional measures to promote multisectoral assistance for victims of xenophobic crimes should include the following: (a) Providing mental health and psychological support; (b) Ensuring accessible, child-friendly, culturally sensitive and gender-responsive mechanisms; (c) Tackling language barriers and taking into account the specific needs of persons with disabilities; (d) Ensuring that procedural costs do not dissuade victims from seeking compensation; (e) Allocating adequate resources.","labels":["Children","Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","D. Hate speech and xenophobic violence"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0026","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":26,"n":26,"text":"26. Groups promoting verbal or physical xenophobic hate and violence also target associations of migrants, defenders of the rights of migrants, including organizations saving lives in migration corridors and providing humanitarian assistance, and other social actors. Adequate measures should be taken to protect them, ensuring an intersectional approach and taking into consideration the particular role of women human rights defenders.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","D. Hate speech and xenophobic violence"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0027","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":27,"n":27,"text":"27. The education environment can be another space where prejudices and related discrimination are spread and experienced. Nevertheless, it is also a privileged context for addressing these issues and implementing policies aimed at building bridges between cultures from an early age. The Committees stress that such measures within education policies are critical to the success of efforts to counter the impact of xenophobia, dismantle its causes, build inclusive societies and promote social cohesion and intercultural integration in increasingly diverse societies.[[fn:16]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":16,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013), paras. 31 to 34; and CERD/C/USA/CO/10-12, paras. 57 and 58."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","E. Education as key to eradicating xenophobia and promoting social cohesion"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0028","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":28,"n":28,"text":"States Parties should mainstream migration and cultural diversity, taking a rights-based and holistic approach, into education curricula at all levels – primary, secondary and higher – in both formal and informal learning spaces and at the national and local levels of government. Specific measures should be taken to include such themes and approaches in the curricula of professional degrees in education, and in continuing training programmes for teachers, teacher trainers and other education sector workers, to ensure culturally and ethnically sensitive teaching practices.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","E. Education as key to eradicating xenophobia and promoting social cohesion"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0029","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":29,"n":29,"text":"Initiatives should be promoted by the competent authorities in education, anti-discrimination and other relevant areas to develop and incorporate textbooks, educational tools and activities for each level and age group. These materials should aim to promote intercultural understanding and address and prevent xenophobia and racism, including colonial stereotypes.[[fn:17]] Appropriate resources should be allocated to implement effectively all the pedagogical tools and activities needed to achieve these goals. The history and legacies of colonization and chattel slavery should be part of the basic education curriculum in every State Party as a critical method of addressing xenophobia and its harmful impact.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":17,"text":"Joint general comment No. 4 of the Committee on Migrant Workers/No. 23 of the Committee on the Rights of the Child (2017), para. 63."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","E. Education as key to eradicating xenophobia and promoting social cohesion"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0030","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":30,"n":30,"text":"30. States Parties should develop initiatives to foster community-wide engagement in schools and informal learning centres, aimed at preventing xenophobia and promoting social cohesion and mutual understanding. The Committees recommend that States Parties take and effectively implement adequate measures to promote programmes in schools that reflect the cultural diversity of society. Adequate measures should be taken to prevent segregated school systems, which can hamper intercultural integration[[fn:18]] and lead to social conflict, hate and related harmful outcomes.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":18,"text":"CERD/C/ISR/CO/17-19, paras. 40 and 41."}],"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","E. Education as key to eradicating xenophobia and promoting social cohesion"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0031","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":31,"n":31,"text":"31. Education institutions and other competent authorities should take measures, including legislative reforms, to encourage, allow and facilitate the incorporation of migrant teachers and other education workers into the educational system. Barriers, including discrimination on the basis of nationality, race, ethnicity, gender, religion and other grounds, should be removed.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","E. Education as key to eradicating xenophobia and promoting social cohesion"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0032","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":32,"n":32,"text":"32. Inaccurate, false or harmful narratives about migrants and their cultures, or narratives that ignore or make invisible existing ethnocultural diversity, can fuel discrimination, resentment and even violence. They can also lead to migrants being ignored and undermined in the community in which they live. Rights-based, gender-responsive and culturally sensitive cultural policies can make an essential contribution to eradicating xenophobia.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","F. Cultural policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0033","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":33,"n":33,"text":"33. States Parties should develop policies at all levels to promote and facilitate the participation of migrants and others perceived as such in all aspects of cultural life, in order to strengthen and highlight their belonging to the community in which they live. States Parties should remove all barriers to the equal participation of migrants in all aspects of cultural life, including theatre, cinema, painting, music, radio, television, digital platforms and festivals, as a manifestation of the ethnocultural diversity of the society.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["II. Developing rights-based narratives on migration, promoting responsible reporting, combating hate speech and building cohesive societies","F. Cultural policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0034","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":34,"n":34,"text":"34. According to article 13 (2) of the Universal Declaration of Human Rights, article 5 (d) (ii) of the International Convention on the Elimination of All Forms of Racial Discrimination and article 8 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, everyone has the right to leave any country, including one’s own. In the Global Compact for Safe, Orderly and Regular Migration, States committed to enhancing the availability and flexibility of pathways for regular migration, including initiatives to respond to the needs of migrants in vulnerable situations. The Committees are aware that there is a direct relationship between, on the one hand, the nexus between racism and xenophobia and, on the other, restrictive policies that hinder or obstruct regular channels for the safe and regular enjoyment of the right to leave the country. In many countries, policies that restrict visas and other regular migration channels on the basis of different factors – for example, work, family reunification or protection-related grounds – have been directly and indirectly informed by prohibited grounds of discrimination. These restrictions have a direct impact on persons with a pressing need to flee their countries owing to deprivation of their human rights.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"],"citedArticles":[{"article":"13","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly attributes art. 13(2) to the Universal Declaration of Human Rights, a non-treaty instrument."},{"article":"5","paragraph":"d","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5 (d) (ii) of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"8","treaty":"CMW","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 8' of the Migrant Workers Convention, which provides the right to leave any country."}]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0035","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":35,"n":35,"text":"35. A comprehensive policy for eradicating xenophobia should include a thorough review of regulations on visas, entry and residence permits. Removing requirements and barriers imposed on the basis of nationality, race, ethnicity, gender and other grounds of discrimination is an essential step towards actually facilitating regular, effective, affordable and accessible pathways. Rights-based and humanitarian protection-based pathways should mainstream and amplify such regulations. Family reunification procedures should be accessible and exempt from all forms of discrimination, including on the grounds of socioeconomic status and labour skills. These procedures should primarily be aimed at protecting the right to family life, children’s rights and other related rights. Enabling migrant workers to change to a different type of visa or residence permit should also be facilitated, without discrimination.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0036","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":36,"n":36,"text":"36. Throughout the past few decades, policies have increasingly contributed to making irregular migration one of the structural characteristics of human mobility. For many people, irregular migration has become one of the few actual pathways, if not the only one, for exercising their right to leave their country and to seek and enjoy asylum. The Committees are of the opinion that irregular migration status is a clear indicator of a person in a vulnerable situation owing to rights deprivation and discrimination, rather than a person with a tendency to break the law.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0037","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":37,"n":37,"text":"37. The Committees are alarmed about evidence of the outcomes of narratives and practices to address irregular migration through the lens of combating crime. Measures in this direction include the escalating militarization of migration routes, including at borders, in international waters and in the territory of countries of origin and transit countries.[[fn:19]] The results include the tragic increase among migrants of cases of death, disappearance – including enforced disappearance – kidnapping, sexual assault, beating, detention and many other abuses, by State and non-State actors. Instead of reinforcing restrictive and securitized responses focusing on migration control, therefore, States Parties should develop policies to fulfil migrants’ rights without any discrimination.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":19,"text":"CERD/C/KOR/CO/20-22, paras. 17 and 18; and CERD/C/MEX/CO/18-21, paras. 34 and 35."}],"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0038","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":38,"n":38,"text":"38. The Committees reaffirm the principle of non-criminalization of irregular migration. The irregular entry, transit or stay of migrants cannot be considered a crime. The criminalization of irregular migration will therefore always exceed the legitimate interests of States in governing human mobility. Such situations can solely be considered administrative infractions. The Committees underscore the need to address irregular migration from a comprehensive rights-based and humanitarian perspective. States Parties should take measures to guarantee the right to seek asylum regardless of irregular entry into a country, and other human rights that could be at stake in the context of entry, residence application, return and other migration procedures.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0039","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":39,"n":39,"text":"39. The Committees recommend that States Parties thoroughly review policies and operational measures in order to assess whether they may contribute to increasing the risks that people face in migration corridors. These assessments should cover the connection between the lack of regular pathways, the securitization of measures and the increase in irregular and unsafe routes and their human consequences.[[fn:20]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":20,"text":"CMW/C/MEX/CO/3, paras. 35 and 36; CMW/C/MEX/QPR/4, para. 14; and CMW/C/MEX/CO/4, paras. 33 and 34."}],"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0040","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":40,"n":40,"text":"40. The Committees recommend that States Parties take all measures necessary to prevent any form of violence, racial discrimination and ill-treatment of migrants in transit and at borders regardless of migration status, and to ensure accountability for State and non-State actors who perpetrate such acts. States Parties should put in place and strengthen search and rescue operations in unsafe migration corridors on land or at sea, in line with human rights obligations and those arising from the International Convention on Maritime Search and Rescue. They should take measures, by law and in practice, to support humanitarian organizations and human rights defenders that carry out such activities, refraining from taking measures that could in any way impede or criminalize the assistance that they provide.[[fn:21]] Administrative authorities, particularly those focused on protecting people in vulnerable situations, rather than security or armed forces, should have a primary role within policies and procedures concerning migrants in transit. In addition, independent institutions should assess in depth the factors leading to the increase in cases among migrants of death, enforced disappearance and other human rights violations or tragedies in transit. Adequate measures should be taken to determine responsibilities, grant victims access to justice and reparation and ensure safeguards of non-repetition.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":21,"text":"CERD/C/ITA/CO/21, paras. 18 and 19; and OHCHR and Global Migration Group, Principles and Guidelines, Supported by Practical Guidance, on the Human Rights Protection of Migrants in Vulnerable Situations (Geneva, OHCHR, 2018), principles 13 and 18. See also A/73/216, para. 28."}],"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0041","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":41,"n":41,"text":"41. Xenophobia has also influenced the policies to address the aforementioned dramatic consequences. Narratives often disregard these tragedies, ignore the identity and history of each victim, dehumanize the victims, blame migrants and evade discussions on the root and policy-based causes of irregular and unsafe migration. Policies lack measures to ensure culturally sensitive treatment of victims, identify them, contact their families and facilitate fulfilment of their relatives’ rights to grief and mourning,[[fn:22]] to know the truth and to seek justice and redress, including through transnational justice mechanisms. The Committees encourage States Parties to take all measures necessary to implement the guidelines developed by the Committee on Enforced Disappearances in its general comment No. 1 (2023) on enforced disappearance in the context of migration.[[fn:23]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":22,"text":"A/72/335, para. 71."},{"n":23,"text":"See also Recommendation 2284 (2024) of the Parliamentary Assembly of the Council of Europe on missing migrants, refugees and asylum-seekers."}],"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0042","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":42,"n":42,"text":"42. The Committees recall the extraterritorial character of human rights obligations in any circumstance in which State agents exercise effective authority over procedures, actions and decisions that affect human rights. Migration control activities beyond the territory of States Parties fall under their jurisdiction, according to international human rights law. Measures must be taken to ensure that human rights duties are fully respected, including the prohibition of refoulement. Due process guarantees in such procedures must be ensured. Practices such as interception, pushback and other similar measures that lack these basic guarantees and fail to meet human rights obligations should be banned and eradicated, including when implemented under practices and agreements on bilateral cooperation.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0043","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":43,"n":43,"text":"43. States Parties are urged to take legislative and other measures to protect migrants in transit who are victims of crimes. Programmes intended to ensure that they and their relatives have access to justice should be effectively realized, including through transnational justice mechanisms and cooperation initiatives on justice and other areas. Measures to facilitate their access to appropriate redress should be reinforced, or put into place where they are lacking.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0044","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":44,"n":44,"text":"44. The Committees note the positive outcomes of regional agreements aimed at facilitating freedom of movement by recognizing the right of entry and stay of migrants from other countries in the region. The Committees call on States Parties to expand and strengthen these practices. Legislative and operational measures aimed at adopting a broader definition of the term “refugee” at the regional level should also be enhanced and expanded. These good practices should not lead to discriminatory treatment against migrants from other regions, especially in regard to the effective enjoyment of the right to seek asylum, the right to family life and other rights enshrined in international human rights and humanitarian law.","labels":["Persons affected by armed conflict","Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","A. Right to leave the country and freedom of movement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0045","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":45,"n":45,"text":"45. Borders can be particularly dangerous for migrants. National laws and administrative regulations sometimes wrongly characterize borders as zones of exclusion or exception for human rights obligations. Harmful and xenophobic narratives, often fuelled by anxieties about national security, have contributed to more restrictive border-management practices, which in turn reinforce xenophobia. A security approach to border-control procedures and decisions has led to measures that fail to take account of human rights obligations and to fulfil the basic standards of transparency of State action. The risk of violations of human rights, including the rights to life and to be protected from enforced disappearance, torture and other cruel or inhuman treatment, is thus greater at borders.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0046","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":46,"n":46,"text":"The Committees recommend that States Parties develop a comprehensive and rights-based narrative to inform measures to regulate migration policies and practices at borders. The Committees urge States Parties to take all measures necessary to mainstream into such policies all international human rights standards, taking into account the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders. States Parties should effectively respect and fulfil all due process guarantees, including access to justice and effective remedies, in the context of expulsions and other measures of forced return.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0047","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":47,"n":47,"text":"47. Collective expulsion and pushback must be prohibited, as has been evidenced by both Committees and by several other United Nations human rights mechanisms.[[fn:24]] Such measures violate the right to individual assessment of protection needs, the principle of nonrefoulement, the right to seek asylum and the duty to ensure due process guarantees. States Parties should also take strong measures to prevent any form of violence and illtreatment against migrants during border procedures, including racist and gender-based violence, and to investigate any reported cases of such practices, facilitate victims’ access to justice and redress and establish non-repetition mechanisms.","labels":["Refugees & asylum-seekers","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":24,"text":"CERD/C/IRN/CO/20-27, paras. 38 and 39; CERD/C/MDA/CO/12-14, paras. 25 and 26; CERD/C/BIH/CO/14-15, paras. 31 and 32; and CMW/C/TUR/CO/2, paras. 31 and 32. See also A/HRC/47/30."}],"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0048","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":48,"n":48,"text":"48. The reciprocal connection between xenophobic narratives and migration policies has also influenced the expulsion of migrants owing to their irregular status through procedures that lack critical human rights standards, including due process guarantees. Such measures, effectively punitive in nature, have the potential to affect several rights at stake depending on the case, including the rights to work, housing, social security, wages, family life and health and the right of children not to be separated from their parents or primary caregivers, among many others.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0049","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":49,"n":49,"text":"49. In irregular situations – those related to irregular entry or stay – States Parties should primarily take alternative measures to expulsion. Priority should be given to pathways for regularization on the basis of human rights duties, humanitarian considerations and other related grounds. If any sanction is to be imposed, States Parties must respect the principle of proportionality between the infraction, its effects and the sanction. Expulsion should, as a general rule, be a last resort. In such a situation, States Parties should strengthen guidelines, training and related policies aimed at ensuring that both administrative and judicial authorities are fully aware of their obligations with regard to human rights and of their legal obligations.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0050","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":50,"n":50,"text":"50. The use of digital technologies at borders often amplifies existing human rights concerns and enables them to be manifested in new ways. This effect is particularly stark where border governance is influenced by xenophobia and racism, seeking to achieve security-focused rather than protection-focused objectives. The intrinsic relationship between xenophobia and biased policies has influenced the development and use of digital technologies for the purposes of migration control, at borders and beyond, in the context of growing securitization and, in some cases, militarization, and their harmful consequences. The discriminatory use of digital technologies at borders is particularly harmful to members of racialized groups, even those with regular migration status.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0051","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":51,"n":51,"text":"51. States Parties should take measures to mainstream into policies against xenophobia all the standards developed by the Committee on the Elimination of Racial Discrimination in its general recommendation No. 36 (2020) on preventing and combating racial profiling by law enforcement officials. In the field of border control and in other matters related to migration, States Parties should take all measures necessary, including legislative measures, to ensure that the design, deployment and use of artificial intelligence systems and digital technologies comply with such standards. In particular, they must protect people from discrimination or profiling, including on the grounds of race, colour, descent or national or ethnic origin.[[fn:25]] States Parties are also encouraged to adhere to the principle of data minimization and purpose limitation, including reviewing any areas of data repurposing and the compatibility of any large-scale or interoperable databases with such principles. Specific measures should be taken to ensure that clear firewalls are in place between borderenforcement agencies and other State agencies, including those responsible for the delivery of rights and services.[[fn:26]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":25,"text":"CERD/C/QAT/CO/22-23, paras. 24 and 25."},{"n":26,"text":"See OHCHR and University of Essex, “Digital border governance: a human rights-based approach”, September 2023."}],"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0052","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":52,"n":52,"text":"52. The Committees recommend that States Parties take all appropriate measures to ensure, by law and in practice, that the development and implementation of all digital border technologies is subject to robust human rights protections. States Parties should take an intersectional approach and ensure due process guarantees, effective remedies, firewalls, transparency and accountability mechanisms, and independent assessments of the impact on human rights before deploying new technology. States Parties should also ensure that the use of digital technologies is adequately regulated within the legal and policy framework, incorporating explicit rights-based provisions. States Parties should refrain from using digital technologies at borders that could cause severe harm to human rights, including artificial intelligence that reproduces racial algorithmic bias by creating risk profiles and automating decision-making on migration and asylum procedures.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0053","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":53,"n":53,"text":"53. Xenophobia and structural racism, and harmful narratives underpinning them, have also had a deep and worrying impact on policies directed at expanding border governance measures beyond the border. These practices seek to control migrants’ residence status in the context of various fields within States’ territory, such as social services, workplaces, public transport and roads, and hotels. In some countries, competent authorities and private actors are not authorized or required to monitor whether an individual – such as a client, worker or service user – has breached the law, even in cases of the most serious crimes. However, immigration-related offences are often checked and reported in a wide range of places, institutions and circumstances. The Committees are of the opinion that these are discriminatory and disproportionate practices, informed by a securitized and xenophobic narrative on irregular migration status. They strengthen misperceptions about migrants and lead to policies contrary to international human rights obligations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0054","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":54,"n":54,"text":"States Parties should apply a gender-responsive, child-sensitive and human rights-based approach when collecting data and ensure that the rights of migrant workers and members of their families to privacy, personal information and data protection are protected, including by establishing appropriate firewalls, in order to ensure that personal data are not used for migration control or for discrimination in public or private services. States Parties should refrain from using service providers and other authorities – apart from migration law enforcement bodies – as auxiliaries in policies for migration control. Likewise, States Parties must ensure that the primary duty of labour inspection services is to monitor labour laws and regulations, especially to protect workers’ rights.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","B. Human rights at borders and in destination countries"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0055","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":55,"n":55,"text":"55. Xenophobic and criminalizing narratives on irregular migration, reciprocally complemented by securitized migration policies, have led to extraterritorial strategies of border control. The Committees are of the opinion that the externalization of policies for migration control is a practice that impedes, in essence, the enjoyment of the human right to asylum and, complementarily, due process guarantees and other human rights that may be at stake depending on the case.[[fn:27]] These externalization practices have increasingly restricted the opportunities for migrants to effectively apply for asylum or other complementary forms of protection.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":27,"text":"A/HRC/48/76, para. 49."}],"section":["III. Impact of xenophobia on migration","C. Right to seek asylum"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0056","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":56,"n":56,"text":"56. States Parties should ensure that measures for migration control that are taken in international zones and beyond their borders, including in international waters and in the territory of countries of origin or transit countries, do not reduce in any aspect their duties under the Convention relating to the Status of Refugees or international human rights treaties. States Parties should refrain from promoting or adopting bilateral or multilateral agreements by which they aim to evade or limit their legal obligations under human rights and humanitarian law, including by outsourcing or externalizing such duties.[[fn:28]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":28,"text":"CERD/C/GBR/CO/24-26, paras. 47 and 48."}],"section":["III. Impact of xenophobia on migration","C. Right to seek asylum"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0057","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":57,"n":57,"text":"The Committees are also concerned about the influence of xenophobia and anti-migrant narratives on asylum procedures and decisions, including algorithmic bias in the automated processing of applications, and on the designation of safe third-country lists. The adoption by asylum authorities of restrictive criteria that are not based on human rights, and the lack of individual assessment of asylum applications, including widely discretionary decisions based on political interests and misconceptions, have been arbitrarily affecting the right to seek and enjoy asylum and complementary forms of international protection.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","C. Right to seek asylum"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0058","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":58,"n":58,"text":"States Parties should take all appropriate measures to enhance the adoption of a rights-based approach, integrating an intersectional perspective, within asylum procedures and decisions. Legislative and operational measures should ensure all due process guarantees, such as access – free of charge where necessary – to legal aid and interpreters, fair administrative decision-making and effective remedies. States Parties should refrain from restricting the right to asylum out of political interests – for example, based on bilateral relations with the applicant’s country of origin – and from any other discriminatory practices. Measures should be taken to prevent racial profiling and any form of direct or indirect discrimination in asylum procedures and decisions.[[fn:29]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":29,"text":"CERD/C/BIH/CO/14-15, paras. 31 and 32."}],"section":["III. Impact of xenophobia on migration","C. Right to seek asylum"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0059","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":59,"n":59,"text":"59. The Committees stress that over the past few decades, there has been a growing reciprocal relationship between xenophobia and narratives aimed at legitimizing policies of migration-related detention. Since its inception, international human rights law has progressively contributed to limiting the use of administrative grounds for the deprivation of liberty and to reducing the use of detention within the criminal system, especially as a preventive measure during procedures. However, the use of detention based on factors related to migration status has increased.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0060","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":60,"n":60,"text":"60. States Parties should immediately forbid and cease in practice the migration-related detention of children, including unaccompanied minors, and families, in line with joint general comment No. 4 of the Committee on Migrant Workers/No. 23 of the Committee on the Rights of the Child (2017).[[fn:30]] Similar measures should be taken to cease the detention of other persons in vulnerable circumstances, including pregnant women, asylum-seekers, persons with disabilities and victims of trafficking, taking into account the authoritative guidance by the Committee on Migrant Workers in its general comment No. 5 (2021).","labels":["Children","Migrants","Persons with disabilities","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":30,"text":"CERD/C/MEX/CO/18-21, paras. 34 and 35."}],"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0061","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":61,"n":61,"text":"61. The implementation of detention policies focused on security and the creation of facilities for detaining persons for the purposes of migration control have encouraged social narratives that unfairly link migrants – and in particular, those with irregular migration status – to public order and security threats.[[fn:31]] The Committees are concerned about the use of detention for migration-related issues, which results in discriminatory treatment in regard to the human right to liberty and protection from arbitrary detention. Although individuals are detained solely on the basis of their administrative status, the detention conditions are usually nearly identical to those in prisons within the criminal system and may amount to inhuman treatment. These conditions include being kept in prison-like buildings and being subjected to strict daily routines, the use of isolation and punishment cells, restrictions on family visits, limited access to phones and the Internet, high levels of opacity and restricted access for civil society organizations, national human rights institutions and equality bodies.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":31,"text":"A/75/183, para. 80."}],"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0062","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":62,"n":62,"text":"62. The Committees recall that immigration detention is always harmful and disproportionate as an interim measure during administrative procedures or in response to an administrative irregularity or infraction. The Committees strongly recommend that States Parties take all appropriate measures without delay to progressively abolish migration-related detention policies and practices. Until then, the Committees urge States Parties to ensure, by law and in practice, that detention for migration purposes is used only as a last resort and is an exceptional measure, applied for the shortest possible period of time.[[fn:32]] The decision to detain must follow a substantiated assessment demonstrating why other measures cannot be applied. The law should oblige the competent authorities to use non-custodial measures, if needed, on a priority basis. Any restriction or deprivation of liberty based on migration status must be implemented within a procedure that ensures all due process guarantees. In such cases, the competent authorities must give a robust, individualized justification for any restriction of migrants’ liberty.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":32,"text":"CERD/C/BIH/CO/14-15, paras. 31 and 32. See also Committee on Migrant Workers, general comments No. 2 (2013) and No. 5 (2021)."}],"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0063","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":63,"n":63,"text":"States Parties should ensure that measures and practices on migration-related detention are different from those used in policies for addressing criminal issues. They should take adequate measures to guarantee that the facilities and all conditions of migration-related detention are entirely different from those of the criminal system. Legislative and operational measures should be taken accordingly, such as the following: (a) Refraining from using law enforcement authorities to manage such facilities; (b) Abstaining from daily rules and activities akin to those in the penitentiary system; (c) Improving transparency and accountability mechanisms; (d) Guaranteeing migrants’ access to information, the Internet, cell phones and visits from their family and lawyers; (e) Removing language barriers and hiring intercultural mediators.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0064","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":64,"n":64,"text":"64. States Parties should implement confidential and effective complaint mechanisms for cases of xenophobic and racial violence and other abuses against migrants in detention centres, including independent oversight and follow-up. Access by civil society organizations, national human rights institutions, equality bodies and other independent oversight bodies should be strengthened. Policies should be in place to collect data on such cases. Measures should be taken to ensure ongoing rights-based training programmes for personnel working in migration-related detention centres, aimed at preventing cases of xenophobia and racism and eradicating securitized attitudes related to imprisonment.","labels":["Migrants","Persons deprived of their liberty"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","D. Detention policies"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0065","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":65,"n":65,"text":"65. The impact of xenophobia on policy has also been manifested in practices of racial profiling by law enforcement authorities.[[fn:33]] In this regard, the Committees call on States Parties to take all appropriate measures to effectively implement the authoritative guidelines issued by the Committee on the Elimination of Racial Discrimination in its general recommendation No. 36 (2020). The Committees underscore the importance of adopting an intersectional approach to address the impact of racial profiling, particularly on migrants, in accordance with the principle of non-discrimination.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":33,"text":"CMW/C/MEX/CO/3, paras. 25 and 26."}],"section":["III. Impact of xenophobia on migration","E. Racial profiling and policies on migration law enforcement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0066","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":66,"n":66,"text":"66. A securitized narrative regarding migration has contributed to instances of abuse by border agents and other security forces against migrants, especially those in an irregular situation.[[fn:34]] These practices include arbitrary arrests and searches, mistreatment and excessive use of force, including against women and children. The use of force within migration procedures, and during police raids and other anti-crime action against migrants allegedly in an irregular situation, reinforces a wrongful association between migrants and criminality. Migrants of certain nationalities, ethnicities and skin colours are particularly targeted by these arbitrary practices owing to existing structural forms of racism, which also affect racialized groups perceived as migrants.[[fn:35]]","labels":["Children","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":34,"text":"CERD/C/MAR/CO/19-21, para. 33."},{"n":35,"text":"CERD/C/USA/CO/10-12, paras. 51 and 52."}],"section":["III. Impact of xenophobia on migration","E. Racial profiling and policies on migration law enforcement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0067","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":67,"n":67,"text":"67. States Parties should strengthen policies to implement effective accountability mechanisms for border agents and all law enforcement agencies, including independent oversight, complaint mechanisms and disciplinary action in cases of xenophobic behaviour.[[fn:36]] Measures should be taken to intensify the ongoing training of the competent authorities to prevent such abuse.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":36,"text":"CERD/C/MAR/CO/19-21, para. 34."}],"section":["III. Impact of xenophobia on migration","E. Racial profiling and policies on migration law enforcement"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0068","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":68,"n":68,"text":"68. Securitized narratives regarding migrants in general, and those in an irregular situation in particular, have influenced policies and discourse addressing regularization. Regularization programmes have been portrayed as measures akin to amnesties aimed at pardoning crimes or related harmful conduct. This approach increases criminalizing and stigmatizing narratives, cyclically reinforcing policies on irregular migration, including a lack of political will to facilitate regularization. States Parties should refrain from presenting regularization programmes as tools for pardoning criminal offences.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","F. Regularization"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0069","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":69,"n":69,"text":"69. The Committees stress that regularization is a critical tool for addressing irregular, insecure and vulnerable situations of migrants and their families. Regularization is a key means of achieving policy goals in several areas, including human development, socioeconomic inclusion, formal employment and the prevention of exploitation, genderbased violence, marginalization, child labour and other risks. Facilitating migrants’ access to regular residence is an essential measure to protect persons in vulnerable situations and, subsequently, to fulfil their basic rights and promote their social inclusion. On the contrary, the absence of accessible and permanent pathways to regularization contributes to deepening inequalities, social exclusion and multiple forms of discrimination, abuse and other negative consequences.","labels":["Children","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","F. Regularization"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0070","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":70,"n":70,"text":"70. States Parties should adopt a human rights-based approach and a comprehensive narrative on regularization, including by disseminating messages on the way in which regularization can lead to multiple positive outcomes for migrants, their families, society and the State itself. The Committees recommend that States Parties take and strengthen measures aimed at ensuring, by law and in practice, accessible and affordable regularization mechanisms, including temporary schemes and, more importantly, permanent pathways. The decision as to whether to grant migrants access to regular residence status, enabling them to leave irregular status behind, could be made on the basis of any of a wide range of factors, such as employment, family ties, social roots, child and family protection, humanitarian grounds, social inclusion, policy goals on labour and human development and legal duties with regard to international human rights and refugee law.","labels":["Children","Migrants","Refugees & asylum-seekers"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["III. Impact of xenophobia on migration","F. Regularization"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0071","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":71,"n":71,"text":"71. Narratives have wrongfully proposed that nationals should enjoy privileged protection of human rights, or attempted to legitimize restrictions on access to basic services on the basis of non-national, migration or residence status. These narratives have had a negative impact on the enjoyment by migrants of economic, social and cultural rights. The Committees stress that these practices not only affect the human rights and living conditions of migrants and others perceived as such, but also lead to increasing social exclusion, inequality and other negative outcomes. The Committees remind States Parties of the standards developed by the Committee on Economic, Social and Cultural Rights regarding migrants.[[fn:37]]","labels":["Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":37,"text":"See E/C.12/2017/1."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0072","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":72,"n":72,"text":"72. Xenophobic narratives on migration, including those that represent migrants as abusers of social services or link them with criminality and security threats, have several harmful effects on children’s right to education. These narratives lead to their exclusion from or to restrictions on their access to education, at certain or all levels, and other discriminatory practices.[[fn:38]] Such practices may also include barriers to obtaining diplomas, failure to recognize foreign educational qualifications, exclusion from scholarship schemes or deportation for having participated in political or social activities in higher education institutions. Biased representation of migrants by authorities, the media and other actors contributes to cases of xenophobic bullying of migrant children and children born to migrant parents or families with migrant backgrounds, especially those from racialized groups. Such practices violate children’s rights to education, mental health and development, among others, and could result in situations of violence or, in the long term, lead to a rise in social conflict and societal inequality in countries of destination.","labels":["Children","Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":38,"text":"CERD/C/KOR/CO/17-19, paras. 29 and 30."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0073","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":73,"n":73,"text":"73. States Parties should ensure, by law and in practice, that policies and programmes are in place to effectively guarantee the right to education for all migrant children on an equal basis with children who are nationals, regardless of their migration status or that of their parents. Enrolment barriers such as residency requirements should be eliminated, diplomas should be issued upon fulfilment of the educational requirements and equal access should be provided to scholarships or other support measures, irrespective of migration status. Comprehensive, intercultural and rights-based support services should aim to ease the integration of migrant children into schools, especially in the case of unaccompanied migrant children. Initiatives should include linguistic immersion programmes and training of cultural mediators.","labels":["Children","Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0074","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":74,"n":74,"text":"74. Specific programmes, with adequate resources and properly trained teachers and other professionals, should be put in place with the aim of preventing and addressing xenophobic discourse and bullying at schools, incorporating an intersectional approach. Child-friendly mechanisms for intercultural mediation and specialized psychosocial support for child victims of xenophobic, racist and related incidents should also be made available.","labels":["Children"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0075","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":75,"n":75,"text":"75. Narratives on migration have influenced policies on the labour market and employment, leading to restrictions on migrants’ right to work and unequal and unsafe working conditions, including exploitation. Potentially discriminatory practices include forbidding migrants from working or restricting their right to work on the basis of their migration or asylum status, impeding their access to a residence permit on the basis of labour opportunities or prohibiting the hiring of migrant workers with regular migration status in particular sectors of the labour market. Such measures lead to the overrepresentation of migrants in unemployment and in informal, unsafe or unprotected labour activities, and hinder social and labour inclusion.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0076","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":76,"n":76,"text":"76. Such narratives are also linked to vulnerable situations that migrant workers, especially those with irregular migration status, may face, including labour exploitation, child labour, gender-based violence and harassment, and other abuse or exploitation at work.[[fn:39]] Specific categories of migrant workers are particularly affected by xenophobia and other forms of discrimination, including those working in the areas of domestic care, rural work, mining, agriculture, construction, textiles, delivery, hotels, restaurants and the digital gig economy. A particularly harmful impact is suffered by migrant women, especially the poorest and most marginalized, who are disproportionately concentrated in low-paid and unprotected jobs. Migrants face obstacles in obtaining recognition of educational diplomas and labour skills certificates obtained in their countries of origin. Barriers and discriminatory regulations preventing migrants from enjoying union rights are widely evidenced in many countries.","labels":["Children","Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":39,"text":"CERD/C/QAT/CO/22-23, paras. 16 and 17; CERD/C/ZAF/CO/9-11, paras. 42 and 43; CMW/C/KGZ/CO/1, paras. 40 and 41; and CMW/C/LSO/CO/1, paras. 27 and 28."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0077","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":77,"n":77,"text":"77. States Parties should take all measures necessary to promote equal access to work permits and decent work across all jobs sectors and skill levels, and repeal discriminatory legal provisions that unreasonably deny access to employment for non-nationals. States Parties should respect migrant workers’ union rights, and support trade unions’ initiatives for training and awareness-raising regarding xenophobia and intersecting forms of discrimination. States Parties should take measures to authorize migrants to work while they are awaiting a decision on their application for residence or asylum. In addition, States Parties should prohibit employers from confiscating identity documents and passports, and ensure that employers who violate that prohibition are appropriately sanctioned.[[fn:40]]","labels":["Migrants","Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":40,"text":"CERD/C/QAT/CO/22-23, paras. 18 and 19."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0078","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":78,"n":78,"text":"78. Specific measures should be taken to address racial discrimination in recruitment at the structural, institutional and individual levels. Normative guidelines directed at private sector actors – namely, employers and recruitment agencies – should be adopted.[[fn:41]] Such initiatives should be aimed at preventing xenophobia, including through information and awareness-raising campaigns, and training programmes for labour inspectors, the labour judicial system and other competent authorities, and the private sector. The Committees recommend that States Parties take into account in such measures the ILO general principles and operational guidelines for fair recruitment and definition of recruitment fees and related costs.[[fn:42]] States Parties should also reinforce labour inspection policies, including in the domestic work sector.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":41,"text":"CERD/C/NLD/CO/22-24, paras. 21 and 22."},{"n":42,"text":"ILO, General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs (Geneva, 2019)."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0079","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":79,"n":79,"text":"79. States Parties should ensure accessible and affordable dispute resolution and complaint mechanisms with regard to acts of xenophobia and any kind of discrimination at work. States Parties should take measures to remove physical, linguistic or gender-related barriers to access to justice. Migrant workers should be given sufficient time to remain in the country until a final decision is reached regarding their case. If they are forced to leave the country, measures should be taken to allow them to file a complaint from their country of origin, ensuring access to justice and redress through effective transnational justice mechanisms.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0080","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":80,"n":80,"text":"80. The Committees encourage States Parties to ratify or implement all the ILO conventions relevant to migrant workers – including the Migration for Employment Convention (Revised), 1949 (No. 97), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and the Domestic Workers Convention, 2011 (No. 189) – ensuring that the interpretation of the provisions protects all migrant workers, regardless of their migration status. States Parties should also take all appropriate measures to implement the authoritative guidelines developed by the Committee on the Elimination of Discrimination against Women in its general recommendations No. 26 (2008) on women migrant workers and No. 38 (2020) on trafficking in women and girls in the context of global migration, in particular with regard to addressing labour exploitation of migrant women.","labels":["Migrants","Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","A. Right to education"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0081","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":81,"n":81,"text":"Direct and indirect xenophobic narratives on migrants have had several consequences in healthcare policies and on migrants’ right of access to health services. The adoption of discriminatory policies and practices that restrict this right on the basis of nationality, residence or migration status is one of the more widespread outcomes.[[fn:43]] The Committees are concerned about other practices that are not in line with international human rights obligations and standards, which violate migrants’ right to health and undermine key objectives of public healthcare policies, such as the following: (a) Regulations under which migrants in an irregular situation have access to emergency care services only; (b) Requirements that migrants pay for health services that are free of charge for the rest of the community; (c) The requirement of a minimum number of years of regular residence to qualify for access to certain health services.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":43,"text":"CERD/C/CHL/CO/22-23, paras. 32 and 33; CERD/C/USA/CO/10-12, paras. 33 and 34; and CMW/C/PER/CO/2, paras. 47 and 48."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","C. Right to health"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0082","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":82,"n":82,"text":"82. The Committees recommend that States Parties take all appropriate measures to remove any discriminatory regulations and practices related to the right to healthcare. Regardless of their migration status, migrants should have access on an equal basis with nationals to all health services, including sexual and reproductive health services.[[fn:44]] Other measures should be taken to build and spread narratives that highlight the positive effects of policies to ensure universal access to health services by all members of society.","labels":["Women/girls"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":44,"text":"CERD/C/CHL/CO/22-23, paras. 32 and 33; CERD/C/CZE/CO/12-13, paras. 23 and 24; and CERD/C/POL/CO/22-24, paras. 23 and 24."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","C. Right to health"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0083","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":83,"n":83,"text":"83. Xenophobic attitudes from some health professionals, administrative staff and other health workers have been observed in health centres, which can affect the mental health of migrants and their families.[[fn:45]] The Committees recommend that States Parties adopt guidelines and run ongoing training initiatives for all workers in the health sector, aimed at preventing xenophobia and discrimination. The Committees stress that these guidelines should be implemented as a complementary approach to the guidance developed by the Committee on the Elimination of Racial Discrimination in its general recommendation No. 37 (2024) on equality and freedom from racial discrimination in the enjoyment of the right to health.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":45,"text":"A/73/216, paras. 25, 26 and 60."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","C. Right to health"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0084","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":84,"n":84,"text":"84. In the field of social security policies and access to social security services, narratives that prioritize nationals as the primary rights holders and depict migrants as undeserving of equal treatment have been particularly prevalent. Social protection schemes for people in vulnerable situations, including non-contributory schemes for income support, tend to exclude migrants on the basis of their nationality, migration status or type or length of residence. These discriminatory restrictions not only affect migrants and their families, but also hinder the achievement of the objectives of policies aimed at reducing poverty, social exclusion and inequality and addressing other related issues.","labels":["Persons living in poverty"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","D. Right to social security"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0085","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":85,"n":85,"text":"85. The Committees recommend that States Parties refrain from discriminating on the basis of nationality, migration status or residence with regard to access to social security and social protection programmes. Instead, comprehensive and rights-based communication measures should be taken with the aim of highlighting the positive effects of inclusive social protection policies. States Parties should engage in legal reforms to remove discriminatory regulations concerning access on the basis of nationality, migration status or residence to social security and social protection programmes.[[fn:46]] Measures should be taken with the aim of ensuring that migrants enjoy equal treatment in access to non-contributory social security schemes.[[fn:47]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":46,"text":"CERD/C/CHE/CO/10-12, paras. 25 and 26."},{"n":47,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 19 (2007), paras. 37 and 38."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","D. Right to social security"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0086","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":86,"n":86,"text":"86. Migrant workers face several obstacles, including a lack of legislative and other measures, to enjoyment of social security benefits related to contributory schemes, particularly after leaving the country of destination. States Parties should promote bilateral and multilateral agreements to ensure that migrant workers are able to enjoy social security benefits, including by ensuring the portability of such rights after returning to their country of origin. Operational measures should be put in place to implement such agreements effectively.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","D. Right to social security"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0087","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":87,"n":87,"text":"87. Xenophobia has influenced housing policies and regulations and has resulted in discriminatory attitudes among landlords, leading to restrictions on and obstacles to effective access for migrants to their human right to affordable and adequate housing. Migrants and their families often end up living in precarious conditions that are unequal to those enjoyed by the rest of the community.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","E. Right to housing and policies against residential segregation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0088","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":88,"n":88,"text":"88. States Parties should take measures to remove legal and other restrictions that could hinder access for migrants, without any discrimination, to adequate housing. Specific provisions should be introduced with the aim of preventing xenophobic, racist or other discriminatory practices by landlords and other private actors, which may impede the ability of migrants to become tenants under equal conditions as nationals.[[fn:48]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":48,"text":"CERD/C/LTU/CO/9-10, paras. 23 and 24."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","E. Right to housing and policies against residential segregation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0089","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":89,"n":89,"text":"89. Housing and habitat policies in culturally diverse societies should include comprehensive, intercultural and rights-based programmes designed to prevent and tackle residential segregation. The Committees underline the key role that local governments should play in this regard.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","E. Right to housing and policies against residential segregation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0090","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":90,"n":90,"text":"90. The Committees are concerned that housing arrangements by States or recruitment agencies, including within some programmes on labour migration, lead to the segregation of migrants, including separation by gender and nationality. States Parties should thoroughly assess agreements on labour migration to prevent any form of discrimination regarding migrant workers’ right of access to adequate, decent and affordable housing.[[fn:49]]","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":49,"text":"CERD/C/QAT/CO/22-23, paras. 32 and 33."}],"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","E. Right to housing and policies against residential segregation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0091","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":91,"n":91,"text":"91. Xenophobia has been identified as an obstacle to providing humanitarian assistance and developing a humanitarian narrative in approaching the reception of migrants in vulnerable circumstances and the provision of assistance to them, especially in the context of large-scale movements.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","F. Humanitarian assistance"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0092","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":92,"n":92,"text":"92. States Parties, with international cooperation where necessary, should ensure the timely implementation of programmes to provide humanitarian assistance to migrants arriving in vulnerable circumstances, particularly in cases of large-scale movements. Special attention should be given to the narratives that are built and spread in such complex contexts. Measures should be taken to ensure the progressive inclusion of migrants in social protection and other social policies directed at all members of society, in order to move from a humanitarian approach to a human-development and rights-based perspective intended to promote durable solutions.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","F. Humanitarian assistance"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0093","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":93,"n":93,"text":"93. The Committees are concerned about the different approaches adopted by States Parties on the basis of nationality, ethnicity and related factors. While some migrants fleeing certain countries have automatically been granted protection status and access to humanitarian assistance and the enjoyment of rights, those displaced from other countries but fleeing similar situations have faced securitized responses that focus on migration control. States Parties should refrain from such dual and discriminatory responses to migrants seeking international protection and humanitarian assistance.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","F. Humanitarian assistance"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0094","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":94,"n":94,"text":"94. The Committees affirm that the eradication of xenophobia and intersecting forms of discrimination is a prerequisite for effective achievement of the Sustainable Development Goals. States Parties should take all measures necessary to mainstream policies against xenophobia into all the public policies and action plans aimed at accomplishing the objectives enshrined in the 2030 Agenda for Sustainable Development. State reports on good practices in international and regional processes with regard to the Sustainable Development Goals should include information on the prevention of xenophobia and related discrimination. This information should also be incorporated into the reports to be submitted in the context of other State-led initiatives, such as the Global Compact for Migration and the Global Compact on Refugees.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["IV. Impact of xenophobia on the enjoyment of economic, social and cultural rights","G. Achievement of the Sustainable Development Goals"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0095","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":95,"n":95,"text":"95. Xenophobia and racism have a negative impact on all aspects of the life of migrants and others perceived as such, including at the political level. Promotion of their full inclusion in society should include measures to facilitate their enjoyment of political rights and the various forms of participation in public affairs. Recognition of these rights of migrants is a tool for promoting integration and social cohesion.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0096","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":96,"n":96,"text":"96. One of the several factors that facilitate the spread of xenophobic narratives against migrants, or that may hinder political will to address them, is the fact that in many countries, migrants are not authorized to vote or to be elected, or can do so only in a restricted manner. The Committees recommend that all States Parties take measures to enable migrants to exercise such rights progressively in local and national elections on the basis of length of residence. Specific measures should be taken to include eligible migrants in the electoral register in countries where voting is mandatory. Where it is voluntary, measures should be taken to facilitate and encourage migrant voter registration and participation.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0097","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":97,"n":97,"text":"97. States Parties should promote initiatives aimed at ensuring the participation of migrants’ associations in consultative processes related to the development, implementation and assessment of public policies, not limited to those on migration and related topics. Local policies can play a central role in promoting the participation of migrants, along with the rest of the community, in social, economic, political, cultural and other initiatives.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0098","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":98,"n":98,"text":"98. States Parties should take the measures necessary to guarantee, by law and in practice, the effective exercise by non-nationals of their rights to freedom of expression, assembly and association.[[fn:50]] Such protection should cover participation in social protests and other democratic activities defending their rights, such as those regarding employment conditions or acts of discrimination and racism. States Parties should refrain from prohibiting or persecuting such activities, including through the use of migration law enforcement.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":50,"text":"Ibid., paras. 26 and 27."}],"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0099","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":99,"n":99,"text":"99. The Committees are especially concerned about the intensification of xenophobic and racist treatment of migrants and matters related to migration during election campaigns, by candidates, media actors and other social and political groups.[[fn:51]] These practices include hate speech, incitement to hatred, scapegoating narratives and political proposals or promises aimed at restricting the enjoyment by migrants of their human rights.","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":51,"text":"CERD/C/CZE/CO/12-13, paras. 11 and 12; CERD/C/IRL/CO/5-9, paras. 19 and 20; CERD/C/USA/CO/10-12, paras. 14 and 15; and CMW/C/TUR/CO/2, paras. 25 and 26."}],"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0100","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":100,"n":100,"text":"100. States Parties should implement concrete measures to prevent xenophobic and related rhetoric before, during and after election processes. Authorities responsible for preventing xenophobia and racism, those in charge of supervising elections, and national and local human rights institutions should play a critical and monitoring role in such initiatives. Measures should be taken to encourage media organizations to prevent deceptive narratives, and to refuse to run advertisements or speeches, debates or other materials by candidates that espouse or further xenophobic beliefs. In cases where such content is published, media actors should be urged to highlight the negative consequences of such proposals or narratives.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0101","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":101,"n":101,"text":"The Committees recommend that States Parties take the following measures, directed at political parties, authorities and candidates: (a) Formally commit to putting an end to the instrumentalization of migration, asylum and related matters for political and electoral gain;[[fn:52]] (b) Unambiguously condemn xenophobic narratives in election campaigns;[[fn:53]] (c) Firmly combat xenophobic and racist hate and discriminatory speech by public figures, including politicians and media professionals;[[fn:54]] public authorities should also take measures to distance themselves from political discourse on migration that leads to racial discrimination and ensure that such expressions by politicians are thoroughly investigated and properly sanctioned.[[fn:55]]","labels":[],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"footnotes":[{"n":52,"text":"A/HRC/38/52, para. 65."},{"n":53,"text":"CERD/C/ISR/CO/17-19, paras. 26 and 27."},{"n":54,"text":"CERD/C/ARG/CO/24-26, paras. 18 and 19; CERD/C/AUS/CO/18-20, paras. 13 and 14; and CERD/C/POL/CO/22-24, paras. 15 and 16."},{"n":55,"text":"CERD/C/NLD/CO/22-24, paras. 11 and 12."}],"section":["V. Political rights, participation and integration"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0102","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":102,"n":102,"text":"102. The Committees recommend that all States Parties promote and implement international, regional and bilateral agreements and other initiatives to combat and eradicate xenophobia and its harmful impact on human rights. States Parties should refrain from resorting to bilateral agreements that could contribute to deepening a narrow, prejudiced and securitized approach to migration. Instead, States Parties should negotiate agreements that expand and diversify available pathways for regular migration, as called for in the Global Compact for Migration and by the Committee on Migrant Workers in its general comment No. 6 (2024), ensuring that they are accessible to racialized migrants.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. International cooperation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0103","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":103,"n":103,"text":"103. States Parties should strengthen the role of diplomatic and consular offices in efforts to prevent and eradicate xenophobia in destination countries. Initiatives such as gathering data on victims of xenophobia, and cooperatively engaging with States of transit and destination, could contribute to identifying abuses and enhancing rights-based and genderresponsive solutions.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VI. International cooperation"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0104","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":104,"n":104,"text":"104. The Committees recommend that States Parties include in their periodic reports to all human rights treaty bodies relevant information on the development and effective implementation of policies to combat and eradicate xenophobia. States Parties are encouraged to ensure a comprehensive approach to the preparation of these reports and to their presentation to the Committees for consideration, in particular by involving intersectoral delegations.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VII. Follow-up"]},{"id":"cmw-c-gc-8-cerd-c-gc-39-0105","docId":"cmw-c-gc-8-cerd-c-gc-39","idx":105,"n":105,"text":"105. In accordance with the universal commitments made by Member States through the adoption of the International Convention on the Elimination of All Forms of Racial Discrimination on 21 December 1965 and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families on 18 December 1990, the Committees urge all States that have not yet done so to ratify both Conventions.","labels":["Migrants"],"type":"gc","committee":"CMW","committees":["CMW","CERD"],"year":2025,"section":["VII. Follow-up"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0001","docId":"crc-c-gc-22-cmw-c-gc-3","idx":1,"n":1,"text":"1. The present joint general comment was adopted at the same time as joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return. While that general comment and the present one are stand-alone documents in their own right, the two complement each other and should be read and implemented together. The drafting process included a series of global and regional consultations held between May and July 2017 with representatives of key stakeholders and experts, including children and migrant organizations, in Bangkok, Beirut, Berlin, Dakar, Geneva, Madrid and Mexico City. In addition, the Committees received more than 80 written contributions from States, United Nations agencies and entities, civil society organizations, national human rights institutions and other stakeholders from every region of the world between November 2015 and August 2017.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0002","docId":"crc-c-gc-22-cmw-c-gc-3","idx":2,"n":2,"text":"2. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child contain legally binding obligations that relate both in general and specific terms to the protection of the rights of children in the context of international migration","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0003","docId":"crc-c-gc-22-cmw-c-gc-3","idx":3,"n":3,"text":"3. In the context of international migration, children may be in a situation of double vulnerability as children and as children affected by migration who (a) are migrants themselves, either alone or with their families, (b) were born to migrant parents in countries of destination or (c) remain in their country of origin while one or both parents have migrated to another country. Additional vulnerabilities could relate to their national, ethnic or social origin; gender; sexual orientation or gender identity; religion; disability; migration or residence status; citizenship status; age; economic status; political or other opinion; or other status.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0004","docId":"crc-c-gc-22-cmw-c-gc-3","idx":4,"n":4,"text":"4. By virtue of their complementary mandates and shared commitment to strengthening protection of all children in the context of international migration, both Committees decided to develop these joint general comments. While the present comment is based on the provisions of both Conventions, it is important to underline that the human rights norms clarified herein are built on the provisions and principles of the Convention on the Rights of the Child. Therefore, the authoritative guidance contained in the present joint general comment is equally applicable to all States parties to the Convention on the Rights of the Child and/or the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0005","docId":"crc-c-gc-22-cmw-c-gc-3","idx":5,"n":5,"text":"The present joint general comment builds on the increasing attention that both Committees have given to the rights of children in the context of international migration through a number of initiatives, including: (a)Committee on the Rights of the Child general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, which includes a set of recommendations specifically for those migrant children outside their country of origin who are unaccompanied and separated; (b)A day of general discussion held in Geneva in September 2012 by the Committee on the Rights of the Child, on the rights of all children in the context of international migration, for which the Committee drafted a background paper and adopted a report, with conclusions and recommendations;[[fn:1]] (c)The endorsement in 2016 by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families of the recommended principles to guide actions concerning children on the move and other children affected by migration.[[fn:2]] In addition, both Committees are members of the Inter-Agency Working Group to End Child Immigration Detention; (d)The increasing number of recommendations made by both Committees in recent years to States parties to their respective Conventions on a variety of human rights issues that affect children’s rights in the context of international migration.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":1,"text":"See www.ohchr.org/EN/HRBodies/CRC/Pages/Discussion2012.aspx."},{"n":2,"text":"Available from www.ohchr.org/Documents/HRBodies/CMW/Recommended-principle_EN.pdf."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0006","docId":"crc-c-gc-22-cmw-c-gc-3","idx":6,"n":6,"text":"The present joint general comment also builds on other United Nations resolutions and reports, various outputs of the United Nations human rights mechanisms and United Nations, intergovernmental and civil society initiatives relating to children in the context of international migration, including: (a)The statement by the Committee on Economic, Social and Cultural Rights on the duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights (E/C.12/2017/1), in which the Committee recalled in particular that “protection from discrimination cannot be made conditional upon an individual having a regular status in the host country”, and also recalled that “all children within a State, including those with an undocumented status, had a right to receive education and access to adequate food and affordable health care”; (b)The New York Declaration for Refugees and Migrants, in which the Heads of State and Government undertook to protect the human rights and fundamental freedoms of all refugee and migrant children, regardless of their status, and giving primary consideration at all times to the best interests of the child, and to comply with their obligations under the Convention on the Rights of the Child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":3,"text":"General Assembly resolution 71/1, para. 32."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0007","docId":"crc-c-gc-22-cmw-c-gc-3","idx":7,"n":7,"text":"7. The objective of the present joint general comment is to provide authoritative guidance on legislative, policy and other appropriate measures that should be taken to ensure full compliance with the obligations under the Conventions to fully protect the rights of children in the context of international migration.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction","B. Objective and scope of the joint general comment"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0008","docId":"crc-c-gc-22-cmw-c-gc-3","idx":8,"n":8,"text":"8. The Committees acknowledge that the phenomenon of international migration affects all regions of the world and all societies and, increasingly, millions of children. While migration can bring positive outcomes to individuals, families and broader communities in countries of origin, transit, destination and return, the drivers of migration, in particular unsafe and/or irregular migration, are often directly related to violations of human rights, including the rights of the child as recognized in several human rights treaties, in particular the Convention on the Rights of the Child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction","B. Objective and scope of the joint general comment"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0009","docId":"crc-c-gc-22-cmw-c-gc-3","idx":9,"n":9,"text":"9. The present joint general comment addresses the human rights of all children in the context of international migration, whether they have migrated with their parents or primary caregivers, are unaccompanied or separated, have returned to their country of origin, were born to migrant parents in countries of transit or destination, or remained in their country of origin while one or both parents migrated to another country, and regardless of their or their parents’ migration or residence status (migration status). The non-discrimination principle of the Convention on the Rights of the Child obliges States parties to respect and ensure the rights set forth in the Convention to all children, whether they are considered, inter alia, migrants in regular or irregular situations, asylum seekers, refugees, stateless and/or victims of trafficking, including in situations of return or deportation to the country of origin, irrespective of the child’s or the parents’ or legal guardians’ nationality, migration status or statelessness.[[fn:4]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":4,"text":"See Committee on the Rights of the Child, general comment No. 6, para. 12."}],"section":["I. Introduction","B. Objective and scope of the joint general comment"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0010","docId":"crc-c-gc-22-cmw-c-gc-3","idx":10,"n":10,"text":"10. The present joint general comment should be read in conjunction with other relevant general comments issued by the Committees; building upon those general comments and the evolving challenges children face in the context of international migration, it should also be read as authoritative guidance from the Committees as regards the rights of children in the context of international migration.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction","B. Objective and scope of the joint general comment"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0011","docId":"crc-c-gc-22-cmw-c-gc-3","idx":11,"n":11,"text":"11. States should ensure that children in the context of international migration are treated first and foremost as children. States parties to the Conventions have a duty to comply with their obligations set out therein to respect, protect and fulfil the rights of children in the context of international migration, regardless of their or their parents’ or legal guardians’ migration status.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0012","docId":"crc-c-gc-22-cmw-c-gc-3","idx":12,"n":12,"text":"12. The obligations of States parties under the Conventions apply to each child within their jurisdictions, including the jurisdiction arising from a State exercising effective control outside its borders. Those obligations cannot be arbitrarily and unilaterally curtailed either by excluding zones or areas from the territory of a State or by defining particular zones or areas as not or only partly under the jurisdiction of the State, including in international waters or other transit zones where States put in place migration control mechanisms. The obligations apply within the borders of the State, including with respect to those children who come under its jurisdiction while attempting to enter its territory.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0013","docId":"crc-c-gc-22-cmw-c-gc-3","idx":13,"n":13,"text":"13. The Committees stress the primacy of the rights of the child in the context of international migration and therefore the need for the Conventions to be integrated by States into migration-related frameworks, policies, practices and/or other measures.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0014","docId":"crc-c-gc-22-cmw-c-gc-3","idx":14,"n":14,"text":"14. The Committees encourage States parties to ensure that the authorities responsible for children’s rights have a leading role, with clear decision-making power, on policies, practices and decisions that affect the rights of children in the context of international migration. Comprehensive child protection systems at the national and local levels should mainstream into their programmes the situation of all children in the context of international migration, including in countries of origin, transit, destination and return. In addition to the mandates of child protection bodies, authorities responsible for migration and other related policies that affect children’s rights should also systematically assess and address the impacts on and needs of children in the context of international migration at every stage of policymaking and implementation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0015","docId":"crc-c-gc-22-cmw-c-gc-3","idx":15,"n":15,"text":"15. States parties should develop policies aimed at fulfilling the rights of all children in the context of international migration, in particular regarding migration management objectives or other administrative or political considerations.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0016","docId":"crc-c-gc-22-cmw-c-gc-3","idx":16,"n":16,"text":"16. States parties should develop a systematic rights-based policy on the collection and public dissemination of qualitative and quantitative data on all children in the context of international migration in order to inform a comprehensive policy aimed at the protection of their rights. Such data should be disaggregated by nationality, migration status, gender, age, ethnicity, disability and all other relevant statuses to monitor intersectional discrimination. The Committees stress the importance of developing indicators to measure the implementation of the rights of all children in the context of international migration, including through a human rights-based approach to data collection and analysis on the causes of unsafe migration of children and/or families. Such information should be available for all stakeholders, including children, in full respect of privacy rights and data protection standards. Civil society organizations and other concerned actors should be able to participate in the process of collecting and evaluating data.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0017","docId":"crc-c-gc-22-cmw-c-gc-3","idx":17,"n":17,"text":"17. Children’s personal data, in particular biometric data, should only be used for child protection purposes, with strict enforcement of appropriate rules on collection, use and retention of, and access to, data. The Committees urge due diligence regarding safeguards in the development and implementation of data systems, and in the sharing of data between authorities and/or countries. States parties should implement a “firewall” and prohibit the sharing and use for immigration enforcement of the personal data collected for other purposes, such as protection, remedy, civil registration and access to services. This is necessary to uphold data protection principles and protect the rights of the child, as stipulated in the Convention on the Rights of the Child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0018","docId":"crc-c-gc-22-cmw-c-gc-3","idx":18,"n":18,"text":"18. The Committees are of the opinion that, in order to fulfil the rights of all children in the context of international migration, the following elements should be part of the policies and practices to be developed and implemented: (a) comprehensive, inter-institutional policies between child protection and welfare authorities and other key bodies, including on social protection, health, education, justice, migration and gender, and between regional, national and local governments; (b) adequate resources, including budgetary, aimed at ensuring effective implementation of policies and programmes; and (c) continuous and periodic training of child protection, migration and related officials on the rights of children, migrants and refugees and on statelessness, including intersectional discrimination.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. General measures of implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child for the protection of children in the context of international migration"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0019","docId":"crc-c-gc-22-cmw-c-gc-3","idx":19,"n":19,"text":"19. States parties to the Convention on the Rights of the Child have a duty to ensure that the principles and provisions therein are fully reflected and given legal effect in relevant domestic legislation, policies and practices (art. 4). In all actions concerning children, States should be guided by the overarching principles of non-discrimination (art. 2); the best interests of the child (art. 3); the right to life, survival and development (art. 6); and the right of the child to express his or her views in all matters affecting him or her, and to have those views taken into account (art. 12). States should adopt measures, including legislative and other policy tools, aimed at ensuring that those principles are upheld in practice and brought into the mainstream of all policies affecting children in the context of international migration, and in the interpretation and analysis of the specific obligations as clarified in joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration"],"citedArticles":[{"article":"4","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns art 4 to 'the Convention on the Rights of the Child'."},{"article":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns art 2 (non-discrimination principle) to CRC in parenthetical reference '(art. 2)'."},{"article":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns art 3 (best interests) to CRC in parenthetical reference '(art. 3)'."},{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns art 6 (right to life) to CRC in parenthetical reference '(art. 6)'."},{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns art 12 to CRC in parenthetical reference '(art. 12)'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0020","docId":"crc-c-gc-22-cmw-c-gc-3","idx":20,"n":20,"text":"20. The Committees reaffirm the application of articles 41 of the Convention on the Rights of the Child and 81 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and reiterate that the provisions in domestic and international legislation that are the most conducive to the realization of the rights of all children in the context of international migration shall apply in cases where standards differ. Furthermore, a dynamic interpretation of the Conventions based on a child-centred approach is necessary to ensure their effective implementation and the respect, protection and fulfilment of the rights of all children in the context of the increasing number of challenges that migration poses for children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration"],"citedArticles":[{"article":"41","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 41 of the Convention on the Rights of the Child'."},{"article":"1","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading explicitly assigns art 1 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"7","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading explicitly assigns art 7 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Section heading explicitly assigns art 2 to 'the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0021","docId":"crc-c-gc-22-cmw-c-gc-3","idx":21,"n":21,"text":"21. The principle of non-discrimination is fundamental and, in all its facets, applies with respect to children in the context of international migration.[[fn:5]] All children involved in or affected by international migration are entitled to the enjoyment of their rights, regardless of the children’s or their parents’, legal guardians’ or family members’ age, gender, gender identity or sexual orientation, ethnic or national origin, disability, religion, economic status, migration/documentation status, statelessness, race, colour, marital or family status, health status or other social conditions, activities, expressed opinions, or beliefs. This principle is fully applicable to every child and his or her parents, regardless of the reason for moving, whether the child is accompanied or unaccompanied, on the move or otherwise settled, documented or undocumented or with any other status.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":5,"text":"See Committee on the Rights of the Child, general comment No. 6, para. 18."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0022","docId":"crc-c-gc-22-cmw-c-gc-3","idx":22,"n":22,"text":"22. The principle of non-discrimination shall be at the centre of all migration policies and procedures, including border control measures, and regardless of the migration status of children or their parents. Any differential treatment of migrants shall be lawful and proportionate, in pursuit of a legitimate aim and in line with the child’s best interests and international human rights norms and standards. Similarly, States parties should ensure that migrant children and their families are integrated into receiving societies through the effective realization of their human rights and access to services in an equal manner with nationals.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0023","docId":"crc-c-gc-22-cmw-c-gc-3","idx":23,"n":23,"text":"23. The Committees recommend that States parties adopt adequate measures to combat discrimination on any grounds and to protect children from multiple and intersecting forms of discrimination, throughout the migration process, including in and after returning to the country of origin, and/or as a result of their migration status. In order to achieve such a goal, States parties should strengthen efforts to combat xenophobia, racism and discrimination and take all appropriate measures to combat such attitudes and practices, and to collect and disseminate accurate, reliable and updated data and information in that regard. States should also promote the social inclusion and full integration of families affected by international migration into the host society and implement programmes for improving knowledge about migration and addressing any negative perceptions regarding migrants, with the aim of protecting children affected by international migration and their families from violence, discrimination, harassment and bullying, and fulfilling their access to rights enshrined in the Conventions and other conventions ratified by each State.[[fn:6]] In doing so, special attention should be paid to gender-specific and any other challenges and vulnerabilities that may intersect.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":6,"text":"Ibid., para. 70."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0024","docId":"crc-c-gc-22-cmw-c-gc-3","idx":24,"n":24,"text":"24. States parties should conduct a robust gender analysis of the specific impacts of migration policies and programmes on children of all genders. States parties should review and amend any gender-discriminatory restrictions on migration in law or practice that limit opportunities for girls or that do not recognize their capacity and autonomy to make their own decisions.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0025","docId":"crc-c-gc-22-cmw-c-gc-3","idx":25,"n":25,"text":"25. The Committees recommend that the States parties put special emphasis on the policies and related regulations about the prevention of discriminatory practices towards migrant and refugee children with disabilities and the implementation of necessary policies and programmes for ensuring the full enjoyment of all human rights and fundamental freedoms of migrant and refugee children with disabilities on an equal basis with children who are nationals of the States, and taking into consideration the provisions enshrined in the Convention on the Rights of Persons with Disabilities.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0026","docId":"crc-c-gc-22-cmw-c-gc-3","idx":26,"n":26,"text":"26. The Committees are of the view that addressing only de jure discrimination will not necessarily ensure de facto equality. Therefore, States parties shall fulfil the rights under the Conventions for children in the context of international migration by adopting positive measures to prevent, diminish and eliminate the conditions and attitudes that cause or perpetuate de facto discrimination against them. They should systematically record incidences of discrimination against children and/or their families in the context of international migration, and investigate and sanction such conduct appropriately and effectively.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","A. Non-discrimination (articles 1 and 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 2 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0027","docId":"crc-c-gc-22-cmw-c-gc-3","idx":27,"n":27,"text":"27. Article 3 (1) of the Convention on the Rights of the Child places an obligation on both the public and the private spheres, courts of law, administrative authorities and legislative bodies to ensure that the best interests of the child are assessed and taken as a primary consideration in all actions affecting children. As the Committee on the Rights of the Child has stated in paragraph 6 of its general comment No. 14, the right of the child to have his or her best interests taken into account as a primary consideration is a substantive right, an interpretative legal principle and a rule of procedure, and it applies to children both as individuals and as a group. In that general comment, which has since been considered as the key guidance for States parties on this issue, the Committee also elaborates on the implementation of the principle of the best interests of the child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"3","paragraph":"1","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'Article 3 (1) of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0028","docId":"crc-c-gc-22-cmw-c-gc-3","idx":28,"n":28,"text":"28. Recognizing that the best interests of the child — once assessed and determined — might conflict with other interests or rights (e.g. of other children, the public and parents) and that potential conflicts have to be resolved on a case-by-case basis, carefully balancing the interests of all parties and finding a suitable compromise, the Committee stresses in paragraph 39 of its general comment No. 14 that the right of the child to have his or her best interests taken as a primary consideration means that the child’s interests have high priority and are not just one of several considerations. Therefore, a larger weight must be attached to what serves the child best. It further states in paragraph 82 that the purpose of assessing and determining the best interests of the child is to ensure the full and effective enjoyment of the rights recognized in the Convention on the Rights of the Child, and the holistic development of the child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0029","docId":"crc-c-gc-22-cmw-c-gc-3","idx":29,"n":29,"text":"29. States parties shall ensure that the best interests of the child are taken fully into consideration in immigration law, planning, implementation and assessment of migration policies and decision-making on individual cases, including in granting or refusing applications on entry to or residence in a country, decisions regarding migration enforcement and restrictions on access to social rights by children and/or their parents or legal guardians, and decisions regarding family unity and child custody, where the best interests of the child shall be a primary consideration and thus have high priority.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0030","docId":"crc-c-gc-22-cmw-c-gc-3","idx":30,"n":30,"text":"30. In particular, the best interests of the child should be ensured explicitly through individual procedures as an integral part of any administrative or judicial decision concerning the entry, residence or return of a child, placement or care of a child, or the detention or expulsion of a parent associated with his or her own migration status.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0031","docId":"crc-c-gc-22-cmw-c-gc-3","idx":31,"n":31,"text":"31. In order to implement the best interests principle in migration-related procedures or decisions that could affect children, the Committees stress the need to conduct systematically best-interests assessments and determination procedures as part of, or to inform, migration-related and other decisions that affect migrant children. As the Committee on the Rights of the Child explains in its general comment No. 14, the child’s best interests should be assessed and determined when a decision is to be made. A “best-interests assessment” involves evaluating and balancing all the elements necessary to make a decision in the specific situation for a specific individual child or group of children. A “best-interests determination” is a formal process with strict procedural safeguards designed to determine the child’s best interests on the basis of the best-interests assessment. In addition, assessing the child’s best interests is a unique activity that should be undertaken in each individual case and in the light of the specific circumstances of each child or group of children, including age, sex, level of maturity, whether the child or children belong to a minority group and the social and cultural context in which the child or children find themselves.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0032","docId":"crc-c-gc-22-cmw-c-gc-3","idx":32,"n":32,"text":"The Committees stress that States parties should: (a)Give high priority to the child’s best interests in their legislation, policy and practice; (b)Ensure that the principle of the best interests of the child is appropriately integrated, consistently interpreted and applied through robust, individualized procedures in all legislative, administrative and judicial proceedings and decisions, and in all migration policies and programmes that are relevant to and have an impact on children, including consular protection policies and services. Adequate resources should be put in place in order to ensure this principle is applied in practice; (c)Ensure that all best-interests assessments and determinations developed and conducted give appropriate weight to fulfilling the rights of the child — in the short and long terms — in the decision-making processes affecting children; and ensure due process safeguards are established, including the right to free, qualified and independent legal representation. The best-interests assessment should be carried out by actors independent of the migration authorities in a multidisciplinary way, including a meaningful participation of authorities responsible for child protection and welfare and other relevant actors, such as parents, guardians and legal representatives, as well as the child; (d)Develop procedures and define criteria to provide guidance to all relevant persons involved with migration procedures on determining the best interests of the child and on giving them due weight as a primary consideration, including in entry, residence, resettlement and return procedures, and develop mechanisms aimed at monitoring its proper implementation in practice; (e)Assess and determine the best interests of the child at the different stages of migration and asylum procedures that could result in the detention or deportation of the parents due to their migration status.[[fn:7]] Best-interests determination procedures should be put in place in any decision that would separate children from their family, and the same standards applied in child custody, when the best interests of the child should be a primary consideration. In adoption cases, the best interests of the child shall be the paramount consideration; (f)Conduct a best-interests assessment on a case-by-case basis in order to decide, if needed, and in accordance with the Guidelines for the Alternative Care of Children,[[fn:8]] the type of accommodation that would be most appropriate for an unaccompanied or separated child, or children with parents. In that process, community-based care solutions should be prioritized. Any measure that constrains children’s liberty in order to protect them, e.g. placement in secure accommodation, should be implemented within the child protection system with the same standards and safeguards; be strictly necessary, legitimate and proportionate to the aim of protecting the individual child from harming him or herself or others; be part of a holistic care plan; and be disconnected from migration-enforcement policies, practices and authorities; (g)Conduct a best-interests determination in cases that could lead to the expulsion of migrant families due to their migration status, in order to evaluate the impact of deportation on children’s rights and development, including their mental health; (h)Ensure that children are identified promptly in border controls and other migration-control procedures within the State’s jurisdiction, and that anyone claiming to be a child is treated as such, promptly referred to child protection authorities and other relevant services, and appointed a guardian, if unaccompanied or separated; (i)Provide guidance to all relevant authorities on the operationalization of the principle of the best interests of the child for migrant children, including children in transit, and develop mechanisms aimed at monitoring its proper implementation in practice; (j)Develop and put into practice, with regard to unaccompanied children and children with families, a best-interests determination procedure aimed at identifying and applying comprehensive, secure and sustainable solutions,[[fn:9]] including further integration and settlement in the country of current residence, repatriation to the country of origin or resettlement in a third country. Such solutions may include medium-term options and ensuring that there are possibilities for children and families to gain access to secure residence status in the best interests of the child. Best-interest determination procedures should be guided by child protection authorities within child protection systems. Possible solutions and plans should be discussed and developed together with the child, in a child-friendly and sensitive manner, in accordance with Committee on the Rights of the Child general comment No. 12 (2009) on the right of the child to be heard; (k)If determined that it is in the best interests of the child to be returned, an individual plan should be prepared, together with the child where possible, for his or her sustainable reintegration. The Committees stress that countries of origin, transit, destination and return should develop comprehensive frameworks with dedicated resources for the implementation of policies and comprehensive inter-institutional coordination mechanisms. Such frameworks should ensure, in cases of children returning to their countries of origin or third countries, their effective reintegration through a rights-based approach, including immediate protection measures and long-term solutions, in particular effective access to education, health, psychosocial support, family life, social inclusion, access to justice and protection from all forms of violence. In all such situations, a quality rights-based follow-up by all involved authorities, including independent monitoring and evaluation, should be ensured. The Committees highlight that return and reintegration measures should be sustainable from the perspective of the child’s right to life, survival and development.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":7,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion on the rights of all children in the context of international migration, paras. 73-74. Available from www.ohchr.org/Documents/HRBodies/CRC/Discussions/2012/DGD2012ReportAndRecommendations.pdf."},{"n":8,"text":"General Assembly resolution 64/142, annex."},{"n":9,"text":"A comprehensive, secure and sustainable solution is one that, to the greatest extent possible, caters to the long-term best interests and welfare of the child and is sustainable and secure from that perspective. The outcome should aim to ensure that the child is able to develop into adulthood, in an environment that will meet his or her needs and fulfil his or her rights as defined by the Convention on the Rights of the Child."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0033","docId":"crc-c-gc-22-cmw-c-gc-3","idx":33,"n":33,"text":"33. States parties are obliged, in line with article 3 of the Convention on the Rights of the Child, to ensure that any decision to return a child to his or her country of origin is based on evidentiary considerations on a case-by-case basis and pursuant to a procedure with appropriate due process safeguards, including a robust individual assessment and determination of the best-interests of the child. This procedure should ensure, inter alia, that the child, upon return, will be safe and provided with proper care and enjoyment of rights. Considerations such as those relating to general migration control cannot override best-interests considerations. The Committees stress that return is only one of the various sustainable solutions for unaccompanied and separated children and children with their families. Other solutions include integration in countries of residence — either temporarily or permanently — according to each child’s circumstances, resettlement in a third country, e.g. based on family reunification grounds, or other solutions that could be identified on a case-by-case basis, by referring to existing cooperation mechanisms, such as the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","B. Best interests of the child (article 3 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 3 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0034","docId":"crc-c-gc-22-cmw-c-gc-3","idx":34,"n":34,"text":"34. Article 12 of the Convention on the Rights of the Child underscores the importance of children’s participation, providing for children to express their views freely and to have those views taken into account with due weight, according to age, maturity and the evolving capacity of the child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'Article 12 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0035","docId":"crc-c-gc-22-cmw-c-gc-3","idx":35,"n":35,"text":"35. The Committee on the Rights of the Child, in its general comment No. 12, underlines that adequate measures to guarantee the right to be heard should be implemented in the context of international migration, as children who come to a country could be in a particularly vulnerable and disadvantaged situation.[[fn:10]] For that reason, it is critical to implement fully their right to express their views on all aspects affecting their lives, including as an integral part of immigration and asylum proceedings, and for their views to be given due weight. Children may have their own migration projects and migration-driving factors, and policies and decisions cannot be effective or appropriate without their participation. The Committee also emphasizes that these children should be provided with all relevant information, inter alia, on their rights, the services available, means of communication, complaints mechanisms, the immigration and asylum processes and their outcomes. Information should be provided in the child’s own language in a timely manner, in a child-sensitive and age-appropriate manner, in order to make their voice heard and to be given due weight in the proceedings.[[fn:11]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":10,"text":"See Committee on the Rights of the Child, general comment No. 12, para. 123."},{"n":11,"text":"Ibid., para. 124."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0036","docId":"crc-c-gc-22-cmw-c-gc-3","idx":36,"n":36,"text":"36. States parties should appoint a qualified legal representative for all children, including those with parental care, and a trained guardian for unaccompanied and separated children, as soon as possible on arrival, free of charge.[[fn:12]] Accessible complaints mechanisms for children should be ensured. Throughout the process, children should be offered the possibility to be provided with a translator in order that they may express themselves fully in their native language and/or receive support from someone familiar with the child’s ethnic, religious and cultural background. These professionals should be trained on the specific needs of children in the context of international migration, including gender, cultural, religious and other intersecting aspects.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":12,"text":"Ibid., paras. 123-124."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0037","docId":"crc-c-gc-22-cmw-c-gc-3","idx":37,"n":37,"text":"37. States parties should take all measures appropriate to fully promote and facilitate the participation of children, including providing them with the opportunity to be heard in any administrative or judicial proceeding related to their or their families’ cases, including any decision on care, shelter or migration status. Children should be heard independently of their parents, and their individual circumstances should be included in the consideration of the family’s cases. Specific best-interests assessments should be carried out in those procedures, and the child’s specific reasons for the migration should be taken into account. Regarding the significant relationship between the right to be heard and the best interests of the child, the Committee on the Rights of the Child has already stated that there can be no correct application of article 3 if the components of article 12 are not respected. Likewise, article 3 reinforces the functionality of article 12, facilitating the essential role of children in all decisions affecting their lives.[[fn:13]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":13,"text":"Ibid., para. 74."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text references 'article 3' alongside 'article 12' of the CRC in its discussion of best interests and the right to be heard."},{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text references 'article 12' components and CRC Committee guidance; no other treaty in scope."},{"article":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second reference to art 3 in the same paragraph confirming relationship with art 12, both CRC."},{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second reference to art 12 in the same paragraph; text only discusses CRC articles throughout."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0038","docId":"crc-c-gc-22-cmw-c-gc-3","idx":38,"n":38,"text":"38. States parties should take all appropriate measures aimed at ensuring children’s right to be heard in the immigration procedures concerning their parents, in particular where the decision could affect the children’s rights, such as the right to not be separated from their parents, except when such separation is in their best interests (see art. 9 of the Convention on the Rights of the Child).","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"9","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names '(see art. 9 of the Convention on the Rights of the Child)' for the right not to be separated from parents."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0039","docId":"crc-c-gc-22-cmw-c-gc-3","idx":39,"n":39,"text":"39. States parties should adopt measures directed at facilitating the participation of all children in the context of international migration in the design, implementation, monitoring and evaluation of policies that could directly or indirectly affect them, as individuals or a group, including in the fields of social policies and social services. Initiatives should be taken to prepare girls and transgender children to participate actively, effectively and equally with boys at all levels of social, economic, political and cultural leadership. In countries of origin, the participation of children is paramount in developing policies on and in processes aimed at addressing drivers of the migration of children and/or their parents and developing policies in that regard. In addition, States should adopt measures aimed at empowering children affected by international migration to participate on different levels, through consultations, collaborations and child-led initiatives, and at ensuring that civil society organizations, including children associations and child-led organizations, can participate effectively in policy dialogues and processes on children in the context of international migration, at the local, national, regional and international levels. Any limitations on children’s freedom of association, including through legally establishing associations, should be removed.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","C. Right to be heard, express his or her views and participation (artilce 12 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"9","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading at end of text explicitly assigns art 9 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Section heading at end of text explicitly assigns art 6 to 'the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0040","docId":"crc-c-gc-22-cmw-c-gc-3","idx":40,"n":40,"text":"40. Article 6 of the Convention on the Rights of the Child highlights the States parties’ obligations to ensure the right of life, survival and development of the child, including the physical, mental, moral, spiritual and social dimensions of his or her development.[[fn:14]] At any point during the migratory process, a child’s right to life and survival may be at stake owing to, inter alia, violence as a result of organized crime, violence in camps, push-back or interception operations, excessive use of force of border authorities, refusal of vessels to rescue them, or extreme conditions of travel and limited access to basic services. Unaccompanied and separated children may face further vulnerabilities and can be more exposed to risks, such as gender-based, sexual and other forms of violence and trafficking for sexual or labour exploitation. Children travelling with their families often also witness and experience violence. While migration can provide opportunities to improve living conditions and escape from abuses, migration processes can pose risks, including physical harm, psychological trauma, marginalization, discrimination, xenophobia and sexual and economic exploitation, family separation, immigration raids and detention.[[fn:15]] At the same time, the obstacles children may face in gaining access to education, adequate housing, sufficient safe food and water or health services can negatively affect the physical, mental, spiritual, moral and social development of migrant children and children of migrants.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":14,"text":"See Committee on the Rights of the Child, general comment No. 5 (2003) on general measures of implementation of the Convention, para. 12."},{"n":15,"text":"See Committee on the Rights of the Child, general comment No. 20 (2016) on the implementation of the rights of the child during adolescence, para. 76."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","D. Right to life, survival and development (article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 6 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'Article 6 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0041","docId":"crc-c-gc-22-cmw-c-gc-3","idx":41,"n":41,"text":"41. The Committees acknowledge that the lack of regular and safe channels for children and families to migrate contribute to children taking life-threatening and extremely dangerous migration journeys. The same is true for border control and surveillance measures that focus on repression rather than facilitating, regulating and governing mobility, including detention and deportation practices, lack of timely family reunification opportunities and lack of avenues for regularization.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","D. Right to life, survival and development (article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 6 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0042","docId":"crc-c-gc-22-cmw-c-gc-3","idx":42,"n":42,"text":"42. In the view of the Committees, the obligation of States parties under article 6 of the Convention on the Rights of the Child and article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families include the prevention and reduction — to the maximum extent possible — of migration-related risks faced by children, which may jeopardize a child’s right to life, survival and development. States, especially those of transit and destination, should devote special attention to the protection of undocumented children, whether unaccompanied and separated or with families, and to the protection of asylum-seeking children, stateless children and child victims of transnational organized crime, including trafficking, sale of children, commercial sexual exploitation of children and child marriage. States should also consider the specific vulnerable circumstances that could face migrant children on the basis of their gender and other factors, such as poverty, ethnicity, disability, religion, sexual orientation, gender identity or others, that may aggravate the child’s vulnerability to sexual abuse, exploitation, violence, among other human rights abuses, throughout the entire migratory process. Specific policies and measures, including access to child-friendly, gender-sensitive and safe judicial and non-judicial remedies, should be put in place in order to fully protect and assist such children, aiming to facilitate their ability to resume their lives with their rights as children fully respected, protected and fulfilled.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","D. Right to life, survival and development (article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 6 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 6 of the Convention on the Rights of the Child'."},{"article":"9","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0043","docId":"crc-c-gc-22-cmw-c-gc-3","idx":43,"n":43,"text":"43. The Committees underline the interrelation between articles 2, 6 and 27 (1) of the Convention on the Rights of the Child; States parties should ensure that children in the context of international migration, regardless of their status or that of their parents, have a standard of living adequate for their physical, mental, spiritual and moral development.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","D. Right to life, survival and development (article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 6 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 6 and 27 (1)' to 'the Convention on the Rights of the Child'."},{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 6 and 27 (1)' to 'the Convention on the Rights of the Child'."},{"article":"27","paragraph":"1","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 6 and 27 (1)' to 'the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0044","docId":"crc-c-gc-22-cmw-c-gc-3","idx":44,"n":44,"text":"44. The Committees are concerned that policies or practices that deny or restrict basic rights, including labour rights and other social rights, to adult migrants owing to their nationality, statelessness, ethnic origin or migration status may directly or indirectly affect children’s right to life, survival and development. Such policies would also obstruct the design of comprehensive migration policies and the efforts made to bring migration into the mainstream of development policies. Therefore, in line with article 18 of the Convention on the Rights of the Child, States parties should ensure that children’s development, and their best interests, are taken fully into account when it comes to policies and decisions aimed at regulating their parents’ access to social rights, regardless of their migration status. Similarly, children’s right to development, and their best interests, should be taken into consideration when States address, in general or individually, the situation of migrants residing irregularly, including through the implementation of regularization mechanisms as a means to promote integration and prevent exploitation and marginalization of migrant children and their families.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","D. Right to life, survival and development (article 9 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 6 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 18 of the Convention on the Rights of the Child'."},{"article":"9","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 9, 10 and 22 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"10","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 9, 10 and 22 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"22","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 9, 10 and 22 to 'the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 6, 22 and 37 to 'the Convention on the Rights of the Child'."},{"article":"22","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 6, 22 and 37 to 'the Convention on the Rights of the Child'."},{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Section heading at end explicitly assigns arts 6, 22 and 37 to 'the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0045","docId":"crc-c-gc-22-cmw-c-gc-3","idx":45,"n":45,"text":"45. States parties should respect non-refoulement obligations deriving from international human rights, humanitarian, refugee and customary international law.[[fn:16]] The Committees highlight that the principle of non-refoulement has been interpreted by international human rights bodies, regional human rights courts and national courts to be an implicit guarantee flowing from the obligations to respect, protect and fulfil human rights. It prohibits States from removing individuals, regardless of migration, nationality, asylum or other status, from their jurisdiction when they would be at risk of irreparable harm upon return, including persecution, torture, gross violations of human rights or other irreparable harm.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":16,"text":"Article 33 of the 1951 Convention relating to the Status of Refugees, article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and article 16 of the International Convention for the Protection of All Persons from Enforced Disappearance."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","E. Non-refoulement, prohibition of collective expulsion (articles 9, 10 and 22 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 6, 22 and 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0046","docId":"crc-c-gc-22-cmw-c-gc-3","idx":46,"n":46,"text":"46. The Committees are concerned that some States parties choose to recognize a narrow definition of the non-refoulement principle. The Committees have already pointed out[[fn:17]] that States shall not reject a child at a border or return him or her to a country where there are substantial grounds for believing that he or she is at real risk of irreparable harm, such as, but by no means limited to, those contemplated under articles 6 (1) and 37 of the Convention on the Rights of the Child, either in the country to which removal is to be effected or in any country to which the child may subsequently be removed. Such non-refoulement obligations apply irrespective of whether serious violations of those rights guaranteed under the Convention originate from non-State actors or whether such violations are directly intended or are the indirect consequence of States parties’ action or inaction.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":17,"text":"See Committee on the Rights of the Child, general comment No. 6, para. 27, and Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, para. 50."}],"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","E. Non-refoulement, prohibition of collective expulsion (articles 9, 10 and 22 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 6, 22 and 37 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"6","paragraph":"1","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 6 (1) and 37 of the Convention on the Rights of the Child'."},{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 6 (1) and 37 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0047","docId":"crc-c-gc-22-cmw-c-gc-3","idx":47,"n":47,"text":"47. The Committees recall that article 22 (1) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and other international and regional human rights instruments forbid collective expulsions and require that each case that could eventually become an expulsion be examined and decided individually, ensuring the effective fulfilment of all the due process guarantees and the right to access to justice. States parties should adopt all measures necessary in order to prevent collective expulsions of migrant children and families.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. Fundamental principles of the Conventions with regard to the rights of children in the context of international migration","E. Non-refoulement, prohibition of collective expulsion (articles 9, 10 and 22 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 6, 22 and 37 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"22","paragraph":"1","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'the International Convention on the Protection of the Rights of All Migrant Workers' and the article number matches; CMW art. 22 prohibits collective expulsions."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0048","docId":"crc-c-gc-22-cmw-c-gc-3","idx":48,"n":48,"text":"48. The Committees stress that a comprehensive interpretation of the Conventions should lead States parties to develop bilateral, regional and global cooperation in order to ensure the rights of all children in the context of international migration, taking into consideration the guidance developed in the present joint general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. International cooperation"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0049","docId":"crc-c-gc-22-cmw-c-gc-3","idx":49,"n":49,"text":"49. The Committees recognize the importance of coordinating efforts among countries of origin, transit, destination and return, and their roles and responsibilities in addressing the needs of children in the context of international migration and in safeguarding their rights, with the best interests of the child being a primary consideration.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. International cooperation"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0050","docId":"crc-c-gc-22-cmw-c-gc-3","idx":50,"n":50,"text":"50. The Committees reaffirm that, in all international, regional or bilateral cooperation agreements on border management and migration governance, the impacts of such initiatives on children’s rights should be duly considered and adaptations made as necessary to uphold the rights of the child. The Committees are concerned by the increase in bilateral or multilateral cooperation agreements that focus on restricting migration, which have demonstrably negative impacts on children’s rights, and instead urge cooperation that facilitates safe, orderly and regular migration with full respect for human rights.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. International cooperation"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0051","docId":"crc-c-gc-22-cmw-c-gc-3","idx":51,"n":51,"text":"51. States parties should also avail themselves of technical cooperation from the international community, including from the United Nations agencies and entities and regional organizations for the implementation of migration policies in respect of children in line with the present joint general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. International cooperation"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0052","docId":"crc-c-gc-22-cmw-c-gc-3","idx":52,"n":52,"text":"52. States parties should disseminate widely the present joint general comment to all stakeholders, in particular parliaments, governmental authorities, including child protection and migration authorities and personnel, and the judiciary, at all national, regional and local levels. It should be made known to all children and all relevant professionals and stakeholders, including those working for and with children (i.e., judges, lawyers, police and other law enforcement entities, teachers, guardians, social workers, staff of public or private welfare institutions and shelters, and health-care providers), the media and civil society at large.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["V. Dissemination and use of the joint general comment and reporting"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0053","docId":"crc-c-gc-22-cmw-c-gc-3","idx":53,"n":53,"text":"53. The present joint general comment should be translated into relevant languages, and child-friendly/appropriate versions and formats accessible to persons with disabilities should be made available. Conferences, seminars, workshops and other events should be held to share good practices on how best to implement it. It should also be incorporated into the formal pre- and in-service training of all concerned professionals and to technical staff in particular, as well as to child protection and migration authorities and personnel, and should be made available to all national and local human rights institutions, and other human rights civil society organizations.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["V. Dissemination and use of the joint general comment and reporting"]},{"id":"crc-c-gc-22-cmw-c-gc-3-0054","docId":"crc-c-gc-22-cmw-c-gc-3","idx":54,"n":54,"text":"54. States parties should include in their periodic reports under article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and article 44 of the Convention on the Rights of the Child information about the measures guided by the present joint general comment that they have implemented and their outcomes.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["V. Dissemination and use of the joint general comment and reporting"],"citedArticles":[{"article":"73","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"44","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 44 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0055","docId":"crc-c-gc-22-cmw-c-gc-3","idx":55,"n":55,"text":"States that have not yet done so are encouraged to ratify or accede to: (a)The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, including by making the binding declarations under articles 76 and 77; (b)The Convention on the Rights of the Child; (c)The Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography; (d)The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; (e)The Optional Protocol to the Convention on the Rights of the Child on a communications procedure.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["VI. Treaty ratification or accession and reservations"],"citedArticles":[{"article":"76","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text says 'binding declarations under articles 76 and 77' in the context of the CMW, which contains those inter-State complaint articles."},{"article":"77","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text says 'binding declarations under articles 76 and 77' in the context of the CMW; CRC has no art 77."}]},{"id":"crc-c-gc-22-cmw-c-gc-3-0056","docId":"crc-c-gc-22-cmw-c-gc-3","idx":56,"n":56,"text":"56. States parties are encouraged to review, modify and/or withdraw reservations made upon ratification or accession, with a view to ensuring that children in the context of international migration fully enjoy all of their rights under both Conventions.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["VI. Treaty ratification or accession and reservations"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0001","docId":"crc-c-gc-23-cmw-c-gc-4","idx":1,"n":1,"text":"The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Rights of the Child contain legally binding obligations that relate both in general and specifically to the protection of the human rights of children and migrants. Both Conventions contain several provisions that establish specific obligations related to the rights of children in the context of international migration in the countries of origin, transit, destination and return[[fn:2]].1","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[],"section":["I. Introduction"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0002","docId":"crc-c-gc-23-cmw-c-gc-4","idx":2,"n":2,"text":"The present joint general comment was adopted at the same time as joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights of children in the context of international migration. While that general comment and the present one are stand-alone documents in their own right, the two complement each other and should be read and implemented together. The drafting process included a series of global and regional consultations held between May and July 2017 with representatives of key stakeholders and experts, including children and migrant organizations, in Bangkok, Beirut, Berlin, Dakar, Geneva, Madrid and Mexico City. In addition, the Committees received more than 80 written contributions from States, United Nations agencies and entities, civil society organizations, national human rights institutions and other stakeholders from every region of the world between November 2015 and August 2017.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0003","docId":"crc-c-gc-23-cmw-c-gc-4","idx":3,"n":3,"text":"3. The definition of the child under the Convention on the Rights of the Child provides rights and protection until the age of 18. The Committees are concerned that children between 15 and 18 years tend to be provided much lower levels of protection, and are sometimes considered as adults or left with an ambiguous migration status until they reach 18 years of age. States are urged to ensure that equal standards of protection are provided to every child, including those above the age of 15 years and regardless of their migration status. In accordance with the Guidelines for Alternative Care of Children,[[fn:2]] States should provide adequate follow-up, support and transition measures for children as they approach 18 years of age, particularly those leaving a care context, including by ensuring access to long-term regular migration status and reasonable opportunities for completing education, access to decent jobs and integrating into the society they live in.[[fn:3]] The child should be adequately prepared for independent living during this transition period, and competent authorities shall ensure adequate follow-up of the individual situation. The Committees additionally encourage States to take protective and support measures beyond the age of 18 years.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":2,"text":"General Assembly resolution 64/142, annex."},{"n":3,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion on the rights of all children in the context of international migration, paras. 68-69. Available from www.ohchr.org/Documents/HRBodies/CRC/Discussions/2012/DGD2012ReportAndRecommendations.pdf."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","A. Age"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0004","docId":"crc-c-gc-23-cmw-c-gc-4","idx":4,"n":4,"text":"4. To make an informed estimate of age, States should undertake a comprehensive assessment of the child’s physical and psychological development, conducted by specialist paediatricians or other professionals who are skilled in combining different aspects of development. Such assessments should be carried out in a prompt, child-friendly, gender-sensitive and culturally appropriate manner, including interviews of children and, as appropriate, accompanying adults, in a language the child understands. Documents that are available should be considered genuine unless there is proof to the contrary, and statements by children and their parents or relatives must be considered. The benefit of the doubt should be given to the individual being assessed. States should refrain from using medical methods based on, inter alia, bone and dental exam analysis, which may be inaccurate, with wide margins of error, and can also be traumatic and lead to unnecessary legal processes. States should ensure that their determinations can be reviewed or appealed to a suitable independent body.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","A. Age"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0005","docId":"crc-c-gc-23-cmw-c-gc-4","idx":5,"n":5,"text":"5. Every child, at all times, has a fundamental right to liberty and freedom from immigration detention.[[fn:4]] The Committee on the Rights of the Child has asserted that the detention of any child because of their or their parents’ migration status constitutes a child rights violation and contravenes the principle of the best interests of the child.[[fn:5]] In this light, both Committees have repeatedly affirmed that children should never be detained for reasons related to their or their parents’ migration status and States should expeditiously and completely cease or eradicate the immigration detention of children. Any kind of child immigration detention should be forbidden by law and such prohibition should be fully implemented in practice.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":4,"text":"Convention on the Rights of the Child, art. 37; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, arts. 16 and 17; Universal Declaration of Human Rights, arts. 3 and 9; International Covenant on Civil and Political Rights, art. 9."},{"n":5,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 78. See also the United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court (A/HRC/30/37, annex), in particular principle 21, para. 46, and guideline 21."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0006","docId":"crc-c-gc-23-cmw-c-gc-4","idx":6,"n":6,"text":"6. Immigration detention is understood by the Committees as any setting in which a child is deprived of his/her liberty for reasons related to his/her, or his/her parents’, migration status, regardless of the name and reason given to the action of depriving a child of his or her liberty, or the name of the facility or location where the child is deprived of liberty.[[fn:6]] “Reasons related to migration status” is understood by the Committees to be a person’s migratory or residence status, or the lack thereof, whether relating to irregular entry or stay or not, consistent with the Committees’ previous guidance.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":6,"text":"Deprivation of liberty is defined in article 4 (2) of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment as “any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority”. Rule 11 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty states: “For the purposes of the Rules, the following definitions should apply: … (b) The deprivation of liberty means any form of detention or imprisonment or the placement of a person in a public or private custodial setting, from which this person is not permitted to leave at will, by order of any judicial, administrative or other public authority.”"}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0007","docId":"crc-c-gc-23-cmw-c-gc-4","idx":7,"n":7,"text":"7. In addition, both the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families have emphasized that children should not be criminalized or subject to punitive measures, such as detention, because of their or their parents’ migration status.[[fn:7]] Irregular entry and stay do not constitute crimes per se against persons, property or national security.[[fn:8]] Criminalizing irregular entry and stay exceeds the legitimate interest of States parties to control and regulate migration, and leads to arbitrary detention.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":7,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 78."},{"n":8,"text":"See Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, para. 24."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0008","docId":"crc-c-gc-23-cmw-c-gc-4","idx":8,"n":8,"text":"8. The Committee on the Rights of the Child, in relation to unaccompanied and separated children, stated in 2005 that children should not be deprived of their liberty and that detention cannot be justified solely on the basis of the child being unaccompanied or separated, or on their migratory or residence status or lack thereof.[[fn:9]]","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":9,"text":"See Committee on the Rights of the Child, general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, para. 61."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0009","docId":"crc-c-gc-23-cmw-c-gc-4","idx":9,"n":9,"text":"9. The Committees emphasize the harm inherent in any deprivation of liberty and the negative impact that immigration detention can have on children’s physical and mental health and on their development, even when they are detained for a short period of time or with their families. The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has stated that “within the context of administrative immigration enforcement … the deprivation of liberty of children based on their or their parents’ migration status is never in the best interests of the child, exceeds the requirement of necessity, becomes grossly disproportionate and may constitute cruel, inhuman or degrading treatment of migrant children”.[[fn:10]]","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":10,"text":"See A/HRC/28/68, para. 80."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0010","docId":"crc-c-gc-23-cmw-c-gc-4","idx":10,"n":10,"text":"10. Article 37 (b) of the Convention of the Rights of the Child establishes the general principle that a child may be deprived of liberty only as a last resort and for the shortest appropriate period of time. However, offences concerning irregular entry or stay cannot under any circumstances have consequences similar to those derived from the commission of a crime.[[fn:11]] Therefore, the possibility of detaining children as a measure of last resort, which may apply in other contexts such as juvenile criminal justice, is not applicable in immigration proceedings as it would conflict with the principle of the best interests of the child and the right to development.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":11,"text":"See Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2, para. 24. See also Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 78. Along the same lines, see the report of the Working Group on Arbitrary Detention (A/HRC/13/30), para. 58; and the report of the Special Rapporteur on the human rights of migrants (A/HRC/20/24), paras. 31 and 38."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Article 37 (b) of the Convention of the Rights of the Child', and article 37 CRC establishes the last-resort deprivation of liberty principle for children."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0011","docId":"crc-c-gc-23-cmw-c-gc-4","idx":11,"n":11,"text":"11. Instead, States should adopt solutions that fulfil the best interests of the child, along with their rights to liberty and family life, through legislation, policy and practices that allow children to remain with their family members and/or guardians in non-custodial, community-based contexts while their immigration status is being resolved and the children’s best interests are assessed,[[fn:12]] as well as before return. When children are unaccompanied, they are entitled to special protection and assistance by the State in the form of alternative care and accommodation in accordance with the Guidelines for the Alternative Care of Children[[fn:13]] When children are accompanied, the need to keep the family together is not a valid reason to justify the deprivation of liberty of a child. When the child’s best interests require keeping the family together, the imperative requirement not to deprive the child of liberty extends to the child’s parents and requires the authorities to choose non-custodial solutions for the entire family.[[fn:14]]","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":12,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 79."},{"n":13,"text":"See Committee on the Rights of the Child, general comment No. 6, paras. 39-40."},{"n":14,"text":"See A/HRC/20/24, para. 40; Rights and Guarantees of Children in the Context of Migration and/or in Need of International Protection, Advisory Opinion OC−21/14 of 19 August 2014, Inter-American Court of Human Rights, para. 159; and A/HRC/28/68, para. 80."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0012","docId":"crc-c-gc-23-cmw-c-gc-4","idx":12,"n":12,"text":"12. Consequently, child and family immigration detention should be prohibited by law and its abolishment ensured in policy and practice. Resources dedicated to detention should be diverted to non-custodial solutions carried out by competent child protection actors engaging with the child and, where applicable, his or her family. The measures offered to the child and the family should not imply any kind of child or family deprivation of liberty and should be based on an ethic of care and protection, not enforcement.[[fn:15]] They should focus on case resolution in the best interests of the child and provide all the material, social and emotional conditions necessary to ensure the comprehensive protection of the rights of the child, allowing for children’s holistic development. Independent public bodies, as well as civil society organizations, should be able to regularly monitor these facilities or measures. Children and families should have access to effective remedies in case any kind of immigration detention is enforced.","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":15,"text":"See the Guidelines for the Alternative Care of Children."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0013","docId":"crc-c-gc-23-cmw-c-gc-4","idx":13,"n":13,"text":"13. In the view of the Committees, child protection and welfare actors should take primary responsibility for children in the context of international migration. When a migrant child is first detected by immigration authorities, child protection or welfare officials should immediately be informed and be in charge of screening the child for protection, shelter and other needs. Unaccompanied and separated children should be placed in the national/local alternative care system, preferably in family-type care with their own family when available, or otherwise in community care when family is not available. These decisions have to be taken within a child-sensitive due process framework, including the child’s rights to be heard, to have access to justice and to challenge before a judge any decision that could deprive him or her of liberty,[[fn:16]] and should take into account the vulnerabilities and needs of the child, including those based on their gender, disability, age, mental health, pregnancy or other conditions.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":16,"text":"See United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court, in particular guideline 18 (see A/HRC/30/37, para. 100)."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","B. Right to liberty (articles 16 and 17 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 37 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0014","docId":"crc-c-gc-23-cmw-c-gc-4","idx":14,"n":14,"text":"14. Access to justice is a fundamental right in itself and a prerequisite for the protection and promotion of all other human rights, and as such it is of paramount importance that every child in the context of international migration is empowered to claim his/her rights. The responsibility of States parties requires structural and proactive interventions to ensure fair, effective and prompt access to justice. The Committee on the Rights of the Child, in its general comment No. 5 (2003) on general measures of implementation of the Convention, held that an effective remedy requires effective, child-sensitive procedures. It further outlined that such procedures should guarantee the adoption of certain specific measures in order to ensure that administrative and judicial proceedings are adapted to the needs and development of children, and that the best interests of the child is a primary consideration in all such proceedings.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0015","docId":"crc-c-gc-23-cmw-c-gc-4","idx":15,"n":15,"text":"15. The Committees are of the view that States should ensure that their legislation, policies, measures and practices guarantee child-sensitive due process in all migration and asylum administrative and judicial proceedings affecting the rights of children and/or those of their parents. All children, including children accompanied by parents or other legal guardians, should be treated as individual rights holders, their child-specific needs considered equally and individually and their views appropriately heard and given due weight. They should have access to administrative and judicial remedies against decisions affecting their own situation or that of their parents, to guarantee that all decisions are taken in their best interests[[fn:17]] Measures should be taken to avoid undue delays in migration/asylum procedures that could negatively affect children’s rights, including family reunification procedures. Unless it is contrary to the child’s best interests, speedy proceedings should be encouraged, provided that this does not restrict any due process guarantees.","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":17,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 75."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0016","docId":"crc-c-gc-23-cmw-c-gc-4","idx":16,"n":16,"text":"16. Children should be able to bring complaints before courts, administrative tribunals or other bodies at lower levels that are easily accessible to them, e.g., in child protection and youth institutions, schools and national human rights institutions, and should be able to receive advice and representation in a child-friendly manner by professionals with specialized knowledge of children and migration issues when their rights have been violated. States should ensure standardized policies to guide authorities in offering free, quality legal advice and representation for migrant, asylum-seeking and refugee children, including equal access for unaccompanied and separated children in local authority care and undocumented children.[[fn:18]]","labels":["Refugees & asylum-seekers","Migrants","Children","Adolescents","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":18,"text":"Human Rights Council resolution 25/6. See also Advisory Opinion OC−21/14 of 19 August 2014, Inter-American Court of Human Rights, paras. 108-143."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0017","docId":"crc-c-gc-23-cmw-c-gc-4","idx":17,"n":17,"text":"More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to: (a) Access to the territory, regardless of the documentation they have or lack, and to be referred to authorities in charge of evaluating their needs in terms of protection of their rights, ensuring their procedural safeguards; (b) Be notified of the existence of a proceeding and of the decision adopted in the context of the immigration and asylum proceedings, its implications and possibilities for appeal; (c ) Have the immigration proceedings conducted by a specialized official or judge, and any interviews carried out in person by professionals trained in communicating with children; (d) Be heard and take part in all stages of the proceedings and be assisted without charge by a translator and/or interpreter; (e ) Have effective access to communication with consular officials and consular assistance, and to receive child-sensitive rights-based consular protection; (f) Be assisted by an attorney trained and/or experienced in representing children at all stages of the proceedings and communicate freely with the representative, and have access to free legal aid; (g) Have the application and procedures involving children be treated as a priority, while ensuring ample time to prepare for proceedings and that all due process guarantees are preserved; (h) Appeal the decision to a higher court or independent authority, with suspensive effect; (i) For unaccompanied and separated children, have appointed a competent guardian, as expeditiously as possible, who serves as a key procedural safeguard to ensure respect for their best interests[[fn:20]];19 (j) Be fully informed throughout the entire procedure, together with their guardian and legal adviser, including information on their rights and all relevant information that could affect them.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0018","docId":"crc-c-gc-23-cmw-c-gc-4","idx":18,"n":18,"text":"18. The Committees recognize the negative impacts on children’s well-being of having an insecure and precarious migration status. The Committees therefore recommend that States ensure that there are clear and accessible status determination procedures for children to regularize their status on various grounds (such as length of residence).","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0019","docId":"crc-c-gc-23-cmw-c-gc-4","idx":19,"n":19,"text":"19. The Committees are of the opinion that a comprehensive interpretation of the Convention on the Rights of the Child with articles 7 (a), 23 and 65 (2) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families should imply the development and implementation of effective consular protection policies which include specific measures directed to protecting children’s rights, such as providing ongoing training to consular staff on the two Conventions, as well as on other human rights instruments, and promoting protocols on consular protection services.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","C. Due process guarantees and access to justice (articles 16, 17 and 18 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 12 and 40 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"7","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 7 (a), 23 and 65 (2) of the International Convention on the Protection of the Rights of All Migrant Workers'; regex mis-assigned to CRC."},{"article":"23","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 7 (a), 23 and 65 (2) of the International Convention on the Protection of the Rights of All Migrant Workers'; regex mis-assigned to CRC."},{"article":"65","paragraph":"2","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 7 (a), 23 and 65 (2) of the International Convention on the Protection of the Rights of All Migrant Workers'; regex mis-assigned to CRC."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0020","docId":"crc-c-gc-23-cmw-c-gc-4","idx":20,"n":20,"text":"20. The lack of birth registration may have many negative impacts on the enjoyment of children’s rights, such as child marriage, trafficking, forced recruitment and child labour. Birth registrations may also help to achieve convictions against those who have abused a child. Unregistered children are at particular risk of becoming stateless when born to parents who are in an irregular migration situation, due to barriers to acquiring nationality in the country of origin of the parents as well as to accessing birth registration and nationality at the place of their birth.[[fn:20]]","labels":["Migrants","Children","Non-citizens and stateless"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":20,"text":"According to article 1 of the Convention relating to the Status of Stateless Persons, a stateless person is “a person who is not considered as a national by any State under the operation of its law”."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0021","docId":"crc-c-gc-23-cmw-c-gc-4","idx":21,"n":21,"text":"21. The Committees urge States parties to take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates, irrespective of their migration status or that of their parents. Legal and practical obstacles to birth registration should be removed, including by prohibiting data sharing between health providers or civil servants responsible for registration with immigration enforcement authorities; and not requiring parents to produce documentation regarding their migration status. Measures should also be taken to facilitate late registration of birth and to avoid financial penalties for late registration. Children who have not been registered should be ensured equal access to health care, protection, education and other social services.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0022","docId":"crc-c-gc-23-cmw-c-gc-4","idx":22,"n":22,"text":"22. Should a child’s identity documents have been procured irregularly on his or her behalf and the child requests the restoration of his or her identity documents, States parties are encouraged to adopt flexible measures in the best interests of the child, specifically by issuing corrected documents and avoiding prosecution where falsification has been committed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0023","docId":"crc-c-gc-23-cmw-c-gc-4","idx":23,"n":23,"text":"23. Article 7 of the Convention on the Rights of the Child places emphasis on the prevention of statelessness by specifying that States parties shall ensure the implementation of the rights of a child to be registered, to a name, to acquire a nationality and to know and be cared for by his or her parents. The same right is enshrined for all children of migrant workers in article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"7","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'Article 7 of the Convention on the Rights of the Child'."},{"article":"29","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0024","docId":"crc-c-gc-23-cmw-c-gc-4","idx":24,"n":24,"text":"24. While States are not obliged to grant their nationality to every child born in their territory, they are required to adopt every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he or she is born. A key measure is the conferral of nationality to a child born on the territory of the State, at birth or as early as possible after birth, if the child would otherwise be stateless.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0025","docId":"crc-c-gc-23-cmw-c-gc-4","idx":25,"n":25,"text":"25. Nationality laws that discriminate with regard to the transmission or acquisition of nationality on the basis of prohibited grounds, including in relation to the child and/or his or her parents’ race, ethnicity, religion, gender, disability and migration status, should be repealed. Furthermore, all nationality laws should be implemented in a non-discriminatory manner, including with regard to residence status in relation to the length of residency requirements, to ensure that every child’s right to a nationality is respected, protected and fulfilled.","labels":["Migrants","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0026","docId":"crc-c-gc-23-cmw-c-gc-4","idx":26,"n":26,"text":"26. States should strengthen measures to grant nationality to children born in their territory in situations where they would otherwise be stateless. When the law of a mother’s country of nationality does not recognize a woman’s right to confer nationality on her children and/or spouse, children may face the risk of statelessness. Likewise, where nationality laws do not guarantee women’s autonomous right to acquire, change or retain their nationality in marriage, girls in the situation of international migration who married under the age of 18 years may face the risk of being stateless, or be confined in abusive marriages out of fear of being stateless. States should take immediate steps to reform nationality laws that discriminate against women by granting equal rights to men and women to confer nationality on their children and spouses and regarding the acquisition, change or retention of their nationality.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","D. Right to a name, identity, and a nationality (article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 7 and 8 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0027","docId":"crc-c-gc-23-cmw-c-gc-4","idx":27,"n":27,"text":"27. The right to protection of family life is recognized in international and regional human rights instruments, including the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Therefore, this right should be fully respected, protected and fulfilled in relation to every child without any kind of discrimination, regardless of their residency or nationality status. States should comply with their international legal obligations in terms of maintaining family unity, including siblings, and preventing separation, which should be a primary focus, in accordance with the Guidelines for the Alternative Care of Children. Protection of the right to a family environment frequently requires that States not only refrain from actions which could result in family separation or other arbitrary interference in the right to family life, but also take positive measures to maintain the family unit, including the reunion of separated family members. The Committee on the Rights of the Child, in its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, states that the term “parents” must be interpreted in a broad sense to include biological, adoptive or foster parents, or, where applicable, the members of the extended family or community as provided for by local custom.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0028","docId":"crc-c-gc-23-cmw-c-gc-4","idx":28,"n":28,"text":"28. The right to family unity for migrants may intersect with States’ legitimate interests in making decisions on the entry or stay of non-nationals in their territory. However, children in the context of international migration and families should not be subjected to arbitrary or unlawful interference with their privacy and family life.[[fn:21]] Separating a family by deporting or removing a family member from a State party’s territory, or otherwise refusing to allow a family member to enter or remain in the territory, may amount to arbitrary or unlawful interference with family life.[[fn:22]]","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":21,"text":"See Human Rights Committee, general comment No. 15 (1986) on the position of aliens under the Covenant, para. 7."},{"n":22,"text":"Human Rights Committee, communications No. 2009/2010, Ilyasov v. Kazakhstan, Views adopted on 23 July 2014; No. 2243/2013, Husseini v. Denmark, Views adopted on 24 October 2014; No. 1875/2009, M.G.C. v. Australia, Views adopted on 26 March 2015; No. 1937/2010, Leghaei and others v. Australia, Views adopted on 26 March 2015; and No. 2081/2011, D.T. v. Canada, Views adopted on 15 July 2006."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0029","docId":"crc-c-gc-23-cmw-c-gc-4","idx":29,"n":29,"text":"29. The Committees are of the view that the rupture of the family unit by the expulsion of one or both parents based on a breach of immigration laws related to entry or stay is disproportionate, as the sacrifice inherent in the restriction of family life and the impact on the life and development of the child is not outweighed by the advantages obtained by forcing the parent to leave the territory because of an immigration-related offence.[[fn:23]] Migrant children and their families should also be protected in cases where expulsions would constitute arbitrary interference with the right to family and private life.[[fn:24]] The Committees recommend that States provide avenues for status regularization for migrants in an irregular situation residing with their children, particularly when a child has been born or has lived in the country of destination for an extended period of time, or when return to the parent’s country of origin would be against the child’s best interests. Where the expulsion of parents is based on criminal offences, their children’s rights, including the right to have their best interests be a primary consideration and their right to be heard and have their views taken seriously, should be ensured, also taking into account the principle of proportionality and other human rights principles and standards.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":23,"text":"See Advisory Opinion OC−21/14 of 19 August 2014, Inter-American Court of Human Rights, para. 280."},{"n":24,"text":"See Committee on the on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2 (2013), para. 50."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0030","docId":"crc-c-gc-23-cmw-c-gc-4","idx":30,"n":30,"text":"30. The Committees are concerned about cases where children are separated from parents and placed in alternative care by child protection systems when there are no concerns related to parental abuse and neglect. Financial and material poverty, or conditions directly and uniquely attributable to such poverty, should never be the sole justification for removing a child from parental care, for receiving a child into alternative care or for preventing a child’s social reintegration. In this regard, States should provide appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities, including by providing social benefits and child allowances and other social support services regardless of the migration status of the parents or the child.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0031","docId":"crc-c-gc-23-cmw-c-gc-4","idx":31,"n":31,"text":"31. The Committees are also of the opinion that based on article 18 of the Convention on the Rights of the Child, a comprehensive approach to the child’s right to a family environment in the context of migration should contemplate measures directed at enabling parents to fulfil their duties with regard to child development. Considering that irregular migration status of children and/or their parents may obstruct such goals, States should make available regular and non-discriminatory migration channels, as well as provide permanent and accessible mechanisms for children and their families to access long-term regular migration status or residency permits based on grounds such as family unity, labour relations, social integration and others.[[fn:25]]","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":25,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 91. See also article 69 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 18 of the Convention on the Rights of the Child', which addresses parental responsibilities and State support for child development."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0032","docId":"crc-c-gc-23-cmw-c-gc-4","idx":32,"n":32,"text":"32. Under article 10 of the Convention on the Rights of the Child, States parties are to ensure that applications for family reunification are dealt with in a positive, humane and expeditious manner, including facilitating the reunification of children with their parents. When the child’s relations with his or her parents and/or sibling(s) are interrupted by migration (in both the cases of the parents without the child, or of the child without his or her parents and/or sibling(s)), preservation of the family unit should be taken into account when assessing the best interests of the child in decisions on family reunification.[[fn:26]]","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":26,"text":"See Committee on the Rights of the Child, general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, para. 66."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"10","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 10 of the Convention on the Rights of the Child', which governs family reunification applications."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0033","docId":"crc-c-gc-23-cmw-c-gc-4","idx":33,"n":33,"text":"33. In the case of undocumented children in the context of international migration, States shall develop and implement guidelines, taking particular care that time limits, discretionary powers, and/or lack of transparency in administration procedures should not hinder the child’s right to family reunification.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0034","docId":"crc-c-gc-23-cmw-c-gc-4","idx":34,"n":34,"text":"34. In the case of unaccompanied or separated children, including children separated from their parents due to the enforcement of immigration laws, such as the parents’ detention, efforts to find sustainable, rights-based solutions for them should be initiated and implemented without delay, including the possibility of family reunification. If the child has family in the country of destination, the country of origin or a third country, child protection and welfare authorities in countries of transit or destination should contact family members as soon as possible. The decision as to whether a child should be reunited with his or her family in the country of origin, transit and/or destination should be based on a robust assessment in which the child’s best interests are upheld as a primary consideration and family reunification is taken into consideration, and which includes a sustainable reintegration plan where the child is guaranteed to participate in the process.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0035","docId":"crc-c-gc-23-cmw-c-gc-4","idx":35,"n":35,"text":"35. Family reunification in the country of origin should not be pursued where there is a “reasonable risk” that such a return would lead to the violation of the human rights of the child. When family reunification in the country of origin is not in the best interests of the child or not possible due to legal or other obstacles to return, the obligations under article 9 and 10 of the Convention of the Rights of the Child come into effect and should govern the State’s decisions on family reunification therein. Measures for parents to reunify with their children and/or regularize their status on the basis of their children’s best interests should be put in place. Countries should facilitate family reunification procedures in order to complete them in an expeditious manner, in line with the best interests of the child. It is recommended that States apply best interest determination procedures in finalizing family reunification.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"9","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text reads 'obligations under article 9 and 10 of the Convention of the Rights of the Child', explicitly naming the CRC; art. 9 CRC covers separation from parents."},{"article":"10","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text reads 'obligations under article 9 and 10 of the Convention of the Rights of the Child', explicitly naming the CRC; art. 10 CRC covers family reunification."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0036","docId":"crc-c-gc-23-cmw-c-gc-4","idx":36,"n":36,"text":"36. When a country of destination refuses family reunification to the child and/or to his/her family, it should provide detailed information to the child, in a child-friendly and age-appropriate manner, on the reasons for the refusal and on the child’s right to appeal.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0037","docId":"crc-c-gc-23-cmw-c-gc-4","idx":37,"n":37,"text":"37. Children that remain in their countries of origin may end up migrating irregularly and unsafely, seeking to be reunited with their parents and/or older siblings in destination countries. States should develop effective and accessible family reunification procedures that allow children to migrate in a regular manner, including children remaining in countries of origin who may migrate irregularly. States are encouraged to develop policies that enable migrants to regularly be accompanied by their families in order to avoid separation. Procedures should seek to facilitate family life and ensure that any restrictions are legitimate, necessary and proportionate. While this duty is primarily for receiving and transit countries, States of origin should also take measures to facilitate family reunification.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0038","docId":"crc-c-gc-23-cmw-c-gc-4","idx":38,"n":38,"text":"38. The Committees are aware that insufficient financial resources often hinder the exercise of the right to family reunification and that the lack of proof of adequate family income can constitute a barrier to reunion procedures. States are encouraged to provide adequate financial support and other social services to those children and their parent(s), siblings and, where applicable, other relatives.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","E. Family life (articles 14, 17 and 44 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 9, 10, 11, 16, 18, 19, 20 and 27 (4) of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0039","docId":"crc-c-gc-23-cmw-c-gc-4","idx":39,"n":39,"text":"39. Children in the context of international migration, in particular those who are undocumented, stateless, unaccompanied or separated from their families, are particularly vulnerable, throughout the migratory process, to different forms of violence, including neglect, abuse, kidnapping, abduction and extortion, trafficking, sexual exploitation, economic exploitation, child labour, begging or involvement in criminal and illegal activities, in countries of origin, transit, destination and return. Such children are at risk of experiencing violence by State or non-State actors or witnessing violence against their parents or others, particularly when travelling or residing in an irregular manner. The Committees draw the attention of States to article 6 of the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children under which the judicial or administrative authorities of the Contracting State have jurisdiction to take measures directed to the protection of the child’s person or property with regard to refugee children and children who, due to disturbances occurring in their country, are internationally displaced and are present on the territory as a result of their displacement.","labels":["Refugees & asylum-seekers","Migrants","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly identifies this as article 6 of the 1996 Hague Convention on parental responsibility, a Hague (non-UN) treaty outside the coded list."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0040","docId":"crc-c-gc-23-cmw-c-gc-4","idx":40,"n":40,"text":"40. The Committees are also aware that restrictive migration or asylum policies, including criminalization of irregular migration, the absence of sufficient safe, orderly, accessible and affordable regular migration channels or lack of adequate child protection systems, render migrant and asylum-seeking children, including unaccompanied or separated children, particularly vulnerable to suffering violence and abuse during their migration journey and in the countries of destination.","labels":["Refugees & asylum-seekers","Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0041","docId":"crc-c-gc-23-cmw-c-gc-4","idx":41,"n":41,"text":"41. It is essential that States take all necessary measures to prevent and combat the illicit transfer and non-return of children as well as the worst forms of child labour, including all forms of slavery, commercial sexual exploitation, the use of children for illicit activities, including begging, and hazardous work, and protect them from violence and economic exploitation. The Committees recognize that children face gender-specific risks and vulnerabilities which should be identified and specifically addressed. In many contexts, girls may be even more vulnerable to trafficking, especially for purposes of sexual exploitation. Additional measures should be taken to address the particular vulnerability of girls and boys, including those who might have a disability, as well as children who are lesbian, gay, bisexual, transgender or intersex persons, to trafficking for the purposes of sexual exploitation and abuse.","labels":["Women/girls","Children","LGBTI+","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0042","docId":"crc-c-gc-23-cmw-c-gc-4","idx":42,"n":42,"text":"42. Undocumented migrant children and parents dependent on residence or work permits, who can easily be made undocumented by their sponsor/employer, face risks of being reported to the immigration authorities by public service providers or other officials or by private individuals. This limits their enjoyment of human rights, including protection and access to justice, and makes them more vulnerable to violence and to labour and other types of exploitation and abuse,[[fn:27]] and could be the result of policies prioritizing the detection of migrants in irregular status instead of their protection from violence, abuse and exploitation, making children more vulnerable to experiencing violence or witnessing violence against a family member. Among other measures, effective firewalls between child protection services and immigration enforcement should be ensured.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":27,"text":"See Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2, para. 2."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0043","docId":"crc-c-gc-23-cmw-c-gc-4","idx":43,"n":43,"text":"43. For migrant children for whom there are indications of trafficking, sale or other forms of sexual exploitation or who may be at risk of such acts or of child marriage, States should adopt the following measures:","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0044","docId":"crc-c-gc-23-cmw-c-gc-4","idx":44,"n":44,"text":"44. Furthermore, States should take the following actions to ensure the full and effective protection of migrant children from all forms of violence and abuse:","labels":["Migrants","Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","F. Protection from all forms of violence and abuse, including exploitation, child labour and abduction, and sale or traffic in children (articles 11 and 27 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 19, 26, 32, 34, 35 and 36 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0045","docId":"crc-c-gc-23-cmw-c-gc-4","idx":45,"n":45,"text":"45. With due respect to international labour standards related to the minimum age for admission to employment and the prohibition and elimination of the worst forms of child labour, not all work carried out by migrant children who are above legal working age is exploitative or undertaken in hazardous conditions. The Committees remind States that migrant children above working age, irrespective of their status, should enjoy equal treatment to that of national children in respect of remuneration, other conditions of work and terms of employment.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","G. Right to protection from economic exploitation, including underage and hazardous work, employment conditions and social security (articles 25, 27, 52, 53, 54 and 55 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 26 and 32 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0046","docId":"crc-c-gc-23-cmw-c-gc-4","idx":46,"n":46,"text":"46. States should take all appropriate legislative and administrative measures, including a gender dimension, to regulate and protect the employment of migrant children with respect to the minimum age of employment and hazardous work. Given the specific risk to which migrant children are exposed, States shall also ensure that, in both law and practice, all necessary measures, including the provision of appropriate penalties, be taken by the competent authority to guarantee the effective enforcement of the provisions of the Convention on the Rights of the Child and relevant international standards and that migrant children:","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","G. Right to protection from economic exploitation, including underage and hazardous work, employment conditions and social security (articles 25, 27, 52, 53, 54 and 55 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 26 and 32 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0047","docId":"crc-c-gc-23-cmw-c-gc-4","idx":47,"n":47,"text":"47. With respect to social security, migrant children and their families shall have the right to the same treatment granted to nationals, insofar as they fulfil the requirements provided for by the applicable legislation of the State and the applicable bilateral and multilateral treaties. The Committees consider that in cases of necessity, States should provide emergency social assistance to migrant children and their families regardless of their migration status, without any discrimination.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","G. Right to protection from economic exploitation, including underage and hazardous work, employment conditions and social security (articles 25, 27, 52, 53, 54 and 55 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 26 and 32 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0048","docId":"crc-c-gc-23-cmw-c-gc-4","idx":48,"n":48,"text":"48. In cases of migrant families, including with children born to migrant parents, the Committees stress the interdependence between parental responsibilities for the upbringing and development of the child under articles 5 and 18 of the Convention on the Rights of the Child and labour rights for migrant workers under relevant provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Therefore, States should, as far as possible, take measures to ensure that the rights at work of migrant parents, including those in an irregular situation, are fully respected.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","G. Right to protection from economic exploitation, including underage and hazardous work, employment conditions and social security (articles 25, 27, 52, 53, 54 and 55 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 26 and 32 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"5","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 5 and 18 of the Convention on the Rights of the Child'."},{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 5 and 18 of the Convention on the Rights of the Child'."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0049","docId":"crc-c-gc-23-cmw-c-gc-4","idx":49,"n":49,"text":"49. States should ensure that children in the context of international migration have a standard of living adequate for their physical, mental, spiritual and moral development. As provided in article 27 (3) of the Convention on the Rights of the Child. States, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","H. Right to an adequate standard of living (article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 27 of the Convention on the Rights of the Child)"],"citedArticles":[{"article":"27","paragraph":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 27 (3) of the Convention on the Rights of the Child', which requires States to provide material assistance for adequate standard of living."}]},{"id":"crc-c-gc-23-cmw-c-gc-4-0050","docId":"crc-c-gc-23-cmw-c-gc-4","idx":50,"n":50,"text":"50. States parties should develop detailed guidelines on standards of reception facilities, assuring adequate space and privacy for children and their families. States should take measures to ensure an adequate standard of living in temporary locations, such as reception facilities and formal and informal camps, ensuring that these are accessible to children and their parents, including persons with disabilities, pregnant women and breastfeeding mothers. States should ensure that residential facilities do not restrict children’s day-to-day movements unnecessarily, including de facto restriction of movement.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","H. Right to an adequate standard of living (article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 27 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0051","docId":"crc-c-gc-23-cmw-c-gc-4","idx":51,"n":51,"text":"51. States should not interfere with children’s right to housing by means of measures which prevent migrants from renting properties. Measures should be taken to ensure that migrant children, regardless of their status, are able to access homeless shelters.","labels":["Migrants","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","H. Right to an adequate standard of living (article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 27 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0052","docId":"crc-c-gc-23-cmw-c-gc-4","idx":52,"n":52,"text":"52. States should develop procedures and standards to establish firewalls between public or private service providers, including public or private housing providers, and immigration enforcement authorities. Similarly, States should ensure that irregular migrant children are not criminalized for exercising their right to housing and that private actors, such as landlords and civil society organizations, who facilitate their exercise of this right are also not criminalized.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","H. Right to an adequate standard of living (article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 27 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0053","docId":"crc-c-gc-23-cmw-c-gc-4","idx":53,"n":53,"text":"53. The Convention on the Rights of the Child stipulates that States parties shall respect and ensure the rights set forth in the Convention to each child within its jurisdiction without discrimination of any kind; this includes discrimination against children on the basis of their or their parents’ migration status. The Committees therefore urge States parties to provide equitable access to economic, social and cultural rights. States are encouraged to expeditiously reform legislation, policies and practices that discriminate against migrant children and their families, including those in an irregular situation, or prevent them from effectively accessing services and benefits, for example social assistance.[[fn:28]]","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":28,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 86."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","H. Right to an adequate standard of living (article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; article 27 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0054","docId":"crc-c-gc-23-cmw-c-gc-4","idx":54,"n":54,"text":"54. The Committees acknowledge that a child’s physical and mental health can be affected by a variety of factors, including structural determinants such as poverty, unemployment, migration and population displacements, violence, discrimination and marginalization. The Committees are aware that migrant and refugee children may experience severe emotional distress and may have particular and often urgent mental health needs. Children should therefore have access to specific care and psychological support, recognizing that children experience stress differently from adults.","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","I. Right to health (articles 28 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 23, 24 and 39 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0055","docId":"crc-c-gc-23-cmw-c-gc-4","idx":55,"n":55,"text":"55. Every migrant child should have access to health care equal to that of nationals, regardless of their migration status. This includes all health services, whether preventive or curative, and mental, physical or psychosocial care, provided in the community or in health-care institutions. States have an obligation to ensure that children’s health is not undermined as a result of discrimination, which is a significant factor contributing to vulnerability; the implications of multiple forms of discrimination should also be addressed.[[fn:29]] Attention should be paid to addressing the gender-specific impacts of reduced access to services.[[fn:30]] In addition, migrant children should be provided full access to age-appropriate sexual and reproductive health information and services.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":29,"text":"See general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, paras. 5 and 8."},{"n":30,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 86."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","I. Right to health (articles 28 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 23, 24 and 39 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0056","docId":"crc-c-gc-23-cmw-c-gc-4","idx":56,"n":56,"text":"56. States are encouraged to emphasize a holistic approach to the right to health. Their national plans, policies, and strategies should address the health needs of migrant children and the vulnerable situations in which they may find themselves. Migrant children should have access to health services without being required to present a residence permit or asylum registration. Administrative and financial barriers to accessing services should be removed, including through the acceptance of alternative means of proving identity and residence, such as testimonial evidence.[[fn:31]] In addition, the Committees urge States to prohibit the sharing of patients’ data between health institutions and immigration authorities as well as immigration enforcement operations on or near public health premises, as these effectively limit or deprive migrant children or children born to migrant parents in an irregular situation of their right to health.[[fn:32]] Effective firewalls should be put in place in order to ensure their right to health.","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":31,"text":"See Committee on the Rights of the Child, report of the 2012 day of general discussion, para. 86."},{"n":32,"text":"See Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, general comment No. 2, para. 74."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","I. Right to health (articles 28 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 23, 24 and 39 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0057","docId":"crc-c-gc-23-cmw-c-gc-4","idx":57,"n":57,"text":"57. Discrimination can often exacerbate insufficient financial and legal protection, and may force migrant children to postpone treatment until they are seriously ill. Attention should be paid to resolving the issues surrounding complicated health services that require prompt and extensive responses, in which discriminatory approaches may severely affect the health of migrant children and significantly delay their treatment and recovery period. The commitment of health professionals should be first to their patients and to upholding children’s health as a human right.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","I. Right to health (articles 28 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 23, 24 and 39 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0058","docId":"crc-c-gc-23-cmw-c-gc-4","idx":58,"n":58,"text":"58. Restrictions on adult migrants’ right to health on the basis of their nationality or migration status could also affect their children’s right to health, life and development. Therefore, a comprehensive approach to children’s rights should include measures directed at ensuring the right to health to all migrant workers and their families, regardless of their migration status, as well as measures aimed at ensuring an intercultural approach to health policies, programmes and practices.","labels":["Migrants"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","I. Right to health (articles 28 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 23, 24 and 39 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0059","docId":"crc-c-gc-23-cmw-c-gc-4","idx":59,"n":59,"text":"59. All children in the context of international migration, irrespective of status, shall have full access to all levels and all aspects of education, including early childhood education and vocational training, on the basis of equality with nationals of the country where those children are living. This obligation implies that States should ensure equal access to quality and inclusive education for all migrant children, irrespective of their migration status. Migrant children should have access to alternative learning programmes where necessary and participate fully in examinations and receive certification of their studies.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","J. Right to education and professional training (articles 30, 43 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 28, 29, 30 and 31 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0060","docId":"crc-c-gc-23-cmw-c-gc-4","idx":60,"n":60,"text":"60. The Committees strongly urge States to expeditiously reform regulations and practices that prevent migrant children, in particular undocumented children, from registering at schools and educational institutions. States should also develop effective firewalls between educational institutions and immigration authorities and prohibit the sharing of students’ data as well as immigration enforcement operations on or near school premises, as these practices limit or deprive migrant children or children of migrant workers in an irregular situation of their right to education. To respect children’s right to education, States are also encouraged to avoid disruption during migration-related procedures, avoiding children having to move during the school year if possible, as well as supporting them to complete any compulsory and ongoing education courses when they reach the age of majority. While access to upper-level education is not compulsory, the principle of non-discrimination obliges States to provide available services to every child without discrimination on the basis of their migration status or other prohibited grounds.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","J. Right to education and professional training (articles 30, 43 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 28, 29, 30 and 31 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0061","docId":"crc-c-gc-23-cmw-c-gc-4","idx":61,"n":61,"text":"61. States should put in place adequate measures to recognize the child’s former education by acknowledging previously obtained school certificates and/or issuing new certification based on the child’s capacities and capabilities, to avoid creating stigmatization or penalization. This is equally applicable to countries of origin or third countries in the case of return.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","J. Right to education and professional training (articles 30, 43 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 28, 29, 30 and 31 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0062","docId":"crc-c-gc-23-cmw-c-gc-4","idx":62,"n":62,"text":"62. The principle of equality of treatment requires States to eliminate any discrimination against migrant children and to adopt appropriate and gender-sensitive provisions to overcome educational barriers. This means that, where necessary, targeted measures are needed, including additional language education,[[fn:33]] additional staff and other intercultural support, without discrimination of any kind. States are encouraged to dedicate staff to facilitating access to education for migrant children and to promoting the integration of migrant children into schools. In addition, States should take measures aimed at prohibiting and preventing any kind of educational segregation, to ensure that migrant children learn the new language as a means for effective integration. State efforts should include the provision of early childhood education as well as psychosocial support. States should also provide formal and non-formal learning opportunities, teacher training and life skills classes.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"footnotes":[{"n":33,"text":"See article 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families."}],"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","J. Right to education and professional training (articles 30, 43 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 28, 29, 30 and 31 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0063","docId":"crc-c-gc-23-cmw-c-gc-4","idx":63,"n":63,"text":"63. States should develop concrete measures to foster intercultural dialogue between migrant and host communities and to address and prevent xenophobia or any type of discrimination or related intolerance against migrant children. In addition, integrating human rights education, including on non-discrimination, as well as migration and migrants’ rights and children’s rights, within education curricula would contribute to preventing in xenophobic or any form of discriminatory attitudes that could affect migrants’ integration in the long term.","labels":["Migrants"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["II. Legal obligations of States parties to protect the rights of children in the context of international migration in their territory","J. Right to education and professional training (articles 30, 43 and 45 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; articles 28, 29, 30 and 31 of the Convention on the Rights of the Child)"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0064","docId":"crc-c-gc-23-cmw-c-gc-4","idx":64,"n":64,"text":"64. The Committees reaffirm the need to address international migration through international, regional or bilateral cooperation and dialogue and through a comprehensive and balanced approach, recognizing the roles and responsibilities of countries of origin, transit, destination and return in promoting and protecting the human rights of children in the context of international migration, so as to ensure safe, orderly and regular migration, with full respect for human rights and avoiding approaches that might aggravate their vulnerability. In particular, cross-border case management procedures should be established in an expeditious manner in conformity with the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children. In addition, cooperation could include initiatives aimed at strengthening financial and technical assistance as well as resettlement programmes to countries which host a large number of displaced persons, including children, from other countries and are in need of assistance. All practices should be fully in line with international human rights and refugee law obligations.","labels":["Refugees & asylum-seekers","Migrants","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. International cooperation"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0065","docId":"crc-c-gc-23-cmw-c-gc-4","idx":65,"n":65,"text":"65. In order to ensure that this comprehensive and balanced approach is consistent with the best interests of children, child protection/welfare agencies should have a key role in the development of any international, regional or bilateral agreements that affect the rights and treatment of children in the context of international migration. Bilateral, regional and international initiatives should be encouraged in order to facilitate family reunification, implement best interest assessment and determination, and guarantee children’s right to be heard and due process safeguards. Such initiatives should ensure access to justice in cross-border situations where children whose rights are affected in the country of transit or destination need it after they have returned to the country of origin or gone to a third country. In addition, States should ensure the participation of children and civil society organizations, including regional intergovernmental institutions, in these processes. States should also avail themselves of technical cooperation from the international community and United Nations agencies and entities, including the United Nations Children’s Fund and the International Organization for Migration, for the implementation of migration policies in respect of children in line with the present joint general comment.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["III. International cooperation"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0066","docId":"crc-c-gc-23-cmw-c-gc-4","idx":66,"n":66,"text":"66. States parties should disseminate widely the present joint general comment to all stakeholders, in particular parliaments, governmental authorities, including child protection and migration authorities and personnel, and the judiciary, at all national, regional and local levels. It should be made known to all children and all relevant professionals and stakeholders, including those working for and with children (i.e., judges, lawyers, police and other law enforcement entities, teachers, guardians, social workers, staff of public or private welfare institutions and shelters, and health-care providers), the media and civil society at large.","labels":["Migrants","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. Dissemination and use of the joint general comment and reporting"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0067","docId":"crc-c-gc-23-cmw-c-gc-4","idx":67,"n":67,"text":"67. The present joint general comment should be translated into relevant languages, and child-friendly/appropriate versions and formats accessible to persons with disabilities should be made available. Conferences, seminars, workshops and other events should be held to share good practices on how best to implement it. It should also be incorporated into the formal pre- and in-service training of all concerned professionals and to technical staff in particular, as well as to child protection, migration and law enforcement authorities and personnel, and should be made available to all national and local human rights institutions and other human rights civil society organizations.","labels":["Migrants","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. Dissemination and use of the joint general comment and reporting"]},{"id":"crc-c-gc-23-cmw-c-gc-4-0068","docId":"crc-c-gc-23-cmw-c-gc-4","idx":68,"n":68,"text":"68. States parties should include in their reports under article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and article 44 of the Convention on the Rights of the Child information about the measures guided by the present joint general comments that they have implemented and their outcomes.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC","CMW"],"year":2019,"section":["IV. Dissemination and use of the joint general comment and reporting"],"citedArticles":[{"article":"73","treaty":"CMW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 73 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'."},{"article":"44","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 44 of the Convention on the Rights of the Child'."}]},{"id":"crc-gc-2001-1-0001","docId":"crc-gc-2001-1","idx":1,"n":1,"text":"Article 29, paragraph 1, of the Convention on the Rights of the Child is of far-reaching importance. The aims of education that it sets out, which have been agreed to by all States parties, promote, support and protect the core value of the Convention: the human dignity innate in every child and his or her equal and inalienable rights. These aims, set out in the five subparagraphs of article 29 (1) are all linked directly to the realization of the child’s human dignity and rights, taking into account the child’s special developmental needs and diverse evolving capacities. The aims are: the holistic development of the full potential of the child (29 (1) (a)), including development of respect for human rights (29 (1) (b)), an enhanced sense of identity and affiliation (29 (1) (c)), and his or her socialization and interaction with others (29 (1) (d)) and with the environment (29 (1) (e)).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0002","docId":"crc-gc-2001-1","idx":2,"n":2,"text":"Article 29 (1) not only adds to the right to education recognized in article 28 a qualitative dimension which reflects the rights and inherent dignity of the child; it also insists upon the need for education to be child-centred, child-friendly and empowering, and it highlights the need for educational processes to be based upon the very principles it enunciates.[[fn:1]] The education to which every child has a right is one designed to provide the child with life skills, to strengthen the child’s capacity to enjoy the full range of human rights and to promote a culture which is infused by appropriate human rights values. The goal is to empower the child by developing his or her skills, learning and other capacities, human dignity, self-esteem and self-confidence. “Education” in this context goes far beyond formal schooling to embrace the broad range of life experiences and learning processes which enable children, individually and collectively, to develop their personalities, talents and abilities and to live a full and satisfying life within society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":1,"text":"In this regard, the Committee takes note of General Comment No. 13 (1999) of the Committee on Economic, Social and Cultural Rights on the right to education, which deals, inter alia, with the aims of education under article 13 (1) of the International Covenant on Economic, Social and Cultural Rights. The Committee also draws attention to the general guidelines regarding the form and contents of periodic reports to be submitted by States parties under article 44, paragraph 1 (b), of the Convention, (CRC/C/58), paras. 112-116."}],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-gc-2001-1-0003","docId":"crc-gc-2001-1","idx":3,"n":3,"text":"The child’s right to education is not only a matter of access (art. 28) but also of content. An education with its contents firmly rooted in the values of article 29 (1) is for every child an indispensable tool for her or his efforts to achieve in the course of her or his life a balanced, human rights-friendly response to the challenges that accompany a period of fundamental change driven by globalization, new technologies and related phenomena. Such challenges include the tensions between, inter alia, the global and the local; the individual and the collective; tradition and modernity; long- and short-term considerations; competition and equality of opportunity; the expansion of knowledge and the capacity to assimilate it; and the spiritual and the material.[[fn:2]] And yet, in the national and international programmes and policies on education that really count the elements embodied in article 29 (1) seem all too often to be either largely missing or present only as a cosmetic afterthought.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":2,"text":"United Nations Educational, Scientific and Cultural Organization, Learning: The Treasure Within, Report of the International Commission on Education for the 21 Century, 1996, pp. 16-18."}],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0004","docId":"crc-gc-2001-1","idx":4,"n":4,"text":"4. Article 29 (1) states that the States parties agree that education should be directed to a wide range of values. This agreement overcomes the boundaries of religion, nation and culture built across many parts of the world. At first sight, some of the diverse values expressed in article 29 (1) might be thought to be in conflict with one another in certain situations. Thus, efforts to promote understanding, tolerance and friendship among all peoples, to which paragraph (1) (d) refers, might not always be automatically compatible with policies designed, in accordance with paragraph (1) (c), to develop respect for the child’s own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own. But in fact, part of the importance of this provision lies precisely in its recognition of the need for a balanced approach to education and one which succeeds in reconciling diverse values through dialogue and respect for difference. Moreover, children are capable of playing a unique role in bridging many of the differences that have historically separated groups of people from one another.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0005","docId":"crc-gc-2001-1","idx":5,"n":5,"text":"Article 29 (1) is much more than an inventory or listing of different objectives which education should seek to achieve. Within the overall context of the Convention it serves to highlight, inter alia, the following dimensions.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0006","docId":"crc-gc-2001-1","idx":6,"n":6,"text":"First, it emphasizes the indispensable interconnected nature of the Convention’s provisions. It draws upon, reinforces, integrates and complements a variety of other provisions and cannot be properly understood in isolation from them. In addition to the general principles of the Convention - non-discrimination (art. 2), the best interest of the child (art. 3), the right to life, survival and development (art. 6), and the right to express views and have them taken into account (art. 12) - many other provisions may be mentioned, such as but not limited to the rights and responsibilities of parents (arts. 5 and 18), freedom of expression (art. 13), freedom of thought (art. 14), the right to information (art. 17), the rights of children with disabilities (art. 23), the right to education for health (art. 24), the right to education (art. 28), and the linguistic and cultural rights of children belonging to minority groups (art. 30).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"14","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-gc-2001-1-0007","docId":"crc-gc-2001-1","idx":7,"n":7,"text":"Children’s rights are not detached or isolated values devoid of context, but exist within a broader ethical framework which is partly described in article 29 (1) and in the preamble to the Convention. Many of the criticisms that have been made of the Convention are specifically answered by this provision. Thus, for example, this article underlines the importance of respect for parents, of the need to view rights within their broader ethical, moral, spiritual, cultural or social framework, and of the fact that most children’s rights, far from being externally imposed, are embedded within the values of local communities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0008","docId":"crc-gc-2001-1","idx":8,"n":8,"text":"Second, the article attaches importance to the process by which the right to education is to be promoted. Thus, efforts to promote the enjoyment of other rights must not be undermined, and should be reinforced, by the values imparted in the educational process. This includes not only the content of the curriculum but also the educational processes, the pedagogical methods and the environment within which education takes place, whether it be the home, school, or elsewhere. Children do not lose their human rights by virtue of passing through the school gates. Thus, for example, education must be provided in a way that respects the inherent dignity of the child and enables the child to express his or her views freely in accordance with article 12 (1) and to participate in school life. Education must also be provided in a way that respects the strict limits on discipline reflected in article 28 (2) and promotes non-violence in school. The Committee has repeatedly made clear in its concluding observations that the use of corporal CRC/GC/2001/1 page 4 punishment does not respect the inherent dignity of the child nor the strict limits on school discipline. Compliance with the values recognized in article 29 (1) clearly requires that schools be child-friendly in the fullest sense of the term and that they be consistent in all respects with the dignity of the child. The participation of children in school life, the creation of school communities and student councils, peer education and peer counselling, and the involvement of children in school disciplinary proceedings should be promoted as part of the process of learning and experiencing the realization of rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"12","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"28","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0009","docId":"crc-gc-2001-1","idx":9,"n":9,"text":"Third, while article 28 focuses upon the obligations of State parties in relation to the establishment of educational systems and in ensuring access thereto, article 29 (1) underlines the individual and subjective right to a specific quality of education. Consistent with the Convention’s emphasis on the importance of acting in the best interests of the child, this article emphasizes the message of child-centred education: that the key goal of education is the development of the individual child’s personality, talents and abilities, in recognition of the fact that every child has unique characteristics, interests, abilities, and learning needs.[[fn:3]] Thus, the curriculum must be of direct relevance to the child’s social, cultural, environmental and economic context and to his or her present and future needs and take full account of the child’s evolving capacities; teaching methods should be tailored to the different needs of different children. Education must also be aimed at ensuring that essential life skills are learnt by every child and that no child leaves school without being equipped to face the challenges that he or she can expect to be confronted with in life. Basic skills include not only literacy and numeracy but also life skills such as the ability to make well-balanced decisions; to resolve conflicts in a non-violent manner; and to develop a healthy lifestyle, good social relationships and responsibility, critical thinking, creative talents, and other abilities which give children the tools needed to pursue their options in life.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":3,"text":"United Nations Educational, Scientific and Cultural Organization, The Salamanca Statement and Framework for Action on Special Needs Education, 1994, p. viii."}],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0010","docId":"crc-gc-2001-1","idx":10,"n":10,"text":"Discrimination on the basis of any of the grounds listed in article 2 of the Convention, whether it is overt or hidden, offends the human dignity of the child and is capable of undermining or even destroying the capacity of the child to benefit from educational opportunities. While denying a child’s access to educational opportunities is primarily a matter which relates to article 28 of the Convention, there are many ways in which failure to comply with the principles contained in article 29 (1) can have a similar effect. To take an extreme example, gender discrimination can be reinforced by practices such as a curriculum which is inconsistent with the principles of gender equality, by arrangements which limit the benefits girls can obtain from the educational opportunities offered, and by unsafe or unfriendly environments which discourage girls’ participation. Discrimination against children with disabilities is also pervasive in many formal educational systems and in a great many informal educational settings, including in the home.[[fn:4]] Children with HIV/AIDS are also heavily discriminated against in both settings.[[fn:5]] All such discriminatory practices are in direct contradiction with the requirements in article 29 (1) (a) that education be directed to the development of the child’s personality, talents and mental and physical abilities to their fullest potential.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":4,"text":"See General Comment No. 5 (1994) of the Committee on Economic, Social and Cultural Rights on persons with disabilities."},{"n":5,"text":"See the recommendations adopted by the Committee on the Rights of the Child after its day of general discussion in 1998 on children living in a world with HIV/AIDS (A/55/41, para. 1536)."}],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0011","docId":"crc-gc-2001-1","idx":11,"n":11,"text":"The Committee also wishes to highlight the links between article 29 (1) and the struggle against racism, racial discrimination, xenophobia and related intolerance. Racism and related phenomena thrive where there is ignorance, unfounded fears of racial, ethnic, religious, cultural and linguistic or other forms of difference, the exploitation of prejudices, or the teaching or dissemination of distorted values. A reliable and enduring antidote to all of these failings is the CRC/GC/2001/1 page 5 provision of education which promotes an understanding and appreciation of the values reflected in article 29 (1), including respect for differences, and challenges all aspects of discrimination and prejudice. Education should thus be accorded one of the highest priorities in all campaigns against the evils of racism and related phenomena. Emphasis must also be placed upon the importance of teaching about racism as it has been practised historically, and particularly as it manifests or has manifested itself within particular communities. Racist behaviour is not something engaged in only by “others”. It is therefore important to focus on the child’s own community when teaching human and children’s rights and the principle of non-discrimination. Such teaching can effectively contribute to the prevention and elimination of racism, ethnic discrimination, xenophobia and related intolerance.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0012","docId":"crc-gc-2001-1","idx":12,"n":12,"text":"Fourth, article 29 (1) insists upon a holistic approach to education which ensures that the educational opportunities made available reflect an appropriate balance between promoting the physical, mental, spiritual and emotional aspects of education, the intellectual, social and practical dimensions, and the childhood and lifelong aspects. The overall objective of education is to maximize the child’s ability and opportunity to participate fully and responsibly in a free society. It should be emphasized that the type of teaching that is focused primarily on accumulation of knowledge, prompting competition and leading to an excessive burden of work on children, may seriously hamper the harmonious development of the child to the fullest potential of his or her abilities and talents. Education should be child-friendly, inspiring and motivating the individual child. Schools should foster a humane atmosphere and allow children to develop according to their evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0013","docId":"crc-gc-2001-1","idx":13,"n":13,"text":"Fifth, it emphasizes the need for education to be designed and provided in such a way that it promotes and reinforces the range of specific ethical values enshrined in the Convention, including education for peace, tolerance, and respect for the natural environment, in an integrated and holistic manner. This may require a multidisciplinary approach. The promotion and reinforcement of the values of article 29 (1) are not only necessary because of problems elsewhere, but must also focus on problems within the child’s own community. Education in this regard should take place within the family, but schools and communities must also play an important role. For example, for the development of respect for the natural environment, education must link issues of environment and sustainable development with socio-economic, sociocultural and demographic issues. Similarly, respect for the natural environment should be learnt by children at home, in school and within the community, encompass both national and international problems, and actively involve children in local, regional or global environmental projects.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0014","docId":"crc-gc-2001-1","idx":14,"n":14,"text":"Sixth, it reflects the vital role of appropriate educational opportunities in the promotion of all other human rights and the understanding of their indivisibility. A child’s capacity to participate fully and responsibly in a free society can be impaired or undermined not only by outright denial of access to education but also by a failure to promote an understanding of the values recognized in this article. Human rights education","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001},{"id":"crc-gc-2001-1-0015","docId":"crc-gc-2001-1","idx":15,"n":15,"text":"Article 29 (1) can also be seen as a foundation stone for the various programmes of human rights education called for by the World Conference on Human Rights, held in Vienna CRC/GC/2001/1 page 6 in 1993, and promoted by international agencies. Nevertheless, the rights of the child have not always been given the prominence they require in the context of such activities. Human rights education should provide information on the content of human rights treaties. But children should also learn about human rights by seeing human rights standards implemented in practice, whether at home, in school, or within the community. Human rights education should be a comprehensive, life-long process and start with the reflection of human rights values in the daily life and experiences of children.[[fn:6]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":6,"text":"See General Assembly resolution 49/184 of 23 December 1994 proclaiming the United Nations Decade for Human Rights Education."}],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0016","docId":"crc-gc-2001-1","idx":16,"n":16,"text":"16. The values embodied in article 29 (1) are relevant to children living in zones of peace but they are even more important for those living in situations of conflict or emergency. As the Dakar Framework for Action notes, it is important in the context of education systems affected by conflict, natural calamities and instability that educational programmes be conducted in ways that promote mutual understanding, peace and tolerance, and that help to prevent violence and conflict. Education about international humanitarian law also constitutes an important, but all too often neglected, dimension of efforts to give effect to article 29 (1).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":7,"text":"Education for All: Meeting our Collective Commitments, adopted at the World Education Forum, Dakar, 26-28 April 2000."}],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0017","docId":"crc-gc-2001-1","idx":17,"n":17,"text":"The aims and values reflected in this article are stated in quite general terms and their implications are potentially very wide ranging. This seems to have led many States parties to assume that it is unnecessary, or even inappropriate, to ensure that the relevant principles are reflected in legislation or in administrative directives. This assumption is unwarranted. In the absence of any specific formal endorsement in national law or policy, it seems unlikely that the relevant principles are or will be used to genuinely inform educational policies. The Committee therefore calls upon all States parties to take the necessary steps to formally incorporate these principles into their education policies and legislation at all levels.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001},{"id":"crc-gc-2001-1-0018","docId":"crc-gc-2001-1","idx":18,"n":18,"text":"The effective promotion of article 29 (1) requires the fundamental reworking of curricula to include the various aims of education and the systematic revision of textbooks and other teaching materials and technologies, as well as school policies. Approaches which do no more than seek to superimpose the aims and values of the article on the existing system without encouraging any deeper changes are clearly inadequate. The relevant values cannot be effectively integrated into, and thus be rendered consistent with, a broader curriculum unless those who are expected to transmit, promote, teach and, as far as possible, exemplify the values have themselves been convinced of their importance. Pre-service and in-service training schemes which promote the principles reflected in article 29 (1) are thus essential for teachers, educational administrators and others involved in child education. It is also important that the teaching methods used in schools reflect the spirit and educational philosophy of the Convention on the Rights of the Child and the aims of education laid down in article 29 (1).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0019","docId":"crc-gc-2001-1","idx":19,"n":19,"text":"In addition, the school environment itself must thus reflect the freedom and the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin called for in article 29 (1) (b) and (d). A school which allows bullying or other violent and exclusionary practices to occur is not one which meets the requirements of article 29 (1). The term “human rights education” is too often used in a way which greatly oversimplifies its connotations. What is needed, in CRC/GC/2001/1 page 7 addition to formal human rights education, is the promotion of values and policies conducive to human rights not only within schools and universities but also within the broader community.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0020","docId":"crc-gc-2001-1","idx":20,"n":20,"text":"In general terms, the various initiatives that States parties are required to take pursuant to their Convention obligations will be insufficiently grounded in the absence of widespread dissemination of the text of the Convention itself, in accordance with the provisions of article 42. This will also facilitate the role of children as promoters and defenders of children’s rights in their daily lives. In order to facilitate broader dissemination, States parties should report on the measures they have taken to achieve this objective and the Office of the High Commissioner for Human Rights should develop a comprehensive database of the language versions of the Convention that have been produced.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"42","source":"regex"}]},{"id":"crc-gc-2001-1-0021","docId":"crc-gc-2001-1","idx":21,"n":21,"text":"The media, broadly defined, also have a central role to play, both in promoting the values and aims reflected in article 29 (1) and in ensuring that their activities do not undermine the efforts of others to promote those objectives. Governments are obligated by the Convention, pursuant to article 17 (a), to take all appropriate steps to “encourage the mass media to disseminate information and material of social and cultural benefit to the child”.[[fn:8]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"footnotes":[{"n":8,"text":"The Committee recalls the recommendations in this respect which emerged from its day of general discussion in 1996 on the child and the media (see A/53/41 para. 1396). - - - - -"}],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-gc-2001-1-0022","docId":"crc-gc-2001-1","idx":22,"n":22,"text":"The Committee calls upon States parties to devote more attention to education as a dynamic process and to devising means by which to measure changes over time in relation to article 29 (1). Every child has the right to receive an education of good quality which in turn requires a focus on the quality of the learning environment, of teaching and learning processes and materials, and of learning outputs. The Committee notes the importance of surveys that may provide an opportunity to assess the progress made, based upon consideration of the views of all actors involved in the process, including children currently in or out of school, teachers and youth leaders, parents, and educational administrators and supervisors. In this respect, the Committee emphasizes the role of national-level monitoring which seeks to ensure that children, parents and teachers can have an input in decisions relevant to education.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0023","docId":"crc-gc-2001-1","idx":23,"n":23,"text":"The Committee calls upon States parties to develop a comprehensive national plan of action to promote and monitor realization of the objectives listed in article 29 (1). If such a plan is drawn up in the larger context of a national action plan for children, a national human rights action plan, or a national human rights education strategy, the Government must ensure that it nonetheless addresses all of the issues dealt with in article 29 (1) and does so from a child-rights perspective. The Committee urges that the United Nations and other international bodies concerned with educational policy and human rights education seek better coordination so as to enhance the effectiveness of the implementation of article 29 (1).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0024","docId":"crc-gc-2001-1","idx":24,"n":24,"text":"The design and implementation of programmes to promote the values reflected in this article should become part of the standard response by Governments to almost all situations in which patterns of human rights violations have occurred. Thus, for example, where major incidents of racism, racial discrimination, xenophobia and related intolerance occur which involve those under 18, it can reasonably be presumed that the Government has not done all that it should to promote the values reflected in the Convention generally, and in article 29 (1) in particular. Appropriate additional measures under article 29 (1) should therefore be adopted which include research on and adoption of whatever educational techniques might have a positive impact in achieving the rights recognized in the Convention. CRC/GC/2001/1 page 8","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0025","docId":"crc-gc-2001-1","idx":25,"n":25,"text":"States parties should also consider establishing a review procedure which responds to complaints that existing policies or practices are not consistent with article 29 (1). Such review procedures need not necessarily entail the creation of new legal, administrative, or educational bodies. They might also be entrusted to national human rights institutions or to existing administrative bodies. The Committee requests each State party when reporting on this article to identify the genuine possibilities that exist at the national or local level to obtain a review of existing approaches which are claimed to be incompatible with the Convention. Information should be provided as to how such reviews can be initiated and how many such review procedures have been undertaken within the reporting period.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0026","docId":"crc-gc-2001-1","idx":26,"n":26,"text":"In order to better focus the process of examining States parties’ reports dealing with article 29 (1), and in accordance with the requirement in article 44 that reports shall indicate factors and difficulties, the Committee requests each State party to provide a detailed indication in its periodic reports of what it considers to be the most important priorities within its jurisdiction which call for a more concerted effort to promote the values reflected in this provision and to outline the programme of activities which it proposes to take over the succeeding five years in order to address the problems identified.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"44","source":"regex"}]},{"id":"crc-gc-2001-1-0027","docId":"crc-gc-2001-1","idx":27,"n":27,"text":"The Committee calls upon United Nations bodies and agencies and other competent bodies whose role is underscored in article 45 of the Convention to contribute more actively and systematically to the Committee’s work in relation to article 29 (1).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"45","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2001-1-0028","docId":"crc-gc-2001-1","idx":28,"n":28,"text":"Implementation of comprehensive national plans of action to enhance compliance with article 29 (1) will require human and financial resources which should be available to the maximum extent possible, in accordance with article 4. Therefore, the Committee considers that resource constraints cannot provide a justification for a State party’s failure to take any, or enough, of the measures that are required. In this context, and in light of the obligations upon States parties to promote and encourage international cooperation both in general terms (arts. 4 and 45 of the Convention) and in relation to education (art. 28 (3)), the Committee urges States parties providing development cooperation to ensure that their programmes are designed so as to take full account of the principles contained in article 29 (1). CRC/GC/2001/1 page 9 Notes","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2001,"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"28","paragraph":"3","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0001","docId":"crc-c-gc-10","idx":1,"n":1,"text":"1. In the reports they submit to the Committee on the Rights of the Child (hereafter: the Committee), States parties often pay quite detailed attention to the rights of children alleged as, accused of, or recognized as having infringed the penal law, also referred to as “children in conflict with the law”. In line with the Committee’s guidelines for periodic reporting, the implementation of articles 37 and 40 of the Convention on the Rights of the Child (hereafter: CRC) is the main focus of the information provided by the States parties. The Committee notes with appreciation the many efforts to establish an administration of juvenile justice in compliance with CRC. However, it is also clear that many States parties still have a long way to go in achieving full compliance with CRC, e.g. in the areas of procedural rights, the development and implementation of measures for dealing with children in conflict with the law without resorting to judicial proceedings, and the use of deprivation of liberty only as a measure of last resort.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-10-0002","docId":"crc-c-gc-10","idx":2,"n":2,"text":"2. The Committee is equally concerned about the lack of information on the measures that States parties have taken to prevent children from coming into conflict with the law. This may be the result of a lack of a comprehensive policy for the field of juvenile justice. This may also explain why many States parties are providing only very limited statistical data on the treatment of children in conflict with the law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["I. INTRODUCTION"]},{"id":"crc-c-gc-10-0003","docId":"crc-c-gc-10","idx":3,"n":3,"text":"3. The experience in reviewing the States parties’ performance in the field of juvenile justice is the reason for the present general comment, by which the Committee wants to provide the States parties with more elaborated guidance and recommendations for their efforts to establish an administration of juvenile justice in compliance with CRC. This juvenile justice, which should promote, inter alia, the use of alternative measures such as diversion and restorative justice, will provide States parties with possibilities to respond to children in conflict with the law in an effective manner serving not only the best interests of these children, but also the short and long-term interest of the society at large.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["I. INTRODUCTION"]},{"id":"crc-c-gc-10-0004","docId":"crc-c-gc-10","idx":4,"n":4,"text":"4. At the outset, the Committee wishes to underscore that CRC requires States parties to develop and implement a comprehensive juvenile justice policy. This comprehensive approach should not be limited to the implementation of the specific provisions contained in articles 37 and 40 of CRC, but should also take into account the general principles enshrined in articles 2, 3, 6 and 12, and in all other relevant articles of CRC, such as articles 4 and 39. Therefore, the objectives of this general comment are:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["II. THE OBJECTIVES OF THE PRESENT GENERAL COMMENT"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-10-0005","docId":"crc-c-gc-10","idx":5,"n":5,"text":"5. Before elaborating on the requirements of CRC in more detail, the Committee will first mention the leading principles of a comprehensive policy for juvenile justice. In the administration of juvenile justice, States parties have to apply systematically the general principles contained in articles 2, 3, 6 and 12 of CRC, as well as the fundamental principles of juvenile justice enshrined in articles 37 and 40.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-10-0006","docId":"crc-c-gc-10","idx":6,"n":6,"text":"6. States parties have to take all necessary measures to ensure that all children in conflict with the law are treated equally. Particular attention must be paid to de facto discrimination and disparities, which may be the result of a lack of a consistent policy and involve vulnerable groups of children, such as street children, children belonging to racial, ethnic, religious or linguistic minorities, indigenous children, girl children, children with disabilities and children who are repeatedly in conflict with the law (recidivists). In this regard, training of all professionals involved in the administration of juvenile justice is important (see paragraph 97 below), as well as the establishment of rules, regulations or protocols which enhance equal treatment of child offenders and provide redress, remedies and compensation.","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Non-discrimination (art. 2)"]},{"id":"crc-c-gc-10-0007","docId":"crc-c-gc-10","idx":7,"n":7,"text":"7. Many children in conflict with the law are also victims of discrimination, e.g. when they try to get access to education or to the labour market. It is necessary that measures are taken to prevent such discrimination, inter alia, as by providing former child offenders with appropriate support and assistance in their efforts to reintegrate in society, and to conduct public campaigns emphasizing their right to assume a constructive role in society (art. 40 (1)).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0008","docId":"crc-c-gc-10","idx":8,"n":8,"text":"8. It is quite common that criminal codes contain provisions criminalizing behavioural problems of children, such as vagrancy, truancy, runaways and other acts, which often are the result of psychological or socio-economic problems. It is particularly a matter of concern that girls and street children are often victims of this criminalization. These acts, also known as Status Offences, are not considered to be such if committed by adults. The Committee recommends that the States parties abolish the provisions on status offences in order to establish","labels":["Women/girls","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"56","source":"regex"}]},{"id":"crc-c-gc-10-0009","docId":"crc-c-gc-10","idx":9,"n":9,"text":"9. In addition, behaviour such as vagrancy, roaming the streets or runaways should be dealt with through the implementation of child protective measures, including effective support for parents and/or other caregivers and measures which address the root causes of this behaviour.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Non-discrimination (art. 2)"]},{"id":"crc-c-gc-10-0010","docId":"crc-c-gc-10","idx":10,"n":10,"text":"10. In all decisions taken within the context of the administration of juvenile justice, the best interests of the child should be a primary consideration. Children differ from adults in their physical and psychological development, and their emotional and educational needs. Such differences constitute the basis for the lesser culpability of children in conflict with the law. These and other differences are the reasons for a separate juvenile justice system and require a different treatment for children. The protection of the best interests of the child means, for instance, that the traditional objectives of criminal justice, such as repression/retribution, must give way to rehabilitation and restorative justice objectives in dealing with child offenders. This can be done in concert with attention to effective public safety.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Best interests of the child (art. 3)"]},{"id":"crc-c-gc-10-0011","docId":"crc-c-gc-10","idx":11,"n":11,"text":"11. This inherent right of every child should guide and inspire States parties in the development of effective national policies and programmes for the prevention of juvenile delinquency, because it goes without saying that delinquency has a very negative impact on the child’s development. Furthermore, this basic right should result in a policy of responding to juvenile delinquency in ways that support the child’s development. The death penalty and a life sentence without parole are explicitly prohibited under article 37 (a) of CRC (see paragraphs 7577 below). The use of deprivation of liberty has very negative consequences for the child’s harmonious development and seriously hampers his/her reintegration in society. In this regard, article 37 (b) explicitly provides that deprivation of liberty, including arrest, detention and imprisonment, should be used only as a measure of last resort and for the shortest appropriate period of time, so that the child’s right to development is fully respected and ensured (see paragraphs 78-88 below).[[fn:1]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"footnotes":[{"n":1,"text":"Note that the rights of a child deprived of his/her liberty, as recognized in CRC, apply with respect to children in conflict with the law, and to children placed in institutions for the purposes of care, protection or treatment, including mental health, educational, drug treatment, child protection or immigration institutions."}],"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","The right to life, survival and development (art. 6)"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0012","docId":"crc-c-gc-10","idx":12,"n":12,"text":"The right of the child to express his/her views freely in all matters affecting the child should be fully respected and implemented throughout every stage of the process of juvenile CRC/C/GC/10 page 6 justice (see paragraphs 43-45 below). The Committee notes that the voices of children involved in the juvenile justice system are increasingly becoming a powerful force for improvements and reform, and for the fulfilment of their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","The right to be heard (art. 12)"]},{"id":"crc-c-gc-10-0013","docId":"crc-c-gc-10","idx":13,"n":13,"text":"13. CRC provides a set of fundamental principles for the treatment to be accorded to children in conflict with the law:","labels":["Children","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Dignity (art. 40 (1))"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 1 of UDHR' - UDHR is a declaration, not an in-scope treaty."},{"article":"29","paragraph":"1","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text says 'art. 29 (1) (b) of CRC' explicitly."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text says 'guarantees for a fair trial recognized in article 40 (2)' in the context of juvenile justice/CRC; CRC art. 40(2) is the fair-trial provision."}]},{"id":"crc-c-gc-10-0014","docId":"crc-c-gc-10","idx":14,"n":14,"text":"14. The Committee acknowledges that the preservation of public safety is a legitimate aim of the justice system. However, it is of the opinion that this aim is best served by a full respect for and implementation of the leading and overarching principles of juvenile justice as enshrined in CRC.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["III. JUVENILE JUSTICE: THE LEADING PRINCIPLES OF A COMPREHENSIVE POLICY","Dignity (art. 40 (1))"]},{"id":"crc-c-gc-10-0015","docId":"crc-c-gc-10","idx":15,"n":15,"text":"15. A comprehensive policy for juvenile justice must deal with the following core elements: the prevention of juvenile delinquency; interventions without resorting to judicial proceedings and interventions in the context of judicial proceedings; the minimum age of criminal responsibility and the upper age-limits for juvenile justice; the guarantees for a fair trial; and deprivation of liberty including pretrial detention and post-trial incarceration.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY"]},{"id":"crc-c-gc-10-0016","docId":"crc-c-gc-10","idx":16,"n":16,"text":"16. One of the most important goals of the implementation of CRC is to promote the full and harmonious development of the child’s personality, talents and mental and physical abilities (preamble, and articles 6 and 29). The child should be prepared to live an individual and responsible life in a free society (preamble, and article 29), in which he/she can assume a constructive role with respect for human rights and fundamental freedoms (arts. 29 and 40). In this regard, parents have the responsibility to provide the child, in a manner consistent with his evolving capacities, with appropriate direction and guidance in the exercise of her/his rights as recognized in the Convention. In the light of these and other provisions of CRC, it is obviously not in the best interests of the child if he/she grows up in circumstances that may cause an increased or serious risk of becoming involved in criminal activities. Various measures should be taken for the full and equal implementation of the rights to an adequate standard of living (art. 27), to the highest attainable standard of health and access to health care (art. 24), to education (arts. 28 and 29), to protection from all forms of physical or mental violence, injury or abuse (art. 19), and from economic or sexual exploitation (arts. 32 and 34), and to other appropriate services for the care or protection of children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-10-0017","docId":"crc-c-gc-10","idx":17,"n":17,"text":"17. As stated above, a juvenile justice policy without a set of measures aimed at preventing juvenile delinquency suffers from serious shortcomings. States parties should fully integrate into their comprehensive national policy for juvenile justice the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) adopted by the General Assembly in its resolution 45/112 of 14 December 1990.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"]},{"id":"crc-c-gc-10-0018","docId":"crc-c-gc-10","idx":18,"n":18,"text":"18. The Committee fully supports the Riyadh Guidelines and agrees that emphasis should be placed on prevention policies that facilitate the successful socialization and integration of all children, in particular through the family, the community, peer groups, schools, vocational training and the world of work, as well as through voluntary organizations. This means, inter alia that prevention programmes should focus on support for particularly vulnerable families, the involvement of schools in teaching basic values (including information about the rights and responsibilities of children and parents under the law), and extending special care and attention to young persons at risk. In this regard, particular attention should also be given to children who drop out of school or otherwise do not complete their education. The use of peer group support and a strong involvement of parents are recommended. The States parties should also develop community-based services and programmes that respond to the special needs, problems, concerns and interests of children, in particular of children repeatedly in conflict with the law, and that provide appropriate counselling and guidance to their families.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"]},{"id":"crc-c-gc-10-0019","docId":"crc-c-gc-10","idx":19,"n":19,"text":"19. Articles 18 and 27 of CRC confirm the importance of the responsibility of parents for the upbringing of their children, but at the same time CRC requires States parties to provide the necessary assistance to parents (or other caretakers), in the performance of their parental responsibilities. The measures of assistance should not only focus on the prevention of negative situations, but also and even more on the promotion of the social potential of parents. There is a wealth of information on home- and family-based prevention programmes, such as parent training, programmes to enhance parent-child interaction and home visitation programmes, which can start at a very young age of the child. In addition, early childhood education has shown to be correlated with a lower rate of future violence and crime. At the community level, positive results have been achieved with programmes such as Communities that Care (CTC), a risk-focused prevention strategy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-10-0020","docId":"crc-c-gc-10","idx":20,"n":20,"text":"20. States parties should fully promote and support the involvement of children, in accordance with article 12 of CRC, and of parents, community leaders and other key actors (e.g. representatives of NGOs, probation services and social workers), in the development and implementation of prevention programmes. The quality of this involvement is a key factor in the success of these programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-10-0021","docId":"crc-c-gc-10","idx":21,"n":21,"text":"21. The Committee recommends that States parties seek support and advice from the Interagency Panel on Juvenile Justice in their efforts to develop effective prevention programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","A. Prevention of juvenile delinquency"]},{"id":"crc-c-gc-10-0022","docId":"crc-c-gc-10","idx":22,"n":22,"text":"22. Two kinds of interventions can be used by the State authorities for dealing with children alleged as, accused of, or recognized as having infringed the penal law: measures without resorting to judicial proceedings and measures in the context of judicial proceedings. The Committee reminds States parties that utmost care must be taken to ensure that the child’s human rights and legal safeguards are thereby fully respected and protected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","B. Interventions/diversion (see also section E below)"]},{"id":"crc-c-gc-10-0023","docId":"crc-c-gc-10","idx":23,"n":23,"text":"23. Children in conflict with the law, including child recidivists, have the right to be treated in ways that promote their reintegration and the child’s assuming a constructive role in society (art. 40 (1) of CRC). The arrest, detention or imprisonment of a child may be used only as a measure of last resort (art. 37 (b)). It is, therefore, necessary - as part of a comprehensive policy for juvenile justice - to develop and implement a wide range of measures to ensure that children are dealt with in a manner appropriate to their well-being, and proportionate to both their circumstances and the offence committed. These should include care, guidance and supervision, counselling, probation, foster care, educational and training programmes, and other alternatives to institutional care (art. 40 (4)).","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","B. Interventions/diversion (see also section E below)"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","paragraph":"4","source":"regex"}]},{"id":"crc-c-gc-10-0024","docId":"crc-c-gc-10","idx":24,"n":24,"text":"24. According to article 40 (3) of CRC, the States parties shall seek to promote measures for dealing with children alleged as, accused of, or recognized as having infringed the penal law without resorting to judicial proceedings, whenever appropriate and desirable. Given the fact that the majority of child offenders commit only minor offences, a range of measures involving removal from criminal/juvenile justice processing and referral to alternative (social) services (i.e. diversion) should be a well-established practice that can and should be used in most cases.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions without resorting to judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0025","docId":"crc-c-gc-10","idx":25,"n":25,"text":"25. In the opinion of the Committee, the obligation of States parties to promote measures for dealing with children in conflict with the law without resorting to judicial proceedings applies, but is certainly not limited to children who commit minor offences, such as shoplifting or other property offences with limited damage, and first-time child offenders. Statistics in many States parties indicate that a large part, and often the majority, of offences committed by children fall into these categories. It is in line with the principles set out in article 40 (1) of CRC to deal with all such cases without resorting to criminal law procedures in court. In addition to avoiding stigmatization, this approach has good results for children and is in the interests of public safety, and has proven to be more cost-effective.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions without resorting to judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0026","docId":"crc-c-gc-10","idx":26,"n":26,"text":"26. States parties should take measures for dealing with children in conflict with the law without resorting to judicial proceedings as an integral part of their juvenile justice system, and ensure that children’s human rights and legal safeguards are thereby fully respected and protected (art. 40 (3) (b)).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions without resorting to judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0027","docId":"crc-c-gc-10","idx":27,"n":27,"text":"27. It is left to the discretion of States parties to decide on the exact nature and content of the measures for dealing with children in conflict with the law without resorting to judicial proceedings, and to take the necessary legislative and other measures for their implementation. Nonetheless, on the basis of the information provided in the reports from some States parties, it is clear that a variety of community-based programmes have been developed, such as community service, supervision and guidance by for example social workers or probation officers, family conferencing and other forms of restorative justice including restitution to and compensation of victims. Other States parties should benefit from these experiences. As far as full respect for human rights and legal safeguards is concerned, the Committee refers to the relevant parts of article 40 of CRC and emphasizes the following:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions without resorting to judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-10-0028","docId":"crc-c-gc-10","idx":28,"n":28,"text":"28. When judicial proceedings are initiated by the competent authority (usually the prosecutor’s office), the principles of a fair and just trial must be applied (see section D below). At the same time, the juvenile justice system should provide for ample opportunities to deal with children in conflict with the law by using social and/or educational measures, and to strictly limit the use of deprivation of liberty, and in particular pretrial detention, as a measure of last resort. In the disposition phase of the proceedings, deprivation of liberty must be used only as a measure of last resort and for the shortest appropriate period of time (art. 37 (b)). This means that States parties should have in place a well-trained probation service to allow for the maximum and effective use of measures such as guidance and supervision orders, probation, community monitoring or day report centres, and the possibility of early release from detention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions in the context of judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0029","docId":"crc-c-gc-10","idx":29,"n":29,"text":"29. The Committee reminds States parties that, pursuant to article 40 (1) of CRC, reintegration requires that no action may be taken that can hamper the child’s full participation in his/her community, such as stigmatization, social isolation, or negative publicity of the child. For a child in conflict with the law to be dealt with in a way that promotes reintegration requires that all actions should support the child becoming a full, constructive member of his/her society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Interventions in the context of judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0030","docId":"crc-c-gc-10","idx":30,"n":30,"text":"30. The reports submitted by States parties show the existence of a wide range of minimum ages of criminal responsibility. They range from a very low level of age 7 or 8 to the commendable high level of age 14 or 16. Quite a few States parties use two minimum ages of criminal responsibility. Children in conflict with the law who at the time of the commission of the crime are at or above the lower minimum age but below the higher minimum age are assumed to be criminally responsible only if they have the required maturity in that regard. The assessment of this maturity is left to the court/judge, often without the requirement of involving a psychological expert, and results in practice in the use of the lower minimum age in cases of serious crimes. The system of two minimum ages is often not only confusing, but leaves much to the discretion of the court/judge and may result in discriminatory practices. In the light of this wide range of minimum ages for criminal responsibility the Committee feels that there is a need to provide the States parties with clear guidance and recommendations regarding the minimum age of criminal responsibility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"]},{"id":"crc-c-gc-10-0031","docId":"crc-c-gc-10","idx":31,"n":31,"text":"31. Article 40 (3) of CRC requires States parties to seek to promote, inter alia, the establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law, but does not mention a specific minimum age in this regard. The committee understands this provision as an obligation for States parties to set a minimum age of criminal responsibility (MACR). This minimum age means the following:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0032","docId":"crc-c-gc-10","idx":32,"n":32,"text":"32. Rule 4 of the Beijing Rules recommends that the beginning of MACR shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity. In line with this rule the Committee has recommended States parties not to set a MACR at a too low level and to increase the existing low MACR to an internationally acceptable level. From these recommendations, it can be concluded that a minimum age of criminal responsibility below the age of 12 years is considered by the Committee not to be internationally acceptable. States parties are encouraged to increase their lower MACR to the age of 12 years as the absolute minimum age and to continue to increase it to a higher age level.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"]},{"id":"crc-c-gc-10-0033","docId":"crc-c-gc-10","idx":33,"n":33,"text":"33. At the same time, the Committee urges States parties not to lower their MACR to the age of 12. A higher MACR, for instance 14 or 16 years of age, contributes to a juvenile justice system which, in accordance with article 40 (3) (b) of CRC, deals with children in conflict with the law without resorting to judicial proceedings, providing that the child’s human rights and legal safeguards are fully respected. In this regard, States parties should inform the Committee in their reports in specific detail how children below the MACR set in their laws are treated when they are recognized as having infringed the penal law, or are alleged as or accused of having done so, and what kinds of legal safeguards are in place to ensure that their treatment is as fair and just as that of children at or above MACR.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0034","docId":"crc-c-gc-10","idx":34,"n":34,"text":"34. The Committee wishes to express its concern about the practice of allowing exceptions to a MACR which permit the use of a lower minimum age of criminal responsibility in cases where","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"]},{"id":"crc-c-gc-10-0035","docId":"crc-c-gc-10","idx":35,"n":35,"text":"35. If there is no proof of age and it cannot be established that the child is at or above the MACR, the child shall not be held criminally responsible (see also paragraph 39 below).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","C. Age and children in conflict with the law"]},{"id":"crc-c-gc-10-0036","docId":"crc-c-gc-10","idx":36,"n":36,"text":"36. The Committee also wishes to draw the attention of States parties to the upper age-limit for the application of the rules of juvenile justice. These special rules - in terms both of special procedural rules and of rules for diversion and special measures - should apply, starting at the MACR set in the country, for all children who, at the time of their alleged commission of an offence (or act punishable under the criminal law), have not yet reached the age of 18 years.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The upper age-limit for juvenile justice"]},{"id":"crc-c-gc-10-0037","docId":"crc-c-gc-10","idx":37,"n":37,"text":"37. The Committee wishes to remind States parties that they have recognized the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in accordance with the provisions of article 40 of CRC. This means that every person under the age of 18 years at the time of the alleged commission of an offence must be treated in accordance with the rules of juvenile justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The upper age-limit for juvenile justice"],"citedArticles":[{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-10-0038","docId":"crc-c-gc-10","idx":38,"n":38,"text":"38. The Committee, therefore, recommends that those States parties which limit the applicability of their juvenile justice rules to children under the age of 16 (or lower) years, or which allow by way of exception that 16 or 17-year-old children are treated as adult criminals, change their laws with a view to achieving a non-discriminatory full application of their juvenile justice rules to all persons under the age of 18 years. The Committee notes with appreciation that some States parties allow for the application of the rules and regulations of juvenile justice to persons aged 18 and older, usually till the age of 21, either as a general rule or by way of exception.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The upper age-limit for juvenile justice"]},{"id":"crc-c-gc-10-0039","docId":"crc-c-gc-10","idx":39,"n":39,"text":"39. Finally, the Committee wishes to emphasize the fact that it is crucial for the full implementation of article 7 of CRC requiring, inter alia, that every child shall be registered immediately after birth to set age-limits one way or another, which is the case for all States parties. A child without a provable date of birth is extremely vulnerable to all kinds of abuse and injustice regarding the family, work, education and labour, particularly within the juvenile justice system. Every child must be provided with a birth certificate free of charge whenever he/she needs it to prove his/her age. If there is no proof of age, the child is entitled to a reliable medical or social investigation that may establish his/her age and, in the case of conflict or inconclusive evidence, the child shall have the right to the rule of the benefit of the doubt.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The upper age-limit for juvenile justice"],"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"}]},{"id":"crc-c-gc-10-0040","docId":"crc-c-gc-10","idx":40,"n":40,"text":"40. Article 40 (2) of CRC contains an important list of rights and guarantees that are all meant to ensure that every child alleged as or accused of having infringed the penal law receives fair treatment and trial. Most of these guarantees can also be found in article 14 of the International Covenant on Civil and Political Rights (ICCPR), which the Human Rights Committee elaborated and commented on in its general comment No. 13 (1984) (Administration of justice) which is currently in the process of being reviewed. However, the implementation of these guarantees for children does have some specific aspects which will be presented in this section. Before doing so, the Committee wishes to emphasize that a key condition for a proper and effective implementation of these rights or guarantees is the quality of the persons involved in the administration of juvenile justice. The training of professionals, such as police officers, prosecutors, legal and other representatives of the child, judges, probation officers, social workers and others is crucial and should take place in a systematic and ongoing manner. These professionals should be well informed about the child’s, and particularly about the adolescent’s physical, psychological, mental and social development, as well as about the special needs of the most vulnerable children, such as children with disabilities, displaced children, street children, refugee and asylum-seeking children, and children belonging to racial, ethnic, religious, linguistic or other minorities (see paragraphs 6-9 above). Since girls in the juvenile justice system may be easily overlooked because they represent only a small group, special attention must be paid to the particular needs of the girl child, e.g. in relation to prior abuse and special health needs. Professionals and staff should act under all circumstances in a manner consistent with the child’s dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others, and which promotes the child’s reintegration and his/her assuming a constructive role in society (art. 40 (1)). All the guarantees recognized in article 40 (2), which will be dealt with hereafter, are minimum standards, meaning that States parties can and should try to establish and observe higher standards, e.g. in the areas of legal assistance and the involvement of the child and her/his parents in the judicial process.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons in street situations","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","D. The guarantees for a fair trial"],"citedArticles":[{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Article 40 (2) of CRC' — CRC art. 40(2) (fair trial guarantees in juvenile justice)."},{"article":"14","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 14 of the International Covenant on Civil and Political Rights (ICCPR)' — ICCPR art. 14 (fair trial). Regex defaulted to CRC."},{"article":"40","paragraph":"1","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Context reference to 'article 40 (1)' of CRC — dignity/worth provision of CRC art. 40."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second occurrence of CRC art. 40(2) — same provision discussed throughout."}]},{"id":"crc-c-gc-10-0041","docId":"crc-c-gc-10","idx":41,"n":41,"text":"41. Article 40 (2) (a) of CRC affirms that the rule that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time it was committed is also applicable to children (see also article 15 of ICCPR). It means that no child can be charged with or sentenced under the penal law for acts or omissions which at the time they were committed were not prohibited under national or international law. In the light of the fact that many States parties have recently strengthened and/or expanded their criminal law provisions to prevent and combat terrorism, the Committee recommends that States parties ensure that these changes do not result in retroactive or unintended punishment of children. The Committee also wishes to remind States parties that the rule that no heavier penalty shall be imposed than the one that was applicable at the time when the criminal offence was committed, as expressed in article 15 of ICCPR, is in the light of article 41 of CRC, applicable to children in the States parties to ICCPR. No child shall be punished with a heavier penalty than the one applicable at the time of his/her infringement of the penal law. But if a change of law after the act provides for a lighter penalty, the child should benefit from this change.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","No retroactive juvenile justice (art. 40 (2) (a))"],"citedArticles":[{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'Article 40 (2) (a) of CRC affirms that the rule that no one shall be held guilty…' — CRC art. 40(2)(a)."},{"article":"15","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states '(see also article 15 of ICCPR)' — ICCPR art. 15 (no punishment without law). Regex defaulted to CRC."},{"article":"15","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'the rule that no heavier penalty … as expressed in article 15 of ICCPR' — ICCPR art. 15."},{"article":"41","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'in the light of article 41 of CRC' — CRC art. 41 (most favourable standards clause). Home treaty."}]},{"id":"crc-c-gc-10-0042","docId":"crc-c-gc-10","idx":42,"n":42,"text":"42. The presumption of innocence is fundamental to the protection of the human rights of children in conflict with the law. It means that the burden of proof of the charge(s) brought against the child is on the prosecution. The child alleged as or accused of having infringed the penal law has the benefit of doubt and is only guilty as charged if these charges have been proven beyond reasonable doubt. The child has the right to be treated in accordance with this presumption and it is the duty of all public authorities or others involved to refrain from prejudging the outcome of the trial. States parties should provide information about child development to ensure that this presumption of innocence is respected in practice. Due to the lack of understanding of the process, immaturity, fear or other reasons, the child may behave in a suspicious manner, but the authorities must not assume that the child is guilty without proof of guilt beyond any reasonable doubt.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The presumption of innocence (art. 40 (2) (b) (i))"]},{"id":"crc-c-gc-10-0043","docId":"crc-c-gc-10","idx":43,"n":43,"text":"43. Article 12 (2) of CRC requires that a child be provided with the opportunity to be heard in any judicial or administrative proceedings affecting the child, either directly or through a representative or an appropriate body in a manner consistent with the procedural rules of national law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-10-0044","docId":"crc-c-gc-10","idx":44,"n":44,"text":"44. It is obvious that for a child alleged as, accused of, or recognized as having infringed the penal law, the right to be heard is fundamental for a fair trial. It is equally obvious that the child has the right to be heard directly and not only through a representative or an appropriate body if it is in her/his best interests. This right must be fully observed at all stages of the process, starting with pretrial stage when the child has the right to remain silent, as well as the right to be heard by the police, the prosecutor and the investigating judge. But it also applies to the stages of adjudication and of implementation of the imposed measures. In other words, the child must be given the opportunity to express his/her views freely, and those views should be given due weight in accordance with the age and maturity of the child (art. 12 (1)), throughout the juvenile justice process. This means that the child, in order to effectively participate in the proceedings, must be informed not only of the charges (see paragraphs 47-48 below), but also of the juvenile justice process as such and of the possible measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0045","docId":"crc-c-gc-10","idx":45,"n":45,"text":"45. The child should be given the opportunity to express his/her views concerning the (alternative) measures that may be imposed, and the specific wishes or preferences he/she may have in this regard should be given due weight. Alleging that the child is criminally responsible implies that he/she should be competent and able to effectively participate in the decisions regarding the most appropriate response to allegations of his/her infringement of the penal law (see paragraph 46 below). It goes without saying that the judges involved are responsible for taking the decisions. But to treat the child as a passive object does not recognize his/her rights nor does it contribute to an effective response to his/her behaviour. This also applies to the implementation of the measure(s) imposed. Research shows that an active engagement of the child in this implementation will, in most cases, contribute to a positive result.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to be heard (art. 12)"]},{"id":"crc-c-gc-10-0046","docId":"crc-c-gc-10","idx":46,"n":46,"text":"46. A fair trial requires that the child alleged as or accused of having infringed the penal law be able to effectively participate in the trial, and therefore needs to comprehend the charges, and possible consequences and penalties, in order to direct the legal representative, to challenge witnesses, to provide an account of events, and to make appropriate decisions about evidence, testimony and the measure(s) to be imposed. Article 14 of the Beijing Rules provides that the proceedings should be conducted in an atmosphere of understanding to allow the child to participate and to express himself/herself freely. Taking into account the child’s age and maturity may also require modified courtroom procedures and practices.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to effective participation in the proceedings (art 40 (2) (b) (iv))"],"citedArticles":[{"treaty":"CRC","article":"14","source":"regex"}]},{"id":"crc-c-gc-10-0047","docId":"crc-c-gc-10","idx":47,"n":47,"text":"47. Every child alleged as or accused of having infringed the penal law has the right to be informed promptly and directly of the charges brought against him/her. Prompt and direct means as soon as possible, and that is when the prosecutor or the judge initially takes procedural steps against the child. But also when the authorities decide to deal with the case without resorting to judicial proceedings, the child must be informed of the charge(s) that may justify this approach. This is part of the requirement of article 40 (3) (b) of CRC that legal safeguards should be fully respected. The child should be informed in a language he/she understands. This may require a presentation of the information in a foreign language but also a “translation” of the formal legal jargon often used in criminal/juvenile charges into a language that the child can understand.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to effective participation in the proceedings (art 40 (2) (b) (iv))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0048","docId":"crc-c-gc-10","idx":48,"n":48,"text":"48. Providing the child with an official document is not enough and an oral explanation may often be necessary. The authorities should not leave this to the parents or legal guardians or the child’s legal or other assistance. It is the responsibility of the authorities (e.g. police, prosecutor, judge) to make sure that the child understands each charge brought against him/her. The Committee is of the opinion that the provision of this information to the parents or legal guardians should not be an alternative to communicating this information to the child. It is most appropriate if both the child and the parents or legal guardians receive the information in such a way that they can understand the charge(s) and the possible consequences.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to effective participation in the proceedings (art 40 (2) (b) (iv))"]},{"id":"crc-c-gc-10-0049","docId":"crc-c-gc-10","idx":49,"n":49,"text":"49. The child must be guaranteed legal or other appropriate assistance in the preparation and presentation of his/her defence. CRC does require that the child be provided with assistance, which is not necessarily under all circumstances legal but it must be appropriate. It is left to the discretion of States parties to determine how this assistance is provided but it should be free of charge. The Committee recommends the State parties provide as much as possible for adequate trained legal assistance, such as expert lawyers or paralegal professionals. Other appropriate assistance is possible (e.g. social worker), but that person must have sufficient knowledge and understanding of the various legal aspects of the process of juvenile justice and must be trained to work with children in conflict with the law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"]},{"id":"crc-c-gc-10-0050","docId":"crc-c-gc-10","idx":50,"n":50,"text":"50. As required by article 14 (3) (b) of ICCPR, the child and his/her assistant must have adequate time and facilities for the preparation of his/her defence. Communications between the child and his/her assistance, either in writing or orally, should take place under such conditions that the confidentiality of such communications is fully respected in accordance with the guarantee provided for in article 40 (2) (b) (vii) of CRC, and the right of the child to be protected against interference with his/her privacy and correspondence (art. 16 of CRC). A number of States parties have made reservations regarding this guarantee (art. 40 (2) (b) (ii) of CRC), apparently assuming that it requires exclusively the provision of legal assistance and therefore by a lawyer. That is not the case and such reservations can and should be withdrawn.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"],"citedArticles":[{"article":"14","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'As required by article 14 (3) (b) of ICCPR' — ICCPR art. 14(3)(b) (adequate time for defence). Regex defaulted to CRC."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'guarantee provided for in article 40 (2) (b) (vii) of CRC' — CRC art. 40(2)(b)(vii) (confidentiality of communications)."},{"article":"16","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'the right of the child to be protected against interference with his/her privacy and correspondence (art. 16 of CRC)' — CRC art. 16 (privacy)."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'reservations regarding this guarantee (art. 40 (2) (b) (ii) of CRC)' — CRC art. 40(2)(b)(ii)."}]},{"id":"crc-c-gc-10-0051","docId":"crc-c-gc-10","idx":51,"n":51,"text":"51. Internationally there is a consensus that for children in conflict with the law the time between the commission of the offence and the final response to this act should be as short as","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))"],"citedArticles":[{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'article 37 (d) of CRC, where the child deprived of liberty has the right to a prompt decision' — CRC art. 37(d) (prompt review of detention)."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'the term \"without delay\" (art. 40 (2) (b) (iii) of CRC)' — CRC art. 40(2)(b)(iii)."},{"article":"14","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text states '\"without undue delay\" of article 14 (3) (c) of ICCPR' — ICCPR art. 14(3)(c). Regex defaulted to CRC."}]},{"id":"crc-c-gc-10-0052","docId":"crc-c-gc-10","idx":52,"n":52,"text":"52. The Committee recommends that the States parties set and implement time limits for the period between the commission of the offence and the completion of the police investigation, the decision of the prosecutor (or other competent body) to bring charges against the child, and the final adjudication and decision by the court or other competent judicial body. These time limits should be much shorter than those set for adults. But at the same time, decisions without delay should be the result of a process in which the human rights of the child and legal safeguards are fully respected. In this decision-making process without delay, the legal or other appropriate assistance must be present. This presence should not be limited to the trial before the court or other judicial body, but also applies to all other stages of the process, beginning with the interviewing (interrogation) of the child by the police.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-10-0053","docId":"crc-c-gc-10","idx":53,"n":53,"text":"53. Parents or legal guardians should also be present at the proceedings because they can provide general psychological and emotional assistance to the child. The presence of parents does not mean that parents can act in defence of the child or be involved in the decision-making process. However, the judge or competent authority may decide, at the request of the child or of his/her legal or other appropriate assistance or because it is not in the best interests of the child (art. 3 of CRC), to limit, restrict or exclude the presence of the parents from the proceedings.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-10-0054","docId":"crc-c-gc-10","idx":54,"n":54,"text":"54. The Committee recommends that States parties explicitly provide by law for the maximum possible involvement of parents or legal guardians in the proceedings against the child. This involvement shall in general contribute to an effective response to the child’s infringement of the penal law. To promote parental involvement, parents must be notified of the apprehension of their child as soon as possible.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-10-0055","docId":"crc-c-gc-10","idx":55,"n":55,"text":"55. At the same time, the Committee regrets the trend in some countries to introduce the punishment of parents for the offences committed by their children. Civil liability for the damage caused by the child’s act can, in some limited cases, be appropriate, in particular for the younger children (e.g. below 16 years of age). But criminalizing parents of children in conflict with the law will most likely not contribute to their becoming active partners in the social reintegration of their child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-10-0056","docId":"crc-c-gc-10","idx":56,"n":56,"text":"56. In line with article 14 (3) (g) of ICCPR, CRC requires that a child be not compelled to give testimony or to confess or acknowledge guilt. This means in the first place - and self-evidently - that torture, cruel, inhuman or degrading treatment in order to extract an admission or a confession constitutes a grave violation of the rights of the child (art. 37 (a) of CRC) and is wholly unacceptable. No such admission or confession can be admissible as evidence (article 15 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iii))"],"citedArticles":[{"article":"14","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'In line with article 14 (3) (g) of ICCPR, CRC requires that a child be not compelled to give testimony…' — ICCPR art. 14(3)(g). Regex defaulted to CRC."},{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states '(art. 37 (a) of CRC)' — CRC art. 37(a) (prohibition of torture)."},{"article":"15","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly states '(article 15 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment)' — CAT art. 15 (exclusion of evidence obtained by torture). Regex defaulted to CRC."}]},{"id":"crc-c-gc-10-0057","docId":"crc-c-gc-10","idx":57,"n":57,"text":"57. There are many other less violent ways to coerce or to lead the child to a confession or a self-incriminatory testimony. The term “compelled” should be interpreted in a broad manner and not be limited to physical force or other clear violations of human rights. The age of the child, the child’s development, the length of the interrogation, the child’s lack of understanding, the fear of unknown consequences or of a suggested possibility of imprisonment may lead him/her to a confession that is not true. That may become even more likely if rewards are promised such as: “You can go home as soon as you have given us the true story”, or lighter sanctions or release are promised.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-10-0058","docId":"crc-c-gc-10","idx":58,"n":58,"text":"58. The child being questioned must have access to a legal or other appropriate representative, and must be able to request the presence of his/her parent(s) during questioning. There must be independent scrutiny of the methods of interrogation to ensure that the evidence is voluntary and not coerced, given the totality of the circumstances, and is reliable. The court or other judicial body, when considering the voluntary nature and reliability of an admission or confession by a child, must take into account the age of the child, the length of custody and interrogation, and the presence of legal or other counsel, parent(s), or independent representatives of the child. Police officers and other investigating authorities should be well trained to avoid interrogation techniques and practices that result in coerced or unreliable confessions or testimonies.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-10-0059","docId":"crc-c-gc-10","idx":59,"n":59,"text":"59. The guarantee in article 40 (2) (b) (iv) of CRC underscores that the principle of equality of arms (i.e. under conditions of equality or parity between defence and prosecution) should be observed in the administration of juvenile justice. The term “to examine or to have examined” refers to the fact that there are distinctions in the legal systems, particularly between the accusatorial and inquisitorial trials. In the latter, the defendant is often allowed to examine witnesses although he/she rarely uses this right, leaving examination of the witnesses to the lawyer or, in the case of children, to another appropriate body. However, it remains important that the lawyer or other representative informs the child of the possibility to examine witnesses and to allow him/her to express his/her views in that regard, views which should be given due weight in accordance with the age and maturity of the child (art. 12).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Presence and examination of witnesses (art. 40 (2) (b) (iv))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-10-0060","docId":"crc-c-gc-10","idx":60,"n":60,"text":"60. The child has the right to appeal against the decision by which he is found guilty of the charge(s) brought against him/her and against the measures imposed as a consequence of this guilty verdict. This appeal should be decided by a higher, competent, independent and impartial authority or judicial body, in other words, a body that meets the same standards and requirements as the one that dealt with the case in the first instance. This guarantee is similar to the one expressed in article 14 (5) of ICCPR. This right of appeal is not limited to the most serious offences.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to appeal (art. 40 (2) (b) (v))"],"citedArticles":[{"treaty":"ICCPR","article":"14","paragraph":"5","source":"regex"}]},{"id":"crc-c-gc-10-0061","docId":"crc-c-gc-10","idx":61,"n":61,"text":"61. This seems to be the reason why quite a few States parties have made reservations regarding this provision in order to limit this right of appeal by the child to the more serious offences and/or imprisonment sentences. The Committee reminds States parties to the ICCPR","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","The right to appeal (art. 40 (2) (b) (v))"],"citedArticles":[{"article":"14","paragraph":"5","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'a similar provision is made in article 14 (5) of the Covenant' and context_before confirms 'article 14 (5) of ICCPR'. Regex defaulted to CRC."},{"article":"41","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'In the light of article 41 of CRC' — CRC art. 41 (most favourable standards)."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'the provision in article 40 (2) (b) (v)' — CRC art. 40(2)(b)(v) (right of appeal)."}]},{"id":"crc-c-gc-10-0062","docId":"crc-c-gc-10","idx":62,"n":62,"text":"62. If a child cannot understand or speak the language used by the juvenile justice system, he/she has the right to get free assistance of an interpreter. This assistance should not be limited to the court trial but should also be available at all stages of the juvenile justice process. It is also important that the interpreter has been trained to work with children, because the use and understanding of their mother tongue might be different from that of adults. Lack of knowledge and/or experience in that regard may impede the child’s full understanding of the questions raised, and interfere with the right to a fair trial and to effective participation. The condition starting with “if”, “if the child cannot understand or speak the language used”, means that a child of a foreign or ethnic origin for example, who - besides his/her mother tongue - understands and speaks the official language, does not have to be provided with the free assistance of an interpreter.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Free assistance of an interpreter (art. 40 (2) (vi))"]},{"id":"crc-c-gc-10-0063","docId":"crc-c-gc-10","idx":63,"n":63,"text":"63. The Committee also wishes to draw the attention of States parties to children with speech impairment or other disabilities. In line with the spirit of article 40 (2) (vi), and in accordance with the special protection measures provided to children with disabilities in article 23, the Committee recommends that States parties ensure that children with speech impairment or other disabilities are provided with adequate and effective assistance by well-trained professionals, e.g. in sign language, in case they are subject to the juvenile justice process (see also in this regard general comment No. 9 (The rights of children with disabilities) of the Committee on the Rights of the Child.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Free assistance of an interpreter (art. 40 (2) (vi))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-10-0064","docId":"crc-c-gc-10","idx":64,"n":64,"text":"64. The right of a child to have his/her privacy fully respected during all stages of the proceedings reflects the right to protection of privacy enshrined in article 16 of CRC. “All stages of the proceedings” includes from the initial contact with law enforcement (e.g. a request for information and identification) up until the final decision by a competent authority, or release from supervision, custody or deprivation of liberty. In this particular context, it is meant to avoid harm caused by undue publicity or by the process of labelling. No information shall be published that may lead to the identification of a child offender because of its effect of stigmatization, and possible impact on his/her ability to have access to education, work, housing or to be safe. It means that a public authority should be very reluctant with press releases related to offences allegedly committed by children and limit them to very exceptional cases. They must take measures to guarantee that children are not identifiable via these press releases. Journalists who violate the right to privacy of a child in conflict with the law should be sanctioned with disciplinary and when necessary (e.g. in case of recidivism) with penal law sanctions.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-c-gc-10-0065","docId":"crc-c-gc-10","idx":65,"n":65,"text":"65. In order to protect the privacy of the child, most States parties have as a rule - sometimes with the possibility of exceptions - that the court or other hearings of a child accused of an","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-10-0066","docId":"crc-c-gc-10","idx":66,"n":66,"text":"66. The Committee recommends that all States parties introduce the rule that court and other hearings of a child in conflict with the law be conducted behind closed doors. Exceptions to this rule should be very limited and clearly stated in the law. The verdict/sentence should be pronounced in public at a court session in such a way that the identity of the child is not revealed. The right to privacy (art. 16) requires all professionals involved in the implementation of the measures taken by the court or another competent authority to keep all information that may result in the identification of the child confidential in all their external contacts. Furthermore, the right to privacy also means that the records of child offenders should be kept strictly confidential and closed to third parties except for those directly involved in the investigation and adjudication of, and the ruling on, the case. With a view to avoiding stigmatization and/or prejudgements, records of child offenders should not be used in adult proceedings in subsequent cases involving the same offender (see the Beijing Rules, rules 21.1 and 21.2), or to enhance such future sentencing.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-c-gc-10-0067","docId":"crc-c-gc-10","idx":67,"n":67,"text":"67. The Committee also recommends that the States parties introduce rules which would allow for an automatic removal from the criminal records of the name of the child who committed an offence upon reaching the age of 18, or for certain limited, serious offences where removal is possible at the request of the child, if necessary under certain conditions (e.g. not having committed an offence within two years after the last conviction).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-10-0068","docId":"crc-c-gc-10","idx":68,"n":68,"text":"68. The decision to initiate a formal criminal law procedure does not necessarily mean that this procedure must be completed with a formal court sentence for a child. In line with the observations made above in section B, the Committee wishes to emphasize that the competent authorities - in most States the office of the public prosecutor - should continuously explore the possibilities of alternatives to a court conviction. In other words, efforts to achieve an appropriate conclusion of the case by offering measures like the ones mentioned above in section B should continue. The nature and duration of these measures offered by the prosecution may be more demanding, and legal or other appropriate assistance for the child is then necessary. The performance of such a measure should be presented to the child as a way to suspend the formal criminal/juvenile law procedure, which will be terminated if the measure has been carried out in a satisfactory manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"]},{"id":"crc-c-gc-10-0069","docId":"crc-c-gc-10","idx":69,"n":69,"text":"69. In this process of offering alternatives to a court conviction at the level of the prosecutor, the child’s human rights and legal safeguards should be fully respected. In this regard, the Committee refers to the recommendations set out in paragraph 27 above, which equally apply here.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"]},{"id":"crc-c-gc-10-0070","docId":"crc-c-gc-10","idx":70,"n":70,"text":"70. After a fair and just trial in full compliance with article 40 of CRC (see chapter IV, section D, above), a decision is made regarding the measures which should be imposed on the child found guilty of the alleged offence(s). The laws must provide the court/judge, or other competent, independent and impartial authority or judicial body, with a wide variety of possible alternatives to institutional care and deprivation of liberty, which are listed in a non-exhaustive manner in article 40 (4) of CRC, to assure that deprivation of liberty be used only as a measure of last resort and for the shortest possible period of time (art. 37 (b) of CRC).","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"],"citedArticles":[{"treaty":"CRC","article":"40","source":"regex"},{"treaty":"CRC","article":"40","paragraph":"4","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0071","docId":"crc-c-gc-10","idx":71,"n":71,"text":"71. The Committee wishes to emphasize that the reaction to an offence should always be in proportion not only to the circumstances and the gravity of the offence, but also to the age, lesser culpability, circumstances and needs of the child, as well as to the various and particularly longterm needs of the society. A strictly punitive approach is not in accordance with the leading principles for juvenile justice spelled out in article 40 (1) of CRC (see paragraphs 5-14 above). The Committee reiterates that corporal punishment as a sanction is a violation of these principles as well as of article 37 which prohibits all forms of cruel, inhuman and degrading treatment or punishment (see also the Committee’s general comment No. 8 (2006) (The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment)). In cases of severe offences by children, measures proportionate to the circumstances of the offender and to the gravity of the offence may be considered, including considerations of the need of public safety and sanctions. In the case of children, such considerations must always be outweighed by the need to safeguard the well-being and the best interests of the child and to promote his/her reintegration.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0072","docId":"crc-c-gc-10","idx":72,"n":72,"text":"72. The Committee notes that if a penal disposition is linked to the age of a child, and there is conflicting, inconclusive or uncertain evidence of the child’s age, he/she shall have the right to the rule of the benefit of the doubt (see also paragraphs 35 and 39 above).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"]},{"id":"crc-c-gc-10-0073","docId":"crc-c-gc-10","idx":73,"n":73,"text":"73. As far as alternatives to deprivation of liberty/institutional care are concerned, there is a wide range of experience with the use and implementation of such measures. States parties should benefit from this experience, and develop and implement these alternatives by adjusting them to their own culture and tradition. It goes without saying that measures amounting to forced labour or to torture or inhuman and degrading treatment must be explicitly prohibited, and those responsible for such illegal practices should be brought to justice.","labels":["Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"]},{"id":"crc-c-gc-10-0074","docId":"crc-c-gc-10","idx":74,"n":74,"text":"74. After these general remarks, the Committee wishes to draw attention to the measures prohibited under article 37 (a) of CRC, and to deprivation of liberty.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Pretrial alternatives"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0075","docId":"crc-c-gc-10","idx":75,"n":75,"text":"75. Article 37 (a) of CRC reaffirms the internationally accepted standard (see for example article 6 (5) of ICCPR) that the death penalty cannot be imposed for a crime committed by a person who at that time was under 18 years of age. Although the text is clear, there are States parties that assume that the rule only prohibits the execution of persons below the age of 18 years. However, under this rule the explicit and decisive criteria is the age at the time of the","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Prohibition of the death penalty"],"citedArticles":[{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'Article 37 (a) of CRC reaffirms the internationally accepted standard' — CRC art. 37(a) (prohibition of death penalty for crimes committed under 18)."},{"article":"6","paragraph":"5","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states '(see for example article 6 (5) of ICCPR)' — ICCPR art. 6(5) (no death penalty for persons under 18 at time of offence). Regex defaulted to CRC."}]},{"id":"crc-c-gc-10-0076","docId":"crc-c-gc-10","idx":76,"n":76,"text":"76. The Committee recommends the few States parties that have not done so yet to abolish the death penalty for all offences committed by persons below the age of 18 years and to suspend the execution of all death sentences for those persons till the necessary legislative measures abolishing the death penalty for children have been fully enacted. The imposed death penalty should be changed to a sanction that is in full conformity with CRC.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Prohibition of the death penalty"]},{"id":"crc-c-gc-10-0077","docId":"crc-c-gc-10","idx":77,"n":77,"text":"77. No child who was under the age of 18 at the time he or she committed an offence should be sentenced to life without the possibility of release or parole. For all sentences imposed upon children the possibility of release should be realistic and regularly considered. In this regard, the Committee refers to article 25 of CRC providing the right to periodic review for all children placed for the purpose of care, protection or treatment. The Committee reminds the States parties which do sentence children to life imprisonment with the possibility of release or parole that this sanction must fully comply with and strive for the realization of the aims of juvenile justice enshrined in article 40 (1) of CRC. This means inter alia that the child sentenced to this imprisonment should receive education, treatment, and care aiming at his/her release, reintegration and ability to assume a constructive role in society. This also requires a regular review of the child’s development and progress in order to decide on his/her possible release. Given the likelihood that a life imprisonment of a child will make it very difficult, if not impossible, to achieve the aims of juvenile justice despite the possibility of release, the Committee strongly recommends the States parties to abolish all forms of life imprisonment for offences committed by persons under the age of 18.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","No life imprisonment without parole"],"citedArticles":[{"treaty":"CRC","article":"25","source":"regex"},{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-10-0078","docId":"crc-c-gc-10","idx":78,"n":78,"text":"78. Article 37 of CRC contains the leading principles for the use of deprivation of liberty, the procedural rights of every child deprived of liberty, and provisions concerning the treatment of and conditions for children deprived of their liberty.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","F. Deprivation of liberty, including pretrial detention and post-trial incarceration"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0079","docId":"crc-c-gc-10","idx":79,"n":79,"text":"79. The leading principles for the use of deprivation of liberty are: (a) the arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; and (b) no child shall be deprived of his/her liberty unlawfully or arbitrarily.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Basic principles"]},{"id":"crc-c-gc-10-0080","docId":"crc-c-gc-10","idx":80,"n":80,"text":"80. The Committee notes with concern that, in many countries, children languish in pretrial detention for months or even years, which constitutes a grave violation of article 37 (b) of CRC. An effective package of alternatives must be available (see chapter IV, section B, above), for the States parties to realize their obligation under article 37 (b) of CRC to use deprivation of liberty only as a measure of last resort. The use of these alternatives must be carefully structured to reduce the use of pretrial detention as well, rather than “widening the net” of sanctioned children. In addition, the States parties should take adequate legislative and other measures to reduce the use of pretrial detention. Use of pretrial detention as a punishment violates the presumption of innocence. The law should clearly state the conditions that are required to determine whether to place or keep a child in pretrial detention, in particular to ensure his/her appearance at the court proceedings, and whether he/she is an immediate danger to himself/herself or others. The duration of pretrial detention should be limited by law and be subject to regular review.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Basic principles"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0081","docId":"crc-c-gc-10","idx":81,"n":81,"text":"81. The Committee recommends that the State parties ensure that a child can be released from pretrial detention as soon as possible, and if necessary under certain conditions. Decisions regarding pretrial detention, including its duration, should be made by a competent, independent and impartial authority or a judicial body, and the child should be provided with legal or other appropriate assistance.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Basic principles"]},{"id":"crc-c-gc-10-0082","docId":"crc-c-gc-10","idx":82,"n":82,"text":"82. Every child deprived of his/her liberty has the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-10-0083","docId":"crc-c-gc-10","idx":83,"n":83,"text":"83. Every child arrested and deprived of his/her liberty should be brought before a competent authority to examine the legality of (the continuation of) this deprivation of liberty within 24 hours. The Committee also recommends that the States parties ensure by strict legal provisions that the legality of a pretrial detention is reviewed regularly, preferably every two weeks. In case a conditional release of the child, e.g. by applying alternative measures, is not possible, the child should be formally charged with the alleged offences and be brought before a court or other competent, independent and impartial authority or judicial body, not later than 30 days after his/her pretrial detention takes effect. The Committee, conscious of the practice of adjourning court hearings, often more than once, urges the States parties to introduce the legal provisions necessary to ensure that the court/juvenile judge or other competent body makes a final decision on the charges not later than six months after they have been presented.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-10-0084","docId":"crc-c-gc-10","idx":84,"n":84,"text":"84. The right to challenge the legality of the deprivation of liberty includes not only the right to appeal, but also the right to access the court, or other competent, independent and impartial authority or judicial body, in cases where the deprivation of liberty is an administrative decision (e.g. the police, the prosecutor and other competent authority). The right to a prompt decision means that a decision must be rendered as soon as possible, e.g. within or not later than two weeks after the challenge is made.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-10-0085","docId":"crc-c-gc-10","idx":85,"n":85,"text":"85. Every child deprived of liberty shall be separated from adults. A child deprived of his/her liberty shall not be placed in an adult prison or other facility for adults. There is abundant evidence that the placement of children in adult prisons or jails compromises their basic safety, well-being, and their future ability to remain free of crime and to reintegrate. The permitted exception to the separation of children from adults stated in article 37 (c) of CRC, “unless it is considered in the child’s best interests not to do so”, should be interpreted narrowly; the child’s","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Treatment and conditions (art. 37 (c))"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0086","docId":"crc-c-gc-10","idx":86,"n":86,"text":"86. This rule does not mean that a child placed in a facility for children has to be moved to a facility for adults immediately after he/she turns 18. Continuation of his/her stay in the facility for children should be possible if that is in his/her best interest and not contrary to the best interests of the younger children in the facility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Treatment and conditions (art. 37 (c))"]},{"id":"crc-c-gc-10-0087","docId":"crc-c-gc-10","idx":87,"n":87,"text":"87. Every child deprived of liberty has the right to maintain contact with his/her family through correspondence and visits. In order to facilitate visits, the child should be placed in a facility that is as close as possible to the place of residence of his/her family. Exceptional circumstances that may limit this contact should be clearly described in the law and not be left to the discretion of the competent authorities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Treatment and conditions (art. 37 (c))"]},{"id":"crc-c-gc-10-0088","docId":"crc-c-gc-10","idx":88,"n":88,"text":"88. The Committee draws the attention of States parties to the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, adopted by the General Assembly in its resolution 45/113 of 14 December 1990. The Committee urges the States parties to fully implement these rules, while also taking into account as far as relevant the Standard Minimum Rules for the Treatment of Prisoners (see also rule 9 of the Beijing Rules). In this regard, the Committee recommends that the States parties incorporate these rules into their national laws and regulations, and make them available, in the national or regional language, to all professionals, NGOs and volunteers involved in the administration of juvenile justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Treatment and conditions (art. 37 (c))"]},{"id":"crc-c-gc-10-0089","docId":"crc-c-gc-10","idx":89,"n":89,"text":"89. The Committee wishes to emphasize that, inter alia, the following principles and rules need to be observed in all cases of deprivation of liberty:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["IV. JUVENILE JUSTICE: THE CORE ELEMENTS OF A COMPREHENSIVE POLICY","Treatment and conditions (art. 37 (c))"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-10-0090","docId":"crc-c-gc-10","idx":90,"n":90,"text":"90. In order to ensure the full implementation of the principles and rights elaborated in the previous paragraphs, it is necessary to establish an effective organization for the administration of juvenile justice, and a comprehensive juvenile justice system. As stated in article 40 (3) of CRC, States parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children in conflict with the penal law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-10-0091","docId":"crc-c-gc-10","idx":91,"n":91,"text":"91. What the basic provisions of these laws and procedures are required to be, has been presented in the present general comment. More and other provisions are left to the discretion of States parties. This also applies to the form of these laws and procedures. They can be laid down in special chapters of the general criminal and procedural law, or be brought together in a separate act or law on juvenile justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"]},{"id":"crc-c-gc-10-0092","docId":"crc-c-gc-10","idx":92,"n":92,"text":"92. A comprehensive juvenile justice system further requires the establishment of specialized units within the police, the judiciary, the court system, the prosecutor’s office, as well as specialized defenders or other representatives who provide legal or other appropriate assistance to the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"]},{"id":"crc-c-gc-10-0093","docId":"crc-c-gc-10","idx":93,"n":93,"text":"93. The Committee recommends that the States parties establish juvenile courts either as separate units or as part of existing regional/district courts. Where that is not immediately feasible for practical reasons, the States parties should ensure the appointment of specialized judges or magistrates for dealing with cases of juvenile justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"]},{"id":"crc-c-gc-10-0094","docId":"crc-c-gc-10","idx":94,"n":94,"text":"94. In addition, specialized services such as probation, counselling or supervision should be established together with specialized facilities including for example day treatment centres and, where necessary, facilities for residential care and treatment of child offenders. In this juvenile justice system, an effective coordination of the activities of all these specialized units, services and facilities should be promoted in an ongoing manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"]},{"id":"crc-c-gc-10-0095","docId":"crc-c-gc-10","idx":95,"n":95,"text":"95. It is clear from many States parties’ reports that non-governmental organizations can and do play an important role not only in the prevention of juvenile delinquency as such, but also in the administration of juvenile justice. The Committee therefore recommends that States parties seek the active involvement of these organizations in the development and implementation of their comprehensive juvenile justice policy and provide them with the necessary resources for this involvement.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["V. THE ORGANIZATION OF JUVENILE JUSTICE"]},{"id":"crc-c-gc-10-0096","docId":"crc-c-gc-10","idx":96,"n":96,"text":"96. Children who commit offences are often subject to negative publicity in the media, which contributes to a discriminatory and negative stereotyping of these children and often of children in general. This negative presentation or criminalization of child offenders is often based on misrepresentation and/or misunderstanding of the causes of juvenile delinquency, and results regularly in a call for a tougher approach (e.g. zero-tolerance, three strikes and you are out, mandatory sentences, trial in adult courts and other primarily punitive measures). To create a positive environment for a better understanding of the root causes of juvenile delinquency and a rights-based approach to this social problem, the States parties should conduct, promote and/or support educational and other campaigns to raise awareness of the need and the obligation to deal with children alleged of violating the penal law in accordance with the spirit and the letter of CRC. In this regard, the States parties should seek the active and positive involvement of members of parliament, NGOs and the media, and support their efforts in the improvement of the understanding of a rights-based approach to children who have been or are in conflict with the penal law. It is crucial for children, in particular those who have experience with the juvenile justice system, to be involved in these awareness-raising efforts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["VI. AWARENESS-RAISING AND TRAINING"]},{"id":"crc-c-gc-10-0097","docId":"crc-c-gc-10","idx":97,"n":97,"text":"97. It is essential for the quality of the administration of juvenile justice that all the professionals involved, inter alia, in law enforcement and the judiciary receive appropriate training on the content and meaning of the provisions of CRC in general, particularly those directly relevant to their daily practice. This training should be organized in a systematic and ongoing manner and should not be limited to information on the relevant national and international legal provisions. It should include information on, inter alia, the social and other causes of juvenile delinquency, psychological and other aspects of the development of children, with special attention to girls and children belonging to minorities or indigenous peoples, the culture and the trends in the world of young people, the dynamics of group activities, and the available measures dealing with children in conflict with the penal law, in particular measures without resorting to judicial proceedings (see chapter IV, section B, above).","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["VI. AWARENESS-RAISING AND TRAINING"]},{"id":"crc-c-gc-10-0098","docId":"crc-c-gc-10","idx":98,"n":98,"text":"98. The Committee is deeply concerned about the lack of even basic and disaggregated data on, inter alia, the number and nature of offences committed by children, the use and the average duration of pretrial detention, the number of children dealt with by resorting to measures other than judicial proceedings (diversion), the number of convicted children and the nature of the sanctions imposed on them. The Committee urges the States parties to systematically collect disaggregated data relevant to the information on the practice of the administration of juvenile justice, and necessary for the development, implementation and evaluation of policies and programmes aiming at the prevention and effective responses to juvenile delinquency in full accordance with the principles and provisions of CRC.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["VII. DATA COLLECTION, EVALUATION AND RESEARCH"]},{"id":"crc-c-gc-10-0099","docId":"crc-c-gc-10","idx":99,"n":99,"text":"99. The Committee recommends that States parties conduct regular evaluations of their practice of juvenile justice, in particular of the effectiveness of the measures taken, including those concerning discrimination, reintegration and recidivism, preferably carried out by independent academic institutions. Research, as for example on the disparities in the administration of juvenile justice which may amount to discrimination, and developments in the field of juvenile delinquency, such as effective diversion programmes or newly emerging juvenile delinquency activities, will indicate critical points of success and concern. It is important that children are involved in this evaluation and research, in particular those who have been in contact with parts of the juvenile justice system. The privacy of these children and the confidentiality of their cooperation should be fully respected and protected. In this regard, the Committee refers the States parties to the existing international guidelines on the involvement of children in research.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"section":["VII. DATA COLLECTION, EVALUATION AND RESEARCH"]},{"id":"crc-c-gc-11-0001","docId":"crc-c-gc-11","idx":1,"n":1,"text":"1. In the preamble of the Convention on the Rights of the Child, States parties take “due account of the importance and cultural values of each people for the protection and harmonious development of the child”. While all the rights contained in the Convention apply to all children, whether indigenous or not, the Convention on the Rights of the Child was the first core human rights treaty to include specific references to indigenous children in a number of provisions.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0002","docId":"crc-c-gc-11","idx":2,"n":2,"text":"2. Article 30 of the Convention states that “In those States in which ethnic, religious, or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion or to use his or her own language.”","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0003","docId":"crc-c-gc-11","idx":3,"n":3,"text":"3. Furthermore, article 29 of the Convention provides that “education of the child shall be directed to the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin”.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-11-0004","docId":"crc-c-gc-11","idx":4,"n":4,"text":"4. Article 17 of the Convention also makes specific mention as States parties shall “encourage the mass media to have particular regard for the linguistic needs of the child who belongs to a minority group or who is indigenous”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-c-gc-11-0005","docId":"crc-c-gc-11","idx":5,"n":5,"text":"5. The specific references to indigenous children in the Convention are indicative of the recognition that they require special measures in order to fully enjoy their rights. The Committee on the Rights of the Child has consistently taken into account the situation of indigenous children in its reviews of periodic reports of States parties to the Convention. The Committee has observed that indigenous children face significant challenges in exercising their rights and has issued specific recommendations to this effect in its concluding observations. Indigenous children continue to experience serious discrimination contrary to article 2 of the Convention in a range of areas, including in their access to health care and education, which has prompted the need to adopt this general comment.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-11-0006","docId":"crc-c-gc-11","idx":6,"n":6,"text":"6. In addition to the Convention on the Rights of the Child, various human rights treaties, have played an important role in addressing the situation of indigenous children and their right not to be discriminated, namely, the International Convention on the Elimination of All Forms of Racial Discrimination, 1965, the International Covenant on Civil and Political Rights, 1966, and the International Covenant on Economic, Social and Cultural Rights, 1966.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0007","docId":"crc-c-gc-11","idx":7,"n":7,"text":"7. The International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries, 1989 contains provisions which advance the rights of indigenous peoples and specifically highlights the rights of indigenous children in the area of education.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0008","docId":"crc-c-gc-11","idx":8,"n":8,"text":"8. In 2001, the United Nations Commission on Human Rights appointed a Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, subsequently confirmed by the Human Rights Council in 2007. The Council has requested the Special Rapporteur to pay particular attention to the situation of indigenous children and several recommendations included in his annual and mission reports have focused on their specific situation.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0009","docId":"crc-c-gc-11","idx":9,"n":9,"text":"9. In 2003, the United Nations Permanent Forum on Indigenous Issues held its second session on the theme indigenous children and youth and the same year the Committee on the Rights of the Child held its annual Day of General Discussion on the rights of indigenous children and adopted specific recommendations aimed primarily at States parties but also United Nations entities, human rights mechanisms, civil society, donors, the World Bank and regional development banks.","labels":["Indigenous peoples","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0010","docId":"crc-c-gc-11","idx":10,"n":10,"text":"10. In 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples which provides important guidance on the rights of indigenous peoples, including specific reference to the rights of indigenous children in a number of areas.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009},{"id":"crc-c-gc-11-0011","docId":"crc-c-gc-11","idx":11,"n":11,"text":"11. This general comment on the rights of indigenous children as provided for by the Convention on the Rights of the Child draws on the legal developments and initiatives outlined above.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Objectives and structure"]},{"id":"crc-c-gc-11-0012","docId":"crc-c-gc-11","idx":12,"n":12,"text":"12. The primary objective of this general comment is to provide States with guidance on how to implement their obligations under the Convention with respect to indigenous children. The Committee bases this general comment on its experience in interpreting the provisions of the Convention in relation to indigenous children. Furthermore, the general comment is based upon the recommendations adopted following the Day of General Discussion on indigenous children in 2003 and reflects a consultative process with relevant stakeholders, including indigenous children themselves.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Objectives and structure"]},{"id":"crc-c-gc-11-0013","docId":"crc-c-gc-11","idx":13,"n":13,"text":"13. The general comment aims to explore the specific challenges which impede indigenous children from being able to fully enjoy their rights and highlight special measures required to be undertaken by States in order to guarantee the effective exercise of indigenous children’s rights. Furthermore, the general comment seeks to encourage good practices and highlight positive approaches in the practical implementation of rights for indigenous children.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Objectives and structure"]},{"id":"crc-c-gc-11-0014","docId":"crc-c-gc-11","idx":14,"n":14,"text":"14. Article 30 of the Convention and the right to the enjoyment of culture, religion and language are key elements in this general comment; however the aim is to explore the various provisions which require particular attention in their implementation in relation to indigenous children. Particular emphasis is placed on the interrelationship between relevant provisions, notably with the general principles of the Convention as identified by the Committee, namely, non-discrimination, the best interests of the child, the right to life, survival and development and the right to be heard.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Objectives and structure"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0015","docId":"crc-c-gc-11","idx":15,"n":15,"text":"15. The Committee notes that the Convention contains references to both minority and indigenous children. Certain references in this general comment may be relevant for children of minority groups and the Committee may decide in the future to prepare a general comment specifically on the rights of children belonging to minority groups.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Objectives and structure"]},{"id":"crc-c-gc-11-0016","docId":"crc-c-gc-11","idx":16,"n":16,"text":"16. The Committee recalls the close linkage between article 30 of the Convention on the Rights of the Child and article 27 of the International Covenant on Civil and Political Rights. Both articles specifically provide for the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion or to use his or her own language. The right established is conceived as being both individual and collective and is an important recognition of the collective traditions and values in indigenous cultures. The Committee notes that the right to exercise cultural rights among indigenous peoples may be closely associated with the use of traditional territory and the use of its resources.[[fn:1]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":1,"text":"Human Rights Committee, general comment No. 23 on article 27, CCPR/C/Rev.1/Add.5, 1994, paras. 3.2, 7. Recommendations of CRC Day of General Discussion on the Rights of Indigenous Children, 2003, para. 4."}],"section":["Article 30 and general obligations of States"],"citedArticles":[{"article":"30","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 30 of the Convention on the Rights of the Child' — CRC art. 30 (minority/indigenous children's cultural rights)."},{"article":"27","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 27 of the International Covenant on Civil and Political Rights' — ICCPR art. 27 (minority rights). Regex defaulted to CRC."}]},{"id":"crc-c-gc-11-0017","docId":"crc-c-gc-11","idx":17,"n":17,"text":"17. Although article 30 is expressed in negative terms, it nevertheless recognizes the existence of a “right” and requires that it “shall not be denied”. Consequently, a State party is under an obligation to ensure that the existence and the exercise of this right are protected against their denial or violation. The Committee concurs with the Human Rights Committee that positive measures of protection are required, not only against the acts of the State party itself, whether through its legislative, judicial or administrative authorities, but also against the acts of other persons within the State party.[[fn:2]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":2,"text":"Human Rights Committee, general comment No. 23 on article 27, CCPR/C/Rev.1/Add.5, 1994, para. 6.1."}],"section":["Article 30 and general obligations of States"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0018","docId":"crc-c-gc-11","idx":18,"n":18,"text":"18. In this context, the Committee also supports the Committee on the Elimination of Racial Discrimination in its call upon States parties to recognize and respect indigenous distinct cultures, history, language and way of life as an enrichment of the State’s cultural identity and to promote its preservation.[[fn:3]]","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":3,"text":"Committee on the Elimination of Racial Discrimination, general recommendation No. 23 on Indigenous Peoples, 1997, contained in A/52/18, Annex V."}],"section":["Article 30 and general obligations of States"]},{"id":"crc-c-gc-11-0019","docId":"crc-c-gc-11","idx":19,"n":19,"text":"19. The presence of indigenous peoples is established by self-identification as the fundamental criterion for determining their existence.[[fn:4]] There is no requirement for States parties to officially recognize indigenous peoples in order for them to exercise their rights.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":4,"text":"ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries No. 169, article 1 (2)."}],"section":["Article 30 and general obligations of States"]},{"id":"crc-c-gc-11-0020","docId":"crc-c-gc-11","idx":20,"n":20,"text":"20. Based on its reviews of States parties reports, the Committee on the Rights of the Child has observed that in implementing their obligations under the Convention many States parties give insufficient attention to the rights of indigenous children and to promotion of their development. The Committee considers that special measures through legislation and policies for the protection of indigenous children should be undertaken in consultation with the communities concerned[[fn:5]] and with the participation of children in the consultation process, as provided for by article 12 of the Convention. The Committee considers that consultations should be actively carried out by authorities or other entities of States parties in a manner that is culturally appropriate, guarantees availability of information to all parties and ensures interactive communication and dialogue.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":5,"text":"ILO Convention No. 169, articles 2, 6, 27."}],"section":["Article 30 and general obligations of States"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-11-0021","docId":"crc-c-gc-11","idx":21,"n":21,"text":"21. The Committee urges States parties to ensure that adequate attention is given to article 30 in the implementation of the Convention. States parties should provide detailed information in their periodic reports under the Convention on the special measures undertaken in order to guarantee that indigenous children can enjoy the rights provided in article 30.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Article 30 and general obligations of States"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0022","docId":"crc-c-gc-11","idx":22,"n":22,"text":"22. The Committee underlines that cultural practices provided by article 30 of the Convention must be exercised in accordance with other provisions of the Convention and under no circumstances may be justified if deemed prejudicial to the child’s dignity, health and development.[[fn:6]] Should harmful practices be present, inter alia early marriages and female genital mutilation, the State party should work together with indigenous communities to ensure their eradication. The Committee strongly urges States parties to develop and implement awarenessraising campaigns, education programmes and legislation aimed at changing attitudes and address gender roles and stereotypes that contribute to harmful practices.[[fn:7]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":6,"text":"UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 7."},{"n":7,"text":"CRC, general comment No. 4 on Adolescent Health, 2003, para. 24."}],"section":["Article 30 and general obligations of States"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0023","docId":"crc-c-gc-11","idx":23,"n":23,"text":"23. Article 2 sets out the obligation of States parties to ensure the rights of each child within its jurisdiction without discrimination of any kind. Non-discrimination has been identified by the Committee as a general principle of fundamental importance for the implementation of all the rights enshrined in the Convention. Indigenous children have the inalienable right to be free from discrimination. In order to effectively protect children from discrimination, it is a State party obligation to ensure that the principle of non-discrimination is reflected in all domestic legislation and can be directly applied and appropriately monitored and enforced through judicial and administrative bodies. Effective remedies should be timely and accessible. The Committee highlights that the obligations of the State party extend not only to the public but also to the private sector.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Non-discrimination"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-11-0024","docId":"crc-c-gc-11","idx":24,"n":24,"text":"24. As previously stated in the Committee’s general comment No. 5 on general measures of implementation, the non-discrimination obligation requires States actively to identify individual children and groups of children the recognition and realization of whose rights may demand special measures. For example, the Committee highlights, in particular, the need for data collection to be disaggregated to enable discrimination or potential discrimination to be identified. Addressing discrimination may furthermore require changes in legislation, administration and resource allocation, as well as educational measures to change attitudes.[[fn:8]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":8,"text":"CRC, general comment No. 5 on General Measures of Implementation, 2003, para. 12."}],"section":["Non-discrimination"]},{"id":"crc-c-gc-11-0025","docId":"crc-c-gc-11","idx":25,"n":25,"text":"25. The Committee, through its extensive review of State party reports, notes that indigenous children are among those children who require positive measures in order to eliminate conditions that cause discrimination and to ensure their enjoyment of the rights of the Convention on equal level with other children. In particular, States parties are urged to consider the application of special measures in order to ensure that indigenous children have access to culturally appropriate services in the areas of health, nutrition, education, recreation and sports, social services, housing, sanitation and juvenile justice.[[fn:9]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":9,"text":"Recommendations of CRC Day of General Discussion on the Rights of Indigenous Children, 2003, para. 9."}],"section":["Non-discrimination"]},{"id":"crc-c-gc-11-0026","docId":"crc-c-gc-11","idx":26,"n":26,"text":"26. Among the positive measures required to be undertaken by States parties is disaggregated data collection and the development of indicators for the purposes of identifying existing and potential areas of discrimination of indigenous children. The identification of gaps and barriers to the enjoyment of the rights of indigenous children is essential in order to implement appropriate positive measures through legislation, resource allocation, policies and programmes.[[fn:10]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":10,"text":"Ibid., para. 6."}],"section":["Non-discrimination"]},{"id":"crc-c-gc-11-0027","docId":"crc-c-gc-11","idx":27,"n":27,"text":"27. States parties should ensure that public information and educational measures are taken to address the discrimination of indigenous children. The obligation under article 2 in conjunction with articles 17, 29.1 (d) and 30 of the Convention requires States to develop public campaigns, dissemination material and educational curricula, both in schools and for professionals, focused on the rights of indigenous children and the elimination of discriminatory attitudes and practices, including racism. Furthermore, States parties should provide meaningful opportunities for indigenous and non-indigenous children to understand and respect different cultures, religions, and languages.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Non-discrimination"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-11-0028","docId":"crc-c-gc-11","idx":28,"n":28,"text":"28. In their periodic reports to the Committee, States parties should identify measures and programmes undertaken to address discrimination of indigenous children in relation to the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Discrimination, Xenophobia and Related Intolerance. [[fn:11]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":11,"text":"Recommendations of CRC Day of General Discussion on the Rights of Indigenous Children, 2003, para. 12."}],"section":["Non-discrimination"]},{"id":"crc-c-gc-11-0029","docId":"crc-c-gc-11","idx":29,"n":29,"text":"29. In the design of special measures, States parties should consider the needs of indigenous children who may face multiple facets of discrimination and also take into account the different situation of indigenous children in rural and urban situations. Particular attention should be given to girls in order to ensure that they enjoy their rights on an equal basis as boys. States parties should furthermore ensure that special measures address the rights of indigenous children with disabilities.[[fn:12]]","labels":["Indigenous peoples","Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":12,"text":"Convention on the Rights of Persons with Disabilities, preamble. United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295, articles 21, 22."}],"section":["Non-discrimination"]},{"id":"crc-c-gc-11-0030","docId":"crc-c-gc-11","idx":30,"n":30,"text":"30. The application of the principle of the best interests of the child to indigenous children requires particular attention. The Committee notes that the best interests of the child is conceived both as a collective and individual right, and that the application of this right to indigenous children as a group requires consideration of how the right relates to collective cultural rights. Indigenous children have not always received the distinct consideration they deserve. In some cases, their particular situation has been obscured by other issues of broader concern to indigenous peoples, (including land rights and political representation).[[fn:13]] In the case of children, the best interests of the child cannot be neglected or violated in preference for the best interests of the group.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":13,"text":"UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 1."}],"section":["Best interests of the child"]},{"id":"crc-c-gc-11-0031","docId":"crc-c-gc-11","idx":31,"n":31,"text":"31. When State authorities including legislative bodies seek to assess the best interests of an indigenous child, they should consider the cultural rights of the indigenous child and his or her need to exercise such rights collectively with members of their group. As regards legislation, policies and programmes that affect indigenous children in general, the indigenous community should be consulted and given an opportunity to participate in the process on how the best interests of indigenous children in general can be decided in a culturally sensitive way. Such consultations should, to the extent possible, include meaningful participation of indigenous children.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Best interests of the child"]},{"id":"crc-c-gc-11-0032","docId":"crc-c-gc-11","idx":32,"n":32,"text":"32. The Committee considers there may be a distinction between the best interests of the individual child, and the best interests of children as a group. In decisions regarding one individual child, typically a court decision or an administrative decision, it is the best interests of the specific child that is the primary concern. However, considering the collective cultural rights of the child is part of determining the child’s best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Best interests of the child"]},{"id":"crc-c-gc-11-0033","docId":"crc-c-gc-11","idx":33,"n":33,"text":"The principle of the best interests of the child requires States to undertake active measures throughout their legislative, administrative and judicial systems that would systematically apply the principle by considering the implication of their decisions and actions on children’s rights CRC/C/GC/11 page 8 and interests.[[fn:14]] In order to effectively guarantee the rights of indigenous children such measures would include training and awareness-raising among relevant professional categories of the importance of considering collective cultural rights in conjunction with the determination of the best interests of the child.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":14,"text":"CRC, general comment No. 5 on General Measures of Implementation, 2003, para. 12."}],"section":["Best interests of the child"]},{"id":"crc-c-gc-11-0034","docId":"crc-c-gc-11","idx":34,"n":34,"text":"34. The Committee notes with concern that disproportionately high numbers of indigenous children live in extreme poverty, a condition which has a negative impact on their survival and development. The Committee is furthermore concerned over the high infant and child mortality rates as well as malnutrition and diseases among indigenous children. Article 4 obliges States parties to address economic, social and cultural rights to the maximum extent of their available resources and where needed with international cooperation. Articles 6 and 27 provide the right of children to survival and development as well as an adequate standard of living. States should assist parents and others responsible for the indigenous child to implement this right by providing culturally appropriate material assistance and support programmes, particularly with regard to nutrition, clothing and housing. The Committee stresses the need for States parties to take special measures to ensure that indigenous children enjoy the right to an adequate standard of living and that these, together with progress indicators, be developed in partnership with indigenous peoples, including children.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["The right to life, survival and development"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-11-0035","docId":"crc-c-gc-11","idx":35,"n":35,"text":"35. The Committee reiterates its understanding of development of the child as set out in its general comment No. 5, as a “holistic concept embracing the child’s physical, mental, spiritual, moral, psychological and social development”.[[fn:15]] The Preamble of the Convention stresses the importance of the traditions and cultural values of each person, particularly with reference to the protection and harmonious development of the child. In the case of indigenous children whose communities retain a traditional lifestyle, the use of traditional land is of significant importance to their development and enjoyment of culture.[[fn:16]] States parties should closely consider the cultural significance of traditional land and the quality of the natural environment while ensuring the children’s right to life, survival and development to the maximum extent possible.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":15,"text":"Ibid."},{"n":16,"text":"UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 8."}],"section":["The right to life, survival and development"]},{"id":"crc-c-gc-11-0036","docId":"crc-c-gc-11","idx":36,"n":36,"text":"36. The Committee reaffirms the importance of the Millennium Development Goals (MDGs) and calls on States to engage with indigenous peoples, including children, to ensure the full realization of the MDGs with respect to indigenous children.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["The right to life, survival and development"]},{"id":"crc-c-gc-11-0037","docId":"crc-c-gc-11","idx":37,"n":37,"text":"37. The Committee considers that, in relation to article 12, there is a distinction between the right of the child as an individual to express his or her opinion and the right to be heard collectively, which allows children as a group to be involved in consultations on matters involving them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["The right to life, survival and development"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-11-0038","docId":"crc-c-gc-11","idx":38,"n":38,"text":"38. With regard to the individual indigenous child, the State party has the obligation to respect the child’s right to express his or her view in all matters affecting him or her, directly or through a representative, and give due weight to this opinion in accordance with the age and maturity of the child. The obligation is to be respected in any judicial or administrative proceeding. Taking into account the obstacles which prevent indigenous children from exercising this right, the State party should provide an environment that encourages the free opinion of the child. The right to be heard includes the right to representation, culturally appropriate interpretation and also the right not to express one’s opinion.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["The right to life, survival and development"]},{"id":"crc-c-gc-11-0039","docId":"crc-c-gc-11","idx":39,"n":39,"text":"39. When the right is applied to indigenous children as a group, the State party plays an important role in promoting their participation and should ensure that they are consulted on all matters affecting them. The State party should design special strategies to guarantee that their participation is effective. The State party should ensure that this right is applied in particular in the school environment, alternative care settings and in the community in general. The Committee recommends States parties to work closely with indigenous children and their communities to develop, implement and evaluate programmes, policies and strategies for implementation of the Convention.","labels":["Indigenous peoples","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["The right to life, survival and development"]},{"id":"crc-c-gc-11-0040","docId":"crc-c-gc-11","idx":40,"n":40,"text":"40. The Committee underlines the importance that the media have particular regard for the linguistic needs of indigenous children, in accordance with articles 17 (d) and 30 of the Convention. The Committee encourages States parties to support indigenous children to have access to media in their own languages. The Committee underlines the right of indigenous children to access information, including in their own languages, in order for them to effectively exercise their right to be heard.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Access to information"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0041","docId":"crc-c-gc-11","idx":41,"n":41,"text":"41. States parties are obliged to ensure that all children are registered immediately after birth and that they acquire a nationality. Birth registration should be free and universally accessible. The Committee is concerned that indigenous children, to a greater extent than non-indigenous children, remain without birth registration and at a higher risk of being stateless.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Birth registration, nationality and identity"]},{"id":"crc-c-gc-11-0042","docId":"crc-c-gc-11","idx":42,"n":42,"text":"Therefore, States parties should take special measures in order to ensure that indigenous children, including those living in remote areas, are duly registered. Such special measures, to CRC/C/GC/11 page 10 be agreed following consultation with the communities concerned, may include mobile units, periodic birth registration campaigns or the designation of birth registration offices within indigenous communities to ensure accessibility.","labels":["Indigenous peoples","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Birth registration, nationality and identity"]},{"id":"crc-c-gc-11-0043","docId":"crc-c-gc-11","idx":43,"n":43,"text":"43. States parties should ensure that indigenous communities are informed about the importance of birth registration and of the negative implications of its absence on the enjoyment of other rights for non-registered children. States parties should ensure that information to this effect is available to indigenous communities in their own languages and that public awareness campaigns are undertaken in consultation with the communities concerned.[[fn:17]]","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":17,"text":"UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 9."}],"section":["Birth registration, nationality and identity"]},{"id":"crc-c-gc-11-0044","docId":"crc-c-gc-11","idx":44,"n":44,"text":"44. Furthermore, taking into account articles 8 and 30 of the Convention, States parties should ensure that indigenous children may receive indigenous names of their parents’ choice in accordance with their cultural traditions and the right to preserve his or her identity. States parties should put in place national legislation that provides indigenous parents with the possibility of selecting the name of their preference for their children.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Birth registration, nationality and identity"],"citedArticles":[{"treaty":"CRC","article":"8","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0045","docId":"crc-c-gc-11","idx":45,"n":45,"text":"45. The Committee draws the attention of States to article 8 (2) of the Convention which affirms that a child who has been illegally deprived of some or all of the elements of his or her identity shall be provided with appropriate assistance and protection in order to re-establish speedily his or her identity. The Committee encourages States parties to bear in mind article 8 of the United Nations Declaration on the Rights of Indigenous Peoples which sets out that effective mechanisms should be provided for prevention of, and redress for, any action which deprives indigenous peoples, including children, of their ethnic identities.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Birth registration, nationality and identity"],"citedArticles":[{"article":"8","paragraph":"2","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text says 'article 8 (2) of the Convention' on re-establishing identity; the Convention in CRC GC = CRC; CRC art. 8(2) matches."},{"article":"8","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 8 of the United Nations Declaration on the Rights of Indigenous Peoples' - UNDRIP, a declaration, not in scope."}]},{"id":"crc-c-gc-11-0046","docId":"crc-c-gc-11","idx":46,"n":46,"text":"46. Article 5 of the Convention requires States parties to respect the rights, responsibilities and duties of parents or where applicable, the members of the extended family or community to provide, in a manner consistent with the evolving capacities of all children, appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention. States parties should ensure effective measures are implemented to safeguard the integrity of indigenous families and communities by assisting them in their child-rearing responsibilities in accordance with articles 3, 5, 18, 25 and 27 (3) of the Convention.[[fn:18]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":18,"text":"Recommendations of CRC Day of General Discussion on the Rights of Indigenous Children, 2003, para. 17."}],"section":["Family environment and alternative care (arts. 5, 18 (paras. 1-2), 9-11, 19-21, 25, 27 (para. 4) and 39 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"25","source":"regex"},{"treaty":"CRC","article":"27","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-11-0047","docId":"crc-c-gc-11","idx":47,"n":47,"text":"States parties should, in cooperation with indigenous families and communities, collect data on the family situation of indigenous children, including children in foster care and adoption processes. Such information should be used to design policies relating to the family environment CRC/C/GC/11 page 11 and alternative care of indigenous children in a culturally sensitive way. Maintaining the best interests of the child and the integrity of indigenous families and communities should be primary considerations in development, social services, health and education programmes affecting indigenous children.[[fn:19]]","labels":["Indigenous peoples","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":19,"text":"Ibid."}],"section":["Family environment and alternative care (arts. 5, 18 (paras. 1-2), 9-11, 19-21, 25, 27 (para. 4) and 39 of the Convention)"]},{"id":"crc-c-gc-11-0048","docId":"crc-c-gc-11","idx":48,"n":48,"text":"48. Furthermore, States should always ensure that the principle of the best interests of the child is the paramount consideration in any alternative care placement of indigenous children and in accordance with article 20 (3) of the Convention pay due regard to the desirability of continuity in the child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background. In States parties where indigenous children are overrepresented among children separated from their family environment, specially targeted policy measures should be developed in consultation with indigenous communities in order to reduce the number of indigenous children in alternative care and prevent the loss of their cultural identity. Specifically, if an indigenous child is placed in care outside their community, the State party should take special measures to ensure that the child can maintain his or her cultural identity.","labels":["Indigenous peoples","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Family environment and alternative care (arts. 5, 18 (paras. 1-2), 9-11, 19-21, 25, 27 (para. 4) and 39 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"20","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-11-0049","docId":"crc-c-gc-11","idx":49,"n":49,"text":"49. States parties shall ensure that all children enjoy the highest attainable standard of health and have access to health-care service. Indigenous children frequently suffer poorer health than non-indigenous children due to inter alia inferior or inaccessible health services. The Committee notes with concern, on the basis of its reviews of States parties’ reports, that this applies both to developing and developed countries.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0050","docId":"crc-c-gc-11","idx":50,"n":50,"text":"50. The Committee urges States parties to take special measures to ensure that indigenous children are not discriminated against enjoying the highest attainable standard of health. The Committee is concerned over the high rates of mortality among indigenous children and notes that States parties have a positive duty to ensure that indigenous children have equal access to health services and to combat malnutrition as well as infant, child and maternal mortality.","labels":["Indigenous peoples","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0051","docId":"crc-c-gc-11","idx":51,"n":51,"text":"51. States parties should take the necessary steps to ensure ease of access to health-care services for indigenous children. Health services should to the extent possible be community based and planned and administered in cooperation with the peoples concerned.[[fn:20]] Special consideration should be given to ensure that health-care services are culturally sensitive and that information about these is available in indigenous languages. Particular attention should be given to ensuring access to health care for indigenous peoples who reside in rural and remote areas or in areas of armed conflict or who are migrant workers, refugees or displaced. States parties should furthermore pay special attention to the needs of indigenous children with disabilities and ensure that relevant programmes and policies are culturally sensitive.[[fn:21]]","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Children","Persons with disabilities","Persons living in rural/remote areas","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":20,"text":"ILO Convention No. 169, article 25 (1, 2)."},{"n":21,"text":"CRC, general comment No. 9 on The Rights of Children with Disabilities, 2006."}],"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0052","docId":"crc-c-gc-11","idx":52,"n":52,"text":"52. Health-care workers and medical staff from indigenous communities play an important role by serving as a bridge between traditional medicine and conventional medical services and preference should be given to employment of local indigenous community workers.[[fn:22]] States parties should encourage the role of these workers by providing them with the necessary means and training in order to enable that conventional medicine be used by indigenous communities in a way that is mindful of their culture and traditions. In this context, the Committee recalls article 25 (2) of the ILO Convention No. 169 and articles 24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples on the right of indigenous peoples to their traditional medicines.[[fn:23]]","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":22,"text":"ILO Convention No. 169, article 25 (3)."},{"n":23,"text":"United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295, articles 24, 31."}],"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"],"citedArticles":[{"article":"25","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 25 (2) of the ILO Convention No. 169' - ILO instrument, not in scope."},{"article":"24","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'articles 24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples' - UNDRIP, not in scope."},{"article":"31","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'articles 24 and 31 of the United Nations Declaration on the Rights of Indigenous Peoples' - UNDRIP, not in scope."}]},{"id":"crc-c-gc-11-0053","docId":"crc-c-gc-11","idx":53,"n":53,"text":"53. States should take all reasonable measures to ensure that indigenous children, families and their communities receive information and education on issues relating to health and preventive care such as nutrition, breastfeeding, pre- and postnatal care, child and adolescent health, vaccinations, communicable diseases (in particular HIV/AIDS and tuberculosis), hygiene, environmental sanitation and the dangers of pesticides and herbicides.","labels":["Indigenous peoples","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0054","docId":"crc-c-gc-11","idx":54,"n":54,"text":"54. Regarding adolescent health, States parties should consider specific strategies in order to provide indigenous adolescents with access to sexual and reproductive information and services, including on family planning and contraceptives, the dangers of early pregnancy, the prevention of HIV/AIDS and the prevention and treatment of sexually transmitted infections (STIs). The Committee recommends States parties to take into account its general comments No. 3 on HIV/AIDS and the rights of the child (2003) and No. 4 on adolescent health (2003) for this purpose.[[fn:24]]","labels":["Indigenous peoples","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":24,"text":"CRC, general comment No. 3 on HIV/AIDS and the Rights of the Child, 2003 and general comment No. 4 on Adolescent Health, 2003."}],"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0055","docId":"crc-c-gc-11","idx":55,"n":55,"text":"55. In certain States parties suicide rates for indigenous children are significantly higher than for non-indigenous children. Under such circumstances, States parties should design and implement a policy for preventive measures and ensure that additional financial and human resources are allocated to mental health care for indigenous children in a culturally appropriate manner, following consultation with the affected community. In order to analyse and combat the root causes, the State party should establish and maintain a dialogue with the indigenous community.","labels":["Indigenous peoples","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)"]},{"id":"crc-c-gc-11-0056","docId":"crc-c-gc-11","idx":56,"n":56,"text":"56. Article 29 of the Convention sets out that the aims of education for all children should be directed to, among other objectives, the development of respect for the child’s cultural identity, language and values and for civilizations different from his or her own. Further objectives include the preparation of the child for responsible life in a free society, in the spirit of understanding peace, tolerance, equality of sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin. The aims of education apply to education for all children and States should ensure these are adequately reflected in the curricula, content of materials, teaching methods and policies. States are encouraged to refer to the Committee’s general comment No. 1 on the aims of education for further guidance.[[fn:25]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":25,"text":"CRC, general comment No. 1 on the Aims of Education, 2001."}],"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-11-0057","docId":"crc-c-gc-11","idx":57,"n":57,"text":"57. The education of indigenous children contributes both to their individual and community development as well as to their participation in the wider society. Quality education enables indigenous children to exercise and enjoy economic, social and cultural rights for their personal benefit as well as for the benefit of their community. Furthermore, it strengthens children’s ability to exercise their civil rights in order to influence political policy processes for improved protection of human rights. Thus, the implementation of the right to education of indigenous children is an essential means of achieving individual empowerment and self-determination of indigenous peoples.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Education (arts. 28, 29 and 31 of the Convention)"]},{"id":"crc-c-gc-11-0058","docId":"crc-c-gc-11","idx":58,"n":58,"text":"58. In order to ensure that the aims of education are in line with the Convention, States parties are responsible for protecting children from all forms of discrimination as set out in article 2 of the Convention and for actively combating racism. This duty is particularly pertinent in relation to indigenous children. In order to effectively implement this obligation, States parties should ensure that the curricula, educational materials and history textbooks provide a fair, accurate and informative portrayal of the societies and cultures of indigenous peoples.[[fn:26]] Discriminatory practices, such as restrictions on the use of cultural and traditional dress, should be avoided in the school setting.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":26,"text":"ILO Convention No. 169, article 31, United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295, article 15."}],"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-11-0059","docId":"crc-c-gc-11","idx":59,"n":59,"text":"59. Article 28 of the Convention sets out that States parties shall ensure that primary education is compulsory and available to all children on the basis of equal opportunity. States parties are encouraged to make secondary and vocational education available and accessible to every child. However, in practice, indigenous children are less likely to be enrolled in school and continue to have higher drop out and illiteracy rates than non-indigenous children. Most indigenous children have reduced access to education due to a variety of factors including insufficient educational facilities and teachers, direct or indirect costs for education as well as a lack of culturally adjusted and bilingual curricula in accordance with article 30. Furthermore, indigenous children are frequently confronted with discrimination and racism in the school setting.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-11-0060","docId":"crc-c-gc-11","idx":60,"n":60,"text":"In order for indigenous children to enjoy their right to education on equal footing with non-indigenous children, States parties should ensure a range of special measures to this effect. States parties should allocate targeted financial, material and human resources in order to implement policies and programmes which specifically seek to improve the access to education for indigenous children. As established by article 27 of the ILO Convention No. 169, education programmes and services should be developed and implemented in cooperation with the peoples CRC/C/GC/11 page 14 concerned to address their specific needs. Furthermore, governments should recognize the right of indigenous peoples to establish their own educational institutions and facilities, provided that such institutions meet minimum standards established by the competent authority in consultation with these peoples.[[fn:27]] States should undertake all reasonable efforts to ensure that indigenous communities are aware of the value and importance of education and of the significance of community support for school enrolment.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":27,"text":"ILO Convention No. 169, article 27."}],"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-11-0061","docId":"crc-c-gc-11","idx":61,"n":61,"text":"61. States parties should ensure that school facilities are easily accessible where indigenous children live. If required, States parties should support the use of media, such as radio broadcasts and long distance education programmes (internet-based) for educational purposes and establish mobile schools for indigenous peoples who practice nomadic traditions. The school cycle should take into account and seek to adjust to cultural practices as well as agricultural seasons and ceremonial periods. States parties should only establish boarding schools away from indigenous communities when necessary as this may be a disincentive for the enrolment of indigenous children, especially girls. Boarding schools should comply with culturally sensitive standards and be monitored on a regular basis. Attempts should also be made to ensure that indigenous children living outside their communities have access to education in a manner which respects their culture, languages and traditions.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Education (arts. 28, 29 and 31 of the Convention)"]},{"id":"crc-c-gc-11-0062","docId":"crc-c-gc-11","idx":62,"n":62,"text":"62. Article 30 of the Convention establishes the right of the indigenous child to use his or her own language. In order to implement this right, education in the child’s own language is essential. Article 28 of ILO Convention No. 169 affirms that indigenous children shall be taught to read and write in their own language besides being accorded the opportunity to attain fluency in the official languages of the country.[[fn:28]] Bilingual and intercultural curricula are important criteria for the education of indigenous children. Teachers of indigenous children should to the extent possible be recruited from within indigenous communities and given adequate support and training.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":28,"text":"ILO Convention No. 169, article 28."}],"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-11-0063","docId":"crc-c-gc-11","idx":63,"n":63,"text":"63. With reference to article 31 of the Convention, the Committee notes the many positive benefits of participation in sports, traditional games, physical education, and recreational activities and calls on States parties to ensure that indigenous children enjoy the effective exercise of these rights.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Education (arts. 28, 29 and 31 of the Convention)"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-11-0064","docId":"crc-c-gc-11","idx":64,"n":64,"text":"Through its periodic reviews of States parties’ reports, the Committee has concluded that indigenous children are particularly vulnerable in situations of armed conflict or in situations of internal unrest. Indigenous communities often reside in areas which are coveted for their natural CRC/C/GC/11 page 15 resources or that, because of remoteness, serve as a base for non-State armed groups. In other situations, indigenous communities reside in the vicinity of borders or frontiers which are disputed by States.[[fn:29]]","labels":["Indigenous peoples","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":29,"text":"UNICEF Innocenti Digest No. 11, Ensuring the Rights of Indigenous Children, 2004, p. 13."}],"section":["Children in armed conflict and refugee children"]},{"id":"crc-c-gc-11-0065","docId":"crc-c-gc-11","idx":65,"n":65,"text":"65. Indigenous children in such circumstances have been, and continue to face risks of being, victims of attacks against their communities, resulting in death, rape and torture, displacement, enforced disappearances, the witnessing of atrocities and the separation from parents and community. Targeting of schools by armed forces and groups has denied indigenous children access to education. Furthermore, indigenous children have been recruited by armed forces and groups and forced to commit atrocities, sometimes even against their own communities.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Children in armed conflict and refugee children"]},{"id":"crc-c-gc-11-0066","docId":"crc-c-gc-11","idx":66,"n":66,"text":"66. Article 38 of the Convention obliges States parties to ensure respect for the rules of humanitarian law, to protect the civilian population and to take care of children who are affected by armed conflict. States parties should pay particular attention to the risks indigenous children face in hostilities and take maximum preventive measures in consultation with the communities concerned. Military activities on indigenous territories should be avoided to the extent possible, the Committee recalls article 30 of the United Nations Declaration on the Rights of Indigenous Peoples in this regard.[[fn:30]] States parties should not require military conscription of indigenous children under the age of 18 years. States parties are encouraged to ratify and implement the Optional Protocol on the Involvement of Children in Armed Conflict.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":30,"text":"United Nations Declaration on the Rights of Indigenous Peoples, A/RES/61/295, article 30."}],"section":["Children in armed conflict and refugee children"],"citedArticles":[{"article":"38","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly states 'Article 38 of the Convention' in a CRC general comment; art. 38 CRC covers children in armed conflict."},{"article":"30","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 30 to the UN Declaration on the Rights of Indigenous Peoples, a non-binding declaration."}]},{"id":"crc-c-gc-11-0067","docId":"crc-c-gc-11","idx":67,"n":67,"text":"67. Indigenous children who have been victims of recruitment in armed conflict should be provided with the necessary support services for reintegration into their families and communities. Consistent with article 39 of the Convention, States parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of any form of exploitation, abuse, torture or any other form of cruel, inhuman or degrading treatment or punishment or armed conflicts. In the case of indigenous children, this should be done giving due consideration to the child’s cultural and linguistic background.","labels":["Indigenous peoples","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Children in armed conflict and refugee children"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-c-gc-11-0068","docId":"crc-c-gc-11","idx":68,"n":68,"text":"68. Indigenous children who have been displaced or become refugees should be given special attention and humanitarian assistance in a culturally sensitive manner. Safe return and restitution of collective and individual property should be promoted.","labels":["Refugees & asylum-seekers","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Children in armed conflict and refugee children"]},{"id":"crc-c-gc-11-0069","docId":"crc-c-gc-11","idx":69,"n":69,"text":"Article 32 of the Convention provides that all children should be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. In addition, ILO Convention No. 138 (Minimum Age Convention) and Convention No. 182 (Worst Forms of Child Labour Convention) set parameters for CRC/C/GC/11 page 16 distinguishing child labour that needs abolition, on the one hand, and acceptable work done by children, including such activities that allow indigenous children to acquire livelihood skills, identity and culture, on the other. Child labour is work that deprives children of their childhood, their potential and dignity and that is harmful to their physical and mental development.[[fn:31]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":31,"text":"ILO, Handbook on Combating Child Labour among Indigenous and Tribal Peoples, 2006, p. 9."}],"section":["Economic exploitation"],"citedArticles":[{"treaty":"CRC","article":"32","source":"regex"}]},{"id":"crc-c-gc-11-0070","docId":"crc-c-gc-11","idx":70,"n":70,"text":"70. Provisions in the Convention on the Rights of the Child refer to the use of children in illicit production and trafficking of drugs (art. 33), sexual exploitation (art. 34), trafficking in children (art. 35), children in armed conflicts (art. 38). These provisions are closely related to the definition of the worst forms of child labour under ILO Convention No. 182. The Committee notes with grave concern that indigenous children are disproportionately affected by poverty and at particular risk of being used in child labour, especially its worst forms, such as slavery, bonded labour, child trafficking, including for domestic work, use in armed conflict, prostitution and hazardous work.","labels":["Indigenous peoples","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Economic exploitation"],"citedArticles":[{"treaty":"CRC","article":"33","source":"regex"},{"treaty":"CRC","article":"34","source":"regex"},{"treaty":"CRC","article":"35","source":"regex"},{"treaty":"CRC","article":"38","source":"regex"}]},{"id":"crc-c-gc-11-0071","docId":"crc-c-gc-11","idx":71,"n":71,"text":"71. The prevention of exploitative child labour among indigenous children (as in the case of all other children) requires a rights-based approach to child labour and is closely linked to the promotion of education. For the effective elimination of exploitative child labour among indigenous communities, States parties must identify the existing barriers to education and the specific rights and needs of indigenous children with respect to school education and vocational training. This requires that special efforts be taken to maintain a dialogue with indigenous communities and parents regarding the importance and benefits of education. Measures to combat exploitative child labour furthermore require analysis of the structural root causes of child exploitation, data collection and the design and implementation of prevention programmes, with adequate allocation of financial and human resources by the State party, to be carried out in consultation with indigenous communities and children.","labels":["Indigenous peoples","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Economic exploitation"]},{"id":"crc-c-gc-11-0072","docId":"crc-c-gc-11","idx":72,"n":72,"text":"72. Articles 34 and 35 of the Convention with consideration to the provisions of article 20, call on States to ensure that children are protected against sexual exploitation and abuse as well as the abduction, sale or traffic of children for any purposes. The Committee is concerned that indigenous children whose communities are affected by poverty and urban migration are at a high risk of becoming victims of sexual exploitation and trafficking. Young girls, particularly those not registered at birth, are especially vulnerable. In order to improve the protection of all children, including indigenous, States parties are encouraged to ratify and implement the Optional Protocol on the sale of children, child prostitution and child pornography.","labels":["Indigenous peoples","Migrants","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"],"citedArticles":[{"article":"34","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 34 of the Convention on the Rights of the Child (CRC) — protection against sexual exploitation and abuse. Home treaty CRC, no competing treaty named for this article."},{"article":"35","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 35 of CRC — protection against abduction, sale or trafficking of children. Home treaty CRC, no competing treaty."},{"article":"20","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 20 of CRC — children deprived of family environment / alternative care. Home treaty CRC, cited in conjunction with arts. 34 and 35 of CRC."}]},{"id":"crc-c-gc-11-0073","docId":"crc-c-gc-11","idx":73,"n":73,"text":"73. States should, in consultation with indigenous communities, including children, design preventive measures and allocate targeted financial and human resources for their implementation. States should base preventive measures on studies which include documentation of the patterns of violations and analysis of root causes.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0074","docId":"crc-c-gc-11","idx":74,"n":74,"text":"74. Articles 37 and 40 of the Convention ensure the rights of children within, and in interaction with, State judicial systems. The Committee notes with concern that incarceration of indigenous children is often disproportionately high and in some instances may be attributed to systemic discrimination from within the justice system and/or society.[[fn:32]] To address these high rates of incarceration, the Committee draws the attention of States parties to article 40 (3) of the Convention requiring States to undertake measures to deal with children alleged as, accused of, or recognized as having infringed the penal law without resorting to judicial proceedings, whenever appropriate. The Committee, in its general comment No. 10 on children’s rights in juvenile justice (2007) and in its concluding observations, has consistently affirmed that the arrest, detention or imprisonment of a child may be used only as a measure of last resort.[[fn:33]]","labels":["Indigenous peoples","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":32,"text":"CRC, general comment No. 1 on Children’s Rights in Juvenile Justice, 2007, para. 6."},{"n":33,"text":"Ibid. para. 23."}],"section":["Sexual exploitation and trafficking"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"},{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-11-0075","docId":"crc-c-gc-11","idx":75,"n":75,"text":"75. States parties are encouraged to take all appropriate measures to support indigenous peoples to design and implement traditional restorative justice systems as long as those programmes are in accordance with the rights set out in the Convention, notably with the best interests of the child.[[fn:34]] The Committee draws the attention of States parties to the United Nations Guidelines for the Prevention of Juvenile Delinquency, which encourage the development of community programmes for the prevention of juvenile delinquency.[[fn:35]] States parties should seek to support, in consultation with indigenous peoples, the development of community-based policies, programmes and services which consider the needs and culture of indigenous children, their families and communities. States should provide adequate resources to juvenile justice systems, including those developed and implemented by indigenous peoples.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":34,"text":"Recommendations of Day of General Discussion on the Rights of Indigenous Children, 2003, para. 13."},{"n":35,"text":"United Nations Guidelines for the Prevention of Juvenile Delinquency, “the Riyadh Guidelines”, 1990."}],"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0076","docId":"crc-c-gc-11","idx":76,"n":76,"text":"76. States parties are reminded that pursuant to article 12 of the Convention, all children should have an opportunity to be heard in any judicial or criminal proceedings affecting them, either directly or through a representative. In the case of indigenous children, States parties should adopt measures to ensure that an interpreter is provided free of charge if required and that the child is guaranteed legal assistance, in a culturally sensitive manner.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-11-0077","docId":"crc-c-gc-11","idx":77,"n":77,"text":"77. Professionals involved in law enforcement and the judiciary should receive appropriate training on the content and meaning of the provisions of the Convention and its Optional Protocols, including the need to adopt special protection measures for indigenous children and other specific groups.[[fn:36]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":36,"text":"CRC, general comment No. 1 on Children’s Rights in Juvenile Justice, 2007, para. 97."}],"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0078","docId":"crc-c-gc-11","idx":78,"n":78,"text":"78. The Committee reminds States parties that ratification of the Convention on the Rights of the Child obliges States parties to take action to ensure the realization of all rights in the Convention for all children within their jurisdiction. The duty to respect and protect requires each State party to ensure that the exercise of the rights of indigenous children is fully protected against any acts of the State party by its legislative, judicial or administrative authorities or by any other entity or person within the State party.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0079","docId":"crc-c-gc-11","idx":79,"n":79,"text":"79. Article 3 of the Convention requires States parties to ensure that in all actions concerning children, the best interests of the child shall be a primary consideration. Article 4 of the Convention requires States parties to undertake measures to implement the Convention to the maximum extent of their available resources. Article 42 sets out that States parties are further required to ensure that children and adults are provided information on the principles and provisions of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"42","source":"regex"}]},{"id":"crc-c-gc-11-0080","docId":"crc-c-gc-11","idx":80,"n":80,"text":"80. In order to effectively implement the rights of the Convention for indigenous children, States parties need to adopt appropriate legislation in accordance with the Convention. Adequate resources should be allocated and special measures adopted in a range of areas in order to effectively ensure that indigenous children enjoy their rights on an equal level with nonindigenous children. Further efforts should be taken to collect and disaggregate data and develop indicators to evaluate the degree of implementation of the rights of indigenous children. In order to develop policy and programming efforts in a culturally sensitive manner, States parties should consult with indigenous communities and directly with indigenous children. Professionals working with indigenous children should be trained on how consideration should be given to cultural aspects of children’s rights.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0081","docId":"crc-c-gc-11","idx":81,"n":81,"text":"81. The Committee calls for States parties to, when applicable, better integrate information in their periodic reports to the Committee on the implementation of indigenous children’s rights and on the adoption of special measures in this regard. Furthermore, the Committee requests States parties to strengthen efforts to translate and disseminate information about the Convention and its Optional Protocols and the reporting process among indigenous communities and children, in order for them to actively participate in the monitoring process. Furthermore, indigenous communities are encouraged to utilize the Convention as an opportunity to assess the implementation of the rights of their children.","labels":["Indigenous peoples"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-11-0082","docId":"crc-c-gc-11","idx":82,"n":82,"text":"82. Finally, the Committee urges States parties to adopt a rights-based approach to indigenous children based on the Convention and other relevant international standards, such as ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples. In order to guarantee effective monitoring of the implementation of the rights of indigenous children, States parties are urged to strengthen direct cooperation with indigenous communities and, if required, seek technical cooperation from international agencies, including United Nations entities. Empowerment of indigenous children and the effective exercise of their rights to culture, religion and language provide an essential foundation of a culturally diverse State in harmony and compliance with its human rights obligations.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["Sexual exploitation and trafficking"]},{"id":"crc-c-gc-12-0001","docId":"crc-c-gc-12","idx":1,"n":1,"text":"Article 12 of the Convention on the Rights of the Child (the Convention) is a unique provision in a human rights treaty; it addresses the legal and social status of children, who, on the one hand lack the full autonomy of adults but, on the other, are subjects of rights. Paragraph 1 assures, to every child capable of forming his or her own views, the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with age and maturity. Paragraph 2 states, in particular, that the child shall be afforded the right to be heard in any judicial or administrative proceedings affecting him or her.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0002","docId":"crc-c-gc-12","idx":2,"n":2,"text":"The right of all children to be heard and taken seriously constitutes one of the fundamental values of the Convention. The Committee on the Rights of the Child (the Committee) has identified article 12 as one of the four general principles of the Convention, the others being the right to non-discrimination, the right to life and development, and the primary consideration of the child’s best interests, which highlights the fact that this article establishes not only a right in itself, but should also be considered in the interpretation and implementation of all other rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0003","docId":"crc-c-gc-12","idx":3,"n":3,"text":"Since the adoption of the Convention in 1989, considerable progress has been achieved at the local, national, regional and global levels in the development of legislation, policies and methodologies to promote the implementation of article 12. A widespread practice has emerged in recent years, which has been broadly conceptualized as “participation”, although this term itself does not appear in the text of article 12. This term has evolved and is now widely used to describe ongoing processes, which include information-sharing and dialogue between children and adults based on mutual respect, and in which children can learn how their views and those of adults are taken into account and shape the outcome of such processes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0004","docId":"crc-c-gc-12","idx":4,"n":4,"text":"4. States parties reaffirmed their commitment to the realization of article 12 at the twentyseventh special session of the General Assembly on children in 2002.[[fn:1]] However, the Committee notes that, in most societies around the world, implementation of the child’s right to","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":1,"text":"Resolution S-27/2 “A world fit for children”, adopted by the General Assembly in 2002."}],"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0005","docId":"crc-c-gc-12","idx":5,"n":5,"text":"In 2006, the Committee held a day of general discussion on the right of the child to be heard in order to explore the meaning and significance of article 12, its linkages to other articles, and the gaps, good practices and priority issues that need to be addressed in order to further the enjoyment of this right.[[fn:2]] The present general comment arises from the exchange of information which took place on that day, including with children, the accumulated experience of the Committee in reviewing States parties’ reports, and the very significant expertise and experience of translating the right embodied in article 12 into practice by governments, non-governmental organizations (NGOs), community organizations, development agencies, and children themselves.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":2,"text":"See the recommendations of the day of general discussion in 2006 on the right of the child to be heard, available at: http://www2.ohchr.org/english/bodies/crc/docs/discussion/ Final_Recommendations_after_DGD.doc."}],"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0006","docId":"crc-c-gc-12","idx":6,"n":6,"text":"The present general comment will first present a legal analysis of the two paragraphs of article 12 and will then explain the requirements to fully realize this right, including in judicial and administrative proceedings in particular (sect. A). In section B, the connection of article 12 with the three other general principles of the Convention, as well as its relation to other articles, will be discussed. The requirements and the impact of the child’s right to be heard in different situations and settings are outlined in section C. Section D sets out the basic requirements for the implementation of this right, and the conclusions are presented in section E.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0007","docId":"crc-c-gc-12","idx":7,"n":7,"text":"The Committee recommends that States parties widely disseminate the present general comment within government and administrative structures as well as to children and civil society. This will necessitate translating it into the relevant languages, making child-friendly versions available, holding workshops and seminars to discuss its implications and how best to implement it, and incorporating it into the training of all professionals working for and with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["I. INTRODUCTION"]},{"id":"crc-c-gc-12-0008","docId":"crc-c-gc-12","idx":8,"n":8,"text":"8. The overall objective of the general comment is to support States parties in the effective implementation of article 12. In so doing it seeks to:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["II. OBJECTIVES"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0009","docId":"crc-c-gc-12","idx":9,"n":9,"text":"The general comment is structured according to the distinction made by the Committee between the right to be heard of an individual child and the right to be heard as applied to a group of children (e.g. a class of schoolchildren, the children in a neighbourhood, the children of a country, children with disabilities, or girls). This is a relevant distinction because the Convention stipulates that States parties must assure the right of the child to be heard according to the age and maturity of the child (see the following legal analysis of paragraphs 1 and 2 of article 12).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0010","docId":"crc-c-gc-12","idx":10,"n":10,"text":"The conditions of age and maturity can be assessed when an individual child is heard and also when a group of children chooses to express its views. The task of assessing a child’s age and maturity is facilitated when the group in question is a component of an enduring structure, such as a family, a class of schoolchildren or the residents of a particular neighbourhood, but is made more difficult when children express themselves collectively. Even when confronting difficulties in assessing age and maturity, States parties should consider children as a group to be heard, and the Committee strongly recommends that States parties exert all efforts to listen to or seek the views of those children speaking collectively.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"]},{"id":"crc-c-gc-12-0011","docId":"crc-c-gc-12","idx":11,"n":11,"text":"States parties should encourage the child to form a free view and should provide an environment that enables the child to exercise her or his right to be heard.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"]},{"id":"crc-c-gc-12-0012","docId":"crc-c-gc-12","idx":12,"n":12,"text":"12. The views expressed by children may add relevant perspectives and experience and should be considered in decision-making, policymaking and preparation of laws and/or measures as well as their evaluation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"]},{"id":"crc-c-gc-12-0013","docId":"crc-c-gc-12","idx":13,"n":13,"text":"13. These processes are usually called participation. The exercise of the child’s or children’s right to be heard is a crucial element of such processes. The concept of participation emphasizes that including children should not only be a momentary act, but the starting point for an intense exchange between children and adults on the development of policies, programmes and measures in all relevant contexts of children’s lives.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"]},{"id":"crc-c-gc-12-0014","docId":"crc-c-gc-12","idx":14,"n":14,"text":"14. In section A (Legal analysis) of the general comment, the Committee deals with the right to be heard of the individual child. In section C (The implementation of the right to be heard in different settings and situations), the Committee considers the right to be heard of both the individual child and children as a group.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN"]},{"id":"crc-c-gc-12-0015","docId":"crc-c-gc-12","idx":15,"n":15,"text":"15. Article 12 of the Convention establishes the right of every child to freely express her or his views, in all matters affecting her or him, and the subsequent right for those views to be given due weight, according to the child’s age and maturity. This right imposes a clear legal obligation on States parties to recognize this right and ensure its implementation by listening to the views of the child and according them due weight. This obligation requires that States parties, with respect to their particular judicial system, either directly guarantee this right, or adopt or revise laws so that this right can be fully enjoyed by the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","A. Legal analysis"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0016","docId":"crc-c-gc-12","idx":16,"n":16,"text":"16. The child, however, has the right not to exercise this right. Expressing views is a choice for the child, not an obligation. States parties have to ensure that the child receives all necessary information and advice to make a decision in favour of her or his best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","A. Legal analysis"]},{"id":"crc-c-gc-12-0017","docId":"crc-c-gc-12","idx":17,"n":17,"text":"17. Article 12 as a general principle provides that States parties should strive to ensure that the interpretation and implementation of all other rights incorporated in the Convention are guided by it.[[fn:3]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":3,"text":"See the Committee’s general comment No. 5 (2003) on general measures of implementation for the Convention on the Rights of the Child (CRC/GC/2003/5)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","A. Legal analysis"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0018","docId":"crc-c-gc-12","idx":18,"n":18,"text":"18. Article 12 manifests that the child holds rights which have an influence on her or his life, and not only rights derived from her or his vulnerability (protection) or dependency on adults (provision).[[fn:4]] The Convention recognizes the child as a subject of rights, and the nearly universal ratification of this international instrument by States parties emphasizes this status of the child, which is clearly expressed in article 12.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":4,"text":"The Convention is commonly referred to by the three “ps”: provision, protection and participation."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","A. Legal analysis"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0019","docId":"crc-c-gc-12","idx":19,"n":19,"text":"19. Article 12, paragraph 1, provides that States parties “shall assure” the right of the child to freely express her or his views. “Shall assure” is a legal term of special strength, which leaves no leeway for State parties’ discretion. Accordingly, States parties are under strict obligation to undertake appropriate measures to fully implement this right for all children. This obligation contains two elements in order to ensure that mechanisms are in place to solicit the views of the child in all matters affecting her or him and to give due weight to those views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(i) “Shall assure”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0020","docId":"crc-c-gc-12","idx":20,"n":20,"text":"20. States parties shall assure the right to be heard to every child “capable of forming his or her own views”. This phrase should not be seen as a limitation, but rather as an obligation for States parties to assess the capacity of the child to form an autonomous opinion to the greatest extent possible. This means that States parties cannot begin with the assumption that a child is incapable of expressing her or his own views. On the contrary, States parties should presume that a child has the capacity to form her or his own views and recognize that she or he has the right to express them; it is not up to the child to first prove her or his capacity.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(i) “Shall assure”"]},{"id":"crc-c-gc-12-0021","docId":"crc-c-gc-12","idx":21,"n":21,"text":"21. The Committee emphasizes that article 12 imposes no age limit on the right of the child to express her or his views, and discourages States parties from introducing age limits either in law or in practice which would restrict the child’s right to be heard in all matters affecting her or him. In this respect, the Committee underlines the following:","labels":["Indigenous peoples","Migrants","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(i) “Shall assure”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0022","docId":"crc-c-gc-12","idx":22,"n":22,"text":"22. The child has the right “to express those views freely”. “Freely” means that the child can express her or his views without pressure and can choose whether or not she or he wants to exercise her or his right to be heard. “Freely” also means that the child must not be manipulated or subjected to undue influence or pressure. “Freely” is further intrinsically related to the child’s “own” perspective: the child has the right to express her or his own views and not the views of others.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “The right to express those views freely”"]},{"id":"crc-c-gc-12-0023","docId":"crc-c-gc-12","idx":23,"n":23,"text":"23. States parties must ensure conditions for expressing views that account for the child’s individual and social situation and an environment in which the child feels respected and secure when freely expressing her or his opinions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “The right to express those views freely”"]},{"id":"crc-c-gc-12-0024","docId":"crc-c-gc-12","idx":24,"n":24,"text":"24. The Committee emphasizes that a child should not be interviewed more often than necessary, in particular when harmful events are explored. The “hearing” of a child is a difficult process that can have a traumatic impact on the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “The right to express those views freely”"]},{"id":"crc-c-gc-12-0025","docId":"crc-c-gc-12","idx":25,"n":25,"text":"25. The realization of the right of the child to express her or his views requires that the child be informed about the matters, options and possible decisions to be taken and their consequences by those who are responsible for hearing the child, and by the child’s parents or guardian. The child must also be informed about the conditions under which she or he will be asked to express her or his views. This right to information is essential, because it is the precondition of the child’s clarified decisions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “The right to express those views freely”"]},{"id":"crc-c-gc-12-0026","docId":"crc-c-gc-12","idx":26,"n":26,"text":"26. States parties must assure that the child is able to express her or his views “in all matters affecting” her or him. This represents a second qualification of this right: the child must be heard if the matter under discussion affects the child. This basic condition has to be respected and understood broadly.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"]},{"id":"crc-c-gc-12-0027","docId":"crc-c-gc-12","idx":27,"n":27,"text":"27. The Open-ended Working Group established by the Commission on Human Rights, which drafted the text of the Convention, rejected a proposal to define these matters by a list limiting the consideration of a child’s or children’s views. Instead, it was decided that the right of the child to be heard should refer to “all matters affecting the child”. The Committee is concerned that children are often denied the right to be heard, even though it is obvious that the matter under consideration is affecting them and they are capable of expressing their own views with regard to this matter. While the Committee supports a broad definition of “matters”, which also covers issues not explicitly mentioned in the Convention, it recognizes the clause “affecting the child”, which was added in order to clarify that no general political mandate was intended. The practice, however, including the World Summit for Children, demonstrates that a wide interpretation of matters affecting the child and children helps to include children in the social processes of their community and society. Thus, States parties should carefully listen to children’s views wherever their perspective can enhance the quality of solutions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"]},{"id":"crc-c-gc-12-0028","docId":"crc-c-gc-12","idx":28,"n":28,"text":"28. The views of the child must be “given due weight in accordance with the age and maturity of the child”. This clause refers to the capacity of the child, which has to be assessed in order to give due weight to her or his views, or to communicate to the child the way in which those views have influenced the outcome of the process. Article 12 stipulates that simply listening to the child is insufficient; the views of the child have to be seriously considered when the child is capable of forming her or his own views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0029","docId":"crc-c-gc-12","idx":29,"n":29,"text":"29. By requiring that due weight be given in accordance with age and maturity, article 12 makes it clear that age alone cannot determine the significance of a child’s views. Children’s levels of understanding are not uniformly linked to their biological age. Research has shown that information, experience, environment, social and cultural expectations, and levels of support all contribute to the development of a child’s capacities to form a view. For this reason, the views of the child have to be assessed on a case-by-case examination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0030","docId":"crc-c-gc-12","idx":30,"n":30,"text":"30. Maturity refers to the ability to understand and assess the implications of a particular matter, and must therefore be considered when determining the individual capacity of a child. Maturity is difficult to define; in the context of article 12, it is the capacity of a child to express her or his views on issues in a reasonable and independent manner. The impact of the matter on the child must also be taken into consideration. The greater the impact of the outcome on the life of the child, the more relevant the appropriate assessment of the maturity of that child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0031","docId":"crc-c-gc-12","idx":31,"n":31,"text":"31. Consideration needs to be given to the notion of the evolving capacities of the child, and direction and guidance from parents (see para. 84 and sect. C below).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”"]},{"id":"crc-c-gc-12-0032","docId":"crc-c-gc-12","idx":32,"n":32,"text":"32. Article 12, paragraph 2, specifies that opportunities to be heard have to be provided in particular “in any judicial and administrative proceedings affecting the child”. The Committee emphasizes that this provision applies to all relevant judicial proceedings affecting the child, without limitation, including, for example, separation of parents, custody, care and adoption, children in conflict with the law, child victims of physical or psychological violence, sexual abuse or other crimes, health care, social security, unaccompanied children, asylum-seeking and refugee children, and victims of armed conflict and other emergencies. Typical administrative proceedings include, for example, decisions about children’s education, health, environment, living conditions, or protection. Both kinds of proceedings may involve alternative dispute mechanisms such as mediation and arbitration.","labels":["Refugees & asylum-seekers","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”","(b) Paragraph 2 of article 12"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0033","docId":"crc-c-gc-12","idx":33,"n":33,"text":"33. The right to be heard applies both to proceedings which are initiated by the child, such as complaints against ill-treatment and appeals against school exclusion, as well as to those initiated by others which affect the child, such as parental separation or adoption. States parties are encouraged to introduce legislative measures requiring decision makers in judicial or administrative proceedings to explain the extent of the consideration given to the views of the child and the consequences for the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”","(b) Paragraph 2 of article 12"]},{"id":"crc-c-gc-12-0034","docId":"crc-c-gc-12","idx":34,"n":34,"text":"34. A child cannot be heard effectively where the environment is intimidating, hostile, insensitive or inappropriate for her or his age. Proceedings must be both accessible and childappropriate. Particular attention needs to be paid to the provision and delivery of childfriendly information, adequate support for self-advocacy, appropriately trained staff, design of court rooms, clothing of judges and lawyers, sight screens, and separate waiting rooms.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iv) “In all matters affecting the child”","(b) Paragraph 2 of article 12"]},{"id":"crc-c-gc-12-0035","docId":"crc-c-gc-12","idx":35,"n":35,"text":"35. After the child has decided to be heard, he or she will have to decide how to be heard: “either directly, or through a representative or appropriate body”. The Committee recommends that, wherever possible, the child must be given the opportunity to be directly heard in any proceedings.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(ii) “Either directly, or through a representative or an appropriate body”"]},{"id":"crc-c-gc-12-0036","docId":"crc-c-gc-12","idx":36,"n":36,"text":"36. The representative can be the parent(s), a lawyer, or another person (inter alia, a social worker). However, it must be stressed that in many cases (civil, penal or administrative), there are risks of a conflict of interest between the child and their most obvious representative (parent(s)). If the hearing of the child is undertaken through a representative, it is of utmost importance that the child’s views are transmitted correctly to the decision maker by the representative. The method chosen should be determined by the child (or by the appropriate authority as necessary) according to her or his particular situation. Representatives must have sufficient knowledge and understanding of the various aspects of the decision-making process and experience in working with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(ii) “Either directly, or through a representative or an appropriate body”"]},{"id":"crc-c-gc-12-0037","docId":"crc-c-gc-12","idx":37,"n":37,"text":"37. The representative must be aware that she or he represents exclusively the interests of the child and not the interests of other persons (parent(s)), institutions or bodies (e.g. residential home, administration or society). Codes of conduct should be developed for representatives who are appointed to represent the child’s views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(ii) “Either directly, or through a representative or an appropriate body”"]},{"id":"crc-c-gc-12-0038","docId":"crc-c-gc-12","idx":38,"n":38,"text":"38. The opportunity for representation must be “in a manner consistent with the procedural rules of national law”. This clause should not be interpreted as permitting the use of procedural legislation which restricts or prevents enjoyment of this fundamental right. On the contrary, States parties are encouraged to comply with the basic rules of fair proceedings, such as the right to a defence and the right to access one’s own files.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”"]},{"id":"crc-c-gc-12-0039","docId":"crc-c-gc-12","idx":39,"n":39,"text":"39. When rules of procedure are not adhered to, the decision of the court or the administrative authority can be challenged and may be overturned, substituted, or referred back for further juridical consideration.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”"]},{"id":"crc-c-gc-12-0040","docId":"crc-c-gc-12","idx":40,"n":40,"text":"40. Implementation of the two paragraphs of article 12 requires five steps to be taken in order to effectively realize the right of the child to be heard whenever a matter affects a child or when the child is invited to give her or his views in a formal proceeding as well as in other settings. These requirements have to be applied in a way which is appropriate for the given context.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0041","docId":"crc-c-gc-12","idx":41,"n":41,"text":"41. Those responsible for hearing the child have to ensure that the child is informed about her or his right to express her or his opinion in all matters affecting the child and, in particular, in any judicial and administrative decision-making processes, and about the impact that his or her expressed views will have on the outcome. The child must, furthermore, receive information about the option of either communicating directly or through a representative. She or he must be aware of the possible consequences of this choice. The decision maker must adequately prepare the child before the hearing, providing explanations as to how, when and where the hearing will take place and who the participants will be, and has to take account of the views of the child in this regard.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”"]},{"id":"crc-c-gc-12-0042","docId":"crc-c-gc-12","idx":42,"n":42,"text":"42. The context in which a child exercises her or his right to be heard has to be enabling and encouraging, so that the child can be sure that the adult who is responsible for the hearing is willing to listen and seriously consider what the child has decided to communicate. The person who will hear the views of the child can be an adult involved in the matters affecting the child (e.g. a teacher, social worker or caregiver), a decision maker in an institution (e.g. a director, administrator or judge), or a specialist (e.g. a psychologist or physician).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(b) The hearing"]},{"id":"crc-c-gc-12-0043","docId":"crc-c-gc-12","idx":43,"n":43,"text":"Experience indicates that the situation should have the format of a talk rather than a one-sided examination. Preferably, a child should not be heard in open court, but under conditions of confidentiality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(b) The hearing"]},{"id":"crc-c-gc-12-0044","docId":"crc-c-gc-12","idx":44,"n":44,"text":"44. The child’s views must be given due weight, when a case-by-case analysis indicates that the child is capable of forming her or his own views. If the child is capable of forming her or his own views in a reasonable and independent manner, the decision maker must consider the views of the child as a significant factor in the settlement of the issue. Good practice for assessing the capacity of the child has to be developed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(c) Assessment of the capacity of the child"]},{"id":"crc-c-gc-12-0045","docId":"crc-c-gc-12","idx":45,"n":45,"text":"45. Since the child enjoys the right that her or his views are given due weight, the decision maker has to inform the child of the outcome of the process and explain how her or his views were considered. The feedback is a guarantee that the views of the child are not only heard as a formality, but are taken seriously. The information may prompt the child to insist, agree or make another proposal or, in the case of a judicial or administrative procedure, file an appeal or a complaint.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(c) Assessment of the capacity of the child"]},{"id":"crc-c-gc-12-0046","docId":"crc-c-gc-12","idx":46,"n":46,"text":"46. Legislation is needed to provide children with complaint procedures and remedies when their right to be heard and for their views to be given due weight is disregarded and violated.[[fn:7]] Children should have the possibility of addressing an ombudsman or a person of a comparable role in all children’s institutions, inter alia, in schools and day-care centres, in order to voice their complaints. Children should know who these persons are and how to access them. In the case of family conflicts about consideration of children’s views, a child should be able to turn to a person in the youth services of the community.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":7,"text":"See the Committee’s general comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child, para. 24."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(e) Complaints, remedies and redress"]},{"id":"crc-c-gc-12-0047","docId":"crc-c-gc-12","idx":47,"n":47,"text":"47. If the right of the child to be heard is breached with regard to judicial and administrative proceedings (art. 12, para. 2), the child must have access to appeals and complaints procedures which provide remedies for rights violations. Complaints procedures must provide reliable mechanisms to ensure that children are confident that using them will not expose them to risk of violence or punishment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","(e) Complaints, remedies and redress"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0048","docId":"crc-c-gc-12","idx":48,"n":48,"text":"48. The child’s right to be heard imposes the obligation on States parties to review or amend their legislation in order to introduce mechanisms providing children with access to appropriate information, adequate support, if necessary, feedback on the weight given to their views, and procedures for complaints, remedies or redress.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0049","docId":"crc-c-gc-12","idx":49,"n":49,"text":"49. In order to fulfil these obligations, States parties should adopt the following strategies:","labels":["Refugees & asylum-seekers","Children","Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0050","docId":"crc-c-gc-12","idx":50,"n":50,"text":"50. The main issues which require that the child be heard are detailed below:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0051","docId":"crc-c-gc-12","idx":51,"n":51,"text":"51. In cases of separation and divorce, the children of the relationship are unequivocally affected by decisions of the courts. Issues of maintenance for the child as well as custody and access are determined by the judge either at trial or through court-directed mediation. Many jurisdictions have included in their laws, with respect to the dissolution of a relationship, a provision that the judge must give paramount consideration to the “best interests of the child”.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0052","docId":"crc-c-gc-12","idx":52,"n":52,"text":"52. For this reason, all legislation on separation and divorce has to include the right of the child to be heard by decision makers and in mediation processes. Some jurisdictions, either as a matter of policy or legislation, prefer to state an age at which the child is regarded as capable of expressing her or his own views. The Convention, however, anticipates that this matter be determined on a case-by-case basis, since it refers to age and maturity, and for this reason requires an individual assessment of the capacity of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0053","docId":"crc-c-gc-12","idx":53,"n":53,"text":"53. Whenever a decision is made to remove a child from her or his family because the child is a victim of abuse or neglect within his or her home, the view of the child must be taken into account in order to determine the best interests of the child. The intervention may be initiated by a complaint from a child, another family member or a member of the community alleging abuse or neglect in the family.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0054","docId":"crc-c-gc-12","idx":54,"n":54,"text":"54. The Committee’s experience is that the child’s right to be heard is not always taken into account by States parties. The Committee recommends that States parties ensure, through legislation, regulation and policy directives, that the child’s views are solicited and considered, including decisions regarding placement in foster care or homes, development of care plans and their review, and visits with parents and family.","labels":["Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0055","docId":"crc-c-gc-12","idx":55,"n":55,"text":"55. When a child is to be placed for adoption or kafalah of Islamic law and finally will be adopted or placed in kafalah, it is vitally important that the child is heard. Such a process is also necessary when step-parents or foster families adopt a child, although the child and the adopting parents may have already been living together for some time.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0056","docId":"crc-c-gc-12","idx":56,"n":56,"text":"56. Article 21 of the Convention states that the best interests of the child shall be the paramount consideration. In decisions on adoption, kafalah or other placement, the “best interests” of the child cannot be defined without consideration of the child’s views. The Committee urges all States parties to inform the child, if possible, about the effects of adoption, kafalah or other placement, and to ensure by legislation that the views of the child are heard.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"21","source":"regex"}]},{"id":"crc-c-gc-12-0057","docId":"crc-c-gc-12","idx":57,"n":57,"text":"57. In penal proceedings, the right of child to express her or his views freely in all matters affecting the child has to be fully respected and implemented throughout every stage of the process of juvenile justice.[[fn:9]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":9,"text":"See the Committee’s general comment No. 10 (2007) on children’s rights in juvenile justice (CRC/C/GC/10)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0058","docId":"crc-c-gc-12","idx":58,"n":58,"text":"58. Article 12, paragraph 2, of the Convention requires that a child alleged to have, accused of, or recognized as having, infringed the penal law, has the right to be heard. This right has to be fully observed during all stages of the judicial process, from the pre-trial stage when the child has the right to remain silent, to the right to be heard by the police, the prosecutor and the investigating judge. It also applies through the stages of adjudication and disposition, as well as implementation of the imposed measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0059","docId":"crc-c-gc-12","idx":59,"n":59,"text":"59. In case of diversion, including mediation, a child must have the opportunity to give free and voluntary consent and must be given the opportunity to obtain legal and other advice and assistance in determining the appropriateness and desirability of the diversion proposed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0060","docId":"crc-c-gc-12","idx":60,"n":60,"text":"60. In order to effectively participate in the proceedings, every child must be informed promptly and directly about the charges against her or him in a language she or he understands, and also about the juvenile justice process and possible measures taken by the court. The proceedings should be conducted in an atmosphere enabling the child to participate and to express her/himself freely.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0061","docId":"crc-c-gc-12","idx":61,"n":61,"text":"61. The court and other hearings of a child in conflict with the law should be conducted behind closed doors. Exceptions to this rule should be very limited, clearly outlined in national legislation and guided by the best interests of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0062","docId":"crc-c-gc-12","idx":62,"n":62,"text":"62. The child victim and child witness of a crime must be given an opportunity to fully exercise her or his right to freely express her or his view in accordance with United Nations Economic and Social Council resolution 2005/20, “Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime”.[[fn:10]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":10,"text":"United Nations Economic and Social Council resolution 2005/20, in particular arts. 8, 19 and 20. Available at: www.un.org/ecosoc/docs/2005/Resolution%202005-20.pdf."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0063","docId":"crc-c-gc-12","idx":63,"n":63,"text":"63. In particular, this means that every effort has to be made to ensure that a child victim or/and witness is consulted on the relevant matters with regard to involvement in the case under scrutiny, and enabled to express freely, and in her or his own manner, views and concerns regarding her or his involvement in the judicial process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0064","docId":"crc-c-gc-12","idx":64,"n":64,"text":"64. The right of the child victim and witness is also linked to the right to be informed about issues such as availability of health, psychological and social services, the role of a child victim and/or witness, the ways in which “questioning” is conducted, existing support mechanisms in place for the child when submitting a complaint and participating in investigations and court proceedings, the specific places and times of hearings, the availability of protective measures, the possibilities of receiving reparation, and the provisions for appeal.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) “In a manner consistent with the procedural rules of national law”","3. Obligations of States parties","(a) Core obligations of States parties"]},{"id":"crc-c-gc-12-0065","docId":"crc-c-gc-12","idx":65,"n":65,"text":"65. All States parties should develop administrative procedures in legislation which reflect the requirements of article 12 and ensure the child’s right to be heard along with other procedural rights, including the rights to disclosure of pertinent records, notice of hearing, and representation by parents or others.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) The child’s right to be heard in administrative proceedings"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0066","docId":"crc-c-gc-12","idx":66,"n":66,"text":"66. Children are more likely to be involved with administrative proceedings than court proceedings, because administrative proceedings are less formal, more flexible and relatively easy to establish through law and regulation. The proceedings have to be child-friendly and accessible.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) The child’s right to be heard in administrative proceedings"]},{"id":"crc-c-gc-12-0067","docId":"crc-c-gc-12","idx":67,"n":67,"text":"67. Specific examples of administrative proceedings relevant for children include mechanisms to address discipline issues in schools (e.g. suspensions and expulsions), refusals to grant school certificates and performance-related issues, disciplinary measures and refusals to grant privileges in juvenile detention centres, asylum requests from unaccompanied children, and applications for driver’s licences. In these matters a child should have the right to be heard and enjoy the other rights “consistent with the procedural rules of national law”.","labels":["Refugees & asylum-seekers","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","(iii) The child’s right to be heard in administrative proceedings"]},{"id":"crc-c-gc-12-0068","docId":"crc-c-gc-12","idx":68,"n":68,"text":"68. Article 12, as a general principle, is linked to the other general principles of the Convention, such as article 2 (the right to non-discrimination), article 6 (the right to life, survival and development) and, in particular, is interdependent with article 3 (primary consideration of the best interests of the child). The article is also closely linked with the articles related to civil rights and freedoms, particularly article 13 (the right to freedom of expression) and article 17 (the right to information). Furthermore, article 12 is connected to all other articles of the Convention, which cannot be fully implemented if the child is not respected as a subject with her or his own views on the rights enshrined in the respective articles and their implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0069","docId":"crc-c-gc-12","idx":69,"n":69,"text":"69. The connection of article 12 to article 5 (evolving capacities of the child and appropriate direction and guidance from parents, see para. 84 of the present general comment) is of special relevance, since it is crucial that the guidance given by parents takes account of the evolving capacities of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-12-0070","docId":"crc-c-gc-12","idx":70,"n":70,"text":"70. The purpose of article 3 is to ensure that in all actions undertaken concerning children, by a public or private welfare institution, courts, administrative authorities or legislative bodies, the best interests of the child are a primary consideration. It means that every action taken on behalf of the child has to respect the best interests of the child. The best interests of the child is similar to a procedural right that obliges States parties to introduce steps into the action process to ensure that the best interests of the child are taken into consideration. The Convention obliges States parties to assure that those responsible for these actions hear the child as stipulated in article 12. This step is mandatory.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","1. Articles 12 and 3"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0071","docId":"crc-c-gc-12","idx":71,"n":71,"text":"71. The best interests of the child, established in consultation with the child, is not the only factor to be considered in the actions of institutions, authorities and administration. It is, however, of crucial importance, as are the views of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","1. Articles 12 and 3"]},{"id":"crc-c-gc-12-0072","docId":"crc-c-gc-12","idx":72,"n":72,"text":"72. Article 3 is devoted to individual cases, but, explicitly, also requires that the best interests of children as a group are considered in all actions concerning children. States parties are consequently under an obligation to consider not only the individual situation of each child when identifying their best interests, but also the interests of children as a group. Moreover, States parties must examine the actions of private and public institutions, authorities, as well as legislative bodies. The extension of the obligation to “legislative bodies” clearly indicates that every law, regulation or rule that affects children must be guided by the “best interests” criterion.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","1. Articles 12 and 3"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-12-0073","docId":"crc-c-gc-12","idx":73,"n":73,"text":"73. There is no doubt that the best interests of children as a defined group have to be established in the same way as when weighing individual interests. If the best interests of large numbers of children are at stake, heads of institutions, authorities, or governmental bodies should also provide opportunities to hear the concerned children from such undefined groups and to give their views due weight when they plan actions, including legislative decisions, which directly or indirectly affect children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","1. Articles 12 and 3"]},{"id":"crc-c-gc-12-0074","docId":"crc-c-gc-12","idx":74,"n":74,"text":"74. There is no tension between articles 3 and 12, only a complementary role of the two general principles: one establishes the objective of achieving the best interests of the child and the other provides the methodology for reaching the goal of hearing either the child or the children. In fact, there can be no correct application of article 3 if the components of article 12 are not respected. Likewise, article 3 reinforces the functionality of article 12, facilitating the essential role of children in all decisions affecting their lives.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","1. Articles 12 and 3"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0075","docId":"crc-c-gc-12","idx":75,"n":75,"text":"75. The right to non-discrimination is an inherent right guaranteed by all human rights instruments including the Convention on the Rights of the Child. According to article 2 of the Convention, every child has the right not to be discriminated against in the exercise of his or her rights including those provided under article 12. The Committee stresses that States parties shall take adequate measures to assure to every child the right to freely express his or her views and to have those views duly taken into account without discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. States parties shall address discrimination, including against vulnerable or marginalized groups of children, to ensure that children are assured their right to be heard and are enabled to participate in all matters affecting them on an equal basis with all other children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","2. Articles 12, 2 and 6"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0076","docId":"crc-c-gc-12","idx":76,"n":76,"text":"76. In particular, the Committee notes with concern that, in some societies, customary attitudes and practices undermine and place severe limitations on the enjoyment of this right. States","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","2. Articles 12, 2 and 6"]},{"id":"crc-c-gc-12-0077","docId":"crc-c-gc-12","idx":77,"n":77,"text":"77. The Committee urges States parties to pay special attention to the right of the girl child to be heard, to receive support, if needed, to voice her view and her view be given due weight, as gender stereotypes and patriarchal values undermine and place severe limitations on girls in the enjoyment of the right set forth in article 12.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","2. Articles 12, 2 and 6"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0078","docId":"crc-c-gc-12","idx":78,"n":78,"text":"78. The Committee welcomes the obligation of States parties in article 7 of the Convention on the Rights of Persons with Disabilities to ensure that children with disabilities are provided with the necessary assistance and equipment to enable them to freely express their views and for those views to be given due weight.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","2. Articles 12, 2 and 6"],"citedArticles":[{"treaty":"CRPD","article":"7","source":"regex"}]},{"id":"crc-c-gc-12-0079","docId":"crc-c-gc-12","idx":79,"n":79,"text":"79. Article 6 of the Convention on the Rights of the Child acknowledges that every child has an inherent right to life and that States parties shall ensure, to the maximum extent possible, the survival and development of the child. The Committee notes the importance of promoting opportunities for the child’s right to be heard, as child participation is a tool to stimulate the full development of the personality and the evolving capacities of the child consistent with article 6 and with the aims of education embodied in article 29.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","2. Articles 12, 2 and 6"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-12-0080","docId":"crc-c-gc-12","idx":80,"n":80,"text":"80. Article 13, on the right to freedom of expression, and article 17, on access to information, are crucial prerequisites for the effective exercise of the right to be heard. These articles establish that children are subjects of rights and, together with article 12, they assert that the child is entitled to exercise those rights on his or her own behalf, in accordance with her or his evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","3. Articles 12, 13 and 17"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0081","docId":"crc-c-gc-12","idx":81,"n":81,"text":"81. The right to freedom of expression embodied in article 13 is often confused with article 12. However, while both articles are strongly linked, they do elaborate different rights. Freedom of expression relates to the right to hold and express opinions, and to seek and receive information through any media. It asserts the right of the child not to be restricted by the State party in the opinions she or he holds or expresses. As such, the obligation it imposes on States parties is to refrain from interference in the expression of those views, or in access to information, while protecting the right of access to means of communication and public dialogue. Article 12, however, relates to the right of expression of views specifically about matters which affect the child, and the right to be involved in actions and decisions that impact on her or his life. Article 12 imposes an obligation on States parties to introduce the legal framework and mechanisms necessary to facilitate active involvement of the child in all actions affecting the child and in decision-making, and to fulfil the obligation to give due weight to those views once expressed. Freedom of expression in article 13 requires no such engagement or response from States parties. However, creating an environment of respect for children to express their views, consistent with article 12, also contributes towards building children’s capacities to exercise their right to freedom of expression.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","3. Articles 12, 13 and 17"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0082","docId":"crc-c-gc-12","idx":82,"n":82,"text":"82. Fulfilment of the child’s right to information, consistent with article 17 is, to a large degree, a prerequisite for the effective realization of the right to express views. Children need access to information in formats appropriate to their age and capacities on all issues of concern to them. This applies to information, for example, relating to their rights, any proceedings affecting them, national legislation, regulations and policies, local services, and appeals and complaints procedures. Consistent with articles 17 and 42, States parties should include children’s rights in the school curricula.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","3. Articles 12, 13 and 17"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"42","source":"regex"}]},{"id":"crc-c-gc-12-0083","docId":"crc-c-gc-12","idx":83,"n":83,"text":"83. The Committee also reminds States parties that the media are an important means both of promoting awareness of the right of children to express their views, and of providing opportunities for the public expression of such views. It urges various forms of the media to dedicate further resources to the inclusion of children in the development of programmes and the creation of opportunities for children to develop and lead media initiatives on their rights.[[fn:11]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":11,"text":"Day of general discussion on the child and the media (1996): www.unhchr.ch/html/menu2/6/ crc/doc/days/media.pdf."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","3. Articles 12, 13 and 17"]},{"id":"crc-c-gc-12-0084","docId":"crc-c-gc-12","idx":84,"n":84,"text":"84. Article 5 of the Convention states that States parties shall respect the responsibilities, rights and duties of parents, legal guardians, or members of the extended family or community as provided for by local custom, to give direction and guidance to the child in her or his exercise of the rights recognized in the Convention. Consequently, the child has a right to direction and guidance, which have to compensate for the lack of knowledge, experience and understanding of the child and are restricted by his or her evolving capacities, as stated in this article. The more the child himself or herself knows, has experienced and understands, the more the parent, legal guardian or other persons legally responsible for the child have to transform direction and guidance into reminders and advice and later to an exchange on an equal footing. This transformation will not take place at a fixed point in a child’s development, but will steadily increase as the child is encouraged to contribute her or his views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","4. Articles 12 and 5"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-12-0085","docId":"crc-c-gc-12","idx":85,"n":85,"text":"85. This requirement is stimulated by article 12 of the Convention, which stipulates that the child’s views must be given due weight, whenever the child is capable of forming her or his own views. In other words, as children acquire capacities, so they are entitled to an increasing level of responsibility for the regulation of matters affecting them.[[fn:12]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":12,"text":"General comment No. 5 (2003) on general measures of implementation for the Convention on the Rights of the Child."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","4. Articles 12 and 5"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0086","docId":"crc-c-gc-12","idx":86,"n":86,"text":"86. In addition to the articles discussed in the preceding paragraphs, most other articles of the Convention require and promote children’s involvement in matters affecting them. For these manifold involvements, the concept of participation is ubiquitously used. Unquestionably, the lynchpin of these involvements is article 12, but the requirement of planning, working and developing in consultation with children is present throughout the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","4. Articles 12 and 5"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0087","docId":"crc-c-gc-12","idx":87,"n":87,"text":"87. The practice of implementation deals with a broad range problems, such as health, the economy, education or the environment, which are of interest not only to the child as an individual, but to groups of children and children in general. Consequently, the Committee has always interpreted participation broadly in order to establish procedures not only for individual children and clearly defined groups of children, but also for groups of children, such as indigenous children, children with disabilities, or children in general, who are affected directly or indirectly by social, economic or cultural conditions of living in their society.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","4. Articles 12 and 5"]},{"id":"crc-c-gc-12-0088","docId":"crc-c-gc-12","idx":88,"n":88,"text":"88. This broad understanding of children’s participation is reflected in the outcome document adopted by the twenty-seventh special session of the General Assembly entitled “A world fit for children”. States parties have promised “to develop and implement programmes to promote meaningful participation by children, including adolescents, in decision-making processes, including in families and schools and at the local and national levels” (para. 32, subpara. 1). The Committee has stated in its general comment No. 5 on general measures of implementation for the Convention on the Rights of the Child: “It is important that Governments develop a direct relationship with children, not simply one mediated through non-governmental organizations (NGOs) or human rights institutions.”[[fn:13]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":13,"text":"Ibid., para. 12."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","B. The right to be heard and the links with other provisions of the Convention","4. Articles 12 and 5"]},{"id":"crc-c-gc-12-0089","docId":"crc-c-gc-12","idx":89,"n":89,"text":"89. The right of the child to be heard has to be implemented in the diverse settings and situations in which children grow up, develop and learn. In these settings and situations, different concepts of the child and her or his role exist, which may invite or restrict children’s involvement in everyday matters and crucial decisions. Various ways of influencing the implementation of the child’s right to be heard are available, which States parties may use to foster children’s participation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations"]},{"id":"crc-c-gc-12-0090","docId":"crc-c-gc-12","idx":90,"n":90,"text":"90. A family where children can freely express views and be taken seriously from the earliest ages provides an important model, and is a preparation for the child to exercise the right to be heard in the wider society.14 Such an approach to parenting serves to promote individual development, enhance family relations and support children’s socialization and plays a preventive role against all forms of violence in the home and family.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0091","docId":"crc-c-gc-12","idx":91,"n":91,"text":"91. The Convention recognizes the rights and responsibilities of parents, or other legal guardians, to provide appropriate direction and guidance to their children (see para. 84 above), but underlines that this is to enable the child to exercise his or her rights and requires that direction and guidance are undertaken in a manner consistent with the evolving capacities of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0092","docId":"crc-c-gc-12","idx":92,"n":92,"text":"92. States parties should encourage, through legislation and policy, parents, guardians and childminders to listen to children and give due weight to their views in matters that concern them. Parents should also be advised to support children in realizing the right to express their views freely and to have children’s views duly taken into account at all levels of society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0093","docId":"crc-c-gc-12","idx":93,"n":93,"text":"93. In order to support the development of parenting styles respecting the child’s right to be heard, the Committee recommends that States parties promote parent education programmes, which build on existing positive behaviours and attitudes and disseminate information on the rights of children and parents enshrined in the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0094","docId":"crc-c-gc-12","idx":94,"n":94,"text":"94. Such programmes need to address:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0095","docId":"crc-c-gc-12","idx":95,"n":95,"text":"95. These programmes have to reinforce the principle that girls and boys have equal rights to express their views.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0096","docId":"crc-c-gc-12","idx":96,"n":96,"text":"96. The media should play a strong role in communicating to parents that their children’s participation is of high value for the children themselves, their families and society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","1. In the family"]},{"id":"crc-c-gc-12-0097","docId":"crc-c-gc-12","idx":97,"n":97,"text":"97. Mechanisms must be introduced to ensure that children in all forms of alternative care, including in institutions, are able to express their views and that those views be given due weight in matters of their placement, the regulations of care in foster families or homes and their daily lives. These should include:","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","2. In alternative care"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-12-0098","docId":"crc-c-gc-12","idx":98,"n":98,"text":"98. The realization of the provisions of the Convention requires respect for the child’s right to express his or her views and to participate in promoting the healthy development and well-being of children. This applies to individual health-care decisions, as well as to children’s involvement in the development of health policy and services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0099","docId":"crc-c-gc-12","idx":99,"n":99,"text":"99. The Committee identifies several distinct but linked issues that need consideration in respect of the child’s involvement in practices and decisions relating to her or his own health care.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0100","docId":"crc-c-gc-12","idx":100,"n":100,"text":"100. Children, including young children, should be included in decision-making processes, in a manner consistent with their evolving capacities. They should be provided with information about proposed treatments and their effects and outcomes, including in formats appropriate and accessible to children with disabilities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0101","docId":"crc-c-gc-12","idx":101,"n":101,"text":"101. States parties need to introduce legislation or regulations to ensure that children have access to confidential medical counselling and advice without parental consent, irrespective of the child’s age, where this is needed for the child’s safety or well-being. Children may need such access, for example, where they are experiencing violence or abuse at home, or in need of reproductive health education or services, or in case of conflicts between parents and the child over access to health services. The right to counselling and advice is distinct from the right to give medical consent and should not be subject to any age limit.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0102","docId":"crc-c-gc-12","idx":102,"n":102,"text":"102. The Committee welcomes the introduction in some countries of a fixed age at which the right to consent transfers to the child, and encourages States parties to give consideration to the introduction of such legislation. Thus, children above that age have an entitlement to give consent without the requirement for any individual professional assessment of capacity after consultation with an independent and competent expert. However, the Committee strongly recommends that States parties ensure that, where a younger child can demonstrate capacity to express an informed view on her or his treatment, this view is given due weight.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0103","docId":"crc-c-gc-12","idx":103,"n":103,"text":"103. Physicians and health-care facilities should provide clear and accessible information to children on their rights concerning their participation in paediatric research and clinical trials. They have to be informed about the research, so that their informed consent can be obtained in addition to other procedural safeguards.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0104","docId":"crc-c-gc-12","idx":104,"n":104,"text":"104. States parties should also introduce measures enabling children to contribute their views and experiences to the planning and programming of services for their health and development. Their views should be sought on all aspects of health provision, including what services are needed, how and where they are best provided, discriminatory barriers to accessing services, quality and attitudes of health professionals, and how to promote children’s capacities to take increasing levels of responsibility for their own health and development. This information can be obtained through, inter alia, feedback systems for children using services or involved in research and consultative processes, and can be transmitted to local or national children’s councils or parliaments to develop standards and indicators of health services that respect the rights of the child.[[fn:14]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":14,"text":"The Committee also draws attention to its general comment No. 3 (2003) on HIV/Aids and the rights of the child, paras. 11 and 12, and its general comment No. 4 (2003) on adolescent health, para. 6."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","3. In health care"]},{"id":"crc-c-gc-12-0105","docId":"crc-c-gc-12","idx":105,"n":105,"text":"105. Respect for right of the child to be heard within education is fundamental to the realization of the right to education. The Committee notes with concern continuing authoritarianism, discrimination, disrespect and violence which characterize the reality of many schools and classrooms. Such environments are not conducive to the expression of children’s views and the due weight to be given these views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0106","docId":"crc-c-gc-12","idx":106,"n":106,"text":"106. The Committee recommends that States parties take action to build opportunities for children to express their views and for those views to be given due weight with regard to the following issues.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0107","docId":"crc-c-gc-12","idx":107,"n":107,"text":"107. In all educational environments, including educational programmes in the early years, the active role of children in a participatory learning environment should be promoted.[[fn:15]] Teaching and learning must take into account life conditions and prospects of the children. For this reason, education authorities have to include children’s and their parents’ views in the planning of curricula and school programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":15,"text":"“A human rights-based approach to Education for All: A framework for the realization of children’s right to education and rights within education”, UNICEF/UNESCO (2007)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0108","docId":"crc-c-gc-12","idx":108,"n":108,"text":"108. Human rights education can shape the motivations and behaviours of children only when human rights are practised in the institutions in which the child learns, plays and lives together with other children and adults.[[fn:16]] In particular, the child’s right to be heard is under critical scrutiny by children in these institutions, where children can observe, whether in fact due weight is given to their views as declared in the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":16,"text":"Committee on the Rights of the Child, general comment No. 1 (2001) on the aims of education (art. 29, para. 1 of the Convention), (CRC/GC/2001/1)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0109","docId":"crc-c-gc-12","idx":109,"n":109,"text":"109. Children’s participation is indispensable for the creation of a social climate in the classroom, which stimulates cooperation and mutual support needed for child-centred interactive learning. Giving children’s views weight is particularly important in the elimination of discrimination, prevention of bullying and disciplinary measures. The Committee welcomes the expansion of peer education and peer counselling.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0110","docId":"crc-c-gc-12","idx":110,"n":110,"text":"110. Steady participation of children in decision-making processes should be achieved through, inter alia, class councils, student councils and student representation on school boards and committees, where they can freely express their views on the development and implementation of school policies and codes of behaviour. These rights need to be enshrined in legislation, rather than relying on the goodwill of authorities, schools and head teachers to implement them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0111","docId":"crc-c-gc-12","idx":111,"n":111,"text":"111. Beyond the school, States parties should consult children at the local and national levels on all aspects of education policy, including, inter alia, the strengthening of the child-friendly character of the educational system, informal and non-formal facilities of learning, which give children a “second chance”, school curricula, teaching methods, school structures, standards, budgeting and child-protection systems.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0112","docId":"crc-c-gc-12","idx":112,"n":112,"text":"112. The Committee encourages States parties to support the development of independent student organizations, which can assist children in competently performing their participatory roles in the education system.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0113","docId":"crc-c-gc-12","idx":113,"n":113,"text":"113. In decisions about the transition to the next level of schools or choice of tracks or streams, the right of the child to be heard has to be assured as these decisions deeply affect the child’s best interests. Such decisions must be subject to administrative or judicial review. Additionally, in disciplinary matters, the right of the child to be heard has to be fully respected.[[fn:17]] In particular, in the case of exclusion of a child from instruction or school, this decision must be subject to judicial review as it contradicts the child’s right to education.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":17,"text":"States parties should refer to the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, which explains participatory strategies to eliminate corporal punishment (CRC/C/GC/8)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0114","docId":"crc-c-gc-12","idx":114,"n":114,"text":"114. The Committee welcomes the introduction of child-friendly school programmes in many countries, which seek to provide interactive, caring, protective and participatory environments that prepare children and adolescents for active roles in society and responsible citizenship within their communities.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","4. In education and school"]},{"id":"crc-c-gc-12-0115","docId":"crc-c-gc-12","idx":115,"n":115,"text":"115. Children require play, recreation, physical and cultural activities for their development and socialization. These should be designed taking into account children’s preferences and capacities. Children who are able to express their views should be consulted regarding the accessibility and appropriateness of play and recreation facilities. Very young children and some children with disabilities, who are unable to participate in formal consultative processes, should be provided with particular opportunities to express their wishes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","5. In play, recreation, sports and cultural activities"]},{"id":"crc-c-gc-12-0116","docId":"crc-c-gc-12","idx":116,"n":116,"text":"116. Children working at younger ages than permitted by laws and International Labour Organization Conventions Nos. 138 (1973) and 182 (1999) have to be heard in child-sensitive settings in order to understand their views of the situation and their best interests. They should be included in the search for a solution, which respects the economic and socio-structural constraints as well as the cultural context under which these children work. Children should also be heard when policies are developed to eliminate the root causes of child labour, in particular regarding education.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","5. In play, recreation, sports and cultural activities"]},{"id":"crc-c-gc-12-0117","docId":"crc-c-gc-12","idx":117,"n":117,"text":"117. Working children have a right to be protected by law against exploitation and should be heard when worksites and conditions of work are examined by inspectors investigating the implementation of labour laws. Children and, if existing, representatives of working children’s associations should also be heard when labour laws are drafted or when the enforcement of laws is considered and evaluated.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","5. In play, recreation, sports and cultural activities"]},{"id":"crc-c-gc-12-0118","docId":"crc-c-gc-12","idx":118,"n":118,"text":"118. The Convention establishes the right of the child to be protected from all forms of violence and the responsibility of States parties to ensure this right for every child without any discrimination. The Committee encourages States parties to consult with children in the development and implementation of legislative, policy, educational and other measures to address all forms of violence. Particular attention needs to be paid to ensuring that marginalized and disadvantaged children, such as exploited children, street children or refugee children, are not excluded from consultative processes designed to elicit views on relevant legislation and policy processes.","labels":["Refugees & asylum-seekers","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","7. In situations of violence"]},{"id":"crc-c-gc-12-0119","docId":"crc-c-gc-12","idx":119,"n":119,"text":"119. In this regard, the Committee welcomes the findings of the Secretary-General’s Study on Violence against Children, and urges States Parties to implement fully its recommendations, including the recommendation to provide the space for children to freely express their views and give these views due weight in all aspects of prevention, reporting and monitoring violence against them.[[fn:18]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":18,"text":"Report of the independent expert for the United Nations Study on Violence against Children (A/61/299)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","7. In situations of violence"]},{"id":"crc-c-gc-12-0120","docId":"crc-c-gc-12","idx":120,"n":120,"text":"120. Much of the violence perpetrated against children goes unchallenged both because certain forms of abusive behaviour are understood by children as accepted practices, and due to the lack of child-friendly reporting mechanisms. For example, they have no one to whom they can report in confidence and safety about experienced maltreatment, such as corporal punishment, genital mutilation or early marriage, and no channel to communicate their general observations to those accountable for implementation of their rights. Thus, effective inclusion of children in protective measures requires that children be informed about their right to be heard and to grow up free from all forms of physical and psychological violence. States parties should oblige all children’s institutions to establish easy access to individuals or organizations to which they can report in","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","7. In situations of violence"]},{"id":"crc-c-gc-12-0121","docId":"crc-c-gc-12","idx":121,"n":121,"text":"121. The Committee also draws the attention of States parties to the recommendation in the Secretary-General’s Study on Violence against Children to support and encourage children’s organizations and child-led initiatives to address violence and to include these organizations in the elaboration, establishment and evaluation of anti-violence programmes and measures, so that children can play a key role in their own protection.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","7. In situations of violence"]},{"id":"crc-c-gc-12-0122","docId":"crc-c-gc-12","idx":122,"n":122,"text":"122. The Committee notes that the voices of children have increasingly become a powerful force in the prevention of child rights violations. Good practice examples are available, inter alia, in the fields of violence prevention in schools, combating child exploitation through hazardous and extensive labour, providing health services and education to street children, and in the juvenile justice system. Children should be consulted in the formulation of legislation and policy related to these and other problem areas and involved in the drafting, development and implementation of related plans and programmes.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","8. In the development of prevention strategies"]},{"id":"crc-c-gc-12-0123","docId":"crc-c-gc-12","idx":123,"n":123,"text":"123. Children who come to a country following their parents in search of work or as refugees are in a particularly vulnerable situation. For this reason it is urgent to fully implement their right to express their views on all aspects of the immigration and asylum proceedings. In the case of migration, the child has to be heard on his or her educational expectations and health conditions in order to integrate him or her into school and health services. In the case of an asylum claim, the child must additionally have the opportunity to present her or his reasons leading to the asylum claim.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","9. In immigration and asylum proceedings"]},{"id":"crc-c-gc-12-0124","docId":"crc-c-gc-12","idx":124,"n":124,"text":"124. The Committee emphasizes that these children have to be provided with all relevant information, in their own language, on their entitlements, the services available, including means of communication, and the immigration and asylum process, in order to make their voice heard and to be given due weight in the proceedings. A guardian or adviser should be appointed, free of charge. Asylum-seeking children may also need effective family tracing and relevant information about the situation in their country of origin to determine their best interests. Particular assistance may be needed for children formerly involved in armed conflict to allow them to pronounce their needs. Furthermore, attention is needed to ensure that stateless children are included in decision-making processes within the territories where they reside.[[fn:19]]","labels":["Refugees & asylum-seekers","Children","Non-citizens and stateless","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":19,"text":"Cf. the Committee’s general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin (CRC/GC/2005/6)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","9. In immigration and asylum proceedings"]},{"id":"crc-c-gc-12-0125","docId":"crc-c-gc-12","idx":125,"n":125,"text":"125. The Committee underlines that the right embodied in article 12 does not cease in situations of crisis or in their aftermath. There is a growing body of evidence of the significant contribution that children are able to make in conflict situations, post-conflict resolution and reconstruction processes following emergencies.[[fn:20]] Thus, the Committee emphasized in its recommendation after the day of general discussion in 2008 that children affected by emergencies should be encouraged and enabled to participate in analysing their situation and future prospects. Children’s participation helps them to regain control over their lives, contributes to rehabilitation, develops organizational skills and strengthens a sense of identity. However, care needs to be taken to protect children from exposure to situations that are likely to be traumatic or harmful.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"footnotes":[{"n":20,"text":"“The participation of children and young people in emergencies: a guide for relief agencies”, UNICEF, Bangkok (2007)."}],"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","9. In immigration and asylum proceedings"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0126","docId":"crc-c-gc-12","idx":126,"n":126,"text":"126. Accordingly, the Committee encourages States parties to support mechanisms which enable children, in particular adolescents, to play an active role in both post-emergency reconstruction and post-conflict resolution processes. Their views should be elicited in the assessment, design, implementation, monitoring and evaluation of programmes. For example, children in refugee camps can be encouraged to contribute to their own safety and well-being through the establishment of children’s forums. Support needs to be given to enable children to establish such forums, while ensuring that their operation is consistent with children’s best interests and their right to protection from harmful experiences.","labels":["Refugees & asylum-seekers","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","9. In immigration and asylum proceedings"]},{"id":"crc-c-gc-12-0127","docId":"crc-c-gc-12","idx":127,"n":127,"text":"127. Much of the opportunity for children’s participation takes place at the community level. The Committee welcomes the growing number of local youth parliaments, municipal children’s councils and ad hoc consultations where children can voice their views in decision-making processes. However, these structures for formal representative participation in local government should be just one of many approaches to the implementation of article 12 at the local level, as they only allow for a relatively small number of children to engage in their local communities. Consulting hours of politicians and officials, open house and visits in schools and kindergartens create additional opportunities for communication.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","11. In national and international settings"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0128","docId":"crc-c-gc-12","idx":128,"n":128,"text":"128. Children should be supported and encouraged to form their own child-led organizations and initiatives, which will create space for meaningful participation and representation. In addition, children can contribute their perspectives, for example, on the design of schools, playgrounds, parks, leisure and cultural facilities, public libraries, health facilities and local transport systems in order to ensure more appropriate services. In community development plans that call for public consultation, children’s views should be explicitly included.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","11. In national and international settings"]},{"id":"crc-c-gc-12-0129","docId":"crc-c-gc-12","idx":129,"n":129,"text":"129. Such participation opportunities are, meanwhile, established in many countries also on the district, regional, federal state and national levels, where youth parliaments, councils and conferences provide forums for children to present their views and make them known to relevant audiences. NGOs and civil society organizations have developed practices to support children, which safeguard the transparency of representation and counter the risks of manipulation or tokenism.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","11. In national and international settings"]},{"id":"crc-c-gc-12-0130","docId":"crc-c-gc-12","idx":130,"n":130,"text":"130. The Committee welcomes the significant contributions by UNICEF and NGOs in promoting awareness-raising on children’s right to be heard and their participation in all domains of their lives, and encourages them to further promote child participation in all matters affecting them, including at the grass-roots, community, and national or international levels, and to facilitate exchanges of best practices. Networking among child-led organizations should be actively encouraged to increase opportunities for shared learning and platforms for collective advocacy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","11. In national and international settings"]},{"id":"crc-c-gc-12-0131","docId":"crc-c-gc-12","idx":131,"n":131,"text":"131. At the international level, children’s participation at the World Summits for Children convened by the General Assembly in 1990 and 2002, and the involvement of children in the reporting process to the Committee on the Rights of the Child have particular relevance. The Committee welcomes written reports and additional oral information submitted by child organizations and children’s representatives in the monitoring process of child rights implementation by States parties, and encourages States parties and NGOs to support children to present their views to the Committee.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","C. The implementation of the right to be heard in different settings and situations","11. In national and international settings"]},{"id":"crc-c-gc-12-0132","docId":"crc-c-gc-12","idx":132,"n":132,"text":"132. The Committee urges States parties to avoid tokenistic approaches, which limit children’s expression of views, or which allow children to be heard, but fail to give their views due weight. It emphasizes that adult manipulation of children, placing children in situations where they are told what they can say, or exposing children to risk of harm through participation are not ethical practices and cannot be understood as implementing article 12.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","D. Basic requirements for the implementation of the right of the child to be heard"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0133","docId":"crc-c-gc-12","idx":133,"n":133,"text":"133. If participation is to be effective and meaningful, it needs to be understood as a process, not as an individual one-off event. Experience since the Convention on the Rights of the Child was adopted in 1989 has led to a broad consensus on the basic requirements which have to be reached for effective, ethical and meaningful implementation of article 12. The Committee recommends that States parties integrate these requirements into all legislative and other measures for the implementation of article 12.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","D. Basic requirements for the implementation of the right of the child to be heard"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-12-0134","docId":"crc-c-gc-12","idx":134,"n":134,"text":"134. All processes in which a child or children are heard and participate, must be: (a) Transparent and informative - children must be provided with full, accessible, diversity-sensitive and age-appropriate information about their right to express their views freely and their views to be given due weight, and how this participation will take place, its scope, purpose and potential impact; (b) Voluntary - children should never be coerced into expressing views against their wishes and they should be informed that they can cease involvement at any stage; (c) Respectful - children’s views have to be treated with respect and they should be provided with opportunities to initiate ideas and activities. Adults working with children should acknowledge, respect and build on good examples of children’s participation, for instance, in their contributions to the family, school, culture and the work environment. They also need an understanding of the socio-economic, environmental and cultural context of children’s lives. Persons and organizations working for and with children should also respect children’s views with regard to participation in public events; (d) Relevant - the issues on which children have the right to express their views must be of real relevance to their lives and enable them to draw on their knowledge, skills and abilities. In addition, space needs to be created to enable children to highlight and address the issues they themselves identify as relevant and important; (e) Child-friendly - environments and working methods should be adapted to children’s capacities. Adequate time and resources should be made available to ensure that children are adequately prepared and have the confidence and opportunity to contribute their views. Consideration needs to be given to the fact that children will need differing levels of support and forms of involvement according to their age and evolving capacities; (f) Inclusive - participation must be inclusive, avoid existing patterns of discrimination, and encourage opportunities for marginalized children, including both girls and boys, to be involved (see also para. 88 above). Children are not a homogenous group and participation needs to provide for equality of opportunity for all, without discrimination on any grounds. Programmes also need to ensure that they are culturally sensitive to children from all communities; (g) Supported by training - adults need preparation, skills and support to facilitate children’s participation effectively, to provide them, for example, with skills in listening, working jointly with children and engaging children effectively in accordance with their evolving capacities. Children themselves can be involved as trainers and facilitators on how to promote effective participation; they require capacity-building to strengthen their skills in, for example, effective participation awareness of their rights, and training in organizing meetings, raising funds, dealing with the media, public speaking and advocacy; (h) Safe and sensitive to risk - in certain situations, expression of views may involve risks. Adults have a responsibility towards the children with whom they work and must take every precaution to minimize the risk to children of violence, exploitation or any other negative consequence of their participation. Action necessary to provide appropriate protection will include the development of a clear child-protection strategy which recognizes the particular risks faced by some groups of children, and the extra barriers they face in obtaining help. Children must be aware of their right to be protected from harm and know where to go for help if needed. Investment in working with families and communities is important in order to build understanding of the value and implications of participation, and to minimize the risks to which children may otherwise be exposed; (i) Accountable - a commitment to follow-up and evaluation is essential. For example, in any research or consultative process, children must be informed as to how their views have been interpreted and used and, where necessary, provided with the opportunity to challenge and influence the analysis of the findings. Children are also entitled to be provided with clear feedback on how their participation has influenced any outcomes. Wherever appropriate, children should be given the opportunity to participate in follow-up processes or activities. Monitoring and evaluation of children’s participation needs to be undertaken, where possible, with children themselves.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","D. Basic requirements for the implementation of the right of the child to be heard"]},{"id":"crc-c-gc-12-0135","docId":"crc-c-gc-12","idx":135,"n":135,"text":"135. Investment in the realization of the child’s right to be heard in all matters of concern to her or him and for her or his views to be given due consideration, is a clear and immediate legal obligation of States parties under the Convention. It is the right of every child without any discrimination. Achieving meaningful opportunities for the implementation of article 12 will necessitate dismantling the legal, political, economic, social and cultural barriers that currently impede children’s opportunity to be heard and their access to participation in all matters affecting them. It requires a preparedness to challenge assumptions about children’s capacities, and to encourage the development of environments in which children can build and demonstrate capacities. It also requires a commitment to resources and training.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2009,"section":["III. THE RIGHT TO BE HEARD: A RIGHT OF THE INDIVIDUAL CHILD AND A RIGHT OF GROUPS OF CHILDREN","E. Conclusions"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-13-0001","docId":"crc-c-gc-13","idx":1,"n":1,"text":"1. Article 19 states the following:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0002","docId":"crc-c-gc-13","idx":2,"n":2,"text":"Rationale for the present general comment. The Committee on the Rights of the Child (hereinafter: the Committee) issues the present general comment on article 19 of the Convention on the Rights of the Child (hereinafter: the Convention), since the extent and intensity of violence exerted on children is alarming. Measures to end violence must be massively strengthened and expanded in order to effectively put an end to these practices which jeopardize children’s development and societies’ potential non-violent solutions for conflict resolution.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0003","docId":"crc-c-gc-13","idx":3,"n":3,"text":"Overview. The general comment is based on the following fundamental assumptions and observations: (a) “No violence against children is justifiable; all violence against children is preventable”;[[fn:1]] (b) A child rights-based approach to child caregiving and protection requires a paradigm shift towards respecting and promoting the human dignity and the physical and psychological integrity of children as rights-bearing individuals rather than perceiving them primarily as “victims”; (c) The concept of dignity requires that every child is recognized, respected and protected as a rights holder and as a unique and valuable human being with an individual personality, distinct needs, interests and privacy; (d) The principle of the rule of law should apply fully to children as it does to adults; (e) Children’s rights to be heard and to have their views given due weight must be respected systematically in all decision-making processes, and their empowerment and participation should be central to child caregiving and protection strategies and programmes; (f) The right of children to have their best interests be a primary consideration in all matters involving or affecting them must be respected, especially when they are victims of violence, as well as in all measures of prevention; (g) Primary prevention, through public health, education, social services and other approaches, of all forms of violence is of paramount importance; (h) The Committee recognizes the primary position of families, including extended families, in child caregiving and protection and in the prevention of violence. Nevertheless, the Committee also recognizes that the majority of violence takes place in the context of families and that intervention and support are therefore required when children become the victims of hardship and distress imposed on, or generated in, families; (i) The Committee is also aware of widespread and intense violence applied against children in State institutions and by State actors including in schools, care centres, residential homes, police custody and justice institutions which may amount to torture and killing of children, as well as violence against children frequently used by armed groups and State military forces.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":1,"text":"Report of the independent expert for the United Nations study on violence against children (A/61/299), para. 1."}],"section":["I. Introduction"]},{"id":"crc-c-gc-13-0004","docId":"crc-c-gc-13","idx":4,"n":4,"text":"Definition of violence. For the purposes of the present general comment, “violence” is understood to mean “all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse” as listed in article 19, paragraph 1, of the Convention. The term violence has been chosen here to represent all forms of harm to children as listed in article 19, paragraph 1, in conformity with the terminology used in the 2006 United Nations study on violence against children, although the other terms used to describe types of harm (injury, abuse, neglect or negligent treatment, maltreatment and exploitation) carry equal weight.[[fn:2]] In common parlance the term violence is often understood to mean only physical harm and/or intentional harm. However, the Committee emphasizes most strongly that the choice of the term violence in the present general comment must not be interpreted in any way to minimize the impact of, and need to address, non-physical and/or non-intentional forms of harm (such as, inter alia, neglect and psychological maltreatment).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":2,"text":"Translations of the Convention into other languages do not necessarily include exact equivalents of the English term “violence”."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0005","docId":"crc-c-gc-13","idx":5,"n":5,"text":"States’ obligations and the responsibilities of family and other actors. References to “States parties” relate to the obligations of States parties to assume their responsibilities towards children not only at the national level, but also at the provincial and municipal levels. These special obligations are due diligence and the obligation to prevent violence or violations of human rights, the obligation to protect child victims and witnesses from human rights violations, the obligation to investigate and to punish those responsible, and the obligation to provide access to redress human rights violations. Regardless of whether violence takes place, States parties have a positive and active obligation to support and assist parents and other caregivers to secure, within their abilities and financial capacities and with respect for the evolving capacities of the child, the living conditions necessary for the child’s optimal development (arts. 18 and 27). States parties, furthermore, shall ensure that all persons who, within the context of their work, are responsible for the prevention of, protection from, and reaction to violence and in the justice systems are addressing the needs and respecting the rights of children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"18","source":"grammar"},{"treaty":"CRC","article":"27","source":"grammar"}]},{"id":"crc-c-gc-13-0006","docId":"crc-c-gc-13","idx":6,"n":6,"text":"Evolution of general comment No. 13. The present general comment builds on the existing guidance provided by the Committee in its review of States parties’ reports and the respective concluding observations, the recommendations of two days of general discussion on violence against children, held in 2000 and 2001, general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, and references in other general comments to the topic of violence. The present general comment draws attention to the recommendations of the 2006 report of the independent expert for the United Nations study on violence against children (A/61/299) and calls on States parties to implement those recommendations without delay. It calls attention to the detailed guidance available in the Guidelines for the Alternative Care of Children.[[fn:3]] It also draws on the expertise and experience of United Nations agencies, Governments, non-governmental organizations (NGOs), community organizations, development agencies, and children themselves in seeking to implement article 19 in practice.[[fn:4]]","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":3,"text":"General Assembly resolution 64/142, annex."},{"n":4,"text":"See the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20, annex)."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0007","docId":"crc-c-gc-13","idx":7,"n":7,"text":"7. Article 19 in context. The Committee recognizes that: (a) Article 19 is one of many provisions in the Convention directly relating to violence. The Committee also recognizes the direct relevance to article 19 of the Optional Protocol on the sale of children, child prostitution and child pornography and the Optional Protocol on the involvement of children in armed conflict. However, the Committee holds that article 19 forms the core provision for discussions and strategies to address and eliminate all forms of violence in the context of the Convention more broadly; (b) Article 19 is strongly linked to a broad range of provisions in the Convention beyond those relating directly to violence. In addition to the articles containing the rights identified as principles of the Convention (see section V of the present general comment), implementation of article 19 must be situated in the context of articles 5, 9, 18 and 27; (c) Children’s rights to respect for their human dignity, physical and psychological integrity and to equal protection under the law are also recognized in other international and regional human rights instruments; (d) Implementation of article 19 requires cooperation within and between national, regional and international human rights bodies, mechanisms and United Nations agencies; (e) Cooperation is needed in particular with the Special Representative of the Secretary-General on Violence against Children, who has the mandate to promote the implementation of the recommendations of the United Nations study on violence against children in close collaboration with Member States and a wide range of partners, including United Nations agencies and organizations, civil society organizations and children, in order to safeguard the child’s right to freedom from all forms of violence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"],"citedArticles":[{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"First occurrence: 'Article 19 is one of many provisions in the Convention directly relating to violence' — clearly CRC art. 19 (protection from all forms of violence)."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second occurrence: same article, continued contextual reference to CRC art. 19 and the Optional Protocols thereto."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Third occurrence: 'implementation of article 19 must be situated in the context of articles 5, 9, 18 and 27' — still CRC art. 19."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Fourth occurrence: 'Implementation of article 19 requires cooperation' — CRC art. 19."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Fifth occurrence: 'Implementation of article 19 requires cooperation … in particular with the Special Representative' — CRC art. 19."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Sixth occurrence: continuing discussion of CRC art. 19 as the 'core provision for … violence'."},{"article":"5","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 5 of CRC (parental guidance / evolving capacities) — listed alongside CRC arts. 9, 18, 27 as articles linked to art. 19 of CRC. Home treaty, no competing treaty."},{"article":"9","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 9 of CRC (separation from parents) — same list as above, CRC context."},{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 18 of CRC (parental responsibilities) — same list, CRC context."},{"article":"27","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 27 of CRC (adequate standard of living) — same list, CRC context."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Seventh occurrence: 'safeguard the child's right to freedom from all forms of violence' linked back to CRC art. 19 mandate."}]},{"id":"crc-c-gc-13-0008","docId":"crc-c-gc-13","idx":8,"n":8,"text":"Dissemination. The Committee recommends that States parties widely disseminate the present general comment within government and administrative structures, to parents, other caregivers, children, professional organizations, communities and civil society at large. All channels of dissemination, including print media, the Internet and children’s own communication means, should be used. This will necessitate translating it into relevant languages, including sign languages, Braille and easy-to-read formats for children with disabilities. It also requires making culturally appropriate and child-friendly versions available, holding workshops and seminars, implementing age- and disability-specific support to discuss its implications and how best to implement it, and incorporating it into the training of all professionals working for and with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"]},{"id":"crc-c-gc-13-0009","docId":"crc-c-gc-13","idx":9,"n":9,"text":"Reporting requirements under the Convention. The Committee refers States parties to the reporting requirements outlined in the treaty-specific reporting guidelines (CRC/C/58/Rev.2 and Corr.1), in general comment No. 8 (para. 53), and in the concluding observations of the Committee adopted following the dialogues with representatives of States parties. The current general comment consolidates and specifies the measures on which States parties are expected to give information in the reports to be submitted under article 44 of the Convention. The Committee also recommends that States parties include information on progress made towards implementing the recommendations of the United Nations study on violence against children (A/61/299, para. 116). Reporting should comprise laws and other regulations taken to prohibit violence and to intervene appropriately when violence occurs and also measures for the prevention of violence, awareness-raising activities and the promotion of positive, non-violent relationships. In the reports it should be furthermore specified who has responsibility for the child and family at each stage of intervention (including prevention), what those responsibilities are, at what stage and under what circumstances professionals can intervene, and how different sectors work together.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"44","source":"regex"}]},{"id":"crc-c-gc-13-0010","docId":"crc-c-gc-13","idx":10,"n":10,"text":"Additional sources of information. The Committee also encourages United Nations agencies, national human rights institutions, NGOs and other competent bodies to provide it with relevant information on the legal status and prevalence of all forms of violence and progress towards their elimination.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["I. Introduction"]},{"id":"crc-c-gc-13-0011","docId":"crc-c-gc-13","idx":11,"n":11,"text":"The present general comment seeks: (a) To guide States parties in understanding their obligations under article 19 of the Convention to prohibit, prevent and respond to all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation of children, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child, including State actors; (b) To outline the legislative, judicial, administrative, social and educational measures that States parties must take; (c) To overcome isolated, fragmented and reactive initiatives to address child caregiving and protection which have had limited impact on the prevention and elimination of all forms of violence; (d) To promote a holistic approach to implementing article 19 based on the Convention’s overall perspective on securing children’s rights to survival, dignity, well-being, health, development, participation and non-discrimination – the fulfilment of which are threatened by violence; (e) To provide States parties and other stakeholders with a basis on which to develop a coordinating framework for eliminating violence through comprehensive child rights-based caregiving and protection measures; (f) To highlight the need for all States parties to move quickly to fulfil their obligations under article 19.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["II. Objectives"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0012","docId":"crc-c-gc-13","idx":12,"n":12,"text":"Challenges. The Committee acknowledges and welcomes the numerous initiatives developed by Governments and others to prevent and respond to violence against children. In spite of these efforts, existing initiatives are in general insufficient. Legal frameworks in a majority of States still fail to prohibit all forms of violence against children, and where laws are in place, their enforcement is often inadequate. Widespread social and cultural attitudes and practices condone violence. The impact of measures taken is limited by lack of knowledge, data and understanding of violence against children and its root causes, by reactive efforts focusing on symptoms and consequences rather than causes, and by strategies which are fragmented rather than integrated. Resources allocated to address the problem are inadequate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["III. Violence in children’s lives"]},{"id":"crc-c-gc-13-0013","docId":"crc-c-gc-13","idx":13,"n":13,"text":"The human rights imperative. Addressing and eliminating the widespread prevalence and incidence of violence against children is an obligation of States parties under the Convention. Securing and promoting children’s fundamental rights to respect for their human dignity and physical and psychological integrity, through the prevention of all forms of violence, is essential for promoting the full set of child rights in the Convention. All other arguments presented here reinforce but do not replace this human rights imperative. Strategies and systems to prevent and respond to violence must therefore adopt a child rights rather than a welfare approach. (See para. 53 for more details).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["III. Violence in children’s lives"]},{"id":"crc-c-gc-13-0014","docId":"crc-c-gc-13","idx":14,"n":14,"text":"Societal development and children’s contribution. A respectful, supportive child-rearing environment free from violence supports the realization of children’s individual personalities and fosters the development of social, responsible and actively contributing citizens in the local community and larger society. Research shows that children who have not experienced violence and who develop in a healthy manner are less likely to act violently, both in childhood and when they become adults. Preventing violence in one generation reduces its likelihood in the next. Implementation of article 19 is therefore a key strategy for reducing and preventing all forms of violence in societies and for promoting “social progress and better standards of life” and “freedom, justice and peace in the world” for the “human family” in which children have a place and a value equal to that of adults (Convention preamble).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["III. Violence in children’s lives"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0015","docId":"crc-c-gc-13","idx":15,"n":15,"text":"15. Survival and development – the devastating impact of violence against children. Children’s survival and their “physical, mental, spiritual, moral and social development” (art. 27, para. 1) are severely negatively impacted by violence, as described below: (a) The short- and long-term health consequences of violence against children and child maltreatment are widely recognized. They include: fatal injury; non-fatal injury (possibly leading to disability); physical health problems (including failure to thrive, later lung, heart and liver disease and sexually transmitted infections); cognitive impairment (including impaired school and work performance); psychological and emotional consequences (such as feelings of rejection and abandonment, impaired attachment, trauma, fear, anxiety, insecurity and shattered self-esteem); mental health problems (such as anxiety and depressive disorders, hallucinations, memory disturbances and suicide attempts); and health-risk behaviours (such as substance abuse and early initiation of sexual behaviour); (b) Developmental and behavioural consequences (such as school non-attendance and aggressive, antisocial, self-destructive and interpersonal destructive behaviours) can lead, inter alia, to deterioration of relationships, exclusion from school and coming into conflict with the law). There is evidence that exposure to violence increases a child’s risk of further victimization and an accumulation of violent experiences, including later intimate partner violence.[[fn:5]] (c) The impact on children, in particular adolescents, of high-handed or “zero tolerance” State policies in response to child violence is highly destructive as it is a punitive approach victimizing children by reacting to violence with more violence. Such policies are often shaped by public concerns over citizens’ security and by the high profile given to these issues by mass media. State policies on public security must carefully consider the root causes of children’s offences in order to provide a way out of a vicious circle of retaliating violence with violence.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":5,"text":"See Paulo Sérgio Pinheiro, independent expert for the United Nations Secretary-General’s study on violence against children, World Report on Violence against Children (Geneva, 2006), pp. 63-66."}],"section":["III. Violence in children’s lives"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-13-0016","docId":"crc-c-gc-13","idx":16,"n":16,"text":"The cost of violence against children. The human, social and economic costs of denying children’s rights to protection are enormous and unacceptable. Direct costs may include medical care, legal and social welfare services and alternative care. Indirect costs may include possible lasting injury or disability, psychological costs or other impacts on a victim’s quality of life, disruption or discontinuation of education, and productivity losses in the future life of the child. They also include costs associated with the criminal justice system as a result of crimes committed by children who have experienced violence. The social costs arising from a demographic imbalance due to the discriminatory elimination of girls before birth are high and have potential implications for increased violence against girls including abduction, early and forced marriage, trafficking for sexual purposes and sexual violence.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["III. Violence in children’s lives"]},{"id":"crc-c-gc-13-0017","docId":"crc-c-gc-13","idx":17,"n":17,"text":"No exceptions. The Committee has consistently maintained the position that all forms of violence against children, however light, are unacceptable. “All forms of physical or mental violence” does not leave room for any level of legalized violence against children. Frequency, severity of harm and intent to harm are not prerequisites for the definitions of violence. States parties may refer to such factors in intervention strategies in order to allow proportional responses in the best interests of the child, but definitions must in no way erode the child’s absolute right to human dignity and physical and psychological integrity by describing some forms of violence as legally and/or socially acceptable.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0018","docId":"crc-c-gc-13","idx":18,"n":18,"text":"The need for child rights-based definitions. States parties need to establish national standards for child well-being, health and development as securing these conditions is the ultimate goal of child caregiving and protection. Clear operational legal definitions are required of the different forms of violence outlined in article 19 in order to ban all forms of violence in all settings. These definitions must take into account the guidance provided in the present general comment, must be sufficiently clear to be usable and should be applicable in different societies and cultures. Efforts to standardize definitions internationally (in order to facilitate data collection and cross-country exchange of experiences) should be encouraged.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0019","docId":"crc-c-gc-13","idx":19,"n":19,"text":"Forms of violence – overview. The following non-exhaustive lists outlining forms of violence apply to all children in all settings and in transit between settings. Children can experience violence at the hands of adults, and violence may also occur among children. Furthermore, some children harm themselves. The Committee recognizes that forms of violence often co-occur and that they can span the categories used here for convenience. Both girls and boys are at risk of all forms of violence, but violence often has a gender component. For example, girls may experience more sexual violence at home than boys whereas boys may be more likely to encounter – and experience violence within – the criminal justice system. (See also para. 72 (b) on the gender dimensions of violence).","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0020","docId":"crc-c-gc-13","idx":20,"n":20,"text":"20. Neglect or negligent treatment. Neglect means the failure to meet children’s physical and psychological needs, protect them from danger, or obtain medical, birth registration or other services when those responsible for children’s care have the means, knowledge and access to services to do so. It includes: (a) Physical neglect: failure to protect a child from harm,[[fn:6]] including through lack of supervision, or failure to provide the child with basic necessities including adequate food, shelter, clothing and basic medical care; (b) Psychological or emotional neglect: including lack of any emotional support and love, chronic inattention to the child, caregivers being “psychologically unavailable” by overlooking young children’s cues and signals, and exposure to intimate partner violence, drug or alcohol abuse; (c) Neglect of children’s physical or mental health: withholding essential medical care; (d) Educational neglect: failure to comply with laws requiring caregivers to secure their children’s education through attendance at school or otherwise; and (e) Abandonment: a practice which is of great concern and which can disproportionately affect, inter alia, children out of wedlock and children with disabilities in some societies.[[fn:7]]","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"],"footnotes":[{"n":6,"text":"States parties are also obliged to support caregivers to prevent accidents (art. 19 and art. 24, para. 2 (e))."},{"n":7,"text":"In many countries children are abandoned because parents and caregivers living in poverty do not have the means to support them. According to the definition, neglect is a failure of care when parents have the means to meet their children’s needs. The Committee has often urged States parties to “render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities” (art. 18, para. 2 of the Convention)."}]},{"id":"crc-c-gc-13-0021","docId":"crc-c-gc-13","idx":21,"n":21,"text":"21. Mental violence. “Mental violence”, as referred to in the Convention, is often described as psychological maltreatment, mental abuse, verbal abuse and emotional abuse or neglect and this can include: (a) All forms of persistent harmful interactions with the child, for example, conveying to children that they are worthless, unloved, unwanted, endangered or only of value in meeting another’s needs; (b) Scaring, terrorizing and threatening; exploiting and corrupting; spurning and rejecting; isolating, ignoring and favouritism; (c) Denying emotional responsiveness; neglecting mental health, medical and educational needs; (d) Insults, name-calling, humiliation, belittling, ridiculing and hurting a child’s feelings; (e) Exposure to domestic violence; (f) Placement in solitary confinement, isolation or humiliating or degrading conditions of detention; and (g) Psychological bullying and hazing[[fn:8]] by adults or other children, including via information and communication technologies (ICTs) such as mobile phones and the Internet (known as “cyberbullying”).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":8,"text":"“Hazing” refers to rituals and other activities involving harassment, violence or humiliation which are used as a way of initiating a person into a group."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0022","docId":"crc-c-gc-13","idx":22,"n":22,"text":"22. Physical violence. This includes fatal and non-fatal physical violence. The Committee is of the opinion that physical violence includes: (a) All corporal punishment and all other forms of torture, cruel, inhuman or degrading treatment or punishment; and (b) Physical bullying and hazing by adults and by other children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0023","docId":"crc-c-gc-13","idx":23,"n":23,"text":"23. Children with disabilities may be subject to particular forms of physical violence such as: (a) Forced sterilization, particularly girls; (b) Violence in the guise of treatment (for example electroconvulsive treatment (ECT) and electric shocks used as “aversion treatment” to control children’s behaviour); and (c) Deliberate infliction of disabilities on children for the purpose of exploiting them for begging in the streets or elsewhere.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0024","docId":"crc-c-gc-13","idx":24,"n":24,"text":"Corporal punishment. In general comment No. 8 (para. 11), the Committee defined “corporal” or “physical” punishment as any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting (“smacking”, “slapping”, “spanking”) children, with the hand or with an implement - a whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, for example, kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, caning, forcing children to stay in uncomfortable positions, burning, scalding, or forced ingestion. In the view of the Committee, corporal punishment is invariably degrading. Other specific forms of corporal punishment are listed in the report of the independent expert for the United Nations study on violence against children (A/61/299, paras. 56, 60 and 62).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0025","docId":"crc-c-gc-13","idx":25,"n":25,"text":"25. Sexual abuse and exploitation. Sexual abuse and exploitation includes: (a) The inducement or coercion of a child to engage in any unlawful or psychologically harmful sexual activity;[[fn:9]] (b) The use of children in commercial sexual exploitation; and (c) The use of children in audio or visual images of child sexual abuse; (d) Child prostitution, sexual slavery, sexual exploitation in travel and tourism, trafficking (within and between countries) and sale of children for sexual purposes and forced marriage. Many children experience sexual victimization which is not accompanied by physical force or restraint but which is nonetheless psychologically intrusive, exploitive and traumatic.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":9,"text":"Sexual abuse comprises any sexual activities imposed by an adult on a child, against which the child is entitled to protection by criminal law. Sexual activities are also considered as abuse when committed against a child by another child, if the child offender is significantly older than the child victim or uses power, threat or other means of pressure. Sexual activities between children are not considered as sexual abuse if the children are older than the age limit defined by the State party for consensual sexual activities."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0026","docId":"crc-c-gc-13","idx":26,"n":26,"text":"Torture and inhuman or degrading treatment or punishment. This includes violence in all its forms against children in order to extract a confession, to extrajudicially punish children for unlawful or unwanted behaviours, or to force children to engage in activities against their will, typically applied by police and law-enforcement officers, staff of residential and other institutions and persons who have power over children, including non-State armed actors. Victims are often children who are marginalized, disadvantaged and discriminated against and who lack the protection of adults responsible for defending their rights and best interests. This includes children in conflict with the law, children in street situations, minorities and indigenous children, and unaccompanied children. The brutality of such acts often results in life-long physical and psychological harm and social stress.","labels":["Indigenous peoples","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0027","docId":"crc-c-gc-13","idx":27,"n":27,"text":"Violence among children. This includes physical, psychological and sexual violence, often by bullying, exerted by children against other children, frequently by groups of children, which not only harms a child’s physical and psychological integrity and well-being in the immediate term, but often has severe impact on his or her development, education and social integration in the medium and long term. Also, violence by youth gangs takes a severe toll on children, whether as victims or as participants. Although children are the actors, the role of adults responsible for these children is crucial in all attempts to appropriately react and prevent such violence, ensuring that measures do not exacerbate violence by taking a punitive approach and using violence against violence.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0028","docId":"crc-c-gc-13","idx":28,"n":28,"text":"Self-harm. This includes eating disorders, substance use and abuse, self-inflicted injuries, suicidal thoughts, suicide attempts and actual suicide. Suicide among adolescents is of particular concern to the Committee.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0029","docId":"crc-c-gc-13","idx":29,"n":29,"text":"29. Harmful practices. These include, but are not limited to: (a) Corporal punishment and other cruel or degrading forms of punishment; (b) Female genital mutilation; (c) Amputations, binding, scarring, burning and branding; (d) Violent and degrading initiation rites; force-feeding of girls; fattening; virginity testing (inspecting girls’ genitalia); (e) Forced marriage and early marriage; (f) “Honour” crimes; “retribution” acts of violence (where disputes between different groups are taken out on children of the parties involved); dowry-related death and violence; (g) Accusations of “witchcraft” and related harmful practices such as “exorcism”; (h) Uvulectomy and teeth extraction.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0030","docId":"crc-c-gc-13","idx":30,"n":30,"text":"Violence in the mass media. Mass media, especially tabloids and the yellow press, tend to highlight shocking occurrences and as a result create a biased and stereotyped image of children, in particular of disadvantaged children or adolescents, who are often portrayed as violent or delinquent just because they may behave or dress in a different way. Such stirred-up stereotypes pave the way for State policies based on a punitive approach, which may include violence as a reaction to assumed or factual misdemeanours of children and young persons.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0031","docId":"crc-c-gc-13","idx":31,"n":31,"text":"31. Violence through information and communications technologies.[[fn:10]] Child protection risks in relation to ICT comprise the following overlapping areas: (a) Sexual abuse of children to produce both visual and audio child abuse images facilitated by the Internet and other ICT; (b) The process of taking, making, permitting to take, distributing, showing, possessing or advertising indecent photographs or pseudophotographs (“morphing”) and videos of children and those making a mockery of an individual child or categories of children; (c) Children as users of ICT: (i) As recipients of information, children may be exposed to actually or potentially harmful advertisements, spam, sponsorship, personal information and content which is aggressive, violent, hateful, biased, racist, pornographic[[fn:11]], unwelcome and/or misleading; (ii) As children in contact with others through ICT, children may be bullied, harassed or stalked (child “luring”) and/or coerced, tricked or persuaded into meeting strangers off-line, being “groomed” for involvement in sexual activities and/or providing personal information; (iii) As actors, children may become involved in bullying or harassing others, playing games that negatively influence their psychological development, creating and uploading inappropriate sexual material, providing misleading information or advice, and/or illegal downloading, hacking, gambling, financial scams and/or terrorism.[[fn:12]]","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":10,"text":"Information technologies such as the Internet and mobile phones have great potential as positive tools to help keep children safe and as a way to report suspected or actual violence or maltreatment. A protective environment needs to be created through regulation and monitoring of information technologies including empowering children to safely use these technologies."},{"n":11,"text":"Exposure to pornography can lead to an increase in child-on-child sexual abuse as children exposed to pornography “try out” what they have seen in practice with younger children or those to whom they have easy access and over whom they have control."},{"n":12,"text":"Adapted from a table developed by the EUKids Online project, cited in AUPs in Context: Establishing Safe and Responsible Online Behaviours (Becta, 2009), p. 6. See also the Rio de Janeiro Declaration and Call for Action to Prevent and Stop Sexual Exploitation of Children and Adolescents. Available from http://iiicongressomundial.net/congresso/arquivos/Rio%20Declaration%20and%20Call%20for%20Action%20-%20FINAL%20Version.pdf."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0032","docId":"crc-c-gc-13","idx":32,"n":32,"text":"Institutional and system violations of child rights. Authorities at all levels of the State responsible for the protection of children from all forms of violence may directly and indirectly cause harm by lacking effective means of implementation of obligations under the Convention. Such omissions include the failure to adopt or revise legislation and other provisions, inadequate implementation of laws and other regulations and insufficient provision of material, technical and human resources and capacities to identify, prevent and react to violence against children. It is also an omission when measures and programmes are not equipped with sufficient means to assess, monitor and evaluate progress or shortcomings of the activities to end violence against children. Also, in the commission of certain acts, professionals may abuse children’s right to freedom from violence, for example, when they execute their responsibilities in a way that disregards the best interests, the views and the developmental objectives of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","1.“… all forms of ...”"]},{"id":"crc-c-gc-13-0033","docId":"crc-c-gc-13","idx":33,"n":33,"text":"Definition of “caregivers”. The Committee considers that, while respecting the evolving capacities and progressive autonomy of the child, all human beings below the age of 18 years are nonetheless “in the care of” someone, or should be. There are only three conditions for children: emancipated[[fn:13]], in the care of primary or proxy caregivers, or in the de facto care of the State. The definition of “caregivers”, referred to in article 19, paragraph 1, as “parent(s), legal guardian(s) or any other person who has the care of the child”, covers those with clear, recognized legal, professional-ethical and/or cultural responsibility for the safety, health, development and well-being of the child, primarily: parents, foster parents, adoptive parents, caregivers in kafalah of Islamic law, guardians, extended family and community members; education, school and early childhood personnel; child caregivers employed by parents; recreational and sports coaches – including youth group supervisors; workplace employers or supervisors; and institutional personnel (governmental or non-governmental) in the position of caregivers - for example responsible adults in health-care, juvenile-justice and drop-in and residential-care settings. In the case of unaccompanied children, the State is the de facto caregiver.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":13,"text":"In line with the Committee’s previous recommendation to States parties to increase the age for marriage to 18 years for both girls and boys (general comment No. 4 (2003) on adolescent health and development in the context of the Convention of the Rights of the Child, para. 20), and given their specific vulnerability to maltreatment, the Committee considers that article 19 applies also to children under the age of 18 who have attained majority or emancipation through early marriage and/or forced marriage."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","2.“while in the care of…”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0034","docId":"crc-c-gc-13","idx":34,"n":34,"text":"Definition of care settings. Care settings are places where children spend time under the supervision of their “permanent” primary caregiver (such as a parent or guardian) or a proxy or “temporary” caregiver (such as a teacher or youth group leader) for periods of time which are short-term, long-term, repeated or once only. Children will often pass between caregiving settings with great frequency and flexibility but their safety in transit between these settings is still the responsibility of the primary caregiver – either directly, or via coordination and cooperation with a proxy caregiver (for example to and from school or when fetching water, fuel, food or fodder for animals). Children are also considered to be “in the care of” a primary or proxy caregiver while they are physically unsupervised within a care setting, for example while playing out of sight or surfing the Internet unsupervised. Usual care settings include family homes, schools and other educational institutions, early childhood care settings, after-school care centres, leisure, sports, cultural and recreational facilities, religious institutions and places of worship. In medical, rehabilitative and care facilities, at the workplace and in justice settings children are in the custody of professionals or State actors, who must observe the best interests of the child and ensure his or her rights to protection, well-being and development. A third type of setting in which children’s protection, well-being and development also must be secured, are neighbourhoods, communities and camps or settlements for refugees and people displaced by conflict and/or natural disasters.[[fn:14]]","labels":["Refugees & asylum-seekers","Children","Adolescents","Persons deprived of their liberty","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":14,"text":"The United Nations study on violence against children describes settings in which violence against children occurs; see also the detailed guidance available in the Guidelines for the Alternative Care of Children."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","2.“while in the care of…”"]},{"id":"crc-c-gc-13-0035","docId":"crc-c-gc-13","idx":35,"n":35,"text":"Children without obvious primary or proxy caregivers. Article 19 also applies to children without a primary or proxy caregiver or another person who is entrusted with the protection and well-being of the child such as, for instance, children in child-headed households, children in street situations, children of migrating parents or unaccompanied children outside their country of origin.[[fn:15]] The State party is obliged to take responsibility as the de facto caregiver or the one “who has the care of the child”, even if these children are not within the context of physical care settings such as foster homes, group homes or NGO facilities. The State party is under the obligation “to ensure the child such protection and care as is necessary for his or her well-being” (art. 3, para. 2) and to “ensure alternative care” to “a child temporarily or permanently deprived of his or her family environment” (art. 20). There are different ways to guarantee the rights of these children, preferably in family-like care arrangements, which must be carefully examined with respect to the risk of these children being exposed to violence.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":15,"text":"As defined in the Committee’s general comment No. 6 (2005), para. 7."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","2.“while in the care of…”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-c-gc-13-0036","docId":"crc-c-gc-13","idx":36,"n":36,"text":"Perpetrators of violence. Children may be subjected to violence by primary or proxy caregivers and/or by others against whom their caregiver does provide protection (for example neighbours, peers and strangers). Furthermore, children are at risk of being exposed to violence in many settings where professionals and State actors have often misused their power over children, such as schools, residential homes, police stations or justice institutions. All of these conditions fall under the scope of article 19, which is not limited to violence perpetrated solely by caregivers in a personal context.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","2.“while in the care of…”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0037","docId":"crc-c-gc-13","idx":37,"n":37,"text":"“Shall take” is a term which leaves no leeway for the discretion of States parties. Accordingly, States parties are under strict obligation to undertake “all appropriate measures” to fully implement this right for all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","3.“shall take …”"]},{"id":"crc-c-gc-13-0038","docId":"crc-c-gc-13","idx":38,"n":38,"text":"General measures of implementation and monitoring. The Committee draws the attention of States parties to general comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child.[[fn:16]] The Committee also refers States parties to its general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child. These measures of implementation and monitoring are essential to bring article 19 into reality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":16,"text":"See in particular paras. 9 (range of measures required), 13 and 15 (regarding withdrawal and eligibility of reservations), and 66 and 67 (dissemination of the Convention)."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0039","docId":"crc-c-gc-13","idx":39,"n":39,"text":"“All appropriate...measures”. The term “appropriate” refers to the broad range of measures cutting across all sectors of Government, which must be used and be effective in order to prevent and respond to all forms of violence. “Appropriate” cannot be interpreted to mean acceptance of some forms of violence. An integrated, cohesive, interdisciplinary and coordinated system is required, which incorporates the full range of measures identified in article 19, paragraph 1, across the full range of interventions listed in paragraph 2. Isolated programmes and activities which are not integrated into sustainable and coordinated government policy and infrastructures will have limited effects. Child participation is essential in the development, monitoring and evaluation of the measures outlined here.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0040","docId":"crc-c-gc-13","idx":40,"n":40,"text":"Legislative measures refer to both legislation, including the budget, and the implementing and enforcing measures. They comprise national, provincial and municipal laws and all relevant regulations, which define frameworks, systems, mechanisms and the roles and responsibilities of concerned agencies and competent officers.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"]},{"id":"crc-c-gc-13-0041","docId":"crc-c-gc-13","idx":41,"n":41,"text":"45. State parties that have not yet done so must: (a) Ratify the two Optional Protocols to the Convention, and other international and regional human rights instruments that provide protection for children, including the Convention on the Rights of Persons with Disabilities and its Optional Protocol and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; (b) Review and withdraw declarations and reservations contrary to the object and purpose of the Convention or otherwise contrary to international law; (c) Strengthen cooperation with treaty bodies and other human rights mechanisms; (d) Review and amend domestic legislation in line with article 19 and its implementation within the holistic framework of the Convention, establishing a comprehensive policy on child rights and ensuring absolute prohibition of all forms of violence against children in all settings and effective and appropriate sanctions against perpetrators;[[fn:17]] (e) Provide adequate budget allocations for the implementation of legislation and all other measures adopted to end violence against children; (f) Ensure the protection of child victims and witnesses and effective access to redress and reparation; (g) Ensure that relevant legislation provides adequate protection of children in relation to media and ICT; (h) Establish and implement social programmes to promote optimal positive child-rearing by providing, through integrated services, necessary support for the child and for those who have the care of the child; (i) Enforce law and judicial procedures in a child-friendly way, including remedies available to children when rights are violated; (j) Establish and support an independent national institution of children’s rights.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":17,"text":"In the context of “sanctions”, the term “perpetrators” excludes children who harm themselves. The treatment of children who harm other children must be educational and therapeutic."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"],"citedArticles":[{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text: 'Review and amend domestic legislation in line with article 19 and its implementation within the holistic framework of the Convention' — CRC GC by CRC committee; 'the Convention' = CRC; art. 19 = protection from violence."}]},{"id":"crc-c-gc-13-0042","docId":"crc-c-gc-13","idx":42,"n":42,"text":"42. Administrative measures should reflect governmental obligations to establish policies, programmes, monitoring and oversight systems required to protect the child from all forms of violence. These include: (a) At the national and sub-national government levels: (i) Establishing a government focal point to coordinate child protection strategies and services; (ii) Defining the roles, responsibilities and relationships between stakeholders on inter-agency steering committees with a view to their effectively managing, monitoring and holding accountable the implementing bodies at national and subnational levels; (iii) Ensuring that the process of decentralizing services safeguards their quality, accountability and equitable distribution; (iv) Implementing systematic and transparent budgeting processes in order to make the best use of allocated resources for child protection, including prevention; (v) Establishing a comprehensive and reliable national data collection system in order to ensure systematic monitoring and evaluation of systems (impact analyses), services, programmes and outcomes based on indicators aligned with universal standards, and adjusted for and guided by locally established goals and objectives; (vi) Providing independent national human rights institutions with support and promoting the establishment of specific child rights mandates such as child rights ombudsmen where these do not yet exist.[[fn:18]] (b) At the levels of governmental, professional and civil society institutions: (i) Developing and implementing (through participatory processes which encourage ownership and sustainability): a. Intra- and inter-agency child protection policies; b. Professional ethics codes, protocols, memoranda of understanding and standards of care for all childcare services and settings (including daycare centres, schools, hospitals, sport clubs and residential institutions etc.); (ii) Involving academic teaching and training institutions with regard to child protection initiatives; (iii) Promoting good research programmes.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":18,"text":"See general comment No. 2, in particular paras. 1, 2, 4 and 19."}],"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"]},{"id":"crc-c-gc-13-0043","docId":"crc-c-gc-13","idx":43,"n":43,"text":"43. Social measures should reflect governmental commitment to fulfilling child protection rights and provide for basic and targeted services. They can be initiated and implemented by both State and civil society actors under the responsibility of the State. Such measures include: (a) Social policy measures to reduce risk and prevent violence against children, for example: (i) Integration of child caregiving and protection measures into mainstream systems of social policy; (ii) Identification and prevention of factors and circumstances which hinder vulnerable groups’ access to services and full enjoyment of their rights (including indigenous and minority children and children with disabilities, among others); (iii) Poverty reduction strategies, including financial and social support to families at risk; (iv) Public health and safety, housing, employment and education policies; (v) Improved access to health, social welfare and justice services; (vi) “Child-friendly cities” planning; (vii) Reduced demand for and access to alcohol, illegal drugs and weapons; (viii) Collaboration with the mass media and the ICT industry to devise, promote and enforce global standards for child caregiving and protection; (ix) Development of guidelines for protecting children from information and material produced by mass media disrespecting the human dignity and integrity of the child, abolishing stigmatizing language, refraining from the dissemination of re-victimizing reports on events in family or elsewhere affecting a child and promoting professional methods of investigation based on the use of diverse sources which can be examined by all parties involved; (x) Opportunities for children to express their view and expectations in the media and be not only engaged in children’s programmes, but also involved in the production and transmission of all kinds of information, including as reporters, analysts and commentators in order to support an adequate image of children and childhood in the public. (b) Social programmes to support the child individually and to support the child’s family and other caregivers to provide optimal positive child-rearing, for example: (i) For children: childcare, early child development and after-school care programmes; child and youth groups and clubs; counselling support to children experiencing difficulties (including self-harm); 24-hour toll-free child helplines with trained personnel; foster family services which are subject to periodic review; (ii) For families and other caregivers: community-based mutual-help groups to address psychosocial and economic challenges (for example parenting and micro-credit groups); welfare programmes to support families’ standard of living, including direct allowances to children at a certain age; counselling support to caregivers having difficulties with employment, housing and/or child-rearing; therapeutic programmes (including mutual help groups) to assist caregivers with challenges related to domestic violence, addictions to alcohol or drugs or with other mental health needs.","labels":["Indigenous peoples","Children","Adolescents","Persons living in poverty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"]},{"id":"crc-c-gc-13-0044","docId":"crc-c-gc-13","idx":44,"n":44,"text":"44. Educational measures should address attitudes, traditions, customs and behavioural practices which condone and promote violence against children. They should encourage open discussion about violence, including the engagement of media and civil society. They should support children’s life skills, knowledge and participation and enhance the capacities of caregivers and professionals in contact with children. They can be initiated and implemented by both State and civil society actors under the responsibility of the State. Specific examples include, but are not limited to: (a) For all stakeholders: public information programmes, including awareness campaigns, via opinion leaders and the media, to promote positive child-rearing and to combat negative societal attitudes and practices which condone or encourage violence; dissemination of the Convention, the present general comment and State party reports in child friendly and accessible formats; supporting measures to educate and advise on protection in the context of ICTs; (b) For children: provision of accurate, accessible and age-appropriate information and empowerment on life skills, self-protection and specific risks, including those relating to ICTs and how to develop positive peer relationships and combat bullying; empowerment regarding child rights in general and in particular on the right to be heard and to have their views taken seriously through the school curriculum and in other ways; (c) For families and communities: education on positive child-rearing for parents and caregivers; provision of accurate and accessible information on specific risks and how to listen to children and take their views seriously; (d) For professionals and institutions (government and civil society): (i) Providing initial and in-service general and role-specific training (including inter-sectoral where necessary) on a child rights approach to article 19 and its application in practice, for all professionals and non-professionals working with, and for, children (including teachers at all levels of the educational system, social workers, medical doctors, nurses and other health professionals, psychologists, lawyers, judges, police, probation and prison officers, journalists, community workers, residential caregivers, civil servants and public officials, asylum officers and traditional and religious leaders); (ii) Developing officially recognized certification schemes in association with educational and training institutions and professional societies in order to regulate and acknowledge such training; (iii) Ensuring that the Convention is part of the educational curriculum of all professionals expected to work with and for children; (iv) Supporting “child-friendly schools” and other initiatives which include, inter alia, respect for children’s participation; (v) Promoting research on child caregiving and protection.","labels":["Refugees & asylum-seekers","Children","Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","A. Article 19, paragraph 1","4.“all appropriate legislative, administrative, social and educational measures”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0045","docId":"crc-c-gc-13","idx":45,"n":45,"text":"Range of interventions. A holistic child protection system requires the provision of comprehensive and integrated measures across the full range of stages identified in article 19, paragraph 2, taking account of the socio-cultural traditions and legal system of the respective State party.[[fn:19]]","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":19,"text":"The detailed guidance available in the Guidelines for the Alternative Care of Children should also be taken into account at each stage."}],"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0046","docId":"crc-c-gc-13","idx":46,"n":46,"text":"Prevention. The Committee emphasizes in the strongest terms that child protection must begin with proactive prevention of all forms of violence as well as explicitly prohibit all forms of violence. States have the obligation to adopt all measures necessary to ensure that adults responsible for the care, guidance and upbringing of children will respect and protect children’s rights. Prevention includes public health and other measures to positively promote respectful child-rearing, free from violence, for all children, and to target the root causes of violence at the levels of the child, family, perpetrator, community, institution and society. Emphasis on general (primary) and targeted (secondary) prevention must remain paramount at all times in the development and implementation of child protection systems. Preventive measures offer the greatest return in the long term. However, commitment to prevention does not lessen States’ obligations to respond effectively to violence when it occurs.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0047","docId":"crc-c-gc-13","idx":47,"n":47,"text":"47. Prevention measures include, but are not limited to: (a) For all stakeholders: (i) Challenging attitudes which perpetuate the tolerance and condoning of violence in all its forms, including gender, race, colour, religion, ethnic or social origin, disability and other power imbalances; (ii) Disseminating information regarding the Convention’s holistic and positive approach to child protection through creative public campaigns, schools and peer education, family, community and institutional educational initiatives, professionals and professional groups, NGOs and civil society; (iii) Developing partnerships with all sectors of society, including children themselves, NGOs and the media; (b) For children: (i) Registering all children to facilitate their access to services and redress procedures; (ii) Supporting children to protect themselves and their peers through awareness of their rights and development of social skills as well as age-appropriate empowerment strategies; (iii) Implementing “mentoring” programmes that engage responsible and trusted adults in the lives of children identified as needing extra support beyond that provided by their caregivers; (c) For families and communities: (i) Supporting parents and caregivers to understand, embrace and implement good child-rearing, based on knowledge of child rights, child development and techniques for positive discipline in order to support families’ capacity to provide children with care in a safe environment; (ii) Providing pre- and post-natal services, home visitation programmes, quality early-childhood development programmes, and income-generation programmes for disadvantaged groups; (iii) Strengthening the links between mental health services, substance abuse treatment and child protection services; (iv) Providing respite programmes and family support centres for families facing especially difficult circumstances; (v) Providing shelters and crisis centres for parents (mostly women) who have experienced violence at home and their children; (vi) Providing assistance to the family by adopting measures that promote family unity and ensure for children the full exercise and enjoyment of their rights in private settings, abstaining from unduly interfering in children’s private and family relations, depending on circumstances.[[fn:20]] (d) For professionals and institutions (Government and civil society): (i) Identifying prevention opportunities and informing policy and practice on the basis of research studies and data collection; (ii) Implementing, through a participatory process, rights-based child protection policies and procedures and professional ethics codes and standards of care; (iii) Preventing violence in care and justice settings by, inter alia, developing and implementing community-based services in order to make use of institutionalization and detention only as a last resort and only if in the best interest of the child.","labels":["Children","Persons with disabilities","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":20,"text":"Human Rights Committee, general comment No. 17 (1989) on the rights of the child; European Court of Human Rights, Olsson vs. Sweden (No. 1), Judgement of 24 March 1988, Series A No. 130, para. 81; Inter-American Court of Human Rights, Velásquez Rodríguez vs. Honduras, Judgement on the Merits, 10 January 1989, Series C, No. 3, para. 172."}],"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0048","docId":"crc-c-gc-13","idx":48,"n":48,"text":"Identification.[[fn:21]] This includes identifying risk factors for particular individuals or groups of children and caregivers (in order to trigger targeted prevention initiatives) and identifying signs of actual maltreatment (in order to trigger appropriate intervention as early as possible). This requires that all who come in contact with children are aware of risk factors and indicators of all forms of violence, have received guidance on how to interpret such indicators, and have the necessary knowledge, willingness and ability to take appropriate action (including the provision of emergency protection). Children must be provided with as many opportunities as possible to signal emerging problems before they reach a state of crisis, and for adults to recognize and act on such problems even if the child does not explicitly ask for help. Particular vigilance is needed when it comes to marginalized groups of children who are rendered particularly vulnerable due to their alternative methods of communicating, their immobility and/or the perceived view that they are incompetent, such as children with disabilities. Reasonable accomodation should be provided to ensure that they are able to communicate and signal problems on an equal basis with others.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":21,"text":"Paragraphs 48 ff can also be applied to processes in informal and customary systems of justice."}],"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0049","docId":"crc-c-gc-13","idx":49,"n":49,"text":"Reporting.[[fn:22]] The Committee strongly recommends that all States parties develop safe, well-publicized, confidential and accessible support mechanisms for children, their representatives and others to report violence against children, including through the use of 24-hour toll-free hotlines and other ICTs. The establishment of reporting mechanisms includes: (a) providing appropriate information to facilitate the making of complaints; (b) participation in investigations and court proceedings; (c) developing protocols which are appropriate for different circumstances and made widely known to children and the general public; (d) establishing related support services for children and families; and (e) training and providing ongoing support for personnel to receive and advance the information received through reporting systems. Reporting mechanisms must be coupled with, and should present themselves as help-oriented services offering public health and social support, rather than as triggering responses which are primarily punitive. Children’s right to be heard and to have their views taken seriously must be respected. In every country, the reporting of instances, suspicion or risk of violence should, at a minimum, be required by professionals working directly with children. When reports are made in good faith, processes must be in place to ensure the protection of the professional making the report.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":22,"text":"See also the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime."}],"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0050","docId":"crc-c-gc-13","idx":50,"n":50,"text":"Referral. The person receiving the report should have clear guidance and training on when and how to refer the issue to whichever agency is responsible for coordinating the response. Following this, intersectoral referrals may be made by trained professionals and administrators when children are found to be in need of protection (immediate or longer-term) and specialized support services. Professionals working within the child protection system need to be trained in inter-agency cooperation and protocols for collaboration. The process will involve: (a) a participatory, multi-disciplinary assessment of the short- and long-term needs of the child, caregivers and family, which invites and gives due weight to the child’s views as well as those of the caregivers and family; (b) sharing of the assessment results with the child, caregivers and family; (c) referral of the child and family to a range of services to meet those needs; and (d) follow-up and evaluation of the adequateness of the intervention.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0051","docId":"crc-c-gc-13","idx":51,"n":51,"text":"Investigation. Investigation of instances of violence, whether reported by the child, a representative or an external party, must be undertaken by qualified professionals who have received role-specific and comprehensive training, and require a child rights-based and child-sensitive approach. Rigorous but child-sensitive investigation procedures will help to ensure that violence is correctly identified and help provide evidence for administrative, civil, child-protection and criminal proceedings. Extreme care must be taken to avoid subjecting the child to further harm through the process of the investigation. Towards this end, all parties are obliged to invite and give due weight to the child’s views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0052","docId":"crc-c-gc-13","idx":52,"n":52,"text":"Treatment. “Treatment” is one of the many services needed to “promote physical and psychological recovery and social reintegration” for children who have experienced violence, and must take place “in an environment which fosters the health, self-respect and dignity of the child” (art. 39). In this respect attention must be given to: (a) inviting and giving due weight to the child’s views; (b) the safety of the child; (c) the possible need for her or his immediate safe placement; and (d) the predictable influences of potential interventions on the child’s long-term well-being, health and development. Medical, mental health, social and legal services and support may be required for children upon identification of abuse, as well as longer-term follow-up services. A full range of services, including family group conferencing and other similar practices, should be made available. Services and treatment for perpetrators of violence, especially child perpetrators, are also needed. Children who are aggressive towards other children have often been deprived of a caring family and community environment. They must be regarded as victims of their child-rearing conditions, which imbue them with frustration, hatred and aggression. Educational measures must have priority and be directed to improve their pro-social attitudes, competencies and behaviours. Simultaneously, the life conditions of these children must be examined in order to promote their care and support and that of other children in the family and neighbourhood. In terms of children who harm themselves, it is recognized that this is a result of severe psychological distress and may be a result of violence by others. Self-harm should not be criminalized. Interventions must be supportive and not in any way punitive.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-c-gc-13-0053","docId":"crc-c-gc-13","idx":53,"n":53,"text":"Follow-up. The following must always be clear: (a) who has responsibility for the child and family from reporting and referral all the way through to follow-up; (b) the aims of any course of action taken – which must be fully discussed with the child and other relevant stakeholders; (c) the details, deadlines for implementation and proposed duration of any interventions; and (d) mechanisms and dates for the review, monitoring and evaluation of actions. Continuity between stages of intervention is essential and this may best be achieved through a case management process. Effective help requires that actions, once decided through a participatory process, must not be subject to undue delay. The follow-up must be understood in the context of article 39 (recovery and reintegration), article 25 (periodic review of treatment and placements), article 6, paragraph 2 (right to development) and article 29 (aims of education which present intentions and aspirations for development). Contact of the child with both parents should be ensured in accordance with article 9, paragraph 3, unless this is contrary to the best interests of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"},{"treaty":"CRC","article":"25","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-13-0054","docId":"crc-c-gc-13","idx":54,"n":54,"text":"54. Judicial involvement.[[fn:23]] At all times and in all cases, due process must be respected. In particular, the protection and the further development of the child and his or her best interests (and the best interests of other children where there is a risk of a perpetrator reoffending) must form the primary purpose of decision-making, with regard given to the least intrusive intervention as warranted by the circumstances. Furthermore, the Committee recommends the respect of the following guarantees: (a) Children and their parents should be promptly and adequately informed by the justice system or other competent authorities (such as the police, immigration, or educational, social or health-care services); (b) Child victims of violence should be treated in a child-friendly and sensitive manner throughout the justice process, taking into account their personal situation, needs, age, gender, disability and level of maturity and fully respecting their physical, mental and moral integrity; (c) Judicial involvement should be preventive where possible, proactively encouraging positive behaviour as well as prohibiting negative behaviour. Judicial involvement should be an element of a coordinated and integrated approach across sectors, supporting and facilitating other professionals to work with children, caregivers, families and communities, and facilitating access to the full range of child caregiving and protection services available; (d) In all proceedings involving children victims of violence, the celerity principle must be applied, while respecting the rule of law.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":23,"text":"See also: Guidelines of the Committee of Ministers of the Council of Europe on child friendly justice, adopted on 17 November 2010; Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime; and General Assembly resolution 65/213."}],"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0055","docId":"crc-c-gc-13","idx":55,"n":55,"text":"Judicial involvement may consist of the following: (a) Differentiated and mediated responses such as family group conferencing, alternative dispute-resolution mechanisms, restorative justice and kith and kin agreements (where processes are human-rights respecting, accountable and managed by trained facilitators); (b) Juvenile or family court intervention leading to a specific measure of child protection; (c) Criminal law procedures, which must be strictly applied in order to abolish the widespread practice of de jure or de facto impunity, in particular of State actors; (d) Disciplinary or administrative proceedings against professionals for neglectful or inappropriate behaviour in dealing with suspected cases of child maltreatment (either internal proceedings in the context of professional bodies for breaches of codes of ethics or standards of care, or external proceedings); (e) Judicial orders to ensure compensation and rehabilitation for children who have suffered from violence in its various forms.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0056","docId":"crc-c-gc-13","idx":56,"n":56,"text":"When appropriate, juvenile or family specialized courts and criminal procedures should be established for child victims of violence. This could include the establishment of specialized units within the police, the judiciary and the prosecutor’s office with the possibility of providing accomodations in the judicial process to ensure equal and fair participation of children with disabilities. All professionals working with and for children and involved in such cases should receive specific interdisciplinary training on the rights and needs of children of different age groups, as well as on proceedings that are adapted to them. While implementing a multidisciplinary approach, professional rules on confidentiality should be respected. The decision to separate a child from his or her parent(s) or family environment must be made only when it is in the child’s best interests (art. 9 and art. 20, para. 1). However, in cases of violence where perpetrators are primary caregivers, within the child rights safeguards listed above, and depending on the severity and other factors, intervention measures focusing on social and educational treatment and a restaurative approach are often preferable to a purely punitive judicial involvement. Effective remedies should be available, including compensation to victims and access to redress mechanisms and appeal or independent complaint mechanisms.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-c-gc-13-0057","docId":"crc-c-gc-13","idx":57,"n":57,"text":"57. Effective procedures. Such protective measures as mentioned in article 19, paragraphs 1 and 2, and as integrated into a systems-building approach (see para. 71), require “effective procedures” to ensure their enforcement, quality, relevance, accessibility, impact and efficiency. Such procedures should include: (a) Inter-sectoral coordination, mandated by protocols and memorandums of understanding as necessary; (b) The development and implementation of systematic and ongoing data collection and analysis; (c) The development and implementation of a research agenda; and (d) The development of measurable objectives and indicators in relation to policies, processes and outcomes for children and families.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0058","docId":"crc-c-gc-13","idx":58,"n":58,"text":"Outcome indicators should focus on the child’s positive development and well-being as a rights-bearing person, beyond a purely narrow focus on incidence, prevalence and types or extent of violence. Child death reviews, critical injury reviews, inquests and systemic reviews must also be taken into account when identifying the underlying causes of violence and in recommending corrective courses of actions. Research must build on the existing body of international and national child protection knowledge and benefit from interdisciplinary and international collaboration in order to maximize complementarity. (See also para. 72 (j) on accountability in relation to national coordinating frameworks).","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["IV. Legal analysis of article 19","B. Article 19, paragraph 2","“such protective measures should, as appropriate, include…”"]},{"id":"crc-c-gc-13-0059","docId":"crc-c-gc-13","idx":59,"n":59,"text":"Definition of a child rights approach. Respect for the dignity, life, survival, well-being, health, development, participation and non-discrimination of the child as a rights-bearing person should be established and championed as the pre-eminent goal of States parties’ policies concerning children. This is best realized by respecting, protecting and fulfilling all of the rights in the Convention (and its Optional Protocols). It requires a paradigm shift away from child protection approaches in which children are perceived and treated as “objects” in need of assistance rather than as rights holders entitled to non-negotiable rights to protection. A child rights approach is one which furthers the realization of the rights of all children as set out in the Convention by developing the capacity of duty bearers to meet their obligations to respect, protect and fulfil rights (art. 4) and the capacity of rights holders to claim their rights, guided at all times by the rights to non-discrimination (art. 2), consideration of the best interests of the child (art. 3, para. 1), life, survival and development (art. 6), and respect for the views of the child (art. 12). Children also have the right to be directed and guided in the exercise of their rights by caregivers, parents and community members, in line with children’s evolving capacities (art. 5). This child rights approach is holistic and places emphasis on supporting the strengths and resources of the child him/herself and all social systems of which the child is a part: family, school, community, institutions, religious and cultural systems.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-13-0060","docId":"crc-c-gc-13","idx":60,"n":60,"text":"Article 2 (non-discrimination). The Committee stresses that States parties shall take adequate measures to assure to every child the right to protection from all forms of violence “without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status”. This includes discrimination based on prejudices towards commercially sexually exploited children, children in street situations or children in conflict with the law or based on children’s clothing and behaviour. States parties must address discrimination against vulnerable or marginalized groups of children, such as outlined in paragraph 72 (g) of the present general comment, and make proactive efforts to ensure that such children are assured their right to protection on an equal basis with all other children.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-13-0061","docId":"crc-c-gc-13","idx":61,"n":61,"text":"61. Article 3 (best interests of the child). The Committee emphasizes that the interpretation of a child’s best interests must be consistent with the whole Convention, including the obligation to protect children from all forms of violence. It cannot be used to justify practices, including corporal punishment and other forms of cruel or degrading punishment, which conflict with the child’s human dignity and right to physical integrity. An adult’s judgment of a child’s best interests cannot override the obligation to respect all the child’s rights under the Convention. In particular, the Committee maintains that the best interests of the child are best served through: (a) Prevention of all forms of violence and the promotion of positive child-rearing, emphasizing the need for a focus on primary prevention in national coordinating frameworks; (b) Adequate investment in human, financial and technical resources dedicated to the implementation of a child rights-based and integrated child protection and support system.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-13-0062","docId":"crc-c-gc-13","idx":62,"n":62,"text":"Article 6 (life, survival and development). Protection from all forms of violence must be considered not only in terms of the child’s right to “life” and “survival”, but also in terms of their right to “development”, which must be interpreted in line with the overall goal of child protection. Thus, the obligation of the State party includes comprehensive protection from violence and exploitation which would jeopardize a child’s right to life, survival and development. The Committee expects States to interpret “development” in its broadest sense as a holistic concept, embracing the child’s physical, mental, spiritual, moral, psychological and social development. Implementation measures should be aimed at achieving the optimal development for all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-13-0063","docId":"crc-c-gc-13","idx":63,"n":63,"text":"Article 12 (right to be heard). The Committee is of the opinion that child participation promotes protection and child protection is key to participation. The child’s right to be heard commences already with very young children who are particularly vulnerable to violence. Children’s views must be invited and given due weight as a mandatory step at every point in a child protection process. The child’s right to be heard has particular relevance in situations of violence (see the Committee’s general comment No. 12 (2009), paras. 118 ff). With regard to family and child-rearing, the Committee expressed that this right plays a preventive role against all forms of violence in the home and family. The Committee furthermore underlines the importance of children’s participation in the development of prevention strategies in general and in school, in particular in the elimination and prevention of bullying, and other forms of violence in school. Initiatives and programmes that are aimed at strengthening children’s own capacities to eliminate violence should be supported. As the experience of violence is inherently disempowering, sensitive measures are needed to ensure that child protection interventions do not further disempower children but rather contribute positively to their recovery and reintegration via carefully facilitated participation. The Committee notes that barriers to participation are faced by particularly marginalized and/or discriminated groups. Addressing these barriers is especially relevant for child protection, as such children are often among those most affected by violence.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-13-0064","docId":"crc-c-gc-13","idx":64,"n":64,"text":"The following two articles of the Convention also have all-embracing relevance which gives them particular significance for the implementation of article 19.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0065","docId":"crc-c-gc-13","idx":65,"n":65,"text":"Article 4 (appropriate measures). Article 4 obliges States parties to undertake all appropriate measures to implement all the rights in the Convention, including article 19. In applying article 4 of the Convention, it must be noted that the right to protection from all forms of violence outlined in article 19 is a civil right and freedom. Implementation of article 19 is therefore an immediate and unqualified obligation of States parties. In the light of article 4, whatever their economic circumstances, States are required to undertake all possible measures towards the realization of the rights of the child, paying special attention to the most disadvantaged groups (see the Committee’s general comment No. 5, para. 8). The article stresses that available resources must be utilized to the maximum extent.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-13-0066","docId":"crc-c-gc-13","idx":66,"n":66,"text":"Article 5 (direction and guidance consistent with evolving capacities). Implementation of article 19 requires recognition of, and support for, the primary importance of parents, extended families, legal guardians and community members in the caregiving and protection of children and the prevention of violence. This approach is consistent with article 5, which promotes respect for the responsibilities, rights and duties of caregivers to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention (including in article 19). (See also para. 72 (d) on the primacy of familes in the context of national coordinating frameworks and other articles relevant to families).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0067","docId":"crc-c-gc-13","idx":67,"n":67,"text":"Other relevant articles. The Convention contains numerous articles which relate explicitly or implicitly to violence and child protection. Article 19 should be read in conjunction with these articles. These comprehensive references demonstrate the need to take account of the pervasive threat to the implementation of child rights by violence in all its forms and to ensure the protection of children in all situations of life and development.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["V. Interpretation of article 19 in the broader context of the Convention"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0068","docId":"crc-c-gc-13","idx":68,"n":68,"text":"Beyond national plans of action. The Committee recognizes that many national plans of action adopted by States parties to implement the rights of the child include measures to prohibit, prevent and eliminate all forms of violence against children. Such plans of action, while contributing to more enjoyment by children of their rights, have nevertheless faced many challenges in their implementation, monitoring, evaluation and follow-up. For example, they have often lacked links with the overall development policy, programmes, budget and coordinating mechanisms. In order to establish a more feasible and flexible instrument, the Committee is proposing a “coordinating framework on violence against children” for all child rights-based measures to protect children from violence in all its forms and to support a protective environment.[[fn:24]] Such a coordinating framework can be used in place of national plans of action where these do not yet exist or where they are proving unwieldy. Where national plans of action are being effectively implemented already, the coordinating framework can nonetheless complement those efforts, stimulate discussion and generate new ideas and resources to improve their functioning.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":24,"text":"See also the overarching recommendations of the independent expert for the United Nations study on violence against children (A/61/299), para. 96."}],"section":["VI. National coordinating framework on violence against children"]},{"id":"crc-c-gc-13-0069","docId":"crc-c-gc-13","idx":69,"n":69,"text":"National coordinating framework on violence against children. This coordinating framework can provide a common frame of reference and a mechanism for communication among Government ministries and also for State and civil society actors at all levels with regard to needed measures, across the range of measures and at each stage of intervention identified in article 19. It can promote flexibility and creativity and allow for the development and implementation of initiatives led simultaneously by both Government and community, but which are nonetheless contained within an overall cohesive and coordinated framework. In previous reccommendations and general comments, including its general comment No. 5 on general measures of implementation, the Committee has already urged States parties to develop plans and strategies for specific aspects of the Convention (for example juvenile justice or early childhood). It is in this context that the Committee recommends the development of a national coordinating framework on protection against all forms of violence, including comprehensive prevention measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["VI. National coordinating framework on violence against children"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0070","docId":"crc-c-gc-13","idx":70,"n":70,"text":"Different starting points. The Committee acknowledges that protecting children from all forms of violence is highly challenging in most countries and that States parties are designing and implementing measures from very different starting points, in terms of existing legal, institutional and service infrastructures, cultural customs and professional competencies, as well as levels of resources.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["VI. National coordinating framework on violence against children"]},{"id":"crc-c-gc-13-0071","docId":"crc-c-gc-13","idx":71,"n":71,"text":"The process of developing a national coordinating framework. There is no single model for such coordinating frameworks for freedom from all forms of violence. Some countries have invested in a discrete system of protecting children whereas others prefer to integrate protection issues into mainstream systems of implementing the rights of children. Experience shows that the process of developing a system is essential to its successful implementation. Skilful facilitation is required to ensure the participation of and ownership by senior representatives of all stakeholder groups, possibly through a multidisciplinary working group which has appropriate decision-making power, which meets regularly and which is prepared to be ambitious. A system of prevention and protection against all forms of violence should build on the strengths in existing formal and informal structures, services and organizations. Gaps should be identified and filled, based on the obligations outlined in article 19 and the Convention more broadly, and in other international and regional human rights instruments, and supported by the guidance provided in the United Nations study on violence against children, the present general comment and additional implementation supports. National planning should be a transparent and inclusive process, with full disclosure to the general public and assurance of the involvement of Government, NGOs, research and professional practice experts, parents and children. It should be accessible and understandable to both children and adults. The national coordinating framework should be fully costed and financed, including human and technical resources, and presented, if possible, within the national child budget.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["VI. National coordinating framework on violence against children"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0072","docId":"crc-c-gc-13","idx":72,"n":72,"text":"72. Elements to be mainstreamed into national coordinating frameworks. The following elements need to be mainstreamed across the measures (legislative, administrative, social and educational) and stages of intervention (from prevention through to recovery and reintegration): (a) Child rights approach. This approach is based on the declaration of the child as a rights holder and not a beneficiary of benevolent activities of adults. It includes respecting and encouraging consultation and cooperation with, and the agency of, children in the design, implementation, monitoring and evaluation of the coordinating framework and specific measures therein, taking account of the age and evolving capacities of the child or children; (b) The gender dimensions of violence against children. States parties should ensure that policies and measures take into account the different risks facing girls and boys in respect of various forms of violence in various settings. States should address all forms of gender discrimination as part of a comprehensive violence-prevention strategy. This includes addressing gender-based stereotypes, power imbalances, inequalities and discrimination which support and perpetuate the use of violence and coercion in the home, in school and educational settings, in communities, in the workplace, in institutions and in society more broadly. Men and boys must be actively encouraged as strategic partners and allies, and along with women and girls, must be provided with opportunities to increase their respect for one another and their understanding of how to stop gender discrimination and its violent manifestations; (c) Primary (general) prevention. See paragraph 42 of the present general comment for details; (d) The primary position of families in child caregiving and protection strategies.[[fn:25]] Families (including extended families and other forms of family-type care arrangements) have the greatest potential to protect children and to prevent violence. Families can also support and empower children to protect themselves. The need to strengthen family life, support families and work with families with challenges must therefore be a priority child protection activity at every stage of intervention, particularly prevention (through establishing good child caregiving) and in early intervention. However, the Committee also recognizes that much of the violence experienced by children, including sexual abuse, takes place within a family context and stresses the necessity of intervening in families if children are exposed to violence by family members; (e) Resilience and protective factors. It is of critical importance to understand resilience and protective factors, i.e. internal and external strengths and supports which promote personal security and reduce abuse and neglect and their negative impact. Protective factors include stable families; nurturing child-rearing by adults who meet the child’s physical and psychosocial needs; positive non-violent discipline; secure attachment of the child to at least one adult; supportive relationships with peers and others (including teachers); a social environment that fosters pro-social, non-violent and non-discriminatory attitudes and behaviours; high levels of community social cohesion; and thriving social networks and neighbourhood connections; (f) Risk factors. Proactive, tailored measures need to be taken to reduce the risk factors to which individual children or groups of children may be exposed in general or in particular contexts. This includes parental risk factors such as substance abuse, mental health problems and social isolation as well as family risk factors such as poverty, unemployment, discrimination and marginalization. At a universal level all children aged 0-18 years are considered vulnerable until the completion of their neural, psychological, social and physical growth and development. Babies and young children are at higher risk due to the immaturity of their developing brain and their complete dependency on adults. Both girls and boys are at risk, but violence often has a gender component; (g) Children in potentially vulnerable situations. Groups of children which are likely to be exposed to violence include, but are not limited to, children: not living with their biological parents, but in various forms of alternative care; not registered at birth; in street situations; in actual or perceived conflict with the law; with physical disabilities, sensory disabilities, learning disabilities, psychosocial disabilities and congenital, acquired and/or chronic illnesses or serious behavioural problems; who are indigenous[[fn:26]] and from other ethnic minorities; from minority religious or linguistic groups; who are lesbian, gay, transgender or transsexual; at risk of harmful traditional practices; in early marriage (especially girls, and especially but not exclusively forced marriage); in hazardous child labour, including the worst forms; who are on the move as migrants or refugees, or who are displaced and/or trafficked; who have already experienced violence; who experience and witness violence in the home and in communities; in low socio-economic urban environments, where guns, weapons, drugs and alcohol may be easily available; living in accident- or disaster-prone areas or in toxic environments; affected by HIV/AIDS or who are themselves HIV infected; who are malnourished; looked after by other children; who are themselves carers and heads of households; born to parents who are themselves still under 18; who are unwanted, born prematurely or part of a multiple birth; hospitalized with inadequate supervision or contact with caregivers; or exposed to ICTs without adequate safeguards, supervision or empowerment to protect themselves. Children in emergencies are extremely vulnerable to violence when, as a consequence of social and armed conflicts, natural disasters and other complex and chronic emergencies, social systems collapse, children become separated from their caregivers and caregiving and safe environments are damaged or even destroyed; (h) Resource allocation. Human, financial and technical resources needed across different sectors must be allocated to the maximum extent of available resources. Robust monitoring mechanisms must be developed and implemented to ensure accountability regarding allocation of budgets and their efficient utilization; (i) Coordination mechanisms. Mechanisms must be explicitly outlined to ensure effective coordination at central, regional and local levels, between different sectors and with civil society, including the empirical research community. These mechanisms must be supported by the administrative measures outlined above; (j) Accountability. It must be ensured that States parties, national and local agencies and organizations, and relevant civil society stakeholders proactively and cooperatively establish and apply standards, indicators, tools, and systems of monitoring, measurement and evaluation to fulfil their obligations and commitments to protect children from violence. The Committee has consistently expressed its support for systems of accountability, including in particular through data collection and analysis, indicator construction, monitoring and evaluation as well as support for independent human rights institutions. The Committee recommends that States parties publish an annual report on progress made with regard to the prohibition, prevention and elimination of violence, submit it to parliament for consideration and discussion, and invite all relevant stakeholders to respond to the information contained therein.","labels":["Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities","Persons in street situations","LGBTI+","Persons living with HIV/AIDS","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":25,"text":"See also the Guidelines for the Alternative Care of Children."},{"n":26,"text":"In some societies, in contrast to non-indigenous families, “neglect” as distinct from “abuse” is the primary reason leading to the removal of indigenous children from their families. Non-punitive family support services and interventions directly addressing causes (such as poverty, housing and historical circumstances) are often more appropriate. Specific efforts are required to address discrimination in the provision of services and the range of intervention options available to indigenous and other minority communities."}],"section":["VI. National coordinating framework on violence against children"]},{"id":"crc-c-gc-13-0073","docId":"crc-c-gc-13","idx":73,"n":73,"text":"States parties’ obligations. In the light of States parties’ obligations under articles 4 and 19, inter alia, the Committee considers that resource constraints cannot provide a justification for a State party’s failure to take any, or enough, of the measures that are required for child protection. States parties are therefore urged to adopt comprehensive, strategic and time-bound coordinating frameworks for child caregiving and protection. In particular the Committee highlights the necessity to consult with children in the development of these strategies, frameworks and measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["VII. Resources for implementation and the need for international cooperation"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0074","docId":"crc-c-gc-13","idx":74,"n":74,"text":"Sources of support. Within the context of different starting points highlighted in paragraph 70, and on the understanding that budgets at national and decentralized levels should be the primary source of funds for child caregiving and protection strategies, the Committee draws the attention of States parties to the avenues of international cooperation and assistance outlined in articles 4 and 45 of the Convention. The Committee calls upon the following partners to support, both financially and technically, child protection programmes, including training, which take full account of the requirements stipulated in article 19 and the Convention more broadly:[[fn:27]] States parties providing development cooperation; donor institutions (including the World Bank, private sources and foundations); United Nations agencies and organizations; and other international and regional bodies and organizations. This financial and technical support should be provided systematically through strong and equitable partnerships, at the national and international levels. Child rights-based protection programmes should be one of the main components in assisting sustainable development in countries receiving international assistance. The Committee also encourages such bodies to continue to work with the Committee, the Special Representative of the Secretary-General on Violence against Children and other international and regional human rights mechanisms to advance this goal.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":27,"text":"See general comment No. 5 (paras. 61, 62 and 64) on: the need for the mainstreaming of children’s rights into international cooperation and technical assistance; the need for such cooperation and assistance to be guided by, and to fully promote implementation of, the Convention; the allocation of a substantive part of international aid and assistance specifically to children; and the need for Poverty Reduction Strategy Papers and sector-wide approaches to development to include a strong focus on children’s rights."}],"section":["VII. Resources for implementation and the need for international cooperation"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"45","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0075","docId":"crc-c-gc-13","idx":75,"n":75,"text":"75. Resources needed at the international level. Investment is also needed in the following areas at the international level to assist States parties to fulfil their obligations in relation to article 19: (a) Human resources: improved communication, cooperation and individual exchange within and between professional associations (for example medical, mental health, social work, legal, education, child maltreatment, academic/research, child rights and training organizations/institutions); improved communication and cooperation within and between civil society groups (for example research communities, NGOs, child-led organizations, faith-based organizations, organizations of persons with disabilities, community and youth groups, and individual experts involved in the development and exchange of knowledge and practice); (b) Financial resources: improved coordination, monitoring and evaluation of donor aid; further development of financial and human capital analyses in order for economists, researchers and States parties to fully measure the costs of implementing holistic child protection systems (with an emphasis on primary prevention) versus the costs of managing the direct and indirect (including intergenerational) impact of violence at the individual, community, national and even international levels; and reviews by international financial institutions of “their policies and activities to take account of the impact they may have on children”;[[fn:28]] (c) Technical resources: evidence-based indicators, systems, models (including model legislation), tools, guidelines, protocols and practice standards for use by communities and professionals, with guidance on their adaptation to different contexts; a platform for systematic sharing and accessing of information (knowledge and practice); universally established clarity and transparency in budgeting for child rights and child protection, as well as in outcome monitoring of child protection during up and down cycles of economies and challenging circumstances (technical assistance should be established over time, through information, models and related training).","labels":["Children","Adolescents","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"footnotes":[{"n":28,"text":"A/61/299, para. 117."}],"section":["VII. Resources for implementation and the need for international cooperation"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-13-0076","docId":"crc-c-gc-13","idx":76,"n":76,"text":"Regional and international cross-border cooperation. In addition to development assistance, cooperation is also needed to address child protection issues which cut across national borders such as: cross-border movement of children – either unaccompanied or with their families – either voluntarily or under duress (for example due to conflict, famine, natural disasters or epidemics) which can put children at risk of harm; cross-border trafficking of children for labour, sexual exploitation, adoption, removal of body parts or other purposes; conflict which cuts across borders and which may compromise a child’s safety and access to protection systems, even if the child remains in the country of origin; and disasters that impact several countries simultaneously. Specific legislation, policies, programmes and partnerships may be required to protect children affected by cross-border child protection issues (for example cybercrime and extraterritorial prosecution of those who sexually abuse children through travel and tourism and traffickers of families and children), whether these children are in traditional caregiving situations or where the State is the de facto caregiver, as in the case of unaccompanied children. Educational measuresEducational measures","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2011,"section":["VII. Resources for implementation and the need for international cooperation"]},{"id":"crc-c-gc-14-0001","docId":"crc-c-gc-14","idx":1,"n":1,"text":"Article 3, paragraph 1, of the Convention on the Rights of the Child gives the child the right to have his or her best interests assessed and taken into account as a primary consideration in all actions or decisions that concern him or her, both in the public and private sphere. Moreover, it expresses one of the fundamental values of the Convention. The Committee on the Rights of the Child (the Committee) has identified article 3, paragraph 1, as one of the four general principles of the Convention for interpreting and implementing all the rights of the child,[[fn:1]] and applies it is a dynamic concept that requires an assessment appropriate to the specific context.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":1,"text":"The Committee’s general comment No. 5 (2003) on the general measures of implementation of the Convention on the Rights of the Child, para. 12; and No. 12 (2009) on the right of the child to be heard, para. 2."}],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0002","docId":"crc-c-gc-14","idx":2,"n":2,"text":"The concept of the “child's best interests” is not new. Indeed, it pre-dates the Convention and was already enshrined in the 1959 Declaration of the Rights of the Child (para. 2), the Convention on the Elimination of All Forms of Discrimination against Women (arts. 5 (b) and 16, para. 1 (d)), as well as in regional instruments and many national and international laws.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"citedArticles":[{"treaty":"CEDAW","article":"5","source":"grammar"},{"treaty":"CEDAW","article":"16","paragraph":"1","source":"grammar"}]},{"id":"crc-c-gc-14-0003","docId":"crc-c-gc-14","idx":3,"n":3,"text":"The Convention also explicitly refers to the child's best interests in other articles: article 9: separation from parents; article 10: family reunification; article 18: parental responsibilities; article 20: deprivation of family environment and alternative care; article 21: adoption; article 37(c): separation from adults in detention; article 40, paragraph 2 (b) (iii): procedural guarantees, including presence of parents at court hearings for penal matters involving children in conflict with the law. Reference is also made to the child's best interests in the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (preamble and art. 8) and in the Optional Protocol to the Convention on a communications procedure (preamble and arts. 2 and 3).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"citedArticles":[{"article":"9","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 9 of CRC — separation from parents. Text explicitly labels each article with its subject matter within the Convention."},{"article":"10","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 10 of CRC — family reunification."},{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 18 of CRC — parental responsibilities."},{"article":"20","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 20 of CRC — deprivation of family environment and alternative care."},{"article":"21","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 21 of CRC — adoption."},{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 37(c) of CRC — separation from adults in detention. Explicitly labeled in text."},{"article":"40","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 40, para. 2(b)(iii) of CRC — procedural guarantees for children in conflict with the law."},{"article":"8","treaty":"CRC-OPSC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'in the Optional Protocol to the Convention on the sale of children … (preamble and art. 8)'. This article 8 belongs to CRC-OPSC, not the base CRC. The regex defaulted to CRC but context_before and the sentence make clear this is CRC-OPSC art. 8."}]},{"id":"crc-c-gc-14-0004","docId":"crc-c-gc-14","idx":4,"n":4,"text":"The concept of the child's best interests is aimed at ensuring both the full and effective enjoyment of all the rights recognized in the Convention and the holistic development of the child.[[fn:2]] The Committee has already pointed out[[fn:3]] that “an adult’s judgment of a child’s best interests cannot override the obligation to respect all the child’s rights under the Convention.” It recalls that there is no hierarchy of rights in the Convention; all the rights provided for therein are in the “child's best interests” and no right could be compromised by a negative interpretation of the child's best interests.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":2,"text":"The Committee expects States to interpret development as a “holistic concept, embracing the child´s physical, mental, spiritual, moral, psychological and social development” (general comment No. 5, para. 12)."},{"n":3,"text":"General comment No. 13 (2011) on the right to protection from all forms of violence, para. 61."}]},{"id":"crc-c-gc-14-0005","docId":"crc-c-gc-14","idx":5,"n":5,"text":"The full application of the concept of the child's best interests requires the development of a rights-based approach, engaging all actors, to secure the holistic physical, psychological, moral and spiritual integrity of the child and promote his or her human dignity.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013},{"id":"crc-c-gc-14-0006","docId":"crc-c-gc-14","idx":6,"n":6,"text":"15. The Committee underlines that the child's best interests is a threefold concept: (a) A substantive right: The right of the child to have his or her best interests assessed and taken as a primary consideration when different interests are being considered in order to reach a decision on the issue at stake, and the guarantee that this right will be implemented whenever a decision is to be made concerning a child, a group of identified or unidentified children or children in general. Article 3, paragraph 1, creates an intrinsic obligation for States, is directly applicable (self-executing) and can be invoked before a court. (b) A fundamental, interpretative legal principle: If a legal provision is open to more than one interpretation, the interpretation which most effectively serves the child’s best interests should be chosen. The rights enshrined in the Convention and its Optional Protocols provide the framework for interpretation. (c) A rule of procedure: Whenever a decision is to be made that will affect a specific child, an identified group of children or children in general, the decision-making process must include an evaluation of the possible impact (positive or negative) of the decision on the child or children concerned. Assessing and determining the best interests of the child require procedural guarantees. Furthermore, the justification of a decision must show that the right has been explicitly taken into account. In this regard, States parties shall explain how the right has been respected in the decision, that is, what has been considered to be in the child’s best interests; what criteria it is based on; and how the child’s interests have been weighed against other considerations, be they broad issues of policy or individual cases.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0007","docId":"crc-c-gc-14","idx":7,"n":7,"text":"In the present general comment, the expression “the child’s best interests” or “the best interests of the child” covers the three dimensions developed above.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"]},{"id":"crc-c-gc-14-0008","docId":"crc-c-gc-14","idx":8,"n":8,"text":"The scope of the present general comment is limited to article 3, paragraph 1, of the Convention and does not cover article 3, paragraph 2, which pertains to the well-being of the child, nor article 3, paragraph 3, which concerns the obligation of States parties to ensure that institutions, services and facilities for children comply with the established standards, and that mechanisms are in place to ensure that the standards are respected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0009","docId":"crc-c-gc-14","idx":9,"n":9,"text":"The Committee states the objectives (chapter II) of the present general comment and presents the nature and scope of the obligation of States parties (chapter III). It also provides a legal analysis of article 3, paragraph 1 (chapter IV), showing the links to other general principles of the Convention. Chapter V is dedicated to the implementation, in practice, of the principle of best interests of the child, while chapter VI provides guidelines on disseminating the general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0010","docId":"crc-c-gc-14","idx":10,"n":10,"text":"The present general comment seeks to ensure the application of and respect for the best interests of the child by the States parties to the Convention. It defines the requirements for due consideration, especially in judicial and administrative decisions as well as in other actions concerning the child as an individual, and at all stages of the adoption of laws, policies, strategies, programmes, plans, budgets, legislative and budgetary initiatives and guidelines – that is, all implementation measures – concerning children in general or as a specific group. The Committee expects that this general comment will guide decisions by all those concerned with children, including parents and caregivers.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"]},{"id":"crc-c-gc-14-0011","docId":"crc-c-gc-14","idx":11,"n":11,"text":"The best interests of the child is a dynamic concept that encompasses various issues which are continuously evolving. The present general comment provides a framework for assessing and determining the child’s best interests; it does not attempt to prescribe what is best for the child in any given situation at any point in time.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"]},{"id":"crc-c-gc-14-0012","docId":"crc-c-gc-14","idx":12,"n":12,"text":"The main objective of this general comment is to strengthen the understanding and application of the right of children to have their best interests assessed and taken as a primary consideration or, in some cases, the paramount consideration (see paragraph 38 below). Its overall objective is to promote a real change in attitudes leading to the full respect of children as rights holders. More specifically, this has implications for:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"]},{"id":"crc-c-gc-14-0013","docId":"crc-c-gc-14","idx":13,"n":13,"text":"Each State party must respect and implement the right of the child to have his or her best interests assessed and taken as a primary consideration, and is under the obligation to take all necessary, deliberate and concrete measures for the full implementation of this right.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"]},{"id":"crc-c-gc-14-0014","docId":"crc-c-gc-14","idx":14,"n":14,"text":"Article 3, paragraph 1, establishes a framework with three different types of obligations for States parties:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","A. The best interests of the child: a right, a principle and a rule of procedure"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0015","docId":"crc-c-gc-14","idx":15,"n":15,"text":"To ensure compliance, States parties should undertake a number of implementation measures in accordance with articles 4, 42 and 44, paragraph 6, of the Convention, and ensure that the best interests of the child are a primary consideration in all actions, including:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","B. Structure"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"42","source":"regex"},{"treaty":"CRC","article":"44","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0016","docId":"crc-c-gc-14","idx":16,"n":16,"text":"In giving full effect to the child’s best interests, the following parameters should be borne in mind:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction","B. Structure"]},{"id":"crc-c-gc-14-0017","docId":"crc-c-gc-14","idx":17,"n":17,"text":"Article 3, paragraph 1 seeks to ensure that the right is guaranteed in all decisions and actions concerning children. This means that every action relating to a child or children has to take into account their best interests as a primary consideration. The word “action” does not only include decisions, but also all acts, conduct, proposals, services, procedures and other measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Objectives"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0018","docId":"crc-c-gc-14","idx":18,"n":18,"text":"Inaction or failure to take action and omissions are also “actions”, for example, when social welfare authorities fail to take action to protect children from neglect or abuse.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Objectives"]},{"id":"crc-c-gc-14-0019","docId":"crc-c-gc-14","idx":19,"n":19,"text":"The legal duty applies to all decisions and actions that directly or indirectly affect children. Thus, the term “concerning” refers first of all, to measures and decisions directly concerning a child, children as a group or children in general, and secondly, to other measures that have an effect on an individual child, children as a group or children in general, even if they are not the direct targets of the measure. As stated in the Committee’s general comment No. 7 (2005), such actions include those aimed at children (e.g. related to health, care or education), as well as actions which include children and other population groups (e.g. related to the environment, housing or transport) (para. 13 (b)). Therefore, “concerning” must be understood in a very broad sense.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Objectives"]},{"id":"crc-c-gc-14-0020","docId":"crc-c-gc-14","idx":20,"n":20,"text":"Indeed, all actions taken by a State affect children in one way or another. This does not mean that every action taken by the State needs to incorporate a full and formal process of assessing and determining the best interests o the child. However, where a decision will have a major impact on a child or children, a greater level of protection and detailed procedures to consider their best interests is appropriate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Nature and scope of the obligations of States parties"]},{"id":"crc-c-gc-14-0021","docId":"crc-c-gc-14","idx":21,"n":21,"text":"The term “children” refers to all persons under the age of 18 within the jurisdiction of a State party, without discrimination of any kind, in line with articles 1 and 2 of the Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Nature and scope of the obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-14-0022","docId":"crc-c-gc-14","idx":22,"n":22,"text":"Article 3, paragraph 1, applies to children as individuals and places an obligation on States parties to assess and take the child’s best interests as a primary consideration in individual decisions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Nature and scope of the obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0023","docId":"crc-c-gc-14","idx":23,"n":23,"text":"However, the term “children” implies that the right to have their best interests duly considered applies to children not only as individuals, but also in general or as a group. Accordingly, States have the obligation to assess and take as a primary consideration the best interests of children as a group or in general in all actions concerning them. This is particularly evident for all implementation measures. The Committee[[fn:4]] underlines that the child's best interests is conceived both as a collective and individual right, and that the application of this right to indigenous children as a group requires consideration of how the right relates to collective cultural rights.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":4,"text":"General comment No.11 (2009) on indigenous children and their rights under the Convention, para. 30."}],"section":["III. Nature and scope of the obligations of States parties"]},{"id":"crc-c-gc-14-0024","docId":"crc-c-gc-14","idx":24,"n":24,"text":"That is not to say that in a decision concerning an individual child, his or her interests must be understood as being the same as those of children in general. Rather, article 3, paragraph 1, implies that the best interests of a child must be assessed individually. Procedures for establishing the best interests of children individually and as a group can be found in chapter V below.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Nature and scope of the obligations of States parties"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0025","docId":"crc-c-gc-14","idx":25,"n":25,"text":"The obligation of the States to duly consider the child's best interests is a comprehensive obligation encompassing all public and private social welfare institutions, courts of law, administrative authorities and legislative bodies involving or concerning children. Although parents are not explicitly mentioned in article 3, paragraph 1, the best interests of the child “will be their basic concern” (art. 18, para. 1).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(a)“in all actions”"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-14-0026","docId":"crc-c-gc-14","idx":26,"n":26,"text":"These terms should not be narrowly construed or limited to social institutions stricto sensu, but should be understood to mean all institutions whose work and decisions impact on children and the realization of their rights. Such institutions include not only those related to economic, social and cultural rights (e.g. care, health, environment, education, business, leisure and play, etc.), but also institutions dealing with civil rights and freedoms (e.g. birth registration, protection against violence in all settings, etc.). Private social welfare institutions include private sector organizations – either for-profit or non-profit – which play a role in the provision of services that are critical to children’s enjoyment of their rights, and which act on behalf of or alongside Government services as an alternative.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(a)“in all actions”"]},{"id":"crc-c-gc-14-0027","docId":"crc-c-gc-14","idx":27,"n":27,"text":"The Committee underlines that “courts” refer to all judicial proceedings, in all instances – whether staffed by professional judges or lay persons – and all relevant procedures concerning children, without restriction. This includes conciliation, mediation and arbitration processes.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“concerning”"]},{"id":"crc-c-gc-14-0028","docId":"crc-c-gc-14","idx":28,"n":28,"text":"In criminal cases, the best interests principle applies to children in conflict (i.e. alleged, accused or recognized as having infringed) or in contact (as victims or witnesses) with the law, as well as children affected by the situation of their parents in conflict with the law. The Committee[[fn:5]] underlines that protecting the child's best interests means that the traditional objectives of criminal justice, such as repression or retribution, must give way to rehabilitation and restorative justice objectives, when dealing with child offenders.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":5,"text":"General comment No. 10 (2007) on children’s rights in juvenile justice, para. 10."}],"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“concerning”"]},{"id":"crc-c-gc-14-0029","docId":"crc-c-gc-14","idx":29,"n":29,"text":"In civil cases, the child may be defending his or her interests directly or through a representative, in the case of paternity, child abuse or neglect, family reunification, accommodation, etc. The child may be affected by the trial, for example in procedures concerning adoption or divorce, decisions regarding custody, residence, contact or other issues which have an important impact on the life and development of the child, as well as child abuse or neglect proceedings. The courts must provide for the best interests of the child to be considered in all such situations and decisions, whether of a procedural or substantive nature, and must demonstrate that they have effectively done so.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“concerning”"]},{"id":"crc-c-gc-14-0030","docId":"crc-c-gc-14","idx":30,"n":30,"text":"The Committee emphasizes that the scope of decisions made by administrative authorities at all levels is very broad, covering decisions concerning education, care, health, the environment, living conditions, protection, asylum, immigration, access to nationality, among others. Individual decisions taken by administrative authorities in these areas must be assessed and guided by the best interests of the child, as for all implementation measures.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(c)“children”"]},{"id":"crc-c-gc-14-0031","docId":"crc-c-gc-14","idx":31,"n":31,"text":"The extension of States parties’ obligation to their “legislative bodies” shows clearly that article 3, paragraph 1, relates to children in general, not only to children as individuals. The adoption of any law or regulation as well as collective agreements – such as bilateral or multilateral trade or peace treaties which affect children – should be governed by the best interests of the child. The right of the child to have his or her best interests assessed and taken as a primary consideration should be explicitly included in all relevant legislation, not only in laws that specifically concern children. This obligation extends also to the approval of budgets, the preparation and development of which require the adoption of a best-interests-of-the-child perspective for it to be child-rights sensitive.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(c)“children”"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0032","docId":"crc-c-gc-14","idx":32,"n":32,"text":"The concept of the child's best interests is complex and its content must be determined on a case-by-case basis. It is through the interpretation and implementation of article 3, paragraph 1, in line with the other provisions of the Convention, that the legislator, judge, administrative, social or educational authority will be able to clarify the concept and make concrete use thereof. Accordingly, the concept of the child’s best interests is flexible and adaptable. It should be adjusted and defined on an individual basis, according to the specific situation of the child or children concerned, taking into consideration their personal context, situation and needs. For individual decisions, the child's best interests must be assessed and determined in light of the specific circumstances of the particular child. For collective decisions – such as by the legislator –, the best interests of children in general must be assessed and determined in light of the circumstances of the particular group and/or children in general. In both cases, assessment and determination should be carried out with full respect for the rights contained in the Convention and its Optional Protocols.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(c)“children”"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0033","docId":"crc-c-gc-14","idx":33,"n":33,"text":"The child's best interests shall be applied to all matters concerning the child or children, and taken into account to resolve any possible conflicts among the rights enshrined in the Convention or other human rights treaties. Attention must be placed on identifying possible solutions which are in the child's best interests. This implies that States are under the obligation to clarify the best interests of all children, including those in vulnerable situations, when adopting implementation measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(c)“children”"]},{"id":"crc-c-gc-14-0034","docId":"crc-c-gc-14","idx":34,"n":34,"text":"The flexibility of the concept of the child’s best interests allows it to be responsive to the situation of individual children and to evolve knowledge about child development. However, it may also leave room for manipulation; the concept of the child’s best interests has been abused by Governments and other State authorities to justify racist policies, for example; by parents to defend their own interests in custody disputes; by professionals who could not be bothered, and who dismiss the assessment of the child’s best interests as irrelevant or unimportant.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","2.“By public or private social welfare institutions, courts of law, administrative authorities or legislative bodies”"]},{"id":"crc-c-gc-14-0035","docId":"crc-c-gc-14","idx":35,"n":35,"text":"With regard to implementation measures, ensuring that the best interests of the child are a primary consideration in legislation and policy development and delivery at all levels of Government demands a continuous process of child rights impact assessment (CRIA) to predict the impact of any proposed law, policy or budgetary allocation on children and the enjoyment of their rights, and child rights impact evaluation to evaluate [[fn:6]]the actual impact of implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":6,"text":"General comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child, para. 45."}],"section":["IV. Legal analysis and links with the general principles of the Convention","(a)“public or private social welfare institutions”"]},{"id":"crc-c-gc-14-0036","docId":"crc-c-gc-14","idx":36,"n":36,"text":"The best interests of a child shall be a primary consideration in the adoption of all measures of implementation. The words “shall be” place a strong legal obligation on States and mean that States may not exercise discretion as to whether children’s best interests are to be assessed and ascribed the proper weight as a primary consideration in any action undertaken.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“courts of law”"]},{"id":"crc-c-gc-14-0037","docId":"crc-c-gc-14","idx":37,"n":37,"text":"The expression “primary consideration” means that the child’s best interests may not be considered on the same level as all other considerations. This strong position is justified by the special situation of the child: dependency, maturity, legal status and, often, voicelessness. Children have less possibility than adults to make a strong case for their own interests and those involved in decisions affecting them must be explicitly aware of their interests. If the interests of children are not highlighted, they tend to be overlooked.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“courts of law”"]},{"id":"crc-c-gc-14-0038","docId":"crc-c-gc-14","idx":38,"n":38,"text":"In respect of adoption (art. 21), the right of best interests is further strengthened; it is not simply to be “a primary consideration” but “the paramount consideration”. Indeed, the best interests of the child are to be the determining factor when taking a decision on adoption, but also on other issues.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(b)“courts of law”"],"citedArticles":[{"treaty":"CRC","article":"21","source":"regex"}]},{"id":"crc-c-gc-14-0039","docId":"crc-c-gc-14","idx":39,"n":39,"text":"However, since article 3, paragraph 1, covers a wide range of situations, the Committee recognizes the need for a degree of flexibility in its application. The best interests of the child – once assessed and determined – might conflict with other interests or rights (e.g. of other children, the public, parents, etc.). Potential conflicts between the best interests of a child, considered individually, and those of a group of children or children in general have to be resolved on a case-by-case basis, carefully balancing the interests of all parties and finding a suitable compromise. The same must be done if the rights of other persons are in conflict with the child’s best interests. If harmonization is not possible, authorities and decision-makers will have to analyse and weigh the rights of all those concerned, bearing in mind that the right of the child to have his or her best interests taken as a primary consideration means that the child's interests have high priority and not just one of several considerations. Therefore, a larger weight must be attached to what serves the child best.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(c)“administrative authorities”"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0040","docId":"crc-c-gc-14","idx":40,"n":40,"text":"Viewing the best interests of the child as “primary” requires a consciousness about the place that children’s interests must occupy in all actions and a willingness to give priority to those interests in all circumstances, but especially when an action has an undeniable impact on the children concerned.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","(d)“legislative bodies”"]},{"id":"crc-c-gc-14-0041","docId":"crc-c-gc-14","idx":41,"n":41,"text":"The right to non-discrimination is not a passive obligation, prohibiting all forms of discrimination in the enjoyment of rights under the Convention, but also requires appropriate proactive measures taken by the State to ensure effective equal opportunities for all children to enjoy the rights under the Convention. This may require positive measures aimed at redressing a situation of real inequality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","3.“The best interests of the child”"]},{"id":"crc-c-gc-14-0042","docId":"crc-c-gc-14","idx":42,"n":42,"text":"States must create an environment that respects human dignity and ensures the holistic development of every child. In the assessment and determination of the child’s best interests, the State must ensure full respect for his or her inherent right to life, survival and development.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","3.“The best interests of the child”"]},{"id":"crc-c-gc-14-0043","docId":"crc-c-gc-14","idx":43,"n":43,"text":"Assessment of a child’s best interests must include respect for the child’s right to express his or her views freely and due weight given to said views in all matters affecting the child. This is clearly set out in the Committee’s general comment No. 12 which also highlights the inextricable links between articles 3, paragraph 1, and 12. The two articles have complementary roles: the first aims to realize the child’s best interests, and the second provides the methodology for hearing the views of the child or children and their inclusion in all matters affecting the child, including the assessment of his or her best interests. Article 3, paragraph 1, cannot be correctly applied if the requirements of article 12 are not met. Similarly, article 3, paragraph 1, reinforces the functionality of article 12, by facilitating the essential role of children in all decisions affecting their lives .[[fn:7]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":7,"text":"General comment No. 12, paras. 70-74."}],"section":["IV. Legal analysis and links with the general principles of the Convention","3.“The best interests of the child”"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-14-0044","docId":"crc-c-gc-14","idx":44,"n":44,"text":"The evolving capacities of the child (art. 5) must be taken into consideration when the child's best interests and right to be heard are at stake. The Committee has already established that the more the child knows, has experienced and understands, the more the parent, legal guardian or other persons legally responsible for him or her have to transform direction and guidance into reminders and advice, and later to an exchange on an equal footing.[[fn:8]] Similarly, as the child matures, his or her views shall have increasing weight in the assessment of his or her best interests. Babies and very young children have the same rights as all children to have their best interests assessed, even if they cannot express their views or represent themselves in the same way as older children. States must ensure appropriate arrangements, including representation, when appropriate, for the assessment of their best interests; the same applies for children who are not able or willing to express a view.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":8,"text":"Ibid., para. 84."}],"section":["IV. Legal analysis and links with the general principles of the Convention","3.“The best interests of the child”"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-14-0045","docId":"crc-c-gc-14","idx":45,"n":45,"text":"The Committee recalls that article 12, paragraph 2, of the Convention provides for the right of the child to be heard, either directly or through a representative, in any judicial or administrative proceeding affecting him or her (see further chapter V.B below).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","4.“Shall be a primary consideration”"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-14-0046","docId":"crc-c-gc-14","idx":46,"n":46,"text":"As stated earlier, the “best interests of the child” is a right, a principle and a rule of procedure based on an assessment of all elements of a child’s or children’s interests in a specific situation. When assessing and determining the best interests of the child in order to make a decision on a specific measure, the following steps should be followed:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","4.“Shall be a primary consideration”"]},{"id":"crc-c-gc-14-0047","docId":"crc-c-gc-14","idx":47,"n":47,"text":"Assessment and determination of the child’s best interests are two steps to be followed when required to make a decision. The “best-interests assessment” consists in evaluating and balancing all the elements necessary to make a decision in a specific situation for a specific individual child or group of children. It is carried out by the decision-maker and his or her staff – if possible a multidisciplinary team –, and requires the participation of the child. The “best-interests determination” describes the formal process with strict procedural safeguards designed to determine the child's best interests on the basis of the best-interests assessment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","4.“Shall be a primary consideration”"]},{"id":"crc-c-gc-14-0048","docId":"crc-c-gc-14","idx":48,"n":48,"text":"Assessing the child’s best interests is a unique activity that should be undertaken in each individual case, in the light of the specific circumstances of each child or group of children or children in general. These circumstances relate to the individual characteristics of the child or children concerned, such as, inter alia, age, sex, level of maturity, experience, belonging to a minority group, having a physical, sensory or intellectual disability, as well as the social and cultural context in which the child or children find themselves, such as the presence or absence of parents, whether the child lives with them, quality of the relationships between the child and his or her family or caregivers, the environment in relation to safety, the existence of quality alternative means available to the family, extended family or caregivers, etc.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","4.“Shall be a primary consideration”"]},{"id":"crc-c-gc-14-0049","docId":"crc-c-gc-14","idx":49,"n":49,"text":"Determining what is in the best interests of the child should start with an assessment of the specific circumstances that make the child unique. This implies that some elements will be used and others will not, and also influences how they will be weighted against each other. For children in general, assessing best interests involves the same elements.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","4.“Shall be a primary consideration”"]},{"id":"crc-c-gc-14-0050","docId":"crc-c-gc-14","idx":50,"n":50,"text":"The Committee considers it useful to draw up a non-exhaustive and non-hierarchical list of elements that could be included in a best-interests assessment by any decision-maker having to determine a child's best interests. The non-exhaustive nature of the elements in the list implies that it is possible to go beyond those and consider other factors relevant in the specific circumstances of the individual child or group of children. All the elements of the list must be taken into consideration and balanced in light of each situation. The list should provide concrete guidance, yet flexibility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","1.The child’s best interests and the right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-14-0051","docId":"crc-c-gc-14","idx":51,"n":51,"text":"Drawing up such a list of elements would provide guidance for the State or decision-maker in regulating specific areas affecting children, such as family, adoption and juvenile justice laws, and if necessary, other elements deemed appropriate in accordance with its legal tradition may be added. The Committee would like to point out that, when adding elements to the list, the ultimate purpose of the child's best interests should be to ensure the full and effective enjoyment of the rights recognized in the Convention and the holistic development of the child. Consequently, elements that are contrary to the rights enshrined in the Convention or that would have an effect contrary to the rights under the Convention cannot be considered as valid in assessing what is best for a child or children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","2.The child’s best interests and the right to life, survival and development (art. 6)"]},{"id":"crc-c-gc-14-0052","docId":"crc-c-gc-14","idx":52,"n":52,"text":"Based on these preliminary considerations, the Committee considers that the elements to be taken into account when assessing and determining the child’s best interests, as relevant to the situation in question, are as follows:","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","3.The child’s best interests and the right to be heard (art. 12)"]},{"id":"crc-c-gc-14-0053","docId":"crc-c-gc-14","idx":53,"n":53,"text":"Article 12 of the Convention provides for the right of children to express their views in every decision that affects them. Any decision that does not take into account the child’s views or does not give their views due weight according to their age and maturity, does not respect the possibility for the child or children to influence the determination of their best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis and links with the general principles of the Convention","3.The child’s best interests and the right to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-14-0054","docId":"crc-c-gc-14","idx":54,"n":54,"text":"The fact that the child is very young or in a vulnerable situation (e.g. has a disability, belongs to a minority group, is a migrant, etc.) does not deprive him or her of the right to express his or her views, nor reduces the weight given to the child’s views in determining his or her best interests. The adoption of specific measures to guarantee the exercise of equal rights for children in such situations must be subject to an individual assessment which assures a role to the children themselves in the decision-making process, and the provision of reasonable[[fn:9]] accommodation and support, where necessary, to ensure their full participation in the assessment of their best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":9,"text":"See Convention on the Rights of Persons with Disabilities, art. 2: \"Reasonable accommodation\" means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure […] the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms."}],"section":["IV. Legal analysis and links with the general principles of the Convention","3.The child’s best interests and the right to be heard (art. 12)"]},{"id":"crc-c-gc-14-0055","docId":"crc-c-gc-14","idx":55,"n":55,"text":"Children are not a homogeneous group and therefore diversity must be taken into account when assessing their best interests. The identity of the child includes characteristics such as sex, sexual orientation, national origin, religion and beliefs, cultural identity, personality. Although children and young people share basic universal needs, the expression of those needs depends on a wide range of personal, physical, social and cultural aspects, including their evolving capacities. The right of the child to preserve his or her identity is guaranteed by the Convention (art. 8) and must be respected and taken into consideration in the assessment of the child's best interests.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests"],"citedArticles":[{"treaty":"CRC","article":"8","source":"regex"}]},{"id":"crc-c-gc-14-0056","docId":"crc-c-gc-14","idx":56,"n":56,"text":"Regarding religious and cultural identity, for example, when considering a foster home or placement for a child, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background (art. 20, para. 3), and the decision-maker must take into consideration this specific context when assessing and determining the child's best interests. The same applies in cases of adoption, separation from or divorce of parents. Due consideration of the child's best interests implies that children have access to the culture (and language, if possible) of their country and family of origin, and the opportunity to access information about their biological family, in accordance with the legal and professional regulations of the given country (see art. 9, para. 4).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests"],"citedArticles":[{"treaty":"CRC","article":"20","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-14-0057","docId":"crc-c-gc-14","idx":57,"n":57,"text":"Although preservation of religious and cultural values and traditions as part of the identity of the child must be taken into consideration, practices that are inconsistent or incompatible with the rights established in the Convention are not in the child's best interests. Cultural identity cannot excuse or justify the perpetuation by decision-makers and authorities of traditions and cultural values that deny the child or children the rights guaranteed by the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","A. Best interests a ssessment and determination"]},{"id":"crc-c-gc-14-0058","docId":"crc-c-gc-14","idx":58,"n":58,"text":"The Committee recalls that it is indispensable to carry out the assessment and determination of the child’s best interests in the context of potential separation of a child from his or her parents (arts. 9, 18 and 20). It also underscores that the elements mentioned above are concrete rights and not only elements in the determination of the best interests of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","A. Best interests a ssessment and determination"],"citedArticles":[{"treaty":"CRC","article":"9","source":"grammar"},{"treaty":"CRC","article":"18","source":"grammar"},{"treaty":"CRC","article":"20","source":"grammar"}]},{"id":"crc-c-gc-14-0059","docId":"crc-c-gc-14","idx":59,"n":59,"text":"The family is the fundamental unit of society and the natural environment for the growth and well-being of its members, particularly children (preamble of the Convention). The right of the child to family life is protected under the Convention (art. 16). The term “family” must be interpreted in a broad sense to include biological, adoptive or foster parents or, where applicable, the members of the extended family or community as provided for by local custom (art. 5).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","A. Best interests a ssessment and determination"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-14-0060","docId":"crc-c-gc-14","idx":60,"n":60,"text":"Preventing family separation and preserving family unity are important components of the child protection system, and are based on the right provided for in article 9, paragraph 1, which requires “that a child shall not be separated from his or her parents against their will, except when […] such separation is necessary for the best interests of the child”. Furthermore, the child who is separated from one or both parents is entitled “to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests” (art. 9, para. 3). This also extends to any person holding custody rights, legal or customary primary caregivers, foster parents and persons with whom the child has a strong personal relationship.","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","A. Best interests a ssessment and determination"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-14-0061","docId":"crc-c-gc-14","idx":61,"n":61,"text":"Given the gravity of the impact on the child of separation from his or her parents, such separation should only occur as a last resort measure, as when the child is in danger of experiencing imminent harm or when otherwise necessary; separation should not take place if less intrusive measures could protect the child. Before resorting to separation, the State should provide support to the parents in assuming their parental responsibilities, and restore or enhance the family’s capacity to take care of the child, unless separation is necessary to protect the child. Economic reasons cannot be a justification for separating a child from his or her parents.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","1.Elements to be taken into account when assessing the child's best interests"]},{"id":"crc-c-gc-14-0062","docId":"crc-c-gc-14","idx":62,"n":62,"text":"The Guidelines for the Alternative Care of Children[[fn:10]] aims to ensure that children are not placed in alternative care unnecessarily; and that where alternative care is provided, it is delivered under appropriate conditions responding to the rights and best interests of the child. In particular, “financial and material poverty, or conditions directly and uniquely imputable to such poverty, should never be the only justification for the removal of a child from parental care [...] but should be seen as a signal for the need to provide appropriate support to the family” (para. 15).","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":10,"text":"General Assembly resolution 64/142, annex."}],"section":["V. Implementation: assessing and determining the child’s best interests","(a)The child's views"]},{"id":"crc-c-gc-14-0063","docId":"crc-c-gc-14","idx":63,"n":63,"text":"Likewise, a child may not be separated from his or her parents on the grounds of a disability of either the child or his or her parents.[[fn:11]] Separation may be considered only in cases where the necessary assistance to the family to preserve the family unit is not effective enough to avoid a risk of neglect or abandonment of the child or a risk to the child’s safety.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":11,"text":"Convention on the Rights of Persons with Disabilities, art. 23, para. 4."}],"section":["V. Implementation: assessing and determining the child’s best interests","(a)The child's views"]},{"id":"crc-c-gc-14-0064","docId":"crc-c-gc-14","idx":64,"n":64,"text":"In case of separation, the State must guarantee that the situation of the child and his or her family has been assessed, where possible, by a multidisciplinary team of well-trained professionals with appropriate judicial involvement, in conformity with article 9 of the Convention, ensuring that no other option can fulfil the child’s best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(b)The child's identity"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-14-0065","docId":"crc-c-gc-14","idx":65,"n":65,"text":"When separation becomes necessary, the decision-makers shall ensure that the child maintains the linkages and relations with his or her parents and family (siblings, relatives and persons with whom the child has had strong personal relationships) unless this is contrary to the child’s best interests. The quality of the relationships and the need to retain them must be taken into consideration in decisions on the frequency and length of visits and other contact when a child is placed outside the family.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(b)The child's identity"]},{"id":"crc-c-gc-14-0066","docId":"crc-c-gc-14","idx":66,"n":66,"text":"When the child’s relations with his or her parents are interrupted by migration (of the parents without the child, or of the child without his or her parents), preservation of the family unit should be taken into account when assessing the best interests of the child in decisions on family reunification.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(b)The child's identity"]},{"id":"crc-c-gc-14-0067","docId":"crc-c-gc-14","idx":67,"n":67,"text":"The Committee is of the view that shared parental responsibilities are generally in the child's best interests. However, in decisions regarding parental responsibilities, the only criterion shall be what is in the best interests of the particular child. It is contrary to those interests if the law automatically gives parental responsibilities to either or both parents. In assessing the child's best interests, the judge must take into consideration the right of the child to preserve his or her relationship with both parents, together with the other elements relevant to the case.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0068","docId":"crc-c-gc-14","idx":68,"n":68,"text":"The Committee encourages the ratification and implementation of the conventions of the Hague Conference on Private International Law,[[fn:12]] which facilitate the application of the child's best interests and provide guarantees for its implementation in the event that the parents live in different countries.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":12,"text":"These include No. 28 on the Civil Aspects of International Child Abduction, 1980; No. 33 on Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993; No. 23 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, 1973; No. 24 on the Law Applicable to Maintenance Obligations, 1973."}],"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0069","docId":"crc-c-gc-14","idx":69,"n":69,"text":"In cases where the parents or other primary caregivers commit an offence, alternatives to detention should be made available and applied on a case-by-case basis, with full consideration of the likely impacts of different sentences on the best interests of the affected child or children.[[fn:13]]","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":13,"text":"See recommendations of the Day of general discussion on children of incarcerated parents (2011)."}],"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0070","docId":"crc-c-gc-14","idx":70,"n":70,"text":"Preservation of the family environment encompasses the preservation of the ties of the child in a wider sense. These ties apply to the extended family, such as grandparents, uncles/aunts as well friends, school and the wider environment and are particularly relevant in cases where parents are separated and live in different places.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0071","docId":"crc-c-gc-14","idx":71,"n":71,"text":"When assessing and determining the best interests of a child or children in general, the obligation of the State to ensure the child such protection and care as is necessary for his or her well-being (art. 3, para. 2) should be taken into consideration. The terms “protection and care” must also be read in a broad sense, since their objective is not stated in limited or negative terms (such as “to protect the child from harm”), but rather in relation to the comprehensive ideal of ensuring the child’s “well-being” and development. Children’s well-being, in a broad sense includes their basic material, physical, educational, and emotional needs, as well as needs for affection and safety.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-14-0072","docId":"crc-c-gc-14","idx":72,"n":72,"text":"Emotional care is a basic need of children; if parents or other primary caregivers do not fulfil the child’s emotional needs, action must be taken so that the child develops a secure attachment. Children need to form an attachment to a caregiver at a very early age, and such attachment, if adequate, must be sustained over time in order to provide the child with a stable environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0073","docId":"crc-c-gc-14","idx":73,"n":73,"text":"Assessment of the child's best interests must also include consideration of the child’s safety, that is, the right of the child to protection against all forms of physical or mental violence, injury or abuse (art. 19), sexual harassment, peer pressure, bullying, degrading treatment, etc.[[fn:14]], as well as protection against sexual, economic and other exploitation, drugs, labour, armed conflict, etc.(arts. 32-39).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":14,"text":"General comment No. 13 (2011) on the right of the child to freedom from all forms of violence."}],"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-14-0074","docId":"crc-c-gc-14","idx":74,"n":74,"text":"Applying a best-interests approach to decision-making means assessing the safety and integrity of the child at the current time; however, the precautionary principle also requires assessing the possibility of future risk and harm and other consequences of the decision for the child’s safety.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0075","docId":"crc-c-gc-14","idx":75,"n":75,"text":"An important element to consider is the child’s situation of vulnerability, such as disability, belonging to a minority group, being a refugee or asylum seeker, victim of abuse, living in a street situation, etc. The purpose of determining the best interests of a child or children in a vulnerable situation should not only be in relation to the full enjoyment of all the rights provided for in the Convention, but also with regard to other human rights norms related to these specific situations, such as those covered in the Convention on the Rights of Persons with Disabilities, the Convention relating to the Status of Refugees, among others.","labels":["Refugees & asylum-seekers","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0076","docId":"crc-c-gc-14","idx":76,"n":76,"text":"The best interests of a child in a specific situation of vulnerability will not be the same as those of all the children in the same vulnerable situation. Authorities and decision-makers need to take into account the different kinds and degrees of vulnerability of each child, as each child is unique and each situation must be assessed according to the child’s uniqueness. An individualized assessment of each child’s history from birth should be carried out, with regular reviews by a multidisciplinary team and recommended reasonable accommodation throughout the child’s development process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0077","docId":"crc-c-gc-14","idx":77,"n":77,"text":"The child’s right to health (art. 24) and his or her health condition are central in assessing the child’s best interest. However, if there is more than one possible treatment for a health condition or if the outcome of a treatment is uncertain, the advantages of all possible treatments must be weighed against all possible risks and side effects, and the views of the child must also be given due weight based on his or her age and maturity. In this respect, children should be provided with adequate and appropriate information in order to understand the situation and all the relevant aspects in relation to their interests, and be allowed, when possible, to give their consent in an informed manner.[[fn:15]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":15,"text":"General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24), para. 31."}],"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-14-0078","docId":"crc-c-gc-14","idx":78,"n":78,"text":"For example, as regards adolescent health, the Committee[[fn:16]] has stated that States parties have the obligation to ensure that all adolescents, both in and out of school, have access to adequate information that is essential for their health and development in order to make appropriate health behaviour choices. This should include information on use and abuse of tobacco, alcohol and other substances, diet, appropriate sexual and reproductive information, dangers of early pregnancy, prevention of HIV/AIDS and of sexually transmitted diseases. Adolescents with a psycho-social disorder have the right to be treated and cared for in the community in which he or she lives, to the extent possible. Where hospitalization or placement in a residential institution is necessary, the best interests of the child must be assessed prior to taking a decision and with respect for the child’s views; the same considerations are valid for younger children. The health of the child and possibilities for treatment may also be part of a best-interests assessment and determination with regard to other types of significant decisions (e.g. granting a residence permit on humanitarian grounds).","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":16,"text":"General comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child."}],"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0079","docId":"crc-c-gc-14","idx":79,"n":79,"text":"It is in the best interests of the child to have access to quality education, including early childhood education, non-formal or informal education and related activities, free of charge. All decisions on measures and actions concerning a specific child or a group of children must respect the best interests of the child or children, with regard to education. In order to promote education, or better quality education, for more children, States parties need to have well-trained teachers and other professionals working in different education-related settings, as well as a child-friendly environment and appropriate teaching and learning methods, taking into consideration that education is not only an investment in the future, but also an opportunity for joyful activities, respect, participation and fulfilment of ambitions. Responding to this requirement and enhancing children’s responsibilities to overcome the limitations of their vulnerability of any kind, will be in their best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(c)Preservation of the family environment and maintaining relations"]},{"id":"crc-c-gc-14-0080","docId":"crc-c-gc-14","idx":80,"n":80,"text":"It should be emphasized that the basic best-interests assessment is a general assessment of all relevant elements of the child’s best interests, the weight of each element depending on the others. Not all the elements will be relevant to every case, and different elements can be used in different ways in different cases. The content of each element will necessarily vary from child to child and from case to case, depending on the type of decision and the concrete circumstances, as will the importance of each element in the overall assessment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(d)Care, protection and safety of the child"]},{"id":"crc-c-gc-14-0081","docId":"crc-c-gc-14","idx":81,"n":81,"text":"The elements in the best-interests assessment may be in conflict when considering a specific case and its circumstances. For example, preservation of the family environment may conflict with the need to protect the child from the risk of violence or abuse by parents. In such situations, the elements will have to be weighted against each other in order to find the solution that is in the best interests of the child or children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(d)Care, protection and safety of the child"]},{"id":"crc-c-gc-14-0082","docId":"crc-c-gc-14","idx":82,"n":82,"text":"In weighing the various elements, one needs to bear in mind that the purpose of assessing and determining the best interests of the child is to ensure the full and effective enjoyment of the rights recognized in the Convention and its Optional Protocols, and the holistic development of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(d)Care, protection and safety of the child"]},{"id":"crc-c-gc-14-0083","docId":"crc-c-gc-14","idx":83,"n":83,"text":"There might be situations where \"protection\" factors affecting a child (e.g. which may imply limitation or restriction of rights) need to be assessed in relation to measures of \"empowerment\" (which implies full exercise of rights without restriction). In such situations, the age and maturity of the child should guide the balancing of the elements. The physical, emotional, cognitive and social development of the child should be taken into account to assess the level of maturity of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(d)Care, protection and safety of the child"]},{"id":"crc-c-gc-14-0084","docId":"crc-c-gc-14","idx":84,"n":84,"text":"In the best-interests assessment, one has to consider that the capacities of the child will evolve. Decision-makers should therefore consider measures that can be revised or adjusted accordingly, instead of making definitive and irreversible decisions. To do this, they should not only assess the physical, emotional, educational and other needs at the specific moment of the decision, but should also consider the possible scenarios of the child’s development, and analyse them in the short and long term. In this context, decisions should assess continuity and stability of the child’s present and future situation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(e)Situation of vulnerability"]},{"id":"crc-c-gc-14-0085","docId":"crc-c-gc-14","idx":85,"n":85,"text":"To ensure the correct implementation of the child’s right to have his or her best interests taken as a primary consideration, some child-friendly procedural safeguards must be put in place and followed. As such, the concept of the child's best interests is a rule of procedure (see para. 6 (b) above).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(e)Situation of vulnerability"]},{"id":"crc-c-gc-14-0086","docId":"crc-c-gc-14","idx":86,"n":86,"text":"While public authorities and organizations making decisions that concern children must act in conformity with the obligation to assess and determine the child's best interests, people who make decisions concerning children on a daily basis (e.g. parents, guardians, teachers, etc.) are not expected to follow strictly this two-step procedure, even though decisions made in everyday life must also respect and reflect the child’s best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(f)The child’s right to health"]},{"id":"crc-c-gc-14-0087","docId":"crc-c-gc-14","idx":87,"n":87,"text":"States must put in place formal processes, with strict procedural safeguards, designed to assess and determine the child’s best interests for decisions affecting the child, including mechanisms for evaluating the results. States must develop transparent and objective processes for all decisions made by legislators, judges or administrative authorities, especially in areas which directly affect the child or children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(f)The child’s right to health"]},{"id":"crc-c-gc-14-0088","docId":"crc-c-gc-14","idx":88,"n":88,"text":"The Committee invites States and all persons who are in a position to assess and determine the child’s best interests to pay special attention to the following safeguards and guarantees:","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(g)The child’s right to education"]},{"id":"crc-c-gc-14-0089","docId":"crc-c-gc-14","idx":89,"n":89,"text":"A vital element of the process is communicating with children to facilitate meaningful child participation and identify their best interests. Such communication should include informing children about the process and possible sustainable solutions and services, as well as collecting information from children and seeking their views.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","2.Balancing the elements in the best-interests assessment"]},{"id":"crc-c-gc-14-0090","docId":"crc-c-gc-14","idx":90,"n":90,"text":"Where the child wishes to express his or her views and where this right is fulfilled through a representative, the latter’s obligation is to communicate accurately the views of the child. In situations where the child’s views are in conflict with those of his or her representative, a procedure should be established to allow the child to approach an authority to establish a separate representation for the child (e.g. a guardian ad litem), if necessary.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","2.Balancing the elements in the best-interests assessment"]},{"id":"crc-c-gc-14-0091","docId":"crc-c-gc-14","idx":91,"n":91,"text":"The procedure for assessing and determining the best interests of children as a group is, to some extent, different from that regarding an individual child. When the interests of a large number of children are at stake, Government institutions must find ways to hear the views of a representative sample of children and give due consideration to their opinions when planning measures or making legislative decisions which directly or indirectly concern the group, in order to ensure that all categories of children are covered. There are many examples of how to do this, including children’s hearings, children’s parliaments, children-led organizations, children's unions or other representative bodies, discussions at school, social networking websites, etc.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","2.Balancing the elements in the best-interests assessment"]},{"id":"crc-c-gc-14-0092","docId":"crc-c-gc-14","idx":92,"n":92,"text":"Facts and information relevant to a particular case must be obtained by well-trained professionals in order to draw up all the elements necessary for the best-interests assessment. This could involve interviewing persons close to the child, other people who are in contact with the child on a daily basis, witnesses to certain incidents, among others. Information and data gathered must be verified and analysed prior to being used in the child’s or children’s best-interests assessment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","2.Balancing the elements in the best-interests assessment"]},{"id":"crc-c-gc-14-0093","docId":"crc-c-gc-14","idx":93,"n":93,"text":"The passing of time is not perceived in the same way by children and adults. Delays in or prolonged decision-making have particularly adverse effects on children as they evolve. It is therefore advisable that procedures or processes regarding or impacting children be prioritized and completed in the shortest time possible. The timing of the decision should, as far as possible, correspond to the child’s perception of how it can benefit him or her, and the decisions taken should be reviewed at reasonable intervals as the child develops and his or her capacity to express his or her views evolves. All decisions on care, treatment, placement and other measures concerning the child must be reviewed periodically in terms of his or her perception of time, and his or her evolving capacities and development (art. 25).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","2.Balancing the elements in the best-interests assessment"],"citedArticles":[{"treaty":"CRC","article":"25","source":"regex"}]},{"id":"crc-c-gc-14-0094","docId":"crc-c-gc-14","idx":94,"n":94,"text":"Children are a diverse group, with each having his or her own characteristics and needs that can only be adequately assessed by professionals who have expertise in matters related to child and adolescent development. This is why the formal assessment process should be carried out in a friendly and safe atmosphere by professionals trained in, inter alia, child psychology, child development and other relevant human and social development fields, who have experience working with children and who will consider the information received in an objective manner. As far as possible, a multidisciplinary team of professionals should be involved in assessing the child's best interests.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","B. Procedural safeguards to guarantee the implementation of thechild’s best interests"]},{"id":"crc-c-gc-14-0095","docId":"crc-c-gc-14","idx":95,"n":95,"text":"The assessment of the consequences of alternative solutions must be based on general knowledge (i.e. in the areas of law, sociology, education, social work, psychology, health, etc.) of the likely consequences of each possible solution for the child, given his or her individual characteristics and past experience.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","B. Procedural safeguards to guarantee the implementation of thechild’s best interests"]},{"id":"crc-c-gc-14-0096","docId":"crc-c-gc-14","idx":96,"n":96,"text":"The child will need appropriate legal representation when his or her best interests are to be formally assessed and determined by courts and equivalent bodies.. In particular, in cases where a child is referred to an administrative or judicial procedure involving the determination of his or her best interests, he or she should be provided with a legal representative, in addition to a guardian or representative of his or her views, when there is a potential conflict between the parties in the decision.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","B. Procedural safeguards to guarantee the implementation of thechild’s best interests"]},{"id":"crc-c-gc-14-0097","docId":"crc-c-gc-14","idx":97,"n":97,"text":"In order to demonstrate that the right of the child to have his or her best interests assessed and taken as a primary consideration has been respected, any decision concerning the child or children must be motivated, justified and explained. The motivation should state explicitly all the factual circumstances regarding the child, what elements have been found relevant in the best-interests assessment, the content of the elements in the individual case, and how they have been weighted to determine the child’s best interests. If the decision differs from the views of the child, the reason for that should be clearly stated. If, exceptionally, the solution chosen is not in the best interests of the child, the grounds for this must be set out in order to show that the child’s best interests were a primary consideration despite the result. It is not sufficient to state in general terms that other considerations override the best interests of the child; all considerations must be explicitly specified in relation to the case at hand, and the reason why they carry greater weight in the particular case must be explained. The reasoning must also demonstrate, in a credible way, why the best interests of the child were not strong enough to be outweigh the other considerations. Account must be taken of those circumstances in which the best interests of the child must be the paramount consideration (see paragraph 38 above).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","B. Procedural safeguards to guarantee the implementation of thechild’s best interests"]},{"id":"crc-c-gc-14-0098","docId":"crc-c-gc-14","idx":98,"n":98,"text":"States should establish mechanisms within their legal systems to appeal or revise decisions concerning children when a decision seems not to be in accordance with the appropriate procedure of assessing and determining the child's or children’s best interests. There should always be the possibility to request a review or to appeal such a decision at the national level. Mechanisms should be made known to the child and be accessible by him or her directly or by his or her legal representative, if it is considered that the procedural safeguards had not been respected, the facts are wrong, the best-interests assessment had not been adequately carried out or that competing considerations had been given too much weight. The reviewing body must look into all these aspects.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(a)Right of the child to express his or her own views"]},{"id":"crc-c-gc-14-0099","docId":"crc-c-gc-14","idx":99,"n":99,"text":"As mentioned above, the adoption of all measures of implementation should also follow a procedure that ensures that the child’s best interests are a primary consideration. The child-rights impact assessment (CRIA) can predict the impact of any proposed policy, legislation, regulation, budget or other administrative decision which affect children and the enjoyment of their rights and should complement ongoing monitoring and evaluation of the impact of measures on children’s r[[fn:17]]ights. CRIA needs to be built into Government processes at all levels and as early as possible in the development of policy and other general measures in order to ensure good governance for children’s rights. Different methodologies and practices may be developed when undertaking CRIA. At a minimum, they must use the Convention and its Optional Protocols as a framework, in particular ensuring that the assessments are underpinned by the general principles and have special regard for the differentiated impact of the measure(s) under consideration on children. The impact assessment itself could be based on input from children, civil society and experts, as well as from relevant Government departments, academic research and experiences documented in the country or elsewhere. The analysis should result in recommendations for amendments, alternatives and improvements and be made p[[fn:18]]ublicly available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":17,"text":"General comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, paras. 78-81."},{"n":18,"text":"States may draw guidance from the Report of the Special Rapporteur on the right to food on Guiding principles on human rights impact assessments of trade and investment agreements (A/HRC/19/59/Add.5)."}],"section":["V. Implementation: assessing and determining the child’s best interests","(a)Right of the child to express his or her own views"]},{"id":"crc-c-gc-14-0100","docId":"crc-c-gc-14","idx":100,"n":100,"text":"The Committee recommends that States widely disseminate the present general comment to parliaments, governments and the judiciary, nationally and locally. It should also be made known to children – including those in situations of exclusion –, all professionals working for and with children (including judges, lawyers, teachers, guardians, social workers, staff of public or private welfare institutions, health staff, teachers, etc.) and civil society at large. To do this, the general comment should be translated into relevant languages, child-friendly/appropriate versions should be made available, conferences, seminars, workshops and other events should be held to share best practices on how best to implement it. It should also be incorporated into the formal pre- and in-service training of all concerned professionals and technical staff.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(a)Right of the child to express his or her own views"]},{"id":"crc-c-gc-14-0101","docId":"crc-c-gc-14","idx":101,"n":101,"text":"States should include information in their periodic reporting to the Committee on the challenges they face and the measures they have taken to apply and respect the child’s best interests in all judicial and administrative decisions and other actions concerning the child as an individual, as well as at all stages of the adoption of implementation measures concerning children in general or as a specific group.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Implementation: assessing and determining the child’s best interests","(b)Establishment of facts"]},{"id":"crc-c-gc-15-0001","docId":"crc-c-gc-15","idx":1,"n":1,"text":"The present general comment is based on the importance of approaching children’s health from a child-rights perspectivethat all childrenhave the right to opportunities to survive, grow and develop, within the context of physical, emotional and social well-being, to each child’s full potential. Throughout this general comment, “child” refers to an individual below the age of 18 years, in accordance with article 1 of the Convention on the Rights of the Child (hereinafter “the Convention’’). Despite the remarkable achievements infulfilling children’s rights to health in recent years since the adoption of the Convention, significant challenges remain. The Committee on the Rights of the Child (hereinafter “the Committee”) recognizes that most mortality, morbidity and disabilitiesamong children could be prevented if there were political commitment and sufficient allocationof resources directed towards the application ofavailable knowledge and technologies for prevention, treatment and care. The presentgeneral comment was prepared with the aim of providing guidance and support to States parties and other duty bearers to support them inrespecting, protecting and fulfilling children’s right to the enjoyment of the highest attainable standard of health (hereinafter “children’s right to health”).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"}]},{"id":"crc-c-gc-15-0002","docId":"crc-c-gc-15","idx":2,"n":2,"text":"The Committee interprets children’s right to health as defined in article 24 as an inclusive right, extending not only to timely and appropriate prevention, health promotion, curative, rehabilitative and palliative services, but also to a right to grow and develop to their full potential and live in conditions that enable them to attain the highest standard of health through the implementation of programmes that address the underlying determinants of health. A holistic approach to health places the realization of children’s right to health within the broader framework of international human rights obligations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0003","docId":"crc-c-gc-15","idx":3,"n":3,"text":"The Committee addressesthis general comment to a range of stakeholders working in the fields of children’s rights and public health, including policymakers, programme implementers and activists, as well as parents and children themselves. It is explicitly generic in order to ensure its relevance to a wide range of children’s health problems, health systems and the varied contexts that exist in different countries and regions. It focuses primarily on article 24, paragraphs 1 and 2, and alsoaddresses article 24, paragraph 4[[fn:1]]. Implementation of article 24 must take into account all human rights principles, especially the guiding principles of the Convention, and must be shaped by evidence-based public health standards and best practices.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":1,"text":"Article 24, paragraph 3, is not covered because a general comment on harmful practices is currently being developed."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0004","docId":"crc-c-gc-15","idx":4,"n":4,"text":"In the Constitution of the World Health Organization, States have agreed to regard health as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity[[fn:2]]. This positive understanding of health provides the public health foundation for the present general comment. Article 24 explicitly mentions primary health care, anapproach to which was defined in the Declaration of Alma-Ataand reinforced by the World Health Assembly[[fn:3]].[[fn:4]] This approach emphasizes the need to eliminate exclusion and reduce social disparities in health; organize health services around people’s needs and expectations; integrate health into related sectors; pursue collaborative models of policy dialogue; and increase stakeholder participation, including the demand for and appropriate use of services.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":2,"text":"Preamble to the Constitution of the World Health Organization (WHO) as adopted by the International Health Conference, New York, 22 July 1946."},{"n":3,"text":"Declaration of Alma-Ata, International Conference on Primary Health Care, Alma-Ata, 6–12 September 1978."},{"n":4,"text":"World Health Assembly, Primary health care including health systems strengthening, document A62/8."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0005","docId":"crc-c-gc-15","idx":5,"n":5,"text":"Children’s health is affected by a variety of factors, many of which have changed during the past 20years and are likely to continue to evolve in the future. This includes the attention given to new health problems and changing health priorities, such as: HIV/AIDS, pandemic influenza, non-communicable diseases, importance of mental health care, care of the new born, and neonatal and adolescent mortality; increased understanding of the factors that contribute to death, disease and disability in children, including structural determinants, such as the global economic and financial situation, poverty, unemployment, migration and population displacements, war and civil unrest, discrimination and marginalization. There is also a growing understanding of the impact of climate change and rapid urbanization on children’s health; the development of new technologies, such as vaccines and pharmaceuticals; a stronger evidence base for effective biomedical, behavioural and structural interventions, as well as some cultural practices that relate to child-rearing and have proved to have a positive impact on children.","labels":["Migrants","Adolescents","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"]},{"id":"crc-c-gc-15-0006","docId":"crc-c-gc-15","idx":6,"n":6,"text":"Advances in information and communication technologies have created new opportunities and challenges to achieve children’s right to health. Despite the additional resources and technologies that have now become available to the health sector, many countries still fail to provide universal access to basic children’s health promotion, prevention and treatment services. A wide range of different dutybearers need to be involved if children’s right to health is to be fully realized and the central role played by parents and other caregivers needs to be better recognized. Relevant stakeholders will need to be engaged, working at national, regional, district and community levels, including governmental and non-governmental partners, private sector and funding organizations. States have an obligation to ensure that all dutybearers have sufficient awareness, knowledge and capacity to fulfil their obligations and responsibilities, and that children’s capacity is sufficiently developed to enable them to claim their right to health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"]},{"id":"crc-c-gc-15-0007","docId":"crc-c-gc-15","idx":7,"n":7,"text":"The Convention recognizes the interdependence and equal importance of all rights (civil, political, economic, social and cultural) that enable all children to develop their mental and physical abilities, personalities and talents to the fullest extent possible. Not only is children’s right to health important in and of itself, but also the realization of the right to health is indispensable for the enjoyment of all the other rights in the Convention. Moreover, achieving children’s right to health is dependent on the realization of many other rights outlined in the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","A. The indivisibility and interdependence of children’s rights"]},{"id":"crc-c-gc-15-0008","docId":"crc-c-gc-15","idx":8,"n":8,"text":"In order to fully realize the right to health for all children, States parties have an obligation to ensure that children’s health is not undermined as a result of discrimination, which is a significantfactor contributing to vulnerability. A number of grounds on which discrimination is proscribed are outlined in article 2 of the Convention, including the child’s, parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. These also include sexual orientation, gender identity and health status, for example HIV status and mental health[[fn:5]]. Attention should also be given to any other forms of discrimination that might undermine children’s health, and the implications of multiple forms of discrimination should also be addressed.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":5,"text":"General comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex X, para. 6."}],"section":["II. Principles and premises for realizing children’s right to health","B. Right to non-discrimination"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-15-0009","docId":"crc-c-gc-15","idx":9,"n":9,"text":"Gender-based discrimination is particularly pervasive, affecting a wide range of outcomes, from female infanticide/foeticide to discriminatory infant and young child feeding practices, gender stereotyping and access to services. Attention should be given to the differing needs of girls and boys, and the impact of gender-related social norms and values on the health and development of boys and girls. Attention also needs to be given to harmful gender-based practices and norms of behaviour that are ingrained in traditions and customs and undermine the right to health of girls and boys.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","B. Right to non-discrimination"]},{"id":"crc-c-gc-15-0010","docId":"crc-c-gc-15","idx":10,"n":10,"text":"All policies and programmes affecting children’s health should be grounded in a broad approach to gender equality that ensures young women’s full political participation; social and economic empowerment; recognition of equal rights related to sexual and reproductive health; and equal access to information, education, justice and security, including the elimination of all forms of sexual and gender-based violence.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","B. Right to non-discrimination"]},{"id":"crc-c-gc-15-0011","docId":"crc-c-gc-15","idx":11,"n":11,"text":"Children in disadvantaged situations and under-served areas should be a focus of efforts to fulfil children’s right to health. States should identify factors at national and subnational levels that create vulnerabilities for children or that disadvantage certain groups of children. These factors should be addressed when developing laws, regulations, policies, programmes and services for children’s health, and work towards ensuring equity.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","B. Right to non-discrimination"]},{"id":"crc-c-gc-15-0012","docId":"crc-c-gc-15","idx":12,"n":12,"text":"Article 3, paragraph 1, of the Convention places an obligation on public and private social welfare institutions, courts of law, administrative authorities and legislative bodies to ensure that the best interests of the child are assessed and taken as a primary consideration in all actions affecting children. This principle must be observed in all health-related decisions concerning individual children or children as a group. Individual children’s best interests should be based on their physical, emotional, social and educational needs, age, sex, relationship with parents and caregivers, and their family and social background, and after having heard their views according to article 12 of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","C. The best interests of the child"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-15-0013","docId":"crc-c-gc-15","idx":13,"n":13,"text":"The Committee urges States to place children’s best interests at the centre of all decisions affecting their health and development, including the allocation of resources, and the development and implementation of policies and interventions that affect the underlying determinants of their health. For example, the best interests of the child should:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","C. The best interests of the child"]},{"id":"crc-c-gc-15-0014","docId":"crc-c-gc-15","idx":14,"n":14,"text":"The Committee underscores the importance of the best interests of the child as a basis for all decision-making with regard to providing, withholding or terminating treatment for all children. States should develop procedures and criteria to provide guidance to health workers for assessing the best interests of the child in the area of health, in addition to other formal, binding processes that are in place for determining the child’s best interests. The Committee in its general comment No. 3[[fn:6]] has underlined that adequate measures to address HIV/AIDS can be undertaken only if the rights of children and adolescents are fully respected. The child’s best interests should therefore guide the consideration of HIV/AIDS at all levels of prevention, treatment, care and support.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":6,"text":"General comment No. 3 (2003) on HIV/AIDS and the rights of the child, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex IX."}],"section":["II. Principles and premises for realizing children’s right to health","C. The best interests of the child"]},{"id":"crc-c-gc-15-0015","docId":"crc-c-gc-15","idx":15,"n":15,"text":"In its general comment No.4, the Committee underlined the best interests of the child to have access to appropriate information on[[fn:7]] health issues. Special attention must be given to certain categories of children, including children and adolescents with psychosocial disabilities. Where hospitalization or placement in an institution is being considered, this decision should be made in accordance with the principle of the best interests of the child, with the primary understanding that it is in the best interests of all children with disabilities to be cared for, as far as possible, in the community in a family setting and preferably within their own family with the necessary supports made available to the family and the child.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":7,"text":"General comment No. 4 (2003) on adolescent health and development in the context of the Convention, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex X, para. 10."}],"section":["II. Principles and premises for realizing children’s right to health","C. The best interests of the child"]},{"id":"crc-c-gc-15-0016","docId":"crc-c-gc-15","idx":16,"n":16,"text":"Article 6 highlights the States parties’ obligation to ensure the survival, growth and development of the child, including the physical, mental, moral, spiritual and social dimensions of their development. The many risks and protective factors that underlie the life, survival, growth and development of the child need to be systematically identified in order to design and implement evidence-informed interventions that address a wide range of determinants during the lifecourse.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","D. Right to life, survival and development and the determinants of children’s health"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-15-0017","docId":"crc-c-gc-15","idx":17,"n":17,"text":"The Committee recognizes that a number of determinants need to be considered for the realization of children’s right to health, including individual factors such as age, sex, educational attainment, socioeconomic status and domicile; determinants at work in the immediate environment of families, peers, teachers and serviceproviders, notably the violence that threatens the life and survival of children as part of their immediate environment; and structural determinants, including policies, administrative structures and systems, social and cultural values and norms.[[fn:8]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":8,"text":"See general comment No. 13 (2011) on the right of the child to be free from all forms of violence, Official Records of the General Assembly, Sixty-seventh Session, Supplement No. 41 (A/67/41), annex V."}],"section":["II. Principles and premises for realizing children’s right to health","D. Right to life, survival and development and the determinants of children’s health"]},{"id":"crc-c-gc-15-0018","docId":"crc-c-gc-15","idx":18,"n":18,"text":"Among the key determinants of children’s health, nutrition and development are the realization of the mother’s right [[fn:9]]to healthand the role of parents and other caregivers. A significant number of infant deaths occur during the neonatal period, related to the poor health of the mother prior to, and during, the pregnancy and the immediate post-partum period, and to suboptimal breastfeeding practices. The health and health-related behaviours of parents and other significant adults have a major impact on children’s health.","labels":["Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":9,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation No. 24 (1999) on women and health, Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 38 (A/54/38/Rev.1), chap. I, sect. A."}],"section":["II. Principles and premises for realizing children’s right to health","D. Right to life, survival and development and the determinants of children’s health"]},{"id":"crc-c-gc-15-0019","docId":"crc-c-gc-15","idx":19,"n":19,"text":"Article 12 highlights the importance of children’s participation, providing for children to express their views and to have such views seriously taken into account, according to age and maturity.[[fn:10]] This includes their views on all aspects of health provisions, including, for example, what services are needed, how and where they are best provided, barriers to accessing or using services, the quality of the services and the attitudes of health professionals, how to strengthen children’s capacities to take increasing levels of responsibility for their own health and development, and how to involve them more effectively in the provision of services, as peer educators. States are encouraged to conduct regular participatory consultations, which are adapted to the age and maturity of the child, and research with children, and to do this separately with their parents, in order to learn about their health challenges, developmental needs and expectations as a contribution to the design of effective interventions and health programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":10,"text":"See general comment No. 12 (2009) on the right of the child to be heard, Official Records of the General Assembly, Sixty-fifth Session, Supplement No. 41 (A/65/41), annex IV."}],"section":["II. Principles and premises for realizing children’s right to health","E. Right of the child to be heard"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-15-0020","docId":"crc-c-gc-15","idx":20,"n":20,"text":"Childhood is a period of continuous growth from birth to infancy, through the preschool age to adolescence. Each phase is significant as important developmental changes occur in terms of physical, psychological, emotional and social development, expectations and norms. The stages of the child’s development are cumulative and each stage has an impact on subsequent phases, influencing the children’s health, potential, risks and opportunities. Understanding the life course is essential in order to appreciate how health problems in childhood affect public health in general.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","F. Evolving capacities and the life course of the child"]},{"id":"crc-c-gc-15-0021","docId":"crc-c-gc-15","idx":21,"n":21,"text":"The Committee recognizes that children’s evolving capacities have a bearing on their independent decision-making on their health issues. It also notes that there are often serious discrepancies regarding such autonomous decision-making, with children who are particularly vulnerable to discrimination often less able to exercise this autonomy. It is therefore essential that supportive policies are in place and that children, parents and health workers have adequate rights-based guidance on consent, assent and confidentiality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","F. Evolving capacities and the life course of the child"]},{"id":"crc-c-gc-15-0022","docId":"crc-c-gc-15","idx":22,"n":22,"text":"To respond and understand children’s evolving capacities and the different health priorities along the life cycle, data and information that are collected and analysed should be disaggregated by age, sex, disability, socioeconomic status and sociocultural aspects and geographic location, in accordance with international standards. This makes it possible to plan, develop, implement and monitor appropriate policies and interventions that take into consideration the changing capacities and needs of children over time, and that help to provide relevant health services for all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Principles and premises for realizing children’s right to health","F. Evolving capacities and the life course of the child"]},{"id":"crc-c-gc-15-0023","docId":"crc-c-gc-15","idx":23,"n":23,"text":"The notion of “the highest attainable standard of health” takes into account both the child’s biological, social, cultural and economic preconditions and the State’s available resources, supplemented by resources made available by other sources, including non-governmental organizations, the international community and the private sector.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties recognize the right of the child to the enjoyment of the highest attainable standard of health”"]},{"id":"crc-c-gc-15-0024","docId":"crc-c-gc-15","idx":24,"n":24,"text":"Children’s right to health contains a set of freedoms and entitlements. The freedoms, which are of increasing importance in accordance with growing capacity and maturity, include the right to control one’s health and body, including sexual and reproductive freedom to make responsible choices. The entitlements include access to a range of facilities, goods, services and conditions that provide equality of opportunity for every child to enjoy the highest attainable standard of health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties recognize the right of the child to the enjoyment of the highest attainable standard of health”"]},{"id":"crc-c-gc-15-0025","docId":"crc-c-gc-15","idx":25,"n":25,"text":"Children are entitled to quality health services, including prevention, promotion, treatment, rehabilitation and palliative care services. At the primary level, these services must be available in sufficient quantity and quality, functional, within the physical and financial reach of all sections of the child population, and acceptable to all. The health-care system should not only provide health-care support but also report the information to relevant authorities for cases of rights violations and injustice. Secondary and tertiary level care should also be made available, to the extent possible, with functional referral systems linking communities and families at all levels of the health system.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“and to facilities for the treatment of illness and rehabilitation of health”"]},{"id":"crc-c-gc-15-0026","docId":"crc-c-gc-15","idx":26,"n":26,"text":"Comprehensive primary health-care programmes should be delivered alongside proven community-based efforts, including preventive care, treatment of specific diseases and nutritional interventions. Interventions at the community level should include the provision of information, services and commodities as well as prevention of illness and injury through, e.g., investment in safe public spaces, road safety and education on injury, accident and violence prevention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“and to facilities for the treatment of illness and rehabilitation of health”"]},{"id":"crc-c-gc-15-0027","docId":"crc-c-gc-15","idx":27,"n":27,"text":"States should ensure an appropriately trained workforce of sufficient size to support health services for all children. Adequate regulation, supervision, remuneration and conditions of service are also required, including for community health workers. Capacity development activities should ensure that service providers work in a child-sensitive manner and do not deny children any services to which they are entitled by law. Accountability mechanisms should be incorporated to ensure that quality assurance standards are maintained.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“and to facilities for the treatment of illness and rehabilitation of health”"]},{"id":"crc-c-gc-15-0028","docId":"crc-c-gc-15","idx":28,"n":28,"text":"Article 24, paragraph 1, imposes a strong duty of action by States parties to ensure that health andother relevant services are available and accessible to all children, with special attention to under-served areas and populations. It requires a comprehensive primary health-care system, an adequate legal framework and sustained attention to the underlying determinants of children’s health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties shall strive to ensure that no child is deprived of his or her right of access to such health care services”"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0029","docId":"crc-c-gc-15","idx":29,"n":29,"text":"Barriers to children’s access to health services, including financial, institutional and cultural barriers, should be identified and eliminated. Universal free birth registration is a prerequisite andsocial protection interventions, including social security such as child grants or subsidies, cash transfers and paid parental leave, should be implemented and seen as complementary investments.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties shall strive to ensure that no child is deprived of his or her right of access to such health care services”"]},{"id":"crc-c-gc-15-0030","docId":"crc-c-gc-15","idx":30,"n":30,"text":"Health-seeking behaviour is shaped by the environment in which it takes place, including, inter alia, the availability of services, levels of health knowledge, life skills and values. States should seek to ensure an enabling environment to encourage appropriate health-seeking behaviour by parents and children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties shall strive to ensure that no child is deprived of his or her right of access to such health care services”"]},{"id":"crc-c-gc-15-0031","docId":"crc-c-gc-15","idx":31,"n":31,"text":"In accordance with their evolving capacities, children should have access to confidential counselling and advice without parental or legal guardian consent, where this is assessed by the professionals working with the child to be in the child’s best interests. States should clarify the legislative procedures for the designation of appropriate caregivers for children without parents or legal guardians, who can consent on the child’s behalf or assist the child in consenting, depending on the child’s age and maturity. States should review and consider allowing children to consent to certain medical treatments and interventions without the permission of a parent, caregiver, or guardian, such as HIV testing and sexual and reproductive health services, including education and guidance on sexual health, contraception and safe abortion.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","A. Article 24, paragraph 1","“States parties shall strive to ensure that no child is deprived of his or her right of access to such health care services”"]},{"id":"crc-c-gc-15-0032","docId":"crc-c-gc-15","idx":32,"n":32,"text":"In accordance with article 24, paragraph 2, States should put in place a process for identifying and addressing other issues relevant to children’s right to health. This requires, inter alia, an in-depth analysis of the current situation in terms of priority health problems and responses, and the identification and implementation of evidence-informed interventions and policies that respond to key determinants and health problems, in consultation with children when appropriate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0033","docId":"crc-c-gc-15","idx":33,"n":33,"text":"States have an obligation to reduce child mortality. The Committee urges particular attention to neonatal mortality, which constitutes an increasing proportion of under-5 mortality. Additionally, States parties should also address adolescent morbidity and mortality, which is generally under-prioritized.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (a). “To diminish infant and child mortality”"]},{"id":"crc-c-gc-15-0034","docId":"crc-c-gc-15","idx":34,"n":34,"text":"Interventions should include attention tostill births, pre-term birth complications, birth asphyxia, low birth weight, mother-to-child transmission of HIV and other sexually transmitted infections, neonatal infections, pneumonia, diarrhoea, measles, under- and malnutrition, malaria, accidents, violence, suicide and adolescent maternal morbidity and mortality. Strengthening health systems to provide such interventions to all children in the context of the continuum of care for reproductive, maternal, newborn and children’s health, including screening for birth defects, safe delivery services and care for the newborn are recommended. Maternal and perinatal mortality audits should be conducted regularly for the purposes of prevention and accountability.","labels":["Children","Adolescents","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (a). “To diminish infant and child mortality”"]},{"id":"crc-c-gc-15-0035","docId":"crc-c-gc-15","idx":35,"n":35,"text":"States should put particular emphasis on scaling up simple, safe and inexpensive interventions that have proven to be effective, such as community-based treatments for pneumonia, diarrhoeal disease and malaria, and pay particular attention to ensuring full protection and promotion of breastfeeding practices.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (a). “To diminish infant and child mortality”"]},{"id":"crc-c-gc-15-0036","docId":"crc-c-gc-15","idx":36,"n":36,"text":"States should prioritize universal access for children to primary health-care services provided as close as possible to where children and their families live, particularly in community settings. While the exact configuration and content of services will vary from country to country, in all cases effective health systems will be required, including: a robust financing mechanism; a well-trained and adequately paid workforce; reliable information on which to base decisions and policies; well-maintained facilities and logistics systems to deliver quality medicines and technologies; and strong leadership and governance. Health-service provision within schools provides an important opportunity for health promotion, to screen for illness, and increases the accessibility of health services for in-school children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (b). “To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care”"]},{"id":"crc-c-gc-15-0037","docId":"crc-c-gc-15","idx":37,"n":37,"text":"Recommended packages of services should be used, for example the Essential Interventions, Commodities and Guidelines for Reproductive, Maternal, Newborn and Child Health[[fn:11]]. States have an obligation to make all essential medicines on the World Health Organization Model Lists of Essential Medicines, including the list for children (in paediatric formulations where possible) available, accessible and affordable.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":11,"text":"The Partnership for Maternal, Newborn and Child Health, A Global Review of the Key Interventions Related to Reproductive, Maternal, Newborn and Child Health (Geneva, 2011)."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (b). “To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care”"]},{"id":"crc-c-gc-15-0038","docId":"crc-c-gc-15","idx":38,"n":38,"text":"The Committee is concerned [[fn:14]]by the increase in mental ill-health among adolescents, including[[fn:15]] developmental a[[fn:16]]nd behavioural disorders; depression; eating[[fn:17]] disorders; anxiety; psychological trauma resulting [[fn:18]]from abuse, neglect, violence or exploitation; alcohol, tobacco and drug use; obsessive behaviour, such as excessive use of and addiction to the Internet and other technologies; and self-harm and suicide[[fn:20]].[[fn:19]] There is growing recognition of the need for increased attention forbehavioural and social issues that undermine children’s mental health, psychosocial wellbeing and emotional d[[fn:22]]evelopment.[[fn:21]] The Committee cautions against over-medicalization and institutionalization, andurges States to undertakean approach based onpublic health and psychosocialsupport toaddress[[fn:23]] mental ill-health among children and adolescents and to invest in primary care approaches that facilitate the early detection and treatment of children’s psychosocial, emotional and mental problems.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":14,"text":"Resolution WHA65.4, adopted at the Sixty-fifth World Health Assembly on 25 May 2012."},{"n":15,"text":"See International Covenant on Economic, Social and Cultural Rights, art. 11, and Committee on Economic, Social and Cultural Rights, general comment No. 12 (1999) on the right to adequate food, Official Records of the Economic and Social Council, 2011, Supplement No. 2 (E/2000/22), annex V."},{"n":16,"text":"See WHO and United Nations Children’s Fund (UNICEF), Global Strategy for Infant and Young Child Feeding (Geneva, 2003)."},{"n":17,"text":"General Assembly resolution 64/292 on the human right to water and sanitation."},{"n":18,"text":"UNICEF/WHO, Baby-Friendly Hospital Initiative (1991)."},{"n":19,"text":"Single Convention on Narcotic Drugs, 1961; Convention on Psychotropic Substances, 1971; United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988."},{"n":20,"text":"General comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, Official Records of the General Assembly, Sixty-third Session, Supplement No. 41 (A/63/41), annex II."},{"n":21,"text":"See also Human Rights Council resolution 15/22 on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health."},{"n":22,"text":"Council for International Organizations of Medical Sciences/WHO, Geneva, 1993."},{"n":23,"text":"See general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex VIII."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (b). “To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care”"]},{"id":"crc-c-gc-15-0039","docId":"crc-c-gc-15","idx":39,"n":39,"text":"Stateshave the obligation to provide adequate treatment and rehabilitation for children with mental health and psychosocial disorders while abstaining from unnecessary medication. The 2012 resolution of the World Health Assembly onthe global burden of mental health disorders and the need for a comprehensive coordinated response from health and social sectors at the country level notes that there is increasing evidence of the effectiveness and cost-effectiveness of interventions to promote mental health and prevent mental disorders, particularly in children. The Committee strongly encourages States to scale up these interventions by mainstreaming them through a range of sectoral policies and programmes, including health, education and protection (criminal justice), with the involvement of families and communities. Children at riskbecause of their family and social environmentsrequire special attention in order to enhance their coping and life skills and promote protective and supportive environments.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (b). “To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care”"],"footnotes":[{"n":12,"text":"Resolution WHA65.4, adopted at the Sixty-fifth World Health Assembly on 25 May 2012."}]},{"id":"crc-c-gc-15-0040","docId":"crc-c-gc-15","idx":40,"n":40,"text":"There is a need to recognize the particular challenges to children’s health for children affected by humanitarian emergencies, including those resulting in large-scale displacements due to natural or man-made disasters. All possible measures should be taken to ensure that children have uninterrupted access to health services, to (re)unite them with their families and to protect them not only with physical support, such as food and clean water, but also to encourage special parental or other psychosocial care to prevent or address fear and traumas.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (b). “To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care”"]},{"id":"crc-c-gc-15-0041","docId":"crc-c-gc-15","idx":41,"n":41,"text":"As new, proven technologies in children’s health, including drugs, equipment and interventions, become available, States should introduce them into policies and services. Mobile arrangements and community-based efforts can substantially reduce some risks and should be made universally available and these include: immunization against the common childhood diseases; growth and developmental monitoring, especially in early childhood; vaccination against human papillomavirus for girls; tetanus toxoid injections for pregnant women; access to oral rehydration therapy and zinc supplementation for diarrhoea treatment; essential antibiotics and antiviral drugs; micronutrient supplements, such as vitamins A and D, iodized salt and iron supplements; and condoms. Health workers should advise parents how they can access and administer these simple technologies as required.","labels":["Children","Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0042","docId":"crc-c-gc-15","idx":42,"n":42,"text":"The private sector, which includes business enterprises and not-for-profit organizations that impact on health, is taking an increasingly important role in the development and refinement of technology, drugs, equipment, interventions and processes that can contribute to significant advances in children’s health. States should ensure that benefits reach all children who need them. States can also encourage public-private partnerships and sustainability initiatives that can increase access and affordability of health technology.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0043","docId":"crc-c-gc-15","idx":43,"n":43,"text":"Measures for fulfilling States’ obligations to ensure access to nutritionally adequate, culturally appropriate and safe food and to combat malnutrition will need to be adopted according to the specific context.[[fn:13]] Effective direct nutrition interventions for pregnant women include addressing anaemia and folic acid and iodine deficiency and providing calcium supplementation.Prevention and management of pre-eclampsia and eclampsia, should be ensured for all women of reproductive age to benefit their health and ensure healthy foetal and infant development.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":13,"text":"See International Covenant on Economic, Social and Cultural Rights, art. 11, and Committee on Economic, Social and Cultural Rights, general comment No. 12 (1999) on the right to adequate food, Official Records of the Economic and Social Council, 2011, Supplement No. 2 (E/2000/22), annex V."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0044","docId":"crc-c-gc-15","idx":44,"n":44,"text":"Exclusive breastfeeding for infants up to 6 months of age should be protected and promoted and breastfeeding should continue alongside appropriate complementary foods preferably until two years of age,wherefeasible. States’ obligations in this area are defined in the “protect, promote and support” framework, adopted unanimously by the World Health Assembly.[[fn:14]] States are required to introduce into domesticlaw, implement and enforce internationally agreed standards concerning children’s right to health, including the International Code on Marketing of Breast-milk Substitutes and the relevant subsequent World Health Assembly resolutions, as well as the World Health OrganizationFramework Convention on Tobacco Control. Special measures should be taken to promote community and workplace support formothers in relation to pregnancy and breastfeeding and feasible and affordable childcare services; and compliance withthe International Labour OrganizationConvention No. 183 (2000) concerning the revision of the Maternity Protection Convention (Revised), 1952.","labels":["Children","Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":14,"text":"See WHO and United Nations Children’s Fund (UNICEF), Global Strategy for Infant and Young Child Feeding (Geneva, 2003)."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0045","docId":"crc-c-gc-15","idx":45,"n":45,"text":"Adequate nutrition and growth monitoring in early childhood are particularly important. Where necessary, integrated management of severe acute malnutrition should be expanded through facility and community-based interventions, as well as treatment of moderate acute malnutrition, including therapeutic feeding interventions.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0046","docId":"crc-c-gc-15","idx":46,"n":46,"text":"School feeding is desirable to ensure all pupils have access to a full meal every day, which can also enhancechildren’s attention forlearning and increase school enrolment. The Committee recommends that this be combined with nutrition and health education, including setting up school gardens and training teachers to improve children’s nutrition and healthy eating habits.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0047","docId":"crc-c-gc-15","idx":47,"n":47,"text":"States should also address obesity in children, as it is associated with hypertension, early markers of cardiovascular disease, insulin resistance, psychological effects, a higher likelihood of adult obesity, and premature death. Children’s exposure to “fast foods” that are high in fat, sugar or salt, energy-dense and micronutrient-poor, and drinks containing high levels of caffeine or other potentially harmful substances should be limited. The marketing of these substances – especiallywhen such marketing is focused on children – should be regulated and their availability in schools and other placescontrolled.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0048","docId":"crc-c-gc-15","idx":48,"n":48,"text":"Safe and clean drinking water and sanitation are essential for the full enjoyment of life and all other human r[[fn:15]]ights. Government departments and local authorities responsible for water and sanitation should recognize their obligation to helprealizechildren’s right to health, and actively consider child indicators on malnutrition, diarrhoea and other water-related diseases and household size when planning and carrying out infrastructure expansion and the maintenance of water services, and when making decisions on amounts forfree minimum allocation and service disconnections. States are not exempted from their obligations, even when they have privatized water and sanitation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":15,"text":"General Assembly resolution 64/292 on the human right to water and sanitation."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0049","docId":"crc-c-gc-15","idx":49,"n":49,"text":"States should take measures to address the dangers and risks thatlocal environmental pollution poses tochildren’s health in all settings. Adequate housing that includes non-dangerous cooking facilities, a smoke-free environment, appropriate ventilation, effective management of waste and the disposal oflitter from living quarters and the immediate surroundings, the absence of mould and other toxic substances, and family hygiene are core requirements to a healthy upbringing and development. States should regulate and monitor the environmental impact of business activities that may compromise children’s right to health, food security and access to safe drinking water and to sanitation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0050","docId":"crc-c-gc-15","idx":50,"n":50,"text":"The Committee draws attention to the relevance of the environment, beyond environmental pollution, to children’s health. Environmental interventions should, inter alia, address climate change, as this is one of the biggest threats to children’s healthand exacerbates health disparities. States should, therefore, put children’s health concerns at the centre of their climate change adaptation and mitigation strategies.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (c). “To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution”"]},{"id":"crc-c-gc-15-0051","docId":"crc-c-gc-15","idx":51,"n":51,"text":"The Committee notes that preventable maternal mortality and morbidity constitute grave violations of the human rights of women and girls and pose serious threats to their own and their children’s right to health. Pregnancy and child birth are natural processes, with known health risks that are susceptibleto both prevention and therapeutic responses, if identified early. Risk situations can occur during pregnancy, deliveryand the ante- and postnatal periods and have both short- and long-term impact on the health and well-being of both mother and child.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0052","docId":"crc-c-gc-15","idx":52,"n":52,"text":"The Committee encourages States to adopt child-sensitive health approaches throughout different periods of childhood such as (a) the baby-friendly hospital initiative[[fn:16]] which protects, promotes and supports rooming-in and breastfeeding; (b) child-friendly health policies focused on training health workers to provide quality services in a way that minimizes the fear, anxiety and suffering of children and their families; and (c) adolescent-friendly health services which require health practitioners and facilities to be welcoming and sensitive to adolescents, to respect confidentiality and to deliver services that are acceptable to adolescents.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":16,"text":"UNICEF/WHO, Baby-Friendly Hospital Initiative (1991)."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0053","docId":"crc-c-gc-15","idx":53,"n":53,"text":"The care that women receive before, during and after their pregnancy has profound implications for the health and development of their children. Fulfilling the obligation to ensure universal access to a comprehensive package of sexual and reproductive health interventions should be based on the concept of a continuum of care from pre-pregnancy, through pregnancy, childbirth and throughout the post-partum period. Timely and good-quality care throughout these periods provides important opportunities to prevent the intergenerational transmission of ill-health and has a high impact on the health of the child throughout the life course.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0054","docId":"crc-c-gc-15","idx":54,"n":54,"text":"The interventions that should be made available across this continuum include, but are not limited to: essential health prevention and promotion, and curative care, including the prevention of neonatal tetanus, malaria in pregnancy and congenital syphilis; nutritional care; access to sexual and reproductive health education, information and services; health behaviour education (e.g. relating to smoking and substance use); birth preparedness; early recognition and management of complications; safe abortion services and post-abortion care; essential care at childbirth; and prevention of mother-to-child HIV transmission, and care and treatment of HIV-infected women and infants. Maternal and newborn care following delivery should ensure no unnecessary separation of the mother from her child.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0055","docId":"crc-c-gc-15","idx":55,"n":55,"text":"The Committee recommends that social protection interventions include ensuring universal coverage or financial access to care, paid parental leave and other social security benefits, and legislation to restrict the inappropriate marketing and promotion of breast-milk substitutes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0056","docId":"crc-c-gc-15","idx":56,"n":56,"text":"Given the high rates of pregnancy among adolescents globally and the additional risks of associated morbidity and mortality, States should ensure that health systems and services are able to meet the specific sexual and reproductive health needs of adolescents, including family planning and safe abortion services. States should work to ensure that girls can make autonomous and informed decisions on their reproductive health. Discrimination based on adolescent pregnancy, such as expulsion from schools, should be prohibited, and opportunities for continuous education should be ensured.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0057","docId":"crc-c-gc-15","idx":57,"n":57,"text":"Taking into account that boys and men are crucial to planning and ensuring healthy pregnancies and deliveries, States should integrate education, awareness and dialogue opportunities for boys and men into their policies and plans for sexual, reproductive and children’s health services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (d). “To ensure appropriate pre-natal and post-natal health care for mothers”"]},{"id":"crc-c-gc-15-0058","docId":"crc-c-gc-15","idx":58,"n":58,"text":"The obligations under this provision include providing health-related information and support in the use of this information. Health-related information should be physically accessible, understandable and appropriate to children’s age and educational level.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (e). “To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of children’s health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents”"]},{"id":"crc-c-gc-15-0059","docId":"crc-c-gc-15","idx":59,"n":59,"text":"Children require information and education on all aspects of health to enable them to make informed choices in relation to their lifestyle and access to health services. Information and life skills education should address a broad range of health issues, including: healthy eating and the promotion of physical activity, sports and recreation; accident and injury prevention; sanitation, hand washing and other personal hygiene practices; and the dangers of alcohol, tobacco and psychoactive substance use. Information and educationshould encompass appropriate information about children’s right to health, the obligations of Governments, and how and where to access health information and services, and should be provided as a core part of the school curriculum, as well as through health services and in other settings forchildren who are not in school. Materials providing information about health should be designed in collaboration with children and disseminated in a wide range of public settings.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (e). “To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of children’s health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents”"]},{"id":"crc-c-gc-15-0060","docId":"crc-c-gc-15","idx":60,"n":60,"text":"Sexual and reproductive health education should include self-awareness and knowledge about the body, including anatomical, physiological and emotional aspects, and should be accessible to all children, girls and boys. It should include content related to sexual health and well-being, such asinformation about body changes and maturation processes, and designed in a manner through which children are able to gain knowledge regarding reproductive health and the prevention of gender-based violence, and adopt responsible sexual behaviour.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (e). “To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of children’s health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents”"]},{"id":"crc-c-gc-15-0061","docId":"crc-c-gc-15","idx":61,"n":61,"text":"Information about children’s health should be provided to all parents individually or in groups, the extended family and other caregivers through different methods, including health clinics, parenting classes, public information leaflets, professional bodies, community organizations and the media.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (e). “To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of children’s health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents”"]},{"id":"crc-c-gc-15-0062","docId":"crc-c-gc-15","idx":62,"n":62,"text":"Prevention and health promotion should address the main health challenges facing children within the community and the country as a whole. These challenges include diseases and other health challenges, such as accidents, violence, substance abuse and psychosocial and mental health problems. Preventive health care should address communicable and non-communicable diseases and incorporate a combination of biomedical, behavioural and structural interventions. Preventing non-communicable diseases should start early in life through the promotion and support of healthy and non-violent lifestyles for pregnant women, their spouses/partners and young children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0063","docId":"crc-c-gc-15","idx":63,"n":63,"text":"Reducing the burden of child injuries requires strategies and measures to reduce the incidence of drowning, burns and other accidents. Such strategies and measuresshould include legislation and enforcement; product and environmental modification; supportive home visits and promotion of safety features; education, skills development and behaviour change; community-based projects; and pre-hospital and acute care, as well as rehabilitation. Efforts to reduce road traffic accidents should include legislating forthe use of seatbelts and other safety devices, ensuring access to safe transport for children and according them due consideration in road planning and traffic control. The support of the related industry and the media is essential in this respect.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0064","docId":"crc-c-gc-15","idx":64,"n":64,"text":"Recognizing violence as a significant cause of mortality and morbidity in children, particularly adolescents, the Committee emphasizes the need to create an environment that protects children from violence and encourages their participation in attitudinal and behavioural changes at home, in schools and in public spaces; to support parents and caregivers in healthy child-rearing; and to challenge attitudes which perpetuate the tolerance and condoning of violence in all forms, including by regulating the depiction of violence by mass media.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0065","docId":"crc-c-gc-15","idx":65,"n":65,"text":"States should protect children from solvents, alcohol, tobacco and illicit substances, increase the collection of relevant evidence and take appropriate measures to reduce the use of such substances among children. Regulation of the advertising and sale of substances harmful to children’s health and of the promotion of such items in places where children congregate, as well as in media channels and publications that are accessed by children are recommended.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0066","docId":"crc-c-gc-15","idx":66,"n":66,"text":"The Committee encourages States parties that have not yet done so to ratify the international drug control conventions and the World Health OrganizationFramework Convention on Tobacco Control.[[fn:17]] The Committee underscores the importance of adopting a rights-based approach to substance use and recommends that, where appropriate, harm reduction strategies should be employed to minimize the negative health impacts of substance abuse.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":17,"text":"Single Convention on Narcotic Drugs, 1961; Convention on Psychotropic Substances, 1971; United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0067","docId":"crc-c-gc-15","idx":67,"n":67,"text":"Parents are the most important source of early diagnosis and primary care forsmall children, and the most important protective factor against high-risk behaviours in adolescents, such as substance use and unsafe sex. Parents also play a central role in promoting healthy child development, protecting children from harm due to accidents, injuries and violence and mitigating the negative effects of risk behaviours. Children’s socialization processes, which are crucial for understanding and adjusting to the world in which they grow up, are strongly influenced by their parents, extended family and other caregivers. States should adopt evidence-based interventions to support good parenting, including parenting skills education, support groups and family counselling, in particularfor families experiencing children’s health and other social challenges.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0068","docId":"crc-c-gc-15","idx":68,"n":68,"text":"In the light of the impact of corporal punishment on children’s health, including fatal and non-fatal injury andthe psychological and emotional consequences, the Committee reminds States of their obligation to take all appropriate legislative, administrative, social and educational measures to eliminate corporal punishment and other cruel or degrading forms of punishment in all settings,[[fn:18]] including the home.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":18,"text":"General comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, Official Records of the General Assembly, Sixty-third Session, Supplement No. 41 (A/63/41), annex II."}],"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0069","docId":"crc-c-gc-15","idx":69,"n":69,"text":"Family planning services should be situated within comprehensive sexual and reproductive health services and should encompass sexuality education, including counselling. They can be considered part of the continuum of services described in article 24, paragraph 2(d), and should be designed to enable all couples and individuals to make sexual and reproductive decisions freely and responsibly, including the number, spacing and timing of their children, and to give them the information and means to do so. Attention should be given to ensuring confidential, universal access to goods and services for both married and unmarried female and male adolescents. States should ensure that adolescents are not deprived of any sexual and reproductive health information or services due to providers’ conscientious objections.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0070","docId":"crc-c-gc-15","idx":70,"n":70,"text":"Short-term contraceptive methods such as condoms, hormonal methods and emergency contraception should be made easily and readily available to sexually active adolescents. Long-term and permanent contraceptive methods should also be provided. The Committee recommends that States ensure access to safe abortion and post-abortion care services, irrespective of whether abortion itself is legal.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Normative content of article 24","B. Article 24, paragraph 2","Article 24, paragraph 2 (f). “To develop preventive health care, guidance for parents and family planning education and services”"]},{"id":"crc-c-gc-15-0071","docId":"crc-c-gc-15","idx":71,"n":71,"text":"States have three types of obligations relating to human rights, including children’s right to health: to respect freedoms and entitlements, to protect both freedoms and entitlements fromthird parties or fromsocial or environmental threats, and to fulfil the entitlements through facilitation or direct provision. In accordance with article 4 of the Convention, States parties shall fulfil the entitlements contained in children’s right to health to the maximum extent of their available resources and, where needed, within the framework of international cooperation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","A. State parties’ obligations to respect, protect and fulfil"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-15-0072","docId":"crc-c-gc-15","idx":72,"n":72,"text":"All States, regardless of their level of development, are required to take immediate action to implement these obligations as a matter of priority and without discrimination of any kind. Where the available resources are demonstrably inadequate, States are still required to undertake targeted measures to move as expeditiously and effectively as possible towards the full realization of children’s right to health. Irrespective of resources, States have the obligation not to take any retrogressive steps that could hamper the enjoyment of children’s right to health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","A. State parties’ obligations to respect, protect and fulfil"]},{"id":"crc-c-gc-15-0073","docId":"crc-c-gc-15","idx":73,"n":73,"text":"The core obligations, under children’s right to health, include:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","A. State parties’ obligations to respect, protect and fulfil"]},{"id":"crc-c-gc-15-0074","docId":"crc-c-gc-15","idx":74,"n":74,"text":"States should demonstrate their commitment to progressive fulfilment of all obligations under article 24, prioritizing this even in the context of political or economic crisis or emergency situations. This requires that children’s health and related policies, programmes and services be planned, designed, financed and implemented in a sustainable manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","A. State parties’ obligations to respect, protect and fulfil"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0075","docId":"crc-c-gc-15","idx":75,"n":75,"text":"The State is responsible for realizing children’s right to health regardless of whether or not it delegates the provision of services to non-State actors. In addition to the State, a wide range of non-State actors who provide information and services related to children’s health and its underlying determinants have specific responsibilities and impact in this regard.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0076","docId":"crc-c-gc-15","idx":76,"n":76,"text":"States’ obligations include a duty to promote awareness of non-State actors’ responsibilities and to ensure that all non-State actors recognize, respect and fulfil their responsibilities to the child, applying due diligence procedures where necessary.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0077","docId":"crc-c-gc-15","idx":77,"n":77,"text":"The Committee calls on all non-State actors engaged in health promotion and services, especially the private sector, including the pharmaceutical and health-technology industry as well as the mass media and health service providers, to act in compliance with the provisions of the Convention and to ensure compliance by any partners who deliver services on their behalf. Such partners include international organizations, banks, regional financial institutions, global partnerships, the private sector (private foundations and funds), donors and any other entities providing services or financial support to children’s health, particularly in humanitarian emergencies or politically unstable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0078","docId":"crc-c-gc-15","idx":78,"n":78,"text":"The responsibilities of parents and other caregivers are expressly referred to in several provisions of the Convention. Parents should fulfil their responsibilities while always acting in the best interests of the child, if necessary with the support of the State. Taking the child’s evolving capacity into account, parents and caregivers should nurture, protect and support children to grow and develop in a healthy manner. Although not explicit in article 24, paragraph 2(f), the Committee understands any reference to parents to also include other caregivers.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0079","docId":"crc-c-gc-15","idx":79,"n":79,"text":"All health service providers, including non-State actors, must incorporate and apply to the design, implementation and evaluation of their programmes and services all relevant provisions of the Convention, as well as the criteria of availability, accessibility, acceptability and quality, as described in chapter VI, section E, ofthe presentgeneral comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0080","docId":"crc-c-gc-15","idx":80,"n":80,"text":"All business enterprises have an obligation of due diligence with respect to human rights, which include all rights enshrined under the Convention. States should require businesses to undertake children’s rights due diligence. This will ensure that business enterprises identify, prevent and mitigate their negative impact on children’s right to health including across their business relationships and within any global operations. Large business enterprises should be encouraged and, where appropriate, required to make public their efforts to address their impact on children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0081","docId":"crc-c-gc-15","idx":81,"n":81,"text":"Among other responsibilities and in all contexts, private companies should: refrain from engaging children in hazardous labour while ensuring they comply with the minimum age for child labour; comply with the International Code of Marketing of Breast-milk Substitutes and the relevant subsequent World Health Assembly resolutions; limit advertisement of energy-dense, micronutrient-poor foods, and drinks containing high levels of caffeine or other substances potentially harmful to children; and refrain from the advertisement, marketing and sale to children of tobacco, alcohol and other toxic substances or the use of child images.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0082","docId":"crc-c-gc-15","idx":82,"n":82,"text":"The Committee acknowledges the profound impact of the pharmaceutical sector on the health of children and calls on pharmaceutical companies to adopt measures towards enhancing access to medicines for children, paying particular attention to the Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines[[fn:19]]. At the same time, States should ensure that pharmaceutical companies monitor the use, and refrain from promoting excessive prescription and use of, drugs and medicines on children. Intellectual property rights should not be applied in ways that cause necessary medicines or goods to be unaffordable for the poor.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":19,"text":"See also Human Rights Council resolution 15/22 on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health."}],"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0083","docId":"crc-c-gc-15","idx":83,"n":83,"text":"Private health insurance companies should ensure that they do not discriminate against pregnant women, children or mothers on any prohibited grounds and that they promote equality through partnerships with State health insurance schemes based on the principle of solidarity and ensuring that inability to pay does not restrict access to services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0084","docId":"crc-c-gc-15","idx":84,"n":84,"text":"Article 17 of the Convention delineates the responsibilities of mass media organizations. In the context of health, these can be further expanded to include promoting health and healthy lifestyles among children; providing free advertising space for health promotion; ensuring the privacy and confidentiality of children and adolescents; promoting access to information; not producing communication programmes and material that are harmful to child and general health; and not perpetuating health-related stigma.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-c-gc-15-0085","docId":"crc-c-gc-15","idx":85,"n":85,"text":"The Committee underscores the responsibility of entities, including academics, private companiesand others, undertaking research involving children to respect the principles and provisions of the Convention and the International Ethical Guidelines for Biomedical Research Involving Human Subjects.[[fn:20]] The Committee reminds researchers that the best interests of the child shall always prevail over the interest of general society or scientific advancement.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":20,"text":"Council for International Organizations of Medical Sciences/WHO, Geneva, 1993."}],"section":["IV. Obligations and responsibilities","B. Responsibilities of non-State actors"]},{"id":"crc-c-gc-15-0086","docId":"crc-c-gc-15","idx":86,"n":86,"text":"States parties to the Convention have obligations not only to implement children’s right to health within their own jurisdiction, but also to contributeto global implementation through international cooperation. Article 24, paragraph 4, requires States and inter-State agencies to pay particular attention to the children’s health priorities among the poorest parts of the population and in developing States.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. International cooperation"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0087","docId":"crc-c-gc-15","idx":87,"n":87,"text":"The Convention should guide all international activities and programmes of donor and recipient States related directly or indirectly to children’s health. It requires partner States to identify the major health problems affecting children, pregnant women and mothers in recipient countries and to address them in accordance with the priorities and principles established by article 24. International cooperation should support State-led health systems and national health plans.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. International cooperation"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0088","docId":"crc-c-gc-15","idx":88,"n":88,"text":"States have individual and joint responsibility, including through United Nationsmechanisms, to cooperate in providing disaster relief and humanitarian assistance in times of emergency. In these cases, States should consider prioritizing efforts to realize children’s right to health, including through appropriate international medical aid; distribution and management of resources, such as safe and potable water, food and medical supplies; and financial aid to the most vulnerable or marginalized children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. International cooperation"]},{"id":"crc-c-gc-15-0089","docId":"crc-c-gc-15","idx":89,"n":89,"text":"The Committee reminds States to meet the United Nations target of allocating 0.7 per cent of gross national incometo international development assistance, as financialresources have important implications for the realization of children’s right to health in resource-limited States. In order to ensure the highest impact, States and inter-State agencies are encouraged to apply the Paris Principles on Aid Effectiveness and the principles of the Accra Agenda for Action.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. International cooperation"]},{"id":"crc-c-gc-15-0090","docId":"crc-c-gc-15","idx":90,"n":90,"text":"Accountability is at the core of the enjoyment of children’s right to health. The Committee reminds the State party of their obligations to ensure that relevant government authorities and service providers are held accountable for maintaining the highest possible standards of children’s health and health care until they reach 18 years of age.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability"]},{"id":"crc-c-gc-15-0091","docId":"crc-c-gc-15","idx":91,"n":91,"text":"States should provide an environment that facilitates the discharge of all dutybearers’ obligations and responsibilities with respect to children’s right to health and a regulatory framework within which all actors should operate and can be monitored, includingby mobilizing political and financial support for children’s health-related issues and building the capacity of dutybearers to fulfil their obligations and children to claim their right to health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability"]},{"id":"crc-c-gc-15-0092","docId":"crc-c-gc-15","idx":92,"n":92,"text":"With the active engagement of the Government, parliament, communities, civil society and children, national accountability mechanisms must be effective and transparent and aim to hold all actors responsible for their actions. They should, inter alia,devoteattention to the structural factors affecting children’s health including laws, policies and budgets. Participatory tracking of financial resources and their impact on children’s health is essential for State accountability mechanisms.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability"]},{"id":"crc-c-gc-15-0093","docId":"crc-c-gc-15","idx":93,"n":93,"text":"The Committee encourages States to adopt and implement a comprehensive strategy to educate children, their caregivers, policymakers, politicians and professionals working with childrenabout children’s right to health, and the contributions they can make to its realization.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","A. Promoting knowledge of children’s right to health (art. 42)"]},{"id":"crc-c-gc-15-0094","docId":"crc-c-gc-15","idx":94,"n":94,"text":"The Convention requires States parties to adopt all appropriate legislative, administrative and other measures for the implementation of children’s right to health without discrimination. National laws should place a statutory obligation on the State to provide the services, programmes, human resources and infrastructure needed to realize children’s right to health and provide a statutory entitlement to essential, child sensitive, quality health and related services for pregnant women and children irrespective of their ability to pay. Laws should be reviewed to assess any potential discriminatory effect or impediment to realizing children’s right to health and repealed where required. Where necessary, international agencies and donors should provide development aid and technical assistance for such legal reforms.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","B. Legislative measures"]},{"id":"crc-c-gc-15-0095","docId":"crc-c-gc-15","idx":95,"n":95,"text":"Legislation should fulfil a number of additional functions in the realization of children’s right to health by defining the scope of the right and recognizing children as rights-holders; clarifying the roles and responsibilities of all dutybearers; clarifying what services children, pregnant women and mothers are entitled to claim; and regulating services and medications to ensure that they are of good quality and cause no harm. States must ensure that adequate legislative and other safeguards exist to protect and promote the work of human rights defenders working on children’s right to health.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","B. Legislative measures"]},{"id":"crc-c-gc-15-0096","docId":"crc-c-gc-15","idx":96,"n":96,"text":"States are encouraged to ratify and implement international and regional human rights instruments relevant to children’s health and to report on all aspects of children’s health accordingly.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0097","docId":"crc-c-gc-15","idx":97,"n":97,"text":"Sustainability in children’s health policy and practice requires a long-term national plan that is supported and entrenched as a national priority. The Committee recommends that States establish and make use of a comprehensive and cohesive national coordinating framework on children’s health, built upon the principles of the Convention, to facilitate cooperation between government ministries and different levels of government as well as interaction with civil society stakeholders, including children. Given the high number of government agencies, legislative branches and ministries working on children’s health-related policies and services at different levels, the Committee recommends that the roles and responsibilities of each be clarified in the legal and regulatory framework.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0098","docId":"crc-c-gc-15","idx":98,"n":98,"text":"Particular attention must be given to identifying and prioritizing marginalized and disadvantaged groups of children, as well as children who are at risk of any form of violence and discrimination. All activities should be fully costed, financed and made visible within the national budget.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0099","docId":"crc-c-gc-15","idx":99,"n":99,"text":"A “child health in all policies” strategy should be used, highlighting the links between children’s health and its underlying determinants. Every effort should be made to remove bottlenecks that obstruct transparency, coordination, partnership and accountability in the provision of services affecting children’s health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0100","docId":"crc-c-gc-15","idx":100,"n":100,"text":"While decentralization is required to meet the particular needs of localities and sectors, this does not reduce the direct responsibility of the central or national Government to fulfil its obligations to all children within its jurisdiction. Decisions about allocations to the various levels of services and geographical areas should reflect the core elements of the approach to primary health care.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0101","docId":"crc-c-gc-15","idx":101,"n":101,"text":"States should engage all sectors of society, including children, in implementation of children’s right to health. The Committee recommends that such engagementinclude: the creation of conditions conducive to the continual growth, development and sustainability of civil society organizations, including grass-roots and community-level groups; active facilitation of their involvement in the development, implementation and evaluation of children’s health policy and services; and provision of appropriate financial support or assistance in obtaining financial support.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0102","docId":"crc-c-gc-15","idx":102,"n":102,"text":"In children’s health-related issues, parliaments have the responsibility to legislate, ensuring transparency and inclusiveness, and encourage continued public debate and a culture of accountability. They should create a public platform for reporting and debating performance and promoting public participation in independent review mechanisms. They should also hold the executiveaccountable for implementing the recommendations emerging from independent reviews and ensure that the results of the reviews inform subsequent national plans, laws, policies, budgets and further accountability measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0103","docId":"crc-c-gc-15","idx":103,"n":103,"text":"National human rights institutions have an important role to play in reviewing and promoting accountability, providing children with relief for violations of their right to health and advocating systemic change forthe realization of thatright. The Committee recalls its general comment No. 2, and reminds States that the mandate of children’s commissioners or children’s ombudsmen should include ensuring the right to health, and the mandate holdersshould bewell-resourced and[[fn:21]] independent from the Government.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":21,"text":"See general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child, Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex VIII."}],"section":["VI. Framework for implementation and accountability","C. Governance and coordination"]},{"id":"crc-c-gc-15-0104","docId":"crc-c-gc-15","idx":104,"n":104,"text":"In their decisions about budget allocation and spending, States should strive to ensure availability, accessibility, acceptability and quality of essential children’s health services for all, without discrimination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","D. Investing in children’s health"]},{"id":"crc-c-gc-15-0105","docId":"crc-c-gc-15","idx":105,"n":105,"text":"States should continually assess the impact of macroeconomic policy decisions on children’s right to health, particularly children in vulnerable situations, prevent any decisions that may compromise children’s rights, and apply the “best interests” principle when making such decisions. States should also consider obligations under article 24 in all aspects of their negotiations with international financial institutions and other donors, to ensure that children’s right to health is given adequate consideration in international cooperation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","D. Investing in children’s health"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0106","docId":"crc-c-gc-15","idx":106,"n":106,"text":"The Committee recommends that States parties: (a)Legislate for a specific proportion of public expenditure to be allocated to children’s health and create an accompanying mechanism that allows for systematic independent evaluation of this expenditure; (b)Meet World Health Organization-recommended minimum health expenditure per capita and prioritize children’s health in budgetary allocations; (c)Make investment in children visible in the State budget through detailed compilation of resources allocated to them and expended; and (d)Implement rights-based budget monitoring and analysis, as well as child impact assessments on how investments, particularly in the health sector, may serve the best interests of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","D. Investing in children’s health"]},{"id":"crc-c-gc-15-0107","docId":"crc-c-gc-15","idx":107,"n":107,"text":"The Committee underlines the importance of assessment tools in the use of resources and recognizes the need to develop measurable indicators to assist States parties in monitoring and evaluating progress in the implementation of children’s right to health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","D. Investing in children’s health"]},{"id":"crc-c-gc-15-0108","docId":"crc-c-gc-15","idx":108,"n":108,"text":"States parties’ fulfilment of their obligations under article 24 requires engagement in a cyclical process of planning, implementation, monitoring and evaluation to then inform further planning, modified implementation and renewed monitoring and evaluation efforts. States should ensure the meaningful participation of children and incorporate feedback mechanisms to facilitate necessary adjustments throughout the cycle.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0109","docId":"crc-c-gc-15","idx":109,"n":109,"text":"At the heart of the development, implementation and monitoring of policies, programmes and services that aim to realize children’s right to health is the availability of relevant and reliable data. This should include: appropriately disaggregated data across the life course of the child, with due attention to vulnerable groups; data on priority health problems, including new and neglected causes of mortality and morbidity; and data on the key determinants of children’s health. Strategic information requires data collected through routine health information systems, special surveys and research, and should include both quantitative and qualitative data. These data should be collected, analysed, disseminated and used to inform national and subnational policies and programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0110","docId":"crc-c-gc-15","idx":110,"n":110,"text":"The Committee notes that, in order to inform the implementation, monitoring and evaluation of activities to fulfil obligations under article 24, States should carry out situation analyses of existing problems, issues and infrastructure for delivery of services. The analysis should assess the institutional capacity and the availability of human, financial, and technical resources. Based on the outcome of the analysis, a strategy should be developed involving all stakeholders, both State and non-State actors and children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-15-0111","docId":"crc-c-gc-15","idx":111,"n":111,"text":"The situation analysis will provide a clear idea of national and subnational priorities and strategies for their achievement. Benchmarks and targets, budgeted action plans and operational strategies should be established along with a framework for monitoring and evaluating policies, programmes and services and promoting accountability for children’s health. This will highlight how to build and strengthen existing structures and systems to be consonant with the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0112","docId":"crc-c-gc-15","idx":112,"n":112,"text":"States should ensure that all children’s health services and programmes comply with the criteria of availability, accessibility, acceptability and quality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0113","docId":"crc-c-gc-15","idx":113,"n":113,"text":"States should ensure that there are functioning children’s health facilities, goods, services and programmes in sufficient quantity. States need to ensure that they have sufficient hospitals, clinics, health practitioners, mobile teams and facilities, community health workers, equipment and essential drugs to provide health care to all children, pregnant women and mothers within the State. Sufficiency should be measured according to need with particular attention given to under-served and hard to reach populations.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0114","docId":"crc-c-gc-15","idx":114,"n":114,"text":"The element of accessibility has four dimensions: Non-discrimination: Health and related services as well as equipment and supplies must be accessible to all children, pregnant women and mothers, in law and in practice, without discrimination of any kind; Physical accessibility: Health facilities must be within accessible distance for all children, pregnant women and mothers. Physical accessibility may require additional attention to the needs of children and women with disabilities. The Committee encourages States to prioritize the establishment of facilities and services in under-served areas and to invest in mobile outreach approaches, innovative technologies, and well-trained and supported community health workers, as ways of reaching especially vulnerable groups of children; Economic accessibility /affordability: Lack of ability to pay for services, supplies or medicines should not result in the denial of access. The Committee calls on States to abolish user fees and implement health-financing systems that do not discriminate against women and children on the basis of their inability to pay. Risk-pooling mechanisms such as tax and insurance should be implemented on the basis of equitable, means-based contributions;","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0115","docId":"crc-c-gc-15","idx":115,"n":115,"text":"Information accessibility: Information on health promotion, health status and treatment options should be provided to children and their caregivers in a language and format that is accessible and clearly understandable to them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0116","docId":"crc-c-gc-15","idx":116,"n":116,"text":"In the context of children’s right to health, the Committee defines acceptability as the obligation to design and implement all health-related facilities, goods and services in a way that takes full account of and is respectful of medical ethics as well as children’s needs, expectations, cultures, views and languages, paying special attention to certain groups, where necessary.","labels":["Children","Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0117","docId":"crc-c-gc-15","idx":117,"n":117,"text":"Health-related facilities, goods and services should be scientifically and medically appropriate and of good quality. Ensuring quality requires, inter alia, that (a) treatments, interventions and medicines are based on the best available evidence; (b) medical personnel are skilled and provided with adequate training on maternal and children’s health, and the principles and provisions of the Convention; (c) hospital equipment is scientifically approved and appropriate for children; (d) drugs are scientifically approved, have not expired, are child-specific (when necessary) and are monitored for adverse reactions; and (e) regular quality of care assessments of health institutions are conducted.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0118","docId":"crc-c-gc-15","idx":118,"n":118,"text":"A well-structured and appropriately disaggregated set of indicators should be established for monitoring and evaluation to meet the requirements under the performance criteria above. The data should be used to redesign and improve policies, programmes and services in support of fulfilment of children’s right to health. Health information systems should ensure that data should be reliable, transparent, and consistent, while protecting the right to privacy for individuals. States should regularly review their health information system, including vital registration and disease surveillance, with a view to its improvement.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","E. The action cycle"]},{"id":"crc-c-gc-15-0119","docId":"crc-c-gc-15","idx":119,"n":119,"text":"National accountability mechanisms should monitor, review and act on their findings. Monitoring means providing data on the health status of children, regularly reviewing the quality of children’s health services and how much is spent thereon and where, on what and on whom it is spent. This should include both routine monitoring and periodic, in-depth evaluations. Reviewing means analysing the data and consulting children, families, other caregivers and civil society to determine whether children’s health has improved and whether Governments and other actors have fulfilled their commitments. Acting means using evidence emerging from these processes to repeat and expand what is working and to remedy and reform what is not.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","F. Remedies for violations of the right to health"]},{"id":"crc-c-gc-15-0120","docId":"crc-c-gc-15","idx":120,"n":120,"text":"The Committee strongly encourages States to put in place functional and accessible complaints mechanisms for children that are community-based and render it possible for children to seek and obtain reparations when their right to health is violated or at risk. States should also provide for broad rights of legal standing, including class actions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation and accountability","F. Remedies for violations of the right to health"]},{"id":"crc-c-gc-15-0121","docId":"crc-c-gc-15","idx":121,"n":121,"text":"States should ensure and facilitate access to courts for individual children and their caregivers and take steps to remove any barriers to access remedies for violations of children’s right to health. National human rights institutions, children’s ombudspersons, health-related professional associations and consumers’ associations can play an important role in this regard.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VII. Dissemination"]},{"id":"crc-c-gc-16-0001","docId":"crc-c-gc-16","idx":1,"n":1,"text":"The Committee on the Rights of the Child recognizes that the business sector’s impact on children’s rights has grown in past decades because of factors such as the globalized nature of economies and of business operations and the ongoing trends of decentralization, and outsourcing and privatizing of State functions that affect the enjoyment of human rights. Business can be an essential driver for societies and economies to advance in ways that strengthen the realization of children’s rights through, for example, technological advances, investment and the generation of decent work. However, the realization of children’s rights is not an automatic consequence of economic growth and business enterprises can also negatively impact children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0002","docId":"crc-c-gc-16","idx":2,"n":2,"text":"States have obligations regarding the impact of business activities and operations on children’s rights arising from the Convention on the Rights of the Child, the Optional Protocol on the sale of children, child prostitution and child pornography and the Optional Protocol on the involvement of children in armed conflict. These obligations cover a variety of issues, reflecting the fact that children are both rights-holders and stakeholders in business as consumers, legally engaged employees, future employees and business leaders and members of communities and environments in which business operates. The present general comment aims to clarify these obligations and outline the measures that should be undertaken by States to meet them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0003","docId":"crc-c-gc-16","idx":3,"n":3,"text":"For the purposes of the present general comment, the business sector is defined as including all business enterprises, both national and transnational, regardless of size, sector, location, ownership and structure. The general comment also addresses obligations regarding not-for-profit organizations that play a role in the provision of services that are critical to the enjoyment of children’s rights.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0004","docId":"crc-c-gc-16","idx":4,"n":4,"text":"4. It is necessary for States to have adequate legal and institutional frameworks to respect, protect and fulfil children’s rights, and to provide remedies in case of violations in the context of business activities and operations. In this regard, States should take into account that:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0005","docId":"crc-c-gc-16","idx":5,"n":5,"text":"Given the broad range of children’s rights that can be affected by business activities and operations, the present general comment does not examine every pertinent article of the Convention and its protocols. Instead it seeks to provide States with a framework for implementing the Convention as a whole with regard to the business sector whilst focusing on specific contexts where the impact of business activities on children’s rights can be most significant. The present general comment aims to provide States with guidance on how they should:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0006","docId":"crc-c-gc-16","idx":6,"n":6,"text":"The present general comment draws from the experience of the Committee in reviewing State parties’ reports and its day of general discussion on the private sector as service provider in 2002.[[fn:1]] It is also informed by regional and international consultations with numerous stakeholders, including children, as well as by public consultations that have taken place since 2011.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":1,"text":"Committee on the Rights of the Child, report on its thirty-first session, CRC/C/121, annex II."}],"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0007","docId":"crc-c-gc-16","idx":7,"n":7,"text":"The Committee is mindful of the relevance to the general comment of existing and evolving national and international norms, standards and policy guidance on business and human rights. The general comment is consistent with international conventions, including the International Labour Organization (ILO) Conventions No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and No. 138 (1973) concerning Minimum Age for Admission to Employment. The Committee recognizes the relevance of the United Nations “Protect, Respect and Remedy” Framework and the Guiding Principles on Business and Human Rights adopted by the Human Rights Council, and of the ILO Tripartite Declaration of Principles concerning Multinationals and Social Policy. Other documents, such as the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises, the Global Compact, the United Nations Study on Violence against Children and the Children’s Rights and Business Principles have been useful references for the Committee.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0008","docId":"crc-c-gc-16","idx":8,"n":8,"text":"The present general comment principally addresses States’ obligations under the Convention and the Optional Protocols thereto. At this juncture, there is no international legally binding instrument on the business sector’s responsibilities vis-à-vis human rights. However, the Committee recognizes that duties and responsibilities to respect the rights of children extend in practice beyond the State and State-controlled services and institutions and apply to private actors and business enterprises. Therefore, all businesses must meet their responsibilities regarding children’s rights and States must ensure they do so. In addition, business enterprises should not undermine the States’ ability to meet their obligations towards children under the Convention and the Optional Protocols thereto.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction and objectives"]},{"id":"crc-c-gc-16-0009","docId":"crc-c-gc-16","idx":9,"n":9,"text":"The Committee acknowledges that voluntary actions of corporate responsibility by business enterprises, such as social investments, advocacy and public policy engagement, voluntary codes of conduct, philanthropy and other collective actions, can advance children’s rights. States should encourage such voluntary actions and initiatives as a means to create a business culture which respects and supports children’s rights. However, it should be emphasized that such voluntary actions and initiatives are not a substitute for State action and regulation of businesses in line with obligations under the Convention and its protocols or for businesses to comply with their responsibilities to respect children’s rights.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Scope and application"]},{"id":"crc-c-gc-16-0010","docId":"crc-c-gc-16","idx":10,"n":10,"text":"It is important to recall that the Convention and the Optional Protocols thereto engage the State as a whole, regardless of its internal structures, branches or organization. Furthermore, decentralization of power, through devolution and delegation, does not reduce the direct responsibility of the State to meet its obligations to all children within its jurisdiction.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Scope and application"]},{"id":"crc-c-gc-16-0011","docId":"crc-c-gc-16","idx":11,"n":11,"text":"The present general comment first considers the relationship between State obligations regarding business activities and the general principles of the Convention. It then defines the general nature and scope of State obligations with regards to children’s rights and the business sector. An examination follows of the scope of obligations in contexts where the impact of business activities and operations on children’s rights is most significant, including when business enterprises are service providers, children are affected in the informal economy, States engage with international organizations and businesses operate abroad in areas where there is insufficient State protection for children’s rights. The present general comment concludes by outlining a framework for implementation and dissemination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Scope and application"]},{"id":"crc-c-gc-16-0012","docId":"crc-c-gc-16","idx":12,"n":12,"text":"Children’s rights are universal, indivisible, interdependent and interrelated. The Committee has established four general principles within the Convention as the basis for all State decisions and actions relating to business activities and operations in [[fn:2]]conformity with a child rights approach.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":2,"text":"See Committee on the Rights of the Child, general comment No. 13 (2011) on the right of the child to be free from all forms of violence, Official Records of the General Assembly, Sixty-seventh Session, Supplement No. 41 (A/67/41), annex V, para. 59."}],"section":["II. Scope and application"]},{"id":"crc-c-gc-16-0013","docId":"crc-c-gc-16","idx":13,"n":13,"text":"Article 2 of the Convention calls on States to respect and ensure rights to each child in their jurisdiction “without discrimination of any kind, irrespective of a child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status”. States must ensure that all legislation, policies and programmes that deal with business issues are not intentionally or unintentionally discriminatory towards children in their content or implementation; for instance, those that address access to employment for parents or caregivers, or access to goods and services for children with disabilities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-16-0014","docId":"crc-c-gc-16","idx":14,"n":14,"text":"States are required to prevent discrimination in the private sphere in general and provide remedy if it occurs. States should collect statistical data that is appropriately disaggregated and other information to identify discrimination against children in the context of business activities and operations and mechanisms should be established to monitor and investigate discriminatory practices within the business sector. States should also take steps to create a supportive environment for business to respect the right to protection from discrimination by promoting knowledge and understanding of the right within the business sector, including within the media, marketing and advertising sectors. Awareness-raising and sensitization among business enterprises should be aimed at challenging and eradicating discriminatory attitudes towards all children, especially those in vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","A. The right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-16-0015","docId":"crc-c-gc-16","idx":15,"n":15,"text":"Article 3, paragraph 1, of the Convention provides that the best interests of the child shall be a primary consideration for States in all actions concerning children. States are obliged to integrate and apply this principle in all legislative, administrative and judicial proceedings concerning business activities and operations that directly or indirectly impact on children. For example, States must ensure that the best interests of the child are central to the development of legislation and policies that shape business activities and operations, such as those relating to employment, taxation, corruption, privatization, transport and other general economic, trade or financial issues.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","A. The right to non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-16-0016","docId":"crc-c-gc-16","idx":16,"n":16,"text":"Article 3, paragraph 1, is also directly applicable to business enterprises that function as private or public social welfare bodies by providing any form of direct services for children, including care, foster care, health, education and the administration of detention facilities.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","B. The best interests of the child (art. 3, para. 1)"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-16-0017","docId":"crc-c-gc-16","idx":17,"n":17,"text":"The Convention and the Optional Protocols thereto provide the framework for assessing and determining the best interests of the child. The obligation to make the best interests of the child a primary consideration becomes crucial when States are engaged in weighing competing priorities, such as short-term economic considerations and longer-term development decisions. States should be in a position to explain how the right to have the best interests of the child considered has been respected in decision-making, including h[[fn:3]]ow it has been weighed against other considerations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":3,"text":"See General Comment No. 14 (2013) on the right of the child to have his/her best interests taken as a primary consideration: article 3, paragraph 1, of the Convention on the Rights of the Child, forthcoming, para. 6."}],"section":["III. General principles of the Convention as they relate to business activities","B. The best interests of the child (art. 3, para. 1)"]},{"id":"crc-c-gc-16-0018","docId":"crc-c-gc-16","idx":18,"n":18,"text":"Article 6 of the Convention acknowledges that every child has an inherent right to life and that States shall ensure the survival and development of the child. The Committee states its understanding of development of the child in general comment No. 5 (2003) on general measures of implementation of the Convention, as a “holistic concept, embracing the child’s physical, mental, spiritual, moral, psychological and social development[[fn:4]]”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":4,"text":"See Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 41 (A/59/41), annex XI, para. 12."}],"section":["III. General principles of the Convention as they relate to business activities","B. The best interests of the child (art. 3, para. 1)"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-16-0019","docId":"crc-c-gc-16","idx":19,"n":19,"text":"The activities and operations of business enterprises can impact on the realization of article 6 in different ways. For example, environmental degradation and contamination arising from business activities can compromise children’s rights to health, food security and access to safe drinking water and sanitation. Selling or leasing land to investors can deprive local populations of access to natural resources linked to their subsistence and cultural heritage; the rights of indigenous children may be particularly at risk in this context.[[fn:5]] The marketing to children of products such as cigarettes and alcohol as well as foods and drinks high in saturated fats, trans-fatty acids, sugar, salt or additives can have a long-term impact on their health[[fn:6]]. When business employment practices require adults to work long hours, older children, particularly girls, may take on their parent’s domestic and childcare obligations, which can negatively impact their right to education and to play; additionally, leaving children alone or in the care of older siblings can have implications for the quality of care and the health of younger children.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":5,"text":"General comment No. 11 (2009) on indigenous children and their rights under the convention, Official Records of the General Assembly, Sixty-fifth Session, Supplement No. 41 (A/65/41), annex III, para. 35."},{"n":6,"text":"See general comment No. 15 (2013) on the right of the child to the highest attainable standard of health, forthcoming, para. 47."}],"section":["III. General principles of the Convention as they relate to business activities","C. The right to life, survival and development (art. 6)"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-16-0020","docId":"crc-c-gc-16","idx":20,"n":20,"text":"Measures for implementing article 6 with regard to the business sector will need to be adapted according to context and include preventive measures such as effective regulation and monitoring of advertising and marketing industries and the environmental impact of business. In the context of care of children, particularly young children, other measures will be needed for creating an enabling environment for business to respect article 6 through, for example, the introduction of family-friendly workplace policies. Such policies must take account of the impact of working hours of adults on the survival and development of the child at all stages of development and must i[[fn:7]]nclude adequately remunerated parental leave.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":7,"text":"See passim general comment No. 7 (2005) on implementing child rights in early childhood, Official Records of the General Assembly, Sixty-first Session, Supplement No. 41 (A/61/41), annex III."}],"section":["III. General principles of the Convention as they relate to business activities","C. The right to life, survival and development (art. 6)"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-16-0021","docId":"crc-c-gc-16","idx":21,"n":21,"text":"Article 12 of the Convention establishes the right of every child to freely express her or his views, in all matters affecting her or him, and the subsequent right for those views to be given due weight, according to the child’s age and maturity. States should hear children’s views regularly – in line with general comment No. 12[[fn:8]] – when developing national and local-level business-related laws and policies that may affect them. In particular, States should consult with children who face difficulties in making themselves heard, such as the children of minority and indigenous groups, children with disabilities as stated in articles 4, paragraph 3, and 7 of the Convention on the Rights of Persons with Disabilities[[fn:9]], and children in similar situations of vulnerability. Governmental bodies, such as education and labour inspectorates, concerned with regulating and monitoring the activities and operations of business enterprises should ensure that they take into account the views of affected children. States should also hear children when child-rights impact assessments of proposed business-related policy, legislation, regulations, budget or other administrative decisions are undertaken.","labels":["Indigenous peoples","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":8,"text":"General comment No. 12 (2009) on the right of the child to be heard, Official Records of the General Assembly, Sixty-fifth Session, Supplement No. 41 (A/65/41), annex IV."},{"n":9,"text":"General comment No. 9 (2006) on the rights of children with disabilities, Official Records of the General Assembly, Sixty-third Session, Supplement No. 41 (A/63/41), annex III, passim."}],"section":["III. General principles of the Convention as they relate to business activities","C. The right to life, survival and development (art. 6)"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crc-c-gc-16-0022","docId":"crc-c-gc-16","idx":22,"n":22,"text":"Children have a specific right “to be heard in any judicial and administrative proceedings affecting the child” (art. 12, para. 3, of the Convention). This includes judicial proceedings and mechanisms of conciliation and arbitration that concern abuses of children’s rights caused or contributed to by business enterprises. As set out in general comment No. 12, children should be allowed to voluntarily participate in such proceedings and be provided the opportunity to be heard directly or indirectly through the assistance of a representative or appropriate body that has sufficient knowledge and understanding of the various aspects of the decision-making process as well as experience in working with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","D. The right of the child to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-16-0023","docId":"crc-c-gc-16","idx":23,"n":23,"text":"There may be instances when business consults communities that may be affected by a potential business project. In such circumstances, it can be critical for business to seek the views of children and consider them in decisions that affect them. States should provide businesses with specific guidance emphasizing that such processes must be accessible, inclusive and meaningful to children and take into account the evolving capacities of children and their best interests at all times. Participation should be voluntary and occur in a child-friendly environment that challenges and does not reinforce patterns of discrimination against children. Where possible, civil society organizations that are competent in facilitating child participation should be involved.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","D. The right of the child to be heard (art. 12)"]},{"id":"crc-c-gc-16-0024","docId":"crc-c-gc-16","idx":24,"n":24,"text":"The Convention provides for a set of rights for children that impose a particular level of obligations on the State in view of the special status of children; there is a particular gravity to violations of children’s rights because they often have severe and long-lasting impact on child development. Article 4 sets out the obligation for States to undertake all appropriate legislative, administrative and other measures for the implementation of the rights in the Convention and devote the maximum amount of available resources to the realization of economic, social and cultural rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. General principles of the Convention as they relate to business activities","D. The right of the child to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-16-0025","docId":"crc-c-gc-16","idx":25,"n":25,"text":"Under international human rights law there are three types of obligation on States: to respect, to protect and to fulfil [[fn:10]]human rights. They encompass obligations of result and obligations of conduct. States are not relieved of their obligations under the Convention and the Optional Protocols thereto when their functions are delegated or outsourced to a private business or non-profit organization. A State will thereby be in breach of its obligations under the Convention where it fails to respect, protect and fulfil children’s rights in relation to business activities and operations that impact on children. The scope of these duties is explored further below, whilst the required framework for implementation is discussed in chapter VI.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":10,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 13 (1999) on the right to education, Official Records of the Economic and Social Council, 2000, Supplement No. 2 (E/2000/22), annex VI, para. 46."}],"section":["IV. Nature and scope of State obligations","A. General obligations"]},{"id":"crc-c-gc-16-0026","docId":"crc-c-gc-16","idx":26,"n":26,"text":"The obligation to respect means that States should not directly or indirectly facilitate, aid and abet any infringement of children’s rights. Furthermore, States have the obligation to ensure that all actors respect children’s rights, including in the context of business activities and operations. To achieve this, all business-related policy, legislation or administrative acts and decision-making should be transparent, informed and include full and continuous consideration of the impact on the rights of the child.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","A. General obligations"]},{"id":"crc-c-gc-16-0027","docId":"crc-c-gc-16","idx":27,"n":27,"text":"The obligation to respect also implies that a State should not engage in, support or condone abuses of children’s rights when it has a business role itself or conducts business with private enterprises. For example, States must take steps to ensure that public procurement contracts are awarded to bidders that are committed to respecting children’s rights. State agencies and institutions, including security forces, should not collaborate with or condone the infringement of the rights of the child by third parties. Furthermore, States should not invest public finances and other resources in business activities that violate children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","1.The obligation to respect"]},{"id":"crc-c-gc-16-0028","docId":"crc-c-gc-16","idx":28,"n":28,"text":"States have an obligation to protect against infringements of rights guaranteed under the Convention and the Optional Protocols thereto by third parties. This duty is of primary importance when considering States’ obligations with regards to the business sector. It means that States must take all necessary, appropriate and reasonable measures to prevent business enterprises from causing or contributing to abuses of children’s rights. Such measures can encompass the passing of law and regulation, their monitoring and enforcement, and policy adoption that frame how business enterprises can impact on children’s rights. States must investigate, adjudicate and redress violations of children’s rights caused or contributed to by a business enterprise. A State is therefore responsible for infringements of children’s rights caused or contributed to by business enterprises where it has failed to undertake necessary, appropriate and reasonable measures to prevent and remedy such infringements or otherwise collaborated with or tolerated the infringements.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","1.The obligation to respect"]},{"id":"crc-c-gc-16-0029","docId":"crc-c-gc-16","idx":29,"n":29,"text":"The obligation to fulfil requires States to take positive action to facilitate, promote and provide for the enjoyment of children’s rights. This means that States must implement legislative, administrative, budgetary, judicial, promotional and other measures in conformity with article 4 relating to business activities that impact on children’s rights. Such measures should ensure the best environment for full realization of the Convention and the Optional Protocols thereto. To meet this obligation, States should provide stable and predictable legal and regulatory environments which enable business enterprises to respect children’s rights. This includes clear and well-enforced law and standards on labour, employment, health and safety, environment, anti-corruption, land use and taxation that comply with the Convention and the Optional Protocols thereto. It also includes law and policies designed to create equality of opportunity and treatment in employment; measures to promote vocational training and decent work, and to raise living standards; and policies conducive to the promotion of small and medium enterprises. States should put in place measures to promote knowledge and understanding of the Convention and the Optional Protocols thereto within government departments, agencies and other State-based institutions that shape business practices, and foster a culture in business that is respectful of children’s rights.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","2.The obligation to protect"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-16-0030","docId":"crc-c-gc-16","idx":30,"n":30,"text":"States have an obligation to provide effective remedies and reparations for violations of the rights of the child, including by third parties such as business enterprises. The Committee states in its general comment No. 5 that for rights to have meaning, effective remedies must be available to redress violations.[[fn:11]] Several provisions in the Convention call for penalties, compensation, judicial action and measures to promote recovery after harm caused or contributed to by third parties[[fn:12]]. Meeting this obligation entails having in place child-sensitive mechanisms – criminal, civil or administrative – that are known by children and their representatives, that are prompt, genuinely available and accessible and that provide adequate reparation for harm suffered. Agencies with oversight powers relevant to children’s rights, including labour, education and health and safety inspectorates, environmental tribunals, taxation authorities, national human rights institutions and bodies focusing on equality in the business sector can also play a role in the provision of remedies. These agencies can proactively investigate and monitor abuses and may also have regulatory powers allowing them to impose administrative sanctions on businesses which infringe on children’s rights. In all cases, children should have recourse to independent and impartial justice, or judicial review of administrative proceedings.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":11,"text":"General comment No. 5 (2003), para. 24. States should also take into account the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law adopted by General Assembly resolution 60/147 of 2005."},{"n":12,"text":"For example, see Convention on the Rights of the Child, arts. 32, para. 2; 19; and 39."}],"section":["IV. Nature and scope of State obligations","3.The obligation to fulfil"]},{"id":"crc-c-gc-16-0031","docId":"crc-c-gc-16","idx":31,"n":31,"text":"When determining the level or form of reparation, mechanisms should take into account that children can be more vulnerable to the effects of abuse of their rights than adults and that the effects can be irreversible and result in lifelong damage. They should also take into account the evolving nature of children’s development and capacities and reparation should be timely to limit ongoing and future damage to the child or children affected; for example, if children are identified as victims of environmental pollution, immediate steps should be taken by all relevant parties to prevent further damage to the health and development of children and repair any damage done. States should provide medical and psychological assistance, legal support and measures of rehabilitation to children who are victims of abuse and violence caused or contributed to by business actors. They should also guarantee non-recurrence of abuse through, for example, reform of relevant law and policy and their application, including prosecution and sanction of the business actors concerned.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","4.Remedies and reparations"]},{"id":"crc-c-gc-16-0032","docId":"crc-c-gc-16","idx":32,"n":32,"text":"Business activities and operations can impact on a broad range of children’s rights. However, the Committee has identified the following non-exhaustive, specific contexts where the impact of business enterprises can be significant and where States’ legal and institutional frameworks are often insufficient, ineffective or under pressure.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Nature and scope of State obligations","4.Remedies and reparations"]},{"id":"crc-c-gc-16-0033","docId":"crc-c-gc-16","idx":33,"n":33,"text":"Business enterprises and non-profit organizations can play a role in the provision and management of services such as clean water, sanitation, education, transport, health, alternative care, energy, security and detention facilities that are critical to the enjoyment of children’s rights. The Committee does not prescribe the form of delivery of such services but it is important to emphasize that States are not exempted from their obligations under the Convention when they outsource or privatize services that impact on the fulfilment of children’s rights.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts"]},{"id":"crc-c-gc-16-0034","docId":"crc-c-gc-16","idx":34,"n":34,"text":"States must adopt specific measures that take account of the involvement of the private sector in service delivery to ensure the rights enumerated in the Convention are not compromised.[[fn:13]] They have an obligation to set standards in conformity with the Convention and closely monitor them. Inadequate oversight, inspection and monitoring of these bodies can result in serious violations of children’s rights such as violence, exploitation and neglect. They must ensure that such provision does not threaten children’s access to services on the basis of discriminatory criteria, especially under the principle of protection from discrimination, and that, for all service sectors, children have access to an independent monitoring body, complaints mechanisms and, where relevant, to judicial recourse that can provide them with effective remedies in case of violations. The Committee recommends that there should be a permanent monitoring mechanism or process aimed at ensuring that all non-State service providers have in place and apply policies, programmes and procedures which are in compliance with the Convention.[[fn:14]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":13,"text":"See Committee on the Rights of the Child, report on its thirty-first session, CRC/C/121, annex II."},{"n":14,"text":"See general comment No. 5, para. 44."}],"section":["V. State obligations in specific contexts","A. Provision of services for the enjoyment of children’s rights"]},{"id":"crc-c-gc-16-0035","docId":"crc-c-gc-16","idx":35,"n":35,"text":"The informal economy engages an important part of the economically active population in many countries and contributes significantly to gross national product. However, children’s rights can be particularly at risk from business activities that take place outside of the legal and institutional frameworks that regulate and protect rights. For example, products that are manufactured or handled in this context, such as toys, garments or foodstuffs, can be unhealthy and/or unsafe for children. Also, a concentrated number of children are often found in hidden areas of informal work, such as small family enterprises, agricultural and hospitality sectors. Such work frequently involves precarious employment status, low, irregular or no remuneration, health risks, a lack of social security, limited freedom of association and inadequate protection from discrimination and violence or exploitation. It can prevent children from attending school, doing schoolwork and having adequate rest and play, potentially infringing articles 28, 29 and 31 of the Convention. Moreover, parents or caregivers working in the informal economy often have to work long hours to obtain subsistence-level earnings, thus seriously limiting their opportunities to exercise parental responsibilities or care for children in their charge.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","A. Provision of services for the enjoyment of children’s rights"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-16-0036","docId":"crc-c-gc-16","idx":36,"n":36,"text":"States should put in place measures to ensure that business activities take place within appropriate legal and institutional frameworks in all circumstances regardless of size or sector of the economy so that children’s rights can be clearly recognized and protected. Such measures can include: awareness-raising, conducting research and gathering data on the impact of the informal economy upon children’s rights, supporting the creation of decent jobs that provide adequate pay to working parents or caregivers; implementing clear and predictable land-use laws; improving the provision of social protection to low-income families; and supporting informal sector enterprises by providing skills training, registration facilities, effective and flexible credit and banking services, appropriate tax arrangements and access to markets, inter alia.","labels":["Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","B. The informal economy"]},{"id":"crc-c-gc-16-0037","docId":"crc-c-gc-16","idx":37,"n":37,"text":"States must regulate working conditions and ensure safeguards to protect children from economic exploitation and work that is hazardous or interferes with their education or harms their health or physical, mental, spiritual, moral or social development. Such work is often found, albeit not exclusively, within the informal and family economies. Therefore, States are required to design and implement programmes aimed at reaching businesses in these contexts, including by enforcing international standards regarding legal minimum age for work and appropriate conditions of work, investing in education and vocational training and providing support for the satisfactory transition of children to the world of work. States should ensure that social and child protection policies reach all, especially families in the informal economy.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","B. The informal economy"]},{"id":"crc-c-gc-16-0038","docId":"crc-c-gc-16","idx":38,"n":38,"text":"Business enterprises increasingly operate on a global scale through complex networks of subsidiaries, contractors, suppliers and joint ventures. Their impact on children’s rights, whether positive or negative, is rarely the result of the action or omission of a single business unit, whether it is the parent company, subsidiary, contractor, supplier or others. Instead, it may involve a link or participation between businesses units located in different jurisdictions. For example, suppliers may be involved in the use of child labour, subsidiaries may be engaged in land dispossession and contractors or licensees may be involved in the marketing of goods and services that are harmful to children. There are particular difficulties for States in discharging their obligations to respect, protect and fulfil the rights of the child in this context owing, among other reasons, to the fact that business enterprises are often legally separate entities located in different jurisdictions even when they operate as an economic unit which has its centre of activity, registration and/or domicile in one country (the home State) and is operational in another (the host State).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","B. The informal economy"]},{"id":"crc-c-gc-16-0039","docId":"crc-c-gc-16","idx":39,"n":39,"text":"Under the Convention, States have the obligation to respect and ensure children’s rights within their jurisdiction. The Convention does not limit a State’s jurisdiction to “territory”. In accordance with international law, the Committee has previously urged States to protect the rights of children who may be beyond their territorial borders. It has also emphasized that State obligations under the Convention and the Optional Protocols thereto apply to each child within a State’s territory and to all children subject to a State’s jurisdiction[[fn:15]].","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":15,"text":"General comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, Official Records of the General Assembly, Sixty-first Session, Supplement No. 41 (A/61/41), annex II, para. 12."}],"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0040","docId":"crc-c-gc-16","idx":40,"n":40,"text":"Extraterritorial obligations are also explicitly referred to in the Optional Protocol on the sale of children, child prostitution and child pornography. Article 3, paragraph 1, provides that each State shall ensure that, as a minimum, offences under it are fully covered by its criminal or penal law, whether such offences are committed domestically or transnationally. Under article 3, paragraph 4, of Optional Protocol on the sale of children, child prostitution and child pornography, liability for these offences, whether criminal, civil or administrative, should be established for legal persons, including business enterprises. This approach is consistent with other human rights treaties and instruments that impose obligations on States to establish criminal jurisdiction over nationals in relation to areas such as complicity in torture, enforced disappearance and apartheid, no matter where the abuse and the act constituting complicity is committed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"],"citedArticles":[{"article":"3","paragraph":"1","treaty":"CRC-OPSC","confidence":"high","source":"sonnet","rationale":"Text explicitly reads 'Article 3, paragraph 1, provides that each State shall ensure that, as a minimum, offences under it are fully covered…' referring to the Optional Protocol on the sale of children (CRC-OPSC). The paragraph then cites 'article 3, paragraph 4, of Optional Protocol on the sale of children'. Both regex_refs map to CRC art. 3 by default, but textual evidence is unambiguous that these are CRC-OPSC art. 3 references."},{"article":"3","paragraph":"4","treaty":"CRC-OPSC","confidence":"high","source":"sonnet","rationale":"Explicitly 'article 3, paragraph 4, of Optional Protocol on the sale of children, child prostitution and child pornography' — CRC-OPSC art. 3(4)."}]},{"id":"crc-c-gc-16-0041","docId":"crc-c-gc-16","idx":41,"n":41,"text":"States have obligations to engage in international cooperation for the realization of children’s rights beyond their territorial boundaries. The preamble and the provisions of the Convention consistently refer to the “importance of international cooperation for improving the living conditions of children in every country, in particular in the developing countries”[[fn:16]]. General comment No. 5 emphasizes that “implementation of the Convention is a cooperative exercise for the States of the world[[fn:17]]”. As such, the full realization of children’s rights under the Convention is in part a function of how States interact. Furthermore, the Committee highlights that the Convention has been nearly universally ratified; thus realization of its provisions should be of major and equal concern to both host and home States of business enterprises.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":16,"text":"See Convention on the Rights of the Child, arts. 4; 24, para. 4; 28, para. 3; 17 and 22, para. 2; as well as Optional Protocol on the sale of children, child prostitution and child pornography, art. 10, and Optional Protocol on the involvement of children in armed conflict, art. 10."},{"n":17,"text":"General comment No. 5, para. 60."}],"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0042","docId":"crc-c-gc-16","idx":42,"n":42,"text":"Host States have the primary responsibility to respect, protect and fulfil children’s rights in their jurisdiction. They must ensure that all business enterprises, including transnational corporations operating within their borders, are adequately regulated within a legal and institutional framework that ensures that they do not adversely impact on the rights of the child and/or aid and abet violations in foreign jurisdictions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0043","docId":"crc-c-gc-16","idx":43,"n":43,"text":"Home States also have obligations, arising under the Convention and the Optional Protocols thereto, to respect, protect and fulfil children’s rights in the context of businesses’ extraterritorial activities and operations, provided that there is a reasonable link between the State and the conduct concerned. A reasonable link exists when a business enterprise has its centre of activity, is registered or domiciled or has its main place of business or substantial business activities in the State concerned.[[fn:18]] When adopting measures to meet this obligation, States must not violate the Charter of the United Nations and general international law nor diminish the obligations of the host State under the Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":18,"text":"See Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights, principle 25 (2012)."}],"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0044","docId":"crc-c-gc-16","idx":44,"n":44,"text":"States should enable access to effective judicial and non-judicial mechanisms to provide remedy for children and their families whose rights have been violated by business enterprises extraterritorially when there is a reasonable link between the State and the conduct concerned. Furthermore, States should provide international assistance and cooperation with investigations and enforcement of proceedings in other States.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0045","docId":"crc-c-gc-16","idx":45,"n":45,"text":"Measures to prevent the infringement of children’s rights by business enterprises when they are operating abroad include:","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0046","docId":"crc-c-gc-16","idx":46,"n":46,"text":"Both home and host States should establish institutional and legal frameworks that enable businesses to respect children’s rights across their global operations. Home States should ensure that there are effective mechanisms in place so that the government agencies and institutions with responsibility for implementation of the Convention and the Optional Protocols thereto coordinate effectively with those responsible for trade and investment abroad. They should also build capacity so that development assistance agencies and overseas missions that are responsible for promoting trade can integrate business issues into bilateral human rights dialogues, including children’s rights, with foreign Governments. States that adhere to the OECD Guidelines for Multinational Enterprises should support their national contact points in providing mediation and conciliation for matters that arise extraterritorially by ensuring that they are adequately resourced, independent and mandated to work to ensure respect for children’s rights in the context of business issues. Recommendations issued by bodies such as the OECD national contact points should be given adequate effect.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0047","docId":"crc-c-gc-16","idx":47,"n":47,"text":"All States are called upon, under article 4 of the Convention, to cooperate directly in the realization of the rights in the Convention through international cooperation and through their membership in international organizations. In the context of business activities, these international organizations include international development, finance and trade institutions, such as the World Bank Group, the International Monetary Fund and the World Trade Organization, and others of a regional scope, in which States act collectively. States must comply with their obligations under the Convention and the Optional Protocols thereto when acting as members of such organizations and they should not accept loans from international organizations, or agree to conditions set forth by such organizations, if these loans or policies are likely to result in violations of the rights of children. States also retain their obligations in the field of development cooperation and should ensure that cooperation policies and programmes are designed and implemented in compliance with the Convention and the Optional Protocols thereto.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-16-0048","docId":"crc-c-gc-16","idx":48,"n":48,"text":"A State engaged with international development, finance and trade organizations must take all reasonable actions and measures to ensure that such organizations act in accordance with the Convention and the Optional Protocols thereto in their decision-making and operations, as well as when entering into agreements or establishing guidelines relevant to the business sector. Such actions and measures should go beyond the eradication of child labour and include the full realization of all children’s rights. International organizations should have standards and procedures to assess the risk of harm to children in conjunction with new projects and to take measures to mitigate risks of such harm. These organizations should put in place procedures and mechanisms to identify, address and remedy violations of children’s rights in accordance with existing international standards, including when they are committed by or result from activities of businesses linked to or funded by them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","C. Children’s rights and global operations of business"]},{"id":"crc-c-gc-16-0049","docId":"crc-c-gc-16","idx":49,"n":49,"text":"There are particular challenges for both host and home States in meeting their obligations to respect, protect and fulfil the rights of the child when businesses are operating in situations where protection institutions do not work properly because of conflict, disaster or the breakdown of social or legal order. It is important to emphasize that the Convention and the Optional Protocols thereto apply at all times and that there are no provisions allowing for derogation of their provisions during emergencies.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","D. International organizations"]},{"id":"crc-c-gc-16-0050","docId":"crc-c-gc-16","idx":50,"n":50,"text":"In such contexts, there may be a greater risk of child labour being used by business enterprises ¬(including within supply chains and subsidiaries), of child soldiers being used or of corruption and tax evasion occurring. Given the heightened risks, home States should require business enterprises operating in situations of emergency and conflict to undertake stringent child-rights due diligence tailored to their size and activities. Home States should also develop and implement laws and regulations that address specific foreseeable risks to children’s rights from business enterprises that are operating transnationally. This can include a requirement to publish actions taken to ensure that companies’ operations do not contribute to serious violations of children’s rights, and a prohibition on the sale or transfer of arms and other forms of military assistance when the final destination is a country in which children are known to be, or may potentially be, recruited or used in hostilities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","D. International organizations"]},{"id":"crc-c-gc-16-0051","docId":"crc-c-gc-16","idx":51,"n":51,"text":"A home State should provide businesses with current, accurate and comprehensive information of the local children’s rights context when they are operating or planning to operate in areas affected by conflict or emergency. Such guidance should emphasize that companies have identical responsibilities to respect children’s rights in such settings as they do elsewhere. Children can be affected by violence, including sexual abuse or exploitation, child trafficking and gender-based violence in conflict zones and this must be recognized by States when providing guidance to businesses.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","E. Emergencies and conflict situations"]},{"id":"crc-c-gc-16-0052","docId":"crc-c-gc-16","idx":52,"n":52,"text":"The obligations of host and home States under the relevant provisions of the Convention should be emphasized when business is operating in areas affected by conflict: Article 38 requires respect for the rules of international humanitarian law, article 39 obliges States to provide appropriate psychological recovery and social reintegration and the Optional Protocol on the involvement of children in armed conflict contains provisions regarding recruitment of children into armed forces under 18 years of age. When operating in areas affected by conflict, business enterprises may employ private security companies and may risk being involved in violations such as exploitation and/or use of violence against children in the course of protecting facilities or other operations. To prevent this, both home and host States should introduce and implement national legislation that includes a specific prohibition on such companies recruiting children or using them in hostilities; requirements for effective measures to protect children from violence and exploitation; and mechanisms for holding personnel accountable for abuses of children’s rights.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","E. Emergencies and conflict situations"],"citedArticles":[{"article":"38","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 38 of CRC — respect for rules of international humanitarian law. Home treaty CRC; text explicitly labels each article."},{"article":"39","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 39 of CRC — psychological recovery and social reintegration. Home treaty CRC."}]},{"id":"crc-c-gc-16-0053","docId":"crc-c-gc-16","idx":53,"n":53,"text":"Legislation and regulation are essential instruments for ensuring that the activities and operations of business enterprises do not adversely impact on or violate the rights of the child. States should enact legislation that gives effect to the rights of the child by third parties and provides a clear and predictable legal and regulatory environment which enables business enterprises to respect children’s rights. To meet their obligation to adopt appropriate and reasonable legislative and regulatory measures to ensure that business enterprises do not infringe on children’s rights, States will need to gather data, evidence and research for identifying specific business sectors of concern.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","E. Emergencies and conflict situations"]},{"id":"crc-c-gc-16-0054","docId":"crc-c-gc-16","idx":54,"n":54,"text":"In conformity with article 18, paragraph 3, of the Convention, States should create employment conditions within business enterprises which assist working parents and caregivers in fulfilling their responsibilities to children in their care such as: the introduction of family-friendly workplace policies, including parental leave; support and facilitate breastfeeding; access to quality childcare services; payment of wages sufficient for an adequate standard of living; protection from discrimination and violence in the workplace; and, security and safety in the workplace.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. State obligations in specific contexts","E. Emergencies and conflict situations"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-16-0055","docId":"crc-c-gc-16","idx":55,"n":55,"text":"Ineffective taxation systems, corruption and mismanagement of government revenues from, among others, State-owned businesses and corporate taxation, can limit the resources available for the fulfilment of children’s rights in accordance with article 4 of the Convention. In addition to any existing obligations under anti-bribery and anti-corruption instruments,[[fn:19]] States should develop and implement effective laws and regulations to obtain and manage revenue flows from all sources, ensuring transparency, accountability and equity.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":19,"text":"Such as the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and/or the United Nations Convention Against Corruption."}],"section":["VI. Framework for implementation","1.Legislation and regulation"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-16-0056","docId":"crc-c-gc-16","idx":56,"n":56,"text":"States should implement article 32 of the Convention to ensure the prohibition of economic exploitation and hazardous work for children. Some children are above the minimum working age, in line with international standards, and therefore can be legitimately working as employees, while still needing to be protected, for instance, from work that is hazardous to their health, safety or moral development and ensuring that their rights to education, development and recreation are promoted and protected.[[fn:20]] States must set a minimum age for employment; appropriately regulate working hours and conditions; and establish penalties to effectively enforce article 32. They must have functioning labour inspection and enforcement systems and capacities in place. States should also ratify and enact into domestic law both of the fundamental ILO conventions relating to child labour[[fn:21]]. Under article 39, States must take all appropriate measures to promote the physical and psychological recovery and social reintegration of a child who has experienced any form of violence, neglect, exploitation, or abuse, including economic exploitation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":20,"text":"See general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts (art. 31), forthcoming."},{"n":21,"text":"ILO Conventions Nos. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and 138 (1973) concerning Minimum Age for Admission to Employment."}],"section":["VI. Framework for implementation","1.Legislation and regulation"],"citedArticles":[{"treaty":"CRC","article":"32","source":"regex"},{"treaty":"CRC","article":"32","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-c-gc-16-0057","docId":"crc-c-gc-16","idx":57,"n":57,"text":"States are also required to implement and enforce internationally agreed standards concerning children’s rights, health and business, including the World Health Organization Framework Convention on Tobacco Control, and the International Code of Marketing of Breast-milk Substitutes and relevant subsequent World Health Assembly resolutions. The Committee is aware that the activities and operations of the pharmaceutical sector can have a profound impact on the health of children. Pharmaceutical companies should be encouraged to improve the access, availability, acceptability and quality of medicines for children taking into consideration existing guidance[[fn:22]]. Furthermore, intellectual property rights should be applied in ways that promote the affordability of medicines.[[fn:23]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":22,"text":"Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines; Human Rights Council resolution 15/22."},{"n":23,"text":"See general comment No. 15, para. 82; World Trade Organization, Declaration on the TRIPS Agreement and Public Health, WT/MIN(01)/DEC/2."}],"section":["VI. Framework for implementation","1.Legislation and regulation"]},{"id":"crc-c-gc-16-0058","docId":"crc-c-gc-16","idx":58,"n":58,"text":"The mass media industry, including advertising and marketing industries, can have positive as well as negative impacts on children’s rights. Under article 17 of the Convention, States have obligations to encourage the mass media, including private media, to disseminate information and materials of social and cultural benefit to the child, for example regarding healthy lifestyles. The media must be regulated appropriately to protect children from harmful information, especially pornographic materials and materials that portray or reinforce violence, discrimination and sexualized images of children, while recognizing children's right to information and freedom of expression. States should encourage the mass media to develop guidelines to ensure full respect for the rights of the child, including their protection from violence and from portrayals that perpetuate discrimination, in all media coverage. States should establish copyright exceptions which permit the reproduction of books and other printed publications in formats that are accessible for children with visual or other impairments.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","1.Legislation and regulation"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-c-gc-16-0059","docId":"crc-c-gc-16","idx":59,"n":59,"text":"Children may regard marketing and advertisements that are transmitted through the media as truthful and unbiased and consequently can consume and use products that are harmful. Advertising and marketing can also have a powerful influence over children’s self-esteem, for example when portraying unrealistic body images. States should ensure that marketing and advertising do not have adverse impacts on children’s rights by adopting appropriate regulation and encouraging business enterprises to adhere to codes of conduct and use clear and accurate product labelling and information that allow parents and children to make informed consumer decisions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","1.Legislation and regulation"]},{"id":"crc-c-gc-16-0060","docId":"crc-c-gc-16","idx":60,"n":60,"text":"Digital media is of particular concern, as many children can be users of the Internet but also become victims of violence such as cyber-bullying, cyber-grooming, trafficking or sexual abuse and exploitation through the Internet. Although companies may not be directly involved in such criminal acts, they can be complicit in these violations through their actions; for example, child sex tourism can be facilitated by travel agencies operating on the Internet, as they enable the exchange of information and the planning of sex tourism activities. Child pornography can be indirectly facilitated by Internet businesses and credit-card providers. As well as meeting their obligations under the Optional Protocol on the sale of children, child prostitution and child pornography, States should provide children with age-appropriate information regarding web-related safety so they can manage the risks and know where to go for help. They should coordinate with the information and communication technology industry so that it develops and puts in place adequate measures to protect children from violent and inappropriate material.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","1.Legislation and regulation"]},{"id":"crc-c-gc-16-0061","docId":"crc-c-gc-16","idx":61,"n":61,"text":"Generally, it is the lack of implementation or the poor enforcement of laws regulating business that pose the most critical problems for children. There are a number of measures States should employ to ensure effective implementation and enforcement, including:","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","1.Legislation and regulation"]},{"id":"crc-c-gc-16-0062","docId":"crc-c-gc-16","idx":62,"n":62,"text":"To meet their obligation to adopt measures to ensure that business enterprises respect children’s rights, States should require businesses to undertake child-rights due diligence. This will ensure that business enterprises identify, prevent and mitigate their impact on children's rights including across their business relationships and within global operations[[fn:24]]. Where there is a high risk of business enterprises being involved in violations of children’s rights because of the nature of their operations or their operating contexts, States should require a stricter process of due diligence and an effective monitoring system.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":24,"text":"See UNICEF, Save the Children and Global Compact, Children’s Rights and Business Principles (2011)."}],"section":["VI. Framework for implementation","1.Legislation and regulation"]},{"id":"crc-c-gc-16-0063","docId":"crc-c-gc-16","idx":63,"n":63,"text":"Where child-rights due diligence is subsumed within a more general process of human-rights due diligence, it is imperative that the provisions of the Convention and the Optional Protocols thereto influence decisions. Any plan of action and measures to prevent and/or remedy human rights abuses must have special consideration for the differentiated impact on children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","2.Enforcement measures"]},{"id":"crc-c-gc-16-0064","docId":"crc-c-gc-16","idx":64,"n":64,"text":"States should lead by example, requiring all State-owned enterprises to undertake child-rights due diligence and to publicly communicate their reports on their impact on children’s rights, including regular reporting. States should make public support and services, such as those provided by an export credit agency, development finance and investment insurance conditional on businesses carrying out child-rights due diligence.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Children’s rights and due diligence by business enterprises"]},{"id":"crc-c-gc-16-0065","docId":"crc-c-gc-16","idx":65,"n":65,"text":"As part of child-rights due diligence, large business enterprises should be encouraged and, where appropriate, required to make public their efforts to address child-rights impacts. Such communication should be available, efficient and comparable across enterprises and address measures taken by business to mitigate potential and actual adverse impacts for children caused by their activities. Business enterprises should be required to publish the actions taken to ensure that the goods and services they produce or commercialize do not involve serious violations of children’s rights, such as slavery or forced labour. Where reporting is mandatory, States should put in place verification and enforcement mechanisms to ensure compliance. States may support reporting by creating instruments to benchmark and recognize good performance with regard to children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Children’s rights and due diligence by business enterprises"]},{"id":"crc-c-gc-16-0066","docId":"crc-c-gc-16","idx":66,"n":66,"text":"Children often find it difficult to access the justice system to seek effective remedies for abuse or violations of their rights when business enterprises are involved. Children may lack legal standing, which prevents them from pursuing a claim; children and their families often lack knowledge about their rights and the mechanisms and procedures available to them to seek redress or may lack confidence in the justice system. States may not always investigate breaches of criminal, civil or administrative laws committed by business enterprises. There are vast power imbalances between children and business and, often, prohibitive costs involved in litigation against companies as well as difficulties in securing legal representation. Cases involving business are frequently settled out of court and in the absence of a body of developed case law; children and their families in jurisdictions where judicial precedent is persuasive may be more likely to abandon undertaking litigation given uncertainty surrounding the outcome.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Children’s rights and due diligence by business enterprises"]},{"id":"crc-c-gc-16-0067","docId":"crc-c-gc-16","idx":67,"n":67,"text":"There are particular difficulties in obtaining remedy for abuses that occur in the context of businesses’ global operations. Subsidiaries or others may lack insurance or have limited liability; the way in which transnational corporations are structured in separate entities can make identification and attribution of legal responsibility to each unit challenging; access to information and evidence located in different countries can be problematic when building and defending a claim; legal aid may be difficult to obtain in foreign jurisdictions and various legal and procedural hurdles can be used to defeat extraterritorial claims.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Children’s rights and due diligence by business enterprises"]},{"id":"crc-c-gc-16-0068","docId":"crc-c-gc-16","idx":68,"n":68,"text":"States should focus their attention on removing social, economic and juridical barriers so that children can in practice have access to effective judicial mechanisms without discrimination of any kind. Children and their representatives should be provided with information about remedies through, for example, the school curriculum, youth centres or community-based programmes. They should be allowed to initiate proceedings in their own right and have access to legal aid and the support of lawyers and legal aid providers in bringing cases against business enterprises to ensure equality of arms. States that do not already have provision for collective complaints, such as class actions and public interest litigation, should introduce these as a means of increasing accessibility to the courts for large numbers of children similarly affected by business actions. States may have to provide special assistance to children who face obstacles to accessing justice, for example, because of language or disability or because they are very young.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0069","docId":"crc-c-gc-16","idx":69,"n":69,"text":"Age should not be a barrier to a child’s right to participate fully in the justice process. Likewise, special arrangements should be developed for child victims and witnesses in both civil and criminal proceedings, in line with the Committee’s general comment No. 12. Furthermore, States should implement the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime.[[fn:25]] Confidentiality and privacy must be respected and children should be kept informed of progress at all stages of the process, giving due weight to the child’s maturity and any speech, language or communication difficulties they might have.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":25,"text":"Adopted by the Economic and Social Council in its resolution 2005/20."}],"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0070","docId":"crc-c-gc-16","idx":70,"n":70,"text":"The Optional Protocol on the sale of children, child prostitution and child pornography requires that States enact criminal legislation that also applies to legal entities, including business enterprises. States should consider the adoption of criminal legal liability – or another form of legal liability of equal deterrent effect – for legal entities, including business enterprises, in cases concerning serious violations of the rights of the child, such as forced labour. National tribunals should have jurisdiction over these serious violations, in accordance with accepted rules of jurisdiction.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0071","docId":"crc-c-gc-16","idx":71,"n":71,"text":"Non-judicial mechanisms, such as mediation, conciliation and arbitration, can be useful alternatives for resolving disputes concerning children and enterprises. They must be available without prejudice to the right to judicial remedy. Such mechanisms can play an important role alongside judicial processes, provided they are in conformity with the Convention and the Optional Protocols thereto and with international principles and standards of effectiveness, promptness and due process and fairness. Grievance mechanisms established by business enterprises can provide flexible and timely solutions and at times it may be in a child’s best interests for concerns raised about a company’s conduct to be resolved through them. These mechanisms should follow criteria that include: accessibility, legitimacy, predictability, equitability, rights compatibility, transparency, continuous learning and dialogue[[fn:26]]. In all cases, access to courts or judicial review of administrative remedies and other procedures should be available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":26,"text":"Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, A/HRC/17/31, guiding principle 31."}],"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0072","docId":"crc-c-gc-16","idx":72,"n":72,"text":"States should make every effort to facilitate access to international and regional human rights mechanisms, including the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, so that an individual child or a group of children, or others acting on his/her/their behalf, are able to obtain remedy for State failure to adequately respect, protect and fulfil children’s rights in relation to business activities and operations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0073","docId":"crc-c-gc-16","idx":73,"n":73,"text":"States should encourage a business culture that understands and fully respects children’s rights. To this end, States should include the issue of children’s rights and business in the overall context of the national policy framework for implementation of the Convention. They should develop guidance that explicitly sets out government expectations for business enterprises to respect children’s rights in the context of its own business activities, as well as within business relationships linked to operations, products or services and activities abroad when they operate transnationally. This should include the implementation of zero-tolerance policies for violence in all business activities and operations. As required, States should signpost and encourage adherence to relevant corporate responsibility initiatives.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0074","docId":"crc-c-gc-16","idx":74,"n":74,"text":"In many contexts, small and medium-sized enterprises represent a large part of the economy and it is particularly important that States provide them with readily available tailored guidance and support on how to respect children’s rights and comply with national legislation while avoiding unnecessary administrative burdens. States should also encourage larger companies to use their influence over small and medium-sized enterprises to strengthen children’s rights throughout their value chains.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","B. Remedial measures"]},{"id":"crc-c-gc-16-0075","docId":"crc-c-gc-16","idx":75,"n":75,"text":"Full implementation of the Convention and the Optional Protocols thereto requires effective cross-sectoral coordination, among government agencies and departments and across different levels of government, from local to regional and central.[[fn:27]] Typically, the departments and agencies directly involved with business policies and practices work separately from departments and agencies with direct responsibility for children’s rights. States must ensure that governmental bodies, as well as parliamentarians, that shape business law and practices are aware of the State’s obligations with regard to children’s rights. They may require relevant information, training and support so that they are equipped to ensure full compliance with the Convention when developing law and policy and entering into economic, trade and investment agreements. National human rights institutions can play an important role as catalysts for linking different governmental departments concerned with children’s rights and with business.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":27,"text":"General comment No. 5, para. 37."}],"section":["VI. Framework for implementation","C. Policy measures"]},{"id":"crc-c-gc-16-0076","docId":"crc-c-gc-16","idx":76,"n":76,"text":"States have an obligation to monitor violations of the Convention and the Optional Protocols thereto committed or contributed to by business enterprises, including in their global operations. This can be achieved, for instance, through: gathering data that can be used to identify problems and inform policy; investigating abuses; collaborating with civil society and national human rights institutions; and making business accountable publicly by using business reporting on their impact on children’s rights to assess their performance. In particular, national human rights institutions can be involved, for example in receiving, investigating and mediating complaints of violations; conducting public inquiries into large-scale abuses, mediating in conflict situations and undertaking legislative reviews to ensure compliance with the Convention. Where necessary, States should broaden the legislative mandate of national human rights institutions to accommodate children’s rights and business.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","C. Policy measures"]},{"id":"crc-c-gc-16-0077","docId":"crc-c-gc-16","idx":77,"n":77,"text":"When States develop national strategies and plans of action for implementation of the Convention and the Optional Protocols thereto, they should include explicit reference to the measures required to respect, protect and fulfil children’s rights in the actions and operations of business enterprises. States should also ensure that they monitor progress in implementation of the Convention in the activities and operations of business. This can be achieved both internally through the use of child rights impact assessments and evaluations, as well as through collaboration with other bodies such as parliamentary committees, civil society organizations, professional associations and national human rights institutions. Monitoring should include asking children directly for their views on the impact of business on their rights. Different mechanisms for consultation can be used, such as youth councils and parliaments, social media, school councils and associations of children.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","1.Coordination"]},{"id":"crc-c-gc-16-0078","docId":"crc-c-gc-16","idx":78,"n":78,"text":"Ensuring that the best interests of the child are a primary consideration in business-related legislation and policy development and delivery at all levels of government demands continuous child-rights impact assessments. These can predict the impact of any proposed business-related policy, legislation, regulations, budget or other administrative decisions which affect children and the enjoyment of their rights[[fn:28]] and should complement ongoing monitoring and evaluation of the impact of laws, policies and programmes on children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":28,"text":"General comment No. 5, para. 45."}],"section":["VI. Framework for implementation","2.Monitoring"]},{"id":"crc-c-gc-16-0079","docId":"crc-c-gc-16","idx":79,"n":79,"text":"Different methodologies and practices may be developed when undertaking child-rights impact assessments. At a minimum they must use the framework of the Convention and the Optional Protocols thereto, as well as relevant concluding observations and general comments issued by the Committee. When States conduct broader impact assessments of business-related policy, legislation or administrative practices, they should ensure that these assessments are underpinned by the general principles of the Convention and the Optional Protocols thereto and have special regard for the differentiated impact on children of the measures under consideration.[[fn:29]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":29,"text":"General comment No. 14, para. 99."}],"section":["VI. Framework for implementation","2.Monitoring"]},{"id":"crc-c-gc-16-0080","docId":"crc-c-gc-16","idx":80,"n":80,"text":"Child-rights impact assessments can be used to consider the impact on all children affected by the activities of a particular business or sector but can also include assessment of the differential impact of measures on certain categories of children. The assessment of the impact itself may be based upon input from children, civil society and experts, as well as from relevant government departments, academic research and experiences documented in the country or elsewhere. The analysis should result in recommendations for amendments, alternatives and improvements and be publicly available.[[fn:30]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":30,"text":"Ibid."}],"section":["VI. Framework for implementation","3.Child-rights impact assessments"]},{"id":"crc-c-gc-16-0081","docId":"crc-c-gc-16","idx":81,"n":81,"text":"To ensure an impartial and independent process, the State may consider appointing an external actor to lead the assessment process. This can have significant advantages, but the State, as the party ultimately responsible for the result, must ensure that the actor undertaking the assessment is competent, honest and impartial.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Child-rights impact assessments"]},{"id":"crc-c-gc-16-0082","docId":"crc-c-gc-16","idx":82,"n":82,"text":"While it is the State that takes on obligations under the Convention, the task of implementation needs to engage all sectors of society, including business, civil society and children themselves. The Committee recommends that States adopt and implement a comprehensive strategy to inform and educate all children, parents and caregivers that business has a responsibility to respect children’s rights wherever they operate, including through child-friendly and age-appropriate communications, for example through the provision of education about financial awareness. Education, training and awareness-raising about the Convention should also be targeted at business enterprises to emphasize the status of the child as a holder of human rights, encourage active respect for all of the Convention’s provisions and challenge and eradicate discriminatory attitudes towards all children and especially those in vulnerable and disadvantaged situations. In this context, the media should be encouraged to provide children with information about their rights in relation to business and raise awareness among businesses of their responsibility to respect children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Child-rights impact assessments"]},{"id":"crc-c-gc-16-0083","docId":"crc-c-gc-16","idx":83,"n":83,"text":"The Committee highlights that national human rights institutions can be involved in raising awareness of the Convention’s provisions amongst business enterprises, for instance by developing good practice guidance and policies for businesses and disseminating them.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","3.Child-rights impact assessments"]},{"id":"crc-c-gc-16-0084","docId":"crc-c-gc-16","idx":84,"n":84,"text":"Civil society has a critical role in the independent promotion and protection of children’s rights in the context of business operations. This includes monitoring and holding business accountable; supporting children to have access to justice and remedies; contributing to child-rights impact assessments; and raising awareness amongst businesses of their responsibility to respect children’s rights. States should ensure conditions for an active and vigilant civil society, including effective collaboration with and support to independent civil society organizations, child and youth-led organizations, academia, chambers of commerce and industry, trade unions, consumer associations and professional institutions. States should refrain from interfering with these and other independent organizations and facilitate their involvement in public policy and programmes relating to children’s rights and business.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","E. Collaborative and awareness-raising measures"]},{"id":"crc-c-gc-16-0085","docId":"crc-c-gc-16","idx":85,"n":85,"text":"The Committee recommends that States widely disseminate the present general comment with parliament and across government, including within ministries, departments and municipal/local-level bodies working on business issues and those responsible for trade and investment abroad, such as development assistance agencies and overseas missions. The present general comment should be distributed to business enterprises, including those operating transnationally, as well as to small and medium-sized enterprises and actors in the informal sector. It should also be distributed and made known to professionals working for and with children, including judges, lawyers and legal aid providers, teachers, guardians, social workers, officials of public or private welfare institutions, as well as to all children and civil society. This will require translating it into relevant languages, making accessible and child-friendly versions available, holding workshops and seminars to discuss its implications and how best to implement it, and incorporating it into the training of all relevant professionals.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","E. Collaborative and awareness-raising measures"]},{"id":"crc-c-gc-16-0086","docId":"crc-c-gc-16","idx":86,"n":86,"text":"States should include information in their periodic reporting to the Committee on the challenges they face and the measures they have taken to respect, protect and fulfil children’s rights in the context of the activities and operations of business enterprises both domestically and, where appropriate, transnationally.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Framework for implementation","E. Collaborative and awareness-raising measures"]},{"id":"crc-c-gc-17-0001","docId":"crc-c-gc-17","idx":1,"n":1,"text":"The importance of play and recreation in the life of every child has long been acknowledged by the international community, as evidenced by the proclamation in the 1959 Declaration of the Rights of the Child: “The child shall have full opportunity for play and recreation […]; society and the public authorities shall endeavour to promote the enjoyment of this right” (art. 7). This proclamation was further strengthened in the Convention on the Rights of the Child (the Convention) of 1989 which explicitly states in article 31 that “States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and and to participate freely in cultural life and the arts.”","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0002","docId":"crc-c-gc-17","idx":2,"n":2,"text":"However, based on its reviews of the implementation of the rights of the child under the Convention, the Committee is concerned by the poor recognition given by States to the rights contained in article 31. Poor recognition of their significance in the lives of children results in lack of investment in appropriate provisions, weak or non-existent protective legislation and the invisibility of children in national and local-level planning. In general, where investment is made, it is in the provision of structured and organized activities, but equally important is the need to create time and space for children to engage in spontaneous play, recreation and creativity, and to promote societal attitudes that support and encourage such activity.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0003","docId":"crc-c-gc-17","idx":3,"n":3,"text":"The Committee is particularly concerned about the difficulties faced by particular categories of children in relation to enjoyment and conditions of equality of the rights defined in article 31, especially girls, poor children, children with disabilities, indigenous children, children belonging to minorities, among others.","labels":["Indigenous peoples","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0004","docId":"crc-c-gc-17","idx":4,"n":4,"text":"Furthermore, profound changes in the world are having a major impact on children’s opportunities to enjoy the rights provided for in article 31. The urban population, especially in developing countries, is increasing significantly, as is violence worldwide in all its forms – at home, in schools, in mass media, in the streets. The implications, along with the commercialization of play provisions, are influencing the ways children engage in recreation, as well as in cultural and artistic activities. For many children in both rich and poor countries, child labour, domestic work or increasing educational demands serve to reduce the time available for the enjoyment of these rights.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0005","docId":"crc-c-gc-17","idx":5,"n":5,"text":"This general comment has been developed to address these concerns, raise the profile, awareness and understanding among States of the centrality of the rights in article 31 in the life and development of every child, and urge them to elaborate measures to ensure their implementation. The rights in article 31 have universal application in the diversity of communities and societies in the world and respect the value of all cultural traditions and forms. Every child should be able to enjoy these rights regardless of where he or she lives, his or her cultural background or his or her parental status.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0006","docId":"crc-c-gc-17","idx":6,"n":6,"text":"This general comment only touches tangentially on the issue of sport, as it is a major issue in its own right. In respect of cultural life, the general comment focuses primarily on aspects related to creative or artistic activities, rather than the broader definition embraced in article 30 on the right of the child to enjoy his or her own culture.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-17-0007","docId":"crc-c-gc-17","idx":7,"n":7,"text":"7. The present general comment seeks to enhance the understanding of the importance of article 31 for children’s well-being and development; to ensure respect for and strengthen the application of the rights under article 31, as well as other rights in the Convention, and to highlight the implications for the determination of: (a) Consequent obligations of States in the elaboration of all implementation measures, strategies and programmes aimed at the realization and full implementation of the rights defined in article 31; (b) The role and responsibilities of the private sector, including companies working in the areas of recreation, cultural and artistic activities, as well as civil society organizations providing such services for children; (c) Guidelines for all individuals working with children, including parents, on all actions undertaken in the area of play and recreation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["II. Objectives"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0008","docId":"crc-c-gc-17","idx":8,"n":8,"text":"Article 31 must be understood holistically, both in terms of its constituent parts and also in its relationship with the Convention in its entirety. Each element of article 31is mutually linked and reinforcing, and when realized, serves to enrich the lives of children. Together, they describe conditions necessary to protect the unique and evolving nature of childhood. Their realization is fundamental to the quality of childhood, to children’s entitlement to optimum development, to the promotion of resilience and to the realization of other rights. Indeed, environments in which play and recreational opportunities are available to all children provide the conditions for creativity; opportunities to exercise competence through self-initiated play enhances motivation, physical activity and skills development; immersion in cultural life enriches playful interactions; rest ensures that children have the necessary energy and motivation to participate in play and creative engagement.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Significance of article 31 in children’s lives"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0009","docId":"crc-c-gc-17","idx":9,"n":9,"text":"Play and recreation are essential to the health and well-being of children and promote the development of creativity, imagination, self-confidence, self-efficacy, as well as physical, social, cognitive and emotional strength and skills. They contribute to all aspects of learning[[fn:1]]; they are a form of participation in everyday life and are of intrinsic value to the child, purely in terms of the enjoyment and pleasure they afford. Research evidence highlights that playing is also central to children’s spontaneous drive for development, and that it performs a significant role in the development of the brain, particularly in the early years. Play and recreation facilitate children’s capacities to negotiate, regain emotional balance, resolve conflicts and make decisions. Through their involvement in play and recreation, children learn by doing; they explore and experience the world around them; experiment with new ideas, roles and experiences and in so doing, learn to understand and construct their social position within the world.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":1,"text":"UNESCO, Education for the twenty-first century: issues and prospects (Paris, 1998)."}],"section":["III. Significance of article 31 in children’s lives"]},{"id":"crc-c-gc-17-0010","docId":"crc-c-gc-17","idx":10,"n":10,"text":"Both play and recreation can take place when children are on their own, together with their peers or with supportive adults. Children’s development can be supported by loving and caring adults as they relate to children through play. Participation with children in play provides adults with unique insights and understanding into the child’s perspectives. It builds respect between generations, contributes to effective understanding and communication between children and adults and affords opportunities to provide guidance and stimulus. Children benefit from recreational activities involving adults, including voluntary participation in organized sports, games and other recreational activities. However, the benefits are diminished, particularly in the development of creativity, leadership and team spirit if control by adults is so pervasive that it undermines the child’s own efforts to organize and conduct his or her play activities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Significance of article 31 in children’s lives"]},{"id":"crc-c-gc-17-0011","docId":"crc-c-gc-17","idx":11,"n":11,"text":"Involvement in a community’s cultural life is an important element of children’s sense of belonging. Children inherit and experience the cultural and artistic life of their family, community and society, and through that process, they discover and forge their own sense of identity and, in turn, contribute to the stimulation and sustainability of cultural life and traditional arts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Significance of article 31 in children’s lives"]},{"id":"crc-c-gc-17-0012","docId":"crc-c-gc-17","idx":12,"n":12,"text":"In addition, children reproduce, transform, create and transmit culture through their own imaginative play, songs, dance, animation, stories, painting, games, street theatre, puppetry, festivals, and so on. As they gain understanding of the cultural and artistic life around them from adult and peer relationships, they translate and adapt its meaning through their own generational experience. Through engagement with their peers, children create and transmit their own language, games, secret worlds, fantasies and other cultural knowledge. Children’s play generates a “culture of childhood,” from games in school and in the playground to urban activities such as playing marbles, free running, street art and so on. Children are also at the forefront in using digital platforms and virtual worlds to establish new means of communication and social networks, through which different cultural environments and artistic forms are being forged. Participation in cultural and artistic activities are necessary for building children’s understanding, not only of their own culture, but other cultures, as it provides opportunities to broaden their horizons and learn from other cultural and artistic traditions, thus contributing towards mutual understanding and appreciation of diversity.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Significance of article 31 in children’s lives"]},{"id":"crc-c-gc-17-0013","docId":"crc-c-gc-17","idx":13,"n":13,"text":"Finally, rest and leisure are as important to children’s development as the basics of nutrition, housing, health care and education. Without sufficient rest, children will lack the energy, motivation and physical and mental capacity for meaningful participation or learning. Denial of rest can have an irreversible physical and psychological impact on the development, health and well-being of children. Children also need leisure, defined as time and space without obligations, entertainment or stimulus, which they can choose to fill as actively or inactively as they wish.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["III. Significance of article 31 in children’s lives"]},{"id":"crc-c-gc-17-0014","docId":"crc-c-gc-17","idx":14,"n":14,"text":"States parties recognize the right of the child to:","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[],"section":["IV. Legal analysis of article 31","A. Article 31, paragraph 1"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0015","docId":"crc-c-gc-17","idx":15,"n":15,"text":"States Parties shall respect and promote the right of the child:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IV. Legal analysis of article 31","B. Article 31, paragraph 2"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0016","docId":"crc-c-gc-17","idx":16,"n":16,"text":"Article 2 (non-discrimination): The Committee emphasizes that States parties shall take all appropriate measures to ensure that all children have the opportunity to realize their rights under article 31 without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Particular attention should be given to addressing the rights of certain groups of children, including, inter alia, girls, children with disabilities, children living in poor or hazardous environments, children living in poverty, children in penal, health-care or residential institutions, children in situations of conflict or humanitarian disaster, children in rural communities, asylum-seeking and refugee children, children in street situations, nomadic groups, migrant or internally displaced children, children of indigenous origin and from minority groups, working children, children without parents and children subjected to significant pressure for academic attainment.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Children","Persons in street situations","Persons living in rural/remote areas","Persons living in poverty","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","A. Links with the general principles of the Convention"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0017","docId":"crc-c-gc-17","idx":17,"n":17,"text":"Article 3 (best interests of the child): The Committee emphasizes that the realization of the rights under article 31is, by definition, in the child’s best interests. The obligation to consider the child’s best interests applies to children as individuals and as a group or constituency. All legislative, policy and budgetary measures, as well as measures relating to environmental or service provision, which are likely to impact on the rights provided for in article 31 must take into consideration the best interests of children. This would apply, for example, to regulations relating to health and safety, solid waste disposal and collection, residential and transportation planning, design and accessibility of the urban landscape, provision of parks and other green spaces, determination of school hours, child labour and education legislation, planning applications or legislation governing privacy on the Internet, among others.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","A. Links with the general principles of the Convention"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0018","docId":"crc-c-gc-17","idx":18,"n":18,"text":"Article 6 (life, survival and development): State parties must ensure, to the maximum extent possible, the life, survival and development of the child. In this regard, the Committee draws attention to the need to recognize the positive value of each dimension of article 31 in promoting the development and evolving capacities of children. This also requires that the measures introduced to implement article 31 are in accordance with the developmental needs of children at all ages. States parties should promote awareness and understanding of the centrality of play for children’s development among parents, caregivers, government officials and all professionals working with and for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","A. Links with the general principles of the Convention"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0019","docId":"crc-c-gc-17","idx":19,"n":19,"text":"Article 12 (right to be heard): Children, as individuals and as a group, have the right to express their views on all matters of concern to them, which should be given due weight, in accordance with their age and maturity, and they should receive adequate support to express their views, where necessary. Children are entitled to exercise choice and autonomy in their play and recreational activities, as well as in their participation in cultural and artistic activities. The Committee underlines the importance of providing opportunities for children to contribute to the development of legislation, policies, strategies and design of services to ensure the implementation of the rights under article 31. Such contribution could include their involvement, for example, in consultations on policies related to play and recreation, on legislation affecting educational rights and school organization and curriculum or protective legislation relating to child labour, on the development of parks and other local facilities, on urban planning and design for child-friendly communities and environments, and their feedback could be sought on opportunities for play or recreation and cultural activities with[[fn:4]] in the school and the wider community.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":4,"text":"See the Committee’s general comment No.12 (2009) on the right of the child to be heard."}],"section":["V. Article 31 in the broader context of the Convention","A. Links with the general principles of the Convention"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0020","docId":"crc-c-gc-17","idx":20,"n":20,"text":"Article 13: The right to freedom of expression is fundamental to the right to participate freely in cultural and artistic activity. Children have the right to express themselves in whatever way they choose, subject only to restrictions as defined by law and when necessary to ensure respect for the rights and reputations of others, and for the protection of national security, public order and public health or morals.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"}]},{"id":"crc-c-gc-17-0021","docId":"crc-c-gc-17","idx":21,"n":21,"text":"Article 15: Children have the right to exercise choice in their friendships, as well as membership of social, cultural, sporting and other forms of organization. Freedom of association represents an integral dimension of their rights under article 31, as children together create forms of imaginative play that are rarely achieved in adult-child relations. Children need to engage with peers of both sexes, as well as with people of different abilities, classes, cultures and ages, in order to learn cooperation, tolerance, sharing and resourcefulness. Play and recreation create the opportunities for the formation of friendships and can play a key role in strengthening civil society, contributing towards the social, moral and emotional development of the child, shaping culture and building communities. State parties must facilitate opportunities to enable children to meet freely with their peers at the community level. They must also respect and support the right of children to establish, join and leave associations, and the right to peaceful assembly. However, children should never be compelled to participate or join organizations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"15","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0022","docId":"crc-c-gc-17","idx":22,"n":22,"text":"Article 17: Children are entitled to information and materials which are of social and cultural benefit and which derive from a diversity of community, national and international sources. Access to such information and materials is essential for their realization of the right to participate fully in cultural and artistic activity. States parties are encouraged to ensure that children are provided with the widest possible access, through different media, to information and materials related to their own culture and to other cultures, in a language that they understand, including sign language and Braille, and by permitting exceptions to copyright laws in order to ensure the availability of printed materials in alternative formats. In so doing, care must be taken to protect and preserve cultural diversity and to avoid cultural stereotypes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-c-gc-17-0023","docId":"crc-c-gc-17","idx":23,"n":23,"text":"Article 22: Refugee and asylum-seeking children face profound challenges in realizing their rights under article 31 as they often experience both dislocation from their own traditions and culture and exclusion from the culture of the host country. Efforts must be made to ensure that refugee and asylum-seeking children have equal opportunities with children from the host country to enjoy the rights provided for in article 31. Recognition must also be afforded to the right of refugee children to preserve and practice their own recreational, cultural and artistic traditions.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"22","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0024","docId":"crc-c-gc-17","idx":24,"n":24,"text":"Article 23: Accessible and inclusive environments and facilities must be made available[[fn:5]] to children with disabilities to enable them to enjoy their rights under article 31. Families, caregivers and professionals must recognize the value of inclusive play, both as a right and as a means of achieving optimum development, for children with disabilities. States parties should promote opportunities for children with disabilities, as equal and active participants in play, recreation and cultural and artistic life, by awareness-raising among adults and peers, and by providing age-appropriate support or assistance.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":5,"text":"See Convention on the Rights of Persons with Disabilities, arts. 7, 9 and 30."}],"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0025","docId":"crc-c-gc-17","idx":25,"n":25,"text":"Article 24: Not only does the realization of the rights provided for in article 31 contribute to the health, well-being and development of children, but also appropriate provision for children to enjoy the rights under article 31 when they are ill and/or hospitalized will play an important role in facilitating their recovery.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0026","docId":"crc-c-gc-17","idx":26,"n":26,"text":"Article 27: Inadequate standard of living, insecure or overcrowded conditions, unsafe and unsanitary environments, inadequate food, enforced harmful or exploitative work can all serve to limit or deny children the opportunity to enjoy their rights under article 31. States parties are encouraged to take into account the implications for children’s rights under article 31 when developing policies relating to social protection, employment, housing and access to public spaces for children, especially those living without opportunities for play and recreation in their own homes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0027","docId":"crc-c-gc-17","idx":27,"n":27,"text":"Articles 28 and 29: Education must be directed to the development of the child’s personality, talents and mental and physical abilities to the fullest potential. Implementation of the rights under article 31 is essential to achieving compliance with the right provided for in article 29. For children to optimize their potential, they require opportunities for cultural and artistic development as well as participation in sports and games. The Committee also emphasizes that the rights under article 31 are of positive benefit to children’s educational development; inclusive education and inclusive play are mutually reinforcing and should be facilitated during the course of every day throughout early childhood education and care (preschool) as well as primary and secondary school. While relevant and necessary for children of all ages, play is particularly significant in the early years of schooling. Research has shown that play is an important means through which children learn.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0028","docId":"crc-c-gc-17","idx":28,"n":28,"text":"Article 30: Children from ethnic, religious or linguistic minorities should be encouraged to enjoy and participate in their own cultures. States should respect the cultural specificities of children from minority communities as well as children of indigenous origin, and ensure that they are afforded equal rights with children from majority communities to participate in cultural and artistic activities reflecting their own language, religion and culture.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"30","source":"regex"}]},{"id":"crc-c-gc-17-0029","docId":"crc-c-gc-17","idx":29,"n":29,"text":"Article 32: The Committee notes that in many countries, children are engaged in arduous work which denies them their rights under article 31. Furthermore, millions of children are working as domestic workers or in non-hazardous occupations with their families without adequate rest or education, throughout most of their childhood. States need to take all necessary measures to protect all child workers from conditions that violate their rights under article 31.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"32","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0030","docId":"crc-c-gc-17","idx":30,"n":30,"text":"Articles 19, 34, 37 and 38: Violence, sexual exploitation, deprivation of liberty by unlawful or arbitrary means and forced service in armed conflicts impose conditions that seriously impede or even eliminate children’s abilities to enjoy play, recreation and participation in cultural life and the arts. Bullying by other children can also be a major impediment to the enjoyment of the rights under article 31. Those rights can only be realized if States parties take all necessary measures to protect children from such acts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"34","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"38","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0031","docId":"crc-c-gc-17","idx":31,"n":31,"text":"Article 39: States parties should ensure that children who have experienced neglect, exploitation, abuse or other forms of violence are provided with support for recovery and reintegration. Children’s experiences, including those which are painful and damaging, can be communicated through play or artistic expression. Opportunities to realize the rights under article 31 can provide a valuable means through which children can externalize traumatic or difficult life experiences in order to make sense of their past and better cope with their future. Play and artistic expression would enable them to communicate, better understand their own feelings and thoughts, prevent or resolve psychosocial challenges and learn to manage relationships and conflicts through a natural, self-guided, self-healing process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["V. Article 31 in the broader context of the Convention","B. Links with other relevant rights"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0032","docId":"crc-c-gc-17","idx":32,"n":32,"text":"Children have a spontaneous urge to play and participate in recreational activities and will seek out opportunities to do so in the most unfavourable environments. However, certain conditions need to be assured, in accordance with children’s evolving capacities, if they are to realize their rights under article 31 to the optimum extent. As such, children should have:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","A. Factors for an optimum environment"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0033","docId":"crc-c-gc-17","idx":33,"n":33,"text":"Lack of recognition of the importance of play and recreation: In many parts of the world, play is perceived as “deficit” time spent in frivolous or unproductive activity of no intrinsic worth. Parents, caregivers and public administrators commonly place a higher priority on studying or economic work than on play, which is often considered noisy, dirty, disruptive and intrusive. Moreover, adults often lack the confidence, skill or understanding to support children’s play and to interact with them in a playful way. Both the right of children to engage in play and recreation and their fundamental importance of those activities for children’s well-being, health and development are poorly understood and undervalued. When play is recognized, it is usually physically active play and competitive games(sport) that are valued above fantasy or social drama, for example. The Committee emphasizes that greater recognition of the forms and locations of play and recreation preferred by older children is particularly necessary. Adolescents often seek places to meet with their peers and explore their emerging independence and transition to adulthood. This is an important dimension for the development of their sense of identity and belonging.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0034","docId":"crc-c-gc-17","idx":34,"n":34,"text":"Unsafe and hazardous environments: Features in the environment which impact on the rights provided for in article 31 can either serve as protective or risk factors for children’s health, development and safety. In respect of younger children, spaces which provide opportunities for exploration and creativity should enable parents and caregivers to maintain oversight, including by means of eye and voice contact. Children need access to inclusive spaces that are free from inappropriate hazards and close to their own homes, as well as with measures to promote safe, independent mobility as their capacities evolve.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0035","docId":"crc-c-gc-17","idx":35,"n":35,"text":"The majority of the world’s poorest children face physical hazards such as polluted water; open sewer systems; overcrowded cities; uncontrolled traffic; poor street lighting and congested streets; inadequate public transport; lack of safe local play areas, green spaces and cultural facilities; informal urban “slum” settlements in hazardous, violent or toxic environments. In post-conflict environments, children can also be harmed by landmines and unexploded ordnance. Indeed, children are at particular risk both because their natural curiosity and exploratory play increases the likelihood of exposure and because the impact of an explosion is greater on a child.","labels":["Children","Persons in street situations","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0036","docId":"crc-c-gc-17","idx":36,"n":36,"text":"Human factors can also combine to place children at risk in the public environment: high levels of crime and violence; community unrest and civil strife; drug and gang-related violence; risk of kidnapping and child trafficking; open spaces dominated by hostile youth or adults; aggression and sexual violence towards girls. Even where parks, playgrounds, sports facilities and other provisions exist, they may often be in locations where children are at risk, unsupervised and exposed to hazards. The dangers posed by all these factors severely restrict children’s opportunities for safe play and recreation. The increasing erosion of many spaces traditionally available to children creates a need for greater Government intervention to protect the rights under article 31.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0037","docId":"crc-c-gc-17","idx":37,"n":37,"text":"Resistance to children’s use of public spaces: Children’s use of public space for play, recreation and their own cultural activities is also impeded by the increasing commercialization of public areas, from which children are excluded. Furthermore, in many parts of the world, there is decreasing tolerance of children in public spaces. The introduction, for example, of curfews on children; gated communities or parks; reduced noise-level tolerance; playgrounds with strict rules for “acceptable” play behaviour; restrictions on access to shopping malls builds a perception of children as “problems” and/or delinquents. Adolescents, in particular, are widely perceived as a threat by widespread negative media coverage and representation, and discouraged from using public spaces.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0038","docId":"crc-c-gc-17","idx":38,"n":38,"text":"The exclusion of children has significant implications for their development as citizens. Shared experience of inclusive public spaces by different age groups serves to promote and strengthen civil society and encourage children to recognize themselves as citizens with rights. States are encouraged to promote dialogue between older and younger generations to encourage greater recognition of children as rights holders, and of the importance of networks of diverse community spaces in local areas or municipalities which can accommodate the play and recreational needs of all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0039","docId":"crc-c-gc-17","idx":39,"n":39,"text":"Balancing risk and safety: Fears over the physical and human risks to which children are exposed within their local environments are leading, in some parts of the world, to increasing levels of monitoring and surveillance, with consequent constraints on their freedom to play and opportunities for recreation. In addition, children themselves can pose a threat to other children in their play and recreational activities – for example, bullying, abuse of younger children by older children and group pressure to engage in high risk-taking. While children must not be exposed to harm in the realization of their rights under article 31, some degree of risk and challenge is integral to play and recreational activities and is a necessary component of the benefits of these activities. A balance is needed between, on the one hand, taking action to reduce unacceptable hazards in children’s environment, such as closing local streets to traffic, improving street lighting or creating safe boundaries for school playgrounds, and on the other hand, informing, equipping and empowering children to take the necessary precautions to enhance their own safety. The best interests of the child and listening to children’s experiences and concerns should be mediating principles for determining the level of risk to which children can be exposed.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0040","docId":"crc-c-gc-17","idx":40,"n":40,"text":"Lack of access to nature: Children come to understand, appreciate and care for the natural world through exposure, self-directed play and exploration with adults who communicate its wonder and significance. Memories of childhood play and leisure in nature strengthen resources with which to cope with stress, inspire a sense of spiritual wonder and encourage stewardship for the earth. Play in natural settings also contributes towards agility, balance, creativity, social cooperation and concentration. Connection to nature through gardening, harvesting, ceremonies and peaceful contemplation is an important dimension of the arts and heritage of many cultures. In an increasingly urbanized and privatized world, children’s access to parks, gardens, forests, beaches and other natural areas is being erodedm, and children in low-income urban areas are most likely to lack adequate access to green spaces.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0041","docId":"crc-c-gc-17","idx":41,"n":41,"text":"Pressure for educational achievement: Many children in many parts of the world are being denied their rights under article 31 as a consequence of an emphasis on formal academic success. For example:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0042","docId":"crc-c-gc-17","idx":42,"n":42,"text":"Overly structured and programmed schedules: For many children, the ability to realize the rights provided for in article 31 is restricted by the imposition of adult-decided activities, including, for example, compulsory sports, rehabilitative activities for children with disabilities or domestic chores, particularly for girls, which allow little or no time for self-directed activities. Where Government investment exists, it tends to focus on organized competitive recreation, or sometimes children are required or pressured to participate in youth organizations not of their own choosing. Children are entitled to time that is not determined or controlled by adults, as well as time in which they are free of any demands – basically to do “nothing, if they so desire. Indeed, the absence of activity can serve as a stimulus to creativity. Narrowly focusing all of a child’s leisure time into programmed or competitive activities can be damaging to his or her physical, emotional, cognitive and social well-being.[[fn:6]]","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":6,"text":"Marta Santos Pais, “The Convention on the Rights of the Child,” in OHCHR, Manual on Human Rights Reporting (Geneva, 1997), pp. 393 to 505."}],"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0043","docId":"crc-c-gc-17","idx":43,"n":43,"text":"Neglect of article 31 in development programmes: Early childhood care and development work in many countries focuses exclusively on issues of child survival with no attention paid to the conditions that enable children to thrive. Programmes often only deal with nutrition, immunization and preschool education with little or no emphasis on play, recreation, culture and the arts. The personnel running the programmes are not appropriately trained to support these aspects of the child’s development needs.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0044","docId":"crc-c-gc-17","idx":44,"n":44,"text":"Lack of investment in cultural and artistic opportunities for children: Children’s access to cultural and artistic activities are often restricted by a range of factors, including lack of parental support; cost of access; lack of transport; the adult-centred focus of many exhibitions, plays and events; failure to engage children in the content, design, location and forms of provision. Greater emphasis is needed in the creation of spaces to stimulate creativity. Operators of arts and cultural venues should look beyond their physical spaces to consider how their programmes reflect and respond to the cultural lives of the community they represent. Children’s participation in the arts requires a more child-centred approach which commissions and displays children’s creations and also engages them in the structure and programmes offered. Such engagement during childhood can serve to stimulate cultural interests for life.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0045","docId":"crc-c-gc-17","idx":45,"n":45,"text":"Growing role of electronic media: Children in all regions of the world are spending increasing periods of time engaged in play, recreational, cultural and artistic activities, both as consumers and creators, via various digital platforms and media, including watching television, messaging, social networking, gaming, texting, listening to and creating music, watching and making videos and films, creating new art forms, posting images. Information and communication technologies are emerging as a central dimension of children’s daily reality. Today, children move seamlessly between offline and online environments. These platforms offer huge benefits – educationally, socially and culturally – and States are encouraged to take all necessary measures to ensure equality of opportunity for all children to experience those benefits. Access to the Internet and social media is central to the realization of article 31 rights in the globalized environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0046","docId":"crc-c-gc-17","idx":46,"n":46,"text":"However, the Committee is concerned at the growing body of evidence indicating the extent to which these environments, as well as the amounts of time children spend interacting with them, can also contribute to significant potential risk and harm to children.[[fn:7]] For example:","labels":["Children","Persons in street situations","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":7,"text":"UNICEF, Child Safety Online: Global Challenges and Strategies. Technical report (Florence, Innocenti Research Centre, 2012)."}],"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0047","docId":"crc-c-gc-17","idx":47,"n":47,"text":"Marketing and commercialization of play: The Committee is concerned that many children and their families are exposed to increasing levels of unregulated commercialization and marketing by toy and game manufacturers. Parents are pressured to purchase a growing number of products which may be harmful to their children’s development or are antithetical to creative play, such as products that promote television programmes with established characters and storylines which impede imaginative exploration; toys with microchips which render the child as a passive observer; kits with a pre-determined pattern of activity; toys that promote traditional gender stereotypes or early sexualization of girls; toys containing dangerous parts or chemicals; realistic war toys and games. Global marketing can also serve to weaken children’s participation in the traditional cultural and artistic life of their community.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VI. Creating the context for the realization of article 31","B. Challenges to be addressed in the realization of article 31"]},{"id":"crc-c-gc-17-0048","docId":"crc-c-gc-17","idx":48,"n":48,"text":"Girls: A combination of significant burdens of domestic responsibilities and sibling and family care, protective concerns on the part of parents, lack of appropriate facilities and cultural assumptions imposing limitations on the expectations and behaviour of girls can serve to diminish their opportunities to enjoy the rights provided for in article 31, particularly in the adolescent years. In addition, gender differentiation in what is considered girls’ and boys’ play and which is widely reinforced by parents, caregivers, the media and producers/manufacturers of games and toys serve to maintain traditional gender-role divisions in society. Evidence indicates that whereas boys’ games prepare them for successful performance in a wide range of professional and other settings in modern society, girls’ games, in contrast, tend to direct them towards the private sphere of the home and future roles as wives and mothers. Adolescent boys and girls are often discouraged from engaging in joint recreational activities. Furthermore, girls generally have lower participation rates in physical activities and organized games as a consequence of either external cultural or self-imposed exclusion or lack of appropriate provision. This pattern is of concern in the light of the proven physical, psychological, social and intellectual benefits associated with participation in sports activities.[[fn:8]] Given these widespread and pervasive barriers impeding girls’ realization of their rights under article 31, the Committee urges States parties to take action to challenge gender stereotypes which serve to compound and reinforce patterns of discrimination and inequality of opportunity.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":8,"text":"UNESCO, International Charter of Physical Education and Sport, 1978."}],"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0049","docId":"crc-c-gc-17","idx":49,"n":49,"text":"Children living in poverty: Lack of access to facilities, inability to afford the costs of participation, dangerous and neglected neighbourhoods, the necessity to work and a sense of powerlessness and marginalization all serve to exclude the poorest children from realizing the rights provided for in article 31. For many, the risks to their health and safety outside the home are compounded by home environments which provide no or little space or scope for play or recreation. Children without parents are particularly vulnerable to loss of their rights under article 31; children in street situations are not afforded play provisions, and are commonly actively excluded from city parks and playgrounds, although they use their own creativity to utilize the informal setting of the streets for play opportunities. Municipal authorities must recognize the importance of parks and playgrounds for the realization of the rights provided for under article 31 by children living in poverty and engage in dialogue with them in respect of policing, planning and development initiatives. States need to take action to ensure both access to and opportunities for cultural and artistic activities for all children, as well as equal opportunities for play and recreation.","labels":["Children","Persons in street situations","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0050","docId":"crc-c-gc-17","idx":50,"n":50,"text":"Children with disabilities: Multiple barriers impede access by children with disabilities to the rights provided for in article 31, including exclusion from school; informal and social arenas where friendships are formed and where play and recreation take place; isolation at the home; cultural attitudes and negative stereotypes which are hostile to and rejecting of children with disabilities; physical inaccessibility of, inter alia, public spaces, parks, playgrounds and equipment, cinemas, theatres, concert halls, sports facilities and arenas; policies that exclude them from sporting or cultural venues on the grounds of safety; communication barriers and failure to provide interpretation and adaptive technology; lack of accessible transport. Children with disabilities can also be hindered in the enjoyment of their rights if investment is not made to render radio, television, computers and tablets accessible, including through the use of assistive technologies. In this regard, the Committee welcomes article 30 of the Convention on the Rights of Persons with Disabilities which emphasizes the obligations of States parties to ensure that children with disabilities have equal access with other children to participation in play, recreation, sporting and leisure activities, including in the mainstream school system. Pro-active measures are needed to remove barriers and promote accessibility to and availability of inclusive opportunities for children with disabilities to participate in all these activities.[[fn:9]]","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":9,"text":"General comment No. 9 (2006) on the rights of children with disabilities."}],"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRPD","article":"31","source":"regex"},{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crc-c-gc-17-0051","docId":"crc-c-gc-17","idx":51,"n":51,"text":"Children in institutions: Many children spend all or part of their childhood in institutions, including, inter alia, residential homes and schools, hospitals, detention centres, remand homes and refugee centres, where opportunities for play, recreation and participation in cultural and artistic life may be limited or denied. The Committee stresses the need for States to work towards the de-institutionalization of children; but until that goal is reached, States should adopt measures to ensure that all such institutions guarantee both spaces and opportunities for children to associate with their peers in the community, to play and to participate in games, physical exercise, cultural and artistic life. Such measures should not be restricted to compulsory or organized activities; safe and stimulating environments are needed for children to engage in free play and recreation. Wherever possible, children should be afforded these opportunities within local communities. Children living in institutions for significant periods of time also require appropriate literature, periodicals and access to the Internet, as well as support to enable them to make use of such resources. Availability of time, appropriate space, adequate resources and equipment, trained and motivated staff and provision of dedicated budgets are needed to create the necessary environments to ensure that every child living in an institution can realize his or her rights under article 31.","labels":["Refugees & asylum-seekers","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0052","docId":"crc-c-gc-17","idx":52,"n":52,"text":"Children from indigenous and minority communities: Ethnic, religious, racial or caste discrimination can serve to exclude children from realizing their rights under article 31. Hostility, assimilation policies, rejection, violence and discrimination may result in barriers to enjoyment by indigenous and minority children of their own cultural practices, rituals and celebrations, as well as to their participation in sports, games, cultural activities, play and recreation alongside other children. States have an obligation to recognize, protect and respect the right of minority groups to take part in the cultural and recreational life of the society in which they live, as well as to conserve, promote and develop their own culture.[[fn:10]] However, children from indigenous communities also have the right to experience and explore cultures beyond the boundaries of their own family traditions. Cultural and artistic programmes must be based on inclusion, participation and non-discrimination.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":10,"text":"United Nations Declaration on the Rights of Indigenous Peoples (General Assembly resolution 61/295, annex)."}],"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0053","docId":"crc-c-gc-17","idx":53,"n":53,"text":"Children in situations of conflict, humanitarian and natural disasters: The rights provided for in article 31 are often given lower priority in situations of conflict or disaster than the provision of food, shelter and medicines. However, in these situations, opportunities for play, recreation and cultural activity can play a significant therapeutic and rehabilitative role in helping children recover a sense of normality and joy after their experience of loss, dislocation and trauma. Play, music, poetry or drama can help refugee children and children who have experienced bereavement, violence, abuse or exploitation, for example, to overcome emotional pain and regain control over their lives. Such activities can restore a sense of identity, help them make meaning of what has happened to them, and enable them experience fun and enjoyment. Participation in cultural or artistic activities, as well as in play and recreation, offers children an opportunity to engage in a shared experience, to re-build a sense of personal value and self-worth, to explore their own creativity and to achieve a sense of connectedness and belonging. Settings for play also provide opportunities for monitors to identify children suffering from the harmful impact of conflict.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VII. Children requiring particular attention to realize their rights under article 31"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0054","docId":"crc-c-gc-17","idx":54,"n":54,"text":"Article 31 imposes three obligations on States parties to guarantee that the rights it covers are realized by every child without discrimination:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VIII. States parties’ obligations"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0055","docId":"crc-c-gc-17","idx":55,"n":55,"text":"While the International Covenant on Economic, Social and Cultural Rights provides for the progressive realization of economic, social and cultural rights and recognizes the problems arising from limited resources, it imposes on States parties the specific and continuing obligation, even where resources are inadequate, to “strive to ensure the widest possible enjoyment of the relevant rights under the prevailing circumstances” .[[fn:11]] As such, no regressive measures in relation to the rights under article 31 are permitted. Should any such deliberate measure be taken, the State would have to prove that it has carefully considered all the alternatives, including giving due weight to children’s expressed views on the issue, and that the decision was justified, bearing in mind all other rights provided for in the Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":11,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of States parties obligations, para. 11."}],"section":["VIII. States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0056","docId":"crc-c-gc-17","idx":56,"n":56,"text":"The obligation to respect includes the adoption of specific measures aimed at achieving respect for the right of every child, individually or in association with others, to realise his or her rights under article 31, including:","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VIII. States parties’ obligations"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0057","docId":"crc-c-gc-17","idx":57,"n":57,"text":"The obligation to protect requires that States parties take action to prevent third parties from interfering in or restricting the rights provided for in article 31. Accordingly, States are obliged to ensure:","labels":["Women/girls","Children","Persons with disabilities","Persons living in rural/remote areas","Persons affected by armed conflict","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[],"section":["VIII. States parties’ obligations"],"citedArticles":[{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"First occurrence: 'States parties take action to prevent third parties from interfering … the rights provided for in article 31' — CRC art. 31 (right to rest, leisure, play)."},{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'guarantee access for every child … to all recreational … consistent with the provisions of article 31' — CRC art. 31."},{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Third occurrence: 'comply with the provisions of article 31' — CRC art. 31."},{"article":"13","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 13 of CRC — freedom of expression. Text states 'taking into account the provisions of both article 13 on freedom of expression and article 18' — CRC context throughout."},{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 18 of CRC — parental responsibilities. Cited alongside CRC art. 13 in the same sentence about media classification."},{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Fourth occurrence: 'obligations to incorporate provision and opportunity for the realization of the rights under article 31' — CRC art. 31."},{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Fifth occurrence: 'Protection of children from harm: Child protection polici…' still under the 'provisions of article 31' heading — CRC art. 31."},{"article":"31","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Sixth occurrence: continuation of obligations under CRC art. 31 in the same enumerated list."}]},{"id":"crc-c-gc-17-0058","docId":"crc-c-gc-17","idx":58,"n":58,"text":"The obligation to fulfil requires that States parties adopt a wide range of measures to ensure the fulfilment of all the rights provided for under article 31. In accordance with article 12 of the Convention, all such measures, both at the national and local levels, and including planning, design, development, implementation and monitoring should be developed in collaboration with children themselves, as well as NGOs and community-based organizations, through, for example, children’s clubs and associations, community arts and sports groups, representative organizations of children and adults with disabilities, representatives from minority communities and play organisations[[fn:16]]. In particular, consideration should be given to the following:","labels":["Women/girls","Children","Adolescents","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"footnotes":[{"n":16,"text":"General comment No. 12 (2009) on the right of the child to be heard."}],"section":["VIII. States parties’ obligations"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0059","docId":"crc-c-gc-17","idx":59,"n":59,"text":"International cooperation: The Committee encourages international cooperation in the realization of the rights provided for in article 31 through the active engagement of United Nations agencies including UNICEF, UNESCO, UNHCR, UN Habitat, UNOSDP, UNDP, UNEP and WHO, as well as international, national and local NGOs.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["VIII. States parties’ obligations"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-17-0060","docId":"crc-c-gc-17","idx":60,"n":60,"text":"The Committee recommends that States parties disseminate this general comment widely within Government and administrative structures, to parents, other caregivers, children, professional organizations, communities and civil society at large. All channels of dissemination, including print media, the Internet and children’s own communication means should be used. This will necessitate translation into relevant languages, including sign languages, Braille and easy-to-read formats for children with disabilities. It also requires making culturally appropriate and child-friendly versions available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IX. Dissemination"]},{"id":"crc-c-gc-17-0061","docId":"crc-c-gc-17","idx":61,"n":61,"text":"States parties are also encouraged to report fully to the Committee on the Rights of the Child on the measures they have adopted to encourage the full implementation of article 31 for all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2013,"section":["IX. Dissemination"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-19-0001","docId":"crc-c-gc-19","idx":1,"n":1,"text":"1. Article 4 of the Convention on the Rights of the Child reads:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0002","docId":"crc-c-gc-19","idx":2,"n":2,"text":"Given that article 4 relates to all the rights of the child, and that all those rights can be affected by public budgets, the present general comment applies to the Convention and its Optional Protocols. It provides States parties with a framework to ensure that public budgets contribute to the realization of those rights, and, in section III, provides an analysis of the general principles of the Convention, contained in articles 2, 3, 6 and 12.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-19-0003","docId":"crc-c-gc-19","idx":3,"n":3,"text":"When referring to a “child” or “children”, the general comment includes all persons of any gender under the age of 18 whose rights are or can be directly or indirectly, positively or negatively, affected by public budget-related decisions. “Children in vulnerable situations” are those who are particularly susceptible to violations of their rights, such as, but not limited to, children with disabilities, children in refugee situations, children from minority groups, children living in poverty, children living in alternative care and children in conflict with the law.","labels":["Refugees & asylum-seekers","Women/girls","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-19-0004","docId":"crc-c-gc-19","idx":4,"n":4,"text":"For the purpose of the present general comment, the following definitions apply: (a) “Budget” includes public revenue mobilization, budget allocation and expenditures of States; (b) “Obligations of implementation” refer to States parties’ obligations in paragraph 27 below; (c) “General principles of the Convention” refer to the principles in section III; (d) “Budget principles” refer to the principles in section IV; (e) “Legislation” refers to all international, regional, national and subnational treaties and/or legislation relevant to children’s rights; (f) “Policies” refer to all public policies, strategies, regulations, guidelines and statements, including their goals, objectives, indicators and targeted results, that affect the rights of the child, or could do so; (g) “Programmes” refer to frameworks within which States parties set out to achieve the aims of their legislation and policies. Such programmes may directly or indirectly affect children, for example by affecting specific rights of the child, public budget processes, infrastructure and labour; (h) “Subnational” refers to the administrative level, or levels, below the national level, such as regions, provinces, counties or municipalities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-19-0005","docId":"crc-c-gc-19","idx":5,"n":5,"text":"5. In section I, the background, rationale and objective of the general comment are presented. Section II offers a legal analysis of article 4 in relation to public budgets. Section III interprets the general principles of the Convention in this context. Section IV is dedicated to principles of public budgeting. Section V considers how public budgets contribute to realizing the rights of the child. Section VI provides guidelines on disseminating the general comment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0006","docId":"crc-c-gc-19","idx":6,"n":6,"text":"6. The present general comment builds on general comment No. 5 (2003) on general measures of implementation of the Convention, which states that the concept of “general measures of implementation” is complex and that the Committee is likely to issue more detailed general comments on individual elements in due course.[[fn:1]] One such element is the utilization of public budgets. The present general comment also builds on the day of general discussion that the Committee held in 2007 on the responsibility of States regarding resources for the rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":1,"text":"See general comment No. 5, foreword."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-19-0007","docId":"crc-c-gc-19","idx":7,"n":7,"text":"The present general comment was informed by several United Nations resolutions and reports that set out budget principles from a human rights perspective, including: (a) Human Rights Council resolution 28/19 aiming towards better investment in the rights of the child,[[fn:2]] and the report of the United Nations High Commissioner for Human Rights that preceded the resolution, entitled “Towards better investment in the rights of the child” (A/HRC/28/33). They address the role of national policies, resource mobilization, transparency, accountability, participation, allocation and spending, child protection systems, international cooperation and follow-up in relation to investment in children; (b) General Assembly resolution 67/218 on promoting transparency, participation and accountability in fiscal policies, which emphasizes the need to improve the quality, efficiency and effectiveness of fiscal policies and encourages Member States to intensify efforts to enhance transparency, participation and accountability in fiscal policies.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":2,"text":"The resolution was adopted without a vote."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-19-0008","docId":"crc-c-gc-19","idx":8,"n":8,"text":"The present general comment was also informed by consultations held by the Committee with representatives of States, the United Nations, non-governmental organizations, children and individual experts through surveys, meetings and regional consultations in Asia, Europe, Latin America and the Caribbean, the Middle East and North Africa, and sub-Saharan Africa. In addition, the general comment was informed by a global consultation with 2,693 children from 71 countries,[[fn:3]]conducted via an online survey, focus groups and regional consultations in Asia, Europe and Latin America. The consultation included contributions from boys and girls of different backgrounds in terms of age, gender, ability, socioeconomic context, language, ethnicity, school enrolment, displacement and experience of child-participatory budgeting. The messages from children to public budgetary decision makers included: (a) Plan well. There should be enough money in the budget to provide for all rights of children; (b) It is impossible for you to invest in us if you do not ask us what to invest in! We know; you should ask; (c) Do not forget to include children with special needs in your budgets; (d) Spend money fairly and wisely. Don’t spend our money on something that is useless — be efficient, save money; (e) Investing in children is a long-term investment, and it generates a lot, so remember to think of it; (f) Investment in our families is also an important way of securing our rights; (g) Make sure there is no corruption; (h) Recognize the rights of all citizens, both young and old, by listening to people’s opinions on matters of governance; (i) I would like the Government to be more accountable and transparent; (j) Publish records of how the money is spent; (k) Provide budget information to all children in ways that are easily understood and in media that are popular with children, like social media.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":3,"text":"Laura Lundy, Karen Orr and Chelsea Marshall, “Towards better investment in the rights of the child: the views of children” (Centre for Children’s Rights, Queen’s University, Belfast, and Child Rights Connect Working Group on Investment in Children, 2015)."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-19-0009","docId":"crc-c-gc-19","idx":9,"n":9,"text":"9. All the core human rights treaties contain provisions that are similar to article 4 of the Convention. The general comments addressing public budgets that have been issued in relation to those provisions should therefore be seen as complementing the present general comment.[[fn:4]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":4,"text":"See, for example, Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of States parties’ obligations."}],"section":["I. Introduction","A. Background"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0010","docId":"crc-c-gc-19","idx":10,"n":10,"text":"10. The present general comment concerns the management of States parties’ financial resources that directly or indirectly affect children within their jurisdiction. It acknowledges the Addis Ababa Action Agenda of the Third International Conference on Financing for Development (2015) and Transforming our world: the 2030 Agenda for Sustainable Development (2015). Those agendas address States’ management of resources related to international cooperation that affect children, such as programme, sector and budget support, South-South cooperation and interregional cooperation. The Committee recalls the statement of common understanding on human rights-based approaches to development cooperation and programming adopted by the United Nations Development Group (2003), the Paris Declaration on Aid Effectiveness: Ownership, Harmonisation, Alignment, Results and Mutual Accountability (2005), the Accra Agenda for Action (2008), and the Busan Partnership for Effective Development Cooperation (2011), which also address such management. In addition, the Committee is mindful of the potential relevance to the present general comment of existing and evolving national, regional and international standards related to public financial management, provided that such standards do not contradict the provisions of the Convention. Three examples are The International Handbook of Public Financial Management,[[fn:5]] which highlights effectiveness, efficiency and equity in public financial management, The Fiscal Transparency Code, adopted by the International Monetary Fund in 2014, which calls for comprehensiveness, clarity, reliability, timeliness and relevance in public reporting on past, present and future public finances to enhance fiscal management and accountability, and the Principles on Promoting Responsible Sovereign Lending and Borrowing, adopted by the United Nations Conference on Trade and Development in 2012.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":5,"text":"Richard Allen, Richard Hemming and Barry Potter, eds., The International Handbook of Public Financial Management (Basingstoke, Palgrave Macmillan, 2013)."}],"section":["I. Introduction","A. Background"]},{"id":"crc-c-gc-19-0011","docId":"crc-c-gc-19","idx":11,"n":11,"text":"11. The Committee recognizes the significant progress made by States parties in reviewing and bringing domestic legislation, policies and programmes into conformity with the provisions of the Convention and its Optional Protocols. At the same time, the Committee underlines that such legislation, policies and programmes cannot be implemented without sufficient financial resources being mobilized, allocated and spent in an accountable, effective, efficient, equitable, participatory, transparent and sustainable manner.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","B. Rationale"]},{"id":"crc-c-gc-19-0012","docId":"crc-c-gc-19","idx":12,"n":12,"text":"12. When examining States parties’ reports to the Committee, in discussions with representatives of States parties and in its concluding observations, the Committee has raised concerns regarding whether the size of the budget is sufficient to realize the rights of the child. The Committee reiterates that prioritizing children’s rights in budgets, at both national and subnational levels, as required by the Convention, contributes not only to realizing those rights, but also to long-lasting positive impacts on future economic growth, sustainable and inclusive development, and social cohesion.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","B. Rationale"]},{"id":"crc-c-gc-19-0013","docId":"crc-c-gc-19","idx":13,"n":13,"text":"13. Based on the above, the Committee emphasizes that States parties should take all children’s rights into consideration throughout all stages of their budget processes and administrative systems at the national and subnational levels. While recognizing that budget processes differ to some extent between States, and that certain States have developed their own child rights budgeting methods, the present general comment provides guidance regarding four major budgetary stages that concern all States, namely planning, enactment, execution and follow-up.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","B. Rationale"]},{"id":"crc-c-gc-19-0014","docId":"crc-c-gc-19","idx":14,"n":14,"text":"14. The objective of the present general comment is to improve understanding of the obligations under the Convention in relation to budgeting for children’s rights so as to strengthen the realization of those rights, and to promote real change in the way budgets are planned, enacted, executed and followed up in order to advance implementation of the Convention and its Optional Protocols.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","C. Objective"]},{"id":"crc-c-gc-19-0015","docId":"crc-c-gc-19","idx":15,"n":15,"text":"15. This objective has implications for measures taken throughout the budget process by government branches (executive, legislative and judicial), levels (national and subnational) and structures (such as ministries, departments or agencies). The obligations extend to donors and recipients of international cooperation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","C. Objective"]},{"id":"crc-c-gc-19-0016","docId":"crc-c-gc-19","idx":16,"n":16,"text":"16. The objective also has implications for other stakeholders in the budget process, such as national human rights institutions, the media, children, families and civil society organizations. States parties should, in ways appropriate to their contexts, provide enabling environments for the active monitoring and meaningful participation of such stakeholders in the budget process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","C. Objective"]},{"id":"crc-c-gc-19-0017","docId":"crc-c-gc-19","idx":17,"n":17,"text":"17. In addition, the objective has implications for States in relation to awareness-raising and building the capacity of relevant public officials and others in relation to the content of the present general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction","C. Objective"]},{"id":"crc-c-gc-19-0018","docId":"crc-c-gc-19","idx":18,"n":18,"text":"18. The words “shall undertake” mean that States parties have no discretion as to whether or not to satisfy their obligation to undertake the appropriate legislative, administrative and other measures necessary to realize children’s rights, which includes measures related to public budgets.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","A. “States parties shall undertake”"]},{"id":"crc-c-gc-19-0019","docId":"crc-c-gc-19","idx":19,"n":19,"text":"19. Hence, all government branches, levels and structures that play a role in devising public budgets shall exercise their functions in a way that is consistent with the general principles of the Convention and the budget principles set out in sections III and IV below. States parties should also create an enabling environment to allow the legislature, judiciary and supreme audit institutions to do the same.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","A. “States parties shall undertake”"]},{"id":"crc-c-gc-19-0020","docId":"crc-c-gc-19","idx":20,"n":20,"text":"20. States parties should enable budget decision makers at all levels of the executive and the legislative to access the necessary information, data and resources, and build capacity to realize the rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","A. “States parties shall undertake”"]},{"id":"crc-c-gc-19-0021","docId":"crc-c-gc-19","idx":21,"n":21,"text":"The obligation to undertake “all appropriate measures” includes the duty to ensure that: (a) Laws and policies are in place to support resource mobilization, budget allocation and spending to realize children’s rights; (b) The necessary data and information about children are collected, generated and disseminated to support the design and implementation of appropriate legislation, policies, programmes and budgets to advance the rights of the child; (c) Sufficient public resources are mobilized, allocated and utilized effectively to fully implement approved legislation, policies, programmes and budgets; (d) Budgets are systematically planned, enacted, implemented and accounted for at the national and subnational levels of the State, in a manner that ensures the realization of children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","B. “all appropriate legislative, administrative and other measures”"]},{"id":"crc-c-gc-19-0022","docId":"crc-c-gc-19","idx":22,"n":22,"text":"22. Measures are considered appropriate when they are relevant to directly or indirectly advancing children’s rights in a given context, including that of public budgets.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","B. “all appropriate legislative, administrative and other measures”"]},{"id":"crc-c-gc-19-0023","docId":"crc-c-gc-19","idx":23,"n":23,"text":"23. “Legislative measures”, which States parties are obligated to take in relation to public budgets, include reviewing existing legislation, and developing and adopting legislation that aims to ensure that budgets are sufficiently large for the realization of children’s rights at the national and subnational levels. “Administrative measures” include the development and implementation of programmes that meet the aims of agreed legislation, and ensuring adequate public budgets to do so. “Other measures” can be understood to include, for example, the development of public budget participation mechanisms, and data or policies related to children’s rights. Public budgets can be seen to straddle all three categories of measures, while also being indispensable to the realization of other legislative, administrative and other measures. All government branches, levels and structures are responsible for advancing the rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","B. “all appropriate legislative, administrative and other measures”"]},{"id":"crc-c-gc-19-0024","docId":"crc-c-gc-19","idx":24,"n":24,"text":"24. The Committee underlines that States parties have an obligation to show how the public budget-related measures they choose to take result in improvements in children’s rights. States parties shall show evidence of the outcomes obtained for children as a result of those measures. It is not enough to show evidence of measures taken without evidence of results if article 4 of the Convention is to be satisfied.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","B. “all appropriate legislative, administrative and other measures”"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0025","docId":"crc-c-gc-19","idx":25,"n":25,"text":"25. The “rights recognized in the present Convention” include civil, political, economic, social and cultural rights. States parties have the obligation to immediately realize civil and political rights, and to implement economic, social and cultural rights “to the maximum extent of their available resources”. That implies that the full realization of those rights will necessarily be achieved progressively (see sect. II D below).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","C. “for the implementation of the rights recognized in the present Convention”"]},{"id":"crc-c-gc-19-0026","docId":"crc-c-gc-19","idx":26,"n":26,"text":"26. The implementation of the rights of the child requires close attention to all four stages of the public budget process: planning, enacting, executing and follow-up. The rights of all children should be given consideration by States parties throughout the budget process, in accordance with the general principles of the Convention and the budget principles outlined in the present general comment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","C. “for the implementation of the rights recognized in the present Convention”"]},{"id":"crc-c-gc-19-0027","docId":"crc-c-gc-19","idx":27,"n":27,"text":"In terms of budgets, “implementing children’s rights” means that States parties are obliged to mobilize, allocate and spend public resources in a manner that adheres to their obligations of implementation. States parties shall respect, protect and fulfil all the rights of the child, as follows: (a) “Respect” means that States parties should not interfere directly or indirectly with the enjoyment of children’s rights. In relation to budgets, this means that the State shall refrain from interfering with the enjoyment of the rights of the child by, for example, discriminating against certain groups of children in budget decisions, or withdrawing funding or diverting resources away from existing programmes providing for children’s enjoyment of economic, social or cultural rights, except in the circumstances outlined in paragraph 31 below; (b) “Protect” means that States parties shall prevent third parties from interfering with rights guaranteed under the Convention and the Optional Protocols. In terms of public budgets, examples of possible such third parties are the business sector[[fn:6]] and regional or international financial institutions that might play a role in the different stages of the public budget process. The obligation to protect implies that States parties should seek to ensure that their revenue mobilization, budget allocation and expenditures are not interfered with or undermined by third parties. This will require States parties to regulate the role of such third parties, set up complaints mechanisms and systematically intervene in cases of infringement by them. (c) “Fulfil” requires States parties to take action to ensure the full realization of the rights of the child. States parties should: (i) Facilitate children’s rights by taking measures that enable and assist children to enjoy their rights. In a budgetary context, this includes equipping all levels and structures of the executive, legislature and judiciary with the resources and information required to advance the rights of all children in a comprehensive and sustainable manner. This involves putting in place measures to increase knowledge and understanding of the Convention and its Optional Protocols within State functions, and fostering a culture that respects, protects and fulfils children’s rights. (ii) Provide for children’s rights where States are unable, for reasons beyond their control, to realize those rights themselves by the means at their disposal. This obligation includes ensuring that reliable, disaggregated data and information are publicly available to assess and monitor the extent to which children are able to exercise their rights, for example, in different parts of the State. (iii) Promote children’s rights by ensuring that there is appropriate education and public awareness concerning budget decision-making processes and the impacts they have. In relation to budgets, this means mobilizing, allocating and spending sufficient funds to communicate and engage with children, their families and caregivers about budget-related decisions, including legislation, policies and programmes that affect them. States parties should continuously assess the outcomes in different groups in order to identify where more effective promotion is required.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":6,"text":"See general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, in which the Committee indicates that “States must take all necessary, appropriate and reasonable measures to prevent business enterprises from causing or contributing to abuses of children’s rights” (para. 28)."}],"section":["II. Legal analysis of article 4 in relation to public budgets","C. “for the implementation of the rights recognized in the present Convention”"]},{"id":"crc-c-gc-19-0028","docId":"crc-c-gc-19","idx":28,"n":28,"text":"28. In line with this obligation, States parties shall take all possible measures to mobilize, allocate and spend sufficient financial resources. Funds allocated to policies and programmes that further the realization of the rights in the Convention and its Optional Protocols should be spent optimally and in line with the general principles of the Convention and the budget principles outlined in the present general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"]},{"id":"crc-c-gc-19-0029","docId":"crc-c-gc-19","idx":29,"n":29,"text":"29. The Committee recognizes the evolution of the concepts of “maximum extent of available resources” and “progressive realization” in other core international human rights treaties,[[fn:7]] and regards article 4 of the Convention as reflecting both. States parties shall thus take measures to the maximum of their available resources in relation to economic, social and cultural rights and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to obligations that are immediately applicable according to international law.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":7,"text":"See, for example, art. 4 (2) of the Convention on the Rights of Persons with Disabilities."}],"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0030","docId":"crc-c-gc-19","idx":30,"n":30,"text":"30. “States parties shall undertake such measures to the maximum extent of their available resources” means that States parties are expected to demonstrate that they have made every effort to mobilize, allocate and spend budget resources to fulfil the economic, social and cultural rights of all children. The Committee underlines the fact that children’s rights are interdependent and indivisible and that caution should be exercised in differentiating between economic, social and cultural rights on the one hand, and civil and political rights on the other. The realization of economic, social and cultural rights will frequently affect children’s ability to fully exercise their political and civil rights, and vice versa.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"]},{"id":"crc-c-gc-19-0031","docId":"crc-c-gc-19","idx":31,"n":31,"text":"31. The obligation imposed on States parties by article 4 to realize children’s economic, social and cultural rights “to the maximum extent” also means that they should not take deliberate retrogressive measures in relation to economic, social and cultural rights.[[fn:8]] States parties should not allow the existing level of enjoyment of children’s rights to deteriorate. In times of economic crisis, regressive measures may only be considered after assessing all other options and ensuring that children are the last to be affected, especially children in vulnerable situations. States parties shall demonstrate that such measures are necessary, reasonable, proportionate, non-discriminatory and temporary and that any rights thus affected will be restored as soon as possible. States parties should take appropriate measures so that the groups of children who are affected, and others with knowledge about those children’s situation, participate in the decision-making process related to such measures. The immediate and minimum core obligations[[fn:9]] imposed by children’s rights shall not be compromised by any retrogressive measures, even in times of economic crisis.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":8,"text":"See, for example, paras. 24 and 25 of the recommendations from the day of general discussion on the issue of resources for the rights of the child: responsibility of States (2007), general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 72, and general comment No. 3 of the Committee on Economic, Social and Cultural Rights, para. 9."},{"n":9,"text":"See the core obligations specified in the general comments of the Committee on Economic, Social and Cultural Rights, such as No. 13 (1999) on the right to education, No. 14 (2000) on the right to the highest attainable standard of health, and No. 19 (2007) on the right to social security."}],"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-19-0032","docId":"crc-c-gc-19","idx":32,"n":32,"text":"32. Article 44 of the Convention obliges States parties to regularly report on their progress in advancing the rights of children in their jurisdictions. Clear and consistent qualitative and quantitative goals and indicators should be used to illustrate the progressive realization of children’s economic, social and cultural rights to the maximum extent of available resources, as well as the realization of the immediate obligations imposed by those rights, and the realization of civil and political rights. States parties are expected to regularly review and improve their measures to ensure the availability and maximization of resources for the rights of all children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"],"citedArticles":[{"treaty":"CRC","article":"44","source":"regex"}]},{"id":"crc-c-gc-19-0033","docId":"crc-c-gc-19","idx":33,"n":33,"text":"33. The Committee places great importance on accountable, transparent, inclusive and participative decision-making processes at the national and subnational levels as a means of obtaining the resources necessary for the implementation of children’s rights, including economic, social and cultural rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"]},{"id":"crc-c-gc-19-0034","docId":"crc-c-gc-19","idx":34,"n":34,"text":"34. Corruption and mismanagement of public resources in State revenue mobilization, allocation and spending represents a failure by the State to comply with its obligation to use the maximum of available resources. The Committee underlines the importance of States parties allocating resources to prevent and eliminate any corruption affecting children’s rights, in accordance with the United Nations Convention against Corruption.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","D. “With regard to economic, social and cultural rights, States parties shall undertake such measures to the maximum extent of their available resources”"]},{"id":"crc-c-gc-19-0035","docId":"crc-c-gc-19","idx":35,"n":35,"text":"35. States parties have an obligation to cooperate with one another in the promotion of universal respect for, and observance of, human rights,[[fn:10]] including the rights of the child. States that lack the resources needed to implement the rights enshrined in the Convention and its Optional Protocols are obliged to seek international cooperation, be it bilateral, regional, interregional, global or multilateral. States parties with resources for international cooperation have an obligation to provide such cooperation with the aim of facilitating the implementation of children’s rights in the recipient State.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":10,"text":"See the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (1970)."}],"section":["II. Legal analysis of article 4 in relation to public budgets","E. “and, where needed, within the framework of international cooperation”"]},{"id":"crc-c-gc-19-0036","docId":"crc-c-gc-19","idx":36,"n":36,"text":"36. States parties should demonstrate that, where necessary, they have made every effort to seek and implement international cooperation to realize the rights of the child. Such cooperation may include technical and financial support in relation to implementing children’s rights in the budget process, including from the United Nations.[[fn:11]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":11,"text":"See art. 45 of the Convention."}],"section":["II. Legal analysis of article 4 in relation to public budgets","E. “and, where needed, within the framework of international cooperation”"]},{"id":"crc-c-gc-19-0037","docId":"crc-c-gc-19","idx":37,"n":37,"text":"37. States parties should collaborate with other States’ efforts to mobilize the maximum available resources for children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","E. “and, where needed, within the framework of international cooperation”"]},{"id":"crc-c-gc-19-0038","docId":"crc-c-gc-19","idx":38,"n":38,"text":"38. States parties’ cooperation strategies, on the part of both donors and recipients, should contribute to the realization of children’s rights and shall not impact negatively on children, especially those who are most vulnerable.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Legal analysis of article 4 in relation to public budgets","E. “and, where needed, within the framework of international cooperation”"]},{"id":"crc-c-gc-19-0039","docId":"crc-c-gc-19","idx":39,"n":39,"text":"39. States parties should comply with their obligations under the Convention and the Optional Protocols when engaging in development cooperation as members of international organizations,[[fn:12]] and when signing international agreements. Similarly, States parties should consider the potential impact on children’s rights when planning and implementing economic sanctions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":12,"text":"See general comment No. 5, para. 64."}],"section":["II. Legal analysis of article 4 in relation to public budgets","E. “and, where needed, within the framework of international cooperation”"]},{"id":"crc-c-gc-19-0040","docId":"crc-c-gc-19","idx":40,"n":40,"text":"40. Four general principles within the Convention form the basis for all State decisions and actions that directly or indirectly relate to the rights of the child, including public budgets.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets"]},{"id":"crc-c-gc-19-0041","docId":"crc-c-gc-19","idx":41,"n":41,"text":"41. States parties are obliged to protect children from all kinds of discrimination “irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status” (art. 2 (1)). States parties, at all administrative levels, should serve to prevent discrimination and shall not directly or indirectly discriminate against children in budget-related legislation, policies or programmes, in their content or implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","A. Right to non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"2","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-19-0042","docId":"crc-c-gc-19","idx":42,"n":42,"text":"42. States parties should take proactive measures to ensure positive outcomes for all children in relation to legislation, policies and programmes by mobilizing sufficient revenue and allocating and spending funds accordingly. In order to achieve substantive equality, States parties should identify groups of children that qualify for special measures and use public budgets to implement such measures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","A. Right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-19-0043","docId":"crc-c-gc-19","idx":43,"n":43,"text":"43. States parties should create an environment of non-discrimination and take steps, including through the allocation of resources, to ensure that all their government branches, levels and structures, as well as civil society and the business sector, actively advance the right of children to be free from discrimination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","A. Right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-19-0044","docId":"crc-c-gc-19","idx":44,"n":44,"text":"44. To achieve budgets that contribute to positive outcomes in terms of children’s enjoyment of their rights, States parties are required to address inequalities among children by reviewing and revising relevant legislation, policies and programmes, by increasing or reprioritizing certain parts of the budget, or improving the effectiveness, efficiency and equity of their budgets.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","A. Right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-19-0045","docId":"crc-c-gc-19","idx":45,"n":45,"text":"45. Article 3 (1) of the Convention provides that the best interests of the child shall be a primary consideration in all actions concerning children. States parties are obliged to integrate and apply this principle in all legislative, administrative and judicial proceedings that have a direct or indirect impact on children,[[fn:13]] including budgets. The best interests of the child should be a primary consideration throughout every phase of the budgetary process and in all budgetary decisions that affect children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":13,"text":"See general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, para. 6 (a)."}],"section":["III. General principles of the Convention and public budgets","B. Best interests of the child (art. 3)"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-19-0046","docId":"crc-c-gc-19","idx":46,"n":46,"text":"46. As the Committee noted in its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the rights set out in the Convention and its Optional Protocols provide the framework for assessing and determining the best interests of the child. This obligation is crucial when States weigh up competing budget allocation and spending priorities. States parties should be able to demonstrate how the best interests of the child have been considered in budgetary decision-making, including how they have been weighed against other considerations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-19-0047","docId":"crc-c-gc-19","idx":47,"n":47,"text":"47. States parties should conduct child rights impact assessments[[fn:14]] in order to ascertain the effect of legislation, policies and programmes on all children at the national and subnational levels, especially children in vulnerable situations who may have special needs and therefore require a disproportionate share of spending in order to have their rights realized. Child rights impact assessments should be part of each stage of the budget process and should complement other monitoring and evaluation efforts. While States parties will apply different methodologies and practices when undertaking child rights impact assessments, they should use the Convention and its Optional Protocols, as well as relevant concluding observations and general comments issued by the Committee, in developing their frameworks. The child rights impact assessments should be informed by stakeholders, such as children, civil society organizations, experts, State government structures and academic institutions. The analysis should result in recommendations for amendments, alternatives and improvements and should be publicly available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":14,"text":"See general comments No. 5, para. 45, and No. 14, paras. 35 and 99."}],"section":["III. General principles of the Convention and public budgets","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-19-0048","docId":"crc-c-gc-19","idx":48,"n":48,"text":"48. Article 6 of the Convention provides that every child has an inherent right to life and that States parties shall ensure the survival and development of all children. In its general comment No. 5, the Committee states that the development of the child is “a holistic concept, embracing the child’s physical, mental, spiritual, moral, psychological and social development” and that “implementation measures should be aimed at achieving the optimal development for all children” (para. 12).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","C. Right to life, survival and development (art. 6)"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-19-0049","docId":"crc-c-gc-19","idx":49,"n":49,"text":"49. The Committee recognizes that children have varying needs at different stages of their growth and development.[[fn:15]] In their budget decisions, States parties should consider all factors required for children of different ages to survive, grow and develop. States parties should show their commitment to children’s rights by making visible the parts of their budgets that affect children in different age groups.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":15,"text":"See general comment No. 7 (2005) on implementing child rights in early childhood, and general comment No. 20 on the rights of adolescents (forthcoming)."}],"section":["III. General principles of the Convention and public budgets","C. Right to life, survival and development (art. 6)"]},{"id":"crc-c-gc-19-0050","docId":"crc-c-gc-19","idx":50,"n":50,"text":"50. The Committee acknowledges that investment in early childhood development has a positive impact on children’s ability to exercise their rights, breaks poverty cycles and brings high economic returns. Underinvestment in children in their early years can be detrimental to cognitive development and can reinforce existing deprivations, inequalities and intergenerational poverty.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","C. Right to life, survival and development (art. 6)"]},{"id":"crc-c-gc-19-0051","docId":"crc-c-gc-19","idx":51,"n":51,"text":"51. Ensuring the right to life, survival and development includes the need to consider budgets for different groups of children within the current generation, while also taking future generations into account by developing sustainable multi-year revenue and spending projections.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","C. Right to life, survival and development (art. 6)"]},{"id":"crc-c-gc-19-0052","docId":"crc-c-gc-19","idx":52,"n":52,"text":"52. Article 12 of the Convention establishes the right of every child to freely express his or her views in all matters affecting him or her, and for those views to be given due weight in accordance with the child’s age and maturity.[[fn:16]] States parties should regularly hear children’s views on budget decisions that affect them, through mechanisms for the meaningful participation of children at the national and subnational levels. Participants in those mechanisms should be able to contribute freely and without fear of repression or ridicule and States parties should provide feedback to those who participated. In particular, States parties should consult with children who face difficulties in making themselves heard, including children in vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":16,"text":"See also general comment No. 12 (2009) on the right of the child to be heard (2009)."}],"section":["III. General principles of the Convention and public budgets","D. Right to be heard (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-19-0053","docId":"crc-c-gc-19","idx":53,"n":53,"text":"53. The Committee recalls that “investment in the realization of the child’s right to be heard in all matters of concern to her or him and for her or his views to be given due consideration, is a clear and immediate legal obligation of States parties under the Convention … It also requires a commitment to resources and training.”[[fn:17]] This underlines the responsibility of States parties to ensure that there is funding to achieve the meaningful participation of children in all decisions affecting them. It recognizes the important role played by officials of the executive, independent ombudspersons for children, educational institutions, the media, civil society organizations, including children’s organizations, and legislatures in assuring children’s participation in relation to public budgets.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":17,"text":"See general comment No. 12, para. 135."}],"section":["III. General principles of the Convention and public budgets","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-19-0054","docId":"crc-c-gc-19","idx":54,"n":54,"text":"54. The Committee recognizes that budget transparency is a prerequisite for meaningful participation. Transparency means ensuring that user-friendly information is made publicly available in a timely manner in relation to the planning, enactment, execution and follow-up of budgets. This includes both quantitative budget data and relevant information about legislation, policies, programmes, the budget process timetable, motivation for spending priorities and decisions, outputs, outcomes and service delivery information. The Committee underlines the need for States parties to budget for and provide contextually appropriate materials, mechanisms and institutions to enable meaningful participation.[[fn:18]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":18,"text":"See article 13 (1) of the Convention."}],"section":["III. General principles of the Convention and public budgets","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-19-0055","docId":"crc-c-gc-19","idx":55,"n":55,"text":"55. To enable meaningful participation in the budget process, the Committee stresses the importance of ensuring that States parties have in place legislation and policies for freedom of information that include, or at a minimum do not exclude, children and child rights advocates from the right to access key budgetary documents such as pre-budget statements, budget proposals, enacted budgets, midterm reports, in-year reports and audit reports.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-19-0056","docId":"crc-c-gc-19","idx":56,"n":56,"text":"56. The Committee recognizes that a number of States have experience in engaging children in meaningful participation in different parts of the budget process. It encourages States parties to share such experiences and identify good practices that are appropriate to their contexts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. General principles of the Convention and public budgets","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-19-0057","docId":"crc-c-gc-19","idx":57,"n":57,"text":"57. As established in section II above, the Committee underlines the fact that States parties are obliged to take measures within their budget processes to generate revenue and manage expenditures in a way that is sufficient to realize the rights of the child. The Committee recognizes that there are many ways to achieve sufficient resources for realizing children’s rights, including taking into account the general principles of the Convention and the budget principles of effectiveness, efficiency, equity, transparency and sustainability. States parties to the Convention are accountable for meeting their budgetary obligations to realize children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights"]},{"id":"crc-c-gc-19-0058","docId":"crc-c-gc-19","idx":58,"n":58,"text":"58. The Committee recognizes that States have existing expertise and experience in applying the general principles of the Convention and the following budget principles to their budget processes. States parties are encouraged to share and exchange their good practices.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights"]},{"id":"crc-c-gc-19-0059","docId":"crc-c-gc-19","idx":59,"n":59,"text":"59. States parties should plan, enact, execute and follow up in ways that lead to advances in child rights. States parties should invest in understanding the child rights situation in their context and formulate and implement legislation, policies and programmes that are strategically designed to overcome the challenges of realizing the rights of the child. States parties should constantly assess how budgets affect different groups of children and ensure that their budget decisions lead to the best possible outcomes for the largest number of children, paying special attention to children in vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights","A. Effectiveness"]},{"id":"crc-c-gc-19-0060","docId":"crc-c-gc-19","idx":60,"n":60,"text":"60. Public resources dedicated to child-related policies and programmes should be managed in such a way as to ensure value for money and bearing in mind the obligation to respect, protect and fulfil children’s rights. Approved expenditures should be executed in line with the enacted budget. Goods and services to advance child rights should be procured and delivered transparently and on time, and be of appropriate quality. Furthermore, funds allocated to the rights of the child should not be wasted. States parties should make efforts to overcome institutional barriers that impede efficient spending. Monitoring, evaluation and auditing of public funds should provide checks and balances that promote sound financial management.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights","B. Efficiency"]},{"id":"crc-c-gc-19-0061","docId":"crc-c-gc-19","idx":61,"n":61,"text":"61. States parties shall not discriminate against any child or category of children through resource mobilization or the allocation or execution of public funds. Spending equitably does not always mean spending the same amount on each child, but rather making spending decisions that lead to substantive equality among children. Resources should be fairly targeted to promote equality. States parties are obliged to remove all discriminatory barriers that children may face in accessing their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights","C. Equity"]},{"id":"crc-c-gc-19-0062","docId":"crc-c-gc-19","idx":62,"n":62,"text":"62. States parties should develop and maintain public financial management systems and practices that are open to scrutiny, and information on public resources should be freely available in a timely manner. Transparency contributes to efficiency and combats corruption and mismanagement of public budgets, which in turn increases the public resources available to advance child rights. Transparency is also a prerequisite for enabling meaningful participation of the executive, legislatures and civil society, including children, in the budget process. The Committee emphasizes the importance of States parties actively promoting access to information about public revenues, allocations and spending related to children and adopting policies to support and encourage continuous engagement with legislatures and civil society, including children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights","D. Transparency"]},{"id":"crc-c-gc-19-0063","docId":"crc-c-gc-19","idx":63,"n":63,"text":"63. The best interests of current and future generations of children should be given serious consideration in all budget decisions. States parties should mobilize revenues and manage public resources in such a way as to ensure the ongoing adoption of policies and delivery of programmes aimed at directly or indirectly realizing children’s rights. States parties may only take retrogressive measures in relation to children’s rights as outlined in paragraph 31 above.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. Principles of public budgeting for children’s rights","E. Sustainability"]},{"id":"crc-c-gc-19-0064","docId":"crc-c-gc-19","idx":64,"n":64,"text":"64. In this section, the Committee provides more detailed guidance and recommendations on how to realize children’s rights in relation to each of the four stages of the public budget process: (a) Planning; (b) Enacting; (c) Executing; (d) Following up.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets"]},{"id":"crc-c-gc-19-0065","docId":"crc-c-gc-19","idx":65,"n":65,"text":"65. While focusing on national and subnational public budget processes in this section, the Committee stresses the obligation of States parties to also foster implementation of the Convention through international cooperation.[[fn:19]] Such cooperation should be made visible in the national and subnational budgets, where relevant.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":19,"text":"See sect. II E above and art. 45 of the Convention."}],"section":["V. Implementation of the rights of the child in public budgets"]},{"id":"crc-c-gc-19-0066","docId":"crc-c-gc-19","idx":66,"n":66,"text":"66. The Committee also stresses the importance of effective cross-sectoral, interministerial, interdepartmental and inter-agency coordination and cooperation throughout the budget process to fully implement the Convention and its Optional Protocols. States parties should make resources available and should gear their information systems to sustain such coordination at the national and subnational levels.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets"]},{"id":"crc-c-gc-19-0067","docId":"crc-c-gc-19","idx":67,"n":67,"text":"67. Budget planning requires realistic assessments of the economic situation and of the extent to which existing legislation, policies and programmes sufficiently respect, protect and fulfil children’s rights. States need reliable, timely, accessible and comprehensive disaggregated information and data in reusable formats on the macroeconomic, budget and child rights situation, both current and projected. Such information is fundamental to creating legislation, policies and programmes to directly or indirectly target and advance the rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","1. Assessing the situation"]},{"id":"crc-c-gc-19-0068","docId":"crc-c-gc-19","idx":68,"n":68,"text":"In the planning of the budget, States parties should give detailed consideration to the situation of different groups of children, especially those in vulnerable situations, taking into account the past (at least the last 3 to 5 years), current and future situations (at least the next 5 to 10 years). To ensure access to reliable and useful information on the situation of children, States parties are urged to: (a) Periodically review the mandates and resources of statistical bodies and systems for the collection, processing, analysis and dissemination of child-related demographics and other relevant data; (b) Ensure that available information on the situation of children is disaggregated in useful ways considering different groups of children and the principle of non-discrimination in article 2 of the Convention (see also sect. III A above); (c) Make user-friendly information and disaggregated data on the situation of children available in a timely manner to public officials of the executive and members of the legislatures involved in budgeting at the national and subnational levels, as well as to civil society, including children; (d) Establish and maintain a database of all policies and resources affecting children so that those involved in implementing and monitoring the corresponding programmes and services have ongoing access to objective and reliable information.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","1. Assessing the situation"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-19-0069","docId":"crc-c-gc-19","idx":69,"n":69,"text":"States parties should investigate past and potential impacts of budget decisions on children, by: (a) Conducting audits, evaluations and studies of the impact on children of past public revenue collection, budget allocations and expenditures; (b) Consulting with children, their caregivers and those working for their rights, and giving the results serious consideration in budget decisions; (c) Reviewing existing, or creating new, mechanisms to consult regularly with children throughout the budget year; (d) Using new technologies to support effective budget planning in relation to children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","1. Assessing the situation"]},{"id":"crc-c-gc-19-0070","docId":"crc-c-gc-19","idx":70,"n":70,"text":"70. Legislation, policies and programmes related to fiscal issues, the budget process or specific rights of the child have a direct or indirect impact on children. States parties are required to take all possible measures to ensure that all legislation, policies and programmes are in accordance with the Convention and its Optional Protocols, reflect the realities of children, especially those in vulnerable situations, and do not harm children or prevent their rights from being realized.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","2. Legislation, policies and programmes"]},{"id":"crc-c-gc-19-0071","docId":"crc-c-gc-19","idx":71,"n":71,"text":"71. The Committee recognizes the fact that macroeconomic and fiscal legislation, policies and programmes can have an indirect impact on children, their guardians and caregivers who may, for example, be affected by labour legislation or public debt management. States parties should conduct child rights impact assessments of all legislation, policies and programmes, including those of a macroeconomic and fiscal nature, in order to ensure that they do not undermine the realization of children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","2. Legislation, policies and programmes"]},{"id":"crc-c-gc-19-0072","docId":"crc-c-gc-19","idx":72,"n":72,"text":"72. Legislation, policies and programmes relevant to children should be part of decision-making and operations of international development cooperation and States parties’ memberships of international organizations. A State engaged with international development or finance cooperation should take all measures necessary to ensure that such cooperation is carried out in accordance with the Convention and its Optional Protocols.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","2. Legislation, policies and programmes"]},{"id":"crc-c-gc-19-0073","docId":"crc-c-gc-19","idx":73,"n":73,"text":"73. The Committee emphasizes the importance of States parties making cost estimates of proposed legislation, policies and programmes that affect children, in order to ascertain the level of financial resources needed and to enable budget planners and the relevant decision makers in the executive and the legislature to make informed decisions on the resources needed for their implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","2. Legislation, policies and programmes"]},{"id":"crc-c-gc-19-0074","docId":"crc-c-gc-19","idx":74,"n":74,"text":"74. The Committee recognizes the importance of States’ legislation, policies and systems in relation to revenue mobilization and borrowing to sustain available resources for the rights of the child. States parties should take concrete sustainable measures to mobilize domestic resources at the national and subnational levels, such as through taxes and non-tax revenues.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0075","docId":"crc-c-gc-19","idx":75,"n":75,"text":"75. States parties shall seek international cooperation if the available resources to realize the rights of children are insufficient. Such cooperation shall take the Convention and its Optional Protocols into account both on the part of the recipient and the donor States. The Committee underlines the fact that international and regional cooperation for the realization of children’s rights can include mobilization of resources to targeted programmes, as well as measures relating to taxation, combating tax evasion, debt management, transparency and other issues.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0076","docId":"crc-c-gc-19","idx":76,"n":76,"text":"76. The mobilization of resources for public spending on child rights should itself be conducted in a manner that adheres to the budget principles set out in section IV. A lack of transparency in resource mobilization systems can lead to inefficiencies, mismanagement of public finances and corruption. This in turn can lead to insufficient resources being available to spend on the rights of the child. The different tax regimes that do not take into account the ability of families to pay can lead to an inequity in resource mobilization. This can place disproportionate revenue burdens on people with already scarce financial resources, some of whom will be caring for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0077","docId":"crc-c-gc-19","idx":77,"n":77,"text":"States parties should mobilize the full extent of their available resources in a way that is consistent with their obligations of implementation, by: (a) Conducting child rights impact assessments of legislation and policies pertaining to resource mobilization; (b) Reviewing and ensuring that policies and formulas for the division of revenue, both vertical (between different levels of the State) and horizontal (between units at the same level), support and enhance equality among children in different geographical regions; (c) Reviewing and strengthening their capacity to formulate and manage tax legislation, policies and systems, including the signing of agreements between countries to avoid tax evasion; (d) Safeguarding the resources available to advance children’s rights by preventing wastage of resources due to inefficiency or mismanagement and combating corrupt or illicit practices at all levels; (e) Applying the budget principles set out in section IV in all resource mobilization strategies; (f) Ensuring that their sources of revenue, spending and liabilities lead to the realization of children’s rights for current and future generations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0078","docId":"crc-c-gc-19","idx":78,"n":78,"text":"78. The Committee recognizes that sustainable debt management by States, on behalf of creditors and lenders, can contribute to mobilizing resources for the rights of the child. Sustainable debt management includes having in place transparent legislation, policies and systems with clear roles and responsibilities for borrowing and lending, as well as managing and monitoring debt. The Committee also recognizes that long-term unsustainable debt can be a barrier to a State’s ability to mobilize resources for children’s rights, and may lead to taxes and user fees that impact negatively on children. Child rights impact assessments should therefore be carried out also in relation to debt agreements.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0079","docId":"crc-c-gc-19","idx":79,"n":79,"text":"79. Debt relief can increase States’ ability to mobilize resources for the rights of the child. When States parties receive debt relief, children’s rights shall be given serious consideration in decisions regarding the allocation of resources that become available as a result of such relief.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0080","docId":"crc-c-gc-19","idx":80,"n":80,"text":"80. States parties shall protect children’s rights when making decisions related to mobilizing resources through natural resource extraction. Domestic and international agreements regarding such resources, for example, should take into consideration the impacts they might have on current and future generations of children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","3. Mobilizing resources"]},{"id":"crc-c-gc-19-0081","docId":"crc-c-gc-19","idx":81,"n":81,"text":"Pre-budget statements and budget proposals provide powerful vehicles for States to translate their commitments to the rights of the child into concrete priorities and plans at the national and subnational levels. States parties should prepare their budget-related statements and proposals in such a way as to enable effective comparisons and monitoring of budgets relating to children, by: (a) Adhering to internationally agreed budget classification systems such as functional (sector or subsector), economic (current and capital expenses), administrative (ministry, department, agency) and programme breakdowns (if programme-based budgeting is used), to the extent that they are compliant with children’s rights; (b) Reviewing their administrative guidelines and procedures for the formulation of pre-budget statements and budget proposals, such as standardized worksheets and instructions regarding which stakeholders to consult, in order to ensure that they are in line with the present general comment; (c) Further reviewing their classification systems to ensure that they include budget lines and codes that at a minimum disaggregate budget information in line with all the categories listed in paragraph 84 below; (d) Ensuring that their budget lines and codes correspond at the national and subnational levels; (e) Publishing pre-budget statements and budget proposals that are user-friendly, timely and accessible to legislatures, children and child rights advocates.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"]},{"id":"crc-c-gc-19-0082","docId":"crc-c-gc-19","idx":82,"n":82,"text":"Pre-budget statements and budget proposals convey essential information about how a State plans to meet its child rights obligations. States parties should use their pre-budget statements and budget proposals to: (a) Explain how legislation, policies and programmes affecting children will be funded and implemented; (b) Identify which budget allocations directly target children; (c) Identify which budget allocations indirectly affect children; (d) Present findings from evaluations and audits regarding the impact of past budgets on children; (e) Detail recent or upcoming measures taken to advance children’s rights; (f) Present financial data and explanatory text regarding the past, present and forecasted resources available for spending on the rights of the child, as well as actual expenditures; (g) Set performance targets linking child-related programme goals to budget allocations and actual expenditures, to allow monitoring of outcomes and impacts on children, including those in vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"]},{"id":"crc-c-gc-19-0083","docId":"crc-c-gc-19","idx":83,"n":83,"text":"83. Pre-budget statements and budget proposals are important sources of information for child rights-related organizations, children and their caregivers. States parties should enhance their accountability to people within their jurisdictions by producing such user-friendly and accessible information and disseminating it to the public.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"]},{"id":"crc-c-gc-19-0084","docId":"crc-c-gc-19","idx":84,"n":84,"text":"Clear budget classification systems provide a basis for States and other entities to monitor how budget allocations and actual expenditures affecting children are managed in relation to the budget principles. This calls for budget lines and codes which, at a minimum, disaggregate all planned, enacted, revised and actual expenditures that directly affect children, by: (a) Age, recognizing that the definition of age cohorts will differ from State to State; (b) Gender; (c) Geographical area, for example, by subnational unit; (d) Current, and possible future, categories of children in vulnerable situations, taking into consideration article 2 of the Convention (see also sect. III A); (e) Source of revenue, be it national, subnational, regional or international; (f) Responsible units, such as departments, ministries or agencies at the national and subnational levels.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-19-0085","docId":"crc-c-gc-19","idx":85,"n":85,"text":"85. In their budget proposals, parties should specify any child-related programmes that they propose to outsource, or have already outsourced, to the private sector.[[fn:20]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":20,"text":"See general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, para. 25."}],"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"]},{"id":"crc-c-gc-19-0086","docId":"crc-c-gc-19","idx":86,"n":86,"text":"86. The Committee notes that those States that have advanced furthest in making children’s rights visible in their budgets tend to apply a programme-based approach to budgeting. States parties are urged to share experiences of this approach and consider applying and adapting it to their contexts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","A. Planning","4. Formulating budgets"]},{"id":"crc-c-gc-19-0087","docId":"crc-c-gc-19","idx":87,"n":87,"text":"87. The Committee underlines the importance of legislators at the national and subnational levels having access to detailed, user-friendly information about the situation of children and a clear understanding of how budget proposals aim to improve children’s well-being and advance their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","1. Legislators’ scrutiny of budget proposals"]},{"id":"crc-c-gc-19-0088","docId":"crc-c-gc-19","idx":88,"n":88,"text":"88. Legislatures at the national and subnational levels also require adequate time, resources and autonomy to scrutinize budget proposals from a child rights perspective and, where necessary, to undertake or commission analyses or research to shed light on the implications of budget allocations for different groups of children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","1. Legislators’ scrutiny of budget proposals"]},{"id":"crc-c-gc-19-0089","docId":"crc-c-gc-19","idx":89,"n":89,"text":"89. For the oversight role of legislatures to serve the best interests of children, members of legislative bodies and their committees should have the authority to question, review and, where necessary, request amendments to budget proposals, to ensure that they advance the rights of the child in a way that is consistent with the general principles of the Convention and the budget principles.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","1. Legislators’ scrutiny of budget proposals"]},{"id":"crc-c-gc-19-0090","docId":"crc-c-gc-19","idx":90,"n":90,"text":"States parties should contribute so that members of legislatures are adequately prepared to analyse and debate the impact of budget proposals on all children prior to enacting budget legislation, by seeing that national and subnational legislatures, including relevant legislative committees: (a) Have access to information about the situation of children that is easy to understand and use; (b) Have clear explanations from the executive on how legislation, policies and programmes directly or indirectly affecting children are translated into budget lines; (c) Have sufficient time within the budget process to receive the budget proposal, review and debate it, and suggest amendments related to children before the enactment; (d) Have the capacity to independently undertake or commission analyses that highlight the implications of budget proposals on the rights of the child; (e) Are able to hold hearings regarding the budget proposal with stakeholders within the State, including civil society, child advocates and children themselves; (f) Have the necessary resources, for example through a legislatures’ budget office, to undertake oversight activities such as those outlined in (a) to (e) above.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","1. Legislators’ scrutiny of budget proposals"]},{"id":"crc-c-gc-19-0091","docId":"crc-c-gc-19","idx":91,"n":91,"text":"States parties should produce and disseminate national and subnational budget documents during the enactment stage that: (a) Classify budget information in a way that is consistent and easy to understand; (b) Facilitate analysis and monitoring by being compatible with other budget proposals and expenditure reports; (c) Include publications or budget summaries that are accessible to children and child rights advocates, legislatures and civil society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","1. Legislators’ scrutiny of budget proposals"]},{"id":"crc-c-gc-19-0092","docId":"crc-c-gc-19","idx":92,"n":92,"text":"92. The Committee underlines the need for budgets enacted by the legislature to be classified in such a way as to enable comparisons between planned and actual expenditures and the monitoring of budget implementation in relation to child rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","2. Enactment of budget by legislatures"]},{"id":"crc-c-gc-19-0093","docId":"crc-c-gc-19","idx":93,"n":93,"text":"93. The enacted budget is regarded as a public document that is essential not only to the State and legislatures at the national and subnational levels, but should also be accessible to civil society, including children and child rights advocates.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","B. Enacting","2. Enactment of budget by legislatures"]},{"id":"crc-c-gc-19-0094","docId":"crc-c-gc-19","idx":94,"n":94,"text":"94. States parties should adopt and maintain transparent and efficient public finance mechanisms and systems to ensure value for money when goods and services are purchased to advance child rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","1. Transfer and spending of available resources"]},{"id":"crc-c-gc-19-0095","docId":"crc-c-gc-19","idx":95,"n":95,"text":"95. The Committee underlines the fact that States parties have a duty to uncover and remedy the root causes of ineffective and inefficient public spending, for example, poor quality of goods or services, inadequate financial management or procurement systems, leakages, untimely transfers, unclear roles and responsibilities, poor absorptive capacity, weak budget information systems and corruption. When States parties waste or mismanage resources aimed at advancing child rights, they have an obligation to explain why this has occurred and show how the causes have been addressed.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","1. Transfer and spending of available resources"]},{"id":"crc-c-gc-19-0096","docId":"crc-c-gc-19","idx":96,"n":96,"text":"96. During the budget year, policies and programmes aimed at children may not reach all intended beneficiaries as planned or may lead to unintended results. States parties should monitor the outcomes of expenditures during the execution stage so that they can intervene and take rapid corrective action when necessary.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","1. Transfer and spending of available resources"]},{"id":"crc-c-gc-19-0097","docId":"crc-c-gc-19","idx":97,"n":97,"text":"97. States parties should regularly monitor and report on budgets relating to children in a manner that enables States and oversight bodies to track progress in advancing children’s rights as set out in the enacted budget.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","2. In-year reporting on the budget"]},{"id":"crc-c-gc-19-0098","docId":"crc-c-gc-19","idx":98,"n":98,"text":"98. The Committee emphasizes the importance of budget reports being made publicly available in a timely manner and highlighting deviations between the enacted, revised and actual revenues and expenditures in relation to legislation, policies and programmes affecting children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","2. In-year reporting on the budget"]},{"id":"crc-c-gc-19-0099","docId":"crc-c-gc-19","idx":99,"n":99,"text":"99. The Committee underlines the fact that States parties should use budget classification systems that allow expenditures related to the rights of the child to be reported, tracked and analysed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","2. In-year reporting on the budget"]},{"id":"crc-c-gc-19-0100","docId":"crc-c-gc-19","idx":100,"n":100,"text":"100. States parties should monitor and analyse the revenue collection, reach and outputs of actual expenditures for different groups of children during the budget year and from year to year, for example in terms of the availability, quality, accessibility and equitable distribution of services. States parties are urged to ensure that resources and capacity are in place to conduct such monitoring and analyses, including of services outsourced to the private sector.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","3. Executing the budget"]},{"id":"crc-c-gc-19-0101","docId":"crc-c-gc-19","idx":101,"n":101,"text":"States parties should monitor and publicly report on the implementation of enacted budgets on a regular basis, including: (a) Making comparisons between what was budgeted and what was actually spent at different administrative levels across different social sectors; (b) Publishing a comprehensive midterm report that covers actual expenditures made, revenues mobilized, and debt incurred half way into the budget year; (c) Publishing more frequent, for example monthly or quarterly, in-year reports.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","3. Executing the budget"]},{"id":"crc-c-gc-19-0102","docId":"crc-c-gc-19","idx":102,"n":102,"text":"102. States parties are obliged to establish public accountability mechanisms that allow civil society, including children, to monitor outcomes of public spending.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","3. Executing the budget"]},{"id":"crc-c-gc-19-0103","docId":"crc-c-gc-19","idx":103,"n":103,"text":"103. States parties should have internal control and audit processes in place to ensure that rules and procedures are followed in relation to actual expenditures related to children’s rights, and that accounting and reporting processes are adhered to.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","C. Executing","3. Executing the budget"]},{"id":"crc-c-gc-19-0104","docId":"crc-c-gc-19","idx":104,"n":104,"text":"104. Year-end budget reports allow States to account, at the national and subnational levels, for their revenue, borrowing, international cooperation and actual expenditures in relation to the rights of the child. They provide a basis for civil society and legislatures to scrutinize the past year’s budget performance and when necessary, raise concerns about actual expenditures on children and child rights-related programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","1. Year-end reports and evaluations"]},{"id":"crc-c-gc-19-0105","docId":"crc-c-gc-19","idx":105,"n":105,"text":"105. The Committee emphasizes that States parties, in their year-end reports, should provide comprehensive information on all revenue collected and actual expenditures that affect children’s rights. States parties should release user-friendly reports to national and subnational legislatures and make year-end reports and evaluations accessible and publicly available in a timely manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","1. Year-end reports and evaluations"]},{"id":"crc-c-gc-19-0106","docId":"crc-c-gc-19","idx":106,"n":106,"text":"Evaluations and other types of analyses of budgets undertaken by the State and independent evaluation bodies can offer valuable insight into the impact of revenue collection and actual spending on the situation of different groups of children, especially those in vulnerable situations. States parties should undertake and encourage regular evaluations and analyses of the impact of budgets on the situation of children, by: (a) Allocating sufficient financial and human resources to regularly undertake such evaluations and analyses; (b) Rigorously assessing and considering the findings of such evaluations and analyses throughout the budget process and reporting back on decisions taken in relation to them; (c) Establishing and strengthening independent evaluation bodies, such as research institutes, to conduct evaluations of the effectiveness, efficiency, equity, transparency and sustainability of actual expenditures related to the rights of the child; (d) Ensuring that civil society, including children, can make contributions to the evaluation and analyses, for example, through child rights impact assessments.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","1. Year-end reports and evaluations"]},{"id":"crc-c-gc-19-0107","docId":"crc-c-gc-19","idx":107,"n":107,"text":"107. Supreme audit institutions play an essential role in the budget process by verifying whether public revenue collection and spending takes place in accordance with the enacted budget. Audits may investigate the efficiency or effectiveness of expenditures and focus on specific sectors, government structures of the State or cross-cutting issues. Dedicated audits in relation to the rights of the child can assist States in evaluating and improving public revenue mobilization and spending on children. States parties should make the audit reports accessible and publicly available in a timely manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","2. Audits"]},{"id":"crc-c-gc-19-0108","docId":"crc-c-gc-19","idx":108,"n":108,"text":"108. The Committee underlines the fact that supreme audit institutions should be independent from the State and should have a mandate to access the information and resources needed to audit and report on child-related budgets in an independent, accountable and transparent manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","2. Audits"]},{"id":"crc-c-gc-19-0109","docId":"crc-c-gc-19","idx":109,"n":109,"text":"States parties should support the oversight role of the supreme audit institutions in relation to public revenue collection and spending on the rights of the child by: (a) Presenting comprehensive annual accounts to the supreme audit institutions in a timely manner; (b) Ensuring that resources are available for the supreme audit institutions to undertake audits in relation to the rights of the child; (c) Providing public responses to audits related to the impact of actual expenditures on children’s rights, including how the State addresses audit findings and recommendations; (d) Ensuring that State officials have the capacity to appear before committees of the legislature to respond to concerns raised in audit reports pertaining to child rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","2. Audits"]},{"id":"crc-c-gc-19-0110","docId":"crc-c-gc-19","idx":110,"n":110,"text":"Civil society, including children, can make important contributions to the audit of public expenditures. States parties are encouraged to support and empower civil society to participate in the evaluation and audit of actual expenditures relating to children’s rights, by: (a) Establishing public accountability mechanisms for this purpose and reviewing them regularly to ensure that they are accessible, participatory and effective; (b) Ensuring that State officials have the capacity to respond in an informed way to the findings of civil society and independent bodies that monitor and audit public expenditures relevant to children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","2. Audits"]},{"id":"crc-c-gc-19-0111","docId":"crc-c-gc-19","idx":111,"n":111,"text":"111. States parties should use audits of previous public resource mobilization, budget allocations and expenditures related to child rights to inform the next planning stage of the budget process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Implementation of the rights of the child in public budgets","D. Follow-up","2. Audits"]},{"id":"crc-c-gc-19-0112","docId":"crc-c-gc-19","idx":112,"n":112,"text":"112. The Committee recommends that States parties widely disseminate the present general comment to all its government branches, levels and structures and to civil society, including children and their caregivers, as well as to development cooperation entities, academia, the media and relevant parts of the private sector.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. Dissemination of the present general comment"]},{"id":"crc-c-gc-19-0113","docId":"crc-c-gc-19","idx":113,"n":113,"text":"113. States parties should translate the general comment into relevant languages and make child appropriate versions available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. Dissemination of the present general comment"]},{"id":"crc-c-gc-19-0114","docId":"crc-c-gc-19","idx":114,"n":114,"text":"114. Events should be held to share best practices related to the general comment and to train all concerned professionals and technical staff on its content.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. Dissemination of the present general comment"]},{"id":"crc-c-gc-19-0115","docId":"crc-c-gc-19","idx":115,"n":115,"text":"115. The Committee encourages all of the above stakeholders to share good practices in relation to the content of the general comment.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. Dissemination of the present general comment"]},{"id":"crc-c-gc-19-0116","docId":"crc-c-gc-19","idx":116,"n":116,"text":"116. States parties should include information in their periodic reporting to the Committee on the challenges they face and the measures they have taken to apply the present general comment in their budgets and budget processes.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. Dissemination of the present general comment"]},{"id":"crc-gc-2002-2-0001","docId":"crc-gc-2002-2","idx":1,"n":1,"text":"Article 4 of the Convention on the Rights of the Child obliges States parties to “undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention”. Independent national human rights institutions (NHRIs) are an important mechanism to promote and ensure the implementation of the Convention, and the Committee on the Rights of the Child considers the establishment of such bodies to fall within the commitment made by States parties upon ratification to ensure the implementation of the Convention and advance the universal realization of children’s rights. In this regard, the Committee has welcomed the establishment of NHRIs and children’s ombudspersons/children’s commissioners and similar independent bodies for the promotion and monitoring of the implementation of the Convention in a number of States parties.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2002-2-0002","docId":"crc-gc-2002-2","idx":2,"n":2,"text":"The Committee issues this general comment in order to encourage States parties to establish an independent institution for the promotion and monitoring of implementation of the Convention and to support them in this regard by elaborating the essential elements of such institutions and the activities which should be carried out by them. Where such institutions have already been established, the Committee calls upon States to review their status and effectiveness for promoting and protecting children’s rights, as enshrined in the Convention on the Rights of the Child and other relevant international instruments.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0003","docId":"crc-gc-2002-2","idx":3,"n":3,"text":"The World Conference on Human Rights, held in 1993, in the Vienna Declaration and Programme of Action reaffirmed “… the important and constructive role played by national institutions for the promotion and protection of human rights”, and encouraged “… the establishment and strengthening of national institutions”. The General Assembly and the","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"footnotes":[{"n":1,"text":"General guidelines regarding the form and contents of periodic reports to be submitted by States parties under article 44, paragraph 1 (b), of the Convention (CRC/C/58), para. 18."}]},{"id":"crc-gc-2002-2-0004","docId":"crc-gc-2002-2","idx":4,"n":4,"text":"NHRIs should be established in compliance with the Principles relating to the status of national institutions for the promotion and protection of human rights (The “Paris Principles”) adopted by the General Assembly in 1993[[fn:2]] transmitted by the Commission on Human Rights in 1992.[[fn:3]] These minimum standards provide guidance for the establishment, competence, responsibilities, composition, including pluralism, independence, methods of operation, and quasi-judicial activities of such national bodies.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"footnotes":[{"n":2,"text":"Principles relating to the status of national institutions for the promotion and protection of human rights (The “Paris Principles”), General Assembly resolution 48/134 of 20 December 1993, annex."},{"n":3,"text":"Commission on Human Rights resolution 1992/54 of 3 March 1992, annex. - - - - -"}]},{"id":"crc-gc-2002-2-0005","docId":"crc-gc-2002-2","idx":5,"n":5,"text":"While adults and children alike need independent NHRIs to protect their human rights, additional justifications exist for ensuring that children’s human rights are given special attention. These include the facts that children’s developmental state makes them particularly vulnerable to human rights violations; their opinions are still rarely taken into account; most children have no vote and cannot play a meaningful role in the political process that determines Governments’ response to human rights; children encounter significant problems in using the judicial system to protect their rights or to seek remedies for violations of their rights; and children’s access to organizations that may protect their rights is generally limited.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0006","docId":"crc-gc-2002-2","idx":6,"n":6,"text":"Specialist independent human rights institutions for children, ombudspersons or commissioners for children’s rights have been established in a growing number of States parties. Where resources are limited, consideration must be given to ensuring that the available resources are used most effectively for the promotion and protection of everyone’s human rights, including children’s, and in this context development of a broad-based NHRI that includes a specific focus on children is likely to constitute the best approach. A broad-based NHRI should include within its structure either an identifiable commissioner specifically responsible for children’s rights, or a specific section or division responsible for children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0007","docId":"crc-gc-2002-2","idx":7,"n":7,"text":"It is the view of the Committee that every State needs an independent human rights institution with responsibility for promoting and protecting children’s rights. The Committee’s principal concern is that the institution, whatever its form, should be able, independently and effectively, to monitor, promote and protect children’s rights. It is essential that promotion and protection of children’s rights is “mainstreamed” and that all human rights institutions existing in a country work closely together to this end. Mandate and powers","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0008","docId":"crc-gc-2002-2","idx":8,"n":8,"text":"NHRIs should, if possible, be constitutionally entrenched and must at least be legislatively mandated. It is the view of the Committee that their mandate should include as broad a scope as possible for promoting and protecting human rights, incorporating the Convention on the Rights of the Child, its Optional Protocols and other relevant international human rights instruments - thus effectively covering children’s human rights, in particular their civil, political, economic, social and cultural rights. The legislation should include provisions CRC/GC/2002/2 page 3 setting out specific functions, powers and duties relating to children linked to the Convention on the Rights of the Child and its Optional Protocols. If the NHRI was established before the existence of the Convention, or without expressly incorporating it, necessary arrangements, including the enactment or amendment of legislation, should be put in place so as to ensure conformity of the institution’s mandate with the principles and provisions of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0009","docId":"crc-gc-2002-2","idx":9,"n":9,"text":"NHRIs should be accorded such powers as are necessary to enable them to discharge their mandate effectively, including the power to hear any person and obtain any information and document necessary for assessing the situations falling within their competence. These powers should include the promotion and protection of the rights of all children under the jurisdiction of the State party in relation not only to the State but to all relevant public and private entities. Establishment process","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0010","docId":"crc-gc-2002-2","idx":10,"n":10,"text":"The NHRI establishment process should be consultative, inclusive and transparent, initiated and supported at the highest levels of Government and inclusive of all relevant elements of the State, the legislature and civil society. In order to ensure their independence and effective functioning, NHRIs must have adequate infrastructure, funding (including specifically for children’s rights, within broad-based institutions), staff, premises, and freedom from forms of financial control that might affect their independence. Resources","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0011","docId":"crc-gc-2002-2","idx":11,"n":11,"text":"While the Committee acknowledges that this is a very sensitive issue and that State parties function with varying levels of economic resources, the Committee believes that it is the duty of States to make reasonable financial provision for the operation of national human rights institutions in light of article 4 of the Convention. The mandate and powers of national institutions may be meaningless, or the exercise of their powers limited, if the national institution does not have the means to operate effectively to discharge its powers. Pluralistic representation","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2002-2-0012","docId":"crc-gc-2002-2","idx":12,"n":12,"text":"NHRIs should ensure that their composition includes pluralistic representation of the various elements of civil society involved in the promotion and protection of human rights. They should seek to involve, among others, the following: human rights, anti-discrimination and children’s rights non-governmental organizations (NGOs), including child- and youth-led organizations; trade unions; social and professional organizations (of doctors, lawyers, journalists, scientists, etc.); universities and experts, including children’s rights experts. Government departments should be involved in an advisory capacity only. NHRIs should have appropriate and transparent appointment procedures, including an open and competitive selection process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0013","docId":"crc-gc-2002-2","idx":13,"n":13,"text":"NHRIs must have the power to consider individual complaints and petitions and carry out investigations, including those submitted on behalf of or directly by children. In order to be able to effectively carry out such investigations, they must have the powers to compel and question CRC/GC/2002/2 page 4 witnesses, access relevant documentary evidence and access places of detention. They also have a duty to seek to ensure that children have effective remedies - independent advice, advocacy and complaints procedures - for any breaches of their rights. Where appropriate, NHRIs should undertake mediation and conciliation of complaints.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0014","docId":"crc-gc-2002-2","idx":14,"n":14,"text":"NHRIs should have the power to support children taking cases to court, including the power (a) to take cases concerning children’s issues in the name of the NHRI and (b) to intervene in court cases to inform the court about the human rights issues involved in the case.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0015","docId":"crc-gc-2002-2","idx":15,"n":15,"text":"NHRIs should be geographically and physically accessible to all children. In the spirit of article 2 of the Convention, they should proactively reach out to all groups of children, in particular the most vulnerable and disadvantaged, such as (but not limited to) children in care or detention, children from minority and indigenous groups, children with disabilities, children living in poverty, refugee and migrant children, street children and children with special needs in areas such as culture, language, health and education. NHRI legislation should include the right of the institution to have access in conditions of privacy to children in all forms of alternative care and to all institutions that include children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2002-2-0016","docId":"crc-gc-2002-2","idx":16,"n":16,"text":"NHRIs have a key role to play in promoting respect for the views of children in all matters affecting them, as articulated in article 12 of the Convention, by Government and throughout society. This general principle should be applied to the establishment, organization and activities of national human rights institutions. Institutions must ensure that they have direct contact with children and that children are appropriately involved and consulted. Children’s councils, for example, could be created as advisory bodies for NHRIs to facilitate the participation of children in matters of concern to them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2002-2-0017","docId":"crc-gc-2002-2","idx":17,"n":17,"text":"NHRIs should devise specially tailored consultation programmes and imaginative communication strategies to ensure full compliance with article 12 of the Convention. A range of suitable ways in which children can communicate with the institution should be established.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2002-2-0018","docId":"crc-gc-2002-2","idx":18,"n":18,"text":"NHRIs must have the right to report directly, independently and separately on the state of children’s rights to the public and to parliamentary bodies. In this respect, States parties must ensure that an annual debate is held in Parliament to provide parliamentarians with an opportunity to discuss the work of the NHRI in respect of children’s rights and the State’s compliance with the Convention. Recommended activities","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0019","docId":"crc-gc-2002-2","idx":19,"n":19,"text":"The following is an indicative, but not exhaustive, list of the types of activities which NHRIs should carry out in relation to the implementation of children’s rights in light of the general principles of the Convention. They should:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"42","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-gc-2002-2-0020","docId":"crc-gc-2002-2","idx":20,"n":20,"text":"NHRIs should contribute independently to the reporting process under the Convention and other relevant international instruments and monitor the integrity of government reports to international treaty bodies with respect to children’s rights, including through dialogue with the Committee on the Rights of the Child at its pre-sessional working group and with other relevant treaty bodies.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0021","docId":"crc-gc-2002-2","idx":21,"n":21,"text":"The Committee requests that States parties include detailed information on the legislative basis and mandate and principal relevant activities of NHRIs in their reports to the Committee. It is appropriate for States parties to consult with independent human rights institutions during the preparation of reports to the Committee. However, States parties must respect the independence of these bodies and their independent role in providing information to the Committee. It is not appropriate to delegate to NHRIs the drafting of reports or to include them in the government delegation when reports are examined by the Committee. CRC/GC/2002/2 page 7","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0022","docId":"crc-gc-2002-2","idx":22,"n":22,"text":"NHRIs should also cooperate with the special procedures of the Commission on Human Rights, including country and thematic mechanisms, in particular the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Representative of the Secretary-General for Children and Armed Conflict.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0023","docId":"crc-gc-2002-2","idx":23,"n":23,"text":"The United Nations has a long-standing programme of assistance for the establishment and strengthening of national human rights institutions. This programme, which is based in the Office of the High Commissioner for Human Rights (OHCHR), provides technical assistance and facilitates regional and global cooperation and exchanges among national human rights institutions. States parties should avail themselves of this assistance where necessary. The United Nations Children’s Fund (UNICEF) also offers expertise and technical cooperation in this area.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0024","docId":"crc-gc-2002-2","idx":24,"n":24,"text":"As articulated in article 45 of the Convention, the Committee may also transmit, as it considers appropriate, to any specialized United Nations agency, OHCHR and any other competent body any reports from States parties that contain a request or indicate a need for technical advice or assistance in the establishment of NHRIs. NHRIs and States parties","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002,"citedArticles":[{"treaty":"CRC","article":"45","source":"regex"}]},{"id":"crc-gc-2002-2-0025","docId":"crc-gc-2002-2","idx":25,"n":25,"text":"The State ratifies the Convention on the Rights of the Child and takes on obligations to implement it fully. The role of NHRIs is to monitor independently the State’s compliance and progress towards implementation and to do all it can to ensure full respect for children’s rights. While this may require the institution to develop projects to enhance the promotion and protection of children’s rights, it should not lead to the Government delegating its monitoring obligations to the national institution. It is essential that institutions remain entirely free to set their own agenda and determine their own activities. NHRIs and NGOs","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0026","docId":"crc-gc-2002-2","idx":26,"n":26,"text":"Non-governmental organizations play a vital role in promoting human rights and children’s rights. The role of NHRIs, with their legislative base and specific powers, is complementary. It is essential that institutions work closely with NGOs and that Governments respect the independence of both NHRIs and NGOs.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0027","docId":"crc-gc-2002-2","idx":27,"n":27,"text":"Regional and international processes and mechanisms can strengthen and consolidate NHRIs through shared experience and skills, as NHRIs share common problems in the promotion and protection of human rights in their respective countries.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0028","docId":"crc-gc-2002-2","idx":28,"n":28,"text":"In this respect, NHRIs should consult and cooperate with relevant national, regional and international bodies and institutions on children’s rights issues. CRC/GC/2002/2 page 8","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-gc-2002-2-0029","docId":"crc-gc-2002-2","idx":29,"n":29,"text":"Children’s human rights issues are not constrained by national borders and it has become increasingly necessary to devise appropriate regional and international responses to a variety of child rights issues (including, but not limited to, the trafficking of women and children, child pornography, child soldiers, child labour, child abuse, refugee and migrant children, etc.). International and regional mechanisms and exchanges are encouraged, as they provide NHRIs with an opportunity to learn from each other’s experience, collectively strengthen each other’s positions and contribute to resolving human rights problems affecting both countries and regions. Notes","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2002},{"id":"crc-c-gc-20-0001","docId":"crc-c-gc-20","idx":1,"n":1,"text":"1. The Convention on the Rights of the Child defines a child as every human being below the age of 18 years unless under the law applicable to the child majority is attained earlier, and emphasizes that States should respect and ensure the rights embodied in the Convention to each child within their jurisdiction without discrimination of any kind. While the Convention recognizes the rights of all persons under 18 years, the implementation of rights should take account of children’s development and their evolving capacities. Approaches adopted to ensure the realization of the rights of adolescents differ significantly from those adopted for younger children.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-20-0002","docId":"crc-c-gc-20","idx":2,"n":2,"text":"2. Adolescence is a life stage characterized by growing opportunities, capacities, aspirations, energy and creativity, but also significant vulnerability. Adolescents are agents of change and a key asset and resource with the potential to contribute positively to their families, communities and countries. Globally, adolescents engage positively in many spheres, including health and education campaigns, family support, peer education, community development initiatives, participatory budgeting and creative arts, and make contributions towards peace, human rights, environmental sustainability and climate justice. Many adolescents are at the cutting edge of the digital and social media environments, which form an increasingly central role in their education, culture and social networks, and hold potential in terms of political engagement and monitoring accountability.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-20-0003","docId":"crc-c-gc-20","idx":3,"n":3,"text":"3. The Committee observes that the potential of adolescents is widely compromised because States parties do not recognize or invest in the measures needed for them to enjoy their rights. Data disaggregated by age, sex and disability are not available in most countries to inform policy, identify gaps and support the allocation of appropriate resources for adolescents. Generic policies designed for children or young people often fail to address adolescents in all their diversity and are inadequate to guarantee the realization of their rights. The costs of inaction and failure are high: the foundations laid down during adolescence in terms of emotional security, health, sexuality, education, skills, resilience and understanding of rights will have profound implications, not only for their individual optimum development, but also for present and future social and economic development.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-20-0004","docId":"crc-c-gc-20","idx":4,"n":4,"text":"4. In the present general comment, the Committee provides guidance to States on the measures necessary to ensure the realization of the rights of children during adolescence, cognizant also of the 2030 Agenda for Sustainable Development. It highlights the importance of a human rights-based approach that includes recognition and respect for the dignity and agency of adolescents; their empowerment, citizenship and active participation in their own lives; the promotion of optimum health, well-being and development; and a commitment to the promotion, protection and fulfilment of their human rights, without discrimination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-20-0005","docId":"crc-c-gc-20","idx":5,"n":5,"text":"5. The Committee recognizes that adolescence is not easily defined, and that individual children reach maturity at different ages. Puberty occurs at different ages for boys and girls, and different brain functions mature at different times. The process of transitioning from childhood to adulthood is influenced by context and environment, as reflected in the wide variation in cultural expectations of adolescents in national legislations, which afford different thresholds for entry into adult activities, and across international bodies, which employ a variety of age ranges to define adolescence. The present general comment does not seek, therefore, to define adolescence, but instead focuses on the period of childhood from 10 years until the 18th birthday to facilitate consistency in data collection.[[fn:1]]","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":1,"text":"See www.who.int/maternal_child_adolescent/topics/adolescence/dev/en/."}],"section":["I. Introduction"]},{"id":"crc-c-gc-20-0006","docId":"crc-c-gc-20","idx":6,"n":6,"text":"6. The Committee notes that several of its general comments have a particular resonance for adolescents, notably those relating to adolescent health and development, HIV/AIDS, eradicating practices that are harmful to women and children, unaccompanied and separated children and juvenile justice. The Committee emphasizes the particular significance for adolescents of the recommendations arising from the day of general discussion on digital media and children’s rights. The present general comment has been developed to provide an overview on how the Convention in its entirety needs to be understood and implemented in respect of all adolescents and should be read together with other general comments and with documents arising from the day of general discussion.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["I. Introduction"]},{"id":"crc-c-gc-20-0007","docId":"crc-c-gc-20","idx":7,"n":7,"text":"The objectives of the present general comment are: (a) To provide States with guidance on the legislation, policies and services needed to promote comprehensive adolescent development consistent with the realization of their rights; (b) To raise awareness of the opportunities afforded by and challenges faced during adolescence; (c) To enhance understanding of and respect for the evolving capacities of adolescents and the implications for the realization of their rights; (d) To strengthen the case for greater visibility and awareness of adolescents and for investment to enable them to realize their rights throughout the course of their lives.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["II. Objectives"]},{"id":"crc-c-gc-20-0008","docId":"crc-c-gc-20","idx":8,"n":8,"text":"8. The Committee draws States parties’ attention to the powerful case for a focus on adolescents to promote the realization of their rights, strengthen their potential contribution to positive and progressive social transformation and overcome the challenges they face in the transition from childhood to adulthood in an increasingly globalized and complex world.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. The case for a focus on adolescents"]},{"id":"crc-c-gc-20-0009","docId":"crc-c-gc-20","idx":9,"n":9,"text":"9. Adolescents are on a rapid curve of development. The significance of the developmental changes during adolescence has not yet been as widely understood as that which occurs in early years. Adolescence is a unique defining stage of human development characterized by rapid brain development and physical growth, enhanced cognitive ability, the onset of puberty and sexual awareness and newly emerging abilities, strengths and skills. Adolescents experience greater expectations surrounding their role in society and more significant peer relationships as they transition from a situation of dependency to one of greater autonomy.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. The case for a focus on adolescents"]},{"id":"crc-c-gc-20-0010","docId":"crc-c-gc-20","idx":10,"n":10,"text":"10. As they move through their second decade, children begin to explore and forge their own individual and community identities on the basis of a complex interaction with their own family and cultural history, and experience the creation of an emergent sense of self, often expressed through language, arts and culture, both as individuals and through association with their peers. For many, that process takes place around and is significantly informed and influenced by their engagement with the digital environment. The process of construction and expression of identity is particularly complex for adolescents as they create a pathway between minority and mainstream cultures.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. The case for a focus on adolescents"]},{"id":"crc-c-gc-20-0011","docId":"crc-c-gc-20","idx":11,"n":11,"text":"11. In order to ensure the optimum development of every child throughout childhood, it is necessary to recognize the impact that each period of life has on subsequent stages. Adolescence is a valuable period of childhood in its own right but is also a critical period of transition and opportunity for improving life chances. Positive early childhood interventions and experiences facilitate optimal development as young children become adolescents.[[fn:2]] However, any investment in young people risks being wasted if their rights throughout adolescence do not also receive adequate attention. Furthermore, positive and supportive opportunities during adolescence can be used to offset some of the consequences caused by harm suffered during early childhood, and build resilience to mitigate future damage. The Committee therefore underlines the importance of a life-course perspective.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":2,"text":"See Committee on the Rights of the Child general comment No. 7 (2005) on implementing child rights in early childhood, para. 8."}],"section":["III. The case for a focus on adolescents","Recognizing adolescence as part of the life course"]},{"id":"crc-c-gc-20-0012","docId":"crc-c-gc-20","idx":12,"n":12,"text":"12. Reaching adolescence can mean exposure to a range of risks, reinforced or exacerbated by the digital environment, including substance use and addiction, violence and abuse, sexual or economic exploitation, trafficking, migration, radicalization or recruitment into gangs or militias. As they approach adulthood, adolescents need suitable education and support to tackle local and global challenges, including poverty and inequality, discrimination, climate change and environmental degradation, urbanization and migration, ageing societies, pressure to perform in school and escalating humanitarian and security crises. Growing up in more heterogeneous and multi-ethnic societies, as a consequence of increased global migration, also requires greater capacities for understanding, tolerance and coexistence. Investment is needed in measures to strengthen the capacities of adolescents to overcome or mitigate those challenges, address the societal drivers serving to exclude and marginalize them and equip them to face challenging and changing social, economic and digital environments.","labels":["Adolescents","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. The case for a focus on adolescents","Challenging environment"]},{"id":"crc-c-gc-20-0013","docId":"crc-c-gc-20","idx":13,"n":13,"text":"13. Although adolescence is generally characterized by relatively low mortality compared to other age groups, the risk of death and disease during the adolescent years is real, including from preventable causes such as childbirth, unsafe abortions, road traffic accidents, sexually transmitted infections, including HIV, interpersonal injuries, mental ill health and suicide, all of which are associated with certain behaviours and require cross-sectoral collaboration.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["III. The case for a focus on adolescents","Period of health risks"]},{"id":"crc-c-gc-20-0014","docId":"crc-c-gc-20","idx":14,"n":14,"text":"14. The general principles of the Convention provide the lens through which the process of implementation should be viewed, and act as a guide for determining the measures needed to guarantee the realization of the rights of children during adolescence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention"]},{"id":"crc-c-gc-20-0015","docId":"crc-c-gc-20","idx":15,"n":15,"text":"15. The Committee emphasizes the importance of valuing adolescence and its associated characteristics as a positive developmental stage of childhood. It regrets the widespread negative characterization of adolescence leading to narrow problem-focused interventions and services, rather than a commitment to building optimum environments to guarantee the rights of adolescents and support the development of their physical, psychological, spiritual, social, emotional, cognitive, cultural and economic capacities.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","A. Right to development","Positive and holistic approach"]},{"id":"crc-c-gc-20-0016","docId":"crc-c-gc-20","idx":16,"n":16,"text":"16. States, together with non-State actors, through dialogue and engagement with adolescents themselves, should promote environments that acknowledge the intrinsic value of adolescence and introduce measures to help them to thrive, explore their emerging identities, beliefs, sexualities and opportunities, balance risk and safety, build capacity for making free, informed and positive decisions and life choices, and successfully navigate the transition into adulthood. An approach is required that builds on strengths and recognizes the contribution that adolescents can bring to their lives and those of others, while addressing the barriers that inhibit those opportunities.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","A. Right to development","Positive and holistic approach"]},{"id":"crc-c-gc-20-0017","docId":"crc-c-gc-20","idx":17,"n":17,"text":"17. Factors known to promote the resilience and healthy development of adolescents include: (a) strong relationships with and support from the key adults in their lives; (b) opportunities for participation and decision-making; (c) problem-solving and coping skills; (d) safe and healthy local environments; (e) respect for individuality; and (f) opportunities for building and sustaining friendships. The Committee emphasizes that opportunities for adolescents to build and benefit from such social assets will enhance their capacities to contribute to the realization of their rights, including by maintaining good physical and mental health, avoiding risky behaviour, recovering from adversity, succeeding in school, showing tolerance, creating friendships and exercising leadership.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","A. Right to development","Positive and holistic approach"]},{"id":"crc-c-gc-20-0018","docId":"crc-c-gc-20","idx":18,"n":18,"text":"18. Article 5 of the Convention requires that parental direction and guidance be provided in a manner consistent with the evolving capacities of the child. The Committee defines evolving capacities as an enabling principle that addresses the process of maturation and learning through which children progressively acquire competencies, understanding[[fn:3]] and increasing levels of agency to take responsibility and exercise their rights. The Committee has argued that the more a child knows and understands, the more his or her parents will have to transform direction and guidance into reminders and gradually to an exchange on an equal footing.[[fn:4]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":3,"text":"Ibid., para. 17."},{"n":4,"text":"See general comment No. 12 (2009) on the right of the child to be heard, para. 84."}],"section":["IV. General principles of the Convention","A. Right to development","Respect for evolving capacities"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-20-0019","docId":"crc-c-gc-20","idx":19,"n":19,"text":"19. The Committee emphasizes that the right to exercise increasing levels of responsibility does not obviate States’ obligations to guarantee protection.[[fn:5]] Gradual emergence from the protection of the family or another care environment, together with relative inexperience and lack of power, can render adolescents vulnerable to violations of their rights. The Committee stresses that engaging adolescents in the identification of potential risks and the development and implementation of programmes to mitigate them will lead to more effective protection. By being guaranteed the right to be heard, to challenge rights violations and to seek redress, adolescents are enabled to exercise agency progressively in their own protection.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":5,"text":"See, e.g., articles 32-39 of the Convention."}],"section":["IV. General principles of the Convention","A. Right to development","Respect for evolving capacities"]},{"id":"crc-c-gc-20-0020","docId":"crc-c-gc-20","idx":20,"n":20,"text":"20. In seeking to provide an appropriate balance between respect for the evolving capacities of adolescents and appropriate levels of protection, consideration should be given to a range of factors affecting decision-making, including the level of risk involved, the potential for exploitation, understanding of adolescent development, recognition that competence and understanding do not necessarily develop equally across all fields at the same pace and recognition of individual experience and capacity.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","A. Right to development","Respect for evolving capacities"]},{"id":"crc-c-gc-20-0021","docId":"crc-c-gc-20","idx":21,"n":21,"text":"21. The Committee has identified multiple forms of discrimination, many of which have particular implications in adolescence and necessitate an intersectional analysis and targeted holistic measures.[[fn:6]] Adolescence itself can be a source of discrimination. During this period, adolescents may be treated as dangerous or hostile, incarcerated, exploited or exposed to violence as a direct consequence of their status. Paradoxically, they are also often treated as incompetent and incapable of making decisions about their lives. The Committee urges States to ensure that all of the rights of every adolescent boy and girl are afforded equal respect and protection and that comprehensive and appropriate affirmative action measures are introduced in order to diminish or eliminate conditions that result in direct or indirect discrimination against any group of adolescents on any grounds.[[fn:7]] States are reminded that not every differentiation of treatment will constitute discrimination, if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose that is legitimate under the Convention.[[fn:8]]","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":6,"text":"See www2.ohchr.org/english/issues/women/rapporteur/docs/15YearReviewofVAWMandate.pdf."},{"n":7,"text":"See general comment No. 5 (2003) on general measures of implementation of the Convention, para. 12."},{"n":8,"text":"See Human Rights Committee general comment No. 18 (1989) on non-discrimination, para. 147."}],"section":["IV. General principles of the Convention","B. Non-discrimination"]},{"id":"crc-c-gc-20-0022","docId":"crc-c-gc-20","idx":22,"n":22,"text":"22. The right of the child to have his or her best interests taken into account as a primary consideration is a substantive right, an interpretative legal principle and a rule of procedure, and it applies to children both as individuals and as a group.[[fn:9]] All measures of implementation of the Convention, including legislation, policies, economic and social planning, decision-making and budgetary decisions, should follow procedures that ensure that the best interests of the child, including adolescents, are taken as a primary consideration in all actions concerning them. In the light of its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee stresses that, when determining best interests, the child’s views should be taken into account, consistent with their evolving capacities[[fn:10]] and taking into consideration the child’s characteristics. States parties need to ensure that appropriate weight is afforded to the views of adolescents as they acquire understanding and maturity.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":9,"text":"See Committee on the Rights of the Child general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, para. 6."},{"n":10,"text":"See general comment No. 12, paras. 70-74, and No. 14, paras. 43-45."}],"section":["IV. General principles of the Convention","C. Best interests"]},{"id":"crc-c-gc-20-0023","docId":"crc-c-gc-20","idx":23,"n":23,"text":"23. In accordance with article 12 of the Convention, States parties should introduce measures to guarantee adolescents the right to express views on all matters of concern to them, in accordance with their age and maturity, and ensure they are given due weight, for example, in decisions relating to their education, health, sexuality, family life and judicial and administrative proceedings. States should ensure that adolescents are involved in the development, implementation and monitoring of all relevant legislation, policies, services and programmes affecting their lives, at school and at the community, local, national and international levels.[[fn:11]] The online environment provides significant emerging opportunities for strengthening and expanding their engagement. The measures should be accompanied by the introduction of safe and accessible complaint and redress mechanisms with the authority to adjudicate claims made by adolescents, and by access to subsidized or free legal services and other appropriate assistance.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":11,"text":"See general comment, No. 12, para. 27."}],"section":["IV. General principles of the Convention","D. Right to be heard and to participation"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-20-0024","docId":"crc-c-gc-20","idx":24,"n":24,"text":"24. The Committee emphasizes the importance of participation as a means of political and civil engagement through which adolescents can negotiate and advocate for the realization of their rights, and hold States accountable. States should adopt policies to increase opportunities for political participation, which is instrumental in the development of active citizenship. Adolescents can connect with peers, engage in political processes and increase their sense of agency to make informed decisions and choices, and therefore need to be supported in forming organizations through which they can participate in a variety of means, including digital media. If States decide to lower the voting age to under 18 years, they should invest in measures that support adolescents to understand, recognize and fulfil their role as active citizens, including through citizenship and human rights education and by identifying and addressing barriers to their engagement and participation.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","D. Right to be heard and to participation"]},{"id":"crc-c-gc-20-0025","docId":"crc-c-gc-20","idx":25,"n":25,"text":"25. The Committee notes that adults’ understanding and awareness of adolescents’ right to participation is important for adolescents’ enjoyment of that right, and it encourages States to invest in training and awareness-raising, particularly for parents and caregivers, professionals working with and for adolescents, policymakers and decision makers. Support is needed to enable adults to become mentors and facilitators so that adolescents can take greater responsibility for their own lives and the lives of those around them.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IV. General principles of the Convention","D. Right to be heard and to participation"]},{"id":"crc-c-gc-20-0026","docId":"crc-c-gc-20","idx":26,"n":26,"text":"26. Certain groups of adolescents may be particularly subject to multiple vulnerabilities and violations of their rights, including discrimination and social exclusion. All measures taken in respect of legislation, policies and programmes focused on adolescents should take into consideration intersecting violations of rights and the compounded negative effects on the adolescents concerned.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention"]},{"id":"crc-c-gc-20-0027","docId":"crc-c-gc-20","idx":27,"n":27,"text":"27. During adolescence, gender inequalities become more significant. Manifestations of discrimination, inequality and stereotyping against girls often intensify, leading to more serious violations of their rights, including child and forced marriage, early pregnancy, female genital mutilation, gender-based physical, mental and sexual violence, abuse, exploitation and trafficking.[[fn:12]] Cultural norms ascribing lower status to girls can increase the likelihood of confinement to the home, lack of access to secondary and tertiary education, limited opportunities for leisure, sport, recreation and income generation, lack of access to cultural life and the arts, burdensome domestic chores and childcare responsibilities. In many countries, girls report lower levels of health and life satisfaction indicators than boys, a difference that gradually increases with age.","labels":["Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":12,"text":"See A/HRC/26/22, para. 21."}],"section":["V. Adolescents requiring particular attention","Girls"]},{"id":"crc-c-gc-20-0028","docId":"crc-c-gc-20","idx":28,"n":28,"text":"28. States need to invest in proactive measures to promote the empowerment of girls, challenge patriarchal and other harmful gender norms and stereotyping and legal reforms in order to address direct and indirect discrimination against girls, in cooperation with all stakeholders, including civil society, women and men, traditional and religious leaders and adolescents themselves. Explicit measures are needed in all laws, policies and programmes to guarantee the rights of girls on an equal basis with boys.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Girls"]},{"id":"crc-c-gc-20-0029","docId":"crc-c-gc-20","idx":29,"n":29,"text":"29. Traditional concepts of masculinity and gender norms linked to violence and dominance can compromise boys’ rights. These include the imposition of harmful initiation rites, exposure to violence, gangs, coercion into militia, extremist groups and trafficking. The denial of their vulnerability to physical and sexual abuse and exploitation also poses pervasive and significant barriers to boys gaining access to sexual and reproductive health information, goods and services, and a consequent lack of protective services.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Boys"]},{"id":"crc-c-gc-20-0030","docId":"crc-c-gc-20","idx":30,"n":30,"text":"30. The Committee urges States to introduce measures to address such rights violations, and encourages them to challenge negative perceptions of boys, promote positive masculinities, overcome cultural values based on machismo and promote greater recognition of the gender dimension of the abuses they experience. States should also recognize the importance of engaging with boys and men, as well as girls and women, in all measures introduced to achieve gender equality.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Boys"]},{"id":"crc-c-gc-20-0031","docId":"crc-c-gc-20","idx":31,"n":31,"text":"31. The Committee has previously highlighted the widespread prejudice, exclusion, social isolation and discrimination faced by many children with disabilities.[[fn:13]] Adolescents with disabilities are, in many States, commonly excluded from opportunities available to other adolescents. They can be barred from participating in social, cultural and religious rites of passage. Significant numbers are denied access to secondary or tertiary education or vocational training, and consequent acquisition of the social, educational and economic skills necessary for future employment and freedom from poverty. They are widely denied access to sexual and reproductive health information and services and may be subjected to forced sterilization or contraception, which is in direct violation of their rights and can amount to torture or ill-treatment.[[fn:14]] Adolescents with disabilities are disproportionately vulnerable to physical and sexual violence, as well as child or forced marriage, and are routinely denied access to justice or redress.[[fn:15]]","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":13,"text":"See general comment No. 9 (2006) on the rights of children with disabilities, paras. 8-10."},{"n":14,"text":"See A/HRC/22/53."},{"n":15,"text":"See A/66/230, paras. 44-49."}],"section":["V. Adolescents requiring particular attention","Adolescents with disabilities"]},{"id":"crc-c-gc-20-0032","docId":"crc-c-gc-20","idx":32,"n":32,"text":"32. States parties should introduce measures to overcome such barriers, guarantee equal respect for the rights of adolescents with disabilities, promote their full inclusion and facilitate effective transitions from adolescence to adulthood, consistent with article 23 of the Convention and the recommendations in general comment No. 9 (2006) on the rights of children with disabilities. Adolescents with disabilities should, in addition, be provided with opportunities for supported decision-making in order to facilitate their active participation in all matters concerning them.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Adolescents with disabilities"],"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-20-0033","docId":"crc-c-gc-20","idx":33,"n":33,"text":"33. Adolescents who are lesbian, gay, bisexual, transgender and intersex commonly face persecution, including abuse and violence, stigmatization, discrimination, bullying, exclusion from education and training, as well as a lack of family and social support, or access to sexual and reproductive health services and information.[[fn:16]] In extreme cases, they face sexual assault, rape and even death. These experiences have been linked to low self-esteem, higher rates of depression, suicide and homelessness.[[fn:17]]","labels":["LGBTI+"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":16,"text":"See statement dated 13 May 2015 by the Committee of the Rights of the Child and other United Nations and regional human rights mechanisms, available from www.ohchr.org/EN/NewsEvents/ Pages/DisplayNews.aspx?NewsID=15941&LangID=E."},{"n":17,"text":"Ibid."}],"section":["V. Adolescents requiring particular attention","Lesbian, gay, bisexual, transgender and intersex adolescents"]},{"id":"crc-c-gc-20-0034","docId":"crc-c-gc-20","idx":34,"n":34,"text":"34. The Committee emphasizes the rights of all adolescents to freedom of expression and respect for their physical and psychological integrity, gender identity and emerging autonomy. It condemns the imposition of so-called “treatments” to try to change sexual orientation and forced surgeries or treatments on intersex adolescents. It urges States to eliminate such practices, repeal all laws criminalizing or otherwise discriminating against individuals on the basis of their sexual orientation, gender identity or intersex status and adopt laws prohibiting discrimination on those grounds. States should also take effective action to protect all lesbian, gay, bisexual, transgender and intersex adolescents from all forms of violence, discrimination or bullying by raising public awareness and implementing safety and support measures.","labels":["Women/girls","Adolescents","LGBTI+"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Lesbian, gay, bisexual, transgender and intersex adolescents"]},{"id":"crc-c-gc-20-0035","docId":"crc-c-gc-20","idx":35,"n":35,"text":"35. The inadequate attention paid to and the insufficient respect shown for the cultures, values and world vision of adolescents from minority and indigenous groups can lead to discrimination, social exclusion, marginalization and non-inclusion in public spaces. This increases the vulnerability of minority and indigenous adolescents to poverty, social injustice, mental health issues, including disproportionately high suicide rates, poor educational outcomes and high levels of detention within the criminal justice system.","labels":["Indigenous peoples","Adolescents","Persons living in poverty","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Minority and indigenous adolescents"]},{"id":"crc-c-gc-20-0036","docId":"crc-c-gc-20","idx":36,"n":36,"text":"36. The Committee urges States parties to introduce measures to support adolescents from minority and indigenous communities so that they can enjoy their cultural identities and build on the strengths of their cultures to become active contributors to family and community life, paying particular attention to the rights of adolescent girls. In so doing, States should address the comprehensive recommendations contained in the Committee’s general comment No. 11 (2009) on indigenous children and their rights under the Convention.","labels":["Indigenous peoples","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["V. Adolescents requiring particular attention","Minority and indigenous adolescents"]},{"id":"crc-c-gc-20-0037","docId":"crc-c-gc-20","idx":37,"n":37,"text":"In accordance with general comments No. 5 (2003) on general measures of implementation of the Convention (arts. 4, 42 and 44, para. 6) and No. 19 (2016) on public budgeting for the realization of children’s rights (art. 4), the Committee draws attention to States parties’ obligations to implement the following measures to establish the framework for the realization of the rights of children during adolescence. The experience and perspectives of adolescents themselves should be fully recognized and taken seriously in the development of all such measures, including: (a) Comprehensive and multisectoral national strategies rooted in the Convention, with a dedicated focus on adolescents, to address the structural social and economic roots underlying the rights violations adolescents face and ensure a coordinated approach across government ministries; (b) Monitoring implementation to ensure that the rights of adolescents are respected in legislation, policy and services; (c) Collecting data disaggregated at a minimum by age, sex, disability, ethnicity and socioeconomic condition, to render the lives of adolescents visible, the Committee recommends that States agree on common indicators against which to monitor progress in the implementation of adolescents’ rights; (d) Transparent budgetary commitments to ensure that adolescents are duly considered when balancing competing spending priorities and complying with the principles of sufficiency, effectiveness, efficiency and equality; (e) Training for all professionals working with and for adolescents on the Convention and its associated obligations, with a focus on the competencies needed to work with adolescents in accordance with their evolving capacities; (f) Dissemination of accessible information about children’s rights and how to exercise them through, inter alia, the school curriculum, the media, including digital media, and public information materials, making particular efforts to reach out to adolescents in marginalized situations.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VI. General measures of implementation"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-20-0038","docId":"crc-c-gc-20","idx":38,"n":38,"text":"38. The Convention prohibits any gender-based discrimination, and age limits should be equal for girls and boys.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VII. Definition of the child"]},{"id":"crc-c-gc-20-0039","docId":"crc-c-gc-20","idx":39,"n":39,"text":"39. States should review or introduce legislation recognizing the right of adolescents to take increasing responsibility for decisions affecting their lives. The Committee recommends that States introduce minimum legal age limits, consistent with the right to protection, the best interests principle and respect for the evolving capacities of adolescents. For example, age limits should recognize the right to make decisions in respect of health services or treatment, consent to adoption, change of name or applications to family courts. In all cases, the right of any child below that minimum age and able to demonstrate sufficient understanding to be entitled to give or refuse consent should be recognized. The voluntary and informed consent of the adolescent should be obtained whether or not the consent of a parent or guardian is required for any medical treatment or procedure. Consideration should also be given to the introduction of a legal presumption that adolescents are competent to seek and have access to preventive or time-sensitive sexual and reproductive health commodities and services. The Committee emphasizes that all adolescents have the right to have access to confidential medical counselling and advice without the consent of a parent or guardian, irrespective of age, if they so wish. This is distinct from the right to give medical consent and should not be subject to any age limit.[[fn:18]]","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":18,"text":"See general comment No. 12, para. 101."}],"section":["VII. Definition of the child"]},{"id":"crc-c-gc-20-0040","docId":"crc-c-gc-20","idx":40,"n":40,"text":"40. The Committee reminds States parties of the obligation to recognize that persons up to the age of 18 years are entitled to continuing protection from all forms of exploitation and abuse. It reaffirms that the minimum age limit should be 18 years for marriage, recruitment into the armed forces, involvement in hazardous or exploitative work and the purchase and consumption of alcohol and tobacco, in view of the degree of associated risk and harm. States parties should take into account the need to balance protection and evolving capacities, and define an acceptable minimum age when determining the legal age for sexual consent. States should avoid criminalizing adolescents of similar ages for factually consensual and non-exploitative sexual activity.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VII. Definition of the child"]},{"id":"crc-c-gc-20-0041","docId":"crc-c-gc-20","idx":41,"n":41,"text":"41. The lack of birth registration can result in significant additional complications during adolescence, such as the denial of basic services, the inability to prove nationality or receive an identification document, a heightened risk of being exploited or trafficked, a lack of necessary safeguards in the criminal justice and immigration systems and the underage conscription into the armed forces. Adolescents who have not been registered at birth or immediately after should be provided with free late birth certificates and civil registration.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VIII. Civil rights and freedoms","Birth registration"]},{"id":"crc-c-gc-20-0042","docId":"crc-c-gc-20","idx":42,"n":42,"text":"42. Article 13 of the Convention affirms that children have the right to freedom of expression and that the exercise of that right may be subject only to the restrictions set out in article 13 (2). The obligation of parents and caregivers to provide appropriate guidance in accordance with the evolving capacities of adolescents should not interfere with adolescents’ right to freedom of expression. Adolescents have the right to seek, receive and impart information and ideas and use the means of their dissemination, including spoken, written and sign language and such non-verbal expression as images and objects of art. Means of expression include, for example, books, newspapers, pamphlets, posters, banners, digital and audiovisual media, as well as dress and personal style.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VIII. Civil rights and freedoms","Freedom of expression"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"13","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-20-0043","docId":"crc-c-gc-20","idx":43,"n":43,"text":"43. The Committee urges States parties to withdraw any reservations to article 14 of the Convention, which highlights the right of the child to freedom of religion and recognizes the rights and duties of parents and guardians to provide direction to the child in a manner consistent with his or her evolving capacities (see also art. 5). In other words, it is the child who exercises the right to freedom of religion, not the parent, and the parental role necessarily diminishes as the child acquires an increasingly active role in exercising choice throughout adolescence. Freedom of religion should be respected in schools and other institutions, including with regard to choice over attendance in religious instruction classes, and discrimination on the grounds of religious beliefs should be prohibited.[[fn:19]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":19,"text":"See, for example, CRC/C/15/Add.194, paras. 32 and 33, and CRC/C/15/Add.181, paras. 29 and 30."}],"section":["VIII. Civil rights and freedoms","Freedom of religion"],"citedArticles":[{"treaty":"CRC","article":"14","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-20-0044","docId":"crc-c-gc-20","idx":44,"n":44,"text":"44. Adolescents want and need to spend an increasing amount of time with their peers. The associated benefits are not merely social but also contribute towards competencies that are foundational for successful relationships, employment and community participation, building, inter alia, emotional literacy, a sense of belonging, skills such as conflict resolution and strengthened trust and intimacy. Association with peers is a major building block in adolescent development, the value of which should be recognized within the school and learning environment, recreational and cultural activities and opportunities for social, civic, religious and political engagement.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VIII. Civil rights and freedoms","Freedom of association"]},{"id":"crc-c-gc-20-0045","docId":"crc-c-gc-20","idx":45,"n":45,"text":"45. States should guarantee that adolescents’ right to freedom of association and peaceful assembly in all its forms is fully respected, consistent with the restrictions delineated in article 15 (2) of the Convention, including through the provision of safe spaces for both girls and boys. Legal recognition should be afforded to adolescents to establish their own associations, clubs, organizations, parliaments and forums, both in and out of school, form online networks, join political parties and join or form their own trade unions. Measures should also be introduced to protect adolescent human rights defenders, particularly girls, who often face gender-specific threats and violence.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VIII. Civil rights and freedoms","Freedom of association"],"citedArticles":[{"treaty":"CRC","article":"15","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-20-0046","docId":"crc-c-gc-20","idx":46,"n":46,"text":"46. The right to privacy takes on increasing significance during adolescence. The Committee has repeatedly raised concerns about violations of privacy in respect of, for example, confidential medical advice; space for and belongings of adolescents in institutions; correspondence and other communications, either in the family or other forms of care; and exposure of those involved in criminal proceedings.[[fn:20]] The right to privacy also entitles adolescents to have access to their records held by educational, health-care, childcare and protection services and justice systems. Such information should only be accessible in compliance with due process guarantees and to individuals authorized by law to receive and use it.[[fn:21]] States should, through dialogue with adolescents, ascertain where breaches of privacy have taken place, including in relation to personal engagement in the digital environment and the use of data by commercial and other entities. States should also take all appropriate measures to strengthen and ensure respect for the confidentiality of data and the privacy of adolescents, consistent with their evolving capacities.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":20,"text":"See United Nations Children’s Fund (UNICEF), Implementation Handbook on the Convention on the Rights of the Child (2007), pp. 203-211. Available from www.unicef.org/publications/files/ Implementation_Handbook_for_the_Convention_on_the_Rights_of_the_Child_Part_1_of_3.pdf."},{"n":21,"text":"See Human Rights Committee general comment No. 16 (1988) on the right to privacy, paras. 2-4."}],"section":["VIII. Civil rights and freedoms","Privacy and confidentiality"]},{"id":"crc-c-gc-20-0047","docId":"crc-c-gc-20","idx":47,"n":47,"text":"47. Access to information encompasses all forms of media but particular attention needs to be given to the digital environment, as adolescents increasingly use mobile technology and as social and digital media become the primary means through which they communicate and receive, create and disseminate information. Adolescents use the online environment, inter alia, to explore their identity, learn, participate, express opinions, play, socialize, engage politically and discover employment opportunities. In addition, the Internet provides opportunities for gaining access to online health information, protective support and sources of advice and counselling and can be utilized by States as a means of communicating and engaging with adolescents. The ability to access relevant information can have a significant positive impact on equality. The recommendations from the days of general discussion on the media in 1996 and 2014 have particular resonance for adolescents.[[fn:22]] States should adopt measures to ensure that all adolescents have access, without discrimination, to different forms of media and support and promote equal access to digital citizenship, including through the promotion of accessible formats for adolescents with disabilities. Training and support should be provided as part of the basic education curriculum to ensure the development of adolescents’ digital, information and media and social literacy skills.[[fn:23]]","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":22,"text":"For 2014 discussion, see www.ohchr.org/Documents/HRBodies/CRC/Discussions/ 2014/DGD_report.pdf; for 1996 discussion, see www.ohchr.org/Documents/HRBodies/CRC/ Discussions/Recommendations/Recommendations1996.pdf."},{"n":23,"text":"See www.ohchr.org/Documents/HRBodies/CRC/Discussions/2014/DGD_report.pdf, para. 95."}],"section":["VIII. Civil rights and freedoms","Right to information"]},{"id":"crc-c-gc-20-0048","docId":"crc-c-gc-20","idx":48,"n":48,"text":"48. The digital environment can also expose adolescents to risks, such as online fraud, violence and hate speech, sexist speech against girls and lesbian, gay, bisexual, transgender and intersex adolescents, cyberbullying, grooming for sexual exploitation, trafficking and child pornography, over-sexualization and targeting by armed or extremist groups. This should not however restrict adolescents’ access to the digital environment. Instead, their safety should be promoted through holistic strategies, including digital literacy with regard to online risks and strategies for keeping them safe, strengthened legislation and law enforcement mechanisms to tackle abuse online and fight impunity, and training parents and professionals who work with children. States are urged to ensure the active engagement of adolescents in the design and implementation of initiatives aimed at fostering online safety, including through peer mentoring. Investment is needed in the development of technological solutions on prevention and protection and the availability of assistance and support. States are encouraged to require businesses to undertake child-rights due diligence with a view to identifying, preventing and mitigating the impact of risks on children’s rights when using digital media and information and communications technology.","labels":["Women/girls","Children","Adolescents","LGBTI+"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["VIII. Civil rights and freedoms","Right to information"]},{"id":"crc-c-gc-20-0049","docId":"crc-c-gc-20","idx":49,"n":49,"text":"49. The Committee refers States parties to the recommendations in general comments No. 13 (2011) on the right of the child to freedom from all forms of violence and No. 18 (2014) on harmful practices for comprehensive legislative, administrative, social and educational measures to bring an end to all forms of violence, including a legal prohibition on corporal punishment in all settings, and to transform and bring an end to all harmful practices. States parties need to create more opportunities for scaling up institutional programmes on prevention and rehabilitation, and the social reintegration of adolescent victims. The Committee highlights the need to involve adolescents in the development of prevention strategies and protective responses to victims of violence.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["IX. Violence against children","Protection from all forms of violence"]},{"id":"crc-c-gc-20-0050","docId":"crc-c-gc-20","idx":50,"n":50,"text":"50. The role of parents and caregivers in providing security, emotional stability, encouragement and protection to children remains important throughout adolescence. The Committee emphasizes that States’ obligations to render appropriate assistance to parents and caregivers, as outlined in articles 18 (2) and (3) of the Convention, and to assist parents in providing the support and living conditions necessary for optimum development consistent with article 27 (2), have equal application to parents of adolescents. Such support should respect the rights and evolving capacities of adolescents and the increasing contribution they make to their own lives. States should ensure that they do not, in the name of traditional values, tolerate or condone violence, reinforce unequal power relations within family settings and, therefore, deprive adolescents of the opportunity to exercise their basic rights.[[fn:24]]","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":24,"text":"See A/HRC/32/32."}],"section":["X. Family environment and alternative care","Support for parents and caregivers"],"citedArticles":[{"treaty":"CRC","article":"18","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"27","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-20-0051","docId":"crc-c-gc-20","idx":51,"n":51,"text":"51. The Committee draws States parties’ attention to the significance of a growing divide between the environments in which adolescents live, characterized by the digital era and globalization, and those in which their parents or caregivers grew up. Adolescents are exposed to and inevitably influenced by a global commercial world, unmediated or regulated by parental or community values, that can inhibit intergenerational understanding. This changing context poses challenges to the capacity of parents and caregivers to communicate effectively with adolescents and provide guidance and protection in a manner that takes into account the current realities of their lives. The Committee recommends that States undertake research with adolescents and their parents and caregivers into the nature of guidance, assistance, training and support needed to help address the intergenerational divergence of experience.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["X. Family environment and alternative care","Support for parents and caregivers"]},{"id":"crc-c-gc-20-0052","docId":"crc-c-gc-20","idx":52,"n":52,"text":"52. There is significant evidence of poor outcomes for adolescents in large long-term institutions, as well as in other forms of alternative care, such as fostering and small group care, albeit to a much lesser degree. These adolescents experience lower educational attainment, dependency on social welfare and higher risk of homelessness, imprisonment, unwanted pregnancy, early parenthood, substance misuse, self-harm and suicide. Adolescents in alternative care are commonly required to leave once they reach 16-18 years of age and are particularly vulnerable to sexual abuse and exploitation, trafficking and violence as they lack support systems or protection and have been afforded no opportunities to acquire the skills and capacities to protect themselves. Those with disabilities are often denied opportunities for community living and are transferred to adult institutions, where they are at increased risk of being subjected to continuing violations of their rights.","labels":["Adolescents","Persons with disabilities","Persons living in poverty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["X. Family environment and alternative care","Adolescents in alternative care"]},{"id":"crc-c-gc-20-0053","docId":"crc-c-gc-20","idx":53,"n":53,"text":"53. States should commit strongly to and invest more in supporting adolescents in alternative care. Preference for foster and small homes needs to be complemented with the measures necessary to tackle discrimination, ensure regular reviews of adolescents’ individual situations, support their education, give them a real voice in the processes affecting them and avoid multiple moves. States are urged to ensure that institutionalization is used only as a measure of last resort and to ensure the appropriate protection of all children living in institutions, including through access to confidential complaints mechanisms and justice. States should also adopt measures to support the independence and improve the life chances of adolescents in alternative care and address the particular vulnerabilities and insecurities they face as they become old enough to leave such care.","labels":["Children","Adolescents","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["X. Family environment and alternative care","Adolescents in alternative care"]},{"id":"crc-c-gc-20-0054","docId":"crc-c-gc-20","idx":54,"n":54,"text":"54. Adolescents leaving alternative care require support in preparing for the transition, gaining access to employment, housing and psychological support, participating in rehabilitation with their families where that is in their best interest and gaining access to after-care services consistent with the Guidelines for the Alternative Care of Children.[[fn:25]]","labels":["Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":25,"text":"General Assembly resolution 64/142, annex. See also Committee on the Rights of the Child general comment No. 9."}],"section":["X. Family environment and alternative care","Adolescents in alternative care"]},{"id":"crc-c-gc-20-0055","docId":"crc-c-gc-20","idx":55,"n":55,"text":"55. A significant number of adolescents are the primary caregivers of their families, either because they themselves are parents or because their parents have died or disappeared or are absent. Articles 24 and 27 of the Convention require that adolescent parents and caregivers be provided with basic knowledge of child health, nutrition and breastfeeding, and appropriate support to assist them in fulfilling their responsibilities towards the children they are responsible for and, when needed, material assistance with regard to nutrition, clothing and housing. Adolescent caregivers need extra support in order to enjoy their rights to education, play and participation. In particular, States should introduce social protection interventions at key stages of the life cycle and respond to the specific requirements of adolescent caregivers.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["X. Family environment and alternative care","Adolescent-headed families"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-20-0056","docId":"crc-c-gc-20","idx":56,"n":56,"text":"56. Health services are rarely designed to accommodate the specific health needs of adolescents, a problem that is compounded by the lack of demographic and epidemiological data and statistics disaggregated by age, sex and disability. When adolescents seek help, they often experience legal and financial barriers, discrimination, lack of confidentiality and respect, violence and abuse, stigma and judgmental attitudes from health-care personnel.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0057","docId":"crc-c-gc-20","idx":57,"n":57,"text":"57. Adolescents’ health outcomes are predominantly a consequence of social and economic determinants and structural inequalities, mediated by behaviour and activity, at the individual, peer, family, school, community and societal levels. Accordingly, States parties, in collaboration with adolescents, should undertake comprehensive multi-stakeholder reviews of the nature and extent of adolescent health problems and the barriers they face in gaining access to services, as a basis for future comprehensive health policies, programmes and public health strategies.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0058","docId":"crc-c-gc-20","idx":58,"n":58,"text":"58. Mental health and psychosocial problems, such as suicide, self-harm, eating disorders and depression, are primary causes of ill health, morbidity and mortality among adolescents, particularly among those in vulnerable groups.[[fn:26]] Such problems arise from a complex interplay of genetic, biological, personality and environmental causes and are compounded by, for example, experiences of conflict, displacement, discrimination, bullying and social exclusion, as well as pressures concerning body image and a culture of “perfection”. The factors known to promote resilience and healthy development and to protect against mental ill health include strong relationships with and support from key adults, positive role models, a suitable standard of living, access to quality secondary education, freedom from violence and discrimination, opportunities for influence and decision-making, mental health awareness, problem-solving and coping skills and safe and healthy local environments. The Committee emphasizes that States should adopt an approach based on public health and psychosocial support rather than overmedicalization and institutionalization. A comprehensive multisectoral response is needed, through integrated systems of adolescent mental health care that involve parents, peers, the wider family and schools and the provision of support and assistance through trained staff.[[fn:27]]","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":26,"text":"See general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 38."},{"n":27,"text":"See A/HRC/32/32."}],"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0059","docId":"crc-c-gc-20","idx":59,"n":59,"text":"59. The Committee urges States to adopt comprehensive gender and sexuality-sensitive sexual and reproductive health policies for adolescents, emphasizing that unequal access by adolescents to such information, commodities and services amounts to discrimination.[[fn:28]] Lack of access to such services contributes to adolescent girls being the group most at risk of dying or suffering serious or lifelong injuries in pregnancy and childbirth. All adolescents should have access to free, confidential, adolescent-responsive and non-discriminatory sexual and reproductive health services, information and education, available both online and in person, including on family planning, contraception, including emergency contraception, prevention, care and treatment of sexually transmitted infections, counselling, pre-conception care, maternal health services and menstrual hygiene.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":28,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 29."}],"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0060","docId":"crc-c-gc-20","idx":60,"n":60,"text":"60. There should be no barriers to commodities, information and counselling on sexual and reproductive health and rights, such as requirements for third-party consent or authorization. In addition, particular efforts need to be made to overcome barriers of stigma and fear experienced by, for example, adolescent girls, girls with disabilities and lesbian, gay, bisexual, transgender and intersex adolescents, in gaining access to such services. The Committee urges States to decriminalize abortion to ensure that girls have access to safe abortion and post-abortion services, review legislation with a view to guaranteeing the best interests of pregnant adolescents and ensure that their views are always heard and respected in abortion-related decisions.","labels":["Women/girls","Children","Adolescents","Persons with disabilities","LGBTI+"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0061","docId":"crc-c-gc-20","idx":61,"n":61,"text":"61. Age-appropriate, comprehensive and inclusive sexual and reproductive health education, based on scientific evidence and human rights standards and developed with adolescents, should be part of the mandatory school curriculum and reach out-of-school adolescents. Attention should be given to gender equality, sexual diversity, sexual and reproductive health rights, responsible parenthood and sexual behaviour and violence prevention, as well as to preventing early pregnancy and sexually transmitted infections. Information should be available in alternative formats to ensure accessibility to all adolescents, especially adolescents with disabilities.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0062","docId":"crc-c-gc-20","idx":62,"n":62,"text":"62. Adolescents are the only age group in which death due to AIDS is increasing.[[fn:29]] Adolescents may face challenges in gaining access to antiretroviral treatment and remaining in treatment; the need to gain the consent of guardians in order to access HIV-related services, disclosure and stigma are some barriers. Adolescent girls are disproportionately affected, representing two thirds of new infections. Lesbian, gay, bisexual and transgender adolescents, adolescents who exchange sex for money, goods or favours and adolescents who inject drugs are also at a higher risk of HIV infection.","labels":["Women/girls","Children","Adolescents","LGBTI+","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":29,"text":"See http://apps.who.int/iris/bitstream/10665/112750/1/WHO_FWC_MCA_14.05_eng.pdf?ua=1, p. 3."}],"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0063","docId":"crc-c-gc-20","idx":63,"n":63,"text":"63. The Committee encourages States to recognize adolescents’ diverse realities and ensure that they have access to confidential HIV testing and counselling services and to evidence-based HIV prevention and treatment programmes provided by trained personnel who fully respect the rights of adolescents to privacy and non-discrimination. Health services should include HIV-related information, testing and diagnostics; information on contraception and the use of condoms; care and treatment, including antiretroviral and other medicines and related technologies for the care and treatment of HIV/AIDS; advice on suitable nutrition; spiritual and psychosocial support; and family, community and home-based care. Consideration should be given to reviewing HIV-specific legislation that criminalizes the unintentional transmission of HIV and the non-disclosure of one’s HIV status.","labels":["Adolescents","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Health care"]},{"id":"crc-c-gc-20-0064","docId":"crc-c-gc-20","idx":64,"n":64,"text":"64. Adolescents are more likely to be initiated into drug use and can be at a higher risk of drug-related harm than adults, and drug use initiated in adolescence more often leads to dependence. Those identified at greatest risk of drug-related harm are adolescents in street situations, those excluded from school, those with histories of trauma, family breakdown or abuse, and those living in families coping with drug dependence. States parties have an obligation to protect adolescents from the illicit use of narcotic drugs and psychotropic substances. States parties should ensure adolescents’ right to health in relation to the use of such substances, as well as tobacco, alcohol and solvents, and put in place prevention, harm-reduction and dependence treatment services, without discrimination and with sufficient budgetary allocation. Alternatives to punitive or repressive drug control policies in relation to adolescents are welcome.[[fn:30]] Adolescents should also be provided with accurate and objective information based on scientific evidence aimed at preventing and minimizing harm from substance use.","labels":["Adolescents","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":30,"text":"See A/HRC/32/32."}],"section":["XI. Basic health and welfare","Drug use among adolescents"]},{"id":"crc-c-gc-20-0065","docId":"crc-c-gc-20","idx":65,"n":65,"text":"65. Unintended injuries or injuries due to violence are a leading cause of death and disability among adolescents. Most of the unintentional injuries result from road traffic crashes, drowning, burns, falls and poisoning. To reduce risk, States parties should develop multisectoral strategies that include legislation requiring the use of protective equipment, policies on driving while intoxicated and on licensing, programmes on education, skills development and behaviour change, adaptations to the environment, and the provision of care and rehabilitation services for those who suffer injuries.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Injuries and a safe environment"]},{"id":"crc-c-gc-20-0066","docId":"crc-c-gc-20","idx":66,"n":66,"text":"66. The impact of poverty has profound implications during adolescence, sometimes leading to extreme stress and insecurity and to social and political exclusion. Strategies imposed on or adopted by adolescents to address economic hardship can include dropping out of school, being involved in child or forced marriage, becoming involved in sexual exploitation, trafficking, hazardous or exploitative work or work that interferes with education, becoming members of a gang, being recruited into militias and migrating.","labels":["Children","Adolescents","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Adequate standard of living"]},{"id":"crc-c-gc-20-0067","docId":"crc-c-gc-20","idx":67,"n":67,"text":"67. States are reminded of the right of every child to a suitable standard of living for physical, mental, spiritual, moral and social development, and are urged to introduce social protection floors that provide adolescents and their families with basic income security, protection against economic shocks and prolonged economic crises and access to social services.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XI. Basic health and welfare","Adequate standard of living"]},{"id":"crc-c-gc-20-0068","docId":"crc-c-gc-20","idx":68,"n":68,"text":"68. Guaranteeing the right to universal, quality and inclusive education and training is the single most important policy investment that States can make to ensure the immediate and long-term development of adolescents, and a growing body of evidence testifies to the positive impact of secondary education in particular.[[fn:31]] States are encouraged to introduce widely available secondary education for all as a matter of urgency and to make higher education accessible to all on the basis of capacity by every appropriate means.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":31,"text":"See www.unicef.org/adolescence/files/SOWC_2011_Main_Report_EN_02092011.pdf."}],"section":["XII. Education, leisure and cultural activities","Education"]},{"id":"crc-c-gc-20-0069","docId":"crc-c-gc-20","idx":69,"n":69,"text":"69. The Committee is deeply concerned at the challenges faced by many States to achieve equality in the enrolment of girls and boys and keep girls in school beyond primary education. Investment in girls’ secondary education, a commitment necessary to comply with articles 2, 6 and 28 of the Convention, also serves to protect girls from child and forced marriage, sexual exploitation and early pregnancy, and contributes significantly towards the future economic potential of girls and their children. Investment should also be made in strategies that promote positive gender relations and social norms; address sexual and gender-based violence, including within schools; and promote positive role models, family support and the economic empowerment of women, to overcome the legal, political, cultural, economic and social barriers that represent barriers for girls. Furthermore, States should recognize that a growing number of boys are not enrolling and are not remaining in school, identify the causes and adopt appropriate measures to support boys’ continued participation in education.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XII. Education, leisure and cultural activities","Education"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-20-0070","docId":"crc-c-gc-20","idx":70,"n":70,"text":"70. The Committee notes with concern the numbers of adolescents in marginalized situations who are not given the opportunity to make the transition to secondary education, such as adolescents living in poverty; lesbian, gay, bisexual, transgender and intersex adolescents; adolescents belonging to minorities; adolescents with psychosocial, sensory or physical disabilities; adolescents who are migrating; adolescents in situations of armed conflict or natural disasters; and adolescents in street situations or working. Proactive measures are necessary to end discrimination of marginalized groups in gaining access to education, including by establishing cash transfer programmes, respecting minority and indigenous cultures and children from all religious communities, promoting inclusive education for children with disabilities, combating bullying and discriminatory attitudes within the education system and providing education in refugee camps.","labels":["Refugees & asylum-seekers","Indigenous peoples","Children","Adolescents","Persons in street situations","LGBTI+","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XII. Education, leisure and cultural activities","Education"]},{"id":"crc-c-gc-20-0071","docId":"crc-c-gc-20","idx":71,"n":71,"text":"71. Efforts need to be made to consult adolescents on the barriers impeding their continued participation in school, given the high levels of early school leaving while still illiterate or without obtaining qualifications. The Committee has observed the following contributory factors: fees and associated costs; family poverty and lack of adequate social protection schemes, including adequate health insurance; lack of adequate and safe sanitation facilities for girls; exclusion of pregnant schoolgirls and adolescent mothers; persistent use of cruel, inhuman and degrading punishments; lack of effective measures to eliminate sexual harassment in school; sexual exploitation of girls; environments not conducive to girls’ inclusion and safety; inappropriate teaching pedagogies; irrelevant or outdated curricula; failure to engage students in their own learning; and bullying. In addition, schools often lack the flexibility needed for adolescents to be able to combine work and/or family care responsibilities with their education, without which they may be unable to continue to meet the associated costs of schooling. Consistent with article 28 (1) (e) of the Convention and Sustainable Development Goal 4, States should introduce comprehensive and proactive measures to address all these factors and improve enrolment and attendance, reduce early school leaving and provide opportunities to complete education for those who have left.","labels":["Adolescents","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XII. Education, leisure and cultural activities","Education"],"citedArticles":[{"treaty":"CRC","article":"28","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-20-0072","docId":"crc-c-gc-20","idx":72,"n":72,"text":"72. The Committee draws attention to its general comment No. 1 (2001) on the aims of education, in which it asserts the need for education to be child-centred, child-friendly and empowering and emphasizes the importance of a more collaborative and participatory pedagogy.[[fn:32]] Curricula for secondary education should be designed to equip adolescents for active participation, develop respect for human rights and fundamental freedoms, promote civic engagement and prepare adolescents to lead responsible lives in a free society. To develop adolescents’ fullest potential and keep them in school, consideration should be given to how learning environments are designed, to ensure they capitalize on adolescents’ capacity for learning, motivation to work with peers and empowerment, and focus on experiential learning, exploration and limit testing.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":32,"text":"See Committee on the Rights of the Child general comment No. 1 (2001) on the aims of education, para. 2."}],"section":["XII. Education, leisure and cultural activities","Education"]},{"id":"crc-c-gc-20-0073","docId":"crc-c-gc-20","idx":73,"n":73,"text":"73. Significant numbers of adolescents are not in education, training or employment, leading to disproportionate levels of unemployment, underemployment and exploitation as they move towards adulthood. The Committee urges States to support out-of-school adolescents in a manner appropriate to their age to facilitate the transition to decent work, including by ensuring consistency between education and labour laws, and to adopt policies to promote their future employment.[[fn:33]] In line with article 28 (1) (d), States should make educational and vocational information and guidance available and accessible to adolescents.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":33,"text":"Target 8.6 of the Sustainable Development Goals relates to “youth” (adolescents between 15 and 24 years of age). See General Assembly resolution 70/1."}],"section":["XII. Education, leisure and cultural activities","Transitions from education to training and/or decent work"],"citedArticles":[{"treaty":"CRC","article":"28","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-20-0074","docId":"crc-c-gc-20","idx":74,"n":74,"text":"74. Both formal and informal education and training need to be designed for the twenty-first century skills[[fn:34]] required in the modern labour market, including integrating soft and transferrable skills into the curricula; expanding opportunities for experiential or practical learning; developing vocational training based on labour market demand; establishing public-private sector partnerships for entrepreneurship, internships and apprenticeships; and providing guidance on academic and vocational opportunities. States should also disseminate information on employment rights, including rights in relation to membership in trade unions and professional associations.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":34,"text":"The term “twenty-first century skills” refers to a broad set of knowledge, skills, work habits and character traits that are believed — by educators, school reformers, college professors, employers and others — to be critically important to success in today’s world, particularly in collegiate programmes and contemporary careers and workplaces."}],"section":["XII. Education, leisure and cultural activities","Transitions from education to training and/or decent work"]},{"id":"crc-c-gc-20-0075","docId":"crc-c-gc-20","idx":75,"n":75,"text":"75. Adolescents’ right to rest and leisure and to engage and participate freely in play, recreational and artistic activities, both online and offline, are fundamental to their exploration of identity, enabling adolescents to explore their culture, forge new artistic forms, create relationships and evolve as human beings. Leisure, recreation and the arts give adolescents a sense of uniqueness that is fundamental to the rights to human dignity, optimum development, freedom of expression, participation and privacy. The Committee notes with regret that those rights are widely neglected in adolescence, especially for girls. Fear of and hostility towards adolescents in public spaces, and a lack of adolescent-friendly urban planning, educational and leisure infrastructure, can inhibit the freedom to engage in recreational activity and sports. The Committee draws the attention of States to the rights embodied in article 31 of the Convention and its recommendations in general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XII. Education, leisure and cultural activities","Leisure, recreation and the arts"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-20-0076","docId":"crc-c-gc-20","idx":76,"n":76,"text":"76. Growing numbers of adolescent girls and boys migrate, either within or outside their country of origin, in search of improved standards of living, education or family reunification. For many, migration offers significant social and economic opportunities. However, it also poses risks, including physical harm, psychological trauma, marginalization, discrimination, xenophobia and sexual and economic exploitation and, when crossing borders, immigration raids and detention.[[fn:35]] Many adolescent migrants are denied access to education, housing, health, recreation, participation, protection and social security. Even where rights to services are protected by laws and policies, adolescents may face administrative and other obstacles in gaining access to such services, including: demands for identity documents or social security numbers; harmful and inaccurate age-determination procedures; financial and linguistic barriers; and the risk that gaining access to services will result in detention or deportation.[[fn:36]] The Committee refers States parties to its comprehensive recommendations elaborated in respect of migrant children.[[fn:37]]","labels":["Migrants","Women/girls","Children","Adolescents","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":35,"text":"See www.ohchr.org/Documents/HRBodies/CRC/Discussions/2012/ DGD2012ReportAndRecommendations.pdf."},{"n":36,"text":"See Fundamental Rights Agency, “Apprehension of migrants in an irregular situation – fundamental rights considerations”, 9 October 2012. Available from https://fra.europa.eu/sites/default/files/fra-2013-apprehension-migrants-irregular-situation_en.pdf."},{"n":37,"text":"See footnote 35 above."}],"section":["XIII. Special protection measures","Migration"]},{"id":"crc-c-gc-20-0077","docId":"crc-c-gc-20","idx":77,"n":77,"text":"77. The Committee stresses that article 22 of the Convention recognizes that refugee and asylum-seeking children require special measures if they are to enjoy their rights and benefit from the additional safeguards given to them through the international refugee protection regime. Those adolescents should not be subjected to expedited removal procedures but rather be considered for entry into the territory and should not be returned or refused entry before a determination of their best interests has been made and a need for international protection has been established. In line with the obligation under article 2 to respect and ensure the rights of every child within their jurisdiction, irrespective of status, States should introduce age- and gender-sensitive legislation governing both unaccompanied and separated refugee and asylum-seeking adolescents, as well as migrants, underpinned by the best interests principle, prioritizing the assessment of protection needs over the determination of immigration status, prohibiting immigration-related detention and referring to the recommendations in general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, addressing the particular vulnerability of those adolescents.[[fn:38]] States should also introduce measures to address the factors driving adolescents to migrate and the vulnerabilities and rights violations faced by adolescents left behind when parents migrate, including dropping out of school, child labour, vulnerability to violence and criminal activities and burdensome domestic responsibilities.","labels":["Refugees & asylum-seekers","Children","Adolescents","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":38,"text":"See general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin."}],"section":["XIII. Special protection measures","Migration"],"citedArticles":[{"treaty":"CRC","article":"22","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-20-0078","docId":"crc-c-gc-20","idx":78,"n":78,"text":"78. Many adolescents are at risk of being trafficked for economic reasons or for sexual exploitation. States are urged to establish a comprehensive and systematic mechanism for collecting data on the sale of, trafficking in and abduction of children, ensuring that the data is disaggregated and paying particular attention to children living in the most vulnerable situations. States should also invest in rehabilitation and reintegration services and psychosocial support for child victims. Attention should be paid to the gender-based dimensions of vulnerability and exploitation. Awareness-raising activities, including through social media, need to be conducted in order to make parents and children aware of the dangers of both domestic and international trafficking. States are urged to ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and to harmonize legislation accordingly.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Trafficking"]},{"id":"crc-c-gc-20-0079","docId":"crc-c-gc-20","idx":79,"n":79,"text":"79. Situations of armed conflict and humanitarian disasters result in the breakdown of social norms and family and community support structures. They force many displaced and crisis-affected adolescents to assume adult responsibilities and expose them to risks of sexual and gender-based violence, child and forced marriage and trafficking. Furthermore, adolescents in such situations are likely to be denied education, skills training, safe employment opportunities and access to appropriate sexual and reproductive health services and information, and to face isolation, discrimination and stigma, mental health and risk-taking behaviour.","labels":["Children","Adolescents","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Conflict and crisis"]},{"id":"crc-c-gc-20-0080","docId":"crc-c-gc-20","idx":80,"n":80,"text":"80. The Committee is concerned about the failure of humanitarian programmes to address the specific needs and rights of adolescents. It urges States parties to ensure that adolescents are provided with systematic opportunities to play an active role in the development and design of protection systems and reconciliation and peacebuilding processes. Explicit investment in post-conflict and transition reconstruction should be seen as an opportunity for adolescents to contribute to the economic and social development, resilience-building and peaceful transition of the country. In addition, emergency preparedness programmes should address adolescents, recognizing both their vulnerability and right to protection, and their potential role in supporting communities and helping to mitigate risk.","labels":["Adolescents","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Conflict and crisis"]},{"id":"crc-c-gc-20-0081","docId":"crc-c-gc-20","idx":81,"n":81,"text":"81. The Committee expresses deep concern about the fact that adolescent boys and girls are being recruited, including through the use of social media, by States’ armed forces, armed groups and militias, and urges all States parties to ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. It is also concerned about adolescents’ vulnerability to being enticed by terrorist propaganda, extremist views and involvement in terrorist activities. Research with adolescents should be undertaken to explore the factors driving their engagement in such activities and States should take appropriate action in response to the findings, paying particular attention to measures promoting social integration.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Recruitment into armed forces and groups"]},{"id":"crc-c-gc-20-0082","docId":"crc-c-gc-20","idx":82,"n":82,"text":"82. States should ensure the recovery and gender-sensitive reintegration of adolescents who are recruited into armed forces and groups, including those in migration situations, and prohibit the recruitment or use of adolescents in all hostilities as well as peace or ceasefire negotiations and agreements with armed groups.[[fn:39]] States should support opportunities for adolescent participation in peace movements and peer-to-peer approaches to non-violent conflict resolution rooted in local communities, to ensure the sustainability and cultural appropriateness of interventions. The Committee urges States parties to take firm measures to ensure that cases of conflict-related sexual violence, sexual exploitation and abuse and other human rights abuses against adolescents are promptly and duly addressed.","labels":["Migrants","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"footnotes":[{"n":39,"text":"See A/68/267, paras. 81-87."}],"section":["XIII. Special protection measures","Recruitment into armed forces and groups"]},{"id":"crc-c-gc-20-0083","docId":"crc-c-gc-20","idx":83,"n":83,"text":"83. The Committee recognizes that, in many parts of the world, adolescents are recruited into gangs and pandillas, which often provide social support, a source of livelihood, protection and a sense of identity in the absence of opportunities to achieve such goals through legitimate activities. However, the climate of fear, insecurity, threat and violence posed by gang membership threatens the realization of the rights of adolescents and is a major factor contributing to adolescent migration. The Committee recommends that more emphasis be placed on the development of comprehensive public policies that address the root causes of juvenile violence and gangs, instead of aggressive law enforcement approaches. Investment is needed in prevention activities for at-risk adolescents, interventions to encourage adolescents to leave gangs, rehabilitation and reintegration of gang members, restorative justice and the creation of municipal alliances against crime and violence, with an emphasis on the school, the family and social inclusion measures. The Committee urges States to give due consideration to adolescents forced to leave their country for reasons related to gang violence and to afford them refugee status.","labels":["Refugees & asylum-seekers","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Recruitment into armed forces and groups"]},{"id":"crc-c-gc-20-0084","docId":"crc-c-gc-20","idx":84,"n":84,"text":"84. The Committee emphasizes that all adolescents have the right to be protected from economic exploitation and the worst forms of child labour, and urges States to implement the provisions of article 32 (2) of the Convention, as well as the International Labour Organization Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182).","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Child labour"],"citedArticles":[{"treaty":"CRC","article":"32","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-20-0085","docId":"crc-c-gc-20","idx":85,"n":85,"text":"85. The introduction to age-appropriate forms of work plays an important developmental role in the lives of adolescents, equipping them with skills and enabling them to learn responsibilities and, where necessary, to contribute to their families’ economic well-being and support their access to education. Action against child labour should comprise comprehensive measures, including school-to-work transitions, social and economic development, poverty eradication programmes and universal and free access to quality, inclusive primary and secondary education. It should be underlined that adolescents, once they reach the national legal minimum working age, which should be aligned with international standards and with compulsory education, have the right to perform light work under appropriate conditions, with due respect accorded to their rights to education and to rest, leisure, play, recreational activities, cultural life and the arts.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Child labour"]},{"id":"crc-c-gc-20-0086","docId":"crc-c-gc-20","idx":86,"n":86,"text":"86. The Committee recommends that States adopt a transitional approach towards achieving a balance between the positive role of work in adolescents’ lives while ensuring their right to compulsory education, without discrimination. Schooling and the introduction to decent work should be coordinated to facilitate both in the lives of adolescents, according to their age and the effective mechanisms introduced to regulate such work, and give redress when adolescents are the victims of exploitation. The protection from hazardous work of all children under 18 years of age should be stipulated, with a clear list of specific harmful work. Efforts directed at preventing harmful work and working conditions should be made as a matter of priority, paying special attention to girls involved in domestic labour and other often “invisible” workers.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Child labour"]},{"id":"crc-c-gc-20-0087","docId":"crc-c-gc-20","idx":87,"n":87,"text":"87. Adolescents may come into contact with justice systems through conflict with the law, as victims or witnesses of crime or for other reasons, such as care, custody or protection. Measures are needed to reduce adolescents’ vulnerability both as victims and perpetrators of crimes.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Justice for adolescents"]},{"id":"crc-c-gc-20-0088","docId":"crc-c-gc-20","idx":88,"n":88,"text":"88. States parties are urged to introduce comprehensive juvenile justice policies that emphasize restorative justice, diversion from judicial proceedings, alternative measures to detention and preventive interventions, to tackle social factors and root causes, consistent with articles 37 and 40 of the Convention, and the United Nations Guidelines for the Prevention of Juvenile Delinquency. The focus should be on rehabilitation and reintegration, including for those adolescents involved in activities categorized as terrorism, in line with the recommendations in general comment No. 10 (2007) on children’s rights in juvenile justice. Detention should be used only as a measure of last resort and for the shortest appropriate period of time, and adolescents should be detained separately from adults. The Committee emphasizes the imperative to ban the death penalty and prohibit life imprisonment for anyone convicted of a crime committed when under the age of 18 years. The Committee is seriously concerned at the number of States seeking to lower the age of criminal responsibility. It calls on States to maintain the age of criminal majority at 18 years.","labels":["Children","Adolescents","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIII. Special protection measures","Justice for adolescents"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-20-0089","docId":"crc-c-gc-20","idx":89,"n":89,"text":"89. The Committee stresses that implementation of the Convention is a cooperative exercise for the States parties, and highlights the need for international cooperation. The Committee encourages States parties to contribute and use, as appropriate, technical assistance from the United Nations and regional organizations in implementing the rights of adolescents.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XIV. International cooperation"]},{"id":"crc-c-gc-20-0090","docId":"crc-c-gc-20","idx":90,"n":90,"text":"90. The Committee recommends that States disseminate widely the present general comment to all stakeholders, in particular parliament and all levels of government, including within ministries, departments and municipal/local authorities, and to all adolescents. The Committee also recommends that the present general comment be translated into all relevant languages, in adolescent-friendly versions and in formats accessible to adolescents with disabilities.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2016,"section":["XV. Dissemination"]},{"id":"crc-c-gc-21-0001","docId":"crc-c-gc-21","idx":1,"n":1,"text":"1. Children in street situations consulted for the present general comment spoke strongly about the need for respect, dignity and rights. In expressing their feelings, they said, inter alia: “Respect us as human beings”; “I would like for people who have never lived on the streets to see us as persons with pride, like normal people”; “It’s not about getting us off the streets and into shelters. It’s about giving us a status”; “Governments should not say we should not be on the streets. They should not harass us if on the streets. We should be accepted”; “Living on the street does not mean that we cannot have rights”; “The street leaves its mark: either you get out or you don’t”; “We don’t want help, charity, pity. Governments should work with the community to give us rights. We’re not asking for charity. I want to become someone to fend for myself”; “[People] should give us a chance to use our gifts and talents to achieve our dreams”; “Give us the opportunity to change our story”.[[fn:1]]","labels":["Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":1,"text":"All quotations are from consultations or written submissions for the present general comment. Respectively, they are from: children in Bangladesh (written submission from Dhaka); children in Latin America (consultation in Mexico); a 15-year-old boy from Brazil; an 18-year-old boy and girl from India; children and young people from the Democratic Republic of the Congo; children and young people in Europe (consultation in Brussels); a 16-year-old boy from Pakistan; a boy from Burundi; and an 18-year-old boy from Brazil."}],"section":["I. Introduction: “change our story”"]},{"id":"crc-c-gc-21-0002","docId":"crc-c-gc-21","idx":2,"n":2,"text":"2. In the present general comment, the Committee on the Rights of the Child provides authoritative guidance to States on developing comprehensive, long-term national strategies on children in street situations using a holistic, child rights approach and addressing both prevention and response in line with the Convention on the Rights of the Child. While the Convention makes no explicit reference to them, all of its provisions are applicable to children in street situations, who experience violations of a large majority of the Convention’s articles.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["II. Overall context","Purpose"]},{"id":"crc-c-gc-21-0003","docId":"crc-c-gc-21","idx":3,"n":3,"text":"3. In total, 327 children and young people from 32 countries were consulted in seven regional consultations. Civil society representatives responded to a general call for submissions, and an advanced draft was shared with all States parties.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["II. Overall context","Consultations"]},{"id":"crc-c-gc-21-0004","docId":"crc-c-gc-21","idx":4,"n":4,"text":"4. In the past, the terms used to describe children in street situations have included “street children”, “children on the street”, “children of the street”, “runaway children”, “throwaway children”, “children living and/or working on the street”, “homeless children” and “street-connected children”. In the present general comment, the term “children in street situations” is used to comprise: (a) children who depend on the streets to live and/or work, whether alone, with peers or with family; and (b) a wider population of children who have formed strong connections with public spaces and for whom the street plays a vital role in their everyday lives and identities. This wider population includes children who periodically, but not always, live and/or work on the streets and children who do not live or work on the streets but who regularly accompany their peers, siblings or family in the streets. Concerning children in street situations, “being in public spaces” is understood to include spending a significant amount of time on streets or in street markets, public parks, public community spaces, squares and bus and train stations. It does not include public buildings such as schools, hospitals or other comparable institutions.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["II. Overall context","Terminology"]},{"id":"crc-c-gc-21-0005","docId":"crc-c-gc-21","idx":5,"n":5,"text":"5. There are different approaches used with respect to children in street situations, sometimes in combination. They include a child rights approach, whereby the child is respected as a rights holder and decisions are often made with the child; a welfare approach, involving the “rescue” of children perceived to be an object or victim from the street and whereby decisions are made for the child without serious consideration for her or his views; and a repressive approach, whereby the child is perceived to be a delinquent. The welfare and repressive approaches fail to take into account the child as a rights holder and result in the forcible removal of children from the streets, which further violates their rights. Indeed, claiming that welfare and repressive approaches are in the best interests of the child does not make them rights based.[[fn:2]] To apply the Convention, it is essential to use a child rights approach.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":2,"text":"See general comments No. 13 (2011) on the right of the child to freedom from all forms of violence, para. 59, and No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration."}],"section":["II. Overall context","Key observations"]},{"id":"crc-c-gc-21-0006","docId":"crc-c-gc-21","idx":6,"n":6,"text":"6. Children in street situations are not a homogenous group. Characteristics are diverse in terms of age, sex, ethnicity, indigenous identity, nationality, disability, sexual orientation and gender identity/expression, among others. This diversity implies different experiences, risks and needs. The nature and time spent physically on the street varies significantly from child to child, as does the nature and extent of relationships with peers, family members, community members, civil society actors and public authorities. Children’s relationships can help them survive on the streets and/or perpetuate conditions of violent abuse of their rights. Children engage in a range of activities in public spaces, including work, socialization, recreation/leisure, shelter, sleeping, cooking, washing and engaging in substance abuse or sexual activity. Children may engage in such activities voluntarily, through lack of viable choices or through coercion or force by other children or adults. Children may conduct these activities alone or in the company of family members,[[fn:3]] friends, acquaintances, gang members, or exploitative peers, older children and/or adults.","labels":["Indigenous peoples","Women/girls","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":3,"text":"For children in street situations with their families, this general comment focuses on the children as the main rights-holders. Where children in street situations have children of their own, the best interests of each generation of children must be a primary consideration."}],"section":["II. Overall context","Key observations"]},{"id":"crc-c-gc-21-0007","docId":"crc-c-gc-21","idx":7,"n":7,"text":"7. Often, data are not systematically collected or disaggregated, so it is not known how many children are in street situations. Estimates fluctuate according to definitions used that reflect socioeconomic, political, cultural and other conditions. The absence of data makes these children invisible, which leads to policies not being developed or measures that are ad hoc, temporary or short-term. This results in the persistence of multiple rights violations that force children onto the streets and that continue when children are on the streets. This issue concerns every State.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["II. Overall context","Key observations"]},{"id":"crc-c-gc-21-0008","docId":"crc-c-gc-21","idx":8,"n":8,"text":"8. Causes, prevalence and experiences of children in street situations differ within and between States. Inequalities based on economic status, race and gender are among the structural causes of the emergence and exclusion of children in street situations. These are exacerbated by material poverty, inadequate social protection, poorly targeted investment, corruption and fiscal (tax and expenditure) policies that reduce or eliminate the ability of poorer people to move out of poverty. Abrupt destabilization, caused by conflict, famine, epidemic, natural disaster or forced eviction, or events leading to displacement or forced migration, further compound the effects of structural causes. Other causes include: violence, abuse, exploitation and neglect at home or in care or educational (including religious) institutions; the death of caregivers; child relinquishment (including through HIV/AIDS);[[fn:4]] unemployment of caregivers; precarious families; family breakdown; polygamy;[[fn:5]] exclusion from education; substance abuse and mental ill-health (of children or families); intolerance and discrimination, including against children with disabilities, children accused of witchcraft, former child soldiers rejected by families and children cast out from families as a result of questioning their sexuality or identifying as lesbian, gay, bisexual, transgender, intersex or asexual; and families’ inability to accept children’s resistance to harmful practices, such as child marriage and female genital mutilation.[[fn:6]]","labels":["Women/girls","Children","Persons in street situations","LGBTI+","Persons affected by natural disasters","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":4,"text":"See general comment No. 3 (2003) on HIV/AIDS and the rights of the child, para. 7."},{"n":5,"text":"See joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices, paras. 25-28."},{"n":6,"text":"Ibid., paras. 19-24."}],"section":["II. Overall context","Key observations"]},{"id":"crc-c-gc-21-0009","docId":"crc-c-gc-21","idx":9,"n":9,"text":"The objectives of the general comment are: (a) To clarify the obligations of States in applying a child rights approach to strategies and initiatives for children in street situations; (b) To provide comprehensive and authoritative guidance to States on using a holistic, child rights approach to: prevent children experiencing rights violations and the lack of choices that results in them having to depend on the streets for their survival and development; and to promote and protect the rights of children already in street situations, ensuring a continuum of care and helping them to develop to their fullest potential; (c) To identify the implications of particular articles of the Convention for children in street situations to enhance respect for them as rights holders and full citizens, and to enhance understanding of children’s connections to the street.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["III. Objectives"]},{"id":"crc-c-gc-21-0010","docId":"crc-c-gc-21","idx":10,"n":10,"text":"10. In a child rights approach, the process of realizing children’s rights is as important as the end result. A child rights approach ensures respect for the dignity, life, survival, well-being, health, development, participation and non-discrimination of the child as a rights holder.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","A. Child rights approach","Description"]},{"id":"crc-c-gc-21-0011","docId":"crc-c-gc-21","idx":11,"n":11,"text":"According to the United Nations Children’s Fund (UNICEF),[[fn:7]] a child rights approach is one that: (a) Furthers the realization of child rights as established in the Convention and other international human rights instruments; (b) Uses child rights standards and principles from the Convention and other international human rights instruments to guide behaviour, actions, policies and programmes, particularly: non-discrimination; the best interests of the child; the right to life, survival and development; the right to be heard and taken seriously; and the child’s right to be guided in the exercise of his or her rights by caregivers, parents and community members, in line with the child’s evolving capacities; (c) Builds the capacity of children as rights holders to claim their rights and the capacity of duty bearers to fulfil their obligations to children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":7,"text":"See UNICEF, Child Rights Education Toolkit: Rooting Child Rights in Early Childhood Education, Primary and Secondary Schools (Geneva, 2014), p. 21. Available from https://www.unicef.org/crc/files/UNICEF_CRE_Toolkit_FINAL_web_version170414.pdf. See also general comment No. 13, para. 59. See also “Human Rights Based Approach to Development Cooperation”, available from http://hrbaportal.org/the-human-rights-based-approach-to-development-cooperation-towards-a-common-understanding-among-un-agencies."}],"section":["IV. Holistic long-term strategies based on a child rights approach","A. Child rights approach","Description"]},{"id":"crc-c-gc-21-0012","docId":"crc-c-gc-21","idx":12,"n":12,"text":"12. The Committee considers that strategies and initiatives that adopt a child rights approach fulfil the main criteria for good practice, regardless of level or context. Children in street situations are often distrustful of adult intervention in their lives. Their abusive treatment by adults in society has led them to be unwilling to relinquish their hard-won, albeit limited, autonomy. This approach emphasizes full respect for their autonomy, including supporting them to find alternatives to depending on the streets. It promotes their resilience and capabilities, increasing their agency in decision-making and empowering them as socioeconomic, political and cultural actors. It builds on their existing strengths and the positive contributions they make to their own survival and development and that of their peers, families and communities. Applying this approach is not only a moral and legal imperative but also the most sustainable approach for identifying and implementing long-term solutions with children in street situations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","A. Child rights approach","Significance for children in street situations"]},{"id":"crc-c-gc-21-0013","docId":"crc-c-gc-21","idx":13,"n":13,"text":"13. To comply with obligations under the Convention, States are urged to adopt holistic and long-term strategies and make the necessary budget allocations for children in street situations. The cross-cutting issues and processes are shown below, followed by the thematic content to be addressed in such strategies. As experts on their own lives, children in street situations should participate in developing and implementing strategies. A first step is for States to collect information about such children in their country to decide how best to uphold their rights. States should take a cross-sectoral approach to understand how policy in one area, for example, finance, affects policy in another, for example, education, which in turn affects children in street situations. States should encourage cross-sectoral and inter-State cooperation.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Overview"]},{"id":"crc-c-gc-21-0014","docId":"crc-c-gc-21","idx":14,"n":14,"text":"14. States should assess how laws and policies can be improved to reflect the recommendations of the present general comment. States should, with immediate effect: remove provisions that directly or indirectly discriminate on the grounds of the street situation of children or their parents or family; abolish any provisions allowing or supporting the round-up or arbitrary removal of children and their families from the streets or public spaces; abolish where appropriate offences that criminalize and disproportionately affect children in street situations, such as begging, breach of curfews, loitering, vagrancy and running away from home; and abolish offences that criminalize children for being a victim of commercial sexual exploitation, and so-called moral offences, such as sex outside of marriage. States should introduce or review an act on child protection or children based on a child rights approach and that specifically addresses children in street situations. The act should be implemented by enabling policies, mandates, operating procedures, guidelines, service delivery, oversight and enforcement mechanisms, and developed in collaboration with key stakeholders, including children in street situations. States may need to develop nationally relevant policy and legal definitions of such children on the basis of participatory research, in contexts where this is necessary to facilitate interventions by legally mandated professionals and services. However, the process of developing legal definitions should not delay taking action to address rights violations.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Legislative and policy review"]},{"id":"crc-c-gc-21-0015","docId":"crc-c-gc-21","idx":15,"n":15,"text":"15. Strategies for children in street situations should acknowledge State and non-State actors. The role of the State, as primary duty bearer, is outlined in section V below. States have an obligation to help parents or caregivers to secure, within their abilities and financial capacities and with respect for the evolving capacities of the child, the living conditions necessary for the child’s optimal development (arts. 5, 18 and 27). States should also support civil society, as complementary actors, in providing personalized, specialist services for children in street situations the basis of a child rights approach, through funding, accreditation and regulation. The business sector must meet its responsibilities regarding children’s rights, and States should ensure it does so.[[fn:8]] Coordination is needed between State and non-State actors. States are legally obliged to ensure that non-State service providers operate in accordance with the provisions of the Convention.[[fn:9]]","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":8,"text":"See general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, para. 8."},{"n":9,"text":"See general comments No. 5 (2003) on general measures of implementation of the Convention, paras. 42-44; No. 7 (2005) on implementing child rights in early childhood, para. 32; No. 9 (2006) on the rights of children with disabilities, para. 25; and No. 16, para. 25."}],"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Role of the State and responsibilities, regulation and coordination of non-State actors"],"citedArticles":[{"treaty":"CRC","article":"5","source":"grammar"},{"treaty":"CRC","article":"18","source":"grammar"},{"treaty":"CRC","article":"27","source":"grammar"}]},{"id":"crc-c-gc-21-0016","docId":"crc-c-gc-21","idx":16,"n":16,"text":"16. Strategies need to address multiple causes, ranging from structural inequalities to family violence. They also need to take into account measures for immediate implementation, such as stopping round-ups or the arbitrary removal of children from public spaces, and measures to be implemented progressively, such as comprehensive social protection. A combination of legal, policy and service provision changes is likely to be needed. States should commit to fulfilling human rights beyond childhood. Particularly, States should ensure follow-up mechanisms for children in alternative care settings and in street situations as they transition into adulthood at the age of 18, to avoid an abrupt termination of support and services.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Addressing complexity"]},{"id":"crc-c-gc-21-0017","docId":"crc-c-gc-21","idx":17,"n":17,"text":"17. Within a legislative and policy framework, budgeting for, developing and strengthening holistic child protection systems, on the basis of a child rights approach, forms the basis of the practical measures required for prevention and response strategies. Such national child protection systems need to reach children in street situations and should incorporate fully the specific services they need. The systems need to provide a continuum of care across all relevant contexts, including prevention, early intervention, street outreach, helplines, drop-in centres, day-care centres, temporary residential care, family reunification, foster care, independent living or other short- or long-term care options. However, not all of these contexts are relevant for all children in street situations. For example, prevention and early intervention are priorities for children at the early stages of developing strong and harmful street connections, but are not relevant for children born in street situations. Some children may not experience residential placements while, for others, family reunification is not relevant or appropriate. Strategies should make it clear that a child rights approach needs to apply to each and every context. Administrative burdens and delays in gaining access to child protection systems should be reduced. Information should be made available in child-friendly and accessible formats and children in street situations should be supported to understand and navigate child protection systems.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Comprehensive child protection systems"]},{"id":"crc-c-gc-21-0018","docId":"crc-c-gc-21","idx":18,"n":18,"text":"18. States should invest in good quality initial and in-service basic training on child rights, child protection and the local context of children in street situations for all professionals who may come into direct or indirect contact with children in street situations, in such areas as policymaking, law enforcement, justice, education, health, social work and psychology. This training may draw on the expertise of non-State actors and should be integrated into the curricula of relevant training institutions. Additional in-depth training on a child rights approach, psychosocial support and child empowerment is required for professionals working with children in street situations as a dedicated part of their mandate, for example, street-based social workers and specialized child protection units of the police service. “Outreach walks” and “street walks” are an important on-the-ground training method. Basic and specialized training should include attitudinal and behavioural change, as well as knowledge transfer and skills development, and should encourage intersectoral cooperation and collaboration. National and local governments should understand and support the critical role of social workers, including street-based workers, in early detection, providing support to families with children at risk and to children in street situations. Professionals should be involved in participatory development of operating procedures, good practice guidelines, strategic directives, plans, performance standards and disciplinary codes, and should receive support to implement these in practice. States should facilitate sensitization and training for other stakeholders who come into direct or indirect contact with children in street situations, such as transport workers, media representatives, community and spiritual/religious leaders and private sector actors, who should be encouraged to adopt the Children’s Rights and Business Principles.[[fn:10]]","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":10,"text":"See http://childrenandbusiness.org. See also general comment No. 16."}],"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Capacity-building of those in contact with the child"]},{"id":"crc-c-gc-21-0019","docId":"crc-c-gc-21","idx":19,"n":19,"text":"19. States should take action to secure the ability of children in street situations to gain access to basic services such as health and education, and to justice, culture, sport and information. States should ensure their child protection systems provide for specialized services on the street, involving trained social workers with good knowledge of local street connections and who can help children reconnect with family, local community services and wider society. This does not necessarily imply that children should renounce their street connections, but rather, the intervention should secure their rights. Prevention, early intervention and street-based support services are mutually reinforcing elements and provide a continuum of care within an effective long-term and holistic strategy. While States are the primary duty bearers, civil society activities may complement States’ efforts in developing and delivering innovative and personalized service provision.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Service provision"]},{"id":"crc-c-gc-21-0020","docId":"crc-c-gc-21","idx":20,"n":20,"text":"20. Successful initiatives rely on a detailed understanding of local contexts and individualized support to children. Care must be taken when scaling up initiatives not to lose children in the process. States should encourage and support local-level, partnership-based, specialized interventions on the basis of a child rights approach, small and flexible, with adequate budgets, often led by civil society organizations with local expertise. These interventions should be coordinated by local governments and supported by the State, through the national child protection system. They could benefit from support from the private sector, for capacity-building resources and organizational skills, and academia, for research capacity to enable evidence-based decision-making. Child-friendly cities and communities contribute to an atmosphere of acceptance and provide the basis for social networks and community-based protection systems for children in street situations. Children in street situations should be supported to participate in local, decentralized bottom-up planning processes.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Implementation at the local government level"]},{"id":"crc-c-gc-21-0021","docId":"crc-c-gc-21","idx":21,"n":21,"text":"21. The effective implementation of legislation, policies and services relies on clear monitoring and accountability mechanisms that are transparent and robustly enforced. States should support the involvement of children in street situations, including in social accountability mechanisms, such as coalitions of State and non-State actors, committees or working groups that monitor public policy, focusing on children in street situations. Independent national human rights institutions for promoting and monitoring implementation of the Convention,[[fn:11]] such as children’s rights ombudspersons, must be easily accessible to children in street situations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":11,"text":"See general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child, paras. 2 and 15."}],"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Monitoring and accountability"]},{"id":"crc-c-gc-21-0022","docId":"crc-c-gc-21","idx":22,"n":22,"text":"22. Children in street situations who have been victims or are survivors of human rights violations have the right to effective legal and other remedies, including legal representation. This includes access to individual complaints mechanisms, by children themselves and/or represented by adults, and to judicial and non-judicial redress mechanisms at the local and national levels, including independent human rights institutions. When domestic remedies are exhausted, access to applicable international human rights mechanisms should be available, including the procedure set up by the Optional Protocol to the Convention on a communications procedure. Reparation measures can include restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition of rights violations.[[fn:12]]","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":12,"text":"See www.ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparation.aspx."}],"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Access to justice and remedies"]},{"id":"crc-c-gc-21-0023","docId":"crc-c-gc-21","idx":23,"n":23,"text":"23. In partnership with academia, civil society and the private sector, States should develop systematic, rights-respecting, participatory mechanisms to collect data and share disaggregated information about children in street situations. States must ensure that the collection and use of such information does not stigmatize or harm these children. Collecting data on children in street situations should be integrated into national data collection on children, ensuring that national data do not rely solely on household surveys, but also cover children living outside household settings. Children in street situations should participate in setting the aims and agendas of research and in gathering information, analysing and disseminating research to inform policymaking, and designing specialized interventions.[[fn:13]] Street situations change rapidly, and research needs to be carried out periodically to ensure policy and programmes are up to date.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":13,"text":"See Office of the United Nations High Commissioner for Human Rights (OHCHR), “A Human Rights-Based Approach To Data”, available from www.ohchr.org/Documents/Issues/HRIndicators/GuidanceNoteonApproachtoData.pdf."}],"section":["IV. Holistic long-term strategies based on a child rights approach","B. National strategies","Data collection and research"]},{"id":"crc-c-gc-21-0024","docId":"crc-c-gc-21","idx":24,"n":24,"text":"24. All the rights contained in the Convention and its Optional Protocols are interrelated and indivisible, for children in street situations as for all children. The present general comment should be read in conjunction with all other general comments of the Committee. The present general comment focuses on articles that have particular significance for children in street situations and that have not previously been the focus of general comments by the Committee. For example, although provisions relating to violence, education, juvenile justice and health are clearly important, they feature here as relatively brief references to existing general comments. Some other articles, on the other hand, receive greater scrutiny given their implications for children in street situations and the fact that they have not previously been explored in detail by the Committee. The articles selected below do not imply a predominance of civil and political rights over social, economic and cultural rights for children in street situations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","Overview"]},{"id":"crc-c-gc-21-0025","docId":"crc-c-gc-21","idx":25,"n":25,"text":"25. States must respect and ensure the rights set forth in the Convention for each child within their jurisdiction without discrimination of any kind. However, discrimination is one of the prime causes of children ending up in street situations. Children are then discriminated against on the basis of their connections with the street, that is, on the grounds of their social origin, property, birth or other status, resulting in lifelong negative consequences. The Committee interprets “other status” under article 2 of the Convention to include the street situation of a child or his or her parents and other family members.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 2 on non-discrimination"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-21-0026","docId":"crc-c-gc-21","idx":26,"n":26,"text":"26. Discrimination may be direct or indirect.[[fn:15]] Direct discrimination includes disproportionate policy approaches to “tackle homelessness” that apply repressive efforts to prevent begging, loitering, vagrancy, running away or survival behaviours, for example, the criminalization of status offences,[[fn:16]] street sweeps or “round-ups”, and targeted violence, harassment and extortion by police. Direct discrimination can include: the refusal by police to take seriously reports by children in street situations of theft or violence; discriminatory treatment within juvenile justice systems; the refusal of social workers, teachers or health care professionals to work with children in street situations; and harassment, humiliation and bullying by peers and teachers in schools. Indirect discrimination includes policies that result in exclusion from basic services, such as health and education, for example by requiring payment or the provision of identity documents. Even if children in street situations are not isolated from basic services, they might be isolated within such systems. Children can face multiple and intersecting forms of discrimination, for example, on the basis of gender, sexual orientation and gender identity/expression, disability, race, ethnicity, indigenous status,[[fn:17]] immigration status and other minority status, particularly as minority groups are often overrepresented among children in street situations. Children subject to discrimination are more vulnerable to violence, abuse, exploitation, sexually transmitted infections, including HIV, and their health and development are put at greater risk.[[fn:18]] States are reminded that guaranteeing the right to non-discrimination is not only a passive obligation to prohibit all forms of discrimination, but also requires appropriate proactive measures to ensure effective equal opportunities for all children to enjoy the rights under the Convention. This requires positive measures aimed at redressing a situation of substantive inequality.[[fn:19]] Systemic discrimination is responsive to, and can therefore be addressed by, legal and policy change. Children in street situations have highlighted the discrimination and negative attitudes by the public they face as a specific concern, and asked for there to be awareness-raising and educational measures to counter them.","labels":["Indigenous peoples","Women/girls","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":15,"text":"Ibid., para. 10."},{"n":16,"text":"See general comments No. 4 (2003) on adolescent health and development in the context of the Convention, para. 12; and No. 10 (2007) on children’s rights in juvenile justice, paras. 8-9."},{"n":17,"text":"See general comment No. 11 (2009) on indigenous children and their rights under the Convention."},{"n":18,"text":"See general comments No. 4, para. 6; and No. 3, para. 7."},{"n":19,"text":"See general comment No. 14, para. 41."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 2 on non-discrimination"]},{"id":"crc-c-gc-21-0027","docId":"crc-c-gc-21","idx":27,"n":27,"text":"27. Discrimination should be eliminated formally, by ensuring that a State’s constitution, laws and policies do not discriminate on the grounds of street situation, and substantively, by paying sufficient attention to children in street situations as a group who have suffered persistent prejudice and who require affirmative action.[[fn:20]] Temporary special measures necessary to accelerate or achieve de facto equality of children in street situations should not be considered discrimination. States should ensure: that children in street situations are equal under the law; that all discrimination on the basis of street situation is prohibited; that incitement to discriminate and harassment[[fn:21]] is addressed; that children in street situations and their families are not arbitrarily deprived of their property; and that curfews are legitimate, proportional and non-discriminatory. States should also sensitize professionals, the private sector and the public to the experiences and rights of children in street situations, with the aim of positively transforming attitudes. States should support creative artistic, cultural and/or sports programmes led by, or involving, children in street situations that help to address misconceptions and break down barriers with professionals, communities — including other children — and wider society through visible mutual dialogue and interaction. This may include street circus, theatre, music, art and sports matches. States should work with print, broadcast and social media to disseminate and amplify sensitization and de-stigmatization messages and stories on the basis of a child rights approach. Public fear of crime committed by children in street situations is often media-fuelled and disproportionate to reality. The media should be actively encouraged to use accurate data and evidence and conform to child protection standards to safeguard children’s dignity, physical security and psychological integrity.","labels":["Children","Persons in street situations","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":20,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 20, para. 8."},{"n":21,"text":"Ibid., para. 7."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 2 on non-discrimination"]},{"id":"crc-c-gc-21-0028","docId":"crc-c-gc-21","idx":28,"n":28,"text":"28. The obligations attached to this right are fundamental, as part of a child rights approach, to secure the holistic physical, psychological and moral integrity of children in street situations and promote their human dignity. These children have been identified as particularly vulnerable. As the Committee has already stated, the best interests of a child in a specific situation of vulnerability will not be the same as those of all the children in the same vulnerable situation. Authorities and decision makers need to take into account the different kinds and degrees of vulnerability of each child, as each child is unique and each situation must be assessed according to the child’s uniqueness.[[fn:22]] In this context, “vulnerability” should be considered in conjunction with the resilience and self-reliance of individual children in street situations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":22,"text":"See general comment No. 14, paras. 75-76."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 3 (1) on the best interests of the child"]},{"id":"crc-c-gc-21-0029","docId":"crc-c-gc-21","idx":29,"n":29,"text":"29. Children in street situations are at risk of, inter alia: extrajudicial killings by State agents; murder by adults or peers, including murder linked to so-called vigilante justice, and association with/targeting by criminal individuals and gangs, and when the State does not prevent such crimes; exposure to potentially life-threatening conditions associated with hazardous forms of child labour, traffic accidents,[[fn:23]] substance abuse, commercial sexual exploitation and unsafe sexual practices; and death due to lack of access to adequate nutrition, health care and shelter. The right to life should not be interpreted narrowly.[[fn:24]] It concerns individuals’ entitlement to be free from acts and omissions intended or expected to cause their unnatural or premature death, and to enjoy a life with dignity. In 1999, in the case of the torture and murder by police of three children and two young people in street situations in 1990, the Inter-American Court of Human Rights ruled that arbitrary privation of life is not limited to the illegal act of homicide, but extends to the deprivation of the right to live with dignity. This conception of the right to life extends not only to civil and political rights but also to economic, social and cultural rights. The need to protect the most vulnerable people — as in the case of street children — definitely requires an interpretation of the right to life that encompasses the minimum conditions for a life with dignity.[[fn:25]]","labels":["Children","Adolescents","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":23,"text":"See general comment No. 4, para. 21."},{"n":24,"text":"The preparatory work of the Convention indicate that the rights to life, survival and development under article 6 were understood as complementary and not mutually exclusive, and that the article poses positive obligations (E/CN.4/1988/28)."},{"n":25,"text":"Joint opinion, Villagrán Morales et al v. Guatemala, Inter-American Court of Human Rights, 19 November 1999. Available from www.corteidh.or.cr/docs/casos/articulos/seriec_63_ing.pdf."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 6 on the right to life, survival and development"]},{"id":"crc-c-gc-21-0030","docId":"crc-c-gc-21","idx":30,"n":30,"text":"30. The Committee has already highlighted that growing up in conditions of absolute poverty threatens children’s survival and their health and undermines their basic quality of life.[[fn:26]]","labels":["Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":26,"text":"See general comment No. 7, para. 26."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 6 on the right to life, survival and development"]},{"id":"crc-c-gc-21-0031","docId":"crc-c-gc-21","idx":31,"n":31,"text":"31. The Committee expects States to interpret “development” as a holistic concept, embracing the child’s physical, mental, spiritual, moral, psychological and social development. Children in street situations have a limited range of activities and behaviours from which to choose for their survival and development in public spaces. States’ obligations under article 6 necessitate careful attention being given to the behaviours and lifestyles of children, even if they do not conform to what specific communities or societies determine to be acceptable under prevailing cultural norms for a particular age group. Programmes can only be effective when they acknowledge the realities of children in street situations.[[fn:27]] Interventions should support individual children in street situations to achieve their optimal development,[[fn:28]] maximizing their positive contribution to society.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":27,"text":"See general comment No. 3, para. 11."},{"n":28,"text":"See general comment No. 5, para. 12."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 6 on the right to life, survival and development"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-21-0032","docId":"crc-c-gc-21","idx":32,"n":32,"text":"32. States have an obligation to respect the dignity of children in street situations and their right to life, survival and development by refraining from State-led violence and by decriminalizing survival behaviours and status offences; to protect children in street situations from harm caused by third parties; and to fulfil their right to life, survival and development by designing and implementing holistic long-term strategies, on the basis of a child rights approach, to secure their development to their fullest potential. States should assist trustworthy and supportive adults — such as family members or State or civil society social workers, psychologists, street workers or mentors — to help children in street situations. States should also put in place procedural and practical funeral arrangements to ensure dignity and respect for children who die on the streets.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 6 on the right to life, survival and development"]},{"id":"crc-c-gc-21-0033","docId":"crc-c-gc-21","idx":33,"n":33,"text":"33. Children in street situations face particular barriers in being heard, and the Committee encourages States to make proactive efforts to overcome those barriers. States and intergovernmental organizations should provide — and support civil society organizations in providing — children in street situations with a supportive and enabling environment to: be heard in judicial and administrative proceedings; carry out their own initiatives; and fully participate at the community and national levels in policy and programme conceptualization, design, implementation, coordination, monitoring, review and communication, including through the media. Interventions are of most benefit to children in street situations when the children themselves are involved actively in assessing needs, devising solutions, shaping strategies and carrying them out, rather than being seen as objects for whom decisions are made. States should also listen to relevant adults, such as family and community members, professionals and advocates, when developing prevention and response strategies. Interventions should support individual children in street situations to exercise their rights and develop skills, resilience, responsibility and citizenship, in line with their evolving capacities. States should support and encourage children in street situations to form their own child-led organizations and initiatives, which will create space for meaningful participation and representation.[[fn:30]] Where appropriate, and when properly safeguarded, children in street situations can raise awareness by sharing their own experiences, to reduce stigmatization and discrimination and to help prevent other children ending up in street situations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":30,"text":"See ibid., para. 128."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 12 on the right to be heard"]},{"id":"crc-c-gc-21-0034","docId":"crc-c-gc-21","idx":34,"n":34,"text":"34. Under article 4, States parties shall undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the Convention. This applies to every child without discrimination, paying special attention to the most disadvantaged groups — which clearly includes children in street situations.[[fn:31]] A minimum core obligation is incumbent upon every State to ensure the satisfaction of, at the very least, minimum essential levels of each of the social, economic and cultural rights.[[fn:32]] States should ensure that this applies to children in street situations. Lack of available resources is not a valid argument per se for States to not comply with this core obligation. As the Committee has already stated, the immediate and minimum core obligations imposed by children’s rights shall not be compromised by any retrogressive measures, even in times of economic crisis.[[fn:33]] States should ensure that children in street situations are not affected by regressive measures in times of economic crisis.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":31,"text":"See general comment No. 5, para. 8."},{"n":32,"text":"Committee on Economic, Social and Cultural Rights general comment No. 3 (1990) on the nature of States parties’ obligations, para. 10."},{"n":33,"text":"See general comment No. 19 (2016) on public budgeting for the realization of children’s rights, para. 31."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 4 on appropriate measures"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-21-0035","docId":"crc-c-gc-21","idx":35,"n":35,"text":"35. To strengthen prevention, States should build the capacity of parents, extended families, legal guardians and community members to provide appropriate direction and guidance to children, helping them to take into account the child’s views, in accordance with their age and maturity; to provide a safe and supportive environment in which the child can develop; and to recognize the child as an active rights holder who is increasingly able to exercise those rights as they develop, given proper guidance and direction. The Committee has already elaborated the principle of the evolving capacities of the child: the more the child knows, has experienced and understands, the more the parent or legal guardian has to transform direction and guidance into reminders and advice, and later to an exchange on an equal footing.[[fn:34]] Children in street situations require particularly sensitive direction and guidance that respects their life experience. The majority of children in street situations maintain contact with families, and there is increasing evidence on effective ways to strengthen those family connections. If children in street situations have few or no positive connections with parents, extended families or legal guardians, then the role of community members, as referenced in article 5, takes on a stronger significance and this is understood to include support from trustworthy adults associated with civil society organizations.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":34,"text":"See general comment No. 12 (2009) on the right of the child to be heard, para. 84, and general comment No. 14, para. 44."}],"section":["V. Key articles of the Convention in relation to children in street situations","A. Articles of overarching relevance in a child rights approach","Article 5 on direction and guidance consistent with evolving capacities"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-21-0036","docId":"crc-c-gc-21","idx":36,"n":36,"text":"36. The realities in which children in street situations live do not fit traditional definitions or conceptualizations of childhood. They have a unique relationship to public spaces compared with other children. State restrictions on article 15 in relation to public spaces may therefore have a disproportionate impact on children in street situations. States should ensure that their access to political and public space in which to associate and peacefully assemble is not denied in a discriminatory way.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"CRC","article":"15","source":"regex"}]},{"id":"crc-c-gc-21-0037","docId":"crc-c-gc-21","idx":37,"n":37,"text":"37. Association and peaceful assembly are essential for children in street situations to claim their rights, for example, through working children’s unions and child-led associations. However, the Committee has regularly expressed concern in its concluding observations regarding the lack of political space afforded to children to speak out. This is particularly constrained for children in street situations, who often lack connections with a trustworthy adult who may be required to legally register an organization. Children in street situations may lack support in completing paperwork and gaining access to information to develop association and peaceful assembly initiatives. Children in street situations may be paid to boost numbers in protests or gatherings. They may be vulnerable to exploitation and unaware of the implications of joining such events, raising complex questions regarding the need to balance protection and participation rights. However, as expressed by the Committee in its concluding observations, this should not be used as an excuse to curtail their right to association and peaceful assembly. Article 15 requires States to empower children in street situations to exercise their participation rights and counter co-option and manipulation by adults.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"CRC","article":"15","source":"regex"}]},{"id":"crc-c-gc-21-0038","docId":"crc-c-gc-21","idx":38,"n":38,"text":"38. In addition to association and peaceful assembly in the context of civil and political rights, the Committee emphasizes the importance of respecting the choice of children in street situations to associate together in public spaces, without threat to public order, to satisfy their survival and development rights (art. 6), for rest, play and leisure (art. 31),[[fn:35]] to create networks and organize their social life, and as a key feature of their lives in general. For children in street situations, this type of gathering together is part of living. It cannot always be broken down into discrete activities like eating, sleeping or recreation. For children not in street situations, this cooperative coexistence with others mainly takes place in settings like the family household or school. For children in street situations, it takes place in public spaces. Such children need to have a safe space in which they can exercise their right to association, interpreted here in conjunction with other rights protected under the Convention as “spending time with others in public spaces”. The Committee has explored the decreasing tolerance of children in public spaces in relation to article 31.[[fn:36]] In the present general comment, it extends those concerns, regarding decreasing tolerance, to the use of public spaces by children for purposes other than those covered under article 31.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":35,"text":"See general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts, para. 21."},{"n":36,"text":"Ibid., para. 37."}],"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-21-0039","docId":"crc-c-gc-21","idx":39,"n":39,"text":"39. In accordance with article 15 (2), policing or other measures relating to public order are only permissible where such measures are taken on the basis of the law, entail individual rather than collective assessment, comply with the principle of proportionality and represent the least intrusive option. Such measures should not be applied on a group or collective basis.[[fn:37]] This means that harassment, violence, round-ups and street sweeps of children in street situations, including in the context of major political, public or sporting events, or other interventions that restrict or interfere with their rights to association and peaceful assembly, contravene article 15 (2). Not recognizing legally constituted working children’s unions and organizations led by children in street situations, and/or requiring licences for organizations to which children in street situations do not have reasonable access, constitute discrimination against them and are not in compliance with article 15 (2).","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":37,"text":"See general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, para. 18. Originally developed in relation to unaccompanied and separated children who have crossed an international border, in the present general comment the Committee extends this interpretation to all children in street situations."}],"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"CRC","article":"15","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"15","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"15","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-21-0040","docId":"crc-c-gc-21","idx":40,"n":40,"text":"40. States should not harass or arbitrarily remove children in street situations from where they associate and peacefully assemble in public spaces. Sanctions should be imposed on those who violate this right. Specialized training is required to build the capacity of police and security forces to deal with public order situations in a way that upholds respect for the rights of children in street situations.[[fn:38]] Local government by-laws should be reviewed to ensure compliance with article 15 (2). States should support positive measures, such as: empowering children in street situations through child rights education and the development of life skills; preparing stakeholders to accept the views of these children in decision-making as expressed through association and assembly; and promoting the participation of these children in recreation, leisure, sports, artistic and cultural activities alongside other children in the community. Legislation should not require children in street situations’ associations or peaceful assemblies to be formally registered to incur protection under article 15.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":38,"text":"See general comment No. 13, para. 44."}],"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"CRC","article":"15","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"15","source":"regex"}]},{"id":"crc-c-gc-21-0041","docId":"crc-c-gc-21","idx":41,"n":41,"text":"41. Lack of proof of identity has a negative impact on the protection of rights for children in street situations in relation to education, health and other social services, justice, inheritance and family reunification. As a minimum, States should ensure that free, accessible, simple and expeditious birth registration is available to all children at all ages. Children in street situations should be supported proactively to obtain legal identity documents. As a temporary solution, States and local governments should allow innovative and flexible solutions, such as providing informal identity cards, linked to civil society personnel/addresses, allowing children in the meantime to gain access to basic services and protection in the justice system. Innovative solutions should be adopted to overcome the challenges faced by children in street situations, who are often highly mobile and who lack the means to keep a physical identity document safe without losing it or having it damaged or stolen.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"]},{"id":"crc-c-gc-21-0042","docId":"crc-c-gc-21","idx":42,"n":42,"text":"42. The right of children in street situations to have access to, seek and impart information about their rights is crucial if those rights are to be understood and realized in practice. Context-specific, accessible child rights education will help to overcome barriers to participation so their voices can be heard. Children in street situations need to have access through accessible and appropriate channels to accurate, high-quality and child-friendly information relating to: (a) the role and accountability of the State, and complaints mechanisms for redress in relation to human rights violations; (b) protection from violence; (c) sexual and reproductive health, including family planning and prevention of sexually transmitted infections; (d) healthy lifestyles, including diet and physical activity; (e) safe and respectful social and sexual behaviours; (f) prevention of accidents; and (g) the negative impacts of abuse of alcohol, tobacco, drugs and other harmful substances.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"]},{"id":"crc-c-gc-21-0043","docId":"crc-c-gc-21","idx":43,"n":43,"text":"43. Children in street situations may experience limited privacy given that they have to carry out activities in public spaces. Discrimination on the grounds of their or their parents’ or family’s street situation makes them particularly vulnerable to violations of article 16. The Committee recognizes forced eviction to be a violation of article 16 of the Convention, and the Human Rights Committee has in the past recognized it to be a violation of article 17 of the International Covenant on Civil and Political Rights.[[fn:39]] Recommendations in paragraph 27 addressing stigmatization, and in paragraph 60 addressing non-discriminatory and respectful treatment by the police, give guidance in relation to honour and reputation.","labels":["Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":39,"text":"See CCPR/CO/83/KEN, para. 22, and CCPR/C/BGR/CO/3, para. 24."}],"section":["V. Key articles of the Convention in relation to children in street situations","B. Civil rights and freedoms","Article 15 on the right to freedom of association and peaceful assembly"],"citedArticles":[{"treaty":"ICCPR","article":"16","source":"regex"},{"treaty":"ICCPR","article":"16","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"crc-c-gc-21-0044","docId":"crc-c-gc-21","idx":44,"n":44,"text":"44. For those children in street situations without primary or proxy caregivers, the State is the de facto caregiver and is obliged, under article 20, to ensure alternative care to a child temporarily or permanently deprived of his or her family environment.[[fn:40]] Types of care include: practical and moral support to children on the streets, through a trustworthy adult street worker or peer support, without requiring or coercing children to renounce their street connections and/or move into alternative accommodation; drop-in and community/social centres; night shelters; day-care centres; temporary residential care in group homes; foster care; family reunification; and independent living or long-term care options including, but not exclusively, adoption. Deprivation of liberty, for example, in detention cells or closed centres, is never a form of protection.","labels":["Children","Persons in street situations","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":40,"text":"See general comment No. 13, paras. 33 and 35."}],"section":["V. Key articles of the Convention in relation to children in street situations","C. Family environment and alternative care","Article 20 on the right to special protection and assistance for children deprived of a family environment"],"citedArticles":[{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-c-gc-21-0045","docId":"crc-c-gc-21","idx":45,"n":45,"text":"45. Interventions that do not respect children as active agents in the process of moving off the street into alternative care do not work: children often end up back on the streets when they run away or when placements break down. Placements fail when children in street situations are sent to unfamiliar areas to live with little-known relatives. By applying a child rights approach to the development and provision of alternative choices, States will ensure that children are not forced to depend on their street connections for their survival and/or development and that they are not forced to accept placements against their will. States should ensure, through legislation, regulation and policy directives, that the child’s views are solicited and considered in decisions regarding placements, development and review of care plans, and visits with family.[[fn:41]] States should respect the established international parameters that limit institutionalization as a last resort,[[fn:42]] ensure that children are not placed in alternative care unnecessarily and ensure that, where alternative care is provided, it is delivered under appropriate conditions responding to the rights and best interests of the child.[[fn:43]] States should ensure that State and civil society-run shelters and facilities are safe and of good quality. Where placement with family members is deemed, in consultation with the children in street situations themselves, to be in their best interests, careful preparation and follow-up is needed on both sides. A transitional stage between the streets and a long-term placement is often required, the length of this period being determined on a case-by-case basis with the child. Use of police or other detention cells to accommodate children owing to lack of alternative care facilities is not acceptable.","labels":["Children","Persons in street situations","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":41,"text":"See general comments No. 12, para. 54; No. 6, para. 40; and No. 7, para. 36 (b)."},{"n":42,"text":"See general comment No. 3, para. 35."},{"n":43,"text":"Guidelines for the Alternative Care of Children, GA resolution 64/142, annex."}],"section":["V. Key articles of the Convention in relation to children in street situations","C. Family environment and alternative care","Article 20 on the right to special protection and assistance for children deprived of a family environment"]},{"id":"crc-c-gc-21-0046","docId":"crc-c-gc-21","idx":46,"n":46,"text":"46. Many children in street situations live with their families, either on or off the streets, and/or maintain family connections, and they should be supported to maintain those connections. States should not separate children from their families solely on the basis of the families’ street-working or street-living status. Likewise, States should not separate babies or children born to children themselves in street situations. Financial and material poverty, or conditions directly and uniquely imputable to such poverty, should never be the only justification for the removal of a child from parental care but should be seen as a signal for the need to provide appropriate support to the family.[[fn:44]] To prevent long-term separation, States can support temporary, rights-respecting care options for children whose parents, for instance, migrate for certain periods of the year for seasonal employment.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":44,"text":"See general comment No. 14, para. 62."}],"section":["V. Key articles of the Convention in relation to children in street situations","C. Family environment and alternative care","Article 9 on separation from parents"]},{"id":"crc-c-gc-21-0047","docId":"crc-c-gc-21","idx":47,"n":47,"text":"47. It is important to establish, maintain and monitor the quality of State and non-State services to prevent children from ending up in street situations as a result of failing to have their care and protection rights fulfilled, and for the benefit of children already in street situations. States should provide quality, rights-respecting services and support civil society organizations to do the same. Non-State institutions, services and facilities for children in street situations should be supported, resourced, accredited, regulated and monitored by the State. Personnel involved in such services should be trained in accordance with paragraph 18.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","C. Family environment and alternative care","Articles 3 (3) on standards for care and protection institutions, services and facilities, and 25 on periodic review of placements"]},{"id":"crc-c-gc-21-0048","docId":"crc-c-gc-21","idx":48,"n":48,"text":"48. Support for parents and legal guardians is essential to prevent children ending up in street situations, and to strengthen family reunification programmes for children already in street situations. States are obliged to render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and to ensure the development of institutions, facilities and services for the care of children. States should take measures to eliminate structural forces that put pressure on families in precarious situations. Key issues to address include: improving rights-based community development in impoverished neighbourhoods; establishing comprehensive economic and social safety nets; providing safe and affordable day-care centres and other specialist services; and improving access to adequate housing and income generation for families. In addition to structural and policy approaches, vulnerable families need case-by-case solutions facilitated by well-trained professionals. States should invest in and scale up family support programmes on the basis of a child rights approach that are proved to halt the intergenerational transmission of conditions that exacerbate children ending up in street situations. States should take measures to provide universal education on child rights and positive parenting for all parents and caregivers, prioritizing — in a non-stigmatizing way — families with children at risk of ending up in street situations. This education should include child rights, including how to listen to children and include their views in decision-making; positive child-rearing, including positive discipline skills, non-violent conflict resolution and attachment parenting; and early childhood development. See also paragraphs 35 and 49.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","C. Family environment and alternative care","Article 18 on parental responsibility"]},{"id":"crc-c-gc-21-0049","docId":"crc-c-gc-21","idx":49,"n":49,"text":"49. In accordance with article 27 (3), States should ensure that all children have a standard of living adequate for their physical, mental, spiritual and moral development, to prevent them ending up in street situations and to fulfil the rights of children already in street situations. States shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing. Those prescriptions leave no leeway for the discretion of States. The implementation of the above in accordance with national conditions and within the means of States parties should be interpreted in conjunction with article 4, that is, to the maximum extent of States parties’ available resources and, where needed, within the framework of international cooperation, with particular regard to the obligations of States to fulfil the minimum core obligation for social, economic and cultural rights. In terms of material assistance, children in street situations prioritize the need for a safe place to live, food and free and accessible medical care and education, through State support to parents and caregivers, particularly in relation to subsidized, adequate housing and income generation. The interpretation of article 27 (3) is not limited to measures to assist parents and others responsible for the child. The obligation to provide material assistance and support programmes in case of need should be interpreted as also meaning assistance provided directly to children. This is particularly relevant for children in street situations with non-existent or abusive family connections. Direct material assistance to children in the form of services may be provided either by the State or via State support to civil society organizations. For single-parent and reconstructed families, States’ measures to secure maintenance for the child are particularly important (see article 27 (4)).","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","D. Adequate standard of living","Article 27 on the right to an adequate standard of living"],"citedArticles":[{"treaty":"CRC","article":"27","paragraph":"3","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"27","paragraph":"3","source":"regex"},{"treaty":"CRC","article":"27","paragraph":"4","source":"regex"}]},{"id":"crc-c-gc-21-0050","docId":"crc-c-gc-21","idx":50,"n":50,"text":"50. The right to housing is an important component of article 27 that is particularly relevant for children in street situations. It has been interpreted broadly by the Committee on Economic, Social and Cultural Rights as the right to live somewhere in security, peace and dignity,[[fn:45]] which clarifies that the concept of “adequacy” in relation to housing requires attention to: legal security of tenure; availability of services, materials, facilities and infrastructure; affordability; habitability; accessibility; location; and cultural adequacy.[[fn:46]] Children are among those who suffer disproportionately from the practice of forced eviction.[[fn:47]] Forced evictions, including through demolition of informal or illegal housing, can make life more precarious for children, forcing them to sleep on the streets and exposing them to further rights violations. A predominant theme of consultations with children in street situations is the inadequacy and inappropriateness of some State-run “shelters”, and their high levels of violence and insecurity, such that children prefer to be on the streets.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":45,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on the right to adequate housing, para. 7."},{"n":46,"text":"Ibid., para. 8."},{"n":47,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997) on forced evictions, para. 10."}],"section":["V. Key articles of the Convention in relation to children in street situations","D. Adequate standard of living","Article 27 on the right to an adequate standard of living"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-21-0051","docId":"crc-c-gc-21","idx":51,"n":51,"text":"51. States should take measures to address the structural causes of poverty and income inequalities to reduce pressure on and strengthen precarious families, as a means of offering better protection for children and reducing the likelihood of children ending up in street situations. Such measures include: introducing tax and expenditure policies that reduce economic inequalities; expanding fair-wage employment and other opportunities for income generation; introducing pro-poor policies for rural and urban development; eliminating corruption; introducing child-focused policies and budgeting; strengthening child-centred poverty alleviation programmes in areas known for high levels of migration; and offering adequate social security and social protection. Specific examples include child benefit programmes used in European and North American countries, and cash transfer programmes introduced in Latin American countries and widely applied in Asian and African countries. States should make efforts so that such programmes reach the most marginalized families who may not have bank accounts. Material support should be made available to parents and caregivers and also directly to children in street situations, and such mechanisms and services should be designed and implemented on the basis of a child rights approach. With regard to housing, security of tenure is essential for preventing children from coming into street situations. This includes access to adequate housing that is safe, with access to safe drinking water, sanitation and hygiene facilities. Children, including those living in informal or illegal housing, should not be subject to forced evictions prior to the provision of adequate alternative accommodation: States are required to make appropriate provisions for affected children. Child and human rights impact assessments should be a prerequisite for development and infrastructure projects to minimize the negative impacts of displacement.","labels":["Children","Persons in street situations","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","D. Adequate standard of living","Article 27 on the right to an adequate standard of living"]},{"id":"crc-c-gc-21-0052","docId":"crc-c-gc-21","idx":52,"n":52,"text":"52. Children with disabilities end up in street situations for various reasons, including economic and social factors, and are sometimes exploited for begging. States should take all actions necessary to prevent and to explicitly criminalize such exploitation and to bring perpetrators to justice.[[fn:48]] Children in street situations may be at risk of developing disabilities owing to the negative impact of aspects of street life, such as violence, exploitation and substance abuse. Intellectual and psychosocial disabilities can render children in street situations particularly vulnerable to exploitation and abuse. States should adopt special protection measures, including identifying and removing barriers that prevent children with disabilities from gaining access to services, including inclusive education.","labels":["Children","Persons with disabilities","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":48,"text":"See general comment No. 9, para. 76."}],"section":["V. Key articles of the Convention in relation to children in street situations","E. Disability and health","Article 23 on children with disabilities"]},{"id":"crc-c-gc-21-0053","docId":"crc-c-gc-21","idx":53,"n":53,"text":"53. The street environment can increase vulnerability regarding physical and mental health issues.[[fn:50]] Challenges include disproportionately high rates of substance abuse, HIV[[fn:51]] and other sexually transmitted infections, pregnancy, violence (including by peers), suicidal thoughts and suicide, self-medicating with unregulated medicines and exposure to infectious diseases, pollution and traffic accidents. The Committee emphasizes the need for health education and services, including on sexual and reproductive health, tailored to the specific needs of children in street situations. Such education and services should be friendly and supportive, comprehensive, accessible, free, confidential, non-judgmental, non-discriminatory, respectful of autonomous decision by the children, and without the requirement for parental consent.[[fn:52]] Health services should be made accessible regardless of physical location or social status. Children in street situations should have access to free basic health-care services through universal health coverage and social protection schemes. States should increase the availability of prevention, treatment and rehabilitation services for substance abuse, including harm-reduction services, and trauma therapy and mental health services for children in street situations. These services should be staffed by professionals trained on child rights and the particular circumstances of children in street situations. States can promote properly supported peer education that can be especially effective in combating substance abuse, sexually transmitted infections and HIV. Particular attention is needed to protect children in street situations from involvement in the drug trade.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":50,"text":"See general comment No. 4, para. 34."},{"n":51,"text":"See general comment No. 3, para. 30."},{"n":52,"text":"Ibid., paras. 20-21; general comments No. 4, paras. 11 and 26; and No. 15, particularly paras. 8, 11 and 28."}],"section":["V. Key articles of the Convention in relation to children in street situations","E. Disability and health","Articles 24 on health and 33 on drugs and substance abuse"]},{"id":"crc-c-gc-21-0054","docId":"crc-c-gc-21","idx":54,"n":54,"text":"54. Accessible, free, safe, relevant and quality education is crucial to preventing children from ending up in street situations and fulfilling the rights of children already in street situations. For many children, education represents the last connection point with wider societies. States should make adequate provision, including support to parents, caregivers and families, to ensure that children in street situations can stay in school and that their right to quality education is fully protected. A range of education options is necessary, including “second-chance education”, catch-up classes, mobile schools, vocational training linked to market research and followed up with long-term support for income generation, and pathways into formal education, through partnerships with civil society. Teachers should be trained on child rights and children in street situations, and child-centred, participatory teaching methodologies.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","F. Education, leisure and cultural activities","Article 28 on education"]},{"id":"crc-c-gc-21-0055","docId":"crc-c-gc-21","idx":55,"n":55,"text":"55. The aims of education for children in street situations should comply with article 29 and include literacy, numeracy, digital literacy, life skills, child rights education, tolerance for diversity, and citizenship education. Such education is vitally important for the fulfilment of children’s rights to protection, development and participation, including strengthening their autonomy and empowering them to better negotiate situations of risk, to prevent children from ending up in street situations and for those who are in street situations. States should take measures to provide good quality, free child rights education and life skills universally to all children, through the school curriculum and through non-formal and street education, to reach out-of-school children.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","F. Education, leisure and cultural activities","Article 29 on the aims of education"],"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-21-0056","docId":"crc-c-gc-21","idx":56,"n":56,"text":"56. The Committee highlights the right to rest, play, leisure and participation in artistic and cultural activities. Children in street situations apply their own creativity to utilize the informal setting of the streets for play opportunities.[[fn:54]] States should ensure they are not excluded in a discriminatory way from parks and playgrounds, for example, in relation to dress codes,[[fn:55]] and adopt measures to assist them in developing their creativity and practising sport, including with mobile recreation and sports facilities.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":54,"text":"General comment No. 17."},{"n":55,"text":"Ibid., para. 49."}],"section":["V. Key articles of the Convention in relation to children in street situations","F. Education, leisure and cultural activities","Article 31 on rest, play and leisure"]},{"id":"crc-c-gc-21-0057","docId":"crc-c-gc-21","idx":57,"n":57,"text":"57. Violence in all its forms — emotional, physical or sexual — is a fundamental cause and a consequence of children ending up in street situations. Violence of all kinds permeates the lives of children in street situations on a vast scale and it is a primary concern highlighted by children themselves. Specific, immediate and urgent measures need to be taken to protect children in street situations. In conjunction with all the recommendations in general comment No. 13, such measures include: prohibiting all forms of violence, including corporal punishment; mechanisms for reaching out to vulnerable children in the process of disconnecting from family and community; mechanisms for reporting violence, discrimination and other forms of rights violations; and mechanisms for holding perpetrators of violence to account, whether State or non-State, individuals or groups. Special mechanisms might have to be established to deal with individuals reported by these children as threats to their well-being, such as some members of the police and those involved in organized crime and drug trafficking.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","G. Violence against children and special protection measures","Articles 19 and 39 on freedom from all forms of violence"]},{"id":"crc-c-gc-21-0058","docId":"crc-c-gc-21","idx":58,"n":58,"text":"58. Children in street situations are particularly vulnerable to sexual violence and exploitation, and the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography is particularly relevant for them. Gender-sensitive responses should be made by professionals who are trained in understanding the specific circumstances of children in street situations. Children may have ended up in street situations through trafficking for sexual or labour exploitation, and/or may be vulnerable to such trafficking, as well as trafficking for body parts, and other forms of exploitation, once they are on the streets.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","G. Violence against children and special protection measures","Articles 34-36 on sexual abuse, sexual exploitation, trafficking and other exploitation"]},{"id":"crc-c-gc-21-0059","docId":"crc-c-gc-21","idx":59,"n":59,"text":"59. The Committee urges States to implement the provisions of article 32 (2) of the Convention, and the International Labour Organization Minimum Age Convention, 1973 (No. 138), and Worst Forms of Child Labour Convention, 1999 (No. 182), to protect children in street situations from economic exploitation and the worst forms of child labour. Action against child labour should comprise comprehensive measures, including the provision of support enabling children to transition into education and guaranteeing an adequate standard of living for them and their families. Such measures should be developed in collaboration with children in street situations and other key stakeholders to reflect children’s best interests and to ensure they do not have any inadvertent negative impact on children’s survival or development. The criminalization of begging or unlicensed trading can result in worse forms of survival behaviours, such as commercial sexual exploitation. Savings schemes to develop budgeting skills and safeguard earnings for children in street situations are beneficial.","labels":["Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","G. Violence against children and special protection measures","Article 32 on child labour"],"citedArticles":[{"treaty":"CRC","article":"32","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-21-0060","docId":"crc-c-gc-21","idx":60,"n":60,"text":"60. Children in street situations are more likely to be targeted, criminalized and end up in the juvenile or adult justice system and less likely to benefit from diversion, alternatives to detention or restorative practices as they are unable to afford bail and may have no responsible adults to vouch for them. Police misconduct, such as harassment (including stealing children’s money and possessions, rounding them up or arbitrarily moving children on, often on the orders of their superiors and/or politicians), corruption, extortion (for money or sex) and physical, psychological or sexual violence are common rights violations that States should criminalize as a matter of urgency. The Committee is concerned about the application of “zero tolerance” policies criminalizing children in street situations and resulting in forced institutionalization. States should support community policing, with an emphasis on protection rather than punishment of children in street situations, and adopt a multicultural police service. States should guarantee all rights to all children, including those in street situations, in the context of a restorative rather than punitive juvenile justice system.[[fn:57]]","labels":["Children","Persons in street situations","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"footnotes":[{"n":57,"text":"See general comments No. 6, para. 61; and No. 10, paras. 6, 8-9 and 16."}],"section":["V. Key articles of the Convention in relation to children in street situations","G. Violence against children and special protection measures","Articles 37 and 40 on juvenile justice"]},{"id":"crc-c-gc-21-0061","docId":"crc-c-gc-21","idx":61,"n":61,"text":"61. The Optional Protocol to the Convention on the involvement of children in armed conflict is relevant as children in street situations are vulnerable to recruitment into armed forces or armed groups. Conflicts may lead to children ending up in street situations through the disruption of social networks, family separation, displacement from communities or rejection of demobilized child combatants from communities. In relation to prevention, child rights education, including peace education, and anti-recruitment initiatives need to reach children in street situations. Interventions to minimize the impact of armed conflict need to mitigate proactively the separation of children from families, and family tracing programmes should be prioritized. Disarmament, demobilization and reintegration programmes for children should take into account the dynamics of street-connectedness as a cause and a consequence of children’s involvement in armed conflict.","labels":["Children","Persons in street situations","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["V. Key articles of the Convention in relation to children in street situations","G. Violence against children and special protection measures","Article 38 on armed conflict"]},{"id":"crc-c-gc-21-0062","docId":"crc-c-gc-21","idx":62,"n":62,"text":"62. The Committee recommends that States widely disseminate the present general comment within government, legal and administrative structures, to children in street situations, parents and caregivers, professional organizations, communities, the private sector and civil society. All channels of dissemination, including print media, the Internet, and children’s own communication means, such as storytelling and peer education, should be used. This will necessitate translating it into relevant languages, including sign languages, Braille and easy-to-understand formats for children with disabilities and limited literacy levels. It also requires making culturally appropriate and child-friendly versions and pictorial rather than text-based versions available, holding workshops and seminars, implementing age- and disability-specific support to discuss its implications and how best to implement it, and incorporating it into the training of all professionals working for and with children in street situations. States are also encouraged to include information on children in street situations in their reports to the Committee.","labels":["Children","Persons with disabilities","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["VI. Dissemination and cooperation","Dissemination"]},{"id":"crc-c-gc-21-0063","docId":"crc-c-gc-21","idx":63,"n":63,"text":"63. The Committee calls upon States to strengthen international commitment, cooperation and mutual assistance in preventing children from ending up in street situations and protecting children already in street situations. This includes identifying and sharing rights-based practices that have been shown to be effective, research, policies, monitoring and capacity-building. Cooperation requires the involvement of States, United Nations bodies and agencies, regional organizations, civil society organizations (including child-led organizations and academics), children, the private sector and professional groups. The Committee encourages those actors to foster continuous, high-level policy dialogues and research in relation to quality, evidence-based interventions for prevention and response. This includes dialogues at the international, national, regional and local levels. Such cooperation may need to address the protection of children crossing borders as migrants, refugees and asylum seekers and as victims/survivors of cross-border trafficking.","labels":["Refugees & asylum-seekers","Children","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2017,"section":["VI. Dissemination and cooperation","International cooperation"]},{"id":"crc-c-gc-24-0001","docId":"crc-c-gc-24","idx":1,"n":1,"text":"1. The present general comment replaces general comment No. 10 (2007) on children’s rights in juvenile justice. It reflects the developments that have occurred since 2007 as a result of the promulgation of international and regional standards, the Committee’s jurisprudence, new knowledge about child and adolescent development, and evidence of effective practices, including those relating to restorative justice. It also reflects concerns such as the trends relating to the minimum age of criminal responsibility and the persistent use of deprivation of liberty. The general comment covers specific issues, such as issues relating to children recruited and used by non-State armed groups, including those designated as terrorist groups, and children in customary, indigenous or other non-State justice systems.","labels":["Indigenous peoples","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-24-0002","docId":"crc-c-gc-24","idx":2,"n":2,"text":"2. Children differ from adults in their physical and psychological development. Such differences constitute the basis for the recognition of lesser culpability, and for a separate system with a differentiated, individualized approach. Exposure to the criminal justice system has been demonstrated to cause harm to children, limiting their chances of becoming responsible adults.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-24-0003","docId":"crc-c-gc-24","idx":3,"n":3,"text":"3. The Committee acknowledges that preservation of public safety is a legitimate aim of the justice system, including the child justice system. However, States parties should serve this aim subject to their obligations to respect and implement the principles of child justice as enshrined in the Convention on the Rights of the Child. As the Convention clearly states in article 40, every child alleged as, accused of or recognized as having infringed criminal law should always be treated in a manner consistent with the promotion of the child’s sense of dignity and worth. Evidence shows that the prevalence of crime committed by children tends to decrease after the adoption of systems in line with these principles.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-24-0004","docId":"crc-c-gc-24","idx":4,"n":4,"text":"4. The Committee welcomes the many efforts made to establish child justice systems in compliance with the Convention. Those States having provisions that are more conducive to the rights of children than those contained in the Convention and the present general comment are commended, and reminded that, in accordance with article 41 of the Convention, they should not take any retrogressive steps. State party reports indicate that many States parties still require significant investment to achieve full compliance with the Convention, particularly regarding prevention, early intervention, the development and implementation of diversion measures, a multidisciplinary approach, the minimum age of criminal responsibility and the reduction of deprivation of liberty. The Committee draws States’ attention to the report of the Independent Expert leading the United Nations global study on children deprived of their liberty (A/74/136), submitted pursuant to General Assembly resolution 69/157, which had been initiated by the Committee.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"41","source":"regex"}]},{"id":"crc-c-gc-24-0005","docId":"crc-c-gc-24","idx":5,"n":5,"text":"5. In the past decade, several declarations and guidelines that promote access to justice and child-friendly justice have been adopted by international and regional bodies. These frameworks cover children in all aspects of the justice systems, including child victims and witnesses of crime, children in welfare proceedings and children before administrative tribunals. These developments, valuable though they are, fall outside of the scope of the present general comment, which is focused on children alleged as, accused of or recognized as having infringed criminal law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["I. Introduction"]},{"id":"crc-c-gc-24-0006","docId":"crc-c-gc-24","idx":6,"n":6,"text":"The objectives and scope of the present general comment are: (a) To provide a contemporary consideration of the relevant articles and principles in the Convention on the Rights of the Child, and to guide States towards a holistic implementation of child justice systems that promote and protect children’s rights; (b) To reiterate the importance of prevention and early intervention, and of protecting children’s rights at all stages of the system; (c) To promote key strategies for reducing the especially harmful effects of contact with the criminal justice system, in line with increased knowledge about children’s development, in particular: (i) Setting an appropriate minimum age of criminal responsibility and ensuring the appropriate treatment of children on either side of that age; (ii) Scaling up the diversion of children away from formal justice processes and to effective programmes; (iii) Expanding the use of non-custodial measures to ensure that detention of children is a measure of last resort; (iv) Ending the use of corporal punishment, capital punishment and life sentences; (v) For the few situations where deprivation of liberty is justified as a last resort, ensuring that its application is for older children only, is strictly time limited and is subject to regular review; (d) To promote the strengthening of systems through improved organization, capacity-building, data collection, evaluation and research; (e) To provide guidance on new developments in the field, in particular the recruitment and use of children by non-State armed groups, including those designated as terrorist groups, and children coming into contact with customary, indigenous and non-State justice systems.","labels":["Indigenous peoples","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["II. Objectives and scope"]},{"id":"crc-c-gc-24-0007","docId":"crc-c-gc-24","idx":7,"n":7,"text":"7. The Committee encourages the use of non-stigmatizing language relating to children alleged as, accused of or recognized as having infringed criminal law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["III. Terminology"]},{"id":"crc-c-gc-24-0008","docId":"crc-c-gc-24","idx":8,"n":8,"text":"8. Important terms used in the present general comment are listed below:","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"footnotes":[],"section":["III. Terminology"]},{"id":"crc-c-gc-24-0009","docId":"crc-c-gc-24","idx":9,"n":9,"text":"9. States parties should consult the United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice and comparative national and international research on root causes of children’s involvement in the child justice system and undertake their own research to inform the development of a prevention strategy. Research has demonstrated that intensive family- and community-based treatment programmes designed to make positive changes in aspects of the various social systems (home, school, community, peer relations) that contribute to the serious behavioural difficulties of children reduce the risk of children coming into child justice systems. Prevention and early intervention programmes should be focused on support for families, in particular those in vulnerable situations or where violence occurs. Support should be provided to children at risk, particularly children who stop attending school, are excluded or otherwise do not complete their education. Peer group support and a strong involvement of parents are recommended. States parties should also develop community-based services and programmes that respond to the specific needs, problems, concerns and interests of children, and that provide appropriate counselling and guidance to their families.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","A. Prevention of child offending, including early intervention directed at children below the minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0010","docId":"crc-c-gc-24","idx":10,"n":10,"text":"10. Articles 18 and 27 of the Convention confirm the importance of the responsibility of parents for the upbringing of their children, but at the same time the Convention requires States parties to provide the assistance to parents (or other caregivers) necessary to carry out their child-rearing responsibilities. Investment in early childhood care and education correlates with lower rates of future violence and crime. This can commence when the child is very young, for example with home visitation programmes to enhance parenting capacity. Measures of assistance should draw on the wealth of information on community and family-based prevention programmes, such as programmes to improve parent-child interaction, partnerships with schools, positive peer association and cultural and leisure activities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","A. Prevention of child offending, including early intervention directed at children below the minimum age of criminal responsibility"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-c-gc-24-0011","docId":"crc-c-gc-24","idx":11,"n":11,"text":"11. Early intervention for children who are below the minimum age of criminal responsibility requires child-friendly and multidisciplinary responses to the first signs of behaviour that would, if the child were above the minimum age of criminal responsibility, be considered an offence. Evidence-based intervention programmes should be developed that reflect not only the multiple psychosocial causes of such behaviour, but also the protective factors that may strengthen resilience. Interventions must be preceded by a comprehensive and interdisciplinary assessment of the child’s needs. As an absolute priority, children should be supported within their families and communities. In the exceptional cases that require an out-of-home placement, such alternative care should preferably be in a family setting, although placement in residential care may be appropriate in some instances, to provide the necessary array of professional services. It is to be used only as a measure of last resort and for the shortest appropriate period of time and should be subject to judicial review.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","A. Prevention of child offending, including early intervention directed at children below the minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0012","docId":"crc-c-gc-24","idx":12,"n":12,"text":"12. A systemic approach to prevention also includes closing pathways into the child justice system through the decriminalization of minor offences such as school absence, running away, begging or trespassing, which often are the result of poverty, homelessness or family violence. Child victims of sexual exploitation and adolescents who engage with one another in consensual sexual acts are also sometimes criminalized. These acts, also known as status offences, are not considered crimes if committed by adults. The Committee urges States parties to remove status offences from their statutes.","labels":["Children","Adolescents","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","A. Prevention of child offending, including early intervention directed at children below the minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0013","docId":"crc-c-gc-24","idx":13,"n":13,"text":"13. Under article 40 (3) (b) of the Convention, States parties are required to promote the establishment of measures for dealing with children without resorting to judicial proceedings, whenever appropriate. In practice, the measures generally fall into two categories:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-24-0014","docId":"crc-c-gc-24","idx":14,"n":14,"text":"14. The Committee reminds States parties that, in applying measures under both categories of intervention, utmost care should be taken to ensure that the child’s human rights and legal safeguards are fully respected and protected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0015","docId":"crc-c-gc-24","idx":15,"n":15,"text":"15. Measures dealing with children that avoid resorting to judicial proceedings have been introduced into many systems around the world, and are generally referred to as diversion. Diversion involves the referral of matters away from the formal criminal justice system, usually to programmes or activities. In addition to avoiding stigmatization and criminal records, this approach yields good results for children, is congruent with public safety and has proved to be cost-effective.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility","Interventions that avoid resorting to judicial proceedings"]},{"id":"crc-c-gc-24-0016","docId":"crc-c-gc-24","idx":16,"n":16,"text":"16. Diversion should be the preferred manner of dealing with children in the majority of cases. States parties should continually extend the range of offences for which diversion is possible, including serious offences where appropriate. Opportunities for diversion should be available from as early as possible after contact with the system, and at various stages throughout the process. Diversion should be an integral part of the child justice system, and, in accordance with art. 40 (3) (b) of the Convention, children’s human rights and legal safeguards are to be fully respected and protected in all diversion processes and programmes","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility","Interventions that avoid resorting to judicial proceedings"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-24-0017","docId":"crc-c-gc-24","idx":17,"n":17,"text":"17. It is left to the discretion of States parties to decide on the exact nature and content of measures of diversion, and to take the necessary legislative and other measures for their implementation. The Committee takes note that a variety of community-based programmes have been developed, such as community service, supervision and guidance by designated officials, family conferencing and other restorative justice options, including reparation to victims.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility","Interventions that avoid resorting to judicial proceedings"]},{"id":"crc-c-gc-24-0018","docId":"crc-c-gc-24","idx":18,"n":18,"text":"18. The Committee emphasizes the following:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility","Interventions that avoid resorting to judicial proceedings"]},{"id":"crc-c-gc-24-0019","docId":"crc-c-gc-24","idx":19,"n":19,"text":"19. When judicial proceedings are initiated by the competent authority, the principles of a fair and just trial are applicable (see section D below). The child justice system should provide ample opportunities to apply social and educational measures, and to strictly limit the use of deprivation of liberty, from the moment of arrest, throughout the proceedings and in sentencing. States parties should have in place a probation service or similar agency with well-trained staff to ensure the maximum and effective use of measures such as guidance and supervision orders, probation, community monitoring or day reporting centres, and the possibility of early release from detention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","B. Interventions for children above the minimum age of criminal responsibility","Interventions in the context of judicial proceedings (disposition)"]},{"id":"crc-c-gc-24-0020","docId":"crc-c-gc-24","idx":20,"n":20,"text":"20. Children who are below the minimum age of criminal responsibility at the time of the commission of an offence cannot be held responsible in criminal law proceedings. Children at or above the minimum age at the time of the commission of an offence but younger than 18 years can be formally charged and subjected to child justice procedures, in full compliance with the Convention. The Committee reminds States parties that the relevant age is the age at the time of the commission of the offence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0021","docId":"crc-c-gc-24","idx":21,"n":21,"text":"21. Under article 40 (3) of the Convention, States parties are required to establish a minimum age of criminal responsibility, but the article does not specify the age. Over 50 States parties have raised the minimum age following ratification of the Convention, and the most common minimum age of criminal responsibility internationally is 14. Nevertheless, reports submitted by States parties indicate that some States retain an unacceptably low minimum age of criminal responsibility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Minimum age of criminal responsibility"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-24-0022","docId":"crc-c-gc-24","idx":22,"n":22,"text":"22. Documented evidence in the fields of child development and neuroscience indicates that maturity and the capacity for abstract reasoning is still evolving in children aged 12 to 13 years due to the fact that their frontal cortex is still developing. Therefore, they are unlikely to understand the impact of their actions or to comprehend criminal proceedings. They are also affected by their entry into adolescence. As the Committee notes in its general comment No. 20 (2016) on the implementation of the rights of the child during adolescence, adolescence is a unique defining stage of human development characterized by rapid brain development, and this affects risk-taking, certain kinds of decision-making and the ability to control impulses. States parties are encouraged to take note of recent scientific findings, and to increase their minimum age accordingly, to at least 14 years of age. Moreover, the developmental and neuroscience evidence indicates that adolescent brains continue to mature even beyond the teenage years, affecting certain kinds of decision-making. Therefore, the Committee commends States parties that have a higher minimum age, for instance 15 or 16 years of age, and urges States parties not to reduce the minimum age of criminal responsibility under any circumstances, in accordance with article 41 of the Convention.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Minimum age of criminal responsibility"],"citedArticles":[{"treaty":"CRC","article":"41","source":"regex"}]},{"id":"crc-c-gc-24-0023","docId":"crc-c-gc-24","idx":23,"n":23,"text":"23. The Committee recognizes that although the setting of a minimum age of criminal responsibility at a reasonably high level is important, an effective approach also depends on how each State deals with children above and below that age. The Committee will continue to scrutinize this in reviews of State party reports. Children below the minimum age of criminal responsibility are to be provided with assistance and services according to their needs, by the appropriate authorities, and should not be viewed as children who have committed criminal offences.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0024","docId":"crc-c-gc-24","idx":24,"n":24,"text":"24. If there is no proof of age and it cannot be established that the child is below or above the minimum age of criminal responsibility, the child is to be given the benefit of the doubt and is not to be held criminally responsible.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Minimum age of criminal responsibility"]},{"id":"crc-c-gc-24-0025","docId":"crc-c-gc-24","idx":25,"n":25,"text":"25. The Committee is concerned about practices that permit the use of a lower minimum age of criminal responsibility in cases where, for example, the child is accused of committing a serious offence. Such practices are usually created to respond to public pressure and are not based on a rational understanding of children’s development. The Committee strongly recommends that States parties abolish such approaches and set one standardized age below which children cannot be held responsible in criminal law, without exception.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Systems with exceptions to the minimum age"]},{"id":"crc-c-gc-24-0026","docId":"crc-c-gc-24","idx":26,"n":26,"text":"26. Several States parties apply two minimum ages of criminal responsibility (for example, 7 and 14 years), with a presumption that a child who is at or above the lower age but below the higher age lacks criminal responsibility unless sufficient maturity is demonstrated. Initially devised as a protective system, it has not proved so in practice. Although there is some support for the idea of individualized assessment of criminal responsibility, the Committee has observed that this leaves much to the discretion of the court and results in discriminatory practices.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Systems with two minimum ages"]},{"id":"crc-c-gc-24-0027","docId":"crc-c-gc-24","idx":27,"n":27,"text":"27. States are urged to set one appropriate minimum age and to ensure that such legal reform does not result in a retrogressive position regarding the minimum age of criminal responsibility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Systems with two minimum ages"]},{"id":"crc-c-gc-24-0028","docId":"crc-c-gc-24","idx":28,"n":28,"text":"28. Children with developmental delays or neurodevelopmental disorders or disabilities (for example, autism spectrum disorders, fetal alcohol spectrum disorders or acquired brain injuries) should not be in the child justice system at all, even if they have reached the minimum age of criminal responsibility. If not automatically excluded, such children should be individually assessed.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Children lacking criminal responsibility for reasons related to developmental delays or neurodevelopmental disorders or disabilities"]},{"id":"crc-c-gc-24-0029","docId":"crc-c-gc-24","idx":29,"n":29,"text":"29. The child justice system should apply to all children above the minimum age of criminal responsibility but below the age of 18 years at the time of the commission of the offence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Application of the child justice system"]},{"id":"crc-c-gc-24-0030","docId":"crc-c-gc-24","idx":30,"n":30,"text":"30. The Committee recommends that those States parties that limit the applicability of their child justice system to children under the age of 16 years (or lower), or that allow by way of exception that certain children are treated as adult offenders (for example, because of the offence category), change their laws to ensure a non-discriminatory full application of their child justice system to all persons below the age of 18 years at the time of the offence (see also general comment No. 20, para. 88).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Application of the child justice system"]},{"id":"crc-c-gc-24-0031","docId":"crc-c-gc-24","idx":31,"n":31,"text":"31. Child justice systems should also extend protection to children who were below the age of 18 at the time of the commission of the offence but who turn 18 during the trial or sentencing process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Application of the child justice system"]},{"id":"crc-c-gc-24-0032","docId":"crc-c-gc-24","idx":32,"n":32,"text":"32. The Committee commends States parties that allow the application of the child justice system to persons aged 18 and older whether as a general rule or by way of exception. This approach is in keeping with the developmental and neuroscience evidence that shows that brain development continues into the early twenties.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Application of the child justice system"]},{"id":"crc-c-gc-24-0033","docId":"crc-c-gc-24","idx":33,"n":33,"text":"33. A child who does not have a birth certificate should be provided with one promptly and free of charge by the State, whenever it is required to prove age. If there is no proof of age by birth certificate, the authority should accept all documentation that can prove age, such as notification of birth, extracts from birth registries, baptismal or equivalent documents or school reports. Documents should be considered genuine unless there is proof to the contrary. Authorities should allow for interviews with or testimony by parents regarding age, or for permitting affirmations to be filed by teachers or religious or community leaders who know the age of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Birth certificates and age determination"]},{"id":"crc-c-gc-24-0034","docId":"crc-c-gc-24","idx":34,"n":34,"text":"34. Only if these measures prove unsuccessful may there be an assessment of the child’s physical and psychological development, conducted by specialist pediatricians or other professionals skilled in evaluating different aspects of development. Such assessments should be carried out in a prompt, child- and gender-sensitive and culturally appropriate manner, including interviews of children and parents or caregivers in a language the child understands. States should refrain from using only medical methods based on, inter alia, bone and dental analysis, which is often inaccurate, due to wide margins of error, and can also be traumatic. The least invasive method of assessment should be applied. In the case of inconclusive evidence, the child or young person is to have the benefit of the doubt.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Birth certificates and age determination"]},{"id":"crc-c-gc-24-0035","docId":"crc-c-gc-24","idx":35,"n":35,"text":"35. The Committee recommends that children who turn 18 before completing a diversion programme or non-custodial or custodial measure be permitted to complete the programme, measure or sentence, and not be sent to centres for adults.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Continuation of child justice measures"]},{"id":"crc-c-gc-24-0036","docId":"crc-c-gc-24","idx":36,"n":36,"text":"36. In cases where a young person commits several offences, some occurring before and some after the age of 18 years, States parties should consider providing for procedural rules that allow the child justice system to be applied in respect of all the offences when there are reasonable grounds to do so.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Offences committed before and after 18 years and offences committed with adults"]},{"id":"crc-c-gc-24-0037","docId":"crc-c-gc-24","idx":37,"n":37,"text":"37. In cases where a child commits an offence together with one or more adults, the rules of the child justice system applies to the child, whether they are tried jointly or separately.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","C. Age and child justice systems","Offences committed before and after 18 years and offences committed with adults"]},{"id":"crc-c-gc-24-0038","docId":"crc-c-gc-24","idx":38,"n":38,"text":"38. Article 40 (2) of the Convention contains an important list of rights and guarantees aimed at ensuring that every child receives fair treatment and trial (see also article 14 of the International Covenant on Civil and Political Rights). It should be noted that these are minimum standards. States parties can and should try to establish and observe higher standards.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial"],"citedArticles":[{"treaty":"ICCPR","article":"40","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"14","source":"regex"}]},{"id":"crc-c-gc-24-0039","docId":"crc-c-gc-24","idx":39,"n":39,"text":"39. The Committee emphasizes that continuous and systematic training of professionals in the child justice system is crucial to uphold those guarantees. Such professionals should be able to work in interdisciplinary teams, and should be well informed about the physical, psychological, mental and social development of children and adolescents, as well as about the special needs of the most marginalized children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial"]},{"id":"crc-c-gc-24-0040","docId":"crc-c-gc-24","idx":40,"n":40,"text":"40. Safeguards against discrimination are needed from the earliest contact with the criminal justice system and throughout the trial, and discrimination against any group of children requires active redress. In particular, gender-sensitive attention should be paid to girls and to children who are discriminated against on the basis of sexual orientation or gender identity. Accommodation should be made for children with disabilities, which may include physical access to court and other buildings, support for children with psychosocial disabilities, assistance with communication and the reading of documents, and procedural adjustments for testimony.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial"]},{"id":"crc-c-gc-24-0041","docId":"crc-c-gc-24","idx":41,"n":41,"text":"41. States parties should enact legislation and ensure practices that safeguard children’s rights from the moment of contact with the system, including at the stopping, warning or arrest stage, while in custody of police or other law enforcement agencies, during transfers to and from police stations, places of detention and courts, and during questioning, searches and the taking of evidentiary samples. Records should be kept on the location and condition of the child in all phases and processes.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial"]},{"id":"crc-c-gc-24-0042","docId":"crc-c-gc-24","idx":42,"n":42,"text":"42. No child shall be held guilty of any criminal offence that did not constitute a criminal offence, under national or international law, at the time it was committed. States parties that expand their criminal law provisions to prevent and combat terrorism should ensure that those changes do not result in the retroactive or unintended punishment of children. No child should be punished with a heavier penalty than the one applicable at the time of the offence, but if a change of law after the offence provides for a lighter penalty, the child should benefit.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","No retroactive application of child justice (art. 40 (2) (a))"]},{"id":"crc-c-gc-24-0043","docId":"crc-c-gc-24","idx":43,"n":43,"text":"43. The presumption of innocence requires that the burden of proof of the charge is on the prosecution, regardless of the nature of the offence. The child has the benefit of the doubt and is guilty only if the charges have been proved beyond reasonable doubt. Suspicious behaviour on the part of the child should not lead to assumptions of guilt, as it may be due to a lack of understanding of the process, immaturity, fear or other reasons.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Presumption of innocence (art. 40 (2) (b) (i))"]},{"id":"crc-c-gc-24-0044","docId":"crc-c-gc-24","idx":44,"n":44,"text":"44. In paragraphs 57 to 64 of general comment No. 12 (2009) on the right of the child to be heard, the Committee explained the fundamental right of the child to be heard in the context of child justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Right to be heard (art. 12)"]},{"id":"crc-c-gc-24-0045","docId":"crc-c-gc-24","idx":45,"n":45,"text":"45. Children have the right to be heard directly, and not only through a representative, at all stages of the process, starting from the moment of contact. The child has the right to remain silent and no adverse inference should be drawn when children elect not to make statements.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Right to be heard (art. 12)"]},{"id":"crc-c-gc-24-0046","docId":"crc-c-gc-24","idx":46,"n":46,"text":"46. A child who is above the minimum age of criminal responsibility should be considered competent to participate throughout the child justice process. To effectively participate, a child needs to be supported by all practitioners to comprehend the charges and possible consequences and options in order to direct the legal representative, challenge witnesses, provide an account of events and to make appropriate decisions about evidence, testimony and the measure(s) to be imposed. Proceedings should be conducted in a language the child fully understands or an interpreter is to be provided free of charge. Proceedings should be conducted in an atmosphere of understanding to allow children to fully participate. Developments in child-friendly justice provide an impetus towards child-friendly language at all stages, child-friendly layouts of interviewing spaces and courts, support by appropriate adults, removal of intimidating legal attire and adaptation of proceedings, including accommodation for children with disabilities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Effective participation in the proceedings (art. 40 (2) (b) (iv))"]},{"id":"crc-c-gc-24-0047","docId":"crc-c-gc-24","idx":47,"n":47,"text":"47. Every child has the right to be informed promptly and directly (or where appropriate through his or her parent or guardian) of the charges brought against him or her. Promptly means as soon as possible after the first contact of the child with the justice system. Notification of parents should not be neglected on the grounds of convenience or resources. Children who are diverted at the charge stage need to understand their legal options, and legal safeguards should be fully respected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Prompt and direct information of the charge(s) (art. 40 (2) (b) (ii))"]},{"id":"crc-c-gc-24-0048","docId":"crc-c-gc-24","idx":48,"n":48,"text":"48. Authorities should ensure that the child understands the charges, options and processes. Providing the child with an official document is insufficient and an oral explanation is necessary. Although children should be assisted in understanding any document by a parent or appropriate adult, authorities should not leave the explanation of the charges to such persons.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Prompt and direct information of the charge(s) (art. 40 (2) (b) (ii))"]},{"id":"crc-c-gc-24-0049","docId":"crc-c-gc-24","idx":49,"n":49,"text":"49. States should ensure that the child is guaranteed legal or other appropriate assistance from the outset of the proceedings, in the preparation and presentation of the defence, and until all appeals and/or reviews are exhausted. The Committee requests States parties to withdraw any reservation made in respect of article 40 (2) (b) (ii).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-24-0050","docId":"crc-c-gc-24","idx":50,"n":50,"text":"50. The Committee remains concerned that many children face criminal charges before judicial, administrative or other public authorities, and are deprived of liberty, without having the benefit of legal representation. The Committee notes that in article 14 (3) (d) of the International Covenant on Civil and Political Rights, the right to legal representation is a minimum guarantee in the criminal justice system for all persons, and this should equally apply to children. While the article allows the person to defend himself or herself in person, in any case where the interests of justice so require the person is to be assigned legal assistance.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"],"citedArticles":[{"treaty":"ICCPR","article":"14","paragraph":"3","source":"regex"}]},{"id":"crc-c-gc-24-0051","docId":"crc-c-gc-24","idx":51,"n":51,"text":"51. In the light of the above, the Committee is concerned that children are provided less protection than international law guarantees for adults. The Committee recommends that States provide effective legal representation, free of charge, for all children who are facing criminal charges before judicial, administrative or other public authorities Child justice systems should not permit children to waive legal representation unless the decision to waive is made voluntarily and under impartial judicial supervision.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"]},{"id":"crc-c-gc-24-0052","docId":"crc-c-gc-24","idx":52,"n":52,"text":"52. If children are diverted to programmes or are in a system that does not result in convictions, criminal records or deprivation of liberty, “other appropriate assistance” by well-trained officers may be an acceptable form of assistance, although States that can provide legal representation for children during all processes should do so, in accordance with article 41. Where other appropriate assistance is permissible, the person providing the assistance is required to have sufficient knowledge of the legal aspects of the child justice process and receive appropriate training.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"],"citedArticles":[{"treaty":"CRC","article":"41","source":"regex"}]},{"id":"crc-c-gc-24-0053","docId":"crc-c-gc-24","idx":53,"n":53,"text":"53. As required under article 14 (3) (b) of the International Covenant on Civil and Political Rights, there is to be adequate time and facilities for the preparation of the defence. Under the Convention on the Rights of the Child, the confidentiality of communications between the child and his or her legal representative or other assistant is to be guaranteed (art. 40 (2) (b) (vii)), and the child’s right of protection against interference with his or her privacy and correspondence is to be respected (art. 16).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Legal or other appropriate assistance (art. 40 (2) (b) (ii))"],"citedArticles":[{"article":"14","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'As required under article 14 (3) (b) of the International Covenant on Civil and Political Rights' — ICCPR art. 14(3)(b). Regex defaulted to CRC."},{"article":"40","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'Under the Convention on the Rights of the Child … (art. 40 (2) (b) (vii))' — CRC art. 40(2)(b)(vii) (confidentiality of communications)."},{"article":"16","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'the child's right of protection against interference with his or her privacy and correspondence is to be respected (art. 16)' — CRC art. 16 (right to privacy)."}]},{"id":"crc-c-gc-24-0054","docId":"crc-c-gc-24","idx":54,"n":54,"text":"54. The Committee reiterates that the time between the commission of the offence and the conclusion of proceedings should be as short as possible. The longer this period, the more likely it is that the response loses its desired outcome.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Decisions without delay and with the involvement of parents or guardians (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-24-0055","docId":"crc-c-gc-24","idx":55,"n":55,"text":"55. The Committee recommends that States parties set and implement time limits for the period between the commission of the offence and the completion of the police investigation, the decision of the prosecutor (or other competent body) to institute charges, and the final decision by the court or other judicial body. These time limits should be much shorter than those set for adults, but should still allow legal safeguards to be fully respected. Similar speedy time limits should apply to diversion measures.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Decisions without delay and with the involvement of parents or guardians (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-24-0056","docId":"crc-c-gc-24","idx":56,"n":56,"text":"56. Parents or legal guardians should be present throughout the proceedings. However, the judge or competent authority may decide to limit, restrict or exclude their presence in the proceedings, at the request of the child or of his or her legal or other appropriate assistant or because it is not in the child’s best interests.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Decisions without delay and with the involvement of parents or guardians (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-24-0057","docId":"crc-c-gc-24","idx":57,"n":57,"text":"57. The Committee recommends that States parties explicitly legislate for the maximum possible involvement of parents or legal guardians in the proceedings because they can provide general psychological and emotional assistance to the child and contribute to effective outcomes. The Committee also recognizes that many children are informally living with relatives who are neither parents nor legal guardians, and that laws should be adapted to allow genuine caregivers to assist children in proceedings, if parents are unavailable.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Decisions without delay and with the involvement of parents or guardians (art. 40 (2) (b) (iii))"]},{"id":"crc-c-gc-24-0058","docId":"crc-c-gc-24","idx":58,"n":58,"text":"58. States parties must ensure that a child is not compelled to give testimony or to confess or acknowledge guilt. The commission of acts of torture or cruel, inhuman or degrading treatment in order to extract an admission or confession constitutes a grave violation of the child’s rights (Convention on the Rights of the Child, art. 37 (a)). Any such admission or confession is inadmissible as evidence (Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 15).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iv))"],"citedArticles":[{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text states 'Convention on the Rights of the Child, art. 37 (a)' — CRC art. 37(a) (prohibition of torture in juvenile justice)."},{"article":"15","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 15' — CAT art. 15 (exclusion of torture-obtained evidence). Regex defaulted to CRC."}]},{"id":"crc-c-gc-24-0059","docId":"crc-c-gc-24","idx":59,"n":59,"text":"59. Coercion leading a child to a confession or self-incriminatory testimony is impermissible. The term “compelled” should be interpreted broadly and not be limited to physical force. The risk of false confession is increased by the child’s age and development, lack of understanding, and fear of unknown consequences, including a suggested possibility of imprisonment, as well as by the length and circumstances of the questioning.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iv))"]},{"id":"crc-c-gc-24-0060","docId":"crc-c-gc-24","idx":60,"n":60,"text":"60. The child must have access to legal or other appropriate assistance, and should be supported by a parent, legal guardian or other appropriate adult during questioning. The court or other judicial body, when considering the voluntariness and reliability of an admission or confession by a child, should take all factors into account, including the child’s age and maturity, the length of questioning or custody and the presence of legal or other independent assistance and of the parent(s), guardian or appropriate adult. Police officers and other investigating authorities should be well trained to avoid questioning techniques and practices that result in coerced or unreliable confessions or testimonies, and audiovisual techniques should be used where possible.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Freedom from compulsory self-incrimination (art. 40 (2) (b) (iv))"]},{"id":"crc-c-gc-24-0061","docId":"crc-c-gc-24","idx":61,"n":61,"text":"61. Children have the right to examine witnesses who testify against them and to involve witnesses to support their defence, and child justice processes should favour the child’s participation, under conditions of equality, with legal assistance.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Presence and examination of witnesses (art. 40 (2) (b) (iv))"]},{"id":"crc-c-gc-24-0062","docId":"crc-c-gc-24","idx":62,"n":62,"text":"62. The child has the right to have any finding of guilt or the measures imposed reviewed by a higher competent, independent and impartial authority or judicial body. This right of review is not limited to the most serious offences. States parties should consider introducing automatic measures of review, particularly in cases that result in criminal records or deprivation of liberty. Furthermore, access to justice requires a broader interpretation, allowing reviews or appeals on any procedural or substantive misdirection, and ensuring that effective remedies are available.[[fn:5]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"footnotes":[{"n":5,"text":"Human Rights Council resolution 25/6."}],"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Right of review or appeal (art. 40 (2) (b) (v))"]},{"id":"crc-c-gc-24-0063","docId":"crc-c-gc-24","idx":63,"n":63,"text":"63. The Committee recommends that States parties withdraw any reservation made in respect of article 40 (2) (b) (v).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Right of review or appeal (art. 40 (2) (b) (v))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-24-0064","docId":"crc-c-gc-24","idx":64,"n":64,"text":"64. A child who cannot understand or speak the language used in the child justice system has the right to the free assistance of an interpreter at all stages of the process. Such interpreters should be trained to work with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Free assistance of an interpreter (art. 40 (2) (b) (vi))"]},{"id":"crc-c-gc-24-0065","docId":"crc-c-gc-24","idx":65,"n":65,"text":"65. States parties should provide adequate and effective assistance by well-trained professionals to children who experience communication barriers.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Free assistance of an interpreter (art. 40 (2) (b) (vi))"]},{"id":"crc-c-gc-24-0066","docId":"crc-c-gc-24","idx":66,"n":66,"text":"66. The right of a child to have his or her privacy fully respected during all stages of the proceedings, set out in article 40 (2) (b) (vii), should be read with articles 16 and 40 (1).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"16","source":"regex"},{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-24-0067","docId":"crc-c-gc-24","idx":67,"n":67,"text":"67. States parties should respect the rule that child justice hearings are to be conducted behind closed doors. Exceptions should be very limited and clearly stated in the law. If the verdict and/or sentence is pronounced in public at a court session, the identity of the child should not be revealed. Furthermore, the right to privacy also means that the court files and records of children s should be kept strictly confidential and closed to third parties except for those directly involved in the investigation and adjudication of, and the ruling on, the case.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-24-0068","docId":"crc-c-gc-24","idx":68,"n":68,"text":"68. Case-law reports relating to children should be anonymous, and such reports placed online should adhere to this rule.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-24-0069","docId":"crc-c-gc-24","idx":69,"n":69,"text":"69. The Committee recommends that States refrain from listing the details of any child, or person who was a child at the time of the commission of the offence, in any public register of offenders. The inclusion of such details in other registers that are not public but impede access to opportunities for reintegration should be avoided.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-24-0070","docId":"crc-c-gc-24","idx":70,"n":70,"text":"70. In the Committee’s view, there should be lifelong protection from publication regarding crimes committed by children. The rationale for the non-publication rule, and for its continuation after the child reaches the age of 18, is that publication causes ongoing stigmatization, which is likely to have a negative impact on access to education, work, housing or safety. This impedes the child’s reintegration and assumption of a constructive role in society. States parties should thus ensure that the general rule is lifelong privacy protection pertaining to all types of media, including social media.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-24-0071","docId":"crc-c-gc-24","idx":71,"n":71,"text":"71. Furthermore, the Committee recommends that States parties introduce rules permitting the removal of children’s criminal records when they reach the age of 18, automatically or, in exceptional cases, following independent review.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","D. Guarantees for a fair trial","Full respect of privacy (arts. 16 and 40 (2) (b) (vii))"]},{"id":"crc-c-gc-24-0072","docId":"crc-c-gc-24","idx":72,"n":72,"text":"72. The decision to bring a child into the justice system does not mean the child must go through a formal court process. In line with the observations made above in section IV.B, the Committee emphasizes that the competent authorities – in most States the public prosecutor – should continuously explore the possibilities of avoiding a court process or conviction, through diversion and other measures. In other words, diversion options should be offered from the earliest point of contact, before a trial commences, and be available throughout the proceedings. In the process of offering diversion, the child’s human rights and legal safeguards should be fully respected, bearing in mind that the nature and duration of diversion measures may be demanding, and that legal or other appropriate assistance is therefore necessary. Diversion should be presented to the child as a way to suspend the formal court process, which will be terminated if the diversion programme is carried out in a satisfactory manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Diversion throughout the proceedings"]},{"id":"crc-c-gc-24-0073","docId":"crc-c-gc-24","idx":73,"n":73,"text":"73. After proceedings in full compliance with article 40 of Convention are conducted (see section IV.D above), a decision on dispositions is made. The laws should contain a wide variety of non-custodial measures and should expressly prioritize the use of such measures to ensure that deprivation of liberty is used only as a measure of last resort and for the shortest appropriate period of time.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"],"citedArticles":[{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-24-0074","docId":"crc-c-gc-24","idx":74,"n":74,"text":"74. A wide range of experience with the use and implementation of non-custodial measures, including restorative justice measures, exists. States parties should benefit from this experience, and develop and implement such measures by adjusting them to their own culture and tradition. Measures amounting to forced labour or to torture or inhuman and degrading treatment are to be explicitly prohibited and penalized.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"]},{"id":"crc-c-gc-24-0075","docId":"crc-c-gc-24","idx":75,"n":75,"text":"75. The Committee reiterates that corporal punishment as a sanction is a violation of article 37 (a) of the Convention, which prohibits all forms of cruel, inhuman and degrading treatment or punishment (see also the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0076","docId":"crc-c-gc-24","idx":76,"n":76,"text":"76. The Committee emphasizes that the reaction to an offence should always be proportionate not only to the circumstances and the gravity of the offence, but also to the personal circumstances (age, lesser culpability, circumstances and needs, including, if appropriate, the mental health needs of the child), as well as to the various and particularly longterm needs of the society. A strictly punitive approach is not in accordance with the principles of child justice spelled out in article 40 (1) of the Convention. Where serious offences are committed by children, measures proportionate to the circumstances of the offender and to the gravity of the offence may be considered, including considerations of the need for public safety and sanctions. Weight should be given to the child’s best interests as a primary consideration as well as to the need to promote the child’s reintegration into society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-24-0077","docId":"crc-c-gc-24","idx":77,"n":77,"text":"77. Recognizing the harm caused to children and adolescents by deprivation of liberty, and its negative effects on their prospects for successful reintegration, the Committee recommends that States parties set a maximum penalty for children accused of crimes that reflects the principle of the “shortest appropriate period of time” (Convention on the Rights of the Child, art. 37 (b)).","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0078","docId":"crc-c-gc-24","idx":78,"n":78,"text":"78. Mandatory minimum sentences are incompatible with the child justice principle of proportionality and with the requirement that detention is to be a measure of last resort and for the shortest appropriate period of time. Courts sentencing children should start with a clean slate; even discretionary minimum sentence regimes impede proper application of international standards.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Dispositions by the child justice court"]},{"id":"crc-c-gc-24-0079","docId":"crc-c-gc-24","idx":79,"n":79,"text":"79. Article 37 (a) of the Convention reflects the customary international law prohibition of the imposition of the death penalty for a crime committed by a person who is under 18 years of age. A few States parties assume that the rule prohibits only the execution of persons who are below the age of 18 years at the time of execution. Other States defer the execution until the age of 18. The Committee reiterates that the explicit and decisive criterion is the age at the time of the commission of the offence. If there is no reliable and conclusive proof that the person was below the age of 18 at the time the crime was committed, he or she should have the benefit of the doubt and the death penalty cannot be imposed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Prohibition of the death penalty"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0080","docId":"crc-c-gc-24","idx":80,"n":80,"text":"80. The Committee calls upon the few States parties that have not yet abolished the imposition of the death penalty for all offences committed by persons below the age of 18 years to do so urgently and without exceptions. Any death penalty imposed on a person who was below the age of 18 at the time of the commission of the offence should be commuted to a sanction that is in full conformity with Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","Prohibition of the death penalty"]},{"id":"crc-c-gc-24-0081","docId":"crc-c-gc-24","idx":81,"n":81,"text":"81. No child who was below the age of 18 at the time he or she committed an offence should be sentenced to life imprisonment without the possibility of release or parole. The period to be served before consideration of parole should be substantially shorter than that for adults and should be realistic, and the possibility of parole should be regularly reconsidered. The Committee reminds States parties that sentence children to life imprisonment with the possibility of release or parole that in applying this sanction they should strive for the realization of the aims of article 40 (1) of the Convention. This means, inter alia, that a child sentenced to life imprisonment should receive education, treatment and care aiming at his or her release, reintegration and ability to assume a constructive role in society. This also requires a regular review of the child’s development and progress in order to decide on his or her possible release. Life imprisonment makes it very difficult, if not impossible, to achieve the aims of reintegration. The Committee notes the 2015 report in which the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment finds that life imprisonment and lengthy sentences, such as consecutive sentencing, are grossly disproportionate and therefore cruel, inhuman or degrading when imposed on a child (A/HRC/28/68, para. 74). The Committee strongly recommends that States parties abolish all forms of life imprisonment, including indeterminate sentences, for all offences committed by persons who were below the age of 18 at the time of commission of the offence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","E. Measures","No life imprisonment without parole"],"citedArticles":[{"treaty":"CRC","article":"40","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-24-0082","docId":"crc-c-gc-24","idx":82,"n":82,"text":"82. Article 37 of the Convention contains important principles for the use of deprivation of liberty, the procedural rights of every child deprived of liberty and provisions concerning the treatment of and conditions for children deprived of their liberty. The Committee draws the attention of States parties to the 2018 report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, in which the Special Rapporteur noted that the scale and magnitude of children’s suffering in detention and confinement called for a global commitment to the abolition of child prisons and large care institutions, alongside scaled-up investment in community-based services (A/HRC/38/36, para. 53).","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0083","docId":"crc-c-gc-24","idx":83,"n":83,"text":"83. States parties should immediately embark on a process to reduce reliance on detention to a minimum.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration"]},{"id":"crc-c-gc-24-0084","docId":"crc-c-gc-24","idx":84,"n":84,"text":"84. Nothing in the present general comment should be construed as promoting or supporting the use of deprivation of liberty, but rather as providing correct procedures and conditions in the minority of cases where deprivation of liberty is deemed necessary.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration"]},{"id":"crc-c-gc-24-0085","docId":"crc-c-gc-24","idx":85,"n":85,"text":"85. The leading principles for the use of deprivation of liberty are: (a) the arrest, detention or imprisonment of a child is to be used only in conformity with the law, only as a measure of last resort and for the shortest appropriate period of time; and (b) no child is to be deprived of his or her liberty unlawfully or arbitrarily. Arrest is often the starting point of pretrial detention, and States should ensure that the law places clear obligations on law enforcement officers to apply article 37 in the context of arrest. States should further ensure that children are not held in transportation or in police cells, except as a measure of last resort and for the shortest period of time, and that they are not held with adults, except where that is in their best interests. Mechanisms for swift release to parents or appropriate adults should be prioritized.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Leading principles"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0086","docId":"crc-c-gc-24","idx":86,"n":86,"text":"86. The Committee notes with concern that, in many countries, children languish in pretrial detention for months or even years, which constitutes a grave violation of article 37 (b) of the Convention. Pretrial detention should not be used except in the most serious cases, and even then only after community placement has been carefully considered. Diversion at the pretrial stage reduces the use of detention, but even where the child is to be tried in the child justice system, non-custodial measures should be carefully targeted to restrict the use of pretrial detention.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Leading principles"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0087","docId":"crc-c-gc-24","idx":87,"n":87,"text":"87. The law should clearly state the criteria for the use of pretrial detention, which should be primarily for ensuring appearance at the court proceedings and if the child poses an immediate danger to others. If the child is considered a danger (to himself or herself or others) child protection measures should be applied. Pretrial detention should be subject to regular review and its duration limited by law. All actors in the child justice system should prioritize cases of children in pretrial detention.","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Leading principles"]},{"id":"crc-c-gc-24-0088","docId":"crc-c-gc-24","idx":88,"n":88,"text":"88. In application of the principle that deprivation of liberty should be imposed for the shortest appropriate period of time, States parties should provide regular opportunities to permit early release from custody, including police custody, into the care of parents or other appropriate adults. There should be discretion to release with or without conditions, such as reporting to an authorized person or place. The payment of monetary bail should not be a requirement, as most children cannot pay and because it discriminates against poor and marginalized families. Furthermore, where bail is set it means that there is a recognition in principle by the court that the child should be released, and other mechanisms can be used to secure attendance.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Leading principles"]},{"id":"crc-c-gc-24-0089","docId":"crc-c-gc-24","idx":89,"n":89,"text":"89. Every child deprived of his or her liberty has the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action. The Committee recommends that no child be deprived of liberty, unless there are genuine public safety or public health concerns, and encourages State parties to fix an age limit below which children may not legally be deprived of their liberty, such as 16 years of age.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-24-0090","docId":"crc-c-gc-24","idx":90,"n":90,"text":"90. Every child arrested and deprived of his or her liberty should be brought before a competent authority within 24 hours to examine the legality of the deprivation of liberty or its continuation. The Committee also recommends that States parties ensure that pretrial detention is reviewed regularly with a view to ending it. In cases where conditional release of the child at or before the first appearance (within 24 hours) is not possible, the child should be formally charged with the alleged offences and be brought before a court or other competent, independent and impartial authority or judicial body for the case to be dealt with as soon as possible but not later than 30 days after pretrial detention takes effect. The Committee, conscious of the practice of adjourning court hearings many times and/or for long periods, urges States parties to adopt maximum limits for the number and length of postponements and introduce legal or administrative provisions to ensure that the court or other competent body makes a final decision on the charges not later than six months from the initial date of detention, failing which the child should be released.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-24-0091","docId":"crc-c-gc-24","idx":91,"n":91,"text":"91. The right to challenge the legality of the deprivation of liberty includes not only the right to appeal court decisions, but also the right of access to a court for review of an administrative decision (taken by, for example, the police, the prosecutor and other competent authorities). States parties should set short time limits for the finalization of appeals and reviews to ensure prompt decisions, as required by the Convention.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Procedural rights (art. 37 (d))"]},{"id":"crc-c-gc-24-0092","docId":"crc-c-gc-24","idx":92,"n":92,"text":"92. Every child deprived of liberty is to be separated from adults, including in police cells. A child deprived of liberty is not to be placed in a centre or prison for adults, as there is abundant evidence that this compromises their health and basic safety and their future ability to remain free of crime and to reintegrate. The permitted exception to the separation of children from adults stated in article 37 (c) of the Convention – “unless it is considered in the child’s best interests not to do so” – should be interpreted narrowly and the convenience of the States parties should not override best interests. States parties should establish separate facilities for children deprived of their liberty that are staffed by appropriately trained personnel and that operate according to child-friendly policies and practices.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Treatment and conditions (art. 37 (c))"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0093","docId":"crc-c-gc-24","idx":93,"n":93,"text":"93. The above rule does not mean that a child placed in a facility for children should be moved to a facility for adults immediately after he or she reaches the age of 18. The continuation of his or her stay in the facility for children should be possible if that is in his or her best interests and not contrary to the best interests of the children in the facility.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Treatment and conditions (art. 37 (c))"]},{"id":"crc-c-gc-24-0094","docId":"crc-c-gc-24","idx":94,"n":94,"text":"94. Every child deprived of liberty has the right to maintain contact with his or her family through correspondence and visits. To facilitate visits, the child should be placed in a facility as close as possible to his or her family’s place of residence. Exceptional circumstances that may limit this contact should be clearly described in law and not be left to the discretion of the authorities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Treatment and conditions (art. 37 (c))"]},{"id":"crc-c-gc-24-0095","docId":"crc-c-gc-24","idx":95,"n":95,"text":"95. The Committee emphasizes that, inter alia, the following principles and rules need to be observed in all cases of deprivation of liberty:","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","F. Deprivation of liberty, including pretrial detention and post-trial incarceration","Treatment and conditions (art. 37 (c))"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-24-0096","docId":"crc-c-gc-24","idx":96,"n":96,"text":"96. There is an emerging view that trials of civilians by military tribunals and State security courts contravene the non-derogable right to a fair trial by a competent, independent and impartial court. This is an even more concerning breach of rights for children, who should always be dealt with in specialized child justice systems. The Committee has raised concerns about this in several concluding observations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Military courts and State security courts"]},{"id":"crc-c-gc-24-0097","docId":"crc-c-gc-24","idx":97,"n":97,"text":"97. The United Nations has verified numerous cases of recruitment and exploitation of children by non-State armed groups, including those designated as terrorist groups, not only in conflict areas but also in non-conflict areas, including children’s countries of origin and countries of transit or return.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Children recruited and used by non-State armed groups, including those designated as terrorist groups, and children charged in counter-terrorism contexts"]},{"id":"crc-c-gc-24-0098","docId":"crc-c-gc-24","idx":98,"n":98,"text":"98. When under the control of such groups, children may become victims of multiple forms of violations, such as conscription; military training; being used in hostilities and/or terrorist acts, including suicide attacks; being forced to carry out executions; being used as human shields; abduction; sale; trafficking; sexual exploitation; child marriage; being used for the transport or sale of drugs; or being exploited to carry out dangerous tasks, such as spying, conducting surveillance, guarding checkpoints, conducting patrols or transporting military equipment. It has been reported that non-State armed groups and those designated as terrorist groups also force children to commit acts of violence against their own families or within their own communities to demonstrate loyalty and to discourage future defection.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Children recruited and used by non-State armed groups, including those designated as terrorist groups, and children charged in counter-terrorism contexts"]},{"id":"crc-c-gc-24-0099","docId":"crc-c-gc-24","idx":99,"n":99,"text":"99. The authorities of States parties face a number of challenges when dealing with these children. Some States parties have adopted a punitive approach with no or limited consideration of children’s rights, resulting in lasting consequences for the development of the child and having a negative impact on the opportunities for social reintegration, which in turn may have serious consequences for the broader society. Often, these children are arrested, detained, prosecuted and put on trial for their actions in conflict areas and, to a lesser extent, also in their countries of origin or return.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Children recruited and used by non-State armed groups, including those designated as terrorist groups, and children charged in counter-terrorism contexts"]},{"id":"crc-c-gc-24-0100","docId":"crc-c-gc-24","idx":100,"n":100,"text":"100. The Committee draws the attention of States parties to Security Council resolution 2427 (2018). In the resolution, the Council stressed the need to establish standard operating procedures for the rapid handover of children associated or allegedly associated with all non-State armed groups, including those who committed acts of terrorism, to relevant civilian child protection actors. The Council emphasized that children who had been recruited in violation of applicable international law by armed forces and armed groups and were accused of having committed crimes during armed conflicts should be treated primarily as victims of violations of international law. The Council also urged Member States to consider non-judicial measures as alternatives to prosecution and detention that were focused on reintegration, and called on them to apply due process for all children detained for association with armed forces and armed groups.","labels":["Children","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Children recruited and used by non-State armed groups, including those designated as terrorist groups, and children charged in counter-terrorism contexts"]},{"id":"crc-c-gc-24-0101","docId":"crc-c-gc-24","idx":101,"n":101,"text":"101. States parties should ensure that all children charged with offences, regardless of the gravity or the context, are dealt with in terms of articles 37 and 40 of the Convention, and should refrain from charging and prosecuting them for expressions of opinion or for mere association with a non-State armed group, including those designated as terrorist groups. In line with paragraph 88 of its general comment No. 20, the Committee further recommends that States parties adopt preventive interventions to tackle social factors and root causes, as well as social reintegration measures, including when implementing Security Council resolutions related to counter-terrorism, such as resolutions 1373 (2001), 2178 (2014), 2396 (2017) and 2427 (2018), and General Assembly resolution 72/284, in particular the recommendations contained in paragraph 18.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Children recruited and used by non-State armed groups, including those designated as terrorist groups, and children charged in counter-terrorism contexts"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-24-0102","docId":"crc-c-gc-24","idx":102,"n":102,"text":"102. Many children come into contact with plural justice systems that operate parallel to or on the margins of the formal justice system. These may include customary, tribal, indigenous or other justice systems. They may be more accessible than the formal mechanisms and have the advantage of quickly and relatively inexpensively proposing responses tailored to cultural specificities. Such systems can serve as an alternative to official proceedings against children, and are likely to contribute favourably to the change of cultural attitudes concerning children and justice.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Customary, indigenous and non-State forms of justice"]},{"id":"crc-c-gc-24-0103","docId":"crc-c-gc-24","idx":103,"n":103,"text":"103. There is an emerging consensus that reforms of justice sector programmes should be attentive to such systems. Considering the potential tension between State and non-State justice, in addition to concerns about procedural rights and risks of discrimination or marginalization, reforms should proceed in stages, with a methodology that involves a full understanding of the comparative systems concerned and that is acceptable to all stakeholders. Customary justice processes and outcomes should be aligned with constitutional law and with legal and procedural guarantees. It is important that unfair discrimination does not occur, if children committing similar crimes are being dealt with differently in parallel systems or forums.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Customary, indigenous and non-State forms of justice"]},{"id":"crc-c-gc-24-0104","docId":"crc-c-gc-24","idx":104,"n":104,"text":"104. The principles of the Convention should be infused into all justice mechanisms dealing with children, and States parties should ensure that the Convention is known and implemented. Restorative justice responses are often achievable through customary, indigenous or other non-State justice systems, and may provide opportunities for learning for the formal child justice system. Furthermore, recognition of such justice systems can contribute to increased respect for the traditions of indigenous societies, which could have benefits for indigenous children. Interventions, strategies and reforms should be designed for specific contexts and the process should be driven by national actors.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["IV. Core elements of a comprehensive child justice policy","G. Specific issues","Customary, indigenous and non-State forms of justice"]},{"id":"crc-c-gc-24-0105","docId":"crc-c-gc-24","idx":105,"n":105,"text":"105. In order to ensure the full implementation of the principles and rights elaborated in the previous paragraphs, it is necessary to establish an effective organization for the administration of child justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0106","docId":"crc-c-gc-24","idx":106,"n":106,"text":"106. A comprehensive child justice system requires the establishment of specialized units within the police, the judiciary, the court system and the prosecutor’s office, as well as specialized defenders or other representatives who provide legal or other appropriate assistance to the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0107","docId":"crc-c-gc-24","idx":107,"n":107,"text":"107. The Committee recommends that States parties establish child justice courts either as separate units or as part of existing courts. Where that is not feasible for practical reasons, States parties should ensure the appointment of specialized judges for dealing with cases concerning child justice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0108","docId":"crc-c-gc-24","idx":108,"n":108,"text":"108. Specialized services such as probation, counselling or supervision should be established together with specialized facilities, for example day treatment centres and, where necessary, small-scale facilities for residential care and treatment of children referred by the child justice system. Effective inter-agency coordination of the activities of all these specialized units, services and facilities should be continuously promoted.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0109","docId":"crc-c-gc-24","idx":109,"n":109,"text":"109. In addition, individual assessments of children and a multidisciplinary approach are encouraged. Particular attention should be paid to specialized community-based services for children who are below the age of criminal responsibility, but who are assessed to be in need of support.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0110","docId":"crc-c-gc-24","idx":110,"n":110,"text":"110. Non-governmental organizations can and do play an important role in child justice. The Committee therefore recommends that States parties seek the active involvement of such organizations in the development and implementation of their comprehensive child justice policy and, where appropriate, provide them with the necessary resources for this involvement.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["V. Organization of the child justice system"]},{"id":"crc-c-gc-24-0111","docId":"crc-c-gc-24","idx":111,"n":111,"text":"111. Children who commit offences are often subjected to negative publicity in the media, which contributes to a discriminatory and negative stereotyping of those children. This negative presentation or criminalization of children is often based on a misrepresentation and/or misunderstanding of the causes of crime, and regularly results in calls for tougher approaches (zero-tolerance and “three strikes” approaches, mandatory sentences, trial in adult courts and other primarily punitive measures). States parties should seek the active and positive involvement of Members of Parliament, non-governmental organizations and the media to promote and support education and other campaigns to ensure that all aspects of the Convention are upheld for children who are in the child justice system. It is crucial for children, in particular those who have experience with the child justice system, to be involved in these awareness-raising efforts.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["VI. Awareness-raising and training"]},{"id":"crc-c-gc-24-0112","docId":"crc-c-gc-24","idx":112,"n":112,"text":"112. It is essential for the quality of the administration of child justice that all the professionals involved receive appropriate multidisciplinary training on the content and meaning of the Convention. The training should be systematic and continuous and should not be limited to information on the relevant national and international legal provisions. It should include established and emerging information from a variety of fields on, inter alia, the social and other causes of crime, the social and psychological development of children, including current neuroscience findings, disparities that may amount to discrimination against certain marginalized groups such as children belonging to minorities or indigenous peoples, the culture and the trends in the world of young people, the dynamics of group activities and the available diversion measures and non-custodial sentences, in particular measures that avoid resorting to judicial proceedings. Consideration should also be given to the possible use of new technologies such as video “court appearances”, while noting the risks of others, such as DNA profiling. There should be a constant reappraisal of what works.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["VI. Awareness-raising and training"]},{"id":"crc-c-gc-24-0113","docId":"crc-c-gc-24","idx":113,"n":113,"text":"113. The Committee urges States parties to systematically collect disaggregated data, including on the number and nature of offences committed by children, the use and the average duration of pretrial detention, the number of children dealt with by resorting to measures other than judicial proceedings (diversion), the number of convicted children, the nature of the sanctions imposed on them and the number of children deprived of their liberty.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["VII. Data collection, evaluation and research"]},{"id":"crc-c-gc-24-0114","docId":"crc-c-gc-24","idx":114,"n":114,"text":"114. The Committee recommends that States parties ensure regular evaluations of their child justice systems, in particular of the effectiveness of the measures taken, and in relation to matters such as discrimination, reintegration and patterns of offending, preferably carried out by independent academic institutions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["VII. Data collection, evaluation and research"]},{"id":"crc-c-gc-24-0115","docId":"crc-c-gc-24","idx":115,"n":115,"text":"115. It is important that children are involved in this evaluation and research, in particular those who are or who have previously had contact with the system, and that the evaluation and research are undertaken in line with existing international guidelines on the involvement of children in research.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2019,"section":["VII. Data collection, evaluation and research"]},{"id":"crc-c-gc-25-0001","docId":"crc-c-gc-25","idx":1,"n":1,"text":"1. The children consulted for the present general comment reported that digital technologies were vital to their current lives and to their future: “By the means of digital technology, we can get information from all around the world”; “[Digital technology] introduced me to major aspects of how I identify myself”; “When you are sad, the Internet can help you [to] see something that brings you joy”.[[fn:1]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":1,"text":"“Our rights in a digital world”, summary report on the consultation of children for the present general comment, pp. 14 and 22. Available from https://5rightsfoundation.com/uploads/Our%20Rights% 20in%20a%20Digital%20World.pdf. All references to children’s views refer to that report."}],"section":["I. Introduction"]},{"id":"crc-c-gc-25-0002","docId":"crc-c-gc-25","idx":2,"n":2,"text":"2. The digital environment is constantly evolving and expanding, encompassing information and communications technologies, including digital networks, content, services and applications, connected devices and environments, virtual and augmented reality, artificial intelligence, robotics, automated systems, algorithms and data analytics, biometrics and implant technology.[[fn:2]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":2,"text":"A terminology glossary is available on the Committee’s webpage: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2fCRC%2fINF%2f9314&Lang=en."}],"section":["I. Introduction"]},{"id":"crc-c-gc-25-0003","docId":"crc-c-gc-25","idx":3,"n":3,"text":"3. The digital environment is becoming increasingly important across most aspects of children’s lives, including during times of crisis, as societal functions, including education, government services and commerce, progressively come to rely upon digital technologies. It affords new opportunities for the realization of children’s rights, but also poses the risks of their violation or abuse. During consultations, children expressed the view that the digital environment should support, promote and protect their safe and equitable engagement: “We would like the government, technology companies and teachers to help us [to] manage untrustworthy information online.”; “I would like to obtain clarity about what really happens with my data … Why collect it? How is it being collected?”; “I am … worried about my data being shared”.[[fn:3]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":3,"text":"“Our rights in a digital world”, pp. 14, 16, 22 and 25."}],"section":["I. Introduction"]},{"id":"crc-c-gc-25-0004","docId":"crc-c-gc-25","idx":4,"n":4,"text":"4. The rights of every child must be respected, protected and fulfilled in the digital environment. Innovations in digital technologies affect children’s lives and their rights in ways that are wide-ranging and interdependent, even where children do not themselves access the Internet. Meaningful access to digital technologies can support children to realize the full range of their civil, political, cultural, economic and social rights. However, if digital inclusion is not achieved, existing inequalities are likely to increase, and new ones may arise.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Introduction"]},{"id":"crc-c-gc-25-0005","docId":"crc-c-gc-25","idx":5,"n":5,"text":"5. The present general comment draws on the Committee’s experience in reviewing States parties’ reports, its day of general discussion on digital media and children’s rights, the jurisprudence of the human rights treaty bodies, the recommendations of the Human Rights Council and the special procedures of the Council, two rounds of consultations with States, experts and other stakeholders on the concept note and advanced draft and an international consultation with 709 children living in a wide variety of circumstances in 28 countries in several regions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Introduction"]},{"id":"crc-c-gc-25-0006","docId":"crc-c-gc-25","idx":6,"n":6,"text":"6. The present general comment should be read in conjunction with other relevant general comments of the Committee and its guidelines regarding the implementation of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Introduction"]},{"id":"crc-c-gc-25-0007","docId":"crc-c-gc-25","idx":7,"n":7,"text":"7. In the present general comment, the Committee explains how States parties should implement the Convention in relation to the digital environment and provides guidance on relevant legislative, policy and other measures to ensure full compliance with their obligations under the Convention and the Optional Protocols thereto in the light of the opportunities, risks and challenges in promoting, respecting, protecting and fulfilling all children’s rights in the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["II. Objective"]},{"id":"crc-c-gc-25-0008","docId":"crc-c-gc-25","idx":8,"n":8,"text":"8. The following four principles provide a lens through which the implementation of all other rights under the Convention should be viewed. They should serve as a guide for determining the measures needed to guarantee the realization of children’s rights in relation to the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles"]},{"id":"crc-c-gc-25-0009","docId":"crc-c-gc-25","idx":9,"n":9,"text":"9. The right to non-discrimination requires that States parties ensure that all children have equal and effective access to the digital environment in ways that are meaningful for them.[[fn:4]] States parties should take all measures necessary to overcome digital exclusion. That includes providing free and safe access for children in dedicated public locations and investing in policies and programmes that support all children’s affordable access to, and knowledgeable use of, digital technologies in educational settings, communities and homes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":4,"text":"General comment No. 9 (2006), paras. 37–38."}],"section":["III. General principles","A. Non-discrimination"]},{"id":"crc-c-gc-25-0010","docId":"crc-c-gc-25","idx":10,"n":10,"text":"10. Children may be discriminated against by their being excluded from using digital technologies and services or by receiving hateful communications or unfair treatment through use of those technologies. Other forms of discrimination can arise when automated processes that result in information filtering, profiling or decision-making are based on biased, partial or unfairly obtained data concerning a child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","A. Non-discrimination"]},{"id":"crc-c-gc-25-0011","docId":"crc-c-gc-25","idx":11,"n":11,"text":"11. The Committee calls upon States parties to take proactive measures to prevent discrimination on the basis of sex, disability, socioeconomic background, ethnic or national origin, language or any other grounds, and discrimination against minority and indigenous children, asylum-seeking, refugee and migrant children, lesbian, gay, bisexual, transgender and intersex children, children who are victims and survivors of trafficking or sexual exploitation, children in alternative care, children deprived of liberty and children in other vulnerable situations. Specific measures will be required to close the gender-related digital divide for girls and to ensure that particular attention is given to access, digital literacy, privacy and online safety.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","LGBTI+"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","A. Non-discrimination"]},{"id":"crc-c-gc-25-0012","docId":"crc-c-gc-25","idx":12,"n":12,"text":"12. The best interests of the child is a dynamic concept that requires an assessment appropriate to the specific context.[[fn:5]] The digital environment was not originally designed for children, yet it plays a significant role in children’s lives. States parties should ensure that, in all actions regarding the provision, regulation, design, management and use of the digital environment, the best interests of every child is a primary consideration.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":5,"text":"General comment No. 14 (2013), para. 1."}],"section":["III. General principles","B. Best interests of the child"]},{"id":"crc-c-gc-25-0013","docId":"crc-c-gc-25","idx":13,"n":13,"text":"13. States parties should involve the national and local bodies that oversee the fulfilment of the rights of children in such actions. In considering the best interests of the child, they should have regard for all children’s rights, including their rights to seek, receive and impart information, to be protected from harm and to have their views given due weight, and ensure transparency in the assessment of the best interests of the child and the criteria that have been applied.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","B. Best interests of the child"]},{"id":"crc-c-gc-25-0014","docId":"crc-c-gc-25","idx":14,"n":14,"text":"14. Opportunities provided by the digital environment play an increasingly crucial role in children’s development and may be vital for children’s life and survival, especially in situations of crisis. States parties should take all appropriate measures to protect children from risks to their right to life, survival and development. Risks relating to content, contact, conduct and contract encompass, among other things, violent and sexual content, cyberaggression and harassment, gambling, exploitation and abuse, including sexual exploitation and abuse, and the promotion of or incitement to suicide or life-threatening activities, including by criminals or armed groups designated as terrorist or violent extremist. States parties should identify and address the emerging risks that children face in diverse contexts, including by listening to their views on the nature of the particular risks that they face.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","C. Right to life, survival and development"]},{"id":"crc-c-gc-25-0015","docId":"crc-c-gc-25","idx":15,"n":15,"text":"15. The use of digital devices should not be harmful, nor should it be a substitute for in-person interactions among children or between children and parents or caregivers. States parties should pay specific attention to the effects of technology in the earliest years of life, when brain plasticity is maximal and the social environment, in particular relationships with parents and caregivers, is crucial to shaping children’s cognitive, emotional and social development. In the early years, precautions may be required, depending on the design, purpose and uses of technologies. Training and advice on the appropriate use of digital devices should be given to parents, caregivers, educators and other relevant actors, taking into account the research on the effects of digital technologies on children’s development, especially during the critical neurological growth spurts of early childhood and adolescence.[[fn:6]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":6,"text":"General comment No. 24 (2019), para. 22; and general comment No. 20 (2016), paras. 9–11."}],"section":["III. General principles","C. Right to life, survival and development"]},{"id":"crc-c-gc-25-0016","docId":"crc-c-gc-25","idx":16,"n":16,"text":"16. Children reported that the digital environment afforded them crucial opportunities for their voices to be heard in matters that affected them.[[fn:7]] The use of digital technologies can help to realize children’s participation at the local, national and international levels.[[fn:8]] States parties should promote awareness of, and access to, digital means for children to express their views and offer training and support for children to participate on an equal basis with adults, anonymously where needed, so that they can be effective advocates for their rights, individually and as a group.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":7,"text":"“Our rights in a digital world”, p. 17."},{"n":8,"text":"General comment No. 14 (2013), paras. 89–91."}],"section":["III. General principles","D. Respect for the views of the child"]},{"id":"crc-c-gc-25-0017","docId":"crc-c-gc-25","idx":17,"n":17,"text":"17. When developing legislation, policies, programmes, services and training on children’s rights in relation to the digital environment, States parties should involve all children, listen to their needs and give due weight to their views. They should ensure that digital service providers actively engage with children, applying appropriate safeguards, and give their views due consideration when developing products and services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","D. Respect for the views of the child"]},{"id":"crc-c-gc-25-0018","docId":"crc-c-gc-25","idx":18,"n":18,"text":"18. States parties are encouraged to utilize the digital environment to consult with children on relevant legislative, administrative and other measures and to ensure that their views are considered seriously and that children’s participation does not result in undue monitoring or data collection that violates their right to privacy, freedom of thought and opinion. They should ensure that consultative processes are inclusive of children who lack access to technology or the skills to use it.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["III. General principles","D. Respect for the views of the child"]},{"id":"crc-c-gc-25-0019","docId":"crc-c-gc-25","idx":19,"n":19,"text":"19. States parties should respect the evolving capacities of the child as an enabling principle that addresses the process of their gradual acquisition of competencies, understanding and agency.[[fn:9]] That process has particular significance in the digital environment, where children can engage more independently from supervision by parents and caregivers. The risks and opportunities associated with children’s engagement in the digital environment change depending on their age and stage of development. They should be guided by those considerations whenever they are designing measures to protect children in, or facilitate their access to, that environment. The design of age-appropriate measures should be informed by the best and most up-to-date research available, from a range of disciplines.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":9,"text":"General comment No. 7 (2005), para. 17; and general comment No. 20 (2016), paras. 18 and 20."}],"section":["IV. Evolving capacities"]},{"id":"crc-c-gc-25-0020","docId":"crc-c-gc-25","idx":20,"n":20,"text":"20. States parties should take into account the changing position of children and their agency in the modern world, children’s competence and understanding, which develop unevenly across areas of skill and activity, and the diverse nature of the risks involved. Those considerations must be balanced with the importance of exercising their rights in supported environments and the range of individual experiences and circumstances.[[fn:10]] States parties should ensure that digital service providers offer services that are appropriate for children’s evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":10,"text":"General comment No. 20 (2016), para. 20."}],"section":["IV. Evolving capacities"]},{"id":"crc-c-gc-25-0021","docId":"crc-c-gc-25","idx":21,"n":21,"text":"21. In accordance with States’ duty to render appropriate assistance to parents and caregivers in the performance of their child-rearing responsibilities, States parties should promote awareness among parents and caregivers of the need to respect children’s evolving autonomy, capacities and privacy. They should support parents and caregivers in acquiring digital literacy and awareness of the risks to children in order to help them to assist children in the realization of their rights, including to protection, in relation to the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["IV. Evolving capacities"]},{"id":"crc-c-gc-25-0022","docId":"crc-c-gc-25","idx":22,"n":22,"text":"22. Opportunities for the realization of children’s rights and their protection in the digital environment require a broad range of legislative, administrative and other measures, including precautionary ones.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties"]},{"id":"crc-c-gc-25-0023","docId":"crc-c-gc-25","idx":23,"n":23,"text":"23. States parties should review, adopt and update national legislation in line with international human rights standards, to ensure that the digital environment is compatible with the rights set out in the Convention and the Optional Protocols thereto. Legislation should remain relevant, in the context of technological advances and emerging practices. They should mandate the use of child rights impact assessments to embed children’s rights into legislation, budgetary allocations and other administrative decisions relating to the digital environment and promote their use among public bodies and businesses relating to the digital environment.[[fn:11]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":11,"text":"General comment No. 5 (2003), para. 45; general comment No. 14 (2013), para. 99; and general comment No. 16 (2013), paras. 78–81."}],"section":["V. General measures of implementation by States parties","A. Legislation"]},{"id":"crc-c-gc-25-0024","docId":"crc-c-gc-25","idx":24,"n":24,"text":"24. States parties should ensure that national policies relating to children’s rights specifically address the digital environment, and they should implement regulation, industry codes, design standards and action plans accordingly, all of which should be regularly evaluated and updated. Such national policies should be aimed at providing children with the opportunity to benefit from engaging with the digital environment and ensuring their safe access to it.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","B. Comprehensive policy and strategy"]},{"id":"crc-c-gc-25-0025","docId":"crc-c-gc-25","idx":25,"n":25,"text":"25. Children’s online protection should be integrated within national child protection policies. States parties should implement measures that protect children from risks, including cyberaggression and digital technology-facilitated and online child sexual exploitation and abuse, ensure the investigation of such crimes and provide remedy and support for children who are victims. They should also address the needs of children in disadvantaged or vulnerable situations, including by providing child-friendly information that is, when necessary, translated into relevant minority languages.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","B. Comprehensive policy and strategy"]},{"id":"crc-c-gc-25-0026","docId":"crc-c-gc-25","idx":26,"n":26,"text":"26. States parties should ensure the operation of effective child protection mechanisms online and safeguarding policies, while also respecting children’s other rights, in all settings where children access the digital environment, which includes the home, educational settings, cybercafés, youth centres, libraries and health and alternative care settings.","labels":["Children","Adolescents","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","B. Comprehensive policy and strategy"]},{"id":"crc-c-gc-25-0027","docId":"crc-c-gc-25","idx":27,"n":27,"text":"27. To encompass the cross-cutting consequences of the digital environment for children’s rights, States parties should identify a government body that is mandated to coordinate policies, guidelines and programmes relating to children’s rights among central government departments and the various levels of government.[[fn:12]] Such a national coordination mechanism should engage with schools and the information and communications technology sector and cooperate with businesses, civil society, academia and organizations to realize children’s rights in relation to the digital environment at the cross-sectoral, national, regional and local levels.[[fn:13]] It should draw on technological and other relevant expertise within and beyond government, as needed, and be independently evaluated for its effectiveness in meeting its obligations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":12,"text":"General comment No. 5 (2003), para. 37."},{"n":13,"text":"Ibid., paras. 27 and 39."}],"section":["V. General measures of implementation by States parties","C. Coordination"]},{"id":"crc-c-gc-25-0028","docId":"crc-c-gc-25","idx":28,"n":28,"text":"28. States parties should mobilize, allocate and utilize public resources to implement legislation, policies and programmes to fully realize children’s rights in the digital environment and to improve digital inclusion, which is needed to address the increasing impact of the digital environment on children’s lives and to promote the equality of access to, and affordability of, services and connectivity.[[fn:14]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":14,"text":"General comment No. 19 (2016), para. 21."}],"section":["V. General measures of implementation by States parties","D. Allocation of resources"]},{"id":"crc-c-gc-25-0029","docId":"crc-c-gc-25","idx":29,"n":29,"text":"29. Where resources are contributed from the business sector or obtained through international cooperation, States parties should ensure that their own mandate, revenue mobilization, budget allocations and expenditure are not interfered with or undermined by third parties.[[fn:15]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":15,"text":"Ibid., para. 27 (b)."}],"section":["V. General measures of implementation by States parties","D. Allocation of resources"]},{"id":"crc-c-gc-25-0030","docId":"crc-c-gc-25","idx":30,"n":30,"text":"30. Regularly updated data and research are crucial to understanding the implications of the digital environment for children’s lives, evaluating its impact on their rights and assessing the effectiveness of State interventions. States parties should ensure the collection of robust, comprehensive data that is adequately resourced and that data are disaggregated by age, sex, disability, geographical location, ethnic and national origin and socioeconomic background. Such data and research, including research conducted with and by children, should inform legislation, policy and practice and should be available in the public domain.[[fn:16]] Data collection and research relating to children’s digital lives must respect their privacy and meet the highest ethical standards.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":16,"text":"General comment No. 5 (2003), paras. 48 and 50."}],"section":["V. General measures of implementation by States parties","E. Data collection and research"]},{"id":"crc-c-gc-25-0031","docId":"crc-c-gc-25","idx":31,"n":31,"text":"31. States parties should ensure that the mandates of national human rights institutions and other appropriate independent institutions cover children’s rights in the digital environment and that they are able to receive, investigate and address complaints from children and their representatives.[[fn:17]] Where independent oversight bodies exist to monitor activities in relation to the digital environment, national human rights institutions should work closely with such bodies on effectively discharging their mandate regarding children’s rights.[[fn:18]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":17,"text":"General comment No. 2 (2002), paras. 2 and 7."},{"n":18,"text":"Ibid., para. 7."}],"section":["V. General measures of implementation by States parties","F. Independent monitoring"]},{"id":"crc-c-gc-25-0032","docId":"crc-c-gc-25","idx":32,"n":32,"text":"32. States parties should disseminate information and conduct awareness-raising campaigns on the rights of the child in the digital environment, focusing in particular on those whose actions have a direct or indirect impact on children. They should facilitate educational programmes for children, parents and caregivers, the general public and policymakers to enhance their knowledge of children’s rights in relation to the opportunities and risks associated with digital products and services. Such programmes should include information on how children can benefit from digital products and services and develop their digital literacy and skills, how to protect children’s privacy and prevent victimization and how to recognize a child who is a victim of harm perpetrated online or offline and respond appropriately. Such programmes should be informed by research and consultations with children, parents and caregivers.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","G. Dissemination of information, awareness-raising and training"]},{"id":"crc-c-gc-25-0033","docId":"crc-c-gc-25","idx":33,"n":33,"text":"33. Professionals working for and with children and the business sector, including the technology industry, should receive training that includes how the digital environment affects the rights of the child in multiple contexts, the ways in which children exercise their rights in the digital environment and how they access and use technologies. They should also receive training on the application of international human rights standards to the digital environment. States parties should ensure that pre-service and in-service training relating to the digital environment is provided for professionals working at all levels of education, to support the development of their knowledge, skills and practice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","G. Dissemination of information, awareness-raising and training"]},{"id":"crc-c-gc-25-0034","docId":"crc-c-gc-25","idx":34,"n":34,"text":"34. States parties should systematically involve civil society, including child-led groups and non-governmental organizations working in the field of children’s rights and those concerned with the digital environment, in the development, implementation, monitoring and evaluation of laws, policies, plans and programmes relating to children’s rights. They should also ensure that civil society organizations are able to implement their activities relating to the promotion and protection of children’s rights in relation to the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["V. General measures of implementation by States parties","H. Cooperation with civil society"]},{"id":"crc-c-gc-25-0035","docId":"crc-c-gc-25","idx":35,"n":35,"text":"35. The business sector, including not-for-profit organizations, affects children’s rights directly and indirectly in the provision of services and products relating to the digital environment. Businesses should respect children’s rights and prevent and remedy abuse of their rights in relation to the digital environment. States parties have the obligation to ensure that businesses meet those responsibilities.[[fn:19]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":19,"text":"General comment No. 16 (2013), paras. 28, 42 and 82."}],"section":["I. Children’s rights and the business sector"]},{"id":"crc-c-gc-25-0036","docId":"crc-c-gc-25","idx":36,"n":36,"text":"36. States parties should take measures, including through the development, monitoring, implementation and evaluation of legislation, regulations and policies, to ensure compliance by businesses with their obligations to prevent their networks or online services from being used in ways that cause or contribute to violations or abuses of children’s rights, including their rights to privacy and protection, and to provide children, parents and caregivers with prompt and effective remedies. They should also encourage businesses to provide public information and accessible and timely advice to support children’s safe and beneficial digital activities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector"]},{"id":"crc-c-gc-25-0037","docId":"crc-c-gc-25","idx":37,"n":37,"text":"37. States parties have a duty to protect children from infringements of their rights by business enterprises, including the right to be protected from all forms of violence in the digital environment. Although businesses may not be directly involved in perpetrating harmful acts, they can cause or contribute to violations of children’s right to freedom from violence, including through the design and operation of digital services. States parties should put in place, monitor and enforce laws and regulations aimed at preventing violations of the right to protection from violence, as well as those aimed at investigating, adjudicating on and redressing violations as they occur in relation to the digital environment.[[fn:20]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":20,"text":"Ibid., para. 60."}],"section":["I. Children’s rights and the business sector"]},{"id":"crc-c-gc-25-0038","docId":"crc-c-gc-25","idx":38,"n":38,"text":"38. States parties should require the business sector to undertake child rights due diligence, in particular to carry out child rights impact assessments and disclose them to the public, with special consideration given to the differentiated and, at times, severe impacts of the digital environment on children.[[fn:21]] They should take appropriate steps to prevent, monitor, investigate and punish child rights abuses by businesses.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":21,"text":"Ibid., paras. 50 and 62–65."}],"section":["I. Children’s rights and the business sector"]},{"id":"crc-c-gc-25-0039","docId":"crc-c-gc-25","idx":39,"n":39,"text":"39. In addition to developing legislation and policies, States parties should require all businesses that affect children’s rights in relation to the digital environment to implement regulatory frameworks, industry codes and terms of services that adhere to the highest standards of ethics, privacy and safety in relation to the design, engineering, development, operation, distribution and marketing of their products and services. That includes businesses that target children, have children as end users or otherwise affect children. They should require such businesses to maintain high standards of transparency and accountability and encourage them to take measures to innovate in the best interests of the child. They should also require the provision of age-appropriate explanations to children, or to parents and caregivers for very young children, of their terms of service.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector"]},{"id":"crc-c-gc-25-0040","docId":"crc-c-gc-25","idx":40,"n":40,"text":"40. The digital environment includes businesses that rely financially on processing personal data to target revenue-generating or paid-for content, and such processes intentionally and unintentionally affect the digital experiences of children. Many of those processes involve multiple commercial partners, creating a supply chain of commercial activity and the processing of personal data that may result in violations or abuses of children’s rights, including through advertising design features that anticipate and guide a child’s actions towards more extreme content, automated notifications that can interrupt sleep or the use of a child’s personal information or location to target potentially harmful commercially driven content.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","J. Commercial advertising and marketing"]},{"id":"crc-c-gc-25-0041","docId":"crc-c-gc-25","idx":41,"n":41,"text":"41. States parties should make the best interests of the child a primary consideration when regulating advertising and marketing addressed to and accessible to children. Sponsorship, product placement and all other forms of commercially driven content should be clearly distinguished from all other content and should not perpetuate gender or racial stereotypes.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","J. Commercial advertising and marketing"]},{"id":"crc-c-gc-25-0042","docId":"crc-c-gc-25","idx":42,"n":42,"text":"42. States parties should prohibit by law the profiling or targeting of children of any age for commercial purposes on the basis of a digital record of their actual or inferred characteristics, including group or collective data, targeting by association or affinity profiling. Practices that rely on neuromarketing, emotional analytics, immersive advertising and advertising in virtual and augmented reality environments to promote products, applications and services should also be prohibited from engagement directly or indirectly with children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","J. Commercial advertising and marketing"]},{"id":"crc-c-gc-25-0043","docId":"crc-c-gc-25","idx":43,"n":43,"text":"43. Children face particular challenges in access to justice relating to the digital environment for a range of reasons. Such challenges arise because of the lack of legislation placing sanctions on children’s rights violations specifically in relation to the digital environment, the difficulties in obtaining evidence or identifying perpetrators or because children and their parents or caregivers lack knowledge of their rights or of what constitutes a violation or abuse of their rights in the digital environment, among other factors. Further challenges may arise if children are required to disclose sensitive or private online activities or from their fear of reprisals by peers or of social exclusion.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0044","docId":"crc-c-gc-25","idx":44,"n":44,"text":"44. States parties should ensure that appropriate and effective remedial judicial and non-judicial mechanisms for the violations of children’s rights relating to the digital environment are widely known and readily available to all children and their representatives. Complaint and reporting mechanisms should be free of charge, safe, confidential, responsive, child-friendly and available in accessible formats. States parties should also provide for collective complaints, including class action and public interest litigation, and for legal or other appropriate assistance, including through specialized services, to children whose rights have been violated in or through the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0045","docId":"crc-c-gc-25","idx":45,"n":45,"text":"45. States parties should establish, coordinate and regularly monitor and evaluate frameworks for the referral of such cases and the provision of effective support to children who are victims.[[fn:22]] Frameworks should include measures for the identification of, therapy and follow-up care for, and the social reintegration of, children who are victims. Training on the identification of children who are victims should be included in referral mechanisms, including for digital service providers. Measures within such a framework should be multi-agency and child-friendly, to prevent a child’s revictimization and secondary victimization in the context of investigative and judicial processes. That may require specialized protections for confidentiality and to redress harms associated with the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":22,"text":"General comment No. 21 (2017), para. 22. See also General Assembly resolution 60/147, annex."}],"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0046","docId":"crc-c-gc-25","idx":46,"n":46,"text":"46. Appropriate reparation includes restitution, compensation and satisfaction and may require apology, correction, removal of unlawful content, access to psychological recovery services or other measures.[[fn:23]] In relation to violations in the digital environment, remedial mechanisms should take into account the vulnerability of children and the need to be swift to halt ongoing and future damage. States parties should guarantee the non-recurrence of violations, including by the reform of relevant laws and policies and their effective implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":23,"text":"General comment No. 5 (2003), para. 24."}],"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0047","docId":"crc-c-gc-25","idx":47,"n":47,"text":"47. Digital technologies bring additional complexity to the investigation and prosecution of crimes against children, which may cross national borders. States parties should address the ways in which uses of digital technologies may facilitate or impede the investigation and prosecution of crimes against children and take all available preventative, enforcement and remedial measures, including in cooperation with international partners. They should provide specialized training for law enforcement officials, prosecutors and judges regarding child rights violations specifically associated with the digital environment, including through international cooperation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0048","docId":"crc-c-gc-25","idx":48,"n":48,"text":"48. Children may face particular difficulties in obtaining remedy when their rights have been abused in the digital environment by business enterprises, in particular in the context of their global operations.[[fn:24]] States parties should consider measures to respect, protect and fulfil children’s rights in the context of businesses’ extraterritorial activities and operations, provided that there is a reasonable link between the State and the conduct concerned. They should ensure that businesses provide effective complaint mechanisms; such mechanisms should not, however, prevent children from gaining access to State-based remedies. They should also ensure that agencies with oversight powers relevant to children’s rights, such as those relating to health and safety, data protection and consumer rights, education and advertising and marketing, investigate complaints and provide adequate remedies for violations or abuses of children’s rights in the digital environment.[[fn:25]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":24,"text":"General comment No. 16 (2013), paras. 66–67."},{"n":25,"text":"Ibid., paras. 30 and 43."}],"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0049","docId":"crc-c-gc-25","idx":49,"n":49,"text":"49. States parties should provide children with child-sensitive and age-appropriate information in child-friendly language on their rights and on the reporting and complaint mechanisms, services and remedies available to them in cases where their rights in relation to the digital environment are violated or abused. Such information should also be provided to parents, caregivers and professionals working with and for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["I. Children’s rights and the business sector","K. Access to justice and remedies"]},{"id":"crc-c-gc-25-0050","docId":"crc-c-gc-25","idx":50,"n":50,"text":"50. The digital environment provides a unique opportunity for children to realize the right to access to information. In that regard, information and communications media, including digital and online content, perform an important function.[[fn:26]] States parties should ensure that children have access to information in the digital environment and that the exercise of that right is restricted only when it is provided by law and is necessary for the purposes stipulated in article 13 of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":26,"text":"General comment No. 7 (2005), para. 35; and general comment No. 20 (2016), para. 47."}],"section":["VI. Civil rights and freedoms","A. Access to information"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"}]},{"id":"crc-c-gc-25-0051","docId":"crc-c-gc-25","idx":51,"n":51,"text":"51. States parties should provide and support the creation of age-appropriate and empowering digital content for children in accordance with children’s evolving capacities and ensure that children have access to a wide diversity of information, including information held by public bodies, about culture, sports, the arts, health, civil and political affairs and children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0052","docId":"crc-c-gc-25","idx":52,"n":52,"text":"52. States parties should encourage the production and dissemination of such content using multiple formats and from a plurality of national and international sources, including news media, broadcasters, museums, libraries and educational, scientific and cultural organizations. They should particularly endeavour to enhance the provision of diverse, accessible and beneficial content for children with disabilities and children belonging to ethnic, linguistic, indigenous and other minority groups. The ability to access relevant information, in the languages that children understand, can have a significant positive impact on equality.[[fn:27]]","labels":["Indigenous peoples","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":27,"text":"General comment No. 17 (2013), para. 46; and general comment No. 20 (2016), paras. 47–48."}],"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0053","docId":"crc-c-gc-25","idx":53,"n":53,"text":"53. States parties should ensure that all children are informed about, and can easily find, diverse and good quality information online, including content independent of commercial or political interests. They should ensure that automated search and information filtering, including recommendation systems, do not prioritize paid content with a commercial or political motivation over children’s choices or at the cost of children’s right to information.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0054","docId":"crc-c-gc-25","idx":54,"n":54,"text":"54. The digital environment can include gender-stereotyped, discriminatory, racist, violent, pornographic and exploitative information, as well as false narratives, misinformation and disinformation and information encouraging children to engage in unlawful or harmful activities. Such information may come from multiple sources, including other users, commercial content creators, sexual offenders or armed groups designated as terrorist or violent extremist. States parties should protect children from harmful and untrustworthy content and ensure that relevant businesses and other providers of digital content develop and implement guidelines to enable children to safely access diverse content, recognizing children’s rights to information and freedom of expression, while protecting them from such harmful material in accordance with their rights and evolving capacities.[[fn:28]] Any restrictions on the operation of any Internet-based, electronic or other information dissemination systems should be in line with article 13 of the Convention.[[fn:29]] States parties should not intentionally obstruct or enable other actors to obstruct the supply of electricity, cellular networks or Internet connectivity in any geographical area, whether in part or as a whole, which can have the effect of hindering a child’s access to information and communication.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":28,"text":"General comment No. 16 (2013), para. 58; and general comment No. 7 (2005), para. 35."},{"n":29,"text":"Human Rights Committee, general comment No. 34 (2011), para. 43."}],"section":["VI. Civil rights and freedoms","A. Access to information"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"}]},{"id":"crc-c-gc-25-0055","docId":"crc-c-gc-25","idx":55,"n":55,"text":"55. States parties should encourage providers of digital services used by children to apply concise and intelligible content labelling, for example on the age-appropriateness or trustworthiness of content. They should also encourage the provision of accessible guidance, training, educational materials and reporting mechanisms for children, parents and caregivers, educators and relevant professional groups.[[fn:30]] Age-based or content-based systems designed to protect children from age-inappropriate content should be consistent with the principle of data minimization.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":30,"text":"General comment No. 16 (2013), paras. 19 and 59."}],"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0056","docId":"crc-c-gc-25","idx":56,"n":56,"text":"56. States parties should ensure that digital service providers comply with relevant guidelines, standards and codes[[fn:31]] and enforce lawful, necessary and proportionate content moderation rules. Content controls, school filtering systems and other safety-oriented technologies should not be used to restrict children’s access to information in the digital environment; they should be used only to prevent the flow of harmful material to children. Content moderation and content controls should be balanced with the right to protection against violations of children’s other rights, notably their rights to freedom of expression and privacy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":31,"text":"Ibid., paras. 58 and 61."}],"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0057","docId":"crc-c-gc-25","idx":57,"n":57,"text":"57. Professional codes of conduct set by news media and other relevant organizations should include guidance on how to report digital risks and opportunities relating to children. Such guidance should result in evidence-based reporting that does not reveal the identity of children who are victims and survivors and that is in accordance with international human rights standards.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","A. Access to information"]},{"id":"crc-c-gc-25-0058","docId":"crc-c-gc-25","idx":58,"n":58,"text":"58. Children’s right to freedom of expression includes the freedom to seek, receive and impart information and ideas of all kinds, using any media of their choice. Children reported[[fn:32]] that the digital environment offered significant scope to express their ideas, opinions and political views. For children in disadvantaged or vulnerable situations, technology-facilitated interaction with others who share their experiences can help them to express themselves.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":32,"text":"“Our rights in a digital world”, p. 16."}],"section":["VI. Civil rights and freedoms","B. Freedom of expression"]},{"id":"crc-c-gc-25-0059","docId":"crc-c-gc-25","idx":59,"n":59,"text":"59. Any restrictions on children’s right to freedom of expression in the digital environment, such as filters, including safety measures, should be lawful, necessary and proportionate. The rationale for such restrictions should be transparent and communicated to children in age-appropriate language. States parties should provide children with information and training opportunities on how to effectively exercise that right, in particular how to create and share digital content safely, while respecting the rights and dignity of others and not violating legislation, such as that relating to incitement to hatred and violence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","B. Freedom of expression"]},{"id":"crc-c-gc-25-0060","docId":"crc-c-gc-25","idx":60,"n":60,"text":"60. When children express their political or other views and identities in the digital environment, they may attract criticism, hostility, threats or punishment. States parties should protect children from cyberaggression and threats, censorship, data breaches and digital surveillance. Children should not be prosecuted for expressing their opinions in the digital environment, unless they violate restrictions provided by criminal legislation which are compatible with article 13 of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","B. Freedom of expression"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"}]},{"id":"crc-c-gc-25-0061","docId":"crc-c-gc-25","idx":61,"n":61,"text":"61. Given the existence of commercial and political motivations to promote particular world views, States parties should ensure that uses of automated processes of information filtering, profiling, marketing and decision-making do not supplant, manipulate or interfere with children’s ability to form and express their opinions in the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","B. Freedom of expression"]},{"id":"crc-c-gc-25-0062","docId":"crc-c-gc-25","idx":62,"n":62,"text":"62. States parties should respect the right of the child to freedom of thought, conscience and religion in the digital environment. The Committee encourages States parties to introduce or update data protection regulation and design standards that identify, define and prohibit practices that manipulate or interfere with children’s right to freedom of thought and belief in the digital environment, for example by emotional analytics or inference. Automated systems may be used to make inferences about a child’s inner state. They should ensure that automated systems or information filtering systems are not used to affect or influence children’s behaviour or emotions or to limit their opportunities or development.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","C. Freedom of thought, conscience and religion"]},{"id":"crc-c-gc-25-0063","docId":"crc-c-gc-25","idx":63,"n":63,"text":"63. States parties should ensure that children are not penalized for their religion or beliefs or have their future opportunities in any other way restricted. The exercise of children’s right to manifest their religion or beliefs in the digital environment may be subject only to limitations that are lawful, necessary and proportionate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","C. Freedom of thought, conscience and religion"]},{"id":"crc-c-gc-25-0064","docId":"crc-c-gc-25","idx":64,"n":64,"text":"64. The digital environment can enable children to form their social, religious, cultural, ethnic, sexual and political identities and to participate in associated communities and in public spaces for deliberation, cultural exchange, social cohesion and diversity.[[fn:33]] Children reported that the digital environment provided them with valued opportunities to meet, exchange and deliberate with peers, decision makers and others who shared their interests.[[fn:34]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":33,"text":"General comment No. 17 (2013), para. 21; and general comment No. 20 (2016), paras. 44–45."},{"n":34,"text":"“Our rights in a digital world”, p. 20."}],"section":["VI. Civil rights and freedoms","D. Freedom of association and peaceful assembly"]},{"id":"crc-c-gc-25-0065","docId":"crc-c-gc-25","idx":65,"n":65,"text":"65. States parties should ensure that their laws, regulations and policies protect children’s right to participate in organizations that operate partially or exclusively in the digital environment. No restrictions may be placed on the exercise by children of their right to freedom of association and peaceful assembly in the digital environment other than those that are lawful, necessary and proportionate.[[fn:35]] Such participation should not in and of itself result in negative consequences to those children, such as exclusion from a school, restriction or deprivation of future opportunities or creation of a police profile. Such participation should be safe, private and free from surveillance by public or private entities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":35,"text":"Human Rights Committee, general comment No. 37 (2020), paras. 6 and 34."}],"section":["VI. Civil rights and freedoms","D. Freedom of association and peaceful assembly"]},{"id":"crc-c-gc-25-0066","docId":"crc-c-gc-25","idx":66,"n":66,"text":"66. Public visibility and networking opportunities in the digital environment can also support child-led activism and can empower children as advocates for human rights. The Committee recognizes that the digital environment enables children, including children human rights defenders, as well as children in vulnerable situations, to communicate with each other, advocate for their rights and form associations. States parties should support them, including by facilitating the creation of specific digital spaces, and ensure their safety.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","D. Freedom of association and peaceful assembly"]},{"id":"crc-c-gc-25-0067","docId":"crc-c-gc-25","idx":67,"n":67,"text":"67. Privacy is vital to children’s agency, dignity and safety and for the exercise of their rights. Children’s personal data are processed to offer educational, health and other benefits to them. Threats to children’s privacy may arise from data collection and processing by public institutions, businesses and other organizations, as well as from such criminal activities as identity theft. Threats may also arise from children’s own activities and from the activities of family members, peers or others, for example, by parents sharing photographs online or a stranger sharing information about a child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0068","docId":"crc-c-gc-25","idx":68,"n":68,"text":"68. Data may include information about, inter alia, children’s identities, activities, location, communication, emotions, health and relationships. Certain combinations of personal data, including biometric data, can uniquely identify a child. Digital practices, such as automated data processing, profiling, behavioural targeting, mandatory identity verification, information filtering and mass surveillance are becoming routine. Such practices may lead to arbitrary or unlawful interference with children’s right to privacy; they may have adverse consequences on children, which can continue to affect them at later stages of their lives.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0069","docId":"crc-c-gc-25","idx":69,"n":69,"text":"69. Interference with a child’s privacy is only permissible if it is neither arbitrary nor unlawful. Any such interference should therefore be provided for by law, intended to serve a legitimate purpose, uphold the principle of data minimization, be proportionate and designed to observe the best interests of the child and must not conflict with the provisions, aims or objectives of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0070","docId":"crc-c-gc-25","idx":70,"n":70,"text":"70. States parties should take legislative, administrative and other measures to ensure that children’s privacy is respected and protected by all organizations and in all environments that process their data. Legislation should include strong safeguards, transparency, independent oversight and access to remedy. States parties should require the integration of privacy-by-design into digital products and services that affect children. They should regularly review privacy and data protection legislation and ensure that procedures and practices prevent deliberate infringements or accidental breaches of children’s privacy. Where encryption is considered an appropriate means, States parties should consider appropriate measures enabling the detection and reporting of child sexual exploitation and abuse or child sexual abuse material. Such measures must be strictly limited according to the principles of legality, necessity and proportionality.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0071","docId":"crc-c-gc-25","idx":71,"n":71,"text":"71. Where consent is sought to process a child’s data, States parties should ensure that consent is informed and freely given by the child or, depending on the child’s age and evolving capacity, by the parent or caregiver, and obtained prior to processing those data. Where a child’s own consent is considered insufficient and parental consent is required to process a child’s personal data, States parties should require that organizations processing such data verify that consent is informed, meaningful and given by the child’s parent or caregiver.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0072","docId":"crc-c-gc-25","idx":72,"n":72,"text":"72. States parties should ensure that children and their parents or caregivers can easily access stored data, rectify data that are inaccurate or outdated and delete data unlawfully or unnecessarily stored by public authorities, private individuals or other bodies, subject to reasonable and lawful limitations.[[fn:36]] They should further ensure the right of children to withdraw their consent and object to personal data processing where the data controller does not demonstrate legitimate, overriding grounds for the processing. They should also provide information to children, parents and caregivers on such matters, in child-friendly language and accessible formats.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":36,"text":"Human Rights Committee, general comment No. 16 (1988), para. 10."}],"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0073","docId":"crc-c-gc-25","idx":73,"n":73,"text":"73. Children’s personal data should be accessible only to the authorities, organizations and individuals designated under the law to process them in compliance with such due process guarantees as regular audits and accountability measures.[[fn:37]] Children’s data gathered for defined purposes, in any setting, including digitized criminal records, should be protected and exclusive to those purposes and should not be retained unlawfully or unnecessarily or used for other purposes. Where information is provided in one setting and could legitimately benefit the child through its use in another setting, for example, in the context of schooling and tertiary education, the use of such data should be transparent, accountable and subject to the consent of the child, parent or caregiver, as appropriate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":37,"text":"Ibid.; and Committee on the Rights of the Child, general comment No. 20 (2016), para. 46."}],"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0074","docId":"crc-c-gc-25","idx":74,"n":74,"text":"74. Privacy and data protection legislation and measures should not arbitrarily limit children’s other rights, such as their right to freedom of expression or protection. States parties should ensure that data protection legislation respects children’s privacy and personal data in relation to the digital environment. Through continual technological innovation, the scope of the digital environment is expanding to include ever more services and products, such as clothes and toys. As settings where children spend time become “connected”, through the use of embedded sensors connected to automated systems, States parties should ensure that the products and services that contribute to such environments are subject to robust data protection and other privacy regulations and standards. That includes public settings, such as streets, schools, libraries, sports and entertainment venues and business premises, including shops and cinemas, and the home.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0075","docId":"crc-c-gc-25","idx":75,"n":75,"text":"75. Any digital surveillance of children, together with any associated automated processing of personal data, should respect the child’s right to privacy and should not be conducted routinely, indiscriminately or without the child’s knowledge or, in the case of very young children, that of their parent or caregiver; nor should it take place without the right to object to such surveillance, in commercial settings and educational and care settings, and consideration should always be given to the least privacy-intrusive means available to fulfil the desired purpose.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0076","docId":"crc-c-gc-25","idx":76,"n":76,"text":"76. The digital environment presents particular problems for parents and caregivers in respecting children’s right to privacy. Technologies that monitor online activities for safety purposes, such as tracking devices and services, if not implemented carefully, may prevent a child from accessing a helpline or searching for sensitive information. States parties should advise children, parents and caregivers and the public on the importance of the child’s right to privacy and on how their own practices may threaten that right. They should also be advised about the practices through which they can respect and protect children’s privacy in relation to the digital environment, while keeping them safe. Parents’ and caregivers’ monitoring of a child’s digital activity should be proportionate and in accordance with the child’s evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0077","docId":"crc-c-gc-25","idx":77,"n":77,"text":"77. Many children use online avatars or pseudonyms that protect their identity, and such practices can be important in protecting children’s privacy. States parties should require an approach integrating safety-by-design and privacy-by-design to anonymity, while ensuring that anonymous practices are not routinely used to hide harmful or illegal behaviour, such as cyberaggression, hate speech or sexual exploitation and abuse. Protecting a child’s privacy in the digital environment may be vital in circumstances where parents or caregivers themselves pose a threat to the child’s safety or where they are in conflict over the child’s care. Such cases may require further intervention, as well as family counselling or other services, to safeguard the child’s right to privacy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0078","docId":"crc-c-gc-25","idx":78,"n":78,"text":"78. Providers of preventive or counselling services to children in the digital environment should be exempt from any requirement for a child user to obtain parental consent in order to access such services.[[fn:38]] Such services should be held to high standards of privacy and child protection.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":38,"text":"General comment No. 20 (2016), para. 60."}],"section":["VI. Civil rights and freedoms","E. Right to privacy"]},{"id":"crc-c-gc-25-0079","docId":"crc-c-gc-25","idx":79,"n":79,"text":"79. States parties should promote the use of digital identification systems that enable all newborn children to have their birth registered and officially recognized by the national authorities, in order to facilitate access to services, including health, education and welfare. Lack of birth registration facilitates the violation of children’s rights under the Convention and the Optional Protocols thereto. States parties should use up-to-date technology, including mobile registration units, to ensure access to birth registration, especially for children in remote areas, refugee and migrant children, children at risk and those in marginalized situations, and include children born prior to the introduction of digital identification systems. For such systems to benefit children, they should conduct awareness-raising campaigns, establish monitoring mechanisms, promote community engagement and ensure effective coordination between different actors, including civil status officers, judges, notaries, health officials and child protection agency personnel. They should also ensure that a robust privacy and data protection framework is in place.","labels":["Refugees & asylum-seekers","Migrants","Children","Persons living in rural/remote areas","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VI. Civil rights and freedoms","F. Birth registration and right to identity"]},{"id":"crc-c-gc-25-0080","docId":"crc-c-gc-25","idx":80,"n":80,"text":"80. The digital environment may open up new ways to perpetrate violence against children, by facilitating situations in which children experience violence and/or may be influenced to do harm to themselves or others. Crises, such as pandemics, may lead to an increased risk of harm online, given that children spend more time on virtual platforms in those circumstances.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VII. Violence against children"]},{"id":"crc-c-gc-25-0081","docId":"crc-c-gc-25","idx":81,"n":81,"text":"81. Sexual offenders may use digital technologies to solicit children for sexual purposes and to participate in online child sexual abuse, for example, by the live video streaming, production and distribution of child sexual abuse material and through sexual extortion. Forms of digitally facilitated violence and sexual exploitation and abuse may also be perpetrated within a child’s circle of trust, by family or friends or, for adolescents, by intimate partners, and may include cyberaggression, including bullying and threats to reputation, the non-consensual creation or sharing of sexualized text or images, such as self-generated content by solicitation and/or coercion, and the promotion of self-harming behaviours, such as cutting, suicidal behaviour or eating disorders. Where children have carried out such actions, States parties should pursue preventive, safeguarding and restorative justice approaches for the children involved whenever possible.[[fn:39]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":39,"text":"General comment No. 24 (2019), para. 101; and CRC/C/156, para. 71."}],"section":["VII. Violence against children"]},{"id":"crc-c-gc-25-0082","docId":"crc-c-gc-25","idx":82,"n":82,"text":"82. States parties should take legislative and administrative measures to protect children from violence in the digital environment, including the regular review, updating and enforcement of robust legislative, regulatory and institutional frameworks that protect children from recognized and emerging risks of all forms of violence in the digital environment. Such risks include physical or mental violence, injury or abuse, neglect or maltreatment, exploitation and abuse, including sexual exploitation and abuse, child trafficking, gender-based violence, cyberaggression, cyberattacks and information warfare. States parties should implement safety and protective measures in accordance with children’s evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VII. Violence against children"]},{"id":"crc-c-gc-25-0083","docId":"crc-c-gc-25","idx":83,"n":83,"text":"83. The digital environment can open up new ways for non-State groups, including armed groups designated as terrorist or violent extremist, to recruit and exploit children to engage with or participate in violence. States parties should ensure that legislation prohibits the recruitment of children by terrorist or violent extremist groups. Children accused of criminal offences in that context should be treated primarily as victims but, if charged, the child justice system should apply.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VII. Violence against children"]},{"id":"crc-c-gc-25-0084","docId":"crc-c-gc-25","idx":84,"n":84,"text":"84. Many parents and caregivers require support to develop the technological understanding, capacity and skills necessary to assist children in relation to the digital environment. States parties should ensure that parents and caregivers have opportunities to gain digital literacy, to learn how technology can support the rights of children and to recognize a child who is a victim of online harm and respond appropriately. Special attention should be paid to the parents and caregivers of children in disadvantaged or vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VIII. Family environment and alternative care"]},{"id":"crc-c-gc-25-0085","docId":"crc-c-gc-25","idx":85,"n":85,"text":"85. In supporting and guiding parents and caregivers regarding the digital environment, States parties should promote their awareness to respect children’s growing autonomy and need for privacy, in accordance with their evolving capacities. States parties should take into account that children often embrace and experiment with digital opportunities and may encounter risks, including at a younger age than parents and caregivers may anticipate. Some children reported wanting more support and encouragement in their digital activities, especially where they perceived parents’ and caregivers’ approach to be punitive, overly restrictive or not adjusted to their evolving capacities.[[fn:40]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":40,"text":"“Our rights in a digital world”, p. 30."}],"section":["VIII. Family environment and alternative care"]},{"id":"crc-c-gc-25-0086","docId":"crc-c-gc-25","idx":86,"n":86,"text":"86. States parties should take into account that support and guidance provided to parents and caregivers should be based on an understanding of the specificity and uniqueness of parent-child relations. Such guidance should support parents in sustaining an appropriate balance between the child’s protection and emerging autonomy, based on mutual empathy and respect, over prohibition or control. To help parents and caregivers to maintain a balance between parental responsibilities and children’s rights, the best interests of the child, applied together with consideration of the child’s evolving capacities, should be the guiding principles. Guidance to parents and caregivers should encourage children’s social, creative and learning activities in the digital environment and emphasize that the use of digital technologies should not replace direct, responsive interactions among children themselves or between children and parents or caregivers.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VIII. Family environment and alternative care"]},{"id":"crc-c-gc-25-0087","docId":"crc-c-gc-25","idx":87,"n":87,"text":"87. It is important that children separated from their families have access to digital technologies.[[fn:41]] Evidence has shown that digital technologies are beneficial in maintaining family relationships, for example, in cases of parental separation, when children are placed in alternative care, for the purposes of establishing relations between children and prospective adoptive or foster parents and in reuniting children in humanitarian crisis situations with their families. Therefore, in the context of separated families, States parties should support access to digital services for children and their parents, caregivers or other relevant persons, taking into consideration the safety and best interests of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":41,"text":"General comment No. 21 (2017), para. 35."}],"section":["VIII. Family environment and alternative care"]},{"id":"crc-c-gc-25-0088","docId":"crc-c-gc-25","idx":88,"n":88,"text":"88. Measures taken to enhance digital inclusion should be balanced with the need to protect children in cases where parents or other family members or caregivers, whether physically present or distant, may place them at risk. States parties should consider that such risks may be enabled through the design and use of digital technologies, for example, by revealing the location of a child to a potential abuser. In recognition of those risks, They should require an approach integrating safety-by-design and privacy-by-design and ensure that parents and caregivers are fully aware of the risks and available strategies to support and protect children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["VIII. Family environment and alternative care"]},{"id":"crc-c-gc-25-0089","docId":"crc-c-gc-25","idx":89,"n":89,"text":"89. The digital environment opens new avenues for children with disabilities to engage in social relationships with their peers, access information and participate in public decision-making processes. States parties should pursue those avenues and take steps to prevent the creation of new barriers and to remove existing barriers faced by children with disabilities in relation to the digital environment.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["IX. Children with disabilities"]},{"id":"crc-c-gc-25-0090","docId":"crc-c-gc-25","idx":90,"n":90,"text":"90. Children with different types of disabilities, including physical, intellectual, psychosocial, auditory and visual disabilities, face different barriers in accessing the digital environment, such as content in non-accessible formats, limited access to affordable assistive technologies at home, school and in the community and the prohibition of the use of digital devices in schools, health facilities and other environments. States parties should ensure that children with disabilities have access to content in accessible formats and remove policies that have a discriminatory impact on such children. They should ensure access to affordable assistive technologies, where needed, in particular for children with disabilities living in poverty, and provide awareness-raising campaigns, training and resources for children with disabilities, their families and staff in educational and other relevant settings so that they have sufficient knowledge and skills to use digital technologies effectively.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["IX. Children with disabilities"]},{"id":"crc-c-gc-25-0091","docId":"crc-c-gc-25","idx":91,"n":91,"text":"91. States parties should promote technological innovations that meet the requirements of children with different types of disabilities and ensure that digital products and services are designed for universal accessibility so that they can be used by all children without exception and without the need for adaptation. Children with disabilities should be involved in the design and delivery of policies, products and services that affect the realization of their rights in the digital environment.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["IX. Children with disabilities"]},{"id":"crc-c-gc-25-0092","docId":"crc-c-gc-25","idx":92,"n":92,"text":"92. Children with disabilities may be more exposed to risks, including cyberaggression and sexual exploitation and abuse, in the digital environment. States parties should identify and address the risks faced by children with disabilities, taking steps to ensure that the digital environment is safe for them, while countering the prejudice faced by children with disabilities that might lead to overprotection or exclusion. Safety information, protective strategies and public information, services and forums relating to the digital environment should be provided in accessible formats.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["IX. Children with disabilities"]},{"id":"crc-c-gc-25-0093","docId":"crc-c-gc-25","idx":93,"n":93,"text":"93. Digital technologies can facilitate access to health services and information and improve diagnostic and treatment services for maternal, newborn, child and adolescent physical and mental health and nutrition. They also offer significant opportunities for reaching children in disadvantaged or vulnerable situations or in remote communities. In situations of public emergency or in health or humanitarian crises, access to health services and information through digital technologies may become the only option.","labels":["Children","Adolescents","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0094","docId":"crc-c-gc-25","idx":94,"n":94,"text":"94. Children reported that they valued searching online for information and support relating to health and well-being, including on physical, mental and sexual and reproductive health, puberty, sexuality and conception.[[fn:42]] Adolescents especially wanted access to free, confidential, age-appropriate and non-discriminatory mental health and sexual and reproductive health services online.[[fn:43]] States parties should ensure that children have safe, secure and confidential access to trustworthy health information and services, including psychological counselling services.[[fn:44]] Those services should limit the processing of children’s data to that which is necessary for the performance of the service and should be provided by professionals or those with appropriate training, with regulated oversight mechanisms in place. States parties should ensure that digital health products and services do not create or increase inequities in children’s access to in-person health services.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":42,"text":"“Our rights in a digital world”, p. 37."},{"n":43,"text":"General comment No. 20 (2016), para. 59."},{"n":44,"text":"Ibid., paras. 47 and 59."}],"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0095","docId":"crc-c-gc-25","idx":95,"n":95,"text":"95. States parties should encourage and invest in research and development that is focused on children’s specific health needs and that promotes positive health outcomes for children through technological advances. Digital services should be used to supplement or improve the in-person provision of health services to children.[[fn:45]] States parties should introduce or update regulation that requires providers of health technologies and services to embed children’s rights within the functionality, content and distribution thereof.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":45,"text":"Ibid., paras. 47–48."}],"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0096","docId":"crc-c-gc-25","idx":96,"n":96,"text":"96. States parties should regulate against known harms and proactively consider emerging research and evidence in the public health sector, to prevent the spread of misinformation and materials and services that may damage children’s mental or physical health. Measures may also be needed to prevent unhealthy engagement in digital games or social media, such as regulating against digital design that undermines children’s development and rights.[[fn:46]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":46,"text":"General comment No. 15 (2013), para. 84."}],"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0097","docId":"crc-c-gc-25","idx":97,"n":97,"text":"97. States parties should encourage the use of digital technologies to promote healthy lifestyles, including physical and social activity.[[fn:47]] They should regulate targeted or age-inappropriate advertising, marketing and other relevant digital services to prevent children’s exposure to the promotion of unhealthy products, including certain food and beverages, alcohol, drugs and tobacco and other nicotine products.[[fn:48]] Such regulations relating to the digital environment should be compatible and keep pace with regulations in the offline environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":47,"text":"General comment No. 17 (2013), para. 13."},{"n":48,"text":"General comment No. 15 (2013), para. 77."}],"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0098","docId":"crc-c-gc-25","idx":98,"n":98,"text":"98. Digital technologies offer multiple opportunities for children to improve their health and well-being, when balanced with their need for rest, exercise and direct interaction with their peers, families and communities. States parties should develop guidance for children, parents, caregivers and educators regarding the importance of a healthy balance of digital and non-digital activities and sufficient rest.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["X. Health and welfare"]},{"id":"crc-c-gc-25-0099","docId":"crc-c-gc-25","idx":99,"n":99,"text":"99. The digital environment can greatly enable and enhance children’s access to high-quality inclusive education, including reliable resources for formal, non-formal, informal, peer-to-peer and self-directed learning. Use of digital technologies can also strengthen engagement between the teacher and student and between learners. Children highlighted the importance of digital technologies in improving their access to education and in supporting their learning and participation in extracurricular activities.[[fn:49]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":49,"text":"“Our rights in a digital world”, pp. 14, 16 and 30."}],"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0100","docId":"crc-c-gc-25","idx":100,"n":100,"text":"100. States parties should support educational and cultural institutions, such as archives, libraries and museums, in enabling access for children to diverse digital and interactive learning resources, including indigenous resources, and resources in the languages that children understand. Those and other valuable resources can support children’s engagement with their own creative, civic and cultural practices and enable them to learn about those of others.[[fn:50]] States parties should enhance children’s opportunities for online and lifelong learning.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":50,"text":"General comment No. 17 (2013), para. 10."}],"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0101","docId":"crc-c-gc-25","idx":101,"n":101,"text":"101. States parties should invest equitably in technological infrastructure in schools and other learning settings, ensuring the availability and affordability of a sufficient number of computers, high-quality and high-speed broadband and a stable source of electricity, teacher training on the use of digital educational technologies, accessibility and the timely maintenance of school technologies. They should also support the creation and dissemination of diverse digital educational resources of good quality in the languages that children understand and ensure that existing inequalities are not exacerbated, such as those experienced by girls. States parties should ensure that the use of digital technologies does not undermine in-person education and is justified for educational purposes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0102","docId":"crc-c-gc-25","idx":102,"n":102,"text":"102. For children who are not physically present in school or for those who live in remote areas or in disadvantaged or vulnerable situations, digital educational technologies can enable distance or mobile learning.[[fn:51]] States parties should ensure that there is proper infrastructure in place to enable access for all children to the basic utilities necessary for distance learning, including access to devices, electricity, connectivity, educational materials and professional support. They should also ensure that schools have sufficient resources to provide parents and caregivers with guidance on remote learning at home and that digital education products and services do not create or exacerbate inequities in children’s access to in-person education services.","labels":["Children","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":51,"text":"Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019), para. 64; and Committee on the Rights of the Child, general comment No. 11 (2009), para. 61; and general comment No. 21 (2017), para. 55."}],"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0103","docId":"crc-c-gc-25","idx":103,"n":103,"text":"103. States parties should develop evidence-based policies, standards and guidelines for schools and other relevant bodies responsible for procuring and using educational technologies and materials to enhance the provision of valuable educational benefits. Standards for digital educational technologies should ensure that the use of those technologies is ethical and appropriate for educational purposes and does not expose children to violence, discrimination, misuse of their personal data, commercial exploitation or other infringements of their rights, such as the use of digital technologies to document a child’s activity and share it with parents or caregivers without the child’s knowledge or consent.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0104","docId":"crc-c-gc-25","idx":104,"n":104,"text":"104. States parties should ensure that digital literacy is taught in schools, as part of basic education curricula, from the preschool level and throughout all school years, and that such pedagogies are assessed on the basis of their results.[[fn:52]] Curricula should include the knowledge and skills to safely handle a wide range of digital tools and resources, including those relating to content, creation, collaboration, participation, socialization and civic engagement. Curricula should also include critical understanding, guidance on how to find trusted sources of information and to identify misinformation and other forms of biased or false content, including on sexual and reproductive health issues, human rights, including the rights of the child in the digital environment, and available forms of support and remedy. They should promote awareness among children of the possible adverse consequences of exposure to risks relating to content, contact, conduct and contract, including cyberaggression, trafficking, sexual exploitation and abuse and other forms of violence, as well as coping strategies to reduce harm and strategies to protect their personal data and those of others and to build children’s social and emotional skills and resilience.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":52,"text":"General comment No. 20 (2016), para. 47."}],"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0105","docId":"crc-c-gc-25","idx":105,"n":105,"text":"105. It is of increasing importance that children gain an understanding of the digital environment, including its infrastructure, business practices, persuasive strategies and the uses of automated processing and personal data and surveillance, and of the possible negative effects of digitalization on societies. Teachers, in particular those who undertake digital literacy education and sexual and reproductive health education, should be trained on safeguards relating to the digital environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","A. Right to education"]},{"id":"crc-c-gc-25-0106","docId":"crc-c-gc-25","idx":106,"n":106,"text":"106. The digital environment promotes children’s right to culture, leisure and play, which is essential for their well-being and development.[[fn:53]] Children of all ages reported that they experienced pleasure, interest and relaxation through engaging with a wide range of digital products and services of their choice,[[fn:54]] but that they were concerned that adults might not understand the importance of digital play and how it could be shared with friends.[[fn:55]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":53,"text":"General comment No. 17 (2013), para. 7."},{"n":54,"text":"“Our rights in a digital world”, p. 22."},{"n":55,"text":"General comment No. 17 (2013), para. 33."}],"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0107","docId":"crc-c-gc-25","idx":107,"n":107,"text":"107. Digital forms of culture, recreation and play should support and benefit children and reflect and promote children’s differing identities, in particular their cultural identities, languages and heritage. They can facilitate children’s social skills, learning, expression, creative activities, such as music and art, and sense of belonging and a shared culture.[[fn:56]] Participation in cultural life online contributes to creativity, identity, social cohesiveness and cultural diversity. States parties should ensure that children have the opportunity to use their free time to experiment with information and communications technologies, express themselves and participate in cultural life online.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":56,"text":"Ibid., para. 5."}],"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0108","docId":"crc-c-gc-25","idx":108,"n":108,"text":"108. States parties should regulate and provide guidance for professionals, parents and caregivers and collaborate with digital service providers, as appropriate, to ensure that digital technologies and services intended for, accessed by or having an impact on children in their leisure time are designed, distributed and used in ways that enhance children’s opportunities for culture, recreation and play. That can include encouraging innovation in digital play and related activities that support children’s autonomy, personal development and enjoyment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0109","docId":"crc-c-gc-25","idx":109,"n":109,"text":"109. States parties should ensure that the promotion of opportunities for culture, leisure and play in the digital environment is balanced with the provision of attractive alternatives in the physical locations where children live. Especially in their early years, children acquire language, coordination, social skills and emotional intelligence largely through play that involves physical movement and direct face-to-face interaction with other people. For older children, play and recreation that involve physical activities, team sports and other outdoor recreational activities can provide health benefits, as well as functional and social skills.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0110","docId":"crc-c-gc-25","idx":110,"n":110,"text":"110. Leisure time spent in the digital environment may expose children to risks of harm, for example, through opaque or misleading advertising or highly persuasive or gambling-like design features. By introducing or using data protection, privacy-by-design and safety-by-design approaches and other regulatory measures, States parties should ensure that businesses do not target children using those or other techniques designed to prioritize commercial interests over those of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0111","docId":"crc-c-gc-25","idx":111,"n":111,"text":"111. Where States parties or businesses provide guidance, age ratings, labelling or certification regarding certain forms of digital play and recreation, they should be formulated so as not to curtail children’s access to the digital environment as a whole or interfere with their opportunities for leisure or their other rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XI. Education, leisure and cultural activities","B. Right to culture, leisure and play"]},{"id":"crc-c-gc-25-0112","docId":"crc-c-gc-25","idx":112,"n":112,"text":"112. Children should be protected from all forms of exploitation prejudicial to any aspects of their welfare in relation to the digital environment. Exploitation may occur in many forms, such as economic exploitation, including child labour, sexual exploitation and abuse, the sale, trafficking and abduction of children and the recruitment of children to participate in criminal activities, including forms of cybercrime. By creating and sharing content, children may be economic actors in the digital environment, which may result in their exploitation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","A. Protection from economic, sexual and other forms of exploitation"]},{"id":"crc-c-gc-25-0113","docId":"crc-c-gc-25","idx":113,"n":113,"text":"113. States parties should review relevant laws and policies to ensure that children are protected against economic, sexual and other forms of exploitation and that their rights with regard to work in the digital environment and related opportunities for remuneration are protected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","A. Protection from economic, sexual and other forms of exploitation"]},{"id":"crc-c-gc-25-0114","docId":"crc-c-gc-25","idx":114,"n":114,"text":"114. States parties should ensure that appropriate enforcement mechanisms are in place and support children, parents and caregivers in gaining access to the protections that apply.[[fn:57]] They should legislate to ensure that children are protected from harmful goods, such as weapons or drugs, or services, such as gambling. Robust age verification systems should be used to prevent children from acquiring access to products and services that are illegal for them to own or use. Such systems should be consistent with data protection and safeguarding requirements.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"footnotes":[{"n":57,"text":"General comment No. 16 (2013), para. 37."}],"section":["XII. Special protection measures","A. Protection from economic, sexual and other forms of exploitation"]},{"id":"crc-c-gc-25-0115","docId":"crc-c-gc-25","idx":115,"n":115,"text":"115. Considering States’ obligations to investigate, prosecute and punish trafficking in persons, including its component actions and related conduct, States parties should develop and update anti-trafficking legislation so that it prohibits the technology-facilitated recruitment of children by criminal groups.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","A. Protection from economic, sexual and other forms of exploitation"]},{"id":"crc-c-gc-25-0116","docId":"crc-c-gc-25","idx":116,"n":116,"text":"116. States parties should ensure that appropriate legislation is in place to protect children from the crimes that occur in the digital environment, including fraud and identity theft, and to allocate sufficient resources to ensure that crimes in the digital environment are investigated and prosecuted. States parties should also require a high standard of cybersecurity, privacy-by-design and safety-by-design in the digital services and products that children use, to minimize the risk of such crimes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","A. Protection from economic, sexual and other forms of exploitation"]},{"id":"crc-c-gc-25-0117","docId":"crc-c-gc-25","idx":117,"n":117,"text":"117. Children may be alleged to have, accused of or recognized as having infringed, cybercrime laws. States parties should ensure that policymakers consider the effects of such laws on children, focus on prevention and make every effort to create and use alternatives to a criminal justice response.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","B. Administration of child justice"]},{"id":"crc-c-gc-25-0118","docId":"crc-c-gc-25","idx":118,"n":118,"text":"118. Self-generated sexual material by children that they possess and/or share with their consent and solely for their own private use should not be criminalized. Child-friendly channels should be created to allow children to safely seek advice and assistance where it relates to self-generated sexually explicit content.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","B. Administration of child justice"]},{"id":"crc-c-gc-25-0119","docId":"crc-c-gc-25","idx":119,"n":119,"text":"119. States parties should ensure that digital technologies, surveillance mechanisms, such as facial recognition software, and risk profiling that are deployed in the prevention, investigation and prosecution of crimes are not used to unfairly target children suspected of or charged with criminal offences and are not used in a manner that violates their rights, in particular their rights to privacy, dignity and freedom of association.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","B. Administration of child justice"]},{"id":"crc-c-gc-25-0120","docId":"crc-c-gc-25","idx":120,"n":120,"text":"120. The Committee recognizes that, where the digitization of court proceedings results in a lack of in-person contact with children, it may have a negative impact on rehabilitative and restorative justice measures built on developing relationships with the child. In such cases, and also where children are deprived of their liberty, States parties should provide in-person contact to facilitate children’s ability to meaningfully engage with the courts and their rehabilitation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","B. Administration of child justice"]},{"id":"crc-c-gc-25-0121","docId":"crc-c-gc-25","idx":121,"n":121,"text":"121. The digital environment can provide children living in vulnerable situations, including children in armed conflict, internally displaced children, migrant, asylum-seeking and refugee children, unaccompanied children, children in street situations and children affected by natural disasters, with access to life-saving information that is vital for their protection. The digital environment can also enable them to maintain contact with their families, enable their access to education, health and other basic services and enable them to obtain food and safe shelter. States parties should ensure safe, secure, private and beneficial access for such children to the digital environment and protect them from all forms of violence, exploitation and abuse.","labels":["Refugees & asylum-seekers","Children","Persons in street situations","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","C. Protection of children in armed conflict, migrant children and children in other vulnerable situations"]},{"id":"crc-c-gc-25-0122","docId":"crc-c-gc-25","idx":122,"n":122,"text":"122. States parties should ensure that children are not recruited or used in conflicts, including armed conflicts, through the digital environment. That includes preventing, criminalizing and sanctioning the various forms of technology-facilitated solicitation and grooming of children, for example, though use of social networking platforms or chat services in online games.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XII. Special protection measures","C. Protection of children in armed conflict, migrant children and children in other vulnerable situations"]},{"id":"crc-c-gc-25-0123","docId":"crc-c-gc-25","idx":123,"n":123,"text":"123. The cross-border and transnational nature of the digital environment necessitates strong international and regional cooperation, to ensure that all stakeholders, including States, businesses and other actors, effectively respect, protect and fulfil children’s rights in relation to the digital environment. It is therefore vital that States parties cooperate bilaterally and multilaterally with national and international non-governmental organizations, United Nations agencies, businesses and organizations specialized in child protection and human rights in relation to the digital environment.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XIII. International and regional cooperation"]},{"id":"crc-c-gc-25-0124","docId":"crc-c-gc-25","idx":124,"n":124,"text":"124. States parties should promote and contribute to the international and regional exchange of expertise and good practices and establish and promote capacity-building, resources, standards, regulations and protections across national borders that enable the realization of children’s rights in the digital environment by all States. They should encourage the formulation of a common definition of what constitutes a crime in the digital environment, mutual legal assistance and the joint collection and sharing of evidence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XIII. International and regional cooperation"]},{"id":"crc-c-gc-25-0125","docId":"crc-c-gc-25","idx":125,"n":125,"text":"125. States parties should ensure that the present general comment is widely disseminated, including through use of digital technologies, to all relevant stakeholders, in particular parliaments and government authorities, including those responsible for cross-cutting and sectoral digital transformation, as well as members of the judiciary, business enterprises, the media, civil society and the public at large, educators and children, and is made available in multiple formats and languages, including age-appropriate versions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2021,"section":["XIV. Dissemination"]},{"id":"crc-c-gc-26-0001","docId":"crc-c-gc-26","idx":1,"n":1,"text":"1. The extent and magnitude of the triple planetary crisis, comprising the climate emergency, the collapse of biodiversity and pervasive pollution, is an urgent and systemic threat to children’s rights globally. The unsustainable extraction and use of natural resources, combined with widespread contamination through pollution and waste, have had a profound impact on the natural environment, fuelling climate change, intensifying the toxic pollution of water, air and soil, causing ocean acidification and devastating biodiversity and the very ecosystems that sustain all life.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction"]},{"id":"crc-c-gc-26-0002","docId":"crc-c-gc-26","idx":2,"n":2,"text":"2. The efforts of children to draw attention to these environmental crises created the motivation and were the momentum behind the present general comment. The Committee benefited immeasurably from the contributions of children at its 2016 day of general discussion on children’s rights and the environment. A diverse and dedicated children’s advisory team, comprising 12 advisors of between 11 and 17 years of age, supported the consultation process undertaken for the general comment, with 16,331 contributions from children, from 121 countries, through online surveys, focus groups and in-person national and regional consultations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction"]},{"id":"crc-c-gc-26-0003","docId":"crc-c-gc-26","idx":3,"n":3,"text":"3. The children consulted reported on the negative effects of environmental degradation and climate change on their lives and communities. They asserted their right to live in a clean, healthy and sustainable environment: “The environment is our life.” “Adults [should] stop making decisions for the future they won’t experience. [We] are the key means [of] solving climate change, as it is [our] lives at stake.” “I would like to tell [adults] that we are the future generations and, if you destroy the planet, where will we live?!”[[fn:1]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":1,"text":"See https://childrightsenvironment.org/reports/."}],"section":["I. Introduction"]},{"id":"crc-c-gc-26-0004","docId":"crc-c-gc-26","idx":4,"n":4,"text":"4. Child human rights defenders, as agents of change, have made historic contributions to human rights and environmental protection. Their status should be recognized, and their demands for urgent and decisive measures to tackle global environmental harm should be realized.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction"]},{"id":"crc-c-gc-26-0005","docId":"crc-c-gc-26","idx":5,"n":5,"text":"5. While the present general comment is focused on climate change, its application should not be limited to any particular environmental issue. New environmental challenges may arise in the future, for example, those linked to technological and economic development and social change. States should ensure that the present general comment is widely disseminated to all relevant stakeholders, in particular children, and is made available in multiple languages and formats, including age-appropriate and accessible versions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction"]},{"id":"crc-c-gc-26-0006","docId":"crc-c-gc-26","idx":6,"n":6,"text":"6. The application of a child rights-based approach to the environment requires the full consideration of all children’s rights under the Convention on the Rights of the Child and the Optional Protocols thereto.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","A. Child rights-based approach to environmental protection"]},{"id":"crc-c-gc-26-0007","docId":"crc-c-gc-26","idx":7,"n":7,"text":"7. In a children’s rights-based approach, the process of realizing children’s rights is as important as the result. As rights holders, children are entitled to protection from infringements of their rights stemming from environmental harm and to be recognized and fully respected as environmental actors. In taking such an approach, particular attention is paid to the multiple barriers faced by children in disadvantaged situations in enjoying and claiming their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","A. Child rights-based approach to environmental protection"]},{"id":"crc-c-gc-26-0008","docId":"crc-c-gc-26","idx":8,"n":8,"text":"8. A clean, healthy and sustainable environment is both a human right itself and necessary for the full enjoyment of a broad range of children’s rights. Conversely, environmental degradation, including the consequences of the climate crisis, adversely affects the enjoyment of these rights, in particular for children in disadvantaged situations or children living in regions that are highly exposed to climate change. The exercise by children of their rights to freedom of expression, peaceful assembly and association, to information and education, to participate and be heard and to effective remedies can result in more rights-compliant, and therefore more ambitious and effective, environmental policies. In this way, children’s rights and environmental protection form a virtuous circle.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","A. Child rights-based approach to environmental protection"]},{"id":"crc-c-gc-26-0009","docId":"crc-c-gc-26","idx":9,"n":9,"text":"9. The Convention explicitly addresses environmental issues in article 24 (2) (c), by which States are obliged to take measures to combat disease and malnutrition, taking into consideration the dangers and risks of environmental pollution, and under article 29 (1) (e), by which they are required to direct the education of children to the development of respect for the natural environment. Since the adoption of the Convention, growing acceptance has emerged of the wide-ranging interconnections between children’s rights and environmental protection. Unprecedented environmental crises and the resulting challenges for the realization of children’s rights require a dynamic interpretation of the Convention.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","B. Evolution of international law on human rights and the environment"],"citedArticles":[{"treaty":"CRC","article":"24","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-26-0010","docId":"crc-c-gc-26","idx":10,"n":10,"text":"10. The Committee is mindful of efforts of relevance to its interpretation, including: (a) the recognition of the human right to a clean, healthy and sustainable environment by the General Assembly[[fn:2]] and the Human Rights Council;[[fn:3]] (b) the framework principles on human rights and the environment;[[fn:4]] (c) the existing and evolving norms, principles, standards and obligations under international environmental law, such as the United Nations Framework Convention on Climate Change and the Paris Agreement; (d) the legal developments and jurisprudence at the regional level recognizing the relationship between human rights and the environment; and (e) the recognition of some form of the right to a clean, healthy and sustainable environment in international agreements, the jurisprudence of regional and national courts, national constitutions, laws and policies by a vast majority of States.[[fn:5]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":2,"text":"General Assembly resolution 76/300."},{"n":3,"text":"Human Rights Council resolution 48/13."},{"n":4,"text":"A/HRC/37/59, annex."},{"n":5,"text":"See A/HRC/43/53."}],"section":["I. Introduction","B. Evolution of international law on human rights and the environment"]},{"id":"crc-c-gc-26-0011","docId":"crc-c-gc-26","idx":11,"n":11,"text":"11. The Committee recognizes the principle of intergenerational equity and the interests of future generations, to which the children consulted overwhelmingly referred. While the rights of children who are present on Earth require immediate urgent attention, the children constantly arriving are also entitled to the realization of their human rights to the maximum extent. Beyond their immediate obligations under the Convention with regard to the environment, States bear the responsibility for foreseeable environment-related threats arising as a result of their acts or omissions now, the full implications of which may not manifest for years or even decades.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","C. Intergenerational equity and future generations"]},{"id":"crc-c-gc-26-0012","docId":"crc-c-gc-26","idx":12,"n":12,"text":"In the present general comment, the Committee aims to: (a) Emphasize the urgent need to address the adverse effects of environmental degradation, with a special focus on climate change, on the enjoyment of children’s rights; (b) Promote a holistic understanding of children’s rights as they apply to environmental protection; (c) Clarify the obligations of States to the Convention and provide authoritative guidance on legislative, administrative and other appropriate measures to address environmental harm, with a special focus on climate change.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Introduction","D. Objectives"]},{"id":"crc-c-gc-26-0013","docId":"crc-c-gc-26","idx":13,"n":13,"text":"13. Children’s rights, like all human rights, are indivisible, interdependent and interrelated. Some rights are particularly threatened by environmental degradation. Other rights play an instrumental role in safeguarding children’s rights in relation to the environment. The right to education, for example, is a right that has both dimensions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment"]},{"id":"crc-c-gc-26-0014","docId":"crc-c-gc-26","idx":14,"n":14,"text":"14. States have an obligation to effectively prevent, protect against and provide remedies for both direct and indirect environmental discrimination. Children in general, and certain groups of children in particular, face heightened barriers to the enjoyment of their rights, due to multiple and intersecting forms of discrimination; such grounds include those specifically prohibited under article 2 of the Convention and the “other status” referred to in the article. The impact of environmental harm has a discriminatory effect on certain groups of children, especially Indigenous children, children belonging to minority groups, children with disabilities and children living in disaster-prone or climate-vulnerable environments.","labels":["Indigenous peoples","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","A. Right to non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-26-0015","docId":"crc-c-gc-26","idx":15,"n":15,"text":"15. States should collect disaggregated data to identify the differential effects of environment-related harm on children and to better understand intersectionalities, paying special attention to groups of children who are most at risk, and to implement special measures and policies, as required. States must ensure that all legislation, policies and programmes that deal with environmental issues are not intentionally or unintentionally discriminatory towards children in their content or implementation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","A. Right to non-discrimination (art. 2)"]},{"id":"crc-c-gc-26-0016","docId":"crc-c-gc-26","idx":16,"n":16,"text":"16. Environmental decisions generally concern children, and the best interests of the child shall be a primary consideration in the adoption and implementation of environmental decisions, including laws, regulations, policies, standards, guidelines, plans, strategies, budgets, international agreements and the provision of development assistance. Where an environmental decision may have a significant impact on children, conducting a more detailed procedure to assess and determine children’s best interests that provides opportunities for their effective and meaningful participation, is appropriate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-26-0017","docId":"crc-c-gc-26","idx":17,"n":17,"text":"17. Determining the best interests of the child should include an assessment of the specific circumstances that place children uniquely at risk in the context of environmental harm. The purpose of assessing the best interests of the child shall be to ensure the full and effective enjoyment of all rights, including the right to a clean, healthy and sustainable environment. States should not only protect children against environmental harm, but also ensure their well-being and development, taking into account the possibility of future risk and harm.[[fn:6]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":6,"text":"General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, paras. 16 (e), 71 and 74."}],"section":["II. Specific rights under the Convention as they relate to the environment","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-26-0018","docId":"crc-c-gc-26","idx":18,"n":18,"text":"18. The adoption of all measures of implementation should also follow a procedure that ensures that the best interests of the child are a primary consideration. A child rights impact assessment should be used to evaluate the environmental impact of all implementation measures, such as any proposed policy, legislation, regulation, budget or other administrative decision concerning children, and should complement ongoing monitoring and evaluation of the impact of measures on children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-26-0019","docId":"crc-c-gc-26","idx":19,"n":19,"text":"19. Potential conflicts of the best interests of the child with other interests or rights should be resolved on a case-by-case basis, carefully balancing the interests of all parties. Decision makers should analyse and weigh the rights and interests of all those concerned, giving appropriate weight to the primacy of the best interests of the child. States should take into account the possibility that environmental decisions that seem reasonable individually and on a shorter timescale can become unreasonable in aggregate and when considering the full harm that they will cause to children throughout their life courses.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","B. Best interests of the child (art. 3)"]},{"id":"crc-c-gc-26-0020","docId":"crc-c-gc-26","idx":20,"n":20,"text":"20. The right to life is threatened by environmental degradation, including climate change, pollution and biodiversity loss, which are closely linked to other fundamental challenges impeding the realization of this right, including poverty, inequality and conflict. States should take positive measures to ensure that children are protected from foreseeable premature or unnatural death and threats to their lives that may be caused by acts and omissions, as well as the activities of business actors, and enjoy their right to life with dignity.[[fn:7]] Such measures include the adoption and effective implementation of environmental standards, for example, those related to air and water quality, food safety, lead exposure and greenhouse gas emissions, and all other adequate and necessary environmental measures that are protective of children’s right to life.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":7,"text":"Human Rights Committee, general comment No. 36 (2018) on the right to life, para. 62."}],"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"]},{"id":"crc-c-gc-26-0021","docId":"crc-c-gc-26","idx":21,"n":21,"text":"21. The obligations of States under article 6 of the Convention also apply to structural and long-term challenges arising from environmental conditions that may lead to direct threats to the right to life and require taking appropriate measures to tackle those conditions, for example, the sustainable use of resources needed for covering basic needs and the protection of healthy ecosystems and biodiversity. Special measures of protection are needed to prevent and reduce child mortality from environmental conditions and for groups in vulnerable situations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-26-0022","docId":"crc-c-gc-26","idx":22,"n":22,"text":"22. Environmental degradation increase children’s risk of facing grave rights violations in armed conflict due to displacement, famine and increased violence. In the context of armed conflict, States should prohibit the development or retention of, and ensure the clean-up of areas contaminated by, unexploded ordnance and residue of biological, chemical and nuclear weapons, in line with international commitments.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"]},{"id":"crc-c-gc-26-0023","docId":"crc-c-gc-26","idx":23,"n":23,"text":"23. Environmental degradation jeopardizes children’s ability to achieve their full developmental potential, with implications for a wide range of other rights under the Convention. The development of children is intertwined with the environment in which they live. The developmental benefits of a healthy environment include those linked to opportunities to experience outdoor activities and to interact with and play in natural environments, including the animal world.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"]},{"id":"crc-c-gc-26-0024","docId":"crc-c-gc-26","idx":24,"n":24,"text":"24. Younger children are particularly susceptible to environmental hazards due to their unique activity patterns, behaviours and physiology. Exposure to toxic pollutants, even at low levels, during developmental windows of increased vulnerability can easily disrupt the maturational processes of the brain, organs and the immune system and cause disease and impairments during and beyond childhood, sometimes after a substantial latency period. The effects of environmental contaminants may even persist in future generations. States should consistently and explicitly consider the impact of exposure to toxic substances and pollution in early life.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"]},{"id":"crc-c-gc-26-0025","docId":"crc-c-gc-26","idx":25,"n":25,"text":"25. States should recognize each stage of childhood, the importance of each stage for subsequent stages of maturation and development and children’s varying needs at each stage. To create an optimal environment for the right to development, States should explicitly and consistently consider all factors required for children of all different ages to survive, develop and thrive to their fullest potential and design and implement evidence-based interventions that address a wide range of environmental determinants during the life course.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","C. Right to life, survival and development"]},{"id":"crc-c-gc-26-0026","docId":"crc-c-gc-26","idx":26,"n":26,"text":"26. Children identify environmental issues as being highly important to their lives. Children’s voices are a powerful global force for environmental protection, and their views add relevant perspectives and experience with respect to decision-making on environmental matters at all levels. Even from an early age, children can enhance the quality of environmental solutions, for example, by providing invaluable insights into issues such as the effectiveness of early warning systems for environmental hazards. Children’s views should be proactively sought and given due weight in the design and implementation of measures aimed at addressing the significant and long-term environmental challenges that are fundamentally shaping their lives. Creative means of expression, such as art and music, may be used by children to participate and express their views. Additional support and special strategies may be required to empower children in disadvantaged situations, such as children with disabilities, children belonging to minority groups and children living in vulnerable areas, to exercise their right to be heard. The digital environment and tools can enhance consultations with children and expand their capacity and opportunities to be effectively engaged in environmental matters, including through collective advocacy, if carefully used, with due attention given to challenges regarding digital inclusion.[[fn:8]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":8,"text":"General comment No. 25 (2021) on children’s rights in relation to the digital environment, paras. 16 and 18."}],"section":["II. Specific rights under the Convention as they relate to the environment","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-26-0027","docId":"crc-c-gc-26","idx":27,"n":27,"text":"27. States must ensure that age-appropriate, safe and accessible mechanisms are in place for children’s views to be heard regularly and at all stages of environmental decision-making processes for legislation, policies, regulations, projects and activities that may affect them, at the local, national and international levels. For free, active, meaningful and effective participation, children should be provided with environmental and human rights education, age-appropriate and accessible information, adequate time and resources and a supportive and enabling environment. They should receive information about the outcomes of environment-related consultations and feedback on how their views were taken into account and have access to child-sensitive complaint procedures and remedies when their right to be heard in the environmental context is disregarded.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-26-0028","docId":"crc-c-gc-26","idx":28,"n":28,"text":"28. At the international level, States, intergovernmental organizations and international non-governmental organizations should facilitate the involvement of children’s associations and child-led organizations or groups in environmental decision-making processes. States should ensure that their obligations concerning children’s right to be heard are incorporated into international environmental decision-making processes, including in negotiations and the implementation of instruments of international environmental law. Efforts to enhance youth participation in environmental decision-making processes should be inclusive of children.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","D. Right to be heard (art. 12)"]},{"id":"crc-c-gc-26-0029","docId":"crc-c-gc-26","idx":29,"n":29,"text":"29. Children across the world are taking action, individually and collectively, to protect the environment, including by highlighting the consequences of climate change. States shall respect and protect children’s rights to freedom of expression, association and peaceful assembly in relation to the environment, including by providing a safe and enabling environment and a legal and institutional framework within which children can effectively exercise their rights. Children’s rights to freedom of expression, association and peaceful assembly shall not be subjected to restrictions other than those imposed in conformity with the law and that are necessary in a democratic society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","E. Freedom of expression, association and peaceful assembly (arts. 13 and 15)"]},{"id":"crc-c-gc-26-0030","docId":"crc-c-gc-26","idx":30,"n":30,"text":"30. Children who exercise their right to freedom of expression or engage in protests on environmental matters, including children environmental human rights defenders, often face threats, intimidation, harassment and other serious reprisals. States are required to protect their rights, including by providing a safe and empowering context for initiatives organized by children to defend human rights in schools and other settings. States, State actors, such as the police, and other stakeholders, including teachers, should receive training on children’s civil and political rights, including measures to ensure that children can enjoy them safely. States must take all appropriate measures to ensure that no restrictions other than those that are provided by law and that are necessary are imposed on forming and joining associations or taking part in environmental protests. Laws, including those relating to defamation and libel, should not be abused to suppress children’s rights. States should adopt and implement laws to protect child human rights defenders in accordance with international human rights standards. States should provide effective remedies for violations of children’s rights to freedom of expression, peaceful assembly and association.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","E. Freedom of expression, association and peaceful assembly (arts. 13 and 15)"]},{"id":"crc-c-gc-26-0031","docId":"crc-c-gc-26","idx":31,"n":31,"text":"31. States should foster, recognize and support the positive contribution of children to environmental sustainability and climate justice, as an important means of civil and political engagement through which children can negotiate and advocate for the realization of their rights, including their right to a healthy environment, and hold States accountable.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","E. Freedom of expression, association and peaceful assembly (arts. 13 and 15)"]},{"id":"crc-c-gc-26-0032","docId":"crc-c-gc-26","idx":32,"n":32,"text":"32. Access to information is essential for enabling children and their parents or caregivers to comprehend the potential effects of environmental harm on children’s rights. It is also a crucial prerequisite for realizing the rights of children to express their views, to be heard and to effective remedy regarding environmental matters.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","F. Access to information (arts. 13 and 17)"]},{"id":"crc-c-gc-26-0033","docId":"crc-c-gc-26","idx":33,"n":33,"text":"33. Children have the right to access to accurate and reliable environmental information, including about the causes, effects and actual and potential sources of climate and environmental harm, adaptive responses, relevant climate and environmental legislation, regulations, findings from climate and environmental impact assessments, policies and plans and sustainable lifestyle choices. Such information empowers children to learn what they can do in their immediate environment related to waste management, recycling and consumption behaviours.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","F. Access to information (arts. 13 and 17)"]},{"id":"crc-c-gc-26-0034","docId":"crc-c-gc-26","idx":34,"n":34,"text":"34. States have an obligation to make environmental information available. Dissemination methods should be appropriate to children’s ages and capacities and aimed at overcoming obstacles, such as illiteracy, disability, language barriers, distance and limited access to information and communications technology. States should encourage the media to disseminate accurate information and materials regarding the environment, for example, measures that children and their families can take to manage risks in the context of climate change-related disasters.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","F. Access to information (arts. 13 and 17)"]},{"id":"crc-c-gc-26-0035","docId":"crc-c-gc-26","idx":35,"n":35,"text":"35. Environmental degradation, including the climate crisis, is a form of structural violence against children and can cause social collapse in communities and families. Poverty, economic and social inequalities, food insecurity and forced displacement aggravate the risk that children will experience violence, abuse and exploitation. For example, poorer households are less resilient to environment-related shocks, including those caused or exacerbated by climate change, such as rising sea levels, floods, cyclones, air pollution, extreme weather events, desertification, deforestation, droughts, fires, storms and biodiversity loss. The financial hardships, food and clean water shortages and fragile child protection systems brought about by such shocks undermine families’ daily routines, place an extra burden on children and increase their vulnerability to gender-based violence, child marriage, female genital mutilation, child labour, abduction, trafficking, displacement, sexual violence and exploitation and recruitment into criminal, armed and/or violent extremist groups. Children must be protected from all forms of physical and psychological violence and from exposure to violence, such as domestic violence or violence inflicted on animals.","labels":["Women/girls","Children","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","G. Right to freedom from all forms of violence (art. 19)"]},{"id":"crc-c-gc-26-0036","docId":"crc-c-gc-26","idx":36,"n":36,"text":"36. Investment in children’s services can considerably reduce the overall environmental risks faced by children worldwide. States should adopt cross-sectoral measures to address the drivers of violence against children linked to environmental degradation.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","G. Right to freedom from all forms of violence (art. 19)"]},{"id":"crc-c-gc-26-0037","docId":"crc-c-gc-26","idx":37,"n":37,"text":"37. The right to health includes the enjoyment of a variety of facilities, goods, services and conditions that are necessary for the realization of the highest attainable standard of health, including a healthy environment. This right is dependent on and is indispensable to the enjoyment of many other rights under the Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0038","docId":"crc-c-gc-26","idx":38,"n":38,"text":"38. Environmental pollution is a major threat to children’s health, as explicitly recognized in article 24 (2) (c) of the Convention. However, in many countries, pollution is often overlooked and its impact underestimated. Lack of potable water, inadequate sanitation and household air pollution pose serious threats to children’s health. Pollution associated with past and present industrial activities, including exposure to toxic substances and hazardous waste, presents more complex threats to health, often resulting in effects long after exposure.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"],"citedArticles":[{"treaty":"CRC","article":"24","paragraph":"2","source":"regex"}]},{"id":"crc-c-gc-26-0039","docId":"crc-c-gc-26","idx":39,"n":39,"text":"39. Climate change, biodiversity loss and the degradation of ecosystems are obstacles to the realization of children’s right to health. These environmental factors often interact, exacerbating existing health disparities. For example, rising temperatures caused by climate change increase the risk of vector-borne and zoonotic diseases and concentrations of air pollutants that stunt brain and lung development and exacerbate respiratory conditions. Climate change, pollution and toxic substances all represent key drivers of the alarming loss in biodiversity and the degradation of ecosystems on which human health depends. Specific effects include reductions in microbial diversity, which is critical to the development of children’s immune systems, and the increasing prevalence of autoimmune diseases, with long-term effects.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0040","docId":"crc-c-gc-26","idx":40,"n":40,"text":"40. Air and water pollution, exposure to toxic substances, including chemical fertilizers, soil and land degradation and other types of environmental harm increase child mortality, especially among children under 5 years of age, and contribute to the prevalence of disease, impaired brain development and subsequent cognitive deficits. The effects of climate change, including water scarcity, food insecurity, vector-borne and waterborne diseases, the intensification of air pollution and physical trauma linked to both sudden- and slow-onset events, are disproportionately borne by children.[[fn:9]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":9,"text":"For example, Intergovernmental Panel on Climate Change, Sixth Assessment Report, Summary for Policymakers, figure SPM.1, The data show the disproportionate, cumulative and long-term effects of climate change on people born in 2020."}],"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0041","docId":"crc-c-gc-26","idx":41,"n":41,"text":"41. Another concern is children’s current and anticipated psychosocial and mental health conditions caused by environmental harm, including climate change-related events. The clear emerging link between environmental harm and children’s mental health, such as depression and eco-anxiety, requires pressing attention, both in terms of response and prevention programmes, by public health and education authorities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0042","docId":"crc-c-gc-26","idx":42,"n":42,"text":"42. States should integrate measures to address environmental health concerns relevant to children into their national plans, policies and strategies relating to both health and the environment. Legislative, regulatory and institutional frameworks, including regulations dealing with the business sector, should effectively protect children’s environmental health where they live, study, play and work. Environmental health standards should be consistent with the best available science and all relevant international guidelines, such as those established by the World Health Organization, and be strictly enforced. The obligations of States under article 24 of the Convention also apply when developing and implementing environmental agreements to address transboundary and global threats to children’s health.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-26-0043","docId":"crc-c-gc-26","idx":43,"n":43,"text":"43. The right to health includes access for children affected by environmental harm to high-quality public health and health-care facilities, goods and services, and particular attention should be given to underserved and hard-to-reach populations and to delivering high-quality prenatal maternal health care nationwide. Facilities, programmes and services should be equipped to respond to environmental health hazards. Health protection also applies to the conditions that children need to lead a healthy life, such as a safe climate, safe and clean drinking water and sanitation, sustainable energy, adequate housing, access to nutritionally adequate and safe food and healthy working conditions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0044","docId":"crc-c-gc-26","idx":44,"n":44,"text":"44. The availability of high-quality data is crucial for adequate protection against climate and environmental health risks. States should assess the local, national and transboundary health effects of environmental harm, including the causes of mortality and morbidity, while taking into consideration the entire life course of children and the vulnerabilities and inequalities that they face at each life stage. Priority concerns, the impacts of climate change and emerging environmental health issues should be identified. In addition to data collected through routine health information systems, research is required, for example, for longitudinal cohort studies and studies of pregnant women, infants and children that capture risks at critical windows of development.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["II. Specific rights under the Convention as they relate to the environment","H. Right to the highest attainable standard of health (art. 24)"]},{"id":"crc-c-gc-26-0045","docId":"crc-c-gc-26","idx":45,"n":45,"text":"45. Children have the right to a standard of living adequate for their physical, mental, spiritual, moral and social development. A clean, healthy and sustainable environment is a prerequisite for the realization of this right, including to adequate housing, food security and safe and clean drinking water and sanitation.[[fn:10]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":10,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002) on the right to water, para. 3; and Committee on the Rights of the Child, general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, para. 48."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"]},{"id":"crc-c-gc-26-0046","docId":"crc-c-gc-26","idx":46,"n":46,"text":"46. The Committee underlines that the rights to adequate housing, food, water and sanitation should be realized sustainably, including with respect to material consumption, resource and energy use and the appropriation of space and nature.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"]},{"id":"crc-c-gc-26-0047","docId":"crc-c-gc-26","idx":47,"n":47,"text":"47. Exposure to environmental harm has both direct and structural causes and exacerbates the effects of multidimensional child poverty. In the environmental context, social security, as guaranteed under article 26 of the Convention, is particularly relevant. States are urged to introduce features into social security policies and social protection floors that provide children and their families with protection against environmental shocks and slow-onset harms, including from climate change. States should strengthen child-centred poverty alleviation programmes in the areas that are most vulnerable to environmental risks.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"],"citedArticles":[{"treaty":"CRC","article":"26","source":"regex"}]},{"id":"crc-c-gc-26-0048","docId":"crc-c-gc-26","idx":48,"n":48,"text":"48. Children, including displaced children, should have access to adequate housing that conforms to international human rights standards. Housing should be sustainable and resilient and should not be built on polluted sites or in areas facing a high risk of environmental degradation. Homes should have safe and sustainable sources of energy for cooking, heating, lighting and appropriate ventilation and be free from mould, toxic substances and smoke. There should be effective management of waste and litter, protection from traffic, excessive noise and overcrowding and access to safe drinking water and sustainable sanitation and hygiene facilities.","labels":["Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"]},{"id":"crc-c-gc-26-0049","docId":"crc-c-gc-26","idx":49,"n":49,"text":"49. Children should not be subject to forced evictions without prior provision of adequate alternative accommodation, including relocation linked to development and infrastructure projects addressing energy and/or climate mitigation and adaptation action. Child rights impact assessments should be a prerequisite for such projects. Particular attention should be paid to preserving the traditional land of Indigenous children and protecting the quality of the natural environment for the enjoyment of their rights, including their right to an adequate standard of living.[[fn:11]]","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":11,"text":"General comment No. 11 (2009) on Indigenous children and their rights under the Convention, paras. 34 and 35."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"]},{"id":"crc-c-gc-26-0050","docId":"crc-c-gc-26","idx":50,"n":50,"text":"50. In situations of cross-border displacement and migration linked to climate-related and environment-related events and related to armed conflict situations, the Committee underlines the importance of international cooperation and the obligation of States to undertake all appropriate legislative, administrative and other measures to ensure the rights under the Convention for all children within their jurisdiction, without discrimination. Relevant authorities should consider the risk of children’s rights violations caused by the impacts of environmental degradation, including climate change, when deciding upon admission and when reviewing claims for international protection, in particular given, for example, the particularly serious consequences for children of the insufficient provision of food or health services. States should not deport children and their families to any place where they would face a real risk of grave violations as a result of the adverse effects of environmental degradation.","labels":["Migrants","Children","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)"]},{"id":"crc-c-gc-26-0051","docId":"crc-c-gc-26","idx":51,"n":51,"text":"51. Education is one of the cornerstones of a child rights-based approach to the environment. Children have highlighted that education is instrumental in protecting their rights and the environment and in increasing their awareness and preparedness for environmental damage; however, the right to education is highly vulnerable to the impact of environmental harm, as it can result in school closures and disruptions, school dropout and the destruction of schools and places to play.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"]},{"id":"crc-c-gc-26-0052","docId":"crc-c-gc-26","idx":52,"n":52,"text":"52. Article 29 (1) (e) of the Convention, requiring that the education of a child be directed to the development of respect for the natural environment, should be read in conjunction with article 28, to ensure that every child has the right to receive an education that reflects environmental values.[[fn:12]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":12,"text":"General comment No. 1 (2001) on the aims of education, para. 13."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-26-0053","docId":"crc-c-gc-26","idx":53,"n":53,"text":"53. A rights-based environmental education should be transformative, inclusive, child-centred, child-friendly and empowering. It should pursue the development of the child’s personality, talents and abilities, acknowledge the close interrelationship between respect for the natural environment and other ethical values enshrined in article 29 (1) of the Convention and have both a local and global orientation.[[fn:13]] School curricula should be tailored to children’s specific environmental, social, economic and cultural contexts and promote understanding of the contexts of other children affected by environmental degradation. Teaching materials should provide scientifically accurate, up-to-date and developmentally and age-appropriate environmental information. All children should be equipped with the skills necessary to face expected environmental challenges in life, such as disaster risks and environment-related health impacts, including the ability to critically reflect upon such challenges, solve problems, make well-balanced decisions and assume environmental responsibility, such as through sustainable lifestyles and consumption, in accordance with their evolving capacities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":13,"text":"Ibid., paras. 2, 12 and 13."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-26-0054","docId":"crc-c-gc-26","idx":54,"n":54,"text":"54. Environmental values should be reflected in the education and training of all professionals involved in education, encompassing teaching methods, technologies and approaches used in education, school environments and preparing children for green jobs. Environmental education extends beyond formal schooling to embrace the broad range of lived experiences and learning. Exploratory, non-formal and practical methods, such as outdoor learning, are a preferred way of delivering this aim of education.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"]},{"id":"crc-c-gc-26-0055","docId":"crc-c-gc-26","idx":55,"n":55,"text":"55. States should build safe, healthy and resilient infrastructure for effective learning. This includes ensuring the availability of pedestrian and biking routes and public transportation to school and that schools and alternative learning facilities are located at safe distances from sources of pollution, flooding, landslides and other environmental hazards, including contaminated sites, and the construction of buildings and classrooms with adequate heating and cooling and access to sufficient, safe and acceptable drinking water[[fn:14]] and sanitation facilities. Environmentally friendly school facilities, such as those with lighting and heating sourced from renewable energy and edible gardens, can benefit children and ensure compliance by States with their environmental obligations.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":14,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 15 (2002), paras. 12 (c) (i) and 16 (b)."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"]},{"id":"crc-c-gc-26-0056","docId":"crc-c-gc-26","idx":56,"n":56,"text":"56. During and after water scarcity, sandstorms, heatwaves and other severe weather events, States should ensure physical access to schools, especially for children in remote or rural communities, or consider alternative teaching methods, such as mobile educational facilities and distance learning. Underserved communities should be prioritized for the climate-proofing and renovation of schools. States should ensure alternative housing for displaced populations as soon as possible to ensure that schools are not used as shelters. When responding to emergencies caused by severe weather events in areas already affected by armed conflict, States should ensure that schools do not become targets for armed groups’ activity.","labels":["Children","Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"]},{"id":"crc-c-gc-26-0057","docId":"crc-c-gc-26","idx":57,"n":57,"text":"57. States should recognize and address the disproportionate indirect and knock-on effects of environmental degradation on children’s education, paying special attention to gender-specific situations, such as children leaving school due to additional domestic and economic burdens in households facing environment-related shocks and stress.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","J. Right to education (arts. 28 and 29 (1) (e))"]},{"id":"crc-c-gc-26-0058","docId":"crc-c-gc-26","idx":58,"n":58,"text":"58. Indigenous children are disproportionately affected by biodiversity loss, pollution and climate change. States should closely consider the impact of environmental harm, such as deforestation, on traditional land and culture and the quality of the natural environment, while ensuring the rights to life, survival and development of Indigenous children. States must undertake measures to meaningfully engage with Indigenous children and their families in responding to environmental harm, including harm caused by climate change, taking due account of and integrating concepts from Indigenous cultures and traditional knowledge in mitigation and adaptation measures. While children in Indigenous communities face unique risks, they can also act as educators and advocates in applying traditional knowledge to reduce the impact of local hazards and strengthen resilience, if this knowledge is passed on and supported. Comparable measures should be taken regarding the rights of children belonging to non-Indigenous minority groups whose rights, way of life and cultural identity are intimately related to nature.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","K. Rights of Indigenous children and children belonging to minority groups (art. 30)"]},{"id":"crc-c-gc-26-0059","docId":"crc-c-gc-26","idx":59,"n":59,"text":"59. Play and recreation are essential to the health and well-being of children and promote the development of creativity, imagination, self-confidence, self-efficacy and physical, social, cognitive and emotional strength and skills. Play and recreation contribute to all aspects of learning, are critical to children’s holistic development[[fn:15]] and afford important opportunities for children to explore and experience the natural world and biodiversity, benefiting their mental health and well-being and contributing to understanding, appreciation and care for the natural environment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":15,"text":"General comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts, paras. 9 and 14 (c)."}],"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","L. Right to rest, play, leisure and recreation (art. 31)"]},{"id":"crc-c-gc-26-0060","docId":"crc-c-gc-26","idx":60,"n":60,"text":"60. Conversely, unsafe and hazardous environments undermine the realization of the rights under article 31 (1) of the Convention and are risk factors for children’s health, development and safety. Children need inclusive spaces for play that are close to their homes and free from environmental hazards. The impacts of climate change exacerbate these challenges, while climate change-related stress on household incomes may reduce children’s available time for, and ability to engage in, rest, leisure, recreation and play.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","L. Right to rest, play, leisure and recreation (art. 31)"],"citedArticles":[{"treaty":"CRC","article":"31","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-26-0061","docId":"crc-c-gc-26","idx":61,"n":61,"text":"61. States shall take effective legislative, administrative and other measures to ensure that all children, without discrimination, are able to play and engage in recreational activities in safe, clean and healthy environments, including natural spaces, parks and playgrounds. In public planning, in rural and urban settings, children’s views should be given due weight and the creation of environments promoting their well-being should be prioritized. Consideration should be given to: (a) providing access, by means of safe, affordable and accessible transportation, to green areas, large open spaces and nature for play and recreation; (b) creating a safe local environment that is for free play, free from pollution, hazardous chemicals and waste; and (c) undertaking road traffic measures to reduce pollution levels near households, schools and playgrounds, including through the design of zones in which children playing, walking and cycling have priority.","labels":["Children","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","L. Right to rest, play, leisure and recreation (art. 31)"]},{"id":"crc-c-gc-26-0062","docId":"crc-c-gc-26","idx":62,"n":62,"text":"62. States should introduce legislation, regulations and guidelines, accompanied by necessary budgetary allocations and effective monitoring and enforcement mechanisms, to ensure that third parties comply with article 31 of the Convention, including by establishing safety standards for all toys and play and recreational facilities, in particular concerning toxic substances, in urban and rural development projects. In situations of climate change-related disasters, measures should be taken to restore and protect these rights, including through the creation or restoration of safe spaces and by encouraging play and creative expression to promote resilience and psychological healing.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["I. Right to social security and adequate standard of living (arts. 26 and 27)","L. Right to rest, play, leisure and recreation (art. 31)"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-26-0063","docId":"crc-c-gc-26","idx":63,"n":63,"text":"63. Children have the right to a clean, healthy and sustainable environment. This right is implicit in the Convention and directly linked to, in particular, the rights to life, survival and development, under article 6, to the highest attainable standard of health, including taking into consideration the dangers and risks of environmental pollution, under article 24, to an adequate standard of living, under article 27, and to education, under article 28, including the development of respect for the natural environment, under article 29.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["III. Right to a clean, healthy and sustainable environment"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-26-0064","docId":"crc-c-gc-26","idx":64,"n":64,"text":"64. The substantive elements of this right are profoundly important for children, given that they include clean air, a safe and stable climate, healthy ecosystems and biodiversity, safe and sufficient water, healthy and sustainable food and non-toxic environments.[[fn:16]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":16,"text":"See A/74/161, A/75/161, A/76/179, A/HRC/40/55, A/HRC/46/28 and A/HRC/49/53."}],"section":["III. Right to a clean, healthy and sustainable environment"]},{"id":"crc-c-gc-26-0065","docId":"crc-c-gc-26","idx":65,"n":65,"text":"Towards the realization of this right for children, the Committee considers that States should immediately take the following action: (a) Improve air quality, by reducing both outdoor and household air pollution, to prevent child mortality, especially among children under 5 years of age; (b) Ensure access to safe and sufficient water and sanitation and healthy aquatic ecosystems to prevent the spread of waterborne illnesses among children; (c) Transform industrial agriculture and fisheries to produce healthy and sustainable food aimed at preventing malnutrition and promoting children’s growth and development; (d) Equitably phase out the use of coal, oil and natural gas, ensure a fair and just transition of energy sources and invest in renewable energy, energy storage and energy efficiency to address the climate crisis; (e) Conserve, protect and restore biodiversity; (f) Prevent marine pollution, by banning the direct or indirect introduction of substances into the marine environment that are hazardous to children’s health and marine ecosystems;[[fn:17]] (g) Closely regulate and eliminate, as appropriate, the production, sale, use and release of toxic substances that have disproportionate adverse health effects on children, in particular those substances that are developmental neurotoxins.[[fn:18]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":17,"text":"Convention for the Protection of the Marine Environment of the North-East Atlantic, art. 2.2 (a)."},{"n":18,"text":"See A/HRC/49/53."}],"section":["III. Right to a clean, healthy and sustainable environment"]},{"id":"crc-c-gc-26-0066","docId":"crc-c-gc-26","idx":66,"n":66,"text":"66. Procedural elements, including access to information, participation in decision-making and child-friendly access to justice, with effective remedies, have equal importance to the empowerment of children, including through education, to become agents of their own destiny.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["III. Right to a clean, healthy and sustainable environment"]},{"id":"crc-c-gc-26-0067","docId":"crc-c-gc-26","idx":67,"n":67,"text":"67. States should incorporate children’s right to a clean, healthy and sustainable environment into their national legislation and take adequate measures to implement it in order to strengthen accountability. This right should be mainstreamed across all decisions and measures concerning children, including policies related to education, leisure, play, access to green spaces, child protection, children’s health and migration, and national frameworks for the implementation of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["III. Right to a clean, healthy and sustainable environment"]},{"id":"crc-c-gc-26-0068","docId":"crc-c-gc-26","idx":68,"n":68,"text":"68. States must ensure a clean, healthy and sustainable environment in order to respect, protect and fulfil children’s rights. The obligation to respect children’s rights requires States to refrain from violating them by causing environmental harm. They shall protect children against environmental damage from other sources and third parties, including by regulating business enterprises. States parties are also under the obligation to prevent and remediate the impacts of environmental hazards on children’s rights, even where such threats are beyond human control, for example, by establishing inclusive early warning systems. States must take urgent steps to fulfil their obligation to facilitate, promote and provide for the enjoyment by children of their rights, including their right to a clean, healthy and sustainable environment, such as by transitioning to clean energy and adopting strategies and programmes to ensure the sustainable use of water resources.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0069","docId":"crc-c-gc-26","idx":69,"n":69,"text":"69. States have a due diligence obligation to take appropriate preventive measures to protect children against reasonably foreseeable environmental harm and violations of their rights, paying due regard to the precautionary principle. This includes assessing the environmental impacts of policies and projects, identifying and preventing foreseeable harm, mitigating such harm if it is not preventable and providing for timely and effective remedies to redress both foreseeable and actual harm.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0070","docId":"crc-c-gc-26","idx":70,"n":70,"text":"70. States are also obliged to respect, protect and fulfil children’s rights that are exercised in relation to the environment. The obligation to respect rights requires that they refrain from any action that would limit children’s right to express their views on matters relating to the environment and from impeding access to accurate environmental information, and protect children from misinformation concerning environmental risks and from the risk of violence or other reprisals. The obligation to fulfil rights requires that States combat negative societal attitudes to children’s right to be heard and to facilitate their meaningful participation in environmental decision-making.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0071","docId":"crc-c-gc-26","idx":71,"n":71,"text":"71. States must take deliberate, specific and targeted steps towards achieving the full and effective enjoyment of children’s rights related to the environment, including their right to a healthy environment, including through the development of legislation, policies, strategies or plans that are science-based and consistent with relevant international guidelines related to environmental health and safety and by refraining from taking retrogressive measures that are less protective of children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0072","docId":"crc-c-gc-26","idx":72,"n":72,"text":"72. States are obliged to devote financial, natural, human, technological, institutional and informational resources to realize children’s rights in relation to the environment to the maximum extent of their available resources and, where needed, within the framework of international cooperation.[[fn:19]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":19,"text":"General comment No. 19 (2016) on public budgeting for the realization of children’s rights, para. 75."}],"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0073","docId":"crc-c-gc-26","idx":73,"n":73,"text":"73. Subject to any obligations under international law, including those contained in multilateral environmental agreements to which they are party, States retain discretion in arriving at a reasonable balance between determining the appropriate levels of environmental protection and achieving other social goals in the light of available resources. Nevertheless, such leeway is limited by the obligations of States under the Convention. Children are far more likely than adults to suffer serious harm, including irreversible and lifelong consequences and death, from environmental degradation. Given their heightened duty of care, States should therefore set and enforce environmental standards that protect children from such disproportionate and long-term effects.[[fn:20]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":20,"text":"A/HRC/37/58, paras. 56 and 57."}],"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0074","docId":"crc-c-gc-26","idx":74,"n":74,"text":"74. States should ensure the collection of reliable, regularly updated and disaggregated data and research on environmental harm, including the risks and actual impacts of climate change-related harm on children’s rights. They should include longitudinal data on the effects of environmental harm on children’s rights, in particular on health, education and standard of living at different ages. Such data and research should inform the formulation and evaluation of environmental legislation, policies, programmes and plans at all levels and must be made publicly available.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","A. Obligation of States to respect, protect and fulfil children’s rights"]},{"id":"crc-c-gc-26-0075","docId":"crc-c-gc-26","idx":75,"n":75,"text":"75. All proposed environment-related legislation, policies, projects, regulations, budgets and decisions, and those already in force, require vigorous children’s rights impact assessments, in accordance with article 3 (1) of the Convention. States should require the assessment, both before and after implementation, of the possible direct and indirect impact on the environment and climate, including the transboundary, cumulative, and both production and consumption effects, on the enjoyment of children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","B. Child rights impact assessments"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"}]},{"id":"crc-c-gc-26-0076","docId":"crc-c-gc-26","idx":76,"n":76,"text":"76. Whether child rights impact assessments are included within the framework of an environmental or integrated impact assessment, or carried out as a standalone assessment, they should incorporate a special regard for the differential impact of environmental decisions on children, in particular young children and other groups of children most at risk, as measured against all relevant rights under the Convention, including short-, medium- and long-term, combined and irreversible impacts, interactive and cumulative impacts and impacts in the different stages of childhood. For example, States that have substantial fossil fuel industries should assess the social and economic impact on children of their related decisions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","B. Child rights impact assessments"]},{"id":"crc-c-gc-26-0077","docId":"crc-c-gc-26","idx":77,"n":77,"text":"77. Child rights impact assessments should be undertaken as early as possible in the decision-making process, at crucial stages of decision-making and in follow up to the measures taken. Such assessments should be conducted with the participation of children and due weight should be given to their views and those of thematic experts. The findings should be published in child-friendly language and in the languages that children use.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","B. Child rights impact assessments"]},{"id":"crc-c-gc-26-0078","docId":"crc-c-gc-26","idx":78,"n":78,"text":"78. Businesses have the responsibility to respect children’s rights in relation to the environment. States have the obligation to protect against the abuse of child rights by third parties, including business enterprises.[[fn:21]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":21,"text":"General comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, paras. 28, 42 and 82."}],"section":["IV. General measures of implementation (art. 4)","C. Children’s rights and the business sector"]},{"id":"crc-c-gc-26-0079","docId":"crc-c-gc-26","idx":79,"n":79,"text":"79. Business activity is a source of significant environmental damage, contributing to child rights abuses. Such damage results, for example, from the production, use, release and disposal of hazardous and toxic substances, the extraction and burning of fossil fuels, industrial air and water pollution and unsustainable agriculture and fishing practices. Businesses contribute significantly to greenhouse gas emissions, which adversely affect children’s rights, and to short- and long-term infringements of their rights linked to the consequences of climate change. The impacts of business activities and operations may undermine the ability of children and their families to adapt to the impacts of climate change, for example, where land has been degraded, thereby exacerbating climate stress. States should strengthen the realization of children’s rights by sharing and making accessible existing technologies and exerting influence on business operations and value chains to prevent, mitigate and adapt to climate change.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","C. Children’s rights and the business sector"]},{"id":"crc-c-gc-26-0080","docId":"crc-c-gc-26","idx":80,"n":80,"text":"80. States have obligations to provide a framework to ensure that businesses respect children’s rights through effective, child-sensitive legislation, regulation, enforcement and policies and remedial, monitoring, coordination, collaboration and awareness-raising measures. States should require businesses to undertake child rights due diligence procedures to identify, prevent, mitigate and account for their impact on the environment and children’s rights. Such due diligence is a risk-based process that involves focusing efforts where the risks from environmental damage are severe and likely to materialize, paying special attention to the risk exposure of certain groups of children, such as working children. Immediate steps should be taken in the event that children are identified as victims to prevent further harm to their health and development and to adequately and effectively repair the damage done in a timely and effective manner.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","C. Children’s rights and the business sector"]},{"id":"crc-c-gc-26-0081","docId":"crc-c-gc-26","idx":81,"n":81,"text":"81. The Committee recommends the development by businesses, in partnership with stakeholders, including children, of due diligence procedures that integrate children’s rights impact assessments into their operations. Marketing standards should ensure that businesses do not mislead consumers, in particular children, through practices of green-washing or green-sheening, by which businesses falsely portray efforts to prevent or mitigate environmental harm.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","C. Children’s rights and the business sector"]},{"id":"crc-c-gc-26-0082","docId":"crc-c-gc-26","idx":82,"n":82,"text":"82. Effective remedies should be available to redress violations and promote social justice.[[fn:22]] Despite children having been at the vanguard of several environmental and climate change cases and their recognition under the Convention as rights holders, children, due to their status, encounter barriers to attaining legal standing in many States, thereby limiting their means of asserting their rights in the environmental context.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":22,"text":"General comment No. 5 (2003) on general measures of implementation of the Convention, para. 24; and International Covenant on Civil and Political Rights, art. 2 (3)."}],"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0083","docId":"crc-c-gc-26","idx":83,"n":83,"text":"83. States should provide access to justice pathways for children, including complaint mechanisms that are child-friendly, gender-responsive and disability-inclusive, to ensure their engagement with effective judicial, quasi-judicial and non-judicial mechanisms, including child-centred national human rights institutions, for violations of their rights relating to environmental harm. This includes removing barriers for children to initiate proceedings themselves, adjusting the rules of standing and empowering national human rights institutions with mandates to receive complaints from children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0084","docId":"crc-c-gc-26","idx":84,"n":84,"text":"84. Mechanisms should be available for claims of imminent or foreseeable harms and past or current violations of children’s rights. States should ensure that these mechanisms are readily available to all children under their jurisdiction, without discrimination, including children outside their territory affected by transboundary harm resulting from States’ acts or omissions occurring within their territories.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0085","docId":"crc-c-gc-26","idx":85,"n":85,"text":"85. States should provide for collective complaints, such as class action suits and public interest litigation,[[fn:23]] and extend the limitation periods regarding violations of children’s rights due to environmental harm.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":23,"text":"General comment No. 16 (2013), para. 68; and general comment No. 25 (2021), para. 44."}],"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0086","docId":"crc-c-gc-26","idx":86,"n":86,"text":"86. The complexity of cases involving environmental harm due to transboundary effects, causation and cumulative impacts necessitates effective legal representation. Litigation is often a lengthy process, and supranational bodies generally require the exhaustion of domestic remedies prior to filing a complaint. Children should have access to free legal and other appropriate assistance, including legal aid and effective legal representation, and be provided the opportunity to be heard in any judicial or administrative proceedings affecting them. States should consider additional measures to lower the costs for children seeking remedies, for example, through protection from adverse cost orders, to limit the financial risk to children who bring cases in the public interest regarding environmental matters.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0087","docId":"crc-c-gc-26","idx":87,"n":87,"text":"87. To enhance accountability and promote children’s access to justice in environmental matters, States should explore options for shifting the onerous burden of proof from child plaintiffs to establish causation in the face of numerous variables and information deficits.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0088","docId":"crc-c-gc-26","idx":88,"n":88,"text":"88. Children may face particular difficulties in obtaining remedies in cases involving business enterprises that may be causing or contributing to abuses of their rights, especially concerning transboundary and global impacts. States have an obligation to establish non-judicial and judicial mechanisms to provide access to effective remedies for abuses of children’s rights by business enterprises, including as a result of their extraterritorial activities and operations, provided that there is a reasonable link between the State and the conduct concerned. In line with international standards, businesses are expected to establish or participate in effective grievance mechanisms for children who have been victims of such abuses of their rights. States should also ensure the availability of regulatory agencies, monitor abuses and provide adequate remedies for violations of children’s rights related to environmental harm.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0089","docId":"crc-c-gc-26","idx":89,"n":89,"text":"89. Appropriate reparation includes restitution, adequate compensation, satisfaction, rehabilitation and guarantees of non-repetition, with regard to both the environment and the children affected, including access to medical and psychological assistance. Remedial mechanisms should consider the specific vulnerabilities of children to the effects of environmental degradation, including the possible irreversibility and lifelong nature of the harm. Reparation should be swift, to limit ongoing and future violations. The application of novel forms of remedy is encouraged, such as orders to establish intergenerational committees, in which children are active participants, to determine and oversee the expeditious implementation of measures to mitigate and adapt to the impacts of climate change.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0090","docId":"crc-c-gc-26","idx":90,"n":90,"text":"90. Access to applicable international and regional human rights mechanisms should be available, including through ratification of the Optional Protocol on a communications procedure. Information about such mechanisms and how to use them should be made widely known to children, parents, caregivers and professionals working with and for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","D. Access to justice and remedies"]},{"id":"crc-c-gc-26-0091","docId":"crc-c-gc-26","idx":91,"n":91,"text":"91. States have an obligation to take action, separately and jointly, through international cooperation, to respect, protect and fulfil children’s rights. Article 4 of the Convention emphasizes that the implementation of the Convention is a cooperative exercise for the States of the world,[[fn:24]] and the full realization of children’s rights under the Convention is in part contingent upon how States interact. Climate change, pollution and biodiversity loss clearly represent urgent examples of global threats to children’s rights that require States to work together, calling for the widest possible cooperation by all countries and their participation in an effective and appropriate international response.[[fn:25]] The obligations of international cooperation of each State depends in part on its situation. In the context of climate change, such obligations are appropriately guided by taking into account the historical and current emissions of greenhouse gases and the concept of common but differentiated responsibilities and States’ respective capabilities, in the light of different national circumstances,[[fn:26]] while requiring the provision of technical and financial assistance from developed States to developing States consistent with article 4 of the Convention. States should engage in international cooperation to ensure the conformity of standards for developing and implementing children’s rights and environmental due diligence procedures.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":24,"text":"General comment No. 5 (2003), para. 60."},{"n":25,"text":"United Nations Framework Convention on Climate Change, preamble; and Human Rights Council resolutions 26/27 and 29/15."},{"n":26,"text":"United Nations Framework Convention on Climate Change, preamble and art. 3 (1); Paris Agreement, art. 2 (2); and Human Rights Council resolutions 26/27 and 29/15."}],"section":["IV. General measures of implementation (art. 4)","E. International cooperation"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-26-0092","docId":"crc-c-gc-26","idx":92,"n":92,"text":"92. In general, developed States have committed to supporting action to address the intersecting global environmental challenges in developing countries by facilitating the transfer of green technology and contributing to financing environmental measures, in line with internationally agreed climate and biodiversity finance goals. The Convention should be a core consideration in global environmental decisions, including in States’ international mitigation, adaptation and loss and damage strategies.[[fn:27]] The environment-related programmes of donor States should be rights-based, while States that receive international environmental finance and assistance should consider allocating a substantive part of that aid specifically to child-focused programmes. Implementation guidelines should be reviewed and updated to take into account the child rights obligations of States.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":27,"text":"United Nations Framework Convention on Climate Change, art. 4 (5); and Paris Agreement, art. 9 (1)."}],"section":["IV. General measures of implementation (art. 4)","E. International cooperation"]},{"id":"crc-c-gc-26-0093","docId":"crc-c-gc-26","idx":93,"n":93,"text":"93. States should ensure that environmental measures supported by international environmental finance mechanisms and international organizations respect, protect and proactively seek to fulfil children’s rights. States should integrate standards and procedures to assess the risk of harm to children into the planning and implementation of new environment-related projects and take measures to mitigate the risks of harm, in compliance with the Convention and the Optional Protocols thereto. States should cooperate to support the establishment and implementation of procedures and mechanisms to provide access to effective remedies for violations of children’s rights in this context.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","E. International cooperation"]},{"id":"crc-c-gc-26-0094","docId":"crc-c-gc-26","idx":94,"n":94,"text":"94. States should cooperate in good faith in the establishment and funding of global responses to address environmental harm suffered by people in vulnerable situations, paying particular attention to safeguarding the rights of children in the light of their specific vulnerabilities to environment-related risks and addressing the devastating impact of both sudden- and slow-onset forms of climate disruption on children, their communities and their nations. States should cooperate to invest in conflict prevention and efforts to sustain peace that will positively contribute to mitigating any environmental harm to children that could result from armed conflict and should consider the views of children in peacemaking and peacebuilding.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["IV. General measures of implementation (art. 4)","E. International cooperation"]},{"id":"crc-c-gc-26-0095","docId":"crc-c-gc-26","idx":95,"n":95,"text":"95. The Committee calls for urgent collective action by all States to mitigate greenhouse gas emissions, in line with their human rights obligations. In particular, historical and current major emitters should take the lead in mitigation efforts.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0096","docId":"crc-c-gc-26","idx":96,"n":96,"text":"96. Insufficient progress in achieving international commitments to limit global warming exposes children to continuous and rapidly increasing harms associated with greater concentrations of greenhouse gas emissions and the resulting temperature increases. Scientists warn about tipping points, which are thresholds beyond which certain effects can no longer be avoided, posing dire and uncertain risks to children’s rights. Avoiding tipping points requires urgent and ambitious action to reduce atmospheric concentrations of greenhouse gases.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0097","docId":"crc-c-gc-26","idx":97,"n":97,"text":"97. Mitigation objectives and measures should be based on the best available science and be regularly reviewed to ensure a pathway to net zero carbon emissions at the latest by 2050 in a manner that prevents harm to children. The Intergovernmental Panel on Climate Change has illustrated that it is imperative to accelerate mitigation efforts in the near term, to limit the temperature increase to below 1.5°C above pre-industrial levels, and that international cooperation, equity and rights-based approaches are critical to achieving ambitious climate change mitigation goals.[[fn:28]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":28,"text":"See https://www.ipcc.ch/assessment-report/ar6/."}],"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0098","docId":"crc-c-gc-26","idx":98,"n":98,"text":"When determining the appropriateness of their mitigation measures in accordance with the Convention, and also mindful of the need to prevent and address any potential adverse effects of those measures, States should take into account the following criteria: (a) Mitigation objectives and measures should clearly indicate how they respect, protect and fulfil children’s rights under the Convention. States should transparently and explicitly focus on children’s rights when preparing, communicating and updating nationally determined contributions.[[fn:29]] This obligation extends to other processes, including biennial transparency reports, international assessments and reviews and international consultations and analyses;[[fn:30]] (b) States have an individual responsibility to mitigate climate change in order to fulfil their obligations under the Convention and international environmental law, including the commitment contained in the Paris Agreement to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels by 2030.[[fn:31]] Mitigation measures should reflect each State party’s fair share of the global effort to mitigate climate change, in the light of the total reductions necessary to protect against continuing and worsening violations of children’s rights. Each State, and all States working together, should continuously strengthen climate commitments in line with the highest possible ambition and their common but differentiated responsibilities and respective capacities. High-income States should continue to take the lead by undertaking economy-wide absolute emission reduction targets, and all States should enhance their mitigation measures in the light of their different national circumstances in a manner that protects children’s rights to the maximum possible extent;[[fn:32]] (c) Successive mitigation measures and updated pledges should represent the efforts of States in a progression over time,[[fn:33]] keeping in mind that the time frame for preventing catastrophic climate change and harm to children’s rights is shorter and requires urgent action; (d) Short-term mitigation measures should take into consideration the fact that delaying a rapid phase out of fossil fuels will result in higher cumulative emissions and thereby greater foreseeable harm to children’s rights; (e) Mitigation measures cannot rely on removing greenhouse gases from the atmosphere in the future through unproven technologies. States should prioritize rapid and effective emissions reductions now in order to support children’s full enjoyment of their rights in the shortest possible period of time and to avoid irreversible damage to nature.[[fn:34]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":29,"text":"Paris Agreement, art. 4 (2)."},{"n":30,"text":"Ibid., art. 14 (4)."},{"n":31,"text":"Ibid., art. 2 (1) (a); and Sacchi et al. v. Argentina (CRC/C/88/D/104/2019), para. 10.6. See also Sacchi et al. v. Brazil (CRC/C/88/D/105/2019), Sacchi et al. v. France (CRC/C/88/D/106/2019) and Sacchi et al. v. Germany (CRC/C/88/D/107/2019) and Sacchi et al. v. Turkey (CRC/C/88/D/108/2019)."},{"n":32,"text":"Paris Agreement, art. 4 (4)."},{"n":33,"text":"Ibid., arts. 3 and 4 (3)."},{"n":34,"text":"United Nations Framework Convention on Climate Change, arts. 4 (1) (h)–(j) and (2) (b); and Paris Agreement, preamble and arts. 4 (8), 12 and 13."}],"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0099","docId":"crc-c-gc-26","idx":99,"n":99,"text":"99. States should discontinue subsidies to public or private actors for investments in activities and infrastructure that are inconsistent with low greenhouse gas emission pathways, as a mitigation measure to prevent further damage and risk.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0100","docId":"crc-c-gc-26","idx":100,"n":100,"text":"100. Developed States should assist developing countries in planning and implementing mitigation measures, in order to help children in vulnerable situations. The assistance could include providing financial and technical expertise and information and other capacity-building measures that specifically contribute to the prevention of harm to children caused by climate change.[[fn:35]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":35,"text":"Paris Agreement, art. 13 (9)."}],"section":["V. Climate change","A. Mitigation"]},{"id":"crc-c-gc-26-0101","docId":"crc-c-gc-26","idx":101,"n":101,"text":"101. Since climate change-related impacts on children’s rights are intensifying, a sharp and urgent increase in the design and implementation of child-sensitive, gender-responsive and disability-inclusive adaptation measures and associated resources is necessary. States should identify climate change-related vulnerabilities among children concerning the availability, quality, equity and sustainability of essential services for children, such as water and sanitation, health care, protection, nutrition and education. States should enhance the climate resilience of their legal and institutional frameworks and ensure that their national adaptation plans and existing social, environmental and budgetary policies address climate change-related risk factors by assisting children within their jurisdiction to adapt to the unavoidable effects of climate change. Examples of such measures include strengthening child protection systems in risk-prone contexts, providing adequate access to water, sanitation and health care, as well as safe school environments, and strengthening social safety nets and protection frameworks, while giving priority to children’s right to life, survival and development. Healthy ecosystems and biodiversity also play an important role in supporting resilience and disaster risk reduction.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","B. Adaptation"]},{"id":"crc-c-gc-26-0102","docId":"crc-c-gc-26","idx":102,"n":102,"text":"102. In adaptation measures, including disaster risk reduction, preparedness, response and recovery measures, due weight should be given to the views of children. Children should be equipped to understand the effects of climate-related decisions on their rights and have opportunities to meaningfully and effectively participate in decision-making processes. Neither the design nor the implementation of adaptation measures should discriminate against groups of children at heightened risk, such as young children, girls, children with disabilities, children in situations of migration, Indigenous children and children in situations of poverty or armed conflict. States should take additional measures to ensure that children in vulnerable situations affected by climate change enjoy their rights, including by addressing the underlying causes of vulnerability.","labels":["Indigenous peoples","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","B. Adaptation"]},{"id":"crc-c-gc-26-0103","docId":"crc-c-gc-26","idx":103,"n":103,"text":"103. Adaptation measures should be targeted at reducing both the short-term and the long-term impacts, such as by sustaining livelihoods, protecting schools and developing sustainable water management systems. Measures that are necessary to protect children’s rights to life and health from imminent threats, such as extreme weather events, include establishing early warning systems and increasing the physical safety and resilience of infrastructure, including school, water and sanitation and health infrastructure, to reduce the risk of climate change-related hazards. States should adopt emergency response plans, such as measures to provide inclusive early warning systems, humanitarian assistance and access to food and water and sanitation for all. In formulating adaptive measures, the relevant national and international standards, such as those contained in the Sendai Framework for Disaster Risk Reduction 2015–2030, should also be considered. Adaptation frameworks should address climate change-induced migration and displacement and include provisions for ensuring a child rights-based approach to these issues. In the event of imminent threats of climate change-related harm, such as extreme weather events, States should ensure the immediate dissemination of all information that would enable children and their caregivers and communities to take protective measures. States should strengthen awareness among children and their communities of disaster risk reduction and prevention measures.","labels":["Migrants","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","B. Adaptation"]},{"id":"crc-c-gc-26-0104","docId":"crc-c-gc-26","idx":104,"n":104,"text":"104. In the Paris Agreement, the parties addressed the importance of averting, minimizing and addressing loss and damage associated with the adverse impacts of climate change. Through a human rights lens, the adverse impacts of climate change have led to significant losses and damages, in particular for those in the developing world.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","C. Loss and damage"]},{"id":"crc-c-gc-26-0105","docId":"crc-c-gc-26","idx":105,"n":105,"text":"105. The manner in which climate-related loss and damage affect children and their rights may be both direct and indirect. Direct impacts include instances where both sudden-onset extreme weather events, such as floods and heavy rains, and slow-onset events, such as droughts, lead to the violation of rights under the Convention. Indirect impacts may include situations in which States, communities and parents are forced to reallocate resources away from intended programmes, such as those for education and health care, towards addressing environmental crises.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","C. Loss and damage"]},{"id":"crc-c-gc-26-0106","docId":"crc-c-gc-26","idx":106,"n":106,"text":"106. In this respect, it is critical to acknowledge loss and damage as a third pillar of climate action, along with mitigation and adaptation. States are encouraged to take note that, from a human rights perspective, loss and damage are closely related to the right to remedy and the principle of reparations, including restitution, compensation and rehabilitation.[[fn:36]] States should undertake measures, including through international cooperation, to provide financial and technical assistance for addressing loss and damage that have an impact on the enjoyment of the rights under the Convention.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":36,"text":"A/77/226, para. 26."}],"section":["V. Climate change","C. Loss and damage"]},{"id":"crc-c-gc-26-0107","docId":"crc-c-gc-26","idx":107,"n":107,"text":"107. States must take all necessary, appropriate and reasonable measures to protect against harms to children’s rights related to climate change that are caused or perpetuated by business enterprises, while businesses have the responsibility to respect children’s rights in relation to climate change. States should ensure that businesses rapidly reduce their emissions and should require businesses, including financial institutions, to conduct environmental impact assessments and children’s rights due diligence procedures to ensure that they identify, prevent, mitigate and account for how they address actual and potential adverse climate change-related impacts on children’s rights, including those resulting from production-related and consumption-related activities and those connected to their value chains and global operations.[[fn:37]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":37,"text":"General comment No. 16 (2013), para. 62."}],"section":["V. Climate change","D. Business and climate change"]},{"id":"crc-c-gc-26-0108","docId":"crc-c-gc-26","idx":108,"n":108,"text":"108. Home States have obligations to address any harm and climate change-related risks to children’s rights in the context of business enterprises’ extraterritorial activities and operations, provided that there is a reasonable link between the State and the conduct concerned, and should enable access to effective remedies for rights violations. This includes cooperation to ensure the compliance of business enterprises operating transnationally with applicable environmental standards aimed at protecting children’s rights from climate change-related harm and the provision of international assistance and cooperation with investigations and enforcement of proceedings in other States.[[fn:38]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":38,"text":"Ibid., paras. 43 and 44."}],"section":["V. Climate change","D. Business and climate change"]},{"id":"crc-c-gc-26-0109","docId":"crc-c-gc-26","idx":109,"n":109,"text":"109. States should incentivize sustainable investment in and use of renewable energy, energy storage and energy efficiency, in particular by State-owned or controlled enterprises and those that receive substantial support and services from State agencies. States should enforce progressive taxation schemes and adopt strict sustainability requirements for public procurement contracts.[[fn:39]] States can also encourage community control over the generation, management, transmission and distribution of energy to increase access to and the affordability of renewable technology and the provision of sustainable energy products and services, in particular at the community level.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":39,"text":"Ibid., para. 27."}],"section":["V. Climate change","D. Business and climate change"]},{"id":"crc-c-gc-26-0110","docId":"crc-c-gc-26","idx":110,"n":110,"text":"110. States should ensure that their obligations under trade or investment agreements do not impede their ability to meet their human rights obligations and that such agreements promote rapid reductions in greenhouse gas emissions and other measures to mitigate the causes and effects of climate change, including through the facilitation of investment in renewable energy.[[fn:40]] The climate change-related impacts on children’s rights connected to the implementation of the agreements should be regularly assessed, allowing for corrective measures, as appropriate.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":40,"text":"Committee on Economic, Social and Cultural Rights general comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities, para. 13."}],"section":["V. Climate change","D. Business and climate change"]},{"id":"crc-c-gc-26-0111","docId":"crc-c-gc-26","idx":111,"n":111,"text":"111. Both international climate finance providers and recipient States should ensure that climate finance mechanisms are anchored in a child rights-based approach aligned with the Convention and the Optional Protocols thereto. States should ensure that any climate finance mechanisms uphold and do not violate children’s rights, increase policy coherence between children’s rights obligations and other objectives, such as economic development, and strengthen the demarcation of roles of various stakeholders in climate finance, such as Governments, financial institutions, including banks, businesses and affected communities, especially children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","E. Climate finance"]},{"id":"crc-c-gc-26-0112","docId":"crc-c-gc-26","idx":112,"n":112,"text":"112. In line with the principle of common but differentiated responsibilities and respective capabilities, States’ national circumstances need to be taken into account in efforts to address climate change. Developed States should cooperate with developing States in providing climate finance for climate action that upholds children’s rights, in line with the international climate-related commitments that States have made. In particular, despite the link between various financing mechanisms, including on sustainable development, climate finance provided by developed States should be transparent, additional to other financial flows that support children’s rights and properly accounted for, including by avoiding tracking challenges such as double counting.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","E. Climate finance"]},{"id":"crc-c-gc-26-0113","docId":"crc-c-gc-26","idx":113,"n":113,"text":"113. Developed States need to urgently and collectively address the current climate finance gap. The current distribution of climate finance, which is overly slanted towards mitigation at the cost of adaptation and loss and damage measures, has discriminatory effects on children who reside in settings where more adaptation measures are needed and children who are confronted with the limitations of adaptation. States should bridge the global climate finance gap and ensure that measures are financed in a balanced manner with consideration given to measures on adaptation, mitigation, loss and damage and broader means of implementation, such as technical assistance and capacity-building. The determination by States of the total global climate finance required should be informed by the documented needs of communities, especially to protect children and their rights. Climate finance provided to developing countries should be in the form of grants, rather than loans, to avoid negative impacts on children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","E. Climate finance"]},{"id":"crc-c-gc-26-0114","docId":"crc-c-gc-26","idx":114,"n":114,"text":"114. States should ensure and facilitate access for affected communities, especially children, to information on activities supported by climate finance, including possibilities to lodge complaints alleging violations of children’s rights. States should devolve decision-making on climate finance to strengthen the participation of beneficiary communities, especially children, and make the approval and execution of climate finance subject to a child rights impact assessment to prevent and address the financing of measures that could lead to the violation of children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"section":["V. Climate change","E. Climate finance"]},{"id":"crc-c-gc-26-0115","docId":"crc-c-gc-26","idx":115,"n":115,"text":"115. Children are calling for the collective action of States. According to two children consulted for the present general comment: “The Governments of each country should cooperate to reduce climate change.” “They need to acknowledge us and say, ‘we hear you; here is what we are going to do about this problem’.”[[fn:41]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2023,"footnotes":[{"n":41,"text":"See https://childrightsenvironment.org/reports/."}],"section":["V. Climate change","E. Climate finance"]},{"id":"crc-gc-2003-3-0001","docId":"crc-gc-2003-3","idx":1,"n":1,"text":"1. The HIV/AIDS epidemic has drastically changed the world in which children live. Millions of children have been infected and have died and many more are gravely affected as HIV spreads through their families and communities. The epidemic impacts on the daily life of younger children, and increases the victimization and marginalization of children, especially those living in particularly difficult circumstances. HIV/AIDS is not a problem of some countries but of the entire world. To truly bring its impact on children under control will require concerted and well-targeted efforts from all countries at all stages of development.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-3-0002","docId":"crc-gc-2003-3","idx":2,"n":2,"text":"2. Initially children were considered to be only marginally affected by the epidemic. However, the international community has discovered that, unfortunately, children are at the heart of the problem. According to the Joint United Nations Programme on HIV/AIDS (UNAIDS), the most recent trends are alarming: in most parts of the world the majority of new infections are among young people between the ages of 15 and 24, sometimes younger. Women, including young girls, are also increasingly becoming infected. In most regions of the world, the vast majority of infected women do not know that they are infected and may unknowingly infect their children. Consequently, many States have recently registered an increase in their infant and child mortality rates. Adolescents are also vulnerable to HIV/AIDS because their first sexual experience may take place in an environment in which they have no access to proper information and guidance. Children who use drugs are at high risk.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-3-0003","docId":"crc-gc-2003-3","idx":3,"n":3,"text":"3. Yet, all children can be rendered vulnerable by the particular circumstances of their lives, especially (a) children who are themselves HIV-infected; (b) children who are affected by the epidemic because of the loss of a parental caregiver or teacher and/or because their families or communities are severely strained by its consequences; and (c) children who are most prone to be infected or affected.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-3-0004","docId":"crc-gc-2003-3","idx":4,"n":4,"text":"The objectives of the present General Comment are: (a)To identify further and strengthen understanding of all the human rights of children in the context of HIV/AIDS; (b)To promote the realization of the human rights of children in the context of HIV/AIDS, as guaranteed under the Convention on the Rights of the Child (hereafter “the Convention”); (c)To identify measures and good practices to increase the level of implementation by States of the rights related to the prevention of HIV/AIDS and the support, care and protection of children infected with or affected by this pandemic; (d)To contribute to the formulation and promotion of child-oriented plans of action, strategies, laws, polices and programmes to combat the spread and mitigate the impact of HIV/AIDS at the national and international levels.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. THE OBJECTIVES OF THE PRESENT GENERAL COMMENT"]},{"id":"crc-gc-2003-3-0005","docId":"crc-gc-2003-3","idx":5,"n":5,"text":"5. The issue of children and HIV/AIDS is perceived as mainly a medical or health problem, although in reality it involves a much wider range of issues. In this regard, the right to health (article 24 of the Convention) is, however, central. But HIV/AIDS impacts so heavily on the lives of all children that it affects all their rights - civil, political, economic, social and cultural. The rights embodied in the general principles of the Convention - the right to nondiscrimination (art. 2), the right of the child to have his/her interest as a primary consideration (art. 3), the right to life, survival and development (art. 6) and the right to have his/her views respected (art. 12) - should therefore be the guiding themes in the consideration of HIV/AIDS at all levels of prevention, treatment, care and support.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-3-0006","docId":"crc-gc-2003-3","idx":6,"n":6,"text":"6. Adequate measures to address HIV/AIDS can be undertaken only if the rights of children and adolescents are fully respected. The most relevant rights in this regard, in addition to those enumerated in paragraph 5 above, are the following: the right to access information and material aimed at the promotion of their social, spiritual and moral wellbeing and physical and mental health (art. 17); the right to preventive health care, sex education and family planning education and services (art. 24 (f)); the right to an appropriate standard of living (art. 27); the right to privacy (art. 16); the right not to be separated from parents (art. 9); the right to be protected from violence (art. 19); the right to special protection and assistance by the State (art. 20); the rights of children with disabilities (art. 23); the right to health (art. 24); the right to social security, including social insurance (art. 26); the right to education and leisure (arts. 28 and 31); the right to be protected from economic and sexual exploitation and abuse, and from illicit use of narcotic drugs (arts. 32, 33, 34 and 36); the right to be protected from abduction, sale and trafficking as well as torture or other cruel, inhuman or degrading treatment or punishment (arts. 35 and 37); and the right to physical and psychological recovery and social reintegration (art. 39). Children are confronted with serious challenges to the above-mentioned rights as a result of the epidemic. The Convention, and in particular the four general principles with their comprehensive approach, provide a powerful framework for efforts to reduce the negative impact of the pandemic on the lives of children. The holistic rights-based approach required to implement the Convention is the optimal tool for addressing the broader range of issues that relate to prevention, treatment and care efforts.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"16","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"26","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-3-0007","docId":"crc-gc-2003-3","idx":7,"n":7,"text":"7. Discrimination is responsible for heightening the vulnerability of children to HIV and AIDS, as well as seriously impacting the lives of children who are affected by HIV/AIDS, or are themselves HIV infected. Girls and boys of parents living with HIV/AIDS are often victims of stigma and discrimination as they too are often assumed to be infected. As a result of discrimination, children are denied access to information, education (see the Committee’s General Comment No. 1 on the aims of education), health or social care services or community life. At its extreme, discrimination against HIVinfected children has resulted in their abandonment by their family, community and/or society. Discrimination also fuels the epidemic by making children in particular those belonging to certain groups like children living in remote or rural areas where services are less accessible, more vulnerable to infection. These children are thus doubly victimized.","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","A. The right to non-discrimination (art. 2)"]},{"id":"crc-gc-2003-3-0008","docId":"crc-gc-2003-3","idx":8,"n":8,"text":"8. Of particular concern is genderbased discrimination combined with taboos or negative or judgemental attitudes to sexual activity of girls, often limiting their access to preventive measures and other services. Of concern also is discrimination based on sexual orientation. In the design of HIV/AIDS-related strategies, and in keeping with their obligations under the Convention, States parties must give careful consideration to prescribed gender norms within their societies with a view to eliminating gender-based discrimination as these norms impact on the vulnerability of both girls and boys to HIV/AIDS. States parties should, in particular, recognize that discrimination in the context of HIV/AIDS often impacts girls more severely than boys.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","A. The right to non-discrimination (art. 2)"]},{"id":"crc-gc-2003-3-0009","docId":"crc-gc-2003-3","idx":9,"n":9,"text":"9. All the above-mentioned discriminatory practices are violations of children’s rights under the Convention. Article 2 of the Convention obliges States parties to ensure all the rights set forth in the Convention without discrimination of any kind, “irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status”. The Committee interprets “other status” under article 2 of the Convention to include HIV/AIDS status of the child or his/her parent(s). Laws, policies, strategies and practices should address all forms of discrimination that contribute to increasing the impact of the epidemic. Strategies should also promote education and training programmes explicitly designed to change attitudes of discrimination and stigmatization associated with HIV/AIDS.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","A. The right to non-discrimination (art. 2)"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2003-3-0010","docId":"crc-gc-2003-3","idx":10,"n":10,"text":"10. Policies and programmes for the prevention, care and treatment of HIV/AIDS have generally been designed for adults with scarce attention to the principle of the best interests of the child as a primary consideration. Article 3, paragraph 1, of the Convention states “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. The obligations attached to this right are fundamental to guiding the action of States in relation to HIV/AIDS. The child should be placed at the centre of the response to the pandemic, and strategies should be adapted to children’s rights and needs.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","B. Best interests of the child (art. 3)"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-gc-2003-3-0011","docId":"crc-gc-2003-3","idx":11,"n":11,"text":"11. Children have the right not to have their lives arbitrarily taken, as well as to benefit from economic and social policies that will allow them to survive into adulthood and develop in the broadest sense of the word. State obligation to realize the right to life, survival and development also highlights the need to give careful attention to sexuality as well as to the behaviours and lifestyles of children, even if they do not conform with what society determines to be acceptable under prevailing cultural norms for a particular age group. In this regard, the female child is often subject to harmful traditional practices, such as early and/or forced marriage, which violate her rights and make her more vulnerable to HIV infection, including because such practices often interrupt access to education and information. Effective prevention programmes are only those that acknowledge the realities of the lives of adolescents, while addressing sexuality by ensuring equal access to appropriate information, life skills, and to preventive measures.","labels":["Women/girls","Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","C. The right to life, survival and development (art. 6)"]},{"id":"crc-gc-2003-3-0012","docId":"crc-gc-2003-3","idx":12,"n":12,"text":"12. Children are rights holders and have a right to participate, in accordance with their evolving capacities, in raising awareness by speaking out about the impact of HIV/AIDS on their lives and in the development of HIV/AIDS policies and programmes. Interventions have been found to benefit children most when they are actively involved in assessing needs, devising solutions, shaping strategies and carrying them out rather than being seen as objects for whom decisions are made. In this regard, the participation of children as peer educators, both within and outside schools, should be actively promoted. States, international agencies and nongovernmental organizations must provide children with a supportive and enabling environment to carry out their own initiatives, and to fully participate at both community and national levels in HIV policy and programme conceptualization, design, implementation, coordination, monitoring and review. A variety of approaches are likely to be necessary to ensure the participation of children from all sectors of society, including mechanisms which encourage children, consistent with their evolving capacities, to express their views, have them heard, and given due weight in accordance with their age and maturity (art. 12, para. 1). Where appropriate, the involvement of children living with HIV/AIDS in raising awareness, by sharing their experiences with their peers and others, is critical both to effective prevention and to reducing stigmatization and discrimination. States parties must ensure that children who participate in these awareness-raising efforts do so voluntarily, after being counselled, and that they receive both the social support and legal protection to allow them to lead normal lives during and after their involvement.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","D. The right to express views and have them taken into account (art. 12)"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-3-0013","docId":"crc-gc-2003-3","idx":13,"n":13,"text":"13. Experience has shown that many obstacles hinder effective prevention, delivery of care services and support for community initiatives on HIV/AIDS. These are mainly cultural, structural and financial. Denying that a problem exists, cultural practices and attitudes, including taboos and stigmatization, poverty and patronizing attitudes towards children are just some of the obstacles that may block the political and individual commitment needed for effective programmes.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","E. Obstacles"]},{"id":"crc-gc-2003-3-0014","docId":"crc-gc-2003-3","idx":14,"n":14,"text":"14. With regard to financial, technical and human resources, the Committee is aware that such resources may not be immediately available. However, concerning this obstacle, the Committee wishes to remind States parties of their obligations under article 4. It further notes that resource constraints should not be used by States parties to justify their failure to take any or enough of the technical or financial measures required. Finally, the Committee wishes to emphasize in this regard the essential role of international cooperation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. THE CONVENTION’S PERSPECTIVES ON HIV/AIDS: THE HOLISTIC CHILD RIGHTS-BASED APPROACH","E. Obstacles"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2003-3-0015","docId":"crc-gc-2003-3","idx":15,"n":15,"text":"15. The Committee wishes to stress that prevention, care, treatment and support are mutually reinforcing elements and provide a continuum within an effective response to HIV/AIDS.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT"]},{"id":"crc-gc-2003-3-0016","docId":"crc-gc-2003-3","idx":16,"n":16,"text":"16. Consistent with the obligations of States parties in relation to the rights to health and information (arts. 24, 13 and 17), children should have the right to access adequate information related to HIV/AIDS prevention and care, through formal channels (e.g. through educational opportunities and child-targeted media) as well as informal channels (e.g. those targeting street children, institutionalized children or children living in difficult circumstances). States parties are reminded that children require relevant, appropriate and timely information which recognizes the differences in levels of understanding among them, is tailored appropriately to age level and capacity and enables them to deal positively and responsibly with their sexuality in order to protect themselves from HIV infection. The Committee wishes to emphasize that effective HIV/AIDS prevention requires States to refrain from censoring, withholding or intentionally misrepresenting health-related information, including sexual education and information, and that, consistent with their obligations to ensure the right to life, survival and development of the child (art. 6), States parties must ensure that children have the ability to acquire the knowledge and skills to protect themselves and others as they begin to express their sexuality.","labels":["Children","Persons in street situations","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","A. Information on HIV prevention and awareness-raising"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-gc-2003-3-0017","docId":"crc-gc-2003-3","idx":17,"n":17,"text":"17. Dialogue with community, family and peer counsellors, and the provision of “life skills” education within schools, including skills in communicating on sexuality and healthy living, have been found to be useful approaches to delivering HIV prevention messages to both girls and boys, but different approaches may be necessary to reach different groups of children. States parties must make efforts to address gender differences as they may impact on the access children have to prevention messages, and ensure that children are reached with appropriate prevention messages even if they face constraints due to language, religion, disability or other factors of discrimination. Particular attention must be paid to raising awareness among hardtoreach populations. In this respect, the role of the mass media and/or oral tradition in ensuring that children have access to information and material, as recognized in article 17 of the Convention, is crucial both to providing appropriate information and to reducing stigmatization and discrimination. States parties should support the regular monitoring and evaluation of HIV/AIDS awareness campaigns to ascertain their effectiveness in providing information, reducing ignorance, stigmatization and discrimination, as well as addressing fear and misperceptions concerning HIV and its transmission among children, including adolescents.","labels":["Women/girls","Children","Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","A. Information on HIV prevention and awareness-raising"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-gc-2003-3-0018","docId":"crc-gc-2003-3","idx":18,"n":18,"text":"18. Education plays a critical role in providing children with relevant and appropriate information on HIV/AIDS, which can contribute to increased awareness and better understanding of this pandemic and prevent negative attitudes towards victims of HIV/AIDS (see also the Committee’s General Comment No. 1 on the aims of education). Furthermore, education can and should empower children to protect themselves from the risk of HIV infection. In this regard, the Committee wishes to remind States parties of their obligation to ensure that primary education is available to all children, whether infected, orphaned or otherwise affected by HIV/AIDS. In many communities where HIV has spread widely, children from affected families, in particular girls, are facing serious difficulties staying in school and the number of teachers and other school employees lost to AIDS is limiting and threatening to destroy the ability of children to access education. States parties must make adequate provision to ensure that children affected by HIV/AIDS can stay in school and ensure the qualified replacement of sick teachers so that children’s regular attendance at schools is not affected, and that the right to education (art. 28) of all children living within these communities is fully protected.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","B. The role of education"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-gc-2003-3-0019","docId":"crc-gc-2003-3","idx":19,"n":19,"text":"19. States parties must make every effort to ensure that schools are safe places for children, which offer them security and do not contribute to their vulnerability to HIV infection. In accordance with article 34 of the Convention, States parties are under obligation to take all appropriate measures to prevent, inter alia, the inducement or coercion of a child to engage in any unlawful sexual activity.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","B. The role of education"],"citedArticles":[{"treaty":"CRC","article":"34","source":"regex"}]},{"id":"crc-gc-2003-3-0020","docId":"crc-gc-2003-3","idx":20,"n":20,"text":"20. The Committee is concerned that health services are generally still insufficiently responsive to the needs of children under 18 years of age, in particular adolescents. As the Committee has noted on numerous occasions, children are more likely to use services that are friendly and supportive, provide a wide range of services and information, are geared to their needs, give them the opportunity to participate in decisions affecting their health, are accessible, affordable, confidential and non-judgemental, do not require parental consent and are not discriminatory. In the context of HIV/AIDS and taking into account the evolving capacities of the child, States parties are encouraged to ensure that health services employ trained personnel who fully respect the rights of children to privacy (art. 16) and non-discrimination in offering them access to HIVrelated information, voluntary counselling and testing, knowledge of their HIV status, confidential sexual and reproductive health services, and free or lowcost contraceptive, methods and services, as well as HIV-related care and treatment if and when needed, including for the prevention and treatment of health problems related to HIV/AIDS, e.g. tuberculosis and opportunistic infections.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","C. Child and adolescent sensitive health services"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2003-3-0021","docId":"crc-gc-2003-3","idx":21,"n":21,"text":"21. In some countries, even when child- and adolescent-friendly HIV-related services are available, they are not sufficiently accessible to children with disabilities, indigenous children, children belonging to minorities, children living in rural areas, children living in extreme poverty or children who are otherwise marginalized within the society. In others, where the health system’s overall capacity is already strained, children with HIV have been routinely denied access to basic health care. States parties must ensure that services are provided to the maximum extent possible to all children living within their borders, without discrimination, and that they sufficiently take into account differences in gender, age and the social, economic, cultural and political context in which children live.","labels":["Indigenous peoples","Children","Persons living with HIV/AIDS","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","C. Child and adolescent sensitive health services"]},{"id":"crc-gc-2003-3-0022","docId":"crc-gc-2003-3","idx":22,"n":22,"text":"22. The accessibility of voluntary, confidential HIV counselling and testing services, with due attention to the evolving capacities of the child, is fundamental to the rights and health of children. Such services are critical to children’s ability to reduce the risk of contracting or transmitting HIV, to access HIV-specific care, treatment and support, and to better plan for their futures. Consistent with their obligation under article 24 of the Convention to ensure that no child is deprived of his or her right of access to necessary health services, States parties should ensure access to voluntary, confidential HIV counselling and testing for all children.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","D. HIV counselling and testing"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2003-3-0023","docId":"crc-gc-2003-3","idx":23,"n":23,"text":"23. The Committee wishes to stress that, as the duty of States parties is first and foremost to ensure that the rights of the child are protected, States parties must refrain from imposing mandatory HIV/AIDS testing of children in all circumstances and ensure protection against it. While the evolving capacities of the child will determine whether consent is required from him or her directly or from his or her parent or guardian, in all cases, consistent with the child’s right to receive information under articles 13 and 17 of the Convention, States parties must ensure that, prior to any HIV testing, whether by health-care providers in relation to children who are accessing health services for another medical condition or otherwise, the risks and benefits of such testing are sufficiently conveyed so that an informed decision can be made.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","D. HIV counselling and testing"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-gc-2003-3-0024","docId":"crc-gc-2003-3","idx":24,"n":24,"text":"24. States parties must protect the confidentiality of HIV test results, consistent with the obligation to protect the right to privacy of children (art. 16), including within health and social welfare settings, and information on the HIV status of children may not be disclosed to third parties, including parents, without the child’s consent.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","D. HIV counselling and testing"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2003-3-0025","docId":"crc-gc-2003-3","idx":25,"n":25,"text":"25. Mother-to-child transmission (MTCT) is responsible for the majority of HIV infections in infants and young children. Infants and young children can be infected with HIV during pregnancy, labour and delivery, and through breastfeeding. States parties are requested to ensure implementation of the strategies recommended by the United Nations agencies to prevent HIV infection in infants and young children. These include: (a) the primary prevention of HIV infection among parents-to-be; (b) the prevention of unintended pregnancies in HIV-infected women, (c) the prevention of HIV transmission from HIV-infected women to their infants; and (d) the provision of care, treatment and support to HIV-infected women, their infants and families.","labels":["Women/girls","Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","E. Mother-to-child transmission"]},{"id":"crc-gc-2003-3-0026","docId":"crc-gc-2003-3","idx":26,"n":26,"text":"26. To prevent MTCT of HIV, States parties must take steps, including the provision of essential drugs, e.g. anti-retroviral drugs, appropriate antenatal, delivery and post-partum care, and making HIV voluntary counselling and testing services available to pregnant women and their partners. The Committee recognizes that anti-retroviral drugs administered to a woman during pregnancy and/or labour and, in some regimens, to her infant, have been shown to significantly reduce the risk of transmission from mother to child. However, in addition, States parties should provide support for mothers and children, including counselling on infant feeding options. States parties are reminded that counselling of HIV-positive mothers should include information about the risks and benefits of different infant feeding options, and guidance on selecting the option most likely to be suitable for their situation. Follow-up support is also required in order for women to be able to implement their selected option as safely as possible.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","E. Mother-to-child transmission"]},{"id":"crc-gc-2003-3-0027","docId":"crc-gc-2003-3","idx":27,"n":27,"text":"27. Even in populations with high HIV prevalence, the majority of infants are born to women who are not HIV-infected. For the infants of HIV-negative women and women who do not know their HIV status, the Committee wishes to emphasize, consistent with articles 6 and 24 of the Convention, that breastfeeding remains the best feeding choice. For the infants of HIVpositive mothers, available evidence indicates that breastfeeding can add to the risk of HIV transmission by 10-20 per cent, but that lack of breastfeeding can expose children to an increased risk of malnutrition or infectious diseases other than HIV. United Nations agencies have recommended that, where replacement feeding is affordable, feasible, acceptable, sustainable and safe, avoidance of all breastfeeding by HIV-infected mothers is recommended; otherwise, exclusive breastfeeding is recommended during the first months of life and should then be discontinued as soon as it is feasible.","labels":["Women/girls","Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","E. Mother-to-child transmission"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2003-3-0028","docId":"crc-gc-2003-3","idx":28,"n":28,"text":"28. The obligations of States parties under the Convention extend to ensuring that children have sustained and equal access to comprehensive treatment and care, including necessary HIVrelated drugs, goods and services on a basis of non-discrimination. It is now widely recognized that comprehensive treatment and care includes anti-retroviral and other drugs, diagnostics and related technologies for the care of HIV/AIDS, related opportunistic infections and other conditions, good nutrition, and social, spiritual and psychological support, as well as family, community and home-based care. In this regard, States parties should negotiate with the pharmaceutical industry in order to make the necessary medicines locally available at the lowest costs possible. Furthermore, States parties are requested to affirm, support and facilitate the involvement of communities in the provision of comprehensive HIV/AIDS treatment, care and support, while at the same time complying with their own obligations under the Convention. States parties are called upon to pay special attention to addressing those factors within their societies that hinder equal access to treatment, care and support for all children.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","F. Treatment and care"]},{"id":"crc-gc-2003-3-0029","docId":"crc-gc-2003-3","idx":29,"n":29,"text":"29. Consistent with article 24 of the Convention, States parties must ensure that HIV/AIDS research programmes include specific studies that contribute to effective prevention, care, treatment and impact reduction for children. States parties must, nonetheless, ensure that children do not serve as research subjects until an intervention has already been thoroughly tested on adults. Rights and ethical concerns have arisen in relation to HIV/AIDS biomedical research, HIV/ADS operations, and social, cultural and behavioural research. Children have been subjected to unnecessary or inappropriately designed research with little or no voice to either refuse or consent to participation. In line with the child’s evolving capacities, consent of the child should be sought and consent may be sought from parents or guardians if necessary, but in all cases consent must be based on full disclosure of the risks and benefits of research to the child. States parties are further reminded to ensure that the privacy rights of children, in line with their obligations under article 16 of the Convention, are not inadvertently violated through the research process and that personal information about children, which is accessed through research, is, under no circumstances, used for purposes other than that for which consent was given. States parties must make every effort to ensure that children and, according to their evolving capacities, their parents and/or their guardians participate in decisions on research priorities and that a supportive environment is created for children who participate in such research.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. PREVENTION, CARE, TREATMENT AND SUPPORT","G. Involvement of children in research"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2003-3-0030","docId":"crc-gc-2003-3","idx":30,"n":30,"text":"The vulnerability of children to HIV/AIDS resulting from political, economic, social, cultural and other factors determines the likelihood of their being left with insufficient support to cope with the impact of HIV/AIDS on their families and communities, exposed to the risk of infection, subjected to inappropriate research, or deprived of access to treatment, care and support if and when HIV infection sets in. Vulnerability to HIV/AIDS is most acute for children living in refugee and internally displaced persons camps, children in detention, children living in institutions, as well as children living in extreme poverty, children living in situations of armed conflict, child soldiers, economically and sexually exploited children, and disabled, migrant, minority, indigenous, and street children. However, all children can be rendered vulnerable by the particular circumstances of their lives. Even in times of severe resource constraints, the Committee wishes to note that the rights of vulnerable members of society must be protected and that many measures can be pursued with minimum resource implications. Reducing vulnerability to HIV/AIDS requires first and foremost that children, their families and communities be empowered to make informed choices about decisions, practices or policies affecting them in relation to HIV/AIDS.","labels":["Refugees & asylum-seekers","Children","Persons in street situations","Persons living with HIV/AIDS","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION"]},{"id":"crc-gc-2003-3-0031","docId":"crc-gc-2003-3","idx":31,"n":31,"text":"31. Special attention must be given to children orphaned by AIDS and to children from affected families, including child-headed households, as these impact on vulnerability to HIV infection. For children from families affected by HIV/AIDS, the stigmatization and social isolation they experience may be accentuated by the neglect or violation of their rights, in particular discrimination resulting in a decrease or loss of access to education, health and social services. The Committee wishes to underline the necessity of providing legal, economic and social protection to affected children to ensure their access to education, inheritance, shelter and health and social services, as well as to make them feel secure in disclosing their HIV status and that of their family members when the children deem it appropriate. In this respect, States parties are reminded that these measures are critical to the realization of the rights of children and to giving them the skills and support necessary to reduce their vulnerability and risk of becoming infected.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","A. Children affected and orphaned by HIV/AIDS"]},{"id":"crc-gc-2003-3-0032","docId":"crc-gc-2003-3","idx":32,"n":32,"text":"32. The Committee wishes to emphasize the critical implications of proof of identity for children affected by HIV/AIDS, as it relates to securing recognition as a person before the law, safeguarding the protection of rights, in particular to inheritance, education, health and other social services, as well as to making children less vulnerable to abuse and exploitation, particularly if separated from their families due to illness or death. In this respect, birth registration is critical to ensuring the rights of the child and is also necessary to minimize the impact of HIV/AIDS on the lives of affected children. States parties are, therefore, reminded of their obligation under article 7 of the Convention to ensure that systems are in place for the registration of every child at or immediately after birth.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","A. Children affected and orphaned by HIV/AIDS"],"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"}]},{"id":"crc-gc-2003-3-0033","docId":"crc-gc-2003-3","idx":33,"n":33,"text":"33. The trauma HIV/AIDS brings to the lives of orphans often begins with the illness and death of one of their parents, and is frequently compounded by the effects of stigmatization and discrimination. In this respect, States parties are particularly reminded to ensure that both law and practice support the inheritance and property rights of orphans, with particular attention to the underlying gender-based discrimination which may interfere with the fulfilment of these rights. Consistent with their obligations under article 27 of the Convention, States parties must also support and strengthen the capacity of families and communities of children orphaned by AIDS to provide them with a standard of living adequate for their physical, mental, spiritual, moral, economic and social development, including access to psychosocial care, as needed.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","A. Children affected and orphaned by HIV/AIDS"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-gc-2003-3-0034","docId":"crc-gc-2003-3","idx":34,"n":34,"text":"34. Orphans are best protected and cared for when efforts are made to enable siblings to remain together, and in the care of relatives or family members. The extended family, with the support of the surrounding community, may be the least traumatic and therefore the best way to care for orphans when there are no other feasible alternatives. Assistance must be provided so that, to the maximum extent possible, children can remain within existing family structures. This option may not be available due to the impact HIV/AIDS has on the extended family. In that case, States parties should provide, as far as possible, for family-type alternative care (e.g. foster care). States parties are encouraged to provide support, financial and otherwise, when necessary, to child-headed households. States parties must ensure that their strategies recognize that communities are at the front line of the response to HIV/AIDS and that these strategies are designed to assist communities in determining how best to provide support to the orphans living there.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","A. Children affected and orphaned by HIV/AIDS"]},{"id":"crc-gc-2003-3-0035","docId":"crc-gc-2003-3","idx":35,"n":35,"text":"35. Although institutionalized care may have detrimental effects on child development, States parties may, nonetheless, determine that it has an interim role to play in caring for children orphaned by HIV/AIDS when family-based care within their own communities is not a possibility. It is the opinion of the Committee that any form of institutionalized care for children should only serve as a measure of last resort, and that measures must be fully in place to protect the rights of the child and guard against all forms of abuse and exploitation. In keeping with the right of children to special protection and assistance when within these environments, and consistent with articles 3, 20 and 25 of the Convention, strict measures are needed to ensure that such institutions meet specific standards of care and comply with legal protection safeguards. States parties are reminded that limits must be placed on the length of time children spend in these institutions, and programmes must be developed to support any children who stay in these institutions, whether infected or affected by HIV/AIDS, to successfully reintegrate them into their communities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","A. Children affected and orphaned by HIV/AIDS"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"},{"treaty":"CRC","article":"25","source":"regex"}]},{"id":"crc-gc-2003-3-0036","docId":"crc-gc-2003-3","idx":36,"n":36,"text":"36. Girls and boys who are deprived of the means of survival and development, particularly children orphaned by AIDS, may be subjected to sexual and economic exploitation in a variety of ways, including the exchange of sexual services or hazardous work for money to survive, support their sick or dying parents and younger siblings, or to pay for school fees. Children who are infected or directly affected by HIV/AIDS may find themselves at a double disadvantage - experiencing discrimination on the basis of both their social and economic marginalization and their, or their parents’, HIV status. Consistent with the right of children under articles 32, 34, 35 and 36 of the Convention, and in order to reduce children’s vulnerability to HIV/AIDS, States parties are under obligation to protect children from all forms of economic and sexual exploitation, including ensuring they do not fall prey to prostitution networks, and that they are protected from performing any work likely to be prejudicial to, or to interfere with, their education, health, or physical, mental, spiritual, moral or social development. States parties must take bold action to protect children from sexual and economic exploitation, trafficking and sale and, consistent with the rights under article 39, create opportunities for those who have been subjected to such treatment to benefit from the support and caring services of the State and nongovernmental entities engaged in these issues.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","B. Victims of sexual and economic exploitation"],"citedArticles":[{"treaty":"CRC","article":"32","source":"regex"},{"treaty":"CRC","article":"34","source":"regex"},{"treaty":"CRC","article":"35","source":"regex"},{"treaty":"CRC","article":"36","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-3-0037","docId":"crc-gc-2003-3","idx":37,"n":37,"text":"37. Children may be exposed to various forms of violence and abuse which may increase the risk of their becoming HIV-infected, and may also be subjected to violence as a result of their being infected or affected by HIV/AIDS. Violence, including rape and other forms of sexual abuse, can occur in the family or foster setting or may be perpetrated by those with specific responsibilities towards children, including teachers and employees of institutions working with children, such as prisons and institutions concerned with mental health and other disabilities. In keeping with the rights of the child set forth in article 19 of the Convention, States parties have the obligation to protect children from all forms of violence and abuse, whether at home, in school or other institutions, or in the community.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","C. Victims of violence and abuse"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-gc-2003-3-0038","docId":"crc-gc-2003-3","idx":38,"n":38,"text":"38. Programmes must be specifically adapted to the environment in which children live, to their ability to recognize and report abuses and to their individual capacity and autonomy. The Committee considers that the relationship between HIV/AIDS and the violence or abuse suffered by children in the context of war and armed conflict requires specific attention. Measures to prevent violence and abuse in these situations are critical, and States parties must ensure the incorporation of HIV/AIDS and child rights issues in addressing and supporting children - girls and boys - who were used by military or other uniformed personnel to provide domestic help or sexual services, or who are internally displaced or living in refugee camps. In keeping with States parties’ obligations, including under articles 38 and 39 of the Convention, active information campaigns, combined with the counselling of children and mechanisms for the prevention and early detection of violence and abuse, must be put in place within conflict- and disaster-affected regions, and must form part of national and community responses to HIV/AIDS.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","C. Victims of violence and abuse"],"citedArticles":[{"treaty":"CRC","article":"38","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-3-0039","docId":"crc-gc-2003-3","idx":39,"n":39,"text":"39. The use of substances, including alcohol and drugs, may reduce the ability of children to exert control over their sexual conduct and, as a result, may increase their vulnerability to HIV infection. Injecting practices using unsterilized instruments further increase the risk of HIV transmission. The Committee notes that greater understanding of substance use behaviours among children is needed, including the impact that neglect and violation of the rights of the child has on these behaviours. In most countries, children have not benefited from pragmatic HIV prevention programmes related to substance use, which even when they do exist have largely targeted adults. The Committee wishes to emphasize that policies and programmes aimed at reducing substance use and HIV transmission must recognize the particular sensitivities and lifestyles of children, including adolescents, in the context of HIV/AIDS prevention. Consistent with the rights of children under articles 33 and 24 of the Convention, States parties are obligated to ensure the implementation of programmes which aim to reduce the factors that expose children to the use of substances, as well as those that provide treatment and support to children who are abusing substances.","labels":["Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. VULNERABILITY AND CHILDREN NEEDING SPECIAL PROTECTION","C. Victims of violence and abuse"],"citedArticles":[{"treaty":"CRC","article":"33","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2003-3-0040","docId":"crc-gc-2003-3","idx":40,"n":40,"text":"The Committee hereby reaffirms the recommendations, which emerged at the day of general discussion on children living in a world with HIV/AIDS (CRC/C/80), and calls upon States parties: (a)To adopt and implement national and local HIV/AIDS-related policies, including effective plans of action, strategies, and programmes that are child-centred, rights-based and incorporate the rights of the child under the Convention, including by taking into account the recommendations made in the previous paragraphs of the present General Comment and those adopted at the United Nations General Assembly special session on children (2002); (b)To allocate financial, technical and human resources, to the maximum extent possible, to supporting national and community-based action (art. 4), and, where appropriate, within the context of international cooperation (see paragraph 41 below). (c)To review existing laws or enact new legislation with a view to implementing fully article 2 of the Convention, and in particular to expressly prohibiting discrimination based on real or perceived HIV/AIDS status so as to guarantee equal access for of all children to all relevant services, with particular attention to the child’s right to privacy and confidentiality and to other recommendations made by the Committee in the previous paragraphs relevant to legislation; (d)To include HIV/AIDS plans of action, strategies, policies and programmes in the work of national mechanisms responsible for monitoring and coordinating children’s rights and to consider the establishment of a review procedure, which responds specifically to complaints of neglect or violation of the rights of the child in relation to HIV/AIDS, whether this entails the creation of a new legislative or administrative body or is entrusted to an existing national institution; (e)To reassess their HIV-related data collection and evaluation to ensure that they adequately cover children as defined under the Convention, are disaggregated by age and gender ideally in five-year age groups, and include, as far as possible, children belonging to vulnerable groups and those in need of special protection; (f)To include, in their reporting process under article 44 of the Convention, information on national HIV/AIDS policies and programmes and, to the extent possible, budgeting and resource allocations at the national, regional and local levels, as well as within these breakdowns the proportions allocated to prevention, care, research and impact reduction. Specific attention must be given to the extent to which these programmes and policies explicitly recognize children (in the light of their evolving capacities) and their rights, and the extent to which HIV-related rights of children are dealt with in laws, policies and practices, with specific attention to discrimination against children on the basis of their HIV status, as well as because they are orphans or the children of parents living with HIV/AIDS. The Committee requests States parties to provide a detailed indication in their reports of what they consider to be the most important priorities within their jurisdiction in relation to children and HIV/AIDS, and to outline the programme of activities they intend to pursue over the coming five years in order to address the problems identified. This would allow activities to be progressively assessed over time.","labels":["Women/girls","Children","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. RECOMMENDATIONS"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"44","source":"regex"}]},{"id":"crc-gc-2003-3-0041","docId":"crc-gc-2003-3","idx":41,"n":41,"text":"41. In order to promote international cooperation, the Committee calls upon UNICEF, World Health Organization, United Nations Population Fund, UNAIDS and other relevant international bodies, organizations and agencies to contribute systematically, at the national level, to efforts to ensure the rights of children in the context of HIV/AIDS, and also to continue to work with the Committee to improve the rights of the child in the context of HIV/AIDS. Further, the Committee urges States providing development cooperation to ensure that HIV/AIDS strategies are so designed as to take fully into account the rights of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. RECOMMENDATIONS"]},{"id":"crc-gc-2003-3-0042","docId":"crc-gc-2003-3","idx":42,"n":42,"text":"42. Non-governmental organizations, as well as community-based groups and other civil society actors, such as youth groups, faith-based organizations, women’s organizations and traditional leaders, including religious and cultural leaders, all have a vital role to play in the response to the HIV/AIDS pandemic. States parties are called upon to ensure an enabling environment for participation by civil society groups, which includes facilitating collaboration and coordination among the various players, and that these groups are given the support needed to enable them to operate effectively without impediment (in this regard, States parties are specifically encouraged to support the full involvement of people living with HIV/AIDS, with particular attention to the inclusion of children, in the provision of HIV/AIDS prevention, care, treatment and support services).","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. RECOMMENDATIONS"]},{"id":"crc-gc-2003-4-0001","docId":"crc-gc-2003-4","idx":1,"n":1,"text":"The Convention on the Rights of the Child defines a child as “every human being below the age of 18 years unless, under the law applicable, majority is attained earlier” (art. 1). Consequently, adolescents up to 18 years old are holders of all the rights enshrined in the Convention; they are entitled to special protection measures and, according to their evolving capacities, they can progressively exercise their rights (art. 5).","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-gc-2003-4-0002","docId":"crc-gc-2003-4","idx":2,"n":2,"text":"Adolescence is a period characterized by rapid physical, cognitive and social changes, including sexual and reproductive maturation; the gradual building up of the capacity to assume adult behaviours and roles involving new responsibilities requiring new knowledge and skills. While adolescents are in general a healthy population group, adolescence also poses new challenges to health and development owing to their relative vulnerability and pressure from society, including peers, to adopt risky health behaviour. These challenges include developing an individual identity and dealing with one’s sexuality. The dynamic transition period to adulthood is also generally a period of positive changes, prompted by the significant capacity of adolescents to learn rapidly, to experience new and diverse situations, to develop and use critical thinking, to familiarize themselves with freedom, to be creative and to socialize. 100803 CRC/GC/2003/4 page 2","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003},{"id":"crc-gc-2003-4-0003","docId":"crc-gc-2003-4","idx":3,"n":3,"text":"The Committee on the Rights of the Child notes with concern that in implementing their obligations under the Convention, States parties have not given sufficient attention to the specific concerns of adolescents as rights holders and to promoting their health and development. This has motivated the Committee to adopt the present general comment in order to raise awareness and provide States parties with guidance and support in their efforts to guarantee the respect for, protection and fulfilment of the rights of adolescents, including through the formulation of specific strategies and policies.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003},{"id":"crc-gc-2003-4-0004","docId":"crc-gc-2003-4","idx":4,"n":4,"text":"The Committee understands the concepts of “health and development” more broadly than being strictly limited to the provisions defined in articles 6 (right to life, survival and development) and 24 (right to health) of the Convention. One of the aims of this general comment is precisely to identify the main human rights that need to be promoted and protected in order to ensure that adolescents do enjoy the highest attainable standard of health, develop in a well-balanced manner, and are adequately prepared to enter adulthood and assume a constructive role in their communities and in society at large. This general comment should be read in conjunction with the Convention and its two Optional Protocols on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict, as well as other relevant international human rights norms and standards.[[fn:1]]","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":1,"text":"These include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Elimination of All Forms of Discrimination Against Women."}],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-gc-2003-4-0005","docId":"crc-gc-2003-4","idx":5,"n":5,"text":"As recognized by the World Conference on Human Rights (1993) and repeatedly stated by the Committee, children’s rights too are indivisible and interrelated. In addition to articles 6 and 24, other provisions and principles of the Convention are crucial in guaranteeing that adolescents fully enjoy their right to health and development.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2003-4-0006","docId":"crc-gc-2003-4","idx":6,"n":6,"text":"States parties have the obligation to ensure that all human beings below 18 enjoy all the rights set forth in the Convention without discrimination (art. 2), including with regard to “race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status”. These grounds also cover adolescents’ sexual orientation and health status (including HIV/AIDS and mental health). Adolescents who are subject to discrimination are more vulnerable to abuse, other types of violence and exploitation, and their health and development are put at greater risk. They are therefore entitled to special attention and protection from all segments of society.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","The right to non-discrimination"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2003-4-0007","docId":"crc-gc-2003-4","idx":7,"n":7,"text":"The Convention acknowledges the responsibilities, rights and duties of parents (or other persons legally responsible for the child) “to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention” (art. 5). The Committee believes that parents or other persons legally responsible for the child need to fulfil with care their right and responsibility to provide direction and guidance to their adolescent children in the exercise by the latter of their rights. They have an obligation to take into account the adolescents’ views, in accordance with their age and maturity, and to provide a safe and supportive environment in which the adolescent CRC/GC/2003/4 page 3 can develop. Adolescents need to be recognized by the members of their family environment as active rights holders who have the capacity to become full and responsible citizens, given the proper guidance and direction.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Appropriate guidance in the exercise of rights"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-gc-2003-4-0008","docId":"crc-gc-2003-4","idx":8,"n":8,"text":"The right to express views freely and have them duly taken into account (art. 12) is also fundamental in realizing adolescents’ right to health and development. States parties need to ensure that adolescents are given a genuine chance to express their views freely on all matters affecting them, especially within the family, in school, and in their communities. In order for adolescents to be able safely and properly to exercise this right, public authorities, parents and other adults working with or for children need to create an environment based on trust, information-sharing, the capacity to listen and sound guidance that is conducive for adolescents’ participating equally including in decision-making processes.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Respect for the views of the child"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-4-0009","docId":"crc-gc-2003-4","idx":9,"n":9,"text":"Under article 4 of the Convention, “States parties shall undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized” therein. In the context of the rights of adolescents to health and development, States parties need to ensure that specific legal provisions are guaranteed under domestic law, including with regard to setting a minimum age for sexual consent, marriage and the possibility of medical treatment without parental consent. These minimum ages should be the same for boys and girls (article 2 of the Convention) and closely reflect the recognition of the status of human beings under 18 years of age as rights holders, in accordance with their evolving capacity, age and maturity (arts. 5 and 12 to 17). Further, adolescents need to have easy access to individual complaint systems as well as judicial and appropriate non-judicial redress mechanisms that guarantee fair and due process, with special attention to the right to privacy (art. 16).","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Legal and judicial measures and processes"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2003-4-0010","docId":"crc-gc-2003-4","idx":10,"n":10,"text":"The Convention defines the civil rights and freedoms of children and adolescents in its articles 13 to 17. These are fundamental in guaranteeing the right to health and development of adolescents. Article 17 states that the child has the right to “access information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health”. The right of adolescents to access appropriate information is crucial if States parties are to promote cost-effective measures, including through laws, policies and programmes, with regard to numerous health-related situations, including those covered in articles 24 and 33 such as family planning, prevention of accidents, protection from harmful traditional practices, including early marriages and female genital mutilation, and the abuse of alcohol, tobacco and other harmful substances.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Civil rights and freedoms"],"citedArticles":[{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"33","source":"regex"}]},{"id":"crc-gc-2003-4-0011","docId":"crc-gc-2003-4","idx":11,"n":11,"text":"In order to promote the health and development of adolescents, States parties are also encouraged to respect strictly their right to privacy and confidentiality, including with respect to advice and counselling on health matters (art. 16). Health-care providers have an obligation to keep confidential medical information concerning adolescents, bearing in mind the basic principles of the Convention. Such information may only be disclosed with the consent of the CRC/GC/2003/4 page 4 adolescent, or in the same situations applying to the violation of an adult’s confidentiality. Adolescents deemed mature enough to receive counselling without the presence of a parent or other person are entitled to privacy and may request confidential services, including treatment.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Civil rights and freedoms"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2003-4-0012","docId":"crc-gc-2003-4","idx":12,"n":12,"text":"States parties must take effective measures to ensure that adolescents are protected from all forms of violence, abuse, neglect and exploitation (arts. 19, 32-36 and 38), paying increased attention to the specific forms of abuse, neglect, violence and exploitation that affects this age group. In particular, they should adopt special measures to ensure the physical, sexual and mental integrity of adolescents with disabilities, who are particularly vulnerable to abuse and neglect. States parties should also ensure that adolescents affected by poverty who are socially marginalized are not criminalized. In this regard, financial and human resources need to be allocated to promote research that would inform the adoption of effective local and national laws, policies and programmes. Policies and strategies should be reviewed regularly and revised accordingly. In taking these measures, States parties have to take into account the evolving capacities of adolescents and involve them in an appropriate manner in developing measures, including programmes, designed to protect them. In this context, the Committee emphasizes the positive impact that peer education can have, and the positive influence of proper role models, especially those in the worlds of arts, entertainment and sports.","labels":["Adolescents","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Protection from all forms of abuse, neglect, violence and exploitation"],"citedArticles":[{"treaty":"CRC","article":"19","source":"grammar"},{"treaty":"CRC","article":"32","source":"grammar"},{"treaty":"CRC","article":"36","source":"grammar"},{"treaty":"CRC","article":"38","source":"grammar"}]},{"id":"crc-gc-2003-4-0013","docId":"crc-gc-2003-4","idx":13,"n":13,"text":"Systematic data collection is necessary for States parties to be able to monitor the health and development of adolescents. States parties should adopt data-collection mechanisms that allow desegregation by sex, age, origin and socio-economic status so that the situation of different groups can be followed. Data should also be collected to study the situation of specific groups such as ethnic and/or indigenous minorities, migrant or refugee adolescents, adolescents with disabilities, working adolescents, etc. Where appropriate, adolescents should participate in the analysis to ensure that the information is understood and utilized in an adolescent-sensitive way.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. FUNDAMENTAL PRINCIPLES AND OTHER OBLIGATIONS OF STATES PARTIES","Data collection"]},{"id":"crc-gc-2003-4-0014","docId":"crc-gc-2003-4","idx":14,"n":14,"text":"The health and development of adolescents are strongly determined by the environments in which they live. Creating a safe and supportive environment entails addressing attitudes and actions of both the immediate environment of the adolescent - family, peers, schools and services - as well as the wider environment created by, inter alia, community and religious leaders, the media, national and local policies and legislation. The promotion and enforcement of the provisions and principles of the Convention, especially articles 2-6, 12-17, 24, 28, 29 and 31, are key to guaranteeing adolescents’ right to health and development. States parties should take measures to raise awareness and stimulate and/or regulate action through the formulation of policy or the adoption of legislation and the implementation of programmes specifically for adolescents.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2003-4-0015","docId":"crc-gc-2003-4","idx":15,"n":15,"text":"The Committee stresses the importance of the family environment, including the members of the extended family and community or other persons legally responsible for the CRC/GC/2003/4 page 5 child or adolescent (arts. 5 and 18). While most adolescents grow up in well-functioning family environments, for some the family does not constitute a safe and supportive milieu.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"5","source":"grammar"},{"treaty":"CRC","article":"18","source":"grammar"}]},{"id":"crc-gc-2003-4-0016","docId":"crc-gc-2003-4","idx":16,"n":16,"text":"The Committee calls upon States parties to develop and implement, in a manner consistent with adolescents’ evolving capacities, legislation, policies and programmes to promote the health and development of adolescents by (a) providing parents (or legal guardians) with appropriate assistance through the development of institutions, facilities and services that adequately support the well-being of adolescents, including, when needed, the provision of material assistance and support with regard to nutrition, clothing and housing (art. 27 (3)); (b) providing adequate information and parental support to facilitate the development of a relationship of trust and confidence in which issues regarding, for example, sexuality and sexual behaviour and risky lifestyles can be openly discussed and acceptable solutions found that respect the adolescent’s rights (art. 27 (3)); (c) providing adolescent mothers and fathers with support and guidance for both their own and their children’s well-being (art. 24 (f), 27 (2-3)); (d) giving, while respecting the values and norms of ethnic and other minorities, special attention, guidance and support to adolescents and parents (or legal guardians), whose traditions and norms may differ from those in the society where they live; and (e) ensuring that interventions in the family to protect the adolescent and, when necessary, separate her/him from the family, e.g. in case of abuse or neglect, are in accordance with applicable laws and procedures. Such laws and procedures should be reviewed to ensure that they conform to the principles of the Convention.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"27","paragraph":"3","source":"regex"},{"treaty":"CRC","article":"27","paragraph":"3","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-gc-2003-4-0017","docId":"crc-gc-2003-4","idx":17,"n":17,"text":"The school plays an important role in the life of many adolescents, as the venue for learning, development and socialization. Article 29 (1) states that education must be directed to “the development of the child’s personality, talents and mental and physical abilities to their fullest potential”. In addition, general comment No. 1 on the aims of education states that “Education must also be aimed at ensuring that … no child leaves school without being equipped to face the challenges that he or she can expect to be confronted with in life. Basic skills should include … the ability to make well-balanced decisions; to resolve conflicts in a non-violent manner; and to develop a healthy lifestyle and] good social relationships …”. Considering the importance of appropriate education for the current and future health and development of adolescents, as well as for their children, the Committee urges States parties, in line with articles 28 and 29 of the Convention to (a) ensure that quality primary education is compulsory and available, accessible and free to all and that secondary and higher education are available and accessible to all adolescents; (b) provide well-functioning school and recreational facilities which do not pose health risks to students, including water and sanitation and safe journeys to school; (c) take the necessary actions to prevent and prohibit all forms of violence and abuse, including sexual abuse, corporal punishment and other inhuman, degrading or humiliating treatment or punishment in school, by school personnel as well as among students; (d) initiate and support measures, attitudes and activities that promote healthy behaviour by including relevant topics in school curricula.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-gc-2003-4-0018","docId":"crc-gc-2003-4","idx":18,"n":18,"text":"During adolescence, an increasing number of young people are leaving school to start working to help support their families or for wages in the formal or informal sector. Participation in work activities in accordance with international standards, as long as it does not jeopardize the enjoyment of any of the other rights of adolescents, including health and education, may be beneficial for the development of the adolescent. The Committee urges States parties to take all necessary measures to abolish all forms of child labour, starting with the CRC/GC/2003/4 page 6 worst forms, to continuously review national regulations on minimum ages for employment with a view to making them compatible with international standards, and to regulate the working environment and conditions for adolescents who are working (in accordance with article 32 of the Convention, as well as ILO Conventions Nos. 138 and 182), so as to ensure that they are fully protected and have access to legal redress mechanisms.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"32","source":"regex"}]},{"id":"crc-gc-2003-4-0019","docId":"crc-gc-2003-4","idx":19,"n":19,"text":"The Committee also stresses that in accordance with article 23 (3) of the Convention, the special rights of adolescents with disabilities should be taken into account and assistance provided to ensure that the disabled child/adolescent has effective access to and receives good quality education. States should recognize the principle of equal primary, secondary and tertiary educational opportunities for disabled children/adolescents, where possible in regular schools.","labels":["Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"23","paragraph":"3","source":"regex"}]},{"id":"crc-gc-2003-4-0020","docId":"crc-gc-2003-4","idx":20,"n":20,"text":"The Committee is concerned that early marriage and pregnancy are significant factors in health problems related to sexual and reproductive health, including HIV/AIDS. Both the legal minimum age and actual age of marriage, particularly for girls, are still very low in several States parties. There are also non-health-related concerns: children who marry, especially girls, are often obliged to leave the education system and are marginalized from social activities. Further, in some States parties married children are legally considered adults, even if they are under 18, depriving them of all the special protection measures they are entitled under the Convention. The Committee strongly recommends that States parties review and, where necessary, reform their legislation and practice to increase the minimum age for marriage with and without parental consent to 18 years, for both girls and boys. The Committee on the Elimination of Discrimination against Women has made a similar recommendation (general comment No. 21 of 1994).","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"]},{"id":"crc-gc-2003-4-0021","docId":"crc-gc-2003-4","idx":21,"n":21,"text":"In most countries accidental injuries or injuries due to violence are a leading cause of death or permanent disability among adolescents. In that respect, the Committee is concerned about the injuries and death resulting from road traffic accidents, which affect adolescents disproportionately. States parties should adopt and enforce legislation and programmes to improve road safety, including driving education for and examination of adolescents and the adoption or strengthening of legislation known to be highly effective such as the obligations to have a valid driver’s licence, wear seat belts and crash helmets, and the designation of pedestrian areas.","labels":["Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"]},{"id":"crc-gc-2003-4-0022","docId":"crc-gc-2003-4","idx":22,"n":22,"text":"The Committee is also very concerned about the high rate of suicide among this age group. Mental disorders and psychosocial illness are relatively common among adolescents. In many countries symptoms such as depression, eating disorders and self-destructive behaviours, sometimes leading to self-inflicted injuries and suicide, are increasing. They may be related to, inter alia, violence, ill-treatment, abuse and neglect, including sexual abuse, unrealistically high expectations, and/or bullying or hazing in and outside school. States parties should provide these adolescents with all the necessary services.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"]},{"id":"crc-gc-2003-4-0023","docId":"crc-gc-2003-4","idx":23,"n":23,"text":"Violence results from a complex interplay of individual, family, community and societal factors. Vulnerable adolescents such as those who are homeless or who are living in institutions, who belong to gangs or who have been recruited as child soldiers are especially exposed to both institutional and interpersonal violence. Under article 19 of the Convention, States parties must take all appropriate measures[[fn:3]] to prevent and eliminate: (a) institutional violence against adolescents, including through legislation and administrative measures in relation to public and CRC/GC/2003/4 page 7 private institutions for adolescents (schools, institutions for disabled adolescents, juvenile reformatories, etc.), and training and monitoring of personnel in charge of institutionalized children or who otherwise have contact with children through their work, including the police; and (b) interpersonal violence among adolescents, including by supporting adequate parenting and opportunities for social and educational development in early childhood, fostering non-violent cultural norms and values (as foreseen in article 29 of the Convention), strictly controlling firearms and restricting access to alcohol and drugs.","labels":["Children","Adolescents","Persons with disabilities","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":3,"text":"Ibid.","isIbid":true,"resolvedText":"These include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Elimination of All Forms of Discrimination Against Women."}],"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-gc-2003-4-0024","docId":"crc-gc-2003-4","idx":24,"n":24,"text":"In light of articles 3, 6, 12, 19 and 24 (3) of the Convention, States parties should take all effective measures to eliminate all acts and activities which threaten the right to life of adolescents, including honour killings. The Committee strongly urges States parties to develop and implement awareness-raising campaigns, education programmes and legislation aimed at changing prevailing attitudes, and address gender roles and stereotypes that contribute to harmful traditional practices. Further, States parties should facilitate the establishment of multidisciplinary information and advice centres regarding the harmful aspects of some traditional practices, including early marriage and female genital mutilation.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"24","paragraph":"3","source":"regex"}]},{"id":"crc-gc-2003-4-0025","docId":"crc-gc-2003-4","idx":25,"n":25,"text":"The Committee is concerned about the influence exerted on adolescent health behaviours by the marketing of unhealthy products and lifestyles. In line with article 17 of the Convention, States parties are urged to protect adolescents from information that is harmful to their health and development, while underscoring their right to information and material from diverse national and international sources. States parties are therefore urged to regulate or prohibit information on and marketing of substances such as alcohol and tobacco, particularly when it targets children and adolescents[[fn:4]].","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":4,"text":"As proposed in the Framework Convention on Tobacco Control (2003) of the World Health Organization."}],"section":["II. CREATING A SAFE AND SUPPORTIVE ENVIRONMENT"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"}]},{"id":"crc-gc-2003-4-0026","docId":"crc-gc-2003-4","idx":26,"n":26,"text":"Adolescents have the right to access adequate information essential for their health and development and for their ability to participate meaningfully in society. It is the obligation of States parties to ensure that all adolescent girls and boys, both in and out of school, are provided with, and not denied, accurate and appropriate information on how to protect their health and development and practise healthy behaviours. This should include information on the use and abuse, of tobacco, alcohol and other substances, safe and respectful social and sexual behaviours, diet and physical activity.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"]},{"id":"crc-gc-2003-4-0027","docId":"crc-gc-2003-4","idx":27,"n":27,"text":"In order to act adequately on the information, adolescents need to develop the skills necessary, including self-care skills, such as how to plan and prepare nutritionally balanced meals and proper personal hygiene habits, and skills for dealing with particular social situations such as interpersonal communication, decision-making, and coping with stress and conflict. States parties should stimulate and support opportunities to build such skills through, inter alia, formal and informal education and training programmes, youth organizations and the media.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"]},{"id":"crc-gc-2003-4-0028","docId":"crc-gc-2003-4","idx":28,"n":28,"text":"In light of articles 3, 17 and 24 of the Convention, States parties should provide adolescents with access to sexual and reproductive information, including on family planning and contraceptives, the dangers of early pregnancy, the prevention of HIV/AIDS and the prevention and treatment of sexually transmitted diseases (STDs). In addition, States parties should ensure that they have access to appropriate information, regardless of their marital status CRC/GC/2003/4 page 8 and whether their parents or guardians consent. It is essential to find proper means and methods of providing information that is adequate and sensitive to the particularities and specific rights of adolescent girls and boys. To this end, States parties are encouraged to ensure that adolescents are actively involved in the design and dissemination of information through a variety of channels beyond the school, including youth organizations, religious, community and other groups and the media.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2003-4-0029","docId":"crc-gc-2003-4","idx":29,"n":29,"text":"Under article 24 of the Convention, States parties are urged to provide adequate treatment and rehabilitation for adolescents with mental disorders, to make the community aware of the early signs and symptoms and the seriousness of these conditions, and to protect adolescents from undue pressures, including psychosocial stress. States parties are also urged to combat discrimination and stigma surrounding mental disorders, in line with their obligations under article 2. Every adolescent with a mental disorder has the right to be treated and cared for, as far as possible, in the community in which he or she lives. Where hospitalization or placement in a psychiatric institution is necessary, this decision should be made in accordance with the principle of the best interests of the child. In the event of hospitalization or institutionalization, the patient should be given the maximum possible opportunity to enjoy all his or her rights as recognized under the Convention, including the rights to education and to have access to recreational activities.[[fn:5]] Where appropriate, adolescents should be separated from adults. States parties must ensure that adolescents have access to a personal representative other than a family member to represent their interests, when necessary and appropriate.[[fn:6]] In accordance with article 25 of the Convention, States parties should undertake periodic review of the placement of adolescents in hospitals or psychiatric institutions.","labels":["Adolescents","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":5,"text":"For further guidance on this subject, refer to the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care, (General Assembly resolution 46/119 of 17 December 1991, annex)."},{"n":6,"text":"Ibid., in particular principles 2, 3 and 7.","isIbid":true,"resolvedText":"For further guidance on this subject, refer to the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care, (General Assembly resolution 46/119 of 17 December 1991, annex)."}],"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"25","source":"regex"}]},{"id":"crc-gc-2003-4-0030","docId":"crc-gc-2003-4","idx":30,"n":30,"text":"Adolescents, both girls and boys, are at risk of being infected with and affected by STDs, including HIV/AIDS[[fn:7]]. States should ensure that appropriate goods, services and information for the prevention and treatment of STDs, including HIV/AIDS, are available and accessible. To this end, States parties are urged (a) to develop effective prevention programmes, including measures aimed at changing cultural views about adolescents’ need for contraception and STD prevention and addressing cultural and other taboos surrounding adolescent sexuality; (b) to adopt legislation to combat practices that either increase adolescents’ risk of infection or contribute to the marginalization of adolescents who are already infected with STDs, including HIV; (c) to take measures to remove all barriers hindering the access of adolescents to information, preventive measures such as condoms, and care.","labels":["Women/girls","Children","Adolescents","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":7,"text":"For further guidance on this issue, see general comment No. 3 (2003) on HIV/AIDS and the rights of children."}],"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"]},{"id":"crc-gc-2003-4-0031","docId":"crc-gc-2003-4","idx":31,"n":31,"text":"Adolescent girls should have access to information on the harm that early marriage and early pregnancy can cause, and those who become pregnant should have access to health services that are sensitive to their rights and particular needs. States parties should take measures to reduce maternal morbidity and mortality in adolescent girls, particularly caused by early pregnancy and unsafe abortion practices, and to support adolescent parents. Young mothers, especially where support is lacking, may be prone to depression and anxiety, compromising their ability to care for their child. The Committee urges States parties (a) to develop and implement programmes that provide access to sexual and reproductive health services, including family planning, contraception and safe abortion services where abortion is not against the law, adequate and comprehensive obstetric care and counselling; (b) to foster positive and supportive attitudes towards adolescent parenthood for their mothers and fathers; and (c) to develop policies that will allow adolescent mothers to continue their education. CRC/GC/2003/4 page 9","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"]},{"id":"crc-gc-2003-4-0032","docId":"crc-gc-2003-4","idx":32,"n":32,"text":"Before parents give their consent, adolescents need to have a chance to express their views freely and their views should be given due weight, in accordance with article 12 of the Convention. However, if the adolescent is of sufficient maturity, informed consent shall be obtained from the adolescent her/himself, while informing the parents if that is in the “best interest of the child” (art. 3).","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-gc-2003-4-0033","docId":"crc-gc-2003-4","idx":33,"n":33,"text":"With regard to privacy and confidentiality, and the related issue of informed consent to treatment, States parties should (a) enact laws or regulations to ensure that confidential advice concerning treatment is provided to adolescents so that they can give their informed consent. Such laws or regulations should stipulate an age for this process, or refer to the evolving capacity of the child; and (b) provide training for health personnel on the rights of adolescents to privacy and confidentiality, to be informed about planned treatment and to give their informed consent to treatment.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. INFORMATION, SKILLS DEVELOPMENT, COUNSELLING, AND HEALTH SERVICES"]},{"id":"crc-gc-2003-4-0034","docId":"crc-gc-2003-4","idx":34,"n":34,"text":"In ensuring respect for the right of adolescents to health and development, both individual behaviours and environmental factors which increase their vulnerability and risk should be taken into consideration. Environmental factors, such as armed conflict or social exclusion, increase the vulnerability of adolescents to abuse, other forms of violence and exploitation, thereby severely limiting adolescents’ abilities to make individual, healthy behaviour choices. For example, the decision to engage in unsafe sex increases adolescents’ risk of ill-health.","labels":["Adolescents","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. VULNERABILITY AND RISK"]},{"id":"crc-gc-2003-4-0035","docId":"crc-gc-2003-4","idx":35,"n":35,"text":"In accordance with article 23 of the Convention, adolescents with mental and/or physical disabilities have an equal right to the highest attainable standard of physical and mental health. States parties have an obligation to provide adolescents with disabilities with the means necessary to realize their rights.[[fn:8]] States parties should (a) ensure that health facilities, goods and services are available and accessible to all adolescents with disabilities and that these facilities and services promote their self-reliance and their active participation in the community; (b) ensure that the necessary equipment and personal support are available to enable them to move around, participate and communicate; (c) pay specific attention to the special needs relating to the sexuality of adolescents with disabilities; and (d) remove barriers that hinder adolescents with disabilities in realizing their rights.","labels":["Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":8,"text":"United Nations Standard Rules on Equal Opportunities for Persons with Disabilities. -----"}],"section":["IV. VULNERABILITY AND RISK"],"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-gc-2003-4-0036","docId":"crc-gc-2003-4","idx":36,"n":36,"text":"States parties have to provide special protection to homeless adolescents, including those working in the informal sector. Homeless adolescents are particularly vulnerable to violence, abuse and sexual exploitation from others, self-destructive behaviour, substance abuse and mental disorders. In this regard, States parties are required to (a) develop policies and enact and enforce legislation that protect such adolescents from violence, e.g. by law enforcement officials; (b) develop strategies for the provision of appropriate education and access to health care, and of opportunities for the development of livelihood skills.","labels":["Adolescents","Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. VULNERABILITY AND RISK"]},{"id":"crc-gc-2003-4-0037","docId":"crc-gc-2003-4","idx":37,"n":37,"text":"Adolescents who are sexually exploited, including in prostitution and pornography, are exposed to significant health risks, including STDs, HIV/AIDS, unwanted pregnancies, unsafe abortions, violence and psychological distress. They have the right to physical and psychological recovery and social reintegration in an environment that fosters health, self-respect and dignity (art. 39). It is the obligation of States parties to enact and enforce laws to prohibit all CRC/GC/2003/4 page 10 forms of sexual exploitation and related trafficking; to collaborate with other States parties to eliminate intercountry trafficking; and to provide appropriate health and counselling services to adolescents who have been sexually exploited, making sure that they are treated as victims and not as offenders.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. VULNERABILITY AND RISK"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-4-0038","docId":"crc-gc-2003-4","idx":38,"n":38,"text":"Additionally, adolescents experiencing poverty, armed conflicts, all forms of injustice, family breakdown, political, social and economic instability and all types of migration may be particularly vulnerable. These situations might seriously hamper their health and development. By investing heavily in preventive policies and measures States parties can drastically reduce levels of vulnerability and risk factors; they will also provide cost-effective ways for society to help adolescents develop harmoniously in a free society.","labels":["Migrants","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. VULNERABILITY AND RISK"]},{"id":"crc-gc-2003-4-0039","docId":"crc-gc-2003-4","idx":39,"n":39,"text":"39. In exercising their obligations in relation to the health and development of adolescents, States parties shall always take fully into account the four general principles of the Convention. It is the view of the Committee that States parties must take all appropriate legislative, administrative and other measures for the realization and monitoring of the rights of adolescents to health and development as recognized in the Convention. To this end, States parties must notably fulfil the following obligations: (a) To create a safe and supportive environment for adolescents, including within their family, in schools, in all types of institutions in which they may live, within their workplace and/or in the society at large; (b) To ensure that adolescents have access to the information that is essential for their health and development and that they have opportunities to participate in decisions affecting their health (notably through informed consent and the right of confidentiality), to acquire life skills, to obtain adequate and age-appropriate information, and to make appropriate health behaviour choices; (c) To ensure that health facilities, goods and services, including counselling and health services for mental and sexual and reproductive health, of appropriate quality and sensitive to adolescents’ concerns are available to all adolescents; (d) To ensure that adolescent girls and boys have the opportunity to participate actively in planning and programming for their own health and development; (e) To protect adolescents from all forms of labour which may jeopardize the enjoyment of their rights, notably by abolishing all forms of child labour and by regulating the working environment and conditions in accordance with international standards; (f) To protect adolescents from all forms of intentional and unintentional injuries, including those resulting from violence and road traffic accidents; (g) To protect adolescents from all harmful traditional practices, such as early marriages, honour killings and female genital mutilation; (h) To ensure that adolescents belonging to especially vulnerable groups are fully taken into account in the fulfilment of all aforementioned obligations; (i) To implement measures for the prevention of mental disorders and the promotion of mental health of adolescents.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. NATURE OF STATES’ OBLIGATIONS"]},{"id":"crc-gc-2003-4-0040","docId":"crc-gc-2003-4","idx":40,"n":40,"text":"The Committee draws the attention of States parties to the general comment No. 14 on the right to the highest attainable standard of health of the Committee on Economic, Social and Cultural Rights which states that, “States parties should provide a safe and supportive environment for adolescents that ensures the opportunity to participate in decisions affecting their health, to build life skills, to acquire appropriate information, to receive counselling and to negotiate the health-behaviour choices they make. The realization of the right to health of adolescents is dependent on the development of youth-sensitive health care, which respects confidentiality and privacy and includes appropriate sexual and reproductive health services.”","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. NATURE OF STATES’ OBLIGATIONS"]},{"id":"crc-gc-2003-4-0041","docId":"crc-gc-2003-4","idx":41,"n":41,"text":"41. In accordance with articles 24, 39 and other related provisions of the Convention, States parties should provide health services that are sensitive to the particular needs and human rights of all adolescents, paying attention to the following characteristics: (a) Availability. Primary health care should include services sensitive to the needs of adolescents, with special attention given to sexual and reproductive health and mental health; (b) Accessibility. Health facilities, goods and services should be known and easily accessible (economically, physically and socially) to all adolescents, without discrimination. Confidentiality should be guaranteed, when necessary; (c) Acceptability. While fully respecting the provisions and principles of the Convention, all health facilities, goods and services should respect cultural values, be gender sensitive, be respectful of medical ethics and be acceptable to both adolescents and the communities in which they live; (d) Quality. Health services and goods should be scientifically and medically appropriate, which requires personnel trained to care for adolescents, adequate facilities and scientifically accepted methods.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. NATURE OF STATES’ OBLIGATIONS"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-4-0042","docId":"crc-gc-2003-4","idx":42,"n":42,"text":"States parties should, where feasible, adopt a multisectoral approach to the promotion and protection of adolescent health and development by facilitating effective and sustainable linkages and partnerships among all relevant actors. At the national level, such an approach calls for close and systematic collaboration and coordination within Government, so as to ensure the necessary involvement of all relevant government entities. Public health and other services utilized by adolescents should also be encouraged and assisted in seeking collaboration with, inter alia, private and/or traditional practitioners, professional associations, pharmacies and organizations that provide services to vulnerable groups of adolescents.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. NATURE OF STATES’ OBLIGATIONS"]},{"id":"crc-gc-2003-4-0043","docId":"crc-gc-2003-4","idx":43,"n":43,"text":"A multisectoral approach to the promotion and protection of adolescent health and development will not be effective without international cooperation. Therefore, States parties","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. NATURE OF STATES’ OBLIGATIONS"]},{"id":"crc-gc-2003-5-0001","docId":"crc-gc-2003-5","idx":1,"n":1,"text":"When a State ratifies the Convention on the Rights of the Child, it takes on obligations under international law to implement it. Implementation is the process whereby States parties take action to ensure the realization of all rights in the Convention for all children in their jurisdiction. Article 4 requires States parties to take “all appropriate legislative, administrative","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":1,"text":"The Committee reminds States parties that, for the purposes of the Convention, a child is defined as “every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier” (art. 1)."},{"n":2,"text":"In 1999, the Committee on the Rights of the Child held a two-day workshop to commemorate the tenth anniversary of adoption of the Convention on the Rights of the Child by the United Nations General Assembly. The workshop focused on general measures of implementation following which the Committee adopted detailed conclusions and recommendations (see CRC/C/90, para. 291)."}],"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2003-5-0002","docId":"crc-gc-2003-5","idx":2,"n":2,"text":"In its periodic examination of States parties’ reports under the Convention, the Committee pays particular attention to what it has termed “general measures of implementation”. In its concluding observations issued following examination, the Committee provides specific recommendations relating to general measures. It expects the State party to describe action taken in response to these recommendations in its subsequent periodic report. The Committee’s reporting guidelines arrange the Convention’s articles in clusters,[[fn:3]] the first being on “general measures of implementation” and groups article 4 with article 42 (the obligation to make the content of the Convention widely known to children and adults; see, paragraph 66 below) and article 44, paragraph 6 (the obligation to make reports widely available within the State; see paragraph 71 below).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":3,"text":"General Guidelines Regarding the Form and Content of Initial Reports to be Submitted by States Parties under Article 44, Paragraph 1 (a) of the Convention, CRC/C/5, 15 October 1991; General Guidelines Regarding the Form and Contents of Periodic Reports to be Submitted under Article 44, Paragraph 1 (b) of the Convention on the Rights of the Child, CRC/C/58, 20 November 1996."}],"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"42","source":"regex"},{"treaty":"CRC","article":"44","source":"regex"}]},{"id":"crc-gc-2003-5-0003","docId":"crc-gc-2003-5","idx":3,"n":3,"text":"In addition to these provisions, other general implementation obligations are set out in article 2: “States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind …”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2003-5-0004","docId":"crc-gc-2003-5","idx":4,"n":4,"text":"Also under article 3, paragraph 2, “States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.”","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-gc-2003-5-0005","docId":"crc-gc-2003-5","idx":5,"n":5,"text":"In international human rights law, there are articles similar to article 4 of the Convention, setting out overall implementation obligations, such as article 2 of the International Covenant on Civil and Political Rights and article 2 of the International Covenant on Economic, Social and Cultural Rights. The Human Rights Committee and the Committee on Economic, Social and Cultural Rights have issued general comments in relation to these provisions which should be seen as complementary to the present general comment and which are referred to below.[[fn:4]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":4,"text":"Human Rights Committee, general comment No. 3 (thirteenth session, 1981), Article 2: Implementation at the national level; Committee on Economic, Social and Cultural Rights, general comment No. 3 (fifth session, 1990), The nature of States parties’ obligations (article 2, paragraph 1, of the Covenant); also general comment No. 9 (nineteenth session, 1998), The domestic application of the Covenant, elaborating further on certain elements in general comment No. 3. A compendium of the treaty bodies’ general comments and recommendations is published regularly by the Office of the High Commissioner for Human Rights (HRI/GEN/1/Rev.6)."}],"section":["I. INTRODUCTION"],"citedArticles":[{"article":"4","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"regex_default_treaty=CRC; text says 'article 4 of the Convention' — Convention is the CRC in this CRC committee document."},{"article":"2","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 2 of the International Covenant on Civil and Political Rights'."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 2 of the International Covenant on Economic, Social and Cultural Rights'."}]},{"id":"crc-gc-2003-5-0006","docId":"crc-gc-2003-5","idx":6,"n":6,"text":"Article 4, while reflecting States parties’ overall implementation obligation, suggests a distinction between civil and political rights and economic, social and cultural rights in its second sentence: “With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation.” There is no simple or authoritative division of human rights in general or of Convention rights into the two categories. The Committee’s reporting guidelines group articles 7, 8, 13-17 and 37 (a) under the heading “Civil rights and freedoms”, but indicate by the context that these are not the only civil and political rights in the Convention. Indeed, it is clear that many other articles, including articles 2, 3, 6 and 12 of the Convention, contain elements which constitute civil/political rights, thus reflecting the interdependence and indivisibility of all human rights. Enjoyment of economic, social and CRC/GC/2003/5 page 3 cultural rights is inextricably intertwined with enjoyment of civil and political rights. As noted in paragraph 25 below, the Committee believes that economic, social and cultural rights, as well as civil and political rights, should be regarded as justiciable.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"7","source":"regex"},{"treaty":"CRC","article":"8","source":"regex"},{"treaty":"CRC","article":"13","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-5-0007","docId":"crc-gc-2003-5","idx":7,"n":7,"text":"The second sentence of article 4 reflects a realistic acceptance that lack of resources -financial and other resources - can hamper the full implementation of economic, social and cultural rights in some States; this introduces the concept of “progressive realization” of such rights: States need to be able to demonstrate that they have implemented “to the maximum extent of their available resources” and, where necessary, have sought international cooperation . When States ratify the Convention, they take upon themselves obligations not only to implement it within their jurisdiction, but also to contribute, through international cooperation, to global implementation (see paragraph 60 below).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2003-5-0008","docId":"crc-gc-2003-5","idx":8,"n":8,"text":"The sentence is similar to the wording used in the International Covenant on Economic, Social and Cultural Rights and the Committee entirely concurs with the Committee on Economic, Social and Cultural Rights in asserting that “even where the available resources are demonstrably inadequate, the obligation remains for a State party to strive to ensure the widest possible enjoyment of the relevant rights under the prevailing circumstances …”.[[fn:5]] Whatever their economic circumstances, States are required to undertake all possible measures towards the realization of the rights of the child, paying special attention to the most disadvantaged groups.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":5,"text":"General comment No. 3, HRI/GEN/1/Rev.6, para. 11, p. 16."}],"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-5-0009","docId":"crc-gc-2003-5","idx":9,"n":9,"text":"The general measures of implementation identified by the Committee and described in the present general comment are intended to promote the full enjoyment of all rights in the Convention by all children, through legislation, the establishment of coordinating and monitoring bodies - governmental and independent - comprehensive data collection, awareness-raising and training and the development and implementation of appropriate policies, services and programmes. One of the satisfying results of the adoption and almost universal ratification of the Convention has been the development at the national level of a wide variety of new child-focused and child-sensitive bodies, structures and activities - children’s rights units at the heart of Government, ministers for children, inter-ministerial committees on children, parliamentary committees, child impact analysis, children’s budgets and “state of children’s rights” reports, NGO coalitions on children’s rights, children’s ombudspersons and children’s rights commissioners and so on.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-5-0010","docId":"crc-gc-2003-5","idx":10,"n":10,"text":"While some of these developments may seem largely cosmetic, their emergence at the least indicates a change in the perception of the child’s place in society, a willingness to give higher political priority to children and an increasing sensitivity to the impact of governance on children and their human rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-5-0011","docId":"crc-gc-2003-5","idx":11,"n":11,"text":"The Committee emphasizes that, in the context of the Convention, States must see their role as fulfilling clear legal obligations to each and every child. Implementation of the human rights of children must not be seen as a charitable process, bestowing favours on children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. INTRODUCTION"]},{"id":"crc-gc-2003-5-0012","docId":"crc-gc-2003-5","idx":12,"n":12,"text":"The development of a children’s rights perspective throughout Government, parliament and the judiciary is required for effective implementation of the whole Convention and, in particular, in the light of the following articles in the Convention identified by the Committee as general principles:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":6,"text":"Human Rights Committee, general comment No. 18 (1989), HRI/GEN/1/Rev.6, pp. 147 et seq."}],"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2003-5-0013","docId":"crc-gc-2003-5","idx":13,"n":13,"text":"In its reporting guidelines on general measures of implementation, the Committee starts by inviting the State party to indicate whether it considers it necessary to maintain the reservations it has made, if any, or has the intention of withdrawing them.[[fn:7]] States parties to the Convention are entitled to make reservations at the time of their ratification of or accession to it (art. 51). The Committee’s aim of ensuring full and unqualified respect for the human rights of children can be achieved only if States withdraw their reservations. It consistently recommends during its examination of reports that reservations be reviewed and withdrawn. Where a State, after review, decides to maintain a reservation, the Committee requests that a full explanation be included in the next periodic report. The Committee draws the attention of States parties to the encouragement given by the World Conference on Human Rights to the review and withdrawal of reservations.[[fn:8]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":7,"text":"General Guidelines Regarding the Form and Contents of Periodic Reports to be Submitted under Article 44, Paragraph 1 (b) of the Convention on the Rights of the Child, CRC/C/58, 20 November 1996, para. 11."},{"n":8,"text":"World Conference on Human Rights, Vienna, 14-25 June 1993, “Vienna Declaration and Programme of Action”, A/CONF.157/23."}],"section":["II. REVIEW OF RESERVATIONS"],"citedArticles":[{"treaty":"CRC","article":"51","source":"regex"}]},{"id":"crc-gc-2003-5-0014","docId":"crc-gc-2003-5","idx":14,"n":14,"text":"Article 2 of the Vienna Convention on the Law of Treaties defines “reservation” as a “unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a Treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the Treaty in their application to that State”. The Vienna Convention notes that States are entitled, at the time of ratification or accession to a treaty, to make a reservation unless it is “incompatible with the object and purpose of the treaty” (art. 19).","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. REVIEW OF RESERVATIONS"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-gc-2003-5-0015","docId":"crc-gc-2003-5","idx":15,"n":15,"text":"Article 51, paragraph 2, of the Convention on the Rights of the Child reflects this: “A reservation incompatible with the object and purpose of the present Convention shall not be permitted”. The Committee is deeply concerned that some States have made reservations which plainly breach article 51 (2) by suggesting, for example, that respect for the Convention is limited by the State’s existing Constitution or legislation, including in some cases religious law. Article 27 of the Vienna Convention on the Law of Treaties provides: “A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. REVIEW OF RESERVATIONS"],"citedArticles":[{"treaty":"CRC","article":"51","source":"regex"},{"treaty":"CRC","article":"51","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-gc-2003-5-0016","docId":"crc-gc-2003-5","idx":16,"n":16,"text":"The Committee notes that, in some cases, States parties have lodged formal objections to such wide-ranging reservations made by other States parties. It commends any action which contributes to ensuring the fullest possible respect for the Convention in all States parties. CRC/GC/2003/5 page 6","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["II. REVIEW OF RESERVATIONS"]},{"id":"crc-gc-2003-5-0017","docId":"crc-gc-2003-5","idx":17,"n":17,"text":"As part of its consideration of general measures of implementation, and in the light of the principles of indivisibility and interdependence of human rights, the Committee consistently urges States parties, if they have not already done so, to ratify the two Optional Protocols to the Convention on the Rights of the Child (on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography) and the six other major international human rights instruments. During its dialogue with States parties the Committee often encourages them to consider ratifying other relevant international instruments. A non-exhaustive list of these instruments is annexed to the present general comment, which the Committee will update from time to time.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["III. RATIFICATION OF OTHER KEY INTERNATIONAL HUMAN RIGHTS INSTRUMENTS"]},{"id":"crc-gc-2003-5-0018","docId":"crc-gc-2003-5","idx":18,"n":18,"text":"The Committee believes a comprehensive review of all domestic legislation and related administrative guidance to ensure full compliance with the Convention is an obligation. Its experience in examining not only initial but now second and third periodic reports under the Convention suggests that the review process at the national level has, in most cases, been started, but needs to be more rigorous. The review needs to consider the Convention not only article by article, but also holistically, recognizing the interdependence and indivisibility of human rights. The review needs to be continuous rather than one-off, reviewing proposed as well as existing legislation. And while it is important that this review process should be built into the machinery of all relevant government departments, it is also advantageous to have independent review by, for example, parliamentary committees and hearings, national human rights institutions, NGOs, academics, affected children and young people and others.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"]},{"id":"crc-gc-2003-5-0019","docId":"crc-gc-2003-5","idx":19,"n":19,"text":"States parties need to ensure, by all appropriate means, that the provisions of the Convention are given legal effect within their domestic legal systems. This remains a challenge in many States parties. Of particular importance is the need to clarify the extent of applicability of the Convention in States where the principle of “self-execution” applies and others where it is claimed that the Convention “has constitutional status” or has been incorporated into domestic law.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"]},{"id":"crc-gc-2003-5-0020","docId":"crc-gc-2003-5","idx":20,"n":20,"text":"The Committee welcomes the incorporation of the Convention into domestic law, which is the traditional approach to the implementation of international human rights instruments in some but not all States. Incorporation should mean that the provisions of the Convention can be directly invoked before the courts and applied by national authorities and that the Convention will prevail where there is a conflict with domestic legislation or common practice. Incorporation by itself does not avoid the need to ensure that all relevant domestic law, including any local or customary law, is brought into compliance with the Convention. In case of any conflict in legislation, predominance should always be given to the Convention, in the light of article 27 of the Vienna Convention on the Law of Treaties. Where a State delegates powers to legislate to federated regional or territorial governments, it must also require these subsidiary governments to legislate within the framework of the Convention and to ensure effective implementation (see also paragraphs 40 et seq. below). CRC/GC/2003/5 page 7","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-gc-2003-5-0021","docId":"crc-gc-2003-5","idx":21,"n":21,"text":"Some States have suggested to the Committee that the inclusion in their Constitution of guarantees of rights for “everyone” is adequate to ensure respect for these rights for children. The test must be whether the applicable rights are truly realized for children and can be directly invoked before the courts. The Committee welcomes the inclusion of sections on the rights of the child in national constitutions, reflecting key principles in the Convention, which helps to underline the key message of the Convention - that children alongside adults are holders of human rights. But this inclusion does not automatically ensure respect for the rights of children. In order to promote the full implementation of these rights, including, where appropriate, the exercise of rights by children themselves, additional legislative and other measures may be necessary.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"]},{"id":"crc-gc-2003-5-0022","docId":"crc-gc-2003-5","idx":22,"n":22,"text":"The Committee emphasizes, in particular, the importance of ensuring that domestic law reflects the identified general principles in the Convention (arts. 2, 3, 6 and 12 (see paragraph 12 above)). The Committee welcomes the development of consolidated children’s rights statutes, which can highlight and emphasize the Convention’s principles. But the Committee emphasizes that it is crucial in addition that all relevant “sectoral” laws (on education, health, justice and so on) reflect consistently the principles and standards of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"],"citedArticles":[{"treaty":"CRC","article":"2","source":"opus","confidence":"high","rationale":"\"the identified general principles in the Convention (arts. 2, 3, 6 and 12 …)\": the CRC itself"},{"treaty":"CRC","article":"3","source":"opus","confidence":"high","rationale":"\"the identified general principles in the Convention (arts. 2, 3, 6 and 12 …)\": the CRC itself"},{"treaty":"CRC","article":"6","source":"opus","confidence":"high","rationale":"\"the identified general principles in the Convention (arts. 2, 3, 6 and 12 …)\": the CRC itself"},{"treaty":"CRC","article":"12","source":"opus","confidence":"high","rationale":"\"the identified general principles in the Convention (arts. 2, 3, 6 and 12 …)\": the CRC itself"}]},{"id":"crc-gc-2003-5-0023","docId":"crc-gc-2003-5","idx":23,"n":23,"text":"The Committee encourages all States parties to enact and implement within their jurisdiction legal provisions that are more conducive to the realization of the rights of the child than those contained in the Convention, in the light of article 41. The Committee emphasizes that the other international human rights instruments apply to all persons below the age of 18 years.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["IV. LEGISLATIVE MEASURES"],"citedArticles":[{"treaty":"CRC","article":"41","source":"regex"}]},{"id":"crc-gc-2003-5-0024","docId":"crc-gc-2003-5","idx":24,"n":24,"text":"For rights to have meaning, effective remedies must be available to redress violations. This requirement is implicit in the Convention and consistently referred to in the other six major international human rights treaties. Children’s special and dependent status creates real difficulties for them in pursuing remedies for breaches of their rights. So States need to give particular attention to ensuring that there are effective, child-sensitive procedures available to children and their representatives. These should include the provision of child-friendly information, advice, advocacy, including support for self-advocacy, and access to independent complaints procedures and to the courts with necessary legal and other assistance. Where rights are found to have been breached, there should be appropriate reparation, including compensation, and, where needed, measures to promote physical and psychological recovery, rehabilitation and reintegration, as required by article 39.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. JUSTICIABILITY OF RIGHTS"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2003-5-0025","docId":"crc-gc-2003-5","idx":25,"n":25,"text":"As noted in paragraph 6 above, the Committee emphasizes that economic, social and cultural rights, as well as civil and political rights, must be regarded as justiciable. It is essential that domestic law sets out entitlements in sufficient detail to enable remedies for non-compliance to be effective.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["V. JUSTICIABILITY OF RIGHTS"]},{"id":"crc-gc-2003-5-0026","docId":"crc-gc-2003-5","idx":26,"n":26,"text":"The Committee cannot prescribe in detail the measures which each or every State party will find appropriate to ensure effective implementation of the Convention. But from its first","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES"]},{"id":"crc-gc-2003-5-0027","docId":"crc-gc-2003-5","idx":27,"n":27,"text":"The Committee believes that effective implementation of the Convention requires visible cross-sectoral coordination to recognize and realize children’s rights across Government, between different levels of government and between Government and civil society - including in particular children and young people themselves. Invariably, many different government departments and other governmental or quasi-governmental bodies affect children’s lives and children’s enjoyment of their rights. Few, if any, government departments have no effect on children’s lives, direct or indirect. Rigorous monitoring of implementation is required, which should be built into the process of government at all levels but also independent monitoring by national human rights institutions, NGOs and others.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES"]},{"id":"crc-gc-2003-5-0028","docId":"crc-gc-2003-5","idx":28,"n":28,"text":"If Government as a whole and at all levels is to promote and respect the rights of the child, it needs to work on the basis of a unifying, comprehensive and rights-based national strategy, rooted in the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0029","docId":"crc-gc-2003-5","idx":29,"n":29,"text":"The Committee commends the development of a comprehensive national strategy or national plan of action for children, built on the framework of the Convention. The Committee expects States parties to take account of the recommendations in its concluding observations on their periodic reports when developing and/or reviewing their national strategies. If such a strategy is to be effective, it needs to relate to the situation of all children, and to all the rights in the Convention. It will need to be developed through a process of consultation, including with children and young people and those living and working with them. As noted above (para. 12), meaningful consultation with children requires special child-sensitive materials and processes; it is not simply about extending to children access to adult processes.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0030","docId":"crc-gc-2003-5","idx":30,"n":30,"text":"Particular attention will need to be given to identifying and giving priority to marginalized and disadvantaged groups of children. The non-discrimination principle in the Convention requires that all the rights guaranteed by the Convention should be recognized for all children within the jurisdiction of States. As noted above (para. 12), the non-discrimination principle does not prevent the taking of special measures to diminish discrimination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0031","docId":"crc-gc-2003-5","idx":31,"n":31,"text":"To give the strategy authority, it will need to be endorsed at the highest level of government. Also, it needs to be linked to national development planning and included in national budgeting; otherwise, the strategy may remain marginalized outside key decision-making processes.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0032","docId":"crc-gc-2003-5","idx":32,"n":32,"text":"The strategy must not be simply a list of good intentions; it must include a description of a sustainable process for realizing the rights of children throughout the State; it must go beyond statements of policy and principle, to set real and achievable targets in relation to the full range of economic, social and cultural and civil and political rights for all children. The comprehensive national strategy may be elaborated in sectoral national plans of action - for example for education and health - setting out specific goals, targeted implementation measures and allocation of financial and human resources. The strategy will inevitably set priorities, but it CRC/GC/2003/5 page 9 must not neglect or dilute in any way the detailed obligations which States parties have accepted under the Convention. The strategy needs to be adequately resourced, in human and financial terms.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0033","docId":"crc-gc-2003-5","idx":33,"n":33,"text":"Developing a national strategy is not a one-off task. Once drafted the strategy will need to be widely disseminated throughout Government and to the public, including children (translated into child-friendly versions as well as into appropriate languages and forms). The strategy will need to include arrangements for monitoring and continuous review, for regular updating and for periodic reports to parliament and to the public.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0034","docId":"crc-gc-2003-5","idx":34,"n":34,"text":"The “national plans of action” which States were encouraged to develop following the first World Summit for Children, held in 1990, were related to the particular commitments set by nations attending the Summit.[[fn:9]] In 1993, the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights, called on States to integrate the Convention on the Rights of the Child into their national human rights action plans.[[fn:10]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":9,"text":"World Summit for Children, “World Declaration on the Survival, Protection and Development of Children and Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1990s”, CF/WSC/1990/WS-001, United Nations, New York, 30 September 1990."},{"n":10,"text":"World Conference on Human Rights, Vienna, 14-25 June 1993, “Vienna Declaration and Programme of Action”, A/CONF.157/23."}],"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0035","docId":"crc-gc-2003-5","idx":35,"n":35,"text":"The outcome document of the United Nations General Assembly special session on children, in 2002, also commits States “to develop or strengthen as a matter of urgency if possible by the end of 2003 national and, where appropriate, regional action plans with a set of specific time-bound and measurable goals and targets based on this plan of action …”.[[fn:11]] The Committee welcomes the commitments made by States to achieve the goals and targets set at the special session on children and identified in the outcome document, A World Fit for Children. But the Committee emphasizes that making particular commitments at global meetings does not in any way reduce States parties’ legal obligations under the Convention. Similarly, preparing specific plans of action in response to the special session does not reduce the need for a comprehensive implementation strategy for the Convention. States should integrate their response to the 2002 special session and to other relevant global conferences into their overall implementation strategy for the Convention as a whole.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":11,"text":"A World Fit for Children, outcome document of the United Nations General Assembly special session on children, 2002, para. 59."}],"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0036","docId":"crc-gc-2003-5","idx":36,"n":36,"text":"The outcome document also encourages States parties to “consider including in their reports to the Committee on the Rights of the Child information on measures taken and results achieved in the implementation of the present Plan of Action”.[[fn:12]] The Committee endorses this proposal; it is committed to monitoring progress towards meeting the commitments made at the special session and will provide further guidance in its revised guidelines for periodic reporting under the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":12,"text":"Ibid., para. 61 (a).","isIbid":true,"resolvedText":"A World Fit for Children, outcome document of the United Nations General Assembly special session on children, 2002, para. 59."}],"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","A. Developing a comprehensive national strategy rooted in the Convention"]},{"id":"crc-gc-2003-5-0037","docId":"crc-gc-2003-5","idx":37,"n":37,"text":"In examining States parties’ reports the Committee has almost invariably found it necessary to encourage further coordination of government to ensure effective implementation: coordination among central government departments, among different provinces and regions, between central and other levels of government and between Government and civil society. The purpose of coordination is to ensure respect for all of the Convention’s principles and standards for all children within the State jurisdiction; to ensure that the obligations inherent in ratification of or accession to the Convention are not only recognized by those large departments which have a substantial impact on children - education, health or welfare and so on - but right across Government, including for example departments concerned with finance, planning, employment and defence, and at all levels. CRC/GC/2003/5 page 10","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","B. Coordination of implementation of children’s rights"]},{"id":"crc-gc-2003-5-0038","docId":"crc-gc-2003-5","idx":38,"n":38,"text":"The Committee believes that, as a treaty body, it is not advisable for it to attempt to prescribe detailed arrangements appropriate for very different systems of government across States parties. There are many formal and informal ways of achieving effective coordination, including for example inter-ministerial and interdepartmental committees for children. The Committee proposes that States parties, if they have not already done so, should review the machinery of government from the perspective of implementation of the Convention and in particular of the four articles identified as providing general principles (see paragraph 12 above).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","B. Coordination of implementation of children’s rights"]},{"id":"crc-gc-2003-5-0039","docId":"crc-gc-2003-5","idx":39,"n":39,"text":"Many States parties have with advantage developed a specific department or unit close to the heart of Government, in some cases in the President’s or Prime Minister’s or Cabinet office, with the objective of coordinating implementation and children’s policy. As noted above, the actions of virtually all government departments impact on children’s lives. It is not practicable to bring responsibility for all children’s services together into a single department, and in any case doing so could have the danger of further marginalizing children in Government. But a special unit, if given high-level authority - reporting directly, for example, to the Prime Minister, the President or a Cabinet Committee on children - can contribute both to the overall purpose of making children more visible in Government and to coordination to ensure respect for children’s rights across Government and at all levels of Government. Such a unit can be given responsibility for developing the comprehensive children’s strategy and monitoring its implementation, as well as for coordinating reporting under the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","B. Coordination of implementation of children’s rights"]},{"id":"crc-gc-2003-5-0040","docId":"crc-gc-2003-5","idx":40,"n":40,"text":"The Committee has found it necessary to emphasize to many States that decentralization of power, through devolution and delegation of government, does not in any way reduce the direct responsibility of the State party’s Government to fulfil its obligations to all children within its jurisdiction, regardless of the State structure.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","C. Decentralization, federalization and delegation"]},{"id":"crc-gc-2003-5-0041","docId":"crc-gc-2003-5","idx":41,"n":41,"text":"The Committee reiterates that in all circumstances the State which ratified or acceded to the Convention remains responsible for ensuring the full implementation of the Convention throughout the territories under its jurisdiction. In any process of devolution, States parties have to make sure that the devolved authorities do have the necessary financial, human and other resources effectively to discharge responsibilities for the implementation of the Convention. The Governments of States parties must retain powers to require full compliance with the Convention by devolved administrations or local authorities and must establish permanent monitoring mechanisms to ensure that the Convention is respected and applied for all children within its jurisdiction without discrimination. Further, there must be safeguards to ensure that decentralization or devolution does not lead to discrimination in the enjoyment of rights by children in different regions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","C. Decentralization, federalization and delegation"]},{"id":"crc-gc-2003-5-0042","docId":"crc-gc-2003-5","idx":42,"n":42,"text":"The process of privatization of services can have a serious impact on the recognition and realization of children’s rights. The Committee devoted its 2002 day of general discussion to the theme “The private sector as service provider and its role in implementing child rights”, defining the private sector as including businesses, NGOs and other private associations, both for profit and not-for-profit. Following that day of general discussion, the Committee adopted detailed recommendations to which it draws the attention of States parties.[[fn:13]] CRC/GC/2003/5 page 11","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":13,"text":"Committee on the Rights of the Child, Report on its thirty-first session, September-October 2002, Day of General Discussion on “The private sector as service provider and its role in implementing child rights”, paras. 630-653."}],"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","D. Privatization"]},{"id":"crc-gc-2003-5-0043","docId":"crc-gc-2003-5","idx":43,"n":43,"text":"The Committee emphasizes that States parties to the Convention have a legal obligation to respect and ensure the rights of children as stipulated in the Convention, which includes the obligation to ensure that non-State service providers operate in accordance with its provisions, thus creating indirect obligations on such actors.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","D. Privatization"]},{"id":"crc-gc-2003-5-0044","docId":"crc-gc-2003-5","idx":44,"n":44,"text":"The Committee emphasizes that enabling the private sector to provide services, run institutions and so on does not in any way lessen the State’s obligation to ensure for all children within its jurisdiction the full recognition and realization of all rights in the Convention (arts. 2 (1) and 3 (2)). Article 3 (1) establishes that the best interests of the child shall be a primary consideration in all actions concerning children, whether undertaken by public or private bodies. Article 3 (3) requires the establishment of appropriate standards by competent bodies (bodies with the appropriate legal competence), in particular, in the areas of health, and with regard to the number and suitability of staff. This requires rigorous inspection to ensure compliance with the Convention. The Committee proposes that there should be a permanent monitoring mechanism or process aimed at ensuring that all State and non-State service providers respect the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","D. Privatization"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"3","paragraph":"3","source":"regex"}]},{"id":"crc-gc-2003-5-0045","docId":"crc-gc-2003-5","idx":45,"n":45,"text":"Ensuring that the best interests of the child are a primary consideration in all actions concerning children (art. 3 (1)), and that all the provisions of the Convention are respected in legislation and policy development and delivery at all levels of government demands a continuous process of child impact assessment (predicting the impact of any proposed law, policy or budgetary allocation which affects children and the enjoyment of their rights) and child impact evaluation (evaluating the actual impact of implementation). This process needs to be built into government at all levels and as early as possible in the development of policy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","E. Monitoring implementation - the need for child impact assessment and evaluation"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2003-5-0046","docId":"crc-gc-2003-5","idx":46,"n":46,"text":"Self-monitoring and evaluation is an obligation for Governments. But the Committee also regards as essential the independent monitoring of progress towards implementation by, for example, parliamentary committees, NGOs, academic institutions, professional associations, youth groups and independent human rights institutions (see paragraph 65 below).","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","E. Monitoring implementation - the need for child impact assessment and evaluation"]},{"id":"crc-gc-2003-5-0047","docId":"crc-gc-2003-5","idx":47,"n":47,"text":"The Committee commends certain States which have adopted legislation requiring the preparation and presentation to parliament and/or the public of formal impact analysis statements. Every State should consider how it can ensure compliance with article 3 (1) and do so in a way which further promotes the visible integration of children in policy-making and sensitivity to their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","E. Monitoring implementation - the need for child impact assessment and evaluation"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2003-5-0048","docId":"crc-gc-2003-5","idx":48,"n":48,"text":"Collection of sufficient and reliable data on children, disaggregated to enable identification of discrimination and/or disparities in the realization of rights, is an essential part of implementation. The Committee reminds States parties that data collection needs to extend over the whole period of childhood, up to the age of 18 years. It also needs to be coordinated throughout the jurisdiction, ensuring nationally applicable indicators. States should collaborate with appropriate research institutes and aim to build up a complete picture of progress towards implementation, with qualitative as well as quantitative studies. The reporting guidelines for CRC/GC/2003/5 page 12 periodic reports call for detailed disaggregated statistical and other information covering all areas of the Convention. It is essential not merely to establish effective systems for data collection, but to ensure that the data collected are evaluated and used to assess progress in implementation, to identify problems and to inform all policy development for children. Evaluation requires the development of indicators related to all rights guaranteed by the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","F. Data collection and analysis and development of indicators"]},{"id":"crc-gc-2003-5-0049","docId":"crc-gc-2003-5","idx":49,"n":49,"text":"The Committee commends States parties which have introduced annual publication of comprehensive reports on the state of children’s rights throughout their jurisdiction. Publication and wide dissemination of and debate on such reports, including in parliament, can provide a focus for broad public engagement in implementation. Translations, including child-friendly versions, are essential for engaging children and minority groups in the process.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","F. Data collection and analysis and development of indicators"]},{"id":"crc-gc-2003-5-0050","docId":"crc-gc-2003-5","idx":50,"n":50,"text":"The Committee emphasizes that, in many cases, only children themselves are in a position to indicate whether their rights are being fully recognized and realized. Interviewing children and using children as researchers (with appropriate safeguards) is likely to be an important way of finding out, for example, to what extent their civil rights, including the crucial right set out in article 12, to have their views heard and given due consideration, are respected within the family, in schools and so on.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","F. Data collection and analysis and development of indicators"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-5-0051","docId":"crc-gc-2003-5","idx":51,"n":51,"text":"In its reporting guidelines and in the consideration of States parties’ reports, the Committee has paid much attention to the identification and analysis of resources for children in national and other budgets.[[fn:14]] No State can tell whether it is fulfilling children’s economic, social and cultural rights “to the maximum extent of … available resources”, as it is required to do under article 4, unless it can identify the proportion of national and other budgets allocated to the social sector and, within that, to children, both directly and indirectly. Some States have claimed it is not possible to analyse national budgets in this way. But others have done it and publish annual “children’s budgets”. The Committee needs to know what steps are taken at all levels of Government to ensure that economic and social planning and decision-making and budgetary decisions are made with the best interests of children as a primary consideration and that children, including in particular marginalized and disadvantaged groups of children, are protected from the adverse effects of economic policies or financial downturns.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":14,"text":"General Guidelines Regarding the Form and Contents of Periodic Reports to be Submitted under Article 44, Paragraph 1(b), of the Convention on the Rights of the Child, CRC/C/58, 20 November 1996, para. 20."}],"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","G. Making children visible in budgets"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2003-5-0052","docId":"crc-gc-2003-5","idx":52,"n":52,"text":"Emphasizing that economic policies are never neutral in their effect on children’s rights, the Committee has been deeply concerned by the often negative effects on children of structural adjustment programmes and transition to a market economy. The implementation duties of article 4 and other provisions of the Convention demand rigorous monitoring of the effects of such changes and adjustment of policies to protect children’s economic, social and cultural rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","G. Making children visible in budgets"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-gc-2003-5-0053","docId":"crc-gc-2003-5","idx":53,"n":53,"text":"The Committee emphasizes States’ obligation to develop training and capacity-building for all those involved in the implementation process - government officials, parliamentarians and members of the judiciary - and for all those working with and for children. These include, for example, community and religious leaders, teachers, social workers and other professionals,","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","H. Training and capacity-building"]},{"id":"crc-gc-2003-5-0054","docId":"crc-gc-2003-5","idx":54,"n":54,"text":"The Committee’s guidelines for periodic reports mention many aspects of training, including specialist training, which are essential if all children are to enjoy their rights. The Convention highlights the importance of the family in its preamble and in many articles. It is particularly important that the promotion of children’s rights should be integrated into preparation for parenthood and parenting education.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","H. Training and capacity-building"]},{"id":"crc-gc-2003-5-0055","docId":"crc-gc-2003-5","idx":55,"n":55,"text":"There should be periodic evaluation of the effectiveness of training, reviewing not only knowledge of the Convention and its provisions but also the extent to which it has contributed to developing attitudes and practice which actively promote enjoyment by children of their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["VI. ADMINISTRATIVE AND OTHER MEASURES","H. Training and capacity-building"]},{"id":"crc-gc-2003-5-0056","docId":"crc-gc-2003-5","idx":56,"n":56,"text":"Implementation is an obligation for States parties, but needs to engage all sectors of society, including children themselves. The Committee recognizes that responsibilities to respect and ensure the rights of children extend in practice beyond the State and State-controlled services and institutions to include children, parents and wider families, other adults, and non-State services and organizations. The Committee concurs, for example, with general comment No. 14 (2000) of the Committee on Economic, Social and Cultural Rights on the right to the highest attainable standard of health, paragraph 42, of which states: “While only States are parties to the Covenant and thus ultimately accountable for compliance with it, all members of society - individuals, including health professionals, families, local communities, intergovernmental and non-governmental organizations, civil society organizations, as well as the private business sector - have responsibilities regarding the realization of the right to health. States parties should therefore provide an environment which facilitates the discharge of these responsibilities.”","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society"]},{"id":"crc-gc-2003-5-0057","docId":"crc-gc-2003-5","idx":57,"n":57,"text":"Article 12 of the Convention, as already emphasized (see paragraph 12 above), requires due weight to be given to children’s views in all matters affecting them, which plainly includes implementation of “their” Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-gc-2003-5-0058","docId":"crc-gc-2003-5","idx":58,"n":58,"text":"The State needs to work closely with NGOs in the widest sense, while respecting their autonomy; these include, for example, human rights NGOs, child- and youth-led organizations and youth groups, parent and family groups, faith groups, academic institutions and professional associations. NGOs played a crucial part in the drafting of the Convention and their involvement in the process of implementation is vital. CRC/GC/2003/5 page 14","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society"]},{"id":"crc-gc-2003-5-0059","docId":"crc-gc-2003-5","idx":59,"n":59,"text":"The Committee welcomes the development of NGO coalitions and alliances committed to promoting, protecting and monitoring children’s human rights and urges Governments to give them non-directive support and to develop positive formal as well as informal relationships with them. The engagement of NGOs in the reporting process under the Convention, coming within the definition of “competent bodies” under article 45 (a), has in many cases given a real impetus to the process of implementation as well as reporting. The NGO Group for the Convention on the Rights of the Child has a very welcome, strong and supportive impact on the reporting process and other aspects of the Committee’s work. The Committee underlines in its reporting guidelines that the process of preparing a report “should encourage and facilitate popular participation and public scrutiny of government policies”.[[fn:15]] The media can be valuable partners in the process of implementation (see also paragraph 70).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":15,"text":"Ibid., para. 3.","isIbid":true,"resolvedText":"General Guidelines Regarding the Form and Contents of Periodic Reports to be Submitted under Article 44, Paragraph 1(b), of the Convention on the Rights of the Child, CRC/C/58, 20 November 1996, para. 20."}],"section":["I. Cooperation with civil society"],"citedArticles":[{"treaty":"CRC","article":"45","source":"regex"}]},{"id":"crc-gc-2003-5-0060","docId":"crc-gc-2003-5","idx":60,"n":60,"text":"Article 4 emphasizes that implementation of the Convention is a cooperative exercise for the States of the world. This article and others in the Convention highlight the need for international cooperation.[[fn:16]] The Charter of the United Nations (Arts. 55 and 56) identifies the overall purposes of international economic and social cooperation, and members pledge themselves under the Charter “to take joint and separate action in cooperation with the Organization” to achieve these purposes. In the United Nations Millennium Declaration and at other global meetings, including the United Nations General Assembly special session on children, States have pledged themselves, in particular, to international cooperation to eliminate poverty.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":16,"text":"The following articles of the Convention relate to international cooperation explicitly: articles 7 (2); 11 (2); 17 (b); 21 (e); 22 (2); 23 (4); 24 (4); 27 (4); 28 (3); 34 and 35."}],"section":["I. Cooperation with civil society","J. International cooperation"],"citedArticles":[{"article":"4","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text opens 'Article 4 emphasizes that implementation of the Convention is a cooperative exercise', referring to CRC article 4 on implementation and international cooperation."}]},{"id":"crc-gc-2003-5-0061","docId":"crc-gc-2003-5","idx":61,"n":61,"text":"The Committee advises States parties that the Convention should form the framework for international development assistance related directly or indirectly to children and that programmes of donor States should be rights-based. The Committee urges States to meet internationally agreed targets, including the United Nations target for international development assistance of 0.7 per cent of gross domestic product. This goal was reiterated along with other targets in the Monterrey Consensus, arising from the 2002 International Conference on Financing for Development.[[fn:17]] The Committee encourages States parties that receive international aid and assistance to allocate a substantive part of that aid specifically to children. The Committee expects States parties to be able to identify on a yearly basis the amount and proportion of international support earmarked for the implementation of children’s rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":17,"text":"Report of the International Conference on Financing for Development, Monterrey, Mexico, 18-22 March 2002 (A/Conf.198/11)."}],"section":["I. Cooperation with civil society","J. International cooperation"]},{"id":"crc-gc-2003-5-0062","docId":"crc-gc-2003-5","idx":62,"n":62,"text":"The Committee endorses the aims of the 20/20 initiative, to achieve universal access to basic social services of good quality on a sustainable basis, as a shared responsibility of developing and donor States. The Committee notes that international meetings held to review progress have concluded that many States are going to have difficulty meeting fundamental economic and social rights unless additional resources are allocated and efficiency in resource allocation is increased. The Committee takes note of and encourages efforts being made to reduce poverty in the most heavily indebted countries through the Poverty Reduction Strategy Paper (PRSP). As the central, country-led strategy for achieving the millennium development goals, PRSPs must include a strong focus on children’s rights. The Committee urges Governments, donors and civil society to ensure that children are a prominent priority in the development of PRSPs and sectorwide approaches to development (SWAps). Both PRSPs","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","J. International cooperation"]},{"id":"crc-gc-2003-5-0063","docId":"crc-gc-2003-5","idx":63,"n":63,"text":"The Committee encourages States to provide and to use, as appropriate, technical assistance in the process of implementing the Convention. The United Nations Children’s Fund (UNICEF), the Office of the High Commissioner for Human Rights (OHCHR) and other United Nations and United Nations-related agencies can provide technical assistance with many aspects of implementation. States parties are encouraged to identify their interest in technical assistance in their reports under the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","J. International cooperation"]},{"id":"crc-gc-2003-5-0064","docId":"crc-gc-2003-5","idx":64,"n":64,"text":"In their promotion of international cooperation and technical assistance, all United Nations and United Nations-related agencies should be guided by the Convention and should mainstream children’s rights throughout their activities. They should seek to ensure within their influence that international cooperation is targeted at supporting States to fulfil their obligations under the Convention. Similarly the World Bank Group, the International Monetary Fund and World Trade Organization should ensure that their activities related to international cooperation and economic development give primary consideration to the best interests of children and promote full implementation of the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","J. International cooperation"]},{"id":"crc-gc-2003-5-0065","docId":"crc-gc-2003-5","idx":65,"n":65,"text":"In its general comment No. 2 (2002) entitled “The role of independent national human rights institutions in the protection and promotion of the rights of the child”, the Committee notes that it “considers the establishment of such bodies to fall within the commitment made by States parties upon ratification to ensure the implementation of the Convention and advance the universal realization of children’s rights”. Independent human rights institutions are complementary to effective government structures for children; the essential element is independence: “The role of national human rights institutions is to monitor independently the State’s compliance and progress towards implementation and to do all it can to ensure full respect for children’s rights. While this may require the institution to develop projects to enhance the promotion and protection of children’s rights, it should not lead to the Government delegating its monitoring obligations to the national institution. It is essential that institutions remain entirely free to set their own agenda and determine their own activities.” General comment No. 2 provides detailed guidance on the establishment and operation of independent human rights institutions for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":18,"text":"HRI/GEN/1/Rev. 6, para. 25, p. 295."}],"section":["I. Cooperation with civil society","K. Independent human rights institutions"]},{"id":"crc-gc-2003-5-0066","docId":"crc-gc-2003-5","idx":66,"n":66,"text":"Individuals need to know what their rights are. Traditionally in most, if not all, societies children have not been regarded as rights holders. So article 42 acquires a particular importance. If the adults around children, their parents and other family members, teachers and carers do not","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","Article 42: Making the Convention known to adults and children"],"citedArticles":[{"treaty":"CRC","article":"42","source":"regex"}]},{"id":"crc-gc-2003-5-0067","docId":"crc-gc-2003-5","idx":67,"n":67,"text":"The Committee proposes that States should develop a comprehensive strategy for disseminating knowledge of the Convention throughout society. This should include information on those bodies - governmental and independent - involved in implementation and monitoring and on how to contact them. At the most basic level, the text of the Convention needs to be made widely available in all languages (and the Committee commends the collection of official and unofficial translations of the Convention made by OHCHR. There needs to be a strategy for dissemination of the Convention among illiterate people. UNICEF and NGOs in many States have developed child-friendly versions of the Convention for children of various ages - a process the Committee welcomes and encourages; these should also inform children of sources of help and advice.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","Article 42: Making the Convention known to adults and children"]},{"id":"crc-gc-2003-5-0068","docId":"crc-gc-2003-5","idx":68,"n":68,"text":"Children need to acquire knowledge of their rights and the Committee places special emphasis on incorporating learning about the Convention and human rights in general into the school curriculum at all stages. The Committee’s general comment No. 1 (2001) entitled “The aims of education” (art. 29, para. 1), should be read in conjunction with this. Article 29, paragraph 1, requires that the education of the child shall be directed to “… the development of respect for human rights and fundamental freedoms … ”. The general comment underlines: “Human rights education should provide information on the content of human rights treaties. But children should also learn about human rights by seeing human rights standards implemented in practice whether at home, in school or within the community. Human rights education should be a comprehensive, lifelong process and start with the reflection of human rights values in the daily life and experiences of children.”[[fn:19]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":19,"text":"Ibid., para. 15, p. 286.","isIbid":true,"resolvedText":"HRI/GEN/1/Rev. 6, para. 25, p. 295."}],"section":["I. Cooperation with civil society","Article 42: Making the Convention known to adults and children"],"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-gc-2003-5-0069","docId":"crc-gc-2003-5","idx":69,"n":69,"text":"Similarly, learning about the Convention needs to be integrated into the initial and inservice training of all those working with and for children (see paragraph 53 above). The Committee reminds States parties of the recommendations it made following its meeting on general measures of implementation held to commemorate the tenth anniversary of adoption of the Convention, in which it recalled that “dissemination and awareness-raising about the rights of the child are most effective when conceived as a process of social change, of interaction and dialogue rather than lecturing. Raising awareness should involve all sectors of society, including children and young people. Children, including adolescents, have the right to participate in raising awareness about their rights to the maximum extent of their evolving capacities”.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":20,"text":"See CRC/C/90, para. 291 (k)."},{"n":21,"text":"Ibid., para. 291 (l).","isIbid":true,"resolvedText":"See CRC/C/90, para. 291 (k)."}],"section":["I. Cooperation with civil society","Article 42: Making the Convention known to adults and children"]},{"id":"crc-gc-2003-5-0070","docId":"crc-gc-2003-5","idx":70,"n":70,"text":"The media can play a crucial role in the dissemination of the Convention and knowledge and understanding of it and the Committee encourages their voluntary engagement in the process, which may be stimulated by governments and by NGOs.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"footnotes":[{"n":22,"text":"The Committee held a day of general discussion on the theme “The child and the media” in 1996, adopting detailed recommendations (see CRC/C/57, paras. 242 et seq.)."}],"section":["I. Cooperation with civil society","Article 42: Making the Convention known to adults and children"]},{"id":"crc-gc-2003-5-0071","docId":"crc-gc-2003-5","idx":71,"n":71,"text":"If reporting under the Convention is to play the important part it should in the process of implementation at the national level, it needs to be known about by adults and children throughout the State party. The reporting process provides a unique form of international accountability for how States treat children and their rights. But unless reports are disseminated and constructively debated at the national level, the process is unlikely to have substantial impact on children’s lives.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","Article 44 (6): Making reports under the Convention widely available"]},{"id":"crc-gc-2003-5-0072","docId":"crc-gc-2003-5","idx":72,"n":72,"text":"The Convention explicitly requires States to make their reports widely available to the public; this should be done when they are submitted to the Committee. Reports should be made genuinely accessible, for example through translation into all languages, into appropriate forms for children and for people with disabilities and so on. The Internet may greatly aid dissemination, and Governments and parliaments are strongly urged to place such reports on their web sites.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","Article 44 (6): Making reports under the Convention widely available"]},{"id":"crc-gc-2003-5-0073","docId":"crc-gc-2003-5","idx":73,"n":73,"text":"The Committee urges States to make all the other documentation of the examination of their reports under the Convention widely available to promote constructive debate and inform the process of implementation at all levels. In particular, the Committee’s concluding observations should be disseminated to the public including children and should be the subject of detailed debate in parliament. Independent human rights institutions and NGOs can play a crucial role in helping to ensure widespread debate. The summary records of the examination of government representatives by the Committee aid understanding of the process and of the Committee’s requirements and should also be made available and discussed.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2003,"section":["I. Cooperation with civil society","Article 44 (6): Making reports under the Convention widely available"]},{"id":"crc-gc-2005-6-0001","docId":"crc-gc-2005-6","idx":1,"n":1,"text":"The objective of this general comment is to draw attention to the particularly vulnerable situation of unaccompanied and separated children; to outline the multifaceted challenges faced by States and other actors in ensuring that such children are able to access and enjoy their rights; and, to provide guidance on the protection, care and proper treatment of unaccompanied and separated children based on the entire legal framework provided by the Convention on the Rights of the Child (the “Convention”), with particular reference to the principles of non-discrimination, the best interests of the child and the right of the child to express his or her views freely.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0002","docId":"crc-gc-2005-6","idx":2,"n":2,"text":"The issuing of this general comment is motivated by the Committee’s observation of an increasing number of children in such situations. There are varied and numerous reasons for a child being unaccompanied or separated, including: persecution of the child or the parents; international conflict and civil war; trafficking in various contexts and forms, including sale by parents; and the search for better economic opportunities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0003","docId":"crc-gc-2005-6","idx":3,"n":3,"text":"The issuing of the general comment is further motivated by the Committee’s identification of a number of protection gaps in the treatment of such children, including the following: unaccompanied and separated children face greater risks of, inter alia, sexual exploitation and abuse, military recruitment, child labour (including for their foster families) and detention. They are often discriminated against and denied access to food, shelter, housing, health services and education. Unaccompanied and separated girls are at particular risk of gender-based violence, including domestic violence. In some situations, such children have no access to proper and appropriate identification, registration, age assessment, documentation, family tracing, guardianship systems or legal advice. In many countries, unaccompanied and separated children are routinely denied entry to or detained by border or immigration officials. In other cases they are admitted but are denied access to asylum procedures or their asylum claims are not handled in an age and gender-sensitive manner. Some countries prohibit separated children who are recognized as refugees from applying for family reunification; others permit reunification but impose conditions so restrictive as to make it virtually impossible to achieve. Many such children are granted only temporary status, which ends when they turn 18, and there are few effective return programmes.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0004","docId":"crc-gc-2005-6","idx":4,"n":4,"text":"Concerns such as these have led the Committee to frequently raise issues related to unaccompanied and separated children in its concluding observations. This general comment will compile and consolidate standards developed, inter alia, through the Committee’s monitoring efforts and shall thereby provide clear guidance to States on the obligations deriving from the Convention with regard to this particular vulnerable group of children. In applying these standards, States parties must be cognizant of their evolutionary character and therefore recognize that their obligations may develop beyond the standards articulated herein. These standards shall in no way impair further-reaching rights and benefits offered to unaccompanied and separated children under regional human rights instruments or national systems, international and regional refugee law or international humanitarian law.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0005","docId":"crc-gc-2005-6","idx":5,"n":5,"text":"This general comment applies to unaccompanied and separated children who find themselves outside their country of nationality (consistent with article 7) or, if stateless, outside their country of habitual residence. The general comment applies to all such children irrespective of their residence status and reasons for being abroad, and whether they are unaccompanied or separated. However, it does not apply to children who have not crossed an international border, even though the Committee acknowledges the many similar challenges related to internally displaced unaccompanied and separated children, recognizes that much of the guidance offered below is also valuable in relation to such children, and strongly encourages States to adopt relevant aspects of this general comment in relation to the protection, care and treatment of unaccompanied and separated children who are displaced within their own country.","labels":["Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"}]},{"id":"crc-gc-2005-6-0006","docId":"crc-gc-2005-6","idx":6,"n":6,"text":"While the mandate of the Committee is confined to its supervisory function in relation to the Convention, its interpretation efforts must be conducted in the context of the entirety of applicable international human rights norms and, therefore, the general comment adopts a holistic approach to the question of the proper treatment of unaccompanied and separated children. This acknowledges that all human rights, including those contained in the Convention, are indivisible and interdependent. The importance of other international human rights instruments to the protection of the child is also recognized in the preamble to the Convention.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0007","docId":"crc-gc-2005-6","idx":7,"n":7,"text":"“Unaccompanied children” (also called unaccompanied minors) are children, as defined in article 1 of the Convention, who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0008","docId":"crc-gc-2005-6","idx":8,"n":8,"text":"“Separated children” are children, as defined in article 1 of the Convention, who have been separated from both parents, or from their previous legal or customary primary caregiver, but not necessarily from other relatives. These may, therefore, include children accompanied by other adult family members.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0009","docId":"crc-gc-2005-6","idx":9,"n":9,"text":"A “child as defined in article 1 of the Convention”, means “every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier”. This means that any instruments governing children in the territory of the State cannot define a child in any way that deviates from the norms determining the age of majority in that State.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0010","docId":"crc-gc-2005-6","idx":10,"n":10,"text":"If not otherwise specified, the guidelines below apply equally to both unaccompanied and separated children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0011","docId":"crc-gc-2005-6","idx":11,"n":11,"text":"“Country of origin” is the country of nationality or, in the case of a stateless child, the country of habitual residence.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005},{"id":"crc-gc-2005-6-0012","docId":"crc-gc-2005-6","idx":12,"n":12,"text":"State obligations under the Convention apply to each child within the State’s territory and to all children subject to its jurisdiction (art. 2). These State obligations cannot be arbitrarily and unilaterally curtailed either by excluding zones or areas from a State’s territory or by defining particular zones or areas as not, or only partly, under the jurisdiction of the State. Moreover, State obligations under the Convention apply within the borders of a State, including with respect to those children who come under the State’s jurisdiction while attempting to enter the country’s territory. Therefore, the enjoyment of rights stipulated in the Convention is not limited to children who are citizens of a State party and must therefore, if not explicitly stated otherwise in the Convention, also be available to all children - including asylum-seeking, refugee and migrant children - irrespective of their nationality, immigration status or statelessness.","labels":["Refugees & asylum-seekers","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0013","docId":"crc-gc-2005-6","idx":13,"n":13,"text":"Obligations deriving from the Convention vis-à-vis unaccompanied and separated children apply to all branches of government (executive, legislative and judicial). They include the obligation to establish national legislation; administrative structures; and the necessary research, information, data compilation and comprehensive training activities to support such measures. Such legal obligations are both negative and positive in nature, requiring States not only to refrain from measures infringing on such children’s rights, but also to take measures to ensure the enjoyment of these rights without discrimination. Such responsibilities are not only limited to the provision of protection and assistance to children who are already unaccompanied or separated, but include measures to prevent separation (including the implementation of safeguards in case of evacuation). The positive aspect of these protection obligations also extends to requiring States to take all necessary measures to identify children as being unaccompanied or separated at the earliest possible stage, including at the border, to carry out tracing activities and, where possible and if in the child’s best interest, to reunify separated and unaccompanied children with their families as soon as possible.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0014","docId":"crc-gc-2005-6","idx":14,"n":14,"text":"As reaffirmed in its general comment No. 5 (2003) (paras. 18-23), States parties to the Convention have to ensure that the provisions and principles of the treaty are fully reflected and given legal effect in relevant domestic legislation. In case of any conflict in legislation, predominance should always be given to the Convention, in light of article 27 of the Vienna Convention on the Law of Treaties.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"}]},{"id":"crc-gc-2005-6-0015","docId":"crc-gc-2005-6","idx":15,"n":15,"text":"15. In order to ensure a conducive legal environment and in light of article 41 (b) of the Convention, States parties are also encouraged to ratify other international instruments that address issues relating to unaccompanied and separated children, including the two Optional Protocols to the Convention on the Rights of the Child (on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “CAT”), the Convention on the Elimination of All Forms of Discrimination against Women, the Convention relating to the Status of Refugees (“the 1951 Refugee Convention”)","labels":["Refugees & asylum-seekers","Children","Non-citizens and stateless","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"article":"41","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 41 (b) of the Convention' in a CRC general comment; art. 41 CRC is the 'most favourable provisions' saving clause."}]},{"id":"crc-gc-2005-6-0016","docId":"crc-gc-2005-6","idx":16,"n":16,"text":"In view of the absolute nature of obligations deriving from the Convention and their lex specialis character, article 2, paragraph 3, of the International Covenant on Economic, Social and Cultural Rights would not apply with regard to unaccompanied and separated children. In application of article 4 of the Convention, the particular vulnerability of unaccompanied and separated children, explicitly recognized in article 20 of the Convention, must be taken into account and will result in making the assignment of available resources to such children a priority. States are expected to accept and facilitate assistance offered within their respective mandates by the United Nations Children’s Fund (UNICEF), UNHCR and other agencies (article 22 (2) of the Convention) in order to meet the needs of unaccompanied and separated children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"},{"treaty":"ICESCR","article":"20","source":"regex"},{"treaty":"ICESCR","article":"22","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0017","docId":"crc-gc-2005-6","idx":17,"n":17,"text":"The Committee believes that reservations made by States parties to the Convention should not in any way limit the rights of unaccompanied and separated children. As is systematically done with States parties during the reporting process, the Committee recommends that, in the light of the Vienna Declaration and Programme of Action adopted at the 1993 World Conference on Human Rights in Vienna, reservations limiting the rights of unaccompanied and separated children be reviewed with the objective of withdrawal.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0018","docId":"crc-gc-2005-6","idx":18,"n":18,"text":"The principle of non-discrimination, in all its facets, applies in respect to all dealings with separated and unaccompanied children. In particular, it prohibits any discrimination on the basis of the status of a child as being unaccompanied or separated, or as being a refugee, asylum seeker or migrant. This principle, when properly understood, does not prevent, but may indeed call for, differentiation on the basis of different protection needs such as those deriving from age and/or gender. Measures should also be taken to address possible misperceptions and stigmatization of unaccompanied or separated children within the society. Policing or other measures concerning unaccompanied or separated children relating to public order are only permissible where such measures are based on the law; entail individual rather than collective assessment; comply with the principle of proportionality; and represent the least intrusive option. In order not to violate the prohibition on non-discrimination, such measures can, therefore, never be applied on a group or collective basis.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0019","docId":"crc-gc-2005-6","idx":19,"n":19,"text":"Article 3 (1) states that “[i]n all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. In the case of a displaced child, the principle must be respected during all stages of the displacement cycle. At any of these stages, a best interests determination must be documented in preparation of any decision fundamentally impacting on the unaccompanied or separated child’s life.","labels":["Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"3","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0020","docId":"crc-gc-2005-6","idx":20,"n":20,"text":"A determination of what is in the best interests of the child requires a clear and comprehensive assessment of the child’s identity, including her or his nationality, upbringing, ethnic, cultural and linguistic background, particular vulnerabilities and protection needs. Consequently, allowing the child access to the territory is a prerequisite to this initial assessment process. The assessment process should be carried out in a friendly and safe atmosphere by qualified professionals who are trained in age and gender-sensitive interviewing techniques.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0021","docId":"crc-gc-2005-6","idx":21,"n":21,"text":"Subsequent steps, such as the appointment of a competent guardian as expeditiously as possible, serves as a key procedural safeguard to ensure respect for the best interests of an unaccompanied or separated child. Therefore, such a child should only be referred to asylum or other procedures after the appointment of a guardian. In cases where separated or unaccompanied children are referred to asylum procedures or other administrative or judicial proceedings, they should also be provided with a legal representative in addition to a guardian.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0022","docId":"crc-gc-2005-6","idx":22,"n":22,"text":"Respect for best interests also requires that, where competent authorities have placed an unaccompanied or separated child “for the purposes of care, protection or treatment of his or her physical or mental health”, the State recognizes the right of that child to a “periodic review” of their treatment and “all other circumstances relevant to his or her placement” (article 25 of the Convention).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"25","source":"regex"}]},{"id":"crc-gc-2005-6-0023","docId":"crc-gc-2005-6","idx":23,"n":23,"text":"The obligation of the State party under article 6 includes protection from violence and exploitation, to the maximum extent possible, which would jeopardize a child’s right to life, survival and development. Separated and unaccompanied children are vulnerable to various risks that affect their life, survival and development such as trafficking for purposes of sexual or other exploitation or involvement in criminal activities which could result in harm to the child, or in extreme cases, in death. Accordingly, article 6 necessitates vigilance by States parties in this regard, particularly when organized crime may be involved. While the issue of trafficking of children is beyond the scope of this general comment, the Committee notes that there is often a link between trafficking and the situation of separated and unaccompanied children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-gc-2005-6-0024","docId":"crc-gc-2005-6","idx":24,"n":24,"text":"24. The Committee is of the view that practical measures should be taken at all levels to protect children from the risks mentioned above. Such measures could include: priority procedures for child victims of trafficking, the prompt appointment of guardians, the provision of","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"]},{"id":"crc-gc-2005-6-0025","docId":"crc-gc-2005-6","idx":25,"n":25,"text":"Pursuant to article 12 of the Convention, in determining the measures to be adopted with regard to unaccompanied or separated children, the child’s views and wishes should be elicited and taken into account (art. 12 (1)). To allow for a well-informed expression of such views and wishes, it is imperative that such children are provided with all relevant information concerning, for example, their entitlements, services available including means of communication, the asylum process, family tracing and the situation in their country of origin (arts. 13, 17 and 22 (2)). In guardianship, care and accommodation arrangements, and legal representation, children’s views should also be taken into account. Such information must be provided in a manner that is appropriate to the maturity and level of understanding of each child. As participation is dependent on reliable communication, where necessary, interpreters should be made available at all stages of the procedure.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Legal obligations of States parties for all unaccompanied or separated children in their territory and measures for their implementation"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0026","docId":"crc-gc-2005-6","idx":26,"n":26,"text":"In affording proper treatment of unaccompanied or separated children, States must fully respect non-refoulement obligations deriving from international human rights, humanitarian and refugee law and, in particular, must respect obligations codified in article 33 of the 1951 Refugee Convention and in article 3 of CAT.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Respect for the principle of non-refoulement"],"citedArticles":[{"article":"33","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 33 of the 1951 Refugee Convention' - not in scope."},{"article":"3","treaty":"CAT","confidence":"high","source":"opus","rationale":"Text explicitly says 'article 3 of CAT' (non-refoulement)."}]},{"id":"crc-gc-2005-6-0027","docId":"crc-gc-2005-6","idx":27,"n":27,"text":"Furthermore, in fulfilling obligations under the Convention, States shall not return a child to a country where there are substantial grounds for believing that there is a real risk of irreparable harm to the child, such as, but by no means limited to, those contemplated under articles 6 and 37 of the Convention, either in the country to which removal is to be effected or in any country to which the child may subsequently be removed. Such non-refoulement obligations apply irrespective of whether serious violations of those rights guaranteed under the Convention originate from non-State actors or whether such violations are directly intended or are the indirect consequence of action or inaction. The assessment of the risk of such serious violations should be conducted in an age and gender-sensitive manner and should, for example, take into account the particularly serious consequences for children of the insufficient provision of food or health services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Respect for the principle of non-refoulement"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-gc-2005-6-0028","docId":"crc-gc-2005-6","idx":28,"n":28,"text":"As underage recruitment and participation in hostilities entails a high risk of irreparable harm involving fundamental human rights, including the right to life, State obligations deriving from article 38 of the Convention, in conjunction with articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, entail extraterritorial effects and States shall refrain from returning a child in any manner whatsoever to the borders of a State where there is a real risk of underage recruitment, including recruitment not only as a combatant but also to provide sexual services for the military or where there is a real risk of direct or indirect participation in hostilities, either as a combatant or through carrying out other military duties.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Respect for the principle of non-refoulement"],"citedArticles":[{"article":"38","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 38 of CRC — involvement of children in armed conflict / non-refoulement in that context. Text explicitly states 'article 38 of the Convention'."},{"article":"3","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict' — CRC-OPAC art. 3 (prohibition on compulsory recruitment under 18)."},{"article":"4","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Same sentence: 'articles 3 and 4 of the Optional Protocol … on the involvement of children in armed conflict' — CRC-OPAC art. 4 (non-State armed groups)."}]},{"id":"crc-gc-2005-6-0029","docId":"crc-gc-2005-6","idx":29,"n":29,"text":"States parties must protect the confidentiality of information received in relation to an unaccompanied or separated child, consistent with the obligation to protect the child’s rights, including the right to privacy (art. 16). This obligation applies in all settings, including health and social welfare. Care must be taken that information sought and legitimately shared for one purpose is not inappropriately used for that of another.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(g) Confidentiality"],"citedArticles":[{"treaty":"CRC","article":"16","source":"regex"}]},{"id":"crc-gc-2005-6-0030","docId":"crc-gc-2005-6","idx":30,"n":30,"text":"Confidentiality concerns also involve respect for the rights of others. For example, in obtaining, sharing and preserving the information collected in respect of unaccompanied and separated children, particular care must be taken in order not to endanger the well-being of persons still within the child’s country of origin, especially the child’s family members. Furthermore, information relating to the whereabouts of the child shall only be withheld vis-à-vis the parents where required for the safety of the child or to otherwise secure the “best interests” of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(g) Confidentiality"]},{"id":"crc-gc-2005-6-0031","docId":"crc-gc-2005-6","idx":31,"n":31,"text":"31. The best interests of the child must also be a guiding principle for determining the priority of protection needs and the chronology of measures to be applied in respect of unaccompanied and separated children. This necessary initial assessment process, in particular, entails the following:","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Initial assessment and measures"],"citedArticles":[{"article":"8","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text says '(art. 8)' in CRC GC context on identification of separated children; CRC art. 8 (preservation of identity) is the fit."},{"article":"1","treaty":"CRC","confidence":"medium","source":"opus","rationale":"No explicit art. 1 reference visible in text; likely a spurious regex hit from enumeration markers '(i)' etc. Conservative default to home_treaty CRC kept."},{"article":"1","paragraph":"2","treaty":"CRC","confidence":"medium","source":"opus","rationale":"No explicit art. 1(2) reference visible in text; likely spurious regex hit on enumeration markers '(ii)'. Conservative default to home_treaty CRC kept."}]},{"id":"crc-gc-2005-6-0032","docId":"crc-gc-2005-6","idx":32,"n":32,"text":"Any further actions relating to the residence and other status of the child in the territory of the State should be based on the findings of an initial protection assessment carried out in accordance with the above procedures. States should refrain from referring unaccompanied and separated children into asylum procedures if their presence in the territory does not raise the question of international refugee protection needs. This is without prejudice to the obligation of States to refer unaccompanied or separated children to relevant procedures serving child protection, such as those foreseen under child welfare legislation.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0033","docId":"crc-gc-2005-6","idx":33,"n":33,"text":"States are required to create the underlying legal framework and to take necessary measures to secure proper representation of an unaccompanied or separated child’s best interests. Therefore, States should appoint a guardian or adviser as soon as the unaccompanied or separated child is identified and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the State, in compliance with the Convention and other international obligations. The guardian should be consulted and informed regarding all actions taken in relation to the child. The guardian should have the authority to be present in all planning and decision-making processes, including immigration and appeal hearings, care arrangements and all efforts to search for a durable solution. The guardian or adviser should have the necessary expertise in the field of childcare, so as to ensure that the interests of the child are safeguarded and that the child’s legal, social, health, psychological, material and educational needs are appropriately covered by, inter alia, the guardian acting as a link between the child and existing specialist agencies/individuals who provide the continuum of care required by the child. Agencies or individuals whose interests could potentially be in conflict with those of the child’s should not be eligible for guardianship. For example, non-related adults whose primary relationship to the child is that of an employer should be excluded from a guardianship role.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0034","docId":"crc-gc-2005-6","idx":34,"n":34,"text":"In the case of a separated child, guardianship should regularly be assigned to the accompanying adult family member or non-primary family caretaker unless there is an indication that it would not be in the best interests of the child to do so, for example, where the accompanying adult has abused the child. In cases where a child is accompanied by a non family adult or caretaker, suitability for guardianship must be scrutinized more closely. If such a guardian is able and willing to provide day-to-day care, but unable to adequately represent the child’s best interests in all spheres and at all levels of the child’s life, supplementary measures (such as the appointment of an adviser or legal representative) must be secured.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0035","docId":"crc-gc-2005-6","idx":35,"n":35,"text":"Review mechanisms shall be introduced and implemented to monitor the quality of the exercise of guardianship in order to ensure the best interests of the child are being represented throughout the decision-making process and, in particular, to prevent abuse.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0036","docId":"crc-gc-2005-6","idx":36,"n":36,"text":"In cases where children are involved in asylum procedures or administrative or judicial proceedings, they should, in addition to the appointment of a guardian, be provided with legal representation.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0037","docId":"crc-gc-2005-6","idx":37,"n":37,"text":"At all times children should be informed of arrangements with respect to guardianship and legal representation and their opinions should be taken into consideration.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0038","docId":"crc-gc-2005-6","idx":38,"n":38,"text":"In large-scale emergencies, where it will be difficult to establish guardianship arrangements on an individual basis, the rights and best interests of separated children should be safeguarded and promoted by States and organizations working on behalf of these children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0039","docId":"crc-gc-2005-6","idx":39,"n":39,"text":"Unaccompanied or separated children are children temporarily or permanently deprived of their family environment and, as such, are beneficiaries of States’ obligations under article 20 of the Convention and shall be entitled to special protection and assistance provided by the relevant State.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-gc-2005-6-0040","docId":"crc-gc-2005-6","idx":40,"n":40,"text":"40. Mechanisms established under national law in order to ensure alternative care for such children in accordance with article 22 of the Convention, shall also cover unaccompanied or separated children outside their country of origin. A wide range of options for care and accommodation arrangements exist and are explicitly acknowledged in article 20 (3) as follows: “… inter alia, foster placement, kafalah of Islamic law, adoption or, if necessary, placement in suitable institutions for the care of children”. When selecting from these options, the particular vulnerabilities of such a child, not only having lost connection with his or her family environment, but further finding him or herself outside of his or her country of origin, as well as the child’s age and gender, should be taken into account. In particular, due regard ought to be taken of the desirability of continuity in a child’s upbringing and to the ethnic, religious, cultural and linguistic background as assessed in the identification, registration and documentation process. Such care and accommodation arrangements should comply with the following parameters:","labels":["Refugees & asylum-seekers","Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"22","source":"regex"},{"treaty":"CRC","article":"20","paragraph":"3","source":"regex"}]},{"id":"crc-gc-2005-6-0041","docId":"crc-gc-2005-6","idx":41,"n":41,"text":"States should ensure that access to education is maintained during all phases of the displacement cycle. Every unaccompanied and separated child, irrespective of status, shall have full access to education in the country that they have entered in line with articles 28, 29 (1) (c), 30 and 32 of the Convention and the general principles developed by the Committee. Such access should be granted without discrimination and in particular, separated and unaccompanied girls shall have equal access to formal and informal education, including vocational training at all levels. Access to quality education should also be ensured for children with special needs, in particular children with disabilities.","labels":["Women/girls","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"30","source":"regex"},{"treaty":"CRC","article":"32","source":"regex"}]},{"id":"crc-gc-2005-6-0042","docId":"crc-gc-2005-6","idx":42,"n":42,"text":"42. The unaccompanied or separated child should be registered with appropriate school authorities as soon as possible and get assistance in maximizing learning opportunities. All unaccompanied and separated children have the right to maintain their cultural identity and values, including the maintenance and development of their native language. All adolescents should be allowed to enrol in vocational/professional training or education, and early learning","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0043","docId":"crc-gc-2005-6","idx":43,"n":43,"text":"States shall, in particular where government capacity is limited, accept and facilitate the assistance offered by UNICEF, the United Nations Educational, Scientific and Cultural Organization (UNESCO), UNHCR and other United Nations agencies within their respective mandates, as well as, where appropriate, other competent intergovernmental organizations or non-governmental organizations (art. 22 (2)) in order to meet the educational needs of unaccompanied and separated children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"22","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0044","docId":"crc-gc-2005-6","idx":44,"n":44,"text":"States should ensure that separated and unaccompanied children have a standard of living adequate for their physical, mental, spiritual and moral development. As provided in article 27 (2) of the Convention, States shall provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"27","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0045","docId":"crc-gc-2005-6","idx":45,"n":45,"text":"States shall, in particular where government capacity is limited, accept and facilitate the assistance offered by UNICEF, UNESCO, UNHCR and other United Nations agencies within their respective mandates, as well as, where appropriate, other competent intergovernmental organizations or non-governmental organizations (art. 22 (2)) in order to secure an adequate standard of living for unaccompanied and separated children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"22","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0046","docId":"crc-gc-2005-6","idx":46,"n":46,"text":"When implementing the right to enjoy the highest attainable standard of health and facilities for the treatment of illness and rehabilitation of health under article 24 of the Convention, States are obligated to ensure that unaccompanied and separated children have the same access to health care as children who are ... nationals ... .","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-gc-2005-6-0047","docId":"crc-gc-2005-6","idx":47,"n":47,"text":"In ensuring their access, States must assess and address the particular plight and vulnerabilities of such children. They should, in particular, take into account the fact that unaccompanied children have undergone separation from family members and have also, to varying degrees, experienced loss, trauma, disruption and violence. Many such children, in particular those who are refugees, have further experienced pervasive violence and the stress associated with a country afflicted by war. This may have created deep-rooted feelings of helplessness and undermined a child’s trust in others. Moreover, girls are particularly susceptible to marginalization, poverty and suffering during armed conflict, and many may have experienced gender-based violence in the context of armed conflict. The profound trauma experienced by many affected children calls for special sensitivity and attention in their care and rehabilitation.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0048","docId":"crc-gc-2005-6","idx":48,"n":48,"text":"48. The obligation under article 39 of the Convention sets out the duty of States to provide rehabilitation services to children who have been victims of any form of abuse,","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-gc-2005-6-0049","docId":"crc-gc-2005-6","idx":49,"n":49,"text":"States shall, in particular where government capacity is limited, accept and facilitate assistance offered by UNICEF, the World Health Organization (WHO), United Nations Joint Programme on HIV/AIDS (UNAIDS), UNHCR and other agencies (art. 22 (2)) within their respective mandates, as well as, where appropriate, other competent intergovernmental organizations or non-governmental organizations in order to meet the health and health-care needs of unaccompanied and separated children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"22","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0050","docId":"crc-gc-2005-6","idx":50,"n":50,"text":"Unaccompanied or separated children in a country outside their country of origin are particularly vulnerable to exploitation and abuse. Girls are at particular risk of being trafficked, including for purposes of sexual exploitation.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0051","docId":"crc-gc-2005-6","idx":51,"n":51,"text":"Articles 34 to 36 of the Convention must be read in conjunction with special protection and assistance obligations to be provided according to article 20 of the Convention, in order to ensure that unaccompanied and separated children are shielded from trafficking, and from sexual and other forms of exploitation, abuse and violence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"34","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-gc-2005-6-0052","docId":"crc-gc-2005-6","idx":52,"n":52,"text":"Trafficking of such a child, or “re-trafficking” in cases where a child was already a victim of trafficking, is one of many dangers faced by unaccompanied or separated children. Trafficking in children is a threat to the fulfilment of their right to life, survival and development (art. 6). In accordance with article 35 of the Convention, States parties should take appropriate measures to prevent such trafficking. Necessary measures include identifying unaccompanied and separated children; regularly inquiring as to their whereabouts; and conducting information campaigns that are age-appropriate, gender-sensitive and in a language and medium that is understandable to the child. Adequate legislation should also be passed and effective mechanisms of enforcement be established with respect to labour regulations and border crossing.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"35","source":"regex"}]},{"id":"crc-gc-2005-6-0053","docId":"crc-gc-2005-6","idx":53,"n":53,"text":"Risks are also great for a child who has already been a victim of trafficking, resulting in the status of being unaccompanied or separated. Such children should not be penalized and should receive assistance as victims of a serious human rights violation. Some trafficked children may be eligible for refugee status under the 1951 Convention, and States should ensure that separated and unaccompanied trafficked children who wish to seek asylum or in relation to whom there is otherwise indication that international protection needs exist, have access to asylum procedures. Children who are at risk of being re-trafficked should not be returned to their country of origin unless it is in their best interests and appropriate measures for their protection have been taken. States should consider complementary forms of protection for trafficked children when return is not in their best interests.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(iv) Unaccompanied and separated children should be provided with their own personal identity documentation as soon as possible;"]},{"id":"crc-gc-2005-6-0054","docId":"crc-gc-2005-6","idx":54,"n":54,"text":"State obligations deriving from article 38 of the Convention and from articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict also apply to unaccompanied and separated children. A State must take all necessary measures to prevent recruitment or use of such children by any party to a conflict. This also applies to former child soldiers who have defected from their units and who require protection against re-recruitment.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Prevention of recruitment"],"citedArticles":[{"article":"38","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 38 of the Convention' — CRC art. 38."},{"article":"3","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict' — CRC-OPAC art. 3."},{"article":"4","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Same sentence: CRC-OPAC art. 4."}]},{"id":"crc-gc-2005-6-0055","docId":"crc-gc-2005-6","idx":55,"n":55,"text":"Care arrangements for unaccompanied and separated children shall be made in a manner which prevents their recruitment, re-recruitment or use by any party to a conflict. Guardianships should not be given to individuals or organizations who are directly or indirectly involved in a conflict.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Care arrangements"]},{"id":"crc-gc-2005-6-0056","docId":"crc-gc-2005-6","idx":56,"n":56,"text":"Child soldiers should be considered primarily as victims of armed conflict. Former child soldiers, who often find themselves unaccompanied or separated at the cessation of the conflict or following defection, shall be given all the necessary support services to enable reintegration into normal life, including necessary psychosocial counselling. Such children shall be identified and demobilized on a priority basis during any identification and separation operation. Child soldiers, in particular, those who are unaccompanied or separated, should not normally be interned, but rather, benefit from special protection and assistance measures, in particular as regards their demobilization and rehabilitation. Particular efforts must be made to provide support and facilitate the reintegration of girls who have been associated with the military, either as combatants or in any other capacity.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Former child soldiers"]},{"id":"crc-gc-2005-6-0057","docId":"crc-gc-2005-6","idx":57,"n":57,"text":"If, under certain circumstances, exceptional internment of a child soldier over the age of 15 years is unavoidable and in compliance with international human rights and humanitarian law, for example, where she or he poses a serious security threat, the conditions of such internment should be in conformity with international standards, including article 37 of the Convention and those pertaining to juvenile justice, and should not preclude any tracing efforts and priority participation in rehabilitation programmes.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Former child soldiers"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-gc-2005-6-0058","docId":"crc-gc-2005-6","idx":58,"n":58,"text":"58. As under-age recruitment and participation in hostilities entails a high risk of irreparable harm involving fundamental human rights, including the right to life, State obligations deriving from article 38 of the Convention, in conjunction with articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict,","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Non-refoulement"],"citedArticles":[{"article":"38","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 38 of the Convention' — CRC art. 38."},{"article":"3","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'articles 3 and 4 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict' — CRC-OPAC art. 3."},{"article":"4","treaty":"CRC-OPAC","confidence":"high","source":"sonnet","rationale":"Same sentence: CRC-OPAC art. 4."}]},{"id":"crc-gc-2005-6-0059","docId":"crc-gc-2005-6","idx":59,"n":59,"text":"Reminding States of the need for age and gender-sensitive asylum procedures and an age and gender-sensitive interpretation of the refugee definition, the Committee highlights that under-age recruitment (including of girls for sexual services or forced marriage with the military) and direct or indirect participation in hostilities constitutes a serious human rights violation and thereby persecution, and should lead to the granting of refugee status where the well-founded fear of such recruitment or participation in hostilities is based on “reasons of race, religion, nationality, membership of a particular social group or political opinion” (article 1A (2), 1951 Refugee Convention).","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Child-specific forms and manifestations of persecution3"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 1A (2), 1951 Refugee Convention' - not in scope."}]},{"id":"crc-gc-2005-6-0060","docId":"crc-gc-2005-6","idx":60,"n":60,"text":"States shall develop, where needed, in cooperation with international agencies and NGOs, a comprehensive age-appropriate and gender-sensitive system of psychological support and assistance for unaccompanied and separated children affected by armed conflict.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["Rehabilitation and recovery"]},{"id":"crc-gc-2005-6-0061","docId":"crc-gc-2005-6","idx":61,"n":61,"text":"In application of article 37 of the Convention and the principle of the best interests of the child, unaccompanied or separated children should not, as a general rule, be detained. Detention cannot be justified solely on the basis of the child being unaccompanied or separated, or on their migratory or residence status, or lack thereof. Where detention is exceptionally justified for other reasons, it shall be conducted in accordance with article 37 (b) of the Convention that requires detention to conform to the law of the relevant country and only to be used as a measure of last resort and for the shortest appropriate period of time. In consequence, all efforts, including acceleration of relevant processes, should be made to allow for the immediate release of unaccompanied or separated children from detention and their placement in other forms of appropriate accommodation.","labels":["Migrants","Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(i) Prevention of deprivation of liberty and treatment in cases thereof"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-gc-2005-6-0062","docId":"crc-gc-2005-6","idx":62,"n":62,"text":"In addition to national requirements, international obligations constitute part of the law governing detention. With regard to asylum-seeking, unaccompanied and separated children, States must, in particular, respect their obligations deriving from article 31 (1) of the 1951 Refugee Convention. States should further take into account that illegal entry into or stay in a country by an unaccompanied or separated child may also be justified according to general principles of law, where such entry or stay is the only way of preventing a violation of the fundamental human rights of the child. More generally, in developing policies on unaccompanied or separated children, including those who are victims of trafficking and exploitation, States should ensure that such children are not criminalized solely for reasons of illegal entry or presence in the country.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(i) Prevention of deprivation of liberty and treatment in cases thereof"],"citedArticles":[{"article":"31","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'article 31 (1) of the 1951 Refugee Convention' - not in scope."}]},{"id":"crc-gc-2005-6-0063","docId":"crc-gc-2005-6","idx":63,"n":63,"text":"In the exceptional case of detention, conditions of detention must be governed by the best interests of the child and pay full respect to article 37 (a) and (c) of the Convention and other international obligations. Special arrangements must be made for living quarters that are suitable for children and that separate them from adults, unless it is considered in the child’s best interests not to do so. Indeed, the underlying approach to such a programme should be “care” and not “detention”. Facilities should not be located in isolated areas where culturally appropriate community resources and access to legal aid are unavailable. Children should have the opportunity to make regular contact and receive visits from friends, relatives, religious, social and legal counsel and their guardian. They should also be provided with the opportunity to receive all basic necessities as well as appropriate medical treatment and psychological counselling where necessary. During their period in detention, children have the right to education which ought, ideally, to take place outside the detention premises in order to facilitate the continuance of their education upon release. They also have the right to recreation and play as provided for in article 31 of the Convention. In order to effectively secure the rights provided by article 37 (d) of the Convention, unaccompanied or separated children deprived of their liberty shall be provided with prompt and free access to legal and other appropriate assistance, including the assignment of a legal representative.","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(i) Prevention of deprivation of liberty and treatment in cases thereof"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-gc-2005-6-0064","docId":"crc-gc-2005-6","idx":64,"n":64,"text":"The obligation stemming from article 22 of the Convention to take “appropriate measures” to ensure that a child, whether unaccompanied or accompanied, who is seeking refugee status receives appropriate protection entails, inter alia, the responsibility to set up a functioning asylum system and, in particular, to enact legislation addressing the particular treatment of unaccompanied and separated children and to build capacities necessary to realize this treatment in accordance with applicable rights codified in the Convention and in other international human rights, refugee protection or humanitarian instruments to which the State is a party. States facing resource constraints in staging such capacity-building efforts are strongly encouraged to seek international assistance, including that provided by UNHCR.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) General"],"citedArticles":[{"treaty":"CRC","article":"22","source":"regex"}]},{"id":"crc-gc-2005-6-0065","docId":"crc-gc-2005-6","idx":65,"n":65,"text":"Taking into account the complementary nature of the obligations under article 22 and those deriving from international refugee law, as well as the desirability of consolidated standards, States should apply international standards relating to refugees as they progressively evolve when implementing article 22 of the Convention.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) General"],"citedArticles":[{"treaty":"CRC","article":"22","source":"regex"},{"treaty":"CRC","article":"22","source":"regex"}]},{"id":"crc-gc-2005-6-0066","docId":"crc-gc-2005-6","idx":66,"n":66,"text":"66. Asylum-seeking children, including those who are unaccompanied or separated, shall enjoy access to asylum procedures and other complementary mechanisms providing international protection, irrespective of their age. In the case that facts become known during the identification and registration process which indicate that the child may have a well-founded fear or, even if unable to explicitly articulate a concrete fear, the child may objectively be at risk of","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0067","docId":"crc-gc-2005-6","idx":67,"n":67,"text":"Unaccompanied or separated children for whom there is no indication of being in need of international protection should not automatically, or otherwise, be referred to asylum procedures, but shall be protected pursuant to other relevant child protection mechanisms such as those provided under youth welfare legislation.","labels":["Refugees & asylum-seekers","Children","Adolescents","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0068","docId":"crc-gc-2005-6","idx":68,"n":68,"text":"Appropriate measures required under article 22 (1) of the Convention must take into account the particular vulnerabilities of unaccompanied and separated children and the national legal framework and conditions. Such measures should be guided by the considerations set out below.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"],"citedArticles":[{"treaty":"CRC","article":"22","paragraph":"1","source":"regex"}]},{"id":"crc-gc-2005-6-0069","docId":"crc-gc-2005-6","idx":69,"n":69,"text":"An asylum-seeking child should be represented by an adult who is familiar with the child’s background and who is competent and able to represent his or her best interests (see section V (b), “Appointment of a guardian or adviser or legal representative”). The unaccompanied or separated child should also, in all cases, be given access, free of charge, to a qualified legal representative, including where the application for refugee status is processed under the normal procedures for adults.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0070","docId":"crc-gc-2005-6","idx":70,"n":70,"text":"Refugee status applications filed by unaccompanied and separated children shall be given priority and every effort should be made to render a decision promptly and fairly.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0071","docId":"crc-gc-2005-6","idx":71,"n":71,"text":"Minimum procedural guarantees should include that the application will be determined by a competent authority fully qualified in asylum and refugee matters. Where the age and maturity of the child permits, the opportunity for a personal interview with a qualified official should be granted before any final decision is made. Wherever the child is unable to communicate directly with the qualified official in a common language, the assistance of a qualified interpreter should be sought. Moreover, the child should be given the “benefit of the doubt”, should there be credibility concerns relating to his or her story as well as a possibility to appeal for a formal review of the decision.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0072","docId":"crc-gc-2005-6","idx":72,"n":72,"text":"The interviews should be conducted by representatives of the refugee determination authority who will take into account the special situation of unaccompanied children in order to carry out the refugee status assessment and apply an understanding of the history, culture and background of the child. The assessment process should comprise a case-by-case examination of the unique combination of factors presented by each child, including the child’s personal, family and cultural background. The guardian and the legal representative should be present during all interviews.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0073","docId":"crc-gc-2005-6","idx":73,"n":73,"text":"In cases of large-scale refugee movements where individual refugee status determination is not possible, States may grant refugee status to all members of a group. In such circumstances, all unaccompanied or separated children are entitled to be granted the same status as other members of the particular group.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Access to asylum procedures, regardless of age"]},{"id":"crc-gc-2005-6-0074","docId":"crc-gc-2005-6","idx":74,"n":74,"text":"When assessing refugee claims of unaccompanied or separated children, States shall take into account the development of, and formative relationship between, international human rights and refugee law, including positions developed by UNHCR in exercising its supervisory functions under the 1951 Refugee Convention. In particular, the refugee definition in that Convention must be interpreted in an age and gender-sensitive manner, taking into account the particular motives for, and forms and manifestations of, persecution experienced by children. Persecution of kin; under-age recruitment; trafficking of children for prostitution; and sexual exploitation or subjection to female genital mutilation, are some of the child-specific forms and manifestations of persecution which may justify the granting of refugee status if such acts are related to one of the 1951 Refugee Convention grounds. States should, therefore, give utmost attention to such child-specific forms and manifestations of persecution as well as gender-based violence in national refugee status-determination procedures.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Child-sensitive assessment of protection needs, taking into account persecution of a child-specific nature"]},{"id":"crc-gc-2005-6-0075","docId":"crc-gc-2005-6","idx":75,"n":75,"text":"Staff involved in status-determination procedures of children, in particular those who are unaccompanied or separated, should receive training on adopting an application of international and national refugee law that is child, cultural, and gender-sensitive. To properly assess asylum claims of children, information on the situation of children, including those belonging to minorities or marginalized groups, should be included in government efforts to collect country of-origin information.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Child-sensitive assessment of protection needs, taking into account persecution of a child-specific nature"]},{"id":"crc-gc-2005-6-0076","docId":"crc-gc-2005-6","idx":76,"n":76,"text":"Unaccompanied or separated children recognized as refugees and granted asylum do not only enjoy rights under the 1951 Refugee Convention, but are also entitled to the fullest extent to the enjoyment of all human rights granted to children in the territory or subject to the jurisdiction of the State, including those rights which require a lawful stay in the territory.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Child-sensitive assessment of protection needs, taking into account persecution of a child-specific nature"]},{"id":"crc-gc-2005-6-0077","docId":"crc-gc-2005-6","idx":77,"n":77,"text":"In the case that the requirements for granting refugee status under the 1951 Refugee Convention are not met, unaccompanied and separated children shall benefit from available forms of complementary protection to the extent determined by their protection needs. The application of such complementary forms of protection does not obviate States’ obligations to address the particular protection needs of the unaccompanied and separated child. Therefore, children granted complementary forms of protection are entitled, to the fullest extent, to the enjoyment of all human rights granted to children in the territory or subject to the jurisdiction of the State, including those rights which require a lawful stay in the territory.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Children to benefit from complementary forms of protection"]},{"id":"crc-gc-2005-6-0078","docId":"crc-gc-2005-6","idx":78,"n":78,"text":"In line with the generally applicable principles and, in particular, those relating to the responsibilities of States with regard to unaccompanied or separated children finding themselves in their territory, children who are neither granted refugee status nor benefiting from complementary forms of protection, will still enjoy protection under all norms of the Convention as long as they remain de facto within the States’ territories and/or subject to its jurisdiction.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Children to benefit from complementary forms of protection"]},{"id":"crc-gc-2005-6-0079","docId":"crc-gc-2005-6","idx":79,"n":79,"text":"The ultimate aim in addressing the fate of unaccompanied or separated children is to identify a durable solution that addresses all their protection needs, takes into account the child’s view and, wherever possible, leads to overcoming the situation of a child being unaccompanied or separated. Efforts to find durable solutions for unaccompanied or separated children should be initiated and implemented without undue delay and, wherever possible, immediately upon the assessment of a child being unaccompanied or separated. Following a rights-based approach, the search for a durable solution commences with analysing the possibility of family reunification.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) General"]},{"id":"crc-gc-2005-6-0080","docId":"crc-gc-2005-6","idx":80,"n":80,"text":"Tracing is an essential component of any search for a durable solution and should be prioritized except where the act of tracing, or the way in which tracing is conducted, would be contrary to the best interests of the child or jeopardize fundamental rights of those being traced. In any case, in conducting tracing activities, no reference should be made to the status of the child as an asylum-seeker or refugee. Subject to all of these conditions, such tracing efforts should also be continued during the asylum procedure. For all children who remain in the territory of the host State, whether on the basis of asylum, complementary forms of protection or due to other legal or factual obstacles to removal, a durable solution must be sought.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) General"]},{"id":"crc-gc-2005-6-0081","docId":"crc-gc-2005-6","idx":81,"n":81,"text":"In order to pay full respect to the obligation of States under article 9 of the Convention to ensure that a child shall not be separated from his or her parents against their will, all efforts should be made to return an unaccompanied or separated child to his or her parents except where further separation is necessary for the best interests of the child, taking full account of the right of the child to express his or her views (art. 12) (see also section IV (e), “Right of the child to express his or her views freely”). While the considerations explicitly listed in article 9, paragraph 1, sentence 2, namely, cases involving abuse or neglect of the child by the parents, may prohibit reunification at any location, other best-interests considerations can provide an obstacle to reunification at specific locations only.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Family reunification"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-gc-2005-6-0082","docId":"crc-gc-2005-6","idx":82,"n":82,"text":"Family reunification in the country of origin is not in the best interests of the child and should therefore not be pursued where there is a “reasonable risk” that such a return would lead to the violation of fundamental human rights of the child. Such risk is indisputably documented in the granting of refugee status or in a decision of the competent authorities on the applicability of non-refoulement obligations (including those deriving from article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and articles 6 and 7 of the International Covenant on Civil and Political Rights). Accordingly, the granting of refugee status constitutes a legally binding obstacle to return to the country of origin and, consequently, to family reunification therein. Where the circumstances in the country of origin contain lower level risks and there is concern, for example, of the child being affected by the indiscriminate effects of generalized violence, such risks must be given full attention and balanced against other rights-based considerations, including the consequences of further separation. In this context, it must be recalled that the survival of the child is of paramount importance and a precondition for the enjoyment of any other rights.","labels":["Refugees & asylum-seekers","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Family reunification"],"citedArticles":[{"article":"3","treaty":"CAT","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment'."},{"article":"6","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 6 and 7 of the International Covenant on Civil and Political Rights'."},{"article":"7","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'articles 6 and 7 of the International Covenant on Civil and Political Rights'."}]},{"id":"crc-gc-2005-6-0083","docId":"crc-gc-2005-6","idx":83,"n":83,"text":"Whenever family reunification in the country of origin is not possible, irrespective of whether this is due to legal obstacles to return or whether the best-interests-based balancing test has decided against return, the obligations under article 9 and 10 of the Convention come into effect and should govern the host country’s decisions on family reunification therein. In this context, States parties are particularly reminded that “applications by a child or his or her parents to enter or leave a State party for the purpose of family reunification shall be dealt with by States parties in a positive, humane and expeditious manner” and “shall entail no adverse consequences for the applicants and for the members of their family” (art. 10 (1)). Countries of origin must respect “the right of the child and his or her parents to leave any country, including their own, and to enter their own country” (art. 10 (2)).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Family reunification"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"10","source":"regex"},{"treaty":"CRC","article":"10","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"10","paragraph":"2","source":"regex"}]},{"id":"crc-gc-2005-6-0084","docId":"crc-gc-2005-6","idx":84,"n":84,"text":"84. Return to the country of origin is not an option if it would lead to a “reasonable risk” that such return would result in the violation of fundamental human rights of the child, and in particular, if the principle of non-refoulement applies. Return to the country of origin shall in principle only be arranged if such return is in the best interests of the child. Such a determination shall, inter alia, take into account:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(c) Return to the country of origin"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"8","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"}]},{"id":"crc-gc-2005-6-0085","docId":"crc-gc-2005-6","idx":85,"n":85,"text":"In the absence of the availability of care provided by parents or members of the extended family, return to the country of origin should, in principle, not take place without advance secure and concrete arrangements of care and custodial responsibilities upon return to the country of origin.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(c) Return to the country of origin"]},{"id":"crc-gc-2005-6-0086","docId":"crc-gc-2005-6","idx":86,"n":86,"text":"Exceptionally, a return to the home country may be arranged, after careful balancing of the child’s best interests and other considerations, if the latter are rights-based and override best interests of the child. Such may be the case in situations in which the child constitutes a serious risk to the security of the State or to the society. Non-rights-based arguments such as those relating to general migration control, cannot override best interests considerations.","labels":["Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(c) Return to the country of origin"]},{"id":"crc-gc-2005-6-0087","docId":"crc-gc-2005-6","idx":87,"n":87,"text":"In all cases return measures must be conducted in a safe, child-appropriate and gender sensitive manner.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(c) Return to the country of origin"]},{"id":"crc-gc-2005-6-0088","docId":"crc-gc-2005-6","idx":88,"n":88,"text":"Countries of origin are also reminded in this context of their obligations pursuant to article 10 of the Convention and, in particular, to respect “the right of the child and his or her parents to leave any country, including their own, and to enter their own country”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(c) Return to the country of origin"],"citedArticles":[{"treaty":"CRC","article":"10","source":"regex"}]},{"id":"crc-gc-2005-6-0089","docId":"crc-gc-2005-6","idx":89,"n":89,"text":"Local integration is the primary option if return to the country of origin is impossible on either legal or factual grounds. Local integration must be based on a secure legal status (including residence status) and be governed by the Convention rights that are fully applicable to all children who remain in the country, irrespective of whether this is due to their recognition as a refugee, other legal obstacles to return, or whether the best-interests-based balancing test has decided against return.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Local integration"]},{"id":"crc-gc-2005-6-0090","docId":"crc-gc-2005-6","idx":90,"n":90,"text":"Once it has been determined that a separated or unaccompanied child will remain in the community, the relevant authorities should conduct an assessment of the child’s situation and then, in consultation with the child and his or her guardian, determine the appropriate long-term arrangements within the local community and other necessary measures to facilitate such integration. The long-term placement should be decided in the best interests of the child and, at this stage, institutional care should, wherever possible, serve only as a last resort. The separated or unaccompanied child should have the same access to rights (including to education, training, employment and health care) as enjoyed by national children. In ensuring that these rights are fully enjoyed by the unaccompanied or separated child, the host country may need to pay special attention to the extra measures required to address the child’s vulnerable status, including, for example, through extra language training.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Local integration"]},{"id":"crc-gc-2005-6-0091","docId":"crc-gc-2005-6","idx":91,"n":91,"text":"91. States must have full respect for the preconditions provided under article 21 of the Convention as well as other relevant international instruments, including in particular the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption and its 1994 Recommendation Concerning the Application to Refugee and other Internationally Displaced Children when considering the adoption of unaccompanied and separated children. States should, in particular, observe the following:","labels":["Refugees & asylum-seekers","Children","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(d) Local integration"],"citedArticles":[{"treaty":"CRC","article":"21","source":"regex"}]},{"id":"crc-gc-2005-6-0092","docId":"crc-gc-2005-6","idx":92,"n":92,"text":"Resettlement to a third country may offer a durable solution for an accompanied or separated child who cannot return to the country of origin and for whom no durable solution can be envisaged in the host country. The decision to resettle an unaccompanied or separated child must be based on an updated, comprehensive and thorough best-interests assessment, taking into account, in particular, ongoing international and other protection needs. Resettlement is particularly called for if such is the only means to effectively and sustainably protect a child against refoulement or against persecution or other serious human rights violations in the country of stay. Resettlement is also in the best interests of the unaccompanied or separated child if it serves family reunification in the resettlement country.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Resettlement in a third country"]},{"id":"crc-gc-2005-6-0093","docId":"crc-gc-2005-6","idx":93,"n":93,"text":"93. The best-interests assessment determination, prior to a decision to resettle, needs also to take into account other factors such as: the envisaged duration of legal or other obstacles to a child’s return to his or her home country; the child’s right to preserve his or her identity, including nationality and name (art. 8); the child’s age, sex, emotional state, educational and","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Resettlement in a third country"],"citedArticles":[{"treaty":"CRC","article":"8","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"},{"treaty":"CRC","article":"8","source":"regex"}]},{"id":"crc-gc-2005-6-0094","docId":"crc-gc-2005-6","idx":94,"n":94,"text":"States are encouraged to provide resettlement opportunities in order to meet all the resettlement needs related to unaccompanied and separated children.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(f) Resettlement in a third country"]},{"id":"crc-gc-2005-6-0095","docId":"crc-gc-2005-6","idx":95,"n":95,"text":"Particular attention should be paid to the training of officials working with separated and unaccompanied children and dealing with their cases. Specialized training is equally important for legal representatives, guardians, interpreters and others dealing with separated and unaccompanied children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Training of personnel dealing with unaccompanied and separated children"]},{"id":"crc-gc-2005-6-0096","docId":"crc-gc-2005-6","idx":96,"n":96,"text":"96. Such training should be specifically tailored to the needs and rights of the groups concerned. Nevertheless, certain key elements should be included in all training programmes, including:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Training of personnel dealing with unaccompanied and separated children"]},{"id":"crc-gc-2005-6-0097","docId":"crc-gc-2005-6","idx":97,"n":97,"text":"Initial training programmes should also be followed up regularly, including through on the-job learning and professional networks.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(a) Training of personnel dealing with unaccompanied and separated children"]},{"id":"crc-gc-2005-6-0098","docId":"crc-gc-2005-6","idx":98,"n":98,"text":"It is the experience of the Committee that data and statistics collected with regard to unaccompanied and separated children tends to be limited to the number of arrivals and/or number of requests for asylum. This data is insufficient for a detailed analysis of the implementation of the rights of such children. Furthermore, data and statistics are often collected by a variety of different ministries or agencies, which can impede further analysis and presents potential concerns with regard to confidentiality and a child’s right to privacy.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Data and statistics on separated and unaccompanied children"]},{"id":"crc-gc-2005-6-0099","docId":"crc-gc-2005-6","idx":99,"n":99,"text":"Accordingly, the development of a detailed and integrated system of data collection on unaccompanied and separated children is a prerequisite for the development of effective policies for the implementation of the rights of such children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Data and statistics on separated and unaccompanied children"]},{"id":"crc-gc-2005-6-0100","docId":"crc-gc-2005-6","idx":100,"n":100,"text":"Data collected within such a system should ideally include but not be limited to: basic biographical data on each child (including age, sex, country of origin and nationality, ethnic group); total number of unaccompanied and separated children attempting to enter the country and the number that have been refused entry; number of requests for asylum; number of legal representatives and guardians assigned to such children; legal and immigration status (i.e. asylum-seeker, refugee, temporary resident permit); living arrangements (i.e. in institutions, with families or living independently); enrolment in school or vocational training; family reunifications; and, numbers returned to their country of origin. In addition, States parties should consider collecting qualitative data that would allow them to analyse issues that remain insufficiently addressed, such as for instance, disappearances of unaccompanied and separated children and the impact of trafficking.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2005,"section":["(b) Data and statistics on separated and unaccompanied children"]},{"id":"crc-c-gc-7-rev-1-0001","docId":"crc-c-gc-7-rev-1","idx":1,"n":1,"text":"This general comment arises out of the Committee’s experiences of reviewing States parties’ reports. In many cases, very little information has been offered about early childhood, with comments limited mainly to child mortality, birth registration and health care. The Committee felt the need for a discussion on the broader implications of the Convention on the Rights of the Child for young children. Accordingly, in 2004, the Committee devoted its day of general discussion to the theme “Implementing child rights in early childhood”. This resulted in a set of recommendations (see CRC/C/143, sect. VII) as well as the decision to prepare a general comment on this important topic. Through this general comment, the Committee wishes to encourage recognition that young children are holders of all rights enshrined in the Convention and that early childhood is a critical period for the realization of these rights. The Committee’s working definition of “early childhood” is all young children: at birth and throughout infancy; during the preschool years; as well as during the transition to school (see paragraph 4 below).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["I. INTRODUCTION"]},{"id":"crc-c-gc-7-rev-1-0002","docId":"crc-c-gc-7-rev-1","idx":2,"n":2,"text":"2. The objectives of the general comment are: (a) To strengthen understanding of the human rights of all young children and to draw States parties’ attention to their obligations towards young children; (b) To comment on the specific features of early childhood that impact on the realization of rights;","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["II. OBJECTIVES OF THE GENERAL COMMENT"]},{"id":"crc-c-gc-7-rev-1-0003","docId":"crc-c-gc-7-rev-1","idx":3,"n":3,"text":"Young children are rights holders. The Convention on the Rights of the Child defines a child as “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier” (art. 1). Consequently, young children are holders of all the rights enshrined in the Convention. They are entitled to special protection measures and, in accordance with their evolving capacities, the progressive exercise of their rights. The Committee is concerned that in implementing their obligations under the Convention, States parties have not given sufficient attention to young children as rights holders and to the laws, policies and programmes required to realize their rights during this distinct phase of their childhood. The Committee reaffirms that the Convention on the Rights of the Child is to be applied holistically in early childhood, taking account of the principle of the universality, indivisibility and interdependence of all human rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"1","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0004","docId":"crc-c-gc-7-rev-1","idx":4,"n":4,"text":"Definition of early childhood. Definitions of early childhood vary in different countries and regions, according to local traditions and the organization of primary school systems. In some countries, the transition from preschool to school occurs soon after 4 years old. In other countries, this transition takes place at around 7 years old. In its consideration of rights in early childhood, the Committee wishes to include all young children: at birth and throughout infancy; during the preschool years; as well as during the transition to school. Accordingly, the Committee proposes as an appropriate working definition of early childhood the period below the age of 8 years; States parties should review their obligations towards young children in the context of this definition.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0005","docId":"crc-c-gc-7-rev-1","idx":5,"n":5,"text":"5. A positive agenda for early childhood. The Committee encourages States parties to construct a positive agenda for rights in early childhood. A shift away from traditional beliefs","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0006","docId":"crc-c-gc-7-rev-1","idx":6,"n":6,"text":"6. Features of early childhood. Early childhood is a critical period for realizing children’s rights. During this period:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0007","docId":"crc-c-gc-7-rev-1","idx":7,"n":7,"text":"Respecting the distinctive interests, experiences and challenges facing every young child is the starting point for realizing their rights during this crucial phase of their lives. CRC/C/GC/7/Rev.1 page 4","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0008","docId":"crc-c-gc-7-rev-1","idx":8,"n":8,"text":"Research into early childhood. The Committee notes the growing body of theory and research which confirms that young children are best understood as social actors whose survival, well-being and development are dependent on and built around close relationships. These relationships are normally with a small number of key people, most often parents, members of the extended family and peers, as well as caregivers and other early childhood professionals. At the same time, research into the social and cultural dimensions of early childhood draws attention to the diverse ways in which early development is understood and enacted, including varying expectations of the young child and arrangements for his or her care and education. A feature of modern societies is that increasing numbers of young children are growing up in multicultural communities and in contexts marked by rapid social change, where beliefs and expectations about young children are also changing, including through greater recognition of their rights. States parties are encouraged to draw on beliefs and knowledge about early childhood in ways that are appropriate to local circumstances and changing practices, and respect traditional values, provided these are not discriminatory, (article 2 of the Convention) nor prejudicial to children’s health and well-being (art. 24.3), nor against their best interests (art. 3). Finally, research has highlighted the particular risks to young children from malnutrition, disease, poverty, neglect, social exclusion and a range of other adversities. It shows that proper prevention and intervention strategies during early childhood have the potential to impact positively on young children’s current well-being and future prospects. Implementing child rights in early childhood is thus an effective way to help prevent personal, social and educational difficulties during middle childhood and adolescence (see general comment No. 4 (2003) on adolescent health and development).","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. HUMAN RIGHTS AND YOUNG CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0009","docId":"crc-c-gc-7-rev-1","idx":9,"n":9,"text":"The Committee has identified articles 2, 3, 6 and 12 of the Convention as general principles (see general comment No. 5 (2003) on the general measures of implementation of the Convention). Each principle has implications for rights in early childhood.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0010","docId":"crc-c-gc-7-rev-1","idx":10,"n":10,"text":"Right to life, survival and development. Article 6 refers to the child’s inherent right to life and States parties’ obligation to ensure, to the maximum extent possible, the survival and development of the child. States parties are urged to take all possible measures to improve perinatal care for mothers and babies, reduce infant and child mortality, and create conditions that promote the well-being of all young children during this critical phase of their lives. Malnutrition and preventable diseases continue to be major obstacles to realizing rights in early childhood. Ensuring survival and physical health are priorities, but States parties are reminded that article 6 encompasses all aspects of development, and that a young child’s health and psychosocial well-being are in many respects interdependent. Both may be put at risk by adverse living conditions, neglect, insensitive or abusive treatment and restricted opportunities for realizing human potential. Young children growing up in especially difficult circumstances require particular attention (see section VI below). The Committee reminds States parties (and others concerned) that the right to survival and development can only be implemented in a holistic manner, through the enforcement of all the other provisions of the Convention, including rights to health, adequate nutrition, social security, an adequate standard of living, a healthy and safe environment, education and play (arts. 24, 27, 28, 29 and 31), as well as through respect for the responsibilities of parents and the provision of assistance and quality services (arts. 5 and 18). From an early age, children should themselves be included in activities promoting good nutrition and a healthy and disease-preventing lifestyle. CRC/C/GC/7/Rev.1 page 5","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0011","docId":"crc-c-gc-7-rev-1","idx":11,"n":11,"text":"Right to non-discrimination. Article 2 ensures rights to every child, without discrimination of any kind. The Committee urges States parties to identify the implications of this principle for realizing rights in early childhood: (a) Article 2 means that young children in general must not be discriminated against on any grounds, for example where laws fail to offer equal protection against violence for all children, including young children. Young children are especially at risk of discrimination because they are relatively powerless and depend on others for the realization of their rights; (b) Article 2 also means that particular groups of young children must not be discriminated against. Discrimination may take the form of reduced levels of nutrition; inadequate care and attention; restricted opportunities for play, learning and education; or inhibition of free expression of feelings and views. Discrimination may also be expressed through harsh treatment and unreasonable expectations, which may be exploitative or abusive. For example: (i) Discrimination against girl children is a serious violation of rights, affecting their survival and all areas of their young lives as well as restricting their capacity to contribute positively to society. They may be victims of selective abortion, genital mutilation, neglect and infanticide, including through inadequate feeding in infancy. They may be expected to undertake excessive family responsibilities and deprived of opportunities to participate in early childhood and primary education; (ii) Discrimination against children with disabilities reduces survival prospects and quality of life. These children are entitled to the care, nutrition, nurturance and encouragement offered other children. They may also require additional, special assistance in order to ensure their integration and the realization of their rights; (iii) Discrimination against children infected with or affected by HIV/AIDS deprives them of the help and support they most require. Discrimination may be found within public policies, in the provision of and access to services, as well as in everyday practices that violate these children’s rights (see also paragraph 27); (iv) Discrimination related to ethnic origin, class/caste, personal circumstances and lifestyle, or political and religious beliefs (of children or their parents) excludes children from full participation in society. It affects parents’ capacities to fulfil their responsibilities towards their children. It affects children’s opportunities and self-esteem, as well as encouraging resentment and conflict among children and adults; (v) Young children who suffer multiple discrimination (e.g. related to ethnic origin, social and cultural status, gender and/or disabilities) are especially at risk. CRC/C/GC/7/Rev.1 page 6","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0012","docId":"crc-c-gc-7-rev-1","idx":12,"n":12,"text":"Young children may also suffer the consequences of discrimination against their parents, for example if children have been born out of wedlock or in other circumstances that deviate from traditional values, or if their parents are refugees or asylum-seekers. States parties have a responsibility to monitor and combat discrimination in whatever forms it takes and wherever it occurs - within families, communities, schools or other institutions. Potential discrimination in access to quality services for young children is a particular concern, especially where health, education, welfare and other services are not universally available and are provided through a combination of State, private and charitable organizations. As a first step, the Committee encourages States parties to monitor the availability of and access to quality services that contribute to young children’s survival and development, including through systematic data collection, disaggregated in terms of major variables related to children’s and families’ background and circumstances. As a second step, actions may be required that guarantee that all children have an equal opportunity to benefit from available services. More generally, States parties should raise awareness about discrimination against young children in general, and against vulnerable groups in particular.","labels":["Refugees & asylum-seekers","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"]},{"id":"crc-c-gc-7-rev-1-0013","docId":"crc-c-gc-7-rev-1","idx":13,"n":13,"text":"13. Best interests of the child. Article 3 sets out the principle that the best interests of the child are a primary consideration in all actions concerning children. By virtue of their relative immaturity, young children are reliant on responsible authorities to assess and represent their rights and best interests in relation to decisions and actions that affect their wellbeing, while taking account of their views and evolving capacities. The principle of best interests appears repeatedly within the Convention (including in articles 9, 18, 20 and 21, which are most relevant to early childhood). The principle of best interests applies to all actions concerning children and requires active measures to protect their rights and promote their survival, growth, and wellbeing, as well as measures to support and assist parents and others who have daytoday responsibility for realizing children’s rights:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"20","source":"regex"},{"treaty":"CRC","article":"21","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0014","docId":"crc-c-gc-7-rev-1","idx":14,"n":14,"text":"14. Respect for the views and feelings of the young child. Article 12 states that the child has a right to express his or her views freely in all matters affecting the child, and to have them taken into account. This right reinforces the status of the young child as an active participant in the promotion, protection and monitoring of their rights. Respect for the young child’s agency as a participant in family, community and society is frequently overlooked, or rejected as inappropriate on the grounds of age and immaturity. In many countries and regions,","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. GENERAL PRINCIPLES AND RIGHTS IN EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0015","docId":"crc-c-gc-7-rev-1","idx":15,"n":15,"text":"A crucial role for parents and other primary caregivers. Under normal circumstances, a young child’s parents play a crucial role in the achievement of their rights, along with other members of family, extended family or community, including legal guardians, as appropriate. This is fully recognized within the Convention (especially article 5), along with the obligation on States parties to provide assistance, including quality childcare services (especially article 18). The preamble to the Convention refers to the family as “the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children”. The Committee recognizes that “family” here refers to a variety of arrangements that can provide for young children’s care, nurturance and development, including the nuclear family, the extended family, and other traditional and modern community-based arrangements, provided these are consistent with children’s rights and best interests. CRC/C/GC/7/Rev.1 page 8","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0016","docId":"crc-c-gc-7-rev-1","idx":16,"n":16,"text":"Parents/primary caregivers and children’s best interests. The responsibility vested in parents and other primary caregivers is linked to the requirement that they act in children’s best interests. Article 5 states that parents’ role is to offer appropriate direction and guidance in “the exercise by the child of the rights in the … Convention”. This applies equally to younger as to older children. Babies and infants are entirely dependent on others, but they are not passive recipients of care, direction and guidance. They are active social agents, who seek protection, nurturance and understanding from parents or other caregivers, which they require for their survival, growth and well-being. Newborn babies are able to recognize their parents (or other caregivers) very soon after birth, and they engage actively in non-verbal communication. Under normal circumstances, young children form strong mutual attachments with their parents or primary caregivers. These relationships offer children physical and emotional security, as well as consistent care and attention. Through these relationships children construct a personal identity and acquire culturally valued skills, knowledge and behaviours. In these ways, parents (and other caregivers) are normally the major conduit through which young children are able to realize their rights.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0017","docId":"crc-c-gc-7-rev-1","idx":17,"n":17,"text":"Evolving capacities as an enabling principle. Article 5 draws on the concept of “evolving capacities” to refer to processes of maturation and learning whereby children progressively acquire knowledge, competencies and understanding, including acquiring understanding about their rights and about how they can best be realized. Respecting young children’s evolving capacities is crucial for the realization of their rights, and especially significant during early childhood, because of the rapid transformations in children’s physical, cognitive, social and emotional functioning, from earliest infancy to the beginnings of schooling. Article 5 contains the principle that parents (and others) have the responsibility to continually adjust the levels of support and guidance they offer to a child. These adjustments take account of a child’s interests and wishes as well as the child’s capacities for autonomous decision-making and comprehension of his or her best interests. While a young child generally requires more guidance than an older child, it is important to take account of individual variations in the capacities of children of the same age and of their ways of reacting to situations. Evolving capacities should be seen as a positive and enabling process, not an excuse for authoritarian practices that restrict children’s autonomy and self-expression and which have traditionally been justified by pointing to children’s relative immaturity and their need for socialization. Parents (and others) should be encouraged to offer “direction and guidance” in a child-centred way, through dialogue and example, in ways that enhance young children’s capacities to exercise their rights, including their right to participation (art. 12) and their right to freedom of thought, conscience and religion (art. 14).[[fn:1]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[{"n":1,"text":"See G. Lansdown, The Evolving Capacities of the Child (Florence: UNICEF Innocenti Research Centre, 2005)."}],"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"14","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0018","docId":"crc-c-gc-7-rev-1","idx":18,"n":18,"text":"18. Respecting parental roles. Article 18 of the Convention reaffirms that parents or legal guardians have the primary responsibility for promoting children’s development and wellbeing, with the child’s best interests as their basic concern (arts. 18.1 and 27.2). States parties should respect the primacy of parents, mothers and fathers. This includes the obligation not to separate children from their parents, unless it is in the child’s best interests (art. 9). Young children are especially vulnerable to adverse consequences of separations because of their physical dependence on and emotional attachment to their parents/primary caregivers. They are also less able to comprehend the circumstances of any separation. Situations which are most likely to","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0019","docId":"crc-c-gc-7-rev-1","idx":19,"n":19,"text":"Social trends and the role of the family. The Convention emphasizes that “both parents have common responsibilities for the upbringing and development of the child”, with fathers and mothers recognized as equal caregivers (art. 18.1). The Committee notes that in practice family patterns are variable and changing in many regions, as is the availability of informal networks of support for parents, with an overall trend towards greater diversity in family size, parental roles and arrangements for bringing up children. These trends are especially significant for young children, whose physical, personal and psychological development is best provided for within a small number of consistent, caring relationships. Typically, these relationships are with some combination of mother, father, siblings, grandparents and other members of the extended family, along with professional caregivers specialized in childcare and education. The Committee acknowledges that each of these relationships can make a distinctive contribution to the fulfilment of children’s rights under the Convention and that a range of family patterns may be consistent with promoting children’s well-being. In some countries and regions, shifting social attitudes towards family, marriage and parenting are impacting on young children’s experiences of early childhood, for example following family separations and reformations. Economic pressures also impact on young children, for example, where parents are forced to work far away from their families and their communities. In other countries and regions, the illness and death of one or both parents or other kin due to HIV/AIDS is now a common feature of early childhood. These and many other factors impact on parents’ capacities to fulfil their responsibilities towards children. More generally, during periods of rapid social change, traditional practices may no longer be viable or relevant to present parental circumstances and lifestyles, but without sufficient time having elapsed for new practices to be assimilated and new parental competencies understood and valued.","labels":["Children","Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0020","docId":"crc-c-gc-7-rev-1","idx":20,"n":20,"text":"20. Assistance to parents. States parties are required to render appropriate assistance to parents, legal guardians and extended families in the performance of their childrearing responsibilities (arts. 18.2 and 18.3), including assisting parents in providing living conditions necessary for the child’s development (art. 27.2) and ensuring that children receive necessary protection and care (art. 3.2). The Committee is concerned that insufficient account is taken of the resources, skills and personal commitment required of parents and others responsible for young children, especially in societies where early marriage and parenthood is still sanctioned as well as in societies with a high incidence of young, single parents. Early childhood is the period","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0021","docId":"crc-c-gc-7-rev-1","idx":21,"n":21,"text":"Appropriate assistance to parents can best be achieved as part of comprehensive policies for early childhood (see section V below), including provision for health, care and education during the early years. States parties should ensure that parents are given appropriate support to enable them to involve young children fully in such programmes, especially the most disadvantaged and vulnerable groups. In particular, article 18.3 acknowledges that many parents are economically active, often in poorly paid occupations which they combine with their parental responsibilities. Article 18.3 requires States parties to take all appropriate measures to ensure that children of working parents have the right to benefit from childcare services, maternity protection and facilities for which they are eligible. In this regard, the Committee recommends that States parties ratify the Maternity Protection Convention, 2000 (No. 183) of the International Labour Organization.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. PARENTAL RESPONSIBILITIES AND ASSISTANCE FROM STATES PARTIES"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0022","docId":"crc-c-gc-7-rev-1","idx":22,"n":22,"text":"Rights-based, multisectoral strategies. In many countries and regions, early childhood has received low priority in the development of quality services. These services have often been fragmented. They have frequently been the responsibility of several government departments at central and local levels, and their planning has often been piecemeal and uncoordinated. In some CRC/C/GC/7/Rev.1 page 11 cases, they have also been largely provided by the private and voluntary sector, without adequate resources, regulation or quality assurance. States parties are urged to develop rights-based, coordinated, multisectoral strategies in order to ensure that children’s best interests are always the starting point for service planning and provision. These should be based around a systematic and integrated approach to law and policy development in relation to all children up to 8 years old. A comprehensive framework for early childhood services, provisions and facilities is required, backed up by information and monitoring systems. Comprehensive services will be coordinated with the assistance provided to parents and will fully respect their responsibilities, as well as their circumstances and requirements (as in articles 5 and 18 of the Convention; see section IV above). Parents should also be consulted and involved in the planning of comprehensive services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0023","docId":"crc-c-gc-7-rev-1","idx":23,"n":23,"text":"Programme standards and professional training appropriate to the age range. The Committee emphasizes that a comprehensive strategy for early childhood must also take account of individual children’s maturity and individuality, in particular recognizing the changing developmental priorities for specific age groups (for example, babies, toddlers, preschool and early primary school groups), and the implications for programme standards and quality criteria. States parties must ensure that the institutions, services and facilities responsible for early childhood conform to quality standards, particularly in the areas of health and safety, and that staff possess the appropriate psychosocial qualities and are suitable, sufficiently numerous and well-trained. Provision of services appropriate to the circumstances, age and individuality of young children requires that all staff be trained to work with this age group. Work with young children should be socially valued and properly paid, in order to attract a highly qualified workforce, men as well as women. It is essential that they have sound, up-to-date theoretical and practical understanding about children’s rights and development (see also paragraph 41); that they adopt appropriate child-centred care practices, curricula and pedagogies; and that they have access to specialist professional resources and support, including a supervisory and monitoring system for public and private programmes, institutions and services.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0024","docId":"crc-c-gc-7-rev-1","idx":24,"n":24,"text":"Access to services, especially for the most vulnerable. The Committee calls on States parties to ensure that all young children (and those with primary responsibility for their well-being) are guaranteed access to appropriate and effective services, including programmes of health, care and education specifically designed to promote their well-being. Particular attention should be paid to the most vulnerable groups of young children and to those who are at risk of discrimination (art. 2). This includes girls, children living in poverty, children with disabilities, children belonging to indigenous or minority groups, children from migrant families, children who are orphaned or lack parental care for other reasons, children living in institutions, children living with mothers in prison, refugee and asylum-seeking children, children infected with or affected by HIV/AIDS, and children of alcohol- or drug-addicted parents (see also section VI).","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0025","docId":"crc-c-gc-7-rev-1","idx":25,"n":25,"text":"25. Birth registration. Comprehensive services for early childhood begin at birth. The Committee notes that provision for registration of all children at birth is still a major challenge for many countries and regions. This can impact negatively on a child’s sense of personal identity and children may be denied entitlements to basic health, education and social welfare. As a first step in ensuring the rights to survival, development and access to quality services for","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0026","docId":"crc-c-gc-7-rev-1","idx":26,"n":26,"text":"Standard of living and social security. Young children are entitled to a standard of living adequate for their physical, mental, spiritual, moral and social development (art. 27). The Committee notes with concern that even the most basic standard of living is not assured for millions of young children, despite widespread recognition of the adverse consequences of deprivation. Growing up in relative poverty undermines children’s well-being, social inclusion and self-esteem and reduces opportunities for learning and development. Growing up in conditions of absolute poverty has even more serious consequences, threatening children’s survival and their health, as well as undermining the basic quality of life. States parties are urged to implement systematic strategies to reduce poverty in early childhood as well as combat its negative effects on children’s well-being. All possible means should be employed, including “material assistance and support programmes” for children and families (art. 27.3), in order to assure to young children a basic standard of living consistent with rights. Implementing children’s right to benefit from social security, including social insurance, is an important element of any strategy (art. 26).","labels":["Children","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"27","source":"regex"},{"treaty":"CRC","article":"26","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0027","docId":"crc-c-gc-7-rev-1","idx":27,"n":27,"text":"27. Health-care provision. States parties should ensure that all children have access to the highest attainable standard of health care and nutrition during their early years, in order to reduce infant mortality and enable children to enjoy a healthy start in life (art. 24). In particular:","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[{"n":2,"text":"See Global Strategy for Infant and Young Child Feeding, World Health Organization, 2003. -----"}],"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"24","source":"regex"},{"treaty":"CRC","article":"24","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0028","docId":"crc-c-gc-7-rev-1","idx":28,"n":28,"text":"Early childhood education. The Convention recognizes the right of the child to education, and primary education should be made compulsory and available free to all (art. 28). The Committee recognizes with appreciation that some States parties are planning to make one year of preschool education available and free of cost for all children. The Committee interprets the right to education during early childhood as beginning at birth and closely linked to young children’s right to maximum development (art. 6.2). Linking education to development is elaborated in article 29.1: “States parties agree that the education of the child shall be directed to: (a) the development of the child’s personality, talents and mental and physical abilities to their fullest potential”. General comment No. 1 on the aims of education explains that the goal is to “empower the child by developing his or her skills, learning and other capacities, human dignity, self-esteem and self-confidence” and that this must be achieved in ways that are child-centred, child-friendly and reflect the rights and inherent dignity of the child (para. 2). States parties are reminded that children’s right to education include all children, and that girls should be enabled to participate in education, without discrimination of any kind (art. 2).","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"6","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0029","docId":"crc-c-gc-7-rev-1","idx":29,"n":29,"text":"29. Parental and public responsibilities for early childhood education. The principle that parents (and other primary caregivers) are children’s first educators is well established and endorsed within the Convention’s emphasis on respect for the responsibilities of parents (sect. IV above). They are expected to provide appropriate direction and guidance to young children in the exercise of their rights, and provide an environment of reliable and affectionate relationships based on respect and understanding (art. 5). The Committee invites States parties to make this principle a starting point for planning early education, in two respects:","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0030","docId":"crc-c-gc-7-rev-1","idx":30,"n":30,"text":"The Committee calls on States parties to ensure that all young children receive education in the broadest sense (as outlined in paragraph 28 above), which acknowledges a key role for parents, wider family and community, as well as the contribution of organized programmes of early childhood education provided by the State, the community or civil society institutions. Research evidence demonstrates the potential for quality education programmes to have a positive impact on young children’s successful transition to primary school, their educational progress and their long-term social adjustment. Many countries and regions now provide comprehensive early education starting at 4 years old, which in some countries is integrated with childcare for working parents. Acknowledging that traditional divisions between “care” and “education” services have not always been in children’s best interests, the concept of “Educare” is sometimes used to signal a shift towards integrated services, and reinforces the recognition of the need for a coordinated, holistic, multisectoral approach to early childhood.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0031","docId":"crc-c-gc-7-rev-1","idx":31,"n":31,"text":"Community-based programmes. The Committee recommends that States parties support early childhood development programmes, including home- and community-based preschool programmes, in which the empowerment and education of parents (and other caregivers) are main features. States parties have a key role to play in providing a legislative framework for the provision of quality, adequately resourced services, and for ensuring that standards are tailored to the circumstances of particular groups and individuals and to the developmental priorities of particular age groups, from infancy through to transition into school. They are encouraged to construct high-quality, developmentally appropriate and culturally relevant programmes and to achieve this by working with local communities rather by imposing a standardized approach to early childhood care and education. The Committee also recommends that States parties pay greater attention to, and actively support, a rights-based approach to early childhood programmes, including initiatives surrounding transition to primary school that ensure continuity and progression, in order to build children’s confidence, communication skills and enthusiasm for learning through their active involvement in, among others, planning activities.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0032","docId":"crc-c-gc-7-rev-1","idx":32,"n":32,"text":"32. The private sector as service provider. With reference to its recommendations adopted during its 2002 day of general discussion on “The private sector as service provider and its role in implementing child rights” (see CRC/C/121, paras. 630653), the Committee recommends that States parties support the activities of the nongovernmental sector as a channel for programme implementation. It further calls on all nonState service providers (“for profit” as well as “nonprofit” providers) to respect the principles and provisions of the Convention and, in this regard, reminds States parties of their primary obligation to ensure its implementation. Early childhood professionals in both the State and nonState sectors should be provided with thorough preparation, ongoing training and adequate remuneration. In this context, States parties are responsible for service provision for early childhood development. The role of civil society should be complementary to not a substitute for the role of the State. Where nonState services play a major role, the Committee reminds States parties that they have an obligation to monitor and regulate the quality of provision to ensure that children’s rights are protected and their best interests served.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"]},{"id":"crc-c-gc-7-rev-1-0033","docId":"crc-c-gc-7-rev-1","idx":33,"n":33,"text":"Human rights education in early childhood. In light of article 29 and the Committee’s general comment No. 1 (2001), the Committee also recommends that States parties include human rights education within early childhood education. Such education should be participatory and empowering to children, providing them with practical opportunities to exercise their rights and responsibilities in ways adapted to their interests, concerns and evolving capacities. Human rights education of young children should be anchored in everyday issues at home, in childcare centres, in early education programmes and other community settings with which young children can identify.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0034","docId":"crc-c-gc-7-rev-1","idx":34,"n":34,"text":"Right to rest, leisure and play. The Committee notes that insufficient attention has been given by States parties and others to the implementation of the provisions of article 31 of the Convention, which guarantees “the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts”. Play is one of the most distinctive features of early childhood. Through play, children both enjoy and challenge their current capacities, whether they are playing alone or with others. The value of creative play and exploratory learning is widely recognized in early childhood education. Yet realizing the right to rest, leisure and play is often hindered by a shortage of opportunities for young children to meet, play and interact in child-centred, secure, supportive, stimulating and stress-free environments. Children’s right-to-play space is especially at risk in many urban environments, where the design and density of housing, commercial centres and transport systems combine with noise, pollution and all manner of dangers to create a hazardous environment for young children. Children’s right to play can also be frustrated by excessive domestic chores (especially affecting girls) or by competitive schooling. Accordingly, the Committee appeals to States parties, non-governmental organizations and private actors to identify and remove potential obstacles to the enjoyment of these rights by the youngest children, including as part of poverty reduction strategies. Planning for towns, and leisure and play facilities should take account of children’s right to express their views (art. 12), through appropriate consultations. In all these respects, States parties are encouraged to pay greater attention and allocate adequate resources (human and financial) to the implementation of the right to rest, leisure and play.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0035","docId":"crc-c-gc-7-rev-1","idx":35,"n":35,"text":"Modern communications technologies and early childhood. Article 17 recognizes the potential for both traditional print-based media and modern information technology-based mass media to contribute positively to the realization of children’s rights. Early childhood is a specialist market for publishers and media producers, who should be encouraged to disseminate material that is appropriate to the capacities and interests of young children, socially and educationally beneficial to their well-being, and which reflects the national and regional diversities of children’s circumstances, culture and language. Particular attention should be given to the need of minority groups for access to media that promote their recognition and social inclusion. Article 17 (e) also refers to the role of States parties in ensuring that children are protected from inappropriate and potentially harmful material. Rapid increases in the variety and accessibility of modern technologies, including Internet-based media, are a particular cause for concern. Young children are especially at risk if they are exposed to inappropriate or offensive material. States parties are urged to regulate media production and delivery in ways that protect young children, as well as support parents/caregivers to fulfil their child-rearing responsibilities in this regard (art. 18). CRC/C/GC/7/Rev.1 page 16","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. COMPREHENSIVE POLICIES AND PROGRAMMES FOR EARLY CHILDHOOD, ESPECIALLY FOR VULNERABLE CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"17","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0036","docId":"crc-c-gc-7-rev-1","idx":36,"n":36,"text":"36. Young children’s vulnerability to risks. Throughout this general comment the Committee notes that large numbers of young children grow up in difficult circumstances that are frequently in violation of their rights. Young children are especially vulnerable to the harm caused by unreliable, inconsistent relationships with parents and caregivers, or growing up in extreme poverty and deprivation, or being surrounded by conflict and violence or displaced from their homes as refugees, or any number of other adversities prejudicial to their wellbeing. Young children are less able to comprehend these adversities or resist harmful effects on their health, or physical, mental, spiritual, moral or social development. They are especially at risk where parents or other caregivers are unable to offer adequate protection, whether due to illness, or death, or due to disruption to families or communities. Whatever the difficult circumstances, young children require particular consideration because of the rapid developmental changes they are experiencing; they are more vulnerable to disease, trauma, and distorted or disturbed development, and they are relatively powerless to avoid or resist difficulties and are dependent on others to offer protection and promote their best interests. In the following paragraphs, the Committee draws States parties’ attention to major difficult circumstances referred to in the Convention that have clear implications for rights in early childhood. This list is not exhaustive, and children may in any case be subject to multiple risks. In general, the goal of States parties should be to ensure that every child, in every circumstance, receives adequate protection in fulfilment of their rights:","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons with disabilities","Persons living in poverty","Persons affected by armed conflict","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VI. YOUNG CHILDREN IN NEED OF SPECIAL PROTECTION"],"citedArticles":[{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 19 of CRC — protection from abuse and neglect. Explicitly '(art. 19)' in the enumeration of difficult circumstances."},{"article":"20","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 20 of CRC — deprivation of family environment. Cited in conjunction with art. 19 in the same Convention list."},{"article":"21","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 21 of CRC — adoption."},{"article":"21","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Second occurrence of art. 21 of CRC in the same list."},{"article":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 3 of CRC — best interests of the child. Part of the same Convention-based enumeration of protections for young children."},{"article":"22","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 22 of CRC — refugee children. Enumerated in the list of CRC articles relevant to difficult circumstances."},{"article":"23","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 23 of CRC — children with disabilities."},{"article":"32","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 32 of CRC — child labour."},{"article":"33","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 33 of CRC — protection from narcotic drugs."},{"article":"34","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 34 of CRC — sexual exploitation."},{"article":"35","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 35 of CRC — abduction, sale, trafficking."},{"article":"40","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 40 of CRC — juvenile justice."},{"article":"18","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Article 18 of CRC — parental responsibilities. Part of the same enumeration within CRC context."}]},{"id":"crc-c-gc-7-rev-1-0037","docId":"crc-c-gc-7-rev-1","idx":37,"n":37,"text":"In each of these circumstances, and in the case of all other forms of exploitation (art. 36), the Committee urges States parties to incorporate the particular situation of young children into all legislation, policies and interventions to promote physical and psychological recovery and social reintegration within an environment that promotes dignity and self-respect (art. 39).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VI. YOUNG CHILDREN IN NEED OF SPECIAL PROTECTION"],"citedArticles":[{"treaty":"CRC","article":"36","source":"regex"},{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0038","docId":"crc-c-gc-7-rev-1","idx":38,"n":38,"text":"38. Resource allocation for early childhood. In order to ensure that young children’s rights are fully realized during this crucial phase of their lives (and bearing in mind the impact of early childhood experiences on their longterm prospects), States parties are urged to adopt comprehensive, strategic and timebound plans for early childhood within a rightsbased framework. This requires an increase in human and financial resource allocations for early childhood services and programmes (art. 4). The Committee acknowledges that States parties implementing child rights in early childhood do so from very different starting points, in terms of existing infrastructures for early childhood policies, services and professional training, as well as levels of resources potentially available to allocate to early childhood. The Committee also acknowledges that States parties may be faced with competing priorities to implement rights throughout childhood, for example where universal health services and primary education have still not been achieved. It is nonetheless important that there be sufficient public investment in","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"],"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-7-rev-1-0039","docId":"crc-c-gc-7-rev-1","idx":39,"n":39,"text":"Data collection and management. The Committee reiterates the importance of comprehensive and up-to-date quantitative and qualitative data on all aspects of early childhood for the formulation, monitoring and evaluation of progress achieved, and for assessment of the impact of policies. The Committee is aware that many States parties lack adequate national data collection systems on early childhood for many areas covered by the Convention, and in particular that specific and disaggregated information on children in the early years is not readily available. The Committee urges all States parties to develop a system of data collection and indicators consistent with the Convention and disaggregated by gender, age, family structure, urban and rural residence, and other relevant categories. This system should cover all children up to the age of 18 years, with specific emphasis on early childhood, particularly children belonging to vulnerable groups.","labels":["Children","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"]},{"id":"crc-c-gc-7-rev-1-0040","docId":"crc-c-gc-7-rev-1","idx":40,"n":40,"text":"Capacity-building for research in early childhood. The Committee noted earlier in this general comment that extensive research has been carried out on aspects of children’s health, growth, and cognitive, social and cultural development, on the influence of both positive and negative factors on their well-being, and on the potential impact of early childhood care and education programmes. Increasingly, research is also being carried out on early childhood from a human rights perspective, notably on ways that children’s participatory rights can be respected, including through their participation in the research process. Theory and evidence from early childhood research has a great deal to offer in the development of policies and practices, as well as in the monitoring and evaluation of initiatives and the education and training of all responsible for the well-being of young children. But the Committee also draws attention to the limitations of current research, through its focus mainly on early childhood in a limited range of contexts and regions of the world. As part of planning for early childhood, the Committee encourages States parties to develop national and local capacities for early childhood research, especially from a rights-based perspective.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"]},{"id":"crc-c-gc-7-rev-1-0041","docId":"crc-c-gc-7-rev-1","idx":41,"n":41,"text":"Training for rights in early childhood. Knowledge and expertise about early childhood are not static but change over time. This is due variously to social trends impacting on the lives of young children, their parents and other caregivers, changing policies and priorities for their care and education, innovations in childcare, curricula and pedagogy, as well as the emergence of new research. Implementing child rights in early childhood sets challenges for all those responsible for children, as well as for children themselves as they gain an understanding of their role in their families, schools and communities. States parties are encouraged to undertake systematic child rights training for children and their parents, as well as for all professionals working for and with children, in particular parliamentarians, judges, magistrates, lawyers, law enforcement officials, civil servants, personnel in institutions and places of detention for children, teachers, health personnel, social workers and local leaders. Furthermore, the Committee urges States parties to conduct awareness-raising campaigns for the public at large. CRC/C/GC/7/Rev.1 page 20","labels":["Children","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"]},{"id":"crc-c-gc-7-rev-1-0042","docId":"crc-c-gc-7-rev-1","idx":42,"n":42,"text":"International assistance. Acknowledging the resource constraints affecting many States parties seeking to implement the comprehensive provisions outlined in this general comment, the Committee recommends that donor institutions, including the World Bank, other United Nations bodies and bilateral donors support early childhood development programmes financially and technically, and that it be one of their main targets in assisting sustainable development in countries receiving international assistance. Effective international cooperation can also strengthen capacity-building for early childhood, in terms of policy development, programme development, research and professional training.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"]},{"id":"crc-c-gc-7-rev-1-0043","docId":"crc-c-gc-7-rev-1","idx":43,"n":43,"text":"Looking forward. The Committee urges all States parties, inter-governmental organizations, non-governmental organizations, academics, professional groups and grass-roots communities to continue advocating for the establishment of independent institutions on children’s rights and foster continuous, high-level policy dialogues and research on the crucial importance of quality in early childhood, including dialogues at international, national, regional and local levels.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VII. CAPACITY-BUILDING FOR EARLY CHILDHOOD"]},{"id":"crc-c-gc-8-0001","docId":"crc-c-gc-8","idx":1,"n":1,"text":"Following its two days of general discussion on violence against children, held in 2000 and 2001, the Committee on the Rights of the Child resolved to issue a series of general comments concerning eliminating violence against children, of which this is the first. The Committee aims to guide States parties in understanding the provisions of the Convention concerning the protection of children against all forms of violence. This general comment focuses on corporal punishment and other cruel or degrading forms of punishment, which are currently very widely accepted and practised forms of violence against children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["I. OBJECTIVES"]},{"id":"crc-c-gc-8-0002","docId":"crc-c-gc-8","idx":2,"n":2,"text":"The Convention on the Rights of the Child and other international human rights instruments recognize the right of the child to respect for the child’s human dignity and physical integrity and equal protection under the law. The Committee is issuing this general comment to highlight the obligation of all States parties to move quickly to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment of children and to outline the legislative and other awareness-raising and educational measures that States must take.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["I. OBJECTIVES"]},{"id":"crc-c-gc-8-0003","docId":"crc-c-gc-8","idx":3,"n":3,"text":"Addressing the widespread acceptance or tolerance of corporal punishment of children and eliminating it, in the family, schools and other settings, is not only an obligation of States parties under the Convention. It is also a key strategy for reducing and preventing all forms of violence in societies.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["I. OBJECTIVES"]},{"id":"crc-c-gc-8-0004","docId":"crc-c-gc-8","idx":4,"n":4,"text":"The Committee has, from its earliest sessions, paid special attention to asserting children’s right to protection from all forms of violence. In its examination of States parties’ reports, and most recently in the context of the United Nations Secretary-General’s study on violence against children, it has noted with great concern the widespread legality and persisting social approval of corporal punishment and other cruel or degrading punishment of children.[[fn:1]] Already in 1993, the Committee noted in the report of its fourth session that it “recognized the importance of the question of corporal punishment in improving the system of promotion and protection of the rights of the child and decided to continue to devote attention to it in the process of examining States parties’ reports”.[[fn:2]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"]},{"id":"crc-c-gc-8-0005","docId":"crc-c-gc-8","idx":5,"n":5,"text":"5. Since it began examining States parties’ reports the Committee has recommended prohibition of all corporal punishment, in the family and other settings, to more than 130 States in all continents. The Committee is encouraged that a growing number of States are taking appropriate legislative and other measures to assert children’s right to respect for their human dignity and physical integrity and to equal protection under the law. The Committee understands that by 2006, more than 100 States had prohibited corporal punishment in their schools and penal systems for children. A growing number have completed prohibition in the home and family and all forms of alternative care.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"]},{"id":"crc-c-gc-8-0006","docId":"crc-c-gc-8","idx":6,"n":6,"text":"In September 2000, the Committee held the first of two days of general discussion on violence against children. It focused on “State violence against children” and afterwards adopted detailed recommendations, including for the prohibition of all corporal punishment and the CRC/C/GC/8 page 4 launching of public information campaigns “to raise awareness and sensitize the public about the severity of human rights violations in this domain and their harmful impact on children, and to address cultural acceptance of violence against children, promoting instead ‘zero-tolerance’ of violence”.[[fn:5]]","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"]},{"id":"crc-c-gc-8-0007","docId":"crc-c-gc-8","idx":7,"n":7,"text":"7. In April 2001, the Committee adopted its first general comment on “The aims of education” and reiterated that corporal punishment is incompatible with the Convention: “… Children do not lose their human rights by virtue of passing through the school gates. Thus, for example, education must be provided in a way that respects the inherent dignity of the child, enables the child to express his or her views freely in accordance with article 12, paragraph 1, and to participate in school life. Education must also be provided in a way that respects the strict limits on discipline reflected in article 28, paragraph 2, and promotes non-violence in school. The Committee has repeatedly made clear in its concluding observations that the use of corporal punishment does not respect the inherent dignity of the child nor the strict limits on school discipline …”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-8-0008","docId":"crc-c-gc-8","idx":8,"n":8,"text":"8. In recommendations adopted following the second day of general discussion, on “Violence against children within the family and in schools”, held in September 2001, the Committee called upon States to “enact or repeal, as a matter of urgency, their legislation in order to prohibit all forms of violence, however light, within the family and in schools, including as a form of discipline, as required by the provisions of the Convention ...”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"]},{"id":"crc-c-gc-8-0009","docId":"crc-c-gc-8","idx":9,"n":9,"text":"9. Another outcome of the Committee’s 2000 and 2001 days of general discussion was a recommendation that the United Nations Secretary-General should be requested, through the General Assembly, to carry out an in-depth international study on violence against children. The United Nations General Assembly took this forward in 2001. Within the context of the United Nations study, carried out between 2003 and 2006, the need to prohibit all currently legalized violence against children has been highlighted, as has children’s own deep concern at the almost universal high prevalence of corporal punishment in the family and also its persisting legality in many States in schools and other institutions, and in penal systems for children in conflict with the law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["II. BACKGROUND"]},{"id":"crc-c-gc-8-0010","docId":"crc-c-gc-8","idx":10,"n":10,"text":"10. “Child” is defined as in the Convention as “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0011","docId":"crc-c-gc-8","idx":11,"n":11,"text":"11. The Committee defines “corporal” or “physical” punishment as any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting (“smacking”, “slapping”, “spanking”) children, with the hand or with an implement - a whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, for example, kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, forcing children to stay in uncomfortable positions, burning, scalding or forced ingestion (for example, washing children’s mouths out with soap or forcing them to swallow hot spices). In the view of the Committee, corporal punishment is invariably degrading. In addition, there are other non-physical forms of punishment that are also cruel and degrading and thus incompatible with the Convention. These include, for example, punishment which belittles, humiliates, denigrates, scapegoats, threatens, scares or ridicules the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0012","docId":"crc-c-gc-8","idx":12,"n":12,"text":"12. Corporal punishment and other cruel or degrading forms of punishment of children take place in many settings, including within the home and family, in all forms of alternative care, schools and other educational institutions and justice systems - both as a sentence of the courts and as a punishment within penal and other institutions - in situations of child labour, and in the community.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0013","docId":"crc-c-gc-8","idx":13,"n":13,"text":"13. In rejecting any justification of violence and humiliation as forms of punishment for children, the Committee is not in any sense rejecting the positive concept of discipline. The healthy development of children depends on parents and other adults for necessary guidance and direction, in line with children’s evolving capacities, to assist their growth towards responsible life in society.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0014","docId":"crc-c-gc-8","idx":14,"n":14,"text":"14. The Committee recognizes that parenting and caring for children, especially babies and young children, demand frequent physical actions and interventions to protect them. This is quite distinct from the deliberate and punitive use of force to cause some degree of pain, discomfort or humiliation. As adults, we know for ourselves the difference between a protective physical action and a punitive assault; it is no more difficult to make a distinction in relation to actions involving children. The law in all States, explicitly or implicitly, allows for the use of non-punitive and necessary force to protect people.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0015","docId":"crc-c-gc-8","idx":15,"n":15,"text":"15. The Committee recognizes that there are exceptional circumstances in which teachers and others, e.g. those working with children in institutions and with children in conflict with the law, may be confronted by dangerous behaviour which justifies the use of reasonable restraint to control it. Here too there is a clear distinction between the use of force motivated by the need to protect a child or others and the use of force to punish. The principle of the minimum necessary use of force for the shortest necessary period of time must always apply. Detailed guidance and training is also required, both to minimize the necessity to use restraint and to ensure that any methods used are safe and proportionate to the situation and do not involve the deliberate infliction of pain as a form of control.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["III. DEFINITIONS"]},{"id":"crc-c-gc-8-0016","docId":"crc-c-gc-8","idx":16,"n":16,"text":"16. Before the adoption of the Convention on the Rights of the Child, the International Bill of Human Rights - the Universal Declaration and the two International Covenants, on Civil and Political Rights and on Economic, Social and Cultural Rights - upheld “everyone’s” right to respect for his/her human dignity and physical integrity and to equal protection under the law. In asserting States’ obligation to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment, the Committee notes that the Convention on the Rights of the Child builds on this foundation. The dignity of each and every individual is the fundamental guiding principle of international human rights law.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0017","docId":"crc-c-gc-8","idx":17,"n":17,"text":"17. The preamble to the Convention on the Rights of the Child affirms, in accordance with the principles in the Charter of the United Nations, repeated in the preamble to the Universal Declaration, that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”. The preamble to the Convention also recalls that, in the Universal Declaration, the United Nations “has proclaimed that childhood is entitled to special care and assistance”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0018","docId":"crc-c-gc-8","idx":18,"n":18,"text":"18. Article 37 of the Convention requires States to ensure that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”. This is complemented and extended by article 19, which requires States to “take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child”. There is no ambiguity: “all forms of physical or mental violence” does not leave room for any level of legalized violence against children. Corporal punishment and other cruel or degrading forms of punishment are forms of violence and States must take all appropriate legislative, administrative, social and educational measures to eliminate them.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"37","source":"regex"},{"treaty":"CRC","article":"19","source":"regex"}]},{"id":"crc-c-gc-8-0019","docId":"crc-c-gc-8","idx":19,"n":19,"text":"19. In addition, article 28, paragraph 2, of the Convention refers to school discipline and requires States parties to “take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-8-0020","docId":"crc-c-gc-8","idx":20,"n":20,"text":"20. Article 19 and article 28, paragraph 2, do not refer explicitly to corporal punishment. The travaux préparatoires for the Convention do not record any discussion of corporal punishment during the drafting sessions. But the Convention, like all human rights instruments, must be regarded as a living instrument, whose interpretation develops over time. In the 17 years since the Convention was adopted, the prevalence of corporal punishment of children in their homes, schools and other institutions has become more visible, through the reporting process under the Convention and through research and advocacy by, among others, national human rights institutions and non-governmental organizations (NGOs).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"28","source":"regex"}]},{"id":"crc-c-gc-8-0021","docId":"crc-c-gc-8","idx":21,"n":21,"text":"21. Once visible, it is clear that the practice directly conflicts with the equal and inalienable rights of children to respect for their human dignity and physical integrity. The distinct nature of children, their initial dependent and developmental state, their unique human potential as well as their vulnerability, all demand the need for more, rather than less, legal and other protection from all forms of violence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0022","docId":"crc-c-gc-8","idx":22,"n":22,"text":"22. The Committee emphasizes that eliminating violent and humiliating punishment of children, through law reform and other necessary measures, is an immediate and unqualified obligation of States parties. It notes that other treaty bodies, including the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee against Torture have reflected the same view in their concluding observations on States parties’ reports under the relevant instruments, recommending prohibition and other measures against corporal punishment in schools, penal systems and, in some cases, the family. For example, the Committee on Economic, Social and Cultural Rights, in its general comment No. 13 (1999) on “The right to education” stated: “In the Committee’s view, corporal punishment is inconsistent with the fundamental guiding principle of international human rights law enshrined in the Preambles to the Universal Declaration and both Covenants: the dignity of the individual. Other aspects of school discipline may also be inconsistent with school discipline, including public humiliation.”","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0023","docId":"crc-c-gc-8","idx":23,"n":23,"text":"23. Corporal punishment has also been condemned by regional human rights mechanisms. The European Court of Human Rights, in a series of judgements, has progressively condemned corporal punishment of children, first in the penal system, then in schools, including private schools, and most recently in the home. The European Committee of Social Rights, monitoring compliance of member States of the Council of Europe with the European Social Charter and Revised Social Charter, has found that compliance with the Charters requires prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0024","docId":"crc-c-gc-8","idx":24,"n":24,"text":"24. An Advisory Opinion of the Inter-American Court of Human Rights, on the Legal Status and Human Rights of the Child (2002) holds that the States parties to the American Convention on Human Rights “are under the obligation … to adopt all positive measures required to ensure protection of children against mistreatment, whether in their relations with public authorities, or in relations among individuals or with non-governmental entities”. The Court quotes provisions of the Convention on the Rights of the Child, conclusions of the Committee on the Rights of the Child and also judgements of the European Court of Human Rights relating to States’ obligations to protect children from violence, including within the family. The Court concludes that “the State has the duty to adopt positive measures to fully ensure effective exercise of the rights of the child”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0025","docId":"crc-c-gc-8","idx":25,"n":25,"text":"25. The African Commission on Human and Peoples’ Rights monitors implementation of the African Charter on Human and Peoples’ Rights. In a 2003 decision on an individual communication concerning a sentence of “lashes” imposed on students, the Commission found that the punishment violated article 5 of the African Charter, which prohibits cruel, inhuman or degrading punishment. It requested the relevant Government to amend the law, abolishing the penalty of lashes, and to take appropriate measures to ensure compensation of the victims. In its decision, the Commission states: “There is no right for individuals, and particularly the Government of a country to apply physical violence to individuals for offences. Such a right would be tantamount to sanctioning State-sponsored torture under the Charter and contrary to the very nature of this human rights treaty.” The Committee on the Rights of the Child is pleased to note that constitutional and other high-level courts in many countries have issued decisions condemning corporal punishment of children in some or all settings, and in most cases quoting the Convention on the Rights of the Child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-8-0026","docId":"crc-c-gc-8","idx":26,"n":26,"text":"26. When the Committee on the Rights of the Child has raised eliminating corporal punishment with certain States during the examination of their reports, governmental representatives have sometimes suggested that some level of “reasonable” or “moderate” corporal punishment can be justified as in the “best interests” of the child. The Committee has identified, as an important general principle, the Convention’s requirement that the best interests of the child should be a primary consideration in all actions concerning children (art. 3, para. 1). The Convention also asserts, in article 18, that the best interests of the child will be parents’ basic concern. But interpretation of a child’s best interests must be consistent with the whole Convention, including the obligation to protect children from all forms of violence and the requirement to give due weight to the child’s views; it cannot be used to justify practices, including corporal punishment and other forms of cruel or degrading punishment, which conflict with the child’s human dignity and right to physical integrity.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"}]},{"id":"crc-c-gc-8-0027","docId":"crc-c-gc-8","idx":27,"n":27,"text":"27. The preamble to the Convention upholds the family as “the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children”. The Convention requires States to respect and support families. There is no conflict whatsoever with States’ obligation to ensure that the human dignity and physical integrity of children within the family receive full protection alongside other family members.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"]},{"id":"crc-c-gc-8-0028","docId":"crc-c-gc-8","idx":28,"n":28,"text":"28. Article 5 requires States to respect the responsibilities, rights and duties of parents “to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention”. Here again, interpretation of “appropriate” direction and guidance must be consistent with the whole Convention and leaves no room for justification of violent or other cruel or degrading forms of discipline.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"}]},{"id":"crc-c-gc-8-0029","docId":"crc-c-gc-8","idx":29,"n":29,"text":"29. Some raise faith-based justifications for corporal punishment, suggesting that certain interpretations of religious texts not only justify its use, but provide a duty to use it. Freedom of religious belief is upheld for everyone in the International Covenant on Civil and Political Rights (art. 18), but practice of a religion or belief must be consistent with respect for others’ human dignity and physical integrity. Freedom to practise one’s religion or belief may be legitimately limited in order to protect the fundamental rights and freedoms of others. In certain States, the Committee has found that children, in some cases from a very young age, in other cases from the time that they are judged to have reached puberty, may be sentenced to punishments of extreme violence, including stoning and amputation, prescribed under certain interpretations of religious law. Such punishments plainly violate the Convention and other international human rights standards, as has been highlighted also by the Human Rights Committee and the Committee against Torture, and must be prohibited.","labels":["Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["IV. HUMAN RIGHTS STANDARDS AND CORPORAL PUNISHMENT OF CHILDREN"],"citedArticles":[{"treaty":"ICCPR","article":"18","source":"regex"}]},{"id":"crc-c-gc-8-0030","docId":"crc-c-gc-8","idx":30,"n":30,"text":"30. The wording of article 19 of the Convention builds upon article 4 and makes clear that legislative as well as other measures are required to fulfil States’ obligations to protect children from all forms of violence. The Committee has welcomed the fact that, in many States, the Convention or its principles have been incorporated into domestic law. All States have criminal laws to protect citizens from assault. Many have constitutions and/or legislation reflecting international human rights standards and article 37 of the Convention on the Rights of the Child, which uphold “everyone’s” right to protection from torture and cruel, inhuman or degrading treatment or punishment. Many also have specific child protection laws that make “illtreatment” or “abuse” or “cruelty” an offence. But the Committee has learned from its examination of States’ reports that such legislative provisions do not generally guarantee the child protection from all corporal punishment and other cruel or degrading forms of punishment, in the family and in other settings.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"],"citedArticles":[{"treaty":"CRC","article":"19","source":"regex"},{"treaty":"CRC","article":"4","source":"regex"},{"treaty":"CRC","article":"37","source":"regex"}]},{"id":"crc-c-gc-8-0031","docId":"crc-c-gc-8","idx":31,"n":31,"text":"31. In its examination of reports, the Committee has noted that in many States there are explicit legal provisions in criminal and/or civil (family) codes that provide parents and other carers with a defence or justification for using some degree of violence in “disciplining” children. For example, the defence of “lawful”, “reasonable” or “moderate” chastisement or correction has formed part of English common law for centuries, as has a “right of correction” in French law. At one time in many States the same defence was also available to justify the chastisement of wives by their husbands and of slaves, servants and apprentices by their masters. The Committee emphasizes that the Convention requires the removal of any provisions (in statute or common - case law) that allow some degree of violence against children (e.g. “reasonable” or “moderate” chastisement or correction), in their homes/families or in any other setting.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0032","docId":"crc-c-gc-8","idx":32,"n":32,"text":"32. In some States, corporal punishment is specifically authorized in schools and other institutions, with regulations setting out how it is to be administered and by whom. And in a minority of States, corporal punishment using canes or whips is still authorized as a sentence of the courts for child offenders. As frequently reiterated by the Committee, the Convention requires the repeal of all such provisions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0033","docId":"crc-c-gc-8","idx":33,"n":33,"text":"33. In some States, the Committee has observed that while there is no explicit defence or justification of corporal punishment in the legislation, nevertheless traditional attitudes to children imply that corporal punishment is permitted. Sometimes these attitudes are reflected in court decisions (in which parents or teachers or other carers have been acquitted of assault or illtreatment on the grounds that they were exercising a right or freedom to use moderate “correction”).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0034","docId":"crc-c-gc-8","idx":34,"n":34,"text":"34. In the light of the traditional acceptance of violent and humiliating forms of punishment of children, a growing number of States have recognized that simply repealing authorization of corporal punishment and any existing defences is not enough. In addition, explicit prohibition of corporal punishment and other cruel or degrading forms of punishment, in their civil or criminal legislation, is required in order to make it absolutely clear that it is as unlawful to hit or “smack” or “spank” a child as to do so to an adult, and that the criminal law on assault does apply equally to such violence, regardless of whether it is termed “discipline” or “reasonable correction”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0035","docId":"crc-c-gc-8","idx":35,"n":35,"text":"35. Once the criminal law applies fully to assaults on children, the child is protected from corporal punishment wherever he or she is and whoever the perpetrator is. But in the view of the Committee, given the traditional acceptance of corporal punishment, it is essential that the applicable sectoral legislation - e.g. family law, education law, law relating to all forms of alternative care and justice systems, employment law - clearly prohibits its use in the relevant settings. In addition, it is valuable if professional codes of ethics and guidance for teachers, carers and others, and also the rules or charters of institutions, emphasize the illegality of corporal punishment and other cruel or degrading forms of punishment.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0036","docId":"crc-c-gc-8","idx":36,"n":36,"text":"36. The Committee is also concerned at reports that corporal punishment and other cruel or degrading punishments are used in situations of child labour, including in the domestic context. The Committee reiterates that the Convention and other applicable human rights instruments protect the child from economic exploitation and from any work that is likely to be hazardous, interferes with the child’s education, or is harmful to the child’s development, and that they require certain safeguards to ensure the effective enforcement of this protection. The Committee emphasizes that it is essential that the prohibition of corporal punishment and other cruel or degrading forms of punishment must be enforced in any situations in which children are working.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"]},{"id":"crc-c-gc-8-0037","docId":"crc-c-gc-8","idx":37,"n":37,"text":"37. Article 39 of the Convention requires States to take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of “any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment”. Corporal punishment and other degrading forms of punishment may inflict serious damage to the physical, psychological and social development of children, requiring appropriate health and other care and treatment. This must take place in an environment that fosters the integral health, self-respect and dignity of the child, and be extended as appropriate to the child’s family group. There should be an interdisciplinary approach to planning and providing care and treatment, with specialized training of the professionals involved. The child’s views should be given due weight concerning all aspects of their treatment and in reviewing it.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","1. Legislative measures"],"citedArticles":[{"treaty":"CRC","article":"39","source":"regex"}]},{"id":"crc-c-gc-8-0038","docId":"crc-c-gc-8","idx":38,"n":38,"text":"38. The Committee believes that implementation of the prohibition of all corporal punishment requires awareness-raising, guidance and training (see paragraph 45 et seq. below) for all those involved. This must ensure that the law operates in the best interests of the affected children - in particular when parents or other close family members are the perpetrators. The first purpose of law reform to prohibit corporal punishment of children within the family is prevention: to prevent violence against children by changing attitudes and practice, underlining children’s right to equal protection and providing an unambiguous foundation for child protection and for the promotion of positive, non-violent and participatory forms of childrearing.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"]},{"id":"crc-c-gc-8-0039","docId":"crc-c-gc-8","idx":39,"n":39,"text":"39. Achieving a clear and unconditional prohibition of all corporal punishment will require varying legal reforms in different States parties. It may require specific provisions in sectoral laws covering education, juvenile justice and all forms of alternative care. But it should be made explicitly clear that the criminal law provisions on assault also cover all corporal punishment, including in the family. This may require an additional provision in the criminal code of the State party. But it is also possible to include a provision in the civil code or family law, prohibiting the use of all forms of violence, including all corporal punishment. Such a provision emphasizes that parents or other caretakers can no longer use any traditional defence that it is their right (“reasonably” or “moderately”) to use corporal punishment if they face prosecution under the criminal code. Family law should also positively emphasize that parental responsibility includes providing appropriate direction and guidance to children without any form of violence.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"]},{"id":"crc-c-gc-8-0040","docId":"crc-c-gc-8","idx":40,"n":40,"text":"40. The principle of equal protection of children and adults from assault, including within the family, does not mean that all cases of corporal punishment of children by their parents that come to light should lead to prosecution of parents. The de minimis principle - that the law does not concern itself with trivial matters - ensures that minor assaults between adults only come to court in very exceptional circumstances; the same will be true of minor assaults on children. States need to develop effective reporting and referral mechanisms. While all reports of violence against children should be appropriately investigated and their protection from significant harm assured, the aim should be to stop parents from using violent or other cruel or degrading punishments through supportive and educational, not punitive, interventions.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"]},{"id":"crc-c-gc-8-0041","docId":"crc-c-gc-8","idx":41,"n":41,"text":"41. Children’s dependent status and the unique intimacy of family relations demand that decisions to prosecute parents, or to formally intervene in the family in other ways, should be taken with very great care. Prosecuting parents is in most cases unlikely to be in their children’s best interests. It is the Committee’s view that prosecution and other formal interventions (for example, to remove the child or remove the perpetrator) should only proceed when they are regarded both as necessary to protect the child from significant harm and as being in the best interests of the affected child. The affected child’s views should be given due weight, according to his or her age and maturity.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"]},{"id":"crc-c-gc-8-0042","docId":"crc-c-gc-8","idx":42,"n":42,"text":"42. Advice and training for all those involved in child protection systems, including the police, prosecuting authorities and the courts, should underline this approach to enforcement of the law. Guidance should also emphasize that article 9 of the Convention requires that any separation of the child from his or her parents must be deemed necessary in the best interests of the child and be subject to judicial review, in accordance with applicable law and procedures, with all interested parties, including the child, represented. Where separation is deemed to be justified, alternatives to placement of the child outside the family should be considered, including removal of the perpetrator, suspended sentencing, and so on.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"],"citedArticles":[{"treaty":"CRC","article":"9","source":"regex"}]},{"id":"crc-c-gc-8-0043","docId":"crc-c-gc-8","idx":43,"n":43,"text":"43. Where, despite prohibition and positive education and training programmes, cases of corporal punishment come to light outside the family home - in schools, other institutions and forms of alternative care, for example - prosecution may be a reasonable response. The threat to the perpetrator of other disciplinary action or dismissal should also act as a clear deterrent. It is essential that the prohibition of all corporal punishment and other cruel or degrading punishment, and the sanctions that may be imposed if it is inflicted, should be well disseminated to children and to all those working with or for children in all settings. Monitoring disciplinary systems and the treatment of children must be part of the sustained supervision of all institutions and placements which is required by the Convention. Children and their representatives in all such placements must have immediate and confidential access to child-sensitive advice, advocacy and complaints procedures and ultimately to the courts, with necessary legal and other assistance. In institutions, there should be a requirement to report and to review any violent incidents.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","2. Implementation of prohibition of corporal punishment and other cruel or degrading forms of punishment"]},{"id":"crc-c-gc-8-0044","docId":"crc-c-gc-8","idx":44,"n":44,"text":"44. Article 12 of the Convention underlines the importance of giving due consideration to children’s views on the development and implementation of educational and other measures to eradicate corporal punishment and other cruel or degrading forms of punishment.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-8-0045","docId":"crc-c-gc-8","idx":45,"n":45,"text":"45. Given the widespread traditional acceptance of corporal punishment, prohibition on its own will not achieve the necessary change in attitudes and practice. Comprehensive awarenessraising of children’s right to protection and of the laws that reflect this right is required. Under article 42 of the Convention, States undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"],"citedArticles":[{"treaty":"CRC","article":"42","source":"regex"}]},{"id":"crc-c-gc-8-0046","docId":"crc-c-gc-8","idx":46,"n":46,"text":"46. In addition, States must ensure that positive, non-violent relationships and education are consistently promoted to parents, carers, teachers and all others who work with children and families. The Committee emphasizes that the Convention requires the elimination not only of corporal punishment but of all other cruel or degrading punishment of children. It is not for the Convention to prescribe in detail how parents should relate to or guide their children. But the Convention does provide a framework of principles to guide relationships both within the family, and between teachers, carers and others and children. Children’s developmental needs must be respected. Children learn from what adults do, not only from what adults say. When the adults to whom a child most closely relates use violence and humiliation in their relationship with the child, they are demonstrating disrespect for human rights and teaching a potent and dangerous lesson that these are legitimate ways to seek to resolve conflict or change behaviour.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"]},{"id":"crc-c-gc-8-0047","docId":"crc-c-gc-8","idx":47,"n":47,"text":"47. The Convention asserts the status of the child as an individual person and holder of human rights. The child is not a possession of parents, nor of the State, nor simply an object of concern. In this spirit, article 5 requires parents (or, where applicable, members of the extended family or community) to provide the child with appropriate direction and guidance, in a manner consistent with his/her evolving capacities, in the exercise by the child of the rights recognized in the Convention. Article 18, which underlines the primary responsibility of parents, or legal guardians, for the upbringing and development of the child, states that “the best interests of the child will be their basic concern”. Under article 12, States are required to assure children the right to express their views freely “in all matters affecting the child”, with the views of the child being given due weight in accordance with age and maturity. This emphasizes the need for styles of parenting, caring and teaching that respect children’s participation rights. In its general comment No. 1 on “The aims of education”, the Committee has emphasized the importance of developing education that is “child-centred, child-friendly and empowering”.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"],"citedArticles":[{"treaty":"CRC","article":"5","source":"regex"},{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"crc-c-gc-8-0048","docId":"crc-c-gc-8","idx":48,"n":48,"text":"48. The Committee notes that there are now many examples of materials and programmes promoting positive, non-violent forms of parenting and education, addressed to parents, other carers and teachers and developed by Governments, United Nations agencies, NGOs and others. These can be appropriately adapted for use in different States and situations. The media can play a very valuable role in awareness-raising and public education. Challenging traditional dependence on corporal punishment and other cruel or degrading forms of discipline requires sustained action. The promotion of non-violent forms of parenting and education should be built into all the points of contact between the State and parents and children, in health, welfare and educational services, including early childhood institutions, day-care centres and schools. It should also be integrated into the initial and in-service training of teachers and all those working with children in care and justice systems.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"]},{"id":"crc-c-gc-8-0049","docId":"crc-c-gc-8","idx":49,"n":49,"text":"49. The Committee proposes that States may wish to seek technical assistance from, among others, UNICEF and UNESCO concerning awareness-raising, public education and training to promote non-violent approaches.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","3. Educational and other measures"]},{"id":"crc-c-gc-8-0050","docId":"crc-c-gc-8","idx":50,"n":50,"text":"50. The Committee, in its general comment No. 5 on “General measures of implementation for the Convention on the Rights of the Child (arts. 4, 42 and 44, para. 6) ”, emphasizes the need for systematic monitoring by States parties of the realization of children’s rights, through the development of appropriate indicators and the collection of sufficient and reliable data.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","4. Monitoring and evaluation"],"citedArticles":[{"treaty":"CRC","article":"4","source":"grammar"},{"treaty":"CRC","article":"42","source":"grammar"},{"treaty":"CRC","article":"44","paragraph":"6","source":"grammar"}]},{"id":"crc-c-gc-8-0051","docId":"crc-c-gc-8","idx":51,"n":51,"text":"51. Therefore States parties should monitor their progress towards eliminating corporal punishment and other cruel or degrading forms of punishment and thus realizing children’s right to protection. Research using interviews with children, their parents and other carers, in conditions of confidentiality and with appropriate ethical safeguards, is essential in order to accurately assess the prevalence of these forms of violence within the family and attitudes to them. The Committee encourages every State to carry out/commission such research, as far as possible with groups representative of the whole population, to provide baseline information and then at regular intervals to measure progress. The results of this research can also provide valuable guidance for the development of universal and targeted awareness-raising campaigns and training for professionals working with or for children.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","4. Monitoring and evaluation"]},{"id":"crc-c-gc-8-0052","docId":"crc-c-gc-8","idx":52,"n":52,"text":"52. The Committee also underlines in general comment No. 5 the importance of independent monitoring of implementation by, for example, parliamentary committees, NGOs, academic institutions, professional associations, youth groups and independent human rights institutions (see also the Committee’s general comment No. 2 on “The role of independent national human rights institutions in the protection and promotion of the rights of the child”). These could all play an important role in monitoring the realization of children’s right to protection from all corporal punishment and other cruel or degrading forms of punishment.","labels":["Adolescents"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"footnotes":[],"section":["V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE CORPORAL PUNISHMENT AND OTHER CRUEL OR DEGRADING FORMS OF PUNISHMENT","4. Monitoring and evaluation"]},{"id":"crc-c-gc-8-0053","docId":"crc-c-gc-8","idx":53,"n":53,"text":"53. The Committee expects States to include in their periodic reports under the Convention information on the measures taken to prohibit and prevent all corporal punishment and other cruel or degrading forms of punishment in the family and all other settings, including on related awareness-raising activities and promotion of positive, non-violent relationships and on the State’s evaluation of progress towards achieving full respect for children’s rights to protection from all forms of violence. The Committee also encourages United Nations agencies, national human rights institutions, NGOs and other competent bodies to provide it with relevant information on the legal status and prevalence of corporal punishment and progress towards its elimination.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2006,"section":["VI. REPORTING REQUIREMENTS UNDER THE CONVENTION"]},{"id":"crc-c-gc-9-corr-1-0001","docId":"crc-c-gc-9-corr-1","idx":1,"n":1,"text":"It is estimated that there are 500-650 million persons with disabilities in the world, approximately 10 % of the world population, 150 million of whom are children. More than 80 % live in developing countries with little or no access to services. The majority of children with disabilities in developing countries remain out of school and are completely illiterate. It is recognized that most of the causes of disabilities, such as war, illness and poverty, are preventable which also prevent and/or reduce the secondary impacts of disabilities, often caused by the lack of early/timely intervention. Therefore, more should be done to create the necessary political will and real commitment to investigate and put into practice the most effective actions to prevent disabilities with the participation of all levels of society.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0002","docId":"crc-c-gc-9-corr-1","idx":2,"n":2,"text":"The past few decades have witnessed positive focus on persons with disabilities in general and children in particular. The reason for this new focus is explained partly by the fact that the voice of persons with disabilities and of their advocates from national and international non governmental organizations (NGO) is being increasingly heard and partly by the growing attention paid to persons with disabilities within the framework of the human rights treaties and the United Nations human rights treaty bodies. These treaty bodies have considerable potential in advancing the rights of persons with disabilities but they have generally been underused. When adopted in November 1989 the Convention on the Rights of the Child (hereafter “the Convention”) was the first human rights treaty that contained a specific reference to disability (article 2 on non-discrimination) and a separate article 23 exclusively dedicated to the rights and needs of children with disabilities. Since the Convention has entered into force (2 September 1990), the Committee on the Rights of the Child (thereafter “the Committee”) has paid sustained and particular attention to disability-based discrimination while other human rights treaty bodies have paid attention to disability-based discrimination under “other status” in the context of articles on non-discrimination of their relevant Convention. In 1994 the Committee on Economic, Social and Cultural Rights issued its general comment No. 5 on persons with disabilities and stated in paragraph 15 that “The effects of disability-based discrimination have been particularly severe in the fields of education, employment, housing, transport, cultural life, and access to public places and services.” The Special Rapporteur on disability of the United Nations Commission for Social Development was first appointed in 1994 and mandated to monitor of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, adopted by the General Assembly at its forty-eighth session in 1993 (A/RES/48/96, Annex), and to advance the status of persons with disabilities throughout the world. On 6 October 1997 the Committee devoted its day of general discussion to children with disabilities and adopted a set of recommendations (CRC/C/69, paragraphs 310-339), in which it considered the possibility of drafting a general comment on children with disabilities. The Committee notes with appreciation the work of the Ad-Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, and that it adopted at its eighth session, held in New York on 25 August 2006, a draft convention on the rights of persons with disabilities to be submitted to the General Assembly at its sixty-first session (A/AC.265/2006/4, Annex II).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"article":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"regex_default_treaty=CRC; text says 'the Convention … contained a specific reference to disability (article 2 on non-discrimination)' — CRC article 2 is the non-discrimination article, and 'the Convention' is CRC in this CRC document."},{"article":"23","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text says 'a separate article 23 exclusively dedicated to the rights and needs of children with disabilities' — this is clearly CRC art. 23 (disability article)."}]},{"id":"crc-c-gc-9-corr-1-0003","docId":"crc-c-gc-9-corr-1","idx":3,"n":3,"text":"The Committee, in reviewing State party reports, has accumulated a wealth of information on the status of children with disabilities worldwide and found that in the overwhelming majority of countries some recommendations had to be made specifically to address the situation of children with disabilities. The problems identified and addressed have varied from exclusion from decision-making processes to severe discrimination and actual killing of children with disabilities. Poverty being both a cause and a consequence of disability, the Committee has repeatedly stressed that children with disabilities and their families have the right to an adequate standard of living, including adequate food, clothing and housing, and to the continuous improvement of their living conditions. The question of children with disabilities living in poverty should be addressed by allocating adequate budgetary resources as well as by ensuring that children with disabilities have access to social protection and poverty reduction programmes.","labels":["Children","Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0004","docId":"crc-c-gc-9-corr-1","idx":4,"n":4,"text":"The Committee has noted that no reservations or declarations have been entered specifically to article 23 of the Convention by any State party.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0005","docId":"crc-c-gc-9-corr-1","idx":5,"n":5,"text":"The Committee also notes that children with disabilities are still experiencing serious difficulties and facing barriers to the full enjoyment of the rights enshrined in the Convention. The Committee emphasizes that the barrier is not the disability itself but rather a combination of social, cultural, attitudinal and physical obstacles which children with disabilities encounter in their daily lives. The strategy for promoting their rights is therefore to take the necessary action to remove those barriers. Acknowledging the importance of articles 2 and 23 of the Convention, the Committee states from the outset that the implementation of the Convention with regards to children with disabilities should not be limited to these articles.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0006","docId":"crc-c-gc-9-corr-1","idx":6,"n":6,"text":"The present general comment is meant to provide guidance and assistance to States parties in their efforts to implement the rights of children with disabilities, in a comprehensive manner which covers all the provisions of the Convention. Thus, the Committee will first make some observations related directly to articles 2 and 23, then it will elaborate on the necessity of paying particular attention to and including explicitly children with disabilities within the framework of general measures for the implementation of the Convention. Those observations will be followed by comments on the meaning and the implementation of the various articles of the Convention (clustered in accordance with the Committee’s practice) for children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0007","docId":"crc-c-gc-9-corr-1","idx":7,"n":7,"text":"According to article 1, paragraph 2, of the draft convention on the rights of persons with disabilities, “Persons with disabilities include those who have long-term physical, mental, intellectual, or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.” (A/AC.265/2006/4, Annex II)","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRPD","article":"1","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0008","docId":"crc-c-gc-9-corr-1","idx":8,"n":8,"text":"Article 2 requires States parties to ensure that all children within their jurisdiction enjoy all the rights enshrined in the Convention without discrimination of any kind. This obligation requires States parties to take appropriate measures to prevent all forms of discrimination, including on the ground of disability. This explicit mention of disability as a prohibited ground for discrimination in article 2 is unique and can be explained by the fact that children with disabilities belong to one of the most vulnerable groups of children. In many cases forms of multiple discrimination based on a combination of factors, i.e. indigenous girls with disabilities, children with disabilities living in rural areas and so on increase the vulnerability of certain groups. It has been therefore felt necessary to mention disability explicitly in the non-discrimination article. Discrimination takes place – often de facto – in various aspects of the life and development of children with disabilities. As an example, social discrimination and stigmatization leads to their marginalization and exclusion, and may even threaten their survival and development if it goes as far as physical or mental violence against children with disabilities. Discrimination in service provision excludes them from education and denies them access to quality health and social services. The lack of appropriate education and vocational training discriminates against them by denying them job opportunities in the future. Social stigma, fears, overprotection, negative attitudes, misbeliefs and prevailing prejudices against children with disabilities remain strong in many communities and lead to the marginalization and alienation of children with disabilities. The Committee shall elaborate on these aspects in the paragraphs below.","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0009","docId":"crc-c-gc-9-corr-1","idx":9,"n":9,"text":"In general, States parties in their efforts to prevent and eliminate all forms of discrimination against children with disabilities should take the following measures: (a) Include explicitly disability as a forbidden ground for discrimination in constitutional provisions on non-discrimination and/or include specific prohibition of discrimination on the ground of disability in specific anti-discrimination laws or legal provisions. (b) Provide for effective remedies in case of violations of the rights of children with disabilities, and ensure that those remedies are easily accessible to children with disabilities and their parents and/or others caring for the child. (c) Conduct awareness-raising and educational campaigns targeting the public at large and specific groups of professionals with a view to preventing and eliminating de facto discrimination against children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0010","docId":"crc-c-gc-9-corr-1","idx":10,"n":10,"text":"Girls with disabilities are often even more vulnerable to discrimination due to gender discrimination. In this context, States parties are requested to pay particular attention to girls with disabilities by taking the necessary measures, and when needed extra measures, in order to ensure that they are well protected, have access to all services and are fully included in society.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0011","docId":"crc-c-gc-9-corr-1","idx":11,"n":11,"text":"Paragraph 1 of article 23 should be considered as the leading principle for the implementation of the Convention with respect to children with disabilities: the enjoyment of a full and decent life in conditions that ensure dignity, promote self reliance and facilitate active participation in the community. The measures taken by States parties regarding the realization of the rights of children with disabilities should be directed towards this goal. The core message of this paragraph is that children with disabilities should be included in the society. Measures taken for the implementation of the rights contained in the Convention regarding children with disabilities, for example in the areas of education and health, should explicitly aim at the maximum inclusion of those children in society.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0012","docId":"crc-c-gc-9-corr-1","idx":12,"n":12,"text":"According to paragraph 2 of article 23 States parties to the Convention recognize the right of the child with disability to special care and shall encourage and ensure the extension of assistance to the eligible child and those responsible for his or her care. The assistance has to be appropriate to the child’s condition and the circumstances of the parents or others caring for the child. Paragraph 3 of article 23 gives further rules regarding the costs of specific measures and precisions as to what the assistance should try to achieve.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0013","docId":"crc-c-gc-9-corr-1","idx":13,"n":13,"text":"In order to meet the requirements of article 23 it is necessary that States parties develop and effectively implement a comprehensive policy by means of a plan of action which not only aims at the full enjoyment of the rights enshrined in the Convention without discrimination but which also ensures that a child with disability and her or his parents and/or others caring for the child do receive the special care and assistance they are entitled to under the Convention.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0014","docId":"crc-c-gc-9-corr-1","idx":14,"n":14,"text":"Regarding the specifics of paragraphs 2 and 3 of article 23, the Committee makes the following observations: (a) The provision of special care and assistance is subject to available resources and free of charge whenever possible. The Committee urges States parties to make special care and assistance to children with disabilities a matter of high priority and to invest to the maximum extent of available resources in the elimination of discrimination against children with disabilities and towards their maximum inclusion in society. (b) Care and assistance shall be designed to ensure that children with disabilities have effective access to and benefit from education, training, health care services, recovery services, preparation for employment and recreation opportunities. The Committee when dealing with specific articles of the Convention will elaborate on the measures necessary to achieve this.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0015","docId":"crc-c-gc-9-corr-1","idx":15,"n":15,"text":"With reference to article 23, paragraph 4, the Committee notes that the international exchange of information between States parties in the areas of prevention and treatment is quite limited. The Committee recommends that States parties take effective, and where appropriate targeted, measures for an active promotion of information as envisaged by article 23, paragraph 4, in order to enable States parties to improve their capabilities and skills in the areas of prevention and treatment of disabilities of children.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"},{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0016","docId":"crc-c-gc-9-corr-1","idx":16,"n":16,"text":"It is often not clear how and to which degree the needs of developing countries are taken into account as required by article 23, paragraph 4. The Committee strongly recommends States parties to ensure that, within the framework of bilateral or multilateral development assistance, particular attention be paid to children with disabilities and their survival and development in accordance with the provisions of the Convention, for example, by developing and implementing special programmes aiming at their inclusion in society and allocating earmarked budgets to that effect. States parties are invited to provide information in their reports to the Committee on the activities and results of such international cooperation.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0017","docId":"crc-c-gc-9-corr-1","idx":17,"n":17,"text":"In addition to the legislative measures recommended with regard to non-discrimination (see paragraph 9 above), the Committee recommends that States parties undertake a comprehensive review of all domestic laws and related regulations in order to ensure that all provisions of the Convention are applicable to all children, including children with disabilities who should be mentioned explicitly, where appropriate. National laws and regulations should contain clear and explicit provisions for the protection and exercise of the specific rights of children with disabilities, in particular those enshrined in article 23 of the Convention.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0018","docId":"crc-c-gc-9-corr-1","idx":18,"n":18,"text":"The need for a national plan of action that integrates all the provisions of the Convention is a well-recognized fact and has often been a recommendation made by the Committee to States parties. Plans of action must be comprehensive, including plans and strategies for children with disabilities, and should have measurable outcomes. The draft convention on the rights of persons with disabilities, in its article 4, paragraph 1 c, emphasizes the importance of inclusion of this aspect stating that States parties undertake “to take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes” (A/AC.265/2006/4, annex II). It is also essential that all programmes be adequately supplied with financial and human resources and equipped with built-in monitoring mechanisms, for example, indicators allowing accurate outcome measurements. Another factor that should not be overlooked is the importance of including all children with disabilities in policies and programmes. Some States parties have initiated excellent programmes, but failed to include all children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0019","docId":"crc-c-gc-9-corr-1","idx":19,"n":19,"text":"In order to fulfil their obligations, it is necessary for States parties to set up and develop mechanisms for collecting data which are accurate, standardized and allow disaggregation, and which reflect the actual situation of children with disabilities. The importance of this issue is often overlooked and not viewed as a priority despite the fact that it has an impact not only on the measures that need to be taken in terms of prevention but also on the distribution of very valuable resources needed to fund programmes. One of the main challenges in obtaining accurate statistics is the lack of a widely accepted clear definition for disabilities. States parties are encouraged to establish an appropriate definition that guarantees the inclusion of all children with disabilities so that children with disabilities may benefit from the special protection and programmes developed for them. Extra efforts are often needed to collect data on children with disabilities because they are often hidden by their parents or others caring for the child.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0020","docId":"crc-c-gc-9-corr-1","idx":20,"n":20,"text":"Allocation of budget: in the light of article 4 “…States parties shall undertake such measures to the maximum extent of their available resources…”. Although the Convention does not make a specific recommendation regarding the most appropriate percentage of the State budget that should be dedicated to services and programmes for children, it does insist that children should be a priority. The implementation of this right has been a concern to the Committee since many States parties not only do not allocate sufficient resources but have also reduced the budget allocated to children over the years. This trend has many serious implications especially for children with disabilities who often rank quite low, or even not at all, on priority lists. For example, if a State party is failing to allocate sufficient funds to ensure compulsory and free quality education for all children, it will be unlikely to allocate funds to train teachers for children with disabilities or to provide for the necessary teaching aids and transportation for children with disabilities. Decentralization and privatization of services are now means of economic reform. However, it should not be forgotten that it is the State Party’s ultimate responsibility to oversee that adequate funds are allocated to children with disabilities along with strict guidelines for service delivery. Resources allocated to children with disabilities should be sufficient --and earmarked so that they are not used for other purposes-- to cover all their needs, including programmes established for training professionals working with children with disabilities such as teachers, physiotherapists and policymakers; education campaigns; financial support for families; income maintenance; social security; assistive devices; and related services. Furthermore, funding must also be ensured for other programmes aimed at including children with disabilities into mainstream education, inter alia by renovating schools to render them physically accessible to children with disabilities.","labels":["Children","Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"4","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0021","docId":"crc-c-gc-9-corr-1","idx":21,"n":21,"text":"Services for children with disabilities are often delivered by various governmental and non-governmental institutions, and more often than not, these services are fragmented and not coordinated which result in overlapping of functions and gaps in provisions. Therefore, the setting up of an appropriate coordinating mechanism becomes essential. This body should be multisectoral, including all organizations public or private. It must be empowered and supported from the highest possible levels of Government to allow it to function at its full potential. A coordination body for children with disabilities, as part of a broader coordination system for the rights of the child or a national coordination system for persons with disabilities, would have the advantage of working within an already established system, provided this system is functioning adequately and capable of devoting the adequate financial and human resources necessary. On the other hand, a separate coordination system may help to focus attention on children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0022","docId":"crc-c-gc-9-corr-1","idx":22,"n":22,"text":"In order to make information among States parties freely accessible and to cultivate an atmosphere of knowledge-sharing concerning, inter alia, the management and rehabilitation of children with disabilities, States parties should recognize the importance of international cooperation and technical assistance. Particular attention should be paid to developing countries that need assistance in setting up and/or funding programmes that protect and promote the rights of children with disabilities. These countries are experiencing increasing difficulties in mobilizing the adequate resources to meet the pressing needs of persons with disabilities and would urgently need assistance in the prevention of disability, the provision of services and rehabilitation, and in the equalization of opportunities. However, in order to respond to these growing needs, the international community should explore new ways and means of raising funds, including substantial increase of resources, and take the necessary follow-up measures for mobilizing resources. Therefore, voluntary contributions from Governments, increased regional and bilateral assistance as well as contributions from private sources should also be encouraged. UNICEF and the World Health Organization (WHO) have been instrumental in helping developing countries set up and implement specific programmes for children with disabilities. The process of knowledge exchange is also valuable in sharing updated medical knowledge and good practices, such as early identification and community-based approaches to early intervention and support to families, and addressing common challenges.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0023","docId":"crc-c-gc-9-corr-1","idx":23,"n":23,"text":"Countries that have endured, or continue to endure, internal or foreign conflict, during which land mines were laid, face a particular challenge. States parties are often not privy to plans of the sites where the land mines and unexploded ordnance were planted and the cost of mine clearance is very high. The Committee emphasizes the importance of international cooperation in accordance with the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, in order to prevent injuries and deaths caused by landmines and unexploded ordnance that remain in place. In this regard the Committee recommends that States parties closely cooperate with a view to completely removing all landmines and unexploded ordnance in areas of armed conflict and/or previous armed conflict.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0024","docId":"crc-c-gc-9-corr-1","idx":24,"n":24,"text":"Both the Convention and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities recognize the importance of the establishment of an appropriate monitoring system . The Committee has very often referred to “the Paris Principles” (A/RES/48/134) as the guidelines which national human rights institutions should follow (see the Committee’s general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child). National human rights institutions can take many shapes or forms such as an Ombudsman or a Commissioner and may be broad-based or specific. Whatever mechanism is chosen, it must be: (a) Independent and provided with adequate human and financial resources; (b) Well known to children with disabilities and their caregivers; (c) Accessible not only in the physical sense but also in a way that allows children with disabilities to send in their complaints or issues easily and confidentially; and (d) It must have the appropriate legal authority to receive, investigate and address the complaints of children with disabilities in a manner sensitive to both their childhood and to their disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0025","docId":"crc-c-gc-9-corr-1","idx":25,"n":25,"text":"Although caring for children with disabilities is an obligation of the State, NGOs often carry out these responsibilities without the appropriate support, funding or recognition from Governments. States parties are therefore encouraged to support and cooperate with NGOs enabling them to participate in the provision of services for children with disabilities and to ensure that they operate in full compliance with the provisions and principles of the Convention. In this regard the Committee draws the attention of States parties to the recommendations adopted on its day of general discussion on the private sector as a service provider, held on 20 September 2002 (CRC/C/121, paras. 630-653).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0026","docId":"crc-c-gc-9-corr-1","idx":26,"n":26,"text":"Knowledge of the Convention and its specific provisions devoted to children with disabilities is a necessary and powerful tool to ensure the realization of these rights. States parties are encouraged to disseminate knowledge by, inter alia, conducting systematic awareness-raising campaigns, producing appropriate material, such as a child friendly version of the Convention in print and Braille, and using the mass media to foster positive attitudes towards children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0027","docId":"crc-c-gc-9-corr-1","idx":27,"n":27,"text":"As for professionals working with and for children with disabilities, training programmes must include targeted and focused education on the rights of children with disabilities as a prerequisite for qualification. These professionals include but are not limited to policymakers, judges, lawyers, law enforcement officers, educators, health workers, social workers and media staff among others.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0028","docId":"crc-c-gc-9-corr-1","idx":28,"n":28,"text":"See paragraphs 8-10 above.","labels":[],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0029","docId":"crc-c-gc-9-corr-1","idx":29,"n":29,"text":"“In all actions concerning children…the best interests of the child shall be a primary consideration”. The broad nature of this article aims at covering all aspects of care and protection for children in all settings. It addresses legislators who are entrusted with setting the legal framework for protecting the rights of children with disabilities as well as the decisions-making processes concerning children with disabilities. Article 3 should be the basis on which programmes and policies are set and it should be duly taken into account in every service provided for children with disabilities and any other action affecting them.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0030","docId":"crc-c-gc-9-corr-1","idx":30,"n":30,"text":"The best interests of the child is of particular relevance in institutions and other facilities that provide services for children with disabilities as they are expected to conform to standards and regulations and should have the safety, protection and care of children as their primary consideration, and this consideration should outweigh any other and under all circumstances, for example, when allocating budgets.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0031","docId":"crc-c-gc-9-corr-1","idx":31,"n":31,"text":"The inherent right to life, survival and development is a right that warrants particular attention where children with disabilities are concerned. In many countries of the world children with disabilities are subject to a variety of practices that completely or partially compromise this right. In addition to being more vulnerable to infanticide, some cultures view a child with any form of disability as a bad omen that may “tarnish the family pedigree” and, accordingly, a certain designated individual from the community systematically kills children with disabilities. These crimes often go unpunished or perpetrators receive reduced sentences. States parties are urged to undertake all the necessary measures required to put an end to these practices, including raising public awareness, setting up appropriate legislation and enforcing laws that ensure appropriate punishment to all those who directly or indirectly violate the right to life, survival and development of children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0032","docId":"crc-c-gc-9-corr-1","idx":32,"n":32,"text":"More often than not, adults with and without disabilities make policies and decisions related to children with disabilities while the children themselves are left out of the process. It is essential that children with disabilities be heard in all procedures affecting them and that their views be respected in accordance with their evolving capacities. In order for this principle to be respected, children should be represented in various bodies such as parliament, committees and other forums where they may voice views and participate in the making of decisions that affect them as children in general and as children with disabilities specifically. Engaging children in such a process not only ensures that the policies are targeted to their needs and desires, but also functions as a valuable tool for inclusion since it ensures that the decision-making process is a participatory one. Children should be provided with whatever mode of communication they need to facilitate expressing their views. Furthermore, States parties should support the training for families and professionals on promoting and respecting the evolving capacities of children to take increasing responsibilities for decision-making in their own lives.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0033","docId":"crc-c-gc-9-corr-1","idx":33,"n":33,"text":"Children with disabilities often require special services in health and education to allow them to achieve their fullest potential and these are further discussed in the relevant paragraphs below. However it should be noted that spiritual, emotional and cultural development and well-being of children with disabilities are very often overlooked. Their participation in events and activities catering to these essential aspects of any child’s life is either totally lacking or minimal. Furthermore, when their participation is invited, it is often limited to activities specifically designed for and targeted at children with disabilities. This practice only leads to further marginalization of children with disabilities and increases their feelings of isolation. Programmes and activities designed for the child’s cultural development and spiritual well-being should involve and cater to both children with and without disabilities in an integrated and participatory fashion.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0034","docId":"crc-c-gc-9-corr-1","idx":34,"n":34,"text":"The right to name and nationality, preservation of identity, freedom of expression, freedom of thought, conscience and religion, freedom of association and peaceful assembly, the right to privacy and the right not to be subjected to torture or other cruel inhuman or degrading treatment or punishment and not to be unlawfully deprived of liberty are all universal civil rights and freedoms which must be respected, protected and promoted for all, including children with disabilities. Particular attention should be paid here on areas where the rights of children with disabilities are more likely to be violated or where special programmes are needed for their protection.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0035","docId":"crc-c-gc-9-corr-1","idx":35,"n":35,"text":"Children with disabilities are disproportionately vulnerable to non-registration at birth. Without birth registration they are not recognized by law and become invisible in government statistics. Non-registration has profound consequences for the enjoyment of their human rights, including the lack of citizenship and access to social and health services and to education. Children with disabilities who are not registered at birth are at greater risk of neglect, institutionalization, and even death.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0036","docId":"crc-c-gc-9-corr-1","idx":36,"n":36,"text":"In the light of article 7 of the Convention, the Committee recommends that States parties adopt all appropriate measures to ensure the registration of children with disabilities at birth. Such measures should include developing and implementing an effective system of birth registration, waiving registration fees, introducing mobile registration offices and, for children who are not yet registered, providing registration units in schools. In this context, States parties should ensure that the provisions of article 7 are fully enforced in conformity with the principles of non-discrimination (art. 2) and of the best interests of the child (art. 3).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"},{"treaty":"CRC","article":"7","source":"regex"},{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0037","docId":"crc-c-gc-9-corr-1","idx":37,"n":37,"text":"Access to information and means of communication, including information and communication technologies and systems, enables children with disabilities to live independently and participate fully in all aspects of life. Children with disabilities and their caregivers should have access to information concerning their disabilities so that they can be adequately educated on the disability, including its causes, management and prognosis. This knowledge is extremely valuable as it does not only enable them to adjust and live better with their disabilities, but also allows them to be more involved in and to make informed decisions about their own care. Children with disabilities should also be provided with the appropriate technology and other services and/or languages, e.g. Braille and sign language, which would enable them to have access to all forms of media, including television, radio and printed material as well as new information and communication technologies and systems, such as the Internet.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0038","docId":"crc-c-gc-9-corr-1","idx":38,"n":38,"text":"On the other hand, States parties are required to protect all children, including children with disabilities from harmful information, especially pornographic material and material that promotes xenophobia or any other form of discrimination and could potentially reinforce prejudices.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0039","docId":"crc-c-gc-9-corr-1","idx":39,"n":39,"text":"The physical inaccessibility of public transportation and other facilities, including governmental buildings, shopping areas, recreational facilities among others, is a major factor in the marginalization and exclusion of children with disabilities and markedly compromises their access to services, including health and education. Although this provision may be mostly realized in developed countries, it remains largely un-addressed in the developing world. All States parties are urged to set out appropriate policies and procedures to make public transportation safe, easily accessible to children with disabilities, and free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0040","docId":"crc-c-gc-9-corr-1","idx":40,"n":40,"text":"All new public buildings should comply with international specifications for access of persons with disabilities and existing public buildings, including schools, health facilities, governmental buildings, shopping areas, undergo necessary alterations that make them as accessible as possible.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0041","docId":"crc-c-gc-9-corr-1","idx":41,"n":41,"text":"Children with disabilities are best cared for and nurtured within their own family environment provided that the family is adequately provided for in all aspects. Such support to families includes education of parent/s and siblings, not only on the disability and its causes but also on each child’s unique physical and mental requirements; psychological support that is sensitive to the stress and difficulties imposed on families of children with disabilities; education on the family’s common language, for example sign language, so that parents and siblings can communicate with family members with disabilities; material support in the form of special allowances as well as consumable supplies and necessary equipment, such as special furniture and mobility devices that is deemed necessary for the child with a disability to live a dignified, self-reliant lifestyle, and be fully included in the family and community. In this context, support should also be extended to children who are affected by the disabilities of their caregivers. For example, a child living with a parent or other caregiver with disabilities should receive the support that would protect fully his or her rights and allow him or her to continue to live with this parent whenever it is in his or her best interests. Support services should also include different forms of respite care, such as care assistance in the home and day-care facilities directly accessible at community level. Such services enable parents to work, as well as relieve stress and maintain healthy family environments.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0042","docId":"crc-c-gc-9-corr-1","idx":42,"n":42,"text":"Children with disabilities are more vulnerable to all forms of abuse be it mental, physical or sexual in all settings, including the family, schools, private and public institutions, inter alia alternative care, work environment and community at large. It is often quoted that children with disabilities are five times more likely to be victims of abuse. In the home and in institutions, children with disabilities are often subjected to mental and physical violence and sexual abuse, and they are also particularly vulnerable to neglect and negligent treatment since they often present an extra physical and financial burden on the family. In addition, the lack of access to a functional complaint receiving and monitoring mechanism is conducive to systematic and continuing abuse. School bullying is a particular form of violence that children are exposed to and more often than not, this form of abuse targets children with disabilities. Their particular vulnerability may be explained inter alia by the following main reasons: (a) Their inability to hear, move, and dress, toilet, and bath independently increases their vulnerability to intrusive personal care or abuse; (b) Living in isolation from parents, siblings, extended family and friends increases the likelihood of abuse; (c) Should they have communication or intellectual impairments, they may be ignored, disbelieved or misunderstood should they complain about abuse; (d) Parents or others taking care of the child may be under considerable pressure or stress because of physical, financial and emotional issues in caring for their child. Studies indicate that those under stress may be more likely to commit abuse; (e) Children with disabilities are often wrongly perceived as being non-sexual and not having an understanding of their own bodies and, therefore, they can be targets of abusive people, particularly those who base abuse on sexuality.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0043","docId":"crc-c-gc-9-corr-1","idx":43,"n":43,"text":"In addressing the issue of violence and abuse, States parties are urged to take all necessary measures for the prevention of abuse of and violence against children with disabilities, such as: (a) Train and educate parents or others caring for the child to understand the risks and detect the signs of abuse of the child; (b) Ensure that parents are vigilant about choosing caregivers and facilities for their children and improve their ability to detect abuse; (c) Provide and encourage support groups for parents, siblings and others taking care of the child to assist them in caring for their children and coping with their disabilities; (d) Ensure that children and caregivers know that the child is entitled as a matter of right to be treated with dignity and respect and they have the right to complain to appropriate authorities if those rights are breached; (e) Ensure that schools take all measures to combat school bullying and pay particular attention to children with disabilities providing them with the necessary protection while maintaining their inclusion into the mainstream education system; (f) Ensure that institutions providing care for children with disabilities are staffed with specially trained personnel, subject to appropriate standards, regularly monitored and evaluated, and have accessible and sensitive complaint mechanisms; (g) Establish an accessible, child-sensitive complaint mechanism and a functioning monitoring system based on the Paris Principles (see paragraph 24 above); (h) Take all necessary legislative measures required to punish and remove perpetrators from the home ensuring that the child is not deprived of his or her family and continue to live in a safe and healthy environment; (i) Ensure the treatment and re-integration of victims of abuse and violence with a special focus on their overall recovery programmes.","labels":["Children","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0044","docId":"crc-c-gc-9-corr-1","idx":44,"n":44,"text":"In this context the Committee would also like to draw States parties’ attention to the report of the independent expert for the United Nations study on violence against children (A/61/299) which refers to children with disabilities as a group of children especially vulnerable to violence. The Committee encourages States parties to take all appropriate measures to implement the overarching recommendations and setting-specific recommendations contained in this report.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0045","docId":"crc-c-gc-9-corr-1","idx":45,"n":45,"text":"The role of the extended family, which is still a main pillar of childcare in many communities and is considered one of the best alternatives for childcare, should be strengthened and empowered to support the child and his or her parents or others taking care of the child.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0046","docId":"crc-c-gc-9-corr-1","idx":46,"n":46,"text":"Recognizing that the foster family is an accepted and practiced form of alternative care in many States parties, it is nevertheless a fact that many foster families are reluctant to take on the care of a child with disability as children with disabilities often pose a challenge in the extra care they may need and the special requirements in their physical, psychological and mental upbringing. Organizations that are responsible for foster placement of children must, therefore, conduct the necessary training and encouragement of suitable families and provide the support that will allow the foster family to appropriately take care of the child with disability.","labels":["Children","Persons with disabilities","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0047","docId":"crc-c-gc-9-corr-1","idx":47,"n":47,"text":"The Committee has often expressed its concern at the high number of children with disabilities placed in institutions and that institutionalization is the preferred placement option in many countries. The quality of care provided, whether educational, medical or rehabilitative, is often much inferior to the standards necessary for the care of children with disabilities either because of lack of identified standards or lack of implementation and monitoring of these standards. Institutions are also a particular setting where children with disabilities are more vulnerable to mental, physical, sexual and other forms of abuse as well as neglect and negligent treatment (see paragraphs 42-44 above). The Committee therefore urges States parties to use the placement in institution only as a measure of last resort, when it is absolutely necessary and in the best interests of the child. It recommends that the States parties prevent the use of placement in institution merely with the goal of limiting the child’s liberty or freedom of movement. In addition, attention should be paid to transforming existing institutions, with a focus on small residential care facilities organized around the rights and needs of the child, to developing national standards for care in institutions, and to establishing rigorous screening and monitoring procedures to ensure effective implementation of these standards.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0048","docId":"crc-c-gc-9-corr-1","idx":48,"n":48,"text":"The Committee is concerned at the fact that children with disabilities are not often heard in separation and placement processes. In general, decision-making processes do not attach enough weight to children as partners even though these decisions have a far-reaching impact on the child’s life and future. Therefore, the Committee recommends that States parties continue and strengthen their efforts to take into consideration the views of children with disabilities and facilitate their participation in all matters affecting them within the evaluation, separation and placement process in out-of-home care, and during the transition process. The Committee also emphasizes that children should be heard throughout the protection measure process, before making the decision as well as during and after its implementation. In this context, the Committee draws the attention of the States parties to the Committee’s recommendations adopted on its day of general discussion on children without parental care, held on 16 September 2005 (CRC/C/153, paragraphs 636-689).","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0049","docId":"crc-c-gc-9-corr-1","idx":49,"n":49,"text":"In addressing institutionalization, States parties are therefore urged to set up programmes for de-institutionalization of children with disabilities, re-placing them with their families, extended families or foster care system. Parents and other extended family members should be provided with the necessary and systematic support/training for including their child back into their home environment.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0050","docId":"crc-c-gc-9-corr-1","idx":50,"n":50,"text":"Whatever form of placement chosen for children with disabilities by the competent authorities, it is essential that a periodic review of the treatment provided to the child, and all other circumstances relevant to his or her placement, is carried out to monitor his or her well being.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0051","docId":"crc-c-gc-9-corr-1","idx":51,"n":51,"text":"Attainment of the highest possible standard of health as well as access and affordability of quality healthcare is an inherent right for all children. Children with disabilities are often left out because of several challenges, including discrimination, inaccessibility due to the lack of information and/or financial resources, transportation, geographic distribution and physical access to health care facilities. Another factor is the absence of targeted health care programmes that address the specific needs of children with disabilities. Health policies should be comprehensive and address early detection of disabilities, early intervention, including psychological and physical treatment, rehabilitation including physical aids, for example limb prosthesis, mobility devices, hearing aids and visual aids.","labels":["Children","Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0052","docId":"crc-c-gc-9-corr-1","idx":52,"n":52,"text":"It is important to emphasize that health services should be provided within the same public health system that provides for children with no disabilities, free of charge, whenever possible, and as updated and modernized as possible. The importance of community-based assistance and rehabilitation strategies should be emphasized when providing health services for children with disabilities. States parties must ensure that health professionals working with children with disabilities are trained to the highest possible standard and practice based on a child-centred approach. In this respect, many States parties would greatly benefit from international cooperation with international organizations as well as other States parties.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0053","docId":"crc-c-gc-9-corr-1","idx":53,"n":53,"text":"Causes of disabilities are multiple and, therefore, the quality and level of prevention vary. Inherited diseases that often cause disabilities can be prevented in some societies that practice consanguineous marriages and under such circumstances public awareness and appropriate pre-conception testing would be recommended. Communicable diseases are still the cause of many disabilities around the world and immunization programmes need to be stepped up aiming to achieve universal immunization against all preventable communicable diseases. Poor nutrition has a long-term impact upon children’s development and it can lead to disabilities, such as blindness caused by Vitamin A deficiency. The Committee recommends that States parties introduce and strengthen prenatal care for children and ensure adequate quality of the assistance given during the delivery. It also recommends that States parties provide adequate post-natal health-care services and develop campaigns to inform parents and others caring for the child about basic child healthcare and nutrition. In this regard, the Committee also recommends that the States parties continue to cooperate and seek technical assistance with, among others, WHO and UNICEF.","labels":["Children","Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0054","docId":"crc-c-gc-9-corr-1","idx":54,"n":54,"text":"Domestic and road traffic accidents are a major cause of disability in some countries and policies of prevention need to be established and implemented such as the laws on seat belts and traffic safety. Lifestyle issues, such as alcohol and drug abuse during pregnancy, are also preventable causes of disabilities and in some countries the fetal alcohol syndrome presents a major cause for concern. Public education, identification and support for pregnant mothers who may be abusing such substances are just some of the measures that may be taken to prevent such causes of disability among children. Hazardous environment toxins also contribute to the causes of many disabilities. Toxins, such as lead, mercury, asbestos, etc., are commonly found in most countries. Countries should establish and implement policies to prevent dumping of hazardous materials and other means of polluting the environment. Furthermore, strict guidelines and safeguards should also be established to prevent radiation accidents.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0055","docId":"crc-c-gc-9-corr-1","idx":55,"n":55,"text":"Armed conflicts and their aftermath, including availability and accessibility of small arms and light weapons, are also major causes of disabilities. States parties are obliged to take all necessary measures to protect children from the detrimental effects of war and armed violence and to ensure that children affected by armed conflict have access to adequate health and social services, including psychosocial recovery and social reintegration. In particular, the Committee stresses the importance of educating children, parents and the public at large about the dangers of landmines and unexploded ordnance in order to prevent injury and death. It is crucial that States parties continue to locate landmines and unexploded ordnance, take measures to keep children away from suspected areas, and strengthen their mine clearance activities and, when appropriate, seek the necessary technical and financial support within a framework of international cooperation, including from United Nations agencies. (See also paragraph 23 above on landmines and unexploded ordnance and paragraph 78 below on armed conflicts under special protection measures).","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0056","docId":"crc-c-gc-9-corr-1","idx":56,"n":56,"text":"Very often, disabilities are detected quite late in the child’s life, which deprives him or her of effective treatment and rehabilitation. Early identification requires high awareness among health professionals, parents, teachers as well as other professionals working with children. They should be able to identify the earliest signs of disability and make the appropriate referrals for diagnosis and management. Therefore, the Committee recommends that States parties establish systems of early identification and early intervention as part of their health services, together with birth registration and procedures for following the progress of children identified with disabilities at an early age. Services should be both community- and home-based, and easy to access. Furthermore, links should be established between early intervention services, pre-schools and schools to facilitate the smooth transition of the child.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0057","docId":"crc-c-gc-9-corr-1","idx":57,"n":57,"text":"Following identification, the systems in place must be capable of early intervention including treatment and rehabilitation providing all necessary devices that enable children with disabilities to achieve their full functional capacity in terms of mobility, hearing aids, visual aids, and prosthetics among others. It should also be emphasized that these provisions should be offered free of cost, whenever possible, and the process of acquiring such services should be efficient and simple avoiding long waits and bureaucracies.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0058","docId":"crc-c-gc-9-corr-1","idx":58,"n":58,"text":"Children with disabilities very often have multiple health issues that need to be addressed in a team approach. Very often, many professionals are involved in the care of the child, such as neurologists, psychologists, psychiatrists, orthopaedic surgeons and physiotherapists among others. Ideally these professionals should collectively identify a plan of management for the child with disability that would ensure the most efficient healthcare is provided.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0059","docId":"crc-c-gc-9-corr-1","idx":59,"n":59,"text":"The Committee notes that children with disabilities are, particularly during their adolescence, facing multiple challenges and risks in the area of establishing relationships with peers and reproductive health. Therefore, the Committee recommends that States parties provide adolescents with disabilities with adequate, and where appropriate, disability specific information, guidance and counselling and fully take into account the Committee’s general comments No. 3 (2003) on HIV/AIDS and the rights of the child and No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0060","docId":"crc-c-gc-9-corr-1","idx":60,"n":60,"text":"The Committee is deeply concerned about the prevailing practice of forced sterilisation of children with disabilities, particularly girls with disabilities. This practice, which still exists, seriously violates the right of the child to her or his physical integrity and results in adverse life-long physical and mental health effects. Therefore, the Committee urges States parties to prohibit by law the forced sterilisation of children on grounds of disability.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0061","docId":"crc-c-gc-9-corr-1","idx":61,"n":61,"text":"Causes, prevention and management of disabilities do not receive the much needed attention on national and international research agendas. States parties are encouraged to award this issue priority status ensuring funding and monitoring of disability focused research paying particular attention to ethical implications.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0062","docId":"crc-c-gc-9-corr-1","idx":62,"n":62,"text":"Children with disabilities have the same right to education as all other children and shall enjoy this right without any discrimination and on the basis of equal opportunity as stipulated in the Convention . For this purpose, effective access of children with disabilities to education has to be ensured to promote “the development of the child’s personality, talents and mental and physical abilities to their fullest potential (see articles 28 and 29 of the Convention and the Committee’s general comment No. 1 (2001) on the aims of education). The Convention recognizes the need for modification to school practices and for training of regular teachers to prepare them to teach children with diverse abilities and ensure that they achieve positive educational outcomes.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"28","source":"regex"},{"treaty":"CRC","article":"29","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0063","docId":"crc-c-gc-9-corr-1","idx":63,"n":63,"text":"As children with disabilities are very different from each other, parents, teachers and other specialized professionals have to help each individual child to develop his or her ways and skills of communication, language, interaction, orientation and problem-solving which best fit the potential of this child. Everybody, who furthers the child’s skills, abilities and self-development, has to precisely observe the child’s progress and carefully listen to the child’s verbal and emotional communication in order to support education and development in a well-targeted and most appropriate manner.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0064","docId":"crc-c-gc-9-corr-1","idx":64,"n":64,"text":"It is crucial that the education of a child with disability includes the strengthening of positive self-awareness, making sure that the child feels he or she is respected by others as a human being without any limitation of dignity. The child must be able to observe that others respect him or her and recognize his or her human rights and freedoms. Inclusion of the child with disability in the groups of children of the classroom can show the child that he or she has recognized identity and belongs to the community of learners, peers, and citizens. Peer support enhancing self-esteem of children with disabilities should be more widely recognized and promoted. Education also has to provide the child with empowering experience of control, achievement, and success to the maximum extent possible for the child.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0065","docId":"crc-c-gc-9-corr-1","idx":65,"n":65,"text":"Early childhood education is of particular relevance for children with disabilities as often their disabilities and special needs are first recognized in these institutions. Early intervention is of utmost importance to help children to develop their full potential. If a child is identified as having a disability or developmental delay at an early stage, the child has much better opportunities to benefit from early childhood education which should be designed to respond to her or his individual needs. Early childhood education provided by the State, the community or civil society institutions can provide important assistance to the well-being and development of all children with disabilities (see the Committee’s general comment No. 7 (2005) on implementing child rights in early childhood). Primary education, including primary school and, in many States parties, also secondary school, has to be provided for children with disabilities free of costs. All schools should be without communicational barriers as well as physical barriers impeding the access of children with reduced mobility. Also higher education, accessible on the basis of capacities, has to be accessible for qualified adolescents with disabilities. In order to fully exercise their right to education, many children need personal assistance, in particular, teachers trained in methodology and techniques, including appropriate languages, and other forms of communication, for teaching children with a diverse range of abilities capable of using child-centred and individualised teaching strategies, and appropriate and accessible teaching materials, equipment and assistive devices, which States parties should provide to the maximum extent of available resources.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0066","docId":"crc-c-gc-9-corr-1","idx":66,"n":66,"text":"Inclusive education should be the goal of educating children with disabilities. The manner and form of inclusion must be dictated by the individual educational needs of the child, since the education of some children with disabilities requires a kind of support which may not be readily available in the regular school system. The Committee notes the explicit commitment towards the goal of inclusive education contained in the draft convention on the rights of persons with disabilities and the obligation for States to ensure that persons including children with disabilities are not excluded from the general education system on the basis of disability and that they receive the support required, within the general education system, to facilitate their effective education. It encourages States parties which have not yet begun a programme towards inclusion to introduce the necessary measures to achieve this goal. However, the Committee underlines that the extent of inclusion within the general education system may vary. A continuum of services and programme options must be maintained in circumstances where fully inclusive education is not feasible to achieve in the immediate future.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0067","docId":"crc-c-gc-9-corr-1","idx":67,"n":67,"text":"The movement towards inclusive education has received much support in recent years. However, the term inclusive may have different meanings. At its core, inclusive education is a set of values, principles and practices that seeks meaningful, effective, and quality education for all students, that does justice to the diversity of learning conditions and requirements not only of children with disabilities, but for all students. This goal can be achieved by different organizational means which respect the diversity of children. Inclusion may range from full-time placement of all students with disabilities into one regular classroom or placement into the regular class room with varying degree of inclusion, including a certain portion of special education. It is important to understand that inclusion should not be understood nor practiced as simply integrating children with disabilities into the regular system regardless of their challenges and needs. Close cooperation among special educators and regular educators is essential. Schools’ curricula must be re-evaluated and developed to meet the needs of children with and without disabilities. Modification in training programmes for teachers and other personnel involved in the educational system must be achieved in order to fully implement the philosophy of inclusive education.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0068","docId":"crc-c-gc-9-corr-1","idx":68,"n":68,"text":"Education for career development and transition is for all persons with disabilities regardless of their age. It is imperative to begin preparation at an early age because career development is seen as a process that begins early and continues throughout life. Developing career awareness and vocational skills as early as possible, beginning in the elementary school, enables children to make better choices later in life in terms of employment. Career education in the elementary school does not mean using young children to perform labour that ultimately opens the door for economic exploitation. It begins with students choosing goals according to their evolving capacities in the early years. It should then be followed by a functional secondary school curriculum that offers adequate skills and access to work experience, under systematic coordination and monitoring between the school and the work place.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0069","docId":"crc-c-gc-9-corr-1","idx":69,"n":69,"text":"Career development and vocational skills should be included in the school curriculum. Career awareness and vocational skills should be incorporated into the years of compulsory education. In countries where compulsory education does not go beyond the elementary school years, vocational training beyond elementary school should be mandatory for children with disabilities. Governments must establish policies and allocate sufficient funds for vocational training.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0070","docId":"crc-c-gc-9-corr-1","idx":70,"n":70,"text":"The Convention stipulates in article 31 the right of the child to recreation and cultural activities appropriate to the age of the child. This article should be interpreted to include mental, psychological as well as the physical ages and capabilities of the child. Play has been recognized as the best source of learning various skills, including social skills. The attainment of full inclusion of children with disabilities in the society is realized when children are given the opportunity, places, and time to play with each other (children with disabilities and no disabilities). Training for recreation, leisure and play should be included for school-aged children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"31","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0071","docId":"crc-c-gc-9-corr-1","idx":71,"n":71,"text":"Children with disabilities should be provided with equal opportunities to participate in various cultural and arts activities as well as sports. These activities must be viewed as both medium of expression and medium of realizing self-satisfying, quality of life.","labels":["Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0072","docId":"crc-c-gc-9-corr-1","idx":72,"n":72,"text":"Competitive and non-competitive sports activities must be designed to include children with disabilities in an inclusive manner, whenever possible. That is to say, a child with a disability who is able to compete with children with no disability should be encouraged and supported to do so. But sports are an area where, because of the physical demands of the sport, children with disabilities will often need to have exclusive games and activities where they can compete fairly and safely. It must be emphasized though that when such exclusive events take place, the media must play its role responsibly by giving the same attention as it does to sports for children with no disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0073","docId":"crc-c-gc-9-corr-1","idx":73,"n":73,"text":"In the light of article 2 States parties have the obligation to ensure that children with disabilities who are in conflict with the law (as described in article 40, paragraph 1) will be protected not only by the provisions of the Convention which specifically relate to juvenile justice (arts. 40, 37 and 39) but by all other relevant provisions and guarantees contained in the Convention, for example in the area of health care and education. In addition, States parties should take where necessary specific measures to ensure that children with disabilities de facto are protected by and do benefit from the rights mentioned above.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"40","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0074","docId":"crc-c-gc-9-corr-1","idx":74,"n":74,"text":"With reference to the rights enshrined in article 23 and given the high level of vulnerability of children with disabilities, the Committee recommends – in addition to the general recommendation made in paragraph 73 above – that the following elements of the treatment of children with disabilities (allegedly) in conflict with the law be taken into account: (a) A child with disability who comes in conflict with the law should be interviewed using appropriate languages and otherwise dealt with by professionals such as police officers, attorneys/advocates/social workers, prosecutors and/or judges, who have received proper training in this regard; (b) Governments should develop and implement alternative measures with a variety and a flexibility that allow for an adjustment of the measure to the individual capacities and abilities of the child in order to avoid the use of judicial proceedings. Children with disabilities in conflict with the law should be dealt with as much as possible without resorting to formal/legal procedures. Such procedures should only be considered when necessary in the interest of public order. In those cases special efforts have to be made to inform the child about the juvenile justice procedure and his or her rights therein; (c) Children with disabilities in conflict with the law should not be placed in a regular juvenile detention centre by way of pre-trial detention nor by way of a punishment. Deprivation of liberty should only be applied if necessary with a view to providing the child with adequate treatment for addressing his or her problems which have resulted in the commission of a crime and the child should be placed in an institution that has the specially trained staff and other facilities to provide this specific treatment. In making such decisions the competent authority should make sure that the human rights and legal safeguards are fully respected.","labels":["Children","Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007,"citedArticles":[{"treaty":"CRC","article":"23","source":"regex"}]},{"id":"crc-c-gc-9-corr-1-0075","docId":"crc-c-gc-9-corr-1","idx":75,"n":75,"text":"Children with disabilities are particularly vulnerable to different forms of economic exploitation, including the worst forms of child labour as well as drug trafficking and begging. In this context, the Committee recommends that States parties which have not yet done so ratify the Convention No. 138 of the International Labour Organization (ILO) concerning the minimum age for admission to employment and ILO Convention No. 182 concerning the prohibition of and immediate action for the elimination of the worst forms of child labour. In the implementation of these conventions States parties should pay special attention to the vulnerability and needs of children with disabilities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0076","docId":"crc-c-gc-9-corr-1","idx":76,"n":76,"text":"Children with disabilities, specifically physical disabilities, often end up on the streets for a variety of reasons, including economic and social factors. Children with disabilities living and/or working on the streets need to be provided with adequate care, including nutrition, clothing, housing, educational opportunities, life-skills training as well as protection from the different dangers including economic and sexual exploitation. In this regard an individualized approach is necessary which takes full account of the special needs and the capacities of the child. The Committee is particularly concerned that children with disabilities are sometimes exploited for the purpose of begging in the streets or elsewhere; sometimes disabilities are inflicted on children for the purpose of begging. States parties are required to take all necessary actions to prevent this form of exploitation and to explicitly criminalize exploitation in such manner and take effective measures to bring the perpetrators to justice.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0077","docId":"crc-c-gc-9-corr-1","idx":77,"n":77,"text":"The Committee has often expressed grave concern at the growing number of child victims of child prostitution and child pornography. Children with disabilities are more likely than others to become victims of these serious crimes. Governments are urged to ratify and implement the Optional Protocol on the sale of children, child prostitution and child pornography (OPSC) and, in fulfilling their obligations to the Optional Protocol, States parties should pay particular attention to the protection of children with disabilities recognizing their particular vulnerability.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0078","docId":"crc-c-gc-9-corr-1","idx":78,"n":78,"text":"As previously noted above, armed conflicts are a major cause of disabilities whether children are actually involved in the conflict or are victims of combat. In this context, Governments are urged to ratify and implement the Optional Protocol on the involvement of children in armed conflict (OPAC). Special attention should be paid to the recovery and social re-integration of children who suffer disabilities as a result of armed conflicts. Furthermore, the Committee recommends that States parties explicitly exclude children with disabilities from recruitment in armed forces and take the necessary legislative and other measures to fully implement that prohibition.","labels":["Children","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0079","docId":"crc-c-gc-9-corr-1","idx":79,"n":79,"text":"Certain disabilities result directly from the conditions that have led some individuals to become refugees or internally displaced persons, such as human-caused or natural disasters. For example, landmines and unexploded ordnance kill and injure refugee, internally displaced and resident children long after armed conflicts have ceased. Refugee and internally displaced children with disabilities are vulnerable to multiple forms of discrimination, particularly refugee and internally displaced girls with disabilities, who are more often than boys subject to abuse, including sexual abuse, neglect and exploitation. The Committee strongly emphasizes that refugee and internally displaced children with disabilities should be given high priority for special assistance, including preventative assistance, access to adequate health and social services, including psychosocial recovery and social reintegration. The Office of the United Nations High Commissioner for Refugees (UNHCR) has made children a policy priority and adopted several documents to guide its work in that area, including the Guidelines on Refugee Children in 1988, which are incorporated into UNHCR Policy on Refugee Children. The Committee also recommends that States parties take into account the Committee’s general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside of their country of origin.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons with disabilities","Internally displaced persons"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"crc-c-gc-9-corr-1-0080","docId":"crc-c-gc-9-corr-1","idx":80,"n":80,"text":"All appropriate and necessary measures undertaken to protect and promote the rights of children with disabilities must include and pay special attention to the particular vulnerability and needs of children belonging to minorities and indigenous children who are more likely to be already marginalized within their communities. Programmes and policies must always be culturally and ethnically sensitive.","labels":["Indigenous peoples","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC"],"year":2007},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0001","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":1,"n":1,"text":"The Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child contain legally binding obligations that relate both in general and specifically to the elimination of harmful practices. The Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child have consistently drawn attention to those practices affecting women and children, primarily girls, in the execution of their monitoring mandates. It is by virtue of that overlapping mandate and the shared commitment to prevent, respond to and eliminate harmful practices, wherever and in whichever form they occur, that the Committees decided to develop the present joint general recommendation/general comment.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["I. Introduction"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0002","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":2,"n":2,"text":"The objective of the present joint general recommendation/general comment is to clarify the obligations of States parties to the Conventions by providing authoritative guidance on legislative, policy and other appropriate measures that must be taken to ensure full compliance with their obligations under the Conventions to eliminate harmful practices.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["II. Objective and scope of the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0003","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":3,"n":3,"text":"The Committees acknowledge that harmful practices affect adult women, both directly and/or owing to the long-term impact of practices to which they were subjected as girls. The present joint general recommendation/general comment therefore further elaborates on the obligations of States parties to the Convention on the Elimination of All Forms of Discrimination against Women with regard to the relevant provisions for the elimination of harmful practices that affect the rights of women.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["II. Objective and scope of the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0004","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":4,"n":4,"text":"Moreover, the Committees recognize that boys are also the victims of violence, harmful practices and bias and that their rights must be addressed for their protection and to prevent gender-based violence and the perpetuation of bias and gender inequality later in their lives. Accordingly, reference is made herein to the obligations of States parties to the Convention on the Rights of the Child regarding harmful practices stemming from discrimination that affect boys’ enjoyment of their rights.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["II. Objective and scope of the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0005","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":5,"n":5,"text":"5. The present joint general recommendation/general comment should be read in conjunction with the relevant general recommendations and general comments issued by the Committees, in particular general recommendation No. 19 (1992) on violence against women, of the Committee on the Elimination of Discrimination against Women, and general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, of the Committee on the Rights of the Child. The content of general recommendation No. 14 (1990) on female circumcision, of the Committee on the Elimination of Discrimination against Women, is updated by the present joint general recommendation/general comment.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["II. Objective and scope of the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0006","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":6,"n":6,"text":"6. The Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child consistently note that harmful practices are deeply rooted in social attitudes according to which women and girls are regarded as inferior to men and boys based on stereotyped roles. They also highlight the gender dimension of violence and indicate that sex- and gender-based attitudes and stereotypes, power imbalances, inequalities and discrimination perpetuate the widespread existence of practices that often involve violence or coercion. It is also important to recall that the Committees are concerned that the practices are also used to justify gender-based violence as a form of “protection” or control of women[[fn:1]] and children in the home or community, at school or in other educational settings and institutions and in wider society. Moreover, the Committees draw States parties’ attention to the fact that sex- and gender-based discrimination intersects with other factors that affect women[[fn:2]] and girls, in particular those who belong to, or are perceived as belonging to, disadvantaged groups, and who are therefore at a higher risk of becoming victims of harmful practices.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":1,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 19 (1992), para. 11; Committee on the Rights of the Child, general comment No. 9 (2006) on the rights of children with disabilities, paras. 8, 10 and 79; and Committee on the Rights of the Child, general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, paras. 8 and 9."},{"n":2,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, para. 18."}],"section":["III. Rationale for the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0007","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":7,"n":7,"text":"7. Harmful practices are therefore grounded in discrimination based on sex, gender and age, among other things, and have often been justified by invoking sociocultural and religious customs and values, in addition to misconceptions relating to some disadvantaged groups of women and children. Overall, harmful practices are often associated with serious forms of violence or are themselves a form of violence against women and children. While the nature and prevalence of the practices vary by region and culture, the most prevalent and well documented are female genital mutilation, child and/or forced marriage, polygamy, crimes committed in the name of so-called honour and dowry-related violence. Given that those practices are frequently raised before both Committees, and in some cases have been demonstrably reduced through legislative and programmatic approaches, they are used herein as key illustrative examples.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["III. Rationale for the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0008","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":8,"n":8,"text":"8. Harmful practices are endemic in a wide variety of communities in most countries. Some are also found in regions or countries in which they had not been previously documented, primarily owing to migration, whereas in other countries where such practices had disappeared they are now re-emerging as a result of such factors as conflict situations.","labels":["Migrants"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["III. Rationale for the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0009","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":9,"n":9,"text":"9. Many other practices having been identified as harmful practices are all strongly connected to and reinforce socially constructed gender roles and systems of patriarchal power relations and sometimes reflect negative perceptions of or discriminatory beliefs regarding certain disadvantaged groups of women and children, including individuals with disabilities or albinism. The practices include, but are not limited to, neglect of girls (linked to the preferential care and treatment of boys), extreme dietary restrictions, including during pregnancy (force-feeding, food taboos), virginity testing and related practices, binding, scarring, branding/infliction of tribal marks, corporal punishment, stoning, violent initiation rites, widowhood practices, accusations of witchcraft, infanticide and incest.[[fn:3]] They also include body modifications that are performed for the purpose of beauty or marriageability of girls and women (such as fattening, isolation, the use of lip discs and neck elongation with neck rings)[[fn:4]] or in an attempt to protect girls from early pregnancy or from being subjected to sexual harassment and violence (such as breast ironing). In addition, many women and children increasingly undergo medical treatment and/or plastic surgery to comply with social norms of the body, rather than for medical or health reasons, and many are also pressured to be fashionably thin, which has resulted in an epidemic of eating and health disorders.","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":3,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation No. 19 (1992), para. 11, and Committee on the Rights of the Child, general comment No. 13 (2011), para. 29."},{"n":4,"text":"See A/61/299, para. 46."}],"section":["III. Rationale for the joint general recommendation/ general comment"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0010","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":10,"n":10,"text":"10. Although the issue of harmful practices was less known at the time of drafting of the Conventions, both include provisions that cover harmful practices as human rights violations and oblige States parties to take steps to ensure that they are prevented and eliminated. In addition, the Committees have increasingly tackled the issue when examining States parties’ reports, in the ensuing dialogue with States parties and in their concluding observations. The issue has been further developed by the Committees in their general recommendations and general comments.[[fn:5]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":5,"text":"To date, the Committee on the Elimination of Discrimination against Women has referred to harmful practices in nine of its general recommendations: No. 3 (1987) on education and public information campaigns, No. 14 (1990), No. 19 (1992), No. 21 (1994) on equality in marriage and family relations, No. 24 (1999) on women and health, No. 25 (2004) on temporary special measures, No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, and No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations. The Committee on the Rights of the Child provides a non-exhaustive list of harmful practices in its general comments Nos. 8 (2006) and 13 (2011)."}],"section":["IV. Normative content of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0011","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":11,"n":11,"text":"11. States parties to the Conventions have a duty to comply with their obligations to respect, protect and fulfil the rights of women and children. They also have a due-diligence obligation[[fn:6]] to prevent acts that impair the recognition, enjoyment or exercise of rights by women and children and ensure that private actors do not engage in discrimination against women and girls, including gender-based violence, in relation to the Convention on the Elimination of All Forms of Discrimination against Women, or any form of violence against children, in relation to the Convention on the Rights of the Child.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":6,"text":"Due diligence should be understood as an obligation of States parties to the Conventions to prevent violence or violations of human rights, protect victims and witnesses from violations, investigate and punish those responsible, including private actors, and provide access to redress for human rights violations. See Committee on the Elimination of Discrimination against Women, general recommendations Nos. 19 (1992), para. 9; 28 (2010), para. 13; 30 (2013), para. 15; the views and decisions of the Committee on individual communications and inquiries; and Committee on the Rights of the Child, general comment No. 13 (2011), para. 5."}],"section":["IV. Normative content of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0012","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":12,"n":12,"text":"12. The Conventions outline the obligations of States parties to establish a well-defined legal framework in order to ensure the protection and promotion of human rights. An important first step in doing so is through the incorporation of the instruments into national legal frameworks. Both Committees stress that legislation aimed at eliminating harmful practices must include appropriate budgeting, implementing, monitoring and effective enforcement measures.[[fn:7]]","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":7,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 38 (a), its concluding observations and Committee on the Rights of the Child, general comment No. 13 (2011), para. 40."}],"section":["IV. Normative content of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0013","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":13,"n":13,"text":"13. Furthermore, the obligation to protect requires States parties to establish legal structures to ensure that harmful practices are promptly, impartially and independently investigated, that there is effective law enforcement and that effective remedies are provided to those who have been harmed by such practices. The Committees call upon States parties to explicitly prohibit by law and adequately sanction or criminalize harmful practices, in accordance with the gravity of the offence and harm caused, provide for means of prevention, protection, recovery, reintegration and redress for victims and combat impunity for harmful practices.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[],"section":["IV. Normative content of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0014","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":14,"n":14,"text":"14. Given that the requirement to effectively address harmful practices is among the core obligations of States parties under the two Conventions, reservations to the relevant articles,[[fn:8]] which have the effect of broadly limiting or qualifying the obligations of States parties to respect, protect and fulfil the rights of women and children to live free from harmful practices, are incompatible with the object and purpose of the two Conventions and impermissible pursuant to article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women and article 51 (2) of the Convention on the Rights of the Child.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["IV. Normative content of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child"],"footnotes":[{"n":8,"text":"Convention on the Elimination of All Forms of Discrimination against Women, arts. 2, 5 and 16, and Convention on the Rights of the Child, arts. 19 and 24 (3)."}],"citedArticles":[{"article":"28","paragraph":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"51","paragraph":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 51 (2) of the Convention on the Rights of the Child'."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0015","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":15,"n":15,"text":"15. Harmful practices are persistent practices and forms of behaviour that are grounded in discrimination on the basis of, among other things, sex, gender and age, in addition to multiple and/or intersecting forms of discrimination that often involve violence and cause physical and/or psychological harm or suffering. The harm that such practices cause to the victims surpasses the immediate physical and mental consequences and often has the purpose or effect of impairing the recognition, enjoyment and exercise of the human rights and fundamental freedoms of women and children. There is also a negative impact on their dignity, physical, psychosocial and moral integrity and development, participation, health, education and economic and social status. The practices are therefore reflected in the work of both Committees.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["V. Criteria for determining harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0016","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":16,"n":16,"text":"For the purposes of the present joint general recommendation/general comment, practices should meet the following criteria to be regarded as harmful: (a) They constitute a denial of the dignity and/or integrity of the individual and a violation of the human rights and fundamental freedoms enshrined in the two Conventions; (b) They constitute discrimination against women or children and are harmful insofar as they result in negative consequences for them as individuals or groups, including physical, psychological, economic and social harm and/or violence and limitations on their capacity to participate fully in society or develop and reach their full potential; (c) They are traditional, re-emerging or emerging practices that are prescribed and/or kept in place by social norms that perpetuate male dominance and inequality of women and children, on the basis of sex, gender, age and other intersecting factors; (d) They are imposed on women and children by family members, community members or society at large, regardless of whether the victim provides, or is able to provide, full, free and informed consent.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["V. Criteria for determining harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0017","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":17,"n":17,"text":"17. The causes of harmful practices are multidimensional and include stereotyped sex- and gender-based roles, the presumed superiority or inferiority of either of the sexes, attempts to exert control over the bodies and sexuality of women and girls, social inequalities and the prevalence of male-dominated power structures. Efforts to change the practices must address those underlying systemic and structural causes of traditional, re-emerging and emerging harmful practices, empower girls and women and boys and men to contribute to the transformation of traditional cultural attitudes that condone harmful practices, act as agents of such change and strengthen the capacity of communities to support such processes.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0018","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":18,"n":18,"text":"18. The efforts to combat harmful practices notwithstanding, the overall number of women and girls affected remains extremely high and may be increasing, including, for example, in conflict situations and as a result of technological developments such as the widespread use of social media. Through the examination of State parties’ reports, the Committees have noted that there is often continued adherence to harmful practices by members of practising communities who have moved to destination countries through migration or to seek asylum. Social norms and cultural beliefs supporting such harmful practices persist and are at times emphasized by a community in an attempt to preserve its cultural identity in a new environment, in particular in destination countries where gender roles provide women and girls with greater personal freedom.","labels":["Migrants","Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0019","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":19,"n":19,"text":"19. Female genital mutilation, female circumcision or female genital cutting is the practice of partially or wholly removing the external female genitalia or otherwise injuring the female genital organs for non-medical or non-health reasons. In the context of the present joint general recommendation/general comment, it is referred to as female genital mutilation. Female genital mutilation is performed in every region and, within some cultures, is a requirement for marriage and believed to be an effective method of controlling the sexuality of women and girls. It may have various immediate and/or long-term health consequences, including severe pain, shock, infections and complications during childbirth (affecting both the mother and the child), long-term gynaecological problems such as fistula, psychological effects and death. The World Health Organization and the United Nations Children’s Fund estimate that between 100 million and 140 million girls and women worldwide have been subjected to a type of female genital mutilation.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","A. Female genital mutilation"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0020","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":20,"n":20,"text":"20. Child marriage, also referred to as early marriage, is any marriage where at least one of the parties is under 18 years of age. The overwhelming majority of child marriages, both formal and informal, involve girls, although at times their spouses are also under 18 years of age. A child marriage is considered to be a form of forced marriage, given that one or both parties have not expressed full, free and informed consent.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","B. Child and/or forced marriage"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0021","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":21,"n":21,"text":"21. In some contexts, children are betrothed or married very young and, in many cases, young girls are forced to marry men who may be decades older. In 2012, the United Nations Children’s Fund reported that almost 400 million women between 20 and 49 years of age around the world had been married or had entered into a union before reaching 18 years of age.[[fn:9]] The Committees have therefore been paying particular attention to cases in which girls have been married against their full, free and informed consent, such as when they have been married too young to be physically and psychologically ready for adult life or to make conscious and informed decisions and thus not ready to consent to marriage. Other examples include cases in which guardians have the legal authority to consent to marriage of girls in accordance with customary or statutory law and in which girls are thus married contrary to the right to freely enter into marriage.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":9,"text":"See www.apromiserenewed.org."}],"section":["VI. Causes, forms and manifestations of harmful practices","B. Child and/or forced marriage"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0022","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":22,"n":22,"text":"22. Child marriage is often accompanied by early and frequent pregnancy and childbirth, resulting in higher than average maternal morbidity and mortality rates. Pregnancy-related deaths are the leading cause of mortality for girls between 15 and 19 years of age, whether married or unmarried, around the world. Infant mortality among the children of very young mothers is higher (sometimes as much as two times higher) than among those of older mothers. In cases of child and/or forced marriage, in particular where the husband is significantly older than the wife, and where girls have limited education, the girls generally have limited decision-making power in relation to their own lives. Child marriage also contributes to higher rates of school dropout, especially among girls, forced exclusion from school and an increased risk of domestic violence, in addition to limiting the enjoyment of the right to freedom of movement.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","B. Child and/or forced marriage"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0023","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":23,"n":23,"text":"23. Forced marriages are marriages in which one or both parties have not personally expressed their full and free consent to the union. They may be manifested in various forms, including child marriage, as indicated above, exchange or trade-off marriages (e.g. baad and baadal), servile marriages and levirate marriages (coercing a widow to marry a relative of her deceased husband). In some contexts, a forced marriage may occur when a rapist is permitted to escape criminal sanctions by marrying the victim, usually with the consent of her family. Forced marriages may occur in the context of migration in order to ensure that a girl marries within the family’s community of origin or to provide extended family members or others with documents to migrate to and/or live in a particular destination country. Forced marriages are also increasingly being used by armed groups during conflict or may be a means for a girl to escape post-conflict poverty.[[fn:10]] Forced marriage may also be defined as a marriage in which one of the parties is not permitted to end or leave it. Forced marriages often result in girls lacking personal and economic autonomy and attempting to flee or commit self-immolation or suicide to avoid or escape the marriage.","labels":["Migrants","Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":10,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 30 (2013), para. 62."}],"section":["VI. Causes, forms and manifestations of harmful practices","B. Child and/or forced marriage"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0024","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":24,"n":24,"text":"24. The payment of dowries and bride prices, which varies among practising communities, may increase the vulnerability of women and girls to violence and to other harmful practices. The husband or his family members may engage in acts of physical or psychological violence, including murder, burning and acid attacks, for failure to fulfil expectations regarding the payment of a dowry or its size. In some cases, families will agree to the temporary “marriage” of their daughter in exchange for financial gains, also referred to as a contractual marriage, which is a form of trafficking in human beings. States parties to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography have explicit obligations with regard to child and/or forced marriages that include dowry payments or bride prices because they could constitute a sale of children as defined in article 2 (a) of the Protocol.[[fn:11]] The Committee on the Elimination of Discrimination against Women has repeatedly stressed that allowing marriage to be arranged by such payment or preferment violates the right to freely choose a spouse and has in its general recommendation No. 29 (2013) outlined that such practice should not be required for a marriage to be valid and that such agreements should not be recognized by a State party as enforceable.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":11,"text":"See also art. 3 (1) (a) (i)."}],"section":["VI. Causes, forms and manifestations of harmful practices","B. Child and/or forced marriage"],"citedArticles":[{"article":"2","treaty":"CRC-OPSC","confidence":"high","source":"sonnet","rationale":"Text refers to 'article 2 (a) of the Protocol' immediately after naming 'the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography'."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0025","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":25,"n":25,"text":"25. Polygamy is contrary to the dignity of women and girls and infringes on their human rights and freedoms, including equality and protection within the family. Polygamy varies across, and within, legal and social contexts and its impact includes harm to the health of wives, understood as physical, mental and social well-being, the material harm and deprivation that wives are liable to suffer and emotional and material harm to children, often with serious consequences for their welfare.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","C. Polygamy"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0026","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":26,"n":26,"text":"26. While many States parties have chosen to ban polygamy, it continues to be practised in some countries, whether legally or illegally. Although throughout history polygamous family systems have been functional in some agricultural societies as a way of ensuring larger labour forces for individual families, studies have shown that polygamy actually often results in increased poverty in the family, especially in rural areas.","labels":["Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","C. Polygamy"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0027","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":27,"n":27,"text":"27. Both women and girls find themselves in polygamous unions, with evidence showing that girls are much more likely to be married or betrothed to much older men, increasing the risk of violence and violations of their rights. The coexistence of statutory laws with religious, personal status and traditional customary laws and practices often contributes to the persistence of the practice. In some States parties, however, polygamy is authorized by civil law. Constitutional and other provisions that protect the right to culture and religion have also at times been used to justify laws and practices that allow for polygamous unions.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","C. Polygamy"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0028","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":28,"n":28,"text":"28. States parties to the Convention on the Elimination of All Forms of Discrimination against Women have explicit obligations to discourage and prohibit polygamy because it is contrary to the Convention.[[fn:12]] The Committee on the Elimination of Discrimination against Women also contends that polygamy has significant ramifications for the economic well-being of women and their children.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":12,"text":"Committee on the Elimination of Discrimination against Women, general recommendations Nos. 21 (1994), 28 (2010) and 29 (2013)."},{"n":13,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 29 (2013), para. 27."}],"section":["VI. Causes, forms and manifestations of harmful practices","C. Polygamy"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0029","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":29,"n":29,"text":"29. Crimes committed in the name of so-called honour are acts of violence that are disproportionately, although not exclusively, committed against girls and women because family members consider that some suspected, perceived or actual behaviour will bring dishonour to the family or community. Such forms of behaviour include entering into sexual relations before marriage, refusing to agree to an arranged marriage, entering into a marriage without parental consent, committing adultery, seeking divorce, dressing in a way that is viewed as unacceptable to the community, working outside the home or generally failing to conform to stereotyped gender roles. Crimes in the name of so-called honour may also be committed against girls and women because they have been victims of sexual violence.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","D. Crimes committed in the name of so-called honour"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0030","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":30,"n":30,"text":"30. Such crimes include murder and are frequently committed by a spouse, female or male relative or a member of the victim’s community. Rather than being viewed as criminal acts against women, crimes committed in the name of so-called honour are often sanctioned by the community as a means of preserving and/or restoring the integrity of its cultural, traditional, customary or religious norms following alleged transgressions. In some contexts, national legislation or its practical application, or the absence thereof, allows for the defence of honour to be presented as an exculpatory or a mitigating circumstance for perpetrators of such crimes, resulting in reduced sanctions or impunity. In addition, prosecution of cases may be impeded by unwillingness on the part of individuals with knowledge of the case to provide corroborating evidence.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VI. Causes, forms and manifestations of harmful practices","D. Crimes committed in the name of so-called honour"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0031","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":31,"n":31,"text":"31. Both Conventions contain specific references to the elimination of harmful practices. States parties to the Convention on the Elimination of All Forms of Discrimination against Women are obliged to plan and adopt appropriate legislation, policies and measures and ensure that their implementation responds effectively to specific obstacles, barriers and resistance to the elimination of discrimination that give rise to harmful practices and violence against women (arts. 2 and 3). States parties must, however, be able to demonstrate the direct relevance and appropriateness of the measures that have been taken, ensuring first and foremost that the human rights of women are not violated, and demonstrate whether such measures will achieve the desired effect and result. Furthermore, the obligation of States parties to pursue such targeted policies is of an immediate nature and States parties cannot justify any delay on any grounds, including cultural and religious grounds. States parties are also obliged to take all appropriate measures, including temporary special measures (art. 4 (1))[[fn:14]] to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices that are based on the idea of the inferiority or the superiority of either sexes or on stereotyped roles for men and women (art. 5 (a)) and to ensure that the betrothal and the marriage of a child will have no legal effect (art. 16 (2)).","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":14,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), para. 38."}],"citedArticles":[{"article":"4","paragraph":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly identifies these as CEDAW obligations ('States parties to the Convention on the Elimination of All Forms of Discrimination against Women'), and art. 4(1) CEDAW covers temporary special measures."},{"article":"5","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly refers to CEDAW obligations on modifying social/cultural patterns; art. 5(a) CEDAW addresses stereotyped roles, confirmed by the surrounding text context."},{"article":"16","paragraph":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly refers to CEDAW obligation on betrothal/marriage of a child having no legal effect; art. 16(2) CEDAW covers child marriage."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0032","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":32,"n":31,"text":"The Convention on the Rights of the Child, on the other hand, obliges States parties to take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children (art. 24 (3)). In addition, it provides for the right of the child to be protected from all forms of violence, including physical, sexual or psychological violence (art. 19) and requires States parties to ensure that no child is subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37 (a)). It applies the four general principles of the Convention to the issue of harmful practices, namely protection from discrimination (art. 2), ensuring the best interests of the child (art. 3 (1)[[fn:16]]),15 upholding the right to life, survival and development (art. 6), and the right of the child to be heard (art. 12).","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":15,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), para. 38."}],"section":["VII. Holistic framework for addressing harmful practices"],"citedArticles":[{"article":"24","paragraph":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'The Convention on the Rights of the Child ... art. 24 (3)', which obliges States to abolish traditional practices prejudicial to children's health."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly attributes art. 19 to the Convention on the Rights of the Child, covering protection from all forms of violence."},{"article":"37","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly attributes art. 37(a) to the Convention on the Rights of the Child, prohibiting torture and cruel treatment."},{"article":"2","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly states these are 'four general principles of the Convention' (CRC), and art. 2 CRC covers non-discrimination."},{"article":"3","paragraph":"1","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly lists art. 3(1) as one of the four general principles of the CRC, covering best interests of the child."},{"article":"6","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly lists art. 6 as one of the four general principles of the CRC, covering the right to life, survival and development."},{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly lists art. 12 as one of the four general principles of the CRC, covering the right of the child to be heard."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0033","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":33,"n":33,"text":"33. In both instances, the effective prevention and elimination of harmful practices require the establishment of a well-defined, rights-based and locally relevant holistic strategy that includes supportive legal and policy measures, including social measures that are combined with commensurate political commitment and accountability at all levels. The obligations outlined in the Conventions provide the basis for the development of a holistic strategy to eliminate harmful practices, the elements of which are set out herein.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0034","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":34,"n":34,"text":"34. Such a holistic strategy must be mainstreamed and coordinated both vertically and horizontally and integrated into national efforts to prevent and address all forms of harmful practices. Horizontal coordination requires organization across sectors, including education, health, justice, social welfare, law enforcement, immigration and asylum, and communications and media. Similarly, vertical coordination requires organization between actors at the local, regional and national levels and with traditional and religious authorities. To facilitate the process, consideration should be given to delegating responsibility for the work to an existing or specifically established high-level entity, in cooperation with all relevant stakeholders.","labels":["Migrants"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0035","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":35,"n":35,"text":"35. The implementation of any holistic strategy necessarily requires the provision of adequate organizational, human, technical and financial resources that are supplemented with appropriate measures and tools, such as regulations, policies, plans and budgets. In addition, States parties are obliged to ensure that an independent monitoring mechanism is in place to track progress in protecting women and children from harmful practices and in realizing their rights.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0036","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":36,"n":36,"text":"36. Strategies aimed at eliminating harmful practices also need to involve a wide range of other stakeholders, including national independent human rights institutions, health, education and law enforcement professionals, members of civil society and those who engage in the practices.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0037","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":37,"n":37,"text":"37. The regular and comprehensive collection, analysis, dissemination and use of quantitative and qualitative data are crucial to ensuring effective policies, developing appropriate strategies and formulating actions, as well as evaluating impacts, monitoring progress achieved towards the elimination of harmful practices and identifying re-emerging and emerging harmful practices. The availability of data allows for the examination of trends and enables the establishment of the relevant connections between policies and effective programme implementation by State and non-State actors and the corresponding changes in attitudes, forms of behaviour, practices and prevalence rates. Data disaggregated by sex, age, geographical location, socioeconomic status, education level and other key factors are central to the identification of high-risk and disadvantaged groups of women and children, which will guide policy formulation and action to address harmful practices.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","A. Data collection and monitoring"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0038","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":38,"n":38,"text":"38. Such recognition notwithstanding, disaggregated data on harmful practices remain limited and are seldom comparable by country and over time, resulting in limited understanding of the extent and evolution of the problem and identification of adequately tailored and targeted measures.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","A. Data collection and monitoring"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0039","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":39,"n":39,"text":"The Committees recommend that the States parties to the Conventions: (a) Accord priority to the regular collection, analysis, dissemination and use of quantitative and qualitative data on harmful practices disaggregated by sex, age, geographical location, socioeconomic status, education level and other key factors, and ensure that such activities are adequately resourced. Regular data collection systems should be established and/or maintained in the health-care and social services, education and judicial and law enforcement sectors on protection-related issues; (b) Collect data through the use of national demographic and indicator surveys and censuses, which may be supplemented by data from nationally representative household surveys. Qualitative research should be conducted through focus group discussions, in-depth key informant interviews with a wide variety of stakeholders, structured observations, social mapping and other appropriate methodologies.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","A. Data collection and monitoring"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0040","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":40,"n":40,"text":"40. A key element of any holistic strategy is the development, enactment, implementation and monitoring of relevant legislation. Each State party is under the obligation[[fn:16]] to send a clear message of condemnation of harmful practices, provide legal protection for victims, enable State and non-State actors to protect women and children at risk, provide appropriate responses and care, and ensure the availability of redress and an end to impunity.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"footnotes":[{"n":16,"text":"See Convention on the Elimination of All Forms of Discrimination against Women, arts. 2 (a)–(c), 2 (f) and 5, and Committee on the Rights of the Child, general comment No. 13 (2011)."}],"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0041","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":41,"n":41,"text":"41. The enactment of legislation alone is, however, insufficient to combat harmful practices effectively. In accordance with the requirements of due diligence, legislation must therefore be supplemented with a comprehensive set of measures to facilitate its implementation, enforcement and follow-up, and monitoring and evaluation of the results achieved.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0042","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":42,"n":42,"text":"42. Contrary to their obligations under both Conventions, many States parties maintain legal provisions that justify, allow or lead to harmful practices, such as legislation that allows for child marriage, provides the defence of so-called honour as an exculpatory or mitigating factor for crimes committed against girls and women or enables a perpetrator of rape and/or other sexual crimes to avoid sanctions by marrying the victim.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0043","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":43,"n":43,"text":"43. In States parties with plural legal systems, even where laws explicitly prohibit harmful practices, prohibition may not be enforced effectively because the existence of customary, traditional or religious laws may actually support those practices.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0044","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":44,"n":44,"text":"44. Prejudices and weak capacity to address the rights of women and children among judges in customary and religious courts or traditional adjudication mechanisms and the belief that matters falling within the purview of such customary systems should not be subjected to any review or scrutiny by the State or other judicial bodies deny or limit the access to justice of victims of harmful practices.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0045","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":45,"n":45,"text":"45. The full and inclusive participation of relevant stakeholders in the drafting of legislation against harmful practices can ensure that the primary concerns relating to the practices are accurately identified and addressed. Engaging with and soliciting input from practising communities, other relevant stakeholders and members of civil society is central to this process. Care should be taken, however, to ensure that prevailing attitudes and social norms that support harmful practices do not weaken efforts to enact and enforce legislation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0046","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":46,"n":46,"text":"46. Many States parties have taken steps to decentralize government power through devolution and delegation, but this should not reduce or negate the obligation to enact legislation that prohibits harmful practices and is applicable throughout their jurisdiction. Safeguards must be put in place to ensure that decentralization or devolution does not lead to discrimination with regard to protection of women and children against harmful practices in different regions and cultural zones. Devolved authorities need to be equipped with the human, financial, technical and other resources necessary to effectively enforce legislation that aims to eliminate harmful practices.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0047","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":47,"n":47,"text":"47. Cultural groups engaged in harmful practices may contribute to spreading such practices across national boundaries. Where this occurs, appropriate measures are needed to contain the spread.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0048","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":48,"n":48,"text":"48. National human rights institutions have a key role to play in promoting and protecting human rights, including the right of individuals to be free from harmful practices, and enhancing public awareness of those rights.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0049","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":49,"n":49,"text":"49. Individuals providing services for women and children, especially medical personnel and teachers, are uniquely placed to identify actual or potential victims of harmful practices. They are, however, often bound by rules of confidentiality that may conflict with their obligation to report the actual occurrence of a harmful practice or the potential for it to occur. This must be overcome with specific regulations that make it mandatory for them to report such incidents.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0050","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":50,"n":50,"text":"50. Where medical professionals or government employees or civil servants are involved or complicit in carrying out harmful practices, their status and responsibility, including to report, should be seen as an aggravating circumstance in the determination of criminal sanctions or administrative sanctions such as loss of a professional licence or termination of contract, which should be preceded by the issuance of warnings. Systematic training for relevant professionals is considered to be an effective preventive measure in this regard.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0051","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":51,"n":51,"text":"51. Although criminal law sanctions must be consistently enforced in ways that contribute to the prevention and elimination of harmful practices, States parties must also take into account the potential threats to and negative impact on victims, including acts of retaliation.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0052","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":52,"n":52,"text":"52. Monetary compensation may not be feasible in areas of high prevalence. In all instances, however, women and children affected by harmful practices should have access to legal remedies, victim support and rehabilitation services and social and economic opportunities.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0053","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":53,"n":53,"text":"53. The best interests of the child and the protection of the rights of girls and women should always be taken into consideration and the necessary conditions must be in place to enable them to express their point of view and ensure that their opinions are given due weight. Careful consideration should also be given to the potential short-term and long-term impact on children or women of the dissolution of child and/or forced marriages and the return of dowry payments and bride prices.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0054","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":54,"n":54,"text":"54. States parties, and in particular immigration and asylum officials, should be aware that women and girls may be fleeing their country of origin to avoid undergoing a harmful practice. Those officials should receive appropriate cultural, legal and gender-sensitive training on what steps need to be taken for the protection of such women and girls.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0055","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":55,"n":55,"text":"The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure: (a) That the process of drafting legislation is fully inclusive and participatory. For that purpose, they should conduct targeted advocacy and awareness-raising and use social mobilization measures to generate broad public knowledge of and support for the drafting, adoption, dissemination and implementation of the legislation; (b) That the legislation is in full compliance with the relevant obligations outlined in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child and other international human rights standards that prohibit harmful practices and that it takes precedence over customary, traditional or religious laws that allow, condone or prescribe any harmful practice, especially in countries with plural legal systems; (c) That they repeal without further delay all legislation that condones, allows or leads to harmful practices, including traditional, customary or religious laws and any legislation that accepts the defence of honour as a defence or mitigating factor in the commission of crimes in the name of so-called honour; (d) That the legislation is consistent and comprehensive and provides detailed guidance on prevention, protection, support and follow-up services and assistance for victims, including towards their physical and psychological recovery and social reintegration, and is complemented by adequate civil and/or administrative legislative provisions; (e) That the legislation adequately addresses, including by providing the basis for the adoption of temporary special measures, the root causes of harmful practices, including discrimination on the basis of sex, gender, age and other intersecting factors, focuses on the human rights and needs of the victims and fully takes into account the best interests of children and women; (f) That a minimum legal age of marriage for girls and boys, with or without parental consent, is established at 18 years; (g) That a legal requirement of marriage registration is established and effective implementation is provided through awareness-raising, education and the existence of adequate infrastructure to make registration accessible to all persons within their jurisdiction; (h) That a national system of compulsory, accessible and free birth registration is established in order to effectively prevent harmful practices, including child marriage; (i) That national human rights institutions are mandated to consider individual complaints and petitions and carry out investigations, including those submitted on behalf of or directly by women and children, in a confidential, gender-sensitive and child-friendly manner; (j) That it is made mandatory by law for professionals and institutions working for and with children and women to report actual incidents or the risk of such incidents if they have reasonable grounds to believe that a harmful practice has occurred or may occur. Mandatory reporting responsibilities should ensure the protection of the privacy and confidentiality of those who report; (k) That all initiatives to draft and amend criminal laws must be coupled with protection measures and services for victims and those who are at risk of being subjected to harmful practices; (l) That legislation establishes jurisdiction over offences of harmful practices that applies to nationals of the State party and habitual residents even when they are committed in a State in which they are not criminalized; (m) That legislation and policies relating to immigration and asylum recognize the risk of being subjected to harmful practices or being persecuted as a result of such practices as a ground for granting asylum. Consideration should also be given, on a case-by-case basis, to providing protection to a relative who may be accompanying the girl or woman; (n) That the legislation includes provisions on regular evaluation and monitoring, including in relation to implementation, enforcement and follow-up; (o) That women and children subjected to harmful practices have equal access to justice, including by addressing legal and practical barriers to initiating legal proceedings, such as the limitation period, and that the perpetrators and those who aid or condone such practices are held accountable; (p) That the legislation includes mandatory restraining or protection orders to safeguard those at risk of harmful practices and provides for their safety and measures to protect victims from retribution; (q) That victims of violations have equal access to legal remedies and appropriate reparations in practice.","labels":["Refugees & asylum-seekers","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","B. Legislation and its enforcement"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0056","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":56,"n":56,"text":"56. One of the first steps in combating harmful practices is through prevention. Both Committees have underlined that prevention can be best achieved through a rights-based approach to changing social and cultural norms, empowering women and girls, building the capacity of all relevant professionals who are in regular contact with victims, potential victims and perpetrators of harmful practices at all levels and raising awareness of the causes and consequences of harmful practices, including through dialogue with relevant stakeholders.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0057","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":57,"n":57,"text":"57. A social norm is a contributing factor to and social determinant of certain practices in a community that may be positive and strengthen its identity and cohesion or may be negative and potentially lead to harm. It is also a social rule of behaviour that members of a community are expected to observe. This creates and sustains a collective sense of social obligation and expectation that conditions the behaviour of individual community members, even if they are not personally in agreement with the practice. For example, where female genital mutilation is the social norm, parents are motivated to agree to its being performed on their daughters because they see other parents doing so and believe that others expect them to do the same. The norm or practice is often perpetuated by other women in community networks who have already undergone the procedure and exert additional pressure on younger women to conform to the practice or risk ostracism, being shunned and stigmatization. Such marginalization may include the loss of important economic and social support and social mobility. Conversely, if individuals conform to the social norm, they expect to be rewarded, for example through inclusion and praise. Changing social norms that underlie and justify harmful practices requires that such expectations be challenged and modified.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0058","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":58,"n":58,"text":"58. Social norms are interconnected, meaning that harmful practices cannot be addressed in isolation, but within a broader context based on a comprehensive understanding of how the practices are linked to other cultural and social norms and other practices. This indicates the need to adopt a rights-based approach that is founded on recognition that rights are indivisible and interdependent.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0059","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":59,"n":59,"text":"59. An underlying challenge that must be confronted is the fact that harmful practices may be perceived as having beneficial effects for the victims and members of their family and community. Consequently, there are significant limitations to any approach that targets only individual behavioural change. Instead, there is a need for a broad-based and holistic collective or community-based approach. Culturally sensitive interventions that reinforce human rights and enable practising communities to collectively explore and agree upon alternative ways to fulfil their values and honour or celebrate traditions without causing harm and violating the human rights of women and children can lead to the sustainable and large-scale elimination of the harmful practices and the collective adoption of new social rules. Public manifestations of a collective commitment to alternative practices can help to reinforce their long-term sustainability. In this regard, the active involvement of community leaders is crucial.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0060","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":60,"n":60,"text":"60. The Committees recommend that the States parties to the Conventions ensure that any efforts undertaken to tackle harmful practices and to challenge and change underlying social norms are holistic, community-based and founded on a rights-based approach that includes the active participation of all relevant stakeholders, especially women and girls.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0061","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":61,"n":61,"text":"61. States parties have an obligation to challenge and change patriarchal ideologies and structures that constrain women and girls from fully exercising their human rights and freedoms. For girls and women to overcome the social exclusion and poverty that many experience, which increase their vulnerability to exploitation, harmful practices and other forms of gender-based violence, they need to be equipped with the skills and competencies necessary to assert their rights, including to make autonomous and informed decisions and choices about their own lives. In this context, education is an important tool for empowering women and girls to claim their rights.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0062","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":62,"n":62,"text":"62. There is a clear correlation between the low educational attainment of girls and women and the prevalence of harmful practices. States parties to the Conventions have obligations to ensure the universal right to high-quality education and to create an enabling environment that allows girls and women to become agents of change (Convention on the Rights of the Child, arts. 28 and 29; Convention on the Elimination of All Forms of Discrimination against Women, art. 10). This entails providing universal, free and compulsory primary school enrolment and ensuring regular attendance, discouraging dropping out, eliminating existing gender disparities and supporting access for the most marginalized girls, including those living in remote and rural communities. In implementing the obligations, consideration should be given to making schools and their surroundings safe, friendly to girls and conducive to their optimal performance.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"],"citedArticles":[{"article":"10","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly attributes art 10 to 'Convention on the Elimination of All Forms of Discrimination against Women'."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0063","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":63,"n":63,"text":"63. The completion of primary and secondary education provides girls with short-term and long-term benefits by contributing to the prevention of child marriage and adolescent pregnancy and lower rates of infant and maternal mortality and morbidity, preparing women and girls to better claim their right to freedom from violence and increasing their opportunities for effective participation in all spheres of life. The Committees have consistently encouraged States parties to take measures to boost enrolment and retention in secondary education, including by ensuring that pupils complete primary school, abolishing school fees for both primary and secondary education, promoting equitable access to secondary education, including technical-vocational educational opportunities and giving consideration to making secondary education compulsory. The right of adolescent girls to continue their studies during and after pregnancy can be guaranteed through non-discriminatory return policies.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0064","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":64,"n":64,"text":"64. For out-of-school girls, non-formal education is often their only route to learning and should provide basic education and instruction in life skills. It is an alternative to formal schooling for those who did not complete primary or secondary school and may also be made available through radio programmes and other media, including digital media.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0065","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":65,"n":65,"text":"65. Women and girls are enabled to build their economic assets through training in livelihood and entrepreneurship skills and benefit from programmes that offer an economic incentive to postpone marriage until 18 years of age, such as scholarships, microcredit programmes or savings schemes (Convention on the Elimination of All Forms of Discrimination against Women, arts. 11 and 13; Convention on the Rights of the Child, art. 28). Complementary awareness-raising programmes are essential to communicating the right of women to work outside the home and challenging taboos about women and work.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"],"citedArticles":[{"article":"28","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly attributes art 28 to 'Convention on the Rights of the Child'."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0066","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":66,"n":66,"text":"66. Another means of encouraging the empowerment of women and girls is by building their social assets. This can be facilitated through the creation of safe spaces where girls and women can connect with peers, mentors, teachers and community leaders and express themselves, speak out, articulate their aspirations and concerns and participate in decisions affecting their lives. This can help them to develop self-esteem and self-efficacy, communication, negotiation and problem-solving skills and awareness of their rights and can be particularly important for migrant girls. Given that men have traditionally held positions of power and influence at all levels, their engagement is crucial to ensuring that children and women have the support and committed engagement of their families, communities, civil society and policymakers.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0067","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":67,"n":67,"text":"67. Childhood, and early adolescence at the latest, are entry points for assisting both girls and boys and supporting them to change gender-based attitudes and adopt more positive roles and forms of behaviour in the home, at school and in wider society. This means facilitating discussions with them on social norms, attitudes and expectations that are associated with traditional femininity and masculinity and sex- and gender-linked stereotypical roles and working in partnership with them to support personal and social change aimed at eliminating gender inequality and promoting the importance of valuing education, especially girls’ education, in the effort to eliminate harmful practices that specifically affect pre-adolescent and adolescent girls.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0068","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":68,"n":68,"text":"68. Women and adolescent girls who have been, or are at risk of being, subjected to harmful practices face significant risks to their sexual and reproductive health, in particular in a context where they already encounter barriers to decision-making on such issues arising from lack of adequate information and services, including adolescent-friendly services. Special attention is therefore needed to ensure that women and adolescents have access to accurate information about sexual and reproductive health and rights and on the impacts of harmful practices, as well as access to adequate and confidential services. Age-appropriate education, which includes science-based information on sexual and reproductive health, contributes to empowering girls and women to make informed decisions and claim their rights. To this end, health-care providers and teachers with adequate knowledge, understanding and skills play a crucial role in conveying the information, preventing harmful practices and identifying and assisting women and girls who are victims of or might be at risk of being subjected to them.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0069","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":69,"n":69,"text":"The Committees recommend that the States parties to the Conventions: (a) Provide universal, free and compulsory primary education that is girlfriendly, including in remote and rural areas, consider making secondary education mandatory while also providing economic incentives for pregnant girls and adolescent mothers to complete secondary school and establish non-discriminatory return policies; (b) Provide girls and women with educational and economic opportunities in a safe and enabling environment where they can develop their self-esteem, awareness of their rights and communication, negotiation and problem-solving skills; (c) Include in the educational curriculum information on human rights, including those of women and children, gender equality and self-awareness and contribute to eliminating gender stereotypes and fostering an environment of non-discrimination; (d) Ensure that schools provide age-appropriate information on sexual and reproductive health and rights, including in relation to gender relations and responsible sexual behaviour, HIV prevention, nutrition and protection from violence and harmful practices; (e) Ensure access to non-formal education programmes for girls who have dropped out of regular schooling, or who have never enrolled and are illiterate, and monitor the quality of those programmes; (f) Engage men and boys in creating an enabling environment that supports the empowerment of women and girls.","labels":["Women/girls","Children","Adolescents","Persons living with HIV/AIDS","Persons living in rural/remote areas"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0070","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":70,"n":70,"text":"70. One of the primary challenges in the elimination of harmful practices relates to the lack of awareness or capacity of relevant professionals, including front-line professionals, to adequately understand, identify and respond to incidents or the risks of harmful practices. A comprehensive, holistic and effective approach to capacity-building should aim to engage influential leaders, such as traditional and religious leaders, and as many relevant professional groups as possible, including health, education and social workers, asylum and immigration authorities, the police, public prosecutors, judges and politicians at all levels. They need to be provided with accurate information about the practice and applicable human rights norms and standards with a view to promoting a change in the attitudes and forms of behaviour of their group and the wider community.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0071","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":71,"n":71,"text":"71. Where alternative dispute resolution mechanisms or traditional justice systems are in place, training on human rights and harmful practices should be provided to those responsible for their management. Furthermore, police officers, public prosecutors, judges and other law enforcement officials need training on the implementation of new or existing legislation criminalizing harmful practices to ensure that they are aware of the rights of women and children and are sensitive to the vulnerable status of victims.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0072","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":72,"n":72,"text":"72. In States parties in which the prevalence of harmful practices is primarily limited to immigrant communities, health-care providers, teachers and childcare professionals, social workers, police officers, migration officials and the justice sector must be sensitized and trained in how to identify girls and women who have been, or are at risk of being, subjected to harmful practices and which steps can and should be taken to protect them.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0073","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":73,"n":73,"text":"The Committees recommend that the States parties to the Conventions: (a) Provide all relevant front-line professionals with information on harmful practices and applicable human rights norms and standards and ensure that they are adequately trained to prevent, identify and respond to incidents of harmful practices, including mitigating negative effects for victims and helping them to gain access to remedies and appropriate services; (b) Provide training to individuals involved in alternative dispute resolution and traditional justice systems to appropriately apply key human rights principles, especially the best interests of the child and the participation of children in administrative and judicial proceedings; (c) Provide training to all law enforcement personnel, including the judiciary, on new and existing legislation prohibiting harmful practices and ensure that they are aware of the rights of women and children and of their role in prosecuting perpetrators and protecting victims of harmful practices; (d) Conduct specialized awareness and training programmes for health-care providers working with immigrant communities to address the unique health-care needs of children and women who have undergone female genital mutilation or other harmful practices and provide specialized training also for professionals within child welfare services and services focused on the rights of women and the education and police and justice sectors, politicians and media personnel working with migrant girls and women.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0074","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":74,"n":74,"text":"74. To challenge sociocultural norms and attitudes that underlie harmful practices, including male-dominated power structures, sex- and gender-based discrimination and age hierarchies, both Committees regularly recommend that States parties undertake comprehensive public information and awareness-raising campaigns that are part of long-term strategies to eliminate harmful practices.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0075","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":75,"n":75,"text":"75. Awareness-raising measures should include accurate information from trusted sources about the harm caused by the practices and convincing reasons as to why they should be eliminated. In this respect, the mass media can perform an important function in ensuring new thinking, in particular through access by women and children to information and material aimed at the promotion of their social and moral well-being and physical and mental health, in line with obligations under both Conventions that help to protect them from harmful practices.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0076","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":76,"n":76,"text":"76. The launching of awareness-raising campaigns can provide an opportunity to initiate public discussions about harmful practices with a view to collectively exploring alternatives that do not cause harm or violate the human rights of women and children and reaching agreement that the social norms underlying and sustaining harmful practices can and should be changed. The collective pride of a community in identifying and adopting new ways to fulfil its core values will ensure the commitment and sustainability of new social norms that do not result in the infliction of harm or violate human rights.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0077","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":77,"n":77,"text":"77. The most effective efforts are inclusive and engage relevant stakeholders at all levels, especially girls and women from affected communities and boys and men. Moreover, those efforts require the active participation and support of local leaders, including through the allocation of adequate resources. Establishing or strengthening existing partnerships with relevant stakeholders, institutions, organizations and social networks (religious and traditional leaders, practitioners and civil society) can help to build bridges between constituencies.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0078","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":78,"n":78,"text":"78. Consideration could be given to the dissemination of information on positive experiences that followed the elimination of harmful practices within a local or diaspora community or within other practising communities from the same geographical region with similar backgrounds, as well as to the exchange of good practice, including from other regions. This may take the form of local, national or regional conferences or events, visits of community leaders or the use of audiovisual tools. In addition, awareness-raising activities need to be carefully designed so that they accurately reflect the local context, do not result in a backlash or foster stigma and/or discrimination against the victims and/or the practising communities.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0079","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":79,"n":79,"text":"79. Community-based and mainstream media can be important partners in awareness-raising and outreach regarding the elimination of harmful practices, including through joint initiatives with Governments to host debates or talk shows, prepare and screen documentaries and develop educational programmes for radio and television. The Internet and social media can also be valuable tools for providing information and opportunities for debate, while mobile telephones are increasingly being used to convey messages and engage with people of all ages. Community-based media can serve as a useful forum for information and dialogue and may include radio, street theatre, music, art, poetry and puppetry.","labels":["Persons in street situations"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0080","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":80,"n":80,"text":"80. In States parties with effective and enforced legislation against harmful practices, there is a risk that practising communities will go into hiding or go abroad to carry out the practices. States parties hosting practising communities should support awareness-raising campaigns regarding the harmful impact on the victims or those at risk, as well as the legal implications of the violation, while at the same time preventing discrimination and stigma against those communities. To this end, steps should be taken to facilitate the social integration of such communities.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0081","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":81,"n":81,"text":"The Committees recommend that the States parties to the Conventions: (a) Develop and adopt comprehensive awareness-raising programmes to challenge and change cultural and social attitudes, traditions and customs that underlie forms of behaviour that perpetuate harmful practices; (b) Ensure that awareness-raising programmes provide accurate information and clear and unified messages from trusted sources about the negative impact of harmful practices on women, children, in particular girls, their families and society at large. Such programmes should include social media, the Internet and community communication and dissemination tools; (c) Take all appropriate measures to ensure that stigma and discrimination are not perpetuated against the victims and/or practising immigrant or minority communities; (d) Ensure that awareness-raising programmes targeting State structures engage decision makers and all relevant programmatic staff and key professionals working within local and national government and government agencies; (e) Ensure that personnel of national human rights institutions are fully aware and sensitized to the human rights implications of harmful practices within the State party and that they receive support to promote the elimination of those practices; (f) Initiate public discussions to prevent and promote the elimination of harmful practices, by engaging all relevant stakeholders in the preparation and implementation of the measures, including local leaders, practitioners, grass-roots organizations and religious communities. The activities should affirm the positive cultural principles of a community that are consistent with human rights and include information on experiences of successful elimination by formerly practising communities with similar backgrounds; (g) Build or reinforce effective partnerships with the mainstream media to support the implementation of awareness-raising programmes and promote public discussions and encourage the creation and observance of self-regulatory mechanisms that respect the privacy of individuals.","labels":["Children","Women/girls","Migrants"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","C. Prevention of harmful practices"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0082","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":82,"n":82,"text":"82. Women and children who are victims of harmful practices are in need of immediate support services, including medical, psychological and legal services. Emergency medical services may be the most urgent and obvious, given that some of the harmful practices covered herein involve the infliction of extreme physical violence and medical intervention may be necessary to treat severe harm or prevent death. Victims of female genital mutilation or other harmful practices may also require medical treatment or surgical interventions to address the short-term and long-term physical consequences. The management of pregnancy and childbirth in women or girls who have undergone female genital mutilation must be included in pre-service and in-service training for midwives, doctors and other skilled birth attendants.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0083","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":83,"n":83,"text":"83. National protection systems or, in their absence, traditional structures should be mandated to be child-friendly and gender-sensitive and adequately resourced to provide all necessary protection services to women and girls who face a high risk of being subjected to violence, including girls running away to avoid being subjected to female genital mutilation, forced marriage or crimes committed in the name of so-called honour. Consideration should be given to the establishment of an easy-to-remember, free, around-the-clock helpline that is available and known nationwide. Appropriate safety and security measures for victims must be available, including specifically designed temporary shelters or specialized services within shelters for victims of violence. Given that perpetrators of harmful practices are often the spouse of the victim, a family member or a member of the victim’s community, protective services should seek to relocate victims outside their immediate community if there is reason to believe that they may be unsafe. Unsupervised visits must be avoided, especially when the issue may be considered one of so-called honour. Psychosocial support must also be available to treat the immediate and long-term psychological trauma of victims, which may include post-traumatic stress disorder, anxiety and depression.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0084","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":84,"n":84,"text":"84. When a woman or a girl who was subjected to or refused to undergo a practice leaves her family or community to seek refuge, her decision to return must be supported by adequate national protection mechanisms. In assisting her in making this free and informed choice, the mechanisms are required to ensure her safe return and reintegration based on the principle of her best interest, including avoiding revictimization. Such situations require close follow-up and monitoring to ensure that victims are protected and enjoy their rights in the short term and the long term.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0085","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":85,"n":85,"text":"85. Victims seeking justice for violations of their rights as a result of harmful practices often face stigmatization, a risk of revictimization, harassment and possible retribution. Steps must therefore be taken to ensure that the rights of girls and women are protected throughout the legal process, in accordance with articles 2 (c) and 15 (2) and (3) of the Convention on the Elimination of All Forms of Discrimination against Women, and that children are enabled to effectively engage in court proceedings as part of their right to be heard under article 12 of the Convention on the Rights of the Child.","labels":["Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"],"citedArticles":[{"article":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2 (c) and 15 (2) and (3)' to 'the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"15","paragraph":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2 (c) and 15 (2) and (3)' to 'the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"12","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'article 12' to 'the Convention on the Rights of the Child'."}]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0086","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":86,"n":86,"text":"86. Many migrants have a precarious economic and legal status, which increases their vulnerability to all forms of violence, including harmful practices. Migrant women and children often do not have access to adequate services on an equal basis with citizens.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0087","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":87,"n":87,"text":"The Committees recommend that the States parties to the Conventions: (a) Ensure that protection services are mandated and adequately resourced to provide all necessary prevention and protection services to children and women who are, or are at high risk of becoming, victims of harmful practices; (b) Establish a free, 24-hour hotline that is staffed by trained counsellors, to enable victims to report instances when a harmful practice is likely to occur or has occurred, and provide referral to needed services and accurate information about harmful practices; (c) Develop and implement capacity-building programmes on their role in protection for judicial officers, including judges, lawyers, prosecutors and all relevant stakeholders, on legislation prohibiting discrimination and on applying laws in a gender-sensitive and age-sensitive manner in conformity with the Conventions; (d) Ensure that children participating in legal processes have access to appropriate child-sensitive services to safeguard their rights and safety and to limit the possible negative impacts of the proceedings. Protective action may include limiting the number of times that a victim is required to give a statement and not requiring that individual to face the perpetrator or perpetrators. Other steps may include appointing a guardian ad litem (especially where the perpetrator is a parent or legal guardian) and ensuring that child victims have access to adequate child-sensitive information about the process and fully understand what to expect; (e) Ensure that migrant women and children have equal access to services, regardless of their legal status.","labels":["Migrants","Women/girls","Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VII. Holistic framework for addressing harmful practices","D. Protective measures and responsive services"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0088","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":88,"n":88,"text":"88. States parties should widely disseminate the present joint general recommendation/general comment to parliaments, Governments and the judiciary, nationally and locally. It should also be made known to children and women and all relevant professionals and stakeholders, including those working for and with children (e.g. judges, lawyers, police officers and other law enforcement officials, teachers, guardians, social workers, staff of public or private welfare institutions and shelters and health-care providers) and civil society at large. It should be translated into relevant languages and child-friendly/appropriate versions and formats accessible to persons with disabilities should be made available. Conferences, seminars, workshops and other events should be held to share good practice on how best to implement it. It should also be incorporated into the formal pre-service and in-service training of all relevant professionals and technical staff and should be made available to all national human rights institutions, women’s organizations and other human rights non-governmental organizations.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VIII. Dissemination and use of the joint general recommendation/general comment and reporting"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0089","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":89,"n":89,"text":"89. States parties should include in their reports under the Conventions information about the nature and extent of attitudes, customs and social norms that perpetuate harmful practices and on the measures guided by the present joint general recommendation/general comment that they have implemented and the effects thereof.","labels":[],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["VIII. Dissemination and use of the joint general recommendation/general comment and reporting"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0090","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":90,"n":90,"text":"States parties are encouraged to ratify the following instruments: (a) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; (b) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography; (c) Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; (d) Optional Protocol to the Convention on the Rights of the Child on a communications procedure.","labels":["Children"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["IX. Treaty ratification or accession and reservations"]},{"id":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1-0091","docId":"cedaw-c-gc-31-rev-1-crc-c-gc-18-rev-1","idx":91,"n":91,"text":"91. States parties should review and modify or withdraw any reservations to articles 2, 5 and 16, or their subparagraphs, of the Convention on the Elimination of All Forms of Discrimination against Women and articles 19 and 24 (3) of the Convention on the Rights of the Child. The Committee on the Elimination of Discrimination against Women considers reservations to those articles in principle incompatible with the object and purpose of the Conventions and thus impermissible under article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women.","labels":["Women/girls"],"type":"gc","committee":"CRC","committees":["CRC","CEDAW"],"year":2019,"section":["IX. Treaty ratification or accession and reservations"],"citedArticles":[{"article":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 5 and 16' to 'the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"5","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 5 and 16' to 'the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"16","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 2, 5 and 16' to 'the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"19","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 19 and 24 (3)' to 'the Convention on the Rights of the Child'."},{"article":"24","paragraph":"3","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly assigns 'articles 19 and 24 (3)' to 'the Convention on the Rights of the Child'."},{"article":"28","paragraph":"2","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly names 'article 28 (2) of the Convention on the Elimination of All Forms of Discrimination against Women'."}]},{"id":"crpd-c-gc-1-0001","docId":"crpd-c-gc-1","idx":1,"n":1,"text":"Equality before the law is a basic general principle of human rights protection and is indispensable for the exercise of other human rights. The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights specifically guarantee the right to equality before the law. Article 12 of the Convention on the Rights of Persons with Disabilities further describes the content of this civil right and focuses on the areas in which people with disabilities have traditionally been denied the right. Article 12 does not set out additional rights for people with disabilities; it simply describes the specific elements that States parties are required to take into account to ensure the right to equality before the law for people with disabilities, on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"article":"12","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"First occurrence: text explicitly states 'Article 12 of the Convention on the Rights of Persons with Disabilities further describes the content of this civil right', clearly CRPD."},{"article":"12","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Second occurrence: text repeats 'Article 12 does not set out additional rights', referring again to CRPD art. 12 on equal recognition before the law."}]},{"id":"crpd-c-gc-1-0002","docId":"crpd-c-gc-1","idx":2,"n":2,"text":"Given the importance of this article, the Committee facilitated interactive forums for discussions on legal capacity.From the very useful exchange on the provisions of article 12 by experts, States parties, disabled persons’ organizations, non-governmental organizations, treaty monitoring bodies, national human rights institutions and United Nations agencies, the Committee found it imperative to provide further guidance in a general comment.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0003","docId":"crpd-c-gc-1","idx":3,"n":3,"text":"On the basis of the initial reports of various States parties that it has reviewed so far, the Committee observes that there is a general misunderstanding of the exact scope of the obligations of States parties under article 12 of the Convention. Indeed, there has been a general failure to understand that the human rights-based model of disability implies a shift from the substitute decision-making paradigm to one that is based on supported decision-making. The aim of the present general comment is to explore the general obligations deriving from the various components of article 12.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0004","docId":"crpd-c-gc-1","idx":4,"n":4,"text":"The present general comment reflects an interpretation of article 12 which is premised on the general principles of the Convention, as outlined in article 3, namely, respect for the inherent dignity, individual autonomy — including the freedom to make one’s own choices —, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; and respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-1-0005","docId":"crpd-c-gc-1","idx":5,"n":5,"text":"The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention on the Rights of Persons with Disabilities each specify that the right to equal recognition before the law is operative “everywhere”. In other words, there are no permissible circumstances under international human rights law in which a person may be deprived of the right to recognition as a person before the law, or in which this right may be limited. This is reinforced by article 4, paragraph 2, of the International Covenant on Civil and Political Rights, which allows no derogation from this right, even in times of public emergency. Although an equivalent prohibition on derogation from the right to equal recognition before the law is not specified in the Convention on the Rights of Persons with Disabilities, the provision in the International Covenant covers such protection by virtue of article 4, paragraph 4, of the Convention, which establishes that the provisions of the Convention on the Rights of Persons with Disabilities do not derogate from existing international law.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"article":"4","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"First occurrence: text explicitly names 'article 4, paragraph 2, of the International Covenant on Civil and Political Rights', covering derogation prohibitions."},{"article":"4","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Second occurrence: text explicitly names 'article 4, paragraph 4, of the Convention' (CRPD), establishing that CRPD does not derogate from existing international law."}]},{"id":"crpd-c-gc-1-0006","docId":"crpd-c-gc-1","idx":6,"n":6,"text":"The right to equality before the law is also reflected in other core international and regional human rights treaties. Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women guarantees women’s equality before the law and requires the recognition of women’s legal capacity on an equal basis with men, including with regard to concluding contracts, administering property and exercising their rights in the justice system. Article 3 of the African Charter on Human and Peoples’ Rights provides for the right of every person to be equal before the law and to enjoy equal protection of the law. Article 3 of the American Convention on Human Rights enshrines the right to juridical personality and the right of every person to recognition as a person before the law.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"article":"15","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text explicitly says 'Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Article 3 of the African Charter on Human and Peoples' Rights' - regional instrument, not in scope."},{"article":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text says 'Article 3 of the American Convention on Human Rights' - regional instrument, not in scope."}]},{"id":"crpd-c-gc-1-0007","docId":"crpd-c-gc-1","idx":7,"n":7,"text":"States parties must holistically examine all areas of law to ensure that the right of persons with disabilities to legal capacity is not restricted on an unequal basis with others. Historically, persons with disabilities have been denied their right to legal capacity in many areas in a discriminatory manner under substitute decision-making regimes such as guardianship, conservatorship and mental health laws that permit forced treatment. These practices must be abolished in order to ensure that full legal capacity is restored to persons with disabilities on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"]},{"id":"crpd-c-gc-1-0008","docId":"crpd-c-gc-1","idx":8,"n":8,"text":"Article 12 of the Convention affirms that all persons with disabilities have full legal capacity. Legal capacity has been prejudicially denied to many groups throughout history, including women (particularly upon marriage) and ethnic minorities. However, persons with disabilities remain the group whose legal capacity is most commonly denied in legal systems worldwide. The right to equal recognition before the law implies that legal capacity is a universal attribute inherent in all persons by virtue of their humanity and must be upheld for persons with disabilities on an equal basis with others. Legal capacity is indispensable for the exercise of civil, political, economic, social and cultural rights. It acquires a special significance for persons with disabilities when they have to make fundamental decisions regarding their health, education and work. The denial of legal capacity to persons with disabilities has, in many cases, led to their being deprived of many fundamental rights, including the right to vote, the right to marry and found a family, reproductive rights, parental rights, the right to give consent for intimate relationships and medical treatment, and the right to liberty.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0009","docId":"crpd-c-gc-1","idx":9,"n":9,"text":"All persons with disabilities, including those with physical, mental, intellectual or sensory impairments, can be affected by denial of legal capacity and substitute decision-making. However, persons with cognitive or psychosocial disabilities have been, and still are, disproportionately affected by substitute decision-making regimes and denial of legal capacity. The Committee reaffirms that a person’s status as a person with a disability or the existence of an impairment (including a physical or sensory impairment) must never be grounds for denying legal capacity or any of the rights provided for in article 12. All practices that in purpose or effect violate article 12 must be abolished in order to ensure that full legal capacity is restored to persons with disabilities on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0010","docId":"crpd-c-gc-1","idx":10,"n":10,"text":"This general comment focuses primarily on the normative content of article 12 and the State obligations that emerge therefrom. The Committee will continue to carry out work in this area so as to provide further in-depth guidance on the rights and obligations deriving from article 12 in future concluding observations, general comments and other documents.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0011","docId":"crpd-c-gc-1","idx":11,"n":11,"text":"Article 12, paragraph 1, reaffirms the right of persons with disabilities to be recognized as persons before the law. This guarantees that every human being is respected as a person possessing legal personality, which is a prerequisite for the recognition of a person’s legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 1"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0012","docId":"crpd-c-gc-1","idx":12,"n":12,"text":"Article 12, paragraph 2,recognizes that persons with disabilities enjoy legal capacity on an equal basis with others in all areas of life. Legal capacity includes the capacity to be both a holder of rights and an actor under the law. Legal capacity to be a holder of rights entitles a person to full protection of his or her rights by the legal system. Legal capacity to act under the law recognizes that person as an agent with the power to engage in transactions and create, modify or end legal relationships. The right to recognition as a legal agent is provided for in article 12, paragraph 5, of the Convention, which outlines the duty of States parties to “take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and … ensure that persons with disabilities are not arbitrarily deprived of their property”.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 2"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0013","docId":"crpd-c-gc-1","idx":13,"n":13,"text":"Legal capacity and mental capacity are distinct concepts. Legal capacity is the ability to hold rights and duties (legal standing) and to exercise those rights and duties (legal agency). It is the key to accessing meaningful participation in society. Mental capacity refers to the decision-making skills of a person, which naturally vary from one person to another and may be different for a given person depending on many factors, including environmental and social factors. Legal instruments such as the Universal Declaration of Human Rights (art. 6), the International Covenant on Civil and Political Rights (art. 16) and the Convention on the Elimination of All Forms of Discrimination Against Women (art. 15) do not specify the distinction between mental and legal capacity. Article 12 of the Convention on the Rights of Persons with Disabilities, however, makes it clear that “unsoundedness of mind” and other discriminatory labels are not legitimate reasons for the denial of legal capacity (both legal standing and legal agency). Under article 12 of the Convention, perceived or actual deficits in mental capacity must not be used as justification for denying legal capacity.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 2"],"citedArticles":[{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 6 to the Universal Declaration of Human Rights, a non-binding instrument."},{"article":"16","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'the International Covenant on Civil and Political Rights (art. 16)'."},{"article":"15","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text expressly cites 'the Convention on the Elimination of All Forms of Discrimination Against Women (art. 15)'."},{"article":"12","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly states 'Article 12 of the Convention on the Rights of Persons with Disabilities'."},{"article":"12","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Second occurrence: 'Under article 12 of the Convention' in a CRPD GC on legal capacity."}]},{"id":"crpd-c-gc-1-0014","docId":"crpd-c-gc-1","idx":14,"n":14,"text":"Legal capacity is an inherent right accorded to all people, including persons with disabilities. As noted above, it consists of two strands. The first is legal standing to hold rights and to be recognized as a legal person before the law. This may include, for example, having a birth certificate, seeking medical assistance, registering to be on the electoral role or applying for a passport. The second is legal agency to act on those rights and to have those actions recognized by the law. It is this component that is frequently denied or diminished for persons with disabilities. For example, laws may allow persons with disabilities to own property, but may not always respect the actions taken by them in terms of buying and selling property. Legal capacity means that all people, including persons with disabilities, have legal standing and legal agency simply by virtue of being human. Therefore, both strands of legal capacity must be recognized for the right to legal capacity to be fulfilled; they cannot be separated. The concept of mental capacity is highly controversial in and of itself. Mental capacity is not, as is commonly presented, an objective, scientific and naturally occurring phenomenon. Mental capacity is contingent on social and political contexts, as are the disciplines, professions and practices which play a dominant role in assessing mental capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 2"]},{"id":"crpd-c-gc-1-0015","docId":"crpd-c-gc-1","idx":15,"n":15,"text":"In most of the State party reports that the Committee has examined so far, the concepts of mental and legal capacity have been conflated so that where a person is considered to have impaired decision-making skills, often because of a cognitive or psychosocial disability, his or her legal capacity to make a particular decision is consequently removed. This is decided simply on the basis of the diagnosis of an impairment (status approach), or where a person makes a decision that is considered to have negative consequences (outcome approach), or where a person’s decision-making skills are considered to be deficient (functional approach). The functional approach attempts to assess mental capacity and deny legal capacity accordingly. It is often based on whether a person can understand the nature and consequences of a decision and/or whether he or she can use or weigh the relevant information. This approach is flawed for two key reasons: (a) it is discriminatorily applied to people with disabilities; and (b) it presumes to be able to accurately assess the inner-workings of the human mind and, when the person does not pass the assessment, it then denies him or her a core human right — the right to equal recognition before the law. In all of those approaches, a person’s disability and/or decision-making skills are taken as legitimate grounds for denying his or her legal capacity and lowering his or her status as a person before the law. Article 12 does not permit such discriminatory denial of legal capacity, but, rather, requires that support be provided in the exercise of legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 2"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0016","docId":"crpd-c-gc-1","idx":16,"n":16,"text":"Article 12, paragraph 3, recognizes that States parties have an obligation to provide persons with disabilities with access to support in the exercise of their legal capacity. States parties must refrain from denying persons with disabilities their legal capacity and must, rather, provide persons with disabilities access to the support necessary to enable them to make decisions that have legal effect.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 3"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0017","docId":"crpd-c-gc-1","idx":17,"n":17,"text":"Support in the exercise of legal capacity must respect the rights, will and preferences of persons with disabilities and should never amount to substitute decision-making. Article 12, paragraph 3, does not specify what form the support should take. “Support” is a broad term that encompasses both informal and formal support arrangements, of varying types and intensity. For example, persons with disabilities may choose one or more trusted support persons to assist them in exercising their legal capacity for certain types of decisions, or may call on other forms of support, such as peer support, advocacy (including self-advocacy support), or assistance with communication. Support to persons with disabilities in the exercise of their legal capacity might include measures relating to universal design and accessibility — for example, requiring private and public actors, such as banks and financial institutions, to provide information in an understandable format or to provide professional sign language interpretation — in order to enable persons with disabilities to perform the legal acts required to open a bank account, conclude contracts or conduct other social transactions. Support can also constitute the development and recognition of diverse, non-conventional methods of communication, especially for those who use non-verbal forms of communication to express their will and preferences. For many persons with disabilities, the ability to plan in advance is an important form of support, whereby they can state their will and preferences which should be followed at a time when they may not be in a position to communicate their wishes to others. All persons with disabilities have the right to engage in advance planning and should be given the opportunity to do so on an equal basis with others. States parties can provide various forms of advance planning mechanisms to accommodate various preferences, but all the options should be non-discriminatory. Support should be provided to a person, where desired, to complete an advance planning process. The point at which an advance directive enters into force (and ceases to have effect) should be decided by the person and included in the text of the directive; it should not be based on an assessment that the person lacks mental capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 3"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0018","docId":"crpd-c-gc-1","idx":18,"n":18,"text":"The type and intensity of support to be provided will vary significantly from one person to another owing to the diversity of persons with disabilities. This is in accordance with article 3 (d), which sets out “respect for difference and acceptance of persons with disabilities as part of human diversity and humanity” as a general principle of the Convention. At all times, including in crisis situations, the individual autonomy and capacity of persons with disabilities to make decisions must be respected.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 3"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-1-0019","docId":"crpd-c-gc-1","idx":19,"n":19,"text":"Some persons with disabilities only seek recognition of their right to legal capacity on an equal basis with others, as provided for in article 12, paragraph 2, of the Convention, and may not wish to exercise their right to support, as provided for in article 12, paragraph 3.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 3"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0020","docId":"crpd-c-gc-1","idx":20,"n":20,"text":"Article 12, paragraph 4, outlines the safeguards that must be present in a system of support in the exercise of legal capacity. Article 12, paragraph 4, must be read in conjunction with the rest of article 12 and the whole Convention. It requires States parties to create appropriate and effective safeguards for the exercise of legal capacity. The primary purpose of these safeguards must be to ensure the respect of the person’s rights, will and preferences. In order to accomplish this, the safeguards must provide protection from abuse on an equal basis with others.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 4"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0021","docId":"crpd-c-gc-1","idx":21,"n":21,"text":"Where, after significant efforts have been made, it is not practicable to determine the will and preferences of an individual, the “best interpretation of will and preferences” must replace the “best interests” determinations. This respects the rights, will and preferences of the individual, in accordance with article 12, paragraph 4. The “best interests” principle is not a safeguard which complies with article 12 in relation to adults. The “will and preferences” paradigm must replace the “best interests” paradigm to ensure that persons with disabilities enjoy the right to legal capacity on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 4"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0022","docId":"crpd-c-gc-1","idx":22,"n":22,"text":"All people risk being subject to “undue influence”, yet this may be exacerbated for those who rely on the support of others to make decisions. Undue influence is characterized as occurring, where the quality of the interaction between the support person and the person being supported includes signs of fear, aggression, threat, deception or manipulation. Safeguards for the exercise of legal capacity must include protection against undue influence; however, the protection must respect the rights, will and preferences of the person, including the right to take risks and make mistakes.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content of article 12","Article 12, paragraph 4"]},{"id":"crpd-c-gc-1-0023","docId":"crpd-c-gc-1","idx":23,"n":23,"text":"Article 12, paragraph 5, requires States parties to take measures, including legislative, administrative, judicial and other practical measures, to ensure the rights of persons with disabilities with respect to financial and economic affairs, on an equal basis with others. Access to finance and property has traditionally been denied to persons with disabilities based on the medical model of disability. That approach of denying persons with disabilities legal capacity for financial matters must be replaced with support to exercise legal capacity, in accordance with article 12, paragraph 3. In the same way as gender may not be used as the basis for discrimination in the areas of finance and property,[[fn:1]] neither may disability.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"footnotes":[{"n":1,"text":"See the Convention on the Elimination of All Forms of Discrimination against Women, art. 13 (b)."}],"section":["II. Normative content of article 12","Article 12, paragraph 5"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0024","docId":"crpd-c-gc-1","idx":24,"n":24,"text":"States parties have an obligation to respect, protect and fulfil the right of all persons with disabilities to equal recognition before the law. In this regard, States parties should refrain from any action that deprives persons with disabilities of the right to equal recognition before the law. States parties should take action to prevent non-State actors and private persons from interfering with the ability of persons with disabilities to realize and enjoy their human rights, including the right to legal capacity. One of the aims of support in the exercise of legal capacity is to build the confidence and skills of persons with disabilities so that they can exercise their legal capacity with less support in the future, if they so wish. States parties have an obligation to provide training for persons receiving support so that they can decide when less support is needed or when they no longer require support in the exercise of their legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-1-0025","docId":"crpd-c-gc-1","idx":25,"n":25,"text":"In order to fully recognize “universal legal capacity”, whereby all persons, regardless of disability or decision-making skills, inherently possess legal capacity, States parties must abolish denials of legal capacity that are discriminatory on the basis of disability in purpose or effect.[[fn:2]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"footnotes":[{"n":2,"text":"See the Convention on the Rights of Persons with Disabilities, art. 2, in conjunction with art. 5."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-1-0026","docId":"crpd-c-gc-1","idx":26,"n":26,"text":"In its concluding observations on States parties’ initial reports, in relation to article 12, the Committee on the Rights of Persons with Disabilities has repeatedly stated that States parties must “review the laws allowing for guardianship and trusteeship, and take action to develop laws and policies to replace regimes of substitute decision-making by supported decision-making, which respects the person’s autonomy, will and preferences”.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0027","docId":"crpd-c-gc-1","idx":27,"n":27,"text":"Substitute decision-making regimes can take many different forms, including plenary guardianship, judicial interdiction and partial guardianship. However, these regimes have certain common characteristics: they can be defined as systems where (i) legal capacity is removed from a person, even if this is in respect of a single decision; (ii) a substitute decision-maker can be appointed by someone other than the person concerned, and this can be done against his or her will; and (iii) any decision made by a substitute decision-maker is based on what is believed to be in the objective “best interests” of the person concerned, as opposed to being based on the person’s own will and preferences.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-1-0028","docId":"crpd-c-gc-1","idx":28,"n":28,"text":"States parties’ obligation to replace substitute decision-making regimes by supported decision-making requires both the abolition of substitute decision-making regimes and the development of supported decision-making alternatives. The development of supported decision-making systems in parallel with the maintenance of substitute decision-making regimes is not sufficient to comply with article 12 of the Convention.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0029","docId":"crpd-c-gc-1","idx":29,"n":29,"text":"29. A supported decision-making regime comprises various support options which give primacy to a person’s will and preferences and respect human rights norms. It should provide protection for all rights, including those related to autonomy (right to legal capacity, right to equal recognition before the law, right to choose where to live, etc.) and rights related to freedom from abuse and ill-treatment (right to life, right to physical integrity, etc.). Furthermore, systems of supported decision-making should not over-regulate the lives of persons with disabilities. While supported decision-making regimes can take many forms, they should all incorporate certain key provisions to ensure compliance with article 12 of the Convention, including the following: (a) Supported decision-making must be available to all. A person’s level of support needs, especially where these are high, should not be a barrier to obtaining support in decision-making; (b) All forms of support in the exercise of legal capacity, including more intensive forms of support, must be based on the will and preference of the person, not on what is perceived as being in his or her objective best interests; (c) A person’s mode of communication must not be a barrier to obtaining support in decision-making, even where this communication is non-conventional, or understood by very few people; (d) Legal recognition of the support person(s) formally chosen by a person must be available and accessible, and States have an obligation to facilitate the creation of support, particularly for people who are isolated and may not have access to naturally occurring support in the community. This must include a mechanism for third parties to verify the identity of a support person as well as a mechanism for third parties to challenge the action of a support person if they believe that the support person is not acting in accordance with the will and preferences of the person concerned; (e) In order to comply with the requirement, set out in article 12, paragraph 3, of the Convention, for States parties to take measures to “provide access” to the support required, States parties must ensure that support is available at nominal or no cost to persons with disabilities and that lack of financial resources is not a barrier to accessing support in the exercise of legal capacity; (f) Support in decision-making must not be used as justification for limiting other fundamental rights of persons with disabilities, especially the right to vote, the right to marry, or establish a civil partnership, and found a family, reproductive rights, parental rights, the right to give consent for intimate relationships and medical treatment, and the right to liberty; (g) The person must have the right to refuse support and terminate or change the support relationship at any time; (h) Safeguards must be set up for all processes relating to legal capacity and support in exercising legal capacity. The goal of safeguards is to ensure that the person’s will and preferences are respected. (i) The provision of support to exercise legal capacity should not hinge on mental capacity assessments; new, non-discriminatory indicators of support needs are required in the provision of support to exercise legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0030","docId":"crpd-c-gc-1","idx":30,"n":30,"text":"The right to equality before the law has long been recognized as a civil and political right, with roots in the International Covenant on Civil and Political Rights. Civil and political rights attach at the moment of ratification and States parties are required to take steps to immediately realize those rights. As such, the rights provided for in article 12 apply at the moment of ratification and are subject to immediate realization. The State obligation, provided for in article 12, paragraph 3, to provide access to support in the exercise of legal capacity is an obligation for the fulfilment of the civil and political right to equal recognition before the law. “Progressive realization” (art. 4, para. 2) does not apply to the provisions of article 12. Upon ratifying the Convention, States parties must immediately begin taking steps towards the realization of the rights provided for in article 12. Those steps must be deliberate, well-planned and include consultation with and meaningful participation of people with disabilities and their organizations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"},{"treaty":"ICCPR","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0031","docId":"crpd-c-gc-1","idx":31,"n":31,"text":"Recognition of legal capacity is inextricably linked to the enjoyment of many other human rights provided for in the Convention on the Rights of Persons with Disabilities, including, but not limited to, the right to access justice (art. 13); the right to be free from involuntary detention in a mental health facility and not to be forced to undergo mental health treatment (art. 14); the right to respect for one’s physical and mental integrity (art. 17); the right to liberty of movement and nationality (art. 18); the right to choose where and with whom to live (art. 19); the right to freedom of expression (art. 21); the right to marry and found a family (art. 23); the right to consent to medical treatment (art. 25); and the right to vote and stand for election (art. 29). Without recognition of the person as a person before the law, the ability to assert, exercise and enforce those rights, and many other rights provided for in the Convention, is significantly compromised.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"13","source":"regex"},{"treaty":"CRPD","article":"14","source":"regex"},{"treaty":"CRPD","article":"17","source":"regex"},{"treaty":"CRPD","article":"18","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"23","source":"regex"},{"treaty":"CRPD","article":"25","source":"regex"},{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-1-0032","docId":"crpd-c-gc-1","idx":32,"n":32,"text":"To achieve equal recognition before the law, legal capacity must not be denied discriminatorily. Article 5 of the Convention guarantees equality for all persons under and before the law and the right to equal protection of the law. It expressly prohibits all discrimination on the basis of disability. Discrimination on the basis of disability is defined in article 2 of the Convention as “any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms”. Denial of legal capacity having the purpose or effect of interfering with the right of persons with disabilities to equal recognition before the law is a violation of articles 5 and 12 of the Convention. States have the ability to restrict the legal capacity of a person based on certain circumstances, such as bankruptcy or criminal conviction. However, the right to equal recognition before the law and freedom from discrimination requires that when the State denies legal capacity, it must be on the same basis for all persons. Denial of legal capacity must not be based on a personal trait such as gender, race, or disability, or have the purpose or effect of treating the person differently.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 5: Equality and non-discrimination"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"2","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0033","docId":"crpd-c-gc-1","idx":33,"n":33,"text":"Freedom from discrimination in the recognition of legal capacity restores autonomy and respects the human dignity of the person in accordance with the principles enshrined in article 3 (a) of the Convention. Freedom to make one’s own choices most often requires legal capacity. Independence and autonomy include the power to have one’s decisions legally respected. The need for support and reasonable accommodation in making decisions shall not be used to question a person’s legal capacity. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity (art. 3 (d)) is incompatible with granting legal capacity on an assimilationist basis.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 5: Equality and non-discrimination"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-1-0034","docId":"crpd-c-gc-1","idx":34,"n":34,"text":"Non-discrimination includes the right to reasonable accommodation in the exercise of legal capacity (art. 5, para. 3). Reasonable accommodation is defined in article 2 of the Convention as “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”. The right to reasonable accommodation in the exercise of legal capacity is separate from, and complementary to, the right to support in the exercise of legal capacity. States parties are required to make any necessary modifications or adjustments to allow persons with disabilities to exercise their legal capacity, unless it is a disproportionate or undue burden. Such modifications or adjustments may include, but are not limited to, access to essential buildings such as courts, banks, social benefit offices and voting venues; accessible information regarding decisions which have legal effect; and personal assistance. The right to support in the exercise of legal capacity shall not be limited by the claim of disproportionate or undue burden. The State has an absolute obligation to provide access to support in the exercise of legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 5: Equality and non-discrimination"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"2","source":"regex"}]},{"id":"crpd-c-gc-1-0035","docId":"crpd-c-gc-1","idx":35,"n":35,"text":"Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women provides for women’s legal capacity on an equal basis with men, thereby acknowledging that recognition of legal capacity is integral to equal recognition before the law: “States parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals” (para. 2). This provision applies to all women, including women with disabilities. The Convention on the Rights of Persons with Disabilities recognizes that women with disabilities may be subject to multiple and intersectional forms of discrimination based on gender and disability. For example, women with disabilities are subjected to high rates of forced sterilization, and are often denied control of their reproductive health and decision-making, the assumption being that they are not capable of consenting to sex. Certain jurisdictions also have higher rates of imposing substitute decision-makers on women than on men. Therefore, it is particularly important to reaffirm that the legal capacity of women with disabilities should be recognized on an equal basis with others.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 6: Women with disabilities"],"citedArticles":[{"article":"15","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'Article 15 of the Convention on the Elimination of All Forms of Discrimination against Women provides for women's legal capacity'. regex_default_treaty=CRPD but clear textual override to CEDAW."}]},{"id":"crpd-c-gc-1-0036","docId":"crpd-c-gc-1","idx":36,"n":36,"text":"While article 12 of the Convention protects equality before the law for all persons, regardless of age, article 7 of the Convention recognizes the developing capacities of children and requires that “in all actions concerning children with disabilities, the best interests of the child … be a primary consideration” (para. 2) and that “their views [be] given due weight in accordance with their age and maturity” (para. 3). To comply with article 12, States parties must examine their laws to ensure that the will and preferences of children with disabilities are respected on an equal basis with other children.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 7: Children with disabilities"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"7","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0037","docId":"crpd-c-gc-1","idx":37,"n":37,"text":"The rights provided for in article 12 are closely tied to State obligations relating to accessibility (art. 9) because the right to equal recognition before the law is necessary to enable persons with disabilities to live independently and participate fully in all aspects of life. Article 9 requires the identification and elimination of barriers to facilities or services open or provided to the public. Lack of accessibility to information and communication and inaccessible services may constitute barriers to the realization of legal capacity for some persons with disabilities, in practice. Therefore, States parties must make all procedures for the exercise of legal capacity, and all information and communication pertaining to it, fully accessible. States parties must review their laws and practices to ensure that the right to legal capacity and accessibility are being realized.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 9: Accessibility"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-1-0038","docId":"crpd-c-gc-1","idx":38,"n":38,"text":"States parties have an obligation to ensure that persons with disabilities have access to justice on an equal basis with others. The recognition of the right to legal capacity is essential for access to justice in many respects. In order to seek enforcement of their rights and obligations on an equal basis with others, persons with disabilities must be recognized as persons before the law with equal standing in courts and tribunals. States parties must also ensure that persons with disabilities have access to legal representation on an equal basis with others. This has been identified as a problem in many jurisdictions and must be remedied, including by ensuring that persons who experience interference with their right to legal capacity have the opportunity to challenge such interference — on their own behalf or with legal representation — and to defend their rights in court. Persons with disabilities have often been excluded from key roles in the justice system as lawyers, judges, witnesses or members of a jury.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 13: Access to justice"]},{"id":"crpd-c-gc-1-0039","docId":"crpd-c-gc-1","idx":39,"n":39,"text":"Police officers, social workers and other first responders must be trained to recognize persons with disabilities as full persons before the law and to give the same weight to complaints and statements from persons with disabilities as they would to non-disabled persons. This entails training and awareness-raising in these important professions. Persons with disabilities must also be granted legal capacity to testify on an equal basis with others. Article 12 of the Convention guarantees support in the exercise of legal capacity, including the capacity to testify in judicial, administrative and other legal proceedings. Such support could take various forms, including recognition of diverse communication methods, allowing video testimony in certain situations, procedural accommodation, the provision of professional sign language interpretation and other assistive methods. The judiciary must also be trained and made aware of their obligation to respect the legal capacity of persons with disabilities, including legal agency and standing.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 13: Access to justice"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0040","docId":"crpd-c-gc-1","idx":40,"n":40,"text":"Respecting the right to legal capacity of persons with disabilities on an equal basis with others includes respecting the right of persons with disabilities to liberty and security of the person. The denial of the legal capacity of persons with disabilities and their detention in institutions against their will, either without their consent or with the consent of a substitute decision-maker, is an ongoing problem. This practice constitutes arbitrary deprivation of liberty and violates articles 12 and 14 of the Convention. States parties must refrain from such practices and establish a mechanism to review cases whereby persons with disabilities have been placed in a residential setting without their specific consent.","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Articles 14 and 25: Liberty, security and consent"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"14","source":"regex"}]},{"id":"crpd-c-gc-1-0041","docId":"crpd-c-gc-1","idx":41,"n":41,"text":"The right to enjoyment of the highest attainable standard of health (art. 25) includes the right to health care on the basis of free and informed consent. States parties have an obligation to require all health and medical professionals (including psychiatric professionals) to obtain the free and informed consent of persons with disabilities prior to any treatment. In conjunction with the right to legal capacity on an equal basis with others, States parties have an obligation not to permit substitute decision-makers to provide consent on behalf of persons with disabilities. All health and medical personnel should ensure appropriate consultation that directly engages the person with disabilities. They should also ensure, to the best of their ability, that assistants or support persons do not substitute or have undue influence over the decisions of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Articles 14 and 25: Liberty, security and consent"],"citedArticles":[{"treaty":"CRPD","article":"25","source":"regex"}]},{"id":"crpd-c-gc-1-0042","docId":"crpd-c-gc-1","idx":42,"n":42,"text":"As has been stated by the Committee in several concluding observations, forced treatment by psychiatric and other health and medical professionals is a violation of the right to equal recognition before the law and an infringement of the rights to personal integrity (art. 17); freedom from torture (art. 15); and freedom from violence, exploitation and abuse (art. 16). This practice denies the legal capacity of a person to choose medical treatment and is therefore a violation of article 12 of the Convention. States parties must, instead, respect the legal capacity of persons with disabilities to make decisions at all times, including in crisis situations; must ensure that accurate and accessible information is provided about service options and that non-medical approaches are made available; and must provide access to independent support. States parties have an obligation to provide access to support for decisions regarding psychiatric and other medical treatment. Forced treatment is a particular problem for persons with psychosocial, intellectual and other cognitive disabilities. States parties must abolish policies and legislative provisions that allow or perpetrate forced treatment, as it is an ongoing violation found in mental health laws across the globe, despite empirical evidence indicating its lack of effectiveness and the views of people using mental health systems who have experienced deep pain and trauma as a result of forced treatment. The Committee recommends that States parties ensure that decisions relating to a person’s physical or mental integrity can only be taken with the free and informed consent of the person concerned.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Articles 15, 16 and 17: Respect for personal integrity and freedom from torture, violence, exploitation and abuse"],"citedArticles":[{"treaty":"CRPD","article":"17","source":"regex"},{"treaty":"CRPD","article":"15","source":"regex"},{"treaty":"CRPD","article":"16","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0043","docId":"crpd-c-gc-1","idx":43,"n":43,"text":"Persons with disabilities have the right to a name and registration of their birth as part of the right to recognition everywhere as a person before the law (art. 18, para. 2). States parties must take the necessary measures to ensure that children with disabilities are registered at birth. This right is provided for in the Convention on the Rights of the Child (art. 7); however, children with disabilities are disproportionately likely not to be registered as compared with other children. This not only denies them citizenship, but often also denies them access to health care and education, and can even lead to their death. Since there is no official record of their existence, their death may occur with relative impunity.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 18: Nationality"],"citedArticles":[{"treaty":"CRC","article":"18","source":"regex"},{"treaty":"CRC","article":"7","source":"regex"}]},{"id":"crpd-c-gc-1-0044","docId":"crpd-c-gc-1","idx":44,"n":44,"text":"To fully realize the rights provided for in article 12, it is imperative that persons with disabilities have opportunities to develop and express their will and preferences, in order to exercise their legal capacity on an equal basis with others. This means that persons with disabilities must have the opportunity to live independently in the community and to make choices and to have control over their everyday lives, on an equal basis with others, as provided for in article 19.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 19: Living independently and being included in the community"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-1-0045","docId":"crpd-c-gc-1","idx":45,"n":45,"text":"Interpreting article 12, paragraph 3, in the light of the right to live in the community (art. 19) means that support in the exercise of legal capacity should be provided through a community-based approach. States parties must recognize that communities are assets and partners in the process of learning what types of support are needed in the exercise of legal capacity, including raising awareness about different support options. States parties must recognize the social networks and naturally occurring community support (including friends, family and schools) of persons with disabilities as key to supported decision-making. This is consistent with the Convention’s emphasis on the full inclusion and participation of persons with disabilities in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 19: Living independently and being included in the community"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-1-0046","docId":"crpd-c-gc-1","idx":46,"n":46,"text":"The segregation of persons with disabilities in institutions continues to be a pervasive and insidious problem that violates a number of the rights guaranteed under the Convention. The problem is exacerbated by the widespread denial of legal capacity to persons with disabilities, which allows others to consent to their placement in institutional settings. The directors of institutions are also commonly vested with the legal capacity of the persons residing therein. This places all power and control over the person in the hands of the institution. In order to comply with the Convention and respect the human rights of persons with disabilities, deinstitutionalization must be achieved and legal capacity must be restored to all persons with disabilities, who must be able to choose where and with whom to live (art. 19). A person’s choice of where and with whom to live should not affect his or her right to access support in the exercise of his or her legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 19: Living independently and being included in the community"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-1-0047","docId":"crpd-c-gc-1","idx":47,"n":47,"text":"Substitute decision-making regimes, in addition to being incompatible with article 12 of the Convention, also potentially violate the right to privacy of persons with disabilities, as substitute decision-makers usually gain access to a wide range of personal and other information regarding the person. In establishing supported decision-making systems, States parties must ensure that those providing support in the exercise of legal capacity fully respect the right to privacy of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 22: Privacy"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0048","docId":"crpd-c-gc-1","idx":48,"n":48,"text":"Denial or restriction of legal capacity has been used to deny political participation, especially the right to vote, to certain persons with disabilities. In order to fully realize the equal recognition of legal capacity in all aspects of life, it is important to recognize the legal capacity of persons with disabilities in public and political life (art. 29). This means that a person’s decision-making ability cannot be a justification for any exclusion of persons with disabilities from exercising their political rights, including the right to vote, the right to stand for election and the right to serve as a member of a jury.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 29: Political participation"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-1-0049","docId":"crpd-c-gc-1","idx":49,"n":49,"text":"States parties have an obligation to protect and promote the right of persons with disabilities to access the support of their choice in voting by secret ballot, and to participate in all elections and referendums without discrimination. The Committee further recommends that States parties guarantee the right of persons with disabilities to stand for election, to hold office effectively and to perform all public functions at all levels of government, with reasonable accommodation and support, where desired, in the exercise of their legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other provisions of the Convention","Article 29: Political participation"]},{"id":"crpd-c-gc-1-0050","docId":"crpd-c-gc-1","idx":50,"n":50,"text":"50. In the light of the normative content and obligations outlined above, States parties should take the following steps to ensure the full implementation of article 12 of the Convention on the Rights of Persons with Disabilities: (a) Recognize persons with disabilities as persons before the law, having legal personality and legal capacity in all aspects of life, on an equal basis with others. This requires the abolition of substitute decision-making regimes and mechanisms that deny legal capacity and which discriminate in purpose or effect against persons with disabilities. It is recommended that States parties create statutory language protecting the right to legal capacity on an equal basis for all; (b) Establish, recognize and provide persons with disabilities with access to a broad range of support in the exercise of their legal capacity. Safeguards for such support must be premised on respect for the rights, will and preferences of persons with disabilities. The support should meet the criteria set out in paragraph 29 above on the obligations of States parties to comply with article 12, paragraph 3, of the Convention; (c) Closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations, in the development and implementation of legislation, policies and other decision-making processes that give effect to article 12.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-1-0051","docId":"crpd-c-gc-1","idx":51,"n":51,"text":"The Committee encourages States parties to undertake or devote resources to the research and development of best practices respecting the right to equal recognition of the legal capacity of persons with disabilities and support in the exercise of legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-1-0052","docId":"crpd-c-gc-1","idx":52,"n":52,"text":"States parties are encouraged to develop effective mechanisms to combat both formal and informal substitute decision-making. To this end, the Committee urges States parties to ensure that persons with disabilities have the opportunity to make meaningful choices in their lives and develop their personalities, to support the exercise of their legal capacity. This includes, but is not limited to, opportunities to build social networks; opportunities to work and earn a living on an equal basis with others; multiple choices for place of residence in the community; and inclusion in education at all levels.","labels":["Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-2-0001","docId":"crpd-c-gc-2","idx":1,"n":1,"text":"Accessibility is a precondition for persons with disabilities to live independently and participate fully and equally in society. Without access to the physical environment, to transportation, to information and communication, including information and communications technologies and systems, and to other facilities and services open or provided to the public, persons with disabilities would not have equal opportunities for participation in their respective societies. It is no coincidence that accessibility is one of the principles on which the Convention on the Rights of Persons with Disabilities is based (art. 3 (f)). Historically, the persons with disabilities movement has argued that access to the physical environment and public transport for persons with disabilities is a precondition for freedom of movement, as guaranteed under article 13 of the Universal Declaration of Human Rights and article 12 of the International Covenant on Civil and Political Rights. Similarly, access to information and communication is seen as a precondition for freedom of opinion and expression, as guaranteed under article 19 of the Universal Declaration of Human Rights and article 19, paragraph 2, of the International Covenant on Civil and Political Rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"article":"3","paragraph":"f","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly cites 'the Convention on the Rights of Persons with Disabilities … (art. 3 (f))'."},{"article":"13","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 13 to the Universal Declaration of Human Rights, a non-binding instrument."},{"article":"12","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 12 of the International Covenant on Civil and Political Rights'."},{"article":"19","treaty":"?","confidence":"high","source":"opus","rationale":"First art. 19 instance: text expressly attributes it to the Universal Declaration of Human Rights."},{"article":"19","paragraph":"2","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Second art. 19 instance: text expressly cites 'article 19, paragraph 2, of the International Covenant on Civil and Political Rights'."}]},{"id":"crpd-c-gc-2-0002","docId":"crpd-c-gc-2","idx":2,"n":2,"text":"Article 25 (c) of the International Covenant on Civil and Political Rights enshrines the right of every citizen to have access, on general terms of equality, to public service in his or her country. The provisions of this article could serve as a basis to incorporate the right of access into the core human rights treaties.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICCPR","article":"25","source":"regex"}]},{"id":"crpd-c-gc-2-0003","docId":"crpd-c-gc-2","idx":3,"n":3,"text":"The International Convention on the Elimination of All Forms of Racial Discrimination guarantees everyone the right of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafes, theatres and parks (art. 5 (f)). Thus, a precedent has been established in the international human rights legal framework for viewing the right to access as a right per se. Admittedly, for members of different racial or ethnic groups, the barriers to free access to places and services open to the public were the result of prejudicial attitudes and a readiness to use force in preventing access to spaces that were physically accessible. However, persons with disabilities face technical and environmental — in most cases, human-built environmental — barriers such as steps at the entrances of buildings, the absence of lifts in multi-floor buildings and a lack of information in accessible formats. The built environment always relates to social and cultural development as well as customs; therefore the built environment is under the full control of society. Such artificial barriers are often the result of a lack of information and technical know-how rather than a conscious will to prevent persons with disabilities from accessing places or services intended for use by the general public. In order to introduce policies that allow better accessibility for persons with disabilities, it is necessary to change attitudes towards persons with disabilities in order to fight against stigma and discrimination, through ongoing education efforts, awareness-raising, cultural campaigns and communication.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-2-0004","docId":"crpd-c-gc-2","idx":4,"n":4,"text":"The International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination clearly establish the right of access as part of international human rights law. Accessibility should be viewed as a disability-specific reaffirmation of the social aspect of the right of access. The Convention on the Rights of Persons with Disabilities includes accessibility as one of its key underlying principles — a vital precondition for the effective and equal enjoyment of civil, political, economic, social and cultural rights by persons with disabilities. Accessibility should be viewed not only in the context of equality and non-discrimination, but also as a way of investing in society and as an integral part of the sustainable development agenda.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0005","docId":"crpd-c-gc-2","idx":5,"n":5,"text":"While different people and organizations understand differently what information and communications technology (ICT) means, it is generally acknowledged that ICT is an umbrella term that includes any information and communication device or application and its content. Such a definition encompasses a wide range of access technologies, such as radio, television, satellite, mobile phones, fixed lines, computers, network hardware and software. The importance of ICT lies in its ability to open up a wide range of services, transform existing services and create greater demand for access to information and knowledge, particularly in underserved and excluded populations, such as persons with disabilities. Article 12 of the International Telecommunication Regulations (adopted in Dubai in 2012) enshrines the right for persons with disabilities to access international telecommunication services, taking into account the relevant International Telecommunication Union (ITU) recommendations. The provisions of that article could serve as a basis for reinforcing States parties’ national legislative frameworks.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-2-0006","docId":"crpd-c-gc-2","idx":6,"n":6,"text":"In its general comment No. 5 (1994) on persons with disabilities, the Committee on Economic, Social and Cultural Rights evoked the duty of States to implement the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities.[[fn:1]] The Standard Rules highlight the significance of the accessibility of the physical environment, transport, information and communication for the equalization of opportunities for persons with disabilities. The concept is developed in rule 5, in which access to the physical environment, and access to information and communication are targeted as areas for priority action for States. The significance of accessibility can be derived also from general comment No. 14 (2000) of the Committee on Economic, Social and Cultural Rights on the right to the highest attainable standard of health (para. 12). In its general comment No. 9 (2006) on the rights of children with disabilities, the Committee on the Rights of the Child emphasizes that the physical inaccessibility of public transportation and other facilities, including governmental buildings, shopping areas and recreational facilities, is a major factor in the marginalization and exclusion of children with disabilities and markedly compromises their access to services, including health and education (para. 39). The importance of accessibility was reiterated by the Committee on the Rights of the Child in its general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"footnotes":[{"n":1,"text":"General Assembly resolution 48/96, annex."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0007","docId":"crpd-c-gc-2","idx":7,"n":7,"text":"The World Report on Disability Summary, published in 2011 by the World Health Organization and the World Bank within the framework of the largest consultation ever and with the active involvement of hundreds of professionals in the field of disability, stresses that the built environment, transport systems and information and communication are often inaccessible to persons with disabilities (p. 10). Persons with disabilities are prevented from enjoying some of their basic rights, such as the right to seek employment or the right to health care, owing to a lack of accessible transport. The level of implementation of accessibility laws remains low in many countries and persons with disabilities are often denied their right to freedom of expression owing to the inaccessibility of information and communication. Even in countries where sign language interpretation services exist for deaf persons, the number of qualified interpreters is usually too low to meet the increasing demand for their services, and the fact that the interpreters have to travel individually to clients makes the use of their services too expensive. Persons with intellectual and psychosocial disabilities as well as deaf-blind persons face barriers when attempting to access information and communication owing to a lack of easy-to-read formats and augmentative and alternative modes of communication. They also face barriers when attempting to access services due to prejudices and a lack of adequate training of the staff providing those services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0008","docId":"crpd-c-gc-2","idx":8,"n":8,"text":"The report, Making Television Accessible, published in 2011 by the International Telecommunication Union in cooperation with the Global Initiative for Inclusive Information and Communication Technologies, highlights that a significant proportion of the one billion people who live with some form of disability are unable to enjoy the audiovisual content of television. This is due to the inaccessibility of content, information and/or devices necessary for them to access those services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0009","docId":"crpd-c-gc-2","idx":9,"n":9,"text":"Accessibility was recognized by the mainstream ICT community since the first phase of the World Summit on Information Society, held in Geneva in 2003. Introduced and driven by the disability community, the concept was incorporated in the Declaration of Principles adopted by the Summit, which in paragraph 25 state, “the sharing and strengthening of global knowledge for development can be enhanced by removing barriers to equitable access to information for economic, social, political, health, cultural, educational, and scientific activities and by facilitating access to public domain information, including by universal design and the use of assistive technologies”.[[fn:2]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"footnotes":[{"n":2,"text":"See “Declaration of Principles: Building the Information Society: a global challenge in the new Millennium”, adopted by the World Summit on the Information Society at its first phase, held in Geneva in 2003 (WSIS-03/GENEVA/DOC/4-E), para. 25."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0010","docId":"crpd-c-gc-2","idx":10,"n":10,"text":"The Committee on the Rights of Persons with Disabilities has considered accessibility as one of the key issues in each of the 10 interactive dialogues it has held with States parties during the consideration of their initial reports, prior to the drafting of the present general comment. The concluding observations on those reports all contain recommendations concerning accessibility. One common challenge has been the lack of an adequate monitoring mechanism to ensure the practical implementation of accessibility standards and relevant legislation. In some States parties, monitoring was the responsibility of local authorities that lacked the technical knowledge and the human and material resources to ensure effective implementation. Another common challenge has been the lack of training provided to the relevant stakeholders and insufficient involvement of persons with disabilities and their representative organizations in the process of ensuring access to the physical environment, transport, information and communication.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"]},{"id":"crpd-c-gc-2-0011","docId":"crpd-c-gc-2","idx":11,"n":11,"text":"The Committee on the Rights of Persons with Disabilities has also addressed the issue of accessibility in its jurisprudence. In the case of Nyusti and Takács v. Hungary (communication No. 1/2010, Views adopted on 16 April 2013), the Committee was of the view that all services open or provided to the public must be accessible in accordance with the provisions of article 9 of the Convention on the Rights of Persons with Disabilities. The State party was called upon to ensure that blind persons had access to automatic teller machines (ATMs). The Committee recommended, inter alia, that the State party establish “minimum standards for the accessibility of banking services provided by private financial institutions for persons with visual and other types of impairments; … create a legislative framework with concrete, enforceable and time-bound benchmarks for monitoring and assessing the gradual modification and adjustment by private financial institutions of previously inaccessible banking services provided by them into accessible ones; … and ensure that all newly procured ATMs and other banking services are fully accessible for persons with disabilities” (para. 10.2 (a)).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0012","docId":"crpd-c-gc-2","idx":12,"n":12,"text":"Given these precedents and the fact that accessibility is indeed a vital precondition for persons with disabilities to participate fully and equally in society and enjoy effectively all their human rights and fundamental freedoms, the Committee finds it necessary to adopt a general comment on article 9 of the Convention on accessibility, in accordance with its rules of procedure and the established practice of the human rights treaty bodies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0013","docId":"crpd-c-gc-2","idx":13,"n":13,"text":"Article 9 of the Convention on the Rights of Persons with Disabilities stipulates that, “to enable persons with disabilities to live independently and participate fully in all aspects of life, States parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communication, including information and communication technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas”. It is important that accessibility is addressed in all its complexity, encompassing the physical environment, transportation, information and communication, and services. The focus is no longer on legal personality and the public or private nature of those who own buildings, transport infrastructure, vehicles, information and communication, and services. As long as goods, products and services are open or provided to the public, they must be accessible to all, regardless of whether they are owned and/or provided by a public authority or a private enterprise. Persons with disabilities should have equal access to all goods, products and services that are open or provided to the public in a manner that ensures their effective and equal access and respects their dignity. This approach stems from the prohibition against discrimination; denial of access should be considered to constitute a discriminatory act, regardless of whether the perpetrator is a public or private entity. Accessibility should be provided to all persons with disabilities, regardless of the type of impairment, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, legal or social status, gender or age. Accessibility should especially take into account the gender and age perspectives for persons with disabilities.","labels":["Women/girls","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0014","docId":"crpd-c-gc-2","idx":14,"n":14,"text":"Article 9 of the Convention clearly enshrines accessibility as the precondition for persons with disabilities to live independently, participate fully and equally in society, and have unrestricted enjoyment of all their human rights and fundamental freedoms on an equal basis with others. Article 9 has roots in existing human rights treaties, such as article 25 (c) of the International Covenant on Civil and Political Rights on the right to equal access to public service, and article 5 (f) of the International Convention on the Elimination of All Forms of Racial Discrimination on the right of access to any place or service intended for public use. When those two core human rights treaties were adopted, the Internet, which has changed the world dramatically, did not exist. The Convention on the Rights of Persons with Disabilities is the first human rights treaty of the 21st century to address access to ICTs; and it does not create new rights in that regard for persons with disabilities. Furthermore, the notion of equality in international law has also changed over the past decades, with the conceptual shift from formal equality to substantive equality having an impact on the duties of States parties. States’ obligation to provide accessibility is an essential part of the new duty to respect, protect and fulfil equality rights. Accessibility should therefore be considered in the context of the right to access from the specific perspective of disability. The right to access for persons with disabilities is ensured through strict implementation of accessibility standards. Barriers to access to existing objects, facilities, goods and services aimed at or open to the public shall be removed gradually in a systematic and, more importantly, continuously monitored manner, with the aim of achieving full accessibility.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"article":"9","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text says 'Article 9 of the Convention clearly enshrines accessibility' — 'the Convention' in this CRPD document is CRPD; confirmed by regex_default_treaty=CRPD."},{"article":"9","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Second occurrence: 'Article 9 has roots in existing human rights treaties' reaffirming the CRPD article 9 subject. regex_default_treaty=CRPD."},{"article":"25","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 25 (c) of the International Covenant on Civil and Political Rights on the right to equal access to public service'."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 5 (f) of the International Convention on the Elimination of All Forms of Racial Discrimination on the right of access to any place or service intended for public use'."}]},{"id":"crpd-c-gc-2-0015","docId":"crpd-c-gc-2","idx":15,"n":15,"text":"The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. It should contribute to the creation of an unrestricted chain of movement for an individual from one space to another, including movement inside particular spaces, with no barriers. Persons with disabilities and other users should be able to move in barrier-free streets, enter accessible low-floor vehicles, access information and communication, and enter and move inside universally designed buildings, using technical aids and live assistance where necessary. The application of universal design does not automatically eliminate the need for technical aids. Its application to a building from the initial design stage helps to make construction much less costly: making a building accessible from the outset might not increase the total cost of construction at all in many cases, or only minimally in some cases. On the other hand, the cost of subsequent adaptations in order to make a building accessible may be considerable in some cases, especially with regard to certain historical buildings. While the initial application of universal design is more economical, the potential cost of subsequent removal of barriers may not be used as an excuse to avoid the obligation to remove barriers to accessibility gradually. Accessibility of information and communication, including ICT, should also be achieved from the outset because subsequent adaptations to the Internet and ICT may increase costs. It is therefore more economical to incorporate mandatory ICT accessibility features from the earliest stages of design and production.","labels":["Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"]},{"id":"crpd-c-gc-2-0016","docId":"crpd-c-gc-2","idx":16,"n":16,"text":"The application of universal design makes society accessible for all human beings, not only persons with disabilities. It is also significant that article 9 explicitly imposes on States parties the duty to ensure accessibility in both urban and rural areas. Evidence has shown that accessibility is usually better in bigger cities than in remote, less developed rural areas, although extensive urbanization can sometimes also create additional new barriers that prevent access for persons with disabilities, in particular to the built environment, transport and services, as well as more sophisticated information and communication services in heavily populated, bustling urban areas. In both urban and rural areas, access should be available for persons with disabilities to the natural and heritage parts of the physical environment that the public can enter and enjoy.","labels":["Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0017","docId":"crpd-c-gc-2","idx":17,"n":17,"text":"17. Article 9, paragraph 1, requires States parties to identify and eliminate obstacles and barriers to accessibility to, inter alia: Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces; Information, communications and other services, including electronic services and emergency services.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0018","docId":"crpd-c-gc-2","idx":18,"n":18,"text":"Article 9, paragraph 2, stipulates the measures States parties must take in order to develop, promulgate and monitor the implementation of minimum national standards for the accessibility of facilities and services open or provided to the public. Those standards shall be in accordance with the standards of other States parties in order to ensure interoperability with regard to free movement within the framework of liberty of movement and nationality (art. 18) of persons with disabilities. States parties are also required to take measures to ensure that private entities that offer facilities and services that are open or provided to the public take into account all aspects of accessibility for persons with disabilities (art. 9, para. 2 (b)).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"18","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0019","docId":"crpd-c-gc-2","idx":19,"n":19,"text":"Since a lack of accessibility is often the result of insufficient awareness and technical know-how, article 9 requires that States parties provide training to all stakeholders on accessibility for persons with disabilities (para. 2 (c)). Article 9 does not attempt to enumerate the relevant stakeholders; any exhaustive list should include the authorities that issue building permits, broadcasting boards and ICT licences, engineers, designers, architects, urban planners, transport authorities, service providers, members of the academic community and persons with disabilities and their organizations. Training should be provided not only to those designing goods, services and products, but also to those who actually produce them. In addition, strengthening the direct involvement of persons with disabilities in product development would improve the understanding of existing needs and the effectiveness of accessibility tests. Ultimately, it is the builders on the construction site who make a building accessible or not. It is important to put in place training and monitoring systems for all these groups in order to ensure the practical application of accessibility standards.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0020","docId":"crpd-c-gc-2","idx":20,"n":20,"text":"Movement and orientation in buildings and other places open to the public can be a challenge for some persons with disabilities if there is no adequate signage, accessible information and communication or support services. Article 9, paragraph 2 (d) and (e), therefore provides that buildings and other places open to the public should have signage in Braille and in easy-to-read and understand forms, and that live assistance and intermediaries, including guides, readers and professional sign-language interpreters should be provided to facilitate accessibility. Without such signage, accessible information and communication and support services, orientation and movement in and through buildings may become impossible for many persons with disabilities, especially those experiencing cognitive fatigue.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0021","docId":"crpd-c-gc-2","idx":21,"n":21,"text":"Without access to information and communication, enjoyment of freedom of thought and expression and many other basic rights and freedoms for persons with disabilities may be seriously undermined and restricted. Article 9, paragraph 2 (f) to (g), of the Convention therefore provide that States parties should promote live assistance and intermediaries, including guides, readers and professional sign language interpreters (para. 2 (e)), promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information, and promote access for persons with disabilities to new information and communications technologies and systems, including the Internet, through the application of mandatory accessibility standards. Information and communication should be available in easy-to-read formats and augmentative and alternative modes and methods to persons with disabilities who use such formats, modes and methods.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0022","docId":"crpd-c-gc-2","idx":22,"n":22,"text":"New technologies can be used to promote the full and equal participation of persons with disabilities in society, but only if they are designed and produced in a way that ensures their accessibility. New investments, research and production should contribute to eliminating inequality, not creating new barriers. Article 9, paragraph 2 (h), therefore calls on States parties to promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost. The use of hearing enhancement systems, including ambient assistive systems to assist hearing aid and induction loop users, and passenger lifts pre-equipped to allow use by persons with disabilities during emergency building evacuations constitute just some of the examples of technological advancements in the service of accessibility.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0023","docId":"crpd-c-gc-2","idx":23,"n":23,"text":"Since accessibility is a precondition for persons with disabilities to live independently, as provided for in article 19 of the Convention, and to participate fully and equally in society, denial of access to the physical environment, transportation, information and communication technologies, and facilities and services open to the public should be viewed in the context of discrimination. Taking “all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities” (art. 4, para. 1 (b)) constitutes the main general obligation for all States parties. “States parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds” (art. 5, para. 2). “In order to promote equality and eliminate discrimination, States parties shall take all appropriate steps to ensure that reasonable accommodation is provided” (art. 5, para. 3).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-2-0024","docId":"crpd-c-gc-2","idx":24,"n":24,"text":"A clear distinction should be drawn between the obligation to ensure access to all newly designed, built or produced objects, infrastructure, goods, products and services and the obligation to remove barriers and ensure access to the existing physical environment and existing transportation, information and communication, and services open to the general public. Another of the States parties’ general obligations is to “undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines” (art. 4, para. 1 (f)). All new objects, infrastructure, facilities, goods, products and services have to be designed in a way that makes them fully accessible for persons with disabilities, in accordance with the principles of universal design. States parties are obliged to ensure that persons with disabilities have access to the existing physical environment, transportation, information and communication and services open to the general public. However, as this obligation is to be implemented gradually, States parties should establish definite time frames and allocate adequate resources for the removal of existing barriers. Furthermore, States parties should clearly prescribe the duties of the different authorities (including regional and local authorities) and entities (including private entities) that should be carried out in order to ensure accessibility. States parties should also prescribe effective monitoring mechanisms to ensure accessibility and monitor sanctions against anyone who fails to implement accessibility standards.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"2","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crpd-c-gc-2-0025","docId":"crpd-c-gc-2","idx":25,"n":25,"text":"Accessibility is related to groups, whereas reasonable accommodation is related to individuals. This means that the duty to provide accessibility is an ex ante duty. States parties therefore have the duty to provide accessibility before receiving an individual request to enter or use a place or service. States parties need to set accessibility standards, which must be adopted in consultation with organizations of persons with disabilities, and they need to be specified for service-providers, builders and other relevant stakeholders. Accessibility standards must be broad and standardized. In the case of individuals who have rare impairments that were not taken into account when the accessibility standards were developed or who do not use the modes, methods or means offered to achieve accessibility (not reading Braille, for example), even the application of accessibility standards may not be sufficient to ensure them access. In such cases, reasonable accommodation may apply. In accordance with the Convention, States parties are not allowed to use austerity measures as an excuse to avoid ensuring gradual accessibility for persons with disabilities. The obligation to implement accessibility is unconditional, i.e. the entity obliged to provide accessibility may not excuse the omission to do so by referring to the burden of providing access for persons with disabilities. The duty of reasonable accommodation, contrarily, exists only if implementation constitutes no undue burden on the entity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"]},{"id":"crpd-c-gc-2-0026","docId":"crpd-c-gc-2","idx":26,"n":26,"text":"The duty to provide reasonable accommodation is an ex nunc duty, which means that it is enforceable from the moment an individual with an impairment needs it in a given situation, for example, workplace or school, in order to enjoy her or his rights on an equal basis in a particular context. Here, accessibility standards can be an indicator, but may not be taken as prescriptive. Reasonable accommodation can be used as a means of ensuring accessibility for an individual with a disability in a particular situation. Reasonable accommodation seeks to achieve individual justice in the sense that non-discrimination or equality is assured, taking the dignity, autonomy and choices of the individual into account. Thus, a person with a rare impairment might ask for accommodation that falls outside the scope of any accessibility standard.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["II. Normative content"]},{"id":"crpd-c-gc-2-0027","docId":"crpd-c-gc-2","idx":27,"n":27,"text":"Even though ensuring access to the physical environment, transportation, information and communication, and services open to the public is often a precondition for the effective enjoyment of various civil and political rights by persons with disabilities, States parties can ensure that access is achieved through gradual implementation when necessary as well as through the use of international cooperation. An analysis of the situation to identify the obstacles and barriers that need to be removed can be carried out in an efficient manner and within a short- to mid-term framework. Barriers should be removed in a continuous and systematic way, gradually yet steadily.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-2-0028","docId":"crpd-c-gc-2","idx":28,"n":28,"text":"States parties are obliged to adopt, promulgate and monitor national accessibility standards. If no relevant legislation is in place, adopting a suitable legal framework is the first step. States parties should undertake a comprehensive review of the laws on accessibility in order to identify, monitor and address gaps in legislation and implementation. Disability laws often fail to include ICT in their definition of accessibility, and disability rights laws concerned with non-discriminatory access in areas such as procurement, employment and education often fail to include access to ICT and the many goods and services central to modern society that are offered through ICT. It is important that the review and adoption of these laws and regulations are carried out in close consultation with persons with disabilities and their representative organizations (art. 4, para. 3), as well as all other relevant stakeholders, including members of the academic community and expert associations of architects, urban planners, engineers and designers. Legislation should incorporate and be based on the principle of universal design, as required by the Convention (art. 4, para. 1 (f)). It should provide for the mandatory application of accessibility standards and for sanctions, including fines, for those who fail to apply them.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crpd-c-gc-2-0029","docId":"crpd-c-gc-2","idx":29,"n":29,"text":"It is helpful to mainstream accessibility standards that prescribe various areas that have to be accessible, such as the physical environment in laws on construction and planning, transportation in laws on public aerial, railway, road and water transport, information and communication, and services open to the public. However, accessibility should be encompassed in general and specific laws on equal opportunities, equality and participation in the context of the prohibition of disability-based discrimination. Denial of access should be clearly defined as a prohibited act of discrimination. Persons with disabilities who have been denied access to the physical environment, transportation, information and communication, or services open to the public should have effective legal remedies at their disposal. When defining accessibility standards, States parties have to take into account the diversity of persons with disabilities and ensure that accessibility is provided to persons of any gender and of all ages and types of disability. Part of the task of encompassing the diversity of persons with disabilities in the provision of accessibility is recognizing that some persons with disabilities need human or animal assistance in order to enjoy full accessibility (such as personal assistance, sign language interpretation, tactile sign language interpretation or guide dogs). It must be stipulated, for example, that banning guide dogs from entering a particular building or open space would constitute a prohibited act of disability-based discrimination.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-2-0030","docId":"crpd-c-gc-2","idx":30,"n":30,"text":"It is necessary to establish minimum standards for the accessibility of different services provided by public and private enterprises for persons with different types of impairments. Reference tools such as the ITU-T recommendation Telecommunications Accessibility Checklist for standardization activities (2006) and the Telecommunications accessibility guidelines for older persons and persons with disabilities (ITU-T recommendation F.790) should be mainstreamed whenever a new ICT-related standard is developed. That would allow the generalization of universal design in the development of standards. States parties should establish a legislative framework with specific, enforceable, time-bound benchmarks for monitoring and assessing the gradual modification and adjustment by private entities of their previously inaccessible services into accessible ones. States parties should also ensure that all newly procured goods and services are fully accessible for persons with disabilities. Minimum standards must be developed in close consultation with persons with disabilities and their representative organizations, in accordance with article 4, paragraph 3, of the Convention. The standards can also be developed in collaboration with other States parties and international organizations and agencies through international cooperation, in accordance with article 32 of the Convention. States parties are encouraged to join ITU study groups in the radiocommunication, standardization and development sectors of the Union, which actively work at mainstreaming accessibility in the development of international telecommunications and ICT standards and at raising industry’s and governments’ awareness of the need to increase access to ICT for persons with disabilities. Such cooperation can be useful in developing and promoting international standards that contribute to the interoperability of goods and services. In the field of communication-related services, States parties must ensure at least a minimum quality of services, especially for the relatively new types of services, such as personal assistance, sign language interpretation and tactile signing, aiming at their standardization.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","source":"regex"},{"treaty":"CRPD","article":"32","source":"regex"}]},{"id":"crpd-c-gc-2-0031","docId":"crpd-c-gc-2","idx":31,"n":31,"text":"31. When reviewing their accessibility legislation, States parties must consider and, where necessary, amend their laws to prohibit discrimination on the basis of disability. As a minimum, the following situations in which lack of accessibility has prevented a person with disabilities from accessing a service or facility open to the public should be considered as prohibited acts of disability-based discrimination: (a) Where the service or facility was established after relevant accessibility standards were introduced; (b) Where access could have been granted to the facility or service (when it came into existence) through reasonable accommodation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-2-0032","docId":"crpd-c-gc-2","idx":32,"n":32,"text":"As part of their review of accessibility legislation, States parties must also consider their laws on public procurement to ensure that their public procurement procedures incorporate accessibility requirements. It is unacceptable to use public funds to create or perpetuate the inequality that inevitably results from inaccessible services and facilities. Public procurements should be used to implement affirmative action in line with the provisions of article 5, paragraph 4, of the Convention in order to ensure accessibility and de facto equality for persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-2-0033","docId":"crpd-c-gc-2","idx":33,"n":33,"text":"States parties should adopt action plans and strategies to identify existing barriers to accessibility, set time frames with specific deadlines and provide both the human and material resources necessary to remove the barriers. Once adopted, such action plans and strategies should be strictly implemented. States parties should also strengthen their monitoring mechanisms in order to ensure accessibility and they should continue providing sufficient funds to remove barriers to accessibility and train monitoring staff. As accessibility standards are often implemented locally, continuous capacity-building of the local authorities responsible for monitoring implementation of the standards is of paramount importance. States parties are under an obligation to develop an effective monitoring framework and set up efficient monitoring bodies with adequate capacity and appropriate mandates to make sure that plans, strategies and standardization are implemented and enforced.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-2-0034","docId":"crpd-c-gc-2","idx":34,"n":34,"text":"The duty of States parties to ensure access to the physical environment, transportation, information and communication, and services open to the public for persons with disabilities should be seen from the perspective of equality and non-discrimination. Denial of access to the physical environment, transportation, information and communication, and services open to the public constitutes an act of disability-based discrimination that is prohibited by article 5 of the Convention. Ensuring accessibility pro futuro should be viewed in the context of implementing the general obligation to develop universally designed goods, services, equipment and facilities (art. 4, para. 1 (f)).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crpd-c-gc-2-0035","docId":"crpd-c-gc-2","idx":35,"n":35,"text":"Awareness-raising is one of the preconditions for the effective implementation of the Convention on the Rights of Persons with Disabilities. Since accessibility is often viewed narrowly, as accessibility to the built environment (which is significant, but only one aspect of access for persons with disabilities), States parties should strive systematically and continuously to raise awareness about accessibility among all relevant stakeholders. The all-encompassing nature of accessibility should be addressed, providing for access to the physical environment, transportation, information and communication, and services. Awareness-raising should also stress that the duty to observe accessibility standards applies equally to the public and to the private sector. It should promote the application of universal design and the idea that designing and building in an accessible way from the earliest stages is cost-effective and economical. Awareness-raising should be carried out in cooperation with persons with disabilities, their representative organizations and technical experts. Special attention should be paid to capacity-building for the application and monitoring of the implementation of accessibility standards. The media should not only take into account the accessibility of their own programmes and services for persons with disabilities, but should also take an active role in promoting accessibility and contributing to awareness-raising.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"]},{"id":"crpd-c-gc-2-0036","docId":"crpd-c-gc-2","idx":36,"n":36,"text":"Ensuring full access to the physical environment, transportation, information and communication, and services open to the public is indeed a vital precondition for the effective enjoyment of many rights covered by the Convention. In situations of risk, natural disasters and armed conflict, the emergency services must be accessible to persons with disabilities, or their lives cannot be saved or their well-being protected (art. 11). Accessibility must be incorporated as a priority in post-disaster reconstruction efforts. Therefore, disaster risk reduction must be accessible and disability-inclusive.","labels":["Persons with disabilities","Persons affected by armed conflict","Persons affected by natural disasters"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"11","source":"regex"}]},{"id":"crpd-c-gc-2-0037","docId":"crpd-c-gc-2","idx":37,"n":37,"text":"There can be no effective access to justice if the buildings in which law-enforcement agencies and the judiciary are located are not physically accessible, or if the services, information and communication they provide are not accessible to persons with disabilities (art. 13). Safe houses, support services and procedures must all be accessible in order to provide effective and meaningful protection from violence, abuse and exploitation to persons with disabilities, especially women and children (art. 16). Accessible environment, transportation, information and communication, and services are a precondition for the inclusion of persons with disabilities in their respective local communities and for them to have an independent life (art. 19).","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"13","source":"regex"},{"treaty":"CRPD","article":"16","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-2-0038","docId":"crpd-c-gc-2","idx":38,"n":38,"text":"Articles 9 and 21 intersect on the issue of information and communication. Article 21 provides that States parties “shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice”. It goes on to describe in detail how the accessibility of information and communication can be ensured in practice. It requires that States parties “provide information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities” (art. 21 (a)). Furthermore, it provides for “facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions” (art. 21 (b)). Private entities that provide services to the general public, including through the Internet, are urged to provide information and services in accessible and usable formats for persons with disabilities (art. 21 (c)) and the mass media, including providers of information through the Internet, are encouraged to make their services accessible to persons with disabilities (art. 21 (d)). Article 21 also requires States parties to recognize and promote the use of sign languages, in accordance with articles 24, 27, 29 and 30 of the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"21","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"27","source":"regex"},{"treaty":"CRPD","article":"29","source":"regex"},{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-2-0039","docId":"crpd-c-gc-2","idx":39,"n":39,"text":"Without accessible transport to schools, accessible school buildings, and accessible information and communication, persons with disabilities would not have the opportunity to exercise their right to education (art. 24 of the Convention). Thus schools have to be accessible, as is explicitly indicated in article 9, paragraph 1 (a), of the Convention. However, it is the entire process of inclusive education that must be accessible, not just buildings, but all information and communication, including ambient or FM assistive systems, support services and reasonable accommodation in schools. In order to foster accessibility, education as well as the content of school curricula should promote and be conducted in sign language, Braille, alternative script, and augmentative and alternative modes, means and formats of communication and orientation (art. 24, para. 3 (a)), with special attention to the appropriate languages and modes and means of communication used by blind, deaf and deaf-blind students. Modes and means of teaching should be accessible and should be conducted in accessible environments. The whole environment of students with disabilities must be designed in a way that fosters inclusion and guarantees their equality in the entire process of their education. Full implementation of article 24 of the Convention should be considered in conjunction with the other core human rights instruments as well as the provisions of the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-2-0040","docId":"crpd-c-gc-2","idx":40,"n":40,"text":"Health care and social protection would remain unattainable for persons with disabilities without access to the premises where those services are provided. Even if the buildings where the health-care and social protection services are provided are themselves accessible, without accessible transportation, persons with disabilities are unable to travel to the places where the services are being provided. All information and communication pertaining to the provision of health care should be accessible through sign language, Braille, accessible electronic formats, alternative script, and augmentative and alternative modes, means and formats of communication. It is especially important to take into account the gender dimension of accessibility when providing health care, particularly reproductive health care for women and girls with disabilities, including gynaecological and obstetric services.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"]},{"id":"crpd-c-gc-2-0041","docId":"crpd-c-gc-2","idx":41,"n":41,"text":"Persons with disabilities cannot effectively enjoy their work and employment rights, as described in article 27 of the Convention, if the workplace itself is not accessible. Workplaces therefore have to be accessible, as is explicitly indicated in article 9, paragraph 1 (a). A refusal to adapt the workplace constitutes a prohibited act of disability-based discrimination. Besides the physical accessibility of the workplace, persons with disabilities need accessible transport and support services to get to their workplaces. All information pertaining to work, advertisements of job offers, selection processes and communication at the workplace that is part of the work process must be accessible through sign language, Braille, accessible electronic formats, alternative script, and augmentative and alternative modes, means and formats of communication. All trade union and labour rights must also be accessible, as must training opportunities and job qualifications. For example, foreign language or computer courses for employees and trainees must be conducted in an accessible environment in accessible forms, modes, means and formats.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-2-0042","docId":"crpd-c-gc-2","idx":42,"n":42,"text":"Article 28 of the Convention addresses an adequate standard of living and social protection for persons with disabilities. States parties should take the necessary measures to ensure that both mainstream and disability-specific social protection measures and services are provided in an accessible manner, in accessible buildings, and that all information and communication pertaining to them is accessible through sign language, Braille, accessible electronic formats, alternative script, and augmentative and alternative modes, means and formats of communication. Social housing programmes should offer housing that is, inter alia, accessible for persons with disabilities and the elderly.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-2-0043","docId":"crpd-c-gc-2","idx":43,"n":43,"text":"Article 29 of the Convention guarantees persons with disabilities the right to participate in political and public life, and to take part in running public affairs. Persons with disabilities would be unable to exercise those rights equally and effectively if States parties failed to ensure that voting procedures, facilities and materials were appropriate, accessible and easy to understand and use. It is also important that political meetings and materials used and produced by political parties or individual candidates participating in public elections are accessible. If not, persons with disabilities are deprived of their right to participate in the political process in an equal manner. Persons with disabilities who are elected to public office must have equal opportunities to carry out their mandate in a fully accessible manner.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-2-0044","docId":"crpd-c-gc-2","idx":44,"n":44,"text":"44. Everyone has the right to enjoy the arts, take part in sports and go to hotels, restaurants and bars. However, wheelchair users cannot go to a concert if there are only stairs in the concert hall. Blind persons cannot enjoy a painting if there is no description of it they can hear in the gallery. Hard of hearing persons cannot enjoy a film if there are no subtitles. Deaf persons cannot enjoy a theatrical play if there is no sign language interpretation. Persons with intellectual disabilities cannot enjoy a book if there is no easy-to-read version or a version in augmentative and alternative modes. Article 30 of the Convention requires that States parties recognize the right of persons with disabilities to take part in cultural life on an equal basis with others. States parties are required to take all appropriate measures to ensure that persons with disabilities: (a) Enjoy access to cultural materials in accessible formats; (b) Enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats; (c) Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-2-0045","docId":"crpd-c-gc-2","idx":45,"n":45,"text":"“States parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilize their creative, artistic and intellectual potential” (art. 30, para. 2). “States parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials” (art. 30, para. 3). The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled of the World Intellectual Property Organization, adopted in June 2013, should ensure access to cultural material without unreasonable or discriminatory barriers for persons with disabilities, including people with disabilities living abroad or as a member of a minority in another country and who speak or use the same language or means of communication, especially those facing challenges accessing classic print materials. The Convention on the Rights of Persons with Disabilities provides that persons with disabilities are entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity. Article 30, paragraph 4, stresses the recognition of and support for sign languages and deaf culture.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"30","source":"regex"},{"treaty":"CRPD","article":"30","source":"regex"},{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-2-0046","docId":"crpd-c-gc-2","idx":46,"n":46,"text":"46. Article 30, paragraph 5, of the Convention provides that, in order to enable persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States parties shall take appropriate measures: To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels; To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources; To ensure that persons with disabilities have access to sporting, recreational and tourism venues; To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system; To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-2-0047","docId":"crpd-c-gc-2","idx":47,"n":47,"text":"International cooperation, as described in article 32 of the Convention, should be a significant tool in the promotion of accessibility and universal design. The Committee recommends that international development agencies recognize the significance of supporting projects aimed at improving ICT and other access infrastructure. All new investments made within the framework of international cooperation should be used to encourage the removal of existing barriers and prevent the creation of new barriers. It is unacceptable to use public funds to perpetuate new inequalities. All new objects, infrastructure, facilities, goods, products and services must be fully accessible for all persons with disabilities. International cooperation should be used not merely to invest in accessible goods, products and services, but also to foster the exchange of know-how and information on good practice in achieving accessibility in ways that will make tangible changes that can improve the lives of millions of persons with disabilities worldwide. International cooperation on standardization is also important, as is the fact that organizations of persons with disabilities must be supported so that they can participate in national and international processes to develop, implement and monitor accessibility standards. Accessibility must be an integral part of any sustainable development effort, especially in the context of the post-2015 development agenda.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"32","source":"regex"}]},{"id":"crpd-c-gc-2-0048","docId":"crpd-c-gc-2","idx":48,"n":48,"text":"The monitoring of accessibility is a crucial aspect of the national and international monitoring of the implementation of the Convention. Article 33 of the Convention requires States parties to designate focal points within their governments for matters relating to the implementation of the Convention, as well as to establish national frameworks to monitor implementation which include one or more independent mechanisms. Civil society should also be involved and should participate fully in the monitoring process. It is crucial that the bodies established further to article 33 are duly consulted when measures for the proper implementation of article 9 are considered. Those bodies should be provided with meaningful opportunities to, inter alia, take part in the drafting of national accessibility standards, comment on existing and draft legislation, submit proposals for draft legislation and policy regulation, and participate fully in awareness-raising and educational campaigns. The processes of national and international monitoring of the implementation of the Convention should be performed in an accessible manner that promotes and ensures the effective participation of persons with disabilities and their representative organizations. Article 49 of the Convention requires that the text of the Convention be made available in accessible formats. This is an innovation in an international human rights treaty and the Convention on the Rights of Persons with Disabilities should be seen as setting a precedent in that respect for all future treaties.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2014,"section":["IV. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"33","source":"regex"},{"treaty":"CRPD","article":"33","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"49","source":"regex"}]},{"id":"crpd-c-gc-3-0001","docId":"crpd-c-gc-3","idx":1,"n":1,"text":"1. The present general comment was prepared by the Committee on the Rights of Persons with Disabilities in accordance with rule 47 of its rules of procedure, which states that the Committee may prepare general comments based on the various articles and provisions of the Convention with a view to assisting States parties in fulfilling their reporting obligations, and with paragraphs 54-57 of its working methods.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016},{"id":"crpd-c-gc-3-0002","docId":"crpd-c-gc-3","idx":2,"n":2,"text":"2. There is strong evidence to show that women and girls with disabilities face barriers in most areas of life. These barriers create situations of multiple and intersecting forms of discrimination against women and girls with disabilities, in particular with regard to: equal access to education, economic opportunities, social interaction and justice; equal recognition before the law;[[fn:1]] and the ability to participate in politics and to exercise control over their own lives across a range of contexts, for example with regard to health care, including sexual and reproductive health services, and to where and with whom they wish to live.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":1,"text":"World Health Organization (WHO) and World Bank, World Report on Disability (Geneva, 2011)."}]},{"id":"crpd-c-gc-3-0003","docId":"crpd-c-gc-3","idx":3,"n":3,"text":"3. International and national laws and policies on disability have historically neglected aspects related to women and girls with disabilities. In turn, laws and policies addressing women have traditionally ignored disability. This invisibility has perpetuated the situation of multiple and intersecting forms of discrimination against women and girls with disabilities.[[fn:2]] Women with disabilities are often discriminated against on the grounds of gender and/or disability, and on other grounds as well.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":2,"text":"See www.un.org/womenwatch/enable."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-3-0004","docId":"crpd-c-gc-3","idx":4,"n":4,"text":"In the present general comment, the following terms are used: (a) “Women with disabilities” refers to all women, girls and adolescents with disabilities; (b) “Sex” and “gender”, where “sex” refers to biological differences and “gender” refers to the characteristics that a society or culture views as masculine or feminine; (c) “Multiple discrimination” refers to a situation in which a person experiences discrimination on two or more grounds, leading to discrimination that is compounded or aggravated.[[fn:3]] “Intersectional discrimination” refers to a situation where several grounds interact with each other at the same time in such a way as to be inseparable.[[fn:4]] Grounds for discrimination include age, disability, ethnic, indigenous, national or social origin, gender identity, political or other opinion, race, refugee, migrant or asylum seeker status, religion, sex and sexual orientation.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Adolescents"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":3,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004) on temporary special measures, para. 12."},{"n":4,"text":"Ibid., general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women, para. 18."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-3-0005","docId":"crpd-c-gc-3","idx":5,"n":5,"text":"5. Women with disabilities are not a homogenous group. They include indigenous women; refugee, migrant, asylum-seeking and internally displaced women; women in detention (hospitals, residential institutions, juvenile or correctional facilities and prisons); women living in poverty; women from different ethnic, religious and racial backgrounds; women with multiple disabilities and high levels of support; women with albinism; and lesbian, bisexual and transgender women, as well as intersex persons. The diversity of women with disabilities also includes all types of impairments, in other words physical, psychosocial, intellectual or sensory conditions that may or may not come with functional limitations. Disability is understood as the social effect of the interaction between individual impairment and the social and material environment, as described in article 1 of the Convention on the Rights of Persons with Disabilities.","labels":["Indigenous peoples","Women/girls","Children","Persons with disabilities","LGBTI+","Persons deprived of their liberty","Internally displaced persons"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"1","source":"regex"}]},{"id":"crpd-c-gc-3-0006","docId":"crpd-c-gc-3","idx":6,"n":6,"text":"6. Gradual changes in law and policy have occurred since the 1980s and the recognition of women with disabilities has increased. Jurisprudence developed under the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women have highlighted concerns that need to be addressed regarding women and girls with disabilities and recommendations to be implemented. At a policy level, various United Nations bodies have started addressing issues facing women with disabilities and a number of regional strategies addressing disability-inclusive development include them.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"]},{"id":"crpd-c-gc-3-0007","docId":"crpd-c-gc-3","idx":7,"n":7,"text":"7. Article 6 of the Convention on the Rights of Persons with Disabilities is a response to the lack of recognition of the rights of women and girls with disabilities, who worked hard to have that article included in the treaty. Article 6 reinforces the non-discriminatory approach of the Convention, in particular in respect of women and girls, and requires that States parties go beyond refraining from taking discriminatory actions to adopting measures aimed at the development, advancement and empowerment of women and girls with disabilities and the promotion of measures to empower them by recognizing that they are distinct rights holders, providing channels to have their voice heard and to exercise agency, raising their self-confidence and increasing their power and authority to take decisions in all areas affecting their lives. Article 6 should guide States parties to comply with their Convention-related responsibilities to promote, protect and fulfil the human rights of women and girls with disabilities, from a human rights-based approach and a development perspective.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0008","docId":"crpd-c-gc-3","idx":8,"n":8,"text":"8. Gender equality is central to human rights. Equality is a fundamental human rights principle that is inherently relative and context-specific. Ensuring the human rights of women requires, first and foremost, a comprehensive understanding of the social structures and power relations that frame laws and policies, as well as of economic and social dynamics, family and community life, and cultural beliefs. Gender stereotypes can limit women’s capacity to develop their own abilities, pursue professional careers and make choices about their lives and life plans. Both hostile/negative and seemingly benign stereotypes can be harmful. Harmful gender stereotypes need to be recognized and addressed in order to promote gender equality. The Convention enshrines an obligation to combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"]},{"id":"crpd-c-gc-3-0009","docId":"crpd-c-gc-3","idx":9,"n":9,"text":"9. Article 6 is a binding non-discrimination and equality provision that unequivocally outlaws discrimination against women with disabilities and promotes equality of opportunity and equality of outcomes. Women and girls with disabilities are more likely to be discriminated against than men and boys with disabilities and women and girls without disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0010","docId":"crpd-c-gc-3","idx":10,"n":10,"text":"10. The Committee notes that the contributions made during its half-day of general discussion on women and girls with disabilities, held during its ninth session in April 2013, highlighted a range of topics and identified three main subjects of concern with respect to the protection of their human rights: violence, sexual and reproductive health and rights, and discrimination. Furthermore, in its concluding observations on women with disabilities, the Committee has expressed concern about: the prevalence of multiple discrimination and of intersectional discrimination against women with disabilities;[[fn:5]] the discrimination experienced by women and girls with disabilities on account of their gender, disability and other factors[[fn:6]] that are not sufficiently addressed in legislation and policies;[[fn:7]] the right to life;[[fn:8]] equal recognition before the law;[[fn:9]] the persistence of violence against women and girls with disabilities,[[fn:10]] including sexual violence[[fn:11]] and abuse;[[fn:12]] forced sterilization;[[fn:13]] female genital mutilation;[[fn:14]] sexual and economic exploitation;[[fn:15]] institutionalization;[[fn:16]] the lack of or insufficient participation of women with disabilities in decision-making processes[[fn:17]] in public and political life;[[fn:18]] the lack of inclusion of a gender perspective in disability policies;[[fn:19]] the lack of a disability-rights perspective in policies promoting gender equality;[[fn:20]] and the lack of or insufficient number of specific measures to promote the education and employment of women with disabilities.[[fn:21]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":5,"text":"See, for example, CRPD/C/SLV/CO/1, para. 17, and CRPD/C/UKR/CO/1, para. 9."},{"n":6,"text":"See, for example, CRPD/C/AUT/CO/1, para. 17, and CRPD/C/ECU/CO/1, para. 16."},{"n":7,"text":"See, for example, CRPD/C/BRA/CO/1, para. 16, and CRPD/C/EU/CO/1, para. 20"},{"n":8,"text":"See, for example, CRPD/C/MEX/CO/1, para. 34, CRPD/C/AZE/CO/1, para. 18."},{"n":9,"text":"See, for example, CRPD/C/ARG/CO/1, para. 31."},{"n":10,"text":"See, for example, CRPD/C/BEL/CO/1, para. 30."},{"n":11,"text":"See, for example, CRPD/C/AUS/CO/1, para. 16, and CRPD/C/CHN/CO/1 and Corr.1, paras. 57, 65 and 90."},{"n":12,"text":"See, for example, CRPD/C/SLV/CO/1, para. 37, and CRPD/C/CZE/CO/1, para. 34."},{"n":13,"text":"See, for example, CRPD/C/MUS/CO/1, para. 29, and CRPD/C/NZL/CO/1, para. 37."},{"n":14,"text":"See, for example, CRPD/C/GAB/CO/1, para. 40, and CRPD/C/KEN/CO/1, para. 33."},{"n":15,"text":"See, for example, CRPD/C/DOM/CO/1, para. 32, and CRPD/C/PRY/CO/1, para.17."},{"n":16,"text":"See, for example, CRPD/C/HRV/CO/1, para. 23, and CRPD/C/SVK/CO/1, para. 55."},{"n":17,"text":"See, for example, CRPD/C/QAT/CO/1, para. 13, and CRPD/C/ECU/CO/1, paras. 12 and 16."},{"n":18,"text":"See, for example, CRPD/C/CRI/CO/1, para. 13, and CRPD/C/ECU/CO/1, para. 16."},{"n":19,"text":"See, for example, CRPD/C/SWE/CO/1, para. 13, and CRPD/C/KOR/CO/1, para. 13."},{"n":20,"text":"See, for example, CRPD/C/AZE/CO/1, para. 16, and CRPD/C/ESP/CO/1, para. 21."},{"n":21,"text":"See, for example, CRPD/C/DNK/CO/1, para. 18, and CRPD/C/NZL/CO/1, para. 16."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-3-0011","docId":"crpd-c-gc-3","idx":11,"n":11,"text":"11. The present general comment reflects an interpretation of article 6 that is premised on the general principles outlined in article 3 of the Convention, namely: respect for the inherent dignity, individual autonomy, including the freedom to make one’s own choices, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; and respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-3-0012","docId":"crpd-c-gc-3","idx":12,"n":12,"text":"12. Article 6 is a cross-cutting article related to all the other articles of the Convention. It should remind States parties to include the rights of women and girls with disabilities in all actions aimed at implementing the Convention. In particular, positive measures need to be taken in order to ensure that women with disabilities are protected against multiple discrimination and can enjoy human rights and fundamental freedoms on an equal basis with others.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0013","docId":"crpd-c-gc-3","idx":13,"n":13,"text":"13. Article 6 (1) recognizes that women with disabilities are subject to multiple discrimination and requires that States parties take measures to ensure the full and equal enjoyment by women with disabilities of all human rights and fundamental freedoms. The Convention refers to multiple discrimination in article 5 (2), which not only requires States parties to prohibit any kind of discrimination based on disability, but also to protect against discrimination on other grounds.[[fn:22]] The Committee has included, in its jurisprudence, reference to measures to address multiple and intersectional discrimination.[[fn:23]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":22,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation No. 25, para. 12."},{"n":23,"text":"See CRPD/C/MUS/CO/1, CRPD/C/BRA/CO/1, CRPD/C/CZE/CO/1, CRPD/C/DNK/CO/1, CRPD/C/AUS/CO/1, CRPD/C/SWE/CO/1 and CRPD/C/DEU/CO/1, among others."}],"section":["II. Normative content","Article 6 (1)"],"citedArticles":[{"treaty":"CRPD","article":"6","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-3-0014","docId":"crpd-c-gc-3","idx":14,"n":14,"text":"14. “Discrimination on the basis of disability” is defined in article 2 of the Convention as any distinction, exclusion or restriction on the basis of disability that has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation. “Discrimination against women” is defined in article 1 of the Convention on the Elimination of All Forms of Discrimination against Women as any distinction, exclusion or restriction made on the basis of sex that has the effect or purpose of impairing or nullifying the recognition, or enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (1)"],"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"1","source":"regex"}]},{"id":"crpd-c-gc-3-0015","docId":"crpd-c-gc-3","idx":15,"n":15,"text":"15. In article 2 of the Convention on the Rights of Persons with Disabilities, “reasonable accommodation” is defined as necessary and appropriate modifications and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms. Consequently, and in line with article 5 (2) of the Convention, States parties must guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. In its recent jurisprudence, the Committee on the Elimination of Discrimination against Women has made reference to reasonable accommodation in connection to women with disabilities’ access to employment.[[fn:24]] The duty to provide reasonable accommodation is an ex nunc duty, meaning that it is enforceable from the moment a person requests it in a given situation in order to enjoy his or her rights on an equal basis in a particular context. Failure to provide reasonable accommodation for women with disabilities may amount to discrimination under articles 5 and 6.[[fn:25]] An example of reasonable accommodation could be an accessible facility in the workplace that would allow a woman with a disability to breastfeed.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":24,"text":"See, for example, CEDAW/C/HUN/CO/7-8 and Corr.1, para. 45."},{"n":25,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014) on accessibility."}],"section":["II. Normative content","Article 6 (1)"],"citedArticles":[{"treaty":"CRPD","article":"2","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0016","docId":"crpd-c-gc-3","idx":16,"n":16,"text":"16. The concept of intersectional discrimination recognizes that individuals do not experience discrimination as members of a homogenous group but, rather, as individuals with multidimensional layers of identities, statuses and life circumstances. It acknowledges the lived realities and experiences of heightened disadvantage of individuals caused by multiple and intersecting forms of discrimination, which requires targeted measures to be taken with respect to disaggregated data collection, consultation, policymaking, the enforceability of non-discrimination policies and the provision of effective remedies.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (1)"]},{"id":"crpd-c-gc-3-0017","docId":"crpd-c-gc-3","idx":17,"n":17,"text":"Discrimination against women and girls with disabilities can take many forms: (a) direct discrimination; (b) indirect discrimination; (c) discrimination by association; (d) denial of reasonable accommodation; and (e) structural, or systemic, discrimination. Irrespective of the form it takes, the impact of discrimination violates the rights of women with disabilities: (a) Direct discrimination occurs when women with disabilities are treated less favourably than another person in a similar situation for a reason related to a prohibited ground. It also includes detrimental acts or omissions on the basis of prohibited grounds where there is no comparable similar situation.[[fn:26]] For example, direct discrimination occurs when the testimonies of women with intellectual or psychosocial disabilities are dismissed in court proceedings because of legal capacity, thus denying those women justice and effective remedies as victims of violence; (b) Indirect discrimination refers to laws, policies or practices that appear neutral when taken at face value but that nonetheless have a disproportionately negative impact[[fn:27]] on women with disabilities. For example, health-care facilities may appear neutral but are discriminatory when they do not include accessible examination beds for gynaecological screenings; (c) Discrimination by association is discrimination against persons on the basis of their association with a person with a disability. Often, women in a caregiver role experience discrimination by association. For example, the mother of a child with a disability may be discriminated against by a potential employer who fears that she may be a less engaged or available worker because of her child; (d) Denial of reasonable accommodation is discrimination that occurs when necessary and appropriate modifications and adjustments (that do not impose a disproportionate or undue burden) are denied despite being needed to ensure that women with disabilities enjoy, on an equal basis with others, their human rights and fundamental freedoms.[[fn:28]] For example, a woman with a disability may be denied reasonable accommodation if she cannot undergo a mammogram at a health centre owing to the physical inaccessibility of the built environment; (e) Structural, or systemic, discrimination is reflected in hidden or overt patterns of discriminatory institutional behaviour, discriminatory cultural traditions and discriminatory social norms and/or rules. Harmful gender and disability stereotyping, which can lead to such discrimination, is inextricably linked to a lack of policies, regulations and services specifically for women with disabilities. For example, owing to stereotyping based on the intersection of gender and disability, women with disabilities may face barriers when reporting violence, such as disbelief and dismissal by the police, prosecutors and courts. Likewise, harmful practices are strongly connected to and reinforce socially constructed gender roles and power relations that can reflect negative perceptions of, or discriminatory beliefs regarding, women with disabilities, such as the belief that men with HIV/AIDS can be cured by engaging in sexual intercourse with women with disabilities.[[fn:29]] The lack of awareness, training and policies to prevent harmful stereotyping of women with disabilities by public officials, be they teachers, health service providers, police officers, prosecutors or judges, and by the public at large can often lead to the violation of rights.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":26,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 10."},{"n":27,"text":"Ibid."},{"n":28,"text":"See article 2 of the Convention on the Rights of Persons with Disabilities."},{"n":29,"text":"See A/HRC/20/5 and Corr.1, para. 24."}],"section":["II. Normative content","Article 6 (1)"]},{"id":"crpd-c-gc-3-0018","docId":"crpd-c-gc-3","idx":18,"n":18,"text":"18. Women with disabilities are subject to multiple discrimination not only in the public realm, but also in the private sphere, for example, within the family or in relation to private social service providers. International human rights law has long acknowledged State party responsibility for discrimination perpetrated by private, non-State actors.[[fn:30]] States parties must adopt legal provisions and procedures that explicitly recognize multiple discrimination to ensure complaints made on the basis of more than one ground of discrimination are considered in determining both liability and remedies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":30,"text":"See Human Rights Committee, general comments No. 18 (1989) on non-discrimination, para. 9, and No. 28 (2000) on the equality of rights between men and women, para. 31; Committee on Economic, Social and Cultural Rights, general comment No. 20, para. 11; Committee on the Elimination of Discrimination against Women, general recommendation No. 28, para. 9; and Committee on the Elimination of Racial Discrimination, general comment No. 25 (2000) on gender-related dimensions of racial discrimination, paras. 1 and 2."}],"section":["II. Normative content","Article 6 (1)"]},{"id":"crpd-c-gc-3-0019","docId":"crpd-c-gc-3","idx":19,"n":19,"text":"19. Article 6 (2) addresses the development, advancement and empowerment of women. It assumes that the rights enshrined in the Convention can be guaranteed to women if States parties strive to achieve and promote these rights using the appropriate means and in all of the areas addressed by the Convention.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (2)"],"citedArticles":[{"treaty":"CRPD","article":"6","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-3-0020","docId":"crpd-c-gc-3","idx":20,"n":20,"text":"20. In line with the Convention, States parties must take “all appropriate measures” to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities. Measures can be of a legislative, educational, administrative, cultural, political, linguistic or other nature. Measures are appropriate if they respect the principles of the Convention, including the goal of guaranteeing to women with disabilities the exercise and enjoyment of the human rights and fundamental freedoms set out in the Convention. Measures may be temporary or long-lasting and should overcome de jure and de facto inequality. While temporary special measures such as quotas might be necessary to overcome structural, or systemic, multiple discrimination, long-lasting measures such as reforming laws and policies to ensure the equal participation of women with disabilities in all areas of life are essential prerequisites for achieving substantive equality for women with disabilities.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (2)"]},{"id":"crpd-c-gc-3-0021","docId":"crpd-c-gc-3","idx":21,"n":21,"text":"21. All measures must ensure the full development, advancement and empowerment of women with disabilities. Although development relates to economic growth and the eradication of poverty, it is not limited to those areas. While gender- and disability-sensitive development measures in the areas of education, employment, income-generation and combating violence, among others, may be appropriate to ensure the full economic empowerment of women with disabilities, additional measures are necessary with regard to health and participation in politics, culture and sports.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (2)"]},{"id":"crpd-c-gc-3-0022","docId":"crpd-c-gc-3","idx":22,"n":22,"text":"22. In order to advance and empower women with disabilities, measures must go beyond the goal of development and also aim at improving the situation of women with disabilities throughout their lifespan. It is not enough to take women with disabilities into account when designing development measures; rather, women with disabilities must also be able to participate in and contribute to society.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content","Article 6 (2)"]},{"id":"crpd-c-gc-3-0023","docId":"crpd-c-gc-3","idx":23,"n":23,"text":"23. In line with a human rights-based approach, ensuring the empowerment of women with disabilities means promoting their participation in public decision-making. Women and girls with disabilities have historically encountered many barriers to participation in public decision-making. Owing to power imbalances and multiple forms of discrimination, they have had fewer opportunities to establish or join organizations that can represent their needs as women and persons with disabilities. States parties should reach out directly to women and girls with disabilities and establish adequate measures to guarantee that their perspectives are fully taken into account and that they will not be subjected to any reprisals for expressing their points of view and concerns, especially in relation to sexual and reproductive health and rights, as well as gender-based violence, including sexual violence. Finally, States parties must promote the participation of representative organizations of women with disabilities, not just disability-specific consultative bodies and mechanisms.[[fn:31]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":31,"text":"See A/HRC/31/62, para. 70."}],"section":["II. Normative content","Article 6 (2)"]},{"id":"crpd-c-gc-3-0024","docId":"crpd-c-gc-3","idx":24,"n":24,"text":"24. States parties to the Convention have an obligation to respect, protect and fulfil the rights of women with disabilities, both under article 6 and under all other substantive provisions, in order to guarantee them the enjoyment and exercise of all human rights and fundamental freedoms. These duties imply taking legal, political, administrative, educational and other measures.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["III. States parties’ obligations"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0025","docId":"crpd-c-gc-3","idx":25,"n":25,"text":"25. The obligation to respect requires States parties to refrain from interfering with the enjoyment of the rights of women with disabilities. As such, existing laws, regulations, customs and practices that constitute discrimination against women with disabilities must be abolished. Laws that do not allow women with disabilities to marry or choose the number and spacing of their children on an equal basis with others are common examples of such discrimination. Furthermore, the duty to respect implies refraining from engaging in any act or practice that is inconsistent with article 6 and other substantive provisions and ensuring that public authorities and institutions act in conformity with them.[[fn:32]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":32,"text":"See art. 4 (1) (d) of the Convention on the Rights of Persons with Disabilities."}],"section":["III. States parties’ obligations"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0026","docId":"crpd-c-gc-3","idx":26,"n":26,"text":"26. The obligation to protect means that States parties have to ensure that the rights of women with disabilities are not infringed upon by third parties. Thus, States parties must take all appropriate measures to eliminate discrimination on the basis of sex and/or impairment by any person, organization or private enterprise. It also includes the duty to exercise due diligence by preventing violence or violations of human rights, protecting victims and witnesses from violations, investigating, prosecuting and punishing those responsible, including private actors, and providing access to redress and reparations where human rights violations occur.[[fn:33]] For example, States parties could promote the training of professionals in the justice sector to make sure that there are effective remedies for women with disabilities who have been subjected to violence.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":33,"text":"See joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices, footnote 6."}],"section":["III. States parties’ obligations"]},{"id":"crpd-c-gc-3-0027","docId":"crpd-c-gc-3","idx":27,"n":27,"text":"27. The obligation to fulfil imposes an ongoing and dynamic duty to adopt and apply the measures needed to secure the development, advancement and empowerment of women with disabilities. States parties must adopt a twin-track approach by: (a) systematically mainstreaming the interests and rights of women and girls with disabilities in all national action plans, strategies[[fn:34]] and policies concerning women, childhood and disability, as well as in sectoral plans concerning, for example, gender equality, health, violence, education, political participation, employment, access to justice and social protection; and (b) taking targeted and monitored action aimed specifically at women with disabilities. A twin-track approach is essential for reducing inequality in respect of participation and the enjoyment of rights.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":34,"text":"See art. 4 (1) (c) of the Convention on the Rights of Persons with Disabilities."}],"section":["III. States parties’ obligations"]},{"id":"crpd-c-gc-3-0028","docId":"crpd-c-gc-3","idx":28,"n":28,"text":"28. The cross-cutting nature of article 6 inextricably links it to all other substantive provisions of the Convention. In addition to being related to those articles that include an explicit reference to sex and/or gender, article 6 is particularly interrelated interrelated with the provisions dealing with violence against women with disabilities (art. 16) and with sexual and reproductive health and rights, including respect for home and the family (arts. 23 and 25); and spheres of discrimination against women with disabilities in other relevant articles.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"16","source":"regex"}]},{"id":"crpd-c-gc-3-0029","docId":"crpd-c-gc-3","idx":29,"n":29,"text":"29. Women with disabilities are at a heightened risk of violence, exploitation and abuse compared to other women.[[fn:35]] Violence may be interpersonal or institutional and/or structural. Institutional and/or structural violence is any form of structural inequality or institutional discrimination that keeps a woman in a subordinate position, whether physically or ideologically, compared with other people in her family,[[fn:36]] household or community.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":35,"text":"See A/67/227, para. 13."},{"n":36,"text":"See CRPD/C/HRV/CO/1, para. 9."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0030","docId":"crpd-c-gc-3","idx":30,"n":30,"text":"30. Enjoyment by women with disabilities of the right to freedom from exploitation, violence and abuse can be hindered by harmful stereotypes that heighten the risk of experiencing violence. Harmful stereotypes that infantilize women with disabilities and call into question their ability to make judgments, perceptions of women with disabilities as being asexual or hypersexual and erroneous beliefs and myths heavily influenced by superstition that increase the risk of sexual violence against women with albinism[[fn:37]] all stop women with disabilities from exercising their rights as set out in article 16.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":37,"text":"See A/HRC/24/57, para. 74."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"],"citedArticles":[{"treaty":"CRPD","article":"16","source":"regex"}]},{"id":"crpd-c-gc-3-0031","docId":"crpd-c-gc-3","idx":31,"n":31,"text":"31. Examples of violence, exploitation and/or abuse against women with disabilities that violate article 16 include the following: the acquisition of a disability as a consequence of violence, physical force; economic coercion; trafficking and deception; misinformation; abandonment; the absence of free and informed consent and legal compulsion; neglect, including the withholding or denial of access to medication; the removal or control of communication aids and the refusal to assist in communicating; the denial of personal mobility and accessibility by, for example, removing or destroying accessibility features such as ramps, assistive devices such as white canes or mobility devices such as wheelchairs; the refusal by caregivers to assist with daily activities such as bathing, menstrual and/or sanitation management, dressing and eating, which hinders enjoyment of the right to live independently and to freedom from degrading treatment; the withholding of food or water, or the threat of doing so; the infliction of fear by intimidation through bullying, verbal abuse and ridicule on the grounds of disability; the harming or threat of harming, removing or killing pets or assistance dogs or destroying objects; psychological manipulation; and the exercise of control, for example by restricting face-to-face or virtual access to family, friends or others.","labels":["Women/girls","Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"],"citedArticles":[{"treaty":"CRPD","article":"16","source":"regex"}]},{"id":"crpd-c-gc-3-0032","docId":"crpd-c-gc-3","idx":32,"n":32,"text":"32. Certain forms of violence, exploitation and abuse may be considered as cruel, inhuman or degrading treatment or punishment and as breaching a number of international human rights treaties. Among them are: forced, coerced and otherwise involuntary pregnancy or sterilization;[[fn:38]] any medical procedure or intervention performed without free and informed consent, including procedures and interventions related to contraception and abortion; invasive and irreversible surgical practices such as psychosurgery, female genital mutilation and surgery or treatment performed on intersex children without their informed consent; the administration of electroshock treatment and the use of chemical, physical or mechanical restraints; and isolation or seclusion.","labels":["Women/girls","Children","LGBTI+"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":38,"text":"See CRPD/C/MEX/CO/1, para.37."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0033","docId":"crpd-c-gc-3","idx":33,"n":33,"text":"33. Sexual violence against women with disabilities includes rape.[[fn:39]] Sexual abuse occurs in all scenarios, within State and non-State institutions and within the family or the community. Some women with disabilities, in particular deaf and deafblind women[[fn:40]] and women with intellectual disabilities, may be at an even greater risk of violence and abuse because of their isolation, dependency or oppression.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":39,"text":"See A/67/227, para. 35."},{"n":40,"text":"See CRPD/C/BRA/CO/1, para. 14."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0034","docId":"crpd-c-gc-3","idx":34,"n":34,"text":"34. Women with disabilities may be targeted for economic exploitation because of their impairment, which can in turn expose them to further violence. For example, women with physical or visible impairments can be trafficked for the purpose of forced begging because it is believed that they may elicit a higher degree of public sympathy.[[fn:41]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":41,"text":"See A/HRC/20/5 and Corr.1, para. 25."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0035","docId":"crpd-c-gc-3","idx":35,"n":35,"text":"35. The often preferential care and treatment of boys means that violence against girls with disabilities is more prevalent than it is against boys with disabilities or girls in general. Violence against girls with disabilities includes gender-specific neglect, humiliation, concealment, abandonment and abuse, including sexual abuse and sexual exploitation, which increases during puberty. Children with disabilities are also disproportionately likely not to be registered at birth,[[fn:42]] which exposes them to exploitation and violence. Girls with disabilities are particularly at risk of violence from family members and caregivers.[[fn:43]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":42,"text":"See, for example, CRC/C/TGO/CO/3-4, para. 8 and 39."},{"n":43,"text":"The State of the World’s Children 2013: Children with Disabilities (United Nations publication, Sales No. E.13.XX.1)."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0036","docId":"crpd-c-gc-3","idx":36,"n":36,"text":"36. Girls with disabilities are particularly at risk of harmful practices, which are justified by invoking sociocultural and religious customs and values. For example, girls with disabilities are more likely to die as a result of “mercy killings” than boys with disabilities because their families are unwilling or lack the support to raise a girl with an impairment.[[fn:44]] Other examples of harmful practices include infanticide,[[fn:45]] accusations of “spirit possession” and restrictions in feeding and nutrition. In addition, the marriage of girls with disabilities, especially girls with intellectual disabilities, is justified under the pretext of providing future security, care and financing. In turn, child marriage contributes to higher rates of dropping out of school and to early and frequent childbirth. Girls with disabilities experience social isolation, segregation and exploitation inside the family, including by being excluded from family activities, prevented from leaving home, forced to perform unpaid housework and being forbidden from attending school.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":44,"text":"See A/HRC/20/5 and Corr.1, para. 24."},{"n":45,"text":"Ibid."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0037","docId":"crpd-c-gc-3","idx":37,"n":37,"text":"37. Women with disabilities are subjected to the same harmful practices committed against women without disabilities such as forced marriage, female genital mutilation, crimes committed in the name of so-called honour, dowry-related violence, widowhood-related practices and accusations of witchcraft.[[fn:46]] The consequences of these harmful practices go far beyond social exclusion. They reinforce harmful gender stereotypes, perpetuate inequalities and contribute to discrimination against women and girls. They can result in physical and psychological violence and economic exploitation. Harmful practices based on patriarchal interpretations of culture cannot be evoked to justify violence against women and girls with disabilities. In addition, women and girls with disabilities are particularly at risk of “virgin testing”[[fn:47]] and, regarding HIV/AIDS-related misbeliefs, “virgin rapes”.[[fn:48]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":46,"text":"See joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices,, para. 7."},{"n":47,"text":"Ibid., para. 9."},{"n":48,"text":"See A/HRC/20/5 and Corr.1,, para. 24."}],"section":["IV. Relationship between article 6 and other articles of the Convention","A. Freedom from exploitation, violence and abuse (art. 16)"]},{"id":"crpd-c-gc-3-0038","docId":"crpd-c-gc-3","idx":38,"n":38,"text":"38. Wrongful stereotyping related to disability and gender is a form of discrimination that has a particularly serious impact on the enjoyment of sexual and reproductive health and rights, and the right to a found a family. Harmful stereotypes of women with disabilities include the belief that they are asexual, incapable, irrational, lacking control and/or hypersexual. Like all women, women with disabilities have the right to choose the number and spacing of their children, as well as the right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence.[[fn:49]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":49,"text":"Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action and the outcome documents of their review conferences."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0039","docId":"crpd-c-gc-3","idx":39,"n":39,"text":"39. Women with disabilities face multiple barriers to the enjoyment of sexual and reproductive health and rights, equal recognition before the law and access to justice. In addition to facing barriers resulting from multiple discrimination on the grounds of gender and disability, some women with disabilities, such as refugees, migrants and asylum seekers, face additional barriers because they are denied access to health care. Women with disabilities may also face harmful eugenic stereotypes that assume that they will give birth to children with disabilities and thus lead women with disabilities being discouraged or prevented from realizing their motherhood.[[fn:50]]","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":50,"text":"See A/67/227, para. 36."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0040","docId":"crpd-c-gc-3","idx":40,"n":40,"text":"40. Women with disabilities may also be denied access to information and communication, including comprehensive sexuality education, based on harmful stereotypes that assume that they are asexual and do not therefore require such information on an equal basis with others. Information may also not be available in accessible formats. Sexual and reproductive health information includes information about all aspects of sexual and reproductive health, including maternal health, contraceptives, family planning, sexually transmitted infections, HIV prevention, safe abortion and post-abortion care, infertility and fertility options, and reproductive cancer.[[fn:51]]","labels":["Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":51,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016) on the right to sexual and reproductive health, para. 18."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0041","docId":"crpd-c-gc-3","idx":41,"n":41,"text":"41. Lack of access to sexual and reproductive health information for women with disabilities, especially women with intellectual disabilities and deaf and deafblind women, can increase their risk of being subjected to sexual violence.[[fn:52]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":52,"text":"See, for example, CRPD/C/MEX/CO/1, para. 50 (b)."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0042","docId":"crpd-c-gc-3","idx":42,"n":42,"text":"42. Health-care facilities and equipment, including mammogram machines and gynaecological examination beds, are often physically inaccessible for women with disabilities.[[fn:53]] Safe transport for women with disabilities to attend health-care facilities or screening programmes may be unavailable, unaffordable or inaccessible.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":53,"text":"See Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014) on accessibility, para. 40, and, for example, CRPD/C/DOM/CO/1, para. 46."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0043","docId":"crpd-c-gc-3","idx":43,"n":43,"text":"43. Attitudinal barriers raised by health-care staff and related personnel may result in women with disabilities being refused access to health-care practitioners and/or services, especially women with psychosocial or intellectual impairments, deaf and deafblind women and women who are still institutionalized.[[fn:54]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":54,"text":"See A/HRC/20/5 and Corr.1, para. 37."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0044","docId":"crpd-c-gc-3","idx":44,"n":44,"text":"44. In practice, the choices of women with disabilities, especially women with psychosocial or intellectual disabilities, are often ignored and their decisions are often substituted by those of third parties, including legal representatives, service providers, guardians and family members, in violation of their rights under article 12 of the Convention.[[fn:55]] All women with disabilities must be able to exercise their legal capacity by taking their own decisions, with support when desired, with regard to medical and/or therapeutic treatment, including by taking their own decisions on retaining their fertility and reproductive autonomy, exercising their right to choose the number and spacing of children, consenting and accepting a statement of fatherhood and exercising their right to establish relationships. Restricting or removing legal capacity can facilitate forced interventions, such as sterilization, abortion, contraception, female genital mutilation, surgery or treatment performed on intersex children without their informed consent and forced detention in institutions.[[fn:56]]","labels":["Women/girls","Children","Persons with disabilities","LGBTI+","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":55,"text":"Office of the United Nations High Commissioner for Human Rights, United Nations Entity for Gender Equality and the Empowerment of Women, Joint United Nations Programme on HIV/AIDS, United Nations Development Programme, United Nations Population Fund, UNICEF and WHO, “Eliminating forced, coercive and otherwise involuntary sterilization: an interagency statement” (WHO, 2014)."},{"n":56,"text":"See Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014) on equal recognition before the law, para. 35."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-3-0045","docId":"crpd-c-gc-3","idx":45,"n":45,"text":"45. Forced contraception and sterilization can also result in sexual violence without the consequence of pregnancy, especially for women with psychosocial or intellectual disabilities, women in psychiatric or other institutions and women in custody. Therefore, it is particularly important to reaffirm that the legal capacity of women with disabilities should be recognized on an equal basis with that of others[[fn:57]] and that women with disabilities have the right to found a family and be provided with appropriate assistance to raise their children.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":57,"text":"Ibid., para. 31. See also art. 12 of the Convention on the Rights of Persons with Disabilities and art. 15 of the Convention on the Elimination of All Forms of Discrimination against Women."}],"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0046","docId":"crpd-c-gc-3","idx":46,"n":46,"text":"46. Harmful gender and/or disability stereotypes based on such concepts as incapacity and inability can result in mothers with disabilities facing legal discrimination, which is why these women are significantly overrepresented in child protection proceedings and disproportionately lose contact and custody of their children, who are subject to adoption proceedings and/or to being placed in an institution. In addition, a husband can be granted separation or divorce on the basis of his wife’s psychosocial disability.","labels":["Women/girls","Children","Persons with disabilities","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","B. Sexual and reproductive health and rights, including respect for the home and the family (arts. 23 and 25)"]},{"id":"crpd-c-gc-3-0047","docId":"crpd-c-gc-3","idx":47,"n":47,"text":"47. Women with disabilities are exposed to compounded stereotypes that can be particularly harmful. Gender and disability stereotypes affecting women with disabilities include: being burdensome to others (i.e., they must be cared for, are a cause of hardship, an affliction and a responsibility, or require protection); being vulnerable (i.e., they are considered defenceless, dependent, reliant or unsafe); being victims (i.e., they are considered to be suffering, passive or helpless) or inferior (i.e., they are considered unable, inadequate, weak or worthless); having a sexual abnormality (e.g., they are stereotyped as asexual, inactive, overactive, incapable or sexually perverse); or being mystical or sinister (stereotyped as cursed, possessed by spirits, practitioners of witchcraft, harmful or bring either good or bad luck). Gender and/or disability stereotyping is the practice of ascribing to a specific individual a stereotypical belief; it is wrongful when it results in a violation or in violations of human rights and fundamental freedoms. An example of this is the failure of the justice system to hold the perpetrator of sexual violence against a woman with disability accountable based on stereotypical views about the women’s sexuality or her credibility as a witness.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Awareness-raising (art. 8)"]},{"id":"crpd-c-gc-3-0048","docId":"crpd-c-gc-3","idx":48,"n":48,"text":"48. The lack of consideration given to gender and/or disability aspects in policies relating to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and rural areas, prevents women with disabilities from living independently and participating fully in all areas of life on an equal basis with others. This is especially relevant in terms of women with disabilities’ access to safe houses, support services and procedures that provide effective and meaningful protection from violence, abuse and exploitation or in terms of providing health care, in particular reproductive health care.[[fn:58]]","labels":["Women/girls","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":58,"text":"See See Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014) on accessibility."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Accessibility (art. 9)"]},{"id":"crpd-c-gc-3-0049","docId":"crpd-c-gc-3","idx":49,"n":49,"text":"49. In situations of armed conflict, occupation of territories, natural disasters and humanitarian emergencies, women with disabilities are at an increased risk of sexual violence and are less likely to have access to recovery and rehabilitation services or access to justice.[[fn:59]] Women refugees, migrants and asylum seekers with disabilities may also face an increased risk of violence because they are denied the right to access health and justice systems because of their citizenship status.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":59,"text":"Statement of the Committee on the Rights of Persons with Disabilities on disability inclusion for the World Humanitarian Summit, available from the Committee’s web page (www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx)."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Situations of risk and humanitarian emergencies (art. 11)"]},{"id":"crpd-c-gc-3-0050","docId":"crpd-c-gc-3","idx":50,"n":50,"text":"50. Women with disabilities in situations of risk and humanitarian emergencies are at an increased risk of sexual violence, as outlined in the previous section. In addition, the lack of sanitation facilities increases discrimination against women with disabilities, who face a number of barriers to accessing humanitarian aid. Although women and children are prioritized in the distribution of humanitarian relief, women with disabilities cannot always obtain information on relief projects, as that information is often not available in accessible formats. When women with disabilities do receive information, they may not be able to physically access distribution points. Even when they do, they may not be able to communicate with staff. Likewise, if women with disabilities are subjected to violence, exploitation or abuse, information and communication helplines and hotlines may not be accessible. Refugee camps often lack child protection mechanisms for children with disabilities. In addition, accessible sanitation facilities to ensure hygienic menstrual management are often unavailable, which can in turn increase women with disabilities’ exposure to violence. Single women with disabilities face barriers to accessible evacuation as a result of an emergency or disaster situation, in particular if they are accompanied by their children at the time of evacuation. This disproportionately affects internally displaced women with disabilities who are without an adult family member, friends or caregivers. Displaced girls with disabilities face additional barriers in accessing formal and non-formal education, especially in crisis settings.","labels":["Refugees & asylum-seekers","Women/girls","Children","Persons with disabilities","Internally displaced persons","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Situations of risk and humanitarian emergencies (art. 11)"]},{"id":"crpd-c-gc-3-0051","docId":"crpd-c-gc-3","idx":51,"n":51,"text":"51. Women with disabilities, more often than men with disabilities and more often than women without disabilities, are denied the right to legal capacity. Their rights to maintain control over their reproductive health, including on the basis of free and informed consent,[[fn:60]] to found a family, to choose where and with whom to live, to physical and mental integrity, to own and inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit[[fn:61]] are often violated through patriarchal systems of substituted decision-making.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":60,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014) on equal recognition before the law."},{"n":61,"text":"World Survey on the Role of Women in Development 2014: Gender Equality and Sustainable Development (United Nations publication, Sales No. E.14.IV.6)."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Equal recognition before the law (art. 12)"]},{"id":"crpd-c-gc-3-0052","docId":"crpd-c-gc-3","idx":52,"n":52,"text":"52. Women with disabilities face barriers to accessing justice, including with regard to exploitation, violence and abuse, owing to harmful stereotypes, discrimination and lack of procedural and reasonable accommodations, which can lead to their credibility being doubted and their accusations being dismissed.[[fn:62]] Negative attitudes in the implementation of procedures may intimidate victims or discourage them from pursuing justice. Complicated or degrading reporting procedures, the referral of victims to social services rather than the provision of legal remedies, dismissive attitudes by the police or other law enforcement agencies are examples of such attitudes. This could lead to impunity and to the invisibility of the issue, which in turn could result in violence lasting for extended periods of time.[[fn:63]] Women with disabilities may also fear reporting violence, exploitation or abuse because they are concerned that they may lose the support required from caregivers.[[fn:64]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":62,"text":"See A/HRC/20/5 and Corr.1, para. 41, and A/67/227, para. 42."},{"n":63,"text":"See A/HRC/20/5 and Corr.1, para. 19."},{"n":64,"text":"Ibid., para. 16."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Access to justice (art. 13)"]},{"id":"crpd-c-gc-3-0053","docId":"crpd-c-gc-3","idx":53,"n":53,"text":"53. Violations relating to deprivation of liberty disproportionately affect women with intellectual or psychosocial disabilities and those in institutional settings. Those deprived of their liberty in places such as psychiatric institutions, on the basis of actual or perceived impairment, are subject to higher levels of violence, as well as to cruel, inhuman or degrading treatment or punishment[[fn:65]] and are segregated and exposed to the risk of sexual violence and trafficking within care and special education institutions.[[fn:66]] Violence against women with disabilities in institutions includes: involuntary undressing by male staff against the will of the woman concerned; forced administration of psychiatric medication; and overmedication, which can reduce the ability to describe and/or remember sexual violence. Perpetrators may act with impunity because they perceive little risk of discovery or punishment given that access to judicial remedies is severely restricted, and women with disabilities subjected to such violence are unlikely to be able to access helplines or other forms of support to report such violations.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":65,"text":"Ibid., para. 39."},{"n":66,"text":"See CRPD/C/UKR/CO/1, para. 11."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Liberty and security of person and freedom from torture or cruel, inhuman or degrading treatment or punishment (arts. 14 and 15)"]},{"id":"crpd-c-gc-3-0054","docId":"crpd-c-gc-3","idx":54,"n":54,"text":"54. Women with disabilities are more likely to be subjected to forced interventions than are women in general and men with disabilities. Such forced interventions are wrongfully justified by theories of incapacity and therapeutic necessity, are legitimized under national laws and may enjoy wide public support for being in the alleged best interest of the person concerned.[[fn:67]] Forced interventions violate a number of rights enshrined in the Convention, namely: the right to equal recognition before the law; the right to freedom from exploitation, violence and abuse; the right to found a family; the right to the integrity of the person; the right to sexual and reproductive health; and the right to freedom from torture or cruel, inhuman or degrading treatment or punishment.[[fn:68]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":67,"text":"See A/HRC/22/53, para. 64."},{"n":68,"text":"See CRPD/C/SWE/CO/1, para. 37."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Freedom from torture or cruel, inhuman or degrading treatment or punishment and protecting the integrity of the person (arts. 15 and 17)"]},{"id":"crpd-c-gc-3-0055","docId":"crpd-c-gc-3","idx":55,"n":55,"text":"55. The right of women with disabilities to choose their place of residence may be adversely affected by cultural norms and patriarchal family values that limit autonomy and oblige them to live in a particular living arrangement. Thus, multiple discrimination can prevent the full and equal enjoyment of the right to live independently and to be included in the community. Age and impairment, separately or jointly, can increase the risk of institutionalization of older persons with disabilities.[[fn:69]] In addition, it has been widely documented that institutionalization may expose persons with disabilities to violence and abuse, with women with disabilities being particularly exposed.[[fn:70]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":69,"text":"See E/2012/51 and Corr.1."},{"n":70,"text":"See A/HRC/28/37, para. 24."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Living independently and being included in the community (art. 19)"]},{"id":"crpd-c-gc-3-0056","docId":"crpd-c-gc-3","idx":56,"n":56,"text":"56. Harmful gender and disability stereotypes combine to fuel discriminatory attitudes, policies and practices, such as: giving greater value to the education of boys over girls, using educational material perpetuating wrongful gender and disability stereotypes, encouraging the child marriage of girls with disabilities, carrying out gender-based family activities, assigning caregiver roles to women and girls and not providing accessible sanitation facilities at schools to ensure hygienic menstrual management. In turn, these result in higher rates of illiteracy, school failure, uneven daily attendance rates, absenteeism and dropping out of school entirely.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Education (art. 24)"]},{"id":"crpd-c-gc-3-0057","docId":"crpd-c-gc-3","idx":57,"n":57,"text":"57. Women with disabilities face barriers to accessing health and rehabilitation services. Among these barriers are: a lack of education and information on sexual and reproductive health and rights; physical barriers to gynaecological, obstetric and oncology services; and attitudinal barriers to fertility and hormone treatments. In addition, physical and psychological rehabilitation services, including counselling for acts of gender-based violence, may not be accessible, inclusive or age- or gender-sensitive.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Health and rehabilitation (arts. 25 and 26)"]},{"id":"crpd-c-gc-3-0058","docId":"crpd-c-gc-3","idx":58,"n":58,"text":"58. Besides the general barriers that persons with disabilities face when trying to exercise their right to work, women with disabilities also face unique barriers to their equal participation in the workplace, including sexual harassment and unequal pay and the lack of access to seek redress because of discriminatory attitudes dismissing their claims, as well as physical, information and communications barriers.[[fn:71]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":71,"text":"See A/HRC/20/5 and Corr.1, para. 40, and A/67/227, para. 67."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Employment (art. 27)"]},{"id":"crpd-c-gc-3-0059","docId":"crpd-c-gc-3","idx":59,"n":59,"text":"59. As a consequence of discrimination, women represent a disproportionate percentage of the world’s poor, which leads to a lack of choice and opportunities, especially in terms of formal employment income. Poverty is both a compounding factor and the result of multiple discrimination. Older women with disabilities especially face many difficulties in accessing adequate housing, are more likely to be institutionalized and do not have equal access to social protection and poverty reduction programmes.[[fn:72]]","labels":["Women/girls","Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":72,"text":"See A/70/297."}],"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Social protection (art. 28)"]},{"id":"crpd-c-gc-3-0060","docId":"crpd-c-gc-3","idx":60,"n":60,"text":"60. The voices of women and girls with disabilities have historically been silenced, which is why they are disproportionately underrepresented in public decision-making. Owing to power imbalances and multiple discrimination, they have had fewer opportunities to establish or join organizations that can represent their needs as women, children and persons with disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship between article 6 and other articles of the Convention","C. Discrimination against women with disabilities in other articles of the Convention","Participation in political and public life (art. 29)"]},{"id":"crpd-c-gc-3-0061","docId":"crpd-c-gc-3","idx":61,"n":61,"text":"61. In its examination of States parties’ reports, the Committee has noted that States parties face a number of consistent challenges to guaranteeing to women with disabilities the full enjoyment of all their rights without discrimination and on an equal basis with others, in compliance with article 6 and other related articles of the Convention.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. National implementation"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0062","docId":"crpd-c-gc-3","idx":62,"n":62,"text":"62. In the light of the normative content and obligations outlined above, States parties should take the steps set out below to ensure full implementation of article 6 and provide adequate resources in that regard.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. National implementation"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0063","docId":"crpd-c-gc-3","idx":63,"n":63,"text":"States parties should combat multiple discrimination by, inter alia: (a) Repealing discriminatory laws, policies and practices that prevent women with disabilities from enjoying all the rights enshrined in the Convention, outlawing gender- and disability-based discrimination and its intersectional forms, criminalizing sexual violence against girls and women with disabilities, prohibiting all forms of forced sterilization, forced abortion and non-consensual birth control, prohibiting all forms of forced gender- and/or disability-related medical treatment and taking all appropriate legislative steps to protect women with disabilities against discrimination; (b) Adopting appropriate laws, policies and actions to ensure that the rights of women with disabilities are included in all policies, especially in policies related to women in general and policies on disability; (c) Addressing all barriers that prevent or restrict the participation of women with disabilities and ensuring that women with disabilities, as well as the views and opinions of girls with disabilities, through their representative organizations, are included in the design, implementation and monitoring of all programmes that have an impact on their lives; and including women with disabilities in all branches and bodies of the national monitoring system; (d) Collecting and analysing data on the situation of women with disabilities in all areas relevant to them in consultation with organizations of women with disabilities with a view to guiding policy planning for the implementation of article 6 and to eliminating all forms of discrimination, especially multiple and intersectional discrimination, and improving data collection systems for adequate monitoring and evaluation; (e) Ensuring that all international cooperation is disability- and gender-sensitive and inclusive and including data and statistics on women with disabilities in the implementation of the 2030 Agenda on Sustainable Development, including the Sustainable Development Goals, together with their targets and indicators, as well as other international frameworks.","labels":["Women/girls","Children","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. National implementation"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-3-0064","docId":"crpd-c-gc-3","idx":64,"n":64,"text":"States parties should take all appropriate measures to ensure the development, advancement and empowerment of women with disabilities by, inter alia: (a) Repealing any law or policy that prevents women with disabilities from effectively and fully participating in political and public life on an equal basis with others, including in respect of the right to form and join organizations and networks of women in general and of women with disabilities in particular; (b) Adopting affirmative action measures for the development, advancement and empowerment of women with disabilities, in consultation with organizations of women with disabilities, with the aim of immediately addressing inequalities and ensuring that women with disabilities enjoy equality of opportunity with others. Such measures should be adopted in particular with regard to access to justice, the elimination of violence, respect for home and the family, sexual health and reproductive rights, health, education, employment and social protection. Public and private services and facilities used by women with disabilities should be fully accessible in compliance with article 9 of the Convention and the Committee’s general comment No. 2 (2014) on accessibility, and public and private service providers should be trained and educated on applicable human rights standards and on identifying and combating discriminatory norms and values so that they can provide appropriate attention, support and assistance to women with disabilities; (c) Adopting effective measures to provide women with disabilities access to the support they may require to exercise their legal capacity, in line with the Committee’s general comment No. 1 (2014) on equal recognition before the law, to give their free and informed consent and to take decisions about their own lives; (d) Supporting and promoting the creation of organizations and networks of women with disabilities, and supporting and encouraging women with disabilities to take leadership roles in public decision-making bodies at all levels; (e) Promoting the carrying out of specific research on the situation of women with disabilities, in particular research on impediments to the development, advancement and empowerment of women with disabilities in all areas related to them; considering women with disabilities in the collection of data relating to persons with disabilities and to women in general; appropriately targeting policies for the development, advancement and empowerment of women with disabilities; involving women with disabilities and their representative organizations in the design, implementation, monitoring and evaluation of, and training for, data collection; and establishing consultation mechanisms for the creation of systems capable of effectively identifying and capturing the diverse lived experiences of women with disabilities for improved public policies and practices; (f) Supporting and promoting international cooperation and assistance in a manner consistent with all national efforts to eliminate the legal, procedural, practical and social barriers to the full development, advancement and empowerment of women with disabilities in their communities, as well as at the national, regional and global levels, and the inclusion of women with disabilities in the design, implementation and monitoring of international cooperation projects and programmes that affect their lives.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. National implementation"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-3-0065","docId":"crpd-c-gc-3","idx":65,"n":65,"text":"65. States parties should take into account the recommendations of the relevant United Nations bodies dealing with gender equality and apply them to women and girls with disabilities.[[fn:73]]","labels":["Women/girls","Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":73,"text":"See E/CN.6/2016/3. See also: European Commission, International Training Centre of the International Labour Organization and UN-Women, Handbook on Costing Gender Equality (New York, 2015), available from www.unwomen.org/en/digital-library/publications/2015/7/handbook-on-costing-gender-equality; UN-Women, Guidebook on CEDAW General Recommendation no. 30 and the UN Security Council resolutions on women, peace and security (New York, 2015), available from www.unwomen.org/en/digital-library/publications/2015/8/guidebook-cedawgeneralrecommendation30-womenpeacesecurity; UN-Women, Guidance Note on Gender Mainstreaming in Development Programming (New York, 2014), available from www.unwomen.org/en/digital-library/publications/2015/02/gender-mainstreaming-issues; UN-Women, Guide for the Evaluation of Programmes and Projects with a Gender, Human Rights and Intercultural Perspective (New York, 2014), available from www.unwomen.org/en/digital-library/publications/2014/7/guide-for-the-evaluation-of-programmes-and-projects-with-a-gender-perspective; UN-Women, Monitoring Gender Equality and the Empowerment of Women and Girls in the 2030 Agenda for Sustainable Development: Opportunities and Challenges (New York, 2015), available from www.unwomen.org/en/digital-library/publications/2015/9/indicators-position-paper."}],"section":["V. National implementation"]},{"id":"crpd-c-gc-4-0001","docId":"crpd-c-gc-4","idx":1,"n":1,"text":"1. Historically viewed as welfare recipients, persons with disabilities are now recognized under international law as rights holders with a claim to the right to education without discrimination and on the basis of equal opportunities. The Convention on the Rights of the Child (1989), the World Declaration on Education for All (1990), the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) and the Salamanca statement and framework for action (1994) all include measures testifying to the growing awareness and understanding of the right of persons with disabilities to education.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"]},{"id":"crpd-c-gc-4-0002","docId":"crpd-c-gc-4","idx":2,"n":2,"text":"2. Recognition of inclusion as the key to achieving the right to education has strengthened over the past 30 years and is enshrined in the Convention on the Rights of Persons with Disabilities, the first legally binding instrument to contain a reference to the concept of quality inclusive education. Sustainable Development Goal 4 too affirms the value of inclusive, quality and equitable education. Inclusive education is central to achieving high-quality education for all learners, including those with disabilities, and for the development of inclusive, peaceful and fair societies. Furthermore, there is a powerful educational, social and economic case to be made. As reflected in the report of the Office of the United Nations High Commissioner for Human Rights on the thematic study on the right of persons with disabilities to education, only inclusive education can provide both quality education and social development for persons with disabilities, and a guarantee of universality and non-discrimination in the right to education.[[fn:1]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":1,"text":"See A/HRC/25/29 and Corr.1, paras. 3 and 68."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-4-0003","docId":"crpd-c-gc-4","idx":3,"n":3,"text":"3. Despite the progress achieved, however, the Committee is concerned that profound challenges persist. Many millions of persons with disabilities continue to be denied the right to education and for many more education is available only in settings where persons with disabilities are isolated from their peers and where the education they receive is of an inferior quality.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"]},{"id":"crpd-c-gc-4-0004","docId":"crpd-c-gc-4","idx":4,"n":4,"text":"Barriers that impede access to inclusive education for persons with disabilities can be attributed to multiple factors, including: (a) The failure to understand or implement the human rights model of disability, according to which barriers within the community and society, rather than personal impairments, exclude persons with disabilities; (b) Persistent discrimination against persons with disabilities, compounded by the isolation of those still living in long-term residential institutions, and low expectations about those in mainstream settings, allowing prejudices and fear to escalate and remain unchallenged; (c) Lack of knowledge about the nature and advantages of inclusive and quality education and diversity, including regarding competitiveness, in learning for all; lack of outreach to all parents; and lack of appropriate responses to support requirements, leading to misplaced fears and stereotypes that inclusion will cause a deterioration in the quality of education or otherwise have a negative impact on others; (d) Lack of disaggregated data and research (both of which are necessary for accountability and programme development), which impedes the development of effective policies and interventions to promote inclusive and quality education; (e) Lack of political will, technical knowledge and capacity in implementing the right to inclusive education, including insufficient education of all teaching staff; (f) Inappropriate and inadequate funding mechanisms to provide incentives and reasonable accommodations for the inclusion of students with disabilities, interministerial coordination, support and sustainability; (g) Lack of legal remedies and mechanisms to claim redress for violations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"]},{"id":"crpd-c-gc-4-0005","docId":"crpd-c-gc-4","idx":5,"n":5,"text":"5. States parties to the Convention on the Rights of Persons with Disabilities must have regard for the underlying general principles of the Convention in all measures taken to implement inclusive education and must ensure that both the process and outcomes of developing an inclusive education system comply with article 3.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-4-0006","docId":"crpd-c-gc-4","idx":6,"n":6,"text":"6. The present general comment is applicable to all persons with actual or perceived disabilities.[[fn:2]] The Committee recognizes that some groups are more at risk of exclusion from education than others, such as: persons with intellectual disabilities or multiple disabilities, persons who are deafblind, persons with autism or persons with disabilities in humanitarian emergencies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":2,"text":"Art. 1 (2) of the Convention on the Rights of Persons with Disabilities."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-4-0007","docId":"crpd-c-gc-4","idx":7,"n":7,"text":"7. Consistent with article 4 (3), States parties must consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations, in all aspects of planning, implementation, monitoring and evaluation of inclusive education policies. Persons with disabilities and, when appropriate, their families, must be recognized as partners and not merely recipients of education.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-4-0008","docId":"crpd-c-gc-4","idx":8,"n":8,"text":"8. In accordance with article 24 (1), States parties must ensure the realization of the right of persons with disabilities to education through an inclusive education system at all levels, including preschool, primary, secondary and tertiary education, vocational training and lifelong learning, extracurricular and social activities, and for all students, including persons with disabilities, without discrimination and on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-4-0009","docId":"crpd-c-gc-4","idx":9,"n":9,"text":"9. Ensuring the right to inclusive education entails a transformation in culture, policy and practice in all formal and informal educational environments to accommodate the differing requirements and identities of individual students, together with a commitment to removing the barriers that impede that possibility. It involves strengthening the capacity of the education system to reach out to all learners. It focuses on the full and effective participation, accessibility, attendance and achievement of all students, especially those who, for different reasons, are excluded or at risk of being marginalized. Inclusion involves access to and progress in high-quality formal and informal education without discrimination. Inclusion seeks to enable communities, systems and structures to combat discrimination, including harmful stereotypes, recognize diversity, promote participation and overcome barriers to learning and participation for all by focusing on the well-being and success of students with disabilities. It requires an in-depth transformation of education systems in legislation, policy and the mechanisms for financing, administering, designing, delivering and monitoring education.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"]},{"id":"crpd-c-gc-4-0010","docId":"crpd-c-gc-4","idx":10,"n":10,"text":"Inclusive education is to be understood as: (a) A fundamental human right of all learners. Notably, education is the right of the individual learner and not, in the case of children, the right of a parent or caregiver. Parental responsibilities in this regard are subordinate to the rights of the child; (b) A principle that values the well-being of all students, respects their inherent dignity and autonomy, and acknowledges individuals’ requirements and their ability to effectively be included in and contribute to society; (c) A means of realizing other human rights. It is the primary means by which persons with disabilities can lift themselves out of poverty, obtain the means to participate fully in their communities and be safeguarded from exploitation.[[fn:3]] It is also the primary means of achieving inclusive societies; (d) The result of a process of continuing and proactive commitment to eliminating barriers impeding the right to education, together with changes to culture, policy and practice of regular schools to accommodate and effectively include all students.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":3,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 13 (1999) on the right to education."}],"section":["II. Normative content of article 24"]},{"id":"crpd-c-gc-4-0011","docId":"crpd-c-gc-4","idx":11,"n":11,"text":"11. The Committee highlights the importance of recognizing the differences between exclusion, segregation, integration and inclusion. Exclusion occurs when students are directly or indirectly prevented from or denied access to education in any form. Segregation occurs when the education of students with disabilities is provided in separate environments designed or used to respond to a particular impairment or to various impairments, in isolation from students without disabilities. Integration is the process of placing persons with disabilities in existing mainstream educational institutions with the understanding that they can adjust to the standardized requirements of such institutions.[[fn:4]] Inclusion involves a process of systemic reform embodying changes and modifications in content, teaching methods, approaches, structures and strategies in education to overcome barriers with a vision serving to provide all students of the relevant age range with an equitable and participatory learning experience and the environment that best corresponds to their requirements and preferences. Placing students with disabilities within mainstream classes without accompanying structural changes to, for example, organization, curriculum and teaching and learning strategies, does not constitute inclusion. Furthermore, integration does not automatically guarantee the transition from segregation to inclusion.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":4,"text":"See A/HRC/25/29 and Corr.1, para. 4, and United Nations Children’s Fund (UNICEF), The Right of Children with Disabilities to Education: a Rights-based Approach to Inclusive Education (Geneva, 2012)."}],"section":["II. Normative content of article 24"]},{"id":"crpd-c-gc-4-0012","docId":"crpd-c-gc-4","idx":12,"n":12,"text":"The core features of inclusive education are: (a) A “whole systems” approach: education ministries must ensure that all resources are invested in advancing inclusive education and in introducing and embedding the necessary changes in institutional culture, policies and practices; (b) A “whole educational environment”: the committed leadership of educational institutions is essential for introducing and embedding the culture, policies and practices needed to achieve inclusive education at all levels and in all areas, including in classroom teaching and relationships, board meetings, teacher supervision, counselling services and medical care, school trips, budgetary allocations, any interaction with the parents of learners with and without disabilities and, when applicable, the local community or wider public; (c) A “whole person” approach: recognition is given to the capacity of every person to learn, and high expectations are established for all learners, including learners with disabilities. Inclusive education offers flexible curricula and teaching and learning methods adapted to different strengths, requirements and learning styles. This approach implies the provision of support, reasonable accommodation and early intervention so that all learners are able to fulfil their potential. The focus is on learners’ capacities and aspirations rather than on content when planning teaching activities. The “whole person” approach aims at ending segregation within educational settings by ensuring inclusive classroom teaching in accessible learning environments with appropriate supports. The education system must provide a personalized educational response, rather than expect students to fit the system; (d) Supported teachers: all teachers and other staff receive the education and training they need to give them the core values and competencies to accommodate inclusive learning environments, which include teachers with disabilities. An inclusive culture provides an accessible and supportive environment that encourages working through collaboration, interaction and problem-solving; (e) Respect for and value of diversity: all members of the learning community are equally welcome and must be shown respect for diversity irrespective of disability, race, colour, sex, language, linguistic culture, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status. All students must feel valued, respected, included and listened to. Effective measures to prevent abuse and bullying are in place. Inclusion takes an individual approach to students; (f) A learning-friendly environment: inclusive learning environments are accessible environments where everyone feels safe, supported, stimulated and able to express themselves and where there is a strong emphasis on involving students in building a positive school community. Recognition is afforded to the peer group in learning, building positive relationships, friendships and acceptance; (g) Effective transitions: learners with disabilities receive support to ensure the effective transition from learning at school to vocational and tertiary education and, finally, to work. Learners’ capacities and confidence are developed and learners receive reasonable accommodation, are treated with equality in assessments and examination procedures, and their capacities and attainments are certified on an equal basis with others; (h) Recognition of partnerships: teacher associations, student associations and federations, organizations of persons with disabilities, school boards, parent-teacher associations and other functioning school support groups, both formal and informal, are all encouraged to increase understanding and knowledge of disability. The involvement of parents or caregivers and the community is viewed as an asset that contributes resources and strengths. The relationship between the learning environment and the wider community must be recognized as a route towards inclusive societies; (i) Monitoring: as a continuing process, inclusive education must be monitored and evaluated on a regular basis to ensure that neither segregation nor integration are taking place, either formally or informally. According to article 33, monitoring should involve persons with disabilities, including children and persons with intensive support requirements, through their representative organizations, as well as parents or caregivers of children with disabilities, where appropriate. Disability-inclusive indicators must be developed and used in a manner consistent with the 2030 Agenda for Sustainable Development.","labels":["Indigenous peoples","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"33","source":"regex"}]},{"id":"crpd-c-gc-4-0013","docId":"crpd-c-gc-4","idx":13,"n":13,"text":"13. Consistent with the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and in order to give effect to article 24 (1) of the Convention on the Rights of Persons with Disabilities, States parties must ensure that the right to education is assured without discrimination and on the basis of equality of opportunity. States parties must prohibit all discrimination on the basis of disability and guarantee to all persons with disabilities equal and effective protection against discrimination on all grounds. Persons with disabilities can experience intersectional discrimination on the basis of disability, gender, religion, legal status, ethnic origin, age, sexual orientation or language. In addition, parents, siblings and other relatives can also experience discrimination on grounds of disability by association. The measures needed to address all forms of discrimination include identifying and removing legal, physical, communication and linguistic, social, financial and attitudinal barriers within educational institutions and the community. The right to non-discrimination includes the right not to be segregated and to be provided with reasonable accommodation and must be understood in the context of the duty to provide accessible learning environments and reasonable accommodation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-4-0014","docId":"crpd-c-gc-4","idx":14,"n":14,"text":"14. Situations of armed conflict, humanitarian emergencies and natural disasters have a disproportionate impact on the right to inclusive education. States parties should adopt inclusive disaster risk reduction strategies for comprehensive school safety and security in emergencies that are sensitive to learners with disabilities. Temporary learning environments in such contexts must ensure the right of persons with disabilities, in particular children with disabilities, to education on the basis of equality with others. They must include accessible educational materials, school facilities, counselling and access to training in the local sign language for deaf learners. In accordance with article 11 of the Convention on the Rights of Persons with Disabilities, and given the heightened risk of sexual violence in such settings, measures must be taken to ensure that learning environments are safe and accessible for women and girls with disabilities. Learners with disabilities must not be denied access to educational establishments on the basis that evacuating them in emergency situations would be impossible, and reasonable accommodation must be provided.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"11","source":"regex"}]},{"id":"crpd-c-gc-4-0015","docId":"crpd-c-gc-4","idx":15,"n":15,"text":"15. For article 24 (1) (a) to be realized, and in line with the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child, education must be directed at the full development of the human potential and sense of dignity and self-worth, and the strengthening of respect for human rights and human diversity. States parties must ensure that education conforms to the aims and objectives of the International Covenant on Economic, Social and Cultural Rights as interpreted in the light of the World Declaration on Education for All (art. 1), the Convention on the Rights of the Child (art. 29 (1)), the Vienna Declaration and Programme of Action (Part I, para. 33, and Part II, para. 80) and the Plan of Action for the United Nations Decade for Human Rights Education (para. 2). These texts include additional elements such as references to gender equality and respect for the environment.[[fn:5]] Ensuring the right to education is a matter of access as well as content, and efforts should be directed at upholding a wide range of values, including understanding and tolerance.[[fn:6]] Inclusive education must aim at promoting mutual respect and value for all persons and at building educational environments in which the approach to learning, the culture of the educational institution and the curriculum itself reflect the value of diversity.","labels":["Women/girls","Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":5,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 13."},{"n":6,"text":"Committee on the Rights of the Child, general comment No. 1 (2001) on the aims of education."}],"section":["II. Normative content of article 24"],"citedArticles":[{"article":"24","paragraph":"1","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly states 'For article 24 (1) (a) to be realized' in CRPD GC 4 on inclusive education; art. 24 CRPD."},{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 1 to the World Declaration on Education for All — UNESCO non-binding instrument."},{"article":"29","paragraph":"1","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'the Convention on the Rights of the Child (art. 29 (1))'."}]},{"id":"crpd-c-gc-4-0016","docId":"crpd-c-gc-4","idx":16,"n":16,"text":"16. For article 24 (1) (b) to be implemented, education should be directed to the development of the personality, talents and creativity of persons with disabilities, as well as of their mental, physical and communicational abilities, to their fullest potential. The education of persons with disabilities too often focuses on a deficit approach, on their actual or perceived impairment and on limiting opportunities to pre-defined and negative assumptions of their potential. States parties must support the creation of opportunities to build on the unique strengths and talents of each individual with a disability.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-4-0017","docId":"crpd-c-gc-4","idx":17,"n":17,"text":"17. For article 24 (1) (c) to be realized, the aims of education must be directed at enabling persons with disabilities to participate fully and effectively in a free society. Recalling article 23 (3) of the Convention on the Rights of the Child, the Committee stresses that, regarding children with disabilities, assistance must be provided to ensure that they have effective access to education in a manner conducive to achieving their fullest possible social integration and individual development. States parties must recognize that individual support and reasonable accommodation are priority matters and should be free of charge at all compulsory levels of education.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRC","article":"24","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"23","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-4-0018","docId":"crpd-c-gc-4","idx":18,"n":18,"text":"18. For article 24 (2) (a) to be implemented, the exclusion of persons with disabilities from the general education system should be prohibited, including through any legislative or regulatory provisions that limit their inclusion on the basis of their impairment or the degree of that impairment, such as by conditioning inclusion on the extent of the potential of the individual or by alleging a disproportionate and undue burden to evade the obligation to provide reasonable accommodation. General education means all regular learning environments and the education department. Direct exclusion would be to classify certain students as “non-educable” and thereby ineligible for access to education. Indirect exclusion would be imposing a requirement to pass a common test as a condition for school entry without reasonable accommodations and support.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0019","docId":"crpd-c-gc-4","idx":19,"n":19,"text":"19. For article 4 (1) (b) of the Convention to be implemented, States parties should take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities and that are in violation of article 24. Where necessary, discriminatory laws, regulations, customs and practices should be repealed or amended in a systematic and time-bound manner.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0020","docId":"crpd-c-gc-4","idx":20,"n":20,"text":"20. For article 24 (2) (b) to be realized, persons with disabilities must have access to inclusive, quality and free primary and secondary education and be able to transition smoothly between the two on an equal basis with others in the communities where they live. The Committee draws on the recommendation of the Committee on Economic, Social and Cultural Rights that, to fulfil that obligation, the education system must comprise four interrelated features: availability, accessibility, acceptability and adaptability.[[fn:7]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":7,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 13."}],"section":["II. Normative content of article 24"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0021","docId":"crpd-c-gc-4","idx":21,"n":21,"text":"21. Public and private educational institutions and programmes must be available in sufficient quantity and quality. States parties must guarantee a broad availability of educational places for learners with disabilities at all levels throughout the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Availability"]},{"id":"crpd-c-gc-4-0022","docId":"crpd-c-gc-4","idx":22,"n":22,"text":"22. Consistent with article 9 of the Convention and with the Committee’s general comment No. 2 (2014) on accessibility, educational institutions and programmes must be accessible to everyone, without discrimination. The entire education system must be accessible, including buildings, information and communications tools (comprising ambient or frequency modulation assistive systems), the curriculum, educational materials, teaching methods, assessments and language and support services. The environment of students with disabilities must be designed to foster inclusion and guarantee their equality throughout their education.[[fn:8]] For example, school transportation, water and sanitation facilities (including hygiene and toilet facilities), school cafeterias and recreational spaces should be inclusive, accessible and safe. States parties must commit to the prompt introduction of universal design. States parties should prohibit and sanction the building of any future education infrastructure that is inaccessible and establish an efficient monitoring mechanism and time frame for rendering all existing education environments accessible. States parties must also commit to the provision of reasonable accommodation in education environments when so required. The universal design approach does not exclude the provision of assistive devices, applications and software to those learners with disabilities who may require them. Accessibility is a dynamic concept and its application requires periodic regulatory and technical adjustments. States parties must ensure that the rapid development of innovations and new technologies designed to enhance learning are accessible to all students, including those with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":8,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 2."}],"section":["II. Normative content of article 24","Accessibility"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-4-0023","docId":"crpd-c-gc-4","idx":23,"n":23,"text":"23. The Committee highlights the widespread lack of textbooks and learning materials in accessible formats and languages, including sign language. States parties must invest in the timely development of resources in ink or Braille and in digital formats, including through the use of innovative technology. They should also consider developing standards and guidelines for the conversion of printed material into accessible formats and languages and making accessibility a central aspect of education-related procurement. The Committee calls upon States parties to urgently ratify and implement the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Accessibility"]},{"id":"crpd-c-gc-4-0024","docId":"crpd-c-gc-4","idx":24,"n":24,"text":"24. Accessibility requires that education at all levels be affordable for students with disabilities. Reasonable accommodation should not entail additional costs for learners with disabilities. Compulsory, quality, free and accessible primary education is an immediate obligation. In line with the 2030 Agenda for Sustainable Development, States parties must progressively adopt measures to ensure that all children, including children with disabilities, complete free, equitable and quality secondary education and to ensure equal access for all women and men with disabilities to affordable and quality technical, vocational and tertiary education, including university, and lifelong learning. States parties must ensure that persons with disabilities are able to access education in both public and private academic institutions on an equal basis with others.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Accessibility"]},{"id":"crpd-c-gc-4-0025","docId":"crpd-c-gc-4","idx":25,"n":25,"text":"25. Acceptability is the obligation to design and implement all education-related facilities, goods and services taking fully into account and respecting the requirements, cultures, views and languages of persons with disabilities. The form and substance of education provided must be acceptable to all. States parties must adopt affirmative action measures to ensure that education is of good quality for all.[[fn:9]] Inclusion and quality are reciprocal: an inclusive approach can make a significant contribution to the quality of education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":9,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 13."}],"section":["II. Normative content of article 24","Acceptability"]},{"id":"crpd-c-gc-4-0026","docId":"crpd-c-gc-4","idx":26,"n":26,"text":"26. The Committee encourages States parties to adopt the universal design for learning approach, which consists of a set of principles providing teachers and other staff with a structure for creating adaptable learning environments and developing instruction to meet the diverse needs of all learners. It recognizes that each student learns in a unique manner and involves: developing flexible ways to learn, creating an engaging classroom environment; maintaining high expectations for all students while allowing for multiple ways to meet expectations; empowering teachers to think differently about their own teaching; and focusing on educational outcomes for all, including persons with disabilities. Curricula must be conceived, designed and implemented in such a way as to meet and adjust to the requirements of every student, and provide appropriate educational responses. Standardized assessments must be replaced with flexible and multiple forms of assessments and the recognition of individual progress towards broad goals that provide alternative routes for learning.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0027","docId":"crpd-c-gc-4","idx":27,"n":27,"text":"27. In accordance with article 24 (2) (b) of the Convention, persons with disabilities must be able to attend primary and secondary schools in the communities where they live. Students should not be sent away from home. The educational environment must be within safe physical reach for persons with disabilities and include safe and secure means of transportation; alternatively, it must be accessible through information and communications technologies. However, States parties should avoid relying exclusively on technology as a substitute for the direct involvement of students with disabilities and interaction with teachers and role models within the educational environment. Active participation with other students, including siblings of learners with disabilities, is an important component of the right to inclusive education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0028","docId":"crpd-c-gc-4","idx":28,"n":28,"text":"28. In accordance with article 24 (2) (c), States parties must provide reasonable accommodation to enable individual students to have access to education on an equal basis with others. “Reasonableness” is understood as the result of a contextual test that involves an analysis of the relevance and the effectiveness of the accommodation and the expected goal of countering discrimination. The availability of resources and financial implications is recognized when assessing disproportionate burden. The duty to provide reasonable accommodation is enforceable from the moment a request for such accommodation is made.[[fn:10]] Policies that commit to reasonable accommodation must be adopted at the national, local and educational institution levels, and at all levels of education. The extent to which reasonable accommodation is provided must be considered in the light of the overall obligation to develop an inclusive education system, maximizing the use of existing resources and developing new ones. Using a lack of resources and the existence of financial crises to justify failure to make progress towards inclusive education violates article 24.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":10,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 2."}],"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0029","docId":"crpd-c-gc-4","idx":29,"n":29,"text":"29. The Committee reiterates the distinction between the general accessibility duty and the obligation to provide reasonable accommodation.[[fn:11]] Accessibility benefits groups of the population and is based on a set of standards that are implemented gradually. Disproportionality or undue burden cannot be claimed to defend the failure to provide accessibility. Reasonable accommodation relates to an individual and is complementary to the accessibility duty. An individual can legitimately request reasonable accommodation measures even if the State party has fulfilled its accessibility duty.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":11,"text":"Ibid."}],"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0030","docId":"crpd-c-gc-4","idx":30,"n":30,"text":"30. The definition of what is proportionate will necessarily vary according to context. The availability of accommodations should be considered with respect to a larger pool of educational resources available in the education system and not limited to resources available at the academic institution in question; transfer of resources within the system should be possible. There is no “one size fits all” formula to reasonable accommodation, as different students with the same impairment may require different accommodations. Accommodations may include: changing the location of a class; providing different forms of in-class communication; enlarging print, materials and/or subjects in signs, or providing handouts in an alternative format; and providing students with a note taker or a language interpreter or allowing students to use assistive technology in learning and assessment situations. Provision of non-material accommodations, such as allowing a student more time, reducing levels of background noise (sensitivity to sensory overload), using alternative evaluation methods and replacing an element of the curriculum with an alternative must also be considered. To ensure that the accommodation meets the requirements, will, preferences and choices of students and can be implemented by the institution provider, discussions must take place between the educational authorities and providers, the academic institution, students with disabilities and, depending on the students’ age and capacity, if appropriate, their parents, caregivers or other family members. Provision of reasonable accommodation may not be conditional on a medical diagnosis of impairment and should be based instead on the evaluation of social barriers to education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0031","docId":"crpd-c-gc-4","idx":31,"n":31,"text":"31. The denial of reasonable accommodation constitutes discrimination and the duty to provide reasonable accommodation is immediately applicable and not subject to progressive realization. States parties must ensure that independent systems are in place to monitor the appropriateness and effectiveness of accommodations and provide safe, timely and accessible mechanisms for redress when students with disabilities and, if relevant, their families, consider that they have not been adequately provided or have experienced discrimination. Measures to protect victims of discrimination against victimization during the redress process are essential.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0032","docId":"crpd-c-gc-4","idx":32,"n":32,"text":"32. For article 24 (2) (d) to be implemented, students with disabilities should be entitled to the support they require to facilitate their effective education and enable them to fulfil their potential on an equal basis with others. Support in terms of general availability of services and facilities within the education system should ensure that students with disabilities are able to fulfil their potential to the maximum extent possible, including, for example, the provision of sufficiently trained and supported teaching staff, school counsellors, psychologists and other relevant health and social service professionals, as well as access to scholarships and financial resources.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0033","docId":"crpd-c-gc-4","idx":33,"n":33,"text":"33. For article 24 (2) (e) to be realized, adequate, continuous and personalized support is to be provided directly. The Committee emphasizes the need to provide individualized education plans that can identify the reasonable accommodations and specific support required by individual students, including the provision of assistive compensatory aids, specific learning materials in alternative/accessible formats, modes and means of communication, communication aids and assistive and information technology. Support can also consist of a qualified learning support assistant, either on a shared or on a one-to-one basis, depending on the requirements of the student. Individualized education plans must address the transitions experienced by learners who move from segregated to mainstream settings and between levels of education. The effectiveness of such plans should be regularly monitored and evaluated with the direct involvement of the learner concerned. The nature of the provision must be determined in collaboration with the student, together, where appropriate, with the parents, caregivers or other third parties. The learner must have access to recourse mechanisms if the support is unavailable or inadequate.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0034","docId":"crpd-c-gc-4","idx":34,"n":34,"text":"34. Any support measures provided must be compliant with the goal of inclusion. Accordingly, they must be designed to strengthen opportunities for students with disabilities to participate in the classroom and in out-of-school activities alongside their peers, rather than marginalize them.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0035","docId":"crpd-c-gc-4","idx":35,"n":35,"text":"Regarding article 24 (3), many States parties are failing to make appropriate provision for persons with disabilities, in particular persons on the autism spectrum, those with communication impairments and those with sensory disabilities, to acquire the life, language and social skills essential for participation in education and within their communities: (a) Blind and partially sighted students must be provided with opportunities to learn Braille, alternative script, augmentative and alternative modes, means and formats of communication, as well as orientation and mobility skills. Investment in access to appropriate technology and alternative communication systems to facilitate learning should be supported. Peer support and mentoring schemes should be introduced and encouraged; (b) Deaf and hard-of-hearing students must be provided with the opportunity to learn sign language and measures must be taken to recognize and promote the linguistic identity of the deaf community. The Committee draws the attention of States parties to the Convention against Discrimination in Education, which establishes the right of children to be taught in their own language, and reminds States parties that, in line with article 30 (4) of the Convention on the Rights of Persons with Disabilities, persons with disabilities are entitled, on an equal basis with others, to recognition of and support for their specific cultural and linguistic identity, including sign languages and deaf culture. In addition, hard-of-hearing students must also have access to quality speech therapy services, induction loop technology and captioning; (c) Students who are blind, deaf or deafblind must be provided with education delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize personal, academic and social development both within and outside formal school settings. The Committee emphasizes that, for such inclusive environments to exist, States parties should provide the required support, including by way of resources, assistive technology and orientation and mobility skills; (d) Learners with communication impairments must be provided with the opportunity to express themselves and learn using alternative or augmentative communication. This may include the provision of sign language, low- or high-technology communication aids such as tablets with speech output, voice output communication aids or communication books. States parties should invest in developing expertise, technology and services in order to promote access to appropriate technology and alternative communication systems to facilitate learning; (e) Learners with social communication difficulties must be supported through adaptations to classroom organization, including work in pairs, peer tutoring, seating close to the teacher and the creation of a structured and predictable environment; (f) Learners with intellectual impairments must be provided with concrete, observable/visual and easy-to-read teaching and learning materials within a safe, quiet and structured learning environment, targeting capacities that will best prepare students for independent living and vocational contexts. States parties should invest in inclusive interactive classrooms where use is made of alternative instructional strategies and assessment methods.","labels":["Children","Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"30","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-4-0036","docId":"crpd-c-gc-4","idx":36,"n":36,"text":"36. To realize article 24 (4), States parties are required to take appropriate measures to employ administration, teaching and non-teaching staff with the skills to work effectively in inclusive education environments, qualified in sign language and/or Braille and with orientation and mobility skills. Having an adequate number of qualified and committed school staff is key to the introduction and sustainability of inclusive education. Lack of understanding and capacity remain significant barriers to inclusion. States parties must ensure that all teachers are trained in inclusive education and that that training is based on the human rights model of disability.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-4-0037","docId":"crpd-c-gc-4","idx":37,"n":37,"text":"37. States parties must invest in and support the recruitment and continuous education of teachers with disabilities. This includes removing any legislative or policy barriers requiring candidates to fulfil specific medical eligibility criteria and the provision of reasonable accommodations for their participation as teachers. Their presence will serve to promote equal rights for persons with disabilities to enter the teaching profession, bring unique expertise and skills into learning environments, contribute to breaking down barriers and serve as important role models.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"]},{"id":"crpd-c-gc-4-0038","docId":"crpd-c-gc-4","idx":38,"n":38,"text":"38. To give effect to article 24 (5), States parties should ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. Attitudinal, physical, linguistic, communication, financial, legal and other barriers to education at these levels must be identified and removed in order to ensure equal access. Reasonable accommodation must be provided to ensure that persons with disabilities do not face discrimination. States parties should consider taking affirmative action measures in tertiary education in favour of learners with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["II. Normative content of article 24","Adaptability"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"5","source":"regex"}]},{"id":"crpd-c-gc-4-0039","docId":"crpd-c-gc-4","idx":39,"n":39,"text":"39. States parties should respect, protect and fulfil each of the essential features of the right to inclusive education: availability, accessibility, acceptability and adaptability. The obligation to respect requires avoiding measures that hinder the enjoyment of the right, such as legislation excluding certain children with disabilities from education, or the denial of accessibility or reasonable accommodation. The obligation to protect requires taking measures that prevent third parties from interfering with the enjoyment of the right, for example, parents refusing to send girls with disabilities to school, or private institutions refusing to enroll persons with disabilities on the basis of their impairment. The obligation to fulfil requires taking measures that enable and assist persons with disabilities to enjoy the right to education, for example, ensuring that educational institutions are accessible and that education systems are adapted appropriately with resources and services.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-4-0040","docId":"crpd-c-gc-4","idx":40,"n":40,"text":"40. Article 4 (2) requires that States parties take measures to the maximum of their available resources regarding economic, social and cultural rights and, where needed, within a framework of international cooperation, with a view to achieving progressively the full realization of those rights. Progressive realization means that States parties have a specific and continuing obligation to move as expeditiously and effectively as possible towards the full realization of article 24.[[fn:12]] This is not compatible with sustaining two systems of education: a mainstream education system and a special/segregated education system. Progressive realization must be read in conjunction with the overall objective of the Convention to establish clear obligations for States parties in respect of the full realization of the rights in question. Similarly, States parties are encouraged to redefine budgetary allocations for education, including by transferring part of their budgets to the development of inclusive education. Any deliberately retrogressive measures in that regard must not disproportionately target learners with disabilities at any level of education.[[fn:13]] They must be only a temporary measure limited to the period of crisis, be necessary and proportionate, not be discriminatory and comprise all possible measures to mitigate inequalities.[[fn:14]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":12,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of States parties’ obligations, para. 9."},{"n":13,"text":"Ibid."},{"n":14,"text":"Letter dated 16 May 2012 by the Chair of the Committee on Economic, Social and Cultural Rights addressed to States parties to the International Covenant on Economic, Social and Cultural Rights."}],"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0041","docId":"crpd-c-gc-4","idx":41,"n":41,"text":"Progressive realization does not prejudice those obligations that are immediately applicable. As the Committee on Economic, Social and Cultural Rights has stated in its general comment No. 3 (1990) on the nature of States parties’ obligations, States parties have a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each aspect of the right to education.[[fn:15]] Therefore, States parties should implement the following core rights with immediate effect: (a) Non-discrimination in all aspects of education and encompassing all internationally prohibited grounds of discrimination. States parties must ensure non-exclusion from education for persons with disabilities and eliminate structural disadvantages to achieve effective participation and equality for all persons with disabilities. They must urgently take steps to remove all legal, administrative and other forms of discrimination impeding the right of access to inclusive education. The adoption of affirmative action measures does not constitute a violation of the right to non-discrimination with regard to education, so long as such measures do not lead to the maintenance of unequal or separate standards for different groups; (b) Reasonable accommodations to ensure non-exclusion from education for persons with disabilities. Failure to provide reasonable accommodation constitutes discrimination on the ground of disability; (c) Compulsory, free primary education available to all. States parties must take all appropriate measures to guarantee that right, on the basis of inclusion, to all children and youth with disabilities. The Committee urges States parties to ensure access to and completion of quality education for all children and youth to at least 12 years of free, publicly funded, inclusive and equitable quality primary and secondary education, of which at least nine years are compulsory, as well as access to quality education for out-of-school children and youth through a range of modalities, as outlined in the Education 2030 Framework for Action.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":15,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 3."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-4-0042","docId":"crpd-c-gc-4","idx":42,"n":42,"text":"42. States parties must adopt and implement a national educational strategy that includes the provision of education at all levels for all learners, on a basis of inclusion and equality of opportunity. The educational objectives set out in article 24 (1) place equivalent obligations on States parties and must therefore be regarded on a comparable basis of immediacy.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"24","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-4-0043","docId":"crpd-c-gc-4","idx":43,"n":43,"text":"43. With regard to international cooperation, and in line with Sustainable Development Goal 4 and the Education 2030 Framework for Action, all bilateral and multilateral cooperation must aim to advance inclusive and equitable quality education and promote lifelong learning opportunities for all, including support for capacity-building, information-sharing and the exchange of best practices, research, technical and economic assistance, and access to accessible and assistive technologies. All data collected and all international assistance spent on education should be disaggregated by impairment. Consideration of an international coordination mechanism on inclusive education to implement Goal 4 and to build evidence will contribute to a better policy dialogue and to monitoring progress.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-4-0044","docId":"crpd-c-gc-4","idx":44,"n":44,"text":"44. States parties must recognize the indivisibility and interdependence of all human rights. Education is integral to the full and effective realization of other rights.[[fn:16]] Conversely, the right to inclusive education can only be realized if certain other rights are implemented. Moreover, the right to inclusive education must be underpinned by the creation of inclusive environments throughout society. This will require the adoption of the human rights model of disability, which recognizes the obligation to remove societal barriers that serve to exclude and marginalize persons with disabilities and the need to adopt measures to ensure implementation of the rights set out below.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":16,"text":"Ibid., general comment No. 11 (1999) on plans of action for primary education and general comment No. 13."}],"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-4-0045","docId":"crpd-c-gc-4","idx":45,"n":45,"text":"45. Article 5 enshrines the principle of equal protection of all persons before and under the law. States parties must prohibit all disability-based discrimination and provide persons with disabilities effective and equal protection against discrimination on all grounds. To address systemic and structural discrimination and to ensure “equal benefit of the law”, States parties must take affirmative action measures, such as removing architectural and communicative or other barriers to mainstream education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-4-0046","docId":"crpd-c-gc-4","idx":46,"n":46,"text":"46. Article 6 recognizes that women and girls with disabilities are subject to multiple discrimination and that States parties must adopt measures to ensure the equal enjoyment of their rights. Intersectional discrimination and exclusion pose significant barriers to the realization of the right to education for women and girls with disabilities. States parties must identify and remove those barriers, including gender-based violence and the lack of value placed on the education of women and girls, and put in place specific measures to ensure that the right to education is not impeded by gender and/or disability discrimination, stigma or prejudice. Harmful gender and/or disability stereotypes in textbooks and curricula must be eliminated. Education plays a vital role in combating traditional notions of gender that perpetuate patriarchal and paternalistic societal frameworks.[[fn:17]] States parties must ensure access for and the retention of girls and women with disabilities in education and rehabilitation services, as instruments for their development, advancement and empowerment.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":17,"text":"Committee on the Elimination of Discrimination against Women, “Concept note on the draft general recommendation on girls’/women’s right to education” (2014)."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-4-0047","docId":"crpd-c-gc-4","idx":47,"n":47,"text":"47. Article 7 asserts that, in all actions concerning children with disabilities, the best interests of the child shall be a primary consideration. The concept of best interests is aimed at ensuring the full and effective enjoyment by the child of all human rights and the child’s holistic development.[[fn:18]] Any determination of the best interests of a child with a disability must consider the child’s own views and individual identity, the preservation of the family, care, protection and safety of the child, any particular vulnerability, and the child’s right to health and education. The Convention on the Rights of the Child affirms that the best interests of the child must be the basis on which education policies and provisions are determined. Article 7 (3) further asserts that children with disabilities have the right to express their views and that their views on all matters affecting them should be given due weight, in accordance with their age and maturity, on an equal basis with other children, and that they must be provided with disability- and age-appropriate assistance. Guaranteeing the right of children to participate in their education must be applied equally to children with disabilities, in their own learning and individualized education plans, within the classroom pedagogy, through school councils, in the development of school policies and systems, and in the development of the wider educational policy.[[fn:19]]","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":18,"text":"Committee on the Rights of the Child, general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration."},{"n":19,"text":"Ibid., general comment No. 12 (2009) on the right of the child to be heard."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRC","article":"7","source":"regex"},{"treaty":"CRC","article":"7","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-4-0048","docId":"crpd-c-gc-4","idx":48,"n":48,"text":"48. Article 8 calls for measures to raise awareness and challenge stereotypes, prejudices and harmful practices relating to persons with disabilities, targeting in particular practices affecting women and girls with disabilities, persons with intellectual disabilities and persons with intensive support requirements. Stereotypes, prejudices and harmful practices constitute barriers that impede both access to and effective learning within the education system. The Committee notes the practice of some parents removing their children with disabilities from inclusive schools, on the basis of a lack of awareness and understanding of the nature of disability. States parties must adopt measures to build a culture of diversity, participation and involvement in community life and to highlight inclusive education as a means of achieving a quality education for all students, with and without disabilities, parents, teachers and school administrations, as well as the community and society. States parties must ensure that mechanisms are in place to foster, at all levels of the education system and among parents and the wider public, an attitude of respect for the rights of persons with disabilities. Civil society, in particular organizations representing persons with disabilities, should be involved in all awareness-raising activities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"8","source":"regex"}]},{"id":"crpd-c-gc-4-0049","docId":"crpd-c-gc-4","idx":49,"n":49,"text":"49. Articles 9 and 24 are closely interconnected. Accessibility is a precondition for the full and equal participation of persons with disabilities in society. Persons with disabilities cannot effectively enjoy their right to inclusive education without an accessible built environment, including schools and all other places of education, and without accessible public transport, services, information and communications technologies. Modes and means of teaching should be accessible and teaching should be conducted in accessible environments. The whole environment in which students with disabilities learn must be designed in such a way as to foster inclusion. Inclusive education is also a powerful tool for the promotion of accessibility and universal design.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0050","docId":"crpd-c-gc-4","idx":50,"n":50,"text":"50. The Committee calls States parties’ attention to its general comment No. 1 (2014) on equal recognition before the law and stresses that inclusive education provides students with disabilities, in particular those with psychosocial or intellectual impairments, with an opportunity to express their will and preferences. States parties must ensure that inclusive education supports learners with disabilities in building their confidence to exercise legal capacity, providing the necessary support at all educational levels, including to diminish future requirements for support if they so wish.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-4-0051","docId":"crpd-c-gc-4","idx":51,"n":51,"text":"51. Persons with disabilities, in particular women and girls with disabilities, can be disproportionately affected by violence and abuse, including physical and humiliating punishments by educational personnel, for example through the use of restraints and seclusion and bullying by others in and en route to school. To give effect to article 16 (2), States parties are required to take all appropriate measures to provide protection from and prevent all forms of exploitation, violence and abuse, including sexual violence, against persons with disabilities. Such measures must be age-, gender- and disability-sensitive. The Committee strongly endorses the recommendations of the Committee on the Rights of the Child, the Human Rights Committee and the Committee on Economic, Social and Cultural Rights that States parties prohibit all forms of corporal punishment and cruel, inhuman and degrading treatment in all settings, including schools, and ensure effective sanctions against perpetrators.[[fn:20]] It encourages schools and other educational centres to involve students, including students with disabilities, in the development of policies, including accessible protection mechanisms, to address disciplinary measures and bullying, including cyberbullying, which is increasingly recognized as a growing feature of the lives of students, in particular children.","labels":["Women/girls","Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":20,"text":"Ibid., general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"16","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-4-0052","docId":"crpd-c-gc-4","idx":52,"n":52,"text":"52. Inclusive education requires recognition of the right of persons with disabilities to live within the community and enjoy inclusion and participation in the community (art. 19). It also demands recognition of the equal right of persons with disabilities to a family life or, failing that, to alternative care within a community setting (art. 23). Children in the care of the State party, residing for example in foster care or care homes, must be ensured the right to inclusive education and the right to appeal against decisions of the State party that deny them the right to inclusive education. Too many persons with disabilities live in long-term institutional care, without access to community-based services, including education, consistent with their right to, inter alia, family life, community living, freedom of association, protection from violence and access to justice. The introduction of inclusive education in the local community must take place alongside a strategic commitment to ending the practice of placing persons with disabilities in institutions (see para. 66 below). States parties should note the role that exercising the right to inclusive education will play in building the strengths, skills and competencies necessary for all persons with disabilities to enjoy, benefit from and contribute to their local communities.","labels":["Children","Persons with disabilities","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"23","source":"regex"}]},{"id":"crpd-c-gc-4-0053","docId":"crpd-c-gc-4","idx":53,"n":53,"text":"53. For inclusive education to be realized effectively, persons with disabilities must be guaranteed personal mobility on an independent basis (art. 20). Where transportation is not readily available and where there are no personal assistants to support access to educational institutions, persons with disabilities, in particular blind and visually impaired persons, must be given adequate training in mobility skills to promote greater independence. States parties should also provide persons with disabilities with the opportunity to acquire mobility aids and appliances at an affordable cost.","labels":["Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"20","source":"regex"}]},{"id":"crpd-c-gc-4-0054","docId":"crpd-c-gc-4","idx":54,"n":54,"text":"54. Fulfilment of the right of persons with disabilities to enjoy the highest possible standard of health without discrimination (art. 25) is integral to the opportunity to benefit fully from education. The ability to attend educational environments and to learn effectively is seriously compromised if there is no access to health or to appropriate treatment and care. States parties should establish health, hygiene and nutrition programmes with a gender perspective that are integrated into education services and allow for the continual monitoring of all health needs. Such programmes should be developed on the principles of universal design and accessibility, provide regular school nurse visits and health screenings, and build community partnerships. Persons with disabilities, on an equal basis with others, must be provided with age-appropriate, comprehensive and inclusive sexuality education, based on scientific evidence and human rights standards, and in accessible formats.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"25","source":"regex"}]},{"id":"crpd-c-gc-4-0055","docId":"crpd-c-gc-4","idx":55,"n":55,"text":"55. States parties must take effective measures to provide habilitation and rehabilitation services within the education system, including health-care, occupational, physical, social, counselling and other services (art. 26). Such services must begin at the earliest stage possible, be based on a multidisciplinary assessment of a student’s strengths and support maximum independence, autonomy, respect of dignity, full physical, mental, social and vocational ability and inclusion and participation in all aspects of life. The Committee stresses the significance of supporting the development of community-based rehabilitation that addresses early identification and encourages peer support.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"26","source":"regex"}]},{"id":"crpd-c-gc-4-0056","docId":"crpd-c-gc-4","idx":56,"n":56,"text":"56. Quality inclusive education must prepare persons with disabilities for work life through the acquisition of the knowledge, skills and confidence necessary for participation in the open labour market and in an open, inclusive and accessible work environment (art. 27).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-4-0057","docId":"crpd-c-gc-4","idx":57,"n":57,"text":"57. Full participation in political and public life is enhanced through the realization of the right to inclusive education. Curricula for all students must include the topic of citizenship and the skills of self-advocacy and self-representation as a fundamental basis for participation in political and societal processes. Public affairs include forming and participating in student organizations such as student unions and States parties should promote the creation of an environment in which persons with disabilities can form, join and effectively and fully participate in such student organizations through the forms of communication and language of their choice (art. 29).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-4-0058","docId":"crpd-c-gc-4","idx":58,"n":58,"text":"58. States parties must remove barriers and promote accessibility and availability of inclusive opportunities for persons with disabilities to participate on an equal basis with others in play, recreation and sports in the school system and in extracurricular activities, including in other educational environments (art. 30).[[fn:21]] Appropriate measures must be in place within the educational environment to ensure opportunities for persons with disabilities to access cultural life and to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit but also for the enrichment of society. Such measures must ensure that persons with disabilities are entitled to recognition of their specific cultural and linguistic identity, including sign languages and deaf culture.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":21,"text":"Ibid., general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-4-0059","docId":"crpd-c-gc-4","idx":59,"n":59,"text":"59. The Committee has identified a number of challenges facing States parties in the implementation of article 24. In order to implement and sustain an inclusive education system for all persons with disabilities, the measures below need to be addressed at the national level.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0060","docId":"crpd-c-gc-4","idx":60,"n":60,"text":"60. Responsibility for the education at all levels of persons with disabilities, as well as for the education of others, must rest with the education ministry. In many countries, the education of persons with disabilities is currently marginalized within ministries of social welfare or health, which has resulted in, inter alia, exclusion from mainstream legislation, policies, planning and resourcing for education, lower levels of per capita investment in the education of persons with disabilities, a lack of overarching and coherent structures to support inclusive education, a lack of integrated data collection on enrolment, retention and attainment, and a failure to develop inclusive teacher education. States parties must urgently take measures to put the education of learners with disabilities under the competence of the ministry of education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0061","docId":"crpd-c-gc-4","idx":61,"n":61,"text":"61. States parties must ensure a comprehensive and intersectoral commitment to inclusive education throughout the government. Inclusive education cannot be realized by education ministries in isolation. All relevant ministries and commissions with responsibilities that cover substantive articles of the Convention must commit to and align their understanding of the implications of an inclusive education system in order to achieve an integrated approach and to work collaboratively towards a shared agenda. Accountability measures for all ministries involved must be put into place to uphold such commitments. Partnerships should also be forged with service providers, organizations representing persons with disabilities, the media, civil society organizations, local authorities, student associations and federations, universities and teacher education colleges.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0062","docId":"crpd-c-gc-4","idx":62,"n":62,"text":"62. States parties, at every level, must implement or introduce legislation based on the human rights model of disability that fully complies with article 24. The Committee recalls that article 4 (5) requires federal States to ensure that article 24 is implemented, without limitations or exceptions, in all parts of the State party.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"5","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0063","docId":"crpd-c-gc-4","idx":63,"n":63,"text":"A comprehensive and coordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. Such a framework must address issues of flexibility, diversity and equality in all educational institutions for all learners and identify responsibilities at all levels of government. Key elements will include: (a) Compliance with international human rights standards; (b) A clear definition of inclusion and the specific objectives it seeks to achieve at all educational levels. Inclusion principles and practices must be considered as integral to reform, and not simply as an add-on programme; (c) A substantive right to inclusive education as a key element of the legislative framework. Provisions that define certain categories of students as “uneducable”, for example, must be repealed; (d) A guarantee for students with and without disabilities to the same right to access inclusive learning opportunities within the general education system and, for individual learners, to the necessary support services at all levels; (e) A requirement for all new schools to be designed and built following the principle of universal design through accessibility standards, together with a time frame for adapting existing schools in line with the Committee’s general comment No. 2. The use of public procurement to implement this element is encouraged; (f) The introduction of comprehensive quality standards for inclusive education and disability-inclusive monitoring mechanisms to track progress in implementation at all levels and ensure that policies and programmes are implemented and backed by the requisite investment; (g) The introduction of accessible monitoring mechanisms to ensure the implementation of policies and the provision of the requisite investment; (h) Recognition of the need for reasonable accommodations to support inclusion, based on human rights standards rather than on the efficient use of resources, together with sanctions for failure to provide reasonable accommodation; (i) The clear statement, in all legislation with the potential to have an impact on inclusive education, that inclusion is a concrete goal; (j) A consistent framework for the early identification, assessment and support required to enable persons with disabilities to flourish in inclusive learning environments; (k) The obligation for local authorities to plan and provide for all learners, including persons with disabilities, within inclusive settings and classes, including in the most appropriate languages, accessible formats and modes and means of communication; (l) Legislation to guarantee to all persons with disabilities, including children with disabilities, the right to be heard and to have their opinion be given due consideration within the education system, including through school councils, governing bodies, local and national governments, and mechanisms through which to challenge and appeal decisions concerning education; (m) The creation of partnerships and coordination between all stakeholders, including persons with disabilities through their representative organizations, different agencies, development organizations, non-governmental organizations and parents or caregivers.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0064","docId":"crpd-c-gc-4","idx":64,"n":64,"text":"64. Legislation must be supported by an education sector plan, developed in consultation with organizations of persons with disabilities, including children with disabilities, and detailing the process for the implementation of an inclusive education system. It should contain a time frame and measurable goals, including measures to ensure consistency. The plan should be informed by a comprehensive analysis of the current context pertaining to inclusive education in order to provide a baseline from which to progress, including data on, for example, current budgetary allocations, quality of data collection methods, numbers of children with disabilities out of school, challenges and barriers, existing laws and policies, key concerns of persons with disabilities, families and the State party.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0065","docId":"crpd-c-gc-4","idx":65,"n":65,"text":"65. States parties must introduce independent, effective, accessible, transparent, safe and enforceable complaints mechanisms and legal remedies in cases of violations of the right to education. Persons with disabilities must have access to justice systems that understand how to accommodate persons with disabilities and are capable of addressing disability-based claims. States parties must also ensure that information about the right to education and about how to challenge a denial or violation of that right must be widely disseminated and publicized to persons with disabilities, with the involvement of their representative organizations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0066","docId":"crpd-c-gc-4","idx":66,"n":66,"text":"66. Inclusive education is incompatible with institutionalization. States parties must engage in a well-planned and structured process of de-institutionalization of persons with disabilities. Such a process must address: a managed transition setting out a defined time frame for the transition; the introduction of a legislative requirement to develop community based provision; the re-direction of funds and the introduction of multidisciplinary frameworks to support and strengthen community-based services; the provision of support for families; and collaboration and consultation with organizations representing persons with disabilities, including children with disabilities, as well as parents or caregivers. Pending the process of de-institutionalization, persons in institutional care settings should be given access to inclusive education with immediate effect by linking them with inclusive academic institutions in the community.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0067","docId":"crpd-c-gc-4","idx":67,"n":67,"text":"67. Early childhood interventions can be particularly valuable for children with disabilities, serving to strengthen their capacity to benefit from education and promoting their enrolment and attendance. All such interventions must guarantee respect for the dignity and autonomy of the child. In line with the 2030 Agenda for Sustainable Development, including Sustainable Development Goal 4, States parties are urged to ensure access to quality early childhood development, care and pre-primary education, together with the provision of support and training to parents and caregivers of young children with disabilities. If identified and supported early, young children with disabilities are more likely to transition smoothly into pre-primary and primary inclusive education settings. States parties must ensure coordination between all relevant ministries, authorities and bodies as well as organizations of persons with disabilities and other non-governmental partners.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0068","docId":"crpd-c-gc-4","idx":68,"n":68,"text":"68. In accordance with article 31, States parties must collect appropriate disaggregated data to formulate policies, plans and programmes to fulfil their obligations under article 24. They must introduce measures to address the lack of accurate data on prevalence of persons with different impairments, as well as the lack of sufficient quality research and data relating to access to, permanence in and progress within education, provision of reasonable accommodation and the associated outcomes. Census, survey and administrative data, including data from the Education Management Information System, must capture information on students with disabilities, including those still living in institutional settings. States parties should also gather disaggregated data and evidence on the barriers that prevent persons with disabilities from having access to, remaining in and making progress in inclusive quality education to enable the adoption of effective measures to dismantle such barriers. Strategies must be adopted to overcome the exclusion of persons with disabilities from standard quantitative and qualitative data-gathering mechanisms, including when it results from parents’ reluctance to admit the existence of a child with a disability, the lack of birth registration and invisibility within institutions.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"31","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-4-0069","docId":"crpd-c-gc-4","idx":69,"n":69,"text":"69. States parties must commit sufficient financial and human resources throughout the development of an education sector plan and of cross-sectoral plans to support the implementation of inclusive education, consistent with the principle of progressive realization. States parties must reform their governance systems and financing mechanisms to ensure the right to education of all persons with disabilities. They should also allocate budgets using mechanisms available under public procurement processes and partnerships with the private sector. These allocations must prioritize, inter alia, ensuring adequate resources for rendering existing educational settings accessible in a time-bound manner, investing in inclusive teacher education, making available reasonable accommodations, providing accessible transport to school, making available appropriate and accessible text books, teaching and learning materials, providing assistive technologies and sign language, and implementing awareness-raising initiatives to address stigma and discrimination, in particular bullying in educational settings.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0070","docId":"crpd-c-gc-4","idx":70,"n":70,"text":"70. The Committee urges States parties to transfer resources from segregated to inclusive environments. States parties should develop a funding model that allocates resources and incentives for inclusive educational environments to provide the necessary support to persons with disabilities. The determination of the most appropriate approach to funding will be informed to a significant degree by the existing educational environment and the requirements of potential learners with disabilities who are affected by it.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0071","docId":"crpd-c-gc-4","idx":71,"n":71,"text":"71. A process of educating all teachers at preschool, primary, secondary, tertiary and vocational education levels must be initiated to provide them with the core competencies and values necessary to work in inclusive educational environments. Such a process requires adaptations to both pre- and in-service training to achieve the appropriate skill levels in the shortest time possible, to facilitate the transition to an inclusive education system. All teachers must be provided with dedicated units/modules to prepare them to work in inclusive settings, as well as practical experiential learning settings where they can build the skills and confidence to solve problems through diverse inclusion challenges. The core content of teacher education must address a basic understanding of human diversity, growth and development, the human rights model of disability and inclusive pedagogy that enables teachers to identify students’ functional abilities (strengths, abilities and learning styles) to ensure their participation in inclusive educational environments. Teacher education should include learning about the use of appropriate augmentative and alternative modes, means and formats of communication such as Braille, large print, accessible multimedia, easyread, plain language, sign language and deaf culture, educational techniques and materials to support persons with disabilities. In addition, teachers need practical guidance and support in, among others: the provision of individualized instruction; teaching the same content using varied teaching methods to respond to the learning styles and unique abilities of each person; the development and use of individual educational plans to support specific learning requirements; and the introduction of a pedagogy centred on students’ educational objectives.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0072","docId":"crpd-c-gc-4","idx":72,"n":72,"text":"72. Inclusive education requires a support and resource system for teachers in educational institutions at all levels. Such a system might include partnerships between neighbouring educational institutions, including universities, promoting collaborative practices, including team teaching, study groups, joint student assessment processes, peer support and exchange visits, as well as partnerships with civil society. Parents and caregivers of students with disabilities can, where appropriate, serve as partners in the development and implementation of learning programmes, including individualized education plans. They can play a significant role in advising and supporting teachers in the provision of support to individual students, but must never be a pre-requisite for admission into the education system. States parties should utilize all possible sources of support for teachers, including organizations representing persons with disabilities, learners with disabilities and local community members who can contribute significantly in the form of peer mentoring, partnering and problem-solving. Their involvement provides an additional resource in the classroom and serves to build links with local communities, breaking down barriers and rendering teachers more responsive and sensitive to strengths and requirements of students with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0073","docId":"crpd-c-gc-4","idx":73,"n":73,"text":"73. Authorities at all levels must have the capacity, commitment and resources to implement laws, policies and programmes to support inclusive education. States parties must ensure the development and delivery of training to inform all relevant authorities of their responsibilities under the law and to increase understanding of the rights of persons with disabilities. The skills, knowledge and understanding necessary to implement inclusive education policies and practices include: understanding of the concept of the right to an inclusive education and its aims, knowledge of the relevant international and national legislation and policies, development of local inclusive education plans, collaboration and partnerships, support, guidance and supervision of local educational institutions, monitoring and evaluation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0074","docId":"crpd-c-gc-4","idx":74,"n":74,"text":"74. Quality inclusive education requires methods of appraising and monitoring students’ progress that considers the barriers faced by students with disabilities. Traditional systems of assessment, which use standardized achievement test scores as the sole indicator of success for both students and schools, may disadvantage students with disabilities. The emphasis should be on individual progress towards broad goals. With appropriate teaching methodologies, support and accommodations, all curricula can be adapted to meet the needs of all students, including those with disabilities. Inclusive student assessment systems can be strengthened through a system of individualized supports.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-4-0075","docId":"crpd-c-gc-4","idx":75,"n":75,"text":"75. In compliance with article 33, and to measure progress on the realization of the right to education through the establishment of an inclusive education system, States parties must develop monitoring frameworks with structural, process and outcome indicators, and specific benchmarks and targets for each indicator, consistent with Sustainable Development Goal 4.[[fn:22]] Persons with disabilities, through their representative organizations, should be involved in both the determination of the indicators and in the collection of data and statistics. Structural indicators should measure barriers to inclusive education and not be limited merely to collecting data disaggregated by impairment. Process indicators, such as on changes to the accessibility of physical environments, curriculum adaptations or teacher training, will make it possible to monitor the progress of the transformation. Outcome indicators such as the percentage of students with disabilities in inclusive learning environments obtaining final official certification or diplomas or the percentage of students with disabilities admitted to secondary education, must also be established. States parties should also consider measuring the quality of education through, for example, the five dimensions recommended by UNESCO: respect for rights, equity, relevance, pertinence, efficiency and efficacy. Monitoring affirmative action measures such as quotas or incentives may also be considered.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"footnotes":[{"n":22,"text":"Office of the United Nations High Commissioner for Human Rights, Human Rights Indicators: a Guide to Measurement and Implementation (New York and Geneva, 2012)."}],"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"33","source":"regex"}]},{"id":"crpd-c-gc-4-0076","docId":"crpd-c-gc-4","idx":76,"n":76,"text":"76. The Committee notes the growth in many countries of private-sector education. States parties must recognize that the right to inclusive education extends to the provision of all education, not merely that provided by public authorities. States parties must adopt measures that protect against infringements of rights by third parties, including the business sector. Regarding the right to education, such measures must address the obligation to guarantee the provision of inclusive education and involve, as necessary, legislation and regulation, monitoring, oversight, enforcement and the adoption of policies to frame how business enterprises can have an impact on the effective enjoyment and exercise of rights by persons with disabilities. Educational institutions, including private educational institutions and enterprises, should not charge additional fees for integrating accessibility and/or reasonable accommodation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2016,"section":["V. Implementation at the national level"]},{"id":"crpd-c-gc-5-0001","docId":"crpd-c-gc-5","idx":1,"n":1,"text":"1. Persons with disabilities have historically been denied their personal and individual choice and control across all areas of their lives. Many have been presumed to be unable to live independently in their self-chosen communities. Support is either unavailable or tied to particular living arrangements, and community infrastructure is not universally designed. Resources are invested in institutions instead of in developing possibilities for persons with disabilities to live independently in the community. This has led to abandonment, dependence on family, institutionalization, isolation and segregation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"]},{"id":"crpd-c-gc-5-0002","docId":"crpd-c-gc-5","idx":2,"n":2,"text":"2. Article 19 of the Convention on the Rights of Persons with Disabilities recognizes the equal right of all persons with disabilities to live independently and be included in the community, with the freedom to choose and control their lives. The foundation of the article is the core human rights principle that all human beings are born equal in dignity and rights and all life is of equal worth.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0003","docId":"crpd-c-gc-5","idx":3,"n":3,"text":"3. Article 19 emphasizes that persons with disabilities are subjects of rights and are rights holders. The general principles of the Convention (art. 3), particularly respect for the individual’s inherent dignity, autonomy and independence (art. 3 (a)) and the full and effective participation and inclusion in society (art. 3 (c)), are the foundation of the right to live independently and be included in the community. Other principles enshrined in the Convention are also essential to interpret and apply article 19.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0004","docId":"crpd-c-gc-5","idx":4,"n":4,"text":"4. Independent living and inclusive life in the community are ideas that historically stemmed from persons with disabilities asserting control over the way they want to live by creating empowering forms of support such as personal assistance and requesting that community facilities be in line with universal design principles.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"]},{"id":"crpd-c-gc-5-0005","docId":"crpd-c-gc-5","idx":5,"n":5,"text":"5. In the preamble to the Convention, States parties recognize that many persons with disabilities live in poverty and stress the need to address the impact of poverty. The cost of social exclusion is high as it perpetuates dependency and thus interference with individual freedoms. Social exclusion also engenders stigma, segregation and discrimination, which can lead to violence, exploitation and abuse in addition to negative stereotypes that feed into a cycle of marginalization of persons with disabilities. Policies and concrete plans of action for social inclusion of persons with disabilities, including through the promotion of their right to independent living (art. 19), represent a cost-effective mechanism to ensure the enjoyment of rights, sustainable development and a reduction in poverty.","labels":["Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0006","docId":"crpd-c-gc-5","idx":6,"n":6,"text":"6. The present general comment aims at assisting States parties in their implementation of article 19 and fulfilling their obligations under the Convention. It concerns primarily the obligation to ensure every individual’s enjoyment of the right to live independently and be included in the community, but it is also related to other provisions of the Convention. Article 19 is one of the widest ranging and most intersectional articles of the Convention and has to be considered as integral to the full implementation of the Convention.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0007","docId":"crpd-c-gc-5","idx":7,"n":7,"text":"7. Article 19 entails civil and political as well as economic, social and cultural rights and is an example of the interrelation, interdependence and indivisibility of all human rights. The right to live independently and be included in the community can only be realized if all economic, civil, social and cultural rights enshrined in this norm are fulfilled. International human rights law imposes obligations which are of immediate effect and others which may be realized progressively.[[fn:1]] Full realization also requires structural changes that may need to be taken in stages, whether civil and political or social, economic and cultural rights are at stake.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":1,"text":"See Committee on Economic, Social and Cultural Rights , general comment No. 3 (1990) on the nature of States parties’ obligations 3, paras. 1-2."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0008","docId":"crpd-c-gc-5","idx":8,"n":8,"text":"8. Article 19 reflects the diversity of cultural approaches to human living and ensures that its content is not biased towards certain cultural norms and values. Living independently and being included in the community is a basic concept of human living around the globe and is applied to the context of disability. It means exercising freedom of choice and control over decisions affecting one’s life with the maximum level of self-determination and interdependence within society. This right must be effectively realized in different economic, social, cultural and political contexts. The right to live independently and be included in the community refers to all persons with disabilities, irrespective of race; colour; descent; sex; pregnancy and maternity; civil, family or carer situation; gender identity; sexual orientation; language; religion; political or other opinion; national, ethnic, indigenous or social origin; migrant, asylum-seeking or refugee status; belonging to a national minority, economic or property status; health status; genetic or other predisposition towards illness; birth and age, or any other, status.","labels":["Refugees & asylum-seekers","Indigenous peoples","Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0009","docId":"crpd-c-gc-5","idx":9,"n":9,"text":"9. The right contained in article 19 is deeply rooted within international human rights law. The Universal Declaration of Human Rights stresses in article 29 (1) the interdependence of an individual’s personal development and the social aspect of being a part of the community: “Everyone has duties to the community in which alone the free and full development of his personality is possible.” Article 19 has its roots in civil and political as well as economic, social and cultural rights: the right to liberty of movement and freedom to choose one’s residence (article 12 of the International Covenant on Civil and Political Rights) and the right to an adequate standard of living, including adequate clothing, food and housing (article 11 of the International Covenant on Economic, Social and Cultural Rights), and to basic communication rights form the basis for the right to live independently and be included in the community. Liberty of movement, an adequate standard of living as well as the ability to understand and have one’s preferences, choices and decisions understood form indispensable conditions for human dignity and the free development of a person.[[fn:2]]","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":2,"text":"See Universal Declaration of Human Rights, art. 22; Human Rights Committee, general comment No. 27 (1997) on freedom of movement, para. 1; Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on adequate housing, para. 7."}],"section":["I. Introduction"],"citedArticles":[{"article":"19","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Opening sentence of CRPD GC 5, which is the GC on art. 19 CRPD (living independently)."},{"article":"29","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'The Universal Declaration of Human Rights stresses in article 29 (1)' — UDHR is non-binding."},{"article":"19","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Second 'Article 19' reference, still the CRPD GC 5 subject provision."},{"article":"12","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 12 of the International Covenant on Civil and Political Rights' (freedom of movement)."},{"article":"11","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 11 of the International Covenant on Economic, Social and Cultural Rights' (adequate standard of living)."}]},{"id":"crpd-c-gc-5-0010","docId":"crpd-c-gc-5","idx":10,"n":10,"text":"10. The Convention on the Elimination of All Forms of Discrimination against Women emphasizes the equality of women and men and condemns discrimination against women in all its forms (art. 1). The Convention reaffirms the equality between women and men concerning legal matters, including legal capacity and opportunities to exercise that capacity (art. 15 (2)). It also requests States parties to recognize the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile (art. 15 (4)).","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CEDAW","article":"1","source":"regex"},{"treaty":"CEDAW","article":"15","paragraph":"2","source":"regex"},{"treaty":"CEDAW","article":"15","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-5-0011","docId":"crpd-c-gc-5","idx":11,"n":11,"text":"11. Article 9 (1) of the Convention on the Rights of the Child requires States parties to “ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interest of the child”. States parties to this Convention “shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities”, as guaranteed by article 18 (2). In addition, article 20 (1) establishes that “[a] child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State”, and article 20 (2) that “States parties shall in accordance with their national laws ensure alternative care for such a child”. Alternative care provided on the grounds of disability would be discriminatory.","labels":["Children","Persons with disabilities","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRC","article":"9","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"18","paragraph":"2","source":"regex"},{"treaty":"CRC","article":"20","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"20","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-5-0012","docId":"crpd-c-gc-5","idx":12,"n":12,"text":"12. Article 23 (1) further establishes that all children with disabilities should enjoy a life in dignity in conditions which ensure self-reliance and facilitate active participation in the community. The Committee on the Rights of the Child has expressed its concern at the high number of children with disabilities placed in institutions and urged States parties, through deinstitutionalization programmes, to support their ability to live in their family, extended family or foster care.[[fn:3]]","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":3,"text":"See Committee on the Rights of the Child, general comment No. 9 (2006) on the rights of children with disabilities, para. 47."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"23","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-5-0013","docId":"crpd-c-gc-5","idx":13,"n":13,"text":"13. Equality and non-discrimination are fundamental principles of international human rights law and enshrined in all core human rights instruments. In its general comment No. 5 (1994) on persons with disabilities, the Committee on Economic, Social and Cultural Rights highlights that “segregation and isolation achieved through the imposition of social barriers” count as discrimination. It also stresses in relation to article 11 that the right to an adequate standard of living not only includes having equal access to adequate food, accessible housing and other basic material requirements, but also the availability of support services and assistive devices and technologies fully respecting the human rights of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"11","source":"regex"}]},{"id":"crpd-c-gc-5-0014","docId":"crpd-c-gc-5","idx":14,"n":14,"text":"14. Article 19 and the content of the present general comment must also guide and support the implementation of the New Urban Agenda adopted by the United Nations Conference on Housing and Sustainable Urban Development (Habitat III) as an integral part of 2030 Agenda for Sustainable Development and the Sustainable Development Goals. The New Urban Agenda advocates a vision of cities and human settlements where all persons can enjoy equal rights and opportunities by promoting inclusive, just, safe, healthy, accessible, affordable, resilient and sustainable cities and human settlements. In connection with article 19 of the Convention, Sustainable Development Goal target 10.2, empowerment and promotion of social, economic and political inclusion for all, and target 11.1, ensuring access to adequate, safe and affordable housing and affordable services for all, are of special importance.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0015","docId":"crpd-c-gc-5","idx":15,"n":15,"text":"The Committee on the Rights of Persons with Disabilities has noted advancements in implementing article 19 in the last decade. However, the Committee observes a gap between the goals and spirit of article 19 and the scope of its implementation. Some of the remaining barriers are the following: (a) Denial of legal capacity, either through formal laws and practices or de facto by substitute decision-making about living arrangements; (b) Inadequacy of social support and protection schemes for ensuring living independently within the community; (c) Inadequacy of legal frameworks and budget allocations aimed at providing personal assistance and individualized support; (d) Physical and regulatory institutionalization, including of children and forced treatment in all its forms; (e) Lack of deinstitutionalization strategies and plans and continued investments in institutional care settings; (f) Negative attitudes, stigma and stereotypes preventing persons with disabilities from being included in the community and accessing available assistance; (g) Misconceptions about the right to living independently within the community; (h) Lack of available, acceptable, affordable, accessible and adaptable services and facilities, such as transport, health care, schools, public spaces, housing, theatres, cinemas, goods and services and public buildings; (i) Lack of adequate monitoring mechanisms for ensuring the appropriate implementation of article 19, including the participation of representative organizations of persons with disabilities; (j) Insufficient mainstreaming of disability in general budget allocations; (k) Inappropriate decentralization, resulting in disparities between local authorities and unequal chances of living independently within the community in a State party.","labels":["Children","Persons with disabilities","Children in alternative care"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0016","docId":"crpd-c-gc-5","idx":16,"n":16,"text":"In the present general comment the following definitions apply: (a) Independent living. Independent living/living independently means that individuals with disabilities are provided with all necessary means to enable them to exercise choice and control over their lives and make all decisions concerning their lives. Personal autonomy and self-determination are fundamental to independent living, including access to transport, information, communication and personal assistance, place of residence, daily routine, habits, decent employment, personal relationships, clothing, nutrition, hygiene and health care, religious activities, cultural activities and sexual and reproductive rights. These activities are linked to the development of a person’s identity and personality: where we live and with whom, what we eat, whether we like to sleep in or go to bed late at night, be inside or outdoors, have a tablecloth and candles on the table, have pets or listen to music. Such actions and decisions constitute who we are. Independent living is an essential part of the individual’s autonomy and freedom and does not necessarily mean living alone. It should also not be interpreted solely as the ability to carry out daily activities by oneself. Rather, it should be regarded as the freedom to choose and control, in line with the respect for inherent dignity and individual autonomy as enshrined in article 3 (a) of the Convention. Independence as a form of personal autonomy means that the person with disability is not deprived of the opportunity of choice and control regarding personal lifestyle and daily activities; (b) Being included in the community. The right to be included in the community relates to the principle of full and effective inclusion and participation in society as enshrined in, among others, article 3 (c) of the Convention. It includes living a full social life and having access to all services offered to the public and to support services offered to persons with disabilities to enable them to be fully included and participate in all spheres of social life. These services can relate, among others, to housing, transport, shopping, education, employment, recreational activities and all other facilities and services offered to the public, including social media. The right also includes having access to all measures and events of political and cultural life in the community, among others, public meetings, sports events, cultural and religious festivals and any other activity in which the person with disability wishes to participate; (c) Independent living arrangements. Both independent living and being included in the community refer to life settings outside residential institutions of all kinds. It is not “just” about living in a particular building or setting; it is, first and foremost, about not losing personal choice and autonomy as a result of the imposition of certain life and living arrangements. Neither large-scale institutions with more than a hundred residents nor smaller group homes with five to eight individuals, nor even individual homes can be called independent living arrangements if they have other defining elements of institutions or institutionalization. Although institutionalized settings can differ in size, name and set-up, there are certain defining elements, such as obligatory sharing of assistants with others and no or limited influence over whom one has to accept assistance from; isolation and segregation from independent life within the community; lack of control over day-to-day decisions; lack of choice over whom to live with; rigidity of routine irrespective of personal will and preferences; identical activities in the same place for a group of persons under a certain authority; a paternalistic approach in service provision; supervision of living arrangements; and usually also a disproportion in the number of persons with disabilities living in the same environment. Institutional settings may offer persons with disabilities a certain degree of choice and control; however, these choices are limited to specific areas of life and do not change the segregating character of institutions. Policies of deinstitutionalization therefore require implementation of structural reforms which go beyond the closure of institutional settings. Large or small group homes are especially dangerous for children, for whom there is no substitute for the need to grow up with a family. “Family-like” institutions are still institutions and are no substitute for care by a family; (d) Personal assistance. Personal assistance refers to person-directed/“user”-led human support available to a person with disability and is a tool for independent living. Although modes of personal assistance may vary, there are certain elements which distinguish it from other types of personal assistance, namely: (i) Funding for personal assistance must be provided on the basis of personalized criteria and take into account human rights standards for decent employment. The funding is to be controlled by and allocated to the person with disability with the purpose of paying for any assistance required. It is based on an individual needs assessment and upon the individual life circumstances. Individualized services must not result in a reduced budget and/or higher personal payment; (ii) The service must be controlled by the person with disability, meaning that he or she can either contract the service from a variety of providers or act as an employer. Persons with disabilities have the option to custom design their own service, i.e., design the service and decide by whom, how, when, where and in what way the service is delivered and to instruct and direct service providers; (iii) Personal assistance is a one-to-one relationship. Personal assistants must be recruited, trained and supervised by the person granted personal assistance. Personal assistants should not be “shared” without the full and free consent of the person granted personal assistance. Sharing of personal assistants will potentially limit and hinder the self-determined and spontaneous participation in the community; (iv) Self-management of service delivery. Persons with disabilities who require personal assistance can freely choose their degree of personal control over service delivery according to their life circumstances and preferences. Even if the responsibilities of “the employer” are contracted out, the person with disability always remains at the centre of the decisions concerning the assistance, the one to whom any inquiries must be directed and whose individual preferences must be respected. The control of personal assistance can be exercised through supported decision-making.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","A. Definitions"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-5-0017","docId":"crpd-c-gc-5","idx":17,"n":17,"text":"17. Providers of support service often wrongly describe their service using the terms “independent” or “community living” as well as “personal assistance”, though in practice such services do not fulfil the requirements posed by article 19. Mandatory “package solutions” which, among other things, link the availability of one particular service to another, expect two or more persons to live together or can only be provided within special living arrangements are not in line with article 19. The concept of personal assistance wherein the person with disabilities does not have full self-determination and self-control are to be considered not compliant with article 19. Persons with complex communication requirements, including those who use informal means of communication (i.e., communication via non-representational means, including facial expression, body position and vocalization) must be provided with appropriate supports enabling them to develop and convey their directions, decisions, choices and/or preferences and have them acknowledged and respected.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","A. Definitions"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0018","docId":"crpd-c-gc-5","idx":18,"n":18,"text":"18. Article 19 reaffirms non-discrimination and recognition of the equal right of persons with disabilities to live independently in the community. In order for the right to live independently, with choices equal to others, and be included in the community to be realized, States parties must take effective and appropriate measures to facilitate the full enjoyment of the right and the full inclusion and participation of persons with disabilities in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0019","docId":"crpd-c-gc-5","idx":19,"n":19,"text":"19. The article covers two concepts, which are only clearly mentioned in its heading: the right to independent living and the right to be included in the community. Whereas the right to independent living refers to an individual dimension, as a right to emancipate oneself without being denied access and opportunities, the right to be included in the community entails a social dimension, i.e., the positive right to develop inclusive environments. The right as enshrined in article 19 covers both concepts.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0020","docId":"crpd-c-gc-5","idx":20,"n":20,"text":"20. Article 19 explicitly refers to all persons with disabilities. Neither the full or partial deprivation of any “degree” of legal capacity nor the level of support required may be invoked to deny or limit the right to independence and independent living in the community to persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0021","docId":"crpd-c-gc-5","idx":21,"n":21,"text":"21. When persons with disabilities are assessed as requiring a high level of personal service, States parties often consider institutions as the only solution, especially when personal services are considered to be “too costly” or the person with disabilities is considered to be “unable” to live outside an institutional setting. Persons with intellectual disabilities, especially those with complex communication requirements, among others, are often assessed as being unable to live outside institutional settings. Such reasoning is contrary to article 19, which extends the right to live independently and be included in the community to all persons with disabilities, regardless of their level of intellectual capacity, self-functioning or support requirements.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0022","docId":"crpd-c-gc-5","idx":22,"n":22,"text":"22. All persons with disabilities should be free to choose to be active and belong to cultures of their own choice, and they must have the same degree of choice and control over their lives as other members of the community. Independent living is not compatible with the promotion of a “predefined” individual lifestyle. Young persons with disabilities should not be forced to live in settings designed for elderly persons with disabilities and vice versa.","labels":["Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"]},{"id":"crpd-c-gc-5-0023","docId":"crpd-c-gc-5","idx":23,"n":23,"text":"23. Persons with disabilities of all genders are rights holders and enjoy equal protection under article 19. All appropriate measures should be taken to ensure the full development, advancement and empowerment of women. Lesbian, gay, bisexual, transgender, queer and intersex persons with disabilities must enjoy equal protection under article 19 and therefore respect for their personal relationships. Furthermore, the right to live independently and be included in the community encompasses the protection of persons with disabilities belonging to any age group, ethnic group, scheduled caste or linguistic and/or religious minority, as well as migrant, asylum seeking and refugee persons.","labels":["Refugees & asylum-seekers","Persons with disabilities","LGBTI+"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","B. Article 19, chapeau"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0024","docId":"crpd-c-gc-5","idx":24,"n":24,"text":"24. To choose and decide how, where and with whom to live is the central idea of the right to live independently and be included in the community. Individual choice, therefore, is not limited to the place of residence but includes all aspects of a person’s living arrangements: the daily schedule and routine as well as the way of life and lifestyle of a person, covering the private and public spheres, every day and in the long term.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","C. Article 19 (a)"]},{"id":"crpd-c-gc-5-0025","docId":"crpd-c-gc-5","idx":25,"n":25,"text":"25. Often, persons with disabilities cannot exercise choice because there is a lack of options to choose from. This is the case, for instance, where informal support by the family is the only option, where support is unavailable outside of institutions, where housing is inaccessible or support is not provided in the community, and where support is provided only within specified forms of residence such as group homes or institutions.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","C. Article 19 (a)"]},{"id":"crpd-c-gc-5-0026","docId":"crpd-c-gc-5","idx":26,"n":26,"text":"26. Further, persons with disabilities might not be allowed to exercise their individual choice owing to the lack of accessible information regarding the range of choices available and/or to legal restrictions deriving from guardianship laws and similar legal norms or decisions which do not allow persons with disabilities to exercise their legal capacity. Even if no formal laws are in place, other persons, such as families, caregivers or local authorities, sometimes exercise control and restrict an individual’s choices by acting as substitute decision makers.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","C. Article 19 (a)"]},{"id":"crpd-c-gc-5-0027","docId":"crpd-c-gc-5","idx":27,"n":27,"text":"27. Legal personality and legal agency are the bases for the realization of independent living within the community for persons with disabilities. Article 19 is, therefore, linked to the recognition and exercise of legal personality and legal capacity as enshrined in article 12 of the Convention and further explained in the Committee’s general comment No. 1 (2014) on equal recognition before the law. Further, it is linked to the absolute prohibition of detention on the basis of disability as enshrined in article 14 and elaborated in the respective guidelines.[[fn:4]]","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":4,"text":"Guidelines on the right to liberty and security of persons with disabilities (A/72/55, annex)."}],"section":["II. Normative content of article 19","C. Article 19 (a)"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"14","source":"regex"}]},{"id":"crpd-c-gc-5-0028","docId":"crpd-c-gc-5","idx":28,"n":28,"text":"28. Individualized support services must be considered a right rather than a form of medical, social or charity care. For many persons with disabilities, access to a range of individualized support services is a precondition for independent living within the community. Persons with disabilities have the right to choose services and service providers according to their individual requirements and personal preferences, and individualized support should be flexible enough to adapt to the requirements of the “users” and not the other way around. This places an obligation on States parties to ensure that there are sufficient numbers of qualified specialists able to identify practical solutions to the barriers to living independently within the community in accordance with the requirements and preferences of the individual.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","D. Article 19 (b)"]},{"id":"crpd-c-gc-5-0029","docId":"crpd-c-gc-5","idx":29,"n":29,"text":"29. Subparagraph (b) specifies various individualized services which fall within the category of support services. They are not restricted to services inside the home, but must also be able to be extended to the spheres of employment, education and political and cultural participation; empowering parenthood and the ability to reach family relatives and others; participation in political and cultural life; one’s leisure interests and activities; and travel as well as recreation.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","D. Article 19 (b)"]},{"id":"crpd-c-gc-5-0030","docId":"crpd-c-gc-5","idx":30,"n":30,"text":"30. While individualized support services may vary in name, type or kind according to the cultural, economic and geographic specifics of the State party, all support services must be designed to support living within the community, preventing isolation and segregation from others, and must in actuality be suitable for this purpose. It is important that the aim of these support services be the realization of full inclusion within the community. Therefore, any institutional form of support services which segregates and limits personal autonomy is not permitted by article 19 (b).","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","D. Article 19 (b)"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0031","docId":"crpd-c-gc-5","idx":31,"n":31,"text":"31. It is also relevant to keep in mind that all support services have to be designed and delivered in a mode which supports the overall purpose of the norm: full, individualized, self-chosen and effective inclusion and participation, and living independently.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","D. Article 19 (b)"]},{"id":"crpd-c-gc-5-0032","docId":"crpd-c-gc-5","idx":32,"n":32,"text":"32. Services and facilities mentioned in this section of the article are non-disability- specific support services and facilities for the general population in the community. They cover a wide range of services, such as housing, public libraries, hospitals, schools, transport, shops, markets, museums, the Internet, social media and similar facilities and services. These must be available, universally accessible, acceptable and adaptable for all persons with disabilities within the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"]},{"id":"crpd-c-gc-5-0033","docId":"crpd-c-gc-5","idx":33,"n":33,"text":"33. Accessibility of community facilities, goods and services, as well as the exercise of the right to inclusive, accessible employment, education and health care are essential conditions for the inclusion and participation of persons with disabilities in the community. Various deinstitutionalization programmes have shown that the closure of institutions, regardless of their size and the relocation of inhabitants in the community, in itself is not enough. Such reforms must be accompanied by comprehensive service and community development programmes, including awareness programmes. Structural reforms designed to improve overall accessibility within the community may reduce the demand for disability-specific services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"]},{"id":"crpd-c-gc-5-0034","docId":"crpd-c-gc-5","idx":34,"n":34,"text":"34. In terms of material scope, article 19 covers access to safe and adequate housing, individual services and community facilities and services. Access to housing means having the option to live in the community on an equal basis with others. Article 19 is not properly implemented if housing is only provided in specifically designed areas and arranged in a way that persons with disabilities have to live in the same building, complex or neighbourhood. Accessible housing providing accommodation to persons with disabilities, whether they live alone or as a part of a family, must be available in sufficient number, within all areas of the community, to provide the right of persons with disabilities to choose and the possibility to do so. To this end, barrier-free new residential construction and the barrier-free retrofitting of existing residential structures are required. In addition, housing must be affordable to persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0035","docId":"crpd-c-gc-5","idx":35,"n":35,"text":"35. Support services must be available within safe physical and geographical reach to all persons with disabilities living in urban or rural areas. They have to be affordable, taking into account persons living on low incomes. They also need to be acceptable, which means that they must respect standard levels of quality and be gender, age and culturally sensitive.","labels":["Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"]},{"id":"crpd-c-gc-5-0036","docId":"crpd-c-gc-5","idx":36,"n":36,"text":"36. Individualized support services which do not allow for personal choice and self-control are not providing for living independently within the community. Support services provided as combined residential and support service (delivered as a combined “package”) are often offered to persons with disabilities on the premise of cost efficiency. However, while this premise itself can be rebutted in terms of economics, aspects of cost efficiency must not override the core of the human right at stake. Persons with disabilities should not be required by rule to share personal assistance and assistants; this should only be done with their full and free consent. The possibility to choose is one of the three key elements of the right to live independently within the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"]},{"id":"crpd-c-gc-5-0037","docId":"crpd-c-gc-5","idx":37,"n":37,"text":"37. The right to equal support services corresponds with the duty to ensure the participation and involvement of persons with disabilities in processes related to facilities and services in the community, ensuring that they are responsive to specific requirements, are gender and age sensitive, and that they are available to allow for the spontaneous participation of persons with disabilities within the community. For children, the core of the right to live independently and be included in the community entails a right to grow up in a family.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","E. Article 19 (c)"]},{"id":"crpd-c-gc-5-0038","docId":"crpd-c-gc-5","idx":38,"n":38,"text":"The Committee finds it important to identify core elements of article 19 in order to ensure that the realization of a standardized minimum support level sufficient to allow the exercise of the right to live independently and be included in the community is carried out by every State party. States parties should ensure that the core elements of article 19 are always respected, particularly in times of financial or economic crisis. These core elements are: (a) To ensure the right to legal capacity, in line with the Committee’s general comment No. 1, to decide where, with whom and how to live for all persons with disabilities, irrespective of impairment; (b) To ensure non-discrimination in accessing housing, including the elements of both income and accessibility, and adopting mandatory building regulations that permit new and renovated housing to become accessible; (c) To develop a concrete action plan for independent living for persons with disabilities within the community, including taking steps towards facilitating formal supports for independent living within the community so that informal support by, for example, families is not the only option; (d) To develop, implement, monitor and sanction non-compliance with legislation, plans and guidance on accessibility requirements for basic mainstream services to achieve societal equality, including participation by persons with disabilities within social media, and secure adequate competence in information and communications technologies to ensure that such technologies are developed, including on the basis of universal design, and protected; (e) To develop a concrete action plan and take steps towards developing and implementing basic, personalized, non-shared and rights-based disability-specific support services and other forms of services; (f) To ensure non-retrogression in achieving the content of article 19 unless any such measures have been duly justified and are in accordance with international law; (g) To collect consistent quantitative and qualitative data on people with disabilities, including those still living in institutions; (h) To use any available funding, including regional funding and funding for development cooperation, to develop inclusive and accessible independent living services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["II. Normative content of article 19","F. Core elements"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0039","docId":"crpd-c-gc-5","idx":39,"n":39,"text":"39. The obligations of States parties must reflect the nature of human rights as either absolute and immediately applicable (civil and political rights) or progressively applicable (economic, social and cultural rights). Article 19 (a), the right to choose one’s residence and where, how and with whom to live, is immediately applicable as it is a civil and political right. Article 19 (b), the right to access individualized, assessed support services, is an economic, social and cultural right. Article 19 (c), the right to access service facilities, is an economic, social and cultural right, as many mainstream services, such as accessible information and communications technologies, websites, social media, cinemas, public parks, theatres and sports facilities, serve both social and cultural purposes. Progressive realization entails the immediate obligation to design and adopt concrete strategies, plans of action and resources to develop support services as well as making existing, as well as new, general services inclusive for persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0040","docId":"crpd-c-gc-5","idx":40,"n":40,"text":"40. The obligation to respect does not only have a negative aspect; its positive aspect requires States parties to take all necessary measures to ensure that no rights enshrined in article 19 are violated by the State or by private entities.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0041","docId":"crpd-c-gc-5","idx":41,"n":41,"text":"41. In order to achieve the progressive realization of economic, social and cultural rights, States parties must take steps to the maximum of their available resources.[[fn:5]] These steps must be taken immediately or within a reasonably short period of time. Such steps should be deliberate, concrete, targeted and use all appropriate means.[[fn:6]] The systematic realization of the right to independent living in the community requires structural changes. In particular, this applies to deinstitutionalization in all its forms.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":5,"text":"See article 2 (1) of the International Covenant on Economic, Social and Cultural Rights and article 4 (2) of the Convention on the Rights of Persons with Disabilities."},{"n":6,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 3, para. 2."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-5-0042","docId":"crpd-c-gc-5","idx":42,"n":42,"text":"42. States parties have the immediate obligation to enter into strategic planning, with adequate time frames and resourcing, in close and respectful consultation with representative organizations of persons with disabilities, to replace any institutionalized settings with independent living support services. The margin of appreciation of States parties is related to the programmatic implementation, but not to the question of replacement. States parties should develop transitional plans in direct consultation with persons with disabilities, through their representative organizations, in order to ensure full inclusion of persons with disabilities in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-5-0043","docId":"crpd-c-gc-5","idx":43,"n":43,"text":"43. When a State party seeks to introduce retrogressive measures with respect to article 19, for example, in response to an economic or financial crisis, the State is obliged to demonstrate that such measures are temporary, necessary and non-discriminatory and that they respect its core obligations.[[fn:7]]","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":7,"text":"Letter dated 16 May 2012 addressed by the Chairperson of the Committee on Economic, Social and Cultural Rights to States parties to the International Covenant on Economic, Social and Cultural Rights, available from http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx? symbolno=INT%2fCESCR%2fSUS%2f6395&Lang=en."}],"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0044","docId":"crpd-c-gc-5","idx":44,"n":44,"text":"44. The duty of progressive realization also entails a presumption against retrogressive measures in the enjoyment of economic, social and cultural rights. Such measures deprive people with disabilities of the full enjoyment of the right to live independently and be included in the community. As a matter of consequence, retrogressive measures constitute a violation of article 19.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0045","docId":"crpd-c-gc-5","idx":45,"n":45,"text":"45. States parties are prohibited from taking retrogressive measures with respect to the minimum core obligations of the right to live independently within the community as listed in the present general comment.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-5-0046","docId":"crpd-c-gc-5","idx":46,"n":46,"text":"46. States parties are under an immediate obligation to eliminate discrimination against individuals or groups of persons with disabilities and to guarantee their equal right to living independently and participation in the community. This requires States parties to repeal or reform policies, laws and practices that prevent persons with disabilities from, for example, choosing their place of residence, securing affordable and accessible housing, renting accommodation or accessing such general mainstream facilities and services as their independence would require. The duty to provide reasonable accommodation (art. 5 (3)) is also not subject to progressive realization.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"5","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-5-0047","docId":"crpd-c-gc-5","idx":47,"n":47,"text":"47. The obligation to respect requires States parties to refrain from directly or indirectly interfering with or in any way limiting the individual exercise of the right to live independently and be included in the community. States parties should not limit or deny anyone’s access to living independently in the community, including through laws which directly or indirectly restrict the options of persons with disabilities to choose their place of residence or where, how and with whom to live, or their autonomy. States parties should reform laws that impede the exercise of the rights enshrined in article 19.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","A. Obligation to respect"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0048","docId":"crpd-c-gc-5","idx":48,"n":48,"text":"48. The obligation also requires States parties to repeal and refrain from enacting laws, policies and structures that maintain and create barriers in access to support services as well as to general facilities and services. It also entails the obligation to release all individuals who are confined against their will in mental health services or other disability-specific forms of deprivation of liberty. It further includes the prohibition of all forms of guardianship and the obligation to replace substituted decision-making regimes with supported decision-making alternatives.","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","A. Obligation to respect"]},{"id":"crpd-c-gc-5-0049","docId":"crpd-c-gc-5","idx":49,"n":49,"text":"49. To respect the rights of persons with disabilities under article 19 means that States parties need to phase out institutionalization. No new institutions may be built by States parties, nor may old institutions be renovated beyond the most urgent measures necessary to safeguard residents’ physical safety. Institutions should not be extended, new residents should not enter when others leave and “satellite” living arrangements that branch out from institutions, i.e., those that have the appearance of individual living (apartments or single homes) but revolve around institutions, should not be established.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","A. Obligation to respect"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0050","docId":"crpd-c-gc-5","idx":50,"n":50,"text":"50. The obligation to protect requires States parties to take measures to prevent family members and third parties from directly or indirectly interfering with the enjoyment of the right to live independently within the community. The duty to protect requires States parties to put in place and implement laws and policies prohibiting conduct by family members and third parties, service providers, landowners or providers of general services which undermines the full enjoyment of the right to be included and live independently within the community.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","B. Obligation to protect"]},{"id":"crpd-c-gc-5-0051","docId":"crpd-c-gc-5","idx":51,"n":51,"text":"51. States parties should ensure that public or private funds are not spent on maintaining, renovating, establishing building or creating any form of institution or institutionalization. Furthermore, States parties must ensure that private institutions are not established under the guise of “community living”.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","B. Obligation to protect"]},{"id":"crpd-c-gc-5-0052","docId":"crpd-c-gc-5","idx":52,"n":52,"text":"52. Support should always be based on individual requirements, not on the interests of the service provider. States parties should establish mechanisms for monitoring service providers, adopt measures which protect persons with disabilities from being hidden in the family or isolated in institutions and children from being abandoned or institutionalized on the grounds of disability, and establish appropriate mechanisms to detect situations of violence against persons with disabilities by third parties. States parties should also prohibit directors and/or managers of residential institutions from becoming guardians of residents.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","B. Obligation to protect"]},{"id":"crpd-c-gc-5-0053","docId":"crpd-c-gc-5","idx":53,"n":53,"text":"53. The duty to protect also includes the prohibition of discriminatory practices such as the exclusion of individuals or groups from the provision of certain services. States parties should prohibit and prevent third parties from imposing practical or procedural barriers to living independently and being included in the community, for example by ensuring that services provided are in line with living independently in the community and that persons with disabilities are not denied the possibility to rent or are not disadvantaged in the housing market. General community services open to the public such as libraries, swimming pools, public parks/spaces, shops, post offices and cinemas must be accessible and responsive to the requirements of persons with disabilities, as enshrined in the Committee’s general comment No. 2 (2014) on accessibility.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","B. Obligation to protect"]},{"id":"crpd-c-gc-5-0054","docId":"crpd-c-gc-5","idx":54,"n":54,"text":"54. The obligation to fulfil requires States to promote, facilitate and provide appropriate legislative, administrative, budgetary, judicial, programmatic, promotional and other measures to ensure the full realization of the right to live independently and be included in the community as enshrined in the Convention. The obligation to fulfil also requires States parties to take measures to eradicate practical barriers to the full realization of the right to live independently and be included in the community, such as inaccessible housing, limited access to disability support services, inaccessible facilities, goods and services in the community and prejudices against persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0055","docId":"crpd-c-gc-5","idx":55,"n":55,"text":"55. States parties should empower family members to support the family members with disabilities to realize their right to live independently and be included in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0056","docId":"crpd-c-gc-5","idx":56,"n":56,"text":"56. While implementing legislation, policies and programmes, States parties must closely consult and actively involve a diverse range of persons with disabilities through their representative organizations in all aspects concerning living independently in the community, in particular, when developing support services and investing resources in support services within the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0057","docId":"crpd-c-gc-5","idx":57,"n":57,"text":"57. States parties must adopt a strategy and a concrete plan of action for deinstitutionalization. It should include the duty to implement structural reforms, to improve accessibility for persons with disabilities within the community and to raise awareness among all persons in society about inclusion of persons with disabilities within the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0058","docId":"crpd-c-gc-5","idx":58,"n":58,"text":"58. Deinstitutionalization also requires a systemic transformation, which includes the closure of institutions and the elimination of institutionalizing regulations as part of a comprehensive strategy, along with the establishment of a range of individualized support services, including individualized plans for transition with budgets and time frames as well as inclusive support services. Therefore, a coordinated, cross-government approach which ensures reforms, budgets and appropriate changes of attitude at all levels and sectors of government, including local authorities, is required.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0059","docId":"crpd-c-gc-5","idx":59,"n":59,"text":"59. Programmes and entitlements to support living independently in the community must cover disability-related costs. Furthermore, ensuring the availability of a sufficient number of accessible and affordable housing units is crucial for deinstitutionalization, including housing for families. It is also important that access to housing not be made conditional upon requirements that reduce the autonomy and independence of persons with disabilities. Buildings and spaces open to the public and all forms of transport must be designed in a way that accommodates the requirements of all persons with disabilities. States parties must take deliberate and immediate steps to reallocate funding towards realizing the right of persons with disabilities to living independently in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0060","docId":"crpd-c-gc-5","idx":60,"n":60,"text":"60. Disability support services must be available, accessible, affordable, acceptable and adaptable to all persons with disabilities and be sensitive to different living conditions, such as individual or family income, and individual circumstances, such as sex, age, national or ethnic origin and linguistic, religious, sexual and/or gender identity. The human rights model of disability does not allow the exclusion of persons with disabilities for any reason, including the kind and amount of support services required. Support services, including personal assistance, should not be shared with others unless it is based on a decision based on free and informed consent.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0061","docId":"crpd-c-gc-5","idx":61,"n":61,"text":"61. States parties shall incorporate the following elements into the eligibility criteria for access to assistance: the assessment should be based on a human rights approach to disability; focus on the requirements of the person that exist because of barriers within society rather than the impairment; take into account, and follow, a person’s will and preferences; and ensure the full involvement of persons with disabilities in the decision-making process.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0062","docId":"crpd-c-gc-5","idx":62,"n":62,"text":"62. Cash transfers such as disability allowances represent one of the forms in which States parties provide support for persons with disabilities in line with articles 19 and 28 of the Convention. Such cash transfers often acknowledge disability-related expenses and facilitate the full inclusion of persons with disabilities in the community. Cash transfers also tackle situations of poverty and extreme poverty that persons with disabilities may face. States parties must not add to the hardship faced by persons with disabilities by reducing their income in times of economic or financial crisis or through austerity measures that are inconsistent with human rights standards set out in paragraph 38 above.","labels":["Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-5-0063","docId":"crpd-c-gc-5","idx":63,"n":63,"text":"63. Support for persons with disabilities should be assessed using a personalized approach and tailored to the specific activities and actual barriers to inclusion in the community that persons with disabilities face. The assessment should acknowledge that persons with disabilities require access to participate in activities that varies over time. States parties should ensure that personalization of support, including cash transfers/personal budgets, take into account and address the challenges that persons with disabilities face when living in rural and/or urban areas.","labels":["Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0064","docId":"crpd-c-gc-5","idx":64,"n":64,"text":"64. States parties should provide and disseminate timely, up-to-date and accurate information essential for informed decision-making on choices of independent living and support services in the community. This should be in accessible formats, including Braille, sign language, tactile and Easy Read formats and alternative and augmentative modes of communication.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0065","docId":"crpd-c-gc-5","idx":65,"n":65,"text":"65. States should ensure that personnel working or about to work in disability-related services, including service personnel, decision makers and civil servants monitoring services for persons with disabilities, are adequately trained on independent living within the community, in theory and practice. States should also establish criteria, in line with article 19, concerning entities applying for permission to deliver social support for persons with disabilities to live in the community and assess how they perform their duties. States parties should also ensure that international cooperation in accordance with article 32 of the Convention and the investments and projects undertaken thereby do not contribute to the perpetuation of barriers to independent living within the community but rather eradicate barriers and support the implementation of the right to live independently and be included in the community. After situations of disaster, it is important not to rebuild barriers, as an element of implementing article 11 of the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"32","source":"regex"},{"treaty":"CRPD","article":"11","source":"regex"}]},{"id":"crpd-c-gc-5-0066","docId":"crpd-c-gc-5","idx":66,"n":66,"text":"66. States parties must ensure access to justice and provide legal aid and appropriate legal advice, remedies and support, including through reasonable and procedural accommodation, for persons with disabilities who seek to enforce their right to living independently in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0067","docId":"crpd-c-gc-5","idx":67,"n":67,"text":"67. States parties should provide adequate support services to family carers so they can in turn support their child or relative to live independently in the community. This support should include respite care services, childcare services and other supportive parenting services. Financial support is also crucial for family carers, who often live in situations of extreme poverty without the possibility of accessing the labour market. States parties should also provide social support to families and foster the development of counselling services, circles of support and other adequate support options.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0068","docId":"crpd-c-gc-5","idx":68,"n":68,"text":"68. States parties must regularly conduct surveys and other forms of analysis providing data on the physical, communication, environmental, infrastructural and attitudinal barriers experienced by persons with disabilities and the requirements for implementing living independently in the community.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["III. Obligations of States parties","C. Obligation to fulfil"]},{"id":"crpd-c-gc-5-0069","docId":"crpd-c-gc-5","idx":69,"n":69,"text":"69. The right to live independently and be included in the community is interrelated with the enjoyment of other human rights provided for in the Convention. At the same time, it is more than the sum of those rights as it affirms that all rights should be exercised and enjoyed in the community where a person chooses to live and in which alone the free and full development of one’s personality can be fulfilled.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-5-0070","docId":"crpd-c-gc-5","idx":70,"n":70,"text":"70. Consultations with and the active involvement of persons with disabilities, through their representative organizations (art. 4 (3)), is critical for the adoption of all plans and strategies as well as for follow-up and monitoring when implementing the right to independent living in the community. Decision makers at all levels must actively involve and consult the full range of persons with disabilities including organizations of women with disabilities, older persons with disabilities, children with disabilities, persons with psychosocial disabilities and persons with intellectual disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-5-0071","docId":"crpd-c-gc-5","idx":71,"n":71,"text":"71. Non-discrimination (art. 5), in terms of living independently and being included in the community, is important in regard to accessing and receiving support services. States parties should define eligibility criteria and procedures for accessing support services in a non-discriminatory way, objectively and focused on the requirements of the person rather than on the impairment, following a human rights-compliant approach. The establishment of specific services for persons with disabilities in the particular circumstances of the persons with disabilities and in accordance with their requirements, such as services for children, students, employees and older persons with disabilities, should not be considered as a discriminatory violation of the Convention, but rather as a just and legally available affirmative action. Persons with disabilities who face discrimination in relation to article 19 must have effective and affordable legal remedies at their disposal.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0072","docId":"crpd-c-gc-5","idx":72,"n":72,"text":"72. Often, women and girls with disabilities (art. 6) are more excluded and isolated, and face more restrictions regarding their place of residence as well as their living arrangements owing to paternalistic stereotyping and patriarchal social patterns that discriminate against women in society. Women and girls with disabilities also experience gender-based, multiple and intersectional discrimination, greater risk of institutionalization and violence, including sexual violence, abuse and harassment.[[fn:8]] States parties must provide affordable, or free, legal remedy and support services for victims of violence and abuse. Women with disabilities who face domestic violence are frequently more economically, physically or emotionally dependent on their abusers, who often act as caregivers, a situation that prevents women with disabilities from leaving abusive relationships and leads to further social isolation. Therefore, when implementing the right to live independently and be included in the community, particular attention should be paid to gender equality, the elimination of gender-based discrimination and patriarchal social patterns.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":8,"text":"See Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016) on women and girls with disabilities."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-5-0073","docId":"crpd-c-gc-5","idx":73,"n":73,"text":"73. Cultural norms and values may adversely restrict the choices and control of women and girls with disabilities over their living arrangements, limit their autonomy, oblige them to live in particular living arrangements, require them to suppress their own requirements and instead serve those of others and take certain roles within the family.[[fn:9]] States parties should take measures to tackle discrimination and barriers against women in accessing social services and support, as well as ensure that various policies, programmes and strategies concerning access to social services and support take due consideration of the equality between women and men.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":9,"text":"Ibid., paras. 8, 18, 29 and 55."}],"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-5-0074","docId":"crpd-c-gc-5","idx":74,"n":74,"text":"74. States parties should also ensure that measures aimed at development, empowerment and advancement of women and girls with disabilities (art. 6 (2)) address gender-based inequalities in accessing support and social protection. States parties should adopt adequate measures to encourage work-life balance (resources, time, services) that support women with disabilities in (re-)entering the open labour market and ensure equal rights and responsibilities between women and men for the exercise of parental responsibilities.[[fn:10]] It is also the responsibility of States parties to ensure that shelters for victims of gender-based violence are fully accessible to women and girls with disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":10,"text":"See Committee on the Elimination of Discrimination against Women, general recommendation No. 21 (1994) on equality in marriage and family relations."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-5-0075","docId":"crpd-c-gc-5","idx":75,"n":75,"text":"75. The existence of adequate and age-sensitive support services for girls and boys with disabilities is of vital importance for the equal enjoyment of their human rights (art. 7). Respecting the evolving capacities of children with disabilities and supporting them in having a say in choices that have an impact on them is critical. It is also important to provide support, information and guidance to families (art. 23) to prevent institutionalization of children with disabilities and to have inclusive policies on adoption to ensure equal opportunities to children with disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"7","source":"regex"},{"treaty":"CRPD","article":"23","source":"regex"}]},{"id":"crpd-c-gc-5-0076","docId":"crpd-c-gc-5","idx":76,"n":76,"text":"76. When it comes to social interactions and relationships with peers, teenagers may prefer personal assistance or professional sign language interpreters to informal support provided by relatives. States parties should establish innovative forms of support and accessible services for children and adolescents with disabilities through personal contact or through their organizations. Children with disabilities may require support to practise sports or activities in the community with other children their age. Adolescents with disabilities should be enabled to spend time and take part in leisure activities with their peers. States parties must provide assistive devices and technologies that can facilitate the inclusion of adolescents with disabilities in their peer networks. Further, services that facilitate the transition of young people to adulthood, including support with moving out of the family home, starting employment and continuing into higher education, are crucial in supporting independent living.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-5-0077","docId":"crpd-c-gc-5","idx":77,"n":77,"text":"77. Awareness-raising (art. 8) is essential to create open, enabling and inclusive communities, as article 19 is ultimately about transforming communities. Stereotypes, ableism and misconceptions that prevent persons with disabilities from living independently must be eradicated and a positive image of them and their contributions to society must be promoted. Awareness-raising should be provided for authorities, civil servants, professionals, the media, the general public and persons with disabilities and their families. All awareness-raising activities should be carried out in close cooperation with persons with disabilities through their representative organizations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"8","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0078","docId":"crpd-c-gc-5","idx":78,"n":78,"text":"78. The rights provided for in article 19 are tied to the obligations of the States parties relating to accessibility (art. 9) because the general accessibility of the whole built environment, transport, information, and communication and related facilities and services open to the public in a community is a precondition for living independently in the community. Article 9 requires the identification and elimination of barriers in buildings open to the public, such as the revision of building and urban planning codes, the inclusion of standards of universal design in a variety of sectors and the establishment of accessibility standards for housing.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-5-0079","docId":"crpd-c-gc-5","idx":79,"n":79,"text":"79. States parties must take into account in advance the obligation to provide support services to persons with disabilities in all disaster risk management activities (art. 11) and make sure that they are not left behind or forgotten. It is also important that barriers are not rebuilt after situations of armed conflict, humanitarian emergencies or the occurrence of a natural disaster. Reconstruction processes must ensure full accessibility for the independent life in the community of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"11","source":"regex"}]},{"id":"crpd-c-gc-5-0080","docId":"crpd-c-gc-5","idx":80,"n":80,"text":"80. Equal recognition before the law (art. 12) ensures that all persons with disabilities have the right to exercise their full legal capacity and therefore have the equal right to exercise choice and control over their own lives by choosing where, with whom and how they want to live and to receive support in accordance with their will and preferences. To fully realize the transition to supported decision-making and implement the rights enshrined in article 12, it is imperative that persons with disabilities have the opportunity to develop and express their wishes and preferences in order to exercise their legal capacity on an equal basis with others. To achieve this, they have to be a part of the community. Furthermore, support in the exercise of legal capacity should be provided using a community-based approach which respects the wishes and preferences of individuals with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-5-0081","docId":"crpd-c-gc-5","idx":81,"n":81,"text":"81. Access to justice as enshrined in article 13 is fundamental to ensure full enjoyment of the right to live independently in the community. States parties must ensure that all persons with disabilities have legal capacity and standing in courts. States parties must furthermore ensure that all decisions concerning living independently in the community can be appealed. Support to enable living independently in the community shall be enforceable as a right and an entitlement. To ensure equal and effective access to justice, substantial rights to legal aid, support and procedural and age-appropriate accommodations are essential.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"13","source":"regex"}]},{"id":"crpd-c-gc-5-0082","docId":"crpd-c-gc-5","idx":82,"n":82,"text":"82. Involuntary institutionalization on the grounds of impairment or associated circumstances such as presumed “dangerousness” or other factors as elaborated by the Committee in its guidelines on article 14 is often caused or increased by a lack of disability- specific support services. Implementing article 19 thus will ultimately prevent violation of article 14.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"14","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"14","source":"regex"}]},{"id":"crpd-c-gc-5-0083","docId":"crpd-c-gc-5","idx":83,"n":83,"text":"83. It is of paramount significance to ensure that support services leave no space for potential abuse or exploitation of persons with disabilities or any violence against them (art. 16). Disability-, gender- and age-sensitive monitoring, legal remedies and relief must be available for all persons with disabilities who use services prescribed in article 19 and who may face abuse, violence and exploitation. Since institutions tend to isolate those who reside within them from the rest of the community, institutionalized women and girls with disabilities are further susceptible to gender-based violence, including forced sterilization, sexual and physical abuse, emotional abuse and further isolation. They also face increased barriers to reporting such violence. It is imperative that States include these issues in their monitoring of institutions and ensure access to redress for women with disabilities who are exposed to gender-based violence in institutions.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"16","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0084","docId":"crpd-c-gc-5","idx":84,"n":84,"text":"84. Without support for personal mobility (art. 20), barriers to living independently in the community continue to exist for many persons with disabilities. The provision of affordable and available quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries, as enshrined in article 20, is a precondition for the full inclusion and participation of persons with disabilities in their respective communities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"20","source":"regex"},{"treaty":"CRPD","article":"20","source":"regex"}]},{"id":"crpd-c-gc-5-0085","docId":"crpd-c-gc-5","idx":85,"n":85,"text":"85. Persons with disabilities have the right to access all public information in accessible formats and to seek, receive and express information and ideas on an equal basis with others (art. 21). Communication can be provided in forms and formats of their choice, including Braille, sign language, tactile and Easy Read formats and alternative modes, means and formats of communication. It is important that communication and information flow in both directions and that services and facilities are accessible for individuals who use different ways of communicating. It is of particular importance that information about support services and social protection schemes, including disability-related mechanisms, is accessible and available from a diversity of sources in order to enable persons with disabilities to make fully informed decisions and choices about where, with whom and how to live and what kind of service is best suited to them. It is also of critical importance that mechanisms to provide feedback and complaints are communication accessible.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"21","source":"regex"}]},{"id":"crpd-c-gc-5-0086","docId":"crpd-c-gc-5","idx":86,"n":86,"text":"86. States parties should ensure that in the provision of support services under article 19, the privacy, family, home, correspondence and honour of persons with disabilities are protected from any unlawful interference (art. 22). In any case of unlawful interference, disability-, gender- and age-sensitive monitoring, legal remedies and relief must be available for all persons with disabilities using support services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"22","source":"regex"}]},{"id":"crpd-c-gc-5-0087","docId":"crpd-c-gc-5","idx":87,"n":87,"text":"87. The right to living independently in the community is intimately linked with the right to family for children and parents with disabilities (art. 23). The absence of community-based support and services may create financial pressures and constraints for the family of persons with disabilities; the rights enshrined in article 23 are essential to prevent children from being taken away from their families and being institutionalized, as well as to support families in community living. These rights are equally important to ensure that children are not taken away from their parents because of the latter’s disability. States parties should provide information, guidance and support to families in upholding their children’ rights and promote inclusion and participation in the community.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"23","source":"regex"},{"treaty":"CRPD","article":"23","source":"regex"}]},{"id":"crpd-c-gc-5-0088","docId":"crpd-c-gc-5","idx":88,"n":88,"text":"88. Living independently and being included in the community is inherently linked to inclusive education (art. 24) and requires recognition of the right of persons with disabilities to live independently and enjoy inclusion and participation in the community.[[fn:11]] Inclusion of persons with disabilities in the mainstream education system generates further inclusion of persons with disabilities in the community. Deinstitutionalization also entails the introduction of inclusive education. States parties should note the role that exercising the right to inclusive education will play in building the strengths, skills and competencies necessary for all persons with disabilities to enjoy, benefit from and contribute to their communities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"footnotes":[{"n":11,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 4 (2016) on the right to inclusive education."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-5-0089","docId":"crpd-c-gc-5","idx":89,"n":89,"text":"89. General health facilities and services (art. 25) must be available, accessible, adaptable and acceptable for persons with disabilities in their communities, including the support required by some persons with disabilities (for example those with complex communication requirements, psychosocial disabilities or intellectual disabilities and/or deaf persons) during hospitalizations, surgeries and medical consultations. The provision of nurses, physiotherapists, psychiatrists or psychologists, in hospitals as well as at home, is a part of health care and should not be seen as the fulfilment of a States party’s obligation under article 19, but rather under article 25.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"25","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"25","source":"regex"}]},{"id":"crpd-c-gc-5-0090","docId":"crpd-c-gc-5","idx":90,"n":90,"text":"90. Independent living in the community, habilitation and rehabilitation (art. 26) are interdependent. For some persons with disabilities, participation in rehabilitation services is not possible if they do not receive sufficient individualized support. At the same time, the purpose of rehabilitation is to enable persons with disabilities to fully and effectively participate in the community. The habilitation and rehabilitation of a person with disability must always take place with his/her free and informed consent. Habilitation and rehabilitation are predominantly relevant in relation to education, employment, health and social matters.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"26","source":"regex"}]},{"id":"crpd-c-gc-5-0091","docId":"crpd-c-gc-5","idx":91,"n":91,"text":"91. The existence of individualized support services, including personal assistance, often is a precondition for effective enjoyment of the right to work and employment (art. 27). Furthermore, persons with disabilities should also become employers, managers or trainers in disability-specific support services. Implementing article 19 will thus help to phase out sheltered employment.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0092","docId":"crpd-c-gc-5","idx":92,"n":92,"text":"92. To ensure that persons with disabilities enjoy an adequate standard of living (art. 28), States parties should provide, inter alia, access to support services that enable them to live independently. Therefore, there is an obligation on the part of States parties to ensure access to appropriate and affordable services, devices and other assistance for impairment-related requirements, especially for those persons with disabilities who live in poverty. Furthermore, access to public and subsidized housing programmes in the community is required. It is considered contrary to the Convention for persons with disabilities to pay for disability-related expenses by themselves.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-5-0093","docId":"crpd-c-gc-5","idx":93,"n":93,"text":"93. In order to influence and take part in decisions impacting the development of their community, all persons with disabilities should enjoy and exercise their rights to participation in political and public life (art. 29) personally or through their organizations. Appropriate support can provide valuable assistance to persons with disabilities in exercising their right to vote, to take part in political life and to conduct public affairs. It is important to ensure that assistants or other support staff do not restrict or abuse the choices that persons with disabilities make in exercising their voting rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-5-0094","docId":"crpd-c-gc-5","idx":94,"n":94,"text":"94. Cultural life, recreation, leisure and sport (art. 30) are important dimensions of life in the community in which inclusion can be pursued and achieved, for example by ensuring that events, activities and facilities are accessible to persons with disabilities and are inclusive. Personal assistants, guides, readers and professional sign language and tactile interpreters, among others, contribute to an inclusive life in the community in accordance with the will and preferences of persons with disabilities. It is important that the use of support of any kind is considered part of disability-related expenses as such support services help foster inclusion in the community and independent living. Assistants necessary for participating in cultural and leisure activities should not be required to pay entrance fees. There should also be no restrictions on when, where and for what kinds of activities assistance can be used, nationally and internationally.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"30","source":"regex"}]},{"id":"crpd-c-gc-5-0095","docId":"crpd-c-gc-5","idx":95,"n":95,"text":"95. Data and information must be disaggregated systematically (art. 31) by disability across all sectors, including with respect to housing, living arrangements and social protection schemes as well as access to independent living and support and services. The information should allow for regular analyses of how deinstitutionalization and transition to support services in the community have progressed. It is important that indicators reflect the particular circumstances in every State party.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"31","source":"regex"}]},{"id":"crpd-c-gc-5-0096","docId":"crpd-c-gc-5","idx":96,"n":96,"text":"96. International cooperation (art. 32) must be conducted in a way which ensures that foreign aid is invested in support services in local communities that respect the will and preferences of persons with disabilities and foster their right to choose where, with whom and under what living arrangements they will live, in line with article 19. Investing money obtained within the framework of international cooperation in development of new institutions or places of confinement or institutional models of care is not acceptable, as it leads to the segregation and isolation of persons with disabilities.","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"32","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-5-0097","docId":"crpd-c-gc-5","idx":97,"n":97,"text":"The Committee notes that States parties may face challenges at the national level when implementing the right to living independently and being included in the community. However, in line with the normative content and obligations outlined above, States parties should take the following steps to ensure the full implementation of article 19 of the Convention: (a) Repeal all laws that prevent any person with disabilities, regardless of the type of impairment, to choose where and with whom and how to live, including the right not to be confined on the basis of any kind of disability; (b) Enact and enforce laws, standards and other measures with the purpose of making local communities and the environment, as well as information and communication, accessible to all persons with disabilities; (c) Ensure that social protection programmes meet the requirements of the diverse range of persons with disabilities on an equal basis with others; (d) Insert the principle of universal design for both physical and virtual space in policies, law, standards and other measures, including monitoring the realization/implementation of obligations; review building codes to ensure that they comply with the principles of universal design and legislative guidelines on construction, as outlined in the Committee’s general comment No. 2; (e) Provide all persons with disabilities with substantive and procedural rights to live independently within the community; (f) Inform persons with disabilities about their right to live independently and be included in the community in ways they can understand and provide empowerment trainings with the aim of supporting persons with disabilities to learn how to enforce their rights; (g) Adopt clear and targeted strategies for deinstitutionalization, with specific time frames and adequate budgets, in order to eliminate all forms of isolation, segregation and institutionalization of persons with disabilities; special attention should be paid to persons with psychosocial and/or intellectual disabilities and children with disabilities currently in institutions; (h) Create awareness programmes that tackle negative attitudes and stereotypes about persons with disabilities and secure community transformation in an effort to develop individualized and accessible mainstream services; (i) Ensure the participation of persons with disabilities, personally and through their representative organizations, in transforming support services and communities and in the design and implementation of deinstitutionalization strategies; (j) Design comprehensive policies and legislative guidelines and allocate financial resources for the construction of affordable and accessible housing units, the built environment, public spaces and transport, along with an adequate time frame for their implementation and sanctions which are effective, deterrent and proportionate for violations by public or private authorities; (k) Allocate resources to the development of appropriate and sufficient person-directed/“user”-led and self-managed support services for all persons with disabilities, such as personal assistance, guides, readers and professionally trained sign language or other interpreters; (l) Design tendering processes for providing support services for persons with disabilities living independently in the community that take into account the normative content of article 19; (m) Establish mechanisms to monitor existing institutions and residential services, deinstitutionalization strategies and the implementation of living independently within the community, bearing in mind the role of the independent monitoring frameworks; (n) Carry out the monitoring and implementation envisaged under article 19 in full consultation with and with the participation of persons with disabilities, through their representative organizations.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2017,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"},{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-6-0001","docId":"crpd-c-gc-6","idx":1,"n":1,"text":"The aim of the present general comment is to clarify the obligations of States parties regarding non-discrimination and equality as enshrined in article 5 of the Convention on the Rights of Persons with Disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0002","docId":"crpd-c-gc-6","idx":2,"n":2,"text":"The Committee is concerned that the laws and policies of States parties still approach disability through charity and/or medical models, despite the incompatibility of those models with the Convention. The persistent use of such paradigms fails to acknowledge persons with disabilities as full subjects of rights and as rights holders. In addition, the Committee notes that the efforts by States parties to overcome attitudinal barriers to disability have been insufficient. Examples include enduring and humiliating stereotypes, and stigma of and prejudices against persons with disabilities as being a burden on society. In response, it is critical that persons with disabilities, through their representative organizations, play a central role in the development of legal and policy reforms.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-6-0003","docId":"crpd-c-gc-6","idx":3,"n":3,"text":"3. The broadening of anti-discrimination laws and human rights frameworks has led to extended protection of the rights of persons with disabilities in many States parties. Nevertheless, laws and regulatory frameworks often remain imperfect and incomplete or ineffective, or reflect an inadequate understanding of the human rights model of disability. Many national laws and policies perpetuate the exclusion and isolation of and discrimination and violence against persons with disabilities. They often lack a recognition of multiple and intersectional discrimination or discrimination by association; fail to acknowledge that the denial of reasonable accommodation constitutes discrimination; and lack effective mechanisms of legal redress and reparation. Such laws and policies are commonly not regarded as disability-based discrimination because they are justified as being for the protection or care of the persons with a disability, or in their best interest.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-6-0004","docId":"crpd-c-gc-6","idx":4,"n":4,"text":"4. Equality and non-discrimination are among the most fundamental principles and rights of international human rights law. Because they are interconnected with human dignity, they are the cornerstones of all human rights. In its articles 1 and 2, the Universal Declaration of Human Rights proclaims that everyone is equal in dignity and rights, and condemns discrimination on a non-exhaustive number of grounds.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Equality for and non-discrimination against persons with disabilities in international law"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly attributes 'articles 1 and 2' to 'the Universal Declaration of Human Rights' (UDHR), which is non-treaty."},{"article":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Same sentence: UDHR articles 1 and 2; UDHR is non-treaty."}]},{"id":"crpd-c-gc-6-0005","docId":"crpd-c-gc-6","idx":5,"n":5,"text":"5. Equality and non-discrimination are at the core of all human rights treaties. The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights prohibit discrimination on an open list of grounds, from which article 5 of the Convention originated. All of the thematic United Nations human rights conventions[[fn:1]] aim to establish equality and eliminate discrimination, and contain provisions on equality and non-discrimination. The Convention on the Rights of Persons with Disabilities has taken into account the experiences offered by the other conventions, and its equality and non-discrimination principles represent the evolution of the United Nations tradition and approach.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":1,"text":"The International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Rights of the Child; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; and the International Convention for the Protection of All Persons from Enforced Disappearance."}],"section":["II. Equality for and non-discrimination against persons with disabilities in international law"],"citedArticles":[{"article":"5","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text says 'from which article 5 of the Convention originated' — 'the Convention' in this CRPD document is CRPD. regex_default_treaty=CRPD confirms."}]},{"id":"crpd-c-gc-6-0006","docId":"crpd-c-gc-6","idx":6,"n":6,"text":"6. The term “dignity” appears in the Convention more often than in any other United Nations human rights convention. It is included in the preamble, in which States parties recall the Charter of the United Nations and the principles proclaimed therein, which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Equality for and non-discrimination against persons with disabilities in international law"]},{"id":"crpd-c-gc-6-0007","docId":"crpd-c-gc-6","idx":7,"n":7,"text":"7. Equality and non-discrimination are at the heart of the Convention and evoked consistently throughout its substantive articles with the repeated use of the wording “on an equal basis with others”, which links all substantive rights of the Convention to the non-discrimination principle. Dignity, integrity and equality of the person have been denied to those with actual or perceived impairments. Discrimination has occurred and continues to occur, including in brutal forms such as non-consensual and/or forced systematic sterilizations and medical or hormone-based interventions (e.g. lobotomy or the Ashley treatment), forced drugging and forced electroshocks, confinement, systematic murder labelled “euthanasia”, forced and coerced abortion, denied access to health care, and mutilation and trafficking in body parts, particularly of persons with albinism.","labels":["Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Equality for and non-discrimination against persons with disabilities in international law"]},{"id":"crpd-c-gc-6-0008","docId":"crpd-c-gc-6","idx":8,"n":8,"text":"8. Individual or medical models of disability prevent the application of the equality principle to persons with disabilities. Under the medical model of disability, persons with disabilities are not recognized as rights holders but are instead “reduced” to their impairments. Under these models, discriminatory or differential treatment against and the exclusion of persons with disabilities is seen as the norm and is legitimized by a medically driven incapacity approach to disability. Individual or medical models were used to determine the earliest international laws and policies relating to disability, even after the first attempts to apply the concept of equality to the context of disability. The Declaration on the Rights of Mentally Retarded Persons (1971) and the Declaration on the Rights of Disabled Persons (1975) were the first human rights instruments that contained equality and non-discrimination provisions for persons with disabilities. While these early soft-law human rights instruments paved the way for an equality approach to disability, they were still based on the medical model of disability, as impairment was seen as a legitimate ground for restricting or denying rights. They also include language that is now considered inappropriate or obsolete. A further step was taken in 1993 with the adoption of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, which proclaimed “equality of opportunities” a fundamental concept of disability policy and law.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. The human rights model of disability and inclusive equality"]},{"id":"crpd-c-gc-6-0009","docId":"crpd-c-gc-6","idx":9,"n":9,"text":"9. The human rights model of disability recognizes that disability is a social construct and impairments must not be taken as a legitimate ground for the denial or restriction of human rights. It acknowledges that disability is one of several layers of identity. Hence, disability laws and policies must take the diversity of persons with disabilities into account. It also recognizes that human rights are interdependent, interrelated and indivisible.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. The human rights model of disability and inclusive equality"]},{"id":"crpd-c-gc-6-0010","docId":"crpd-c-gc-6","idx":10,"n":10,"text":"10. Equalization of opportunities, as a general principle of the Convention under article 3, marks a significant development from a formal model of equality to a substantive model of equality. Formal equality seeks to combat direct discrimination by treating persons in a similar situation similarly. It may help to combat negative stereotyping and prejudices, but it cannot offer solutions for the “dilemma of difference”, as it does not consider and embrace differences among human beings. Substantive equality, by contrast, also seeks to address structural and indirect discrimination and takes into account power relations. It acknowledges that the “dilemma of difference” entails both ignoring and acknowledging differences among human beings in order to achieve equality.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. The human rights model of disability and inclusive equality"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-6-0011","docId":"crpd-c-gc-6","idx":11,"n":11,"text":"11. Inclusive equality is a new model of equality developed throughout the Convention. It embraces a substantive model of equality and extends and elaborates on the content of equality in: (a) a fair redistributive dimension to address socioeconomic disadvantages; (b) a recognition dimension to combat stigma, stereotyping, prejudice and violence and to recognize the dignity of human beings and their intersectionality; (c) a participative dimension to reaffirm the social nature of people as members of social groups and the full recognition of humanity through inclusion in society; and (d) an accommodating dimension to make space for difference as a matter of human dignity. The Convention is based on inclusive equality.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. The human rights model of disability and inclusive equality"]},{"id":"crpd-c-gc-6-0012","docId":"crpd-c-gc-6","idx":12,"n":12,"text":"12. Equality and non-discrimination are principles and rights. The Convention refers to them in article 3 as principles and in article 5 as rights. They are also an interpretative tool for all the other principles and rights enshrined in the Convention. The principles/rights of equality and non-discrimination are a cornerstone of the international protection guaranteed by the Convention. Promoting equality and tackling discrimination are cross-cutting obligations of immediate realization. They are not subject to progressive realization.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Legal character of non-discrimination and equality"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0013","docId":"crpd-c-gc-6","idx":13,"n":13,"text":"13. Article 5 of the Convention, like article 26 of the International Covenant on Civil and Political Rights, provides in itself an autonomous right independent from other provisions. It prohibits de jure or de facto discrimination in any field regulated and protected by public authority. Read together with article 4 (1) (e), it is also evident that it extends to the private sector.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Legal character of non-discrimination and equality"],"citedArticles":[{"treaty":"ICCPR","article":"5","source":"regex"},{"treaty":"ICCPR","article":"26","source":"regex"},{"treaty":"ICCPR","article":"4","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-6-0014","docId":"crpd-c-gc-6","idx":14,"n":14,"text":"14. Several international human rights treaties include the term “equal before the law”, which describes the entitlement of persons to equal treatment by and in the application of the law, as a field. In order that this right may be fully realized, the judiciary and law enforcement officers must not, in the administration of justice, discriminate against persons with disabilities. “Equality under the law” is unique to the Convention. It refers to the possibility to engage in legal relationships. While equality before the law refers to the right to be protected by the law, equality under the law refers to the right to use the law for personal benefit. Persons with disabilities have the right to be effectively protected and to positively engage. The law itself shall guarantee the substantive equality of all those within a given jurisdiction. Thus, the recognition that all persons with disabilities are equal under the law means that there should be no laws that allow for specific denial, restriction or limitation of the rights of persons with disabilities, and that disability should be mainstreamed in all legislation and policies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","A. Article 5 (1) on being equal before and under the law"]},{"id":"crpd-c-gc-6-0015","docId":"crpd-c-gc-6","idx":15,"n":15,"text":"15. This interpretation of the terms “being equal before the law” and “being equal under the law” is in line with articles 4 (1) (b) and (c) of the Convention, according to which States parties must ensure that public authorities and institutions act in conformity with the Convention; that existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities are modified or abolished; and that the protection and promotion of the rights of persons with disabilities is taken into account in all policies and programmes.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","A. Article 5 (1) on being equal before and under the law"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-6-0016","docId":"crpd-c-gc-6","idx":16,"n":16,"text":"16. “Equal protection of the law” and “equal benefit of the law” include related but distinct concepts of equality and non-discrimination. The phrase “equal protection of the law” is well known in international human rights treaty law and is used to demand that national legislatures refrain from maintaining or establishing discrimination against persons with disabilities when enacting laws and policies. Reading article 5 in conjunction with articles 1, 3 and 4 of the Convention, it is clear that, in order to facilitate the enjoyment by persons with disabilities on an equal basis of the rights guaranteed under legislation, States parties must take positive actions. Accessibility, reasonable accommodation and individual supports are often required. To ensure equal opportunity for all persons with disabilities, the term “equal benefit of the law” is used, meaning that States parties must eliminate barriers to gaining access to all of the protections of the law and the benefits of equal access to the law and justice to assert rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","B. Article 5 (1) on equal protection and equal benefit of the law"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"1","source":"regex"},{"treaty":"CRPD","article":"3","source":"regex"},{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crpd-c-gc-6-0017","docId":"crpd-c-gc-6","idx":17,"n":17,"text":"17. Article 5 (2) contains the legal requirements for achieving equality rights for persons with disabilities and persons associated with them. The obligations to prohibit all discrimination on the basis of disability includes persons with disabilities and their associates, e.g. parents of children with disabilities. The obligation to guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds is far-reaching and imposes positive duties of protection on States parties. Disability-based discrimination is defined in article 2 as “any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.” That definition is based on legal definitions of discrimination in international human rights treaties, such as article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination and article 1 of the Convention on the Elimination of All Forms of Discrimination against Women. It goes beyond those definitions in two aspects: first, it includes “denial of reasonable accommodation” as a form of disability-based discrimination; second, the phrase “on an equal basis with others” is a new component. In its articles 1 and 3, the Convention on the Elimination of All Forms of Discrimination against Women contains a similar but more limited phrase: “on a basis of equality of men and women”. The phrase “on an equal basis with others” is not only limited to the definition of disability-based discrimination but also permeates the whole Convention on the Rights of Persons with Disabilities. On the one hand, it means that persons with disabilities will not be granted more or fewer rights or benefits than the general population. On the other hand, it requires that States parties take concrete specific measures to achieve de facto equality for persons with disabilities to ensure that they can in fact enjoy all human rights and fundamental freedoms.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"],"citedArticles":[{"article":"5","paragraph":"2","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text says 'Article 5 (2) contains the legal requirements for achieving equality rights for persons with disabilities' — in this CRPD committee GC, 'the Convention' is CRPD. regex_default_treaty=CRPD."},{"article":"2","treaty":"CRPD","confidence":"high","source":"sonnet","rationale":"Text defines disability-based discrimination per 'article 2' with a definition that matches CRPD art. 2 verbatim. regex_default_treaty=CRPD."},{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text says 'article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination' — explicit treaty name."},{"article":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text says 'article 1 of the Convention on the Elimination of All Forms of Discrimination against Women' — explicit treaty name."},{"article":"1","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text says 'In its articles 1 and 3, the Convention on the Elimination of All Forms of Discrimination against Women contains a similar but more limited phrase' — referring to CEDAW art. 1 again."},{"article":"3","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text says 'In its articles 1 and 3, the Convention on the Elimination of All Forms of Discrimination against Women' — explicit reference to CEDAW art. 3."}]},{"id":"crpd-c-gc-6-0018","docId":"crpd-c-gc-6","idx":18,"n":18,"text":"The duty to prohibit “all discrimination” includes all forms of discrimination. International human rights practice identifies four main forms of discrimination, which can occur individually or simultaneously: (a) “Direct discrimination” occurs when, in a similar situation, persons with disabilities are treated less favourably than other persons because of a different personal status in a similar situation for a reason related to a prohibited ground. Direct discrimination includes detrimental acts or omissions based on prohibited grounds where there is no comparable similar situation.[[fn:2]] The motive or intention of the discriminating party is not relevant to a determination of whether discrimination has occurred. For example, a State school that refuses to admit a child with disabilities in order not to change the scholastic programmes does so just because of his or her disability and is an example of direct discrimination; (b) “Indirect discrimination”[[fn:3]] means that laws, policies or practices appear neutral at face value but have a disproportionate negative impact on a person with a disability. It occurs when an opportunity that appears accessible in reality excludes certain persons owing to the fact that their status does not allow them to benefit from the opportunity itself. For example, if a school does not provide books in Easy-Read format, it would indirectly discriminate against persons with intellectual disabilities, who, although technically allowed to attend the school, would in fact need to attend another. Similarly, if a candidate with restricted mobility had a job interview on a second floor office in a building without an elevator, although allowed to sit the interview, the situation puts him/her in an unequal position; (c) “Denial of reasonable accommodation”, according to article 2 of the Convention, constitutes discrimination if the necessary and appropriate modification and adjustments (that do not impose a “disproportionate or undue burden”) are denied and are needed to ensure the equal enjoyment or exercise of a human right or fundamental freedom. Not accepting an accompanying person or refusing to otherwise accommodate a person with a disability are examples of denial of reasonable accommodation; (d) “Harassment” is a form of discrimination when unwanted conduct related to disability or other prohibited grounds takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. It can happen through actions or words that have the effect of perpetuating the difference and oppression of persons with disabilities. Particular attention should be paid to persons with disabilities living in segregated places, such as residential institutions, special schools or psychiatric hospitals, where this type of discrimination is more likely to occur and is by nature invisible, and so not likely to be punished. “Bullying” and its online form, cyberbullying and cyberhate, also constitute particularly violent and harmful forms of hate crimes. Other examples include (disability-based) violence in all its appearances, such as rape, abuse and exploitation, hate-crime and beatings.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":2,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 10."},{"n":3,"text":"Ibid."}],"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"],"citedArticles":[{"treaty":"CRPD","article":"2","source":"regex"}]},{"id":"crpd-c-gc-6-0019","docId":"crpd-c-gc-6","idx":19,"n":19,"text":"19. Discrimination can be based on a single characteristic, such as disability or gender, or on multiple and/or intersecting characteristics. “Intersectional discrimination” occurs when a person with a disability or associated to disability suffers discrimination of any form on the basis of disability, combined with, colour, sex, language, religion, ethnic, gender or other status. Intersectional discrimination can appear as direct or indirect discrimination, denial of reasonable accommodation or harassment. For example, while the denial of access to general health-related information due to inaccessible format affects all persons on the basis of disability, the denial to a blind woman of access to family planning services restricts her rights based on the intersection of her gender and disability. In many cases, it is difficult to separate these grounds. States parties must address multiple and intersectional discrimination against persons with disabilities. “Multiple discrimination” according to the Committee is a situation where a person can experience discrimination on two or several grounds, in the sense that discrimination is compounded or aggravated. Intersectional discrimination refers to a situation where several grounds operate and interact with each other at the same time in such a way that they are inseparable and thereby expose relevant individuals to unique types of disadvantage and discrimination.[[fn:4]]","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":4,"text":"See Committee on the Rights of Persons with Disabilities general comment No. 3 (2016) on women and girls with disabilities, paras. 4 (c) and 16."}],"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"]},{"id":"crpd-c-gc-6-0020","docId":"crpd-c-gc-6","idx":20,"n":20,"text":"20. Discrimination “on the basis of disability” can be against persons who have a disability at present, who have had a disability in the past, who have a disposition to a disability that lies in the future, who are presumed to have a disability, as well as those who are associated with a person with a disability. The latter is known as “discrimination by association”. The reason for the wide scope of article 5 is to eradicate and combat all discriminatory situations and/or discriminatory conducts that are linked to disability.","labels":["Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0021","docId":"crpd-c-gc-6","idx":21,"n":21,"text":"21. Protection against “discrimination on all grounds” means that all possible grounds of discrimination and their intersections must be taken into account. Possible grounds include but are not limited to: disability; health status; genetic or other predisposition towards illness; race; colour; descent; sex; pregnancy and maternity/paternity; civil; family or career status; gender expression; sex; language; religion; political or other opinion; national, ethnic, indigenous or social origin; migrant, refugee or asylum status; belonging to a national minority; economic or property status; birth; and age, or a combination of any of those grounds or characteristics associated with any of those grounds.","labels":["Refugees & asylum-seekers","Indigenous peoples","Women/girls"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"]},{"id":"crpd-c-gc-6-0022","docId":"crpd-c-gc-6","idx":22,"n":22,"text":"22. “Equal and effective legal protection against discrimination” means that States parties have positive obligations to protect persons with disabilities from discrimination, with an obligation to enact specific and comprehensive anti-discrimination legislation. The explicit legal prohibition of disability-based and other discrimination against persons with disabilities in legislation should be accompanied by the provision of appropriate and effective legal remedies and sanctions in relation to intersectional discrimination in civil, administrative and criminal proceedings. Where the discrimination is of a systemic nature, the mere granting of compensation to an individual may not have any real effect in terms of changing the approach. In those cases, States parties should also implement “forward-looking, non-pecuniary remedies” in their legislation, meaning that further effective protection against discrimination carried out by private parties and organizations is provided by the State party.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","C. Article 5 (2) on the prohibition of discrimination and equal and effective legal protection"]},{"id":"crpd-c-gc-6-0023","docId":"crpd-c-gc-6","idx":23,"n":23,"text":"23. Reasonable accommodation is an intrinsic part of the immediately applicable duty of non-discrimination in the context of disability.[[fn:5]] Examples of reasonable accommodations include making existing facilities and information accessible to the individual with a disability; modifying equipment; reorganizing activities; rescheduling work; adjusting curricula learning materials and teaching strategies; adjusting medical procedures; or enabling access to support personnel without disproportionate or undue burden.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":5,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 5 (1994) on persons with disabilities, para. 15."}],"section":["V. Normative content","D. Article 5 (3) on reasonable accommodation"]},{"id":"crpd-c-gc-6-0024","docId":"crpd-c-gc-6","idx":24,"n":24,"text":"Reasonable accommodation duties are different from accessibility duties. Both aim to guarantee accessibility, but the duty to provide accessibility through universal design or assistive technologies is an ex ante duty, whereas the duty to provide reasonable accommodation is an ex nunc duty: (a) As an ex ante duty, accessibility must be built into systems and processes without regard to the need of a particular person with a disability, for example, to have access to a building, a service or a product, on an equal basis with others. States parties must set accessibility standards that are developed and adopted in consultation with organizations of persons with disabilities, consistent with article 4 (3) of the Convention. The duty of accessibility is a proactive, systemic duty; (b) As an ex nunc duty, reasonable accommodation must be provided from the moment that a person with a disability requires access to non-accessible situations or environments, or wants to exercise his or her rights. Reasonable accommodation is often but not necessarily requested by the person who requires access, or by relevant representatives of a person or a group of people. Reasonable accommodation must be negotiated with the applicant(s). In certain circumstances, the reasonable accommodation provided becomes a collective or public good. In other cases, the reasonable accommodations provided only benefit the applicant(s). The duty to provide reasonable accommodation is an individualized reactive duty that is applicable from the moment a request for accommodation is received. Reasonable accommodation requires the duty bearer to enter into dialogue with the individual with a disability. It is important to note that the duty to provide reasonable accommodation is not limited to situations in which the person with a disability has asked for an accommodation or in which it could be proved that the alleged duty bearer was actually aware that the person in question had a disability. It should also apply in situations where a potential duty bearer should have realized that the person in question had a disability that might require accommodations to address barriers to exercising rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","D. Article 5 (3) on reasonable accommodation"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-6-0025","docId":"crpd-c-gc-6","idx":25,"n":25,"text":"The duty to provide reasonable accommodation in accordance with articles 2 and 5 of the Convention can be broken down into two constituent parts. The first part imposes a positive legal obligation to provide a reasonable accommodation which is a modification or adjustment that is necessary and appropriate where it is required in a particular case to ensure that a person with a disability can enjoy or exercise her or his rights. The second part of this duty ensures that those required accommodations do not impose a disproportionate or undue burden on the duty bearer. (a) “Reasonable accommodation” is a single term, and “reasonable” should not be misunderstood as an exception clause; the concept of “reasonableness” should not act as a distinct qualifier or modifier to the duty. It is not a means by which the costs of accommodation or the availability of resources can be assessed — this occurs at a later stage, when the “disproportionate or undue burden” assessment is undertaken. Rather, the reasonableness of an accommodation is a reference to its relevance, appropriateness and effectiveness for the person with a disability. An accommodation is reasonable, therefore, if it achieves the purpose (or purposes) for which it is being made, and is tailored to meet the requirements of the person with a disability; (b) “Disproportionate or undue burden” should be understood as a single concept that sets the limit of the duty to provide reasonable accommodation. Both terms should be considered synonyms insofar as they refer to the same idea: that the request for reasonable accommodation needs to be bound by a possible excessive or unjustifiable burden on the accommodating party; (c) “Reasonable accommodation” should also not be confused with “specific measures”, including “affirmative action measures”. While both concepts aim at achieving de facto equality, reasonable accommodation is a non-discrimination duty, whereas specific measures imply a preferential treatment of persons with disabilities over others to address historic and/or systematic/systemic exclusion from the benefits of exercising rights. Examples of specific measures include temporary measures for countering the low numbers of women with disabilities employed in the private sector and support programmes to increase the number of students with disabilities in tertiary education. Similarly, reasonable accommodation should not be confused with the provision of support, such as personal assistants, under the right to live independently and be included in the community, or support to exercise legal capacity; (d) “Procedural accommodations” in the context of access to justice should not be confused with reasonable accommodation; while the latter is limited by the concept of disproportionality, procedural accommodations are not.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","D. Article 5 (3) on reasonable accommodation"],"citedArticles":[{"treaty":"CRPD","article":"2","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0026","docId":"crpd-c-gc-6","idx":26,"n":26,"text":"Key elements that guide the implementation of the duty to provide reasonable accommodation include: (a) Identifying and removing barriers that have an impact on the enjoyment of human rights for persons with disabilities, in dialogue with the person with a disability concerned; (b) Assessing whether an accommodation is feasible (legally or in practice) — an accommodation that is legally or materially impossible is unfeasible; (c) Assessing whether the accommodation is relevant (i.e., necessary and appropriate) or effective in ensuring the realization of the right in question; (d) Assessing whether the modification imposes a disproportionate or undue burden on the duty bearer; the determination of whether a reasonable accommodation is disproportionate or unduly burdensome requires an assessment of the proportional relationship between the means employed and its aim, which is the enjoyment of the right concerned; (e) Ensuring that the reasonable accommodation is suitable to achieve the essential objective of the promotion of equality and the elimination of discrimination against persons with disabilities. A case-by-case approach based on consultations with the relevant body charged with reasonable accommodation and the person concerned is therefore required. Potential factors to be considered include financial costs, resources available (including public subsidies), the size of the accommodating party (in its entirety), the effect of the modification on the institution or the enterprise, third-party benefits, negative impacts on other persons and reasonable health and safety requirements. Regarding the State party as a whole and the private sector entities, overall assets rather than just the resources of a unit or department within an organizational structure must be considered; (f) Ensuring that the persons with a disability more broadly do not bear the costs; (g) Ensuring that the burden of proof rests with the duty bearer who claims that his or her burden would be disproportionate or undue.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","D. Article 5 (3) on reasonable accommodation"]},{"id":"crpd-c-gc-6-0027","docId":"crpd-c-gc-6","idx":27,"n":27,"text":"27. Any justification of the denial of reasonable accommodation must be based on objective criteria and analysed and communicated in a timely fashion to the person with a disability concerned. The justification test in reasonable accommodation is related to the length of the relationship between the duty bearer and the rights holder.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","D. Article 5 (3) on reasonable accommodation"]},{"id":"crpd-c-gc-6-0028","docId":"crpd-c-gc-6","idx":28,"n":28,"text":"28. Specific measures not to be regarded as discrimination are positive or affirmative measures that aim to accelerate or achieve de facto equality of persons with disabilities. Such measures are mentioned in other international human rights treaties, such as article 4 of the Convention on the Elimination of All Forms of Discrimination against Women or article 1 (4) of the International Convention on the Elimination of All Forms of Racial Discrimination, and entail adopting or maintaining certain advantages in favour of an underrepresented or marginalized group. They are usually temporary in nature, although in some instances permanent specific measures are required, depending on context and circumstances, including by virtue of a particular impairment or the structural barriers of society. Examples of specific measures include outreach and support programmes, allocation and/or reallocation of resources, targeted recruitment, hiring and promotion, quota systems, advancement and empowerment measures, as well as respite care and technological aids.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","E. Article 5 (4) on specific measures"],"citedArticles":[{"article":"4","treaty":"CEDAW","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 4 of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"1","paragraph":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'article 1 (4) of the International Convention on the Elimination of All Forms of Racial Discrimination'."}]},{"id":"crpd-c-gc-6-0029","docId":"crpd-c-gc-6","idx":29,"n":29,"text":"29. Specific measures adopted by States parties under article 5 (4) of the Convention must be consistent with all its principles and provisions. In particular, they must not result in perpetuation of isolation, segregation, stereotyping, stigmatization or otherwise discrimination against persons with disabilities. Thus, States parties must consult closely with and actively involve representative organizations of persons with disabilities when they adopt specific measures.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Normative content","E. Article 5 (4) on specific measures"],"citedArticles":[{"treaty":"CRPD","article":"5","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-6-0030","docId":"crpd-c-gc-6","idx":30,"n":30,"text":"30. States parties have an obligation to respect, protect and fulfil the right of all persons with disabilities to non-discrimination and equality. In that regard, States parties must refrain from any action that discriminates against persons with disabilities. In particular, States parties shall modify or abolish existing laws, regulations, customs and practices that constitute such discrimination. The Committee has often given examples in that regard including: guardianship laws and other rules infringing upon the right to legal capacity;[[fn:6]] mental health laws that legitimize forced institutionalization and forced treatment, which are discriminatory and must be abolished;[[fn:7]] non-consensual sterilization of women and girls with disabilities; inaccessible housing and institutionalization policy;[[fn:8]] segregated education laws and policies;[[fn:9]] and election laws that disenfranchise persons with disabilities.[[fn:10]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":6,"text":"See Committee on the Rights of Persons with Disabilities general comment No. 1 (2014) on equal recognition before the law."},{"n":7,"text":"See Committee on the Rights of Persons with Disabilities, guidelines on article 14, paras. 6 and 14. Available from the Committee’s web page (www.ohchr.org/EN/HRBodies/CRPD/ Pages/CRPDIndex.aspx)."},{"n":8,"text":"See, for example, general comment No. 5 (2017) on living independently and being included in the community, para. 46."},{"n":9,"text":"See general comment No. 4 (2016) on the right to inclusive education, para. 24."},{"n":10,"text":"See Bujdosó et al v. Hungary (CRPD/C/10/D/4/2011)."}],"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"]},{"id":"crpd-c-gc-6-0031","docId":"crpd-c-gc-6","idx":31,"n":31,"text":"The effective enjoyment of the rights to equality and non-discrimination calls for the adoption of enforcement measures, such as: (a) Measures to raise the awareness of all people about the rights of persons with disabilities under the Convention, the meaning of discrimination and the existing judicial remedies; (b) Measures to ensure rights contained in the Convention are actionable in domestic courts and provide access to justice for all persons who have experienced discrimination; (c) Protection from retaliation, such as adverse treatment or adverse consequences in reaction to a complaint or to proceedings aimed at enforcing compliance with equality provisions; (d) The legal right to bring a lawsuit to court and to pursue claims through associations, organizations or other legal entities that have a legitimate interest in the realization of the right to equality; (e) Specific rules relating to evidence and proof to ensure that stereotyped attitudes about the capacity of persons with disabilities do not result in victims of discrimination being inhibited in obtaining redress; (f) Effective, proportionate and dissuasive sanctions for breach of the right to equality and adequate remedies; (g) Sufficient and accessible provision of legal aid to ensure access to justice for the claimant in discrimination litigation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"]},{"id":"crpd-c-gc-6-0032","docId":"crpd-c-gc-6","idx":32,"n":32,"text":"32. States parties must identify areas or subgroups of persons with disabilities — including those who face intersectional discrimination — that require specific measures to accelerate or achieve inclusive equality. States parties are under an obligation to adopt specific measures for such groups.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"]},{"id":"crpd-c-gc-6-0033","docId":"crpd-c-gc-6","idx":33,"n":33,"text":"33. Regarding the consultation obligations of States parties, article 4 (3) and article 33 (3) of the Convention emphasize the important role that organizations of persons with disabilities must play in the implementation and monitoring of the Convention. States parties must ensure that they consult closely and actively involve such organizations, which represent the vast diversity in society, including children, autistic persons, persons with a genetic or neurological condition, persons with rare and chronic diseases, persons with albinism, lesbian, gay, bisexual, transgender or intersex persons, indigenous peoples, rural communities, older persons, women, victims of armed conflicts and persons with an ethnic minority or migrant background. Only then can it be expected that all discrimination, including multiple and intersectional discrimination, will be tackled.","labels":["Indigenous peoples","Migrants","Persons with disabilities","LGBTI+","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-6-0034","docId":"crpd-c-gc-6","idx":34,"n":34,"text":"34. States parties have information obligations in relation to article 5 of the Convention in that they must collect and analyse appropriate data and research information in order to identify inequalities, discriminatory practices and patterns of disadvantage, and analyse the effectiveness of measures promoting equality. The Committee has observed that, in many States parties, there is a lack of updated data on disability discrimination and that often, in cases where the national law and regulations allow it, no differentiation is made according to impairment, gender, sex, gender identity, ethnicity, religion, age or other layers of identity. Such data and its analysis are of paramount importance for developing effective anti-discrimination and equality measures.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0035","docId":"crpd-c-gc-6","idx":35,"n":35,"text":"35. States parties should also conduct appropriate research on disability discrimination and equality rights for persons with disabilities. Research agendas must embed persons with disabilities in research processes from the agenda-setting stage to ensure their meaningful participation in research. Inclusive and participatory research processes should ensure a safe space for participants and centre around the lived experiences and requirements of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VI. General obligations of States parties under the Convention relating to non-discrimination and equality"]},{"id":"crpd-c-gc-6-0036","docId":"crpd-c-gc-6","idx":36,"n":36,"text":"36. Women and girls with disabilities are among those groups of persons with disabilities who most often experience multiple and intersectional discrimination.[[fn:11]] Article 6 is a cross-cutting article and must be taken into account in relation to all provisions of the Convention.[[fn:12]] While only article 6 mentions the term “multiple discrimination”, multiple and intersectional discrimination may occur in any combination of two or more grounds. Article 6 is a binding equality and non-discrimination article that prohibits discrimination against women and girls with disabilities and obliges States parties to promote equality of both opportunity and outcomes. Moreover, article 6, like article 7, must be regarded as illustrative, rather than exhaustive, setting out obligations in respect of the two prominent examples of multiple and intersectional discrimination.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":11,"text":"See Committee on the Elimination of Discrimination against Women general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, para. 31."},{"n":12,"text":"See Committee on the Rights of Persons with Disabilities general comment No. 3, para. 12."}],"section":["VII. Relationship with other specific articles of the Convention","A. Article 6 on women with disabilities"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"7","source":"regex"}]},{"id":"crpd-c-gc-6-0037","docId":"crpd-c-gc-6","idx":37,"n":37,"text":"37. Children with disabilities often experience multiple, and intersectional discrimination. States parties must prohibit all forms of discrimination on the basis of disability that are specific to children; provide effective and accessible remedies; and raise awareness among the public and professionals to prevent and eliminate discrimination. In many States parties, for instance, children can lawfully be assaulted under the guise of “discipline” or “safety” (e.g. restraint). This physical punishment often disproportionately affects children with disabilities. States parties must prohibit all forms of corporal punishment and cruel, inhuman and degrading treatment of children, in all settings, and ensure appropriate measures are taken to enforce this ban.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","B. Article 7 on children with disabilities"]},{"id":"crpd-c-gc-6-0038","docId":"crpd-c-gc-6","idx":38,"n":38,"text":"38. The concept of the “best interests of the child” contained in article 3 of the Convention on the Rights of the Child should be applied to children with disabilities with careful consideration of their circumstances. States parties should promote the mainstreaming of disability in general laws and policies on childhood and adolescence. The concept of best interest, however, should not be used to prevent children, especially girls with disabilities, from exercising their right to bodily integrity. It should be used to ensure that children with disabilities are informed, consulted and have a say in every decision-making process related to their situation. In particular, States parties should address violence and institutionalization of children with disabilities, who are denied the right to grow up in their families as a matter of discrimination. States parties should implement deinstitutionalization strategies that help children to live with their families or in alternative family care in the community. States parties should also adopt support measures to enable all children with disabilities to exercise their right to be heard, in all procedures that affect them, including in parliament, committees and bodies of political decision-making.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","B. Article 7 on children with disabilities"],"citedArticles":[{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"crpd-c-gc-6-0039","docId":"crpd-c-gc-6","idx":39,"n":39,"text":"39. Discrimination cannot be combated without awareness-raising among all sectors of government and society. Thus, any non-discrimination and equality measure must be accompanied by adequate awareness-raising measures and measures to change or abolish compounded pejorative disability stereotypes and negative attitudes. In addition, violence, harmful practices and prejudices must be tackled by awareness-raising campaigns. States parties should undertake measures to encourage, inter alia, the media to portray persons with disabilities in a manner consistent with the purpose of the Convention and to modify harmful views of persons with disabilities, such as those that portray them unrealistically as being dangerous to themselves and others, or sufferers and dependent objects of care without autonomy who are unproductive economic and social burdens to society.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","C. Article 8 on awareness-raising"]},{"id":"crpd-c-gc-6-0040","docId":"crpd-c-gc-6","idx":40,"n":40,"text":"40. Accessibility is a precondition and a means to achieve de facto equality for all persons with disabilities. For persons with disabilities to effectively participate in the community, States parties must address accessibility of the built environment, public transport, as well as information and communication services, which must be available and usable for all persons with disabilities on an equal basis with others. Accessibility in the context of communication services includes the provision of social and communication support.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","D. Article 9 on accessibility"]},{"id":"crpd-c-gc-6-0041","docId":"crpd-c-gc-6","idx":41,"n":41,"text":"As noted above, accessibility and reasonable accommodations are two distinct concepts of equality laws and policies: (a) Accessibility duties relate to groups and must be implemented gradually but unconditionally; (b) Reasonable accommodation duties, on the other hand, are individualized, apply immediately to all rights and may be limited by disproportionality.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","D. Article 9 on accessibility"]},{"id":"crpd-c-gc-6-0042","docId":"crpd-c-gc-6","idx":42,"n":42,"text":"42. Because the gradual realization of accessibility in the built environment, public transportation and information and communication services may take time, reasonable accommodation may be used as a means to provide access to an individual in the meantime, as it is an immediate duty. The Committee calls upon States parties to be guided by its general comment No. 2 (2014) on accessibility.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","D. Article 9 on accessibility"]},{"id":"crpd-c-gc-6-0043","docId":"crpd-c-gc-6","idx":43,"n":43,"text":"43. Non-discrimination must be ensured in situations of risk and humanitarian emergencies, based also on obligations in international humanitarian law, including humanitarian disarmament law, to address the increased risk inherent in such situations, of discrimination against persons with disabilities.","labels":["Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","E. Article 11 on situations of risk and humanitarian emergencies"]},{"id":"crpd-c-gc-6-0044","docId":"crpd-c-gc-6","idx":44,"n":44,"text":"44. Internationally displaced persons with disabilities and/or refugees with disabilities often lack equal access to basic necessities, such as water, sanitation, food and shelter. For example, accessible hygiene facilities like latrines and showers often do not exist or are insufficient.","labels":["Refugees & asylum-seekers","Persons with disabilities","Internally displaced persons"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","E. Article 11 on situations of risk and humanitarian emergencies"]},{"id":"crpd-c-gc-6-0045","docId":"crpd-c-gc-6","idx":45,"n":45,"text":"45. Women and girls with disabilities in situations of risk and humanitarian emergencies are at a particularly increased risk of violence, including sexual violence, exploitation or abuse and are less likely to be able to have access to recovery and rehabilitation services or access to justice.[[fn:13]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":13,"text":"See general comment No. 3, paras. 49–50."}],"section":["VII. Relationship with other specific articles of the Convention","E. Article 11 on situations of risk and humanitarian emergencies"]},{"id":"crpd-c-gc-6-0046","docId":"crpd-c-gc-6","idx":46,"n":46,"text":"46. States parties are therefore required to ensure the principle of non-discrimination in all programmes and actions. This means to include on an equal basis persons with disabilities in national emergency protocols, to fully recognize persons with disabilities in evacuation scenarios, to provide for accessible information and communication helplines and hotlines, to ensure that humanitarian aid relief is distributed in an accessible, non-discriminatory way to persons with disabilities in humanitarian emergencies, and to ensure that water, sanitation and hygiene facilities in emergency shelters and refugee camps are available and accessible for persons with disabilities. After emergencies, accessible reconstruction is decisive for the equality of persons with disabilities in society. To ensure these elements, States parties must closely engage with persons with disabilities through their representative organizations, in the design and implementation, monitoring and evaluation of legislation and policies related to all the stages of emergencies.","labels":["Refugees & asylum-seekers","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","E. Article 11 on situations of risk and humanitarian emergencies"]},{"id":"crpd-c-gc-6-0047","docId":"crpd-c-gc-6","idx":47,"n":47,"text":"47. The right to legal capacity is a threshold right, that is, it is required for the enjoyment of almost all other rights in the Convention, including the right to equality and non-discrimination. Articles 5 and 12 are fundamentally connected, because equality before the law must include the enjoyment of legal capacity by all persons with disabilities on an equal basis with others. Discrimination through denial of legal capacity may be present in different ways, including status-based, functional and outcome-based systems. Denial of decision-making on the basis of disability through any of these systems is discriminatory.[[fn:14]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":14,"text":"See general comment No. 1, para. 15."}],"section":["VII. Relationship with other specific articles of the Convention","F. Article 12 on equal recognition before the law"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-6-0048","docId":"crpd-c-gc-6","idx":48,"n":48,"text":"48. A key difference between the reasonable accommodation obligation under article 5 of the Convention and the support that must be provided for persons with disabilities exercising their legal capacity under article 12 (3) is that there is no limit on the obligation under article 12 (3). The fact that support to exercise capacity may impose a disproportionate or undue burden does not limit the requirement to provide it.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","F. Article 12 on equal recognition before the law"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"12","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"12","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-6-0049","docId":"crpd-c-gc-6","idx":49,"n":49,"text":"To ensure consistency between articles 5 and 12 of the Convention, States parties should: (a) Reform existing legislation to prohibit discriminatory denial of legal capacity, premised on status-based, functional or outcome-based models. Where appropriate, replace those with models of supported decision-making, taking into account universal adult legal capacity without any form of discrimination; (b) Provide resources to systems of supported decision-making to assist persons with disabilities to navigate existing legal systems. Legislating and resourcing such services should be consistent with the key provisions identified in paragraph 29 of general comment No. 1 (2014) on equal recognition before the law. This includes basing any systems of support on giving effect to the rights, will and preferences of those receiving support rather than what is perceived as being in their best interests. The best interpretation of will and preferences should replace best-interest concept in all matters related to adults where it is not practicable to determine the person’s will and preferences; (c) States parties should provide protection against discrimination by establishing an accessible, locally available, low-threshold network of high-quality free legal counselling or legal aid, which must respect the will and preferences of these persons and protect their procedural rights (right to legal capacity) at the same level as for other types of legal representation. States parties must consistently ensure that instruments for protection are not based on removing legal capacity or otherwise hindering the access of persons with disabilities to justice.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","F. Article 12 on equal recognition before the law"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-6-0050","docId":"crpd-c-gc-6","idx":50,"n":50,"text":"50. Training and education should be provided for relevant agencies, such as legal decision makers, service providers or other stakeholders. States parties are obliged to ensure the equal enjoyment of all goods and services offered in society, including the goods and services listed in article 12 (5), which provides examples of goods that persons with disabilities are particularly precluded from, such as property or services connected to financial affairs, e.g. mortgages. Article 25 (e) mentions another service which is usually not open to persons with disabilities, namely, that of life insurance and (private) health insurance. States parties should take an active, comprehensive approach to ensure equal enjoyment of goods and services in the private sector. That includes a strengthening of the anti-discrimination legislation as it applies to the private sector. Cooperation with trade unions and other actors should be utilized to find partners willing to bring about change.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","F. Article 12 on equal recognition before the law"],"citedArticles":[{"treaty":"CRPD","article":"12","paragraph":"5","source":"regex"},{"treaty":"CRPD","article":"25","source":"regex"}]},{"id":"crpd-c-gc-6-0051","docId":"crpd-c-gc-6","idx":51,"n":51,"text":"51. The rights and obligations with respect to equality and non-discrimination outlined in article 5 raise particular considerations with respect to article 13, which, among others, call for the provision of procedural and age-appropriate accommodations. These accommodations are distinguishable from reasonable accommodation in that procedural accommodations are not limited by disproportionality. An illustration of a procedural accommodation is the recognition of diverse communication methods of persons with disabilities standing in courts and tribunals. Age-appropriate accommodations may consist of disseminating information about available mechanisms to bring complaints forward and access to justice using age-appropriate and plain language.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","G. Article 13 on access to justice"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"13","source":"regex"}]},{"id":"crpd-c-gc-6-0052","docId":"crpd-c-gc-6","idx":52,"n":52,"text":"In order to ensure effective access to justice, processes must allow participation and be transparent. Actions that enable participation include: (a) Delivery of information in an understandable and accessible manner; (b) Recognition and accommodation of diverse forms of communication; (c) Physical accessibility throughout all stages of the process; (d) Financial assistance in the case of legal aid, where applicable, and subject to statutory tests of means and merits.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","G. Article 13 on access to justice","1. Article 13 (1)"]},{"id":"crpd-c-gc-6-0053","docId":"crpd-c-gc-6","idx":53,"n":53,"text":"53. Suitable measures that can protect persons who are unable to defend themselves against discrimination, even when provided with support, or whose options are greatly limited by fear of the negative consequences of such attempts, are actions in public interest (actio popularis).","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","G. Article 13 on access to justice","1. Article 13 (1)"]},{"id":"crpd-c-gc-6-0054","docId":"crpd-c-gc-6","idx":54,"n":54,"text":"54. Furthermore, in order to provide transparency, a State party action must ensure that all relevant information is accessible and available and that there is adequate recording and reporting of all relevant claims, cases and court orders.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","G. Article 13 on access to justice","1. Article 13 (1)"]},{"id":"crpd-c-gc-6-0055","docId":"crpd-c-gc-6","idx":55,"n":55,"text":"In order to encourage appropriate respect for and fulfilment of rights and obligations, it is necessary to train law enforcement officers, raise awareness among rights holders and build the capacity of duty bearers. Appropriate training should include: (a) The complexities of intersectionality and the fact that persons should not be identified purely on the basis of impairment. Awareness-raising on intersectionality issues should be relevant to particular forms of discrimination and oppression; (b) The diversity among persons with disabilities and their individual requirements in order to gain effective access to all aspects of the justice system on an equal basis with others; (c) The individual autonomy of persons with disabilities and the importance of legal capacity for all; (d) The centrality of effective and meaningful communications to successful inclusion; (e) Measures adopted to ensure the effective training of personnel, including lawyers, magistrates, judges, prison staff, sign-language interpreters and the police and penitentiary system, on the rights of persons with disabilities.","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","G. Article 13 on access to justice","2. Article 13 (2)"]},{"id":"crpd-c-gc-6-0056","docId":"crpd-c-gc-6","idx":56,"n":56,"text":"56. Persons with disabilities can be disproportionately affected by violence, abuse and other cruel and degrading punishment, which can take the form of restraint or segregation as well as violent assault. The Committee is particularly concerned about the following acts committed against persons with disabilities, including children on the grounds of impairment, which by definition are discriminatory: separation of children with disabilities from their families and forced placement in institutions; deprivation of liberty; torture or cruel, inhuman or degrading treatment or punishment; violence; and the forced treatment of persons with disabilities inside and outside of mental health facilities. States parties must take all appropriate measures, to provide protection from and prevent all forms of exploitation, violence and abuse against persons with disabilities. Forced corrective disability treatments should be prohibited.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VII. Relationship with other specific articles of the Convention","H. Article 14 on liberty and security of the person, article 15 on freedom from torture or cruel, inhuman or degrading treatment or punishment, article 16 on freedom from exploitation, violence and abuse, and article 17 on protecting the integrity of the person"]},{"id":"crpd-c-gc-6-0057","docId":"crpd-c-gc-6","idx":57,"n":57,"text":"57. Article 19 of the Convention reaffirms non-discrimination and recognition of the equal right of persons with disabilities to live with full inclusion and participation independently in the community. In order to realize the right to live independently and be included in the community, States parties must take effective and appropriate measures to facilitate the full enjoyment of the right and the full inclusion and participation of persons with disabilities in the community. This involves implementing deinstitutionalization strategies and, in accordance with the Committee’s general comment No. 5 (2017) on living independently and being included in the community, allocating resources for independent living support services, accessible and affordable housing, support services for family carers and access to inclusive education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-6-0058","docId":"crpd-c-gc-6","idx":58,"n":58,"text":"58. Article 19 of the Convention recognizes the right not to be obliged to live in a particular living arrangement on account of one’s disability. Institutionalization is discriminatory as it demonstrates a failure to create support and services in the community for persons with disabilities, who are forced to relinquish their participation in community life to receive treatment. The institutionalization of persons with disabilities as a condition to receive public sector mental health services constitutes differential treatment on the basis of disability and, as such, is discriminatory.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-6-0059","docId":"crpd-c-gc-6","idx":59,"n":59,"text":"59. Eligibility criteria and procedures for gaining access to support services must be defined in a non-discriminatory way and must focus on the requirements of the person rather than the impairment, following a human rights-based approach. The development of support services should be person-centred, age- and gender-sensitive and culturally appropriate.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community"]},{"id":"crpd-c-gc-6-0060","docId":"crpd-c-gc-6","idx":60,"n":60,"text":"60. States parties should prohibit and prevent third parties from imposing practical or procedural barriers to living independently and being included in the community, for example by ensuring that services are in line with independent and community living and that persons with disabilities are not denied the possibility to rent or disadvantaged in the housing market.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community"]},{"id":"crpd-c-gc-6-0061","docId":"crpd-c-gc-6","idx":61,"n":61,"text":"61. Persons with disabilities often face discrimination in the exercise of their right to marry or their parental and family rights owing to discriminatory laws and policies, and administrative measures. Parents with disabilities are frequently seen as inadequate or unable to take care of their children. Separation of a child from his or her parents based on the disability of the child or parents or both is discrimination and in violation of article 23.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","J. Article 23 on respect for home and the family"],"citedArticles":[{"treaty":"CRPD","article":"23","source":"regex"}]},{"id":"crpd-c-gc-6-0062","docId":"crpd-c-gc-6","idx":62,"n":62,"text":"62. The placement of children in institutions on the basis of their impairment is also a form of discrimination prohibited by article 23 (5) of the Convention. States must ensure that parents with disabilities and parents of children with disabilities have the necessary support in the community to care for their children.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","J. Article 23 on respect for home and the family"],"citedArticles":[{"treaty":"CRPD","article":"23","paragraph":"5","source":"regex"}]},{"id":"crpd-c-gc-6-0063","docId":"crpd-c-gc-6","idx":63,"n":63,"text":"63. The failure of some States parties to provide students with disabilities — including students with visible and invisible disabilities and those who experience multiple forms of discrimination or intersectional discrimination — with equal access to mainstream school with inclusive and quality education is discriminatory, contrary to the objectives of the Convention and in direct contravention of articles 5 and 24. Article 5 (1) interacts with article 24 and requires States parties to remove all types of discriminatory barriers, including legal and social barriers, to inclusive education.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","K. Article 24 on education"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-6-0064","docId":"crpd-c-gc-6","idx":64,"n":64,"text":"64. Segregated models of education, which exclude students with disabilities from mainstream and inclusive education on the basis of disability, contravene articles 5 (2) and 24 (1) (a) of the Convention. Article 5 (3) requires States parties to take all appropriate steps to ensure that reasonable accommodation is provided. That right is strengthened for persons with disabilities in article 24 (2) (b), which requires States parties to ensure an inclusive education for persons with disabilities on an equal basis with others in the communities in which they live. That goal can be achieved by providing reasonable accommodation of an individual’s requirement, in accordance with article 24 (2) (c), and developing new and inclusive settings according to universal design. Standardized assessment systems, including entry examination that directly or indirectly exclude students with disabilities are discriminatory and in contravention of articles 5 and 24. States parties’ obligations extend beyond the school. States parties must ensure school transportation is provided to all students with disabilities where transportation options are limited due to social or economic barriers.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","K. Article 24 on education"],"citedArticles":[{"treaty":"CRPD","article":"5","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"24","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"24","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-6-0065","docId":"crpd-c-gc-6","idx":65,"n":65,"text":"65. To ensure equality and non-discrimination for deaf children in educational settings, they must be provided with sign language learning environments with deaf peers and deaf adult role models. The lack of proficiency in sign language skills of teachers of deaf children and inaccessible school environments exclude deaf children and are thus considered discriminatory. The Committee calls upon States parties to be guided by its general comment No. 4 (2016) on the right to inclusive education, when carrying out measures to fulfil their obligations under articles 5 and 24.","labels":["Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","K. Article 24 on education"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-6-0066","docId":"crpd-c-gc-6","idx":66,"n":66,"text":"66. Under articles 5 and 25 of the Convention, States parties must prohibit and prevent discriminatory denial of health services to persons with disabilities and to provide gender-sensitive health services, including sexual and reproductive health rights. States parties must also address forms of discrimination that violate the right of persons with disabilities, that impede their right to health through violations of the right to receive health care on the basis of free and informed consent,[[fn:15]] or that make facilities or information inaccessible.[[fn:16]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":15,"text":"See general comment No. 1, para. 41."},{"n":16,"text":"See general comment No. 2, para. 40."}],"section":["I. Article 19 on living independently and being included in the community","L. Article 25 on health"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"25","source":"regex"}]},{"id":"crpd-c-gc-6-0067","docId":"crpd-c-gc-6","idx":67,"n":67,"text":"To achieve de facto equality in terms of the Convention, States parties must ensure that there is no discrimination on the grounds of disability in connection to work and employment.[[fn:17]] In order to ensure reasonable accommodation as laid out in article 5 (3) and to achieve or accelerate de facto equality in the work environment as laid out in article 5 (4), States parties should: (a) Facilitate the transition away from segregated work environments for persons with disabilities and support their engagement in the open labour market, and in the meantime also ensure the immediate applicability of labour rights to those settings; (b) Promote the right to supported employment, including to work assistance, job coaching and vocational qualification programmes; protect the rights of workers with disabilities; and ensure the right to freely chosen employment; (c) Ensure that persons with disabilities are paid no less than the minimum wage and do not lose the benefit of disability allowances when they start work; (d) Expressly recognize the denial of reasonable accommodation as discrimination and prohibit multiple and intersectional discrimination, and harassment; (e) Ensure proper transition into and out of employment for persons with disabilities in a non-discriminatory manner. States parties are obliged to ensure equal and effective access to benefits and entitlements, such as retirement or unemployment benefits. Such entitlements must not be infringed upon by exclusion from employment, thereby further exacerbating the situation of exclusion; (f) Promote work in inclusive and accessible, safe and healthy working environments in the public and private sectors; (g) Ensure that persons with disabilities enjoy equal opportunities regarding career advancement opportunities through regular assessment meetings with their managers and by defining the objectives to be achieved, as a part of a comprehensive strategy; (h) Ensure access to training, retraining and education, including vocational training and capacity-building for employees with disabilities, and provide training on the employment of persons with disabilities and reasonable accommodation for employers, representative organizations of employees and employers, unions and competent authorities; (i) Work towards universally applicable occupational health and safety measures for persons with disabilities, including occupational safety and health regulations that are non-discriminatory and inclusive of persons with disabilities; (j) Recognize the right of persons with disabilities to have access to trade and labor unions.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":17,"text":"See the International Labour Organization Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)."}],"section":["I. Article 19 on living independently and being included in the community","M. Article 27 on work and employment"],"citedArticles":[{"treaty":"CRPD","article":"5","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-6-0068","docId":"crpd-c-gc-6","idx":68,"n":68,"text":"68. As stated in paragraph 59 of the Committee’s general comment No. 3, poverty is both a compounding factor and the result of multiple discrimination. Failure to implement the right of persons with disabilities to an adequate standard of living for themselves and their families is contrary to the objectives of the Convention. This failure is particularly worrying with regard to persons with disabilities living in extreme poverty or destitution. To reach an adequate standard of living comparable to others, persons with disabilities typically have additional expenses. This represents a particular disadvantage for children or older women with disabilities who live in extreme poverty and destitution. States parties should take effective measures to enable persons with disabilities to cover the additional expenses linked to disability. States parties are required to take immediate steps to provide persons with disabilities living in extreme poverty and destitution with a core minimum in terms of adequate food, clothing and housing.[[fn:18]]","labels":["Women/girls","Children","Persons with disabilities","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":18,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 3 (1990) on the nature of States parties’ obligations, para. 10."}],"section":["I. Article 19 on living independently and being included in the community","N. Article 28 on adequate standard of living and social protection"]},{"id":"crpd-c-gc-6-0069","docId":"crpd-c-gc-6","idx":69,"n":69,"text":"69. With regard to social protection, States parties are further required to implement a basic protection floor.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","N. Article 28 on adequate standard of living and social protection"]},{"id":"crpd-c-gc-6-0070","docId":"crpd-c-gc-6","idx":70,"n":70,"text":"Exclusion from electoral processes and other forms of participation in political life are frequent examples of disability-based discrimination. They are often closely linked to denial or restriction of legal capacity. States parties should aim to: (a) Reform laws, policies and regulations that systematically exclude persons with disabilities from voting and/or standing as candidates in elections; (b) Ensure that the electoral process is accessible to all persons with disabilities, including before, during and after elections; (c) Provide reasonable accommodation to individual persons with disabilities and support measures based on the individual requirements of persons with disabilities to participate in political and public life; (d) Support and engage with representative organizations of persons with disabilities in political participation process at the national, regional and international levels, including by consulting with such organizations in matters that concern persons with disabilities directly; (e) Create information systems and legislation that allow for the continuous political participation of persons with disabilities, including between elections.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","O. Article 29 on participation in political and public life"]},{"id":"crpd-c-gc-6-0071","docId":"crpd-c-gc-6","idx":71,"n":71,"text":"71. Data collection and analysis are essential measures to monitor anti-discrimination policies and laws. States parties should collect and analyse data, which must be disaggregated on the basis of disability and of intersectional categories. Data collected should provide information on all forms of discrimination. The data collected should be broad and cover statistics, narratives and other forms of data, such as indicators to assess the implementation and monitor the progress and effectiveness of new or ongoing initiatives and policies. Disability-inclusive indicators must be developed and used in a manner consistent with the 2030 Agenda for Sustainable Development. The design, collection and analysis of data should be participatory, i.e., undertaken in close and meaningful consultation with representative organizations of persons with disabilities, including children. People living in closed places, such as institutions or psychiatric hospitals, are often overlooked by research and studies collecting data, and should be systematically included in such studies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","P. Article 31 on statistics and data collection"]},{"id":"crpd-c-gc-6-0072","docId":"crpd-c-gc-6","idx":72,"n":72,"text":"72. All international cooperation efforts, including the 2030 Sustainable Development Agenda, must be inclusive of and accessible to persons with disabilities and be guided by the Convention. States parties must develop monitoring frameworks with human rights indicators, and specific benchmarks and targets for each indicator, consistent with Goal 10 of the Sustainable Development Goals. All international cooperation must aim to advance non-discrimination legislation and policies that seek full inclusion in line with the Convention and the 2030 Sustainable Development Agenda and other related international human rights frameworks.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Article 19 on living independently and being included in the community","Q. Article 32 on international cooperation"]},{"id":"crpd-c-gc-6-0073","docId":"crpd-c-gc-6","idx":73,"n":73,"text":"In the light of the normative content and obligations outlined above, States parties should take the following steps to ensure the full implementation of article 5 of the Convention: (a) Carry out studies on harmonizing national legislation and practices with the Convention, repeal discriminatory laws and regulations that are inconsistent with the Convention and change or abolish customs and practices that are discriminatory against persons with disabilities; (b) Develop anti-discrimination laws where they do not exist and enact disability-inclusive anti-discrimination laws that have a broad personal and material scope and provide effective legal remedies. Such laws can only be effective if they are based on a definition of disability that includes those who have long-term physical, including psychosocial, intellectual or sensory impairments, and should include past, present, future and presumed disabilities, as well as persons associated with persons with disabilities. Persons victimized by disability-based discrimination seeking legal redress should not be burdened by proving that they are “disabled enough” in order to benefit from the protection of the law. Anti-discrimination law that is disability-inclusive seeks to outlaw and prevent a discriminatory act rather than target a defined protected group. In that regard, a broad impairment-related definition of disability is in line with the Convention; (c) Ensure that non-discrimination legislation extends to the private and public spheres, covers areas including education, employment, goods and services, and tackles disability-specific discrimination, such as segregated education, institutionalization, denial or restriction of legal capacity, forced mental health treatment, denial of the provision of sign language instructions and professional sign language interpretation, and denial of Braille or other alternative and augmentative modes, means and formats of communication; (d) Promote the full inclusion of mainstream employment and vocational training services, including those that promote entrepreneurship and support the establishment of cooperatives and other forms of social economy; (e) Ensure that the protection from discrimination for persons with disabilities has the same standard as for other social groups; (f) Develop and carry out knowledge and capacity-building programmes, including training within public authorities and the informal economy, to ensure compliance with the Convention. Awareness and capacity-building should be developed and implemented with the meaningful participation of persons with disabilities and organizations representing the diverse range of persons with disabilities, and are crucial components for establishing a culture of tolerance and diversity, which is the bedrock for anti-discrimination law and policy; (g) Monitor the number of discrimination claims on the basis of disability as a proportion of the total number of claims of discrimination, disaggregated by sex, age, barriers identified and the sector in which the alleged discrimination occurred, and provide information about cases that are settled out of court, in court and adjudicated, and the number of judgments that lead to compensation or sanctions; (h) Establish accessible and effective redress mechanisms and ensure access to justice, on an equal basis with others, for victims of discrimination based on disability. This encompasses access by all persons with disabilities to effective judicial and/or administrative procedures, including effective and accessible complaint mechanisms, and to appropriate and — where applicable and subject to statutory test of means and merits — affordable quality legal aid. States parties should intervene in an effective and timely manner in the event of actions or omissions of public and private actors that violate the right to equality and non-discrimination of individual persons with disabilities and groups of persons with disabilities, both in relation to civil and political rights as well as economic, social and cultural rights. The recognition of judicial remedies of a collective nature or class actions can significantly contribute to effectively guaranteeing access to justice in situations that affect groups of persons with disabilities; (i) Include in national anti-discrimination law the protection of individuals from adverse treatment or adverse consequences as a reaction to complaints or to proceedings aimed at enforcing compliance with equality provisions. Anti-discrimination legislation should also ensure that victims of discrimination are not unduly inhibited in obtaining redress or re-victimized. In particular, procedural rules should shift the burden of proof in civil procedures from the claimant to the respondent in cases where there are facts from which it may be presumed that there has been discrimination; (j) Develop in close consultation with organizations of persons with disabilities, national human rights institutions and other relevant stakeholders, such as equality bodies, an equality policy and strategy that is inclusive and accessible to all persons with disabilities; (k) Increase knowledge in all parts of society, including among State officials of all branches of government and within the private sector, about the scope, content and practical consequences of the rights to non-discrimination and equality of all persons with disabilities; (l) Adopt appropriate measures to monitor inclusive equality regularly and comprehensively. This includes collecting and analysing disaggregated data on the situation of persons with disabilities; (m) Ensure that national monitoring mechanisms under article 33 of the Convention are independent, involve representative organizations of persons with disabilities effectively and are adequately resourced to address discrimination against persons with disabilities; (n) Provide specific protections against and exercise due diligence to prevent and redress incidents of violence, exploitation and abuse and violations of bodily integrity experienced uniquely or disproportionately by persons with disabilities; (o) Adopt specific measures with a view to achieving inclusive equality, in particular for persons with disabilities who experience intersectional discrimination, such as women, girls, children, older persons, and indigenous persons with disabilities; (p) States parties that receive a high number of asylum seekers, refugees or migrants should put in place formal, legally defined procedures to ensure accessibility for persons with disabilities, including women and children with disabilities and persons with psychosocial and intellectual disabilities, in reception facilities and other settings. States parties must ensure that psychosocial and legal counselling, support and rehabilitation is provided for persons with disabilities and that protection services are disability-, age- and gender-sensitive and culturally appropriate.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["VIII. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"33","source":"regex"}]},{"id":"crpd-c-gc-7-0001","docId":"crpd-c-gc-7","idx":1,"n":1,"text":"Persons with disabilities were fully involved and played a decisive role in the negotiation, development and drafting of the Convention on the Rights of Persons with Disabilities. The close consultation and active involvement of persons with disabilities, through organizations of persons with disabilities and their partners, had a positive impact on the quality of the Convention and its relevance for such persons. It also showed the force, influence and potential of persons with disabilities, which resulted in a groundbreaking human rights treaty and established the human rights model of disability. The effective and meaningful participation of persons with disabilities, through their representative organizations, is thus at the heart of the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0002","docId":"crpd-c-gc-7","idx":2,"n":2,"text":"The active and informed participation of everyone in decisions that affect their lives and rights is consistent with the human rights-based approach in public decision-making processes,[[fn:1]] and ensures good governance and social accountability.[[fn:2]]","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":1,"text":"Office of the United Nations High Commissioner for Human Rights, Principles and Guidelines for a Human Rights Approach to Poverty Reduction Strategies, para. 64."},{"n":2,"text":"A/HRC/31/62, para. 13."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0003","docId":"crpd-c-gc-7","idx":3,"n":3,"text":"The principle of participation in public life is well established in article 21 of the Universal Declaration of Human Rights and reaffirmed in article 25 of the International Covenant on Civil and Political Rights. Participation, as a principle and a human right, is also recognized in other human rights instruments, such as under article 5 (c) of the International Convention on the Elimination of All Forms of Racial Discrimination, article 7 of the Convention on the Elimination of All Forms of Discrimination against Women, and articles 12 and 23 (1) of the Convention on the Rights of the Child. The Convention on the Rights of Persons with Disabilities recognizes participation as both a general obligation and a cross-cutting issue. In fact, it enshrines the obligation of States parties to closely consult and actively involve persons with disabilities (art. 4 (3)) and the participation of persons with disabilities in the monitoring process (art. 33 (3)) as part of a wider concept of participation in public life.[[fn:3]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":3,"text":"Ibid., para. 14."}],"section":["I. Introduction"],"citedArticles":[{"article":"21","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 21 to the Universal Declaration of Human Rights, a non-binding instrument."},{"article":"25","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 25 of the International Covenant on Civil and Political Rights'."},{"article":"5","paragraph":"c","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5 (c) of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"7","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 7 of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"12","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'articles 12 and 23 (1) of the Convention on the Rights of the Child'."},{"article":"23","paragraph":"1","treaty":"CRC","confidence":"high","source":"opus","rationale":"Same enumeration: 'articles 12 and 23 (1) of the Convention on the Rights of the Child'."},{"article":"4","paragraph":"3","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly cites 'art. 4 (3)' of CRPD on consulting persons with disabilities, in a CRPD GC."},{"article":"33","paragraph":"3","treaty":"CRPD","confidence":"high","source":"opus","rationale":"Text expressly cites 'art. 33 (3)' of CRPD on participation of persons with disabilities in monitoring."}]},{"id":"crpd-c-gc-7-0004","docId":"crpd-c-gc-7","idx":4,"n":4,"text":"Often, persons with disabilities are not consulted in the decision-making about matters relating to or affecting their lives, with decisions continuing to be made on their behalf. Consultation with persons with disabilities has been acknowledged as important in the last few decades, thanks to the emergence of movements of persons with disabilities demanding recognition of their human rights and their role in determining those rights. The motto “nothing about us without us” resonates with the philosophy and history of the disability rights movement, which relies on the principle of meaningful participation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0005","docId":"crpd-c-gc-7","idx":5,"n":5,"text":"5. Persons with disabilities still face significant attitudinal, physical, legal, economic, social and communication barriers to participate in public life. Before the entry into force of the Convention, the views of persons with disabilities were dismissed in favour of those of third-party representatives, such as organizations “for” persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0006","docId":"crpd-c-gc-7","idx":6,"n":6,"text":"6. The participatory processes and the involvement of persons with disabilities, through their representative organizations, in the negotiation and drafting of the Convention proved to be an excellent example of the principle of full and effective participation, individual autonomy and the freedom to make one’s own decisions. As a result, international human rights law now recognizes unequivocally persons with disabilities as “subjects” of all human rights and fundamental freedoms.[[fn:4]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":4,"text":"Ibid., paras. 16–17."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0007","docId":"crpd-c-gc-7","idx":7,"n":7,"text":"7. Based on its jurisprudence, the Committee aims to clarify States parties’ obligations under articles 4 (3) and 33 (3) and their implementation in this general comment. The Committee notes the progress made by States parties to implement the provisions under articles 4 (3) and 33 (3) over the past decade, such as granting financial or other assistance to organizations of persons with disabilities, including persons with disabilities in independent monitoring frameworks established pursuant to article 33 (2) of the Convention, and in monitoring processes. Moreover, some States parties have consulted with organizations of persons with disabilities in the preparation of their initial and periodic reports to the Committee in accordance with articles 4 (3) and 35 (4).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"35","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-7-0008","docId":"crpd-c-gc-7","idx":8,"n":8,"text":"8. The Committee, however, continues to observe an important gap between the goals and the spirit of articles 4 (3) and 33 (3) and the degree to which they have been implemented. This is due, among other things, to the absence of meaningful consultation with and involvement of persons with disabilities, through their representative organizations, in the development and implementation of policies and programmes.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0009","docId":"crpd-c-gc-7","idx":9,"n":9,"text":"9. States parties should acknowledge the positive impact on decision-making processes and the necessity of involving and ensuring the participation of persons with disabilities, through their representative organizations, in such processes, notably because of their lived experiences and knowledge of the rights to be implemented. States parties should also consider the general principles of the Convention in all measures taken for its implementation and monitoring, and in advancing the 2030 Agenda for Sustainable Development and its goals.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["I. Introduction"]},{"id":"crpd-c-gc-7-0010","docId":"crpd-c-gc-7","idx":10,"n":10,"text":"10. The involvement and participation of persons with disabilities through “representative organizations”, or organizations of persons with disabilities, is inherent in both articles 4 (3) and 33 (3). For proper implementation, it is important for States parties and the relevant stakeholders to define the scope of organizations of persons with disabilities and recognize the different types that often exist.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","A. Definition of “representative organizations”"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0011","docId":"crpd-c-gc-7","idx":11,"n":11,"text":"The Committee considers that organizations of persons with disabilities should be rooted, committed to and fully respect the principles and rights recognized in the Convention. They can only be those that are led, directed and governed by persons with disabilities. A clear majority of their membership should be recruited among persons with disabilities themselves.[[fn:5]] Organizations of women with disabilities, children with disabilities and persons living with HIV/AIDS are organizations of persons with disabilities under the Convention. Organizations of persons with disabilities have certain characteristic aspects, including the fact that: (a) They are established predominantly with the aim of collectively acting, expressing, promoting, pursuing and/or defending the rights of persons with disabilities and should be generally recognized as such; (b) They employ, are represented by, entrust or specifically nominate/appoint persons with disabilities themselves; (c) They are not affiliated, in the majority of cases, to any political party and are independent from public authorities and any other non-governmental organizations of which they might be part/members of; (d) They may represent one or more constituencies based on actual or perceived impairment or can be open to membership of all persons with disabilities; (e) They represent groups of persons with disabilities reflecting the diversity of their backgrounds (in terms of, for example, sex, gender, race, age, or migrant or refugee status). They can include constituencies based on transversal identities (for example, children, women or indigenous people with disabilities) and comprise members with various impairments; (f) They can be local, national, regional or international in scope; (g) They can operate as individual organizations, coalitions or cross-disability or umbrella organizations of persons with disabilities, seeking to provide a collaborative and coordinated voice for persons with disabilities in their interactions with, among others, public authorities, international organizations and private entities.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":5,"text":"CRPD/C/11/2, annex II, para. 3."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","A. Definition of “representative organizations”"]},{"id":"crpd-c-gc-7-0012","docId":"crpd-c-gc-7","idx":12,"n":12,"text":"Among the different types of organizations of persons with disabilities that the Committee has identified are: (a) Umbrella organizations of persons with disabilities, which are coalitions of representative organizations of persons with disabilities. Ideally, there should be only one or two umbrella organizations at each level of decision-making. To be open, democratic and represent the full and wide diversity of persons with disabilities, they should accept all organizations of persons with disabilities as members. They should be organized, led and controlled by persons with disabilities. They only speak on behalf of their member organizations and solely on matters that are of mutual interest and collectively decided upon. However, they cannot represent individual persons with disabilities because they often lack detailed knowledge of personal backgrounds. Individual organizations of persons with disabilities representing specific communities are in a better position to play such a role. However, persons with disabilities should be able to decide for themselves which organizations they want to represent them. The existence of umbrella organizations within States parties should not, under any circumstances, hinder individuals or organizations of persons with disabilities from participating in consultations or other forms of promoting the interests of persons with disabilities; (b) Cross-disability organizations, which are composed of persons representing all or some of the wide diversity of impairments. They most frequently organize at the local and/or national levels, but can also exist at the regional and international levels; (c) Self-advocacy organizations representing persons with disabilities in different, often loosely and/or locally formed, networks and platforms. They advocate for the rights of persons with disabilities, especially persons with intellectual disabilities. Their establishment, with appropriate, sometimes extensive, support to enable their members to express their opinions, is of fundamental importance to political participation and participation in decision-making, monitoring and implementation processes. This is particularly relevant for persons who are prevented from exercising their legal capacity, institutionalized and/or denied the right to vote. In many countries, self-advocacy organizations are discriminated against through the refusal of a legal status because of laws and regulations that deny the legal capacity of their members; (d) Organizations including family members and/or relatives of persons with disabilities, which are pivotal in facilitating, promoting and securing the interests and supporting the autonomy and active participation of their relatives with intellectual disabilities, dementia and/or children with disabilities, when these groups of persons with disabilities want to be supported by their families as united networks or organizations. In such cases, these organizations should be included in consultation, decision-making and monitoring processes. The role of parents, relatives and caregivers in such organizations should be to assist and empower persons with disabilities to have a voice and take full control of their own lives. Such organizations should actively work to promote and use supported decision-making processes to ensure and respect the right of persons with disabilities to be consulted and to express their own views; (e) Organizations of women and girls with disabilities, which represent women and girls with disabilities as a heterogeneous group. The diversity of women and girls with disabilities should include all types of impairments.[[fn:6]] Ensuring the participation of women and girls with disabilities is indispensable in consultations addressing specific issues that exclusively or disproportionately affect women and girls with disabilities, and issues related to women and girls in general, such as gender equality policies; (f) Organizations and initiatives of children and young persons with disabilities, which are fundamental for the participation of children in public and community life and for their right to be heard and their freedom of expression and association. Adults have a key and supportive role to play in promoting an environment that enables children and young persons with disabilities to establish and act, formally or informally, within their own organizations and initiatives, including through cooperation with adults and other children and young persons.","labels":["Women/girls","Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":6,"text":"General comment No. 3 (2016) on women and girls with disabilities, para. 5."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","A. Definition of “representative organizations”"]},{"id":"crpd-c-gc-7-0013","docId":"crpd-c-gc-7","idx":13,"n":13,"text":"13. Organizations of persons with disabilities should be distinguished from organizations “for” persons with disabilities, which provide services and/or advocate on behalf of persons with disabilities, which, in practice, may result in a conflict of interests in which such organizations prioritize their purpose as private entities over the rights of persons with disabilities. States parties should give particular importance to the views of persons with disabilities, through their representative organizations, support the capacity and empowerment of such organizations and ensure that priority is given to ascertaining their views in decision-making processes.[[fn:7]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":7,"text":"A/HRC/31/62, para. 38; and A/71/314, para. 64."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","B. Distinction between organizations of persons with disabilities and other civil society organizations"]},{"id":"crpd-c-gc-7-0014","docId":"crpd-c-gc-7","idx":14,"n":14,"text":"14. A distinction should also be made between organizations of persons with disabilities and civil society organizations. The term “civil society organization” comprises different kinds of organizations, including research organizations/institutes, organizations of service providers and other private stakeholders. Organizations of persons with disabilities are a specific type of civil society organization. They may be part of a mainstream umbrella civil society organization and/or coalitions that do not necessarily advocate specifically for the rights of persons with disabilities, but can support in mainstreaming their rights in the human rights agenda. In accordance with article 33 (3), all civil society organizations, including organizations of persons with disabilities, have a role to play in monitoring the Convention. States parties should give priority to the views of organizations of persons with disabilities when addressing issues related to persons with disabilities, and develop frameworks to request civil society organizations and other stakeholders to consult and involve organizations of persons with disabilities in their work related to the rights enshrined in the Convention and other topics, such as non-discrimination, peace and environmental rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","B. Distinction between organizations of persons with disabilities and other civil society organizations"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0015","docId":"crpd-c-gc-7","idx":15,"n":15,"text":"15. To implement their obligations under article 4 (3), States parties should include the obligation to closely consult and actively involve persons with disabilities, through their own organizations, in legal and regulatory frameworks and procedures across all levels and branches of Government. States parties should also consider consultations with and the involvement of persons with disabilities as a mandatory step prior to the approval of laws, regulations and policies, whether mainstream or disability specific. Therefore, consultations should begin in the early stages and provide an input to the final product in all decision-making processes. Consultations should include organizations representing the wide diversity of persons with disabilities, at the local, national, regional and international levels.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0016","docId":"crpd-c-gc-7","idx":16,"n":16,"text":"16. All persons with disabilities, without any form of exclusion based on the type of impairment, such as persons with psychosocial or intellectual disabilities, can effectively and fully participate without discrimination on an equal basis with others.[[fn:8]] The right to participate in consultations, through their representative organizations, should be recognized on an equal basis for all persons with disabilities, irrespective of, for example, their sexual orientation and gender identity. States parties should adopt a comprehensive anti-discrimination framework to ensure the rights and fundamental freedoms of all persons with disabilities, and withdraw legislation criminalizing individuals or organizations of persons with disabilities on grounds of sex, gender or the social status of its members and denying them their rights to participate in public and political life.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":8,"text":"A/HRC/19/36, paras. 15–17."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)"]},{"id":"crpd-c-gc-7-0017","docId":"crpd-c-gc-7","idx":17,"n":17,"text":"17. The legal obligation of States parties to ensure consultations with organizations of persons with disabilities encompasses access to public decision-making spaces and also other areas of research, universal design, partnerships, delegated power and citizen control.[[fn:9]] Furthermore, it is an obligation that includes global and/or regional organizations of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":9,"text":"A/HRC/31/62, para. 63; and A/HRC/34/58, para. 63."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)"]},{"id":"crpd-c-gc-7-0018","docId":"crpd-c-gc-7","idx":18,"n":18,"text":"18. The phrase “concerning issues relating to persons with disabilities”, as referred to in article 4 (3), covers the full range of legislative, administrative and other measures that may directly or indirectly impact the rights of persons with disabilities. The broad interpretation of issues relating to persons with disabilities allows States parties to mainstream disability through inclusive policies, ensuring that persons with disabilities are considered on an equal basis with others. It also ensures that the knowledge and life experiences of persons with disabilities are considered when deciding upon new legislative, administrative and other measures. This includes decision-making processes, such as general laws and the public budget or disability-specific laws, which might have an impact on their lives.[[fn:10]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":10,"text":"A/HRC/31/62, para. 64."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","1. Issues relating to persons with disabilities"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0019","docId":"crpd-c-gc-7","idx":19,"n":19,"text":"19. Consultations under article 4 (3) prevent States parties from engaging in any act or practice that may be inconsistent with the Convention and the rights of persons with disabilities. In cases of dispute about the direct or indirect impact of the measures under discussion, it falls to the public authorities of the States parties to prove that the issue under discussion would not have a disproportionate effect on persons with disabilities and, therefore, that no consultation is required.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","1. Issues relating to persons with disabilities"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0020","docId":"crpd-c-gc-7","idx":20,"n":20,"text":"20. Examples of issues directly affecting persons with disabilities are deinstitutionalization, social insurance and disability pensions, personal assistance, accessibility requirements and reasonable accommodation policies. Measures indirectly affecting persons with disabilities might concern constitutional law, electoral rights, access to justice, the appointment of the administrative authorities governing disability-specific policies or public policies in the field of education, health, work and employment.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","1. Issues relating to persons with disabilities"]},{"id":"crpd-c-gc-7-0021","docId":"crpd-c-gc-7","idx":21,"n":21,"text":"21. To “closely consult with and actively involve” persons with disabilities through their representative organizations is an obligation under international human rights law that requires the recognition of every person’s legal capacity to take part in decision-making processes based on their personal autonomy and self-determination. Consultation and involvement in decision-making processes to implement the Convention, and in other decision-making processes, should involve all persons with disabilities and, when necessary, supported decision-making regimes.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","2.“Closely consult with and actively involve”"]},{"id":"crpd-c-gc-7-0022","docId":"crpd-c-gc-7","idx":22,"n":22,"text":"22. States parties should systematically and openly approach, consult and involve, in a meaningful and timely manner, organizations of persons with disabilities. This requires access to all relevant information, including the websites of public bodies, through accessible digital formats and reasonable accommodation when required, such as the provision of sign language interpreters, Easy Read text and plain language, Braille and tactile communication. Open consultations provide persons with disabilities with access to all the spaces of public decision-making, on an equal basis with others, including national funds and all the relevant public decision-making bodies relevant to the implementation and monitoring of the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","2.“Closely consult with and actively involve”"]},{"id":"crpd-c-gc-7-0023","docId":"crpd-c-gc-7","idx":23,"n":23,"text":"23. Public authorities should give due consideration and priority to the opinions and views of organizations of persons with disabilities when addressing issues directly related to persons with disabilities. Public authorities leading decision-making processes have a duty to inform organizations of persons with disabilities of the outcomes of such processes, including an explicit explanation in an understandable format of the findings, considerations and reasoning of decisions on how their views were considered and why.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","2.“Closely consult with and actively involve”"]},{"id":"crpd-c-gc-7-0024","docId":"crpd-c-gc-7","idx":24,"n":24,"text":"24. Article 4 (3) also acknowledges the importance of systematically “including children with disabilities” in the development and implementation of legislation and policies to give effect to the Convention, and in other decision-making processes, through organizations of children with disabilities or supporting children with disabilities. These organizations are key in facilitating, promoting and securing the individual autonomy and active participation of children with disabilities. States parties should create an enabling environment for the establishment and functioning of representative organizations of children with disabilities as part of their obligation to uphold the right to freedom of association, including appropriate resources for support.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","3. Including children with disabilities"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0025","docId":"crpd-c-gc-7","idx":25,"n":25,"text":"25. States parties should adopt legislation, regulations and develop programmes to ensure that everyone understands and respects the will and preferences of children and considers their personal evolving capacities at all times. The recognition and promotion of the right to individual autonomy is of paramount importance for all persons with disabilities, including children, to be respected as rights holders.[[fn:11]] Children with disabilities are themselves best placed to express their own requirements and experiences, which are necessary in developing appropriate legislation and programmes in accordance with the Convention.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":11,"text":"Article 7 (3) of the Convention. See Committee on the Rights of the Child, general comment No. 12 (2009) on the right of the child to be heard, para. 134."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","3. Including children with disabilities"]},{"id":"crpd-c-gc-7-0026","docId":"crpd-c-gc-7","idx":26,"n":26,"text":"26. States parties can organize seminars/meetings in which children with disabilities are invited to express their opinions. They could also make open invitations to children with disabilities to submit essays on specific topics, encouraging them to elaborate on their first-hand experiences or life expectations. The essays could be summarized as inputs from the children themselves and directly included in decision-making processes.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","3. Including children with disabilities"]},{"id":"crpd-c-gc-7-0027","docId":"crpd-c-gc-7","idx":27,"n":27,"text":"27. “Full and effective participation” (art. 3 (c)) in society refers to engaging with all persons, including persons with disabilities, to provide for a sense of belonging to and being part of society. This includes being encouraged and receiving appropriate support, including peer support and support to participate in society, and being free from stigma and feeling safe and respected when expressing oneself in public. Full and effective participation requires that States parties facilitate participation and consult with persons with disabilities representing the wide diversity in impairments.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0028","docId":"crpd-c-gc-7","idx":28,"n":28,"text":"28. The right to participate is a civil and political right and an obligation of immediate application, not subject to any form of budgetary restriction, to be applied to decision-making, implementation and monitoring processes related to the Convention. By guaranteeing the participation of organizations of persons with disabilities at each of these stages, persons with disabilities would be able to better identify and point out measures that could either advance or hinder their rights, which ultimately yields better outcomes for such decision-making processes. Full and effective participation should be understood as a process, not as an individual one-time event.[[fn:12]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":12,"text":"General comment No. 12, para. 133."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"]},{"id":"crpd-c-gc-7-0029","docId":"crpd-c-gc-7","idx":29,"n":29,"text":"29. The participation of persons with disabilities in implementing and monitoring the Convention is possible when such persons can exercise their rights to freedom of expression, peaceful assembly and association as enshrined in articles 19, 21 and 22 of the International Covenant on Civil and Political Rights. Persons with disabilities and their representative organizations engaging in public decision-making processes to implement and monitor the Convention should be recognized in their role as human rights defenders,[[fn:13]] and be protected against intimidation, harassment and reprisals, particularly when expressing dissenting opinions.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":13,"text":"See General Assembly resolution 53/144, annex."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"],"citedArticles":[{"treaty":"ICCPR","article":"19","source":"regex"},{"treaty":"ICCPR","article":"21","source":"regex"},{"treaty":"ICCPR","article":"22","source":"regex"}]},{"id":"crpd-c-gc-7-0030","docId":"crpd-c-gc-7","idx":30,"n":30,"text":"30. The right to participate also encompasses obligations related to the right to due process and the right to be heard. States parties that closely consult with and actively involve organizations of persons with disabilities in public decision-making also give effect to the right of persons with disabilities to full and effective participation in public and political life, including the right to vote and stand for elections (article 29 of the Convention).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-7-0031","docId":"crpd-c-gc-7","idx":31,"n":31,"text":"31. Full and effective participation entails the inclusion of persons with disabilities in different decision-making bodies, both at local, regional, national and international levels, and in national human rights institutions, ad hoc committees, councils and regional or municipality organizations. States parties should recognize in their legislation and practice that all persons with disabilities can be nominated or elected to any representative bodies: for example, ensuring the nomination of persons with disabilities to disability councils at the municipal level, or as specific disability-rights office-holders in the composition of national human rights institutions.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"]},{"id":"crpd-c-gc-7-0032","docId":"crpd-c-gc-7","idx":32,"n":32,"text":"32. States parties should strengthen the participation of organizations of persons with disabilities at the international level, for instance at the high-level political forum on sustainable development, and regional and universal human rights mechanisms. The participation of persons with disabilities, through their representative organizations, will thus result in greater effectiveness and equal use of public resources, leading to improved outcomes for such persons and their communities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"]},{"id":"crpd-c-gc-7-0033","docId":"crpd-c-gc-7","idx":33,"n":33,"text":"33. Full and effective participation can also be a transformative tool for social change, and promote agency and empowerment of individuals. The involvement of organizations of persons with disabilities in all forms of decision-making strengthens the ability of such persons to advocate and negotiate, and empowers them to more solidly express their views, realize their aspirations and reinforce their united and diverse voices. States parties should ensure the full and effective participation of persons with disabilities, through their representative organizations, as a measure to achieve their inclusion in society and combat discrimination against them. States parties that ensure full and effective participation and engage with organizations of persons with disabilities improve transparency and accountability, making them responsive to the requirements of such persons.[[fn:14]]","labels":["Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":14,"text":"A/HRC/31/62, paras. 1–3."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","C. Scope of article 4 (3)","4. Full and effective participation"]},{"id":"crpd-c-gc-7-0034","docId":"crpd-c-gc-7","idx":34,"n":34,"text":"34. Article 33 of the Convention establishes national implementation mechanisms and independent monitoring frameworks and provides for the participation of organizations of persons with disabilities therein. Article 33 should be read and understood as supplementing article 4 (3).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","source":"regex"},{"treaty":"CRPD","article":"33","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0035","docId":"crpd-c-gc-7","idx":35,"n":35,"text":"35. Article 33 (1) requires States parties to establish one or more focal points and/or coordinating mechanisms to secure implementation of the Convention and facilitate related action. The Committee recommends that States parties’ focal points, and/or coordinating mechanisms, include the representatives of organizations of persons with disabilities, and formal procedures of engagement and liaison with such organizations, in consultation processes related to the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-7-0036","docId":"crpd-c-gc-7","idx":36,"n":36,"text":"36. In accordance with article 33 (2), the Committee has recognized the importance of establishing, maintaining and promoting independent monitoring frameworks, including national human rights institutions, at all stages of the monitoring process.[[fn:15]] Such institutions play a key role in the monitoring process of the Convention, in promoting compliance at the national level and in facilitating the coordinated actions of national actors, including State institutions and civil society, to protect and promote human rights.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":15,"text":"CRPD/C/GBR/CO/1, paras. 7 and 37; CRPD/C/BIH/CO/1, para. 58; CRPD/C/ARE/CO/1, para. 61; and CRPD/C/SRB/CO/1, para. 67."}],"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-7-0037","docId":"crpd-c-gc-7","idx":37,"n":37,"text":"37. Article 33 (3) emphasizes the obligation of States parties to ensure that civil society is involved and can participate in the independent monitoring framework established according to the Convention. The involvement of civil society should include persons with disabilities, through their representative organizations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0038","docId":"crpd-c-gc-7","idx":38,"n":38,"text":"38. States parties should ensure that independent monitoring frameworks allow for, facilitate and ensure the active involvement of organizations of persons with disabilities in such frameworks and processes, through formal mechanisms, ensuring that their voices are heard and recognized in its reports and the analysis undertaken. The inclusion of organizations of persons with disabilities in the independent monitoring framework and the work thereof can take several forms, for example, through seats on the board of or advisory bodies to the independent monitoring frameworks.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"]},{"id":"crpd-c-gc-7-0039","docId":"crpd-c-gc-7","idx":39,"n":39,"text":"39. Article 33 (3) implies that States parties should support and fund the strengthening of capacity within civil society, in particular organizations of persons with disabilities, to ensure their effective participation in the processes of the independent monitoring frameworks. Organizations of persons with disabilities should have appropriate resources, including support through independent and self-managed funding, to take part in the independent monitoring frameworks and ensure that reasonable accommodation and accessibility requirements for its membership are met. The support and funding of organizations of persons with disabilities in relation to article 33 (3) complement States parties’ obligations under article 4 (3) of the Convention and do not preclude them.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0040","docId":"crpd-c-gc-7","idx":40,"n":40,"text":"40. Both the Convention and the related strategies for implementation should be translated and made accessible and available to persons representing the wide diversity of impairments. States parties should provide persons with disabilities with access to information that allows them to understand and evaluate the issues in the decision-making process and provide meaningful inputs.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"]},{"id":"crpd-c-gc-7-0041","docId":"crpd-c-gc-7","idx":41,"n":41,"text":"41. To implement article 33 (3), States parties should ensure that organizations of persons with disabilities have easy access to the focal points within Government and/or the coordination mechanism.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["II. Normative content of articles 4 (3) and 33 (3)","D. Article 33: involvement of civil society in national implementation and monitoring"],"citedArticles":[{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0042","docId":"crpd-c-gc-7","idx":42,"n":42,"text":"42. In its concluding observations, the Committee has reminded States parties of their duty to closely and timely consult with, and actively involve, persons with disabilities, through their representative organizations, including those representing women and children with disabilities, in the development and implementation of legislation and policies to implement the Convention and in other decision-making processes.","labels":["Women/girls","Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0043","docId":"crpd-c-gc-7","idx":43,"n":43,"text":"43. States parties have an obligation to ensure the transparency of consultation processes, the provision of appropriate and accessible information and early and continuous involvement. States parties should not withhold information, condition or prevent organizations of persons with disabilities from freely expressing their opinions in consultations and throughout decision-making processes. This includes both registered and unregistered organizations, in accordance with the right to freedom of association, which should be prescribed by law and protect associations that are not registered on an equal basis.[[fn:16]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":16,"text":"A/HRC/31/62, para. 45; and A/HRC/20/27, para. 56."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0044","docId":"crpd-c-gc-7","idx":44,"n":44,"text":"44. States parties should not require an organization of persons with disabilities to be registered as a prerequisite for taking part in broad consultation processes. They should, however, ensure that organizations of persons with disabilities are able to register and exercise their right to participate under articles 4 (3) and 33 (3), providing free and accessible registration systems and facilitating the registration of such organizations.[[fn:17]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":17,"text":"A/HRC/31/62, para. 40."}],"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0045","docId":"crpd-c-gc-7","idx":45,"n":45,"text":"45. States parties should ensure accessibility for persons with disabilities to all facilities and procedures related to public decision-making and consultation. States parties should take appropriate measures to provide persons with disabilities, including persons with autism, with access, on an equal basis with others, to the physical environment, including buildings, transportation, education, information and communications in one’s own language, including new information technologies and systems, and the websites of public bodies, and other facilities and services open or provided to the public, in both urban and rural settings. States parties should also ensure that consultation processes are accessible — for example, by providing sign language interpreters, Braille and Easy Read — and must provide support, funding and reasonable accommodation as appropriate and requested,[[fn:18]] to ensure the participation of representatives of all persons with disabilities in consultation processes, as defined in paras. 11, 12 and 50.","labels":["Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":18,"text":"General comment No. 6 (2018) on equality and non-discrimination, paras. 23 and 40."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0046","docId":"crpd-c-gc-7","idx":46,"n":46,"text":"46. Organizations of persons with sensory and intellectual impairments, including organizations of self-advocates and organizations of persons with psychosocial disabilities should be provided with meeting assistants and support persons, information in accessible formats (such as plain language, Easy Read, alternative and augmentative communication systems and pictograms), sign language interpretation, guide interpreters for deafblind persons and/or captioning during public debates.[[fn:19]] States parties should also allocate financial resources for covering expenditures related to the consultation processes for representatives of organizations of persons with disabilities, including transport and other expenses necessarily incurred to attend meetings and technical briefings.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":19,"text":"A/HRC/31/62, paras. 75–77."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0047","docId":"crpd-c-gc-7","idx":47,"n":47,"text":"47. Consultations with organizations of persons with disabilities should be based on transparency, mutual respect, meaningful dialogue and a sincere aim to reach a collective agreement on procedures that respond to the diversity of persons with disabilities. Such processes should allow for reasonable and realistic timelines taking into account the nature of the organizations of persons with disabilities, which often depend on the work of “volunteers”. States parties should undertake periodic evaluations of the functioning of their participation and consultation mechanisms, with the active involvement of organizations of persons with disabilities.[[fn:20]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":20,"text":"Ibid, paras. 78–80."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0048","docId":"crpd-c-gc-7","idx":48,"n":48,"text":"48. The views of persons with disabilities, through their representative organizations, should be given due weight. States parties should guarantee that they are not only heard as a mere formality or as a tokenistic approach to consultation.[[fn:21]] States parties should take into account the results of such consultations and reflect them in the decisions adopted,[[fn:22]] by duly informing participants of the outcome of the process.[[fn:23]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":21,"text":"Committee on the Rights of the Child, general comment No. 12, para. 132."},{"n":22,"text":"CRPD/C/COL/CO/1, para. 11 (a)."},{"n":23,"text":"Committee on the Rights of the Child, general comment No. 12, para. 45."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0049","docId":"crpd-c-gc-7","idx":49,"n":49,"text":"49. States parties should in close and effective consultation and with the active involvement of organizations of persons with disabilities establish proper and transparent mechanisms and procedures, at the different branches and levels of Government, to explicitly consider the views of such organizations when motivating a public decision.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0050","docId":"crpd-c-gc-7","idx":50,"n":50,"text":"50. States parties should ensure the close consultation and active involvement of organizations of persons with disabilities, which represent all persons with disabilities, including but not limited to women, older persons, children, those requiring high levels of support,[[fn:24]] victims of landmines, migrants, refugees, asylum seekers, internally displaced persons, undocumented and stateless persons, persons with actual or perceived psychosocial impairments, persons with intellectual disabilities, neurodiverse persons, including those with autism or dementia, persons with albinism, permanent physical impairments, chronic pain, leprosy and visual impairments and persons who are deaf, deafblind or otherwise hearing-impaired and/or those living with HIV/AIDS. The obligation of States parties to involve organizations of persons with disabilities also encompasses those persons with disabilities with a specific sexual orientation and/or gender identity, intersex persons with disabilities, and persons with disabilities belonging to indigenous peoples, national, ethnic, religious or linguistic minorities, and those living in rural areas.","labels":["Refugees & asylum-seekers","Indigenous peoples","Women/girls","Persons with disabilities","LGBTI+","Persons living in rural/remote areas","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":24,"text":"CRPD/C/ARM/CO/1, para. 6 (a)."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0051","docId":"crpd-c-gc-7","idx":51,"n":51,"text":"51. States parties should prohibit discriminatory and other practices by third parties, such as service providers, directly or indirectly interfering with the right of persons with disabilities to be closely consulted and actively involved in decision-making processes related to the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0052","docId":"crpd-c-gc-7","idx":52,"n":52,"text":"52. States parties should adopt and implement laws and policies to ensure that persons with disabilities can exercise their right to be consulted and not deterred from involvement by others. These measures include raising awareness among family members, service providers and public employees on the rights of persons with disabilities to participate in public and political life. States parties should put in place mechanisms to denounce the conflicts of interests of representatives of organizations of persons with disabilities or other stakeholders, to prevent their negative impacts on the autonomy, will and preferences of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0053","docId":"crpd-c-gc-7","idx":53,"n":53,"text":"53. To fulfil their obligations under article 4 (3), States parties should adopt legal and regulatory frameworks and procedures to ensure the full and equal involvement of persons with disabilities, through their representative organizations, in decision-making processes and the drafting of legislation and policies concerning issues related to persons with disabilities, including disability-related legislation, policies, strategies and action plans. States parties should adopt provisions granting organizations of persons with disabilities seats on, for example, standing committees and/or temporary task forces by giving them the right to nominate working members to these bodies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0054","docId":"crpd-c-gc-7","idx":54,"n":54,"text":"54. States parties should establish and regulate formal consultation procedures, including the planning of surveys, meetings and other methods, setting up proper time frames, early engagement of organizations of persons with disabilities, and prior, timely and broad dissemination of relevant information for each process. States parties should, in consultation with organizations of persons with disabilities, design accessible online tools for consultations and/or provide alternative methods of consultation in accessible digital formats. To ensure that no one is left behind in relation to consultation processes, States parties should appoint persons with the role of following up on attendance, noticing underrepresented groups, and ensuring that accessibility and reasonable accommodation requirements are met. Similarly, they should ensure that organizations of persons with disabilities representing all such groups are involved and consulted, including by providing information on reasonable accommodation and accessibility requirements.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0055","docId":"crpd-c-gc-7","idx":55,"n":55,"text":"55. States parties should include consultation and engagement with organizations of persons with disabilities when conducting preparatory studies and analysis for formulating policy. Public forums or processes for reviewing policy proposals should be fully accessible for persons with disabilities to participate.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0056","docId":"crpd-c-gc-7","idx":56,"n":56,"text":"56. States parties should ensure that the participation of organizations of persons with disabilities in monitoring processes, through independent monitoring frameworks, is based on clear procedures, proper time frames and previous dissemination of relevant information. Monitoring and evaluation systems should examine the level of engagement of organizations of persons with disabilities in all policies and programmes and ensure that the views of such persons are given priority. To fulfil their primary responsibility for service provision, States parties should explore partnerships with organizations of persons with disabilities to gain inputs from the users of services themselves.[[fn:25]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":25,"text":"A/71/314, paras. 65–66."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0057","docId":"crpd-c-gc-7","idx":57,"n":57,"text":"57. States parties should, preferably, encourage the establishment of a single, united and diverse representative coalition of organizations of persons with disabilities that is inclusive of all the disability constituencies and respectful of their diversity and parity, and ensure its involvement and participation in the monitoring of the Convention at the national level. Civil society organizations in general cannot represent or replicate organizations of persons with disabilities.[[fn:26]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":26,"text":"CRPD/C/ESP/CO/1, para. 6; and CRPD/C/NZL/CO/1, para. 4."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0058","docId":"crpd-c-gc-7","idx":58,"n":58,"text":"58. The promotion of advocacy by and empowerment of persons with disabilities are key components of their participation in public affairs; they call for the development of technical, administrative and communication skills, and the facilitation of access to information and tools concerning their rights, legislation and policymaking.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0059","docId":"crpd-c-gc-7","idx":59,"n":59,"text":"59. The barriers faced by persons with disabilities in accessing inclusive education compromise their opportunities and undermine their capacities to be involved in public decision-making, which, in turn, have an impact on the institutional capacities of their organizations. The barriers in accessing public transport, the lack of reasonable accommodation, and low or insufficient income and unemployment among persons with disabilities also restrict the capacity of such persons to engage in civil society activities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0060","docId":"crpd-c-gc-7","idx":60,"n":60,"text":"60. States parties should strengthen the capacity of organizations of persons with disabilities to participate in all phases of policymaking, by providing capacity-building and training on the human rights model of disability, including through independent funding. States parties should also support persons with disabilities and their representative organizations in the development of the competencies, knowledge and skills required to independently advocate for their full and effective participation in society, and in developing stronger democratic governance principles, such as respect for human rights, the rule of law, transparency, accountability, pluralism and participation. In addition, States parties should provide guidance on how to access funding and diversify their sources of support.[[fn:27]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":27,"text":"A/HRC/31/62, paras. 47–50."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0061","docId":"crpd-c-gc-7","idx":61,"n":61,"text":"States parties should ensure that organizations of persons with disabilities are able to register easily and freely, and seek and secure funds and resources from national and international donors, including private individuals, private companies, all public and private foundations, civil society organizations, and State, regional and international organizations.[[fn:28]] The Committee recommends that States parties adopt criteria to allocate funds for consultation, including by: (a) Providing funds directly to organizations of persons with disabilities, avoiding third-party intermediation; (b) Prioritizing resources to organizations of persons with disabilities that focus primarily on advocacy for disability rights; (c) Allocating specific funds for organizations of women with disabilities and of children with disabilities to enable their full and effective participation in the process of drafting, developing and implementing laws and policies and in the monitoring framework;[[fn:29]] (d) Distributing funds on an equal basis among different organizations of persons with disabilities, including sustainable core institutional funding, instead of being limited to project-based funding; (e) Ensuring the autonomy of organizations of persons with disabilities in deciding their advocacy agenda, despite the funding received; (f) Distinguishing between funding for the running of organizations of persons with disabilities and the projects carried out by such organizations; (g) Making funding available to all organizations of persons with disabilities, including for self-advocate organizations and/or those that have not gained a legal status due to laws that deny the legal capacity of their members and hinder the registration of their organizations; (h) Adopting and implementing application processes for funding in accessible formats.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":28,"text":"A/HRC/20/27, paras. 67–68."},{"n":29,"text":"CRPD/C/1/Rev.1, annex."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0062","docId":"crpd-c-gc-7","idx":62,"n":62,"text":"62. States parties should ensure that organizations of persons with disabilities have access to national funds to support their activities to avoid situations in which they have to rely only on external sources, which would limit their ability to establish viable organizational structures.[[fn:30]] Organizations of persons with disabilities that have support from public and private financial resources, supplemented by membership fees, are better able to secure the participation of persons with disabilities in all forms of political and administrative decision-making, provide them with support and create and run individual and different group-oriented social activities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":30,"text":"A/71/314, paras. 65–66."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0063","docId":"crpd-c-gc-7","idx":63,"n":63,"text":"63. States parties should guarantee appropriate and sufficient funding for organizations of persons with disabilities, through the establishment of a responsible legally recognized formal mechanism, for example trust funds at the national and international levels.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0064","docId":"crpd-c-gc-7","idx":64,"n":64,"text":"64. States parties should increase public resources for the establishment and strengthening of organizations of persons with disabilities that represent all kinds of impairments. They should also ensure their access to national funding, including through tax exemptions and freedom from inheritance taxes, and the national lottery.[[fn:31]] States parties should promote and facilitate the access of organizations of persons with disabilities to foreign funding as part of international cooperation and development aid, including at the regional level, on the same basis as other human rights non-governmental organizations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":31,"text":"A/59/401, para. 82 (l) and (t); and A/HRC/31/62, paras. 51–54."}],"section":["III. Obligations of States parties"]},{"id":"crpd-c-gc-7-0065","docId":"crpd-c-gc-7","idx":65,"n":65,"text":"65. States parties should develop strong mechanisms and procedures ensuring effective sanctions for non-compliance with the obligations under articles 4 (3) and 33 (3). Compliance should be monitored by independent bodies, for example the office of the ombudsperson or a parliamentary commission, which have the authority to initiate investigations and hold the responsible authorities to account. At the same time, organizations of persons with disabilities should be able to initiate legal actions against entities when they find that the latter have failed to comply with articles 4 (3) and 33 (3).[[fn:32]] Such mechanisms should be part of the legal frameworks governing the consultation and involvement of organizations of persons with disabilities, and national anti-discrimination legislation,[[fn:33]] at all levels of decision-making.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":32,"text":"A/71/314, paras. 68–69."},{"n":33,"text":"General comment No. 6, para. 72."}],"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0066","docId":"crpd-c-gc-7","idx":66,"n":66,"text":"66. States parties should recognize effective remedies, including of a collective nature, or class actions to enforce compliance with the right of persons with disabilities to participate. Public authorities can significantly contribute to effectively guaranteeing persons with disabilities’ access to justice in situations that negatively affect their rights.[[fn:34]] Effective remedies could include: (a) suspending the procedure; (b) returning to an earlier stage of the procedure to ensure the consultation and involvement of organizations of persons with disabilities; (c) delaying implementation of the decision until appropriate consultations take place; or (d) quashing, totally or partially, the decision, based on non-compliance with articles 4 (3) and 33 (3).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":34,"text":"Ibid., para. 73 (h)."}],"section":["III. Obligations of States parties"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0067","docId":"crpd-c-gc-7","idx":67,"n":67,"text":"67. Article 3 identifies a set of overarching principles that guide the interpretation and implementation of the Convention. It includes “full and effective participation and inclusion in society”, which means that the participation of persons with disabilities, through their representative organizations, cuts across the entire text and applies to the whole Convention.[[fn:35]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":35,"text":"Office of the United Nations Commissioner for Human Rights, Monitoring the Convention on the Rights of Persons with Disabilities: Guidance for Human Rights Monitors, Professional Training Series No. 17 (New York and Geneva, 2010)."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0068","docId":"crpd-c-gc-7","idx":68,"n":68,"text":"68. As part of the general obligations of States parties, article 4 (3) applies to the entire Convention and is significant in implementing all of its obligations.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0069","docId":"crpd-c-gc-7","idx":69,"n":69,"text":"69. Paragraphs 1, 2 and 5 of article 4 are of the utmost importance in implementing paragraph 3 of the same article, as they include the primary obligations of States parties, extending to all parts of federal States without any limitations or exceptions, related to establishing the necessary structures and frameworks and taking measures to comply with the Convention.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"4","source":"regex"}]},{"id":"crpd-c-gc-7-0070","docId":"crpd-c-gc-7","idx":70,"n":70,"text":"70. Policies to promote the equality and non-discrimination of persons with disabilities, as stipulated in article 5, should be adopted and monitored in compliance with articles 4 (3) and 33 (3).[[fn:36]] The close consultation and active involvement of organizations of persons with disabilities, which represent the diversity of society, is a key component for success in adopting and monitoring legal frameworks and guidance material to promote de facto and inclusive equality, including affirmative action measures.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":36,"text":"See general comment No. 6."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0071","docId":"crpd-c-gc-7","idx":71,"n":71,"text":"71. Consultation procedures should not exclude persons with disabilities nor discriminate on grounds of impairment. Procedures and related materials should be inclusive of and accessible to persons with disabilities and include time frames and technical assistance for early involvement in consultation processes. Reasonable accommodation should always be provided in all dialogue and consultation processes, and reasonable accommodation legislation and policies must be developed in close consultation with and the active involvement of organizations of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0072","docId":"crpd-c-gc-7","idx":72,"n":72,"text":"72. Article 6 of the Convention requires measures to ensure the full development, advancement and empowerment of women and girls with disabilities. States parties should encourage and facilitate the establishment of organizations of women and girls with disabilities, as a mechanism for enabling their participation in public life, on an equal basis with men with disabilities, through their own organizations. States parties should recognize the right of women with disabilities to represent and organize themselves and facilitate their effective involvement in close consultations under articles 4 (3) and 33 (3). Women and girls with disabilities should also be included on an equal basis in all branches and bodies of the implementation and independent monitoring framework. All consultation bodies, mechanisms and procedures should be disability-specific, inclusive and ensure gender equality.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0073","docId":"crpd-c-gc-7","idx":73,"n":73,"text":"73. Women with disabilities should be part of the leadership of organizations of persons with disabilities on an equal basis with men with disabilities and be given space and power within umbrella organizations of persons with disabilities through parity representation, women’s committees, empowerment programmes, etc. States parties should ensure the participation of women with disabilities, including women who are under any form of guardianship or institutionalized, as a prerequisite in the design, implementation and monitoring of all measures that have an impact on their lives. Women with disabilities should be able to participate in decision-making processes addressing issues that have an exclusive or disproportionate impact on them, and on women’s rights and gender equality policies in general, for example, policies on sexual and reproductive health and rights, and all forms of gender-based violence against women.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0074","docId":"crpd-c-gc-7","idx":74,"n":74,"text":"74. Articles 4 (3) and 33 (3) are fundamental in the implementation of the rights of children with disabilities as stated in article 7. States parties should take steps to ensure the participation and the active involvement of children with disabilities, through their representative organizations, in all aspects of planning, implementation, monitoring and evaluation of relevant legislation, policies, services and programmes affecting their lives, at school and at the community, local, national and international levels. The goal of participation is empowerment for children with disabilities and recognition by duty bearers that they are rights holders who can play an active role in their communities and society. This takes place at various levels, beginning with the recognition of their right to be heard, moving towards their active engagement in the realization of their own rights.[[fn:37]]","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":37,"text":"United Nations Children’s Fund, “Conceptual framework for monitoring outcomes of adolescent participation” (March 2018). Available at www.unicef.org/adolescence/files/Conceptual_Framework_for_Measuring_Outcomes_of_Adolescent_Participation_March_2018.pdf."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"7","source":"regex"}]},{"id":"crpd-c-gc-7-0075","docId":"crpd-c-gc-7","idx":75,"n":75,"text":"75. States parties should provide children with disabilities with support in their decision-making, by, among other things, equipping them with, and enabling them to use, any mode of communication necessary to facilitate the expression of their views,[[fn:38]] including child-friendly information, and adequate support for self-advocacy, and ensure appropriate training for all professionals working with and for such children.[[fn:39]] States parties should also provide disability and age-appropriate assistance and procedures, and support for children with disabilities. The participation of their organizations should be considered as indispensable in consultations addressing specific issues that concern them, and their views should be given due weight in accordance with their age and maturity.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":38,"text":"Committee on the Rights of the Child, general comment No. 12, para. 21."},{"n":39,"text":"Ibid., para. 34."}],"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0076","docId":"crpd-c-gc-7","idx":76,"n":76,"text":"76. Article 4 (3) is of particular importance in raising awareness (art. 8). The Committee recalls its recommendations to States parties to implement, with the participation of organizations of persons with disabilities, systematic awareness-raising programmes, including media campaigns through public radio stations and television programmes, aimed at portraying persons with disabilities in all their diversity as rights holders.[[fn:40]] Awareness-raising campaigns and training programmes aimed at all public sector officials must be in conformity with the principles of the Convention, and based on the human rights model of disability to overcome entrenched gender and disability stereotypes in society.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":40,"text":"CRPD/C/MDA/CO/1, para. 19; CRPD/C/AZE/CO/1, para. 21; and CRPD/C/TUN/CO/1, para. 21."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"8","source":"regex"}]},{"id":"crpd-c-gc-7-0077","docId":"crpd-c-gc-7","idx":77,"n":77,"text":"77. For organizations of persons with disabilities to be able to properly participate in the consultation and monitoring processes of the Convention, it is essential to have optimal accessibility (art. 9) to the procedures, mechanisms, information and communication, facilities and buildings, including reasonable accommodation. States parties should develop, adopt and implement international accessibility standards and the universal design process, for example in the area of information and communications technology[[fn:41]] to ensure close consultation with and the active involvement of organizations of persons with disabilities.[[fn:42]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":41,"text":"General comment No. 2 (2014) on accessibility, paras. 5–7 and 30."},{"n":42,"text":"Ibid., paras. 16, 25 and 48."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-7-0078","docId":"crpd-c-gc-7","idx":78,"n":78,"text":"78. In situations of risk and humanitarian emergencies (art. 11), it is important for States parties and humanitarian actors to ensure the active participation of and coordination and meaningful consultation with organizations of persons with disabilities, including those at all levels representing women, men and children with disabilities of all ages. This requires the active involvement of organizations of persons with disabilities in the development, implementation and monitoring of emergency-related legislation and policies, and the establishment of priorities for aid distribution, in accordance with article 4 (3). States parties should promote the establishment of organizations of internally displaced persons or refugees with disabilities that are enabled to promote their rights in any situation of risk, including during armed conflicts.","labels":["Refugees & asylum-seekers","Children","Persons with disabilities","Internally displaced persons"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"11","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0079","docId":"crpd-c-gc-7","idx":79,"n":79,"text":"79. Equal recognition before the law (art. 12) ensures that all persons with disabilities have the right to exercise their full legal capacity and have equal rights to choose and control decisions affecting them. Equal recognition before the law is a prerequisite for direct and effective consultations and the involvement of persons with disabilities in the development and implementation of legislation and policies to implement the Convention. The Committee recommends that the lack of compliance with article 12 should, under no circumstances, preclude the inclusive implementation of articles 4 (3) and 33 (3). Laws and policies should be amended to address this barrier to participation based on denial of legal capacity.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"12","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0080","docId":"crpd-c-gc-7","idx":80,"n":80,"text":"80. The Committee recalls its general comment No. 1 (2014) on equal recognition before the law, in which it states that legal capacity is the key to accessing full and effective participation in society and in decision-making processes and should be guaranteed to all persons with disabilities, including persons with intellectual disabilities, persons with autism and persons with actual or perceived psychosocial impairment, and children with disabilities, through their organizations. States parties should ensure the availability of supported decision-making arrangements to enable participation in policymaking and consultations that respect a person’s autonomy, will and preferences.","labels":["Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0081","docId":"crpd-c-gc-7","idx":81,"n":81,"text":"81. The right of persons with disabilities to have access to justice (art. 13) implies that persons with disabilities have the right to participate on an equal basis with others in the justice system as a whole. This participation takes many forms and includes persons with disabilities assuming the roles of, for example, claimants, victims, defendants, judges, jurors and lawyers, as part of the democratic system that contributes to good governance.[[fn:43]] Close consultation with persons with disabilities through their representative organizations is key in all processes to enact and/or amend laws, regulations, policies and programmes addressing the participation of such persons in the justice system.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":43,"text":"Beasley v. Australia (CRPD/C/15/D/11/2013), para. 8.9; and Lockrey v. Australia (CRPD/C/15/D/13/2013), para. 8.9."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"13","source":"regex"}]},{"id":"crpd-c-gc-7-0082","docId":"crpd-c-gc-7","idx":82,"n":82,"text":"82. To prevent all forms of exploitation, violence and abuse (art. 16), States parties should ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities. The Committee has observed that violations of the rights of persons with disabilities continue to occur in facilities that “serve” persons with disabilities, such as psychiatric and/or residential institutions. In accordance with article 33 (3), this means that regardless of whether the independent monitoring authority, which is assigned the task under article 16 (3), coincides with the independent monitoring framework under article 33 (2), civil society, including organizations of persons with disabilities, should be actively involved in monitoring those facilities and services.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"16","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"16","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-7-0083","docId":"crpd-c-gc-7","idx":83,"n":83,"text":"83. Recalling its general comment No. 5 (2017) on living independently and being included in the community, consultations with and the active involvement of persons with disabilities, through their representative organizations, are critical for the adoption of all plans and strategies, and for follow-up and monitoring, when implementing the right to independent living and being included in the community (art. 19). The active involvement and consultation at all levels in the decision-making process should include all persons with disabilities. Persons with disabilities, including those who are currently living in institutional settings, should be involved in the planning, implementing and monitoring of deinstitutionalization strategies, and in the development of support services, with special regard to those people.[[fn:44]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":44,"text":"General comment No. 5 (2017) on living independently and being included in the community, para. 71."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-7-0084","docId":"crpd-c-gc-7","idx":84,"n":84,"text":"84. Access to information (art. 21) is necessary for organizations of persons with disabilities to be involved and to fully participate and freely express their opinions in the monitoring process. Such organizations need to receive the information in accessible formats, including digital formats, and technologies appropriate to all forms of disabilities, in a timely manner and without additional cost. This includes the use of sign languages, Easy Read, plain language and Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of choice by persons with disabilities in official interactions. Sufficiently prior to any consultation, all relevant information, including specific budgetary, statistical and other relevant information necessary for an informed opinion, should be made available.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"21","source":"regex"}]},{"id":"crpd-c-gc-7-0085","docId":"crpd-c-gc-7","idx":85,"n":85,"text":"85. To ensure the right to inclusive education (art. 24), in accordance with the Committee’s general comment No. 4 (2016) on the right to inclusive education, States parties should consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations, in all aspects of planning, implementation, monitoring and evaluation of inclusive education policies and legislation.[[fn:45]] Inclusive education is essential to the participation of persons with disabilities as described within articles 4 (3) and 33 (3). Education enables people to flourish and increases the likelihood of participation within society, which is needed to ensure the implementation and monitoring of the Convention. States parties should ensure that public and private education institutions consult with persons with disabilities and ensure that their opinions are given due consideration within the education system.","labels":["Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"footnotes":[{"n":45,"text":"General comment No. 4, para. 7."}],"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0086","docId":"crpd-c-gc-7","idx":86,"n":86,"text":"86. The adoption of all policies regarding the right of persons with disabilities to work and employment (art. 27) should be taken in consultation with and the involvement of representative organizations of persons with disabilities. Policies should seek to guarantee access to employment; promote work in open, inclusive, non-discriminatory, accessible and competitive employment markets and environments; ensure equal opportunities and gender equality; and provide for reasonable accommodation and support for all persons with disabilities.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-7-0087","docId":"crpd-c-gc-7","idx":87,"n":87,"text":"87. The realization of the right to an adequate standard of living and social protection (art. 28) is directly interrelated with article 4 (3). The participation of organizations of persons with disabilities in public policies is crucial to ensure that specific situations of exclusion, inequality and poverty among persons with disabilities and their families living in poverty are addressed by the authorities of the States parties. States parties should, in particular, seek to engage with organizations of persons with disabilities and persons with disabilities who are unemployed, who do not have a fixed income or who cannot work because of the implied loss of entitlements or allowances, those in rural or remote areas, and indigenous peoples, women and older persons. When taking and reviewing measures, strategies, programmes, policies and legislation in relation to the implementation of article 28, and in the monitoring process thereof, States parties should closely consult and actively involve organizations of persons with disabilities representing all persons with disabilities to ensure the mainstreaming of disability and that their requirements and views are duly taken into consideration.","labels":["Indigenous peoples","Women/girls","Persons with disabilities","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"28","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-7-0088","docId":"crpd-c-gc-7","idx":88,"n":88,"text":"88. The right of persons with disabilities to participate in political and public life (art. 29) is of extreme importance in ensuring the equality of opportunity for persons with disabilities to fully and effectively participate and be included in society. The right to vote and be elected is an essential component of the right to participate, as elected representatives decide on the political agenda and are key in ensuring implementation and monitoring of the Convention, advocating for their rights and interests.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-7-0089","docId":"crpd-c-gc-7","idx":89,"n":89,"text":"89. States parties should pass regulations, in close consultation with organizations of persons with disabilities, to allow persons with disabilities requiring assistance to be able to cast their vote on their own. This may require making aids available for persons with disabilities in voting booths (on election day and at advance voting) at national and local elections and national referendums.","labels":["Persons with disabilities","Persons living with HIV/AIDS"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0090","docId":"crpd-c-gc-7","idx":90,"n":90,"text":"90. Persons representing all or some of the wide diversity of impairments should be consulted and involved, through their organizations of persons with disabilities, in the process and implementation of data and information collection (art. 31).","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"31","source":"regex"}]},{"id":"crpd-c-gc-7-0091","docId":"crpd-c-gc-7","idx":91,"n":91,"text":"91. States parties should establish a unified data-collection system to collect quality, sufficient, timely and reliable data, disaggregated by sex, age, ethnicity, rural/urban population, impairment type and socioeconomic status, regarding all persons with disabilities and their access to the rights under the Convention. They should establish a system to enable the formulation and implementation of policies to give effect to the Convention, through close collaboration with organizations of persons with disabilities and by utilizing the Washington Group on Disability Statistics. Additional data-collection tools should also be pursued to obtain information on perceptions and attitudes and include those constituencies that the Washington Group leaves out.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"]},{"id":"crpd-c-gc-7-0092","docId":"crpd-c-gc-7","idx":92,"n":92,"text":"92. When deciding upon and implementing international cooperation (art. 32), the close partnership, cooperation and involvement of persons with disabilities, through their representative organizations, is crucial in adopting development policies in accordance with the Convention. Organizations of persons with disabilities should be consulted and involved at every level of development, implementation and monitoring of international cooperation plans, programmes and projects, including the 2030 Agenda and the Sendai Framework for Disaster Risk Reduction 2015–2030.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"32","source":"regex"}]},{"id":"crpd-c-gc-7-0093","docId":"crpd-c-gc-7","idx":93,"n":93,"text":"93. Article 34 (3) is important in respecting the relevant criteria for membership of the Committee. It requires States parties to give due consideration to the provision set out in article 4 (3) when nominating candidates. Therefore, States parties should closely consult and actively involve organizations of persons with disabilities prior to nominating candidates for the Committee. National legislative frameworks and procedures should be adopted for transparent and participatory procedures that involve organizations of persons with disabilities and consider the results of consultations, reflecting them in the final nomination.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["IV. Relationship with other provisions of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"34","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-7-0094","docId":"crpd-c-gc-7","idx":94,"n":94,"text":"The Committee acknowledges that States parties face challenges when implementing the right of persons with disabilities to be consulted and involved in the development, implementation and monitoring of legislation and policies to implement the Convention. States parties should, among others, take the following measures to ensure the full implementation of articles 4 (3) and 33 (3): (a) Repeal all laws, including those denying legal capacity, that prevent any person with disabilities, regardless of type of impairment, from being closely consulted with and actively involved, through their organizations of persons with disabilities; (b) Create an enabling environment for the establishment and functioning of organizations of persons with disabilities, by adopting a policy framework favourable to their establishment and sustained operation. This includes guaranteeing their independence and autonomy from the State, the establishment, implementation of and access to adequate funding mechanisms, including public funding and international cooperation, and the provision of support, including technical assistance, for empowerment and capacity-building; (c) Prohibit any practices of intimidation, harassment or reprisals against individuals and organizations promoting their rights under the Convention at the national and international levels. States parties should also adopt mechanisms for protecting persons with disabilities and their representative organizations against intimidation, harassment and reprisals, including when they cooperate with the Committee or other international bodies and human rights mechanisms; (d) Encourage the establishment of umbrella organizations of persons with disabilities, which coordinate and represent the activities of its members, and individual organizations of persons with disabilities with different impairments to ensure their inclusion and full participation, including those who are most underrepresented, in the monitoring process. If a State party faces obstacles in involving every individual organization of persons with disabilities in decision-making processes, they could include representatives of such organizations in permanent or temporary task forces etc., when it cannot be done through an umbrella organization or coalition of organizations of persons with disabilities; (e) Adopt legislation and policies that recognize the right to participation and involvement of organizations of persons with disabilities and regulations that establish clear procedures for consultations at all levels of authority and decision-making. This legislative and policy framework should provide for the mandatory realization of public hearings prior to the adoption of decisions, and include provisions requiring clear time frames, accessibility of consultations and an obligation to provide reasonable accommodation and support. This can be done through clear references in laws and other forms of regulations to the participation and selection of representatives from organizations of persons with disabilities; (f) Establish permanent consultation mechanisms with organizations of persons with disabilities, including round tables, participatory dialogues, public hearings, surveys and online consultations, respecting their diversity and autonomy, as indicated in paragraphs 11, 12 and 50. This can also take the form of a national advisory board, such as a representative national disability council representing organizations of persons with disabilities; (g) Guarantee and support the participation of persons with disabilities through organizations of persons with disabilities, reflecting a wide diversity of backgrounds, including birth and health status, age, race, sex, language, national, ethnic, indigenous or social origin, sexual orientation and gender identity, intersex variation, religious and political affiliation, migrant status, impairment groups or other status; (h) Engage with organizations of persons with disabilities that represent women and girls with disabilities and secure their direct participation in all processes of public decision-making in a safe environment, particularly relating to the development of policies regarding the rights of women and gender equality, and gender-based violence against women, including sexual violence and abuse; (i) Consult with and actively involve persons with disabilities, including children and women with disabilities, through their representative organizations, in the planning, execution, monitoring and measuring of public decision-making processes at all levels, especially in matters affecting them, including in situations of risk and humanitarian emergencies, giving them reasonable and realistic timelines in providing their views and adequate funding and support; (j) Encourage and support the creation, capacity-building, funding and effective participation of organizations of persons with disabilities or groups of persons with disabilities, including parents and families of persons with disabilities in their supportive role, at all levels of decision-making. This includes at the local, national, regional (including within a regional integration organization) or international levels, in the conception, design, reform and implementation of policies and programmes; (k) Ensure monitoring of States parties’ compliance with articles 4 (3) and 33 (3), and facilitate organizations of persons with disabilities’ leadership in such monitoring; (l) Develop and implement, with the involvement of organizations of persons with disabilities, effective enforcement mechanisms, with meaningful sanctions and remedies, for non-compliance with State parties’ obligations under articles 4 (3) and 33 (3); (m) Ensure the provision of reasonable accommodation and the accessibility of all facilities, materials, meetings, calls for submissions, procedures and information and communication related to public decision-making, consultation and monitoring to all persons with disabilities, including persons isolated in institutions or psychiatric hospitals and persons with autism; (n) Provide disability and age-appropriate assistance for the participation of persons with disabilities, through their representative organizations, in public decision-making, consultation and monitoring processes. Develop strategies to ensure the participation of children with disabilities in consultation processes for the implementation of the Convention that are inclusive, child-friendly, transparent and respectful of their rights to freedom of expression and thought; (o) Conduct consultations and procedures in an open and transparent manner and understandable formats, inclusive of all organizations of persons with disabilities; (p) Ensure that organizations of persons with disabilities can receive and/or seek funding and other forms of resources from national and international sources, including private individuals and companies, civil society organizations, States parties and international organizations, including access to tax exemptions, and the national lottery; (q) Make existing consultation procedures in non-disability-specific areas of law accessible and inclusive of persons with disabilities, through their representative organizations; (r) Actively involve and closely consult with persons with disabilities, through their representative organizations, on public budgeting processes, the monitoring of the Sustainable Development Goals at the national level, international decision-making and international cooperation with other States parties, and adopt development policies that mainstream the rights and opinions of persons with disabilities when implementing and monitoring the 2030 Agenda at the national level; (s) Guarantee the participation, representation and easy access of persons with disabilities to focal points at all levels of Government and the coordination mechanisms, and their cooperation and representation within the independent monitoring frameworks; (t) Promote and ensure the participation and involvement of persons with disabilities, through their representative organizations, in international human rights mechanisms at the regional and global levels; (u) Define in close consultation with organizations of persons with disabilities verifiable indicators for good participation, concrete timelines and responsibilities for implementation and monitoring. Such participation can be measured, for example, by explaining the scope of their participation in connection with proposals for amending laws or reporting on the number of representatives from such organizations involved in decision-making processes.","labels":["Indigenous peoples","Migrants","Women/girls","Children","Persons with disabilities","LGBTI+"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2018,"section":["V. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"33","paragraph":"3","source":"regex"}]},{"id":"crpd-c-gc-8-0001","docId":"crpd-c-gc-8","idx":1,"n":1,"text":"1. The aim of the present general comment is to clarify the obligations of States parties regarding the right to work and employment as enshrined in article 27 of the Convention. The Convention sets out the principles and standards of the right of persons with disabilities to work and employment, and provides the basis for States parties to meet their commitments under the Sustainable Development Goals, particularly target 8.5, on achieving, by 2030, full and productive employment and decent work for all women and men, including persons with disabilities, and equal pay for work of equal value.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0002","docId":"crpd-c-gc-8","idx":2,"n":2,"text":"2. The right to work is a fundamental right, essential for realizing other human rights, and forms an inseparable and inherent part of human dignity. The right to work also contributes to the survival of individuals and to that of their family, and, insofar as work is freely chosen or accepted, to their development and recognition within the community.[[fn:1]] The right to work is recognized in several international and regional legal instruments. The International Covenant on Economic, Social and Cultural Rights proclaims the right to work in a general sense in article 6, and explicitly develops the individual dimension of the right to work through the recognition in article 7 of the right of everyone to the enjoyment of just and favourable conditions of work, in particular safe working conditions. The collective dimension of the right to work is addressed in article 8 of the Covenant, which enunciates the right of all persons to form trade unions and to join the trade union of their choice and the right of trade unions to function freely. The Committee has drawn upon its own jurisprudence, and that of the Committee on Economic, Social and Cultural Rights and other human rights treaty bodies, to develop the present general comment.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":1,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), para. 1."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"}]},{"id":"crpd-c-gc-8-0003","docId":"crpd-c-gc-8","idx":3,"n":3,"text":"3. Meaningful work and employment are essential to a person’s economic security, physical and mental health, personal well-being and sense of identity. However, the Committee is aware that a value system known as ableism adversely affects the opportunities for many persons with disabilities to have meaningful work and employment. Ableism and its impact have been described as “a value system that considers certain typical characteristics of body and mind as essential for living a life of value. Based on strict standards of appearance, functioning and behaviour, ableist ways of thinking consider the disability experience as a misfortune that leads to suffering and disadvantage and invariably devalues human life.”[[fn:2]] The foundation of the medical and charity models of disability, ableism leads to social prejudice, inequality and discrimination against persons with disabilities, as it underpins legislation, policies and practices such as segregated employment – for example “sheltered workshops” – and can result in involuntary participation in the informal economy.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":2,"text":"A/HRC/43/41, para. 9."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-8-0004","docId":"crpd-c-gc-8","idx":4,"n":4,"text":"4. Persons with disabilities face barriers to gaining access to and exercising their right to work and employment in the open labour market, on an equal basis with others. Persons with disabilities face high unemployment rates, lower wages, instability, lower standards in hiring conditions, and lack of accessibility of the work environment, and are also less likely than other persons to be appointed to managerial positions when they are formally employed. All such barriers are exacerbated for women with disabilities. Persons with disabilities are more likely to earn lower wages than other persons and are more likely to be in vulnerable employment, including being employed in the informal sector, being self-employed or engaging in part-time employment.[[fn:3]] Data and other evidence indicate that these differences particularly affect persons with disabilities on such grounds as age, gender, sex, ethnicity and place of residence.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":3,"text":"Disability and Development Report: Realizing the Sustainable Development Goals by, for and with Persons with Disabilities – 2018 (United Nations publication, 2019), pp. 155–158."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-8-0005","docId":"crpd-c-gc-8","idx":5,"n":5,"text":"5. Evolving conditions in economies and the labour market create new challenges and opportunities to ensure the right to work. New technologies, including artificial intelligence and the shift to digital work, can create new barriers or forms of discrimination as well as offering new pathways into work and new forms of employment. Economic transformations, such as the transition to a green economy or the response to crises, create opportunities for inclusion as well as the threat of leaving people behind.[[fn:4]]","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":4,"text":"See International Labour Organization (ILO) Global Business and Disability Network and Fundación ONCE, “Making the future of work inclusive of persons with disabilities”, 21 November 2019."}],"section":["I. Introduction"]},{"id":"crpd-c-gc-8-0006","docId":"crpd-c-gc-8","idx":6,"n":6,"text":"6. Article 27 of the Convention incorporates several interdependent and interrelated rights within the right to work, including, in article 27 (1) (b), the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work and to safe working conditions, including protection from harassment, and, in article 27 (1) (c), the collective dimension of the right to work and the exercise by persons with disabilities of their labour and trade union rights on an equal basis with others.[[fn:5]] The aim of the present general comment is to provide a comprehensive overview of the obligations of States parties under article 27, considering the interdependence of the measures on the right to work listed in that article, and the interrelationship of the right to work and employment with the provisions of other articles of the Convention.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":5,"text":"Article 27 (1), chapeau, and (1) (b) and (c) relates directly to three interdependent articles of the International Covenant on Economic, Social and Cultural Rights, namely articles 6, 7 and 8. The Committee on Economic, Social and Cultural Rights has issued general comments on articles 6 and 7 of the Covenant."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"},{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0007","docId":"crpd-c-gc-8","idx":7,"n":7,"text":"7. The Committee has consistently expressed concern that the legislation and policies of States parties still reflect an ableist approach to disability, through charity and/or medical models, despite the incompatibility of those models with the Convention.[[fn:6]] Under those models, persons with disabilities are not acknowledged as subjects of rights and as rights holders, but are instead “reduced” to their impairments.[[fn:7]] Discriminatory or differential treatment and the exclusion of persons with disabilities are seen as the norm, legitimized by a medically-driven, incapacity approach to disability. Such ableist approaches preclude States parties from eliminating persistent barriers, particularly disability stereotypes and stigmas that prevent persons with disabilities from being able to work on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":6,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 2."},{"n":7,"text":"Ibid., para. 8."}],"section":["II. Human rights model of disability"]},{"id":"crpd-c-gc-8-0008","docId":"crpd-c-gc-8","idx":8,"n":8,"text":"8. To realize the rights in the Convention, States parties need to apply the human rights model of disability. In its general comment No. 6 (2018) on equality and non-discrimination, the Committee sets out the human rights model of disability, under which it is recognized that disability is a social construct, that impairments are a valued aspect of human diversity and dignity and that impairments must not be taken as legitimate grounds for the denial or restriction of human rights. Disability is acknowledged as one of many multidimensional layers of identity, meaning that laws and policies must take the diversity of persons with disabilities into account. Human rights are recognized as being interdependent, interrelated and indivisible.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["II. Human rights model of disability"]},{"id":"crpd-c-gc-8-0009","docId":"crpd-c-gc-8","idx":9,"n":9,"text":"9. The right to work is a fundamental human right and an essential component of human dignity. In the Universal Declaration of Human Rights, the right to work is recognized in article 23. Beyond the International Covenant on Economic, Social and Cultural Rights, the right to work is covered in article 8 (1), (2) and (3) (a) of the International Covenant on Civil and Political Rights, article 5 (e) (i) and (ii) of the International Convention on the Elimination of All Forms of Racial Discrimination, article 11 of the Convention on the Elimination of All Forms of Discrimination against Women, article 32 of the Convention on the Rights of the Child and articles 25, 26, 40, 52 and 54 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Similarly, the General Assembly proclaimed the right to work in the Declaration on Social Progress and Development (art. 6), in its resolution 2542 (XXIV) of 11 December 1969.","labels":["Migrants","Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content"],"citedArticles":[{"article":"23","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'In the Universal Declaration of Human Rights, the right to work is recognized in article 23' — UDHR is non-binding."},{"article":"8","paragraph":"1","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 8 (1), (2) and (3) (a) of the International Covenant on Civil and Political Rights'."},{"article":"5","paragraph":"e","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5 (e) (i) and (ii) of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"11","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 11 of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"32","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 32 of the Convention on the Rights of the Child' (economic exploitation)."},{"article":"25","treaty":"CMW","confidence":"high","source":"opus","rationale":"Text expressly cites 'articles 25, 26, 40, 52 and 54 of the International Convention on the Protection of the Rights of All Migrant Workers'."},{"article":"26","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same enumeration of CMW articles."},{"article":"40","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same enumeration of CMW articles."},{"article":"52","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same enumeration of CMW articles."},{"article":"54","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same enumeration of CMW articles."},{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes 'art. 6' to the UN Declaration on Social Progress and Development (resolution 2542 (XXIV)) — a non-binding GA declaration, not CRPD; Sonnet's CRPD assignment misreads the immediate antecedent."}]},{"id":"crpd-c-gc-8-0010","docId":"crpd-c-gc-8","idx":10,"n":10,"text":"10. Several regional instruments provide for the right to work – including the European Social Charter of 1961 (part II, arts. 1–10) and the European Social Charter (Revised) of 1996 (part II, arts. 1–10), the African Charter on Human and Peoples’ Rights (art. 15) and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (arts. 6–8) – and affirm the principle that respect for the right to work imposes on States parties an obligation to take measures aimed at the realization of full employment.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content"],"citedArticles":[{"article":"15","treaty":"?","confidence":"high","source":"opus","rationale":"Cited as 'the African Charter on Human and Peoples' Rights (art. 15)', a regional instrument not in the enumerated treaty list."},{"article":"6","treaty":"?","rationale":"Additional Protocol to the ACHR (San Salvador), arts 6-8 — instrument not in bundle (A-LOW verdict)","source":"opus-audit"},{"article":"8","treaty":"?","rationale":"San Salvador Protocol range endpoint","source":"opus-audit"}]},{"id":"crpd-c-gc-8-0011","docId":"crpd-c-gc-8","idx":11,"n":11,"text":"11. The International Labour Organization (ILO) has identified a set of fundamental conventions related to rights at work.[[fn:8]] The subjects covered are considered to be fundamental principles and rights at work, and include freedom of association and the effective recognition of the right to collective bargaining, the elimination of all forms of forced or compulsory labour, the effective abolition of child labour, and the elimination of discrimination in respect of employment and occupation.","labels":["Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":8,"text":"See https://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-and-recommendations/lang--en/index.htm."}],"section":["III. Normative content"]},{"id":"crpd-c-gc-8-0012","docId":"crpd-c-gc-8","idx":12,"n":12,"text":"12. Under article 27 (1) of the Convention, States parties recognize the right of persons with disabilities to work, on an equal basis with others, including the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. This concept reflects the jurisprudence of the Committee on Economic, Social and Cultural Rights, in which that Committee has made reference to the principle of equality in connection with work and employment by persons with disabilities: it has noted that the right of all persons to the opportunity to gain their living by work that they freely choose or accept is not realized where the only real opportunity open to persons with disabilities is to work in segregated facilities,[[fn:9]] and considers that persons with disabilities should not be segregated in sheltered workshops.[[fn:10]] Article 27 (1), in expressly identifying these rights of persons with disabilities, clearly indicates that segregated employment settings are inconsistent with them.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":9,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994), para. 21."},{"n":10,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 47 (c)."}],"section":["III. Normative content","A. Right to work, on an equal basis with others, including the right to gain a living by work freely chosen or accepted in an open, inclusive and accessible workplace (art. 27 (1), chapeau)"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-8-0013","docId":"crpd-c-gc-8","idx":13,"n":13,"text":"13. Despite some progress, lack of access to the open labour market and segregation continue to be the greatest challenges for persons with disabilities. Discrimination, such as denial of reasonable accommodation, inaccessible workplaces and harassment, poses further obstacles to employment in an open labour market and work environment, leading to a false choice of employment in a closed workplace on the basis of disability. The ILO Employment Policy Convention, 1964 (No. 122), refers to “full, productive and freely chosen employment”, linking States parties’ obligation to create the conditions for full employment with their obligation to ensure the absence of forced labour.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","A. Right to work, on an equal basis with others, including the right to gain a living by work freely chosen or accepted in an open, inclusive and accessible workplace (art. 27 (1), chapeau)"]},{"id":"crpd-c-gc-8-0014","docId":"crpd-c-gc-8","idx":14,"n":14,"text":"The Committee observes that segregated employment, such as sheltered workshops, includes a variety of practices and experiences, characterized by at least some of the following elements: (a) The persons with disabilities are segregated, away from open, inclusive and accessible employment; (b) The employment is organized around certain specific activities that persons with disabilities are deemed to be able to carry out; (c) The medical and rehabilitation approaches to disability are focused on and emphasized; (d) Transition to the open labour market is not effectively promoted; (e) The persons with disabilities do not receive equal remuneration for work of equal value; (f) The persons with disabilities are not remunerated for their work on an equal basis with others; (g) The persons with disabilities do not usually have regular employment contracts and are therefore not covered by social security schemes.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","A. Right to work, on an equal basis with others, including the right to gain a living by work freely chosen or accepted in an open, inclusive and accessible workplace (art. 27 (1), chapeau)"]},{"id":"crpd-c-gc-8-0015","docId":"crpd-c-gc-8","idx":15,"n":15,"text":"15. Segregated employment for persons with disabilities, such as sheltered workshops, is not to be considered as a measure of progressive realization of the right to work, which is evidenced only in employment that is freely chosen or accepted and performed in an open and inclusive labour market. Employment ventures that are managed and led by persons with disabilities, including those that are jointly owned and democratically controlled, may not be considered segregated employment if they provide just and favourable conditions of work on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","A. Right to work, on an equal basis with others, including the right to gain a living by work freely chosen or accepted in an open, inclusive and accessible workplace (art. 27 (1), chapeau)"]},{"id":"crpd-c-gc-8-0016","docId":"crpd-c-gc-8","idx":16,"n":16,"text":"16. Non-discrimination and equality are core obligations of article 27, extend to the actions of third parties, such as the business sector,[[fn:11]] and apply throughout the employment cycle, which includes recruitment, hiring and employment, continuance of employment, training programmes and career advancement, as well as searching and applying for work and exiting work. The Committee has noted in its jurisprudence that to achieve de facto equality in terms of the Convention, States parties must ensure that there is no discrimination on the grounds of disability in connection to work and employment.[[fn:12]] International human rights practice identifies a number of forms of discrimination, which can occur individually or simultaneously: direct discrimination, indirect discrimination, denial of reasonable accommodation, harassment and discrimination by association.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":11,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), para. 7."},{"n":12,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 67."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0017","docId":"crpd-c-gc-8","idx":17,"n":17,"text":"17. Direct discrimination occurs when persons with disabilities are treated unfavourably for any reason related to their impairment. An example is a public sector employer not considering a person with disabilities for a job on the assumption that the person with disabilities will be unable to do the work.[[fn:13]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":13,"text":"Ibid., para. 18 (a)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0018","docId":"crpd-c-gc-8","idx":18,"n":18,"text":"18. Indirect discrimination refers to the application of laws, policies or practices that appear neutral but have a negative impact on persons with disabilities. It occurs when an opportunity excludes persons with disabilities because the framing of the opportunity does not take account of their situation and, as a result, they are unable to benefit from the opportunity itself. For example, if the only way to enter a public building for a job interview is by a set of stairs, candidates who use wheelchairs are put in an unequal position because they are unable to enter the building.[[fn:14]] Implied in the prohibition of indirect discrimination is an ongoing obligation to ensure accessibility through universal design in all situations.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":14,"text":"Ibid., para. 18 (b)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0019","docId":"crpd-c-gc-8","idx":19,"n":19,"text":"19. Denial of reasonable accommodation occurs when necessary and appropriate individualized modifications, adjustments and support (that do not impose a disproportionate or undue burden) are not implemented. Reasonable accommodation means those modifications, adjustments and support that are needed to ensure the equal enjoyment or exercise of a human right or fundamental freedom.[[fn:15]] For example, a public sector employee with a vision impairment who is not provided with the appropriate equipment to perform allocated tasks, such as a computer programme that magnifies text on a computer screen, has been denied reasonable accommodation. Other examples of reasonable accommodation include making information accessible to the individual with disabilities, modifying equipment, enabling work from home, ensuring that an interpreter is provided in meetings, reorganizing activities, rescheduling work or providing support personnel.[[fn:16]] To fall within the concept of reasonable accommodation, the changes need to be negotiated with the individual. The duty to provide reasonable accommodation is applicable from the moment that a request for such accommodation is received or the need becomes apparent.[[fn:17]] The Committee emphasizes that the duty to provide reasonable accommodation is different from the duty to ensure accessibility, which flows from the prohibition of indirect discrimination and is set out in articles 4 and 9 of the Convention. While both duties are aimed at guaranteeing accessibility, the duty to ensure accessibility through universal design or assistive technologies involves building accessibility into systems and processes without regard to the needs of a particular person with disabilities, for example, to have access to a building on an equal basis with others.[[fn:18]] The duty to provide reasonable accommodation, on the other hand, applies from the moment that a person with disabilities seeks to exercise their rights or requires access in non-accessible situations or environments.[[fn:19]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":15,"text":"Ibid., para. 18 (c)."},{"n":16,"text":"Ibid., para. 23."},{"n":17,"text":"Ibid., para. 24 (b)."},{"n":18,"text":"Ibid., para. 24 (a)."},{"n":19,"text":"Ibid., para. 24 (b)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"],"citedArticles":[{"treaty":"CRPD","article":"4","source":"regex"},{"treaty":"CRPD","article":"9","source":"regex"}]},{"id":"crpd-c-gc-8-0020","docId":"crpd-c-gc-8","idx":20,"n":20,"text":"20. Harassment is a form of discrimination when unwanted conduct related to disability or other prohibited grounds takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.[[fn:20]] Under the ILO Violence and Harassment Convention, 2019 (No. 190), the term “violence and harassment” in the world of work refers to a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":20,"text":"Ibid., para. 18 (d)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0021","docId":"crpd-c-gc-8","idx":21,"n":21,"text":"21. Discrimination by association may occur when family members or a person otherwise associated with a person with disabilities is subjected to discrimination at work because of that relationship, which has a direct or indirect impact on the life of the person with disabilities.[[fn:21]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":21,"text":"See, for example, Bellini et al. v. Italy (CRPD/C/27/D/51/2018)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0022","docId":"crpd-c-gc-8","idx":22,"n":22,"text":"22. Persons with disabilities are often disproportionately affected by multiple and intersectional discrimination. The diversity of persons with disabilities means that they face diverse barriers to realizing the right to work and follow different pathways into employment throughout their working lives. Multiple discrimination occurs when a person experiences discrimination on two or more grounds, leading to discrimination that is compounded or aggravated, and intersectional discrimination occurs when several grounds interact with each other at the same time in such a way as to be inseparable.[[fn:22]] The concepts of multiple and intersectional discrimination reflect the fact that individuals do not experience discrimination as members of a homogeneous group but, rather, as individuals with multidimensional layers of identities, statuses and life circumstances. Intersecting layers of identity include age, race, indigenous, national or social origin, refugee, migrant or asylum-seeking status, political or other opinion, religion, sex, sexual orientation and gender identity.","labels":["Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":22,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 4 (c)."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0023","docId":"crpd-c-gc-8","idx":23,"n":23,"text":"23. These concepts reflect the lived realities and experiences of heightened disadvantage of individuals caused by multiple and intersectional forms of discrimination.[[fn:23]] The Committee has addressed different situations of multiple and intersectional discrimination. For example, women and gender-nonconforming persons with disabilities face an intersection of gender- and disability-related barriers in attitudes, circumstances and work itself, including the compounded effects of multiple discrimination that limit opportunities to work, affect their right to equal pay and increase the risk of violence and harassment in the workplace. Similarly, disability- and age-related discrimination interact to mean that youth and older persons with disabilities can face substantially different challenges to realize the right to work.","labels":["Women/girls","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":23,"text":"Ibid., para. 16."}],"section":["III. Normative content","B. Prohibition of discrimination on the basis of disability (art. 27 (1) (a))"]},{"id":"crpd-c-gc-8-0024","docId":"crpd-c-gc-8","idx":24,"n":24,"text":"Article 27 (1) (b) refers to the protection of the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including: (a) Equal opportunities and equal remuneration for work of equal value; (b) Safe and healthy working conditions, including protection from harassment; (c) The redress of grievances.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-8-0025","docId":"crpd-c-gc-8","idx":25,"n":25,"text":"25. The right of persons with disabilities to just and favourable conditions of work is a corollary of the right to the opportunity to gain a living by work that is freely chosen or accepted. It is an important component of other rights enshrined in the Convention, such as trade union rights (art. 27 (1) (c)), and enjoyment of it is a prerequisite for, and the result of, the enjoyment of other Convention rights, such as the right to an adequate standard of living (art. 28) through decent remuneration.[[fn:24]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":24,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 47 (c)."}],"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-8-0026","docId":"crpd-c-gc-8","idx":26,"n":26,"text":"26. The right to just and favourable conditions of work is a right of all workers with disabilities in all settings, regardless of impairment, gender, age, cultural or linguistic background or migrant status, or whether they are employed in the formal or informal sectors, self-employed or employed in the agricultural sector or in rural and remote areas.[[fn:25]] Further, the right to just and favourable conditions of work requires that payment below the minimum wage on the basis of disability not be justified under any circumstances.","labels":["Migrants","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":25,"text":"Ibid., para. 5."}],"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"]},{"id":"crpd-c-gc-8-0027","docId":"crpd-c-gc-8","idx":27,"n":27,"text":"27. Just and favourable conditions of work for persons with disabilities includes the benefits and protections enjoyed by other workers, such as a retirement benefit fund, sick leave, long-service leave, parental leave, promotion, rest, leisure and periodic holidays with pay.[[fn:26]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":26,"text":"For further details, see Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016)."}],"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"]},{"id":"crpd-c-gc-8-0028","docId":"crpd-c-gc-8","idx":28,"n":28,"text":"28. Workers with disabilities have the right to receive equal remuneration as other workers when they perform the same or similar jobs. Further, their remuneration should also be equal even when their work is completely different but nonetheless of equal value. States parties should ensure that workplaces that are in the process of making the transition away from segregated employment are not exempt from paying equal remuneration for work of equal value.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"]},{"id":"crpd-c-gc-8-0029","docId":"crpd-c-gc-8","idx":29,"n":29,"text":"29. The right to a safe and healthy work environment includes the requirement for a coherent national policy on occupational health that is inclusive of workers with disabilities. The aim of such a policy is to prevent accidents and injuries arising from, linked with or occurring during work. The policy should cover the protection of all workers, including those with disabilities, and also including those who hold short- or long-term contracts, work part-time, are apprentices, are self-employed, are migrant workers or are employed in the informal sector. Organizations of persons with disabilities should participate in the formulation, implementation and review of the national policy to ensure that national policies do not enable discrimination.","labels":["Migrants","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"]},{"id":"crpd-c-gc-8-0030","docId":"crpd-c-gc-8","idx":30,"n":30,"text":"30. As the Committee has noted in its jurisprudence, protection from harassment in connection with work and employment extends throughout the employment cycle and requires effective remedies through the enactment and enforcement of specific and comprehensive anti-discrimination legislation.[[fn:27]] The legislation should be accompanied by appropriate and effective legal remedies and sanctions in relation to discrimination in civil, administrative and criminal proceedings. Individual remedies should be accompanied by effective changes in the workplace to prevent future violations.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":27,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 22."}],"section":["III. Normative content","C. Right to just and favourable conditions of work on an equal basis with others (art. 27 (1) (b))"]},{"id":"crpd-c-gc-8-0031","docId":"crpd-c-gc-8","idx":31,"n":31,"text":"31. Trade union rights, freedom of association and the right to strike are crucial means of introducing, maintaining and defending just and favourable conditions of work. Trade unions should admit, accept and enable the full and meaningful participation of persons with disabilities on an equal basis with others. Trade unions should play an important role in defending the right of persons with disabilities to work, including persons with disabilities still working in segregated employment. States parties have an obligation to respect and protect the work of human rights defenders and other members of civil society, in particular trade unions, who assist persons with disabilities and other marginalized groups in the realization of their right to work.[[fn:28]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":28,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), para. 51."}],"section":["III. Normative content","D. Labour and trade union rights (art. 27 (1) (c))"]},{"id":"crpd-c-gc-8-0032","docId":"crpd-c-gc-8","idx":32,"n":32,"text":"32. The promotion of employment for persons with disabilities requires the effective involvement of trade unions and other representative associations that protect and promote the rights of workers with disabilities in the definition of priorities, decision-making, planning, implementation and evaluation of strategies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","D. Labour and trade union rights (art. 27 (1) (c))"]},{"id":"crpd-c-gc-8-0033","docId":"crpd-c-gc-8","idx":33,"n":33,"text":"33. General labour laws and codes should explicitly prohibit discrimination on the basis of disability and should include the responsibility to ensure that trade union workers, employers and labour market institutions are fully aware of issues of equality and non-discrimination in the context of the work and employment of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","D. Labour and trade union rights (art. 27 (1) (c))"]},{"id":"crpd-c-gc-8-0034","docId":"crpd-c-gc-8","idx":34,"n":34,"text":"34. Collective bargaining arrangements should prohibit discrimination on the basis of impairment. Where they specify working conditions, the arrangement must include a mechanism by which employees can seek reasonable accommodation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","D. Labour and trade union rights (art. 27 (1) (c))"]},{"id":"crpd-c-gc-8-0035","docId":"crpd-c-gc-8","idx":35,"n":35,"text":"35. Non-discriminatory access to general technical and vocational guidance, training and placement services, both public and private, on an equal basis with others is required for the realization of the right of persons with disabilities to work and employment.[[fn:29]] The participation of persons with disabilities in mainstream services promotes the non-segregation of services and access by persons with disabilities to open employment and vocational training services.[[fn:30]] Such services may be appropriate for entry into work, during the course of employment or for transitions between roles. States parties should take measures to ensure the certification of capacities and attainments on an equal basis with others, the explicit inclusion of persons with disabilities in legislation dealing with vocational training, explicit references to persons with disabilities in general policies regulating vocational training, the accessibility of premises, information and materials, the provision of vocational training on the rights of persons with disabilities and funding for reasonable accommodation. Vocational and professional preparation, training and other services should be provided in accessible and inclusive ways, including financial support for participation.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":29,"text":"See the International Covenant on Economic, Social and Cultural Rights, art. 6, and the ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)."},{"n":30,"text":"See CRPD/C/2/3, annex."}],"section":["III. Normative content","E. Access to technical and vocational guidance, placement services and training (art. 27 (1) (d))"]},{"id":"crpd-c-gc-8-0036","docId":"crpd-c-gc-8","idx":36,"n":36,"text":"36. States parties should ensure that persons with disabilities have meaningful opportunities to develop their careers, whatever the form of their employment.[[fn:31]] Opportunities for development include reskilling and upskilling, training, lifelong learning and mentorship programmes.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":31,"text":"For an example of where such support was not meaningfully provided, see Gröninger et al. v. Germany (CRPD/C/D/2/2010)."}],"section":["III. Normative content","F. Promotion of employment opportunities and career advancement (art. 27 (1) (e))"]},{"id":"crpd-c-gc-8-0037","docId":"crpd-c-gc-8","idx":37,"n":37,"text":"37. All workers with disabilities have the right, on an equal basis with others, to be considered for promotion through fair, merit-based and transparent processes. States parties should analyse the direct and indirect barriers to career advancement encountered by persons with disabilities, in particular by women with disabilities. Vocational training referred to under article 27 (1) (d) includes training undertaken by workers with disabilities to advance their careers. Courses must be accessible and workers must be able to seek reasonable accommodation.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","F. Promotion of employment opportunities and career advancement (art. 27 (1) (e))"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-8-0038","docId":"crpd-c-gc-8","idx":38,"n":38,"text":"38. Persons with disabilities have the right to freely choose their work, including whether they wish to be self-employed, start their own business or work in a cooperative. States parties should take targeted measures to protect and support persons with disabilities in the informal economy, to promote and accelerate their transition to the formal economy, and to prevent work in the formal economy from becoming informal.[[fn:32]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":32,"text":"See ILO, Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204)."}],"section":["III. Normative content","G. Promotion of opportunities for self-employment, entrepreneurship and cooperatives (art. 27 (1) (f))"]},{"id":"crpd-c-gc-8-0039","docId":"crpd-c-gc-8","idx":39,"n":39,"text":"39. The promotion of opportunities for work that is freely chosen requires accessible information on entrepreneurship, micro, small and medium-sized enterprises, and other forms of business models and economic units, such as cooperatives.[[fn:33]] Non-discriminatory access to business services, markets, infrastructure and technology, occupational health and safety, financial services, mentorship and networking also needs to be considered. States parties should formulate and implement an integrated policy framework that is inclusive of persons with disabilities, ensuring coordination across different levels of government and cooperation between the relevant bodies and authorities, such as tax authorities and social security institutions.[[fn:34]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":33,"text":"Ibid., para. 11 (g)."},{"n":34,"text":"Ibid., para. 12."}],"section":["III. Normative content","G. Promotion of opportunities for self-employment, entrepreneurship and cooperatives (art. 27 (1) (f))"]},{"id":"crpd-c-gc-8-0040","docId":"crpd-c-gc-8","idx":40,"n":40,"text":"40. The provisions of other subparagraphs of article 27 apply equally to the public and private sectors. However, where the State party is the employer, it should take a more rigorous approach to inclusion. States parties should introduce objective standards for hiring and promoting persons with disabilities on merit and be committed to increasing the number of employees with disabilities. If necessary, specific measures should be taken to build awareness within the public sector, attract and recruit persons with disabilities and support public sector employees with disabilities, with the aim of reflecting the diversity of the community and benefiting from the lived experiences of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["III. Normative content","H. Employment in the public sector (art. 27 (1) (g))"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0041","docId":"crpd-c-gc-8","idx":41,"n":41,"text":"41. The Committee has recommended to States parties that, in an effort to increase employment of persons with disabilities in the public sector, they develop and implement affirmative action measures, such as the allocation of targeted funding to promote the employment of persons with disabilities in the public and private sectors, including vocational programmes.[[fn:35]] Further measures include quotas – requirements that at least a specific percentage of an employer’s workforce be made up of employees with disabilities — or targets. All measures should be accompanied by an annual reporting requirement on compliance by public authorities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":35,"text":"For example, CRPD/C/CAN/CO/1, para. 48 (c); CRPD/C/GTM/CO/1, para. 63; CRPD/C/JOR/CO/1, para. 50 (c); and CRPD/C/URY/CO/1, paras. 57–58."}],"section":["III. Normative content","H. Employment in the public sector (art. 27 (1) (g))"]},{"id":"crpd-c-gc-8-0042","docId":"crpd-c-gc-8","idx":42,"n":42,"text":"42. The Committee has recommended strategies to States parties to increase the employment of persons with disabilities in the public sector that are equally applicable to the private sector. Specific affirmative action measures may be required, such as quotas to increase the employment of persons with disabilities in the private sector. At the same time, quotas alone are insufficient to promote the employment of persons with disabilities and may be resisted by persons with disabilities if the system focuses on impairment rather than ability. Quotas also raise issues of confidentiality. Other affirmative action measures include public procurement measures, such as tendering processes, that give preference to enterprises owned by persons with disabilities or that employ persons with disabilities, and the allocation of targeted funding to promote the employment of persons with disabilities, such as modifications of the working environment, apprentice wage support, payroll tax deductions and wage subsidies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))"]},{"id":"crpd-c-gc-8-0043","docId":"crpd-c-gc-8","idx":43,"n":43,"text":"Preferential purchasing policies that promote or support segregated employment are not affirmative action measures that are consistent with the Convention. In order to ensure consistency with the Convention, affirmative action involves, inter alia: (a) Ensuring that employers do not restrict persons with disabilities to certain occupations, reserved jobs or specific employment units; (b) Ensuring that employers do not restrict access for persons with disabilities to opportunities for promotion and career growth; (c) Taking steps to ensure that work promoted under these measures does not constitute “fake” employment, whereby persons with disabilities are engaged by employers but do not perform work or do not have meaningful employment on an equal basis with others; (d) Incorporating a disability, gender and age perspective throughout the workplace.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))"]},{"id":"crpd-c-gc-8-0044","docId":"crpd-c-gc-8","idx":44,"n":44,"text":"44. States parties should consult closely with organizations of persons with disabilities when designing affirmative action measures.[[fn:36]] Such measures in the private sector will be most effective if they form part of a holistic approach by States parties to promote the employment of persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":36,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 29."}],"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))"]},{"id":"crpd-c-gc-8-0045","docId":"crpd-c-gc-8","idx":45,"n":45,"text":"The duty to provide reasonable accommodation is different from the duty to ensure accessibility. Reasonable accommodation involves the provision of individualized modifications, adjustments and support to enable persons with disabilities to perform the inherent requirements of their work on an equal basis with others. States parties should ensure that the provision of reasonable accommodation is facilitated through measures and programmes that provide technical and financial assistance to public and private employers. Nevertheless, as part of their accessibility duty, public and private employers need to ensure they have a clear, accessible and timely process for dealing with the need for reasonable accommodation. Where a barrier to full inclusion of an individual with disabilities is identified by the individual or the employer, the employer must take the following steps, as failure to do so would constitute denial of reasonable accommodation: (a) The employer works with the individual to identify potential solutions to remove or avoid the barrier, including the individual’s preferred solution; (b) The employer implements the individual’s preferred solution, unless it would impose an undue burden, in which case the employer implements another identified solution that does not impose an undue burden, or implements the preferred solution to the extent possible without experiencing the undue burden.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","J. Provision of reasonable accommodation in the workplace (art. 27 (1) (i))"]},{"id":"crpd-c-gc-8-0046","docId":"crpd-c-gc-8","idx":46,"n":46,"text":"46. Work experience in the open labour market may be promoted through internships, workplace learning schemes, scholarships, bursaries and financial incentives for businesses, such as apprenticeships and other workplace-based learning schemes. As well as being essential to developing the skills of persons with disabilities, work experience offers an opportunity to transform employment conditions and build connections and understanding among employers.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","K. Promotion of work experience in the open labour market (art. 27 (1) (j))"]},{"id":"crpd-c-gc-8-0047","docId":"crpd-c-gc-8","idx":47,"n":47,"text":"47. Persons with disabilities are at particular risk of the inappropriate use of unpaid internships, training programmes and volunteering schemes, which negatively affects job security and career prospects. Young persons with disabilities are particularly vulnerable in this regard. States parties should clearly regulate and monitor the situation of persons with disabilities under such programmes.","labels":["Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","K. Promotion of work experience in the open labour market (art. 27 (1) (j))"]},{"id":"crpd-c-gc-8-0048","docId":"crpd-c-gc-8","idx":48,"n":48,"text":"48. All workers may experience the need to retrain, develop new skills or change their occupation. Job retention and return-to-work programmes for persons with disabilities are part of wider efforts to ensure continual workforce development. States parties need to ensure that persons with disabilities are supported to stay in work or transition to new roles after the acquisition of a new impairment or the exacerbation of an existing impairment.[[fn:37]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":37,"text":"See J.M. v. Spain (CRPD/C/23/D/37/2016) and V.F.C. v. Spain (CRPD/C/21/D/34/2015), in which the Committee found that the State party had failed to fulfil its obligations under the Convention by failing to ensure the authors’ continuance of employment through assignment to modified duties."}],"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","L. Promotion of vocational and professional rehabilitation, job retention and return-to-work programmes (art. 27 (1) (k))"]},{"id":"crpd-c-gc-8-0049","docId":"crpd-c-gc-8","idx":49,"n":49,"text":"49. In the provision of rehabilitation, States parties should ensure that workers with disabilities as a result of an accident or illness and, where relevant, their dependants receive adequate compensation, including for costs of treatment, loss of earnings and other costs, in addition to access to rehabilitation services.[[fn:38]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":38,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 29."}],"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","L. Promotion of vocational and professional rehabilitation, job retention and return-to-work programmes (art. 27 (1) (k))"]},{"id":"crpd-c-gc-8-0050","docId":"crpd-c-gc-8","idx":50,"n":50,"text":"50. Return-to-work programmes may lead to the employee concerned continuing in the same role, transferring to a different role with the same employer or taking on a role with a different employer. Such programmes should not be used to promote employment in segregated work settings.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","L. Promotion of vocational and professional rehabilitation, job retention and return-to-work programmes (art. 27 (1) (k))"]},{"id":"crpd-c-gc-8-0051","docId":"crpd-c-gc-8","idx":51,"n":51,"text":"51. The prohibition of slavery, servitude and forced or compulsory labour is at the core of international human rights law. Persons with disabilities, including children with disabilities, are at an increased risk of experiencing situations of slavery or servitude, such as segregated employment, abduction and forced labour.[[fn:39]] Such situations extend to debt bondage, trafficking, begging, and work in sweatshops, on farms or in segregated employment for little or no pay.","labels":["Children"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":39,"text":"CRPD/C/BOL/CO/1, paras. 41–42."}],"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","M. Slavery, servitude and forced or compulsory labour (art. 27 (2))"]},{"id":"crpd-c-gc-8-0052","docId":"crpd-c-gc-8","idx":52,"n":52,"text":"52. States parties should develop comprehensive measures to prevent and to investigate all instances of slavery, servitude and forced or compulsory labour. Such measures should include awareness-raising programmes, information campaigns, legislative provisions, complaints procedures, sanctions regimes, investigation mechanisms, and redress and reparation measures.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","M. Slavery, servitude and forced or compulsory labour (art. 27 (2))"]},{"id":"crpd-c-gc-8-0053","docId":"crpd-c-gc-8","idx":53,"n":53,"text":"53. To fulfil their obligations under article 27 (2) of the Convention, States parties should pay attention to the right of persons with disabilities to choice, consent and freedom from coercion. Choice must be understood in the context of the harm that conditions of work may cause. In some cases, available working conditions may be harmful to the health and well-being of persons with disabilities for reasons related to their disability. These individuals require reasonable accommodation through modifications to working conditions, and meaningful social protection and other support to ensure that they are not forced to perform work against their will. In other cases, persons with disabilities experience harm through discrimination caused by segregation, lack of equal remuneration for work of equal value and limited pathways to employment that is freely chosen, on an equal basis with others. The risk of coercion stems from the fact that persons with disabilities often face wider social vulnerability, lack of meaningful alternatives and relations of dependency or care that become exploitative. This risk needs to be taken into account for the purposes of understanding whether consent has been given. Even when consent has been given, attention should be paid to a wider context of exploitation or coercion. Consent is not sufficient to indicate that someone is not in a situation of slavery, servitude or trafficking.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["I. Promotion of employment in the private sector, including affirmative action programmes (art. 27 (1) (h))","M. Slavery, servitude and forced or compulsory labour (art. 27 (2))"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"2","source":"regex"}]},{"id":"crpd-c-gc-8-0054","docId":"crpd-c-gc-8","idx":54,"n":54,"text":"54. Article 4 (2) of the Convention requires that, with regard to economic, social and cultural rights, States parties take measures to the maximum of their available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of those rights. The principal general obligation of States parties is therefore to ensure the progressive realization of the right to work. Deliberate, concrete and targeted steps towards that goal must be taken within a reasonably short time after the Convention’s entry into force for the State party concerned.[[fn:40]] This obligation sits alongside States parties’ immediate obligations, under articles 4 (1), 5 and 27, to ensure non-discrimination with regard to the right to work.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":40,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990), para. 2."}],"section":["IV. Obligations of States parties","A. General obligations"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"2","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0055","docId":"crpd-c-gc-8","idx":55,"n":55,"text":"55. The right of all persons with disabilities to work imposes three types or levels of obligations on States parties: the obligations to respect, to protect and to fulfil. In turn, the obligation to fulfil contains obligations to facilitate, to provide and to promote.[[fn:41]] The obligation to respect is contained in article 4 (1) (d) of the Convention, under which the State party is required to refrain from engaging in any act or practice that is inconsistent with the Convention. The obligation to protect is contained in article 4 (1) (c) and (e), under which the State party is required to take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes and to take all appropriate measures to eliminate discrimination on the basis of disability by third parties, including private enterprises. The obligation to fulfil is contained in, for example, article 4 (1) (f) and (g), under which the State is required to undertake or promote research and development of universally designed goods and services and new assistive technologies.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":41,"text":"In its general comments No. 12 (1999) (para. 15) and No. 13 (1999) (para. 46), the Committee on Economic, Social and Cultural Rights noted that the obligation to fulfil incorporated both an obligation to facilitate and an obligation to provide. In its general comment No. 14 (2000) (para. 33), it then also incorporated a third obligation – the obligation to promote – into the obligation to fulfil, based on the importance of health promotion in the work of the World Health Organization and others. Given that the purpose of the Convention, under article 1, is to promote the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities and to promote respect for their inherent dignity, in the present general comment the obligation to promote has been included under the obligation to fulfil."}],"section":["IV. Obligations of States parties","A. General obligations"],"citedArticles":[{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"1","source":"regex"}]},{"id":"crpd-c-gc-8-0056","docId":"crpd-c-gc-8","idx":56,"n":56,"text":"56. Retrogressive measures are not permissible in relation to any of the rights covered by the Convention, including the right to work. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives, that they are duly justified, by reference to the totality of the rights provided for in the Convention, in the context of the full use of the State party’s maximum available resources,[[fn:42]] and that they do not have a disproportionate impact on persons with disabilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":42,"text":"Committee on Economic, Social and Cultural Rights, general comments No. 3 (1990), para. 9, and No. 14 (2000), para. 32."}],"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0057","docId":"crpd-c-gc-8","idx":57,"n":57,"text":"57. The obligation to respect requires States parties to refrain from interfering directly or indirectly with the enjoyment of the right to work by, inter alia, refraining from denying or limiting equal access to decent work for all persons with disabilities, refraining from exempting employers from paying the national minimum wage on the basis on disability, and prohibiting forced or compulsory labour. States parties are bound by the obligation to respect the right of women with disabilities and young persons with disabilities to have access to just and favourable conditions of work, and are thus required to take measures to combat multiple and intersectional discrimination and to achieve equal opportunity for promotion and equal remuneration for work of equal value. Any assessment by States parties of the “value” of work must avoid stereotypes relating to persons with disabilities, including concerning their sex or gender, that could undervalue work predominantly performed by women with disabilities.[[fn:43]] Additionally, States parties should take immediate measures to remove barriers in laws, policies and programmes that associate disability with “inability to work”. In particular, measures to assess or classify disability status should not be based on or lead to limitation of the right of persons with disabilities to work.","labels":["Women/girls","Adolescents","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":43,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 47 (a)."}],"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0058","docId":"crpd-c-gc-8","idx":58,"n":58,"text":"58. The obligation to protect requires States parties to take all appropriate measures to eliminate discrimination on the basis of disability by private, non-State actors, such as private business enterprises, trade unions and all members of society, to prevent interference with the guarantees of article 27.[[fn:44]] In particular, States parties have an obligation to protect persons with disabilities from the main forms of discrimination in connection to work and employment – direct discrimination, indirect discrimination, denial of reasonable accommodation, harassment and discrimination by association – which may occur individually or simultaneously. Furthermore, the Committee has in its jurisprudence recommended measures to address multiple and intersectional discrimination, including the following: adopting legislation, policies and programmes that explicitly recognize multiple and intersectional discrimination,[[fn:45]] to ensure that complaints of such discrimination are considered to determine both liability and remedies; establishing a framework for data collection relevant to combating the intersectional discrimination faced by women and girls with disabilities;[[fn:46]] permitting complaints of discrimination on more than one ground, establishing higher levels of compensation for victims and imposing higher penalties for perpetrators;[[fn:47]] strengthening anti-discrimination laws to address intersectional discrimination;[[fn:48]] examining the appropriateness of current structures used to deal with intersectional discrimination and adopting effective and specific measures to prevent intersectional forms of discrimination against women and girls;[[fn:49]] and developing frameworks for the inclusive, comprehensive and transparent participation of organizations of persons with disabilities, including those experiencing intersectional discrimination.[[fn:50]]","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":44,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 18; Human Rights Committee, general comments No. 18 (1989), para. 9, and No. 28 (2000), para. 31; Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 11; Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 9; and Committee on the Elimination of Racial Discrimination, general recommendation No. 25 (2000), paras. 1–2."},{"n":45,"text":"CRPD/C/BRA/CO/1, para. 13, and CRPD/C/MUS/CO/1, paras. 10 and 12."},{"n":46,"text":"CRPD/C/CZE/CO/1, para. 14, and CRPD/C/DEU/CO/1, para. 16 (b)."},{"n":47,"text":"CRPD/C/DNK/CO/1, para. 17."},{"n":48,"text":"CRPD/C/AUS/CO/1, para. 15."},{"n":49,"text":"CRPD/C/SWE/CO/1, paras. 12 and 14."},{"n":50,"text":"CRPD/C/DEU/CO/1, para. 10."}],"section":["IV. Obligations of States parties","A. General obligations"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0059","docId":"crpd-c-gc-8","idx":59,"n":59,"text":"59. Lastly, the obligation to fulfil – containing the obligations to facilitate, provide and promote – requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards ensuring work environments are open, inclusive and accessible.","labels":[],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0060","docId":"crpd-c-gc-8","idx":60,"n":60,"text":"60. In order to meet the obligation to facilitate the right of persons with disabilities to work and employment, States parties are required to take positive measures to enable and assist persons with disabilities to undertake technical and vocational education and training, and to implement technical and vocational education plans to facilitate access to employment. States parties are also obligated to undertake or promote research and development of and promote the availability and use of new technologies, including information and communications technology, mobility aids, devices and assistive technologies, giving priority to technologies at an affordable cost.[[fn:51]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":51,"text":"Convention, art. 4 (1) (g)."}],"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0061","docId":"crpd-c-gc-8","idx":61,"n":61,"text":"61. In order to meet the obligation to provide for the right of persons with disabilities to work and employment, States parties are obliged to recognize this right in national legal systems and to adopt a national policy and detailed action plan for its realization. The policy and plan should have sufficient resources allocated to it to increase the participation of persons with disabilities, particularly women with disabilities, in work and employment. States parties are also obliged to provide persons with disabilities with accessible information on the new technologies developed pursuant to the obligation to facilitate.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0062","docId":"crpd-c-gc-8","idx":62,"n":62,"text":"62. In order to meet the obligation to promote the right of persons with disabilities to work and employment, States parties should take steps to ensure appropriate education, information and awareness-raising campaigns, including gender mainstreaming, in both the private and public sectors. Awareness-raising campaigns should target private and public sector employers and employees, recruiters and employment agencies, and the general public, and should be in relevant languages and accessible formats for persons with disabilities.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["IV. Obligations of States parties","A. General obligations"]},{"id":"crpd-c-gc-8-0063","docId":"crpd-c-gc-8","idx":63,"n":63,"text":"63. States parties have an immediate, minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of the right of persons with disabilities to work and employment.[[fn:52]] In the context of article 27, this core obligation encompasses the obligation to ensure non-discrimination and equal protection of employment.[[fn:53]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":52,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990), para. 10."},{"n":53,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), para. 31."}],"section":["IV. Obligations of States parties","B. Core obligations"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"}]},{"id":"crpd-c-gc-8-0064","docId":"crpd-c-gc-8","idx":64,"n":64,"text":"In its jurisprudence on article 5 of the Convention, the Committee has set out the immediate steps that States parties are required to take to achieve de facto equality and ensure non-discrimination on the grounds of disability in relation to the right to work and employment.[[fn:54]] In particular, in order to ensure the provision of reasonable accommodation pursuant to articles 5 (3) and 27 (1) (i) and to achieve or accelerate de facto equality in work and employment pursuant to article 5 (4), States parties should: (a) Facilitate the transition away from segregated work environments for persons with disabilities and support their engagement in the open labour market, and in the meantime ensure the immediate applicability of labour rights to segregated settings; (b) Promote the right to supported employment, including to work assistance, job coaching and vocational qualification programmes, protect the rights of workers with disabilities and ensure the right of workers to freely choose their employment; (c) Ensure that persons with disabilities are paid no less than the minimum wage and do not lose the benefit of disability allowances when they start work; (d) Expressly recognize the denial of reasonable accommodation as discrimination and prohibit multiple and intersectional discrimination, and harassment; (e) Ensure proper transition into and out of employment for persons with disabilities in a non-discriminatory manner, and equal and effective access to benefits and entitlements, such as retirement or unemployment benefits, which must not be infringed upon by exclusion from employment, thereby further exacerbating the situation of exclusion; (f) Promote work in inclusive, accessible, safe and healthy working environments in the public and private sectors, including access to suitable bathroom facilities; (g) Ensure that persons with disabilities enjoy equal opportunities for career advancement through regular assessment meetings with their managers and by defining the objectives to be achieved, as part of a comprehensive strategy; (h) Ensure access to training, retraining and education, including vocational training and capacity-building for employees with disabilities, and provide training on the employment of persons with disabilities and reasonable accommodation for employers, representative organizations of employees and employers, unions and competent authorities; (i) Work towards universally applicable occupational health and safety measures, including occupational safety and health regulations that are non-discriminatory and inclusive of persons with disabilities; (j) Recognize the right of persons with disabilities to have access to trade and labour unions.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":54,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 67."}],"section":["IV. Obligations of States parties","B. Core obligations"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"3","source":"regex"},{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"5","paragraph":"4","source":"regex"}]},{"id":"crpd-c-gc-8-0065","docId":"crpd-c-gc-8","idx":65,"n":65,"text":"The Committee on Economic, Social and Cultural rights has also identified core obligations regarding the right to just and favourable conditions of work.[[fn:55]] In particular, States parties should: (a) Put in place a comprehensive system to combat gender discrimination at work, including with regard to remuneration; (b) Establish in legislation and in consultation with workers and employers, their representative organizations and other relevant partners, minimum wages that are non-discriminatory and non-derogable, fixed by taking into consideration relevant economic factors and indexed to the cost of living so as to ensure a decent living for workers and their families; (c) Define and prohibit harassment, including sexual harassment, at work through law, ensure appropriate complaints procedures and mechanisms and establish criminal sanctions for sexual harassment; (d) Introduce and enforce minimum standards in relation to rest, leisure, reasonable limitation of working hours, paid leave and public holidays.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":55,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 23 (2016), para. 65."}],"section":["IV. Obligations of States parties","B. Core obligations"]},{"id":"crpd-c-gc-8-0066","docId":"crpd-c-gc-8","idx":66,"n":66,"text":"66. Article 5 of the Convention, on equality and non-discrimination, requires States parties to promote inclusive equality and eliminate discrimination – direct discrimination, indirect discrimination, denial of reasonable accommodation, harassment and discrimination by association – in all matters of work, employment and the employment cycle. Furthermore, women with disabilities, gender-nonconforming persons with disabilities, older persons with disabilities and young persons with disabilities face an intersection of barriers, related to sex, gender, age and disability, that limit opportunities to work, adversely affect enjoyment of the right to equal pay for work of equal value and increase the risk of violence and harassment in the workplace.","labels":["Women/girls","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"5","source":"regex"}]},{"id":"crpd-c-gc-8-0067","docId":"crpd-c-gc-8","idx":67,"n":67,"text":"67. Women with disabilities (art. 6) experience multiple and intersectional discrimination in work and employment and throughout the employment cycle, resulting in barriers to equal participation in the workplace. Such barriers include sexual harassment, unequal pay for work of equal value, lack of career options, less prestigious career paths than other persons to be able to obtain employment, lack of access to redress because of discriminatory attitudes that result in dismissal of their claims, and physical, information and communications barriers.[[fn:56]] Women with disabilities are at risk of exploitation in the informal economy and in unpaid work, which in turn exacerbates inequalities in areas such as remuneration, health and safety, rest, leisure and paid leave, including maternity leave.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":56,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 58."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"6","source":"regex"}]},{"id":"crpd-c-gc-8-0068","docId":"crpd-c-gc-8","idx":68,"n":68,"text":"68. The number of children with disabilities (art. 7) globally is estimated at almost 240 million. Millions of children, with and without disabilities, are working as domestic workers or in non-hazardous occupations with their families without adequate rest or education, throughout most of their childhood.[[fn:57]] Children and youth with disabilities are at greater risk of exposure to hazardous child labour than other children and youth.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":57,"text":"Committee on the Rights of the Child, general comment No. 17 (2013), para. 29."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"7","source":"regex"}]},{"id":"crpd-c-gc-8-0069","docId":"crpd-c-gc-8","idx":69,"n":69,"text":"69. Awareness-raising (art. 8) campaigns targeting the public and private sectors regarding persons with disabilities and their rights are required to combat stereotypes, prejudices and harmful practices relating to persons with disabilities in all areas of life. Such campaigns should include awareness-raising to combat stereotypes based on assumptions that some persons with disabilities – such as autistic persons, deaf persons, blind persons, persons with psychosocial disabilities and others – are unlikely to interact with their work colleagues or to be distracted in the workplace and hence have greater productivity than their co-workers. Values systems such as ableism, that underpin legislation, policies and practices leading to inequality and discrimination, need to be identified and eliminated.","labels":["Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"8","source":"regex"}]},{"id":"crpd-c-gc-8-0070","docId":"crpd-c-gc-8","idx":70,"n":70,"text":"70. Persons with disabilities cannot effectively enjoy their right to work and employment on an equal basis with others in the absence of accessibility (art. 9) and personal mobility (art. 20) throughout the employment cycle, whether in the workplace, in trade union activities or through accessible transport and support services to get to their workplace. All information related to work and employment must be accessible through sign language, Braille, Easy Read, accessible electronic formats, alternative script and augmentative and alternative modes, means and formats of communication.[[fn:58]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":58,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014), para. 41."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"9","source":"regex"},{"treaty":"CRPD","article":"20","source":"regex"}]},{"id":"crpd-c-gc-8-0071","docId":"crpd-c-gc-8","idx":71,"n":71,"text":"71. Persons with disabilities have the right to recognition everywhere as persons before the law (art. 12), and they enjoy legal capacity on an equal basis with others in all aspects of life, including the exercise of legal capacity throughout the employment cycle, especially on entry into an employment relationship (for example, through a formal contract), and for access to finance, credit and insurance. The provision of support in the exercise of legal capacity may include supported decision-making.[[fn:59]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":59,"text":"See Committee on the Rights of Persons with Disabilities, general comment No. 1 (2014)."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"12","source":"regex"}]},{"id":"crpd-c-gc-8-0072","docId":"crpd-c-gc-8","idx":72,"n":72,"text":"72. Persons with disabilities are entitled to access to justice (art. 13) on an equal basis with others, regarding all areas of employment law, including with regard to industrial relations and injury compensation claims related to employment.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"13","source":"regex"}]},{"id":"crpd-c-gc-8-0073","docId":"crpd-c-gc-8","idx":73,"n":73,"text":"73. Persons with disabilities have the right to choice, consent and freedom from coercion. The risk of coercion stems from the fact that persons with disabilities experience greater social and environmental barriers resulting in increased vulnerability, lack of meaningful alternatives and relations of dependency or care that can become exploitative (art. 16). Understanding whether consent has been given is crucial. As noted above, even when consent has been given, the wider context of coercion, exploitation and meaningful alternatives must be considered. Consent is not sufficient to indicate that a person with disabilities is not in a situation of servitude or slavery. Children with disabilities are particularly vulnerable to economic exploitation, including child labour, drug trafficking and begging.[[fn:60]] Young persons with disabilities are also at particular risk of inappropriate use of unpaid internships, training programmes and volunteering schemes.","labels":["Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":60,"text":"Committee on the Rights of the Child, general comment No. 9 (2006), para. 75."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"16","source":"regex"}]},{"id":"crpd-c-gc-8-0074","docId":"crpd-c-gc-8","idx":74,"n":74,"text":"74. Free choice of work and employment on an equal basis with others is fundamental to living independently and being included in the community (art. 19). It provides economic independence, choice, social connections, friendships and identity. For many people with disabilities, programmes and financial support for the provision of personal assistance is critical to ensuring their right to work.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"19","source":"regex"}]},{"id":"crpd-c-gc-8-0075","docId":"crpd-c-gc-8","idx":75,"n":75,"text":"75. Respect for privacy (art. 22) is important factor in life and often involves sensitive personal issues. Respect for the privacy of employees with disabilities requires employers to obtain the consent of an employee with disabilities before sharing – with human resources staff, for example – disability- or impairment-related information that is disclosed to them. The requirement to protect confidential information extends throughout the employment cycle and includes protection from the use of genetic information that could indicate a potential predisposition to certain impairments.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"22","source":"regex"}]},{"id":"crpd-c-gc-8-0076","docId":"crpd-c-gc-8","idx":76,"n":76,"text":"76. Inclusive education (art. 24) plays a vital role in ensuring that persons with disabilities are able to exercise their right to work and employment that is freely chosen on an equal basis with others. Quality inclusive education prepares persons with disabilities for work and employment through the acquisition of the knowledge, skills and confidence necessary for participation in the open labour market.[[fn:61]] However, a third of out-of-school children worldwide are children with disabilities. Many Governments officially promote inclusive education, but, in practice, children with disabilities, especially girls with disabilities, are either excluded or segregated in special schools,[[fn:62]] which will negatively affect their enjoyment of the right to work and employment that is freely chosen on an equal basis with others. The transition from secondary or tertiary education to employment needs particular attention to realize the right to work. It is important to ensure that pathways into the open labour market are promoted for persons with disabilities, and that persons with disabilities are not channelled into segregated settings of work. Lifelong education is a key component to ensuring and fostering the continued career development of persons with disabilities.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":61,"text":"Committee on the Rights of Persons with Disabilities, general comment No. 4 (2016), para. 56."},{"n":62,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 36 (2017), paras. 43–44."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"24","source":"regex"}]},{"id":"crpd-c-gc-8-0077","docId":"crpd-c-gc-8","idx":77,"n":77,"text":"77. Employers have a fundamental responsibility to protect the health and safety of workers (art. 25). Comprehensive habilitation and rehabilitation services and programmes (art. 26) are vital for the employment of persons with disabilities. When persons with disabilities are injured at work or when a person acquires a disability through work, it is essential that rehabilitation and return-to-work measures fully respect the choice and preferences of the person and are not used to promote employment in segregated work settings.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"25","source":"regex"},{"treaty":"CRPD","article":"26","source":"regex"}]},{"id":"crpd-c-gc-8-0078","docId":"crpd-c-gc-8","idx":78,"n":78,"text":"78. Persons with disabilities are entitled to social protection (art. 28) to cover the loss or lack of earnings due to the inability to obtain or maintain freely chosen employment on an equal basis with others. The social protection system must ensure adequate protection of unemployed workers with disabilities on an equal basis with others. The right to social protection extends to part-time workers with disabilities, casual workers with disabilities, seasonal workers with disabilities and self-employed persons with disabilities, and persons with disabilities working in the informal economy. Benefits should include the continuation of support payments until such time that it is clear that the employment is sustained, and cover periods of loss of earnings when employees with disabilities are requested not to report for work during a public health or other emergency.[[fn:63]] Where employment ceases, support payments should be immediately reinstated. Support payments related to essential disability-related expenses should be continued throughout employment, to ensure employment on an equal basis with others. The support provided should also cover individuals, including primary caregivers (who are overwhelmingly female) and relatives, who support persons with disabilities.[[fn:64]] Concepts such as “inability to work” and “fitness to work” are not components of the design of social protection systems. The diversity of personal circumstances, needs and barriers that persons with disabilities experience in seeking, retaining and returning to paid employment requires the design of flexible social protection systems that are responsive to individual situations.[[fn:65]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":63,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005), para. 37."},{"n":64,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994), para. 28."},{"n":65,"text":"CRPD/C/15/4 and CRPD/C/15/4/Corr.1, para. 102."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"28","source":"regex"}]},{"id":"crpd-c-gc-8-0079","docId":"crpd-c-gc-8","idx":79,"n":79,"text":"79. Collective bargaining is a tool of fundamental importance in the formulation of employment policies.[[fn:66]] Trade union-related rights apply equally to workers with disabilities as to other workers. Article 27 (1) (c), read in conjunction with article 29, serves to emphasize the importance of the right of persons with disabilities to form their own organizations. If these organizations are to be effective in the promotion and protection of the economic and social interests of persons with disabilities, they should be consulted regularly by government bodies and others in relation to all matters affecting them. It may also be necessary for these organizations to be supported financially, so as to ensure their viability.[[fn:67]]","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":66,"text":"Committee on Economic, Social and Cultural rights, general comment No. 18 (2005), para. 39."},{"n":67,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 5 (1994), para. 26. See also Committee on the Rights of Persons with Disabilities, general comment No. 7 (2018)."}],"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"27","paragraph":"1","source":"regex"},{"treaty":"CRPD","article":"29","source":"regex"}]},{"id":"crpd-c-gc-8-0080","docId":"crpd-c-gc-8","idx":80,"n":80,"text":"80. The collection and analysis of data (art. 31), disaggregated on the basis of disability, in order to identify all forms of discrimination, including multiple and intersectional discrimination, is essential to monitor the barriers to employment for persons with disabilities on an equal basis with others. Appropriately disaggregated data also allows the identification of those working in the informal economy and of the barriers related to self-employment and entrepreneurship.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"31","source":"regex"}]},{"id":"crpd-c-gc-8-0081","docId":"crpd-c-gc-8","idx":81,"n":81,"text":"81. International cooperation (art. 32) is essential in terms of promoting national efforts to realize the right to work and advancing progress towards achieving the Sustainable Development Goals, particularly target 8.5 thereof, on achieving full and productive employment and decent work for all persons and equal pay for work of equal value. International cooperation is also essential in terms of addressing inequitable access to assistive technologies in resource-scarce settings, so that persons with disabilities are able to participate in the labour marker on an equal basis with others.","labels":["Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"section":["V. Relationship with other articles of the Convention"],"citedArticles":[{"treaty":"CRPD","article":"32","source":"regex"}]},{"id":"crpd-c-gc-8-0082","docId":"crpd-c-gc-8","idx":82,"n":82,"text":"In order to ensure the right of persons with disabilities to work and employment on an equal basis with others, and in addition to upholding the normative content and meeting the obligations outlined above, States parties should take the following measures to ensure the full implementation of article 27 of the Convention: (a) Undertake a comprehensive study to determine the impact of ableism on the right of persons with disabilities to work and employment, on an equal basis with others, including the right to the opportunity to gain a living by work freely chosen; (b) Undertake studies on barriers to access by persons with disabilities to the right to work, identify the specific gender- and age-related challenges that persons with disabilities face in terms of realizing this right, and highlight innovative practices and solutions that emerge from the protection and promotion of the right of persons with disabilities to work and employment; (c) Consistent with article 4 (3) of the Convention, closely consulting and actively involving persons with disabilities, including underrepresented groups, through their representative organizations, conduct a review of national employment legislation, policies, programmes and practices and harmonize them with the Convention, repeal discriminatory laws and regulations that are inconsistent with the Convention, change or abolish customs and practices that are discriminatory against persons with disabilities, and develop a code of practice for the employment of persons with disabilities to serve as a step-by-step guide to prevent discrimination against persons with disabilities in the labour market and in the workplace; (d) Ensure that the review extends across the public and private sectors, that it includes the incorporation of gender, age and disability perspectives into laws, policies and programmes and into the implementation and evaluation thereof,[[fn:68]] and that it extends to the following areas: the promotion of youth employment; occupational health and safety measures; protections against violence, including gender based violence, harassment and forced labour; and the transition from the informal to the formal economy; (e) Develop a national employment strategy and plan of action, inclusive of persons with disabilities, that is devised and reviewed on the basis of a participatory and transparent process, and that includes methods such as indicators and benchmarks by which progress can be monitored; (f) Ensure that the protection and promotion of the right of persons with disabilities to work is integrated into emerging areas of work and employment, including the digital economy, teleworking, regulation of the gig economy and of the platform economy, economic reactivation or recovery from crisis, transition to a green economy, and use of artificial intelligence in recruitment and work; (g) Ensure that measures to protect and promote the right to work cover the diversity of persons with disabilities, their professional experience and skills; (h) Ensure that measures are taken to eliminate the exploitation of women with disabilities, children with disabilities and gender-nonconforming persons with disabilities in the formal and informal economy and in unpaid work, including the following: ensuring parental leave rights for all; taking affirmative action to increase the number of women with disabilities in the formal work sector; adopting laws and policies to allow for sufficient paid parental leave, for affordable, accessible and appropriate childcare of good quality, and for social protection that does not negatively affect persons with disabilities who are pregnant or those who must take leave to meet caregiving obligations; adopting laws and policies to protect all child workers from conditions that violate their rights; and adopting laws and policies to ensure that employers prevent and respond to gender-based violence efficiently and to promote a paradigm shift related to cultural and societal norms that contribute to gender-based violence; (i) Expeditiously phase out segregated employment, including sheltered workshops, by adopting concrete action plans, with resources, time frames and monitoring mechanisms, to ensure the transition from segregated employment to the open labour market, which include obligations: (i) To review the laws, policies, approaches and assumptions on which the promotion of sheltered employment has been based; (ii) To closely consult with and actively involve persons with disabilities, through their representative organizations, as a matter of priority, in the design, implementation and monitoring of transition processes; (j) Develop and carry out knowledge, awareness-raising and capacity-building programmes, with the meaningful participation of persons with disabilities, through their representative organizations, including training in the public and private sectors and the informal economy, to ensure compliance with the Convention; (k) Establish methods for collecting appropriately disaggregated data, according to a strong human rights conceptual and methodological framework, as set out in Human Rights Indicators: A Guide to Measurement and Implementation,[[fn:69]] to facilitate understanding of the situation of persons with disabilities in and out of employment, with particular attention to the relevance and efficacy of State party measures to promote employment in the formal economy; (l) Establish accessible and effective redress mechanisms and ensure access to justice, on an equal basis with others, for victims of discrimination based on disability, encompassing access by all persons with disabilities to effective judicial and/or administrative procedures, including effective and accessible complaints mechanisms, and to appropriate, affordable and quality legal aid; (m) Identify and strengthen pathways into work for persons with disabilities, including through job-matching mechanisms that act as a bridge between persons with disabilities and employers, and the development of specific entry mechanisms into public sector employment; (n) Foster and strengthen multi-stakeholder partnerships and networks to promote employment for persons with disabilities, including using networks to bring employers together on the promotion of work for persons with disabilities; working collaboratively with organizations of persons with disabilities, including by systematically sending public and private sector employment vacancies to those organizations; and encouraging mainstream agencies that promote employment to strengthen their ability to support persons with disabilities through partnerships with organizations working on disability rights; (o) Promote reporting by State and non-State employers on the levels and conditions of employment of persons with disabilities, including information on measures taken and results achieved with regard to career advancement among employees with disabilities; (p) Promote the employment of persons with disabilities, in particular women with disabilities,[[fn:70]] including through affirmative action such as quota mechanisms and targets, and take measures to mitigate the possibility of unintended negative consequences, such as the reinforcement of stereotypes, limited compliance and the creation of employment opportunities for only limited groups among persons with disabilities, in particular by: (i) Ensuring clear monitoring, transparency and reporting; (ii) Identifying and preventing work practices that are not consistent with the Convention, including segregation, stereotyping or discrimination; (iii) Assessing performance and results, including evaluating the quality of work achieved and checking whether employees with disabilities become restricted to certain roles or types of work and whether only certain groups of persons with disabilities are benefiting from employment; (iv) Ensuring appropriate accountability and enforcement mechanisms; (v) Ensuring that affirmative action is accompanied with measures to support employers in fulfilling them.","labels":["Women/girls","Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CRPD","committees":["CRPD"],"year":2022,"footnotes":[{"n":68,"text":"CRPD/C/DNK/CO/1, para. 19."},{"n":69,"text":"Office of the United Nations High Commissioner for Human Rights (Geneva, 2012). See also CRPD/C/CZE/CO/1, para. 14."},{"n":70,"text":"CRPD/C/DNK/CO/1, para. 18."}],"section":["VI. Implementation at the national level"],"citedArticles":[{"treaty":"CRPD","article":"27","source":"regex"},{"treaty":"CRPD","article":"4","paragraph":"3","source":"regex"}]},{"id":"e-1989-22-0001","docId":"e-1989-22","idx":1,"n":1,"text":"The reporting obligations which are contained in part IV of the Covenant are designed principally to assist each State party in fulfilling its obligations under the Covenant and, in addition, to provide a basis on which the Council, assisted by the Committee, can discharge its responsibilities for monitoring States parties’ compliance with their obligations and for facilitating the realization of economic, social and cultural rights in accordance with the provisions of the Covenant. The Committee considers that it would be incorrect to assume that reporting is essentially only a procedural matter designed solely to satisfy each State party’s formal obligation to report to the appropriate international monitoring body. On the contrary, in accordance with the letter and spirit of the Covenant, the processes of preparation and submission of reports by States can, and indeed should, serve to achieve a variety of objectives.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0002","docId":"e-1989-22","idx":2,"n":2,"text":"A first objective, which is of particular relevance to the initial report required to be submitted within two years of the Covenant’s entry into force for the State party concerned, is to ensure that a comprehensive review is undertaken with respect to national legislation, administrative rules and procedures, and practices in an effort to ensure the fullest possible conformity with the Covenant. Such a review might, for example, be undertaken in conjunction with each of the relevant national ministries or other authorities responsible for policy‑making and implementation in the different fields covered by the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0003","docId":"e-1989-22","idx":3,"n":3,"text":"A second objective is to ensure that the State party monitors the actual situation with respect to each of the rights on a regular basis and is thus aware of the extent to which the various rights are, or are not, being enjoyed by all individuals within its territory or under its jurisdiction. From the Committee’s experience to date, it is clear that the fulfilment of this objective cannot be achieved only by the preparation of aggregate national statistics or estimates, but also requires that special attention be given to any worse‑off regions or areas and to any specific groups or subgroups which appear to be particularly vulnerable or disadvantaged. Thus, the essential first step towards promoting the realization of economic, social and cultural rights is diagnosis and knowledge of the existing situation. The Committee is aware that this process of monitoring and gathering information is a potentially time‑consuming and costly one and that international assistance and cooperation, as provided for in article 2, paragraph 1 and articles 22 and 23 of the Covenant, may well be required in order to enable some States parties to fulfil the relevant obligations. If that is the case, and the State party concludes that it does not have the capacity to undertake the monitoring process which is an integral part of any process designed to promote accepted goals of public policy and is indispensable to the effective implementation of the Covenant, it may note this fact in its report to the Committee and indicate the nature and extent of any international assistance that it may need.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981,"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-1989-22-0004","docId":"e-1989-22","idx":4,"n":4,"text":"While monitoring is designed to give a detailed overview of the existing situation, the principal value of such an overview is to provide the basis for the elaboration of clearly stated and carefully targeted policies, including the establishment of priorities which reflect the provisions of the Covenant. Therefore, a third objective of the reporting process is to enable the Government to demonstrate that such principled policy‑making has in fact been undertaken. While the Covenant makes this obligation explicit only in article 14 in cases where “compulsory primary education, free of charge” has not yet been secured for all, a comparable obligation “to work out and adopt a detailed plan of action for the progressive implementation” of each of the rights contained in the Covenant is clearly implied by the obligation in article 2, paragraph 1 “to take steps ... by all appropriate means ...”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-1989-22-0005","docId":"e-1989-22","idx":5,"n":5,"text":"A fourth objective of the reporting process it to facilitate public scrutiny of government policies with respect to economic, social and cultural rights and to encourage the involvement of the various economic, social and cultural sectors of society in the formulation, implementation and review of the relevant policies. In examining reports submitted to it to date, the Committee has welcomed the fact that a number of States parties, reflecting different political and economic systems, have encouraged inputs by such non‑governmental groups into the preparation of their reports under the Covenant. Other States have ensured the widespread dissemination of their reports with a view to enabling comments to be made by the public at large. In these ways, the preparation of the report, and its consideration at the national level can come to be of at least as much value as the constructive dialogue conducted at the international level between the Committee and representatives of the reporting State.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0006","docId":"e-1989-22","idx":6,"n":6,"text":"A fifth objective is to provide a basis on which the State party itself, as well as the Committee, can effectively evaluate the extent to which progress has been made towards the realization of the obligations contained in the Covenant. For this purpose, it may be useful for States to identify specific benchmarks or goals against which their performance in a given area can be assessed. Thus, for example, it is generally agreed that it is important to set specific goals with respect to the reduction of infant mortality, the extent of vaccination of children, the intake of calories per person, the number of persons per health‑care provider, etc. In many of these areas, global benchmarks are of limited use, whereas national or other more specific benchmarks can provide an extremely valuable indication of progress.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0007","docId":"e-1989-22","idx":7,"n":7,"text":"In this regard, the Committee wishes to note that the Covenant attaches particular importance to the concept of “progressive realization” of the relevant rights and, for that reason, the Committee urges States parties to include in their periodic reports information which shows the progress over time, with respect to the effective realization of the relevant rights. By the same token, it is clear that qualitative, as well as quantitative, data are required in order for an adequate assessment of the situation to be made.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0008","docId":"e-1989-22","idx":8,"n":8,"text":"A sixth objective is to enable the State party itself to develop a better understanding of the problems and shortcomings encountered in efforts to realize progressively the full range of economic, social and cultural rights. For this reason, it is essential that States parties report in detail on the “factors and difficulties” inhibiting such realization. This process of identification and recognition of the relevant difficulties then provides the framework within which more appropriate policies can be devised.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981},{"id":"e-1989-22-0009","docId":"e-1989-22","idx":9,"n":9,"text":"A seventh objective is to enable the Committee, and the States parties as a whole, to facilitate the exchange of information among States and to develop a better understanding of the common problems faced by States and a fuller appreciation of the type of measures which might be taken to promote effective realization of each of the rights contained in the Covenant. This part of the process also enables the Committee to identify the most appropriate means by which the international community might assist States, in accordance with articles 22 and 23 of the Covenant. In order to underline the importance which the Committee attaches to this objective, a separate general comment on those articles will be discussed by the Committee at its fourth session.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1981,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-c-12-1998-25-0001","docId":"e-c-12-1998-25","idx":1,"n":1,"text":"Article 2 (1) of the Covenant obligates each State party “to take steps ... with a view to achieving progressively the full realization of the [Covenant] rights ... by all appropriate means”. The Committee notes that one such means, through which important steps can be taken, is the work of national institutions for the promotion and protection of human rights. In recent years there has been a proliferation of these institutions and the trend has been strongly encouraged by the General Assembly and the Commission on Human Rights. The Office of the High Commissioner for Human Rights has established a major programme to assist and encourage States in relation to national institutions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1998-25-0002","docId":"e-c-12-1998-25","idx":2,"n":2,"text":"These institutions range from national human rights commissions through Ombudsman offices, public interest or other human rights “advocates”, to defenseurs du peuple and defensores del pueblo. In many cases, the institution has been established by the Government, enjoys an important degree of autonomy from the executive and the legislature, takes full account of international human rights standards which are applicable to the country concerned, and is mandated to perform various activities designed to promote and protect human rights. Such institutions have been established in States with widely differing legal cultures and regardless of their economic situation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998},{"id":"e-c-12-1998-25-0003","docId":"e-c-12-1998-25","idx":3,"n":3,"text":"The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights: (a)The promotion of educational and information programmes designed to enhance awareness and understanding of economic, social and cultural rights, both within the population at large and among particular groups such as the public service, the judiciary, the private sector and the labour movement; (b)The scrutinizing of existing laws and administrative acts, as well as draft bills and other proposals, to ensure that they are consistent with the requirements of the International Covenant on Economic, Social and Cultural Rights; (c)Providing technical advice, or undertaking surveys in relation to economic, social and cultural rights, including at the request of the public authorities or other appropriate agencies; (d)The identification of national-level benchmarks against which the realization of Covenant obligations can be measured; E/C.12/1998/25 page 3 (e)Conducting research and inquiries designed to ascertain the extent to which particular economic, social and cultural rights are being realized, either within the State as a whole or in areas or in relation to communities of particular vulnerability; (f)Monitoring compliance with specific rights recognized under the Covenant and providing reports thereon to the public authorities and civil society; and (g)Examining complaints alleging infringements of applicable economic, social and cultural rights standards within the State.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998},{"id":"e-c-12-1998-25-0004","docId":"e-c-12-1998-25","idx":4,"n":4,"text":"The Committee calls upon States parties to ensure that the mandates accorded to all national human rights institutions include appropriate attention to economic, social and cultural rights and requests States parties to include details of both the mandates and the principal relevant activities of such institutions in their reports submitted to the Committee. -----","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998},{"id":"e-c-12-1999-4-0001","docId":"e-c-12-1999-4","idx":1,"n":1,"text":"Article 14 of the International Covenant on Economic, Social and Cultural Rights requires each State party which has not been able to secure compulsory primary education, free of charge, to undertake, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory primary education free of charge for all. In spite of the obligations undertaken in accordance with article 14, a number of States parties have neither drafted nor implemented a plan of action for free and compulsory primary education.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-4-0002","docId":"e-c-12-1999-4","idx":2,"n":2,"text":"The right to education, recognized in articles 13 and 14 of the Covenant, as well as in a variety of other international treaties, such as the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women, is of vital importance. It has been variously classified as an economic right, a social right and a cultural right. It is all of these. It is also, in many ways, a civil right and a political right, since it is central to the full and effective realization of those rights as well. In this respect, the right to education epitomizes the indivisibility and interdependence of all human rights.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"article":"13","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'articles 13 and 14 of the Covenant' — home_treaty=ICESCR and regex_default_treaty=ICESCR; 'the Covenant' in CESCR documents is ICESCR."},{"article":"14","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'articles 13 and 14 of the Covenant' — home_treaty=ICESCR; 'the Covenant' is ICESCR."}]},{"id":"e-c-12-1999-4-0003","docId":"e-c-12-1999-4","idx":3,"n":3,"text":"In line with its clear and unequivocal obligation under article 14, every State party is under a duty to present to the Committee a plan of action drawn up along the lines specified in paragraph 8 below. This obligation needs to be scrupulously observed in view of the fact that in developing countries, 130 million children of school age are currently estimated to be without access to primary education, of whom about two thirds are girls. The Committee is fully aware that many diverse factors have made it difficult for States parties to fulfil their obligation to provide a plan of action. For example, the structural adjustment programmes that began in the 1970s, the debt crises that followed in the 1980s and the financial crises of the late 1990s, as well as other factors, have greatly exacerbated the extent to which the right to primary education is being denied. These difficulties, however, cannot relieve States parties of their obligation to adopt and submit a plan of action to the Committee, as provided for in article 14 of the Covenant.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-4-0004","docId":"e-c-12-1999-4","idx":4,"n":4,"text":"Plans of action prepared by States parties to the Covenant in accordance with article 14 are especially important as the work of the Committee has shown that the lack of educational opportunities for children often reinforces their subjection to various other human rights violations. For instance these children, who may live in abject poverty and not lead healthy lives, are particularly vulnerable to forced labour and other forms of exploitation. Moreover, there is a direct correlation between, for example, primary school enrolment levels for girls and major reductions in child marriages.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-4-0005","docId":"e-c-12-1999-4","idx":5,"n":5,"text":"Article 14 contains a number of elements which warrant some elaboration in the light of the Committee's extensive experience in examining State party reports.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-4-0006","docId":"e-c-12-1999-4","idx":6,"n":6,"text":"Compulsory. The element of compulsion serves to highlight the fact that neither parents, nor guardians, nor the State are entitled to treat as optional the decision as to whether the child should have access to primary education. Similarly, the prohibition of gender discrimination in access to education, required also by articles 2 and 3 of the Covenant, is further underlined by this requirement. It should be emphasized, however, that the education offered must be adequate in quality, relevant to the child and must promote the realization of the child's other rights.","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-1999-4-0007","docId":"e-c-12-1999-4","idx":7,"n":7,"text":"Free of charge. The nature of this requirement is unequivocal. The right is expressly formulated so as to ensure the availability of primary education without charge to the child, parents or guardians. Fees imposed by the Government, the local authorities or the school, and other direct costs, constitute disincentives to the enjoyment of the right and may jeopardize its realization. They are also often highly regressive in effect. Their elimination is a matter which must be addressed by the required plan of action. Indirect costs, such as compulsory levies on parents (sometimes portrayed as being voluntary, when in fact they are not), or the obligation to wear a relatively expensive school uniform, can also fall into the same category. Other indirect costs may be permissible, subject to the Committee's examination on a case-by-case basis. This provision of compulsory primary education in no way conflicts with the right recognized in article 13.3 of the Covenant for parents and guardians “to choose for their children schools other than those established by the public authorities”.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-4-0008","docId":"e-c-12-1999-4","idx":8,"n":8,"text":"Adoption of a detailed plan. The State party is required to adopt a plan of action within two years. This must be interpreted as meaning within two years of the Covenant's entry into force of the State concerned, or within two years of a subsequent change in circumstances which has led to the non-observance of the relevant obligation. This obligation is a continuing one and States parties to which the provision is relevant by virtue of the prevailing situation are not absolved from the obligation as a result of their past failure to act within the two-year limit. The plan must cover all of the actions which are necessary in order to secure each of the requisite component parts of the right and must be sufficiently detailed so as to ensure the comprehensive realization of the right. Participation of all sections of civil society in the drawing up of the plan is vital and some means of periodically reviewing progress and ensuring accountability are essential. Without those elements, the significance of the article would be undermined.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999},{"id":"e-c-12-1999-4-0009","docId":"e-c-12-1999-4","idx":9,"n":9,"text":"Obligations. A State party cannot escape the unequivocal obligation to adopt a plan of action on the grounds that the necessary resources are not available. If the obligation could be avoided in this way, there would be no justification for the unique requirement contained in article 14 which applies, almost by definition, to situations characterized by inadequate financial resources. By the same token, and for the same reason, the reference to “international assistance and cooperation” in article 2.1 and to “international action” in article 23 of the Covenant are of particular relevance in this situation. Where a State party is clearly lacking in the financial resources and/or expertise required to “work out and adopt” a detailed plan, the international community has a clear obligation to assist.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-c-12-1999-4-0010","docId":"e-c-12-1999-4","idx":10,"n":10,"text":"Progressive implementation. The plan of action must be aimed at securing the progressive implementation of the right to compulsory primary education, free of charge, under article 14. Unlike the provision in article 2.1, however, article 14 specifies that the target date must be “within a reasonable number of years” and moreover, that the time-frame must “be fixed in the plan”. In other words, the plan must specifically set out a series of targeted implementation dates for each stage of the progressive implementation of the plan. This underscores both the importance and the relative inflexibility of the obligation in question. Moreover, it needs to be stressed in this regard that the State party's other obligations, such as non-discrimination, are required to be implemented fully and immediately.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-4-0011","docId":"e-c-12-1999-4","idx":11,"n":11,"text":"The Committee calls upon every State party to which article 14 is relevant to ensure that its terms are fully complied with and that the resulting plan of action is submitted to the Committee as an integral part of the reports required under the Covenant. Further, in appropriate cases, the Committee encourages States parties to seek the assistance of relevant international agencies, including the International Labour Organization (ILO), the United Nations Development Programme (UNDP), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Children's Fund (UNICEF), the International Monetary Fund (IMF) and the World Bank, in relation both to the preparation of plans of action under article 14 and their subsequent implementation. The Committee also calls upon the relevant international agencies to assist States parties to the greatest extent possible to meet their obligations on an urgent basis.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-5-0001","docId":"e-c-12-1999-5","idx":1,"n":1,"text":"The human right to adequate food is recognized in several instruments under international law. The International Covenant on Economic, Social and Cultural Rights deals more comprehensively than any other instrument with this right. Pursuant to article 11.1 of the Covenant, States parties recognize \"the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions\", while pursuant to article 11.2 they recognize that more immediate and urgent steps may be needed to ensure \"the fundamental right to freedom from hunger and malnutrition\". The human right to adequate food is of crucial importance for the enjoyment of all rights. It applies to everyone; thus the reference in Article 11.1 to \"himself and his family\" does not imply any limitation upon the applicability of this right to individuals or to female-headed households.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Introduction and basic premises"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0002","docId":"e-c-12-1999-5","idx":2,"n":2,"text":"The Committee has accumulated significant information pertaining to the right to adequate food through examination of State parties' reports over the years since 1979. The Committee has noted that while reporting guidelines are available relating to the right to adequate food, only few States parties have provided information sufficient and precise enough to enable the Committee to determine the prevailing situation in the countries concerned with respect to this right and to identify the obstacles to its realization. This General Comment aims to identify some of the principal issues which the Committee considers to be important in relation to the right to adequate food. Its preparation was triggered by the request of Member States during the 1996 World Food Summit, for a better definition of the rights relating to food in article 11 of the Covenant, and by a special request to the Committee to give particular attention to the Summit Plan of Action in monitoring the implementation of the specific measures provided for in article 11 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Introduction and basic premises"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0003","docId":"e-c-12-1999-5","idx":3,"n":3,"text":"In response to these requests, the Committee reviewed the relevant reports and documentation of the Commission on Human Rights and of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on the right to adequate food as a human right; devoted a day of general discussion to this issue at its seventeenth session in 1997, taking into consideration the draft international code of conduct on the human right to adequate food prepared by international non-governmental organizations; participated in two expert consultations on the right to adequate food as a human right organized by the Office of the United Nations High Commissioner for Human Rights (OHCHR), in Geneva in December 1997, and in Rome in November 1998 co-hosted by the Food and Agriculture Organization of the United Nations (FAO), and noted their final reports. In April 1999 the Committee participated in a symposium on \"The substance and politics of a human rights approach to food and nutrition policies and programmes\", organized by the Administrative Committee on Co-ordination/Sub-Committee on Nutrition of the United Nations at its twenty-sixth session in Geneva and hosted by OHCHR.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Introduction and basic premises"]},{"id":"e-c-12-1999-5-0004","docId":"e-c-12-1999-5","idx":4,"n":4,"text":"The Committee affirms that the right to adequate food is indivisibly linked to the inherent dignity of the human person and is indispensable for the fulfilment of other human rights enshrined in the International Bill of Human Rights. It is also inseparable from social justice, requiring the adoption of appropriate economic, environmental and social policies, at both the national and international levels, oriented to the eradication of poverty and the fulfilment of all human rights for all.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Introduction and basic premises"]},{"id":"e-c-12-1999-5-0005","docId":"e-c-12-1999-5","idx":5,"n":5,"text":"Despite the fact that the international community has frequently reaffirmed the importance of full respect for the right to adequate food, a disturbing gap still exists between the standards set in article 11 of the Covenant and the situation prevailing in many parts of the world. More than 840 million people throughout the world, most of them in developing countries, are chronically hungry; millions of people are suffering from famine as the result of natural disasters, the increasing incidence of civil strife and wars in some regions and the use of food as a political weapon. The Committee observes that while the problems of hunger and malnutrition are often particularly acute in developing countries, malnutrition, under-nutrition and other problems which relate to the right to adequate food and the right to freedom from hunger, also exist in some of the most economically developed countries. Fundamentally, the roots of the problem of hunger and malnutrition are not lack of food but lack of access to available food, inter alia because of poverty, by large segments of the world's population.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Introduction and basic premises"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0006","docId":"e-c-12-1999-5","idx":6,"n":6,"text":"The right to adequate food is realized when every man, woman and child, alone or in community with others, has physical and economic access at all times to adequate food or means for its procurement. The right to adequate food shall therefore not be interpreted in a narrow or restrictive sense which equates it with a minimum package of calories, proteins and other specific nutrients. The right to adequate food will have to be realized progressively. However, States have a core obligation to take the necessary action to mitigate and alleviate hunger as provided for in paragraph 2 of article 11, even in times of natural or other disasters.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Normative content of article 11, paragraphs 1 and 2"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0007","docId":"e-c-12-1999-5","idx":7,"n":7,"text":"The concept of adequacy is particularly significant in relation to the right to food since it serves to underline a number of factors which must be taken into account in determining whether particular foods or diets that are accessible can be considered the most appropriate under given circumstances for the purposes of article 11 of the Covenant. The notion of sustainability is intrinsically linked to the notion of adequate food or food security, implying food being accessible for both present and future generations. The precise meaning of \"adequacy\" is to a large extent determined by prevailing social, economic, cultural, climatic, ecological and other conditions, while \"sustainability\" incorporates the notion of long-term availability and accessibility.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0008","docId":"e-c-12-1999-5","idx":8,"n":8,"text":"The Committee considers that the core content of the right to adequate food implies:\n- The availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture;\n- The accessibility of such food in ways that are sustainable and that do not interfere with The enjoyment of other human rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0009","docId":"e-c-12-1999-5","idx":9,"n":9,"text":"Dietary needs implies that the diet as a whole contains a mix of nutrients for physical and mental growth, development and maintenance, and physical activity that are in compliance with human physiological needs at all stages throughout the life cycle and according to gender and occupation. Measures may therefore need to be taken to maintain, adapt or strengthen dietary diversity and appropriate consumption and feeding patterns, including breast-feeding, while ensuring that changes in availability and access to food supply as a minimum do not negatively affect dietary composition and intake.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0010","docId":"e-c-12-1999-5","idx":10,"n":10,"text":"Free from adverse substances sets requirements for food safety and for a range of protective measures by both public and private means to prevent contamination of foodstuffs through adulteration and/or through bad environmental hygiene or inappropriate handling at different stages throughout the food chain; care must also be taken to identify and avoid or destroy naturally occurring toxins.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0011","docId":"e-c-12-1999-5","idx":11,"n":11,"text":"Cultural or consumer acceptability implies the need also to take into account, as far as possible, perceived non nutrient-based values attached to food and food consumption and informed consumer concerns regarding the nature of accessible food supplies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0012","docId":"e-c-12-1999-5","idx":12,"n":12,"text":"Availability refers to the possibilities either for feeding oneself directly from productive land or other natural resources, or for well functioning distribution, processing and market systems that can move food from the site of production to where it is needed in accordance with demand.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0013","docId":"e-c-12-1999-5","idx":13,"n":13,"text":"Accessibility encompasses both economic and physical accessibility:\n- Economic accessibility implies that personal or household financial costs associated with The acquisition of food for an adequate diet should be at a level such that The attainment and satisfaction of other basic needs are not threatened or compromised. Economic accessibility applies to any acquisition pattern or entitlement through which people procure their food and is a measure of The extent to which it is satisfactory for The enjoyment of The right to adequate food. Socially vulnerable groups such as landless persons and other particularly impoverished segments of The population may need attention through special programmes.\n- Physical accessibility implies that adequate food must be accessible to everyone, including physically vulnerable individuals, such as infants and young children, elderly people, the physically disabled, the terminally ill and persons with persistent medical problems, including the mentally ill. Victims of natural disasters, people living in disaster-prone areas and other specially disadvantaged groups may need special attention and sometimes priority consideration with respect to accessibility of food. A particular vulnerability is that of many indigenous population groups whose access to their ancestral lands may be threatened.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Adequacy and sustainability of food availability and access"]},{"id":"e-c-12-1999-5-0014","docId":"e-c-12-1999-5","idx":14,"n":14,"text":"The nature of the legal obligations of States parties are set out in article 2 of the Covenant and has been dealt with in the Committee's General Comment No. 3 (1990). The principal obligation is to take steps to achieve progressively the full realization of the right to adequate food. This imposes an obligation to move as expeditiously as possible towards that goal. Every State is obliged to ensure for everyone under its jurisdiction access to the minimum essential food which is sufficient, nutritionally adequate and safe, to ensure their freedom from hunger.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-1999-5-0015","docId":"e-c-12-1999-5","idx":15,"n":15,"text":"The right to adequate food, like any other human right, imposes three types or levels of obligations on States parties: the obligations to respect, to protect and to fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":1,"text":"The obligation to respect existing access to adequate food requires States parties not to take any measures that result in preventing such access. The obligation to protect requires measures by the State to ensure that enterprises or individuals do not deprive individuals of their access to adequate food. The obligation to fulfil (facilitate) means the State must pro-actively engage in activities intended to strengthen people's access to and utilization of resources and means to ensure their livelihood, including food security. Finally, whenever an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal, States have the obligation to fulfil (provide) that right directly. This obligation also applies for persons who are victims of natural or other disasters."}],"section":["Obligations and violations"]},{"id":"e-c-12-1999-5-0016","docId":"e-c-12-1999-5","idx":16,"n":16,"text":"Some measures at these different levels of obligations of States parties are of a more immediate nature, while other measures are more of a long-term character, to achieve progressively the full realization of the right to food.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"]},{"id":"e-c-12-1999-5-0017","docId":"e-c-12-1999-5","idx":17,"n":17,"text":"Violations of the Covenant occur when a State fails to ensure the satisfaction of, at the very least, the minimum essential level required to be free from hunger. In determining which actions or omissions amount to a violation of the right to food, it is important to distinguish the inability from the unwillingness of a State party to comply. Should a State party argue that resource constraints make it impossible to provide access to food for those who are unable by themselves to secure such access, the State has to demonstrate that every effort has been made to use all the resources at its disposal in an effort to satisfy, as a matter of priority, those minimum obligations. This follows from Article 2.1 of the Covenant, which obliges a State party to take the necessary steps to the maximum of its available resources, as previously pointed out by the Committee in its General Comment No. 3, paragraph 10. A State claiming that it is unable to carry out its obligation for reasons beyond its control therefore has the burden of proving that this is the case and that it has unsuccessfully sought to obtain international support to ensure the availability and accessibility of the necessary food.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-1999-5-0018","docId":"e-c-12-1999-5","idx":18,"n":18,"text":"Furthermore, any discrimination in access to food, as well as to means and entitlements for its procurement, on the grounds of race, colour, sex, language, age, religion, political or other opinion, national or social origin, property, birth or other status with the purpose or effect of nullifying or impairing the equal enjoyment or exercise of economic, social and cultural rights constitutes a violation of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"]},{"id":"e-c-12-1999-5-0019","docId":"e-c-12-1999-5","idx":19,"n":19,"text":"Violations of the right to food can occur through the direct action of States or other entities insufficiently regulated by States. These include: the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to food; denial of access to food to particular individuals or groups, whether the discrimination is based on legislation or is pro-active; the prevention of access to humanitarian food aid in internal conflicts or other emergency situations; adoption of legislation or policies which are manifestly incompatible with pre-existing legal obligations relating to the right to food; and failure to regulate activities of individuals or groups so as to prevent them from violating the right to food of others, or the failure of a State to take into account its international legal obligations regarding the right to food when entering into agreements with other States or with international organizations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"]},{"id":"e-c-12-1999-5-0020","docId":"e-c-12-1999-5","idx":20,"n":20,"text":"While only States are parties to the Covenant and are thus ultimately accountable for compliance with it, all members of society - individuals, families, local communities, non-governmental organizations, civil society organizations, as well as the private business sector - have responsibilities in the realization of the right to adequate food. The State should provide an environment that facilitates implementation of these responsibilities. The private business sector – national and transnational - should pursue its activities within the framework of a code of conduct conducive to respect of the right to adequate food, agreed upon jointly with the Government and civil society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Obligations and violations"]},{"id":"e-c-12-1999-5-0021","docId":"e-c-12-1999-5","idx":21,"n":21,"text":"The most appropriate ways and means of implementing the right to adequate food will inevitably vary significantly from one State party to another. Every State will have a margin of discretion in choosing its own approaches, but the Covenant clearly requires that each State party take whatever steps are necessary to ensure that everyone is free from hunger and as soon as possible can enjoy the right to adequate food. This will require the adoption of a national strategy to ensure food and nutrition security for all, based on human rights principles that define the objectives, and the formulation of policies and corresponding benchmarks. It should also identify the resources available to meet the objectives and the most cost-effective way of using them.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0022","docId":"e-c-12-1999-5","idx":22,"n":22,"text":"The strategy should be based on a systematic identification of policy measures and activities relevant to the situation and context, as derived from the normative content of the right to adequate food and spelled out in relation to the levels and nature of State parties' obligations referred to in paragraph 15 of the present general comment. This will facilitate coordination between ministries and regional and local authorities and ensure that related policies and administrative decisions are in compliance with the obligations under article 11 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-1999-5-0023","docId":"e-c-12-1999-5","idx":23,"n":23,"text":"The formulation and implementation of national strategies for the right to food requires full compliance with the principles of accountability, transparency, people's participation, decentralization, legislative capacity and the independence of the judiciary. Good governance is essential to the realization of all human rights, including the elimination of poverty and ensuring a satisfactory livelihood for all.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0024","docId":"e-c-12-1999-5","idx":24,"n":24,"text":"Appropriate institutional mechanisms should be devised to secure a representative process towards the formulation of a strategy, drawing on all available domestic expertise relevant to food and nutrition. The strategy should set out the responsibilities and time-frame for the implementation of the necessary measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0025","docId":"e-c-12-1999-5","idx":25,"n":25,"text":"The strategy should address critical issues and measures in regard to all aspects of the food system, including the production, processing, distribution, marketing and consumption of safe food, as well as parallel measures in the fields of health, education, employment and social security. Care should be taken to ensure the most sustainable management and use of natural and other resources for food at the national, regional, local and household levels.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0026","docId":"e-c-12-1999-5","idx":26,"n":26,"text":"The strategy should give particular attention to the need to prevent discrimination in access to food or resources for food. This should include: guarantees of full and equal access to economic resources, particularly for women, including the right to inheritance and the ownership of land and other property, credit, natural resources and appropriate technology; measures to respect and protect self-employment and work which provides a remuneration ensuring a decent living for wage earners and their families (as stipulated in article 7 (a) (ii) of the Covenant); maintaining registries on rights in land (including forests).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-1999-5-0027","docId":"e-c-12-1999-5","idx":27,"n":27,"text":"As part of their obligations to protect people's resource base for food, States parties should take appropriate steps to ensure that activities of the private business sector and civil society are in conformity with the right to food.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0028","docId":"e-c-12-1999-5","idx":28,"n":28,"text":"Even where a State faces severe resource constraints, whether caused by a process of economic adjustment, economic recession, climatic conditions or other factors, measures should be undertaken to ensure that the right to adequate food is especially fulfilled for vulnerable population groups and individuals.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Implementation at the national level"]},{"id":"e-c-12-1999-5-0029","docId":"e-c-12-1999-5","idx":29,"n":29,"text":"In implementing the country-specific strategies referred to above, States should set verifiable benchmarks for subsequent national and international monitoring. In this connection, States should consider the adoption of a framework law as a major instrument in the implementation of the national strategy concerning the right to food. The framework law should include provisions on its purpose; the targets or goals to be achieved and the time-frame to be set for the achievement of those targets; the means by which the purpose could be achieved described in broad terms, in particular the intended collaboration with civil society and the private sector and with international organizations; institutional responsibility for the process; and the national mechanisms for its monitoring, as well as possible recourse procedures. In developing the benchmarks and framework legislation, States parties should actively involve civil society organizations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Benchmarks and framework legislation"]},{"id":"e-c-12-1999-5-0030","docId":"e-c-12-1999-5","idx":30,"n":30,"text":"Appropriate United Nations programmes and agencies should assist, upon request, in drafting the framework legislation and in reviewing the sectoral legislation. FAO, for example, has considerable expertise and accumulated knowledge concerning legislation in the field of food and agriculture. The United Nations Children's Fund (UNICEF) has equivalent expertise concerning legislation with regard to the right to adequate food for infants and young children through maternal and child protection including legislation to enable breast-feeding, and with regard to the regulation of marketing of breast milk substitutes.","labels":["Children","Children in alternative care"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Benchmarks and framework legislation"]},{"id":"e-c-12-1999-5-0031","docId":"e-c-12-1999-5","idx":31,"n":31,"text":"States parties shall develop and maintain mechanisms to monitor progress towards the realization of the right to adequate food for all, to identify the factors and difficulties affecting the degree of implementation of their obligations, and to facilitate the adoption of corrective legislation and administrative measures, including measures to implement their obligations under articles 2.1 and 23 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Monitoring"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-1999-5-0032","docId":"e-c-12-1999-5","idx":32,"n":32,"text":"Any person or group who is a victim of a violation of the right to adequate food should have access to effective judicial or other appropriate remedies at both national and international levels. All victims of such violations are entitled to adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition. National Ombudsmen and human rights commissions should address violations of the right to food.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Remedies and accountability"]},{"id":"e-c-12-1999-5-0033","docId":"e-c-12-1999-5","idx":33,"n":33,"text":"The incorporation in the domestic legal order of international instruments recognizing the right to food, or recognition of their applicability, can significantly enhance the scope and effectiveness of remedial measures and should be encouraged in all cases. Courts would then be empowered to adjudicate violations of the core content of the right to food by direct reference to obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Remedies and accountability"]},{"id":"e-c-12-1999-5-0034","docId":"e-c-12-1999-5","idx":34,"n":34,"text":"Judges and other members of the legal profession are invited to pay greater attention to violations of the right to food in the exercise of their functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Remedies and accountability"]},{"id":"e-c-12-1999-5-0035","docId":"e-c-12-1999-5","idx":35,"n":35,"text":"States parties should respect and protect the work of human rights advocates and other members of civil society who assist vulnerable groups in the realization of their right to adequate food.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["Remedies and accountability"]},{"id":"e-c-12-1999-5-0036","docId":"e-c-12-1999-5","idx":36,"n":36,"text":"In the spirit of article 56 of the Charter of the United Nations, the specific provisions contained in articles 11, 2.1, and 23 of the Covenant and the Rome Declaration of the World Food Summit, States parties should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to adequate food. In implementing this commitment, States parties should take steps to respect the enjoyment of the right to food in other countries, to protect that right, to facilitate access to food and to provide the necessary aid when required. States parties should, in international agreements whenever relevant, ensure that the right to adequate food is given due attention and consider the development of further international legal instruments to that end.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["States parties"],"citedArticles":[{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Explicitly 'article 56 of the Charter of the United Nations'; UN Charter is non-treaty."},{"article":"11","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'articles 11, 2.1, and 23 of the Covenant' in CESCR GC12 on right to adequate food; ICESCR art.11 is the right to an adequate standard of living."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Same enumeration 'articles 11, 2.1, and 23 of the Covenant'; ICESCR art.2 on State party obligations."}]},{"id":"e-c-12-1999-5-0037","docId":"e-c-12-1999-5","idx":37,"n":37,"text":"States parties should refrain at all times from food embargoes or similar measures which endanger conditions for food production and access to food in other countries. Food should never be used as an instrument of political and economic pressure. In this regard, the Committee recalls its position, stated in its General Comment No. 8, on the relationship between economic sanctions and respect for economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["States parties"]},{"id":"e-c-12-1999-5-0038","docId":"e-c-12-1999-5","idx":38,"n":38,"text":"States have a joint and individual responsibility, in accordance with the Charter of the United Nations, to cooperate in providing disaster relief and humanitarian assistance in times of emergency, including assistance to refugees and internally displaced persons. Each State should contribute to this task in accordance with its ability. The role of the World Food Programme (WFP) and the Office of the United Nations High Commissioner for Refugees (UNHCR), and increasingly that of UNICEF and FAO is of particular importance in this respect and should be strengthened. Priority in food aid should be given to the most vulnerable populations.","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["States and international organizations"]},{"id":"e-c-12-1999-5-0039","docId":"e-c-12-1999-5","idx":39,"n":39,"text":"Food aid should, as far as possible, be provided in ways which do not adversely affect local producers and local markets, and should be organized in ways that facilitate the return to food self-reliance of the beneficiaries. Such aid should be based on the needs of the intended beneficiaries. Products included in international food trade or aid programmes must be safe and culturally acceptable to the recipient population.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["States and international organizations"]},{"id":"e-c-12-1999-5-0040","docId":"e-c-12-1999-5","idx":40,"n":40,"text":"The role of the United Nations agencies, including through the United Nations Development Assistance Framework (UNDAF) at the country level, in promoting the realization of the right to food is of special importance. Coordinated efforts for the realization of the right to food should be maintained to enhance coherence and interaction among all the actors concerned, including the various components of civil society. The food organizations, FAO, WFP and the International Fund for Agricultural Development (IFAD) in conjunction with the United Nations Development Programme (UNDP), UNICEF, the World Bank and the regional development banks, should cooperate more effectively, building on their respective expertise, on the implementation of the right to food at the national level, with due respect to their individual mandates.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["The United Nations and other international organizations"]},{"id":"e-c-12-1999-5-0041","docId":"e-c-12-1999-5","idx":41,"n":41,"text":"The international financial institutions, notably the International Monetary Fund (IMF) and the World Bank, should pay greater attention to the protection of the right to food in their lending policies and credit agreements and in international measures to deal with the debt crisis. Care should be taken, in line with the Committee's General Comment No. 2, paragraph 9, in any structural adjustment programme to ensure that the right to food is protected.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["The United Nations and other international organizations"]},{"id":"e-c-12-1999-10-0001","docId":"e-c-12-1999-10","idx":1,"n":1,"text":"Education is both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education is the primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities. Education has a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth. Increasingly, education is recognized as one of the best financial investments States can make. But the importance of education is not just practical: a well-educated, enlightened and active mind, able to wander freely and widely, is one of the joys and rewards of human existence.","labels":["Children","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999},{"id":"e-c-12-1999-10-0002","docId":"e-c-12-1999-10","idx":2,"n":2,"text":"The International Covenant on Economic, Social and Cultural Rights (ICESCR) devotes two articles to the right to education, articles 13 and 14. Article 13, the longest provision in the Covenant, is the most wide-ranging and comprehensive article on the right to education in international human rights law. The Committee has already adopted General Comment 11 on article 14 (plans of action for primary education); General Comment 11 and the present general comment are complementary and should be considered together. The Committee is aware that for millions of people throughout the world, the enjoyment of the right to education remains a distant goal. Moreover, in many cases, this goal is becoming increasingly remote. The Committee is also conscious of the formidable structural and other obstacles impeding the full implementation of article 13 in many States parties. E/C.12/1999/10 page 2","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0003","docId":"e-c-12-1999-10","idx":3,"n":3,"text":"With a view to assisting States parties’ implementation of the Covenant and the fulfilment of their reporting obligations, this general comment focuses on the normative content of article 13 (Part I, paras. 4-42), some of the obligations arising from it (Part II, paras. 43-57), and some illustrative violations (Part II, paras. 58-59). Part III briefly remarks upon the obligations of actors other than States parties. The general comment is based upon the Committee’s experience in examining States parties, reports over many years.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0004","docId":"e-c-12-1999-10","idx":4,"n":4,"text":"States parties agree that all education, whether public or private, formal or non-formal, shall be directed towards the aims and objectives identified in article 13 (1). The Committee notes that these educational objectives reflect the fundamental purposes and principles of the United Nations as enshrined in Articles 1 and 2 of the Charter. For the most part, they are also found in article 26 (2) of the Universal Declaration of Human Rights, although article 13 (1) adds to the Declaration in three respects: education shall be directed to the human personality’s “sense of dignity”, it shall “enable all persons to participate effectively in a free society”, and it shall promote understanding among all “ethnic” groups, as well as nations and racial and religious groups. Of those educational objectives which are common to article 26 (2) of the Universal Declaration of Human Rights and article 13 (1) of the Covenant, perhaps the most fundamental is that “education shall be directed to the full development of the human personality”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (1):  Aims and objectives of education"],"citedArticles":[{"article":"13","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 13 (1)' in CESCR GC13 on the right to education; ICESCR art.13 confirmed."},{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly reads 'Articles 1 and 2 of the Charter' meaning UN Charter."},{"article":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Same 'Articles 1 and 2 of the Charter' (UN Charter), non-treaty."},{"article":"26","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"'article 26 (2) of the Universal Declaration of Human Rights' on educational aims; UDHR is non-treaty."},{"article":"13","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Second reference to 'article 13 (1) of the Covenant'; ICESCR."},{"article":"26","paragraph":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Second reference to 'article 26 (2) of the Universal Declaration of Human Rights'; UDHR is non-treaty."},{"article":"13","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Third reference to 'article 13 (1) of the Covenant' on full development of human personality; ICESCR."}]},{"id":"e-c-12-1999-10-0005","docId":"e-c-12-1999-10","idx":5,"n":5,"text":"The Committee notes that since the General Assembly adopted the Covenant in 1966, other international instruments have further elaborated the objectives to which education should be directed. Accordingly, the Committee takes the view that States parties are required to ensure that education conforms to the aims and objectives identified in article 13 (1), as interpreted in the light of the World Declaration on Education for All (Jomtien, Thailand, 1990) (art. 1), the Convention on the Rights of the Child (art. 29 (1)), the Vienna Declaration and Programme of Action (Part I, para. 33 and Part II, para. 80), and the Plan of Action for the United Nations Decade for Human Rights Education (para. 2). While all these texts closely correspond to article 13 (1) of the Covenant, they also include elements which are not expressly provided for in article 13 (1), such as specific references to gender equality and respect for the environment. These new elements are implicit in, and reflect a contemporary interpretation of article 13 (1). The Committee obtains support for this point of view from the widespread endorsement that the previously mentioned texts have received from all regions of the world.[[fn:1]]","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":1,"text":"The World Declaration on Education for All was adopted by 155 governmental delegations;the Vienna Declaration and Programme of Action was adopted by 171 governmentaldelegations; the Convention on the Rights of the Child has been ratified or acceded to by191 States parties; the Plan of Action of the United Nations Decade for Human Rights Educationwas adopted by a consensus resolution of the General Assembly (49/184)."}],"section":["1.  Normative content of article 13","Article 13 (1):  Aims and objectives of education"],"citedArticles":[{"treaty":"CRC","article":"13","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"1","source":"regex"},{"treaty":"CRC","article":"29","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"13","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"13","paragraph":"1","source":"regex"},{"treaty":"CRC","article":"13","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0006","docId":"e-c-12-1999-10","idx":6,"n":6,"text":"6. While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":2,"text":"This approach corresponds with the Committee's analytical framework adopted inrelation to the rights to adequate housing and food, as well as the work of the United NationsSpecial Rapporteur on the right to education. In its General Comment 4, the Committeeidentified a number of factors which bear upon the right to adequate housing, including“availability”, “affordability”, “accessibility” and “cultural adequacy”. In its GeneralComment 12, the Committee identified elements of the right to adequate food, such as“availability”, “acceptability” and “accessibility”. In her preliminary report to the Commissionon Human Rights, the Special Rapporteur on the right to education sets out “four essentialfeatures that primary schools should exhibit, namely availability, accessibility, acceptability andadaptability”, (E/CN.4/1999/49, para. 50)."}],"section":["1.  Normative content of article 13","Article 13 (2):  The right to receive an education - some general remarks"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0007","docId":"e-c-12-1999-10","idx":7,"n":7,"text":"When considering the appropriate application of these “interrelated and essential features” the best interests of the student shall be a primary consideration.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2):  The right to receive an education - some general remarks"]},{"id":"e-c-12-1999-10-0008","docId":"e-c-12-1999-10","idx":8,"n":8,"text":"Primary education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels.[[fn:3]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":3,"text":"See para. 6.","isSelfRef":true,"referencesPara":6,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 6"}],"section":["1.  Normative content of article 13","Article 13 (2) (a):  The right to primary education"]},{"id":"e-c-12-1999-10-0009","docId":"e-c-12-1999-10","idx":9,"n":9,"text":"The Committee obtains guidance on the proper interpretation of the term “primary education” from the World Declaration on Education for All which states: “The main delivery system for the basic education of children outside the family is primary schooling. Primary education must be universal, ensure that the basic learning needs of all children are satisfied, and E/C.12/1999/10 page 4 take into account the culture, needs and opportunities of the community” (art. 5). “[B]asic learning needs” are defined in article 1 of the World Declaration.[[fn:4]] While primary education is not synonymous with basic education, there is a close correspondence between the two. In this regard, the Committee endorses the position taken by UNICEF: “Primary education is the most important component of basic education.”[[fn:5]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":4,"text":"The Declaration defines “basic learning needs” as: “essential learning tools (such as literacy,oral expression, numeracy, and problem solving) and the basic learning content (such asknowledge, skills, values, and attitudes) required by human beings to be able to survive, todevelop their full capacities, to live and work in dignity, to participate fully in development, toimprove the quality of their lives, to make informed decisions, and to continue learning” (art. 1)."},{"n":5,"text":"Advocacy Kit, Basic Education 1999 (UNICEF), section 1, page 1."}],"section":["1.  Normative content of article 13","Article 13 (2) (a):  The right to primary education"],"citedArticles":[{"treaty":"ICESCR","article":"5","source":"regex"},{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0010","docId":"e-c-12-1999-10","idx":10,"n":10,"text":"As formulated in article 13 (2) (a), primary education has two distinctive features: it is “compulsory” and “available free to all”. For the Committee's observations on both terms, see paragraphs 6 and 7 of General Comment 11 on article 14 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (a):  The right to primary education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-10-0011","docId":"e-c-12-1999-10","idx":11,"n":11,"text":"Secondary education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels.[[fn:6]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":6,"text":"See para. 6.","isSelfRef":true,"referencesPara":6,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 6"}],"section":["1.  Normative content of article 13","Article 13 (2) (b):  The right to secondary education"]},{"id":"e-c-12-1999-10-0012","docId":"e-c-12-1999-10","idx":12,"n":12,"text":"While the content of secondary education will vary among States parties and over time, it includes completion of basic education and consolidation of the foundations for life-long learning and human development. It prepares students for vocational and higher educational opportunities.[[fn:7]] Article 13 (2) (b) applies to secondary education “in its different forms”, thereby recognizing that secondary education demands flexible curricula and varied delivery systems to respond to the needs of students in different social and cultural settings. The Committee encourages “alternative” educational programmes which parallel regular secondary school systems.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":7,"text":"See International Standard Classification of Education 1997, UNESCO, para. 52."}],"section":["1.  Normative content of article 13","Article 13 (2) (b):  The right to secondary education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0013","docId":"e-c-12-1999-10","idx":13,"n":13,"text":"According to article 13 (2) (b), secondary education “shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education”. The phrase “generally available” signifies, firstly, that secondary education is not dependent on a student's apparent capacity or ability and, secondly, that secondary education will be distributed throughout the State in such a way that it is available on the same basis to all. For the Committee's interpretation of “accessible”, see paragraph 6 above. The phrase “every appropriate means” reinforces the point that States parties should adopt varied and innovative approaches to the delivery of secondary education in different social and cultural contexts.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (b):  The right to secondary education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0014","docId":"e-c-12-1999-10","idx":14,"n":14,"text":"14. “[P]rogressive introduction of free education” means that while States must prioritize the provision of free primary education, they also have an obligation to take concrete steps towards achieving free secondary and higher education. For the Committee’s general observations on the meaning of the word “free”, see paragraph 7 of General Comment 11 on article 14.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (b):  The right to secondary education"],"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-10-0015","docId":"e-c-12-1999-10","idx":15,"n":15,"text":"15. Technical and vocational education (TVE) forms part of both the right to education and the right to work (art. 6 (2)). Article 13 (2) (b) presents TVE as part of secondary education, reflecting the particular importance of TVE at this level of education. Article 6 (2), however, does not refer to TVE in relation to a specific level of education; it comprehends that TVE has a wider role, helping “to achieve steady economic, social and cultural development and full and productive employment”. Also, the Universal Declaration of Human Rights states that","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":8,"text":"A view also reflected in the Human Resources Development Convention 1975(Convention No. 142) and the Social Policy (Basic Aims and Standards) Convention 1962(Convention No. 117) of the International Labour Organization."}],"section":["1.  Normative content of article 13","Technical and vocational education"],"citedArticles":[{"article":"6","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'art. 6 (2)' on TVE and right to work in CESCR GC13; ICESCR art.6 is right to work."},{"article":"13","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'Article 13 (2) (b)' presents TVE in secondary education; ICESCR art.13."},{"article":"6","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Second 'Article 6 (2)' reference, same Covenant context; ICESCR."},{"article":"26","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Explicitly 'the Universal Declaration of Human Rights states... (art. 26 (1))'; UDHR is non-treaty."}]},{"id":"e-c-12-1999-10-0016","docId":"e-c-12-1999-10","idx":16,"n":16,"text":"16. An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of “all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life” (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:","labels":["Migrants","Children","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":9,"text":"See note 8.","isCrossRef":true,"referencesNote":8,"resolvedText":"A view also reflected in the Human Resources Development Convention 1975(Convention No. 142) and the Social Policy (Basic Aims and Standards) Convention 1962(Convention No. 117) of the International Labour Organization."}],"section":["1.  Normative content of article 13","Technical and vocational education"],"citedArticles":[{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0017","docId":"e-c-12-1999-10","idx":17,"n":17,"text":"Higher education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms at all levels.[[fn:10]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":10,"text":"See para. 6.","isSelfRef":true,"referencesPara":6,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 6"}],"section":["1.  Normative content of article 13","Article 13 (2) (c):  The right to higher education"]},{"id":"e-c-12-1999-10-0018","docId":"e-c-12-1999-10","idx":18,"n":18,"text":"18. While article 13 (2) (c) is formulated on the same lines as article 13 (2) (b), there are three differences between the two provisions. Article 13 (2) (c) does not include a reference to either education “in its different forms” or specifically to TVE. In the Committee’s opinion, these two omissions reflect only a difference of emphasis between article 13 (2) (b) and (c). If higher education is to respond to the needs of students in different social and cultural settings, it must have flexible curricula and varied delivery systems, such as distance learning; in practice, therefore, both secondary and higher education have to be available “in different forms”. As for","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":11,"text":"See para. 15.","isSelfRef":true,"referencesPara":15,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 15"}],"section":["1.  Normative content of article 13","Article 13 (2) (c):  The right to higher education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"6","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"26","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0019","docId":"e-c-12-1999-10","idx":19,"n":19,"text":"The third and most significant difference between article 13 (2) (b) and (c) is that while secondary education “shall be made generally available and accessible to all”, higher education “shall be made equally accessible to all, on the basis of capacity”. According to article 13 (2) (c), higher education is not to be “generally available”, but only available “on the basis of capacity”. The “capacity” of individuals should be assessed by reference to all their relevant expertise and experience.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (c):  The right to higher education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0020","docId":"e-c-12-1999-10","idx":20,"n":20,"text":"So far as the wording of article 13 (2) (b) and (c) is the same (e.g. “the progressive introduction of free education”), see the previous comments on article 13 (2) (b).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (c):  The right to higher education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0021","docId":"e-c-12-1999-10","idx":21,"n":21,"text":"Fundamental education includes the elements of availability, accessibility, acceptability and adaptability which are common to education in all its forms and at all levels.[[fn:12]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":12,"text":"See para. 6.","isSelfRef":true,"referencesPara":6,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 6"}],"section":["1.  Normative content of article 13","Article 13 (2) (d):  The right to fundamental education"]},{"id":"e-c-12-1999-10-0022","docId":"e-c-12-1999-10","idx":22,"n":22,"text":"In general terms, fundamental education corresponds to basic education as set out in the World Declaration on Education For All.[[fn:13]] By virtue of article 13 (2) (d), individuals “who have not received or completed the whole period of their primary education” have a right to fundamental education, or basic education as defined in the World Declaration on Education For All.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":13,"text":"See para. 9.","isSelfRef":true,"referencesPara":9,"resolvedText":"General Comment No. 13 (Twenty-first session, 1999), The right to education (article 13 of the Covenant), (E/C.12/1999/10), paragraph 9"}],"section":["1.  Normative content of article 13","Article 13 (2) (d):  The right to fundamental education"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0023","docId":"e-c-12-1999-10","idx":23,"n":23,"text":"Since everyone has the right to the satisfaction of their “basic learning needs” as understood by the World Declaration, the right to fundamental education is not confined to those “who have not received or completed the whole period of their primary education”. The right to fundamental education extends to all those who have not yet satisfied their “basic learning needs”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (d):  The right to fundamental education"]},{"id":"e-c-12-1999-10-0024","docId":"e-c-12-1999-10","idx":24,"n":24,"text":"It should be emphasized that enjoyment of the right to fundamental education is not limited by age or gender; it extends to children, youth and adults, including older persons. Fundamental education, therefore, is an integral component of adult education and life-long learning. Because fundamental education is a right of all age groups, curricula and delivery systems must be devised which are suitable for students of all ages.","labels":["Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (2) (d):  The right to fundamental education"]},{"id":"e-c-12-1999-10-0025","docId":"e-c-12-1999-10","idx":25,"n":25,"text":"The requirement that the “development of a system of schools at all levels shall be actively pursued” means that a State party is obliged to have an overall developmental strategy for its school system. The strategy must encompass schooling at all levels, but the Covenant requires States parties to prioritize primary education (see para. 51). “[A]ctively pursued” suggests that the overall strategy should attract a degree of governmental priority and, in any event, must be implemented with vigour. E/C.12/1999/10 page 7","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","material conditions of teaching staff"]},{"id":"e-c-12-1999-10-0026","docId":"e-c-12-1999-10","idx":26,"n":26,"text":"The requirement that “an adequate fellowship system shall be established” should be read with the Covenant’s non-discrimination and equality provisions; the fellowship system should enhance equality of educational access for individuals from disadvantaged groups.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","material conditions of teaching staff"]},{"id":"e-c-12-1999-10-0027","docId":"e-c-12-1999-10","idx":27,"n":27,"text":"27. While the Covenant requires that “the material conditions of teaching staff shall be continuously improved”, in practice the general working conditions of teachers have deteriorated, and reached unacceptably low levels, in many States parties in recent years. Not only is this inconsistent with article 13 (2) (e), but it is also a major obstacle to the full realization of students’ right to education. The Committee also notes the relationship between articles 13 (2) (e), 2 (2), 3 and 6-8 of the Covenant, including the right of teachers to organize and bargain collectively; draws the attention of States parties to the joint UNESCO-ILO Recommendation Concerning the Status of Teachers (1966) and the UNESCO Recommendation Concerning the Status of Higher-Education Teaching Personnel (1997); and urges States parties to report on measures they are taking to ensure that all teaching staff enjoy the conditions and status commensurate with their role.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","material conditions of teaching staff"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0028","docId":"e-c-12-1999-10","idx":28,"n":28,"text":"Article 13 (3) has two elements, one of which is that States parties undertake to respect the liberty of parents and guardians to ensure the religious and moral education of their children in conformity with their own convictions.[[fn:14]] The Committee is of the view that this element of article 13 (3) permits public school instruction in subjects such as the general history of religions and ethics if it is given in an unbiased and objective way, respectful of the freedoms of opinion, conscience and expression. It notes that public education that includes instruction in a particular religion or belief is inconsistent with article 13 (3) unless provision is made for non-discriminatory exemptions or alternatives that would accommodate the wishes of parents and guardians.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":14,"text":"This replicates article 18 (4) of the International Covenant on Civil and Political Rights(ICCPR) and also relates to the freedom to teach a religion or belief as stated in article 18 (1)ICCPR. (See Human Rights Committee General Comment 22 on article 18 ICCPR,forty-eighth session, 1993.) The Human Rights Committee notes that the fundamental characterof article 18 ICCPR is reflected in the fact that this provision cannot be derogated from, even intime of public emergency, as stated in article 4 (2) of that Covenant."}],"section":["1.  Normative content of article 13","Article 13 (3) and (4):  The right to educational freedom"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0029","docId":"e-c-12-1999-10","idx":29,"n":29,"text":"The second element of article 13 (3) is the liberty of parents and guardians to choose other than public schools for their children, provided the schools conform to “such minimum educational standards as may be laid down or approved by the State”. This has to be read with the complementary provision, article 13 (4), which affirms “the liberty of individuals and bodies to establish and direct educational institutions”, provided the institutions conform to the educational objectives set out in article 13 (1) and certain minimum standards. These minimum standards may relate to issues such as admission, curricula and the recognition of certificates. In their turn, these standards must be consistent with the educational objectives set out in article 13 (1).","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (3) and (4):  The right to educational freedom"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"4","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0030","docId":"e-c-12-1999-10","idx":30,"n":30,"text":"30. Under article 13 (4), everyone, including nonnationals, has the liberty to establish and direct educational institutions. The liberty also extends to “bodies”, i.e. legal persons or entities. It includes the right to establish and direct all types of educational institutions, including nurseries, universities and institutions for adult education. Given the principles of nondiscrimination, equal opportunity and effective participation in society for all, the State has an obligation to ensure that the liberty set out in article 13 (4) does not lead to extreme disparities of educational opportunity for some groups in society.","labels":["Non-citizens and stateless"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Article 13 (3) and (4):  The right to educational freedom"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"4","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"4","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0031","docId":"e-c-12-1999-10","idx":31,"n":31,"text":"The prohibition against discrimination enshrined in article 2 (2) of the Covenant is subject to neither progressive realization nor the availability of resources; it applies fully and immediately to all aspects of education and encompasses all internationally prohibited grounds of discrimination. The Committee interprets articles 2 (2) and 3 in the light of the UNESCO Convention against Discrimination in Education, the relevant provisions of the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child and the ILO Indigenous and Tribal Peoples Convention, 1989 (Convention No. 169), and wishes to draw particular attention to the following issues.","labels":["Indigenous peoples","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"],"citedArticles":[{"article":"2","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'article 2 (2) of the Covenant' — home_treaty=ICESCR; 'the Covenant' is ICESCR."},{"article":"2","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Second reference: 'articles 2 (2) and 3' — again ICESCR in this CESCR document."},{"article":"3","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'articles 2 (2) and 3' together — home_treaty=ICESCR; ICESCR art. 3 is equal rights of men and women."}]},{"id":"e-c-12-1999-10-0032","docId":"e-c-12-1999-10","idx":32,"n":32,"text":"The adoption of temporary special measures intended to bring about de facto equality for men and women and for disadvantaged groups is not a violation of the right to non-discrimination with regard to education, so long as such measures do not lead to the maintenance of unequal or separate standards for different groups, and provided they are not continued after the objectives for which they were taken have been achieved.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"]},{"id":"e-c-12-1999-10-0033","docId":"e-c-12-1999-10","idx":33,"n":33,"text":"In some circumstances, separate educational systems or institutions for groups defined by the categories in article 2 (2) shall be deemed not to constitute a breach of the Covenant. In this regard, the Committee affirms article 2 of the UNESCO Convention against Discrimination in Education (1960).[[fn:15]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":15,"text":"According to article 2:“When permitted in a State, the following situations shall not be deemed to constitutediscrimination, within the meaning of article 1 of this Convention:(a)The establishment or maintenance of separate educational systems orinstitutions for pupils of the two sexes, if these systems or institutions offer equivalentaccess to education, provide a teaching staff with qualifications of the same standard aswell as school premises and equipment of the same quality, and afford the opportunity totake the same or equivalent courses of study;(b)The establishment or maintenance, for religious or linguistic reasons, ofseparate educational systems or institutions offering an education which is in keepingwith the wishes of the pupil’s parents or legal guardians, if participation in such systemsor attendance at such institutions is optional and if the education provided conforms tosuch standards as may be laid down or approved by the competent authorities, inparticular for education of the same level;(c)The establishment or maintenance of private educational institutions, if theobject of the institutions is not to secure the exclusion of any group but to provideeducational facilities in addition to those provided by the public authorities, if theinstitutions are conducted in accordance with that object, and if the education providedconforms with such standards as may be laid down or approved by the competentauthorities, in particular for education of the same level.”"}],"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0034","docId":"e-c-12-1999-10","idx":34,"n":34,"text":"The Committee takes note of article 2 of the Convention on the Rights of the Child and article 3 (e) of the UNESCO Convention against Discrimination in Education and confirms that the principle of non-discrimination extends to all persons of school age residing in the territory of a State party, including non-nationals, and irrespective of their legal status.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"CRC","article":"2","source":"regex"},{"treaty":"CRC","article":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0035","docId":"e-c-12-1999-10","idx":35,"n":35,"text":"Sharp disparities in spending policies that result in differing qualities of education for persons residing in different geographic locations may constitute discrimination under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"]},{"id":"e-c-12-1999-10-0036","docId":"e-c-12-1999-10","idx":36,"n":36,"text":"The Committee affirms paragraph 35 of its General Comment 5, which addresses the issue of persons with disabilities in the context of the right to education, and paragraphs 36-42 of its General Comment 6, which address the issue of older persons in relation to articles 13-15 of the Covenant.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0037","docId":"e-c-12-1999-10","idx":37,"n":37,"text":"37. States parties must closely monitor education including all relevant policies, institutions, programmes, spending patterns and other practices so as to identify and take measures to redress any de facto discrimination. Educational data should be disaggregated by the prohibited grounds of discrimination.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":16,"text":"See UNESCO Recommendation Concerning the Status of Higher-Education TeachingPersonnel (1997)."}],"section":["1.  Normative content of article 13","Non-discrimination and equal treatment"]},{"id":"e-c-12-1999-10-0038","docId":"e-c-12-1999-10","idx":38,"n":38,"text":"In the light of its examination of numerous States parties’ reports, the Committee has formed the view that the right to education can only be enjoyed if accompanied by the academic freedom of staff and students. Accordingly, even though the issue is not explicitly mentioned in article 13, it is appropriate and necessary for the Committee to make some observations about academic freedom. The following remarks give particular attention to institutions of higher education because, in the Committee’s experience, staff and students in higher education are especially vulnerable to political and other pressures which undermine academic freedom. The Committee wishes to emphasize, however, that staff and students throughout the education sector are entitled to academic freedom and many of the following observations have general application.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Academic freedom and institutional autonomy 16"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0039","docId":"e-c-12-1999-10","idx":39,"n":39,"text":"Members of the academic community, individually or collectively, are free to pursue, develop and transmit knowledge and ideas, through research, teaching, study, discussion, documentation, production, creation or writing. Academic freedom includes the liberty of individuals to express freely opinions about the institution or system in which they work, to fulfil their functions without discrimination or fear of repression by the State or any other actor, to participate in professsional or representative academic bodies, and to enjoy all the internationally recognized human rights applicable to other individuals in the same jurisdiction. The enjoyment of academic freedom carries with it obligations, such as the duty to respect the academic freedom of others, to ensure the fair discussion of contrary views, and to treat all without discrimination on any of the prohibited grounds.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Academic freedom and institutional autonomy 16"]},{"id":"e-c-12-1999-10-0040","docId":"e-c-12-1999-10","idx":40,"n":40,"text":"The enjoyment of academic freedom requires the autonomy of institutions of higher education. Autonomy is that degree of self-governance necessary for effective decision-making by institutions of higher education in relation to their academic work, standards, management and related activities. Self-governance, however, must be consistent with systems of public accountability, especially in respect of funding provided by the State. Given the substantial public investments made in higher education, an appropriate balance has to be struck between institutional autonomy and accountability. While there is no single model, institutional arrangements should be fair, just and equitable, and as transparent and participatory as possible. Discipline in schools[[fn:17]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":17,"text":"In formulating this paragraph, the Committee has taken note of the practice evolvingelsewhere in the international human rights system, such as the interpretation given by theCommittee on the Rights of the Child to article 28 (2) of the Convention on the Rights of theChild, as well as the Human Rights Committee’s interpretation of article 7 of ICCPR."}],"section":["1.  Normative content of article 13","Academic freedom and institutional autonomy 16"]},{"id":"e-c-12-1999-10-0041","docId":"e-c-12-1999-10","idx":41,"n":41,"text":"41. In the Committee’s view, corporal punishment is inconsistent with the fundamental guiding principle of international human rights law enshrined in the Preambles to the Universal Declaration of Human Rights and both Covenants: the dignity of the individual. Other aspects of school discipline may also be inconsistent with human dignity, such as public humiliation. Nor should any form of discipline breach other rights under the Covenant, such as the right to food. A State party is required to take measures to ensure that discipline which is inconsistent with the Covenant does not occur in any public or private educational institution within its jurisdiction. The Committee welcomes initiatives taken by some States parties which actively encourage schools to introduce “positive”, nonviolent approaches to school discipline.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":18,"text":"The Committee notes that, although it is absent from article 26 (2) of the Declaration, thedrafters of ICESCR expressly included the dignity of the human personality as one of themandatory objectives to which all education is to be directed (art. 13 (1))."}],"section":["1.  Normative content of article 13","Discipline in schools 17"],"citedArticles":[{"article":"13","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text references 'any form of discipline breach other rights under the Covenant, such as the right to food' and 'article 13' in the limitations heading context; ICESCR article 13 on education."}]},{"id":"e-c-12-1999-10-0042","docId":"e-c-12-1999-10","idx":42,"n":42,"text":"The Committee wishes to emphasize that the Covenant's limitations clause, article 4, is primarily intended to be protective of the rights of individuals rather than permissive of the imposition of limitations by the State. Consequently, a State party which closes a university or other educational institution on grounds such as national security or the preservation of public order has the burden of justifying such a serious measure in relation to each of the elements identified in article 4. General legal obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["1.  Normative content of article 13","Limitations on article 13"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-1999-10-0043","docId":"e-c-12-1999-10","idx":43,"n":43,"text":"While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect.[[fn:19]] States parties have immediate obligations in relation to the right to education, such as the “guarantee” that the right “will be exercised without discrimination of any kind” (art.2 (2)) and the obligation “to take steps” (art. 2 (1)) towards the full realization of article 13.[[fn:20]] Such steps must be “deliberate, concrete and targeted” towards the full realization of the right to education.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":19,"text":"See the Committee’s General Comment 3, para. 1."},{"n":20,"text":"See the Committee’s General Comment 3, para. 2."}],"section":["2.  States parties’ obligations and violations","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0044","docId":"e-c-12-1999-10","idx":44,"n":44,"text":"The realization of the right to education over time, that is “progressively”, should not be interpreted as depriving States parties’ obligations of all meaningful content. Progressive realization means that States parties have a specific and continuing obligation “to move as expeditiously and effectively as possible” towards the full realization of article 13.[[fn:21]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":21,"text":"See the Committee’s General Comment 3, para. 9."}],"section":["2.  States parties’ obligations and violations","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0045","docId":"e-c-12-1999-10","idx":45,"n":45,"text":"There is a strong presumption of impermissibility of any retrogressive measures taken in relation to the right to education, as well as other rights enunciated in the Covenant. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the State party’s maximum available resources.[[fn:22]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":22,"text":"See the Committee’s General Comment 3, para. 9."}],"section":["2.  States parties’ obligations and violations","General legal obligations"]},{"id":"e-c-12-1999-10-0046","docId":"e-c-12-1999-10","idx":46,"n":46,"text":"The right to education, like all human rights, imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","General legal obligations"]},{"id":"e-c-12-1999-10-0047","docId":"e-c-12-1999-10","idx":47,"n":47,"text":"The obligation to respect requires States parties to avoid measures that hinder or prevent the enjoyment of the right to education. The obligation to protect requires States parties to take measures that prevent third parties from interfering with the enjoyment of the right to education. The obligation to fulfil (facilitate) requires States to take positive measures that enable and assist individuals and communities to enjoy the right to education. Finally, States parties have an obligation to fulfil (provide) the right to education. As a general rule, States parties are obliged to fulfil (provide) a specific right in the Covenant when an individual or group is unable, for reasons beyond their control, to realize the right themselves by the means at their disposal. However, the extent of this obligation is always subject to the text of the Covenant. E/C.12/1999/10 page 11","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","General legal obligations"]},{"id":"e-c-12-1999-10-0048","docId":"e-c-12-1999-10","idx":48,"n":48,"text":"In this respect, two features of article 13 require emphasis. First, it is clear that article 13 regards States as having principal responsibility for the direct provision of education in most circumstances; States parties recognize, for example, that the “development of a system of schools at all levels shall be actively pursued” (art. 13 (2) (e)). Secondly, given the differential wording of article 13 (2) in relation to primary, secondary, higher and fundamental education, the parameters of a State party's obligation to fulfil (provide) are not the same for all levels of education. Accordingly, in light of the text of the Covenant, States parties have an enhanced obligation to fulfil (provide) regarding the right to education, but the extent of this obligation is not uniform for all levels of education. The Committee observes that this interpretation of the obligation to fulfil (provide) in relation to article 13 coincides with the law and practice of numerous States parties. Specific legal obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0049","docId":"e-c-12-1999-10","idx":49,"n":49,"text":"States parties are required to ensure that curricula, for all levels of the educational system, are directed to the objectives identified in article 13 (1). [[fn:23]] They are also obliged to establish and maintain a transparent and effective system which monitors whether or not education is, in fact, directed to the educational objectives set out in article 13 (1).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":23,"text":"There are numerous resources to assist States parties in this regard, such as UNESCO’sGuidelines for Curriculum and Textbook Development in International Education(ED/ECS/HCI). One of the objectives of article 13 (1) is to “strengthen the respect of humanrights and fundamental freedoms”; in this particular context, States parties should examine theinitiatives developed within the framework of the United Nations Decade for Human RightsEducation - especially instructive is the Plan of Action for the Decade, adopted by theGeneral Assembly in 1996, and the Guidelines for National Plans of Action for Human RightsEducation, developed by the Office of the High Commissioner for Human Rights to assist Statesin responding to the United Nations Decade for Human Rights Education."}],"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0050","docId":"e-c-12-1999-10","idx":50,"n":50,"text":"In relation to article 13 (2), States have obligations to respect, protect and fulfil each of the “essential features” (availability, accessibility, acceptability, adaptability) of the right to education. By way of illustration, a State must respect the availability of education by not closing private schools; protect the accessibility of education by ensuring that third parties, including parents and employers, do not stop girls from going to school; fulfil (facilitate) the acceptability of education by taking positive measures to ensure that education is culturally appropriate for minorities and indigenous peoples, and of good quality for all; fulfil (provide) the adaptability of education by designing and providing resources for curricula which reflect the contemporary needs of students in a changing world; and fulfil (provide) the availability of education by actively developing a system of schools, including building classrooms, delivering programmes, providing teaching materials, training teachers and paying them domestically competitive salaries.","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0051","docId":"e-c-12-1999-10","idx":51,"n":51,"text":"As already observed, the obligations of States parties in relation to primary, secondary, higher and fundamental education are not identical. Given the wording of article 13 (2), States parties are obliged to prioritize the introduction of compulsory, free primary education.[[fn:24]] This interpretation of article 13 (2) is reinforced by the priority accorded to primary education in article 14. The obligation to provide primary education for all is an immediate duty of all States parties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":24,"text":"On the meaning of “compulsory” and “free”, see paragraphs 6 and 7 of General Comment 11on article 14."}],"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"}]},{"id":"e-c-12-1999-10-0052","docId":"e-c-12-1999-10","idx":52,"n":52,"text":"In relation to article 13 (2) (b)-(d), a State party has an immediate obligation “to take steps” (art. 2 (1)) towards the realization of secondary, higher and fundamental education for all those within its jurisdiction. At a minimum, the State party is required to adopt and implement a national educational strategy which includes the provision of secondary, higher and fundamental education in accordance with the Covenant. This strategy should include mechanisms, such as indicators and benchmarks on the right to education, by which progress can be closely monitored. E/C.12/1999/10 page 12","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-1999-10-0053","docId":"e-c-12-1999-10","idx":53,"n":53,"text":"Under article 13 (2) (e), States parties are obliged to ensure that an educational fellowship system is in place to assist disadvantaged groups.[[fn:25]] The obligation to pursue actively the “development of a system of schools at all levels” reinforces the principal responsibility of States parties to ensure the direct provision of the right to education in most circumstances.[[fn:26]]","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":25,"text":"In appropriate cases, such a fellowship system would be an especially appropriate target forthe international assistance and cooperation anticipated by article 2 (1)."},{"n":26,"text":"In the context of basic education, UNICEF has observed: “Only the State … can pull togetherall the components into a coherent but flexible education system”. UNICEF, The State of theWorld’s Children, 1999, “The education revolution”, p. 77."}],"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0054","docId":"e-c-12-1999-10","idx":54,"n":54,"text":"States parties are obliged to establish “minimum educational standards” to which all educational institutions established in accordance with article 13 (3) and (4) are required to conform. They must also maintain a transparent and effective system to monitor such standards. A State party has no obligation to fund institutions established in accordance with article 13 (3) and (4); however, if a State elects to make a financial contribution to private educational institutions, it must do so without discrimination on any of the prohibited grounds.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0055","docId":"e-c-12-1999-10","idx":55,"n":55,"text":"States parties have an obligation to ensure that communities and families are not dependent on child labour. The Committee especially affirms the importance of education in eliminating child labour and the obligations set out in article 7 (2) of the Worst Forms of Child Labour Convention, 1999 (Convention No. 182).[[fn:27]] Additionally, given article 2 (2), States parties are obliged to remove gender and other stereotyping which impedes the educational access of girls, women and other disadvantaged groups.","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":27,"text":"According to article 7 (2), “(e)ach Member shall, taking into account the importance ofeducation in eliminating child labour, take effective and time-bound measures to: (c) ensureaccess to free basic education, and, wherever possible and appropriate, vocational training, for allchildren removed from the worst forms of child labour” (ILO Convention 182, Worst Forms ofChild Labour, 1999)."}],"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"7","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"}]},{"id":"e-c-12-1999-10-0056","docId":"e-c-12-1999-10","idx":56,"n":56,"text":"In its General Comment 3, the Committee drew attention to the obligation of all States parties to take steps, “individually and through international assistance and cooperation, especially economic and technical”, towards the full realization of the rights recognized in the Covenant, such as the right to education.[[fn:28]] Articles 2 (1) and 23 of the Covenant, Article 56 of the Charter of the United Nations, article 10 of the World Declaration on Education for All, and Part I, paragraph 34 of the Vienna Declaration and Programme of Action all reinforce the obligation of States parties in relation to the provision of international assistance and cooperation for the full realization of the right to education. In relation to the negotiation and ratification of international agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to education. Similarly, States parties have an obligation to ensure that their actions as members of international organizations, including international financial institutions, take due account of the right to education.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":28,"text":"See the Committee’s General Comment 3, paras. 13-14."}],"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"article":"2","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'Articles 2 (1) and 23 of the Covenant' on international cooperation; ICESCR art.2(1) on progressive realisation."},{"article":"23","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Same 'Articles 2 (1) and 23 of the Covenant'; ICESCR art.23 on international action."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Explicitly 'Article 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"10","treaty":"?","confidence":"high","source":"opus","rationale":"'article 10 of the World Declaration on Education for All'; non-treaty declaration."}]},{"id":"e-c-12-1999-10-0057","docId":"e-c-12-1999-10","idx":57,"n":57,"text":"In its General Comment 3, the Committee confirmed that States parties have “a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels” of each of the rights enunciated in the Covenant, including “the most basic forms of education”. In the context of article 13, this core includes an obligation: to ensure the right of access to public educational institutions and programmes on a non-discriminatory basis; to ensure that education conforms to the objectives set out in article 13 (1); to provide primary education for all in accordance with article 13 (2) (a); to adopt and implement a national educational strategy which includes provision for secondary, higher and fundamental education; and to ensure free choice of education without interference from the State or third parties, subject to conformity with “minimum educational standards” (art. 13 (3) and (4)). Violations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"}]},{"id":"e-c-12-1999-10-0058","docId":"e-c-12-1999-10","idx":58,"n":58,"text":"When the normative content of article 13 (Part I) is applied to the general and specific obligations of States parties (Part II), a dynamic process is set in motion which facilitates E/C.12/1999/10 page 13 identification of violations of the right to education. Violations of article 13 may occur through the direct action of States parties (acts of commission) or through their failure to take steps required by the Covenant (acts of omission).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Violations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-1999-10-0059","docId":"e-c-12-1999-10","idx":59,"n":59,"text":"By way of illustration, violations of article 13 include: the introduction or failure to repeal legislation which discriminates against individuals or groups, on any of the prohibited grounds, in the field of education; the failure to take measures which address de facto educational discrimination; the use of curricula inconsistent with the educational objectives set out in article 13 (1); the failure to maintain a transparent and effective system to monitor conformity with article 13 (1); the failure to introduce, as a matter of priority, primary education which is compulsory and available free to all; the failure to take “deliberate, concrete and targeted” measures towards the progressive realization of secondary, higher and fundamental education in accordance with article 13 (2) (b)-(d); the prohibition of private educational institutions; the failure to ensure private educational institutions conform to the “minimum educational standards” required by article 13 (3) and (4); the denial of academic freedom of staff and students; the closure of educational institutions in times of political tension in non-conformity with article 4.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"section":["2.  States parties’ obligations and violations","Violations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"13","paragraph":"3","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-1999-10-0060","docId":"e-c-12-1999-10","idx":60,"n":60,"text":"60. Given article 22 of the Covenant, the role of the United Nations agencies, including at the country level through the United Nations Development Assistance Framework (UNDAF), is of special importance in relation to the realization of article 13. Coordinated efforts for the realization of the right to education should be maintained to improve coherence and interaction among all the actors concerned, including the various components of civil society. UNESCO, the United Nations Development Programme, UNICEF, ILO, the World Bank, the regional development banks, the International Monetary Fund and other relevant bodies within the United Nations system should enhance their cooperation for the implementation of the right to education at the national level, with due respect to their specific mandates, and building on their respective expertise. In particular, the international financial institutions, notably the World Bank and IMF, should pay greater attention to the protection of the right to education in their lending policies, credit agreements, structural adjustment programmes and measures taken in response to the debt crisis. When examining the reports of States parties, the Committee will consider the effects of the assistance provided by all actors other than States parties on the ability of States to meet their obligations under article 13. The adoption of a human rightsbased approach by United Nations specialized agencies, programmes and bodies will greatly facilitate implementation of the right to education.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1999,"footnotes":[{"n":29,"text":"See the Committee’s General Comment 2, para. 9.-----"}],"section":["3.  Obligations of actors other than States parties"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-2000-4-0001","docId":"e-c-12-2000-4","idx":1,"n":1,"text":"Health is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity. The realization of the right to health may be pursued through numerous, complementary approaches, such as the formulation of health policies, or the implementation of health programmes developed by the World Health Organization (WHO), or the adoption of specific legal instruments. Moreover, the right to health includes certain components which are legally enforceable.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":1,"text":"For example, the principle of non-discrimination in relation to health facilities, goods andservices is legally enforceable in numerous national jurisdictions."}],"section":["standard of health (art. 12)"]},{"id":"e-c-12-2000-4-0002","docId":"e-c-12-2000-4","idx":2,"n":2,"text":"2. The human right to health is recognized in numerous international instruments. Article 25.1 of the Universal Declaration of Human Rights affirms: “Everyone has the right to a standard of living adequate for the health of himself and of his family, including food, clothing, housing and medical care and necessary social services”. The International Covenant on Economic, Social and Cultural Rights provides the most comprehensive article on the right to","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":2,"text":"In its resolution 1989/11."},{"n":3,"text":"The Principles for the Protection of Persons with Mental Illness and for the Improvementof Mental Health Care adopted by the United Nations General Assembly in 1991(resolution 46/119) and the Committee’s General Comment No. 5 on persons with disabilitiesapply to persons with mental illness; the Programme of Action of the International Conferenceon Population and Development held at Cairo in 1994, as well as the Declaration andProgramme for Action of the Fourth World Conference on Women held in Beijing in 1995contain definitions of reproductive health and women’s health, respectively."}],"section":["standard of health (art. 12)"],"citedArticles":[{"article":"25","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 25.1 to 'the Universal Declaration of Human Rights' — non-binding instrument."},{"article":"12","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 12.1 of the Covenant' (ICESCR) — right to highest attainable standard of health."},{"article":"12","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Same ICESCR Covenant context: 'article 12.2 enumerates … steps to be taken'."},{"article":"5","paragraph":"e","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5 (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"11","paragraph":"1","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text expressly cites 'articles 11.1 (f) and 12 of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"24","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 24 of the Convention on the Rights of the Child of 1989'."},{"article":"11","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 11 to the European Social Charter — regional instrument outside coded list."},{"article":"16","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 16 to the African Charter on Human and Peoples' Rights — regional instrument outside coded list."},{"article":"10","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 10 to the Additional Protocol to the American Convention (San Salvador Protocol) — regional instrument outside coded list."}]},{"id":"e-c-12-2000-4-0003","docId":"e-c-12-2000-4","idx":3,"n":3,"text":"The right to health is closely related to and dependent upon the realization of other human rights, as contained in the International Bill of Rights, including the rights to food, housing, work, education, human dignity, life, non-discrimination, equality, the prohibition against torture, privacy, access to information, and the freedoms of association, assembly and movement. These and other rights and freedoms address integral components of the right to health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["standard of health (art. 12)"]},{"id":"e-c-12-2000-4-0004","docId":"e-c-12-2000-4","idx":4,"n":4,"text":"In drafting article 12 of the Covenant, the Third Committee of the United Nations General Assembly did not adopt the definition of health contained in the preamble to the Constitution of WHO, which conceptualizes health as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”. However, the reference in article 12.1 of the Covenant to “the highest attainable standard of physical and mental health” is not confined to the right to health care. On the contrary, the drafting history and the express wording of article 12.2 acknowledge that the right to health embraces a wide range of socio-economic factors that promote conditions in which people can lead a healthy life, and extends to the underlying determinants of health, such as food and nutrition, housing, access to safe and potable water and adequate sanitation, safe and healthy working conditions, and a healthy environment.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["standard of health (art. 12)"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0005","docId":"e-c-12-2000-4","idx":5,"n":5,"text":"The Committee is aware that, for millions of people throughout the world, the full enjoyment of the right to health still remains a distant goal. Moreover, in many cases, especially for those living in poverty, this goal is becoming increasingly remote. The Committee recognizes the formidable structural and other obstacles resulting from international and other factors beyond the control of States that impede the full realization of article 12 in many States parties.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["standard of health (art. 12)"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0006","docId":"e-c-12-2000-4","idx":6,"n":6,"text":"6. With a view to assisting States parties’ implementation of the Covenant and the fulfilment of their reporting obligations, this General Comment focuses on the normative content of article 12 (Part I), States parties’ obligations (Part II), violations (Part III) and implementation","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["standard of health (art. 12)"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0007","docId":"e-c-12-2000-4","idx":7,"n":7,"text":"Article 12.1 provides a definition of the right to health, while article 12.2 enumerates illustrative, non-exhaustive examples of States parties’ obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["1.  Normative content of article 12"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0008","docId":"e-c-12-2000-4","idx":8,"n":8,"text":"The right to health is not to be understood as a right to be healthy. The right to health contains both freedoms and entitlements. The freedoms include the right to control one’s health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation. By contrast, the entitlements include the right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["1.  Normative content of article 12"]},{"id":"e-c-12-2000-4-0009","docId":"e-c-12-2000-4","idx":9,"n":9,"text":"The notion of “the highest attainable standard of health” in article 12.1 takes into account both the individual’s biological and socio-economic preconditions and a State’s available resources. There are a number of aspects which cannot be addressed solely within the relationship between States and individuals; in particular, good health cannot be ensured by a State, nor can States provide protection against every possible cause of human ill health. Thus, genetic factors, individual susceptibility to ill health and the adoption of unhealthy or risky lifestyles may play an important role with respect to an individual’s health. Consequently, the right to health must be understood as a right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the realization of the highest attainable standard of health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["1.  Normative content of article 12"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0010","docId":"e-c-12-2000-4","idx":10,"n":10,"text":"Since the adoption of the two International Covenants in 1966 the world health situation has changed dramatically and the notion of health has undergone substantial changes and has also widened in scope. More determinants of health are being taken into consideration, such as resource distribution and gender differences. A wider definition of health also takes into account such socially-related concerns as violence and armed conflict.[[fn:4]] Moreover, formerly unknown diseases, such as Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (HIV/AIDS), and others that have become more widespread, such as cancer, as well as the rapid growth of the world population, have created new obstacles for the realization of the right to health which need to be taken into account when interpreting article 12.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":4,"text":"Common article 3 of the Geneva Conventions for the protection of war victims (1949);Additional Protocol I (1977) relating to the Protection of Victims of International ArmedConflicts, art. 75 (2) (a); Additional Protocol II (1977) relating to the Protection of Victims ofNon-International Armed Conflicts, art. 4 (a)."}],"section":["1.  Normative content of article 12"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0011","docId":"e-c-12-2000-4","idx":11,"n":11,"text":"The Committee interprets the right to health, as defined in article 12.1, as an inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related education and information, including on sexual and reproductive health. A further important aspect is the participation of the population in all health-related decision-making at the community, national and international levels. E/C.12/2000/4 page 4","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["1.  Normative content of article 12"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0012","docId":"e-c-12-2000-4","idx":12,"n":12,"text":"12. The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:","labels":["Indigenous peoples","Women/girls","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":5,"text":"See WHO Model List of Essential Drugs, revised December 1999, WHO Drug Information,vol. 13, No. 4, 1999."},{"n":6,"text":"Unless expressly provided otherwise, any reference in this General Comment to healthfacilities, goods and services includes the underlying determinants of health outlined in paras. 11and 12 (a) of this General Comment."},{"n":7,"text":"See paras. 18 and 19 of this General Comment."},{"n":8,"text":"See article 19.2 of the International Covenant on Civil and Political Rights. This GeneralComment gives particular emphasis to access to information because of the special importanceof this issue in relation to health."}],"section":["1.  Normative content of article 12"]},{"id":"e-c-12-2000-4-0013","docId":"e-c-12-2000-4","idx":13,"n":13,"text":"The non-exhaustive catalogue of examples in article 12.2 provides guidance in defining the action to be taken by States. It gives specific generic examples of measures arising from the broad definition of the right to health contained in article 12.1, thereby illustrating the content of that right, as exemplified in the following paragraphs.[[fn:9]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":9,"text":"In the literature and practice concerning the right to health, three levels of health care arefrequently referred to: primary health care typically deals with common and relatively minor"}],"section":["1.  Normative content of article 12"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0014","docId":"e-c-12-2000-4","idx":14,"n":14,"text":"“The provision for the reduction of the stillbirth rate and of infant mortality and for the healthy development of the child” (art. 12.2 (a))[[fn:10]] may be understood as requiring measures to improve child and maternal health, sexual and reproductive health services, including access to family planning, pre- and post-natal care,[[fn:11]] emergency obstetric services and access to information, as well as to resources necessary to act on that information.[[fn:12]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":10,"text":"According to WHO, the stillbirth rate is no longer commonly used, infant and under-fivemortality rates being measured instead."},{"n":11,"text":"Prenatal denotes existing or occurring before birth; perinatal refers to the period shortlybefore and after birth (in medical statistics the period begins with the completion of 28 weeks ofgestation and is variously defined as ending one to four weeks after birth); neonatal, by contrast,covers the period pertaining to the first four weeks after birth; while post-natal denotesoccurrence after birth. In this General Comment, the more generic terms pre- and post-natal areexclusively employed."},{"n":12,"text":"Reproductive health means that women and men have the freedom to decide if and when toreproduce and the right to be informed and to have access to safe, effective, affordable andacceptable methods of family planning of their choice as well as the right of access toappropriate health-care services that will, for example, enable women to go safely throughpregnancy and childbirth."}],"section":["Article 12.2 (a):  The right to maternal, child and reproductive health"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0015","docId":"e-c-12-2000-4","idx":15,"n":15,"text":"“The improvement of all aspects of environmental and industrial hygiene” (art. 12.2 (b)) comprises, inter alia, preventive measures in respect of occupational accidents and diseases; the requirement to ensure an adequate supply of safe and potable water and basic sanitation; the prevention and reduction of the population’s exposure to harmful substances such as radiation and harmful chemicals or other detrimental environmental conditions that directly or indirectly impact upon human health.[[fn:13]] Furthermore, industrial hygiene refers to the minimization, so far as is reasonably practicable, of the causes of health hazards inherent in the working environment.[[fn:14]] Article 12.2 (b) also embraces adequate housing and safe and hygienic working conditions, an adequate supply of food and proper nutrition, and discourages the abuse of alcohol, and the use of tobacco, drugs and other harmful substances.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":13,"text":"The Committee takes note, in this regard, of Principle 1 of the Stockholm Declarationof 1972 which states: “Man has the fundamental right to freedom, equality and adequateconditions of life, in an environment of a quality that permits a life of dignity and well-being”,as well as of recent developments in international law, including General Assemblyresolution 45/94 on the need to ensure a healthy environment for the well-being of individuals;Principle 1 of the Rio Declaration; and regional human rights instruments such as article 10 ofthe San Salvador Protocol to the American Convention on Human Rights."},{"n":14,"text":"ILO Convention No. 155, art. 4.2."}],"section":["Article 12.2 (b):  The right to healthy natural and workplace environments"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0016","docId":"e-c-12-2000-4","idx":16,"n":16,"text":"“The prevention, treatment and control of epidemic, endemic, occupational and other diseases” (art. 12.2 (c)) requires the establishment of prevention and education programmes for behaviour-related health concerns such as sexually transmitted diseases, in particular HIV/AIDS, and those adversely affecting sexual and reproductive health, and the promotion of social determinants of good health, such as environmental safety, education, economic development and gender equity. The right to treatment includes the creation of a system of urgent medical care in cases of accidents, epidemics and similar health hazards, and the provision of disaster relief and humanitarian assistance in emergency situations. The control of diseases refers to States’ individual and joint efforts to, inter alia, make available relevant technologies, using and E/C.12/2000/4 page 6 improving epidemiological surveillance and data collection on a disaggregated basis, the implementation or enhancement of immunization programmes and other strategies of infectious disease control.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Article 12.2 (c):  The right to prevention, treatment and control of diseases"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0017","docId":"e-c-12-2000-4","idx":17,"n":17,"text":"17. “The creation of conditions which would assure to all medical service and medical attention in the event of sickness” (art. 12.2 (d)), both physical and mental, includes the provision of equal and timely access to basic preventive, curative, rehabilitative health services and health education; regular screening programmes; appropriate treatment of prevalent diseases, illnesses, injuries and disabilities, preferably at community level; the provision of essential drugs; and appropriate mental health treatment and care. A further important aspect is the improvement and furtherance of participation of the population in the provision of preventive and curative health services, such as the organization of the health sector, the insurance system and, in particular, participation in political decisions relating to the right to health taken at both the community and national levels.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Article 12.2 (d):  The right to health facilities, goods and services 15"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0018","docId":"e-c-12-2000-4","idx":18,"n":18,"text":"By virtue of article 2.2 and article 3, the Covenant proscribes any discrimination in access to health care and underlying determinants of health, as well as to means and entitlements for their procurement, on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status (including HIV/AIDS), sexual orientation and civil, political, social or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to health. The Committee stresses that many measures, such as most strategies and programmes designed to eliminate health-related discrimination, can be pursued with minimum resource implications through the adoption, modification or abrogation of legislation or the dissemination of information. The Committee recalls General Comment No. 3, paragraph 12, which states that even in times of severe resource constraints, the vulnerable members of society must be protected by the adoption of relatively low-cost targeted programmes.","labels":["Persons with disabilities","Persons living with HIV/AIDS","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2000-4-0019","docId":"e-c-12-2000-4","idx":19,"n":19,"text":"19. With respect to the right to health, equality of access to health care and health services has to be emphasized. States have a special obligation to provide those who do not have sufficient means with the necessary health insurance and health-care facilities, and to prevent any discrimination on internationally prohibited grounds in the provision of health care and health services, especially with respect to the core obligations of the right to health. Inappropriate health resource allocation can lead to discrimination that may not be overt. For example, investments should not disproportionately favour expensive curative health services which are often accessible only to a small, privileged fraction of the population, rather than primary and preventive health care benefiting a far larger part of the population.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":16,"text":"For the core obligations, see paras. 43 and 44 of the present General Comments."}],"section":["Non-discrimination and equal treatment"]},{"id":"e-c-12-2000-4-0020","docId":"e-c-12-2000-4","idx":20,"n":20,"text":"20. The Committee recommends that States integrate a gender perspective in their healthrelated policies, planning, programmes and research in order to promote better health for both women and men. A gender-based approach recognizes that biological and socio-cultural factors play a significant role in influencing the health of men and women. The disaggregation of health and socio-economic data according to sex is essential for identifying and remedying inequalities in health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Gender perspective"]},{"id":"e-c-12-2000-4-0021","docId":"e-c-12-2000-4","idx":21,"n":21,"text":"To eliminate discrimination against women, there is a need to develop and implement a comprehensive national strategy for promoting women’s right to health throughout their life span. Such a strategy should include interventions aimed at the prevention and treatment of diseases affecting women, as well as policies to provide access to a full range of high quality and affordable health care, including sexual and reproductive services. A major goal should be reducing women’s health risks, particularly lowering rates of maternal mortality and protecting women from domestic violence. The realization of women’s right to health requires the removal of all barriers interfering with access to health services, education and information, including in the area of sexual and reproductive health. It is also important to undertake preventive, promotive and remedial action to shield women from the impact of harmful traditional cultural practices and norms that deny them their full reproductive rights. Children and adolescents","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Women and the right to health"]},{"id":"e-c-12-2000-4-0022","docId":"e-c-12-2000-4","idx":22,"n":22,"text":"Article 12.2 (a) outlines the need to take measures to reduce infant mortality and promote the healthy development of infants and children. Subsequent international human rights instruments recognize that children and adolescents have the right to the enjoyment of the highest standard of health and access to facilities for the treatment of illness.[[fn:17]] The Convention on the Rights of the Child directs States to ensure access to essential health services for the child and his or her family, including pre- and post-natal care for mothers. The Convention links these goals with ensuring access to child-friendly information about preventive and health-promoting behaviour and support to families and communities in implementing these practices. Implementation of the principle of non-discrimination requires that girls, as well as boys, have equal access to adequate nutrition, safe environments, and physical as well as mental health services. There is a need to adopt effective and appropriate measures to abolish harmful traditional practices affecting the health of children, particularly girls, including early marriage, female genital mutilation, preferential feeding and care of male children.[[fn:18]] Children with disabilities should be given the opportunity to enjoy a fulfilling and decent life and to participate within their community.","labels":["Women/girls","Children","Adolescents","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":17,"text":"Article 24.1 of the Convention on the Rights of the Child."},{"n":18,"text":"See World Health Assembly resolution WHA47.10, 1994, entitled “Maternal and child healthand family planning: traditional practices harmful to the health of women and children”."}],"section":["Children and adolescents"],"citedArticles":[{"treaty":"CRC","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0023","docId":"e-c-12-2000-4","idx":23,"n":23,"text":"States parties should provide a safe and supportive environment for adolescents, that ensures the opportunity to participate in decisions affecting their health, to build life-skills, to acquire appropriate information, to receive counselling and to negotiate the health-behaviour choices they make. The realization of the right to health of adolescents is dependent on the development of youth-friendly health care, which respects confidentiality and privacy and includes appropriate sexual and reproductive health services. E/C.12/2000/4 page 8","labels":["Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Children and adolescents"]},{"id":"e-c-12-2000-4-0024","docId":"e-c-12-2000-4","idx":24,"n":24,"text":"In all policies and programmes aimed at guaranteeing the right to health of children and adolescents their best interests shall be a primary consideration. Older persons","labels":["Children","Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Children and adolescents"]},{"id":"e-c-12-2000-4-0025","docId":"e-c-12-2000-4","idx":25,"n":25,"text":"With regard to the realization of the right to health of older persons, the Committee, in accordance with paragraphs 34 and 35 of General Comment No. 6 (1995), reaffirms the importance of an integrated approach, combining elements of preventive, curative and rehabilitative health treatment. Such measures should be based on periodical check-ups for both sexes; physical as well as psychological rehabilitative measures aimed at maintaining the functionality and autonomy of older persons; and attention and care for chronically and terminally ill persons, sparing them avoidable pain and enabling them to die with dignity. Persons with disabilities","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Older persons"]},{"id":"e-c-12-2000-4-0026","docId":"e-c-12-2000-4","idx":26,"n":26,"text":"The Committee reaffirms paragraph 34 of its General Comment No. 5, which addresses the issue of persons with disabilities in the context of the right to physical and mental health. Moreover, the Committee stresses the need to ensure that not only the public health sector but also private providers of health services and facilities comply with the principle of non-discrimination in relation to persons with disabilities. Indigenous peoples","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Persons with disabilities"]},{"id":"e-c-12-2000-4-0027","docId":"e-c-12-2000-4","idx":27,"n":27,"text":"In the light of emerging international law and practice and the recent measures taken by States in relation to indigenous peoples,[[fn:19]] the Committee deems it useful to identify elements that would help to define indigenous peoples’ right to health in order better to enable States with indigenous peoples to implement the provisions contained in article 12 of the Covenant. The Committee considers that indigenous peoples have the right to specific measures to improve their access to health services and care. These health services should be culturally appropriate, taking into account traditional preventive care, healing practices and medicines. States should provide resources for indigenous peoples to design, deliver and control such services so that they may enjoy the highest attainable standard of physical and mental health. The vital medicinal plants, animals and minerals necessary to the full enjoyment of health of indigenous peoples should also be protected. The Committee notes that, in indigenous communities, the health of the individual is often linked to the health of the society as a whole and has a collective dimension. In this respect, the Committee considers that development-related activities that lead to the displacement of indigenous peoples against their will from their traditional territories and environment, denying them their sources of nutrition and breaking their symbiotic relationship with their lands, has a deleterious effect on their health. Limitations","labels":["Indigenous peoples","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":19,"text":"Recent emerging international norms relevant to indigenous peoples include the ILOConvention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries(1989); articles 29 (c) and (d) and 30 of the Convention on the Rights of the Child (1989);article 8 (j) of the Convention on Biological Diversity (1992), recommending that States respect,preserve and maintain knowledge, innovation and practices of indigenous communities;Agenda 21 of the United Nations Conference on Environment and Development (1992), inparticular chapter 26; and Part I, paragraph 20, of the Vienna Declaration and Programme ofAction (1993), stating that States should take concerted positive steps to ensure respect for allhuman rights of indigenous people, on the basis of non-discrimination. See also the preambleand article 3 of the United Nations Framework Convention on Climate Change (1992); andarticle 10 (2) (e) of the United Nations Convention to Combat Desertification in CountriesExperiencing Serious Drought and/or Desertification, Particularly in Africa (1994). Duringrecent years an increasing number of States have changed their constitutions and introducedlegislation recognizing specific rights of indigenous peoples."}],"section":["Indigenous peoples"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0028","docId":"e-c-12-2000-4","idx":28,"n":28,"text":"Issues of public health are sometimes used by States as grounds for limiting the exercise of other fundamental rights. The Committee wishes to emphasize that the Covenant’s limitation clause, article 4, is primarily intended to protect the rights of individuals rather than to permit the imposition of limitations by States. Consequently a State party which, for example, restricts the movement of, or incarcerates, persons with transmissible diseases such as HIV/AIDS, refuses to E/CN.4/2000/4 page 9 allow doctors to treat persons believed to be opposed to a government, or fails to provide immunization against the community’s major infectious diseases, on grounds such as national security or the preservation of public order, has the burden of justifying such serious measures in relation to each of the elements identified in article 4. Such restrictions must be in accordance with the law, including international human rights standards, compatible with the nature of the rights protected by the Covenant, in the interest of legitimate aims pursued, and strictly necessary for the promotion of the general welfare in a democratic society.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Limitations"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-2000-4-0029","docId":"e-c-12-2000-4","idx":29,"n":29,"text":"In line with article 5.1, such limitations must be proportional, i.e. the least restrictive alternative must be adopted where several types of limitations are available. Even where such limitations on grounds of protecting public health are basically permitted, they should be of limited duration and subject to review. General legal obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Limitations"],"citedArticles":[{"treaty":"ICESCR","article":"5","source":"regex"}]},{"id":"e-c-12-2000-4-0030","docId":"e-c-12-2000-4","idx":30,"n":30,"text":"While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to health, such as the guarantee that the right will be exercised without discrimination of any kind (art. 2.2) and the obligation to take steps (art. 2.1) towards the full realization of article 12. Such steps must be deliberate, concrete and targeted towards the full realization of the right to health.[[fn:20]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":20,"text":"See General Comment No. 13, para. 43."}],"section":["General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0031","docId":"e-c-12-2000-4","idx":31,"n":31,"text":"The progressive realization of the right to health over a period of time should not be interpreted as depriving States parties’ obligations of all meaningful content. Rather, progressive realization means that States parties have a specific and continuing obligation to move as expeditiously and effectively as possible towards the full realization of article 12.[[fn:21]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":21,"text":"See General Comment No. 3, para. 9; General Comment No. 13, para. 44."}],"section":["General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0032","docId":"e-c-12-2000-4","idx":32,"n":32,"text":"As with all other rights in the Covenant, there is a strong presumption that retrogressive measures taken in relation to the right to health are not permissible. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant in the context of the full use of the State party’s maximum available resources.[[fn:22]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":22,"text":"See General Comment No. 3, para. 9; General Comment No. 13, para. 45."}],"section":["General legal obligations"]},{"id":"e-c-12-2000-4-0033","docId":"e-c-12-2000-4","idx":33,"n":33,"text":"33. The right to health, like all human rights, imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. In turn, the obligation to fulfil contains obligations to facilitate, provide and promote. The obligation to respect requires States to refrain from interfering directly or indirectly with the enjoyment of the right to health. The obligation to protect requires States to take measures that prevent third parties from interfering with article 12 guarantees. Finally, the obligation to fulfil requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards the full realization of the right to health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":23,"text":"According to General Comments Nos. 12 and 13, the obligation to fulfil incorporates anobligation to facilitate and an obligation to provide. In the present General Comment, theobligation to fulfil also incorporates an obligation to promote because of the critical importanceof health promotion in the work of WHO and elsewhere."}],"section":["General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0034","docId":"e-c-12-2000-4","idx":34,"n":34,"text":"In particular, States are under the obligation to respect the right to health by, inter alia, refraining from denying or limiting equal access for all persons, including prisoners or detainees, minorities, asylum seekers and illegal immigrants, to preventive, curative and palliative health services; abstaining from enforcing discriminatory practices as a State policy; and abstaining from imposing discriminatory practices relating to women’s health status and needs. Furthermore, obligations to respect include a State’s obligation to refrain from prohibiting or impeding traditional preventive care, healing practices and medicines, from marketing unsafe drugs and from applying coercive medical treatments, unless on an exceptional basis for the treatment of mental illness or the prevention and control of communicable diseases. Such exceptional cases should be subject to specific and restrictive conditions, respecting best practices and applicable international standards, including the Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care.[[fn:24]] In addition, States should refrain from limiting access to contraceptives and other means of maintaining sexual and reproductive health, from censoring, withholding or intentionally misrepresenting health-related information, including sexual education and information, as well as from preventing people’s participation in health-related matters. States should also refrain from unlawfully polluting air, water and soil, e.g. through industrial waste from State-owned facilities, from using or testing nuclear, biological or chemical weapons if such testing results in the release of substances harmful to human health, and from limiting access to health services as a punitive measure, e.g. during armed conflicts in violation of international humanitarian law.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":24,"text":"General Assembly resolution 46/119 (1991)."}],"section":["Specific legal obligations"]},{"id":"e-c-12-2000-4-0035","docId":"e-c-12-2000-4","idx":35,"n":35,"text":"Obligations to protect include, inter alia, the duties of States to adopt legislation or to take other measures ensuring equal access to health care and health-related services provided by third parties; to ensure that privatization of the health sector does not constitute a threat to the availability, accessibility, acceptability and quality of health facilities, goods and services; to control the marketing of medical equipment and medicines by third parties; and to ensure that medical practitioners and other health professionals meet appropriate standards of education, skill and ethical codes of conduct. States are also obliged to ensure that harmful social or traditional practices do not interfere with access to pre- and post-natal care and family-planning; to prevent third parties from coercing women to undergo traditional practices, e.g. female genital mutilation; and to take measures to protect all vulnerable or marginalized groups of society, in particular women, children, adolescents and older persons, in the light of gender-based expressions of violence. States should also ensure that third parties do not limit people’s access to health-related information and services.","labels":["Women/girls","Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Specific legal obligations"]},{"id":"e-c-12-2000-4-0036","docId":"e-c-12-2000-4","idx":36,"n":36,"text":"The obligation to fulfil requires States parties, inter alia, to give sufficient recognition to the right to health in the national political and legal systems, preferably by way of legislative implementation, and to adopt a national health policy with a detailed plan for realizing the right to health. States must ensure provision of health care, including immunization programmes against the major infectious diseases, and ensure equal access for all to the underlying determinants of health, such as nutritiously safe food and potable drinking water, basic sanitation and adequate housing and living conditions. Public health infrastructures should provide for sexual and reproductive health services, including safe motherhood, particularly in rural areas. States have to ensure the appropriate training of doctors and other medical personnel, the provision of a sufficient number of hospitals, clinics and other health-related facilities, and the E/CN.4/2000/4 page 11 promotion and support of the establishment of institutions providing counselling and mental health services, with due regard to equitable distribution throughout the country. Further obligations include the provision of a public, private or mixed health insurance system which is affordable for all, the promotion of medical research and health education, as well as information campaigns, in particular with respect to HIV/AIDS, sexual and reproductive health, traditional practices, domestic violence, the abuse of alcohol and the use of cigarettes, drugs and other harmful substances. States are also required to adopt measures against environmental and occupational health hazards and against any other threat as demonstrated by epidemiological data. For this purpose they should formulate and implement national policies aimed at reducing and eliminating pollution of air, water and soil, including pollution by heavy metals such as lead from gasoline. Furthermore, States parties are required to formulate, implement and periodically review a coherent national policy to minimize the risk of occupational accidents and diseases, as well as to provide a coherent national policy on occupational safety and health services.[[fn:25]]","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":25,"text":"Elements of such a policy are the identification, determination, authorization and control ofdangerous materials, equipment, substances, agents and work processes; the provision of healthinformation to workers and the provision, if needed, of adequate protective clothing andequipment; the enforcement of laws and regulations through adequate inspection; therequirement of notification of occupational accidents and diseases, the conduct of inquiries intoserious accidents and diseases, and the production of annual statistics; the protection of workersand their representatives from disciplinary measures for actions properly taken by them inconformity with such a policy; and the provision of occupational health services with essentiallypreventive functions. See ILO Occupational Safety and Health Convention, 1981 (No. 155) andOccupational Health Services Convention, 1985 (No. 161)."}],"section":["Specific legal obligations"]},{"id":"e-c-12-2000-4-0037","docId":"e-c-12-2000-4","idx":37,"n":37,"text":"The obligation to fulfil (facilitate) requires States inter alia to take positive measures that enable and assist individuals and communities to enjoy the right to health. States parties are also obliged to fulfil (provide) a specific right contained in the Covenant when individuals or a group are unable, for reasons beyond their control, to realize that right themselves by the means at their disposal. The obligation to fulfil (promote) the right to health requires States to undertake actions that create, maintain and restore the health of the population. Such obligations include: (i) fostering recognition of factors favouring positive health results, e.g. research and provision of information; (ii) ensuring that health services are culturally appropriate and that health care staff are trained to recognize and respond to the specific needs of vulnerable or marginalized groups; (iii) ensuring that the State meets its obligations in the dissemination of appropriate information relating to healthy lifestyles and nutrition, harmful traditional practices and the availability of services; (iv) supporting people in making informed choices about their health. International obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Specific legal obligations"]},{"id":"e-c-12-2000-4-0038","docId":"e-c-12-2000-4","idx":38,"n":38,"text":"In its General Comment No. 3, the Committee drew attention to the obligation of all States parties to take steps, individually and through international assistance and cooperation, especially economic and technical, towards the full realization of the rights recognized in the Covenant, such as the right to health. In the spirit of article 56 of the Charter of the United Nations, the specific provisions of the Covenant (articles 12, 2.1, 22 and 23) and the Alma-Ata Declaration on primary health care, States parties should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to health. In this regard, States parties are referred to the Alma-Ata Declaration which proclaims that the existing gross inequality in the health status of the people, particularly between developed and developing countries, as well as within countries, is politically, socially and economically unacceptable and is, therefore, of common concern to all countries.[[fn:26]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":26,"text":"Article II, Alma-Ata Declaration, Report of the International Conference on Primary HealthCare, Alma-Ata, 6-12 September 1978, in: World Health Organization, “Health for All” Series,No. 1, WHO, Geneva, 1978."}],"section":["International obligations"],"citedArticles":[{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Explicitly 'article 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"12","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'specific provisions of the Covenant (articles 12, 2.1, 22 and 23)' in CESCR GC14 on right to health; ICESCR art.12 is right to health."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Same Covenant enumeration; ICESCR art.2.1 on progressive realisation."}]},{"id":"e-c-12-2000-4-0039","docId":"e-c-12-2000-4","idx":39,"n":39,"text":"To comply with their international obligations in relation to article 12, States parties have to respect the enjoyment of the right to health in other countries, and to prevent third parties from violating the right in other countries, if they are able to influence these third parties by way of legal or political means, in accordance with the Charter of the United Nations and applicable international law. Depending on the availability of resources, States should facilitate access to E/C.12/2000/4 page 12 essential health facilities, goods and services in other countries, wherever possible and provide the necessary aid when required.[[fn:27]] States parties should ensure that the right to health is given due attention in international agreements and, to that end, should consider the development of further legal instruments. In relation to the conclusion of other international agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to health. Similarly, States parties have an obligation to ensure that their actions as members of international organizations take due account of the right to health. Accordingly, States parties which are members of international financial institutions, notably the International Monetary Fund, the World Bank, and regional development banks, should pay greater attention to the protection of the right to health in influencing the lending policies, credit agreements and international measures of these institutions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":27,"text":"See para. 45 of this General Comment."}],"section":["International obligations"],"citedArticles":[{"article":"12","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly references 'article 12' international obligations in the right to health context; ICESCR article 12 confirmed by document (CESCR GC14 on health)."}]},{"id":"e-c-12-2000-4-0040","docId":"e-c-12-2000-4","idx":40,"n":40,"text":"States parties have a joint and individual responsibility, in accordance with the Charter of the United Nations and relevant resolutions of the United Nations General Assembly and of the World Health Assembly, to cooperate in providing disaster relief and humanitarian assistance in times of emergency, including assistance to refugees and internally displaced persons. Each State should contribute to this task to the maximum of its capacities. Priority in the provision of international medical aid, distribution and management of resources, such as safe and potable water, food and medical supplies, and financial aid should be given to the most vulnerable or marginalized groups of the population. Moreover, given that some diseases are easily transmissible beyond the frontiers of a State, the international community has a collective responsibility to address this problem. The economically developed States parties have a special responsibility and interest to assist the poorer developing States in this regard.","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["International obligations"]},{"id":"e-c-12-2000-4-0041","docId":"e-c-12-2000-4","idx":41,"n":41,"text":"States parties should refrain at all times from imposing embargoes or similar measures restricting the supply of another State with adequate medicines and medical equipment. Restrictions on such goods should never be used as an instrument of political and economic pressure. In this regard, the Committee recalls its position, stated in General Comment No. 8, on the relationship between economic sanctions and respect for economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["International obligations"]},{"id":"e-c-12-2000-4-0042","docId":"e-c-12-2000-4","idx":42,"n":42,"text":"While only States are parties to the Covenant and thus ultimately accountable for compliance with it, all members of society - individuals, including health professionals, families, local communities, intergovernmental and non-governmental organizations, civil society organizations, as well as the private business sector - have responsibilities regarding the realization of the right to health. State parties should therefore provide an environment which facilitates the discharge of these responsibilities. Core obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["International obligations"]},{"id":"e-c-12-2000-4-0043","docId":"e-c-12-2000-4","idx":43,"n":43,"text":"43. In General Comment No. 3, the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant, including essential primary health care. Read in conjunction with more contemporary instruments, such as the Programme of Action of the International Conference on Population and Development, the Alma-Ata Declaration provides compelling guidance on the core obligations arising from article 12. Accordingly, in the Committee’s view, these core obligations include at least the following obligations:","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":28,"text":"Report of the International Conference on Population and Development,Cairo, 5-13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I,resolution 1, annex, chaps. VII and VIII."}],"section":["Core obligations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0044","docId":"e-c-12-2000-4","idx":44,"n":44,"text":"44. The Committee also confirms that the following are obligations of comparable priority:","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Core obligations"]},{"id":"e-c-12-2000-4-0045","docId":"e-c-12-2000-4","idx":45,"n":45,"text":"For the avoidance of any doubt, the Committee wishes to emphasize that it is particularly incumbent on States parties and other actors in a position to assist, to provide “international assistance and cooperation, especially economic and technical”[[fn:29]] which enable developing countries to fulfil their core and other obligations indicated in paragraphs 43 and 44 above. E/C.12/2000/4 page 14","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":29,"text":"Covenant, art. 2.1."}],"section":["Core obligations"]},{"id":"e-c-12-2000-4-0046","docId":"e-c-12-2000-4","idx":46,"n":46,"text":"When the normative content of article 12 (Part I) is applied to the obligations of States parties (Part II), a dynamic process is set in motion which facilitates identification of violations of the right to health. The following paragraphs provide illustrations of violations of article 12.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["3.  Violations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0047","docId":"e-c-12-2000-4","idx":47,"n":47,"text":"In determining which actions or omissions amount to a violation of the right to health, it is important to distinguish the inability from the unwillingness of a State party to comply with its obligations under article 12. This follows from article 12.1, which speaks of the highest attainable standard of health, as well as from article 2.1 of the Covenant, which obliges each State party to take the necessary steps to the maximum of its available resources. A State which is unwilling to use the maximum of its available resources for the realization of the right to health is in violation of its obligations under article 12. If resource constraints render it impossible for a State to comply fully with its Covenant obligations, it has the burden of justifying that every effort has nevertheless been made to use all available resources at its disposal in order to satisfy, as a matter of priority, the obligations outlined above. It should be stressed, however, that a State party cannot, under any circumstances whatsoever, justify its non-compliance with the core obligations set out in paragraph 43 above, which are non-derogable.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["3.  Violations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0048","docId":"e-c-12-2000-4","idx":48,"n":48,"text":"Violations of the right to health can occur through the direct action of States or other entities insufficiently regulated by States. The adoption of any retrogressive measures incompatible with the core obligations under the right to health, outlined in paragraph 43 above, constitutes a violation of the right to health. Violations through acts of commission include the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to health or the adoption of legislation or policies which are manifestly incompatible with pre-existing domestic or international legal obligations in relation to the right to health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["3.  Violations"]},{"id":"e-c-12-2000-4-0049","docId":"e-c-12-2000-4","idx":49,"n":49,"text":"49. Violations of the right to health can also occur through the omission or failure of States to take necessary measures arising from legal obligations. Violations through acts of omission include the failure to take appropriate steps towards the full realization of everyone’s right to the enjoyment of the highest attainable standard of physical and mental health, the failure to have a national policy on occupational safety and health as well as occupational health services, and the failure to enforce relevant laws.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["3.  Violations"]},{"id":"e-c-12-2000-4-0050","docId":"e-c-12-2000-4","idx":50,"n":50,"text":"50. Violations of the obligation to respect are those State actions, policies or laws that contravene the standards set out in article 12 of the Covenant and are likely to result in bodily harm, unnecessary morbidity and preventable mortality. Examples include the denial of access to health facilities, goods and services to particular individuals or groups as a result of de jure or de facto discrimination; the deliberate withholding or misrepresentation of information vital to health protection or treatment; the suspension of legislation or the adoption of laws or policies that interfere with the enjoyment of any of the components of the right to health; and the failure of the State to take into account its legal obligations regarding the right to health when entering into bilateral or multilateral agreements with other States, international organizations and other entities, such as multinational corporations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Violations of the obligation to respect"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0051","docId":"e-c-12-2000-4","idx":51,"n":51,"text":"51. Violations of the obligation to protect follow from the failure of a State to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to health by third parties. This category includes such omissions as the failure to regulate the activities of individuals, groups or corporations so as to prevent them from violating the right to health of others; the failure to protect consumers and workers from practices detrimental to health, e.g. by employers and manufacturers of medicines or food; the failure to discourage production, marketing and consumption of tobacco, narcotics and other harmful substances; the failure to protect women against violence or to prosecute perpetrators; the failure to discourage the continued observance of harmful traditional medical or cultural practices; and the failure to enact or enforce laws to prevent the pollution of water, air and soil by extractive and manufacturing industries.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Violations of the obligation to protect"]},{"id":"e-c-12-2000-4-0052","docId":"e-c-12-2000-4","idx":52,"n":52,"text":"Violations of the obligation to fulfil occur through the failure of States parties to take all necessary steps to ensure the realization of the right to health. Examples include the failure to adopt or implement a national health policy designed to ensure the right to health for everyone; insufficient expenditure or misallocation of public resources which results in the non-enjoyment of the right to health by individuals or groups, particularly the vulnerable or marginalized; the failure to monitor the realization of the right to health at the national level, for example by identifying right to health indicators and benchmarks; the failure to take measures to reduce the inequitable distribution of health facilities, goods and services; the failure to adopt a gender-sensitive approach to health; and the failure to reduce infant and maternal mortality rates. Framework legislation","labels":["Children","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Violations of the obligation to fulfil"]},{"id":"e-c-12-2000-4-0053","docId":"e-c-12-2000-4","idx":53,"n":53,"text":"The most appropriate feasible measures to implement the right to health will vary significantly from one State to another. Every State has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State to take whatever steps are necessary to ensure that everyone has access to health facilities, goods and services so that they can enjoy, as soon as possible, the highest attainable standard of physical and mental health. This requires the adoption of a national strategy to ensure to all the enjoyment of the right to health, based on human rights principles which define the objectives of that strategy, and the formulation of policies and corresponding right to health indicators and benchmarks. The national health strategy should also identify the resources available to attain defined objectives, as well as the most cost-effective way of using those resources.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Framework legislation"]},{"id":"e-c-12-2000-4-0054","docId":"e-c-12-2000-4","idx":54,"n":54,"text":"The formulation and implementation of national health strategies and plans of action should respect, inter alia, the principles of non-discrimination and people’s participation. In particular, the right of individuals and groups to participate in decision-making processes, which may affect their development, must be an integral component of any policy, programme or strategy developed to discharge governmental obligations under article 12. Promoting health E/C.12/2000/4 page 16 must involve effective community action in setting priorities, making decisions, planning, implementing and evaluating strategies to achieve better health. Effective provision of health services can only be assured if people’s participation is secured by States.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Framework legislation"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0055","docId":"e-c-12-2000-4","idx":55,"n":55,"text":"The national health strategy and plan of action should also be based on the principles of accountability, transparency and independence of the judiciary, since good governance is essential to the effective implementation of all human rights, including the realization of the right to health. In order to create a favourable climate for the realization of the right, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider the importance of, the right to health in pursuing their activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Framework legislation"]},{"id":"e-c-12-2000-4-0056","docId":"e-c-12-2000-4","idx":56,"n":56,"text":"56. States should consider adopting a framework law to operationalize their right to health national strategy. The framework law should establish national mechanisms for monitoring the implementation of national health strategies and plans of action. It should include provisions on the targets to be achieved and the time-frame for their achievement; the means by which right to health benchmarks could be achieved; the intended collaboration with civil society, including health experts, the private sector and international organizations; institutional responsibility for the implementation of the right to health national strategy and plan of action; and possible recourse procedures. In monitoring progress towards the realization of the right to health, States parties should identify the factors and difficulties affecting implementation of their obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Framework legislation"]},{"id":"e-c-12-2000-4-0057","docId":"e-c-12-2000-4","idx":57,"n":57,"text":"National health strategies should identify appropriate right to health indicators and benchmarks. The indicators should be designed to monitor, at the national and international levels, the State party’s obligations under article 12. States may obtain guidance on appropriate right to health indicators, which should address different aspects of the right to health, from the ongoing work of WHO and the United Nations Children’s Fund (UNICEF) in this field. Right to health indicators require disaggregation on the prohibited grounds of discrimination.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Right to health indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0058","docId":"e-c-12-2000-4","idx":58,"n":58,"text":"Having identified appropriate right to health indicators, States parties are invited to set appropriate national benchmarks in relation to each indicator. During the periodic reporting procedure the Committee will engage in a process of scoping with the State party. Scoping involves the joint consideration by the State party and the Committee of the indicators and national benchmarks which will then provide the targets to be achieved during the next reporting period. In the following five years, the State party will use these national benchmarks to help monitor its implementation of article 12. Thereafter, in the subsequent reporting process, the State party and the Committee will consider whether or not the benchmarks have been achieved, and the reasons for any difficulties that may have been encountered. Remedies and accountability","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Right to health indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0059","docId":"e-c-12-2000-4","idx":59,"n":59,"text":"59. Any person or group victim of a violation of the right to health should have access to effective judicial or other appropriate remedies at both national and international levels. All victims of such violations should be entitled to adequate reparation, which may take the form of","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":30,"text":"Regardless of whether groups as such can seek remedies as distinct holders of rights, Statesparties are bound by both the collective and individual dimensions of article 12. Collectiverights are critical in the field of health; modern public health policy relies heavily on preventionand promotion which are approaches directed primarily to groups."}],"section":["Remedies and accountability"]},{"id":"e-c-12-2000-4-0060","docId":"e-c-12-2000-4","idx":60,"n":60,"text":"The incorporation in the domestic legal order of international instruments recognizing the right to health can significantly enhance the scope and effectiveness of remedial measures and should be encouraged in all cases.[[fn:31]] Incorporation enables courts to adjudicate violations of the right to health, or at least its core obligations, by direct reference to the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"footnotes":[{"n":31,"text":"See General Comment No. 2, para. 9.-----"}],"section":["Remedies and accountability"]},{"id":"e-c-12-2000-4-0061","docId":"e-c-12-2000-4","idx":61,"n":61,"text":"Judges and members of the legal profession should be encouraged by States parties to pay greater attention to violations of the right to health in the exercise of their functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Remedies and accountability"]},{"id":"e-c-12-2000-4-0062","docId":"e-c-12-2000-4","idx":62,"n":62,"text":"States parties should respect, protect, facilitate and promote the work of human rights advocates and other members of civil society with a view to assisting vulnerable or marginalized groups in the realization of their right to health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["Remedies and accountability"]},{"id":"e-c-12-2000-4-0063","docId":"e-c-12-2000-4","idx":63,"n":63,"text":"The role of the United Nations agencies and programmes, and in particular the key function assigned to WHO in realizing the right to health at the international, regional and country levels, is of particular importance, as is the function of UNICEF in relation to the right to health of children. When formulating and implementing their right to health national strategies, States parties should avail themselves of technical assistance and cooperation of WHO. Further, when preparing their reports, States parties should utilize the extensive information and advisory services of WHO with regard to data collection, disaggregation, and the development of right to health indicators and benchmarks.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["5.  Obligations of actors other than States parties"]},{"id":"e-c-12-2000-4-0064","docId":"e-c-12-2000-4","idx":64,"n":64,"text":"Moreover, coordinated efforts for the realization of the right to health should be maintained to enhance the interaction among all the actors concerned, including the various components of civil society. In conformity with articles 22 and 23 of the Covenant, WHO, The International Labour Organization, the United Nations Development Programme, UNICEF, the United Nations Population Fund, the World Bank, regional development banks, the International Monetary Fund, the World Trade Organization and other relevant bodies within the United Nations system, should cooperate effectively with States parties, building on their respective expertise, in relation to the implementation of the right to health at the national level, with due respect to their individual mandates. In particular, the international financial institutions, notably the World Bank and the International Monetary Fund, should pay greater attention to the protection of the right to health in their lending policies, credit agreements and structural adjustment programmes. When examining the reports of States parties and their ability to meet the obligations under article 12, the Committee will consider the effects of the assistance provided by all other actors. The adoption of a human rights-based approach by United Nations specialized agencies, programmes and bodies will greatly facilitate implementation of the right to health. In the course of its examination of States parties’ reports, the Committee will also consider the role of health professional associations and other non-governmental organizations in relation to the States’ obligations under article 12. E/C.12/2000/4 page 18","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["5.  Obligations of actors other than States parties"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2000-4-0065","docId":"e-c-12-2000-4","idx":65,"n":65,"text":"65. The role of WHO, the Office of the United Nations High Commissioner for Refugees, the International Committee of the Red Cross/Red Crescent and UNICEF, as well as non governmental organizations and national medical associations, is of particular importance in relation to disaster relief and humanitarian assistance in times of emergencies, including assistance to refugees and internally displaced persons. Priority in the provision of international medical aid, distribution and management of resources, such as safe and potable water, food and medical supplies, and financial aid should be given to the most vulnerable or marginalized groups of the population.","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2000,"section":["5.  Obligations of actors other than States parties"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2002-11-0001","docId":"e-c-12-2002-11","idx":1,"n":1,"text":"Water is a limited natural resource and a public good fundamental for life and health. The human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights. The Committee has been confronted continually with the widespread denial of the right to water in developing as well as developed countries. Over one billion persons lack access to a basic water supply, while several billion do not have access to adequate sanitation, which is the primary cause of water contamination and diseases linked to water.[[fn:1]] The continuing contamination, depletion and unequal distribution of water is exacerbating existing poverty. States parties have to adopt effective measures to realize, without discrimination, the right to water, as set out in this general comment.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":1,"text":"In 2000, the World Health Organization estimated that 1.1 billion persons did not have access to an improved water supply (80 per cent of them rural dwellers) able to provide at least 20 litres of safe water per person a day; 2.4 billion persons were estimated to be without sanitation. (See WHO, The Global Water Supply and Sanitation Assessment 2000, Geneva, 2000, p.1.) Further, 2.3 billion persons each year suffer from diseases linked to water: see United Nations, Commission on Sustainable Development, Comprehensive Assessment of the Freshwater Resources of the World, New York, 1997, p. 39."}]},{"id":"e-c-12-2002-11-0002","docId":"e-c-12-2002-11","idx":2,"n":2,"text":"The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses. An adequate amount of safe water is necessary to prevent death from dehydration, to reduce the risk of water-related disease and to provide for consumption, cooking, personal and domestic hygienic requirements.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003},{"id":"e-c-12-2002-11-0003","docId":"e-c-12-2002-11","idx":3,"n":3,"text":"Article 11, paragraph 1, of the Covenant specifies a number of rights emanating from, and indispensable for, the realization of the right to an adequate standard of living “including adequate food, clothing and housing”. The use of the word “including” indicates that this catalogue of rights was not intended to be exhaustive. The right to water clearly falls within the category of guarantees essential for securing an adequate standard of living, particularly since it is one of the most fundamental conditions for survival. Moreover, the Committee has previously recognized that water is a human right contained in article 11, paragraph 1, (see General Comment No. 6 (1995)).[[fn:2]] The right to water is also inextricably related to the right to the highest attainable standard of health (art. 12, para. 1)[[fn:3]] and the rights to adequate housing and adequate food (art. 11, para. 1).[[fn:4]] The right should also be seen in conjunction with other rights enshrined in the International Bill of Human Rights, foremost amongst them the right to life and human dignity.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":2,"text":"See paras. 5 and 32 of the Committee’s General Comment No. 6 (1995) on the economic, social and cultural rights of older persons."},{"n":3,"text":"See General Comment No. 14 (2000) on the right to the highest attainable standard of health, paragraphs 11, 12 (a), (b) and (d), 15, 34, 36, 40, 43 and 51."},{"n":4,"text":"See para. 8 (b) of General Comment No. 4 (1991). See also the report by Commission on Human Rights’ Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Mr. Miloon Kothari (E.CN.4/2002/59), submitted in accordance with Commission resolution 2001/28 of 20 April 2001. In relation to the right to adequate food, see the report by the Special Rapporteur of the Commission on the right to food, Mr. Jean Ziegler (E/CN.4/2002/58), submitted in accordance with Commission resolution 2001/25 of 20 April 2001."}],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0004","docId":"e-c-12-2002-11","idx":4,"n":4,"text":"The right to water has been recognized in a wide range of international documents, including treaties, declarations and other standards.[[fn:5]] For instance, Article E/C.12/2002/11 Page 3 14, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination Against Women stipulates that States parties shall ensure to women the right to “enjoy adequate living conditions, particularly in relation to […] water supply”. Article 24, paragraph 2, of the Convention on the Rights of the Child requires States parties to combat disease and malnutrition “through the provision of adequate nutritious foods and clean drinking-water”.","labels":["Women/girls","Children","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":5,"text":"See art. 14, para. 2 (h), Convention on the Elimination of All Forms of Discrimination Against Women; art. 24, para. 2 (c), Convention on the Rights of the Child; arts. 20, 26, 29 and 46 of the Geneva Convention relative to the Treatment of Prisoners of War, of 1949; arts. 85, 89 and 127 of the Geneva Convention relative to the Treatment of Civilian Persons in Time of War, of 1949; arts. 54 and 55 of Additional Protocol I thereto of 1977; arts. 5 and 14 Additional Protocol II of 1977; preamble, Mar Del Plata Action Plan of the United Nations Water Conference; see para. 18.47 of Agenda 21, Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992 (A/CONF.151/26/Rev.1 (Vol. I and Vol. I/Corr.1, Vol. II, Vol. III and Vol. III/Corr.1) (United Nations publication, Sales No. E.93.I.8), vol I: Resolutions adopted by the Conference, resolution 1, annex II; Principle No. 3, The Dublin Statement on Water and Sustainable Development, International Conference on Water and the Environment (A/CONF.151/PC/112); Principle No. 2, Programme of Action, Report of the United Nations International Conference on Population and Development, Cairo, 5-13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex; paras. 5 and 19, Recommendation (2001) 14 of the Committee of Ministers to Member States on the European Charter on Water Resources; resolution 2002/6 of the United Nations Sub-Commission on the Promotion and Protection of Human Rights on the promotion of the realization of the right to drinking water. See also the report on the relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation (E/CN.4/Sub.2/2002/10) submitted by the Special Rapporteur of the Sub-Commission on the right to drinking water supply and sanitation, Mr. El Hadji Guissé."}],"citedArticles":[{"article":"24","treaty":"CRC","confidence":"high","source":"sonnet","rationale":"Text explicitly says 'Article 24, paragraph 2, of the Convention on the Rights of the Child requires States parties to combat disease and malnutrition'. regex_default_treaty=ICESCR but clear override: CRC art. 24 (right to health/clean water) is named explicitly."}]},{"id":"e-c-12-2002-11-0005","docId":"e-c-12-2002-11","idx":5,"n":5,"text":"The right to water has been consistently addressed by the Committee during its consideration of States parties’ reports, in accordance with its revised general guidelines regarding the form and content of reports to be submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights, and its general comments.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"citedArticles":[{"treaty":"ICESCR","article":"16","source":"regex"},{"treaty":"ICESCR","article":"17","source":"regex"}]},{"id":"e-c-12-2002-11-0006","docId":"e-c-12-2002-11","idx":6,"n":6,"text":"Water is required for a range of different purposes, besides personal and domestic uses, to realize many of the Covenant rights. For instance, water is necessary to produce food (right to adequate food) and ensure environmental hygiene (right to health). Water is essential for securing livelihoods (right to gain a living by work) and enjoying certain cultural practices (right to take part in cultural life). Nevertheless, priority in the allocation of water must be given to the right to water for personal and domestic uses. Priority should also be given to the water resources required to prevent starvation and disease, as well as water required to meet the core obligations of each of the Covenant rights. [[fn:6]] Water and Covenant rights","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":6,"text":"See also World Summit on Sustainable Development, Plan of Implementation 2002, paragraph 25 (c)."}]},{"id":"e-c-12-2002-11-0007","docId":"e-c-12-2002-11","idx":7,"n":7,"text":"The Committee notes the importance of ensuring sustainable access to water resources for agriculture to realize the right to adequate food (see General Comment No.12 (1999)).[[fn:7]] Attention should be given to ensuring that disadvantaged and marginalized farmers, including women farmers, have equitable access to water and water management systems, including sustainable rain harvesting and irrigation technology. Taking note of the duty in article 1, paragraph 2, of the Covenant, which provides that a people may not “be deprived of its means of subsistence”, States parties should ensure that there is adequate access to water for subsistence farming and for securing the livelihoods of indigenous peoples.[[fn:8]]","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":7,"text":"This relates to both availability and to accessibility of the right to adequate food (see General Comment No. 12 (1999), paras. 12 and 13)."},{"n":8,"text":"See also the Statement of Understanding accompanying the United Nations Convention on the Law of Non-Navigational Uses of Watercourses (A/51/869 of 11 April 1997), which declared that, in determining vital human needs in the event of conflicts over the use of watercourses “special attention is to be paid to providing sufficient water to sustain human life, including both drinking water and water required for production of food in order to prevent starvation”.."}],"section":["Water and Covenant rights"],"citedArticles":[{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-2002-11-0008","docId":"e-c-12-2002-11","idx":8,"n":8,"text":"Environmental hygiene, as an aspect of the right to health under article 12, paragraph 2 (b), of the Covenant, encompasses taking steps on a non-discriminatory basis to prevent threats to health from unsafe and toxic water conditions.[[fn:9]] For example, States parties should ensure that natural water resources are protected from contamination by harmful substances and pathogenic microbes. Likewise, States parties should monitor and combat situations where aquatic eco-systems serve as a habitat for vectors of diseases wherever they pose a risk to human living environments.[[fn:10]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":9,"text":"See also para. 15, General Comment No. 14."},{"n":10,"text":"According to the WHO definition, vector-borne diseases include diseases transmitted by insects (malaria, filariasis, dengue, Japanese encephalitis and yellow fever), diseases for which aquatic snails serve as intermediate hosts (schistosomiasis) and zoonoses with vertebrates as reservoir hosts."}],"section":["Water and Covenant rights"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2002-11-0009","docId":"e-c-12-2002-11","idx":9,"n":9,"text":"With a view to assisting States parties' implementation of the Covenant and the fulfilment of their reporting obligations, this General Comment focuses in Part II on the normative content of the right to water in articles 11, paragraph 1, and 12, on States parties' obligations (Part III), on violations (Part IV) and on implementation at the national level (Part V), while the obligations of actors other than States parties are addressed in Part VI.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["Water and Covenant rights"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0010","docId":"e-c-12-2002-11","idx":10,"n":10,"text":"The right to water contains both freedoms and entitlements. The freedoms include the right to maintain access to existing water supplies necessary for the right to water, and the right to be free from interference, such as the right to be free from arbitrary disconnections or contamination of water supplies. By contrast, the entitlements include the right to a system of water supply and management that provides equality of opportunity for people to enjoy the right to water. E/C.12/2002/11 Page 5","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER"]},{"id":"e-c-12-2002-11-0011","docId":"e-c-12-2002-11","idx":11,"n":11,"text":"The elements of the right to water must be adequate for human dignity, life and health, in accordance with articles 11, paragraph 1, and 12. The adequacy of water should not be interpreted narrowly, by mere reference to volumetric quantities and technologies. Water should be treated as a social and cultural good, and not primarily as an economic good. The manner of the realization of the right to water must also be sustainable, ensuring that the right can be realized for present and future generations.[[fn:11]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":11,"text":"For a definition of sustainability, see the Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 1992, Declaration on Environment and Development, principles 1, 8, 9, 10, 12 and 15; and Agenda 21, in particular principles 5.3, 7.27, 7.28, 7.35, 7.39, 7.41, 18.3, 18.8, 18.35, 18.40, 18.48, 18.50, 18.59 and 18.68."}],"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0012","docId":"e-c-12-2002-11","idx":12,"n":12,"text":"12. While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances: (a) Availability. The water supply for each person must be sufficient and continuous for personal and domestic uses.[[fn:12]] These uses ordinarily include drinking, personal sanitation, washing of clothes, food preparation, personal and household hygiene.[[fn:13]] The quantity of water available for each person should correspond to World Health Organization (WHO) guidelines.[[fn:14]] Some individuals and groups may also require additional water due to health, climate, and work conditions; (b) Quality. The water required for each personal or domestic use must be safe, therefore free from micro-organisms, chemical substances and radiological hazards that constitute a threat to a person’s health.[[fn:15]] Furthermore, water should be of an acceptable colour, odour and taste for each personal or domestic use. (c) Accessibility. Water and water facilities and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: (i) Physical accessibility: water, and adequate water facilities and services, must be within safe physical reach for all sections of the population. Sufficient, safe and acceptable water must be accessible within, or in the immediate vicinity, of each household, educational institution and workplace.[[fn:16]] All water facilities and services must be of sufficient quality, culturally appropriate and sensitive to gender, life-cycle and privacy requirements. Physical security should not be threatened during access to water facilities and services; (ii) Economic accessibility: Water, and water facilities and services, must be affordable for all. The direct and indirect costs and charges associated with securing water must be affordable, and must not compromise or threaten the realization of other Covenant rights; (iii) Non-discrimination: Water and water facilities and services must be accessible to all, including the most vulnerable or marginalized sections of the population, in law and in fact, without discrimination on any of the prohibited grounds; and (iv) Information accessibility: accessibility includes the right to seek, receive and impart information concerning water issues.[[fn:17]]","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":12,"text":"“Continuous” means that the regularity of the water supply is sufficient for personal and domestic uses."},{"n":13,"text":"In this context, “drinking” means water for consumption through beverages and foodstuffs. “Personal sanitation” means disposal of human excreta. Water is necessary for personal sanitation where water-based means are adopted. “Food preparation” includes food hygiene and preparation of food stuffs, whether water is incorporated into, or comes into contact with, food. “Personal and household hygiene” means personal cleanliness and hygiene of the household environment."},{"n":14,"text":"See J. Bartram and G. Howard, “Domestic water quantity, service level and health: what should be the goal for water and health sectors”, WHO, 2002. See also P.H. Gleick, (1996) “Basic water requirements for human activities: meeting basic needs”, Water International, 21, pp. 83-92."},{"n":15,"text":"The Committee refers States parties to WHO, Guidelines for drinking-water quality, 2nd edition, vols. 1-3 (Geneva, 1993) that are “intended to be used as a basis for the development of national standards that, if properly implemented, will ensure the safety of drinking water supplies through the elimination of, or reduction to a minimum concentration, of constituents of water that are known to be hazardous to health.”"},{"n":16,"text":"See also General Comment No. 4 (1991), para. 8 (b), General Comment No. 13 (1999) para. 6 (a) and General Comment No. 14 (2000) paras. 8 (a) and (b). Household includes a permanent or semi-permanent dwelling, or a temporary halting site."},{"n":17,"text":"See para. 48 of this General Comment."}],"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER"]},{"id":"e-c-12-2002-11-0013","docId":"e-c-12-2002-11","idx":13,"n":13,"text":"The obligation of States parties to guarantee that the right to water is enjoyed without discrimination (art. 2, para. 2), and equally between men and women (art. 3), pervades all of the Covenant obligations. The Covenant thus proscribes any discrimination on the grounds of race, colour, sex, age, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status (including HIV/AIDS), sexual orientation and civil, political, social or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to water. The Committee recalls paragraph 12 of General Comment No. 3 (1990), which states that even in times of severe resource constraints, the vulnerable members of society must be protected by the adoption of relatively low-cost targeted programmes.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER","Non-discrimination and equality"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2002-11-0014","docId":"e-c-12-2002-11","idx":14,"n":14,"text":"States parties should take steps to remove de facto discrimination on prohibited grounds, where individuals and groups are deprived of the means or entitlements necessary for achieving the right to water. States parties should ensure that the allocation of water resources, and investments in water, facilitate access to water for all members of society. Inappropriate resource allocation can lead to discrimination that may not be overt. For example, investments should not disproportionately favour expensive water supply services and facilities that are often accessible only to a small, privileged fraction of the population, rather than investing in services and facilities that benefit a far larger part of the population.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER","Non-discrimination and equality"]},{"id":"e-c-12-2002-11-0015","docId":"e-c-12-2002-11","idx":15,"n":15,"text":"With respect to the right to water, States parties have a special obligation to provide those who do not have sufficient means with the necessary water and water facilities and to prevent any discrimination on internationally prohibited grounds in the provision of water and water services.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER","Non-discrimination and equality"]},{"id":"e-c-12-2002-11-0016","docId":"e-c-12-2002-11","idx":16,"n":16,"text":"16. Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that: (a) Women are not excluded from decision-making processes concerning water resources and entitlements. The disproportionate burden women bear in the collection of water should be alleviated; (b) Children are not prevented from enjoying their human rights due to the lack of adequate water in educational institutions and households or through the burden of collecting water. Provision of adequate water to educational institutions currently without adequate drinking water should be addressed as a matter of urgency; (c) Rural and deprived urban areas have access to properly maintained water facilities. Access to traditional water sources in rural areas should be protected from unlawful encroachment and pollution. Deprived urban areas, including informal human settlements, and homeless persons, should have access to properly maintained water facilities. No household should be denied the right to water on the grounds of their housing or land status; (d) Indigenous peoples’ access to water resources on their ancestral lands is protected from encroachment and unlawful pollution. States should provide resources for indigenous peoples to design, deliver and control their access to water; (e) Nomadic and traveller communities have access to adequate water at traditional and designated halting sites; (f) Refugees, asylum-seekers, internally displaced persons and returnees have access to adequate water whether they stay in camps or in urban and rural areas. Refugees and asylum-seekers should be granted the right to water on the same conditions as granted to nationals; (g) Prisoners and detainees are provided with sufficient and safe water for their daily individual requirements, taking note of the requirements of international humanitarian law and the United Nations Standard Minimum Rules for the Treatment of Prisoners;[[fn:18]] (h) Groups facing difficulties with physical access to water, such as older persons, persons with disabilities, victims of natural disasters, persons living in disaster-prone areas, and those living in arid and semi-arid areas, or on small islands are provided with safe and sufficient water.","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Women/girls","Children","Persons in street situations","Roma, Gypsies, Sinti and Travellers","Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":18,"text":"See arts. 20, 26, 29 and 46 of the third Geneva Convention of 12 August 1949; arts. 85, 89 and 127 of the fourth Geneva Convention of 12 August 1949; arts. 15 and 20, para. 2, United Nations Standard Minimum Rules for the Treatment of Prisoners, in Human Rights: A Compilation of International Instruments (United Nations publication, Sales No. E.88.XIV.1)."}],"section":["II.  NORMATIVE CONTENT OF THE RIGHT TO WATER","Non-discrimination and equality"]},{"id":"e-c-12-2002-11-0017","docId":"e-c-12-2002-11","idx":17,"n":17,"text":"While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to water, such as the guarantee that the right will be exercised without discrimination of any kind (art. 2, para. 2) and the obligation to take steps (art. 2, para.1) towards the full realization of articles 11, paragraph 1, and 12. Such steps must be deliberate, concrete and targeted towards the full realization of the right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0018","docId":"e-c-12-2002-11","idx":18,"n":18,"text":"States parties have a constant and continuing duty under the Covenant to move as expeditiously and effectively as possible towards the full realization of the right to water. Realization of the right should be feasible and practicable, since all States parties exercise control over a broad range of resources, including water, technology, financial resources and international assistance, as with all other rights in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","General legal obligations"]},{"id":"e-c-12-2002-11-0019","docId":"e-c-12-2002-11","idx":19,"n":19,"text":"There is a strong presumption that retrogressive measures taken in relation to the right to water are prohibited under the Covenant.[[fn:19]] If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant in the context of the full use of the State party's maximum available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":19,"text":"See General Comment No. 3 (1990), para. 9."}],"section":["III.  STATES PARTIES’ OBLIGATIONS","General legal obligations"]},{"id":"e-c-12-2002-11-0020","docId":"e-c-12-2002-11","idx":20,"n":20,"text":"The right to water, like any human right, imposes three types of obligations on States parties: obligations to respect, obligations to protect and obligations to fulfil. (a) Obligations to respect","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0021","docId":"e-c-12-2002-11","idx":21,"n":21,"text":"The obligation to respect requires that States parties refrain from interfering directly or indirectly with the enjoyment of the right to water. The obligation includes, inter alia, refraining from engaging in any practice or activity that denies or limits equal access to adequate water; arbitrarily interfering with customary or traditional arrangements for water allocation; unlawfully diminishing or polluting water, for example through waste from State-owned facilities or through use and testing of weapons; and limiting access to, or destroying, water services and infrastructure as a punitive measure, for example, during armed conflicts in violation of international humanitarian law.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0022","docId":"e-c-12-2002-11","idx":22,"n":22,"text":"The Committee notes that during armed conflicts, emergency situations and natural disasters, the right to water embraces those obligations by which States parties are bound under international humanitarian law.[[fn:20]] This includes protection of objects indispensable for survival of the civilian population, including drinking water installations and supplies and irrigation works, protection of the natural environment against widespread, long-term and severe damage and ensuring that civilians, internees and prisoners have access to adequate water.[[fn:21]] (b) Obligations to protect","labels":["Persons deprived of their liberty","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":20,"text":"For the interrelationship of human rights law and humanitarian law, the Committee notes the conclusions of the International Court of Justice in Legality of the Threat or Use of Nuclear Weapons (Request by the General Assembly), ICJ Reports (1996) p. 226, para. 25."},{"n":21,"text":"See arts. 54 and 56, Additional Protocol I to the Geneva Conventions (1977), art. 54, Additional Protocol II (1977), arts. 20 and 46 of the third Geneva Convention of 12 August 1949, and common article 3 of the Geneva Conventions of 12 August 1949."}],"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0023","docId":"e-c-12-2002-11","idx":23,"n":23,"text":"The obligation to protect requires State parties to prevent third parties from interfering in any way with the enjoyment of the right to water. Third parties include individuals, groups, corporations and other entities as well as agents acting under their authority. The obligation includes, inter alia, adopting the necessary and effective legislative and other measures to restrain, for example, third parties from denying equal access to adequate water; and polluting and inequitably extracting from water resources, including natural sources, wells and other water distribution systems.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0024","docId":"e-c-12-2002-11","idx":24,"n":24,"text":"Where water services (such as piped water networks, water tankers, access to rivers and wells) are operated or controlled by third parties, States parties must prevent them from compromising equal, affordable, and physical access to sufficient, safe and acceptable water. To prevent such abuses an effective regulatory system must be established, in conformity with the Covenant and this General Comment, which includes independent monitoring, genuine public participation and imposition of penalties for non-compliance.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0025","docId":"e-c-12-2002-11","idx":25,"n":25,"text":"The obligation to fulfil can be disaggregated into the obligations to facilitate, promote and provide. The obligation to facilitate requires the State to take positive measures to assist individuals and communities to enjoy the right. The obligation to promote obliges the State party to take steps to ensure that there is appropriate education concerning the hygienic use of water, protection of water sources and methods to minimize water wastage. States parties are also obliged to fulfil (provide) the right when individuals or a group are unable, for reasons beyond their control, to realize that right themselves by the means at their disposal.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0026","docId":"e-c-12-2002-11","idx":26,"n":26,"text":"The obligation to fulfil requires States parties to adopt the necessary measures directed towards the full realization of the right to water. The obligation includes, inter alia, according sufficient recognition of this right within the national political and legal systems, preferably by way of legislative implementation; adopting a national water strategy and plan of action to realize this right; ensuring that water is affordable for everyone; and facilitating improved and sustainable access to water, particularly in rural and deprived urban areas.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0027","docId":"e-c-12-2002-11","idx":27,"n":27,"text":"To ensure that water is affordable, States parties must adopt the necessary measures that may include, inter alia: (a) use of a range of appropriate low-cost techniques and technologies; (b) appropriate pricing policies such as free or low-cost water; and (c) income supplements. Any payment for water services has to be based on the principle of equity, ensuring that these services, whether privately or publicly provided, are affordable for all, including socially disadvantaged groups. Equity demands that poorer households should not be disproportionately burdened with water expenses as compared to richer households.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0028","docId":"e-c-12-2002-11","idx":28,"n":28,"text":"States parties should adopt comprehensive and integrated strategies and programmes to ensure that there is sufficient and safe water for present and future generations.[[fn:22]] Such strategies and programmes may include: (a) reducing depletion of water resources through unsustainable extraction, diversion and damming; (b) reducing and eliminating contamination of watersheds and water-related eco-systems by substances such as radiation, harmful chemicals and human excreta; (c) monitoring water reserves; (d) ensuring that proposed developments do not interfere with access to adequate water; (e) assessing the impacts of actions that may impinge upon water availability and natural-ecosystems watersheds, such as climate changes, desertification and increased soil salinity, deforestation and loss of biodiversity;[[fn:23]] (f) E/C.12/2002/11 Page 11 increasing the efficient use of water by end-users; (g) reducing water wastage in its distribution; (h) response mechanisms for emergency situations; (i) and establishing competent institutions and appropriate institutional arrangements to carry out the strategies and programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":22,"text":"See footnote 5 above, Agenda 21, chaps. 5 ,7 and 18; and the World Summit on Sustainable Development, Plan of Implementation (2002), paras. 6 (a), (l) and (m), 7, 36 and 38."},{"n":23,"text":"See the Convention on Biological Diversity, the Convention to Combat Desertification, the United Nations Framework Convention on Climate Change, and subsequent protocols."}],"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0029","docId":"e-c-12-2002-11","idx":29,"n":29,"text":"Ensuring that everyone has access to adequate sanitation is not only fundamental for human dignity and privacy, but is one of the principal mechanisms for protecting the quality of drinking water supplies and resources.[[fn:24]] In accordance with the rights to health and adequate housing (see General Comments No. 4 (1991) and 14 (2000)) States parties have an obligation to progressively extend safe sanitation services, particularly to rural and deprived urban areas, taking into account the needs of women and children. International obligations","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":24,"text":"Article 14, para. 2, of the Convention on the Elimination of All Forms of Discrimination Against Women stipulates States parties shall ensure to women the right to “adequate living conditions, particularly in relation to […] sanitation”. Article 24, para. 2, of the Convention on the Rights of the Child requires States parties to “To ensure that all segments of society […] have access to education and are supported in the use of basic knowledge of […] the advantages of […] hygiene and environmental sanitation.”"}],"section":["III.  STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-2002-11-0030","docId":"e-c-12-2002-11","idx":30,"n":30,"text":"Article 2, paragraph 1, and articles 11, paragraph 1, and 23 of the Covenant require that States parties recognize the essential role of international cooperation and assistance and take joint and separate action to achieve the full realization of the right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0031","docId":"e-c-12-2002-11","idx":31,"n":31,"text":"To comply with their international obligations in relation to the right to water, States parties have to respect the enjoyment of the right in other countries. International cooperation requires States parties to refrain from actions that interfere, directly or indirectly, with the enjoyment of the right to water in other countries. Any activities undertaken within the State party’s jurisdiction should not deprive another country of the ability to realize the right to water for persons in its jurisdiction.[[fn:25]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":25,"text":"The Committee notes that the United Nations Convention on the Law of Non-Navigational Uses of Watercourses requires that social and human needs be taken into account in determining the equitable utilization of watercourses, that States parties take measures to prevent significant harm being caused, and, in the event of conflict, special regard must be given to the requirements of vital human needs: see arts. 5, 7 and 10 of the Convention."}],"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0032","docId":"e-c-12-2002-11","idx":32,"n":32,"text":"States parties should refrain at all times from imposing embargoes or similar measures, that prevent the supply of water, as well as goods and services essential for securing the right to water.[[fn:26]] Water should never be used as an instrument of political E/C.12/2002/11 Page 12 and economic pressure. In this regard, the Committee recalls its position, stated in its General Comment No. 8 (1997), on the relationship between economic sanctions and respect for economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":26,"text":"In General Comment No. 8 (1997), the Committee noted the disruptive effect of sanctions upon sanitation supplies and clean drinking water, and that sanctions regimes should provide for repairs to infrastructure essential to provide clean water."}],"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0033","docId":"e-c-12-2002-11","idx":33,"n":33,"text":"Steps should be taken by States parties to prevent their own citizens and companies from violating the right to water of individuals and communities in other countries. Where States parties can take steps to influence other third parties to respect the right, through legal or political means, such steps should be taken in accordance with the Charter of the United Nations and applicable international law.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0034","docId":"e-c-12-2002-11","idx":34,"n":34,"text":"Depending on the availability of resources, States should facilitate realization of the right to water in other countries, for example through provision of water resources, financial and technical assistance, and provide the necessary aid when required. In disaster relief and emergency assistance, including assistance to refugees and displaced persons, priority should be given to Covenant rights, including the provision of adequate water. International assistance should be provided in a manner that is consistent with the Covenant and other human rights standards, and sustainable and culturally appropriate. The economically developed States parties have a special responsibility and interest to assist the poorer developing States in this regard.","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0035","docId":"e-c-12-2002-11","idx":35,"n":35,"text":"States parties should ensure that the right to water is given due attention in international agreements and, to that end, should consider the development of further legal instruments. With regard to the conclusion and implementation of other international and regional agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to water. Agreements concerning trade liberalization should not curtail or inhibit a country’s capacity to ensure the full realization of the right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0036","docId":"e-c-12-2002-11","idx":36,"n":36,"text":"States parties should ensure that their actions as members of international organizations take due account of the right to water. Accordingly, States parties that are members of international financial institutions, notably the International Monetary Fund, the World Bank, and regional development banks, should take steps to ensure that the right to water is taken into account in their lending policies, credit agreements and other international measures. Core obligations","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-2002-11-0037","docId":"e-c-12-2002-11","idx":37,"n":37,"text":"37. In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee’s view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect: (a) To ensure access to the minimum essential amount of water, that is sufficient and safe for personal and domestic uses to prevent disease; (b) To ensure the right of access to water and water facilities and services on a non-discriminatory basis, especially for disadvantaged or marginalized groups; (c) To ensure physical access to water facilities or services that provide sufficient, safe and regular water; that have a sufficient number of water outlets to avoid prohibitive waiting times; and that are at a reasonable distance from the household; (d) To ensure personal security is not threatened when having to physically access to water; (e) To ensure equitable distribution of all available water facilities and services; (f) To adopt and implement a national water strategy and plan of action addressing the whole population; the strategy and plan of action should be devised, and periodically reviewed, on the basis of a participatory and transparent process; it should include methods, such as right to water indicators and benchmarks, by which progress can be closely monitored; the process by which the strategy and plan of action are devised, as well as their content, shall give particular attention to all disadvantaged or marginalized groups; (g) To monitor the extent of the realization, or the non-realization, of the right to water; (h) To adopt relatively low-cost targeted water programmes to protect vulnerable and marginalized groups; (i) To take measures to prevent, treat and control diseases linked to water, in particular ensuring access to adequate sanitation;","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Core obligations"]},{"id":"e-c-12-2002-11-0038","docId":"e-c-12-2002-11","idx":38,"n":38,"text":"For the avoidance of any doubt, the Committee wishes to emphasize that it is particularly incumbent on States parties, and other actors in a position to assist, to provide international assistance and cooperation, especially economic and technical which enables developing countries to fulfil their core obligations indicated in paragraph 37 above.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["III.  STATES PARTIES’ OBLIGATIONS","Core obligations"]},{"id":"e-c-12-2002-11-0039","docId":"e-c-12-2002-11","idx":39,"n":39,"text":"When the normative content of the right to water (see Part II) is applied to the obligations of States parties (Part III), a process is set in motion, which facilitates identification of violations of the right to water. The following paragraphs provide illustrations of violations of the right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2002-11-0040","docId":"e-c-12-2002-11","idx":40,"n":40,"text":"To demonstrate compliance with their general and specific obligations, States parties must establish that they have taken the necessary and feasible steps towards the realization of the right to water. In accordance with international law, a failure to act in good faith to take such steps amounts to a violation of the right. It should be stressed that a State party cannot justify its non-compliance with the core obligations set out in paragraph 37 above, which are non-derogable.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2002-11-0041","docId":"e-c-12-2002-11","idx":41,"n":41,"text":"In determining which actions or omissions amount to a violation of the right to water, it is important to distinguish the inability from the unwillingness of a State E/C.12/2002/11 Page 14 party to comply with its obligations in relation to the right to water. This follows from articles 11, paragraph 1, and 12, which speak of the right to an adequate standard of living and the right to health, as well as from article 2, paragraph 1, of the Covenant, which obliges each State party to take the necessary steps to the maximum of its available resources. A State which is unwilling to use the maximum of its available resources for the realization of the right to water is in violation of its obligations under the Covenant. If resource constraints render it impossible for a State party to comply fully with its Covenant obligations, it has the burden of justifying that every effort has nevertheless been made to use all available resources at its disposal in order to satisfy, as a matter of priority, the obligations outlined above.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["IV.  VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-2002-11-0042","docId":"e-c-12-2002-11","idx":42,"n":42,"text":"Violations of the right to water can occur through acts of commission, the direct actions of States parties or other entities insufficiently regulated by States. Violations include, for example, the adoption of retrogressive measures incompatible with the core obligations (outlined in para. 37 above), the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to water, or the adoption of legislation or policies which are manifestly incompatible with pre-existing domestic or international legal obligations in relation to the right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2002-11-0043","docId":"e-c-12-2002-11","idx":43,"n":43,"text":"Violations through acts of omission include the failure to take appropriate steps towards the full realization of everyone's right to water, the failure to have a national policy on water, and the failure to enforce relevant laws.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2002-11-0044","docId":"e-c-12-2002-11","idx":44,"n":44,"text":"44. While it is not possible to specify a complete list of violations in advance, a number of typical examples relating to the levels of obligations, emanating from the Committee’s work, may be identified: (a) Violations of the obligation to respect follow from the State party’s interference with the right to water. This includes, inter alia: (i) arbitrary or unjustified disconnection or exclusion from water services or facilities; (ii) discriminatory or unaffordable increases in the price of water; and (iii) pollution and diminution of water resources affecting human health; (b) Violations of the obligation to protect follow from the failure of a State to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to water by third parties.[[fn:27]] This includes, inter alia: (i) failure to enact or enforce laws to prevent the contamination and inequitable extraction of water; (ii) failure to effectively regulate and control water services providers; (iv) failure to protect water distribution systems (e.g., piped networks and wells) from interference, damage and destruction; and (c) Violations of the obligation to fulfil occur through the failure of States parties to take all necessary steps to ensure the realization of the right to water. Examples includes, inter alia: (i) failure to adopt or implement a national water policy designed to ensure the right to water for everyone; (ii) insufficient expenditure or misallocation of public resources which results in the non-enjoyment of the right to water by individuals or groups, particularly the vulnerable or marginalized; (iii) failure to monitor the realization of the right to water at the national level, for example by identifying right-to-water indicators and benchmarks; (iv) failure to take measures to reduce the inequitable distribution of water facilities and services; (v) failure to adopt mechanisms for emergency relief; (vi) failure to ensure that the minimum essential level of the right is enjoyed by everyone (vii) failure of a State to take into account its international legal obligations regarding the right to water when entering into agreements with other States or with international organizations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":27,"text":"See para. 23 for a definition of “third parties”."}],"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2002-11-0045","docId":"e-c-12-2002-11","idx":45,"n":45,"text":"In accordance with article 2, paragraph 1, of the Covenant, States parties are required to utilize “all appropriate means, including particularly the adoption of legislative measures” in the implementation of their Covenant obligations. Every State party has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State party to take whatever steps are necessary to ensure that everyone enjoys the right to water, as soon as possible. Any national measures designed to realize the right to water should not interfere with the enjoyment of other human rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-2002-11-0046","docId":"e-c-12-2002-11","idx":46,"n":46,"text":"Existing legislation, strategies and policies should be reviewed to ensure that they are compatible with obligations arising from the right to water, and should be repealed, amended or changed if inconsistent with Covenant requirements.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0047","docId":"e-c-12-2002-11","idx":47,"n":47,"text":"The duty to take steps clearly imposes on States parties an obligation to adopt a national strategy or plan of action to realize the right to water. The strategy must: (a) be based upon human rights law and principles; (b) cover all aspects of the right to water and the corresponding obligations of States parties; (c) define clear objectives; (d) set targets or goals to be achieved and the time-frame for their achievement; (e) formulate adequate policies and corresponding benchmarks and indicators. The strategy should also establish institutional responsibility for the process; identify resources available to attain the objectives, targets and goals; allocate resources appropriately according to institutional responsibility; and establish accountability mechanisms to ensure the implementation of the strategy. When formulating and implementing their right to water national strategies, States parties should avail themselves of technical assistance and cooperation of the United Nations specialized agencies (see Part VI below).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0048","docId":"e-c-12-2002-11","idx":48,"n":48,"text":"The formulation and implementation of national water strategies and plans of action should respect, inter alia, the principles of non-discrimination and people's participation. The right of individuals and groups to participate in decision-making processes that may affect their exercise of the right to water must be an integral part of any policy, programme or strategy concerning water. Individuals and groups should be given full and equal access to information concerning water, water services and the environment, held by public authorities or third parties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0049","docId":"e-c-12-2002-11","idx":49,"n":49,"text":"The national water strategy and plan of action should also be based on the principles of accountability, transparency and independence of the judiciary, since good governance is essential to the effective implementation of all human rights, including the realization of the right to water. In order to create a favourable climate E/C.12/2002/11 Page 16 for the realization of the right, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider the importance of, the right to water in pursuing their activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0050","docId":"e-c-12-2002-11","idx":50,"n":50,"text":"States parties may find it advantageous to adopt framework legislation to operationalize their right to water strategy. Such legislation should include: (a) targets or goals to be attained and the time-frame for their achievement; (b) the means by which the purpose could be achieved; (c) the intended collaboration with civil society, private sector and international organizations; (d) institutional responsibility for the process; (e) national mechanisms for its monitoring; and (f) remedies and recourse procedures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0051","docId":"e-c-12-2002-11","idx":51,"n":51,"text":"Steps should be taken to ensure there is sufficient coordination between the national ministries, regional and local authorities in order to reconcile water-related policies. Where implementation of the right to water has been delegated to regional or local authorities, the State party still retains the responsibility to comply with its Covenant obligations, and therefore should ensure that these authorities have at their disposal sufficient resources to maintain and extend the necessary water services and facilities. The States parties must further ensure that such authorities do not deny access to services on a discriminatory basis.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0052","docId":"e-c-12-2002-11","idx":52,"n":52,"text":"States parties are obliged to monitor effectively the realization of the right to water. In monitoring progress towards the realization of the right to water, States parties should identify the factors and difficulties affecting implementation of their obligations. Indicators and benchmarks","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Legislation, strategies and policies"]},{"id":"e-c-12-2002-11-0053","docId":"e-c-12-2002-11","idx":53,"n":53,"text":"To assist the monitoring process, right to water indicators should be identified in the national water strategies or plans of action. The indicators should be designed to monitor, at the national and international levels, the State party's obligations under articles 11, paragraph 1, and 12. Indicators should address the different components of adequate water (such as sufficiency, safety and acceptability, affordability and physical accessibility), be disaggregated by the prohibited grounds of discrimination, and cover all persons residing in the State party’s territorial jurisdiction or under their control. States parties may obtain guidance on appropriate indicators from the ongoing work of WHO, the Food and Agriculture Organization of the United Nations (FAO), the United Nations Centre for Human Settlements (Habitat), the International Labour Organization (ILO), the United Nations Children’s Fund (UNICEF), the United Nations Environment Programme (UNEP), the United Nations Development Programme (UNDP) and the United Nations Commission on Human Rights.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2002-11-0054","docId":"e-c-12-2002-11","idx":54,"n":54,"text":"Having identified appropriate right to water indicators, States parties are invited to set appropriate national benchmarks in relation to each indicator.[[fn:28]] During the periodic reporting procedure, the Committee will engage in a process of “scoping” with the State party. Scoping involves the joint consideration by the State party and the Committee of the indicators and national benchmarks which will then provide the targets to be achieved during the next reporting period. In the following five years, the State party will use these national benchmarks to help monitor its implementation of the right to water. Thereafter, in the subsequent reporting process, the State party and the Committee will consider whether or not the benchmarks have been achieved, and the reasons for any difficulties that may have been encountered (see General Comment No.14 (2000), para. 58). Further, when setting benchmarks and preparing their reports, States parties should utilize the extensive information and advisory services of specialized agencies with regard to data collection and disaggregation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":28,"text":"See E. Riedel, “New bearings to the State reporting procedure: practical ways to operationalize economic, social and cultural rights – The example of the right to health”, in S. von Schorlemer (ed.), Praxishandbuch UNO, 2002, pp. 345-358. The Committee notes, for example, the commitment in the 2002 World Summit on Sustainable Development Plan of Implementation to halve, by the year 2015, the proportion of people who are unable to reach or to afford safe drinking water (as outlined in the Millennium Declaration) and the proportion of people who do not have access to basic sanitation."}],"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Indicators and benchmarks"]},{"id":"e-c-12-2002-11-0055","docId":"e-c-12-2002-11","idx":55,"n":55,"text":"Any persons or groups who have been denied their right to water should have access to effective judicial or other appropriate remedies at both national and international levels (see General Comment No. 9 (1998), para. 4, and Principle 10 of the Rio Declaration on Environment and Development).[[fn:29]] The Committee notes that the right has been constitutionally entrenched by a number of States and has been subject to litigation before national courts. All victims of violations of the right to water should be entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition. National ombudsmen, human rights commissions, and similar institutions should be permitted to address violations of the right.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"footnotes":[{"n":29,"text":"Principle 10 of the Rio Declaration on Environment and Development (Report of the United Nations Conference on Environment and Development, see footnote 5 above), states with respect to environmental issues that “effective access to judicial and administrative proceedings, including remedy and redress, shall be provided”."}],"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-2002-11-0056","docId":"e-c-12-2002-11","idx":56,"n":56,"text":"Before any action that interferes with an individual’s right to water is carried out by the State party, or by any other third party, the relevant authorities must ensure that such actions are performed in a manner warranted by law, compatible with the Covenant, and that comprises: (a) opportunity for genuine consultation with those affected; (b) timely and full disclosure of information on the proposed measures; (c) reasonable notice of proposed actions; (d) legal recourse and remedies for those affected; and (e) legal assistance for obtaining legal remedies (see also General Comments No. 4 (1991) and No. 7 (1997)). Where such action is based on a person’s failure to pay for water their capacity to pay must be taken into account. Under no circumstances shall an individual be deprived of the minimum essential level of water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-2002-11-0057","docId":"e-c-12-2002-11","idx":57,"n":57,"text":"The incorporation in the domestic legal order of international instruments recognizing the right to water can significantly enhance the scope and effectiveness of remedial measures and should be encouraged in all cases. Incorporation enables courts to adjudicate violations of the right to water, or at least the core obligations, by direct reference to the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-2002-11-0058","docId":"e-c-12-2002-11","idx":58,"n":58,"text":"Judges, adjudicators and members of the legal profession should be encouraged by States parties to pay greater attention to violations of the right to water in the exercise of their functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-2002-11-0059","docId":"e-c-12-2002-11","idx":59,"n":59,"text":"States parties should respect, protect, facilitate and promote the work of human rights advocates and other members of civil society with a view to assisting vulnerable or marginalized groups in the realization of their right to water.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["V.  IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-2002-11-0060","docId":"e-c-12-2002-11","idx":60,"n":60,"text":"60. United Nations agencies and other international organizations concerned with water, such as WHO, FAO, UNICEF, UNEP, UN-Habitat, ILO, UNDP, the International Fund for Agricultural Development (IFAD), as well as international organizations concerned with trade such as the World Trade Organization (WTO), should cooperate effectively with States parties, building on their respective expertise, in relation to the implementation of the right to water at the national level. The international financial institutions, notably the International Monetary Fund and the World Bank, should take into account the right to water in their lending policies, credit agreements, structural adjustment programmes and other development projects (see General Comment No. 2 (1990)), so that the enjoyment of the right to water is promoted. When examining the reports of States parties and their ability to meet the obligations to realize the right to water, the Committee will consider the effects of the assistance provided by all other actors. The incorporation of human rights law and principles in the programmes and policies by international organizations will greatly facilitate implementation of the right to water. The role of the International Federation of the Red Cross and Red Crescent Societies, International Committee of the Red Cross, the Office of the United Nations High Commissioner for Refugees (UNHCR), WHO and UNICEF, as well as non-governmental organizations and other associations, is of particular importance in relation to disaster relief and humanitarian assistance in times of emergencies. Priority in the provision of aid, distribution and management of water and water facilities should be given to the most vulnerable or marginalized groups of the population.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2003,"section":["VI.  OBLIGATIONS OF ACTORS OTHER THAN STATES"]},{"id":"e-c-12-2005-4-0001","docId":"e-c-12-2005-4","idx":1,"n":1,"text":"The equal right of men and women to the enjoyment of all human rights is one of the fundamental principles recognized under international law and enshrined in the main international human rights instruments. The International Covenant on Economic, Social and Cultural Rights (ICESCR) protects human rights that are fundamental to the dignity of every person. In particular, article 3 of this Covenant provides for the equal right of men and women to the enjoyment of the rights it articulates. This provision is founded on Article 1, paragraph 3, of the United Nations Charter and article 2 of the Universal Declaration of Human Rights. Except for the reference to ICESCR, it is identical to article 3 of the International Covenant on Civil and Political Rights (ICCPR), which was drafted at the same time.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["Introduction"],"citedArticles":[{"article":"3","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Text expressly states 'article 3 of this Covenant' referring back to ICESCR."},{"article":"1","paragraph":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'Article 1, paragraph 3, of the United Nations Charter' — Charter is outside the coded treaty list."},{"article":"2","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 2 to 'the Universal Declaration of Human Rights' — non-binding instrument."},{"article":"3","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 3 of the International Covenant on Civil and Political Rights (ICCPR)'."}]},{"id":"e-c-12-2005-4-0002","docId":"e-c-12-2005-4","idx":2,"n":2,"text":"2. The travaux préparatoires state that article 3 was included in the Covenant, as well as in ICCPR, to indicate that beyond a prohibition of discrimination, “the same rights should be expressly recognized for men and women on an equal footing and suitable measures should be taken to ensure that women had the opportunity to exercise their rights …. Moreover, even if article 3 overlapped with article 2, paragraph 2, it was still necessary to reaffirm the equality","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":1,"text":"Draft International Covenants on Human Rights Report of the Third Committee. A/53/65 (17 December 1962), para. 85."}],"section":["Introduction"],"citedArticles":[{"article":"3","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'article 3 was included in the Covenant' referring to ICESCR (the Covenant under discussion throughout this GC)."},{"article":"3","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'even if article 3 overlapped with article 2, paragraph 2' in the ICESCR context."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Reference to 'article 2, paragraph 2' in the ICESCR context, matching the Covenant under analysis."},{"article":"26","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'article 26 of ICCPR'."},{"article":"3","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'articles 3 and 2, paragraph 2, of ICESCR'."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly states 'articles 3 and 2, paragraph 2, of ICESCR'."}]},{"id":"e-c-12-2005-4-0003","docId":"e-c-12-2005-4","idx":3,"n":3,"text":"Article 2, paragraph 2, of ICESCR provides for a guarantee of non-discrimination on the basis of sex among other grounds. This provision, and the guarantee of equal enjoyment of rights by men and women in article 3, are integrally related and mutually reinforcing. Moreover, the elimination of discrimination is fundamental to the enjoyment of economic, social and cultural rights on a basis of equality.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0004","docId":"e-c-12-2005-4","idx":4,"n":4,"text":"The Committee on Economic, Social and Cultural Rights (CESCR) has taken particular note of factors negatively affecting the equal right of men and women to the enjoyment of economic, social and cultural rights in many of its general comments, including those on the right to adequate housing,[[fn:2]] the right to adequate food,[[fn:3]] the right to education,[[fn:4]] the right to the highest attainable standard of health,[[fn:5]] and the right to water.[[fn:6]] The Committee also routinely requests information on the equal enjoyment by men and women of the rights guaranteed under the Covenant in its list of issues in relation to States parties’ reports and during its dialogue with States parties.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":2,"text":"Committee on Economic, Social and Cultural Rights (hereinafter CESCR), general comment No. 4 (1991): The right to adequate housing (article 11, paragraph 1 of the Covenant) para. 6; general comment No. 7 (1997): The right to adequate housing (article 11, paragraph 1 of the Covenant): Forced evictions, para. 10."},{"n":3,"text":"CESCR, general comment No. 12 (1999): The right to adequate food (article 11 of the Covenant), para. 26."},{"n":4,"text":"CESCR, general comment No. 11 (1999): Plans for primary education (article 14 of the Covenant), para. 3; general comment No. 13 (1999): The right to education (article 13 of the Covenant), paras. 6 (b), 31 and 32."},{"n":5,"text":"CESCR, general comment No. 14 (2000): The right to the highest attainable standard of health (article 12 of the Covenant), paras. 18-22."},{"n":6,"text":"CESCR, general comment No. 15 (2000): The right to water (articles 11 and 12 of the Covenant), paras. 13 and 14."}],"section":["Introduction"]},{"id":"e-c-12-2005-4-0005","docId":"e-c-12-2005-4","idx":5,"n":5,"text":"Women are often denied equal enjoyment of their human rights, in particular by virtue of the lesser status ascribed to them by tradition and custom, or as a result of overt or covert discrimination. Many women experience distinct forms of discrimination due to the intersection of sex with such factors as race, colour, language, religion, political and other opinion, national or social origin, property, birth, or other status, such as age, ethnicity, disability, marital, refugee or migrant status, resulting in compounded disadvantage.[[fn:7]]","labels":["Refugees & asylum-seekers","Migrants","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":7,"text":"Cf. Committee on the Elimination of Racial Discrimination, general comment XXV (2000): Gender-related dimensions of racial discrimination."}],"section":["Introduction"]},{"id":"e-c-12-2005-4-0006","docId":"e-c-12-2005-4","idx":6,"n":6,"text":"The essence of article 3 of ICESCR is that the rights set forth in the Covenant are to be enjoyed by men and women on a basis of equality, a concept that carries substantive meaning. While expressions of formal equality may be found in constitutional provisions, legislation and policies of Governments, article 3 also mandates the equal enjoyment of the rights in the Covenant for men and women in practice.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","A.  Equality"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0007","docId":"e-c-12-2005-4","idx":7,"n":7,"text":"The enjoyment of human rights on the basis of equality between men and women must be understood comprehensively. Guarantees of non-discrimination and equality in international human rights treaties mandate both de facto and de jure equality. De jure (or formal) equality and de facto (or substantive) equality are different but interconnected concepts. Formal equality assumes that equality is achieved if a law or policy treats men and women in a neutral manner. Substantive equality is concerned, in addition, with the effects of laws, policies and practices and with ensuring that they do not maintain, but rather alleviate, the inherent disadvantage that particular groups experience. E/C.12/2005/4 page 3","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","A.  Equality"]},{"id":"e-c-12-2005-4-0008","docId":"e-c-12-2005-4","idx":8,"n":8,"text":"Substantive equality for men and women will not be achieved simply through the enactment of laws or the adoption of policies that are, prima facie, gender-neutral. In implementing article 3, States parties should take into account that such laws, policies and practice can fail to address or even perpetuate inequality between men and women because they do not take account of existing economic, social and cultural inequalities, particularly those experienced by women.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","A.  Equality"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0009","docId":"e-c-12-2005-4","idx":9,"n":9,"text":"According to article 3, States parties must respect the principle of equality in and before the law. The principle of equality in the law must be respected by the legislature when adopting laws, by ensuring that those laws further equal enjoyment of economic, social and cultural rights by men and women. The principle of equality before the law must be respected by administrative agencies, and courts and tribunals, and implies that those authorities must apply the law equally to men and women.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","A.  Equality"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0010","docId":"e-c-12-2005-4","idx":10,"n":10,"text":"The principle of non-discrimination is the corollary of the principle of equality. Subject to what is stated in paragraph 15 below on temporary special measures, it prohibits differential treatment of a person or group of persons based on his/her or their particular status or situation, such as race, colour, sex, language, religion, political and other opinion, national or social origin, property, birth, or other status, such as age, ethnicity, disability, marital, refugee or migrant status.","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","B.  Non-discrimination"]},{"id":"e-c-12-2005-4-0011","docId":"e-c-12-2005-4","idx":11,"n":11,"text":"Discrimination against women is “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field”.[[fn:8]] Discrimination on the basis of sex may be based on the differential treatment of women because of their biology, such as refusal to hire women because they could become pregnant; or stereotypical assumptions, such as tracking women into low-level jobs on the assumption that they are unwilling to commit as much time to their work as men.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":8,"text":"As defined in article 1 of the Convention on the Elimination of All Forms of Discrimination against Women."}],"section":["I.  CONCEPTUAL FRAMEWORK","B.  Non-discrimination"]},{"id":"e-c-12-2005-4-0012","docId":"e-c-12-2005-4","idx":12,"n":12,"text":"Direct discrimination occurs when a difference in treatment relies directly and explicitly on distinctions based exclusively on sex and characteristics of men or of women, which cannot be justified objectively.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","B.  Non-discrimination"]},{"id":"e-c-12-2005-4-0013","docId":"e-c-12-2005-4","idx":13,"n":13,"text":"Indirect discrimination occurs when a law, policy or programme does not appear to be discriminatory, but has a discriminatory effect when implemented. This can occur, for example, when women are disadvantaged compared to men with respect to the enjoyment of a particular opportunity or benefit due to pre-existing inequalities. Applying a gender-neutral law may leave the existing inequality in place, or exacerbate it.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","B.  Non-discrimination"]},{"id":"e-c-12-2005-4-0014","docId":"e-c-12-2005-4","idx":14,"n":14,"text":"Gender affects the equal right of men and women to the enjoyment of their rights. Gender refers to cultural expectations and assumptions about the behaviour, attitudes, personality traits, and physical and intellectual capacities of men and women, based solely on their identity as men or women. Gender-based assumptions and expectations generally place women at a disadvantage with respect to substantive enjoyment of rights, such as freedom to act and to be recognized as autonomous, fully capable adults, to participate fully in economic, social and E/C.12/2005/4 page 4 political development, and to make decisions concerning their circumstances and conditions. Gender-based assumptions about economic, social and cultural roles preclude the sharing of responsibility between men and women in all spheres that is necessary to equality.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["I.  CONCEPTUAL FRAMEWORK","B.  Non-discrimination"]},{"id":"e-c-12-2005-4-0015","docId":"e-c-12-2005-4","idx":15,"n":15,"text":"The principles of equality and non-discrimination, by themselves, are not always sufficient to guarantee true equality. Temporary special measures may sometimes be needed in order to bring disadvantaged or marginalized persons or groups of persons to the same substantive level as others. Temporary special measures aim at realizing not only de jure or formal equality, but also de facto or substantive equality for men and women. However, the application of the principle of equality will sometimes require that States parties take measures in favour of women in order to attenuate or suppress conditions that perpetuate discrimination. As long as these measures are necessary to redress de facto discrimination and are terminated when de facto equality is achieved, such differentiation is legitimate.[[fn:9]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":9,"text":"However, there is one exception to this general principle: reasons specific to an individual male candidate may tilt the balance in his favour, which is to be assessed objectively, taking into account all criteria pertaining to the individual candidates. This is a requirement of the principle of proportionality."}],"section":["I.  CONCEPTUAL FRAMEWORK","C.  Temporary special measures"]},{"id":"e-c-12-2005-4-0016","docId":"e-c-12-2005-4","idx":16,"n":16,"text":"The equal right of men and women to the enjoyment of economic, social and cultural rights is a mandatory and immediate obligation of States parties.[[fn:10]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":10,"text":"CESCR, general comment No. 3 (1990): The nature of States parties obligations (art. 2, para. 2)."}],"section":["II.  STATES PARTIES’ OBLIGATIONS","A.  General legal obligations"]},{"id":"e-c-12-2005-4-0017","docId":"e-c-12-2005-4","idx":17,"n":17,"text":"The equal right of men and women to the enjoyment of economic, social and cultural rights, like all human rights, imposes three levels of obligations on States parties - the obligation to respect, to protect and to fulfil. The obligation to fulfil further contains duties to provide, promote and facilitate.[[fn:11]] Article 3 sets a non-derogable standard for compliance with the obligations of States parties as set out in articles 6 through 15 of ICESCR.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":11,"text":"According to CESCR general comment Nos. 12 and 13, the obligation to fulfil incorporates an obligation to facilitate and an obligation to provide. In the present general comment, the obligation to fulfil also incorporates an obligation to promote the elimination of all forms of discrimination against women."}],"section":["II.  STATES PARTIES’ OBLIGATIONS","A.  General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-2005-4-0018","docId":"e-c-12-2005-4","idx":18,"n":18,"text":"The obligation to respect requires States parties to refrain from discriminatory actions that directly or indirectly result in the denial of the equal right of men and women to their enjoyment of economic, social and cultural rights. Respecting the right obliges States parties not to adopt, and to repeal laws and rescind, policies, administrative measures and programmes that do not conform with the right protected by article 3. In particular, it is incumbent upon States parties to take into account the effect of apparently gender-neutral laws, policies and programmes and to consider whether they could result in a negative impact on the ability of men and women to enjoy their human rights on a basis of equality.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","B.  Specific legal obligations","1.  Obligation to respect"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0019","docId":"e-c-12-2005-4","idx":19,"n":19,"text":"The obligation to protect requires States parties to take steps aimed directly at the elimination of prejudices, customary and all other practices that perpetuate the notion of inferiority or superiority of either of the sexes, and stereotyped roles for men and women. States parties’ obligation to protect under article 3 of ICESCR includes, inter alia, the respect and adoption of constitutional and legislative provisions on the equal right of men and women to E/C.12/2005/4 page 5 enjoy all human rights and the prohibition of discrimination of any kind; the adoption of legislation to eliminate discrimination and to prevent third parties from interfering directly or indirectly with the enjoyment of this right; the adoption of administrative measures and programmes, as well as the establishment of public institutions, agencies and programmes to protect women against discrimination.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","B.  Specific legal obligations","2.  Obligation to protect"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0020","docId":"e-c-12-2005-4","idx":20,"n":20,"text":"States parties have an obligation to monitor and regulate the conduct of non-State actors to ensure that they do not violate the equal right of men and women to enjoy economic, social and cultural rights. This obligation applies, for example, in cases where public services have been partially or fully privatized.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","B.  Specific legal obligations","2.  Obligation to protect"]},{"id":"e-c-12-2005-4-0021","docId":"e-c-12-2005-4","idx":21,"n":21,"text":"21. The obligation to fulfil requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps should include:","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","B.  Specific legal obligations","3.  Obligation to fulfil"]},{"id":"e-c-12-2005-4-0022","docId":"e-c-12-2005-4","idx":22,"n":22,"text":"Article 3 is a cross-cutting obligation and applies to all the rights contained in articles 6 to 15 of the Covenant. It requires addressing gender-based social and cultural prejudices, providing for equality in the allocation of resources, and promoting the sharing of responsibilities in the family, community and public life. The examples provided in the following paragraphs may be taken as guidance on the ways in which article 3 applies to other rights in the Covenant, but are not intended to be exhaustive.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0023","docId":"e-c-12-2005-4","idx":23,"n":23,"text":"Article 6, paragraph 1, of the Covenant requires States parties to safeguard the right of everyone to the opportunity to gain a living by work which is freely chosen or accepted and to take the necessary steps to achieve the full realization of this right. Implementing article 3, in relation to article 6, requires inter alia, that in law and in practice, men and women have equal access to jobs at all levels and all occupations and that vocational training and guidance programmes, in both the public and private sectors, provide men and women with the skills, information and knowledge necessary for them to benefit equally from the right to work.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-2005-4-0024","docId":"e-c-12-2005-4","idx":24,"n":24,"text":"Article 7 (a) of the Covenant requires States parties to recognize the right of everyone to enjoy just and favourable conditions of work and to ensure, among other things, fair wages and equal pay for work of equal value. Article 3, in relation to article 7 requires, inter alia, that the State party identify and eliminate the underlying causes of pay differentials, such as gender-biased job evaluation or the perception that productivity differences between men and women exist. Furthermore, the State party should monitor compliance by the private sector with national legislation on working conditions through an effectively functioning labour inspectorate. The State party should adopt legislation that prescribes equal consideration in promotion, non-wage compensation and equal opportunity and support for vocational or professional development in the workplace. Finally, the State party should reduce the constraints faced by men and women in reconciling professional and family responsibilities by promoting adequate policies for childcare and care of dependent family members.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-2005-4-0025","docId":"e-c-12-2005-4","idx":25,"n":25,"text":"Article 8, paragraph 1 (a), of the Covenant requires States parties to ensure the right of everyone to form and join trade unions of his or her choice. Article 3, in relation to article 8, requires allowing men and women to organize and join workers’ associations that address their specific concerns. In this regard, particular attention should be given to domestic workers, rural women, women working in female-dominated industries and women working at home, who are often deprived of this right.","labels":["Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"}]},{"id":"e-c-12-2005-4-0026","docId":"e-c-12-2005-4","idx":26,"n":26,"text":"26. Article 9 of the Covenant requires that States parties recognize the right of everyone to social security, including social insurance, and to equal access to social services. Implementing article 3, in relation to article 9, requires, inter alia, equalizing the compulsory retirement age for","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-c-12-2005-4-0027","docId":"e-c-12-2005-4","idx":27,"n":27,"text":"Article 10, paragraph 1, of the Covenant requires that States parties recognize that the widest possible protection and assistance should be accorded to the family, and that marriage must be entered into with the free consent of the intending spouses. Implementing article 3, in relation to article 10, requires States parties, inter alia, to provide victims of domestic violence, who are primarily female, with access to safe housing, remedies and redress for physical, mental and emotional damage; to ensure that men and women have an equal right to choose if, whom and when to marry - in particular, the legal age of marriage for men and women should be the same, and boys and girls should be protected equally from practices that promote child marriage, marriage by proxy, or coercion; and to ensure that women have equal rights to marital property and inheritance upon their husband’s death. Gender-based violence is a form of discrimination that inhibits the ability to enjoy rights and freedoms, including economic, social and cultural rights, on a basis of equality. States parties must take appropriate measures to eliminate violence against men and women and act with due diligence to prevent, investigate, mediate, punish and redress acts of violence against them by private actors.","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-c-12-2005-4-0028","docId":"e-c-12-2005-4","idx":28,"n":28,"text":"Article 11 of the Covenant requires States parties to recognize the right of everyone to an adequate standard of living for him/herself and his/her family, including adequate housing (para. 1) and adequate food (para. 2). Implementing article 3, in relation to article 11, paragraph 1, requires that women have a right to own, use or otherwise control housing, land and property on an equal basis with men, and to access necessary resources to do so. Implementing article 3, in relation to article 11, paragraph 2, also requires States parties, inter alia, to ensure that women have access to or control over means of food production, and actively to address customary practices under which women are not allowed to eat until the men are fully fed, or are only allowed less nutritious food.[[fn:12]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":12,"text":"Other examples of obligations and possible violations of article 3 in relation to article 11 (1) and (2) are further discussed in CESCR general comment No. 12, para. 26."}],"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-2005-4-0029","docId":"e-c-12-2005-4","idx":29,"n":29,"text":"Article 12 of the Covenant requires States parties to undertake steps towards the full realization of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. The implementation of article 3, in relation to article 12, requires at a minimum the removal of legal and other obstacles that prevent men and women from accessing and benefiting from health care on a basis of equality. This includes, inter alia, addressing the ways in which gender roles affect access to determinants of health, such as water and food; the removal of legal restrictions on reproductive health provisions; the prohibition of female genital mutilation; and the provision of adequate training for health-care workers to deal with women’s health issues.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":13,"text":"CESCR general comment No. 14. paras. 18-21."}],"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-2005-4-0030","docId":"e-c-12-2005-4","idx":30,"n":30,"text":"Article 13, paragraph 1, of the Covenant requires States parties to recognize the right of everyone to education and in paragraph 2 (a) stipulates that primary education shall be compulsory and available free to all. Implementing article 3, in relation to article 13, requires, inter alia, the adoption of legislation and policies to ensure the same admission criteria for boys and girls at all levels of education. States parties should ensure, in particular through information and awareness-raising campaigns, that families desist from giving preferential treatment to boys when sending their children to school, and that curricula promote equality and non-discrimination. States parties must create favourable conditions to ensure the safety of children, in particular girls, on their way to and from school. E/C.12/2005/4 page 8","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-2005-4-0031","docId":"e-c-12-2005-4","idx":31,"n":31,"text":"Article 15, paragraph 1 (a) and (b), of the Covenant require States parties to recognize the right of everyone to take part in cultural life and to enjoy the benefits of scientific progress. Implementing article 3, in relation to article 15, paragraph 1 (a) and (b), requires, inter alia, overcoming institutional barriers and other obstacles, such as those based on cultural and religious traditions, which prevent women from fully participating in cultural life, science education and scientific research, and directing resources to scientific research relating to the health and economic needs of women on an equal basis with those of men.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["II.  STATES PARTIES’ OBLIGATIONS","C.  Specific examples of States parties’ obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-2005-4-0032","docId":"e-c-12-2005-4","idx":32,"n":32,"text":"The most appropriate ways and means of implementing the right under article 3 of the Covenant will vary from one State party to another. Every State party has a margin of discretion in adopting appropriate measures in complying with its primary and immediate obligation to ensure the equal right of men and women to the enjoyment of all their economic, social and cultural rights. Among other things, States parties must, integrate into national plans of action for human rights appropriate strategies to ensure the equal right of men and women to the enjoyment of economic, social and cultural rights.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0033","docId":"e-c-12-2005-4","idx":33,"n":33,"text":"These strategies should be based on the systematic identification of policies, programmes and activities relevant to the situation and context within the State, as derived from the normative content of article 3 of the Covenant and spelled out in relation to the levels and nature of States parties’ obligations referred to in paragraphs 16 to 21 above. The strategies should give particular attention to the elimination of discrimination in the enjoyment of economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0034","docId":"e-c-12-2005-4","idx":34,"n":34,"text":"States parties should periodically review existing legislation, policies, strategies and programmes in relation to economic, social and cultural rights, and adopt any necessary changes to ensure that they are consonant with their obligations under article 3 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0035","docId":"e-c-12-2005-4","idx":35,"n":35,"text":"The adoption of temporary special measures may be necessary to accelerate the equal enjoyment by women of all economic, social and cultural rights and to improve the de facto position of women.[[fn:14]] Temporary special measures should be distinguished from permanent policies and strategies undertaken to achieve equality of men and women.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"footnotes":[{"n":14,"text":"Reference is made in this regard to general recommendation No. 25 on article 4, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women adopted by the Committee on the Elimination of Discrimination against Women (CEDAW), CESCR general comment No. 13 and the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights. -----"}],"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"]},{"id":"e-c-12-2005-4-0036","docId":"e-c-12-2005-4","idx":36,"n":36,"text":"States parties are encouraged to adopt temporary special measures to accelerate the achievement of equality between men and women in the enjoyment of the rights under the Covenant. Such measures are not to be considered discriminatory in themselves as they are grounded in the State’s obligation to eliminate disadvantage caused by past and current discriminatory laws, traditions and practices. The nature, duration and application of such measures should be designed with reference to the specific issue and context, and should be adjusted as circumstances require. The results of such measures should be monitored with a view to being discontinued when the objectives for which they are undertaken have been achieved. E/C.12/2005/4 page 9","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"]},{"id":"e-c-12-2005-4-0037","docId":"e-c-12-2005-4","idx":37,"n":37,"text":"The right of individuals and groups of individuals to participate in decision-making processes that may affect their development must be an integral component of any policy, programme or activity developed to discharge governmental obligations under article 3 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","A.  Policies and strategies"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0038","docId":"e-c-12-2005-4","idx":38,"n":38,"text":"National policies and strategies should provide for the establishment of effective mechanisms and institutions where they do not exist, including administrative authorities, ombudsmen and other national human rights institutions, courts and tribunals. These institutions should investigate and address alleged violations relating to article 3 and provide remedies for such violations. States parties, for their part, should ensure that such remedies are effectively implemented.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","B.  Remedies and accountability"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-2005-4-0039","docId":"e-c-12-2005-4","idx":39,"n":39,"text":"National policies and strategies should identify appropriate indicators and benchmarks on the right to equal enjoyment by men and women of economic, social and cultural rights in order to effectively monitor the implementation by the State party of its obligations under the Covenant in this regard. Disaggregated statistics, provided within specific time frames, are necessary to measure the progressive realization of economic, social and cultural rights by men and women, where appropriate.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["III.  IMPLEMENTATION AT THE NATIONAL LEVEL","C.  Indicators and benchmarks"]},{"id":"e-c-12-2005-4-0040","docId":"e-c-12-2005-4","idx":40,"n":40,"text":"States parties must fulfil their immediate and primary obligation to ensure the equal right of men and women to the enjoyment of economic, social and cultural rights.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["IV.  VIOLATIONS"]},{"id":"e-c-12-2005-4-0041","docId":"e-c-12-2005-4","idx":41,"n":41,"text":"The principle of equality between men and women is fundamental to the enjoyment of each of the specific rights enumerated in the Covenant. Failure to ensure formal and substantive equality in the enjoyment of any of these rights constitutes a violation of that right. Elimination of de jure as well as de facto discrimination is required for the equal enjoyment of economic, social and cultural rights. Failure to adopt, implement and monitor effects of laws, policies and programmes to eliminate de jure and de facto discrimination with respect to each of the rights enumerated in articles 6 to 15 of the Covenant constitutes a violation of those rights.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["IV.  VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-2005-4-0042","docId":"e-c-12-2005-4","idx":42,"n":42,"text":"42. Violations of the rights contained in the Covenant can occur through the direct action of, failure to act or omission by States parties, or through their institutions or agencies at the national and local levels. The adoption and undertaking of any retrogressive measures that affect the equal right of men and women to the enjoyment of the all the rights set forth in the Covenant constitutes a violation of article 3.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2005,"section":["IV.  VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-17-0001","docId":"e-c-12-gc-17","idx":1,"n":1,"text":"The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author is a human right, which derives from the inherent dignity and worth of all persons. This fact distinguishes article 15, paragraph 1 (c), and other human rights from most legal entitlements recognized in intellectual property systems. Human rights are fundamental, inalienable and universal entitlements belonging to individuals and, under certain circumstances, groups of individuals and communities. Human rights are fundamental as they are inherent to the human person as such, whereas intellectual property rights are first and foremost means by which States seek to provide incentives for inventiveness and creativity, encourage the dissemination of creative and innovative productions, as well as the development of cultural identities, and preserve the integrity of scientific, literary and artistic productions for the benefit of society as a whole.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0002","docId":"e-c-12-gc-17","idx":2,"n":2,"text":"In contrast to human rights, intellectual property rights are generally of a temporary nature, and can be revoked, licensed or assigned to someone else. While under most intellectual property systems, intellectual property rights, often with the exception of moral rights, may be allocated, limited in time and scope, traded, amended and even forfeited, human rights are timeless expressions of fundamental entitlements of the human person. Whereas the human right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions safeguards the personal link between authors and their creations and between peoples, communities, or other groups and their collective cultural heritage, as well as their basic material interests which are necessary to enable authors to enjoy an adequate standard of living, intellectual property regimes primarily protect business and corporate interests and investments. Moreover, the scope of protection of the moral and material interests of the author provided for by article 15, paragraph 1 (c), does not necessarily coincide with what is referred to as intellectual property rights under national legislation or international agreements.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":1,"text":"Relevant international instruments include, inter alia, the Paris Convention for the Protection of Industrial Property, as last revised in 1967; the Berne Convention for the Protection of Literary and Artistic Works, as last revised in 1979; the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention); the WIPO Copyright Treaty; the WIPO Performances and Phonograms Treaty (which, inter alia, provides international protection for performers of “expressions of folklore”),"}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0003","docId":"e-c-12-gc-17","idx":3,"n":3,"text":"It is therefore important not to equate intellectual property rights with the human right recognized in article 15, paragraph 1 (c). The human right to benefit from the protection of the moral and material interests of the author is recognized in a number of international instruments. In identical language, article 27, paragraph 2, of the Universal Declaration of Human Rights provides: “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” Similarly, this right is recognized in regional human rights instruments, such as article 13, paragraph 2, of the American Declaration of the Rights and Duties of Man of 1948, article 14, paragraph 1 (c), of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights of 1988 (“Protocol of San Salvador”) and, albeit not explicitly, in article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1952 (European Convention on Human Rights).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 15, paragraph 1 (c)' in CESCR GC17 on authors' moral and material interests; ICESCR art.15."},{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27, paragraph 2, of the Universal Declaration of Human Rights'; UDHR is non-treaty."},{"article":"13","treaty":"?","confidence":"high","source":"opus","rationale":"'article 13, paragraph 2, of the American Declaration of the Rights and Duties of Man of 1948'; regional non-treaty declaration."},{"article":"14","treaty":"?","confidence":"high","source":"opus","rationale":"'article 14, paragraph 1 (c), of the Additional Protocol to the American Convention on Human Rights' (Protocol of San Salvador); regional treaty not in enumerated list."},{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"'article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms' (ECHR Protocol 1); regional, not in enumerated list."}]},{"id":"e-c-12-gc-17-0004","docId":"e-c-12-gc-17","idx":4,"n":4,"text":"4. The right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions seeks to encourage the active contribution of creators to the arts and sciences and to the progress of society as a whole. As such, it is intrinsically linked to the other rights recognized in article 15 of the Covenant, i.e. the right to","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":2,"text":"See article 17 of the Universal Declaration of Human Rights; article 5 (d) (v) of the International Convention on the Elimination of All Forms of Racial Discrimination; article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights); article 21 of the American Convention on Human Rights; and article 4 of the African Charter on Human and Peoples’ Rights (Banjul Charter)."},{"n":3,"text":"See article 19 of the Universal Declaration of Human Rights; article 19, paragraph 2, of the International Covenant on Civil and Political Rights; article 5 of the European Convention on Human Rights; article 13 of the American Declaration on Human Rights and article 9 of the African Charter on Human and People’s Rights."},{"n":4,"text":"See article 26, paragraph 2, of the Universal Declaration of Human Rights. See also article 13, paragraph 1, of the Covenant."},{"n":5,"text":"See article 5 (e) (vi) of the Convention on the Elimination of All Forms of Racial Discrimination; article 14 of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador) and article 17, paragraph 2, of the African Charter on Human and Peoples’ Rights."},{"n":6,"text":"See article 27 of the International Covenant on Civil and Political Rights; article 13 (c) of the Convention on the Elimination of all Forms of Discrimination against Women; article 31 of the Convention on the Rights of the Child and article 31 of the International Convention on the Rights of All Migrant Workers and Members of their Families."}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0005","docId":"e-c-12-gc-17","idx":5,"n":5,"text":"With a view to assisting States parties’ implementation of the Covenant and fulfilment of their reporting obligations, this general comment focuses on the normative content of article 15, paragraph 1 (c) (Part I), States parties’ obligations (Part II), violations (Part III) and implementation at the national level (Part IV), while the obligations of actors other than States parties are addressed in Part V.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0006","docId":"e-c-12-gc-17","idx":6,"n":6,"text":"Article 15, paragraph 1, enumerates, in three paragraphs, three rights covering different aspects of cultural participation, including the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (art. 15, para. 1 (c)), without explicitly defining the content and scope of this right. Therefore, each of the elements of article 15, paragraph 1 (c), requires interpretation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0007","docId":"e-c-12-gc-17","idx":7,"n":7,"text":"The Committee considers that only the “author”, namely the creator, whether man or woman, individual or group of individuals,[[fn:7]] of scientific, literary or artistic productions, such as, inter alia, writers and artists, can be the beneficiary of the protection of article 15, paragraph 1 (c). This follows from the words “everyone”, “he” and “author”, which indicate that the drafters of that article seemed to have believed authors of scientific, literary or artistic productions to be natural persons,[[fn:8]] without at that time realizing that they could also be groups of individuals. Under the existing international treaty protection regimes, legal entities are included among the holders of intellectual property rights. However, as noted above, their entitlements, because of their different nature, are not protected at the level of human rights.[[fn:9]] E/C.12/GC/17 page 4","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":7,"text":"See also paragraph 32 below."},{"n":8,"text":"See Maria Green, International Anti-Poverty Law Centre, “Drafting history of article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights”, E/C.12/2000/15, paragraph 45."},{"n":9,"text":"Committee on Economic, Social and Cultural Rights, twenty-seventh session (2001), “Human Rights and Intellectual Property”, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 6."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Author”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0008","docId":"e-c-12-gc-17","idx":8,"n":8,"text":"Although the wording of article 15, paragraph 1 (c), generally refers to the individual creator (“everyone”, “he”, “author”), the right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary or artistic productions can, under certain circumstances, also be enjoyed by groups of individuals or by communities.[[fn:10]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":10,"text":"See also paragraph 32 below."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Author”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0009","docId":"e-c-12-gc-17","idx":9,"n":9,"text":"The Committee considers that “any scientific, literary or artistic production”, within the meaning of article 15, paragraph 1 (c), refers to creations of the human mind, that is to “scientific productions”, such as scientific publications and innovations, including knowledge, innovations and practices of indigenous and local communities, and “literary and artistic productions”, such as, inter alia, poems, novels, paintings, sculptures, musical compositions, theatrical and cinematographic works, performances and oral traditions.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Any scientific, literary or artistic production”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0010","docId":"e-c-12-gc-17","idx":10,"n":10,"text":"The Committee considers that article 15, paragraph 1 (c), recognizes the right of authors to benefit from some kind of protection of the moral and material interests resulting from their scientific, literary or artistic productions, without specifying the modalities of such protection. In order not to render this provision devoid of any meaning, the protection afforded needs to be effective in securing for authors the moral and material interests resulting from their productions. However, the protection under article 15, paragraph 1 (c), need not necessarily reflect the level and means of protection found in present copyright, patent and other intellectual property regimes, as long as the protection available is suited to secure for authors the moral and material interests resulting from their productions, as defined in paragraphs 12 to 16 below.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Benefit from the protection”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0011","docId":"e-c-12-gc-17","idx":11,"n":11,"text":"The Committee observes that, by recognizing the right of everyone to “benefit from the protection” of the moral and material interests resulting from one’s scientific, literary or artistic productions, article 15, paragraph 1 (c), by no means prevents States parties from adopting higher protection standards in international treaties on the protection of the moral and material interests of authors or in their domestic laws,[[fn:11]] provided that these standards do not unjustifiably limit the enjoyment by others of their rights under the Covenant.[[fn:12]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":11,"text":"See article 5, paragraph 2 of the Covenant."},{"n":12,"text":"See below, at paragraphs 22, 23 and 35. See also articles 4 and 5 of the Covenant."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Benefit from the protection”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0012","docId":"e-c-12-gc-17","idx":12,"n":12,"text":"The protection of the “moral interests” of authors was one of the main concerns of the drafters of article 27, paragraph 2, of the Universal Declaration of Human Rights: “Authors of all artistic, literary, scientific works and inventors shall retain, in addition to just remuneration of their labour, a moral right on their work and/or discovery which shall not disappear, even after such a work shall have become the common property of mankind.”[[fn:13]] Their intention was to proclaim the intrinsically personal character of every creation of the human mind and the ensuing durable link between creators and their creations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":13,"text":"Commission on Human Rights, second session, Report of the Working Group on the Declaration on Human Rights, E/CN.4/57, 10 December 1947, page 15."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Moral interests”"],"citedArticles":[{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27, paragraph 2, of the Universal Declaration of Human Rights'; UDHR is non-treaty."}]},{"id":"e-c-12-gc-17-0013","docId":"e-c-12-gc-17","idx":13,"n":13,"text":"13. In line with the drafting history of article 27, paragraph 2, of the Universal Declaration of Human Rights and article 15, paragraph 1 (c), of the Covenant, the Committee considers that “moral interests” in article 15, paragraph 1 (c), include the right of authors to be recognized as","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":14,"text":"See article 6 bis of the Berne Convention for the Protection of Literary and Artistic Works."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Moral interests”"],"citedArticles":[{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27, paragraph 2, of the Universal Declaration of Human Rights'; UDHR is non-treaty."},{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 15, paragraph 1 (c), of the Covenant' in CESCR GC17; ICESCR art.15."},{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Second 'article 15, paragraph 1 (c)' in same sentence (Covenant); ICESCR."}]},{"id":"e-c-12-gc-17-0014","docId":"e-c-12-gc-17","idx":14,"n":14,"text":"The Committee stresses the importance of recognizing the value of scientific, literary and artistic productions as expressions of the personality of their creator, and notes that protection of moral interests can be found, although to a varying extent, in most States, regardless of the legal system in force.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Moral interests”"]},{"id":"e-c-12-gc-17-0015","docId":"e-c-12-gc-17","idx":15,"n":15,"text":"The protection of “material interests” of authors in article 15, paragraph 1 (c), reflects the close linkage of this provision with the right to own property, as recognized in article 17 of the Universal Declaration of Human Rights and in regional human rights instruments, as well as with the right of any worker to adequate remuneration (art. 7 (a)). Unlike other human rights, the material interests of authors are not directly linked to the personality of the creator, but contribute to the enjoyment of the right to an adequate standard of living (art. 11, para. 1).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Material interests”"],"citedArticles":[{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 15, paragraph 1 (c)' on protection of material interests of authors; ICESCR art.15."},{"article":"17","treaty":"?","confidence":"high","source":"opus","rationale":"'article 17 of the Universal Declaration of Human Rights' on right to own property; UDHR is non-treaty."},{"article":"7","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'art. 7 (a)' on adequate remuneration in CESCR GC17 context; ICESCR art.7."},{"article":"11","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'art. 11, para. 1' on adequate standard of living in CESCR GC; ICESCR art.11."}]},{"id":"e-c-12-gc-17-0016","docId":"e-c-12-gc-17","idx":16,"n":16,"text":"The term of protection of material interests under article 15, paragraph 1 (c), need not extend over the entire lifespan of an author. Rather, the purpose of enabling authors to enjoy an adequate standard of living can also be achieved through one-time payments or by vesting an author, for a limited period of time, with the exclusive right to exploit his scientific, literary or artistic production.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Material interests”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0017","docId":"e-c-12-gc-17","idx":17,"n":17,"text":"The word “resulting” stresses that authors only benefit from the protection of such moral and material interests which are directly generated by their scientific, literary or artistic productions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","“Resulting”"]},{"id":"e-c-12-gc-17-0018","docId":"e-c-12-gc-17","idx":18,"n":18,"text":"18. The right to the protection of the moral and material interests of authors contains the following essential and interrelated elements, the precise application of which will depend on the economic, social and cultural conditions prevailing in a particular State party:","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Conditions for States parties’ compliance with article 15, paragraph 1 (c)"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0019","docId":"e-c-12-gc-17","idx":19,"n":19,"text":"Article 2, paragraph 2, and article 3 of the Covenant prohibit any discrimination in the access to an effective protection of the moral and material interests of authors, including administrative, judicial and other remedies, on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right as recognized in article 15, paragraph 1 (c).[[fn:15]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":15,"text":"This prohibition, to some extent, duplicates the national treatment provisions contained in international conventions for the protection of intellectual property, the main difference being that articles 2, paragraph 2 and 3 of the Covenant apply not only to foreigners but also to a State party’s own nationals (see articles 6 to 15 of the Covenant: “everyone”). See also Committee on Economic, Social and Cultural Rights, thirty-fourth session, general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights, 13 May 2005."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0020","docId":"e-c-12-gc-17","idx":20,"n":20,"text":"The Committee stresses that the elimination of discrimination to ensure equal access to an effective protection of the moral and material interests of authors can often be achieved with limited resources through the adoption or amendment or abrogation of legislation or through the dissemination of information. The Committee recalls general comment No. 3 (1990) on the nature of States parties’ obligations, paragraph 12, which states that even in times of severe resource constraints, the disadvantaged and marginalized individuals and groups of society must be protected by the adoption of relatively low-cost targeted programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-17-0021","docId":"e-c-12-gc-17","idx":21,"n":21,"text":"21. The adoption of temporary special measures taken for the sole purpose of securing de facto equality for disadvantaged or marginalized individuals or groups, as well as those subjected to discrimination is not a violation of the right to benefit from the protection of the moral and material interests of the author, provided that such measures do not perpetuate unequal or separate protection standards for different individuals or groups and are discontinued once the objectives for which they were adopted are achieved.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-17-0022","docId":"e-c-12-gc-17","idx":22,"n":22,"text":"The right to the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions is subject to limitations and must be balanced with the other rights recognized in the Covenant.[[fn:16]] However, limitations on the rights protected under article 15, paragraph 1 (c), must be determined by law in a manner compatible with the nature of these rights, must pursue a legitimate aim, and must be strictly necessary for the promotion of the general welfare in a democratic society, in accordance with article 4 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":16,"text":"See paragraph 35 below. The need to strike an adequate balance between article 15, paragraph 1 (c), and other rights under the Covenant applies, in particular, to the rights to take part in cultural life (art. 15, para. 1 (a)) and to enjoy the benefits of scientific progress and its applications (art. 15, para. 1 (b)), as well as the rights to food (art. 11), health (art. 12) and education (art. 13)."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-17-0023","docId":"e-c-12-gc-17","idx":23,"n":23,"text":"Limitations must therefore be proportionate, meaning that the least restrictive measures must be adopted when several types of limitations may be imposed. Limitations must be compatible with the very nature of the rights protected in article 15, paragraph 1 (c), which lies in the protection of the personal link between the author and his/her creation and of the means which are necessary to enable authors to enjoy an adequate standard of living.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0024","docId":"e-c-12-gc-17","idx":24,"n":24,"text":"The imposition of limitations may, under certain circumstances, require compensatory measures, such as payment of adequate compensation[[fn:17]] for the use of scientific, literary or artistic productions in the public interest.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":17,"text":"See article 17, paragraph 2, of the Universal Declaration of Human Rights; article 21, paragraph 2, of the American Convention on Human Rights and article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms."}],"section":["II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-17-0025","docId":"e-c-12-gc-17","idx":25,"n":25,"text":"While the Covenant provides for progressive realization and acknowledges constraints based on limits of available resources (art. 2, para. 1), it also imposes on States parties various obligations that are of an immediate effect, including core obligations. Steps taken to fulfil obligations must be deliberate, concrete and targeted towards the full realization of the right of everyone to benefit from the protection of the moral and material benefits resulting from any scientific, literary or artistic production of which he or she is the author.[[fn:18]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":18,"text":"See general comment No. 3 (1990), at paragraph 9; general comment No. 13 (1999) on the right to education, at paragraph 43 and general comment No. 14 (2000) on the right to the highest attainable standard of health, at paragraph 30. See also the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights (Limburg Principles), at paragraphs 16 and 22, Maastricht, 2-6 June 1986."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-17-0026","docId":"e-c-12-gc-17","idx":26,"n":26,"text":"The progressive realization of that right over a period of time means that States parties have a specific and continuing obligation to move as expeditiously and effectively as possible towards the full realization of article 15, paragraph 1 (c).[[fn:19]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":19,"text":"See general comment No. 3 (1990), paragraph 9; general comment No. 13 (1999), paragraph 44; general comment No. 14 (2000), paragraph 31. See also Limburg Principles, paragraph 21."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0027","docId":"e-c-12-gc-17","idx":27,"n":27,"text":"As in the case of all other rights contained in the Covenant, there is a strong presumption that retrogressive measures taken in relation to the right to the protection of the moral and material interests of authors are not permissible. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after careful consideration of all alternatives and that they are duly justified in the light of the totality of the rights recognized in the Covenant.[[fn:20]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":20,"text":"See general comment No. 3 (1990), at paragraph 9; general comment No. 13 (1999), at paragraph 45 and general comment No. 14 (2000), at paragraph 32."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"]},{"id":"e-c-12-gc-17-0028","docId":"e-c-12-gc-17","idx":28,"n":28,"text":"28. The right of everyone to benefit from the protection of the moral and material benefits resulting from any scientific, literary or artistic production of which he or she is the author, like all human rights, imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. The obligation to respect requires States parties to refrain from interfering directly or indirectly with the enjoyment of the right to benefit from the protection of the moral and material interests of the author. The obligation to protect requires States parties to","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":21,"text":"See general comment No. 13 (1999), at paragraphs 46 and 47, and general comment No. 14 (2000), at paragraph 33. See also Maastricht Guidelines on Violations of Economic, Social and Cultural Rights (Maastricht Guidelines), paragraph 6, Maastricht, 22-26 January 1997."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0029","docId":"e-c-12-gc-17","idx":29,"n":29,"text":"The full realization of article 15, paragraph 1 (c), requires measures necessary for the conservation, development and diffusion of science and culture. This follows from article 15, paragraph 2, of the Covenant, which defines obligations that apply to each aspect of the rights recognized in article 15, paragraph 1, including the right of authors to benefit from the protection of their moral and material interests.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0030","docId":"e-c-12-gc-17","idx":30,"n":30,"text":"States parties are under an obligation to respect the human right to benefit from the protection of the moral and material interests of authors by, inter alia, abstaining from infringing the right of authors to be recognized as the creators of their scientific, literary or artistic productions and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, their productions that would be prejudicial to their honour or reputation. States parties must abstain from unjustifiably interfering with the material interests of authors, which are necessary to enable those authors to enjoy an adequate standard of living.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-17-0031","docId":"e-c-12-gc-17","idx":31,"n":31,"text":"Obligations to protect include the duty of States parties to ensure the effective protection of the moral and material interests of authors against infringement by third parties. In particular, States parties must prevent third parties from infringing the right of authors to claim authorship of their scientific, literary or artistic productions, and from distorting, mutilating or otherwise modifying, or taking any derogatory action in relation to such productions in a manner that would be prejudicial to the author’s honour or reputation. Similarly, States parties are obliged to prevent third parties from infringing the material interests of authors resulting from their productions. To that effect, States parties must prevent the unauthorized use of scientific, literary and artistic productions that are easily accessible or reproducible through modern communication and reproduction technologies, e.g. by establishing systems of collective administration of authors’ rights or by adopting legislation requiring users to inform authors of any use made of their productions and to remunerate them adequately. States parties must ensure that third parties adequately compensate authors for any unreasonable prejudice suffered as a consequence of the unauthorized use of their productions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-17-0032","docId":"e-c-12-gc-17","idx":32,"n":32,"text":"32. With regard to the right to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of indigenous peoples, States parties should adopt measures to ensure the effective protection of the interests of indigenous peoples relating to their productions, which are often expressions of their cultural heritage and traditional knowledge. In adopting measures to protect scientific, literary and artistic productions of indigenous peoples, States parties should take into account their preferences. Such protection might include the adoption of measures to recognize, register and protect the individual or collective authorship of indigenous peoples under national intellectual property rights regimes and should prevent the unauthorized use of scientific, literary and artistic productions of indigenous peoples by third parties. In implementing these protection measures, States parties should respect the principle of free, prior and informed consent of the indigenous authors","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-17-0033","docId":"e-c-12-gc-17","idx":33,"n":33,"text":"States parties in which ethnic, religious or linguistic minorities exist are under an obligation to protect the moral and material interests of authors belonging to these minorities through special measures to preserve the distinctive character of minority cultures.[[fn:22]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":22,"text":"See article 15, paragraph 1 (c), of the Covenant, read in conjunction with article 27 of the International Covenant on Civil and Political Rights. See also UNESCO, General Conference, nineteenth session, Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It, adopted on 26 November 1976, at paragraph I (2) (f)."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-17-0034","docId":"e-c-12-gc-17","idx":34,"n":34,"text":"The obligation to fulfil (provide) requires States parties to provide administrative, judicial or other appropriate remedies in order to enable authors to claim the moral and material interests resulting from their scientific, literary or artistic productions and to seek and obtain effective redress in cases of violation of these interests.[[fn:23]] States parties are also required to fulfil (facilitate) the right in article 15, paragraph 1 (c), e.g. by taking financial and other positive measures which facilitate the formation of professional and other associations representing the moral and material interests of authors, including disadvantaged and marginalized authors, in line with article 8, paragraph 1 (a), of the Covenant.[[fn:24]] The obligation to fulfil (promote) requires States parties to ensure the right of authors of scientific, literary and artistic productions to take part in the conduct of public affairs and in any significant decision-making processes that have an impact on their rights and legitimate interests, and to consult these individuals or groups or their elected representatives prior to the adoption of any significant decisions affecting their rights under article 15, paragraph 1 (c).[[fn:25]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":23,"text":"See Committee on Economic, Social and Cultural Rights, nineteenth session, general comment No. 9 (1998) on the domestic application of the Covenant, at paragraph 9. See also article 8 of the Universal Declaration of Human Rights and article 2, paragraph 3, of the International Covenant on Civil and Political Rights."},{"n":24,"text":"See also article 22, paragraph 1, of the International Covenant on Civil and Political Rights."},{"n":25,"text":"See Committee on Economic, Social and Cultural Rights, twenty-seventhsession (2001), “Human Rights and Intellectual Property”, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 9."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0035","docId":"e-c-12-gc-17","idx":35,"n":35,"text":"35. The right of authors to benefit from the protection of the moral and material interests resulting from their scientific, literary and artistic productions cannot be isolated from the other rights recognized in the Covenant. States parties are therefore obliged to strike an adequate balance between their obligations under article 15, paragraph 1 (c), on one hand, and under the other provisions of the Covenant, on the other hand, with a view to promoting and protecting the full range of rights guaranteed in the Covenant. In striking this balance, the private interests of authors should not be unduly favoured and the public interest in enjoying broad access to their productions should be given due consideration. States parties should therefore ensure that their legal or other regimes for the protection of the moral and material interests resulting from one’s scientific, literary or artistic productions constitute no impediment to their ability to comply with their core obligations in relation to the rights to food, health and education, as well as to take part in cultural life and to enjoy the benefits of scientific progress and its applications, or any other right enshrined in the Covenant. Ultimately, intellectual property is a social product and has a social function. States parties thus have a duty to prevent unreasonably high costs for access to essential medicines, plant seeds or other means of food production, or for schoolbooks and learning materials, from undermining the rights of large segments of the population to health, food and education. Moreover, States parties should prevent the use of scientific and technical progress for purposes contrary to human rights and dignity, including the rights to life, health and privacy, e.g. by excluding inventions from patentability whenever their commercialization would jeopardize the full realization of these rights. States parties should, in particular, consider to what extent the patenting of the human body and its parts would affect their obligations under the Covenant or under other relevant international human rights instruments.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":26,"text":"Ibid., at paragraph 17.","isIbid":true,"resolvedText":"See Committee on Economic, Social and Cultural Rights, twenty-seventhsession (2001), “Human Rights and Intellectual Property”, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 9."},{"n":27,"text":"Ibid., at paragraph 12.","isIbid":true,"resolvedText":"See Committee on Economic, Social and Cultural Rights, twenty-seventhsession (2001), “Human Rights and Intellectual Property”, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 9."},{"n":28,"text":"Ibid., at paragraph 4.","isIbid":true,"resolvedText":"See Committee on Economic, Social and Cultural Rights, twenty-seventhsession (2001), “Human Rights and Intellectual Property”, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 9."},{"n":29,"text":"Cf. article 27, paragraph 2, of the WTO TRIPS Agreement."},{"n":30,"text":"See article 4 of the UNESCO Universal Declaration on the Human Genome and Human Rights, although this instrument is not as such legally binding."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Related obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0036","docId":"e-c-12-gc-17","idx":36,"n":36,"text":"In its general comment No. 3 (1990), the Committee drew attention to the obligation of all States parties to take steps, individually and through international assistance and cooperation, especially economic and technical, towards the full realization of the rights recognized in the Covenant. In the spirit of Article 56 of the Charter of the United Nations, as well as the specific provisions of the Covenant (arts. 2, para. 1, 15, para. 44 and 23), States parties should recognize the essential role of international cooperation for the achievement of the rights recognized in the Covenant, including the right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions, and should comply with their commitment to take joint and separate action to that effect. International cultural and scientific cooperation should be carried out in the common interest of all peoples.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","International obligations"],"citedArticles":[{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"'Article 56 of the Charter of the United Nations'; UN Charter, non-treaty."}]},{"id":"e-c-12-gc-17-0037","docId":"e-c-12-gc-17","idx":37,"n":37,"text":"The Committee recalls that, in accordance with Articles 55 and 56 of the Charter of the United Nations, well-established principles of international law, and the provisions of the Covenant itself, international cooperation for development and thus for the realization of economic, social and cultural rights is an obligation of all States parties and, in particular, of States which are in a position to assist.[[fn:31]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":31,"text":"Committee on Economic, Social and Cultural Rights, fifth session, general comment No. 3 (1990), at paragraph 14."}],"section":["III. STATES PARTIES’ OBLIGATIONS","International obligations"],"citedArticles":[{"article":"55","treaty":"?","confidence":"high","source":"opus","rationale":"'Articles 55 and 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Same 'Articles 55 and 56 of the Charter of the United Nations'; UN Charter."}]},{"id":"e-c-12-gc-17-0038","docId":"e-c-12-gc-17","idx":38,"n":38,"text":"Bearing in mind the different levels of development of States parties, it is essential that any system for the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions facilitates and promotes development cooperation, technology transfer, and scientific and cultural cooperation,[[fn:32]] while at the same time taking due account of the need to preserve biological diversity.[[fn:33]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":32,"text":"Committee on Economic, Social and Cultural Rights, twenty-seventhsession, Human Rights and Intellectual Property, Statement by the Committee on Economic, Social and Cultural Rights, 29 November 2001, E/C.12/2001/15, at paragraph 15."},{"n":33,"text":"See article 8 (j) of the Convention on Biological Diversity. See also Sub-Commission on the Promotion and Protection of Human Rights, 26thmeeting, Resolution 2001/21, E/CN.4/Sub.2/Res/2001/21."}],"section":["III. STATES PARTIES’ OBLIGATIONS","International obligations"]},{"id":"e-c-12-gc-17-0039","docId":"e-c-12-gc-17","idx":39,"n":39,"text":"39. In general comment No. 3 (1990), the Committee confirmed that States parties have a core obligation to ensure the satisfaction of minimum essential levels of each of the rights enunciated in the Covenant. In conformity with other human rights instruments, as well as international agreements on the protection of the moral and material interests resulting from one’s scientific, literary or artistic productions, the Committee considers that article 15, paragraph 1 (c), of the Covenant entails at least the following core obligations, which are of immediate effect:","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Core obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0040","docId":"e-c-12-gc-17","idx":40,"n":40,"text":"The Committee wishes to emphasize that it is particularly incumbent on States parties and other actors in a position to assist, to provide “international assistance and cooperation, especially economic and technical”, which enable developing countries to fulfil their obligations indicated in paragraph 36 above.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Core obligations"]},{"id":"e-c-12-gc-17-0041","docId":"e-c-12-gc-17","idx":41,"n":41,"text":"In determining which actions or omissions by States parties amount to a violation of the right to the protection of the moral and material interests of authors, it is important to distinguish the inability from the unwillingness of a State party to comply with its obligations under article 15, paragraph 1 (c). This follows from article 2, paragraph 1, of the Covenant, which obliges each State party to take the necessary steps to the maximum of its available resources. A State which is unwilling to use the maximum of its available resources for the realization of the right of authors to benefit from the protection of the moral and material interests resulting from their scientific, literary and artistic productions is in violation of its obligations under article 15, paragraph 1 (c). If resource constraints render it impossible for a State to comply fully with its obligations under the Covenant, it has the burden of justifying that every effort has been made to use all available resources at its disposal to satisfy, as a matter of priority, the core obligations outlined above.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0042","docId":"e-c-12-gc-17","idx":42,"n":42,"text":"Violations of the right to benefit from the protection of the moral and material interests of authors can occur through the direct action of States parties or of other entities insufficiently regulated by States parties. The adoption of any retrogressive measures incompatible with the core obligations under article 15, paragraph 1 (c), outlined in paragraph 39 above, constitutes a violation of that right. Violations through acts of commission include the formal repeal or unjustifiable suspension of legislation protecting the moral and material interests resulting from one’s scientific, literary and artistic productions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0043","docId":"e-c-12-gc-17","idx":43,"n":43,"text":"43. Violations of article 15, paragraph 1 (c), can also occur through the omission or failure of States parties to take necessary measures to comply with its legal obligations under that provision. Violations through omission include the failure to take appropriate steps towards the full realization of the right of authors to benefit from the protection of the moral and material interests resulting from their scientific, literary or artistic productions and the failure to enforce relevant laws or to provide administrative, judicial or other appropriate remedies enabling authors to assert their rights under article 15, paragraph 1 (c).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0044","docId":"e-c-12-gc-17","idx":44,"n":44,"text":"Violations of the obligation to respect include State actions, policies or laws which have the effect of infringing the right of authors to be recognized as the creators of their scientific, literary and artistic productions and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, their productions that would be prejudicial to their honour or reputation; unjustifiably interfering with the material interests of authors, which are necessary to enable those authors to enjoy an adequate standard of living; denying authors access to administrative, judicial or other appropriate remedies to seek redress in case their moral and material interests have been violated; and discriminating against individual authors in relation to the protection of their moral and material interests.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS"]},{"id":"e-c-12-gc-17-0045","docId":"e-c-12-gc-17","idx":45,"n":45,"text":"Violations of the obligation to protect follow from the failure of a State to take all necessary measures to safeguard authors within their jurisdiction from infringements of their moral and material interests by third parties. This category includes such omissions as the failure to enact and/or enforce legislation prohibiting any use of scientific, literary or artistic productions that is incompatible with the right of authors to be recognized as the creator of their productions or that distorts, mutilates or otherwise modifies, or is derogatory towards, such productions in a manner that would be prejudicial to their honour or reputation or that unjustifiably interferes with those material interests that are necessary to enable authors to enjoy an adequate standard of living; and the failure to ensure that third parties adequately compensate authors, including indigenous authors, for any unreasonable prejudice suffered as a consequence of the unauthorized use of their scientific, literary and artistic productions.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to protect"]},{"id":"e-c-12-gc-17-0046","docId":"e-c-12-gc-17","idx":46,"n":46,"text":"Violations of the obligation to fulfil occur when States parties fail to take all necessary steps within their available resources to promote the realization of the right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary or artistic productions. Examples include the failure to provide administrative, judicial or other appropriate remedies enabling authors, especially those belonging to disadvantaged and marginalized groups, to seek and obtain redress in case their moral and material interests have been infringed, or the failure to provide adequate opportunities for the active and informed participation of authors and groups of authors in any decision-making process that has an impact on their right to benefit from the protection of the moral and material interests resulting from their scientific, literary or artistic productions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to fulfil"]},{"id":"e-c-12-gc-17-0047","docId":"e-c-12-gc-17","idx":47,"n":47,"text":"47. The most appropriate measures to implement the right to the protection of the moral and material interests of the author will vary significantly from one State to another. Every State has a considerable margin of discretion in assessing which measures are most suitable to meet its specific needs and circumstances. The Covenant, however, clearly imposes a duty on each State","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","National legislation"]},{"id":"e-c-12-gc-17-0048","docId":"e-c-12-gc-17","idx":48,"n":48,"text":"National laws and regulations for the protection of the moral and material interests of the author should be based on the principles of accountability, transparency and independence of the judiciary, since these principles are essential to the effective implementation of all human rights, including article 15, paragraph 1 (c). In order to create a favourable climate for the realization of that right, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider the effects on the enjoyment of other human rights of the right to benefit from the protection of the moral and material interests resulting from one’s scientific, literary and artistic productions. In monitoring progress towards the realization of article 15, paragraph 1 (c), States parties should identify the factors and difficulties affecting implementation of their obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","National legislation"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0049","docId":"e-c-12-gc-17","idx":49,"n":49,"text":"States parties should identify appropriate indicators and benchmarks designed to monitor, at the national and international levels, States parties’ obligations under article 15, paragraph 1 (c). States parties may obtain guidance on appropriate indicators, which should address different aspects of the right to the protection of the moral and material interests of the author, from the World Intellectual Property Organization (WIPO), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and other specialized agencies and programmes within the United Nations system that are concerned with the protection of scientific, literary and artistic productions. Such indicators must be disaggregated on the basis of the prohibited grounds of discrimination, and cover a specified time frame.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0050","docId":"e-c-12-gc-17","idx":50,"n":50,"text":"Having identified appropriate indicators in relation to article 15, paragraph 1 (c), States parties are invited to set appropriate national benchmarks in relation to each indicator. During the periodic reporting procedure, the Committee will engage in a process of scoping with the State party. Scoping involves the joint consideration by the State party and the Committee of the indicators and national benchmarks, which will then provide the targets to be achieved by the State party during the next reporting cycle. During that period, the State party will use these national benchmarks to monitor its implementation of article 15, paragraph 1 (c). Thereafter, in the subsequent reporting process, the State party and the Committee will consider whether or not the benchmarks have been achieved, and any difficulties that may have been encountered.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0051","docId":"e-c-12-gc-17","idx":51,"n":51,"text":"The human right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author should be adjudicated by competent judicial and administrative bodies. Indeed, effective protection of the moral and material interests of authors resulting from their scientific, literary and artistic productions would be hardly conceivable without the possibility of availing oneself of administrative, judicial or other appropriate remedies.[[fn:34]] E/C.12/GC/17 page 14","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":34,"text":"Cf. Universal Declaration of Human Rights, article 8; general comment No. 9 (1998), at paragraphs 3 and 9; Limburg Principles, at paragraph 19; Maastricht Guidelines, at paragraph 22."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-17-0052","docId":"e-c-12-gc-17","idx":52,"n":52,"text":"All authors who are victims of a violation of the protected moral and material interests resulting from their scientific, literary or artistic productions should, consequently, have access to effective administrative, judicial or other appropriate remedies at the national level. Such remedies should not be unreasonably complicated or costly, or entail unreasonable time limits or unwarranted delays.[[fn:35]] Parties to legal proceedings should have the right to have these proceedings reviewed by a judicial or other competent authority.[[fn:36]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":35,"text":"See general comment No. 9 (1998), at paragraph 9 (with regard to administrative remedies). See further article 14 (1) of the International Covenant on Civil and Political Rights."},{"n":36,"text":"See general comment No. 9, at paragraph 9."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-17-0053","docId":"e-c-12-gc-17","idx":53,"n":53,"text":"All victims of violations of the rights protected under article 15, paragraph 1 (c), should be entitled to adequate compensation or satisfaction.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0054","docId":"e-c-12-gc-17","idx":54,"n":54,"text":"National ombudsmen, human rights commissions, where they exist, and professional associations of authors or similar institutions should address violations of article 15, paragraph 1 (c).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0055","docId":"e-c-12-gc-17","idx":55,"n":55,"text":"While only States parties to the Covenant are held accountable for compliance with its provisions, they are nevertheless urged to consider regulating the responsibility resting on the private business sector, private research institutions and other non-State actors to respect the rights recognized in article 15, paragraph 1 (c), of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-17-0056","docId":"e-c-12-gc-17","idx":56,"n":56,"text":"The Committee notes that, as members of international organizations such as WIPO, UNESCO, the Food and Agriculture Organization of the United Nations (FAO), the World Health Organization (WHO), and the World Trade Organization (WTO), States parties have an obligation to take whatever measures they can to ensure that the policies and decisions of those organizations are in conformity with their obligations under the Covenant, in particular the obligations contained in articles 2, paragraph 1, 15, paragraph 4, 22 and 23 concerning international assistance and cooperation.[[fn:37]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":37,"text":"Cf. Committee on Economic, Social and Cultural Rights, eighteenth session, Globalization and Economic, Social and Cultural Rights, Statement by the Committee on Economic, Social and Cultural Rights, 11 May 1998, at paragraph 5. -----"}],"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-17-0057","docId":"e-c-12-gc-17","idx":57,"n":57,"text":"57. United Nations organs, as well as specialized agencies, should, within their fields of competence and in accordance with articles 22 and 23 of the Covenant, take international measures likely to contribute to the effective implementation of article 15, paragraph 1 (c). In particular, WIPO, UNESCO, FAO, WHO and other relevant agencies, organs and mechanisms of the United Nations are called upon to intensify their efforts to take into account human rights principles and obligations in their work concerning the protection of the moral and material benefits resulting from one’s scientific, literary and artistic productions, in cooperation with the Office of the High Commissioner for Human Rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-18-0001","docId":"e-c-12-gc-18","idx":1,"n":1,"text":"The right to work is a fundamental right, recognized in several international legal instruments. The International Covenant on Economic, Social and Cultural Rights (ICESCR), as laid down in article 6, deals more comprehensively than any other instrument with this right. The right to work is essential for realizing other human rights and forms an inseparable and inherent part of human dignity. Every individual has the right to be able to work, allowing him/her to live in dignity. The right to work contributes at the same time to the survival of the individual and to that of his/her family, and insofar as work is freely chosen or accepted, to his/her development and recognition within the community.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":1,"text":"See the preamble to ILO Convention No. 168, 1988: “… the importance of work and productive employment in any society not only because of the resources which they create for the community, but also because of the income which they bring to workers, the social role which they confer and the feeling of self-esteem which workers derive from them.”"}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0002","docId":"e-c-12-gc-18","idx":2,"n":2,"text":"The ICESCR proclaims the right to work in a general sense in its article 6 and explicitly develops the individual dimension of the right to work through the recognition in article 7 of the right of everyone to the enjoyment of just and favourable conditions of work, in particular the right to safe working conditions. The collective dimension of the right to work is addressed in article 8, which enunciates the right of everyone to form trade unions and join the trade union of his/her choice as well as the right of trade unions to function freely. When drafting article 6 of the Covenant, the Commission on Human Rights affirmed the need to recognize the right to work in a broad sense by laying down specific legal obligations rather than a simple philosophical principle.[[fn:2]] Article 6 defines the right to work in a general and non-exhaustive manner. In article 6, paragraph 1, States parties recognize “the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right”. In paragraph 2, States parties recognize that “to achieve the full realization of this right” the steps to be taken “shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment, under conditions safeguarding fundamental political and economic freedoms to the individual”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":2,"text":"Commission on Human Rights, eleventh session, agenda item 31, A/3525 (1957)."}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0003","docId":"e-c-12-gc-18","idx":3,"n":3,"text":"These objectives reflect the fundamental purposes and principles of the United Nations as defined in article 1, paragraph 3, of the Charter of the United Nations. The essence of these objectives is also reflected in article 23, paragraph 1, of the Universal Declaration of Human Rights. Since the adoption of the Covenant by the General Assembly in 1966, several universal and regional human rights instruments have recognized the right to work. At the universal level, the right to work is contained in article 8, paragraph 3 (a), of the International Covenant on Civil and Political Civil Rights (ICCPR); in article 5, paragraph (e) (i), of the International Convention on the Elimination of All Forms of Racial Discrimination; in article 11, paragraph 1 (a), of the Convention on the Elimination of All Forms of Discrimination against Women; in article 32 of the Convention on the Rights of the Child; and in articles 11, 25, 26, 40, 52 and 54 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Several regional instruments recognize the right to work in its general dimension, including the European Social Charter of 1961 and the Revised European Social Charter of 1996 (Part II, art. 1), the African Charter on Human and Peoples’ Rights (art. 15) and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (art. 6), and affirm the principle that respect for the right to work imposes on States parties an obligation to take measures aimed at the realization of full employment. Similarly, the right to work has been proclaimed by the United Nations General Assembly in the Declaration on Social Progress and Development, in its resolution 2542 (XXIV) of 11 December 1969 (art. 6). E/C.12/GC/18 page 3","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"article":"1","paragraph":"3","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'article 1, paragraph 3, of the Charter of the United Nations' — UN Charter is outside coded list."},{"article":"23","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly states 'article 23, paragraph 1, of the Universal Declaration of Human Rights' — UDHR is non-binding."},{"article":"8","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 8, paragraph 3 (a), of the International Covenant on Civil and Political Rights (ICCPR)'."},{"article":"5","paragraph":"e","treaty":"CERD","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 5, paragraph (e) (i), of the International Convention on the Elimination of All Forms of Racial Discrimination'."},{"article":"11","paragraph":"1","treaty":"CEDAW","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 11, paragraph 1 (a), of the Convention on the Elimination of All Forms of Discrimination against Women'."},{"article":"32","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text expressly cites 'article 32 of the Convention on the Rights of the Child'."},{"article":"11","treaty":"CMW","confidence":"high","source":"opus","rationale":"Text expressly cites 'articles 11, 25, 26, 40, 52 and 54 of the International Convention on the Protection of the Rights of All Migrant Workers'."},{"article":"25","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same explicit CMW enumeration."},{"article":"26","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same explicit CMW enumeration."},{"article":"40","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same explicit CMW enumeration."},{"article":"52","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same explicit CMW enumeration."},{"article":"54","treaty":"CMW","confidence":"high","source":"opus","rationale":"Same explicit CMW enumeration."},{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes 'Part II, art. 1' to the European Social Charter — regional instrument outside coded list."},{"article":"15","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 15 to the African Charter on Human and Peoples' Rights — regional instrument outside coded list."},{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes art. 6 to the Additional Protocol to the American Convention (San Salvador) — regional instrument outside coded list."},{"article":"6","treaty":"?","confidence":"high","source":"opus","rationale":"Text expressly attributes 'art. 6' to the UN Declaration on Social Progress and Development (resolution 2542) — non-binding GA declaration."}]},{"id":"e-c-12-gc-18-0004","docId":"e-c-12-gc-18","idx":4,"n":4,"text":"The right to work, as guaranteed in the ICESCR, affirms the obligation of States parties to assure individuals their right to freely chosen or accepted work, including the right not to be deprived of work unfairly. This definition underlines the fact that respect for the individual and his dignity is expressed through the freedom of the individual regarding the choice to work, while emphasizing the importance of work for personal development as well as for social and economic inclusion. International Labour Organization Convention No. 122 concerning Employment Policy (1964) speaks of “full, productive and freely chosen employment”, linking the obligation of States parties to create the conditions for full employment with the obligation to ensure the absence of forced labour. Nevertheless, for millions of human beings throughout the world, full enjoyment of the right to freely chosen or accepted work remains a remote prospect. The Committee recognizes the existence of structural and other obstacles arising from international factors beyond the control of States which hinder the full enjoyment of article 6 in many States parties.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0005","docId":"e-c-12-gc-18","idx":5,"n":5,"text":"With the aim of helping States parties to implement the Covenant and discharge their reporting obligations, this general comment deals with the normative content of article 6 (chap. II), the obligations of States parties (chap. III), violations (chap. IV), and implementation at the national level (chap. V), while the obligations of actors other than States parties are covered in chapter VI. The general comment is based on the experience gained by the Committee over many years in its consideration of reports of States parties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0006","docId":"e-c-12-gc-18","idx":6,"n":6,"text":"The right to work is an individual right that belongs to each person and is at the same time a collective right. It encompasses all forms of work, whether independent work or dependent wage-paid work. The right to work should not be understood as an absolute and unconditional right to obtain employment. Article 6, paragraph 1, contains a definition of the right to work and paragraph 2 cites, by way of illustration and in a non-exhaustive manner, examples of obligations incumbent upon States parties. It includes the right of every human being to decide freely to accept or choose work. This implies not being forced in any way whatsoever to exercise or engage in employment and the right of access to a system of protection guaranteeing each worker access to employment. It also implies the right not to be unfairly deprived of employment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0007","docId":"e-c-12-gc-18","idx":7,"n":7,"text":"Work as specified in article 6 of the Covenant must be decent work. This is work that respects the fundamental rights of the human person as well as the rights of workers in terms of conditions of work safety and remuneration. It also provides an income allowing workers to support themselves and their families as highlighted in article 7 of the Covenant. These fundamental rights also include respect for the physical and mental integrity of the worker in the exercise of his/her employment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-18-0008","docId":"e-c-12-gc-18","idx":8,"n":8,"text":"Articles 6, 7 and 8 of the Covenant are interdependent. The characterization of work as decent presupposes that it respects the fundamental rights of the worker. Although articles 7 and 8 are closely linked to article 6, they will be dealt with in separate general comments. Reference to articles 7 and 8 will therefore only be made whenever the indivisibility of these rights so requires. E/C.12/GC/18 page 4","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"}]},{"id":"e-c-12-gc-18-0009","docId":"e-c-12-gc-18","idx":9,"n":9,"text":"The International Labour Organization defines forced labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”.[[fn:3]] The Committee reaffirms the need for States parties to abolish, forbid and counter all forms of forced labour as enunciated in article 4 of the Universal Declaration of Human Rights, article 5 of the Slavery Convention and article 8 of the ICCPR.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":3,"text":"ILO Convention No. 29 concerning Forced or Compulsory Labour, 1930, article 2, paragraph 1; see also paragraph 2. ILO Convention No. 105 concerning the Abolition of Forced Labour, 1957."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"article":"4","treaty":"?","confidence":"high","source":"opus","rationale":"'article 4 of the Universal Declaration of Human Rights'; UDHR is non-treaty."},{"article":"5","treaty":"?","confidence":"high","source":"opus","rationale":"'article 5 of the Slavery Convention'; Slavery Convention not in enumerated treaty list."},{"article":"8","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"'article 8 of the ICCPR' explicitly named; ICCPR art.8 on slavery/forced labour."}]},{"id":"e-c-12-gc-18-0010","docId":"e-c-12-gc-18","idx":10,"n":10,"text":"High unemployment and the lack of secure employment are causes that induce workers to seek employment in the informal sector of the economy. States parties must take the requisite measures, legislative or otherwise, to reduce to the fullest extent possible the number of workers outside the formal economy, workers who as a result of that situation have no protection. These measures would compel employers to respect labour legislation and declare their employees, thus enabling the latter to enjoy all the rights of workers, in particular those provided for in articles 6, 7 and 8 of the Covenant. These measures must reflect the fact that people living in an informal economy do so for the most part because of the need to survive, rather than as a matter of choice. Moreover, domestic and agricultural work must be properly regulated by national legislation so that domestic and agricultural workers enjoy the same level of protection as other workers.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"}]},{"id":"e-c-12-gc-18-0011","docId":"e-c-12-gc-18","idx":11,"n":11,"text":"ILO Convention No. 158 concerning Termination of Employment (1982) defines the lawfulness of dismissal in its article 4 and in particular imposes the requirement to provide valid grounds for dismissal as well as the right to legal and other redress in the case of unjustified dismissal.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-18-0012","docId":"e-c-12-gc-18","idx":12,"n":12,"text":"12. The exercise of work in all its forms and at all levels requires the existence of the following interdependent and essential elements, implementation of which will depend on the conditions present in each State party:","labels":["Persons with disabilities","Persons living with HIV/AIDS","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":4,"text":"Only some of these topics feature in articles 2.2 and 3 of the Covenant. The others have been inferred from the practice of the Committee or from legislation or judicial practice in a growing number of States parties."},{"n":5,"text":"See general comment No. 3 (1990), The nature of States parties’ obligations, paragraph 12."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-18-0013","docId":"e-c-12-gc-18","idx":13,"n":13,"text":"13. Article 3 of the Covenant prescribes that States parties undertake to “ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights”. The Committee underlines the need for a comprehensive system of protection to combat gender discrimination and to ensure equal opportunities and treatment between men and women in relation to their right to work by ensuring equal pay for work of equal value. In particular, pregnancies must not constitute an obstacle to employment and should not constitute justification for loss of employment. Lastly, emphasis should be placed on the link between the fact that women often have less access to education than men and certain traditional cultures which compromise the opportunities for the employment and advancement of women.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":6,"text":"See general comment No. 16 (2005) on article 3: the equal right of men and women to the enjoyment of all economic, social and cultural rights, paragraphs 23-25."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-18-0014","docId":"e-c-12-gc-18","idx":14,"n":14,"text":"14. Access to a first job constitutes an opportunity for economic selfreliance and in many cases a means to escape poverty. Young persons, particularly young women, generally have great difficulties in finding initial employment. National policies relating to adequate education and vocational training should be adopted and implemented to promote and support access to employment opportunities for young persons, in particular young women.","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"]},{"id":"e-c-12-gc-18-0015","docId":"e-c-12-gc-18","idx":15,"n":15,"text":"15. The protection of children is covered by article 10 of the Covenant. The Committee recalls its general comment No. 14 (2000) and in particular paragraphs 22 and 23 on children’s right to health, and emphasizes the need to protect children from all forms of work that are likely to interfere with their development or physical or mental health. The Committee reaffirms the","labels":["Children","Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":7,"text":"See the Convention on the Rights of the Child, 1989, article 32, paragraph 1, reflected in the second preambular paragraph of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. See also article 3, paragraph 1, of the Protocol, on forced labour."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"],"citedArticles":[{"article":"10","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'The protection of children is covered by article 10 of the Covenant' — home_treaty=ICESCR; 'the Covenant' is ICESCR."},{"article":"6","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'as indicated in article 6, paragraph 2' in the same CESCR GC on the right to work — home_treaty=ICESCR; ICESCR art. 6 is the right to work."}]},{"id":"e-c-12-gc-18-0016","docId":"e-c-12-gc-18","idx":16,"n":16,"text":"16. The Committee recalls its general comment No. 6 (1995) on the economic, social and cultural rights of older persons and in particular the need to take measures to prevent discrimination on grounds of age in employment and occupation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":8,"text":"See general comment No. 6 (1995) on the economic, social and cultural rights of older persons, paragraph 22 (and paragraph 24 on retirement)."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"]},{"id":"e-c-12-gc-18-0017","docId":"e-c-12-gc-18","idx":17,"n":17,"text":"17. The Committee recalls the principle of nondiscrimination in access to employment by persons with disabilities enunciated in its general comment No. 5 (1994) on persons with disabilities. “The ‘right of everyone to the opportunity to gain his living by work which he freely chooses or accepts’ is not realized where the only real opportunity open to disabled workers is to work in socalled ‘sheltered’ facilities under substandard conditions.” States parties must take measures enabling persons with disabilities to secure and retain appropriate employment and to progress in their occupational field, thus facilitating their integration or reintegration into society.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":9,"text":"See general comment No. 5 (1994) on persons with disabilities, including other references inparagraphs 20-24."},{"n":10,"text":"See ILO Convention No. 159 concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983. See article 1, paragraph 2, on access to employment. See also the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, proclaimed by the General Assembly in it resolution 48/96 of 20 December 1993."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"]},{"id":"e-c-12-gc-18-0018","docId":"e-c-12-gc-18","idx":18,"n":18,"text":"The principle of non-discrimination as set out in article 2.2 of the Covenant and in article 7 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families should apply in relation to employment opportunities for migrant workers and their families. In this regard the Committee underlines the need for national plans of action to be devised to respect and promote such principles by all appropriate measures, legislative or otherwise.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO WORK","Special topics of broad application"],"citedArticles":[{"treaty":"CMW","article":"2","source":"regex"},{"treaty":"CMW","article":"7","source":"regex"}]},{"id":"e-c-12-gc-18-0019","docId":"e-c-12-gc-18","idx":19,"n":19,"text":"The principal obligation of States parties is to ensure the progressive realization of the exercise of the right to work. States parties must therefore adopt, as quickly as possible, measures aiming at achieving full employment. While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect.[[fn:11]] States parties have immediate obligations in relation to the right to work, such as the obligation to “guarantee” that it will be exercised “without discrimination of any kind” (art. 2, para. 2) and the obligation “to take steps” (art. 2, para. 1) towards the full realization of article 6.[[fn:12]] Such steps must be deliberate, concrete and targeted towards the full realization of the right to work. E/C.GC/18 page 7","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":11,"text":"See general comment No. 3 (1990) on the nature of States parties’ obligations, paragraph 1."},{"n":12,"text":"Ibid, para. 2.","isIbid":true,"resolvedText":"See general comment No. 3 (1990) on the nature of States parties’ obligations, paragraph 1."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0020","docId":"e-c-12-gc-18","idx":20,"n":20,"text":"The fact that realization of the right to work is progressive and takes place over a period of time should not be interpreted as depriving States parties’ obligations of all meaningful content.[[fn:13]] It means that States parties have a specific and continuing obligation “to move as expeditiously and effectively as possible” towards the full realization of article 6.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":13,"text":"Ibid, para. 9.","isIbid":true,"resolvedText":"See general comment No. 3 (1990) on the nature of States parties’ obligations, paragraph 1."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0021","docId":"e-c-12-gc-18","idx":21,"n":21,"text":"As with all other rights in the Covenant, retrogressive measures should in principle not be taken in relation to the right to work. If any deliberately retrogressive steps are taken, States parties have the burden of proving that they have been introduced after consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant in the context of the full use of the States parties’ maximum available resources.[[fn:14]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":14,"text":"Ibid, para. 9.","isIbid":true,"resolvedText":"See general comment No. 3 (1990) on the nature of States parties’ obligations, paragraph 1."}],"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"]},{"id":"e-c-12-gc-18-0022","docId":"e-c-12-gc-18","idx":22,"n":22,"text":"Like all human rights, the right to work imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. The obligation to respect the right to work requires States parties to refrain from interfering directly or indirectly with the enjoyment of that right. The obligation to protect requires States parties to take measures that prevent third parties from interfering with the enjoyment of the right to work. The obligation to fulfil includes the obligations to provide, facilitate and promote that right. It implies that States parties should adopt appropriate legislative, administrative, budgetary, judicial and other measures to ensure its full realization.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","General legal obligations"]},{"id":"e-c-12-gc-18-0023","docId":"e-c-12-gc-18","idx":23,"n":23,"text":"States parties are under the obligation to respect the right to work by, inter alia, prohibiting forced or compulsory labour and refraining from denying or limiting equal access to decent work for all persons, especially disadvantaged and marginalized individuals and groups, including prisoners or detainees,[[fn:15]] members of minorities and migrant workers. In particular, States parties are bound by the obligation to respect the right of women and young persons to have access to decent work and thus to take measures to combat discrimination and to promote equal access and opportunities.","labels":["Migrants","Women/girls","Adolescents","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":15,"text":"If offered on a voluntary basis. On the question of the work of prisoners, see also the Standard Minimum Rules for the Treatment of Prisoners and article 2 of the ILO Convention (No. 29) concerning Forced or Compulsory Labour."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-18-0024","docId":"e-c-12-gc-18","idx":24,"n":24,"text":"With regard to the obligations of States parties relating to child labour as set out in article 10 of the Covenant, States parties must take effective measures, in particular legislative measures, to prohibit labour of children under the age of 16. Further, they have to prohibit all forms of economic exploitation and forced labour of children.[[fn:16]] States parties must adopt effective measures to ensure that the prohibition of child labour will be fully respected.[[fn:17]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":16,"text":"See Convention on the Rights of the Child, article 31, paragraph 1."},{"n":17,"text":"See ILO Convention on the Worst Forms of Child Labour, article 2, paragraph 7, and the Committee’s general comment No. 13 on the right to education."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-c-12-gc-18-0025","docId":"e-c-12-gc-18","idx":25,"n":25,"text":"Obligations to protect the right to work include, inter alia, the duties of States parties to adopt legislation or to take other measures ensuring equal access to work and training and to ensure that privatization measures do not undermine workers’ rights. Specific measures to increase the flexibility of labour markets must not render work less stable or reduce the social protection of the worker. The obligation to protect the right to work includes the responsibility of States parties to prohibit forced or compulsory labour by non-State actors.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-18-0026","docId":"e-c-12-gc-18","idx":26,"n":26,"text":"26. States parties are obliged to fulfil (provide) the right to work when individuals or groups are unable, for reasons beyond their control, to realize that right themselves by the means at their disposal. This obligation includes, inter alia, the obligation to recognize the right to work in national legal systems and to adopt a national policy on the right to work as well as a detailed","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":18,"text":"See ILO Convention No. 122 concerning Employ Policy, 1964, article 1, paragraph 1."},{"n":19,"text":"See ILO Convention No. 88 concerning the Organization of the Employment Service, 1948."},{"n":20,"text":"See ILO Convention No. 88 and, similarly, ILO Convention No. 2 concerning Unemployment, 1919. See also ILO Convention No. 168 concerning Employment Promotion and Protection against Unemployment, 1988."}],"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-18-0027","docId":"e-c-12-gc-18","idx":27,"n":27,"text":"The obligation to fulfil (facilitate) the right to work requires States parties, inter alia, to take positive measures to enable and assist individuals to enjoy the right to work and to implement technical and vocational education plans to facilitate access to employment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-18-0028","docId":"e-c-12-gc-18","idx":28,"n":28,"text":"The obligation to fulfil (promote) the right to work requires States parties to undertake, for example, educational and informational programmes to instil public awareness on the right to work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Specific legal obligations"]},{"id":"e-c-12-gc-18-0029","docId":"e-c-12-gc-18","idx":29,"n":29,"text":"In its general comment No. 3 (1990) the Committee draws attention to the obligation of all States parties to take steps individually and through international assistance and cooperation, especially economic and technical, towards the full realization of the rights recognized in the Covenant. In the spirit of Article 56 of the Charter of the United Nations and specific provisions of the Covenant (arts. 2.1, 6, 22 and 23), States parties should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to work. States parties should, through international agreements where appropriate, ensure that the right to work as set forth in articles 6, 7 and 8 of the Covenant is given due attention.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","International obligations"],"citedArticles":[{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"'Article 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"6","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'arts. 2.1, 6, 22 and 23' and 'articles 6, 7 and 8 of the Covenant'; ICESCR art.6 is right to work (GC18 is on right to work)."},{"article":"7","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'articles 6, 7 and 8 of the Covenant'; ICESCR art.7 on conditions of work."},{"article":"8","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'articles 6, 7 and 8 of the Covenant'; ICESCR art.8 on trade union rights."}]},{"id":"e-c-12-gc-18-0030","docId":"e-c-12-gc-18","idx":30,"n":30,"text":"To comply with their international obligations in relation to article 6, States parties should endeavour to promote the right to work in other countries as well as in bilateral and multilateral negotiations. In negotiations with international financial institutions, States parties should ensure protection of the right to work of their population. States parties that are members of international financial institutions, in particular the International Monetary Fund, the World Bank and regional development banks, should pay greater attention to the protection of the right to work in influencing the lending policies, credit agreements, structural adjustment programmes and international measures of these institutions. The strategies, programmes and policies adopted by States parties under structural adjustment programmes should not interfere with their core obligations in relation to the right to work and impact negatively on the right to work of women, young persons and the disadvantaged and marginalized individuals and groups.","labels":["Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","International obligations"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0031","docId":"e-c-12-gc-18","idx":31,"n":31,"text":"31. In general comment No. 3 (1990) the Committee confirms that States parties have a core obligation to ensure the satisfaction of minimum essential levels of each of the rights covered by the Covenant. In the context of article 6, this “core obligation” encompasses the obligation to","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["III. STATES PARTIES’ OBLIGATIONS","Core obligations"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0032","docId":"e-c-12-gc-18","idx":32,"n":32,"text":"A distinction should be drawn between the inability and the unwillingness of States parties to comply with their obligations under article 6. This follows from article 6, paragraph 1, which guarantees the right of everyone to the opportunity to gain his living by work that he freely chooses or accepts, and article 2, paragraph 1, which places an obligation on each State party to undertake the necessary measures “to the maximum of its available resources”. The obligations of States parties must be interpreted in the light of these two articles. States parties that are unwilling to use the maximum of their available resources for the realization of the right to work are in violation of their obligations under article 6. Nevertheless, resource constraints may explain the difficulties a State party may encounter in fully guaranteeing the right to work, to the extent that the State party demonstrates that it has used all available resources at its disposal in order to fulfil, as a matter of priority, the obligations outlined above. Violations of the right to work can occur through the direct action of States or State entities, or through the lack of adequate measures to promote employment. Violations through acts of omission occur, for example, when States parties do not regulate the activities of individuals or groups to prevent them from impeding the right of others to work. Violations through acts of commission include forced labour; the formal repeal or suspension of legislation necessary for continued enjoyment of the right to work; denial of access to work to particular individuals or groups, whether such discrimination is based on legislation or practice; and the adoption of legislation or policies which are manifestly incompatible with international obligations in relation to the right to work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0033","docId":"e-c-12-gc-18","idx":33,"n":33,"text":"33. Violations of the obligation to respect the right to work include laws, policies and actions that contravene the standards laid down in article 6 of the Covenant. In particular, any discrimination in access to the labour market or to means and entitlements for obtaining employment on the grounds of race, colour, sex, language, age, religion, political or other opinion, national or social origin, property, birth or any other situation with the aim of impairing","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to respect"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-18-0034","docId":"e-c-12-gc-18","idx":34,"n":34,"text":"As for all other rights in the Covenant, there is a strong presumption that retrogressive measures taken in relation to the right to work are not permissible. Such retrogressive measures include, inter alia, denial of access to employment to particular individuals or groups, whether such discrimination is based on legislation or practice, abrogation or suspension of the legislation necessary for the exercise of the right to work or the adoption of laws or policies that are manifestly incompatible with international legal obligations relating to the right to work. An example would be the institution of forced labour or the abrogation of legislation protecting the employee against unlawful dismissal. Such measures would constitute a violation of States parties’ obligation to respect the right to work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to respect"]},{"id":"e-c-12-gc-18-0035","docId":"e-c-12-gc-18","idx":35,"n":35,"text":"Violations of the obligation to protect follow from the failure of States parties to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to work by third parties. They include omissions such as the failure to regulate the activities of individuals, groups or corporations so as to prevent them from violating the right to work of others; or the failure to protect workers against unlawful dismissal.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to protect"]},{"id":"e-c-12-gc-18-0036","docId":"e-c-12-gc-18","idx":36,"n":36,"text":"Violations of the obligation to fulfil occur through the failure of States parties to take all necessary steps to ensure the realization of the right to work. Examples include the failure to adopt or implement a national employment policy designed to ensure the right to work for everyone; insufficient expenditure or misallocation of public funds which results in the non-enjoyment of the right to work by individuals or groups, particularly the disadvantaged and marginalized; the failure to monitor the realization of the right to work at the national level, for example, by identifying right-to-work indicators and benchmarks; and the failure to implement technical and vocational training programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["IV. VIOLATIONS","Violations of the obligation to fulfil"]},{"id":"e-c-12-gc-18-0037","docId":"e-c-12-gc-18","idx":37,"n":37,"text":"37. In accordance with article 2, paragraph 1, of the Covenant, States parties are required to utilize “all appropriate means, including particularly the adoption of legislative measures” for the implementation of their Covenant obligations. Every State party has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State party to take whatever steps are necessary to ensure that everyone is protected from unemployment and insecurity in employment and can enjoy the right to work as soon as possible.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-18-0038","docId":"e-c-12-gc-18","idx":38,"n":38,"text":"States parties should consider the adoption of specific legislative measures for the implementation of the right to work. Those measures should (a) establish national mechanisms to monitor implementation of employment strategies and national plans of action and (b) contain provisions on numerical targets and a time frame for implementation. They should also provide (c) means of ensuring compliance with the benchmarks established at the national level and (d) the involvement of civil society, including experts on labour issues, the private sector and international organizations. In monitoring progress on realization of the right to work, States parties should identify the factors and difficulties affecting the fulfilment of their obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0039","docId":"e-c-12-gc-18","idx":39,"n":39,"text":"Collective bargaining is a tool of fundamental importance in the formulation of employment policies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0040","docId":"e-c-12-gc-18","idx":40,"n":40,"text":"United Nations agencies and programmes should, upon States parties’ request, assist in drafting and reviewing relevant legislation. The ILO, for example, has considerable expertise and accumulated knowledge concerning legislation in the field of employment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0041","docId":"e-c-12-gc-18","idx":41,"n":41,"text":"States parties should adopt a national strategy, based on human rights principles aimed at progressively ensuring full employment for all. Such a national strategy also imposes a requirement to identify the resources available to States parties for achieving their objectives as well as the most cost-effective ways of using them.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0042","docId":"e-c-12-gc-18","idx":42,"n":42,"text":"The formulation and implementation of a national employment strategy should involve full respect for the principles of accountability, transparency, and participation by interested groups. The right of individuals and groups to participate in decision-making should be an integral part of all policies, programmes and strategies intended to implement the obligations of States parties under article 6. The promotion of employment also requires effective involvement of the community and, more specifically, of associations for the protection and promotion of the rights of workers and trade unions in the definition of priorities, decision-making, planning, implementation and evaluation of the strategy to promote employment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0043","docId":"e-c-12-gc-18","idx":43,"n":43,"text":"To create conditions favourable to the enjoyment of the right to work, States parties must also take appropriate measures to ensure that both the private and public sectors reflect an awareness of the right to work in their activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0044","docId":"e-c-12-gc-18","idx":44,"n":44,"text":"The national employment strategy must take particular account of the need to eliminate discrimination in access to employment. It must ensure equal access to economic resources and to technical and vocational training, particularly for women, disadvantaged and marginalized individuals and groups, and should respect and protect self-employment as well as employment with remuneration that enables workers and their families to enjoy an adequate standard of living as stipulated in article 7 (a) (ii) of the Covenant.[[fn:21]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":21,"text":"See general comment No. 12 (1999) on the right to adequate food, paragraph 26."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-18-0045","docId":"e-c-12-gc-18","idx":45,"n":45,"text":"45. States parties should develop and maintain mechanisms to monitor progress towards the realization of the right to freely chosen or accepted employment, to identify the factors and difficulties affecting the degree of compliance with their obligations and to facilitate the adoption of corrective legislative and administrative measures, including measures to implement their obligations under articles 2.1 and 23 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-18-0046","docId":"e-c-12-gc-18","idx":46,"n":46,"text":"A national employment strategy must define indicators on the right to work. The indicators should be designed to monitor effectively, at the national level, the compliance by States parties with their obligations under article 6 and should be based on ILO indicators such as the rate of unemployment, underemployment and the ratio of formal to informal work. Indicators developed by the ILO that apply to the preparation of labour statistics may be useful in the preparation of a national employment plan.[[fn:22]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"footnotes":[{"n":22,"text":"See ILO Convention No. 160 concerning Labour Statistics, in particular, its articles 1 and 2. -----"}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0047","docId":"e-c-12-gc-18","idx":47,"n":47,"text":"Having identified appropriate right to work indicators, States parties are invited to set appropriate national benchmarks in relation to each indicator. During the periodic reporting procedure the Committee will engage in a process of “scoping” with the State party. Scoping involves the joint consideration by the State party and the Committee of the indicators and national benchmarks which will then provide the targets to be achieved during the next reporting period. During the following five years the State party will use these national benchmarks to help monitor its implementation of the right to work. Thereafter, in the subsequent reporting process, the State party and the Committee will consider whether or not the benchmarks have been achieved and the reasons for any difficulties that may have been encountered. Further, when setting benchmarks and preparing their reports States parties should utilize the extensive information and advisory services of specialized agencies with regard to data collection and disaggregation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"]},{"id":"e-c-12-gc-18-0048","docId":"e-c-12-gc-18","idx":48,"n":48,"text":"Any person or group who is a victim of a violation of the right to work should have access to effective judicial or other appropriate remedies at the national level. At the national level trade unions and human rights commissions should play an important role in defending the right to work. All victims of such violations are entitled to adequate reparation, which may take the form of restitution, compensation, satisfaction or a guarantee of non-repetition.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-18-0049","docId":"e-c-12-gc-18","idx":49,"n":49,"text":"Incorporation of international instruments setting forth the right to work into the domestic legal order, in particular the relevant ILO conventions, should strengthen the effectiveness of measures taken to guarantee the right to work and is encouraged. The incorporation of international instruments recognizing the right to work into the domestic legal order, or the recognition of their direct applicability, significantly enhances the scope and effectiveness of remedial measures and is encouraged in all cases. Courts would then be empowered to adjudicate violations of the core content of the right to work by directly applying obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-18-0050","docId":"e-c-12-gc-18","idx":50,"n":50,"text":"Judges and other law enforcement authorities are invited to pay greater attention to violations of the right to work in the exercise of their functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-18-0051","docId":"e-c-12-gc-18","idx":51,"n":51,"text":"States parties should respect and protect the work of human rights defenders and other members of civil society, in particular the trade unions, who assist disadvantaged and marginalized individuals and groups in the realization of their right to work. E/C.12/GC/18 page 13","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","Remedies and accountability"]},{"id":"e-c-12-gc-18-0052","docId":"e-c-12-gc-18","idx":52,"n":52,"text":"While only States are parties to the Covenant and are thus ultimately accountable for compliance with it, all members of society - individuals, local communities, trade unions, civil society and private sector organizations - have responsibilities regarding the realization of the right to work. States parties should provide an environment facilitating the discharge of these obligations. Private enterprises - national and multinational - while not bound by the Covenant, have a particular role to play in job creation, hiring policies and non-discriminatory access to work. They should conduct their activities on the basis of legislation, administrative measures, codes of conduct and other appropriate measures promoting respect for the right to work, agreed between the government and civil society. Such measures should recognize the labour standards elaborated by the ILO and aim at increasing the awareness and responsibility of enterprises in the realization of the right to work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"]},{"id":"e-c-12-gc-18-0053","docId":"e-c-12-gc-18","idx":53,"n":53,"text":"The role of the United Nations agencies and programmes, and in particular the key function of the ILO in protecting and implementing the right to work at the international, regional and national levels, is of particular importance. Regional institutions and instruments, where they exist, also play an important role in ensuring the right to work. When formulating and implementing their national employment strategies, States parties should avail themselves of the technical assistance and cooperation offered by the ILO. When preparing their reports, States parties should also use the extensive information and advisory services provided by the ILO for data collection and disaggregation as well as the development of indicators and benchmarks. In conformity with articles 22 and 23 of the Covenant, the ILO and the other specialized agencies of the United Nations, the World Bank, regional development banks, the International Monetary Fund, the World Trade Organization and other relevant bodies within the United Nations system should cooperate effectively with States parties to implement the right to work at the national level, bearing in mind their own mandates. International financial institutions should pay greater attention to the protection of the right to work in their lending policies and credit agreements. In accordance with paragraph 9 of general comment No. 2 (1990), particular efforts should be made to ensure that the right to work is protected in all structural adjustment programmes. When examining the reports of States parties and their ability to meet their obligations under article 6, the Committee will consider the effects of the assistance provided by actors other than States parties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-18-0054","docId":"e-c-12-gc-18","idx":54,"n":54,"text":"54. Trade unions play a fundamental role in ensuring respect for the right to work at the local and national levels and in assisting States parties to comply with their obligations under article 6. The role of trade unions is fundamental and will continue to be considered by the Committee in its consideration of the reports of States parties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2006,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-19-0001","docId":"e-c-12-gc-19","idx":1,"n":1,"text":"Article 9 of the International Covenant on Economic, Social and Cultural Rights (the Covenant) provides that, ‘The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.’ The right to social security is of central importance in guaranteeing human dignity for all persons when they are faced with circumstances that deprive them of their capacity to fully realize their Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-c-12-gc-19-0002","docId":"e-c-12-gc-19","idx":2,"n":2,"text":"The right to social security encompasses the right to access and maintain benefits, whether in cash or in kind, without discrimination in order to secure protection, inter alia, from (a) lack of work-related income caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member; (b) unaffordable access to health care; (c) insufficient family support, particularly for children and adult dependents.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["I. INTRODUCTION"]},{"id":"e-c-12-gc-19-0003","docId":"e-c-12-gc-19","idx":3,"n":3,"text":"Social security, through its redistributive character, plays an important role in poverty reduction and alleviation, preventing social exclusion and promoting social inclusion.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["I. INTRODUCTION"]},{"id":"e-c-12-gc-19-0004","docId":"e-c-12-gc-19","idx":4,"n":4,"text":"In accordance with article 2 (1), States parties to the Covenant must take effective measures, and periodically revise them when necessary, within their maximum available resources, to fully realize the right of all persons without any discrimination to social security, including social insurance. The wording of article 9 of the Covenant indicates that the measures that are to be used to provide social security benefits cannot be defined narrowly and, in any event, must guarantee all peoples a minimum enjoyment of this human right. These measures can include: (a) Contributory or insurance-based schemes such as social insurance, which is expressly mentioned in article 9. These generally involve compulsory contributions from beneficiaries, employers and, sometimes, the State, in conjunction with the payment of benefits and administrative expenses from a common fund; (b) Non-contributory schemes such as universal schemes (which provide the relevant benefit in principle to everyone who experiences a particular risk or contingency) or targeted social assistance schemes (where benefits are received by those in a situation of need). In almost all States parties, non-contributory schemes will be required since it is unlikely that every person can be adequately covered through an insurance-based system.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["I. INTRODUCTION"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-c-12-gc-19-0005","docId":"e-c-12-gc-19","idx":5,"n":5,"text":"Other forms of social security are also acceptable, including (a) privately run schemes, and (b) self-help or other measures, such as community-based or mutual schemes. Whichever system is chosen, it must conform to the essential elements of the right to social security and to that extent should be viewed as contributing to the right to social security and be protected by States parties in accordance with this general comment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["I. INTRODUCTION"]},{"id":"e-c-12-gc-19-0006","docId":"e-c-12-gc-19","idx":6,"n":6,"text":"The right to social security has been strongly affirmed in international law. The human rights dimensions of social security were clearly present in the Declaration of Philadelphia of 1944 which called for the “extension of social security measures to provide a E/C.12/GC/19 page 3 basic income to all in need of such protection and comprehensive medical care”.[[fn:2]] Social security was recognized as a human right in the Universal Declaration of Human Rights of 1948, which states in article 22 that “Everyone, as a member of society, has the right to social security” and in article 25(1) that everyone has the “right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control”. The right was subsequently incorporated in a range of international human rights treaties[[fn:3]] and regional human rights treaties.[[fn:4]] In 2001, the International Labour Conference, composed of representatives of States, employers, and workers, affirmed that social security “is a basic human right and a fundamental means for creating social cohesion”.[[fn:5]]","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":2,"text":"Declaration concerning the aims and purposes of the International Labour Organization (ILO), annex to the Constitution of the ILO, section III (f)."},{"n":3,"text":"International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), article 5 (e) (iv); Convention on the Elimination of All Forms of Discrimination against Women, articles 11, para. 1 (e) and 14, para. 2 (c); and Convention on the Rights of the Child, article 26."},{"n":4,"text":"For explicit mention of the right to social security, see American Declaration of the Rights and Duties of Man, article XVI; Additional Protocol to the American Convention on Human Rights in the Area of Economic Social and Cultural Rights (Protocol of San Salvador), article 9; European Social Charter (and 1996 revised version), articles 12, 13 and 14."},{"n":5,"text":"International Labour Conference, 89th session, report of the Committee on Social Security, resolutions and conclusions concerning social security."}],"section":["I. INTRODUCTION"],"citedArticles":[{"article":"22","treaty":"?","confidence":"high","source":"opus","rationale":"'Universal Declaration of Human Rights of 1948, which states in article 22'; UDHR is non-treaty."},{"article":"25","paragraph":"1","treaty":"?","confidence":"high","source":"opus","rationale":"'article 25(1)' is in same UDHR sentence; UDHR is non-treaty."}]},{"id":"e-c-12-gc-19-0007","docId":"e-c-12-gc-19","idx":7,"n":7,"text":"The Committee on Economic, Social and Cultural Rights (the Committee) is concerned over the very low levels of access to social security with a large majority (about 80 per cent) of the global population currently lacking access to formal social security. Among these 80 per cent, 20 per cent live in extreme poverty.[[fn:6]]","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":6,"text":"Michael Cichon and Krzysztof Hagemejer, “Social Security for All: Investing in Global and Economic Development. A Consultation”, Issues in Social Protection Series, Discussion Paper 16, ILO Social Security Department, Geneva, 2006."}],"section":["I. INTRODUCTION"]},{"id":"e-c-12-gc-19-0008","docId":"e-c-12-gc-19","idx":8,"n":8,"text":"8. During its monitoring of the implementation of the Covenant, the Committee has consistently expressed its concern over the denial of or lack of access to adequate social security, which has undermined the realization of many Covenant rights. The Committee has also consistently addressed the right to social security, not only during its consideration of the reports of States parties but also in its general comments and various statements.[[fn:7]] With a view to assisting the implementation by States parties of the Covenant and the fulfilment of their reporting obligations, this general comment focuses on the normative content of the right to social security (chapter II), on States parties' obligations (chapter III), on violations (chapter IV) and on implementation at the national level (chapter V), while the obligations of actors other than States parties are addressed in chapter VI.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":7,"text":"See general comments No. 5 (1994) on persons with disabilities; No. 6 (1995) on the economic, social and cultural rights of older persons; No. 12 (1999) on the right to adequate food (art. 11); No. 14 (2000) on the right to the highest attainable standard of health (art. 12); No. 15 (2002) on the right to water (arts. 11 and 12); No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3); and No. 18 (2005) on the right to work (art. 6). See also Statement by the Committee: An evaluation of the obligation to take steps to the “maximum of available resources” under an optional protocol to the Covenant (E/C.12/2007/1)."}],"section":["I. INTRODUCTION"]},{"id":"e-c-12-gc-19-0009","docId":"e-c-12-gc-19","idx":9,"n":9,"text":"9. The right to social security includes the right not to be subject to arbitrary and unreasonable restrictions of existing social security coverage, whether obtained publicly or privately, as well as the right to equal enjoyment of adequate protection from social risks and contingencies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY"]},{"id":"e-c-12-gc-19-0010","docId":"e-c-12-gc-19","idx":10,"n":10,"text":"10. While the elements of the right to social security may vary according to different conditions, a number of essential factors apply in all circumstances as set out below. In interpreting these aspects, it should be borne in mind that social security should be treated as a social good, and not primarily as a mere instrument of economic or financial policy.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security"]},{"id":"e-c-12-gc-19-0011","docId":"e-c-12-gc-19","idx":11,"n":11,"text":"11. The right to social security requires, for its implementation, that a system, whether composed of a single scheme or variety of schemes, is available and in place to ensure that benefits are provided for the relevant social risks and contingencies. The system should be established under domestic law, and public authorities must take responsibility for the effective administration or supervision of the system. The schemes should also be sustainable, including those concerning provision of pensions, in order to ensure that the right can be realized for present and future generations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","1. Availability - social security system"]},{"id":"e-c-12-gc-19-0012","docId":"e-c-12-gc-19","idx":12,"n":12,"text":"12. The social security system should provide for the coverage of the following nine principal branches of social security.[[fn:8]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":8,"text":"See in particular ILO Convention No. 102 (1952) on Social Security (Minimum Standards), which was confirmed by the ILO Governing Body in 2002 as an instrument corresponding to contemporary needs and circumstances. These categories were also affirmed by States and trade union and employer representatives in the ILO Maritime Labour Convention (2006), regulation 4.5, standard A4.5. The Committee’s revised general guidelines for State reporting of 1991 follow this approach. See also Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), arts. 11, 12 and 13."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies"]},{"id":"e-c-12-gc-19-0013","docId":"e-c-12-gc-19","idx":13,"n":13,"text":"13. States parties have an obligation to guarantee that health systems are established to provide adequate access to health services for all.[[fn:9]] In cases in which the health system foresees private or mixed plans, such plans should be affordable, in conformity with the essential elements enunciated in the present general comment.[[fn:10]] The Committee notes the particular importance of the right to social security in the context of endemic diseases such as HIV/AIDS, tuberculosis and malaria, and the need to provide access to preventive and curative measures.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":9,"text":"General comment No. 14 (2000) on the right to the highest attainable standard of health (art. 12). Coverage must include any morbid condition, whatever its cause, and pregnancy and confinement and their consequences, general and practical medical care, together with hospitalization."},{"n":10,"text":"See above, para. 4 and see below paras. 23-27."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies"]},{"id":"e-c-12-gc-19-0014","docId":"e-c-12-gc-19","idx":14,"n":14,"text":"14. Cash benefits should be provided to those incapable of working due to ill-health to cover periods of loss of earnings. Persons suffering from long periods of sickness should qualify for disability benefits.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(b) Sickness"]},{"id":"e-c-12-gc-19-0015","docId":"e-c-12-gc-19","idx":15,"n":15,"text":"15. States parties should take appropriate measures to establish social security schemes that provide benefits to older persons, starting at a specific age, to be prescribed by national law.[[fn:11]] The Committee stresses that States parties should establish a retirement age that is appropriate to national circumstances which take account of, inter alia, the nature of the occupation, in particular work in hazardous occupations and the working ability of older persons. States parties should, within the limits of available resources, provide non-contributory old-age benefits, social services and other assistance for all older persons who, when reaching the retirement age prescribed in national legislation, have not completed a qualifying period of contributions or are not otherwise entitled to an old-age insurance-based pension or other social security benefit or assistance, and have no other source of income.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":11,"text":"See general comment No. 6 (1995) on the economic, social and cultural rights of older persons."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(c) Old age"]},{"id":"e-c-12-gc-19-0016","docId":"e-c-12-gc-19","idx":16,"n":16,"text":"16. In addition to promoting full, productive and freely chosen employment, States parties must endeavor to provide benefits to cover the loss or lack of earnings due to the inability to obtain or maintain suitable employment. In the case of loss of employment, benefits should be paid for an adequate period of time and at the expiry of the period, the social security system should ensure adequate protection of the unemployed worker, for example through social assistance. The social security system should also cover other workers, including part-time workers, casual workers, seasonal workers, and the self-employed, and those working in atypical forms of work in the informal economy.[[fn:12]] Benefits should be provided to cover periods of loss of earnings by persons who are requested not to report for work during a public health or other emergency.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":12,"text":"As defined in paras. 29-39 below."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(d) Unemployment"]},{"id":"e-c-12-gc-19-0017","docId":"e-c-12-gc-19","idx":17,"n":17,"text":"17. States parties should also ensure the protection of workers who are injured in the course of employment or other productive work. The social security system should cover the costs and loss of earnings from the injury or morbid condition and the loss of support for spouses or dependents suffered as the result of the death of a breadwinner.[[fn:13]] Adequate benefits should be provided in the form of access to health care and cash benefits to ensure income security. Entitlement to benefits should not be made subject to the length of employment, to the duration of insurance or to the payment of contributions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":13,"text":"See ILO Convention No. 121 (1964) on Employment Injury Benefits."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(e) Employment injury"]},{"id":"e-c-12-gc-19-0018","docId":"e-c-12-gc-19","idx":18,"n":18,"text":"18. Benefits for families are crucial for realizing the rights of children and adult dependents to protection under articles 9 and 10 of the Covenant. In providing the benefits, the State party should take into account the resources and circumstances of the child and persons having responsibility for the maintenance of the child or adult dependent, as well as any other consideration relevant to an application for benefits made by or on behalf of the child or adult dependent.[[fn:14]] Family and child benefits, including cash benefits and social services, should be provided to families, without discrimination on prohibited grounds, and would ordinarily cover food, clothing, housing, water and sanitation, or other rights as appropriate.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":14,"text":"See Convention on the Rights of the Child, article 26."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(f) Family and child support"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"},{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-c-12-gc-19-0019","docId":"e-c-12-gc-19","idx":19,"n":19,"text":"19. Article 10 of the Covenant expressly provides that “working mothers should be accorded paid leave or leave with adequate social security benefits”.[[fn:15]] Paid maternity leave should be granted to all women, including those involved in atypical work, and benefits should be provided for an adequate period.[[fn:16]] Appropriate medical benefits should be provided for women and children, including perinatal, childbirth and postnatal care and care in hospital where necessary.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":15,"text":"The Committee notes that ILO Convention No. 183 (2000) on Maternity Protection provides that maternity leave should be for a period of not less than 14 weeks, including a period of six weeks' compulsory leave after childbirth."},{"n":16,"text":"See CEDAW, article.11, para. 2 (b)."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(g) Maternity"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-c-12-gc-19-0020","docId":"e-c-12-gc-19","idx":20,"n":20,"text":"20. In its general comment No. 5 ((1994) on persons with disabilities, the Committee emphasized the importance of providing adequate income support to persons with disabilities who, owing to disability or disability-related factors, have temporarily lost, or received a reduction in, their income, have been denied employment opportunities or have a permanent disability. Such support should be provided in a dignified manner[[fn:17]] and reflect the special needs for assistance and other expenses often associated with disability. The support provided should cover family members and other informal carers.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":17,"text":"Institutionalization of persons with disabilities, unless rendered necessary for other reasons, cannot be regarded as an adequate substitute for the social security and income-support rights of such persons, as well as rehabilitation and employment support, in order to assist persons with disabilities to secure work as required by articles 6 and 7 of the Covenant."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(g) Maternity"]},{"id":"e-c-12-gc-19-0021","docId":"e-c-12-gc-19","idx":21,"n":21,"text":"21. States parties must also ensure the provision of benefits to survivors and orphans on the death of a breadwinner who was covered by social security or had rights to a pension.[[fn:18]] Benefits should cover funeral costs, particularly in those States parties where funeral expenses are prohibitive. Survivors or orphans must not be excluded from social security schemes on the basis of prohibited grounds of discrimination and they should be given assistance in accessing social security schemes, particularly when endemic diseases, such as HIV/AIDS, tuberculosis and malaria, leave large numbers of children or older persons without family and community support.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":18,"text":"The Committee also notes that children have a right to social security. See Convention on the Rights of the Child, article 26."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","2. Social risks and contingencies","(i) Survivors and orphans"]},{"id":"e-c-12-gc-19-0022","docId":"e-c-12-gc-19","idx":22,"n":22,"text":"22. Benefits, whether in cash or in kind, must be adequate in amount and duration in order that everyone may realize his or her rights to family protection and assistance, an adequate standard of living and adequate access to health care, as contained in articles 10, 11 and 12 of the Covenant. States parties must also pay full respect to the principle of human dignity contained in the preamble of the Covenant, and the principle of non-discrimination, so as to avoid any adverse effect on the levels of benefits and the form in which they are provided. Methods applied should ensure the adequacy of benefits. The adequacy criteria should be monitored regularly to ensure that beneficiaries are able to afford the goods and services they require to realize their Covenant rights. When a person makes contributions to a social security scheme that provides benefits to cover lack of income, there should be a reasonable relationship between earnings, paid contributions, and the amount of relevant benefit.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-19-0023","docId":"e-c-12-gc-19","idx":23,"n":23,"text":"23. All persons should be covered by the social security system, especially individuals belonging to the most disadvantaged and marginalized groups, without discrimination on any of the grounds prohibited under article 2, paragraph 2, of the Covenant. In order to ensure universal coverage, non-contributory schemes will be necessary.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy","(a) Coverage"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-19-0024","docId":"e-c-12-gc-19","idx":24,"n":24,"text":"24. Qualifying conditions for benefits must be reasonable, proportionate and transparent. The withdrawal, reduction or suspension of benefits should be circumscribed, based on grounds that are reasonable, subject to due process, and provided for in national law.[[fn:19]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":19,"text":"The Committee notes that, under ILO Convention No. 168 (1988) on Employment Promotion and Protection against Unemployment, such action can only be taken in certain circumstances: absence from the territory of the State; a competent authority has determined that the person concerned deliberately contributed to their own dismissal or left employment voluntarily without just cause; during the period a person stops work due to a labour dispute; the person has attempted to obtain or has obtained benefits fraudulently; the person has failed without just cause to use the facilities available for placement, vocational guidance, training, retraining or redeployment in suitable work; or the person is in receipt of another income maintenance benefit provided for in the legislation of the relevant State, except a family benefit, provided that the part of the benefit which is suspended does not exceed that other benefit."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy","(b) Eligibility"]},{"id":"e-c-12-gc-19-0025","docId":"e-c-12-gc-19","idx":25,"n":25,"text":"25. If a social security scheme requires contributions, those contributions should be stipulated in advance. The direct and indirect costs and charges associated with making contributions must be affordable for all, and must not compromise the realization of other Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy","(c) Affordability"]},{"id":"e-c-12-gc-19-0026","docId":"e-c-12-gc-19","idx":26,"n":26,"text":"26. Beneficiaries of social security schemes must be able to participate in the administration of the social security system.[[fn:20]] The system should be established under national law and ensure the right of individuals and organizations to seek, receive and impart information on all social security entitlements in a clear and transparent manner.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":20,"text":"Articles 71 and 72 of ILO Convention 102 (1952) on Social Security (Minimum Standards) set out similar requirements."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy","(d) Participation and information"]},{"id":"e-c-12-gc-19-0027","docId":"e-c-12-gc-19","idx":27,"n":27,"text":"27. Benefits should be provided in a timely manner and beneficiaries should have physical access to the social security services in order to access benefits and information, and make contributions where relevant. Particular attention should be paid in this regard to persons with disabilities, migrants, and persons living in remote or disaster-prone areas, as well as areas experiencing armed conflict, so that they, too, can have access to these services.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","3. Adequacy","(e) Physical access"]},{"id":"e-c-12-gc-19-0028","docId":"e-c-12-gc-19","idx":28,"n":28,"text":"28. The right to social security plays an important role in supporting the realization of many of the rights in the Covenant, but other measures are necessary to complement the right to social security. For example, States parties should provide social services for rehabilitation of the injured and persons with disabilities in accordance with article 6 of the Covenant, provide child care and welfare, advice and assistance with family planning and the provision of special facilities for persons with disabilities and older persons (article 10); take measures to combat poverty and social exclusion and provide supporting social services (article 11); and adopt measures to prevent disease and improve health facilities, goods and services (article 12).[[fn:21]] States parties should also consider schemes that provide social protection to individuals belonging to disadvantaged and marginalized groups, for example crop or natural disaster insurance for small farmers[[fn:22]] or livelihood protection for self-employed persons in the informal economy. However, the adoption of measures to realize other rights in the Covenant will not in itself act as a substitute for the creation of social security schemes.","labels":["Children","Persons with disabilities","Persons living in poverty","Persons affected by natural disasters","Persons affected by armed conflict","Children in alternative care"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":21,"text":"See Social Security principles, Social Security Series No. 1, ILO (1998), p. 14 and general comments No. 5 (1994) on persons with disabilities, No. 6 (1995) on the economic, social and cultural rights of older persons; No. 12 (1999) on the right to adequate food (art. 11); No. 13 (1999) on the right to education (art. 13); No. 14 (2000) on the right to the highest attainable standard of health (art. 12); No. 15 (2002) on the right to water (arts. 11 and 12); and No. 18 (2005) on the right to work (art. 6)."},{"n":22,"text":"Social Security principles, Social Security Series No. 1, ILO, p. 29."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","A. Elements of the right to social security","5. Relationship with other rights"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"10","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-19-0029","docId":"e-c-12-gc-19","idx":29,"n":29,"text":"29. The obligation of States parties to guarantee that the right to social security is enjoyed without discrimination (article 2, paragraph 2, of the Covenant), and equally between men and women (article 3), pervades all of the obligations under Part III of the Covenant. The Covenant thus prohibits any discrimination, whether in law or in fact, whether direct or indirect, on the grounds of race, colour, sex,[[fn:23]] age,[[fn:24]] language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability,[[fn:25]] health status (including HIV/AIDS), sexual orientation, and civil, political, social or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to social security.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":23,"text":"See general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3)."},{"n":24,"text":"See general comment No. 6. The Committee notes that some distinctions can be made on the basis of age, for example entitlement to a pension. The key underlying principle is that any distinction on prohibited grounds must be reasonable and justified in the circumstances."},{"n":25,"text":"See general comment No. 5."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","1. Non-discrimination and equality"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-19-0030","docId":"e-c-12-gc-19","idx":30,"n":30,"text":"30. States parties should also remove de facto discrimination on prohibited grounds, where individuals are unable to access adequate social security. States parties should ensure that legislation, policies, programmes and the allocation of resources facilitate access to social security for all members of society in accordance with Part III. Restrictions on access to social security schemes should also be reviewed to ensure that they do not discriminate in law or in fact.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","1. Non-discrimination and equality"]},{"id":"e-c-12-gc-19-0031","docId":"e-c-12-gc-19","idx":31,"n":31,"text":"31. Whereas everyone has the right to social security, States parties should give special attention to those individuals and groups who traditionally face difficulties in exercising this right, in particular women, the unemployed, workers inadequately protected by social security, persons working in the informal economy, sick or injured workers, people with disabilities, older persons, children and adult dependents, domestic workers, homeworkers,[[fn:26]] minority groups, refugees, asylum-seekers, internally displaced persons, returnees, non-nationals, prisoners and detainees.","labels":["Children","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":26,"text":"Home workers are those who work from home for remuneration for an employer or similar business enterprise or activity. See ILO Convention No. 177 (1996) on Home Work."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","1. Non-discrimination and equality"]},{"id":"e-c-12-gc-19-0032","docId":"e-c-12-gc-19","idx":32,"n":32,"text":"32. In general comment No.16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3), the Committee noted that implementation of article 3 in relation to article 9 requires, inter alia, equalization of the compulsory retirement age for both men and women; ensuring that women receive equal benefits in both public and private pension schemes; and guaranteeing adequate maternity leave for women, paternity leave for men, and parental leave for both men and women.[[fn:27]] In social security schemes that link benefits with contributions, States parties should take steps to eliminate the factors that prevent women from making equal contributions to such schemes (for example, intermittent participation in the workforce on account of family responsibilities and unequal wage outcomes) or ensure that schemes take account of such factors in the design of benefit formulas (for example by considering child rearing periods or periods to take care of adult dependents in relation to pension entitlements). Differences in the average life expectancy of men and women can also lead directly or indirectly to discrimination in provision of benefits (particularly in the case of pensions) and thus need to be taken into account in the design of schemes. Non-contributory schemes must also take account of the fact that women are more likely to live in poverty than men and often have sole responsibility for the care of children.","labels":["Women/girls","Children","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":27,"text":"Article 10 of the Covenant expressly provides that “working mothers should be accorded paid leave or leave with adequate social security benefits”."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","2. Gender equality"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-c-12-gc-19-0033","docId":"e-c-12-gc-19","idx":33,"n":33,"text":"33. Steps must be taken by States parties to the maximum of their available resources to ensure that the social security systems cover workers inadequately protected by social security, including part-time workers, casual workers, the self-employed and homeworkers. Where social security schemes for such workers are based on occupational activity, they should be adapted so that they enjoy conditions equivalent to those of comparable full-time workers. Except in the case of employment injury, these conditions could be determined in proportion to hours of work, contributions or earnings, or through other appropriate methods. Where such occupation-based schemes do not provide adequate coverage to these workers, a State party will need to adopt complementary measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","2. Gender equality"]},{"id":"e-c-12-gc-19-0034","docId":"e-c-12-gc-19","idx":34,"n":34,"text":"34. States parties must take steps to the maximum of their available resources to ensure that the social security systems cover those persons working in the informal economy. The informal economy has been defined by the International Labour Conference as “all economic activities by workers and economic units that are - in law or in practice - not covered or insufficiently covered by formal arrangements.”[[fn:28]] This duty is particularly important where social security systems are based on a formal employment relationship, business unit or registered residence. Measures could include: (a) removing obstacles that prevent such persons from accessing informal social security schemes, such as community-based insurance; (b) ensuring a minimum level of coverage of risks and contingencies with progressive expansion over time; and (c) respecting and supporting social security schemes developed within the informal economy such as micro-insurance and other microcredit related schemes. The Committee notes that in a number of States parties with a large informal economy, programmes such as universal pension and health-care schemes that cover all persons have been adopted.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":28,"text":"Conclusions concerning decent work and the informal economy, General Conference of the International Labour Organization, 90th session, para. 3."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","4. Informal economy"]},{"id":"e-c-12-gc-19-0035","docId":"e-c-12-gc-19","idx":35,"n":35,"text":"35. States parties should take particular care that indigenous peoples and ethnic and linguistic minorities are not excluded from social security systems through direct or indirect discrimination, particularly through the imposition of unreasonable eligibility conditions or lack of adequate access to information.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","5. Indigenous Peoples and Minority Groups"]},{"id":"e-c-12-gc-19-0036","docId":"e-c-12-gc-19","idx":36,"n":36,"text":"36. Article 2, paragraph 2, prohibits discrimination on grounds of nationality and the Committee notes that the Covenant contains no express jurisdictional limitation. Where non-nationals, including migrant workers, have contributed to a social security scheme, they should be able to benefit from that contribution or retrieve their contributions if they leave the country.[[fn:29]] A migrant worker’s entitlement should also not be affected by a change in workplace.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":29,"text":"See report of the Secretary-General on international migration and development (A/60/871), para. 98."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","5. Indigenous Peoples and Minority Groups"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-19-0037","docId":"e-c-12-gc-19","idx":37,"n":37,"text":"37. Non-nationals should be able to access non-contributory schemes for income support, affordable access to health care and family support. Any restrictions, including a qualification period, must be proportionate and reasonable. All persons, irrespective of their nationality, residency or immigration status, are entitled to primary and emergency medical care.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","5. Indigenous Peoples and Minority Groups"]},{"id":"e-c-12-gc-19-0038","docId":"e-c-12-gc-19","idx":38,"n":38,"text":"38. Refugees, stateless persons and asylum-seekers, and other disadvantaged and marginalized individuals and groups, should enjoy equal treatment in access to non-contributory social security schemes, including reasonable access to health care and family support, consistent with international standards.[[fn:30]]","labels":["Non-citizens and stateless"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":30,"text":"See Convention relating to the Status of Refugees, articles 23 and 24 and Convention relating to the Status of Stateless Persons, articles 23 and 24."}],"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","5. Indigenous Peoples and Minority Groups"]},{"id":"e-c-12-gc-19-0039","docId":"e-c-12-gc-19","idx":39,"n":39,"text":"39. Internally displaced persons should not suffer from any discrimination in the enjoyment of their right to social security and States parties should take proactive measures to ensure equal access to schemes, for example by waiving, where applicable, residence requirements and making allowance for provision of benefits or other related services at the place of displacement. Internal migrants should be able to access social security from their place of residence, and residence registration systems should not restrict access to social security for individuals who move to another district where they are not registered.","labels":["Migrants","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["II. NORMATIVE CONTENT OF THE RIGHT TO SOCIAL SECURITY","B. Special topics of broad application","7. Internally displaced persons and internal migrants"]},{"id":"e-c-12-gc-19-0040","docId":"e-c-12-gc-19","idx":40,"n":40,"text":"40. While the Covenant provides for progressive realization and acknowledges the constraints owing to the limits of available resources, the Covenant also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to social security, such as the guarantee that the right will be exercised without discrimination of any kind (article 2, paragraph 2), ensuring the equal rights of men and women (article 3), and the obligation to take steps (article 2, paragraph 1) towards the full realization of articles 11, paragraph 1, and 12. Such steps must be deliberate, concrete and targeted towards the full realization of the right to social security.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","A. General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-gc-19-0041","docId":"e-c-12-gc-19","idx":41,"n":41,"text":"41. The Committee acknowledges that the realization of the right to social security carries significant financial implications for States parties, but notes that the fundamental importance of social security for human dignity and the legal recognition of this right by States parties mean that the right should be given appropriate priority in law and policy. States parties should develop a national strategy for the full implementation of the right to social security, and should allocate adequate fiscal and other resources at the national level. If necessary, they should avail themselves of international cooperation and technical assistance in line with article 2, paragraph 1, of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","A. General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-19-0042","docId":"e-c-12-gc-19","idx":42,"n":42,"text":"42. There is a strong presumption that retrogressive measures taken in relation to the right to social security are prohibited under the Covenant. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant, in the context of the full use of the maximum available resources of the State party. The Committee will look carefully at whether: (a) there was reasonable justification for the action; (b) alternatives were comprehensively examined; (c) there was genuine participation of affected groups in examining the proposed measures and alternatives; (d) the measures were directly or indirectly discriminatory; (e) the measures will have a sustained impact on the realization of the right to social security, an unreasonable impact on acquired social security rights or whether an individual or group is deprived of access to the minimum essential level of social security; and (f) whether there was an independent review of the measures at the national level.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","A. General legal obligations"]},{"id":"e-c-12-gc-19-0043","docId":"e-c-12-gc-19","idx":43,"n":43,"text":"43. The right to social security, like any human right, imposes three types of obligations on States parties: the obligation to respect, the obligation to protect and the obligation to fulfil.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations"]},{"id":"e-c-12-gc-19-0044","docId":"e-c-12-gc-19","idx":44,"n":44,"text":"44. The obligation to respect requires that States parties refrain from interfering directly or indirectly with the enjoyment of the right to social security. The obligation includes, inter alia, refraining from engaging in any practice or activity that, for example, denies or limits equal access to adequate social security; arbitrarily or unreasonably interferes with self-help or customary or traditional arrangements for social security; arbitrarily or unreasonably interferes with institutions that have been established by individuals or corporate bodies to provide social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","1. Obligation to respect"]},{"id":"e-c-12-gc-19-0045","docId":"e-c-12-gc-19","idx":45,"n":45,"text":"45. The obligation to protect requires that State parties prevent third parties from interfering in any way with the enjoyment of the right to social security. Third parties include individuals, groups, corporations and other entities, as well as agents acting under their authority. The obligation includes, inter alia, adopting the necessary and effective legislative and other measures, for example, to restrain third parties from denying equal access to social security schemes operated by them or by others and imposing unreasonable eligibility conditions; arbitrarily or unreasonably interfering with self-help or customary or traditional arrangements for social security that are consistent with the right to social security; and failing to pay legally required contributions for employees or other beneficiaries into the social security system.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","2. Obligation to protect"]},{"id":"e-c-12-gc-19-0046","docId":"e-c-12-gc-19","idx":46,"n":46,"text":"46. Where social security schemes, whether contributory or non-contributory, are operated or controlled by third parties, States parties retain the responsibility of administering the national social security system and ensuring that private actors do not compromise equal, adequate, affordable, and accessible social security. To prevent such abuses an effective regulatory system must be established which includes framework legislation, independent monitoring, genuine public participation and imposition of penalties for non-compliance.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","2. Obligation to protect"]},{"id":"e-c-12-gc-19-0047","docId":"e-c-12-gc-19","idx":47,"n":47,"text":"47. The obligation to fulfil requires States parties to adopt the necessary measures, including the implementation of a social security scheme, directed towards the full realization of the right to social security. The obligation to fulfil can be subdivided into the obligations to facilitate, promote and provide.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0048","docId":"e-c-12-gc-19","idx":48,"n":48,"text":"48. The obligation to facilitate requires States parties to take positive measures to assist individuals and communities to enjoy the right to social security. The obligation includes, inter alia, according sufficient recognition of this right within the national political and legal systems, preferably by way of legislative implementation; adopting a national social security strategy and plan of action to realize this right;[[fn:31]] ensuring that the social security system will be adequate, accessible for everyone and will cover social risks and contingencies.[[fn:32]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":31,"text":"See paras. 59 (d) and 68-70 below."},{"n":32,"text":"See paras. 12-21 above."}],"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0049","docId":"e-c-12-gc-19","idx":49,"n":49,"text":"49. The obligation to promote obliges the State party to take steps to ensure that there is appropriate education and public awareness concerning access to social security schemes, particularly in rural and deprived urban areas, or amongst linguistic and other minorities.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0050","docId":"e-c-12-gc-19","idx":50,"n":50,"text":"50. States parties are also obliged to provide the right to social security when individuals or a group are unable, on grounds reasonably considered to be beyond their control, to realize that right themselves, within the existing social security system with the means at their disposal. States parties will need to establish non-contributory schemes or other social assistance measures to provide support to those individuals and groups who are unable to make sufficient contributions for their own protection. Special attention should be given to ensuring that the social security system can respond in times of emergency, for example during and after natural disasters, armed conflict and crop failure.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0051","docId":"e-c-12-gc-19","idx":51,"n":51,"text":"51. It is important that social security schemes cover disadvantaged and marginalized groups, even where there is limited capacity to finance social security, either from tax revenues and/or contributions from beneficiaries. Low-cost and alternative schemes could be developed to cover immediately those without access to social security, although the aim should be to integrate them into regular social security schemes. Policies and a legislative framework could be adopted for the progressive inclusion of those in the informal economy or who are otherwise excluded from access to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0052","docId":"e-c-12-gc-19","idx":52,"n":52,"text":"52. Article 2, paragraph 1, and articles 11, paragraph 1, and 23 of the Covenant require that States parties recognize the essential role of international cooperation and assistance and take joint and separate action to achieve the full realization of the rights inscribed in the Covenant, including the right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-gc-19-0053","docId":"e-c-12-gc-19","idx":53,"n":53,"text":"53. To comply with their international obligations in relation to the right to social security, States parties have to respect the enjoyment of the right by refraining from actions that interfere, directly or indirectly, with the enjoyment of the right to social security in other countries.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0054","docId":"e-c-12-gc-19","idx":54,"n":54,"text":"54. States parties should extraterritorially protect the right to social security by preventing their own citizens and national entities from violating this right in other countries. Where States parties can take steps to influence third parties (non-State actors) within their jurisdiction to respect the right, through legal or political means, such steps should be taken in accordance with the Charter of the United Nations and applicable international law.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0055","docId":"e-c-12-gc-19","idx":55,"n":55,"text":"55. Depending on the availability of resources, States parties should facilitate the realization of the right to social security in other countries, for example through provision of economic and technical assistance. International assistance should be provided in a manner that is consistent with the Covenant and other human rights standards, and sustainable and culturally appropriate. Economically developed States parties have a special responsibility for and interest in assisting the developing countries in this regard.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0056","docId":"e-c-12-gc-19","idx":56,"n":56,"text":"56. States parties should ensure that the right to social security is given due attention in international agreements and, to that end, should consider the development of further legal instruments. The Committee notes the importance of establishing reciprocal bilateral and multilateral international agreements or other instruments for coordinating or harmonizing contributory social security schemes for migrant workers.[[fn:33]] Persons temporarily working in another country should be covered by the social security scheme of their home country.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":33,"text":"See International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, article 27."}],"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0057","docId":"e-c-12-gc-19","idx":57,"n":57,"text":"57. With regard to the conclusion and implementation of international and regional agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to social security. Agreements concerning trade liberalization should not restrict the capacity of a State Party to ensure the full realization of the right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0058","docId":"e-c-12-gc-19","idx":58,"n":58,"text":"States parties should ensure that their actions as members of international organizations take due account of the right to social security. Accordingly, States parties that are members of international financial institutions, notably the International Monetary Fund, the World Bank, and regional development banks, should take steps to ensure that the right to social security is taken into account in their lending policies, credit agreements and other international measures. States parties should ensure that the policies and practices of international and regional financial E/C.12/GC/19 page 16 institutions, in particular those concerning their role in structural adjustment and in the design and implementation of social security systems, promote and do not interfere with the right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","3. Obligation to fulfil"]},{"id":"e-c-12-gc-19-0059","docId":"e-c-12-gc-19","idx":59,"n":59,"text":"States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant.[[fn:34]] This requires the State party: (a) To ensure access to a social security scheme that provides a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care,[[fn:35]] basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education. If a State party cannot provide this minimum level for all risks and contingencies within its maximum available resources, the Committee recommends that the State party, after a wide process of consultation, select a core group of social risks and contingencies; (b) To ensure the right of access to social security systems or schemes on a non-discriminatory basis, especially for disadvantaged and marginalized individuals and groups;[[fn:36]] (c) To respect existing social security schemes and protect them from unreasonable interference;[[fn:37]] (d) To adopt and implement a national social security strategy and plan of action;[[fn:38]] (e) To take targeted steps to implement social security schemes, particularly those that protect disadvantaged and marginalized individuals and groups;[[fn:39]] (f) To monitor the extent of the realization of the right to social security.[[fn:40]] E/C.12/GC/19 page 17","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":34,"text":"See general comment No. 3 (1990) on the nature of States parties’ obligations (art.2, para.1 of the Covenant)."},{"n":35,"text":"Read in conjunction with general comment No. 14 (2000) on the right to the highest attainable standard of health (art. 12), paras. 43 and 44, this would include access to health facilities, goods and services on a non-discriminatory basis, provision of essential drugs, access to reproductive, maternal (prenatal as well as post-natal) and child health care, and immunization against the major infectious diseases occurring in the community."},{"n":36,"text":"See paras. 29-31 above."},{"n":37,"text":"See paras. 44-46 above."},{"n":38,"text":"See paras. 68-70 below."},{"n":39,"text":"See for example paras. 31-39 above."},{"n":40,"text":"See para. 74 below."}],"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","5. Core obligations"]},{"id":"e-c-12-gc-19-0060","docId":"e-c-12-gc-19","idx":60,"n":60,"text":"60. In order for a State party to be able to attribute its failure to meet at least its minimum core obligations to a lack of available resources, it must demonstrate that every effort has been made to use all resources that are at its disposal in an effort to satisfy, as a matter of priority, these minimum obligations.[[fn:41]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":41,"text":"See general comment No. 3. paragraph 10."}],"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","5. Core obligations"]},{"id":"e-c-12-gc-19-0061","docId":"e-c-12-gc-19","idx":61,"n":61,"text":"61. The Committee also wishes to emphasize that it is particularly incumbent on States parties, and other actors in a position to assist, to provide international assistance and cooperation, especially economic and technical, to enable developing countries to fulfil their core obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["III. OBLIGATIONS OF STATES PARTIES","B. Specific legal obligations","5. Core obligations"]},{"id":"e-c-12-gc-19-0062","docId":"e-c-12-gc-19","idx":62,"n":62,"text":"62. To demonstrate compliance with their general and specific obligations, States parties must show that they have taken the necessary steps towards the realization of the right to social security within their maximum available resources, and have guaranteed that the right is enjoyed without discrimination and equally by men and women (articles 2 and 3 of the Covenant). Under international law, a failure to act in good faith to take such steps amounts to a violation of the Covenant.[[fn:42]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":42,"text":"See Vienna Convention on the Law of Treaties, article 26."}],"section":["IV. VIOLATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-19-0063","docId":"e-c-12-gc-19","idx":63,"n":63,"text":"63. In assessing whether States parties have complied with obligations to take action, the Committee looks at whether implementation is reasonable or proportionate with respect to the attainment of the relevant rights, complies with human rights and democratic principles and whether it is subject to an adequate framework of monitoring and accountability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["IV. VIOLATIONS"]},{"id":"e-c-12-gc-19-0064","docId":"e-c-12-gc-19","idx":64,"n":64,"text":"64. Violations of the right to social security can occur through acts of commission, i.e. the direct actions of States parties or other entities insufficiently regulated by States. Violations include, for example, the adoption of deliberately retrogressive measures incompatible with the core obligations outlined in paragraph 42 above; the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to social security; active support for measures adopted by third parties which are inconsistent with the right to social security; the establishment of different eligibility conditions for social assistance benefits for disadvantaged and marginalized individuals depending on the place of residence; active denial of the rights of women or particular individuals or groups.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["IV. VIOLATIONS"]},{"id":"e-c-12-gc-19-0065","docId":"e-c-12-gc-19","idx":65,"n":65,"text":"65. Violations through acts of omission can occur when the State party fails to take sufficient and appropriate action to realize the right to social security. In the context of social security, examples of such violations include the failure to take appropriate steps towards the full realization of everyone's right to social security; the failure to enforce relevant laws or put into effect policies designed to implement the right to social security; the failure to ensure the financial sustainability of State pension schemes; the failure to reform or repeal legislation which is manifestly inconsistent with the right to social security; the failure to regulate the activities of individuals or groups so as to prevent them from violating the right to social security; the failure to remove promptly obstacles which the State party is under a duty to remove in order to permit the immediate fulfilment of a right guaranteed by the Covenant; the failure to meet the core obligations (see paragraph 59 above); the failure of a State party to take into account its Covenant obligations when entering into bilateral or multilateral agreements with other States, international organizations or multinational corporations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["IV. VIOLATIONS"]},{"id":"e-c-12-gc-19-0066","docId":"e-c-12-gc-19","idx":66,"n":66,"text":"66. In the implementation of their Covenant obligations, and in accordance with article 2, paragraph 1, of the Covenant, States parties are required to utilize “all appropriate means, including particularly the adoption of legislative measures.” Every State party has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances.[[fn:43]] The Covenant, however, clearly imposes a duty on each State party to take whatever steps are necessary to ensure that everyone enjoys the right to social security, as soon as possible.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":43,"text":"See statement by the Committee: An evaluation of the obligation to take steps to the “maximum of available resources” under an optional protocol to the Covenant (E/C.12/2007/1)."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-19-0067","docId":"e-c-12-gc-19","idx":67,"n":67,"text":"67. States parties are obliged to adopt all appropriate measures such as legislation, strategies, policies and programmes to ensure that the specific obligations with regard to the right to social security will be implemented. Existing legislation, strategies and policies should be reviewed to ensure that they are compatible with obligations arising from the right to social security, and should be repealed, amended or changed if inconsistent with Covenant requirements. Social security systems should also regularly be monitored to ensure their sustainability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0068","docId":"e-c-12-gc-19","idx":68,"n":68,"text":"68. The duty to take steps clearly imposes on States parties an obligation to adopt a national strategy and plan of action to realize the right to social security, unless the State party can clearly show that it has a comprehensive social security system in place and that it reviews it regularly to ensure that it is consistent with the right to social security. The strategy and action plan should be reasonably conceived in the circumstances; take into account the equal rights of men and women and the rights of the most disadvantaged and marginalized groups; be based upon human rights law and principles; cover all aspects of the right to social security; set targets or goals to be achieved and the timeframe for their achievement, together with corresponding benchmarks and indicators, against which they should be continuously monitored; and contain mechanisms for obtaining financial and human resources. When formulating and implementing national strategies on the right to social security, States parties should avail themselves, if necessary, of the technical assistance and cooperation of the United Nations specialized agencies (see Part VI below).","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0069","docId":"e-c-12-gc-19","idx":69,"n":69,"text":"69. The formulation and implementation of national social security strategies and plans of action should respect, inter alia, the principles of non-discrimination, gender equality and people's participation. The right of individuals and groups to participate in decision-making processes that may affect their exercise of the right to social security should be an integral part of any policy, programme or strategy concerning social security.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0070","docId":"e-c-12-gc-19","idx":70,"n":70,"text":"70. The national social security strategy and plan of action and its implementation should also be based on the principles of accountability and transparency. The independence of the judiciary and good governance are also essential to the effective implementation of all human rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0071","docId":"e-c-12-gc-19","idx":71,"n":71,"text":"71. In order to create a favourable climate for the realization of the right to social security, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider its importance in pursuing their activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0072","docId":"e-c-12-gc-19","idx":72,"n":72,"text":"72. States parties may find it advantageous to adopt framework legislation to implement the right to social security. Such legislation might include: (a) targets or goals to be attained and the time frame for their achievement; (b) the means by which the purpose could be achieved; (c) the intended collaboration with civil society, the private sector and international organizations; (d) institutional responsibility for the process; (e) national mechanisms for its monitoring; and (f) remedies and recourse procedures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-19-0073","docId":"e-c-12-gc-19","idx":73,"n":73,"text":"73. Where responsibility for the implementation of the right to social security has been delegated to regional or local authorities or is under the constitutional authority of a federal body, the State party retains the obligation to comply with the Covenant, and therefore should ensure that these regional or local authorities effectively monitor the necessary social security services and facilities, as well as the effective implementation of the system. The States parties must further ensure that such authorities do not deny access to benefits and services on a discriminatory basis, whether directly or indirectly.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","B. Decentralization and the right to social security"]},{"id":"e-c-12-gc-19-0074","docId":"e-c-12-gc-19","idx":74,"n":74,"text":"74. States parties are obliged to monitor effectively the realization of the right to social security and should establish the necessary mechanisms or institutions for such a purpose. In monitoring progress towards the realization of the right to social security, States parties should identify the factors and difficulties affecting implementation of their obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","C. Monitoring, indicators and benchmarks"]},{"id":"e-c-12-gc-19-0075","docId":"e-c-12-gc-19","idx":75,"n":75,"text":"75. To assist the monitoring process, right to social security indicators should be identified in national strategies or plans of action in order that the State party's obligations under article 9 can be monitored at the national and international levels. Indicators should address the different elements of social security (such as adequacy, coverage of social risks and contingencies, affordability and accessibility), be disaggregated on the prohibited grounds of discrimination, and cover all persons residing in the territorial jurisdiction of the State party or under its control. States parties may obtain guidance on appropriate indicators from the ongoing work of the International Labour Organization (ILO), World Health Organization (WHO) and International Social Security Association (ISSA).","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","C. Monitoring, indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-c-12-gc-19-0076","docId":"e-c-12-gc-19","idx":76,"n":76,"text":"76. Having identified appropriate indicators for the right to social security, States parties are invited to set appropriate national benchmarks. During the periodic reporting procedure, the Committee will engage in a process of “scoping” with States parties. Scoping involves the joint consideration by States parties and the Committee of the indicators and national benchmarks which will then provide the targets to be achieved during the next reporting period. In the following five years, the States parties will use these national benchmarks to help monitor their implementation of the right to social security. Thereafter, in the subsequent reporting process, States parties and the Committee will consider whether or not the benchmarks have been achieved, and the reasons for any difficulties that may have been encountered.[[fn:44]] When setting benchmarks and preparing their reports, States parties should utilize the extensive information and advisory services of the United Nations specialized agencies and programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":44,"text":"See general comment No.14 (2000) on the right to the highest attainable standard of health (art. 12), para. 58."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","C. Monitoring, indicators and benchmarks"]},{"id":"e-c-12-gc-19-0077","docId":"e-c-12-gc-19","idx":77,"n":77,"text":"77. Any persons or groups who have experienced violations of their right to social security should have access to effective judicial or other appropriate remedies at both national and international levels.[[fn:45]] All victims of violations of the right to social security should be entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition. National ombudspersons, human rights commissions, and similar national human rights institutions should be permitted to address violations of the right. Legal assistance for obtaining remedies should be provided within maximum available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":45,"text":"See general comment No. 9 (1998) on the domestic application of the Covenant, paragraph 4."}],"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","D. Remedies and accountability"]},{"id":"e-c-12-gc-19-0078","docId":"e-c-12-gc-19","idx":78,"n":78,"text":"78. Before any action is carried out by the State party, or by any other third party, that interferes with the right of an individual to social security the relevant authorities must ensure that such actions are performed in a manner warranted by law, compatible with the Covenant, and include: (a) an opportunity for genuine consultation with those affected; (b) timely and full disclosure of information on the proposed measures; (c) reasonable notice of proposed actions; (d) legal recourse and remedies for those affected; and (e) legal assistance for obtaining legal remedies. Where such action is based on the ability of a person to contribute to a social security scheme, their capacity to pay must be taken into account. Under no circumstances should an individual be deprived of a benefit on discriminatory grounds or of the minimum essential level of benefits as defined in paragraph 59(a).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","D. Remedies and accountability"]},{"id":"e-c-12-gc-19-0079","docId":"e-c-12-gc-19","idx":79,"n":79,"text":"79. The incorporation in the domestic legal order of international instruments recognizing the right to social security can significantly enhance the scope and effectiveness of remedial measures and should be encouraged. Incorporation enables courts to adjudicate violations of the right to social security by direct reference to the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","D. Remedies and accountability"]},{"id":"e-c-12-gc-19-0080","docId":"e-c-12-gc-19","idx":80,"n":80,"text":"80. Judges, adjudicators and members of the legal profession should be encouraged by States parties to pay greater attention to violations of the right to social security in the exercise of their functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","D. Remedies and accountability"]},{"id":"e-c-12-gc-19-0081","docId":"e-c-12-gc-19","idx":81,"n":81,"text":"81. States parties should respect, protect, facilitate and promote the work of human rights advocates and other members of civil society, with a view to assisting disadvantaged and marginalized individuals and groups in the realization of their right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["V. IMPLEMENTATION AT THE NATIONAL LEVEL","D. Remedies and accountability"]},{"id":"e-c-12-gc-19-0082","docId":"e-c-12-gc-19","idx":82,"n":82,"text":"82. The United Nations specialized agencies and other international organizations concerned with social security, such as ILO, WHO, the United Nations Food and Agriculture Organization, the United Nations Children’s Fund, the United Nations Human Settlements Programme, the United Nations Development Programme and ISSA, as well as international organizations concerned with trade such as the World Trade Organization, should cooperate effectively with States parties, building on their respective expertise, in relation to the implementation of the right to social security.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES"]},{"id":"e-c-12-gc-19-0083","docId":"e-c-12-gc-19","idx":83,"n":83,"text":"83. The international financial institutions, notably the International Monetary Fund and the World Bank, should take into account the right to social security in their lending policies, credit agreements, structural adjustment programmes and similar projects,[[fn:46]] so that the enjoyment of the right to social security, particularly by disadvantaged and marginalized individuals and groups, is promoted and not compromised.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"footnotes":[{"n":46,"text":"See general comment No. 2 (1990) on international technical assistance measures (art. 22 of the Covenant)."}],"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES"]},{"id":"e-c-12-gc-19-0084","docId":"e-c-12-gc-19","idx":84,"n":84,"text":"84. When examining the reports of States parties and their ability to meet the obligations to realize the right to social security, the Committee will consider the effects of the assistance provided by all other actors. The incorporation of human rights law and principles in the programmes and policies of international organizations will greatly facilitate the implementation of the right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2008,"section":["VI. OBLIGATIONS OF ACTORS OTHER THAN STATES"]},{"id":"e-1990-23-0001","docId":"e-1990-23","idx":1,"n":1,"text":"Article 22 of the Covenant establishes a mechanism by which the Economic and Social Council may bring to the attention of relevant United Nations bodies any matters arising out of reports submitted under the Covenant “which may assist such bodies in deciding, each within its field of competence, on the advisability of international measures likely to contribute to the effective progressive implementation of the ... Covenant”. While the primary responsibility under article 22 is vested in the Council, it is clearly appropriate for the Committee on Economic, Social and Cultural Rights to play an active role in advising and assisting the Council in this regard.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"}]},{"id":"e-1990-23-0002","docId":"e-1990-23","idx":2,"n":2,"text":"Recommendations in accordance with article 22 may be made to any “organs of the United Nations, their subsidiary organs and specialized agencies concerned with furnishing technical assistance”. The Committee considers that this provision should be interpreted so as to include virtually all United Nations organs and agencies involved in any aspect of international development cooperation. It would therefore be appropriate for recommendations in accordance with article 22 to be addressed, inter alia, to the Secretary‑General, subsidiary organs of the Council such as the Commission on Human Rights, the Commission on Social Development and the Commission on the Status of Women, other bodies such as UNDP, UNICEF and CDP, agencies such as the World Bank and IMF, and any of the other specialized agencies such as ILO, FAO, UNESCO and WHO.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"}]},{"id":"e-1990-23-0003","docId":"e-1990-23","idx":3,"n":3,"text":"Article 22 could lead either to recommendations of a general policy nature or to more narrowly focused recommendations relating to a specific situation. In the former context, the principal role of the Committee would seem to be to encourage greater attention to efforts to promote economic, social and cultural rights within the framework of international development cooperation activities undertaken by, or with the assistance of, the United Nations and its agencies. In this regard the Committee notes that the Commission on Human Rights, in its resolution 1989/13 of 2 March 1989, invited it “to give consideration to means by which the various United Nations agencies working in the field of development could best integrate measures designed to promote full respect for economic, social and cultural rights in their activities”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"}]},{"id":"e-1990-23-0004","docId":"e-1990-23","idx":4,"n":4,"text":"As a preliminary practical matter, the Committee notes that its own endeavours would be assisted, and the relevant agencies would also be better informed, if they were to take a greater interest in the work of the Committee. While recognizing that such an interest can be demonstrated in a variety of ways, the Committee observes that attendance by representatives of the appropriate United Nations bodies at its first four sessions has, with the notable exceptions of ILO, UNESCO and WHO, been very low. Similarly, pertinent materials and written information had been received from only a very limited number of agencies. The Committee considers that a deeper understanding of the relevance of economic, social and cultural rights in the context of international development cooperation activities would be considerably facilitated through greater interaction between the Committee and the appropriate agencies. At the very least, the day of general discussion on a specific issue, which the Committee undertakes at each of its sessions, provides an ideal context in which a potentially productive exchange of views can be undertaken.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1990-23-0005","docId":"e-1990-23","idx":5,"n":5,"text":"On the broader issues of the promotion of respect for human rights in the context of development activities, the Committee has so far seen only rather limited evidence of specific efforts by United Nations bodies. It notes with satisfaction in this regard the initiative taken jointly by the Centre for Human Rights and UNDP in writing to United Nations Resident Representatives and other field‑based officials, inviting their “suggestions and advice, in particular with respect to possible forms of cooperation in ongoing projects [identified] as having a human rights dimension or in new ones in response to a specific Government’s request”. The Committee has also been informed of long‑standing efforts undertaken by ILO to link its own human rights and other international labour standards to its technical cooperation activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1990-23-0006","docId":"e-1990-23","idx":6,"n":6,"text":"With respect to such activities, two general principles are important. The first is that the two sets of human rights are indivisible and interdependent. This means that efforts to promote one set of rights should also take full account of the other. United Nations agencies involved in the promotion of economic, social and cultural rights should do their utmost to ensure that their activities are fully consistent with the enjoyment of civil and political rights. In negative terms this means that the international agencies should scrupulously avoid involvement in projects which, for example, involve the use of forced labour in contravention of international standards, or promote or reinforce discrimination against individuals or groups contrary to the provisions of the Covenant, or involve large‑scale evictions or displacement of persons without the provision of all appropriate protection and compensation. In positive terms, it means that, wherever possible, the agencies should act as advocates of projects and approaches which contribute not only to economic growth or other broadly defined objectives, but also to enhanced enjoyment of the full range of human rights.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1990-23-0007","docId":"e-1990-23","idx":7,"n":7,"text":"The second principle of general relevance is that development cooperation activities do not automatically contribute to the promotion of respect for economic, social and cultural rights. Many activities undertaken in the name of “development” have subsequently been recognized as ill‑conceived and even counter‑productive in human rights terms. In order to reduce the incidence of such problems, the whole range of issues dealt with in the Covenant should, wherever possible and appropriate, be given specific and careful consideration.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1990-23-0008","docId":"e-1990-23","idx":8,"n":8,"text":"Despite the importance of seeking to integrate human rights concerns into development activities, it is true that proposals for such integration can too easily remain at a level of generality. Thus, in an effort to encourage the operationalization of the principle contained in article 22 of the Covenant, the Committee wishes to draw attention to the following specific measures which merit consideration by the relevant bodies: (a) As a matter of principle, the appropriate United Nations organs and agencies should specifically recognize the intimate relationship which should be established between development activities and efforts to promote respect for human rights in general, and economic, social and cultural rights in particular. The Committee notes in this regard the failure of each of the first three United Nations Development Decade Strategies to recognize that relationship and urges that the fourth such strategy, to be adopted in 1990, should rectify that omission; (b) Consideration should be given by United Nations agencies to the proposal, made by the Secretary‑General in a report of 197 that a “human rights impact statement” be required to be prepared in connection with all major development cooperation activities; (c) The training or briefing given to project and other personnel employed by United Nations agencies should include a component dealing with human rights standards and principles; (d) Every effort should be made, at each phase of a development project, to ensure that the rights contained in the Covenants are duly taken into account. This would apply, for example, in the initial assessment of the priority needs of a particular country, in the identification of particular projects, in project design, in the implementation of the project, and in its final evaluation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"}]},{"id":"e-1990-23-0009","docId":"e-1990-23","idx":9,"n":9,"text":"A matter which has been of particular concern to the Committee in the examination of the reports of States parties is the adverse impact of the debt burden and of the relevant adjustment measures on the enjoyment of economic, social and cultural rights in many countries. The Committee recognizes that adjustment programmes will often be unavoidable and that these will frequently involve a major element of austerity. Under such circumstances, however, endeavours to protect the most basic economic, social and cultural rights become more, rather than less, urgent. States parties to the Covenant, as well as the relevant United Nations agencies, should thus make a particular effort to ensure that such protection is, to the maximum extent possible, built‑in to programmes and policies designed to promote adjustment. Such an approach, which is sometimes referred to as “adjustment with a human face” or as promoting “the human dimension of development” requires that the goal of protecting the rights of the poor and vulnerable should become a basic objective of economic adjustment. Similarly, international measures to deal with the debt crisis should take full account of the need to protect economic, social and cultural rights through, inter alia, international cooperation. In many situations, this might point to the need for major debt relief initiatives.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1990-23-0010","docId":"e-1990-23","idx":10,"n":10,"text":"Finally, the Committee wishes to draw attention to the important opportunity provided to States parties, in accordance with article 22 of the Covenant, to identify in their reports any particular needs they might have for technical assistance or development cooperation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"}]},{"id":"e-c-12-gc-20-0001","docId":"e-c-12-gc-20","idx":1,"n":1,"text":"1. Discrimination undermines the fulfilment of economic, social and cultural rights for a significant proportion of the world’s population. Economic growth has not, in itself, led to sustainable development, and individuals and groups of individuals continue to face socioeconomic inequality, often because of entrenched historical and contemporary forms of discrimination.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["I. INTRODUCTION AND BASIC PREMISES"]},{"id":"e-c-12-gc-20-0002","docId":"e-c-12-gc-20","idx":2,"n":2,"text":"2. Non-discrimination and equality are fundamental components of international human rights law and essential to the exercise and enjoyment of economic, social and cultural rights. Article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights (the Covenant) obliges each State party “to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0003","docId":"e-c-12-gc-20","idx":3,"n":3,"text":"3. The principles of non-discrimination and equality are recognized throughout the Covenant. The preamble stresses the “equal and inalienable rights of all” and the Covenant expressly recognizes the rights of “everyone” to the various Covenant rights such as, inter alia, the right to work, just and favourable conditions of work, trade union freedoms, social security, an adequate standard of living, health and education and participation in cultural life.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["I. INTRODUCTION AND BASIC PREMISES"]},{"id":"e-c-12-gc-20-0004","docId":"e-c-12-gc-20","idx":4,"n":4,"text":"4. The Covenant also explicitly mentions the principles of non-discrimination and equality with respect to some individual rights. Article 3 requires States to undertake to ensure the equal right of men and women to enjoy the Covenant rights and article 7 includes the “right to equal remuneration for work of equal value” and “equal opportunity for everyone to be promoted” in employment. Article 10 stipulates that, inter alia, mothers should be accorded special protection during a reasonable period before and after childbirth and that special measures of protection and assistance should be taken for children and young persons without discrimination. Article 13 recognizes that “primary education shall be compulsory and available free to all” and provides that “higher education shall be made equally accessible to all”.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"10","source":"regex"},{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-c-12-gc-20-0005","docId":"e-c-12-gc-20","idx":5,"n":5,"text":"5. The preamble, Articles 1, paragraph 3, and 55, of the Charter of the United Nations and article 2, paragraph 1, of the Universal Declaration of Human Rights prohibit discrimination in the enjoyment of economic, social and cultural rights. International treaties on racial discrimination, discrimination against women and the rights of refugees, stateless persons, children, migrant workers and members of their families, and persons with disabilities include the exercise of economic, social and cultural rights,[[fn:1]] while other treaties require the elimination of discrimination in specific fields, such as employment and education.[[fn:2]] In addition to the common provision on equality and non-discrimination in both the Covenant and the International Covenant on Civil and Political Rights, article 26 of the International Covenant on Civil and Political Rights contains an independent guarantee of equal and effective protection before and of the law.[[fn:3]]","labels":["Migrants","Women/girls","Persons with disabilities","Non-citizens and stateless"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":1,"text":"See the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); the Convention relating to the Status of Refugees; the Convention relating to the Status of Stateless Persons; the Convention on the Rights of the Child; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; and the Convention on the Rights of Persons with Disabilities."},{"n":2,"text":"ILO Convention No. 111 concerning Discrimination in Respect of Employment and Occupation (1958); and the UNESCO Convention against Discrimination in Education."},{"n":3,"text":"See general comment No. 18 (1989) of the Human Rights Committee on non-discrimination."}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"'Articles 1, paragraph 3, and 55, of the Charter of the United Nations'; UN Charter."},{"article":"2","treaty":"?","confidence":"high","source":"opus","rationale":"'article 2, paragraph 1, of the Universal Declaration of Human Rights'; UDHR is non-treaty."},{"article":"26","treaty":"ICCPR","confidence":"high","source":"opus","rationale":"'article 26 of the International Covenant on Civil and Political Rights' explicitly named; ICCPR art.26."}]},{"id":"e-c-12-gc-20-0006","docId":"e-c-12-gc-20","idx":6,"n":6,"text":"6. In previous general comments, the Committee on Economic, Social and Cultural Rights has considered the application of the principle of non-discrimination to specific Covenant rights relating to housing, food, education, health, water, authors’ rights, work and social security.[[fn:4]] Moreover, general comment No. 16 focuses on State parties’ obligations under article 3 of the Covenant to ensure equal rights of men and women to the enjoyment of all Covenant rights, while general comments Nos. 5 and 6 respectively concern the rights of persons with disabilities and older persons.[[fn:5]] The present general comment aims to clarify the Committee’s understanding of the provisions of article 2, paragraph 2, of the Covenant, including the scope of State obligations (Part II), the prohibited grounds of discrimination (Part III), and national implementation (Part IV).","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":4,"text":"The Committee on Economic, Social and Cultural Rights (CESCR), general comment No. 4 (1991): The right to adequate housing; general comment No. 7 (1997): The right to adequate housing: forced evictions (art. 11, para. 1); general comment No. 12 (1999): The right to adequate food; general comment No. 13 (1999): The right to education (art. 13); general comment No. 14 (2000): The right to the highest attainable standard of health (art. 12); general comment No. 15 (2002): The right to water (arts. 11 and 12); general comment No. 17 (2005): The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author (art. 15, para. 1 (c); general comment No. 18 (2005): The right to work (art. 6); and general comment No. 19 (2008): The right to social security."},{"n":5,"text":"CESCR, general comment No. 5 (1994): Persons with disabilities; and general comment No. 6 (1995): The economic, social and cultural rights of older persons."}],"section":["I. INTRODUCTION AND BASIC PREMISES"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0007","docId":"e-c-12-gc-20","idx":7,"n":7,"text":"7. Non-discrimination is an immediate and cross-cutting obligation in the Covenant. Article 2, paragraph 2, requires States parties to guarantee non-discrimination in the exercise of each of the economic, social and cultural rights enshrined in the Covenant and can only be applied in conjunction with these rights. It is to be noted that discrimination constitutes any distinction, exclusion, restriction or preference or other differential treatment that is directly or indirectly based on the prohibited grounds of discrimination and which has the intention or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of Covenant rights.[[fn:6]] Discrimination also includes incitement to discriminate and harassment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":6,"text":"For a similar definition see art. 1, ICERD; art. 1, CEDAW; and art. 2 of the Convention on the Rights of Persons with Disabilities (CRPD). The Human Rights Committee comes to a similar interpretation in its general comment No. 18, paragraphs 6 and 7. The Committee has adopted a similar position in previous general comments."}],"section":["II. SCOPE OF STATE OBLIGATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0008","docId":"e-c-12-gc-20","idx":8,"n":8,"text":"8. In order for States parties to “guarantee” that the Covenant rights will be exercised without discrimination of any kind, discrimination must be eliminated both formally and substantively:[[fn:7]] (a) Formal discrimination: Eliminating formal discrimination requires ensuring that a State’s constitution, laws and policy documents do not discriminate on prohibited grounds; for example, laws should not deny equal social security benefits to women on the basis of their marital status; (b) Substantive discrimination: Merely addressing formal discrimination will not ensure substantive equality as envisaged and defined by article 2, paragraph 2.[[fn:8]] The effective enjoyment of Covenant rights is often influenced by whether a person is a member of a group characterized by the prohibited grounds of discrimination. Eliminating discrimination in practice requires paying sufficient attention to groups of individuals which suffer historical or persistent prejudice instead of merely comparing the formal treatment of individuals in similar situations. States parties must therefore immediately adopt the necessary measures to prevent, diminish and eliminate the conditions and attitudes which cause or perpetuate substantive or de facto discrimination. For example, ensuring that all individuals have equal access to adequate housing, water and sanitation will help to overcome discrimination against women and girl children and persons living in informal settlements and rural areas.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":7,"text":"CESCR, general comment No. 16 (2005): The equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3)."},{"n":8,"text":"See also CESCR general comment No. 16."}],"section":["II. SCOPE OF STATE OBLIGATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-c-12-gc-20-0009","docId":"e-c-12-gc-20","idx":9,"n":9,"text":"9. In order to eliminate substantive discrimination, States parties may be, and in some cases are, under an obligation to adopt special measures to attenuate or suppress conditions that perpetuate discrimination. Such measures are legitimate to the extent that they represent reasonable, objective and proportional means to redress de facto discrimination and are discontinued when substantive equality has been sustainably achieved. Such positive measures may exceptionally, however, need to be of a permanent nature, such as interpretation services for linguistic minorities and reasonable accommodation of persons with sensory impairments in accessing health-care facilities.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS"]},{"id":"e-c-12-gc-20-0010","docId":"e-c-12-gc-20","idx":10,"n":10,"text":"Both direct and indirect forms of differential treatment can amount to discrimination under article 2, paragraph 2, of the Covenant: (a) Direct discrimination occurs when an individual is treated less favourably than another person in a similar situation for a reason related to a prohibited ground; e.g. where employment in educational or cultural institutions or membership of a trade union is based on the political opinions of applicants or employees. Direct discrimination also includes detrimental acts or omissions on the basis of prohibited grounds where there is no comparable similar situation (e.g. the case of a woman who is pregnant); (b) Indirect discrimination refers to laws, policies or practices which appear neutral at face value, but have a disproportionate impact on the exercise of Covenant rights as distinguished by prohibited grounds of discrimination. For instance, requiring a birth registration certificate for school enrolment may discriminate against ethnic minorities or non-nationals who do not possess, or have been denied, such certificates.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0011","docId":"e-c-12-gc-20","idx":11,"n":11,"text":"11. Discrimination is frequently encountered in families, workplaces, and other sectors of society. For example, actors in the private housing sector (e.g. private landlords, credit providers and public housing providers) may directly or indirectly deny access to housing or mortgages on the basis of ethnicity, marital status, disability or sexual orientation while some families may refuse to send girl children to school. States parties must therefore adopt measures, which should include legislation, to ensure that individuals and entities in the private sphere do not discriminate on prohibited grounds.","labels":["Women/girls","Children","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS","Private sphere"]},{"id":"e-c-12-gc-20-0012","docId":"e-c-12-gc-20","idx":12,"n":12,"text":"12. The Committee has regularly found that discrimination against some groups is pervasive and persistent and deeply entrenched in social behaviour and organization, often involving unchallenged or indirect discrimination. Such systemic discrimination can be understood as legal rules, policies, practices or predominant cultural attitudes in either the public or private sector which create relative disadvantages for some groups, and privileges for other groups.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS","Private sphere"]},{"id":"e-c-12-gc-20-0013","docId":"e-c-12-gc-20","idx":13,"n":13,"text":"13. Differential treatment based on prohibited grounds will be viewed as discriminatory unless the justification for differentiation is reasonable and objective. This will include an assessment as to whether the aim and effects of the measures or omissions are legitimate, compatible with the nature of the Covenant rights and solely for the purpose of promoting the general welfare in a democratic society. In addition, there must be a clear and reasonable relationship of proportionality between the aim sought to be realized and the measures or omissions and their effects. A failure to remove differential treatment on the basis of a lack of available resources is not an objective and reasonable justification unless every effort has been made to use all resources that are at the State party’s disposition in an effort to address and eliminate the discrimination, as a matter of priority.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS","Permissible scope of differential treatment"]},{"id":"e-c-12-gc-20-0014","docId":"e-c-12-gc-20","idx":14,"n":14,"text":"14. Under international law, a failure to act in good faith to comply with the obligation in article 2, paragraph 2, to guarantee that the rights enunciated in the Covenant will be exercised without discrimination amounts to a violation. Covenant rights can be violated through the direct action or omission by States parties, including through their institutions or agencies at the national and local levels. States parties should also ensure that they refrain from discriminatory practices in international cooperation and assistance and take steps to ensure that all actors under their jurisdiction do likewise.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["II. SCOPE OF STATE OBLIGATIONS","Permissible scope of differential treatment"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0015","docId":"e-c-12-gc-20","idx":15,"n":15,"text":"15. Article 2, paragraph 2, lists the prohibited grounds of discrimination as “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. The inclusion of “other status” indicates that this list is not exhaustive and other grounds may be incorporated in this category. The express grounds and a number of implied grounds under “other status” are discussed below. The examples of differential treatment presented in this section are merely illustrative and they are not intended to represent the full scope of possible discriminatory treatment under the relevant prohibited ground, nor a conclusive finding that such differential treatment will amount to discrimination in every situation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0016","docId":"e-c-12-gc-20","idx":16,"n":16,"text":"16. In determining whether a person is distinguished by one or more of the prohibited grounds, identification shall, if no justification exists to the contrary, be based upon self-identification by the individual concerned. Membership also includes association with a group characterized by one of the prohibited grounds (e.g. the parent of a child with a disability) or perception by others that an individual is part of such a group (e.g. a person has a similar skin colour or is a supporter of the rights of a particular group or a past member of a group).","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Membership of a group"]},{"id":"e-c-12-gc-20-0017","docId":"e-c-12-gc-20","idx":17,"n":17,"text":"17. Some individuals or groups of individuals face discrimination on more than one of the prohibited grounds, for example women belonging to an ethnic or religious minority. Such cumulative discrimination has a unique and specific impact on individuals and merits particular consideration and remedying.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Membership of a group"]},{"id":"e-c-12-gc-20-0018","docId":"e-c-12-gc-20","idx":18,"n":18,"text":"18. The Committee has consistently raised concern over formal and substantive discrimination across a wide range of Covenant rights against indigenous peoples and ethnic minorities among others.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","A. Express grounds"]},{"id":"e-c-12-gc-20-0019","docId":"e-c-12-gc-20","idx":19,"n":19,"text":"19. Discrimination on the basis of “race and colour”, which includes an individual’s ethnic origin, is prohibited by the Covenant as well as by other treaties including the International Convention on the Elimination of Racial Discrimination. The use of the term “race” in the Covenant or the present general comment does not imply the acceptance of theories which attempt to determine the existence of separate human races.[[fn:10]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":10,"text":"See the outcome document of the Durban Review Conference, para. 6: “Reaffirms that all peoples and individuals constitute one human family, rich in diversity, and that all human beings are born free and equal in dignity and rights; and strongly rejects any doctrine of racial superiority along with theories which attempt to determine the existence of so-called distinct human races.”"}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","“Race and colour”"]},{"id":"e-c-12-gc-20-0020","docId":"e-c-12-gc-20","idx":20,"n":20,"text":"20. The Covenant guarantees the equal right of men and women to the enjoyment of economic, social and cultural rights.[[fn:11]] Since the adoption of the Covenant, the notion of the prohibited ground “sex” has evolved considerably to cover not only physiological characteristics but also the social construction of gender stereotypes, prejudices and expected roles, which have created obstacles to the equal fulfilment of economic, social and cultural rights. Thus, the refusal to hire a woman, on the ground that she might become pregnant, or the allocation of low-level or parttime jobs to women based on the stereotypical assumption that, for example, they are unwilling to commit as much time to their work as men, constitutes discrimination. Refusal to grant paternity leave may also amount to discrimination against men.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":11,"text":"See art. 3 of the Covenant, and CESCR general comment No. 16."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Sex"]},{"id":"e-c-12-gc-20-0021","docId":"e-c-12-gc-20","idx":21,"n":21,"text":"21. Discrimination on the basis of language or regional accent is often closely linked to unequal treatment on the basis of national or ethnic origin. Language barriers can hinder the enjoyment of many Covenant rights, including the right to participate in cultural life as guaranteed by article 15 of the Covenant. Therefore, information about public services and goods, for example, should also be available, as far as possible, in languages spoken by minorities, and States parties should ensure that any language requirements relating to employment and education are based on reasonable and objective criteria.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Sex"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-20-0022","docId":"e-c-12-gc-20","idx":22,"n":22,"text":"22. This prohibited ground of discrimination covers the profession of religion or belief of one’s choice (including the non-profession of any religion or belief), that may be publicly or privately manifested in worship, observance, practice and teaching.[[fn:12]] For instance, discrimination arises when persons belonging to a religious minority are denied equal access to universities, employment, or health services on the basis of their religion.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":12,"text":"See also the General Assembly’s Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, proclaimed by the General Assembly in its resolution 36/55 of 25 November 1981."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Religion"]},{"id":"e-c-12-gc-20-0023","docId":"e-c-12-gc-20","idx":23,"n":23,"text":"23. Political and other opinions are often grounds for discriminatory treatment and include both the holding and not-holding of opinions, as well as expression of views or membership within opinion-based associations, trade unions or political parties. Access to food assistance schemes, for example, must not be made conditional on an expression of allegiance to a particular political party.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Political or other opinion"]},{"id":"e-c-12-gc-20-0024","docId":"e-c-12-gc-20","idx":24,"n":24,"text":"24. “National origin” refers to a person’s State, nation, or place of origin. Due to such personal circumstances, individuals and groups of individuals may face systemic discrimination in both the public and private sphere in the exercise of their Covenant rights. “Social origin” refers to a person’s inherited social status, which is discussed more fully below in the context of “property” status, descent-based discrimination under “birth” and “economic and social status”.[[fn:13]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":13,"text":"See paras. 25, 26 and 35, of the present general comment."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","National or social origin"]},{"id":"e-c-12-gc-20-0025","docId":"e-c-12-gc-20","idx":25,"n":25,"text":"25. Property status, as a prohibited ground of discrimination, is a broad concept and includes real property (e.g. land ownership or tenure) and personal property (e.g. intellectual property, goods and chattels, and income), or the lack of it. The Committee has previously commented that","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Property"]},{"id":"e-c-12-gc-20-0026","docId":"e-c-12-gc-20","idx":26,"n":26,"text":"26. Discrimination based on birth is prohibited and article 10, paragraph 3, of the Covenant specifically states, for example, that special measures should be taken on behalf of children and young persons “without any discrimination for reasons of parentage”. Distinctions must therefore not be made against those who are born out of wedlock, born of stateless parents or are adopted or constitute the families of such persons. The prohibited ground of birth also includes descent, especially on the basis of caste and analogous systems of inherited status.[[fn:15]] States parties should take steps, for instance, to prevent, prohibit and eliminate discriminatory practices directed against members of descent-based communities and act against the dissemination of ideas of superiority and inferiority on the basis of descent.","labels":["Children","Adolescents","Non-citizens and stateless"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":15,"text":"For a comprehensive overview of State obligations in this regard, see general comment No. 29 (2002) of the Committee on the Elimination of All Forms of Racial Discrimination on art. 1, para. 1, regarding descent."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Birth"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-c-12-gc-20-0027","docId":"e-c-12-gc-20","idx":27,"n":27,"text":"27. The nature of discrimination varies according to context and evolves over time. A flexible approach to the ground of “other status” is thus needed in order to capture other forms of differential treatment that cannot be reasonably and objectively justified and are of a comparable nature to the expressly recognized grounds in article 2, paragraph 2. These additional grounds are commonly recognized when they reflect the experience of social groups that are vulnerable and have suffered and continue to suffer marginalization. The Committee’s general comments and concluding observations have recognized various other grounds and these are described in more detail below. However, this list is not intended to be exhaustive. Other possible prohibited grounds could include the denial of a person’s legal capacity because he or she is in prison, or is involuntarily interned in a psychiatric institution, or the intersection of two prohibited grounds of discrimination, e.g. where access to a social service is denied on the basis of sex and disability.","labels":["Persons with disabilities","Persons deprived of their liberty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","B. Other status"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0028","docId":"e-c-12-gc-20","idx":28,"n":28,"text":"In its general comment No. 5, the Committee defined discrimination against persons with disabilities[[fn:17]] as “any distinction, exclusion, restriction or preference, or denial of reasonable E/C.12/GC/20 page 9 accommodation based on disability which has the effect of nullifying or impairing the recognition, enjoyment or exercise of economic, social or cultural rights”.[[fn:18]] The denial of reasonable accommodation should be included in national legislation as a prohibited form of discrimination on the basis of disability.[[fn:19]] States parties should address discrimination, such as prohibitions on the right to education, and denial of reasonable accommodation in public places such as public health facilities and the workplace,[[fn:20]] as well as in private places, e.g. as long as spaces are designed and built in ways that make them inaccessible to wheelchairs, such users will be effectively denied their right to work.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":17,"text":"For a definition, see CRPD, art. 1: “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.”"},{"n":18,"text":"See CESCR general comment No. 5, para. 15."},{"n":19,"text":"See CRPD, art. 2: “‘Reasonable accommodation’ means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.”"},{"n":20,"text":"See CESCR general comment No. 5, para. 22."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Disability"]},{"id":"e-c-12-gc-20-0029","docId":"e-c-12-gc-20","idx":29,"n":29,"text":"29. Age is a prohibited ground of discrimination in several contexts. The Committee has highlighted the need to address discrimination against unemployed older persons in finding work, or accessing professional training or retraining, and against older persons living in poverty with unequal access to universal old-age pensions due to their place of residence.[[fn:21]] In relation to young persons, unequal access by adolescents to sexual and reproductive health information and services amounts to discrimination.","labels":["Adolescents","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":21,"text":"See, further, CESCR general comment No. 6."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Age"]},{"id":"e-c-12-gc-20-0030","docId":"e-c-12-gc-20","idx":30,"n":30,"text":"30. The ground of nationality should not bar access to Covenant rights,[[fn:22]] e.g. all children within a State, including those with an undocumented status, have a right to receive education and access to adequate food and affordable health care. The Covenant rights apply to everyone including non-nationals, such as refugees, asylum-seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status and documentation.[[fn:23]]","labels":["Migrants","Children","Non-citizens and stateless"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":22,"text":"This paragraph is without prejudice to the application of art. 2, para. 3, of the Covenant, which states: “Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.”"},{"n":23,"text":"See also general comment No. 30 (2004) of the Committee on the Elimination of All Forms of Racial Discrimination on non-citizens."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Nationality"]},{"id":"e-c-12-gc-20-0031","docId":"e-c-12-gc-20","idx":31,"n":31,"text":"31. Marital and family status may differ between individuals because, inter alia, they are married or unmarried, married under a particular legal regime, in a de facto relationship or one not recognized by law, divorced or widowed, live in an extended family or kinship group or have differing kinds of responsibility for children and dependants or a particular number of children. Differential treatment in access to social security benefits on the basis of whether an individual is married must be justified on reasonable and objective criteria. In certain cases, discrimination can also occur when an individual is unable to exercise a right protected by the Covenant because of his or her family status or can only do so with spousal consent or a relative’s concurrence or guarantee.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Nationality"]},{"id":"e-c-12-gc-20-0032","docId":"e-c-12-gc-20","idx":32,"n":32,"text":"32. “Other status” as recognized in article 2, paragraph 2, includes sexual orientation.[[fn:24]] States parties should ensure that a person’s sexual orientation is not a barrier to realizing Covenant rights, for example, in accessing survivor’s pension rights. In addition, gender identity is recognized as among the prohibited grounds of discrimination; for example, persons who are transgender, transsexual or intersex often face serious human rights violations, such as harassment in schools or in the workplace.[[fn:25]]","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":24,"text":"See CESCR general comments Nos. 14 and 15."},{"n":25,"text":"For definitions, see the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Sexual orientation and gender identity"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0033","docId":"e-c-12-gc-20","idx":33,"n":33,"text":"Health status refers to a person’s physical or mental health.[[fn:26]] States parties should ensure that a person’s actual or perceived health status is not a barrier to realizing the rights under the Covenant. The protection of public health is often cited by States as a basis for restricting human rights in the context of a person’s health status. However, many such restrictions are discriminatory, for example, when HIV status is used as the basis for differential treatment with regard to access to education, employment, health care, travel, social security, housing and asylum.[[fn:27]] States parties should also adopt measures to address widespread stigmatization of persons on the basis of their health status, such as mental illness, diseases such as leprosy and women who have suffered obstetric fistula, which often undermines the ability of individuals to E/C.12/GC/20 page 11 enjoy fully their Covenant rights. Denial of access to health insurance on the basis of health status will amount to discrimination if no reasonable or objective criteria can justify such differentiation.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":26,"text":"See CESCR general comment No. 14, paras. 12(b), 18, 28 and 29."},{"n":27,"text":"See the guidelines published by the Office of the High Commissioner for Human Rights and the Joint United Nations Programme on HIV/AIDS (UNAIDS) (2006), “International Guidelines on HIV/AIDS and Human Rights, 2006 Consolidated Version”. Available online at: http://data.unaids.org/Publications/IRC-pub07/JC1252-InternGuidelines_en.pdf."}],"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Health status"]},{"id":"e-c-12-gc-20-0034","docId":"e-c-12-gc-20","idx":34,"n":34,"text":"34. The exercise of Covenant rights should not be conditional on, or determined by, a person’s current or former place of residence; e.g. whether an individual lives or is registered in an urban or a rural area, in a formal or an informal settlement, is internally displaced or leads a nomadic lifestyle. Disparities between localities and regions should be eliminated in practice by ensuring, for example, that there is even distribution in the availability and quality of primary, secondary and palliative health-care facilities.","labels":["Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Place of residence"]},{"id":"e-c-12-gc-20-0035","docId":"e-c-12-gc-20","idx":35,"n":35,"text":"35. Individuals and groups of individuals must not be arbitrarily treated on account of belonging to a certain economic or social group or strata within society. A person’s social and economic situation when living in poverty or being homeless may result in pervasive discrimination, stigmatization and negative stereotyping which can lead to the refusal of, or unequal access to, the same quality of education and health care as others, as well as the denial of or unequal access to public places.","labels":["Persons in street situations","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["III. PROHIBITED GROUNDS OF DISCRIMINATION","Economic and social situation"]},{"id":"e-c-12-gc-20-0036","docId":"e-c-12-gc-20","idx":36,"n":36,"text":"36. In addition to refraining from discriminatory actions, States parties should take concrete, deliberate and targeted measures to ensure that discrimination in the exercise of Covenant rights is eliminated. Individuals and groups of individuals, who may be distinguished by one or more of the prohibited grounds, should be ensured the right to participate in decision-making processes over the selection of such measures. States parties should regularly assess whether the measures chosen are effective in practice.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["IV. NATIONAL IMPLEMENTATION"]},{"id":"e-c-12-gc-20-0037","docId":"e-c-12-gc-20","idx":37,"n":37,"text":"37. Adoption of legislation to address discrimination is indispensable in complying with article 2, paragraph 2. States parties are therefore encouraged to adopt specific legislation that prohibits discrimination in the field of economic, social and cultural rights. Such laws should aim at eliminating formal and substantive discrimination, attribute obligations to public and private actors and cover the prohibited grounds discussed above. Other laws should be regularly reviewed and, where necessary, amended in order to ensure that they do not discriminate or lead to discrimination, whether formally or substantively, in relation to the exercise and enjoyment of Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["IV. NATIONAL IMPLEMENTATION","Legislation"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0038","docId":"e-c-12-gc-20","idx":38,"n":38,"text":"States parties should ensure that strategies, policies, and plans of action are in place and implemented in order to address both formal and substantive discrimination by public and E/C.12/GC/20 page 12 private actors in the area of Covenant rights. Such policies, plans and strategies should address all groups distinguished by the prohibited grounds and States parties are encouraged, among other possible steps, to adopt temporary special measures in order to accelerate the achievement of equality. Economic policies, such as budgetary allocations and measures to stimulate economic growth, should pay attention to the need to guarantee the effective enjoyment of the Covenant rights without discrimination. Public and private institutions should be required to develop plans of action to address non-discrimination and the State should conduct human rights education and training programmes for public officials and make such training available to judges and candidates for judicial appointments. Teaching on the principles of equality and non-discrimination should be integrated in formal and non-formal inclusive and multicultural education, with a view to dismantling notions of superiority or inferiority based on prohibited grounds and to promote dialogue and tolerance between different groups in society. States parties should also adopt appropriate preventive measures to avoid the emergence of new marginalized groups.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["IV. NATIONAL IMPLEMENTATION","Policies, plans and strategies"]},{"id":"e-c-12-gc-20-0039","docId":"e-c-12-gc-20","idx":39,"n":39,"text":"39. States parties must adopt an active approach to eliminating systemic discrimination and segregation in practice. Tackling such discrimination will usually require a comprehensive approach with a range of laws, policies and programmes, including temporary special measures. States parties should consider using incentives to encourage public and private actors to change their attitudes and behaviour in relation to individuals and groups of individuals facing systemic discrimination, or penalize them in case of non-compliance. Public leadership and programmes to raise awareness about systemic discrimination and the adoption of strict measures against incitement to discrimination are often necessary. Eliminating systemic discrimination will frequently require devoting greater resources to traditionally neglected groups. Given the persistent hostility towards some groups, particular attention will need to be given to ensuring that laws and policies are implemented by officials and others in practice.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"section":["IV. NATIONAL IMPLEMENTATION","Elimination of systemic discrimination"]},{"id":"e-c-12-gc-20-0040","docId":"e-c-12-gc-20","idx":40,"n":40,"text":"40. National legislation, strategies, policies and plans should provide for mechanisms and institutions that effectively address the individual and structural nature of the harm caused by discrimination in the field of economic, social and cultural rights. Institutions dealing with allegations of discrimination customarily include courts and tribunals, administrative authorities, national human rights institutions and/or ombudspersons, which should be accessible to everyone without discrimination. These institutions should adjudicate or investigate complaints promptly, impartially, and independently and address alleged violations relating to article 2, paragraph 2, including actions or omissions by private actors. Where the facts and events at issue lie wholly, or in part, within the exclusive knowledge of the authorities or other respondent, the burden of proof should be regarded as resting on the authorities, or the other respondent, respectively. These institutions should also be empowered to provide effective remedies, such as compensation, reparation, restitution, rehabilitation, guarantees of non-repetition and public apologies, and State parties should ensure that these measures are effectively implemented.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[],"section":["IV. NATIONAL IMPLEMENTATION","Remedies and accountability"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-20-0041","docId":"e-c-12-gc-20","idx":41,"n":41,"text":"41. States parties are obliged to monitor effectively the implementation of measures to comply with article 2, paragraph 2, of the Covenant. Monitoring should assess both the steps taken and the results achieved in the elimination of discrimination. National strategies, policies and plans should use appropriate indicators and benchmarks, disaggregated on the basis of the prohibited grounds of discrimination.[[fn:29]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2009,"footnotes":[{"n":29,"text":"See CESCR general comments Nos. 13, 14, 15, 17 and 19, and its new reporting guidelines (E/C.12/2008/2)."}],"section":["IV. NATIONAL IMPLEMENTATION","Monitoring, indicators and benchmarks"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-c-12-gc-21-0001","docId":"e-c-12-gc-21","idx":1,"n":1,"text":"Cultural rights are an integral part of human rights and, like other rights, are universal, indivisible and interdependent. The full promotion of and respect for cultural rights is essential for the maintenance of human dignity and positive social interaction between individuals and communities in a diverse and multicultural world.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["I. Introduction and basic premises"]},{"id":"e-c-12-gc-21-0002","docId":"e-c-12-gc-21","idx":2,"n":2,"text":"The right of everyone to take part in cultural life is closely related to the other cultural rights contained in article 15: the right to enjoy the benefits of scientific progress and its applications (art. 15, para. 1 (b)); the right of everyone to benefit from the protection of moral and material interests resulting from any scientific, literary or artistic production of which they are the author (art. 15, para. 1 (c)); and the right to freedom indispensable for scientific research and creative activity (art. 15, para. 3). The right of everyone to take part in cultural life is also intrinsically linked to the right to education (arts. 13 and 14), through which individuals and communities pass on their values, religion, customs, language and other cultural references, and which helps to foster an atmosphere of mutual understanding and respect for cultural values. The right to take part in cultural life is also interdependent on other rights enshrined in the Covenant, including the right of all peoples to self-determination (art. 1) and the right to an adequate standard of living (art. 11).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["I. Introduction and basic premises"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"1","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-gc-21-0003","docId":"e-c-12-gc-21","idx":3,"n":3,"text":"The right of everyone to take part in cultural life is also recognized in article 27, paragraph 1, of the Universal Declaration of Human Rights, which states that “everyone has the right freely to participate in the cultural life of the community”. Other international instruments refer to the right to equal participation in cultural activities;[[fn:1]] the right to participate in all aspects of social and cultural life;[[fn:2]] the right to participate fully in cultural 070110 and artistic life;[[fn:3]] the right of access to and participation in cultural life;[[fn:4]] and the right to take part on an equal basis with others in cultural life.[[fn:5]] Instruments on civil and political rights,[[fn:6]] on the rights of persons belonging to minorities to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public,[[fn:7]] and to participate effectively in cultural life,[[fn:8]] on the rights of indigenous peoples to their cultural institutions, ancestral lands, natural resources and traditional knowledge,[[fn:9]] and on the right to development[[fn:10]] also contain important provisions on this subject.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[],"section":["I. Introduction and basic premises"],"citedArticles":[{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27, paragraph 1, of the Universal Declaration of Human Rights'; UDHR is non-treaty."}]},{"id":"e-c-12-gc-21-0004","docId":"e-c-12-gc-21","idx":4,"n":4,"text":"In the present general comment, the Committee addresses specifically the right of everyone under article 15 paragraph 1 (a), to take part in cultural life, in conjunction with paragraphs 2, 3 and 4, as they relate to culture, creative activity and the development of international contacts and cooperation in cultural fields, respectively. The right of everyone to benefit from the protection of moral and material interests resulting from any scientific, literary or artistic production of which they are the author, as provided for in article 15, paragraph 1 (c), was the subject of general comment No. 17 (2005).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["I. Introduction and basic premises"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0005","docId":"e-c-12-gc-21","idx":5,"n":5,"text":"The Committee has gained long experience on this subject through its consideration of reports and dialogue with States parties. In addition, it has twice organized a day of general discussion, once in 1992 and again in 2008, with representatives of international organizations and civil society with a view to preparing the present general comment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["I. Introduction and basic premises"]},{"id":"e-c-12-gc-21-0006","docId":"e-c-12-gc-21","idx":6,"n":6,"text":"The right to take part in cultural life can be characterized as a freedom. In order for this right to be ensured, it requires from the State party both abstention (i.e., non-interference with the exercise of cultural practices and with access to cultural goods and services) and positive action (ensuring preconditions for participation, facilitation and promotion of cultural life, and access to and preservation of cultural goods).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)"]},{"id":"e-c-12-gc-21-0007","docId":"e-c-12-gc-21","idx":7,"n":7,"text":"The decision by a person whether or not to exercise the right to take part in cultural life individually, or in association with others, is a cultural choice and, as such, should be recognized, respected and protected on the basis of equality. This is especially important for all indigenous peoples, who have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law, as well as the United Nations Declaration on the Rights of Indigenous Peoples.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)"]},{"id":"e-c-12-gc-21-0008","docId":"e-c-12-gc-21","idx":8,"n":8,"text":"The content or scope of the terms used in article 15, paragraph 1 (a), on the right of everyone to take part in cultural life, is to be understood as set out below:","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0009","docId":"e-c-12-gc-21","idx":9,"n":9,"text":"9. In its general comment No. 17 on the right to benefit from the protection of moral and material interests resulting from any scientific, literary or artistic production of which one is the author,[[fn:11]] the Committee recognizes that the term “everyone” in the first line of article 15 may denote the individual or the collective; in other words, cultural rights may be exercised by a person (a) as an individual, (b) in association with others, or (c) within a community or group, as such.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":11,"text":"See definition of “author” in general comment No. 17 (2005), paras. 7 and 8."}],"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“Everyone”"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0010","docId":"e-c-12-gc-21","idx":10,"n":10,"text":"10. Various definitions of “culture” have been postulated in the past and others may arise in the future. All of them, however, refer to the multifaceted content implicit in the concept of culture.[[fn:12]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":12,"text":"Culture is (a) “the set of distinctive spiritual, material, intellectual and emotional features of a society or a social group, [which] encompasses, in addition to art and literature, lifestyles, ways of living together, value systems, traditions and beliefs” (UNESCO Universal Declaration on Cultural Diversity, fifth preambular paragraph); (b) “in its very essence, a social phenomenon resulting from individuals joining and cooperating in creative activities [and] is not limited to access to works of art and the human rights, but is at one and the same time the acquisition of knowledge, the demand for a way of life and need to communicate” (UNESCO recommendation on participation by the people at large in cultural life and their contribution to it, 1976, the Nairobi recommendation, fifth preambular paragraph (a) and (c)); (c) “covers those values, beliefs, convictions, languages, knowledge and the arts, traditions, institutions and ways of life through which a person or a group expresses their humanity and meanings that they give to their existence and to their development” (Fribourg Declaration on Cultural Rights, art. 2 (a) (definitions); (d) “the sum total of the material and spiritual activities and products of a given social group which distinguishes it from other similar groups [and] a system of values and symbols as well as a set of practices that a specific cultural group reproduces over time and which provides individuals with the required signposts and meanings for behaviour and social relationships in everyday life”. (Rodolfo Stavenhagen, “Cultural Rights: A social science perspective”, in H. Niec (ed.), Cultural Rights and Wrongs: A collection of essays in commemoration of the 50th anniversary of the Universal Declaration of Human Rights, Paris and Leicester, UNESCO Publishing and Institute of Art and Law)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“Cultural life”"]},{"id":"e-c-12-gc-21-0011","docId":"e-c-12-gc-21","idx":11,"n":11,"text":"11. In the Committee’s view, culture is a broad, inclusive concept encompassing all manifestations of human existence. The expression “cultural life” is an explicit reference to culture as a living process, historical, dynamic and evolving, with a past, a present and a future.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“Cultural life”"]},{"id":"e-c-12-gc-21-0012","docId":"e-c-12-gc-21","idx":12,"n":12,"text":"12. The concept of culture must be seen not as a series of isolated manifestations or hermetic compartments, but as an interactive process whereby individuals and communities, while preserving their specificities and purposes, give expression to the culture of humanity. This concept takes account of the individuality and otherness of culture as the creation and product of society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“Cultural life”"]},{"id":"e-c-12-gc-21-0013","docId":"e-c-12-gc-21","idx":13,"n":13,"text":"13. The Committee considers that culture, for the purpose of implementing article 15 (1) (a), encompasses, inter alia, ways of life, language, oral and written literature, music and song, non-verbal communication, religion or belief systems, rites and ceremonies, sport and games, methods of production or technology, natural and man-made environments, food, clothing and shelter and the arts, customs and traditions through which individuals, groups of individuals and communities express their humanity and the meaning they give to their existence, and build their world view representing their encounter with the external forces affecting their lives. Culture shapes and mirrors the values of well-being and the economic, social and political life of individuals, groups of individuals and communities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“Cultural life”"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-21-0014","docId":"e-c-12-gc-21","idx":14,"n":14,"text":"14. The terms “to participate” and “to take part” have the same meaning and are used interchangeably in other international and regional instruments.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“To participate” or “to take part”"]},{"id":"e-c-12-gc-21-0015","docId":"e-c-12-gc-21","idx":15,"n":15,"text":"There are, among others, three interrelated main components of the right to participate or take part in cultural life: (a) participation in, (b) access to, and (c) contribution to cultural life. (a) Participation covers in particular the right of everyone — alone, or in association with others or as a community — to act freely, to choose his or her own identity, to identify or not with one or several communities or to change that choice, to take part in the political life of society, to engage in one’s own cultural practices and to express oneself in the language of one’s choice. Everyone also has the right to seek and develop cultural knowledge and expressions and to share them with others, as well as to act creatively and take part in creative activity; (b) Access covers in particular the right of everyone — alone, in association with others or as a community — to know and understand his or her own culture and that of others through education and information, and to receive quality education and training with due regard for cultural identity. Everyone has also the right to learn about forms of expression and dissemination through any technical medium of information or communication, to follow a way of life associated with the use of cultural goods and resources such as land, water,[[fn:13]] biodiversity, language or specific institutions, and to benefit from the cultural heritage and the creation of other individuals and communities; (c) Contribution to cultural life refers to the right of everyone to be involved in creating the spiritual, material, intellectual and emotional expressions of the community. This is supported by the right to take part in the development of the community to which a person belongs, and in the definition, elaboration and implementation of policies and decisions that have an impact on the exercise of a person’s cultural rights.[[fn:14]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":13,"text":"General comment No. 15 (2002), paras. 6 and 11."},{"n":14,"text":"UNESCO Universal Declaration on Cultural Diversity, art. 5. See also Fribourg Declaration on Cultural Rights, art. 7."}],"section":["II. Normative content of article 15, paragraph 1 (a)","A. Components of article 15, paragraph 1 (a)","“To participate” or “to take part”"]},{"id":"e-c-12-gc-21-0016","docId":"e-c-12-gc-21","idx":16,"n":16,"text":"The following are necessary conditions for the full realization of the right of everyone to take part in cultural life on the basis of equality and non-discrimination. (a) Availability is the presence of cultural goods and services that are open for everyone to enjoy and benefit from, including libraries, museums, theatres, cinemas and sports stadiums; literature, including folklore, and the arts in all forms; the shared open spaces essential to cultural interaction, such as parks, squares, avenues and streets; nature’s gifts, such as seas, lakes, rivers, mountains, forests and nature reserves, including the flora and fauna found there, which give nations their character and biodiversity; intangible cultural goods, such as languages, customs, traditions, beliefs, knowledge and history, as well as values, which make up identity and contribute to the cultural diversity of individuals and communities. Of all the cultural goods, one of special value is the productive intercultural kinship that arises where diverse groups, minorities and communities can freely share the same territory; (b) Accessibility consists of effective and concrete opportunities for individuals and communities to enjoy culture fully, within physical and financial reach for all in both urban and rural areas, without discrimination.[[fn:15]] It is essential, in this regard, that access for older persons and persons with disabilities, as well as for those who live in poverty, is provided and facilitated. Accessibility also includes the right of everyone to seek, receive and share information on all manifestations of culture in the language of the person’s choice, and the access of communities to means of expressions and dissemination. (c) Acceptability entails that the laws, policies, strategies, programmes and measures adopted by the State party for the enjoyment of cultural rights should be formulated and implemented in such a way as to be acceptable to the individuals and communities involved. In this regard, consultations should be held with the individuals and communities concerned in order to ensure that the measures to protect cultural diversity are acceptable to them; (d) Adaptability refers to the flexibility and relevance of strategies, policies, programmes and measures adopted by the State party in any area of cultural life, which must be respectful of the cultural diversity of individuals and communities; (e) Appropriateness refers to the realization of a specific human right in a way that is pertinent and suitable to a given cultural modality or context, that is, respectful of the culture and cultural rights of individuals and communities, including minorities and indigenous peoples.[[fn:16]] The Committee has in many instances referred to the notion of cultural appropriateness (or cultural acceptability or adequacy) in past general comments, in relation in particular to the rights to food, health, water, housing and education. The way in which rights are implemented may also have an impact on cultural life and cultural diversity. The Committee wishes to stress in this regard the need to take into account, as far as possible, cultural values attached to, inter alia, food and food consumption, the use of water, the way health and education services are provided and the way housing is designed and constructed.","labels":["Indigenous peoples","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":15,"text":"See general comment No. 20 (2009)."},{"n":16,"text":"Fribourg Declaration on Cultural Rights, art. 1 (e)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","B. Elements of the right to take part in cultural life"]},{"id":"e-c-12-gc-21-0017","docId":"e-c-12-gc-21","idx":17,"n":17,"text":"17. The right of everyone to take part in cultural life is closely linked to the enjoyment of other rights recognized in the international human rights instruments. Consequently, States parties have a duty to implement their obligations under article 15, paragraph 1 (a), together with their obligations under other provisions of the Covenant and international instruments, in order to promote and protect the entire range of human rights guaranteed under international law.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","C. Limitations to the right to take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0018","docId":"e-c-12-gc-21","idx":18,"n":18,"text":"18. The Committee wishes to recall that, while account must be taken of national and regional particularities and various historical, cultural and religious backgrounds, it is the duty of States, regardless of their political, economic or cultural systems, to promote and protect all human rights and fundamental freedoms.[[fn:17]] Thus, no one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor to limit their scope.[[fn:18]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":17,"text":"Vienna Declaration and Programme of Action, para. 5."},{"n":18,"text":"Universal Declaration on Cultural Diversity, art. 4."}],"section":["II. Normative content of article 15, paragraph 1 (a)","C. Limitations to the right to take part in cultural life"]},{"id":"e-c-12-gc-21-0019","docId":"e-c-12-gc-21","idx":19,"n":19,"text":"19. Applying limitations to the right of everyone to take part in cultural life may be necessary in certain circumstances, in particular in the case of negative practices, including those attributed to customs and traditions, that infringe upon other human rights. Such limitations must pursue a legitimate aim, be compatible with the nature of this right and be strictly necessary for the promotion of general welfare in a democratic society, in accordance with article 4 of the Covenant. Any limitations must therefore be proportionate, meaning that the least restrictive measures must be taken when several types of limitations may be imposed. The Committee also wishes to stress the need to take into consideration existing international human rights standards on limitations that can or cannot be legitimately imposed on rights that are intrinsically linked to the right to take part in cultural life, such as the rights to privacy, to freedom of thought, conscience and religion, to freedom of opinion and expression, to peaceful assembly and to freedom of association.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","C. Limitations to the right to take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-21-0020","docId":"e-c-12-gc-21","idx":20,"n":20,"text":"20. Article 15, paragraph 1 (a) may not be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized in the Covenant or at their limitation to a greater extent than is provided for therein.[[fn:19]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":19,"text":"International Covenant on Economic, Social and Cultural Rights, art. 5, para. 1."}],"section":["II. Normative content of article 15, paragraph 1 (a)","C. Limitations to the right to take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0021","docId":"e-c-12-gc-21","idx":21,"n":21,"text":"21. Article 2, paragraph 2, and article 3 of the Covenant prohibit any discrimination in the exercise of the right of everyone to take part in cultural life on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.[[fn:20]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":20,"text":"See general comment No. 20 (2009)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","D. Special topics of broad application","Non-discrimination and equal treatment"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-21-0022","docId":"e-c-12-gc-21","idx":22,"n":22,"text":"22. In particular, no one shall be discriminated against because he or she chooses to belong, or not to belong, to a given cultural community or group, or to practise or not to practise a particular cultural activity. Likewise, no one shall be excluded from access to cultural practices, goods and services.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","D. Special topics of broad application","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-21-0023","docId":"e-c-12-gc-21","idx":23,"n":23,"text":"23. The Committee emphasizes that the elimination of all forms of discrimination in order to guarantee the exercise of the right of everyone to take part in cultural life can, in many cases, be achieved with limited resources[[fn:21]] by the adoption, amendment or repeal of legislation, or through publicity and information. In particular, a first and important step towards the elimination of discrimination, whether direct or indirect, is for States to recognize the existence of diverse cultural identities of individuals and communities on their territories. The Committee also refers States parties to its general comment No. 3 (1990), paragraph 12, on the nature of States parties’ obligations, which establishes that, even in times of severe resource constraints, the most disadvantaged and marginalized individuals and groups can and indeed must be protected by the adoption of relatively low-cost targeted programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":21,"text":"See general comment No. 3 (1990); statement by the Committee: an evaluation of the obligation to take steps to the “maximum of available resources” under an optional protocol to the Covenant (E/C.12/2007/1)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","D. Special topics of broad application","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-21-0024","docId":"e-c-12-gc-21","idx":24,"n":24,"text":"24. The adoption of temporary special measures with the sole purpose of achieving de facto equality does not constitute discrimination, provided that such measures do not perpetuate unequal protection or form a separate system of protection for certain individuals or groups of individuals, and that they are discontinued when the objectives for which they were taken have been achieved.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","D. Special topics of broad application","Non-discrimination and equal treatment"]},{"id":"e-c-12-gc-21-0025","docId":"e-c-12-gc-21","idx":25,"n":25,"text":"25. Ensuring the equal right of men and women to the enjoyment of economic, social and cultural rights is a mandatory and immediate obligation of States parties.[[fn:22]] Implementing article 3 of the Covenant, in relation to article 15, paragraph 1 (a), requires, inter alia, the elimination of institutional and legal obstacles as well as those based on negative practices, including those attributed to customs and traditions, that prevent women from participating fully in cultural life, science education and scientific research.[[fn:23]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":22,"text":"General comment No. 16 (2005), para. 16."},{"n":23,"text":"Ibid., para. 31."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","1. Women"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0026","docId":"e-c-12-gc-21","idx":26,"n":26,"text":"26. Children play a fundamental role as the bearers and transmitters of cultural values from generation to generation. States parties should take all the steps necessary to stimulate and develop children’s full potential in the area of cultural life, with due regard for the rights and responsibilities of their parents or guardians. In particular, when taking into consideration their obligations under the Covenant and other human rights instruments on the right to education, including with regard to the aims of education,[[fn:24]] States should recall that the fundamental aim of educational development is the transmission and enrichment of common cultural and moral values in which the individual and society find their identity and worth.[[fn:25]] Thus, education must be culturally appropriate, include human rights education, enable children to develop their personality and cultural identity and to learn and understand cultural values and practices of the communities to which they belong, as well as those of other communities and societies.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":24,"text":"In particular articles 28 and 29 of the Convention on the Rights of the Child."},{"n":25,"text":"World Declaration on Education for All: Meeting Basic Learning Needs, art. I-3."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","2. Children"]},{"id":"e-c-12-gc-21-0027","docId":"e-c-12-gc-21","idx":27,"n":27,"text":"27. The Committee wishes to recall in this regard that educational programmes of States parties should respect the cultural specificities of national or ethnic, linguistic and religious minorities as well as indigenous peoples, and incorporate in those programmes their history, knowledge and technologies, as well as their social, economic and cultural values and aspirations. Such programmes should be included in school curricula for all, not only for minorities and indigenous peoples. States parties should adopt measures and spare no effort to ensure that educational programmes for minorities and indigenous groups are conducted on or in their own language, taking into consideration the wishes expressed by communities and in the international human rights standards in this area.[[fn:26]] Educational programmes should also transmit the necessary knowledge to enable everyone to participate fully and on an equal footing in their own and in national communities.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":26,"text":"In particular the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, the Declaration on the Rights of Indigenous Peoples and the International Labour Organization Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","2. Children"]},{"id":"e-c-12-gc-21-0028","docId":"e-c-12-gc-21","idx":28,"n":28,"text":"28. The Committee is of the view that States parties to the Covenant are obligated to pay particular attention to the promotion and protection of the cultural rights of older persons. The Committee emphasizes the important role that older persons continue to play in most societies by reason of their creative, artistic and intellectual abilities, and as the transmitters of information, knowledge, traditions and cultural values. Consequently, the Committee attaches particular importance to the message contained in recommendations 44 and 48 of the Vienna International Plan of Action on Aging, calling for the development of programmes featuring older persons as teachers and transmitters of knowledge, culture and spiritual values, and encouraging Governments and international organizations to support programmes aimed at providing older persons with easier physical access to cultural institutions (such as museums, theatres, concert halls and cinemas).[[fn:27]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":27,"text":"General comment No. 6 (1995), paras. 38 and 40."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","3. Older persons"]},{"id":"e-c-12-gc-21-0029","docId":"e-c-12-gc-21","idx":29,"n":29,"text":"29. The Committee therefore urges States parties to take account of the recommendations contained in the United Nations Principles for Older Persons, and in particular of principle 7, that older persons should remain integrated in society, participate actively in the formulation and implementation of policies that directly affect their wellbeing and share their knowledge and skills with younger generations; and principle 16, that older persons should have access to the educational, cultural, spiritual and recreational resources of society.[[fn:28]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":28,"text":"General comment No. 6 (1995), para. 39."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","3. Older persons"]},{"id":"e-c-12-gc-21-0030","docId":"e-c-12-gc-21","idx":30,"n":30,"text":"30. Paragraph 17 of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities provides that States should ensure that persons with disabilities have the opportunity to utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community, be they in urban or rural areas, and that States should promote accessibility to and availability of places for cultural performances and services.[[fn:29]]","labels":["Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":29,"text":"General Assembly resolution 48/96, annex."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","4. Persons with disabilities"]},{"id":"e-c-12-gc-21-0031","docId":"e-c-12-gc-21","idx":31,"n":31,"text":"31. In order to facilitate participation of persons with disabilities in cultural life, States parties should, inter alia, recognize the right of these persons to have access to cultural material, television programmes, films, theatre and other cultural activities, in accessible forms; to have access to places where cultural performances or services are offered, such as theatres, museums, cinemas, libraries and tourist services and, to the extent possible, to monuments and places of national cultural importance; to the recognition of their specific cultural and linguistic identity, including sign language and the culture of the deaf; and to the encouragement and promotion of their participation, to the extent possible, in recreational, leisure and sporting activities.[[fn:30]]","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":30,"text":"Convention on the Rights of Persons with Disabilities, art. 30."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","4. Persons with disabilities"]},{"id":"e-c-12-gc-21-0032","docId":"e-c-12-gc-21","idx":32,"n":32,"text":"32. In the Committee’s view, article 15, paragraph 1 (a) of the Covenant also includes the right of minorities and of persons belonging to minorities to take part in the cultural life of society, and also to conserve, promote and develop their own culture.[[fn:31]] This right entails the obligation of States parties to recognize, respect and protect minority cultures as an essential component of the identity of the States themselves. Consequently, minorities have the right to their cultural diversity, traditions, customs, religion, forms of education, languages, communication media (press, radio, television, Internet) and other manifestations of their cultural identity and membership.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":31,"text":"International Covenant on Civil and Political Rights, art. 27; Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, para. 1 (1)."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","5. Minorities"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0033","docId":"e-c-12-gc-21","idx":33,"n":33,"text":"33. Minorities, as well as persons belonging to minorities, have the right not only to their own identity but also to development in all areas of cultural life. Any programme intended to promote the constructive integration of minorities and persons belonging to minorities into the society of a State party should thus be based on inclusion, participation and nondiscrimination, with a view to preserving the distinctive character of minority cultures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","5. Minorities"]},{"id":"e-c-12-gc-21-0034","docId":"e-c-12-gc-21","idx":34,"n":34,"text":"34. States parties should pay particular attention to the protection of the cultural identities of migrants, as well as their language, religion and folklore, and of their right to hold cultural, artistic and intercultural events. States parties should not prevent migrants from maintaining their cultural links with their countries of origin.[[fn:32]]","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":32,"text":"International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 31."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","6. Migrants"]},{"id":"e-c-12-gc-21-0035","docId":"e-c-12-gc-21","idx":35,"n":35,"text":"35. As education is intrinsically related to culture, the Committee recommends that States parties adopt appropriate measures to enable the children of migrants to attend, on a basis of equal treatment, State-run educational institution and programmes.","labels":["Migrants","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","6. Migrants"]},{"id":"e-c-12-gc-21-0036","docId":"e-c-12-gc-21","idx":36,"n":36,"text":"36. States parties should take measures to guarantee that the exercise of the right to take part in cultural life takes due account of the values of cultural life, which may be strongly communal or which can only be expressed and enjoyed as a community by indigenous peoples.[[fn:33]] The strong communal dimension of indigenous peoples’ cultural life is indispensable to their existence, wellbeing and full development, and includes the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.[[fn:34]] Indigenous peoples’ cultural values and rights associated with their ancestral lands and their relationship with nature should be regarded with respect and protected, in order to prevent the degradation of their particular way of life, including their means of subsistence, the loss of their natural resources and, ultimately, their cultural identity.[[fn:35]] States parties must therefore take measures to recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources, and, where they have been otherwise inhabited or used without their free and informed consent, take steps to return these lands and territories.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":33,"text":"See Declaration on the Rights of Indigenous Peoples, art. 1. See also ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169), art. 1, para. 2."},{"n":34,"text":"United Nations Declaration on the Rights of Indigenous Peoples, art. 26 (a)."},{"n":35,"text":"Convention No. 169, arts. 13–16. See also the United Nations Declaration on the Rights of Indigenous Peoples, arts. 20 and 33."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","7. Indigenous peoples"]},{"id":"e-c-12-gc-21-0037","docId":"e-c-12-gc-21","idx":37,"n":37,"text":"37. Indigenous peoples have the right to act collectively to ensure respect for their right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literature, designs, sports and traditional games, and visual and performing arts.[[fn:36]] States parties should respect the principle of free, prior and informed consent of indigenous peoples in all matters covered by their specific rights.[[fn:37]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":36,"text":"ILO Convention No. 169, arts. 5 and 31. See also the United Nations Declaration on the Rights of Indigenous Peoples, arts. 11–13."},{"n":37,"text":"ILO Convention No. 169, art. 6 (a). See also the United Nations Declaration on the Rights of Indigenous Peoples, art. 19."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","7. Indigenous peoples"]},{"id":"e-c-12-gc-21-0038","docId":"e-c-12-gc-21","idx":38,"n":38,"text":"38. The Committee considers that every person or group of persons is endowed with a cultural richness inherent in their humanity and therefore can make, and continues to make, a significant contribution to the development of culture. Nevertheless, it must be borne in mind that, in practice, poverty seriously restricts the ability of a person or a group of persons to exercise the right to take part in, gain access and contribute to, on equal terms, all spheres of cultural life, and more importantly, seriously affects their hopes for the future and their ability to enjoy effectively their own culture. The common underlying theme in the experience of persons living in poverty is a sense of powerlessness that is often a consequence of their situation. Awareness of their human rights, and particularly the right of every person to take part in cultural life, can significantly empower persons or groups of persons living in poverty.[[fn:38]]","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":38,"text":"See E/C.12/2001/10, para. 5."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","8. Persons living in poverty"]},{"id":"e-c-12-gc-21-0039","docId":"e-c-12-gc-21","idx":39,"n":39,"text":"39. Culture as a social product must be brought within the reach of all, on the basis of equality, non-discrimination and participation. Therefore, in implementing the legal obligations enshrined in article 15, paragraph 1 (a), of the Covenant, States parties must adopt, without delay, concrete measures to ensure adequate protection and the full exercise of the right of persons living in poverty and their communities to enjoy and take part in cultural life. In this respect, the Committee refers States parties to its statement on poverty and the International Covenant on Economic, Social and Cultural Rights.[[fn:39]]","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":39,"text":"Ibid., para. 14."}],"section":["II. Normative content of article 15, paragraph 1 (a)","E. Persons and communities requiring special protection","8. Persons living in poverty"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0040","docId":"e-c-12-gc-21","idx":40,"n":40,"text":"40. The protection of cultural diversity is an ethical imperative, inseparable from respect for human dignity. It implies a commitment to human rights and fundamental freedoms, and requires the full implementation of cultural rights, including the right to take part in cultural life.[[fn:40]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":40,"text":"See the Universal Declaration on Cultural Diversity, arts. 4 and 5."}],"section":["II. Normative content of article 15, paragraph 1 (a)","F. Cultural diversity and the right to take part in cultural life"]},{"id":"e-c-12-gc-21-0041","docId":"e-c-12-gc-21","idx":41,"n":41,"text":"41. Cultures have no fixed borders. The phenomena of migration, integration, assimilation and globalization have brought cultures, groups and individuals into closer contact than ever before, at a time when each of them is striving to keep their own identity.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","F. Cultural diversity and the right to take part in cultural life"]},{"id":"e-c-12-gc-21-0042","docId":"e-c-12-gc-21","idx":42,"n":42,"text":"42. Given that globalization has positive and negative effects, States parties must take appropriate steps to avoid its adverse consequences on the right to take part in cultural life, particularly for the most disadvantaged and marginalized individuals and groups, such as persons living in poverty. Far from having produced a single world culture, globalization has demonstrated that the concept of culture implies the coexistence of different cultures.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["II. Normative content of article 15, paragraph 1 (a)","F. Cultural diversity and the right to take part in cultural life"]},{"id":"e-c-12-gc-21-0043","docId":"e-c-12-gc-21","idx":43,"n":43,"text":"43. States parties should also bear in mind that cultural activities, goods and services have economic and cultural dimensions, conveying identity, values and meanings. They must not be treated as having solely a commercial value.[[fn:41]] In particular, bearing in mind article 15 (2) of the Covenant, States parties should adopt measures to protect and promote the diversity of cultural expressions,[[fn:42]] and enable all cultures to express themselves and make themselves known.[[fn:43]] In this respect, due regard should be paid to human rights standards, including the right to information and expression, and to the need to protect the free flow of ideas by word and image. The measures may also aim at preventing the signs, symbols and expressions of a particular culture from being taken out of context for the sole purpose of marketing or exploitation by the mass media.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":41,"text":"UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, preamble, para. 18. See also the Universal Declaration on Cultural Diversity, art. 8."},{"n":42,"text":"UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, art. IV-5."},{"n":43,"text":"See the Universal Declaration on Cultural Diversity, art. 6."}],"section":["II. Normative content of article 15, paragraph 1 (a)","F. Cultural diversity and the right to take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-21-0044","docId":"e-c-12-gc-21","idx":44,"n":44,"text":"44. The Covenant imposes on States parties the immediate obligation to guarantee that the right set out in article 15, paragraph 1 (a), is exercised without discrimination, to recognize cultural practices and to refrain from interfering in their enjoyment and development.[[fn:44]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":44,"text":"See general comment No. 20 (2009)."}],"section":["III. States parties’ obligations","A. General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0045","docId":"e-c-12-gc-21","idx":45,"n":45,"text":"45. While the Covenant provides for the “progressive” realization of the rights set out in its provisions and recognizes the problems arising from limited resources, it imposes on States parties the specific and continuing obligation to take deliberate and concrete measures aimed at the full implementation of the right of everyone to take part in cultural life.[[fn:45]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":45,"text":"See general comments No. 3 (1990), para. 9, No. 13 (1999), para. 44, No. 14 (2000), para. 31, No. 17 (2005), para. 26 and No. 18 (2005), para. 20. See also the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights, para. 21."}],"section":["III. States parties’ obligations","A. General legal obligations"]},{"id":"e-c-12-gc-21-0046","docId":"e-c-12-gc-21","idx":46,"n":46,"text":"46. As in the case of the other rights set out in the Covenant, regressive measures taken in relation to the right of everyone to take part in cultural life are not permitted. Consequently, if any such measure is taken deliberately, the State party has to prove that it was taken after careful consideration of all alternatives and that the measure in question is justified, bearing in mind the complete set of rights recognized in the Covenant.[[fn:46]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":46,"text":"See general comments No. 3 (1990), para. 9, No. 13 (1999), para. 45, No. 14 (2000), para. 32, No. 17 (2005), para. 27 and No. 18 (2005), para. 21."}],"section":["III. States parties’ obligations","A. General legal obligations"]},{"id":"e-c-12-gc-21-0047","docId":"e-c-12-gc-21","idx":47,"n":47,"text":"47. Given the interrelationship between the rights set out in article 15 of the Covenant (see paragraph 2 above), the full realization of the right of everyone to take part in cultural life also requires the adoption of steps necessary for the conservation, development and dissemination of science and culture, as well as steps to ensure respect for the freedom indispensable to scientific research and creative activity, in accordance with paragraphs 2 and 3, respectively, of article 15.[[fn:47]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":47,"text":"See general comments No. 13 (1999), paras. 46 and 47, No. 14 (2000), para. 33, No. 17 (2005), para. 28 and No. 18 (2005), para. 22."}],"section":["III. States parties’ obligations","A. General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0048","docId":"e-c-12-gc-21","idx":48,"n":48,"text":"48. The right of everyone to take part in cultural life, like the other rights enshrined in the Covenant, imposes three types or levels of obligations on States parties: (a) the obligation to respect; (b) the obligation to protect; and (c) the obligation to fulfil. The obligation to respect requires States parties to refrain from interfering, directly or indirectly, with the enjoyment of the right to take part in cultural life. The obligation to protect requires States parties to take steps to prevent third parties from interfering in the right to take part in cultural life. Lastly, the obligation to fulfil requires States parties to take appropriate legislative, administrative, judicial, budgetary, promotional and other measures aimed at the full realization of the right enshrined in article 15, paragraph 1 (a), of the Covenant.[[fn:48]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":48,"text":"See general comments No. 13 (1990), paras. 46 and 47, No. 14 (2000), para. 33, No. 17 (2005), para. 28 and No. 18 (2005), para. 22. See also the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights, para. 6."}],"section":["III. States parties’ obligations","B. Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0049","docId":"e-c-12-gc-21","idx":49,"n":49,"text":"49. The obligation to respect includes the adoption of specific measures aimed at achieving respect for the right of everyone, individually or in association with others or within a community or group: (a) To freely choose their own cultural identity, to belong or not to belong to a community, and have their choice respected;","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[],"section":["III. States parties’ obligations","B. Specific legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0050","docId":"e-c-12-gc-21","idx":50,"n":50,"text":"50. In many instances, the obligations to respect and to protect freedoms, cultural heritage and diversity are interconnected. Consequently, the obligation to protect is to be understood as requiring States to take measures to prevent third parties from interfering in the exercise of rights listed in paragraph 49 above. In addition, States parties are obliged to: (a) Respect and protect cultural heritage in all its forms, in times of war and peace, and natural disasters;","labels":["Indigenous peoples","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[],"section":["III. States parties’ obligations","B. Specific legal obligations"],"citedArticles":[{"article":"19","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text says 'taking into consideration articles 19 and 20 of the International Covenant on Civil and Political Rights' — explicit override from regex_default_treaty=ICESCR."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text says 'articles 19 and 20 of the International Covenant on Civil and Political Rights' — explicit."},{"article":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text says 'article 4 of the Internationa[l Convention on the Elimination of All Forms of Racial Discrimination]' — truncated at end of text but clear from context naming CERD; explicit_treaties includes CERD."}]},{"id":"e-c-12-gc-21-0051","docId":"e-c-12-gc-21","idx":51,"n":51,"text":"51. The obligation to fulfil can be subdivided into the obligations to facilitate, promote and provide.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-21-0052","docId":"e-c-12-gc-21","idx":52,"n":52,"text":"States parties are under an obligation to facilitate the right of everyone to take part in cultural life by taking a wide range of positive measures, including financial measures, that would contribute to the realization of this right, such as: (a) Adopting policies for the protection and promotion of cultural diversity, and facilitating access to a rich and diversified range of cultural expressions, including through, inter alia, measures aimed at establishing and supporting public institutions and the cultural infrastructure necessary for the implementation of such policies; and measures aimed at enhancing diversity through public broadcasting in regional and minority languages; (b) Adopting policies enabling persons belonging to diverse cultural communities to engage freely and without discrimination in their own cultural practices and those of others, and to choose freely their way of life; (c) Promoting the exercise of the right of association for cultural and linguistic minorities for the development of their cultural and linguistic rights; (d) Granting assistance, financial or other, to artists, public and private organizations, including science academies, cultural associations, trade unions and other individuals and institutions engaged in scientific and creative activities; (e) Encouraging scientists, artists and others to take part in international scientific and cultural research activities, such as symposiums, conferences, seminars and workshops; (f) Taking appropriate measures or programmes to support minorities or other communities, including migrant communities, in their efforts to preserve their culture; (g) Taking appropriate measures to remedy structural forms of discrimination so as to ensure that the underrepresentation of persons from certain communities in public life does not adversely affect their right to take part in cultural life; (h) Taking appropriate measures to create conditions conducive to a constructive intercultural relationship between individuals and groups based on mutual respect, understanding and tolerance; (i) Taking appropriate measures to conduct public campaigns through the media, educational institutions and other available channels, with a view to eliminating any form of prejudice against individuals or communities, based on their cultural identity.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-21-0053","docId":"e-c-12-gc-21","idx":53,"n":53,"text":"53. The obligation to promote requires States parties to take effective steps to ensure that there is appropriate education and public awareness concerning the right to take part in cultural life, particularly in rural and deprived urban areas, or in relation to the specific situation of, inter alia, minorities and indigenous peoples. This includes education and awareness-raising on the need to respect cultural heritage and cultural diversity.","labels":["Indigenous peoples","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-21-0054","docId":"e-c-12-gc-21","idx":54,"n":54,"text":"The obligation to fulfil requires that States parties must provide all that is necessary for fulfilment of the right to take part in cultural life when individuals or communities are unable, for reasons outside their control, to realize this right for themselves with the means at their disposal. This level of obligation includes, for example: (a) The enactment of appropriate legislation and the establishment of effective mechanisms allowing persons, individually, in association with others, or within a community or group, to participate effectively in decision-making processes, to claim protection of their right to take part in cultural life, and to claim and receive compensation if their rights have been violated; (b) Programmes aimed at preserving and restoring cultural heritage; (c) The inclusion of cultural education at every level in school curricula, including history, literature, music and the history of other cultures, in consultation with all concerned; (d) Guaranteed access for all, without discrimination on grounds of financial or any other status, to museums, libraries, cinemas and theatres and to cultural activities, services and events.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-21-0055","docId":"e-c-12-gc-21","idx":55,"n":55,"text":"In its general comment No. 3 (1990), the Committee stressed that States parties have a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights set out in the Covenant. Thus, in accordance with the Covenant and other international instruments dealing with human rights and the protection of cultural diversity, the Committee considers that article 15, paragraph 1 (a), of the Covenant entails at least the obligation to create and promote an environment within which a person individually, or in association with others, or within a community or group, can participate in the culture of their choice, which includes the following core obligations applicable with immediate effect: (a) To take legislative and any other necessary steps to guarantee non-discrimination and gender equality in the enjoyment of the right of everyone to take part in cultural life; (b) To respect the right of everyone to identify or not identify themselves with one or more communities, and the right to change their choice; (c) To respect and protect the right of everyone to engage in their own cultural practices, while respecting human rights which entails, in particular, respecting freedom of thought, belief and religion; freedom of opinion and expression; a person’s right to use the language of his or her choice; freedom of association and peaceful assembly; and freedom to choose and set up educational establishments; (d) To eliminate any barriers or obstacles that inhibit or restrict a person’s access to the person’s own culture or to other cultures, without discrimination and without consideration for frontiers of any kind; (e) To allow and encourage the participation of persons belonging to minority groups, indigenous peoples or to other communities in the design and implementation of laws and policies that affect them. In particular, States parties should obtain their free and informed prior consent when the preservation of their cultural resources, especially those associated with their way of life and cultural expression, are at risk.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","C. Core obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0056","docId":"e-c-12-gc-21","idx":56,"n":56,"text":"56. In its general comment No. 3 (1990), the Committee draws attention to the obligation of States parties to take steps, individually and through international assistance and cooperation, especially through economic and technical cooperation, with a view to achieving the full realization of the rights recognized in the Covenant. In the spirit of Article 56 of the Charter of the United Nations, as well as specific provisions of the International Covenant on Economic, Social and Cultural Rights (art. 2, para. 1, and arts. 15 and 23), States parties should recognize and promote the essential role of international cooperation in the achievement of the rights recognized in the Covenant, including the right of everyone to take part in cultural life, and should fulfil their commitment to take joint and separate action to that effect.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["III. States parties’ obligations","D. International obligations"],"citedArticles":[{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"'Article 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'specific provisions of the International Covenant on Economic, Social and Cultural Rights (art. 2, para. 1, and arts. 15 and 23)'; ICESCR art.2 explicitly named."}]},{"id":"e-c-12-gc-21-0057","docId":"e-c-12-gc-21","idx":57,"n":57,"text":"57. States parties should, through international agreements where appropriate, ensure that the realization of the right of everyone to take part in cultural life receives due attention.[[fn:53]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":53,"text":"See general comment No. 18 (2005), para. 29."}],"section":["III. States parties’ obligations","D. International obligations"]},{"id":"e-c-12-gc-21-0058","docId":"e-c-12-gc-21","idx":58,"n":58,"text":"58. The Committee recalls that international cooperation for development and thus for the realization of economic, social and cultural rights, including the right to take part in cultural life, is an obligation of States parties, especially of those States that are in a position to provide assistance. This obligation is in accordance with Articles 55 and 56 of the Charter of the United Nations, as well as articles 2, paragraph 1, and articles 15 and 23 of the Covenant.[[fn:54]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":54,"text":"General comment No. 3 (1990), para. 14. See also general comment No. 18 (2005), para. 37."}],"section":["III. States parties’ obligations","D. International obligations"],"citedArticles":[{"article":"55","treaty":"?","confidence":"high","source":"opus","rationale":"'Articles 55 and 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Same 'Articles 55 and 56 of the Charter of the United Nations'."},{"article":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'articles 2, paragraph 1, and articles 15 and 23 of the Covenant'; ICESCR."},{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"Same enumeration 'articles 2, ... and articles 15 and 23 of the Covenant'; ICESCR art.15."},{"article":"23","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'articles 15 and 23 of the Covenant'; ICESCR art.23 on international action."}]},{"id":"e-c-12-gc-21-0059","docId":"e-c-12-gc-21","idx":59,"n":59,"text":"59. In negotiations with international financial institutions and in concluding bilateral agreements, States parties should ensure that the enjoyment of the right enshrined in article 15, paragraph 1 (a), of the Covenant is not impaired. For example, the strategies, programmes and policies adopted by States parties under structural adjustment programmes should not interfere with their core obligations in relation to the right of everyone, especially the most disadvantaged and marginalized individuals and groups, to take part in cultural life.[[fn:55]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"footnotes":[{"n":55,"text":"See general comment No. 18 (2005), para. 30."}],"section":["III. States parties’ obligations","D. International obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0060","docId":"e-c-12-gc-21","idx":60,"n":60,"text":"60. To demonstrate compliance with their general and specific obligations, States parties must show that they have taken appropriate measures to ensure the respect for and protection of cultural freedoms, as well as the necessary steps towards the full realization of the right to take part in cultural life within their maximum available resources. States parties must also show that they have guaranteed that the right is enjoyed equally and without discrimination, by men and women.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"]},{"id":"e-c-12-gc-21-0061","docId":"e-c-12-gc-21","idx":61,"n":61,"text":"61. In assessing whether States parties have complied with obligations to take action, the Committee looks at whether implementation is reasonable or proportionate with respect to the attainment of the relevant rights, complies with human rights and democratic principles, and whether it is subject to an adequate framework of monitoring and accountability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"]},{"id":"e-c-12-gc-21-0062","docId":"e-c-12-gc-21","idx":62,"n":62,"text":"62. Violations can occur through the direct action of a State party or of other entities or institutions that are insufficiently regulated by the State party, including, in particular, those in the private sector. Many violations of the right to take part in cultural life occur when States parties prevent access to cultural life, practices, goods and services by individuals or communities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"]},{"id":"e-c-12-gc-21-0063","docId":"e-c-12-gc-21","idx":63,"n":63,"text":"63. Violations of article 15, paragraph 1 (a), also occur through the omission or failure of a State party to take the necessary measures to comply with its legal obligations under this provision. Violations through omission include the failure to take appropriate steps to achieve the full realization of the right of everyone to take part in cultural life, and the failure to enforce relevant laws or to provide administrative, judicial or other appropriate remedies to enable people to exercise in full the right to take part in cultural life.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0064","docId":"e-c-12-gc-21","idx":64,"n":64,"text":"64. A violation also occurs when a State party fails to take steps to combat practices harmful to the well-being of a person or group of persons. These harmful practices, including those attributed to customs and traditions, such as female genital mutilation and allegations of the practice of witchcraft, are barriers to the full exercise by the affected persons of the right enshrined in article 15, paragraph 1 (a).","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0065","docId":"e-c-12-gc-21","idx":65,"n":65,"text":"65. Any deliberately retrogressive measures in relation to the right to take part in cultural life would require the most careful consideration and need to be fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the maximum available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["IV. Violations"]},{"id":"e-c-12-gc-21-0066","docId":"e-c-12-gc-21","idx":66,"n":66,"text":"66. While States parties have a wide margin of discretion in selecting the steps they consider most appropriate for the full realization of the right, they must immediately take those steps intended to guarantee access by everyone, without discrimination, to cultural life.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-21-0067","docId":"e-c-12-gc-21","idx":67,"n":67,"text":"67. States parties must take the necessary steps without delay to guarantee immediately at least the minimum content of the core obligations (see paragraph 56 above). Many of these steps, such as those intended to guarantee non-discrimination de jure, do not necessarily require financial resources. While there may be other steps that require resources, these steps are nevertheless essential to ensure the implementation of that minimum content. Such steps are not static, and States parties are obliged to advance progressively towards the full realization of the rights recognized in the Covenant and, as far as the present general comment is concerned, of the right enshrined in article 15, paragraph 1 (a).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","A. Legislation, strategies and policies"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0068","docId":"e-c-12-gc-21","idx":68,"n":68,"text":"68. The Committee encourages States parties to make the greatest possible use of the valuable cultural resources that every society possesses and to bring them within the reach of everyone, paying particular attention to the most disadvantaged and marginalized individuals and groups, in order to ensure that everyone has effective access to cultural life.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-21-0069","docId":"e-c-12-gc-21","idx":69,"n":69,"text":"69. The Committee emphasizes that inclusive cultural empowerment derived from the right of everyone to take part in cultural life is a tool for reducing the disparities so that everyone can enjoy, on an equal footing, the values of his or her own culture within a democratic society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","A. Legislation, strategies and policies"]},{"id":"e-c-12-gc-21-0070","docId":"e-c-12-gc-21","idx":70,"n":70,"text":"70. States parties, in implementing the right enshrined in article 15, paragraph 1 (a), of the Covenant, should go beyond the material aspects of culture (such as museums, libraries, theatres, cinemas, monuments and heritage sites) and adopt policies, programmes and proactive measures that also promote effective access by all to intangible cultural goods (such as language, knowledge and traditions).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","A. Legislation, strategies and policies"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0071","docId":"e-c-12-gc-21","idx":71,"n":71,"text":"71. In their national strategies and policies, States parties should identify appropriate indicators and benchmarks, including disaggregated statistics and time frames that allow them to monitor effectively the implementation of the right of everyone to take part in cultural life, and also to assess progress towards the full realization of this right.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","B. Indicators and benchmarks"]},{"id":"e-c-12-gc-21-0072","docId":"e-c-12-gc-21","idx":72,"n":72,"text":"72. The strategies and policies adopted by States parties should provide for the establishment of effective mechanisms and institutions, where these do not exist, to investigate and examine alleged infringements of article 15, paragraph 1 (a), identify responsibilities, publicize the results and offer the necessary administrative, judicial or other remedies to compensate victims.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["V. Implementation at the national level","C. Remedies and accountability"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0073","docId":"e-c-12-gc-21","idx":73,"n":73,"text":"73. While compliance with the Covenant is mainly the responsibility of States parties, all members of civil society — individuals, groups, communities, minorities, indigenous peoples, religious bodies, private organizations, business and civil society in general — also have responsibilities in relation to the effective implementation of the right of everyone to take part in cultural life. States parties should regulate the responsibility incumbent upon the corporate sector and other non-State actors with regard to the respect for this right.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["VI. Obligations of actors other than States"]},{"id":"e-c-12-gc-21-0074","docId":"e-c-12-gc-21","idx":74,"n":74,"text":"74. Communities and cultural associations play a fundamental role in the promotion of the right of everyone to take part in cultural life at the local and national levels, and in cooperating with States parties in the implementation of their obligations under article 15, paragraph 1 (a).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["VI. Obligations of actors other than States"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-21-0075","docId":"e-c-12-gc-21","idx":75,"n":75,"text":"75. The Committee notes that, as members of international organizations such as United Nations Educational, Scientific and Cultural Organization (UNESCO), the World Intellectual Property Organization (WIPO), the International Labour Organization (ILO), the Food and Agriculture Organization of the United Nations (FAO), the World Health Organization (WHO) and the World Trade Organization (WTO), States parties have an obligation to adopt whatever measures they can to ensure that the policies and decisions of those organizations in the field of culture and related areas are in conformity with their obligations under the Covenant, in particular the obligations contained in article 15 article 2, paragraph 1, and articles 22 and 23, concerning international assistance and cooperation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["VI. Obligations of actors other than States"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-c-12-gc-21-0076","docId":"e-c-12-gc-21","idx":76,"n":76,"text":"76. United Nations organs and specialized agencies, should, within their fields of competence and in accordance with articles 22 and 23 of the Covenant, adopt international measures likely to contribute to the progressive implementation of article 15, paragraph 1 (a). In particular, UNESCO, WIPO, ILO, FAO, WHO and other relevant agencies, funds and programmes of the United Nations are called upon to intensify their efforts to take into account human rights principles and obligations in their work concerning the right of everyone to take part in cultural life, in cooperation with the Office of the United Nations High Commissioner for Human Rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2010,"section":["VI. Obligations of actors other than States"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-c-12-gc-22-0001","docId":"e-c-12-gc-22","idx":1,"n":1,"text":"1. The right to sexual and reproductive health is an integral part of the right to health enshrined in article 12 of the International Covenant on Economic, Social and Cultural Rights.[[fn:1]] It is also reflected in other international human rights instruments.[[fn:2]] The adoption of the Programme of Action of the International Conference on Population and Development in 1994 further highlighted reproductive and sexual health issues within the human rights framework.[[fn:3]] Since then, international and regional human rights standards and jurisprudence related to the right to sexual and reproductive health have considerably evolved. Most recently, the 2030 Agenda for Sustainable Development includes goals and targets to be achieved in the area of sexual and reproductive health.[[fn:4]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"],"footnotes":[{"n":1,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14 (2000) on the right to the highest attainable standard of health, paras. 2, 8, 11, 16, 21, 23, 34 and 36."},{"n":2,"text":"See Convention on the Elimination of All Forms of Discrimination against Women, art. 12; Convention on the Rights of the Child, arts. 17, 23-25 and 27; and Convention on the Rights of Persons with Disabilities, arts. 23 and 25. See also Committee on the Elimination of Discrimination against Women general recommendation No. 24 (1999) on women and health, paras 11, 14, 18, 23, 26, 29, 31 (b); and Committee on the Rights of the Child general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health."},{"n":3,"text":"Report of the International Conference on Population and Development, Cairo 5-13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex. The Programme of Action is based on 15 principles. Principle 1 states that “All human beings are born free and equal in dignity and rights”."},{"n":4,"text":"United Nations, Transforming our World: the 2030 Agenda for Sustainable Development, adopted by the General Assembly in September 2015. Goal 3 of the 2030 Agenda is “Ensure healthy lives and promote well-being for all at all ages”, and Goal 5 is “Achieve gender equality and empower all women and girls”."}],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-22-0002","docId":"e-c-12-gc-22","idx":2,"n":2,"text":"2. Due to numerous legal, procedural, practical and social barriers, access to the full range of sexual and reproductive health facilities, services, goods and information is seriously restricted. In fact, the full enjoyment of the right to sexual and reproductive health remains a distant goal for millions of people, especially for women and girls, throughout the world. Certain individuals and population groups that experience multiple and intersecting forms of discrimination that exacerbate exclusion in both law and practice, such as lesbian, gay, bisexual, transgender and intersex persons[[fn:5]] and persons with disabilities, the full enjoyment of the right to sexual and reproductive health is further restricted.","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"],"footnotes":[{"n":5,"text":"For the purpose of the present general comment, references to lesbian, gay, bisexual, transgender and intersex persons include other persons who face violations of their rights on the basis of their actual or perceived sexual orientation, gender identity and sex characteristics, including those who may identify with other terms. For intersex persons, see fact sheet available from https://unfe.org/system/unfe-65-Intersex_Factsheet_ENGLISH.pdf."}]},{"id":"e-c-12-gc-22-0003","docId":"e-c-12-gc-22","idx":3,"n":3,"text":"3. The present general comment is aimed at assisting State parties in their implementation of the Covenant and fulfilling their reporting obligations thereunder. It concerns primarily the obligation of States parties to ensure every individual’s enjoyment of the right to sexual and reproductive health, as required under article 12, but is also related to other provisions of the Covenant.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-22-0004","docId":"e-c-12-gc-22","idx":4,"n":4,"text":"4. In its general comment No. 14 (2000) on the right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), the Committee has already addressed in part the issue of sexual and reproductive health. Considering the continuing grave violations of this right, however, the Committee is of the view that the issue deserves a separate general comment.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-22-0005","docId":"e-c-12-gc-22","idx":5,"n":5,"text":"5. The right to sexual and reproductive health entails a set of freedoms and entitlements. The freedoms include the right to make free and responsible decisions and choices, free of violence, coercion and discrimination, regarding matters concerning one’s body and sexual and reproductive health. The entitlements include unhindered access to a whole range of health facilities, goods, services and information, which ensure all people full enjoyment of the right to sexual and reproductive health under article 12 of the Covenant.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-22-0006","docId":"e-c-12-gc-22","idx":6,"n":6,"text":"6. Sexual health and reproductive health are distinct from, but closely linked, to each other. Sexual health, as defined by the World Health Organization (WHO), is “a state of physical, emotional, mental and social well-being in relation to sexuality”.[[fn:6]] Reproductive health, as described in the Programme of Action of the International Conference on Population and Development, concerns the capability to reproduce and the freedom to make informed, free and responsible decisions. It also includes access to a range of reproductive health information, goods, facilities and services to enable individuals to make informed, free and responsible decisions about their reproductive behaviour.[[fn:7]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context"],"footnotes":[{"n":6,"text":"See WHO, Sexual Health, Human Rights and the Law (2015), working definition on sexual health, sect. 1.1."},{"n":7,"text":"See Programme of Action of the International Conference on Population and Development, chap. 7."}]},{"id":"e-c-12-gc-22-0007","docId":"e-c-12-gc-22","idx":7,"n":7,"text":"7. In its general comment No. 14, the Committee stated that the right to the highest attainable standard of health not only included the absence of disease and infirmity and the right to the provision of preventive, curative and palliative health care, but also extended to the underlying determinants of health. The same is applicable to the right to sexual and reproductive health. It extends beyond sexual and reproductive health care to the underlying determinants of sexual and reproductive health, including access to safe and potable water, adequate sanitation, adequate food and nutrition, adequate housing, safe and healthy working conditions and environment, health-related education and information, and effective protection from all forms of violence, torture and discrimination and other human rights violations that have a negative impact on the right to sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context","Underlying and social determinants"]},{"id":"e-c-12-gc-22-0008","docId":"e-c-12-gc-22","idx":8,"n":8,"text":"8. Further, the right to sexual and reproductive health is also deeply affected by “social determinants of health”, as defined by WHO.[[fn:8]] In all countries, patterns of sexual and reproductive health generally reflect social inequalities in society and unequal distribution of power based on gender, ethnic origin, age, disability and other factors. Poverty, income inequality, systemic discrimination and marginalization based on grounds identified by the Committee are all social determinants of sexual and reproductive health, which also have an impact on the enjoyment of an array of other rights as well.[[fn:9]] The nature of these social determinants, which are often expressed in laws and policies, limits the choices that individuals can exercise with respect to their sexual and reproductive health. Therefore, to realize the right to sexual and reproductive health, States parties must address the social determinants as manifested in laws, institutional arrangements and social practices that prevent individuals from effectively enjoying in practice their sexual and reproductive health.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context","Underlying and social determinants"],"footnotes":[{"n":8,"text":"WHO Commission on Social Determinants of Health, Closing the Gap in a Generation: Health Equity through Action on the Social Determinants of Health – Final Report of the Commission on Social Determinants of Health (2008)."},{"n":9,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights."}]},{"id":"e-c-12-gc-22-0009","docId":"e-c-12-gc-22","idx":9,"n":9,"text":"9. The realization of the right to sexual and reproductive health requires that States parties also meet their obligations under other provisions of the Covenant. For example, the right to sexual and reproductive health, combined with the right to education (articles 13 and 14) and the right to non-discrimination and equality between men and women (articles 2 (2) and 3), entails a right to education on sexuality and reproduction that is comprehensive, non-discriminatory, evidence-based, scientifically accurate and age appropriate.[[fn:10]] The right to sexual and reproductive health, combined with the right to work (article 6) and just and favourable working conditions (article 7), as well as the right to nondiscrimination and equality between men and women, also requires States to ensure employment with maternity protection and parental leave for workers, including workers in vulnerable situations, such as migrant workers or women with disabilities, as well as protection from sexual harassment in the workplace and prohibition of discrimination based on pregnancy, childbirth, parenthood,[[fn:11]] sexual orientation, gender identity or intersex status.","labels":["Migrants","Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context","Interdependence with other human rights"],"footnotes":[{"n":10,"text":"A/65/162."},{"n":11,"text":"See Convention on the Elimination of All Forms of Discrimination against Women, art. 11 (1) (f) and 11 (2)."}],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"},{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-22-0010","docId":"e-c-12-gc-22","idx":10,"n":10,"text":"10. The right to sexual and reproductive health is also indivisible from and interdependent with other human rights. It is intimately linked to civil and political rights underpinning the physical and mental integrity of individuals and their autonomy, such as the rights to life; liberty and security of person; freedom from torture and other cruel, inhuman or degrading treatment; privacy and respect for family life; and non-discrimination and equality. For example, lack of emergency obstetric care services or denial of abortion often leads to maternal mortality and morbidity, which in turn constitutes a violation of the right to life or security, and in certain circumstances can amount to torture or cruel, inhuman or degrading treatment.[[fn:12]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Context","Interdependence with other human rights"],"footnotes":[{"n":12,"text":"See Human Rights Committee Communication No. 1153/2003, Karen Noelia Llantoy Huamán v. Peru, views adopted on 24 October 2005; Committee on the Elimination of Discrimination against Women communication No. 17/2008, Alyne da Silva Pimentel v. Brazil, views adopted on 25 July 2011; CAT/C/SLV/CO/2, para. 23; and CAT/C/NIC/CO/1, para. 16."}]},{"id":"e-c-12-gc-22-0011","docId":"e-c-12-gc-22","idx":11,"n":11,"text":"11. The right to sexual and reproductive health is an integral part of the right of everyone to the highest attainable physical and mental health. Following the elaboration in the Committee’s general comment No. 14, comprehensive sexual and reproductive health care contains the four interrelated and essential elements described below.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health"],"footnotes":[{"n":13,"text":"In paragraph 12 of general comment No. 14, the Committee defined normative elements of state obligations to guarantee the right to health. These standards also apply to the underlying determinants, or the preconditions of health, including access to sexuality education and sexual and reproductive health information. See also Committee on the Rights of the Child general comment No. 15, which applied those norms to adolescents. States parties should provide health services that are sensitive to the particular needs and human rights of all adolescents."}]},{"id":"e-c-12-gc-22-0012","docId":"e-c-12-gc-22","idx":12,"n":12,"text":"An adequate number of functioning health-care facilities, services, goods and programmes should be available to provide the population with the fullest possible range of sexual and reproductive health care. This includes ensuring the availability of facilities, goods and services for the guarantee of the underlying determinants of the realization of the right to sexual and reproductive health, such as safe and potable drinking water and adequate sanitation facilities, hospitals and clinics.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Availability"]},{"id":"e-c-12-gc-22-0013","docId":"e-c-12-gc-22","idx":13,"n":13,"text":"13. Ensuring the availability of trained medical and professional personnel and skilled providers who are trained to perform the full range of sexual and reproductive healthcare services is a critical component of ensuring availability.[[fn:14]] Essential medicines should also be available, including a wide range of contraceptive methods, such as condoms and emergency contraception, medicines for abortion and for post-abortion care, and medicines, including generic medicines, for the prevention and treatment of sexually transmitted infections and HIV.[[fn:15]]","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Availability"],"footnotes":[{"n":14,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14, para. 12 (a); and A/HRC/21/22 and Corr.1 and 2, para. 20."},{"n":15,"text":"Essential medicines are defined by WHO as “those that satisfy the priority health care needs of the population” and that “are intended to be available within the context of functioning health systems at all times in adequate amounts, in the appropriate dosage forms, with assured quality, and at a price the individual and community can afford”. See Committee on Economic, Social and Cultural Rights general comment No. 14; and WHO, Model List of Essential Medicines, 19th ed. (2015)."}]},{"id":"e-c-12-gc-22-0014","docId":"e-c-12-gc-22","idx":14,"n":14,"text":"14. Unavailability of goods and services due to ideologically based policies or practices, such as the refusal to provide services based on conscience, must not be a barrier to accessing services. An adequate number of healthcare providers willing and able to provide such services should be available at all times in both public and private facilities and within reasonable geographical reach.[[fn:16]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Availability"],"footnotes":[{"n":16,"text":"International Planned Parenthood Federation – European Network v. Italy, complaint No. 87/2012 (2014), resolution adopted by the Committee of Ministers of the Council of Europe on 30 April 2014."}]},{"id":"e-c-12-gc-22-0015","docId":"e-c-12-gc-22","idx":15,"n":15,"text":"15. Health facilities, goods, information and services related to sexual and reproductive health care[[fn:17]] should be accessible to all individuals and groups without discrimination and free from barriers. As elaborated in the Committee’s general comment No. 14, accessibility includes physical accessibility, affordability and information accessibility.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Accessibility"],"footnotes":[{"n":17,"text":"Reference in the present document to health facilities, goods and services includes the underlying determinants."}]},{"id":"e-c-12-gc-22-0016","docId":"e-c-12-gc-22","idx":16,"n":16,"text":"16. Health facilities, goods, information and services related to sexual and reproductive health care must be available within safe physical and geographical reach for all, so that persons in need can receive timely services and information. Physical accessibility should be ensured for all, especially persons belonging to disadvantaged and marginalized groups, including, but not limited to, persons living in rural and remote areas, persons with disabilities, refugees and internally displaced persons, stateless persons and persons in detention. When dispensing sexual and reproductive services to remote areas is impracticable, substantive equality calls for positive measures to ensure that persons in need have communication and transportation to such services.","labels":["Refugees & asylum-seekers","Persons living in rural/remote areas","Non-citizens and stateless","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Accessibility"]},{"id":"e-c-12-gc-22-0017","docId":"e-c-12-gc-22","idx":17,"n":17,"text":"17. Publicly or privately provided sexual and reproductive health services must be affordable for all. Essential goods and services, including those related to the underlying determinants of sexual and reproductive health, must be provided at no cost or based on the principle of equality to ensure that individuals and families are not disproportionately burdened with health expenses. People without sufficient means should be provided with the support necessary to cover the costs of health insurance and access to health facilities providing sexual and reproductive health information, goods and services.[[fn:18]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Accessibility"],"footnotes":[{"n":18,"text":"See, generally, Committee on Economic, Social and Cultural Rights general comment No. 14, para. 19."}]},{"id":"e-c-12-gc-22-0018","docId":"e-c-12-gc-22","idx":18,"n":18,"text":"18. Information accessibility includes the right to seek, receive and disseminate information and ideas concerning sexual and reproductive health issues generally, and also for individuals to receive specific information on their particular health status. All individuals and groups, including adolescents and youth, have the right to evidence-based information on all aspects of sexual and reproductive health, including maternal health, contraceptives, family planning, sexually transmitted infections, HIV prevention, safe abortion and postabortion care, infertility and fertility options, and reproductive cancer.","labels":["Adolescents","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Accessibility"]},{"id":"e-c-12-gc-22-0019","docId":"e-c-12-gc-22","idx":19,"n":19,"text":"19. Such information must be provided in a manner consistent with the needs of the individual and the community, taking into consideration, for example, age, gender, language ability, educational level, disability, sexual orientation, gender identity and intersex status.[[fn:19]] Information accessibility should not impair the right to have personal health data and information treated with privacy and confidentiality.","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Accessibility"],"footnotes":[{"n":19,"text":"Council of Europe Commissioner for Human Rights, “Human rights and intersex people”, issue paper (2015)."}]},{"id":"e-c-12-gc-22-0020","docId":"e-c-12-gc-22","idx":20,"n":20,"text":"20. All facilities, goods, information and services related to sexual and reproductive health must be respectful of the culture of individuals, minorities, peoples and communities and sensitive to gender, age, disability, sexual diversity and life-cycle requirements. However, this cannot be used to justify the refusal to provide tailored facilities, goods, information and services to specific groups.","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Acceptability"]},{"id":"e-c-12-gc-22-0021","docId":"e-c-12-gc-22","idx":21,"n":21,"text":"21. Facilities, goods, information and services related to sexual and reproductive health must be of good quality, meaning that they are evidence-based and scientifically and medically appropriate and up-to-date. This requires trained and skilled healthcare personnel and scientifically approved and unexpired drugs and equipment. The failure or refusal to incorporate technological advances and innovations in the provision of sexual and reproductive health services, such as medication for abortion,[[fn:20]] assisted reproductive technologies and advances in the treatment of HIV and AIDS, jeopardizes the quality of care.","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":20,"text":"WHO, Safe Abortion: Technical and Policy Guidance for Health Systems, 2nd ed. (2012)."}],"section":["III. Normative content of the right to sexual and reproductive health","A. Elements of the right to sexual and reproductive health","Quality"]},{"id":"e-c-12-gc-22-0022","docId":"e-c-12-gc-22","idx":22,"n":22,"text":"22. Article 2 (2) of the Covenant provides that all individuals and groups shall not be discriminated against and shall enjoy equal rights. All individuals and groups should be able to enjoy equal access to the same range, quality and standard of sexual and reproductive health facilities, information, goods and services, and to exercise their rights to sexual and reproductive health without experiencing any discrimination.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Non-discrimination and equality"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-22-0023","docId":"e-c-12-gc-22","idx":23,"n":23,"text":"23. Non-discrimination, in the context of the right to sexual and reproductive health, also encompasses the right of all persons, including lesbian, gay, bisexual, transgender and intersex persons, to be fully respected for their sexual orientation, gender identity and intersex status. Criminalization of sex between consenting adults of the same gender or the expression of one’s gender identity is a clear violation of human rights. Likewise, regulations requiring that lesbian, gay, bisexual transgender and intersex persons be treated as mental or psychiatric patients, or requiring that they be “cured” by so-called “treatment”, are a clear violation of their right to sexual and reproductive health. State parties also have an obligation to combat homophobia and transphobia, which lead to discrimination, including violation of the right to sexual and reproductive health.","labels":["Women/girls","LGBTI+","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Non-discrimination and equality"]},{"id":"e-c-12-gc-22-0024","docId":"e-c-12-gc-22","idx":24,"n":24,"text":"24. Non-discrimination and equality require not only legal and formal equality but also substantive equality. Substantive equality requires that the distinct sexual and reproductive health needs of particular groups, as well as any barriers that particular groups may face, be addressed. The sexual and reproductive health needs of particular groups should be given tailored attention. For example, persons with disabilities should be able to enjoy not only the same range and quality of sexual and reproductive health services but also those services which they would need specifically because of their disabilities.[[fn:21]] Further, reasonable accommodation must be made to enable persons with disabilities to fully access sexual and reproductive health services on an equal basis, such as physically accessible facilities, information in accessible formats and decision-making support, and States should ensure that care is provided in a respectful and dignified manner that does not exacerbate marginalization.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":21,"text":"See Convention on the Rights of Persons with Disabilities, art. 25."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Non-discrimination and equality"]},{"id":"e-c-12-gc-22-0025","docId":"e-c-12-gc-22","idx":25,"n":25,"text":"25. Due to women’s reproductive capacities, the realization of the right of women to sexual and reproductive health is essential to the realization of the full range of their human rights. The right of women to sexual and reproductive health is indispensable to their autonomy and their right to make meaningful decisions about their lives and health. Gender equality requires that the health needs of women, different from those of men, be taken into account and appropriate services provided for women in accordance with their life cycles.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Equality between women and men, and gender perspective"]},{"id":"e-c-12-gc-22-0026","docId":"e-c-12-gc-22","idx":26,"n":26,"text":"26. The experiences of women of systemic discrimination and violence throughout their lives require comprehensive understanding of the concept of gender equality in the right to sexual and reproductive health. Non-discrimination on the basis of sex, as guaranteed in article 2 (2) of the Covenant, and the equality of women, as guaranteed in article 3, require the removal of not only direct discrimination but also indirect discrimination, and the ensuring of formal as well as substantive equality.[[fn:22]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":22,"text":"Committee on Economic, Social and Cultural Rights general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Equality between women and men, and gender perspective"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-22-0027","docId":"e-c-12-gc-22","idx":27,"n":27,"text":"27. Seemingly neutral laws, policies and practices can perpetuate already existing gender inequalities and discrimination against women. Substantive equality requires that laws, policies and practices do not maintain, but rather alleviate, the inherent disadvantage that women experience in exercising their right to sexual and reproductive health. Genderbased stereotypes, assumptions and expectations related to women being the subordinates of men and their role being solely as caregivers and mothers, in particular, are obstacles to substantive gender equality, including the equal right to sexual and reproductive health, and need to be modified or eliminated, as does the role of men solely as heads of household and breadwinners.[[fn:23]] At the same time, special measures, both temporary and permanent, are necessary to accelerate the de facto equality of women and to protect maternity.[[fn:24]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":23,"text":"See Convention on the Elimination of All Forms of Discrimination against Women, art. 5."},{"n":24,"text":"Article 4 (1) of the Convention on the Elimination of All Forms of Discrimination against Women is concerned with “temporary special measures aimed at accelerating de facto equality between men and women”, while article 4 (2) focuses on “special measures… aimed at protecting maternity”. See also Committee on Economic, Social and Cultural Rights general comment No. 16, para. 15."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Equality between women and men, and gender perspective"]},{"id":"e-c-12-gc-22-0028","docId":"e-c-12-gc-22","idx":28,"n":28,"text":"28. The realization of the rights of women and gender equality, both in law and in practice, requires repealing or reforming discriminatory laws, policies and practices in the area of sexual and reproductive health. Removal of all barriers interfering with access by women to comprehensive sexual and reproductive health services, goods, education and information is required. To lower rates of maternal mortality and morbidity requires emergency obstetric care and skilled birth attendance, including in rural and remote areas, and prevention of unsafe abortions. Preventing unintended pregnancies and unsafe abortions requires States to adopt legal and policy measures to guarantee all individuals access to affordable, safe and effective contraceptives and comprehensive sexuality education, including for adolescents; to liberalize restrictive abortion laws; to guarantee women and girls access to safe abortion services and quality post-abortion care, including by training healthcare providers; and to respect the right of women to make autonomous decisions about their sexual and reproductive health.[[fn:25]]","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":25,"text":"A/69/62; see also WHO, Safe Abortion: Technical and Policy Guidance for Health Systems, 2nd ed. (2012)."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Equality between women and men, and gender perspective"]},{"id":"e-c-12-gc-22-0029","docId":"e-c-12-gc-22","idx":29,"n":29,"text":"29. It is also important to undertake preventive, promotional and remedial action to shield all individuals from the harmful practices and norms and gender-based violence that deny them their full sexual and reproductive health, such as female genital mutilation, child and forced marriage and domestic and sexual violence, including marital rape, among other things. States parties must put in place laws, policies and programmes to prevent, address and remediate violations of the right of all individuals to autonomous decision-making on matters regarding their sexual and reproductive health, free from violence, coercion and discrimination.","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Equality between women and men, and gender perspective"]},{"id":"e-c-12-gc-22-0030","docId":"e-c-12-gc-22","idx":30,"n":30,"text":"30. Individuals belonging to particular groups may be disproportionately affected by intersectional discrimination in the context of sexual and reproductive health. As identified by the Committee,[[fn:26]] groups such as, but not limited to, poor women, persons with disabilities, migrants, indigenous or other ethnic minorities, adolescents, lesbian, gay, bisexual, transgender and intersex persons, and people living with HIV/AIDS are more likely to experience multiple discrimination. Trafficked and sexually exploited women, girls and boys are subject to violence, coercion and discrimination in their everyday lives, with their sexual and reproductive health at great risk. Also, women and girls living in conflict situations are disproportionately exposed to a high risk of violation of their rights, including through systematic rape, sexual slavery, forced pregnancy and forced sterilization.[[fn:27]] Measures to guarantee non-discrimination and substantive equality should be cognizant of and seek to overcome the often exacerbated impact that intersectional discrimination has on the realization of the right to sexual and reproductive health.","labels":["Indigenous peoples","Women/girls","Children","LGBTI+","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":26,"text":"Including groups that are discriminated against on the grounds of race and colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including ethnicity, age, nationality, marital and family status, disability, sexual orientation and gender identity, intersex status, health status, place of residence, economic and social situation or other status, and those facing multiple forms of discrimination. See Committee on Economic, Social and Cultural Rights general comment No. 20."},{"n":27,"text":"See Vienna Declaration and Programme of Action of 1993 (A/CONF.157/23), para. 38; and Beijing Declaration and Platform for Action of 1995 (A/CONF.177/20), para. 135."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Intersectionality and multiple discrimination"]},{"id":"e-c-12-gc-22-0031","docId":"e-c-12-gc-22","idx":31,"n":31,"text":"31. Laws, policies and programmes, including temporary special measures, are required to prevent and eliminate discrimination, stigmatization and negative stereotyping that hinder access to sexual and reproductive health. Prisoners, refugees, stateless persons, asylum seekers and undocumented migrants, given their additional vulnerability by condition of their detention or legal status, are also groups with specific needs that require the State to take particular steps to ensure their access to sexual and reproductive information, goods and health care. States must ensure that individuals are not subject to harassment for exercising their right to sexual and reproductive health. Eliminating systemic discrimination will also frequently require devoting greater resources to traditionally neglected groups[[fn:28]] and ensuring that anti-discrimination laws and policies are implemented in practice by officials and others.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":28,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 20, para. 39."}],"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Intersectionality and multiple discrimination"]},{"id":"e-c-12-gc-22-0032","docId":"e-c-12-gc-22","idx":32,"n":32,"text":"32. States parties should take measures to fully protect persons working in the sex industry against all forms of violence, coercion and discrimination. They should ensure that such persons have access to the full range of sexual and reproductive healthcare services.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Normative content of the right to sexual and reproductive health","B. Special topics of broad application","Intersectionality and multiple discrimination"]},{"id":"e-c-12-gc-22-0033","docId":"e-c-12-gc-22","idx":33,"n":33,"text":"33. As prescribed by article 2 (1) of the Covenant, States parties must take steps, to the maximum of their available resources, with a view to achieving progressively the full realization of the right to sexual and reproductive health. States parties must move as expeditiously and effectively as possible towards the full realization of the highest attainable standard of sexual and reproductive health. This means that, while full realization of the goal may be achieved progressively, steps towards it must be taken immediately or within a reasonably short period of time. Such steps should be deliberate, concrete and targeted, using all appropriate means, particularly including, but not limited to, the adoption of legislative and budgetary measures.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","A. General legal obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-22-0034","docId":"e-c-12-gc-22","idx":34,"n":34,"text":"34. States parties are under immediate obligation to eliminate discrimination against individuals and groups and to guarantee their equal right to sexual and reproductive health. This requires States to repeal or reform laws and policies that nullify or impair the ability of certain individuals and groups to realize their right to sexual and reproductive health. There exists a wide range of laws, policies and practices that undermine autonomy and right to equality and non-discrimination in the full enjoyment of the right to sexual and reproductive health, for example criminalization of abortion or restrictive abortion laws. States parties should also ensure that all individuals and groups have equal access to the full range of sexual and reproductive health information, goods and services, including by removing all barriers that particular groups may face.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","A. General legal obligations"]},{"id":"e-c-12-gc-22-0035","docId":"e-c-12-gc-22","idx":35,"n":35,"text":"35. States must adopt the measures necessary to eliminate conditions and combat attitudes that perpetuate inequality and discrimination, particularly on the basis of gender, in order to enable all individuals and groups to enjoy sexual and reproductive health on the basis of equality.[[fn:29]] States must recognize, and take measures to rectify, entrenched social norms and power structures that impair the equal exercise of that right, such as gender roles, which have an impact on the social determinants of health. Such measures must address and eliminate discriminatory stereotypes, assumptions and norms concerning sexuality and reproduction that underlie restrictive laws and undermine the realization of sexual and reproductive health.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":29,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 16, paras. 6-9."}],"section":["IV. Obligations of States parties","A. General legal obligations"]},{"id":"e-c-12-gc-22-0036","docId":"e-c-12-gc-22","idx":36,"n":36,"text":"As needed, States should implement temporary special measures to overcome long-standing discrimination and entrenched stereotypes against certain groups and to eradicate conditions that perpetuate discrimination. States should focus on ensuring that all individuals and groups effectively enjoy their right to sexual and reproductive health on a substantively equal basis.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","A. General legal obligations"]},{"id":"e-c-12-gc-22-0037","docId":"e-c-12-gc-22","idx":37,"n":37,"text":"37. A State party has the duty to establish that it has obtained the maximum available resources, including those made available through international assistance and cooperation, with a view to complying with its obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","A. General legal obligations"]},{"id":"e-c-12-gc-22-0038","docId":"e-c-12-gc-22","idx":38,"n":38,"text":"38. Retrogressive measures should be avoided and, if such measures are applied, the State party has the burden of proving their necessity. [[fn:30]] This applies equally in the context of sexual and reproductive health. Examples of retrogressive measures include the removal of sexual and reproductive health medications from national drug registries; laws or policies revoking public health funding for sexual and reproductive health services; imposition of barriers to information, goods and services relating to sexual and reproductive health; enacting laws criminalizing certain sexual and reproductive health conduct and decisions; and legal and policy changes that reduce oversight by States of the obligation of private actors to respect the right of individuals to access sexual and reproductive health services. In the extreme circumstances under which retrogressive measures may be inevitable, States must ensure that such measures are only temporary, do not disproportionately affect disadvantaged and marginalized individuals and groups, and are not applied in an otherwise discriminatory manner.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":30,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14, para. 32."}],"section":["IV. Obligations of States parties","A. General legal obligations"]},{"id":"e-c-12-gc-22-0039","docId":"e-c-12-gc-22","idx":39,"n":39,"text":"39. States parties have an obligation to respect, protect and fulfil the right of everyone to sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","B. Specific legal obligations"]},{"id":"e-c-12-gc-22-0040","docId":"e-c-12-gc-22","idx":40,"n":40,"text":"40. The obligation to respect requires States to refrain from directly or indirectly interfering with the exercise by individuals of the right to sexual and reproductive health. States must not limit or deny anyone access to sexual and reproductive health, including through laws criminalizing sexual and reproductive health services and information, while confidentiality of health data should be maintained. States must reform laws that impede the exercise of the right to sexual and reproductive health. Examples include laws criminalizing abortion, non-disclosure of HIV status, exposure to and transmission of HIV, consensual sexual activities between adults, and transgender identity or expression.[[fn:31]]","labels":["LGBTI+","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":31,"text":"See e.g. E/C.12/1/Add.105 and Corr.1, para. 53; Committee on the Elimination of Discrimination against Women general recommendation No. 24, paras. 24 and 31 (c); A/66/254; and A/HRC/14/20."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to respect"]},{"id":"e-c-12-gc-22-0041","docId":"e-c-12-gc-22","idx":41,"n":41,"text":"41. The obligation to respect also requires States to repeal, and refrain from enacting, laws and policies that create barriers in access to sexual and reproductive health services. This includes third-party authorization requirements, such as parental, spousal and judicial authorization requirements for access to sexual and reproductive health services and information, including for abortion and contraception; biased counselling and mandatory waiting periods for divorce, remarriage or access to abortion services; mandatory HIV testing; and the exclusion of particular sexual and reproductive health services from public funding or foreign assistance funds. The dissemination of misinformation and the imposition of restrictions on the right of individuals to access information about sexual and reproductive health also violates the duty to respect human rights. National and donor States must refrain from censoring, withholding, misrepresenting or criminalizing the provision of information on sexual and reproductive health,[[fn:32]] both to the public and to individuals. Such restrictions impede access to information and services, and can fuel stigma and discrimination.[[fn:33]]","labels":["Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":32,"text":"Committee on Economic, Social and Cultural Rights general comment No. 14; and Committee on the Rights of the Child general comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child."},{"n":33,"text":"Amnesty International, Left Without a Choice: Barriers to Reproductive Health in Indonesia (2010)."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to respect"]},{"id":"e-c-12-gc-22-0042","docId":"e-c-12-gc-22","idx":42,"n":42,"text":"42. The obligation to protect requires States to take measures to prevent third parties from directly or indirectly interfering with the enjoyment of the right to sexual and reproductive health. The duty to protect requires States to put in place and implement laws and policies prohibiting conduct by third parties that causes harm to physical and mental integrity or undermines the full enjoyment of the right to sexual and reproductive health, including the conduct of private healthcare facilities, insurance and pharmaceutical companies, and manufacturers of health-related goods and equipment. This includes the prohibition of violence and discriminatory practices, such as the exclusion of particular individuals or groups from the provision of sexual and reproductive health services.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to protect"]},{"id":"e-c-12-gc-22-0043","docId":"e-c-12-gc-22","idx":43,"n":43,"text":"43. States must prohibit and prevent private actors from imposing practical or procedural barriers to health services, such as physical obstruction of facilities, dissemination of misinformation, informal fees and third-party authorization requirements. Where healthcare providers are allowed to invoke conscientious objection, States must appropriately regulate this practice to ensure that it does not inhibit anyone’s access to sexual and reproductive health care, including by requiring referrals to an accessible provider capable of and willing to provide the services being sought, and that it does not inhibit the performance of services in urgent or emergency situations.[[fn:34]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":34,"text":"See E/C.12/POL/CO/5, para. 28; A/66/254, paras. 24 and 65 (m); and Committee on the Elimination of Discrimination against Women general recommendation No. 24, para. 11."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to protect"]},{"id":"e-c-12-gc-22-0044","docId":"e-c-12-gc-22","idx":44,"n":44,"text":"44. States are obliged to ensure that adolescents have full access to appropriate information on sexual and reproductive health, including family planning and contraceptives, the dangers of early pregnancy and the prevention and treatment of sexually transmitted diseases, including HIV/AIDS, regardless of their marital status and whether their parents or guardians consent, with respect for their privacy and confidentiality.[[fn:35]]","labels":["Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":35,"text":"See Committee on the Rights of the Child general comment No. 4, paras. 28 and 33."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to protect"]},{"id":"e-c-12-gc-22-0045","docId":"e-c-12-gc-22","idx":45,"n":45,"text":"45. The obligation to fulfil requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures to ensure the full realization of the right to sexual and reproductive health.[[fn:36]] States should aim to ensure universal access without discrimination for all individuals, including those from disadvantaged and marginalized groups, to a full range of quality sexual and reproductive health care, including maternal health care; contraceptive information and services; safe abortion care; and prevention, diagnosis and treatment of infertility, reproductive cancers, sexually transmitted infections and HIV/AIDS, including with generic medicines. States must guarantee physical and mental health care for survivors of sexual and domestic violence in all situations, including access to post-exposure prevention, emergency contraception and safe abortion services.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":36,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14, paras. 33 and 36-37."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-22-0046","docId":"e-c-12-gc-22","idx":46,"n":46,"text":"46. The obligation to fulfil also requires States to take measures to eradicate practical barriers to the full realization of the right to sexual and reproductive health, such as disproportionate costs and lack of physical or geographical access to sexual and reproductive health care. States must ensure that healthcare providers are adequately trained on the provision of quality and respectful sexual and reproductive health services and ensure that such providers are equitably distributed throughout the State.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-22-0047","docId":"e-c-12-gc-22","idx":47,"n":47,"text":"47. States must develop and enforce evidence-based standards and guidelines for the provision and delivery of sexual and reproductive health services, and such guidance must be routinely updated to incorporate medical advancements. At the same time, States are required to provide age-appropriate, evidence-based, scientifically accurate comprehensive education for all on sexual and reproductive health.[[fn:37]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":37,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14; Committee on the Elimination of Discrimination against Women general recommendation No. 30 on women in conflict prevention, conflict and post-conflict situations, para. 52 (c); and Committee on the Rights of the Child general comment No. 15, para. 60."}],"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-22-0048","docId":"e-c-12-gc-22","idx":48,"n":48,"text":"48. States must also take affirmative measures to eradicate social barriers in terms of norms or beliefs that inhibit individuals of different ages and genders, women, girls and adolescents from autonomously exercising their right to sexual and reproductive health. Social misconceptions, prejudices and taboos about menstruation, pregnancy, delivery, masturbation, wet dreams, vasectomy and fertility should be modified so that these do not obstruct an individual’s enjoyment of the right to sexual and reproductive health.","labels":["Women/girls","Children","Adolescents"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","B. Specific legal obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-22-0049","docId":"e-c-12-gc-22","idx":49,"n":49,"text":"States parties have a core obligation to ensure, at the very least, minimum essential levels of satisfaction of the right to sexual and reproductive health. In this regard, States parties should be guided by contemporary human rights instruments and jurisprudence,[[fn:38]] as well as the most current international guidelines and protocols established by United Nations agencies, in particular WHO and the United Nations Population Fund (UNFPA).[[fn:39]] The core obligations include at least the following: (a) To repeal or eliminate laws, policies and practices that criminalize, obstruct or undermine access by individuals or a particular group to sexual and reproductive health facilities, services, goods and information; (b) To adopt and implement a national strategy and action plan, with adequate budget allocation, on sexual and reproductive health, which is devised, periodically reviewed and monitored through a participatory and transparent process, disaggregated by prohibited ground of discrimination; (c) To guarantee universal and equitable access to affordable, acceptable and quality sexual and reproductive health services, goods and facilities, in particular for women and disadvantaged and marginalized groups; (d) To enact and enforce the legal prohibition of harmful practices and gender-based violence, including female genital mutilation, child and forced marriage and domestic and sexual violence, including marital rape, while ensuring privacy, confidentiality and free, informed and responsible decision-making, without coercion, discrimination or fear of violence, in relation to the sexual and reproductive needs and behaviours of individuals; (e) To take measures to prevent unsafe abortions and to provide post-abortion care and counselling for those in need; (f) To ensure all individuals and groups have access to comprehensive education and information on sexual and reproductive health that are non-discriminatory, non-biased, evidence-based, and that take into account the evolving capacities of children and adolescents; (g) To provide medicines, equipment and technologies essential to sexual and reproductive health, including based on the WHO Model List of Essential Medicines;[[fn:40]] (h) To ensure access to effective and transparent remedies and redress, including administrative and judicial ones, for violations of the right to sexual and reproductive health.","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":38,"text":"See, for example, www.icpdbeyond2014.org; Committee on the Elimination of Discrimination against Women communications No. 17/2008, and No. 22/2009, L.C. v. Peru, views adopted on 17 October 2011; and general comments and recommendations of Committee on the Rights of the Child and Committee on the Elimination of Discrimination against Women."},{"n":39,"text":"See e.g. Inter-agency Field Manual on Reproductive Health in Humanitarian Settings (Interagency Working Group on Reproductive Health in Crises, 2010), available from www.who.int/reproductivehealth/publications/emergencies/ field_manual_rh_humanitarian_settings.pdf; and publications by UNFPA on sexual and reproductive health, available from www.unfpa.org/sexual-reproductive-health."},{"n":40,"text":"See WHO Model List of Essential Medicines, sect. 18.3."}],"section":["IV. Obligations of States parties","C. Core obligations"]},{"id":"e-c-12-gc-22-0050","docId":"e-c-12-gc-22","idx":50,"n":50,"text":"50. International cooperation and assistance are key elements of article 2 (1) of the Covenant and are crucial for the realization of the right to sexual and reproductive health. In compliance with article 2 (1), States that are not able to comply with their obligations and that cannot realize the right to sexual and reproductive health due to a lack of resources must seek international cooperation and assistance. States that are in a position to do so must respond to such requests in good faith and in accordance with the international commitment of contributing at a minimum 0.7 per cent of their gross national income for international cooperation and assistance.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","D. International obligations"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-22-0051","docId":"e-c-12-gc-22","idx":51,"n":51,"text":"51. States parties should ensure, in compliance with their Covenant obligations, that their bilateral, regional and international agreements dealing with intellectual property or trade and economic exchange do not impede access to medicines, diagnostics or related technologies required for prevention or treatment of HIV/AIDS or other diseases related to sexual and reproductive health. States should ensure that international agreements and domestic legislation incorporate to the fullest extent any safeguards and flexibilities therein that may be used to promote and ensure access to medicines and health care for all. States parties should review their international agreements, including on trade and investment, to ensure that they are consistent with the protection of the right to sexual and reproductive health, and should amend them as necessary.","labels":["Women/girls","Persons living with HIV/AIDS"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","D. International obligations"]},{"id":"e-c-12-gc-22-0052","docId":"e-c-12-gc-22","idx":52,"n":52,"text":"52. Donor States and international actors have an obligation to comply with human rights standards, which are also applicable to sexual and reproductive health. To this end, international assistance should not impose restrictions on information or services existing in donor States, draw trained reproductive healthcare workers away from recipient countries or push recipient countries to adopt models of privatization. Also, donor States should not reinforce or condone legal, procedural, practical or social barriers to the full enjoyment of sexual and reproductive health that exist in the recipient countries.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Obligations of States parties","D. International obligations"]},{"id":"e-c-12-gc-22-0053","docId":"e-c-12-gc-22","idx":53,"n":53,"text":"53. Intergovernmental organizations, and in particular the United Nations and its specialized agencies, programmes and bodies, have a crucial role to play and contribution to make with regard to the universal realization of the right to sexual and reproductive health. The World Health Organization, UNFPA, the United Nations Entity for Gender Equality and the Empowerment of Women (UN–Women), the Office of the United Nations High Commissioner for Human Rights and other United Nations entities provide technical guidance and information, as well as capacitybuilding and strengthening. They should cooperate effectively with States parties, building on their respective expertise in relation to the implementation of the right to sexual and reproductive health at the national level, with due respect to their individual mandates, in collaboration with civil society.[[fn:41]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":41,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 14, paras. 6365."}],"section":["IV. Obligations of States parties","D. International obligations"]},{"id":"e-c-12-gc-22-0054","docId":"e-c-12-gc-22","idx":54,"n":54,"text":"54. Violations of the right to sexual and reproductive health can occur through the direct action of States or other entities that are insufficiently regulated by States. Violations through acts of commission include the adoption of legislation, regulations, policies or programmes that create barriers to the realization of the right to sexual and reproductive health in the State party or in third countries, or the formal repeal or suspension of legislation, regulations, policies or programmes that are necessary for the continued enjoyment of the right to sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0055","docId":"e-c-12-gc-22","idx":55,"n":55,"text":"55. Violations through acts of omission include the failure to take appropriate steps towards the full realization of everyone's right to sexual and reproductive health and the failure to enact and enforce relevant laws. Failure to ensure formal and substantive equality in the enjoyment of the right to sexual and reproductive health constitutes a violation of this right. The elimination of de jure as well as de facto discrimination is required for the equal enjoyment of the right to sexual and reproductive health.[[fn:42]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":42,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 16, para. 41."}],"section":["V. Violations"]},{"id":"e-c-12-gc-22-0056","docId":"e-c-12-gc-22","idx":56,"n":56,"text":"56. Violations of the obligation to respect occur when the State, through laws, policies or actions, undermines the right to sexual and reproductive health. Such violations include State interference with an individual’s freedom to control his or her own body and ability to make free, informed and responsible decisions in this regard. They also occur when the State removes or suspends laws and policies that are necessary for the enjoyment of the right to sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0057","docId":"e-c-12-gc-22","idx":57,"n":57,"text":"57. Examples of violations of the obligation to respect include the establishment of legal barriers impeding access by individuals to sexual and reproductive health services, such as the criminalization of women undergoing abortions and the criminalization of consensual sexual activity between adults. Banning or denying access in practice to sexual and reproductive health services and medicines, such as emergency contraception, also violates the obligation to respect. Laws and policies that prescribe involuntary, coercive or forced medical interventions, including forced sterilization or mandatory HIV/AIDS, virginity or pregnancy testing, also violate the obligation to respect.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0058","docId":"e-c-12-gc-22","idx":58,"n":58,"text":"58. Laws and policies that indirectly perpetuate coercive medical practices, including incentive- or quota-based contraceptive policies and hormonal therapy, as well as surgery or sterilization requirements for legal recognition of one’s gender identity, constitute additional violations of the obligation to respect. Further violations include state practices and policies that censor or withhold information, or present inaccurate, misrepresentative or discriminatory information, related to sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0059","docId":"e-c-12-gc-22","idx":59,"n":59,"text":"59. Violations of the obligation to protect occur when a State fails to take effective steps to prevent third parties from undermining the enjoyment of the right to sexual and reproductive health. This includes the failure to prohibit and take measures to prevent all forms of violence and coercion committed by private individuals and entities, including domestic violence, rape (including marital rape), sexual assault, abuse and harassment, including during conflict, post-conflict and transition situations; violence targeting lesbian, gay, bisexual, transgender and intersex persons or women seeking abortion or post-abortion care; harmful practices such as female genital mutilation, child and forced marriage, forced sterilization, forced abortion and forced pregnancy; and medically unnecessary, irreversible and involuntary surgery and treatment performed on intersex infants or children.","labels":["Women/girls","Children","LGBTI+","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0060","docId":"e-c-12-gc-22","idx":60,"n":60,"text":"States must effectively monitor and regulate specific sectors, such as private health-care providers, health insurance companies, educational and child-care institutions, institutional care facilities, refugee camps, prisons and other detention centres, to ensure that they do not undermine or violate enjoyment by individuals of the right to sexual and reproductive health. States have an obligation to ensure that private health insurance companies do not refuse to cover sexual and reproductive health services. Furthermore, States also have an extraterritorial obligation[[fn:43]] to ensure that transnational corporations, such as pharmaceutical companies operating globally, do not violate the right to sexual and reproductive health of people in other countries, for example through non-consensual testing of contraceptives or medical experiments.","labels":["Refugees & asylum-seekers","Persons deprived of their liberty","Children in alternative care"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":43,"text":"Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights."}],"section":["V. Violations"]},{"id":"e-c-12-gc-22-0061","docId":"e-c-12-gc-22","idx":61,"n":61,"text":"61. Violations of the obligation to fulfil occur when States do not take all necessary steps to facilitate, promote and provide for the right to sexual and reproductive health within maximum available resources. Such violations arise when States fail to adopt and implement a holistic and inclusive national health policy that adequately and comprehensively includes sexual and reproductive health or when a policy fails to appropriately address the needs of disadvantaged and marginalized groups.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0062","docId":"e-c-12-gc-22","idx":62,"n":62,"text":"62. Violations of the obligation to fulfil also occur when States fail to progressively ensure that sexual and reproductive health facilities, goods and services are available, accessible, acceptable and of good quality. Examples of such violations include the failure to guarantee access to the full range of contraceptive options so that all individuals are able to utilize an appropriate method that suits their particular situation and needs.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0063","docId":"e-c-12-gc-22","idx":63,"n":63,"text":"63. In addition, violations of the obligation to fulfil occur when States fail to take affirmative measures to eradicate legal, procedural, practical and social barriers to the enjoyment of the right to sexual and reproductive health and to ensure that healthcare providers treat all individuals seeking sexual and reproductive health care in a respectful and non-discriminatory manner. Violation of the obligation to fulfil also occur when States fail to take measures to ensure that up-to-date, accurate information on sexual and reproductive health is publicly available and accessible to all individuals, in appropriate languages and formats, and to ensure that all educational institutions incorporate unbiased, scientifically accurate, evidence-based, age-appropriate and comprehensive sexuality education into their required curricula.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["V. Violations"]},{"id":"e-c-12-gc-22-0064","docId":"e-c-12-gc-22","idx":64,"n":64,"text":"64. States must ensure that all individuals have access to justice and to meaningful and effective remedy in instances in which the right to sexual and reproductive health is violated. Remedies include, but are not limited to, adequate, effective and prompt reparation in the form of restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, as appropriate. The effective exercise of the right to remedy requires funding access to justice and information about the existence of these remedies. It is also important that the right to sexual and reproductive health be enshrined in laws and policies and be fully justiciable at the national level, and that judges, prosecutors and lawyers be made aware of that such a right can be enforced. When third parties contravene the right to sexual and reproductive health, States must ensure that such violations are investigated and prosecuted, and that the perpetrators are held accountable, while the victims of such violations are provided with remedies.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["VI. Remedies"]},{"id":"e-c-12-gc-23-0001","docId":"e-c-12-gc-23","idx":1,"n":1,"text":"The right of everyone to the enjoyment of just and favourable conditions of work is recognized in the International Covenant on Economic, Social and Cultural Rights and other international and regional human rights treaties,[[fn:1]] as well as related international legal instruments, including conventions and recommendations of the International Labour Organization (ILO).[[fn:2]] It is an important component of other labour rights enshrined in the Covenant and the corollary of the right to work as freely chosen and accepted. Similarly, trade union rights, freedom of association and the right to strike are crucial means of introducing, maintaining and defending just and favourable conditions of work.[[fn:3]] In turn, social security compensates for the lack of work-related income and complements labour rights.[[fn:4]] The enjoyment of the right to just and favourable conditions of work is a prerequisite for, and result of, the enjoyment of other Covenant rights, for example, the right to the highest attainable standard of physical and mental health, by avoiding occupational accidents and disease, and an adequate standard of living through decent remuneration.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":1,"text":"See Universal Declaration of Human Rights, arts. 23 and 24; International Convention on the Elimination of All Forms of Racial Discrimination, art. 5; Convention on the Elimination of All Forms of Discrimination against Women, art. 11; Convention on the Rights of the Child, art. 32; International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 25; Convention on the Rights of Persons with Disabilities, art. 27; European Social Charter (Revised), Part I, paras. 2, 3, 4, 7 and 8; and Part II, arts. 2, 3 and 4; Charter of Fundamental Rights of the European Union, arts. 14, 23, 31 and 32; Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, art. 7; and African Charter on Human and Peoples’ Rights, art. 15. The wording of the provisions in the various treaties differs. The European instruments are broader in the protections offered, while the African Charter includes the narrower requirement of “equal pay for equal work”."},{"n":2,"text":"Although many ILO conventions relate directly and indirectly to just and favourable conditions of work, for the present general comment, the Committee has identified the following as relevant: Hours of Work (Industry) Convention, 1919 (No. 1); Weekly Rest (Industry) Convention, 1921 (No. 14); Minimum Wage-Fixing Machinery Convention, 1928 (No. 26); Hours of Work (Commerce and Offices) Convention, 1930 (No. 30); Forty-Hour Week Convention, 1935 (No. 47); Protection of Wages Convention, 1949 (No. 95); Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99); Equal Remuneration Convention, 1951 (No. 100); Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106); Discrimination (Employment and Occupation) Convention, 1958 (No. 111); Minimum Wage Fixing Convention, 1970 (No. 131); Holidays with Pay Convention (Revised), 1970 (No. 132); Minimum Age Convention, 1973 (No. 138); Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153); Occupational Safety and Health Convention, 1981 (No. 155); Protocol of 2002 to the Occupational Safety and Health Convention, 1981; Workers with Family Responsibilities Convention, 1981 (No. 156); Night Work Convention, 1990 (No. 171); Part-Time Work Convention, 1994 (No. 175); Maternity Protection Convention, 2000 (No. 183); Convention concerning the Promotional Framework for Occupational Safety and Health, 2006 (No. 187); and Domestic Workers Convention, 2011 (No. 189)."},{"n":3,"text":"Committee on Economic, Social and Cultural Rights general comment No. 18 (2005) on the right to work, paragraph 2, indicates the interconnection between the right to work in a general sense in article 6 of the Covenant, the recognition of the individual dimension of the right to the enjoyment of just and favourable conditions of work in article 7 and the collective dimension in article 8."},{"n":4,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 19 (2007) on the right to social security, para. 2."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-23-0002","docId":"e-c-12-gc-23","idx":2,"n":2,"text":"The importance of the right to just and favourable conditions of work has yet to be fully realized. Almost 50 years after the adoption of the Covenant, the level of wages in many parts of the world remains low and the gender pay gap is a persistent and global problem. ILO estimates that annually some 330 million people are victims of accidents at work and that there are 2 million work-related fatalities.[[fn:5]] Almost half of all countries still regulate weekly working hours above the 40-hour work week, with many establishing a 48-hour limit, and some countries have excessively high average working hours. In addition, workers in special economic, free trade and export processing zones are often denied the right to just and favourable conditions of work through non-enforcement of labour legislation.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":5,"text":"According to ILO, the overall number of work-related fatal and non-fatal accidents and diseases globally did not vary significantly during the period 1998 to 2008, although the global figure hides variations among countries and regions."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-23-0003","docId":"e-c-12-gc-23","idx":3,"n":3,"text":"Discrimination, inequality and a lack of assured rest and leisure conditions plague many of the world’s workers. Economic, fiscal and political crises have led to austerity measures that claw back advances. The increasing complexity of work contracts, such as short-term and zero-hour contracts, and non-standard forms of employment, as well as an erosion of national and international labour standards, collective bargaining and working conditions, have resulted in insufficient protection of just and favourable conditions of work. Even in times of economic growth, many workers do not enjoy such conditions of work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"]},{"id":"e-c-12-gc-23-0004","docId":"e-c-12-gc-23","idx":4,"n":4,"text":"The Committee is aware that the concept of work and workers has evolved from the time of drafting of the Covenant to include new categories, such as self-employed workers, workers in the informal economy, agricultural workers, refugee workers and unpaid workers. Following up on general comment No. 18 on the right to work, and benefiting from its experience in the consideration of reports of States parties, the present general comment has been drafted by the Committee with the aim of contributing to the full implementation of article 7 of the Covenant.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["I. Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0005","docId":"e-c-12-gc-23","idx":5,"n":5,"text":"The right to just and favourable conditions of work is a right of everyone, without distinction of any kind. The reference to “everyone” highlights the fact that the right applies to all workers in all settings, regardless of gender, as well as young and older workers, workers with disabilities, workers in the informal sector, migrant workers, workers from ethnic and other minorities, domestic workers, self-employed workers, agricultural workers, refugee workers and unpaid workers. The reference to “everyone” reinforces the general prohibition on discrimination in article 2 (2) and the equality provision in article 3 of the Covenant, and is supplemented by the various references to equality and freedom from distinctions of any kind in sub-articles 7 (a) (i) and (c).","labels":["Refugees & asylum-seekers","Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0006","docId":"e-c-12-gc-23","idx":6,"n":6,"text":"Article 7 identifies a non-exhaustive list of fundamental elements to guarantee just and favourable conditions of work. The reference to the term “in particular” indicates that other elements, not explicitly referred to, are also relevant. In this context, the Committee has systematically underlined factors such as the following: prohibition of forced labour and social and economic exploitation of children and young persons; freedom from violence and harassment, including sexual harassment; and paid maternity, paternity and parental leave.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0007","docId":"e-c-12-gc-23","idx":7,"n":7,"text":"The term “remuneration” goes beyond the more restricted notion of “wage” or “salary” to include additional direct or indirect allowances in cash or in kind paid by the employer to the employee that should be of a fair and reasonable amount, such as grants, contributions to health insurance, housing and food allowances, and on-site affordable childcare facilities.[[fn:6]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":6,"text":"This understanding is supported by article 1 (a) of the ILO Equal Remuneration Convention, 1951 (No. 100), which has been ratified by 171 States."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","1. Remuneration"]},{"id":"e-c-12-gc-23-0008","docId":"e-c-12-gc-23","idx":8,"n":8,"text":"8. It is clear that the reference to “a minimum” in article 7 (a) is designed to ensure that the article should in no case limit efforts to improve remuneration to a level above those standards.[[fn:7]] This minimum applies to “all workers”, reflecting the term “everyone” in the chapeau.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":7,"text":"See Travaux Préparatoires A/2929 (1955), para. 5. See also Matthew Craven, The International Covenant on Economic, Social, and Cultural Rights: A Perspective on Its Development (Oxford, Clarendon Press, 1995), chap. 6, sect. II.B."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","1. Remuneration"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0009","docId":"e-c-12-gc-23","idx":9,"n":9,"text":"9. The minimum criteria for remuneration are: fair wages, equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work (art. 7 (a) (i)); and a decent living for workers and their families (art. 7 (a) (ii)).","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","1. Remuneration"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0010","docId":"e-c-12-gc-23","idx":10,"n":10,"text":"10. All workers have the right to a fair wage. The notion of a fair wage is not static, since it depends on a range of non-exhaustive objective criteria, reflecting not only the output of the work but also the responsibilities of the worker, the level of skill and education required to perform the work, the impact of the work on the health and safety of the worker, specific hardships related to the work and the impact on the worker’s personal and family life.[[fn:8]], [[fn:9]] Any assessment of fairness should also take into account the position of female workers, particularly where their work and pay has traditionally been undervalued. Where workers have precarious contracts, supplements to the wage, as well as other measures to guard against arbitrariness, may be necessary in the interest of fairness to mitigate the lack of job security. Workers should not have to pay back part of their wages for work already performed and should receive all wages and benefits legally due upon termination of a contract or in the event of the bankruptcy or judicial liquidation of the employer. Employers are prohibited from restricting the freedom of workers to dispose of their remuneration. Prisoners who agree to work should receive a fair wage. For the clear majority of workers, fair wages are above the minimum wage. Wages should be paid in a regular, timely fashion and in full.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":8,"text":"The 2014 ILO Study on Minimum Wage Systems suggests that the notion of a fair wage comprises the notions of a minimum wage and a living wage (the latter more closely related to article 7 (a) (ii) of the Covenant), the notion of a fair wage being broader."},{"n":9,"text":"In the present general comment, the relationship between wages and the cost of living is understood to fall more clearly as a consideration under article 7 (a) (ii); however, it is also important to emphasize that the notion of a “fair wage” and remuneration for a decent living are interdependent."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0011","docId":"e-c-12-gc-23","idx":11,"n":11,"text":"11. Not only should workers receive equal remuneration when they perform the same or similar jobs, but their remuneration should also be equal even when their work is completely different but nonetheless of equal value when assessed by objective criteria. This requirement goes beyond only wages or pay to include other payments or benefits paid directly or indirectly to workers. Although equality between men and women is particularly important in this context and even merits a specific reference in article 7 (a) (i), the Committee reiterates that equality applies to all workers without distinction based on race, ethnicity, nationality, migration or health status, disability, age, sexual orientation, gender identity or any other ground.[[fn:10]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":10,"text":"See art. 2 (2) of the Covenant; and Committee on Economic, Social and Cultural Rights general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0012","docId":"e-c-12-gc-23","idx":12,"n":12,"text":"12. The extent to which equality is being achieved requires an ongoing objective evaluation of whether the work is of equal value and whether the remuneration received is equal.[[fn:11]] It should cover a broad selection of functions. Since the focus should be on the “value” of the work, evaluation factors should include skills, responsibilities and effort required by the worker, as well as working conditions. It could be based on a comparison of rates of remuneration across organizations, enterprises and professions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":11,"text":"The ILO Equal Remuneration Convention 1951 (No. 100), article 1 (b), refers to “equal remuneration for work of equal value” as “rates of remuneration established without discrimination on the basis of sex”. The Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111) extends the principle of equal remuneration for work of equal value to other grounds upon which discrimination is prohibited. In making an explicit reference to “without distinction”, article 7 of the Covenant goes beyond Convention No. 100 to protect against discrimination on grounds other than sex."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0013","docId":"e-c-12-gc-23","idx":13,"n":13,"text":"13. Objective job evaluation is important to avoid indirect discrimination when determining rates of remuneration and comparing the relative value of different jobs. For example, a distinction between full-time and part-time work — such as the payment of bonuses only to full-time employees — might indirectly discriminate against women employees if a higher percentage of women are part-time workers.[[fn:12]] Similarly, the objective evaluation of the work must be free from gender bias.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":12,"text":"See ILO Part-Time Work Convention 1994 (No. 175), art. 5."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0014","docId":"e-c-12-gc-23","idx":14,"n":14,"text":"14. Equal remuneration for work of equal value applies across all sectors. Where the State has direct influence over rates of remuneration, equality should be achieved in the public sector as rapidly as possible, ensuring equal remuneration for work of equal value in the civil service at the central, provincial and local levels, as well as for work under public contract or in enterprises either fully or partially owned by the State.[[fn:13]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":13,"text":"Adapted from Equal Remuneration Recommendation, 1951 (No. 90), paras. 1-2."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0015","docId":"e-c-12-gc-23","idx":15,"n":15,"text":"15. Remuneration set through collective agreements should be aimed at ensuring equality for work of equal value. States parties should adopt legislation and other measures to promote equal remuneration for work of equal value, including in the private sphere, for example, by encouraging the establishment of a classification of jobs without regard to sex; fixing timebound targets for achieving equality, and reporting requirements designed to assess whether targets have been met; and requiring progressive decreases in the differentials between rates of remuneration for men and women for work of equal value.[[fn:14]] States parties should consider the introduction of a wide range of vocational and other training measures for women, including in non-traditional fields of study and work.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":14,"text":"See ILO Equal Remuneration Recommendation 1951 (No. 90), paras. 4-5."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0016","docId":"e-c-12-gc-23","idx":16,"n":16,"text":"16. The notion of “conditions of work for women not inferior to those enjoyed by men” and “equal pay for equal work” mentioned in the second part of article 7 (i) (a) are more restrictive than the notion of equal remuneration for work of equal value. First, the former are specifically related to direct discrimination on the basis of sex, while “equal remuneration for work of equal value” is without distinction on any ground. Second, they focus on a narrower comparison between the same job or post, normally in the same enterprise or organization, instead of the broader recognition of remuneration based on the value of work. Therefore, in the specific situation in which a man and a woman perform the same or similar functions, both workers must receive the same pay, but this should not detract from the requirement to take immediate steps towards the broader obligation of achieving equal remuneration for men and women for work of equal value.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0017","docId":"e-c-12-gc-23","idx":17,"n":17,"text":"17. “Conditions of work” in this particular subparagraph include the “conditions” identified in the work contract that can affect the rate of remuneration, as well as broader “conditions” referred to in other paragraphs of article 7. Thus, a woman performing work of equal value to that of a male counterpart should not have fewer contractual protections or more arduous contractual requirements. This requirement does not prevent women from enjoying specific conditions of work relating to pregnancy and maternity protection.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0018","docId":"e-c-12-gc-23","idx":18,"n":18,"text":"18. Closely linked to the notions of fairness and equality, “remuneration” must also provide a “decent living” for workers and their families. While fair wages and equal remuneration are determined by reference to the work performed by an individual worker, as well as in comparison with other workers, remuneration that provides a decent living must be determined by reference to outside factors such as the cost of living and other prevailing economic and social conditions. Thus, remuneration must be sufficient to enable the worker and his or her family to enjoy other rights in the Covenant, such as social security, health care, education and an adequate standard of living, including food, water and sanitation, housing, clothing and additional expenses such as commuting costs.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0019","docId":"e-c-12-gc-23","idx":19,"n":19,"text":"19. A minimum wage is “the minimum amount of remuneration that an employer is required to pay wage earners for the work performed during a given period, which cannot be reduced by collective agreement or an individual contract”.[[fn:15]] It provides a means of ensuring remuneration for a decent living for workers and their families.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":15,"text":"This is the definition relied upon by the ILO Committee of Experts on the Application of Conventions and Recommendations in a number of its reports and other documents."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0020","docId":"e-c-12-gc-23","idx":20,"n":20,"text":"20. States parties should prioritize the adoption of a periodically reviewed minimum wage, indexed at least to the cost of living, and maintain a mechanism to do this. Workers, employers and their representative organizations should participate directly in the operation of such a mechanism.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0021","docId":"e-c-12-gc-23","idx":21,"n":21,"text":"21. Minimum wages can be effective only if they are adequate to the goals set forth in article 7. The minimum wage should be recognized in legislation, fixed with reference to the requirements of a decent living, and applied consistently. The elements to take into account in fixing the minimum wage are flexible, although they must be technically sound, including the general level of wages in the country, the cost of living, social security contributions and benefits, and relative living standards. The minimum wage might represent a percentage of the average wage, so long as this percentage is sufficient to ensure a decent living for workers and their families.[[fn:16]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":16,"text":"The European Committee of Social Rights has indicated that remuneration, to be fair, must be in any event above the poverty line in the country, i.e. 50 per cent of the national average wage."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0022","docId":"e-c-12-gc-23","idx":22,"n":22,"text":"22. In setting the minimum wage, reference to wages paid for work of equal value in sectors subject to collective wage agreements is relevant, as is the general level of salaries in the country or locality in question. The requirements of economic and social development and achievement of a high level of employment also need to be considered, but the Committee underlines that such factors should not be used to justify a minimum wage that does not ensure a decent living for workers and their families. While recognizing that minimum wages are often frozen during times of economic and financial crisis, the Committee further underlines that, in order for States parties to comply with article 7 of the Covenant, such a measure has to be taken as a last resort and must be of a temporary nature, bearing in mind the needs of workers in vulnerable situations, with a return to the standard procedures of periodic review and increase in the minimum wage as swiftly as possible.[[fn:17]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":17,"text":"Letter of the Chair of the Committee on Economic, Social and Cultural Rights to States parties on austerity measures, May 2012."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0023","docId":"e-c-12-gc-23","idx":23,"n":23,"text":"23. The minimum wage should apply systematically, protecting as much as possible the fullest range of workers, including workers in vulnerable situations. The minimum wage might apply generally or differ across sectors, regions, zones and professional categories,[[fn:18]] so long as the wages apply without direct or indirect discrimination and ensure a decent living. In setting minimum wages at the sector or industry level, the work performed in sectors predominantly employing women, minorities or foreign workers should not be undervalued compared with work in sectors predominantly employing men or nationals. It is particularly important to ensure that the job evaluation methods used to align or adjust sectoral or occupational minimum wage schemes are not inherently discriminatory.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":18,"text":"See ILO Minimum Wage Fixing Recommendation, 1970 (No. 135), Part III, para. 5."}],"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0024","docId":"e-c-12-gc-23","idx":24,"n":24,"text":"24. The failure of employers to respect the minimum wage should be subject to penal or other sanctions. Appropriate measures, including effective labour inspections, are necessary to ensure the application of minimum wage provisions in practice. States parties should provide adequate information on minimum wages in relevant languages and dialects, as well as in accessible formats for workers with disabilities and illiterate workers.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","A. Article 7 (a): remuneration which provides all workers, as a minimum, with:","2. Fair wages"]},{"id":"e-c-12-gc-23-0025","docId":"e-c-12-gc-23","idx":25,"n":25,"text":"25. Preventing occupational accidents and disease is a fundamental aspect of the right to just and favourable conditions of work, and is closely related to other Covenant rights, in particular the right to the highest attainable level of physical and mental health.[[fn:19]] States parties should adopt a national policy for the prevention of accidents and work-related health injury by minimizing hazards in the working environment[[fn:20]] and ensuring broad participation in the formulation, implementation and review of such a policy, in particular of workers, employers and their representative organizations.[[fn:21]] While full prevention of occupational accidents and diseases might not be possible, the human and other costs of not taking action far outweigh the financial burden on States parties for taking immediate preventative steps that should be increased over time.[[fn:22]]","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":19,"text":"See art. 12 (2) (b) and (c) of the Covenant."},{"n":20,"text":"See ILO Occupational Safety and Health Convention, 1981 (No. 155), art. 4 (1)."},{"n":21,"text":"Ibid."},{"n":22,"text":"See Craven, The International Covenant on Economic, Social, and Cultural Rights, chap. 6, sect. III.C."}],"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0026","docId":"e-c-12-gc-23","idx":26,"n":26,"text":"26. The national policy should cover all branches of economic activity, including the formal and informal sectors, and all categories of workers,[[fn:23]] including non-standard workers, apprentices and interns. It should take into account specific risks to the safety and health of female workers in the event of pregnancy, as well as of workers with disabilities, without any form of discrimination against these workers. Workers should be able to monitor working conditions without fear of reprisal.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":23,"text":"See ILO Occupational Safety and Health Convention, 1981 (No. 155), arts. 1 (1) and 2 (1). In particular, policies should include protection of domestic workers, as well as temporary workers, part-time workers, apprentices, self-employed persons, migrant workers and workers in the informal sector."}],"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0027","docId":"e-c-12-gc-23","idx":27,"n":27,"text":"27. The policy should address at least the following areas:[[fn:24]] design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work (workplaces, working environment, work processes, tools, machinery and equipment, as well as chemical, physical and biological substances and agents); the relationship between the main elements of work and the physical and mental capacities of workers, including their ergonomic requirements; training of relevant personnel; and protection of workers and representative organizations from disciplinary measures when they have acted in conformity with the national policy, such as in response to imminent and serious danger.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":24,"text":"See ILO Occupational Safety and Health Convention, 1981 (No. 155), arts. 5 (a), (b), (c) and (e)."}],"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0028","docId":"e-c-12-gc-23","idx":28,"n":28,"text":"28. In particular, the policy should indicate specific actions required of employers in areas such as prevention and response to accidents and disease, as well as recording and providing notification about relevant data, given the fundamental responsibility of the employer to protect the health and safety of workers. It should also include a mechanism, which might be a central body, for coordination of policy implementation and support programmes and with the authority to undertake periodic reviews. To assist with the review, the policy should promote the collection and dissemination of reliable and valid data on the fullest possible range of occupational accidents and disease, including accidents involving workers while commuting to and from work.[[fn:25]] Data collection should respect human rights principles, including confidentiality of personal and medical data,[[fn:26]] as well as the need for disaggregation of data by sex and other relevant grounds.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":25,"text":"See Protocol of 2002 to the ILO Occupational Safety and Health Convention, 1981 (No. 155), art. 1 (d)."},{"n":26,"text":"Ibid., art. 3 (d)."}],"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0029","docId":"e-c-12-gc-23","idx":29,"n":29,"text":"29. The policy should incorporate appropriate monitoring and enforcement provisions, including effective investigations, and provide adequate penalties in case of violations, including the right of enforcement authorities to suspend the operation of unsafe enterprises. Workers affected by a preventable occupational accident or disease should have the right to a remedy, including access to appropriate grievance mechanisms, such as courts, to resolve disputes. In particular, States parties should ensure that workers suffering from an accident or disease and, where relevant, the dependants of those workers, receive adequate compensation, including for costs of treatment, loss of earnings and other costs, as well as access to rehabilitation services.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0030","docId":"e-c-12-gc-23","idx":30,"n":30,"text":"30. Access to safe drinking water, adequate sanitation facilities that also meet women’s specific hygiene needs, and materials and information to promote good hygiene are essential elements of a safe and healthy working environment. Paid sick leave is critical for sick workers to receive treatment for acute and chronic illnesses and to reduce infection of co-workers.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","B. Article 7 (b): safe and healthy working conditions"]},{"id":"e-c-12-gc-23-0031","docId":"e-c-12-gc-23","idx":31,"n":31,"text":"All workers have the right to equal opportunity for promotion through fair, merit-based and transparent processes that respect human rights. The applicable criteria of seniority and competence should also include an assessment of individual circumstances, as well as the different roles and experiences of men and women, in order to ensure equal opportunities for all. There should be no place for irrelevant criteria such as personal preference or family, political and social links. Similarly, workers must have the opportunity for promotion free from reprisals related to trade union or political activity. The reference to equal opportunity requires that hiring, promotion and termination not be discriminatory. This is highly relevant for women and other workers, such as workers with disabilities, workers from certain ethnic, national and other minorities, lesbian, gay, bisexual, transgender and intersex workers, older workers and indigenous workers.","labels":["Indigenous peoples","Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","C. Article 7 (c): equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence"]},{"id":"e-c-12-gc-23-0032","docId":"e-c-12-gc-23","idx":32,"n":32,"text":"32. Equality in promotion requires the analysis of direct and indirect obstacles to promotion, as well as the introduction of measures such as training and initiatives to reconcile work and family responsibilities, including affordable day-care services for children and dependent adults. In order to accelerate de facto equality, temporary special measures might be necessary.[[fn:27]] They should be regularly reviewed and appropriate sanctions applied in the event of non-compliance.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":27,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural , para. 15; and general comment No. 20, paras. 38 and 39."}],"section":["II. Normative content","C. Article 7 (c): equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence"]},{"id":"e-c-12-gc-23-0033","docId":"e-c-12-gc-23","idx":33,"n":33,"text":"33. In the public sector, States parties should introduce objective standards for hiring, promotion and termination that are aimed at achieving equality, particularly between men and women. Public sector promotions should be subject to impartial review. For the private sector, States parties should adopt relevant legislation, such as comprehensive nondiscrimination legislation, to guarantee equal treatment in hiring, promotion and termination, and undertake surveys to monitor changes over time.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","C. Article 7 (c): equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence"]},{"id":"e-c-12-gc-23-0034","docId":"e-c-12-gc-23","idx":34,"n":34,"text":"34. Rest and leisure, limitation of working hours and paid periodic holidays help workers to maintain an appropriate balance between professional, family and personal responsibilities and to avoid work-related stress, accidents and disease. They also promote the realization of other Covenant rights; therefore, although States parties have flexibility in the light of the national context, they are required to set minimum standards that must be respected and cannot be denied or reduced on the basis of economic or productivity arguments. States parties should introduce, maintain and enforce laws, polices and regulations covering several factors, as outlined below.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays"]},{"id":"e-c-12-gc-23-0035","docId":"e-c-12-gc-23","idx":35,"n":35,"text":"35. Working days spent in all activities, including unpaid work, should be limited to a specified number of hours. While the general daily limit (without overtime) should be eight hours,[[fn:28]] the rule should take into account the complexities of the workplace and allow for flexibility, responding, for example, to different types of work arrangements such as shift work, consecutive work shifts, work during emergencies and flexible working arrangements. Exceptions should be strictly limited and subject to consultation with workers and their representative organizations. Where legislation permits longer working days, employers should compensate for longer days with shorter working days so that the average number of working hours over a period of weeks does not exceed the general principle of eight hours per day.[[fn:29]] Requirements for workers to be on-call or on standby need to be taken into account in the calculation of hours of work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":28,"text":"See ILO Hours of Work (Industry) Convention, 1919 (No. 1), art. 2, and Hours of Work (Commerce and Offices) Convention, 1930 (No. 30), art. 3. While very wide in scope, they do not cover all areas of economic activity, such as agricultural and domestic workers, that later ILO conventions and recommendations take on board."},{"n":29,"text":"Adapted from ILO Hours of Work (Industry) Convention, 1919 (No. 1), art. 2 (c) (referring strictly to shift work)."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","1. Limits on daily hours of work"]},{"id":"e-c-12-gc-23-0036","docId":"e-c-12-gc-23","idx":36,"n":36,"text":"36. Legislation should establish the maximum number of daily hours of work, which could vary in the light of the exigencies of different employment activities but should not go beyond what is considered a reasonable maximum work day. Measures aimed at assisting workers to reconcile work with family responsibilities should not reinforce stereotyped assumptions that men are the main breadwinners and that women should bear the main responsibility for the household. If substantive equality is to be achieved, both male and female workers with family responsibilities should benefit from the measures on an equal footing.[[fn:30]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":30,"text":"ILO Workers with Family Responsibilities Convention, 1981 (No. 156)."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","1. Limits on daily hours of work"]},{"id":"e-c-12-gc-23-0037","docId":"e-c-12-gc-23","idx":37,"n":37,"text":"37. The number of hours of work per week should also be limited through legislation. The same criteria as indicated for daily limits on working hours apply. The limitation should apply across all sectors and for all types of work, including unpaid work. Reduced working weeks may apply, for instance, in relation to arduous activities. The Committee is aware that many States parties have opted for a 40-hour week and recommends that States parties that have not yet done so take steps progressively to achieve this target.[[fn:31]] Legislation should allow for some flexibility to go beyond the limited number of hours of work per week, corresponding to different working arrangements and sectors. However, as a general rule, the hours per week, averaged over a period of time, should meet the statutory standard working week. Workers should receive additional pay for overtime hours above the maximum permitted hours worked in any given week.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":31,"text":"See ILO, “Working time in the twenty-first century”, report for discussion at the Tripartite Meeting of Experts on Working-time Arrangements (17-21 October 2011), para. 40, which notes that 41 per cent of countries provide for a regular 40-hour workweek."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","2. Limits on weekly hours of work"]},{"id":"e-c-12-gc-23-0038","docId":"e-c-12-gc-23","idx":38,"n":38,"text":"38. Rest during the day is important for the health and safety of workers and therefore legislation should identify and protect rest periods during the work day. Where workers operate machinery or undertake tasks that can affect the life and health of themselves and others, legislation should include mandatory rest periods. Legislation should also include specific regulations on rest periods for night workers and acknowledge certain situations, for example, those of pregnant women, lactating women who may require rest periods in order to breastfeed, or workers undergoing medical treatment. Daily rest periods should take into account possibilities for flexible working arrangements which allow for extended working days in return for an additional day of rest in a weekly or fortnightly period.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","3. Daily rest periods"]},{"id":"e-c-12-gc-23-0039","docId":"e-c-12-gc-23","idx":39,"n":39,"text":"39. All workers must enjoy weekly rest periods, in principle amounting to at least 24 consecutive hours every period of seven days,[[fn:32]] although two consecutive days of rest for workers is preferable as a general rule to ensure their health and safety. Days of rest should correspond to the customs and traditions of the country and the workers in question[[fn:33]] and apply simultaneously to all staff in the enterprise or workplace.[[fn:34]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":32,"text":"See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 2 (1); and Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 6 (1)."},{"n":33,"text":"See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 2 (3); and Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 6 (3) and 6 (4)."},{"n":34,"text":"See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 2 (2); and Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 6 (2)."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","4. Weekly rest periods"]},{"id":"e-c-12-gc-23-0040","docId":"e-c-12-gc-23","idx":40,"n":40,"text":"40. Temporary exceptions should be permissible in certain cases such as accidents, force majeure, urgent work requirements and abnormal pressure of work or to prevent the loss of perishable goods[[fn:35]] and where the nature of the service provided requires work on generally applied days of rest, such as weekend retail work. In such cases, workers should receive compensatory rest as much as possible within the seven-day work period and for at least 24 hours.[[fn:36]] Any exceptions should be agreed through consultation with workers and employers and their representative organizations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":35,"text":"See ILO Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), art. 8 (1); see also ILO, “Working time in the twenty-first century”, para. 21."},{"n":36,"text":"See ILO Weekly Rest (Industry) Convention, 1921 (No. 14), art. 5; and Weekly Rest (Commerce and Offices) Convention 1957 (No. 106), art. 8 (3)."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","4. Weekly rest periods"]},{"id":"e-c-12-gc-23-0041","docId":"e-c-12-gc-23","idx":41,"n":41,"text":"41. All workers, including part-time and temporary workers, must have paid annual leave.[[fn:37]] Legislation should identify the entitlement, at a minimum, of three working weeks of paid leave for one year of full-time service. Workers should receive at least the normal pay for the corresponding period of holidays. Legislation should also specify minimum service requirements, not exceeding six months, for paid leave. In such situations, the worker should nonetheless enjoy paid leave proportionate to the period of employment. Leave due to illness or other justified reasons should not be deducted from paid annual leave.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":37,"text":"See ILO Holidays with Pay Convention (Revised), 1970 (No. 132), arts. 2, 3, 4, 5 (1), 6, 7 (1), 8 (2), 11 and 12."}],"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","5. Paid annual leave"]},{"id":"e-c-12-gc-23-0042","docId":"e-c-12-gc-23","idx":42,"n":42,"text":"42. Part-time workers should receive paid annual leave equivalent to that of comparable full-time workers and proportionate to hours of work. A failure to include part-time workers in the scope of legislation will lead to inequality between men and women where a higher proportion of women rely on part-time work, for example, when returning to work after maternity leave.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","5. Paid annual leave"]},{"id":"e-c-12-gc-23-0043","docId":"e-c-12-gc-23","idx":43,"n":43,"text":"43. The timing for taking paid annual leave should be subject to a negotiated decision between the employer and the worker; however, legislation should set a minimum period of ideally two weeks of uninterrupted paid annual leave. Workers may not relinquish such leave, including in exchange for compensation. Upon termination of employment, workers should receive the period of annual leave outstanding or alternative compensation amounting to the same level of pay entitlement or holiday credit.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","5. Paid annual leave"]},{"id":"e-c-12-gc-23-0044","docId":"e-c-12-gc-23","idx":44,"n":44,"text":"44. Legislation should identify other forms of leave, in particular entitlements to maternity, paternity and parental leave, to leave for family reasons and to paid sick leave. Workers should not be placed on temporary contracts in order to be excluded from such leave entitlements.","labels":["Children","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","5. Paid annual leave"]},{"id":"e-c-12-gc-23-0045","docId":"e-c-12-gc-23","idx":45,"n":45,"text":"45. Workers should benefit from a set number of public holidays with payment of wages equivalent to those for a normal working day. Workers who have to work on public holidays should receive at least the same wage as on a normal working day, as well as compensatory leave corresponding to the time worked. The setting of a minimum work requirement for entitlement to paid public holidays should be prohibited by law. Paid public holidays should not be counted as part of annual leave entitlements.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","6. Paid public holidays"]},{"id":"e-c-12-gc-23-0046","docId":"e-c-12-gc-23","idx":46,"n":46,"text":"46. In the light of contemporary developments in labour law and practice, the development of a national policy on flexibility in the workplace might be appropriate. Such a policy could include flexible arrangements in the scheduling of working hours, for example through flextime, compressed working weeks and job-sharing, as well as flexibility regarding the place of work to include work at home, telework or work from a satellite work centre. Those measures can also contribute towards a better balance between work and family responsibilities, provided they respond to the different requirements and challenges faced by male and female workers. Flexible working arrangements must meet the needs of both workers and employers, and in no case should they be used to undermine the right to just and favourable conditions of work.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","D. Article 7 (d): rest, leisure, reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays","7. Flexible working arrangements"]},{"id":"e-c-12-gc-23-0047","docId":"e-c-12-gc-23","idx":47,"n":47,"text":"The right to just and favourable conditions of work relates to specific workers: (a) Female workers: Progress on the three key interrelated indicators for gender equality in the context of labour rights — the “glass ceiling”, the “gender pay gap” and the “sticky floor” — remains far from satisfactory. Intersectional discrimination and the absence of a life-cycle approach regarding the needs of women lead to accumulated disadvantages that have a negative impact on the right to just and favourable conditions of work and other rights. Particular attention is needed to address occupational segregation by sex and to achieve equal remuneration for work of equal value, as well as equal opportunity for promotion, including through the introduction of temporary special measures. Any assessment of the “value” of work must avoid gender stereotypes that could undervalue work predominantly performed by women. States parties should take into account the different requirements of male and female workers. For example, specific measures might be necessary to protect the safety and health of pregnant workers in relation to travel or night work. Day-care services in the workplace and flexible working arrangements can promote equal conditions of work in practice. Workers benefiting from gender-specific measures should not be penalized in other areas. States parties must take measures to address traditional gender roles and other structural obstacles that perpetuate gender inequality; (b) Young workers and older workers: All workers should be protected against age discrimination. Young workers should not suffer wage discrimination, for example, being forced to accept low wages that do not reflect their skills. An excessive use of unpaid internships and training programmes, as well as of short-term and fixed-term contracts that negatively affect job security, career prospects and social security benefits, is not in line with the right to just and favourable conditions of work. Laws and regulations should include specific measures to protect the health and safety of young workers, including through raising the minimum age for certain types of work.[[fn:38]] Older workers should receive fair wages and equal remuneration for work of equal value, and have equal opportunity for promotion based on their experience and know-how.[[fn:39]] Specific health and safety measures might be necessary, and older workers should benefit from pre-retirement programmes, if they so wish.[[fn:40]] The cumulative effects of discrimination against female workers through the life cycle might require targeted measures to achieve equality and guarantee fair wages, equal opportunities for promotion and equal pension rights; (c) Workers with disabilities: At times, workers with disabilities require specific measures to enjoy the right to just and favourable conditions of work on an equal basis with others. Workers with disabilities should not be segregated in sheltered workshops. They should benefit from an accessible work environment and must not be denied reasonable accommodation, like workplace adjustments or flexible working arrangements. They should also enjoy equal remuneration for work of equal value and must not suffer wage discrimination due to a perceived reduced capacity for work; (d) Workers in the informal economy: Although these workers account for a significant percentage of the world’s workforce, they are often excluded from national statistics and legal protection, support and safeguards, exacerbating vulnerability. While the overall objective should be to formalize work, laws and policies should explicitly extend to workers in the informal economy and States parties should take steps to gather relevant disaggregated data so as to include this category of workers in the progressive realization of the right to just and favourable conditions of work. For that purpose, the informal economy should be included in the mandate of the respective monitoring and enforcement mechanism. Women are often overrepresented in the informal economy, for example, as casual workers, home workers or own-account workers, which in turn exacerbates inequalities in areas such as remuneration, health and safety, rest, leisure and paid leave; (e) Migrant workers: These workers, in particular if they are undocumented, are vulnerable to exploitation, long working hours, unfair wages and dangerous and unhealthy working environments. Such vulnerability is increased by abusive labour practices that give the employer control over the migrant worker’s residence status or that tie migrant workers to a specific employer. If they do not speak the national language(s), they might be less aware of their rights and unable to access grievance mechanisms. Undocumented workers often fear reprisals from employers and eventual expulsion if they seek to complain about working conditions. Laws and policies should ensure that migrant workers enjoy treatment that is no less favourable than that of national workers in relation to remuneration and conditions of work. Internal migrant workers are also vulnerable to exploitation and require legislative and other measures to ensure their right to just and favourable conditions of work; (f) Domestic workers: The vast majority of domestic workers are women. Many belong to ethnic or national minorities or are migrants. They are often isolated and can be exploited, harassed and, in some cases, notably those involving live-in domestic workers, subject to slave-like conditions. They frequently do not have the right to join trade unions or the freedom to communicate with others. Due to stereotyped perceptions, the skills required for domestic work are undervalued; as a result, it is among the lowest paid occupations. Domestic workers have the right to just and favourable conditions of work,[[fn:41]] including protection against abuse, harassment and violence, decent working conditions, paid annual leave, normal working hours, daily and weekly rest on the basis of equality with other workers, minimum wage coverage where this exists, remuneration established without discrimination based on sex, and social security. Legislation should recognize these rights for domestic workers and ensure adequate means of monitoring domestic work, including through labour inspection, and the ability of domestic workers to complain and seek remedies for violations; (g) Self-employed workers: Where unable to earn a sufficient income, such workers should have access to appropriate support measures. Self-employed female workers should benefit from maternity insurance on an equal basis with other workers.[[fn:42]] Legislation on occupational health and safety should cover self-employed workers, requiring them to undertake appropriate training programmes, and be aimed at raising their awareness on the importance of rest, leisure and limitations on working time. Small-scale farmers who rely on unpaid family labour to compensate for difficult working conditions deserve particular attention; (h) Agricultural workers: Agricultural workers often face severe socioeconomic disadvantages, forced labour, income insecurity and lack of access to basic services. At times, they are formally excluded from industrial relations and social security systems. Women agricultural workers, particularly on family farms, are often not recognized as workers and therefore not entitled to wages and social protection, to join agricultural cooperatives and to benefit from loans, credits and other measures to improve working conditions. States parties should enact laws and policies to ensure that agricultural workers enjoy treatment no less favourable than that enjoyed by other categories of workers; (i) Refugee workers: Because of their often precarious status, refugee workers remain vulnerable to exploitation, discrimination and abuse in the workplace, may be less well paid than nationals, and have longer working hours and more dangerous working conditions. States parties should enact legislation enabling refugees to work and under conditions no less favourable than for nationals; (j) Unpaid workers: Women work in activities that are significant for their households and the national economy, and they spend twice as much time as men in unpaid work. Unpaid workers, such as workers in the home or in family enterprises, volunteer workers and unpaid interns, have remained beyond the coverage of ILO conventions and national legislation. They have a right to just and favourable conditions of work and should be protected by laws and policies on occupational safety and health, rest and leisure, and reasonable limitations on working hours, as well as social security.","labels":["Refugees & asylum-seekers","Migrants","Women/girls","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":38,"text":"See ILO Minimum Age Convention, 1973 (No. 138), arts. 3 and 7."},{"n":39,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 6 (1995) on the economic, social and cultural rights of older persons, para. 23."},{"n":40,"text":"Ibid., para. 24."},{"n":41,"text":"See ILO Domestic Workers Convention, 2011 (No. 189), arts. 5, 6, 7, 10, 11, 13, 14, 16 and 17."},{"n":42,"text":"See Committee on the Elimination of Discrimination against Women, communication No. 36/2012, Blok et al. v. The Netherlands, views adopted on 17 February 2014."}],"section":["II. Normative content","E. Special topics of broad application"]},{"id":"e-c-12-gc-23-0048","docId":"e-c-12-gc-23","idx":48,"n":48,"text":"48. All workers should be free from physical and mental harassment, including sexual harassment. Legislation, such as anti-discrimination laws, the penal code and labour legislation, should define harassment broadly, with explicit reference to sexual and other forms of harassment, such as on the basis of sex, disability, race, sexual orientation, gender identity and intersex status. A specific definition of sexual harassment in the workplace is appropriate, and legislation should criminalize and punish sexual harassment as appropriate. A national policy to be applied in the workplace, in both the public and private sectors, should include at least the following elements: (a) explicit coverage of harassment by and against any worker; (b) prohibition of certain acts that constitute harassment, including sexual harassment; (c) identification of specific duties of employers, managers, supervisors and workers to prevent and, where relevant, resolve and remedy harassment cases; (d) access to justice for victims, including through free legal aid; (e) compulsory training for all staff, including for managers and supervisors; (f) protection of victims, including the provision of focal points to assist them, as well as avenues of complaint and redress; (g) explicit prohibition of reprisals; (h) procedures for notification and reporting to a central public authority of claims of sexual harassment and their resolution; (i) provision of a clearly visible workplace-specific policy, developed in consultation with workers, employers and their representative organizations, and other relevant stakeholders such as civil society organizations.","labels":["Women/girls","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","E. Special topics of broad application","Freedom from harassment, including sexual harassment"]},{"id":"e-c-12-gc-23-0049","docId":"e-c-12-gc-23","idx":49,"n":49,"text":"49. Human rights defenders should be able to contribute to the full realization of Covenant rights for all, free from any form of harassment. States parties should respect, protect and promote the work of human rights defenders and other civil society actors towards the realization of the right to just and favourable conditions of work, including by facilitating access to information and enabling the exercise of their rights to freedom of expression, association, assembly and public participation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["II. Normative content","E. Special topics of broad application","Freedom from harassment, including sexual harassment"]},{"id":"e-c-12-gc-23-0050","docId":"e-c-12-gc-23","idx":50,"n":50,"text":"50. States parties must comply with their core obligations and take deliberate, concrete and targeted steps towards the progressive realization of the right to just and favourable conditions of work, using maximum available resources.[[fn:43]] In addition to legislation as an indispensable step, States should also ensure the provision of judicial and other effective remedies that include, but are not limited to, administrative, financial, educational and social measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":43,"text":"Committee on Economic, Social and Cultural Rights general comment No. 3 (1990) on the nature of States parties’ obligations."}],"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0051","docId":"e-c-12-gc-23","idx":51,"n":51,"text":"51. States parties must move as expeditiously and effectively as possible towards the full implementation of the right to just and favourable conditions of work, with a level of flexibility to choose the appropriate means. Although non-State actors, such as employer and worker organizations, also have a responsibility to secure just and favourable conditions of work, particularly through collective agreements, States parties must effectively regulate and enforce that right, and sanction non-compliance by public and private employers.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0052","docId":"e-c-12-gc-23","idx":52,"n":52,"text":"52. State parties should avoid taking any deliberately retrogressive measure without careful consideration and justification. When a State party seeks to introduce retrogressive measures, for example, in response to an economic crisis, it has to demonstrate that such measures are temporary, necessary and non-discriminatory, and that they respect at least its core obligations.[[fn:44]] A State party may never justify retrogressive measures in relation to aspects of the right to just and favourable conditions of work that are subject to immediate or core obligations. States parties facing considerable difficulties in achieving progressive realization of that right due to a lack of national resources have an obligation to seek international cooperation and assistance.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":44,"text":"Letter of the Chair of the Committee to States parties on austerity measures, May 2012."}],"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0053","docId":"e-c-12-gc-23","idx":53,"n":53,"text":"53. States parties must guarantee that the right to just and favourable conditions of work is exercised without discrimination of any kind. Specifically, they have an obligation to guarantee that women enjoy conditions of work not inferior to those of men and receive equal pay for work of equal value, which requires the immediate elimination of formal and substantive discrimination.[[fn:45]] States parties must also combat all forms of unequal treatment arising from precarious employment relationships.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":45,"text":"See Committee on Economic, Social and Cultural Rights general comment No. 20, para. 8."}],"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0054","docId":"e-c-12-gc-23","idx":54,"n":54,"text":"54. In order to ensure accountability, States parties should establish a functioning system of labour inspectorates, with the involvement of social partners, to monitor all aspects of the right to just and favourable conditions of work for all workers, including workers in the informal economy, domestic workers and agricultural workers; to provide advice to workers and employers; and to raise any abuses with competent authorities. Labour inspectorates should be independent and adequately resourced; staffed with trained professionals; able to rely on specialists and medical experts; and have the authority to enter workplaces freely and without prior notice, make recommendations to prevent or remedy problems and facilitate access to justice for victims. Penalties should apply for noncompliance with their recommendations. Labour inspectorates should focus on monitoring the rights of workers and not be used for other purposes, such as checking the migration status of workers.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0055","docId":"e-c-12-gc-23","idx":55,"n":55,"text":"55. States parties should identify indicators and benchmarks to monitor the implementation of the right to just and favourable conditions of work. Such indicators and benchmarks should address the different elements of the right to just and favourable conditions of work, be disaggregated by sex and other relevant grounds such as age, disability, nationality and urban/rural location, and cover all persons under the territorial jurisdiction of the State party or under its control. States parties should define the indicators that are most relevant to national implementation of the right, such as the incidence of occupational accidents; the ratio of women’s wages to men’s wages; the proportion of women and other underrepresented individuals in high-level positions; the proportion of workers offered continuing job training; the number of complaints of harassment received and resolved; the minimum standards for rest, leisure, hours of work and paid annual leave; and the uptake of measures to reconcile professional and family life by women and men. In selecting indicators, the Committee invites States parties to take into account available guidance, including the Office of the United Nations High Commissioner for Human Rights (OHCHR) lists of illustrative indicators with respect to articles 6 and 7 of the Covenant and ILO indicators.[[fn:46]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":46,"text":"OHCHR, Human Rights Indicators: A Guide to Measurement and Implementation (Geneva, 2012) (HR/PUB/12/5); see p. 95 of that report for an illustrative list of indicators relating to articles 6 and 7 of the Covenant. See also ILO Labour Statistics Convention, 1985 (No. 160)."}],"section":["III. Obligations","A. General obligations"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-23-0056","docId":"e-c-12-gc-23","idx":56,"n":56,"text":"56. The Committee underlines the importance of consultation in formulating, implementing, reviewing and monitoring laws and policies related to the right to just and favourable conditions of work, not only with traditional social partners such as workers and employers and their representative organizations, but also with other relevant organizations, such as those representing persons with disabilities, younger and older persons, women, workers in the informal economy, migrants and lesbian, gay, bisexual, transgender and intersex persons, as well as representatives of ethnic groups and indigenous communities.","labels":["Indigenous peoples","Migrants","LGBTI+"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0057","docId":"e-c-12-gc-23","idx":57,"n":57,"text":"57. Any person who has experienced a violation of the right to just and favourable conditions of work should have access to effective judicial or other appropriate remedies, including adequate reparation, restitution, compensation, satisfaction or guarantees of nonrepetition. Access to remedy should not be denied on the grounds that the affected person is an irregular migrant. Not only courts, but also national human rights institutions, labour inspectorates and other relevant mechanisms, should have authority to address such violations. States should review and, if necessary, reform their legislation and codes of procedure to ensure access to remedies, as well as procedural fairness. Legal assistance for obtaining remedies should be available and it should be free for those who are unable to pay.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","A. General obligations"]},{"id":"e-c-12-gc-23-0058","docId":"e-c-12-gc-23","idx":58,"n":58,"text":"58. The right to just and favourable conditions of work imposes three levels of obligations on States parties. First, State parties have an obligation to respect the right by refraining from interfering directly or indirectly with its enjoyment. This is particularly important when the State is the employer, including in State-owned or State-controlled enterprises. For example, States parties should not introduce salary scales that discriminate, directly or indirectly, against female workers, or maintain a promotion system in the public sector that favours, directly or indirectly, the overrepresented gender at higher levels. States parties should take measures to prevent and remedy occupational accidents and disease resulting from their acts or omissions. States parties should also respect collective agreements aimed at introducing and maintaining just and favourable conditions of work and review legislation, including corporate laws and regulations, to ensure that it does not constrain that right.[[fn:47]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":47,"text":"See Guiding Principles on Business and Human Rights, principle 3 (b)."}],"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0059","docId":"e-c-12-gc-23","idx":59,"n":59,"text":"59. The obligation to protect requires States parties to take measures to ensure that third parties, such as private sector employers and enterprises, do not interfere with the enjoyment of the right to just and favourable conditions of work and comply with their obligations. This includes taking steps to prevent, investigate, punish and redress abuse through effective laws and policies and adjudication. For example, States should ensure that laws, policies and regulations governing the right to just and favourable conditions of work, such as a national occupational safety and health policy, or legislation on minimum wage and minimum standards for working conditions, are adequate and effectively enforced.[[fn:48]] States parties should impose sanctions and appropriate penalties on third parties, including adequate reparation, criminal penalties, pecuniary measures such as damages, and administrative measures, in the event of violation of any of the elements of the right. They should also refrain from procuring goods and services from individuals and enterprises that abuse the right. State parties should ensure that the mandates of labour inspectorates and other investigation and protection mechanisms cover conditions of work in the private sector and provide guidance to employers and enterprises. Measures to protect should also cover the informal sector. Certain workers, such as domestic workers, may require specific measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":48,"text":"Ibid., principle 3."}],"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0060","docId":"e-c-12-gc-23","idx":60,"n":60,"text":"60. The obligation to fulfil requires States parties to adopt the measures necessary to ensure the full realization of the right to just and favourable conditions of work. This includes introducing measures to facilitate, promote and provide that right, including through collective bargaining and social dialogue.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0061","docId":"e-c-12-gc-23","idx":61,"n":61,"text":"61. In order to facilitate the right to just and favourable conditions of work, States parties should adopt positive measures to assist workers by according sufficient recognition of the right through laws, policies and regulations, for example, on non-discrimination, a non-derogable minimum wage, occupational safety and health, compulsory insurance coverage, minimum standards for rest, leisure, limitations on working hours, paid annual and other leave and public holidays. States parties should also introduce quotas or other temporary special measures to enable women and other members of groups that have experienced discrimination to reach high-level posts and provide incentives for the private sector to do so.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0062","docId":"e-c-12-gc-23","idx":62,"n":62,"text":"62. To help assess the enjoyment of the right to just and favourable conditions of work, States parties should establish obligatory notification schemes in the event of occupational accidents and disease, as well as mechanisms to assess systematically the level of the minimum wage, fair wages and the gender pay gap between men and women within organizations in the public and private sectors, including in high-level posts. States parties should also periodically review the impact of laws and policies, in consultation with workers and employers, with a view to updating standards in the light of practice. For example, the national policy on occupational safety and health should include a built-in periodic review mechanism. States parties should promote the extension of protective regimes to sectors at risk; introduce schemes that allow for coverage of informal workers, coupled with measures to regularize the informal economy; create adequate dialogue mechanisms to raise pertinent issues; and introduce incentives to overcome the gender pay gap, including through initiatives to alleviate the burden of reproductive work on women, for example, by promoting access to goods and services, such as day-care facilities and nontransferable parental leave for men.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0063","docId":"e-c-12-gc-23","idx":63,"n":63,"text":"63. In order to promote the right to just and favourable conditions of work, State parties should take steps to ensure appropriate education, information and public awareness. With a view to creating equal opportunities for workers to advance in both the private and public sectors, States parties should put in place training programmes and information campaigns, also targeting employers, in relevant languages and accessible formats for persons with disabilities and illiterate workers. Attention should be paid to the need for gender-sensitive training on the occupational health and safety of workers.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0064","docId":"e-c-12-gc-23","idx":64,"n":64,"text":"64. States parties must also provide aspects of the right to just and favourable conditions of work when workers are unable to realize the right themselves. They have a role in creating an enabling labour market environment and should, for example, adapt the workplace and equipment for persons with disabilities in the public sector and provide incentives for the private sector to do so. States could establish non-contributory social security programmes for certain workers, such as workers in the informal economy, to provide benefits and protection against accidents and disease at work.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","B. Specific legal obligations"]},{"id":"e-c-12-gc-23-0065","docId":"e-c-12-gc-23","idx":65,"n":65,"text":"States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of the right to just and favourable conditions of work. Specifically, this requires States parties to: (a) Guarantee through law the exercise of the right without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability, age, sexual orientation, gender identity, intersex status, health, nationality or any other status; (b) Put in place a comprehensive system to combat gender discrimination at work, including with regard to remuneration; (c) Establish in legislation and in consultation with workers and employers, their representative organizations and other relevant partners, minimum wages that are non-discriminatory and non-derogable, fixed by taking into consideration relevant economic factors and indexed to the cost of living so as to ensure a decent living for workers and their families; (d) Adopt and implement a comprehensive national policy on occupational safety and health; (e) Define and prohibit harassment, including sexual harassment, at work through law, ensure appropriate complaints procedures and mechanisms and establish criminal sanctions for sexual harassment; (f) Introduce and enforce minimum standards in relation to rest, leisure, reasonable limitation of working hours, paid leave and public holidays.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","C. Core obligations"]},{"id":"e-c-12-gc-23-0066","docId":"e-c-12-gc-23","idx":66,"n":66,"text":"66. All States must take steps individually and through international assistance and cooperation, especially economic and technical, with a view to achieving progressively the full realization of the right to just and favourable conditions of work. This is particularly incumbent upon those States which are in a position to assist others in this regard. International assistance and cooperation is a means of transferring knowledge and technology and a tool for States to maximize available resources for the full realization of Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0067","docId":"e-c-12-gc-23","idx":67,"n":67,"text":"67. When a State party is not in a position to meet its obligations to realize the right to just and favourable conditions of work, it must seek international assistance. Depending on the availability of resources, States parties should respond to such requests by providing economic and technical assistance and technology transfer and by promoting transnational dialogue between employer and worker organizations, among other measures. Such assistance should be sustainable, culturally appropriate and provided in a manner consistent with human rights standards. Economically developed States parties have a special responsibility for, and interest in, assisting developing countries in this regard.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0068","docId":"e-c-12-gc-23","idx":68,"n":68,"text":"68. States parties should avail themselves of the technical assistance and cooperation of international organizations, in particular ILO. When preparing reports, States parties should use the extensive information and advisory services provided by ILO for data collection and disaggregation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0069","docId":"e-c-12-gc-23","idx":69,"n":69,"text":"69. States parties must refrain from acts or omissions that interfere, either directly or indirectly, with the realization of the right to just and favourable conditions of work in other countries. This is particularly relevant when a State party owns or controls an enterprise or provides substantial support and services to an enterprise operating in another State party.[[fn:49]] To this end, the State party should respect relevant host-country legislation that complies with the Covenant. When the home country has stronger legislation, the State party should seek to maintain similar minimum standards in the host country as much as practicable. State parties should also require respect for the right to just and favourable conditions of work by individuals and enterprises based extraterritorially with which they conduct commercial transactions.[[fn:50]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":49,"text":"Ibid., principle 4."},{"n":50,"text":"Ibid., principle 6."}],"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0070","docId":"e-c-12-gc-23","idx":70,"n":70,"text":"70. States parties should take measures, including legislative measures, to clarify that their nationals, as well as enterprises domiciled in their territory and/or jurisdiction, are required to respect the right to just and favourable conditions of work throughout their operations extraterritorially.[[fn:51]] This responsibility is particularly important in States with advanced labour law systems, as home-country enterprises can help to improve standards for working conditions in host countries. Similarly, in conflict and post-conflict situations, States parties can have an important regulatory and enforcement role and support individuals and enterprises in identifying, preventing and mitigating risks to just and favourable conditions of work through their operations.[[fn:52]] States parties should introduce appropriate measures to ensure that non-State actors domiciled in the State party are accountable for violations of the right to just and favourable conditions of work extraterritorially and that victims have access to remedy. States parties should also provide guidance to employers and enterprises on how to respect the right extraterritorially.[[fn:53]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":51,"text":"Ibid., principle 2."},{"n":52,"text":"Ibid., principle 7 (a)."},{"n":53,"text":"Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights (2011)."}],"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0071","docId":"e-c-12-gc-23","idx":71,"n":71,"text":"71. States parties acting as members of relevant international organizations should also respect the right to just and favourable conditions of work. States parties that are members of international financial institutions, notably the International Monetary Fund, the World Bank and regional development banks, should take steps to ensure that the right is taken into account in their lending policies, credit agreements and other international measures. They should also ensure that the policies and practices of international and regional financial institutions, in particular those concerning structural and/or fiscal adjustment, promote and do not interfere with the right.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0072","docId":"e-c-12-gc-23","idx":72,"n":72,"text":"72. States parties should ensure that the right to just and favourable conditions of work is given due attention in the conclusion and implementation of international agreements, including in bilateral, regional and multilateral trade and investment agreements. Similarly, States parties should ensure that other international agreements do not negatively affect the right to just and favourable conditions of work, for example, by restricting the actions that other States parties could take to implement the right. States parties that have not done so should consider ratifying core human rights treaties and relevant ILO conventions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0073","docId":"e-c-12-gc-23","idx":73,"n":73,"text":"73. States parties should cooperate so as to protect the rights of their nationals working in other States parties, including through bilateral agreements with host countries and the sharing of recruitment practices. This is particularly important to avoid abuse of migrant workers, including domestic workers, and to combat trafficking in persons. Similarly, States parties should seek international cooperation to protect the rights of migrant workers who are employed by enterprises registered in other States parties so as to enable such workers to enjoy just and favourable conditions of work.","labels":["Migrants","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","D. International assistance and cooperation"]},{"id":"e-c-12-gc-23-0074","docId":"e-c-12-gc-23","idx":74,"n":74,"text":"74. While only States are parties to the Covenant, business enterprises, trade unions and all members of society have responsibilities to realize the right to just and favourable conditions of work. This is particularly important in the case of occupational safety and health, given that the employer’s responsibility for the safety and health of workers is a basic principle of labour law, intrinsically related to the employment contract, but it also applies to other elements of the right to just and favourable conditions of work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","E. Obligations of non-State actors"]},{"id":"e-c-12-gc-23-0075","docId":"e-c-12-gc-23","idx":75,"n":75,"text":"75. Business enterprises, irrespective of size, sector, ownership and structure,[[fn:54]] should comply with laws that are consistent with the Covenant and have a responsibility to respect the right to just and favourable conditions of work,[[fn:55]] avoiding any infringements and addressing any abuse of the right as a result of their actions. In situations in which a business enterprise has caused or contributed to adverse impacts, the enterprise should remedy the damage or cooperate in its remediation through legitimate processes that meet recognized standards of due process.[[fn:56]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"footnotes":[{"n":54,"text":"See Guiding Principles on Business and Human Rights, principle 14."},{"n":55,"text":"Ibid., principles 11, 12 and 23."},{"n":56,"text":"Ibid., principle 22."}],"section":["III. Obligations","E. Obligations of non-State actors"]},{"id":"e-c-12-gc-23-0076","docId":"e-c-12-gc-23","idx":76,"n":76,"text":"76. The role of United Nations agencies and programmes, in particular ILO, is also important. In conformity with articles 22 and 23 of the Covenant, ILO and other United Nations specialized agencies, the World Bank, regional development banks, the International Monetary Fund, the World Trade Organization and other relevant bodies, as well as the United Nations Secretariat, including OHCHR, should cooperate effectively with States parties in the implementation of the right to just and favourable conditions of work. When examining State party reports, the Committee will consider the effects of any request for assistance by the State party concerning the enjoyment of the right, as well as the response given.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["III. Obligations","E. Obligations of non-State actors"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-c-12-gc-23-0077","docId":"e-c-12-gc-23","idx":77,"n":77,"text":"77. States parties must demonstrate that they have taken all steps necessary towards the realization of the right within their maximum available resources, that the right is enjoyed without discrimination and that women enjoy conditions of work not inferior to men, as well as equal pay for equal work and for work of equal value. A failure to take such steps amounts to a violation of the Covenant. In assessing whether States parties have complied with their obligation to take such steps, the Committee examines whether steps taken are reasonable and proportionate and whether they comply with human rights standards and democratic principles.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Violations and remedies"]},{"id":"e-c-12-gc-23-0078","docId":"e-c-12-gc-23","idx":78,"n":78,"text":"78. Violations of the right to just and favourable conditions of work can occur through acts of commission, which means direct actions of States parties. Adoption of labour migration policies that increase the vulnerability of migrant workers to exploitation, failure to prevent unfair dismissal from work of pregnant workers in public service, and introduction of deliberately retrogressive measures that are incompatible with core obligations are all examples of such violations.","labels":["Migrants"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Violations and remedies"]},{"id":"e-c-12-gc-23-0079","docId":"e-c-12-gc-23","idx":79,"n":79,"text":"79. Violations can also occur through acts of omission, which means the failure by a State party to take reasonable steps to fully realize the right for everyone, for example by failing to enforce relevant laws and implement adequate policies, or to regulate the activities of individuals and groups to prevent them from violating the right, or to take into account its Covenant obligations when entering into bilateral or multilateral agreements with other States, international organizations or multinational corporations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Violations and remedies"]},{"id":"e-c-12-gc-23-0080","docId":"e-c-12-gc-23","idx":80,"n":80,"text":"80. States parties must put into place an adequate monitoring and accountability framework by ensuring access to justice or to other effective remedies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2016,"section":["IV. Violations and remedies"]},{"id":"e-c-12-gc-24-0001","docId":"e-c-12-gc-24","idx":1,"n":1,"text":"Businesses play an important role in the realization of economic, social and cultural rights, inter alia by contributing to the creation of employment opportunities and — through private investment — to development. However, the Committee on Economic, Social and Cultural Rights has been regularly presented with situations in which, as a result of States’ failure to ensure compliance, under their jurisdiction, with internationally recognized human rights norms and standards, corporate activities have negatively affected economic, social and cultural rights. The present general comment seeks to clarify the duties of States parties to the International Covenant on Economic, Social and Cultural Rights in such situations, with a view to preventing and addressing the adverse impacts of business activities on human rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["I. Introduction"]},{"id":"e-c-12-gc-24-0002","docId":"e-c-12-gc-24","idx":2,"n":2,"text":"The Committee has previously considered the growing impact of business activities on the enjoyment of specific Covenant rights relating to health,[[fn:1]] housing,[[fn:2]] food,[[fn:3]] water,[[fn:4]] social security,[[fn:5]] the right to work,[[fn:6]] the right to just and favourable conditions of work[[fn:7]] and the right to form and join trade unions.[[fn:8]] In addition, the Committee has addressed the issue in concluding observations[[fn:9]] on States parties’ reports, and in its first decision on an individual communication.[[fn:10]] In 2011, it adopted a statement on State obligations related to corporate responsibilities in the context of the Covenant rights.[[fn:11]] The present general comment should be read together with these earlier contributions. It also takes into account advances within the International Labour Organization[[fn:12]] and within regional organizations such as the Council of Europe.[[fn:13]] In adopting the present general comment, the Committee has considered the Guiding Principles on Business and Human Rights endorsed by the Human Rights Council in 2011,[[fn:14]] as well as the contributions made to this issue by human rights treaty bodies and various special procedures.[[fn:15]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":1,"text":"See the Committee’s general comment No. 14 (2000) on the right to the highest attainable standard of health, paras. 26 and 35."},{"n":2,"text":"See the Committee’s general comment No. 4 (1991) on the right to adequate housing, para. 14."},{"n":3,"text":"See the Committee’s general comment No. 12 (1999) on the right to adequate food, paras. 19 and 20."},{"n":4,"text":"See the Committee’s general comment No. 15 (2002) on the right to water, para. 49."},{"n":5,"text":"See the Committee’s general comment No. 19 (2007) on the right to social security, paras. 45, 46 and 71."},{"n":6,"text":"See the Committee’s general comment No. 18 (2005) on the right to work, para. 52."},{"n":7,"text":"See the Committee’s general comment No. 23 (2016) on the right to just and favourable conditions of work, paras. 74 and 75."},{"n":8,"text":"See E/C.12/AZE/CO/3, para. 15."},{"n":9,"text":"See E/C.12/CAN/CO/6, paras. 15 and 16; E/C.12/VNM/CO/2-4, paras. 22 and 29; and E/C.12/DEU/CO/5, paras. 9-11."},{"n":10,"text":"Communication No. 2/2014, I.D.G. v. Spain, Views adopted on 17 June 2015."},{"n":11,"text":"See E/C.12/2011/1, para. 7."},{"n":12,"text":"The International Labour Organization (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, initially adopted in 1977 and last revised in 2017, encourages positive contributions by enterprises to society for implementation of the principles underlying international labour standards."},{"n":13,"text":"See recommendation CM/Rec(2016)3 of the Committee of Ministers of the Council of Europe, on human rights and business, adopted on 2 March 2016 at the 1249th meeting of the Ministers’ Deputies."},{"n":14,"text":"See A/HRC/17/31, endorsed by the Human Rights Council in its resolution 17/4."},{"n":15,"text":"See A/HRC/4/35/Add.1."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-24-0003","docId":"e-c-12-gc-24","idx":3,"n":3,"text":"For the purposes of the present general comment, business activities include all activities of business entities, whether they operate transnationally or their activities are purely domestic, whether they are fully privately owned or State-owned, and regardless of their size, sector, location, ownership and structure.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["II. Context and scope"]},{"id":"e-c-12-gc-24-0004","docId":"e-c-12-gc-24","idx":4,"n":4,"text":"4. In certain jurisdictions, individuals enjoy direct recourse against business entities for violations of economic, social and cultural rights, whether in order to impose on such private entities (negative) duties to refrain from certain courses of conduct or to impose (positive) duties to adopt certain measures or to contribute to the fulfilment of such rights.[[fn:16]] There are also a large number of domestic laws designed to protect specific economic, social and cultural rights, that apply directly to business entities, such as in the areas of non-discrimination, health-care provision, education, the environment, employment relations and consumer safety.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":16,"text":"See, for example, the Constitutional Court of South Africa, Daniels v. Scribante and others, case CCT 50/16, judgment of 11 May 2017, paras. 37-39 (leading judgment by J. Madlanga) (positive duties imposed on the owner to ensure the right to security of tenure in conditions that comply with the requirements of human dignity)."}],"section":["II. Context and scope"]},{"id":"e-c-12-gc-24-0005","docId":"e-c-12-gc-24","idx":5,"n":5,"text":"5. In addition, under international standards, business entities are expected to respect Covenant rights regardless of whether domestic laws exist or are fully enforced in practice.[[fn:17]] The present general comment therefore also seeks to assist the corporate sector in discharging their human rights obligations and assuming their responsibilities, thus mitigating any reputational risks that may be associated with violations of Covenant rights within their sphere of influence.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":17,"text":"Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, principle 11 and commentary."}],"section":["II. Context and scope"]},{"id":"e-c-12-gc-24-0006","docId":"e-c-12-gc-24","idx":6,"n":6,"text":"6. The present general comment could also assist workers’ organizations and employers in the context of collective bargaining. A large number of States parties require workplace procedures for the examination of grievances brought by workers, individually or collectively, without threat of reprisal.[[fn:18]] Social dialogue and the availability of grievance mechanisms for workers could be more systematically relied upon, particularly for the implementation of articles 6 and 7 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":18,"text":"See the ILO Examination of Grievances Recommendation, 1967 (No. 130)."}],"section":["II. Context and scope"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-24-0007","docId":"e-c-12-gc-24","idx":7,"n":7,"text":"7. The Committee has previously underlined that discrimination in the exercise of economic, social and cultural rights is frequently found in private spheres, including in workplaces and the labour market[[fn:19]] and in the housing and lending sectors.[[fn:20]] Under articles 2 and 3 of the Covenant, States parties have the obligation to guarantee the enjoyment of Covenant rights to all without discrimination.[[fn:21]] The requirement to eliminate formal as well as substantive forms of discrimination[[fn:22]] includes a duty to prohibit discrimination by non-State entities in the exercise of economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":19,"text":"See, for example, the Committee’s general comment No. 18, paras. 13 and 14; the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 32; the Committee’s general comment No. 6 (1995) on the economic, social and cultural rights of older persons, para. 22; and the Committee’s general comment No. 4, para. 8 (e)."},{"n":20,"text":"See the Committee’s general comment No. 4, para. 17; and general comment No. 20, para. 11."},{"n":21,"text":"See the Committee’s general comment No. 20, paras. 7 and 8."},{"n":22,"text":"Ibid., paras. 8 and 11."}],"section":["III. Obligations of States parties under the Covenant","A. Obligations of non-discrimination"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-24-0008","docId":"e-c-12-gc-24","idx":8,"n":8,"text":"8. Among the groups that are often disproportionately affected by the adverse impact of business activities are women, children, indigenous peoples, particularly in relation to the development, utilization or exploitation of lands and natural resources,[[fn:23]] peasants, fisherfolk and other people working in rural areas, and ethnic or religious minorities where these minorities are politically disempowered. Persons with disabilities are also often disproportionately affected by the negative impacts of business activities, in particular because they face particular barriers in accessing accountability and remedy mechanisms. As noted by the Committee on previous occasions, asylum seekers and undocumented migrants are at particular risk of facing discrimination in the enjoyment of Covenant rights due to their precarious situation, and under article 7 of the Covenant, migrant workers are particularly vulnerable to exploitation, long working hours, unfair wages and dangerous and unhealthy working environments.[[fn:24]]","labels":["Refugees & asylum-seekers","Indigenous peoples","Migrants","Persons with disabilities","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":23,"text":"See the United Nations Declaration on the Rights of Indigenous Peoples (A/RES/61/295, annex, art. 32 (2))."},{"n":24,"text":"See E/C.12/2017/1 for the Committee’s statement on the duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights; and the Committee’s general comment No. 23, para. 47 (e)."}],"section":["III. Obligations of States parties under the Covenant","A. Obligations of non-discrimination"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-gc-24-0009","docId":"e-c-12-gc-24","idx":9,"n":9,"text":"9. Certain segments of the population face a greater risk of suffering intersectional and multiple discrimination.[[fn:25]] For instance, investment-linked evictions and displacements often result in physical and sexual violence against, and inadequate compensation and additional burdens related to resettlement for, women and girls.[[fn:26]] In the course of such investment-linked evictions and displacements, indigenous women and girls face discrimination both due to their gender and because they identify as indigenous people. In addition, women are overrepresented in the informal economy and are less likely to enjoy labour-related and social security protections.[[fn:27]] Furthermore, despite some improvement, women continue to be underrepresented in corporate decision-making processes worldwide.[[fn:28]] The Committee therefore recommends that States parties address the specific impacts of business activities on women and girls, including indigenous women and girls, and incorporate a gender perspective into all measures to regulate business activities that may adversely affect economic, social and cultural rights, including by consulting the Guidance on National Action Plans on Business and Human Rights.[[fn:29]] States parties should also take appropriate steps, including through temporary special measures, to improve women’s representation in the labour market, including at the upper echelons of the corporate hierarchy.","labels":["Indigenous peoples","Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":25,"text":"See the Committee’s general comment No. 20, para. 17."},{"n":26,"text":"Office of the United Nations High Commissioner for Human Rights (OHCHR) and United Nations Human Settlements Programme (UN-Habitat), Forced Evictions, Fact Sheet No. 25/Rev.1 (2014), p. 16."},{"n":27,"text":"See A/HRC/26/39, paras. 48-50. See also the guidance to States on how to adopt measures to promote workers’ rights and social protection in the informal economy while encouraging a transition to the formal economy, provided in the ILO Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204)."},{"n":28,"text":"See A/HRC/26/39, paras. 57-62."},{"n":29,"text":"By the Working Group on the issue of human rights and transnational corporations and other business enterprises (Working Group on Business and Human Rights) (November 2016)."}],"section":["III. Obligations of States parties under the Covenant","A. Obligations of non-discrimination"]},{"id":"e-c-12-gc-24-0010","docId":"e-c-12-gc-24","idx":10,"n":10,"text":"10. The Covenant establishes specific obligations of States parties at three levels — to respect, to protect and to fulfil. These obligations apply both with respect to situations on the State’s national territory, and outside the national territory in situations over which States parties may exercise control. The extraterritorial components of the obligations are addressed separately in subsection III. C below. That section clarifies the content of States’ obligations, focusing on their duties to protect, which are the most relevant in the context of business activities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil"]},{"id":"e-c-12-gc-24-0011","docId":"e-c-12-gc-24","idx":11,"n":11,"text":"11. The present general comment addresses the States parties to the Covenant, and in that context it only deals with the conduct of private actors — including business entities — indirectly. In accordance with international law, however, States parties may be held directly responsible for the action or inaction of business entities: (a) if the entity concerned is in fact acting on that State party’s instructions or is under its control or direction in carrying out the particular conduct at issue,[[fn:30]] as may be the case in the context of public contracts;[[fn:31]] (b) when a business entity is empowered under the State party’s legislation to exercise elements of governmental authority[[fn:32]] or if the circumstances call for such exercise of governmental functions in the absence or default of the official authorities;[[fn:33]] or (c) if and to the extent that the State party acknowledges and adopts the conduct as its own.[[fn:34]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":30,"text":"See A/56/10 for articles on responsibility of States for internationally wrongful acts, with commentaries adopted by the International Law Commission, art. 8. See also General Assembly resolutions 56/83, 59/35, 62/61, 65/19 and 68/104."},{"n":31,"text":"In particular, the responsibility of the State may be engaged if it fails to include labour clauses in public contracts to ensure the appropriate protection of workers employed by private contractors awarded such contracts. In this regard, States are referred to the ILO Labour Clauses (Public Contracts) Convention, 1949 (No. 94) and the ILO Labour Clauses (Public Contracts) Recommendation, 1949 (No. 84)."},{"n":32,"text":"Articles on responsibility of States for internationally wrongful acts, art. 5."},{"n":33,"text":"Ibid., art. 9."},{"n":34,"text":"Ibid., art. 11."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil"]},{"id":"e-c-12-gc-24-0012","docId":"e-c-12-gc-24","idx":12,"n":12,"text":"12. The obligation to respect economic, social and cultural rights is violated when States parties prioritize the interests of business entities over Covenant rights without adequate justification, or when they pursue policies that negatively affect such rights. This may occur for instance when forced evictions are ordered in the context of investment projects.[[fn:35]] Indigenous peoples’ cultural values and rights associated with their ancestral lands are particularly at risk.[[fn:36]] States parties and businesses should respect the principle of free, prior and informed consent of indigenous peoples in relation to all matters that could affect their rights, including their lands, territories and resources that they have traditionally owned, occupied or otherwise used or acquired.[[fn:37]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":35,"text":"See the Committee’s general comment No. 7 (1997) on forced evictions, paras. 7 and 18; and OHCHR and UN-Habitat, Forced Evictions, Fact Sheet No. 25/Rev.1, pp. 28 and 29. See also, for example, A/HRC/25/54/Add.1, paras. 55 and 59-63."},{"n":36,"text":"See the Committee’s general comment No. 21 (2009) on the right of everyone to take part in cultural life, para. 36. See also the United Nations Declaration on the Rights of Indigenous Peoples, art. 26."},{"n":37,"text":"See the United Nations Declaration on the Rights of Indigenous Peoples, arts. 10, 19, 28, 29 and 32."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","1. Obligation to respect"]},{"id":"e-c-12-gc-24-0013","docId":"e-c-12-gc-24","idx":13,"n":13,"text":"13. States parties should identify any potential conflict between their obligations under the Covenant and under trade or investment treaties, and refrain from entering into such treaties where such conflicts are found to exist,[[fn:38]] as required under the principle of the binding character of treaties.[[fn:39]] The conclusion of such treaties should therefore be preceded by human rights impact assessments that take into account both the positive and negative human rights impacts of trade and investment treaties, including the contribution of such treaties to the realization of the right to development. Such impacts on human rights of the implementation of the agreements should be regularly assessed, to allow for the adoption of any corrective measures that may be required. The interpretation of trade and investment treaties currently in force should take into account the human rights obligations of the State, consistent with Article 103 of the Charter of the United Nations and with the specific nature of human rights obligations.[[fn:40]] States parties cannot derogate from the obligations under the Covenant in trade and investment treaties that they may conclude. They are encouraged to insert, in future treaties, a provision explicitly referring to their human rights obligations, and to ensure that mechanisms for the settlement of investor-State disputes take human rights into account in the interpretation of investment treaties or of investment chapters in trade agreements.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":38,"text":"See A/HRC/19/59/Add.5. See also recommendation CM/Rec(2016)3 of the Committee of Ministers of the Council of Europe, appendix, para. 23."},{"n":39,"text":"See the Vienna Convention on the Law of Treaties, arts. 26 and 30 (4) (b)."},{"n":40,"text":"Inter-American Court of Human Rights, Sawhoyamaxa Indigenous Community v. Paraguay (judgment of 29 March 2006, Series C No. 146), para. 140."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","1. Obligation to respect"],"citedArticles":[{"article":"103","treaty":"?","confidence":"high","source":"opus","rationale":"'Article 103 of the Charter of the United Nations'; UN Charter, non-treaty."}]},{"id":"e-c-12-gc-24-0014","docId":"e-c-12-gc-24","idx":14,"n":14,"text":"14. The obligation to protect means that States parties must prevent effectively infringements of economic, social and cultural rights in the context of business activities. This requires that States parties adopt legislative, administrative, educational and other appropriate measures, to ensure effective protection against Covenant rights violations linked to business activities, and that they provide victims of such corporate abuses with access to effective remedies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0015","docId":"e-c-12-gc-24","idx":15,"n":15,"text":"15. States parties should consider imposing criminal or administrative sanctions and penalties, as appropriate, where business activities result in abuses of Covenant rights or where a failure to act with due diligence to mitigate risks allows such infringements to occur; enable civil suits and other effective means of claiming reparations by victims of rights violations against corporate perpetrators, in particular by lowering the costs to victims and by allowing forms of collective redress; revoke business licences and subsidies, if and to the extent necessary, from offenders; and revise relevant tax codes, public procurement contracts,[[fn:41]] export credits and other forms of State support, privileges and advantages in case of human rights violations, thus aligning business incentives with human rights responsibilities. States parties should regularly review the adequacy of laws and identify and address compliance and information gaps, as well as emerging problems.[[fn:42]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":41,"text":"See the conclusions attached to the resolution concerning decent work in global supply chains, adopted by the General Conference of the International Labour Organization at its 105th session, para. 16 (c)."},{"n":42,"text":"Guiding Principles on Business and Human Rights, principle 17 (c). See A/HRC/32/19.Add.1, para. 5, for the model terms of reference for a review of the coverage and effectiveness of laws relevant to business-related human rights abuses; and A/HRC/32/19, annex, for the guidance to improve corporate accountability and access to judicial remedy for business-related human rights abuse. See also Human Rights Council resolution 32/10."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0016","docId":"e-c-12-gc-24","idx":16,"n":16,"text":"16. The obligation to protect entails a positive duty to adopt a legal framework requiring business entities to exercise human rights due diligence in order to identify, prevent and mitigate the risks of violations of Covenant rights, to avoid such rights being abused, and to account for the negative impacts caused or contributed to by their decisions and operations and those of entities they control on the enjoyment of Covenant rights.[[fn:43]] States should adopt measures such as imposing due diligence requirements to prevent abuses of Covenant rights in a business entity’s supply chain and by subcontractors, suppliers, franchisees, or other business partners.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":43,"text":"Guiding Principles on Business and Human Rights, principles 15 and 17."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0017","docId":"e-c-12-gc-24","idx":17,"n":17,"text":"17. States parties should ensure that, where appropriate, the impacts of business activities on indigenous peoples specifically (in particular, actual or potential adverse impacts on indigenous peoples’ rights to land, resources, territories, cultural heritage, traditional knowledge and culture) are incorporated into human rights impact assessments.[[fn:44]] In exercising human rights due diligence, businesses should consult and cooperate in good faith with the indigenous peoples concerned through indigenous peoples’ own representative institutions in order to obtain their free, prior and informed consent before the commencement of activities.[[fn:45]] Such consultations should allow for identification of the potentially negative impact of the activities and of the measures to mitigate and compensate for such impact. They should also lead to design mechanisms for sharing the benefits derived from the activities, since companies are bound by their duty to respect indigenous rights to establish mechanisms that ensure that indigenous peoples share in the benefits generated by the activities developed on their traditional territories.[[fn:46]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":44,"text":"See A/68/279, para. 31; A Business Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, p. 15; A/HRC/33/42; and A/66/288, paras. 92-102."},{"n":45,"text":"A Business Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, p. 16; and the United Nations Declaration on the Rights of Indigenous Peoples, art. 19."},{"n":46,"text":"See A/66/288, para. 102."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0018","docId":"e-c-12-gc-24","idx":18,"n":18,"text":"18. States would violate their duty to protect Covenant rights, for instance, by failing to prevent or to counter conduct by businesses that leads to such rights being abused, or that has the foreseeable effect of leading to such rights being abused, for instance through lowering the criteria for approving new medicines,[[fn:47]] by failing to incorporate a requirement linked to reasonable accommodation of persons with disabilities in public contracts, by granting exploration and exploitation permits for natural resources without giving due consideration to the potential adverse impacts of such activities on the individual and on communities’ enjoyment of Covenant rights, by exempting certain projects or certain geographical areas from the application of laws that protect Covenant rights, or by failing to regulate the real estate market and the financial actors operating on that market so as to ensure access to affordable and adequate housing for all.[[fn:48]] Such violations are facilitated where insufficient safeguards exist to address corruption of public officials or private-to-private corruption, or where, as a result of corruption of judges, human rights abuses are left unremedied.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":47,"text":"See A/63/263 and A/HRC/11/12."},{"n":48,"text":"See A/HRC/34/51, paras. 62-66."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0019","docId":"e-c-12-gc-24","idx":19,"n":19,"text":"19. The obligation to protect sometimes necessitates direct regulation and intervention. States parties should consider measures such as restricting marketing and advertising of certain goods and services in order to protect public health,[[fn:49]] such as of tobacco products, in line with the Framework Convention on Tobacco Control,[[fn:50]] and of breast-milk substitutes, in accordance with the 1981 International Code of Marketing of Breast-milk Substitutes and subsequent resolutions of the World Health Assembly;[[fn:51]] combating gender role stereotyping and discrimination;[[fn:52]] exercising rent control in the private housing market as required for the protection of everyone’s right to adequate housing;[[fn:53]] establishing a minimum wage consistent with a living wage and a fair remuneration;[[fn:54]] regulating other business activities concerning the Covenant rights to education, employment and reproductive health, in order to combat gender discrimination effectively;[[fn:55]] and gradually eliminating informal or “non-standard” (i.e. precarious) forms of employment, which often result in denying the workers concerned the protection of labour laws and social security.","labels":["Women/girls","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":49,"text":"See the Convention on the Rights of the Child; Committee on the Rights of the Child, general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, paras. 14, 19, 20, 56 and 57; World Health Organization, Set of Recommendations on the Marketing of Foods and Non-Alcoholic Beverages to Children (2010); and World Health Organization, A Framework for Implementing the Set of Recommendations on the Marketing of Foods and Non-Alcoholic Beverages to Children (2012)."},{"n":50,"text":"Of the World Health Organization."},{"n":51,"text":"See A/HRC/19/59, para. 16."},{"n":52,"text":"See the Convention on the Elimination of All Forms of Discrimination against Women, art. 5."},{"n":53,"text":"See the Committee’s general comment No. 4, para. 8 (c)."},{"n":54,"text":"See the Committee’s general comment No. 23, paras. 10-16 and 19-24."},{"n":55,"text":"See the Convention on the Elimination of All Forms of Discrimination against Women, general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, para. 13."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0020","docId":"e-c-12-gc-24","idx":20,"n":20,"text":"20. Corruption constitutes one of the major obstacles to the effective promotion and protection of human rights, particularly as regards the activities of businesses.[[fn:56]] It also undermines a State’s ability to mobilize resources for the delivery of services essential for the realization of economic, social and cultural rights. It leads to discriminatory access to public services in favour of those able to influence authorities, including by offering bribes or resorting to political pressure. Therefore, whistle-blowers should be protected,[[fn:57]] and specialized mechanisms against corruption should be established, their independence should be guaranteed and they should be sufficiently well resourced.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":56,"text":"See Human Rights Council resolution 23/9 and General Assembly resolution A/RES/69/199."},{"n":57,"text":"See the conclusions attached to the resolution concerning decent work in global supply chains, adopted by the General Conference of the International Labour Organization at its 105th session, para. 16 (g)."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0021","docId":"e-c-12-gc-24","idx":21,"n":21,"text":"21. The increased role and impact of private actors in traditionally public sectors, such as the health or education sector, pose new challenges for States parties in complying with their obligations under the Covenant. Privatization is not per se prohibited by the Covenant, even in areas such as the provision of water or electricity, education or health care where the role of the public sector has traditionally been strong. Private providers should, however, be subject to strict regulations that impose on them so-called “public service obligations”: in the provision of water or electricity, this may include requirements concerning universality of coverage and continuity of service, pricing policies, quality requirements, and user participation.[[fn:58]] Similarly, private health-care providers should be prohibited from denying access to affordable and adequate services, treatments or information. For instance, where health practitioners are allowed to invoke conscientious objection to refuse to provide certain sexual and reproductive health services, including abortion, they should refer the women or girls seeking such services to another practitioner within reasonable geographical reach who is willing to provide such services.[[fn:59]]","labels":["Women/girls","Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":58,"text":"See, for example, Human Rights Council resolution 15/9."},{"n":59,"text":"See the Committee’s general comment No. 22 (2016) on the right to sexual and reproductive health, paras. 14, 42, 43 and 60."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0022","docId":"e-c-12-gc-24","idx":22,"n":22,"text":"22. The Committee is particularly concerned that goods and services that are necessary for the enjoyment of basic economic, social and cultural rights may become less affordable as a result of such goods and services being provided by the private sector, or that quality may be sacrificed for the sake of increasing profits. The provision by private actors of goods and services essential for the enjoyment of Covenant rights should not lead the enjoyment of Covenant rights to be made conditional on the ability to pay, which would create new forms of socioeconomic segregation. The privatization of education illustrates such a risk, where private educational institutions lead to high-quality education being made a privilege affordable only to the wealthiest segments of society, or where such institutions are insufficiently regulated, providing a form of education that does not meet minimum educational standards while giving a convenient excuse for States parties not to discharge their own duties towards the fulfilment of the right to education.[[fn:60]] Nor should privatization result in excluding certain groups that historically have been marginalized, such as persons with disabilities. States thus retain at all times the obligation to regulate private actors to ensure that the services they provide are accessible to all, are adequate, are regularly assessed in order to meet the changing needs of the public and are adapted to those needs. Since privatization of the delivery of goods or services essential to the enjoyment of Covenant rights may result in a lack of accountability, measures should be adopted to ensure the right of individuals to participate in assessing the adequacy of the provision of such goods and services.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":60,"text":"See, for example, E/C.12/CHL/CO/4, para. 30; and A/69/402. Of course, important though it is, appropriate regulation of the providers of educational services should respect academic freedom and “the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions” (art. 13 (3) of the Covenant). As regards primary education, States parties must ensure not only that it is affordable, but that it is free, as required by arts. 13 (2) (a) and 14 of the Covenant."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","2. Obligation to protect"]},{"id":"e-c-12-gc-24-0023","docId":"e-c-12-gc-24","idx":23,"n":23,"text":"23. The obligation to fulfil requires States parties to take necessary steps, to the maximum of their available resources, to facilitate and promote the enjoyment of Covenant rights, and, in certain cases, to directly provide goods and services essential to such enjoyment. Discharging such duties may require the mobilization of resources by the State, including by enforcing progressive taxation schemes. It may require seeking business cooperation and support to implement the Covenant rights and comply with other human rights standards and principles.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","3. Obligation to fulfil"]},{"id":"e-c-12-gc-24-0024","docId":"e-c-12-gc-24","idx":24,"n":24,"text":"24. This obligation also requires directing the efforts of business entities towards the fulfilment of Covenant rights. In designing a framework on intellectual property rights, for instance, that is consistent with the Universal Declaration of Human Rights and with the right to enjoy the benefits of scientific progress stipulated in article 15 of the Covenant, States parties should ensure that intellectual property rights do not lead to denial or restriction of everyone’s access to essential medicines necessary for the enjoyment of the right to health,[[fn:61]] or to productive resources such as seeds, access to which is crucial to the right to food and to farmers’ rights.[[fn:62]] States parties should also recognize and protect the right of indigenous peoples to control the intellectual property over their cultural heritage, traditional knowledge and traditional cultural expressions.[[fn:63]] In supporting research and development for new products and services, States parties should aim at the fulfilment of Covenant rights, for instance by supporting the development of universally designed goods, services, equipment and facilities, to advance the inclusion of persons with disabilities.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":61,"text":"See also A/HRC/23/42, para. 3 (recognizing the obligation to provide essential medicines as an immediate obligation for all States parties)."},{"n":62,"text":"See A/64/170, paras. 5 and 7; and the International Treaty on Plant Genetic Resources for Food and Agriculture (resolution 3/2001, adopted on 3 November 2001, FAO Conference, thirty-first session), art. 9."},{"n":63,"text":"See the United Nations Declaration on the Rights of Indigenous Peoples, arts. 24 and 31; and the Committee’s general comment No. 21, para. 37."}],"section":["III. Obligations of States parties under the Covenant","B. Obligations to respect, to protect and to fulfil","3. Obligation to fulfil"],"citedArticles":[{"article":"15","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"The text refers to 'article 15 of the Covenant' in a CESCR general comment where 'the Covenant' unambiguously denotes ICESCR."}]},{"id":"e-c-12-gc-24-0025","docId":"e-c-12-gc-24","idx":25,"n":25,"text":"25. The past thirty years have witnessed a significant increase of activities of transnational corporations, growing investment and trade flows between countries, and the emergence of global supply chains. In addition, major development projects have increasingly involved private investments, often in the form of public-private partnerships between State agencies and foreign private investors. These developments give particular significance to the question of extraterritorial human rights obligations of States.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations"]},{"id":"e-c-12-gc-24-0026","docId":"e-c-12-gc-24","idx":26,"n":26,"text":"26. In its 2011 statement on the obligations of States parties regarding the corporate sector and economic, social and cultural rights, the Committee reiterated that States parties’ obligations under the Covenant did not stop at their territorial borders. States parties were required to take the steps necessary to prevent human rights violations abroad by corporations domiciled in their territory and/or jurisdiction (whether they were incorporated under their laws, or had their statutory seat, central administration or principal place of business on the national territory), without infringing the sovereignty or diminishing the obligations of the host States under the Covenant.[[fn:64]] The Committee has also addressed specific extraterritorial obligations of States parties concerning business activities in its previous general comments relating to the right to water,[[fn:65]] the right to work,[[fn:66]] the right to social security,[[fn:67]] and the right to just and favourable conditions of work,[[fn:68]] as well as in its examination of States’ periodic reports.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":64,"text":"See E/C.12/2011/1, paras. 5 and 6."},{"n":65,"text":"See the Committee’s general comment No. 15, paras. 31 and 33."},{"n":66,"text":"See the Committee’s general comment No. 18, para. 52."},{"n":67,"text":"See the Committee’s general comment No. 19, para. 54."},{"n":68,"text":"See the Committee’s general comment No. 23, para. 70."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations"]},{"id":"e-c-12-gc-24-0027","docId":"e-c-12-gc-24","idx":27,"n":27,"text":"27. Such extraterritorial obligations of States under the Covenant follow from the fact that the obligations of the Covenant are expressed without any restriction linked to territory or jurisdiction. Although article 14 of the Covenant does refer to compulsory primary education having to be provided by a State “in its metropolitan territory or other territories under its jurisdiction”, such a reference is absent from the other provisions of the Covenant. Moreover, article 2 (1) refers to international assistance and cooperation as a means of fulfilling economic, social and cultural rights. It would be contradictory to such a reference to allow a State to remain passive where an actor domiciled in its territory and/or under its jurisdiction, and thus under its control or authority, harmed the rights of others in other States, or where conduct by such an actor may lead to foreseeable harm being caused. Indeed, the Members of the United Nations have pledged “to take joint and separate action in cooperation with the Organization” to achieve the purposes set forth in article 55 of the Charter, including “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”.[[fn:69]] This duty is expressed without any territorial limitation, and should be taken into account when addressing the scope of States’ obligations under human rights treaties. Also in line with the Charter, the International Court of Justice has acknowledged the extraterritorial scope of core human rights treaties, focusing on their object and purpose, their legislative history and the lack of territorial limitation provisions in the text.[[fn:70]] Customary international law also prohibits a State from allowing its territory to be used to cause damage on the territory of another State, a requirement that has gained particular relevance in international environmental law.[[fn:71]] The Human Rights Council has confirmed that such prohibition extends to human rights law, when it endorsed the guiding principles on extreme poverty and human rights, in its resolution 21/11.[[fn:72]]","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":69,"text":"Charter of the United Nations, Article 56."},{"n":70,"text":"Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports (2004), paras. 109-112."},{"n":71,"text":"Trail Smelter case (United States of America v. Canada), Reports of International Arbitral Awards, vol. 3 (1941), p. 1965; International Court of Justice, Corfu Channel case (United Kingdom of Great Britain and Northern Ireland v. Albania) (Merits), I.C.J. Reports, vol. 4 (9 April 1949), para. 22; and International Court of Justice, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports (8 July 1996), para. 29. See also A/61/10, draft principles on the allocation of loss in the case of transboundary harm arising out of hazardous activities, adopted at the fifty-eighth session of the International Law Commission, in 2006 (in particular principle 4, stipulating that “each State should take all necessary measures to ensure that prompt and adequate compensation is available for victims of transboundary damage caused by hazardous activities located within its territory or otherwise under its jurisdiction or control”). The Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights, adopted by a range of academics, research institutes and human rights non-governmental organizations in 2011, provide a restatement of the current state of international human rights law on this topic, contributing to its progressive development."},{"n":72,"text":"Resolution 21/11 endorsed the final draft of the guiding principles on extreme poverty and human rights (see A/HRC/21/39), which provide, in para. 92, that “as part of international cooperation and assistance, States have an obligation to respect and protect the enjoyment of human rights, which involves avoiding conduct that would create a foreseeable risk of impairing the enjoyment of human rights by persons living in poverty beyond their borders, and conducting assessments of the extraterritorial impacts of laws, policies and practices”."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations"],"citedArticles":[{"treaty":"ICESCR","article":"14","source":"regex"},{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"55","source":"regex"}]},{"id":"e-c-12-gc-24-0028","docId":"e-c-12-gc-24","idx":28,"n":28,"text":"28. Extraterritorial obligations arise when a State party may influence situations located outside its territory, consistent with the limits imposed by international law, by controlling the activities of corporations domiciled in its territory and/or under its jurisdiction, and thus may contribute to the effective enjoyment of economic, social and cultural rights outside its national territory.[[fn:73]] In that regard, the Committee also takes note of general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights, of the Committee on the Rights of the Child,[[fn:74]] as well as of the positions adopted by other human rights treaty bodies.[[fn:75]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":73,"text":"See the Committee’s general comment No. 12, para. 36; general comment No. 14, para. 39; or general comment No. 15, paras. 31-33; the Committee’s general comment No. 19, para. 54; general comment No. 20, para. 14; and general comment No. 23, paras. 69 and 70; and E/C.12/2011/1, para. 5."},{"n":74,"text":"See paras. 43 and 44."},{"n":75,"text":"See, for example, CERD/C/NOR/CO/19-20, para. 17; and CCPR/C/DEU/CO/6, para. 16."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations"]},{"id":"e-c-12-gc-24-0029","docId":"e-c-12-gc-24","idx":29,"n":29,"text":"29. The extraterritorial obligation to respect requires States parties to refrain from interfering directly or indirectly with the enjoyment of the Covenant rights by persons outside their territories. As part of that obligation, States parties must ensure that they do not obstruct another State from complying with its obligations under the Covenant.[[fn:76]] This duty is particularly relevant to the negotiation and conclusion of trade and investment agreements or of financial and tax treaties,[[fn:77]] as well as to judicial cooperation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":76,"text":"See the Committee’s general comment No. 8 (1997) on the relationship between economic sanctions and respect for economic, social and cultural rights; and articles on responsibility of States for internationally wrongful acts, art. 50 (countermeasures by a State or group of States in response to an internationally wrongful act by another State may not affect “obligations for the protection of fundamental human rights”)."},{"n":77,"text":"See A/HRC/19/59/Add.5."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","1. Extraterritorial obligation to respect"]},{"id":"e-c-12-gc-24-0030","docId":"e-c-12-gc-24","idx":30,"n":30,"text":"30. The extraterritorial obligation to protect requires States parties to take steps to prevent and redress infringements of Covenant rights that occur outside their territories due to the activities of business entities over which they can exercise control, especially in cases where the remedies available to victims before the domestic courts of the State where the harm occurs are unavailable or ineffective.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0031","docId":"e-c-12-gc-24","idx":31,"n":31,"text":"31. This obligation extends to any business entities over which States parties may exercise control, in accordance with the Charter of the United Nations and applicable international law.[[fn:78]] Consistent with the admissible scope of jurisdiction under general international law, States may seek to regulate corporations that are domiciled in their territory and/or jurisdiction: this includes corporations incorporated under their laws, or which have their statutory seat, central administration or principal place of business on their national territory.[[fn:79]] States parties may also utilize incentives short of the direct imposition of obligations, such as provisions in public contracts favouring business entities that have put in place robust and effective human rights due diligence mechanisms, in order to contribute to the protection of economic, social and cultural rights at home and abroad.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":78,"text":"See, for example, the Committee’s general comment No. 14, para. 39; or general comment No. 15, paras. 31-33. The Maastricht Principles were the subject of explanatory commentaries; see Olivier De Schutter and others, “Commentary to the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights”, Human Rights Quarterly, vol. 34 (2012), pp. 1084-1171."},{"n":79,"text":"See recommendation CM/Rec(2016)3 of the Committee of Ministers of the Council of Europe, appendix, para. 13."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0032","docId":"e-c-12-gc-24","idx":32,"n":32,"text":"32. Whereas States parties would not normally be held directly internationally responsible for a violation of economic, social and cultural rights caused by a private entity’s conduct (except in the three scenarios recalled in para. 11 of the present general comment), a State party would be in breach of its obligations under the Covenant where the violation reveals a failure by the State to take reasonable measures that could have prevented the occurrence of the event. The responsibility of the State can be engaged in such circumstances even if other causes have also contributed to the occurrence of the violation,[[fn:80]] and even if the State had not foreseen that a violation would occur, provided such a violation was reasonably foreseeable.[[fn:81]] For instance, considering the well-documented risks associated with the extractive industry, particular due diligence is required with respect to mining-related projects and oil development projects.[[fn:82]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":80,"text":"International Court of Justice, Case concerning application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) (judgment of 26 February 2007), I.C.J. Reports, paras. 430 and 461."},{"n":81,"text":"Articles on responsibility of States for internationally wrongful acts, art. 23, commentary."},{"n":82,"text":"See A/HRC/8/5/Add.2."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0033","docId":"e-c-12-gc-24","idx":33,"n":33,"text":"33. In discharging their duty to protect, States parties should also require corporations to deploy their best efforts to ensure that entities whose conduct those corporations may influence, such as subsidiaries (including all business entities in which they have invested, whether registered under the State party’s laws or under the laws of another State) or business partners (including suppliers, franchisees and subcontractors), respect Covenant rights. Corporations domiciled in the territory and/or jurisdiction of States parties should be required to act with due diligence to identify, prevent and address abuses to Covenant rights by such subsidiaries and business partners, wherever they may be located.[[fn:83]] The Committee underlines that, although the imposition of such due diligence obligations does have impacts on situations located outside these States’ national territories since potential violations of Covenant rights in global supply chains or in multinational groups of companies should be prevented or addressed, this does not imply the exercise of extraterritorial jurisdiction by the States concerned. Appropriate monitoring and accountability procedures must be put in place to ensure effective prevention and enforcement. Such procedures may include imposing a duty on companies to report on their policies and procedures to ensure respect for human rights, and providing effective means of accountability and redress for abuses of Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":83,"text":"Guiding Principles on Business and Human Rights, principle 13."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0034","docId":"e-c-12-gc-24","idx":34,"n":34,"text":"34. In transnational cases, effective accountability and access to remedy requires international cooperation. The Committee refers in this regard to the recommendation included in the report on accountability and access to remedy for victims of business-related human rights abuse, prepared by the Office of the United Nations High Commissioner for Human Rights at the request of the Human Rights Council,[[fn:84]] that States should “take steps, using the guidance” (annexed to that report) “to improve the effectiveness of cross-border cooperation between State agencies and judicial bodies, with respect to both public and private law enforcement of domestic legal regimes”.[[fn:85]] The use of direct communication between law enforcement agencies for mutual assistance should be encouraged in order to provide for swifter action, particularly in the prosecution of criminal offences.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":84,"text":"See the Council’s resolution 26/22."},{"n":85,"text":"See A/HRC/32/19, paras. 24-28; and the annex to that report, for the guidance to improve corporate accountability and access to judicial remedy for business-related human rights abuse, paras. 9.1-9.7 and 10.1, and paras. 17.1-17.5 (for public law enforcement) and 18.1 and 18.2 (for private law enforcement)."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0035","docId":"e-c-12-gc-24","idx":35,"n":35,"text":"35. Improved international cooperation should reduce the risks of positive and negative conflicts of jurisdiction, which may result in legal uncertainty and in forum-shopping by litigants, or in an inability for victims to obtain redress. The Committee welcomes, in this regard, any efforts at the adoption of international instruments that could strengthen the duty of States to cooperate in order to improve accountability and access to remedies for victims of violations of Covenant rights in transnational cases. Inspiration can be found in instruments such as the International Labour Organization (ILO) Maritime Labour Convention, 2006, in force since 2013, which establishes a system of harmonized national legislation and inspections both by flag States and by port States upon complaints of seafarers on board ship when the ship comes into a foreign port; or in the ILO Domestic Workers Convention, 2011 (No. 189) and the ILO Domestic Workers Recommendation, 2011 (No. 201).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-24-0036","docId":"e-c-12-gc-24","idx":36,"n":36,"text":"36. Article 2 (1) of the Covenant sets out the expectation that States parties will take collective action, including through international cooperation, in order to help fulfil the economic, social and cultural rights of persons outside of their national territories.[[fn:86]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":86,"text":"Olivier De Schutter and others, “Commentary to the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights”."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","3. Extraterritorial obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-24-0037","docId":"e-c-12-gc-24","idx":37,"n":37,"text":"37. Consistent with article 28 of the Universal Declaration of Human Rights,[[fn:87]] this obligation to fulfil requires States parties to contribute to creating an international environment that enables the fulfilment of the Covenant rights. To that end, States parties must take the necessary steps in their legislation and policies, including diplomatic and foreign relations measures, to promote and help create such an environment. States parties should also encourage business actors whose conduct they are in a position to influence to ensure that they do not undermine the efforts of the States in which they operate to fully realize the Covenant rights — for instance by resorting to tax evasion or tax avoidance strategies in the countries concerned. To combat abusive tax practices by transnational corporations, States should combat transfer pricing practices and deepen international tax cooperation, and explore the possibility to tax multinational groups of companies as single firms, with developed countries imposing a minimum corporate income tax rate during a period of transition. Lowering the rates of corporate tax solely with a view to attracting investors encourages a race to the bottom that ultimately undermines the ability of all States to mobilize resources domestically to realize Covenant rights. As such, this practice is inconsistent with the duties of the States parties to the Covenant. Providing excessive protection for bank secrecy and permissive rules on corporate tax may affect the ability of States where economic activities are taking place to meet their obligation to mobilize the maximum available resources for the implementation of economic, social and cultural rights.[[fn:88]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":87,"text":"See General Assembly resolution 217 (III) A."},{"n":88,"text":"See E/C.12/GBR/CO/6, paras. 16 and 17; and CEDAW/C/CHE/CO/4-5, para. 41."}],"section":["III. Obligations of States parties under the Covenant","C. Extraterritorial obligations","3. Extraterritorial obligation to fulfil"],"citedArticles":[{"article":"28","treaty":"?","confidence":"high","source":"opus","rationale":"'article 28 of the Universal Declaration of Human Rights'; UDHR is non-treaty."}]},{"id":"e-c-12-gc-24-0038","docId":"e-c-12-gc-24","idx":38,"n":38,"text":"38. In discharging their duty to protect, States parties should both create appropriate regulatory and policy frameworks and enforce such frameworks. Therefore, effective monitoring, investigation and accountability mechanisms must be put in place to ensure accountability and access to remedies, preferably judicial remedies, for those whose Covenant rights have been violated in the context of business activities. States parties should inform individuals and groups of their rights and the remedies accessible to them pertaining to the Covenant rights in the context of business activities, ensuring specifically that information and guidance, including human rights impact assessments, are accessible to indigenous peoples.[[fn:89]] They also should provide businesses with relevant information, training and support, ensuring that they are made aware of the duties of the State under the Covenant.[[fn:90]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":89,"text":"See the United Nations Declaration on the Rights of Indigenous Peoples, art. 14; A Business Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, pp. 30 and 31; and A/68/279, para. 56 (d)."},{"n":90,"text":"Guiding Principles on Business and Human Rights, principle 8."}],"section":["IV. Remedies"]},{"id":"e-c-12-gc-24-0039","docId":"e-c-12-gc-24","idx":39,"n":39,"text":"39. States parties must provide appropriate means of redress to aggrieved individuals or groups and ensure corporate accountability.[[fn:91]] This should preferably take the form of ensuring access to independent and impartial judicial bodies: the Committee has underlined that “other means [of ensuring accountability] used could be rendered ineffective if they are not reinforced or complemented by judicial remedies”.[[fn:92]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":91,"text":"See the Committee’s general comment No. 9 (1998) on the domestic application of the Covenant, para. 2."},{"n":92,"text":"Ibid., para. 3. See also I.D.G. v. Spain, paras. 14 and 15."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0040","docId":"e-c-12-gc-24","idx":40,"n":40,"text":"40. The guidelines on remedies for victims of gross violations of international human rights law and serious violations of international humanitarian law[[fn:93]] provide useful indications as to the obligations that follow for States from the general obligation to provide access to effective remedies. In particular, States should: take all measures necessary to prevent rights violations; where such preventative measures fail, thoroughly investigate violations and take appropriate actions against alleged offenders; provide victims with effective access to justice, irrespective of who may ultimately be the bearer of responsibility for the violation; and provide effective remedies to victims, including reparation.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":93,"text":"See General Assembly resolution 60/147, for the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law), art. 3 (a)-(d)."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0041","docId":"e-c-12-gc-24","idx":41,"n":41,"text":"41. It is imperative for the full realization of the Covenant rights that remedies be available, effective and expeditious. This requires that victims seeking redress must have prompt access to an independent public authority, which must have the power to determine whether a violation has taken place and to order cessation of the violation and reparation to redress the harm done. Reparation can be in the form of restitution, compensation, rehabilitation, satisfaction, and guarantee of non-repetition,[[fn:94]] and must take the views of those affected into account. To ensure non-repetition, an effective remedy may require improvements to legislation and policies that have proven ineffective in preventing the abuses.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":94,"text":"Ibid., part IX, “Reparation for harm suffered”."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0042","docId":"e-c-12-gc-24","idx":42,"n":42,"text":"42. Because of how corporate groups are organized, business entities routinely escape liability by hiding behind the so-called corporate veil, as the parent company seeks to avoid liability for the acts of the subsidiary even when it would have been in a position to influence its conduct. Other barriers to effective access to remedies for victims of human rights violations by business entities include the difficulty of accessing information and evidence to substantiate claims, much of which is often in the hands of the corporate defendant; the unavailability of collective redress mechanisms where violations are widespread and diffuse; and the lack of legal aid and other funding arrangements to make claims financially viable.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0043","docId":"e-c-12-gc-24","idx":43,"n":43,"text":"43. Victims of transnational corporate abuses face specific obstacles in accessing effective remedies. In addition to the difficulty of proving the damage or establishing the causal link between the conduct of the defendant corporation located in one jurisdiction and the resulting violation in another, transnational litigation is often prohibitively expensive and time-consuming, and in the absence of strong mechanisms for mutual legal assistance, the collection of evidence and the execution in one State of judgments delivered in another State present specific challenges. In some jurisdictions, the forum non conveniens doctrine, according to which a court may decline to exercise jurisdiction if another forum is available to victims, may in effect constitute a barrier to the ability of victims residing in one State to seek redress before the courts of the State where the defendant business is domiciled. Practice shows that claims are often dismissed under this doctrine in favour of another jurisdiction without necessarily ensuring that victims have access to effective remedies in the alternative jurisdiction.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0044","docId":"e-c-12-gc-24","idx":44,"n":44,"text":"44. States parties have the duty to take necessary steps to address these challenges in order to prevent a denial of justice and ensure the right to effective remedy and reparation. This requires States parties to remove substantive, procedural and practical barriers to remedies, including by establishing parent company or group liability regimes, providing legal aid and other funding schemes to claimants, enabling human rights-related class actions and public interest litigation, facilitating access to relevant information and the collection of evidence abroad, including witness testimony, and allowing such evidence to be presented in judicial proceedings. The extent to which an effective remedy is available and realistic in the alternative jurisdiction should be an overriding consideration in judicial decisions relying on forum non conveniens considerations.[[fn:95]] The introduction by corporations of actions to discourage individuals or groups from exercising remedies, for instance by alleging damage to a corporation’s reputation, should not be abused to create a chilling effect on the legitimate exercise of such remedies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":95,"text":"See also recommendation CM/Rec(2016)3 of the Committee of Ministers of the Council of Europe, appendix, para. 34."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0045","docId":"e-c-12-gc-24","idx":45,"n":45,"text":"45. States parties should facilitate access to relevant information through mandatory disclosure laws and by introducing procedural rules allowing victims to obtain the disclosure of evidence held by the defendant. Shifting the burden of proof may be justified where the facts and events relevant for resolving a claim lie wholly or in part within the exclusive knowledge of the corporate defendant.[[fn:96]] The conditions under which the protection of trade secrets and other grounds for refusing disclosure may be invoked should be defined restrictively, without jeopardizing the right of all parties to a fair trial. Furthermore, States parties and their judicial and enforcement agencies have a duty to cooperate with one another in order to promote information-sharing and transparency and prevent the denial of justice.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":96,"text":"As already noted by the Committee in the specific context of actions alleging discrimination: see the Committee’s general comment No. 20, para. 40. See also A/HRC/32/19, annex, para. 12.5 (in relation to civil cases) and para. 1.7 (in relation to criminal and quasi-criminal cases)."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0046","docId":"e-c-12-gc-24","idx":46,"n":46,"text":"46. States parties should ensure that indigenous peoples have access to effective remedies, both judicial and non-judicial, for all infringements of their individual and collective rights. These remedies should be sensitive to indigenous cultures and accessible to indigenous peoples.[[fn:97]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":97,"text":"See A/68/279, paras. 50-53; and A Business Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, p. 81."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0047","docId":"e-c-12-gc-24","idx":47,"n":47,"text":"47. The Committee recalls that all government branches and agencies of States parties, including the judiciary and law enforcement agencies, are bound by the obligations under the Covenant. States parties should ensure that the judiciary, in particular judges and lawyers, are well informed of the obligations under the Covenant linked to business activities, and that they can exercise their functions in complete independence.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0048","docId":"e-c-12-gc-24","idx":48,"n":48,"text":"48. Finally, the Committee draws the attention of States parties to the challenges facing human rights defenders.[[fn:98]] The Committee has regularly come across accounts of threats and attacks aimed at those seeking to protect their own or others’ Covenant rights, particularly in the context of extractive and development projects.[[fn:99]] In addition, trade union leaders, leaders of peasant movements, indigenous leaders and anti-corruption activists are often subject to the risk of harassment. States parties should take all measures necessary to protect human rights advocates and their work. They should refrain from resorting to criminal prosecution to hinder their work, or from otherwise obstructing their work.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":98,"text":"See E/C.12/2016/2 for the Committee’s statement on human rights defenders and economic, social and cultural rights. See also Human Rights Council resolution 31/32; and General Assembly resolution 53/144, for the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms."},{"n":99,"text":"See, for example, E/C.12/VNM/CO/2-4, para. 11; E/C.12/1/Add.44, para. 19; E/C.12/IND/CO/5, paras. 12 and 50; E/C.12/PHL/CO/4, para. 15; E/C.12/COD/CO/4, para. 12; E/C.12/LKA/CO/2-4, para. 10; and E/C.12/IDN/CO/1, para. 28."}],"section":["IV. Remedies","A. General principles"]},{"id":"e-c-12-gc-24-0049","docId":"e-c-12-gc-24","idx":49,"n":49,"text":"49. Ensuring corporate accountability for violations of Covenant rights requires reliance on various tools. The most serious violations of the Covenant should give rise to criminal liability of corporations and/or of the individuals responsible. Prosecuting authorities may have to be made aware of their role in upholding Covenant rights. Victims of violations of Covenant rights should have access to reparations where Covenant rights are at stake and whether or not criminal liability is engaged.[[fn:100]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":100,"text":"See A/HRC/32/19, annex, for the guidance to improve corporate accountability and access to judicial remedy for business-related human rights abuse (see, in particular, policy objectives 4-8 of the guidance), as well as the Corporate Crimes Principles, developed in October 2016 by the Independent Commission of Experts established by the International Corporate Accountability Roundtable and Amnesty International."}],"section":["IV. Remedies","B. Types of remedies"]},{"id":"e-c-12-gc-24-0050","docId":"e-c-12-gc-24","idx":50,"n":50,"text":"50. States parties should also consider the use of administrative sanctions to discourage conduct by business entities that leads, or may lead, to violations of the rights under the Covenant. For instance, in their public procurement regimes, States could deny the awarding of public contracts to companies that have not provided information on the social or environmental impacts of their activities or that have not put in place measures to ensure that they act with due diligence to avoid or mitigate any negative impacts on the rights under the Covenant. Access to export credit and other forms of State support may also be denied in such circumstances, and in transnational contexts, investment treaties may deny protection to foreign investors of the other party that have engaged in conduct leading to a violation of Covenant rights.[[fn:101]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":101,"text":"See, for example, International Centre for Settlement of Investment Disputes case No. ARB/07/26, Urbaser S.A. and others v. Argentina (award of 8 December 2016), paras. 1194 and 1195."}],"section":["IV. Remedies","B. Types of remedies"]},{"id":"e-c-12-gc-24-0051","docId":"e-c-12-gc-24","idx":51,"n":51,"text":"51. Violations of Covenant rights will often be remedied by an individual claim against the State, whether on the basis of the Covenant itself or on the basis of domestic constitutional or legislative provisions that incorporate the guarantees of the Covenant. However, where the violation is directly attributable to a business entity, victims should be able to sue such an entity either directly on the basis of the Covenant in jurisdictions which consider that the Covenant imposes self-executing obligations on private actors, or on the basis of domestic legislation incorporating the Covenant in the national legal order. In this regard, civil remedies play an important role in ensuring access to justice for victims of violations of Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","B. Types of remedies","1. Judicial remedies"]},{"id":"e-c-12-gc-24-0052","docId":"e-c-12-gc-24","idx":52,"n":52,"text":"52. Effective access to justice for indigenous peoples may require States parties to recognize the customary laws, traditions and practices of indigenous peoples and customary ownership over their lands and natural resources in judicial proceedings.[[fn:102]] States parties should also ensure the use of indigenous languages and/or interpreters in courts and the availability of legal services and information on remedies in indigenous languages,[[fn:103]] as well as providing training to court officials on indigenous history, legal traditions and customs.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":102,"text":"See A/68/279, para. 34; and Committee on the Elimination of Racial Discrimination, general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, para. 5 (e)."},{"n":103,"text":"A Business Reference Guide: United Nations Declaration on the Rights of Indigenous Peoples, p. 47; and Committee on the Elimination of Racial Discrimination, general recommendation No. 31, para. 30."}],"section":["IV. Remedies","B. Types of remedies","1. Judicial remedies"]},{"id":"e-c-12-gc-24-0053","docId":"e-c-12-gc-24","idx":53,"n":53,"text":"53. While they generally should not be seen as a substitute for judicial mechanisms (which often remain indispensable for effective protection against certain violations of Covenant rights), non-judicial remedies may contribute to providing effective remedy to victims whose Covenant rights have been violated by business actors and ensuring accountability for such violations. These alternative mechanisms should be adequately coordinated with available judicial mechanisms, both in relation to the sanction and to the compensation for victims.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","B. Types of remedies","2. Non-judicial remedies"]},{"id":"e-c-12-gc-24-0054","docId":"e-c-12-gc-24","idx":54,"n":54,"text":"54. States parties should make use of a wide range of administrative and quasi-judicial mechanisms, many of which already regulate and adjudicate aspects of business activity in many States parties, such as labour inspectorates and tribunals, consumer and environmental protection agencies and financial supervision authorities. States parties should explore options for extending the mandate of these bodies or creating new ones, with the capacity to receive and resolve complaints of alleged corporate abuse of certain Covenant rights, to investigate allegations, to impose sanctions and to provide for and enforce reparations for the victims. National human rights institutions should be encouraged to establish appropriate structures within their organizations in order to monitor States’ obligations with regard to business and human rights, and they could be empowered to receive claims from victims of corporate conduct.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","B. Types of remedies","2. Non-judicial remedies"]},{"id":"e-c-12-gc-24-0055","docId":"e-c-12-gc-24","idx":55,"n":55,"text":"55. State-based non-judicial mechanisms should provide effective protection for victims’ rights. Where such alternative non-judicial mechanisms are established, they should also possess a number of characteristics ensuring that they are credible and can contribute effectively to the prevention of and reparation for violations;[[fn:104]] their decisions should be enforceable, and such mechanisms should be accessible to all.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":104,"text":"See Guiding Principles on Business and Human Rights, principle 31."}],"section":["IV. Remedies","B. Types of remedies","2. Non-judicial remedies"]},{"id":"e-c-12-gc-24-0056","docId":"e-c-12-gc-24","idx":56,"n":56,"text":"56. Non-judicial mechanisms for indigenous victims should be developed with the indigenous peoples concerned through their own representative institutions. As with judicial remedies, States parties should address barriers to indigenous peoples accessing the mechanism, including language barriers.[[fn:105]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":105,"text":"See A/68/279, para. 36."}],"section":["IV. Remedies","B. Types of remedies","2. Non-judicial remedies"]},{"id":"e-c-12-gc-24-0057","docId":"e-c-12-gc-24","idx":57,"n":57,"text":"57. Furthermore, non-judicial remedies should also be available in transnational settings. Examples include access by victims located outside the State’s territory to that State’s human rights institutions or ombudspersons as well as to complaints mechanisms established under international organizations, such as the national contact points operating under the OECD Guidelines for Multinational Enterprises.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["IV. Remedies","B. Types of remedies","2. Non-judicial remedies"]},{"id":"e-c-12-gc-24-0058","docId":"e-c-12-gc-24","idx":58,"n":58,"text":"58. Ensuring that business activities are pursued in line with the requirements of the Covenant requires an ongoing effort from States parties. To support this, the national action plans or strategies that States parties are expected to adopt to ensure full realization of the Covenant rights should specifically address the question of the role of business entities in the progressive realization of Covenant rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"section":["V. Implementation"]},{"id":"e-c-12-gc-24-0059","docId":"e-c-12-gc-24","idx":59,"n":59,"text":"59. Following the adoption of the Guiding Principles on Business and Human Rights, many States or regional organizations have adopted action plans on business and human rights.[[fn:106]] This is a welcome development, particularly if such action plans set specific and concrete targets, allocate responsibilities across actors, and define the time frame and necessary means for their adoption. Action plans on business and human rights should incorporate human rights principles, including effective and meaningful participation, non-discrimination and gender equality, and accountability and transparency. Progress in implementing such action plans should be monitored, and such plans should place equal emphasis on all categories of human rights, including economic, social and cultural rights. As regards the requirement of participation in the design of such plans, the Committee recalls the fundamental role that national human rights institutions and civil society organizations can and should play in achieving the full realization of Covenant rights in the context of business activities.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2017,"footnotes":[{"n":106,"text":"See recommendation CM/Rec(2016)3 of the Committee of Ministers of the Council of Europe, appendix, paras. 10-12."}],"section":["V. Implementation"]},{"id":"e-c-12-gc-25-0001","docId":"e-c-12-gc-25","idx":1,"n":1,"text":"1. The intense and rapid development of science and technology has had many benefits for the enjoyment of economic, social and cultural rights. At the same time, the risks – and the unequal distribution of these benefits and risks – have prompted a rich and growing discussion on the relationship between science and economic, social and cultural rights. Several important documents have been issued on this subject, such as the Venice Statement on the Right to Enjoy the Benefits of Scientific Progress and its Applications, adopted in 2009, the Universal Declaration on Bioethics and Human Rights, adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2005, the Recommendation on Science and Scientific Researchers, adopted by UNESCO in 2017, the report of the Special Rapporteur in the field of cultural rights on the right to enjoy the benefits of scientific progress and its applications (A/HRC/20/26) and the Committee’s general comment No. 17 (2005) on the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author. Indeed, UNESCO, declarations made at international conferences and summits,[[fn:1]] the Special Rapporteur on cultural rights, and eminent scientific organizations and publications[[fn:2]] have upheld the “human right to science”, referring to all the rights, entitlements and obligations related to science.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":1,"text":"See, for example, the declaration from the XXVI Ibero-American Summit of Heads of State and Government, available (in Spanish) at www.segib.org/wp-content/uploads/00.1.-DECLARACION-DE-LA-XXVI-CUMBRE-GUATEMALA_VF_E.pdf."},{"n":2,"text":"See, for example, Jessica M. Wyndham and Margaret Weigers Vitullo, “Define the human right to science” Science, Vol. 362, No. 6418 (November 2018)."}],"section":["I. Introduction and basic premises"]},{"id":"e-c-12-gc-25-0002","docId":"e-c-12-gc-25","idx":2,"n":2,"text":"2. In spite of these developments, science is one of the areas of the Covenant to which States parties give least attention in their reports and dialogues with the Committee. This has led the Committee, after a wide consultative process, to develop this general comment on the relationship between science and economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["I. Introduction and basic premises"]},{"id":"e-c-12-gc-25-0003","docId":"e-c-12-gc-25","idx":3,"n":3,"text":"3. The Committee focuses primarily on the Covenant right of everyone to enjoy the benefits of scientific progress and its applications (art. 15 (1) (b)), as it is the right most frequently invoked in relation to science. However, the purpose of this general comment is not confined to this right, but is also to develop the relationship more broadly between science and economic, social and cultural rights. The Committee also examines the other elements of article 15 related to science, especially the obligations of States parties to take steps for the conservation, the development and the diffusion of science (art. 15 (2)), to respect the freedom indispensable for scientific research (art. 15 (3)) and to promote international contacts and cooperation in the scientific field (art. 15 (4)). The Committee also highlights the relevance of article 27 of the Universal Declaration of Human Rights for this analysis.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["I. Introduction and basic premises"],"citedArticles":[{"article":"15","paragraph":"1","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'the Covenant right of everyone to enjoy the benefits of scientific progress and its applications (art. 15 (1) (b))'; ICESCR art.15."},{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'other elements of article 15' of the Covenant (ICESCR) in CESCR GC25."},{"article":"15","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'(art. 15 (2))' Covenant provision on conservation/development/diffusion of science; ICESCR."},{"article":"15","paragraph":"3","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'(art. 15 (3))' Covenant on freedom indispensable for scientific research; ICESCR."},{"article":"15","paragraph":"4","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'(art. 15 (4))' Covenant on international scientific cooperation; ICESCR."},{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27 of the Universal Declaration of Human Rights'; UDHR is non-treaty."}]},{"id":"e-c-12-gc-25-0004","docId":"e-c-12-gc-25","idx":4,"n":4,"text":"4. According to the definition used by UNESCO in its Recommendation on Science and Scientific Researchers, the word “science” signifies the enterprise whereby humankind, acting individually or in small or large groups, makes an organized attempt, by means of the objective study of observed phenomena and its validation through sharing of findings and data and through peer review, to discover and master the chain of causalities, relations or interactions; brings together in a coordinated form subsystems of knowledge by means of systematic reflection and conceptualization; and thereby furnishes itself with the opportunity of using, to its own advantage, understanding of the processes and phenomena occurring in nature and society (para. 1 (a) (i)).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Scientific progress and its applications"]},{"id":"e-c-12-gc-25-0005","docId":"e-c-12-gc-25","idx":5,"n":5,"text":"5. Thus, science, which encompasses natural and social sciences, refers both to a process following a certain methodology (“doing science”) and to the results of this process (knowledge and applications). Although protection and promotion as a cultural right may be claimed for other forms of knowledge, knowledge should be considered as science only if it is based on critical inquiry and is open to falsifiability and testability. Knowledge which is based solely on tradition, revelation or authority, without the possible contrast with reason and experience, or which is immune to any falsifiability or intersubjective verification, cannot be considered science.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Scientific progress and its applications"]},{"id":"e-c-12-gc-25-0006","docId":"e-c-12-gc-25","idx":6,"n":6,"text":"6. The Universal Declaration of Human Rights refers to “scientific advancement” and the Covenant refers to “scientific progress”; these expressions emphasize the capacity of science to contribute to the well-being of persons and humankind. Thus, the development of science in the service of peace and human rights should be prioritized by States over other uses.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Scientific progress and its applications"]},{"id":"e-c-12-gc-25-0007","docId":"e-c-12-gc-25","idx":7,"n":7,"text":"7. Applications refer to the particular implementation of science to the specific concerns and needs of the population. Applied science also includes the technology deriving from scientific knowledge, such as the medical applications, the industrial or agricultural applications, or information and communications technology.[[fn:3]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":3,"text":"Technology, according to the Recommendation on Science and Scientific Researchers, “signifies such knowledge as relates directly to the production or improvement of goods or services” (para. 1 (b))."}],"section":["II. Normative content","Scientific progress and its applications"]},{"id":"e-c-12-gc-25-0008","docId":"e-c-12-gc-25","idx":8,"n":8,"text":"8. The term “benefits” refers first to the material results of the applications of scientific research, such as vaccinations, fertilizers, technological instruments and the like. Secondly, benefits refer to the scientific knowledge and information directly deriving from scientific activity, as science provides benefits through the development and dissemination of the knowledge itself. Lastly, benefits refer also to the role of science in forming critical and responsible citizens who are able to participate fully in a democratic society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Enjoy the benefits"]},{"id":"e-c-12-gc-25-0009","docId":"e-c-12-gc-25","idx":9,"n":9,"text":"9. The right to enjoy the benefits of scientific progress cannot be interpreted as establishing a rigid distinction between the scientist who produces science and the general population, entitled only to enjoy the benefits derived from research conducted by scientists. This restrictive interpretation is contrary to a systematic and teleological interpretation of this right, which takes into account the context, the object and the purpose of this provision, in accordance with article 31 of the Vienna Convention on the Law of Treaties.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"31","source":"regex"}]},{"id":"e-c-12-gc-25-0010","docId":"e-c-12-gc-25","idx":10,"n":10,"text":"10. Culture is an inclusive concept encompassing all manifestations of human existence.[[fn:4]] Cultural life is therefore larger than science, as it includes other aspects of human existence; it is, however, reasonable to include scientific activity in cultural life. Thus, the right of everyone to take part in cultural life includes the right of every person to take part in scientific progress and in decisions concerning its direction. This interpretation is also implied by the principles of participation and inclusiveness underlying the Covenant and by the expression, “to enjoy the benefits of scientific progress”. Such benefits are not restricted to the material benefits or products of scientific advancement, but include the development of the critical mind and faculties associated with doing science. This understanding is corroborated by the travaux préparatoires on the drafting of article 15 of the Covenant, which demonstrate that the article was intended to develop article 27 of the Universal Declaration of Human Rights,[[fn:5]] which recognizes not only a right to benefit from the applications of science but also to participate in scientific advancement.[[fn:6]] The Universal Declaration of Human Rights is relevant to establish the scope of all the rights enshrined in the Covenant, not only because the preamble to the Covenant refers explicitly to the Universal Declaration of Human Rights, but also because both instruments represent international endeavours to give legal force to the rights in the Universal Declaration of Human Rights through the adoption of binding treaties. Thus, doing science does not only concern scientific professionals but also includes “citizen science” (ordinary people doing science) and the dissemination of scientific knowledge. States parties should not only refrain from preventing citizen participation in scientific activities, but should actively facilitate it.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":4,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009) on the right of everyone to take part in cultural life, para. 11."},{"n":5,"text":"See Ben Saul, The International Covenant on Economic, Social and Cultural Rights: Travaux Préparatoires, Volume I (Oxford, Oxford University Press, 2016)."},{"n":6,"text":"The English version refers to the right to “share”, but the expressions “participer”, “participar” and “участвовать” appear respectively in the French, Spanish and Russian versions, which are also official texts of the Universal Declaration of Human Rights and which refer to the right of all persons to participate in scientific advancement and in the benefits derived from it."}],"section":["II. Normative content","Take part in cultural life"],"citedArticles":[{"article":"15","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 15 of the Covenant' in CESCR GC25; 'the Covenant' is ICESCR."},{"article":"27","treaty":"?","confidence":"high","source":"opus","rationale":"'article 27 of the Universal Declaration of Human Rights'; UDHR is non-treaty."}]},{"id":"e-c-12-gc-25-0011","docId":"e-c-12-gc-25","idx":11,"n":11,"text":"11. The right enshrined in article 15 (1) (b) encompasses not only a right to receive the benefits of the applications of scientific progress, but also a right to participate in scientific progress. Thus, it is the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Take part in cultural life"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-25-0012","docId":"e-c-12-gc-25","idx":12,"n":12,"text":"12. The Committee already examined this right in 2005 in its general comment No. 17, in which it stressed the difference between this human right, which protects creators of scientific discoveries, and “most legal entitlements recognized in intellectual property systems” (para. 1). It is unnecessary to repeat this analysis here. Nevertheless, the specific relationship between intellectual property rights and the right to participate in and to enjoy the benefits of scientific progress and its applications is addressed in section V.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author"]},{"id":"e-c-12-gc-25-0013","docId":"e-c-12-gc-25","idx":13,"n":13,"text":"13. In order to flourish and develop, science requires the robust protection of freedom of research. The Covenant establishes a specific duty for States to “respect the freedom indispensable for scientific research” (art. 15 (3)). This freedom includes, at the least, the following dimensions: protection of researchers from undue influence on their independent judgment; the possibility for researchers to set up autonomous research institutions and to define the aims and objectives of the research and the methods to be adopted; the freedom of researchers to freely and openly question the ethical value of certain projects and the right to withdraw from those projects if their conscience so dictates; the freedom of researchers to cooperate with other researchers, both nationally and internationally; and the sharing of scientific data and analysis with policymakers, and with the public wherever possible.[[fn:7]] Nevertheless, freedom of scientific research is not absolute; some limitations are possible, as described in section III below.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":7,"text":"Recommendation on Science and Scientific Researchers, para. 16 (a) (v)."}],"section":["II. Normative content","The freedom indispensable for scientific research and creative activity"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"3","source":"regex"}]},{"id":"e-c-12-gc-25-0014","docId":"e-c-12-gc-25","idx":14,"n":14,"text":"14. States parties should not only abstain from interfering in the freedom of individuals and institutions to develop science and diffuse its results. States must take positive steps for the advancement of science (development) and for the protection and dissemination of scientific knowledge and its applications (conservation and diffusion).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["II. Normative content","Take steps for the conservation, the development and the diffusion of science"]},{"id":"e-c-12-gc-25-0015","docId":"e-c-12-gc-25","idx":15,"n":15,"text":"15. The right to participate in and to enjoy the benefits of scientific progress and its applications contains both freedoms and entitlements. Freedoms include the right to participate in scientific progress and enjoy the freedom indispensable for scientific research. Entitlements include the right to enjoy, without discrimination, the benefits of scientific progress. These freedoms and entitlements imply not only negative, but also positive obligations for States. Furthermore, this right contains the following five interrelated and essential elements.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations"]},{"id":"e-c-12-gc-25-0016","docId":"e-c-12-gc-25","idx":16,"n":16,"text":"16. Availability is linked to the obligation of States parties to take steps for the conservation, the development and the diffusion of science. Thus, availability means that scientific progress is actually taking place, and that scientific knowledge and its applications are protected and widely disseminated. States parties should direct their own resources and coordinate actions of others to ensure that scientific progress happens and that its applications and benefits are distributed and are available, especially to vulnerable and marginalized groups. This requires, inter alia, instruments for the diffusion of science (libraries, museums, Internet networks, etc.), a strong research infrastructure with adequate resources, and adequate financing of scientific education. In particular, States should promote open science and open source publication of research. Research findings and research data funded by States should be accessible to the public.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","A. Elements of the right"]},{"id":"e-c-12-gc-25-0017","docId":"e-c-12-gc-25","idx":17,"n":17,"text":"17. Accessibility means that scientific progress and its applications should be accessible for all persons, without discrimination. It has three dimensions: first, States parties should ensure that everyone has equal access to the applications of science, particularly when they are instrumental for the enjoyment of other economic, social and cultural rights. Second, information concerning the risks and benefits of science and technology should be accessible without discrimination. Third, everyone should have the open opportunity to participate in scientific progress, without discrimination. Thus, States parties should remove discriminatory barriers that impede persons from participating in scientific progress, for instance, by facilitating the access of marginalized populations to scientific education.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","A. Elements of the right"]},{"id":"e-c-12-gc-25-0018","docId":"e-c-12-gc-25","idx":18,"n":18,"text":"18. Quality refers to the most advanced, up-to-date and generally accepted and verifiable science available at the time, according to the standards generally accepted by the scientific community. This element applies both to the process of scientific creation and to access to the applications and benefits of science. Quality also includes regulation and certification, as necessary, to ensure the responsible and ethical development and application of science. States should rely on widely accepted scientific knowledge, in dialogue with the scientific community, to regulate and certify the circulation of new scientific applications accessible to the public.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","A. Elements of the right"]},{"id":"e-c-12-gc-25-0019","docId":"e-c-12-gc-25","idx":19,"n":19,"text":"19. Acceptability implies that efforts should be made to ensure that science is explained and its applications are disseminated in such a manner as to facilitate their acceptance in different cultural and social contexts, provided that this does not affect their integrity and quality. Scientific education and the products of science should be tailored to the particularities of populations with special needs, such as persons with disabilities. Acceptability implies also that scientific research has to incorporate ethical standards in order to ensure its integrity and the respect of human dignity, such as the standards proposed in the Universal Declaration on Bioethics and Human Rights. Some of these standards are that the benefits to research participants and other affected individuals should be maximized and any possible harm minimized with reasonable protection and safeguards; the autonomy and free and informed consent of participants should be guaranteed; privacy and confidentiality should be respected; vulnerable groups or persons should be especially protected in order to avoid any discrimination; and cultural diversity and pluralism should be given due regard.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","A. Elements of the right"]},{"id":"e-c-12-gc-25-0020","docId":"e-c-12-gc-25","idx":20,"n":20,"text":"20. As explained in paragraph 13 above, the protection of freedom of scientific research is also an element of the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","A. Elements of the right"]},{"id":"e-c-12-gc-25-0021","docId":"e-c-12-gc-25","idx":21,"n":21,"text":"21. Some limitations on the right to participate in and to enjoy the benefits of scientific progress and its applications might be necessary, as science and its applications can, in certain contexts, affect economic, social and cultural rights. Nevertheless, limitations on the right must respect the requirements of article 4 of the Covenant: first, limitations have to be determined by law; second, they must promote “the general welfare in a democratic society”; and third, any restriction must be compatible with the nature of the right restricted. As understood by the Committee, this implies that limitations must respect the minimum core obligations of the right, and must be proportionate to the aim pursued. This means that where there are several means reasonably capable of achieving the legitimate aim of the limitation, the one that is least restrictive to economic, social and cultural rights must be selected,[[fn:8]] and the burdens imposed on the enjoyment of the right should not outweigh the benefits of the limitation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":8,"text":"General comment No. 21, para. 19."}],"section":["III. Elements of the right and limitations","B. Limitations"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0022","docId":"e-c-12-gc-25","idx":22,"n":22,"text":"22. Limitations on the applications of science and technology can be used to guarantee the safety and quality of products used by persons. Human rights impact assessments might be necessary to protect persons against risky applications. Limitations on the research process can also be necessary, particularly when the research affects human beings in order to protect their dignity, their integrity and their consent when involved in the research. When the research is done in countries or among populations different to those of the researchers, the State of origin must guarantee the rights and obligations of all parties involved. Nevertheless, any limitation on the content of scientific research implies a strict burden of justification by States, in order to avoid infringing freedom of research.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["III. Elements of the right and limitations","B. Limitations"]},{"id":"e-c-12-gc-25-0023","docId":"e-c-12-gc-25","idx":23,"n":23,"text":"23. States parties must take steps, to the maximum of their available resources, for the full realization of the right to participate in and to enjoy the benefits of scientific progress and its applications. While full realization of the right may be achieved progressively, steps towards it must be taken immediately or within a reasonably short period of time. Such steps should be deliberate, concrete and targeted, using all appropriate means, including the adoption of legislative and budgetary measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","A. General obligations"]},{"id":"e-c-12-gc-25-0024","docId":"e-c-12-gc-25","idx":24,"n":24,"text":"24. As with all other rights in the Covenant, there is a strong presumption that retrogressive measures taken in relation to the right to participate in and to enjoy the benefits of scientific progress and its applications are not permissible.[[fn:9]] Examples of retrogressive measures include the removal of programmes or policies necessary for the conservation, the development and the diffusion of science; the imposition of barriers to education and information on science; the imposition of barriers to citizen participation in scientific activities, including misinformation intended to erode citizen understanding and respect for science and scientific research; and the adoption of legal and policy changes that reduce the extent of international collaboration on science. In the exceptional circumstances under which retrogressive measures may be inevitable, States must ensure that such measures are necessary and proportionate. The measures should remain in place only insofar as they are necessary; mitigate inequalities that can grow in times of crisis and ensure that the rights of disadvantaged and marginalized individuals and groups are not disproportionately affected; and guarantee the minimum core obligations (see E/C.12/2016/1).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":9,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right to the highest attainable standard of health, para. 32."}],"section":["IV. Obligations","A. General obligations"]},{"id":"e-c-12-gc-25-0025","docId":"e-c-12-gc-25","idx":25,"n":25,"text":"25. States parties are under an immediate obligation to eliminate all forms of discrimination against individuals and groups in their enjoyment of economic, social and cultural rights. This duty is of particular importance in relation to the right to participate in and to enjoy the benefits of scientific progress and its applications because deep inequalities persist in the enjoyment of this right. States must adopt the measures necessary to eliminate conditions and combat attitudes that perpetuate inequality and discrimination in order to enable all individuals and groups to enjoy this right without discrimination, including on the grounds of religion, national origin, sex, sexual orientation and gender identity, race and ethnic identity, disability, poverty and any other relevant status.","labels":["Women/girls","Persons living in poverty","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","A. General obligations"]},{"id":"e-c-12-gc-25-0026","docId":"e-c-12-gc-25","idx":26,"n":26,"text":"26. The duty to eliminate discrimination is a cross-cutting obligation that States should take into account when fulfilling all other obligations. For instance, the duty of States to take steps for the development and the diffusion of science (art. 15 (2)) includes the obligation to make all necessary efforts to overcome persistent inequalities in scientific advancement through culturally and gender-appropriate means of education and communication, with the aim of encouraging the widest participation in scientific progress of those populations that have traditionally been excluded from such progress.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","A. General obligations"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-25-0027","docId":"e-c-12-gc-25","idx":27,"n":27,"text":"27. The duty to combat discrimination on those grounds has implications for the design and implementation of all policies related to the right to participate in and to enjoy the benefits of scientific progress and its applications. For instance, States have to carefully design and implement quality scientific education programmes in order to allow all persons equal opportunities to gain a basic level of understanding and knowledge of the science and training needed to pursue careers in science, and to ensure access without discrimination to available employment in scientific research fields.[[fn:10]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":10,"text":"Recommendation on Science and Scientific Researchers, para. 13 (b)."}],"section":["IV. Obligations","A. General obligations"]},{"id":"e-c-12-gc-25-0028","docId":"e-c-12-gc-25","idx":28,"n":28,"text":"28. Without prejudice to the duty of States to eliminate all forms of discrimination, special attention should be paid to groups that have experienced systemic discrimination in the enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications, such as women, persons with disabilities, lesbian, gay, bisexual, transgender and intersex persons, indigenous peoples and persons living in poverty. Temporary special measures might be necessary to achieve substantive equality and remedy current manifestations of previous patterns of exclusion of these groups. Owing to limitations of space, this general comment focuses on women, persons with disabilities, persons living in poverty and indigenous peoples.","labels":["Indigenous peoples","LGBTI+","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups"]},{"id":"e-c-12-gc-25-0029","docId":"e-c-12-gc-25","idx":29,"n":29,"text":"29. Women are frequently underrepresented in scientific activity. Sometimes this is owing to situations of direct discrimination in access to education or professional employment and promotion. In other cases, discrimination is more subtle and is based on stereotypes or professional practices that discourage women’s participation in scientific research. In particular, women’s advancement in scientific careers, both in academia and in industry, is cumulatively limited as they climb the hierarchical ladder.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Women"]},{"id":"e-c-12-gc-25-0030","docId":"e-c-12-gc-25","idx":30,"n":30,"text":"30. Unequal access between men and women to science implies double discrimination. First, women have the right to participate in scientific research on an equal footing with men; thus, unequal access to scientific education or scientific careers constitutes discrimination in principle. Second, as women are underrepresented in scientific research, it is very common that scientific research and new technologies are gender biased and not sensitive to the particularities and needs of women.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Women"]},{"id":"e-c-12-gc-25-0031","docId":"e-c-12-gc-25","idx":31,"n":31,"text":"31. States must therefore immediately eliminate barriers that affect girls’ and women’s access to quality scientific education and careers. Furthermore, States must take steps to ensure women’s substantive equality in access to scientific education and careers by, for example, raising public awareness in order to eliminate stereotypes that exclude women from science or adopting policies for both men and women to balance domestic life with scientific careers. Temporary special measures, such as quotas for women in scientific education, might be necessary in order to speed up the attainment of substantive equality in the enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications. The availability of kindergartens and other childcare institutions is also key to the advancement of equality.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Women"]},{"id":"e-c-12-gc-25-0032","docId":"e-c-12-gc-25","idx":32,"n":32,"text":"32. A gender-sensitive approach is not a luxury for scientific research, but a crucial tool in order to ensure that scientific progress and new technologies adequately take into account the characteristics and needs of women and girls. This approach should not be relegated to the last stages of research, but incorporated from the first stage, such as the choice of the subject and the design of methodologies, and must be present throughout all steps of scientific research and its applications, including during the evaluation of its impacts. Decisions concerning funding or general policies must also be gender-sensitive.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Women"]},{"id":"e-c-12-gc-25-0033","docId":"e-c-12-gc-25","idx":33,"n":33,"text":"33. A gender-sensitive approach is of particular relevance to the right to sexual and reproductive health. States parties must ensure access to up-to-date scientific technologies necessary for women in relation to this right. In particular, States parties should ensure access to modern and safe forms of contraception, including emergency contraception, medication for abortion, assisted reproductive technologies, and other sexual and reproductive goods and services, on the basis of non-discrimination and equality, as outlined in general comment No. 22 (2016) on the right to sexual and reproductive health. Special attention should be given to the protection of women’s free, prior and informed consent in treatments or scientific research on sexual and reproductive health.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Women"]},{"id":"e-c-12-gc-25-0034","docId":"e-c-12-gc-25","idx":34,"n":34,"text":"34. Persons with disabilities have suffered deep discrimination in the enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications, either because of severe physical, communication and information obstacles to access basic and higher scientific education and careers, or because the products of scientific progress do not take into account their specificities and particular needs. Persons with disabilities bring their unique perspectives and experiences into the scientific landscape, thus specifically contributing to the promotion of the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Persons with disabilities"]},{"id":"e-c-12-gc-25-0035","docId":"e-c-12-gc-25","idx":35,"n":35,"text":"35. States parties should, at the least, adopt the following measures and policies to overcome discrimination against persons with disabilities in the enjoyment of this right: (a) promote the participation and contributions of persons with disabilities, including women with disabilities who face multiple discrimination, in decision-making procedures concerning science; (b) develop statistics on access to science and its benefits disaggregated by disability; (c) implement universal design; (d) promote technologies that facilitate access to scientific education and employment for persons with disabilities; (e) ensure that reasonable accommodation is provided for persons with disabilities to enable them to have access to scientific education and employment and to ensure that they benefit from the products of scientific development, including its diffusion and dissemination in adapted formats; (f) adopt appropriate measures to raise awareness of the capabilities and contributions of persons with disabilities and to combat stereotypes and harmful practices relating to these persons;[[fn:11]] and (g) ensure that persons with disabilities have given their free, prior and informed consent when they are subjects of research.","labels":["Women/girls","Persons with disabilities","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":11,"text":"Convention on the Rights of Persons with Disabilities, particularly arts. 1–9."}],"section":["IV. Obligations","B. Special protection for specific groups","Persons with disabilities"]},{"id":"e-c-12-gc-25-0036","docId":"e-c-12-gc-25","idx":36,"n":36,"text":"36. In the last few decades, the growth of inequalities has undermined the rule of law and has had negative effects on the enjoyment of economic, social and cultural rights (see A/HRC/29/31). Economic inequality hinders equal access to scientific education and to the benefits of scientific progress for low-income households and especially for persons living in poverty. This in turn reinforces economic inequalities because upper-income households can enjoy better scientific education and can access the latest and most expensive scientific innovations, allowing affluent persons to become more technologically productive than poor people, perpetuating inequalities and providing an apparent justification for them.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Persons in living poverty, inequality and science"]},{"id":"e-c-12-gc-25-0037","docId":"e-c-12-gc-25","idx":37,"n":37,"text":"37. As equality is at the core of human rights, States must make every effort to break this vicious circle between substantive inequality and unequal access to the right to participate in and to enjoy the benefits of scientific progress and its applications. This implies a threefold strategy: first, States parties should adopt policies to reduce inequalities, a subject that goes beyond the scope of this general comment but is at the centre of current discussions on democracy and human rights. Second, States parties need a specific strategy to strengthen access to good scientific education for persons living in poverty. Third, States should prioritize scientific and technological innovations that serve especially the needs of persons living in poverty and ensure that these people have access to the technological innovations.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Persons in living poverty, inequality and science"]},{"id":"e-c-12-gc-25-0038","docId":"e-c-12-gc-25","idx":38,"n":38,"text":"38. States should adopt measures to ensure that children living in poverty, particularly those with disabilities, have full access to the enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications, as they are entitled to special care and assistance, especially through pedagogical tools and quality scientific education that allow the development of the child’s personality, talents and mental and physical abilities to their fullest potential.[[fn:12]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":12,"text":"Convention on the Rights of the Child, particularly arts. 24 and 29."}],"section":["IV. Obligations","B. Special protection for specific groups","Persons in living poverty, inequality and science"]},{"id":"e-c-12-gc-25-0039","docId":"e-c-12-gc-25","idx":39,"n":39,"text":"39. Local, traditional and indigenous knowledge, especially regarding nature, species (flora, fauna, seeds) and their properties, are precious and have an important role to play in the global scientific dialogue. States must take measures to protect such knowledge through different means, including special intellectual property regimes, and to secure the ownership and control of this traditional knowledge by local and traditional communities and indigenous peoples.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Traditional knowledge and indigenous peoples"]},{"id":"e-c-12-gc-25-0040","docId":"e-c-12-gc-25","idx":40,"n":40,"text":"40. Indigenous peoples and local communities all over the globe should participate in a global intercultural dialogue for scientific progress, as their inputs are precious and science should not be used as an instrument of cultural imposition. States parties must provide indigenous peoples, with due respect for their self-determination, to both the educational and technological means to participate in this dialogue. They must also take all measures to respect and protect the rights of indigenous peoples, particularly their land, their identity and the protection of the moral and material interests resulting from their knowledge, of which they are authors, individually or collectively. Genuine consultation in order to obtain free, prior and informed consent is necessary whenever the State party or non-State actors conduct research, take decisions or create policies relating to science that have an impact on indigenous peoples or when using their knowledge.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","B. Special protection for specific groups","Traditional knowledge and indigenous peoples"]},{"id":"e-c-12-gc-25-0041","docId":"e-c-12-gc-25","idx":41,"n":41,"text":"41. States parties have an obligation to respect, protect and fulfil the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations"]},{"id":"e-c-12-gc-25-0042","docId":"e-c-12-gc-25","idx":42,"n":42,"text":"42. The obligation to respect requires that States parties refrain from interfering directly or indirectly in the enjoyment of this right. Examples of the obligation to respect are: eliminating barriers to accessing quality science education and to the pursuit of scientific careers; refraining from disinformation, disparagement or deliberate misinformation intended to erode citizen understanding of and respect for science and scientific research; eliminating censorship or arbitrary limitations on access to the Internet, which undermines access to and dissemination of scientific knowledge; and refraining from imposing, or eliminating, obstacles to international collaboration among scientists, unless such restrictions can be justified in accordance with article 4 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to respect"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0043","docId":"e-c-12-gc-25","idx":43,"n":43,"text":"43. The obligation to protect requires States parties to adopt measures to prevent any person or entity from interfering with the right to participate in and to enjoy the benefits of scientific progress and its applications by, for example, preventing access to knowledge or discriminating on the grounds of gender, sexual orientation or gender identity or other circumstances. These persons or entities could include universities, schools, laboratories, cultural or scientific associations, patients in hospitals and volunteers participating in scientific experiments. Examples of this duty to protect are: ensuring that scientific associations, universities, laboratories and other non-State actors do not apply discriminatory criteria; protecting people from participating in research or tests that contravene the applicable ethical standards for responsible research and guaranteeing their free, prior and informed consent; ensuring that private persons and entities do not disseminate false or misleading scientific information; and ensuring that private investment in scientific institutions is not used to unduly influence the orientation of research or to restrict the scientific freedom of researchers.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to protect"]},{"id":"e-c-12-gc-25-0044","docId":"e-c-12-gc-25","idx":44,"n":44,"text":"44. Sometimes, States parties may have to protect people within their own familial, social or cultural context when their right to participate in and to enjoy the benefits of scientific progress and its applications is affected. Persons who, owing to their age or capacity, cannot choose for themselves, must receive special protection. For instance, when parents decide not to have their children vaccinated on grounds the scientific community considers false, the parents’ decision entails risks for the child and sometimes for society, resulting from the possible resurgence of infectious diseases that were previously under control. In these cases, the best interests of the child must be a primary consideration. In some contexts, people may be subject to great pressure from their social environment to undergo traditional treatment instead of benefiting from the best available medical attention. States parties must guarantee everyone the right to choose or refuse the treatment they want with the full knowledge of the risks and benefits of the relevant treatment, subject to any limitations that meet the criteria of article 4 of the Covenant. States must also establish protective measures in relation to messages from pseudoscience, which create ignorance and false expectations among the most vulnerable sectors of the population.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to protect"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0045","docId":"e-c-12-gc-25","idx":45,"n":45,"text":"45. The duty to fulfil requires that States adopt legislative, administrative, budgetary and other measures and establish effective remedies aimed at the full enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications. They include education policies, grants, participation tools, dissemination, providing access to the Internet and other sources of knowledge, participation in international cooperation programmes and ensuring appropriate financing.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-25-0046","docId":"e-c-12-gc-25","idx":46,"n":46,"text":"46. The duty to fulfil is reinforced and specified by article 15 (2) of the Covenant, which provides that States parties must take steps for the conservation, the development and the diffusion of science. States parties not only have a duty to allow persons to participate in scientific progress; they also have a positive duty to actively promote the advancement of science through, inter alia, education and investment in science and technology. This includes approving policies and regulations that foster scientific research, allocating appropriate resources in budgets and generally creating an enabling and participatory environment for the conservation, the development and the diffusion of science and technology. This implies, inter alia, protection and promotion of academic and scientific freedom, including freedom of expression and freedom to seek, receive and impart scientific information, freedom of association and freedom of movement; guarantees of equal access and participation of all public and private actors; and capacity-building and education.[[fn:13]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":13,"text":"Venice Statement on the Right to Enjoy the Benefits of Scientific Progress and its Applications, para. 13."}],"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"15","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-25-0047","docId":"e-c-12-gc-25","idx":47,"n":47,"text":"47. The obligation to fulfil is particularly important in creating and guaranteeing access to the benefits of the applications of scientific progress. States should use the maximum of their available resources to overcome hurdles that any person may face to benefit from new technologies or other forms of applications of scientific advancements. This is particularly relevant for disadvantaged and marginalized groups. Scientific progress and its applications should be, as far as possible, accessible and affordable to persons in need of specific goods or services. Public institutions in different sectors should be provided with a clear mandate to actively overcome exclusion from such progress and applications, especially in the health and education sectors. Knowledge about scientific progress and its applications should be made broadly available and accessible to the general public through schools, universities, technical colleges, libraries, museums, print and electronic media and other channels. Specific programmes are needed to overcome problems of access to scientific knowledge and its applications related to age, language or other aspects of cultural diversity.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-25-0048","docId":"e-c-12-gc-25","idx":48,"n":48,"text":"48. All States should contribute, to the maximum of their available resources, to this common task of developing science. Recommending that poor States focus exclusively on applied science actually increases the gap and unfair distribution of knowledge and power between States.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-25-0049","docId":"e-c-12-gc-25","idx":49,"n":49,"text":"49. The importance of the duty of States to disseminate science and to foster citizen participation cannot be underestimated. Basic knowledge of science, its methods and results, has become an essential element for being an empowered citizen and for the exercise of other rights, such as access to decent work. States must exert every effort to ensure equitable and open access to scientific literature, data and content, including by removing barriers to publishing, sharing and archiving scientific outputs.[[fn:14]] However, open science cannot be achieved by the State alone. It is a common endeavour to which all other stakeholders should contribute, nationally and internationally, including scientists, universities, publishers, scientific associations, funding agencies, libraries, the media and non-governmental institutions. All these stakeholders play a decisive role in the dissemination of knowledge, especially when it comes to outcomes of research financed with public funds.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":14,"text":"Recommendation on Science and Scientific Researchers, paras. 13 (c) and 36."}],"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"]},{"id":"e-c-12-gc-25-0050","docId":"e-c-12-gc-25","idx":50,"n":50,"text":"50. As a consequence of the right to freedom of research and the duty of States to disseminate science, scientist have, in principle, the right to publish the results of their research. Any restriction on this right should be compatible with article 4 of the Covenant. In particular, States should ensure that any contractual restriction placed on this right is consistent with the public interest, is reasonable and proportionate, and that it provides for the appropriate crediting and acknowledging of the contributions of scientific researchers to the research outcomes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","C. Specific obligations","Obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0051","docId":"e-c-12-gc-25","idx":51,"n":51,"text":"51. States parties have to implement, as a matter of priority, core obligations. If a State party fails to satisfy these core obligations, it must demonstrate that it has made every reasonable effort to comply with them, taking into account the totality of the rights enshrined in the Covenant, and in the context of the maximum of its available resources, individually and through international assistance and cooperation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","D. Core obligations"]},{"id":"e-c-12-gc-25-0052","docId":"e-c-12-gc-25","idx":52,"n":52,"text":"52. Core obligations related to the right to participate in and to enjoy the benefits of scientific progress and its applications require States parties to:","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["IV. Obligations","D. Core obligations"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0053","docId":"e-c-12-gc-25","idx":53,"n":53,"text":"53. The principles of transparency and participation are essential to make science objective and reliable, and to ensure that it is not subject to interests that are not scientific or are inconsistent with fundamental human rights principles and the welfare of society.[[fn:15]] Secrecy and collusion are in principle contrary to the integrity of science at the service of humanity. Thus, States should take measures to avoid the risks associated with the existence of conflicts of interest by creating an environment in which actual or perceived conflicts of interest are adequately disclosed and regulated, especially those involving scientific researchers who give policy advice to policymakers and other public officials.[[fn:16]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":15,"text":"Venice Statement on the Right to Enjoy the Benefits of Scientific Progress and its Applications, para. 12."},{"n":16,"text":"Recommendation on Science and Scientific Researchers, paras. 9 and 14."}],"section":["V. Special topics of broad application","A. Participation and transparency"]},{"id":"e-c-12-gc-25-0054","docId":"e-c-12-gc-25","idx":54,"n":54,"text":"54. A clear benefit of scientific progress is that scientific knowledge is used in decision-making and policies, which should, as far as possible, be based on the best available scientific evidence. States should endeavour to align their policies with the best scientific evidence available. They should, furthermore, promote public trust and support for sciences throughout society and a culture of active citizen engagement with science, particularly through a vigorous and informed democratic debate on the production and use of scientific knowledge, and a dialogue between the scientific community and society.[[fn:17]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":17,"text":"Ibid., para. 5 (c) and (g)."}],"section":["V. Special topics of broad application","A. Participation and transparency"]},{"id":"e-c-12-gc-25-0055","docId":"e-c-12-gc-25","idx":55,"n":55,"text":"55. With due respect to scientific freedom, some decisions concerning the orientation of scientific research or the adoption of certain technical advancements should be subjected to public scrutiny and citizen participation. As far as possible, scientific or technological policies should be established through participatory and transparent processes and should be implemented with accompanying transparency and accountability mechanisms.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","A. Participation and transparency"]},{"id":"e-c-12-gc-25-0056","docId":"e-c-12-gc-25","idx":56,"n":56,"text":"56. Participation also includes the right to information and participation in controlling the risks involved in particular scientific processes and its applications. In this context, the precautionary principle plays an important role. This principle demands that, in the absence of full scientific certainty, when an action or policy may lead to unacceptable harm to the public or the environment, actions will be taken to avoid or diminish that harm. Unacceptable harm includes harm to humans or to the environment that is: (a) threatening to human life or health; (b) serious and effectively irreversible; (c) inequitable to present or future generations; or (d) imposed without adequate consideration of the human rights of those affected.[[fn:18]] Technological and human rights impact assessments are tools that help to identify potential risks early in the process and the use of scientific applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":18,"text":"World Commission on the Ethics of Scientific Knowledge and Technology, “The precautionary principle”, (Paris, UNESCO, 2005), p. 14."}],"section":["V. Special topics of broad application","B. Participation and the precautionary principle"]},{"id":"e-c-12-gc-25-0057","docId":"e-c-12-gc-25","idx":57,"n":57,"text":"57. The application of the precautionary principle is sometimes controversial, particularly in relation to scientific research itself, as limitations on the freedom of scientific research are compatible with the Covenant only in the circumstances set out in article 4. On the contrary, this principle is more broadly applied for the use and application of scientific outcomes. The precautionary principle should not hinder and prevent scientific progress, which is beneficial for humanity. Nonetheless, it should be able to address available risks for human health and the environment, inter alia. Thus, in controversial cases, participation and transparency become crucial because the risks and potential of some technical advances or some scientific research should be made public in order to enable society, through informed, transparent and participatory public deliberation, to decide whether or not the risks are acceptable.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","B. Participation and the precautionary principle"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0058","docId":"e-c-12-gc-25","idx":58,"n":58,"text":"58. In the contemporary world, a significant proportion of scientific research is carried out by business enterprises and non-State actors. This is not only compatible with the Covenant, but can also be instrumental in the enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications. However, large-scale privatization of scientific research without any other consideration might sometimes have negative effects on the enjoyment of this right.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","C. Private scientific research and intellectual property"]},{"id":"e-c-12-gc-25-0059","docId":"e-c-12-gc-25","idx":59,"n":59,"text":"59. In some cases, scientific research conducted or financed by private actors can create conflicts of interests, for instance, when business corporations support research related to the type of economic activities in which they are involved, as happened in the past with some tobacco companies. Mechanisms should be established for the disclosure of these actual or perceived conflicts of interest.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","C. Private scientific research and intellectual property"]},{"id":"e-c-12-gc-25-0060","docId":"e-c-12-gc-25","idx":60,"n":60,"text":"60. Private scientific research has been associated with the development of international and national intellectual property legal regimes, which have complex relationships with the right to participate in and to enjoy the benefits of scientific progress and its applications. On one hand, intellectual property enhances the development of science and technology through economic incentives for innovation, such as patents for inventors, which stimulate the involvement of private actors in scientific research. On the other hand, intellectual property can negatively affect the advancement of science and access to its benefits, in at least in three ways. It is necessary to tackle these three problems in order to ensure that intellectual property promotes the research and innovation crucial to the full enjoyment of economic, social and cultural rights without undermining these rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","C. Private scientific research and intellectual property"]},{"id":"e-c-12-gc-25-0061","docId":"e-c-12-gc-25","idx":61,"n":61,"text":"61. Firstly, intellectual property can sometimes create distortions in the funding of scientific research as private financial support might go only to research projects that are profitable, while funding to address issues that are crucial for economic, social and cultural rights might not be adequate, as these issues do not seem financially attractive for business. This has been the case with the so-called neglected diseases. Second, some intellectual property regulations limit the sharing of information on scientific research for a certain period, as is the case with data exclusivity for patent holders included in some of the “trip-plus” treaties.[[fn:19]] Furthermore, the excessive price of some scientific publications is an obstacle for low-income researchers, especially in developing countries. All those restrictions hinder the advancement of science. Third, although intellectual property provides positive incentives for new research activities and thus plays an important role in contributing to innovation and the development of science, it may, in some cases, pose significant obstacles for persons wishing to access the benefits of scientific progress, which may be crucial for the enjoyment of other economic, social and cultural rights, such as the right to health. Patents give patent holders a temporary exclusive right to exploit the product or service they have invented. Thus, they can determine a price for these products and services. If prices are set very high, access to these products and services becomes impossible for low-income persons or developing countries, as has happened with new medicines that are essential for the health and life of persons with certain diseases.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":19,"text":"World Health Organization, Regional Office for South-East Asia, “Universal health coverage technical brief: data exclusivity and other ‘TRIPS-plus’ measures”, 2017."}],"section":["V. Special topics of broad application","C. Private scientific research and intellectual property"]},{"id":"e-c-12-gc-25-0062","docId":"e-c-12-gc-25","idx":62,"n":62,"text":"62. States should take appropriate measures to foster the positive effects of intellectual property on the right to participate in and to enjoy the benefits of scientific progress and its applications, while at the same time avoiding its possible negative effects. Firstly, to counter distortions of funding associated with intellectual property, States should provide adequate financial support for research that is important for the enjoyment of economic, social and cultural rights, either through national efforts or, if necessary, by resorting to international and technical cooperation. States could also resort to other incentives, such as so-called market entry rewards, which delink remuneration of successful research from future sales, thus fostering research by private actors in these otherwise neglected fields. Second, States should make every effort, in their national regulations and in international agreements on intellectual property, to guarantee the social dimensions of intellectual property, in accordance with the international human rights obligations they have undertaken (E/C.12/2001/15, para. 18). A balance must be reached between intellectual property and the open access and sharing of scientific knowledge and its applications, especially those linked to the realization of other economic, social and cultural rights, such as the rights to health, education and food. The Committee reiterates that ultimately, intellectual property is a social product and has a social function and consequently, States parties have a duty to prevent unreasonably high costs for access to essential medicines, plant seeds or other means of food production, or for schoolbooks and learning materials, from undermining the rights of large segments of the population to health, food and education.[[fn:20]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":20,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 17, para. 35."}],"section":["V. Special topics of broad application","C. Private scientific research and intellectual property"]},{"id":"e-c-12-gc-25-0063","docId":"e-c-12-gc-25","idx":63,"n":63,"text":"63. The right to participate in and to enjoy the benefits of scientific progress and its applications is a human right with an intrinsic value, but it also has an instrumental value, as it constitutes an essential tool for the realization of other economic, social and cultural rights, particularly the right to food and the right to health.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights"]},{"id":"e-c-12-gc-25-0064","docId":"e-c-12-gc-25","idx":64,"n":64,"text":"64. Scientific and technological advancements have increased agricultural productivity, contributing to higher availability of food per person and reduction of famine. Nevertheless, the environmental impacts of certain technologies associated with the Green Revolution and the risks associated with increased dependency on technology providers has led, inter alia, the General Assembly to acknowledge that peasants and other people working in rural areas have the right to determine their own food and agriculture systems, recognized by many States and regions as the right to food sovereignty.[[fn:21]] Thus, the right to participate in and to enjoy the benefits of scientific progress and its applications in agriculture should preserve, not violate, the right of peasants and other people working in rural areas to choose which technologies suit them best. Low-input eco-friendly agronomic techniques that increase organic matter content in soil, carbon sequestration and protect biodiversity should also be supported.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":21,"text":"United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, art. 15 (4)."}],"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to food"]},{"id":"e-c-12-gc-25-0065","docId":"e-c-12-gc-25","idx":65,"n":65,"text":"65. In addition, States parties should take appropriate measures to ensure that agricultural research and development integrates the needs of peasants and other people working in rural areas and to ensure their active participation in the determination of priorities and the undertaking of research and development, taking into account their experience and respecting their cultures. Every policy or action taken on biofuels and pesticides should consider all their interconnected complexities and the best available scientific knowledge.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to food"]},{"id":"e-c-12-gc-25-0066","docId":"e-c-12-gc-25","idx":66,"n":66,"text":"66. Inadequate diets have become a major contributing factor to the increase of non-communicable diseases in all regions. Given the proven long-term effects of adequate nutrition during pregnancy and before a child’s second birthday, States should do more to regulate the marketing of breast milk substitutes, to disseminate information about the benefits of adequate feeding practices, and to create an enabling environment for breastfeeding. They should also redirect investments in agricultural development away from the exclusive focus on boosting the production of cereal crops – rice, wheat and maize – towards support for healthy diets, including adequate measures to reduce the excessive intake of sugar. Cereal crops are mainly a source of carbohydrates and contain relatively few proteins and other nutrients essential for adequate diets.[[fn:22]]","labels":["Children","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":22,"text":"Emile Frison and others, “Agricultural biodiversity, nutrition and health: making a difference to hunger and nutrition in the developing world”, Food and Nutrition Bulletin, vol. 27, No. 2 (July 2006)."}],"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to food"]},{"id":"e-c-12-gc-25-0067","docId":"e-c-12-gc-25","idx":67,"n":67,"text":"67. The links between the right to participate in and to enjoy the benefits of scientific progress and its applications and the right to health are clear and diverse. Firstly, scientific progress creates medical applications that prevent diseases, such as vaccinations, or that enable them to be more effectively treated. The right to participate in and to enjoy the benefits of scientific progress and its applications is therefore instrumental in realizing the right to health. States should promote scientific research, through financial support or other incentives, to create new medical applications and make them accessible and affordable to everyone, especially the most vulnerable. In particular, in accordance with the Covenant, States parties should prioritize the promotion of scientific progress to facilitate better and more accessible means for the prevention, control and treatment of epidemic, endemic, occupational and other diseases (art. 12 (2) (c)).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to health"],"citedArticles":[{"treaty":"ICESCR","article":"12","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-25-0068","docId":"e-c-12-gc-25","idx":68,"n":68,"text":"68. In this respect, scientific research is impaired for some substances under the international conventions on drug control,[[fn:23]] which classify these substances as harmful for health and with no scientific or medical value. However, some of these classifications were made with insufficient scientific support to substantiate those classifications, as credible evidence exists regarding the medical uses of a number of them, such as cannabis for the treatment of certain epilepsies. Thus, States parties should harmonize the fulfilment of their obligations under the international drug control regime with their obligations to respect, protect and fulfil the right to participate in and to enjoy the benefits of scientific progress and its applications, through regular revision of their policies in relation to controlled substances. The prohibition of research on those substances is in principle a limitation of this right and should meet the requirements of article 4 of the Covenant. Moreover, given the potential health benefits of these controlled substances, the restrictions should also be weighed up in relation to States parties’ obligations under article 12 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":23,"text":"See the Single Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971 and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988."}],"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to health"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"},{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-c-12-gc-25-0069","docId":"e-c-12-gc-25","idx":69,"n":69,"text":"69. Second, some applications of scientific progress are protected under intellectual property regimes. The right to participate in and to enjoy the benefits of scientific progress and its applications assists States in making sure that these property rights are not realized to the detriment of the right to health. This right becomes a significant mediator between a human right – the right to health – and a property right. As stated in the World Trade Organization Doha Declaration on the TRIPS Agreement and Public Health (2001), the intellectual property regime should be interpreted and implemented in a manner supportive of the duty of States “to protect public health and, in particular, to promote access to medicines for all”. Thus, States parties should use, when necessary, all the flexibilities of the TRIPS Agreement, such as compulsory licences, to ensure access to essential medicines, especially for the most disadvantaged groups. States parties should also refrain from granting disproportionately lengthy terms of patent protection for new medicines in order to allow, within a reasonable time, the production of safe and effective generic medicines for the same diseases.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to health"]},{"id":"e-c-12-gc-25-0070","docId":"e-c-12-gc-25","idx":70,"n":70,"text":"70. Third, States parties have a duty to make available and accessible to all persons, without discrimination, especially to the most vulnerable, all the best available applications of scientific progress necessary to enjoy the highest attainable standard of heath. States parties should fulfil this duty to the maximum of their available resources, including those available through international assistance and cooperation, and taking into account the full range of economic, social and cultural rights. Safe and effective generic medicines should be prioritized over brand-name medicines in national health plans in order to make better use of the available resources for the fulfilment of economic, social and cultural rights.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to health"]},{"id":"e-c-12-gc-25-0071","docId":"e-c-12-gc-25","idx":71,"n":71,"text":"71. Fourth, some scientific research can carry health-related risks, both for the participants in the research and as a result of the impact of the applications of the relevant research. States parties should prevent or mitigate these risks through careful application of the precautionary principle and the protection of participants in scientific research. In particular, States should make every effort to ensure that medicines and medical treatments, including in the field of drug dependency, are evidence-based, and that the risks involved have been properly evaluated and communicated in a clear and transparent manner, so that patients can provide properly informed consent.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","D. Interdependence with other rights","Right to health"]},{"id":"e-c-12-gc-25-0072","docId":"e-c-12-gc-25","idx":72,"n":72,"text":"72. Technological change is now so intense and rapid that it is blurring the boundaries between the physical, digital and biological worlds, because of the growing fusion of scientific and technological advancements in areas such as artificial intelligence, robotics, 3D printing, biotechnology, genetic engineering, quantum computers and management of big data. These innovations might change not only society and human behaviour, but even human beings themselves, through genetic engineering or the incorporation in human bodies of technological devices that transform some biological functions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","E. Risks and promises of new emerging technologies"]},{"id":"e-c-12-gc-25-0073","docId":"e-c-12-gc-25","idx":73,"n":73,"text":"73. These emerging technologies might, on the one hand, enhance the enjoyment of economic, social and cultural rights. For instance, applications of artificial intelligence in industry or services can lead to enormous gains in productivity and efficiency, and biotechnology can enable the cure or treatment of many diseases. On the other hand, these changes might intensify social inequalities by increasing unemployment and segregation in the labour market, and algorithms incorporated in artificial intelligence can reinforce discrimination, and so forth.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","E. Risks and promises of new emerging technologies"]},{"id":"e-c-12-gc-25-0074","docId":"e-c-12-gc-25","idx":74,"n":74,"text":"74. States parties have to adopt policies and measures that expand the benefits of these new technologies while at the same time reducing their risks. Nevertheless, there are no easy solutions given the varied nature of these new technologies and their complex effects. The Committee will therefore constantly monitor the impact of these new technologies on the enjoyment of economic, social and cultural rights. For the Committee, three elements remain very important: firstly, international cooperation should be enhanced in this field as these technologies need global regulations in order to be effectively managed. Fragmented national responses to these transnational technologies would create governance gaps detrimental to the enjoyment of economic, social and cultural rights and would perpetuate technological divides and economic disparities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","E. Risks and promises of new emerging technologies"]},{"id":"e-c-12-gc-25-0075","docId":"e-c-12-gc-25","idx":75,"n":75,"text":"75. Second, decisions concerning the development and use of these technologies should be taken within a human rights framework and from a holistic and inclusive perspective.[[fn:24]] All cross-cutting human rights principles, such as transparency, non-discrimination, accountability and respect for human dignity, become crucial in this field. For instance, States parties should develop mechanisms so that autonomous intelligent systems are designed in ways that avoid discrimination, enable their decisions to be explained, and allow accountability for their use. In addition, States parties should establish a legal framework that imposes on non-State actors a duty of human rights due diligence,[[fn:25]] especially in the case of big technology companies (see A/74/493). This legal framework should include measures that require companies to prevent discrimination at both the input and output levels of artificial intelligence systems and other technologies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":24,"text":"See The Age of Digital Interdependence: report of the UN Secretary-General’s High-level Panel on Digital Cooperation. Available at https://digitalcooperation.org/wp-content/uploads/2019/06/DigitalCooperation-report-web-FINAL-1.pdf."},{"n":25,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities, para. 16."}],"section":["V. Special topics of broad application","E. Risks and promises of new emerging technologies"]},{"id":"e-c-12-gc-25-0076","docId":"e-c-12-gc-25","idx":76,"n":76,"text":"76. Third, some aspects related to these new technologies deserve special attention because of their particular impact on the enjoyment of economic, social and cultural rights. For instance, States parties should adopt policies to ensure that those vulnerable to temporary and long-term job loss as a result of scientific and technological advances are provided with and encouraged to pursue vocational training and other job placement opportunities. Moreover, taking into account that many of the emerging inequalities are strongly linked to the capacity of some business entities to access, store and exploit massive data, it is crucial to regulate the ownership and control of data according to human rights principles.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["V. Special topics of broad application","E. Risks and promises of new emerging technologies"]},{"id":"e-c-12-gc-25-0077","docId":"e-c-12-gc-25","idx":77,"n":77,"text":"77. The duty to cooperate internationally towards the fulfilment of all economic, social and cultural rights, established in article 2 of the Covenant and in articles 55 and 56 of the Charter of the United Nations, is reinforced in relation to the right to participate in and to enjoy the benefits of scientific progress and its applications, as article 15 (4) of the Covenant specifically provides that States parties recognize the benefits to be derived from the encouragement and development of international contacts and cooperation in the scientific and cultural fields. States need to take steps through legislation and policies, including diplomatic and foreign relations, to promote an enabling global environment for the advancement of science and the enjoyment of the benefits of its applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["VI. International cooperation"],"citedArticles":[{"article":"2","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'duty to cooperate internationally... established in article 2 of the Covenant'; ICESCR art.2."},{"article":"55","treaty":"?","confidence":"high","source":"opus","rationale":"'articles 55 and 56 of the Charter of the United Nations'; UN Charter, non-treaty."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Same 'articles 55 and 56 of the Charter of the United Nations'."},{"article":"15","paragraph":"4","treaty":"ICESCR","confidence":"high","source":"opus","rationale":"'article 15 (4) of the Covenant' on international scientific cooperation; ICESCR."}]},{"id":"e-c-12-gc-25-0078","docId":"e-c-12-gc-25","idx":78,"n":78,"text":"78. This reinforced duty of international cooperation has several important justifications and dimensions. Firstly, as certain fields of science necessitate universal endeavour, international cooperation among scientists should be encouraged in order to foster scientific progress. Thus, States should take steps to promote and enable scientific researchers to participate in the “international scientific and technological community”,[[fn:26]] especially through facilitating their travel in and out of their territory and implementing policies that enable scientific researchers to freely share data and educational resources internationally, for example, by means of virtual universities.[[fn:27]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":26,"text":"Recommendation on Science and Scientific Researchers, para. 31."},{"n":27,"text":"Ibid., para. 18."}],"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0079","docId":"e-c-12-gc-25","idx":79,"n":79,"text":"79. Second, international cooperation is essential because of the existence of deep international disparities among countries in science and technology. If it is necessary, owing to financial or technological constraints, developing States should resort to international assistance and cooperation, with a view to complying with their obligations under the Covenant. Developed States should contribute to the development of science and technology in developing countries, adopting measures to achieve this purpose, such as allocating development aid and funding towards building and improving scientific education, research and training in developing countries, promoting collaboration between scientific communities of developed and developing countries to meet the needs of all countries and facilitating their progress while respecting national regulations. Access to research results and their applications should be regulated in a form that allows developing countries and their citizens adequate access to these products in an affordable manner, such as access to essential medicines. While respecting the right of scientists to decide on their own careers, developed States should also implement reasonable policies for identifying and countering, rather than fostering, the effects of brain drain.[[fn:28]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":28,"text":"Ibid."}],"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0080","docId":"e-c-12-gc-25","idx":80,"n":80,"text":"80. Third, the benefits and applications resulting from scientific progress should be shared, with due incentives and regulations, with the international community, particularly with developing countries, communities living in poverty and groups with special needs and vulnerabilities, especially when the benefits are closely related to the enjoyment of economic, social and cultural rights.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0081","docId":"e-c-12-gc-25","idx":81,"n":81,"text":"81. Fourth, international cooperation is essential because the most acute risks to the world related to science and technology, such as climate change, the rapid loss of biodiversity, the development of dangerous technologies, such as autonomous weapons based on artificial intelligence, or the threat of weapons of mass destruction, especially nuclear weapons, are transnational and cannot be adequately addressed without robust international cooperation. States should promote multilateral agreements to prevent these risks from materializing or to mitigate their effects. States should also take measures in cooperation with other States against biopiracy and against illicit trafficking of organs, tissues, samples, genetic resources and genetic-related materials.[[fn:29]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":29,"text":"Ibid."}],"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0082","docId":"e-c-12-gc-25","idx":82,"n":82,"text":"82. Pandemics are a crucial example of the need for scientific international cooperation to face transnational threats. Viruses and other pathogens do not respect borders. If adequate measures are not taken, a local epidemic can very quickly become a pandemic with devastating consequences. The role of the World Health Organization in this field remains fundamental and should be supported. Combating pandemics effectively requires stronger commitment from States to scientific international cooperation, as national solutions are insufficient. Enhanced international cooperation could increase the preparedness of States and of international organizations to face future pandemics, for instance by sharing scientific information about potential pathogens. It should also improve early warning mechanisms, based on timely and transparent information provided by States on emerging epidemics that have the potential to transform into a pandemic, which would allow early interventions, based on the best scientific evidence, aimed at controlling the epidemics and preventing them from becoming a pandemic. If a pandemic develops, sharing the best scientific knowledge and its applications, especially in the medical field, becomes crucial to mitigate the impact of the disease and to expedite the discovery of effective treatments and vaccines. After the pandemic is over, scientific research should be promoted to learn lessons and increase preparedness for possible pandemics in the future.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0083","docId":"e-c-12-gc-25","idx":83,"n":83,"text":"83. States also have extraterritorial obligations with regard to the full realization of the right to participate in and to enjoy the benefits of scientific progress and its applications. In particular, States parties, when negotiating international agreements or adopting their domestic intellectual property regime, should ensure that traditional knowledge is protected, contributions to scientific knowledge are appropriately credited and that intellectual property regimes foster the enjoyment of this right.[[fn:30]] These bilateral and multilateral agreements should enable developing countries to build their capacity to participate in generating and sharing scientific knowledge and benefiting from its applications. The Committee recalls that States parties participating in decisions as members of international organizations cannot ignore their human rights obligations (see E/C.12/2016/1). Thus, States parties should direct their efforts and exercise their voting powers in these organizations towards ensuring respect, protection and fulfilment of the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":30,"text":"Ibid."}],"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0084","docId":"e-c-12-gc-25","idx":84,"n":84,"text":"84. States parties also have an extraterritorial obligation to regulate and monitor the conduct of multinational companies over which they can exercise control, in order for the companies to exercise due diligence to respect the right to participate in and to enjoy the benefits of scientific progress and its applications, also when acting abroad.[[fn:31]] States parties should provide remedies, including judicial remedies, for victims of these companies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":31,"text":"General comment No. 24, paras. 31–33."}],"section":["VI. International cooperation"]},{"id":"e-c-12-gc-25-0085","docId":"e-c-12-gc-25","idx":85,"n":85,"text":"85. While States parties have a wide margin of discretion in selecting the steps they consider most appropriate to achieve the full realization of all economic, social and cultural rights,[[fn:32]] including the right to participate in and to enjoy the benefits of scientific progress and its applications, at least four types of measures should be implemented.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":32,"text":"General comment No. 21, para. 66."}],"section":["VII. National implementation"]},{"id":"e-c-12-gc-25-0086","docId":"e-c-12-gc-25","idx":86,"n":86,"text":"86. Firstly, States parties should put in place a normative framework that ensures the full enjoyment of the right to participate in and to enjoy the benefits of scientific progress and its applications, without discrimination, and that creates an enabling and participatory environment for the conservation, the development and the diffusion of science and technology. This framework should include, inter alia, the protection of access, without discrimination, to the benefits of scientific progress, especially when other economic, social and cultural rights are at stake for those most in need; the protection of freedom of research with limits compatible with article 4 of the Covenant; measures to ensure that ethics and human rights are respected in scientific research, including the establishment of committees on ethics when necessary; measures to harmonize intellectual property with the right to participate in and to enjoy the benefits of scientific progress and its applications; and adequate protection against all forms of discrimination.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["VII. National implementation"],"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-25-0087","docId":"e-c-12-gc-25","idx":87,"n":87,"text":"87. Second, States parties should develop a national plan of action to promote scientific progress and to disseminate its results and products to all persons, without discrimination. Such a plan will help ensure that various scientific endeavours are not carried out in a fragmented and uncoordinated manner, but are part of an integrated effort for the promotion, the conservation and the diffusion of science. This plan of action should include, inter alia: measures to facilitate access without discrimination to the applications of scientific progress, especially when these applications are needed for the enjoyment of economic, social and cultural rights; measures to strengthen human and institutional scientific capacities in the State; adequate public funding, especially for research that is relevant to meet the needs of the population and for the promotion of access to scientific education, particularly for groups that traditionally face discrimination in this field; mechanisms to promote a culture of scientific inquiry, public trust and support for sciences in society, particularly through a vigorous and informed democratic debate on the production and use of scientific knowledge, and a dialogue between the scientific community and society; mechanisms to protect the population from false, misleading and pseudoscience-based practices, especially when other economic, social and cultural rights are at risk; measures to ensure ethics in science, such as the establishment or promotion of independent, multidisciplinary and pluralist ethics committees to assess the relevant ethical, legal, scientific and social issues related to research projects; and measures to enhance the professional and material conditions of scientific researchers.[[fn:33]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":33,"text":"Recommendation on Science and Scientific Researchers, paras. 4–6."}],"section":["VII. National implementation"]},{"id":"e-c-12-gc-25-0088","docId":"e-c-12-gc-25","idx":88,"n":88,"text":"88. Third, States parties should identify appropriate indicators and benchmarks, including disaggregated statistics and time frames, which allow them to monitor effectively the implementation of the right to participate in and to enjoy the benefits of scientific progress and its applications.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"section":["VII. National implementation"]},{"id":"e-c-12-gc-25-0089","docId":"e-c-12-gc-25","idx":89,"n":89,"text":"89. Fourth, like all other rights, the right to participate in and to enjoy the benefits of scientific progress and its applications is enforceable and is therefore also justiciable.[[fn:34]] States parties should establish effective mechanisms and institutions, where they do not already exist, to prevent violations of the right and to ensure effective judicial, administrative and other remedies for victims if such violations occur. As this right can be threatened or violated not only by actions of the State but also through omissions, remedies must be effective in both cases.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2020,"footnotes":[{"n":34,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 9 (1998) on the domestic application of the Covenant."}],"section":["VII. National implementation"]},{"id":"e-c-12-gc-26-0001","docId":"e-c-12-gc-26","idx":1,"n":1,"text":"Land plays an essential role in the realization of a range of rights under the International Covenant on Economic, Social and Cultural Rights. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. In many parts of the world, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["I. Introduction"]},{"id":"e-c-12-gc-26-0002","docId":"e-c-12-gc-26","idx":2,"n":2,"text":"However, the current use and management of land are not conducive to the realization of the rights enshrined in the Covenant. The most important factors in this trend are the following: (a) The increased competition for access to and control over land. Long-term trends in high demand for land and rapid urbanization in most parts of the world have had a significant impact on the rights of many, in particular peasants, rural communities, pastoralists, fisherfolk and Indigenous Peoples, as well as persons living in poverty in urban areas; (b) In cities, the financialization of housing markets has led to competition between different groups for access to and control over land and has encouraged speculation and inflation, affecting the rights of those left behind to an adequate standard of living and to adequate housing; (c) In rural areas, competition for arable land resulting from demographic growth, urbanization, large-scale development projects and tourism has significantly affected the livelihoods and rights of rural populations; (d) Land degradation owing to overuse, poor management and unsustainable agricultural practices has caused food insecurity and water degradation and is directly linked to climate change and environmental degradation, escalating the risk of widespread, abrupt and irreversible environmental changes, including massive desertification;[[fn:1]] (e) Measures to mitigate climate change, such as large-scale renewable energy projects or reforestation measures, might contribute to such trends when not adequately managed; (f) Global trends, including climate change and the resulting increase in internal and cross-border migration, are likely to increase tensions over the access to and use and tenure of land, with negative implications for human rights; (g) Weak, mismanaged, corrupt or non-existent legal and institutional frameworks for the governance of land tenure exacerbate these problems and lead to land disputes and conflicts, social inequality, hunger and poverty.","labels":["Indigenous peoples","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[],"section":["I. Introduction"]},{"id":"e-c-12-gc-26-0003","docId":"e-c-12-gc-26","idx":3,"n":3,"text":"Concerns relating to access to, use of and control over land have led in recent years to the adoption of a number of international instruments that have significantly influenced national legislation and policy and have been widely endorsed by Governments. In 2004, the Council of the Food and Agriculture Organization of the United Nations (FAO) adopted the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security,[[fn:1]] which contain several provisions relating to access to natural resources, including land and water. In 2012, the Committee on World Food Security endorsed the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security,[[fn:2]] which have acquired a high degree of legitimacy owing to, inter alia, the inclusive nature of that Committee. In 2014, the Committee on World Food Security endorsed the Principles for Responsible Investment in Agriculture and Food Systems, which address, inter alia, the human rights implications of agricultural investments.[[fn:3]] In 2007, in its resolution 61/295, the General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples and in 2018, in its resolution 73/165, it adopted the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, in both of which the Assembly recognized a right to land for these populations. Indeed, the importance of land for the realization of many human rights has led some scholars, civil society organizations and special rapporteurs to consider land as a human right, with reference to all the rights, entitlements and State obligations relating to land. One example is the basic principles and guidelines on development-based evictions and displacement, which were drawn up by the Special Rapporteur on the right to adequate housing as a component of the right to an adequate standard of living.[[fn:4]]","labels":["Indigenous peoples","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":1,"text":"See https://www.fao.org/3/y7937e/y7937e00.htm."},{"n":2,"text":"See https://doi.org/10.4060/i2801e."},{"n":3,"text":"See https://www.fao.org/fileadmin/templates/cfs/Docs1314/rai/CFS_Principles_Oct_2014_EN.pdf."},{"n":4,"text":"A/HRC/4/18, annex I."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-26-0004","docId":"e-c-12-gc-26","idx":4,"n":4,"text":"The present general comment was formulated on the basis of the Committee’s experience in its review of State party reports[[fn:5]] and in the light of its other general comments and its Views and decisions on communications. It is aimed at clarifying States’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the Covenant, especially for the most disadvantaged and marginalized individuals and groups. Thus, it is aimed at clarifying the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":5,"text":"The Committee has referred to land-related issues in approximately 50 concluding observations since 2001. See, for example, E/C.12/IND/CO/5, E/C.12/KHM/CO/1, E/C.12/MDG/CO/2 and E/C.12/TZA/CO/1."}],"section":["I. Introduction"],"citedArticles":[{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-gc-26-0005","docId":"e-c-12-gc-26","idx":5,"n":5,"text":"Secure and equitable access to, use of and control over land can have direct and indirect implications for the enjoyment of a range of rights enshrined in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["II. Provisions of the Covenant relating to land"]},{"id":"e-c-12-gc-26-0006","docId":"e-c-12-gc-26","idx":6,"n":6,"text":"First, land is crucial to guarantee the enjoyment of the right to adequate food, as land is used in rural areas for the purpose of food production. Consequently, if land users are deprived of the land they use for productive purposes, their right to adequate food might be endangered. Article 11 (2) of the Covenant provides that States parties, recognizing the connection between the right to be free from hunger and the utilization of natural resources, which include land, should develop or reform agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources. In the Committee’s general comment No. 12 (1999) on the right to adequate food and in the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, the importance of access to productive resources is highlighted as a key element for the realization of the right to adequate food, particularly in rural areas, where most peasants and pastoralists live and where people are more likely to experience hunger.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["II. Provisions of the Covenant relating to land"],"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-26-0007","docId":"e-c-12-gc-26","idx":7,"n":7,"text":"Second, as access to land provides space for housing, the enjoyment of the right to adequate housing depends largely on having secure access to land. Without such access, people could be subject to displacement and forced eviction, which could violate their right to adequate housing. Secure access to land in rural areas serves the rights to both adequate food and housing, as housing is often built on land used for the purpose of food production.","labels":["Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["II. Provisions of the Covenant relating to land"]},{"id":"e-c-12-gc-26-0008","docId":"e-c-12-gc-26","idx":8,"n":8,"text":"Third, land is also directly linked to the enjoyment of the right to water. For example, the enclosure of communal grounds deprives people from access to water sources that are necessary to meet their personal and domestic needs.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["II. Provisions of the Covenant relating to land"]},{"id":"e-c-12-gc-26-0009","docId":"e-c-12-gc-26","idx":9,"n":9,"text":"Fourth, the use of land may affect the enjoyment of the right to the highest attainable standard of physical and mental health. For example, land use that relies on pesticides, fertilizers and plant growth regulators or that results in the production of animal waste and other microorganisms has contributed to various respiratory diseases.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["II. Provisions of the Covenant relating to land"]},{"id":"e-c-12-gc-26-0010","docId":"e-c-12-gc-26","idx":10,"n":10,"text":"Fifth, land is closely and often intrinsically related to the enjoyment of the right to take part in cultural life owing to the particular spiritual or religious significance of land to many communities, for example, when land serves as a basis for social, cultural and religious practices or the expression of cultural identity.[[fn:6]] This is particularly relevant for Indigenous Peoples and for peasants and other local communities living traditional lifestyles.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":6,"text":"African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya, communication No. 276/03, Decision, forty-sixth ordinary session, 11–25 November 2005, para. 241; Inter-American Court of Human Rights, Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Judgment, 31 August 2001, paras. 148–149 and 151, and Yakye Axa Indigenous Community v. Paraguay, Judgment, 17 June 2005, paras. 131–132; and Human Rights Chamber for Bosnia and Herzegovina, The Islamic Community in Bosnia and Herzegovina v. The Republika Srpska, Case No. CH/96/29, Decision, 11 June 1999, paras. 182 and 187."}],"section":["II. Provisions of the Covenant relating to land"]},{"id":"e-c-12-gc-26-0011","docId":"e-c-12-gc-26","idx":11,"n":11,"text":"Sixth, land is also closely linked to the right to self-determination, enshrined in article 1 of the Covenant, the importance of which was emphasized in Declaration on the Right to Development (1986). The realization of self-determination is an essential condition for the effective guarantee and observance of individual human rights and for the promotion and strengthening of those rights.[[fn:7]] Indigenous Peoples can freely pursue their political, economic, social and cultural development and dispose of their natural wealth and resources for their own ends only if they have land or territory in which they can exercise their self-determination.[[fn:8]] The present general comment deals only with the internal self-determination of Indigenous Peoples, which has to be exercised in accordance with international law and respecting the territorial integrity of States.[[fn:9]] Thus, according to their right to internal self-determination, the collective ownership of lands, territories and resources of Indigenous Peoples shall be respected, which implies that these lands and territories shall be demarcated and protected by States parties.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":7,"text":"Human Rights Committee, general comment No. 12 (1984), para. 1."},{"n":8,"text":"United Nations Declaration on the Rights of Indigenous Peoples, preamble and arts. 10 and 26."},{"n":9,"text":"Käkkäläjärvi et al. v. Finland (CCPR/C/124/D/2950/2017)."}],"section":["II. Provisions of the Covenant relating to land"],"citedArticles":[{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-gc-26-0012","docId":"e-c-12-gc-26","idx":12,"n":12,"text":"Under articles 2 (2) and 3 of the Covenant, States parties are required to eliminate all forms of discrimination and to ensure substantive equality.[[fn:10]] Accordingly, States parties shall undertake regular reviews to ensure that domestic laws and policies do not discriminate against people on any prohibited grounds. They should also adopt specific measures, including legislation, aimed at eliminating discrimination against both public and private entities in relation to rights under the Covenant in land-related contexts. In particular, women, Indigenous Peoples, peasants and other people working in rural areas deserve special attention, either because they have been traditionally discriminated against in terms of access to, use of and control over land or because of their particular relationship to land.","labels":["Indigenous peoples","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":10,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), paras. 7–8."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-c-12-gc-26-0013","docId":"e-c-12-gc-26","idx":13,"n":13,"text":"Women are among those who are disproportionately affected by poor access to, use of, control over and bad governance of land, threatening their rights under the Covenant and potentially leading to discrimination, including intersectional discrimination. In several of its concluding observations, the Committee has drawn special attention to discrimination against women with regard to security of land tenure, access to, use of and control over land, marital property, inheritance and exclusion from decision-making processes, including in the context of communal forms of land tenure.[[fn:11]] In its general comment No. 16 (2005), the Committee noted that women have a right to own, use or otherwise control housing, land and property on an equal basis with men, and to access necessary resources to do so (para. 28).[[fn:12]] In its general comment No. 12 (1999), the Committee recognized the importance of full and equal access to economic resources, particularly for women, including the right to inheritance and the ownership of land (para. 26).[[fn:13]]","labels":["Women/girls","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":11,"text":"With regard to discrimination in relation to access to land, particularly access and ownership, see, for example, E/C.12/GIN/CO/1, E/C.12/CMR/CO/4, E/C.12/MLI/CO/1, E/C.12/NER/CO/1, E/C.12/ZAF/CO/1 and E/C.12/CAF/CO/1. Concerning the very small number of women who own land, see, for example, E/C.12/ZAF/CO/1. Regarding traditional and customary law and practice depriving women of their inheritance and property rights, see, for example, E/C.12/BEN/CO/3, E/C.12/CMR/CO/4, E/C.12/ZAF/CO/1, E/C.12/NER/CO/1 and E/C.12/CAF/CO/1. Regarding patriarchal attitudes and attitudes based on stereotypes, see, for example, E/C.12/NER/CO/1."},{"n":12,"text":"See also Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, arts. 15–16, 18 and 19 (c)."},{"n":13,"text":"See also Committee on the Elimination of Discrimination against Women, general recommendation No. 34 (2016), in which that Committee recognized rural women’s rights to land, natural resources, including water, seeds and forests, and fisheries as fundamental human rights and emphasized that States parties should take all measures necessary to achieve the substantive equality of rural women in relation to land and natural resources (paras. 56–57)."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","1. Women"]},{"id":"e-c-12-gc-26-0014","docId":"e-c-12-gc-26","idx":14,"n":14,"text":"For women, land is a pivotal resource for meeting subsistence needs and for accessing other goods and services, such as credit. Furthermore, land is important to enhance women’s engagement in household decision-making and for their participation in rural institutions that could strengthen their decision-making power and leverage over collective rights and resources. In addition, women’s property ownership improves children’s welfare and increases access to sexual and reproductive health services. It also reduces women’s exposure to violence, in part because women who have security in access to tenure can flee domestic violence more easily by seeking access to protection, and also by making women’s households more secure, by enhancing women’s self-confidence and self-esteem and their role in decision-making, and by allowing them to garner more social, familial and community support.[[fn:14]] Thus, in cases of agrarian reform or any redistribution of land, the right of women, regardless of marital status, to share such redistributed land on equal terms with men should be carefully observed. States should also monitor and regulate customary law, which in many countries has an important role in governing land, to protect the rights of women and girls who are affected by traditional inheritance rules of male primogeniture.","labels":["Women/girls","Children","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":14,"text":"International Center for Research on Women, Property Ownership & Inheritance Rights of Women for Social Protection – The South Asia Experience (Washington, D.C., 2006), pp. 12 and 100. See also Committee on the Elimination of Discrimination against Women, general recommendation No. 34 (2016), paras. 55–78."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","1. Women"]},{"id":"e-c-12-gc-26-0015","docId":"e-c-12-gc-26","idx":15,"n":15,"text":"However, laws and social customs such as those providing that, upon the death of a man, his land belongs to his sons and not his widow or daughters, remain in place, despite their flagrant violation of women’s rights under the Covenant.[[fn:15]] Ensuring that women enjoy the rights enshrined in the Covenant on an equal basis to men requires the removal of traditional land regulations and structures that discriminate against women. This could be achieved by a combination of traditional and modern land governance regimes.[[fn:16]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":15,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 34 (2016), paras. 55–78."},{"n":16,"text":"African Union, African Development Bank and Economic Commission for Africa, Framework and guidelines on land governance in Africa (Addis Ababa, 2010), para. 3.1.3."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","1. Women"]},{"id":"e-c-12-gc-26-0016","docId":"e-c-12-gc-26","idx":16,"n":16,"text":"The right of Indigenous Peoples over the lands and territories they have traditionally occupied is recognized in international law. The Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization and the United Nations Declaration on the Rights of Indigenous Peoples (arts. 25–28)[[fn:17]] both recognize Indigenous Peoples’ right to land and territory.[[fn:18]] These sources of international human rights law provide for respect for and the protection of the relationship that Indigenous Peoples have with their lands, territories and resources, requiring States to demarcate their lands, protect those lands from encroachment and respect their right to manage the lands according to their internal modes of organization. The spiritual relationship of Indigenous Peoples to land is linked not only to spiritual ceremonies but also to every activity on land, such as hunting, fishing, herding and gathering plants, medicines and foods. Thus, States parties should ensure Indigenous Peoples’ right to maintain and strengthen their spiritual relationship with their lands, territories and resources, including waters and seas in their possession or no longer in their possession but which they owned or used in the past. Indigenous Peoples have the right to have their lands demarcated, and relocation should be allowed only under narrowly defined circumstances and with the prior, free and informed consent of the groups concerned.[[fn:19]] Laws and policies should protect Indigenous Peoples from the risk of State encroachment on their land, for instance for the development of industrial projects or for large-scale investments in agricultural production.[[fn:20]] Regional human rights courts have contributed to strengthening the rights of Indigenous Peoples to their lands and territories.[[fn:21]] Both the Inter-American Court of Human Rights and the African Commission on Human and Peoples’ Rights have taken the view that Indigenous Peoples who have unwillingly lost possession of their lands without their free and prior consent after a lawful transfer to third parties “are entitled to restitution thereof or to obtain other lands of equal extension and quality”.[[fn:22]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":17,"text":"See also the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, guideline 9."},{"n":18,"text":"See also A/HRC/45/38."},{"n":19,"text":"Arts. 10–11, 19, 28–29 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples refer to the necessity to seek Indigenous Peoples’ free, prior and informed consent on measures affecting them. This operates as a safeguard for the collective rights of Indigenous Peoples. See A/HRC/39/62."},{"n":20,"text":"United Nations Declaration on the Rights of Indigenous Peoples, arts. 28 and 32."},{"n":21,"text":"Inter-American Court of Human Rights, Mayagna (Sumo) Awas Tingni Community v. Nicaragua, paras. 151 and 164. For a discussion of the case law of the Inter-American bodies in that area, see Fergus MacKay, “From ‘sacred commitment’ to justiciable norms: indigenous peoples’ rights in the Inter-American system,” in Casting the Net Wider: Human Rights, Development and New Duty-Bearers, Margot E. Salomon, Arne Tostensen and Wouter Vandenhole, eds. (Antwerp, Intersentia, 2007). See also African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Republic of Kenya, Application No. 006/2012, Judgment, 26 May 2017."},{"n":22,"text":"Inter-American Court of Human Rights, Sawhoyamaxa Indigenous Community v. Paraguay, Judgment, 29 March 2006, para. 128; and African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya, para. 209. The Committee on the Elimination of Racial Discrimination, in its general recommendation No. 23 (1997), also highlighted that compensation “should as far as possible take the form of land and territories” (para. 5)."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","2. Indigenous Peoples"],"citedArticles":[{"treaty":"?","article":"25","rationale":"grammar: UNDRIP","source":"grammar"},{"treaty":"?","article":"28","rationale":"grammar: UNDRIP","source":"grammar"}]},{"id":"e-c-12-gc-26-0017","docId":"e-c-12-gc-26","idx":17,"n":17,"text":"In recent jurisprudence of regional human rights courts, some of the rights applicable to Indigenous Peoples concerning land have been extended to some traditional communities that maintain a similar relationship to their ancestral lands, centred on the community rather than the individual.[[fn:23]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":23,"text":"Inter-American Court of Human Rights, Moiwana Community v. Suriname, Judgment, 15 June 2005, paras. 132–133, and Saramaka People v. Suriname, Judgment, 28 November 2007, para. 86."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","2. Indigenous Peoples"]},{"id":"e-c-12-gc-26-0018","docId":"e-c-12-gc-26","idx":18,"n":18,"text":"Access to land has particular importance for the realization of the rights of peasants and other people working in rural areas worldwide.[[fn:24]] For peasants, access to land and other productive resources is so important for the realization of most rights under the Covenant that it implies for them a right to land. Articles 5 and 17 of the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas recognize this right to land for peasants and other people working in rural areas, which include agricultural workers, pastoralists and fisherfolk. This right can be exercised individually and collectively. It includes the right to have access to, sustainably use and manage land to achieve an adequate standard of living, to have a place to live in security, peace and dignity and to develop their cultures.[[fn:25]] States should take measures to support peasants to use the land in a sustainable manner, to maintain soil fertility and its productive resources, and to ensure that their methods of production do not endanger the environment for others, in terms of aspects such as access to clean water and preservation of biodiversity.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":24,"text":"For an example of the importance of land for peasants’ civil and political rights, see Portillo Cáceres et al. v. Paraguay (CCPR/C/126/D/2751/2016)."},{"n":25,"text":"Human Rights Council resolution 39/12, annex, art. 17 (1)."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","3. Peasants and other people working in rural areas"],"citedArticles":[{"treaty":"ICESCR","article":"5","source":"regex"},{"treaty":"ICESCR","article":"17","source":"regex"}]},{"id":"e-c-12-gc-26-0019","docId":"e-c-12-gc-26","idx":19,"n":19,"text":"If disputes over land arise between Indigenous Peoples or peasants, States shall provide mechanisms for the adequate settlement of those disputes, making every effort to satisfy the right to land of both groups.[[fn:26]] Both groups depend to a large extent on access to communal lands or to collective ownership. Respect for Indigenous Peoples’ self-determination and their customary land tenure system necessitates recognition of their collective ownership of lands, territories and resources.[[fn:27]] There are also other groups, including peasants, pastoralists and fisherfolk, for whom access to communal lands or the commons for gathering firewood, collecting water or medicinal plants or for hunting and fishing is essential. Customary forms of property may provide security for people who depend on commons and for whom formal property rights are generally not an appropriate solution. However, ill-conceived attempts to formalize customary tenure rights through titling schemes and the enclosure of communal lands might exclude such people from access to resources on which they depend, affecting the right to food, the right to water and other rights enshrined in the Covenant. Consequently, States have an obligation to guarantee secure access to legitimate land users without discrimination, including those who depend on collective or communal land.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":26,"text":"On the need to harmonize the right to land of peasants and Indigenous Peoples, see Inter-American Court of Human Rights, Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina, Judgment, 6 February 2020."},{"n":27,"text":"A/HRC/45/38. See also Käkkäläjärvi et al. v. Finland (CCPR/C/124/D/2950/2017)."}],"section":["III. Obligations of States parties under the Covenant","A. Non-discrimination, equality and groups or persons requiring particular attention","3. Peasants and other people working in rural areas"]},{"id":"e-c-12-gc-26-0020","docId":"e-c-12-gc-26","idx":20,"n":20,"text":"Participation, consultation and transparency are key principles for the implementation of obligations arising from the Covenant, including in relation to land. Individuals and communities shall be properly informed about and allowed to meaningfully participate in decision-making processes that may affect their enjoyment of rights under the Covenant in land-related contexts, without retaliation.[[fn:28]] Equal access to sufficient and transparent information for all parties involved in decision-making is key for human rights-based participation in decision-making. States parties should develop relevant laws, policies and procedures to ensure transparency, participation and consultation in relation to decision-making affecting land, including in relation to land registration, land administration and land transfers, as well as prior to evictions from land. Decision-making processes should be transparent, organized in the relevant languages, without barriers and with reasonable accommodation for all involved.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":28,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 16 (2005), para. 37, and general comment No. 21 (2009), para. 16 (c). See also African Commission on Human and Peoples’ Rights, “State reporting guidelines and principles on articles 21 and 24 of the African Charter relating to extractive industries, human rights and the environment” (Niamey, 2017), pp. 26–27; and Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 3B (6)."}],"section":["III. Obligations of States parties under the Covenant","B. Participation, consultation and transparency"]},{"id":"e-c-12-gc-26-0021","docId":"e-c-12-gc-26","idx":21,"n":21,"text":"Decision-making processes should be widely publicized and include procedures to grant access to all relevant documents. Affected persons need to be contacted prior to any decision that might affect their rights under the Covenant. The international legal standard for Indigenous Peoples is that of free, prior and informed consent,[[fn:29]] which needs to be a process of dialogue and negotiation where consent is the objective. Indigenous Peoples shall not only be involved in decision-making processes, but shall also be able to actively influence their outcome. Consent is required for relocation, as stated in article 10 of the United Nations Declaration on the Rights of Indigenous Peoples. The right to participate is meaningful only when its use does not entail any form of retaliation.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":29,"text":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 9.9."}],"section":["III. Obligations of States parties under the Covenant","B. Participation, consultation and transparency"],"citedArticles":[{"article":"10","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly states 'article 10 of the United Nations Declaration on the Rights of Indigenous Peoples' (UNDRIP) — a non-treaty UN declaration, not in the enumerated treaty list."}]},{"id":"e-c-12-gc-26-0022","docId":"e-c-12-gc-26","idx":22,"n":22,"text":"The obligation to respect requires that States parties do not interfere directly or indirectly with the rights enshrined in the Covenant relating to land, including the access to, use of and control over land. The obligation to respect means not doing any of the following: (a) interfering with land users’ legitimate tenure rights,[[fn:30]] in particular by evicting occupants from land on which they depend for their livelihoods; (b) evicting by force and demolishing property as punitive measures; (c) committing any discriminatory acts in the process of land registration and land administration, including on the basis of marital status, legal capacity or access to economic resources; or (d) committing any act of corruption with regard to tenure administration and tenure transfers. The obligation to respect also entails respecting existing access to land of all legitimate tenure holders and respecting decisions of concerned communities to manage their lands according to internal modes of organization.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":30,"text":"The term “legitimate tenure right holder” was developed during the negotiations of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security in 2012 in order to clarify the fact that legitimate tenure right holders include not only those with formal land titles, but also those with customary, collective or traditional tenure rights that might not be recognized by law."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","1. Obligation to respect"]},{"id":"e-c-12-gc-26-0023","docId":"e-c-12-gc-26","idx":23,"n":23,"text":"States should provide all persons with a reasonable degree of tenure security that guarantees legal protection against forced evictions. More generally, the Covenant imposes on States a duty to abstain from interfering with land users’ legitimate tenure rights, particularly by not evicting occupants from the land on which they depend for their livelihoods. Forced evictions are prima facie incompatible with the requirements of the Covenant.[[fn:31]] The relevant authorities shall ensure that evictions are only carried out in accordance with legislation that is compatible and in conformity with the Covenant and in accordance with the general principles of reasonableness and proportionality between the legitimate objective of the eviction and its consequences for the evicted persons.[[fn:32]] That obligation arises from the interpretation of the State party’s obligations under article 2 (1) of the Covenant, read in conjunction with article 11, and in accordance with the requirements of article 4, which stipulates the conditions under which limitations on the enjoyment of the rights under the Covenant are permitted. Firstly, the limitation shall be determined by law. Secondly, it shall promote the general welfare or “public purpose” in a democratic society. Thirdly, it shall be suited to the legitimate purpose cited. Fourthly, the limitation shall be necessary, in the sense that it is the least restrictive measure to fulfil the legitimate purpose. Lastly, the benefits of the limitation in promoting the general welfare shall outweigh the impact on the enjoyment of the right being limited.[[fn:33]] States parties shall clearly define the concepts of public purpose in law, in order to allow for judicial review. States parties shall introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards.[[fn:34]]","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":31,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997), para. 1."},{"n":32,"text":"Ben Djazia et al. v. Spain (E/C.12/61/D/5/2015), para. 13.4."},{"n":33,"text":"Gómez-Limón Pardo v. Spain (E/C.12/67/D/52/2018), para. 9.4."},{"n":34,"text":"For further reference, see the basic principles and guidelines on development-based evictions and displacement."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","1. Obligation to respect"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-c-12-gc-26-0024","docId":"e-c-12-gc-26","idx":24,"n":24,"text":"Where people have been relocated and given alternative accommodation, alternative housing shall be safe and provide security of tenure, enabling access to public services, including education, health care, community engagement and livelihood opportunities.[[fn:35]] Every effort shall be made not to break up communities, given their crucial role in supporting and sustaining neighbour networks and livelihood support. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions.[[fn:36]] In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":35,"text":"See Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991)."},{"n":36,"text":"A/HRC/13/33/Add.2, annex, principle 2; and African Commission on Human and Peoples’ Rights, Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples’ Rights (2012), paras. 51–55 and 77–79."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","1. Obligation to respect"]},{"id":"e-c-12-gc-26-0025","docId":"e-c-12-gc-26","idx":25,"n":25,"text":"Where the State owns or controls land, it should ensure that the legitimate land tenure rights of individuals and communities, even within customary tenure systems, are recognized and respected. Collective systems of use and management of land, be they traditional systems, cooperatives or other forms of common management, should be identified, recognized and registered. Policies aimed at granting tenure rights of publicly owned land to landless peasants should follow broader social and environmental objectives in accordance with human rights obligations. Local communities that have traditionally used the land should be prioritized in the reallocation of tenure rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","1. Obligation to respect"]},{"id":"e-c-12-gc-26-0026","docId":"e-c-12-gc-26","idx":26,"n":26,"text":"The obligation to protect requires States parties to adopt measures to prevent any person or entity from interfering with the rights enshrined in the Covenant relating to land, including the access to, use of and control over land. States parties shall protect access to land by ensuring that no one is forcibly evicted and that their access rights to land are not otherwise infringed by third parties. States parties should also ensure that legitimate tenure rights are protected in all processes relating to transfer of these rights, including voluntary or involuntary transactions because of investments, land consolidation policies or other land-related readjustment and redistribution measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0027","docId":"e-c-12-gc-26","idx":27,"n":27,"text":"Notwithstanding the type of land tenure systems put in place, States parties shall take measures to ensure that all persons possess a reasonable degree of security in relation to their relationship with land and to protect legitimate tenure rights holders from eviction, illegal land dispossession, appropriation, harassment and other threats. In addition, States parties should take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with the persons and groups concerned.[[fn:37]] States parties should also recognize and protect communal dimensions of tenure, particularly in relation to Indigenous Peoples, peasants and other traditional communities who have a material and spiritual relationship with their traditional lands that is indispensable to their existence, well-being and full development. That includes the collective rights of access to, use of and control over lands, territories and resources that they have traditionally owned, occupied or otherwise used or acquired.[[fn:38]] Legal frameworks should therefore avoid the increased concentration of land ownership and privileges within land tenure systems, including when the motivation to change the legal framework stems from international agreements.[[fn:39]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":37,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991), para. 8 (a)."},{"n":38,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009), para. 36. See also Inter-American Court of Human Rights, Xákmok Kásek Indigenous Community v. Paraguay, Judgment, 24 August 2010, para. 86, and Sawhoyamaxa Indigenous Community v. Paraguay, para. 118; African Commission on Human and Peoples’ Rights, Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya, paras. 252–268; and African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Republic of Kenya, paras. 195–201."},{"n":39,"text":"African Commission on Human and Peoples’ Rights, “State reporting guidelines and principles on articles 21 and 24 of the African Charter relating to extractive industries, human rights and the environment”, p. 25, para. 18."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0028","docId":"e-c-12-gc-26","idx":28,"n":28,"text":"States parties should develop laws and policies to guarantee that land-based investments are made in a responsible manner. That requires the early participation of all affected parties and the fair regulation of transfer processes. In all land-related investment processes, affected persons or groups shall have access to complaint mechanisms that allow them to challenge decisions of local governments, investment boards or other relevant parties before the start of the investment and up to the payment of fair compensation. Human rights impact assessments shall be conducted to identify potential harm and options to mitigate it. Principles for responsible investors and investment need to be determined by law and shall be enforceable. Responsible investments shall respect legitimate tenure rights and shall not harm human rights and legitimate policy objectives such as food security and the sustainable use of natural resources. States parties should provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions in tenure rights in their national contexts.[[fn:40]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":40,"text":"African Union, African Development Bank and Economic Commission for Africa, “Guiding principles on large scale land-based investments in Africa” (Addis Ababa, 2014)."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0029","docId":"e-c-12-gc-26","idx":29,"n":29,"text":"States parties should have safeguards and policies in place to protect legitimate tenure rights from risks that could derive from large-scale transactions in tenure rights. Large-scale land investments risk violating rights under the Covenant because they often affect many smallholders, whose informal land use titles are often not recognized.[[fn:41]] Such safeguards could include ceilings on permissible land transactions and the requirement that transfers exceeding a certain level should be approved at the highest level of Government or by the national parliament. States should consider the promotion of a range of production and investment models that do not result in large-scale displacements from land, including models encouraging partnerships with local tenure rights holders.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":41,"text":"Ibid., chap. 2.","isIbid":true,"resolvedText":"African Union, African Development Bank and Economic Commission for Africa, “Guiding principles on large scale land-based investments in Africa” (Addis Ababa, 2014)."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0030","docId":"e-c-12-gc-26","idx":30,"n":30,"text":"The obligation to protect entails a positive duty to take legislative and other measures to provide clear standards for non-State actors such as business entities and private investors, especially in the context of large-scale land acquisitions and leases at home and abroad.[[fn:42]] States parties shall adopt a legal framework requiring business entities to exercise human rights due diligence[[fn:43]] in order to identify, prevent and mitigate the negative impact on rights enshrined in the Covenant caused by their decisions and operations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":42,"text":"African Commission on Human and Peoples’ Rights, Social and Economic Rights Action Centre and the Center for Economic and Social Rights v. Nigeria, Decision, thirtieth ordinary session, 13–27 October 2001."},{"n":43,"text":"African Union, African Development Bank and Economic Commission for Africa, “Guiding principles on large scale land based investments in Africa”."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0031","docId":"e-c-12-gc-26","idx":31,"n":31,"text":"In recent years, titling has been encouraged to protect land users from eviction by the State and encroachment by private actors, particularly large landowners, and by investors. That process, sometimes referred as “formalization”, consists of demarcating the land effectively occupied and used by each land user (and generally recognized under customary law), increasingly using digital techniques, and attributing a deed protecting land users from expropriation, while at the same time enabling them to sell the land. The impact of titling has been mixed. Clarification of property rights was intended to provide security of tenure, to allow dwellers in informal settlements to be recognized as owners and to protect small farmers from being evicted from their land. It was also justified by the need to establish a market for land rights, allowing for more fluid transfer of property rights and a lowering of transaction costs in those markets. Those two objectives may be contradictory since commodification of property rights can be a source of exclusion and increase insecurity of tenure. Therefore, States should adopt laws and policies to guarantee that titling programmes are not implemented solely to support the sale of land and the commodification of land tenure. If such laws or regulations are missing, titling of pre-existing, customary forms of tenure may result in more conflicts rather than more clarity and may also result in less security rather than improved security, with a negative impact on rights under the Covenant, in particular the right to an adequate standard of living. States shall ensure that any titling process that involves determining competing claims to land protects the rights of those most at risk of marginalization and discrimination, while addressing historical injustices.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","2. Obligation to protect"]},{"id":"e-c-12-gc-26-0032","docId":"e-c-12-gc-26","idx":32,"n":32,"text":"The obligation to fulfil requires that States adopt legislative, administrative, budgetary and other measures and establish effective remedies aimed at the full enjoyment of the rights under the Covenant relating to land, including the access to, use of and control over land. States parties shall facilitate secure, equitable and sustainable access to, use of and control over land for those who depend on land to realize their economic, social and cultural rights. This is especially important for those who are landless or live in poverty, especially women and those who are marginalized.[[fn:44]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":44,"text":"African Commission on Human and Peoples’ Rights, “State reporting guidelines and principles on articles 21 and 24 of the African Charter relating to extractive industries, human rights and the environment”, pp. 12–13, sect. III (g)–(h)."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0033","docId":"e-c-12-gc-26","idx":33,"n":33,"text":"Land registration and land administration shall be carried out without any discrimination, including discrimination on the basis of a change of marital status, lack of legal capacity and lack of access to economic resources. The legal recognition and allocation of tenure rights to individuals shall be carried out systematically, without discrimination on the basis of gender, family and community and in a way that ensures that those living in poverty and other disadvantaged and marginalized individuals and groups have every opportunity to acquire legal recognition of their current tenure rights. States parties should identify all existing tenure rights and rights holders, not only those in written records. States parties shall, through public rules, establish the definition of land user rights that are legitimate, in line with all the relevant Covenant provisions and with the definitions contained in the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0034","docId":"e-c-12-gc-26","idx":34,"n":34,"text":"Land administration shall be based on accessible and non-discriminatory services implemented by accountable agencies whose actions are reviewed by judicial bodies. Such services should be accessible and provided promptly and effectively. Disadvantaged and marginalized individuals and groups shall be supported in using those services and their access to justice shall be guaranteed. Such support should cover legal assistance, including affordable legal aid, particularly for those living in very remote areas. States parties should prevent corruption regarding tenure administration and tenure transfers by adopting and enforcing anti-corruption measures addressing, inter alia, conflicts of interests.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0035","docId":"e-c-12-gc-26","idx":35,"n":35,"text":"States parties shall also recognize the social, cultural, spiritual, economic, environmental and political value of land for communities with customary tenure systems and shall respect existing forms of self-governance of land. Traditional institutions for collective tenure systems shall ensure the meaningful participation of all members, including women and young people, in decisions regarding the distribution of user rights. Ensuring access to natural resources cannot be limited to the protections granted to the lands and territories of Indigenous Peoples. Other groups depend on the commons, in other words, global public goods. Fisherfolk need access to fishing grounds, yet strengthening individual property rights might entail fencing off the land that gives them access to the sea or to rivers. Pastoralists also form a particularly important group in sub-Saharan Africa, where almost half of the world’s 120 million pastoralists or agropastoralists reside. In addition, throughout the developing world, many peasants and rural households still depend on gathering firewood for cooking and heating, and on commonly owned wells or water sources for their access to water. The formalization of property rights and the establishment of land registries should not worsen the situation of any of those groups, as cutting them off from the resources on which they depend would threaten their livelihoods.","labels":["Indigenous peoples","Women/girls","Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0036","docId":"e-c-12-gc-26","idx":36,"n":36,"text":"Agrarian reform is an important measure to fulfil rights enshrined in the Covenant relating to land.[[fn:45]] More equitable distribution of land through agrarian reform can have a significant impact on poverty reduction[[fn:46]] and can contribute to social inclusion and economic empowerment.[[fn:47]] It improves food security, since it makes food more available and affordable, providing a buffer against external shocks.[[fn:48]] Land distribution schemes should also support small, family-owned farms, which often use the land in a more sustainable way and contribute to rural development owing to their labour intensity. However, land redistribution schemes should ensure that the beneficiaries receive proper support to enhance their capacity to use land productively and to engage in sustainable agricultural practices in order to maintain the productivity of the land. Policy options to support the economic success of family farmers should include education on access to credits, help in using marketing opportunities and the pooling of machines. Policies should be formulated in a way that enables beneficiaries to benefit from the land they acquire and avoids incentives to sell the land to support their minimum needs. Redistribution of land and agrarian reforms should focus particularly on the access to land of young people, women, communities facing racial and descent-based discrimination and others belonging to marginalized groups, and should respect and protect the collective and customary tenure of land.","labels":["Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":45,"text":"On the importance of agrarian reform, see the Final Declaration adopted at the International Conference on Agrarian Reform and Rural Development of FAO, held in Porto Alegre, Brazil, in 2006 (ICARRD 2006/3), in which member States agreed on the principle of the “establishment of appropriate agrarian reform mainly in areas with strong social disparities, poverty and food insecurity, as a means to broaden sustainable access to and control over land and related resources”."},{"n":46,"text":"M.R. El-Ghonemy, “Land reform development challenges of 1963–2003 continue into the twenty-first century”, Land Reform, Land Settlement and Cooperatives, vol. 2 (2003); and Veronika Penciakova, “Market-led agrarian reform: a beneficiary perspective of Cédula da Terra”, Working Paper Series No. 10–100 (London, London School of Economics and Political Science, 2010)."},{"n":47,"text":"Julian Quan, “Land access in the 21st century: issues, trends, linkages and policy options”, Livelihood Support Programme Working Paper No. 24 (Rome, FAO, 2006)."},{"n":48,"text":"M.R. Carter, “Designing land and property rights reform for poverty alleviation and food security’, Land Reform, Land Settlement and Cooperatives, vol. 2 (2003)."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0037","docId":"e-c-12-gc-26","idx":37,"n":37,"text":"States shall use the maximum available resources to progressively realize the rights under the Covenant relating to accessing productive resources, particularly to assist individuals and groups to access an adequate standard of living. Article 11 (2) (a) of the Covenant imposes on States parties the obligation to improve methods of production, conservation and distribution of food by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources. That implies that States have a duty to support agrarian reform schemes that ensure adequate access to land, particularly for small-scale peasants who depend on access to land for their livelihoods.[[fn:49]] Policies and laws should be accompanied by adequate, gender-sensitive support measures, developed through participatory processes, and should aim to make agrarian reforms sustainable. Such policies and laws should include adequate safeguards against land reconcentration following reform, such as land ceiling laws and legal safeguards to protect the collective and customary tenure of land.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":49,"text":"Research has highlighted an inverse relationship between the size of production units and productivity per hectare. See, for example, Robert Eastwood, Michael Lipton and Andrew Newell, “Farm size”, in Handbook of Agricultural Economics, vol. 4, Prabhu L. Pingali and Robert E. Evenson, eds. (Amsterdam, Elsevier, 2010)."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-26-0038","docId":"e-c-12-gc-26","idx":38,"n":38,"text":"States parties should engage in long-term regional planning to maintain the environmental functions of land. They should prioritize and support land uses with a human rights-based approach to conservation, biodiversity and the sustainable use of land and other natural resources.[[fn:50]] They should also, inter alia, facilitate the sustainable use of natural resources by recognizing, protecting and promoting traditional uses of land, adopting policies and measures to strengthen people’s livelihoods based on natural resources and the long-term conservation of land. That includes specific measures to support communities and people to prevent, mitigate and adapt to the consequences of global warming. States should create the conditions for regeneration of biological and other natural capacities and cycles and cooperate with local communities, investors and others to ensure that land use for agricultural and other purposes respects the environment and does not accelerate soil depletion and the exhaustion of water reserves.[[fn:51]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":50,"text":"Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, guideline 8B."},{"n":51,"text":"A/HRC/13/33/Add.2, annex, principle 6."}],"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0039","docId":"e-c-12-gc-26","idx":39,"n":39,"text":"States parties shall put in place laws and policies that allow for the recognition of informal tenure through participatory, gender-sensitive processes, paying particular attention to tenant farmers, peasants and other small-scale food producers.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","C. Specific obligations of States parties","3. Obligation to fulfil"]},{"id":"e-c-12-gc-26-0040","docId":"e-c-12-gc-26","idx":40,"n":40,"text":"Extraterritorial obligations are of particular significance to the implementation of obligations arising from the Covenant relating to access to, use of and control over land. Land transfers are quite often financed or fostered by international entities, including public investors such as development banks financing development projects requiring land, such as dams or renewable energy parks, or by private investors. In reviews of State party reports, the Committee has encountered an increasing number of references to the negative impact on individuals’, groups’, peasants’ and Indigenous Peoples’ access to productive resources as a result of international investment negotiations, agreements and practices, including in the form of public-private partnerships between State agencies and foreign private investors.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations"]},{"id":"e-c-12-gc-26-0041","docId":"e-c-12-gc-26","idx":41,"n":41,"text":"The extraterritorial obligation to respect requires States parties to refrain from actions that interfere, directly or indirectly, with the enjoyment of the rights under the Covenant in land-related contexts outside their territories. It also requires them to take specific measures to prevent their domestic and international policies and actions, such as trade, investment, energy, agricultural, development and climate change-mitigation policies, from interfering, directly or indirectly, with the enjoyment of human rights.[[fn:52]] That applies to all forms of projects implemented by development agencies or financed by development banks. The safeguards developed by the World Bank and other international development banks are a form of recognition of that obligation, particularly relating to investments in land.[[fn:53]] In the wake of the world food crisis in 2007–2008, the number of large-scale investments in land has increased worldwide, causing a variety of problems for persons living on or using the land, including forced or involuntary evictions without adequate compensation. In order to mitigate or prevent such situations, the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security were developed. Furthermore, the International Finance Corporation performance standards and the respective World Bank safeguards were updated. Moreover, States parties that are members of international financial institutions, notably the World Bank, the International Fund for Agricultural Development and regional development banks, should take steps to ensure that their lending policies and other practices do not impair the enjoyment of the rights enshrined in the Covenant relating to land.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":52,"text":"See E/C.12/BEL/CO/4, E/C.12/AUT/CO/4 and E/C.12/NOR/CO/5; Committee on the Elimination of Discrimination against Women, general recommendation No. 34 (2016), para. 13; A/56/10 and A/56/10/Corr.1, pp. 155–168 (on arts. 16–18); and guiding principles on human rights impact assessments of trade and investment agreements."},{"n":53,"text":"Michael Windfuhr, Safeguarding Human Rights in Land Related Investments: Comparison of the Voluntary Guidelines Land with the IFC Performance Standards and the World Bank Environmental and Social Safeguard Framework (Berlin, German Institute for Human Rights, 2017)."}],"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","1. Extraterritorial obligation to respect"]},{"id":"e-c-12-gc-26-0042","docId":"e-c-12-gc-26","idx":42,"n":42,"text":"The extraterritorial obligation to protect requires States parties to establish the necessary regulatory mechanisms to ensure that business entities, including transnational corporations, and other non-State actors that they are in a position to regulate do not impair the enjoyment of rights under the Covenant in land-related contexts in other countries. Thus, States parties shall take the necessary steps to prevent human rights violations abroad in land-related contexts by non-State actors over which they can exercise influence, without infringing on the sovereignty or diminishing the obligations of the host States.[[fn:54]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":54,"text":"E/C.12/2011/1, paras. 5–6."}],"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-26-0043","docId":"e-c-12-gc-26","idx":43,"n":43,"text":"In the context of land acquisitions and other business activities that have an impact on the enjoyment of access to productive resources, including land, States parties shall ensure that investors domiciled in other countries and investing in farmland overseas do not deprive individuals or communities of access to the land or land-associated resources on which they depend for their livelihoods. That may imply imposing a due diligence obligation on investors to ensure that they do not acquire or lease land in a way that violates international norms and guidelines.[[fn:55]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":55,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), para. 33."}],"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-26-0044","docId":"e-c-12-gc-26","idx":44,"n":44,"text":"States parties that promote or carry out land-related investments abroad, including through partially or fully State-owned or State-controlled companies, including sovereign wealth funds, public pension funds and private-public partnerships,[[fn:56]] should ensure that they do not reduce the ability of other States to comply with their obligations arising from the Covenant. States parties shall conduct human rights impact assessments prior to making such investments and shall regularly assess and revise them. Such assessments shall be conducted with substantive public participation and the results shall be made public and shall inform measures to prevent, cease and remedy any human rights violations or abuses.[[fn:57]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":56,"text":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 12.15."},{"n":57,"text":"See E/C.12/NOR/CO/5; A/HRC/13/33/Add.2; Human Rights Committee, general comment No. 34 (2011), paras. 18–19; and European Court of Human Rights, Társáság a Szabadságjogokért v. Hungary, Application No. 37374/05, Judgment, 14 April 2009, paras. 26 and 35."}],"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-26-0045","docId":"e-c-12-gc-26","idx":45,"n":45,"text":"States parties shall ensure that the elaboration, conclusion, interpretation and implementation of international agreements, including but not limited to the areas of trade, investment, finance, development cooperation and climate change, are consistent with their obligations under the Covenant and do not have an adverse effect on access to productive resources in other countries.[[fn:58]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":58,"text":"Committee on Economic, Social and Cultural Rights, general comments No. 3 (1990), para. 2; No. 15 (2002), para. 35; No. 22 (2016), para. 31; and No. 24 (2017), paras. 12–13; E/C.12/CAN/CO/6; Committee on the Elimination of Discrimination against Women, general recommendation No. 34 (2016); European Court of Human Rights, Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland, Application No. 45036/98, Judgment, 30 June 2005, para. 154; and Inter-American Court of Human Rights, Sawhoyamaxa Indigenous Community v. Paraguay, para. 140."}],"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","2. Extraterritorial obligation to protect"]},{"id":"e-c-12-gc-26-0046","docId":"e-c-12-gc-26","idx":46,"n":46,"text":"States should take steps through international assistance and cooperation under article 2 (1) of the Covenant with a view to progressively achieving the full realization of rights under the Covenant relating to land, which would also benefit peoples and communities outside their territories. Support should include technical cooperation, financial assistance and institutional capacity-building for, inter alia, land administration, knowledge-sharing and assistance in developing national tenure policies, as well as the transfer of relevant technology.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","3. Extraterritorial obligation to fulfil"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-26-0047","docId":"e-c-12-gc-26","idx":47,"n":47,"text":"International cooperation and assistance should be focused on supporting national policies to secure access to land tenure for those whose legitimate user rights have not been recognized. Policies should avoid leading to land concentration or commodification of land and should be aimed at improving the access of disadvantaged and marginalized individuals and groups and increasing their security of tenure. Adequate safeguard policies shall be in place, and persons and groups affected by measures of international cooperation and assistance shall have access to independent complaint mechanisms. International cooperation and assistance can facilitate efforts to ensure that land policies are sustainable and are or will become an integral part of official land use planning and States’ broader spatial planning.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["III. Obligations of States parties under the Covenant","D. Extraterritorial obligations","3. Extraterritorial obligation to fulfil"]},{"id":"e-c-12-gc-26-0048","docId":"e-c-12-gc-26","idx":48,"n":48,"text":"There are links between internal armed conflicts, land and the enjoyment of rights enshrined in the Covenant. Sometimes, land conflicts, especially those relating to structural unequal distribution of land tenure coming, for example, from colonial or apartheid systems, can be one of the root causes or a trigger of the conflict. In other cases, the conflicts may lead to forced displacements, land grabbing and land dispossession, especially for populations in vulnerable situations, such as peasants, Indigenous Peoples, ethnic minorities and women. It is noteworthy that addressing land disputes and conflicts might be a key to building resilience and sustaining peace.[[fn:59]] Thus, States should make every effort to prevent land dispossession during internal armed conflicts. If dispossessions do nevertheless occur, States are obliged to establish restitution programmes to guarantee to all internally displaced persons the right to have restored to them any land of which they were arbitrarily or unlawfully deprived.[[fn:60]] States should also address all those land conflicts that might trigger the re-emergence of an armed conflict.","labels":["Indigenous peoples","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":59,"text":"See the guidance note of the Secretary-General entitled “The United Nations and Land and Conflict”, issued in March 2019."},{"n":60,"text":"See the principles on housing and property restitution for refugees and displaced persons, endorsed by the Sub-Commission on the Protection and Promotion of Human Rights (E/CN.4/Sub.2/2005/17)."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","A. Internal armed conflicts and post-conflict situations"]},{"id":"e-c-12-gc-26-0049","docId":"e-c-12-gc-26","idx":49,"n":49,"text":"Preventive measures to avoid land dispossession during armed conflict should include at least the following: (a) the establishment of mechanisms for the protection of land tenure for populations in vulnerable situations; (b) the coordination of humanitarian assistance and the implementation of international humanitarian law with measures to prevent land dispossession; (c) the inclusion in information systems of all those estates at risk of dispossession, not only to prevent dispossession but also to facilitate future land restitution; and (d) the possibility of freezing the land market in regions in which the risks of internal displacement and land dispossession are high. All such preventive measures should protect not only property, but all forms of land tenure, including customary tenure, as those at higher risk of being dispossessed of their land may not be the formal owners of it.","labels":["Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","A. Internal armed conflicts and post-conflict situations"]},{"id":"e-c-12-gc-26-0050","docId":"e-c-12-gc-26","idx":50,"n":50,"text":"Land restitution programmes shall include measures to guarantee the right of refugees and internally displaced persons to a voluntary return to their former lands or places of habitual residence, in safety and dignity. If restitution is not possible, States should develop adequate compensation mechanisms.[[fn:61]] States shall establish and support equitable, timely, independent, transparent and non-discriminatory procedures, institutions and mechanisms to assess and enforce all land restitution claims. They should cover not only property rights but all forms of land tenure, especially when they are linked to the enjoyment of rights under the Covenant. Special attention should be paid to dealing adequately with “secondary occupants”, who are mostly good faith purchasers, and persons in a vulnerable situation who occupy land after the legitimate tenants have fled owing to armed conflict. In particular, due process shall be guaranteed to secondary occupants; if their eviction is necessary, it shall be implemented with genuine consultation and States shall, if necessary, provide them with alternative accommodation and social services to guarantee them an adequate standard of living.","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":61,"text":"Ibid.","isIbid":true,"resolvedText":"See the principles on housing and property restitution for refugees and displaced persons, endorsed by the Sub-Commission on the Protection and Promotion of Human Rights (E/CN.4/Sub.2/2005/17)."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","A. Internal armed conflicts and post-conflict situations"]},{"id":"e-c-12-gc-26-0051","docId":"e-c-12-gc-26","idx":51,"n":51,"text":"In many post-conflict situations, land restitution programmes, even if successful, might be insufficient to prevent new conflicts and to guarantee rights under the Covenant to refugees and internally displaced persons, as such populations were often living in poverty and excluded from land rights before the conflict. In these circumstances, land restitution or compensation alone are insufficient as they would not lift refugees and internally displaced persons out of poverty or reduce social and gender inequality in land tenure. In such contexts, reparations for victims of internal displacement or violence should go beyond restitution. They should be transformative reparations,[[fn:62]] in the sense that they should include policies and measures aimed at reducing inequality and improving those persons’ standard of living. Specific measures should be taken to improve gender equality in land tenure, for instance, by giving preference to women when granting land rights. In addition, States should make efforts to ensure that land restitution programmes include rural reform policies that involve technical, financial and educational support for beneficiaries.","labels":["Refugees & asylum-seekers","Women/girls","Persons living in rural/remote areas","Persons living in poverty","Persons affected by armed conflict","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":62,"text":"Rodrigo Uprimny Yepes, “Transformative reparations of massive gross human rights violations: between corrective and distributive justice”, Netherlands Quarterly of Human Rights, vol. 27, No. 4 (2009)."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","A. Internal armed conflicts and post-conflict situations"]},{"id":"e-c-12-gc-26-0052","docId":"e-c-12-gc-26","idx":52,"n":52,"text":"Land administration is one of the areas in which corruption can be most pervasive. Corruption occurs and has a negative impact in the demarcation of land and in the rolling out of titling schemes; in the design of land use schemes and the identification of land as “underutilized” or “vacant”; in the use of “public purpose” or “eminent domain” provisions to justify expropriation from land; and in the selling or leasing out of land to investors by Governments.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","B. Corruption"]},{"id":"e-c-12-gc-26-0053","docId":"e-c-12-gc-26","idx":53,"n":53,"text":"States shall build up proper accountability mechanisms to prevent corruption concerning all relevant land policies and should endeavour to prevent corruption in all forms, at all levels and in all settings.[[fn:63]] States should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the wider public to improve services and endeavour to prevent corruption through transparent processes and decision-making.[[fn:64]] States should do so particularly through consultation, participation and respect for the rule of law and the principles of transparency and accountability.[[fn:65]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":63,"text":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 3.1 (5)."},{"n":64,"text":"Ibid., para. 5.8.","isIbid":true,"resolvedText":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 3.1 (5)."},{"n":65,"text":"The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security include recommendations specific to all components of land governance, such as recording of land rights, valuation of land and adoption of land planning schemes. Similarly, the Principles for Responsible Investment in Agriculture and Food Systems refer to the need to respect “the rule and application of law, free of corruption” (principle 9) and to the United Nations Convention against Corruption as relevant for the implementation of the principles."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","B. Corruption"]},{"id":"e-c-12-gc-26-0054","docId":"e-c-12-gc-26","idx":54,"n":54,"text":"The situation of human rights defenders is particularly difficult in conflicts over land.[[fn:66]] The Committee has regularly received reports of threats and attacks aimed at those seeking to protect their rights under the Covenant or those of others, often in the form of harassment, criminalization, defamation and killings, particularly in the context of extractive and development projects.[[fn:67]] In the context of land, many human rights defenders are also defenders of the environmental functions of land and of the sustainability of land use as a precondition for respecting human rights in the future. In accordance with the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, States shall take all measures necessary to respect human rights defenders and their work, including in relation to land issues, and to refrain from imposing criminal penalties on them or enacting new criminal offences with the aim of hindering their work.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":66,"text":"See Human Rights Council resolution 31/32 on protecting human rights defenders, whether individuals, groups or organs of society, addressing economic, social and cultural rights; and the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms."},{"n":67,"text":"For example, E/C.12/VNM/CO/2-4, para. 11, E/C.12/1/Add.44, para. 19, E/C.12/IND/CO/5, paras. 12 and 50, E/C.12/PHIL/CO/4, para. 15, E/C.12/COD/CO/4, para. 12, E/C.12/LKA/CO/2-4, para. 10, and E/C.12/IDN/CO/1, para. 28."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","C. Human rights defenders"]},{"id":"e-c-12-gc-26-0055","docId":"e-c-12-gc-26","idx":55,"n":55,"text":"The specific measures that States should adopt to safeguard the work of human rights defenders in relation to land are dependent on national circumstances. However, the following measures are of crucial importance: (a) public recognition, by the highest level of Government, of the importance and legitimacy of the work of human rights defenders and a commitment that no violence or threats against them will be tolerated; (b) repeal of any State legislation or any measures that are intended to penalize or obstruct the work of human rights defenders; (c) strengthening of State institutions responsible for safeguarding the work of human rights defenders; (d) investigation and punishment of any form of violence or threat against human rights defenders; and (e) adoption and implementation of programmes, in consultation with potential beneficiaries, that are well resourced and have inbuilt coordination mechanisms that ensure that adequate protection measures are provided to human rights defenders at risk whenever necessary.[[fn:68]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":68,"text":"E/C.12/2016/2, para. 8."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","C. Human rights defenders"]},{"id":"e-c-12-gc-26-0056","docId":"e-c-12-gc-26","idx":56,"n":56,"text":"The impact of climate change on access to land, affecting user rights, is severe in many countries. In coastal zones, sea level rise has an impact on housing, agriculture and access to fisheries. Climate change also contributes to land degradation and desertification. Rising temperatures, changing patterns of precipitation and the increasing frequency of extreme weather events such as droughts and floods are increasingly affecting access to land.[[fn:69]] States shall cooperate at the international level and comply with their duty to mitigate emissions and their respective commitments made in the context of the implementation of the Paris Agreement. States have these duties also under human rights law, as the Committee has highlighted previously.[[fn:70]] Moreover, States shall avoid adopting policies to mitigate climate change, such as carbon sequestration through massive reforestation or protection of existing forests, that lead to different forms of land grabbing, especially when they affect the land and territories of populations in vulnerable situations, such as peasants or Indigenous Peoples. Mitigation policies should lead to absolute emissions reductions through the phasing out of fossil fuel production and use.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":69,"text":"See Intergovernmental Panel on Climate Change, “Climate Change and Land: summary for Policymakers” (2019)."},{"n":70,"text":"See HRI/2019/1."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","D. Climate change"]},{"id":"e-c-12-gc-26-0057","docId":"e-c-12-gc-26","idx":57,"n":57,"text":"States have an obligation to design climate change adaptation policies at the national level that take into consideration all forms of land use change induced by climate change, to register all affected persons and to use the maximum available resources to address the impact of climate change, particularly on disadvantaged groups.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","D. Climate change"]},{"id":"e-c-12-gc-26-0058","docId":"e-c-12-gc-26","idx":58,"n":58,"text":"Climate change affects all countries, including those that may have contributed to it the least. Thus, those countries that have historically contributed most to climate change and those that are currently the main contributors to it shall assist the countries that are most affected by climate change but are least able to cope with its impact, including by supporting and financing land-related adaptation measures. Cooperation mechanisms for climate change mitigation and adaptation measures shall provide and implement a robust set of environmental and social safeguards to ensure that no project negatively affects human rights and the environment and to guarantee access to information and meaningful consultation with those affected by such projects. They shall also respect the free, prior and informed consent of Indigenous Peoples.[[fn:71]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":71,"text":"In order to ensure coherence, the safeguards should be in line with the practice of the Green Climate Fund and those included in the Environmental and Social Policy of the Adaptation Fund established under the Kyoto Protocol to the United Nations Framework Convention on Climate Change."}],"section":["IV. Specific issues of relevance to the implementation of rights enshrined in the Covenant in land-related contexts","D. Climate change"]},{"id":"e-c-12-gc-26-0059","docId":"e-c-12-gc-26","idx":59,"n":59,"text":"States should ensure that individuals and groups are able to receive and impart information relevant to the enjoyment of land-related rights under the Covenant. States shall regularly monitor the implementation of tenure systems and all policies, laws and measures that affect the realization of rights enshrined in the Covenant in land-related contexts. Monitoring processes should rely on qualitative and disaggregated quantitative data collected by local communities and others, be inclusive and participatory, and pay particular attention to disadvantaged and marginalized individuals and groups. In countries where collective and customary tenure of land by rural communities is in place, monitoring should include participatory mechanisms to monitor the impact of specific policies on access to land for people living in the relevant communities.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"section":["V. Implementation and remedies"]},{"id":"e-c-12-gc-26-0060","docId":"e-c-12-gc-26","idx":60,"n":60,"text":"States parties should ensure that they have administrative and judicial systems in place to effectively implement policy and legal frameworks relating to land, and that their administrative and judicial authorities act in accordance with the State’s obligations under the Covenant. That includes taking measures to provide non-discriminatory, prompt and accessible services to all rights holders in order to protect tenure rights and to promote and facilitate the enjoyment of those rights, including in remote rural areas.[[fn:72]] Access to justice is key: States parties shall guarantee that even in remote areas, it is accessible and affordable, particularly for disadvantaged and marginalized individuals and groups. Judicial remedies shall also be tailored to the conditions of rural areas and suited to the needs of victims of violations, giving them access to all relevant information and adequate redress and compensation, including, when appropriate, restitution of land and return of refugees and internally displaced persons. As highlighted in article 28 of the United Nations Declaration on the Rights of Indigenous Peoples, restitution of land is often the primary remedy for Indigenous Peoples.[[fn:73]] Access to justice shall include access to procedures to address the impact of business activities, not only in the countries where they are domiciled but also where the violations have been caused.[[fn:74]]","labels":["Refugees & asylum-seekers","Indigenous peoples","Persons living in rural/remote areas","Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":72,"text":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, paras. 6.2 and 6.4."},{"n":73,"text":"Inter-American Court of Human Rights, Yakye Axa Indigenous Community vs Paraguay, paras. 146–148."},{"n":74,"text":"Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), paras. 49–57."}],"section":["V. Implementation and remedies"],"citedArticles":[{"article":"28","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly states 'article 28 of the United Nations Declaration on the Rights of Indigenous Peoples' (UNDRIP) — a non-treaty UN declaration."}]},{"id":"e-c-12-gc-26-0061","docId":"e-c-12-gc-26","idx":61,"n":61,"text":"States parties shall build the capacity of their administrative and judicial authorities to ensure access to timely, affordable and effective means of resolving disputes over tenure rights through impartial and competent judicial and administrative bodies, particularly in remote rural areas.[[fn:75]] States parties should recognize and cooperate with customary and other established forms of dispute settlement where they exist, ensuring that they provide fair, reliable, accessible and non-discriminatory ways of promptly resolving disputes over tenure rights, in accordance with human rights.[[fn:76]] For land, fisheries and forests that are used by more than one community, means of resolving conflict between communities should be strengthened or developed.[[fn:77]] The respect for and protection and guarantee of secure and equitable access to, use of and control over land are preconditions for the enjoyment of many of the rights enshrined in the Covenant. Effective remedies are crucial for their realization.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2023,"footnotes":[{"n":75,"text":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 21.1."},{"n":76,"text":"Ibid., para. 21.3.","isIbid":true,"resolvedText":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 21.1."},{"n":77,"text":"Ibid., para. 9.11.","isIbid":true,"resolvedText":"Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, para. 21.1."}],"section":["V. Implementation and remedies"]},{"id":"e-c-12-gc-27-0001","docId":"e-c-12-gc-27","idx":1,"n":1,"text":"1. A clean, healthy and sustainable environment is an essential precondition for the enjoyment of economic, social and cultural rights. Nature is indispensable to human existence and well-being, as it not only supports life but also underpins ecological processes, including air and water quality, soil fertility, climate stability, pollination, and the mitigation of natural hazards. However, the accelerating and interconnected environmental challenges of our time, such as climate change, biodiversity loss and pollution, pose a serious threat to the ability of present and future generations to enjoy economic, social and cultural rights, and are already contributing to violations of these rights. Climate change, driven by human activities, is increasing the frequency and intensity of extreme weather events globally, such as heatwaves, heavy precipitation and floods, droughts, and tropical cyclones, and is causing slow-onset changes, including rising sea levels.[[fn:1]] Key ecological processes are becoming increasingly disrupted or weakened, and biodiversity is rapidly declining at both the species and the ecosystem levels due to the compounding effects of climate change, land and sea use changes, overexploitation of resources, pollution, and unsound management of chemicals and waste.[[fn:2]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":1,"text":"Intergovernmental Panel on Climate Change, Climate Change 2023: Synthesis Report, Contribution of Working Groups I, II and III to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change, pp. 5–7."},{"n":2,"text":"Summary for policymakers of the global assessment report on biodiversity and ecosystem services, IPBES/7/10/Add.1, pp. 5 and 6."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-27-0002","docId":"e-c-12-gc-27","idx":2,"n":2,"text":"2. The situation is increasingly alarming, as these interlinked environmental crises “increase the risk of reaching irreversible biophysical tipping points that threaten fundamental ecological systems and processes that sustain life”.[[fn:3]] These planetary environmental threats are driven by unsustainable levels of production and consumption, particularly by developed States which have historically contributed most to environmental degradation and climate change, and are shaped by enduring relations of domination over both nature and people, deeply rooted in colonial-era resource extraction.[[fn:4]] At the current rate of resource exploitation, pollution and environmental destruction, without regard for the Earth’s environmental limits, it is impossible to achieve the equal realization of Covenant rights for all. Unsustainable use of natural resources and the resulting environmental degradation often drive armed conflict and instability, which are in turn exacerbated by them.[[fn:5]]","labels":["Persons affected by armed conflict","Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":3,"text":"Summary for policymakers of the thematic assessment of the underlying causes of biodiversity loss and the determinants of transformative change and options for achieving the 2050 Vision for Biodiversity, IPBES/11/12/Add.2, p. 5."},{"n":4,"text":"Ibid., pp. 6 and 14."},{"n":5,"text":"A/79/270, paras. 84 and 85."}],"section":["I. Introduction"]},{"id":"e-c-12-gc-27-0003","docId":"e-c-12-gc-27","idx":3,"n":3,"text":"3. Individuals, groups and countries, including victims of colonialism, the slave trade and apartheid, that have historically contributed the least to the environmental crisis are often the most affected by it, and the least able to cope with its adverse impacts. Indigenous Peoples, peasants and other communities with deep connections to nature are among the first to experience its devastating consequences. Moreover, environmental degradation exacerbates one of the greatest global challenges – to eradicate poverty and end hunger and malnutrition – and fuels migration and refugee crises. This underscores the interlinkages between the economic, social and environmental dimensions of sustainable development. These interconnected challenges call for enhanced guidance on implementing economic, social and cultural rights, placing the human dignity of present and future generations, along with environmental justice, at the centre.","labels":["Persons living in poverty","Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["I. Introduction"]},{"id":"e-c-12-gc-27-0004","docId":"e-c-12-gc-27","idx":4,"n":4,"text":"4. The present general comment highlights the adverse impacts of environmental degradation on economic, social and cultural rights, and clarifies the obligations of States Parties to the International Covenant on Economic, Social and Cultural Rights with regard to the environmental dimension of sustainable development. In it, the Committee seeks to provide guidance on implementing these rights in a manner that respects ecological limits and the finite nature of natural resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["I. Introduction"]},{"id":"e-c-12-gc-27-0005","docId":"e-c-12-gc-27","idx":5,"n":5,"text":"5. Sustainable development seeks to realize the rights of all human beings to an adequate standard of living on the basis of their active, free and meaningful participation in development and the fair distribution of the benefits resulting therefrom, without compromising the ability of future generations to meet their own needs.[[fn:6]] It requires a balanced and integrated approach across its economic, social and environmental dimensions. In its practice, the Committee has underscored the close linkages between the Covenant and sustainable development.[[fn:7]] It has emphasized that the full realization of economic, social and cultural rights for all, especially for those in disadvantaged and marginalized situations, is critical to achieving sustainable development.[[fn:8]] At the same time, it has recognized that protecting the environment is indispensable for realizing these rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":6,"text":"A/42/427, p. 24."},{"n":7,"text":"E/2003/22-E/C.12/2002/13, annex VI, paras. 2 and 4; and E/C.12/2012/1, para. 5."},{"n":8,"text":"E/C.12/2019/1, paras. 4 and 5."}],"section":["II. Scope and method of interpretation"]},{"id":"e-c-12-gc-27-0006","docId":"e-c-12-gc-27","idx":6,"n":6,"text":"6. The Committee recognizes that the right to a clean, healthy and sustainable environment is an autonomous human right, indispensable for the effective enjoyment of all rights enshrined in the Covenant. This right is both inherent in the Covenant as a whole and derived from specific Covenant rights, including the rights to health,[[fn:9]] to an adequate standard of living and to participation in cultural life.[[fn:10]] The right to a healthy environment was also explicitly recognized by the General Assembly in 2022,[[fn:11]] and has since been acknowledged by the Conferences of the Parties to both the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity.[[fn:12]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":9,"text":"General comment No. 14 (2000), paras. 11, 15 and 36."},{"n":10,"text":"General comment No. 21 (2009), para. 16."},{"n":11,"text":"General Assembly resolution 76/300."},{"n":12,"text":"Sharm el-Sheikh Implementation Plan, decision 1/CMA.4 (2022), preamble; outcome of the first global stocktake, decision 1/CMA.5 (2023), preamble; Kunming-Montreal Global Biodiversity Framework, decision 15/4 (2022), annex, para. 7 (g); Committee on the Rights of the Child, general comment No. 26 (2023), para. 8; and International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, 23 July 2025, para. 393."}],"section":["II. Scope and method of interpretation"]},{"id":"e-c-12-gc-27-0007","docId":"e-c-12-gc-27","idx":7,"n":7,"text":"7. While many individuals and groups, particularly those in vulnerable and marginalized situations, are already experiencing serious impacts on their Covenant rights owing to environmental degradation, these impacts will likely intensify over time. In the absence of urgent and sustained action, future generations will bear an even greater burden, with diminished opportunities to realize their rights under the Covenant. Ensuring the progressive realization of Covenant rights therefore requires an intergenerational perspective, grounded in the equitable sharing of rights and responsibilities, and of resources across generations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["II. Scope and method of interpretation"]},{"id":"e-c-12-gc-27-0008","docId":"e-c-12-gc-27","idx":8,"n":8,"text":"8. Structural inequalities persist at both the national and the international levels. Unequal access to natural resources, land, and public goods and services, as well as State policy and decision-making processes, remain barriers to sustainable development. To ensure the realization of Covenant rights for all, these inequalities must be overcome in a manner that fully respects the principles of non-discrimination and substantive equality. Current global economic structures remain shaped by past and present imbalances in production and consumption patterns, whereby developing countries continue to bear the environmental burdens of extraction and production, while developed countries disproportionately benefit economically.[[fn:13]] These structural asymmetries may undermine the ability of many poorer countries to transition away from fossil fuel-dependent economies while ensuring the enjoyment of Covenant rights.[[fn:14]] Fulfilling the obligation of international assistance and cooperation under the Covenant, together with the principle of common but differentiated responsibilities and respective capabilities under relevant treaties and general international law, is essential to addressing these inequities and achieving sustainable development.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":13,"text":"A/HRC/57/30, para. 6."},{"n":14,"text":"A/HRC/54/27, paras. 50–52; and A/HRC/44/44, paras. 29–32."}],"section":["II. Scope and method of interpretation"]},{"id":"e-c-12-gc-27-0009","docId":"e-c-12-gc-27","idx":9,"n":9,"text":"9. When clarifying the obligations of States Parties to realize Covenant rights in relation to the environmental dimension of sustainable development, international environmental law must be taken into account, in accordance with article 31 (3) (c) of the Vienna Convention on the Law of Treaties.[[fn:15]] In turn, States Parties must fulfil their obligations under international human rights law, including the Covenant, when implementing their obligations under international environmental law.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":15,"text":"Human Rights Committee, general comment No. 36 (2018), para. 62; Inter-American Court of Human Rights, advisory opinion OC-23/17 of 15 November 2017 on the environment and human rights, para. 44; and European Court of Human Rights, Verein Klimaseniorinnen Schweiz et al. v. Switzerland (application No. 53600/20), judgment of 9 April 2024, para. 434."}],"section":["II. Scope and method of interpretation"],"citedArticles":[{"treaty":"ICESCR","article":"31","paragraph":"3","source":"regex"}]},{"id":"e-c-12-gc-27-0010","docId":"e-c-12-gc-27","idx":10,"n":10,"text":"10. The interpretation and implementation of the Covenant in the context of environmental degradation should be guided by the general obligations and foundational principles therein, which include the progressive realization of rights and the use of the maximum available resources, and the principles of equality and non-discrimination, meaningful participation, access to information, access to justice, and international assistance and cooperation. This framework should be further informed by both the right to a clean, healthy and sustainable environment, and the right to development, which entails meeting developmental and environmental needs equitably across generations.[[fn:16]] Relevant rules of international environmental law, including the principles of intergenerational equity,[[fn:17]] common but differentiated responsibilities and respective capabilities,[[fn:18]] and precaution[[fn:19]] should also guide interpretation. The full realization of Covenant rights demands a just transition towards a sustainable economy that puts human rights and the well-being of the planet at its centre.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":16,"text":"Declaration on Future Generations; Vienna Declaration and Programme of Action, para. 11; and Declaration on the Right to Development."},{"n":17,"text":"Rio Declaration, principle 3; Paris Agreement, preamble; and Convention on Biological Diversity, preamble and art. 2."},{"n":18,"text":"Rio Declaration, principle 7; United Nations Framework Convention on Climate Change, art. 3 (1); and Paris Agreement, art. 2 (2)."},{"n":19,"text":"Rio Declaration, principle 15; United Nations Framework Convention on Climate Change, art. 3 (3); and Convention on Biological Diversity, preamble."}],"section":["II. Scope and method of interpretation"]},{"id":"e-c-12-gc-27-0011","docId":"e-c-12-gc-27","idx":11,"n":11,"text":"11. States Parties have obligations to respect, protect and fulfil Covenant rights. In the context of environmental degradation, the obligation to respect requires States Parties to refrain from acts that foreseeably contribute to or cause significant harms to the air, land, water, the oceans, climate stability, biodiversity and ecosystems. The obligation to protect requires States Parties to prevent environmental harms that could result in violations of Covenant rights, including by regulating the activities of other actors, such as business entities, under their jurisdiction or control. This also requires States Parties to exercise due diligence in protecting Covenant rights from environmental harm, applying a standard of diligence proportionate to the degree of the risk,[[fn:20]] and entails adopting all appropriate and necessary measures to safeguard the enjoyment of these rights from environmental threats caused or exacerbated by human activities, such as sea-level rise, water scarcity, floods, droughts, desertification, land degradation, deforestation, pollution of air, water and soil, and storms. Where there is a risk of serious and irreversible environmental harm affecting Covenant rights, States Parties should apply the precautionary principle and take all measures necessary to prevent such harm even in the absence of scientific certainty.[[fn:21]] The obligation to fulfil requires States Parties to take appropriate legislative, administrative, financial, judicial and other measures to ensure the enjoyment of Covenant rights, including through the preservation, protection and restoration of ecosystems essential to those rights. This includes securing clean air, a safe climate, fertile land, and healthy ecosystems, including forests and wetlands, and the integrity of rivers and oceans.[[fn:22]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":20,"text":"Inter-American Court of Human Rights, Inhabitants of La Oroya v. Peru, judgment of 27 November 2023, para. 126; International Tribunal for the Law of the Sea, advisory opinion of 21 May 2024 on climate change and international law, para. 239; Inter-American Court of Human Rights, advisory opinion OC-32/25 of 29 May 2025 on the climate emergency and human rights, paras. 232–235; and International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, paras. 280–300."},{"n":21,"text":"General comment No. 25 (2020), para. 56; and Inter-American Court of Human Rights, advisory opinion OC-23/17, para. 242."},{"n":22,"text":"General comments No. 26 (2022), para. 38; and No. 15 (2002), para. 28."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0012","docId":"e-c-12-gc-27","idx":12,"n":12,"text":"12. While businesses can contribute to human rights and sustainable development, certain activities – such as fossil fuel extraction and use, large-scale mining, deforestation, and other practices leading to resource depletion and pollution – can significantly undermine the enjoyment of Covenant rights. States Parties must adopt legislative, administrative, educational and other appropriate measures to ensure effective protection against businessrelated violations of Covenant rights, including by establishing regulatory frameworks to oversee and monitor business activities. Effective mechanisms must also be in place to ensure accountability and provide redress to victims of business-related human rights abuses.[[fn:23]] In addition, States Parties should have a legal framework that requires business entities to exercise human rights and environmental due diligence to identify, monitor, prevent, mitigate and remedy adverse environmental impacts on Covenant rights arising from their decisions, operations and value chains.[[fn:24]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":23,"text":"A/HRC/17/31, annex, para. 25."},{"n":24,"text":"General comments No. 24 (2017), para. 16; and No. 26 (2022), para. 30."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0013","docId":"e-c-12-gc-27","idx":13,"n":13,"text":"13. Given the interdependent and indivisible nature of all human rights, States Parties must ensure the full enjoyment of procedural guarantees in environmental matters, including those concerning climate change mitigation, adaptation and reparation, access to information, inclusive and meaningful public participation in all relevant planning and decision-making processes, and access to justice and effective remedies.[[fn:25]] When Indigenous Peoples are affected, their rights to free, prior and informed consent must be respected and protected.[[fn:26]] States Parties should respect, protect and promote the work of environmental and Indigenous human rights defenders, as well as other civil society actors who support people in marginalized and disadvantaged situations, in realizing their Covenant rights.[[fn:27]] States Parties should take all measures necessary to ensure that environmental human rights defenders and journalists can carry out their work, without fear of harassment, intimidation or violence, including by protecting them from harm by third parties.[[fn:28]] International and domestic decision-making must also be governed by integrity safeguards, such as transparency, conflict-of-interest controls and anti-capture measures, so that outcomes are free from undue influence that may impair the right to a clean, healthy and sustainable environment.","labels":["Indigenous peoples","Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":25,"text":"General comment No. 25 (2020), paras. 53–56; Rio Declaration, principle 10; Aarhus Convention; and Escazú Agreement."},{"n":26,"text":"J.T. et al. v. Finland (E/C.12/76/D/251/2022-E/C.12/76/D/289/2022) para. 14.6; and general comment No. 24 (2017), paras. 12 and 17."},{"n":27,"text":"General comments No. 15 (2002), para. 59; and No. 18 (2005), para. 51."},{"n":28,"text":"General Assembly resolution 78/216, paras. 18, 21 and 27."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0014","docId":"e-c-12-gc-27","idx":14,"n":14,"text":"14. Where an activity is determined to pose a significant risk to the environment and thereby affect the enjoyment of Covenant rights, States Parties must conduct environmental and human rights impact assessments, as they form core components of procedural obligations.[[fn:29]] The assessments should be conducted prior to the activity, be independent, consider cumulative impacts, and, in cases involving activities that may affect Indigenous Peoples’ territories, be carried out in a manner that respects their culture.[[fn:30]] Such assessments should be conducted with meaningful public participation, and the results should be made public and used to inform measures to prevent, cease and remedy any human rights violations or abuses.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":29,"text":"Pulp Mills on the River Uruguay (Argentina v. Uruguay), Judgment, I.C.J. Reports 2010, para. 204; and Inter-American Court of Human Rights, advisory opinion OC-23/17, para. 160."},{"n":30,"text":"J.T. et al. v. Finland, para. 14.6."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0015","docId":"e-c-12-gc-27","idx":15,"n":15,"text":"15. Respecting, protecting and fulfilling Covenant rights requires addressing the root causes of the interconnected crises of climate change, biodiversity loss and pollution. These are driven by unsustainable patterns of production and consumption, and an economic model based on unlimited growth. A transition to an economy that is centred on human rights and the well-being of the planet is imperative to ensure equal enjoyment of human rights within the Earth’s ecological limits.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0016","docId":"e-c-12-gc-27","idx":16,"n":16,"text":"16. In particular, climate change is already having a severe impact on the enjoyment of Covenant rights, and is exacerbating other environmental challenges, requiring both systemic transformation and concrete policy measures. Under the Covenant, States Parties are obliged to adopt and implement both mitigation and adaption measures to protect Covenant rights from the effects of climate change, and to provide reparation for the adverse impacts of climate change. These measures must reflect the highest possible ambition to meet the global temperature goal, aiming to avoid the worst climate-related harms and uphold human rights and sustainable development. In designing and implementing mitigation and adaptation measures, States Parties must ensure that these are disability-inclusive[[fn:31]] and address structural discrimination or inequality, paying particular attention to the rights of individuals and groups in vulnerable situations.[[fn:32]]","labels":["Persons affected by natural disasters","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":31,"text":"See https://www.ohchr.org/sites/default/files/documents/hrbodies/crpd/statements/2024-11-19-stm-disability-Inclusion-Climate-Action.docx."},{"n":32,"text":"HRI/2019/1, para. 13."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0017","docId":"e-c-12-gc-27","idx":17,"n":17,"text":"17. To mitigate climate change, States Parties must take all available measures, based on the best available scientific evidence, to reduce greenhouse gas emissions in line with the temperature goal set out in the Paris Agreement.[[fn:33]] If the current pace of fossil fuel production continues, global greenhouse gas emissions are likely to exceed the level compatible with the Paris Agreement temperature goal, with far-reaching implications for the realization of Covenant rights. Furthermore, States Parties should phase down the expansion of fossil fuel infrastructure, whether by public authorities or private actors, and phase out inefficient fossil fuel subsidies that do not address energy poverty or just transitions.[[fn:34]] States Parties should make all efforts to promote renewable energy, phase down unabated coal power, and transition away from fossil fuels in energy systems, in a just, orderly and equitable manner.[[fn:35]] Developed States, in line with the principle of common but differentiated responsibilities and respective capabilities, should lead mitigation efforts and provide financial and technological assistance to developing States to enable their effective climate action.[[fn:36]] Mitigation measures also include enhancing energy efficiency; reducing waste generation through prevention, recycling and reuse; minimizing food waste; transitioning towards sustainable food systems consistent with human rights; and promoting the construction of carbon-neutral housing.[[fn:37]]","labels":["Persons affected by natural disasters","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":33,"text":"Paris Agreement, art. 2; Glasgow Climate Pact, decision 1/CMA/3, para. 21; outcome of the first global stocktake, decision 1/CMA.5 (2023), para. 38; and International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, para. 224."},{"n":34,"text":"E/C.12/NOR/CO/6, para. 11; HRI/2019/1, para. 12; and United Nations Framework Convention on Climate Change decision 1/CMA.5, para. 28."},{"n":35,"text":"Pact for the Future, General Assembly resolution 79/1, para. 28 (c)."},{"n":36,"text":"Paris Agreement, art. 4 (4); International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, paras. 247 and 248; and Inter-American Court of Human Rights, advisory opinion OC-32/25, paras. 328–330."},{"n":37,"text":"A/HRC/56/46, paras. 7–14."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0018","docId":"e-c-12-gc-27","idx":18,"n":18,"text":"18. Forests, land, wetlands and marine ecosystems play a critical role in climate change mitigation and adaptation, serving as natural sinks and reservoirs for greenhouse gases. States Parties must take all measures necessary to conserve, protect and restore these ecosystems, including by halting and reversing deforestation, land and forest degradation and marine pollution.[[fn:38]] In accordance with the precautionary principle, unproven climate-related technologies should not be used until their environmental risks and potential impacts on Covenant rights are fully understood and assessed.[[fn:39]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":38,"text":"General Assembly resolution 79/1, para. 28 (e); and International Tribunal for the Law of the Sea, advisory opinion on climate change and international law, pp. 151 and 152."},{"n":39,"text":"A/74/161, para. 83; and Conference of the Parties to the Convention on Biological Diversity, decision X/33 (2010), para. 8 (w), and decision XIII/14 (2016), para. 6."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Obligations to respect, protect and fulfil"]},{"id":"e-c-12-gc-27-0019","docId":"e-c-12-gc-27","idx":19,"n":19,"text":"19. Progressive realization requires States Parties to take deliberate, concrete and targeted steps towards the full realization of Covenant rights, moving as expeditiously and effectively as possible.[[fn:40]] To monitor and evaluate this progress, it is essential to incorporate appropriate indicators and time-bound targets. States Parties must fully integrate sustainability when designing laws, policies and programmes to ensure the realization of these rights for present and future generations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":40,"text":"General comment No. 3 (1990), para. 9."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Progressive realization (art. 2 (1))"]},{"id":"e-c-12-gc-27-0020","docId":"e-c-12-gc-27","idx":20,"n":20,"text":"20. Progress in realizing Covenant rights cannot be considered adequate if it fails to address existing inequalities or exacerbates disparities in their enjoyment. Progressive realization must be guided by the principle of non-discrimination and equality, beginning with satisfaction of the minimum essential levels of each right. States Parties must improve the fulfilment of these rights for all, while prioritizing individuals and groups in marginalized or disadvantaged situations, who are often most affected by environmental degradation and possess fewer resources to respond.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Progressive realization (art. 2 (1))"]},{"id":"e-c-12-gc-27-0021","docId":"e-c-12-gc-27","idx":21,"n":21,"text":"21. The principle of progressive realization entails the prohibition of retrogression.[[fn:41]] It means that States Parties must refrain from adopting any measures that would diminish the level of realization of Covenant rights. If a measure of retrogressive nature is proposed, it must be fully justified in the light of the totality of the Covenant rights and full use of the maximum available resources. Such measures require the most careful consideration of whether they are temporary, necessary, proportionate and non-discriminatory, and of the extent to which they affect the minimum core content of the rights concerned.[[fn:42]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":41,"text":"General comment No. 3 (1990), para. 9."},{"n":42,"text":"E/C.12/2016/1, para. 4; E/C.12/2007/1, para. 10; and Ben Djazia and Bellili v. Spain (E/C.12/61/D/5/2015), para. 17.6."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Progressive realization (art. 2 (1))"]},{"id":"e-c-12-gc-27-0022","docId":"e-c-12-gc-27","idx":22,"n":22,"text":"22. Examples of retrogression may include a weakening of environmental regulations that increases health risks, or reducing access to clean water and sanitation.[[fn:43]] Failure to consider the long-term impacts of environmental degradation – such as climate change, biodiversity loss and pollution – on future generations may also amount to impermissible retrogression.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":43,"text":"Inter-American Court of Human Rights, Inhabitants of La Oroya v. Peru, judgment of 27 November 2023, paras. 186 and 187."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Progressive realization (art. 2 (1))"]},{"id":"e-c-12-gc-27-0023","docId":"e-c-12-gc-27","idx":23,"n":23,"text":"23. The full realization of Covenant rights must occur within the planet’s ecological limits. Measures addressing excessive levels of production and consumption – particularly where such patterns threaten the long-term realization of rights – should not be considered retrogressive. Conversely, measures whereby a State sustains or promotes consumption patterns that cause significant environmental harm, thereby undermining the equitable realization of rights over time, may constitute retrogression.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Progressive realization (art. 2 (1))"]},{"id":"e-c-12-gc-27-0024","docId":"e-c-12-gc-27","idx":24,"n":24,"text":"24. The term “resources” in article 2 (1) of the Covenant includes human, financial, technical, natural, cultural and scientific resources, whether from public, private, domestic or international sources.[[fn:44]] States Parties must mobilize and allocate the maximum available resources for the progressive realization of Covenant rights, in a manner compatible with ecological limits and the objectives of sustainable development. This includes preventing harm from environmental degradation, such as climate change, pollution and biodiversity loss, and ensuring that these rights are fully respected, protected and fulfilled throughout the transition to a sustainable economy.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":44,"text":"General comments No. 3 (1990), para. 13; and No. 24 (2017), para. 23."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Maximum available resources (art. 2 (1))"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-c-12-gc-27-0025","docId":"e-c-12-gc-27","idx":25,"n":25,"text":"25. States Parties should enhance resource availability by taking measures such as combating tax evasion, tax avoidance and corruption, and by strengthening progressive tax systems, while avoiding undue burdens on disadvantaged individuals and groups.[[fn:45]] Fiscal policies should be sustainable, support a just transition to low-carbon economies, and protect low-income households from increased costs during this transition. Broadly, fiscal policies should incentivize sustainable development models and should be shaped through transparent and participatory processes. Addressing economic and structural inequalities is essential for the full realization of Covenant rights and for advancing sustainable development. Equitable access to land, natural resources and scientific research must also be guaranteed.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":45,"text":"See E/C.12/2025/1."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Maximum available resources (art. 2 (1))"]},{"id":"e-c-12-gc-27-0026","docId":"e-c-12-gc-27","idx":26,"n":26,"text":"26. Natural resources are integral to human well-being, and their sustainable use contributes to the realization of Covenant rights, through clean water, sanitation, air, food, and healthy ecosystems.[[fn:46]] States Parties must incorporate an ecosystem approach that promotes the conservation, sustainable use and equitable sharing of natural resources, including access to land and water.[[fn:47]] These resources must be managed sustainably for present and future generations, including through incentives for sustainable practices and through investment in climate adaptation. The vital role of Indigenous Peoples and traditional communities in maintaining biodiversity and ecosystems must be also recognized, and their traditional livelihoods, cultural practices and world views should be respected and, where compatible with human rights and sustainability, supported.[[fn:48]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":46,"text":"Millennium Ecosystem Assessment, Ecosystems and Human Well-being: Synthesis (Washington, D.C., Island Press, 2005)."},{"n":47,"text":"General comment No. 26 (2022), para. 38; General Assembly resolution 73/284, para. 3; Convention on Biological Diversity, art. 2; and Conference of the Parties to the Convention on Biological Diversity, decision V/6 (2000)."},{"n":48,"text":"Conference of the Parties to the Convention on Biological Diversity, decision X/33 (2010), para. 8 (i) and (v)."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","A. General obligations","Maximum available resources (art. 2 (1))"]},{"id":"e-c-12-gc-27-0027","docId":"e-c-12-gc-27","idx":27,"n":27,"text":"27. In its general comment No. 3 (1990), the Committee affirms that States Parties have a core obligation to ensure, at a minimum, essential levels of each right recognized in the Covenant. This remains applicable in situations of conflict, emergency or natural disaster.[[fn:49]] In the context of environmental degradation and the transition to sustainable economies, this includes access to essential healthcare, basic shelter and housing, safe and sufficient water and sanitation, adequate and safe food, and education that meets minimum standards. This obligation also includes guaranteeing access to essential public services and basic income security, including through social protection systems,[[fn:50]] and to just and favourable conditions of work, including occupational safety and minimum wages that ensure a decent living.[[fn:51]] Cultural participation and access to the benefits of scientific progress and its applications essential for the enjoyment of human rights must also be ensured.[[fn:52]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":49,"text":"E/C.12/2001/10, para. 17."},{"n":50,"text":"E/C.12/2015/1, para. 8."},{"n":51,"text":"General comment No. 23 (2016), para. 65."},{"n":52,"text":"General comments No. 21 (2009), para. 55; and No. 25 (2020), para. 52."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","B. Core obligations"]},{"id":"e-c-12-gc-27-0028","docId":"e-c-12-gc-27","idx":28,"n":28,"text":"28. Furthermore, States Parties have a core obligation to safeguard the environmental conditions necessary for realizing essential levels of Covenant rights in the short, medium and long term, including protecting sources of water for domestic use, reducing pollutants and preserving critical ecosystems such as forests and wetlands. As a matter of priority, States Parties must make every effort, using all available resources, to prevent – and where prevention is not possible, to mitigate – environmental harm that threatens the realization of essential levels of Covenant rights. Where harm occurs, States Parties must ensure access to effective remedies and reparations. Policies and measures to safeguard these fundamental environmental conditions must be designed in full respect of Covenant rights, ensuring that they do not undermine the essential levels of their enjoyment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","B. Core obligations"]},{"id":"e-c-12-gc-27-0029","docId":"e-c-12-gc-27","idx":29,"n":29,"text":"29. The Committee recalls that a failure to meet minimum core obligations can only be justified by a demonstrated effort to use all available resources to satisfy, as a matter of priority, those minimum obligations.[[fn:53]] States Parties should further ask the international community for assistance in implementing its core obligations. In particular, it is incumbent upon States Parties and other actors in a position to provide international assistance and cooperation to enable countries with fewer resources to fulfil their core obligations,[[fn:54]] which is especially urgent in disaster and emergency situations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":53,"text":"General comment No. 3 (1990), para. 10."},{"n":54,"text":"General comment No. 14 (2000), para. 45."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","B. Core obligations"]},{"id":"e-c-12-gc-27-0030","docId":"e-c-12-gc-27","idx":30,"n":30,"text":"30. The Committee has previously affirmed the obligation of States Parties to respect and protect the enjoyment of Covenant rights beyond their borders,[[fn:55]] consistently addressing these obligations during the examination of States Parties’ periodic reports, particularly in relation to business activities. In the context of environmental degradation, it is incumbent upon States Parties to prevent foreseeable harm to the enjoyment of Covenant rights in other countries resulting from climate change, pollution or unsustainable development. This includes regulating activities under their effective control that contribute to such harm. These obligations are reinforced by a systematic interpretation of the Covenant, consistent with international environmental law.[[fn:56]] The obligation to prevent significant environmental harm to other States is a firmly established customary rule.[[fn:57]] It requires States to use all the means at their disposal “to avoid activities which take place in its territory, or in any area under its jurisdiction, causing significant damage to the environment of another State”.[[fn:58]] Where transboundary environmental harm occurs, States Parties must mitigate and remedy the impacts on Covenant rights.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":55,"text":"General comments No. 15 (2002), para. 31; No. 24 (2017), paras. 26–37; and No. 26 (2022), paras. 40–47."},{"n":56,"text":"Sacchi et al. v. Argentina (CRC/C/88/D/104/2019), para. 10.5."},{"n":57,"text":"International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, para. 272."},{"n":58,"text":"Pulp Mills on the River Uruguay (Argentina v. Uruguay), Judgment, I.C.J. Reports 2010, para. 101."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","Extraterritorial obligations"]},{"id":"e-c-12-gc-27-0031","docId":"e-c-12-gc-27","idx":31,"n":31,"text":"31. States Parties also have an extraterritorial obligation to prevent the activities of business enterprises under their jurisdiction from causing environmental harm that affects the enjoyment of Covenant rights in other countries.[[fn:59]] To this end, States Parties are expected to adopt appropriate regulatory and policy measures to ensure that business entities domiciled in their territory or under their jurisdiction respect human rights, including by conducting human rights and environmental due diligence throughout their operations and value chains. States Parties are also expected to establish accessible judicial and non-judicial mechanisms to ensure accountability and provide remedies for human rights abuses by business enterprises operating transnationally, particularly where effective remedies are unavailable or ineffective in the State where the harm occurs.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":59,"text":"Inter-American Court of Human Rights, advisory opinion OC-32/25, paras. 345–350."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","Extraterritorial obligations"]},{"id":"e-c-12-gc-27-0032","docId":"e-c-12-gc-27","idx":32,"n":32,"text":"Where States Parties support or engage in investments abroad, particularly in large-scale projects, they should ensure – including, where appropriate, by requiring – that such investments are subject to effective human rights due diligence, and do not impair the ability of the receiving States to fulfil their obligations under the Covenant,[[fn:60]] including preventing and mitigating environmental degradation. States Parties should take measures, including through appropriate regulatory and treaty frameworks, to reduce the risk of business enterprises under their jurisdiction misusing investment treaties or investor-State dispute settlement mechanisms in ways that undermine environmental regulations or Covenant rights in other States.[[fn:61]] States Parties should also maintain adequate domestic policy space, including environmental regulations, for realizing the Covenant rights when pursuing business-related policy objectives with other States or business enterprises, for instance through investment treaties or contracts.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":60,"text":"General comment No. 26 (2022), para. 44; and Inter-American Court of Human Rights, advisory opinion OC-32/25, para. 351."},{"n":61,"text":"See A/78/168."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","Extraterritorial obligations"]},{"id":"e-c-12-gc-27-0033","docId":"e-c-12-gc-27","idx":33,"n":33,"text":"33. Responding to transboundary environmental challenges, such as climate change, pollution and biodiversity loss, which threaten the enjoyment of Covenant rights, requires an effective global response. States Parties must take steps, individually and through international assistance and cooperation, to mitigate and adapt to climate change, and to address biodiversity loss and environmental degradation, in line with the objectives of sustainable development.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0034","docId":"e-c-12-gc-27","idx":34,"n":34,"text":"34. In implementing their obligation of assistance and cooperation, States Parties should consider historical contributions to environmental degradation, different capabilities, and the specific needs of developing countries. The principle of common but differentiated responsibilities and respective capabilities is essential for a just and equitable transition from a fossil fuel-based economy.[[fn:62]] Priority areas of cooperation include climate finance, technology transfer, capacity-building, information-sharing, addressing loss and damage, and securing fair and durable solutions for climate-induced displacement and migration. Combating illicit financial flows, including tax evasion and avoidance, is critical to enhancing States’ capacities for environmental and climate action.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":62,"text":"United Nations Framework Convention on Climate Change, preamble and art. 3 (1); and Paris Agreement, art. 2 (2)."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0035","docId":"e-c-12-gc-27","idx":35,"n":35,"text":"35. Developed States should support developing States that have more limited capacities in achieving a just and equitable transition. This includes providing climate finance and transferring environmentally sound technologies to support mitigation, adaptation and reparations, particularly for countries least responsible but most affected.[[fn:63]] In line with the principle of equity, assistance to low-income countries with high debt burdens should be provided as grants rather than loans to avoid exacerbating debt distress.[[fn:64]] Where necessary to restore sustainability and protect Covenant rights, debt restructuring, relief or cancellation should be considered. A just transition must reduce, not reinforce, inequalities both within and between countries.[[fn:65]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":63,"text":"General comment No. 26 (2022), para. 58; and Committee on the Rights of the Child, general comment No. 26 (2023), paras. 111–115."},{"n":64,"text":"General Assembly resolution 79/1, para. 28; and A/HRC/55/54, para. 53."},{"n":65,"text":"Sustainable Development Goal 10."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0036","docId":"e-c-12-gc-27","idx":36,"n":36,"text":"36. Given the central role of science and technology in advancing sustainable development and responding to environmental crises, States Parties must facilitate the transfer of, and access to, relevant technology and scientific research necessary to realize Covenant rights. Intellectual property regimes must not hinder access to such technology.[[fn:66]] States Parties should recognize and support diverse knowledge systems, including the traditional knowledge, innovations and practices of Indigenous Peoples, peasants and other rural communities, which are essential to biodiversity conservation and climate change mitigation and adaptation.[[fn:67]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":66,"text":"E/C.12/2018/1, para. 7; and general comment No. 25 (2020), paras. 62, 79 and 80."},{"n":67,"text":"Convention on Biological Diversity, art. 8 (j)."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0037","docId":"e-c-12-gc-27","idx":37,"n":37,"text":"37. International assistance and cooperation should be grounded in equity, mutual respect and accountability, and structured to avoid undermining the sustainable development of recipient countries.[[fn:68]] Financing for environmental and climate action should expand fiscal space to support mitigation, adaptation and reparations, while reinforcing social protection systems that are vital to ensuring the minimum essential levels of enjoyment of Covenant rights. States Parties receiving assistance are obliged to use it effectively for the realization of Covenant rights, especially minimum core obligations, giving priority to people in vulnerable situations.[[fn:69]] States Parties and providers of international assistance must ensure that environmental measures supported through international cooperation are implemented with the meaningful participation of affected individuals and communities, and with the free, prior and informed consent of Indigenous Peoples.","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":68,"text":"Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights, principle 32."},{"n":69,"text":"Ibid., principle 34."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0038","docId":"e-c-12-gc-27","idx":38,"n":38,"text":"38. States Parties should create an international environment conducive to the full realization of Covenant rights, including in areas such as trade, investment, taxation, finance, environmental protection, climate policy and development cooperation.[[fn:70]] States Parties should exercise their roles and responsibilities within the international financial architecture, including in international forums such as the International Monetary Fund and the World Bank, and in the negotiation and implementation of trade and investment treaties, to ensure that decisions in these spaces advance the realization of Covenant rights.[[fn:71]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":70,"text":"Ibid., principle 29."},{"n":71,"text":"E/C.12/2016/1, paras. 7–9."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","C. International obligations","International assistance and cooperation (art. 2 (1))"]},{"id":"e-c-12-gc-27-0039","docId":"e-c-12-gc-27","idx":39,"n":39,"text":"39. While environmental degradation, including climate change, affects everyone, systemic inequalities, discrimination and historical exclusion from decision-making processes have led to disproportionately severe impacts on certain individuals and groups, often exacerbating existing inequalities, based on factors such as socioeconomic status, race, colour, gender, disability, age, migratory status, sexual orientation and gender identity. Individuals and groups in vulnerable situations, particularly those who experience intersecting forms of disadvantage, face disproportionate harm and possess fewer resources to respond.[[fn:72]] States Parties must identify and prioritize the needs of individuals and groups in vulnerable or marginalized situations, taking into account intersectionality. They must address structural and systemic discrimination and inequality, and safeguard such individuals and communities from human rights risks arising both from environmental harm and from measures taken in response.[[fn:73]] In doing so, States Parties must also take into account the rights of future generations to equal enjoyment of all human rights, and refrain from acts or omissions likely to result in or perpetuate discrimination against them.[[fn:74]]","labels":["LGBTI+","Persons affected by natural disasters","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":72,"text":"Intergovernmental Panel on Climate Change, Summary for policymakers, in Climate Change 2023: Synthesis Report, Contribution of Working Groups I, II and III to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change; and A/79/270, para. 88."},{"n":73,"text":"E/C.12/2019/1, paras. 6–10."},{"n":74,"text":"Maastricht Principles on the Human Rights of Future Generations, principle 6."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equality and non-discrimination (art. 2 (2))"]},{"id":"e-c-12-gc-27-0040","docId":"e-c-12-gc-27","idx":40,"n":40,"text":"40. Heavily polluting and hazardous facilities – including open-pit mines, smelters, petroleum refineries, chemical plants, coal-fired power stations, oil and gas fields, steel plants, waste dumps and hazardous waste incinerators – are often located in or near disadvantaged and marginalized communities.[[fn:75]] The principle of non-discrimination and equality requires States Parties to address systemic patterns of marginalization and environmental injustices, particularly those linked to intersecting forms of discrimination, including racism and colonial legacies.[[fn:76]] This includes prioritizing mitigation, adaptation, remediation, reparation and environmental restoration measures for communities that bear a disproportionate burden of exposure to pollution and toxic contamination.[[fn:77]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":75,"text":"A/HRC/49/53, para. 28."},{"n":76,"text":"A/77/549, para. 77."},{"n":77,"text":"A/HRC/49/53, para. 57."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equality and non-discrimination (art. 2 (2))"]},{"id":"e-c-12-gc-27-0041","docId":"e-c-12-gc-27","idx":41,"n":41,"text":"41. States Parties must ensure equal access to natural resources for Indigenous Peoples, peasants and people in rural communities who depend on nature for subsistence and their cultural identity. States Parties must also prevent and address harmful practices by private actors, such as pollution-intensive operations or carbon-offset projects, that disproportionately affect individuals and groups in marginalized situations.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equality and non-discrimination (art. 2 (2))"]},{"id":"e-c-12-gc-27-0042","docId":"e-c-12-gc-27","idx":42,"n":42,"text":"42. Achieving equality between men and women in the enjoyment of Covenant rights in all policy areas is a precondition for sustainable development. Women and girls often face legal, social and economic disadvantages rooted in unequal power relations and patriarchal structures. The environmental crises exacerbate existing gender inequalities, particularly in access to land, natural resources, and essential services, including healthcare, food, water, sanitation and waste treatment.[[fn:78]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":78,"text":"E/2022/27, chap. I, sect. A, para. 46."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equal rights of men and women (art. 3)"]},{"id":"e-c-12-gc-27-0043","docId":"e-c-12-gc-27","idx":43,"n":43,"text":"43. Women and girls are disproportionately exposed to harmful effects from toxic substances, waste and pollution, with serious implications for their health and well-being.[[fn:79]] For women in rural areas, secure access to land is a critical resource for subsistence, access to essential goods and services, and protection from violence.[[fn:80]] In addressing environmental crises and fulfilling their obligation to ensure substantive equality, States Parties must guarantee women’s access to, control over and secure tenure of land and other means necessary for food security and livelihoods.[[fn:81]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":79,"text":"A/HRC/52/33, paras. 15, 18, 29 and 33."},{"n":80,"text":"General comment No. 26 (2022), para. 14."},{"n":81,"text":"General comment No. 16 (2005), para. 28."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equal rights of men and women (art. 3)"]},{"id":"e-c-12-gc-27-0044","docId":"e-c-12-gc-27","idx":44,"n":44,"text":"44. Gender inequality is compounded by the unequal burden of unpaid care and domestic work on women, and is intensified by climate change – for example, the increased time and effort required to secure water, or altering work patterns due to rising temperatures.[[fn:82]] States Parties should recognize, reduce and redistribute unpaid care and support work, by ensuring accessible, rights-based care and support systems, and by promoting an equitable sharing of responsibilities between men and women, and among the State, families, communities and the private sector.[[fn:83]]","labels":["Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":82,"text":"E/2022/27, chap. I, sect. A, paras. 23, 38, 47 and 62 (jj); and A/HRC/41/26, para. 8."},{"n":83,"text":"A/HRC/58/43, para. 72 (a)."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equal rights of men and women (art. 3)"]},{"id":"e-c-12-gc-27-0045","docId":"e-c-12-gc-27","idx":45,"n":45,"text":"45. States Parties should integrate a gender-responsive and whole-of-government approach into all sustainable development policies, especially relating to disaster risk reduction, climate change, pollution, biodiversity protection and natural resource management.[[fn:84]] This includes gender-responsive financing and budgeting strategies. In the context of natural disasters and climate-related emergencies, States Parties must ensure that women have equal access to resources and means of protection, including timely warnings and other relevant information. States Parties also have a duty to ensure that women have access to accurate, affordable and culturally appropriate environmental information and education.[[fn:85]] These efforts should be informed by impact assessments that examine the differentiated effects of climate change and environmental degradation on women and girls.","labels":["Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":84,"text":"Committee on the Elimination of Discrimination against Women, general recommendation No. 37 (2018), para. 26; and A/HRC/41/26."},{"n":85,"text":"A/HRC/52/33, para. 66."}],"section":["III. Obligations of States Parties under the Covenant in the context of environmental degradation","D. Obligation of equality and non-discrimination (arts. 2 (2) and 3)","Equal rights of men and women (art. 3)"]},{"id":"e-c-12-gc-27-0046","docId":"e-c-12-gc-27","idx":46,"n":46,"text":"46. Articles 1 (2) and 25 of the Covenant affirm the right of peoples to freely pursue their economic, social and cultural development and dispose of their natural wealth and resources, as an essential aspect of their self-determination. This right entails that peoples are the primary beneficiaries of exploitation of their natural resources. Each State Party must ensure that such exploitation, whether by national or foreign entities, is adequately regulated, so that the benefits are fairly and equitably shared in ways that advance Covenant rights.[[fn:86]] In pursuing equitable and sustainable development, each State Party retains policy space best suited to its particular context, to determine the most appropriate mix of economic and social measures, provided that these are consistent with its obligations under the Covenant. Taxation, subsidies and licensing regimes related to resource extraction should be designed to mobilize resources effectively for the realization of Covenant rights, while minimizing environmental harm.[[fn:87]] Contracts with business entities for the extraction of natural resources should avoid the privatization of natural wealth and ensure the fair and equitable sharing of benefits, in accordance with article 1 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":86,"text":"E/C.12/COD/CO/4, para. 13; E/C.12/MRT/CO/1, para. 8; and E/C.12/1/Add.33, para. 10."},{"n":87,"text":"E/C.12/CMR/CO/4, para. 15; and E/C.12/FIN/CO/6, para. 9 (c)."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to self-determination (art. 1) and right to freely utilize natural resources (art. 25)"],"citedArticles":[{"treaty":"ICESCR","article":"1","paragraph":"2","source":"regex"},{"treaty":"ICESCR","article":"25","source":"regex"},{"treaty":"ICESCR","article":"1","source":"regex"}]},{"id":"e-c-12-gc-27-0047","docId":"e-c-12-gc-27","idx":47,"n":47,"text":"47. States Parties must uphold procedural safeguards in all decision-making related to the exploitation of natural resources, including ensuring meaningful public participation, access to timely and comprehensible information, and adherence to human rights principles throughout the licensing and concession processes.[[fn:88]] Where Indigenous Peoples are affected, their right to free, prior and informed consent must be fully respected and protected.[[fn:89]] The issuance of licences or permits must be preceded by independent and participatory environmental and human rights impact assessments, aimed at identifying potential harm to Covenant rights and local ecosystems.[[fn:90]] These assessments should inform decision-making and be accompanied by effective mechanisms for redress, particularly for affected communities, peasants and Indigenous Peoples.[[fn:91]]","labels":["Indigenous peoples"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":88,"text":"General comment No. 25 (2020), paras. 53–56."},{"n":89,"text":"General comment No. 26 (2022), paras. 15, 21 and 58; and J.T. et al. v. Finland, para. 14.6."},{"n":90,"text":"E/C.12/KAZ/CO/2, para. 17 (e)."},{"n":91,"text":"General comment No. 24 (2017), paras. 17, 18 and 32; and United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, art. 5 (2)."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to self-determination (art. 1) and right to freely utilize natural resources (art. 25)"]},{"id":"e-c-12-gc-27-0048","docId":"e-c-12-gc-27","idx":48,"n":48,"text":"48. States Parties must exercise their right to dispose of natural resources in accordance with the principles of sustainability, intergenerational equity, and the prohibition of transboundary environmental harm.[[fn:92]] Overexploitation undermines the enjoyment of Covenant rights, which depend on a healthy environment. Where communities are directly affected by extractive activities, States Parties should ensure mitigation, fair compensation, and accountability, including requiring polluters, including business entities, to cover the costs of harm and environmental rehabilitation.[[fn:93]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":92,"text":"Rio Declaration, principles 2 and 3."},{"n":93,"text":"Rio Declaration, principle 16; and E/C.12/MLI/CO/1, para. 44."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to self-determination (art. 1) and right to freely utilize natural resources (art. 25)"]},{"id":"e-c-12-gc-27-0049","docId":"e-c-12-gc-27","idx":49,"n":49,"text":"49. Changes in environmental conditions pose growing risks to employment and income, especially in climate-sensitive sectors such as agriculture and fisheries. While the transition to environmentally sustainable economies can generate new decent work opportunities, it may also result in job losses in fossil fuel-reliant sectors.[[fn:94]] States Parties should assess, in a participatory manner, the impacts of both environmental degradation and policy responses on employment opportunities across all sectors, in line with their human rights obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":94,"text":"ILO, Guidelines for a just transition towards environmentally sustainable economies and societies for all, para. 12 (d)."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to work (art. 6)"]},{"id":"e-c-12-gc-27-0050","docId":"e-c-12-gc-27","idx":50,"n":50,"text":"50. On the basis of such assessments, States Parties should formulate and implement policies to expand decent work opportunities during the transition to sustainable economies, paying particular attention to young people, women, and persons in vulnerable or marginalized situations.[[fn:95]] Measures should ensure that workers in transition-affected sectors have access to vocational training, career guidance, reskilling and other support to facilitate their transition to green jobs. Employment generation should also be promoted, including by expanding public services and through ecosystem restoration initiatives.[[fn:96]] States Parties should recognize and support workers in the informal economy contributing to climate resilience and a circular economy, and take measures to facilitate their transition to formal employment.","labels":["Adolescents","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":95,"text":"ILO, ILC.111/Resolution V, para. 21 (g)."},{"n":96,"text":"ILO, Guidelines for a just transition, para. 29 (f)."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to work (art. 6)"]},{"id":"e-c-12-gc-27-0051","docId":"e-c-12-gc-27","idx":51,"n":51,"text":"51. Rapid environmental changes increase risks to working conditions and exacerbate existing ones, particularly through extreme weather and rising temperatures which endanger workers’ health and safety. States Parties should assess these risks across all sectors and adopt preventive and protective measures to ensure just and favourable conditions of work, including in the informal economy. This includes addressing both physical and mental health impacts, ensuring access to support services, safeguarding working conditions in emerging green sectors such as renewable energy and the circular economy, and ecosystem restoration.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to just and favourable conditions of work (art. 7)"]},{"id":"e-c-12-gc-27-0052","docId":"e-c-12-gc-27","idx":52,"n":52,"text":"52. States Parties should monitor and regulate workplaces effectively in order to address climate-related health and safety risks, including through robust labour inspection systems, and should undertake these efforts in meaningful dialogue with workers and their representatives. Regulatory frameworks should require business entities to protect workers’ health and safety,[[fn:97]] and to integrate decent and productive work into their climate and environmental strategies and due diligence.[[fn:98]] Policies should include safeguards and be aligned with internationally recognized standards, such as the core labour standards of the International Labour Organization and relevant frameworks for responsible business conduct and investment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":97,"text":"Ibid., para. 26 (j)."},{"n":98,"text":"ILO, Greening Enterprises: Transforming Processes and Workplaces."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to just and favourable conditions of work (art. 7)"]},{"id":"e-c-12-gc-27-0053","docId":"e-c-12-gc-27","idx":53,"n":53,"text":"53. Trade unions and their collective actions play an important role in advocating for just and favourable conditions of work and protecting workers from the impacts of environmental change and related measures. States Parties must ensure that trade unions and workers’ councils are able to meaningfully participate – through social dialogue and other mechanisms – in assessing risks to working conditions, and in designing policies to address them at the national, sectoral and workplace levels.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to form and join trade unions (art. 8)"]},{"id":"e-c-12-gc-27-0054","docId":"e-c-12-gc-27","idx":54,"n":54,"text":"54. Collective bargaining can be an effective mechanism for integrating environmental and climate-related concerns into workplace agreements, including provisions that ensure workers’ access to relevant environmental information, the right to refuse work that poses serious environmental risks or violates environmental legislation, protection for whistleblowers reporting environmental harm, occupational safety and health, sustainable transportation benefits, training on just transition, protection during climate-related disasters, and support for green procurement practices.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to form and join trade unions (art. 8)"]},{"id":"e-c-12-gc-27-0055","docId":"e-c-12-gc-27","idx":55,"n":55,"text":"55. Access to social security, healthcare and social services is essential for reducing vulnerability and inequality and enhancing people’s resilience to environmental risks. States Parties must ensure that social protection systems are adequately prepared to address the impacts of extreme weather, climate-related disasters and forced displacement. This includes incorporating climate and environmental risks, alongside life-cycle risks, into social protection systems, and linking these systems to vulnerability assessments.[[fn:99]] Effective preparedness and support requires the early identification of individuals and groups needing support, such as older persons, persons with disabilities, or those facing livelihood loss, to enable them to prepare for, cope with and recover from climate-related shocks. Social protection should be made to serve as a bridge between immediate humanitarian responses and long-term sustainable development.[[fn:100]]","labels":["Persons affected by armed conflict","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":99,"text":"ILO, World Social Protection Report 2024–26, p. 76."},{"n":100,"text":"Ibid., p. 31."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to social security (art. 9)"]},{"id":"e-c-12-gc-27-0056","docId":"e-c-12-gc-27","idx":56,"n":56,"text":"56. A well-designed social protection system plays a vital role in protecting individuals from the adverse effects of environmental policies and in facilitating the transition to green jobs and sustainable livelihoods. As a core obligation under the Covenant, States Parties must guarantee universal access to essential levels of social protection, including access to essential healthcare, and basic income security for children, for persons of working age unable to earn sufficient income for reasons such as sickness, unemployment, maternity or disability, and for older persons.[[fn:101]] Such protection must be sufficient to enable individuals and families to meet their basic needs, including adequate housing, water and sanitation, food, education, and, where relevant, disability-related costs. Furthermore, States Parties should take deliberate and targeted steps to progressively realize the right to social security, paying particular attention to those who remain unprotected, including women, workers in precarious employment relationships, and those in the informal economy.","labels":["Children","Persons with disabilities","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":101,"text":"General comment No. 19 (2007), para. 59 (a); and E/C.12/2015/1, paras. 7–9."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to social security (art. 9)"]},{"id":"e-c-12-gc-27-0057","docId":"e-c-12-gc-27","idx":57,"n":57,"text":"57. States Parties must ensure that social security systems are adequately funded, resilient to future shocks, and designed to meet long-term needs, using the maximum available resources. Where national resources and capacity are insufficient to ensure sustainable social protection systems, States Parties must seek international assistance and cooperation.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to social security (art. 9)"]},{"id":"e-c-12-gc-27-0058","docId":"e-c-12-gc-27","idx":58,"n":58,"text":"58. The right to an adequate standard of living requires States Parties to ensure that everyone has access to the goods and services necessary for an adequate standard of living, including adequate food, water and sanitation, clothing, housing, electricity, transport and communications.[[fn:102]] The reference in article 11 of the Covenant to “the continuous improvement of living conditions” must be understood in the light of the planet’s environmental limits. States Parties should promote transitions in areas such as food, water, housing and transport systems to ensure sustainability and resilience to environmental change.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":102,"text":"General comments No. 4 (1991); No. 12 (1999); and No. 15 (2002)."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-c-12-gc-27-0059","docId":"e-c-12-gc-27","idx":59,"n":59,"text":"59. The right to adequate food requires long-term access to sufficient, nutritious and culturally appropriate food through the sustainable use of natural resources, such as soil, water, seeds, biodiversity, agriculture and forests, particularly in rural areas and increasingly in urban settings. States Parties must promote a transformation of food systems consistent with human rights obligations – ensuring the long-term viability of production and distribution, increasing resilience to climate change, reducing pollution, and safeguarding biodiversity through its conservation and sustainable use.[[fn:103]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":103,"text":"Food and Agriculture Organization (FAO), Voluntary guidelines to support the progressive realization of the right to adequate food in the context of national food security: guideline 8E."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0060","docId":"e-c-12-gc-27","idx":60,"n":60,"text":"60. Article 11 (2) (a) of the Covenant requires States Parties to develop and reform agrarian systems “in such a way as to achieve the most efficient development and utilization of natural resources”. Efficiency must be understood to include sustainability – preserving the long-term capacity of natural resources – to support the enjoyment of Covenant rights. This includes measures to respect, protect and fulfil tenure security for all legitimate tenure rights to land, fisheries and forests, especially for individuals, communities and peoples in vulnerable or marginalized situations.[[fn:104]] Transitioning to sustainable food systems requires planning consistent with the right to adequate food, including spatial planning that prioritizes individuals and groups in disadvantaged or marginalized situations, such as small-scale farmers.[[fn:105]] Current agricultural policies and subsidies that support unsustainable land use and deplete natural resources must be transformed to enable food systems that ensure an adequate standard of living for present and future generations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":104,"text":"General comment No. 26 (2022), paras. 22–33."},{"n":105,"text":"United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, preamble and para. 7."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"],"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"2","source":"regex"}]},{"id":"e-c-12-gc-27-0061","docId":"e-c-12-gc-27","idx":61,"n":61,"text":"61. Industrial food systems – including production, transportation, processing, packaging, storage, retail, consumption and waste – can significantly contribute to climate change, biodiversity loss and the degradation of soil and water.[[fn:106]] Securing the right to food entails promoting sustainable farming practices, including, where appropriate, the adoption of agroecological approaches, to reduce carbon emissions, antibiotic overuse, and reliance on intensive industrial models. These practices also help prevent zoonotic diseases and crop diseases by enhancing biodiversity and reducing harmful practices such as large-scale monoculture and excessive pesticide use.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":106,"text":"Intergovernmental Panel on Climate Change, Climate Change and Land: An IPCC Special Report (2019), p. 439."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0062","docId":"e-c-12-gc-27","idx":62,"n":62,"text":"62. Limited access to safe water and sanitation is closely linked to poverty and inequality, and is exacerbated by water pollution, water scarcity, freshwater ecosystem degradation, and climate change.[[fn:107]] States Parties must prioritize water for personal, domestic use, and smallscale subsistence agriculture, and, as part of their core obligations, ensure universal access to safe and sufficient water and adequate sanitation, especially for those living in lowincome households and other disadvantaged or marginalized situations.[[fn:108]]","labels":["Persons affected by natural disasters","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":107,"text":"A/HRC/46/28, para. 31; and UN-Water and UNESCO, United Nations World Water Development Report 2020: Water and Climate Change, p. 2."},{"n":108,"text":"General comment No. 15 (2002), para. 37."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0063","docId":"e-c-12-gc-27","idx":63,"n":63,"text":"63. To that end, States Parties should adopt integrated strategies to ensure the right to water for present and future generations,[[fn:109]] including effective measures to prevent water pollution, to reduce unsustainable or inefficient use and to address distribution losses. States Parties are also required to enact and enforce regulatory frameworks to prevent businesses and other actors from polluting, overextracting from or degrading freshwater ecosystems. Water and sanitation infrastructure must be designed, built and maintained to be resilient to the impacts of extreme weather and natural disasters.[[fn:110]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":109,"text":"Ibid., para. 28."},{"n":110,"text":"A/HRC/46/28, para. 73."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0064","docId":"e-c-12-gc-27","idx":64,"n":64,"text":"64. As a significant share of the world’s freshwater resources lie in transboundary aquifers and river basins, the effective realization of the right to water and sanitation requires international cooperation,[[fn:111]] including regarding water quality, equitable distribution, flood management, climate change adaptation, and sustainable management of shared water resources.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":111,"text":"UN-Water and UNESCO, United Nations World Water Development Report 2024: Water for Prosperity and Peace, p. 7."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0065","docId":"e-c-12-gc-27","idx":65,"n":65,"text":"65. States Parties must take timely adaptation measures to ensure that housing is resilient to climate impacts, such as insulation, efficient heating, and cooling. States Parties must also adopt mitigation measures to reduce housing-related emissions, such as promoting sustainable materials, enhancing energy efficiency, and supporting the use of renewable energy for cooking, heating, cooling and lighting.[[fn:112]] Adaptation and mitigation measures must not undermine the right to adequate housing, especially for residents of informal settlements and persons in disadvantaged or marginalized situations, by increasing housing costs, energy poverty or homelessness, or reinforcing pre-existing inequalities.","labels":["Persons in street situations","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":112,"text":"A/HRC/52/28, para. 70."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0066","docId":"e-c-12-gc-27","idx":66,"n":66,"text":"66. Adequate urban and rural planning at the national and local levels should address climate change risks, disaster preparedness, pollution, access to water and waste management, affordable public transport, healthcare, social services, and income-generating opportunities.[[fn:113]] Planning should also incorporate net-zero building codes, green spaces, and measures to mitigate urban heat islands. Construction standards must promote climate resilience and reduce emissions.","labels":["Persons affected by natural disasters","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":113,"text":"Sustainable Development Goal 11."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to an adequate standard of living (art. 11)"]},{"id":"e-c-12-gc-27-0067","docId":"e-c-12-gc-27","idx":67,"n":67,"text":"67. The right to health requires States Parties to ensure access to timely, acceptable and affordable quality healthcare, and to provide for the underlying determinants of health.[[fn:114]] Laws and policies must prevent and reduce air, water and soil pollution, including contamination by heavy metals.[[fn:115]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":114,"text":"General comment No. 14 (2000), paras. 4, 11 and 12."},{"n":115,"text":"Ibid., paras. 36 and 51."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to the highest attainable standard of physical and mental health (art. 12)"]},{"id":"e-c-12-gc-27-0068","docId":"e-c-12-gc-27","idx":68,"n":68,"text":"68. Environmental degradation, climate change and biodiversity loss pose serious health risks, with disproportionate and inequitable impacts both within and between States. States Parties should take specific measures to protect and fulfil the right to health for those most affected by environmental harms. International assistance and cooperation are essential to addressing transboundary health risks linked to environmental degradation.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to the highest attainable standard of physical and mental health (art. 12)"]},{"id":"e-c-12-gc-27-0069","docId":"e-c-12-gc-27","idx":69,"n":69,"text":"69. Health policies and programmes must address both the physical and the mental health impacts of environmental degradation, including by building accessible, sustainable and resilient health systems. Attention should also be given to ensuring culturally appropriate healthcare services for all, including Indigenous Peoples, and to protecting practices and resources for traditional medicine. Intersectoral collaboration is vital to addressing the interrelated nature of human, animal and environmental health, and to promoting planetary health, on which human health ultimately depends. The meaningful participation of civil society organizations and representatives of disadvantaged or marginalized groups should be ensured throughout all stages of health planning to promote more inclusive outcomes.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to the highest attainable standard of physical and mental health (art. 12)"]},{"id":"e-c-12-gc-27-0070","docId":"e-c-12-gc-27","idx":70,"n":70,"text":"70. Health policymaking and resource allocation must account for long-term health challenges arising from environmental crises. States Parties must design, implement and maintain health systems and services that are resilient to environmental shocks and their associated economic and social impacts. Sustainable public investment is essential, both in the underlying determinants of health and in strengthening of the health system itself, including through the training, recruitment and retention of a sufficient number of healthcare workers, and the protection of their labour rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to the highest attainable standard of physical and mental health (art. 12)"]},{"id":"e-c-12-gc-27-0071","docId":"e-c-12-gc-27","idx":71,"n":71,"text":"71. Access to education, infrastructure, and learning outcomes are increasingly affected by environmental degradation. Extreme weather, sea-level rise, floods, excessive heat or cold, water scarcity and displacement significantly affect schooling, students’ well-being and the quality and continuity of education. These challenges require adaptation consistent with human rights obligations, including climate-resilient infrastructure, inclusive planning and disaster preparedness. States Parties should guarantee continuous quality education for displaced children, including those in informal settlements, and ensure that school facilities are safe, physically accessible, and adequate, with secure access routes and reliable water and sanitation.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to education (arts. 13 and 14)"]},{"id":"e-c-12-gc-27-0072","docId":"e-c-12-gc-27","idx":72,"n":72,"text":"72. Education on sustainable development, human rights and environmental protection is an essential component of quality education and lifelong learning. States Parties should integrate environmental and climate education, including biodiversity protection, at all levels of education, linking it to human rights and environmental justice. Environmental values should be embedded in curricula, teacher training, pedagogy and school environments. Learners of all ages should be able to acquire the knowledge, skills and agency to address global challenges, and to take informed action to safeguard the environment and promote sustainability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to education (arts. 13 and 14)"]},{"id":"e-c-12-gc-27-0073","docId":"e-c-12-gc-27","idx":73,"n":73,"text":"73. Culture shapes and reflects how individuals and communities relate to nature and conduct their economic, social and political lives.[[fn:116]] Cultural rights require States Parties to respect, protect and promote diverse cultural expressions, practices and knowledge systems. The disconnection of people from nature and the domination of certain groups of people over nature and other groups of people are among the underlying causes of biodiversity loss and related environmental degradation.[[fn:117]] Therefore, cultural rights are crucial to sustainable development. Indigenous Peoples, peasants and local communities have often developed cultural practices and knowledge systems that support both human and ecological wellbeing.[[fn:118]] States Parties must integrate cultural rights into development strategies and promote intercultural dialogue and knowledge-sharing to address the root causes and impacts of climate change, biodiversity loss and pollution.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":116,"text":"General comment No. 21 (2009), paras. 13 and 36."},{"n":117,"text":"IPBES/11/12/Add.2, p. 5."},{"n":118,"text":"A/77/290, paras. 32 and 33."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to take part in cultural life and to enjoy the benefits of scientific progress (art. 15)"]},{"id":"e-c-12-gc-27-0074","docId":"e-c-12-gc-27","idx":74,"n":74,"text":"74. Cultural heritage is increasingly threatened by climate change. Floods, sea-level rise, coastal erosion, wildfires and extreme weather damage both tangible and intangible heritage. The sustainable enjoyment of cultural rights requires States Parties to consider longterm needs when providing support to artists, cultural institutions and scientific bodies. Individuals and communities should be supported in safeguarding cultural sites, traditions and practices in response to environmental change.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["IV. Obligations of States Parties in relation to specific rights","Right to take part in cultural life and to enjoy the benefits of scientific progress (art. 15)"]},{"id":"e-c-12-gc-27-0075","docId":"e-c-12-gc-27","idx":75,"n":75,"text":"75. The right to science entails access to scientific education and knowledge, fair sharing of the benefits of scientific progress, and the obligation to promote research that addresses priority needs, especially for people in vulnerable and marginalized situations.[[fn:119]] Given the critical role of science and technology in addressing environmental crises and supporting sustainable transformation in the patterns of production and consumption, States Parties must adopt evidence-based environmental policies, ensure public access to environmental information, safeguard against disinformation, particularly on climate change, and promote equitable access to the benefits of scientific progress.[[fn:120]] In line with the precautionary principle, States Parties must regulate the use of unproven climate-related technologies. International cooperation is essential for fair sharing of scientific knowledge and transfer of environmentally sound technologies.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":119,"text":"General comment No. 25 (2020), para. 52."},{"n":120,"text":"A/79/176, para. 52."}],"section":["IV. Obligations of States Parties in relation to specific rights","Right to take part in cultural life and to enjoy the benefits of scientific progress (art. 15)"]},{"id":"e-c-12-gc-27-0076","docId":"e-c-12-gc-27","idx":76,"n":76,"text":"76. Environmental degradation, including climate change, intensifies the vulnerabilities of individuals and groups who have historically experienced and/or experience marginalization. These vulnerabilities are shaped by intersecting factors such as socioeconomic status, race, ethnicity, gender, disability, age, migratory status, sexual orientation and gender identity.[[fn:121]] The impacts of environmental harm vary within and between groups, depending on the context. Risks are particularly acute for those subject to multiple and intersecting forms of discrimination, which compound the consequences of environmental harm and further constrain access to remedies, resources and resiliencebuilding measures.","labels":["LGBTI+","Persons affected by natural disasters","Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":121,"text":"A/79/270, para. 88."}],"section":["V. Individuals and groups in particularly vulnerable situations"]},{"id":"e-c-12-gc-27-0077","docId":"e-c-12-gc-27","idx":77,"n":77,"text":"77. States Parties must identify those most at risk, address structural inequalities that heighten their exposure to environmental harm, and protect against human rights risks arising both from environmental degradation and from measures taken in response. Ensuring the meaningful participation of affected individuals and groups throughout all stages of the decision-making is essential. While the adverse effects of environmental degradation can affect many, the present section is focused on children, on Indigenous Peoples, peasants, pastoralists and fishers whose livelihoods and cultures are closely connected to nature, and on displaced persons.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["V. Individuals and groups in particularly vulnerable situations"]},{"id":"e-c-12-gc-27-0078","docId":"e-c-12-gc-27","idx":78,"n":78,"text":"78. Climate change, biodiversity loss and pollution significantly affect children’s rights and well-being. Younger children are especially susceptible to environmental harm from pollution and toxic chemicals, which can have long-term impacts on their health and development.[[fn:122]] Food and water insecurity, intensified by environmental degradation, heightens the risks of acute and chronic malnutrition and disease.[[fn:123]] The loss of family livelihoods, especially in the informal sectors, can increase the incidence of child labour and deepen poverty, and environmental stressors and climate-related disasters may disrupt education, increase school dropout rates, affect mental health, and heighten exposure to violence, exploitation and child marriage.[[fn:124]] Children in vulnerable situations, including those living in poverty, displacement, or social exclusion, are often disproportionately affected. The Committee also recognizes that children around the world are at the forefront of environmental action, drawing attention to the human rights consequences of environmental degradation.[[fn:125]]","labels":["Children","Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":122,"text":"Committee on the Rights of the Child, general comment No. 26 (2023), paras. 38–41; and HRI/2019/1, para. 3."},{"n":123,"text":"A/HRC/46/28, para. 44."},{"n":124,"text":"Committee on the Rights of the Child, general comment No. 26 (2023), para. 35."},{"n":125,"text":"The present general comment has benefited from the lived experiences and meaningful contributions of children, gathered through five regional workshops held as part of the consultation process."}],"section":["V. Individuals and groups in particularly vulnerable situations","Children"]},{"id":"e-c-12-gc-27-0079","docId":"e-c-12-gc-27","idx":79,"n":79,"text":"79. States Parties must adopt environmental measures that are child-sensitive, in the best interests of the child,[[fn:126]] and grounded in science and international standards. Children must be adequately protected from toxic substances, pollution and other environmental harms, in line with their right to the highest attainable standard of health. Long-term risk assessments must consider the specific impacts of environmental degradation on children. Children’s right to be heard and to participate must be respected throughout all relevant processes. States Parties should also recognize and protect child rights defenders, and establish safe and effective mechanisms for their participation in environmental and climate action.[[fn:127]]","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":126,"text":"Committee on the Rights of the Child, general comment No. 26 (2023), para. 16."},{"n":127,"text":"Inter-American Commission on Human Rights, resolution No. 3/2021, para. 29."}],"section":["V. Individuals and groups in particularly vulnerable situations","Children"]},{"id":"e-c-12-gc-27-0080","docId":"e-c-12-gc-27","idx":80,"n":80,"text":"80. Indigenous Peoples are among the most affected by climate change, deforestation, pollution and biodiversity loss, particularly in relation to their livelihoods, health and cultural identity. Environmental harm can result in the loss of both tangible and intangible cultural heritage, leading to a profound erosion of identity, traditional knowledge, cultural practices, and connection to ancestral homelands.[[fn:128]]","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":128,"text":"Intergovernmental Panel on Climate Change, Climate Change 2023: Synthesis Report, Contribution of Working Groups I, II and III to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change, p. 51."}],"section":["V. Individuals and groups in particularly vulnerable situations","Indigenous Peoples"]},{"id":"e-c-12-gc-27-0081","docId":"e-c-12-gc-27","idx":81,"n":81,"text":"81. The deep relationship between Indigenous Peoples and their ancestral lands forms the foundation of their cultural, spiritual and social identity, and provides for their basic needs and livelihoods. Through this relationship, they have developed, in many contexts, systems of knowledge, governance and stewardship that promote living in harmony with nature and contribute to conserving biodiversity and ecosystems. These contributions are essential to the realization of sustainable development and environmental protection.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["V. Individuals and groups in particularly vulnerable situations","Indigenous Peoples"]},{"id":"e-c-12-gc-27-0082","docId":"e-c-12-gc-27","idx":82,"n":82,"text":"82. States Parties must recognize the inalienable rights of Indigenous Peoples to their ancestral lands and territories and their natural resources, and must fully respect their right to free, prior and informed consent in all matters affecting their rights.[[fn:129]] As part of their human rights due diligence, States Parties must ensure that environmental measures – including those related to climate change mitigation and adaptation, and biodiversity offsets – do not result in land-, forest- or water-grabbing in Indigenous territories or otherwise undermine Indigenous Peoples’ rights.","labels":["Indigenous peoples","Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":129,"text":"J.T. et al. v. Finland, para. 14.6."}],"section":["V. Individuals and groups in particularly vulnerable situations","Indigenous Peoples"]},{"id":"e-c-12-gc-27-0083","docId":"e-c-12-gc-27","idx":83,"n":83,"text":"83. Peasants, pastoralists and other people living in rural areas, including small-scale farmers and fishers, are severely affected by climate change, pollution and biodiversity loss. These environmental crises alter water availability, vegetation patterns and seasonal cycles, drive sea-level rise, desertification and land-use change, and disrupt agriculture, fishing and traditional livelihoods. Extreme weather events and environmental degradation reduce biodiversity, undermine traditional seed and breeding systems, and deplete aquatic resources through warming and pollution. Together, these impacts threaten rural communities’ right to food, to an adequate standard of living and to their cultural identity. States Parties must protect them from these adverse impacts.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["V. Individuals and groups in particularly vulnerable situations","Peasants, pastoralists, fishers and other people living in rural areas"]},{"id":"e-c-12-gc-27-0084","docId":"e-c-12-gc-27","idx":84,"n":84,"text":"84. Recognizing the crucial contribution of peasants, pastoralists and other people in rural areas to the sustainable use and management of natural resources and ecosystems, States Parties must protect and promote their traditional knowledge, innovations and practices,[[fn:130]] and ensure their rights to secure tenure of and equitable access to land and other natural resources critical for their livelihoods.[[fn:131]] States Parties must also guarantee their meaningful participation in the design, implementation and monitoring of environmental measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":130,"text":"General comment No. 25 (2020), para. 39."},{"n":131,"text":"General comment No. 26, paras. 18 and 19; and United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, arts. 17 and 19."}],"section":["V. Individuals and groups in particularly vulnerable situations","Peasants, pastoralists, fishers and other people living in rural areas"]},{"id":"e-c-12-gc-27-0085","docId":"e-c-12-gc-27","idx":85,"n":85,"text":"85. Special measures are required for the most marginalized in rural areas, such as landless peasants, agricultural labourers, fisherfolk and rural women, who often face systemic discrimination in accessing land and other natural resources, including water, seeds, forests and aquatic ecosystems.[[fn:132]] Pastoralism remains a sustainable livelihood that can support biodiversity and fragile dryland and high-altitude ecosystems, but is increasingly affected by changing vegetation zones, heat and drought. Adaptation policies must include support for pastoralist communities. States Parties must also respect and, as far as possible, protect the customary rights of fishing communities to seas, rivers, lakes and aquatic resources, while promoting alternative income-generating opportunities.[[fn:133]]","labels":["Persons affected by natural disasters","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":132,"text":"United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, art. 17."},{"n":133,"text":"FAO, Voluntary guidelines for securing sustainable small-scale fisheries in the context of food security and poverty eradication, para. 7.10."}],"section":["V. Individuals and groups in particularly vulnerable situations","Peasants, pastoralists, fishers and other people living in rural areas"]},{"id":"e-c-12-gc-27-0086","docId":"e-c-12-gc-27","idx":86,"n":86,"text":"86. States Parties must prevent climate-induced displacement, by strengthening mitigation, adaptation and disaster risk reduction measures. Where relocation or resettlement is unavoidable to protect life and health, it must be treated as a last resort, and be carried out in full accordance with international human rights standards and through meaningful consultation with affected communities.[[fn:134]] Displaced persons must have equal access to Covenant rights, including food, water and sanitation, housing, healthcare, education, livelihoods and cultural life. The minimum core obligations under the Covenant apply equally to displaced persons. For those displaced across borders due to climate change, States Parties must uphold the principle of non-refoulement and provide legal protection.[[fn:135]] In line with the principle of common but differentiated responsibilities, States Parties must cooperate internationally to mobilize resources for supporting displaced persons, including through climate-related loss and damage mechanisms.[[fn:136]]","labels":["Persons affected by natural disasters","Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":134,"text":"A/HRC/56/47, paras. 13–15; and A/79/317, para. 87 (b)."},{"n":135,"text":"A/HRC/53/34, paras. 68 and 69; and Teitiota v. New Zealand (CCPR/C/127/D/2728/2016), para. 9.11."},{"n":136,"text":"A/HRC/56/47, para. 35."}],"section":["V. Individuals and groups in particularly vulnerable situations","Persons displaced in the context of climate change and natural disasters"]},{"id":"e-c-12-gc-27-0087","docId":"e-c-12-gc-27","idx":87,"n":87,"text":"87. Respecting, protecting and fulfilling Covenant rights requires States Parties to prevent, mitigate and redress harm resulting from climate change, pollution and biodiversity loss. A State’s failure to take appropriate action to protect the climate system from greenhouse gas emissions may constitute an internationally wrongful act attributable to the State.[[fn:137]] Where Covenant rights are violated due to environmental degradation, States Parties must ensure access to timely, affordable and effective judicial and non-judicial remedies,[[fn:138]] providing victims with access to reparation, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.[[fn:139]] States Parties should also enable collective legal standing and access to justice, where appropriate, including for those who act in the interests of future generations – such as youth representatives, guardians ad litem, and public interest organizations – and adopt flexible criteria for evidentiary rules to avoid procedural barriers for victims.[[fn:140]]","labels":["Persons affected by natural disasters","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":137,"text":"International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, para. 427."},{"n":138,"text":"General comment No. 24, para. 41."},{"n":139,"text":"Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law; A/77/226, para. 26; and International Court of Justice, Obligations of States in respect of Climate Change, Advisory Opinion, paras. 445 and 456."},{"n":140,"text":"Inter-American Court of Human Rights, advisory opinion OC-32/25, para. 554."}],"section":["VI. Remedies and accountability"]},{"id":"e-c-12-gc-27-0088","docId":"e-c-12-gc-27","idx":88,"n":88,"text":"88. States Parties are also obliged to prevent and redress infringements of Covenant rights resulting from environmental harm caused by business entities and other non-State actors subject to their jurisdiction or control, including those operating abroad.[[fn:141]] States Parties, particularly the home States of the actors responsible, must take appropriate measures to ensure access to effective redress mechanisms for victims of transboundary harm, especially where such remedies are unavailable or ineffective in the States where the harm occurs.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"footnotes":[{"n":141,"text":"The Guiding Principles on Business and Human Rights require access to effective remedies for human rights abuses by business entities, including for abuses linked to environmental harms. See A/HRC/17/31, annex, paras. 25–31."}],"section":["VI. Remedies and accountability"]},{"id":"e-c-12-gc-27-0089","docId":"e-c-12-gc-27","idx":89,"n":89,"text":"89. States Parties must cooperate in good faith to address adverse impacts of environmental degradation, including economic and non-economic loss and damage, as part of their obligation to ensure reparation for harm caused. This includes contributing adequate resources for mechanisms such as the climate-related loss and damage fund, and ensuring that affected individuals and communities have equitable access to effective remedies and redress.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["VI. Remedies and accountability"]},{"id":"e-c-12-gc-27-0090","docId":"e-c-12-gc-27","idx":90,"n":90,"text":"90. States Parties must also ensure that accountability, monitoring and investigation mechanisms are effective in preventing and addressing any unintended adverse effects of laws and policies related to climate change, biodiversity loss and pollution, particularly for individuals or groups in disadvantaged or marginalized situations. National human rights institutions, ombudspersons and similar bodies should be empowered to address violations of Covenant rights and oversee compliance in this area. Monitoring processes should be inclusive and participatory, and supported by qualitative insights and disaggregated quantitative data.","labels":["Persons affected by natural disasters"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":2025,"section":["VI. Remedies and accountability"]},{"id":"e-1991-23-0001","docId":"e-1991-23","idx":1,"n":1,"text":"Article 2 is of particular importance to a full understanding of the Covenant and must be seen as having a dynamic relationship with all of the other provisions of the Covenant. It describes the nature of the general legal obligations undertaken by States parties to the Covenant. Those obligations include both what may be termed (following the work of the International Law Commission) obligations of conduct and obligations of result. While great emphasis has sometimes been placed on the difference between the formulations used in this provision and that contained in the equivalent article 2 of the International Covenant on Civil and Political Rights, it is not always recognized that there are also significant similarities. In particular, while the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes various obligations which are of immediate effect. Of these, two are of particular importance in understanding the precise nature of States parties obligations. One of these, which is dealt with in a separate general comment, and which is to be considered by the Committee at its sixth session, is the “undertaking to guarantee” that relevant rights “will be exercised without discrimination ...”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"e-1991-23-0002","docId":"e-1991-23","idx":2,"n":2,"text":"The other is the undertaking in article 2 (1) “to take steps”, which in itself, is not qualified or limited by other considerations. The full meaning of the phrase can also be gauged by noting some of the different language versions. In English the undertaking is “to take steps”, in French it is “to act” (“s’engage à agir”) and in Spanish it is “to adopt measures” (“a adoptar medidas”). Thus while the full realization of the relevant rights may be achieved progressively, steps towards that goal must be taken within a reasonably short time after the Covenant’s entry into force for the States concerned. Such steps should be deliberate, concrete and targeted as clearly as possible towards meeting the obligations recognized in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-1991-23-0003","docId":"e-1991-23","idx":3,"n":3,"text":"The means which should be used in order to satisfy the obligation to take steps are stated in article 2 (1) to be “all appropriate means, including particularly the adoption of legislative measures”. The Committee recognizes that in many instances legislation is highly desirable and in some cases may even be indispensable. For example, it may be difficult to combat discrimination effectively in the absence of a sound legislative foundation for the necessary measures. In fields such as health, the protection of children and mothers, and education, as well as in respect of the matters dealt with in articles 6 to 9, legislation may also be an indispensable element for many purposes.","labels":["Children","Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-1991-23-0004","docId":"e-1991-23","idx":4,"n":4,"text":"The Committee notes that States parties have generally been conscientious in detailing at least some of the legislative measures that they have taken in this regard. It wishes to emphasize, however, that the adoption of legislative measures, as specifically foreseen by the Covenant, is by no means exhaustive of the obligations of States parties. Rather, the phrase “by all appropriate means” must be given its full and natural meaning. While each State party must decide for itself which means are the most appropriate under the circumstances with respect to each of the rights, the “appropriateness” of the means chosen will not always be self‑evident. It is therefore desirable that States parties’ reports should indicate not only the measures that have been taken but also the basis on which they are considered to be the most “appropriate” under the circumstances. However, the ultimate determination as to whether all appropriate measures have been taken remains one for the Committee to make.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1991-23-0005","docId":"e-1991-23","idx":5,"n":5,"text":"Among the measures which might be considered appropriate, in addition to legislation, is the provision of judicial remedies with respect to rights which may, in accordance with the national legal system, be considered justiciable. The Committee notes, for example, that the enjoyment of the rights recognized, without discrimination, will often be appropriately promoted, in part, through the provision of judicial or other effective remedies. Indeed, those States parties which are also parties to the International Covenant on Civil and Political Rights are already obligated (by virtue of arts. 2 (paras. 1 and 3), 3 and 26) of that Covenant to ensure that any person whose rights or freedoms (including the right to equality and non‑discrimination) recognized in that Covenant are violated, “shall have an effective remedy” (art. 2 (3) (a)). In addition, there are a number of other provisions in the International Covenant on Economic, Social and Cultural Rights, including articles 3, 7 (a) (i), 8, 10 (3), 13 (2) (a), (3) and (4) and 15 (3) which would seem to be capable of immediate application by judicial and other organs in many national legal systems. Any suggestion that the provisions indicated are inherently non‑self‑executing would seem to be difficult to sustain.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"article":"2","paragraph":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text says 'arts. 2 (paras. 1 and 3), 3 and 26) of that Covenant' where 'that Covenant' refers to 'the International Covenant on Civil and Political Rights' — explicit override from regex_default_treaty=ICESCR."},{"article":"3","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text cites 'arts. 2 (paras. 1 and 3), 3 and 26) of that Covenant' referring to ICCPR. ICCPR art. 3 is equal rights of men and women."},{"article":"7","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text says 'there are a number of other provisions in the International Covenant on Economic, Social and Cultural Rights, including articles 3, 7 (a) (i), 8, 10 (3), 13 …' — regex_default_treaty=ICESCR; confirmed by explicit reference to ICESCR. Article 7 is just and favourable conditions of work."},{"article":"2","treaty":"ICCPR","rationale":"second occurrence \"(art. 2 (3) (a))\" — same \"that Covenant\"=ICCPR antecedent as the first (C1+A-LOW verdict)","source":"opus-audit"},{"article":"26","treaty":"ICCPR","rationale":"\"arts. 2 (paras. 1 and 3), 3 and 26) of that Covenant\" — ICCPR art 26; uncited before (A-LOW verdict)","source":"opus-audit"}]},{"id":"e-1991-23-0006","docId":"e-1991-23","idx":6,"n":6,"text":"Where specific policies aimed directly at the realization of the rights recognized in the Covenant have been adopted in legislative form, the Committee would wish to be informed, inter alia, as to whether such laws create any right of action on behalf of individuals or groups who feel that their rights are not being fully realized. In cases where constitutional recognition has been accorded to specific economic, social and cultural rights, or where the provisions of the Covenant have been incorporated directly into national law, the Committee would wish to receive information as to the extent to which these rights are considered to be justiciable (i.e. able to be invoked before the courts). The Committee would also wish to receive specific information as to any instances in which existing constitutional provisions relating to economic, social and cultural rights have been weakened or significantly changed.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1991-23-0007","docId":"e-1991-23","idx":7,"n":7,"text":"Other measures which may also be considered “appropriate” for the purposes of article 2 (1) include, but are not limited to, administrative, financial, educational and social measures.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-1991-23-0008","docId":"e-1991-23","idx":8,"n":8,"text":"The Committee notes that the undertaking “to take steps ... by all appropriate means including particularly the adoption of legislative measures” neither requires nor precludes any particular form of government or economic system being used as the vehicle for the steps in question, provided only that it is democratic and that all human rights are thereby respected. Thus, in terms of political and economic systems the Covenant is neutral and its principles cannot accurately be described as being predicated exclusively upon the need for, or the desirability of a socialist or a capitalist system, or a mixed, centrally planned, or laisser ‑faire economy, or upon any other particular approach. In this regard, the Committee reaffirms that the rights recognized in the Covenant are susceptible of realization within the context of a wide variety of economic and political systems, provided only that the interdependence and indivisibility of the two sets of human rights, as affirmed inter alia in the preamble to the Covenant, is recognized and reflected in the system in question. The Committee also notes the relevance in this regard of other human rights and in particular the right to development.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1991-23-0009","docId":"e-1991-23","idx":9,"n":9,"text":"The principal obligation of result reflected in article 2 (1) is to take steps “with a view to achieving progressively the full realization of the rights recognized” in the Covenant. The term “progressive realization” is often used to describe the intent of this phrase. The concept of progressive realization constitutes a recognition of the fact that full realization of all economic, social and cultural rights will generally not be able to be achieved in a short period of time. In this sense the obligation differs significantly from that contained in article 2 of the International Covenant on Civil and Political Rights which embodies an immediate obligation to respect and ensure all of the relevant rights. Nevertheless, the fact that realization over time, or in other words progressively, is foreseen under the Covenant should not be misinterpreted as depriving the obligation of all meaningful content. It is on the one hand a necessary flexibility device, reflecting the realities of the real world and the difficulties involved for any country in ensuring full realization of economic, social and cultural rights. On the other hand, the phrase must be read in the light of the overall objective, indeed the raison d’être, of the Covenant which is to establish clear obligations for States parties in respect of the full realization of the rights in question. It thus imposes an obligation to move as expeditiously and effectively as possible towards that goal. Moreover, any deliberately retrogressive measures in that regard would require the most careful consideration and would need to be fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the maximum available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICCPR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"e-1991-23-0010","docId":"e-1991-23","idx":10,"n":10,"text":"On the basis of the extensive experience gained by the Committee, as well as by the body that preceded it, over a period of more than a decade of examining States parties’ reports the Committee is of the view that a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights is incumbent upon every State party. Thus, for example, a State party in which any significant number of individuals is deprived of essential foodstuffs, of essential primary health care, of basic shelter and housing, or of the most basic forms of education is, prima facie, failing to discharge its obligations under the Covenant. If the Covenant were to be read in such a way as not to establish such a minimum core obligation, it would be largely deprived of its raison d’être. By the same token, it must be noted that any assessment as to whether a State has discharged its minimum core obligation must also take account of resource constraints applying within the country concerned. Article 2 (1) obligates each State party to take the necessary steps “to the maximum of its available resources”. In order for a State party to be able to attribute its failure to meet at least its minimum core obligations to a lack of available resources it must demonstrate that every effort has been made to use all resources that are at its disposition in an effort to satisfy, as a matter of priority, those minimum obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"}]},{"id":"e-1991-23-0011","docId":"e-1991-23","idx":11,"n":11,"text":"The Committee wishes to emphasize, however, that even where the available resources are demonstrably inadequate, the obligation remains for a State party to strive to ensure the widest possible enjoyment of the relevant rights under the prevailing circumstances. Moreover, the obligations to monitor the extent of the realization, or more especially of the non‑realization, of economic, social and cultural rights, and to devise strategies and programmes for their promotion, are not in any way eliminated as a result of resource constraints. The Committee has already dealt with these issues in its General Comment 1 (1989).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1991-23-0012","docId":"e-1991-23","idx":12,"n":12,"text":"Similarly, the Committee underlines the fact that even in times of severe resources constraints whether caused by a process of adjustment, of economic recession, or by other factors the vulnerable members of society can and indeed must be protected by the adoption of relatively low‑cost targeted programmes. In support of this approach the Committee takes note of the analysis prepared by UNICEF entitled “Adjustment with a human face: protecting the vulnerable and promoting growth, the analysis by UNDP in its Human Development Report 1990 and the analysis by the World Bank in the World Development Report 1990.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990},{"id":"e-1991-23-0013","docId":"e-1991-23","idx":13,"n":13,"text":"A final element of article 2 (1), to which attention must be drawn, is that the undertaking given by all States parties is “to take steps, individually and through international assistance and cooperation, especially economic and technical ...”. The Committee notes that the phrase “to the maximum of its available resources” was intended by the drafters of the Covenant to refer to both the resources existing within a State and those available from the international community through international cooperation and assistance. Moreover, the essential role of such cooperation in facilitating the full realization of the relevant rights is further underlined by the specific provisions contained in articles 11, 15, 22 and 23. With respect to article 22 the Committee has already drawn attention, in General Comment 2 (1990), to some of the opportunities and responsibilities that exist in relation to international cooperation. Article 23 also specifically identifies “the furnishing of technical assistance” as well as other activities, as being among the means of “international action for the achievement of the rights recognized ...”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"11","source":"regex"},{"treaty":"ICESCR","article":"15","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-1991-23-0014","docId":"e-1991-23","idx":14,"n":14,"text":"The Committee wishes to emphasize that in accordance with Articles 55 and 56 of the Charter of the United Nations, with well‑established principles of international law, and with the provisions of the Covenant itself, international cooperation for development and thus for the realization of economic, social and cultural rights is an obligation of all States. It is particularly incumbent upon those States which are in a position to assist others in this regard. The Committee notes in particular the importance of the Declaration on the Right to Development adopted by the General Assembly in its resolution 41/128 of 4 December 1986 and the need for States parties to take full account of all of the principles recognized therein. It emphasizes that, in the absence of an active programme of international assistance and cooperation on the part of all those States that are in a position to undertake one, the full realization of economic, social and cultural rights will remain an unfulfilled aspiration in many countries. In this respect, the Committee also recalls the terms of its General Comment 2 (1990).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1990,"citedArticles":[{"article":"55","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly reads 'Articles 55 and 56 of the Charter of the United Nations' — UN Charter, not ICESCR."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly reads 'Articles 55 and 56 of the Charter of the United Nations' — UN Charter, not ICESCR."}]},{"id":"e-1992-23-0001","docId":"e-1992-23","idx":1,"n":1,"text":"Pursuant to article 11 (1) of the Covenant, States parties “recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions”. The human right to adequate housing, which is thus derived from the right to an adequate standard of living, is of central importance for the enjoyment of all economic, social and cultural rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1992-23-0002","docId":"e-1992-23","idx":2,"n":2,"text":"The Committee has been able to accumulate a large amount of information pertaining to this right. Since 1979, the Committee and its predecessors have examined 75 reports dealing with the right to adequate housing.[[fn:3]] The Committee has also devoted a day of general discussion to the issue at each of its third (see E/1989/22, para. 312) and fourth sessions (E/1990/23, paras. 281-285). In addition, the Committee has taken careful note of information generated by the International Year of Shelter for the Homeless (1987) including the Global Strategy for Shelter to the Year 2000 adopted by the General Assembly in its resolution 42/191 of 11 December 1987.[[fn:1]] [1] The Committee has also reviewed relevant reports and other documentation of the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities.[[fn:2]] [2]","labels":["Persons in street situations"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"footnotes":[{"n":1,"text":"Official Records of the General Assembly, Forty-third Session, Supplement No. 8, addendum (A/43/8/Add.1)."},{"n":2,"text":"Commission on Human Rights resolutions 1986/36 and 1987/22; reports by Mr. Danilo Türk, Special Rapporteur of the Sub-Commission (E/CN.4/Sub.2/1990/19, paras. 108-120; E/CN.4/Sub.2/1991/17, paras. 137-139); see also Sub-Commission resolution 1991/26."},{"n":3,"text":"See, for example, article 25 (1) of the Universal Declaration of Human Rights, article 5 (e) (iii) of the International Convention on the Elimination of All Forms of Racial Discrimination, article 14 (2) of the Convention on the Elimination of All Forms of Discrimination against Women, article 27 (3) of the Convention on the Rights of the Child, article 10 of the Declaration on Social Progress and Development, section III (8) of the Vancouver Declaration on Human Settlements, 1976 (Report of Habitat: United Nations Conference on Human Settlements (United Nations publication, Sales No. E.76.IV.7 and corrigendum, chap. I), article 8 (1) of the Declaration on the Right to Development and the ILO Recommendation Concerning Workers’ Housing, 1961 (No. 115))."}]},{"id":"e-1992-23-0003","docId":"e-1992-23","idx":3,"n":3,"text":"Although a wide variety of international instruments address the different dimensions of the right to adequate housing3 article 11 (1) of the Covenant is the most comprehensive and perhaps the most important of the relevant provisions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1992-23-0004","docId":"e-1992-23","idx":4,"n":4,"text":"Despite the fact that the international community has frequently reaffirmed the importance of full respect for the right to adequate housing, there remains a disturbingly large gap between the standards set in article 11 (1) of the Covenant and the situation prevailing in many parts of the world. While the problems are often particularly acute in some developing countries which confront major resource and other constraints, the Committee observes that significant problems of homelessness and inadequate housing also exist in some of the most economically developed societies. The United Nations estimates that there are over 100 million persons homeless worldwide and over 1 billion inadequately housed.[[fn:4]] There is no indication that this number is decreasing. It seems clear that no State party is free of significant problems of one kind or another in relation to the right to housing.","labels":["Persons in street situations"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"footnotes":[{"n":4,"text":"See note 1.","isCrossRef":true,"referencesNote":1,"resolvedText":"Official Records of the General Assembly, Forty-third Session, Supplement No. 8, addendum (A/43/8/Add.1)."}],"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1992-23-0005","docId":"e-1992-23","idx":5,"n":5,"text":"In some instances, the reports of States parties examined by the Committee have acknowledged and described difficulties in ensuring the right to adequate housing. For the most part, however, the information provided has been insufficient to enable the Committee to obtain an adequate picture of the situation prevailing in the State concerned. This general comment thus aims to identify some of the principal issues which the Committee considers to be important in relation to this right.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0006","docId":"e-1992-23","idx":6,"n":6,"text":"The right to adequate housing applies to everyone. While the reference to “himself and his family” reflects assumptions as to gender roles and economic activity patterns commonly accepted in 1966 when the Covenant was adopted, the phrase cannot be read today as implying any limitations upon the applicability of the right to individuals or to female-headed households or other such groups. Thus, the concept of “family” must be understood in a wide sense. Further, individuals, as well as families, are entitled to adequate housing regardless of age, economic status, group or other affiliation or status and other such factors. In particular, enjoyment of this right must, in accordance with article 2 (2) of the Covenant, not be subject to any form of discrimination.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"}]},{"id":"e-1992-23-0007","docId":"e-1992-23","idx":7,"n":7,"text":"In the Committee’s view, the right to housing should not be interpreted in a narrow or restrictive sense which equates it with, for example, the shelter provided by merely having a roof over one’s head or views shelter exclusively as a commodity. Rather it should be seen as the right to live somewhere in security, peace and dignity. This is appropriate for at least two reasons. In the first place, the right to housing is integrally linked to other human rights and to the fundamental principles upon which the Covenant is premised. This “the inherent dignity of the human person” from which the rights in the Covenant are said to derive requires that the term “housing” be interpreted so as to take account of a variety of other considerations, most importantly that the right to housing should be ensured to all persons irrespective of income or access to economic resources. Secondly, the reference in article 11 (1) must be read as referring not just to housing but to adequate housing. As both the Commission on Human Settlements and the Global Strategy for Shelter to the Year 2000 have stated: “Adequate shelter means ... adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1992-23-0008","docId":"e-1992-23","idx":8,"n":8,"text":"Thus the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in determining whether particular forms of shelter can be considered to constitute “adequate housing” for the purposes of the Covenant. While adequacy is determined in part by social, economic, cultural, climatic, ecological and other factors, the Committee believes that it is nevertheless possible to identify certain aspects of the right that must be taken into account for this purpose in any particular context. They include the following: (a) Legal security of tenure. Tenure takes a variety of forms, including rental (public and private) accommodation, cooperative housing, lease, owner-occupation, emergency housing and informal settlements, including occupation of land or property. Notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups; (b) Availability of services, materials, facilities and infrastructure. An adequate house must contain certain facilities essential for health, security, comfort and nutrition. All beneficiaries of the right to adequate housing should have sustainable access to natural and common resources, safe drinking water, energy for cooking, heating and lighting, sanitation and washing facilities, means of food storage, refuse disposal, site drainage and emergency services; (c) Affordability. Personal or household financial costs associated with housing should be at such a level that the attainment and satisfaction of other basic needs are not threatened or compromised. Steps should be taken by States parties to ensure that the percentage of housing-related costs is, in general, commensurate with income levels. States parties should establish housing subsidies for those unable to obtain affordable housing, as well as forms and levels of housing finance which adequately reflect housing needs. In accordance with the principle of affordability, tenants should be protected by appropriate means against unreasonable rent levels or rent increases. In societies where natural materials constitute the chief sources of building materials for housing, steps should be taken by States parties to ensure the availability of such materials; (d) Habitability. Adequate housing must be habitable, in terms of providing the inhabitants with adequate space and protecting them from cold, damp, heat, rain, wind or other threats to health, structural hazards, and disease vectors. The physical safety of occupants must be guaranteed as well. The Committee encourages States parties to comprehensively apply the Health Principles of Housing[[fn:5]] [5] prepared by WHO which view housing as the environmental factor most frequently associated with conditions for disease in epidemiological analyses; i.e. inadequate and deficient housing and living conditions are invariably associated with higher mortality and morbidity rates; (e) Accessibility. Adequate housing must be accessible to those entitled to it. Disadvantaged groups must be accorded full and sustainable access to adequate housing resources. Thus, such disadvantaged groups as the elderly, children, the physically disabled, the terminally ill, HIV-positive individuals, persons with persistent medical problems, the mentally ill, victims of natural disasters, people living in disaster-prone areas and other groups should be ensured some degree of priority consideration in the housing sphere. Both housing law and policy should take fully into account the special housing needs of these groups. Within many States parties increasing access to land by landless or impoverished segments of the society should constitute a central policy goal. Discernible governmental obligations need to be developed aiming to substantiate the right of all to a secure place to live in peace and dignity, including access to land as an entitlement; (f) Location. Adequate housing must be in a location which allows access to employment options, health-care services, schools, childcare centres and other social facilities. This is true both in large cities and in rural areas where the temporal and financial costs of getting to and from the place of work can place excessive demands upon the budgets of poor households. Similarly, housing should not be built on polluted sites nor in immediate proximity to pollution sources that threaten the right to health of the inhabitants; (g) Cultural adequacy. The way housing is constructed, the building materials used and the policies supporting these must appropriately enable the expression of cultural identity and diversity of housing. Activities geared towards development or modernization in the housing sphere should ensure that the cultural dimensions of housing are not sacrificed, and that, inter alia, modern technological facilities, as appropriate are also ensured.","labels":["Persons living with HIV/AIDS","Persons living in rural/remote areas","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"footnotes":[{"n":5,"text":"Geneva, World Health Organization, 1990."}]},{"id":"e-1992-23-0009","docId":"e-1992-23","idx":9,"n":9,"text":"As noted above, the right to adequate housing cannot be viewed in isolation from other human rights contained in the two International Covenants and other applicable international instruments. Reference has already been made in this regard to the concept of human dignity and the principle of non-discrimination. In addition, the full enjoyment of other rights - such as the right to freedom of expression, the right to freedom of association (such as for tenants and other community-based groups), the right to freedom of residence and the right to participate in public decision-making - is indispensable if the right to adequate housing is to be realized and maintained by all groups in society. Similarly, the right not to be subjected to arbitrary or unlawful interference with one’s privacy, family, home or correspondence constitutes a very important dimension in defining the right to adequate housing.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0010","docId":"e-1992-23","idx":10,"n":10,"text":"Regardless of the state of development of any country, there are certain steps which must be taken immediately. As recognized in the Global Strategy for Shelter and in other international analyses, many of the measures required to promote the right to housing would only require the abstention by the Government from certain practices and a commitment to facilitating “self-help” by affected groups. To the extent that any such steps are considered to be beyond the maximum resources available to a State party, it is appropriate that a request be made as soon as possiblefor international cooperation in accordance with articles 11 (1), 22 and 23 of the Covenant, and that the Committee be informed thereof.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"},{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-1992-23-0011","docId":"e-1992-23","idx":11,"n":11,"text":"States parties must give due priority to those social groups living in unfavourable conditions by giving them particular consideration. Policies and legislation should correspondingly not be designed to benefit already advantaged social groups at the expense of others. The Committee is aware that external factors can affect the right to a continuous improvement of living conditions, and that in many States parties overall living conditions declined during the 1980s. However, as noted by the Committee in its general comment No. 2 (1990) (E/1990/23, annex III), despite externally caused problems, the obligations under the Covenant continue to apply and are perhaps even more pertinent during times of economic contraction. It would thus appear to the Committee that a general decline in living and housing conditions, directly attributable to policy and legislative decisions by States parties, and in the absence of accompanying compensatory measures, would be inconsistent with the obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0012","docId":"e-1992-23","idx":12,"n":12,"text":"While the most appropriate means of achieving the full realization of the right to adequate housing will inevitably vary significantly from one State party to another, the Covenant clearly requires that each State party take whatever steps are necessary for that purpose. This will almost invariably require the adoption of a national housing strategy which, as stated in paragraph 32 of the Global Strategy for Shelter, “defines the objectives for the development of shelter conditions, identifies the resources available to meet these goals and the most cost-effective way of using them and sets out the responsibilities and time frame for the implementation of the necessary measures”. Both for reasons of relevance and effectiveness, as well as in order to ensure respect for other human rights, such a strategy should reflect extensive genuine consultation with, and participation by, all of those affected, including the homeless, the inadequately housed and their representatives. Furthermore, steps should be taken to ensure coordination between ministries and regional and local authorities in order to reconcile related policies (economics, agriculture, environment, energy, etc.) with the obligations under article 11 of the Covenant.","labels":["Persons in street situations"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-1992-23-0013","docId":"e-1992-23","idx":13,"n":13,"text":"Effective monitoring of the situation with respect to housing is another obligation of immediate effect. For a State party to satisfy its obligations under article 11 (1) it must demonstrate, inter alia, that it has taken whatever steps are necessary, either alone or on the basis of international cooperation, to ascertain the full extent of homelessness and inadequate housing within its jurisdiction. In this regard, the revised general guidelines regarding the form and contents of reports adopted by the Committee (E/C.12/1991/1) emphasize the need to “provide detailed information about those groups within ... society that are vulnerable and disadvantaged with regard to housing”. They include, in particular, homeless persons and families, those inadequately housed and without ready access to basic amenities, those living in “illegal” settlements, those subject to forced evictions and low-income groups.","labels":["Persons in street situations","Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1992-23-0014","docId":"e-1992-23","idx":14,"n":14,"text":"Measures designed to satisfy a State party’s obligations in respect of the right to adequate housing may reflect whatever mix of public and private sector measures considered appropriate. While in some States public financing of housing might mostusefully be spent on direct construction of new housing, in most cases, experience has shown the inability of Governments to fully satisfy housing deficits with publicly built housing. The promotion by States parties of “enabling strategies”, combined with a full commitment to obligations under the right to adequate housing, should thusw be encouraged. In essence, the obligation is to demonstrate that, in aggregate, the measures being taken are sufficient to realize the right for every individual in the shortest possible time in accordance with the maximum of available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0015","docId":"e-1992-23","idx":15,"n":15,"text":"Many of the measures that will be required will involve resource allocations and policy initiatives of a general kind. Nevertheless, the role of formal legislative and administrative measures should not be underestimated in this context. The Global Strategy for Shelter (paras. 6-67) has drawn attention to the types of measures that might be taken in this regard and to their importance.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0016","docId":"e-1992-23","idx":16,"n":16,"text":"In some States, the right to adequate housing is constitutionally entrenched. In such cases the Committee is particularly interested in learning of the legal and practical significance of such an approach. Details of specific cases and of other ways in which entrenchment has proved helpful should thus be provided.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0017","docId":"e-1992-23","idx":17,"n":17,"text":"The Committee views many component elements of the right to adequate housing as being at least consistent with the provision of domestic legal remedies. Depending on the legal system, such areas might include, but are not limited to: (a) legal appeals aimed at preventing planned evictions or demolitions through the issuance of court-ordered injunctions; (b) legal procedures seeking compensation following an illegal eviction; (c) complaints against illegal actions carried out or supported by landlords (whether public or private) in relation to rent levels, dwelling maintenance, and racial or other forms of discrimination; (d) allegations of any form of discrimination in the allocation and availability of access to housing; and (e) complaints against landlords concerning unhealthy or inadequate housing conditions. In some legal systems it would also be appropriate to explore the possibility of facilitating class action suits in situations involving significantly increased levels of homelessness.","labels":["Persons in street situations"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0018","docId":"e-1992-23","idx":18,"n":18,"text":"In this regard, the Committee considers that instances of forced eviction are prima facie incompatible with the requirements of the Covenant and can only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991},{"id":"e-1992-23-0019","docId":"e-1992-23","idx":19,"n":19,"text":"Finally, article 11 (1) concludes with the obligation of States parties to recognize “the essential importance of international cooperation based on free consent”. Traditionally, less than 5 per cent of all international assistance has been directed towards housing or human settlements, and often the manner by which such funding is provided does little to address the housing needs of disadvantaged groups. States parties, both recipients and providers, should ensure that a substantial proportion of financing is devoted to creating conditions leading to a higher number of persons being adequately housed. International financial institutions promoting measures of structural adjustment should ensure that such measures do not compromise the enjoyment of the right to adequate housing. States parties should,when contemplating international financial cooperation, seek to indicate areas relevant to the right to adequate housing where external financing would have the most effect. Such requests should take full account of the needs and views of the affected groups.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1991,"citedArticles":[{"treaty":"ICESCR","article":"11","paragraph":"1","source":"regex"}]},{"id":"e-1995-22-0001","docId":"e-1995-22","idx":1,"n":1,"text":"The central importance of the International Covenant on Economic, Social and Cultural Rights in relation to the human rights of persons with disabilities has frequently been underlined by the international community.[[fn:1]] Thus a 1992 review by the Secretary-General of the implementation of the World Programme of Action concerning Disabled Persons and the United Nations Decade of Disabled Persons concluded that “disability is closely linked to economic and social factors” and that “conditions of living in large parts of the world are so desperate that the provision of basic needs for all - food, water, shelter, health protection and education - must form the cornerstone of national programmes”.[[fn:2]] Even in countries which have a relatively high standard of living, persons with disabilities are very often denied the opportunity to enjoy the full range of economic, social and cultural rights recognized in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":1,"text":"For a comprehensive review of the question, see the final report prepared by Mr. Leandro Despouy, Special Rapporteur, on human rights and disability (E/CN.4/Sub.2/1991/31)."},{"n":2,"text":"See A/47/415, paragraph 5."}],"section":["H. Article 15:  The right to take part in cultural life","and enjoy the benefits of scientific progress"]},{"id":"e-1995-22-0002","docId":"e-1995-22","idx":2,"n":2,"text":"The Committee on Economic, Social and Cultural Rights, and the working group which preceded it, have been explicitly called upon by both the General Assembly3[[fn:3]] and the Commission on Human Rights4[[fn:4]] to monitor the compliance of States parties to the Covenant with their obligation to ensure the full enjoyment of the relevant rights by persons with disabilities.[[fn:23]] The Committee’s experience to date, however, indicates that States parties have devoted very little attention to this issue in their reports. This appears to be consistent with the Secretary-General’s conclusion that “most Governments still lack decisive concerted measures that would effectively improve the situation” of persons with disabilities.[[fn:5]] It is therefore appropriate to review, and emphasize, some of the ways in which issues concerning persons with disabilities arise in connection with the obligations contained in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":3,"text":"See paragraph 165 of the World Programme of Action concerning Disabled Persons, adopted by the General Assembly by its resolution 37/52 of 3 December 1982 (para. 1)."},{"n":4,"text":"See Commission on Human Rights resolutions 1992/48, paragraph 4 and 1993/29, paragraph 7."},{"n":5,"text":"See A/47/415, paragraph 6."},{"n":23,"text":"See also Recommendation No. 99 (1955) concerning vocational rehabilitation of the disabled, and Recommendation No. 168 (1983) concerning vocational rehabilitation and employment of persons with disabilities."}],"section":["H. Article 15:  The right to take part in cultural life","and enjoy the benefits of scientific progress"]},{"id":"e-1995-22-0003","docId":"e-1995-22","idx":3,"n":3,"text":"There is still no internationally accepted definition of the term “disability”. For present purposes, however, it is sufficient to rely on the approach adopted in the Standard Rules of 1993, which state: “The term ‘disability’ summarizes a great number of different functional limitations occurring in any population ... People may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature.”[[fn:6]]6","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":6,"text":"Standard Rules on the Equalization of Opportunities for Persons with Disabilities, annexed to General Assembly resolution 48/96 of 20 December 1993 (Introduction, para. 17)."}]},{"id":"e-1995-22-0004","docId":"e-1995-22","idx":4,"n":4,"text":"In accordance with the approach adopted in the Standard Rules, this general comment uses the term “persons with disabilities” rather than the older term “disabled persons”. It has been suggested that the latter term might be misinterpreted to imply that the ability of the individual to function as a person has been disabled.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994},{"id":"e-1995-22-0005","docId":"e-1995-22","idx":5,"n":5,"text":"The Covenant does not refer explicitly to persons with disabilities. Nevertheless, the Universal Declaration of Human Rights recognizes that all human beings are born free and equal in dignity and rights and, since the Covenant’s provisions apply fully to all members of society, persons with disabilities are clearly entitled to the full range of rights recognized in the Covenant. In addition, insofar as special treatment is necessary, States parties are required to take appropriate measures, to the maximum extent of their available resources, to enable such persons to seek to overcome any disadvantages, in terms of the enjoyment of the rights specified in the Covenant, flowing from their disability. Moreover, the requirement contained in article 2 (2) of the Covenant that the rights “enunciated ... will be exercised without discrimination of any kind” based on certain specified grounds “or other status” clearly applies to discrimination on the grounds of disability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"citedArticles":[{"article":"2","paragraph":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text explicitly reads 'article 2 (2) of the Covenant' in a CESCR general comment; 'the Covenant' unambiguously refers to ICESCR."}]},{"id":"e-1995-22-0006","docId":"e-1995-22","idx":6,"n":6,"text":"The absence of an explicit, disability-related provision in the Covenant can be attributed to the lack of awareness of the importance of addressing this issue explicitly, rather than only by implication, at the time of the drafting of the Covenant over a quarter of a century ago. More recent international human rights instruments have, however, addressed the issue specifically. They include the Convention on the Rights of the Child (art. 23); the African Charter on Human and Peoples’ Rights (art. 18 (4)); and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (art. 18). Thus it is now very widely accepted that the human rights of persons with disabilities must be protected and promoted through general, as well as specially designed, laws, policies and programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"citedArticles":[{"article":"23","treaty":"CRC","confidence":"high","source":"opus","rationale":"Text explicitly reads 'the Convention on the Rights of the Child (art. 23)' — CRC article 23 on children with disabilities."},{"article":"18","paragraph":"4","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly reads 'the African Charter on Human and Peoples' Rights (art. 18 (4))' — regional instrument, not in enumerated list."},{"article":"18","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly reads 'the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (art. 18)' — Protocol of San Salvador, a regional instrument."}]},{"id":"e-1995-22-0007","docId":"e-1995-22","idx":7,"n":7,"text":"In accordance with this approach, the international community has affirmed its commitment to ensuring the full range of human rights for persons with disabilities in the following instruments: (a) the World Programme of Action concerning Disabled Persons, which provides a policy framework aimed at promoting “effective measures for prevention of disability, rehabilitation and the realization of the goals of ‘full participation’ of [persons with disabilities] in social life and development, and of ‘equality’”;[[fn:7]]7 (b) the Guidelines for the Establishment and Development of National Coordinating Committees on Disability or Similar Bodies, adopted in 1990;[[fn:8]]8 (c) the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care,[[fn:20]] adopted in 1991;[[fn:9]]9 (d) the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (hereinafter referred to as the “Standard Rules”), adopted in 1993, the purpose of which is to ensure that all persons with disabilities “may exercise the same rights and obligations as others”.[[fn:10]] The Standard Rules are of major importance and constitute a particularly valuable reference guide in identifying more precisely the relevant obligations of States parties under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":7,"text":"World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 1.","referencesNote":3},{"n":8,"text":"A/C.3/46/4, annex I. Also contained in the Report on the International Meeting on the Roles and Functions of National Coordinating Committees on Disability in Developing Countries, Beijing, 5-11 November 1990 (CSDHA/DDP/NDC/4). See also Economic and Social Council resolution 1991/8 and General Assembly resolution 46/96 of 16 December 1991."},{"n":9,"text":"General Assembly resolution 46/119 of 17 December 1991, annex."},{"n":10,"text":"Standard Rules (see note 6 above), Introduction, paragraph 15.","referencesNote":6},{"n":20,"text":"See note 9 above.","isCrossRef":true,"referencesNote":9,"resolvedText":"General Assembly resolution 46/119 of 17 December 1991, annex."}]},{"id":"e-1995-22-0008","docId":"e-1995-22","idx":8,"n":8,"text":"The United Nations has estimated that there are more than 500 million persons with disabilities in the world today. Of that number, 80 per cent live in rural areas in developing countries. Seventy per cent of the total are estimated to have either limited or no access to the services they need. The challenge of improving the situation of persons with disabilities is thus of direct relevance to every State party to the Covenant. While the means chosen to promote the full realization of the economic, social and cultural rights of this group will inevitably differ significantly from one country to another, there is no country in which a major policy and programme effort is not required.[[fn:11]]11","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":11,"text":"See A/47/415, passim."}],"section":["1.  General obligations of States parties"]},{"id":"e-1995-22-0009","docId":"e-1995-22","idx":9,"n":9,"text":"The obligation of States parties to the Covenant to promote progressive realization of the relevant rights to the maximum of their available resources clearly requires Governments to do much more than merely abstain from taking measures which might have a negative impact on persons with disabilities. The obligation in the case of such a vulnerable and disadvantaged group is to take positive action to reduce structural disadvantages and to give appropriate preferential treatment to people with disabilities in order to achieve the objectives of full participation and equality within society for all persons with disabilities. This almost invariably means that additional resources will need to be made available for this purpose and that a wide range of specially tailored measures will be required.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["1.  General obligations of States parties"]},{"id":"e-1995-22-0010","docId":"e-1995-22","idx":10,"n":10,"text":"According to a report by the Secretary-General, developments over the past decade in both developed and developing countries have been especially unfavourable from the perspective of persons with disabilities: “... current economic and social deterioration, marked by low-growth rates, high unemployment, reduced public expenditure, current structural adjustment programmes and privatization, have negatively affected programmes and services ... If the present negative trends continue, there is the risk that [persons with disabilities] may increasingly be relegated to the margins of society, dependent on ad hoc support.”[[fn:12]] As the Committee has previously observed (general comment No. 3 (Fifth session, 1990), para. 12), the duty of States parties to protect the vulnerable members of their societies assumes greater rather than less importance in times of severe resource constraints.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":12,"text":"Ibid., paragraph 5.","isIbid":true,"resolvedText":"See A/47/415, passim."}],"section":["1.  General obligations of States parties"]},{"id":"e-1995-22-0011","docId":"e-1995-22","idx":11,"n":11,"text":"Given the increasing commitment of Governments around the world to market-based policies, it is appropriate in that context to emphasize certain aspects of States parties’ obligations. One is the need to ensure that not only the public sphere, but also the private sphere, are, within appropriate limits, subject to regulation to ensure the equitable treatment of persons with disabilities. In a context in which arrangements for the provision of public services are increasingly being privatized and in which the free market is being relied on to an ever greater extent, it is essential that private employers, private suppliers of goods and services, and other non-public entities be subject to both non-discrimination and equality norms in relation to persons with disabilities. In circumstances where such protection does not extend beyond the public domain, the ability of persons with disabilities to participate in the mainstream of community activities and to realize their full potential as active members of society will be severely and often arbitrarily constrained. This is not to imply that legislative measures will always be the most effective means of seeking to eliminate discrimination within the private sphere. Thus, for example, the Standard Rules place particular emphasis on the need for States to “take action to raise awareness in society about persons with disabilities, their rights, their needs, their potential and their contribution”.[[fn:13]]13","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":13,"text":"Standard Rules (see note 6 above), Rule 1.","referencesNote":6}],"section":["1.  General obligations of States parties"]},{"id":"e-1995-22-0012","docId":"e-1995-22","idx":12,"n":12,"text":"In the absence of government intervention there will always be instances in which the operation of the free market will produce unsatisfactory results for persons with disabilities, either individually or as a group, and in such circumstances it is incumbent on Governments to step in and take appropriate measures to temper, complement, compensate for, or override the results produced by market forces. Similarly, while it is appropriate for Governments to rely on private, voluntary groups to assist persons with disabilities in various ways, such arrangements can never absolve Governments from their duty to ensure full compliance with their obligations under the Covenant. As the World Programme of Action concerning Disabled Persons states, “the ultimate responsibility for remedying the conditions that lead to impairment and for dealing with the consequences of disability rests with Governments”.[[fn:14]]14","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":14,"text":"World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 3.","referencesNote":3}],"section":["1.  General obligations of States parties"]},{"id":"e-1995-22-0013","docId":"e-1995-22","idx":13,"n":13,"text":"The methods to be used by States parties in seeking to implement their obligations under the Covenant towards persons with disabilities are essentially the same as those available in relation to other obligations (see general comment No. 1 (Third session, 1989)). They include the need to ascertain, through regular monitoring, the nature and scope of the problems existing within the State; the need to adopt appropriately tailored policies and programmes to respond to the requirements thus identified; the need to legislate where necessary and to eliminate any existing discriminatory legislation; and the need to make appropriate budgetary provisions or, where necessary, seek international cooperation and assistance. In the latter respect, international cooperation in accordance with articles 22 and 23 of the Covenant is likely to be a particularly important element in enabling some developing countries to fulfil their obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["2.  Means of implementation"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-1995-22-0014","docId":"e-1995-22","idx":14,"n":14,"text":"In addition, it has been consistently acknowledged by the international community that policy-making and programme implementation in this area should be undertaken on the basis of close consultation with, and involvement of, representative groups of the persons concerned. For this reason, the Standard Rules recommend that everything possible be done to facilitate the establishment of national coordinating committees, or similar bodies, to serve as a national focal point on disability matters. In doing so, Governments should take account of the 1990 Guidelines for the Establishment and Development of National Coordinating Committees on Disability or Similar Bodies.[[fn:15]]15","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":15,"text":"See note 8 above.","isCrossRef":true,"referencesNote":8,"resolvedText":"A/C.3/46/4, annex I. Also contained in the Report on the International Meeting on the Roles and Functions of National Coordinating Committees on Disability in Developing Countries, Beijing, 5-11 November 1990 (CSDHA/DDP/NDC/4). See also Economic and Social Council resolution 1991/8 and General Assembly resolution 46/96 of 16 December 1991."}],"section":["2.  Means of implementation"]},{"id":"e-1995-22-0015","docId":"e-1995-22","idx":15,"n":15,"text":"Both de jure and de facto discrimination against persons with disabilities have a long history and take various forms. They range from invidious discrimination, such as the denial of educational opportunities, to more “subtle” forms of discrimination such as segregation and isolation achieved through the imposition of physical and social barriers. For the purposes of the Covenant, “disability-based discrimination” may be defined as including any distinction, exclusion, restriction or preference, or denial of reasonable accommodation based on disability which has the effect of nullifying or impairing the recognition, enjoyment or exercise of economic, social or cultural rights. Through neglect, ignorance, prejudice and false assumptions, as well as through exclusion, distinction or separation, persons with disabilities have very often been prevented from exercising their economic, social or cultural rights on an equal basis with persons without disabilities. The effects of disability-based discrimination have been particularly severe in the fields of education, employment, housing, transport, cultural life, and access to public places and services.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["3.  The obligation to eliminate discrimination on the grounds of disability"]},{"id":"e-1995-22-0016","docId":"e-1995-22","idx":16,"n":16,"text":"Despite some progress in terms of legislation over the past decade,[[fn:16]]16 the legal situation of persons with disabilities remains precarious. In order to remedy past and present discrimination, and to deter future discrimination, comprehensive anti-discrimination legislation in relation to disability would seem to be indispensable in virtually all States parties. Such legislation should not only provide persons with disabilities with judicial remedies as far as possible and appropriate, but also provide for social policy programmes which enable persons with disabilities to live an integrated, self-determined and independent life.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":16,"text":"See A/47/415, paragraphs 37-38."}],"section":["3.  The obligation to eliminate discrimination on the grounds of disability"]},{"id":"e-1995-22-0017","docId":"e-1995-22","idx":17,"n":17,"text":"Anti-discrimination measures should be based on the principle of equal rights for persons with disabilities and the non-disabled, which, in the words of the World Programme of Action concerning Disabled Persons, “implies that the needs of each and every individual are of equal importance, that these needs must be made the basis for the planning of societies, and that all resources must be employed in such a way as to ensure, for every individual, equal opportunity for participation. Disability policies should ensure the access of [persons with disabilities] to all community services”.[[fn:17]]17","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":17,"text":"World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 25.","referencesNote":3}],"section":["3.  The obligation to eliminate discrimination on the grounds of disability"]},{"id":"e-1995-22-0018","docId":"e-1995-22","idx":18,"n":18,"text":"Because appropriate measures need to be taken to undo existing discrimination and to establish equitable opportunities for persons with disabilities, such actions should not be considered discriminatory in the sense of article 2 (2) of the International Covenant on Economic, Social and Cultural Rights as long as they are based on the principle of equality and are employed only to the extent necessary to achieve that objective.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["3.  The obligation to eliminate discrimination on the grounds of disability"],"citedArticles":[{"treaty":"ICESCR","article":"2","paragraph":"2","source":"regex"}]},{"id":"e-1995-22-0019","docId":"e-1995-22","idx":19,"n":19,"text":"Persons with disabilities are sometimes treated as genderless human beings. As a result, the double discrimination suffered by women with disabilities is often neglected.[[fn:18]] Despite frequent calls by the international community for particular emphasis to be placed upon their situation, very few efforts have been undertaken during the Decade. The neglect of women with disabilities is mentioned several times in the report of the Secretary-General on the implementation of the World Programme of Action.[[fn:19]] The Committee therefore urges States parties to address the situation of women with disabilities, with high priority being given in future to the implementation of economic, social and cultural rights-related programmes.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":18,"text":"See E/CN.4/Sub.2/1991/31 (see note 1 above), paragraph 140.","referencesNote":1},{"n":19,"text":"See A/47/415, paragraphs 35, 46, 74 and 77."}],"section":["A.  Article 3:  Equal rights for men and women"]},{"id":"e-1995-22-0020","docId":"e-1995-22","idx":20,"n":20,"text":"The field of employment is one in which disability-based discrimination has been prominent and persistent. In most countries the unemployment rate among persons with disabilities is two to three times higher than the unemployment rate for persons without disabilities. Where persons with disabilities are employed, they are mostly engaged in low-paid jobs with little social and legal security and are often segregated from the mainstream of the labour market. The integration of persons with disabilities into the regular labour market should be actively supported by States.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"]},{"id":"e-1995-22-0021","docId":"e-1995-22","idx":21,"n":21,"text":"The “right of everyone to the opportunity to gain his living by work which he freely chooses or accepts” (art. 6 (1)) is not realized where the only real opportunity open to disabled workers is to work in so-called “sheltered” facilities under sub-standard conditions. Arrangements whereby persons with a certain category of disability are effectively confined to certain occupations or to the production of certain goods may violate this right. Similarly, in the light of principle 13 (3) of the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care,20 “therapeutical treatment” in institutions which amounts to forced labour is also incompatible with the Covenant. In this regard, the prohibition on forced labour contained in the International Covenant on Civil and Political Rights is also of potential relevance.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"],"citedArticles":[{"treaty":"ICCPR","article":"6","paragraph":"1","source":"regex"}]},{"id":"e-1995-22-0022","docId":"e-1995-22","idx":22,"n":22,"text":"According to the Standard Rules, persons with disabilities, whether in rural or urban areas, must have equal opportunities for productive and gainful employment in the labour market.[[fn:21]] For this to happen it is particularly important that artificial barriers to integration in general, and to employment in particular, be removed. As the International Labour Organization has noted, it is very often the physical barriers that society has erected in areas such as transport, housing and the workplace which are then cited as the reason why persons with disabilities cannot be employed.[[fn:22]] For example, as long as workplaces are designed and built in ways that make them inaccessible to wheelchairs, employers will be able to “justify” their failure to employ wheelchair users. Governments should also develop policies which promote and regulate flexible and alternative work arrangements that reasonably accommodate the needs of disabled workers.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":21,"text":"Standard Rules (see note 6 above), Rule 7.","referencesNote":6},{"n":22,"text":"See A/CONF.157/PC/61/Add.10, p. 12."}],"section":["B.  Articles 6-8:  Rights relating to work"]},{"id":"e-1995-22-0023","docId":"e-1995-22","idx":23,"n":23,"text":"Similarly, the failure of Governments to ensure that modes of transportation are accessible to persons with disabilities greatly reduces the chances of such persons finding suitable, integrated jobs, taking advantage of educational and vocational training, or commuting to facilities of all types. Indeed, the provision of access to appropriate and, where necessary, specially tailored forms of transportation is crucial to the realization by persons with disabilities of virtually all the rights recognized in the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"]},{"id":"e-1995-22-0024","docId":"e-1995-22","idx":24,"n":24,"text":"The “technical and vocational guidance and training programmes” required under article 6 (2) of the Covenant should reflect the needs of all persons with disabilities, take place in integrated settings, and be planned and implemented with the full involvement of representatives of persons with disabilities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"6","paragraph":"2","source":"regex"}]},{"id":"e-1995-22-0025","docId":"e-1995-22","idx":25,"n":25,"text":"The right to “the enjoyment of just and favourable conditions of work” (art. 7) applies to all disabled workers, whether they work in sheltered facilities or in the open labour market. Disabled workers may not be discriminated against with respect to wages or other conditions if their work is equal to that of non-disabled workers. States parties have a responsibility to ensure that disability is not used as an excuse for creating low standards of labour protection or for paying below minimum wages.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-1995-22-0026","docId":"e-1995-22","idx":26,"n":26,"text":"Trade union-related rights (art. 8) apply equally to workers with disabilities and regardless of whether they work in special work facilities or in the open labour market. In addition, article 8, read in conjunction with other rights such as the right to freedom of association, serves to emphasize the importance of the right of persons with disabilities to form their own organizations. If these organizations are to be effective in “the promotion and protection of [the] economic and social interests” (art. 8 (1) (a)) of such persons, they should be consulted regularly by government bodies and others in relation to all matters affecting them; it may also be necessary that they be supported financially and otherwise so as to ensure their viability.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"8","source":"regex"},{"treaty":"ICESCR","article":"8","paragraph":"1","source":"regex"}]},{"id":"e-1995-22-0027","docId":"e-1995-22","idx":27,"n":27,"text":"The International Labour Organization has developed valuable and comprehensive instruments with respect to the work-related rights of persons with disabilities, including in particular Convention No. 159 (1983) concerning vocational rehabilitation and employment of persons with disabilities.23 The Committee encourages States parties to the Covenant to consider ratifying that Convention.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["B.  Articles 6-8:  Rights relating to work"]},{"id":"e-1995-22-0028","docId":"e-1995-22","idx":28,"n":28,"text":"Social security and income-maintenance schemes are of particular importance for persons with disabilities. As stated in the Standard Rules, “States should ensure the provision of adequate income support to persons with disabilities who, owing to disability or disability-related factors, have temporarily lost or received a reduction in their income or have been denied employment opportunities”.[[fn:24]] Such support should reflect the special needs for assistance and other expenses often associated with disability. In addition, as far as possible, the support provided should also cover individuals (who are overwhelmingly female) who undertake the care of a person with disabilities. Such persons, including members of the families of persons with disabilities, are often in urgent need of financial support because of their assistance role.[[fn:25]]25","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":24,"text":"Standard Rules (see note 6 above), Rule 8, paragraph 1.","referencesNote":6},{"n":25,"text":"See A/47/415, paragraph 78."}],"section":["C.  Article 9:  Social security"]},{"id":"e-1995-22-0029","docId":"e-1995-22","idx":29,"n":29,"text":"Institutionalization of persons with disabilities, unless rendered necessary for other reasons, cannot be regarded as an adequate substitute for the social security and income-support rights of such persons.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["C.  Article 9:  Social security"]},{"id":"e-1995-22-0030","docId":"e-1995-22","idx":30,"n":30,"text":"In the case of persons with disabilities, the Covenant’s requirement that “protection and assistance” be rendered to the family means that everything possible should be done to enable such persons, when they so wish, to live with their families. Article 10 also implies, subject to the general principles of international human rights law, the right of persons with disabilities to marry and have their own family. These rights are frequently ignored or denied, especially in the case of persons with mental disabilities.[[fn:26]] In this and other contexts, the term “family” should be interpreted broadly and in accordance with appropriate local usage. States parties should ensure that laws and social policies and practices do not impede the realization of these rights. Persons with disabilities should have access to necessary counselling services in order to fulfil their rights and duties within the family.[[fn:27]]27","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":26,"text":"See E/CN.4/Sub.2/1991/31 (see note 1 above), paragraphs 190 and 193.","referencesNote":1},{"n":27,"text":"See the World Programme of Action concerning Disabled Persons (see note 3 above), paragraph 74.","referencesNote":3}],"section":["D.  Article 10:  Protection of the family and of mothers and children"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-1995-22-0031","docId":"e-1995-22","idx":31,"n":31,"text":"Women with disabilities also have the right to protection and support in relation to motherhood and pregnancy. As the Standard Rules state, “persons with disabilities must not be denied the opportunity to experience their sexuality, have sexual relationships and experience parenthood”.[[fn:28]] The needs and desires in question should be recognized and addressed in both the recreational and the procreational contexts. These rights are commonly denied to both men and women with disabilities worldwide.[[fn:29]] Both the sterilization of, and the performance of an abortion on, a woman with disabilities without her prior informed consent are serious violations of article 10 (2).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":28,"text":"Standard Rules (see note 6 above), Rule 9, paragraph 2.","referencesNote":6},{"n":29,"text":"See E/CN.6/1991/2, paragraphs 14 and 59-68."}],"section":["D.  Article 10:  Protection of the family and of mothers and children"],"citedArticles":[{"treaty":"ICESCR","article":"10","paragraph":"2","source":"regex"}]},{"id":"e-1995-22-0032","docId":"e-1995-22","idx":32,"n":32,"text":"Children with disabilities are especially vulnerable to exploitation, abuse and neglect and are, in accordance with article 10 (3) of the Covenant (reinforced by the corresponding provisions of the Convention on the Rights of the Child), entitled to special protection.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["D.  Article 10:  Protection of the family and of mothers and children"],"citedArticles":[{"treaty":"CRC","article":"10","paragraph":"3","source":"regex"}]},{"id":"e-1995-22-0033","docId":"e-1995-22","idx":33,"n":33,"text":"In addition to the need to ensure that persons with disabilities have access to adequate food, accessible housing and other basic material needs, it is also necessary to ensure that “support services, including assistive devices” are available “for persons with disabilities, to assist them to increase their level of independence in their daily living and to exercise their rights”.[[fn:30]] The right to adequate clothing also assumes a special significance in the context of persons with disabilities who have particular clothing needs, so as to enable them to function fully and effectively in society. Wherever possible, appropriate personal assistance should also be provided in this connection. Such assistance should be undertaken in a manner and spirit which fully respect the human rights of the person(s) concerned. Similarly, as already noted by the Committee in paragraph 8 of general comment No. 4 (Sixth session, 1991), the right to adequate housing includes the right to accessible housing for persons with disabilities.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":30,"text":"Standard Rules (see note 6 above), Rule 4.","referencesNote":6}],"section":["E.  Article 11:  The right to an adequate standard of living"]},{"id":"e-1995-22-0034","docId":"e-1995-22","idx":34,"n":34,"text":"According to the Standard Rules, “States should ensure that persons with disabilities, particularly infants and children, are provided with the same level of medical care within the same system as other members of society”.[[fn:31]] The right to physical and mental health also implies the right to have access to, and to benefit from, those medical and social services - including orthopaedic devices - which enable persons with disabilities to become independent, prevent further disabilities and support their social integration.[[fn:32]] Similarly, such persons should be provided with rehabilitation services which would enable them “to reach and sustain their optimum level of independence and functioning”.[[fn:33]] All such services should be provided in such a way that the persons concerned are able to maintain full respect for their rights and dignity.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":31,"text":"Ibid., Rule 2, paragraph 3.","isIbid":true,"resolvedText":"Standard Rules (see note 6 above), Rule 4."},{"n":32,"text":"See the Declaration on the Rights of Disabled Persons (General Assembly resolution 3447 (XXX) of 9 December 1975), paragraph 6; and the World Programme of Action concerning Disabled Persons (see note 3 above), paragraphs 95-107.","referencesNote":3},{"n":33,"text":"Standard Rules (see note 6 above), Rule 3.","referencesNote":6}],"section":["F.  Article 12:  The right to physical and mental health"]},{"id":"e-1995-22-0035","docId":"e-1995-22","idx":35,"n":35,"text":"School programmes in many countries today recognize that persons with disabilities can best be educated within the general education system.[[fn:34]] Thus the Standard Rules provide that “States should recognize the principle of equal primary, secondary and tertiary educational opportunities for children, youth and adults with disabilities, in integrated settings”.[[fn:35]] In order to implement such an approach, States should ensure that teachers are trained to educate children with disabilities within regular schools and that the necessary equipment and support are available to bring persons with disabilities up to the same level of education as their non-disabled peers. In the case of deaf children, for example, sign language should be recognized as a separate language to which the children should have access and whose importance should be acknowledged in their overall social environment.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":34,"text":"See A/47/415, paragraph 73."},{"n":35,"text":"Standard Rules (see note 6 above), Rule 6.","referencesNote":6}],"section":["G.  Articles 13 and 14:  The right to education"]},{"id":"e-1995-22-0036","docId":"e-1995-22","idx":36,"n":36,"text":"The Standard Rules provide that “States should ensure that persons with disabilities have the opportunity to utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community, be they in urban or rural areas. ... States should promote the accessibility to and availability of places for cultural performances and services ...”.[[fn:36]] The same applies to places for recreation, sports and tourism.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":36,"text":"Ibid., Rule 10, paragraphs 1-2.","isIbid":true,"resolvedText":"Standard Rules (see note 6 above), Rule 6."}],"section":["H. Article 15:  The right to take part in cultural life","and enjoy the benefits of scientific progress"]},{"id":"e-1995-22-0037","docId":"e-1995-22","idx":37,"n":37,"text":"The right to full participation in cultural and recreational life for persons with disabilities further requires that communication barriers be eliminated to the greatest extent possible. Useful measures in this regard might include “the use of talking books, papers written in simple language and with clear format and colours for persons with mental disability, [and] adapted television and theatre for deaf persons”.[[fn:37]]37","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"footnotes":[{"n":37,"text":"See A/47/415, paragraph 79. Thirteenth session (1995)* General comment No. 6: The economic, social and cultural rights of older persons 1. Introduction 1. The world population is ageing at a steady, quite spectacular rate. The total number of persons aged 60 and above rose from 200 million in 1950 to 400 million in 1982 and is projected to reach 600 million in the year 2001 and 1.2 billion by the year 2025, at which time over 70 per cent of them will be living in what are today’s developing countries. The number of people aged 80 and above has grown and continues to grow even more dramatically, going from 13 million in 1950 to over 50 million today and projected to increase to 137 million in 2025. This is the fastest growing population group in the world, projected to increase by a factor of 10 between 1950 and 2025, compared with a factor of 6 for the group aged 60 and above and a factor of little more than 3 for the total population.1 2. These figures are illustrations of a quiet revolution, but one which has far-reaching and unpredictable consequences and which is now affecting the social and economic structures of societies both at the world level and at the country level, and will affect them even more in future."}],"section":["H. Article 15:  The right to take part in cultural life","and enjoy the benefits of scientific progress"]},{"id":"e-1995-22-0038","docId":"e-1995-22","idx":38,"n":38,"text":"In order to facilitate the equal participation in cultural life of persons with disabilities, Governments should inform and educate the general public about disability. In particular, measures must be taken to dispel prejudices or superstitious beliefs against persons with disabilities, for example those that view epilepsy as a form of spirit possession or a child with disabilities as a form of punishment visited upon the family. Similarly, the general public should be educated to accept that persons with disabilities have as much right as any other person to make use of restaurants, hotels, recreation centres and cultural venues.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1994,"section":["H. Article 15:  The right to take part in cultural life","and enjoy the benefits of scientific progress"]},{"id":"e-1996-22-0001","docId":"e-1996-22","idx":1,"n":1,"text":"The world population is ageing at a steady, quite spectacular rate. The total number of persons aged 60 and above rose from 200 million in 1950 to 400 million in 1982 and is projected to reach 600 million in the year 2001 and 1.2 billion by the year 2025, at which time over 70 per cent of them will be living in what are today’s developing countries. The number of people aged 80 and above has grown and continues to grow even more dramatically, going from 13 million in 1950 to over 50 million today and projected to increase to 137 million in 2025. This is the fastest growing population group in the world, projected to increase by a factor of 10 between 1950 and 2025, compared with a factor of 6 for the group aged 60 and above and a factor of little more than 3 for the total population.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":1,"text":"Global targets on ageing for the year 2001: a practical strategy. Report of the Secretary-General (A/47/339), paragraph 5."}],"section":["1.  Introduction"]},{"id":"e-1996-22-0002","docId":"e-1996-22","idx":2,"n":2,"text":"These figures are illustrations of a quiet revolution, but one which has far reaching and unpredictable consequences and which is now affecting the social and economic structures of societies both at the world level and at the country level, and will affect them even more in future.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["1.  Introduction"]},{"id":"e-1996-22-0003","docId":"e-1996-22","idx":3,"n":3,"text":"Most of the States parties to the Covenant, and the industrialized countries in particular, are faced with the task of adapting their social and economic policies to the ageing of their populations, especially as regards social security. In the developing countries, the absence or deficiencies of social security coverage are being aggravated by the emigration of the younger members of the population and the consequent weakening of the traditional role of the family, the main support of older people.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["1.  Introduction"]},{"id":"e-1996-22-0004","docId":"e-1996-22","idx":4,"n":4,"text":"In 1982 the World Assembly on Ageing adopted the Vienna International Plan of Action on Ageing. This important document was endorsed by the General Assembly and is a very useful guide, for it details the measures that should be taken by Member States to safeguard the rights of older persons within the context of the rights proclaimed by the International Covenants on Human Rights. It contains 62 recommendations, many of which are of direct relevance to the Covenant.[[fn:2]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":2,"text":"Report of the World Assembly on Ageing, Vienna, 26 July-6 August 1982; (United Nations publication, Sales No. E.82.I.16)."}],"section":["2.  Internationally endorsed policies in relation to older persons"]},{"id":"e-1996-22-0005","docId":"e-1996-22","idx":5,"n":5,"text":"In 1991 the General Assembly adopted the United Nations Principles for Older Persons which, because of their programmatic nature, is also an important document in the present context.[[fn:3]] It is divided into five sections which correlate closely to the rights recognized in the Covenant. “Independence” includes access to adequate food, water, shelter, clothing and health care. To these basic rights are added the opportunity to remunerated work and access to education and training. By “participation” is meant that older persons should participate actively in the formulation and implementation of policies that affect their well being and share their knowledge and skills with younger generations, and should be able to form movements and associations. The section headed “Care” proclaims that older persons should benefit from family care, health care and be able to enjoy human rights and fundamental freedoms when residing in a shelter, care or treatment facility. With regard to “self fulfilment”, the principles that older persons should pursue opportunities for the full development of their potential through access to the educational, cultural, spiritual and recreational resources of their societies. Lastly, the section entitled “dignity” states that older persons should be able to live in dignity and security and be free of exploitation and physical or mental abuse, should be treated fairly, regardless of age, gender, racial or ethnic background, disability, financial situation or any other status, and be valued independently of their economic contribution.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":3,"text":"General Assembly resolution 46/91 of 16 December 1991, “Implementation of the International Plan of Action on Ageing and related activities”, annex."}],"section":["2.  Internationally endorsed policies in relation to older persons"]},{"id":"e-1996-22-0006","docId":"e-1996-22","idx":6,"n":6,"text":"In 1992, the General Assembly adopted eight global targets on ageing for the year 2001 and a brief guide for setting national targets. In a number of important respects, these global targets serve to reinforce the obligations of States parties to the Covenant.[[fn:4]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":4,"text":"Global targets on ageing for the year 2001: a practical strategy (A/47/339), chapters III and IV."}],"section":["2.  Internationally endorsed policies in relation to older persons"]},{"id":"e-1996-22-0007","docId":"e-1996-22","idx":7,"n":7,"text":"Also in 1992, and in commemoration of the tenth anniversary of the adoption of the Vienna International Plan of Action by the Conference on Ageing, the General Assembly adopted the Proclamation on Ageing in which it urged support of national initiatives on ageing so that older women are given adequate support for their largely unrecognized contributions to society and older men are encouraged to develop social, cultural and emotional capacities which they may have been prevented from developing during breadwinning years; families are supported in providing care and all family members encouraged to cooperate in care giving; and that international cooperation is expanded in the context of the strategies for reaching the global targets on ageing for the year 2001. It also proclaimed the year 1999 as the International Year of Older Persons in recognition of humanity’s demographic “coming of age”.[[fn:5]]","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":5,"text":"General Assembly resolution 47/5 of 16 October 1992, “Proclamation on Ageing”."}],"section":["2.  Internationally endorsed policies in relation to older persons"]},{"id":"e-1996-22-0008","docId":"e-1996-22","idx":8,"n":8,"text":"The United Nations specialized agencies, especially the International Labour Organization, have also given attention to the problem of ageing in their respective fields of competence.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["2.  Internationally endorsed policies in relation to older persons"]},{"id":"e-1996-22-0009","docId":"e-1996-22","idx":9,"n":9,"text":"The terminology used to describe older persons varies considerably, even in international documents. It includes: “older persons”, “the aged”, “the elderly”, “the third age”, “the ageing”, and, to denote persons more than 80 years of age, “the fourth age”. The Committee opted for “older persons” (in French, personnes âgées; in Spanish, personas mayores), the term employed in General Assembly resolutions 47/5 and 48/98. According to the practice in the United Nations statistical services, these terms cover persons aged 60 and above (Eurostat, the statistical service of the European Union, considers “older persons” to mean persons aged 65 or above, since 65 is the most common age of retirement and the trend is towards later retirement still).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"]},{"id":"e-1996-22-0010","docId":"e-1996-22","idx":10,"n":10,"text":"The International Covenant on Economic, Social and Cultural Rights does not contain any explicit reference to the rights of older persons, although article 9 dealing with “the right of everyone to social security, including social insurance”, implicitly recognizes the right to old age benefits. Nevertheless, in view of the fact that the Covenant’s provisions apply fully to all members of society, it is clear that older persons are entitled to enjoy the full range of rights recognized in the Covenant. This approach is also fully reflected in the Vienna International Plan of Action on Ageing. Moreover, insofar as respect for the rights of older persons requires special measures to be taken, States parties are required by the Covenant to do so to the maximum of their available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0011","docId":"e-1996-22","idx":11,"n":11,"text":"Another important issue is whether discrimination on the basis of age is prohibited by the Covenant. Neither the Covenant nor the Universal Declaration of Human Rights refers explicitly to age as one of the prohibited grounds. Rather than being seen as an intentional exclusion, this omission is probably best explained by the fact that, when these instruments were adopted, the problem of demographic ageing was not as evident or as pressing as it is now.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"]},{"id":"e-1996-22-0012","docId":"e-1996-22","idx":12,"n":12,"text":"This is not determinative of the matter, however, since the prohibition of discrimination on the grounds of “other status” could be interpreted as applying to age. The Committee notes that while it may not yet be possible to conclude that discrimination on the grounds of age is comprehensively prohibited by the Covenant, the range of matters in relation to which such discrimination can be accepted is very limited. Moreover, it must be emphasized that the unacceptableness of discrimination against older persons is underlined in many international policy documents and is confirmed in the legislation of the vast majority of States. In the few areas in which discrimination continues to be tolerated, such as in relation to mandatory retirement ages or access to tertiary education, there is a clear trend towards the elimination of such barriers. The Committee is of the view that States parties should seek to expedite this trend to the greatest extent possible.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"]},{"id":"e-1996-22-0013","docId":"e-1996-22","idx":13,"n":13,"text":"Accordingly, the Committee on Economic, Social and Cultural Rights is of the view that States parties to the Covenant are obligated to pay particular attention to promoting and protecting the economic, social and cultural rights of older persons. The Committee’s own role in this regard is rendered all the more important by the fact that, unlike the case of other population groups such as women and children, no comprehensive international convention yet exists in relation to the rights of older persons and no binding supervisory arrangements attach to the various sets of United Nations principles in this area.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"]},{"id":"e-1996-22-0014","docId":"e-1996-22","idx":14,"n":14,"text":"By the end of its thirteenth session, the Committee and, before that, its predecessor, the Sessional Working Group of Governmental Experts, had examined 144 initial reports, 70 second periodic reports and 20 initial and periodic global reports on articles 1 to 15. This examination made it possible to identify many of the problems that may be encountered in implementing the Covenant in a considerable number of States parties that represent all the regions of the world and have different political, socio economic and cultural systems. The reports examined to date have not provided any information in a systematic way on the situation of older persons with regard to compliance with the Covenant, apart from information, of varying completeness, on the implementation of article 9 relating to the right to social security.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"],"citedArticles":[{"treaty":"ICESCR","article":"1","source":"regex"},{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0015","docId":"e-1996-22","idx":15,"n":15,"text":"In 1993, the Committee devoted a day of general discussion to this issue in order to plan its future activity in this area. Moreover, it has, at recent sessions, begun to attach substantially more importance to information on the rights of older persons and its questioning has elicited some very valuable information in some instances. Nevertheless, the Committee notes that the great majority of States parties reports continue to make little reference to this important issue. It therefore wishes to indicate that, in future, it will insist that the situation of older persons in relation to each of the rights recognized in the Covenant should be adequately addressed in all reports. The remainder of this general comment identifies the specific issues which are relevant in this regard.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Covenant on Economic, Social and Cultural Rights"]},{"id":"e-1996-22-0016","docId":"e-1996-22","idx":16,"n":16,"text":"Older persons as a group are as heterogeneous and varied as the rest of the population and their situation depends on a country’s economic and social situation, on demographic, environmental, cultural and employment factors and, at the individual level, on the family situation, the level of education, the urban or rural environment and the occupation of workers and retirees.","labels":["Persons living in rural/remote areas"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["4.  General obligations of States parties"]},{"id":"e-1996-22-0017","docId":"e-1996-22","idx":17,"n":17,"text":"Side by side with older persons who are in good health and whose financial situation is acceptable, there are many who do not have adequate means of support, even in developed countries, and who feature prominently among the most vulnerable, marginal and unprotected groups. In times of recession and of restructuring of the economy, older persons are particularly at risk. As the Committee has previously stressed (General Comment No. 3 (1990), para. 12), even in times of severe resource constraints, States parties have the duty to protect the vulnerable members of society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["4.  General obligations of States parties"]},{"id":"e-1996-22-0018","docId":"e-1996-22","idx":18,"n":18,"text":"The methods that States parties use to fulfil the obligations they have assumed under the Covenant in respect of older persons will be basically the same as those for the fulfilment of other obligations (see General Comment No. 1 (1989)). They include the need to determine the nature and scope of problems within a State through regular monitoring, the need to adopt properly designed policies and programmes to meet requirements, the need to enact legislation when necessary and to eliminate any discriminatory legislation and the need to ensure the relevant budget support or, as appropriate, to request international cooperation. In the latter connection, international cooperation in accordance with articles 22 and 23 of the Covenant may be a particularly important way of enabling some developing countries to fulfil their obligations under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["4.  General obligations of States parties"],"citedArticles":[{"treaty":"ICESCR","article":"22","source":"regex"},{"treaty":"ICESCR","article":"23","source":"regex"}]},{"id":"e-1996-22-0019","docId":"e-1996-22","idx":19,"n":19,"text":"In this context, attention may be drawn to Global target No. 1, adopted by the General Assembly in 1992, which calls for the establishment of national support infrastructures to promote policies and programmes on ageing in national and international development plans and programmes. In this regard, the Committee notes that one of the United Nations Principles for Older Persons which Governments were encouraged to incorporate into their national programmes is that older persons should be able to form movements or associations of older persons.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["4.  General obligations of States parties"]},{"id":"e-1996-22-0020","docId":"e-1996-22","idx":20,"n":20,"text":"In accordance with article 3 of the Covenant, by which States parties undertake “to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights”, the Committee considers that States parties should pay particular attention to older women who, because they have spent all or part of their lives caring for their families without engaging in a remunerated activity entitling them to an old age pension, and who are also not entitled to a widow’s pension, are often in critical situations.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 3:  Equal rights of men and women"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"}]},{"id":"e-1996-22-0021","docId":"e-1996-22","idx":21,"n":21,"text":"To deal with such situations and comply fully with article 9 of the Covenant and paragraph 2 (h) of the Proclamation on Ageing, States parties should institute non contributory old age benefits or other assistance for all persons, regardless of their sex, who find themselves without resources on attaining an age specified in national legislation. Given their greater life expectancy and the fact that it is more often they who have no contributory pensions, women would be the principal beneficiaries.","labels":["Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 3:  Equal rights of men and women"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0022","docId":"e-1996-22","idx":22,"n":22,"text":"Article 6 of the Covenant requires States parties to take appropriate steps to safeguard the right of everyone to the opportunity to gain a living by work which is freely chosen or accepted. In this regard, the Committee, bearing in mind that older workers who have not reached retirement age often encounter problems in finding and keeping jobs, stresses the need for measures to prevent discrimination on grounds of age in employment and occupation.[[fn:6]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":6,"text":"See ILO Recommendation 162 (1980) concerning Older Workers, paragraphs 3-10."}],"section":["Articles 6 to 8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"6","source":"regex"}]},{"id":"e-1996-22-0023","docId":"e-1996-22","idx":23,"n":23,"text":"The right “to the enjoyment of just and favourable conditions of work” (Covenant, art. 7) is of special importance for ensuring that older workers enjoy safe working conditions until their retirement. In particular, it is desirable, to employ older workers in circumstances in which the best use can be made of their experience and know how.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 6 to 8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-1996-22-0024","docId":"e-1996-22","idx":24,"n":24,"text":"In the years preceding retirement, retirement preparation programmes should be implemented, with the participation of representative organizations of employers and workers and other bodies concerned, to prepare older workers to cope with their new situation. Such programmes should, in particular, provide older workers with information about: their rights and obligations as pensioners; the opportunities and conditions for continuing an occupational activity or undertaking voluntary work; means of combating detrimental effects of ageing; facilities for adult education and cultural activities, and the use of leisure time.[[fn:8]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"footnotes":[{"n":8,"text":"Ibid., paragraph 30.","isIbid":true,"resolvedText":"See ILO Recommendation 162 (1980) concerning Older Workers, paragraphs 3-10."}],"section":["Articles 6 to 8:  Rights relating to work"]},{"id":"e-1996-22-0025","docId":"e-1996-22","idx":25,"n":25,"text":"The rights protected by article 8 of the Covenant, namely, trade union rights, including after retirement age, must be applied to older workers.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 6 to 8:  Rights relating to work"],"citedArticles":[{"treaty":"ICESCR","article":"8","source":"regex"}]},{"id":"e-1996-22-0026","docId":"e-1996-22","idx":26,"n":26,"text":"Article 9 of the Covenant provides generally that States parties “recognize the right of everyone to social security”, without specifying the type or level of protection to be guaranteed. However, the term “social security” implicitly covers all the risks involved in the loss of means of subsistence for reasons beyond a person’s control.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 9:  Right to social security"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0027","docId":"e-1996-22","idx":27,"n":27,"text":"In accordance with article 9 of the Covenant and the provisions concerning implementation of the ILO social security conventions Convention No. 102 concerning Social Security (Minimum Standards) (1952) and Convention No. 128 concerning Invalidity, Old Age and Survivors’ Benefits (1967) States parties must take appropriate measures to establish general regimes of compulsory old age insurance, starting at a particular age, to be prescribed by national law.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 9:  Right to social security"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0028","docId":"e-1996-22","idx":28,"n":28,"text":"In keeping with the recommendations contained in the two ILO Conventions mentioned above and Recommendation No. 162, the Committee invites States parties to establish retirement age so that it is flexible, depending on the occupations performed and the working ability of elderly persons, with due regard to demographic, economic and social factors.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 9:  Right to social security"]},{"id":"e-1996-22-0029","docId":"e-1996-22","idx":29,"n":29,"text":"In order to give effect to the provisions of article 9 of the Covenant, States parties must guarantee the provision of survivors’ and orphans’ benefits on the death of the breadwinner who was covered by social security or receiving a pension.","labels":["Children in alternative care"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 9:  Right to social security"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0030","docId":"e-1996-22","idx":30,"n":30,"text":"Furthermore, as already observed in paragraphs 20 and 21, in order fully to implement the provisions of article 9 of the Covenant, States parties should, within the limits of available resources, provide non contributory old age benefits and other assistance for all older persons, who, when reaching the age prescribed in national legislation, have not completed a qualifying period of contribution and are not entitled to an old age pension or other social security benefit or assistance and have no other source of income.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 9:  Right to social security"],"citedArticles":[{"treaty":"ICESCR","article":"9","source":"regex"}]},{"id":"e-1996-22-0031","docId":"e-1996-22","idx":31,"n":31,"text":"On the basis of article 10, paragraph 1, of the Covenant and recommendations 25 and 29 of the Vienna International Plan of Action on Ageing, States parties should make all the necessary efforts to support, protect and strengthen the family and help it, in accordance with each society’s system of cultural values, to respond to the needs of its dependent ageing members. Recommendation 29 encourages Governments and non governmental organizations to establish social services to support the whole family when there are elderly people at home and to implement measures especially for low income families who wish to keep elderly people at home. This assistance should also be provided for persons living alone or elderly couples wishing to remain at home.","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 10:  Protection of the family"],"citedArticles":[{"treaty":"ICESCR","article":"10","source":"regex"}]},{"id":"e-1996-22-0032","docId":"e-1996-22","idx":32,"n":32,"text":"Of the United Nations Principles for Older Persons, principle 1, which stands at the beginning of the section relating to the independence of older persons, provides that: “Older persons should have access to adequate food, water, shelter, clothing and health care through the provision of income, family and community support and self help”. The Committee attaches great importance to this principle, which demands for older persons the rights contained in article 11 of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 11:  Right to an adequate standard of living"],"citedArticles":[{"treaty":"ICESCR","article":"11","source":"regex"}]},{"id":"e-1996-22-0033","docId":"e-1996-22","idx":33,"n":33,"text":"Recommendations 19 to 24 of the Vienna International Plan of Action on Ageing emphasize that housing for the elderly must be viewed as more than mere shelter and that, in addition to the physical, it has psychological and social significance which should be taken into account. Accordingly, national policies should help elderly persons to continue to live in their own homes as long as possible, through the restoration, development and improvement of homes and their adaptation to the ability of those persons to gain access to and use them (recommendation 19). Recommendation 20 stresses the need for urban rebuilding and development planning and law to pay special attention to the problems of the ageing, assisting in securing their social integration, while recommendation 22 draws attention to the need to take account of the functional capacity of the elderly in order to provide them with a better living environment and facilitate mobility and communication through the provision of adequate means of transport.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 11:  Right to an adequate standard of living"]},{"id":"e-1996-22-0034","docId":"e-1996-22","idx":34,"n":34,"text":"With a view to the realization of the right of elderly persons to the enjoyment of a satisfactory standard of physical and mental health, in accordance with article 12, paragraph 1, of the Covenant, States parties should take account of the content of recommendations 1 to 17 of the Vienna International Plan of Action on Ageing, which focus entirely on providing guidelines on health policy to preserve the health of the elderly and take a comprehensive view, ranging from prevention and rehabilitation to the care of the terminally ill.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 12:  Right to physical and mental health"],"citedArticles":[{"treaty":"ICESCR","article":"12","source":"regex"}]},{"id":"e-1996-22-0035","docId":"e-1996-22","idx":35,"n":35,"text":"Clearly, the growing number of chronic, degenerative diseases and the high hospitalization costs they involve cannot be dealt with only by curative treatment. In this regard, States parties should bear in mind that maintaining health into old age requires investments during the entire life span, basically through the adoption of healthy lifestyles (food, exercise, elimination of tobacco and alcohol, etc.). Prevention, through regular checks suited to the needs of the elderly, plays a decisive role, as does rehabilitation, by maintaining the functional capacities of elderly persons, with a resulting decrease in the cost of investments in health care and social services.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Article 12:  Right to physical and mental health"]},{"id":"e-1996-22-0036","docId":"e-1996-22","idx":36,"n":36,"text":"Article 13, paragraph 1, of the Covenant recognizes the right of everyone to education. In the case of the elderly, this right must be approached from two different and complementary points of view: (a) the right of elderly persons to benefit from educational programmes; and (b) making the know how and experience of elderly persons available to younger generations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"],"citedArticles":[{"treaty":"ICESCR","article":"13","source":"regex"}]},{"id":"e-1996-22-0037","docId":"e-1996-22","idx":37,"n":37,"text":"With regard to the former, States parties should take account of: (a) the recommendations in principle 16 of the United Nations Principles for Older Persons to the effect that older persons should have access to suitable education programmes and training and should, therefore, on the basis of their preparation, abilities and motivation, be given access to the various levels of education through the adoption of appropriate measures regarding literacy training, life long education, access to university, etc.; and (b) recommendation 47 of the Vienna International Plan of Action on Ageing, which, in accordance with the concept of life long education promulgated by the United Nations Educational, Scientific and Cultural Organization (UNESCO), recommends informal, community based and recreation oriented programmes for the elderly in order to develop their sense of self reliance and the community’s sense of responsibility. Such programmes should enjoy the support of national Governments and international organizations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"]},{"id":"e-1996-22-0038","docId":"e-1996-22","idx":38,"n":38,"text":"With regard to the use of the know how and experience of older persons, as referred to in the part of the recommendations of the Vienna International Plan of Action on Ageing dealing with education (paras. 74 76), attention is drawn to the important role that elderly and old persons still play in most societies as the transmitters of information, knowledge, traditions and spiritual values and to the fact that this important tradition should not be lost. Consequently, the Committee attaches particular importance to the message contained in recommendation 44 of the Plan: “Educational programmes featuring the elderly as the teachers and transmitters of knowledge, culture and spiritual values should be developed”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"]},{"id":"e-1996-22-0039","docId":"e-1996-22","idx":39,"n":39,"text":"In article 15, paragraphs 1 (a) and (b), of the Covenant, States parties recognize the right of everyone to take part in cultural life and to enjoy the benefits of scientific progress and its applications. In this respect, the Committee urges States parties to take account of the recommendations contained in the United Nations Principles for Older Persons, and in particular of principle 7: “Older persons should remain integrated in society, participate actively in the formulation and implementation of policies that directly affect their well being and share their knowledge and skills with younger generations”; and principle 16: “Older persons should have access to the educational, cultural, spiritual and recreational resources of society”.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"],"citedArticles":[{"treaty":"ICESCR","article":"15","source":"regex"}]},{"id":"e-1996-22-0040","docId":"e-1996-22","idx":40,"n":40,"text":"Similarly, recommendation 48 of the Vienna International Plan of Action on Ageing encourages Governments and international organizations to support programmes aimed at providing the elderly with easier physical access to cultural institutions (museums, theatres, concert halls, cinemas, etc.).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"]},{"id":"e-1996-22-0041","docId":"e-1996-22","idx":41,"n":41,"text":"Recommendation 50 stresses the need for Governments, non governmental organizations and the ageing themselves to make efforts to overcome negative stereotyped images of older persons as suffering from physical and psychological disabilities, incapable of functioning independently and having neither role nor status in society. These efforts, in which the media and educational institutions should also take part, are essential for achieving a society that champions the full integration of the elderly.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"]},{"id":"e-1996-22-0042","docId":"e-1996-22","idx":42,"n":42,"text":"With regard to the right to enjoy the benefits of scientific progress and its applications, States parties should take account of recommendations 60, 61 and 62 of the Vienna International Plan of Action and make efforts to promote research on the biological, mental and social aspects of ageing and ways of maintaining functional capacities and preventing and delaying the start of chronic illnesses and disabilities. In this connection, it is recommended that States, intergovernmental organizations and non governmental organizations should establish institutions specializing in the teaching of gerontology, geriatrics and geriatric psychology in countries where such institutions do not exist.","labels":["Persons with disabilities"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1995,"section":["Articles 13 to 15:  Right to education and culture"]},{"id":"e-1998-22-0001","docId":"e-1998-22","idx":1,"n":1,"text":"In its General Comment No. 4 (1991), the Committee observed that all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. It concluded that forced evictions are prima facie incompatible with the requirements of the Covenant. Having considered a significant number of reports of forced evictions in recent years, including instances in which it has determined that the obligations of States parties were being violated, the Committee is now in a position to seek to provide further clarification as to the implications of such practices in terms of the obligations contained in the Covenant.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0002","docId":"e-1998-22","idx":2,"n":2,"text":"The international community has long recognized that the issue of forced evictions is a serious one. In 1976, the United Nations Conference on Human Settlements noted that special attention should be paid to \"undertaking major clearance operations should take place only when conservation and rehabilitation are not feasible and relocation measures are made\".[[fn:1]] Agenda 21 stated that \"people should be protected by law against unfair eviction from their homes or land\".[[fn:3]] The Commission on Human Rights has also indicated that \"forced evictions are a gross violation of human rights\".[[fn:5]]","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"footnotes":[{"n":1,"text":"In 1988, in the Global Strategy for Shelter to the Year 2000, adopted by the General Assembly in its resolution 43/181, the \"fundamental obligation [of Governments] to protect and improve houses and neighbourhoods, rather than damage or destroy them\" was recognized."},{"n":3,"text":"In the Habitat Agenda Governments committed themselves to \"protecting all people from, and providing legal protection and redress for, forced evictions that are contrary to the law, taking human rights into consideration; [and] when evictions are unavoidable, ensuring, as appropriate, that alternative suitable solutions are provided\"."},{"n":5,"text":"However, although these statements are important, they leave open one of the most critical issues, namely that of determining the circumstances under which forced evictions are permissible and of spelling out the types of protection required to ensure respect for the relevant provisions of the Covenant."}]},{"id":"e-1998-22-0003","docId":"e-1998-22","idx":3,"n":3,"text":"The use of the term \"forced evictions\" is, in some respects, problematic. This expression seeks to convey a sense of arbitrariness and of illegality. To many observers, however, the reference to \"forced evictions\" is a tautology, while others have criticized the expression \"illegal evictions\" on the ground that it assumes that the relevant law provides adequate protection of the right to housing and conforms with the Covenant, which is by no means always the case. Similarly, it has been suggested that the term \"unfair evictions\" is even more subjective by virtue of its failure to refer to any legal framework at all. The international community, especially in the context of the Commission on Human Rights, has opted to refer to \"forced evictions\", primarily since all suggested alternatives also suffer from many such defects. The term \"forced evictions\" as used throughout this general comment is defined as the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection. The prohibition on forced evictions does not, however, apply to evictions carried out by force in accordance with the law and in conformity with the provisions of the International Covenants on Human Rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0004","docId":"e-1998-22","idx":4,"n":4,"text":"The practice of forced evictions is widespread and affects persons in both developed and developing countries. Owing to the interrelationship and interdependency which exist among all human rights, forced evictions frequently violate other human rights. Thus, while manifestly breaching the rights enshrined in the Covenant, the practice of forced evictions may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non-interference with privacy, family and home and the right to the peaceful enjoyment of possessions.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0005","docId":"e-1998-22","idx":5,"n":5,"text":"Although the practice of forced evictions might appear to occur primarily in heavily populated urban areas, it also takes place in connection with forced population transfers, internal displacement, forced relocations in the context of armed conflict, mass exoduses and refugee movements. In all of these contexts, the right to adequate housing and not to be subjected to forced eviction may be violated through a wide range of acts or omissions attributable to States parties. Even in situations where it may be necessary to impose limitations on such a right, full compliance with article 4 of the Covenant is required so that any limitations imposed must be \"determined by law only insofar as this may be compatible with the nature of these [i.e. economic, social and cultural] rights and solely for the purpose of promoting the general welfare in a democratic society\".","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICESCR","article":"4","source":"regex"}]},{"id":"e-1998-22-0006","docId":"e-1998-22","idx":6,"n":6,"text":"Many instances of forced eviction are associated with violence, such as evictions resulting from international armed conflicts, internal strife and communal or ethnic violence.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0007","docId":"e-1998-22","idx":7,"n":7,"text":"Other instances of forced eviction occur in the name of development. Evictions may be carried out in connection with conflict over land rights, development and infrastructure projects, such as the construction of dams or other large-scale energy projects, with land acquisition measures associated with urban renewal, housing renovation, city beautification programmes, the clearing of land for agricultural purposes, unbridled speculation in land, or the holding of major sporting events like the Olympic Games.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0008","docId":"e-1998-22","idx":8,"n":8,"text":"In essence, the obligations of States parties to the Covenant in relation to forced evictions are based on article 11.1, read in conjunction with other relevant provisions. In particular, article 2.1 obliges States to use \"all appropriate means\" to promote the right to adequate housing. However, in view of the nature of the practice of forced evictions, the reference in article 2.1 to progressive achievement based on the availability of resources will rarely be relevant. The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions (as defined in paragraph 3 above). Moreover, this approach is reinforced by article 17.1 of the International Covenant on Civil and Political Rights which complements the right not to be forcefully evicted without adequate protection. That provision recognizes, inter alia, the right to be protected against \"arbitrary or unlawful interference\" with one's home. It is to be noted that the State's obligation to ensure respect for that right is not qualified by considerations relating to its available resources.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICCPR","article":"11","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"e-1998-22-0009","docId":"e-1998-22","idx":9,"n":9,"text":"Article 2.1 of the Covenant requires States parties to use \"all appropriate means\", including the adoption of legislative measures, to promote all the rights protected under the Covenant. Although the Committee has indicated in its General Comment No. 3 (1990) that such measures may not be indispensable in relation to all rights, it is clear that legislation against forced evictions is an essential basis upon which to build a system of effective protection. Such legislation should include measures which (a) provide the greatest possible security of tenure to occupiers of houses and land, (b) conform to the Covenant and (c) are designed to control strictly the circumstances under which evictions may be carried out. The legislation must also apply to all agents acting under the authority of the State or who are accountable to it. Moreover, in view of the increasing trend in some States towards the Government greatly reducing its responsibilities in the housing sector, States parties must ensure that legislative and other measures are adequate to prevent and, if appropriate, punish forced evictions carried out, without appropriate safeguards, by private persons or bodies. States parties should therefore review relevant legislation and policies to ensure that they are compatible with the obligations arising from the right to adequate housing and repeal or amend any legislation or policies that are inconsistent with the requirements of the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-1998-22-0010","docId":"e-1998-22","idx":10,"n":10,"text":"Women, children, youth, older persons, indigenous people, ethnic and other minorities, and other vulnerable individuals and groups all suffer disproportionately from the practice of forced eviction. Women in all groups are especially vulnerable given the extent of statutory and other forms of discrimination which often apply in relation to property rights (including home ownership) or rights of access to property or accommodation, and their particular vulnerability to acts of violence and sexual abuse when they are rendered homeless. The non-discrimination provisions of articles 2.2 and 3 of the Covenant impose an additional obligation upon Governments to ensure that, where evictions do occur, appropriate measures are taken to ensure that no form of discrimination is involved.","labels":["Indigenous peoples","Women/girls"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"e-1998-22-0011","docId":"e-1998-22","idx":11,"n":11,"text":"Whereas some evictions may be justifiable, such as in the case of persistent non-payment of rent or of damage to rented property without any reasonable cause, it is incumbent upon the relevant authorities to ensure that they are carried out in a manner warranted by a law which is compatible with the Covenant and that all the legal recourses and remedies are available to those affected.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0012","docId":"e-1998-22","idx":12,"n":12,"text":"Forced eviction and house demolition as a punitive measure are also inconsistent with the norms of the Covenant. Likewise, the Committee takes note of the obligations enshrined in the Geneva Conventions of 1949 and Protocols thereto of 1977 concerning prohibitions on the displacement of the civilian population and the destruction of private property as these relate to the practice of forced eviction.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0013","docId":"e-1998-22","idx":13,"n":13,"text":"States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to use force. Legal remedies or procedures should be provided to those who are affected by eviction orders. States parties shall also see to it that all the individuals concerned have a right to adequate compensation for any property, both personal and real, which is affected. In this respect, it is pertinent to recall article 2.3 of the International Covenant on Civil and Political Rights, which requires States parties to ensure \"an effective remedy\" for persons whose rights have been violated and the obligation upon the \"competent authorities (to) enforce such remedies when granted\".","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"}]},{"id":"e-1998-22-0014","docId":"e-1998-22","idx":14,"n":14,"text":"In cases where eviction is considered to be justified, it should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with general principles of reasonableness and proportionality. In this regard it is especially pertinent to recall General Comment 16 of the Human Rights Committee, relating to article 17 of the International Covenant on Civil and Political Rights, which states that interference with a person's home can only take place \"in cases envisaged by the law\". The Committee observed that the law \"should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances\". The Committee also indicated that \"relevant legislation must specify in detail the precise circumstances in which such interferences may be permitted\".","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"treaty":"ICCPR","article":"17","source":"regex"}]},{"id":"e-1998-22-0015","docId":"e-1998-22","idx":15,"n":15,"text":"Appropriate procedural protection and due process are essential aspects of all human rights but are especially pertinent in relation to a matter such as forced evictions which directly invokes a large number of the rights recognized in both the International Covenants on Human Rights. The Committee considers that the procedural protections which should be applied in relation to forced evictions include: (a) an opportunity for genuine consultation with those affected; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) information on the proposed evictions, and, where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; (d) especially where groups of people are involved, government officials or their representatives to be present during an eviction; (e) all persons carrying out the eviction to be properly identified; (f) evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0016","docId":"e-1998-22","idx":16,"n":16,"text":"Evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights. Where those affected are unable to provide for themselves, the State party must take all appropriate measures, to the maximum of its available resources, to ensure that adequate alternative housing, resettlement or access to productive land, as the case may be, is available.","labels":["Persons in street situations"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0017","docId":"e-1998-22","idx":17,"n":17,"text":"The Committee is aware that various development projects financed by international agencies within the territories of State parties have resulted in forced evictions. In this regard, the Committee recalls its General Comment No. 2 (1990) which states, inter alia, that \"international agencies should scrupulously avoid involvement in projects which, for example ... promote or reinforce discrimination against individuals or groups contrary to the provisions of the Covenant, or involve large-scale evictions or displacement of persons without the provision of all appropriate protection and compensation. Every effort should be made, at each phase of a development project, to ensure that the rights contained in the Covenant are duly taken into account\".","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0018","docId":"e-1998-22","idx":18,"n":18,"text":"Some institutions, such as the World Bank and the Organisation for Economic Cooperation and Development (OECD) have adopted guidelines on relocation and/or resettlement with a view to limiting the scale of and human suffering associated with forced evictions. Such practices often accompany large-scale development projects, such as dam-building and other major energy projects. Full respect for such guidelines, insofar as they reflect the obligations contained in the Covenant, is essential on the part of both the agencies themselves and States parties to the Covenant. The Committee recalls in this respect the statement in the Vienna Declaration and Programme of Action to the effect that \"while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognized human rights\" (Part I, para. 10).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0019","docId":"e-1998-22","idx":19,"n":19,"text":"In accordance with the guidelines for reporting adopted by the Committee, State parties are requested to provide various types of information pertaining directly to the practice of forced evictions. This includes information relating to (a) the \"number of persons evicted within the last five years and the number of persons currently lacking legal protection against arbitrary eviction or any other kind of eviction\", (b) \"legislation concerning the rights of tenants to security of tenure, to protection from eviction\" and (c) \"legislation prohibiting any form of eviction\". 7/","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-1998-22-0020","docId":"e-1998-22","idx":20,"n":20,"text":"Information is also sought as to \"measures taken during, inter alia, urban renewal programmes, redevelopment projects, site upgrading, preparation for international events (Olympics and other sporting competitions, exhibitions, conferences, etc.) 'beautiful city' campaigns, etc. which guarantee protection from eviction or guarantee rehousing based on mutual consent, by any persons living on or near to affected sites\".[[fn:8]]","labels":["Internally displaced persons"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"footnotes":[{"n":8,"text":"However, few States parties have included the requisite information in their reports to the Committee. The Committee therefore wishes to emphasize the importance it attaches to the receipt of such information."}]},{"id":"e-1998-22-0021","docId":"e-1998-22","idx":21,"n":21,"text":"Some States parties have indicated that information of this nature is not available. The Committee recalls that effective monitoring of the right to adequate housing, either by the Government concerned or by the Committee, is not possible in the absence of the collection of appropriate data and would request all States parties to ensure that the necessary data is collected and is reflected in the reports submitted by them under the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0001","docId":"e-c-12-1997-8","idx":1,"n":1,"text":"Economic sanctions are being imposed with increasing frequency, both internationally, regionally and unilaterally. The purpose of this general comment is to emphasize that, whatever the circumstances, such sanctions should always take full account of the provisions of the International Covenant on Economic, Social and Cultural Rights. The Committee does not in any way call into question the necessity for the imposition of sanctions in appropriate cases in accordance with Chapter VII of the Charter of the United Nations or other applicable international law. But those provisions of the Charter that relate to human rights (Articles 1, 55 and 56) must still be considered to be fully applicable in such cases.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"article":"1","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly identifies '(Articles 1, 55 and 56)' as 'provisions of the Charter that relate to human rights' — UN Charter, not ICESCR."},{"article":"55","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly identifies article 55 as a UN Charter provision."},{"article":"56","treaty":"?","confidence":"high","source":"opus","rationale":"Text explicitly identifies article 56 as a UN Charter provision."}]},{"id":"e-c-12-1997-8-0002","docId":"e-c-12-1997-8","idx":2,"n":2,"text":"During the 1990s the Security Council has imposed sanctions of varying kind and duration in relation to South Africa, Iraq/Kuwait, parts of the former Yugoslavia, Somalia, the Libyan Arab Jamahiriya, Liberia, Haiti, Angola, Rwanda and the Sudan. The impact of sanctions upon the enjoyment of economic, social and cultural rights has been brought to the Committee's attention in a number of cases involving States parties to the Covenant, some of which have reported regularly, thereby giving the Committee the opportunity to examine the situation carefully. E/C.12/1997/8 page 2","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0003","docId":"e-c-12-1997-8","idx":3,"n":3,"text":"While the impact of sanctions varies from one case to another, the Committee is aware that they almost always have a dramatic impact on the rights recognized in the Covenant. Thus, for example, they often cause significant disruption in the distribution of food, pharmaceuticals and sanitation supplies, jeopardize the quality of food and the availability of clean drinking water, severely interfere with the functioning of basic health and education systems, and undermine the right to work. In addition, their unintended consequences can include reinforcement of the power of oppressive élites, the emergence, almost invariably, of a black market and the generation of huge windfall profits for the privileged élites which manage it, enhancement of the control of the governing élites over the population at large, and restriction of opportunities to seek asylum or to manifest political opposition. While the phenomena mentioned in the preceding sentence are essentially political in nature, they also have a major additional impact on the enjoyment of economic, social and cultural rights.","labels":["Refugees & asylum-seekers"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0004","docId":"e-c-12-1997-8","idx":4,"n":4,"text":"In considering sanctions, it is essential to distinguish between the basic objective of applying political and economic pressure upon the governing élite of the country to persuade them to conform to international law, and the collateral infliction of suffering upon the most vulnerable groups within the targeted country. For that reason, the sanctions regimes established by the Security Council now include humanitarian exemptions designed to permit the flow of essential goods and services destined for humanitarian purposes. It is commonly assumed that these exemptions ensure basic respect for economic, social and cultural rights within the targeted country.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0005","docId":"e-c-12-1997-8","idx":5,"n":5,"text":"However, a number of recent United Nations and other studies which have analysed the impact of sanctions have concluded that these exemptions do not have this effect. Moreover, the exemptions are very[[fn:3]] limited in scope. They do not address, for example, the question of access to primary education, nor do they provide for repairs to infrastructures which are essential to provide clean water, adequate health care, etc. The Secretary-General suggested in 1995 that there was a need to assess the potential impact of sanctions before they are imposed and to enhance arrangements for the provision of humanitarian assistance to vulnerable groups.[[fn:1]] In the following year, a major study, prepared for the General Assembly by Ms. Graça Machel on the impact of armed conflict on children, stated that “humanitarian exemptions tend to be ambiguous and are interpreted arbitrarily and inconsistently.... Delays, confusion and the denial of requests to import essential humanitarian goods cause resource shortages.... [Their effects] inevitably fall most heavily on the poor”.[[fn:2]] Most recently, an October 1997 United Nations report concluded that the review procedures established under the various sanctions committees established by the Security Council “remain cumbersome and aid agencies still encounter difficulties in obtaining approval for exempted supplies. ... [The] committees neglect larger problems of commercial and governmental violations in the form of black-marketing, illicit trade, and corruption.”","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"footnotes":[{"n":1,"text":"Supplement to an Agenda for Peace, (A/50/60-S/1995/1), paragraphs 66 to 76."},{"n":2,"text":"Impact of Armed Conflict on children: Note by the Secretary-General (A/51/306, annex) (1996), paragraph 128."},{"n":3,"text":"L. Minear, et al., Toward More Humane and Effective Sanctions Management: Enhancing the Capacity of the United Nations System, Executive Summary. Study prepared at the request of the United Nations Department of Humanitarian Affairs on behalf of the Inter-agency Standing Committee, 6 October 1997."}]},{"id":"e-c-12-1997-8-0006","docId":"e-c-12-1997-8","idx":6,"n":6,"text":"It is thus clear, on the basis of an impressive array of both country-specific and general studies, that insufficient attention is being paid to the impact of sanctions on vulnerable groups. Nevertheless, for various reasons, these studies have not examined specifically the nefarious consequences that ensue for the enjoyment of economic, social and cultural rights, per se. It is in fact apparent that in most, if not all, cases, those consequences have E/C.12/1997/8 page 3 either not been taken into account at all or not given the serious consideration they deserve. There is thus a need to inject a human rights dimension into deliberations on this issue.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0007","docId":"e-c-12-1997-8","idx":7,"n":7,"text":"The Committee considers that the provisions of the Covenant, virtually all of which are also reflected in a range of other human rights treaties as well as the Universal Declaration of Human Rights, cannot be considered to be inoperative, or in any way inapplicable, solely because a decision has been taken that considerations of international peace and security warrant the imposition of sanctions. Just as the international community insists that any targeted State must respect the civil and political rights of its citizens, so too must that State and the international community itself do everything possible to protect at least the core content of the economic, social and cultural rights of the affected peoples of that State (see also General Comment 3 (1990), paragraph 10).","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0008","docId":"e-c-12-1997-8","idx":8,"n":8,"text":"While this obligation of every State is derived from the commitment in the Charter of the United Nations to promote respect for all human rights, it should also be recalled that every permanent member of the Security Council has signed the Covenant, although two (China and the United States) have yet to ratify it. Most of the non-permanent members at any given time are parties. Each of these States has undertaken, in conformity with article 2, paragraph 1, of the Covenant to “take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means ....” When the affected State is also a State party, it is doubly incumbent upon other States to respect and take account of the relevant obligations. To the extent that sanctions are imposed on States which are not parties to the Covenant, the same principles would in any event apply given the status of the economic, social and cultural rights of vulnerable groups as part of general international law, as evidenced, for example, by the near-universal ratification of the Convention on the Rights of the Child and the status of the Universal Declaration of Human Rights.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"citedArticles":[{"article":"2","treaty":"ICESCR","confidence":"high","source":"sonnet","rationale":"Text reads 'article 2, paragraph 1, of the Covenant to take steps...', referring to ICESCR's progressive realization obligation; CRC is only mentioned incidentally to illustrate near-universal ratification."}]},{"id":"e-c-12-1997-8-0009","docId":"e-c-12-1997-8","idx":9,"n":9,"text":"Although the Committee has no role to play in relation to decisions to impose or not to impose sanctions, it does, however, have a responsibility to monitor compliance by all States parties with the Covenant. When measures are taken which inhibit the ability of a State party to meet its obligations under the Covenant, the terms of sanctions and the manner in which they are implemented become appropriate matters for concern for the Committee.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0010","docId":"e-c-12-1997-8","idx":10,"n":10,"text":"The Committee believes that two sets of obligations flow from these considerations. The first set relates to the affected State. The imposition of sanctions does not in any way nullify or diminish the relevant obligations of that State party. As in other comparable situations, those obligations assume greater practical importance in times of particular hardship. The Committee is thus called upon to scrutinize very carefully the extent to which the State concerned has taken steps “to the maximum of its available resources” to provide the greatest possible protection for the economic, social and cultural rights of each individual living within its jurisdiction. While sanctions will inevitably diminish the capacity of the affected State to fund or support some of the necessary measures, the State remains under an E/C.12/1997/8 page 4 obligation to ensure the absence of discrimination in relation to the enjoyment of these rights, and to take all possible measures, including negotiations with other States and the international community, to reduce to a minimum the negative impact upon the rights of vulnerable groups within the society.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0011","docId":"e-c-12-1997-8","idx":11,"n":11,"text":"The second set of obligations relates to the party or parties responsible for the imposition, maintenance or implementation of the sanctions, whether it be the international community, an international or regional organization, or a State or group of States. In this respect, the Committee considers that there are three conclusions which follow logically from the recognition of economic, social and cultural human rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0012","docId":"e-c-12-1997-8","idx":12,"n":12,"text":"First, these rights must be taken fully into account when designing an appropriate sanctions regime. Without endorsing any particular measures in this regard, the Committee notes proposals such as those calling for the creation of a United Nations mechanism for anticipating and tracking sanctions impacts, the elaboration of a more transparent set of agreed principles and procedures based on respect for human rights, the identification of a wider range of exempt goods and services, the authorization of agreed technical agencies to determine necessary exemptions, the creation of a better resourced set of sanctions committees, more precise targeting of the vulnerabilities of those whose behaviour the international community wishes to change, and the introduction of greater overall flexibility.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0013","docId":"e-c-12-1997-8","idx":13,"n":13,"text":"Second, effective monitoring, which is always required under the terms of the Covenant, should be undertaken throughout the period that sanctions are in force. When an external party takes upon itself even partial responsibility for the situation within a country (whether under Chapter VII of the Charter or otherwise), it also unavoidably assumes a responsibility to do all within its power to protect the economic, social and cultural rights of the affected population.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0014","docId":"e-c-12-1997-8","idx":14,"n":14,"text":"Third, the external entity has an obligation “to take steps, individually and through international assistance and cooperation, especially economic and technical” in order to respond to any disproportionate suffering experienced by vulnerable groups within the targeted country.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1997-8-0015","docId":"e-c-12-1997-8","idx":15,"n":15,"text":"In anticipating the objection that sanctions must, almost by definition, result in the grave violations of economic, social and cultural rights if they are to achieve their objectives, the Committee notes the conclusion of a major United Nations study to the effect that “decisions to reduce the suffering of children or minimize other adverse consequences can be taken without jeopardizing[[fn:4]] the policy aim of sanctions”. This applies equally to the situation of all vulnerable groups.","labels":["Children"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997,"footnotes":[{"n":4,"text":"Ibid.","isIbid":true,"resolvedText":"L. Minear, et al., Toward More Humane and Effective Sanctions Management: Enhancing the Capacity of the United Nations System, Executive Summary. Study prepared at the request of the United Nations Department of Humanitarian Affairs on behalf of the Inter-agency Standing Committee, 6 October 1997."}]},{"id":"e-c-12-1997-8-0016","docId":"e-c-12-1997-8","idx":16,"n":16,"text":"In adopting this general comment the sole aim of the Committee is to draw attention to the fact that the inhabitants of a given country do not forfeit their basic economic, social and cultural rights by virtue of any determination that their leaders have violated norms relating to international peace and security. The aim is not to give support or encouragement to such leaders, nor is it to undermine the legitimate interests of the international community in enforcing respect for the provisions of the Charter of the E/C.12/1997/8 page 5 United Nations and the general principles of international law. Rather, it is to insist that lawlessness of one kind should not be met by lawlessness of another kind which pays no heed to the fundamental rights that underlie and give legitimacy to any such collective action. Adopted on 4 December 1997","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1997},{"id":"e-c-12-1998-24-0001","docId":"e-c-12-1998-24","idx":1,"n":1,"text":"In its General Comment No. 3 (1990) the Committee addressed issues relating to the nature and scope of States parties' obligations. The present general comment seeks to elaborate further certain elements of the earlier statement. The central obligation in relation to the Covenant is for States parties to give effect to the rights recognized therein. By requiring Governments to do so “by all appropriate means”, the Covenant adopts a broad and flexible approach which enables the particularities of the legal and administrative systems of each State, as well as other relevant considerations, to be taken into account. * Adopted at the 51st meeting on 1 December 1998 (nineteenth session). E/C.12/1998/24 page 2","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["A. The duty to give effect to the Covenant in the domestic"]},{"id":"e-c-12-1998-24-0002","docId":"e-c-12-1998-24","idx":2,"n":2,"text":"But this flexibility coexists with the obligation upon each State party to use all the means at its disposal to give effect to the rights recognized in the Covenant. In this respect, the fundamental requirements of international human rights law must be borne in mind. Thus the Covenant norms must be recognized in appropriate ways within the domestic legal order, appropriate means of redress, or remedies, must be available to any aggrieved individual or group, and appropriate means of ensuring governmental accountability must be put in place.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["A. The duty to give effect to the Covenant in the domestic"]},{"id":"e-c-12-1998-24-0003","docId":"e-c-12-1998-24","idx":3,"n":3,"text":"Questions relating to the domestic application of the Covenant must be considered in the light of two principles of international law. The first, as reflected in article 27 of the Vienna Convention on the Law of Treaties of 1969, is that “[A] party may not invoke the provisions of its internal law as justification for its failure to perform a treaty”. In other words, States should modify the domestic legal order as necessary in order to give effect to their treaty obligations.[[fn:1]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"footnotes":[{"n":1,"text":"This issue is considered further by the Committee in its General Comment No. 12 (1998). The second principle is reflected in article 8 of the Universal Declaration of Human Rights, according to which “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.” The Covenant contains no direct counterpart to article 2.3 (b) of the International Covenant on Civil and Political Rights which obligates States parties to, inter alia, “develop the possibilities of judicial remedy”. Nevertheless, a State party seeking to justify its failure to provide any domestic legal remedies for violations of economic, social and cultural rights would need to show either that such remedies are not “appropriate means” within the terms of article 2.1 of the Covenant or that, in view of the other means used, they are unnecessary. It will be difficult to show this and the Committee considers that, in many cases, the other “means” used could be rendered ineffective if they are not reinforced or complemented by judicial remedies."}],"section":["A. The duty to give effect to the Covenant in the domestic"],"citedArticles":[{"treaty":"ICESCR","article":"27","source":"regex"}]},{"id":"e-c-12-1998-24-0004","docId":"e-c-12-1998-24","idx":4,"n":4,"text":"In general, legally binding international human rights standards should operate directly and immediately within the domestic legal system of each State party, thereby enabling individuals to seek enforcement of their rights before national courts and tribunals. The rule requiring the exhaustion of domestic remedies reinforces the primacy of national remedies in this respect. The existence and further development of international procedures for the pursuit of individual claims is important, but such procedures are ultimately only supplementary to effective national remedies.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["B. The status of the Covenant in the domestic legal order"]},{"id":"e-c-12-1998-24-0005","docId":"e-c-12-1998-24","idx":5,"n":5,"text":"The Covenant does not stipulate the specific means by which it is to be implemented in the national legal order. And there is no provision obligating its comprehensive incorporation or requiring it to be accorded any specific type of status in national law. Although the precise method by which Covenant rights are given effect in national law is a matter for each State party to decide, the means used should be appropriate in the sense of producing results which are consistent with the full discharge of its obligations by the State party. The means chosen are also subject to review as part of the Committee’s examination of the State party’s compliance with its obligations under the Covenant. E/C.12/1998/24 page 3","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["B. The status of the Covenant in the domestic legal order"]},{"id":"e-c-12-1998-24-0006","docId":"e-c-12-1998-24","idx":6,"n":6,"text":"An analysis of State practice with respect to the Covenant shows that States have used a variety of approaches. Some States have failed to do anything specific at all. Of those that have taken measures, some States have transformed the Covenant into domestic law by supplementing or amending existing legislation, without invoking the specific terms of the Covenant. Others have adopted or incorporated it into domestic law, so that its terms are retained intact and given formal validity in the national legal order. This has often been done by means of constitutional provisions according priority to the provisions of international human rights treaties over any inconsistent domestic laws. The approach of States to the Covenant depends significantly upon the approach adopted to treaties in general in the domestic legal order.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["B. The status of the Covenant in the domestic legal order"]},{"id":"e-c-12-1998-24-0007","docId":"e-c-12-1998-24","idx":7,"n":7,"text":"But whatever the preferred methodology, several principles follow from the duty to give effect to the Covenant and must therefore be respected. First, the means of implementation chosen must be adequate to ensure fulfilment of the obligations under the Covenant. The need to ensure justiciability (see para. 10 below) is relevant when determining the best way to give domestic legal effect to the Covenant rights. Second, account should be taken of the means which have proved to be most effective in the country concerned in ensuring the protection of other human rights. Where the means used to give effect to the Covenant on Economic, Social and Cultural Rights differ significantly from those used in relation to other human rights treaties, there should be a compelling justification for this, taking account of the fact that the formulations used in the Covenant are, to a considerable extent, comparable to those used in treaties dealing with civil and political rights.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["B. The status of the Covenant in the domestic legal order"]},{"id":"e-c-12-1998-24-0008","docId":"e-c-12-1998-24","idx":8,"n":8,"text":"Third, while the Covenant does not formally oblige States to incorporate its provisions in domestic law, such an approach is desirable. Direct incorporation avoids problems that might arise in the translation of treaty obligations into national law, and provides a basis for the direct invocation of the Covenant rights by individuals in national courts. For these reasons, the Committee strongly encourages formal adoption or incorporation of the Covenant in national law. Legal or judicial remedies?","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["B. The status of the Covenant in the domestic legal order"]},{"id":"e-c-12-1998-24-0009","docId":"e-c-12-1998-24","idx":9,"n":9,"text":"The right to an effective remedy need not be interpreted as always requiring a judicial remedy. Administrative remedies will, in many cases, be adequate and those living within the jurisdiction of a State party have a legitimate expectation, based on the principle of good faith, that all administrative authorities will take account of the requirements of the Covenant in their decision-making. Any such administrative remedies should be accessible, affordable, timely and effective. An ultimate right of judicial appeal from administrative procedures of this type would also often be appropriate. By the same token, there are some obligations, such as (but by no means limited to) those concerning non-discrimination, in relation to which the provision of some form of judicial remedy would seem indispensable E/C.12/1998/24 page 4 in order to satisfy the requirements of the Covenant. In other words, whenever a Covenant right cannot be made fully effective without some role for the judiciary, judicial remedies are necessary. Justiciability","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["C. The role of legal remedies"]},{"id":"e-c-12-1998-24-0010","docId":"e-c-12-1998-24","idx":10,"n":10,"text":"In relation to civil and political rights, it is generally taken for granted that judicial remedies for violations are essential. Regrettably, the contrary assumption is too often made in relation to economic, social and cultural rights. This discrepancy is not warranted either by the nature of the rights or by the relevant Covenant provisions. The Committee has already made clear that it considers many of the provisions in the Covenant to be capable of immediate implementation. Thus, in General Comment No. 3 it cited, by way of example, articles 3, 7 (a) (i), 8, 10.3, 13.2 (a), 13.3, 13.4 and 15.3. It is important in this regard to distinguish between justiciability (which refers to those matters which are appropriately resolved by the courts) and norms which are self-executing (capable of being applied by courts without further elaboration). While the general approach of each legal system needs to be taken into account, there is no Covenant right which could not, in the great majority of systems, be considered to possess at least some significant justiciable dimensions. It is sometimes suggested that matters involving the allocation of resources should be left to the political authorities rather than the courts. While the respective competences of the various branches of government must be respected, it is appropriate to acknowledge that courts are generally already involved in a considerable range of matters which have important resource implications. The adoption of a rigid classification of economic, social and cultural rights which puts them, by definition, beyond the reach of the courts would thus be arbitrary and incompatible with the principle that the two sets of human rights are indivisible and interdependent. It would also drastically curtail the capacity of the courts to protect the rights of the most vulnerable and disadvantaged groups in society. Self-executing","labels":["Persons living in poverty"],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["C. The role of legal remedies"],"citedArticles":[{"treaty":"ICESCR","article":"3","source":"regex"},{"treaty":"ICESCR","article":"7","source":"regex"}]},{"id":"e-c-12-1998-24-0011","docId":"e-c-12-1998-24","idx":11,"n":11,"text":"The Covenant does not negate the possibility that the rights it contains may be considered self-executing in systems where that option is provided for. Indeed, when it was being drafted, attempts to include a specific provision in the Covenant to the effect that it be considered “non-self-executing” were strongly rejected. In most States, the determination of whether or not a treaty provision is self-executing will be a matter for the courts, not the executive or the legislature. In order to perform that function effectively, the relevant courts and tribunals must be made aware of the nature and implications of the Covenant and of the important role of judicial remedies in its implementation. Thus, for example, when Governments are involved in court proceedings, they should promote interpretations of domestic laws which give effect to their Covenant obligations. Similarly, judicial training should take full account of the justiciability of the Covenant. It is especially important to avoid any a priori assumption that the norms should be considered to be non-self-executing. In fact, many of them are stated in terms which are at least as clear and specific as those in other human rights treaties, the provisions of which are regularly deemed by courts to be self-executing. E/C.12/1998/24 page 5","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["C. The role of legal remedies"]},{"id":"e-c-12-1998-24-0012","docId":"e-c-12-1998-24","idx":12,"n":12,"text":"In the Committee’s guidelines for States’ reports, States are requested to provide information as to whether the provisions of the Covenant “can be invoked before, and directly enforced by, the Courts, other tribunals or administrative authorities”.[[fn:3]]","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"footnotes":[{"n":3,"text":"Some States have provided such information, but greater importance should be attached to this element in future reports. In particular, the Committee requests that States parties provide details of any significant jurisprudence from their domestic courts that makes use of the provisions of the Covenant."}],"section":["D. The treatment of the Covenant in domestic courts"]},{"id":"e-c-12-1998-24-0013","docId":"e-c-12-1998-24","idx":13,"n":13,"text":"On the basis of available information, it is clear that State practice is mixed. The Committee notes that some courts have applied the provisions of the Covenant either directly or as interpretive standards. Other courts are willing to acknowledge, in principle, the relevance of the Covenant for interpreting domestic law, but in practice, the impact of the Covenant on the reasoning or outcome of cases is very limited. Still other courts have refused to give any degree of legal effect to the Covenant in cases in which individuals have sought to rely on it. There remains extensive scope for the courts in most countries to place greater reliance upon the Covenant.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["D. The treatment of the Covenant in domestic courts"]},{"id":"e-c-12-1998-24-0014","docId":"e-c-12-1998-24","idx":14,"n":14,"text":"Within the limits of the appropriate exercise of their functions of judicial review, courts should take account of Covenant rights where this is necessary to ensure that the State's conduct is consistent with its obligations under the Covenant. Neglect by the courts of this responsibility is incompatible with the principle of the rule of law, which must always be taken to include respect for international human rights obligations.","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["D. The treatment of the Covenant in domestic courts"]},{"id":"e-c-12-1998-24-0015","docId":"e-c-12-1998-24","idx":15,"n":15,"text":"It is generally accepted that domestic law should be interpreted as far as possible in a way which conforms to a State's international legal obligations. Thus, when a domestic decision maker is faced with a choice between an interpretation of domestic law that would place the state in breach of the Covenant and one that would enable the State to comply with the Covenant, international law requires the choice of the latter. Guarantees of equality and non-discrimination should be interpreted, to the greatest extent possible, in ways which facilitate the full protection of economic, social and cultural rights. Notes 1.A/CONF.39/27. 2.Pursuant to article 2.2 States “undertake to guarantee” that the rights in the Covenant are exercised “without discrimination of any kind”. 3.Reporting guidelines, E/C.12/1990/8, Annex IV. -----","labels":[],"type":"gc","committee":"CESCR","committees":["CESCR"],"year":1998,"section":["D. The treatment of the Covenant in domestic courts"],"citedArticles":[{"treaty":"ICESCR","article":"2","source":"regex"}]},{"id":"a-32-18-0001","docId":"a-32-18","idx":1,"n":1,"text":"Requests every State party which has not already done so to include - in the next report it will submit in accordance with article 9 of the Convention, or in a special report before its next periodic report becomes due - adequate information on the measures which it has adopted and which give effect to the provisions of article 7 of the Convention;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1977,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"a-32-18-0002","docId":"a-32-18","idx":2,"n":2,"text":"Invites the attention of States parties to the fact that, in accordance with article 7 of the Convention, the information to which the preceding paragraph refers should include information on the “immediate and effective measures” which they have adopted, “in the fields of teaching, education, culture and information”, with a view to:\n(a)“Combating prejudices which lead to racial discrimination”;\n(b) “Promoting understanding, tolerance and friendship among nations and racial or ethnical groups”;\n(c) “Propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination” as well as the International Convention on the Elimination of All Forms of Racial Discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1977,"citedArticles":[{"article":"7","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text: 'article 7 of the Convention' in a CERD committee document with home_treaty=CERD. Surrounding text explicitly names 'International Convention on the Elimination of All Forms of Racial Discrimination' and context confirms this is CERD art.7 (teaching, education, culture and information to combat prejudice)."}]},{"docId":"a-37-18","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1982,"id":"a-37-18-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Racial Discrimination,, Recognizing the fact that an impressive number of States has ratified, or acceded to, the International Convention on the Elimination of All Forms of Racial Discrimination,, Bearing in mind, however, that ratification alone does not enable the control system set up by the Convention to function effectively,, Recalling that article 9 of the Convention obliges States parties to submit initial and periodic reports on the measures that give effect to the provisions of the Convention,, Stating that at present no less than 89 reports are overdue from 62 States, that 42 of those reports are overdue from 15 States, each with two or more outstanding reports, and that four initial reports which were due between 1973 and 1978 have not been received,, Noting with regret that neither reminders sent through the Secretary-General to States parties nor the inclusion of the relevant information in the annual reports to the General Assembly has had the desired effect, in all cases,, Invites the General Assembly:","isPreamble":true,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"docId":"a-37-18","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1982,"id":"a-37-18-0002","n":1,"idx":2,"text":"(a) To take note of the situation;"},{"docId":"a-37-18","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1982,"id":"a-37-18-0003","n":2,"idx":3,"text":"(b) To use its authority in order to ensure that the Committee could more effectively fulfil its obligations under the Convention."},{"id":"a-40-18-0001","docId":"a-40-18","idx":1,"n":1,"text":"Recommends that those States parties whose legislation does not satisfy the provisions of article 4 (a) and (b) of the Convention take the necessary steps with a view to satisfying the mandatory requirements of that article;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1985,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"a-40-18-0002","docId":"a-40-18","idx":2,"n":2,"text":"Requests that those States parties which have not yet done so inform the Committee more fully in their periodic reports of the manner and extent to which the provisions of article 4 (a) and (b) are effectively implemented and quote the relevant parts of the texts in their reports;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1985,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"id":"a-40-18-0003","docId":"a-40-18","idx":3,"n":3,"text":"Further requests those States parties which have not yet done so to endeavour to provide in their periodic reports more information concerning decisions taken by the competent national tribunals and other State institutions regarding acts of racial discrimination and in particular those offences dealt with in article 4 (a) and (b).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1985,"citedArticles":[{"treaty":"CERD","article":"4","source":"regex"}]},{"docId":"a-45-18","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1990,"preambleSource":"hri-vol-II","id":"a-45-18-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Racial Discrimination,, Having considered reports from States parties concerning information about the ways in, which individuals are identified as being members of a particular racial or ethnic group or, groups,, Is of the opinion that such identification shall, if no justification exists to the contrary, be, based upon self-identification by the individual concerned.","isPreamble":true},{"docId":"a-45-81","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1990,"id":"a-45-81-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Racial Discrimination,, Considering that respect for the independence of the experts is essential to secure full observance of human rights and fundamental freedoms,, Recalling article 8, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination,, Alarmed by the tendency of the representatives of States, organizations and groups to put pressure upon experts, especially those serving as country rapporteurs,, Strongly recommends that they respect unreservedly the status of its members as independent experts of acknowledged impartiality serving in their personal capacity.","isPreamble":true,"citedArticles":[{"treaty":"CERD","article":"8","source":"regex"}]},{"id":"a-46-18-0001","docId":"a-46-18","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nTaking note of the recommendation of the third meeting of persons chairing the human\nrights treaty bodies, as endorsed by the General Assembly at its forty-fifth session, to the effect\nthat a series of seminars or workshops should be organized at the national level for the purpose\nof training those involved in the preparation of State party reports,\nConcerned over the continued failure of certain States parties to the International\nobligations under the Convention,\nBelieving that training courses and workshops organized on the national level might prove\nof immeasurable assistance to officials responsible for the preparation of such State party\nreports,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1991,"isPreamble":true,"preambleSource":"hri-vol-II"},{"id":"a-46-18-0002","docId":"a-46-18","idx":2,"n":1,"text":"Requests the Secretary-General to organize, in consultation with the States parties concerned, appropriate national training courses and workshops for their reporting officials as soon as practicable;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1991},{"id":"a-46-18-0003","docId":"a-46-18","idx":3,"n":2,"text":"Recommends that the services of the staff of the Centre for Human Rights as well as of the experts of the Committee on the Elimination of Racial Discrimination should be utilized, as appropriate, in the conduct of such training courses and workshops.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1991},{"id":"a-90-18-0001","docId":"a-90-18","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nHaving considered reports submitted by States parties under article 9 of the International\nsessions,\nBearing in mind the need for the reports sent by States parties to the Committee to be as\ninformative as possible,\nInvites States parties to endeavour to include in their reports under article 9 relevant\ninformation on the demographic composition of the population referred to in the provisions of\narticle 1 of the Convention.","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1973,"isPreamble":true,"preambleSource":"hri-vol-II","citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"a-90-18-0002","docId":"a-90-18","idx":2,"n":1,"text":"The Committee on the Elimination of Racial Discrimination,\nHaving considered reports submitted by States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination at its seventh and eighth sessions,\nBearing in mind the need for the reports sent by States parties to the Committee to be as informative as possible,\nInvites States parties to endeavour to include in their reports under article 9 relevant information on the demographic composition of the population referred to in the provisions of article 1 of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1973,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"docId":"annotated-ccpr-gc1-reporting-obligation","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"id":"annotated-ccpr-gc1-reporting-obligation-0001","n":1,"idx":1,"text":"States parties have undertaken to submit reports in accordance with article 40 of the Covenant within one year of its entry into force for the States parties concerned and, thereafter, whenever the Committee so requests. Until the present time only the first part of this provision, calling for initial reports, has become regularly operative. The Committee notes, as appears from its annual reports, that only a small number of States have submitted their reports on time. Most of them have been submitted with delays ranging from a few months to several years and some States parties are still in default despite repeated reminders and other actions by the Committee. The fact that most States parties have nevertheless, even if somewhat late, engaged in a constructive dialogue with the Committee suggests that the States parties normally ought to be able to fulfil the reporting obligation within the time limit prescribed by article 40 (1) and that it would be in their own interest to do so in the future. In the process of ratifying the Covenant, States should pay immediate attention to their reporting obligation since the proper preparation of a report which covers so many civil and political rights necessarily does require time.","citedArticles":[{"treaty":"ICCPR","article":"40","source":"regex"},{"treaty":"ICCPR","article":"40","paragraph":"1","source":"regex"}]},{"docId":"annotated-cedaw-gr11-technical-advisory-services","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr11-technical-advisory-services-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Bearing in mind that, as at 3 March 1989, 96 States had ratified the Convention on the Elimination of All Forms of Discrimination against Women, Taking into account the fact that by that date 60 initial and 19 second periodic reports had been received, Noting that 36 initial and 36 second periodic reports were due by 3 March 1989 and had not yet been received, Welcoming the request in General Assembly resolution 43/115, paragraph 9, that the Secretary-General should arrange, within existing resources and taking into account the priorities of the programme of advisory services, further training courses for those countries experiencing the most serious difficulties in meeting their reporting obligations under international instruments on human rights","isPreamble":true},{"docId":"annotated-cedaw-gr11-technical-advisory-services","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr11-technical-advisory-services-0002","n":1,"idx":2,"text":"Recommends to States parties that they should encourage, support and cooperate in projects for technical advisory services, including training seminars, to assist States parties on their request in fulfilling their reporting obligations under article 18 of the Convention.","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr12-vaw","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr12-vaw-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Considering that articles 2, 5, 11, 12 and 16 of the Convention require the States parties to act to protect women against violence of any kind occurring within the family, at the workplace or in any other area of social life, Taking into account Economic and Social Council resolution 1988/27, Recommends to the States parties that they should include in their periodic reports to the Committee information about:","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"5","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"},{"treaty":"CEDAW","article":"16","source":"regex"}]},{"docId":"annotated-cedaw-gr12-vaw","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr12-vaw-0002","n":1,"idx":2,"text":"1. The legislation in force to protect women against the incidence of all kinds of violence in everyday life (including sexual violence, abuses in the family, sexual harassment at the workplace, etc.);"},{"docId":"annotated-cedaw-gr12-vaw","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr12-vaw-0003","n":2,"idx":3,"text":"2. Other measures adopted to eradicate this violence;"},{"docId":"annotated-cedaw-gr12-vaw","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr12-vaw-0004","n":3,"idx":4,"text":"3. The existence of support services for women who are the victims of aggression or abuses;"},{"docId":"annotated-cedaw-gr12-vaw","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr12-vaw-0005","n":4,"idx":5,"text":"4. Statistical data on the incidence of violence of all kinds against women and on women who are the victims of violence."},{"docId":"annotated-cedaw-gr13-remuneration","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr13-remuneration-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Recalling International Labour Organization Convention No. 100 concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, which has been ratified by a large majority of States parties to the Convention on the Elimination of All Forms of Discrimination against Women, Recalling also that it has considered 51 initial and 5 second periodic reports of States parties since 1983, Considering that although reports of States parties indicate that, even though the principle of equal remuneration for work of equal value has been accepted in the legislation of many countries, more remains to be done to ensure the application of that principle in practice, in order to overcome the gender-segregation in the labour market, Recommends to the States parties to the Convention on the Elimination of All Forms of Discrimination against Women that:","isPreamble":true},{"docId":"annotated-cedaw-gr13-remuneration","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr13-remuneration-0002","n":1,"idx":2,"text":"1. In order to implement fully the Convention on the Elimination of All Forms of Discrimination against Women, those States parties that have not yet ratified ILO Convention No. 100 should be encouraged to do so;"},{"docId":"annotated-cedaw-gr13-remuneration","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr13-remuneration-0003","n":2,"idx":3,"text":"2. They should consider the study, development and adoption of job evaluation systems based on gender-neutral criteria that would facilitate the comparison of the value of those jobs of a different nature, in which women presently predominate, with those jobs in which men presently predominate, and they should include the results achieved in their reports to the Committee on the Elimination of Discrimination against Women;"},{"docId":"annotated-cedaw-gr13-remuneration","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr13-remuneration-0004","n":3,"idx":4,"text":"3. They should support, as far as practicable, the creation of implementation machinery and encourage the efforts of the parties to collective agreements, where they apply, to ensure the application of the principle of equal remuneration for work of equal value."},{"docId":"annotated-cedaw-gr14-circumcision","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr14-circumcision-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Concerned about the continuation of the practice of female circumcision and other traditional practices harmful to the health of women, Noting with satisfaction that Governments, where such practices exist, national women’s organizations, non-governmental organizations, specialized agencies, such as the World Health Organization, the United Nations Children’s Fund, as well as the Commission on Human Rights and its Submission on Prevention of Discrimination and Protection of Minorities, remain seized of the issue having particularly recognized that such traditional practices as female circumcision have serious health and other consequences for women and children, Noting with interest the study of the Special Rapporteur on Traditional Practices Affecting the Health of Women and Children, as well as the study of the Special Working Group on Traditional Practices, Recognizing that women are taking important action themselves to identify and to combat practices that are prejudicial to the health and well-being of women and children, Convinced that the important action that is being taken by women and by all interested groups needs to be supported and encouraged by Governments, Noting with grave concern that there are continuing cultural, traditional and economic pressures which help to perpetuate harmful practices, such as female circumcision, Recommends to States parties:","isPreamble":true},{"docId":"annotated-cedaw-gr14-circumcision","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr14-circumcision-0002","n":1,"idx":2,"text":"(a) That States parties take appropriate and effective measures with a view to eradicating the practice of female circumcision. Such measures could include: The collection and dissemination by universities, medical or nursing associations, national women’s organizations or other bodies of basic data about such traditional practices; The support of women’s organizations at the national and local levels working for the elimination of female circumcision and other practices harmful to women; The encouragement of politicians, professionals, religious and community leaders at all levels including the media and the arts to cooperate in influencing attitudes towards the eradication of female circumcision; The introduction of appropriate educational and training programmes and seminars based on research findings about the problems arising from female circumcision;"},{"docId":"annotated-cedaw-gr14-circumcision","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr14-circumcision-0003","n":2,"idx":3,"text":"(b) That States parties include in their national health policies appropriate strategies aimed at eradicating female circumcision in public health care. Such strategies could include the special responsibility of health personnel including traditional birth attendants to explain the harmful effects of female circumcision;"},{"docId":"annotated-cedaw-gr14-circumcision","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr14-circumcision-0004","n":3,"idx":4,"text":"(c) That States parties invite assistance, information and advice from the appropriate organizations of the United Nations system to support and assist efforts being deployed to eliminate harmful traditional practices;"},{"docId":"annotated-cedaw-gr14-circumcision","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr14-circumcision-0005","n":4,"idx":5,"text":"(d) That States parties include in their reports to the Committee under articles 10 and 12 of the Convention on the Elimination of All Forms of Discrimination against Women information about measures taken to eliminate female circumcision.","citedArticles":[{"treaty":"CEDAW","article":"10","source":"regex"},{"treaty":"CEDAW","article":"12","source":"regex"}]},{"docId":"annotated-cedaw-gr15-aids","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr15-aids-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Having considered information brought to its attention on the potential effects of both the global pandemic of acquired immunodeficiency syndrome (AIDS) and strategies to control it on the exercise of the rights of women, Having regard to the reports and materials prepared by the World Health Organization and other United Nations organizations, organs and bodies in relation to human immunodeficiency virus (HIV), and, in particular, the note by the Secretary-General to the Commission on the Status of Women on the effects of AIDS on the advancement of women and the Final Document of the International Consultation on AIDS and Human Rights, held at Geneva from 26 to 28 July 1989, Noting World Health Assembly resolution WHA 41.24 on the avoidance of discrimination in relation to HIV-infected people and people with AIDS, of 13 May 1988, resolution 1989/11 of the Commission on Human Rights on non-discrimination in the field of health, of 2 March 1989, and in particular the Paris Declaration on Women, Children and AIDS, of 30 November 1989, Noting that the World Health Organization has announced that the theme of World Aids Day, 1 December 1990, will be “Women and Aids”, Recommends:","isPreamble":true},{"docId":"annotated-cedaw-gr15-aids","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr15-aids-0002","n":1,"idx":2,"text":"(a) That States parties intensify efforts in disseminating information to increase public awareness of the risk of HIV infection and AIDS, especially in women and children, and of its effect on them;"},{"docId":"annotated-cedaw-gr15-aids","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr15-aids-0003","n":2,"idx":3,"text":"(b) That programmes to combat AIDS should give special attention to the rights and needs of women and children, and to the factors relating to the reproductive role of women and their subordinate position in some societies which make them especially vulnerable to HIV infection;"},{"docId":"annotated-cedaw-gr15-aids","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr15-aids-0004","n":3,"idx":4,"text":"(c) That States parties ensure the active participation of women in primary health care and take measures to enhance their role as care providers, health workers and educators in the prevention of infection with HIV;"},{"docId":"annotated-cedaw-gr15-aids","labels":["Women/girls","Children","Persons living with HIV/AIDS","Persons affected by armed conflict"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr15-aids-0005","n":4,"idx":5,"text":"(d) That all States parties include in their reports under article 12 of the Convention information on the effects of AIDS on the situation of women and on the action taken to cater to the needs of those women who are infected and to prevent specific discrimination against women in response to AIDS.","citedArticles":[{"treaty":"CEDAW","article":"12","source":"regex"}]},{"docId":"annotated-cedaw-gr16-unpaid-women-workers","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr16-unpaid-women-workers-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Bearing in mind articles 2 (c) and 11 (c), (d) and (e) of the Convention on the Elimination of All Forms of Discrimination against Women and general recommendation No. 9 (Eighth session, 1989) on statistical data concerning the situation of women, Taking into consideration that a high percentage of women in the States parties work without payment, social security and social benefits in enterprises owned usually by a male member of the family, Noting that the reports presented to the Committee on the Elimination of Discrimination against Women generally do not refer to the problem of unpaid women workers of family enterprises, Affirming that unpaid work constitutes a form of women’s exploitation that is contrary to the Convention, Recommends that States parties:","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"2","source":"regex"},{"treaty":"CEDAW","article":"11","source":"regex"}]},{"docId":"annotated-cedaw-gr16-unpaid-women-workers","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr16-unpaid-women-workers-0002","n":1,"idx":2,"text":"(a) Include in their reports to the Committee information on the legal and social situation of unpaid women working in family enterprises;"},{"docId":"annotated-cedaw-gr16-unpaid-women-workers","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr16-unpaid-women-workers-0003","n":2,"idx":3,"text":"(b) Collect statistical data on women who work without payment, social security and social benefits in enterprises owned by a family member, and include these data in their report to the Committee;"},{"docId":"annotated-cedaw-gr16-unpaid-women-workers","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr16-unpaid-women-workers-0004","n":3,"idx":4,"text":"(c) Take the necessary steps to guarantee payment, social security and social benefits for women who work without such benefits in enterprises owned by a family member."},{"docId":"annotated-cedaw-gr17-measurement","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr17-measurement-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Bearing in mind article 11 of the Convention on the Elimination of All Forms of Discrimination against Women, Recalling paragraph 120 of the Nairobi Forward-looking Strategies for the Advancement of Women, Affirming that the measurement and quantification of the unremunerated domestic activities of women, which contribute to development in each country, will help to reveal the de facto economic role of women, Convinced that such measurement and quantification offers a basis for the formulation of further policies related to the advancement of women, Noting the discussions of the Statistical Commission, at its twenty-first session, on the current revision of the System of National Accounts and the development of statistics on women, Recommends that States parties:","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"11","source":"regex"}]},{"docId":"annotated-cedaw-gr17-measurement","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr17-measurement-0002","n":1,"idx":2,"text":"(a) Encourage and support research and experimental studies to measure and value the unremunerated domestic activities of women; for example, by conducting time-use surveys as part of their national household survey programmes and by collecting statistics disaggregated by gender on time spent on activities both in the household and on the labour market;"},{"docId":"annotated-cedaw-gr17-measurement","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr17-measurement-0003","n":2,"idx":3,"text":"(b) Take steps, in accordance with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women and the Nairobi Forward-looking Strategies for the Advancement of Women, to quantify and include the unremunerated domestic activities of women in the gross national product;"},{"docId":"annotated-cedaw-gr17-measurement","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr17-measurement-0004","n":3,"idx":4,"text":"(c) Include in their reports submitted under article 18 of the Convention information on the research and experimental studies undertaken to measure and value unremunerated domestic activities, as well as on the progress made in the incorporation of the unremunerated domestic activities of women in national accounts.","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr18-disabled","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr18-disabled-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Taking into consideration particularly article 3 of the Convention on the Elimination of All Forms of Discrimination against Women, Having considered more than 60 periodic reports of States parties, and having recognized that they provide scarce information on disabled women, Concerned about the situation of disabled women, who suffer from a double discrimination linked to their special living conditions, Recalling paragraph 296 of the Nairobi Forward-looking Strategies for the Advancement of Women, in which disabled women are considered as a vulnerable group under the heading “areas of special concern”, Affirming its support for the World Programme of Action concerning Disabled Persons (1982)","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"3","source":"regex"}]},{"docId":"annotated-cedaw-gr18-disabled","labels":["Women/girls","Persons with disabilities"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr18-disabled-0002","n":1,"idx":2,"text":"Recommends that States parties provide information on disabled women in their periodic reports, and on measures taken to deal with their particular situation, including special measures to ensure that they have equal access to education and employment, health services and social security, and to ensure that they can participate in all areas of social and cultural life."},{"docId":"annotated-cedaw-gr20-reservations","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr20-reservations-0001","n":1,"idx":1,"text":"The Committee recalled the decision of the Fourth Meeting of States parties on reservations to the Convention with regard to article 28.2, which was welcomed in General recommendation No. 4 of the Committee.","citedArticles":[{"treaty":"CEDAW","article":"28","source":"regex"}]},{"docId":"annotated-cedaw-gr20-reservations","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr20-reservations-0002","n":0,"idx":2,"text":"The Committee recommended that, in connection with preparations for the World Conference on Human Rights in 1993, States parties should:","isPreamble":true},{"docId":"annotated-cedaw-gr20-reservations","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr20-reservations-0003","n":2,"idx":3,"text":"(a) Raise the question of the validity and the legal effect of reservations to the Convention in the context of reservations to other human rights treaties;"},{"docId":"annotated-cedaw-gr20-reservations","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr20-reservations-0004","n":3,"idx":4,"text":"(b) Reconsider such reservations with a view to strengthening the implementation of all human rights treaties;"},{"docId":"annotated-cedaw-gr20-reservations","labels":[],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1992,"id":"annotated-cedaw-gr20-reservations-0005","n":4,"idx":5,"text":"(c) Consider introducing a procedure on reservations to the Convention comparable with that of other human rights treaties."},{"docId":"annotated-cedaw-gr5-tsm1","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr5-tsm1-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Taking note that the reports, the introductory remarks and the replies by States parties reveal that while significant progress has been achieved in regard to repealing or modifying discriminatory laws, there is still a need for action to be taken to implement fully the Convention by introducing measures to promote de facto equality between men and women, Recalling article 4.1 of the Convention","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"}]},{"docId":"annotated-cedaw-gr5-tsm1","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr5-tsm1-0002","n":1,"idx":2,"text":"Recommends that States parties make more use of temporary special measures such as positive action, preferential treatment or quota systems to advance women’s integration into education, the economy, politics and employment."},{"docId":"annotated-cedaw-gr6-national-machinery","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr6-national-machinery-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Having considered the reports of States parties to the Convention on the Elimination of All Forms of Discrimination against Women, Noting United Nations General Assembly resolution 42/60 of 30 November 1987, Recommends that States parties:","isPreamble":true},{"docId":"annotated-cedaw-gr6-national-machinery","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr6-national-machinery-0002","n":1,"idx":2,"text":"1. Establish and/or strengthen effective national machinery, institutions and procedures, at a high level of Government, and with adequate resources, commitment and authority to: (a) Advise on the impact on women of all government policies; (b) Monitor the situation of women comprehensively; (c) Help formulate new policies and effectively carry out strategies and measures to eliminate discrimination;"},{"docId":"annotated-cedaw-gr6-national-machinery","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr6-national-machinery-0003","n":2,"idx":3,"text":"2. Take appropriate steps to ensure the dissemination of the Convention, the reports of the States parties under article 18 and the reports of the Committee in the language of the States concerned;","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr6-national-machinery","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr6-national-machinery-0004","n":3,"idx":4,"text":"3. Seek the assistance of the Secretary-General and the Department of Public Information in providing translations of the Convention and the reports of the Committee;"},{"docId":"annotated-cedaw-gr6-national-machinery","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr6-national-machinery-0005","n":4,"idx":5,"text":"4. Include in their initial and periodic reports the action taken in respect of this recommendation."},{"docId":"annotated-cedaw-gr7-resources","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr7-resources-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Noting General Assembly resolutions 40/39, 41/108 and in particular 42/60, paragraph 14, which invited the Committee and the States parties to consider the question of holding future sessions of the Committee at Vienna, Bearing in mind General Assembly resolution 42/105 and, in particular, paragraph 11, which requests the Secretary-General to strengthen coordination between the United Nations Centre for Human Rights and the Centre for Social Development and Humanitarian Affairs of the secretariat in relation to the implementation of human rights treaties and servicing treaty bodies, Recommends to the States parties:","isPreamble":true},{"docId":"annotated-cedaw-gr7-resources","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr7-resources-0002","n":1,"idx":2,"text":"1. That they continue to support proposals for strengthening the coordination between the Centre for Human Rights at Geneva and the Centre for Social Development and Humanitarian Affairs at Vienna, in relation to the servicing of the Committee;"},{"docId":"annotated-cedaw-gr7-resources","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr7-resources-0003","n":2,"idx":3,"text":"2. That they support proposals that the Committee meet in New York and Vienna;"},{"docId":"annotated-cedaw-gr7-resources","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr7-resources-0004","n":3,"idx":4,"text":"3. That they take all necessary and appropriate steps to ensure that adequate resources and services are available to the Committee to assist it in its functions under the Convention and in particular that full-time staff are available to help the Committee to prepare for its sessions and during its session;"},{"docId":"annotated-cedaw-gr7-resources","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr7-resources-0005","n":4,"idx":5,"text":"4. That they ensure that supplementary reports and materials are submitted to the Secretariat in due time to be translated into the official languages of the United Nations in time for distribution and consideration by the Committee."},{"docId":"annotated-cerd-gr1-obligations-art-4","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1972,"id":"annotated-cerd-gr1-obligations-art-4-0001","n":1,"idx":1,"text":"On the basis of the consideration at its fifth session of reports submitted by States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, the Committee found that the legislation of a number of States parties did not include the provisions envisaged in article 4 (a) and (b) of the Convention, the implementation of which (with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention) is obligatory under the Convention for all States parties.\nThe Committee accordingly recommends that the States parties whose legislation was deficient in this respect should consider, in accordance with their national legislative procedures, the question of supplementing their legislation with provisions conforming to the requirements of article 4 (a) and (b) of the Convention.","citedArticles":[{"article":"9","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'reports submitted by States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination' — unambiguously CERD art. 9."},{"article":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'article 4 (a) and (b) of the Convention' in a CERD GR by CERD committee; 'the Convention' = CERD throughout."},{"article":"5","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Text explicitly: 'the rights expressly set forth in article 5 of the Convention' — same CERD convention context."},{"article":"4","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Second reference to 'article 4 (a) and (b) of the Convention' — CERD, same as above."}]},{"id":"annotated-cerd-gr11-non-citizens-0001","docId":"annotated-cerd-gr11-non-citizens","idx":1,"n":1,"text":"Article 1, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination defines racial discrimination. Article 1, paragraph 2, excepts from this definition actions by a State party which differentiate between citizens and non-citizens. Article 1, paragraph 3, qualifies article 1, paragraph 2, by declaring that, among non-citizens, States parties may not discriminate against any particular nationality","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr11-non-citizens-0002","docId":"annotated-cerd-gr11-non-citizens","idx":2,"n":2,"text":"The Committee has noted that article 1, paragraph 2, has on occasion been interpreted as absolving States parties from any obligation to report on matters relating to legislation on foreigners. The Committee therefore affirms that States parties are under an obligation to report fully upon legislation on foreigners and its implementation.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr11-non-citizens-0003","docId":"annotated-cerd-gr11-non-citizens","idx":3,"n":3,"text":"The Committee further affirms that article 1, paragraph 2, must not be interpreted to detract in any way from the rights and freedoms recognized and enunciated in other instruments, especially the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"article":"1","treaty":"CERD","confidence":"high","source":"sonnet","rationale":"Home treaty is CERD and text explicitly discusses 'article 1, paragraph 2' of CERD in the context of CERD GR11 on non-citizens."}]},{"id":"annotated-cerd-gr13-training-0001","docId":"annotated-cerd-gr13-training","idx":1,"n":1,"text":"In accordance with article 2, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, States parties have undertaken that all public authorities and public institutions, national and local, will not engage in any practice of racial discrimination; further, States parties have undertaken to guarantee the rights listed in article 5 of the Convention to everyone without distinction as to race, colour or national or ethnic origin.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"2","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"annotated-cerd-gr13-training-0002","docId":"annotated-cerd-gr13-training","idx":2,"n":2,"text":"The fulfilment of these obligations very much depends upon national law enforcement officials who exercise police powers, especially the powers of detention or arrest, and upon whether they are properly informed about the obligations their State has entered into under the Convention. Law enforcement officials should receive intensive training to ensure that in the performance of their duties they respect as well as protect human dignity and maintain and uphold the human rights of all persons without distinction as to race, colour or national or ethnic origin.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993},{"id":"annotated-cerd-gr13-training-0003","docId":"annotated-cerd-gr13-training","idx":3,"n":3,"text":"In the implementation of article 7 of the Convention, the Committee calls upon States parties to review and improve the training of law enforcement officials so that the standards of the Convention as well as the Code of Conduct for Law Enforcement Officials (1979) are fully implemented. They should also include respective information thereupon in their periodic reports.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"7","source":"regex"}]},{"id":"annotated-cerd-gr14-non-discrimination-0001","docId":"annotated-cerd-gr14-non-discrimination","idx":1,"n":1,"text":"Non-discrimination, together with equality before the law and equal protection of the law without any discrimination, constitutes a basic principle in the protection of human rights. The Committee wishes to draw the attention of States parties to certain features of the definition of racial discrimination in article 1, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination. It is of the opinion that the words “based on” do not bear any meaning different from “on the grounds of” in preambular paragraph 7. A distinction is contrary to the Convention if it has either the purpose or the effect of impairing particular rights and freedoms. This is confirmed by the obligation placed upon States parties by article 2, paragraph 1 (c), to nullify any law or practice which has the effect of creating or perpetuating racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"2","source":"regex"}]},{"id":"annotated-cerd-gr14-non-discrimination-0002","docId":"annotated-cerd-gr14-non-discrimination","idx":2,"n":2,"text":"The Committee observes that a differentiation of treatment will not constitute discrimination if the criteria for such differentiation, judged against the objectives and purposes of the Convention, are legitimate or fall within the scope of article 1, paragraph 4, of the Convention. In considering the criteria that may have been employed, the Committee will acknowledge that particular actions may have varied purposes. In seeking to determine whether an action has an effect contrary to the Convention, it will look to see whether that action has an unjustifiable disparate impact upon a group distinguished by race, colour, descent, or national or ethnic origin.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"}]},{"id":"annotated-cerd-gr14-non-discrimination-0003","docId":"annotated-cerd-gr14-non-discrimination","idx":3,"n":3,"text":"Article 1, paragraph 1, of the Convention also refers to the political, economic, social and cultural fields; the related rights and freedoms are set up in article 5.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"citedArticles":[{"treaty":"CERD","article":"1","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"docId":"annotated-cerd-gr2-obligations","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1973,"id":"annotated-cerd-gr2-obligations-0001","n":0,"idx":1,"text":"The Committee has considered some reports from States parties which expressed or implied the belief that the information mentioned in the Committee’s communication of 28 January 1970 (CERD/C/R.12), need not be supplied by States parties on whose territories racial discrimination does not exist.\nHowever, inasmuch as, in accordance with article 9, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, all States parties undertake to submit reports on the measures that they have adopted and that give effect to the provisions of the Convention and, since all the categories of information listed in the Committee’s communication of 28 January 1970 refer to obligations undertaken by the States parties under the Convention, that communication is addressed to all States parties without distinction, whether or not racial discrimination exists in their respective territories. The Committee welcomes the inclusion in the reports from all States parties, which have not done so, of the necessary information in conformity with all the headings set out in the aforementioned communication of the Committee.","isPreamble":true,"citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"annotated-cerd-gr22-refugee-0001","docId":"annotated-cerd-gr22-refugee","idx":1,"n":0,"text":"The Committee on the Elimination of Racial Discrimination,\nConscious of the fact that foreign military, non-military and/or ethnic conflicts have\nresulted in massive flows of refugees and the displacement of persons on the basis of ethnic\ncriteria in many parts of the world,\nConsidering that the Universal Declaration of Human Rights and the Convention on the\nElimination of All Forms of Racial Discrimination proclaim that all human beings are born free\nand equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out\ntherein, without distinction of any kind, in particular as to race, colour, descent or national or\nethnic origin,\nRecalling the 1951 Convention and the 1967 Protocol relating to the status of refugees as\nthe main source of the international system for the protection of refugees in general,","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"isPreamble":true,"preambleSource":"hri-vol-II"},{"id":"annotated-cerd-gr22-refugee-0002","docId":"annotated-cerd-gr22-refugee","idx":2,"n":1,"text":"Draws the attention of States parties to article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination as well as the Committee’s general recommendation XX (48) on article 5, and reiterates that the Convention obliges States parties to prohibit and eliminate racial discrimination in the enjoyment of civil, political, economic, social and cultural rights and freedoms;","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996,"citedArticles":[{"treaty":"CERD","article":"5","source":"regex"},{"treaty":"CERD","article":"5","source":"regex"}]},{"id":"annotated-cerd-gr22-refugee-0003","docId":"annotated-cerd-gr22-refugee","idx":3,"n":2,"text":"Emphasizes in this respect that:\n(a) All such refugees and displaced persons have the right freely to return to their homes of origin under conditions of safety;\n(b) States parties are obliged to ensure that the return of such refugees and displaced persons is voluntary and to observe the principle of non‑refoulement and non‑expulsion of refugees;\n(c) All such refugees and displaced persons have, after their return to their homes of origin, the right to have restored to them property of which they were deprived in the course of the conflict and to be compensated appropriately for any such property that cannot be restored to them. Any commitments or statements relating to such property made under duress are null and void;\n(d) All such refugees and displaced persons have, after their return to their homes of origin, the right to participate fully and equally in public affairs at all levels and to have equal access to public services and to receive rehabilitation assistance","labels":["Refugees & asylum-seekers","Internally displaced persons"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1996},{"id":"annotated-cerd-gr26-article6-0001","docId":"annotated-cerd-gr26-article6","idx":1,"n":1,"text":"The Committee on the Elimination of Racial Discrimination believes that the degree to which acts of racial discrimination and racial insults damage the injured party’s perception of his/her own worth and reputation is often underestimated.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000},{"id":"annotated-cerd-gr26-article6-0002","docId":"annotated-cerd-gr26-article6","idx":2,"n":2,"text":"The Committee notifies States parties that, in its opinion, the right to seek just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination, which is embodied in article 6 of the Convention, is not necessarily secured solely by the punishment of the perpetrator of the discrimination; at the same time, the courts and other competent authorities should consider awarding financial compensation for damage, material or moral, suffered by a victim, whenever appropriate.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2000,"citedArticles":[{"treaty":"CERD","article":"6","source":"regex"}]},{"docId":"annotated-cerd-gr3-reporting","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":1972,"id":"annotated-cerd-gr3-reporting-0001","n":0,"idx":1,"text":"The Committee has considered some reports from States parties containing information about measures taken to implement resolutions of United Nations organs concerning relations with the racist regimes in southern Africa., The Committee notes that, in the tenth paragraph of the preamble to the International Convention on the Elimination of All Forms of Racial Discrimination, States parties have “resolved”, inter alia, “to build an international community free from all forms of racial segregation and racial discrimination”., It notes also that, in article 3 of the Convention, “States parties particularly condemn racial segregation and apartheid”., Furthermore, the Committee notes that, in resolution 2784 (XXVI), section III, the General Assembly, immediately after taking note with appreciation of the Committee’s second annual report and endorsing certain opinions and recommendations, submitted by it, proceeded to call upon “all the trading partners of South Africa to abstain from any action that constitutes an encouragement to the continued violation of the principles and objectives of the International Convention on the Elimination of All Forms of Racial Discrimination by South Africa and the illegal regime in Southern Rhodesia”., The Committee expresses the view that measures adopted on the national level to give effect to the provisions of the Convention are interrelated with measures taken on the international level to encourage respect everywhere for the principles of the Convention., The Committee welcomes the inclusion in the reports submitted under article 9, paragraph 1, of the Convention, by any State party which chooses to do so, of information regarding the status of its diplomatic, economic and other relations with the racist regimes in southern Africa.","isPreamble":true,"citedArticles":[{"treaty":"CERD","article":"3","source":"regex"},{"treaty":"CERD","article":"9","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-174-0001","docId":"hri-gen-1-rev-9-vol-i-p-174","idx":1,"n":1,"text":"The Committee notes that article 2 of the Covenant generally leaves it to the States parties concerned to choose their method of implementation in their territories within the framework set out in that article. It recognizes, in particular, that the implementation does not depend solely on constitutional or legislative enactments, which in themselves are often not per se sufficient. The Committee considers it necessary to draw the attention of States parties to the fact that the obligation under the Covenant is not confined to the respect of human rights, but that States parties have also undertaken to ensure the enjoyment of these rights to all individuals under their jurisdiction. This aspect calls for specific activities by the States parties to enable individuals to enjoy their rights. This is obvious in a number of articles (e.g. article 3 which is dealt with in general comment No. 4 below), but in principle this undertaking relates to all rights set forth in the Covenant.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"3","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-174-0002","docId":"hri-gen-1-rev-9-vol-i-p-174","idx":2,"n":2,"text":"In this connection, it is very important that individuals should know what their rights under the Covenant (and the Optional Protocol, as the case may be) are and also that all administrative and judicial authorities should be aware of the obligations which the State party has assumed under the Covenant. To this end, the Covenant should be publicized in all official languages of the State and steps should be taken to familiarize the authorities concerned with its contents as part of their training. It is desirable also to give publicity to the State party’s cooperation with the Committee.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"hri-gen-1-rev-9-vol-i-p-176-0001","docId":"hri-gen-1-rev-9-vol-i-p-176","idx":1,"n":1,"text":"Article 4 of the Covenant has posed a number of problems for the Committee when considering reports from some States parties. When a public emergency which threatens the life of a nation arises and it is officially proclaimed, a State party may derogate from a number of rights to the extent strictly required by the situation. The State party, however, may not derogate from certain specific rights and may not take discriminatory measures on a number of grounds. The State party is also under an obligation to inform the other States parties immediately, through the Secretary General, of the derogations it has made including the reasons therefor and the date on which the derogations are terminated.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-176-0002","docId":"hri-gen-1-rev-9-vol-i-p-176","idx":2,"n":2,"text":"States parties have generally indicated the mechanism provided in their legal systems for the declaration of a state of emergency and the applicable provisions of the law governing derogations. However, in the case of a few States which had apparently derogated from Covenant rights, it was unclear not only whether a state of emergency had been officially declared but also whether rights from which the Covenant allows no derogation had in fact not been derogated from and further whether the other States parties had been informed of the derogations and of the reasons for the derogations.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981},{"id":"hri-gen-1-rev-9-vol-i-p-176-0003","docId":"hri-gen-1-rev-9-vol-i-p-176","idx":3,"n":3,"text":"The Committee holds the view that measures taken under article 4 are of an exceptional and temporary nature and may only last as long as the life of the nation concerned is threatened and that, in times of emergency, the protection of human rights becomes all the more important, particularly those rights from which no derogations can be made. The Committee also considers that it is equally important for States parties, in times of public emergency, to inform the other States parties of the nature and extent of the derogations they have made and of the reasons therefor and, further, to fulfil their reporting obligations under article 40 of the Covenant by indicating the nature and extent of each right derogated from together with the relevant documentation.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1981,"citedArticles":[{"treaty":"ICCPR","article":"4","source":"regex"},{"treaty":"ICCPR","article":"40","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-178-0001","docId":"hri-gen-1-rev-9-vol-i-p-178","idx":1,"n":1,"text":"In examining the reports of States parties, members of the Committee have often asked for further information under article 7 which prohibits, in the first place, torture or cruel, inhuman or degrading treatment or punishment. The Committee recalls that even in situations of public emergency such as are envisaged by article 4 (1) this provision is non derogable under article 4 (2). Its purpose is to protect the integrity and dignity of the individual. The Committee notes that it is not sufficient for the implementation of this article to prohibit such treatment or punishment or to make it a crime. Most States have penal provisions which are applicable to cases of torture or similar practices. Because such cases nevertheless occur, it follows from article 7, read together with article 2 of the Covenant, that States must ensure an effective protection through some machinery of control. Complaints about ill treatment must be investigated effectively by competent authorities. Those found guilty must be held responsible, and the alleged victims must themselves have effective remedies at their disposal, including the right to obtain compensation. Among the safeguards which may make control effective are provisions against detention incommunicado, granting, without prejudice to the investigation, persons such as doctors, lawyers and family members access to the detainees; provisions requiring that detainees should be held in places that are publicly recognized and that their names and places of detention should be entered in a central register available to persons concerned, such as relatives; provisions making confessions or other evidence obtained through torture or other treatment contrary to article 7 inadmissible in court; and measures of training and instruction of law enforcement officials not to apply such treatment.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"4","paragraph":"1","source":"regex"},{"treaty":"ICCPR","article":"4","paragraph":"2","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"2","source":"regex"},{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-178-0002","docId":"hri-gen-1-rev-9-vol-i-p-178","idx":2,"n":2,"text":"As appears from the terms of this article, the scope of protection required goes far beyond torture as normally understood. It may not be necessary to draw sharp distinctions between the various prohibited forms of treatment or punishment. These distinctions depend on the kind, purpose and severity of the particular treatment. In the view of the Committee the prohibition must extend to corporal punishment, including excessive chastisement as an educational or disciplinary measure. Even such a measure as solitary confinement may, according to the circumstances, and especially when the person is kept incommunicado, be contrary to this article. Moreover, the article clearly protects not only persons arrested or imprisoned, but also pupils and patients in educational and medical institutions. Finally, it is also the duty of public authorities to ensure protection by the law against such treatment even when committed by persons acting outside or without any official authority. For all persons deprived of their liberty, the prohibition of treatment contrary to article 7 is supplemented by the positive requirement of article 10 (1) of the Covenant that they shall be treated with humanity and with respect for the inherent dignity of the human person.","labels":["Persons deprived of their liberty"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"},{"treaty":"ICCPR","article":"10","paragraph":"1","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-178-0003","docId":"hri-gen-1-rev-9-vol-i-p-178","idx":3,"n":3,"text":"In particular, the prohibition extends to medical or scientific experimentation without the free consent of the person concerned (art. 7, second sentence). The Committee notes that the reports of States parties have generally given little or no information on this point. It takes the view that at least in countries where science and medicine are highly developed, and even for peoples and areas outside their borders if affected by their experiments, more attention should be given to the possible need and means to ensure the observance of this provision. Special protection in regard to such experiments is necessary in the case of persons not capable of giving their consent.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1982,"citedArticles":[{"treaty":"ICCPR","article":"7","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-182-0001","docId":"hri-gen-1-rev-9-vol-i-p-182","idx":1,"n":1,"text":"Not all reports submitted by States parties have provided sufficient information as to the implementation of article 20 of the Covenant. In view of the nature of article 20, States parties are obliged to adopt the necessary legislative measures prohibiting the actions referred to therein. However, the reports have shown that in some States such actions are neither prohibited by law nor are appropriate efforts intended or made to prohibit them. Furthermore, many reports failed to give sufficient information concerning the relevant national legislation and practice.","labels":[],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983,"citedArticles":[{"treaty":"ICCPR","article":"20","source":"regex"},{"treaty":"ICCPR","article":"20","source":"regex"}]},{"id":"hri-gen-1-rev-9-vol-i-p-182-0002","docId":"hri-gen-1-rev-9-vol-i-p-182","idx":2,"n":2,"text":"Article 20 of the Covenant states that any propaganda for war and any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. In the opinion of the Committee, these required prohibitions are fully compatible with the right of freedom of expression as contained in article 19, the exercise of which carries with it special duties and responsibilities. The prohibition under paragraph 1 extends to all forms of propaganda threatening or resulting in an act of aggression or breach of the peace contrary to the Charter of the United Nations, while paragraph 2 is directed against any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, whether such propaganda or advocacy has aims which are internal or external to the State concerned. The provisions of article 20, paragraph 1, do not prohibit advocacy of the sovereign right of self defence or the right of peoples to self determination and independence in accordance with the Charter of the United Nations. For article 20 to become fully effective there ought to be a law making it clear that propaganda and advocacy as described therein are contrary to public policy and providing for an appropriate sanction in case of violation. The Committee, therefore, believes that States parties which have not yet done so should take the measures necessary to fulfil the obligations contained in article 20, and should themselves refrain from any such propaganda or advocacy.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CCPR","committees":["CCPR"],"year":1983,"citedArticles":[{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text: 'Article 20 of the Covenant states...' — 'the Covenant' in HRC general comment = ICCPR; context_before also references 'article 20 of the Covenant'."},{"article":"19","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text: 'fully compatible with the right of freedom of expression as contained in article 19' — same Covenant context, ICCPR art. 19 (freedom of expression)."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text: 'paragraph 2 is directed against...' and 'The provisions of article 20, paragraph 1' — ICCPR art. 20, same Covenant context."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text: 'For article 20 to become fully effective...' — ICCPR art. 20, same Covenant context."},{"article":"20","treaty":"ICCPR","confidence":"high","source":"sonnet","rationale":"Text: 'obligations contained in article 20' — ICCPR art. 20, same Covenant context."}]},{"docId":"annotated-cedaw-gr2-reporting","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr2-reporting-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Bearing in mind that the Committee had been faced with difficulties in its work because some initial reports of States parties under article 18 of the Convention did not reflect adequately the information available in the State party concerned in accordance with the guidelines, Recommends:","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr2-reporting","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr2-reporting-0002","n":1,"idx":2,"text":"(a) That the States parties, in preparing reports under article 18 of the Convention, should follow the general guidelines adopted in August 1983 (CEDAW/C/7) as to the form, content and date of reports;","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr2-reporting","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr2-reporting-0003","n":2,"idx":3,"text":"(b) That the States parties should follow the general recommendation adopted in 1986 in these terms: “Initial reports submitted under article 18 of the Convention should cover the situation up to the date of submission. Thereafter, reports should be submitted at least every four years after the first report was due and should include obstacles encountered in implementing the Convention fully and the measures adopted to overcome such obstacles.”","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr2-reporting","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr2-reporting-0004","n":3,"idx":4,"text":"(c) That additional information supplementing the report of a State party should be sent to the Secretariat at least three months before the session at which the report is due to be considered."},{"docId":"annotated-cedaw-gr3-campaigns-edu","labels":["preamble"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"preambleSource":"hri-vol-II","id":"annotated-cedaw-gr3-campaigns-edu-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Considering that the Committee on the Elimination of Discrimination against Women has considered 34 reports from States parties since 1983, Further considering that, although the reports have come from States with different levels of development, they present features in varying degrees showing the existence of stereotyped conceptions of women, owing to sociocultural factors, that perpetuate discrimination based on sex and hinder the implementation of article 5 of the Convention","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"5","source":"regex"}]},{"docId":"annotated-cedaw-gr3-campaigns-edu","labels":["preamble"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"preambleSource":"hri-vol-II","id":"annotated-cedaw-gr3-campaigns-edu-0002","n":1,"idx":2,"text":"Urges all States parties effectively to adopt education and public information programmes, which will help eliminate prejudices and current practices that hinder the full operation of the principle of the social equality of women."},{"docId":"annotated-cedaw-gr4-reservations","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr4-reservations-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Having examined reports from States parties at its sessions, Expressed concern in relation to the significant number of reservations that appeared to be incompatible with the object and purpose of the Convention","isPreamble":true},{"docId":"annotated-cedaw-gr4-reservations","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1987,"id":"annotated-cedaw-gr4-reservations-0002","n":1,"idx":2,"text":"Welcomes the decision of the States parties to consider reservations at its next meeting in New York in 1988, and to that end suggests that all States parties concerned reconsider such reservations with a view to withdrawing them."},{"docId":"annotated-cedaw-gr8-art-8","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr8-art-8-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Having considered the reports of States parties submitted in accordance with article 18 of the Convention","isPreamble":true,"citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"annotated-cedaw-gr8-art-8","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1988,"id":"annotated-cedaw-gr8-art-8-0002","n":1,"idx":2,"text":"Recommends that States parties take further direct measures in accordance with article 4 of the Convention to ensure the full implementation of article 8 of the Convention and to ensure to women on equal terms with men and without any discrimination the opportunities to represent their Government at the international level and to participate in the work of international organizations.","citedArticles":[{"treaty":"CEDAW","article":"4","source":"regex"},{"treaty":"CEDAW","article":"8","source":"regex"}]},{"docId":"annotated-cedaw-gr9-statisticaldata","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr9-statisticaldata-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Considering that statistical information is absolutely necessary in order to understand the real situation of women in each of the States parties to the Convention, Having observed that many of the States parties that present their reports for consideration by the Committee do not provide statistics","isPreamble":true},{"docId":"annotated-cedaw-gr9-statisticaldata","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr9-statisticaldata-0002","n":1,"idx":2,"text":"Recommends that States parties should make every effort to ensure that their national statistical services responsible for planning national censuses and other social and economic surveys formulate their questionnaires in such a way that data can be disaggregated according to gender, with regard to both absolute numbers and percentages, so that interested users can easily obtain information on the situation of women in the particular sector in which they are interested."},{"docId":"annotated-cedaw-gr10-tenth-anniversary","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr10-tenth-anniversary-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Discrimination against Women, Considering that 18 December 1989 marks the tenth anniversary of the adoption of the Convention on the Elimination of All Forms of Discrimination against Women, Considering further that in those 10 years the Convention has proved to be one of the most effective instruments that the United Nations has adopted to promote equality between the sexes in the societies of its States Members, Recalling General recommendation No. 6 (Seventh session, 1988) on effective national machinery and publicity, Recommends that, on the occasion of the tenth anniversary of the adoption of the Convention, the States parties should consider:","isPreamble":true},{"docId":"annotated-cedaw-gr10-tenth-anniversary","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr10-tenth-anniversary-0002","n":1,"idx":2,"text":"1. Undertaking programmes including conferences and seminars to publicize the Convention on the Elimination of All Forms of Discrimination against Women in the main languages of and providing information on the Convention in their respective countries;"},{"docId":"annotated-cedaw-gr10-tenth-anniversary","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr10-tenth-anniversary-0003","n":2,"idx":3,"text":"2. Inviting their national women’s organizations to cooperate in the publicity campaigns regarding the Convention and its implementation and encouraging non-governmental organizations at the national, regional and international levels to publicize the Convention and its implementation;"},{"docId":"annotated-cedaw-gr10-tenth-anniversary","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr10-tenth-anniversary-0004","n":3,"idx":4,"text":"3. Encouraging action to ensure the full implementation of the principles of the Convention, and in particular article 8, which relates to the participation of women at all levels of activity of the United Nations and the United Nations system;","citedArticles":[{"treaty":"CEDAW","article":"8","source":"regex"}]},{"docId":"annotated-cedaw-gr10-tenth-anniversary","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1990,"id":"annotated-cedaw-gr10-tenth-anniversary-0005","n":4,"idx":5,"text":"4. Requesting the Secretary-General to commemorate the tenth anniversary of the adoption of the Convention by publishing and disseminating, in cooperation with the specialized agencies, printed and other materials regarding the Convention and its implementation in all official languages of the United Nations, preparing television documentaries about the Convention, and making the necessary resources available to the Division for the Advancement of Women, Centre for Social Development and Humanitarian Affairs of the United Nations Office at Vienna, to prepare an analysis of the information provided by States parties in order to update and publish the report of the Committee (A/CONF.116/13), which was first published for the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace, held at Nairobi in 1985."},{"docId":"annotated-cerd-gr16-article9","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr16-article9-0001","n":1,"idx":1,"text":"1. Under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, States parties have undertaken to submit, through the Secretary-General of the United Nations, for consideration by the Committee, reports on measures taken by them to give effect to the provisions of the Convention.","citedArticles":[{"treaty":"CERD","article":"9","source":"regex"}]},{"docId":"annotated-cerd-gr16-article9","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr16-article9-0002","n":2,"idx":2,"text":"2. With respect to this obligation of the States parties, the Committee has noted that, on some occasions, reports have made references to situations existing in other States."},{"docId":"annotated-cerd-gr16-article9","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr16-article9-0003","n":3,"idx":3,"text":"3. For this reason, the Committee wishes to remind States parties of the provisions of article 9 of the Convention concerning the content of their reports, while bearing in mind article 11, which is the only procedural means available to States for drawing to the attention of the Committee situations in which they consider that some other State is not giving effect to the provisions of the Convention.","citedArticles":[{"treaty":"CERD","article":"9","source":"regex"},{"treaty":"CERD","article":"11","source":"regex"}]},{"docId":"annotated-cerd-gr17-national-institutions","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr17-national-institutions-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Racial Discrimination, Considering the practice of States parties concerning the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, Convinced of the necessity to encourage further the establishment of national institutions to facilitate the implementation of the Convention, Emphasizing the need to strengthen further the implementation of the Convention","isPreamble":true},{"docId":"annotated-cerd-gr17-national-institutions","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr17-national-institutions-0002","n":1,"idx":2,"text":"1. Recommends that States parties establish national commissions or other appropriate bodies, taking into account, mutatis mutandis, the principles relating to the status of national institutions annexed to Commission on Human Rights resolution 1992/54 of 3 March 1992, to serve, inter alia, the following purposes: (a) To promote respect for the enjoyment of human rights without any discrimination, as expressly set out in article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination; (b) To review government policy towards protection against racial discrimination; (c) To monitor legislative compliance with the provisions of the Convention; (d) To educate the public about the obligations of States parties under the Convention; (e) To assist the Government in the preparation of reports submitted to the Committee on the Elimination of Racial Discrimination;","citedArticles":[{"treaty":"CERD","article":"5","source":"regex"}]},{"docId":"annotated-cerd-gr17-national-institutions","labels":["preamble"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1993,"preambleSource":"hri-vol-II","id":"annotated-cerd-gr17-national-institutions-0003","n":2,"idx":3,"text":"2. Also recommends that, where such commissions have been established, they should be associated with the preparation of reports and possibly included in government delegations in order to intensify the dialogue between the Committee and the State party concerned."},{"docId":"a-41-38","labels":["Women/girls"],"type":"gc","committee":"CEDAW","committees":["CEDAW"],"year":1986,"id":"a-41-38-0001","n":1,"idx":1,"text":"Initial reports submitted under article 18 of the Convention should cover the situation up to the date of submission. Thereafter, reports should be submitted at least every four years after the first report was due and should include obstacles encountered in implementing the Convention fully and the measures adopted to overcome such obstacles.","citedArticles":[{"treaty":"CEDAW","article":"18","source":"regex"}]},{"docId":"a-49-18","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1994,"id":"a-49-18-0001","n":0,"idx":1,"text":"The Committee on the Elimination of Racial Discrimination, Alarmed at the increasing number of racially and ethnically motivated massacres and atrocities occurring in different regions of the world, Convinced that the impunity of the perpetrators is a major factor contributing to the occurrence and recurrence of these crimes, Convinced of the need to establish, as quickly as possible, an international tribunal with general jurisdiction to prosecute genocide, crimes against humanity and grave breaches of the Geneva Conventions of 1949 and the Additional Protocols of 1977 thereto, Taking into account the work already done on this question by the International Law Commission and the encouragement given in this regard by the General Assembly in its resolution 48/31 of 9 December 1993, Also taking into account Security Council resolution 872 (1993) of 25 May 1993 establishing an international tribunal for the purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia","isPreamble":true},{"docId":"a-49-18","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1994,"id":"a-49-18-0002","n":1,"idx":2,"text":"1. Considers that an international tribunal with general jurisdiction should be established urgently to prosecute genocide, crimes against humanity, including murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecutions on political, racial and religious grounds and other inhumane acts directed against any civilian population, and grave breaches of the Geneva Conventions of 1949 and the Additional Protocols of 1977 thereto;"},{"docId":"a-49-18","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1994,"id":"a-49-18-0003","n":2,"idx":3,"text":"2. Urges the Secretary-General to bring the present recommendation to the attention of the competent organs and bodies of the United Nations, including the Security Council;"},{"docId":"a-49-18","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":1994,"id":"a-49-18-0004","n":3,"idx":4,"text":"3. Requests the High Commissioner for Human Rights to ensure that all relevant information pertaining to the crimes referred to in paragraph 1 is systematically collected by the Centre for Human Rights so that it can be readily available to the international tribunal as soon as it is established."},{"id":"cerd-c-gc-40-0001","docId":"cerd-c-gc-40","idx":1,"n":1,"text":"In 2001, participants in the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance adopted, by consensus, the Durban Declaration and Programme of Action, in which they acknowledged that “slavery and the slave trade, including the transatlantic slave trade, were appalling tragedies in the history of humanity not only because of their abhorrent barbarism but also in terms of their magnitude, organized nature and especially their negation of the essence of the victims”. They also acknowledged that “slavery and the slave trade are a crime against humanity and should always have been so, especially the transatlantic slave trade, and are among the major sources and manifestations of racism, racial discrimination, xenophobia and related intolerance”. They further acknowledged that Africans and people of African descent, Asians and people of Asian descent, and Indigenous Peoples were victims of those acts and continued to be affected by their consequences.","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0002","docId":"cerd-c-gc-40","idx":2,"n":2,"text":"The adoption of the Durban Declaration and Programme of Action marked a watershed moment in a movement for reparatory justice and redress shaped and led by people of African descent and their organizations.[[fn:1]] The movement had roots in the early wars of resistance by enslaved people and in the abolition movement in Europe, during which major campaigns spread throughout the Americas, Asia, the Caribbean, Africa and parts of Europe, eventually leading to the abolition of trafficking in enslaved Africans and emancipation.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":1,"text":"Leading advocates included the Reparations Commission of the Caribbean Community (CARICOM), the Movement for Reparations for Afrodescendants of Brazil and the African Union."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0003","docId":"cerd-c-gc-40","idx":3,"n":3,"text":"Over time, the unfulfilled promises of emancipation and, in some cases, independence led to heightened regional and civil society engagement in demands for reparatory justice. This gave impetus to influential voices and mechanisms within the United Nations to advance more robust calls for reparatory justice.[[fn:2]] This Committee has consistently invoked the ongoing relevance and urgency of implementing the Durban Declaration and Programme of Action.[[fn:3]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":2,"text":"See A/78/317, A/HRC/54/68, A/HRC/60/70, A/HRC/60/72 and A/HRC/60/77."},{"n":3,"text":"See general recommendation No. 33 (2009) on follow-up to the Durban Review Conference."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0004","docId":"cerd-c-gc-40","idx":4,"n":4,"text":"The present general recommendation, together with the International Convention on the Elimination of All Forms of Racial Discrimination, offers authoritative guidance and clarity on the legal basis for State responsibility to provide reparatory justice for harms resulting from both direct and indirect involvement in the trafficking of enslaved Africans and in chattel slavery.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0005","docId":"cerd-c-gc-40","idx":5,"n":5,"text":"Racialized chattel slavery was a racially based system involving the forced transatlantic transportation of Africans, their hereditary enslavement and their treatment as property for commercial exploitation. Colonialism was integral to this system, while racism and racial discrimination underpinned and sustained its institutions and practices.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0006","docId":"cerd-c-gc-40","idx":6,"n":6,"text":"The focus on chattel slavery in the present general recommendation does not exclude comparable systems, including those involving southern Africa and routes across the Sahara and the Indian Ocean, including Mauritius and other east coast islands of Africa. The terms “slave trade” and “slavery” are used in their historical and legal contexts, consistent with established international instruments[[fn:4]] that prohibit slavery, servitude and the slave trade in all their forms. These references align with States Parties’ obligations, reaffirmed in international instruments and subsequent frameworks, to abolish slavery and related practices in all their forms.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":4,"text":"Notably the Slavery Convention, the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery and the International Covenant on Civil and Political Rights."}],"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0007","docId":"cerd-c-gc-40","idx":7,"n":7,"text":"Consistent with its mandate to interpret and ensure implementation of the Convention, the Committee emphasizes that the elimination of racial discrimination cannot be effective, thorough or lasting without a full commitment to examining and redressing the harms and continuing consequences of the trafficking in enslaved Africans and racialized chattel slavery.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["I. Introduction"]},{"id":"cerd-c-gc-40-0008","docId":"cerd-c-gc-40","idx":8,"n":8,"text":"From the fifteenth to the nineteenth centuries, millions of Africans were forcibly captured and transported across the Atlantic and Indian Oceans for sale and enslavement as chattel. Historians and researchers differ in their assessments of the quantitative dimensions of trafficking in enslaved Africans, but the most recent estimates indicate that up to 15.4 million persons were uprooted, of whom only about 10.7 million survived the journey.[[fn:5]] Countless others perished as the result of murder, violence, exploitation, suicide or disease.[[fn:6]] This, the largest forced deportation in history, inflicted lasting harm on Africa, destabilizing societies, entrenching economic dependency, destroying cultures and causing immense loss. Over centuries, it reshaped both African and American societies through violence, exploitation, racism, colonialism, capitalism, resistance and rebellion.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":5,"text":"See https://www.slavevoyages.org/blog/the-transatlantic-slave-trade-database/166 and https://www.un.org/en/observances/decade-people-african-descent/slave-trade."},{"n":6,"text":"Many enslaved persons chose to jump ship rather than submit to slavery. Moreover, massacres have been documented. See, for example, the case of the slave ship Zong, the crew of which, in 1781, drowned over 100 captives (see https://www.britannica.com/event/Zong-massacre)."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0009","docId":"cerd-c-gc-40","idx":9,"n":9,"text":"Even before treaty law explicitly prohibited racialized transatlantic chattel slavery in the nineteenth century, the practice was already unlawful under several frameworks.[[fn:7]] While legal traditions vary in their approach to the passage of time and the handling of crimes or wrongs including transatlantic chattel slavery, many African legal and moral philosophies are guided by the distinct ethical premise that “a crime does not rot”.[[fn:8]] Within this framework, a crime does not become time-barred; therefore, no time limitation exists for the redressing of a wrong. Rather than viewing time as diminishing the significance of a violation, these traditions hold that time carries the wrong forward as a continuing present reality until there is reparation.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":7,"text":"Britta Redwood, “Illegal at inception: transatlantic chattel slavery, reparations, and international law”, Social Science Research Network, 26 August 2024."},{"n":8,"text":"The principle is commonly traced back to the Kouroukan Fouga (Manden Charter) of 1235 – the oral constitution of the Mali Empire."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0010","docId":"cerd-c-gc-40","idx":10,"n":10,"text":"While Portugal and Spain pioneered the transatlantic trafficking in enslaved Africans, Britain, France and the Netherlands, in contravention of their domestic norms, later imposed colonial slave codes that made chattel slavery permanent and hereditary. Unlike earlier forms of servitude, transatlantic chattel slavery targeted people by assumed race, promoted racial inferiority and treated human beings as property.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0011","docId":"cerd-c-gc-40","idx":11,"n":11,"text":"From its inception, the system also faced persistent objections from numerous African leaders, who used a variety of means to oppose transatlantic chattel slavery.[[fn:9]] Enslaved persons engaged in continuous escape strategies and day-to-day protests and even mounted armed rebellions.[[fn:10]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":9,"text":"World History Commons, “Excerpt of letter from Nzinga Mbemba to Portuguese King João III”; Sylviane A. Diouf, ed., Fighting the Slave Trade: West African Strategies (Woodbridge, Suffolk, Boydell and Brewer, 2017); and Adam Hochschild, King Leopold’s Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa (Boston, Massachusetts, Houghton Mifflin, 1999)."},{"n":10,"text":"Examples of resistance include the Maroon Wars (Jamaica), the Quilombo dos Palmares (Brazil) and the Stono Rebellion (South Carolina, United States of America)."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0012","docId":"cerd-c-gc-40","idx":12,"n":12,"text":"Colonial empires exported slavery to southern Africa, Mauritius and islands along the east coast of Africa. The transatlantic trafficking in Africans and chattel slavery were deeply connected to European colonial domination across Africa, the Americas, the Caribbean and Asia. The purported inferiority of Black people was systematically constructed and propagated through pseudoscientific research, legislation, public policy and institutional practices – including through the enforcement of “Black Codes” – to legitimize enslavement, exploitation and other forms of racial oppression.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0013","docId":"cerd-c-gc-40","idx":13,"n":13,"text":"Over at least four centuries, transatlantic chattel slavery became a vast, interdependent system involving State and non-State actors, including business enterprises, financial institutions and religious organizations. It began with the capture of Africans for sale and evolved into a global economy exploiting enslaved African labour for profit. Chattel slavery became an international illicit enterprise spanning precolonial societies, colonial powers and postcolonial settler colonies, all enriched by the labour of enslaved Africans in the “New World”. Supporting industries also thrived under colonial authority.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0014","docId":"cerd-c-gc-40","idx":14,"n":14,"text":"Independence in the “New World” did not always end chattel slavery. In some new States, slavery became even harsher and continued to enrich Europe and its successor settler colonies. As transatlantic trafficking in enslaved Africans grew in significance, it became financialized. Banks and insurance agencies, many of which still exist, gained prominence. They profited by financing voyages, insuring human cargo and managing debts tied to enslavement.[[fn:11]] Even after the adoption of treaties banning international trafficking in enslaved Africans,[[fn:12]] ships of slavers still arrived in the Americas and the Caribbean. Chattel slavery continued domestically, increasingly relying on forced procreation (“breeding”) to replenish labour as plantation conditions worsened and lifespans shortened.[[fn:13]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":11,"text":"Eric Williams, Capitalism and Slavery (Raleigh, University of North Carolina Press, 1944),pp. 98–107."},{"n":12,"text":"For example, the Slavery Convention; the Declaration of the Eight Courts relative to the universal abolition of the slave trade; the Treaty between Great Britain, Austria, France, Prussia, and Russia, for the Suppression of the African Slave Trade; and the Convention Revising the General Act of Berlin of 26 February 1885 and the General Act and Declaration of Brussels of 2 July 1890."},{"n":13,"text":"The broad scope of ownership rights claimed over enslaved persons led to uniquely harsh slavery practices that violated the general principles of law – and the domestic law of the relevant countries – at the time (Patricia Viseur Sellers and Jocelyn Getgen Kestenbaum, “The international crimes of slavery and the slave trade: a feminist critique”, in Gender and International Criminal Law, Indira Rosenthal and others, eds. (Oxford, Oxford University Press, 2022))."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0015","docId":"cerd-c-gc-40","idx":15,"n":15,"text":"After de jure slavery ended, many societies created new forms of exploitation to preserve racial hierarchies. Former enslavers were compensated in France,[[fn:14]] the United Kingdom[[fn:15]] and the United States of America[[fn:16]] for “lost property” after abolition. Haiti was forced to pay France after its revolution, while Brazil implemented policies of monetary compensation for former enslavers. Laws and practices kept formerly enslaved people in subordinate roles through indentureship, sharecropping, prison labour, segregation and the criminalization of “vagrancy” or “idleness”, often enforced through violence and police brutality.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":14,"text":"Thomas Piketty, A Brief History of Equality (Cambridge, Massachusetts, Harvard University Press, 2022)."},{"n":15,"text":"Michael Anson and Michael D. Bennett, “The collection of slavery compensation 1835–43”, Staff Working Paper No. 1006 (London, Bank of England, 2022)."},{"n":16,"text":"On 16 April 1862, the President of the United States, Abraham Lincoln, signed the District of Columbia Compensated Emancipation Act to provide compensation to owners of enslaved people for their “lost property” when slavery was abolished."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0016","docId":"cerd-c-gc-40","idx":16,"n":16,"text":"It is within these contexts that people of African descent have, for generations, sought reparatory justice and redress for trafficking in enslaved Africans and racialized chattel slavery. In some instances, Governments of former colonial powers have repeatedly denied or delayed these efforts, and courts have ruled that claims for reparatory justice are legally untenable. These denials and delays have left State obligations unaddressed. Some States have nevertheless taken steps towards reparatory justice, including through formal acknowledgements and apologies, commemorative and educational initiatives, research and dedicated funding, although such measures do not necessarily amount to full and effective reparatory justice.[[fn:17]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":17,"text":"For example, the Government of the Kingdom of the Netherlands formally apologized for the role of the State in slavery and established a €200 million fund for measures addressing the history and continuing legacy of slavery, including education, research, commemoration, cultural heritage and community-based initiatives. See Kingdom of the Netherlands, “The government’s plans for addressing slavery and its historical legacy”; and King Willem-Alexander, speech made at the commemoration of the role of the Netherlands in the history of slavery, 1 July 2023, available at https://www.royal-house.nl/documents/2023/07/01/speech-by-king-willem-alexander-at-the-commemoration-of-the-role-of-the-netherlands-in-the-history-of-slavery."}],"section":["II. Historical context"]},{"id":"cerd-c-gc-40-0017","docId":"cerd-c-gc-40","idx":17,"n":17,"text":"Trafficking in enslaved Africans and racialized chattel slavery inflicted grave and systematic harms, including kidnapping, forced labour, extreme violence and inherited lifetime bondage. These acts normalized practices that are still reflected in contemporary infringements of the security of person, liberty, equality before the law and the full range of civil, political, economic, social and cultural rights in violation of article 5 of the Convention. Their legacies continue to shape contemporary laws, policies and institutions. Contemporary manifestations include racial profiling and the disproportionate use of force by law enforcement officials; racial disparities in criminal justice systems; and discriminatory laws, policies and institutional practices affecting access to housing, education, employment and healthcare.[[fn:18]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":18,"text":"General recommendation No. 34 (2011), paras. 50–65; general recommendation No. 36 (2020) on preventing and combating racial profiling by law enforcement officials, paras. 20 and 26–30; general recommendation No. 37 (2024) on equality and freedom from racial discrimination in the enjoyment of the right to health, paras. 13 and 43; and A/HRC/47/53, paras. 9–15 and 24–30."}],"section":["III. Harms and continuing consequences inflicted on individuals and groups"],"citedArticles":[{"treaty":"CERD","article":"5","source":"grammar"}]},{"id":"cerd-c-gc-40-0018","docId":"cerd-c-gc-40","idx":18,"n":18,"text":"Sexual and reproductive violence was integral to slavery. Enslaved women, girls and men were subjected to rape and other forms of sexual abuse and exploitation. Women and girls were also subjected to reproductive violence, including forced pregnancy and coerced breeding, which caused irreversible harm and deprived them of their dignity, bodily integrity and reproductive autonomy. Forced procreation also functioned as a commercial practice designed to increase enslaved populations for labour and sale, particularly following the abolition of trafficking in enslaved Africans. These practices perpetuated racial and sexual stereotypes and produced continuing consequences leading to intersecting and multiple forms of discrimination and disparities in the enjoyment of sexual and reproductive health rights.[[fn:19]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":19,"text":"General recommendation No. 37 (2024), para. 43; CERD/C/GBR/CO/24-26, paras. 43 and 44; and CERD/C/USA/CO/10-12, paras. 35 and 36."}],"section":["III. Harms and continuing consequences inflicted on individuals and groups"]},{"id":"cerd-c-gc-40-0019","docId":"cerd-c-gc-40","idx":19,"n":19,"text":"Enslaved persons, including children, were denied legal personality and judicial protection and excluded from civic and political life. Laws such as the Black Codes institutionalized dehumanization, imposed harms to the dignity of the person and legitimized racial violence.","labels":["Children"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["III. Harms and continuing consequences inflicted on individuals and groups"]},{"id":"cerd-c-gc-40-0020","docId":"cerd-c-gc-40","idx":20,"n":20,"text":"The repealing of laws such as the Black Codes was not accompanied by positive measures dismantling racial hierarchies in practice. Post-slavery societies have continued to cause further harms to the dignity and material situations of people of African descent through exclusion from economic opportunities, political life and social mobility. Formerly enslaved persons were freed without compensation or support and were subjected to coercive labour regimes, vagrancy laws, racial terror and mass violence.[[fn:20]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":20,"text":"See, for the United States of America, Alex Albright and others, “After the burning: the economic effects of the 1921 Tulsa race massacre”, National Bureau of Economic Research Working Paper, No. 28985 (Cambridge, Massachusetts, July 2021); for Brazil, Brodwyn Fischer, A Poverty of Rights: Citizenship and Inequality in Twentieth-Century Rio de Janeiro (Stanford, California, Stanford University Press, 2008), Martine Jean, “‘Worthy of freedom’: abolitionist discourse on slavery, freedom, and imprisonment in late nineteenth-century Brazil”, Journal of Social History, vol. 52, No. 3 (2019) and Brodwyn Fischer, Keila Grinberg and Hebe Mattos, “Law, silence, and racialized inequalities in the history of Afro-Brazil”, in Afro-Latin American Studies: An Introduction, Alejandro de la Fuente and George Reid Andrews, eds. (Cambridge, United Kingdom of Great Britain and Northern Ireland, Cambridge University Press, 2018); and for Latin America more broadly, George Reid Andrews, Afro-Latin America, 1800–2000 (New York, Oxford University Press, 2004)."}],"section":["III. Harms and continuing consequences inflicted on individuals and groups"]},{"id":"cerd-c-gc-40-0021","docId":"cerd-c-gc-40","idx":21,"n":21,"text":"Anti-Black racism, created to sustain chattel slavery, has endured long after abolition. Its persistence – evident in discriminatory laws and unequal access to education, employment, housing and public services – continues to violate article 5 of the Convention and perpetuates structural inequality across generations.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["III. Harms and continuing consequences inflicted on individuals and groups"],"citedArticles":[{"treaty":"CERD","article":"5","source":"grammar"}]},{"id":"cerd-c-gc-40-0022","docId":"cerd-c-gc-40","idx":22,"n":22,"text":"Racial control mechanisms developed during chattel slavery remain embedded in contemporary institutions.[[fn:21]] Despite formal legal reforms, racialized violence, stereotyping and structural barriers continue to constrain, inter alia, educational attainment, economic mobility, health outcomes and environmental safety, producing enduring intergenerational disparities. The intergenerational psychosocial, health and economic harms rooted in enslavement have been reinforced by policies perpetuating anti-Black racism. These continuing violations informed the adoption of the Convention in 1965.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":21,"text":"Lukas Althoff and Hugo Reichardt, “Jim Crow and black economic progress after slavery”, The Quarterly Journal of Economics, vol. 139, No. 4 (November 2024)."}],"section":["III. Harms and continuing consequences inflicted on individuals and groups"]},{"id":"cerd-c-gc-40-0023","docId":"cerd-c-gc-40","idx":23,"n":23,"text":"Transatlantic chattel slavery also distorted global economic relations by distributing unjustly accumulated wealth across societies and borders, creating shared responsibility for its enduring effects. Centuries of stolen labour generated vast wealth that compounded over generations, producing extreme material inequality between those who benefited from chattel slavery and those who were harmed by it.[[fn:22]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":22,"text":"Joseph E. Inikori, Africans and the Industrial Revolution in England: A Study in International Trade and Economic Development (Cambridge, United Kingdom of Great Britain and Northern Ireland, Cambridge University Press, 2002); and Stephan Heblich, Stephen J. Redding and Hans-Joachim Voth, “Slavery and the British industrial revolution”, National Bureau of Economic Research Working Paper, No. 30451 (Cambridge, Massachusetts, 2023)."}],"section":["III. Harms and continuing consequences inflicted on individuals and groups"]},{"id":"cerd-c-gc-40-0024","docId":"cerd-c-gc-40","idx":24,"n":24,"text":"Racism and racial discrimination are rooted in colonialism, transatlantic chattel slavery, and the tools used to justify and maintain the exploitation of colonized peoples and enslaved Africans. Colonial systems established strict racial hierarchies, through which colonized peoples and Africans subjected to transatlantic chattel slavery were systematically exploited, as a means of rationalizing economic exploitation, resource theft and violence as a “civilizing mission”. These historical practices have had continuous effects and have directly contributed to contemporary systematic racial discrimination. The prohibition of racial discrimination is recognized as a peremptory norm of international law (jus cogens), giving rise to erga omnes obligations,[[fn:23]] reinforcing obligations to prevent, eliminate and remedy racial discrimination.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":23,"text":"A/CN.4/727, para. 102."}],"section":["IV. Normative framework"]},{"id":"cerd-c-gc-40-0025","docId":"cerd-c-gc-40","idx":25,"n":25,"text":"Under article 2 of the Convention, States Parties are required to eliminate racial discrimination in all its forms, to refrain from racial discrimination and to address de facto racial inequalities. Where the legacies and continuing consequences of the trafficking in enslaved Africans and racialized chattel slavery contribute to present-day racial discrimination or inequality, States Parties are required to acknowledge and address them through appropriate legislative, policy, special and remedial measures.[[fn:24]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":24,"text":"Articles on responsibility of States for internationally wrongful acts, art. 31 (Yearbook of the International Law Commission, 2001, vol. II (Part Two) and corrigendum, paras. 76 and 77)."}],"section":["IV. Normative framework"],"citedArticles":[{"treaty":"CERD","article":"2","source":"grammar"}]},{"id":"cerd-c-gc-40-0026","docId":"cerd-c-gc-40","idx":26,"n":26,"text":"Article 6 obliges States Parties to assure to everyone within their jurisdiction effective protection and remedies, including the right to seek just and adequate reparation or satisfaction for any damage suffered as a result of discrimination. In this context, the trafficking in enslaved Africans constitutes historical racialized injustices whose enduring consequences remain relevant to the implementation of the Convention. Where those consequences are manifested in continuing or contemporary racial discrimination, States Parties have the obligation under articles 2 and 6 of the Convention to address such violations and to provide reparatory justice – such as restitution, compensation and guarantees of non-repetition.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"CERD","article":"2","source":"grammar"},{"treaty":"CERD","article":"6","source":"grammar"}]},{"id":"cerd-c-gc-40-0027","docId":"cerd-c-gc-40","idx":27,"n":27,"text":"States that engaged in trafficking in enslaved Africans and racialized chattel slavery, however, have asserted that the practice was not unlawful prior to the nineteenth century, when treaties emerged that explicitly made those practices unlawful.[[fn:25]] Claims for reparatory justice based on actions during that period, they assert, must be barred by the principle of intertemporality, requiring that, for an act to be considered wrongful, a State must violate an international obligation in existence at the time of the breach.[[fn:26]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":25,"text":"For example, the Declaration of the Eight Courts relative to the universal abolition of the slave trade; the Treaty between Great Britain, Austria, France, Prussia, and Russia, for the Suppression of the African Slave Trade; and the Convention Revising the General Act of Berlin and the General Act and Declaration of Brussels."},{"n":26,"text":"“An act of a State does not constitute a breach of an international obligation unless the State is bound by the obligation in question at the time the act occurs.” (Articles on responsibility of States for internationally wrongful acts, art. 13)."}],"section":["IV. Normative framework"]},{"id":"cerd-c-gc-40-0028","docId":"cerd-c-gc-40","idx":28,"n":28,"text":"Under the intertemporality principle, the characterization of an act as internationally wrongful is governed by the international obligations binding on the State at the time the act occurred.[[fn:27]] This principle does not, however, preclude responsibility for conduct that continues after the relevant obligation has entered into force. In accordance with articles 14 and 15 of the articles on responsibility of States for internationally wrongful acts, a breach having a continuing character extends over the entire period during which the act continues and remains not in conformity with the international obligation, while a breach consisting of a composite act extends over the entire period starting with the first of the actions or omissions of the series and continues for as long as those actions or omissions are repeated.[[fn:28]] The continuing effects of a completed historical act do not, without more, constitute a continuing breach.[[fn:29]] Nevertheless, irrespective of the legal characterization of the original historical acts, States Parties remain bound by their present obligations under the Convention (arts. 2 and 6) to eliminate contemporary forms of racial discrimination and address structural inequalities and other continuing consequences linked to colonialism, the trafficking in enslaved Africans and racialized chattel slavery.[[fn:30]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":27,"text":"Articles on responsibility of States for internationally wrongful acts, art. 13, and paras. 1–5 of the commentary thereto."},{"n":28,"text":"Ibid., arts. 14 and 15, and the commentaries thereto. See also Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, I.C.J. Reports 1971, p. 16."},{"n":29,"text":"Articles on responsibility of States for internationally wrongful acts, para. 6 of the commentary to art. 14."},{"n":30,"text":"See also general recommendation No. 34 (2011), paras. 17–20."}],"section":["IV. Normative framework"],"citedArticles":[{"treaty":"?","article":"14","source":"opus","confidence":"high","rationale":"articles on responsibility of States for internationally wrongful acts (A/RES/56/83), not the Convention"},{"treaty":"?","article":"15","source":"opus","confidence":"high","rationale":"articles on responsibility of States for internationally wrongful acts (A/RES/56/83), not the Convention"},{"treaty":"CERD","article":"2","source":"grammar"},{"treaty":"CERD","article":"6","source":"grammar"}]},{"id":"cerd-c-gc-40-0029","docId":"cerd-c-gc-40","idx":29,"n":29,"text":"International law recognizes exceptions to the strict application of the intertemporality principle, particularly in the context of serious violations such as racial discrimination and slavery.[[fn:31]] International tribunals and human rights bodies have also recognized that the intertemporality principle is not absolute. Its application is subject to exceptions where strict adherence would undermine access to justice or perpetuate ongoing violations. The Committee emphasizes that States Parties must address the structural and lasting consequences of racial discrimination, regardless of the legal status of such acts at the time that they were committed.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":31,"text":"The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance has acknowledged these evolving legal standards and underscored that doctrines such as intertemporality should not be misapplied to shield States from responsibility for continuing violations. She has highlighted that “the pursuit and achievement of reparations for slavery and colonialism require a genuine ‘decolonization’ of the doctrines of international law that remain barriers to reparations” (A/74/321, para. 10; see also para. 32)."}],"section":["IV. Normative framework"]},{"id":"cerd-c-gc-40-0030","docId":"cerd-c-gc-40","idx":30,"n":30,"text":"The evolution of international legal norms, including the recognition of peremptory norms (jus cogens), has also resulted in the prohibition of racial discrimination and slavery. As such, even if certain practices were not explicitly prohibited by treaty at the time, general principles of law, customary international law and the later crystallization of jus cogens norms render such defence insufficient. By recognizing the persistence of systemic racism and its roots in historical slavery, the Committee considers that States Parties should take action today, including by adopting appropriate reparatory measures, regardless of the legal framework applicable at the time of the historical acts.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework"]},{"id":"cerd-c-gc-40-0031","docId":"cerd-c-gc-40","idx":31,"n":31,"text":"The right of individuals and groups[[fn:32]] to seek remedies and reparations for racial discrimination is firmly established under the Convention, notably in articles 2, 5, 6 and 14, which require States Parties to provide effective protection and remedies against acts of racial discrimination. This right is reinforced by other human rights treaties, such as the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as by the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, which reflect customary international law. These instruments obligate States to ensure restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition for victims of racial discrimination, addressing both individual and collective harms. The recognition of these rights under both treaty law and customary international law underscores the international community’s consensus that victims must have access to effective remedies and reparatory justice, as reflected in the jurisprudence of human rights bodies and courts.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":32,"text":"The legitimacy of collective remedies has been recognized by the Inter-American Court of Human Rights and the International Criminal Court in the light of the complexity of harms associated with wrongdoing, particularly with respect to widespread abuses perpetrated on a distinct group. In many such cases, collective reparations have been awarded in response to collective harms, even where the wrongdoing does not, in itself, constitute a breach of collective rights. The cultural bonds or collective experience of victims – as distinguished from the specific right breached – may justify collective awards (Inter-American Court of Human Rights, Case of the Moiwana Community v. Suriname, Judgment, 15 June 2005; Inter-American Court of Human Rights, Case of the Afro-descendant Communities Displaced from the Cacarica River Basin (Operation Genesis) v. Colombia, Judgment, 20 November 2013; and International Criminal Court, The Prosecutor v. Thomas Lubanga Dyilo, Decision, 7 August 2012)."}],"section":["IV. Normative framework","A. Right of individuals and groups to a remedy and reparatory justice"],"citedArticles":[{"treaty":"CERD","article":"2","source":"grammar"},{"treaty":"CERD","article":"5","source":"grammar"},{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"CERD","article":"14","source":"grammar"}]},{"id":"cerd-c-gc-40-0032","docId":"cerd-c-gc-40","idx":32,"n":32,"text":"The Convention requires States Parties to implement special measures that address both de jure and de facto racial discrimination and inequality and to provide effective remedies and reparations for violations of the Convention. While the Convention does not explicitly address reparatory justice for historical injustices, interpretations of its provisions repeatedly underscore the need to address effectively the legacies thereof, which continue to disadvantage people of African descent today.[[fn:33]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":33,"text":"General recommendation No. 34 (2011), para. 17."}],"section":["IV. Normative framework","A. Right of individuals and groups to a remedy and reparatory justice"]},{"id":"cerd-c-gc-40-0033","docId":"cerd-c-gc-40","idx":33,"n":33,"text":"Article 2 of the Convention recognizes that racial discrimination affects both individuals and groups, and that measures aimed at eliminating it, including reparatory measures, should protect and benefit both.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","A. Right of individuals and groups to a remedy and reparatory justice"],"citedArticles":[{"treaty":"CERD","article":"2","source":"grammar"}]},{"id":"cerd-c-gc-40-0034","docId":"cerd-c-gc-40","idx":34,"n":34,"text":"In this regard, the Committee recommends that structural measures be implemented as a matter of policy, thereby recognizing collective harms, even when harms to a specific individual have not been established.[[fn:34]] Article 6 guarantees that individuals and groups subjected to racial discrimination have the right to effective protection, remedies and just reparations through the competent national institutions. It obligates States Parties to provide accessible legal avenues for victims to seek redress, including compensation, restitution and other forms of satisfaction. Moreover, article 14 establishes a procedure that enables individuals and groups to bring complaints before the Committee if domestic remedies are insufficient, ensuring comprehensive protection and accountability.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":34,"text":"CERD/C/CUB/CO/19-21, paras. 17 and 18; and CERD/C/NLD/CO/22-24, para. 28."}],"section":["IV. Normative framework","A. Right of individuals and groups to a remedy and reparatory justice"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"CERD","article":"14","source":"grammar"}]},{"id":"cerd-c-gc-40-0035","docId":"cerd-c-gc-40","idx":35,"n":35,"text":"All forms of remedy and reparatory justice must be gender-responsive and transformative. They should recognize and address the distinct and intersecting harms experienced by women, men and persons with diverse gender identities, and the differential continuing consequences of such harms. Reparatory measures should be designed and implemented with the effective participation of those affected and should aim to address and transform the underlying structural inequalities and intersecting forms of discrimination that enable, perpetuate or exacerbate racial and gender discrimination.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","A. Right of individuals and groups to a remedy and reparatory justice"]},{"id":"cerd-c-gc-40-0036","docId":"cerd-c-gc-40","idx":36,"n":36,"text":"Article 2 of the Convention imposes broad and immediate obligations on States Parties to pursue, by all appropriate means and without delay, policies that eliminate racial discrimination in all its forms and promote understanding among all races. The article is action-oriented and multifaceted, serving as the fundamental statement of States Parties’ duties to implement the Convention and advance its goals.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","B. Special measures and reparatory justice for the legacies, harms and continuing consequences inflicted by transatlantic trafficking in enslaved Africans and racialized chattel slavery"],"citedArticles":[{"treaty":"CERD","article":"2","source":"grammar"}]},{"id":"cerd-c-gc-40-0037","docId":"cerd-c-gc-40","idx":37,"n":37,"text":"In its general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, the Committee underscored that the Convention was grounded in the principles of dignity and equality – encompassing both formal and substantive equality (para. 6). The Committee recognized that disparities requiring special measures often arose from historical circumstances that continued to deprive vulnerable groups of essential advantages needed for the full development of the human personality.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","B. Special measures and reparatory justice for the legacies, harms and continuing consequences inflicted by transatlantic trafficking in enslaved Africans and racialized chattel slavery"]},{"id":"cerd-c-gc-40-0038","docId":"cerd-c-gc-40","idx":38,"n":38,"text":"Article 2 (2) of the Convention affirms that States Parties must, when circumstances warrant, adopt special and concrete measures across social, economic, cultural and other fields to ensure the adequate development and protection of racial groups. These measures are essential to guarantee the full and equal enjoyment of human rights and fundamental freedoms. Reparatory justice programmes – including financial compensation, educational initiatives and institutional reforms – are explicitly supported within this framework. Such programmes are vital for dismantling entrenched inequalities and the harms rooted in chattel slavery and colonialism, and for advancing justice. In paragraph 7 of its general recommendation No. 34 (2011) on racial discrimination against people of African descent, the Committee observed that overcoming the structural discrimination affecting people of African descent called for the urgent adoption of special measures (affirmative action), as established in the Convention (arts. 1 (4) and 2 (2)).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","B. Special measures and reparatory justice for the legacies, harms and continuing consequences inflicted by transatlantic trafficking in enslaved Africans and racialized chattel slavery"],"citedArticles":[{"treaty":"CERD","article":"2","paragraph":"2","source":"grammar"},{"treaty":"CERD","article":"1","paragraph":"4","source":"grammar"},{"treaty":"CERD","article":"2","paragraph":"2","source":"grammar"}]},{"id":"cerd-c-gc-40-0039","docId":"cerd-c-gc-40","idx":39,"n":39,"text":"Article 2 is closely tied to obligations provided under other provisions. Article 5 requires States Parties to provide for equality in the exercise of civil, political, economic, social and cultural rights. While this list is extensive, it is not exhaustive. Article 1 requires that equality be guaranteed in “any other field of public life”. Article 3 obligates States Parties to prevent, prohibit and eradicate racial segregation and apartheid. Article 4 requires States Parties to condemn and criminalize racist hate speech and the dissemination of theories of racial superiority.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","B. Special measures and reparatory justice for the legacies, harms and continuing consequences inflicted by transatlantic trafficking in enslaved Africans and racialized chattel slavery"],"citedArticles":[{"treaty":"CERD","article":"2","source":"grammar"},{"treaty":"CERD","article":"5","source":"grammar"},{"treaty":"CERD","article":"1","source":"grammar"},{"treaty":"CERD","article":"3","source":"grammar"},{"treaty":"CERD","article":"4","source":"grammar"}]},{"id":"cerd-c-gc-40-0040","docId":"cerd-c-gc-40","idx":40,"n":40,"text":"Special measures must be informed by sensitivity to historical harms. States Parties should effectively acknowledge, in their policies and actions, the enduring negative effects of colonialism, the trafficking in enslaved Africans and racialized chattel slavery.[[fn:35]] The Committee has recognized that the need for special measures is often historically rooted.[[fn:36]] Where persistent inequalities stem from historical injustices, special measures and other appropriate reparatory measures can contribute to addressing those inequalities, including through the redistribution of resources and social capital, thereby fostering substantive equality and advancing reparatory justice.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":35,"text":"General recommendation No. 34 (2011), para. 17."},{"n":36,"text":"General recommendations No. 32 (2009), para. 22; and No. 34 (2011), paras. 18 and 20."}],"section":["IV. Normative framework","B. Special measures and reparatory justice for the legacies, harms and continuing consequences inflicted by transatlantic trafficking in enslaved Africans and racialized chattel slavery"]},{"id":"cerd-c-gc-40-0041","docId":"cerd-c-gc-40","idx":41,"n":41,"text":"Article 6 of the Convention requires States Parties to provide effective protection and remedies, through the competent tribunals and institutions, for any acts of racial discrimination and the related right to seek adequate reparation or satisfaction for any damage suffered as a result of such discrimination. This provision echoes language in other human rights instruments, such as article 8 of the Universal Declaration of Human Rights. Article 6 of the Convention articulates both procedural and substantive standards.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","C. Effective protection and remedies and the right to seek just and adequate reparation for acts of racial discrimination linked to the continuing consequences of historical injustices"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"?","article":"8","rationale":"grammar: UDHR","source":"grammar"},{"treaty":"CERD","article":"6","source":"grammar"}]},{"id":"cerd-c-gc-40-0042","docId":"cerd-c-gc-40","idx":42,"n":42,"text":"The Committee has interpreted article 6 to anticipate just reparations for harms to the dignity of the person. In its general recommendation No. 26 (2000) on article 6 of the Convention, the Committee observed that “the degree to which acts of racial discrimination and racial insults damage the injured party’s perception of his/her own worth and reputation is often underestimated” (para. 1). In the same general recommendation, the Committee clarifies that the right to seek just and adequate reparation or satisfaction should include awarding compensation for damage, material or moral, suffered by a victim (para. 2).","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","C. Effective protection and remedies and the right to seek just and adequate reparation for acts of racial discrimination linked to the continuing consequences of historical injustices"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"CERD","article":"6","source":"grammar"}]},{"id":"cerd-c-gc-40-0043","docId":"cerd-c-gc-40","idx":43,"n":43,"text":"Dignity is not just a matter of being treated well or poorly: it is a matter of how people are treated in the light of the attitudes that prevail in their communities, including their own attitudes about their worth, standing or esteem relative to others and relative to the community as a whole.[[fn:37]] Notions of inherent racial status, especially racialized notions of supremacy and inferiority, undermine the ability of all persons to be treated with dignity and, indeed, sometimes even to perceive themselves as worthy of dignity. As part of the right to effective remedies, reparatory justice should aim to restore dignity by addressing the harms arising from the historical injustices, and counter racialized notions of superiority and inferiority.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":37,"text":"Robert Mark Simpson, “Dignity, harm, and hate speech”, Law and Philosophy, vol. 32, No. 6 (November 2013)."}],"section":["IV. Normative framework","C. Effective protection and remedies and the right to seek just and adequate reparation for acts of racial discrimination linked to the continuing consequences of historical injustices"]},{"id":"cerd-c-gc-40-0044","docId":"cerd-c-gc-40","idx":44,"n":44,"text":"The Committee has spoken in explicit terms about reparatory justice for colonialism, trafficking in enslaved Africans and transatlantic chattel slavery, recommending that States Parties undertake measures of restitution, compensation and satisfaction and make efforts to address the xenophobia and racism that remain enduring legacies of the past wrongs.[[fn:38]] It has recommended that State Parties integrate this history into school curricula and has called for formal apologies, the adoption of specific measures to address the lasting consequences of colonialism and transatlantic slavery and the repatriation of colonial objects, artefacts and human remains of ancestors. In addition, the Committee has highlighted the importance of dialogue between States Parties and people of African descent on the historical and continuing consequences of slavery and colonialism at the individual, community and societal levels.[[fn:39]]","labels":["Migrants","Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":38,"text":"For example, CERD/C/SWE/CO/24-25, paras. 46 and 47."},{"n":39,"text":"See CERD/C/MUS/CO/24-25, CERD/C/GBR/CO/24-26, CERD/C/DEU/CO/23-26 and CERD/C/ESP/CO/21-23."}],"section":["IV. Normative framework","C. Effective protection and remedies and the right to seek just and adequate reparation for acts of racial discrimination linked to the continuing consequences of historical injustices"]},{"id":"cerd-c-gc-40-0045","docId":"cerd-c-gc-40","idx":45,"n":45,"text":"Article 7 requires States Parties to take educational measures promoting knowledge of the history, culture and traditions of racial and ethnic groups, including people of African descent. The Committee emphasizes that balanced, objective historical accounts and public remembrance events are vital for inter-ethnic understanding.[[fn:40]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":40,"text":"General recommendation No. 35 (2013), paras. 30 and 35."}],"section":["IV. Normative framework","D. Education to combat the persistence of discriminatory attitudes and to promote durable inter-ethnic understanding"],"citedArticles":[{"treaty":"CERD","article":"7","source":"grammar"}]},{"id":"cerd-c-gc-40-0046","docId":"cerd-c-gc-40","idx":46,"n":46,"text":"Teaching about historical harms reveals the enduring nature of structural inequalities. The Committee, in its general recommendation No. 35 (2013) on combating racist hate speech, links inter-ethnic understanding to recognizing that current inequalities have historical and political roots. This awareness, if shared by both majority groups and people of African descent, is essential to addressing inequality and exclusion.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","D. Education to combat the persistence of discriminatory attitudes and to promote durable inter-ethnic understanding"]},{"id":"cerd-c-gc-40-0047","docId":"cerd-c-gc-40","idx":47,"n":47,"text":"The educational obligations in article 7 align with the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, which define satisfaction in reparations as including accurate accounts of violations in educational materials at all levels.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","D. Education to combat the persistence of discriminatory attitudes and to promote durable inter-ethnic understanding"],"citedArticles":[{"treaty":"CERD","article":"7","source":"grammar"}]},{"id":"cerd-c-gc-40-0048","docId":"cerd-c-gc-40","idx":48,"n":48,"text":"Victims’ voices must guide factual reconstructions of history through open, transparent and participatory review of archives. This process builds public trust and counters denialism. The goal is for victims and society to understand and accept the past, easing tensions and enabling peaceful coexistence.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["IV. Normative framework","D. Education to combat the persistence of discriminatory attitudes and to promote durable inter-ethnic understanding"]},{"id":"cerd-c-gc-40-0049","docId":"cerd-c-gc-40","idx":49,"n":49,"text":"Articles 6 and 7 require States Parties to enact public policies supporting truth-telling and memorialization and to educate citizens about historical racial injustices. The Committee has repeatedly called for the history and legacies of slavery and colonialism to be taught, and for affected groups to contribute in schools and public discourse.[[fn:41]] Such measures should be consistent with the requirements of the Convention and of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":41,"text":"See CERD/C/NLD/CO/19-21, CERD/C/ESP/CO/21-23, CERD/C/GBR/CO/24-26, CERD/C/IRL/CO/5-9, CERD/C/NLD/CO/22-24, CERD/C/LUX/CO/18-20, CERD/C/BEN/CO/1-9, CERD/C/USA/CO/10-12, CERD/C/FRA/CO/22-23, CERD/C/ITA/CO/21, CERD/C/SEN/CO/19-23, CERD/C/MAR/CO/19-21, CERD/C/DEU/CO/23-26, CERD/C/PRT/CO/18-19, CERD/C/BRA/CO/18-20, CERD/C/ARG/CO/24-26, CERD/C/URY/CO/24-26 and CERD/C/KEN/CO/8-9."}],"section":["IV. Normative framework","D. Education to combat the persistence of discriminatory attitudes and to promote durable inter-ethnic understanding"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"},{"treaty":"CERD","article":"7","source":"grammar"}]},{"id":"cerd-c-gc-40-0050","docId":"cerd-c-gc-40","idx":50,"n":50,"text":"As analysed in section IV above, transatlantic chattel slavery constitutes historical wrongs whose effects continue to disadvantage people of African descent today.[[fn:42]] The passage of time and questions concerning the temporal application of particular international legal instruments should not be understood as preventing States from recognizing these historical injustices or adopting appropriate measures of reparatory justice and accountability for those crimes.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":42,"text":"General recommendation No. 34 (2011), para. 17."}],"section":["V. Obligations of States Parties and recommendations"]},{"id":"cerd-c-gc-40-0051","docId":"cerd-c-gc-40","idx":51,"n":51,"text":"The Committee recognizes that responsibility for chattel slavery does not exist only in its primary form. While some States bear direct responsibility for trafficking in enslaved Africans and racialized transatlantic chattel slavery, others may have benefited from, facilitated or contributed to sustaining the global economic and racial structures that emerged from these systems. At the same time, there are some States that neither engaged in nor benefited from these practices. Notwithstanding this distinction, all States have a responsibility to support reparatory justice for the legacies of these historical injustices, given their enduring global impacts. The legacies of slavery remain embedded in economic, social and institutional structures worldwide, perpetuating racialized inequalities and discrimination.[[fn:43]] The pervasive benefits accrued by many States – through participation in global trade networks, colonial economies and the international financial system – extend far beyond the borders of former slaveholding nations. Reparatory justice is about direct historical responsibility and a shared ethical and international commitment to address the continuing harms, dismantle structural racism and promote equality. International cooperation, solidarity and support for reforms and education on the legacies of chattel slavery and their links with contemporary forms of racial discrimination are essential for remedying the consequences of this grave injustice and fulfilling obligations under international human rights law.[[fn:44]]","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":43,"text":"A/HRC/42/59, paras. 27–32."},{"n":44,"text":"See General Assembly resolution 69/16 and the programme of activities for the implementation of the International Decade for People of African Descent annexed thereto, and Inter-American Commission on Human Rights, The Situation of People of African Descent in the Americas (2011)."}],"section":["V. Obligations of States Parties and recommendations"]},{"id":"cerd-c-gc-40-0052","docId":"cerd-c-gc-40","idx":52,"n":52,"text":"States Parties must implement comprehensive reparatory measures for people of African descent, covering all aspects of remedies.[[fn:45]] Reparatory justice should be comprehensive and grounded in international human rights law, combining a wide range of measures conceived as monetary, non-monetary and structural. States Parties must implement those measures through laws and policies, ensuring independent monitoring and evaluation. Reparatory justice must be aimed at dismantling the race-based hierarchical domination and subjugation within and across all institutions. The structural changes should be transformative in generating societies that meet the standards of equality required in articles 1 to 7 of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":45,"text":"See CERD/C/VAT/CO/16-23, CERD/C/PRT/CO/18-19, CERD/C/GBR/CO/24-26, CERD/C/BRA/CO/18-20, CERD/C/DEU/CO/23-26, CERD/C/ARG/CO/24-26 and CERD/C/URY/CO/24-26. Satisfaction to people of African descent can include the right to investigation and truth, public judgments and acknowledgements, apologies, acceptances of responsibility and public commemorations, including memorials and dedications of public spaces."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice"],"citedArticles":[{"treaty":"CERD","article":"1","source":"grammar"},{"treaty":"CERD","article":"7","source":"grammar"}]},{"id":"cerd-c-gc-40-0053","docId":"cerd-c-gc-40","idx":53,"n":53,"text":"Transformative reparatory justice must address past harms and their ongoing impact, using an intersectional and intergenerational approach. Gender sensitivity is essential and should be achieved through legislative, institutional and policy reforms.[[fn:46]] Reparatory justice should match the scale and duration of the harm caused by States’ failures.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":46,"text":"A/HRC/60/70, para. 69; and conference room paper on the promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers, paras. 294 and 303. Available at https://www.ohchr.org/sites/default/files/Documents/Issues/Racism/A_HRC_47_CRP_1.pdf."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice"]},{"id":"cerd-c-gc-40-0054","docId":"cerd-c-gc-40","idx":54,"n":54,"text":"Nationwide structures must ensure equal redress for people of African descent. Plans should recognize that truth, justice and reparatory justice for transatlantic chattel slavery and its legacies promote non-recurrence and benefit society as a whole.[[fn:47]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":47,"text":"Conference room paper on the promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers, para. 296."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice"]},{"id":"cerd-c-gc-40-0055","docId":"cerd-c-gc-40","idx":55,"n":55,"text":"States Parties must guarantee the meaningful, inclusive, safe, culturally appropriate and gender-sensitive participation of affected communities in the design of reparatory justice measures addressing the enduring inequalities resulting from trafficking in enslaved Africans and transatlantic chattel slavery.[[fn:48]] These measures must include participatory monitoring and implementation.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":48,"text":"See A/78/317 and A/HRC/60/70. See also Office of the United Nations High Commissioner for Human Rights (OHCHR), “How to effectively implement the right to participate in public affairs: a spotlight on people of African descent” (Geneva, 2023)."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","1. Ensuring the full and effective participation of people of African descent in designing and implementing reparatory justice"]},{"id":"cerd-c-gc-40-0056","docId":"cerd-c-gc-40","idx":56,"n":56,"text":"Participatory processes must be State-funded and led by people of African descent under an inclusive representation model.[[fn:49]] They should be iterative and constructive and should involve policymakers, ensuring that processes meet current and future needs. A safe environment for human rights defenders is essential, with risk assessments and protection measures put in place. Intersectional approaches – considering race, gender and disabilities – enhance protection.","labels":["Persons with disabilities"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":49,"text":"See, as a basis, Committee on the Elimination of Discrimination against Women, general recommendation No. 40 (2024) on the equal and inclusive representation of women in decision-making systems."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","1. Ensuring the full and effective participation of people of African descent in designing and implementing reparatory justice"]},{"id":"cerd-c-gc-40-0057","docId":"cerd-c-gc-40","idx":57,"n":57,"text":"States Parties must ensure that reparatory justice includes measures to increase the representation of people of African descent at all levels in institutions and policymaking as a guarantee of non-repetition.[[fn:50]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":50,"text":"CERD/C/NIC/CO/15-21, para. 31; CERD/C/NLD/CO/19-21, para. 16 (a); CERD/C/ESP/CO/21-23, para. 30 (a); CERD/C/MRT/CO/8-14, para. 12 (b); CERD/C/MEX/CO/18-21, para. 17 (a); CERD/C/GTM/CO/16-17, para. 30; CERD/C/COL/CO/17-19, para. 17 (e); CERD/C/NLD/CO/22-24, para. 28; CERD/C/BRA/CO/18-20, para. 60; CERD/C/PRT/CO/18-19, para. 30 (a); CERD/C/ARG/CO/24-26, para. 21 (b); and CERD/C/IRQ/CO/26-27, para. 23."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","1. Ensuring the full and effective participation of people of African descent in designing and implementing reparatory justice"]},{"id":"cerd-c-gc-40-0058","docId":"cerd-c-gc-40","idx":58,"n":58,"text":"Pursuant to the object and purpose of the Convention, States Parties are required to investigate and disclose the full truth about transatlantic chattel slavery. Victims have a right to know the truth,[[fn:51]] which is tied to the right to remedy, including effective investigation, fact verification and public disclosure. The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law mandate fact verification and full public disclosure (para. 22 (b)). States Parties should see this duty as part of the right to information and of their obligations under the Convention to educate against prejudice and combat hate speech and racism.","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":51,"text":"See Human Rights Commission resolution 2005/66."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","2. Guaranteeing full public disclosure of the truth about trafficking in enslaved Africans and racialized chattel slavery, its harms and continuing consequences"]},{"id":"cerd-c-gc-40-0059","docId":"cerd-c-gc-40","idx":59,"n":59,"text":"States Parties who were involved in transatlantic chattel slavery must promptly release all information needed to reconstruct the full historical record, including details on events, responsible individuals and institutions, beneficiaries and victims. They must preserve and guarantee full, free and effective access to archives and records relating to human rights and humanitarian law violations, including records concerning violations committed against enslaved persons, with a view to ensuring the right to truth. States Parties should support and fund efforts to create an unbiased account of transatlantic chattel slavery and its lasting effects on Africans and their descendants.[[fn:52]]","labels":["Persons affected by armed conflict"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":52,"text":"Conference room paper on the promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers, para. 299. See also https://www.unesco.org/en/routes-enslaved-peoples."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","2. Guaranteeing full public disclosure of the truth about trafficking in enslaved Africans and racialized chattel slavery, its harms and continuing consequences"]},{"id":"cerd-c-gc-40-0060","docId":"cerd-c-gc-40","idx":60,"n":60,"text":"States Parties should establish independent commissions to investigate and establish the truth,[[fn:53]] ensuring that the commissions’ composition includes people of African descent and adheres to gender parity and that their mandates and working methods integrate a strong gender perspective.[[fn:54]] Such commissions should have the authority to compel testimony and disclosure from both public and private actors that are apt to satisfy the rights to truth, justice, reparation and non-recurrence. They must ensure a comprehensive historical record beyond State-held archives, which is key to public trust in the truth-seeking process. They also must receive funding that is commensurate to the mandate that they have to implement and be designed and implemented with the involvement of civil society.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":53,"text":"CERD/C/DOM/CO/13-14, para. 9; CERD/C/MUS/CO/15-19, para. 8; and CERD/C/MUS/CO/20-23, paras. 16 and 17."},{"n":54,"text":"OHCHR, Integrating a Gender Perspective into Human Rights Investigations: Guidance and Practice (New York and Geneva, 2018). See also A/75/174."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","2. Guaranteeing full public disclosure of the truth about trafficking in enslaved Africans and racialized chattel slavery, its harms and continuing consequences"]},{"id":"cerd-c-gc-40-0061","docId":"cerd-c-gc-40","idx":61,"n":61,"text":"Pursuant to articles 1, 2 (2) and 5 of the Convention, States Parties must take special measures to eliminate structural racism and inequalities resulting from transatlantic chattel slavery. States Parties should effectively acknowledge in their policies and actions the negative effects of the wrongs occasioned on people of African descent in the past.[[fn:55]] Denying effective reparatory justice is itself a distinct form of racial discrimination and violates article 2 (2) of the Convention.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":55,"text":"General recommendation No. 34 (2011), para. 17."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","3. Addressing material and social inequalities stemming from the legacies of transatlantic chattel slavery"],"citedArticles":[{"treaty":"CERD","article":"1","source":"grammar"},{"treaty":"CERD","article":"2","paragraph":"2","source":"grammar"},{"treaty":"CERD","article":"5","source":"grammar"},{"treaty":"CERD","article":"2","paragraph":"2","source":"grammar"}]},{"id":"cerd-c-gc-40-0062","docId":"cerd-c-gc-40","idx":62,"n":62,"text":"States Parties must co-design special measure frameworks with people of African descent[[fn:56]] and avoid ending or weakening these measures before achieving equality.[[fn:57]] Special measures should continue as long as data and practice show that they are needed and effective. Reparatory justice should target disparities in morbidity, life expectancy, mortality, education, health and wealth, fostering a more equitable society.[[fn:58]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":56,"text":"CERD/C/USA/CO/10-12, para. 9."},{"n":57,"text":"CERD/C/GBR/CO/21-23, para. 13."},{"n":58,"text":"General recommendation No. 37 (2024), para. 53. In its general recommendation No. 34 (2011), the Committee observed that overcoming the structural discrimination affecting people of African descent called for the urgent adoption of special measures (affirmative action), as established in articles 1 (4) and 2 (2) of the Convention."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","3. Addressing material and social inequalities stemming from the legacies of transatlantic chattel slavery"]},{"id":"cerd-c-gc-40-0063","docId":"cerd-c-gc-40","idx":63,"n":63,"text":"While special measures are data-driven, comprehensive reparations must go beyond data analysis to address centuries of harm. Reparatory justice should be broader and more substantial than special measures alone. Reparatory justice must recognize the violations of dignity and dehumanization suffered by enslaved persons and address the continuing consequences of trafficking in enslaved Africans and chattel slavery. States Parties must address ongoing harms – economic marginalization, limited political participation and psychosocial trauma – through reparations and policy reforms.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","3. Addressing material and social inequalities stemming from the legacies of transatlantic chattel slavery"]},{"id":"cerd-c-gc-40-0064","docId":"cerd-c-gc-40","idx":64,"n":64,"text":"States Parties should prioritize reparatory justice for harms originating in transatlantic chattel slavery that have persisted or worsened since chattel slavery ended.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","3. Addressing material and social inequalities stemming from the legacies of transatlantic chattel slavery"]},{"id":"cerd-c-gc-40-0065","docId":"cerd-c-gc-40","idx":65,"n":65,"text":"In accordance with article 6 of the Convention, States Parties must ensure that their legal frameworks enable competent national tribunals and other State institutions to award and enforce appropriate forms of reparation and that people of African descent have effective access to the relevant procedures.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","4. Providing access to justice: effective protections, remedies and the right to seek just and adequate reparation"],"citedArticles":[{"treaty":"CERD","article":"6","source":"grammar"}]},{"id":"cerd-c-gc-40-0066","docId":"cerd-c-gc-40","idx":66,"n":66,"text":"Taking into consideration that international law recognizes that statutes of limitations do not prevent access to justice and effective remedies for gross human rights violations or crimes against humanity and that, as States acknowledged in the Durban Declaration and Programme of Action, “slavery and the slave trade are a crime against humanity and should always have been so, especially the transatlantic slave trade, and are among the major sources and manifestations of racism, racial discrimination, xenophobia and related intolerance”, States must recognize the long history of advocacy for justice by enslaved people since the start of transatlantic chattel slavery.[[fn:59]]","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":59,"text":"For example, the case of Belinda Sutton, who, in 1783, petitioned a Massachusetts court to grant her a pension from her enslaver’s estate as compensation for her unpaid labour (see https://www.ohchr.org/sites/default/files/documents/hrbodies/cerd/cfis/gr-reparations/subm-cerd-general-recommendation-ind-dr-adejoke-babington-ashaye.pdf)."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","4. Providing access to justice: effective protections, remedies and the right to seek just and adequate reparation"]},{"id":"cerd-c-gc-40-0067","docId":"cerd-c-gc-40","idx":67,"n":67,"text":"Claims for redress have persisted for centuries but have consistently been denied, including in recent times.[[fn:60]] States must respect the inherent dignity of claimants and recognize the challenges of providing evidence across generations. States Parties should not let evidentiary limitations prevent reparations, as material and moral damages are presumed from gross human rights violations.[[fn:61]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":60,"text":"In 2023, for instance, the Court of Cassation of France denied reparations on the grounds of standing and statutes of limitations to plaintiffs from Martinique (Appeal No. 22-13.457, Judgment, 5 July 2023)."},{"n":61,"text":"International Commission of Jurists, The Right to a Remedy and Reparation for Gross Human Rights Violations: A Practitioners’ Guide, revised ed. (Geneva, 2018), p. 213."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","4. Providing access to justice: effective protections, remedies and the right to seek just and adequate reparation"]},{"id":"cerd-c-gc-40-0068","docId":"cerd-c-gc-40","idx":68,"n":68,"text":"Access to justice and remedies must be gender-responsive, intersectional and transformative. States Parties should identify and remove the specific barriers faced by women and girls of African descent, including the risk of retaliation or revictimization. Procedures and remedies should address the distinct and intersecting racial and gender-based harms experienced by claimants, including sexual and reproductive violence and economic exploitation, and should be designed and implemented with their meaningful and safe participation.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","4. Providing access to justice: effective protections, remedies and the right to seek just and adequate reparation"]},{"id":"cerd-c-gc-40-0069","docId":"cerd-c-gc-40","idx":69,"n":69,"text":"All States Parties have the responsibility to contribute to full and effective reparatory justice for people of African descent. In fulfilling their obligations, States Parties should ensure the accountability and cooperation of non-State actors that participated in, facilitated or profited from the trafficking in enslaved Africans, racialized chattel slavery or related colonial practices. Such non-State actors should acknowledge their historical roles, accept responsibility for the harms to which they contributed and take appropriate measures to address their continuing consequences.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","5. Ensuring the accountability of non-State actors for their roles in the trafficking in enslaved Africans and racialized transatlantic chattel slavery and continuing consequences"]},{"id":"cerd-c-gc-40-0070","docId":"cerd-c-gc-40","idx":70,"n":70,"text":"States Parties should adopt appropriate legislative, administrative and policy measures to regulate and oversee relevant non-State actors and ensure their effective contribution to reparatory justice. They should require such actors to: investigate and disclose their historical involvement; provide free and effective access to relevant records and archives; engage in truth-telling; publicly acknowledge their roles and any benefits derived from those practices; and issue meaningful apologies, where appropriate. Appropriate safeguards should be established against obstruction, selective disclosure and the concealment, alteration or destruction of relevant records.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","5. Ensuring the accountability of non-State actors for their roles in the trafficking in enslaved Africans and racialized transatlantic chattel slavery and continuing consequences"]},{"id":"cerd-c-gc-40-0071","docId":"cerd-c-gc-40","idx":71,"n":71,"text":"Relevant non-State actors, including religious organizations, universities, business enterprises and banks, insurers and other financial institutions, should open up their relevant records and archives without undue cost or restriction and cooperate fully with truth-seeking and reparatory processes. They should also contribute, in a manner commensurate with their involvement and the benefits obtained, to appropriate reparatory measures, which may include restitution, compensation, rehabilitation, satisfaction, memorialization, educational and community-based initiatives and guarantees of non-repetition. Acknowledgements and apologies should be accompanied by concrete measures and should not substitute for other appropriate forms of reparatory justice.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","5. Ensuring the accountability of non-State actors for their roles in the trafficking in enslaved Africans and racialized transatlantic chattel slavery and continuing consequences"]},{"id":"cerd-c-gc-40-0072","docId":"cerd-c-gc-40","idx":72,"n":72,"text":"State and non-State institutions, including museums, universities, religious organizations and research bodies, should facilitate the return of cultural objects and ancestral human remains taken in connection with the trafficking in enslaved Africans, racialized chattel slavery and colonialism to the affected communities or their representative institutions. All measures under the present section should be designed, implemented and monitored with the meaningful, inclusive and safe participation of people of African descent and affected communities.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","5. Ensuring the accountability of non-State actors for their roles in the trafficking in enslaved Africans and racialized transatlantic chattel slavery and continuing consequences"]},{"id":"cerd-c-gc-40-0073","docId":"cerd-c-gc-40","idx":73,"n":73,"text":"States Parties are required to actively share the full, objective facts about transatlantic chattel slavery revealed by research. States Parties must foster public trust in these findings and ensure that they inform public discourse on current realities and future efforts to build a society based on equal rights.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"]},{"id":"cerd-c-gc-40-0074","docId":"cerd-c-gc-40","idx":74,"n":74,"text":"States Parties must provide effective education at all levels to promote knowledge of the history, culture and traditions of racial or ethnic groups, including people of African descent. This should encourage inter-ethnic understanding, accurately represent history – especially past atrocities – and include public commemorations for remembrance and healing.[[fn:62]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":62,"text":"General recommendation No. 35 (2013), paras. 34 and 35."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"]},{"id":"cerd-c-gc-40-0075","docId":"cerd-c-gc-40","idx":75,"n":75,"text":"States Parties are required, under article 4 of the Convention and in accordance with general recommendation No. 35 (2013), as well as joint general recommendations No. 38 and No. 39 of the Committee on the Elimination of Racial Discrimination/general comments No. 7 and No. 8 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (2025) on guidelines for eradicating xenophobia and its impacts on migrants and others perceived as such, to combat hate speech and to eradicate xenophobia and ideologies of racial superiority. They must act early to prevent prejudice and address misinformation about transatlantic chattel slavery and its ongoing harms to people of African descent.","labels":["Migrants"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"],"citedArticles":[{"treaty":"CERD","article":"4","source":"grammar"}]},{"id":"cerd-c-gc-40-0076","docId":"cerd-c-gc-40","idx":76,"n":76,"text":"These measures should involve educating policymakers and the public on how transatlantic chattel slavery shaped current institutions and why reform is needed for the good of all. Elected officials should educate the public on the importance of reparatory justice for building a healthy, inclusive society.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"]},{"id":"cerd-c-gc-40-0077","docId":"cerd-c-gc-40","idx":77,"n":77,"text":"Public spaces should honour the contributions of people of African descent and clearly acknowledge the wrongs of those who supported or benefited from historical atrocities.[[fn:63]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":63,"text":"Conference room paper on the promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers, para. 300."}],"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"]},{"id":"cerd-c-gc-40-0078","docId":"cerd-c-gc-40","idx":78,"n":78,"text":"States Parties must ensure that schoolbooks and curricula present accurate, unbiased accounts of transatlantic chattel slavery, its aftermath and current realities, based on thorough research.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","A. Obligation of States Parties to guarantee reparatory justice","6. Using educational tools and forms of memorialization to combat the persistence of discriminatory attitudes that are legacies of the past and that perpetuate harms and continuing consequences"]},{"id":"cerd-c-gc-40-0079","docId":"cerd-c-gc-40","idx":79,"n":79,"text":"State Party actions must prioritize reparatory justice in the form of guarantees of non­repetition, according to which all States Parties must pursue without delay a just and equitable international order under international law[[fn:64]] towards ending racial discrimination against all peoples, including victims of transatlantic chattel slavery. This obligation to repair is owed to all States Parties, to all people of African descent and to society as a whole.[[fn:65]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":64,"text":"A/74/321, paras. 9 and 26. See also A/76/180, paras. 81–87."},{"n":65,"text":"Richard M. Buxbaum, “A legal history of international reparations”, Berkeley Journal of International Law, vol. 23, No. 2 (2005)."}],"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0080","docId":"cerd-c-gc-40","idx":80,"n":80,"text":"States Parties may seek reparations through restitution, compensation, cessation, guarantees of non-repetition, and satisfaction, including acknowledgement of responsibility and apologies.[[fn:66]] The scale and lasting impact of trafficking in enslaved Africans and transatlantic chattel slavery make full reparatory justice impossible and restitution incapable of fully addressing the harm caused.","labels":["Women/girls"],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":66,"text":"Articles on responsibility of States for internationally wrongful acts, arts. 30, 35, 36 and 37."}],"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0081","docId":"cerd-c-gc-40","idx":81,"n":81,"text":"States Parties must recognize their involvement in transatlantic chattel slavery,[[fn:67]] accept accountability and make reparations to injured States, the international community and people of African descent. This acknowledgement should guide inter-State negotiations on reparatory justice.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":67,"text":"CERD/C/FRA/CO/17-19, para. 8; CERD/C/VAT/CO/16-23, paras. 16 and 17;CERD/C/PRT/CO/18-19, para. 36 (c); and CERD/C/GBR/CO/24-26, para. 58 (c)."}],"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0082","docId":"cerd-c-gc-40","idx":82,"n":82,"text":"States should recognize the sovereignty and competence of States to demand reparatory justice for the harms caused by transatlantic chattel slavery and its enduring legacies and continuing harms to States, the international community and people of African descent.[[fn:68]]","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":68,"text":"See, for example, the CARICOM Ten-Point Plan for Reparatory Justice."}],"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0083","docId":"cerd-c-gc-40","idx":83,"n":83,"text":"Successor States to former colonies that continued domestic regimes of slavery must be held fully accountable for their direct actions and omissions. Those States that arguably may not bear responsibility for directly participating in transatlantic chattel slavery may still have failed in their duty to take effective measures to abolish it. They may be responsible for perpetuating or inadequately addressing the structural race-based inequalities that stem from the historical atrocities.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0084","docId":"cerd-c-gc-40","idx":84,"n":84,"text":"The Convention requires that all States Parties repeal domestic laws and policies that perpetuate racism, racial hierarchies or discrimination or that hinder reparatory justice for the legacies of transatlantic chattel slavery. Such laws must be identified, acknowledged and condemned as neocolonial and repealed or revised immediately.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["V. Obligations of States Parties and recommendations","B. Obligations of States Parties to other States"]},{"id":"cerd-c-gc-40-0085","docId":"cerd-c-gc-40","idx":85,"n":85,"text":"All States Parties should distribute the present general recommendation widely.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["VI. Additional recommendations"]},{"id":"cerd-c-gc-40-0086","docId":"cerd-c-gc-40","idx":86,"n":86,"text":"States Parties should, in consultation with people of African descent and reparation committees, create and implement national action plans on reparatory justice for transatlantic chattel slavery that are action-oriented and time-bound, with specific benchmarks aligned with the objectives of general recommendation No. 34 (2011) and the Durban Declaration and Programme of Action.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["VI. Additional recommendations"]},{"id":"cerd-c-gc-40-0087","docId":"cerd-c-gc-40","idx":87,"n":87,"text":"States Parties should include in their reports to the Committee under article 9 of the Convention information on action plans and other measures to provide reparatory justice to people of African descent for racial discrimination rooted in transatlantic chattel slavery.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"section":["VI. Additional recommendations"],"citedArticles":[{"treaty":"CERD","article":"9","source":"grammar"}]},{"id":"cerd-c-gc-40-0088","docId":"cerd-c-gc-40","idx":88,"n":88,"text":"Reparatory justice will continue to be one of the Committee’s priorities in its interaction with States Parties and with regional bodies, in which it will continue to urge collaboration to turn commitments into action. The Committee acknowledges that some States and regional organizations have taken steps towards reparatory justice, including through acknowledgements and apologies, truth-seeking and historical research, memorialization and education, dedicated funding and the development of regional frameworks and action plans.[[fn:69]] While welcoming such initiatives, the Committee emphasizes that they should be developed and implemented in consultation with people of African descent and affected communities and should form part of comprehensive, effective and adequately resourced reparatory justice frameworks.","labels":[],"type":"gc","committee":"CERD","committees":["CERD"],"year":2026,"footnotes":[{"n":69,"text":"See, for example, African Union Assembly decision 884 (XXXVII), in which the Assembly adopted “Justice for Africans and people of African descent through reparations” as the theme for 2025; the CARICOM Ten-Point Plan for Reparatory Justice (as revised in 2026); European Parliament resolution 2018/2899(RSP) on the fundamental rights of people of African descent in Europe; and the measures adopted by the Government of the Kingdom of the Netherlands following its apology for the State’s role in the history of slavery."}],"section":["VI. Additional recommendations"]}]
\ No newline at end of file
diff --git a/docs/manifest.json b/docs/manifest.json
index 7c7c512..906ea4b 100644
--- a/docs/manifest.json
+++ b/docs/manifest.json
@@ -17,8 +17,8 @@
   },
   "files": {
     "corpus.json": {
-      "sha": "4c56d0b076125d85",
-      "bytes": 8071987
+      "sha": "89b145c8817dae12",
+      "bytes": 8074571
     },
     "documents.json": {
       "sha": "dd65951d87d53bd7",